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City Council - 09/20/2005
AGENDA JOINT WORKSHOP OF THE EDEN PRAIRIE SCHOOL BOARD AND CITY COUNCIL & OPEN FORUM/OPEN PODIUM TUESDAY, SEPTEMBER 20,2005 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 SCHOOL BOARD: Chair Jill Scholtz, Vice Chair Barbara Gabbert,Board Members Carol Bomben, Ann Haines, Phil Rose, Greg Olson, Tim Fox SCHOOL DISTRICT STAFF: Superintendent Melissa Krull 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 Deb Sweeney Heritage Room H I. ANDERSON SCHOOL/COMMUNITY CENTER LAND EXCHANGE IDEA—SCOTT NEAL AND BOB LAMBERT II. DEBRIEFING ON 2005 SUMMER EMERGENCY EXERCISE AT EDEN PRAIRIE HIGH SCHOOL—DAN CARLSON III. HIGHWAY 212 PROJECT—GENE DIETZ IV. ECONOMIC DEVELOPMENT UPDATE—DAVID LINDAHL V. COMMUNITY DEMOGRAPHICS UPDATE—JANET JEREMIAH VI. HURRICANE KATRINA RESPONSE Council Chamber II. OPEN FORUM A. TAXES AND SPENDING—PAUL WENDORFF III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 20,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. INTRODUCE AND WELCOME ABC STUDENTS V. RECOGNITION OF 2005 NPRA NIRI EXCELLENCE IN INCLUSION AWARD FOR CARLA KRESS VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,SEPTEMBER 6,2005 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6,2005 VIII. CONSENT CALENDAR A. APPROVE THREE TEMPORARY PERMIT-TO-CONSTRUCT DOCUMENTS FOR THE TH 212 DESIGN-BUILD PROJECT,I.C. 93-5305 B. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE C. ADOPT RESOLUTION APPOINTING ELECTION JUDGES FOR THE NOVEMBER 8,2005,PARK REFERENDUMISCHOOL DISTRICT ELECTION D. PROCLAIM OCTOBER TOASTMASTERS MONTH CITY COUNCIL AGENDA September 20, 2005 Page 2 E. AWARD BID FOR ONE NEW RESCUE BOAT IX. PUBLIC HEARINGS/MEETINGS A. EDENVALE HIGHLANDS 2ND (THE PRESERVE AT EDENVALE)by Calhoun Development. Request for Planned Unit Development Concept Review on 22.7 acres; Planned Unit Development District Rev iew with waivers on 22.7 acres; Zoning District Change from Rural to R1-13.5 on 22.7 acres; Preliminary Plat of 22.7 acres into ten lots, one outlot and road right-of-way. Location: 15598 Michele Lane. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change,Resolution for Preliminary Plat) B. FIRST READING OF AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. STUDENT REPRESENTATIVES ON COMMISSIONS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Lower Purgatory Creek Conservation Area Trail Plan E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CI TY COUNCIL AGENDA September 20, 2005 Page 3 H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT ITEM NO.: UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP OPEN FORUM/OPEN PODIUM TUESDAY,SEPTEMBER 6,2005 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, and Recorder Lorene McWaters Heritage Room H I. COMMUNITY DEVELOPMENT STRATEGIC PLANNING PROCESS City Manager Scott Neal said Community Development Director Janet Jeremiah and her staff have been preparing a strategic plan for housing and economic development and redevelopment. Paul Steinman and Terry Heaton of Springsted were in attendance to ans wer questions regarding financing of proposed initiatives. Jeremiah noted that this was an interdepartmental initiative that drew on the expertise of staff throughout the City. Jeremiah reviewed the list of proposed projects,which have been separated into three categories according to priority. Projects listed as high priority are: • Major Center Area(MCA) wayfinding signage • MCA park acquisition(Lake Idlewild portion of Emerson Industrial property) • MCA local street construction and realignments • MCA streetscaping • MCA public art • MCA mixed use redevelopment with structural parking • Redevelopment of the old Physical Electronics building(Golden Triangle Area) • Conference center with new hotel development,potentially on the old Best Buy headquarters site or in the MCA • Chestnut Apartments improvements • St. John's Woods housing improvements Council Workshop Minutes September 6, 2005—page 2 Medium priority projects are: • Golden Triangle Area neighborhood park site and trail connections • Vikings training facility • Edendale housing improvements • Truth-in-housing(point of sale inspections) • Neighborhood services areas in southwest and northwest portions of the City Lower priorities projects are: • BFI site end use concepts • Midwest asphalt area redevelopment Possible financing sources have been identified for each project. They include grants, loans, fees,tax levies, and special taxing districts. Regulatory considerations are also addressed for each project, and include comp plan and zoning ordinance amendments as well as creation of new zoning districts, such as mixed use zones. Jeremiah explained how projects were prioritized. She said the Major Center Area (MCA)has been identified as high priority because it has community-wide use as Eden Prairie's primary shopping area. Some redevelopment of Golden Triangle seems necessary to address some substantial building issues,which are being analyzed. Two housing projects have also been identified as high priority. The owners of Chestnut Apartments are making some improvements;however, staff believes deterioration at Chestnut Apartments may go deeper than the surface issues. The property managers have been invited to attend the quarterly Property Managers Meeting hosted by the City, but have not done so to date. Jeremiah said the St. John's Woods Townhomes Association is very interested in working with the city. They have deterioration issues they are not able to keep up with because many of the owner/residents are lower income. Neighborhood service areas for southwest and northwest portions of the City would involve placement of small market and drug stores, etc., in or near the neighborhoods. This would reduce the need to drive across town for basic services. This idea can be explored during neighborhood meetings for the comp plan update. Jeremiah said some of the projects, such as the BFI site end use, are listed as low priority not because they are less important, but because there is more time to implement them. Midwest Asphalt area redevelopment is listed as lower priority because the current use is still viable. Redeveloping the area would be extremely costly and would primarily benefit the few local homeowners within about a 2,000' range of the site. In addition to prioritizing projects,the strategic plan process has involved several other initiatives. A staff focus group updated the City's TIF policy and economic strategies documents. The policy includes new features, such as a"look back"policy. Staff focus groups are also discussing business subsidy policies and employment forecasts. A Council Workshop Minutes September 6, 2005—page 3 housing focus group has been established to examine affordable housing and related issues, and a group has been formed to develop strategies for Chestnut Apartments. Jeremiah recommended maxing out the HRA levy to provide a funding source for the projects. She asked for feedback on the projects as well as questions and comments on financing. Mayor Tyra-Lukens said she likes the way the projects have been prioritized. She said she thought park dedication fees were a flat fee, and asked what the four percent in the presentation represents. Bob Lambert said the park fee formula is based on the market value of raw land. The current fee is$3,600 per unit,which represents about four percent of the land value. We can charge up to 10 percent of the land value, and some cities use a percent formula. Eden Prairie's is the fourth highest fee in the state for cities that charge a flat fee. Instead of charging the developer the park fee up front,the City waits until they apply for the building permit. Tyra-Lukens asked if there is a mechanism by which the fee is automatically adjusted. Lambert said the fee is recalculated and increased annually. He noted that the City is probably charging less than what it could. Mayor Tyra-Lukens asked whether or not point-of-sale inspections can be required for multi-family