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City Council - 02/15/2005
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,FEBRUARY 15, 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 Lorene McWaters Heritage Room II I. HUMAN SERVICES IN EDEN PRAIRIE Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 15, 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 Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 1, 2005 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 1, 2005 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MAINTENANCE OUTDOOR STORAGE SITE (2004-30) by the City of Eden Prairie, 2nd Reading of the Ordinance for Zoning District Change from Rural to I- General on 17 acres. Location: 9955 Flying Cloud Drive (Ordinance for Zoning District Change) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDEN HEIGHTS ESTATES D. AWARD CONTRACT FOR 2005 WELL REHABILITATION PROGRAM TO E.H. RENNER& SONS, INC., I.C. 05-5641 E. APPROVE CHANGE ORDER#2 FOR CHARLSON AREA PHASE IV IMPROVEMENTS F. APPROVE ADDITIONAL DESIGN FEE FOR SRF CONSULTING GROUP, INC., FOR FINAL DESIGN OF TH 212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS, I.C. 01-5527 CITY COUNCIL AGENDA February 15,2005 Page 2 G. ADOPT RESOLUTION APPROVING CONSTRUCTION CONTRACT FOR TH 212 /PRAIRIE CENTER DRIVE INTERSECTION IMPROVMENTS, I.C. 01-5527 H. ADOPT RESOLUTION AUTHORIZING THE HEALTH AUTHORITY OF HENNEPIN COUNTY TO ENFORCE HENNEPIN COUNTY'S SMOKE- FREE ORDINANCE VII. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE INN POOL ADDITION (2005-4)by Eden Prairie Lodging, L.L.C. Request for Planned Unit Development Concept Review on 1.29 acres; Planned Unit Development District Review with waivers on 1.29 acres; Zoning District Amendment within the Highway Commercial District on 1.29 acres; Site Plan Review on 1.29 acres; and Preliminary Plat of 1.29 acres into 1 lot. Location: 11500 West 78th St. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, Resolution for Preliminary Plat) B. DAIRY QUEEN GRILL AND CHILL County Road 4 & Terrey Pine (2005-1) by Frauenshuh Companies. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.09 acres; Planned Unit Development Concept Review on 7.2 acres; Planned Unit Development District Review with waivers on 1.09 acres; Zoning District Change from I-2 to Neighborhood Commercial on 1.09 acres; Site Plan Review on 1.09 acres; and Preliminary Plat of 7.2 acres into 2 lots. Location: County Road 4 and Terry Pine Drive. (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change,Resolution for Preliminary Plat) C. 2003 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REALLOCATION AND 2005 CDBG RECOMMENDATIONS (Resolutions) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. ASSISTANT WEED INSPECTOR B. MCA TASK FORCE REVISION C. CEMETERY TASK FORCE CITY COUNCIL AGENDA February 15,2005 Page 3 XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Purchase of Outlot H,Hawthorne Addition, for New Fire Station 2. HAVA C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Shuldhiess Family Property 2. Off Leash Dog Park E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,FEBRUARY 1,2005 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM H 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 Lorene McWaters Heritage Room II I. DISCUSSION/PRESENTATIONS A. Public Hearing Protocol City Manager Scott Neal said this topic was discussed at a Workshop last summer, at which time Council directed staff to research practices of other communities and report back to them. Neal noted that Council held 52 public hearings in 2004, and members of the public spoke at only 15 of them. Assistant to the City Manager Michael Barone provided on overview of research he conducted on nearby communities as well as metro communities known for having to deal with contentious issues. Barone also studied guidelines of some communities outside of Minnesota. He said the ways in which Councils approach public hearings runs the gamut, from having no guidelines at all to applying very strict time limits that cut speakers off in mid-sentence. The Mayor asked for clarification on which items actually require public hearings. City Attorney Ric Rosow said a majority of public hearings the Council holds are related to development issues. These require public hearings, but they could be held at Planning Commission level only instead of at Planning and Council. He said a few other issues such as housing bond transactions and CDBG bonds require public hearings. Mayor Tyra-Lukens asked Rosow to comment on the use of"mayor's discretion" in conducting public hearings. Rosow said the Mayor has the authority to control the course of a meeting, including determining how many people speak and for how long. In his experience it works well to conduct hearings based on the issue at hand. He noted that Council has chosen to move some public hearings of a controversial nature to other venues, issued special guidelines, and used an administrative judge. Council Workshop—February 1,2005 Page 2 Tyra-Lukens said her concern is how people might react if rules that aren't normally in place are imposed for a public hearing on a contentious issue. Will people see this as unfair and arbitrary? Case said he doesn't think this is a concern, and that people generally understand that if dozens of people want to speak, there have to be rules in place to make sure the meeting runs efficiently. Butcher said she likes having development items come before council for public hearing even though it isn't required. It provides the public with an important means of communication. She does not feel there are too many public hearings, and people generally respect Council's request to not repeat what has already been said. Case agreed he does not have a concern with the number or length of public hearings. He thinks people will respect whatever ground rules the mayor sets up to efficiently run the meeting. Tyra-Lukens said there appears to be consensus that the public meeting process is acceptable as is and current procedures do not need to be changed. B. Municipal Wireless Broadband Service City Manager Scott Neal said this discussion is not about whether or not the City could provide Wi-Fi(high speed wireless internet service), but whether or not we should. He said there are different sides to this issue. Some municipalities treat Wi-Fi as just another utility, others believe it is a service that is and should be provided through private entities. Barone said he researched other communities that provide Wi-Fi and looked into other developing internet technologies. One article asserts that a municipality is justified in providing Wi-Fi if it is meeting a need that will not otherwise be met in the near future. Barone said the City of Chaska was able to begin providing Wi-Fi to residents and businesses in late 2004 mainly by being in the right place at the right time. Chaska received technology grant money in the late 90s and began laying fiber from their building to downtown businesses. Because Chaska owns their own electrical utility, it did not cost them anything to install the 200 units on the utility poles to provide Wi-Fi citywide. Chaska's goal was to keep the cost for service very low, comparable to a traditional dial up service. Some technology companies Barone contacted were very surprised Chaska was able to provide the service for such a low cost. Tyra-Lukens asked if Chaska has released any financials on the service. Barone said their business model calls for 1,400 subscriptions per year over a three-year period, and when Chaska began providing service in November they already had more than 2,000 subscribers. Barone noted there have been some issues with people having trouble logging onto the service and being unhappy with the speed. Eden Prairie resident Darren Wercinski asked if the business community in Chaska is benefiting from the service. Barone said Chaska expressed confidence that the business community is happy with the service, and that was one of the motivating factors for developing it in the first place. Council Workshop—February 1,2005 Page 3 Aho asked what percent of Eden Prairie locations have access to high speed internet through private providers. Neal said that almost all, if not all, of Eden Prairie has access to high speed internet. Lack of private service has been a huge factor in some rural communities developing their own service. Barone noted that Pennsylvania recently passed legislation preventing municipalities from getting into the internet business, and similar legislation is pending in several other states. Barone also said it is his opinion that Wi-Fi has hit its peak. Many communities are waiting for the next big technology wave, which appears to be Wi-Max, which can transfer data at rates around 70Mbps with a range of close to 30miles from a single base station. Councilmember Aho said we are on the cusp of a new technology right now. He said as Wi-Max becomes more readily available,we will see private providers jumping into the market, making it unnecessary for cities to get into that business. Councilmember Case said it is important to take a step back and ask whether or not we want to get into areas that can be served by the private sector. He feels it would be wisest to sit this one out. Wercinski said he does not consider this a Wi-Fi issue so much as an issue of infrastructure into the home. He said the question is how, over time, can the City provide information to its residents and businesses. He believes the City would benefit by figuring out how to release the choke hold companies like Verizon and Qwest currently have on households. Habitat for Technology Board Member Joe Stoebner said he would like to see Eden Prairie continue to be a community that nurtures high tech businesses. He said there obviously is obviously the political question of whether or not government should provide a service that the private sector can provide; however, it is also an economic issue. He said just one Tl line at his business costs $800 a month, a cost many small businesses cannot afford. Cable companies are reluctant to run cable into commercial areas because there is no market for their movie channels. He said Wi-Fi or Wi-Max would be able to offer connections to a wide array of businesses and residences. Aho said based on his experiences he would not advise a business to depend on a wireless connection. A T1 connection is supplied and monitored by a provider and offers a much higher level of service than would be available with a public utility type Wi-Fi. Neal said his advise to Council would be similar to Mr. Aho's. He believes the City has a role in making sure that vital services are available to our citizen's, but internet service is now widely available in Eden Prairie. Neal also said the City will need to monitor this issue to ensure that the high quality data transmission structure and services continue to be available. Internet service is not an issue that comes up with either residents or businesses on a regular basis at this time. Neal would not advise that Eden Prairie to become a direct provider of this service unless it becomes a competitive disadvantage for the City. He believes this is not likely to happen because of the type of community Eden Prairie is. Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: V.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 1, 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 Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added Item VI.C. regarding a wetland mitigation agreement for Ponds Edge Development. He said it is an issue that staff wants the developer to proceed with and there are weather issues involved as well as coordination issues with the Watershed Board. Case added discussion on a proposal for a city initiated Farmers Market concept for the summer under Reports of Councilmembers. MOTION: Case moved, seconded by Butcher, to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 18,2005 MOTION:Aho moved, seconded by Young, to approve the minutes of the City Council Workshop held Tuesday, January 18, 2005. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 18,2005 MOTION: Young moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, January 18, 2005. Motion carried 5-0. CITY COUNCIL MEETING February 1, 2005 Page 2 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2005-20 APPROVING SUBMITTAL OF APPLICATION FOR 2005 HENNEPIN COUNTY RECYCLING GRANT C. APPROVE AGREEMENT WITH LANDGEEKS LLC FOR THE PROPOSED WETLAND MITIGATION FOR PONDS EDGE DEVELOPMENT. (This item added to Agenda under Item IV.) MOTION: Butcher moved, seconded by Aho, to approve Items A-C of the Consent Calendar. Case asked for an explanation about what the mitigation will mean. Rosow stated the agreement was brought about because the mitigation was not proceeding as required by the development agreement. He said the developer sold certain parcels before the declarations to protect areas were filed, and when it was filed, it was filed on all the city outlots and it was not to be filed on all the city outlots. As a result of a series of negotiations efforts between the developer and the city, Environmental Coordinator Leslie Stovring and the developer came up with an agreement on how to proceed with the wetland mitigation. Rosow said the Watershed District was also involved at the time and has initiated a lawsuit to bring the developer into compliance with a permit issued by the Watershed District. Rosow said this agreement has been reviewed by him and the Watershed District to ensure expectations of both the city and the Watershed District would be met. He said the developer put up a cash security for all of the items to be performed in the development agreement and the current agreement reaffirms that the security can be used and accessed by the city in the event that the developer does not follow through with the agreement. Case asked if the intention is that the mitigation occur onsite. Rosow replied yes. Rosow said the reason this was brought forward tonight was because the final versions were circulated today and the Watershed District is concerned that the work begin now. Also, he said Stovring was concerned that there be Council approval before allowing the contractor to enter onto city property.Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. COVE 2ND ADDITION- RESCIND APPROVALS(2004-27) by Ted Vickerman, Jr. Request to rescind: the Resolution for Planned Unit Development Concept Review on 3.2 acres; the Ordinance for Planned Unit Development District Review within the R1-22 Zoning District on 3.2 acres; the Resolution for Preliminary Plat on 3.2 acres; the Resolution for Final Plat on 3.2 acres; and the Development Agreement. Location: 6861 and 6871 Beach Road. (Resolution No. 2005-21 Rescinding the PUD Concept Review, Ordinance Rescinding the PUD District Review within the R1-22 Zoning District, Resolution No. 2005- 22 Rescinding the Preliminary Plat, Resolution No. 2005-23 Rescinding the CITY COUNCIL MEETING February 1,2005 Page 3 Final Plat,Resolution No. 2005-24 Authorizing Amendment to Development Agreement Rescinding all of its terms) City Manager Scott Neal reported that official notice of this public hearing was published in the January 20, 2005, Eden Prairie Sun Current and sent to 15 property owners. He said Theodore R. Vickerman, Jr., a Co-Personal Representative of the Estate of Theodore R. Vickerman, one of the property owners, requests that all the approvals granted by the City for The Cove 2nd Addition be rescinded thus restoring the status of the property before the Development Agreement and all approvals were granted by the City. Rick LaMettry, the other owner of the property does not object to this request. Neal said the Planning Commission voted 7-0 to recommend approval of rescinding The Cove 2°d Addition project to the City Council at its January 10, 2005 meeting. The Cove 2"d Addition project subdivided two exiting single-family lots to create a third single-family lot. The City Council approved the project in June 2003. The approvals included a PUD Concept and PUD District Review, Preliminary and Final Plats and a Development Agreement. Neal said the 2nd Reading of the Ordinance to rescind will take place under the Ordinances and Resolutions section of the agenda and staff recommends approval. Tyra-Lukens asked if this was the property where there was a slope issue.Neal said yes. Case asked if there is any downside to the city for this and why is it occurring.Neal said staff believes the estate from Mr. Vickerman has changed its mind and there has been a difference on how they want to proceed. He said there is a minimum impact on taxable valuation for the property. Rosow said he had many conversations with Senior Planner Scott Kipp who handled this. He said as part of the negotiations to allow the third lot, there was a "no mow"zone of the backyard down to the lake to protect the lake, and that almost prevented the project from moving forward in the first place but the city eventually negotiated an acceptable solution for protection for the lake. He said by rescinding all this, that is not in place for the two lots as it would have been for three lots. Rosow said it's in the city's prerogative not to rescind the ordinance. He said the property owner is not required to file the final plat. He said the city passed the ordinance and the PUD and the city does not have to revoke that, but until the point in time when they put three lots there,there would be an argument as to whether those controls go into effect. Butcher said it is a better situation and it is positive given the geomorphology of that land. There were no comments from the public. CITY COUNCIL MEETING February 1,2005 Page 4 MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; and adopt the Resolution rescinding the Planned Unit Development Concept Review for three lots, approved by the City Council on May 6, 2003; and approve 1s1 Reading of the Ordinance rescinding the Planned Unit Development District Review within the R1-22 Zoning District of The Cove 2nd Addition for three lots, approved by the City Council on June 3, 2003; and adopt the Resolution rescinding the Preliminary Plat for three lots, approved by the City Council on May 6, 2003; and adopt the Resolution rescinding the Final Plat of The Cove 2nd Addition for three lots,approved by the City Council on July 15, 2003;and adopt the Resolution authorizing the Mayor and City Manager to execute an amendment to the Development Agreement for The Cove 2nd Addition rescinding all of its terms. Motion carried 5-0. B. HERITAGE PINES (2004-31) by David W. Durst. Request for Guide Plan Change from Low Density Residential to Medium Density Residential on 1.65 acres, Zoning District Change from Rural to RM-6.5 on 1.65 acres,Site Plan Review on 1.65 acres, and Preliminary Plat of 1.65 acres into 12 lots and road right-of-way. Location: 17621 Pioneer Trail. (Resolution No. 2005-25 for Guide Plan Change,Ordinance for Zoning District Change,Resolution No. 2005-26 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the January 20, 2005,Eden Prairie Sun Current and sent to 158 property owners. He said this is for 11 multiple-family units in two buildings. The Planning Commission continued the project at its January 10, 2005 meeting for the developer to add guest parking, provide additional tree replacement and revise the architecture. The Planning Commission voted 7-0 to recommend approval of the project to the City Council at its January 24, 2005 meeting. Neal said a guide plan change from low density residential to medium density residential is required and this request may have merit based on the following reasons: • The medium density land use was anticipated when the adjacent multiple family developments were approved. • The medium density land use would be consistent with the surrounding multiple family uses. • Access to the site is from a private drive through the existing multiple family development to the east. • The density of the project is consistent with the adjoining area. The plans have been revised according to the staff report and Planning Commission recommendations. Jeremiah added that staff is recommending an additional condition requiring an amendment to the cross access easement and that would be done prior to issuance of building permits to set forth the exact legal description of the access across the CITY COUNCIL MEETING February 1,2005 Page 5 property for the benefit of the Ryland property. She said although this is a private road,there is a cross access easement between Heritage Place and this proposed Heritage Pines. Butcher asked what is the target market for these and what is the price point. Jeremiah said she understands that the target price is between $325,000 and $350,000 and she would assume the market would be similar to Heritage Place. David Durst from Durst and Gans Realty, Inc. stated they are trying to market to first-time buyers who couldn't afford the $750,000 housing as is typical in the city. Aho asked what is to the west of the site.Jeremiah said there is additional multi- family development to the west, east and also immediately north. MOTION: Case moved, seconded by Young,to close the Public Hearing; and adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 1.65 acres; and approve 1st Reading of the Ordinance for Zoning District Change from Rural to RM-6.5 on 1.65 acres; and adopt the Resolution for Preliminary Plat on 1.65 acres into 12 lots and road right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Case asked where the road terminated when it heads west. Dietz said the road does not have an access point to Pioneer Trail; it is strictly a cul-de-sac that ends. Case said it's not the typical turnaround of a cul-de-sac. Dietz said he suggested to his staff that they suggested to the developer that he shorten that road somewhat and put a terminus in it and reconnect the driveways to the last two units in a way that allows a turnaround. Dietz said this came through the Planning Commission this way with a tapered look to it. Case said he is concerned that there are 11 homes with an average of 66 trips per day down a private road without an access. Case said there is also a fire and safety issue of how a fire truck would be able to turn around on that road. Dietz pointed out the location of a fire truck turnaround one-third of the way west from the east property line and then said that half to two-thirds of the way there are four parking spaces along the north side of that private road. Case asked how close the corner of home#11 will be to what is presumed to be the new alignment of Pioneer Trail.Dietz said on sheet 3/4,Unit 11, the heavy line shows the new right-of-way dedication line for Pioneer Trail and the curb and gutter is outlined as a triangle coming to the driveway to Unit#11. He said there is a small turnaround for the Unit 11 driveway that protrudes from the west edge of the driveway to Unit 11. Dietz said it was discussed with staff to suggest to the developer that the end of that street be pulled further to the east, a turnaround placed and that the driveways for units 10 and 11 might look more like the driveways to units 1 and 2. Case said he is not comfortable with shoehorning this road in and he thinks this would come back to the council at some point. He said to have a sharp pointed end like that and have a fire truck back up 300 feet just to CITY COUNCIL MEETING February 1,2005 Page 6 turn around is problematic. He said he's not sure where the final layout of Pioneer Trail will be but clearly Unit 11 is close. Dietz showed a sketch of Unit 11 and the proposed right-of-way line for Pioneer Trail. He said that will not be the edge of pavement. He said it was discussed to suggest to the developer that the driveways for Units 10 and 11 be fashioned like Units 1 and 2. Case asked if it's possible to put the 100-foot cul-de-sac in there if it's backed up more to the east. Dietz said the typical cul-de-sac is a 35-foot radius, 70-foot diameter. Case asked if it's that close, could it be mandated for safety purposes to get what is consistent with other cul-de-sacs in the city.Dietz said it's possible, but the potential problem is you'd begin to stack up the driveway to Units 9 and 8 which are together. He said a reasonable compromise would be to have a cul-de-sac 50 to 60 feet across instead of 70 feet and the association would have to enforce"no parking"because it's a private street. Butcher said it looks like the edge of the structure of Unit 11 is about 30 feet from the edge of the Pioneer Trail right-of-way. She asked if there could be a berm there in the future.Dietz said probably not between the right-of-way and the unit because there will be little room. He said the design for Pioneer Trail in this location is not finalized yet and he believes a compromise is desirable because of how much right-of-way is being required and requested to accommodate Pioneer Trail. Dietz said there is close to 33 feet of right-of-way dedication. Case asked what the current right-of-way is across the entire span. Dietz said as soon as it's determined what is on the south side,you can add 33 feet to the north side. Eric Johnson, senior landscape architect and project manager, stated Pioneer Trail is a 27-foot proposed right-of-way. He showed an overhead drawing of the area and said there have been numerous conversations with the fire marshal about the fire truck turnaround and it was initially proposed as a turnaround further down to the west in the site.He said after conversations with the Planning Commission and their desire for more guest parking, it was decided to move the turnaround. Johnson said the fire marshal said he had no problem moving the turnaround further to the east. Johnson said another problem is there are a number of grades in the area of a proposed smaller turnaround. He said there may also be the addition of a bike and walking trail along the right-of-way which may create the need for retaining walls in that right-of-way area. Fire Chief George Esbensen said he does not have all the details for this project, but it has gone through the DRC process and the fire marshal has scrutinized it carefully. Case asked if there is a preference for the turnaround. Esbensen said he believes since all these buildings are sprinkled, it decreases the likelihood of fire damage and staff tends to be more cooperative with developers in these cases. CITY COUNCIL MEETING February 1,2005 Page 7 Dietz reported that the right-of-way dedication on the south side is 27 feet with the existing 33 feet combines for a total of 60 feet. He does not have information on the north side. He said previously it would be 17 and 33 for a total of 50,but now it is 60 feet. He said there is no waiver requested for Unit 11. Jeremiah said there are no waivers for setbacks with regard to any of the individual lots. Case said he would not want to vote on this as is and he would want to direct staff to work out a better solution for the turnaround. He suggested a condition to have staff diligently work to solve the issue of a knifed dead end road. Young he would like to hear from staff if we're going to do anything other than pass on this as recommended. Dietz said the conclusion of the group at the development review committee was that we could live with it, so he chose not to raise it as an issue that has to be corrected, but make it a suggestion. He said it is i it was agreed to not unusual to have these kinds of dead end situations.He said g not go this way in the future, but for this one, it was agreed to accept it but make it a recommendation only. Case said he does not see where the water is going for this project.Dietz said it is all being piped to an existing nurp pond on the east side of Bell Road, sized to accommodate it. Case asked if this development pays into that. Jeremiah said there is an agreement with the adjacent homeowners association to deal with the issue of a private storm sewer. Butcher said hearing what Dietz and Esbensen said, she is comfortable doing this. She said she believes it's not perfect,but doable. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Young,to approve the Payment of Claims. The motion was approved on a roll call vote with Aho,Butcher,Case,Young and Tyra- Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS A. COVE 2ND ADDITION-RESCIND APPROVALS by Ted Vickerman,Jr. 2nd Reading of the Ordinance Rescinding the Planned Unit Development District Review within the R1-22 Zoning District on 3.2 acres. Location: 6861 and 6871 Beach Road. (Ordinance No. 2-2005 Rescinding the PUD District Review) City Manager Scott Neal announced that Theodore R.Vickerman,Jr., a Co- Personal Representative of the Estate of Theodore R. Vickerman, one of the property owners, requests that all the approvals granted by the City for The Cove 2nd Addition be rescinded thus restoring the property to its zoning and subdivision status before the Development Agreement and all approvals were granted by the City. Rick LaMettry, the other owner of the property does not object to this request.Neal said the Council approved this earlier in this meeting and a CITY COUNCIL MEETING February 1,2005 Page 8 unanimous vote is required for the second reading. MOTION: Buther moved, seconded by Case, to approve 2nd Reading of the Ordinance rescinding the Planned Unit Development District Review within the R1-22 Zoning District of The Cove 2nd Addition for three lots, approved by the City Council on June 3, 2003. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Farmers Market—Councilmember Case Case said he has been contacted by about five people in the last week regarding the farmers market issue. He said he explained that the council liked the concept, but not this particular proposal. Case suggested the city try one or two farmers markets this summer at the site.He said it would reinforce the idea that the council really likes the idea of a farmers market. Young said it would be a nice amenity but he would like to get a better sense from staff about the time and economic cost to the city.Neal said the feasibility of it will be discussed tomorrow at the staff meeting. B. REPORT OF CITY MANAGER 1. Cemetery Task Force Neal said there are no proposed members to appoint to this task force and staff is not having success in getting volunteers. He said passive advertising has been done as well as direct solicitation of residents near the cemetery. Case provided three possible volunteers and suggested staff contact the Presbyterian Church for possible volunteers. 2. State of the City Neal reported that he gave the first State of the City address to the Chamber of Commerce on January 20 and he will deliver that address several times to city staff between tonight and next week. He said the presentation to the Chamber of Commerce has been videotaped for broadcast on Channel 16. CITY COUNCIL MEETING February 1,2005 Page 9 3. Annual Performance Review Neal said in the past two years,the city has had the help of Harry Brull to do the review and he spoke with Mr. Brull today and he is available. Council agreed to schedule Mr.Brull to do the review. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Study Update Jeremiah reported on the status of the Major Center Area Study—the area within and surrounding the Prairie Center and Valley View ring roads and including Eden Prairie Center mall. She said the first meeting was in November with 13 members of the task force. She said traffic counts have been taken and other background data has been collected. She said the next meeting of the task force is Tuesday, February 22 from 4:00 to 5:30 p.m. at the Colony Senior Residence and there will be a joint meeting between the City Council and Planning Commission on Tuesday, March 1 to receive information on the study to date. Jeremiah said this study looks out to the year 2030 with a primary proactive purpose. She said after the joint meeting, there will be another meeting of the task force to look at alternative future scenarios. 2. Purchase Agreement for 7900 Mitchell Road Jeremiah announced that David Lindahl,Economic Development Manager, came to an agreement with the Hartford Group regarding purchase of the old police headquarters at the southwest corner of Mitchell Road and TH312/5. She said Hartford is proposing a mixed use of that property and the property immediately to the south. She said the city received its asking price of$13 per sq. ft. based upon the net buildable area of 2.1 acres for a total of$1,189,188. Jeremiah said the proposed development concept is tentative in nature and has not been through the Planning Commission. She said the proposed development concept could include up to four different land uses including: restaurant,townhomes,retail, and possibly office condos. Tyra-Lukens asked if the city is making any commitments to the developer in saying certain things will be allowed with this sale. Jeremiah said the sale would not be executed until up to 180 days have transpired so that the city can deal with land use and development issues and it would receive preliminary approval from the city. She said over the next six months those plans will go through the process and there have been no commitments with regard to the development for that property. CITY COUNCIL MEETING February 1,2005 Page 10 Rosow advised the Council that as the seller and as the city that governs development all rights of review with respect to this project are retained and there is nothing in the agreement that binds the Council to approve the development that is brought forth. He said if it is not approved,the developer receives back its earnest money unless they have taken too long to bring it before the Council and will ask for an extension of time under the purchase agreement. In that case,the earnest money becomes property of the seller. He said this is a matter that is subject to a public hearing and you cannot commit to approve something that is subject to a public hearing. Aho asked what the timeframe is for this agreement. Jeremiah said it could take four to six months to work out the development issues as well as for the developer to explore the market and the most appropriate mix. She said it is expected to come before the Planning Commission within the next month or so. She said no other proposals are being considered while this proposal runs its course. MOTION: Case moved, seconded by Aho, to to authorize the Mayor and City Manager to execute a purchase agreement and other documents including but not limited to a Warranty Deed and affidavits as are necessary to complete the sale of a 2.3 acre site owned by the City and legally described as Lot 1,Block 1, Wingate Hotel Addition,Hennepin County, Minnesota. Motion carried 5-0. Case commented that in the 1990s,an idea was discussed in policy that one-time revenues coming into the city would be put aside into the Capital Improvement Fund. He said he would assume that is still the policy and the council can continue to have that discussion. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Young moved,seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:09 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. A. Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Solid Waste Collector Atomic Waste, LLC LaPage& Sons Lloyd's Construction Services, Inc Shamrock Disposal - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.B. Community Maintenance Outdoor Storage Site Development/Planning Janet Jeremiah Requested Action Move to: • Approve 2"d Reading of the Ordinance for Rezoning from Rural to I-General. Synopsis This proposal is to rezone property from Rural to I-General to allow the City to operate an outdoor storage area for the operating functions of the utility, streets, and park and recreation departments. Attachments 1. Ordinance for Zoning District Change MAINTENANCE OUTDOOR STORAGE SITE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the I-General District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the I-General District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of January, 2005, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of February, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on . MAINTENANCE OUTDOOR STORAGE SITE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. -2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 9955 Flying Cloud Drive, from Rural to I-General Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Eden Prairie Maintenance Outdoor Storage Site Legal Description: EXHIBIT A LEGAL DESCRIPTION 'Those parts of the following described properties: That part of the Northeast Quarter(NE 1/4)of the Southwest Quarter(SW 1/4)and of the West One-half(W '/2)of the Northeast Quarter(NE 1/4)and the West One-half(W'/z)of the Southeast Quarter(SE 1/4)all in Section 27,Township 116,Range 22,described as follows: Beginning at a point on the South line of the Northwest Quarter(NW 1/4)of the Southeast Quarter(SE 1/4)of said Section 27,distant 41 rods East of the Southwest corner thereof;thence North along a Iine which,if extended would intersect the North line of the Northeast Quarter (NE 1/4)at a point distant 17 rods East of the Northwest corner thereof,to the center line of U.S Highway No. 169;thence South 41 degrees, 10 minutes West along the center line of said highway 1588.2 feet; thence South 55 degrees 14 minutes East 457.41 feet; thence South 64 degrees,25 minutes East 15637 feet;thence South 51 degrees,54 minutes East 582 feet;thence North 26 degrees 39 minutes East 386.06 feet;thence South 89 degrees,36 minutes East 42.75 feet to the point of beginning,except that portion thereof acquired by Minneapolis-St..Paul Metropolitan Airport Commission in Document Numbers 3326892 and 3447831,together with an easement as contained in Document No. 3326893,Hennepin County,Minnesota_ And that part of the Northeast Quarter of the Southwest Quarter and that part of the West Half of the Southeast Quarter of Section 27,Township 115,Range 22,Hennepin County,Minnesota, which lies Southeasterly of the center line of U.S.Highway No_ 169 as laid out and traveled October 1, 1970,and lies Northerly of"Line A" and lies Southerly of"Line B", Said"Line A" is described as commencing at a point on the South line of the Northwest Quarter of the Southeast Quarter of said Section 27 distant 676.50 feet East of the Southwest corner of said Northwest Quarter of the Southeast Quarter of Section 27;thence Northerly a distance of 1537_79 feet,more or less,along a line which,if extended,would intersect the North line of the Northeast Quarter of said Section 27 at a point 280.50 feet East of the Northwest corner of said Northeast Quarter of Section 27,to said center line of U.S. Highway Number 169 as laid out and traveled; thence South 41 degrees 10 minutes 00 seconds West,assumed bearing,along said center line of U.S.. Highway No_ 169 as laid out and traveled a distance of 1588.20 feet to the point of beginning said"Line A";thence South 55 degrees 14 minutes 00 seconds East a distance of 457.41 feet; thence South 64 degrees 25 minutes 00 seconds East a distance of 156 37 feet;thence South 51 degrees 54 minutes 00 seconds East a distance of 582..00 feet;thence North 26 degrees 39 minutes 00 seconds East a distance of 386.06 feet; thence Easterly to the point of commencement and said"Line A" them terminating. 788303-[ Said"Line B" is described as commencing at a point on said South line of the Northwest Quarter } of the Southeast Quarter of Section 27,distant 676.50 feet Fast of said Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 27; thence Northerly a distance of 1561.56 feet,along a line which,if extended,would intersect said North line of the Northeast Quarter of Section 27 at a point 280.50 feet East of said Northwest corner of the Northeast Quarter of Section 27,to the center Iine of U.S.Highway No_ 169 as described in Highway Easement Document No. 1880568,recorded in the office of the County Recorder in and for Hennepin County,Minnesota;thence Southwesterly along said center line of U.S.Highway No. 169ias described in Document No_ 1880568,a distance of 1588.20 feet to the point of beginning of said"Line B";thence Southeasterly deflecting to the left 96 degrees 24 minutes 00 seconds a distance of 457.41 feet;thence Southeasterly deflecting to the left 9 degrees 11 minutes 00 seconds a distance of 156.37 feet;thence Southeasterly deflecting to the right 12 degrees 31 minutes 00 seconds a distance of 582.00 feet;thence Northeasterly deflecting to the left 101 degrees 27 minutes 00 seconds a distance of 386.06 feet;thence Southeasterly a distance of 49.79 feet to the point of commencement and said"Line B" there terminating. Which lie Westerly,Northwesterly and Northerly of a line described as commencing at the Southeast corner of said Southeast Quarter of the Southwest Quarter of Section 27;thence South 89 degrees 39 minutes 57 seconds West,assumed bearing,along the South line of said Southeast Quarter of the Southwest Quarter,a distance of 104.56 feet to the point of beginning of the line to be described;thence North 17 degrees 49 minutes 47 seconds West a distance of 179.81 feet to the hereinafter described"Line C";thence North 28 degrees 55 minutes 39 seconds Fast, along said"Line C",a distance of 110.07 feet to an angle point in said"Line C";thence North 61 degrees 04 minutes 21 seconds West,along said"Line C",a distance of 97.16 feet;thence North 10 degrees 47 minutes 28 seconds West a distance of 70.92 feet;thence North 2 degrees 39 minutes 53 seconds Fast a distance of 365.59 feet; thence North 24 degrees 38 minutes 16 seconds Fast a distance of 225.88 feet;thence North 32 degrees 27 minutes 49 seconds Fast a distance of 5.32.21 feet;thence North 78 degrees 54 minutes 10 seconds East a distance of 41.35 feet;thence South 54 degrees 39 minutes 30 seconds East a distance of 221.02 feet;thence North 62 degrees 29 minutes 47 seconds Fast a distance of 29.14 feet;thence North 0 degrees 20 minutes 57 seconds West a distance of 860_92 feet to the South line of said North 3/16 of the Southeast Quarter of Section 27 and said line there tennin'r ng "Line C"is described as commencing at said Southeast corner of the Southeast Quarter of the Southwest Quarter of Section 27;thence South 89 degrees 39 minutes 57 seconds West,along said South line of the Southeast Quarter of the Southwest Quarter, a distance of 222.13 feet; thence North 0 degrees 20 minutes 03 seconds West a disc ce of 58.14 feet to the point of beginning of"Line C" to be described;thence North 28 degrees 55 minutes 39 seconds Fact a distance of 240.00 feet; thence North 61 degrees 04 minutes 21 seconds West a distance of 317.62 feet and said"Line C"there terminating,according to the United States Government Survey thereof and situate in Hennepin County,Minnesota Abstract Property 768308.1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. C. Randy Slick Final Plat Approval of Eden Heights Public Works/Engineering Estates Division Requested Action Move to: Adopt the resolution approving the final plat of Eden Heights Estates Synopsis This proposal is for property located south of County Road 1 and west of Eden Prairie Road. The plat consists of 24.7 acres to be divided into 47 single family lots and right-of-way dedication for street purposes. This is a replat of Lots 3-8, Block 1 and Lots 12-14, 16 and 17, Block 1, Eden Heights. Background Information The preliminary plat was approved by the City Council on December 7, 2004. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on January 18, 2005. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$2,350.00 • Receipt of street lighting fee in the amount of$6,682.50 • Receipt of street sign fee in the amount of$1,475.00 • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas(to the nearest square foot)of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of final plat, Developer shall submit detailed plan for re-vegetation around storm water pond. • Prior to release of final plat,or prior to construction of utilities, whichever occurs first, Developer shall convey a drainage and utility easement to the City, located between the property and Eden Prairie Road. • Prior to release of final plat, Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING FINAL PLAT OF EDEN HEIGHTS ESTATES WHEREAS, the plat of Eden Heights Estates has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL A. Plat approval request for Eden Heights Estates is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 15, 2005. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on February 15, 2005. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EDEN HEIGHTS ESTATES R.T.DOC.NO. C.R.DOC.NO. MOW ALL FEN OYTMEBEPtE0ENT0: T41X.Haan lam dWM..d..LLA,.M....booed.WMyorpoMaN b..wmdth.1 m.0.on.4.of.c...MubEbd. hwt..Mwsf and PM...JOOS,a*t and Pam,.JOB..a.IUWM*NM.,Ior.n.n.b.d*0OW hb dyd mom, 5b.el lbnmd.,Conti 01 Car.sodoonte of 01...pw.b oft Leta Obd,I.'EMI ME*I0T1',N.wph Coolly,INoo.a` NONE* Mow.GM.*Mu..1114260, LdY.adt 1.W0EN M0g0l0'.l..nph Oo.41,M.w.o.< P.P..........an w.T.Avowal Mom.Gorr..Mvnr IOW. Lot.,Dix.i,MEN 10EI04W.1..0[any,Mn.mc4 ,TAT!OP Tarn 0*11*.Moto16 O0O C00NoY OF Lot48b..t t,'EOON NEIRCS',H *Mn 0004,Wm.* TmP.o.o. ,ImOomo*Rm mlaaWds.d bola.In nM day 0�WP.brN.Job.nooM Dlm.T.045loo.b.G.d EMMA. Tama MOW.Motor]OMSO. 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"• \� I 14 WRY I C I 1 i ' ^ CST 1'�r �)�4`y -Mr" q;• y`6e,�a:\\\ 4. �/ 7�� m F^ 1- \ 6 /e n•27,4s"1 ):1 r-111.1!'•_l f41.95e-2•S28j44' lIe 3.46'02•-x• �766..4i Vol. ••,- N tA•\\ 1� ,i/S I ,� Id ", -A- <� ✓ ;\\ 4 / n'1 r I li 1 I •P I" ...FT�6eoo' \ \ 3y vI 0� G,J CJ b° \ \��'/' / } V. �' •I, r« lln. li' '� ��9\ \ a. 4 ,,, 'J lP 807,,.um\. y/11 Ay 7 r ld ypg 84-• ^1 Iyc9= 9X I lg 10 �N R 1 ''Ill' l 13 - :\•.- I �8 .- DRAINAGE AND U11LM EASEMENTS ARE SHOWN TRUE C I e✓,MIY CI.TDI''" Vy I 11 R IL' IIG �yo 11R 4 I I1�r,Dt 11I 12 ig I ,3H9 ��J 9 W; /• '.. w I I 1. 1- 1 G I1 II 4 /;4 I IJ0.51 140 e6 12850 ,`i' 'IJ 11 . ') L L--�---JL JI'r_ ` s1�/iR 1"IIS 3 �I 1� lI ( W 9�i<� �i I I ' F, o12. ,J 8_.Ls , 0 s li'I se W °--1 L- X r N69°22.14•E 200.04 1 r N89•22.14•E 181.73 -1 .. g--- :.1. E- •--sl'•.L- -•d 1 4 550fs '°a t�0s PI - I I `C (n 1 y, I = puma • 2 umm' GSDIlMr2 ---xerdx199w FIe9.2Y14•E I'- •"•iz. !1T .1- 94.17 98,04 98. u 99,05 1. 1 210.23 `01,g9�E ''- -41=- (- I u, ;•89.48(NE ), IDO.aI NA•5o' .1v -� i I - ID0.01 1'-'33" I10., r1 1 e N69•7E14E 469.2214.E 1169.22.14E 089°2,2'14'WI n9y, �J' -' - I '`1. 397,4 2-7 N74'15'`E r'\ __ L--_J L___ L-_ I F� 3 a 11 I6wN7u9r: I a { i 1 17 g 18 ; w w 1 1 I I A BEINGSFEET MW9 MIOJ4D AOIOIHIHO LOT0800 / 1,-�• IA r- r' r- NI r " 0 96t '2 11 I 1 1- g 15 I f' t Is t I r 10^ UNLESS OTHERWISE MGHT OF WAY UNES ARO / - c- Li C_ 1v 219 A 20 N 21 E $ 22 I/ 23 E I 24 8 I �s fl L_ _ I \7 n i t , REAR LOT EMS,MESS OTHBRW{SO INDICATED, 1 AS 6HOWNONTHF FIAT. -s UJ 160 9>�1 „l I I Ie0 OEM I L 1 I -F I / ,. b /ae eDgA C> .l„_100 Pma- I 99 D+om) 1 I 1 /�'1'.MSS n PA I 4� ;.L 199.72 J L 101.72 J L J0o_DI- L ,8�1 _Ill-LIE-Jr .,L 100.00 J L 100.01 _Jr_ ,0..0L J`'.8�/45:8+ / 2 /CYO Ob yM't / D S89e22'14•'W 709�7 •--•-• o`' -- 0 589°22'14"W 339.82 b 11 I SATHRE-BERGQUIST;•INC• /� LLTyr • 9 0p F, . 150 SOUTH BROADWAY WAYZATA,MN.86391 MI)4788003 .._._/ SHEET 3 OF 3 SHEETS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #05-5641 ITEM NO.: VI. D. Eugene A. Dietz, Award Contract for 2005 Well Public Works Rehabilitation Program Requested Action Move to: Award contract for the 2005 Well Rehabilitation Program to E.H. Renner& Sons, Inc., in the amount of$146,998. Synopsis An important preventative maintenance program for our water supply consists of taking 20%of our wells out of service on an annual basis to perform inspections, routine maintenance and repairs that are identified in the process. In 2005, Wells No. 10, 11 and 12 are scheduled for the program. Three bids were received and staff recommends that the project be awarded to the lowest responsible bidder—E.H. Renner& Sons, Inc.—in the amount of$146,998.00. Background Information Three bids were received for the 2005 work as follows: Contractor Base Bid E.H. Renner& Sons, Inc. $146,998.00 Keys Well Drilling Company $148,400.00 Mark J. Traut Wells, Inc. $181,194.00 In years past, staff has contracted with well drillers to perform these activities on a time and materials basis,without using a formal bidding procedure. In reviewing this practice, we conclude that we have not followed the standards of our required procurement process for this type of work. As a result, a Professional Services Agreement was developed with TKDA to prepare standard specifications that could be utilized in future work. These specifications were prepared for the specific work contemplated in 2005, but are adaptable for future years. Our practice is to conduct this rehabilitation program for each well on a five-year cycle. With fourteen wells currently in place and a fifteenth well under construction,three wells undergo this preventative process each year. The attached detailed bid tabulation provides a summary of all of the steps anticipated in the project. It is expected that not all elements of the work activities will be required,since the extent of rehabilitation is unknown until inspections occur. Therefore, it is expected that the bid price should be the upper end of the expected cost for 2005. However, inspections could lead to additional unanticipated work. Finally, based on the City of Minnetonka experience with pre-qualification of bidders,the specifications did include a point system to evaluate the capability of each bidder. Each of the three contractors bidding this project met a minimum 30-point standard and the final award is based on"low bid". Staff recommends award of the contract to E.H. Renner& Sons, Inc. Attachments • TKDA letter of recommendation • Tabulation of bids TKDA ENGINEERS•ARCHITECTS-PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)292-4400 February 2005 (651)292-0083 Fax 07, www.tkda.com Mr. Eugene Dietz City of Eden Prairie 14100 Technology Drive Eden Prairie,Minnesota 55344 Re: 2005 Well Rehabilitation Program City of Eden Prairie,Minnesota TKDA Commission No. 13248-01 Dear Mr. Dietz: Bids for the referenced project were received on February 3, 2005,with the following results. A complete Tabulation of Bids is enclosed for your information. Contractor Base Bid E.H. Renner& Sons, Inc. $146,998.00 Keys Well Drilling Company $148,400.00 Mark J.Traut Wells, Inca $181,194.00 Recommendation As previously outlined, the bid award would be based on whether each bidder had scored the minimum 30 points,and then would be based on the bid price. All three bidders received a score above the minimum rating of 30 on the Bid Questionnaire Rating Sheet. Therefore,we recommend that you award the Contract to the lowest bidder,E.H. Renner& Sons, Inc, for their base bid of$146,998.00. Please do not hesitate to call me with any questions or comments you may have. Sincerely, Verne E.Jacobsen, P.E. Project Manager VEJ:tlb Enclosure An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TABULATION OF BIDS 2005 WELL REHABILITATION PROGRAM /� CITY OF EDEN PRAIRIE,MINNESOTA TKD n COMMISSION NO.13248-01 ENGINEERS•ARCHITECTS•PLANNERS BIDS OPENED:FEBRUARY 3,2005,AT 10 AM *DENOTES ERROR IN BIDDERS CALCULATION E.H.RENNER KEYS WELL MARK J TRAUT &SONS,INC. DRILLING COMPANY WELLS,INC." ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT ACTIVITY The mobilization of equipment and materials onto the site, setting up the equipment,removal of equipment,and cleanup of the site upon completion of the work,together with all items of construction and testing except for those itemized separately below,for the work to Well Pump No.10, 11,and 12 each,and 1 all appurtenant work 1 LS $ 3,600.00 $ 3,600.00 $ 10,000.00 $ 10,000.00 $ 22,650.00 $ 22,650.00 2 The rental and operation of a crane 50 UP $ 100.00 $ 5,000.00 $ 120.00 $ 6,000.00 $ 175.00 $ 8,750.00 The removal of Well Pump No. 10, 11,and 12 each,from their 3 respective wells 1 LS $ 8,400.00 $ 8,400.00 $ 8,250.00 $ 8,250.00 $ 6,200.00 $ 6,200.00 The cleaning and disinfection of the casings in Wells No.10, 4 11,and 12 and all appurtenant items 1 _ LS $ 4,200.00 $ 4,200.00 $ 18,000.00 $ 18,000.00 $ 9,000.00 $ 9,000.00 The reinstallation of Well Pump No.10,11,and 12 each into 5 their respective wells and all appurtenant items 1 LS $ 8,400.00 $ 8,400.00 $ 8,800.00 $ 8,800.00 $ 6,250.00 $ 6,250.00 The disassembly,cleaning,inspection,and preparation of an inspection report,for Well Pump No.10, 11,and 12 each,and 6 all associated components 1 LS $ 600.00 $ 600.00 $ 900.00 $ 900.00 $ 3,060.00 $ 3,060.00 The replacement of up to 3 existing,5-foot long, 12-inch diameter flanged steel column pipes for Well Pump No. 10, with 3 new 5-foot long,12-inch diameter,Schedule 40, threaded steel column pipes as specified and directed by the 7 Engineer 3 UP $ 556.00 $ 1,668.00 $ 550.00 $ 1,650.00 $ 1,320.00 $ 3,960.00 The replacement of up to 4 existing,5-foot long,12-inch diameter threaded steel column pipes for Well Pump No.11 and 12,with 4 new 5-foot long, 12-inch diameter,Schedule 40, threaded steel column pipes as specified and directed by the 8 Engineer 4 UP $ 613.00 $ 2,452.00 $ 500.00 $ 2,000.00 $ 416.00 $ 1,664.00 The replacement of up to 14 existing,10-foot long,12-inch diameter flanged steel column pipes for Well Pump No.10, with 14 new 10-foot long,12-inch diameter,Schedule 40, threaded steel column pipes as specified and directed by the 9 Engineer 14 UP $ 922.00 $ 12,908.00 $ 680.00 $ 9,520.00 $ 1,598.00 $ 22,344.00 The replacement of up to 35 existing,10-foot long,12-Inch diameter threaded steel column pipes for Well Pump No.11 and 12,with 35 new 10-foot long,12-inch diameter,Schedule 40,threaded steel column pipes as specified and directed by 10 the Engineer 35 UP $ 922.00 $ 32,270.00 $ 680.00 $ 23,800.00 $ 650.00 $ 22,750.00 The replacement of up to 49 existing 1-1/2"diameter 10-foot long steel pump shafts for Well Pump No.10,11,and 12 with 49 new 1-1/2-inch diameter,10-foot long,416 stainless steel 11 shafts as specified and directed by the Engineer 49 UP $ 311.00 $ 15,239.00 $ 285.00 $ 13,965.00 $ 248.00 $ 12,152.00 The replacement of up to 7 existing 5-foot long steel pump shafts for Well Pump No,10,11,and 12with 7 new 1-1/2-inch diameter,5-foot long,416 stainless steel shafts as specified 12 and directed by the Engineer 7 UP $ 253.00 $ 1,771.00 $ 210.00 $ 1,470.00 $ 155.00 $ 1,085.00 Page 1 2005 WELL REHABILITATION PROGRAM � �� CITY OF EDEN PRAIRIE,MINNESOTA COMMISSION NO.13248-01 ENGINEERS•ARCHITECTS•PLANNERS I BIDS OPENED:FEBRUARY 3,2005,AT 10 AM *DENOTES ERROR IN BIDDERS CALCULATION E.H.RENNER KEYS WELL. MARK J TRAUT &SONS,INC. DRILLING COMPANY WELLS,INC. ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT For the replacement of up to 53 neoprene bearings for the shaft stabilizing spiders for Well Pump No.10,11 and No.12,as 13 specified, 53 UP $ 21.00 $ 1,113.00 $ 20.00 $ 1,060.00 $ 26.00 $ 1,378.00 The replacement of up to 8 pump bowl wear rings in Well Pump 14 No. 10,11,and 12 8 UP $ 150.00 $ 1,200.00 $ 170.00 $ 1,360.00 $ 385.00 $ 3,080.00 The replacement of up to 8 bronze impellers for Well Pump No. 10,11 and 12,with new impellers,as specified and directed by 15 the Engineer 8 UP $ 1,100.00 $ 8,800.00 $ 500.00 $ 4,000.00 $ 450.00 $ 3,600.00 The replacement of one head-shaft for Well Pumps No. 10,11 and 12 each,with new type-416 stainless steel head-shaft,as 16 specified,and directed by the Engineer 3 UP $ 250.00 $ 750.00 $ 400.00 $ 1,200.00 $ 450.00 $ 1,350.00 The replacement of one bowl-shaft for Well Pumps No. 10,11 and 12 each,with new type-416 stainless steel bowl-shafts,as 17 specified and directed by the Engineer 3 UP $ 220.00 $ 660.00 $ 375.00 $ 1,125.00 $ 475.00 $ 1,425.00 For replacing 3 packing box bearings and furnishing and 18 installing new packing for Well Pumps No.10,11,and 12 each 3 UP $ 110.00 $ 330.00 $ 150.00 $ 450.00 $ 325.00 $ 975.00 For the furnishing a new replacement bowl assembly for Well 19 No.10,11,and 12 each,as specified 1 LS $ 16,225.00 $ 16,225.00 $ 14,750.00 $ 14,750.00 $ 25,300.00 $ 25,300.00 The motor inspection, refurbishing (redip and rebake) and replacement of bearings,testing,and evaluation report by EMS 20 for Well Pump Motor No.10,11,and 12 each 1 LS $ 8,016.00 $ 8,016.00 $ 5,400.00 $ 5,400.00 $ 6,041.00 $ 6,041.00 Remove sandstone and redevelop Well No. 10, 11, and 12 each,approximately 15 cubic yards of loosened sandstone,and 21 measure the sandstone in an approved measuring box 45 UP $ 140.00 $ 6,300.00 $ 200.00 $ 9,000.00 $ 260.00 $ 11,700.00 Two(2)sand content tests per well,as required,including the taking of the sample, delivery and testing of the sample, and 22 reporting the results 6 UP $ 60.00 $ 360.00 $ 100.00 $ 600.00 $ 75.00 $ 450.00 Providing a color video record of Wells No. 10, 11, and 12 23 each,if directed by the Engineer 1 LS $ 5,200.00 $ 5,200.00 $ 3,900.00 $ 3,900.00 $ 4,290.00 $ 4,290.00 Four hours(4)of well testing for yield,drawdown and recovery 24 for Wells No.10,11,and 12 each 12 UP $ 128.00 $ 1,536.00 $ 100.00 $ 1,200.00 $ 145.00 $ 1,740.00 $ - $ - $ TOTAL $ 146,998.00 $ 148,400.00 $ 181,194.00 Page 2 144CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.02-5566 ITEM NO.: VI. E. Mary Krause Approve Change Order#2 for Charlson Public Works/Engineering Area Phase IV Improvements Division Requested Action Move to: Approve Change Order#2 for the Charlson Area Phase IV Improvements in the amount of$49,861.03. Synopsis This Change Order is for additional work associated with the Charlson Area Phase IV Improvements. The items relate to erosion control and actual field conditions within the Eden Prairie Road corridor of the project. Background Information Phase IV of the Charlson Area Improvements is the final phase of improvements associated with the Charlson Area Feasibility Study. The majority of the work for the project was completed in 2004. The Change Order addresses the following changes during the project: • Construction of a retaining wall adjacent to a bituminous trail and slopes adjacent to 9250 Hilltop Road. • Watermain lowering. • Erosion Control to protect Riley Creek. • Electrical connection to an aerial power source for Flying Cloud Airport. • Permanent fence around MAC property. • Traffic Control painting. Attachments • Change Order No. 2 for I.C. 02-5566 "1 ti . cobs,....Guam,letc. Page 1 of 2 CHANGE ORDER NO. 2 Date: February 9,2005 To: City of Eden Prairie City Improvement Contract No. I.C. 02-5566 Contractor: S.M.Hentges&Sons,Inc. Engineer: SRF Consulting Group,Inc. Location: Charlson Area Improvements Phase IV Nature of Changes: 1. Due to the steep slopes and a proposed bituminous walk adjacent to Eden Prairie Road at 9250 Eden Prairie Road,the existing retaining wall needed to be extended. 2. A drain tile stub was installed at structure No.214A,to provide for drainage from an adjacent farm field. 3. Due to the existing water main being 2.5 feet lower than anticipated, the proposed 8"water main connection at the Grace Church entrance needed to be installed at a lower depth. 4. Due to construction staging at the transition between the curbed section of new Eden Prairie Road and the existing rural section of Eden Prairie Road, bituminous flumes with riprap were constructed to prevent future erosion problems along Eden Prairie Road near Riley Creek. 5. An underground connection from the lift station located on the west side of Eden Prairie Road to an Xcel Energy's aerial power source on the east side of Eden Prairie Road was installed so that the new bituminous roadway and concrete curb was not damaged. Additional conduit, wiring and a disconnect box were installed. S. Due to construction staging and to provide security for Flying Cloud Airport, approximately 1,125 feet of security chain link fence was installed as a permanent fence along the airport property. ;The fence was 8 feet in height with three(3) strands of steel wire above the fence. This replaced the permanent fence around the airport property that was disturbed during construction 7. To accommodate construction staging, pavement arrow messages were installed for traffic control purposes along CSAH 4 and Eden Prairie Road. 8. In order to prevent erosion problems along Eden Prairie Road and to protect Riley Creek during the various construction stages, a rock dike and a sediment basin were constructed near Riley Creek. A riser standpipe and corrugated metal pipe were installed to regulate the storm water flow from the Eden Prairie Road and CSAH 4 storm sewer system. Adjustment to Contract Price: **INCREASE** Item No. Item Description Unit Unit Price Estimated Amount Quantity 1. 2411.618 Modular Block Retaining Wall Lump Sum $ 9,251.38 1 $ 9,251.38 2. 2502.603 Install 4"TP Drain Tile Lump Sum $ 853.55 1 $ 853.55 3. 2504.603 Lower 8"Water Main Lump Sum $ 806.40 1 $ 806.40 4. 2531.618 Bituminous Flumes Lump Sum $ 1,378.13 1 $ 1,378.13 5. 2545.603 Electrical Conduit and Wire Lump Sum $ 2,989.04 1 $ 2,989.04 6. 2557.603 Fence Design Special Lump Sum $27,253.46 1 $27,253.46 7. 2564.602 Pavement Message(Right Arrow)Paint Each $ 86.63 5 ' $ 433.15 8. 2575.601 Erosion Control Special Lump Sum $ 6,895.92 1 $ 6,895.92 TOTAL $49,861.03 Charlson Area Improvements Phase IV Change Order No.2 Page 2 SUMMARY OF CONTRACT CHANGES: Contract amount prior to Change Order No.2: $2,564,211.90 Net increase resulting from Change Order No.2: $ 49,861.03 Current Contract amount including Change Order No. 2: .$2,614,072.93 Issued By: i� 9 Z D /� SRF NSULTING GROUP,INC. Date Approved By: S.M.HENTGE &SO S,INC. Date Accepted By CITY OF EDEN PRAIRIE Date SRF.Vo13:H:Civi11047137261DOC13726Kerttges Change Order No.2doc 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5527 ITEM NO.: VI.F. Randy Newton, Approve additional design fee for SRF Public Works/Engineering Consulting Group,Inc. for the final design of the TH 212/Prairie Center Drive Intersection Improvements. Requested Action Move to: Approve additional design fee with SRF Consulting Group, Inc. for the final design of the TH 212/Prairie Center Drive Intersection Improvements. Synopsis SRF is requesting and additional $60,000 design fee for the TH 212/Prairie Center Drive Intersection Improvements project. The request is a result of the extra work they performed in successfully completing the design of the project. Background Information The TH 212 / Prairie Center Drive Intersection Improvements project is a cooperative project with Mn/DOT that will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. The plans and specifications for the project were approved at the December 7, 2004 City Council Meeting and the construction award is being presented to Council for consideration at the February 15, 2005 City Council Meeting. Throughout the course of the final design process SRF completed a number of extra work items in order to successfully keep the project moving forward. Key factors causing the extra work included: a larger and more complex project than initially anticipated, coordination with the ongoing Fountain Place development, and the re-bid of the project. The Professional Services Agreement with SRF is currently for$291,108 of which approximately$180,000 is for design. SRF is requesting an additional$60,000 in design fees, bringing the design total to $240,000. This is approximately 14%of the estimated $1.7 million construction cost,which is reasonable given the size and complexity of the project. Based on these factors, staff recommends approval of the additional design fees. Attachments SRF Letter • • RFCONSULTING GROUP , INC .. Transportation•Civil•Structural•Environmental■Planning•Traffic■Landscape Architecture■Parking January 14,2005 SRF No.0034775 0120 • Mr.Randy Newton,P.E. CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344-2230 • Dear Randy. SUBJECT: TH 212 AND PRAIRIE CENTER DRIVE EDEN PRAIRIE IC 01-5527 As you are aware, we have provided the City with a significant amount of additional services for the referenced project. We have exceeded our original budget estimate for the design phase of the project and respectfully request a budget increase to cover our additional work. The plans and specifications were approved by Mn/DOT in 2004, and the City opened bids on July 29, 2004. These bids were rejected based on cost and scheduling concerns. At this time, the project is currently out for bids again with a bid opening date scheduled for February 3, 2005. The final design process was much more time consuming than we had planned, due mainly to Mn/DOT's approval process-that included two final plan reviews and changing staff within Mn/DOT functional groups. Other areas of significant extra work included: .. • Coordination with Mikan/Westwood Development ■ Cost estimate for turn lane extension at Fountain Place • Revisions to the trail location • Developing complex pavement sections(bituminous over old concrete) • Developing very detailed construction staging plans including construction of a temporary signal • High level of Mn/DOT geotechnical coordination ■ Unexpected design exception task required by Mn/DOT ■ Re-bidding the project and plan revisions SRF submitted our proposal for final design services in March 2003, based on the preliminary layout that was approved by Mn/DOT in August 2002. The preliminary construction cost estimate was $1,200,000. Our current engineer's estimate is $1,704,000, and represents a 42 percent increase over the initial estimate. This is clearly a larger,more complex project than was initially anticipated Based on this information, we request that our budget be increased by $60,000. We are planning to assist the City with construction administration services this summer. Please feel free to contact us to discuss any questions you have regarding our budget increase request. Sincerely, SRF CONSULTING G OUP,INC. /go 0 f:7 4 4 Allatthew D.Hansen,P.E. Principal SRF.Yo131NICivi11047147751DoclLeuerEdenPrairie011405.doe One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4143 Telephone (763) 475-0010 ■ Fax (763) 475-2429 ■ http://www.srfconsulting.com An Equal Opportunity Employer CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5527 ITEM NO.: VI. G. Randy Newton, Approve resolution awarding Public Works/Engineering Construction Contract for TH 212 at Prairie Center Drive Intersection Improvement. Requested Action Move to: Approve resolution awarding construction contract for I.C. 01-5527(TH 212 at Prairie Center Drive Intersection Improvement)to Midwest Asphalt Corporation. Synopsis Sealed bids were received Thursday February 3, 2005, for this project. Seven (7)bids were received and are summarized in the Summary of Bids. The low bid in the amount of $1,624,299.83 was submitted by Midwest Asphalt Corporation and is 4.5%below the Engineer's Estimate. Staff has reviewed the bids and recommends awarding the contract for the project to Midwest Asphalt Corporation in the amount of$1,624,229.83. Background Information The TH 212/Prairie Center Drive project will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. The plans and specifications for the project for the project were approved at the December 7, 2004 City Council meeting. Financial Implications Through the Municipal Agreement Program Mn/DOT is contributing$530,500 towards the construction of the project. The City of Eden Prairie is responsible for the remainder of the construction costs(approximately$1,100,000). The City costs are anticipated to come from the Major Center Area Construction Fund. Attachments • Consultant's Recommendation Letter • Resolution t4CONSULTING GROUP , INC . Transportation•Civil•Structural•Environmental •Planning•Traffic•Landscape Architecture■Parking SRF No.0034775 0120 February 9, 2005 Mr. Alan Gray, P.E. City Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344-2230 Dear Mr. Gray: SUBJECT: T.H.212 AT PRAIRIE CENTER DRIVE EDEN PRAIRIE I.C.01-5527 SP 2744-57 Sealed bids were received for the referenced project on Thursday, February 3, 2005, at the Eden Prairie City Offices. Seven (7) bids were received and we have enclosed a complete bid abstract. The Engineer's Estimate for this project is $1,703,736.35. The Contractors and their bid amounts are as follows: Contractor Bid Amount Midwest Asphalt Corporation • $1,624,229.83 Hardrives, Inc. $1,694,569.14 Bituminous Roadways, Inc. $1,709,363.85 Park Construction Company $1,754,955.63 Valley Paving, Inc. $1,800,254.18 Eureka Construction, Inc. $1,832,556.65 C.S. McCrossan Construction,Inc. $1,925,557.31 We understand that the City of Eden Prairie reviewed the low bidder's qualifications and concur that Midwest Asphalt Corporation meets the minimum requirements. We recommend award of the Improvement ' Contract No. 01-5527 to Midwest Asphalt Corporation in the amount of $1,624,229.83. If you have any questions,please feel free to contact us. Sincerely, SRF CONSUL GR UP,INC. athen A. Will Associate Enclosure SRF.Vo13/H1Civil104 714 775 1DOC14775LetterGray2-9-05.doc One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 • Fax (763) 475-2429 • http://www.srfconsulting.com An Equal Opportunity Employer CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2005- RESOLUTION ACCEPTING BID TH 212 AT PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS I.C. 01-5527 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C.01-5527: TH 212 at Prairie Center Drive Intersection Improvements 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 Midwest Asphalt Corporation 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 Midwest Asphalt Corporation in the name of the City of Eden Prairie in the amount of $1,624,229.83 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 February 15, 2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. H. Office of the City Manager, Resolution Authorizing Hennepin Scott Neal County to Enforce Hennepin County Smoke-Free Ordinance Requested Action Move to: Adopt Resolution authorizing the Health Authority of Hennepin County to enforce Hennepin County Ordinance No. 24- as amended(Version 1) 10-5-04"Smoke-Free Ordinance." Synopsis The ordinance adopted by the Hennepin County Board of Commissioners restricting smoking in Hennepin County bars and restaurants will go into effect on March 31, 2005. The ordinance requires local Police Departments to enforce the ordinance, unless a City adopts a resolution to enable the Hennepin County Public Health Authority to conduct the compliance and enforcement activities for the new ordinance. Staff recommends that the City Council adopt such a resolution to enable the County's Public Health Authority to enforce the ordinance in Eden Prairie. The attached Resolution was drafted by the City Attorney to comply with the County's ordinance. If this Resolution is adopted by the Council, the County,not the City,will be responsible for enforcing the new ordinance within Eden Prairie. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- RESOLUTION AUTHORIZING THE HEALTH AUTHORITY OF HENNEPIN COUNTY TO ENFORCE HENNEPIN COUNTY ORDINANCE NO.24 AS AMENDED (VERSION 1) 10-5-04 "SMOKE-FREE ORDINANCE." WHEREAS, Hennepin County enacted Ordinance No. 24- As Amended (Version 1) 10- 5-04 Smoke-Free Ordinance (hereinafter "Smoke-Free Ordinance") to prevent secondhand smoke exposure to patrons and employees of food establishments, and protect the health of children and those with chronic health conditions in Hennepin County; and WHEREAS, the Smoke-Free Ordinance grants to a statutory city the power to vest its authority to enforce this ordinance to the Hennepin County Human Services Department and its designated employees, agents, or contractors, as the Hennepin County Board may designate (hereinafter the"Health Authority") by providing verification to Hennepin County in the form of a resolution of the City Council; and WHEREAS,the City of Eden Prairie (hereinafter the "City") is a Class B statutory city; and WHEREAS, the City desires to grant authority to the Health Authority to enforce the Smoke-Free Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF EDEN PRAIRIE, MINNESOTA THAT the City intends to have the Health Authority enforce the Smoke-Free Ordinance. ADOPTED by the City Council this 15th day of February, 2005. Nancy Tyra-Lukens,Mayor ATTEST: (Seal) Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearings February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Community Development/Planning Eden Prairie Inn Pool Addition Janet Jeremiah/Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.29 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Highway Commercial Zoning District on 1.29 acres; and • Adopt the Resolution for Site Plan Review on 1.29 acres; and • Adopt the Resolution for Preliminary Plat on 1.29 acres into one lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for construction of a 1,400 square foot pool addition for the hotel. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project to the City Council at its January 24, 2005 meeting. Background Information The existing two and one-half story hotel is 24,500 sq. ft. and was granted a floor area ratio variance at the time of its approval from 0.40 to 0.44. The proposed pool addition will increase the floor area ratio to 0.46 requiring a waiver through the PUD. Since a pool is a typical amenity of a hotel and that setbacks and parking will meet code,the waiver may be reasonable. Six parking stalls affected by the addition will be relocated along the west property line to meet code. A trash enclosure has been incorporated into the plans as recommended in the staff report. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff Report dated January 21,2005 4. Unapproved Planning Commission Minutes dated January 24,2005 EDEN PRAIRIE INN POOL ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN PRAIRIE INN POOL ADDITION FOR EDEN PRAIRIE LODGING,L.L.C. WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned hit Development eD)Concept of certain areas located within the City;and WHEREAS, the Planning Commission did conduct a public hearing on January 24, 2005, on Eden Prairie Inn Pool Addition by Eden Prairie hdging,IIC. and considered their request for approval of the PD Concept plan and recommended approval of the request to the City Council;and WHEREAS,the City Council did consider the request on February 15, 2005. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Prairie Inn Pool 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 PD Concept approval as outlined in the plans stamp dated February 8, 2005. 3. That the PD Concept meets the recommendations of the Planning Commission January 24, 2005. ADOPTED by the Eden Prairie City Council this 15th day of February, 2005. Nancy Tyra-Likens, Mayor ATTEST: Kathleen Porta, City Clerk • EXHIBIT A PUD Concept- Legal Description: Those part of his 1 and 2, Block 2, FENCCDD CENTER, ACCORDINCTO THE RECORDED PIT THEREOF,Hennepin County,Mi nnesota,lying northwesterly of the following described line: Beginning at the point of the north line of said hi 1,dist ant 164.4Teet east of the northwest corner of said hi 1, thence southwesterly parallel with the westerly line of said his 1 and 2 to the southerly line of said hi 2 and said line there terminating. EDEN PRAIRIE INN POOL ADDITION CITY OF E DEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PRAIRIE INN POOL ADDITION FOR EDEN PRAIRIE LODGING,L.L.C. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Eden Prairie Inn Pool Addition for Eden Prairie Lodging, L.L.C. stamp dated February 8, 2005, and consisting of 1.29 acres into 1 lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15th day of February,2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: January 21, 2005 SUBJECT: Eden Prairie Inn Pool Addition APPLICANT/ FEE OWNER: Eden Prairie Lodging L.L.C. LOCATION: 11500 West 78th Street REQUEST: 1. Planned Unit Development Concept Review on 1.29 acres 2. Planned Unit Development District Review with waivers on 1.29 acres 3. Zoning District Amendment within the Highway Commercial Zoning District on 1.29 acres 4. Site Plan Review on 1.29 acres 5. Preliminary Plat of 1.29 acres into one lot Staff Report-Eden Prairie Inn Pool Addition January 21,2005 Page 2 BACKGROUND This site was approved for the existing hotel in 1984. The property is guided Regional Commercial and zoned Highway Commercial. Surrounding land use is Regional Commercial. The owners of the hotel are working to join with Best Western Hotels. SITE PLAN The proposal is to construct a 1,400 square foot pool addition. The addition meets the setbacks for the Highway Commercial zoning district. Six parking stalls affected by the addition will be relocated along the west property line to meet code. The existing two and one-half story hotel is 24,500 sq. ft. and was granted a floor area ratio variance at the time of its approval from 0.40 to 0.44 since the hotel met code for setbacks and parking. The proposed pool addition will increase the base area ratio to 0.17. Code maximum is 0.30. The floor area ratio will increase to 0.46 requiring a waiver through the PUD. Since a pool is a typical amenity of a hotel and that setbacks and parking will meet code, the waiver may be reasonable. GRADING AND TREE LOSS Relocation of the six parking stalls will result in the loss of three significant trees totaling 69 diameter inches. There are 283 diameter inches of significant tree on the property Required tree replacement is 22 caliper inches and is included as part of the project. DRAINAGE AND UTILITIES The building is connected to city sewer and water. ARCHITECTURE The single-story pool addition meets the 75% face brick requirement in the Highway Commercial zoning district. A trash enclosure constructed of face brick to match the building will need to be constructed as part of the project. LANDSCAPING The proposed building addition requires 4 caliper inches. Together with the tree replacement, a total of 26 caliper inches is required. The plan meets this requirement. Staff Report—Eden Prairie Inn Pool Addition January 21,2005 Page 3 STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 1.29 acres. • Planned Unit Development District Review on 1.29 acres. • Zoning District Amendment within the Highway Commercial District on 1.29 acres. • Site Plan Review on 1.29 acres. • Preliminary Plat of 1.29 acres into one lot. This is based on plans stamp dated January 10, 2005, and the following conditions: 1. Prior to City Council review,the proponent shall revise the plans to show a trash enclosure for the property constructed of face brick to match the building. 2. Prior to grading permit issuance,the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control on the property. 3. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscaping surety equivalent to 150%of the cost of the landscaping for 26 caliper inches. 4. The following waiver has been granted as part of the PUD: A. Floor Area Ratio of 0.46. Code permits up to 0.40. Area Location Map Eden Prairie inn` Pool Addition Location: 11500 West 78th Street /......-...:?•,..-.. ..,..,:..,.....T..i..:,....,-.-:N...i.•::::::,•:,..,:;-,.::;...:: :::.,--:: /.........,„.,,,,..;,,;;i:„;,„,.:...,,,....,..„..."-.:•:.,...s,::::::;:::,:i-ip,::::,:ii:........!::,:,:::::,,:..::::,„..-:-...--T,.-.,..i..:':.;• -•:..?.:•:;7:-.11::::ii;f::::::...::;.-•...;..:...::-.-::-......,..-:•.,,...... ..••••• ._...,... .......)... .. . ... 494 Leona Rd .. ...... ... ...,... .. ,........._ ......„..:„.„....: _..,.....„.„..._..........,_..,....,.... .„........„ .. .... ... • ...,„............ ..._........,..,,.......:.,_.....,,......._..,.. . .. .. . ... . ,,, . ,.. .... ... . ......... .. .. ...., ...•.. ,:............. .......,.,. .,........_..„.........„......_ .. .._...,...:....,..,.. . ..... .......,..,....,................................. ..."N::::::::...,:::,':•::::-:::,--........---- .,,,„:.,,,,:,:s.....:,,-...:: :,.:.,,, i.-.,.,.!!...:?,:i..,.:.:..-,::,..c.gi-:::-....:,..:,.......,::,,,,,:::-:,:z:.......-:......-.:,:,,,:....:::::.i....;.....!..,....: ...-...,..:6,;:::::::.::)..:,;...-:E.,:c-::-..,..i.:....i...i-E!,...,..,:.....,::,:,..,..:.;;::::,::: ::::!,:.,,.:..2:::::f...,....::.,;.,-1.::......:,riF,ii:E.:.k.!;i:.i..-,...1_, ... . , ..._ .. :;\: 4::'1.1::;!. .2.2::::.::11: 1 ;:: ::::::/:; ;f'ij:-4 '''''''''''''Ji'.:::: :; '''''''''''''''''.7....,,,,,.:::,,....,... a.u.::: i'i).-$:,',,Nig-',....M .'-',-,-..._;:J....',.-..iiiii...ii.--.,i.iiiii . Den Rd. SIT yI1 -. :.7 '''':':'..-...._......-.-„........-...r::!: :..±:.:..:) :;.!& :::::-'sg.. i$:':- '?--'''''''''. 'i411f--...:UO' .2..i.::.,. . r _ s- y :.l : / W 78th St 7„.i.,i,':,."1,.:-..:.„..:.„=!.'...,;'f.