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Home My WebLink AboutCity Council - 05/18/2004 AGENDA CITY COUNCIL FORUM TUESDAY,MAY 18,2004 CITY CENTER 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Jack Sheehan, City Attorney Ric Rosow, and Recorder Lorene McWaters NOTE: There is no Workshop this week,just Open Forum/Open Podium beginning at 6:30 in the Council Chamber. Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 18,2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks & Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL OPEN FORUM HELD TUESDAY,MAY 4,2004 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY, MAY 4,2004 (p. 2) VI. CLEAN INDOOR AIR TASK FORCE RECOMMENDATIONS (p. 12) VII. CONSENT CALENDAR A. ADOPT RESOLUTION APPROVING FINAL PLAT OF SCENIC HEIGHTS 2ND ADDITION (p. 16) B. AWARD CONTRACT FOR 2004 SEALCOAT TO PEARSON BROTHERS,I.C. 04-5614 (p. 19) C. AWARD CONTRACT FOR 2004 BITUMINOUS OVERLAYS TO MIDWEST ASPHALTJ.C. 04-5624 (p. 20) D. APPROVE PROPOSAL FROM BARR ENGINEERING CO.TO MAINTAIN AND MONITOR PERFORMANCE OF THE RAINWATER GARDEN AT SMITH-DOUGLAS-MORE HOUSE,I.C. 03-5595 (p. 21) CITY COUNCIL AGENDA May 18,2004 Page 2 E. APPROVE PROPOSAL FROM BONESTROO ROSENE ANDERLIK& ASSOCIATES FOR THE BOG MONITORING PROGRAM AT BEARPATH GOLF AND COUNTRY CLUB,I.C. 04-5623 (p. 26) F. APPROVE PROPOSAL FROM THE CANADA GOOSE PROGRAM INC. TO PREPARE A GOOSE MANAGEMENT PLAN,I.C. 04-5627 (p. 42) G. APPROVE PROPOSAL FROM BLUE WATER SCIENCE TO CONDUCT AQUATIC PLANT SURVEYS FOR SELECTED LAKES,I.C. 04-5626 (p. 57) H. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF THREE PARCELS OF TAX-FORFEITED LAND (p. 66) I. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TH 212/PRAIRIE CENTER DRIVE IMPROVEMENT PROJECT,I.C. 01-5527 (p. 72) J. ADOPT RESOLUTION APPROVING I-494 DESIGN-BUILD MASTER UTILITY AGREEMENT WITH MNDOT FOR THE I-494 THIRD LANE PROJECT FROM TH 5 TO I-394,I.C. 02-5553 (p. 74) K. ADOPT RESOLUTION APPROVING THE I-494 COOPERATIVE DESIGN- BUILD CONSTRUCTION AGREEMENT WITH MNDOT FOR THE I-494 THIRD LANE PROJECT FROM TH 5 TO I-394,I.C. 02-5553 (p. 87) L. APPROVE CONTRACT WITH ADMINISTRATION RESOURCES CORPORATION (ARC) TO ACT AS THE THIRD PARTY ADMINISTRATOR FOR EMPLOYEE FLEXIBLE SPENDING ACCOUNTS (p. 89) VIII. PUBLIC HEARINGS/MEETINGS A. SLUMBERLAND by C.M. Architecture P.A. Request for Comprehensive Guide Plan Change from Office to Regional Service Commercial on 7.18 acres, Zoning District Change from Rural to C-Reg-Ser on 7.18 acres, Site Plan Review on 7.18 acres, Preliminary Plat on 7.18 acres into one lot. (Resolution for Comprehensive Guide Plan Change, Ordinance for Zoning Change, and Resolution for Preliminary Plat) (p. 105) B. FOUNTAIN PLACE RETAIL by North American Properties. Request for Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2 acres,Planned Unit Development Concept Review on 16.5 acres, Planned Unit Development District Review with waivers on 12.8 acres, Zoning District Change from Rural to Commercial Regional Service on 12.8 acres, Site Plan Review on 12.8 acres, and Preliminary Plat of 16.5 acres into 3 lots, and road right of way. Location: West of T.H.212, east of Columbine Road, south and east of Castlemoor Drive. (Resolution for Comprehensive Guide Plan Change,Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution for Preliminary Plat) (p. 134) CITY COUNCIL AGENDA May 18,2004 Page 3 C. ORDINANCE AMENDING SECTION 11.70 REGARDING GRADING, VARIANCES AND NON-CONFORMING USES IN A SHORELAND AREA (p. 175) IX. PAYMENT OF CLAIMS (p. 185) X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP /OPEN FORUM TUESDAY, MAY 4, 2004 CITY CENTER 6:30—7:00 PM, Council Chamber CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Roger Pauly and Council Recorder Theresa Brundage I. WORKSHOP There was no Workshop this week. II. OPEN FORUM A. MAGGIE GAGE— CITY PARK PROPERTY ON SPYGLASS DRIVE Resident Dave Riley spoke, representing residents of the Chimney Pines neighborhood who received letters from the City requesting them to return to its original state the portion of their land along the Minnesota River that belongs to the City. Riley presented photos and requested that landscaping already done on this portion of land be allowed to remain because of erosion and fire control. He said if the landscaping were removed, it could create significant erosion problems and in other areas would become a buckthorn patch which would be a fire hazard. Riley requested that Council review the affected properties and allow the homeowners to leave the landscaping as is. Butcher asked Stuart Fox if there is a threat of fire hazard in the area. Fox said there are a number of areas up and down the Minnesota River bluffs that are steep and there is no guarantee. Lambert said there are just over 1500 acres in Eden Prairie that are considered natural lands and he recommended not allowing the request. Case said he visited the properties in January and some of the encroachments are very obvious. He suggested having Fox review each case and report back on what needs to be done. He said he is asking that the decision be made with the City having Mr. Fox present. Young said if the City starts permitting exceptions, someone will come back next year with a different definition of what's right. OPEN FORUM May 4,2004 Page 2 Tyra-Lukens said the Council will get back to the property owners regarding this issue. III. OPEN PODIUM Nobody spoke during Open Podium. IV. ADJOURNMENT Mayor Tyra-Lukens adjourned the meeting at 6:50 p.m. a UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 4, 2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Roger Pauly and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting at 7:00 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Tyra-Lukens announced that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. She said this month's meetings are on the second and fourth Tuesdays because of precinct caucuses held last week. She said Open Forum is reserved for scheduled participants and if you wish to speak to the Council during Open Forum, please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra-Lukens said the Council also provides an impromptu, unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. She said Open Forum and Open Podium are not recorded or televised. She said the City Council reserves the right to adjust the time allocations for Open Forum and Open Podium and if you have questions about the process or procedures of Open Forum or Open Podium, please contact the City Manager's office. IV. PRESENTATION OF HUMAN RIGHTS AWARD AND YOUTH SCHOLARSHIP AWARDS Tyra-Lukens introduced Larry Piumbroeck, Chair of the Human Rights and Diversity Commission, and Jeff Strate,Vice-Chair. Piumbroeck said the commission began accepting nominations in January for the Jean L. Harris Youth Scholarship Award and the Human Rights Award. He said these awards are presented to recognize people for their work and activities that keep in mind the goals and spirit of the Eden Prairie 3 CITY COUNCIL MINUTES May 4,2004 Page 2 manifesto. Piumbroeck and Strate made the presentations as they were announced by Tyra-Lukens. They were as follows: 2003 Human Rights Award—Non-Profit Organization Recipient Eden Prairie School District Human Resources Department(plaque accepted by Nanette Missaghi) for the department's initiative in a new employee training program for employees with communication barriers. The plan has helped bridge the understanding of staff and supervisors with new immigrant employees. 2003 Human Rights Award—Individual Plaque accepted by recipient Jerry Anderson, Operations Manager of Eden Prairie Cub Foods. Anderson was recognized for extra efforts in helping and donating to Eden Prairie groups such as PROP (People Reaching Out to Other People),the food shelf and holiday food programs. He also began a mentoring program for Hispanic employees of Cub Foods and has been an active volunteer with many community organizations. 2003-2004 Dr. Jean L. Harris Youth Scholarship Award Certificate for one-time$1,000 award accepted by Catherine Wang, Eden Prairie High School senior and role model for youth, for the vast amount of volunteer work she does for the community. Wang, a volunteer for Walk for Hunger, Special Olympics,March of Dimes Walk and the Prairie View Carnival, is on the student council at the high school as well as president of the Interact Club and leader with the Diversity Club. She also tutors high school geometry students and assists the Eden Lake First Grade Book Club. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added 2 items under Reports of Councilmembers. Neal added 3 items under Report of City Manager. MOTION: Butcher moved, seconded by Case,to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 27, 2004 MOTION: Mosman moved, seconded by Young, to approve the Minutes of the City Council Workshop held Tuesday,April 27, 2004. Motion carried 4-0 with 1 abstention (Tyra-Lukens). B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 27, 2004 MOTION: Case moved, seconded by Young,to approve the Minutes of the City Council Meeting held Tuesday, April 27, 2004. Motion carried 4-0 with 1 abstention (Tyra-Lukens). VII. CONSENT CALENDAR 11 CITY COUNCIL MINUTES May 4,2004 Page 3 A. ADOPT RESOLUTION NO. 2004-67 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT,HENNEPIN COUNTY AND THE CITY OF BLOOMINGTON FOR TRAFFIC SIGNALS ON TH 169 AT ANDERSON LAKES PARKWAY AND PIONEER TRAIL (CSAH 1),I.C. 015548 B. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR PLACING OF FILL AT 16751 STIRRUP LANE C. ADOPT RESOLUTION NO. 2004-68 AWARDING CONTRACT FOR INTERSECTION IMPROVEMENTS AT CSAH 4 AND VALLEY VIEW ROAD TO VALLEY PAVING,INC. D. AUTHORIZE STAFF TO NEGOTIATE PURCHASE OF PROPERTY AT 6600175TH AVENUE WEST E. ADOPT RESOLUTION NO. 2004-69 OF APPRECIATION FOR CONGRESSMAN JOHN KLINE F. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES WITH MATT'S AUTO SERVICE FOR 2004 G. APPROVAL OF 2004 AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL MOTION: Butcher moved, seconded by Mosman,to approve Items A-G of the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS AT EAGLE RIDGE AT HENNEPIN VILLAGE,VACATION 04-05 (Resolution No. 2004-70) City Manager Scott Neal stated official notice of this public hearing was published in the April 15,2004,Eden Prairie Sun Current and sent to one property owner. He said the developer has requested this vacation to remove underlying easements platted with the Eagle Ridge plat and the easement vacations will allow the construction of twin home units on lots previously platted for single family units. He said the reconfiguration plan was approved by the City Council on November 18,2003. There were no comments from the public. MOTION: Butcher moved, seconded by Case,to close the public hearing; and adopt the resolution vacating the drainage and utility easements in Eagle Ridge at Hennepin Village. Motion carried 5-0. J CITY COUNCIL MINUTES May 4, 2004 Page 4 B. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF MOUNT CURVE ADDITION, VACATION 04-06 (Resolution No. 2004- 71) City Manager Scott Neal announced that official notice of this public hearing was published in the April 15, 2004,Eden Prairie Sun Current and sent to three property owners. He said property owners have requested this vacation to accommodate the combination of two parcels into one parcel for the purpose of constructing and expanding an equipment facility. Neal said a proposal explaining the owner's intentions was presented to and approved by the Council on April 27, 2004. No public comments were offered. MOTION: Case moved to close the public hearing and adopt the resolution vacating the drainage and utility easements over part of Mount Curve Addition. Seconded by Mosman, motion carried 5-0. C. SETTLERS WEST by Pemtom Land Company. Request for Zoning District Change from Rural to R1-13.5 on 11.07 acres, Preliminary Plat of 11.07 acres into 11 lots, 2 outlots, and road right of way. Location: South of Pioneer Trail and north of Vogel Farm Trail. (Ordinance for Zoning District Change and Resolution No. 2004-72 for Preliminary Plat City Manager Scott Neal said official notice of this public hearing was published in the April 22, 2004,Eden Prairie Sun Current and sent to 61 property owners. He said this proposal is for 10 single family lots and 3 outlots and the plan meets City Code requirements for the R1-13.5 Zoning District. At the April 12, 2004 meeting, the Community Planning Board voted 8-0 to recommend approval of the project to the City Council. The entire project is approximately 131 acres. The southwest 120 acres of the project is within the City of Chanhassen. Neal said the project will require collaboration between the City of Eden Prairie and Chanhassen and a cooperative agreement is being drafted to address the construction and maintenance of Settlers West Trail, extension of utilities, and joint development issues. Troy Zangs of 18912 Explorer Trail stated concern that construction trucks go through a certain area of Explorer Trail where approximately 13 children reside. He asked that construction trucks stay off those streets and travel down Settlers West instead. Case said neighbors living there are the city's eyes and ears and the best way to keep the council informed. Case asked Neal to lay out the positives about this resolution. He said there are a few negatives in that Eden Prairie will be providing water and sewer to citizens outside its city. He also said there will be additional road wear.Neal said this development does anticipate the closure and certain reduction of the Moon Valley Shooting Range that has had detrimental affects to quality of life in the area. Neal said there has also been historic concern about development of a shortcut from CITY COUNCIL MINUTES May 4, 2004 Page 5 existing Highway 212 to Pioneer Trail. He said this project will add revenue from utilities which will add approximately$1 million to the operating budget with cash park fees coming in separately. Tyra-Lukens asked if the issue of truck usage could be put into the developer's agreement. Dietz said it could. Tyra-Lukens asked if the undeveloped areas could be developed similarly. Franzen said the areas around the property have planning commission approval and Council approval is pending for single family homes with the same density. Tyra-Lukens asked if it would be possible for property owners to later build something that had higher density than what was approved by Eden Prairie. Dietz said the City still needs to execute an agreement with Chanhassen,but no, and is an item to be included in the agreement with Chanhassen. MOTION: Young moved, seconded by Butcher, to Close the Public Hearing; and approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 11.07 acres; and adopt the Resolution for Preliminary Plat on 11.07 acres into 10 lots and 3 outlots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions, including the truck traffic issue and potential use of sewer and water with Chanhassen as discussed tonight. Motion carried 5-0. D. WESTGATE OFFICE PARK by Klingelhutz Development Company. Request for Comprehensive Guide Plan Change from Low Density Residential to Office on 2.6 acres, Zoning District Change from I-General to Office on 2.6 acres, Site Plan Review on 2.6 acres, and Preliminary Plat of 2.6 acres into 4 lots. Location: Current MNDot Right-of-way,North of Venture Lane. . (Resolution No. 2004-73 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change, and Resolution No. 2004-74 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the April 22, 2004,Eden Prairie Sun Current and sent to 12 property owners. He said this is for 3 town office buildings,with a total of 10 units. The total square footage of the buildings is 24,400 sq. ft. The project will require a guide plan change from Low Density Residential to Office. The project was first reviewed at the March 22, 2004 Community Planning Board meeting. Neal said the project was continued for two weeks to revise the plans to reduce tree loss, reconfigure the trail system, and realign utilities and the Community Planning Board recommended approval with a vote of 7-0 with one abstention. The decision to change the guide plan is based on the impact on the residential homes to the southeast and the park land to the north and west. He said the proposed plan provides an appropriate transition as required by City code. In general, an office use is more compatible next to residential due to less traffic, lighting, and loading impacts. The project meets all city codes. Neal said there is also a request from the developer for an early grading permit and staff recommends approval of this.He announced there is a representative from the developer present tonight to answer questions. CITY COUNCIL MINUTES May 4,2004 Page 6 There was no public comment. MOTION: Mosman moved, seconded by Case, to Close the Public Hearing; and adopt the Resolution for Guide Plan Change from Low Density Residential to Office on 2.6 acres; and approve 1st Reading of the Ordinance for Zoning District Change from I-General to Office on 2.6 acres; and adopt the Resolution for Preliminary Plat on 2.6 acres into 4 lots and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. E. EDEN PRAIRIE TRANSFER STATION (BFI)by BFI. Request for PUD Concept Amendment on 24.32 acres,PUD District Review on 24.32 acres, Zoning District Amendment within the I-2 Zoning District on 24.32 acres, and Site Plan Review on 24.32 acres. Location: South of Pioneer Trail and East of Highway 212. (Resolution No. 2004-75 for PUD Concept Amendment and Ordinance for PUD District Review and Zoning Amendment) City Manager Scott Neal said official notice of this public hearing was published in the April 22, 2004,Eden Prairie Sun Current and sent to 23 property owners. He said BFI wants to amend items in the operational plans of the developer agreement to accommodate an increase in storage of materials. At the April 12, 2004 meeting the Community Planning Board voted 8-0 to recommend approval of the project to the City Council. The following is a summary of the operational changes. • Item 2 - Truck Operation- extend evening hours from 7-9 PM. • Item 3 - Overnight Storage— allow overnight storage from 2 -14 trucks, and a 24 to 48-hour period. • Item 4 -Maximum Tons per Day—increase from 500 to 700-900 TPD • Item 5 — Maximum Tons per Year Processed — increase from 99,000 to 218,000 TPY. • Item 6 - Maximum Number of Trips — increase from 100 per day to 230 per day • Item 14—Leachate and Liquid Waste Testing—change from weekly sampling to prior to load-out and transport for proper disposal as stipulated in the transfer Butcher ask if the intent of extending the hours from 7 p.m. to 9 p.m. was for processing and cleaning and not truck traffic. David Wiggins, general manager of BFI, said it would not actually increase the number of trucks traveling through the area. It would be for loading trucks for out bound Butcher asked what measures will there be in place to make sure there is compliance. She asked what recourse the City would have if levels are exceeded. Wiggins said Hennepin County has an inspecotar that comes once a month and there have been no violations. The State also sends inspectors that make spot inspections periodically. CITY COUNCIL MINUTES May 4,2004 Page 7 Butcher asked how rodent control is handled at the station.Wiggins said a pest control company takes care of that and they do an inspection and provide remedies when necessary. Case stated that the Council has not approved any structural expansion for this usage. BFI does have a right to request this. He said there is the possibility of adding verbiage to the commitment that BFI would never expand structurally. Neal said solid waste processing facilities are important to modern life and the developer is seeking to fully utilize the existing investment at their facility. He said he has a good understanding of what the developer wants to do. He said concerns expressed can be addressed in the developer's agreement. Mosman asked Wiggins if residents in the area were concerned,who they would call. Wiggins said he has never received a complaint from a resident and they have been thorough in notifying residents. He said the reason he is here is that he wants to utilize the investment and minimize the number of times he must come before a public meeting.He said they plan to use the facility for a number of years. Tyra-Lukens stated she is concerned about potentially over doubling the amount of trucks used for this purpose in the area. She said she does not want Eden Prairie to become the transfer station for the entire metropolitan community. Tyra-Lukens asked Wiggins to address the issue of litter coming off garbage trucks. Wigins said there are ongoing site inspections and policing of certain areas as necessary. Tyra-Lukens asked if there are only specific routes trucks are allowed to make. Wiggins said there are two outbound trucks that use Hwy 212 to a landfill for construction and demolition debris.He said MSW uses Hwy. 212 to either Interstate 494 or Hwy. 62 to make connections to the path out of town. Wiggins said they agreed to a specified traffic pattern in the current developer's agreement. James Odum of 12127 Cartway Curve expressed concerns about how much and how deep the dump would be.He asked the Council to go over the agreement with a fine tooth comb to make sure there is a means of controlling an expansion. Neal said the developer's agreement is where control issues can be agreed upon and included. Butcher said the City has a history of hard times with BFI and asked Wiggins to do anything he can to assure residents. Case asked if a clause that would mandate BFI to file an operations report annually could be incorporated in the developer's agreement.Pauly said the developer's agreement will incorporate the standards and he feels it's reasonable to indicate whether the standards are or are not being met. Wiggins noted that the current developer's agreement does require that BFI report annually the tonnage and type of debris and how much is recycled.He said they also report to the state and county for the same purpose and they would be glad to CITY COUNCIL MINUTES May 4,2004 Page 8 provide that report. Case said he would like to see maximum tons per day, maximum tons per year and number of trips per year. MOTION: Case moved, seconded by Butcher, to Close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 24.32 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the I-2 District on 24.32 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Case,Butcher,Mosman,Young and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS N.B. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case reported he received a call from a resident in the Morraine Way neighborhood and asked for a staff update on the pond there. He said the pond is dry for the first time in 30-40 years and he'd like to see some kind of definitive direction to the residents as to the status of the pond. Dietz said he will be happy to look at it,but because of the drought,most of the small ponds in drainage areas are looking very much like that. Case gave a cable commission update and reported that Eden Prairie is part of a five-city consortium and receives $250,000 that goes into the general operating budget. He said because of the current trend of voice video and data technologies merging, it is becoming complicated when telephone services offer cable and cable offers telephone. He said the City may want to weigh in at the State level and the commission will possibly be looking at areas like that. Case announced that a former Councilmember Ralph Nesbitt died last Friday and his funeral is tomorrow. He said Nesbitt served on the council from 1968-72 and was involved with the historical society as well as several volunteer issues. is CITY COUNCIL MINUTES May 4,2004 Page 9 B. REPORT OF CITY MANAGER Neal noted that there is currently a bench outside the Council Chambers in recognition of the Wissners who give many hours of time to the community. He said the bench will be placed in the new park close to the gathering bridge as the area is completed. Neal introduced Eden Prairie's new Community Development Director Janet Jeremiah. Jeremiah said she is pleased to be an official member of the staff and sees this as a tremendous opportunity for her to help guide and enhance the city in a positive future. Neal announced that citizens who find themselves in a situation where they have unintentionally encroached on city property, easements or park property,the assumption is never made that it was done with malice.He said the intent of staff is to proceed with enforcement action as planned unless there is consensus from the council to do otherwise.He said staff will have Stuart Fox continue to work with the residents to make sure the enforcement action taken is done in a reasonable and prudent manner. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION:Butcher moved, seconded by Case,to adjourn the meeting.Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:03 p.m. I ' CITY COUNCIL AGENDA DATE: SECTION: May 18, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Clean Indoor Air Task Force Recommendations of the Clean Indoor Air Task V I Force Requested Action Move to accept the report containing the recommendations of the Clean Indoor Air Task Force. Synopsis Task Force Member Deborah Plumb will present the final recommendations of the Clean Indoor Air Task Force to Council. Attachments Recommendations Final Clean Indoor Air Task Force Recommendations The Clean Indoor Air Task Force continues to recommend the three levels of smoke-free facilities as approved at the November 18,2003 meeting of the City Council: • Smoke-free • Smoke-free through 9:00 PM • Smoke-free through 4:00 PM The Clean Indoor Air Task Force approved the Business and Consumer Marketing Strategies at its January 13,2004 meeting. The Task Force agreed that the general approach will be positive— smoke-free is good for health and for business.Although the major emphasis of the program will be on restaurants that serve liquor,the Task Force encourages restaurants that do not service liquor(such as fast food restaurants)to participate. Also,non-restaurant businesses that request to participate will be encouraged to do so; however,the major focus for the first phase of the program will remain on moving restaurants toward smoke-free environments. Only limited outreach will be made toward the non-restaurant business community, including mentioning eligibility for the program in program literature and press releases. I. Recommended business marketing strategies include: A. Use personal approach to contact all smoke-free restaurants B. Prepare an information and application packet about the program C. Solicit all smoke-free restaurants to participate D. Schedule press conference/ceremony with mayor to award the first smoke-free restaurants E. Personally contact other restaurants about the program F. Conduct consumer awareness/education campaign 1. Present program at the Chamber of Commerce meetings and provide periodic feedback 2. Develop web page about the program and designate participating restaurants on the City's website 3. Develop tri-fold brochure briefly describing the program that lists the participating restaurants;widely distribute brochures through public schools,hotels,the local library,and in health care facilities. 4. Include brief program description and list of participating restaurants in all City publications 5. Provide a brief program description and list of participating restaurants on City's cable access television 13 Clean Indoor Air Task Force Recommendations May 2004—Page 2 6. Organize an ongoing letter to the editor/commentary writing effort to keep the program in the public eye,at least twice monthly.Content would include but not be limited to the benefits of eating in smoke-free restaurants,the perspective of employees who work at smoke-free restaurants, and the impact of second-hand smoke. (Voluntary health organizations such as the American Cancer Society,the American Lung Association,the American Heart Association and others can provide scheduled commentaries.) II. Recommended consumer marketing approach: A. Three themes were defined 1. Residents,workers,and visitors will enjoy eating in Eden Prairie's non-smoking restaurants 2. Healthier places to eat 3. Support this initiative so it grows—consumers drive the marketplace! B. Conduct consumer awareness/education campaign(also see under business) 1. Articles in local print media—letters to the editor,press releases, staged events, and commentaries(articles will focus on the program and the health impact of second hand smoke) 2. Brochure,Website update,and cable access television(see above) 3. Distribute materials through schools,inserts in Eden Prairie News and Sun Current,Fitness Centers,doctors' offices, clinics,the library,hotels 4. Trinkets/T-Shirts 5. Booths at community events 6. Solicit assistance in marketing from voluntary organizations and churches 7. Paid publicity(local newspapers and/or Eden Prairie magazine) 8. Prepare major activity for November Smoke Out and in conjunction with the release of the Surgeon General's 40`h Anniversary Report on Surgeon General Luther Terry's historic 1964 report on Smoking and Health The Task Force recommends that establishments be recognized with a modified star design using a simple design with limited wording. • Since businesses other than restaurants may apply for the program,the tagline would be "The City of Eden Prairie Recognizes the Stars.""Dine with the stars"will be used in print ads in newspapers, etc., to promote the restaurant program. • The star program will have three levels of recognition—no smoking, smoke-free until 4:00 p.m.,and smoke-free until 9:00 p.m. • All three stars will be gold and will follow the same basic design,using a crossed-out cigarette, a 4 or a 9 in a circle in the center of the star to denote level of program participation. City of Eden Prairie Recognizes the Stars Smoke-fro. 1 IA Clean Indoor Air Task Force Recommendations May 2004—Page 3 • Establishments will designate participation by displaying a window cling and/or plaque visibly their entrance area. Task Force members voiced concern that the program could easily"fall between the cracks"if a staff person were not assigned to oversee the program. The Task Force recommends that • A staff point-person be assigned to oversee the program; and • That ongoing program progress reports be submitted to the Council on a quarterly basis. I5 CITY COUNCIL AGENDA DATE: May 18, 2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of Scenic Heights 2nd Addition Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Scenic Heights 2nd Addition. Synopsis This proposal is located at 15201 Scenic Heights Road. The plat consists of .97 acres to be divided into two lots and right-of-way dedication for street purposes. This subdivision is to create a lot for a new single family home and a lot for the existing six unit apartment building. Background Information The preliminary plat was approved by the City Council March 23, 2004. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on April 27, 2004. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$310.00. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of final plat, Developer agrees to pay sanitary sewer and water connection fees in the amount of$13,925.00. Attachments Drawing of final plat /6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SCENIC HEIGHTS 2ND ADDITION WHEREAS, the plat of Scenic Heights 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Scenic Heights 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat • dated May 18, 2004. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 18, 2004. 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Mary Krause ' Requested Action Move to: Award Contract for 2004 Sealcoat to Pearson Brothers in the amount of $316,215.50. Synopsis Sealed bids were received Thursday, May 6, 2004 for the 2004 Sealcoat. Three bids were received and are tabulated as follows: Pearson Brothers $316,215.50 ASTECH $324,834.55 Allied Blacktop, Inc. $362,817.93 Background Information The 2004 O&M budget for sealcoating is $245,000. The balance of$80,000 between the actual project costs and budget amount will be taken from the CIP for pavement maintenance. 19 CITY COUNCIL AGENDA DATE: May 18,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 04-5624 ITEM NO.: Engineering Award Contract for 2004 Bituminous Overlays .0 Mary Krause Requested Action Move to: Award Contract for 2004 Bituminous Overlay to Midwest Asphalt in the amount of$982,475.00. Synopsis Sealed bids were received Thursday, May 6, 2004 for the 2004 Bituminous Overlays. Seven bids were received and are tabulated as follows: Midwest Asphalt $ 982,475.00 Wm. Mueller& Sons $ 999,530.00 Bituminous Roadways, Inc. $1,025,470.00 Valley Paving $1,052,750.00 Hardrives, Inc. $1,069,030.00 Northwest Asphalt $1,086,800.00 C.S. McCrossan $1,251,100.00 Background Information The 2004 O&M budget for milling and overlay is $259,000. The Council approved five-year CIP allocated an additional 860,000 for pavement maintenance for 2004. Approximately $725,000.00 of these monies will be added to the overlay program. The additional CIP funds will be utilized for additional projects including sealcoating. DO CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 18, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: (I.C.#03-5595) Public Works Proposal to Provide Monitoring and ITEM NO.: Leslie Stovring Maintenance Services for the Rain Garden at Eugene Dietz the Smith Douglas More House Requested Action Move to: Approve proposal from Barr Engineering Co. to maintain and monitor performance of the rainwater garden at the Smith Douglas More House at an estimated cost of$9,925. Synopsis The Riley-Purgatory-Bluff Creek Watershed District has proposed to cost-share in maintaining and monitoring the rainwater garden at the Smith Douglas More House. The proposed cost share is a 50/50 split for a three year period. Background Riley-Purgatory-Bluff Creek Watershed District has requested Barr Engineering Co. to submit a proposal to monitor and maintain the rainwater garden at the Smith Douglas More House. The project is to not only provide monitoring and basic maintenance services for the garden,but to also monitor and analyze the effectiveness of the infiltration capacity of the rainwater garden. The watershed is interested in providing hard data on rainwater gardens to help encourage future projects using similar techniques. The proposal includes the following tasks: • Order, purchase and install water level sensor,rain gage and datalogging equipment • Conduct site assessment and design and install a new outlet weir to enhance water level control • Collect data and inspect/maintain equipment bi-weekly from April through September • Visit site 4 times between October and March to evaluate rainwater garden condition • Review monitoring data throughout each year • Inspect and report on quality of plantings, including weed growth, disease and plant vigor • Maintain garden area, including spot mowing, spot spraying with herbicide and weed removal • Advise maintenance contractor when work or vegetation replacement is required The contract will extend through December 2006 at which time a final report will be submitted summarizing the data collected and recommendations for future work. The total proposed cost is$19,850. The Watershed District has agreed to cover$9,925 of this cost. The Stormwater Utility Fund will be used to fund this project. Attachments • Proposal from Barr Engineering Co. dated May 3, 2004. Internal BARR Memorandum To: Bob Obermeyer From: Diane Hellekson Subject: Smith Douglas More House rainwater garden monitoring Date: May 3, 2004 c: Chris Bonick,Kurt Leuthold Project Scope Monitoring rainwater gardens at the Smith Douglas More House would focus on two areas: stormwater and vegetation. The stormwater component comprises four tasks: 1)purchase and install monitoring equipment, 2) redesign the outlet weir to enhance water level control in the rainwater garden, 3) collect data and inspect/maintain equipment bi-weekly, and 4)review monitoring data throughout the year. Vegetation monitoring includes two main components: 1) inspecting and reporting on quality of plantings and 2)maintenance. We plan to train a landscape ecologist in the data downloading procedure in order to combine site visits for stormwater data collection and vegetation inspection. This overlap allows for frequent, detailed vegetation inspection at a minimal cost. Itemized costs are provided in a single spreadsheet, following a detailed explanation of tasks. Stormwater Monitoring Approach 1. Purchase and install monitoring equipment, which includes a water level sensor, rain gage, and dataloggers o Conduct site assessment at the Smith Douglas More House • Determine locations for the rain gage and water level sensor • Determine specific equipment requirements (i.e. cable lengths, hardware) o Order monitoring equipment • o Install monitoring equipment 2. Reconstruct the outlet control device to include a notched weir to replace the earth and rock berm. This will establish a precise fixed outflow elevation and provide a method for computing discharge and volume from the basin without the need for additional monitoring equipment. o Conduct site assessment at the Smith Douglas More House o Create drawings for the new weir design o Install the new weir 3. Collect data and inspect monitoring equipment on a bi-weekly basis Da To: Bob Obermeyer From: Diane Hellekson Subject: Smith Douglas More House rainwater garden monitoring Date: May 3,2004 Page: 2 o Bi-weekly site visits are planned for April through September and a total of 4 visits are planned for the other 6 months. Data will be collected during winter months if there is a runoff event such as rainfall or a snowmelt. o Download data form the rain gage and water level sensor dataloggers o Inspect equipment and perform maintenance when required 4. Ongoing review and management of monitoring data each time data is collected. Note: Year-end analysis of monitoring data is not included in this scope and cost letter. Barr would be pleased provide this service at the appropriate time. Vegetation Monitoring Approach 1. Inspection o Inspect rainwater garden plantings for weeds,diseases,plant vigor monthly(April through September) o Advise maintenance contractor when work is required o Write and distribute 3 to 4 growing-season reports on vegetation status,including a fall summary. 2. Maintenance by a landscape contractor specializing in native landscapes. Typically there will be four maintenance visits per year,which may include spot mowing, spot spraying of herbicide,hand-pulling weeds Estimated Project Costs TABLE 1 Task Hours Billing Rate Cost MAY 2004 Labor Assess site 2 80 160 • Order equipment/purchase hardware 4 80 320 Install and program equipment 18 80 1,440 Redesign and install new outlet weir 10 80 800 Labor Subtotal 34 $ 2,720 Equipment Rain gage equipment 800 Water level sensing equipment 2,300 Hardware 400 Equipment Subtotal $ 3,500 May 2004 SUBTOTAL $ 6,220 (table continued on next page) a3 To: Bob Obermeyer From: Diane Hellekson Subject: Smith Douglas More House rainwater garden monitoring Date: May 3,2004 Page: 3 (table continued from previous page) Task I Hours Billing Rate Cost JUNE 2004 through DECEMBER 2004 Labor Collect data/inspect equipment(7 visits)(1) 14 80 1,120 Collect data/inspect equipment AND inspect plantings 8 80 640 (4 visits June—Sept.) (1) Maintain equipment(2 visits) 6 80 480 Manage data( 11 reviews) (1) 12 80 960 • Write 2—3 vegetation status reports 3 80 240 Labor Subtotal 43 $ 3,440 Equipment (maintenance) $ 50 Landscape Maint. Contractor (3 visits @ $200/visit) $ 600 May 2004 subtotal (from prey. page) $6,220 2004 TOTAL $10,310 JANUARY 2005 through DECEMBER 2005 Collect data/inspect equipment(11 annual visits) (2) 16 80 1,280 Collect data/inspect equipment AND inspect plantings 9 80 720 (6 visits April—Sept.) (2) Maintain equipment(4 annual visits) 8 80 640 Manage data(17 annual reviews) (2) 12 80 960 Write 3 —4 vegetation status reports 4 80 320 Labor Subtotal 49 $ 3,920 Equipment(maintenance) $ 50 Landscape Maint. Contractor (3 visits @$200/visit) $ 800 2005 TOTAL ;. $. 4,770 JANUARY 2006 through DECEMBER 2006 _ Collect data/inspect equipment(24 annual visits) (2) 16 _ 80 1,280 Collect data/inspect equipment AND inspect plantings 9 80 720 (6 visits April— Sept.) (2) Maintain equipment(4 annual visits) 8 80 640 Manage data(30 annual reviews) (2) 12 80 960 Write 3 —4 vegetation status reports 4 80 320 Labor Subtotal 49 $ 3,920 Equipment(maintenance) $ 50 _Landscape Maint. Contractor (3 visits @ $200/visit) $ 800 2006'TOTAL . .''.. $ 4,770 GRAND TOTAL 2004 through 2006 $19,850 (see next page for notes) ay To: Bob Obermeyer From: Diane Hellekson Subject: Smith Douglas More House rainwater garden monitoring Date: May 3,2004 Page: 4 (1) For 2004, 11 visits are planned for data collection and inspection. This is based on bi-weekly visits June through September(9) and 2 visits October through December. (2) 17 data collection/inspection visits are planned each year in 2005 and 2006. This is based on bi- weekly visits April through September(13) and 4 visits January through March and October through December. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 18,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: (I.C. #04-5623) Public Works Proposal for Monitoring the Bogs at the ITEM NO.: Leslie Stovring Bearpath Development Site -j--I— E Eugene Dietz Requested Action Move to: Approve proposal from Bonestroo Rosene Anderlik&Associates for the bog-monitoring program at the Bearpath Golf and Country Club for the City at an estimated cost of $32,165. Synopsis The City of Eden Prairie took responsibility for coordinating the sampling program for the three bogs at Bearpath Golf& Country Club in 1996, in accordance with the COE wetland permit guidelines. The monitoring program for 2004 / 2005 will include vegetation monitoring and water quality sampling each year. Background The bog monitoring activities at Bearpath began in 1992. A long-term sampling and monitoring plan for the three existing bogs was developed as a special condition of the U.S.Army Corps of Engineers (COE)permit issued in September 1993. The monitoring program was developed to assess potential changes in the bog ecosystems both during and after construction of the golf and country club. The program includes assessment of the water quality and vegetation at the three bogs. The sampling program was designed to monitor changes at the most sensitive areas of each wetland basin. The COE has stated that the vegetation and water quality monitoring need to be continued due to the encroachment of invasive species, fluctuations in water quality, previous buffer strip enforcement issues and the pending construction of Highway 212. Riley-Purgatory-Bluff Creek Watershed District completed the restoration of the wetland buffer strip in 2003. The City will meet with the COE after the 2005 water quality-sampling event to re-evaluate the program to determine a new schedule for long-term monitoring. Proposal Summary Nineteen companies were solicited for bids. Four submitted proposals. They included STS Consultants,Ltd.