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HomeMy WebLinkAboutCity Council - 05/17/2005 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY,MAY 17, 2005 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Carol Pelzel Heritage Room H I. ASSESSING AND TAXATION - Steve Sinell, City Assessor Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 17, 2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. CERT CERTIFICATE CEREMONY V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 3,2005 B. CITY COUNCIL MEETING HELD TUESDAY,MAY 3, 2005 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HERITAGE PINES - FIRST AMENDMENT TO DEVELOPMENT AGREEMENT by David W. Durst. Request for First Amendment to Development Agreement to eliminate the requirement for cross access, storm sewer and maintenance agreement. Location: 17621 Pioneer Trail. C. HENNEPIN VILLAGE by Pemtom Land Company. Request to approve the Developer Agreement for Hennepin Village Limited Partnership. D. ADOPT RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT FOR TRAFFIC SIGNAL ON TH 212 AT CHARLSON ROAD,I.C. 05-5638. CITY COUNCIL AGENDA May 17, 2005 Page 2 E. APPROVE CONTRACT WITH STATE OF MINNESOTA FOR ICWC (INSTITUTION COMMUNITY WORK CREW) F. AUTHORIZE AGREEMENT WITH HENNEPIN COUNTY TO CONTINUE PARTICIPATION IN WETLAND HEALTH EVALUATION PROJECT G. ACCEPT 2004 GENERAL FUND FINANCIAL RESULTS H. ESTABLISH SENIOR ISSUES TASK FORCE I. AWARD CONTRACT FOR 2005 SEALCOATING,I.C. #05-5647 J. AWARD CONTRACT FOR 2005 BITUMINOUS OVERLAY,I.C. #05-5648 K. AWARD CONTRACT FOR CONSTRUCTION OF WELL PUMP HOUSE #15, I.C. #04-5611 L. AWARD CONTRACT FOR MAINTENANCE OF OUTSIDE STORAGE SITE (MOSS),I.C. #00-5519 VIII. PUBLIC HEARINGS/MEETINGS A. IMPROVEMENTS FOR*TECHNOLOGY DRIVE AND MITCHELL ROAD,I.C. 00-5508 (Resolution) B. THE POINTE ON LAKE RILEY by G&L Land Investments, LLC ,Request for Planned Unit Development Concept Review on 4.5 acres; Planned Unit Development District Review with waivers on 4.5 acres; Zoning District Change from Rural to R1-22 on 4.5 acres and Preliminary Plat of 4.5 acres into 4 lots. Location: 9004 Lake Riley Road(Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change,Resolution for Preliminary Plat) C. MCCALL BLUFF by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres;Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road (Resolution for PUD Concept Review,Ordinance for PUD District Review and Zoning District Amendment,Resolution for Preliminary Plat) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS CITY COUNCIL AGENDA May 17,2005 Page 3 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 1. Concepts for Winter Recreation Area 2. Proposed Underpass of Hii!hwav 212 at Charlson Road E. REPORT OF PUBLIC WORKS DIRECTOR 1. Contract For Technology Drive And Mitchell Road Improvements, I.C. #00-5508 (Resolution) 2. Award Contract For Preparation of a Lake Management Plan for Round Lake,IC #02-5581 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP OPENFORUM/OPEN PODIUM TUESDAY,MAY 3,2005 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:30,PM COUNCIL CHAMBER 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY COUNCIL STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Parks&Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink,Assistant to the City Manager Michael Barone,City Attorney Ric Rosow,Finance Manager Sue Kotchevar, and Council Recorder Carol Pelzel I. BUDGET INFORMATION—Sue Kotchevar,Finance Manager A. Discussion of Budget and Finance Philosophies of the City Neal explained that staff has met with the Mayor and each Councilmember to review the City's philosophical statement. This philosophical statement guides the budget as they begin the rudimentary task of putting together the 2006 and 2007 budgets. The City Council needs to have a consensus of this philosophy and staff needs direction from the Council as to whether or not the Council is on board with these budget and financial philosophies.Neal pointed out that these philosophies have served the City well over the past ten years and has guided the City to be a financially strong community and City government. Kotchevar briefly reviewed with the Council the items to be discussed at this evening's meeting including the budget process, the Budget and Finance Policies,the General Fund revenues and expenses and the 2004 financial results. She reviewed the management strategies that would be used for the budget including improving City business practices by migrating services to the Web to provide faster, cheaper and more convenient services. Staff will also require a separate review and discussion for any proposed new programs or expansion of existing programs. Kotchevar further explained that any additional programs or expansion of programs need to be sustained into the future. Kotchevar indicated that the City's Facilities Division did a complete assessment of the City's 25 buildings to identify repair, maintenance and capital needs. This information needs to be incorporated into the City's Capital Improvement Plan(CIP). This year staff will update the project prioritization categories with emphasis placed on the maintenance of the City's assets. CITY COUNCIL WORKSHOP& OPEN FORUM/OPEN PODIUM MAY 3,2005 Page 2 Kotchevar explained that the various policies set forth the basic framework for the overall fiscal management of the City and assists the decision making process of the City Council and Administration. The policies also provide stability and flexibility to City operations. The Operating Budget Policy was developed approximately ten years ago and states that the budget should be balanced by using specific strategies. Kotchevar stated that the Revenue Policy states that tax revenue be budgeted at 95 percent of the amounts levied. She suggested that this might be a Policy that the Council would like to review further. With regard to the Reserve Policy,Kotchevar explained that the City would maintain a working capital fund balance of 30 percent to 40 percent of General Fund expenditures for six months of operations. They will also maintain a Revenue Stabilization Fund by reserving accelerated building permit revenue for future operations. Kotchevar briefly reviewed with the Council the Debt and Capital Improvement Policies. Kotchevar reviewed with the Council the City's General Fund revenue and expense projections for the 2006 and 2007 budgets. She explained that there are several bills before the State Legislature relating to levy limits that may affect the amount the City may levy for taxes. Kotchevar said staff would continue to monitor what is happening in the Legislature and as soon as they find out what has been adopted,they will incorporate those changes into the proposed budgets.Kotchevar said they anticipate that revenue for 2005 will be similar to what was generated in 2004. She explained that the 2004 revenue was closer to the actual and that building permits revenue is beginning to taper off.Kotchevar indicated that for expenditure projections, Staff will make planned level wage adjustments and will increase health care costs by 4 percent on June 1, 2005 and 10 percent thereafter.A transfer of$500,000 to the CIP will be budgeted and there will be no new programs or expansion of existing programs without separate review and discussion. B. Review 2004 City Financial Statements Kotchevar presented an overview of the City's governmental funds. They do not plan to talk about liquor or utility operations at this time but will cover those at a workshop scheduled for July. She pointed out that there is a$20 million fund balance for the General Fund while the Special Revenue Fund,which accounts for grants,has a fund balance of$312,000. The Capital Projects Fund has a fund balance of$20 million and the Debt Fund has a fund balance of$4,257,000. The total fund balance for all Governmental Funds is$45 million.Approximately$170 million of fixed assets are maintained out of those resources and there is$17 million in outstanding debt. Capital assets include$30 million in buildings and$7 million for the City's 300 vehicles. There is approximately $6 million in other assets including play structures and the radio tower and equipment.Kotchevar pointed out that the City has collected 106 percent of the amount budgeted with most of the revenue coming from taxes. Mayor Tyra-Lukens asked for a clarification on the City collecting 105 percent of what is actually levied. Kotchevar responded that they budget for 95 percent of the levy. Therefore,the budget would reflect 95 percent and the actual would reflect what CITY COUNCIL WORKSHOP& OPEN FORUM/OPEN PODIUM MAY 3,2005 Page 3 is actually collected. They collect 100 percent of what they levy. One year you may collect a larger settlement from a taxpayer and that would be the reason for collecting more than 100 percent. Kotchevar explained that the$2 million transferred out of the General Fund consists of$600,000 to the Health Insurance Internal Service Fund, $600,000 to the CIP Fund and$545,000 to a new Equipment Revolving Fund.The net change in the fund balance is $229,000.Kotchevar further explained that as of December 31, 2004,there is a balance of$457,042 in encumbrances. Encumbrances are funds that will be used for projects in 2005.Prepaid items have a balance of$102,391 and these funds are for items purchased in 2004 but not received until 2005 and usually include dues and subscriptions. The balance for severance obligations is$2,800,000 and are due employees upon their leaving employment with the City.Kotchevar stated that the Interfund Loan balance is $710,829 and is the amount loaned to the liquor operations. Kotchevar reviewed with the Council the fund balance for unreserved-designated funds. The Revenue Stabilization Fund was adjusted for increased building permit fees.Funds for equipment purchases were transferred to the new Equipment Revolving Fund.Kotchevar stated that the ending fund balance as of December 31, 2004, represents 38 percent of budgeted expenditures,which is in line with the 30 percent to 40 percent policy.Kotchevar briefly reviewed the Capital Projects fund explaining that a majority of the funding is for pavement management. Neal explained that there are a couple of issues identified that the Council is not in consensus.There is a difference of opinion on how the funds in the Revenue Stabilization Fund should be used. The policy for the Revenue Stabilization Fund is vague as to when it stops and caps and what it should specifically be used for. There is also some discussion on how the City describes its levy. In the past,they have computed what they expect to take in from property taxes assuming they will collect 95 percent. With ten years of collection history,they have more likely collected 99.9 percent. Staff does understand that and knows that and anything over and above the 95 percent collected goes to the bottom line of the General Fund and it is expected that that money becomes part of the CIP. There is not a dedicated funding source for the CIP. It has been the custom of the City to use the difference between the 95 percent budgeted and the 100 percent collected as a de facto levy for the CIP. Neal indicated that one of the proposals discussed with the Council was the idea of continuing to budget for General Fund operations with 95 percent and adding a line item to the CIP for a levy equal to that 5 percent. Young asked why the reserve accounts are included in the General Fund opposed to being in designated funds. He said they are cash accounts and feels they should be treated differently. Kotchevar responded that the encumbrances and prepaid items are for uncompleted items in the General Fund. Some cities do account for the severance obligations in an Internal Service Fund.Eden Prairie has generally kept their finances pretty simple and has kept these funds in the General Fund. Creating a separate Internal Service Fund is something they could look at doing in the future. CITY COUNCIL WORKSHOP& OPEN FORUMIOPEN PODIUM MAY 3,2005 Page 4 Neal said that by showing these funds in the General Fund, it is fairly straightforward. The advantage to this is that the funds are in one place and it is easy to track. It does, however,make the General Fund look larger, especially in comparison to other cities that have Internal Service funds and other funds.Mayor Tyra-Lukens asked what would be the downside of taking these funds out of the General Fund and putting them into an Internal Service account. Aho said he does not feel that the severance obligations should be part of the General Fund. You have to have this money available and it will never be spent on anything else.Neal explained that the only downside would be that the more accounts you create, they have their own reserves and the financial picture is more complex to read.The bottom line may appear more positive. Staff has looked at setting up an Equipment Revolving Fund and they are making a recommendation that it be taken out of the General Fund. This would show a more accurate General Fund balance. Case said they are going to have to set capital expenditures annually and he asked why they wouldn't designate the Revenue Stabilization Fund into the CIP fund.This fund could also be removed from the General Fund into the CIP and the additional building permit fees could be used for capital costs. Case said he believes the intent of the Revenue Stabilization Fund was to assist future Councils when revenue sources stopped.He asked what the plan is to disperse those funds.If the funds are moved to the CIP they can easily decide that the money should be spent on capital improvements in the future. Case said that the City does have capital needs and before they discuss spending down these funds,they need to know what the outstanding needs are. Kotchevar explained that staff would be updating the CIP. There does appear to be a huge funding gap. Capital needs will not go away and the Revenue Stabilization Fund is needed for the funding of these capital needs. Butcher said she's not so sure that all of the Revenue Stabilization Funds should go to the CIP. They may need to keep a portion of those funds in the General Fund for emergencies.Kotchevar said that staff would take a look at this and when they review the policy they will look at the intent of the revenue stabilization fund. Young said he feels this is a critical issue. By definition,they have a separate CIP fund.The Revenue Stabilization Fund in the General Fund presents a connotation of operating dollars in capital. The Council has an obligation to its residents to answer the question of what that money is to be spent on.Young said he is not opposed to putting the revenue stabilization money into capital depending on needs. They need to look at the Revenue Stabilization Fund and determine what to do with it. Mayor Tyra-Lukens said the Council will need to come to an agreement as to what level of the Revenue Stabilization Fund they want to keep in the General Fund and anything above that would go into capital improvements.Young said he feels any of the revenue-based funds should have planned growth. It would be best for the Council to see all of these funds and how they are financed. They need to look at the balance of these funds and determine what they will do to move forward. Case said he does not feel they can come to an agreement as to what the maximum balance for these CITY COUNCIL WORKSHOP& OPEN FORUM/OPEN PODIUM MAY 3,2005 Page 5 funds should be until they have a clear plan on how they are going to use these funds and when they are going to start using them. Case said he would like staff to bring back to the Council some ideas on how this money could be used.There will be future unfunded capital expenditures and there is no way to fund them. They will need to look at ways to fund those expenditures. Butcher said it would be difficult to determine what the ideal balance should be for capital and for emergencies. She said she would like to know how other cities handle this before making any decisions. Kotchevar said staff will provide the Council with projections and recommendations. Aho said they have to look at how much money they have available for the budget and what percentage of the budget should be allocated for the Revenue Stabilization Fund. That fund should be a separately monitored fund.The working capital fund would be a buffer.The second buffer could be the Revenue Stabilization Fund. They need to look at both funds in comparison to the total amount of money they are dealing with. Aho said he feels they should shoot for a 30 percent buffer. When looking at the funds available,they are closer to 66 percent of the total. Aho said he feels they are on the high side.He agrees that they must have some money available to stabilize revenue but they need to determine what are acceptable limits and guidelines. Kotchevar said she does not feel that they are necessarily high compared to other cities. They need about 37.5 percent to get through six months of operation. However,this is something they can look at. Case pointed out that the intent of the Revenue Stabilization Fund is much different than the General Reserve Fund. The General Reserve Fund is 37 percent to make up six months of operation. The intent of the Revenue Stabilization Fund is that when revenues fall off,these funds will make up the difference. Capital Funds are not in that mix. Aho said there is a policy to establish the Revenue Stabilization Fund and they need to have money set aside.However,they do not have a policy that says when they get to a certain level, this is what they do with the money.They need to reach a consensus as to what they will do with the money.Young said the Revenue Stabilization Fund is a cash account and they must determine if some should be put into capital.He indicated that he would have a much higher comfort level if the money were put into capital as opposed to operating. Aho said it is important that the Council start allocating money for specific improvements. They need to be planning for those improvements and they need to set money aside. The money should be put where it is needed rather than remain in the Revenue Stabilization Fund. Mayor Tyra-Lukens asked staff to provide the Council with information as to what would be a reasonable balance in the Revenue Stabilization Fund and what amount should be moved over to the CIP. Case said he would also like to have a sense as to what capital needs are out there to help the Council decide what should be done with those funds.Aho said he feels they need to budget what is really going to be the CITY COUNCIL WORKSHOP& OPEN FORUMIOPEN PODIUM MAY 3,2005 Page 6 actual rather than 95 percent. They need to budget for what they collect and eventually determine where it goes. II. OPEN FORUM A. Tom Briant—Community Theatre&Arts Center Tom Briant, 15560 Boulder Pointe Road, addressed the Council regarding his reservations concerning a Community Theater at the Eden Prairie Center. III. OPEN PODIUM IV. ADJOURNMENT ITEM VIA UPAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 3,2005 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. City Manager Scott Neal was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. HUMAN RIGHTS AND DR.JEAN L.HARRIS YOUTH SCHOLARSHIP AWARDS Mayor Tyra-Lukens introduced Larry Piumbroeck, Chair of the Human Rights and Diversity Commission. Piumbroeck stated there were many applications for the awards, especially for the youth recipients, all of them inspiring in their accomplishments and energy. He noted there were no applications from the business community and said the Commission would work on that next year. Tyra-Lukens read the award citation for the 2004 Human Rights Award—Non-Profit Organization Recipient,awarded to the Eden Prairie School District for its"Elder Wisdom, Children's Song"project. Nanette Missaghi, Coordinator of the Integration Program for Eden Prairie Schools, and Larry Long of the Children's Project for Peace, accepted the award. Tyra-Lukens explained the project grew from informal sharing of experiences at immigrant gatherings. The project received rave reviews from participants and touched many people. She praised the district for bringing these stories to a wider audience. CITY COUNCIL MINUTES May 3,2005 Page 2 Tyra-Lukens read the award citation for 2004 Human Rights Award—Individual Recipient, given to longtime resident George Schell. Schell arranged a speaker on diversity for his Lions Club and has been very active in the community. Piumbroeck explained the youth scholarship awards are named for former Mayor Dr. Jean L.Harris in honor of her lifelong commitment to human rights and diversity. Each recipient receives a one-time scholarship of$1000. Tyra-Lukens read the citations for the two 2004-2005 Dr. Jean L. Harris Youth Scholarship Award recipients,Anna Affias and Christopher En. She congratulated all the winners and thanked them and the Human Rights and Diversity Commission for their efforts to appreciate the City's diversity. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an additional update on cable franchising and an update on Southwest Metro Transit to Reports of Councilmembers. Aho added an item on potential Hennepin County stadium funding under Reports of Councilmembers. Young added an item on getting input on City financial policy from citizens to Reports of Councilmembers. MOTION: Young moved, seconded by Butcher,to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 26,2005 MOTION: Aho moved, seconded by Young, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 26,2005 Young said he had abstained on the motions under VIIIB and VIIIC. MOTION: Butcher moved, seconded by Case, to approve the City Council minutes as published and amended. Motion carried 5-0. VII. CONSENT CALENDAR A. THE RIDGE AT RILEY CREEK by EPIC Development. Second Reading for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 42.22 acres. Location: North and west of the Sky Lane south and east of Riley Creek. Ordinance No. 8-2005-PUD-4-2005 for PUD District Review and Zoning District Change) B. APPROVAL OF DEVELOPER AGREEMENT FOR HENNEPIN VILLAGE- EDEN BLUFFS HOLDINGS,LLC. CITY COUNCIL MINUTES May 3,2005 Page 3 C. ADOPT RESOLUTION NO.2005-66 RECEIVING FEASIBILTY REPORT AND SETTING PUBLIC HEARING FOR TECHNOLOGY DRIVE AND MITCHELL ROAD IMPROVEMENTS,I.C. 00-5508 D. AWARD CONTRACT FOR REPAIRS AT CUMMINS GRILL AND RILEY JACQUES HOMES E. AWARD CONTRACT FOR FLOWER MAINTENANCE TO LYNN'S FLOWERS DESIGN F. AWARD CONTRACT FOR IRRIGATION MAINTENANCE TO ABSOLUTE RAIN G. AWARD CONTRACT FOR LAWN MAINTENANCE FOR CITY HALL AND FIRE STATION 1 TO AP LAWN H. AWARD CONTRACT FOR LAWN MAINTENANCE FOR DEN ROAD, FIRE STATION 2 &3 &BUILDING 51 TO BENIEK PROPERTY SERVICES I. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOT 1. BLOCK 2,FOUNTAIN PLACE J. ADOPT RESOLUTION NO. 2005-67 CONSENTING TO ASSIGNMENT OF KMC TELECOM AGREEMENT MOTION: Butcher moved, seconded by Case,to approve Items A-J on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho,to approve Payment of Claims as submitted. The motion was approved on a roll call vote with Aho,Butcher,Case, Young,and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. EDEN PRAIRIE READS—JAN MOSMAN Tyra-Lukens shared information on Eden Prairie Reads at Mosman's request. She said Eden Prairie Reads is designed to promote reading, discussion, and community. CITY COUNCIL MINUTES May 3,2005 Page 4 It is collaboration between the schools,Barnes and Noble, community groups, and grassroots organizers. Over 2000 residents read the first selection,Neither Wolf Nor Dog. Events included speakers,discussions, and an author event. The 2005 selection, Ordinary People,was also written by a local author. Its theme of how tragedy affects an ordinary family should spark a lot of discussion. XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. City Manager's Performance Review—Mayor Tyra-Lukens Tyra-Lukens reported the Council had met in closed session to discuss the City Manager's performance review.Using a similar process to past reviews, 1 department heads and four members of the Council all gave City employees, depart input. Areas reviewed included significant accomplishments, items not accomplished, things done well,things the Manager could do more or less, opportunities seen for the next 12 months, and comments. Tyra-Lukens noted the evaluator commented on the high quality of the evaluation, stating that employees seemed to be searching for areas to improve. More direct contact from Neal was Staff s only suggestion.Neal was seen as positive and enthusiastic,with strengths in the areas of open communication and representing the city positively. He was also commended for his reorganization of City departments. Tyra-Lukens stated Neal had done an exemplary job and his leadership is an asset to the City. The Council has raised Neal's salary to the state cap, which represents a modest increase. Tyra-Lukens noted the cap precluded any merit payment for Neal,but said the Council is looking for other options that would be allowable under state law. 2. Cable Franchising—Councilmember Case Councilmember Case discussed a letter drafted by the Southwest Suburban Cable Commission for cities to send to legislators regarding cable franchising. The main issue is that voice,video, and data providers are merging. Traditionally,voice/telephone lines were overseen by the State, data was overseen by the federal government, and video was overseen by local government. Now the lines between these different types of providers are blurring. There are both state and federal bills to dissolve the concept of franchise fees. While an overhaul of the current system might seem logical, eliminating franchise fees would cost the City CITY COUNCIL MINUTES May 3,2005 Page 5 $350,000 in general funds. In addition, cable providers would no longer need to provide public access channels. Case said the City needs to preserve its rights-of-way. Young agreed the City should maintain its ability to regulate. He said telephone companies are trying to use the City's rights-of-way without paying. Aho agreed this was a fairness issue. Tyra-Lukens directed Staff to send the letter. 2. Time Warner/Comcast Swap—Councilmember Case Case said Time Warner would be swapping the Twin Cities market over to Comcast as part of an industry consolidation. Some people had asked if this would make cable even more of a monopoly, but it already is a monopoly. The only competition is non-cable providers like Direct TV. Case noted the City has encouraged other cable providers but conditions in the industry have caused those efforts to fall through. Case said the market swap would come before the City for written consent, but the City is not allowed to withhold consent if Comcast upholds its end of the franchise agreement. He said the biggest change for residents would probably be a change in Roadrunner email addresses to Comcast email addresses. 3. Southwest Metro Transit—Councilmember Case Case updated the Council on current issues with Southwest Metro Transit. He noted Southwest Metro Transit has a large budget, about$275,000. Funding comes from motor vehicle sales taxes,which varies from year to year. As a result, Southwest Metro budgets at 88 percent of projected revenues and maintains significant reserves. Only 24 percent of the budget comes from fares. The rest is government subsidized. Case noted roads and LRT are similarly government funded and to a greater level. Case explained the original 1986 joint powers agreement between Eden Prairie, Chaska, and Chanhassen was drawn up when Southwest Metro Transit was funded through property taxes. With the current funding structure, it is harder to determine each city's share. Discussions have also arisen regarding division of assets and liabilities should the Legislature decide to dissolve Southwest Metro Transit,which they could at any time. Case said the assets are basically zero,but liabilities could amount to$5 to $6 million, particularly if the new parking deck is not paid off. Case noted that with prior notice and planning,the cities could plan to avoid that liability,but nevertheless the potential liability needs to be divided. The new agreement, calculated on property taxes and population, assigns 60 percent of the liability to Eden Prairie, 23 percent to Chanhassen, and 17 CITY COUNCIL MINUTES May 3,2005 Page 6 percent to Chaska. Case noted this might seem unfair since Eden Prairie only has 33 percent of the vote on the Commission,but that was what was agreed to. Case praised Southwest Metro as a well-managed,high-quality, award-winning bus service, noted its commitment to environmental excellence, and urged everyone to ride. 4. Stadium Input for Hennepin County Commissioners— Councilmember Aho Aho noted Plymouth had passed a resolution to share with the Hennepin County Commissioners that the City might want to consider copying. The resolution stated that if funding from Hennepin County for a stadium is pursued, it should be put to a public referendum. It would be unfair to put this tax burden on County residents without a vote. Tyra-Lukens requested Aho draft a resolution for the Council's consideration. 5. Community Input on Budget—Councilmember Young Young said he wanted to revisit the issue of getting input on the City's budget from the community through a task force of citizens expert in finance. Getting input on financial questions, such as whether the level fund balance is adequate, or how the City distinguishes capital and operating expenses, or projecting cash needs would be valuable. Young said the task force would have a very narrow scope—not looking at the City's scope of offerings, but examining financial and accounting options only. These issues are complex and getting more input would be useful. Young noted he had found a town in Massachusetts where senior business executives assess the state of the town's cash reserves, debt levels, and capital and operating expenses. Tyra-Lukens asked whether the Massachusetts task force was permanent or ad hoc. Young said it was not a standing committee,but met for two or three months every two years during the budget cycle. Young said this would be a valuable tool. Aho concurred. He said the intention was not to disrespect Staff,but merely to conduct prudent due diligence and perhaps get some creative ideas. It would lend credence to the budget to have an independent group agree with it. Butcher expressed reservations. Expert feedback is needed, and Staff are best equipped to provide it. She was concerned that Staff had found very few citizen budget committees in Minnesota.Butcher also said it must be clear that financial authority rests with the Council. Case also expressed reservations. He said if the group did not agree with the City,the City's credibility could be unfairly weakened. Government CITY COUNCIL MINUTES May 3,2005 Page 7 and business are very different. He noted the City has a stellar AAA bond rating that validates its financial policy. Case said he trusted Staff s expertise and their willingness to seek outside expertise when needed, as they did regarding the airport. Case said the task force felt like a solution in search of a problem. Young said it is hard for Council members to evaluate financial issues, such as the adequacy of the City's cash reserve,because they are not financial experts. He said he didn't fear business leaders on the task force would change the nature of the City. They would assist and give input. Young cited the 95 percent policy as an example of a policy that hung around for years as the fund balances grew, and should perhaps be reexamined. Young said he had spent time researching this issue,but someone with a financial background could do so more effectively and efficiently. Butcher reiterated the Council is elected to create and review financial policy. Taxpayer hearings and the State Auditor provide checks and balances. As an alternative,Butcher suggested educating the community on the budget process through the website and meetings, and including a statement of the City's financial policies in the annual report. Case questioned the idea that Councilmembers are not up to the task of evaluating the City's financial policy. He asked who was better suited to the task. The Council should educate itself if it needs more information on the budget process. He favored getting business perspectives informally. Case said the Council uses the lens of municipal government,which is very different from a business view. If a business task force criticized the City's policy,unfair damage could result. Aho said the task force would be due diligence. He compared it to having an expert inspector check a home for safety before purchasing it. Because the Councilmembers are not financial professionals, evaluating the budget is hard even with training. Aho said there is a wealth of financial expertise that could be used in a time-limited way, not to change the City's policy necessarily,but just to gauge it. Tyra-Lukens challenged the home inspector analogy. She said having business executives evaluate the City budget would be like having an airplane inspector evaluate a house. City budgets and business budgets are entirely different. She did not see the benefit. It would be far more valuable to direct Staff to work with other cities' staff to critique each others' budgets, and to send City finance staff to national training. She asked Young to draft a memo of his proposal. CITY COUNCIL MINUTES May 3,2005 Page 8 B. REPORT OF CITY MANAGER 1. Update on Senior Issues Task Force Parks&Recreation Director Bob Lambert gave the update on Neal's behalf,reading the charter statement. He reviewed the timeline for the project,which would run from June 2005 to January 2006. MOTION: Case moved, seconded by Butcher,to approve the charter statement and recommendations in the City Manager's memorandum. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Authorization to Develop an Agreement with the City of Minnetonka to Administer CDBG Funds(Resolution No.2005-68) Community Development Director Janet Jeremiah explained the City is party to a joint cooperative agreement with Hennepin County to administer Community Development Block Grant(CDBG) funds. Up to now,the County has administered them for free. Starting in 2006, however,the County plans to charge entitlement cities(cities that can opt out) a 13%fee. Since the City receives approximately$300,000 in CDBG funds,this translates to a$36,000 fee. City Staff contacted Minnetonka, which is in a similar position, and found that Minnetonka city staff have developed expertise to self-administer the funds. City Staff are confident the City would save money by entering into a joint powers agreement with Minnetonka to administer the funds. Jeremiah reviewed the actions needed to pursue this route: withdraw from the Hennepin County CDBG program, execute a joint powers agreement with Minnetonka, and execute a joint powers agreement with Hennepin County to remain in the HOME Consortium. This arrangement would not affect the City's ability to hold its own public hearings or make its own policies. Jeremiah said City staff would be trained in administering the CDBG funds, in case the collaboration with Minnetonka didn't work out. Case asked if the County would care if Eden Prairie withdrew. Jeremiah said the plan had been presented to the County Commissioners without negative comment. She noted it seems fair for the county to charge, since they have charged non-entitlement cities for years. It's purely a financial matter of how to minimize the City's administration costs. Aho asked if there were any risks in taking this action. Jeremiah said the exact amount Minnetonka would charge is not known, but based on comparisons with Bloomington and Plymouth, even the worst-case scenario would generate savings. CITY COUNCIL MINUTES May 3,2005 Page 9 MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2005-68 authorizing the Mayor and City Manager to execute such letters, agreements and other documents necessary to discontinue participation in the Urban Hennepin County CDBG Program; execute a Joint Cooperation Agreement between Hennepin County and Eden Prairie to allow Eden Prairie to participate in the Hennepin County Housing Consortium, and thereby remain eligible to participate in the HOME consortium program; and execute a Joint Powers Agreement between the cities of Minnetonka and Eden Prairie to collaboratively administer federal CDBG funds. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Theater Feasibility Study Lambert updated the Council on the possible development of a community theater space at Eden Prairie Center. Additional discussion with General Growth has made it obvious that the plan is unworkable without a major partner like AMC, since General Growth is basically quoting a market rate. AMC would want their own architects involved,which could drive up the costs of developing a plan. Staff was therefore no longer asking for any funds to explore the community theater option. Lambert asked the Council to authorize Staff to continue discussions with General Growth and AMC to see if a reasonable plan could be developed. Case added that right now,the plan looked very annually expensive,but it was worth talking to see if the plan had truly hit a dead end. Aho shared citizen input that partnering with Hennepin Technical College and materials providers like Home Depot might bring down costs, if discussion got to that stage. MOTION: Butcher moved, seconded by Tyra-Lukens, to authorize Staff to initiate a feasibility study to evaluate the construction and operating costs of a community theater using the space available at the Eden Prairie Center and furthermore to evaluate the possibilities of operating this space in partnership AMC or another viable partner. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES May 3,2005 Page 10 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 17,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/Community Investigations Unit Clerk's License Application List VII.A. Christy Weigel These licenses have been approved by the department heads responsible for the licensed activity. Cigarette& Tobacco Products— Corporate Name Change Licensee name: RBF,LLC of Wisconsin (Formerly: RBF Corp. of Wisconsin) DBA: Rainbow Foods 3.2 Beer Off-Sale License—Corporate Name Change Licensee name: RBF,LLC of Wisconsin (Formerly: RBF Corp. of Wisconsin) DBA: Rainbow Foods - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 17, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Al Gray First Amendment to Development VII.B. Public Works/Engineering Agreement for Heritage Pines Requested Action Move to: Approve the First Amendment to the Development Agreement for Heritage Pines Synopsis The Development Agreement for Heritage Pines contained the requirement to develop and record a Cross Access, Storm Sewer and Maintenance Agreement. An existing agreement was recorded in October, 2001 by the Ryland Group,Inc. during the development of Heritage Place. Another agreement is not required. Background Information Heritage Pines is a development of eleven townhomes that takes access to Dell Road over Wiedman Way, a private street in the Heritage Place Development. The Development Agreement for Heritage Place required a Cross Access Agreement with the property now being developed as Heritage Pines. The Agreement was developed in 2001 and recorded as document No. 755463. This existing document is sufficient to define access and maintenance responsibilities between the two private townhouse developments. Attachment First Amendment to Development Agreement FIRST AMENDMENT TO DEVELOPMENT AGREEMENT HERITAGE PINES THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is made and entered into as of May 17, 2005, by Durst & Gans Realty, Inc., a Minnesota corporation, hereinafter referred to as 'Developer," and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City"; WHEREAS, as of March 3, 2005 Developer and the City entered into that certain Development Agreement Heritage Pines pertaining to the development of certain real property(the "Property")described on Exhibit A hereto (hereinafter the"Development Agreement"). WHEREAS,the Developer requests that the Development Agreement be amended to delete paragraph 5: NOW THEREFORE THE PARTIES AGREE THAT 1. Paragraph 5 entitled Cross Access, Storm Sewer and Maintenance Agreement is deleted in its entirety. 2. Except as expressly provided in this First Amendment, all provisions of the Development Agreement remain in full force and effect and are not modified by this First Amendment, and the parties hereby ratify and confirm each and every provision thereof, and the City and Developer hereby acknowledge that the Development Agreement is in full force and effect and that there is no existing default on the part of either party under the terms of the Development Agreement. 3. This First Amendment constitutes the entire agreement between the parties with respect to the subject matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated in this First Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained(other than the Development Agreement)are superseded and of no further force or effect. 4. This First Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns under the Development Agreement. DEVELOPER CITY OF EDEN PRAIRIE Durst&Gans Realty, Inc. By By Its Nancy Tyra-Lukens,Mayor By By Its Scott H.Neal,City Manager STATE OF MINNESOTA ) ) Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 17th day of May,2005,by Nancy Tyra- Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005,by , the , of Durst & Gans Realty, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public EXHIBIT A LEGAL DESCRIPTION HERITAGE PINES - FIRST AMENDMENT Legal Description Before Final Plat The West 292 feet of the East 325 feet of the Southeast quarter of the Southeast quarter of Section 19,Township 116,Range 22,and lying south of County Road No. 1,and lying North of the South 341 feet of said Southeast Quarter of the Southeast Quarter. East 33 feet of the Southeast quarter of the Southeast quarter of Section 19,Township 116,Range 22, lying South of County Road No. 1 and lying North of the South 341 feet thereof. Together with easement for access as provided in Cross Access Agreement dated August 20,2001, filed October 8,2001,as Document no.7555463,according to the plat thereof on file or of record in the office of the County Recorder,Hennepin County,Minnesota. Legal Description After Final Plat Lots 1-12, Block 1,Heritage Pines,Hennepin County CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda 05/17/05 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning VII.C. Janet Jeremiah/Michael Franzen Hennepin Village—Pemtom Land Requested Action Move to: Approve the Developer Agreement for Hennepin Village Limited Partnership Synopsis This is the developer agreement describing the amendment to the guide plan and pud approved by the City at the January 18, 2005 meeting. The approved plan was for 41 single family lots. The developer agreement includes a provision for affordable housing as covenants and restrictions with a term of December 31, 2045 with restrictions on price and transferability. Attachment Developer Agreement DEVELOPMENT AGREEMENT HENNEPIN VILLAGE OFFICE TO RESIDENTIAL THIS AGREEMENT made and entered into as of May 17, 2005,by HENNEPIN VILLAGE LIMITED PARTNERSHIP, a Minnesota limited partnership ,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE,a municipal corporation, hereinafter referred to as "City" WHEREAS, Developer has applied for Comprehensive Guide Plan Change from Office to Low—Medium Density Residential on 17 acres, and Planned Unit Development Concept Amendment on 17 acres, legally described as, Exhibit A, the"A(the"Property"); WHEREAS, the Property and other land was the subject of that certain development agreement entitled"Development Agreement Hennepin Village sites C and D, Office and Neighborhood Commercial made and entered into as of May 5, 20033 by HENNEPIN VILLAGE LIMITED PARTNERSHIP, a Minnesota limited partnership and the CITY OF EDEN PRAIRIE, a municipal corporation (hereinafter referred to as"Sites C and D Development Agreement") NOW,THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review,Developer agrees to develop the Property as follows: 1. Developer shall develop the Property in conformance with the materials revised and stamp dated April; 12, 2005,reviewed and approved by the City Council on April 12, 2005, and attached hereto as the Plans and identified in Exhibit B. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 1 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to development of, or construction on the Property or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4 DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. The materials and colors must be consistent with the Hennepin Village Design Manual dated November 13, 2001, by Westwood Professional Services, Inc. (hereinafter referred to as Design Framework Manual" Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for any portion of the property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the area included within the requested permit. The final grading and drainage plan shall include pond designs for wet basins with adequate storage for the calculated NURP and 100 year flood events, all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration 2 permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. B. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. C. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the area to be graded. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation ponds during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. IRRIGATION PLAN: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas for each building site on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to occupancy permit issuance. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for each building site on the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of the occupancy permits Developer shall complete 3 implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. The bond furnished by Developer may be provided by the landscape contractor provided the City Planner approves said landscape bond as provided above, and provided that the rights of the City as obligee under such bond are not impaired or affected in any manner by any default or failure of the Developer to perform any condition or obligation under or pursuant to the Developer's contract with the landscape contractor. 9. PERFORMANCE STANDARDS: Developer agrees that the development of the Property will occur in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. 10. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto,prior to issuance of any occupancy permit for structures on the Property. 11. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located on the east side of Laitris Lane from Charlson Road to Junegrass Lane as depicted in the Plans. B. An eight-foot wide bituminous trail to be located on the south side of Charlson Road from Liatris Lane to T.H. 212 as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. 4 The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 13. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14. TREE REPLACEMENT: Tree replacement required is 784 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 784 caliper inches. This approved plan shall include 86 replacement shade trees of a 4-inch diameter minimum size and 108 conifer trees with a 10-foot minimum height. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 15. DESIGN FRAMEWORK MANUAL: The Design Framework Manual shall be applicable to the Property. Developer agrees to implement the Design Framework Manual and complete implementation prior to occupancy permit. 16. AFFORDABLE HOUSING: Developer enters into the following covenant of restrictionso as to designate, develop and maintain eight affordable s g g p housing units as described herein. 16.1 Definition. For purposes of this section,"affordable housing units"is defined as housing units that are affordable to individuals or families whose income does not exceed 80%of the area median income in the year of purchase. Additionally, "affordable"means a residence that's monthly payments do not exceed 30%of the monthly income of the individuals or families referenced in the preceding sentence. 16.2 Price. Developer shall charge no more than what is determined to be affordable by the Minnesota Housing Finance Agency's standards,using standard underwriting practice, for each affordable housing unit, adjustable yearly. For 2005,that amount is$193,700.00. 5 16.3 Restriction on Transfer. No Affordable housing unit shall be sold or transferred except to individuals or families who meet the requirements of 16.1 supra and for a Price no more than that determined at the time of sale pursuant to 16.2 supra. a. Term. This section shall maintain in force until at least December 31, 2045. The City reserves the option to extend the term at that time. 17. PRIOR DEVELOPMENT AGREEMENT: As to the Property this Agreement supersedes in its entirety the Sites C and D Development Agreement. 18. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit E, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 12.9 acres in the amount of$74,626.50 19 INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property, Developer shall submit to the City Building Official, and obtain the City Building Official's written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels, depicted in Table 4 of the Metropolitan Council Land Use Compatibility Guidelines for Aircraft Noise, adopted January 14,2004. 20. DISCLOSURE OF INFORMATION: No lot within the plat of the Hennepin Village shall be sold or transferred to the first intended residential homeowner, nor an agreement entered into to construct a home on any lot within the plat of Hennepin Village unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit F hereto regarding the Flying Cloud Airport and the planned extension of the East/West Connection Road to Eden Prairie Road. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer shall require by contractual obligation with its initial purchaser to deliver the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot (whichever comes first). 6 Hennepin Village Limited Partnership CITY OF EDEN PRAIRIE a Minnesota limited partnership By: The Pemtom Land Company Its: General Partner Nancy Tyra-Lukens,Mayor By: Its: Scott H.Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2003, by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2003, by The Pemtom Land Company, the General Partner, of Hennepin Village Limited Partnership, a Minnesota limited partnership, by , its on behalf of the partnership. Notary Public 7 EXHIBIT A LEGAL DESCRIPTION Outlot L of Eagle Ridge at HENNEPIN VILLAGE FOUR, according to the recorded lat thereof Hennepin County Minnesota That part of Tract D,Registered Land Survey no. 1667, lying northeasterly of Registered Land Survey No. 1730,Hennepin County,Minnesota and lying westerly of the following described line: Beginning at the northeast corner of said Tract D: thence South 89 degrees 09 minutes 06 seconds West, assumed bearing along the north line of said Tract D, a distance of 2161.87 feet to the point of beginning of the line to be described;thence South 25 degrees 11 minutes 51 seconds East, a distance of 126.36 feet;thence southeasterly along a tangential curve concave to the northeast, having a radius of 735.00 feet, an included angle of 21 degrees 53 minutes 23 seconds for an arc length of 280.81 feet to the northeasterly line of Registered Land Survey No. 1730 and said line there terminating. 8 EXHIBIT B PLANS • Proposed Residential Concept plan dated February 5, 2005,By Westwood Profession Services • Proposed Residential Concept Section dated February 5, 2005,By Westwood Profession Services 9 EXHIBIT C I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty- four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against owners,their successors, and their assigns of the Property herein described. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a 10 condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations and warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or 11 refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant,withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (V = 200 scale) showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/z by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. 12 EXHIBIT D - EROSION CONTROL POLICY AUGUST 1. 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual, Protecting Water Quality in Urban Areas, to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances,washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 13 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. C. Withhold the issuance of building permits d. At its option, institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit,the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: BY: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): Address 14 EXHIBIT E AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 2005, between the City of Eden Prairie,a municipal corporation,(the"City")and a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of$$74,626.50 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto. 15 OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by Nancy Tyra-Lukens, the Mayor, and Scott H.Neal, the City Manager, of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005,by the a Minnesota —,on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 16 EXHIBIT F HENNEPIN VILLAGE DISCLOSURE OF INFORMATION Developer shall cause the following notice to be given, either from Developer itself or p g Developer's successors in interest to any portion of the Property, to all residential home purchasers of lots within the Property who intend to occupy a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property,whichever occurs first: The Property is located near the Flying Cloud Airport, which is owned and operated by the Metropolitan Airports Commission. The Metropolitan Airports Commission currently has under consideration the expansion of the airport runways, which may affect the Property. Further information regarding the airport and the proposed expansion can be obtained from the Office of Airport Planner, Telephone No.: 612-726-8129 or 612- 726-8100. The City of Eden Prairie approval of the Planned Unit Development Concept Review by Resolution No. _ includes the planned extension of an extension of an East/West Connection Road from Spring Road to Eden Prairie Road as identified in PUD Concept Plan dated November 2, 2001 prepared by Westwood Professional Services, Inc., which document is on file with the Community Development Services Area of the City of Eden Prairie. 17 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 17, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5638 ITEM NO.: Approve Traffic Control Signal Randy Newton Agreement with MnDOT for Traffic VII.D. Public Works/Engineering Signal on TH 212 at Charlson Road. Requested Action Move to: Adopt resolution approving Traffic Control Signal Agreement No. 88041R with MnDOT for the proposed traffic signal on TH 212 at Charlson Road. Synopsis This Agreement defines the maintenance, operation and electric energy requirements for the traffic signal that will be installed on TH 212 at Charlson Road. With this Agreement,the City of Eden Prairie will be responsible for the minor maintenance and electrical energy costs of the new traffic signal. Background Information The TH 212 /Charlson Road Intersection Improvement project is the final phase of the required street and utility improvements for the Hennepin Village and Eden Bluff Developments. The project requires a new traffic control signal be constructed on TH 212 at Charlson Road. In order to define the maintenance responsibilities of each party MnDOT has prepared an agreement that meets the needs of both MnDOT and the City of Eden Prairie. With this agreement the City of Eden Prairie will be responsible for paying the electrical energy and performing the minor maintenance for the new traffic signal. This is typical for a project of this type and is consistent with the current practices of all parties. Attachments Resolution Traffic Control Signal Agreement#88041R CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.05- APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT NO. 88041R WITH MnDOT FOR THE PROPOSED TRAFFIC SIGNAL ON TH 212 AT CHARLSON ROAD (I.C.05-5638) WHEREAS, the City of Eden Prairie is planning the TH 212 and Charlson Road Improvement Project; and WHEREAS, the TH 212 and Charlson Road project requires a new traffic control signal on TH 212 at Charlson Road;and WHEREAS,the Minnesota Department of Transportation (MnDOT) and the City of Eden Prairie has determined that it is in the public's best interest to prepare the traffic signal agreement;and WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Traffic Control Signal Agreement that identifies the maintenance, operations, and electrical energy requirements for the proposed traffic signal on TH 212 at Charlson Road. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Traffic Control Signal Agreement No. 88041R for S.A.P. 181-010-016 (City Project 05-5638) is hereby approved, and the Mayor and City Manager are authorized to execute the said Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on May 17,2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 88041R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF EDEN PRAIRIE TO Install a new Traffic Control Signal with Street Lights, Emergency Vehicle Pre-emption, and Signing on T.H. 212 at Charlson Road in Eden Prairie, Hennepin County, Minnesota. S .A. P. 181-010-016 City Project # IC 05-5638 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED City of Eden Prairie $20, 200 . 00 None Otherwise Covered -1- 88041R PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State) , and the City of Eden Prairie, (City) . RECITALS Minnesota Statutes Section 161 .20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The parties desire to install a new traffic control signal including street lights and signing, (Traffic Control Signal) on T.H. 212 at Charlson Road. The City requests and the State agrees to the installation of an Emergency Vehicle Pre-emption System, (EVP System) as a part of the new Traffic Control Signal installation. It is considered in the public' s best interest for the State to provide a new cabinet and controller (State Furnished Materials) for the new Traffic Control Signal. The City, and the State will participate in the cost, maintenance, and operation of the new Traffic Control Signal and EVP System. -2- 88041R CONTRACT 1 . The City will prepare the necessary plan, specifications and proposal, (Preliminary Engineering) . The City will also perform all necessary construction inspection, (Construction Engineering) . 2 . The Cost of Construction (Construction Cost) consists of the contract cost of the work or, if the work is not contracted, the actual cost of all labor, materials, and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service pole or pad. 3 . The City, with its own resources or by contract, will install the new Traffic Control Signal and EVP System on T.H. 212 at Charlson Road pursuant to the plans and specifications for State Aid Project No. 181-010-016 and City Project # IC 05-5638, all at the cost and expense of the City. 4 . The State will furnish materials to be installed with the City work provided in Paragraph 3 . The lump sum cost for the State Furnished Materials for the Traffic Control Signal is $20, 200 . 00 . City' s share is 100 percent. 5 . Upon execution of this agreement, award of the Construction Contract and receipt of State' s written request, the City will make payment to the State of its cost for State Furnished Materials (as specified in Paragraph 4) . -3- 88041R 6. The construction work will be under the direction and supervision of the City. The State will have the right to periodically inspect the construction work. 7 . The City will be responsible for the cost and application to secure an adequate power supply to the service pole or pad. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the new Traffic Control Signal and EVP System. 8 . Upon completion of this project, the City will, at its cost and expense: (1) relamp the new traffic control signal and street lights; and (2) clean and paint the new traffic control signal, cabinet, and luminaire mast arm extensions; and (3) maintain the luminaires and all their components, including replacement of the luminaire if necessary. The State will, at its cost and expense, maintain the signing, and perform all other traffic control signal and street light maintenance . 9 . The EVP System will be installed, operated, maintained, or removed in accordance with the following conditions and requirements : a) All maintenance of the EVP System, must be done by State forces . b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169. 01, Subdivision 5 . Authorized emergency vehicles may use emitter units only when -4- 88041R responding to an emergency. The City will provide the State' s Metropolitan District Engineer or his designated representative a list of all vehicles with emitter units . c) Malfunction of the EVP System must be reported to the State immediately. d) In the event the EVP System or the components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of the parts and components become the property of the City. e) All timing of the EVP System will be determined by the State. 10 . All timing of the new Traffic Control Signal will be determined by the State, and no changes may be made except with the approval of the State. 11 . Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State' s liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3 .736 and 6 . the City s and County s liability is governed by MSS Chapter 466 . -5- 88041R Each party will be solely responsible for its own employees for any Workers Compensation Claims. 12 . By signing this agreement, the City authorizes the State to enter upon the City public right of way to maintain the new Traffic Control Signal and EVP System. 13 . Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 14 . If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 15 . This Agreement contains all negotiations and agreements between the parties relative to this project. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 16. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 17 . This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C. 05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. -6- 88041R 18 . Authorized Agents a. The State' s Authorized Agent for the purpose of the administration of this Agreement is Allan Espinoza, Metropolitan Traffic Design Services, or his successor. His current address and phone number are 1500 West County Rd. B2, Roseville, Mn. 55113, (651) 634-2127 . b. The City' s Authorized Agent for the purpose of the administration of this Agreement is Alan Gray, City Engineer, or his successor. His current address and phone number are City Center, 8080 Mitchell Road, Eden Prairie, Mn. 5534-4485, (952) 949-8320 . -7- 88041R CITY OF EDEN PRAIRIE By: Mayor Date: By: Title: Date: -8- 88041R DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Approved: By: State Design Engineer Metropolitan District Engineer Date: APPROVED AS TO FORM AND EXECUTION: COMMISSIONER OF ADMINISTRATION By: As delegated to Materials Contract Management Management Division Date: By: Date : -9- 88041R CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 17, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Eugene A. Dietz Approve contract with the State of VII.E. Public Works Minnesota for ICWC program Requested Action Move to: Approve contract with the State of Minnesota for the Institution Community Work Crew(ICWC) in the amount of$108,750 for the bi-annium beginning July 1,2005. Synopsis The City of Eden Prairie has contracted with the State of Minnesota for the ICWC program since 1996. This has been a very cost-effective staffing alternative to meet seasonal peak demand as well as routine projects that supplements our staffing levels during the off seasons. Background Information In 1996,when we began to utilize the ICWC program,we contracted for two days per week. In 2001,we increased the contract to three days per week. Typically,we receive an eight man he salary and benefits for the m is set u to a t crew, includingthe crew leader. The program pay ry P g p crew leader, communications equipment, modest supplies and travel costs. Although the State computes our cost at$4.51 per hour,that rate includes travel time. A more realistic expense to the City is approximately$6 per hour,which is approximately 60%of a seasonal employee cost to the City. Although the contract for the next two-year period is being increased by 11 '/z% over the past two-year contract, it still represents a tremendous value for the City. The ICWC program has become an integral part of our staffing plan and staff recommends that the contract be approved for an additional two years, ending June 30,2007. Attachment State of Minnesota Income Contract y. o Income Contract No. (Provided by Department of Administration) STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota,acting through its commissioner of corrections,Institution Community Work Crew ("State"),and the City of Eden Prairie, 15150 Technology Drive,Eden Prairie,Minnesota 55344("Purchaser"). Recitals 1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. 2. Pursuant to Minn. Stat. §244.03 the State has developed a vocational and educational program with employment related goals for inmates who desire to voluntarily participate known as the Institution Community Work Crew(ICWC). 