„,.,:t i}fs 4" Flying Cloud Dr. a T'l s P "rie center Dr._ --'- r a No Scale: UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 24, 2005 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Ken Brooks,Larry Kacher,Vicki Koenig, Kathy Nelson,Peter Rocheford, Fred Seymour,Ray Stoelting, Jon Stoltz, William Sutherland STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Regina Hen-on, Planner Julie Krull,Recording Secretary I. PLEDGE OF ALLEGIANCE- ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Brooks and Koenig II. APPROVAL OF AGENDA MOTION by Nelson, seconded by Sutherland, to approve the agenda. Motion carried 7-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON JANUARY 10,2005 Stoelting requested that Board Members be changed to Commission Members. MOTION by Nelson, seconded by Sutherland, to approve the minutes. Motion carried 7-0. IV. PUBLIC MEETINGS V. INFORMATIONAL MEETING Vl. PUBLIC HEARINGS Planning Commission Minutes for EP Inn Pool Addition January 24, 2005 Page 2 of 3 C. EDEN PRAIRIE INN POOL ADDITION(2005-4) by Eden Prairie Lodging. L.L.C. Request for Planned Unit Development Concept Review on 1.29 acres, Planned Unit Development District Review with waivers on 1.29 acres,Zoning District Amendment within the Highway Commercial District on 1.29 acres, Site Plan Review on 1.29 acres, and Preliminary Plat of 1.29 acres into 1 lot. Location: 11500 West 78th Street. Harvey Roch, co-owner of the property with Dennis Anderson, stated that they are in the process of taking what was a Super 8 and upgrading the hotel. He stated that they have just finished upgrading the lobby. They would like to upgrade this hotel to a Best Western, which will require them to have a pool. Mr. Roch stated that they concur with the staff report of the recommendations needed for this addition. Stoelting asked Franzen to review the staff report. Franzen stated the staff recommends approval according to the conditions on page 3 of the staff report. Stoelting opened the meeting up for public input. There was no public input. Stoelting asked about the existing storage shed and trash receptacle on the north side of the property, and stated that it was his understanding that the pool was going to be on the north side of the property. He asked if the installation of the pool would cause movement of the storage shed and the trash receptacle. Mr. Roch stated that they have talked with the Zoning and Planning Staff and that they are contemplating moving the storage shed and trash receptacle to the backside of the pool area,which would bring it out of view. He stated that it would be attractively done in either brick or vinyl upgrade. Stoelting asked where it would be located. Mr.Roch stated it would be on the backside of the pool area. Stoelting asked if the north side of the pool would be paved and would there be access. Mr. Roch stated that it would be paved and to the front of it there would also be a patio area. Nelson asked if there were any other upgrades to the hotel besides the lobby. Mr. Roch stated everything inside the rooms have been re-done, except the stools and the bathtubs. All the bathrooms have new sinks, faucets, ceramic tile, and the whole interior has been painted. There have been new beds, pictures, draperies, carpet and wardrobes replaced in all the rooms. Nelson asked if this was part of a complete upgrade and change to the hotel. Mr. Roch stated it was. Nelson stated that everything for the pool looked like it complied with the regulations. Planning Commission Minutes for EP Inn Pool Addition January 24, 2005 Page 3 of 3 Seymour asked Franzen if the existing shed conformed to the City Code, and asked if it was made of wood. Franzen stated that at the time it was built it did conform, but after it was completed,the City did change the ordinance. He stated that since they are moving,they would need to have it comply with the current code. Seymour stated that in the staff report it addressed the trash enclosure but did not address anything about the shed. Seymour asked if the shed was used for trash or storage. Mr.Roch stated it was not used for trash but rather lawn care items. Seymour asked if that was going to be upgraded as well. Mr. Roch stated that they just upgraded that and put on permanent siding. MOTION by Rocheford, seconded by Nelson,to close the public hearing. Motion carried 7-0. MOTION by Stoltz, seconded by Nelson, to recommend approval of a request for Planned Unit Development Concept Review on 1.29 acres, Planned Unit Development District Review with waivers on 1.29 acres, Zoning District Amendment within the Highway Commercial District on 1.29 acres, Site Plan Review on 1.29 acres,and Preliminary Plat of 1.29 acres into 1 lot based on plans dated January 10, 2005, and subject to the recommendations of the staff report dated January 21, 2005. Motion carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B. Community Development/ Planning Janet Jeremiah/Regina Herron Dairy Queen Grill and Chill Requested.Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.09 acres ; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from I-2 to the Neighborhood Commercial District on 1.09 acres; and • Adopt the Resolution for Preliminary Plat of 7.2 acres into 2 lots;and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is for a 3,744 square foot drive-thru fast food restaurant. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of this project at its January 24, 2005 meeting. Background Information A guide plan change from Industrial to Neighborhood Commercial is required. This may have merit based on the following reasons: • The Neighborhood Commercial density land use would be compatible with the surrounding uses. • The Neighborhood Commercial land use will not significantly impact the balance of land uses in the city. Waivers for parking setbacks and lot size are required. The parking setback waivers are the result of right of way needed for road improvements. The smaller lot size is consistent with smaller commercial lots in the area. Dairy Queen Grill and Chill Page 2 of 2 The plans have been revised according to the staff report and Planning Commission recommendations. Prior to City Council second reading the developer will revise plans to meet the requirement for 75%face brick, glass or natural stone on the exterior walls. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Staff Report dated January 21, 2004 5. Unapproved minutes of the January 24, 2005, Planning Commission Meeting DAIRY QUEEN GRILL AND CHILL COUNTY ROAD 4 AND TERREY PINE DRIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Dairy Queen Grill and Chill, by Frauenshuh Companies for a 3,744 square foot restaurant requires amendment of the Plan. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota,hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 1.09 acres from Industrial to Neighborhood Commercial, located at County Road 4 and Terrey Pine Drive. ADOPTED by the Eden Prairie City Council this 15th day of February,2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DAIRY QUEEN GRILL AND CHILL COUNTY ROAD 4 AND TERREY PINE DRIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF DAIRY QUEEN GRILL AND CHILL FOR FRAUENSHUH COMPANIES 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 January 24, 2005, on Dairy Queen Grill and Chill by Frauenshuh Companies 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 February 15, 2005. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Dairy Queen Grill and Chill, 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 January 20, 2005. 3. That the PUD Concept meets the recommendations of the Planning Commission January 24, 2005. ADOPTED by the Eden Prairie City Council this 15th day of February, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: All that part of Lot 1,Block 1,PRAIRIE GREEN according to the recorded plat thereof,Hennepin County,Minnesota,which lies north of the following described line: Commencing at the northeast corner of said Lot 1, Block 1; thence on an assumed bearing of SOUTH along the east Line of said Lot 1, a distance of 226.34 feet; thence South 87 degrees 24 minutes 58 seconds West,a distance of 209.91 feet to a point on the west line of said Lot 1, Block land said line there terminating. Note: This parcel is to be platted as Lot 1, Block 1, PRAIRIE GREEN SECOND ADDITION. DAIRY QUEEN GRILL AND CHILL COUNTY ROAD 4 AND TERREY PINE DRIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION APPROVING THE PRELIMINARY PLAT OF DAIRY QUEEN GRILL AND CHILL FOR FRAUENSHUH COMPANIES BE IT RESOLVED,by the Eden Prairie City Council as follows: • That the preliminary plat of Dairy Queen Grill and Chill for Frauenshuh Companies stamp dated January 20, 2005, and consisting of 7.2 acres into 2 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 15th day of February, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner I THROUGH: Michael D.Franzen, City Planner DATE: ` January 21, 2005 SUBJECT: Dairy Queen Grill and Chill LOCATION: Southeast Corner of Eden Prairie Road and Terrey Pine Drive REQUEST: • Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.09 acres • Planned Unit Development Concept Review on 7.2 acres • Planned Unit Development District Review with waivers on 1.09 acres • Zoning District Change from I-2 to Neighborhood Commercial on 1.09 acres • Site Plan Review on 1.09 acres • Preliminary Plat of 7.2 acres into 2 lots. Staff Report— January 24,2005 PROJECT This site is part of the Prairie Green Storage Facility Expansion PUD approved in 1997 for Industrial Use. The north one acre of the property was left vacant. The request is for a Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on the vacant 1.09 acres in order to build a 3,744 square foot drive-thru fast food restaurant. The site is zoned Industrial Park, 2-Acre Minimum (I-2), and will need to be rezoned to Neighborhood Commercial. GUIDE PLAN Changing the site from Industrial to Neighborhood Commercial will not significantly impact the balance of land uses in the city. The chart below highlights the Industrial and Neighborhood Commercial acreage in the city: City of Eden Prairie Existing Land Use,July 6,2001 Acres %Total Land Use Type Acres Residential 6,625.76 29.3% Low Density Residential 5,275.51 23.34% Low Density Residential/Public/Open Space 0 0 Medium Density Residential 1,195.55 5.29% Medium Density Residential/Office 0 0 High Density Residential 154.70 0.68% Commercial 536.46 2.37% Regional Commercial 427.66 1.89% Communi Commercial 67.74 0.29% Office 453.83 2.00% Office 453.83 2.00% Office/Industrial 0 Medium Density Residential/Office 0 Industrial 1387.92 6.14% Industrial Office 0 0 Park/Open Space 4,694.60 20.77% Park/Open Space 4,694.60 20.77% Office/Public/Open Space 0 Public/Quasi-Public 1,480.82 6.55% Church/Cemetery 219.36 0.97% 2 Staff Report— January 24,2005 Rural/Vacant 2,116.42 9.36% Water 1,926.98 8.53% Right-of-Way 3,151.32 13.95% Total 22,594.46 100% Land Within MUSA 19,796.62 87.61 Land Outside of MUSA 2,800.92 12.39 The properties to the South and East are guided Industrial. The proposed Neighborhood Commercial Land Use is compatible with the surrounding parcels to the North and West which are guided Neighborhood Commercial. The proposed buildingis 3 7 44 square feet. Typical developments within the Neighborhood. p p q Y P P Commercial Land Use consist of 50,000 square feet or less. SITE PLAN The site plan shows a 3,193 square foot restaurant. The proposal meets parking,floor area ratio and base area ratio requirements. Waivers for setbacks and lot size are required. PLANNED UNIT DEVELOPMENT WAIVERS • Lot size from 2 acres to 1.09 acres. • Front yard parking setback on Terrey Pine Drive from 35 feet to 24.67 feet. • Front yard parking setback on County Road 4 (Eden Prairie Road) from 17.42 feet to 14 feet. There are 11 neighborhood commercial sites in the city, four of which are less than two acres. Burger King and Superamerica are less than two acres. The parking setback waivers are the result of right of way needed for road improvements. ARCHITECTURE The plan meets the requirement for 75%face brick, glass, or natural stone on the exterior walls. TREE LOSS AND LANDSCAPE PLAN The total landscape requirement is 115 caliper inches. The plan shows 106 caliper inches. The plan should be revised to show 9 additional caliper inches. 3 Staff Report January 24,2005 1RAFFIC Terrey Pine Drive should be widened to a total width of 42 feet(face of curb to face of curb)to provide two outbound lanes(a 14 foot through/right lane and a 12 foot left turn lane) and 1 inbound lane(16 feet) on the east leg of the CSAH#4(Eden Prairie Road)/Terrey Pine Drive intersection. In order to best align with the west leg of the intersection the widening should occur on the south side of Terrey Pine Drive. To accommodate the widening the curb radii in the southeast corner of the intersection will need to be reconstructed. DRAINAGE Part of the stormwater drains to an existing treatment pond to the south. Part of the stormwater will drain to a new stormwater pond in the northeast corner of the site. LIGHTING 25 foot high downcast lighting is provided in the parking lot. SIGNS The proposed location of the pylon sign does not meet the required 20 foot setback for free standing signs. Moving the sign an additional 16 feet to the south would meet this requirement.Reduce the sign area of the pylon from 96 square feet 80 square feet to meet code requirements. Lower the wall signs on the side (entrance) and front (patio) elevations to below the parapet wall to meet code requirements. There is an existing monument sign for the storage facility located on the west side of the property. Since off site signs are not permitted the developer should work with the existing property owner to remove or relocate the sign. UTILITIES City sewer and water is adjacent to the site. SUMMARY The Planning Commission should discuss the following questions: 1. Should the land remain Industrial or be changed to Neighborhood Commercial? 2. Should the waivers for lot size and parking setback be granted? 4 Staff Report January 24,2005 Changing the guide plan would be compatible with the surrounding commercial area. The smaller lot is consistent with smaller commercial lots in the area. The parking setback waiver is the result of right of way needed for roadway improvement. STAFF RECOMMENDATION • Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.09 acres • Planned Unit Development Concept Review on 7.2 acres • Planned Unit Development District Review with waivers on 1.09 acres • Zoning District Change from I-2 to Neighborhood Commercial on 1.09 acres • Site Plan Review on 1.09 acres • Preliminary Plat of 7.2 acres into 2 lots. This is based on plans dated January 20, 2005, and the following conditions: 1. Prior to City Council review: A. The landscape plan shall be revised to include 9 additional caliper inches. B. The site plan shall be reviewed to show the freestanding pylon sign a minimum of 20 feet from the side property line. C. The applicant shall reduce the sign area of the pylon from 96 square feet to 80 square feet. D. The applicant shall lower the wall signs on the side (entrance) and front (patio) elevations to below the parapet wall. E. The site plan shall to show the required road improvements. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 2. Prior to building permit issuance for the property,the proponent shall: A. Relocate the existing off-site freestanding sign. B. Provide a plan for screening of mechanical equipment that includes the roofline of the building and the location and height of equipment. C. Pay the Cash Park Fee. 5 Area Location Map - Dairy Queen Grill and Chill Location: SE Corner of Eden Prairie Road and Terrey Pine Drive I 1 I J \ \, II filtHIL/' ?_ \ \) ‘ \ , __. v,, / z ..., , i 7 , , ' ' `i---------- Highway #5 - ) / J` `-� \...... , f...._ , < r „,_ Terrey Pine Dr. Eden Prairie Rd. Co. Rd. 4 \\ \ / _____\_. /Y-se-r/ \1IL \ Lincoln La. // , s;s LDO/ 4 / ; ® K lumber Lake Dr. // S �. i V 03 @ iV 0 / / a ) � H / UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 24,2005 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Ken Brooks, Larry Kacher, Vicki Koenig, Kathy Nelson, Peter Rocheford, Fred Seymour,Ray Stoelting, Jon Stoltz, William Sutherland STAFF MEMBERS: Stu Fox,Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Regina Herron,Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE- ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Brooks and Koenig II. APPROVAL OF AGENDA MOTION by Nelson, seconded by Sutherland,to approve the agenda. Motion carried 7-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON JANUARY 10,2005 Stoelting requested that Board Members be changed to Commission Members. MOTION by Nelson, seconded by Sutherland,to approve the minutes. Motion carried 7-0. IV. PUBLIC MEETINGS V._ INFORMATIONAL MEETING VL PUBLIC HEARINGS Planning Commission Minutes for DQ Grill&Chill January 24,2005 Page 2 of 4 D. DAIRY QUEEN GRILL AND CHILL,(2005-1)by Frauenshuh Companies. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.09 acres, Planned Unit Development Concept Review on 7.2 acres,Planned Unit Development District Review with waivers on 1.09 acres, Zoning District Change from 1-2 to Neighborhood Commercial on 1.09 acres, Site Plan Review on 1.09 acres, and Preliminary Plat of 7.2 acres into 2 lots. Location: County Road 4 and Terry Pine Drive John Donnelly,with the Frauenshuh Companies Hospitality Group, stated that he and Nick Speridies are present at the meeting to answer any questions that the Staff had pertaining to their guide plan change. Mr. Speridies stated that they are presenting the second of two projects. This current project is located on County Road 4,just south of Burger King on Highway 5. The site is off of the Terry Pine Drive culd-a-sac. The building will be located more towards the center of the site. The previous project on Aztec Drive shifted the building to one side. Mr. Speridies stated that by having the single access off of Terry Pine Drive, circulating the traffic around, satisfied requirements of stacking, and interfering with public ways. He stated that they have complied with all of the requirements of the site in working with Mr.Franzen and Ms. Herron. He stated that they would be widening Terry Pine Drive, at the recommendation of the Engineering Staff. Mr. Speridies stated that three of the issues suggested for approval this evening are related to signage, which they have not yet submitted for permit. He stated that they would continue to work on signage. In regards to the landscaping, he stated that this site was subject to an increased landscape caliber inch count due to the site adjacent to the south,the mini-storage facility,not having completed all the landscaping. He stated that they would need to accommodate for additional landscaping. Through the calculation of that said number he stated that they need to add three 3-inch trees to the site plan. Mr. Speridies said that the photographs in the packet are of the recently built Grill and Chill in Hopkins. He stated it is the newest building type that they are doing and that it was the best way for the Board to view the new concept of the building. Stoelting asked Mr. Speridies to go over the planned unit development waivers, particularly the front yard parking setback on Terry Pine Drive from 35 feet to 24.67 feet and then the front yard-parking setback on County Road 4, from 17.42 feet to 14 feet. Mr. Speridies stated that in working with Engineering and Transportation, it was deemed necessary to change the right of way dimension of the existing property line by an additional 10 feet to the north and 15 feet to the west. He stated that the slope on this site makes it difficult to put in a flat parking lot. He stated that they do have a retaining wall but they would need to reduce the Planning Commission Minutes for DQ Grill&Chill January 24,2005 Page 3 of 4 size of the site for the right-of-way. Mr. Speridies stated that rather than continue to push the dimensions of the site plan,they left them as is, and that is the reason for the variance. Stoelting reiterated that it is the right-of-way that is causing the variance request. Stoelting asked Herron to review the staff report. Herron stated that there are two questions that the Planning Commission should consider in regards to the variance. The first question is, should the land remain industrial or should it be changed to neighborhood commercial. Staff is in favor of this. The second question is, should the waivers for lot size and parking setbacks be granted. Staff is in favor of this. Staff also recommends approval according to the conditions on page 5 of the staff report. Stoelting opened the meeting up for public input. There was no public input. Kacher asked Donnelly if they were associated with the Dairy Queen that recently closed in Eden Prairie. Mr. Donnelly stated that they purchased the Dairy Queen and ran it for approximately 24 hours and closed it at the end of its lease term. It was not an owned property. That, in effect, opened up a territory to find other sites and build restaurants. Kacher asked if this site was better than the other site. Mr. Donnelly stated that the other site had only 15 parking stalls and could only stack through the drive-through. He stated that they are not a fast food restaurant, but are considered casual dining;that they run the opposite percentages of drive-thru versus dine in. He stated that they are about 30 percent drive-thru, and still want the concept of the drive-thru for customer convenience. Mr. Donnelly said that they wanted to find a property that they could own and one that was in a better location and have the land area that they could build the building that they have designed. Kacher asked Staff if there were any guidelines in terms of placing one similar restaurant so close to another, which would be the Burger King. Franzen stated that there was not. Nelson commented on the building in the photo and said that the sign comments need to be addressed. She stated that it has higher signs than what the Staff typically sees, but understands that this is a photo of the Hopkins Grill and Chill and not necessarily the same as the one in Eden Prairie. Mr. Speridies stated that it would typically look like the photo, but the comment about the signs exceeding the parapet edge depends on which city the Grill and Chill is built in.He also stated that the do not construct a typical Planning Commission Minutes for DQ Grill&Chill January 24,2005 Page 4 of 4 pylon sign for the Grill and Chill, but have a stone pier that matches the stone on the building and the signage pieces are placed on that. Mr. Speridies stated that their signage consultants would be coming in at the time of permit to to discuss that issue. Nelson stated that the sign over the top of the parapet is the one that bothers her the most, and does not meet what the City allows. MOTION by Stoltz, seconded by Nelson,to close the public hearing. Motion carried 7-0. MOTION by Rocheford, seconded by Kacher,to recommend approval of a request for Comprehensive guide Plan Change from Industrial to Neighborhood commercial on 1.09 acres, Planned Unit Development Concept Review on 7.2 acres,Planned Unit Development District Review with waivers on 1.09 acres, Zoning District Change from I-2 to Neighborhood Commercial on 1.09 acres, Site Plan Review on 1.09 acres, and Preliminary Plat of 7.2 acres into 2 lots based on plans dated January 20, 2005 and subject to the recommendations of the staff report dated January 21, 2005. Motion carried 7-0. VII. MEMBERS' REPORTS VIII. CONTINUING BUSINESS IX. NEW BUSINESS X. PLANNERS' REPORTS XI. ADJOURNMENT MOTION by Nelson, seconded by Rocheford,to adjourn the meeting. Motion carried 7-0. There being no further business,the meeting adjourned at 7:45 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. C. Housing and Human Services 2003 Community Development Block Molly Koivumaki Grant(CDBG)Reallocation and 2005 CDBG Recommendations Requested Action Move to: • Close the Public Hearing; and • Adopt Resolution approving the reallocation of 2003 CDBG funds; and ■ Adopt Resolution approving the use of 2005 CDBG funds as recommended by the Eden Prairie Human Services Committee Synopsis For 2005, CDBG Funding is $296,889; and the amount of money available for distribution to human services providers under the 15% guideline is $44,533. The Human Services Review Committee reviewed the 2005 CDBG proposals and recommended the following activities be funded. # Human Services Activity Funding County Level Priority 1 PROP(People Reaching Out to Other People) $13,500 High 2 GMDCA(Child Care Subsidy) $14,273 High 3 HOME(Household& Outside Maintenance for $6,000 High the Elderly) 4 HomeLine(Tenant's Advocacy Service) $3,800 High 5 Immigrant Support& Skills Group $6,960 High Sub Total $44,533 Housing Activities Funding County Level Priority 6 Housing Rehabilitation Deferred Loan Program $100,000 High 7 Affordable Housing/Land Trust $152,356 High Grand Total $296,889 Background Information The discussion of how to distribute the 2005 CDBG funds through the Human Services Review Committee included a complete review of all "Request for Funding" applications as well as looking at the distribution percentage of funds in 2004. The Committee's goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. HOPE is not requesting funds during this cycle, so their percentage has been redistributed to ISS Group. ISS Group stands for Immigrant Support and Skills Group, which is an educational program offered by the Housing and Human Services Office. • Homeline will receive the same percentage of funding from 2004 to 2005 (both 1.28%), but that does mean an increase of$800 to that group, with$3,000 in 2004 growing to $3,800 in 2005. • PROP's funding went from 4.32%to 4.55%, and they will receive their 2005 funding requested amount, an increase of$3,400,with$10,100 in 2004 growing to $13,500 in 2005. • GMDCA's funding went from 4.27%to 4.81%, and they will receive an overall increase of$4,273, with $10,000 in 2004 growing to$14,273 in 2005. They did not get their requested amount of$15,000. • HOME's funding went up $1,000 to their requested amount, with$5,000 in 2004 growing to$6,000 in 2005; but their overall percentage does go from 2.14% in 2004 to 2.02% in 2005. • New for 2005 is the Immigrant Skills and Support Group(or ISS Group), receiving their 2005 requested amount of$6,960;this is 2.34%of the CDBG allocation, overall. Attachments - CDBG Funding Distribution for 2005 - 2005 CDBG Summary of Proposals - Resolutions CDBG Funding Distribution for 2005 CDBG funding distribution for 2004. CDBG Funding for 2004 Amt. $234,000 15% _ $35,100 CDBG Funding Distribution for 2004 Group Amt %Pct PROP $10,100 4.32% HOPE $7,000 2.99% GMDCA $10,000 4.27% HOME $5,000 2.14% Homeline $3,000 1.28% Total = $35,100 15.00% CDBG funding distribution for 2005 CDBG Funding for 2005 Amt. $296,889 15% = $44,533 CDBG Funding Distribution for 2005 2004 2005 2005 Awarded 2004 Requested Awarded 2005 Group Amt %Pct Amt Amt %Pct PROP $10,100 4.32% $13,500 $13,500 4.55% HOPE $7,000 2.99% $0 $0 0.00% GMDCA $10,000 4.27% $15,000 $14,273 4.81% HOME $5,000 2.14% $6,000 $6,000 2.02% Homeline $3,000 1.28% $10,000 $3,800 1.28% ISS Group n/a 0.00% $6,960 $6,960 2.34% Total = $35,100 15.00% $51,460 $44,533 15.00% The discussion of how to distribute the 2005 CDBG funds through the Human Services Review Committee included a complete review of all"Request for Funding"applications as well as looking at the distribution percentage of funds in 2004. The Committee's goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. � 3 2005 CDBG summary of Pr©posals Funding Level Clients Activity Agency Purpose Served Recommended 2004 Childcare Greater Mpls. $14,273 Subsidize childcare for EP working subsidy Daycare families 6 Association Household chores Senior Comm. $6,000 Provide outside maintenance and 40 &maintenance for Services chore service to people 60 and older households elderly (HOME) Tenant advocacy HomeLine $3,800 Provide tenant information and 93 services advocacy;tenant hotline to resolve tenant/landlord issues Financial housing PROP $13,500 Emergency financial assistance for 66 assistance rent/mortgage payments Immigrant support City of Eden $6,960 Training, support and employment 24 &skills group Prairie services to immigrants Housing rehab City of Eden $100,000 Low interest deferred loans of up to 14 deferred loan Prairie $20,000 to eligible residents for program home improvement.Loans are recovered when recipients sell home. Program funded since 1982. Affordable housing/ City of Eden $152,356 Focus on home ownership for low land trust Prairie and moderate income Eden Prairie residents TOTALS $296,889 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION APPROVING REALLOCATION OF 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS,the City of Eden Prairie, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of Urban Hennepin County CDBG funds,and held a public hearing on February 15,2005 to obtain the views of citizens on the proposed reallocation of $209,317 for the 2003 Community Development Block Grant Program. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Urban Hennepin County Community Development Block Grant program, authorizes reallocation of $209,317 from the Scattered Site Affordable Rental Housing/Acquisition activity to two new activities 1) West Hennepin Affordable Housing Land Trust,in the amount of$159,317 to facilitate home ownership and 2)Cornerstone Advocacy Service in the amount of$50,000, for the rehabilitation of transitional housing units. ADOPTED by the City Council of the City of Eden Prairie this 15th day of February,2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005 RESOLUTION APPROVING USE OF FUNDS FOR 2005 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS,the City of Eden Prairie, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban Hennepin.County Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of Urban Hennepin County CDBG funds,and held a public hearing on February 15,2005 to obtain the views of citizens on the proposed use of$296,889 for the 2005 Community Development Block Grant Program. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Urban Hennepin County Community Development Block Grant program, authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2005 Urban Hennepin County Community Development Block Grant Program,and authorizes and directs the Mayor and the City Manager to execute Sub recipient and Third Party Agreements between the City and Hennepin County on behalf of the City. ACTIVITIES BUDGET PROP Emergency Housing Assistance $ 13,500 GMDCA-Child Care Subsidy Program $ 14,273 HOME-Household&Outside Maintenance for Elderly $ 6,000 Homeline Tenant's Advocacy Service $ 3,800 Housing Rehabilitation Deferred Loan Program $ 100,000 Affordable Housing/Land Trust $ 152,356 Immigrant Support& Skills Group $ 6,960 Total $296,889 ADOPTED by the City Council of the City of Eden Prairie this 15t day of February,2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: ru 4 SECTION: February 15, 200 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims City Manag er/Fiinan ce Requested cti n Action submitted(roll call vote) i Claims b Move to: Approve the Payment of PP ) Synopsis Checks 138205 - 138610 Wire Transfers 2180 - 2196 Background Information Attachments City of Eden Prairie Council Check Summary 2/15/2005 Division Amount General 29,697 100 City Manager 1,616 101 Legislative 2,105 102 Legal Counsel 12,195 110 City Clerk 80 111 Customer Service 32,252 112 Human Resources 1,243 113 Communication Services 4,777 114 Benefits&Training 980 115 Risk Management 3,180 116 Facilities 59,088 117 City Center 65,194 130 Assessing 149 131 Finance 444 132 Social Services 16,211 - 133 Community Development 708 135 Information Technology 9,431 136 Wireless Communication 90,589 137 Economic Development 1,268 150 Park Administration 5,444 151 Park Maintenance 6,482 152 Parks Capital Outlay 3,728 153 Athletic Programs 3,707 154 Community Center 8,704 156 Youth Programs 675 157 Special Events 230 158 Senior Center 2,060 159 Recreation Administration 80 160 Therapeutic Recreation 331 161 Oak Point Pool 5,566 162 Arts 572 163 Outdoor Center 560 164 Park Rental Facilities 150 180 Police 35,176 183 Civil Defense 13,845 184 Fire 5,294 185 Animal Control 669 186 Inspections 271 200 Engineering 846 201 Street Maintenance 14,371 202 Street Lighting 824 203 Fleet Services 38,077 301 CDBG 38 304 Senior Board 31 412 Improvement Bonds 1991B 1,944,050 418 HRA 2002A Lease Revenue Bonds -46 421 2003A Park Bonds Refunding 380,809 422 G.0 W/Sewer Refund 2003B 607,681 423 2003C Open Space Bonds 117,795 502 Park Development 65,451 503, Utility Improvement 5,089 506 Improvment Bonds 1996 29,999 507 Construction Fund 5,146 509 CIP Fund 48,515 511 Construction Fund 126,147 515 Fire Station#4 6,125 601 Prairie Village Liquor 81,717 602 Den Road Liquor 110,839 603 Prairie View Liquor 92,879 605 Den Road Building 2,491 701 Water Fund 83,190 702 Sewer Fund 40,339 703 Storm Drainage Fund 36 803 Escrow Fund 10,440 807 Benefits Fund 246.859 Report Totals 4,484.487 City of Eden Prairie Council Check Register 2/15/2005 Check# Amount Vendor/Explanation Account Description Business Unit 2180 2,391 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2181 4,348 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 2182 10,599 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2183 15,453 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2184 76,021 PUBLIC EMPLOYEES RETIREMENT AS Benefit payments Health and Benefits 2185 25,412 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2186 127,395 WELLS FARGO MINNESOTA N A Employees SS&Medicare Health and Benefits 2187 49,050 WELLS FARGO BANK MINNESOTA NA Interest Improvement Bonds 1991B 2188 1,895,000 WELLS FARGO BANK MINNESOTA NA Principal Improvement Bonds 1991B 2189 32,681 US BANK TRUST NATIONAL ASSN Interest 2003B G.O.W/Sewer Refunding 2191 575,000 US BANK TRUST NATIONAL ASSN Principal 2003B G.O.W/Sewer Refunding 2192 45,809 US BANK TRUST NATIONAL ASSN Interest 2003A G.O.Park Refunding 2193 335,000 US BANK TRUST NATIONAL ASSN Principal 2003A G.O.Park Refunding 2194 95,000 US BANK TRUST NATIONAL ASSN Principal 2003C Open Space Refunding Bon 2195 22,795 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon 2196 46 US BANK TRUST NATIONAL ASSN Bank Reserve HRA 2002A LEASE REVENUE BONDS 138205 100 BRANCALE,DAVID Refunds Environmental Education 138206 85 CASE,RON Miscellaneous City Council 138207 167 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 138208 490 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 138209 37,767 GREGERSON ROSOW JOHNSON&NILA Legal General 138210 8,950 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signs 138211 2,745 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery 138212 1,590 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 138213 147 JOHNSON,BRAD Memberships Community Center Admin 138214 274 JOHNSON,CHRISTOPHER Insurance Risk Management 138215 10 KIMITCH,MIKE Program Fee Outdoor Center 138216 447 LANZI,BOB Mileage&Parking Community Center Admin 138217 17 MENARDS Building Repair&Maint. Outdoor Center 138218 2,039 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 138219 2,011 PARADIS,BRUCE Insurance Risk Management 138220 339 PROP United Way Withheld General Fund 138221 565 QWEST Telephone Prairie View Park 138222 36 RODRIGUEZ,MELISSA Program Fee Winter Skill Development 138223 6,406 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 138224 11 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 138225 2,060 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery 138226 12 TRACH,ELLIOT Program Fee Winter Skill Development 138227 279 UNITED WAY United Way Withheld General Fund 138228 282 XCEL ENERGY Electric Traffic Signals 138229 559 YOUNG,PHIL Dues&Subscriptions City Council 138230 2,000 FIRST AMERICAN TITLE Miscellaneous Utility Improvement Fund 138231 1,003 ARCH PAGING Pager&Cell Phone Wireless Communication 138232 90 AT&T Pager&Cell Phone Police 138233 180 BCAITRAINING&DEVELOPMENT Tuition Reimbursement/School Police 138234 31 CRONSTROM'S HEATING&A/C Cash Over/Short General Fund 138235 41 CUB FOODS EDEN PRAIRIE Operating Supplies Police 138236 3,696 DOWNTOWN COLLISION Equipment Repair&Maint Wireless Communication 138237 48 FRANKLIN,WOODROW G Operating Supplies Reserves 138238 80 HOPKINS COMMUNITY EDUCATION Conference Expense Recreation Administration 138239 3,395 IDEXX DISTRIBUTION CORP Operating Supplies Water System Maintenance 138240 1,558 INNOVATIVE GRAPHICS Clothing&Uniforms Police 138241 200 JADE CATERING Tuition Reimbursement/School Police 138242 15 LEAGUE OF MINNESOTA CITIES Conference Expense Risk Management 138243 76 LINDAHL,DAVID Other Contracted Services Economic Development 138244 299 LORMAN EDUCATION SERVICES Tuition Reimbursement/School Police 138245 40 MINNESOTA CRIME PREVENTION ASS Dues&Subscriptions Police 138246 65,969 MOBILE RADIO ENGINEERING Capital Under$2,000 Wireless Communication 138247 500 NATIONAL WHITE COLLAR CRIME CE Tuition Reimbursement/School Police 138248 40 PETSMART Canine Supplies Police 138250 19 POLICE K-9 MAGAZINE Operating Supplies Police 138251 38 RUMFORD,JOAN Program Fee Red Hat 138252 300 SCOT COUNTY Licenses&Taxes Police 138253 2,800 SPECIAL OPERATIONS TRAINING AS Tuition Reimbursement/School Police 138254 10,778 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 138255 8 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 138256 5,000 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 138257 120 TCALMC Conference Expense Water Utility-General Check# Amount Vendor I Explanation Account Description Business Unit 138258 1,371 TESSCO Operating Supplies Wireless Communication 138259 3,406 TKDA Other Contracted Services Water Treatment Plant 138260 38 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 138261 45 WINE SPECTATOR Dues&Subscriptions Den Road Liquor Store 138262 7,590 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant 138263 51 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 138264 118 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 138265 95 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 138266 5,102 BELLBOY CORPORATION Liquor Prairie View Liquor Store 138267 9,700 DAY DISTRIBUTING Beer Den Road Liquor Store 138268 1,476 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 138269 22,634 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 138270 900 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 138271 332 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 138272 2,142 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 138273 9,291 GRIGGS COOPER&CO Liquor Den Road Liquor Store 138274 1,075 HOHENSTEINS INC Beer Prairie View Liquor Store 138276 44,293 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 138277 8,908 MARK VII Beer Prairie View Liquor Store 138278 169 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 138279 5,369 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 138280 11,863 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 138281 1,889 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 138283 20,706 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 138284 19,660 THORPE DISTRIBUTING Beer Den Road Liquor Store 138285 2,101 WINE COMPANY,THE Wine Imported Den Road Liquor Store 138286 7,125 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 138287 974 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 138288 399 ASPEN CARPET CLEANING Other Contracted Services Den Road Liquor Store 138289 164 BINO,SUSAN Operating Supplies Classes/Programs/Events 138290 10 BRACHMAN,STEVE Outside Water Sales Water Enterprise Fund 138291 54 " CARLSON,JENNIFER Lessons&Classes Ice Arena 138292 318 DELL Other Hardware Information Technology 138293 55,408 DMJ CORPORATION Improvement Contracts Construction Fund • 138294 60 EHLEN,COREY Outside Water Sales Water Enterprise Fund 138295 13,845 FEDERAL SIGNAL CORPORATION Operating Supplies Emergency Preparedness 138296 150 FISHER,PAUL Outdoor Center Park Facilities 138297 454 GREEN MILL Special Event Fees Red Hat 138298 5,444 HANSEN THORP PELLINEN OLSON Other Contracted Services Planning&Development 138299 144 `HARDING,MARY Lessons&Classes Ice Arena 138300 645 HENNEPIN COUNTY TREASURER Operating Supplies Planning 138301 120 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 138302 77 KRESS,CARLA Mileage&Parking Senior Center Administration 138303 494 MEA Conference Expense Engineering 138304 368 MEDICINE LAKE TOURS Operating Supplies Trips 138305 84 MINNESOTA PRINT MANAGEMENT LLC Miscellaneous City Manager 138306 2,349 MINNESOTA VALLEY ELECTRIC COOP Building Capital Impr./Maint.Fund 138307 217 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 138308 889 NILSSEN,BETH Instructor Service Ice Arena 138309 74 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 138310 255 PELTIER,JAMES Office Supplies Fire 138311' 1,450 PEMTON LAND Deposits Escrow 138312 69 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 138313 956 ROUSE,SUSAN Clothing&Uniforms Ice Show 138327 122 EDEN PRAIRIE HIGH SCHOOL Special Event Fees Teen Programs 138328 50 EDINA,CITY OF Conference Expense Information Technology 138329 28,549 ENVIRONMENTAL PROCESS INC Contract Svcs-General Bldg General Facilities 138330 447 HENNEPIN COUNTY TREASURER Licenses&Taxes Concessions 138331 66 IMATION IMAX THEATRE Special Event Fees Trips 138332 1,091 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 138333 395 SIGNATURE PUBLISHING COMPANY Advertising Den Road Liquor Store 138334 51 SKATRUD,TODD Training Supplies Fire 138335 350 SOUNDS GREAT Special Event Fees Special Events&Trips 138336 59 THIELMAN,MARC Mileage&Parking General Facilities 138337 158 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 138338 78 WALMART COMMUNITY Operating Supplies Communication Services 138339 1,745 XCEL ENERGY Electric Water Treatment Plant 138340 664 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 138341 653 ANCHOR PAPER COMPANY Office Supplies Police 138342 4 ANDERSON,EDIE Program Fee Classes/Programs/Events 138343 141 ASPEN WASTE SYSTEMS INC Waste Disposal Den Road Liquor Store 138344 475 ATOM Tuition Reimbursement/School Police Check# Amount Vendor/Explanation Account Description Business Unit 138345 100 BARNES,STEVE Refunds Environmental Education 138346 25 BREDOW,VERNEI 1 Special Event Fees Red Hat 138347 200 CARVER COUNTY TREASURER Licenses&Taxes Police 138348 632 CENTERPOINT ENERGY Gas Utility Improvement Fund 138349 76 CROWN MARKING INC Operating Supplies Police 138350 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 138351 80 EDDY,ELIZABETH Wages No Benefits Elections 138352 9,122 ELAN FINANCIAL SERVICES Conference Expense City Council 138353 271 FANFARE PROMOTIONS INC Clothing&Uniforms Inspections-Administration 138354 43 FIRESIDE HEARTH&HOME Mechanical Permits General Fund 138355 4 FOX,VERNETTE Program Fee Classes/Programs/Events 138356 336 GREATAMERICA LEASING CORP. Other Rentals General 138357 7,340 HENNEPIN COUNTY Deposits Escrow 138358 2,474 HENNEPIN COUNTY TREASURER Board of Prisoner Police 138359 55 JADE CATERING Tuition Reimbursement/School Police 138360 8,497 KMS MANAGEMENT AR Utility Water Enterprise Fund 138361 100 KOKAL.CRYSTAL Refunds Environmental Education 138362 1,075 LES JONES ROOFING Cash Over/Short General Fund 138363 800 LOGIN/IACP Dues&Subscriptions Police 138364 10 LUNTZ,LAURA ERDMAN Program Fee Outdoor Center 138365 100 MCLEOD COUNTY RECORDER Licenses&Taxes Police 138366 1,284 METRO SALES INCORPORATED* Other Rentals General 138367 375 MINNESOTA AWWA Conference Expense Water Treatment Plant 138368 47 MINNESOTA CHIEFS OF POLICE ASS Operating Supplies Police 138369 55 MINNESOTA DEPT OF HEALTH Conference Expense Water Treatment Plant 138370 15 MINNESOTA RECREATION&PARK AS Operating Supplies Senior Center Administration 138371 300 MINNESOTA RURAL WATER ASSOCIAT Conference Expense Water Treatment Plant 138372 500 MN WEIGHTS AND MEASURES Equipment Repair&Maint Street Maintenance 138373 79 MOTOROLA Pager&Cell Phone Police 138374 25 MPPOA Dues&Subscriptions Police 138375 395 OFFICE DEPOT CREDIT PLAN Supplies-General Building City Center Operations 138376 209 PITNEYBOWES Office Supplies General 138377 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 138378 29 PROGRESSIVE BUSINESS PUBLICATI Dues&Subscriptions General Facilities 138379 17 QUICKSILVER EXPRESS COURIER Postage Communication Services 138380 28 SECRETARY OF STATE Operating Supplies Economic Development 138381 16 STATE OF MINNESOTA Operating Supplies Fleet Services 138382 1,824 US POSTMASTER-HOPKINS Postage Water Accounting 138383 32 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 138384 167 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 138385 5,139 BELLBOY CORPORATION Liquor Den Road Liquor Store 138386 6,087 DAY DISTRIBUTING Beer Den Road Liquor Store 138387 2,032 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 138388 6,914 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 138389 2 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 138390 664 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 138391 7,775 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 138393 21,090 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 138394 5,883 MARK VII Misc Non-Taxable Prairie View Liquor Store 138395 975 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 138396 176 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 138397 4,232 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 138398 12,278 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 138399 759 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 138400 2,444 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 138402 11,362 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 138403 709 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 138404 10,864 THORPE DISTRIBUTING Beer Den Road Liquor Store 138405 1,576 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 138406 492 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 138407 1,773 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 138408 230 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 138409 145 BARLI,ROBERT Tuition Reimbursement/School Police 138410 965 BEVERLY HILTON,THE Conference Expense Economic Development 13841 1 230 BOLD,PAULINE Instructor Service Outdoor Center 138412 75 BUTCHER,SHERRY Dues&Subscriptions City Council 138413 80 CAMPOS,LORI Instructor Service Outdoor Center 138414 100 CARVER COUNTY TREASURER Licenses&Taxes Police 138415 100 COMMISSIONER OF TRANSPORTATION Conference Expense Engineering 138416 75 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 138417 31` CULLIGAN-METRO Operating Supplies Outdoor Center 138418 34 DAHL,GAYLE Special Event Fees Red Hat Check# Amount Vendor/Explanation Account Description Business Unit 138419 63 DELEGARD TOOL CO Equipment Parts Fleet Services 138420 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 138421 200 HENNEPIN COUNTY TREASURER Licenses&Taxes Police 138422 252 INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering 138423 59 KIMITCH,MARK AR Utility Water Enterprise Fund 138424 4,254 KMC TELECOM Telephone Telephone 138425 125 LINDAHL,DAVID Miscellaneous In Service Training 138426 200 LINDAHL,DAVID Conference Expense Economic Development 138427 77,283 LOGIS Software Sewer Accounting 138428 625 MAXIMUM SOLUTIONS INC Software Maintenance Information Technology 138429 32 MERLINS ACE HARDWARE Repair&Maint.Supplies Community Center Maintenance 138430 148 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 138431 165 MINNESOTA DEPT OF PUBLIC SAFET Tuition Reimbursement/School Fire 138432 1,284 MINNESOTA VALLEY ELECTRIC COOP Electric Douglas More House 138433 100 MOTSINGER,JOE Refunds Environmental Education 138434 45 MWOA Conference Expense Sewer Utility-General 138435 7 OLSEN FIRE PROTECTION Cash Over/Short General Fund 138436 50 OVERLINE,BARBRA DEJONGE Refunds Environmental Education 138437 31 PAULSEN,CAROLE Operating Supplies Senior Board 138438 100 PRICE,DAVE&LAINEE Refunds Environmental Education 138439 2,690 QWEST Telephone Prairie Village Liquor Store 138440 100 RAMSEY COUNTY Licenses&Taxes Police 138441 4 RIONS,NANCY Program Fee Classes/Programs/Events 138442 956 ROUSE,SUSAN Clothing&Uniforms Ice Show 138443 128 RUMFORD,JOAN Special Event Fees Red Hat 138444 200 SCOTT COUNTY Licenses&Taxes Police 138445 6 STAR TRIBUNE Misc Taxable Den Road Liquor Store 138446 1,236 STAR TRIBUNE Employment Advertising Human Resources 138447 63 STEINER,SHARON Special Event Fees Red Hat 138448 100 SVENDSEN,ANDREA Refunds Environmental Education 138449 100 THORNE,ABBEY Refunds Environmental Education 138451 4 VOLLBRECHT,ANN Program Fee Classes/Programs/Events 138452 546 W E LAHR COMPANY Equipment Parts Fleet Services 138453 881 WANNEMUEHLER,JILL Insurance Risk Management 138454 55 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 138455 45 WINE SPECTATOR Dues&Subscriptions Prairie Village Liquor Store 1.38456 46 WOOCK,LINDA Lessons&Classes Oak Point Lessons 138457 100 YOST,ALICIA Refunds Environmental Education 138458 3,598 US POSTMASTER Postage Police 138459 155 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 138460 40 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services 138461 312 ADOLPHKIEFER Clothing&Uniforms Oak Point Lessons 138462 1,637 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 138463 64,845 AMERICAN LIBERTY CONSTRUCTION, Building Park Acquisition&Development 138464 77 AMSAN BRISSMAN-KENNEDY Supplies-Snow Removal City Hall-CAM 138465 847 ASPEN CARPET CLEANING Other Contracted Services Den Road Liquor Store 138466 485 ATHLETICA Advertising Park Acquisition&Development 1.38467 3,071 AUDIOVISUAL INC Video&Photo Supplies Communication Services 138468 126 BAGS&BOWS Misc Taxable Den Road Liquor Store 138469 3,117 BAUER BUILT TIRE AND BA I IERY Tires Fleet Services 138470 15,357 BENIEK PROPERTY SERVICES INC. Contract Svcs-Snow Removal City Hall-CAM 138471 699 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 138472 1,946 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance 138473 397 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 138474 1,035 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 138475 309 BRO-TEX INC Equipment Parts Fleet Services 138476 648 CARBEN INC Other Contracted Services Communication Services 138477 163 CARDIAC SCIENCE INC Operating Supplies Fire 138478 1,600 CARTEGRAPH SYSTEMS INC Software Maintenance Information Technology 138479 142 CATCO CLUTCH&TRANSMISSION SE Equipment Repair&Maint Fleet Services 138480 689 CL BENSEN COMPANY INC Supplies-HVAC City Hall-CAM 138481 1,352 CLAREYS INC Office Supplies General 138482 29,999 COMMISSIONER OF TRANSPORTATION Improvement Contracts Improvement Projects 1996 138483 628 COMPAR INC Other Hardware Information Technology 138484 12 CONNEY SAFETY PRODUCTS Protective Clothing Water Treatment Plant 138485 152 CONSOLIDATED CONTAINER CO LLC Operating Supplies Police 138486 637 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 138487 2,408 CORPORATE EXPRESS Operating Supplies Fleet Services 138488 76 CROWN MARKING INC Operating Supplies Police 138489 609 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Services 138490 1,884 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 138491 2,767 CY'S UNIFORMS Clothing&Uniforms Fire Check 4 Amount Vendor/Explanation Account Description Business Unit 138492 4,218 DAVIES/NORTHERN WATER WORKS Repair&Maint.Supplies Water System Maintenance 138493 64 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 138494 342 DELL Other Hardware Information Technology 138495 41,467 DIVERSE BUILDING MAINTENANCE Janitor Service Park Shelters 138496 223 DLT SOLUTIONS INC. Software Information Technology 138497 987 DOHERTY,SANDRA L Other Contracted Services Volleyball 138498 238 DUDA PLUMBING SERVICE INC Other Contracted Services Water Meter Reading 138499 228 EAGLE DRY GOODS Miscellaneous Communication Services 138500 850 EAGLE TRAINING LLC Tuition Reimbursement/School Police 138501 1,112 EARL F ANDERSEN INC Signs Traffic Signs 138502 43 EDEN PRAIRIE APPLIANCE Repair&Maint.Supplies Fire Station 42 138503 60 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 138504 45 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting 138505 4,594 EF JOHNSON Equipment Repair&Maint Wireless Communication 138506 100 ERICKSEN,LIZ Other Contracted Services Basketball 138507 270 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 138508 22 FERRELLGAS Equipment Repair&Maint Fleet Services 138509 266 FORCE AMERICA Equipment Parts Fleet Services 138510 6,016 FORE MECHANICAL,INC Contract Svcs-HVAC Prairie View Liquor Store 138511 102 G&K SERVICES Clothing&Uniforms Park Maintenance 138512 628 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 138513 148 GE CAPITAL Other Rentals General 138514 4,494 GILBERT MECHANICAL Contract Svcs-HVAC City Hall-CAM 138515 176 GINA MARIAS INC Operating Supplies Fire 138516 68 GRAINGER Equipment Parts Fleet Services 138517 266 GUNNAR ELECTRIC CO INC Building Repair&Maint. Riley Lake 138518 127 H&H ASSOCIATES Cleaning Supplies Water Utility-General 138519 149 HALDEMANN HOMME INC Printing Assessing 138520 9,910 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund 138521 14,362 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 138522 240 HAWK LABELING SYSTEMS Operating Supplies Community Center Admin 138523 469 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 138524 800 HENRY,PAUL Other Contracted Services Broomball 138525 4,478 HOBART CORPORATION Contract Svcs-Garden Romm Garden Room Repairs 138526 420 HOLMES,TOM Other Contracted Services Volleyball 138527 173 HSBC BUSINESS SOLUTIONS Repair&Maint.Supplies Water System Maintenance 138528 241 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 138529 267 1DENTIX INCORPORATED Operating Supplies Police 138530 5,549 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 138531 135 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 138532 981 INTEREUM INC Capital Under$2,000 City Center Operations 138533 394 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 138534 2,905 JANEX INC Operating Supplies City Hall-CAM 138535 571 JEFFERSON FIRE&SAFETY INC Repair&Maint.Supplies Fire 138536 573 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 138537 300 KELSEY,TODD Other Contracted Services Broomball 138538 7,371 KUSTOM SIGNALS INC Other Assets Police 138539 519 LAB SAFETY SUPPLY INC Protective Clothing Water Treatment Plant 138540 445 LAKE COUNTRY DOOR Contract Svcs-General Bldg Fire Station 43 138541 21 LANDEY'S CAMPING CENTER Equipment Parts Fleet Services 138542 238 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 138543 797 M D PRODUCTS INC Equipment Parts Fleet Services 138544 400 M-B COMPANIES INC OF WISCONSIN Equipment Repair&Maint Park Maintenance 138545 4,699 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Fleet Services 138546 150 MARTIN-MCALLISTER Operating Supplies Fire 138547 419 MAXI-PRINT INC Printing Police 138548 1,925 MCCOMB GROUP LTD Other Contracted Services Den Road Building 138549 727 MENARDS Equipment Parts Fleet Services 138550 21 METRO BRUSH&SUPPLY Equipment Parts Fleet Services 138551 1,680 METRO FIRE Repair&Maint.Supplies Fire 138552 458 METRO PRINTING Office Supplies Fire 138553 223 METROPOLITAN FORD Equipment Parts Fleet Services 138554 59 MINNESOTA ATHLETIC Office Supplies Fire 138555 65 MINNESOTA CONWAY Safety Supplies Fire 138556 76 MINNESOTA GLOVE INC Safety Supplies Fleet Services 138557 159 MINNESOTA SAFETY COUNCIL Office Supplies General 138558 175 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 138559 3,875 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 138560 421 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 138561 79 NORTHLAND BUSINESS SYSTEMS Office Supplies Police 138562 31 OLSEN COMPANIES Equipment Parts Fleet Services 138563 710 OSI BA11bRIES INC Operating Supplies Police Check#1 Amount Vendor/Explanation Account Description Business Unit 138564 41,361 PARKOS CONSTRUCTION COMPANY Building Capital Impr./Maint.Fund 138565 511 PEPSI COLA COMPANY Merchandise for Resale Concessions 138566 370 POWER SYSTEMS Equipment Parts Fleet Services 138567 7,912 ,PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Water Treatment Plant 138568 12,225 RAYTHEON JPS COMMUNICATIONS Other Assets Wireless Communication 138569 339 REED CONSTRUCTION DATA Legal Notices Publishing Construction Fund 138570 151 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 138571 3,169 RMR SYSTEMS INC Other Contracted Services Water Meter Reading 138572 21 ROYAL TIRE INC Equipment Repair&Maint Fleet Services 138573 1,014 RUMPCA CO INC Waste Disposal Tree Removal 138574 166 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 138575 371 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 138576 140 SCHARBER&SONS Equipment Parts Fleet Services 138577 63,600 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Construction Fund 138578 300 SIERRA CORPORATION Equipment Parts Fleet Services 138579 77 SIWEK LUMBER&MILLWORK INC Building Materials Street Maintenance 138580 266 SNAP-ON TOOLS Equipment Repair&Maint Fleet Services 138581 75 SOUTHWEST LOCK KEY Equipment Repair&Maint Den Road Liquor Store 138582 230 SPECTRA IMAGES INC Printing Special Initiatives 138583 821 SPORTS WORLD USA INC Merchandise for Resale Concessions 138584 98 SPS COMPANIES Repair&Maint.Supplies Park Maintenance 138585 8,160 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction 138586 413 STANDARD SPRING Equipment Parts Fleet Services 138587 232 STRATUM ONE FITNESS EQUIPMENT Equipment Repair&Maint Police 138589 8,105 STREICHERS Clothing&Uniforms Police 138590 2,918 SUBURBAN CHEVROLET Equipment Parts Fleet Services 138591 1,323 TACTICAL&SURVIVAL SPECIAL11h Protective Clothing Police 138592 290 TAPES PLUS ADVERTISING Advertising Prairie Village Liquor Store 138593 47 TERMINAL SUPPLY CO Equipment Parts Fleet Services 138594 229 TIME WARNER CABLE Cable TV Fire 138595 38 TOM'S WINDOW CLEANING Window Cleaning Den Bldg.