($34,000)Bonestroo Rosene Anderlik&Associates(BRA)($32,165),Short Elliot Hendrickson (SEH) ($40,099) and Westwood Professional Services, Inc. ($35,900). BRA has performed monitoring for Bearpath previously and is knowledgeable of the project requirements. The Draft Local Water Plan has a proposed budget of$32,000 from the Stormwater Utility Fund. Attachments Proposal for Conducting Bearpath Bog Monitoring, BRA, dated May 6, 2004. Bonestroo 2335 West Highway 36 • St.Paul, MN 55113 • Rosene Office:651-636-4600 ■ Fax:651-636-1311 mul• Anderlik& wwwbonestroo.com Associates Engineers&Architects May 6,2004 Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Dear Leslie: Thank you for the opportunity to present this proposal for annual water quality and vegetation monitoring in the bogs within the Bearpath development during 2004 and 2005 ("Project").Our proposal is provided in the form of this letter that,when signed by both parties,will become an agreement between the City of Eden Prairie("City") and Bonestroo,Rosene,Anderlik&Associates,Inc. ("Ecologist"). Project Understanding The City wants to carry out ongoing monitoring of water quality and vegetation characteristics within three bogs in the Bearpath development.These bogs are a significant natural feature for Eden Prairie,the Twin Cities area and southern Minnesota. Monitoring efforts in the past several years have documented a notable shift in the vegetation composition within these bogs.Vegetation shifts include a rise in the incidence of nonnative species and an apparent increase in the presence of native plants generally associated with a more nutrient-rich surrounding than is typically found in bogs. Additionally,the physical characteristics of water samples indicate a shift in nutrient levels,particularly phosphorous,that have the potential to impact the bogs' long-term composition, structure, and function. Regular monitoring is essential to document changes in water quality and vegetation to formulate and justify potential adjustments in management of the bogs and their immediate watersheds. Ecologist's Scope of Basic Services Tasks for the Bearpath Annual Monitoring Project include the following: • • Water quality sampling during the last week of October or first week of November 2004 and 2005 • Vegetation surveys • Initial vegetation analysis between July 1 and July 12, 2004 • Meander vegetation survey during the last week of August and the first week of September in 2004 and 2005 • Final report,with one draft report submitted for review by February 24,2006 • St. Paul, St. Cloud, Rochester, Willmar, MN • Milwaukee, WI • Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned Leslie Stovring May 6,2004 Eden Prairie,MN Page 2 Water Quality Monitoring Ecologist will conduct water quality sampling during either the last week in October or the first week in November.Ecologist will collect samples at the points identified in the City's request for proposal (RFP) and using the methodology described in the RFP for surface,under mat and perimeter sampling. Readings for pH, specific conductance,dissolved oxygen and temperature will be taken in the field using a calibrated YSI 600XL Sonde with an associated datalogger.Thirty samples will be taken for lab analysis and delivered to a certified analytical laboratory,Instrumental Research,Inc.The lab will analyze samples for the parameters noted in the RFP,listed as total nitrate-nitrogen through total alkalinity.Ecologist will deliver samples to the lab within 12 hours of collection,well within established holding times for the parameters.Ecologist will also fill out a chain of custody form as part of the delivery. Ecologist will locate bog mat holes from previous site sampling based on waypoint navigation with a GPS unit to points identified in 2001 (or 2002/2003).Although not specified in the RFP,Ecologist proposes to permanently install stainless steel well points at all seven under mat sampling site locations. The fee for this Project includes all materials and labor to permanently install these seven well points. Should the City decide to forego permanent installation, $300 can be deducted from the Ecologist's proposed fee.Ecologist recommends using permanent well points to: • minimize disturbance to the bog mat • further improve consistency of data collection • enable future consultants to easily relocate • minimize time and cost as opposed to installing and extracting points each year Ecologist proposes to use 36-inch well points that are 2 inches in diameter and perforated with an 80- gauge mesh stainless steel screen.At sampling points where the depth of the bog is greater than two feet, stainless steel extensions will be added to the well point.Approximately one foot of the well point will protrude above the surface of the bog.The top will be capped and flagged or painted at the City's discretion. At each sample site,Ecologist will collect the following: • Water depth—Collected manually using a graduated engineer's rule.Values will be reported to the tenth of an inch • Dominant plant species—Evaluated by visual observation within a 5-foot radius of the sample site. (If the City desires a different sampling radius,Ecologist will be happy to discuss alternatives.) • Number of samples taken—Recorded manually • Point location—Recorded manually using the site map included in Ecologist's 2001 report to City as reference • Digital photograph—Taken at each sample site • Coordinates—Ecologist used a Trimble GPS unit with sub-meter accuracy in 2001 to capture the coordinates of each sample point.For 2004 and 2005,Ecologist will use waypoint GPS navigation to return to the 2001 coordinates(or coordinates captured later by other consultants). Water surface elevation using existing staff gauges will be recorded at the time of the sampling visit. Ecologist can reset any missing staff gauges as a Supplemental Service. As per the safety precautions identified in the RFP,two Ecologist staff members will be present in the field at all times during the sampling effort. City of Eden Prairie—Bearpath Bog Monitoring Survey d 0 Leslie Stovring May 6,2004 Eden Prairie,MN Page 3 Vegetation Survey The vegetation survey will include an initial vegetation analysis(transect sampling)in 2004 and meander surveys in both 2004 and 2005.Any plants that cannot be identified to species will be collected,pressed and labeled with appropriate collection information for later identification and/or accession to a herbarium of your choice. Initial Vegetation Analysis_Ecologist will conduct an initial vegetation analysis between July 1 and July 12,2004.Twelve permanently marked transects (five in Bog Y,three in Bog F, and four in Bog 0)will be sampled in a manner consistent with previous sampling efforts by(Summit Envirosolutions, 1994). While on site,Ecologist will re-flag existing transect end posts with vinyl ribbon to allow future surveyors to easily locate them.Transect data collected will include: • Line intercept method for trees and shrubs • One square meter plot method for herbaceous/surface vegetation • Lagg vegetation documentation • Digital photographs from each transect end post, oriented along the transect line Field data collected will by used to calculate Shannon Diversity Index values for each of the three bogs. Meander Vegetation Survey.Ecologist will conduct a vegetation survey between the last week of August and first week of September.It will include visual observations and digital photographic documentation transects in both the lagg and floating mat areas.All identified species will be recorded • along with their overall estimated frequency of occurrence.Particular attention will be given to documenting the frequency and distribution of nonnative species, and native species that are not characteristic of bog flora.Cover maps will be created to estimate extent of coverage for invasive nonnative species, such as purple loosestrife and common buckthorn.In addition, observational notes will be made on such items as recent disturbances,wildlife activities,incompatible management practices, and other relevant issues.Vegetation field data will be entered into databases provided by City staff to provide continuity and compatibility with previous studies. Report Preparation 2004 Summary Report_Ecologist will provide a summary letter-style report to City staff at the end of the 2004 sampling season.This interim report will provide a summary of water quality and vegetation survey data collected along with any recommended sampling/monitoring modifications or actions to consider for the 2005 field season.Ecologist anticipates the summary report will be provided to the City by January 15, 2005. Final Report_Ecologist will prepare a final report that summarizes and interprets field data collected during 2004-2005 comparing it with historical information collected between 1992 and 2003.Ecologist anticipates the format to be similar to previous reports. Ecologist will compare data collected in 2004-2005 with previous results and identify influences that may have contributed to changes in the general condition of individual bogs or specific parameters within or between them.Based on analytical results of prior data,Ecologist will make recommendations regarding potential management strategies for the bog and local watersheds.In addition,Ecologist will discuss potential adjustments in monitoring strategies to balance the City's financial resources and the value of data derived from any recommended adjustments.The report will also include general maps of major plant communities per breakout according to Minnesota Department of Natural Resources Natural Heritage classification methods as outlined in Minnesota's Native Vegetation:A Key to Natural Communities; Version. 1.5 or 2.0. City of Eden Prairie—Bearpath Bog Monitoring Survey a 9 Leslie Stovring May 6, 2004 Eden Prairie,MN Page 4 City will provide Ecologist with previous annual monitoring reports.This will enable the most efficient entry of data into appropriate databases and spreadsheets and provide for the greatest opportunity for consistency with previous monitoring reports. One draft copy of a report will be submitted to the City for review on or before January 13,2006.Five bound copies of the fmal report with up to 12 color figures/pages will be provided to the City approximately three weeks after Ecologist receives City staff's draft report edits (anticipated as February 24,2006). Project Deliverables Project deliverables will include the following: • Five bound copies of the final report(please see Supplemental Services section for cost of additional copies) • Electronic data versions of drawings or other written documents ("Digital Data")provided in hard copy form: data provided in AutoCAD 14.0,ArcView 3.1,Microsoft Word,Access and/or Excel. Please note:In the event of any conflict between a hard copy document and the Digital Data, the hard copy document governs.Any Digital Data submitted by the Ecologist to the City is submitted for an acceptance period of 60 days ("Acceptance Period').Any defects that the City discovers during this period and reports to the Ecologist will be corrected by the Ecologist at no extra charge. The City understands that the Digital Data is perishable and the City is responsible for maintaining it. Project Team Paul Bockenstedt will head Ecologist's Project team and bring the 2004-2005 bog monitoring Project to successful completion.Paul will oversee the vegetation and water quality monitoring portions of the project.Joining Paul on the team are Liza Gould,Rich Brasch,Wesley Saunders-Pearce and Greg Halverson. Vegetation monitoring will be completed with a team that includes Paul Bockenstedt,as well as Liza Gould and Greg Halverson.Paul and Liza worked on the Eden Prairie bog monitoring project in 2001 and bring a combined total of 29 years of plant ecology and wetland experience to the Project.Greg has substantial experience with bogs,including the monitoring and data analysis of several bogs in Michigan. Greg is a valuable addition to our team due to his bog experience, as well as his experience with water quality projects. Rich Brasch will lead the water quality monitoring portion of the Project,with assistance from Wesley Saunders-Pearce and Greg Halverson.Rich has extensive experience in monitoring and managing a wide variety of wetlands,lakes,rivers and streams in the upper Midwest,as well as in his role overseeing the streams and rivers program at the Montana Department of Natural Resources.Rich and Wes both worked on the City's bog monitoring project in 2001 (with field assistance from Liza Gould). Greg Halverson will assist Rich and Wes in water quality sampling in 2004-2005. Additional information about the experience of team members can be found in their resumes included with this proposal. City of Eden Prairie—Bearpath Bog Monitoring Survey 30 Leslie Stowing May 6, 2004 Eden Prairie,MN Page 5 Compensation Ecologist will complete the Basic Services outlined above for the lump sum amount of$32,165,which includes reimbursable expenses. Supplemental Services Supplemental services not included in Basic Services and authorized in writing by the City shall be paid for by the City at a negotiated lump sum, or on an hourly basis plus expenses in accordance with Appendix A.Examples of supplemental services follow: • Additional draft or final report copies for$30 each • GPS any previously unrecorded locations using dual frequency Trimble GPS unit with sub-meter (centimeter) accuracy • Reset staff gauge(s)where missing • Set new monitoring posts where missing, and(re)label posts to be consistent with codes assigned in the monitoring reports • Bog watershed evaluation:Based on existing information, an assessment could be conducted to analyze the change in watershed runoff characteristics due to changes in pre-and post-development watershed area and land use composition.This information could be of great value in explaining in a quantitative way observed conditions in the bogs themselves as well as pre-and post-highway development for the new 312/212 corridor that will be constructed in 2004-2005 just north of Bog Y. Project Timeline Ecologist will endeavor to complete all work on this Project within three weeks of return of draft report comments to the Ecologist by the City(anticipated completion is no later than February 24,2006). City of Eden Prairie General Conditions The City of Eden Prairie General Conditions attached as Appendix B are incorporated in this agreement to the extent that they do not contradict or conflict with the body of this Agreement.It is assumed that Section 4.7 of these General Conditions applies only if the City terminates the Ecologist for cause. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • City of Eden Prairie—Bearpath Bog Monitoring Survey 3 I Leslie Stowing May 6,2004 Eden Prairie,MN Page 6 Please have both copies of this letter agreement signed by authorized City representatives,keep one copy for your files and return one copy to Paul Bockenstedt at Bonestroo,-Rosene,Anderlik&Associates as our notice to proceed.We're excited to work with you again,managing this ecologically significant resource. Sincerely, BONESTROO,ROSENE,ANDERLIK& Accepted by: ASSOCIATES,INC. CITY OF EDEN PRAIRIE By 24/0144 04 A4By Marvin L. Sorvala,President Date 5, -of- (Printed name and Title) Date And by (Printed name and Title) Date City of Eden Prairie—Bearpath Bog Monitoring Survey 3 D Appendix A 2004 Rate Schedule Classification Hourly Rate Senior Principal $107.00 - $117.00 Principal I Senior Project Manager 103.00 - 114.00 Specialist* 92.00 - 150.00 Project Manager I Planner 98.00 - 109.00 Registered Engineer/Architect/Landscape Architect I Sr. GIS Designer 86.00 - 98.00 Project Engineer/Architect/Scientist/Landscape Architect 75.00 - 87.00 GIS Designer I Senior Designer 72.00 - 83.00 Graduate Engineer/Architect/Scientist/Landscape Architect 70.00 - 80.00 Senior Draftsperson 60.00 - 75.00 Draftsperson 56.00 - 69.00 Project Technician 39.00 - 45.00 Senior Field Supervisor 78.00 - 92.00 Field Supervisor I Senior Crew Chief 69.00 - 85.00 Senior Inspector 61.00 - 77.00 Inspector I Crew Chief I Senior Technician 57.00 - 71.00 Technician 39.00 - 56.00 GPS Survey Equipment 35.00 Total Station Equipment 25.00 GIS Workstation Equipment 20.00 GPS Submeter Unit (per half day). 75.00 *Specialist: Expert in highly technical discipline Direct Project Expenses-at cost: reproduction, printing, duplicating, mileage, mobile phones, and any out-of-pocket expenses such as stakes,field supplies, etc. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. City of Eden Prairie-Bearpath Bog Monitoring Survey 33 A- 1 2004 Schedule of Reimbursable Expenses 81/2"x 11 " Black and White Copies $0.03/page 11"x 17" Black and White Copies $0.05/page 81/2"x 11" Color Copies $1.25/page 11"x 17" Color Copies $1.25/page Color plots: 36" by < 36" (standard paper) $5.00 each Color plots: 36" by < 72" (standard paper) $8.00 each Blue Print Copies cost plus 10 percent Reproducible plots: 36" by <36" (Mylar) $10.00 each Reproducible plots: 36" by<60" (Mylar) $16.00 each Reproducible plots: 22"x 34"(paper) $3.00 each Color plots 60" by < 36" (hi-gloss paper) $17.00 each Color plots 60" by < 72" (hi-gloss paper) $32.00 each Large format plots 24" by < 36" (sheet bond) $1.50 each Large format plots 24" by<72" (roll bond) $2.50 each Mileage (Auto) $0.41/mile Mileage (Field Truck) $0.45/mile Total Station Survey Equipment $25.00/hour GIS Workstation Charge $20.00/hour GPS Survey Equipment Charge $35.00/hour GPS Submeter Unit Charge $75.00/half day Long Distance Phone Calls at cost Cellular Phone Service at cost Meals and Lodging at cost Engineer's Consultants cost plus 10 percent Postage and Deliveries at cost Survey Stakes at cost Other Direct Project Expenses at cost These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. • City of Eden Prairie—Bearpath Bog Monitoring Survey 3 y A-2 APPENDIX B CITY OF EDEN PRAIRIE GENERAL CONDITIONS CONSULTANT AGREEMENT SECTION 1: PROJECT INFORMATION Notwithstanding the above, Consultant agrees to be responsible for damage caused by Consultant's negligence. 1.1 City will provide to Consultant all known information regarding existing and proposed conditions of the site or 2.5 City agrees to render reasonable assistance requested by which affects the work to be performed by Consultant. Consultant to enable performance of work without delay or Such information shall include, but not be limited to site interference,and upon request of Consultant,to provide a plans, surveys, known hazardous waste or conditions, suitable workplace. previous laboratory analysis results, written reports, soil boring logs and applicable regulatory site response(Project 2.6 City will be responsible for locating and identifying all Information). subterranean structures and utilities. Consultant will take 1.2 City will transmit to Consultant any additions,updates, reasonable precautions to avoid damage or injury to or revisions to the Project Information as it becomes subterranean structures and utilities identified and located by available to City,its subcontractors or consultants. City and/or representatives of Utility Companies. 1.3 City will provide an on-site representative to SECTION 3: SAMPLES Consultant within 24 hours upon request, to aid, define, 3.1 Consultant may retain at its facility selected soil,water,or supervise, or coordinate work or Project Information as material samples for a maximum of 30 days after completion requested by Consultant. of the work and submission of Consultant's report, which 1.4 Consultant will not be liable for any decision, samples shall remain the property of City. Unless otherwise conclusion, recommendations, judgment or advice based directed by the City, Consultant may dispose of any samples on any inaccurate information furnished by City, or other after 30 days. subcontractors or consultants engaged by City. 3.2 Disposal of contaminated or hazardous waste samples is SECTION 2: SITE LOCATION,ACCESS, the responsibility of City. After said 30 days, City will be PERMITS,APPROVALS AND responsible to select and arrange for lawful disposal UTILITIES procedures that include removal of samples from Consultant's custody and transporting them to a disposal site. City may 2.1 City will indicate to Consultant the property lines of request, or if City does not arrange for disposal, Consultant the site and assume responsibility for accuracy of markers. may deliver samples to City, freight collect, or arrange for lawful disposal and bill City at cost plus 15%. 2.2 City will provide for right-of-way for Consultant SECTION 4: FEE PAYMENT/CLAIMS personnel and equipment necessary to perform the work. 2.3 City will be solely responsible for applying for and 4.1 Consultant will submit invoices to City monthly, and a obtaining permits and approvals necessary for Consultant final invoice upon completion of work. Invoices will show to perform the work. Consultant will assist City in charges based on the current Consultant Fee Schedule or applying for and obtaining such permits and approvals as other documents as attached. needed. It is understood that City authorizes Consultant to 4.2 To receive any payment on this Contract, the invoice or act as agent for City for City's responsibilities under this bill must include the following signed and dated section including signing certain forms on City's behalf such as Right-of-Way forms. statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part 2.4 While Consultant will take reasonable precautions to of it has been paid" minimize any damage to property,it is understood by City 4.3 The balance stated on the invoice shall be deemed correct that in the normal course of the work some damage may unless City notifies Consultant, in writing, of the particular occur. The correction of any damage is the responsibility of City or,at City's direction,the damage may be corrected item that is alleged to be incorrect within ten(10) days from by Consultant and billed to City at cost plus 15%. the invoice date. Consultant will review the alleged incorrect item within ten (10) days and either submits a corrected City ofEden Prairie General Conditions Consultant Agreement February 2001 Page 1 of4 invoice or a statement indicating the original amount is 5.4 City may use the Consultant report in its entirety and may correct. make copies of the entire report available to others. However, City shall not make disclosure to others of any 4.4 Payment is due upon receipt of invoice(or corrected portions or excerpts of a report constituting less than the invoice)and is past due sixty(60)days from invoice date. entire report, or to mislead others by omitting certain aspects On past due accounts,City will pay a finance charge of contained in the report. 1.5%per month on the unpaid balance,or the maximum allowed by law,whichever is less,until invoice is fully 5.5 Consultant will consider Project Information as paid. confidential and will not disclose to third parties information that it acquires, uncovers, or generates in the course of 4.5 If City fails to pay Consultant within sixty (60) days performing the work, except as and to the extent Consultant following invoice date, Consultant may deem the default a may, in its sole discretion, deem itself required by law to breach of its agreement, terminate the agreement, and be disclose. relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LIMITATIONS OF however, will not be relieved of Fee Payment responsibilities by the default or termination of the REMEDIES agreement. 6.1 In the event of a breach of Contract by City, the 4.6 City will be solely responsible for applying for and Consultant shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. 6.2 City will pay all reasonable litigation or collection Consultant may assist City in applying for or meeting expenses including attorney fees that Consultant incurs in notification requirements, however. Consultant makes no collecting any delinquent amount City owes under this representations or guarantees as to what fund agreement. reimbursement City may receive. Consultant shall not be liable for any reductions from reimbursement programs 6.3 If City institutes a suit against Consultant, which is made for any reason by state nor federal agencies,except as dismissed, dropped, or for which judgment is rendered for maybe caused by Consultant's negligence. Consultant, City will pay Consultant for all costs of defense, 4.7 City may withhold from any fmal payment due the including attorney fees,expert witness fees and court costs. Consultant such amounts as are incurred or expended by 6.4 If Consultant institutes a suit against City, which is the City on account of the termination of the Contract. dismissed, dropped, or for which judgment is rendered for SECTION 5: OWNERSHIP OF DOCUMENTS City, Consultant will pay City for all costs of defense, including attorney fees,expert witness fees and court costs. 5.1 Consultant will deliver to City certain reports as 6.5 Dispute Resolution instruments of the professional work or services performed pursuant to this Agreement. All reports are intended solely 6.5.1 Mediation for City, and Consultant will not be liable for any interpretations made by others. All claims,disputes and other matters in question(hereinafter 5.2 City agrees that all reports and other work furnished to "claim")between the parties to this Agreement,arising out of City,or City's agents or representatives,which are not paid or relating to this Agreement or the breach thereof, shall be for, will be returned to Consultant upon demand and will subject to mediation. If the parties have not resolved the not be used by City for any purpose. dispute within thirty (30) days of receipt of a written complaint, each party may require the dispute be submitted 5.3 Unless otherwise agreed, Consultant will retain all for mediation. If the parties are unable to agree on a mediator pertinent records or reports concerning work and services within ten (10) days following a request for mediation, either performed for a period of at least two(2)years after report party may request that a mediator be appointed by the Fourth is submitted. During that time the records will be made Judicial District Court. The parties agree to share equally all available to City during Consultant's normal business fees incurred in the mediation. hours. City may obtain reproducible copies of all The parties shall submit to mediation for a minimum of eight software, manuals, maps, drawings, logs and reports at (8) hours. The parties agree that the mediation proceedings cost, plus 15%, for data and materials not being provided are private and confidential. If, at the end of eight hours of as part of the scope of work for the project. mediation, the parties have not resolved the dispute, the parties may agree to extend hours of mediation. City of Eden Prairie General Conditions Consultant Agreement February 2001 Page 2 of4 36 6.5.2 Arbitration collection may also vary significantly with respect to soil, surface water and groundwater quality at any other given time At the option of the party asserting the same, a claim and for other reasons beyond Consultant's control. between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, whereby 7.3 Consultant will not be responsible or liable for the the party or parties asserting the same claims entitlement to interpretation of its data or report by others. damages or payment of less than $25,000.00 in aggregate may be decided by arbitration in accordance with the SECTION 8: GENERAL INDEMNIFICATION Construction Industry Arbitration Rules of the American Arbitration Association then existing unless the parties 8.1 Consultant will indemnify and hold City harmless from mutually agree otherwise. In the event any person shall and against demands, damages, and expenses caused by commence an action in any court for any claim arising out Consultant's negligent acts and omissions, and breach of of or relating to this Agreement or the breach thereof or the contract and those negligent acts, omissions, and breaches of Project or construction thereof or any contract for such persons for whom Consultant is legally responsible. City will construction, the party making a claim in arbitration may indemnify and hold Consultant harmless from and against dismiss such proceedings (unless the hearing on the claim demands, damages, and expenses caused by City's negligent has commenced)and elect to assert its claim in such action acts and omissions, and breach of contract and those acts, if such party could have done so but for the provisions of omissions, and breaches of persons for whom City is legally this Paragraph. responsible. The parties agree to bear equal responsibility for the fees SECTION 9: INSURANCE/WORKER'S of AAA, including the arbitrator(s). Judgment upon the COMPENSATION award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. • 9.1 Consultant represents and warrants that it has and will In the event that arbitration services are not available from maintain during the performance of this agreement Worker's AAA, either party may request that an arbitrator be Compensation Insurance coverage required pursuant to Minn. appointed by the Fourth Judicial District Court. Stat. 176.181, Subd. 2 and that the Certificate of Insurance or the written order of the Commissioner of Commerce 6.5.3 Compliance permitting self insurance of Worker's Compensation Insurance coverage provided to the City prior to execution of The parties deem the dispute resolution procedure as set this agreement is current and in force and effect. forth herein to be an integral and essential part of this 9.2 Consultant shall procure and maintain professional Agreement. A party's failure to comply in all respects liability insurance for protection from claims arising out of with this procedure shall be a substantial breach of this Agreement. The arbitrator(s) shall be authorized to assess professional services caused by any negligent act, error or costs and attorney's fees against a party that has failed to omission for which Consultant is legally liable. comply with the procedure in all respects, and, may as a condition precedent to arbitration, require the parties to 9.3 Certificate of insurance will be provided to City upon mediate in accordance with Section 6.5.1 hereof. request. SECTION 7: STANDARD OF CARE SECTION 10: TERMINATION 7.1 Consultant's opinions, conclusions, recommendations, 10.1 The agreement between Consultant and City may be and report, if any, will be prepared in accordance with the terminated by either party upon thirty- (30) days written City's Request for Proposal and Consultant's proposal and notice. no warranties,representations,guarantees,or certifications 10.2 If the agreement is terminated prior to completion of the will be made. Except that Consultant warrants that project, Consultant will receive an equitable adjustment of hardware and software will perform as represented in their compensation. proposal and other parts of this agreement. 7.2 Although data obtained from discrete sample locations SECTION 11: ASSIGNMENT will be used to infer conditions between sample locations 11.1 Neither party may assign duties,rights or interests in the no guarantee may be given that the inferred conditions performance of the work without obtaining the prior written exist because soil, surface and groundwater quality consent of the other party, which consent will not be conditions between sample locations may vary unreasonably withheld. significantly, and because conditions at the time of sample City ofEden Prairie General Conditions Consultant Agreement February 2001 Page 3 of4 31- SECTION 12: DELAYS SECTION 17: DATA PRACTICES ACT COMPLIANCE 12.1 If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not 17.1 The Consultant shall at all times abide by Minn. Stat. limited to strikes, riots, fires, acts of God, governmental 13.01 et seq., the Minnesota Government Data Practices Act, actions, actions of a third party, or actions or inactions of to the extent the Act is applicable to data and documents in City, the time for performance shall be extended by a the possession of the Consultant. period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional SECTION 18: DISCRIMINATION charges,if any,due to the delay. In performance of this contract, the Consultant shall not SECTION 13: EXTRA WORK discriminate on the grounds of or because of race, color, creed,religion,national origin,sex,marital status, status with 13.1 Extra work, additional compensation for same, and regards to public assistance, disability, sexual orientation, or extension of time for completion shall be covered by age against any employee of the Consultant, any written amendment to this agreement prior to proceeding subcontractor of the Consultant, or any applicant for with any extra work or related expenditures. employment. The Consultant shall include a similar provision in all contracts with subcontractors to this Contract. SECTION 14: WITHHOLDING TAXES The Consultant further agrees to comply will all aspects of the Minnesota Human Rights Act,Minn. Stat.363.01,et seq., 14.1 No final payment shall be made to the Consultant Title VI of the Civil Rights Act of 1964, and the Americans until the Consultant has provided satisfactory evidence to with Disabilities Act of 1990. the City that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 SECTION 19: CONFLICTS relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy No salaried officer or employee of the City and no member of this requirement. the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision SECTION 15: AUDITS renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 15.1 The books, records, documents and accounting procedures and practices of the Consultant or other parties SECTION 20: ENTIRE AGREEMENT relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State 18.1 This Agreement contains the entire understanding Auditor for a period of six(6)years after the effective date between the City and Consultant and supersedes any prior of this Contract. written or oral agreements between them respecting the written subject matter. There are no representations, SECTION 16: PAYMENT TO agreements, arrangements or understandings, oral or written SUBCONTRACTORS between City and Consultant relating to the subject matter of this Agreement which are not fully expressed herein. 16.1 The Consultant shall pay to any Subcontractor within ten (10) days of the Consultant's receipt of payment from 18.2 The agreement between Consultant and City may be the City for undisputed services provided by the modified only by a written amendment executed by both City Subcontractor. The Consultant shall pay interest of one and Consultant. and a half percent (1-1/2%) per month or any part of a month to a 18.3 This agreement is governed by the laws of the State of Subcontractor on any undisputed amount not paid on time Minnesota. to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than$100.00,the Consultant shall pay the actual amount due to the Subcontractor. City ofEden Prairie General Conditions Consultant Agreement February 2001 Page 4 of 4 3�' Paul J. Bockenstedt Plant/Restoration Mr. Bockenstedt is a Plant/Restoration Ecologist in Bonestroo's Water Resources Ecologist Group. Paul has worked the natural resource field since 1983 and,before joining Bonestroo worked at the Minnesota Department of Natural Resources. ❑Education At Bonestroo Paul identifies, inventories,manages,and restores a wide variety University of Northern Iowa of natural areas. M.A.Biology—2002 Since 1997,Paul has located over 150 previously undocumented rare plant University of Dubuque populations,including numerous county records in Minnesota and Iowa,and a Bachelor of Science, Environmental State Record for sweet coneflower Rudbeckia subtomentosa in Minnesota. Sciences— 1989 ❑ Project Experience ❑Professional Organizations ► Eden Prairie,MN, Bog Monitoring—For a long-term bog monitoring Society for Ecological Restoration project at Bearpath golf course,Wes performed water quality sampling at Natural Areas Association three on-site bogs. Vegetation Management Association ► Eden Prairie, MN—Pax Christi hillside restoration of Minnesota ► Natural Area Inventories—New Market Township, Rochester(3 select Minnesota Native Plant Society areas); Inver Grove Heights; Chaska; Red Wing; Savage;Afton and William Wetland Delineators Association,MN O'Brien State Parks,MN; Roseville; Goodhue County;Savage; Brooklyn Park; Iowa Native Plant Society Red Wing, Lower Wells Creek Watershed, Inver Grove Heights; Chaska; William O'Brien,Afton, Frontenac,and Sakatah Lake State Parks,Minnesota Iowa Prairie Network Wetland inventories—Carver,Rochester,Brooklyn Park,Orono, Illinois Native Plant Society Farmington, Chaska,South Washington Watershed District,William O'Brien State Park, Maple Grove (Met Council) ❑Training ► Botanical (Floristic) Surveys for the Iowa Department of Natural 1987 COE Manual Wetland Resources:Wapsi River Corridor in Clinton and Scott Counties in Iowa,and Delineation Training—Richard Crossman Prairie State Preserve. Chinn Environmental Training ► Monitoring of the Federally Threatened Prairie bushclover Lespedeza Riparian Management,2001 —Iowa /eptostachya in south-central Iowa. State University ► Olmsted County, MN-Roads CIP Natural Areas/Corridors Carexof NW/NC Minnesota: ► Iowa DNR-Wapsipinicon River Corridor Botanical Survey Clinton and Scott Taxonomy and Ecology,2002- Counties, Iowa Bemidji State University ► MN DNR-Lyle-Austin Wildlife Management Area Natural Community Iowa CarexWorkshop, 2002-Iowa Inventory and Rare Plant Search State University ► MN DNR State Parks Natural Community Inventories-Afton,William Plants for Stormwater Design 2003- O'Brien, Frontenac,Nerstrand Big Woods,and Sakatah Lake State Parks,MN MN Erosion Control Assoc./MN ► Goodhue County, MN—Project Manager and primary field biologist for Pollution Control Agency countywide inventory of natural communities, rare plants,and sensitive resources ► Silver Bay,MN—Old-growth Pine Forest Assessment ► Eden Prairie,MN—Bog/Poor Fen Monitoring ► Roseville, MN Parks-Comprehensive Natural Resource Management Plans for natural areas within five city parks ► Prescribed fire effects monitoring using NPS Rx 80 methodology— Minnesota Valley State Recreation Area,and Great River Bluffs State Park, MN ► MN DNR—Prairie Stewardship Planning Assistance,inventory of prairie and creation of management plans for private landowners throughout the New Prague, MN-Wetland delineation review as LGU ► MN DNR-Ft. Ridgely Golf Course Redesign ► Rochester,Brooklyn Park, Orono,Farmington, Chaska,South Washington Watershed District,and William O'Brien State Park MN—Wetland inventories fill Bonestroo ► Orono,Farmington, Chaska and South Washington nonTil An a e rl k& County Watershed,MN—Wetland inventories Associates 3/ Engineers&Architects Elizabeth R. Gould Botanist/P/ant Ms. Gould joined Bonestroo's Water and Natural Resources Group in 2001, Ecologist with experience in natural resource inventories and plant taxonomy. She has worked as a natural resource ecologist in the private sector; in a laboratory specializing in environmental and restoration research; and as a natural history ❑Education educator. At Bonestroo, Liza specializes in natural resource inventories,T&E University of Minnesota Bachelor species work, Minnesota Land Cover Classification System (MLCCS)mapping, of Science,Plant Biology— 1997 and related GIS/mapping projects. ❑ Professional Organizations ❑ Project Experience Minnesota Native Plant Society Society for Ecological Restoration P. Eden Prairie, MN, Bog Monitoring—For a long-term bog monitoring Wisconsin Wetlands Association project at Bearpath golf course,Wes performed water quality sampling at three on-site bogs. Wetland Delineators Association ► Afton, MN—State Park Natural Resource Inventory Vegetation Management Association ► Sakatah Lake State Park—State Park Natural Resource Inventory of Minnesota ► Nerstrand Big Woods State Park—State Park Natural Resource Inventory Iowa Native Plant Society and Management Plan Prairie Enthusiasts ► Elko-New Market Township,Scott County MN—Natural Resources 0 Training Inventory and MLCCS Mapping ► Hennepin Conservation District—City of Independence Township wide Introduction to ArcVIEW 3.x,2001 Natural Resource Inventory and MLCCS Mapping Microsoft Access,2003 P. Hennepin County Department of Environmental Assistance—Natural MnRAM for Wetland Assessment, Resource Inventory and MLCCS mapping for 5 Townships/18 Cities in version 3.0,2003 Hennepin County 1987 COE Manual Wetland P. Metropolitan Council—Botanical and small mammal survey for Hastings Delineation Training, MN Board of Wastewater Treatment Plant Site Water and Soil Resources, 2001 ► Trunk Highway 38 between Grand Rapids and Effie—Rare species MLCCS Training, Bart Richardson MN search/relocation project and wetland delineation DNR 2002 ► Roseville, MN—Natural Resources Inventory and MLCCS Mapping Minnesota Asters and Goldenrods ► Chequamegon National Forest,WI—Rare plant search for Great Lakes workshop: Maplewood Nature Gas transmission line: 2001 and 2002 recoat projects Center,2001 • Mille Lacs, MN—Rare plant search for Wealthwood Estates Iowa CarexWorkshop,2002-Iowa ► Prairie Stewardship Planning Assistance—For private landowners in State University southern and eastern Minnesota Carexof North-western&North- ► Maplewood, MN—Beaver Creek Corridor: Natural Resource Inventory and central Minnesota,2002—Bemidji Management Plan,with MLCCS coverage, as part of the requirements for a State University DNR Conservation Easement Grasses of Minnesota's Northern ► Kingswood Camp—Natural Resource Inventory and Management Plan, Forests and Prairies.2003—Bemidji State University completed as part of a DNR conservation easement ► Hasenbank Woods—On the ground restoration services ► Farmington, MN—Wetland Inventory and Assessment ► Carver, MN—Wetland Function and Value Assessment ► Forest Lake, MN, 2020 MUSA—Wetland Function and Value Assessment ► Trunk Highway 38 between Grand Rapids and Effie, MN—Wetland Delineation and Rare Plant Survey ► Scandia Township Road Resurfacing Project—Wetland Delineation P. Stillwater, MN McKusick Lake Diversions—Wetland Delineation P. Corcoran, MN—Wetland Delineation ► Chaska, MN—Wetland Delineation P. Elm Creek Interceptor—Wetland Delineation ► St.Joseph, MN—Wetland Delineation, for Arcon Development Bonestroo ► Farmington, MN,City Open Space—Wetland Delineation Rosene Anderlik& *While employed by others Associates Engineers&Architects Richard G. Brasch Project Manager Mr. Brasch is a Water Resources Management Specialist in Bonestroo's Water Resources Group. He has been professionally involved in water resources 0 Education management for more than 23 years in the states of Minnesota,Wisconsin,and University of Wisconsin—Madison Montana at both the state and local level. His breadth of experience covers Master of Science,Water Resources water quantity and quality management in rivers, lakes,streams and wetlands Management— 1978 in both urban and rural settings. Rich specializes in stormwater quality management, lake rehabilitation,and wetland protection. His responsibilities ❑Professional Organizations include leading projects aimed at maintaining or improving the quality of these North American Lake Management resources,emphasizing pragmatic methods through which local governments Society can achieve cost-effective, on-the-ground results. ❑ Water Quality/Quantity Projects Rich has managed numerous projects during his career in water resources management. Examples include: ► Eden Prairie,MN Bog Monitoring—For a long-term bog monitoring project at Bearpath golf course,Wes performed water quality sampling at three on-site bogs. ► Plymouth, MN—Provided technical guidance and project management for the water quality portion of a project to provide an overall stormwater management plan for almost 2,000 acres of this rapidly growing Twin Cities community. ► Roseville, MN—Rich was part of a three-person team hired by the City to develop natural resource management plans for six City parks within Roseville. His portion of the project focused on Bennett Lake and Langton Lake and involved review and interpretation of existing data, collection of new field data to fill important information gaps,development of watershed and in-lake models,assessment of management options,and development of a management recommendations for each lake. ► Wayzata, MN—Managed project to create a stormwater quality and wetlands management plan for the City. ► Minnehaha Creek Watershed District—At the request of the District's Executive Director, Rich reviewed and critically evaluated the monitoring program for the Lake Minnetonka watershed. The review included water quality data collection and analysis/interpretation insights on the most important uses of the data to manage the resource. ► Rochester, MN,Cascade Lake Park Plan—Rich acts as both project manager and water quality management specialist for this project,which involves development of a master plan for the creation of a 100-acre lake and a 200-acre community park that will be a centerpiece of the City of Rochester's park system. IABonestroo llli0 Rosene 11 Anderlik& Associates *While employed by others y I Engineers&Architects CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 18,2004 DEPARTMENT/DIVISION: Public Works ITEM DESCRIPTION: (LC.