housing as well as for an entire apartment building upon its sale. Jeremiah said the current multi-family maintenance program calls for inspections of multi-family buildings every three years. The point-of-sale proposal would affect single-and two- family homes. Mayor Tyra-Lukens asked how difficult it is to create an EDA. Jeremiah said the process is not onerous. Paul Steinman, the City's consultant from Springsted, said creation of an EDA requires the Council to pass a resolution and bylaws creating the entity, and that can be done as "an action to support a greater goal." Councilmember Case said he believes residents living north of Highway 5, but not directly next to Midwest Asphalt, consider that site one of the most blighted areas of the city. He said he feels staff is missing the whole political piece involved with having an industrial property in a residential area. Case said he believes redevelopment of the Midwest Asphalt area should be considered at least a mid-level priority. He said New Brighton was able to prevail on an eminent domain issue with a similar site. Jeremiah asked for any other input on the Midwest Asphalt site. Jeremiah noted that there is less money in the current budget for the comp plan update then there was for the previous update, so she is concerned about doing any detailed planning for the Midwest Asphalt area as part of this update. She said not all of the projects can be high-priority. Councilmember Butcher said she agrees with the priorities. She thinks the City should be putting energy into the MCA and GTA. Butcher said the City has put a lot of energy into the Birch Island Woods area in recent years, so it is not as if the City has neglected that area of the City. Jeremiah said financing will be a major challenge in implementing these projects, and asked Council for input on this. She noted that when she worked for St.Louis Park,the City was sitting on tens of millions of dollars to fund these types of projects. This is not Council Workshop Minutes September 6, 2005--page 4 the case in Eden Prairie. She said feedback on tools such as the HRA levy and a special service district would be particularly helpful. She stressed that the City will need to find some funding somehow. Councilmember Aho said he agrees the MCA should be a key area of focus. He said as the City develops that area, it will have a ripple effect and be a driving force for other areas. He agrees with Butcher that the GTA is another key area. He said private/public partnerships will be important in.funding projects, though he is not confident the 80/20 scenario will pan out. Mayor Tyra-Lukens said she is involved in the Family Housing Board, and there may be funds available for Chestnut Apartments and St. Johns Woods through them. Councilmember Young said the priority list is great; however, it is difficult to evaluate because the financing piece is uncertain. He said the HRA represents just one more local tax to taxpayers, and he is sensitive to that. He said it would be great if a developer would come in with an idea for the Industrial Boulevard area; however,he is not a fan of using eminent domain for something like that. David Lindahl said a developer approached the City in the past, but they wanted the City to finance 80 percent of the project. Council Chamber II. OPEN FORUM There were no scheduled speakers for Open Forum. III. OPEN PODIUM Two Eden Prairie residents addressed Council about proposed cuts in human services funding. Gary Stevens said he feels the City should continue funding human services, and that it is our moral commission to help people. He said it is money well spent. Jeff Strate concurred with Stevens. Councilmember Young urged Council to continue funding the human services programs long enough to allow for a philosophical discussion on the City's role in social services. IV. ADJOURNMENT UNAPPROVED MINUTES ITEM NO.: VII. B. EDEN PRAIRIE CITY COUNCIL TUESDAY,SEPTEMBER 6,2005 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 er Scott Neal Parks&Recreation Director Bob Lambert Public � Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Amy Cralam and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:15 p.m. IL PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION VH. PUBLIC HEARING FOR CABLE TV FRANCHISE TRANSFER FROM TIME WARNER TO COMCAST (Continued)Resolution No.2005-105 Mayor Tyra-Lukens moved this item to the top of the agenda in order to accommodate the speaker. Case introduced Brian Grogan, attorney for the Southwest Suburban Cable Commission,to review the findings of the Commission regarding the transfer of the City's cable franchise from Time-Warner to Comcast. Neal noted the public hearing is still open. Grogan explained each City must approve the transfer. After a joint deal to purchase Aldephi Communications, Time-Warner and Comcast are swapping some markets to consolidate their operations. The Southwest Cable Commission has checked local franchise requirements, state law, and federal law to make sure the transfer is in compliance. The local level has been met by the public hearings. Grogan noted the City's authority to deny the transfer is restricted unless the provider lacks the qualifications to provide cable service. Grogan noted the provider has not yet registered with the Minnesota Secretary of State, but there is still ample time for them to do so. As the largest cable company in the U.S., Comcast is legally and technically qualified to assume the franchise. The Southwest Suburban Cable Commission unanimously recommends approval. Aho asked whether local public service channels would be impacted. Grogan said Comcast is contractually obligated to maintain the channels and the studio. A resident asked if the fees she pays for cable service in her condo would increase. Case said fees should not change—the biggest impact on residents will be a change in email CITY COUNCIL MINUTES September 6,2005 Page 2 address from mn.rr.com to Comcast.com. Grogan said condo owners typically negotiate a contract with the cable provider, so fees should stay the same until that contract runs out. The contract can then be renegotiated, but that would happen even if the provider did not change. Case clarified the transfer process will go through two holding companies, but to the consumer it will be a direct change in March or April with new names appearing on the bill. MOTION: Case moved, seconded by Aho, to close the Public Hearing and adopt Resolution No.2005-105 approving proposed change of control of Time Warner. Motion carried 5-0. IV. PROCLAMATION DESIGNATING OCTOBER 15 AS BIRCH ISLAND WOODS AS BIRCH ISLAND WOODS BUCKTHORN BUSTING DAY Tyra-Lukens read the proclamation and presented it to resident Jeffrey Strate, asking him to share the plans for the day. Strate explained buckthorn is an invasive weed tree that, due to its long growing season and lack of natural enemies, chokes native woodland vegetation. The Buckthorn Busting event is co-sponsored by the Friends of Birch Island Woods and the local Sierra Club chapter. Churches and scout troops will also help pull buckthorn by hand. In past events, over 300 volunteers have cleared two to three acres of land. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added an item on the City Manager's performance review and an item on Hurricane Katrina relief to Reports of Councilmembers. Case added an item on emergency preparedness and a report on the meeting with the Metropolitan Airports Commission (MAC)to Reports of Councilmembers. Dietz added an update on storm drainage to the Report of the Public Works Director. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,AUGUST 16,2005 MOTION: Young moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 16,2005 CITY COUNCIL MINUTES September 6,2005 Page 3 MOTION: Aho moved, seconded by Case, to approve the City Council minutes as published. Motion carried 5-0. VII. PUBLIC HEARING FOR CABLE TV FRANCHISE TRANSFER FROM TIME WARNER TO COMCAST(Continued)Resolution No.2005-105 This item was discussed and voted at the top of the meeting, following the Council Forum Invitation. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2005-106 APPROVING FINAL PLAT OF PATTERSON ADDITION C. ADOPT RESOLUTION NO.2005-107 APPROVING FINAL PLAT OF EAGLE CREST AT HENNEPIN VILLAGE D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOTS 1,2 AND 3,BLOCK 1,BRYANT LAKE HEIGHTS, SSA 99-06 E. AUTHORIZE ISSUANCE OF A GRADING PERMIT FOR GRADING AND RETAINING WALL IMPROVEMENT 7 34 WILLOW CREEK SAT 0 ROAD F. APPROVE CHANGE ORDER NO. 1 FOR FIRE STATION NO. 4 UTILITY EXTENSION PROJECT,I.C. 05-5654 G. APPROVE PLANS AND SPECIFICATIONS FOR SAND/SALT STORAGE FACILITY AND AUTHORIZE BIDS TO BE RECEIVED ON SEPTEMBER 29,2005 H. AUTHORIZE ISSUANCE OF GRADING PERMIT TO LUNDS FOOD HOLDINGS INC.FOR GRADING AND PARKING LOT IMPROVEMENTS AT 7752 MITCHELL ROAD I. APPROVE CONTRACT WITH LHB INC.TO PERFORM INSPECTIONS AND INVESTIGATIONS OF A PROPERTY AT 6509 FLYING CLOUD DRIVE TO DETERMINE ELIGIBILITY FOR A TAX INCREMENT DEVELOPMENT REDEVELOPMENT DISTRICT J. APPROVE CONTRACT WITH SPRINGSTED INC. TO CONDUCT A COMPLETE TAX INCREMENT FINANCING ANALYSIS AND PLAN FOR A PROPERTY LOCATED AT 6509 FLYING CLOUD DRIVE CITY COUNCIL MINUTES September 6,2005 Page 4 K. APPROVE CITY MANAGER'S PAY INCREASE L. APPROVE CONTRACT WITH MARKETLINE RESEARCH TO CONDUCT A SURVEY OF EDEN PRAIRIE BUSINESS COMMUNITY M. APPROVE INITIATION OF PROCESS TO REVISE WETLAND PERMIT APPLICATION FOR MITIGATION OF WETLANDS AT CRESTWOOD PARK N. APPROVE GUIDELINES REGARDING RESPONSIBILITY FOR FALLEN TREES O. APPROVE LETTER OF SUPPORT FOR HSSC SUBMITTAL FOR REGIONAL PLANNING GRANT FROM HENNEPIN COUNTY P. AWARD BID FOR ROUND LAKE PARK TRAIL CONSTRUCTION TO MIDWEST ASPHALT Q. AWARD CONTRACT FOR INFRARED CONSULTING SERVICES TO PERFORM ROOF MOISTURE SURVEYS AND MECHANICAL SURVEYS FOR CITY-OWNED BUILDINGS R. AWARD CONTRACT TO DECORATIVE DESIGNS,INC.,FOR INTERIOR PLANT MAINTENANCE AT CITY HALL Young asked whether Item L,the survey of businesses, could be done in-house to save the $18,000 consulting fee. Neal said it could not be done to the same level of professionalism as in 2002. This survey is intended to replicate that survey and compare to that baseline, so would lose utility if done differently. Tyra-Lukens asked if the survey would include MCA issues.Neal said one or two questions could be added, but most of the survey will replicate the first. Aho asked if we could just self-administer the existing survey.Neal explained most of the cost is in the telephone polling, not the survey document. Case noted the study requires 400 20-minute interviews. Young agreed to the contract but expressed continued reservations and intent to review the utility and value of the completed report. MOTION: Butcher moved, seconded by Young, to approve Items A-R on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. CODE CHANGES by City of Eden Prairie. First reading of Ordinance 17-2005 amending city code Chapters 2 and 11 regarding the Board of Adjustments and Appeals, non-conforming uses and signs. Neal noted the ordinance includes a number of code revisions in relating to variances, signs, and non-conforming uses. There are several reasons for the CITY COUNCIL MINUTES September 6,2005 Page 5 proposed changes:to be consistent with recent changes in Minnesota Statutes and with recent case law in Minnesota,to resolve any doubt that the City's policies and procedures do not inappropriately restrict free expression,to match ordinance to practice, and to make requirements less broad and more specific. These changes relating to signs are intended to further the purpose and intent behind the sign chapter of the zoning ordinance as expressed by the City Council in 1974, which the Council repeated again in 1991. The Planning Commission voted 6-0 to recommend approval of the code change at the August 22, 2005 meeting. Second reading of this ordinance is located in the section on Ordinances and Resolutions. A unanimous vote is required since both actions are being taken in one meeting. There were no comments from the public. MOTION: Butcher moved, seconded by Case,to close the Public Hearing and approve I"Reading of the Ordinance 17-2005 amending City Code Chapters 2 and 11 relating to non-conforming uses and signs. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Case, Young, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2005-108 AFFIRMING CITY COUNCIL SUPPORT FOR A STATEWIDE SMOKING BAN Tyra-Lukens noted Bloomington recently reaffirmed its resolution supporting a statewide smoking ban in bars and restaurants, and suggested Eden Prairie do the same. Neal explained the resolution closely follows the one passed October 1, 2002, modified to include current references to the Hennepin County ban. Aho said he had heard Hennepin County is re-evaluating the ban and asked the status of those discussions. Tyra-Lukens said their hearings are in process and no decision would be made until October.Aho questioned whether the time was right to reaffirm the resolution. Tyra-Lukens said yes, the County should get the City's opinion while the issue is before them. Young said he also wondered about the timing since the legislative session is months away. The issue is more complex than it appears because of economic issues. Young recommended striking the language referring to Hennepin County, since the outcome of that ban is uncertain, and emphasizing the need for uniformity through a statewide ban to avoid unfairness to businesses. CITY COUNCIL MINUTES September 6,2005 Page 6 Butcher said she did not feel strongly about the timing. She thought Hennepin County would be pleased to have support for a statewide ban. Unfairness to the border cities is the key issue Hennepin County faces now. Neal said if the Council wants to influence the County, it should act before November. He described Commissioner Koblick as a swing voter who would be very interested in the feedback. Case said all levels of government should act on smoking bans, because it is the right thing to do. Action tonight would provide maximum leverage. Case said Eden Prairie should join Bloomington in passing a stricter ordinance than the county and make outside decks half smoking and half not. He said he had received seven or eight resident complaints about smoky restaurant decks. Smoking should also be prohibited 50 feet from a restaurant entrance. The City should push to get a state-level ban quickly to protect businesses. Young wondered if there would be an exception for bars in any statewide ban. He reiterated the need to remove the Hennepin County language from the ban. Tyra- Lukens amended the paragraph to read: "Whereas,various local and county governments have instituted smoking ordinances." Aho agreed on the need to be sensitive to the business community. The state is the only appropriate level for a ban when businesses have to operate side by side. MOTION: Case moved, seconded by Butcher,to adopt Resolution No. 2005-108 supporting, advocating and urging the Minnesota State Legislature to enact a statewide smoke-free law prohibiting smoking in places of employment and restaurants as amended. Motion carried 5-0. B. SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTERS 2 AND 11,REGARDING THE BOARD OF ADJUSTMENTS AND APPEALS NON-CONFORMING USES AND SIGNS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE 17-2005 Synopsis: The first reading of this ordinance was held under the Public Hearing section of this meeting. MOTION: Aho moved, seconded by Case,to approve the 2Rd Reading of the Ordinance 17-2005 amending City Code Chapters 2 and 11 relating to non- conforming uses and signs and Adopt the Resolution approving Summary Ordinance for publication. Motion carried 5-0. XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIIL REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS CITY COUNCIL MINUTES September 6,2005 Page 7 XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Proposed Conservation Commission—Mayor Tyra-Lukens Tyra-Lukens referred Councilmembers to the mission, description and charges draft in the packet. The name of the Commission is open as well, though it should be changed from the previous Commission since the charge is a little different. Tyra-Lukens said the first reading would be on October 2"d and invited comment in the intervening weeks or at that time. She directed Neal to go ahead with plans. 