-Direct 138596 1,784 TRUCK UTILITIES MFG CO Capital Under$2,000 Fleet Services 138597 128 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 138598 1,461 UNIFORMS UNLIMITED Clothing&Uniforms Police 138599 112 UNITED RENTALS HIGHWAY TECHNOL Clothing&Uniforms Street Maintenance 138600 449 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 138601 236 VIKING COUNCIL Miscellaneous Reserves 138602 2,546 WATSON CO INC,THE Merchandise for Resale Concessions 138603 465 WEST WELD Equipment Parts Fleet Services 138604 752 WHOLESALE ART AND FRAMING Other Contracted Services Communication Services 138605 525 WIGLEY,GRIFFIN J. Software Information Technology 138606 315 WILLIAMS,KAARI Other Contracted Services Volleyball 138607 3,349 WM MUELLER AND SONS INC Sand Snow&Ice Control 138608 13,965 YALE MECHANICAL INC Contract Svcs-HVAC Den Bldg.-CAM 138609 399 ZAHN,GERALD Other Contracted Services Volleyball 138610 679 ZEP MANUFACTURING CO Equipment Parts Fleet Services 4,484,487 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Appointments February 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: N. A. Stuart Fox, Manager of Parks Appointment of Assistant Weed and Natural Resources Inspector Requested Action Move to: Appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistance Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. CITY COUNCIL AGENDA DATE: SECTION: Appointments February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.B. inet Iremiah Community Development MCA Task Force Revision Requested Action Move to: • Accept the resignation of im Beaudette Sears) and ■ Appoint David Hanson 140 Flying Cloud Drive office building)to the Major Center Area Study Task Force. Synopsis im Beaudette of Sears is unable to participate as a member of the Major Center Area Task Force and has submitted his verbal resignation. Staff is recommending David Hanson, owner of the office building at 8140 Flying Cloud Drive, as his replacement. Developers have expressed interest in potential redevelopment of an area that includes Mr. Hanson§property. Background Information The City is undertaking the first comprehensive study of the Major Center Area since the original MCA Plan was adopted as part of the City§Comprehensive Plan in 193. I£y components of the study include transportation,way finding, land use and redevelopment. The Task Force plays a vital role in providing input and feedback regarding a future vision for the area through the year 2030. The study is expected to take approximately 9 months. SRF Consulting, Inc. is the primary consulting firm. Attachments dated Task Force Roster MCA Study Task Force The following is a list of participants in the MCA Task Force. The primary role of this group is to confirm the general scope of the study, and to provide input to staff and the consultant as the study progresses. Name Company Representing Direct/Cell/Fax Email Address 1 Patrick Sarver Hartford Group Real Estate D) 746-1210 psarver(a�hartfordcro.com 12100 Singletree Lane Dir. Of Land Planning Development F) 746-1201 Suite112 55344-7933 2 Greg Olsen Anchor Bank Banker D) 942-7522 Greq olsentanchorlink.com 566 Prairie Center Drive VP Commercial EP Resident F) 942-7802 55344-7917 Lending 3 Bill Burgess Walmart Retailer D) 829-9040 Renrx aAaol.com 12195 Singletree Ln Store Manager F) 829-9007 55344 4 Ed Flaherty Lariat Co. Developer D) 952-943-1404 joiner8443@aol.com 8443 Joiner Way President/Resident x-303 55344 5 Alan Young General Growth EP Center D) 525-2635 avounci generalgrowth.com 125 Eden Prairie Center General Manager F) 941-7316 C) 612-308-5707 6 Pat Mulqueeny EP Chamber Business Association D) 944-2830 pat.mulqueeny@epchamber.org 7901 Flying Cloud Drive President F) 944-0229 55344 7 Mark Namtvedt Noresman Business Owner D) Mtweets001@att.net 8110 Eden Road 1 Oil EP Resident C) 952-200-5556 Suite 201 55344 I 8 Louise Pelcher The Colony Resident of MCA D) 934-2350 daly(a,the-colonv.org(not Louise's 431 Prairie Center Drive Resident—Retired Senior Rental Housing Ipelcher@aol.co email) 55344 Nurse (mtg. space for 10) m Property Manager 828-9500 9 Terry Pearson Allaris Resident of MCA 952-946-9668 tpearson@allarismed.com 10827 Leaping Deer Townhouse 800-788-6245 Lane X5062 Eden Prairie, MN 55344 10 Melody Denyer Lincoln Parc Apartment Project D) 746-1230 melodvAlinconparc.com 12100 Singletree Lane Property Manager (mtg. space) C)612-221-9686 Suite 100 55344 11 Kathy Nelson City of EP Planning Commission Nelso309@tc.umn.edu 8983 preserve Blvd. Member EP Resident Eden Prairie, MN 55347 12 Ray Stoelting Community Planning D)651-634-0143 17943 Inverness Curve Board C) 612-747-9565 Eden Prairie, MN 55347 EP Resident 952-975-3817 13 David Hanson Office Building Owner 952-941-0134 Does not have email 8140 Flying Cloud Drive Eden Prairie, MN 55344 14 Scott Anderson Rosemount Engineering Emerson Process D) 952-828-3582 Scott- 12001 Technology Drive Management rfd.anderson(u�emersonprocess.com Eden Prairie, MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Appointments February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII. C. Stuart Fox,Manager of Parks cemetery Task Force and Natural Resources Requested Action Move to: Appoint Robert Amell, Gerry Beckman, Pat Bell,Paul Christensen,Wally Huber,Mike Rogers, and Lee Wenzel to the Cemetery Task Force. Synopsis Staff has been soliciting potential Cemetery Task Force participants since the December 7,2004 workshop meeting. During that time, staff has been talking to individuals as well as sending out invitation letters to neighbors adjacent to the Pleasant Hill Cemetery.Following those efforts, a number of candidates have volunteered to serve on this Task Force, and the liaison will be Stuart Fox,Manager of Parks and Natural Resources. The original goal was to have eight members on the Task Force that would include representatives from the following: • • 2 members from local funeral homes • 2 members that are Eden Prairie citizens that own cemetery lots • 2 members that are Eden Prairie citizens that do not own cemetery lots • 1 representative from the Eden Prairie Cemetery Board of Trustees • 1 person from the Heritage Preservation Commission Staff was able to get seven volunteers; however, not all of the categories were filled. The following is a summary of the individuals who have volunteered to serve on the Cemetery Task Force: • Robert Amell is a member of the Heritage Preservation Commission. • Gerry Beckman is a resident of Eden Prairie and has served as the Director of PROP as well as volunteering her services to many City programs over the last 15+years. • Pat Bell is a neighbor who lives adjacent to the Pleasant Hill Cemetery who responded to a letter from staff seeking volunteers to serve on this Task Force,to which she has willingly volunteered. • Paul Christensen is the Facilities Manager for Pax Christi Catholic Community. Paul also responded to the letter that was sent to the neighbors and since the cemetery property is adjacent to the Catholic Church,this would a welcome opportunity to share perspectives as far as the cemetery relationship with this facility. • Wally Huber is associated with Huber Funeral Home on Glory Lane in Eden Prairie. Wally has officiated several funerals and burials at the cemetery and is very familiar with the layout and operation of the cemetery. Cemetery Task Force February 15,2005 Page 2 • Mike Rogers is a member of the Eden Prairie Cemetery Board of Trustees. Mike is life-long resident of Eden Prairie, and very familiar with the operations of public cemeteries. • Lee Wenzel is the owner of four grave lots at Pleasant Hill Cemetery and recently suffered the loss of an adult son. Lee spends quite a bit of time at the cemetery and has expressed interest in input as to the operation and aesthetics of the cemetery. Staff has spoken with each of these individuals and believes that this Task Force would be able to give feedback to the City Council based on the proposed Charter Statement. The Charter Statement for this Committee, as covered in the December 7 meeting, is as follows: 1. Review of the current rules and regulations used by the City to manage the operations of the Pleasant Hill Cemetery. The Task Force should determine if the City's rules and regulations are necessary and reasonable for operation of the cemetery. 2. Review the current supply of lots; demand for lots; and the City's financial responsibility for the future of the cemetery. 3. Review the general aesthetics of the cemetery and recommend improvements to the grounds of the cemetery, if necessary, for inclusion in the City's 2006—2010 Capital Improvement Plan. The proposed timeline for this Task Force is that they would have a final report presented to the City Council at its July 2005 workshop. CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.XIII. B. 1. Community Development Purchase Agreement-Delegard David Lindahl PropertyFuture Fire Station anet iEremiah Requested Action: Move to: Authorize the Mayor and City Manager to execute a purchase agreement and other documents necessary to complete the purchase of Outlot H, Hawthorne Addition of Eden Prairie,Hennepin County,Minnesota Synopsis: Staff is recommending the City acquire a 3.659 acre parcel located at the northeast corner of Dell Road and Linwood Court for a new fire station development for a purchase price of$1,960,034.66. As stated in the attached Purchase Agreement, the City should take possession of the property in late March 2005. Background: Last November the City Council authorized staff to proceed with the acquisition of a property for a new fire station for a price of$1,900,000. Since that time the sellers, Curt and Duane Delegard, increased the sale price by$50,000, and also required the City pay an additional $10,034.66, or 1B of their cost to terminate an existing ground lease they had on the property with BP Amoco. The new price for the 3.659 acre parcel is $1,960,034.66, or$12.30 per square foot,which is a reasonable price for a commercially zoned property. Some of the$1,960,034.66 will be recovered through the sale of approximately 1.3 acres to MnDOT for the development of a new frontage road for the TH 312 highway project. There should also be a remnant parcel 0. acre Othe City can sell for development after the fire station is planned and approved. Staff expects the sale of these two properties to reduce the total land cost for the fire station to about$550,000 - $600,000. Attachments: Purchase Agreement BP Amoco Lease Termination Agreement 1-7-05 PURCHASE AGREEMENT T AGREEMENT is made as of February 15, 2003 HIS between Curtis Delegard and M. Diane Delegard, husband and wife and Duane Delegard and Anita Delegard, husband and wife, (collectively referred to as "Seller") and City of Eden Prairie, a Minnesota municipal corporation ("Buyer"). RECITALS Seller is the fee owner of certain real property located in Hennepin County, Minnesota, containing approximately 3.659 acres, as legally described on Exhibit A, together with all buildings and improvements constructed or located on the Land in Eden Prairie, Minnesota and all easements and rights benefiting or appurtenant to the Land (collectively, the "Real Property"). Buyer desires to purchase the Real Property and other property and interests described in Section 1 of this Agreement(collectively, the"Property") from Seller,pursuant to the terms of this Agreement. Seller desires to sell the Property to Buyer,pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller, the Property,which shall include all property described in this Section 1, 1.1 Real Property_ The Real Property as described in the first Recital paragraph. 1.2 Personal Property. All of the personal property situated in or about the Real Property owned by Seller and used in the maintenance or operation of the Real Property("Personal Property"). 2. Purchase Price. The purchase price to be paid by Buyer to Seller is One Million Nine Hundred Sixty Thousand Thirty-Four Dollars and 66/100($1,960,034.66). 3.. Payment of Purchase Price. The Purchase Price shall be paid as follows: 3.1 Earnest Money. One Thousand and no/100 Dollars ($1,000.00) as earnest money ("Earnest Money") which Earnest Money shall be held by Guaranty Title Insurance Company ("Escrow Agent") in an interest bearing escrow account, pursuant to the Escrow Agreement attached hereto as Exhibit B 1-7-05 provided,however,that the fee for any such account shall be paid by Buyer 3.2 Closing Payment. One Million Nine Hundred Fifty Nine Thousand Thirty- Four Dollars and 66/100 ($1,959,034.66) in cash or by wire transfer of U.S. Federal Funds to be received by Seller on or before 10:00 a local time on the Closing Date. 4.. Contingencies. Unless waived by Buyer in writing, Buyer's obligation to purchase the Property shall be subject to and contingent upon each of the following: 4.1 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer at closing a certificate dated the Closing Date, signed by Seller, certifying that such representations and warranties are true as of the Closing Date (the "Bring- down Certificate"). 4.2 Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement,as and when required by this Agreement. 4.3 Title. Title shall have been found acceptable by Buyer or made acceptable in accordance with the requirements and terms of Section 10 below. 4.4 Phase I. Buyer shall have approved, in Buyer's sole discretion, a Phase I Environmental Report(prepared in accordance with ASTM E 1527-00, or the current ASTM standard for Phase I environmental site assessments) to be prepared with regard to the Real Property by an environmental consultant reasonably acceptable to Buyer(the"Phase I"). Seller shall cause the Phase I to be prepared at Seller's cost and expense. Buyer shall have approved, in Buyer's sole discretion,a Phase I Environmental Report. 4.5 Testing. Buyer shall have determined, on or before the Contingency Date, that it is satisfied with the results of and matters disclosed by the Phase I and any other soil tests, engineering inspections, hazardous waste and environmental reviews of the Property,all such tests,inspections and reviews to be obtained at Buyer's sole cost and expense. 4..6 No Adverse Action. There shall not exist on the Closing Date any lawsuit, governmental investigation or other proceeding challenging the transaction contemplated in this Purchase Agreement, or which might adversely affect the tight of Buyer to own,develop,or use the Property after the Closing Date for Buyer's intended use thereof for park and open space, nor shall any such action have been threatened or instituted. 1-7-05 4.7 Survey. The Survey shall have been found acceptable by Buyer or made acceptable in accordance with the requirements and terms of Section 10 below.The Survey shall set forth the square footage of the Real Property. 4.8 Termination of Lease.. _ In accordance with the procedure set forth under Section 10.2 hereof, Seller shall provide a termination of that certain Ground Lease 26-528-E made the 13t day of January, 1998 by and between Curtis Delegard, Martha D. Delegard, Duane Delegard and Anita Delegard as Lessor and Amoco Oil Company, a Maryland corporation as Lessee (hereinafter referred to as the"Amoco Lease"). For purposes of Section 10.2 hereof Buyer hereby objects to the Amoco Lease and Seller acknowledges that no further objection to the Amoco Lease is necessary under Section 10.2 The "Contingency Date" shall be that date which is thirty (30) days after the date this Purchase Agreement has been executed by both parties and delivered to Buyer (hereinafter the "Execution Date"). If any of the foregoing contingencies have not been satisfied on or before the stated date, then this Agreement may be terminated, at Buyer's option,by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination (a) Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Property, (b)the Earnest Money and any interest accrued thereon shall be released to Buyer, and (c) upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 5. Buyer's Access and Investigation. Seller shall allow Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify and hold Seller and the Property harmless from all costs and liabilities relating to Buyer's activities. Buyer shall further promptly repair and restore any damage to the Property caused by or occurring during Buyer's testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such entry. 6. Closing. The closing of the purchase and sale contemplated by this Agreement(the "Closing") shall occur on that date which is ten (10) business days after the earlier of the satisfaction of the last of the contingencies set forth in Section 4 or the date when Buyer shall give notice to Seller that the contingencies which are to have been satisfied on the Contingency Date have been waived or satisfied(the"Closing Date")but in no event shall the Closing Date be later than a date which is fifteen(15)business days after the Contingency Date.. The Closing shall take place at 10:00 a.m. local time at the office of the Title in Minneapolis, Minnesota, or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 7. SeIler's Closing Documents. On the Closing Date, Seller shaII execute and/or 1-7-05 deliver to Buyer the following(collectively,"Seller's Closing Documents"): 7.1 Deed. A Warranty Deed, in recordable form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances,except the Permitted Encumbrances. 7.2 Bill of Sale.. A Warranty Bill of Sale, in form reasonably satisfactory to Buyer, conveying the Personal Property to Buyer, free and clear of all encumbrances. 7.3 Title Policy.. The Policy described in Section 10 of this Agreement, or a suitably marked up Title Commitment for the Policy initialed by Title,in the form required by this Agreement. 7.4 Bring-down Certificate. A certificate reaffirming as of the Closing Date all of the Seller's Representations and Warranties contained in paragraph 12 of this Agreement. 7.5 Opinion of Seller's Counsel. An opinion of Seller's counsel,dated as of the Closing Date, in form reasonably satisfactory to Buyer, that Seller has the requisite power and authority to enter into and perform this Agreement and those Seller's Closing Documents signed by it; the Seller documents have been executed and delivered; the execution, delivery and performance by Seller of such documents do not conflict with or result in, as applicable, a violation of any judgment, order or decree of any court or arbiter to which Seller is a party; and such documents are valid and binding obligations of Seller,enforceable in accordance with their terms. 7 6 Seller's Affidavit. An Affidavit of Seller indicating that on the Closing Date (a) there are no outstanding,unsatisfied judgments,tax liens or bankruptcies against or involving Seller or the Real Property; (b) there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanic's liens could be filed; and(c)there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity (AL TA Form) which may be required by Title to issue the Policy described in Section 10 of this Agreement. 7.7 F1RPTA Affidavit. A non-foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2)and its regulations. 7.8 IRS Reporting Form. The appropriate Federal Income Tax reporting form,if any,as required. 1-7-05 7.9 Termination of Leases. A termination of the Amoco Lease and any other lease of the Real Property, in recordable form reasonably satisfactory to Buyer. 7.10 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances,except the Permitted Encumbrances. 8. Buyer's Closing Documents. On the Closing Date,Buyer will execute and/or deliver to Seller the following(collectively,"Buyer's Closing Documents"): 8.1 Purchase Price. The Purchase Price, by wire transfer of U.S. Federal Funds or by certified check to be received in Title's trust account or delivered to Seller on or before 10:00 a.m.local time on the Closing Date. 8.2 Opinion of Buyer's Counsel. An opinion of Buyer's counsel,dated as of the Closing Date, in form reasonably satisfactory to Seller, that (a) Buyer has been duly formed municipal corporation under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota;(b)Buyer has the requisite corporate power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; (c) such documents have been duly authorized by all necessary City Council action and have been duly executed and delivered;(d)the execution,delivery and performance by Buyer-of such documents do not conflict with or result in a violation of state municipal law or any judgment, order or decree of any court or arbiter to which Buyer is a party; and (e) such documents are valid and binding obligations to Buyer,enforceable in accordance with their terms. 8.3 Title Documents. Such Affidavits of Purchaser,Certificates of Value or other documents as may be reasonably required by Title in order to record the Seller's Closing Documents and issue the Policy. 9. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement 9,1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence described in Section 10 of this Agreement and the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay the premium or cost of the Policy and all additional premiums required for the issuance of any mortgagee's title insurance policy required by Buyer: Seller and Buyer will each pay one-half of any reasonable and customary closing fee or charge imposed by any closing agent designated by Title. 9.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. 1-7-05 . i thePurchase Price 9 3 Real Estate Taxes and Special Assessments. At Closing, P� shall be adjusted as follows: 9.3.1 Current Year's Taxes. All real property taxes which have become a lien on the Property("Taxes")and which are due and payable prior to the year in which Closing occurs, shall be paid by Seller at or prior to Closing. All Taxes which are due and payable in the year in which Closing occurs shall be prorated to the Closing Date and Seller's portion shall be paid by Seller at Closing. This proration shall result in Seller's payment of Taxes from January 1 to the date immediately prior to the Closing Date and Buyer's payment of Taxes from the Date of Closing to December 31, 9.3..2 Assessments_ All charges for improvements or services already made to or which benefit the Property, and all levied and pending assessments (general or special) arising out of or in connection with any assessment district created or confirmed prior to the Closing Date ("Assessments")shall be paid in full by Seller at Closing 9.3.3 Tax Amount Unknown. If the Closing shall occur before the tax rate is fixed for the then current year,the apportionment of Taxes shall be made upon 110% of the most current estimate of such Taxes and Assessment installments, assuming for estimating purposes that the Real Property will be fully assessed. Seller shall deposit such sum in escrow and all interest earnings on such deposit will be paid to Seller. Title will retain such deposit to pay Seller's share of the actual Taxes and installments of Assessments (including interest) payable therewith]and shall pay any excess over to Seller. 9.4 Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller and requested by Buyer in this Agreement. Buyer will pay the cost of recording all other documents. 9.5 Other Costs. All other operating costs of the Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. 9.6 Attorneys' Fees. Each of the parties will pay its own attorneys' fees,except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default_ 1-7-05 10. Title Examination. Title examination will be conducted as follows: 10.1 Seller's Title Evidence. Seller shall,within ten(10)days after the date of this Agreement, furnish to Buyer, at Seller's cost and expense, the following (collectively,"Title Evidence"): 10.1.1 Title Insurance Commitment. A commitment("Title Commitment") for the most current ALTA Form B Owner's Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by Commercial Partners Title, LLC ("Title"). The Title Commitment will commit Title to insure title to the Property subject only to the Permitted Encumbrances. Seller shall also deliver to Title or Buyer an Abstract of Title to the Real Property certified to a current date to include all appropriate judgment and bankruptcy searches. 