3. The Purchaser is in need of an ICWC Program. 4. The State represents that it is duly qualified and agrees to provide the services described in this contract. Contract 1 Term of Contract 1.1 Effective date: July 1,2005,or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05,subdivision 2,whichever is later. 1.2 Expiration date:June 30,2007,or until all obligations have been satisfactorily fulfilled,whichever occurs first. 2 State's Duties The State will: 2.1 Provide crew leaders(s)who will supervise up to 10 offender crewmembers three, 10 hour days per week,including the hour's crew leaders spend for daily preparation and communication. 2.2 In coordination with the Purchaser,train each work crew in safety principles and techniques set forth by the Purchaser and applicable federal,state and local agency requirements. Purchaser agrees that the State has the responsibility and authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or if unsafe to perform. 2.3 Provide required personal safety equipment and clothing needed for specific work. 2.4 Screen projects to ensure that they meet ICWC guidelines. 2.5 Submit reports to the Purchaser upon request within sixty(60)days of the end of each quarter, which shall include the following information: a. Total number of individuals completed the program b. Total number of individuals exiting prematurely C. Total number of hours worked by ICWC clients d. Dollar benefit of ICWC labor at$10.00 per hour, e. Description of work completed 3 Purchaser's Duties and Payment The Purchaser will: 3.1 Obtain all necessary permits or licenses or special authority for all projects that utilize ICWC labor. 3.2 Assign all work and coordinate material purchases and delivery for projects to be performed by the State. 3.3 Meet with the state as necessary to coordinate training and to provide project information needed by the State in the performance of its'duties. 3.4 The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is One hundred eight thousand seven hundred fifty dollars and 00/100($108,750.00). Revised 9/02 i The Purchaser agrees that this includes its share of the cost of providing a crew leader and placing the work crew into service on the ICWC program during the term of this agreement. 3.5 Payment shall be made by the Purchaser to the State in the amount of twenty-six thousand,two hundred fifty dollars and 00/100($26,250.00)before any work has begun;and twenty-six thousand two hundred fifty dollars and 00/100($26,250.00)on December 31,2005;twenty-eight thousand, one hundred twenty-five dollars and 00/100($28,125.00)on June 30,2006;and twenty-eight thousand one hundred twenty-five dollars and 00/100($28,125.00)on December 1,2006. Payment will be made no later that the 23`d day following the last day of the billing period. 4 Authorized Representatives The State's Authorized Representative is Mark Siemers,ICWC Regional Supervisor or her successor. The Purchaser's Authorized Representative is Doug Ernst,Supervisor,City of Eden Prairie. 5 Amendments,Waiver,and Contract Complete 5.1 Amendments.Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract,or their successors in office. 5.2 Waiver. If the State fails to enforce any provision of this contract,that failure does not waive the provision or its right to enforce it. 5.3 ' Contract Complete.This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract,whether written or oral,may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof. 7 Government Data Practices The Purchaser must comply with the Minnesota Government Data Practices Act,Minn. Stat.Ch. 13,as it applies to all data provided by the State under this contract.The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Purchaser or the State. If the Purchaser receives a request to release the data referred to in this Clause,the Purchaser must immediately notify the State.The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. 8 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State's Authorized Representative. 9 Audit Under Minn. Stat. § 16C.05,subd.5,the Purchaser's books,records,documents,and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor,as appropriate,for a total of six years. 10 Governing Law,Jurisdiction,and Venue Minnesota law,without regard to its choice-of-law provisions,governs this contract.Venue for all legal proceedings out of this contract,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination Either party may terminate this agreement at any time,with or without cause,upon 30 days'written notice to the other party. Revised 9/02 1.PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behalf of the Purchaser as required by applicable articles,bylaws,resolutions, or ordinances. By Title Date By Title Date 2.STATE AGENCY With delegated authority By - Title Date 3.Commissioner of Administration As delegated to Materials Management Division By Date 4.Attorney General As to form and execution By Date Distribution DOC Financial Services Unit-Original(fully executed)contract Purchaser State's Authorized Representative Budget Officer of Authorized Representative Department of Administration-Materials Management Division Revised 9/02 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 17, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Leslie Stovring Wetland Health Evaluation Program VII.F. Public Works/Environmental Agreement, IC# 03-5602 Services Requested Action Move to: Authorize an agreement with Hennepin County for Eden Prairie to continue participation in the Wetland Health Evaluation Project Synopsis In 2004 the City completed its third year of monitoring wetlands through the Wetland Health Evaluation Program (WHEP) in partnership with Hennepin County. Hennepin County is requesting continued sponsorship of the program for an annual cost of$3,850 in 2005 and$4,000 in 2006. The program has been a successful project and the monitoring program is continuing in 2005 as one of our Phase II Stormwater Permit programs. Currently the project is collecting data which could be used in the future to assist in determining what projects could be undertaken to improve the quality of the wetlands evaluated. Funding will be from the stormwater utility. Background The Wetland Health Evaluation Project (WHEP) is a partnership between Hennepin County, the Minnesota Pollution Control Agency (MPCA) and Dakota County. The project involves volunteers to monitor and evaluate wetlands within sponsoring communities. It is an excellent tool for both environmental education and collection of natural resource data. The data will be used to monitor how changes in land use impact the wetlands evaluated as well as to educate citizens and decision makers about wetland health in their community. Hennepin County is planning on using the data collected to apply for grants targeted at restoration or enhancement of the wetlands in the future. Using sampling methods developed by the MPCA, the volunteers help determine the general health of the wetlands sampled. Insect and plant communities are sampled and evaluated. The organisms collected provide accurate windows into the health of a wetland as certain species act as "biological indicators", meaning their existence in an area is indicative of environmental conditions. For example, bladderwort(Utricularia spp.) indicates the wetland is healthy, as bladderwort is sensitive to ecological changes. Hennepin County recognized the volunteers at an event on February 8, 2005. The stipend provided by the sponsor City is used to fund hiring of a team leader, purchase of equipment, quality control by an environmental consultant (URSBRW) and statistical analysis and reporting. The City selects four wetlands appropriate for the evaluation and provides a staff contact (the Environmental Coordinator) for the project. To date, seven wetlands have been sampled. Volunteer Information For 2005 there are a total of 14 volunteers assigned to Eden Prairie plus a Team Leader. Fourteen (14) of these volunteers are Eden Prairie residents. This number includes three students with a parent. One additional team member will be the Environmental Intern who coordinates the laboratory activities and sample storage at the Environmental Learning Center. During the 2004 monitoring season, nine (9) participants worked in the City of Eden Prairie and contributed a total 242 hours to WHEP. This included training sessions in plant and insect identification, collection of plant and insect species, and identification and analysis. The volunteers used the laboratory space at the Environmental Learning Center. In a wrap-up session held on September 2, 2004 the volunteers stated many reasons for wanting to help out. Some of the benefits included: • Easy to participate, all training and equipment is provided • Comfortable learning environment • Making time to be outside • Meet new people • Create a baseline of information on important ecological areas • Amount of personal knowledge gained through the program Results Four wetlands were sampled during the 2004 season. The wetlands are as follows: 1. Birch Island Woods Conservation Area - The larger wetland within the Conservation Area was included in the 2003 and 2004 WHEP program. The City's wetland inventory has classified the water body as high for vegetation diversity. The WHEP program has classified the wetland as in poor condition. The water level within the wetland has decreased and very little open water was identified. This has likely lead to the decreased quality. 2. Duck Pond-Duck Pond was added in 2004 and is a pond south of the railroad tracks from Duck Lake that was part of the lake prior to construction of the railroad. This pond is also part of a research study by the University of Wisconsin —Madison as a large number of deformed frogs have been identified within the pond. The City's inventory has classified this as a high quality wetland. The WHEP program classified the wetland as in moderate condition. 3. Dell Road - Dell Road Pond was established as a reference wetland during the City's wetland inventory and given an Exceptional Rating. The WHEP results show that the wetland is now in moderate to excellent in condition. 4. Nesbitt Park — A wetland on the southern edge of Nesbitt Park was added in 2004 to the sampling program. The City's inventory classified this as a high quality wetland that has an unmowed buffer. The WHEP program classified the wetland as in poor to moderate condition. In the overall WHEP program, a total of 53 wetlands were sampled in Dakota and Hennepin Counties during 2004. The vegetation analysis was consistent with previous trends, with more than half of the wetlands rated as Moderate. Six wetlands were rated Excellent and 15 rated Poor. Attachment WHEP Contract Contract No: A050650 AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND HENNEPIN COUNTY ENVIRONMENTAL SERVICES THIS AGREEMENT is made this day of ,2005,by and between the City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road,Eden Prairie,MN 55344(hereinafter referred to as the"City"),and Hennepin County Environmental Services located at 417 North Fifth Street,Minneapolis, Minnesota 55401-1397 (hereinafter referred to as the"County"). WITNESSETH WHEREAS,the City is willing to cooperate with the County on the Wetland Health Evaluation Program(hereinafter referred to as the"Program"). All work will be performed consistent with the guidelines set forth in the Wetland Health Evaluation Pram Summary,et al. which is attached hereto and incorporated by reference herein as Exhibit A. WHEREAS,the County represents that it has the professional and technical expertise and capabilities to perform it's duties on this Program; and NOW,THEREFORE,in consideration of the terms and conditions expressed herein,the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall commence on the date an executed Agreement is received by the County and expire upon completion of all the terms and conditions of this Agreement, subject to termination as provided in Subdivision V. II. DUTIES OF COUNTY A. The County agrees to provide the services in accordance with the County's Wetland Health Evaluation Program Summary, (Exhibit A), and the County's Estimate of Program Tasks(Exhibit A),which is hereby incorporated into this agreement and made a part hereof. B. The County shall provide the above-mentioned services on a lump sum fee basis per the attached fee schedule located in Exhibit A for the 2005 and 2006 seasons. The 2005 funding formula is$770 per wetland,plus$770 per quality assurance recheck. The 2006 funding formula is$800 per wetland,plus$800 per quality assurance recheck. The total amount of'work authorized by this Agreement including reimbursable expenses and testing services shall not exceed $7,850.00 without written authorization from the City. C. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The liability of Hennepin County and the City of Eden Prairie shall be governed by the provisions of the Minnesota Municipal Tort Claims Act, Minnesota Statutes 466 and other applicable law. Common law immunities and defenses are not waived D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the County staff as the agents,representatives or employees of the City for any purpose in any manner whatsoever. The County and its staff are to be and shall remain an independent County with respect to all services performed under this Agreement. The County represents that it has,or will secure at its own expense,all personnel required in performing services under this Agreement. Any and all personnel of the County or other persons,while engaged in the performance of any work or services 2 required by the County under this Agreement shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers'Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including,without limitation,claims of discrimination against the County,its officers, agents,County or employees shall in no way be the responsibility of the City; and the County shall defend,indemnify and hold the City,its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency,board,commission or court. Such personnel or other persons shall not be required nor be entitled to any compensation,rights or benefits of any kind whatsoever from the City, including,without limitation,tenure rights,medical and hospital care,sick and vacation leave,Workers' Compensation,Unemployment Compensation,disability, severance pay and PERA. E. During the performance of services,the County shall maintain the following minimum insurance coverage: General Liability Insurance in the amount of at least$1,000,000 combined single limit with bodily injury limits in the amount of at least$.300,000 per individual and$1,000,000 for injuries or death arising out of each occurrence. Property damage liability in the amount of'$1,000,000 for each occurrence. Automobile Liability Insurance in the amount of$300,000 per individual and$1,000,000 per occurrence. The County shall carry Workers'Compensation Insurance as required by Minnesota State Laws. 3 The County agrees to maintain professional liability insurance in the amount of'$1,000,000 annual aggregate during the term of this Agreement. It is undersood that the County is self4sured. F. The books,records,documents,and accounting procedures of the County, relevant to this Agreement,are subject to examination by the City, and either the legislative or state auditor as appropriate,pursuant to Minnesota Statutes,Section 16C.05, Subdivision 5. G. The patties agree to comply with all applicable local,state and federal laws, rules and regulations in the performance of the duties ofthis Agreement in effect at the time of the,Agreement,., H. The City and County agree to submit all claims,disputes and other matters in question between the parties arising out of or relating to this Agreement, to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul,Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement,mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. I. The County agrees to comply with the Americans with Disabilities Act (ADA),Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to,or treatment of employment in its services, programs or activities. The County agrees to hold harmless and indemnify the City from costs,including but not limited to damages, attorney's fees and staff time,in any action or 4 proceeding brought alleging a violation of ADA and/or Section 504 caused by the County. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services,programs and activities. The City has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990,as required by Section 35.107 of the U.S.Department of Justice regulations,and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973,as mandated by Section 8.53 of the U.S.Department of Housing and Urban Development regulations. reproduce, J. The County agrees that the City will have the right to use and modify,as it desires any data,reports, analyses,and materials which are collected or developed by the County as a result of this Agreement. Any reuse shall be at the City's sole risk and the City shall defend,indemnify,and hold harmless County from any and all claims arising therefrom. K. County shall use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same locality. L. Any delays in or failure of performance by City or County,other than payment of money,shall not constitute default hereunder if and to the extent such delays or failures of performance are caused by occurrences beyond the control of City or County,as the case may be,including but not limited to: act of war;rebellion or sabotage or damage resulting therefrom; fires, floods,explosion,accidents;or any causes,whether or not of the same class of kind as those specifically above named,which are not within the control of City or County,respectively,and which by the exercise of reasonable diligence,City or County are unable to prevent. 5 M. County shall retain its rights in its standard drawing details, designs, specifications,databases,computer software and any other proprietary property. Rights to intellectual property developed,utilized,or modified in the performance of the services shall remain the property of the County. County has no objection to the City reusing the drawings and documents in its possession from the County with the limitations specified in Paragraph J of*this Agreement. N. Since the County has no control over the cost of labor,materials,or equipment furnished by others, or over the resources provided by others to meet project schedules,County's opinion of probable costs and of'project schedules shall be made on the basis of experience and qualifications in Environmental Services. The County does not guarantee that the proposals,bids,or actual costs will not vary from County's cost estimates or that actual schedules will not vary from the County's projected schedules. O. Nothing in this Agreement constitutes a waiver by the City or County of any statutory or common law defenses,immunities,or limits on liability.The indemnification obligations of'the City or County under this Agreement cannot exceed the amount that the City or County would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466. III. DUTIES OF THE CITY The City agrees to pay the County for the County's services on a fee and reimbursable cost basis per the attached schedule Exhibit A. The total amount of work authorized by this Agreement shall not exceed$7,850.00 without written authorization fi-om the City. 6 The City shall pay the County within thirty(30)days of receiving the County s invoice outlining the costs and expenses of the County. IV. MISCELLANEOUS A, This Agreement represents the entire Agreement between the County and the City and supersedes and cancels any and all prior agreements or proposals,written or oral,between the parties relating to the subject matter hereof; and amendments,addenda, alterations,or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The parties agree to comply with all applicable local,state and federal laws, rules and regulations in the performance of the duties of this Agreement. V. TERMINATION This Agreement may be terminated by the City or the County with or without cause at any time upon thirty(30)days written notice. In the event that such termination should take place at a time other than the completion of the work to be performed under this Agreement,the County shall be paid for the work performed to the date of termination. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF EDEN PRAIRIE DATED: By: Reviewed and approved by the City Attorney. City Attorney HENNEPIN COUNTY DATED: By: 7 THIS PAGE DELIBERATELY LEFT BLANK SEE ATTACHED HENNEPIN COUNTY SIGNATURE PAGE 8 COUNTY ADMINISTRATOR APPROVAL PROVIDER, having signed this agreement,and the County having duly approved this agreement on the day of , 2005,and pursuant to such approval,the proper County officials having signed this agreement,the parties hereto agree to be bound by the provisions herein set forth. Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney Assistant/Deputy/County Administrator By: Assistant County Administrator,Public Works Date: Recommended for Approval By: Director,Department of Environmental Services Date: PROVIDER The Provider certifies that the person who executed this Agreement is authorized to do so on behalf of the Provider as required by applicable articles,bylaws,resolutions or ordinances.* Name: By: Date: *Provider shall submit applicable documentation(articles,bylaws,resolutions or ordinances)that confirms the signatory's delegation of authority. This documentation shall be submitted at the time Provider returns the Agreement to the County. Documentation is not required for a sole proprietorship. HCA romi No 1012005(Revised 09104) Exhibit A: General Description The Wetland Health Evaluation Project(WHEP)is a partnership between the Minnesota Pollution Control Agency,Hennepin County,Dakota County and cooperating cities and watershed districts. In the program, citizen volunteers use biological monitoring criteria established by the MPCA to monitor local wetlands. Hennepin County Department of Environmental Services is the coordinating agency in Hennepin County. The project began in Dakota County in 1998 and was piloted in Hennepin County in 2001. The details of the program responsibilities are as follows: Hennepin County Program Manager: The program manager is responsible for oversight of total program implementation and reporting. The program manager will: • Take proper precautions to ensure the safety of those involved in activities relating to WHEP. • Convene WHEP meetings as necessary. • Coordinate training sessions. • Provide site selection forms and site selection assistance as needed.. • Manage program finances. • Manage program contracts. • Maintain communication with all parties. • Cooperate with community sponsor contacts to recruit volunteers and team leaders.. • Implement any corrective actions necessary based upon recommendations from the monitoring coordinators,local sponsors,private consultant or the Minnesota Pollution Control Agency. • Keep on file all data sheets,site selection forms,financial records,and reports. • Provide copies of checked data sheets to team leaders,community sponsor contacts,private consultant and MPCA. • Serve as a spokesperson for the program. • Coordinate outreach educational opportunities. • Coordinate and find sponsors for volunteer appreciation dinner. • Distribute Field Season Summary to team leaders,monitoring coordinators and community sponsor contacts and MPCA. • Provide feedback and evaluation to team leaders and monitoring coordinators as needed. • Develop partnerships with other organizations to finther the goals of WHEP. • Pursue outside funding for the program. The City would be required to: • Provide a staff contact for the program • Provide funds for the following expenses each year in the program: team leader stipend,equipment,and volunteer coordinators cross checking of wetland by another team URS quality control statistical analysis and reporting by URS The 2005 funding formula is$770 per wetland,plus$770 per quality assurance recheck. The 2006 funding forumula is$800 per wetland,plus$800 per quality assurance recheck. • Select the wetlands to be included in the program including one reference site per team,which is monitored over time. • Complete site identification forms,keeping one copy for city files and distributing one copy of each to the team leader and the original to the WHEP program manager. • Secure maps and background information on wetlands in the program • Select,in cooperation with the program manager,a team leader. • Recruit,in cooperation with the program manager,volunteers.. • Take proper precautions to ensure the safety of team members. Exhibit A(cont.): • Arrange for reporting the results of the program to local officials in cooperation with the team leader. • Support the team leader as necessary. • Report how the data gathered is used at the local level to the program manager,i.e.: - Environmental education of citizens. - Local government assessment and decision-making processes. Staff contacts are encouraged to: • Attend WHEP meetings.. • Make a site visit to a wetland for each index(invertebrates and vegetation)with the team • Prepare and distribute articles for city newsletters or local media. • Arrange to get video footage of the team in action for public access TV. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 17, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Accept 2004 General Fund Financial VII.G. City Manager/Finance Results Requested Action Move to: Accept 2004 General Fund financial results. Synopsis As part of the audit of the City's financial statements, the year-end financial results are summarized and reported to the City council. The City Council acceptance of the General Fund financial results is a recommended practice by the City's auditors to ensure the City council is informed of the results. Attachments Memo Transfer Schedule � 3 MEMORANDUM TO: Mayor and City Council i 1 Scott Neal, City Manager FROM: Sue Kotchevar, Finance Manager DATE: April 29, 2004 SUBJECT: 2004 General Fund Financial Results At the end of each fiscal year, the General Fund financial results are reviewed and Finance recommends amounts of fund balance to reserve and designate and also any changes to budgeted transfers. The City had positive operating results in 2004 and the general fund's total fund balance increased $229,045. The table below reflects the changes to the City's general fund reserved and designated fund balances. An explanation of each of the balances is summarized below. Fund balance: 12/31/2004 12/31/2003 Difference Reserved Encumbrances $457,042 $341,225 $ 115,817 Prepaid items 102,391 77,918 24,473 Severance obligations 2,800,000 2,637,736 162,264 Interfund loan 710,829 865,995 (155,166) Unreserved—designated Revenue stabilization 5,068,565 5,012,371 56,194 Equipment purchases 0 544,062 (544,062) Working capital 11,294,097 10,724,572 569,525 P Total fund balance $20,432,924 $20,203,879 $229,045 Reserve Balances The amounts reserved in the general fund are amounts set aside for a specific purpose. The City is either obligated to pay these amounts in the future or the amounts are not currently available. Reserved for encumbrances represents amounts authorized by the City Manager for divisions to spend the next calendar year. This balance primarily represents information technology projects that were not accomplished in 2004 that will be completed in 2005. Prepaid items are amounts paid in 2004 for services to be received in 2005. Reserve for severance obligations represents the City's liability for accrued vacation and sick leave benefits owed to employees. The interfund loan is the amount loaned to the liquor operations to build the Den Road Liquor Store.Liquor operations will fully repay the loan in 2008. Unreserved- designated The unreserved fund balance consists of the revenue stabilization balance and the working capital balance. As of 12/31/03 a balance was maintained for the equipment revolving fund. Based on the nature of the equipment revolving fund, the activity belongs in a capital project fund and not the general fund. Staff transferred$544,062 to a newly created equipment revolving fund. Revenue Stabilization In 2004, an additional $56,194 was added to the revenue stabilization fund. This represents the amount of building permit revenue collected over the budgeted amount. The growth of this fund has slowed and changes to the balance will depend on future budget to actual results. Staff expects similar results in 2005 and the City will either increase or decrease the fund depending on budget to actual results. During the 2006/2007 budget process staff will review the proposed budget for building permit revenue and any projected changes to the balance. Working Capital The City's policy is to designate 30% to 40% of expenditures as working capital. This amount represents the amount needed to fund operations the first six months of the year. The City receives a tax settlement in December that funds operations until the next settlement in June of the next year. Since 75%of the City's general fund budget is tax revenue,one half of 75%or 37.5%,represents the percent of expenditures the tax settlement must fund until the next tax settlement is received. As you can see from the table above, the General Fund had positive operating results and the designated for working capital balance increased$569,525. The current balance is 38%ofthe 2005 budgeted expenditures which equals the percentage as of 12/31/03. Additional Transfers Additional transfers made in addition to amounts budgeted include the following: • $600,000 was transferred to a newly created employee benefit internal service fund. Beginning in 2004, employee benefits were allocated to the individual business units to provide better information of the cost to provide services. The City planned to transfer this amount which will be used to stabilize the financial impact of health care costs. • An additional $100,000 was transferred to the capital improvement fund for a total of $600,000 in 2004. For your information,a schedule of other unbudgeted transfers made from other funds is attached. These are primarily attributed to the closing of various debt service funds. Conclusion The general fund had positive operating results in 2004 which provided for the establishment of an employee benefits internal service fund and for additional capital improvement plan funding. The City maintains a strong financial position that continues to provide stability and flexibility for general fund operations. City of Eden Prairie Transfer Schedule 12/31/04 Transfer Transfer In Out Amount Explanation Building Refunding Bonds of 2004 Building Refunding Bonds of 1995 33,196 Refunded the 1995 Bldg.Bonds and issued the 2004 Bldg.Bonds Capital Improvement Funds Refunding Bonds 1995E 311,120 Debt in the 1995 Refunding Bonds were paid off in 2004 Open Space Refunding 2004 Open Space Debt of 1994 49,531 Refunded the 1994 Open Space Bonds and issued the 2004 Open Space Bonds CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 17,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Establish Senior Issues Task Force VII.H. Requested Action Move to: Approve establishment of the Senior Issues Task Force. Synopsis At its April 12 City Council meeting,the Council directed Staff to prepare a proposed charter statement and timeline for the reestablishment of the Senior Issues Task Force to update the original report during the year of its loth anniversary. At its May 3rd City Council meeting,the Council approved the charter statement and recommendations in the City Manager's memorandum regarding the reestablishment of the Senior Issues Task Force. Background The new charter statement for the task force: "The Senior Issues Task Force is reestablished for the purpose of providing the City Council with an update of the 1996 comprehensive report that identified the impact of changing demographics of the senior population and the resulting impact on housing, transportation,health,and social services and related issues." The timeline for the reestablished task force: May 17 Council officially authorizes the reestablishment of the task force. May 25 City staff begin soliciting for task force members. June 14 Council appoints the task force members. July Task force holds an organizational meeting in July and sets meeting dates and protocol for the task force process. January 2006 The task force final report is delivered to the Council. City staff will solicit the community for potential task force members. The City Manager will recommend a slate of task force members to the Council at the Council's June 14 meeting. The task force will have ten voting members, all of whom will be appointed by the City Council, including the task force's chair and vice chairs. Ms. Mary Keating from the Housing and Human Services Division has been assigned to serve as the professional staff support to the task force. A staff member will be provided as administrative support to the task force in July. A budget of not to exceed$5,000 will be designated from the City Manager's contingency budget to cover staff costs,meeting costs, and other miscellaneous costs of the task force. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 17,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Mary Krause Award Contract for 2005 Sealcoating VII.I. Public Works/Engineering I.C. #05-5647 Requested Action Move to: Award contract for 2005 Sealcoat to Allied Blacktop,in the amount of$279,862.41. Synopsis Sealed bids were received Thursday, May 12, 2005 for the 2005 Sealcoat. Three bids were received and are tabulated as follows: Allied Blacktop $279,862.41 Pearson Brothers $285,529.81 ASTECH $345,815.85 Background Information The 2005 O &M budget for sealcoating is $245,000. The balance of$35,000 between the actual project costs and budget amount will be taken from the CIP for pavement maintenance. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 17, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Mary Krause Award Contract for 2005 Bituminous VII.J. Public Works/Engineering Overlay,I.C. #05-5648 Requested Action Move to: Award contract for 2005 Bituminous Overlay to Bituminous Roadways,in the amount of$1,262,000.00. Synopsis Sealed bids were received Thursday,May 12,2005 for the 2005 Bituminous Overlay. Six bids were received and are tabulated as follows: Bituminous Roadways $1,262,000.00 William Mueller& Sons $1,295,480.00 Valley Paving $1,357,400.00 Midwest Asphalt $1,363,760.00 Hardrives $1,467,880.00 Northwest Asphalt $1,580,440.00 Background Information The 2005 O&M budget for milling and overlay is $266,000. The Council approved five-year CIP allocated an additional $1,150,000 for pavement maintenance for 2005. Approximately $996,000 of these monies will be added to the overlay program. The additional CIP funds will be utilized for additional projects including sealcoating. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 17, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Eugene Dietz Award Contract for Construction of Well VII.K. Public Works Pump House#15,I.C. #04-5611 Requested Action Move to: Award contract for construction of Well PumpHouse#15 to Magney Construction, Inc., in the amount of$373,450. Synopsis Sealed bids were received Tuesday,May 10,2005 for the construction of Well PumpHouse#15. Two bids were received and are tabulated as follows: Magney Construction,Inc. $373,450.00 Rice Lake Construction Group $386,900.00 [Engineers Estimate $364,700.00] Staff recommends award of the contract to Magney Construction, Inc. Background Information Well drilling for Well#15 is currently in progress and is expected to be complete in June. This contract will involve construction of the Well House and the mechanical systems to pump the water to the treatment plant. The entire project will be operational by late fall. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 17,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #00-5519 ITEM NO.: Eugene Dietz Award Contract for Maintenance of VII.L. Public Works Outside Storage Site(MOSS) Requested Action Move to: Award contract for Maintenance of Outside Storage Site (MOSS) to Imperial Developers, in the amount of$128,928.50. Synopsis Sealed bids were received Thursday, May 12, 2005 for the grading,pond construction and storm sewer for the MOSS project. Twelve bids were received and are tabulated as follows: Northdale Construction $200,373.93 Northwest Asphalt, Inc. $137,125.55 Park Construction $170,434.91 S.M. Hentges& Sons,Inc. $162,139.00 DMJ Corporation $199,541.75 Visser Scraper Service LLC $142,610.36 Veit&Company, Inc. $197,781.75 Max Steininger,Inc. $181,426.40 Doboszenski & Sons,Inc. $143,154.44 G.L. Contracting, Inc. $197,046.92 Terry Brothers $183,872.00 Staff recommends award of the project to Imperial Developers. Background Information The City acquired the old drive-in theatre site in 2002 for the purpose of creating an outside storage/staging site for Parks and Public Works operations. A first phase in-house project was completed in 2004, which created storage bins for the site. This project will grade the entire site and develop the storm water system. City staff will pave a portion of the site upon completion of the contracted work. A sand/salt storage facility is planned for construction later this summer. Funding for the project is a combination of approved Capital Improvement budget for a sand/salt storage building (which includes some site work preparation), storm water utility funds (water quality pond), utility enterprise funds(utility needs will be accommodated on the site) and to the extent necessary,pavement management funds(the site will provide staging for the program). CITY COUNCIL AGENDA DATE: SECTION: Public Hearing May 17,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.00-5508 ITEM NO.: Rodney W. Rue Order Improvements for Technology VIII.A. Public Works/Engineering Drive and Mitchell Road Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution ordering Technology Drive and Mitchell Road Improvements. Synopsis The Assistant City Engineer has prepared a feasibility study for street reconstruction of Technology Drive and the intersection of Technology Drive and Mitchell Road. These proposed improvements are an obligation of ADC Telecommunication,Inc. (ADC),as described in their Developer's Agreement dated July 20, 1999. A public hearing is necessary for the consideration of these improvements. Background Information As described in their Developer's Agreement,ADC was required to construct several identified improvements on Technology Drive and at the intersection of Technology Drive and Mitchell Road. Following several amendments to the Developer's Agreement,ADC and the City of Eden Prairie negotiated for the City to construct the improvements and assess ADC for their share through a special assessment agreement rather than the approved Tax Abatement Agreement. At the April 12,2005 City Council meeting, several approvals occurred, including: termination of the Tax Abatement Agreement, approval of the Fourth Amendment to the Developer's Agreement,approval of the Special Assessment Agreement,approval of a Professional Services Agreement with Landform, and approval of plans and specifications and ordering advertisement for bids. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- A RESOLUTION ORDERING IMPROVEMENTS WHEREAS, a resolution of the City Council adopted the 3`d day of May, 2005, fixed the 17`h day of May, 2005, as the date for a public hearing on the following proposed improvements: I.C. 00-5508: Technology Drive and Mitchell Road Improvements WHEREAS, ten days published notice of the Council Hearing through two weekly publications of the required notice was given and the hearing will be held on the 17 day of May, 2005, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Such improvements are hereby ordered. ADOPTED by the Eden Prairie City Council on May 17, 2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 5/17/05 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Pointe at Lake Riley VIII.B. Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 4.5 acres;and • Approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-22 on 4.5acres; and • Adopt the Resolution for Preliminary Plat on 4.5 acres into 4 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. • Approve and Authorize Issuance of a Grading Permit for Pointe at Lake Riley, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated March 2, 2005, as approved by the City Council. Synopsis This is a 4 lot single family subdivision. Planning Commission Recommendation At an informational meeting on December 13,2004 the developer presented two concept plans for the property. One layout was a 4-lot plan with a private drive;the other was a 4-lot plan with a public road that met City code requirements.The Planning Commission recommended the private drive plan because of the greater tree savings and smaller wetland impacts. The board directed the developer to increase the side yard setback from the west property line(Lund property),use the existing drive shared with Mr. Lund, and consider a conservation easement across the lakeshore side of the project. On March 28, 2005,the developer asked for a two week continuance in order to work on some additional plan revisions that would work better with the adjoining land owner. On April 11, 2005 the Planning Commission reviewed a 4 lot single family subdivision with a modified private road plan that was different from the one presented at the informational meeting, but was better for the following reasons. • The private road is shifted more towards the east property line. This allows more of the wetland area to be preserved, leaves more undisturbed open space adjacent to the Lund property to the west, and provides a better road grade for emergency vehicle access. • The setback to the Lund property has also been increased to 30 feet.To accomplish this , and keep tree loss to a minimum, all building pads had to be shifted to the east, resulting in some minor wetland fill on lot 1. • Four additional trees have been saved. • Wetland impacts have been reduced from 3,490 square feet to 1,860 square feet. The Planning Commission voted 7-0 to recommend approval of the project to the City Council at the April 11, 2005 meeting. Background The developer will install 1050 feet of sanitary sewer and 1290 feet of water main in Riley Lake Road and to restore an equivalent bituminous surface over the 1290 feet disturbed by utility construction is a feasible interim solution to provide a development opportunity for the site in advance of a City improvement project for Riley Lake Road. It will also provide an opportunity to connect existing lake homes east of the site, should their onsite system fail. The proposed temporary surfacing of Riley Lake Road represents a restoration of the existing surface after utility construction. In the future, a street improvement will be required. When Riley Lake Road is upgraded,the costs are proposed to be funded from State Aid and assessments to the benefiting properties along the south side of this segment. Assessment law requires that all properties of a similar class be assessed in a similar manner. It will,therefore, be appropriate to develop an assessment agreement with this site for its share of future Riley Lake Road street improvements. During the 1900's this peninsula was known as the "Westminster Presbyterian Church Camp" or Westminster Heights Camp. This site is also known as Minnesota Archaeological number 21- HE-220. ARS recently completed an archaeological assessment for the project area for the proposed development. Based on field observations, past surveys and consultation with Scott Anfinson, State Historic Preservation Office Archaeologist, ARS has concluded that the project area is unlikely to retain any archaeological evidence.No further archaeological evaluation of the project area is required. Attachments 1. Resolution for Planned Unit Development Concept 2. Resolution for Preliminary Plat 3. Staff Reports dated December 10, 2004 4. Staff Reports dated April 8, 2005 5. Site Location Map 6. Zoning&Land Use Map 7. Minutes December 13,2004 8. Minutes April 11, 2005 9. Archaeological Report POINTE AT LAKE RILEY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF G& LAND INVESTMENTS FOR POINTE AT LAKE RILEY 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 Planning Commission did conduct a public hearing on March 28,2005, on Pointe at Lake Riley by G&L Land Investments, LLC 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 17, 2005. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Pointe at Lake Riley, 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 March 2, 2005. 3. That the PUD Concept meets the recommendations of the Planning Commission March 28, 2005. ADOPTED by the City Council of the City of Eden Prairie this 17th day of May, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: Lot 3,Block 1,Riley Estates POINTE AT LAKE RILEY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- RESOLUTION APPROVING THE PRELIMINARY PLAT OF POINTE AT LAKE RILEY FOR G& L INVESTMENTS,INC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Pointe at Lake Riley stamp dated March 2, 2005, and consisting of 4.5 acres into four 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 17th day of May, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: December 10, 2004 SUBJECT: Pointe on Lake Riley Informational Meeting APPLICANT: G and L Investments L.L.C. OWNER: G and L Investments L.L.C. LOCATION: 9004 Lake Riley Road Staff Report— Pointe on Lake Riley - Informational Meeting December 10,2004 PURPOSE The purpose of the informational meeting is for: 1. The developer to present the proposed concept plan. 2. The developer, the Community Planning Board, and staff to hear comments from area residents on the proposal. 3. The Community Planning Board to identify issues for the developer and staff to address in detailed plans prior to returning for a public hearing. BACKGROUND The site is guided Low Density Residential for up to 2.5 units per acre. Surrounding land is also guided Low Density Residential. The site is zoned Rural. Land to the east and west is zoned Rural.Land to the north is zoned Rl- 13.5. DEVELOPMENT PROPOSAL The developer has two plans for the 4.5 acre property. • A 4 unit single family plan with a public road meeting City requirements • A 4 unit single family plan with a private road and waivers for lot frontage The developer is prepared to do either plan but prefers the alternative with the private drive since there is less hard surface area and more trees can be saved. R1-22 ZONING The proposed zoning for the site is R1-22.This district has a minimum lot size of 22,000 square feet. The required setbacks are 30 feet front, 15 feet for side yards, and 25 feet for the rear yard. Both alternatives meet these requirements. MORELAND ORDINANCE Lake Riley is a Recreational Development Water and the following requirements apply. 20,000 square foot lot size 120 foot lot width at building line 2 Staff Report— Pointe on Lake Rile - Informational Meeting December 10,2004 120 lot width at Ordinary High h Water Level 100 foot setback from Ordinary High Water Level Both alternatives meet these requirements. The shoreland ordinance has a bluff requirement and a shore impact requirement.The bluff is shown on the plans.There are no structures or grading on the bluff.No grading or structures can be in the shore impact area which is 50 feet back from the Ordinary High Water Level.There are no structures or grading shown in this area. Paths or stairs to the lake are permitted in this area. TREES There are 3,512 diameter inches of trees on the property.The public road plan saves 2,206 diameter inches of trees.The private road plan saves 2,581 diameter inches of trees. WETLANDS There are wetlands on the property. There is a small amount of wetland fill which is mitigated by replacement on site.Both plans meet the require wetland setbacks and buffer zones. RILEY LAKE ROAD IMPROVEMENTS The proposal to install 1050 feet of sanitary sewer and 1290 feet of water main in Riley Lake Road and to restore an equivalent bituminous surface over the 1290 feet disturbed by utility construction is a feasible interim solution to provide a development opportunity for the site in advance of a City improvement project for Riley Lake Road. It will also provide an opportunity to connect existing lake homes east of the site, should their onsite system fail. The proposed temporary surfacing of Riley Lake Road represents a restoration of the existing surface after utility construction. In the future,a street improvement will be required. When Riley Lake Road is upgraded,the costs are proposed to be funded from State Aid and assessments to the benefiting properties along the south side of this segment. Assessment law requires that all properties of a similar class be assessed in a similar manner. It will,therefore, be appropriate to develop an assessment agreement with this site for its share of future Riley Lake Road street improvements. SUMMARY The board should discuss the following question. • Which plan is the best use of the property? 3 Staff Report— Pointe on Lake Riley - Informational Meeting December 10,2004 Both plans do a good job of working with existing sites feature;the lake,trees, and wetlands. The public road plan developed according to code has a 63%tree savings which is about average for single family subdivisions.The private road plan has less hard surface and saves 73%of the trees, but would need a waiver since three of the lots do not have public street frontage.In the past the City has approved the use of private roads and grant waivers for preserving site features. Staff is comfortable with either approach to developing the site, but the private road plan is better. 4 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: April 8, 2005 SUBJECT: Pointe on Lake Riley APPLICANT: G and L Investments L.L.C. OWNER: G and L Investments L.L.C. LOCATION: 9004 Lake Riley Road • Planned Unit Development Concept Review on 4.5 acres • Planned Unit Development District Review with waivers on 4.5 acres. • Zoning District Change from Rural to R1-22 on 4.5 acres. • Preliminary Plat of 4.5 acres into 4 lots 7 Staff Report— Pointe on Lake Riley April 8,2005 CONTINUED ITEM This is a continued item from the March 28, 2005 meeting. INFORMATIONAL MEETING On December 13, 2004 the developer presented two concept plans for the property. One layout was a 4-lot plan with a private drive;the other was a 4-lot plan with a public road that met City code requirements. Through discussion planning board recommended the private drive plan because of the greater tree savings and smaller wetland impacts. The board directed the developer to increase the side yard setback from the west property line(Lund property),use the existing drive shared with Mr. Lund, and consider a conservation easement across the lakeshore side of the project. PLAN REVISIONS The private road plan is different than the one presented at the informational meeting. • The private road is shifted more towards the east property line.This allows more of the wetland area to be preserved, leaves more undisturbed open space adjacent to the Lund property to the west, and provides a better road grade for emergency vehicle access. • The setback to the Lund property has also been increased to 30 feet. To accomplish this, and keep tree loss to a minimum, all building pads had to be shifted to the east, resulting in some minor wetland fill on lot 1. • Four additional trees have been saved. • Wetland impacts have been reduced from 3,490 square feet to 1,860 square feet. BACKGROUND The site is guided Low Density Residential for up to 2.5 units per acre. Surrounding land is also guided Low Density Residential. The site is zoned Rural. Land to the east and west is zoned Rural. Land to the north is zoned R1- 13.5. R1-22 ZONING The proposed zoning for the site is R1-22.This district has a minimum lot size of 22,000 square feet. The required setbacks are 30 feet front, 15 feet for side yards, and 25 feet for the rear yard. SHORELAND ORDINANCE 2 Staff Report— Pointe on Lake Riley April 8,2005 Lake Riley is a Recreational Development Water and the following requirements apply. 20,000 square foot lot size 120 foot lot width at building line 120 lot width at Ordinary High Water Level 100 foot setback from Ordinary High Water Level The shoreland ordinance has a bluff requirement and a shore impact requirement.The bluff is shown on the plans.No grading or structures can be in the shore impact area which is 50 feet back from the Ordinary High Water Level.There are no structures or grading shown in these areas.Paths or stairs to the lake are permitted in this area. PLANNED UNIT DEVELOPMENT WAIVERS The project requires a waiver for lots not fronting on a public street. This waiver helps create a balance between tree preservation,wetland preservation,lake shore preservation and the adjoining west property owners concerns about the development.The project with waivers is better than the public road plan,which met all of the R1-22 and shoreland requirements,but had more wetland fill and,higher tree loss.The proposed plan works with the property owner to the west by relocating the main drive to the east, maintaining the neighbor's access to their home and increasing the setback from 15 meet to 30 feet for the nearest house. TREES There are 3,512 diameter inches of trees on the property.Tree loss is 765 inches.The required tree replacement is 222 inches. The plan meets this requirement. WETLANDS The plan meets the required wetland setbacks and buffer zones. ARCHAEOLOGICAL REPORT During the 1900's this peninsula was known as the "Westminster Presbyterian Church Camp" or Westminster Heights Camp.This site is also known as Minnesota Archaeological number 21-HE- 220. ARS recently completed an archaeological assessment for the project area for the proposed development.Based on field observations,past surveys and consultation with Scott Anfinson,State Historic Preservation Office Archaeologist,ARS has concluded that the project area is unlikely to retain any archaeological evidence. No further archaeological evaluation of the project area is required. 3 Staff Report— Pointe on Lake Riley April 8,2005 RILEY LAKE ROAD IMPROVEMENTS The proposal to install 1050 feet of sanitary sewer and 1290 feet of water main in Riley Lake Road and to restore an equivalent bituminous surface over the 1290 feet disturbed by utility construction is a feasible interim solution to provide a development opportunity for the site in advance of a City improvement project for Riley Lake Road. It will also provide an opportunity to connect existing lake homes east of the site, should their onsite system fail. The proposed temporary surfacing of Riley Lake Road represents a restoration of the existing surface after utility construction. In the future, a street improvement will be required. When Riley Lake Road is upgraded,the costs are proposed to be funded from State Aid and assessments to the benefiting properties along the south side of this segment. Assessment law requires that all properties of a similar class be assessed in a similar manner. It will,therefore, be appropriate to develop an assessment agreement with this site for its share of future Riley Lake Road street improvements. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 4.5 acres. • Planned Unit Development District Review with waivers on 4.5 acres. • Zoning District Change from Rural to R1-22 on 4.5 acres. • Preliminary Plat of 4.5 acres into 4 lots. This is based on plans stamp dated March 22, 2005,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. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. Prior to building permit issuance for the property,the proponent shall: 4 Staff Report— Pointe on Lake Riley April 8,2005 A. Provide a tree replacement/landscaping surety equivalent to 150%of the cost of the tree replacement/landscaping for 222 caliper inches. B. Pay the Cash Park Fee. 4. The following waivers are granted through the PUD for the project: A. Lots not fronting on a public street. 5 Area Location Map - The Pointe on Lake Riley Address: 9004 Lake Riley Road Ilk r English Turn f Z \ Bearpath Tr. �, r SITE 1 _ Riley Lake Road Lake Riley MOD ®warm®® Pioneer Tr. Ij The Pointe on Lake Riley Zoning Map '77 r � �x f) >/ §� s"� 3 � ....�. , w h ti ,- __. ��. Walnut Court I' `� � Valley View Road �, -a, pwl Lam.' SITE � 1 l �I n t 3 t I Y . -� v; - �=��• 7,71577 a 3 N LA I We 5 6 stgate Lane Eden Prairie Road �� $ � ME t s r scax cix.a maf.+v'x em,� ( a�z G�sr� K.�tti. Shoreland Management Classilicatlons x;s a.a C exams..,aasvism"'w" nr'. F'wx b »ktF-, .sl .+ Natural Environment Waters NO— Recreational Development Waters FIV. General Development Waters(Creeks Only) �� 100- Year Flurx3plain R1?� RWi Gy�rdy-17A Usk nix.�.....:::!;AM1t'a6'Fa^i.':q csiiA "se H(ptiway#.312'Nest 0f C"',1Y ROad#4 is propased,rw,•t tt ns+.n.cted at lyds Urne. • cs w:.a +;pdaiedthf"hOrdinOrKM#32.2.W4 Orddinance iG3-2001(all Addition)Approved,btn not sW wn en IN$Mt)ed lion Hyrw3ry^.n .r t . Oafe:Oer:,embar 31,2Sgz P 4s—c..,r.,, riR9iW C-aP.�'a:d ++cw,✓s+.nmxr��5 t•wawa WwWSa�an w m+p*+s Po wsw.+r .. Ms'xaxcM wplMuwnwf a�Psm hx:s G4 Yw��ws rx�. The Point on Lake Riley Guide Plan Map <� y n � 1,0 l fi 1 1 Walnut Court, _ Valley View Road 717 b ¢ i ' SITE '7T # — ( s i i E Westgate Lane „ - Eden Prairie Road , -- _. 0 il fib j , f I � -A Lov.Density Residential 0-2.5 Units/Acre Regional Commercial Principal Arterial Low Dr nsitytPubliclOpen Space Park/Open Space ---A Minor Arterial Medium Density residential 2,5-10 Units/Acre Pubiic'Quasi•Public ---B Minor Arterial t !' Medium Density ResidentiaVONice Church!Cemetery Major Collector High Density Residential'10•40 Units'Acre 7�, 73 Open Muter Minor Collector a Office _ Right-Of-Way Office/Industrial — Metropolitan Urban Service Line(MUSA) OfficerPublic/Open Space -- Creeks DATE App.,W 03-19.09 DATE Revise 0/-07.05 Industrial [, Airport Boundary — Neighborhood Commercial . Community Commercial Approved Minutes from the December 13,2004 Planning Commission Meeting A. THE POINTE ON LAKE RILEY By G&L Land Investments,LLC for 9004 Riley Road. This is an informational meeting for the developer to present a plan to develop four single-family lots along the north shore of Lake Riley. Steve Longman, partner of G &L Land Investments, presented the proposal. Mr. Longman stated that they have two plans; one that conforms to City code; the other requires a waiver for a private road. He added that the private road plan saves more trees. Mr. Longman stated that they do need some direction from the Planning Board as to which direction to go; either a private or public road. Stoelting asked Mr.Longman if he could discuss the maps that were in the Planning Board packet. Mr.Longman presented the conceptual plan for the public road. This road would come up along the property line,past the purposed ponding and past the wetland to a cul-de-sac. Mr. Longman stated that City requirements for a public road have restrictions as to width and in order to maintain the City's pitch of the road, it is difficult to do so on this site. It can be done through grading, but it would have more impact on the trees. He stated that if they were to go to a conceptual plan for a private road, the road would not have to be so wide. A private road would not have the restrictions along the side of the road as far as retaining walls,spaces for snowplows; and also the grades can be a little greater,which also means less impact on the land and trees. Instead of it being a cul-de-sac, it would be more in the shape of a Y. Mr. Longman stated that this plan was presented to the fire marshal and it was okayed by him. Stoelting asked Franzen to review the staff report. After looking at both alternatives and taking into consideration the lakes,the trees, and the wetlands, both plans do a good job, but the private road plan has more merit because there is less hard surface area, less retaining walls, and more trees would be saved. The tradeoff for that benefit would be granting a waiver for the private road. Franzen stated that private roads are not uncommon in Eden Prairie because they are used in areas where there are some environmental features on the property that are worth preserving. The staff is comfortable with either approach but feels that the private road plan is a better choice for the development of the property. Stoelting opened the meeting up for public input. John Bushey, of 9000 Riley Lake Road, stated that he feels that it is important to know the history of the property that is to be developed. Mr. Bushey stated that the land now known as Riley Estates is the three lots out on the peninsula that has been a unique part of Eden Prairie. This land is surrounded by the lake and farmland on either side. Mr. Bushey presented overhead views and stated that since 1945 this land has been untouched. It has been a retreat for the rotary and a Presbyterian church camp. Most recently, it has been three private lots, roughly 5 acres each. Mr. Bushey further stated that as far back as anyone can remember, this land has always been a fully canopied peninsula of mature oaks, basswood and maples and that two of the three owners are committed to preserving this appearance from the lake and from the roadside in its current state. The proposed plan for lot three, even the one with the shared driveway, calls for clear cutting nearly two contiguous acres of the 4 1/2 acre lot. Mr. Bushey also stated that this would leave only a few token trees between the closely spaced homes; leaving the remaining trees at risk. Mr.Bushey showed road plans that outlined the areas cleared of the canopy and the significant difference it will make in the character of the property. He stated that many of the remaining trees, even the ones outside of these areas, are going to be at risk from a couple of sources. The trees have grown together for years and have formed this canopy; supporting and protecting each other from the elements. Because of this,the trees left remaining, after the clearing, are going to be exposed and susceptible to windfall. Mr. Bushey also stated that the number of trees that he has counted that would be taken down,is 70 trees for the public road and 55 trees for the shared private driveways. He also felt that more trees will be taken down because the residents will want to look out at the lake so the trees between the houses and lake will also be coming down. Mr.Bushey would like the City to work with the developer to find a way to respect what this land means to the community. Ken Ross, of 8976 English Turn,which is located inside the Bearpath gate, stated that he would like to address the issue of the condition of Riley Lake Road and the significant increase of noise due to the construction. Mr. Ross's request is that if development is going to happen that the small stretch of Riley Lake Road be better paved, because the noise of the construction vehicles would be very disruptive. Kurt Niederluecke, of 5565 Waterford Circle, Shorewood, is the attorney representing Ron and Virginia Lund. Mr.Lund was not able to make the meeting but enclosed a letter in the packet. On behalf on Mr. Lund,Mr.Niederluecke stated that the Lund's purchased their property approximately four years ago. This property is adjacent to the subject property. The concern for the Lunds is the loss of trees and also the fact that a private or public driveway will obliterate the Lund's current driveway,of which they have a deeded access on that property. Also, from viewing the original pictures from the developer, it shows how close the driveway and the house are to the adjacent property. The Lunds have two structures on their property and there would be almost no land between their structures and the proposed house. Mr.Niederluecke stated the concern of the Lunds is that when they look into their yard, they will end up looking right into the back of one of their new unwanted neighbor's houses. So in conclusion,the Lunds feel that the best use of this land would be for a single home development that can be used with respect for the land, instead of destroying the land. Bob Adimitus, of 9503 Ivy Drive, stated that his residence is across the lake from the proposed development and he just has one question. Is this plot of land part of the Big Woods and if it is part of the Big Woods, are the restrictions on tree removal and tree destruction comparable to the restrictions that were placed on the Big Woods development? Greg Halvorson, of 9536 Lakeland Terrace,which is located in the southeast corner of Lake Riley,had one question for the Board. He stated that it seemed unique that this should be the only parcel on Lake Riley in Eden Prairie that would have multiple dwellings on it. His question was that if this is the case is it the same for other lake properties in Eden Prairie. If it is so,he does not feel that it is appropriate. ro riate. Stoelting asked him if he meant are there any more lakeside properties in Eden Prairie and Mr.Halvorson responded by stating that that was correct; on other lakes in Eden Prairie with multiple dwellings on one site. Wallace Anderson,whose property is east, three sites removed from the proposed development, questioned if in the proposal the developer would be paying for water and sewer that is not on the existing Riley Lake Road. Stoelting summarized by stating that Staff can address a good number of these issues and some issues might be better addressed by the project