#04-5627) Proposal to Provide a Goose Management ITEM NO.: Leslie Stovring Plan �r . Eugene Dietz Requested Action Move to: Approve proposal from The Canada Goose Program,Inc.to prepare a Goose Management Plan for the City at an estimated cost of$9,416. Synopsis The Goose Management Plan is intended to provide the City with data to evaluate and analyze trends in goose populations within the City and to assist in determining future or potential goose management needs. Background The City has contracted for goose management services since 1989. However, the distribution or density the goose population within the City has not been surveyed. The intent of this project is to review known goose complaints and pond data with a result of surveying approximately 100 sites in the field. The primary focus will be on publicly-owned properties. Privately-owned properties will only be assessed if they are within known damage areas adjacent to or within reasonable distance for grazing from public properties. It is anticipated the Plan will be completed in June 2005. Sites will be evaluated for shoreline erosion, goose dropping density,traffic hazard potential, health concerns, garden damage, decreased water quality and accessibility to children among others. The survey methodology proposed for the 2004-2005 season is to provide: • Areas which provide good or exceptional goose breeding,brood-rearing or fall-grazing habitat. • Breeding and brood-rearing location map,for both current and potential sites • Problem site map, summarized by type of damage • Summary of data collected on known damage sites • Photographs of each sample point • Goose management policies for public and private sites • Damage threshold levels (i.e.Number of geese in relation to types of damage) • Summary of actions homeowner's can take to alleviate goose encroachment or damage City staff will accompany the Consultant during some of the field surveys to evaluate and learn basic field survey techniques used to identify goose habitat. Requests for Proposals were sent to 19 firms. Bids were received from two companies and ranged from $9,416 from The Canada Goose Program(CGP)to$23,100 from Short Elliot Hendrickson(SEH). Dr. Jim Cooper from CGP has over 20 years of experience in goose management. His clients include cities such as Burnsville,Bloomington, Chanhassen and Minnetonka among many others. The Draft Local Water Plan has a proposed budget of$10,000 from the Stormwater Utility Fund. Attachments • Proposal for The Canada Goose Program dated April 28, 2004. THE C. kNADA GOOSE PROGRAM Dedicated to Urban Canada Goose Research and Management ,:+5, :: Wednesday, April 28, 2004 Ms. Leslie Stovring: Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Ms. Stovring: I am responding to the City of Eden Prairie' s RFP for a Canada goose damage survey and management plan. The enclosed proposal replaces the one dated 3/24/2004 that was mailed before the RFP was distributed. The Canada Goose Program, Inc. has extensive experience with Canada goose population surveys, goose damage assessment, goose management, and goose removal. To date, my staff and I have provided these services at reasonable costs to more than 50 Twin Cities Metropolitan Area cities, counties, and corporations. Currently, we are the only Minnesota firm meeting the Department of Natural Resources' Canada Goose Contractor Requirements. The resumes of the staff who will work on your project if we are awarded the contract are enclosed. I appreciate the opportunity to assist the City of Eden Prairie with goose management and look forward to working with you and your staff. Sincere). r Dr. 4im Coo Dir&tor of The Canada Goose Program Professor Emeritus, University of Minnesota Enclosures 2195 Dudley Ave. St. Paul, MN 55108 651-644-6206 y3 RFP PROPOSAL Eden Prairie Canada Goose Management Plan Prepared by: Dr. Jim Cooper, Director of the Canada Goose Program and Professor Emeritus University of Minnesota, 2195 Dudley Ave. , St. Paul, MN 55108 (651-644-6206 jacooper@umn.edu) Background: Once absent from much of it former range, the Canada goose is now found in most North American cities (Ankney 1996, Cooper and Keefe 1997) . Because the species concentrates in flocks, feeds on grass, and leaves copious droppings on walks, lawns, beaches, golf courses, etc. , the bird is often in conflict with humans (Cooper 2001a) . While there are a variety of methods to discourage geese (Smith et al . 1999) , the most effective method of management is a summer trap and removal program (Cooper 2001b) . The Canada Goose Program proposes to assist the City of Eden Prairie, Minnesota with a Canada goose survey and the development of a goose management plan. Steps in this process include: • Ranking of Eden Prairie wetlands and lakes by goose nesting, broodrearing, and fall grazing quality. • Identification of goose damage sites from existing databases ♦ Field surveys of 100 wetlands including known goose damage sites and the highest quality goose broodrearing sites ♦ A telephone survey of potential fall grazing damage sites followed by a field assessment of those with reported damage ♦ Preparation of a goose management plan/report • Training of City staff to assess Canada goose damage sites • A summary of actions homeowners can take to reduce goose habitat The Canada Goose Program, Inc. 1 Tasks Goose Habitat Ranking The likelihood of Canada geese using a given site can be ranked based on the presence and juxtaposition of certain landscape features. Nests are usually found in "moat-like" sites where elevated nests sites are surrounded by open water. Water bodies with islands or expanses of emergent vegetation such as cattail supporting muskrat lodges are most often used for nesting, whereas, small (<0.5 acre) marshes surround by mature trees or densely covered by emergents are avoided. During the summer broodrearing period, goose families prefer wetlands with shorelines in mowed grass, pasture, or crops with no physical barrier restricting movement between the upland and water. Once flying in late summer and fall, Canada geese prefer large (>10 acres) areas of open grass or cropland for grazing. In cities, golf course, athletic fields, and airports are frequently used. Recent aerial photos or satellite images with 2-4 meter resolution can be used by a trained biologist to rank potential goose use of a location for nesting, broodrearing, and fall feeding. The criteria that will be used in this project are found in Appendix A. However, geese are highly social birds that have selective habitat use patterns (Schultz et al. 198, Cooper 1983) . This means certain locations may have all of the landscape features for high goose use but may be used little or not at all. Certain large expanse of turf may be used repeatedly within and between years, while another may not, thus field surveys are necessary to determine actual goose use. Identification of goose damage sites The Minnesota Department of Natural Resources (MNDNR) , the University of Minnesota Extension Service (LIMES) , and the Canada Goose Program have maintained records of goose damage reports in Minnesota. The current Canada Goose Program database contains both MNDNR and UMES records for the Twin Cities plus miscellaneous reports since 2000. This database will be searched for Eden Prairies locations and the City will be asked to provide information on additional sites if any. Locations lacking damage reports but included in the field survey will be assessed for damage. The Canada Goose Program, Inc. 2 y5 Field survey Eden Prairie sites where goose damage has been reported will be visited during the season of damage--summer or fall but not spring because of the 12/15/2004 project deadline. All other sites selected will be field surveyed in summer or summer and fall. The rationale behind this approach is based on the fact that most goose damage complaints are in summer (93%) or fall (6%) (Cooper and Keefe 1997) , with the further caveat that there are no viable nesting habitat management options (Cooper 1998) . If any locations are found to have both summer and fall damage, these will be surveyed during both seasons. Because flying geese in fall use areas lacking water bodies, the managers of likely goose grazing sites, for example golf courses, athletic fields, and large parks, will surveyed by phone. Locations where geese are reported to be doing damage will be surveyed in the first two weeks of October. Data collected at each damage site will include: ♦ Location (GPS coordinates plus street address [es] ) ♦ Breeding, broodrearing, and/or fall habitat and ranking ♦ Actual or potential damage types, areas, and ranking ♦ Human use class (es) ♦ Shoreline character and expanse of shoreline turf ♦ Goose count or goose-use sign (old and new droppings, and primary feathers) ♦ Current goose management deterrents, e.g. fences, goose tape, flags, etc. ♦ Photographs of representative habitat and damage will be taken at each location. The photos will be 1-MB color jpeg files Goose management plan/report. After the last survey in October, the data will summarized and a draft report submitted by the last week of November 2004 . The report will contain: ♦ A map of the location survey ♦ A map of current and potential broodrearing sites, and potential nesting sites. [note current breeding sites cannot be determined without surveys in March-May, 2005] The Canada Goose Program, Inc. 3 ♦ A damage site map and a table summarizing the types of damage • Summaries of data collected at the damage sites • Photographs of representative habitat and damage at each location. [note areas rather than points will be sampled] ♦ Goose management policies of State and Federal agencies regarding goose management, and recommended Eden Prairie policies for public and private sites [note current wildlife management agency policies are too broad to use for public and private sites within a city; it will be necessary to develop Eden Prairie policies and because the goose program has assisted other cities with this task, we will recommend policies for consideration] The RFP calls for the report to contain "damage threshold levels (i.e. number of geese in relation to types of damage) " . Data of this kind does not exist in the literature except for Cooper and Keefe' s (1997) estimates of threshold by site types based on 16 years of data collection. To determine how many geese would be tolerated at specific site, a park for example, park users would have to be randomly interviewed during the damage period. And because folks tend to estimate bird numbers inaccurately and by digit-biased classes of 25, 50, 100, etc. it would be necessary to count the geese encountered during each visit to standardize the response. Similarly, measurement of the impact on water quality would require an intensive measurement of goose use of a water body, water volume and turnover rate, etc. In a recent study we conducted on homeowners ' tolerance of geese in a single Lake Minnetonka neighborhood, we spent $9, 000 on goose monitoring and resident interviews. However, if the City wishes to pursue this subject, we have the expertise to design and conduct such an investigation. An alternative would be to propose goose population management goals similar to those adopted by the City of Burnsville and to hold a public meeting for resident input regarding minimum goose population levels . Training of City staff The Goose Program will train up to three city staff to do Canada goose damage assessment, but not goose habitat assessment. The latter requires an in depth understanding of goose behavior and ecology and a minimum of five years of experience working with geese. Home and Business Owner's Guide to Reducing Goose Damage The Canada Goose Program, Inc. 4 Home and business owners can reduce goose damage by such actions as allowing turf shorelines to return to native vegetation, fencing, use of safe chemicals, dogs, etc. These will be summarized in a "Home and Business Owner' s Guide to Reducing Goose Damage" section of the report and will be based on research conducted by the Goose Program and others. Project Summaries. Project summaries will accompany each invoice. Each summary will detail the amount billed_to date, tasks completed and needing completion, estimate of cost to do the latter, and a project completion timeline. Information needed from the City: ♦ Any Canada goose damage reports in the city files, including information on known damage sites as well any new locations identified during the project period. ♦ GIS files or printouts at 4-meter resolution of all water bodies including storm water ponds and wetland whether classed by the other non-MNDNR classified wetlands >0 .1 acres with City ownership boundaries. [note that the RFP calls for a 0 .5 acres area minimum but geese are known to use storm water ponds as small as 0 .1 acre] ♦ If available, GIS data or maps of all Eden Prairie park, athletic fields, beaches, schools, day cares, nursing or eldercare facilities, and golf courses. The Canada Goose Program, Inc. 5 lgj Budget: Staff consulting with city staff 10 hr @$150 $1, 500 Staff consulting with PRNR Commission 2 hr @$150 300 Goose damage database review 2 hr @ $50 100 Goose Survey GIS preparation 16 hr @ $50 800 Goose Surveys 80 hr @ $50 4, 000 Goose damage survey data compilation 4 hr @ $50 200 Report preparation 8 hr @ $150 600 Report printing (2 draft and 3 final $20 per report) 100 City staff training 4 hr @ 150 600 Travel 1, 000 miles @ $ 0 .36/mile 360 Overhead (Insurance, office supplies, etc. 856 Total $9, 416 Proposal period and approval: This proposal is valid for 90 days. Approved: Date: 4/27/2004 Dr. Ji Cooper Direct The Canada Goose Program, Inc. 6 J9 Selected Canada Goose Bibliography: AGUILERA, E. 1989. An evaluation of two hazing methods for urban Canada geese. MS Thesis, Colorado State Univ. , Fort Collins. 18pp. ANKNEY, C.D. 1996. An embarrassment of riches: too many geese. J. Wildl. Manage 60: 217-223 . BELANT, J. , T.W. SEAMENS, L.A. TYSON, AND S.K. ICKES. 1996. Repellency of methyl anthranilate to pre-exposed and naive Canada geese. J. Wildl. Mange. 609 :923-928. BELLROSE, F.C. 1976. Ducks, geese, and swans of North America. Stackpole, Harrisburg, PA, 544pp. BLANDIN, W.W. AND H.W. HEUSMANN. 1974. Establishment of Canada goose populations through urban gosling transplants. Trans. Northeast Sect. Wildl. Soc. 31:83-100 BROWNIE, C. , D.R. ANDERSON, K.P. BURNHAM, AND D.S. ROBSON. 1978. Statistical inference from band recovery data- a handbook. U.S. Fish Wildl. Serv. Resour. Pubi. 131. 212pp. CHRISTENS, E. , H. BLOKPOEL, G. RASON, AND S.W.D JARVIE. 1995. Spraying white mineral oil on Canada goose eggs to prevent hatching. Wildl. Soc. Bull. 23 :228-230. CONOVER, M.R. 1985. Alleviating nuisance Canada goose problems through methiocarb-induced aversive conditioning. J. Wildl. Manage. 49:631-636 CONVERSE, K.A. AND J.J. KENNELLY. 1994. Evaluation of Canada goose sterilization for population control. Wildl. Soc. Bull. 22:265-269 . COOPER, J.A. 1978. The history and breeding biology of the Canada geese of Marshy Point, Manitoba. Wildl. Monogr. 61. 87pp. COOPER, J.A. 1987a. The effectiveness of translocation control of Minneapolis-St. Paul Canada goose populations. Pages 169-172 in Adams, L.W. and D. L. Leedy, Eds. Integrating man and nature. Proc. Natl. Symp. In Urban Wildl. Natl. Inst. for Urban Wildl. , Columbia, MD. The Canada Goose Program, Inc. 7 50 COOPER, J.A. 1987b. The Canada goose and its management. Minnesota Out-of-Doors, 33 :16-19 . COOPER, J.A. 1991. Canada goose management at the Minneapolis- St. Paul International Airport. Pages 175-183 in Adams, L.W. and D. L. Leedy, Eds . Wildlife Conservation in Metropolitan Environments . Proc. Natl. Symp. on Urban Wildl . Natl. Inst. for Urban Wildl. , Columbia, MD. COOPER, J.A. 1998 . Habitat management as an urban Canada goose control procedure. 18th Vert. Pest Control Conf. Proced. 18 :18-25 COOPER, J.A. 2001a. (In Press) Population ecology of the Twin Cities Canada geese. Proc. First Urban Canada Goose Conf. Toronto Zoo. COOPER, J.A. 2001b. (In Press) Canada goose damage and population management in the Twin Cities of Minnesota. Proc. First Urban Canada Goose Conf. Toronto Zoo. COOPER, J.A. AND R.D. SAYLER. 1974. A study of the ecology of urban nesting Canada geese: first annual report. Dept. Ent. , Fish, and Wildl . , Univ. Minn. , St. Paul, MN. 16 pp. COOPER, J.A. AND T. KEEFE. 1997. Urban Canada goose management: procedures and policies. N. A. Wildl . and Nat. Res. Conf. Trans . 62 :412-430 COOPER, J.A. , K. DONCARLOS, AND D. SIMMONS. In Press . Persistence of lead in Canada geese following a sub-lethal dose of lead shot. MNDNR Research Reports. COWARDIN, L.M. , V. CARTER, F.C. GOLET, AND E.T. LAROE. 1979. Classification of wetlands and deepwater habitats of the United States . U.S. Fish and Wildl. Ser. Biol. Serv. 109 pp. CUMMINGS, J.L. , J.R. MASON, D.L. OTIS, . AND J.F. HEISTERBERG. 1991. Evaluation of dimethyl and methyl anthranilate as a Canada goose repellent on grass. Wildl. Soc. Bull. 19 :184- 190 . DILL, H.H. AND F.B. LEE, Eds . 1970 . Home grown honkers. U. S. Dept. Inter. , Fish and Wildl. Serv. , Washington, D. C. 154pp. The Canada Goose Program, Inc. 8 S � DOLBEER, R.A. , T.W. SEAMANS, B.F. BLACKWELL, AND J.L. BELANT 1998. Anthraquinone formulation (Bird Flight ControlTM) shows promise as avian feeding repellent. J. Wildi. Manage. 62:1558-1564. FEARE, C.J. , M.F. SANDERS, R. BLASCO, AND J.D. BISHOP. 1999. Canada goose (Brenta canadensis) droppings as a potential source of pathogenic bacteria. J. Royal Society Promotion of Health 119 :146-155. GARNER LEE LIMITED. 1997. A strategy for the management of the Canada goose in the .Greater Toronto bioregion. Garner Lee Limited, Markham, Ontario, 18pp. GOSSER, A.L, M.R. CONOVER, AND T.A. MESSMER. 1997. Managing problems caused by urban Canada geese. Berryman Institute Research Publication 13, Utah State University, Logan, 8pp GRANDY, J.W. AND J. HADIDIAN. 1997. Making our peace with Canada geese. HSUS News Spring 1997, Humane Society of the U.S. , Washington DC. HAWKINS, A.S. 1970. Honkers move to the city. Pages 120-130 in H.H. Dill and F.B. Lee, Eds. Home grown honkers. U. S. Dept. Inter. , Fish and Wildl. Serv. , Washington, D. C. 154pp. JOHNSON, R. 1994. A long range plan for the management of Canada geese in the metro region. Unpubl. Rep. Division of Wildlife, MNDNR, St. Paul, 17pp. KEEFE, T. 1996. Feasibility study on processing nuisance Canada geese for human consumption. Minn. Dept. Natur. Resour, St. Paul, MN 17pp. MANNY, B.A. , W.C. JOHNSON, AND R.G WETZEL. 1994. Nutrient additions by waterfowl to lakes and reservoirs: predicting their effects on productivity and water quality. Hydrobiology 279/280:121-132 . MARTZ, J. , L. POSPICHAL, AND E. TUCKER. 1983 . Giant Canada geese in Michigan: experiences with relocations and nuisance management. Page 57-59 in M.A. Johnson, Ed. Transactions of the Canada goose symposium. North Dakota Chapter of The Wildlife Society. The Canada Goose Program, Inc. 9 5L MINNESOTA DEPARTMENT OF NATURAL RESOURCES. 1994 . Urban Goose Management Program-Capture, Holding, and Relocation of Giant Canada Geese Alternative Environmental Assessment Worksheet, 10 April 1994 and subsequent Finding of Fact, Conclusions, and Order, 13 June 1994. MNDNR, St. Paul, MN. MOTT, D.F. AND S.K. TIMBROOK. 1988 . Alleviating nuisance Canada goose problems with acoustical stimuli. Proc. Vertebr. Pest Conf. 13 :301-304 . PALMER, R.S. 1976. Handbook of North American Bird: Vol . 3 . Waterfowl Part 2 . Yale Univ. Press, New Haven, 560pp. ROBERTS, T.S. 1932 . Birds of Minnesota. Univ. Minnesota Press, Minneapolis . SAYLER, R.D. 1977 . Breeding ecology of the Twin Cities, Minnesota, metropolitan Canada geese. MS Thesis, Univ. Minn. , St. Paul, MN 61pp. SHERWOOD, G.A. 1968. Factors limiting production and expansion of local populations of Canada geese. Pages 73-85 in R. L. Hine and C. Schoenfeld, Eds. Canada goose management: current continental problems and programs. Dembar Educ. Res . Serv. , Madison, Wis. 195pp. SMITH, A.E. , S.R. CRAVEN, AND PD. CURTIS. 1999 . Managing Canada geese in urban environments. Jack Berryman Institute Publ . 16, and Cornell University Cooperative Extension, Ithaca, N.Y. , 42pp. SWANSON, E.B. 1940 . The use and conservation of Minnesota game 1850-1900 . Ph.D. Dissertation, Univ. Minnesota, Minneapolis, 294pp. ULRICH, R.S. 1983 . Aesthetic and affective response to natural environment. Pages 85-125 in Altman, I. and J.F. Wohlwill, eds. , Behavior and the natural environment. Plenum, N.Y. 346pp. ULRICH, R.S. 1986. Human response to vegetation and landscapes. Landscape and Urban Planning 13 :29-44. WILLIAMS, C.S. 1967 . Honker: a discussion of the habits and needs of the largest of our Canada geese. D. Van Nostand, Princeton, NJ, 179pp. The Canada Goose Program, Inc. 10 53 ZENNER, G. , Ed. 1996. Mississippi Flyway giant Canada goose management plan. Miss. Flyway Council, Iowa Dept. Nat. Resour. , Des Moines, IA 62pp. ZICUS, M.C. 1981a. Molt migration of Canada geese from Crex Meadows, Wisconsin. J. Wildl. Manage. 45 : 54-63 . ZICUS, M.C. 1981b. Canada goose brood behavior and survival estimates at Crex Meadows, Wisconsin. Wilson Bull. 93 :207- 217 . The Canada Goose Program, Inc. 11 Appendix A. Criteria used for ranking wetlands and fields for Canada goose nesting, broodrearing, and fall u Rank Nesting Broodrearing Fall Grazing Excellent Presence of earthen or floating Expanse mowed grass or soybeans Large mowed turf area lacking islands, human-made nest (50%+)immediately adjacent to woody vegetation, immediately structures, watershed rarely lake or type 5 wetland, no barrier adjacent to lake or type 4-5 subjected to flooding between water and upland, island, wetland, no shoreline barrier, peninsula or other loafing site presence of a loafing site High Presence of emergent fringe Shoreline 25-50% grass, mature Large mowed turf or agricultural that will support muskrats, trees that shade grass, limited area lacking woody vegetation, narrow peninsulas loafing sites no wetland area Moderate Presence of woody vegetation Partly wooded with mature trees Large mowed turf area with that will support beaver, low with less than 25% shoreline in mature trees and 100% ice-pushup hummocks, grass, no islands, subemergents barrier or no wetland area Ut flooded frequently (3-5 years) present Low Mature trees with limited Large (>2 acres) with mature Small turf area (<1 acre) with sites for nests at the base, woods, no island or subemergent with water or a large unmowed isolated from other wetlands, plants, heavily shaded grass turf area with no water flooded frequently (3-5 years) Unlikely Bare, low grass, densely Small (<2 acre) densely wooded, Wooded area with no grass or wooded shoreline, or flooded lacking grasses wetland annually Appendix B. Types of Canada goose classes to be used in this project. Damage to grass Decreased water quality Road traffic hazard Droppings on residential yard Droppings on playground/field Droppings on public park Damage to gardens Droppings on golf course . Attacking people Droppings on commercial Droppings on swimming beach Shoreline erosion Health concerns day & elder care Appendix C. Goose-use site human use classes. Airport Golf course Ballfield Lawn Beach Park Boat launch Playground City facilities Picnic area Commercial Residential-apartments Day care Residential-homes Dock Shoreline restoration Elder/assisted care Traffic/nearby street Garden The Canada Goose Program, Inc. 13 56 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 18,2004 DEPARTMENTIDIVISION: ITEM DESCRIPTION: (I.C.#04-5626) Public Works ITEM NO.: Leslie Stovring Proposal to Provide Aquatic Plant Surveys Eugene Dietz `&` Requested Action Move to: Approve proposal from Blue Water Science to conduct Aquatic Plant Surveys for selected lakes at an estimated cost of$23,900. Synopsis The aquatic vegetation inventory for selected lakes within the City will include surveys to provide the City with data to evaluate and analyze trends in aquatic vegetation to assist in determining future or potential treatment needs. In addition,the surveys are to evaluate each selected lake for the presence or absence of invasive species such as curlyleafpondweed and Eurasian watermilfoil,delineate the distribution of aquatic plants,and quantify existing aquatic plant densities to serve as a benchmark for future reference. Background The City has contracted aquatic plant inventories for lakes within the City since 1988. However, past surveys only identified which plant species were dominant within the lake. The surveys were useful tools for identifying when invasive species such as curlyleafpondweed first appeared in local lakes. For example, curlyleafpondweed was first identified in Round Lake in 1992. However,the surveys did not delineate the distribution or density of invasive or native species within the lake. The survey methodology proposed for 2004 and the future is proposed to provide: • Quantitative data to measure plant distribution and abundance that can be used for statistical analysis over time. • Information on the density or nuisance factor for individual species. • Baseline information for determiningthe success of plant management projects. Lakes included in the aquatic vegetation survey proposal included Anderson (northwest and southwest), Duck,Mitchell,Red Rock,Smetana and Staring. Round Lake and Bryant Lake were removed from the bid as the watershed districts will be sampling those lakes in 2004. The aquatic plant inventories for Anderson Lakes will also be conducted to provide baseline information for a proposed future aquatic plant management study to restore native habitat to the lake system. The Three Rivers Park District has requested the City to partner with this project. The Nine Mile Creek Watershed District has also expressed interest in working with this project as it unfolds. The survey for Anderson Lakes will include submerged species as well as shoreline species to provide a better picture of the whole lake habitat. Bids were received from four companies. The bids were $49,068 to $63,602 from Barr Engineering, $37,600 from STS Consultants,$25,220 from Wenck Associates and$23,900 from Blue Water Science. Mr. Steve McCormas from Blue Water has over 25 years of experience in aquatic plant inventories. His clients include cities such as Chanhassen,Lakeville,Burnsville and Plymouth. The Draft Local Water Plan has a proposed budget of $27,000 for the Anderson Lakes and Aquatic Plant Inventory projects from the Stormwater Utility Fund. Attachments • Proposal for Blue Water Science dated April 19,2004. CITY COUNCIL AGENDA DATE: May 18, 2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5527 ITEM NO.: Engineering Services Approve Plans and Specifications and Order Randy Newton Advertisement for Bids for the TH 212/Prairie Center Drive Intersection Improvement Project. Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for I.C. 01-5527, TH 212 / Prairie Center Drive Intersection Improvement Project. Synopsis With the assistance of SRF Consulting Group, Inc. the Engineering Division has prepared plans and specifications for the TH 212 / Prairie Center Drive Intersection Improvement Project. The project will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. Background Information In April 2003, the City Council approved the Professional Services Agreement for the final design of the TH 212 / Prairie Center Drive Intersection Improvement Project. The final design work has recently been completed and the project is ready for construction. The TH 212/Prairie Center Drive project will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. The importance of this intersection to the City's transportation system along with the problems associated with its poor operation make its improvement one of the highest priorities in our system. Financial Implications The engineer's construction cost estimate for the project is $1,535,000. Through the Municipal Agreement Program Mn/DOT is contributing $500,000 towards the construction costs. The City of Eden Prairie is responsible for the remainder of the construction costs ($1,035,000). The City costs are anticipated to come from the Major Center Area Construction Fund. -Jo U 651.690.9602 550 South Snelling Ave (fax) 690.9602 St. Paul, MN 55116 ::: ;�--:w7/.`� - mccomas@pclink.com • Aquatic Plant Surveys for the City of Eden Prairie Date: April 19, 2004 To: Leslie Stovring, Environmental Coordinator Eden Prairie From: Steve McComas, Blue Water Science As lake management and restoration practices evolve, we are finding that aquatic plant management plays a critical role in sustaining good long-term water quality. The basis for aquatic plant management is having good aquatic plant surveys available. Steve McComas and Blue Water Science is at the forefront of this exciting, evolving area. We "wrote the book" on how to increase desirable, native aquatic plants as well as how to manage nuisance exotic plants (Lake and Pond Management Guidebook, 2003, Steve McComas, author). Blue Water Science is a small firm of two highly experienced aquatic scientists, but has big firm capabilities. For example, we conducted over 50 aquatic plant surveys last year and managed numerous aquatic plant management programs in Minnesota and Wisconsin. The advantage of a small firm is the project manager, who is a senior scientist, is also your project scientist. You will be assured of the most qualified personnel are working on your project. For the Eden Prairie Aquatic Plant Surveys, Steve McComas (27 years of experience) is the project manager. Jo Stuckert, an aquatic scientist with 14 years of experience, will assist in report preparation and production. Thank y u, 6AA610 141 ivall Steve McComas 5 Project Approach and Reports Project Approach Number of sites: The number of sample sites that will be established in each lake are shown on a chart on the next page. Although a minimum of 70 points per lake are recommended several of the small lakes will have less than 70 points, but will have sufficient sampling to characterize the aquatic plant community. The number used considers known information on how diverse the lake plant community is and the abundance of known species. Sample site placement method: Sample site placement method will more than likely be a transect-based system. If the lake has plants growing throughout the basin, a point-intercept method will be employed. Sample site data collection method: The following minimum information will be collected at each sampling location. Methods for collection of each type of data are shown in parentheses. • Water depth (sonar) • Plant species present (sampled with a rakehead.) • Number of samples taken (4 samples per depth will be taken and then averaged for that depth and three depths per transect will be sampled) • Plant height (sonar and calibrated pole) • Plant"cover". (Although true cover estimates may be difficult from a boat the survey results should at a minimum note "matted" areas vs. sparse vegetation; or some similar descriptive estimate. We will use photographs to help explain the density measurement system.) • Sample point location method. (Transect or point locations will be mapped and GPS locations will be provided to allow for future sampling in the same locations. A hand- held Lowrance GPS unit, with an accuracy of 3±meters will be used.) Special attention will be given in areas were milfoil is known to occur or is commonly found in lakes. This would include boat landings, inflow areas, and the north side of each lake (prevailing southernly winds blow fragments to the north side of lakes). All aquatic plant taxa located will be identified to the lowest possible taxonomic level (typically at species level). Voucher specimens (pressed, dried, and labeled) will be provided for plants not identified to species level or for difficult to identify taxa located in each lake. Nomenclature will follow Hellquist and Crow (2000). Aquatic Plant Reports Report Content: A summary report will be provided that summarizes results and conclusions of the plant surveys for each lake. Each report will include aquatic plant maps showing plant species distribution based on the field evaluation. The distribution of floating leaf species and in- lake emergents such as bulrush and arrowhead as well as invasive species such as curlyleaf pondweed and Eurasian watermilfoil must be mapped and included in the report. Tables showing plant densities and percent occurrence of all submerged aquatic plants will also be provided. Final Report: We will prepare 3 copies of a final report for each lake. All data will be supplied in Microsoft Excel. The report will be provided in a Microsoft Word file. Maps will be provided in ArcView or Adobe Acrobat. If the maps are provided in Adobe Acrobat, the location data will be submitted in Excel so that the data can be transferred into ArcView in the future. Samples Points and Cost Proposal Lake Approx. Spring Survey Method Survey Fall Report Total Lake Area (Both 1 and 2 must be Cost Survey Cost Cost (acres) included) Cost 1. Transect 2. Point or Jessen- Intercept Lound Method Method (Estimated (Estimated Number of Number of Points) Transects and Points)* Anderson 185 25 transects 100 1,900 1,900 500 4,300 - NW 75 points Anderson 110 25 transects 80 1,500 1,500 400 3,400 -SW 75 points Duck 41 15 transects 50 1,100 1,100 300 2,500 Mitchell 112 20 transects 70 1,600 1,600 400 3,600 Red Rock 71 20 transects 70 1,300 1,500 400 3,400 60 points Smetana 57 20 transects 60 1,300 1,300 400 3,000 60 points Staring 150 25 transects 90 1,600 1,600 500 3,700 TOTAL 23,900 * For each transect 2 or 3 depths should be sampled. T/ Cl Project Personnel Steve McComas, Aquatic Scientist Education M.S.C.E. Civil Engineering. 1983. University of Minnesota. Minneapolis,Minnesota. M.S. Environmental Sciences. 1980. Texas Christian University. Fort Worth,Texas. B.A. Biology-Geology. 1976. College of St. Thomas. St. Paul,Minnesota. Jo Stuckert, Aquatic Scientist Education B.S. Aquatic Biology. 1990. Bemidji State University. Bemidji,Minnesota. Examples of Aquatic Plant studies completed in the last few years. McComas,S.R. 2003. Aquatic plant survey for Spring Lake,Scott County,Minnesota. Prepared for Prior Lake/Spring Lake Watershed District. McComas,S.R.and J.A.Stuckert. 2003. Lake Marion,Lakeville,Minnesota,aquatic plant surveys for 2002. Prepared for City of Lakeville,Lakeville,Minnesota. McComas,S.R.and J.A.Stuckert. 2003. Orchard Lake,Lakeville,Minnesota,aquatic plant surveys for 2002. Prepared for City of Lakeville,Lakeville,Minnesota. McComas,S.R.and J.A.Stuckert. 2003. Aquatic plant surveys in 2002 and aquatic plant recommendations for Parker's Lake,Plymouth,Minnesota. Prepared for City of Plymouth. McComas,S.R.and J.A.Stuckert. 2003. Aquatic plant surveys and curlyleaf pondweed harvesting summary for Bald Eagle Lake,Ramsey County,2002. Prepared for Bald Eagle Area Association. McComas,S.R. 2003. Aquatic plant surveys for Lower Prior Lake,Scott County,Minnesota. Prepared for Prior Lake/Spring Lake Watershed District. McComas,S.R.and J.A.Stuckert. 2002. Aquatic plant surveys for Crystal Lake,Burnsville,Minnesota. Prepared for City of Burnsville. McComas,S.R.and J.A.Stuckert. 2001. Lake Marion,Lakeville,Minnesota,aquatic plant surveys for 2001. Prepared for the City of Lakeville. McComas,S.R.and J.A.Stuckert. 2001. White Bear Lake Aquatic Plant Surveys,2000. Report for the White Bear Lake Conservation District. McComas,S.R.and J.A.Stuckert. 2001. Eurasian watermilfoil surveys and aquatic plant management program for Rush Lake,Chisago County. Report for the Rush Lake Improvement Association and MnDNR. McComas,S.R.and J.A.Stuckert. 1998. French Lake(Rice County)Curlyleaf pondweed control using a boat- towed cutter: 1998—the third year. Report for Rice County Environmental Health Department. 6a McComas,S.R.and J.A.Stuckert. 1998. Evaluating influence of carp on aquatic plants and benthic invertebrates using carp exclosures in Cedar Lake,Polk and St.Croix Counties,WI. Report for the Cedar Lake Improvement District. McComas,S.R.and J.A.Stuckert. 1998. Lake soil fertility for Prior and Spring Lakes and its possible influence on nuisance milfoil growth. Report for the City of Prior Lake and Prior Lake/Spring Lake Watershed District. McComas,S.R. and J.A.Stuckert. 1997. Influence on lake soil fertility on nuisance growth of Eurasian watermilfoil,Lower Prior Lake,Prior Lake,Minnesota. Report for the City of Prior Lake. McComas,S.R.and J.A.Stuckert. 1997. Lake Waconia(Carver County)Eurasian watermilfoil plan. Report for Lake Waconia Association and MnDNR. latr Sdeaoktetmbnr atitf dig McComas .G v:.., Labe and Pond -�` Management '' Steve McComas See whom new Low-cost solutions to m (q7 in the new edition Ink.shoroland problems . Sj[ pro[rtdng mid rcstorfog rake.mdlb.d•Nn.u+rr:aa 6gdell•A.ns,:l,.,...r::,der C die sbrebind arch L,Jvn.m�l.:6.s.:,n.Ti,Im,,I. v:vrr...:r.;a.:.cs.,I. .-s 0 Her to IOC barley straw 'ter''nl•I,',.l...31i...,!e Lite,nd r..op/In,romm..., • Establishing and enhancing rma.4al•ul.l..mvr m.n.arly r*n a•at.::r..'e,w,l 0 = and onLake Htstori,:alperspectivesnn ..'^:•:+•,,er.w.l:..,n.lr,,;..:.,,u.m..,,,,.:,L..u.p C late management efforts ,,:,,,.dl,n,.nq.davrn.nal.,.koop,•Ipnhkm:•dal e Special pond management I,k:,hm,n•,.,:y,.:k..::.na.we.,:r.,la:.n.r.. :na:dr. • i(<'I •}` chapter that includes J::vemn.l Lvlkr:n•,ndn•n.lu'..lu.v:+n4'. n,lv:ny �` � I VIanaement ttmnnwner pond Improvements \� .—.— •wp:,,.de,Ip:.nm:.e:,I:,i:;np.u..wpa4,':um L{,.dr ;....A. , Ftaturcs 0 Offers innovative and Hand..on Information you ii � .f_...t.-_. _. r low•cost strategics not famed con put to use Immediately Cyh I ! �rt§ , in the technical literature wdn,..r•uau.,;r„,o„I rh, er,rr:.a,,,,,,,,x,o. V��tIr�t��l `? r f Drsrribrs s[e rl••step ^ '• V y r `• •, 'h{, ,4. >) ! ..:eesn,..4..•dn l..+.l...a.,...1•v u.:::Jarfnn f , approaches to Implementing :.„yr III v I. :: 6 tr i} !•: )y Inter improvement projects h,:,a,u...:na,•r.,4•�:.�, m,;•IJr n.l,e,r..:l - N 1:.+ ,y�.Y ,�: ;/' _\1 osis ,,•r anu.n:,v,v.nln I S,,sd real sl.uv,,.on Includes r :7\ i mantes far praiaaloged evkut.a,,.-n•uwl::nh..l.h.klu.r.v.,u ter,,.. • M 1r tainting the storcinminrcn u.t n.:ryru = . \ . Contains apprnahes applicable far shallow lake - - - -- .- --— uua In., �LEWIS'PUBLISHERS management progra m j , hldndrs OM'Too diagrams Lewis Publishers II,1 }}II 11ih, and photographs .�Y�It110111 00 f % ,�I' i,,.....y , www.crcpress.coni u..a, LEWIS /. (3 Background and Experience We have experience with harvesting, herbicides, and drawdown techniques for control of curlyleaf pondweed and Eurasian watermilfoil as well as methods for enhancing native plants. The basis for aquatic plant management is having good aquatic plant surveys to serve as a reference for formulating plant management plans. Several examples are shown below: 1. Spring Lake, Prior Lake,Minnesota -- - -- - --� Blue Water Science conducted -3,,��4^ the aquatic plant surveys that . . - - -• - -. ,: s, served as a basis for the Spring , , Lake treatment areas. Initially, an aquatic plant management •= plan was prepared. Since that .. L ,4 ..c' _ time,aquatic plant management �-i &y'5 c =1 -�_ `=- _: _- `-_-'.7;. plans have evolved rapidly with - -,-.--'~''� -� ` Blue Water Science continuing • ,,. ;". to spearhead advances and incorporate the latest • techniques and methods. -.' ,�_ - Contact:Shannon _ Lotthammer,PLSLWD • 2. Medicine Lake,Plymouth,Minnesota .. - ,'.. Steve McComas has worked .. ' with the City of Plymouth, Three Rivers Park District,and ' - ' -•` a Citizen Task Force to develop r'4-- a whole lake curlyleaf control "a. % _ program(or Medicine Lake). --”.. '_ The objective is to reduce the r= : :---- -'-'j z • - current nuisance extent of 300 '` ,- •i ! ""4,P;' : ,� acres of curlyleaf pondweed. r-- -1:k _ J An endothall herbicide • r, . e=' y-, ', `'^ treatment will begin this spring 7,:- Y" ' " 't", and continue for 3 years. Blue - _ . -. Water Science will also help „A monitor results. Contact:Shane Missaghi, City of Plymouth 763.509.5527 &1 3. Bald Eagle Lake, Ramsey County,Minnesota Bald Eagle Lake has curlyleaf pondweed and Eurasian ' • watermilfoil (actually a milfoil ' hybrid). An aquatic plant + : :`� • . • management plan was prepared =''`= ` i by Blue Water Science and F _ action steps have been _ •• `_ n_. - - - '`3 • - - :-._ implemented. Mechanical - --' - =;:„`' `T`-' ' harvesting is the control method -. _1 and the program is heading into s, '"`3• " ,,,, the fifth year. Curlyleaf - - =4:..-:-.-- _ — •_• - • --._ -::_.:�. -�--�-. =�=�.1=;r coverage is slightly diminished `,-- -.. - - '" and native plants are coming '�____ •� b y = '` • - back. Eurasian watermilfoil - has not been a nuisance species. • ;..- Contact: Dave Sorenson, President,Bald Eagle Area Association 651.429.7629 Crystal Lake, Burnsville, Minnesota -r;, . . -.,x, , _ • t.�� -�, •. >�..,�- • Crystal Lake is starting a ; PS'a: ;.'-.+ `:. �; -• second year of an aquatic plant if en • • harvesting program. Initially, +..- 1 rE y`t"''14 ►';,".- • herbicides were used to manage #! �* .' .� EWM,but EWM has - ".r =x. . gy.=• ' 'rI,#q'" ' : ' . dramatically diminished. 4 ,:^,0, ,.,.- 'fit '-;',` • . . •-``..` ^° Curlyleaf is the primary ;71,-'=-r_ ,-- '' -' nuisance exotic aquatic plant. ,. �' � pa714 ur Blue Water Science worked ,,L. ,,, ... ,i` ---- with the City of Burnsville to —� - - 1_ , ;�' �--=�••r�:- set up a plant management - _ = y program. :- _- - <,, �,: - =�s-. = Contact:Leslie Yetka, City of • �� -- --�: �_•_. ;_- ._,;._' - . " -.ate Burnsville 952.895.4518 �'%' f : _':: - ='•tom wsr- T 65 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 18,2004 DEPARTMENT/DIVISION: ITEM NO.: Through: Robert A. Lambert, i ITEM DESCRIPTION: Director of Parks&Recreatio From: Stuart A.Fox,Manager of Tax Forfeited Lands Parks and Natural Resources Requested Action Move to: Approve the resolution authorizing the disposal of three parcels of tax forfeited land. Synopsis These properties were reviewed by the City Council in 1996. Due to errors in the original Council Resolution these tax forfeited parcels are back before the City Council for formal action. Attached is a list received from the Hennepin County certified as Non Conservation Classification List 942-NC. These properties have been pronounced tax forfeit to the State of Minnesota for non payment of property tax. As provided in State Statue 282, Hennepin County has requested the City to make a recommendation as to the disposal of these three land parcels. The City can either approve the parcels for public auction, approve the parcels for sale to the adjacent property owner, withhold the properties from auction for one year, or request conveyance of the property to the City for public use. The list of three parcels of property is described as follows: Parcel PIN Description Pending Specials 1 04-116-22-31-0066 Outlot A,Edenvale 14th Addition 0 2 04-116-22-34-0091 Outlot A,Massee Addition 0 3 06-116-22-22-0096 Outlot B except HWY,Hidden Glen 3rd 0 Background The staff has reviewed these three parcels and has looked at the potential use of the parcels for public purposes. The staff feels that two of these parcels do have use for public purposes and they would be as follows: Parcel #2 is a parcel of land adjacent to Outlot G of Edenvale 3rd Addition. Outlot G has a City well house and a mini park located on it and it is part of the Edenvale Conservation Area. Parcel#3 is a parcel of land adjacent to Highway 101 and runs parallel to the highway right-of- way at the 101 curve adjacent to the Chanhassen/Eden Prairie border. Tax Forfeited Lands May 18,2004 Page 2 One parcel does not have use for public purpose. That parcel is Parcel #1, an outlot that was created during Edenvale 14th Addition; however, it has insufficient size and frontage as a buildable lot. This parcel should be put on the public auction for sale to an adjacent property owner. Staff recommends these parcels should be conveyed as follows: Parcel#1 —Retained by Hennepin County and sold to an adjacent property owner. Parcel #2 — Request conveyance of this parcel of forfeited land to the City of Eden Prairie for inclusion in our public open space. Parcel #2 would add to the area already controlled for the public open space in the Edenvale area,known as the Edenvale Conservation Area. Parcel#3—Be conveyed to the Hennepin County Public Works Department as road right of way. Attachment Resolution Maps CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS,the City of Eden Prairie has received from the County of Hennepin Non-Conservation List 942-NC,which lists 3 (three)properties in said municipality which have become property of the State of Minnesota for non payment of real estate taxes, (list attached), and WHEREAS, provided in Minnesota Statue 282,the City Council is asked to determine the disposal of these parcels of land, and WHEREAS,the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of these parcels in the following way: • The 3 (three)properties be classified as non-conservation land. • The following parcel be conveyed to the City of Eden Prairie for parkland purposes: PIN 04-116-22-31-0066 with no pending specials • The following parcel be conveyed to Hennepin County for roadway purposes: PIN 06-116-22-22-0096 with no pending specials • The following parcel be sold to an adjacent property landowner: PIN 04-116-22-31-0091 with no pending specials ADOPTED by the City Council of the City of Eden Prairie this 18th day of May 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kitty Porta, City Clerk ro 3i .