10.1.2 Survey. An ALTA/ASCM as built survey(the"Survey")prepared by a Registered Land Surveyor properly licensed to practice in the State of Minnesota in form acceptable to Buyer (the "Survey") The Survey will (a) be completed in accordance with the "Minimum Standard Detail Requirements for ALTA/ASCM Land Title Surveys as jointly established and adopted by ALTA and ACSM in 1999 (the"Requirement"), and includes Items 1, 2, 3,4, 6,7a, 7b, 7c, 8, 9, 10, 11, 13, 14, and 15 of Table A thereof and certified to Seller, Buyer and Buyer's lender and Title by such surveyor in compliance with Item No. 8 of the Requirements; (b) have one perimeter description of the Property; (c) show all P P rty; easements, nlines,ht-of-wa , setback encroachments and other matters affecting ctin the use or development of the Property;y, (d)show the acreage of the Property; (e) show the address, dimensions and location of the Improvements and the height and square footage thereof; (f) show the acreage of the Property; (g)certify the zoning of the Property; (h) show all utility lines from each Building to its point of connection with the public system; and (i) certify that no portion of the Property lies within a flood plain. If requested by Buyer, and if data are delivered to the surveyor regarding wetlands, the Survey will show the location of any wetlands on the Property. The Deed to be delivered by Seller to Buyer at the Closing will contain the legal description of the Property as shown on the Survey and approved by Buyer and Title Company. The Survey shall be prepared in accordance with the requirements set forth above and as otherwise required by Title in order to allow 1-7-05 Title to issue an owner's policy of title insurance with regard to the Real Property without any exception for survey matters. 10.1.3 UCC Searches. A report of UCC Searches made of the Uniform Commercial Code records of the Secretary of State of Minnesota, made by either said Secretary of State or by a search fine acceptable to Buyer,showing no UCC filings regarding any of the Property. 10.1.4 Encumbrances. A copy of every document referenced as an exception to the title of the Real Property (including without limitation the Permitted Encumbrances) as described in the Title Commitment. 10.2 Buyer's Objections. Within ten(10)days after receiving the last of the Title Evidence, Buyer shall make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" pursuant to this Agreement. Seller will have 60 days after receipt of the Objections to cure the,Objections, during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money,Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such 60 day period, Buyer will have the option to do any of the following: 10.2.1 Termination. Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money,if any. 10.2.2 Escrow for Cure. [INTENTIONALLY OMI I I ED] 10.2.3 Waiver. Waive the Objections and proceed to close. 10.3 Title Policy. Seller will furnish the Policy to Buyer at closing or a suitably marked up Title Commitment initialed by Title undertaking to issue the Policy in the form required by the Title Commitment as approved by Buyer. 11.. Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the Closing Date (the"Executory Period"), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious 1-7-05 mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Property during the Executory Period that are not terminable on or before the Closing Date,without the written consent of Buyer,which consent may be withheld by Buyer in its sole discretion. 12. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 12.1 Authority. Seller has the requisite partnership power and authority to enter into and perform this Agreement and those Seller's Closing Documents signed by it. Such documents have been(or will have been) duly executed and delivered. Such execution, delivery and performance by Seller of such documents do not (and will not) conflict with or result, as applicable, in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party. Such documents are (and will be) valid and binding obligations of Seller,and are enforceable in accordance with their terms. 12.2 Title to Real Property. Seller owns the Real Property, free and clear of alI encumbrances except the Permitted Encumbrances identified on Exhibit C attached hereto(the"Permitted Encumbrances"). 12..3 Title to Personal Property.. Seller owns the Personal Property,free and clear of all encumbrances. 12.4 Environmental Laws. To the best of Seller's knowledge no toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Section 9601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Property nor has any activity been undertaken on the Property that would cause or contribute to(a)the Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seq., or any similar state Iaw or local ordinance, (b) a release or threatened release of toxic or hazardous wastes or substances,pollutants or contaminants,from the Property within the meaning of, or otherwise bring the Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (c) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act,33 U.S.C_ Section I251 et seq., or the CIean Air Act,4211.S.C. 1-7-05 Section 7401 et seq.,or any similar state law or local ordinance.To the best of Seller's knowledge there are no substances or conditions in or on the Property that may support a claim or cause of action under RCRA,CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation,the Minnesota Environmental Response and Liability Act, Minn. Stat.. 115B ("MERLA") and the Minnesota Petroleum Tank Release Cleanup Act,Minn. Stat. 115C.To the best of Seller's knowledge no above ground or underground tanks are located in or about the Property or have been located under, in or about the Property and have subsequently been removed or filled. 12.5 Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property,nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement except for rights of Purchase and First Refusal Options granted under the Amoco Lease described in Paragraph 4.8 herein. 12.6 Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Property. 12 7 FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or"foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code, 12.8 Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. 12.9 Agents and Employees. No management agents or other personnel employed in connection with the operation of the Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Property, including leases which will survive and remain unpaid after the Date of Closing. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages including reasonable attorneys' fees, that Buyer incurs because of the breach of any of the above representations and warranties,whether such breach is discovered before or after Closing. Each of the representations and warranties herein contained shall survive the Closing. Wherever herein a representation is made to the"knowledge" of Seller, such representation is limited to the knowledge of Curtis Delegard, M. Diane Delegard, Duane Delegard and Anita Delegard. Consummation of this Agreement by Buyer with knowledge of any breach of such representations and warranties by Seller will not constitute a waiver or release 1-7-05 by Buyer of any claims due to such breach. 13 Representations and Warranties by Buyer. Buyer represents and warrants to Seller that Buyer is municipal corporation duly formed under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; that Buyer has the requisite municipal power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; such documents have been duly authorized by all necessary municipal action on the part of Buyer and have been duly executed and delivered; that the execution, delivery and performance by Buyer of such documents do not conflict with or result in violation of state municipal law or any judgment, order or decree of any court or arbiter to which Buyer is a party; such documents are valid and binding obligations of Buyer,and are enforceable in accordance with their terms. Buyer will indemnify Seller,its successors and assigns,against, and will hold Seller,its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing. Consummation of this Agreement by Seller with knowledge of any breach of such warranties and representations by Buyer will not constitute a waiver or release by Seller of any claims due to such breach. 14. Damage. If,prior to the Closing Date, all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause,Seller shall immediately give notice to Buyer of such fact and at Buyer's option(to be exercised within 30 days after Seller's notice), this Agreement shall terminate, in which event neither party will have any further obligations under this Agreement and the Earnest Money,together with any accrued interest,shall be refunded to Buyer. 15. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property by any entity except Buyer, Seller shall immediately give notice to Buyer of such fact and at Buyer's option(to be exercised within 30 days after the date of Seller's notice),this Agreement shall terminate, in which event neither party will have further obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel,appear in,or otherwise act with respect to such condemnation proceedings without Buyer's prior written consent. 16. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims,damages,costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 1-7-05 17. Mutual Indemnification. Seller and Buyer agree to indemnify each other against,and hold each other harmless from, all liabilities (including reasonable attorneys' fees in defending against claims) arising out of the ownership, operation or maintenance of the Property for their respective periods of ownership. Such rights of indemnification will not arise to the extent that(a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question, (net of the cost of collection, including reasonable attorneys' fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, the indemnified party will, upon full performance by the indemnifying party of its • indemnification obligations, assign such rights to the indemnifying party or, if such rights are not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. 18. Assignment Either party may assign its rights under this Agreement with the prior written consent of the other party, before or after Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 19. Survival. All of the terms of this Agreement will survive and be enforceable after the Closing_ 20. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller, or if it is directed to Buyer,by delivering it personally to an officer of Buyer, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with.a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: 205 East 78'h St. Bloomington,MN 55420 Attn:Curtis Delegard Attn: Duane Delegard If to Buyer: City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Attn:Robert Lambert Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party,in any manner above specified, 10 days prior to the effective date of such change. 21. Captions. The paragraph headings or captions appearing in this Agreement are for 1-7-05 convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement 22. Entire Agreement Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 23. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 24. Controlling Law. This Agreement has been made under the laws of the State of Minnesota,and such laws will control its interpretation. 25. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within thirty (30) days of the date of such notice, this Agreement will terminate, and upon such termination Seller may obtain and retain the Earnest Money as liquidated damages,time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer,and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude Buyer from seeking and recovering from Seller damages for nonperformance or specific performance of this Agreement 26. 1031 Exchange. Seller desires to qualify this transaction as part of a tax deferred exchange under Section 1031 of the Internal Revenue Code. To effect the exchange, Buyer shall accommodate and cooperate with Seller in a tax deferred 1031 exchange, provide that said exchange is at no cost and no liability to Buyer. 1N AGREEMENT, Seller and Buyer have executed this Agreement as of the date first written above. SELLER: i/,) ad— A CURTI �DELEG ANE DELEGARD au: ., . , izi-t .... M.DIANE DELEGARD ANITA DELEGARD BUYER: 1.7-05 CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor BY Scott Neal Its City Manager EPlFire Dept\Delgaard Property Purchase\Purchase Agreement010705 1-7-05 EXHIBIT A - Legal Description of the Land(first Recital paragraph) EXHIBIT B - Escrow Agreement EXHIBIT C Permitted Encumbrances(Section I2-2) 1-7-05 EXHIBIT A LEGAL DESCRIPTION Outlot H,Hawthorne of Eden Prairie,Hennepin County,Minnesota 1-7-05 EXHIBIT B ESCROW AGREEMENT The undersigned, Guaranty Title Insurance Company ("Title Company"), acknowledges receipt of$1,000 (the"Earnest Money") to be held by it pursuant to the Purchase Agreement to which this Escrow Agreement is attached. Title Company will hold the Earnest Money (hereinafter the "Earnest Money") in accordance with the terms of the Purchase Agreement and disburse the same strictly in accordance with such terms. Title Company will invest the Earnest Money in such interest-bearing accounts, instruments, corporate paper, or money market funds as approved by both Buyer and Seller, Interest will accrue for the benefit of Buyer, unless the Purchase Agreement is terminated by reason of the default of Buyer, in which case the interest will be paid to Seller. Prior to the Contingency Date, Buyer may direct the Title Company to return the Earnest Money to it if Buyer elects to terminate the Purchase Agreement. Title Company is not responsible for any decision concerning performance or effectiveness of the Purchase Agreement or for resolution of any disputes concerning the Purchase Agreement. Title Company is responsible only to act in accordance with the joint and mutual direction of both Seller and Buyer, or in lieu thereof, the direction of a court of competent jurisdiction except as to Buyer's right to direct the return of the Earnest Money prior to the Contingency Date. Seller and Buyer will hold Title Company harmless from all claims for damages arising out of this Escrow Agreement and do hereby agree to indemnify Title Company for all costs and expenses in connection with this escrow, including court costs and attorneys' fees, except for Title Company's failure to account for the funds held hereunder, or acting in conflict with the terms hereof The fees and charges of the Title Company will be paid by Seller. This Escrow Agreement is dated this—day of , 2005. GUARANTY TITLE INSURANCE COMPANY By Its 1-7-05 EXHIBIT C PERMITTED ENCUMBRANCES 1 Easement for sewer and utility purposes dated November 1, 1998 and recorded as County Recorder Document No. 5488547 in favor of the Metropolitan Waste Control Commission 02/10/05 10:59 FAX 6123496292 GREGERSON ROSOW JOHNSON 1003 LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT This Agreement made this day of January,2005,by and between Curtis Delegard, MarthaD.Delegard,Duane Delegard,and Anita Delegard,of 205 East 78th Street,Bloomington, MN 55420,hereinafter jointly called"Lessor",and BP Products North America Inc_,FKA Amoco Oil Company,a Maryland Corporation with its principal office located at 28100 Torch Parkway,Warrenville,Illinois,60555,hereinafter called"Lessee". WHEREAS,the Lessor and Lessee have previously entered into a Lease Agreement dated January 13,1998,by which Lessor leased to Lessee for the period of 20 years the premises described as follows: Outlot H Hawthorne of Eden Prairie,Hennepin County Minnesota. WHEREAS,the parties desire to terminate and cancel the Lease Agreement and the tenancy as of December 31,2004,dismiss any litigation which may be pending between the parties hereto, and to release each other from their respective obligations under the Lease Agreement. NOW,THEREFORE,in consideration of the mutual covenants contained in this agreement,the parties agree as follows: 1. LEASE TERMINATION. In consideration of the mutual promises contained herein,together with other good and valuable consideration,and with the exception of the rights and obligations created by this Agreement,and subject to the terms hereof,the Lease Agreement shall be and is hereby terminated and cancelled and its term is brought to an end as of December 31,2004,with the same force and effect as if the term of the Lease Agreement were,by its terms, 02/10/05 10:59 FAX 6123496292 GREGERSON ROSO{4 JOHNSON litoo4 fixed to expire on De cember ember 31,200 not on such later date as provided in the Lease 4,and Agreement 2. CONSIDERATION. Lessor shall pay to Lessee the sum of twenty seven thousand five hundred($27,500.00)dollars plus an amount equal to the lease payment made by Lessee to Lessor for the month of January 2005,in the amount of$2,603.98.In the event Lessor has not negotiated the draft received from Lessee for the rent payment of January 2005,Lessor may return the nonnegotiated draft in satisfaction of the payment due in the amount equal to said. January 2005 lease payment. 3. MUTUAL RELEASE. Lessor and Lessee are released and discharged from their respective obligations to observe the terms and conditions of the Lease Agreement on their respective parts to be observed. 4. BINDING EFFECT. All of the terms and conditions of this agreement shall be binding on and inure to the benefit of the parties,and the respective heirs,executors, administrators,assigns,or successors in the interest of the parties. 5. PENDING LITIGATION. The present pending litigation between the parties in the District Court in Hennepin County,Minnesota under File No.HC041228513 shall be dismissed without an award of costs or disbursements to either party,and except for the consideration set forth herein each party shall be responsible for their own attorney fees and costs. 6. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 7. OTHER TERMS. Each of the parties does hereby acknowledge that they have been separately represented by legal counsel prior to the signing of this Lease Termination and 2 02/10/05 10:59 FAX 6123496292 GREGERSON ROSOW JORNSON 005 Mutual Release Agreement and that they have freely and voluntarily entered into this Agreeineot based solely upon the legal advice they have individually obtained and on the terms set forth herein: 8. COUNTERPARTS. This ent maybe executed and delivered in any Agreement.tomem number of counterparts,each of which so executed and delivered shall be deemed to be an original,and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF,the parties have hereto executed this Agreement effective the date and year first above written, LESSOR: Dated:January. ,2005 Curtis Delegard Dated:January_,,2005 Mamba D.Delegard Dated:January__,2005 . Duane Delegard Dated:January ,2005 Anita Delegard LESSEE: g t5Inc. 9,el Dated:January IS,2005 APPROVED Its: (/p Pr ef rU r FOAASM-SM 3 6 02/10/05 11:00 FAX123996_92 2 GREGERSON ROSOW J0r3NSON q13006 STATE OF MINNESOTA }SS COUNTY OF HENNEPIN ) • The foregoing instrument was acknowledged before me this day of 2005,by Curtis Delegard and Martha D. Delegard,husband and wife. Signature of Notary Public (Nomw.L.STAMP OH SEAL(OR OTHERTIIIEOR RA11K STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before zme this day of 2005,by Duane Delegard and Anita Delegard,husband and wife. Signature of Notary Public (NOTARIAL STAMP OR SEAL(ORMIER 7711E OR RANK) • 02/10/05 11:00 FAX 6123496292 GREGERSON ROSOW JOHNSON 0007 STATE OF ILI.INOIS } COUNTY OF DUPAGE } The foregoing instnlment was acknowledged before mew s a5 day of of BP • 2005,by <1tM Uh10`r4t-t.,lo4> Products North America Inc., a corporation under the laws of Maryland,on behalf of BP Products North America Inc. 0( 1 Signature of No Public (NOT rrO,rFIC L SEAL" AMY A.EVANS NOTARY PUBLIC OTATE OF IWNOIS M Commissi:a Expires 12/t12120Q5 THIS INSTRUMENT WAS DRAFTED BY: Peterson&Fishman,P.L.L.P. , 3009 Holmes Avenue South Minneapolis,MN 55408 5 02/10/05 11:00 FAX 6123496292 GREGERSONROSOW JOHNSON fboas LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT This Agreement made this day of January,2005,by and between Curtis Delegard, Martha D.Delegard,Duane Delegard,and Anita Delegard,of 205 East 78111 Street,Bloomington, MN 55420,hereinafter jointly called"Lessor",and BP Products North America Inc.,FKA Amoco Oil Company,a Maryland Corporation with its principal office located at 28100 Torch Parkway,Warrenville,Illinois,60555,hereinafter called"Lessee". WHEREAS,the Lesso r and Lessee have previously entered into a Lease Agreement dated January 1.3,1998,by which Lessor leased to Lessee for the period of 20 years the premises described as follows: Outlot H Hawthorne of Eden Prairie,Hennepin County Minnesota. WHEREAS,the parties desire to terminate and cancel the Lease Agreement and the tenancy as of December 31,2004,dismiss any litigation which may be pending between the parties hereto, and to release each other from their respective obligations under the Lease Agreement. NOW,THEREFORE,in consideration of the mutual covenants contained in this agreement,the parties agree as follows: 1. LEASE TERMINATION. In consideration of the mutual promises contained herein,together with other good and valuable consideration,and with the exception of the rights and obligations created by this Agreement,and subject to the terms hereof,the Lease Agreement shall be and is hereby terminated and cancelled and its term is brought to an end as of December 31,2004,with the same force and effect as if the term of the Lease Agreement were,by its terms, a2i1 alas 11•a o FAX 6123496292 GREGGRSON ROSOW JOHNSON ljaa9 . fixed to expire on December 31,2004,and not on such later date as provided in the Lease Agreement. 2. CONSIDERATION. Lessor shall pay to Lessee the sum of twenty seven thousand five hundred($27,500.00)dollars plus an amount equal to the lease payment made by Lessee to Lessor for the month of January 2005,in the amount of$2,603.98.In the event Lessor has not negotiated the draft received from Lessee for the rent payment of January 2005,Lessor may return the nonnegotiated draft in satisfaction of the payment due in the amount equal to said a January 2405 lease payment. 3. MUTUAL RELEASE.. Lessor and Lessee are released and discharged from their respective obligations to observe the terms and conditions of the Lease Agreement on their respectivepartsc to be obs erved.ervd. 4. BINDING EFFECT. All of the terms and conditions of this agreement shall be binding on and inure to the benefit of the parties,and the respective heirs,executors, administrators,assigns,or successors in the interest of the parties. 5. PENDING LITIGATION. The present pending litigation between the parties in the District Court in Hennepin County,Minnesota under File No.HC041228513 shall be dismissed without an award of costs or disbursements to either party,and except for the consideration set forth herein each party shall be responsible for their own attorney fees and costs. 6. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 7. OTHER TERMS. Each of the parties does hereby acknowledge that they have been separately represented by legal counsel prior to the signing of this Lease Termination and 2 02/10/05 11:01 FAX 6123496292 GREGERSON ROSOSF JOHNSON C 010 Mutual Release Agreement and that they have freely and voluntarily entered into this Agreement obtained and on the terms set forth have individually advice they legal the based solely upon herein. 8. COU NTERPARTS. Agreement may be executed and delivered in any This A number of counterparts,each of which so executed and delivered shall be deemed to be an original,and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF,the parties have hereto executed this Agreement effective the date and year first above written. LESSOR: Offit.tifilervi Dated:Jatmaty ,2005 Curtis Delegard Dated: .z/i,2005 �i;?/t�, t,,/(id` /(.0e-a---7-11--_ Martha D.Delegard Dated: January)47,2005 /" Duane Delegard rN /� Dated:January�i,2005 �� .,-.,, .. Anita Delegard LESSEE: B.P.Products North America,Inc. Dated :January_,2005 By: Its: 3 02/10/05 11:01 FAX 6123496292 GREGERSON ROSOW JOHNSON 1 011 STATE OF MINNESOTA ) }SS COUNTY OF HENNEPIN } The foregoing instrument was acknowledged before me this 7 day of felfurst , 2005,by Curtis Delegard and Martha legar husband and wi. e. Signature of ary P lic (140F :yr NotaryPublic .... Minesota My Corr�Wes bruin 2009 STATE OF MINNESOTA ) }SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this? ay of c,fril'i! 2005,by Duane Delegard and Anita Delegard,hush and wife. / Signature of No Pub c .:.• Rnt,1x) (NOT I` .>ai ,:r �l 1rI }>w- . ► 4°he 1 NotaryPubfo 4 Air Minnesota 4 MyCumaSia+F..4 u.1, „..,„.009 4 02/10/05 11:01 FAX 6123496292 GREGERSON ROSO{5 JOIINSON Q 012 STATE OF ILLINOIS } }SS COUNTY OF DUPAGE } The foregoing instrument was acknowledged before me this day of 2005,by ,the of BP Products North America,Inc.,a corporation under the laws of Maryland,on behalf of BP Products North America,Inc. Signature of Notary Public (NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) THIS INSTRUMENT WAS DRAFTED BY: Peterson&Fishman,P.L.L.P. 3009 Holmes Avenue South Minneapolis,MN 55408 5 CITY COUNCIL AGENDA DATE: SECTION: Report of Director of Parks and Recreation February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII. D. 1. Robert A.Lambert, Director Shuldhiess Family Property Parks&Recreation Requested Action Move to: Authorize staff to negotiate for the purchase of the Shuldhiess property at 9291 Riley Lake Road. Synopsis The 91-foot wide lot located within Riley Lake Park boundaries is owned by a five-member estate. The family members are listing the property at $339,500. Staff would recommend negotiating for the acquisition of the property, subject to the approval of the National Park Service accepting this property as replacement for property at Staring Lake Park. The Parks, Recreation and Natural Resources Commission recommend the Council approve making an offer on the property, if the site has been approved as a replacement site for the LAWCON requirements at the Cummins Grill homestead. Background This parcel contains a total of 20,269 square feet or .465 acres. It has a stucco split-level house constructed in 1958. It has functional obsolescence due to the public road between the house and the lake frontage. It has a public boat access immediately south of the property with a swimming beach, picnic area and boat access parking north of the property. In 2003, the appraised value was $360,000 for the parcel. The family was originally asking $495,000 for the parcel. The lot is currently zoned rural has 91-feet of shore line. It is adjacent to another lot also within Riley Lake Park that has 60-feet of frontage owned by Ernie Shuldhiess. Neither lot meets the requirements for rural zoning. Both lots are in a shoreland area, and do not meet shoreland requirements. The lots and homes are considered non-conforming to current City requirements. This means that the existing homes cannot be altered or enlarged. Routine maintenance can be performed on each house, such as fixing broken windows or repairing the roof. The correct zoning would be R1-13.5,this is single family zoning district with a normal lot size a minimum of 13,500 square feet. The zoning district requires that it be served with City water and sewer. City water and sewer is not adjacent to the existing lots at this time, but will be significantly closer when the parcel south and west of the park is developed later this year. Shuldhiess Family Property February 15, 2005 Page 2 The Parks, Recreation and Natural Resources Commission support the request to acquire this property as private residential homes within park boundaries will eventually cause conflict between home owners and park users. The City Council has directed staff to initiate a request to alleviate the Cummins Grill Homestead from LAWCON restrictions. This would require replacing land of equal or greater value to a Community Park in Eden Prairie. Staff have proposed the Department of Natural Resources consider the Shuldhiess property for that purpose. The City must have approval of the use of the Shuldhiess property for that purpose prior to making an offer to purchase. Attachment Letter from Department of Natural Resources February 4, 2005 ,ct.or Mtrvr�F uo Minnesota Department of Natural Resources 501)1_a tc Road St. Paut. Minn '•uta551.55-4F)_.w.; it) 1. 