2. City Manager Performance Review—Mayor Tyra-Lukens Tyra-Lukens noted the Council is required to report on its closed session. She read a statement prepared by City Attorney Ric Rosow. The Council was unanimous in determining the City Manager's performance to be excellent. After reviewing City Manager salaries in peer cities, and noting the new state salary cap,the Council determined to raise the City Manager's salary to $123,304, effective November 1,2005,which would result in a total 2005 gross of$115,761. The Council will further increase the City Manager's pay to $132,333 effective May 2006, for a total 2006 gross of$129,319. Tyra-Lukens said the Council was pleased to be able to give this increase. 3. Hurricane Katrina Relief Efforts—Mayor Tyra-Lukens Tyra-Lukens said she received information from the Conference of Mayors sharing needs and lists of legitimate organizations for donations, which she would have posted on the City website.Another need is housing for refugees—the social services center at the mall recently assisted its first refugee visitor, and a local family has already donated use of their unoccupied home. Neal said Staff is ascertaining the level of vacancy, particularly in rental units, to see what capacity might exist in the community for refugee housing. FEMA has also approached the City for equipment and personnel and been given a statement of capacity by Chief Esbensen. The City's services are not required at this time but may be in the future as forces currently serving need to be replaced. Firefighters also coordinated the drop-off of supplies started by Channel 9. Neal said the City would continue to monitor ways it can help. Tyra-Lukens suggested a mentoring program for any refugees who come to Eden Prairie to help them make linkages to services in the community. CITY COUNCIL MINUTES September 6,2005 Page 8 4. Eden Prairie Emergency Preparedness—Councilmember Case Case said two residents asked about the City's preparedness for a devastating disaster, for example, a widespread loss of natural gas service in winter. He assured residents the City is taking a fresh look at its preparedness in the wake of the Katrina disaster. 5. Report on Meeting with MAC—Councilmember Case Case said the August 30, 2005 meeting between the City and MAC was attended by top-level representatives, and very positive. This was the first meeting since the agreement three years ago. Topics discussed included security, pavement depth, noise, night flights, future expansion plans, possible sewer and water connections,having city codes apply to airport buildings, plans for reliever closures, and the Northwest Airlines lawsuit with the FAA. Results included several concrete measures. The MAC will supply information on pavement depth (which determines the weight of planes that can land) in graphic form. MAC reaffirmed its intent to fully abide by the agreement. MAC explained while night flights cannot be restricted due to FAA regulations, the MAC does call night-flying pilots to see if they can adjust their flight times when there are complaints.Half of the night flights are Lifelink flights related to organ donations. The Mac asserted again that the FAA would not attempt to override the agreement. Case also noted the MAC's recent report characterizes Flying Cloud as a "first-tier"reliever, meaning it would he one of the relievers targeted for continued funding and expansion. As feared by some residents,the MAC is indeed looking at a jetport at some point.It is outside the City's power to do much about that, except to diligently enforce its agreement. The MAC is very interested in restarting the Flying Cloud Airport Commission to address resident concerns on an ongoing basis. Case said the City had disbanded the Commission during the agreement negotiation to avoid having two separate voices, but recommended restarting it. Tyra- Lukens said a Commission would help keep open the channels of communication. Aho asked who was on the Commission last time, and what the mission would be. Tyra-Lukens said the Commission had about seven members and was a deliberate mix of pilots, businesses,residents, and zero- expansion advocates. Case said the Commission would hold regular monthly meetings with the MAC to maintain the agreement and handle resident complaints. Tyra-Lukens asked Neal to pull the old charter for the Council to review. CITY COUNCIL MINUTES September 6,2005 Page 9 B. REPORT OF CITY MANAGER 1. Delegates for NLC 2005 Congress of Cities Neal explained the City must elect one voting and one alternate delegate. After a discussion of schedules,the Council nominated Young as the voting delegate and Case as the alternate. Aho, Butcher, Case and Young all plan to attend the meeting. 2. Proposed 2006 Property Tax Levy,Proposed 2006 Budget,Date(s) for Truth-in-Taxation Hearings) and Proposed HRA Tax Levy (Resolution No.2005-110) Neal explained the City must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition,the City Council must accept a proposed budget for the coming year and set a date for the"Truth-in-Taxation"hearing and a date to reconvene it(if necessary). The Council must adopt the final tax levy and budget by December 20. Minnesota Law also authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Neal said the resolution is based on the original proposal presented at the August 16 Council Workshop. Alternative scenarios A-G, presented since then, are also in the packet. He requested the Council adopt one of those or the original proposal. Tyra-Lukens questioned the $100,000 in additional fuel costs. She asked if fuel use could be reduced instead.Neal said the estimate is based on current consumption, 60-70%of which is used for public safety purposes. He committed to look at ways to reduce fuel costs. Aho asked if costs for heating would also increase. Dietz said the fuel oil cost has been adjusted up by 6%,which is what Centerpoint recommended. Case supported the full reinstatement of human service funding.He noted these funds are leveraged greatly by volunteers, and the City has a moral obligation to take the lead. Regarding fuel costs, it would be better to plan for increased costs than go into the reserve. For the streetlight fees, Case said adding up the streetlight, HRA, and general fund increases yields an increase in the levy of about 8%. While other cities range from 4-12%, this seemed high to Case. Case proposed moving more aggressively to reduce the revenue stabilization fund to reduce the levy increase. The City is already seeing a drop in fees from new construction,which is what the revenue stabilization fund was designed to buffer. The City could try to reach Young's proposed 10%revenue stabilization fund level in 2012,rather CITY COUNCIL MINUTES September 6,2005 Page 10 than having a 15%level in 2012. The money taken out of the fund could be used during the next seven years, taking the funds down from 18%to 15%and finally 10%in 2012, still leaving the future Council with a considerable buffer. It would have to be made clear to residents that the City is using savings generated by its conservative budgeting. Butcher said she was completely uncomfortable with cutting human services. There is a human face to those services and many long-term residents depend on them. Fuel costs should be included as a responsible course of action. Butcher noted the streetlight utility concept has been discussed for years, and many cities have it in place. She supported scenario G as the most prudent and best course. Young said he was mindful today's discussion only sets the maximum amount of the levy. He hoped the Council would continue to discuss the budget. He saw a 7-8% increase in