`•2 4. \�y. i ... ti.• 5 ".`�/.1.. .si•`7.. 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V:ua /, • \... 1i ec' v- •.1,d, 1'2e.cy0 -` (O� C,rn o 'o .s* �° 4 6 N •.y'}}t 'u m0,. , .,' .. o 1S q0�., :'r e_ ✓I•a♦ . -. m 50.07105.E 1 `:. �' ry • LIST 942—NC CONSERVATION & NON—CONSERVATION LANDS Property ID Number PREVIOUS OWNER SPECIAL Conservation=C NER Property Address Target LEGAL DESCRIPTION DATE BUILDING LAND MARKET ASSESSMENTS Non-Conserv.=N No. Property Type/ Structu Area FORFEITEI VALUE VALUE VALUE BEFORE FORFEITURE PARCEL I 11299 041162231-0066 No EdenvaleAssociation 6/20/96 0 $1,000 $1,000 0 Address Unassigned Outlot AEdenvale 14th Addition N Vacant Land ?Arta, . 11300 04 116-22 34-0091 - No Edenvale Association 6/20/96 0 $1,000 $1,000 0 Address Unassigned Outlot AMa ssee Addition N Vacant Land ' f'Aget.L3 11302 06-116-22 22-0096 No Frontier Midwest Homes Corp 6/20/96 0 $12,600 $12,600 0 Address Unassigned Outlot B ex HWY Hidden Glen 3rd N Vacant Land • • • • LOTUS\LIST 942-NC \8 /8 /96 CITY COUNCIL AGENDA DATE: May 18,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5527 ITEM NO.: Engineering Services Approve Plans and Specifications and Order Randy Newton Advertisement for Bids for the TH 212/Prairie V I I . i. Center Drive Intersection Improvement Project. Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for I.C. 01-5527, TH 212 / Prairie Center Drive Intersection Improvement Project. Synopsis With the assistance of SRF Consulting Group, Inc. the Engineering Division has prepared plans and specifications for the TH 212 / Prairie Center Drive Intersection Improvement Project. The project will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. Background Information In April 2003, the City Council approved the Professional Services Agreement for the final design of the TH 212 / Prairie Center Drive Intersection Improvement Project. The final design work has recently been completed and the project is ready for construction. The TH 212/Prairie Center Drive project will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. The importance of this intersection to the City's transportation system along with the problems associated with its poor operation make its improvement one of the highest priorities in our system. Financial Implications The engineer's construction cost estimate for the project is $1,535,000. Through the Municipal Agreement Program Mn/DOT is contributing$500,000 towards the construction costs. The City of Eden Prairie is responsible for the remainder of the construction costs ($1,035,000). The City costs are anticipated to come from the Major Center Area Construction Fund. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS. • WHEREAS, the City Engineer through SRF Consulting Group, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 01-5527 TH 212/Prairie Center Drive Intersection Improvement Project and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened, and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5%(percent)of the amount of such bid. ADOPTED by the Eden Prairie City Council on May 18,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk —13 CITY COUNCIL AGENDA DATE: May 18, 2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5553 ITEM NO.: Engineering Approve I-494 Cooperative Design-Build ,-- Rodney W. Rue Construction Agreement with MnDOT for the I-494Third Lane Project from TH 5 to I-394 Requested Action Move to: Adopt resolution approving the I-494 Cooperative Design-Build Construction Agreement with MnDOT for the I-494 Third Lane Project from TH 5 to I-394 Synopsis This agreement defines the construction, maintenance and financial responsibilities for the I-494 Third Lane Design-Build project. The City is responsible for costs associated with traffic signals, storm water treatment ponds and associated right-of-way acquisition, State furnished materials and design-build administration. MnDOT has estimated our share of the costs and has proposed a lump sum amount of$113,312.00. Our share will be financed with State Aid funds. Background Information This MnDOT project was given layout approval/municipal consent by the Eden Prairie City Council on November 18, 2003. The design-build cost proposals will be opened on May 14, 2004 with the contract award anticipated on June 11, 2004. Initial construction of the third lane project could begin in July or August, 2004. Completion of the entire project is expected by October, 2006. Attachments MnDOT's Cooperative Design-Build Construction Agreement No. 86078-R 7L CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. APPROVE I-494 COOPERATIVE DESIGN-BUILD • CONSTRUCTION AGREEMENT FOR THE I-494 THIRD LANE PROJECT FROM TH5 TO I-394 (LC. 02-5553) WHEREAS, the Minnesota Department of Transportation (MnDOT) is proposing to make improvements on I-494 from TH 5 to I-394; and WHEREAS, the City of Eden Prairie has given layout approval/municipal consent of said improvements; and WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Cooperative Design-Build Construction Agreement that identifies ownership, construction, maintenance and financial responsibilities for said I-494 third lane project. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie that said Cooperative Design-Build Construction Agreement No. 86078-R for State Project No. 2785-304 (T.H.494=393) is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on May 18, 2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk -75 PRE-LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE DESIGN-BUILD CONSTRUCTION AGREEMENT 86078-R S .P. 2785-304 (T.H. 494=393) • S .P. 2785- (27V49) to (27V62) S .A.P. 027-603-040 S .A.P. .027-662-060 S .A.P. 142-010-014 S .A.P. 142-020-034 S .A.P. 142-131-02 S .A.P. 142-135-03 S .A.P. 142-161-002 S .A.P. 181-020-024 Fed. Proj . IM-NH 4944 (254) State Funds The State of Minnesota AMOUNT Department of Transportation, and ENCUMBERED The City of Eden Prairie Re : City lump sum payment for storm (None) water treatment pond and traffic control signal construction and right-of-way acquisition costs AMOUNT RECEIVABLE on T.H. 494 $113,312 .00 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . I 86078-R WHEREAS, the State is about to perform grading, surfacing, sidewalk, storm sewer, storm water treatment pond ("pond") , water main, sanitary sewer, lighting, noise wall, retaining wall, bridge and traffic control signal construction and other associated construction upon, along and adjacent to Trunk Highway No. 494 from Trunk Highway No. 5 to 0 . 1 mile south of Trunk Highway No. 55 within the corporate limits of the City of Eden Prairie and the City of Minnetonka in accordance with State plans, specifications and special provisions designated as State Projects No. 2785-304 (T.H. 494=393) and No. 2785- (27V49) to (27V62) and State Aid Projects No. 027-603-040, No. 027-662-060, No. 142-010-014, No. 142-020-034, No. 142-131-02, No. 142-135-03, No. 142-161-002 and No. 181-020-024 and in the records of the Federal Highway Administration as Minnesota Project IM-NH 4944 (254) ; and WHEREAS, the State has determined that it is in the public ' s best interest to revise the existing traffic control signals on Trunk Highway No. 494 west ramp at County State Aid Highway No. 39 (Valley • View Road) , remove the existing traffic control signals and install new traffic control signals including street lights and signing ("Traffic Control Signals") on Trunk Highway No. 62 at Clearwater Drive - Beach Road, and install traffic control signal interconnect on Trunk Highway No. 62 and County State Aid Highway No. 62 from County State Aid Highway No. 62 - Trunk Highway No. 494 west ramps to Trunk Highway No. 62 - Clearwater Drive - Beach Road; and WHEREAS, the State shall provide a master controller and two new cabinets and control equipment ("State furnished materials") to operate the Traffic Control Signals; and WHEREAS, in order to construct the Delray Pond to accommodate and treat storm water drainage, the State will need to acquire additional right-of-way for the pond; and 86078-R WHEREAS, the State has requested participation by the City in the costs of the Traffic Control Signals and pond construction, State • furnished materials and right-of-way acquisition; and WHEREAS, the City has expressed its willingness to participate in the costs of the Traffic Control Signals and pond construction, associated design-build administration, State furnished materials and right-of-way acquisition in a lump sum amount equal to $113,312 . 00 as hereinafter set forth; and WHEREAS, it is anticipated that the City will use State Aid funds to pay for those portions of the City cost participation construction and associated design-build administration to be performed under the design-build contract. Such eligible State Aid funds are identified • in the State Aid Memo, on file in the office of the State' s Director of State Aid for Local Transportation; and WHEREAS, the operation and maintenance requirements for the traffic control signal system construction to be performed upon, along and adjacent to Trunk Highway No. 494 under State Project No. 2785-304 will be covered under separate agreements between the State, the City, the City of Minnetonka, and Hennepin County; and WHEREAS, in connection with the State contract, the design, construction, inspection and maintenance of the City owned utilities to be constructed under State Project No. 2785-304 (T.H. 494=393) will be covered under a Master Utility Agreement between the State, the design-build contractor ("Contractor") and the City; and WHEREAS, in connection with the State contract, the Hennepin County requested construction will be covered under Agreement No. 86080 between the State and Hennepin County; and WHEREAS, in connection with the State contract, the City of 86078-R Minnetonka requested construction will be covered under Agreement No. 86079 between the State and the City of Minnetonka; and WHEREAS, Minnesota Statutes Section 161 .20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise for technical and price proposals and award a design-build contract to the "Best Value Proposer" for State Project No. 2785-304 (T.H. 494=393) in accordance with the State Request for Qualifications ( "RFQ") and Request for Proposal ( "RFP") documents, which are on file in the office of the Commissioner of Transportation at St . Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Direction of Design-Build Construction The State shall direct all design-build activities performed under the design-build contract, and oversee all construction engineering and inspection functions in connection with the design-build contract construction. All design-build construction shall be performed in compliance with the State' s RFP, the Contractor' s technical proposal and plans. Section C. Plan Changes, Additional Construction, Etc. The State may request the Contractor to make changes in the design and/or contract construction and enter into any necessary addenda, change orders and supplemental agreements with the State ' s Contractor 86078-R that are necessary to cause the design and construction to be performed and completed in a satisfactory manner. The State's Metropolitan District Engineer at Roseville or his authorized representative will coordinate with the appropriate City official for any proposed addenda, change orders and supplemental agreements that affect the City cost participation design and construction. Section D. Satisfactory Completion of Design-Build Contract The State shall perform all other acts and functions necessary to cause the design-build contract to be completed in a satisfactory manner. If the City believes the City cost participation design or construction has not been properly performed or that the design or construction is defective, the City shall inform the State Metropolitan District Engineer' s authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the State' s Contractor has satisfactorily performed the City cost participation design and construction covered under this Agreement. Final acceptance by the State of the completed design-build contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the design-build contract construction. 86078-R ARTICLE II - PAYMENT BY THE CITY The City shall advance to the State, as the City' s full and complete share of the costs of the Traffic Control Signals and pond construction, associated design-build administration, State furnished materials and right-of-way acquisition to be performed upon, along and adjacent to Trunk Highway No. 494 from Trunk Highway No. 5 to 0 . 1 mile south of Trunk Highway No. 55 within the corporate City limits under State Project No. 2785-304 (T.H. 494=393) , a lump sum in the amount of $113,312 .00 . The lump sum amount consists of the costs of the Traffic Control Signals construction ($70, 834 . 00) , pond construction ($9, 962 . 00) , right-of-way acquisition ($4, 600 . 00) , State furnished materials ($13 , 136. 00) and 15 percent for design-build administration ($14, 780 . 00) . The City shall advance to the State the lump sum amount after the following conditions have been met : A. Execution and approval of this Agreement and the State ' s transmittal of it to the City. B. Award of the design-build contract to the successful proposer for the design and construction to be performed hereunder. C. Receipt by the City of a written request from the State for the advancement of funds . ARTICLE III - GENERAL PROVISIONS Section A. Design Build Contract Changes The City may request changes in the design build contract . If the State determines that the requested changes are necessary or desirable, the State will cause those changes to be made. Section B. Replacement of Castings 86078-R The City shall furnish the State' s Contractor with new castings and parts for all inplace City-owned facilities adjusted hereunder when replacements are required, without cost or expense to the State or the State's Contractor, except for replacement of castings and parts broken or damaged by the State' s Contractor. Section C. Utility Permits Upon the City' s receipt of a fully executed copy of this Agreement, the City shall submit to the State's Utility Engineer an original permit application for all City-owned utilities to be constructed hereunder that are upon and within the trunk highway right-of-way. Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525) . Section D. Maintenance by the City Upon satisfactory completion of the storm sewer facilities construction to be performed within the corporateiCity limits outside of the Trunk Highway No. 494 right-of-way under the design-build contract, the City shall provide for the proper routine maintenance of those facilities, without cost or expense to the State. Routine • maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. Upon satisfactory completion of the walkways construction to be performed within the corporate City limits under the design-build contract, the City shall provide for the proper routine maintenance of the walkways, without cost or expense to the State. Routine maintenance includes, but is not limited to, snow, ice and debris sa 86078-R removal, patching, crack repair, and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. Upon satisfactory completion of the noise walls construction to be performed within the corporate City limits under the design-build contract, the City shall provide for the proper maintenance, consisting of graffiti removal, of the non-trunk highway sides of the noise walls without cost or expense to the State. Section E. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities and ponds to be constructed under the design-build contract that was not included in the drainage for which the storm sewer facilities and ponds were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities and ponds constructed under the design-build contract are shown in a drainage area map, EXHIBIT "Drainage Area" , which will be on file in the office of the State's Metropolitan District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. Section F. Pond Responsibilities Upon satisfactory completion of the pond construction to be performed within the corporate City limits under the design-build contract, the City shall share in the cost of future major maintenance at a rate equal to the City's rate of cost participation in the pond construction. The City's rate of cost participation is 17 percent for the construction of Grasshopper Pond. Major maintenance includes, but is not limited to, removal of sediment, repair of major erosion problems, major structure and pipe repair and any other major maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. The State and the City y 86078-R may enter into a separate agreement to define additional responsibilities for maintenance of the pond. Upon satisfactory completion of the pond construction, the City shall share in all responsibilities, obligations and liabilities arising out of or by reason of the drainage collecting into and being discharged from the pond. The City shall share such responsibilities, obligations and liabilities at rates based on the ratios of contributing "storm water peak inflows" for the storm sewer facilities draining into the pond. The "storm water peak inflows" at the time the Grasshopper Pond was designed is 17 percent, however, "storm water peak inflows" ratios may change based on development and • alteration of land use in the vicinity. Section G. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment . Section H. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3 .736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section I. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and 86078-R City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE IV - AUTHORIZED AGENTS The State ' s Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682 , St. Paul, MN 55155, (651) 296-0969 . The City' s Authorized Agent for the purpose of the administration of this Agreement is Rod Rue, Assistant City Engineer, or their successor. Their current address and phone number are 8080 Mitchell Road, Eden Prairie, MN 55344, (952) 949-8314 . 85 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers . CITY OF EDEN PRAIRIE DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor By District Engineer Approved: Date By B State Design Engineer Y City Manager Date Date Approved as to form and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date 86 CITY COUNCIL AGENDA DATE: May 18, 2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5553 ITEM NO.: Engineering Approve I-494 Design-Build Master Utility Rodney W.Rue Agreement with MnDOT for the I-494 Third 1K Lane Project from TH 5 to I-394 Requested Action Move to: Adopt resolution approving the I-494 Design-Build Master Utility Agreement with MnDOT for the I-494 Third Lane Project from TH 5 to I-394 Synopsis This agreement defines the design, construction, inspection, maintenance and financial aspects of any existing or proposed City-owned utilities within the project limits. This is a three-party agreement (MnDOT, Utility Owner-City, and the Design-Build Contractor) that defines responsibilities of each party. There is no financial obligation to the City of Eden Prairie for the relocation or protection of our existing utility crossings. Any costs to relocate or protect these utilities shall be MnDOT's responsibility. If we choose to take on a larger role in the inspection responsibilities, we can get reimbursed for our costs up to $2,000.00. Background Information This MnDOT project was given layout approval/municipal consent by the Eden Prairie City Council on November 18, 2003. The design-build cost proposals will be opened on May 14, 2004 with the contract award anticipated on June 11, 2004. Initial construction of the third lane project could begin in July or August, 2004. Completion of the entire project is expected by October,2006. Attachments Due to the size of the I-494 Design-Build Project Master Utility Agreement(65 pages) we are not including the agreement in the council packet. A copy of the agreement is available in the City Engineer's office or via e-mail. U� CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. APPROVE I-494 DESIGN-BUILD MASTER UTILITY AGREEMENT FOR THE I-494 THIRD LANE PROJECT FROM TH5 TO I-394 (I.C. 02-5553) WHEREAS, the Minnesota Department of Transportation (MnDOT) is proposing to make improvements on 1-494 from TH 5 to 1-394; and WHEREAS, the City of Eden Prairie has given layout approval/municipal consent of said improvements; and WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Design- Build Master Utility Agreement that identifies ownership, design, construction, inspection, maintenance and financial responsibilities for said I-494 third lane project. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie that said Design-Build Master Utility Agreement No. 86293 for State Project No. 2785-304 (T.H.494=393) is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on May 18,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk �0 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 18,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager, Contract with Administration Resources Human Resources Corporation to Act as Third Party Administrator Vti. L Division/Karen Kurt for Flexible Spending Accounts Requested Action Move to approve contract with Administration Resources Corporation (ARC) to act as the third party administrator for employee flexible spending accounts. Synopsis As part of the City's benefit program, City employees have the option of setting aside money on a pretax basis in flexible spending accounts. These funds can be used to pay for expenses related to health or dependent care. Currently,the Finance Division administers these accounts. Using a third party administrator for these types of benefits is common practice for organizations our size. It provides greater employee privacy and ensures compliance with applicable benefit laws. In our case, employees will also receive enhanced service since they will have web access to account balances and claim status. Human Resources and Finance staff received proposals from four vendors before selecting ARC. ARC had the lowest estimated service cost at $4300 annually. They also had a track record of working successfully with similar organizations. ADMINISTRATIVE SERVICES AGREEMENT FOR CITY OF EDEN PRAIRIE Administration Resources Corporation 11490 Xeon Street NW, Ste 200 Coon Rapids, MN 55448-3149 Telephone 763.421.5510 1.800.588.2020 Fax 763.421.7628 9'0 ADMINISTRATIVE SERVICES AGREEMENT This Agreement is effective June 1,2004,between City of Eden Prairie("Plan Sponsor") and Administration Resources Corporation,a Minnesota corporation("Plan Supervisor"). RECITALS WHEREAS,the Plan Sponsor has established the City of Eden Prairie Cafeteria Plan, an employee benefit plan("Plan"or"Covered Entity"as defined by HIPAA privacy regulations), which enables certain eligible individuals to set aside payroll dollars on a pre-tax basis for the payment of certain out-of-pocket expenses that are not reimbursed by any other source,including certain medical expenses and eligible dependent day care expenses; and(for Plan Sponsors maintaining a Qualified Transportation Benefit Plan)certain parking and transit expenses. WHEREAS,the Plan Sponsor desires to use the services of a third party administrator for the Plan as provided by the Plan Supervisor; and WHEREAS, Plan Supervisor agrees to provide FSA and/or Qualified Transportation Benefit Plan administration services on behalf of Plan Sponsor according to the following terms and conditions. NOW,THEREFORE, in consideration of the premises above and the mutual covenants and agreements contained herein, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: SECTION 1 DUTIES AND RESPONSIBILITIES OF THE PLAN SUPERVISOR 1.1 The Plan Supervisor shall perform the following services for the Plan Sponsor and any optional services agreed to by Plan sponsor and Plan Supervisor on Schedule A of this Agreement. (a) Claim Reimbursement Processing. Process all claims for any and all services selected on Schedule A presented for payment in accordance with the terms of the Plan, and any written claim procedures or other practices established by the Plan Sponsor and communicated to the Plan Supervisor,including,but not limited to,reasonable investigatory work to determine claim eligibility under the Plan and preparing and distributing benefit checks or drafts to Plan Participants. (b) Inquiries. Answer inquiries from the Plan Sponsor, and plan participants concerning requirements,procedures, or benefits of the Plan. (c) Claim Reimbursement File. Maintain claim reimbursement files. (d) Standard Reports. Prepare and provide to the Plan Sponsor standard reports of all disbursements made. Additional or custom reports may be available for a fee and in a format to be agreed upon in writing by the Plan Sponsor and the Plan Supervisor. 1.2 Plan Supervisor accepts responsibility only for the ministerial and nondiscretionary services described in this Agreement and only to the extent that Plan Sponsor furnishes accurate and timely information to Plan Supervisor. 1.3 Plan Supervisor does not assume Plan Sponsor's fiduciary or other responsibilities for compliance with ERISA and any other applicable federal or state statutes. SECTION 2 DUTIES AND RESPONSIBILITIES OF THE PLAN SPONSOR 2.1 Plan Documentation. The Plan Sponsor shall determine the benefit and administrative provisions of the Plan and shall be solely responsible for the terms of the Plan and/or the Summary Plan Description. 2.2 Employee Contributions. The Plan Sponsor shall be responsible for collecting all employee contributions under the Plan. 2.3 Eligibility Determination. Plan Sponsor shall make all benefit eligibility determinations required under any of the plans covered by this Agreement. 2.4 Miscellaneous. The Plan Sponsor shall be responsible for taking the following actions: (a) Provide the Plan Supervisor with a complete and accurate list of all individuals eligible for benefits under the Plan(hereafter known as"Plan Participants")and who are enrolled at any time during the Plan Year in the Plan,changes in family status, employee contributions, and such other information as the Plan Supervisor may reasonably require in order to render the services contemplated by this Agreement. (b) Notify the Plan Supervisor of any changes in eligibility and Plan Participants. (c) The Plan Sponsor will be responsible for COBRA(Consolidated Omnibus Budget Reconciliation Act) continuation and any state continuation requirements. (d) Distribute to Plan Participants and provide or return to the Plan Supervisor as needed, appropriate and necessary materials and documents, including,but not limited to, Summary Plan Description,Plan amendments, Summary of Material Modifications, election forms,election change forms, and claim reimbursement forms as may be necessary for the operation of the Plan or to satisfy the requirements of law. (e) Satisfy reporting,notice, disclosure, and annual return requirements and other regulatory requirements imposed by law. (f) Utilize and maintain the Plan Supervisor as the single, sole and exclusive Plan Supervisor to assist the Plan Sponsor in administering the Plan. (g) Provide the Plan Supervisor with any additional information as may be reasonably requested by the Plan Supervisor from time to time. (h) Any government form required to be filed by the Plan is the responsibility of the Plan Sponsor. SECTION 3 FUNDING 3.1 Funding. The Plan Supervisor will coordinate the funding of the claims with the Plan Sponsor as follows: (a) The Plan Supervisor will notify the Plan Sponsor by telephone,facsimile, or electronically of the dollar amount of claims processed for payment on a pre-arranged, periodic basis. Reports such as a check register will be provided to the Plan Sponsor, if requested. (b) The Plan Sponsor will remit to the Plan Supervisor's cafeteria plan claims account the amount necessary to cover such claims and the claim payments will be released to the respective Plan Participants within the time frame agreed to by the parties. 3.2 Nonfunding. Claims funding due from the Plan Sponsor for processed claims that are not received by the Plan Supervisor within ten(10)business days from the date the Plan Sponsor was notified,may cause a suspension in benefit administration services by the Plan Supervisor until such funding is received. Any suspension of administration may result in communication being made by the Plan Supervisor to Plan Participants, informing them of the status of their claims and the reason for the delay. SECTION 4 PLAN SUPERVISOR'S FEE 4.1 Administrative Fee. In exchange for the services rendered pursuant to this Agreement, the Plan Supervisor shall receive the amount determined in accordance with Schedule A that is attached hereto and herein incorporated by reference. Such fee rates stated on Schedule A may be subject to change not more frequently than annually by the Plan Supervisor and will become effective as indicated on Schedule A. Such changes to Schedule A shall be given to Plan Sponsor at least sixty(60)days prior to the effective date of the changes,and any changes will likewise be incorporated by reference under the terms stated on such Schedule A. 4.2 Nonpayment. If the Plan Sponsor,for any reason whatsoever, fails to make a required administrative fee payment by the due date(i.e.,within the 30 days following the invoice date),the Plan Supervisor may suspend the performance of its services until such time as the Plan Sponsor makes the proper remittance.Any suspension of administration may result in communication being made by the Plan Supervisor to Plan Participants, informing them of the status of their claims and the reason for the delay. The Plan Supervisor may charge interest to the Plan Sponsor on all past due fees at the rate of one and one-half percent(1.5%)per month,or the maximum rate allowed by law,whichever is less. 4.3 Litigation Fees. Additional fees for services rendered by the Plan Supervisor in connection with arbitration or litigation concerning the Plan or any claim thereunder shall be paid pursuant to a separate written agreement between the Plan Sponsor and the Plan Supervisor. Unless the parties enter into such an agreement,the Plan Supervisor is not required to provide any services to the Plan Sponsor or the Plan in connection with arbitration or litigation concerning the Plan. SECTION 5 LIMITS OF THE PLAN SUPERVISOR'S RESPONSIBILITY AND INDEMNIFICATION 5.1 Funding. The Plan Supervisor shall have no responsibility,risk, liability or obligation for the funding of Plan benefits. The responsibility and obligation for funding Plan benefits shall be solely and totally the responsibility of the Plan Sponsor. 5.2 Claim Processing Errors. The Plan Supervisor shall be liable for the recovery of claim processing errors arising from the Plan Supervisor's performance pursuant to the terms of this Agreement.Not withstanding the preceding,however,the Plan Supervisor shall not be liable for any such error that is reasonable,made in good faith, and within acceptable industry standards. The Plan Supervisor shall use diligent efforts toward the recovery of such losses. The Plan Supervisor's liability,if any, shall be limited to the amount in excess of the claim amount(s)payable under the terms of the Plan. 5.3 Independent Contractor. The Plan Supervisor is,and shall remain, an independent contractor with respect to the services being performed by the Plan Supervisor pursuant to this Agreement and shall not for any purpose be deemed an employee of the Plan Sponsor,nor shall the relationship of the parties be deemed that of partners or joint venturers. 5.4 Indemnification by the Plan Sponsor for Claims Decisions. If the Plan Sponsor reverses a claim payment decision made by the Plan Supervisor,the Plan Sponsor shall notify the Plan Supervisor in writing of such decision and agrees to indemnify,hold harmless,and defend the Plan Supervisor from and against any and all liabilities, losses,damages, claims, lawsuits,causes of action,costs,and expenses the Plan Supervisor may incur because of any such reversal. 5.5 No Guarantee of Benefits. The Plan Supervisor does not assume any responsibility,risk, liability or obligation for the general policy direction of the Plan,the adequacy of funding thereof, or any act or omission or breach of duty by parties other than Plan Supervisor. The Plan Supervisor is not and shall not be deemed a guarantor with respect to any benefits payable under the Plan. 5.6 Indemnification for Plan Design/Interpretation. The Plan Supervisor is not engaged in the practice of law. The resolution of any legal issues concerning the Plan,its coverage,or its interpretation are the responsibility of the Plan Sponsor and its legal counsel. The Plan Sponsor shall indemnify,hold harmless, and defend the Plan Supervisor from and against any and all liabilities,losses, damages,claims,lawsuits, or causes of action, and any costs and expenses associated therewith(including any attorneys' fees the Plan Supervisor may incur or be asked to pay), arising, directly or indirectly,out of the design and/or interpretation of the Plan,including,but not limited to,any liability,losses, damages, claims,lawsuits,or causes of action and any costs and expenses associated therewith (including any attorneys' fees the Plan Supervisor may incur or be asked to pay) arising under any state, federal or local law or regulation. 5.7 General Indemnification. To the extent not covered above,the Plan Sponsor shall indemnify,hold harmless, and defend the Plan Supervisor and its directors,trustees, officers,employees,and agents from and against any and all liabilities,losses or damages arising out of any claims, lawsuits, or causes of action,and any costs and expenses associated therewith(including any attorneys' fees the Plan Supervisor may incur or be asked to pay),which arise, directly or indirectly,from the Plan Sponsor's act or omission to act in its administration of the Plan, including,but not limited to, any liability,losses, damages,claims,lawsuits, or causes of action and any costs and expenses associated therewith(including any attorneys' fees the Plan Supervisor may incur or be asked to pay) arising under any law. ICH 5.8 Not a Fiduciary. The Plan Supervisor is not a fiduciary to the Plan. Notwithstanding anything in the Agreement to the contrary, any delegation of authority or duties pursuant to this Agreement construed by a court of law or governmental agency to make the Plan Supervisor a fiduciary shall be null and void, and such duties are hereby retained by the Plan Sponsor. 5.9 Plan Supervisor's Duty to Indemnify. Plan Supervisor shall indemnify, hold harmless, and defend the Plan Sponsor and its council members, officers,employees, and agents from and against any and all liabilities, losses or damages arising out of any claims, lawsuits, or causes of action, and any costs and expenses associated therewith(including any attorneys' fees the Plan Sponsor may incur or be asked to pay), which arise, directly or indirectly, from the Plan Supervisor's act or omission to act in its administration of the Plan, including,but not limited to, any liability, losses, damages, claims, lawsuits, or causes of action and any costs and expenses associated therewith(including any attorneys' fees the Plan Sponsor may incur or be asked to pay) arising under any law. 5.10 Plan Sponsor is Plan Administrator. Plan Sponsor is the Plan Administrator within the meaning of Section 3(16)(A) of ERISA. Plan sponsor has the sole, complete and final discretionary authority to determine conclusively all questions concerning the administration and/or interpretation of the Plan. Plan Sponsor has authority to, and shall interpret and construe the terms of the Plan and determine all questions of eligibility and status of employees and their dependents under the Plan. Plan Sponsor's determinations are binding on all persons, subject to the claims procedures of the Plan. 5.11 Privacy Restrictions per HIPAA. This Agreement shall include provisions subjecting the parties to the terms of the Business Associate Addendum, attached as Schedule B. Such provisions shall be effective no sooner than the later of the required effective date under the HIPAA Privacy Rules 45 CFR §164.501 et al., as amended, or the effective date of this Agreement. SECTION 6 RECORDS During the term of this Agreement, the Plan Supervisor shall maintain the records and files in conjunction with the administrative services to be performed hereunder and consistent with the federal record retention requirements. All records and files generated are, and will remain,the property of the Plan Sponsor. Upon termination of this Agreement, all records and files in the Plan Supervisor's possession will be returned to the Plan Sponsor and Plan Sponsor will thereafter be solely responsible for retention of such records and files. The term"records and files"shall include the claim files, election forms, and claim reimbursement forms. SECTION 7 TERMINATION 7.1 Sixty-Day Notice. This Agreement shall continue indefinitely until either party shall give the other party not less than sixty (60) days advance written notice of its intent to terminate. /615 7.2 Funding. Notwithstanding the provisions of Section 7.1,the Plan Supervisor may,at its sole discretion,terminate this Agreement at any time in the event that the Plan Sponsor fails to properly fund the Plan within ten (10)business days of receiving a request to do so from the Plan Supervisor. 7.3 Bankruptcy and Insolvency. Notwithstanding the provisions of Section 7.1, either party may terminate this Agreement immediately in the event that other party files for bankruptcy, or becomes insolvent such that in the case of the Plan Sponsor, its liabilities exceed its assets and Plan Sponsor is unable to meet its ongoing obligations and in the case of the Plan Supervisor, its liabilities exceed its assets and the Plan Supervisor is unable to meet its ongoing obligations. 7.4 Termination. In the event this Agreement terminates,the Plan Supervisor and the Plan Sponsor may agree in writing to have the Plan Supervisor process the incurred but unpaid claims as of the date of termination for such length of time as the parties determine appropriate. ARC processing fees for such length of time shall be the ARC rates immediately prior to termination. SECTION 8 MISCELLANEOUS PROVISIONS 8.1 Severability. If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and this Agreement shall be construed and enforced as if such provision had not been included. 8.2 Amendment. This Agreement may be amended by the Plan Supervisor and the Plan Sponsor at any time by mutual written consent of both parties. No amendment,under any circumstances,may prejudice or reduce any benefits which might be paid for any cause prior to the amendment. 8.3 Entire Agreement. This Agreement is the entire agreement of the parties and supersedes all prior contracts,representations, understandings,memoranda and other communications between the parties. 8.4 Governing Law; Jurisdiction. This Agreement will be construed as to both validity and performance and governed by and enforced in accordance with the laws of the State of Minnesota. Any legal action relating to this Agreement must be brought in a court located in the State of Minnesota. 