0 February 4,2005 Mr.Robert A.Lambert Director of Parks and Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 RE: Request to convert LAWCON property at Staring Lake Park Dear Mr. Lambert: I received your proposal to remove approximately one acre surrounding the historic Cummins Grill House from the LAWCON boundary of Staring Lake Park and acquire,as replacement, new parkland near the boat access in Riley Lake Park. We agree this will well 'p protect the historic attributes of the improve outdoor recreation in EdenPrairie as 11 as Cummins Grill site. Your proposal will require amendments to the original grant agreement between the City and the State and between the State and the National Park Service. I will ask the Park Service to approve the amendment to our agreement with them. Once they approve,we will amend the State-City agreement. The City may then proceed with the land exchange. LAWCON guidelines require assurance that the exchange will be in the best interest of outdoor recreation,the replacement land is of at least equal fair market value to the land being removed, the effects on the environment are recognized, and that historical/archaeological resources are protected. The burden of gathering the documentation needed for these assurances is usually placed on the party making the proposal—in this case,the City of Eden Prairie. The attached Parkland Conversion manual describes the conversion process and the documents needed. Please send these documents to me. I will mail them to the National Park Service with our request for approval. Under ordinary circumstances,the replacement lands must be purchased after the National Park Service approves the exchange. Your letter stated the proposed mitigation lands at Riley Lake Park are now on the market. In this case, you may need to purchase the lands soon. I will therefore ask for a waiver that will allow you to purchase them now and use them as the mitigation lands once approval is granted. To do this, I will need an environmental assessment of these lands prepared using the enclosed format. Please send this to me as soon as possible. It may take two to three weeks to secure the waiver, after DNRR!ultimo ion.651.206-6157 • I-S88-646-6367 • TTY:651-296-54g-1, * I-gOO-657,392t? a�t"ctti�1 E7;�tx7r#E�r.iit 1-srtpi i '1` hum]t❑Irtt36l0,1 RF-t C t nttztinnu a %O M31 IngLMI+st ttt`: 1 s1 t C HMIR111,1 1,5.1+te which you may purchase the property. The waiver does not guarantee approval -it only preserves the eligibility of the lands to serve as replacement once approval is granted. Let me know if you need any assistance gathering the required documentation or if you have any questions about the conversion process. Sincerely, c=re i-gr. Joe Hiller Local Grants Unit Community Development Representative 651-296-4891 Enclosures Parkland Conversion.instructions,Epp. Completing The Environmental Assessment Statement,3pp. CITY COUNCIL AGENDA DATE: SECTION: Report of Director of Parks and Recreation February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII. D. 2. Robert A. Lambert,Director Off Leash Dog Park Recommendation Parks&Recreation Requested Action Move to: Authorize approval of the off leash dog park and expansion of the cross-country ski trails south of Purgatory creek, and further to negotiate an easement on the property to the south in order to traverse the slope for cross-country skiers. Synopsis Staff reported back to the Commission regarding information that was discussed at the December 6, 2004 Parks, Recreation and Natural Resources Commission meeting. At that meeting, members of the Off Leash Area Study Committee and other individuals presented information regarding the use of the various park areas for off leash use areas (OLA). One of the areas that was discussed was a portion of Staring Lake Park below the Cummins Grill House. On Thursday, December 23, 2004, Bob Lambert, Libby Hargrove, Cheryl Luce, and Stu Fox walked an area of Staring Lake Park that had been identified as a potential OLA. The feedback that was received from Ms. Hargrove and Ms. Luce was that this area had good potential to be utilized as an exercise area for dogs. Based on that feedback staff has prepared cost estimates associated with converting this area to an OLA. At the February 7 meeting the Parks, Recreation and Natural Resources Commission heard presentations in support of, and in opposition to the proposed off leash area in Staring Lake Park. The Commission voted 3 in favor; 1 abstained to recommend the Council authorize installation of the off leash area. Background Staff took steps to locate topographic information and had the park boundary surveyed to determine exact location of the south and easterly lines of this portion of park property. When walking the area, it was discovered that there are a couple of pinch-points on the site and these involve areas just east of the current cross-country trail course. One area involves a ravine that has several old abandoned cars in it that would have to be cleaned up, as well as stabilizing active erosion in this area. Additionally there is some steep topography that will need to be traversed either using a trail easement across adjacent property or the installation of a set of stairs or modular retaining wall. Staff also visited with Mr. Boonstra, Eden Prairie High School Nordic Coach, to determine the suitability of this area for extension of the cross-country ski trail course. It was also discussed whether or not the addition of a bridge across Purgatory Creek would be a good connection to allow Off Leash Dog Park Recommendation February 15, 2005 Page 2 access to the cross-country ski trail on the north side of Purgatory Creek that also involves portions of the Hennepin Technical College property. The response from Coach Boonstra was that this link would be very valuable to providing additional cross-country ski trails without the need of grooming a trail on Staring Lake in the vicinity of lake outlet which is Purgatory Creek. Staff discussed several issues with these individuals related to this site in regards to the challenging topography as well as the linear nature of the proposed area. The site is approximately 5.7 acres in size. (See attached exhibit). Several challenges are represented in making this particular site one that serves both the summer needs for the dog owners as well as the winter use needs for cross-country skiing. The staff is proposing that there would be three large swing gates that would be closed in the summer time to keep off leash dogs within defined area. There would be two smaller access gates to allow people and dogs to walk into the area during the April through November use timeframe. The staff is recommending the entire site be fenced with 48" high woven wire, commonly called sheep fence. This is the same fencing material that Three Rivers Park District and several other park systems are using for their off leash use areas. The post would be metal posts and these would be driven into the ground and terminal post or gate posts would have to be cemented to provide structural stability for the fence to be tensioned properly. A concern has been discussed both by staff and by other individuals, is that the north side of this area is extremely steep and could be subject to erosion should people or dogs traverse the area with any great frequency. In addition staff has concerns regarding safety because these slopes would be very difficult to traverse both by individuals and their dogs. Therefore the staff is recommending that the fencing on the north side of the proposed OLA be done in manner to keep people and pets from going over this edge and impacting the north facing slope of the area adjacent to Purgatory Creek. The physical dimensions of the site are at its widest point is 300 feet wide; and it is nearly 1,600 feet long.The average width of the site is approximately 200 feet. The staff has prepared some estimated costs for improvements to use this area as an OLA as follows: • 4,000 lineal feet of fencing at$2.20/foot=$8,800 • 3 large swing gates at$1,500/each=$4,500 • 2 pedestrian gates at$500/each=$1,000 • clearing of site, preparation of trails,fill(done with City staff)=$4,000 • modular retaining wall/stairs—this cost would be dependent on whether or not an easement can be acquired for a short segment of property, approximately 100 feet south of the City property line. If a wall is built=estimated$6,000 • miscellaneous signage,trash receptacle, portable toilet costs=estimated $1,500 per season Total estimated costs=$25,800 The estimated cost for a bridge to accommodate the extension of the cross-country ski trail over Purgatory Creek is$60,000. Note: The estimates above include a combination of work done by City staff as well as work that Off Leash Dog Park Recommendation February 15, 2005 Page 3 would be contracted out. City staff would take care of most of the trail clearing, alignment and grade correction items, contracted staff would install the fencing and potentially the bridge crossing. 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This memo is intended to help Commissioners and advocates as they evaluate possible off-leash dog areas in Eden Prairie. Thank you in advance for including it in the public record of tonight's Parks Commission meeting. l \ VA ,T.J1/4Ciii ,‘,.., Jeff Strate A)FOR ToNlGHT 2177o5MEETING: Regarding the proposed off-leash area in the section of Staring Lake Park near the new archery range. B)FOR Ft TURF Q1 lDERATI , tE# EST£}EE I TI Suggestions for 4 possible, small, off-leash areas in northern Eden Prairie. A)STARING LAKE SITE Thoughts on the possible use of a section of Staring Lake Park near the new archery range which may not have been considered, T. Actual demand andfor need should be determined for this off leash area given new ones already opened or soon to be opened in Bryant Lake Regional Park, the Golden Triangle and Carver County. 2, If the need can be demonstrated, the Staring Lake site seems pretty good but should be weighed against the escalating loss of wildlife habitat in Eden Prairie Although the area shows significant human impact, it has developed into a home for birds and wildlife. The commission and council should knowledgeably consider this before approving the site. 3. The ravines and steep slopes are prone to erosion. A means of effectively protecting them should be established and put in place before the area is opened for use. 4. A protocol of evaluating the physical and biological condition of the area on a regular basis should be established. The protocol should provide for placing stressed areas off bounds to dogs until these areas recover— much like practice tees at driving ranges. Page of B)POSSIBLE SITES FOR SMAI [ FR,FENCED,OFF-LEASH AREAS IN NORTHERNEDENPRAIRIE. Each of the following sites appears to have suitable sections for a fenced, off leash dog area. We've provided maps, photos and descriptions when available. Each area's Number is also referenced on the big map. These opinions are based only upon one visit to each site. The yellow shading on the park maps represents areas where off leash uses might make sense. 1. Crosstown H y/ I G en Lake Golf Center parcel (No map). A wooded, isolated, 2 to 2.5 acre area owned by Hennepin County. Access is from the Glen Lake Golf Center Parking lot, via the pedestrian tunnel under the highway to the Eden Prairie side: A short connecting trail would have to be constructed from the tunnel which is used by golfers either walking or riding cars. A use easement would have to be obtained from Heninin County with the approval of Three Rivers Park District. 2. Edgewood Park: Edenvale Boulevard: A wooded, lowland area beyond a city well house and the security fence which surrounds it. This 7.1 acre mini-park may have up to 3 suitable acres for a fenced, off leash area. Edgewood has a parking lot. Buffers consisting of swaths of thick, small trees would shield homes on two sides. Edenvale Conservation Area and Purgatory Creek borders this park to the west. This would be a very accessible area. 3. Holasek Hill Park: Pinnacle Road near Baker Road. This Mini-Park may have up to 1.5, wooded and sloped acres for off leash dog users. Parking is ample and the area is accessible. We are assuming the city has an arrangement with Northwest Health Club to allow tennis players to park in their lot. The woodland here is fragmented from any other natural corridors being bordered by the Health Club parking lot; MnDot land for Interstate 394 and an above ground, water reservoir. Much of the perimeter of the likely off- leash area already has cyclone fencing_ A wide buffer of woodland and some low land would separate the dog area from a few homes on Holasek Lane. 4. Cannel Park: Tyre"'Drive just south of the Crosstown Highway, This 14.8 acre neighborhood park may have two narrow sections which would be suitable for fenced, off-leash use. Both are distant from homes in an area that is washed in freeway noise. Minneapolis' Franklin Terrace Dog Park near the Interstate 94 bridge over the Mississippi seems like a model for these two areas. The park is hard to reach or even to locate except for the adjacent neighborhood. it is also very close to Bryant Lake Regional Park. tt <f t ;1_ 'f f� (..--t� T.-..�NYi-f' W°":,;," _ �k i 'fix '. "y,S',''n,,',Y".'`;�:' ;,,,".ry%'s '' e. ^„,f '\. , ,yM1,r Y'', z"°'s:-, �,- E, :ssi'- z_ •u.„:'at�,t r . :<- r;W1 ;..'31Ps'':: �.:< :<x:9r4r V,%Xk. i'F'r.. _ ,f,•i"'. , .... :a '. 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X " " `, ;'. .: _ ->: f• - • _=sM., f^ ,• � i .. .Yy x1;' a`' ja '. - , , .,„ ,.. . . .°,k 1 . .1- ., f _=3 <-; Y Y al' I i , t rt ; I ii/ . .. r _ . 'Y'•.. « .Y a. .. �:. ,asF.,. y:w t a` " ... V«i.}•,�:%,:�'.�.-'','_,,z:Pik'�,S;^-. • :n^ i 'b ''',, -"fri:te::<.i". .., ; ^4• �" + ,.a„. : -'.' . w - ,i ;�' ;4 ,. ,{, „ Via" 3;' "fiY�„` ^ ,- "� : _ em '? ;a t. ,,t .c , . aY;' «' r:;(>*;y',,�,i a Fir ,,,,,, « EDGEWOOD PARK Location: 6950 Edenvale Boulevard Size(in acres): Developed—0.5;Undeveloped 6.6;Total—7.1 Classification: Mini-park Character: Wooded residential area Adjacent Land Use: Single-family residential Physical Features: Mixture of woods and wetland brush areas. Existing Facilities: • Picnic shelter/well house number 10 • Six parking spaces • Playstructure fg Special Use Groups: Neighborhood use { gg } Eden Prairie Park System Plan DRAFT 2-71 SRF Consulting Group Inc October 2002 Part,Facilities Inventory P 1- , F6/1-ti ‘1:'''.-1.*:;-; # AiMp �L7cpE� O , , # s Fb ,i +.. g .._ i ar C--"H 4';',, , 0 O to m c g = ,<Y CD -, K 0 C 00 mot q � S / ;b 0 ,o O l� / 17-, / ..C‘ d'(* ( \ / i \\ / 0 /)/) City of Eden Prairie Edgewood Park GAVE e"`o. °0i Parks&Natural Resources 6950 Edenvale Blvd. / /; je 0161/4 HOLASEK HILL PARK 14-2 ] Pinnacle Location: 639" Drive Size(in acres): Developed _7 .Q;Undeveloped 2..0;Total—4.0 Classification: Mini-Park Character: Residential/Commercial 3 Adjacent Land Use: Single-family residential and Northwest Athletic Club Single-family Physical Features: Mostly flat sloping off to the south toward Holasek Lane, edgeoaks and Features: The eastminiis densely wooded. . with Vegetation of this park. basswood trees. The park has been landscaped in conjunction with the adjacent Northwest Athletic Club. ExistingFeatures: The site has four tennis courts. Special Use Groups: Neighborhood and tennis programs. ilk Notes and Comments: This mini-park shares parking with the adjacent athletic club. Use I. of the park is limited to tennis playing only. Access to the city water tower is through this parcel of land. Eden Prairie Park System Plan DRAFT 2-84 SRF Consulting Group Inc October 2002 Park Facilities Inventory 1 -• ---- , . .: :: ..., , - . ...:::, ......,.. • . - • --. -,.,.._...„ . ... - --- • ...... • --. 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I ',1...46:' '- '..'. :. . . . , ,''•-...... . ' ' ',''... ''''' ' ''.''''''' - ' , ''' : ' r " .. ra1 •- , ,; ;`1,8 3 0 # .!.. s > may' , 3 ,1. 4" ..u • u� e i , y j , .. ' t z -r r g L +'`gam» +w"�6a•^�'' X e . 7 /ga, ` c'+ " ., i.„,,,,., ,,. tom` •10, A� �L . . ....i. ' • $ +,fie. a 4 .<t �Fgje2 4n-,.: 3r r 4 � ,yam • E "'$ ^gym xlee 'ode +-Y',w•.: + ,y , } -i . --- tli)r Paw. -:- k . fi. a , '" ceM. Fa < { », { d � t � k 3 ';' ;1;?;0..',,,,',,,;'..;-:;.:—•,::,•;;•,,,'„;',4,4,$;,•-:';', ,•.;.,,E',.,•.;9.•°'.'.:itr":4'4,:e0Y.4',1-0 ' lt.--,'"i i.,',1,';'0','''' "•. —11114'414,113tU• :'••• •# ;',440...',-' f';''' ,p �{ y ;j� �{�. ey N k r ` . 41`,'' t N,:.� S' ,E $� _ -'--Kiwi '� 3•.g • " .a '..ems i, li, f .° "., rtJ -/Tvr CARMEL PARK Location: 11610 Tyrell Drive Size(in acres): Developed 4.3;Undeveloped—10.5;Total — 14.8 Classification: Neighborhood Park Character: The park has steep slopes adjacent to Crosstown Highway (State Highway 62), some of which are severe. Contains mature natural volunteer vegetation; 1 Adjacent Land Use: Single-family residential; undeveloped acres have been guided low density residential. Crosstown Highway 62 borders the site on the north property line. Physical Features: Steep slopes are adjacent to the right-of-way. Wetlandlmarsh area along south boundary. Vegetative Features: The park contains mature aspen and cottonwood trees. There is significant natural volunteer vegetation. tow Existing Facilities: • SoftbalWbaseball field * Playstructure • Tennis court/basketball court • Parking area • Internal bituminous trail Special Use Groups: Adjacent neighborhood Problematic Conditions: The park contains a storm water detention basin and is somewhat limited by its existing topography. Notes and Comments: Park site is relatively quiet because park is below highway. Steep slopes and fencing protect park users from the highway. { Eden Prairie Park System Plan DRAFT 2-47 SRF Consulting Group Inc October 2002 Park Facilities In�r:.et;ry I COUNTY ROAD..&2._,(CRO$$BTOWN) .. _ w . 111.i, lel r, >i _ � play: field C i rea i { 8 wetland / �. 5' sidewalk ci. TNORNHILI RO. `� � -` w . \\\I\'''') ��ti 0. '" s br„ ,,, j feet a tao 200 soa > 4 • • ry � i PARK AND CREEK gPARK yPENiakru'rne OPEN SPACE :eYNr$YAr t;itRrp SErNATRtN NOGII F�iN _ .- �Yq(.lr' tSTATES " 3 , SYSTEM PLAN STERLINL -', rN5ER'A7gN )aRA+R1E - �O.ErRENFA7ct � BCdi CRFGt Y � 'I�fL'(;IHf Or : -�rar-•L ,l°N. PK ' ,� �Np� � .<,.GE!lTEP.�• MFA d a � Y.... c ��« WR1r �""" ilETtANE e gkieE3NAiRr/1. , eq a y„ ggE� Q a apt m(*i- c 3'diam vrreMta SS ARNEU. r�CEknrAl. '"""Fx qTy PpRlT t({pyx'RLAR7ElI giNfCF PbRGTAF'f y, ..mm.at: �� ° PARK AND OPEN Rl . MFA ' .•. '' CON"txiNieO,N ':PHGSATT'r "•;• •'� �.:• '" SPACE LAND Ed�+thg P9dtlend .. 3 g w„ 'r 'NESBtr< A�c FR.s" _ CCnsarvatlpn Areas '. ;� a,.x+ Y q e. , PPPiEFKVE PMK Throe RNws Park District •.f&MPAri+ a ••: .am-`�� _ K•• _� rN61K <.,-"Rr £�ACKENE tP.Wft aS .: ' _ Land l0.be ACglirad 4blF dt MtK.i a 61iEF • i"AiNS ad CUUNIPY CLUB E tAMt p,WK ;G+,«% �., ... Pht.. S+JdOCk. . w�:a1� Es fsGment COtieatYaUprl - NTFa A F-s " .s : r ? v� lamt Leased fpr ParkPurposas PMK �' .7 Eden Prairie a h,ul Olekid •" d!.- f. FL1'R1L - 'I - P-£AaAME ct000 fiEtD'9 _:mu L'}LkMS CvEalocK tALS '.,<x Gdf CrRnee • � ;{cPd� PMK,e�: .,. r, anLruPte�Ls' y ...cRcAI ,: "' :. 'mom .F c US Flap.and Wildlife Servla "'� - 'w %+ � '•- ... US Flak end Wildlife Service(hdwe) ,"LE"'ai- ,46 N hplAR a,v ( P tential Neighbprl ao f Park - - F!tEpRiiat- HielwicBile R;CYJ.RU T ANeinCitRf FP,AIR�aLUFT - �� �'+v,.. C:NSER4Ar10H AREA eyte.-..A.+ ri SpN�AxY '.' aCwEx :> : Private Ibe „n . .. ►kErr. PMrt TeChi)kel - •.:• ,.BLL''F#' '"XNSER<AtR7N APfk- 'Sna. �„ /, �j, 7-C4we st z • Private Schpa • 7; , Ly' G✓1 �Gk 61''" 4 Y p N- t j Scadd Use City Fautties t o _. t• AST U,,Arvoeorrern are g Lt.� Dog Off-Leash AreasInformation o Bill �tLeness m �EN � ii- a �t 4�; a 11M11T t#Y A�. �. •lumbia rash .: y. i s'+ Mi • > 14 ACRES Rivers( ..� " •''' 4 ', r . S f..LoUis P K 'II` SMALL OLA .€ Y • i. ids ? STARING LAKE a � ,� r CITY BOUNDAR • • '.: P. MiNfVi T ,, K OUNCS a • HQP s $a 5e e ; X .LARGE CITY .:� 1.< s N •. ._ .. - MEDIUM CITY € SMALL CITY a �M � r hti ehaha41 • • TOWN f ._ .. �� r .'° INTERSTATESI *' ,.. .� � atr + •._ fG" :.:. s.. Ai air: t3UT EGt _--INTERSTATES s 7" Bryant Lake Par J i. m . ( • LAKES RIVERS 4 s U3 € $ i„ `` RUNWAY � � HEl�CL1 • I AIRPORT� • �lyi ioudo TRACTSarver Park denva a • , � ,„ EN RRAlRIE ,� 3 . . a, `}'.a ' • •ag. taring Lake . . .• BLO 4NGT . {z ,.� V • ; .4\ A l l� I • . . � _, ::• � • min n ir1L4177- 6 we . • lin-3.336Mi 5HAK4PEE !: BUViLLE : Presented to € 0• • �� • • Eden Prairie is t, 6 . . �»7u4.• 4 * VA Pa Commission • � AVAGE -�, APPLE l.li:.Y � Parks CtY miss' I. . • �a, wart? )•. 47 Feb Q5 4 i�. " A 4 � •, :40 a " ' lint et r.)11 it;: i 1 . "Need" for another OLA not proven Eden Prairie already has: t More OLAs than any other municipality in the state 2. Very high OLA acreage per thousand residents Off-Leash Areas Near Eden Prairie, 2005 Mileage and driving time estimates by Mapquest.com Place Acres Address City St Zip Miles Minutes 0 Eden Prairie City Hall 8080 Mitchell Rd Eden Prairie MN 55344 0.00 0 1 Edenvale Rink 0.4 7300 Edenvale Blvd Eden Prairie MN 55346 1.48 4 2 Nesbitt Rink 0.4 8641 Center Way Eden Prairie MN 55344 2.95 7 3 Bryant Regional Park 10.0 6800 Rowland Rd Eden Prairie MN 55344 3.88 6 4 Flying Cloud OLA 1.5 7171 Flying Cloud.Dr Eden Prairie MN 55344 4.09 7 5 Crestwood Rink 0.4 9780 Dell Rd Eden Prairie MN 55347 5.13 11 6 Homeward H Rink 0.4 12000 Silverwood Dr Eden Prairie MN 55347 5.36 10 Subtotal City Limits 13.1 7 Bloomington OLA 25.0 6201 W 111th St Bloomington MN 55438 9.31 14 8 Bass Lake Park 1.5 3501 Belt Line Rd St.Louis Park MN 55416 10.90 15 9 Carver Park Reserve 30-40 7025 Victoria Dr Victoria MN 55386 12.18 18 10 Airport Dog Park 80.0 5900 28th Av S Minneapolis MN 55417 12.94 16 11 Lake of the Isles OLA 2.6 2856 E= LOT Isles Pkwy Minneapolis MN 55408 13.34 19 12 French Regional Park 10.0 12605 County Rd 9 Plymouth MN 55441 14.15 16` 13 Minnehaha OLA 4.2 5399 S Minnehaha Park Dr Minneapolis MN 55417 15.12 20 Subtotal 6-15 miles 153.3 + 14 Egan OLA 10.0 17105 County Rd 47 Plymouth MN 55446 17.78 22 15 Riverside OLA 2.6 925 Franklin Terrace Minneapolis MN 55406 17.92 23 16 Alimagnet OLA 7.0 1200 Alimagnet Pkwy Burnsville MN 55337 18.02 21 17 Cleary Lake Regional 35.0 18106 Texas Av Prior Lake MN 55372 18,06 25 18 Crystal Dog Park 4.2 5999 Regent Av N Crystal MN 55429 20.12 27 19 Columbia Park OLA 2,0 700 St.Anthony Pkwy Minneapolis MN 55418 21.83 30 20 Elm Creek Reserve 30.0 13351 Elm Creek Rd Dayton MN 55317 25.66 32 Subtotal 16-25 miles 90.8 2. Environmental. Costs to Consider 1. Wildlife -Completely excluded from 5.7 acres Cut off wildlife corridor(wooded ravine) -Close off both tall grass terraces -Cornerstone of 159 acre wildlife habitat 2. Humans Prevent future expansion of walking trails Dog zone=incompatible with other uses 3. Physical Damage Erosion(inside&outside fence,esp ravine) -Trampled undergrowth -Concentration of dog waste 3. Shortcomings in Decision Process Special interest groups City staff sought input 1.Proponents of Dog DUN 2. Proponents of extending ski trails Environmental impact -Staff proposal does not mention Little opportunity for discussion/consideration by Parks Commission -by general public 1, No public notice of what was under consideration 2.Details of proposal not available until Friday, Feb.4 3. No time for interested citizens to learn and organize 4.Commission encouraged to vote Monday, Feb.7? CITY COUNCIL AGENDA DATE: SECTION: Report of Director of Parks and Recreation February 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert,Director Forest Hills Park Warming House Parks&Recreation Requested Action Move to: Authorize staff to remove Forest Hills Park warming house as soon as possible. Synopsis On Friday night, February 11, 2005 at approximately 11 p.m. someone set fire to the portable restrooms adjacent to the Forest Hills warming house. The fire spread to the warming house and caused major damage to the facility. Fire has destroyed 100% of the roof joist and the east wall of the building. Water used to attempt to put out the fire has thoroughly soaked all of the insulation and remaining walls, which would require removal of all of the interior wall coverings and all of the insulation of the building. Estimated cost to repair the damage to the structure is approximately $20,000; with the estimated cost to replace the entire facility about$25,000. City staff believe the existing structure is an "attractive nuisance" and poses a safety hazard at that school park facility. Staff requests authorization to remove the structure as soon as possible. Background The existing structure is a pre-fabricated garage constructed at Forest Hills school park in the late 1970's as a `temporary structure' until the City had the funds necessary to build a more permanent facility. The City Council and the Parks, Recreation and Natural Resources Commission will be discussing the possibility of a referendum later this year. One of the items that will be discussed will be park improvements to existing parks, including replacing the "temporary" warming houses at Forest Hills School Park, Prairie View School Park and Edenvale Park. Staff would recommend not replacing this facility in 2005 if the Council decides to have a referendum in 2005 and include replacement of this facility on that referendum. If the Council decides to delay a referendum until the future, staff would than bring a recommendation to the Council later this year with options for replacing the facility in 2005. Forest Hills Park Warming House February 15, 2005 Page 2 If the Council decides to proceed with a referendum, the City would flood the rinks at Forest Hills School Park in the winter of 2005-06 and would not provide warming facilities until 2006. The City does have several free skating rinks throughout the City that are provided without warming house facilities,but does not have any hockey rinks without warming house facilities. Attachment Photos of Forest Hills Warming House Rr-Y f�Q y.��2�p a i ir - - • d�a -a • .. 111140:-.„:,, ,i,,‘:,','••••.,t...::: "«ate 3� -