the budget over 2005 as too high. Young agreed grants to volunteer-based human services should be continued. They abate the cost of government significantly. He questioned the need for direct human services provided by City Staff and wondered if they could be redundant given County services. He asked for more information on this point before approving the budget. Young supported the fuel cost addition. He preferred leaving streetlights in the general fund to promote simplicity and transparency. Young saw scenario E as most appealing, but said the scenario chosen was secondary to his concerns about the budget. Aho said his concern was the overall tax burden.How it is broken out is merely a philosophical question. The levy structure should be as uncomplicated and deductible as possible. Aho agreed the increase was too high. He noted he had already spoken to Staff and Neal about potential areas for savings. Using the revenue stabilization fund could be prudent, but the budget is still increasing too much regardless of how it is funded. Tyra-Lukens asked if the Council could continue to reduce the levy and the budget the way the resolution is written.Neal said yes. The Council could go forward with the August 16th proposal or any scenario that is less.Neal said he was confident he could find the needed $70,000 for human services with little impact on overall services. Young asked if the resolution assumes the creation of a streetlight utility fee.Neal said the numbers do not include the$750,000 in streetlight costs. If the City decided not to create the fee,there would be a significant hole in the budget. Tyra-Lukens asked if option G would work without the utility.Neal said no. The calculation includes$1,321,713 in fiscal disparity funds. Case recommended reaching a consensus on streetlights before going forward. CITY COUNCIL MINUTES September 6,2005 Page 11 Aho said pulling out streetlights skews the apparent increase in the levy considerably. Case said the public could be told the true rate.Tyra-Lukens noted the street lighting fee is only$2-3 dollars per month. Neal reviewed that an increase in the levy does not translate into the same percentage increase to individual City taxpayers.tax ay The Ci has an increase in P the number of taxpayers and the value of property. For example, in scenario G, a 3.81%increase in total tax levy translated into a 2.72%net increase for a median home. In the original August 16th proposal,all classifications of commercial, industrial, and market rate apartments had decreases in their net tax costs of 14%. Neal suggested adding $750,000 to the numbers in the resolution to preserve the option to add back street lighting after further discussion. The Council could reduce the number later;this is common. Aho asked where fiscal disparity fits in.Neal explained the total levy includes about$1,321,713 million of fiscal disparities,which is distributed fromn Ede Prairie to a pool whichi benefits cities of lesser means. Young noted the revenue stabilization fund can smooth the transition, but long-term, to sustain a reasonable levy rate the City must look at the cost side, for example, of ambitious projects like the MCA. Young supported getting the levy increase closer to last year's increase of 3%. MOTION: Butcher moved, seconded by Case,to adopt Resolution No. 2005-110,which certifies the proposed 2006 net property tax levy to be $28,978,845, sets the"Truth-in-Taxation"public hearing for Monday, December 5, 2005 and, if necessary, to reconvene the public hearing on Tuesday, December 13, 2005; accepts the proposed 2006 budget of $75,033,173; and consents and approves the HRA tax levy of$200,000. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Study Update Jeremiah shared developments since the last Open House in April. The Major Center Area task force has met twice and completed its work. Jeremiah also met with the Parks and Recreation Commission, the joint Planning Commission and City Council,the morning Rotary, developers, the Chamber of Commerce, and several key property owners regarding their preferred options for development, transport and wayfinding. There will be more opportunity for public input at the next Open House scheduled for Tuesday, September 27 from 5-7 p.m. at the Eden Prairie CITY COUNCIL MINUTES September 6,2005 Page 12 Center Community Rooms, located on the lower level. Jeremiah invited all Councilmembers to attend. 2. Amended Development Agreement for Eagle Ridge at Hennepin Village 61h Addition,and Affordable Housing Regulatory Agreement between Ryland Group and City of Eden Prairie Jeremiah noted The Ryland Group, Inc., has agreed to provide eight(8) affordable units within the development. The project has changed slightly in that the affordable units will be provided at the carriage homes, not the 6th addition of single-family homes. Section 16 of the Development Agreement has been removed and incorporated in the Affordable Housing Regulatory Agreement. The agreement is contingent City Attorney approval of the development agreement and the Affordable Housing Regulatory Agreement. The units must remain affordable for 40 years. It is likely that Ryland will be working with WALT to handle the affordable housing portion. The Affordable Housing Regulatory Agreement provides a new provision for release of the agreement if after 3-6 months after issuance of the occupancy permit,the affordable unit has not been sold to a qualified buyer. The developer would have to reimburse the City for the difference between the market and affordable rate. WALT believes this time is adequate for them to market the units, as they can begin marketing about 5 months before the occupancy permit is issued. Tyra-Lukens asked if the release provision would apply to the initial sale, or to all sales over the 40-year period. Jeremiah said if WALT administers the units,the release provision would apply to the initial sale only. If WALT is not involved and the developer markets the affordable units on their own,the release provision could remain in place for subsequent sales. MOTION: Young moved, seconded by Aho, to approve the Amendment to the Development Agreement for Eagle Ridge at Hennepin Village 6th Addition; and approve the Affordable Housing Regulatory Agreement between The Ryland Group Inc., and the City of Eden Prairie. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Purgatory Creek Recreation Area Access and Intersection Improvements Lambert noted the City surcharged the access area years ago to prepare for construction.Earlier this year the City got an engineer's estimate of $174,000 for the access.After reviewing all of the intersection and signal CITY COUNCIL MINUTES September 6,2005 Page 13 improvements the estimate was revised to $311,000.Four bids were received at the bid opening and the lowest bid was $357,4 76.28. Since the bids more than doubled from the engineers estimate for improvements of the road within the park, at the current time the City does not have adequate funding to recommend approval of this project. The Parks and Recreation budget would pay for a portion and the Public Works budget could pick up approximately$60,000 of the project work;however, this would still leave a shortage of$123,000 to have the work done this fall. Lambert recommended contacting the Flagship office building to see if they would be interested in funding a portion of the project, since it is difficult to turn left out of their facility and a signal would benefit them. If negotiations were successful, he would bring another proposal in February. Tyra-Lukens agreed this was an excellent idea. MOTION: Case moved, seconded by Butcher,to reject all bids for the Purgatory Creek Recreation Area access road reconstruction. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Drainage Update Dietz reported the City is sandbagging along Grier Lane, south of the old library. Water from Eden Lake could threaten 12-13 homes if the area gets an additional 1.5 inches of rain this week. A pump is also going. Dietz noted Saturday's storm generated 39 calls for service. In some cases, flooding was due to poor home maintenance; in others,the ponding areas came up too quickly to respond. The Grier Lane project is a location where preventative measures can still be effective. Case noted the rainfall was 6.5 inches at City Center, with residents reporting 8-10 inches in some areas of the City. The drainage system is built for a 100-year storm, and Saturday storm qualifies as such a storm. It is not surprising there was some flooding. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS A. CLOSED SESSION CITY COUNCIL MINUTES September 6,2005 Page 14 The Council went into closed session to discuss the sale price of city-owned real estate. XVII. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting and go into a closed session. Motion carried 5-0. The meeting adjourned at 9:05 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 20, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 93-5305 ITEM NO.: VIII.A. Rodney Rue Approve"Temporary Permit to Public Works/Engineering Construct'Documents for the T 1212 Design-Build Project Requested Action Move to: Approve three"Temporary Permit to Construct"documents for the TH 21.2 Design-Build Project. Synopsis These documents provide WDOT and their TH 212 Design-Builder (Zumbro River Constructors) (ZRC)temporary easements in designated areas beyond their current right-of-way. These temporary easements will allow them to construct the required improvements or"tie into' the existing topography more effectively. The three documents include the following areas (as shown on the attached drawings): • Along the north and west boundaries of the Fire Station No. 4 property • Near the most westerly parking lot in Miller Park • Near the south end of Shoreline Drive within Miller Park These easements are proposed to be provided without compensation from MnDOT. Background Information The easement at the Fire Station No. 4 property is for grading purposes. We have requested that they grade into the property to more effectively construct the proposed bituminous trail. The easement near the westerly parking lot in Miller Park will allow them to reconstruct the existing trail and parking lot connection more effectively. The easement at the south end of Shoreline Drive will allow them to construct the proposed trail connection at a more acceptable grade. Attachments • 3 "Temporary Permit to Construct' documents with supporting maps TEMPORARY PERMIT TO CONSTRUCT C.S. 1017-12(312=260) Government Lot 5 Dated: September 1,2005 County of Hennepin The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No.212 in Hennepin County,Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Hennepin County,Minnesota described as follows: That part of the NW'/a,of the SW'/<,of Section 17,Township 116,Range 22 shown colored in red on Exhibit A attached hereto. The undersigned,having an interest in the above described real property,understand that they are not required to surrender possession of real property without just compensation and are not required to surrender lawfully occupied real property without at least 90 days notice. For a valuable consideration,the undersigned hereby waive these rights and give the State of Minnesota an immediate right of entry and permit for construction of a trail connection from the existing trail to the proposed trail along Miller Park West at the entrance to the parking lot adjacent to the soccer fields. This Pe rmit will.expire when construction is completed. DP2_TEMP PERMIT TO CONST trail conn_MPW_parking lot.doc POINT ALIGNMENT STATION OFFSET LOCATION ELEVATION COMMENT 640 MILLER PARK WEST 24+67.67 14.2' LT 886.51 END RAD 641 MILLER PARK PARKING LOT DRIVE 10+22.52 21.8' RT 885.86 MID RAID 642 MILLER PARK PARKING LOT DRIVE 10+44.46 14.2' RT 885.21 END RAO 643 MILLER PARK PARKING LOT DRIVE 10+47.00 14.2' RT 885.07 END WARPING 644 MILLER PARK PARKING LOT DRIVE 10+47.00 14.2' LT 885.07 END WARPING 1 645 LER PARK PARKING LOT DRIVE 10+39.99 14.2' LT 885.41 END RAD M MILILLER PARK PARKING LOT DRNE 10+21.32 22.,' LT 886.20 MID RAD 647 MILLER PARK WEST 1 23+86.07 14.2' LT 887.00 END RAD I 2 _:-J 0 \ I SCALE IN FEET MILDER PARK DRIVE S A ® z�z 1z.3 I TAP H03.T •00. (TA ERl� (CURB TYPE TRANS IT 1 00.1 •00.0 U B TYPE TRANSITION) (TAPE 1 0.T •90. -f PER1 86 B C 20, 06 B Ci � t c i... + 3.5 13.5a BBIB C4G - 30' R 7 R S. BIT. TRAIL /C- MILLER PARK WEST 25 6 13.5 T 13.5' p 6% �r 2A 8618 CBG BBIB CSG �2.0% _ .- - - - - 2.�A - - - >> 2's 22 13.5 _ B, BIT.TBAl` �.�`\\ ---------------=---------------------- GENERAL NOTES. V-.rv'�,r-✓„'y.r-�-1 \\\'�� 1 ALL I STATON/OFFSET/LOCATION ELEVATIONS "\1 7 ARE TO TOP BACK OF CURB UNLESS BB18 CBG \ NOTED OTHERWISE. f}/ / 2 ALL ROADWAY DIMENSIONS AT FACE OF CURB. LEGEND 3 ELEVATIONS AT PEDESTRIAN CURB RAMPS DETERMINED USING - T INPUT GUTTER SLOPE AND VA THE FULL CURB CROSS SLOPE WARPING HEIGHT. ACTUAL CLOG LHEIGHTOCATIONS. WILL VARY FROM THE FULL xE IGxT AT THESE LOCATIONS. / \ NOTES. SEE TABLE FOR (3)REFER FOOR EPEDESTRIAN ® INFORMATION CURB RAMP DETAIL. / ®tO' CURB TYPE TRANSITION. y !! M A OR COf6 T ql nree.r rror roles soe be,ioM uxipOl x4FA5[0 iM[awStNLi1M gA a�sfamp�� ��g „ TH 212 DESIGN BUILD ISP 1017-12) SHEET ! 0 rrnm-1 DAY(BP.MELON Zumbro INTERSECTION DETAIL 02IN05 riverconshuctors �,�`� MILLER PARK WEST 02 D- •^ PARR ING LOi No osre Br cso Av xzvtslon oo.e ucen.e zsrsz Dore Moor ::= ..noP az�movu.oz.ros.aW, TEMPORARY PERMIT TO CONSTRUCT C.S. 1017-12(312=260) Government Lot 4 Dated: September 1,2005 County of Hennepin The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. 212 in Hennepin County,Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Hennepin County,Minnesota described as follows: That part of the SE t/4,of the SW 1/4,of Section 17,Township 116,Range 22 shown colored in red on Exhibit A attached hereto. The undersigned,,having an.interest in the above described real property,understand that they are not required to surrender possession of real property without just compensation and are not required to surrender lawfully occupied real property without at least 90 days notice. For a valuable consideration,the undersigned hereby waive these rights and give the State of Minnesota an immediate right of entry and pen-nit for construction of a trail connection. This Permit will expire when construction is completed. DP2 TEMP PERMIT TO CONST_tcaB conn.doc r 2W �M �+ _ tea$ F I I TH 212�STA 1284+53.64 a1G NW RAMP CSAH 4 STA'4,0+00.00 o i CONST. LIMITS _ ......_ - `1 - r—_ /! ENVIRONMENTALLY ` SENSITIVE AREA ------------ ° 12' BIT. / 1` \ TRAIL 2 SEE RETAINING WALL PLANS TRAIL 12 BIT. TRAIL as 25, 15 � � 10' BIT. TRAIL 1•-__--___- _—______.o B424 C&G 8424 c&G �. WB TH 212 D4 INT CURB \ �, �l 1 12' f-- 128 12' d P 3' BIT. SHOULDER d 3' BIT. SHOULDER 13 , 12' +40.0 BRIDGE NO. 27R30/ B424 C&G +30.0 +00.4 / , 1:15 / s TRAIL 2 212 _A POItT�45700' RT OF TEMPORARY PERMIT TO CONSTRUCT C.S. 1017-12(312=260) Outl of H,Hawthorne of Eden Prairie Addition Dated: September 1,2005 County of Hennepin The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No.212 in Hennepin County,Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Hennepin County,Minnesota described as follows: That part of the NE '/4, of the SW'/4,and SE '/4,of the SW '/4,of Section 18,Township 116,Range 22 shown colored in red on Exhibit A (sheets 1 &2) attached hereto. The undersigned,having an interest in the,above described real property,understand that they are not required to surrender possession of real property without just compensation and are not required to surrender lawfully occupied real property without 4t least 90 days notice. For a valuable consideration,the undersigned hereby waive these rights and give the State of Minnesota an immediate right of entry and permit for construction to accommodate the limits of construction and finish grading for Dell Road and Linwood Court at the Eden Prairie Fire Station site. This Permit will expire when construction is completed. DP2_TEMP PERMIT TO CONST Dell Road at Fire Station.doc NOTES, Q1 GUARORAIL AND NOISE WALLS ARE SHOWN FOR INFORMATION ONLY, THE FINAL DESIGNS WILL 1� BE SHOWN IN OP 21. © PEDESTRAIN CURB RAMP, STD. PLT. 7036. MEDIAN NOSE, STD. PLT. 71t}, _ IO T.E.