8.5 Waiver. Failure to enforce any provision of this Agreement does not affect the rights of the parties to enforce such provision in another circumstance. Neither does it affect the rights of the parties to enforce any other provision of this Agreement at any time. IN WITNESS WHEREOF, Plan,Plan Sponsor and Plan Supervisor have executed this Agreement effective the date stated in the first paragraph of this Agreement. In signing below, the Plan and the Plan Sponsor acknowledges receipt,understanding, and approval of the Agreement and the attached Schedule A, Schedule B and Schedule C.. PLAN SPONSOR PLAN SUPERVISOR CITY OF EDEN PRAIRIE ADMINISTRATION RESOURCES CORPORATION By: By: Its: Mayor Its: By: Its: City Manager Date: Date: With Regard to Schedule B Only: PLAN REPRESENTATIVE By: City of Eden Prairie Plan Representative il SCHEDULE A CITY OF EDEN PRAIRIE EFFECTIVE JUNE 1,2004 The Plan Supervisor shall receive fees for services rendered as reasonable compensation for administering the Plans during the time period identified above. An initial to the left of an item below indicates Plan Sponsor requests Plan Supervisor to provide the service for the fee indicated. A. Processing and record keeping services Please Initial group set up,process requests for reimbursement, issue checks to Initial to participants, customer service via telephone and/or letter. Authorize Service Flexible Spending Plan(Minimum fee$100 per month) $4.15 per month per participant(bi-weekly, semi-monthly,monthly processing) or $4.65 per month per participant(weekly or daily processing) (For this purpose, "participant"includes any terminated participant who has an account balance during the month) B. Additional optional services available 1. Set-Up/Installation/Communication Services: N/C Standard communication package $475 Plan Document and SPD, for review by legal counsel (one camera-ready copy) ($2.00 for each additional copy) $250 Amendments to Plan and/or SPD initially drafted by ARC (or Summary of Material Modifications),for review by legal counsel N/C ARC website for participant account claims,payments, and balance inquiry and interactive reimbursement claim form $250 Annual fee for maintenance of customized plan materials and documents on ARC website $275 Per employee meeting(plus travel expenses). Subsequent contiguous meetings at same location are available at$150 per meeting 2. Ongoing Administration Services: $25 Per operating location per month for processing by/for multiple sites $20* Per wire transfer to fund ARC reimbursement checks via wire transfer $100 Extension of run-out period beyond existing period(plus plan amendment fee) 3. Reporting and Compliance Services: $325 Per each non-discrimination test *No charge for funding checks via ACH or check. q SCHEDULE B BUSINESS ASSOCIATE ADDENDUM RECITALS WHEREAS, Covered Entity has access to certain medical information of Individuals and, as a result, is obligated to comply with the Privacy Rules of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"); WHEREAS, Covered Entity and Business Associate have a business relationship, manifested by the Services Agreement("Agreement"), of which the terms of this Business Associate Addendum are incorporated herein under this Schedule B; and WHEREAS,Business Associate has access to Protected Health Information and Covered Entity desires to and is required by law to obtain assurances from the Business Associate as to the protection and the confidentiality of Protected Health Information. NOW,THEREFORE,under this Schedule B, as part of the Agreement,it is agreed by and between the parties hereto as follows: SECTION 1 DEFINITIONS Catch-all definition: Terms used,but not otherwise defined,in this Agreement shall have the same meaning as those terms in 45 CFR 160.103 and 164.501. Examples of specific definitions: (a)Business Associate. "Business Associate" shall mean the Plan Supervisor, as defined in the Agreement. (b)Covered Entity. "Covered Entity" shall mean the Plan itself as defined in the Agreement. (c)Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). (d)Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. (e)Protected Health Information. "Protected Health Information" shall have the same meaning as the term"protected health information" in 45 CFR 164.501,limited to the information created or received by Business Associate from or on behalf of Covered Entity. (f)Required By Law. "Required By Law" shall have the same meaning as the term"required by law" in 45 CFR 164.501. (g) Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee. SECTION 2 OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE (a) Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement or as Required by Law. (b) Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. (c) Business Associate agrees to mitigate,to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. (d) Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware. (e) Business Associate agrees to ensure that any agent, including a subcontractor,to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. (f) Business Associate agrees to provide access, at the request of Covered Entity, and in the time and manner mutually agreed to by Business Associate and Covered Entity, to Protected Health Information in a Designated Record Set,to Covered Entity or, as directed by Covered Entity,to an Individual in order to meet the requirements under 45 CFR 164.524. (g) Business Associate agrees to make amendment(s)to Protected Health Information in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.524 at the request of Covered Entity or an Individual, and in the time and manner mutually agreed to by Business Associate, Covered Entity and an Individual. (h) Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to the Covered Entity, or at the request of the Covered Entity to the Secretary, in a time and manner designated by the Covered Entity or the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. (i) Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (j) Business Associate agrees to provide to Covered Entity or an Individual, in time and manner designated by Covered Entity, information collected in accordance with Section 2 of this Schedule B,to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. SECTION 3 PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE; GENERAL USE AND DISCLOSURE Except as otherwise limited in this Schedule B,Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement, of which this Schedule B is incorporated,provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity. 7 /CO SECTION 4 SPECIFIC USE AND DISCLOSURE PROVISIONS (a) Except as otherwise limited in this Schedule B,Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. (b) Except as otherwise limited in this Schedule B,Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Agreement,Business Associate may use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B). SECTION 5 OBLIGATIONS OF COVERED ENTITY (a) Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 CFR 164.520, as well as any changes to such notice. (b) Covered Entity shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. (c) Covered Entity shall notify Business Associate immediately in writing of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. (d) Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity, unless Business Associate must disclose Protected Health Information to perform its services stated in the service Agreement, and which the Covered Entity will have previous knowledge of such disclosure. In addition, if required by the service Agreement, Business Associate may use Protected Health Information for the data aggregation or management and administrative activities of the Business Associate. SECTION 6 TERM AND TERMINATION (a) Term. The Term of this Schedule B shall coincide with the term of the Agreement, but not later than the effective date required by law, and shall terminate when all of the Protected Health Information provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity,is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health Information,protections are extended to such information, in accordance with the termination provisions in this Section. ld (b) Termination for Cause.Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall provide an opportunity for Business Associate to cure the breach or end the violation and terminate the terms of this Agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity,or immediately terminate this Agreement if Business Associate has breached a material term of this Schedule B and cure is not possible. (c) Effect of Termination. (1) Except as provided in paragraph(2) of this section, upon termination of this Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. (2) In the event that Business Associate determines that returning or destroying the Protected Health Information is not feasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of Protected Health Information is not feasible, Business Associate shall extend the protections of this Schedule B to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction not feasible, for so long as Business Associate maintains such Protected Health Information. SECTION 7 MISCELLANEOUS (a) Regulatory References. A reference in this Schedule B to a section in the Privacy Rule means the section as in effect or as amended, and for which compliance is required. (b) Amendment. The Parties agree to take such action as is necessary to amend this Schedule B from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act,Public Law 104- 191. (c) Survival. The respective rights and obligations of Business Associate under Section 6(c). "Effect of Termination" of this Schedule B shall survive the termination of this Schedule B. (d) Interpretation. Any ambiguity in this Schedule B shall be resolved in favor of a meaning that permits Covered Entity to comply with the Privacy Rule and protect Business Associate. (e) Governing Law: Jurisdiction. This Schedule B will be construed as to both validity and performance and governed by and enforced in accordance with the laws of the State of Minnesota. Any legal action relating to this Schedule B must be brought in a court located in the State of Minnesota. (f) Waiver. Failure to enforce any provision of this Schedule B does not affect the rights of the parties to enforce such provision in another circumstance. Neither does it affect the rights of the parties to enforce any other provision of this Schedule B at any time. SCHEDULE C Municipal Contract Provisions Unless excluded by the applicable law the following provisions shall apply to this contract: 1. Definitions. The following definitions apply to this Appendix. 1.1 "Plan Sponsor" means the Plan Administrator of Eden Prairie. 1.2 "Plan Supervisor" means Administration Resources Corporation. 1.3 "Contract" means the Administrative Service Agreement between Plan Sponsor and Plan Administrator to which this Schedule C is attached. 2. Data Practices Act. The Plan Supervisor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Plan Supervisor. 3. Audits. The books, records, documents, and accounting procedures and practices of the Plan Supervisor or other parties relevant to this agreement are subject to examination by the Plan Administrator and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 4. THIS SECTION INTENTIONALLY LEFT BLANK 5. Worker's Compensation. Plan Supervisor represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Plan Administrator prior to execution of this agreement is current and in force and effect. 6. Discrimination. In performance of this contract, the Plan Supervisor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Plan Supervisor, any subcontractor of the Plan Supervisor, or any applicant for employment. The Plan Supervisor shall include a similar provision in all contracts with subcontractors to this contract. The Plan Supervisor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 7. Conflicts. No salaried officer or employee of the Plan Administrator and no member of the Board of the Plan Administrator shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. /03 8. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 9. Plan Supervisor's Prompt Payment of Subcontractors. The Plan Supervisor shall pay to any subcontractor within ten (10) days of the Plan Supervisor's receipt of payment from the Plan Administrator for undisputed services provided by the subcontractor. The Plan Supervisor shall pay interest of one and a half percent (1.5%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Plan Supervisor shall pay the actual amount due to the subcontractor. 10. Limitation of Remedies Neither party shall not be entitled to recover punitive damages in the event of a breach of the Contract. /oq CITY COUNCIL AGENDA DATE: 05/18/04 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Janet Jeremiah Slumberland JL!l-I- , Danette Moore Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Office to Regional Service Commercial on 7.18 acres; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to C-Reg-Ser on 7.18 acres; and • Adopt the Resolution for Preliminary Plat on 7.18 acres into one lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is for a 50,936 square foot commercial development for a Slumberland store and co-op grocery store. A guide plan change is required from Office to Regional Commercial. Community Planning Board Recommendation The project was first reviewed by the Community Planning Board on March 22, 2004 and continued to the April 26, 2004 Community Planning Board meeting to allow the developer to revise the architectural plans. The project was revised to incorporate additional architectural elements and shift the buildings to provide additional green space adjacent to the residential property. The Community Planning Board voted 7-0 to recommend approval of the project at the April 26, 2004 meeting. Background Information The guide plan change to commercial may have merit since the site sits at a lower elevation than the residential to the north. Existing trees and additional plantings on this site can provide an appropriate transition. Traffic from the project is less than the original office proposal. Lighting standards will be limited in height and intensity to minimize offsite impacts. CSM Corporation, the property owner to the west, is requesting that the City Council require Slumberland to build a driveway access to Topview Road. CSM Corporation agrees with the traffic consultant in recommending another access to the property that can better accommodate /05 traffic wishing to travel westbound from the retail center. CSM allows believes that there is no guarantee that Slumberland will continue in business for any duration of time and in the future it is very possible that new retailers permitted by zoning could create congestion and safety issues much more severe then those currently anticipated. The staff report to the Community Planning Board recommended the driveway connection to Topview Road. The Community Planning Board approved the plan without the driveway connection. The staff believes that an access to Topview Road has merit. If it is not built concurrent with this project, the site plan should be revised,prior to second reading, to show how such an access could be provided in the future should a new commercial use of the site occur that would have higher traffic volumes that would impact the site and Valley View Road. This will provide Slumberland and the office tenants to the west access to the signal at Topview and Valley View Road for eastbound trips. The project traffic study finds that without this access exiting traffic from these sites will experience significant delays in the P. M. peak hour at build out conditions (2020). The Riley-Purgatory-Bluff Creek Watershed District and City staff met with the consultant on May 12, 2004 to review the wetland conditions at the project site. Four individual areas were identified that had wetland signatures. The original wetland identified for the previous development was still present, but had increased in size by approximately double. The Watershed District has requested that the developer provide the following information. • Avoidance and Minimization Plan. The developer must show how the wetlands could potentially be avoided or wetland impacts minimized. The District representative stated he would consider placement of the stonnwater ponding area within the original wetland as it is within a low-lying area on site. Due to the type of wetland, excavation within this area would not require mitigation. However, the City would require placement of a wetland buffer around the pond. • Mitigation Plan. A mitigation plan must be provided. Preference would be for on-site mitigation. If stormwater ponding is proposed elsewhere on the site, the District agreed to consider this for use as Public Value Credit towards the Developer's mitigation requirements, which would require placement of a wetland buffer. • Incidental Wetland Waiver. Two of the wetlands identified may be incidental, or formed due to the historical grading on site. Historical data must be provided to verify whether this is true. These wetland items should be resolved prior to second reading. Attachments 1. Resolution for Guide Plan Change 2. Resolution for Preliminary Plat 3. Community Planning Board Minutes dated March 22, 2004 and April 26, 2004 4. Staff Reports dated March 19, 2004 and April 22, 2004 5. Letter from Dave Carland dated May 12, 2004 /06 SLUMBERLAND • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Slumberland, by C.M. Architecture P.A. for a commercial development comprised of 50,936 square feet that will provide for a future Slumberland store and Co-op grocery store; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: ADOPTED by the City Council of the City of Eden Prairie this 18th day of May, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk • /07 SLUMBERLAND CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- RESOLUTION APPROVING THE PRELIMINARY PLAT OF SLUMBERLAND FOR C.M. ARCHITECTURE P.A. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Slumberland for C.M. Architecture P.A. stamp dated May 11, 2004, and consisting of 7.18 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 18th day of May, 2004. Nancy Tyra-Lukens,Mayor ATTEST: • Kathleen A. Porta, City Clerk ID(J Planning Board Minutes March 22, 2004 Page 3 B. SLUMBERLAND by C.M.Architecture P.A. Request for Comprehensive Guide plan change from Office to Regional Commercial on 7.18 acres,Zoning District Change from Rural to C-R.eg-Ser on 7.18 acres, Site Plan Review on 7.18 acres, and Preliminary Plat of 7.18 acres into one lot. Location: Topview Road and Valley View Road. Paul Coffman of Slumberland stated it has been difficult finding good sites for their stores and they have determined the site in Eden Prairie as a good site to locate a store. Gary Fagerstrom, the architect,displayed a model of the proposed store showing the contours on the site which he said had a great deal of slope amounting to approximately a 50 foot difference from one corner to the other. He said the site is vacant and has an existing wooded area on the northern edge and residential on the east and north sides of the property; to the west of the site is an office building. The slope goes from the northeast to the southwest. Everything drains into the existing NURP pond that will be expanded and then will drain into the sewer. He stated Topview Road slopes toward the site; he described the right-in right-out access into the site. The building has a typical store front and store system. He showed the brick to be used on the exterior of the buildings to the Board members. He said this facility has more windows than they normally plan for with their stores. This will help to make it more pedestrian friendly. Franzen stated that the reports for Slumberland and Fountain are similar since it is important to treat all retail projects in a fair and consistent manner. The staff report lists several ways in which the building architecture should be changed to make it look less like a big box and add more architectural detail. Since staff are not trained architects, it would be more appropriate to provide physical examples of retail recently built in the metro area that would satisfy the conditions in the staff report. The Slumberland architect is the trained professional that should take ideas and transform them into a physical reality. Good examples are the main street retail or Shoppes at Arbor Lakes in Maple Grove,representing a collection of small and medium size retail but with a pedestrian emphasis and human scale architecture. Franzen summarized the three main issues with the project as use of the property with, traffic and access to Topview Road, and third, architectural and landscaping. Staff is not comfortable with the plan as proposed and is recommending a continuance. The public offered no comments. Nelson asked the architect what the sides and back look like architecturally. Fagerstrom showed the Board a model of the building and explained there are a pedestrian side and a utility side which is typical of retail buildings in that the less /oq Planning Board Minutes March 22, 2004 Page 4 public areas are not as attractive. Nelson stated there will be residents looking down on this site at the back of the building. Fagerstrom responded the site is heavily wooded and it's difficult to see through the trees onto the site. Nelson asked staff to explain the access from Topview Road and how they envision the traffic flow through this site. Fagerstrom responded that they reviewed this access with city staff a number of times and Slumberland believes it's unsafe to put an entrance onto Topview. He said there is a lot of slope and when it's icy and snowy there are some problems. When CSM tried to develop this area, they asked residents if they felt unsafe on Topview Road and whether they thought it would be more or less safe with an intersection. The residents said it would be less safe. Gray stated that in addition to an access to Valley View Road, staff is asking for access to Topview Road. He stated this site is difficult for this type of use. The difficulty is that they want a right-in right-out on Valley View Road. Traffic studies indicate there would be an impact on the actual traffic capacity on Valley View Road in the future. He said when looking at the office environment which generates a lot of p.m. traffic, it was decided that for this project there should be right-in,right-out access to both roads. In this particular case part of the dilemma is the change in land use. Staff believes that the single right-in, right-out will result in a situation similar to the Lunds store on Prairie Center Drive. They had full access on Franlo Road and a right-in, right-out access off of Prairie Center Drive which was inconvenient for their customers. The Slumberland location would have a cross access to the properties across from the store but the customers likely will not use the cross access because they feel uncomfortable cutting across an office or retail site. He stated the concern with access is a minor one at the present time. Fagerstrom stated that traffic going east on Valley View would be faced with that same situation even with a right-in right-out on Topview. They would have to make a u-turn or go up to Topview and turn around. Stoelting asked Fagerstrom to show an example of how traffic would flow in and out of the site. Fagerstrom showed a map and indicated the intersection and how if the turn was missed the customers would have to continue to Topview Road and then turn around. Stoelting stated it looks as though customers would be driving through the office building property to get to the Slumberland area and asked him to address this situation. Fagerstrom responded the parking is on the north side of the building and traffic to Slumberland would be primarily weekends and evenings whereas the office traffic would be weekdays. Coffman stated they are concerned with their reputation and safety is important. Gray stated the traffic flow is the concern and whether commercial trucks will be making u-turns. The intersection at Topview and Valley View and the cross access will become a problem. I/O Planning Board Minutes March 22, 2004 Page 5 Nelson asked the proponent if the request by staff that the loading and trash areas need to be screened is a problem. Fagerstrom responded they are planning to screen the areas.Nelson asked if they plan on any other signs on the building in addition to the one on the front. Frank Hickey of Signia Design stated that there are a couple of options available for Slumberland. The first option would be a smaller ground base sign at the entrance and one in the front of the building and on the southeast side of the building. He said another option would be a larger pylon sign by Home Depot which would help traffic to see Slumberland coming up; signs are designed appropriate for the site. Nelson asked if they plan to have a tall sign for that site. He responded they would follow city requirements for signs. He said they have electronic reader boards on some of their sites but at this site it is not necessary. Brooks stated he doesn't have a problem with the guide plan change or the zoning change but the traffic on Topview Road is a problem. He said delivery trucks to Slumberland and the grocery store are not going have problems finding the location and he was pleased that the City isn't going to allow traffic to cause problems on Valley View Road. He said the challenge is the appearance of the large box retail and traveling down Topview Road and seeing the roof tops. There may be tree coverage in the spring and summer but over the long winter, the roof will be visible. He asked staff how much of the roof is actually seen. Franzen responded the parapet wall will work but from Valley View but not from Topview Road since it is higher than the building. Brooks asked if the City is actively recruiting other retailers to locate in Eden Prairie or is the City waiting for the developers to initiate contact. Franzen stated the City waits for the developer to approach the City. Brooks stated the City did a good job in relocating Costco and asked if there would be another site to locate a Slumberland store. Franzen responded there is a limited amount of land and due to the size of the building, there wouldn't be any sites large enough. Foote stated that in general he agrees with Brooks and had no problem going from Office to Regional Commercial. He asked Gray who would generate more traffic, office or regional commercial. Gray responded office areas have more peak hour traffic than commercial. Foote asked if there is a means to direct traffic from the Home Depot intersection with signage to direct traffic to Slumberland. Franzen responded there are directional signs that could be added but they would need permission from other property owners. Foote stated he remembered discussion regarding connecting a road to Topview and he would have a problem with that. Franzen responded there is logic as to where they put the access point and logic as to where they did plantings. The driveway needs to be a certain distance from the intersection for stacking.He said the Wal-Mart area has an eight percent grade which people are able to navigate. He said if you're traveling down a hill and can't see the intersection it is more problematic if there is ice or unsafe conditions.If there's some warning that an intersection is ahead, it gives the driver time to react and slow down in plenty of time. �11 Planning Board Minutes March 22, 2004 Page 6 Stoelting stated there has been concern about stacking during peak hours when there would be more office traffic. Sutherland asked if Slumberland has experience with other sites with the right-in, right-out access. Coffman responded he couldn't think of another store with that type of access. Franzen stated he's done a lot of furniture shopping lately and the stores he has been to don't have full road access. He said customers can go to any furniture store and find plenty of parking because people don't go shopping for furniture every day; they know the location of the store and it's a destination. Nelson stated given the site an appropriate box version would be a good fit in the area with Home Depot and Menards. She said she has no problems with more side parapets and screening of the trash area. Stoelting asked if there is a drive through for the grocery store. Fagerstrom responded there was and he displayed the site map and indicated the location of the drive through. Stoelting asked him to describe a co-op grocery store. Fagerstrom • responded a co-op is a natural foods grocery store and customers need a membership. Although anyone can shop there, it is more expensive if they are not a member. Stoelting stated he agreed with a guide plan change to Regional Commercial. Sutherland asked Fagerstrom to go through the recommendations in the staff report and comment on each one. 1. Create front door architecture all sides of the "Big Box"buildings. Fagerstrom responded they addressed the front door architecture and tried to do the public sides to look like an entrance. He stated strip malls have the buildings close to the sidewalk and they don't have a utility side; with larger box type facilities like Best Buy and Circuit City there is definitely a front and back entrance so that truck traffic is separated to the back of the building. 2. Create architectural diversity through varying the placement of windows, parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. He said they tried to diversify with changing the color with a variety of brick. He said they did change parapet height and location. There is an area set out from the main face of the building so it's not a flat wall. In a smaller multiuse development there are many front doors and there is diversity through parapets and windows. Fagerstrom responded they are offsetting the brick which should make it more interesting. There are vertical and horizontal elements relieving the plane that's there. He said there is a canopy that makes it more pedestrian friendly. Planning Board Minutes March 22,2004 Page 7 The co-op has a canopy that is metal and cantilevers over the area. Franzen stated it has to do with scale; with a large building they need to go out more than two inches from the building and whether its six inches or a foot they need to rely on the architect's expertise to get where they need to be. 3. Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. Fagerstrom stated the plantings for the Slumberland building will be in front of the building. They are not sure about the grocery store yet. Sutherland asked how the building enhances pedestrian movement. The architect responded the architectural elements that enhance pedestrian movement include the windows and the visual aspect. 4. Building design shall avoid a square box building footprint. Fagerstrom said the best format for retail is a big box. If it were multi-tenant and a smaller retail facility it would be easier to make it less boxy, Slumberland doesn't have a linear footprint. 5. Use decorative pilasters, moldings, cornices, arches, arched windows, natural stone and other façade treatments to visually reduce the scale of the building. Fagerstrom stated they haven't done much of that.Nelson asked if they have ever done bump out bay windows where they could set up a room full of furniture which would allow for advertising and would change the big box image. Coffman stated they haven't done that because people tend to feel they're in a fish tank and observed by too many people outside the store. 6. Building entrances shall be designed to give a human scale for pedestrian interest. Fagerstrom stated they have done that with the canopies and the store front. As far as doing it at human scale it will seem inviting with the canopy. Sutherland asked if they are building the grocery store and leasing it. He questioned why the front of the Slumberland store seemed so much more elaborate than the grocery store. The architect responded they are leasing the building. The grocery store is more utilitarian and windows are limited; a furniture store needs to be more attractive. Sutherland asked about trees around the front entrance. The architect responded they will be similar to the Minnetonka Slumberland which has a similar setback, arch and canopy. 7. Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. Fagerstrom stated they have done some of that on the front and very limited on the sides of the building. He stated the side between the buildings is the biggest concern because the buildings are close together. In order to provide more landscaping space between the buildings,the Slumberland building would have to be moved to the east. /13 Planning Board Minutes March 22, 2004 Page 8 8. The loading and trash areas need to be screened. Staff recommends a masonry wall and a roof over the top. He said they don't have a problem with screening but would prefer not to do a roof over the trash area. Sutherland asked about screening of the mechanical equipment. Fagerstrom responded they would do it if the City required it but it often doesn't look as good with a screen. 9. Relocate the parking from the north side of the site to the west. The additional 20 feet of green area gained will provide more room for plantings. Fagerstrom said they would have to move the building to the east, relocate parking on the north side to the west and allow more space for plantings. He said Slumberland feels screening is sufficient due to the amount of trees already existing. Sutherland asked about the height and location of the retaining wall. The architect showed a model and described the wall's locations. He said the wall would vary in height from a lowest point of 6 - 8 feet up to 18 feet in height. Stoelting asked if the board members had any issues regarding this proposal they felt strongly about. Brooks stated it's been a long time since the Board has heard an item with so many open items. He said his recommendation would be a continuance to resolve the open issues that were just discussed. Brooks stated he would be for Option 2 and making the changes staff is requesting and the proponent should work with the co-op for more creativity with their building. Nelson stated she would be comfortable with approving the plan subject to the parapets and covering the trash enclosures. She said she was comfortable with Option 1 with a couple of recommended changes. Foote stated with some of the changes implemented he could support the project. He said ten items is more than he recalls seeing in the past. If some of those were worked on it could be a very nice project. He said he doesn't have a problem with the traffic or road situation and he would support Option 2. Sutherland agreed with Brooks and was okay with the guide plan change. He said the architect responded to the staff recommendations in a straightforward manner and some of suggestions have room for negotiation. Sutherland stated he would like to see that these items resolved and would support Option 2. Stoelting stated he is okay with the guide plan change and this is a good location for this project. He said the consensus appears to be that the Board would like to continue the project to the April 26 meeting to work on these issues. He asked the proponent whether a continuance would be a hardship. /Iy Planning Board Minutes March 22, 2004 Page 9 Coffman stated he was not sure what the City staff was asking for with the recommendations. Franzen stated they need to look at some of the add-ons that provide articulation to the outside of the building to make it look more interesting. Coffman said they would be willing to accept a continuance and work with staff. MOTION by Brooks, second by Foote,to recommend a continuance to the April 26, 2004 meeting, directing the proponent to work with staff on the ten items in the staff report dated March 19, addressing the architectural designs of both buildings, and screening of the roofline for drivers traveling down Topview Road. Motion carried, 5-0 • I15 Community Planning Board April 26, 2004 Page 3 B. SLUMBERLAND (continued) by C. M. Architecture P.A. Request for Comprehensive Guide Plan Change from Office to Regional Service Commercial on 7.18 acres, Zoning District Change from Rural to C-Reg-Ser on 7.18 acres, Site Plan Review on 7.18 acres, Preliminary Plat on 7.18 acres into one lot. Mr. Gary Fagerstrom, Siemik Architecture, said that they have met with staff to work on unresolved issues. Mr. Fagerstrom said that the biggest change was that there were two buildings and now there is one building which has moved the building further west and created more green space. Mr. Fagerstrom said that they have worked with staff closely to develop a look that staff was comfortable with which resulted in arches over the windows and some relief on the front façade. Franzen said that the Board looked at this project about one month ago and the direction was to revise the architecture and the site plan. The changes that Slumberland has made with the plans such as putting the buildings together, putting the plaza area in the front, and changes in the building architecture, has satisfied staff and staff recommends approval. Seymour asked Al Gray, City Engineer, to describe the traffic flow on this site. Gray said that this site has a right-in and right-out access to Valley View Road with a median in place. There is cross access available through the site immediately to the west. When this site was last reviewed as an office building, the site would benefit from an access to Topview Road and access to Valley View Road. This proposal now is for retail with a different traffic pattern and the applicant was asked to do a detailed traffic analysis. The traffic would occur at all periods of the day and not at a certain peak hour. The timing of traffic would not present a problem with a right-in, right-out on Valley View Road only. Gray said the applicant, based on their analysis, decided to have a right-in, right-out access onto Valley View Road and this would be adequate for their business. Brooks asked if Slumberland decided at a later d ate that they needed the other access, is the plan laid out so that would be feasible. Gray indicated that it would not be possible unless significant grading was completed. Gray said that Slumberland should decide that now or it would be very difficult to build in the future. Stoltz asked the applicant why they decided not to add an entrance by Topview Road. Mr. Paul Kaufman, Slumberland, said that the major reason is the safety factor. Mr. Kaufman said that the neighbors had a signed petition saying that the hill was JI6 • Community Planning Board April 26, 2004 Page 4 very steep and could be a dangerous situation. Mr. Kaufman said that Slumberland agreed. Rocher said he assumed the road parallel to Valley View Road that goes to the west by the office building would be a way people could get out. Gray said that yes, that road is the cross-access between the two sites. MOTION by Sutherland, seconded by Brooks, to close the public hearing. Motion carried 7-0. MOTION by Sutherland, seconded by Brooks, to recommend approval of the request of a Comprehensive Guide Plan Change from Office to Regional Commercial on 7.18 acres; Zoning District Change from Rural to C-Reg-Ser on 7.18 acres; Site Plan Review on 7.18 acres; Preliminary Plat of 7.18 acres into one lot. Motion carried 7-0. • STAFF REPORT TO: Community Planning Board THROUGH: Michael D. Franzen, City Planner FROM: Danette M. Moore, Planner II DATE: March 19, 2004 SUBJECT: Slumberland APPLICANT: C.M. Architecture, P.A. OWNER: Menard, Inc. LOCATION: Northwest corner of Topview Road and Valley View Road REQUEST: 1. Compmhensive Guide Plan Change from Office to Regional Commercial on 7.18 acres 2. Zoning District Change from Rural to C-Reg-Ser on 7.18 acres 3. Site Plan Review on 7.18 acres 4. Preliminary Plat of 7.18 acres into one lot 1 I'3 area Location Mai., - Slumberland Northwest corner of Valley View Road and Topview Road .•,...:.... - 1.-...1;:],...::.,,,,.-.f.i.....,....r:-•:::::.(•.::::\ ,c1..:..„:::::::-..,..:::::.„..,:,„:,...:,...„.:.,......„,..,,,,,,,-„,..,:"::.,.:„.....-1,.. r ... .:.:..:.::: T \ r ...:.. .... ... I • --max .1 ... .... .. ... .•� ..............::.._;. ...:.......... .-1. , ,r ..r -� .....•, F I:..v.._...::.::._:-.1 L:.::..:.:..:::::::L:'r. .r-:::e: 'e'' 'r - :��:::...i:::,:: r i I ./: .:......: ., .::.:: i. . - . :.....:/a.. ...... .. . 1 .:.:, • \ 1 . ...:.:::::::':'.::..:.::: I , .. :. , . I , .. L, Roberts Dr!ve _:W.�� ::�:.:::.::::� �;;::;:isi::� :::;::-:i::i::' :' :`'�';'' y. +. • 441 — I i__,_:.I 1 I'4.1 is ...- .I :..._(• ', - .. ��` .,:f ... i_., ....1,; ` ...... ._... .. ,,.ft.,:::„.-.. ....17,-„,..4,.„:„„,.,:.„,,,,...:!ii,,!,..::::,r,.,..... ::,,q.N.. .......... ��:. I:: Lr:::i.::::::i:::rL-eii::Se�:::v::1- -:; .:.� .i':'::;:.... ..: :. f. , r-: r:. k:. 9..r /pp, .. .. :..:;:::.::.:::.. • plaza Driv e • :. :..... ..... r ...... .::.:............. '.'1 .... :d.. .:. . .. ::�:.ry.:. .:..:: Vfle. 1ew:Road :... - � aV 3.. I . . .. . . 'isr. .. 7 . • ' `: ' Prairie Center Drive ' ':.,_'.......:.'•��=�-�' ....... ..........::. ..... ...... . ..:.:::..::..: 4 . .................. ..... __. • • • :..::..:::..... I I 9 Staff Report—Slumberland March 19, 2004 BACKGROUND This site is currently guided Office and zoned Rural. Surrounding zoning is Rural and R1-22 to the north, Industrial to the west, Regional Service Commercial to the south, and R1-22 to the east. The property abuts Valley View Road to the south and Topview Road to the east. COMPREHENSIVE PLAN AMENDMENT The project includes a guide plan change from Office to Regional Commercial. This site was originally guided Medium Density Residential for the north 2.39 acres of the site and Regional Commercial for the remaining 4.79 acres next to Valley View Road. In 2001 the City approved a guide plan change to Office based on the following reasons: • Less daily and peak hour traffic. • If the site were developed according to the guide plan a total of 24 multiple family units and 41,730 to 83,460 square feet of regional commercial uses are possible. Regional commercial uses can include hotel,restaurant, convenience gas, auto dealerships, office, and other general retail uses. • The proposed office building was two stories and 100,000 square feet and was later changed to a one story, 74,000 square foot office building. • Less evening and weekend traffic. • Lower light levels. • A smaller loading area. • Less truck traffic. Over the last twenty years, 98% of the projects have been approved consistent with the Comprehensive Guide Plan. The guide plan changes approved by the City have been based on compelling reasons. Compelling reasons generally fall in the following categories: • Preservation of Open Space This is preservation of open space beyond what is typically required by code.An example is Hennepin Village where 40% (70 of 240 acres) is preserved and dedicated to the City. • Meeting a Housing Goal For Senior or Affordable Housing The 1995 Senior Issues Task force identified a need to provide for all types of senior housing. Summit Place provides 325 units of senior housing, including townhouse, apartment, and assisted living. Staff Report—Slumberland March 19, 2004 Affordable housing as part of a mixed land use plan. An example is Starring Lake Townhouses off Anderson Lakes Parkway and Columbine Road. • Eliminate a Land Use Incompatibility Hartford Commons east of the Eden Prairie Center converted 20 acres of commercial to attached housing. The surrounding area was single family,twin homes and townhouses. • Preservation of Natural Features An example would be United Health Group 2001 PUD.The planned development is mixed land use including residential, commercial, and office use. A visually prominent 10 acre wooded knoll is preserved adjacent to where Crosstown Highway and Highway 212 split. SITE PLAN The site plan shows a 34,925 sq. ft. Slumberland and a 16,011 Natural Co-op grocery store. The Base and Floor Area Ratio is 0.16. City Code permits up to a.20 BAR and a.40 FAR in the Commercial Regional Service zoning district. City Code requires 307 parking spaces. The plan shows 307 parking spaces. The building and parking meet required setbacks. TREE LOSS AND LANDSCAPING The site contains 200 inches of significant trees. The required tree replacement is 266 caliper inches Landscaping is required based on building size and height for a total of 160 caliper inches. • The plan meets the landscaping and tree replacement requirements. All landscaping shall be provided with an irrigation system ARCHITECTURE The building is approximately 19 feet tall. The maximum height permitted is 40.feet. The building meets City code for exterior materials of not less than 75% face brick and glass. The proposed"Big Box"retail is typical of suburban commercial development and provides some uses that would be a convenience to the residents of the City.There may be other more appropriate types of retail such as the main street retail or Shoppes at Arbor Lakes in Maple Grove,representing a collection of small and medium size retail but with a pedestrian emphasis and human scale architecture 7 t;GI Staff Report—Slumberland March 19, 2004 If the market is unwilling to support such a concept in Eden Prairie,how could the proposed plan be modified to create the same sense of place; the image, the pedestrian sensitivity, and human scale architecture? The staff recommends the following changes to the plan: 1. Create front door architecture on all sides of the "Big Box"buildings. 2. Create architectural diversity through varying the placement of windows, parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. 3. Building design shall avoid a square box building footprint. 4. Use decorative pilasters, moldings, cornices, arches, arched windows,natural stone and other façade treatments to visually reduce the scale of thebuilding. 5. Building entrances shall be designed to give a human scale for pedestrian interest. 6. Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. A parapet wall will be necessary if any rooftop mechanical equipment is implemented. The loading and trash areas need to be screened. Staff recommends a masonry wall and a roof over the top. UTILITIES AND DRAINAGE An existing pond on the southwest portion of the site is proposed to be enlarged. Storm water will be treated to NURP standards. Utilities are available from Valley View Road. LIGHTING Since the site is adjacent to residential, all site lighting shall be restricted to downcast cut-off shoebox fixtures not to exceed 20 feet in height. TRANSITION The City code requires a transition where there are differences in land use,building mass,height, densities, and site intensity. Transitions may be accomplished by increased setbacks, berming, plantings, larger lot sizes, lower densities, lower floor area ratios, and smaller buildings. The proposed plan relies exclusively on the use of plant materials to provide a transition, since it is not physically possible to create a berm due to the sloping nature of the site and minimal setback to property lines. Plantings alone do not provide an appropriate transition. The trees are small at the ii Staff Report—Slumberland March 19, 2004 time of planting and it will take 10 years or more to create something meaningful. The amount of land area devoted to plantings is limited. Tree plantings are appropriate where the differences in density and building size between proposed and existing neighborhoods are minimal. Without reducing the building square footage, one option to improve transition is to relocate the parking from the north side of the site to the west. The additional 20 feet of green area gained will provide more room for plantings. • TRAFFIC STUDY • The traffic study for the project evaluates the impacts on roadways in the northwest quadrant of Valley View Road and Topview Road. The following is a summary of the key findings of the traffic study: 1. The project is expected to generate 1944 daily trips and 100 p.m. peak hour trips (including a Topview Road right-in/right-out access). 