proponent. Mr.Longman addressed the issue of respect for quality versus quantity by stating that they are being respectful of the existing trees and part of this site is on a bluff and that will be designed to comply with the bluff ordinance. The next issue Mr.Longman addressed was anticipated vehicle noise associated with the poor condition of Riley Lake Road. He stated that they are proposing to extend the utilities along the road and that they will repave it. The next issue was the obliteration of the deeded access along the Lund driveway. Mr. Longman stated that they will be respectful of that deed but that it is for everyone's use; it is not an exclusive access. He stated that they are deeded to use it and they will acknowledge that. The issue of setbacks between the development and the Lunds development was also addressed Mr.Longman stated that the R122 rezoning is compatible with the City ordinance and that they, in fact, exceed that in regard to lot size because there is quite a bite of distance between the houses. Mr.Longman stated that they will replace as many of the trees as possible. Stoelting asked Franzen to address some of the questions in regards to the uses of the property. Franzen responded by stating that there are three parcels on this point that are guided as low density residential. That means it is up to 2 1/2 units per acre. On a 4 1/2 acre site,that could accommodate up to 12 units. In looking at this property, it cannot accommodate 12 units. Franzen stated that in developing this site, one must take into account both lot size requirements and shoreline requirements,which are slightly larger lots, in order to preserve the character of the lakeshore. Dietz responded to the utility issue by stating that the question of when to approve Riley Lake Road has been asked for at least 23 years. He stated that this is an expensive project and previously, Bearpath funded half of this road. The concerns about this road are mainly coming from the Chanhassen residents. Many of the homes in the area are not homesteaded and there are no provisions for capping special assessments. Dietz stated that the proposal will bring sewer and water to this project. The Council has ordered a feasibility study. Fox addressed the tree issue. He stated that this wood is remnants of Big Woods. The reason that it is in the same condition is the result of topography. As far as the health of the trees,they are very healthy. The things that will impact the health of these trees would be the road construction, retaining walls, and utility lines. He commented about the slope, stating that there are places in the City where there are slopes and people have taken trees down for access to the dock area. Stoelting addressed the Board for questions. Nelson asked the Staff if there was going to be a conservation easement to make sure the trees along the lake stay put as much as possible. Franzen responded that this has not been discussed yet,but would be addressed in the zoning review of the project. Nelson asked what percentage of tree loss would there be. Fox responded by stating that for the public road it would be 38 percent and for the private road it would be 28 percent,based on the concept layout. Nelson asked if the road was equipped to handle school buses going in and out of the development. Franzen responded that he was not sure if school buses travel on private roads. Nelson responded by stating that they do go in for kindergartners and this could potentially be an issue. Nelson also asked who would be required to snow plow the private road, the City or the homeowner association. Dietz responded that it would be privately done by the association. Brooks asked how many other parcels of land on Lake Riley may be potentially sub-divided. Franzen responded that he knows of two larger ones on the point; there maybe some smaller ones that could be divided in half. Nelson made a comment regarding that a private drive would be a better alternative in regards to tree loss and would like to see a conservation easement. Stoltz asked if there were restrictions placed on Big Woods and the subdivisions in the past. Fox responded by stating that what first came out of the post- subdivision was that they wanted Eden Prairie to purchase the property, but the City did not have the money at the time. What came out of it, eventually, were significant conservation easements and setbacks. Kacher asked Kurt Niederluecke,attorney for the Lunds,to clarify what was written in Mr. Lund's letter regarding that the setback limitations were not consistent with the City requirements. Niederluecke responding by stating that part of this had to do with the rezoning from rural and asked Franzen if that was correct. Franzen responded by stating that other properties are zoned rural until sewer and water are extended to the property. The rural side yard setback is 50 feet. The R1-22 side yard setback is 15 feet. Niederluecke stated that Mr.Lund was concerned with the reduction of the setback and that it would ultimately reflect on the value of his property, along with the aesthetic value. Kacher asked how the City dealt with such situations in the past. Franzen responded that if there is industrial or commercial next to residential there is typically a buffer or transition because that is required by the ordinance. But when there is residential or rural, the City does not require a buffer zone or transition. When you have an R-19.5 next to an R113.5 there is no buffer zones between those districts. Kacher asked if there was anything that could be done to protect Mr. Lund in this case. Franzen stated that according to code,the City cannot require a larger setback. Kacher asked if Franzen had any recommendations for the developer. Franzen stated that the buildings could be shifted east to create a bigger setback, but it may create other problems such as wetland fill and/or increased tree loss. Kacher stated that he supports a private driveway but would like to see the developer work with the other homeowners to address this issue. Stoelting concluded the informational meeting by giving the project proponent guidance for the next meeting. He stated that the Board is looking for a proposal that minimizes the loss of the trees. Second to explore a conservation easement. Stoelting also stated that the Staff seemed to favor the private road proposal over the public road because it impacts fewer trees. And finally the frontage issue, if there could be a possibility to move the buildings around and create more setback for the adjacent Lund property. This proposal would require rezoning the site from rural to R 1-22. Approved Planning Commission Minutes from April 11,2005 THE POINTE ON LAKE RILEY(a continued hearing) (2005-5), by G&L Land Investments,LLC,Request for Planned Unit Development Concept Review on 4.5 acres;Planned Unit Development District Review with waivers on 4.5 acres; Zoning District Change from Rural to R1-22 on 4.5 acres; and Preliminary Plat of 4.5 acres into 4 lots. Location: 9004 Riley Lake Road. Steve Longman, partner of G&L Land Investments,utilized the overhead projector to explain the proposal. He stated that they have had numerous meetings with the neighbors and the Planning and Engineering Departments to address the concerns of tree loss and wetland impact. They resolved these issues by moving the road to the east, closer to the Kirkland property,to get it away from the mature hardwoods. They felt that this would also make the grades better for the road. The net impact of what would be achieved would be that the tree loss would be reduced from 38%to 25%and the wetland impact from 3,490 square feet to 1,860 square feet. A side yard setback was also created from Mr.Lund's property,which would be 15 feet to 30 feet. Mr.Lund's driveway and approach to his property have been preserved and the new plan also allows for a wetland outlot A,which would be dedicated to the City. Nelson asked Franzen to review the staff report. Franzen stated that the staff recommends approval according to the recommendations on page 4 and 5 of the staff report. He stated that the reasons for recommendation for approval have to do with the plan changes that have been made since the first informational meeting. The Planning Commission had a choice between a public road plan and a private road plan and the City saw that there were clear advantages in saving trees and increasing setbacks on the lake and minimizing wetland fill. Nelson opened up the meeting for public input. Ron Lund, 9002 Riley Lake Road, is the owner of the property that is adjacent to this parcel. He stated that when this project started he objected to it, but he is here tonight in agreement and support of the project and would like to commend Mr. Longman in the way this proposal was handled. Koenig asked Fox if there was mitigation for impacted wetland. Fox thought this would be better addressed by Kirk Cullio, project consultant. Mr. Cullio stated that one of the City's comments required that they handle the ponding for Riley Lake Road and they are proposing to do that in between Mr.Lund's private driveway and Riley Lake Road. He stated that they are going with an approach that is somewhat of a treatment train. The water from the yards of the houses will go down a storm sewer system and go into the first pond and then from the first pond it will go into a series of cells and then into the main existing wetland. Mr. Cullio explained this using the overhead projector. The mitigation plan was developed by Wayne Jacobson,wetland specialist. Franzen stated that there are three parts to this plan. The first part is the creation of the wetland. The second part is the storm water quality and the third part is the vegetation plan, establishing appropriate wetland species for the type of wetland that is located there. Stoltz asked about the archeological evaluation and what flags a piece of property to have this done. Franzen stated that the City hired a consultant to do a City-wide historical and cultural resource survey back in 1990. This person is an expert in archeological and cultural resources and goes through all of the historical literature that the City has. Also included is information from the State Archeologists Office about various sites in the City. These items are put together on a map that includes between 50 to 75 different sites of different categories of historic and cultural resources in the City. Franzen stated that every time a project is near one of these symbols located on a map,the developer will consult with someone to do an additional survey. Koenig asked how far back the City studied archeological issues when it did development. Franzen stated that the process started in the early 1990's for a citywide historical and cultural survey. Prior to that in the 1970's and 1980's, the City worked with the State of Minnesota on sites where environmental review was required. MOTION by Koenig, seconded by Kacher,to close the public hearing. Motion carried 7-0. MOTION by Kacher, seconded by Koenig,to approve a request for Planned Unit Development concept Review on 4.5 acres;Planned Unit Development District Review with waivers on 4.5 acres;Zoning District Change from Rural to R1-22 on 4.5 acres; and Preliminary Plat of 4.5 acres into 4 lots, based on plans dated April 8, 2005, subject to the recommendations of the staff report dated April 8, 2005,to the City Council. Motion carried 7-0. City of Eden Prairie MEMORANDUM TO: Mike Franzen, City Planner FROM: John Gertz, Historic Preservation Specialist DATE: February 2, 2005 SUBJECT: Assessment of Archaeological resource Potential for the Pointe on Lake Riley Archaeological Research Services (ARS)recently completed an archaeological assessment of the project area for the proposed development, The Pointe on Lake Riley. Based on field observations, past surveys and consultation with Scott Anfinson, State Historic Preservation Office Archaeologist, ARS has concluded that the project area is unlikely to retain any archaeological evidence. Areas within the project area that retain a less disturbed context are generally located in no-build zones. Based on the ARS assessment,no further archaeological evaluation of the project area is required. ARCHAEOLOGICAL RESEARCH SERVICES (ARS) 1812 15th Avenue South MINNEAPOLIS, MN 55404-2119 Phone: (612) 870-9775 Fax: (612) 870-9789 Date: January 27, 2005 To: John Gertz, City of Eden Prairie From: Christina Harrison Re: Preliminary Plat for "The Pointe On Lake Riley", City of Eden Prairie, Hennepin County, Minnesota: Assessment of Archaeological Resource Potential. INTRODUCTION G & L Land Investments LLC is proposing to develop a segment of a point that extends south from the north shore of Lake Riley in the City of Eden Prairie, Hennepin County, Minnesota. The property is located in NW4 NW/4 SW/4 Section 19, T116N, R22W (Figure 1) . The point rises to a high knoll which slopes quite steeply towards the lake on three sides and to Riley Lake Road on the fourth, northern side. Most of the area is wooded but two newer homes on extensively landscaped lots occupy the central and western segments of the knoll. The property now under review includes the easternmost portion of the crest, the steep, wooded NW/E/SE facing slope of the hill and a lower, also wooded area. According to the proposed plan, this parcel will be divided into four residential lots (Figure 2) . HISTORY OF LAND USE During the 1900s, the peninsula was for some time known as the "Westminster Presbyterian Church Camp" or "Westminster Heights Camp", with cabins dating from around the 1920s. During a field review conducted by a Minnesota Trunk Highway Archaeological Reconnaissance Survey (MTHARS) team in 1972, three pieces of Native American lithic debitage (chipping debris) were collected on the disturbed crest of the knoll and recorded as a site by the name of Westminster Heights (Nystuen 1972) . Several cabins were still standing on the peninsula in 1992 when it was investigated again, now as part of a city-wide cultural resource survey (Hoisington and Peterson 1993) . By that time, it no longer served as a church camp and one of the cabins had been remodeled into a residence. "The Pointe On Lake Riley" -- Results of Archaeological Review, Page 2 Visual inspection by the 1993 survey team recovered another piece of archaeological evidence: a crudely shaped end scraper of chert which was found in the disturbed yard of the cabin-turned- residence -- the only item noticed in spite of fair exposure of the disturbed surface. The find was made near the boundary between the project area and the adjacent lot to the west, in an area since destroyed by landscaping. The archaeological site was added to the Minnesota Archaeological Inventory as number 21-HE-220 (Westminster Heights) . The evidence is not diagnostic as to date and cultural affiliation. (Lithics of this kind were associated with Native American tool making for thousands of years. ) CURRENT CONDITION AND ARCHAEOLOGICAL POTENTIAL OF SURVEY PARCEL Figure 2 shows the locations which retain the footprints of former church camp buildings: mostly smaller cabins and sheds without any elaborate foundations, placed on areas slightly leveled into the hillside. Only one of the structures stood on level ground: a larger cabin on the small segment of the crest that falls within the survey parcel. That area is now covered by an earthen berm -- presumably built up with soil graded off the adjacent lot to the west as that area was landscaped for a newer residence and garage. The only remnants of less disturbed crest fall within the bluff protection zone south and east of the former cabin location. Other physical traces of the former church camp include a dirt drive that runs up the hill side and in one spot has been widened into a terrace supported by a simple boulder wall, presumably to serve as a parking area. Another dirt road that traverses the lower wooded area appears to have provided access to the lower cabins. Both road beds will be used as driveways for the proposed new homes. On January 18, 2005, I reviewed the project area in the company of Tim Guilfoil from G & L Land Investments and Curtiss Kallio from Kallio Engineering. In spite of a patchy groundcover of crusty, partially melted 1- or 2-inch thick snow, it was quite evident that the parcel lacks archaeological research potential. Almost all of the areas that are or were level enough to have invited past Native American use have now been disturbed by road beds or other landscaping. The small segments that are left undisturbed, both on the crest of the knoll and down by the lake, are all within the shoreline/bluff protection zone as shown in Figure 2. "The Pointe On Lake Riley" -- Results of Archaeological Review, Page 3 CONCLUSION These field observations, along with my review of the actual 21- HE-220 site file at the State Historic Preservation Office (SHPO) and an informal discussion with Scott Anfinson, SHPO archaeologist, all allow me to conclude that the project area currently under review is unlikely retain any archaeological evidence. Even if small fragments of undisturbed cultural deposit should remain on the perimeter of the crest or down by the lake, they would be well within the protected no-build zone. More importantly, they would be too fragmentary, too limited in physical extent, to provide any meaningful information about the life and cultural affiliation of the Native Americans that once used this location. The same may be true of the entire Westminster Heights site area which by now has been seriously impacted by 20th century land use. it is also evident that few traces remain of the old church camp. Briefly restated, there is no indication that the proposed undertaking would have an adverse effect on any significant cultural resources. REFERENCES Hoisington, Daniel J. and David L. Peterson 1993 City-Wide Cultural Resource Survey of Eden Prairie, Minnesota, Year 2: 1993. Tellus Consultants, Inc. Minneapolis. Nystuen, David W. 1972 The Minnesota Trunk Highway Archaeological Reconnaissance Survey: Annual Repoort 1972. Minnesota Historical Society, St. Paul. THE POINTE ON LAKE RILEYK1,1511F E D E N PRAIRIE, MN KA%iio 6'aPP�P�^a.UZ tx.°E,xa Aw. 9,.POPP..MN PRELIMINARY PLAT, GRADING, DRAINAGE, & EROSION CONTROL PLANS, UTILITY PLANS, AND TREE PRESERVATION PLAN ` � £ 7 Rad e i Valle a W. uo ,° F Ed Lv', �'• cc W.'; TBth "SL eSrt atn St.1 l _ Mitrhell �� ;:° 312 Technolca ' 6 a s Rice Lake' yam.> C rrai i� Hal g €' .\` a '° Marsh to (\�1 r_/,7 a •. al 16 Rd. Sce,c -fie s u 9 G PLAN SHEETS LEGEND Lake •� Lake Susan !.,, c_ �� i �J i a \�o� 212 # I aG,N.A,• •_ _;r a�aas ataaa iant .'�u``?J Q' :`�� Rock - .�.. \�' ~ 7Lake pna lT.ake Pkv y Ex E°N,dlR _ype___ of SITE ` ��V `' °'� PlD�ger y/t7 Starih�,I_�` u i P--7" �— w t a �;:4' °.� Trail Lake R AM ARR°N -► cD Rl,ey a.T 6A - Lake •-- - -. j_...s _.. .j._ -<<1 .a IMP t,ar gtw ¢T Clgs` G a ERIDEVELOPER 4 ��.�.„ ELD y ,. Q��° Plonae CAL NLANtI NVES1utri15 111: Ex ra f° T r eo I 'm �y,�,,,- r MU GREAT WATM A=w e•�.— Ttall y., ej..\ O j 1 �'•R �a' EMN PRNR&yH M347 "° 2B a` t�p4 ° Flyin L CMTA". nu cuara P—Rs �' SQ Claud cT°` asx-aoc-aaae Ex sroP�rti ek '1 Airport PPaP z,a,V uN ` EN^qp'J' ,�o GINEER/SURVEYOR PP°P.•V vAtvi uN ..� E,\ oiile O(. 11 -}'itt9 RAWa MCHE AR7a Ur Ex s.w SE-M i 1 "a- 212 — - - -- •- - - --;- --- s+`,ucaE so A P ,•E, Gx1„TAG U379 GD PR°�.evt gvBP }�/ ./�'- i •--- t a3x-443 n$44T KAl1J0.PE 1E2, PP°^.W".— -.-.-� .�' �✓ . ��i, Rice.. �. � • Gra_5 ;"�.• /� ' _ j��' r'•1�� PLAN SHEETS INDEX rRaP MYeeANT •* �SP�+•S'• ?;` � x, - Lake; i ' , nAE SHEET 3 PP°P.GATE vuvE --�-.-+- '` ., r"! x El CQ ceNanWS k POMTN Patt -p- GZR7FIGTE Or SURVEY VICINITY MAP x PREUH,NARY PLAT a ,FLVNq:E —,ERE— 4 ER°51T/R4 GbN1R0l PLAN g ou,P¢ —[tEc— S-6 V71L1TY PLWS g C.cwtEAe P°v6n ---oNP— 7 TREE PRESERVAPENI PLAN I � F $wve. 1 T SHD:75 / 1 j /il� � r1➢ -f rrk�+kf�-"'+trw-i` ^r t� r � '�a.- �� �+ ke l�'- Qm�e KALLIO 9rolunn9.uc 1 -----..a-" S. S k g.,Nn 1117, -------------- (=Fi8J1A1rC -------- t /J',/ / ♦ � rrerar "" �,' :in ` a1 , C\. s—' d i /�\. hr d,A•.- I /r/, /x% s� I �,�p =4:��i'� ��<�� •'"Y r. _-- 4. � � ~ _ \\�` ��Hkry t}';a��d,per � E�� -.filla ! �,/ / t t� � _ a.cf - _� � -- R � __ � _-— _- a-- S- ��''•�+�`��' yr�xrc RIrALf me e 41 \ \ � i '/ t9Pppt/ / � // � )r�// ' „�•� — — — g---"�.�" � `•IPe"(_' 'M}`\\�\ ��l R � � 1,7 1 LEGEND / - l 1 i,Ii 1 2. /t4�ryr1luRy. .p���,, IlM ylLfvr11� IAra aw BENCHMARK sluff wrAcr zwc \ iwu(/ / 1,y r:b+rjll It l K nR1 w wC.."SCE OI D.N AT sNaw rw•ozr ssr II Rft\Axo nszfnz / �" y 1iprr�1/ /fr,/ri GENE M 1WVAIE 0"w NOTES ppw sc E w K-1mr W IMM Rr wtv,a w SE MoeT N ns W.M er A Wwd¢Arw ulun E/.SWERT. RRLVOJs Vg / I r F( // J W 14W RV.R Slim IICrEs 1ART EOI T M uuu/.a ANO C•T1.'t r AWY rRau M sorts. Milne IM TMS hly /.'' ,1/Et.7�(Fr/lif.. /!1i / @JIDWC rm$AS 910WI ARC IPPREYMII LocAlorr+IM GEVARpii Ill lDi$ME v x RETNwHo W4 / -%I k/)fAIEEL / EXIM wACEp 10 rli ME REsr[GRK pK1oC OFSRiIm NWG CISTW CESwEC NwES Y.ti //ry$krZft�J�1/�//,r / 1 RmocE M REruwwc wu u wow RA"nW Rwny � � / //r��rTllylrlTr!yil i! / Of Sg mFi rrcsrnvnnw suc"ur ra Iqz cERavu•rowAnw +//i Ill/1 rN1,r, j/ 1 l"� r!/Yr�_'ly/1'f�rliil!�1f1.1 SNEETS i CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 5-17-05 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Janet Jeremiah McCall Bluff Subdivision VIII.C. Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 4.89 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Rural District on 4.89 acres; and • Adopt the Resolution for Preliminary Plat on 4.89 acres into 2 lots and 1 outlot;and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is a preliminary plat in the Rural zoning district of 4.89 acres into two lots. Waivers are required for lot size, lot dimension and setbacks. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project to the City Council at the April 11,2005. Background Information The project requires the following waivers. Code Lot 1 Lot 2 10 acres 1.1 acres 1.21 acres 300 foot width 140 feet 85 feet front setback 50 feet 30 feet 45 feet side setback 50 feet 7 feet 15 feet side setback 100 feet 61 feet 15 The property could develop when sewer and water is available in the future and no waivers would be required.By granting the waivers now,the City receives 2.31 acres of land dedication and .89 acres of conservation easement. The percentage of land to be dedicated to the City and protected by conservation easement is similar to the approval for the Grootwassink subdivision to the east of this property. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Planning Staff Report April 8, 2005 4. Location Map 5. Zoning Map 6. Land Use Map 7. Planning Commission Minutes April 11, 2005 MCCALL BLUFF CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MCCALL BLUFF FOR MCCALL CONSTRUCTION COMPANY 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 Planning Commission did conduct a public hearing on April 11, 2005, on McCall Bluff Addition by McCall Construction Company 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 17, 2005. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. McCall Bluff Addition, 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 April 8, 2005. 3. That the PUD Concept meets the recommendations of the Planning Commission April 11, 2005. ADOPTED by the City Council of the City of Eden Prairie this 17th day of May, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: The West 225.0 feet of the Southwest Quarter (SW'/4) of the Southwest Quarter(SW /4) of Section 29,Township 116 North,Range 22,Hennepin County,Minnesota,lying northerly of the northerly right of way line of State Highway No. 169-212.Together with an easement for road purposes over the South 33.0 feet of the North 66.0 feet of the Southeast Quarter(SE'/4) of the Southeast Quarter(SE'/4)of Section 30,Township 116 North,Range 22,lying Easterly of the Town Road (Dell Road). MCCALL BLUFF CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION APPROVING THE PRELIMINARY PLAT OF MCCALL BLUFF ADDITION FOR MCCALL CONSTRUCT ION COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of McCall Bluff stamp dated April 8, 2005, and consisting of 4.89 acres into two 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 17th day of May, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: April 8, 2005 SUBJECT: McCall Bluff Addition APPLICANT/ Jeff McCall OWNER: Jeff McCall LOCATION: 9997 Dell Road 1. Planned Unit Development Concept Review on 4.89 acres. 2. Planned Unit Development District Review and Zoning District Amendment in he Rural Zoning District on 4.89 acres. 3. Preliminary Plat of 4.89 acres into 2 lots. Staff Report— McCall Bluff Addition April 8,2005 BACKGROUND This site is zoned Rural. The site is guided low density residential for up to 2.5 units per acre. Both houses are inside the MUSA Line. Sewer and water is not adjacent to the site but may be served in the future. PRELIMINARY PLAT The plan is to subdivide 4.89 acres into two lots. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers. Code Lot 1 Lot 2 10 acres 1.1 acres 1.21 acres 300 foot width 140 feet 85 feet front setback 50 feet 30 feet 45 feet side setback 50 feet 7 feet 15 feet side setback 100 feet 61 feet 15 The property could develop when sewer and water is available in the future and no waivers would be required.By granting the waivers now,the City receives 2.31 acres of land dedication and.89 acres of conservation easement. The percentage of land to be dedicated to the City and protected by conservation easement is similar to the approval for the Grootwassink subdivision to the east of this property. TREES There are 52 inches of significant trees on the proposed lots.The required tree replacement is 69 inches. Since there is a large quantity of significant trees that will be saved in the land dedicated to the City, and the area protected by conservation easement the staff recomnaends that the tree replacement requirement be waived. SUMMARY 2 Staff Report— McCall Bluff Addition April 8,2005 The approval of the subdivision and the granting of the waivers will protect approximately 3.16 acres of the 4.89 acres site.This limits the number of homes on the bluff, reducing the visual impact and saving trees and slopes from impact in the future. The Planning Commission should discuss the following questions. 1. Should the land be subdivided now or wait until sewer and water is available? 2. Does the City benefit from granting the waivers? 3. Are the trees and slopes best protected with the two lot subdivision? STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 4.89 acres. • Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres. • Preliminary Plat of 4.89 acres into 2 lots. This is based on plans dated stamp dated April 11,2005, 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 pay the cash park fees. 4. The following waivers are granted as part of the PUD. Code Lot 1 Lot 2 10 acres 1.1 acres 1.21 acres 300 foot width 140 feet 85 feet front setback 50 feet 30 feet 45 feet 3 Staff Report— McCall Bluff Addition April 8,2005 side setback 50 feet 7 feet 15 feet side setback 100 feet 61 feet 15 4 Area Location Map - McCall Bluff Address: 9997 Dell Road 5 = I Dell Road H U Flying Cloud Drive(212) Lake Riley r N No Scale McCall Bluff Addition Zoning Map r. s � t i DO Road I ...•r^" 'a to ;: �— Flying Cloud'Drive(212) mi ff$ y .��g��e.E x �� bra''' 4;c,3-;;•^�'�� �+Y k`` # "s €• ill Shoreland Management ClassiBrations On k0,WWP x-snonwe� GO Natural Environment Waters r, Fxjy!ZWo f^^. Cw"I " -s'mM., MI Recreational Development Waters �ru-3 s cs r—q 3.,0,sf "-'17 ft IW General oevetopment Waters(Creeks Only) !R146 MSYakx sass aR/r.FxMy6.7UP.Amsa �! �y tnd' YeatFlaodptain RM-25 tkR'YFan#y17 s U}"A,mex�cnatsxsan Cty lirds � ;. N 4ghfi ay#312 West of County Road M is primed,not conslrvcled at it»s lan& r arywom�aa Cc,ar=wcw Up dated ltvaiph ordinance A32-20D4 l r--n y co"—da Ort enonoe k33.2001(BFI AoM on)spWoved.Wx trot shown on this rnap eddson .9h.,Cm,w+ M Date:DOCOM ar 31,2004 '. rR'llwat serve:cb�w o - wwun..srswnq•...tir"a...ror Bluff Addition Land Use Map L�-L�d t' ' _ , NIE Dell Road -' 1 { u} I � v a �` � < qr � £Y v� r•. r -y�y~ s g.�'& t��° :.3f .� kpjp. �,#,, ''�''- icy"" ?b�s �ik.,F`",� �`-.. ,...,�••, ^n''. -�a�.,. i y�- ti �Y !g Flying Cloud Drive{212) i r t E-1 Low Density Residential 0.2.5 UnimAcre Regionel Commercial - Principal Arterial Low DensityiPublirlOpen Sparc Parwopt Space -^ A Knor Arlerial ( Medium Density residential 2.5-10 Units,Acre F771 Pubiiriduasi•Public ---- 6 Minor Arterial 1 j' Medium Density Residential C4tice ChurctU Cemeary Major Collector 1 High Density Residential 10-40 Unils,!ACre op(,,.r,Water --- - Minor Collector I i 1 I i office Right-Ol-`Nay iZo Ofce'Indusidai Metropolitan Urban Service Line;MUSA) ;r...... j'117 OtiicaPublidOpen-Space Greeks DATE aoaro.on oa-,aea DATE Relii"p:-9:OS Industrial Airport Boundary ^�Neighborhood Comrrrercial Community Commercial Approved Planning Commission Minutes from April 11,2005 MCCALL BLUFF(2005-12)by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres, Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres, and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road. Jeff McCall, 3920 Hillcrest Way, Deephaven, is the owner of the subject property at 9997 Dell Road. He stated he is asking for waivers in order to split the top of the bluff into two lots in exchange for dedicating the bottom half of the lot to the City and also adding a conservation easement. Mr. McCall illustrated his plan using the overhead projector. He stated that this plan is keeping with the Grootwassik subdivision,which was approved a year ago. Nelson asked Franzen to review the staff report. Franzen stated the philosophical discussion taking place is to decide if it is better to wait until sewer and water comes into the area before the subdivision takes place or does the City grant the waivers in order to obtain the land to preserve the bluff. Last year the Commission and Council did this debate with the Grootwassink subdivision and the thought was that if the City did grant the waivers and did get a considerable portion of land and dedication of conservation easements that the City could preserve the character and the look and feel of the bluff. The waivers in this current proposal are basically the same as the Grootwassink proposal. Franzen stated that the percent of land that is in easement and the amount that is in dedication are very consistent with the parcel that is over to the east. The staff recommends approval, including the waivers that are listed on the last page of the staff report. Kacher asked Franzen when the Commission had talked about this property previously. Franzen stated it was a year ago. Kacher stated that the reason he is asking if this was the same property or area that they talked about previously is that he is concerned with what the impact of that discussion would be on similar areas, and what would be the response of the City and also what potential problems would that create. Franzen stated that it would have to be looked at in a very similar manner. He stated that if the City states that a fair trade is to grant waivers in exchange for dedication of land, it should not matter whether that land is a bluff, lake, creek or wetland; as long as it is something that our City deems to be an important physical feature for the City. Kacher asked what would be the potential impact for sewer and water in that area. Franzen stated that if would be some time out before the City gets sewer and water to this area. Gray stated that he could confirm Franzen's observation that the City is some distance away from providing utilities around Dell Road and Turnbull Road. The time frame for Dell Road would be 4-10 years,unless something comes along to accelerate that. He stated it is very expensive to bring sewer and water to those areas. Nelson opened up the meeting for public input. Mike Brandvold, 5382 Mason Points, civil engineer for the project, said that he just wanted to thank the City for their time and support in regards to this project. J h' PP g P J Robert Grootwassink, 15382 Mason Pointe, had some questions in regards to the lot that is to be subdivided. He asked how many feet each lot was going to be and what would the setbacks be that would be next to his property, and finally what type of houses would be built. Mr. McCall stated that the lot is 85 feet wide, and the side setbacks are 15 feet on each side to allow a 55 foot wide home. He stated that the home would be a higher end home; a 5,000 to 6,000 square foot home with a three car garage. Mr. Grootwassink stated that he is opposed to an 85 foot lot because it is much narrower than the other lots in the area. Mr.McCall stated that on the 5 acres there is an existing home that the present lot is 225 feet across the bluffs and to subdivide this lot, they came up with an 85 foot lot. Nelson asked if the lot was 1.25 acres. Mr.McCall confirmed that it was. Nelson asked the Commission members if the land should be subdivided now or when sewer and water are available and does the City benefit from granting the waivers. Are the trees and slopes best protected with this two lot subdivision. She also reaffirmed that there is an outlot A on the bluff which would be donated to the City. Kacher stated that the City does have a right to bring in sewer and water to the area. He stated that in this particular case there have been exceptions in that area and that the builder has the logical rational for asking for the waiver. Kacher would also like to see this issue resolved between the builder and the neighbor. Sutherland asked Franzen about the item under PUD waivers on the first page of the staff report, stating that the property could be developed when sewer and water is available in the future and no waivers would be required. Sutherland asked that when it said, "no waivers", does that include the entire list of waivers that appear above that in the staff report. Franzen said yes, and that the property would be rezoned to the normal single family zoning district. Sutherland asked what the setbacks would be on that and Franzen responded by stating it would be a 10 foot minimum and a 25 foot combined. Koenig stated to Franzen that the City is getting a substantial amount of land with the proposal and asked if it would be advantageous for the City to work with the developer before sewer and water is put in. Franzen stated that it is a good deal for the City and he doubts in the future if the City would end up with the same amount of land protected through dedication and conservation easements. Stoltz stated that it was a good project but asked Mr. McCall if he had talked with both neighbors one on one. Mr. McCall stated that he did not speak with Mr. Grootwassink. Stoltz stated he would like to see this proposal put on hold until Mr.McCall can speak with Mr. Grootwassink. Seymour stated that this project would be good for the City. Sutherland stated that he also thinks this is a good project, but agrees with Stoltz that Mr. McCall should speak with Mr. Grootwassink. Koenig stated that the neighbors should agree with the project before it moves forward. Kacher asked Mr. Grootwassink if he was comfortable moving ahead with the project. Mr. Grootwassink stated he did not agree with putting a home on an 85 foot lot. Mr. Grootwassink asked the Staff to explain the notice about the walking trail and the bike path. Fox responded by stating that they sent letters up to the Riley Creek Corridor and that this would not affect Mr.Grootwassink's property. Franzen asked Mr. Grootwassink if he was asking for a change in the conservation easement on his lot. Mr. Grootwassink responded yes. Franzen explained to the commission that an action to change the conditions of a previous agreement requires a public hearing and cannot be acted on at this meeting. Mr. Grootwassink stated he was comfortable moving ahead with the McCall project. MOTION by Sutherland, seconded by Koenig, to close the public hearing. Motion carried 7-0. MOTION by Sutherland, seconded by Koenig, to approve a request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit development District Review with waivers on 4.89 acres;Zoning District Amendment in the Rural Zoning District on 4.89 acres;and Preliminary Plat of 4.89 acres into 2 lots, based on plans dated April 8, 2005, subject to the recommendations of the staff report dated April 8, 2005,to the City Council. Motion carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 17,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims IX. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 140770 - 141203 Wire Transfers 2240-2245 Background Information Attachments City of Eden Prairie Council Check Register 5/17/2005 Check# Amount Vendor/Explanation Account Description Business Unit 2240 14,584 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2241 10,220 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2242 15,776 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2243 74,539 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2244 27,906 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2245 139,122 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 140775 2,820 AFFORDABLE KIOSKS Miscellaneous Information Technology 140776 1,578 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 140777 122 BINO,SUSAN Operating Supplies Red Hat 140778 27 BREDOW,VERNETT Operating Supplies Red Hat 140779 31 CULLIGAN-METRO Other Contracted Services Outdoor Center 140780 77 DAHL,GAYLE Operating Supplies Red Hat 140781 31 DEGENSTEIN,RUTH Operating Supplies Red Hat 140782 64 DOLLERSCHELL,JOHN Operating Supplies Senior Board 140783 193 ESBENSEN,GEORGE Operating Supplies Fire 140784 545 HENNEPIN COUNTY TREASURER Licenses&Taxes Pool Maintenance 140785 103 KRESS,CARLA Mileage&Parking Senior Center Administration 140786 19 KRIVESTI,CAROL Operating Supplies Senior Board 140787 33 MENARDS Operating Supplies Park Maintenance 140788 64 MICHAELSON,LIZ Operating Supplies Special Initiatives 140789 25 MINNESOTA CHAPTER IAAI-J SCHAD Dues&Subscriptions Fire 140790 45 MRPA Conference Expense Recreation Administration 140791 217 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 140792 554 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 140793 42 PAULSEN,CAROLE Operating Supplies Senior Board 140794 297 PELTIER,JAMES Operating Supplies Fire 140795 400 PETTY CASH Postage City Council 140796 77 PETTY CASH-EPCC Mileage&Parking Community Center Admin 140797 344 PITNEY BOWES INC Other Rentals General 140798 117 QUICKSILVER EXPRESS COURIER Postage Communication Services 140799 234 QWEST Telephone Water Utility-General 140800 90 RODENZ,SANDRA K Operating Supplies Winter Theatre 140801 21 RUMFORD,JOAN Postage Senior Center Administration 140802 37 SCHUG,DIANA Operating Supplies Red Hat 140803 17 STEINER,SHARON Operating Supplies Red Hat 140804 18,648 THANE HAWKINS POLAR CHEVROLET Autos Park&Recreation 140805 25 USTA Dues&Subscriptions Tennis 140806 840 WEBER,GREG Tuition Reimbursement/School In Service Training 140807 97 WERTS,SANDY Mileage&Parking Arts 140808 25 WILS Dues&Subscriptions Parks Administration 140809 84 XCEL ENERGY Electric Traffic Signals 140810 120 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Police 140811 1,624 BENIEK PROPERTY SERVICES INC. Contract Svcs-Snow Removal Den Bldg.-CAM 140812 150 BOLD,PAULINE Instructor Service Outdoor Center 140813 110 BROOKLYN PARK POLICE DEPARTMEN Tuition Reimbursement/School Police 140814 120 CAMPOS,LORI Instructor Service Outdoor Center 140815 90 CINGULAR WIRELESS Pager&Cell Phone Police 140816 308 CRAGUNS Tuition Reimbursement/School Police 140817 96 D G HAVEL EXCAVATING Road Weight Restrictions General Fund 140818 64 DAPEN CONTRACTING COMPANY Road Weight Restrictions General Fund 140819 269 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 140820 188 DIETHELM,LOUIS Travel Expense Police 140821 43 DOCKTER,HEIDI Events/Admission Fee Ice Show 140822 10,318 ELAN FINANCIAL SERVICES Travel Expense City Council 140823 79 ELEMENT K JOURNALS Dues&Subscriptions Engineering 140824 75 ENGELMANN,TRACEY Other Contracted Services Liquor Compliance 140825 1,326 ESBENSEN,GEORGE Clothing&Uniforms Fire 140826 304 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 140827 132 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 140828 2,333 G&L INVESTMENTS LLC Deposits Escrow 140829 39 GINA MARIAS INC Operating Supplies Reserves Check# Amount Vendor/Explanation Account Description Business Unit 140830 228 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 140831 2,290 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 140832 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning 140833 190 HENNEPIN COUNTY TREASURER Operating Supplies Planning 140834 5,863 HENNEPIN COUNTY TREASURER Board of Prisoner Police 140835 2,064 HENNEPIN VILLAGE LIMITED PARTN Deposits Escrow 140836 322 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 140837 1,380 IND SCHOOL DIST 272 Other Rentals Outdoor Center 140838 50 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 140839 436 ITS A KEEPER Other Contracted Services City Council 140840 91 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 140841 405 KENNEDY,ROXANNE Clothing&Uniforms Ice Show 140842 164 KRESS,CARLA Operating Supplies Senior Board 140843 2,516 LANDFORM Deposits Escrow 140844 200 LARKIN EMERGENCY PREPAREDNESS Tuition Reimbursement/School Police 140846 117 MCGINTY-VANSICKLE,PATTI Investigation Travel Police 140847 1,023 METRO SALES INCORPORATED* Other Rentals General 140848 84 MILLARD,CHRIS Tuition Reimbursement/School Police 140849 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 140850 102 MINNESOTA OFFICE OF JUSTICE PR Tuition Reimbursement/School Police 140851 17 MINNESOTA STATEWIDE 9-1-1 PROG Other Contracted Services Police 140852 10,881 MINNESOTA UC FUND Unemployment Compensation Employee Benefits 140853 237 MOTOROLA Equipment Repair&Maint Wireless Communication 140854 235 NASW-MN Conference Expense Housing,Trans,&Human Sery 140855 713 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Spring Skill Development 140856 6,500 PROP Other Contracted Services Housing,Trans,&Human Sery 140857 330 QWEST Telephone Sew er Liftstation 140858 100 RESERVE OFFICER TRAINING ASSOC Dues&Subscriptions Police 140859 1,241 RICHFIELD,CITY OF Autos Park&Recreation 140860 111 ROBERTS COMPANY INC Other Contracted Services City Manager 140861 1,000 ROTH,ANDREW J. Instructor Service Outdoor Center 140862 1,152 ROTTLUND CO Deposits Escrow 140863 5,400 RUMPCA CO INC Waste Disposal Tree Removal 140864 6,406 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 140865 158 ST.LOUIS PARK,CITY OF Tuition Reimbursement/School Police 140866 1,866 US POSTMASTER-HOPKINS Postage Water Accounting 140867 109 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 140868 1,029 VIDEO SERVICE OF AMERICA Operating Supplies Police 140869 32 WALCH,MARIE Lessons&Classes Pool Lessons 140870 50 WILS Dues&Subscriptions Parks Administration 140871 24,663 XCEL ENERGY Electric Community Center Maintenance 140872 182 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 140873 97 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 140874 60 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 140875 3,565 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 140876 4,771 DAY DISTRIBUTING Beer Prairie Village Liquor Store 140877 911 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 140878 10,338 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 140879 300 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 140880 820 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 140881 436 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 140882 11,274 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 140884 17,245 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 140885 9,388 MARK VII Beer Prairie Village Liquor Store 140886 676 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 140887 336 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 140888 3,153 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 140889 7,098 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 140890 700 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 140891 1,762 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 140892 12,836 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 140893 295 SPECIALTY WINES AND BEVERAGES Wine Domestic Den Road Liquor Store 140894 15,329 THORPE DISTRIBUTING Beer Den Road Liquor Store 140895 84 TRI COUNTY BEVERAGE&SUPPLY Misc Taxable Den Road Liquor Store 140896 904 WINE COMPANY,THE Wine Domestic Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 140897 1,818 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 140898 1,783 BFI WASTE SERVICES Deposits Escrow 140899 103 CENTERPOINT ENERGY Gas Crestwood Park 140900 1,767 DAVE PATTERSON PROPERTY Deposits Escrow 140901 72 IMATION IMAX THEATRE Special Event Fees Trips 140902 494 ITS A KEEPER Other Contracted Services City Manager 140903 5,000 KMSP Deposits Escrow 140904 31,233 LOGIS LOGIS Information Technology 140905 119 LOTUS LAWN&GARDEN Landscape Materials/Supp Reforestation 140906 161 MENARDS Repair&Maint.Supplies Storm Drainage 140907 1,927 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 140908 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 140909 46 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 140910 1,246 ON THE LEVEL INC Deposits Escrow 140911 199 PARK NICOLLET CLINIC Other Contracted Services Risk Management 140912 40 PETSMART Canine Supplies Police 140913 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 140914 17 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 140915 29 RICHFIELD,CITY OF Operating Supplies Fleet Services 140916 64 W GORDON SMITH COMPANY,THE Motor Fuels Fleet Services 140917 300 BENTON COUNTY SHERIFF'S DEPART Deposits Escrow 140918 671 BUCA Special Event Fees Classes/Programs/Events 140919 68 BURTON EQUIPMENT INC Supplies-General Building City Center Operations 140920 270 CALIFORNIA CONCRETE LLC Other Contracted Services Park Acquisition&Development 140921 130 CAMPOS,LORI Instructor Service Outdoor Center 140922 136 D'AMICO AND SONS Conference Expense Planning&Development 140923 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 140924 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Community Development 140925 207 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Parks Administration 140926 233 G&K SERVICES Clothing&Uniforms Fleet Services 140927 56 GALL,BETSY Program Fee Afternoon Playground 140928 70 GMITERKO,GREG Open Fees Ice Arena 140929 336 GREATAMERICA LEASING CORP. Other Rentals General 140930 100 HEDLUND,NICK Refunds Environmental Education 140931 125 JACOBUS,RANEE Program Fee Athletics 140932 4,185 KMC TELECOM Telephone Telephone 140933 119 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Utility-General 140934 42 LAB SAFETY SUPPLY INC Operating Supplies Park Maintenance 140935 60 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 140936 731 OFFICE DEPOT CREDIT PLAN Operating Supplies Information Technology 140937 7 OLSON,SUSAN Program Fee Spring Skill Development 140938 100 OTTERNESS,RON Instructor Service Outdoor Center 140939 2,557 QWEST Telephone Miller Park 140940 737 SNAP-ON TOOLS Small Tools Water Treatment Plant 140941 2,706 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 140942 12 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 140943 286 TIME WARNER CABLE Dues&Subscriptions City Council 140944 5 UPS Postage Water Utility-General 140945 150 US POSTMASTER-HOPKINS Postage Water Utility-General 140946 120,803 XCEL ENERGY Electric Emergency Preparedness 140947 142 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 140948 161 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 140949 68 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 140950 6,738 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 140951 7,279 DAY DISTRIBUTING Beer Prairie View Liquor Store 140952 1,775 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 140953 15,081 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 140954 300 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 140955 2,481 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 140956 9,712 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 140957 1,504 HOHENSTEINS INC Beer Prairie Village Liquor Store 140959 37,678 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 140960 6,967 MARK VII Beer Prairie View Liquor Store 140961 346 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 140962 181 MORAN USA,LLC Misc Taxable Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 140963 445 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 140964 7,625 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 140965 17,905 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 140966 162 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 140967 4,163 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 140968 10,242 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 140969 81 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 140970 14,438 THORPE DISTRIBUTING Beer Den Road Liquor Store 140971 1,332 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 140972 5,594 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 140973 446 WINE SOURCE INTERNATIONAL Wine Domestic Den Road Liquor Store 140974 3,616 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 140975 4 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 140976 50 BARTZ,STEVEN Refunds Environmental Education 140977 150 BEST,MIKE Other Contracted Services Assessing 140978 100 BRYNE,CAROLYN Refunds Environmental Education 140979 48 CRON,SUE Operating Supplies Ice Show 140980 100 CRUMP,ELLEN Refunds Environmental Education 140981 150 DUOOS,BRIAN Other Contracted Services Assessing 140982 388 GE CAPITAL Other Rentals General 140983 997 GIRARD'S BUSINESS SOLUTIONS IN Equipment Repair&Maint General 140984 100 HANNA,LYLE E Refunds Environmental Education 140985 9,800 HENNEPIN COUNTY COURT ADMINIST Right of Way&Easement Improvement Projects 1996 140986 93,337 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes Den Road Building 140987 1,093 KINKO'S Printing WaterUtility-General 140988 91 KRAEMER,KEVIN Operating Supplies Ice Show 140989 100 KUSKE,LARRY Refunds Environmental Education 140990 100 LINDER,LISA Refunds Environmental Education 140991 150 MALAM,DOUG Other Contracted Services Assessing 140992 359 MERLINS ACE HARDWARE Operating Supplies Community Center Maintenance 140993 604 METRO SALES INCORPORATED* Other Rentals General 140994 38,759 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 140995 83 MICHAELSON,LIZ Operating Supplies Cummins House Special Events 140996 240 MINNESOTA BUREAU OF CRIMINAL A Operating Supplies Fire 140997 50 MINNESOTA DEPT OF LABOR AND IN Operating Supplies Fire 140998 616 MINNESOTA DEPT OF REVENUE Waste Disposal Park Maintenance 140999 5,056 MINNESOTA STATE TREASURER Building Surcharge General Fund 141000 199 MINNESOTA VALLEY ELECTRIC COOP Electric Douglas More House 141001 4,474 MINNESOTA VALLEY WHOLESALE Landscape Materials/Supp Improvement Projects 1996 141002 100 NELSON,STEVEN P Refunds Environmental Education 141003 150 O'CONNOR,ANNETTE Other Contracted Services Assessing 141004 150 PIDCOCK,PATRICIA Other Contracted Services Assessing 141005 41 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 141006 89 QUICKSILVER EXPRESS COURIER Postage Fire 141007 169 QWEST Telephone Prairie Village Liquor Store 141008 100 REED,SCOTT&SALLY Refunds Environmental Education 141009 64 SOCIETY OF WETLAND SCIENTISTS Dues&Subscriptions Environmental Education 141010 79 ST.LOUIS PARK,CITY OF Conference Expense Parks Administration 141011 17 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 141012 100 TRIMBO,LAUREL Refunds Environmental Education 141013 2,301 XCEL ENERGY Electric Traffic Signals 141014 80 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 141015 41 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 141016 275 ACTION PLUS SPORTSWEAR Operating Supplies Girls on the Run 141017 352 ACTIVE NETWORK INC,THE Office Supplies Community Center Admin 141018 684 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 141019 753 ALEX AIR APPARATUS INC Repair&Maint.Supplies Fire 141020 2,307 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 141021 52,985 AMERICAN LIBERTY CONSTRUCTION Building 9 Park Acquisition&Development 141022 100 AMERICAN RED CROSS Recreation Supplies Pool Lessons 141023 295 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 141024 389 ANCHOR PAPER COMPANY Printing Youth Programs Administration 141025 2,762 ANCHOR PRINTING COMPANY Printing Senior Center Administration 141026 198 ANDERBERG,CRAIG W. Other Contracted Services Softball 141027 470 AQUA LOGIC INC Other Contracted Services Pool Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 141028 3,561 ASSOCIATED WELL DRILLERS INC Building Repair&Maint. Outdoor Center 141029 13,881 AUDIOVISUAL INC Cable TV Communication Services 141030 71 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 141031 362 AUTOMATED ENTRANCE PRODUCTS IN Contract Svcs-Security City Hall-CAM 141032 528 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 141033 381 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena Maintenance 141034 1,803 BENIEK PROPERTY SERVICES INC. Contract Svcs-Lawn Maint. Fire Station#5 141035 84 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 141036 220 BEST&FLANAGAN LLP Other Contracted Services Rehab 141037 8,977 BLOOMINGTON SECURITY SOLUTIONS Office Supplies Park Maintenance 141038 740 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 141039 192 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 141040 8,867 BRAUER AND ASSOCIATES LTD Design&Engineering Park Acquisition&Development 141041 456 BROADWAY AWARDS Operating Supplies Reserves 141042 435 BROWN TRAFFIC PRODUCTS Capital Under$2,000 Fleet Services 141043 1,663 CARDIAC SCIENCE INC Capital Under$2,000 Fire Fighters Fund 141044 548 CARTEGRAPH SYSTEMS INC Software Maintenance Information Technology 141045 35 CAWLEY COMPANY,THE Printing Communication Services 141046 2,726 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 141047 1,080 CIT Conference Expense Information Technology 141048 279 CITIES EDGE Equipment Parts Fleet Services 141049 557 CLAREYS INC Safety Supplies Sewer Utility-General 141050 636 COMMVAULT SYSTEMS,INC. Software Information Technology 141051 297 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Water System Maintenance 141052 457 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 141053 6,493 CONTROL ASSEMBLIES CO Machinery&Equipment Water Treatment Plant 141054 1,012 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 141055 487 COPY EQUIPMENT INC Operating Supplies Pads Maintenance 141056 1,976 CORPORATE EXPRESS Office Supplies General 141057 71 CROWN MARKING INC Other Contracted Services City Council 141058 47 CUSTOMER CONTACT SERVICES Other Contracted Services Water Treatment Plant 141059 5,640 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 141060 1,049 CY'S UNIFORMS Clothing&Uniforms Fire 141061 82 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 141062 180 DARTNELL CORPORATION,THE Dues&Subscriptions Water Utility-General 141063 2,652 DELANO ERICKSON ARCHITECTS Building Park Acquisition&Development 141064 134 DELEGARD TOOL CO Small Tools Fleet Services 141065 14,999 DELL Computers Capital Impr./Maint.Fund 141066 175 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 141067 479 DITCH WITCH OF MINNESOTA INC Other Rentals Street Maintenance 141068 2,952 DIVERSE BUILDING MAINTENANCE Other Contracted Services Water Treatment Plant 141069 760 DNR SCREEN PRINTING INC Awards Volleyball 141070 8,387 DRT TRANSPORT Other Contracted Services Lime Sludge 141071 345 DUDA PLUMBING SERVICE INC Other Contracted Services Water Meter Repair 141072 57 EAGLE DRY GOODS Clothing&Uniforms Den Road Liquor Store 141073 4,412 EARL F ANDERSEN INC Signs Traffic Signs 141074 2,114 EDELMANN&ASSOCIATES,INC. Equipment Parts Water Treatment Plant 141075 120 EDEN PRAIRIE CHAMBER OF COMMER Conference Expense City Council 141076 703 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting 141077 37 ELVIN SAFETY SUPPLY INC Operating Supplies Fire 141078 4,648 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 141079 858 ENERGY MANAGEMENT INC Supplies-HVAC City Hall-CAM 141080 18 ESCHELON TELECOM INC Other Contracted Services Telephone 141081 1,305 ESS BROTHERS&SONS Repair&Maint.Supplies Storm Drainage 141082 915 FABYANSKE,WESTRA,HART&THOM Design&Engineering Improvement Projects 1996 141083 223 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 141084 176 FALCK,TIMOTHY R Other Contracted Services Softball 141085 23 FASTENAL COMPANY Equipment Parts Fleet Services 141086 200 FERRELLGAS Motor Fuels Ice Arena Maintenance 141087 260 FERRELLGAS Motor Fuels Fleet Services 141088 32 FLAIR FOUNTAINS 02 Repair&Maint.Supplies Park Maintenance 141089 36 FRONTIER PRECISION INC Operating Supplies Engineering 141090 170 G&K SERVICES Clothing&Uniforms Fleet Services 141091 1,633 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Pads Maintenance 141092 1,257 GALLS INC Operating Supplies Police Check# Amount Vendor/Explanation Account Description Business Unit 141093 1,725 GARTNER REFRIGERATION&MFG IN Other Contracted Services Ice Arena Maintenance 141094 63 GERTENS Operating Supplies Street Maintenance 141095 22 GINA MARIAS INC Operating Supplies Fire 141096 125 GLEWWE DOORS INC Building Repair&Maint. Water Well#13 141097 4,440 GOLDADE DITCHING INC Other Contracted Services Street Lighting 141098 153 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 141099 1,496 GRAINGER Repair&Maint.Supplies Fire Station#1 141100 53 GS DIRECT Operating Supplies Engineering 141101 1,171 HACH COMPANY Operating Supplies Water Treatment Plant 141102 198 HALL,DERRECK Other Contracted Services Softball 141103 154 HALLOCK CO INC Equipment Paris Fleet Services 141104 16,010 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund 141105 14,822 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 141106 14,517 HAWKINS WATER TREATMENT Equipment Parts Water Treatment Plant 141107 194 HENRY,PAUL Other Contracted Services Softball 141108 399 HERZIG,DAVID Operating Supplies Purgatory Creek Recreation Are 141109 1,112 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 141110 256 HOLMES,TOM Other Contracted Services Volleyball 141111 732 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 141112 661 ICERINK SUPPLY CO Other Contracted Services Ice Arena Maintenance 141113 405 IDEXX DISTRIBUTION CORP Operating Supplies Water System Maintenance 141114 2,655 IND SCHOOL DIST 272 Operating Supplies Police 141115 126 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 141116 1,415 INFRATECH Equipment Parts Sewer System Maintenance 141117 540 INITIALLY YOURS MONOGRAMMING Advertising Communication Services 141118 325 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 141119 221 ITASCA GREENHOUSE INC Landscape Materials/Supp Reforestation 141120 1,491 ITS A KEEPER Other Contracted Services City Manager 141121 2,660 LAKE COUNTRY DOOR Contract Svcs-General Bldg Fire Station#1 141122 1,337 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 141123 6,228 MAJESTIC LOG HOMES AND PRODUCT Building Capital Impr./Maint.Fund 141124 5,000 MARK A.OEHRLEIN APPRAISALS IN Other Contracted Services Economic Development 141125 603 MARKETING DISPLAYS INTERNATION Training Supplies Fire 141126 51 MARS CO Small Tools Fleet Services 141127 5,506 MAVO SYSTEMS Contract Svcs-Gen.Bldg City Center Operations 141128 230 MAXI-PRINT INC Printing Police 141129 1,385 MCCOMB GROUP LTD Other Contracted Services Den Road Building 141130 164 MCGRAW-HILL CONSTRUCTION ENR Dues&Subscriptions Engineering 141132 662 MENARDS Operating Supplies Park Maintenance 141133 281 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 141134 167 METROPOLITAN FORD Equipment Parts Fleet Services 141135 108,554 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 141136 797 MIDWEST DESIGN CO Other Contracted Services Communication Services 141137 240 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Fire Station#2 141138 601 MINNESOTA GLOVE INC Safety Supplies Fleet Services 141139 135 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 141140 249 MN MAINTENANCE EQUIPMENT INC Equipment Paris Fleet Services 141141 657 MTI DISTRIBUTING INC Equipment Parts Fleet Services 141142 13,295 NATIONAL WATERWORKS Repair&Maint.Supplies Water Meter Repair 141143 399 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 141144 2,660 NORTHWEST BUSINESS SYSTEMS Contract Svcs-Security Fire Station#5 141145 321 NORTHWEST LASERS INC Equipment Parts Park Maintenance 141146 80 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 141147 142 OLSEN COMPANIES Small Tools Storm Drainage 141148 219 OSI BATTERIES INC Equipment Parts Fleet Services 141149 2,207 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Community Center Admin 141150 75 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology 141151 432 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police City Center 141152 170 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 141153 624 PREVENTION PLUS Office Supplies General 141154 136 PRINTERS SERVICE INC Other Contracted Services Ice Arena Maintenance 141155 1,712 PRO-PAC Operating Supplies Fire 141156 690 PUBLIC SAFETY EQUIPMENT LLC Equipment Repair&Maint Police 141157 265 PUSH PEDAL PULL Repair&Maint.Supplies Fitness Center 141158 1,025 RAY,LEE Other Contracted Services Basketball Check# Amount Vendor/Explanation Account Description Business Unit 141159 34 REAL GEM Other Contracted Services City Manager 141160 1,467 REED BUSINESS INFORMATION Legal Notices Publishing Utility Improvement Fund 141161 23,395 RELIAKOR SERVICES Sweeping Storm Drainage 141162 17,766 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 141163 125 ROOT 0 MATIC Other Contracted Services Park Maintenance 141164 168 SANTJER,JESSICA Other Contracted Services Volleyball 141165 917 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 141166 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 141167 14,454 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 141168 60 SHRED-IT Waste Disposal City Center Operations 141169 667 SIMPLEXGRINNELL LP Contract Svcs-Fire/Life/Safe Community Center Maintenance 141170 670 SNAP-ON TOOLS Small Tools Fleet Services 141171 232 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 141172 1,552 SPS COMPANIES Repair&Maint.Supplies Water Treatment Plant 141173 5,292 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 141174 147 ST.LOUIS PARK,CITY OF Conference Expense Information Technology 141175 498 STRAND MANUFACTURING CO INC Repair&Maint.Supplies Water Treatment Plant 141177 10,875 STREICHERS Capital Under$2,000 Fleet Services 141178 104 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Services 141179 998 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Public Works/Parks 141180 1,174 SUN NEWSPAPERS Legal Notices Publishing City Clerk 141181 660 SWEDLUND SEPTIC Waste Disposal Outdoor Center 141182 2,974 TAHER INC CATERING Other Contracted Services City Clerk 141183 290 TAPES PLUS ADVERTISING Advertising Prairie Village Liquor Store 141184 714 TESSCO Capital Under$2,000 Fleet Services 141185 1,282 TESSMAN SEED CO Chemicals Park Maintenance 141186 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 141187 2,452 TRUCK UTILITIES MFG CO Capital Under$2,000 Street Maintenance 141188 280 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 141189 246 TWIN CITY OXYGEN CO Supplies-General Bldg General Facilities 141190 251 UNIFORMS UNLIMITED Clothing&Uniforms Fire 141191 511 UNITED LABORATORIES Safety Supplies Water System Maintenance 141192 2,237 UNITED RENTALS Machinery&Equipment Storm Drainage 141193 336 UNITED RENTALS(NORTH AMERICA) Contract Svcs-General Bldg Community Center Maintenance 141194 286 UNITED RENTALS HIGHWAY TECHNOL Other Rentals Water System Maintenance 141195 1,474 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 141196 5 WATER SPECIALTY OF MN INC Repair&Maint.Supplies Pool Maintenance 141197 1,087 WATSON CO INC,THE Merchandise for Resale Concessions 141198 987 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Ice Arena Maintenance 141199 45 WIGLEY,GRIFFIN J. Software Information Technology 141200 2,956 WILLIAMS ARCHITECTS Other Contracted Services Planning&Development 141201 1,621 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 141202 26,950 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM 141203 325 ZIEBART OF MINNESOTA INC Capital Under$2,000 Fleet Services 1,543,718 Grand Total City of Eden Prairie Council Check Summary 5/17/2005 Division Amount General 32,988 100 City Manager 2,295 101 Legislative 7,030 110 City Clerk 3,559 111 Customer Service 8,222 112 Human Resources 235 113 Communication Services 9,906 114 Benefits&Training 12,064 115 Risk Management 204 116 Facilities 62,606 117 City Center 90,682 130 Assessing 750 131 Finance 580 132 Social Services 13,141 133 Community Development 385 135 Information Technology 45,116 136 Wireless Communication 468 137 Economic Development 5,057 150 Park Administration 3,424 151 Park Maintenance 21,030 153 Athletic Programs 4,834 154 Community Center 6,012 156 Youth Programs 1,326 157 Special Events 639 158 Senior Center 2,718 159 Recreation Administration 1,467 160 Therapeutic Recreation 87 162 Arts 241 163 Outdoor Center 2,880 180 Police 17,005 183 Civil Defense 152 184 Fire 11,583 185 Animal Control 740 186 Inspections 567 200 Engineering 590 201 Street Maintenance 12,604 202 Street Lighting 110,492 203 Fleet Services 27,204 204 Equipment Revolving 19,888 301 CDBG 258 303 Cemetary Operation 182 304 Senior Board 884 310 Fire Fighters Fund 1,672 314 Liquor Compliance 75 315 Economic Development 149 502 Park Development 64,774 503 Utility Improvement 13,432 506 