__- ® EXIT NOSE, STD. PLT. T108 r I 6',/WALK f 1 / i, ® 10' CURB TYPE TRANSITION I / O o •96.0 I t 84 INT CURB }r` 2 / •96.0 Q6 DECELERATION LANE, SEE SHEET 025Pxx, \y / +46.0 W UT B t /- / I 100 10. +L // 4fl.0 A�1 .00,0 SCALE IN FEET I ' i +00.0 6' TRAIL +47.4 c , , S •43.4 r •80.5 N NW LOOP ; 20 i •1s.4 - _ DELL RD B4 INT CUNB } +I6.5 •63.5 .I ® ;1, i ;;' •2 0 •67,0 6 c 4 0 2. 1'245® �' Dor• 12' N Do . o ; 3` SHOULD" 21 + S (t WB TH 212 P Pam-_.._. r= 0 }} 7' SHOULDER ��-. 4,p �P i i i i 1 1 ( m •y 13• 2.0 ; ' l Ld �► 12' .0 '. I O Z B4 INT CURB L Ln 1.66. 1 ES TH 2Iz '�\ BR. SE RAMP DEL L RD 2 D4 INT CURB t Z \ \ r L'- SW CRAMP DELL RD \ \ SE6-SMEET ortx02 \ Q `Z FOR INTE44TJOµ,DFTTAILS. \ lal •III < \ _ NB'I DELL RD _ -- INT CURppBpp •0T.1 '� I ~ I �; J ��BERMOF NOISE LEGEND �\ -C ST. LIMITS r' SB D)LL RD 1 1 2z.o4.8 ~ i ® - PROPOSED R/W tiy�...,,'-+-._„_.y:- ..�/r !,1 14• 0 I 2 2.0 7 _ EXISTING R/W J ('•T`� .r •'� _ 06.6 93.5 2.•• 2.0 2. _ .61 --- CONSTRUCTION LIMITS '"✓4- _ �� -i41.4 T i 0.0 13.4 0. TEMPORARY EASEMENT .- ..�"''.,...��# W CONTROLLED ACCESS \ (L SW RAMP DELL RD +89 4 \< I • °� \` ^' I�I J - -s-- ENVIRONMENTALLY n' \\ ',I \ 32L91 w SENSITIVE AREA \.\\�. $--`>S?, - NOISE WALL RETAINING WALL '��� I, i 1 •8��j ENVIRONMENTALLY t ` .j SENSITIVE AREA \ •=y . i 0 -11 -.0. TRAFFIC DIRECTION QPEO CURB RAMP TRANSITION g TH 212 DESIGN BUILD ISP 1017-12f SHEET It!F P.,..ran. �OAVID P. NELSON rim.Han;4ox Mao bro CONSTRUCTION PLAN 2CPONO OAIE rhwCOO761)ctw SSZUM �E A. 20-0 DELL ROAD OF - woor 1.,��A $7A. 1240.00 TO STA. 1250+00 \� '`: +1,;•, * :C NOTES: of GUARDRAIL AND NOISE WALLS ARE SHOWN FOR LEGEND /''/ y INFO ORMATIGN ONLY. THE FINAL DESIGNS WILL /� t.+.,, A�YP• / ,•.'1 -.,� ^�\\* BE 9HOWN IN OP 21. - PROPOSED R/W PEDESTRAIN CURB RAMP. STO. PLT. 7036. -\ \\ ~~1\ %.:i. \\`` �\•. "\.: © '-- E%!STING R/W MEDIAN NOSE, STD. Pl i, 7113. ------------ CONSTRUCTION LIMITS / \ �, \\ � N8 DELL RO ® 10' CURB TYPE TRANSITION. TEMPORARY EASE NT > / �� \\ ���4 �\ CONTROLLED AccME ES SENSUINVEVENTALL NOISE WALL RETAINING WALL 100 ,\`` \\\` �\\\,�\ /. � j _ � �► TRAFFIC DIRECTION SCALE 1N FEET \`\ \ \� \ \t r j r -i.Yi �'-% *• �`z- ,d'--1J PED CURB RAMP SUPERELEVA SB DELL RD \\ \\ i * I V\. * TRANSITIONTION \•\ / ( ;u \ ;% a, `r Y?v �---•;. __—__' .. ___' � a \ \ * \ \\SEP,A�L e I 511 PILES ( { �> '624 cuRe► 01 *� -vi * t E i t� t a624 cgW+eTER \1 L *�.l',r .'7.� ,*;.,r f✓f i, r+ * ,liK-�Lr t 6'"kk ALK 1 ,. �: �RF'-Ir-FY..-� * J '1,. BELL R PNS7RNE NTA 10 IG Rl_ k k -_� ( S r ♦ l(y I I•__*� �EEI-SNTIE 021N I ,lft r` ' Y FOR INTER ECTI NB�Ta{L5. r S6E'94EET 4024'fy03�'2^y_ '. F INTERSECTION OEiA1LY' ! 1 ��e v-:� * � rJ c•t'^a ry* .x In �.,: _ „¢i:vf�____; S�' / r�.ti1i� �' �' Sc011.O / Q --i--- 1--�_I rJ;. � <�,,. r� rr -i"� / - I :_� LINWOOD C ^r r �, �o t •60.0 - OURi 1�- i„ 0rT' Ft Mt NW RAMP +a.T 09. 'Iii S --I --' 1 i 0 eIBT 4 r J„c� i ty DELL RD .91.7 +39.T © � _-- 7•] / ' `b4z4ticuR�gBr—�� TI 5,1 CONST. LIMITS� LpIy 14 'MILL (I.ST MENT P NIL F FO R r0WNNyMEgxra _ 04 INT CURB ��� B' •00 �t \\ Y 'T.1E \\ ,\ I 40' CURB L �•10 { 11 2p B• .40.z it -A6 I �// rf j ? a• b �' CONST:LIMITS i) 1 <;Gam? ST C, X B4 INT CURB C + I I� i 8618 CL6 B DI INT CURB B s B64i C RB-L - 1 1 _ 1 •C, 04 INT CURB h I/ +43.1 'I CU £W i_. -_A 'L;i T 0 WALK : ��� - I I i I E SWEET NO �- - , I • j / n OR INTER5� I F,TAI I '- ��GUTTER •- _-_-L__- / / � U ij �y� e -- - E NW LOOP DELL RD_ +so. o N6t �° �,° '�"°^� •' 212 DESIGN BUILD ESP 1017-12) SHEET 5@. Pm,. --DAYIDrP.•NELSON e• vr:nrx•e...W.+cwao Zumbro TH CONSTRUCTION PLAN 2CPO =f xo oA W. ao avvR try•�� DELL ROAD. MILLER PARK WEST OF Nverc°Nshuro Dora iice„ee 2]752 n,.e • ��' NB DELL ROAD STA 464-00.00 TO STA 469+00.04 NOTES, 1QGUARORAIL AND NOISE MALLS ARE SHOWN FOR INFORMATION ONLY. THE FINAL DESIGNS WILL BE SHOWN IN DP 21. Q PEDESTRAIN CURB RAMP, STD. PLT. 7036. Q MEDIAN NOSE. STD. PLT. 7113. Q EXIT NOSE, STD. PLT, 7108 I I ff ) 6'/WALN -- I _! 10' CURB TYPE TRANSITION 89 INT CURB J p •96.0 8Q OECELERATI0.LANE, SEE SHEET 025PXX, f *96'0 04 NT `l � 1 8.0 IO• �.r r t {1 Q •00.0 SCALE IN FEET /+00.0 8' TRAIL I I •9T.9 � f I I { •43.4 I a •80.5 c, rL NW LOOP 3 zo i •I5.4 DELL RD i``it ty •, = 8 • B9 INT CURB +63.5 �.3 it1'1 1 i i •I.0 +67.0 F 6 (i anr 4.0 2. I'295 9 W I2' .0 1 J.,. Q 11, p N + WB TH 212 r � 3' SHOULD" r •• � � •,:)•`, •1.`'�1 r 2 }} _ (`• . . V r 3' SHOULD ER �-'-l� A.0 O "-+--P I /y Do.N. .� IFti,2.0 , 1 '' i (250 w �► 12' < y ) .0 ; .I 1 O H ° o in . INT CURB 1 i N r•66. r P1 EB iH 212 j BR. d, 27137 -- - � x 09 INr cube 1 \ \ 1 SE RAMP DELL RD U rL i \ ^JJjjJ}�----.SE6-SHE[ 02IN02 SW}RAMP DELL RD 'S \, 10 27 FOR INTER�T�1N{,DiA[L5. w SG J �l INT CURB II t \ i_- tF NBI DELL RD J __ ppvv •07.1 I - Y f I _ ��BEMMOF NOISE 8' y_l \�\ LEGEND CONS'. LIUITS 22' _ \\ i fa7 rrL 58 D LL RD ©F © •04.8 < PROPOSED R/W '!\„--�'�--_„_„ram``-v.,lr�r ��x\ rl 11• .0 ( © f 2 0 61 7 EXISTING R/W d-.�' I� �\ ,r �� 2. 2, T I.80.0 •�•.93.5 ' -----------^ CONSTRUCTION LIMIfS "'JM .�.,../ %�� __`53.9 _ �..v 60.5 •06 ,\� •61.81 •06.8 TEMPORARY EASEMENT •89.9 1 �:Y*�4 �\ la t.._.. •40,{.01.'1' �.� y CONTROLLED ACCESS '' rt SW RAMP DELL RD -i �- ENVIRONMENTALLY `\ JJ i SENSITIVE AREA �� 'h--+32, _ 32._41 $ NOISE WALL 8 �V�--•1/-' RETAINING WALL ENVIRONMENTALLY A L11 1 .�1 j' SENSITIVE AREA L \ i 1 p 1 _ TRAFFIC DIRECTION /� 1 PED CURB RAMP 7 SUPERELEVATION ` ® TRANSITION TH 212 DESIGN BUILD (SP 1017-12) SHEET RRe Primn uDAVIDrP. NELSON Pr,mnme,dMlcel4lo Zumbro CONSTRUCTION PLAN 02CPOE q_y No oA er ceo APPR RLYI nN Merco uhucion 3 TH 212. DELL ROAD OF L I�'"'• -2 _ STA. 1240.00 TO STA. 1250.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 20, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Jim Richardson Adopt Resolution Declaring Costs to be Public Works/Engineering Assessed and Ordering Preparation of Special Assessment Roll and Setting Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of special assessment hearing rolls and setting hearing date. Synopsis This Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments • Attach 1 -Resolution • Attach 2-Exhibit A-2005 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2005 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection.. 3. A hearing shall be held on the 1st day of November, 2005 in the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. She shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 20,2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 2005 SPECIAL ASSESSMENTS September 20,2005 PROJECTS Total Cost City Funds Amt to be Assessed I.C. 52-130 Columbine Street& Utility Improvements N/A N/A $934,000.00 I.C. 93-5310 Scenic Heights/Dell Road NA N/A $295,572.54 I.C. 00-5508 Technology Drive Improvements N/A N/A $2,040,000.00 I.C. 03-5606 Hidden Ponds Trail/Pond Improvements $396,972.55 $264,955.51 $132,017.04 I.C. 05-5638 Charlson Road/TH 212 N/A N/A $3,330.000.00 Supplementals Trunk Sewer and Water $687,628.25 $0 $687,628.25 I.C. 96-5406 Trunk Exclusions -Hi hview/Lakeland $1,560.00 $0 $1,560.00 I.C. 99-5491 Trunk Exclusions -Cedar Forest $6,760.00 $0 $6,760.00 I.C. 96-5406 Lateral Exclusions—Hi hview/Lakeland $29,644.47 $0 $29,644.47 I.C. 99-5491 Lateral Exclusions—Cedar Forest $169,680.00 $0 $169,680.00 I.C. 52-160 Street, Storm &Lateral Water $42,958.72 $0 $42,958.72 Connection Fees $78,175.00 $0 $78,175.00 Metro SAC/WAC $108,433.50 $0 $108,433.50 Weeds &Tall Grass $1500 $0 $1500 S ecial Assessment Agreements $303,537.50 $0 $303,537.50 TOTAL N/A N/A $8,161,467.02 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 20, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Office of City Manager Resolution Appointing Election Judges for City Clerk November 8, 2005, Election Requested Action: Adopt Resolution appointing election judges for the November 8, 2005, election. Synopsis: State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. Attachment: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- WHEREAS,Minnesota Election Law 20413.