2. Under existing and 2005 conditions, all key intersections around the project are expected to operate at acceptable levels of service with or without the proposed project. 3. Under 2020 conditions, additional lanes will need to be created and existing lanes lengthened. 4. It would be beneficial for site access to the project if a right-in/right-out only access along Topview Road were provided. SUMMARY The Community Planning Board should discuss the following questions. 1. Should the land remain guided office or changed to Regional Commercial as proposed by Slumberland.? 2. Is the transition between land uses adequate? Changing the guide plan back to regional commercial creates a more intense use of the property. While Slumberland and a grocery store maybe low traffic generators, the commercial zoning districts allow all types of retail. Once the site is zoned the City could not preclude other more intense retail uses, such as Best Buy or restaurants from occupying the building. Only if the building or site were altered would the City have the authority to review a change. 1;3 Staff Report—Slumberland March 19, 2004 In addition to the guide plan change there are two primary site plan issues. One is access,the other is architecture. The site is adjacent to a signalized intersection and no driveway access to Topview Road is proposed. Due to the medians in Valley View Road and the required spacing between intersections there is no safe opportunity to create a median cut to serve this site. This site should take advantage of a signalized intersection to evenly distribute traffic and to take advantage of a safe and controlled intersection. The propose office site plan in 2001 had a direct access to Topview Road. The proposed "Big Box" retail is typical of suburban commercial development and provides some uses that would be a convenience to the residents of the City. There may be other more appropriate types of retail such as the main street retail or Shoppes at Arbor Lakes in Maple Grove,representing a collection of small and medium size retail but with a pedestrian emphasis and human scale architecture If the market is unwilling to support such a concept in Eden Prairie,how could the proposed plan be modified to create the same sense of place; the image, the pedestrian sensitivity, and human scale architecture? The staff recommends the following changes to the plan. 1. Create front door architecture all sides of the"Big Box"buildings. 2. Create architectural diversity through varying the placement of windows,parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. 3. Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. . 4. Building design shall avoid a square box building footprint. 5. Use decorative pilasters, moldings, cornices, arches, arched windows, natural stone and other façade treatments to visually reduce the scale of the building. 6. Building entrances shall be designed to give a human scale for pedestrian interest. 7. Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. 8. The loading and trash areas need to be screened. Staff recommends a masonry wall and a roof over the top. 9. Relocate the parking from the north side of the site to the west. The additional 20 feet of green area gained will provide more room for plantings. • �a� Staff Report—Slumberland March 19, 2004 STAFF RECOMMENDATION Option 1 Recommend approval of the following request: • Comprehensive Guide Plan Change from Office to Regional Commercial on 7.18 acres • Zoning District Change from Rural to C-Reg-Ser on 7.18 acres • Site Plan Review on 7.18 acres • Preliminary Plat of 7.18 acres into one lot This is based on plans dated January 12, 2004, and the following conditions: 1. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 3. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the tree replacement/landscaping for 426 caliper inches. B. Provide a plan for screening of mechanical equipment that includes the roofline of the building and the location and height of equipment. C. Pay the Cash Park Fee. • Option 2 Recommend a continuance of the project to the April 26,2004,Community Planning Board meeting and direct the proponent to revise the plans as follows. 1. Create front door architecture all sides of the "Big Box"buildings. I 1a5 Staff Report—Slumberland March 19, 2004 2. Create architectural diversity through varying the placement of windows,parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. 3. Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. 4. Building design shall avoid a square box building footprint. 5. Use decorative pilasters, moldings, cornices, arches, arched windows,natural stone and other façade treatments to visually reduce the scale of the building. 6. Building entrances shall be designed to give a human scale for pedestrian interest. 7. Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. 8. The loading and trash areas need to be screened. Staff recommends a masonry wall and a roof over the top. 9. Screening of mechanical equipment should be provided in a plan that includes the roofline and location and height of equipment. 10. Relocate the parking from the north side of the site to the west. The additional 20 feet of green area gained will provide more room for plantings. Option 3 Recommend denial of the project based on the following. 1. The proposal is inconsistent with the Comprehensive Guide Plan. 2. Inadequate transition between land uses. 3. No connection to Topview Road. 4. High tree loss. Staff Recommends Option 2 • STAFF REPORT TO: Community Planning Board THROUGH: Michael D. Franzen, City Planner FROM: Danette M. Moore, Planner II DATE: April 22, 2004 SUBJECT: Slumberland APPLICANT: C.M. Architecture,P.A. OWNER: • Menard, Inc. LOCATION: Northwest corner of Topview Road and Valley View Road REQUEST: 1. Comprehensive Guide Plan Change from Office to Regional Commercial on 7.18 acres 2. Zoning District Change from Rural to C-Reg-Ser on 7.18 acres 3. Site Plan Review on 7.18 acres 4. Preliminary Plat of 7.18 acres into one lot Area Location Mat - Slumberland Northwest corner of Valley View Road and Topview Road fit.' _ - :: ,--7-1_/' mo • - - I r_ t.... •i .1 i II; I Fx iy „ • • /)st .. ..:....:..F.... ....:: ...,... .-i:...:.:.lam_ '.. t { • : ..........:.. r a r , .. ::::;..:: �` 3 -� Roberts Drive ( : _.i • • I— t_ '- � y • I {k - • �I.:..: F.--r.-.:.��:� ...... �...J F ..:...:....:_�:.::�:::..�,�..:_:=;::'�::i:_;:':.- `ter...:::.. ......�. - • . --•-"q.._� ::.... :.... ttL..,...1• F.^^'1.,::.::.:-,,...::.:...:...::....:.::......: :. +.:. :.r;::.'!?[':..: ,"ii: �:i[�:i`:::u�"lei.-ii:;:; : ,._ r..�_ .. ,_.m. .��:;,'.::.:.:::.. ._,::::,:;.;.., ;;.: ..;..:.;' �r To vrew•.Road: - ......:::.: I ;.L'i\::i''ii',J.1.1.;!1-..1,i..;,1.•',...._:.,.,!,.•:,:...,....;:::.!...,...?1:..,.•..,..•.:.....•.:1....,;...,.:.•..i,...,:,. ........ -.:.... • r '' _ Plaza Drive \ i r J i _ter... .. ..•.. ,........ ........ .. ,,,-- `i:i Valle: iew ..:...:::::::::::;::I: .:.... .:: • • .Road •. ::;:!::;:;.. ;,::: �..:: i • • Prairie Center Drive ' ................................ :: :.:... .::.....:.. ....... ..... ...... .::......::.:..:.:.:...:.:.... ..:.:..::..... ......::...:..: - ' o'Scale I i iii , i i i IaF • • Staff Report—Slumberland April 22, 2004 BACKGROUND This is a continued item from the March 26, 2004 meeting. At that meeting the Community Planning Board directed the developer to make the following plan changes. 1. Create front door architecture all sides of the "Big Box"buildings. 2. Create architectural diversity through varying the placement of windows, parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. 3. Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. 4. Building design shall avoid a square box building footprint. 5. Use decorative pilasters, moldings, cornices, arches, arched windows,natural stone and other façade treatments to visually reduce the scale of the building. 6. Building entrances shall be designed to give a human scale for pedestrian interest. 7. Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. 8. The loading and trash areas need to be screened. Staff recommends a masonry wall and a roof over the top. 9. Screening of mechanical equipment should be provided in a plan that includes the roofline and location and height of equipment. The developer has modified the plans consistent with the Boards recommendations. STAFF RECOMMENDATION Recommend approval of the following request: • Comprehensive Guide Plan Change from Office to Regional Commercial on 7.18 acres • Zoning District Change from Rural to C-Reg-Ser on 7.18 acres • Site Plan Review on 7.18 acres • Preliminary Plat of 7.18 acres into one lot This is based on plans dated January 12, 2004, and the following conditions: 1. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. Staff Report—Slumberland April 22, 2004 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 3. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the tree replacement/landscaping for 426 caliper inches. B. Provide a plan for screening of mechanical equipment that includes the roofline of the building and the location and height of equipment. C. Pay the Cash Park Fee. I 130 May 12, 2004 Mr. Michael D. Franzen City Planner The City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Proposed Slumberland Development CSM Corporation owns Prairie Crossroad Business Center which is located at 12980-12988 Valley View Road adjacent to the development proposed by Slumberland. Both CSM Corporation and our current tenant, PPT Vision, strongly oppose the site plan approval pending for City Council action this coming Tuesday. Our main concern is the elimination of the driveway connection with Topview Road that was recommended by the City Staff and the City's traffic consultant. CSM has previously proposed development of the property on two separate occasions. The first was for an office building, the second for a retail center similar to the one currently being proposed by Slumberland. In both instances, we were required to incorporate the Topview connection into our design. As pointed out in the traffic study, the current site plan is directly served by a single curb cut with no median crossing. Any left turn movements into or out of the site must utilize our property via a drive lane easement that was intended only to provide a secondary access to the property. We agree with the traffic consultant in recommending another access to the property that can better accommodate traffic wishing to travel westbound from the retail center. One major flaw that we see in the analysis to date is that the current site plan assumes that CSM makes modifications to our driveway and parking lanes to create a safer, and less circuitous route across our property. These modifications have not been discussed with CSM and are not required under the current easement. Finally, we want to point out that while Slumberland may generate light traffic by retail standards, there is no guarantee that Slumberland will continue in business for any duration of time, nor do we know anything about the traffic volumes and patterns of additional retailers that would be part of the development. In the future it is very possible that new retailers permitted by zoning could create congestion and safety issues much more severe then those currently anticipated. 131 For these reasons we would like to encourage the Council to adopt staffs recommendation that a connection with Topview Road be incorporated back into the approved site plan. Sincerely, Dave Carland Vice President / 3a 05/13/04 THU 10:05 FAI 612 395 7002 CSM CORP C]001 DEVELOPING REAL, ESTATE FOR PEOPLE, BUSINESS &COMMUNITIES • May 12,2004 • Mr. Michael D, Franzen . . The City of Eden Prairie . • 8080 Mitchell Road Eden Prairie,MN 55344-4485 Re: Proposed Slumberland Development CSM Corporation owns Prairie Crossroad Business Center which is located at 12980-12988 Valley View Road adjacent to the development proposed by Slumberland. Both CSM Corporation and our current tenant, PPT Vision, strongly oppose the site plan approval pending for City Council action this coming Tuesday Our main concern is the elimination of the driveway connection with Topview Road that was recommended by the City Staff and the City's traffic consultant. CSM has previously proposed development of the property on two separate occasions. The first was for . an office building, the second for a retail center similar to the one currently being proposed by Slumberland. In both instances, we were required to incorporate the Topview connection into our design. As pointed out in the traffic study, the current site plan is directly served by a single curb cut with no median crossing. Any left turn movements into or out of the Site must utilize our Property via a drive lane casement that was intended only to provide a secondary access to the property. We agree with the traffic consultant in recommending another access to the property that can better accommodate traffic wishing to travel westbound from the retail center. One major flaw that we see in the analysis to date is that the current site plan assumes that CSM makes. modifications to our driveway and parking lanes to create a safer, and less circuitous route across our property. These modifications have not been discussed with CSM and are not required under the current easement. Finally, we want to point out that while Slumberland may generate light traffic by retail standards, there is no guarantee that Slumberland will continue in business for any duration of time, nor do we know anything about the traffic volumes and patterns of additional retailers that would be part of the development. In the future it is very possible that new retailers permitted by zoning could create congestion and safety issues much more severe then those currently anticipated. For these reasons we would like to encourage the Council to adopt staffs recommendation that a connection with Topview Road he incorporated back into the approved site plan. Sincerely, Dave Carland Vice President • 500 Washington Avenue South,5uilo 3000 Minneapolis,MN 55415 • PH:(612)395.7000 F'X:(612)395.7001 •www.c mcorp.nct 135 CITY COUNCIL AGENDA DATE: 05/18/04 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Janet Jeremiah Fountain Place Retail ,P, Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from High Density Residential to Regional Commercial on 2 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 16.5 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 12.8 acres; and • Adopt the Resolution for Preliminary Plat on 16.5 acres into 3 lots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is a rezoning for 107,000 square feet of retail and restaurant uses, and a PUD concept for an additional 19,000 square feet of retail and restaurant uses. A guide plan change is required for a future retail/restaurant use at the corner of Prairie Center Drive and T.H. 212. Community Planning Board Recommendation The project was first reviewed by the Board on March 22, 2004 and continued for the developer to address architecture, screening of the loading area, tree replacement, parking setback, and a fountain. Revised plans for architecture and screening of the loading area were reviewed and found acceptable at the April 26, 2004 Community Planning Board meeting. The plans did not include the additional 363 caliper inches of tree replacement, meeting the 10-foot setback for parking along the northeast property line parking, or fountain. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council with the additional caliper inches of tree replacement,meeting the parking setback and providing a fountain. I3- City Council Agenda Public Hearings - Fountain Place Retail April 18, 2004 Page 2 Background Information A 2-acre portion of the project will require a guide plan change from High Density Residential to Regional Commercial for proposed Lot 2, Block 1, at corner of Prairie Center Drive and T.H. 212. This land use may be appropriate for the following reasons: 1. The property is zoned Commercial Regional Service consistent with the proposed guiding. 2. It is a high visibility site suited for commercial use located at an intersection with significant traffic volumes. 3. The lot size and configuration is more appropriate for retail use. The most northerly and southerly sites in the PUD are for concept approval for retail and/or restaurant uses at this time. No detailed review of site plans will take place. These two sites will require a return through the public hearing process for rezoning and site plan reviews once specific users are identified. The following waivers are requested through the Planned Unit Development. 1. Loading area within the front yard for buildings B, C, and D along Columbine Road and Castlemoor Drive. City code does not permit loading areas in a front yard. The site is surrounded by street frontages. Based on the type of uses proposed there will always be a loading area in a front yard. The revised plans shift the buildings farther south, provide a landscaped two-tiered retaining wall, and a double row of 10 and 12 foot evergreen trees. This screening plan is significantly better than the original proposal and provides the screening required by ordinance. 2. Driveway access width of 40 feet. City code maximum is 30 feet. The additional width is needed for turn lanes based on the traffic projections. The plans have not yet been revised to include the additional 363 caliper inches of tree replacement, meet a 10-foot setback for parking along the northeast property line parking, or incorporate a fountain into the project. These remaining issues should be incorporated into the Development Agreement for the project. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Reports dated March 19, 2004 and April 23, 2004 5. Community Planning Board minutes dated March 22,2004 and.April 26, 2004 6. Correspondence 1 FOUNTAIN PLACE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Fountain Place Retail by North American Properties includes a retail/restaurant use on 2 acres of the overall development project subject to an amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 2 acres from High Density Residential to Regional Commercial located at the southwest corner of T.H. 212 and Prairie Center Drive. ADOPTED by the City Council of the City of Eden Prairie this 18th day of May, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk 13. FOUNTAIN PLACE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF FOUNTAIN PLACE RETAIL FOR NORTH AMERICAN PROPERTIES WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct public hearings on March 22, 2004 and April 26, 2004 on Fountain Place Retail by North American Properties and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on May 18, 2004. NOW,THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Fountain Place Retail, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated May 11, 2004. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated April 26, 2004. ADOPTED by the City Council of the City of Eden Prairie this 18th day of May, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk 137 FOUNTAIN PLACE LEGAL DESCRIPTION Parcel I: That part of the Westerly 160.31 feet measured along the North line thereof of that part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116,Range 22 described as follows: Commencing at the Northeast corner of said Southwest Quarter of the Southwest Quarter; thence South along the East line of said Southwest Quarter of the Southwest quarter a distance of 396.6 feet to the Northerly right-of-way line of State Highway Numbers 212 and 169; thence Southwesterly along said right-of-way line a distance of 337.5 feet; thence North and parallel with the East line of said Southwest Quarter of the Southwest Quarter a distance of 605 feet to the North line of said Southwest Quarter of the Southwest Quarter; thence East along said North line 260 feet to point of commencement; Which lies Northwesterly of a line run parallel with and distant 25 feet Northwesterly of Line I described below: Line 1: Beginning at a point on the East and West Quarter line of said Section 14, distant 2,557.59 feet West of the East Quarter corner thereof; thence run Southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West Quarter line (measured from West to South) for 251.40 feet; thence deflect to the left at an angle of 07 degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at an angle of 14 degrees 28 minutes 44 seconds for 1,127.85 feet and there terminating; Except that part thereof which lies Southerly of a line run parallel with and distant 75 feet Northwesterly of Line 2 described below: Line 2: Beginning at a point on the South line of said Section 14, distant 222.91 feet East of the Southwest corner thereof; thence run Northeasterly at an angle of 36 degrees 50 minutes 54 seconds from said South section line (measured from East to North) for 1,419.89 feet and there terminating. Also, except that part of the herein before described tract adjoining and northerly of the above described strip, which lies Southeasterly of the following described line: From a point on Line 2 described above, distant 115 feet Southwesterly of its point of termination, run Northwesterly at right angles to said Line 2 for 75 feet to the point of beginning of the line to be described; thence run Westerly to a point distant 110 feet Northwesterly(measured at right angles) of a point on said Line 2, distant 200 feet Southwesterly of its point of termination; thence run Southwesterly parallel with said Line 2 for 100 feet and there terminating. 13 Parcel 2: That part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116, Range 22, lying Westerly and Northwesterly of the following described line: Commencing at the intersection of the South line of said Quarter Quarter with the Northwesterly right-of- way line of former State Highway No. 5, now State Highway No. 169; thence Northeasterly along said Northwesterly right-of-way line to a point distance 452 feet East (as measured at right angles) of the West line of said Southwest Quarter of the Southwest Quarter; thence Northwesterly at right angles to said right-of-way, 108.90 feet; thence Northeasterly at right angles a distance of 200 feet; thence Southeasterly at right angles 108.90 feet to said right-of- way line; thence Northeasterly along said Northwesterly highway line to a point thereon, distant 260 feet West at right angles from the East line of said Southwest Quarter of the Southwest Quarter; thence North to a point on the North line of said Southwest Quarter of the Southwest Quarter distant 260 feet west of the Northeast corner thereof; and said line there terminating. Except that part thereof which lies Southeasterly of a line run parallel with and distant 25 feet Northwesterly of Line 1 described below: Line 1: Beginning at a point from the East and West Quarter line of said Section 14, distant 2,557.59 feet West of the East Quarter corner thereof; thence run Southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West Quarter line (measured from West to South) for 251.40 feet; thence deflect to the left at an angle of 07 degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at an angle of 14 degrees 28 minutes 44 seconds for 1,447.85 feet and there terminating; Also excepting that part which lies southeasterly of a line run parallel with and distant 110 feet northwesterly of Line 1 described below: Line 1: From a point on the north line of Section 23, Township 116,Range 22, distant 222.91 feet east of the northwest corner thereof, run southwesterly at an angle of 36 degrees 50 minutes 54 seconds from said north section line (measured from west to south) for 302.52 feet; thence deflect to the left at an angle of 52 degrees 40 minutes 40 seconds for 730.35 feet to the point of beginning of the Line 1 to be described; thence run northerly on the last described course for 100 feet; thence deflect to the right on a tangential curve having a radius of 1,273.24 feet and a delta angle of 52 degrees 40 minutes 40 seconds for 1,170.62 feet; thence on tangent to said curve for 1,092.06 feet and there terminating. And also excepting that part thereof embraced within the plat of FOUNTAIN PLACE APARTMENTS, according to the recorded plat thereof, Hennepin County, Minnesota. And also excepting that part thereof lying southwesterly of Fountain Place and southeasterly of Columbine Road, said right-of-ways as dedicated on the plat of FOUNTAIN PLACE APARTMENTS, according to the recorded plat thereof, Hennepin County,Minnesota. That part of the following described tracts: Tract 1: That part of the Southeast Quarter of the Southwest Quarter of Section 14, Township 116, Range 22, lying northerly and westerly of State Highway No. 169 and No. 212, except that part thereof embraced within REGISTERED LAND SURVEY NO. 423. Tract 2: That part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116, Range 22, described as follows: Commencing at the northeast corner of said Southwest Quarter of the Southwest Quarter; thence South along the east line of said Southwest Quarter of the Southwest Quarter a distance of 396.6 feet to the northerly right-of-way line of State Highway No. 212 and 169; thence southwesterly along said right-of-way line a distance of 337.5 feet; thence North and parallel with the east line of said Southwest Quarter of the Southwest Quarter a distance of 605 feet to the north line of said Southwest Quarter of the Southwest Quarter; thence East along said north line 260 feet to the point of commencement, except the westerly 160.31 feet measured along the north line thereof, Which line northwesterly of a line run parallel with and distant 25 feet northwesterly of Line 1 described below: Line 1: Beginning at a point on the east and west quarter line of said Section 14, distant 2,557.59 feet west of the east quarter corner thereof; thence run southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said east and west quarter line (measured from west to south) for 251.40 feet; thence deflect to the left at an angle of 07 degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at an angle of 14 degrees 28 minutes 44 seconds for 1,027.85 feet and there terminating. Except that part of Tracts 1 and 2 hereinbefore described adjoining and northwesterly of the above described line which lies southeasterly of the following described line: From a point on Line 1 described above, distant 400 feet northeasterly of its point of termination,run northwesterly at right angles to said Line 1 for 25 feet to the point of beginning of the line to be described; thence run northeasterly to a point distant 30 feet northwesterly(measured at right angles) of a point on said Line 1, distant 500 feet northeasterly of its point of termination; thence run northeasterly parallel with said Line 1 for 300 feet and there terminating. Tracts A, B, and C, REGISTERED LAND SURVEY NO. 423 Lot 1, Block 1, CASTLE RIDGE, according to the recorded plat thereof,Hennepin County, Minnesota I LId EXHIBIT A PUD Concept- Fountain Place Retail Legal Description: ILiI FOUNTAIN PLACE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- RESOLUTION APPROVING THE PRELIMINARY PLAT OF FOUNTAIN PLACE RETAIL FOR NORTH AMERICAN PROPERTIES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Fountain Place Retail for North American Properties stamp dated May 11, 2004, and consisting of 16.5 acres into 3 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 18th day of May, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Community Planning Board THROUGH: Michael D. Franzen, City Planner FROM: Scott A. Kipp Senior Planner DATE: March 19, 2004 PROJECT: Fountain Place Retail LOCATION: West of Highway 212, east of Columbine Road, south and east of Castlemoor Drive APPLICANT NAP Southwest, L.P., a Texas limited partnership OWNERS: Carol L. Konigson Steven C. Cherne Linda J. Cherne David A. Cherne John O'Neill Alan O'Neill William F. O'Neill Jeannette E. O'Neill Brian O'Neill Ordell O'Neill Larry Mikan REQUEST: 1. Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2 acres 2. Planned Unit Development Concept Review on 16.5 acres 3. Planned Unit Development District Review with waivers on 12.8 acres 4. Zoning District Change from Rural to Commercial Regional Service on 12.8 acres 5. Site Plan Review on 12.8 acres 6. Preliminary Plat of 16.5 acres into 3 lots and road right-of-way Iy3 r , Area Location Ma•N - Fountain Place detail West of 212, east of Columbine Rd. and W. of Castlemoor `, • E..- • it / .. _ k • 2 N - -_ ..i I., j ........:. J f( ei 1 4 i • ....... ...:: .!\ \:,"•••.,....!•:i..;;;;•'.1.T:.)!::.,..:•::•.':;.•;•-.!-........: - • ti • • :, :. :. : ; y.. Castlemoor dr. ! r t. `� i ♦ .....-..:...•.. Praii"ie Cnter'Dr: ...... ! .. ... .....i. ,. ... :.., ;�::_::.:::—�:i• ....: _ :.x:✓,.._;:::::.:i!:i::i?:�:� :,.�?;:.i.:�i.fie.:ii . i f . j :: .. ::.._ .... �.��:::ter. .:,.:'. /��' r I -77 I Columbine Rd. �� • - T • �Y �F; i .......... .... . ,. ... ::......_..-:�:�..:.: ��::.�..:. ::�... 1 11 : :"�:!:!I!:i:`:Fri:;`i:i�":�;' %::«��:i!�!::i:iia':;;i�!Iii�;�: ............. ............ ....................... -.. • ............... i' 7 .. : .::cif • / \ ..L... k_.:.,,,.ice • _ 212- FI in CI. Dr. 1 ! Y 9 —�t. • ........... • : t_ f�" i.. i s .,.:,:''''..' j.lit::::ii: T1:2,:::::!!':':'44. .H,,........ i .. 1 4..i..•.,„.... ,,,,.7,.,..2.2.2fr.44r,..imiz.3, am;:(, ;I`z�":•1 if ::77—..":,,\,.,.....4nv,.,:,..oik4,..1,_,.:.:::, g.E4::i:!:,:.6:::,. ,g.1,4,!igtijip.!..:Eilleii...-",:!Ni[.::::::!:!i6: :.liqr,:ti,:_;.i:!.,!e.::- .I.i. ,p.6.--:::!',!..:. :A‘i .;.-i:'it...;-;;;714-4".!.:';'-:.1. r,....,7..i.m: .„..: ...:.;:.,..- !......:*, „ii..".. "7.,-. \s,,,,.1.,,7:\ / / ........ _.... . ..:..:.. .......................: .::_:: .:::..::.!is ;...„.liv :,•;,,,.:,,c,;-.:,.,::::,,t7i1,.:,•,....;:.,Ni,. ..,.„:....„:;1.;,\ .,:t.r2".J 1:.: :..—_,E,_,F71 •17.. 2,.,,, :-4,,,,,. �1 `. 1 ." .! .. 'tom .. .. ... .. F'�':,':��•'.'t. • .. / / ......:"\ is T•i 1. .. �` 1.. 1%••�, �T�"i_._.�I. ✓..\\ \�1� :'. \ . :i. `;. :l:i;i�. .;, -1— v .::;,.._._ •'••4•,.. •••k.:i I • 1 4."....t_i 1 1+:_. • -• i , r r > I �✓ • 1' 1 ' .1 ..............: _ .1 i - • i lyLI Staff Report—Fountain Place Retail March 19,2004 Page 2 BACKGROUND The Comprehensive Guide Plan shows the 16.5 acre property for Regional Commercial and High Density Residential land use. The property is zoned Rural and Commercial Regional Service. Surrounding land uses consist of the High Density Residential and Regional Commercial. This property is the last large piece of regional commercial land use in the city. COMPREHENSIVE GUIDE PLAN CHANGE • A 2-acre portion of the project will require a guide plan change from High Density Residential to Regional Commercial for proposed Lot 2, Block 1, at corner of Prairie Center Drive and T.H. 212. This land use may be appropriate for the following reasons: 1. The property is zoned Commercial Regional Service consistent with the proposed guiding. 2. It is a high visibility site suited for commercial use located at an intersection with significant traffic volumes. 3. The lot size and configuration is more appropriate for retail use. PLANNED UNIT DEVELOPMENT The PUD includes the entire 16.5 acre site. Phase 1 includes the center portion of the project consisting of 107,000 square feet of building. Phase 2 includes the most northerly and southerly lots consisting of 17,700 square feet of building. Phase 2 is only for concept approval for retail and/or restaurant uses at this time. No detailed review of site plans will take place. These two sites will require a return through the public hearing process for rezoning and site plan reviews once specific users are identified. SITE PLAN AND PRELIMINARY PLAT The overall plan shows 124,700 square feet of retail and restaurant uses on the three lots. The base area/floor area ratio ranges between .08 and .20. The overall base area/floor area ratio is .18. Phase 1 has a base area/floor area ratio of.20. City code permits up to a.20 base area ratio and a.40 floor area ratio in the Commercial Regional Service zoning district. Phase 1 buildings meet the required setbacks. Parking meets the setback requirements except along the northeast lot line where a 10-foot setback is necessary. The plans should be revised to meet the 10 foot setback. Phase 1 parking requires 644 spaces based on 5.5 spaces for every 1000 sq. ft of building for retail and 1 space for every three seats for the restaurants. The plan provides 645, including 51 proof-of parking spaces meeting code. The plat shows three lots, dedicated right-of-way and road easements along Prairie Center Drive and T.H. 212 to accommodate road improvements scheduled for this year. y5 Staff Report—Fountain Place Retail March 19, 2004 Page 3 PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested through the Planned Unit Development. 1. Loading area within the front yard for buildings B, C, and D along Columbine Road and Castlemoor Drive. City code does not permit loading areas in a front yard. This waiver should not be granted based upon the plan as proposed since it does not effectively screen the loading area. The site is surrounded by street frontages. Based on the type of uses proposed there will always be a loading area in a front yard. There are two approaches for loading. One would be to change the product type so there could be a central and enclosed loading court. The other would be to screen the loading area with a brick wall, provide additional setback and trees. Screening is important since the site is adjacent to residential. 2. Driveway access width of 40 feet. City code maximum is 30 feet. The additional width is needed for turn lanes based on the traffic projections. DRAINAGE All storm water will be treated to NURP standards. UTILITES The buildings will be connected to City sewer and water lines in T.H. 212 and Columbine Road. WETLANDS Two wetlands are impacted by the proposed project. A 1,990 square foot wetland located near the central portion of the site will be filled. The Watershed District had determined this fill to be unavoidable. The other wetland, located west of Columbine Road, will involve excavation and some fill to accommodate the drainage from the proposed project. Mitigation for the fill is required at a 2:1 ratio and is proposed off site. ACCESS AND ROAD IMPROVEMENTS The project includes the extension of Castlemoor Drive to Columbine Road, and a right turn lane along southbound T.H. 212 at Fountain Place. Columbine Road will be extended to Prairie Center Drive by the City this summer. The traffic study for the project is attached. LANDSCAPING The amount of landscaping required is based on the square footage of the buildings. The landscaping code requires single-story buildings greater than 20 feet tall to be considered two- story buildings for determining its total square footage. This requires 634 caliper inches. IL6 • Staff Report—Fountain Place Retail March 19, 2004 Page 4 There are 2,350 diameter inches of significant trees on the property controlled by the developer. Proposed tree loss is 1,943 diameter inches, or 83%. Tree replacement is 2,136 caliper inches. Commercial land uses typically result in greater tree loss due to increased site coverage and larger parking lots. The landscaping together with the tree replacement requires a total of 2,770 caliper inches. The plan provides 1,105 caliper inches. It is not possible to meet the tree replacement requirements on site. The plan should be revised to maximize the number and size of the trees on site and use the balance for trees and wetland plantings within the outlot to the west of Columbine Road and along the length of Columbine Road. The off site plantings will create a natural and decorative edge along the City Park and provide additional habitat for wildlife. ARCHITECTURE The proposed restaurant and "Big Box"retail is typical of suburban commercial development and provides some uses that would be a convenience to the residents of the City. There may be other more appropriate types of retail such as the main street retail or Shoppes at Arbor Lakes in Maple Grove,representing a collection of small and medium size retail but with a pedestrian emphasis and human scale architecture. If the market is unwilling to support such a concept in Eden Prairie, how could the proposed plan be modified to create the same sense of place; the image, the pedestrian sensitivity, and human scale architecture? The staff recommends the following changes to the building architecture. 1. Create front door architecture on all sides of the "Big Box"buildings. 2. Create architectural diversity through varying the placement of windows, parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. 3. Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. 4. Building design shall avoid a square box building footprint. 5. Use decorative pilasters, moldings, cornices, arches, arched windows, natural stone and • other façade treatments to visually reduce the scale of the building. 6. Building entrances shall be designed to give a human scale for pedestrian interest. 7. Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. SIGNS City code permits one 80 square foot free standing sign on one frontage and an additional 36 square foot free standing sign for each additional road frontage. Individual tenant signs are permitted not to exceed 15% of its wall area to a maximum of 300 square feet. The plan meets these standards. All proposed wall signs need to be located below the roof line. • Staff Report—Fountain Place Retail March 19,2004 Page 5 SITE LIGHTING Parking lot lighting is metal halide downcast-cutoff fixtures on 30-foot poles. No lighting details have been provided for the buildings. Site lighting should not exceed one-half foot-candle at the property line. SIDEWALKS AND TRAILS A five-foot wide concrete sidewalk is proposed on the east side of Columbine Road, south side of Castlemoor Drive, and the south side of Fountain Place. An eight-foot wide bituminous trail is proposed on the north side of Fountain Place. SUMMARY The Community Planning Board should discus the following questions. 1. Should the guide plan be changed from High Density Residential to Regional Commercial for proposed Lot 2, Block 1? 2. Does the architecture of the"Big Boxes" contain appropriate detail in form,materials and colors for the City to consider changing the guide plan and the granting of PUD waivers? 3. Should the waiver for loading area in a front yard be granted? Is the mitigation plan acceptable? 4. It is not possible to provide the required tree replacement on site. Is use of tree replacement off site along Columbine Road an appropriate use of tree replacement? A guide plan change and PUD waivers should be granted only when the proposed plan is consistent with objectives of the City. These objectives would be the appropriateness of the use, high quality buildings and architectural detail, and appropriate mitigation for project impacts. Commercial use adjacent to Highway 212 and in close proximity to the Eden Prairie Center is warranted. It would be appropriate that proposed Lot 2, Block 1 be changed to commercial use. Since the amount of remaining land for commercial is limited, the City may wish to be more selective about the type of commercial uses. The proposed restaurant and"Big Box"retail is typical of suburban commercial development and provides some uses that would be a convenience to the residents of the City. There may be other more appropriate types of retail such as the main street retail or Shoppes at Arbor Lakes in Maple Grove, representing a collection of small and medium size retail but with a pedestrian emphasis and human scale architecture. If the market is unwilling to support such a concept in Eden Prairie, how could the proposed plan be modified to create the same sense of place; the image, the pedestrian sensitivity, and human scale architecture? Staff Report—Fountain Place Retail March 19, 2004 Page 6 The site is surrounded by street frontages. Based on the type of uses proposed there will always be a loading area in a front yard. There are two approaches for loading. One would be to change the product type so there could be a central and enclosed loading court. The other would be to screen the loading area with a brick wall, provide additional setback and trees. Screening is important since the site is adjacent to residential. It is more difficult to replace trees in commercial projects than in residential projects. Commercial projects have limited green area due to parking requirements; residential areas have more open lawn area. It is not possible to meet the tree replacement requirements on site. The solution is to maximize the number and size of the trees on site and use the balance for trees and wetland plantings along the length of Columbine Road. The plantings will create a natural and decorative edge along the City Park and provide additional habitat for wildlife. The staff recommends the following changes to the plan. 1. Create front door architecture on all sides of the "Big Box"buildings. 2. Create architectural diversity through varying the placement of windows,parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. 3. Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. 4. Building design shall avoid a square box building footprint. 5. Use decorative pilasters, moldings, cornices, arches, arched windows,natural stone and other façade treatments to visually reduce the scale of the building. 6. Building entrances shall be designed to give a human scale for pedestrian interest. 7. Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. 8. To create more room for screening, move the buildings 20 feet closer to Highway 212. This provides more room for plantings and a decorative screen wall. The wall should have stone columns and the wall should be brick to match the buildings. Landscaping shall be used to visually break up the view of the wall. 9. Meet the landscaping/tree replacement requirement for 2,770 caliper inches. This would involve maximizing the number and size of the trees on site and use the balance for trees and wetland plantings within the outlot and along the length of Columbine Road. The staff does not support the guide plan change or the site plan as proposed. The project should be continued to the April 26, 2004 meeting, with direction to modify the building architecture and site plan according to the staff report. STAFF RECOMMENDATIONS Option 1 Recommend approval of the following request: /L19 Staff Report—Fountain Place Retail March 19, 2004 Page 7 • Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2 acres. • Planned Unit Development Concept Review on 16.5 acres. • Planned Unit Development District Review with waivers on 12.8 acres. • Zoning District Change from Rural to Commercial Regional Service on 12.8 acres. • Site Plan Review on 12.8 acres. • Preliminary Plat of 16.5 acres into 3 lots, and road right-of-way. This is based on plans dated March 18, 2004, and the following conditions: 1. Prior to City Council Review, the proponent shall: A. Revise the plans to meet a 10 foot setback to parking along the northeast lot line of proposed Lot 1, Block 1. B. Revise the plans to meet the required 2,770 caliper inches of landscaping/tree replacement. 2. Prior to release of the final plat, the proponent shall submit detailed storm water nmoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control at the grading limits. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150% of the cost of the landscaping/tree replacement plan for 2,770 caliper inches. B. Pay the Cash Park Fee. C. Review the plans with the Fire Marshal D. Submit building materials and colors for review and approval. 