Improvment Bonds 1996 36,523 507 Construction Fund 4,658 509 CIP Fund 37,899 511 Construction Fund 107,792 601 Prairie Village Liquor 72,295 602 Den Road Liquor 119,847 603 Prairie View Liquor 72,649 605 Den Road Building 21,924 701 Water Fund 97,816 702 Sewer Fund 6,624 703 Storm Drainage Fund 30,033 803 Escrow Fund 18,161 806 SAC Agency Fund 39,150 807 Benefits Fund 256,151 Report Totals 1,543,718 CITY COUNCIL AGENDA DATE: SECTION: Report of Director of Parks and Recreation May 17,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director Concepts for Winter Recreation Area XIV.D.1. Parks&Recreation Requested Action Move to: Accept Concept C as the preferred concept from the plans developed for a winter recreation .area and to terminate any further spending on the planning for the feasibility of any of these concepts at this time. Synopsis The Parks, Recreation and Natural Resources Commission reviewed the concepts developed for winter recreation areas at their May 2 meeting. Although the Commission members believed that Concept C, developing a winter recreation area at Staring Lake Park that would enhance the sliding hill and the cross-country ski trails at that facility, would be nice to have, the cost is clearly far beyond what anyone on the Commission had anticipated and is not something that would be considered a high priority today. The Commission recommended tabling any further discussion on this concept at this time and to terminate any further spending on the planning for the feasibility of any of these concepts. Background The original request for determining the feasibility of a winter recreation area initiated from a request by the Eden Prairie Hockey Association to consider studying the feasibility of creating an outdoor winter recreation area in order to develop additional refrigerated hockey rinks and to encourage people to enjoy the out of doors during the long winter months in Minnesota. The first phase of the service was to provide two concept plans for each site and request the city to determine a preferred concept plan prior to developing operational costs and projected revenues for that preferred plan. The city staff support Concept C as the best option of the plans provided, because it enhances the other winter recreation facilities at Staring Lake Park,including the sliding hill and the cross-country ski trails. Staff notes that with a covered rink, the city would get much more use of the refrigerated hockey rink and would have a large covered park shelter for groups of 200 or more that could reserve the facility during summer months. Furthermore, with this covered facility located near the amphitheatre there would be an opportunity to move any scheduled amphitheatre programs under the shelter in case of inclement weather. City staff concurs with the Parks, Recreation and Natural Resources Commission that the winter recreation area would not be as high a priority as the other items being considered for a referendum this year, and should be tabled at this time. Concepts for Winter Recreation Area May 17,2005 Page 2 Attachments May 2, 2005 Memorandum to the Parks,Recreation and Natural Resources Commission Winter Recreation Area Concept Design Descriptions and Comparisons Concept Design A—Round Lake Park Concept Design B—Round Lake Park Concept Design C—Staring Lake Park Concept Design D—Staring Lake Park To: Parks,Recreation and Natural Resources Commission M From: Robert A. Lambert,Director of Parks and Recreation Date: May 2, 2005 Subject: Concepts for Winter Recreation Area Requested Action Move to: Recommend further consideration of Option C as the preferred concept and to obtain estimated operating costs and revenues from this proposal. Synopsis Attached to this memorandum is a report from Ingraham and Associates providing two concept plans for Round Lake Park and two concept plans for Staring Lake Park with a written description of each project, a comparison of the concept plans and a preliminary cost estimates for each concept. Staff is requesting the Parks, Recreation and Natural Resources Commission to review these concepts and make a recommendation to the City Council on which concept the consultants should spend additional time developing projected operation costs and projected revenues Background In January the Eden Prairie Hockey Association requested the City Council consider studying the feasibility of creating an outdoor winter recreation area that may include two outdoor refrigerated hockey rinks,a large outdoor free skating rink,with music,a concession stand,and a plaza where people might enjoy watching skaters and listening to music.The concept would hopefully be able to serve other winter recreation facilities and would become a focal-point in the community during the winter months. The concept should also include how these facilities would be used during the remaining spring,summer and fall months. On March 1, the Council awarded the contract for those planning services to Ingraham and Associates to develop concept plans and costs estimates for construction and projected operating costs for a winter recreation area for Round Lake Park and Staring Lake Park. The first phase of this service is to provide two concept plans for each site and request the City to P P P q tY determine a preferred concept plan prior to developing operational costs and projected revenues for that preferred plan. Concepts for Winter Recreation Area May 2,2005 Page 2 Considerations Over the last twenty years,the outdoor skating season has been reduced from a mid-December to the first of March time period to hopefully now begin by the Christmas holidays and end by mid- February.The trend for use of all winter outdoor facilities is less and less use due to the availability of indoor ice rinks and the poor quality of outdoor ice compared to indoor ice. If these warmer winters continue to be the standard rather than a short-term weather pattern,the City may wish to consider investing in one or two outdoor refrigerated systems that accommodate more skaters in a single area and reduce the expenditures on natural ice rinks. Although staff believes it is probably premature to make that decision,it is a good idea to have plans available for accommodating those possible future needs. City staff support Concept C as it provides a more inclusive"winter recreation area"by adding to the facilities at the Staring Lake Sledding Hill and the cross-country trails within the park. It could also provide an alternative site for moving the concert programs under a roof during summer months when rain threatens to cancel these programs.It would also provide a large park shelter for large group rentals during spring,summer and fall seasons. The Round Lake design is more of an outdoor rink improvement option,and would provide less of a winter recreation opportunity to the majority of our citizens. A representative from Ingraham and Associates will be in attendance at the May 2 Parks,Recreation and Natural Resources Commission meeting to answer questions regarding the concept planning process to date.Staff will also invite the President of the Hockey Association to be in attendance for this discussion. Attachments Winter Recreation Area Concept Design Descriptions and Comparisons Concept Design A-Round Lake Park Concept Design B-Round Lake Park Concept Design C-Staring Lake Park Concept Design D-Staring Lake Park G:\Brenda\Letter&Memos\Iambert 2005kMemo\Concepts for Winter Recreation Areadoc Winter Recreation Area Concept Plans—Round Lake Park and Staring Lake Park Eden Prairie, Minnesota Commission Action: The Parks Commission is asked to review and comment on concept plans prepared for a potential winter recreation area at Round Lake Park and Staring Lake Park. Introduction: The plans are being prepared to determine whether or not a Winter Recreation Area is feasible in Eden Prairie. There is a current lack of quality outdoor Hockey and free skating rinks in the Eden. Prairie area. Adding these refrigerated rinks and free skating areas will be a valuable asset to the people of Eden Prairie throughout the unpredictable winter months. The Writer Recreation Area concepts will have refrigerated ice rinks for hockey and free skating; trails for winter hikes, snowshoeing, and cross country skiing; a heated building to house team rooms, restrooms, concessions, and a cozy place to warm up; also an outdoor patio for visitors to rest,watch skaters, and sip hot chocolate. Round Lake Park is located in northern Eden Prairie at Valley View Road and Eden Prairie Road. Staring Lake Park is located at Staring Lake Parkway and Pioneer Trail just north of Flying Cloud Airport. Winter Recreation Area Facility Program The concept plans show the following facilities: Outdoor: o Full size(200'x85')refrigerated hockey rink(s)w/boards and glass o Optional roof structure o Refrigerated free skating area/loop o Patio o Fireplace/pit o Connection to existing trails o Expanded parking lots o Driveway for plows and Zamboni Indoor: o Four team rooms per hockey rink w/restrooms and storage rooms o Seating/warm up area o Restrooms—men's,women's and family o Concessions o Zamboni storage room o Refrigeration equipment/maintenance room o Foyer o Ticketing/reception area o Mechanical room In all the plans there are direct connections between the team rooms and the hockey rinks;the outdoor patio and the free skating rink;the Zamboni storage and the hockey rinks;the refrigeration equipment storage room and the ice rinks. All plans will have circulation for winter snow plowing, and ice resurfacing. All plans will be ADA accessible. The standard sidewalk width will be eight feet unless otherwise noted. Entrance walks will be 12 feet wide. The standard roadway and parking lane width will be 24 feet. Winter Recreation Area Concept Plans 5/5/2005 Eden Prairie, MN Ingraham &Associates Inc. Description of the Park Sites and Concept Plans: Round Lake Park The winter recreation area concepts at Round Lake Park are located at the current site of the two hockey rinks and the park shelter building(south eastern corner of Round Lake). It was felt that the current ice rink site is the most feasible location in the park. Other locations in Round Lake Park were considered, but they were rejected due to impact upon other existing recreation facilities or upon trees, slopes, etc. Two concept plans were prepared for the Round Lake park site. The concepts at Round Lake Park would have a greater appeal to hockey rather than a general recreation activities center. The concepts have two hockey rinks and a smaller free skating rink. Concept A This concept will have two full sized refrigerated hockey rinks(200'x85'), and a refrigerated free skating area (90'x150'). The refrigeration surface area is 52,000 square feet and will concrete surface,which will be able to accept the weight of a truck and plow. The hard surface will add the benefit of summer recreational use, such as roller hockey, rollerblading,and skateboarding. Each of the rinks(3)will be on separate piping systems so one or two rinks may be shut down concentrating all the refrigeration one rink,thus allowing it to be operational further into the spring season. An island will be constructed within the free skating area making the area feel like a natural skating pond. Deciduous trees and ornamental grasses should be planted in this island. The building footprint layout will minimize the amount of wasted space and tree removals by separating each set of rooms into a separate square building. This separation will also reinforce the architectural style(pyramidal roofs)of the existing park buildings at Round Lake Park.The existing warming facility will stay at its current location and act as the main building housing: public restrooms, concessions,warming/seating area,entrance foyer, and an existing patio off the northwest wall. The team rooms will be split into pairs creating four 38'x38'buildings. A hallway will connect them. Each set of team room will have a rest room and storage room. The Zamboni and refrigeration will be housed in the far west building and directly connected to the ice. A wall will separate the refrigeration and Zamboni rooms. A snow melt pit,water heater,and workbench will be installed in the Zamboni room. Parking will be increased from 186 summer parking spaces(154 winter spaces)to 225 providing adequate parking for each facility during both the winter and summer seasons. If the parking were to be kept as is, it would allow for only 154 parking spaces for four facilities requiring approximately 40 parking spaces each at full operational capacity. This would be acceptable but 82 of the 154 parking spaces are more than 600 feet from the warming buildings. An increase from 154 to 225 is recommended. This would put 143 parking spaces within acceptable walking distance. An evergreen shade belt is recommended on the west,south,and eastern portions of the rinks. This will strengthen the ice quality and provide a longer, more constant outdoor skating season, as well as providing a light barrier between the rinks and the residential houses to the south. Concept B Two full sized refrigerated hockey rinks(200'x85')will be used in this concept. The hockey rinks will be in the same location as they are currently with a 100'gap between them. Within the 100' gap are two new square buildings each housing four team rooms. The architectural style will reflect that of the existing park buildings at round lake park with pyramidal roofs. The northern building will have the Zamboni and refrigeration equipment rooms and the entrance foyer/reception area. The southern building will have the indoor warming area, indoor/outdoor fireplace,and concessions booth. This building will then have a patio off of the south wall feeding to the refrigerated free skating loop. The free skating loop will have a length of 460'with the Minter Recreation Area Concept Plans 5/5/2005 Eden Prairie, MN 2 Ingraham&Associates Inc. average width of 26'. This loop could be used in the summer for rollerblading, hard court games or even remote control car races. In the center island there will be ornamental trees and grasses planted for scenic beauty. The existing warming building will be converted into a picnic shelter with great views to Round Lake and the beach. The combined refrigerated area is 49,880 square feet. As in Concept A, each of the three rinks will be on a separate piping system for the reasons previously stated. The parking situation will be the same as in Concept A above. Parking is increased from 186 summer parking spots(154 winter spaces)to 225. An evergreen shade belt is recommended on the west, south, and eastern portions of the rinks. This will strengthen the ice quality and provide a longer, more constant outdoor skating season, as well as providing a light barrier between the rinks and the residential houses to the south. Staring Lake Park There are two potential winter recreation area sites at Staring Lake Park. Concept plan C shows renovation of the parking area and loop skating area located at the top of the sliding Hill. Concept Plan D shows a winter recreation area at the site of the current softball field/lacrosse field located south of the bocce ball courts. The sites at staring lake are best suited for a more recreational activities center rather than a hockey center. One hockey rink and a larger free skating rink will be used. Plus,the tone of Staring Lake Park is already that of a winter recreation area; it currently has a great sledding hill and cross-country ski trails. Concept C Concept C will utilize the area at the top of the existing sledding hill for the new building and refrigerated ice rinks. One full size refrigerated hockey rink will be used for this site. This will leave room for a larger skating loop and less congestion throughout the site. The refrigerated free skating loop will be 680 feet per lap with an average width of 28 feet. Both rinks will be concrete and on separate refrigeration systems for reasons previously stated for Concept A. An island will be in the middle of the free skating loop with deciduous trees and ornamental grasses. The total refrigerated rink area is 44,485 square feet. The building location is over the existing building footprint to take advantages of the views and the nearby sledding hill. The building would have to be in a north-south elongated position to be close to the hockey rink,the drop off loop and the sledding hill. Inside the building will be four team rooms with a restroom and storage room for each, men's,women's and family restrooms, foyer/reception area,warming/seating area with an indoor/outdoor fireplace, concessions, refrigeration equipment storage room, and a Zamboni storage room. On the north and east walls there will be a covered deck with great views to the sledding hill and Staring Lake. The north side of the building will also link to the existing start of the cross country ski trail that goes around Staring Lake. A 1,100 square foot outdoor patio will be on the east side of the building connecting to the free skating loop. This patio could have propane heaters and benches to relax and sip hot chocolate. The parking will have to be updated to accommodate a drop off loop with a 160 foot turning radius. The parking numbers will essentially be a wash. Parking will go from 218 to 220 stalls. The parking needs for the winter facilities are 200 stalls and for summer is 220. Extensions to the east of the existing large lot will need to be made;this will displace many smaller trees. The trees should be transplanted to the center islands and perimeter of the lots. North of the large parking lot are rows of trees. The trees are great. They create a very nice axis to walk through. It is recommended to continue planting trees along this axis in a straight line. Currently the trees are not at a mature enough scale to really appreciate the form that they create. In ten to twenty Winter Recreation Area Concept Plans 5/5/2005 Eden Prairie, MN 3 Ingraham &Associates Inc. years, the trees will be large enough for the branches to extend over the walking plane to create a very beautiful atmosphere, especially during concerts. The sand volleyball court currently located east of the basketball court should be relocated to the west of the tennis court. This will make room for the hockey rink and drop off loop without disturbing the tennis and basketball courts. A new eight foot bituminous trail will be constructed to connect with the existing trail to the north of the tennis and basketball courts. An evergreen shade belt is recommended on the west, south,and eastern portions of the rinks. This will strengthen the ice quality and provide a longer, more constant outdoor skating season, as well as providing a wind barrier between the park facilities and the large open expanse of the airport to the south. Concept D Concept D is the simplest out of all of the concepts. There will be one full sized refrigerated hockey rink(200'x85')and a large refrigerated free skating rink with three islands for a wooded pond look. Above the hockey rink would be an optional roof structure for extra shade into the spring season. Both of the rinks will be on separate refrigeration systems for the reasons previously stated for Concept A. The total refrigerated area for both rinks is 46,800 square feet. The building will sit in the infield of the existing Ballfield to the east of the large parking lot. The building will house the warming/seating area, indoor/outdoor fireplace,concessions booth, men's, women's and family restrooms,the Zamboni and refrigeration equipment storage rooms,and the entrance foyer. Also located in the building will be four team rooms with a restroom and storage room for each. Along the east and north walls,there will be a half covered patio for summer picnicking and winter warming/seating. This patio will be directly connected to the free skating rink. From the patio,there will be good views of Staring Lake. The parking will remain the same as the current configuration. The addition of a concrete walkway on the east side of the lot along with a 12 foot ADA accessible entrance walk will bring people into the building. By widening the existing trail just north of the Ballfield to 12 feet and creating an entrance to the ice,trucks and plows will be able to access the rinks. Evergreen trees will be added around the east, south and the western boarders of the ice rinks. Also, evergreen trees will be added to the slope between the large parking lot and the building. As mentioned previously for Concept C, deciduous trees, matching those of the existing trees, shall be planted along the existing axis north of the large parking lot. Trees should also be planted to continually fill in gaps around the parking lots and in the medians. These trees will provide shade for cars and decrease the amount of heat given off from the parking lot pavement. An evergreen shade belt is recommended on the west, south,and eastern portions of the rinks. This will strengthen the ice quality and provide a longer, more constant outdoor skating season, as well as providing a wind barrier between the park facilities and the large open expanse of the airport to the south. Winter Recreation Area Concept Plans 5/5/2005 Eden Prairie, MN 4 Ingraham&Associates Inc. Concept Plan Comparison Concept Major Facilities Use of Existing Buildings Ri f Site Compatibility Building,parking expansion, Reuse of park building as Good, loss of tree A hockey rinks,free skating area, warming shelter and 2 canopy with parking seating area concessions expansion Building,parking expansion, Reuse of park building as a 3/4 Good,loss of tree B hockey rinks,free skating area, open-walled picnic shelter 2 canopy with parking seating area expansion Building, parking expansion, Redesign of parking new drop-off loop, hockey rink, Existing building t top of to accommodate a C large free skating loop,seating sledding hill will a demolished 1 drop-off loop, area,connection to existing relocation of sand trails volleyball court Building,hockey rink, large free g Good, loss of D skating area,seating area, Existingbuilding use will not 1 ballfield/lacrosse connection to existing trails change field,parking remains the same Concept Summer Use Access and Desired Parking Cost Circulation Parking Roller hockey, RC car Good access, non- 143 w/in 300' A races, rollerblading, through street 140 w/in 300' 225 w/in 600' picnicking Roller hockey, RC car Good access, non- 144 w/in 300' B races, rollerblading, through street,very close 141 w/in 300' 225 w/in 600' picnicking to Ballfield#1 Roller hockey, RC car Good access,good C races,rollerblading, circulation, relocation of 220 220 skateboard park, trail to tennis and picnicking basketball courts Roller hockey, RC car Good access,good D races,rollerblading, circulation,ADA 218 220 skateboard park, accessible ramp to picnicking building at top of hill Winter Recreation Area Concept Plans 5/5/2005 Eden Prairie, MN 5 Ingraham &Associates Inc. Preliminary Cost Estimates The following cost estimates are preliminary. They have a 15%contingency rate and a 20% design fee rate. The largest portion of the total cost is the warming shelter/building. Note that the canopy over a rink is an optional feature. Eden Prairie Winter Recreation Area Concept Planning-Concept A 4/25/2005 Description Subtotal DEMOLITION/REMOVALS $ 16,400.00 UTILITIES $ 81,800.00 SITE GRADING $ 9,400.00 SITE PAVING/SURFACING $ 201,300.00 BUILDINGS $1,200,000.00 OPTIONAL CANOPY OVER RINK $1,031,000.00 REFRIGERATION EQUIPMENT $ 700,000.00 REFRIGERATED SLABS $ 676,000.00 ZAMBONI $ 90,000.00 RINK ACCESSORIES $ 20,000.00 PLANTING $ '30,600.00 WALLS S STRUCTURES $ 4,800.00 SITE LIGHTING/FURNISHINGS $ 288,900.00 Subtotal $4,349,200.00 15%contingency $ 652,380.00 Design Fees(20%) $ 869,840.00 TOTAL $5,871,420.00 Cost Range $5,220,000 to$5,870,000 Winter Recreation Area Concept Plans 5/5/2005 Eden Prairie, MN 6 Ingraham&Associates Inc. Eden Prairie Winter Recreation Area Concept Planning-Concept B 4/25/2005 Description Subtotal DEMOLITION/REMOVALS $ 16,400.00 UTILITIES $ 81,800.00 SITE GRADING $ 9,400.00 SITE PAVING/SURFACING $ 199,200.00 BUILDINGS $1,250,000.00 OPTIONAL CANOPY OVER RINK $1,031,000.00 REFRIGERATION EQUIPMENT $ 700,000.00 REFRIGERATED SLABS $ 648,400.00 ZAMBONI $ 90,000.00 RINK ACCESSORIES $ 20,000.00 PLANTING $ 38,000.00 WALLS&STRUCTURES NA SITE LIGHTING/FURNISHINGS $ 288,900.00 Subtotal $4,372,100.00 15%contingency $ 655,815.00 Design Fees(20%) $ 874,420.00 TOTAL $5,902,335.00 Cost Range $5,247,000 to$5,902,000 Winter Recreation Area Concept Plans 5/5/2005 Eden Prairie, MN 7 Ingraham&Associates Inc. Eden Prairie Winter Recreation Area Concept Planning-Concept C 4/25/2005 Description Subtotal DEMOLITION/REMOVALS $ 24,200.00 UTILITIES $ 116,800.00 SITE GRADING $ 7,900.00 SITE PAVING/SURFACING $ 247,100.00 BUILDINGS $ 900,000.00 OPTIONAL CANOPY OVER RINK $1,031,000.00 REFRIGERATION EQUIPMENT $ 500,000.00 REFRIGERATED SLABS $ 578,300.00 ZAMBONI $ 90,000.00 RINK ACCESSORIES $ 15,000.00 PLANTING $ 49,800.00 WALLS&STRUCTURES $ 4,800.00 SITE LIGHTING/FURNISHINGS $ 198,900.00 Subtotal $3,763,800.00 15% contingency $ 564,570.00 Design Fees(20%) $ 752,760.00 TOTAL $5,081,130.00 Cost Range $4,516,000 to$5,081,000 Winter Recreation Area Concept Plans 5/5/2005 Eden Prairie, MN 8 Ingraham &Associates Inc. Eden Prairie Winter Recreation Area Concept Planning-Concept D 4/25/2006 Description Subtotal DEMOLITION/REMOVALS $ 6,000.00 UTILITIES $ 116,800.00 SITE GRADING $ 8,800.00 SITE PAVING/SURFACING $ 75,300.00 BUILDINGS $ 900,000.00 OPTIONAL CANOPY OVER RINK $1,031,000.00 REFRIGERATION EQUIPMENT $ 600,000.00 REFRIGERATED SLABS $ 608,400.00 ZAMBONI $ 90,000.00 RINK ACCESSORIES $ 15,000.00 PLANTING $ 41,200.00 WALLS&STRUCTURES NA SITE LIGHTING/FURNISHINGS $ 111,600.00 Subtotal $3,504,000.00 15%contingency $ 525,600.00 Design Fees(20%) $ 700,800.00 TOTAL $4,730,400.00 Cost Range $4,204,000 to$4,730,000 Winter Recreation Area Concept Plans 515/2005 Eden Prairie, MN 9 Ingraham &Associates Inc. Preliminary Operational Cost Estimates I r,; cost .Y ,<. arc;rrt ;z Operational costs are hard to accurately determine for an outdoor ice sheet given the fluctuation in the weather. However,a facility of this type would have a 5 month annual utility bill of around$40,000 to$50,000 for concepts A and B and$30,000 to$35,000 for concepts C and D. Facility rental and concession revenue would off-set some maintenance costs. Winter Recreation Area Concept Plans 5/5/2005 Eden Prairie, MN 10 Ingraham&Associates Inc. 10 EXISTING PARKING-LOT 82 qT' STALLS-600'FROM BUILDING NEW PARKING LOT-143 STALLS O3 EXISTING BUILDING € ®EXISTING PATIO k O5 NEW PATIO WITH SEAT WALL AND BENCHES-PROPANE HEATERS-550 S.F TREFRIGERATED FREE SKATING RINK- UMMER AND WINTER USES-APPROX. W 12,000 S.F. F c g (7>TEAM ROOMS 1 AND 2-RESTROOMS ND STORAGE ROOMS * a o TEAM ROOMS 3 AND 4-RESTROOMS AND STORAGE ROOMS (9�TEAM ROOMS 5 AND 6-RESTROOMS ND STORAGE ROOMS 10 TEAM ROOMS 7 AND 8-RESTROOMS KEY y AND STORAGE ROOMS 11 ZAMBONI ROOM(25'X20')AND Proposed Trees 3. REFRIGERATION EQUIPMENT STORAGE (25'X24') ` REFRIGERATED HOCKEY RINK 1 Existing Nearby Trees E ( 00'X85')CONCRETE BASE '^ 13 REFRIGERATED HOCKEY RINK 2 New Walkways R e F ( 00'X85')CONCRETE BASE Existing Walking Trail 14 EVERGREEN SHADE BELT-WINTER COLOR * Existing Ski Trail k Boundary for Rink Slab Proposed Road Round Lake Park Eden Prairie,Mn Concept A 225 Total Parking Stalls 0 ioo, 250' Soo, April 25,2005 EXISTING PARKING LOT-82 (\ STALLS-600'FROM BUILDING k NEW PARKING LOT-143 STALLS EXISTING BUILDING CONVERT O A SUMMER PICNIC SHELTER ®EXISTING PATIO TNEW PATIO WITH SEAT WALL AND ENCHES-PROPANE HEATERS-1800 S.F t 6 REFRIGERATED FREE SKATING LOOP- r UMMER AND WINTER USES e 7 TEAM ROOMS 1 AND 2-RESTROOMS A AND STORAGE ROOMS TEAM ROOMS 3 AND 4-RESTROOMS Y AND STORAGE ROOMS QTEAM ROOMS 5 AND 6-RESTROOMS ND STORAGE ROOMS 10 TEAM ROOMS 7 AND ND STORAGE ROOMS 8 RESTROOMS KEY �� 11 ZAMBONI ROOM(30'X20')AND REFRIGERATION EQUIPMENT STORAGE Proposed Trees I (30'X24') 0 REFRIGERATED HOCKEY RINK 1 Existing Nearby Trees r (200'X85')CONCRETE BASE 913 REFRIGERATED HOCKEY RINK 2 New Walkway 10 0'X85')CONCRETE BASE 1®EVERGREEN SHADE BELT-WINTER Existing Walking Trail COLOR 1©WARMING/SEATING AREA W/ Existing Ski Trail INDOOR/OUTDOOR FIREPLACE v A Boundary for Rink Slab Proposed Road Round Lake Park Eden Prairie,Mn Concept B 225 Total Parking Stalls o 100, 250' 500' April 25,2005 1OREMOVE OR RELOCATE HORSESHOE PITS O2 REFRIGERATION STORAGE AREA 25'X24' (3)OUTDOOR COVERED DECK WITH VIEWS TO SLEDDING HILL AND STARING LAKE nINDOOR WARMING/SEATING AREA Wl rs `F' 1Me+4♦ SJCiAiR NDOOR/OUTDOOR FIREPLACE OOUTDOOR PATIO FOR RESTING AND VIEWING FREE SKATING AREA-1100 S.F. nTEAM ROOMS 1 AND 2-RESTROOMS AND STORAGE ROOMS ()TEAM ROOMS 3 AND 4-RESTROOMS AND a STORAGE ROOMS �� r� � -^ �• t (�)680'REFRIGERATED FREE SKATING LOOP W/CENTER ISLAND QCONTINUE PLANTINGS AND CONTINUE `ALLEE OF TREES-RELOCATE EXISTING SMALL TREES TO APPROPRIATE LOCATIONS j # 10 DROP OFF LOOP 1 s 11 RELOCATE SAND VOLLEYBALL 12 EXISTING TENNIS COURT KEYS ; 13 EXISTING BASKETBALL AND HARD OURT Proposed Trees 104 REFRIGERATED HOCKEY RINK 200'X85' CONCRETE BASE Existing Nearby Trees ly �,. o15 NEW LINK TO TENNIS AND BASKETBALL COURTS-8'BIT OMINOUS New Walkway 16 EVERGREEN SHADE BELT-WINTER ';€• COLOR 1 NEW PARKING-40 SPACES Existing Walking Trail 18 NEW PARKING-36 SPACES I Existing Ski Trail ZAMBONI STORAGE ROOM 25'X20' 2 EXISTING PARKING-144 SPACES Boundary for Rink Slab Proposed Road Staring Lake Park Eden Prairie,Mn Concept C 220 Total Parking Stalls 0 100• 250• Soo, April 25,2005 i 141 (1�12'DRIVEWAY FROM PARKING LOT TO FREE $ � KATING LOOP FOR PLOW TRUCKS 2 ADD CONCRETE SIDEWALK AND ADA % o �.yy ACCESSIBLE ENTRANCE WALK TO BUILDING �, 03 INDOOR WARMING/SEATING AREA W/ CONCESSIONS AND INDOOR/OUTDOOR FIREPLACE (1 OUTDOOR 112 COVERED PATIO W/SEATING ND PROPANE HEAT N^ O5 MEN'S,WOMEN'S AND FAMILY RESTROOMS REFRIGERATION EQUIPMENT STORAGE ' `ROOM-25'X24' . ZAMBONI STORAGE ROOM-25'X20' Y� n TEAM ROOMS 1 AND 2-RESTROOMS AND TORAGE ROOMS w a n9 TEAM ROOMS 3 AND 4-RESTROOMS AND TORAGE ROOMS < �+ a 10 ADD MORE EVERGREEN t X TREES TO SLOPE KEY ,,. 11 REFRIGERATED HOCKEY INK 200'X85'-CONCRETE BASE Proposed Trees W/OPTIONAL ROOF 12 REFRIGERATED FREE SKATING RINK-APPROX.30,000 Existing Nearby Trees S.F.-CONCRETE BASE 13 EVERGREEN SHADE BELT- New Walkway WINTER COLOR rR Existing Walking Trail Existing Ski Trail Boundry for Rink Slab Proposed Road Staring Lake Park Eden Prairie,Mn Concept D 218 Total Parking Stalls z o 100, 250' Soo, April 25,2005 CITY COUNCIL AGENDA DATE: SECTION: Report of Director of Parks and Recreation May 17,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director proposed Underpass of Highway 212 at XIV.D.2. Parks&Recreation Charlson Road Requested Action Move to: Approve the construction of the underpass of Highway 212 at Charlson Road and the trail connection to Riverview Road; and furthermore, to request a trail easement from the U.S. Fish and Wildlife Service and the Upgrala Hunt Club for a trail easement necessary to reach Riverview Road, and from the Hustad Development Company to provide a trail easement around the erosion problem on the east end of Riverview Road to complete the trail connection to Mooer Lane. Funding for the underpass and the trail are to come from park dedication fees. Synopsis The main trail connection to provide all residents of Eden Prairie with bicycle and pedestrian access to the Minnesota River Valley is the trail along Charlson Road, under Highway 212 and connecting to 'Riverview Road. Once the trail meets Riverview Road, pedestrians and bicyclists will be able to travel east to connect to the trail system along Mooer Lane and the future trail system along Riverview Road at the intersection of Riverview Road and Mooer Lane, as well as south-east through the James A. Brown Conservation Area and the trail section at Landing Road. The only other obstacle to this trail connection is a trail easement that will be required from the Hustad Development Company around the portion of Riverview Road that has caved into the Minnesota River. This trail loop will be the first loop trail connection allowing Eden Prairie residents access to the Minnesota River and the Minnesota River Valley. Although the trail system plan has always indicated the use of the existing cattle pass under Highway 212, the Department of Transportation officials have indicated that that underpass will be used for storm water and cannot be a shared use for pedestrians; therefore, a separate underpass will have to be constructed with the improvements to Highway 212 at the intersection of Charlson Road. The estimated cost for the underpass is project about $225,000. The cost for the eight-foot asphalt trail connection to Mooer Lane is about$200,000 to $250,000 depending on the costs for addressing the erosion. The funding source for this project,the underpass and the trail would be from park dedication fees. Concepts for Winter Recreation Area May 17, 2005 Page 2 Background The city's trail system plan has always depicted providing a public pedestrian and bicycle access to the Minnesota River Valley. When the U.S. Fish and Wildlife Service requested the City of Eden Prairie to approve their plan for the Minnesota Wildlife Refuge and Recreation Area the plan depicted this trail as the main trail access to the Minnesota River Valley. Other access points include a trail access at Purgatory Creek, a trail access through the James A. Brown Conservation Area, and a trail access at Indian Road with a Highway 212 crossing at the intersection of Spring Road and Highway 212 provided there is a signalized crossing at that point sometime in the future. Eden Prairie residents will only have limited access to the Minnesota River Valley within Eden Prairie until the two remaining property owners, Sever Peterson and Upgrala Hunt Club sell their property to the U.S. Fish and Wildlife Service. Until that time,the only access to the river valley and the Minnesota River will be the trail along Riverview Road and through the James A. Brown Conservation Area, as well as the future access along Purgatory Creek south of Riverview Road. The Minnesota River Valley and the Minnesota River are unquestionably the largest and most significant natural feature within the City of Eden Prairie. This river valley contains over six miles of river frontage and three lakes. A future trail along the Minnesota River would cross the Minnesota River at the Old Shakopee Bridge and provide access to the Department of Natural Resources trail along the south side of the Minnesota River that connects from Fort Snelling west to Jordon at this time, and will eventually extend west to the South Dakota border. The underpass at Charlson Road and Highway 212 is the only proposed grade separated crossing of roads or highways to this resource. The first step in providing this access is to authorize the funding for the underpass at Charlson Roa d and Highway 212 and to obtain a trail access from the U.S. Fish and Wildlife Service and the Upgrala Hunt Club and Hustad Development Corporation in order to have the land necessary to construct the trails for this loop trail system. If the trail easements can be obtained this year, staff would recommend construction of the Riverview Road trail loop next year. Attachments Park Property Map Highway 212 Underpass Trail Concept Plan Map `0�3 f 2 •5� .p.