5. The following waivers are granted through the PUD for the project: A. Loading area within the front yard along Castlemoor Drive. City Code does not permit loading in a front yard. B. Driveway access width of 40 feet. Code maximum is 30 feet. 150 1 Staff Report—Fountain Place Retail March 19,2004 Page 8 Option 2 Recommend a continuance of the project to the April 26, 2004 Community Planning Board meeting and direct the proponent to revise the plans as follows. • Create front door architecture on all sides of the "Big Box"buildings • Create architectural diversity through varying the placement of windows, parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. • Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. • Building design shall avoid a square box building footprint. • Use decorative pilasters, moldings, cornices, arches, arched windows, natural stone and other façade treatments to visually reduce the scale of the building. • Building entrances shall be designed to give a human scale for pedestrian interest. • Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. • To create more room for screening, move the buildings 20 feet closer to Highway 212. This provides more room for plantings and a decorative screen wall. The wall should have stone columns and the wall should be brick to match the buildings. Landscaping shall be used to visually break up the view of the wall. • Meet a 10 foot setback to parking along the northeast lot line of proposed Lot 1, Block 1. • Meet the landscaping/tree replacement requirement for 2,770 caliper inches. This would involve maximizing the number and size of the trees on site and use the balance for trees and wetland plantings within the outlot and along the length of Columbine Road. Option 3 Recommend denial of the project based on the following. 1. The proposal is inconsistent with the Comprehensive Guide Plan. 2. The proposal is inconsistent with City Code for loading area in a front yard 3. The PUD waivers have not been substantiated. 4. Inadequate transition between land uses. 5. High tree loss. 6. Landscaping/tree replacement does not meet Code. Staff Recommends Option 2 i5( • STAFF REPORT TO: Community Planning Board THROUGH: Michael D. Franzen, City Planner FROM: Scott A. Kipp, Senior Planner DATE: April 23, 2004 SUBJECT: Fountain Place Retail APPLICANT: NAP Southwest, L.P., a Texas limited partnership LOCATION: West of Highway 212, east of Columbine Road,south and east of Castlemoor Drive OWNERS: Carol L. Konigson Steven C. Cheme Linda J. Cherne David A. Cheme John O'Neill Alan O'Neill William F. O'Neill Jeannette E. O'Neill Brian O'Neill Ordell O'Neill Larry Mikan REQUEST: 1. Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2 acres 2. Planned Unit Development Concept Review on 16.5 acres 3. Planned Unit Development District Review with waivers on 12.8 acres 4. Zoning District Change from Rural to Commercial Regional Service on 12.8 acres 5. Site Plan Review on 12.8 acres 6. Preliminary Plat of 16.5 acres into 3 lots and road right-of-way I5� I - ;i ' Area Location Map - Fountain Place i-<etail ;1 West of 212, east of Columbine Rd. and W. of Castlemoor � T r i . ..::::.::::::: _ • , I i .. . :.:.:.. .... .... :.:.::. • i Castlemoor dr. /!' ti A-=•-[. ' r � -/ / Prairie Center:Dr. ..:..:..::.::.. :::::.:.::::: .<,,;;:• : • 1 , • Columbine Rd. l 1 i I • • .:... ::::.:.... / / ••• ' • / . \ . "I ' ( . . " I r--. •E--41 . • % 12_ Flying Cl./' 2I Dr. :... _... y :.::. :.:,. .......... . ..• / ........: • ••� .:: ,...: :.... .•.....:: `'.try ::;`.�: .......r--..._..,-^'---•--"�`'... ... . \,,___•.. I, i i ! C.. /‘.)--7-.4--;:..‘..;, 1.'1...:1 r---'\1:.,:::;:,,,,.1\.N..</..' •:•-: - .' . '..''.......".''.;...'.....:"1...' •\‹...::.-i:•'.'5.:.:X\<.i2.,,,,H..::fi: 1-1.1..71'I: : ,L i �y Vr \� - . 'r''•- I r -- _ -i 1 L C1 T'. -..:._.' . _.::.,\ - - , 7.721 1 t f r , � i 153 Staff Report—Fountain Place Retail April 23, 2004 Page 2 BACKGROUND This is a continued item from the March 22, 2004 meeting. At that meeting the Community Planning Board directed the developer to revise the plans to address the following: 1. Create front door architecture on all sides of the"Big Box"buildings. 2. Create architectural diversity through varying the placement of windows,parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. 3. Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. 4. Building design shall avoid a square box building footprint. 5. Use decorative pilasters,moldings, cornices, arches, arched windows,natural stone and other façade treatments to visually reduce the scale of the building. 6. Building entrances shall be designed to give a human scale for pedestrian interest. 7. Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. 8. To create more room for screening, move the buildings 20 feet closer to Highway 212. This provides more room for plantings and a decorative screen wall. The wall should have stone columns and the wall should be brick to match the buildings. Landscaping shall be used to visually break up the view of the wall. 9. Meet the landscaping/tree replacement requirement for 2,770 caliper inches. This would involve maximizing the number and size of the trees on site and use the balance for trees and wetland plantings within the outlot, and along the length of Columbine Road. 10. Include fountains. The plans have been revised to meet the staff report and Community Planning Board recommendations with the exception of meeting completing the caliper inch requirements for landscaping/tree replacement, meeting a 10-foot parking setback along the northeast property line, and providing a fountain. TREE REPLACEMENT AND LANDSCAPING Landscaping and tree replacement requires 2,770 caliper inches. The plan shows 2,420 including the wetland plantings along the edge of Columbine Road. The plan requires an additional 363 inches of trees. Theses should be added to the wetland planting plan. FOUNTAIN Two primary areas where a fountain could be considered include the northeast corner of 151 Staff Report—Fountain Place Retail April 23, 2004 Page 3 Columbine Road and Fountain Place, and adjacent to building E(east end of the largest building) where large pedestrian areas are proposed. STAFF RECOMMENDATION Recommend approval of the following request: • Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2 acres • Planned Unit Development Concept on 16.5 acres • Planned Unit District Review on 12.8 acres • Zoning District Change from Rural to Commercial Regional Service 12.8 acres • Site Plan Review on 12.8 acres • Preliminary Plat of 16.5 acres into three lots and road right of way This is based on plans dated April 23, 2004, the staff reports dated March 19, 2004 and April 23, 2004, and the following conditions: 1. Prior to City Council review,the proponent shall revise the plans to meet a 10-foot parking setback along the northeast property line, add 363 caliper inches of landscaping to the wetland restoration plan adjacent to Columbine Road, and provide for a fountain. 2. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the tree replacement/landscaping for 2,770 caliper inches. p 155 Staff Report— Fountain Place Retail April 23, 2004 Page 4 B. Pay the Cash Park Fee. C. Review the plans with the Fire Marshal D. Submit building materials and colors for review and approval. 5. The following waivers are granted as part of the PUD: A. Loading area within the front yard for buildings B, C, and D along Columbine Road and Castlemoor Drive. City code does not permit loading areas in a front yard. B. Driveway access width of 40 feet. City code maximum is 30 feet. Planning Board Minutes March 22, 2004 Page 10 C. FOUNTAIN PLACE RETAIL by North American Properties. Request for Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2 acres, Planned Unit Development Concept Review on 16.5 acres, Planned Unit Development District Review with waivers on 12.8 acres,Zoning • District Change from Rural to Commercial Regional Service on 12.8 acres, Site Plan Review on 12.8 acres, and Preliminary Plat of 16.5 acres into 3 lots, and road right of way. Location: West of T.H.212, east of Columbine Road, south and east of Castlemoor Drive. Jay Scott of North American Properties presented the project. Bill Wittrock, the chief architect, stated the site is oddly shaped. He described the proposal as a series of buildings positioned on the site each with its own parking area. He stated there are three large retailers that have their own front doors and a number of smaller retailers with their own front doors and with their own area of parking which allows for site interest and each retailer have the same retailing advantage. He said there are two restaurant sites. The front door is the hierarchal element; other items of architecture bring things down in scale and the sign and front door are focused. There are several different colors of highly contrasting brick. He said they tried to bring about a series of elements that focus on the front door by including awnings on the façade and a sign being the most important focal point on the front door. He stated on the service side they have downplayed the hierarchal elements because there is a large retaining wall with a height of 10 feet at its highest and it sits approximately 30-40 feet away from the building. He said the retaining wall will be included in the landscaping. The idea is that the service side is less important but will do the appropriate architecture according to City requirements. He showed the free standing building on the site with architecture consistent with the other buildings. He said they plan to screen loading docks and mechanical roof top units. He displayed the landscape plan showing the retaining wall as heavily landscaped with deciduous trees alternating with evergreens with the low end of the wall accented with shrubs. These elements, along with the topography fully landscape the loading areas. Stoelting asked if there is any berming; Wittrock responded there is the retaining wall. He said he believed they have architecturally delineated the building and met the requirement for landscaping and screening. Stoelting asked if they would take a phased approach to construction. Jay Scott responded most of the project would be built in one phase. The two outlying areas of the project would not be built until later at which time the proponent would come back in front of the Board. Franzen stated there are items that need additional work. building architecture and screening of the loading area in the front yard. The are three fronts to this site and so there should be a"front door"look on all sides Since the site is next to residential, 151- Planning Board Minutes March 22, 2004 Page 11 screening must be more than a fence and a few trees. The building must slide to the east in order to increase the green area to create room for a brick screen wall, like Target, and more trees. Tree replacement can not be completed on site and these trees could be planted along Columbine Road to create a scenic parkway. He stated he would encourage the proponent to work with staff on the nine items in the staff report and staff recommends a continuance to the April 26 meeting. John Merkins, Presbyterian Homes, stated he has a property next to the proposed site. He said he has had a number of meetings with the proponent and believes they have done excellent projects. He said he has two concerns regarding the project. The first one is the loading and screening area which would be close in proximity to the nursing home and senior residence. The second is the traffic situation. He said Castlemoor Drive is used as a private drive to the Castleridge Nursing Home. He said the building is approximately 22 feet from the curb and 13 feet from the right of way. He stated he had an opportunity to review the traffic plan that was done for Fountain Place and he had no concerns about the extension of Columbine but the extension of Castlemoor is problematic for his site. First, the addition of traffic to the site is a safety issue and, second, the headlights from traffic entering the in-drive will be shining in the windows of the residents. He said another issue is the screening since the fourth floor residents are looking directly onto the loading area. He stated he had encouraged North American to look at other options in turning the building to allow for loading off Highway 212. Brooks asked Merkins when his facility was built; he responded 1984. Nelson agreed with staff on the landscaping and screening for the rear of the building. She said she can't see changing the buildings so they back up to Highway 212 since this is a doorway to the City. She said she believed the door front and the buildings need a lot of work. She stated she was not happy with the big box concept at this particular site. She asked if the restaurants would be fast food. Scott responded they will not be fast food. Nelson stated there need to be quite a few changes before this project is complete. Brooks asked if they had any tenants for the buildings such as Circuit City and Sportsmart. Scott responded they are working with them. He said the City needs larger scale retailers because many Eden Prairie residents are going to Ridgedale and Southdale for a full selection of retail opportunities. He said to protect the investment the City has made with the Eden Prairie Mall they need to protect infrastructure. There are users that want to be in the community and they need to accommodate them with the larger size box building. Brooks asked if they had any plans for erecting any of the buildings on a spec basis. Scott responded they would be built for a specific user; the only one that would have any speculation would be the smaller building that wraps around the corner. It's a flexible footprint for small to midsize users. Brooks stated he doesn't have a problem with the guide plan 15/ Planning Board Minutes March 22, 2004 Page 12 change. A lot of consideration needs to be given to the neighboring building and the location is a challenge. He said he would like the developer to work on resolving some of these problems. Enclosing the loading docks needs to be worked on. There needs to be more landscaping and waiting 15 years for the plants to mature is a long time to wait for screening. He stated he does not like the big box retailers but residents want this type of retail and it needs to be looked at. He said he is in favor of Option 2. • Foote stated he is okay with the guide plan change. He said he felt there was too much housing around the Eden Prairie Center. Because of this it would be a good location for big box retailers but there are problems with this project including the landscaping and screening. He stated regarding the Castleridge senior residence the proponent needs to look at mitigating their concerns and recommends a continuance. Sutherland stated that he agreed with the guide plan change and agreed with the big box retailer with all of its difficulties is an important part of the mix in Eden Prairie. He was also against turning the building as travelers on Highway 212 see a prelude of retail on that road. He said the project needs to be continued and chose Option 2. Stoelting asked about traffic concerns. He said he was uncertain whether there is any ingress or egress onto Castlemoor Drive shown on the plans. He asked the proponent to discuss this issue. Scott responded there will be an ingress, egress into Castlemoor Drive as well as cross easements within the site. Stoelting asked Gray to discuss traffic flow, ingress egress to Castlemoor and the extension of Columbine Road. Gray responded Columbine Road is in the process now that the City owns the land and it should be under construction later this summer and currently right of way discussions with Flagship are taking place. He said Castlemoor Drive was planned to extend and connect to Columbine as a street element and currently the only access to the Miken property is from Columbine Drive. The traffic study indicates there would be fewer than 3,000 vehicles per day which is not an unusual volume of traffic. He said he can't explain how that building was built at that setback; it should have been built 30-35 feet from the right of way. Merkins stated the setback is an existing condition. He said adding 2600 trips that close to the building is detrimental to his property. It makes the units on that side of the building unsellable. The nature of the residents being a senior living property with a high level of traffic is a safety concern. In changing this from a residential street to a commercial use where the vehicles are coming and going for purposes such as shopping and deliveries, are all concerns that affect property safety. He said he hoped if this were to move forward that perhaps the road could be relocated to an appropriate setback Stoelting asked Gray to address the traffic flow and entrance and exit points. Gray responded the primary ingress, egress would be off of Columbine. The entrance at I51 Planning Board Minutes March 22, 2004 Page 13 Castlemoor is more of a secondary one. They would signalize the intersection of Columbine and Prairie Center Drive. Nelson asked if Castlemoor was a right-in, right-out entrance. Gray responded it was and that it couldn't be a full access entrance. She asked Franzen that now that they're aware that the building was misplaced would the property owner need to apply for a variance. Franzen stated they would check first to see if there had been a variance granted at some point but they wouldn't be required to apply for one at this time. Stoelting asked Fox about tree loss and using land that was not part of the project. Fox responded the discussions with the developer have to do with enhancing the entire area, not just this site. They are building a storm water pond which would be a good area to enhance with landscaping. He said Columbine Road would be a good place to put plant material,providing screening up and down the roadway. They've been amenable to put trees in but haven't worked out the details as to the number or location. Nelson asked about putting in some small fountains in the landscaping if they are going to call it Fountain Place; it would be a nice accent piece either on Highway 212 or at the entrance to the site. Franzen responded they hadn't thought about it but that goes hand in hand with architecture providing a sense of human scale and place. Nelson stated she would like that added. Stoelting stated he is comfortable with the guide plan change and is looking at Option 2 to recommend a continuance because of the number of issues still outstanding. He asked the proponent if it would be a hardship to continue the project. Scott responded there would not be a hardship but there was a concern with timing of the road construction. Stoelting asked staff when the road would be finished. Gray responded it would likely finish this year unless there were problems or delays with right-of way acquisition from Flagship which would move it into next year. MOTION by Brooks, second by Nelson, to recommend a continuance to the April 26, 2004 meeting, to address the issues in the staff report which include architectural appeal on all sides of the buildings, landscaping, addition of fountains and screening. Motion carried, 5-0. l60 Community Planning Board April 26, 2004 Page 5 C. FOUNTAIN PLACE RETAIL (continued) by North American Properties. Request for Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2 acres, Planned Unit Development Concept Review on 16.5 acres, Planned Unit Development District Review with waivers on 12.8 acres, Zoning District Change fro Rural to Commercial Regional Service on 12.8 acres, Site Plan review on 12.8 acres, and Preliminary Plat of 16.5 acres into 3 lots, and road right of way. Location: West of T.H. 212, east of Columbine Road, south and east of Castlemoor Drive. Mr. Steve Johnson, North American Properties, 12300 Singletree Lane, Eden Prairie. Mr. Johnson said that they had met with staff and they have come with a plan that is amicable to all concerned. Mr. Johnson said that he would like to review the changes and answer any questions that the Board may have. There has been a retaining wall added in the back to allow for more plantings and screening for the apartment buildings. The trees are at a higher caliper inch and are more mature trees for better screening. There are two levels of plants as well as conifers and deciduous trees. The Circuit City building is now on the end cap along Columbine and Sportmart will be in the middle flanked by the smaller shop space (11,000 s.q.) along the side. We have added pedestrian friendly light posts along the front sidewalk. Mr. Johnson said that they have incorporated wall sconces and have added architectural features so that the building did not have the "big box" look. Mr. Johnson indicated that the City has required 2,770 caliper inches,but the replacement trees would be approximately 2,507 caliper inches. Mr. Bill Whitrock, said that they have tried to establish an implied pedestrian zone about 12 feet wide. Mr. Whitrock said that other details were incorporated such as canvas awnings with goose-neck lighting, additional banding with wall sconces. The landscaping up against the building will also help to define the pedestrian zone. The side elevation of the Circuit City building has been extended to match up with a series of other layers of details that would help form the focus of that elevation which would be the signs. In the back there has been details added to the truck dock screening walls and have focused signage areas giving each tenant a composition and a focus. Architectural b anding has b een done with contrasting colors to help keep the scale and implied height of the building within the implied pedestrian zone. There is text only signage to provide a variety of signage. Mr. Whitrock said that by moving the building back 20 feet there will be additional plantings and screening. Nelson asked if the double tiered wall would be in front of Castlemoor. Mr. Johnson replied that the retaining wall would not be in front of Castlemoor, but would taper down before it reached Castlemoor. Community Planning Board April 26, 2004 Page 6 Mr. Whitrock said that it had been a pleasure working with staff and he felt that they have arrived at a very good plan. Franzen said that this site plan was much more challenging because there are four frontages and the building is much bigger than Slumberland. Staff supports the architectural changes and the plan for screening of the loading area and the implied pedestrian zone. Franzen said that with the changes made in this plan, staff is recommending approval. Mr. John Mehrkens, Presbyterian Homes, 2845 N. Hamline Avenue, Roseville, said that they own the adjoining Castle Ridge Care Center and he is representing the apartment and land owners of the adjacent property. Mr. Mehrkens said that they have met with North American Properties on a number of issues. Mr. Mehrkens said that they have discussed with North American Properties the possibility of a more comprehensive redevelopment plan that could include, over time, the entire property, which includes the proposed development property and the property that they control. Knowing eventually this property is likely to be redeveloped it seemed appropriate to look at a master plan that would tie together a single well-planned flowing project. Mr. Mehrkens said that they have concerns if the project is approved as presented today. Mr. Mehrkens said that the three main concerns with the proposed development is: (1) appropriate screening of the property, (2) increased traffic along the new Castlemoor Drive, (3) location of a proposed drive to the furthest southwest portion of site. Mr. Mehrkens said that they are requesting additional landscaping or berming on either side of the road to help screen their property. Also they are requesting that the southwestern drive be relocated to match up with the entry drive to their facility. Nelson asked that Gray respond to the possibility of the driveway being moved. Gray said that it would be hard to respond to moving the driveway without seeing new plans. Brooks stated he understood the neighbors desire for more screening. Nelson asked why there is no water fountain. Mr. Johnson said that they have not ruled out the water fountain. They have to be careful of the placement of any fountain. The fountain, if placed in the parking lot, would take away parking space. Mr. Johnson said he would like to explore this further with staff. Seymour asked if the visual displays included the additional plantings. Mr. Johnson responded that the visual displays did not include the additional plantings. Kacher asked Franzen to comment given the issues that Mr.Mehrkens has raised. I6a Community Planning Board April 26, 2004 Page 7 Franzen said that the City cannot wait until both parties can get together and come up with a comprehensive master plan for the corner, since the applicant has a plan the City can approve. In regard to the landscaping, because of the way the road curves, you would have to be very sensitive to where the trees are located. The traffic engineering group would have to look at all the site plans. It may be better to do more screening on the other side of the road. Kacher asked if Franzen thought the concerns and issues were addressed. Franzen said that they would take a second look at the landscaping on both sides of the road before the plan goes to City Council. MOTION by Brooks, seconded by Seymour, to close the public hearing. Motion carried 7-0. MOTION by Brooks, seconded by Seymour, to approve the request for a Comprehensive Guide Plan Change from High D ensity Residential to Regional Commercial on 2 acres; Planned Unit Development Concept on 16.5 acres; Planned Unit District Review on 12.8 acres; Zoning District Change from Rural to Commercial Regional Service 12.8 acres; Site Plan Review on 12.8 acres; Preliminary plat of 16.5 acres into three lots and road right-of-way based on plans dated April 23, 2004, subject to the recommendations of the staff reports dated March 19, 2004 and April 23, 2004. Motion carried 7-0. I63 Apr 26 04 12: 17p Se Dr Housing Partners 55/ ''31-6301 p, 2 P 'R E S BYTE R IANHO M E S April 26, 2004 PRESBYTERIAN Michael Franzen HOMES &SERVICES City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Franzen: Please accept this letter as additional information related to the proposed development by North American Properties near Highway 212 and Prairie Center Drive. As you know we own the Castle Ridge Care Center and have Senior communities under purchase agreement the Broadmoor Apartments. This letter is to reiterate our concerns and share with you additional information and conversations that have occurred since the last planning meeting. designed with the hand At the last planning meeting we raised three main issues with the proposed development. of experience, a heart 1. Appropriate screening of the property should be required to grant the necessary variance for front yard loading areas. 2. Increased traffic along the new Castlemoor Drive, specifically related f r excellence and an to the proximity of our building to the road and higher traffic counts than current zoning would allow. 3. Location of a proposed drive to the furthest southwest portion of the eye to the future. site. This drive being directly across the road from residential windows. My impression from the last planning meeting was consensus that the proposed property was an appropriate development so long as the concerns raised above were adequately addressed. Accepting the fact that the Planning Commission believes this an appropriate land use, it was my goal to effect changes in the plan to make the project have the least possible negative impacts on the enjoyment, health, and well being of our residents. To that end we met with North American Properties on two occasions, to discuss the following: • Whether there could be a more comprehensive redevelopment plan that could include, over time, the entire property, which includes the proposed development property and the property we control. Knowing eventually this property,is likely to be redeveloped it seems very appropriate to look at a master plan that would tie together in a single well-planned flowing project. Our vision of this could include a "Centennial Lakes" like development with mixed uses including retail, restaurant and housing components in an urban lifestyle environment. We strongly encourage the Planning Commission to consider how any proposed development of this site would flow with, or could be, master 2345 Hamlin,Ayenuc North,Suite 200,Saint Paul, MN »113 Phone (651) 631-6100 Fax (651)631-Al /1 A Apr 26 04 12: 1?p Se 3r Housing Partners 65]' •'31-6301 p.3 • Gastlemoor Drive April 26,2004 Page 2 of 2 planned into a larger development concept. While North American Properties was open to discussion and seemed willing to explore the larger alternatives they were unwilling to step back from the current approval process to consider them. • Related to the issues raised at the last Planning Commission we also discussed with North American Properties, should the project be approved in its current form, what changes would be necessary to adequately address our concerns. We had a chance to review the proposed reconfiguration and addition of landscaping to screen the loading w; area along the new Castlemoor Drive. This included increasing the setback, creating a two-tier retaining area that included a significantly increased landscaping buffer. We believe this is appropriate and in the spirit of the request for more adequate screening of these areas. However, we further asked that in the areas closest to our southern building be buffered from view and increased traffic associated with the development. We forwarded a copy of the land survey to North Americans' civil engineer with the understanding additional buffering would be added to our side of the road to address this concern. This was to include berming and or retaining wall, landscaping and a decorative fence in the most effected location.We received a copy of the proposed buffering plan on Friday, which included only a 2' berme in two small areas, some additional trees of undefined size and no screening fence of any kind. This clearly does not provide adequate screening as discussed. We would request any recommendation of this project for further variance or planning approval that would include a substantially increased buffering component in these locations. Lastly, related to the southwestern drive location, we request it be relocated to match up with the entry drive to our facility. This would be the least intrusive location and consistent with the planning premise of 4- way intersections. Please keep in mind we serve frail senior residents whom for the most part are confined to the facility and their homes 24 hours per day. Therefore,the impact of the adjoining property is more significant than with any other housing type. We believe these to be reasonable and appropriate conditions for the approval of a development that has a high impact on our property. Further, this is in the spirit of the comments of the Planning Commission to address our concerns prior to any variance or final project approvals. We thank you for your consideration and look forward to moving ahead with the process. Sincerely, John Mehrkens Presbyterian Homes 15 • G.V. PROPERTIES, INC. 2557 Highway 61 St. Paul, MN 55109 William J. Keefer Office:(651) 415-0871 Sherry R. Egan Fax: (651) 415-0872 February 18, 2004 )64 /16.4/ Mr. David L. 171k • City of en Prairie sing and Redevelopment Authority 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Lindahl: My name is William Keefer. R. A. Stinski and myself own 227 units in.the Broadmoor Condominium complex on Prairie Center Drive just west of 212. I have received a copy of a drawing prepared by North American Properties which shows a development to the.south of Broadmoor. The proposed plan was given to me by Presbyterian Homes, an affiliated entity that owns the nursing home, which is attached to the Broadmoor Condominium. Over the years a number of development proposals have been made for the property with several requests for access across and through our property. It is my understanding that the access to any development must be serviced through Fountain Place and Highway 12 and that no additional intersections are permitted. There has been talk over the years for the extension of Columbine Road. It is my understanding that the road location is in an environmentally sensitive area. Has a timeline been proposed for the construction of the road extension? • Ii Mr. David Lindahl February 18, 2004 Page 2 I would appreciate it if you would consider the following comments and objections: 1. The proposed building layout would place severaflarge stores adjacent to the Broadmoor Condominium. We are concerned about screening, littering, and noise. A computer-generated visual of what the building would look like would be helpful in reviewing this matter. 2. We are troubled by the proposed by the north/south roadway from the future Columbine Road. It has been our understanding that the proposed Columbine Road would go to the east and connect to Prairie Center Drive and that intersection would be a controlled intersection the same as Fountain Place. It is our strong feeling that the traffic generated by this development is best handled from the Fountain Place . access and the future Columbine access. The proposed road layout is going to encourage the exiting of truck traffic, including large semis and rubbish trucks directly in front of the senior care facility. We feel this type of traffic is better suited for the existing Columbine Road. 3. It is our understanding the proposed building on the corner of Prairie Center Drive and 212 is a Walgreen Drug Store. The Walgreen Drug Store we feel should be serviced by a traffic pattern through the Fountain Place access. Northeast bound traffic on Prairie Center is prohibited from making a left-hand turn at the first intersection. As a result, drivers make a U-turn further up or drive through the Broadmoor Condominium parking lot to return to 212. We . feel that this type of driving behavior will be typical if a Walgreen Drug Store is on the corner. 4. It was always our assumption that the land to the west of Broadmoor would be developed for residential purposes. We want to be good neighbors and do not want to interfere with the development of the property as a commercial use. We r . are concerned of the compatibility of the two types of uses be maintained. With - that in mind, we would suggest that the buildings be located further west and that consideration be given to placing more parking along the boundary line. • Mr. David LinclAl February 18, 2004 Page 3 • We feel this would.be less intrusive on the residential character of our property and would hope that such relocation would be an attractive compromise. We would even go so far as to suggest moving the buildings all the way to 212 and placing the back of them along the highway where there isn't any access. We would appreciate it if we could be advised and informed of the proposals with respect to the adjoining property. I am including the addresses of my business partner and Presbyterian Homes at the bottom of this letter. Thank you for the consideration of my letter. Very truly yours, /1/1 illiam J. Keefer WJK:se Cc: Mr. Scott, North American Properties Mr. John Mehrkens & Mr. Dan Lindh, Presbyterian Homes, 2845 Hamlin Ave. N., Roseville, MN 55113 Mr. R. A. 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SITE AERIAL F OUNTAIN PLACE . __ _ ---- .. r„_,.•,-,,.-„•.- ...,- - -•;=-.., - - f b,_:.......„....„......---,--•:--.--4.-....t,->k-1.-=--., r•m--...--:•81t.-.-Preg,...c.,ii 1 t:.•zittaltsdaK-z•-,;:-F.4-:.3,4,s.,,..,...1.1,t,-,..,4,%-;:• tr.0.:-...-..."..)--.1_..4:1•_•ii.„1..- -...... - . .-..- ........---. _ I 60 William J. Keefer G.V. Properties, Inc. 2557 Highway 61 St. Paul, MN 55109 651-415-0871 651-415-0872 (fax) keefe011(c aol.com (e-mail) March 5, 2004 Sent by e-mail: dlindahk edenprairie.org _ f -©avid Lindahl 1 ` � City of Eden Prairie Housing & Redevelopment Authority 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Lindahl: Jay Scott was kind enough to provide us with copies of the proposed layout . of the North American Development proposed along Highway 212, between Fountain Place and Prairie Center Drive. I have the following comments: 1 . The retail space identified as Retail C, D and E, have the rear portion of the building facing Broadmoor. It appears that the buildings are designed with loading docks, which means there will be a concentration of truck traffic, including possibly semi traffic, adjacent to the residential area. We find such a usage unacceptable and inconsistent with our residential zoning. We would ask that consideration be given to relocating the buildings so that the rear portions of the buildings are adjacent to Highway 212, where you have the greatest concentration of traffic and noise. Such a relocation, with proper screening, would provide the developer with an opportunity to have signage so that their buildings would be adequately identified without impacting Broadmoor as the present proposal does. l 70 David Lindahl - 2 - March 5, 2004 2. The proposed building layout will generate truck traffic with the proposed exit onto the road described as Castlemoor Drive. We object to the use of Castlemoor Drive as a truck and vehicle exit. Any east bound traffic will move in the direction of Prairie Center Drive, which is a right- hand turn exit only. It is our understanding that that intersection has or will be modified to include double left-hand turn lanes. The use of an easterly access will encourage car and truck traffic to Prairie Center Drive, which will then try to cross over Prairie Center Drive to the left-hand turn lanes. The truck traffic will be directly adjacent to the nursing home facility. We feel that all traffic should be directed back to Columbine Road and to Fountain Place, where there is a controlled intersection. 3. In the northeast corner of the development, it appears that there is a proposed development by others, which we understand may include a Wal- greens. Unfortunately, the intersection is not accessible other than by vehicles that are southbound on Prairie Center Drive. Once the vehicles turn on Prairie Center Drive, their only exit is to return to Prairie Center Drive and to head to the south because of the median. It is unfortunate that this parcel is in such a heavily traveled area. Our concern is that vehicles desiring to leave the development will cross in a northerly direction through our parking lots so that they can exit to the north. We respect the right of our neighbor to develop their property. We ask consideration be given to the fact that Broadmoor has been in existence for over 20 years as a residential community. It was our understanding that the property to the south of Broadmoor was to be developed as a residential use and not as a commercial use. We do not object to a commercial use, but ask that consideration be given to the residential nature of Broadmoor. The Broadmoor property is currently under contract with Presbyterian Homes, which intends to return the property to senior housing, which was the original purpose for which Broadmoor was built. Presbyterian Homes, LI I David Lindahl - 3 - March 5, 2004 and the service that they provide, would be a wonderful asset to Eden Prairie. Presbyterian Homes already owns the nursing home and we would ask that their thoughts and our thoughts be given serious consideration. Very truly yours, William J. Keefer cc: Randy Newton rnewton(a�eden prairie.orq Dan Lindh, Presbyterian Homes North American Properties Attn: Jay Scott 300 Prairie Center Drive Eden Prairie, MN 55344 R. A. Stinski, Skyline Builders • �1 � 1 Minnesota Department of Transportation O I es 4-0 a ��MoFrna�S¢° Metropolitan Division t1 -r- IC(Z vsk, Waters Edge (� AJ "'�t/ 1500 West County Road B2 l / /"k "L Roseville, MN 55113 December 30, 2003 Michael Franzen • Eden Prairie City Planner 8080 Mitchell Road • Eden Prairie,MN 55344 Dear Mr. Franzen: SUBJECT: Fountian Place,Mn/DOT Review#P03-120 SW Quad of TH 212 and Prairie Center Drive Eden Prairie, Hennepin County Control Section 2744 The Minnesota Department of Transportation(Mn/DOT)has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2,Plats. Before any further development,please address the following issues: ■ The westbound right turn lane on TH 212 for Fountain Place has a substandard length. The existing turn lane is 200 feet long. Based on Mn/DOT's design manual a standard right turn lane has a 300-foot turning lane and a 180-foot taper. The substandard length could cause:a'backup on:TH 212::In addition The stop condition on Fountain Place at Columbine Road could also cause'a backup on TH.212, depending on the volume of traffic turning on Fountain Place. Modeling of the traffic operations at this intersection will be required to determine the full traffic effect of this development. In order to extend the turn lane additional pavement will be • required on TH 212. Any work required on the highway will be the responsibility of the city or any party assigned by the city. Please contact Lars Impola in Mn/DOT's Traffic Section at(651) 634-2379,regarding these issues. ■ The utility plan shows a 42-inch stoma sewer pipe near the intersection of TH 212 and Prairie Center Drive however it is unclear where this pipe is draining. Please submit additional information showing where this pipe is draining. The proposed development will need to maintain existing drainage rates (i.e., the rate at which stoma water is discharged from the site must not increase). The City or project developer will also need to submit before/after hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting Mn/DOT right of way will be perpetuated. Please direct questions concerning these issues to Jill Pohjonen(651) 63.4-2074 of Mn/DOT's Water . • Resources section. . -• • An equal opportunity employer 113 ■ Mn/DOT would recommend to the city that access control be dedicated to Mn/DOT for the two access openings between Prairie Center Drive and Fountain Place on TH 212. This could be in concert with the State Aid project currently in development at Prairie Center Drive along TH 212. ■ Mn/DOT's Survey section reviewed the plat. Please identify Mn/DOT's right of way and the centerlines used to establish our right of way. When the final plat is approved please send one copy of the final plat to the following address for our files. David Torfin Mn/DOT—Metro West Surveys 2055 N. Lilac Drive Golden Valley,MN 55422 Phone: (763) 797-3113 As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Reviews Coordinator Mn/DOT -Metro Division Waters Edge 1500 West County Road B-2 Roseville,Minnesota 55113 • Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. If you have any questions concerning this review please feel free to contact me at (651) 582-1378. Sincerely, Brigid Gombold Senior Transportation Planner Copy: Rob Wied/Hennepon County Surveyors Section Bob Buyers/Hennepin County Westwood Professional Services,Inc. North American Properties Icy CITY COUNCIL AGENDA DATE: 5/18/04 SECTION: Public Hearings li DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Amendment to Section 11.70 entitled .lanet Jeremiah "Shoreland Code Amendments" , C Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance to amend Section 11.70 regarding grading, variances and non-conforming uses in a shoreland area.. Synopsis There are three proposed revisions. 1. Make the requirements for land alteration in a shoreland area consistent with land alteration requirements anywhere else in the City. 2. Add requirements for reviewing variances in a shoreland area. 3. Add requirements for review of conditional uses in a shoreland area. The DNR has reviewed the proposed changes and supports the code revisions. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the code change at the January 12, 2004 meeting. Background The code change accomplishes the following. • The code change will be a benefit to homeowners who will not have to go through a 90 day review process for minor alterations to property. The Community Planning Board and City Council will continue to review land alterations in shoreland areas when a subdivision is proposed. The Council will authorize the issuance of a land alteration permit at second reading. • Gives the City legal reasons for approval/denial of variances. Allows for a consistent review and treatment of variances. • Help improve water quality. • Help maintain neighborhood character. IDS • Prevention of soil erosion or other possible pollution of public waters, both during and after construction • Limiting visibility of structures and other facilities as viewed from the public waters • Improved water quality • Improved public safety for watercraft. • Impose conditions to minimize the impact of the conditional use on topography, vegetation, and water. Attachments 1. Ordinance for Shoreland Code Amendment 2. Community Planning Board Staff Report dated January 9, 2004 [7; CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. - 2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.50 RELATING TO SHORELAND MANAGEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Section 11.50, subd. 5, subpart B, is deleted in its entirety and replaced with the following: Applications for permit. Application for permit within any part of a shoreland area shall be made in conformance with procedures set forth in Section 11.55,subd. 5 A. Application for Land Alteration Permit, Fees, Council Action, Bond in addition to the requirements of this subdivision. Section 2. City Code Section 11.50, subd. 5, subparts C-F, are repealed. Section 3. City Code Section 11.50, subd. 5, subpart G, is amended to read subpart C. Section 4. City Code Section 11.50, subd. 5, subpart H, is amended to read subpart D. Section 5. The following subpart is added to City Code Section 11.50, subd. 5: E. Notification Procedures. 1. Copies of all notices of any public hearing to consider variances,amendments or conditional uses under any provision of this section must be sent to the Commissioner or the Commissioner's designated representative and post- marked at least ten days before the hearing. Notices of hearings to consider proposed plats must include copies of the plats. 2. A copy of approved amendments and plats, and final decision granting variances or conditional uses under this section must be sent to the Commissioner or the Commissioner's designated representative and post- marked within ten days of final action. 1 Section 6. The following clause is added to the end of City Code Section 11.50,subd.6,subpart A, as a separate paragraph: In considering variance requests, the Boards of Adjustment and Appeals must also consider whether the property owner has reasonable use of the lands without the variance, whether the existing sewage treatment system on the property needs upgrading before additional development is approved, whether the property is used seasonally or year-round,whether the variances is being requested solely on the basis of e conomic c onsiderations, and the characteristics o f development o n adjacent properties. • Section 7. The following subdivision is added to City Code Section 11.50: Subd. 20 Conditional Uses. The following standards must be used for reviewing conditional uses located in shoreland areas: A. A thorough evaluation of the topographic,vegetation, and soil conditions on the site to ensure: 1. Prevention of soil erosion or other possible pollution ofpublic waters, both during and after construction; 2. Limiting visibility of structures and other facilities as viewed from the public waters; and 3. Adequacy of the site for water supply and on-site sewage treatment; and B. An assessment of the types, uses, and numbers of watercraft that the project will generate in relation to the suitability of public waters to safely accommodate these watercraft. The City Council may impose some or any of the following conditions when granting conditional use permits that specify: increased setbacks from public waters; vegetation allowed to be removed or required to be established; sewage treatment system location, design or use; location,design, and use requirements for watercraft launching or docking, and for vehicular parking; structure or other facility design, use,and location;phasing of construction;and other conditions considered necessary by the City Council. 2 110 C. Administration of Conditional Use. Refer to Subdivision 5 entitled Administration,Application and Issuance of Certain Permits. Section 8. City Code Chapter 1 entitled General Provisions and Definitions Applicable to the Entire City Code, Including Penalties for Violation and Section 11.99 entitled A Violation of Misdemeanor are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 9. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of May, 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on thel8th day of May, 2004. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on the day of ,2004. EP\City Code\SHORELAND ORDINANCE REVISIONS.1 2 1 203 3 I79 Filed Materials Related to Variance 2004-05 • Staff Report • Agenda • Minutes • Corresponds from City of Eden Prairie • Corresponds submitted to City of Eden Prairie • Notice to Newspaper • Notice to Residential • Final Order • Mailing Documentation G Comtn De%Variances Master Files CPB May 2003 to presenii2004\2004-05 Staring Lake storage garage addition 05-10-044Filed Materials 2004-05 doe Ic O TO: Community Planning Board FRO1\I: Steve Durham, Planner II THROUGH: Michael D. Franzen, City Planner DATE: May 7, 2004 SUBJECT: Variance #2004-05 APPLICANT/ OWNER: City of Eden Prairie LOCATION: Staring Lake Park, north side of Staring Lake REQUEST: A shoreland setback variance from 200 feet to 65 feet. )(6. I Staff Report—Variance#2004-05 May 7, 2004 Page 2 BACKGROUND The purpose of the variance is to add on to an existing storage building. More room is needed to store water related equipment such as canoes kayaks, floatation devices, etc. The building could be located at the 200 foot setback. Trees would be removed for the building and additional driveway. It would be inefficient to have two separate storage buildings. The building would be more secure if attached to the existing structure and located close to the outdoor center building. See attached memo from Stuart Fox for additional information. The Department of Natural Resources has been notified of the request and had no comment. REQUESTED BOARD ACTION The Board may wish to choose from one of the following actions: 1. Approve Variance Request 2004-05 as submitted finding: • The building addition will not be visible from the lake. • The building addition will be painted brown to match the existing building. • No trees will be removed. • No parking will be removed. 2. Approve Variance Request#2004-05 with alterations. 3. Deny Variance Request#2004-05 ga STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: January 9, 2004 SUBJECT: City Code Amendment— Shoreland Ordinance PROPOSED REVISION There are three proposed revisions. 1. Make the requirements for land alteration in a shoreland area consistent with land alteration requirements anywhere else in the City. 2. Add requirements for reviewing variances in a shoreland area. 3. Add requirements for review of conditional uses in a shoreland area. MAKE THE REQUIREMENTS FOR LAND ALTERATION IN A SHORELAND AREA CONSISTENT WITH LAND ALTERATION REQUIREMENTS ANYWHERE ELSE IN THE CITY. The code states that any alteration in a shoreland area requires a review by the Community Planning Board and permit issued by the City Council after receiving comments from the Watershed District and the Department of Natural Resources. Permits for all other land alterations are required when more than 100 cubic yards of dirt are moved, or an area off 200 square feet is alternated by more than one foot, or 10% of the significant trees removed, or 10% removal of vegetation. Enforcing the shoreland code, as written, means that any sun room, deck, pool, patio, stairs, sidewalk,tree plantings,or gardens would require a 90 day public review process in order to obtain a land alteration permit. There are 4,700 lots in shoreland areas. If 5% of the homeowners, in 2004, wanted to alter their property, the Community Planning Board and City Council would review 235 permits. The code change will be a benefit to homeowners who will not have to go through a 90 day review process for minor alterations to property. The Community Planning Board and City Council will continue to review land alterations in shoreland areas when a subdivision is proposed. The Council will authorize the issuance of a land alteration permit at second reading. The code change is the result of a suit brought against the City. The judge reviewing the case indicated that the code requires the City Council to issue land alteration permits in a shoreland area. 03 The City practice has been that Community Planning Board and City Council review land alteration with plats and that the staff issues the actual permit based on plans approved by the City Council. ADD REQUIREMENTS FOR VARIANCES IN A SHORELAND AREA. This paragraph accomplishes the following. • Gives the City legal reasons for approval/denial of variances.Allows for a consistent review and treatment of variances. • Help improve water quality. • Help maintain neighborhood character. ADD REQUIREMENTS FOR REVIEW OF CONDITIONAL USES IN A SHORELAND AREA These requirements help accomplish the following. • Prevention of soil erosion or other possible pollution of public waters,both during and after construction • Limiting visibility of structures and other facilities as viewed from the public waters • Improved water quality • Improved public safety for watercraft. • Impose conditions to minimize the impact of the conditional use on topography,vegetation, and water. There are two types of conditional uses permitted in the City. • Historic properties. Dunn Bros. is the only historic property that is located in a shoreland area. • Single family homes in the Major Center Area, guided office, zoned R1-22 or Rural,which may be used for office use for a period not to exceed three years. STAFF RECOMMENDATION Staff recommends approval of the code changes to the shoreland ordinance. Ii !7y CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 18, 2004 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Finance Payment of Claims Sue Kotchevar Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 129659— 130098 Wire Transfers - 1995 - 2004 Background Information Attachments 1T.5 City of Eden Prairie Council Check Summary 05/18/2004 Division Amount General 34,319 100 City Manager 58 101 Legislative 1,222 102 Legal Counsel 56,248 110 City Clerk 1,444 111 Customer Service 16,610 112 Human Resources 4,547 113 Communication Services 318 115 Risk Management 7,115 116 Facilities 25,307 117 City Center 28,830 130 Assessing 733 131 Finance 5,259 132 Social Services 9,866 133 Community Development 7 135 Information Technology 22,523 136 Wireless Communication 1,740 137 Economic Development 132 150 Park Administration 36 151 Park Maintenance 67,957 153 Athletic Programs 799 154 Community Center 7,944 156 Youth Programs 4,824 157 Special Events 239 158 Senior Center 2,947 160 Therapeutic Recreation 1,014 161 Oak Point Pool 277 162 Arts 1,482 163 Park Facilities 774 180 Police 8,277 183 Civil Defense 2,950 184 Fire 3,869 186 Inspections 120 200 Engineering 1,758 201 Street Maintenance 35,348 203 Fleet Services 37,164 204 Equipment Revolving 68,675 301 CDBG 5,000 304 Senior Awareness Fund 3,325 310 Fire Fighters Fund -1,626 311 Grant Fund 20 502 Park Development 6,500 503 Utility Improvement 1,200 505 Utility Reserve 520 506 Improvment Bonds 1996 1,673 507 Construction Fund 2,393 509 CIP Fund 49,472 511 Construction Fund 67,826 601 Prairie Village Liquor 73,920 602 Den Road Liquor 126,040 603 Prairie View Liquor 66,957 701 Water Fund 38,648 702 Sewer Fund 203,328 703 Storm Drainage Fund 9,533 803 Escrow Fund 6,210 806 SAC Agency Fund 24,450 807 Benefits Fund 168,252 Report Totals 1,316,372 RR City of Eden Prairie Council Check Register 05/18/2004 Check# Amount Vendor/Explanation Account Description Business Unit 1995 569 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 1996 10,206 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1997 23,985 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 1998 15,248 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1999 124,010 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2000 30 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2001 2,264 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2002 14,370 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2003 384 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2004 59,784 MINNESOTA DEPT OF REVENUE Operating Supplies Fitness Classes 129659 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 129660 26 CARIBOU COFFEE Operating Supplies Preschool Events 129661 200 CHAD NESTOR&ASSOCIATES Printing Therapeutic Rec Administration 129662 1,077 DISPLAY SALES Operating Supplies City Center Operations 129663 162 ESPRESSO MIDWEST INC Building Repair&Maint. City Center Operations 129664 7,926 FLOORS BY BECKER Building Repair&Maint. Capital Impr./Maint.Fund 129665 536 FORE MECHANICAL,INC Building Repair&Maint. Senior Center 129666 120 GRAY,ALAN Licenses&Taxes Engineering 129667 36 INTEREUM INC Capital Under$2,000 Furniture 129668 3,185 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies Public Works/Parks 129669 128 KOWALSKI'S MARKET Operating Supplies Preschool Events 129670 80 KRESS,CARLA Mileage&Parking Senior Center Administration 129671 6,500 LASALLE CONSULTING Other Contracted Services Park Acquisition&Development 129672 72 MENARDS Operating Supplies Fire 129673 611 METRO SALES INCORPORATED* Other Rentals General 129674 235 NASW-MN Miscellaneous Housing,Trans,&Human Sery 129675 480 NUR,ZINA Miscellaneous Housing,Trans,&Human Sery 129676 1,292 PETERS,CONNIE Miscellaneous General Fund 129677 295 PETTY CASH-POLICE DEPT Travel Expense Police 129678 344 PITNEY BOWES INC Other Rentals General 129679 24 R&R MARINE INC Equipment Repair&Maint Park Maintenance 129680 120 RUE,RODNEY Licenses&Taxes Engineering 129681 6,406 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 129682 9 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 129683 120 STOCKWELL,WENDELL Dues&Subscriptions Inspections-Administration 129684 120 BOLD,PAULINE Instructor Service Outdoor Center 129685 40 CAMPOS,LORI Instructor Service Outdoor Center 129686 180 CITY ENGINEERS ASSOC OF MINNES Dues&Subscriptions Engineering 129687 137 CORPORATE EXPRESS Office Supplies General 129688 100 DAHL,BERNARD Refunds Environmental Education 129689 123 DAMA-MP INC Operating Supplies Water Treatment Plant 129690 15 ESCHELON TELECOM INC Other Contracted Services Telephone 129691 80 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 129692 52 LAPPIN,VIOLET Program Fee Senior Center Program 129693 100 LARSON,DAVID E Refunds Environmental Education 129694 100 MATJASKO,LOUIS S Refunds Environmental Education 129695 400 MAXIMUM SOLUTIONS INC Conference Expense Information Technology 129696 243 MENARDS Equipment Repair&Maint Water System Maintenance 129697 120 MN BOARD OF AELSLAGID Licenses&Taxes Engineering 129698 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 129699 1,845 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Telephone 129700 308 PETTY CASH Mileage&Parking Senior Center Administration 129701 397 QWEST Telephone Forest Hills Park 129702 8,836 RICHFIELD,CITY OF Autos Public Works 129703 100 SAUDER,DELORES Refunds Environmental Education 129704 27 SHERWIN WILLIAMS CO Building Repair&Maint. Park Shelters 129705 50 TSUCHIYA,CONNIE Refunds Environmental Education 129706 100 ZWEBER,JOE Refunds Environmental Education 129707 60 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 129708 182 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 129709 5,396 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 129710 242 CAT&FIDDLE BEVERAGE 1 U 7 Wine Domestic Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 129711 3,996 DAY DISTRIBUTING Beer Prairie Village Liquor Store 129712 2,253 EAGLE WINE COMPANY Liquor Den Road Liquor Store 129713 13,920 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 129714 137 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 129715 723 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 129716 10,249 GRIGGS COOPER&CO Liquor Den Road Liquor Store 129718 16,700 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 129719 4,361 MARK VII Misc Taxable Prairie Village Liquor Store 129720 604 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 129721 1,017 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 129722 5,184 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 129723 15,526 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 129724 636 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 129725 2,716 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 129726 8,597 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store 129727 16,701 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 129728 264 VINIFERA MINNESOTA Wine Imported Den Road Liquor Store 129729 1,868 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 129730 176 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 129731 1,183 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 129732 103 ALL AMERICAN RECREATION INC Operating Supplies Senior Awareness 129733 537 ANCHOR PAPER COMPANY Office Supplies General 129734 100 ANDERSON,MARTHA Refunds Environmental Education 129735 100 ATWILL,DOUG Refunds Environmental Education 129736 181 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 129737 100 BEST,MIKE Other Contracted Services Assessing 129738 1,514 CARLSON&SOLDO,PLLP Legal Legal Council 129739 123 CENTERPOINT ENERGY Gas Crestwood Park 129741 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 129742 96 DELL MARKETING L.P. Other Contracted Services Economic Development 129743 1,585 ELAN FINANCIAL SERVICES Other Hardware Information Technology 129744 50 FIEDLER,SCOTT Refunds Environmental Education 129745 54,735 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 129746 427 GS DIRECT Operating Supplies Engineering 129747 41 GUTHRIE THEATER Special Event Fees Senior Center Program 129748 120 HAMMOND SR,JOHN Events/Admission Fee Therapeutic Rec Administration 129749 214 HANLON,KIM Mileage&Parking Fire 129750 720 HCMC-EMS EDUCATION Tuition Reimbursement/School Police 129751 2,596 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 129752 1,071 HENNEPIN COUNTY TREASURER Board of Prisoner Police 129753 318 IABC Dues&Subscriptions Communication Services 129754 100 ILSTRUP,JUDY Other Contracted Services Assessing 129755 2,745 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery 129756 12,315 INSIGHT PUBLIC SECTOR Equipment Repair&Maint Information Technology 129757 109 IRMITER,JESSE Mileage&Parking Fire 129758 1,716 KALKES,JAYNA Tuition Reimbursement/School In Service Training 129759 5,690 KMC TELECOM Telephone Telephone 129760 6,141 LEAGUE MN CITIES INS TRUST Other Contracted Services Risk Management 129761 100 MALAM,DOUG Other Contracted Services Assessing 129762 22,869 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 129763 60 MINNESOTA BUREAU OF CRIMINAL A Employment Support Test Human Resources 129764 4,677 MINNESOTA STATE TREASURER Building Surcharge General Fund 129765 528 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 129766 185 MINNESOTA TWINS Special Event Fees Senior Center Program 129767 615 MOORE MEDICAL CORP Safety Supplies Fire 129768 471 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 129769 135 NFPA Dues&Subscriptions Fire 129770 100 O'CONNOR,ANNETTE Other Contracted Services Assessing 129771 100 PETERSON,DEBRA Refunds Environmental Education 129772 36 PETSMART Canine Supplies Police 129773 100 PIDCOCK,PATRICIA Other Contracted Services Assessing 129774 130 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 129775 32 RASKE,DEB Operating Supplies Fitness Classes 129776 15 REIMAN PUBLICATIONS Dues&Subscriptions Senior Center Administration 129777 98 SPRINGER,KIP Mileage&Parking Fire 129778 2,464 STATE OF MINNESOTA (g Autos Police Check# Amount Vendor/Explanation Account Description Business Unit 129779 2,464 STATE OF MINNESOTA Autos Police 129780 57 STATE OF MINNESOTA Operating Supplies Fleet Services 129781 193 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits 129782 225 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 129783 22 WERNER ELECTRIC SUPPLY CO. Equipment Parts Water Treatment Plant 129784 187 WEST WELD Equipment Parts Fleet Services 129785 3,394 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 129786 50 ZHRAHALA,RICHARD Refunds Environmental Education 129787 336 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 129788 1,518 AAMCO Equipment Repair&Maint Fleet Services 129789 8 ADOMAITIS,JEANNE Program Fee Tennis 129790 6,000 ALLIANT ENGINEERING INC Deposits Escrow 129791 1,993 ALLIED ADJUSTERS Insurance Claims Sewer Utility-General 129792 35 AMERICAN RED CROSS Training Supplies Pool Operations 129793 613 ANCHOR PAPER COMPANY Office Supplies General 129794 8 ASHTIANI,MOHAMMAD Program Fee Tennis 129795 99 BASILE,JULIE Program Fee Athletics 129796 7,000 BFI REAL ESTATE HOLDINGS LLC Right of Way&Easement Construction Fund 129797 8 CAI,AIJUAN Program Fee Tennis 129798 8 CARLSON,ROBERT Program Fee Tennis 129799 3,221 CLASS SOFTWARE SOLUTIONS Program Fee Senior Awareness 129800 171 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 129801 110 DAVANNI'S PIZZA Other Contracted Services City Council 129802 13 DERKS,CARRIE Program Fee Tennis 129803 4,000 DYS PROPERTIES Right of Way&Easement Construction Fund 129804 6,090 EDEN PRAIRIE,CITY OF Building Capital Impr./Maint.Fund 129805 8 FLARE HEATING Cash Over/Short General Fund 129806 1,870 FLORO OLINDA Due to Other Governments SAC Agency Fund 129807 25 FRIEDERICHS,KATE Program Fee Senior Center Program 129808 210 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 129809 64 GRANT,YOLANDA Mileage&Parking Therapeutic Rec Administration 129810 336 GREATAMERICA LEASING CORP. Other Rentals General 129811 56 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals 129812 14,520 HINCKLEY CHEVROLET Autos Public Works 129813 131 KOENIG,LINDA Operating Supplies Art&Music 129814 572 KRAEMERS HARDWARE INC Capital Under$2,000 Water Utility-General 129815 2,012 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 129816 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 129817 100 PETTY CASH-CARLA KRESS Petty Cash&Change Funds General Fund 129818 959 RATEIKE,MARILYN JANE Operating Supplies Art&Music 129819 977 RICHFIELD,CITY OF Autos Public Works 129820 93 RUMFORD,JOAN Program Fee Senior Center Program 129821 11 SEARS COMMERCIAL ONE Operating Supplies Park Maintenance 129822 31 STATE OF MINNESOTA Operating Supplies Fleet Services 129823 16 T&T MECHANICAL Cash Over/Short General Fund 129824 290 TAPES PLUS ADVERTISING Advertising Den Road Liquor Store 129825 3,713 US POSTMASTER-HOPKINS Postage General 129826 964 USSATIS,DEREK Tuition Reimbursement/School In Service Training 129827 93 WINDSONG MGMT Outside Water Sales Water Enterprise Fund 129828 25 AARSTEAD,RUTH Program Fee Senior Center Program 129829 371 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 129830 156 BACHMANS CREDIT DEPT Operating Supplies Preschool Events 129831 16 BARRETT,JAN Program Fee Tennis 129832 5 BEN FRANKLIN ELECTRIC Cash Over/Short General Fund 129834 1,617 BIFFS INC Waste Disposal Park Maintenance 129835 10 BLAUBACH,AMY Program Fee Outdoor Center 129836 520 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Fire Station#3 129837 40 BRAGG,ANNALISA Instructor Service Outdoor Center 129838 40 CAMPOS,LORI Instructor Service Outdoor Center 129839 100 CARLSON,SHEILA Refunds Environmental Education 129840 8 COLLINS,SCOTT Program Fee Tennis 129841 13 DIBIAS,DEBI Program Fee Tennis 129842 683 DISCOUNT SCHOOL SUPPLY Recreation Supplies Spring Skill Development 129843 100 DOBCHUK,JAMES Refunds Environmental Education 129844 271 EDEN PRAIRIE ROTARY CLUB (i Dues&Subscriptions City Council 129845 6 ESPE,LAURIE + ))—I Lessons&Classes Pool Lessons Check# Amount Vendor/Explanation Account Description Business Unit 129846 100 FREY,TERRI GEIGER Instructor Service Outdoor Center 129847 100 GARDNER,MARK W Refunds Environmental Education 129848 256 GE CAPITAL Other Rentals General 129849 7 GENG,WEI Program Fee Tennis 129851 1,176 GENUINE PARTS COMPANY Equipment Parts Fleet Services 129852 164 GRAY,ANNA Program Fee Afternoon Playground 129853 8 HANKEY,MARY Program Fee Tennis 129854 7 KALASH,SAMANTHA Program Fee Tennis 129855 7 KLEMP,AMY Program Fee Tennis 129856 7 LIU,KRISTI Program Fee Tennis 129857 7 MATHEW,JOSEPH Program Fee Tennis 129858 25 MERLINS ACE HARDWARE Operating Supplies Park Maintenance 129859 120 METRO SALES INCORPORATED* Equipment Repair&Maint General 129860 27 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 129861 65 NAIK,SHARON Program Fee Outdoor Center 129862 755 NILSSEN,BETH Instructor Service Ice Arena 129863 40 ON BELAY OUTDOOR ADVENTURES Instructor Service Outdoor Center 129864 13 PAUL,LINDA Program Fee Tennis 129865 10 PENNIE,DONALD Program Fee Senior Center Program 129866 27 PERKET,MICHAEL Cash Over/Short General Fund 129867 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 129868 63 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 129869 2,408 QWEST Telephone Prairie Village Liquor Store 129870 8 STAHL,PAT Program Fee Tennis 129871 35 TA,MAI Program Fee Outdoor Center 129872 8 TINKLENBERG,SUSAN Program Fee Tennis 129873 40 TRAPP,SUZANNE Instructor Service Outdoor Center 129874 8 WELTY INGRID Program Fee Outdoor Center 129875 98 WERTS,SANDY Mileage&Parking Special Events Administration 129876 1,404 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 129877 16 YANCHUK,VLADA Program Fee Tennis 129878 50 YOUNG,NANCY Refunds Environmental Education 129879 7 ZIGAN,LYNN Program Fee Tennis 129880 119 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 129881 210 BIG D'S TAKE&BAKE PIZZA Merchandise for Resale Concessions 129882 6,075 BIG STEER MEATS Other Contracted Services Deer Consultant 129883 63 BROWN,PAT Operating Supplies Ice Show 129884 46 CRON,SUE Operating Supplies Ice Show 129885 790 CRYSTEEL TRUCK EQUIPMENT Equipment Repair&Maint Park Maintenance 129886 22 DEANOVIC,JIM Landscape Materials/Supp Street Maintenance 129887 11 EDWARDS,KARLA Outside Water Sales Water Enterprise Fund 129888 50 FERRISS,BRUCE Refunds Environmental Education 129889 1,016 GYMBOREE PLAY&MUSIC Instructor Service Preschool Events 129890 90 KLINEFELTER,NICOLE Staring Lake Bldg Park Facilities 129891 6,500 LARIAT COMPANIES INC. Right of Way&Easement Construction Fund 129892 225 LEAGUE MN CITIES INS TRUST Insurance Risk Management 129893 237 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store 129894 100 MATTSON,TIM Refunds Environmental Education 129895 818 METRO SALES INCORPORATED* Other Rentals General 129896 36 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 129897 100 MLYNAR,NICKI Refunds Environmental Education 129898 132 MUENCH,JOHANNA Operating Supplies Ice Show 129899 39 NILSSEN,BETH Operating Supplies Ice Show 129900 127 OFFICE DEPOT CREDIT PLAN Office Supplies Finance 129901 100 ORTENBURGER,MARK Refunds Environmental Education 129902 103 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 129903 3,054 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 129904 36 QWEST Telephone Sewer Liftstation 129905 526 REBS MARKETING Other Contracted Services Water Accounting 129906 250 ROBICHONS THE IN-LINE SKATE SC Other Contracted Services Summer Safety Camp 129907 45 ROUSE,SUSAN Operating Supplies Ice Arena 129908 20 SIPPOLA,STAN AND DELORES Program Fee Senior Center Program 129909 17 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 129910 247 TAUBER,MICHAEL Outside Water Sales Water Enterprise Fund 129911 26 LEUNG,KIN Outside Water Sales Water Enterprise Fund 129912 1,851 US POSTMASTER-HOPKINS 196 Postage Water Accounting Check# Amount Vendor/Explanation Account Description Business Unit 129913 39,825 WHITE BUFFALO INC Other Contracted Services Deer Consultant 129914 41,998 WICK FORD Autos Police 129915 11 WORKING RX Other Contracted Services Risk Management 129916 114 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 129917 88 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 129918 90 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 129919 2,352 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 129920 329 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 129921 4,534 DAY DISTRIBUTING Beer Den Road Liquor Store 129922 2,213 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 129923 7,830 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 129924 128 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 129925 358 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 129926 3,977 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 129927 676 HOHENSTEINS INC Beer Prairie Village Liquor Store 129929 21,260 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 129930 7,515 MARK VII Beer Prairie Village Liquor Store 129931 2,414 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 129932 12,283 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 129933 902 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 129934 1,405 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 129935 13,713 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 129936 10,960 THORPE DISTRIBUTING Beer Den Road Liquor Store 129937 599 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 129938 268 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 129939 1,605 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 129940 212 A TO Z RENTAL CENTER Operating Supplies Preschool Events 129941 383 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 129942 260 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 129943 2,525 ANCHOR PRINTING COMPANY Miscellaneous City Council 129944 340 ANOKA TECHNICAL COLLEGE Tuition Reimbursement/School Fire 129945 51 AQUA ENGINEERING INC Operating Supplies Street Maintenance 129946 7,062 ASPEN EQUIPMENT CO. Capital Under$2,000 Fleet Services 129947 645 ASSOCIATED WELL DRILLERS INC Other Contracted Services Park Maintenance 129948 177 AURORA PICTURES Office Supplies General 129949 679 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 129950 48 BECKER ARENA PRODUCTS INC Operating Supplies Ice Arena 129951 1,928 BENIEK PROPERTY SERVICES INC. Building Repair&Maint. Fire Station#5 129952 72 BLOOMINGTON CHRYSLER Capital Under$2,000 Fleet Services 129953 788 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Miller Park 129954 132 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 129955 584 BOYER TRUCKS Equipment Repair&Maint Fleet Services 129956 967 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 129957 469 BRISSMAN-KENNEDY Cleaning Supplies General Facilities 129958 12,054 BROCK WHITE CO Seal Coating Street Maintenance 129959 2,745 CALCIQUEST Chemicals Water Treatment Plant 129960 41 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 129961 3,214 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 129962 1,624 CLAREYS INC Operating Supplies Traffic Signals 129963 260 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Water Treatment Plant 129964 177 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 129965 280 COPY EQUIPMENT INC Operating Supplies Park Maintenance 129966 1,706 CORPORATE EXPRESS Office Supplies General 129967 19 CROWN MARKING INC Office Supplies City Center Operations 129968 3,413 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 129969 706 CUTTING EDGE TECHNOLOGIES Equipment Repair&Maint Engineering 129970 252 CY'S UNIFORMS Clothing&Uniforms Police 129971 264 DALCO Cleaning Supplies Maintenance 129972 10,966 DIVERSE BUILDING MAINTENANCE Other Contracted Services Emergency Preparedness 129973 3,272 EAGLEBROOK INC Chemicals Water Treatment Plant 129974 457 EARL F ANDERSEN INC Repair&Maint.Supplies Miller Park 129975 857 EF JOHNSON Operating Supplies Wireless Communication 129976 45 ELVIN SAFETY SUPPLY INC Repair&Maint.Supplies Fire 129977 414 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 129978 1,832 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage 129979 83 ESPRESSO MIDWEST INC 191 Building Repair&Maint City Center Operations Check# Amount Vendor/Explanation Account Description Business Unit 129980 65 FEDERAL SIGNAL CORPORATION Equipment Parts Fleet Services 129981 273 FERRELLGAS Motor Fuels Ice Arena 129982 38 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 129983 168 FORDAHL,TAMARA Other Contracted Services Volleyball 129984 6,549 FORE MECHANICAL,INC Building Repair&Maint. Outdoor Center 129985 926 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 129986 272 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 129987 145 GIRARD'S BUSINESS MACHINES INC Other Rentals General 129988 20 GRAINGER Equipment Parts Fleet Services 129989 165 GREENMAN TECHNOLOGIES OF MN IN Tires Fleet Services 129990 1,174 GREG LARSON SPORTS Recreation Supplies Summer Skill Development 129991 1,425 GUNNAR ELECTRIC CO 1NC Building Repair&Maint. Round Lake 129992 58,472 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Maintenance 129993 14,068 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 129994 352 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 129995 294 HIGLEY,STEVE Other Contracted Services Softball 129996 689 HILLYARD Repair&Maint.Supplies Maintenance 129997 1,140 HIRSHFIELD'S Operating Supplies Park Maintenance 129998 18 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 129999 249 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 130000 230 IDENTIX INCORPORATED Operating Supplies Police 130001 438 IND SCHOOL DIST 272 Printing Special Events&Trips 130002 199 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 130003 7,333 INSIGHT PUBLIC SECTOR Computers Information Technology 130004 6,853 INTEREUM INC Capital Under$2,000 Furniture 130005 1,200 JAB'S GEHRIG&COMPANY Other Contracted Services Utility Improvement Fund 130006 806 JANEX INC Repair&Maint.Supplies General Facilities 130007 143 LAKE COUNTRY DOOR Building Repair&Maint. Fire Station#5 130008 1,650 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 130009 1,012 LANO EQUIPMENT INC Other Rentals Street Maintenance 130010 530 LEON DUDA PLUMBING Other Contracted Services Water Meter Repair 130011 970 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 130012 1,172 LON MUSOLF FLOORING COMPANY Building Repair&Maint. Outdoor Center 130013 96 LOTUS LAWN&GARDEN Landscape Materials/Supp Reforestation 130014 230 M R SIGN Signs Traffic Signs 130015 870 MARTIN CALIBRATION INC Equipment Repair&Maint Wireless Communication 130016 40 MAXI-PRINT INC Printing Police 130017 24,375 MCF-LINO LAKES Other Contracted Services Street Maintenance 130018 5,210 McFARLAND CONSTRUCTION COMPANY Building City Center Operations 130019 738 MED COMPASS Other Contracted Services Risk Management 130020 761 MENARDS Building Repair&Maint. Park Maintenance 130021 122 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 130022 191,964 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 130023 212 METROPOLITAN FORD Equipment Parts Fleet Services 130024 2,784 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 130025 53 MILLERBERND MANUFACTURING COMP Operating Supplies Emergency Preparedness 130026 292 MINNESOTA BODY&EQUIPMENT CO Other Contracted Services Accessibility 130027 152 MINNESOTA CONWAY Safety Supplies Fire 130028 195 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes City Center Operations 130029 200 MINNESOTA DEPT OF PUBLIC SAFET Licenses&Taxes Water Well#6 130030 48 MINNESOTA GLOVE INC Safety Supplies Fleet Services 130031 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 130032 59 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 130033 308 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 130034 350 MOORE MEDICAL CORP Safety Supplies Fire 130035 812 MRCI Building Materials Street Maintenance 130036 382 MTI DISTRIBUTING INC Equipment Parts Fleet Services 130037 71 NASCO Operating Supplies Special Initiatives 130038 258 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 130039 1,083 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 130040 1,989 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 130041 302 NORTHERN TOOL&EQUIPMENT CO. Operating Supplies Park Maintenance 130042 5,125 NORTHSHORE ADVISORS LLC Audit&Financial Finance 130043 744 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Telephone 130044 27 OLSEN COMPANIES Operating Supplies Street Maintenance 130045 38 OSI BATTERIES INC l( Operating Supplies Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 130046 29,936 PARKOS CONSTRUCTION COMPANY Building Capital Impr./Maint.Fund 130047 746 POVOLNY SPECIALTIES Repair&Maint.Supplies Park Maintenance 130048 2,800 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Den Road Liquor Store 130049 490 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 130050 233 PRAIRIE OFFSET PRINTING Printing Assessing 130051 1,043 PRAIRIEVIEW RETAIL LLC Capital Under$2,000 Prairie View Liquor Store 130052 136 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 130053 1,140 PUBLIC SAFETY EQUIPMENT CO Equipment Repair&Maint Police 130054 573 REED BUSINESS INFORMATION Legal Notices Publishing Street Maintenance 130055 651 S&S WORLDWIDE Recreation Supplies Spring Skill Development 130056 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 130057 1,673 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 130058 2,028 SIMPLEXGRINNELL LP Equipment Repair&Maint Maintenance 130059 168 SNAP-ON TOOLS Small Tools Fleet Services 130060 436 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 130061 2,393 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction 130062 56 STAR TRIBUNE Dues&Subscriptions Fire 130063 2,279 STREICHERS Training Supplies Police 130064 4,487 STS CONSULTANTS LTD Other Contracted Services Storm Drainage Projects 130065 6 SUBURBAN CHEVROLET Equipment Parts Fleet Services 130066 67 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services 130067 1,097 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 130069 1,444 SUN NEWSPAPERS Legal Notices Publishing City Clerk 130070 120 SUPREME SALES COMPANY INC Repair&Maint.Supplies City Center Operations 130071 851 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 130072 2,724 TESSCO Capital Under$2,000 Fleet Services 130073 542 TESSMAN SEED CO Chemicals Park Maintenance 130074 486 THYSSENKRUPP ELEVATOR Building Repair&Maint. City Center Operations 130075 88 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance 130076 17 TOTAL REGISTER Operating Supplies Den Road Liquor Store 130077 54 TOWN AND COUNTRY DODGE Equipment Repair&Maint Fleet Services 130078 1,182 TRANS ALARM INC Operating Supplies Police 130079 340 TWIN CITY OXYGEN CO Equipment Parts Fleet Services 130080 746 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 130081 313 U S LAWNS OF TWIN CITIES Other Contracted Services Park Maintenance 130082 17 UNIFORMS UNLIMITED Clothing&Uniforms Fire 130083 1,213 UNITED PROPERTIES-CONSTRUCTION Building Repair&Maint. Police City Center 130084 17 UNITED RENTALS Operating Supplies Street Maintenance 130085 206 UNITED RENTALS HIGHWAY TECHNOL Signs Traffic Signs 130086 1,009 VESSCO INC Equipment Parts Water Treatment Plant 130087 16,524 WALL TRENDS INC Building Repair&Maint. City Center Operations 130088 659 WATER SPECIALTY OF MN INC Repair&Maint.Supplies Pool Maintenance 130089 303 WEST WELD Small Tools Fleet Services 130090 641 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 130091 5,000 WILKUS ARCHITECTS INC Building CDBG Fund 130092 162 WILSONS NURSERY Landscape Materials/Supp Park Maintenance 130093 297 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 130094 15 WORM,SANDY Landscape Materials/Supp Park Maintenance 130095 1,264 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services 130096 1,375 ZIEBART OF MINNESOTA INC Capital Under$2,000 Fleet Services 130097 1,864 ZIEGLER INC Building Repair&Maint. Fire Station#1 130098 252 ZOELLNER,MARK Other Contracted Services Softball 1,316,372 Grand Total 193 CITY COUNCIL AGENDA DATE: SECTION: Reports of Parks and Recreation Director May 18, 2004 DEPARTMENT/DIVISION1 ITEM DESCRIPTION: ITEM NO.: From: Robert A. Lambert, Director of Parks &Recreation Community Center Rink One Repairs X) + 1 , V • Requested Action Move to: Authorize staff to contract for architectural services to prepare plans and specifications and to advertise for bids for removal and replacement of existing floor and direct Freon system in Rink One at the Community Center. Synopsis During the first week of May the City completed a half-cell field leak detection analysis of Rink One at the Eden Prairie Community Center. That analysis indicated corrosion of the piping in Rink One is far beyond a level that can be expected to last beyond a few more months. The contractor has repaired all of the leaks that it has been able to find and the system continues to loose approximately 15 —20 pounds of Freon per day, when put under pressure. The piping is so corroded,there could be hundreds of pin-hole leaks that are virtually undetectable. The sub floor heat system also failed last fall and must be replaced in order to protect the floor under the rink from serious frost heave problems. City staff had expected to be able to delay this replacement until 2005, but based on this new analysis the rink must be replaced before further operation. Background Attached to this memorandum is a copy of an ice rink repair study completed in February 2004 and a copy of the half-cell field leak detection grid indicating the extent of the corrosion. The estimated cost for replacing the existing system is $430,000. City staff would also recommend obtaining a deduct alternate bid for replacing the concrete floor with a sand floor system. If the Council authorizes approval to proceed with this project at this time, staff would attempt to have the rink replaced and operating prior to October 1, 2004. City staff will have to notify those who have reserved ice time for both rinks at the Community Center this summer, and try to accommodate as many users as possible. Staff will assist others in attempting to find ice time available in adjacent community's ice arenas. Staff would recommend the Council consider funding this expenditure from Capital Fund reserves. Community Center Rink 1 Repairs May 18,2004 Page 2 In order to understand the extent of the problems with the rink, please review the half-cell field leak detection grid; anything over .3 should be a concern. Attachments: Ice Rink Repair and Addition Study Half-Cell Field Leak Detection Grid RAL:bju G:\Brenda\Letter&Memos\Lambert 2004\Memorandum\Community Center Rink 1 Repairs.doc ICE RINK REPAIR AND ADDITION STUDY Cost Estimate • February 9,2004 The following ice rink options range from absolute minimum up to and including third rink facility: 1. Repair Rink I with existing Freon direct system Demolition $ 50,000 Replace floor and connect to existing 318,000 Total construction $ 368,000 A/E fees 25,000 Contingency—10% 37,000 Total Budget Estimate $ 430,000 2. Redo Rink I with new ammonia indirect brine system,including new Refrigeration room and Zamboni/storage Demolition(includes interior) $ 60,000 Replace floor with brine and new ammonia refrigeration system 613,000 Building addition 130,000 Total construction $ 803,000 A/E fees 57,000 Contingency 80,000 Total Budget Estimate $ 940,000 3. Redo both Rink I(concrete)and Rink II(sand)with new Ammonia indirect system and building addition Demolition $--70,000 Replace concrete floor,Rink I,and refrigeration __672,000 Replace sand floor,Rink II,and refrigeration 220,000 Building addition - 130,000 Total construction $1,092,000 A/E fees 73,000 Contingency - 105,000 Total Budget Estimate 4.a. Add third rink III to above system as an outdoor facility,including skater and Zamboni access to Rink II team rooms,and relocate parking — see Drawing R 1 Parking lot site work $ 80,000 Demolition/site 50,000 Concrete rink with dashers 250,000 Connection to existing building 30,000 Refrigeration system 296.000 Total construction $ 706,000 A/E fees 49,000 Contingency 70.000 Total Budget Estimate $ 825,000 4.b. Arena enclosure and team rooms option for above—approximately 120 x 220(26,500 s.f.)—see Drawing R-2 Team rooms and interior $ 120,000 Building shell(masonry) 1,060,000 Mechanical and electrical 530,000 Total construction $1,710,000 A/E fees 120,000 Contingency 170.000 Total option budget $ 200,000 4. Grand Total Third Rink Arena Budget $2,825,000 • E P. Cc., Uti o:r,, may, '8 El( •c, 64n, oe't .3 ail !a te',"*LPISTEN ICE RINK REFRI6ERATION SPECIALISTS THER • . 4. Y , 4850 HALF CELL FIELD LEAK DETECTION GRID RINK-SIZE: 200'X 85'X 28'RADIUS '..NOTES: . 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