�A 5 �r5 � Jl'1 � t�i 'L �- � �� a° � r � .. ��-�'`''•'. �{�;�� #r s r�`.rr�,� NE.tVEf?%/ MD TEC N/Ci4s Park Property a Wr 4 Tf^ ]n "fig Existing and Proposed Trail M C _�? n 3� ry�f.yc \` �a ,>.fi _�• � sp s �d'�-t��`x"y,.- 'f ei�f,.P ;sE� p A/ '�. _ _,.� 4s. :,Zfi� k: ,�i \ l :,'c'z.5.1y 3�.T a P� s'r` 'fL x� 3.'L+'s ,ys 4.,• :Y -+ � .: ���r�` s rs �t r S�r L }'i:."�'.-Li 7. 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O ' -.: � �ls�� 4''?�P`3."lir � � % fix,• � s � c S I f FF2EDE IC Creek . l�,fiz 2 i ��,_ v •4..i -+Fj,�.�:„ �'anyx'5.-1'�� ... � a t' r r'1 .. r•`� 'q-~ �' ��-5' .,?:S�'{��-,�'f F�-tab`s.t��'r'�f ? '4 ,.K7 4... a>44y• vn �V�t3` it i�;p}�y ';�1� 5v ✓ ��Xr� ��'s�1T��,�t'A�'�yp Y .f'�'>„S �•+. :` I � '�?'�'�j�f�5•^.� J. mot' i.. C `+1t- �'4 s. +} .. _3"- - ? A f'- 13' � a��.>9r ����. 'h�i,•Yr - (.:7p! 'c`§r*�3,..-�4• I 1 3'•, b �'r'I' W'3F` '� _t• p J e s a NORTH rtu; � r k M L[ Highway 212 Underpass Trail Concept Plan CITY COUNCIL AGENDA DATE: SECTION: Report of Director of Public Works May 17, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #00-5508 ITEM NO.: Rodney W. Rue Award Contract for Technology Drive XIV.E.1. Public Works/Engineering and Mitchell Road Improvements Requested Action Move to: Adopt resolution awarding contract for I.C. 00-5508, Technology Drive and Mitchell Road Improvements to Park Construction, in the amount of $2,354,840.17. Synopsis Five bids were received for this project on Thursday,May 12,2005. The lowest bid, from Park Construction,was$2,354,840.17,which is 18%below the Engineer's Estimate of$2,861,828. Summary of bids is shown below: Park Construction $2,354,840.17 Bituminous Roadways $2,686,300.35 C.S. McCrossan $2,759,227.07 Midwest Asphalt $2,772,277.62 Eureka Construction $2,803,741.30 Background As described in their Developer's Agreement, ADC was required to construct several identified improvements on Technology Drive and at the intersection of Technology Drive and Mitchell Road. Following several amendments to the Developer's Agreement, ADC and the City of Eden Prairie negotiated for the City to construct the improvements and assess ADC for their share through a special assessment agreement rather than the approved Tax Abatement Agreement. At the April 12, 2005 City Council meeting, several approvals occurred, including: termination of the Tax Abatement Agreement, approval of the Fourth Amendment to the Developer's Agreement, approval of the Special Assessment Agreement, approval of a Professional Services Agreement with Landform, and approval of plans and specifications and ordering advertisement for bids. Attachments • Landform's Recommendation Letter/Summary of Bids • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- RESOLUTION ACCEPTING BID TECHNOLOGY DRIVE AND MITCHELL ROAD IlVIPROVEMENTS I.C.#00-5508 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 00-5508:Technology Drive and Mitchell Road Improvements Five bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids;and WHEREAS,the City Engineer recommends award of Contract to: Park Construction as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Park Construction in the name of the City of Eden Prairie in the amount of$2,354,840.17 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on May 17,2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director May 17, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC#02-5581 ITEM NO.: Leslie Stovring Award Contract for Preparation of a Public Works/Environmental Lake Management Plan for Round Lake XIV.E.2. Services Requested Action Move to: Award contract for Preparation of a Lake Management Plan for Round Lake in the amount of$13,700. Synopsis On April 261' the City Council requested staff to provide a summary of the studies and activities that have occurred at Round Lake and obtain a consultant proposal to review alternatives to treating the lake with alum. Attached is a brochure that was produced and distributed to property owners in the Round Lake watershed in 2004 that provides the history aspect of the request. The proposal from Blue Water Science will review alternatives to the alum solution proposed in the 1999 Use Attainability Analysis (UAA) by the Riley-Purgatory-Bluff Creek Watershed District (RBPCWD). Background Information In 2004 a Round Lake Neighborhood Notes flyer was distributed to residents within the Round Lake Watershed. The flyer outlined the major work efforts conducted for Round Lake since the 1940's. The flyer also included a coupon for purchase of non-phosphorus fertilizer at local businesses. The Neighborhood Notes flyers will be distributed to other lake watersheds over the next few years in an effort to provide residents with information regarding the work that is ongoing within their watershed as the Watershed Districts conduct the work proposed under their Use Attainability Analyses (UAAs). The Neighborhood Notes are a tool the City is using to further understanding by residents on how what they do in their backyard affects their local lake. A copy of the flyer is attached for review. RPBCWD completed the UAA for Round Lake in June 1999. The UAA included a number of recommendations for management of the lake. This included: • Upgrade three existing runoff detention ponds • Add one new detention pond • Treat runoff entering the lake with alum (aluminum sulfate) through construction of an alum treatment facility within Round Lake Park • Perform one in-lake treatment with alum • Manage the fishery(such as feeding and restocking with northern pikes) • Manage curly leaf pondweed The estimated cost for this scope of work was $902,100 in 1999 with ongoing maintenance costs of the alum treatment facility estimated as approximately $20,000 to $25,000. Removal and disposal of the alum treatment by-products from the pre-treatment pond on a regular basis would also be required. The bulk of this cost ($760,000) was for construction of the alum treatment facility. Round Lake is listed as an Impaired Water by the MPCA for mercury. None of the proposed alternatives would address this impairment. On September 3, 2002 the City Council approved a petition to upgrade three existing detention ponds and construct one new detention pond. The petition also included a request for construction of a new dock and restocking with northern pike, however this work has not been completed at this time. Work on the pond upgrades was completed in 2004. One new pond was added by the City within Round Lake Park in 2004 during construction of the Eden Prairie Road / Valley View Road intersection project. The City is currently contracting for harvesting of nuisance weeds and goose management. Blue Water Science has submitted a proposal to review Round Lake watershed and the lake data collected to develop a list of cost effective alternatives and proposed projects to help ensure long-term swimmability of Round Lake. The scope of work would include: • Review data collected for the UAA • Review data collected since 1999 by the City and RPBCWD • Collect data over summer 2005 for nuisance growth and goose population • Run watershed models based on the current data • Develop alternatives to improve water quality based on current information as well as current research in the field of lake management • Meet with staff to address project needs as well as permit requirements Management of nuisance weed growth, such as curly leaf pondweed and Eurasian watermilfoil, will be included in the Plan. It is anticipated that a draft report will be provided in October,2005 for review and approval by Staff with a final report due for Council review by December. The estimated cost for this scope of work is$13,700 and will be paid from the storm water utility fund. Attachments Attachment I—Round Lake Neighborhood Notes Attachment II-Blue Water Science Quote Attachment III -Blue Water Science Profiles Attachment IV—General Conditions en mmn 00, m v T aof 3 Lake Studies: History of Round Cake N1D mao , 0 The study of water quality in Round Lakes goes back more than 30 years The resultsXer O O N j used to help develop plans to manage and improve water quality in theTake, w =g � 1940's A culvert leading under the Chicago, St. Paul&Pacific RatlYdat3 fraek was blocked Part of the watershed contributing to the lake was cut on. d a b F z a 1956 The U.S.Fish and Wildlife Service stocked the lake with N s� NIK 1968 The City of Eden Prairie purchased land along Round Lake odelmIrlt�fti t t#y f park. The beach and swimming area were completed in 197b Round Lake 1972 Riley-Purgatory-Bluff Creek Watershed District (RPBCWDW can cDIIeC#tng cva# t Watershed quality data. 1972 Secchi disc depth(the depth to which you can see a black and �tS ur�lte + was 3.2 meters(10.5 feet)to 5.5 meters(16 feet)deep %f } ? N e i g h b o r h o o d 1975 Alga blooms becoming more common. Secchi disc depth was 2 4 teeters8 feet} 4 1976 Predominant species in the lake were bluegill sunfish(87%)#anti black Grapples Sun ' Notes fish and crappie prey on zooplankton,the primary control f©r,O Olootn 1977 Winter kill of fish occurred. Many dead bass and sunfish tg filed asltorO follgC+ttlg the spring thaw. 1979 RPBCWD released a series of Water Quality Managementtemm�ndat tts f��e a 5 lake,including restructuring of the fish population,restockitl"wl h large month as e " ma `s g adding settling ponds to the watershed and street sweeping eolt�l�deb�ts d sir a 1980 Rotenone (a fish toxicant) was used to treat the lake. The sake + sre�ou �iili sunfish,walleye,large mouth bass and rainbow trout. HoWeYer,#h6s, sh Cot .A' � f e c 5 returned to pre-treatment levels. Water clarity temporarily tmprdved but cke o ed to 3.0 meters(9.8 feet)in 1984. 1 �e 1985 Rotenone treatment repeated by the Dept.of Natural Resources m tlte�aland�t laic¢ v �y was restocked. Water clarity continued declining to 1 6 rrietetS( 'fees ui I�$7� Y The fishery management project was not repeated. r r 1988 Development of the lake's watershed is nearly complete The tt eSh �tS 444 acres. Most of the watershed is developed with single atntly homes � R W,14444 and parks and open space(212 acres). The remainder is metlt� highiitnst tti �� � _• � 'i ` ��� dential,roads and commercial. ��� � ` a a; 1992 Curly leaf pondweed(a non native undesirable plant)was id&ified"z 'djake dut�att� the City's annual aquatic vegetation survey. 1995 Eurasian water milfoil(anon native undesirable plant)was id6t&f 6d m the lake 1997 Secchi disc transparency was 1.5 meters about 4.9 feet). P Y ( 1999 RPBCWD Use Attainability Analysis(UAA)completed for RLak 2003 Water quality improvements begin. Work includes stormwater ponilupgra e $ additions to help filter and clean stormwater entering the lakem ' < F,•R r„ 2004 Round Lake Beach closed for the summer due to poor water,qualr and loty usa ,•,•• Neighborhood Notes Algae Bites What is a Watershed District? g Each pound of phosphorus entering a The Riley-Purgatory-Bluff Creek Water- lakecan yield 500 pounds of algae. Al- shed District (RPBCWD)works to protect (J Th�ttlilnd La1ce Neighborhood , ti gae is smelly, uses up oxygen, blocks water quality and help provide clean wa- ptt' b istributed to sunlight, crowds out other plants and ter for lakes and creeks within their wa the Round can be harmful to fish and wildlife. Re- tersheds. The collect data and prepare � a nn a Y P P t id you know moving algae can cost thousands of dol plans for lakes in the District. The 5 pLtr yard goes to lars! Results prove that the most effec- RPBCWD includes approximately 50 W ;ope that these { hi C1Cl"i BI^ PUr � tive solution starts with an individual square miles surrounding Riley, Purga t � S�bit5 Tali er your ques W commitment by each property owner to tory and Bluff Creeks. Eden Prairie is •'' { th ke and how eliminate use of phosphorus-containing one of 7 communities that are within the ""your help we b � r fertilizers! District. The plan for Round Lake was ; c �impw quality of completed in 1999.Work began in 2003. Ri�un� d i watershed. n r ertilizer — I What Can I do to Help? , Think"I can make a Difference"! Storm Q t�i5G't" What is Runoff? � ' d • s s you will Our lakes, ponds, wetlands, water does not go to a waste water treat- b- ards the pur forests, and rivers all depend on storm- ment facility, but right to your lake or A s-Free fertff- .' water or precipitation. However, when pond. You can help by: 'rt 1, 2004 fertil- rain falls it can wash away soil and • Use the coupon for fertilizer. S fr osphorus can- chemicals. This is called runoff. Pol- . Rake up your leaves. s in the Twin � luted runoff can contain oils, fertilizers . Clean up after pets. l , unless you fy (phosphorus), litter and pathogens (such . Don't feed the geese. Geese contribute r soil testing P p fecal waste to our lakes. 11: y C2G' as et waste). These pollutants are not ti phosphorus. removed prior to ending u m our ponds �< P g P P • Label your storm drains—call for a kit! i airie stopped or in Round Lake! All of these can dete • Don't wash wastes such as paints or t) fertilizer in riorate water quality in our lakes, ponds, m nw M, , pesticides down the storm drains. ». wetlands and creeks. ! , t e 1990 . Use biodegradable soaps when wash- ing up outside. 550 South SnellingAve 651.690.9602 (fax) 690.9602 St. Paul, MN 55116 mccomas@pclink.com QUOTE Lake Management Plan for Round Lake Submitted by: Steve McComas, Blue Water Science, April 22, 2005 Objective Based on a review of the Round Lake watershed and lake data, all appropriate watershed and lake projects will be evaluated. The goal is to develop a list of cost effective projects that will insure long- term swimmability of Round Lake. Tasks • Review all existing information available on Round Lake. • Prepare a lake management program that addresses maintenance,protection, and improvement projects. Includes project descriptions,responsible parties,and costs. • Incorporate the aquatic plant management program into the overall lake management program. • Meet with city staff and state agency personnel to address project needs as well as rules and regs and any permits that would be needed. Use of Available Data Watershed modeling has been completed. We will review the model but are not assuming we will re-run or re-do watershed models. However we will run several new lake model scenarios. Schedule and Timeline Report preparation would start immediately upon authorization to proceed and continue through the a summer. The draft report would be due in October and the final report would be due 21 days after comments have been received on the draft. Deliverables A status report delivered in July and draft report delivered in October. Final report will include conceptional design of watershed projects and detailed design for lake projects. Costs Data review(4 days),prepare project options and write report(7 days), editing(1.5 days), and final draft editing (0.5 days): 13 days Field work: map nuisance growth of curlyleaf pondweed and later in the summer,Eurasian watermilfoil. Track goose numbers over the summer: 2 days Meetings:meeting attendance,follow-up: 2 days Subtotal: 1 day= 8 hrs x$90/hr=$720/day x 17 days=$12,240 Data processing,word processing, graphics: 20 hrs @$40/hr=$800 Publication costs (up to 25 copies): photography,boat rental, and misc: $660 Subtotal: $1,460 General Conditions All work and products produced by Blue Water Science will be in accordance with the City of Eden Prairie General Conditions Consultant Agreement(dated: February 2001). Total Quote: $13,700 Thank you, Steve McComas BLUE WATER SCIENCE 550 South Snelling Avenue Saint Paul, Minnesota .55116 phone/)c : 651.690.9602 email. mccomas(&�pclink.com Blue Water Science Profile "Science and engineering for water quality improvement" Blue Water Science, is a two-person consulting firm in St. Paul, Minnesota. Steve McComas is the owner and has been working on lakes and streams for 20 years, specializing in lake management and lake restoration projects with an emphasis on innovative solutions to lake-related challenges. Blue Water Science has conducted over 300 lake-related projects and reports in the last 20 years. Lake management/lake restoration projects have occurred throughout the midwest. We have experience with lake and watershed monitoring, data analysis and implementing or recommending techniques to enhance shoreland conditions, control algal blooms, control aquatic plants, and improve sport fishing. a Steve McComas of Blue Water Science conducts ` monitoringprograms, shoreland inventories P g aquatic plant surveys, and more. Then lake _ improvement and protection programs are formulated. We supply ideas for managing aquatic plants which can be a key to a good long term lake quality. }fit, Steve McComas of Blue Water Science has .' experience working on remediation projects. _ ��.. An alum application is an example of a project used to remediate lakes with excessive phosphorus release from bottom sediments. B L U E WATER SC I E N C E r Steve McComas brings over 20 years of aquatic ecology experience to wetlands, n f lakes, and estuaries. Native aquatic plants are valuable for lakes. Mechanical harvesting is one management option for exotic nuisance aquatic plant growth. However we have another 30 or so options that could work as well. Steve has written two books on lake management. The latest has over 400 lake improvement ideas. �y !. I Sce what i new ' tuw•ws<:elatwac a lakn.hn 1—d ro fnthecw:iFrdieinn Pbl— si rh {rn tttndarrn _ .- Y � Il t fcraWAhilg axlahanrm n. - n r � xI t+ ads-on{niormor:on you -.. i Put fe { di MtY 5. t eoF.rtp llinA,,Wl,nd m,a .r•a,+; +'0'� r. ,: [nntr:nu at Ynmdas npYrKnk?r;fm t4.Jh- i me ns wk dag'—s Lewis Publrshens ���� r and prtcc YM>rr t s�: CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or 1.1 City will provide to Consultant all known information interference,and upon request of Consultant,to provide a suitable regarding existing and proposed conditions of the site or which workplace. affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, 2.6 City will be responsible for locating and identifying all surveys, known hazardous waste or conditions, previous subterranean structures and utilities. Consultant will take laboratory analysis results,written reports,soil boring logs and reasonable precautions to avoid damage or injury to subterranean applicable regulatory site response(Project Information). structures and utilities identified and located by City and/or representatives of Utility Companies. 1.2 City will transmit to Consultant any additions,updates,or revisions to the Project Information as it becomes available to SECTION 3: SAMPLES City,its subcontractors or consultants. Not Applicable 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or SECTION 4: FEE PAYMENT/CLAIMS coordinate work or Project Information as requested by Consultant. 4.1 Consultant will submit invoices to City monthly,and a final invoice upon completion of work. Invoices will show charges 1.4 Consultant will not be liable for any decision,conclusion, based on the current Consultant Fee Schedule or other documents recommendations, judgement or advice based on any as attached. inaccurate information furnished by City, or other subcontractors or consultants engaged by City. 4.2 To receive any payment on this Contract,the invoice or bill must include the following signed and dated statement: "I declare SECTION 2: SITE LOCATION,ACCESS,PERMITS, under penalty of perjury that this account,claim,or demand is just APPROVALS AND UTILITIES and correct and that no part of it has been paid." 2.1 City will indicate to Consultant the property lines of the 4.3 The balance stated on the invoice shall be deemed correct site and assume responsibility for accuracy of markers. unless City notifies Consultant,in writing,of the particular item that is alleged to be incorrect within ten(10)days from the invoice 2.2 City will provide for right-of-way for Consultant personnel date. Consultant will review the alleged incorrect item within ten and equipment necessary to perform the work. (10)days and either submits a corrected invoice or a statement indicating the original amount is correct. 2.3 City will be solely responsible for applying for and obtaining permits and approvals necessary for Consultant to 4.4 Payment is due upon receipt of invoice(or corrected invoice) perform the work. Consultant will assist City in applying for and is past due sixty(60) days from invoice date. On past due and obtaining such permits and approvals as needed. It is accounts,City will pay a finance charge of 1.5%per month on the understood that City authorizes Consultant to act as agent for unpaid balance,or the maximum allowed by law,whichever is City for City's responsibilities under this section including less,until invoice is fully paid. signing certain forms on City's behalf such as Right-of-Way forms. 4.5 If City fails to pay Consultant within sixty(60)days following invoice date, Consultant may deem the default a breach of its 2.4 While Consultant will take reasonable precautions to agreement,terminate the agreement,and be relieved of any and all minimize any damage to property,it is understood by City that duties under the agreement. City however,will not be relieved of in the normal course of the work some damage may occur. The Fee Payment responsibilities by the default or termination of the correction of any damage is the responsibility of City or, at agreement. City's direction,the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the 4.6 City will be solely responsible for applying for and obtaining above,Consultant agrees to be responsible for damage caused any applicable compensation fund reimbursements from various by Consultant's negligence. state and federal programs. Consultant may assist City in applying for or meeting notification requirements, however. City of Eden Prairie General Conditions Consultant Agreement February 2001 Page l of 4 Consultant makes no representations or guarantees as to what fund reimbursement City may receive. Consultant shall not be 6.3 If City institutes a suit against Consultant,which is dismissed, liable for any reductions from reimbursement programs made dropped,or for which judgement is rendered for Consultant,City for any reason by state or federal agencies,except as may be will pay Consultant for all costs of defense, including attorney caused by Consultant's negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject to 5.2 City agrees that all reports and other work furnished to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten(10)days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If,at the end of eight hours of mediation, drawings, logs and reports at cost, plus 15%, for data and the parties have not resolved the dispute,the parties may agree to materials not being provided as part of the scope of work for extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or to Agreement or the breach thereof, whereby the party or parties mislead others by omitting certain aspects contained in the asserting the same claims entitlement to damages or payment of report. less than$25,000.00 in aggregate may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of 5.5 Consultant will consider Project Information as confidential the American Arbitration Association then existing unless the and will not disclose to third parties information that it parties mutually agree otherwise. In the event any person shall acquires,uncovers,or generates in the course of performing the commence an action in any court for any claim arising out of or work, except as and to the extent Consultant may, in its sole relating to this Agreement or the breach thereof or the Project or discretion,deem itself required by law to disclose. construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such proceedings SECTION 6: DISPUTES/LIMITATIONS OF (unless the hearing on the claim has commenced) and elect to REMEDIES assert its claim in such action if such party could have done so but for the provisions of this Paragraph. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive, special or The parties agree to bear equal responsibility for the fees of AAA, consequential damages or damages for loss of business. including the arbitrator(s). Judgement upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction 6.2 City will pay all reasonable litigation or collection thereof. expenses including attorney fees that Consultant incurs in collecting any delinquent amount City owes under this In the event that arbitration services are not available from AAA, agreement. either party may request that an arbitrator be appointed by the City of Eden Prairie General Conditions Consultant Agreement February 2001 Page 2 of Fourth Judicial District Court. the written order of the Commissioner of Commerce permitting self insurance of Worker's Compensation Insurance coverage 6.5.3 Compliance provided to the City prior to execution of this agreement is current and in force and effect. The parties deem the dispute resolution procedure as set forth herein to be an integral and essential part of this Agreement. A 9.2 Consultant shall procure and maintain professional liability party's failure to comply in all respects with this procedure insurance for protection from claims arising out of professional shall be a substantial breach of this Agreement. The services caused by any negligent act,error or omission for which arbitrator(s)shall be authorized to assess costs and attorney's Consultant is legally liable. fees against a party that has failed to comply with the procedure in all respects,and,may as a condition precedent to 9.3 Certificate of insurance will be provided to City upon request. arbitration,require the parties to mediate in accordance with Section 6.5.1 hereof. SECTION 10: TERMINATION SECTION 7: STANDARD OF CARE 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.1 Consultant's opinions,conclusions,recommendations,and report, if any,will be prepared in accordance with the City's 10.2 If the agreement is terminated prior to completion of the Request for Proposal and Consultant's proposal and no project, Consultant will receive an equitable adjustment of warranties,representations,guarantees,or certifications will be compensation. made. Except that Consultant warrants that hardware and software will perform as represented in their proposal and other SECTION 11: ASSIGNMENT parts of this agreement. 11.1 Neither party may assign duties, rights or interests in the 7.2 Although data obtained from discrete sample locations will performance of the work without obtaining the prior written be used to infer conditions between sample locations no consent of the other party,which consent will not be unreasonably guarantee may be given that the inferred conditions exist withheld. because soil, surface and groundwater quality conditions between sample locations may vary significantly,and because SECTION 12: DELAYS conditions at the time of sample collection may also vary significantly with respect to soil, surface water and 12.1 If Consultant is delayed in performance due to any cause groundwater quality at any other given time and for other beyond its reasonable control,including but not limited to strikes, reasons beyond Consultant's control. riots,fires,acts of God,governmental actions,actions of a third party, or actions or inactions of City, the time for performance 7.3 Consultant will not be responsible or liable for the shall be extended by a period of time lost by reason of the delay. interpretation of its data or report by others. Consultant will be entitled to payment for its reasonable additional charges,if any,due to the delay. SECTION 8: GENERAL INDEMNIFICATION SECTION 13: EXTRA WORK 8.1 Consultant will indemnify and hold City harmless from and against demands, damages, and expenses caused by 13.1 Extra work,additional compensation for same,and extension Consultant's negligent acts and omissions, and breach of of time for completion shall be covered by written amendment to contract and those negligent acts,omissions,and breaches of this agreement prior to proceeding with any extra work or related persons for whom Consultant is legally responsible. City will expenditures. indemnify and hold Consultant harmless from and against demands, damages, and expenses caused by City's negligent SECTION 14: WITHHOLDING TAXES acts and omissions, and breach of contract and those acts, omissions, and breaches of persons for whom City is legally 14.1 No final payment shall be made to the Consultant until the responsible. Consultant has provided satisfactory evidence to the City that the Consultant and each of its subcontracts has complied with the SECTION 9: INSURANCE/WORKER'S provisions of Minn.Stat.290.92 relating to withholding of income COMPENSATION taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 9.1 Consultant represents and warrants that it has and will maintain during the performance of this agreement Worker's Compensation Insurance coverage required pursuant to Minn. SECTION 15: AUDITS Stat. 176.181,subd.2 and that the Certificate of Insurance or City of Eden Prairie General Conditions Consultant Agreement February 2001 Page 3 of 4 15.1 The books,records,documents and accounting procedures which are not fully expressed herein. and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and (6)years after the effective date of this Contract. Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subcontractor within ten (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)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 Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE 17.1 The Consultant shall at all times abide by Minn. Stat. 13.01 et seq.,the Minnesota Government Data Practices Act,to the extent the Act is applicable to data and documents in the possession of the Consultant. SECTION 18: DISCRIMINATION In performance of this contract, the Consultant 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 Consultant,any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will 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. SECTION 19: CONFLICTS No salaried officer or employee of the City and no member of the Board of the City 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. SECTION 20: ENTIRE AGREEMENT 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or understandings,oral or written between City and Consultant relating to the subject matter of this Agreement City of Eden Prairie General Conditions Consultant Agreement February 2001 Page 4 of 4