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election judges or alternate judges and are appointed for the Park Referendum/School District Election to be held November 8, 2005. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Daniel C.Abraira John Duffy James Linak Patrick Slator John Alfmito Jane Eide Nancy Little Stephen Slocum Londa Amundson Loretta Ellison Vicki Maddy Lisa Smith Baker Janelle Anderson Calvin Engelstad Lois Meissner Brad R. Starr Betty J.Anderson Dorothy Fifield Chuck Millberg Douglas Stewart Kenneth Anderson Peggy Fitzsimmons Rosemary Morshare Susan Stewart Bette C.Anderson Ruth Garst Robert Morshare Paul Sundell Nancy J.Autio June Gilbert Mary Sue Murray Bonny Swaim Judith Bartolett Gordon E.Gilbert Donald A.Nelson Nancy J.Thompson Bernie Beauvais Carol Gjersvik Caroline Nelson Jacqueline Tornoe Kenneth E.Berg Maureen Groth Mary Ness Julie Toskey JoAnn D.Boehne Rhoda Haas Mary Nierman Kristin Traughber Janet M.Boland Gerald Haas Victoria E.Nipper Randi Usher Nancy Bollweg Kermit P.Hansen Katherine Nomura Karen Vickman Laurey Brink Matthew D.Hansen Karen Norman Mary Vogel C.George Budke Russell W.Hanson Gordon Olson Evelyn Wagner Joyce Byers June L.Hanson Jane Ostergaard Lauren Weaver John R.Carlson Marcy Harris Ruth Otis Mary Westrem Marvin Cofer Rosemarie Hilk Beverly Ottum Genie Williams Wahletha Cofer Karen Hollingsworth John Peters Margaret Pete Connors Charlotte Hood Kay Pralle Williamson Craig Curtis Arlene Howden Jim Rannow JoAnne M.Wilson Jane Daly Janice Kadiesky Dawn RischmiIIer Arrester Winans Mike Diede Mary Karlberg Dona Rowland Jack Winslow Lorraine Dilling Marilyn Kemper Dy-anna Ruggles Mary Jane Gretchen Docter Marianne Kubin Rosa Rummel Wissner John Dollerschell Bonnie V.Kuch Glenna Shold Basil Wissner Gretchen Dorr Mary J.Liermann David Shold Marie Wittenberg ADOPTED by the Eden Prairie City Council on this 20h day of September, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Proclamation ITEM NO: VIII. D. City of Eden Prairie Hennepin County, Minnesota WHEREAS,the vision of the Toastmasters International organization is to empower people to achieve their full potential and realize their dreams; and WHEREAS, since the Toastmasters organization began in 1924,more than three million men and women have benefited from its communication and leadership programs. Members of Toastmasters benefit from improved communications skills, better meeting facilitation skills, and leadership skills. increased self-confidence is an added dividend; and WHEREAS,meetings include both prepared and extemporaneous speaking, Speeches are evaluated emphasizing positive immediate feedback and ideas for improvement, all within a supportive environment. Members receive educational manuals from Toastmasters International which offers guidelines for speeches; and WHEREAS,the mission of Toastmasters club is to provide a mutually supportive and positive learning environment in which every member has the opportunity to develop communication and leadership skills,which in turn foster self-confidence and personal growth; and WHEREAS,there are eight Toastmaster clubs in the City of Eden Prairie,Minnesota. NOW,THEREFORE,I, Mayor Nancy Tyra-Lukens,Mayor of the city of Eden Prairie, Minnesota, do hereby proclaim OCTOBER 2005 as TOASTMASTERS MONTH in the City of Eden Prairie, Minnesota. ADOPTED by the Eden Prairie City Council on this 20''day of September 2005. Nancy Tyra-Lukens,Mayor CITY COUNCIL AGENDA DATE: September 20, 2005 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. E. George Esbensen Fire Department Award Bid for One (1)new Rescue Boat Requested Action: Move to approve the purchase of one(1)new fire rescue boat from Lake Assault in the amount of$55,569.16 Synopsis: This item was budgeted for under the CIP program for the 2005 budget period. . Background Information: The Eden Prairie Fire Department researched the various suppliers for"Fire Rescue Boat" technology and created the specifications to offer both fire protection as well as water rescue. Lake Assault was the only bidder to respond to the final bid request which was closed on Thursday September 15,2005, at 2:00 PM. Lake Assault Boat met all of the criteria without exception within our required specifications. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 20, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. A. Community Development/Planning Edenvale Highlands 2nd Addition Janet Jeremiah Scott A. Kipp (aka The Preserve at Edenvale) Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 22.7 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 22.7 acres; and • Adopt the Resolution for Preliminary Plat on 22.7 acres into ten lots, one outlot and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is a 10 lot single family development Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project to the City Council at its August 22, 2005 meeting. Background Information The developer has changed the name of the project from Edenvale Highlands 2°d Addition to The Preserve at Edenvale. To remain consistent during the public hearing process,the project will be referred to as Edenvale Highlands 2nd Addition. The project is consistent with the low density residential guiding for the site which permits up to 2.5 units per acre. The density of the project is 0.44 units per acre, 1.4 units per acre net(less the outlot). The following PUD waivers are necessary for the project: L 1. of depth of 120 feet adjacent to a railroad for Lot 6. Code requires 150 feet. City Council Agenda Public Hearings—Edenvale Highlands 2°d Addition September 20,2005 Page 2 This waiver may have merit since the railroad right-of-way next to this area is wider for the protection of the existing slope and creek culvert for the railroad track. Also, the proposed house on Lot 6 is farther from the tracks than the houses on Lots 7 through 9 which meet code. 2. Cul-de-sac length of 800 feet. City code maximum is 500 feet. This waiver may have merit since it is the only way to serve the property and provide public road frontage required by code. The project is consistent with the Shoreland Code for Purgatory Creek. A conservation easement was established over outlot A at the time of the original Gray Fox Bluff plat. A trail easement is recommended to plan for a trail along the Purgatory Creek corridor at a future date. The project engineer's initial indication was that the site alteration would be balanced for the amount of cut and fill. However,upon a closer look the engineer indicates that approximately 8,000 yards of fill may be necessary. This would require approximately 650 dump truck loads. Fewer loads if belly dumpers are to be used. The developer will be required to providing a bond to cover the any potential damage to the public roads serving the property. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff Report 8-19-05 4. Site Location Map 5. Zoning and Land Use Maps 6. Background Staff Reports EDENVALE HIGHLANDS 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDENVALE HIGHLANDS 2ND ADDITION FOR CALHOUN DEVELOPMENT,LLC. 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 August 22, 2005, on Edenvale Highlands 2nd Addition by Calhoun Development, LLC., and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on September 20, 2005. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: I Edenvale Highlands 2nd Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 13, 2005. 3. That the PUD Concept meets the recommendations of the Planning Commission August 22, 2005. ADOPTED by the City Council of the City of Eden Prairie this 20 day of September, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A.Porta, City Clerk EXHIBIT A Edenvale Highlands 2°d Addition Legal Description: Lot 2, Block 1, Gray Fox Bluff, Hennepin County, MN. EDENVALE HIGHLANDS 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENVALE HIGHLANDS 2ND ADDITION FOR CALHOUN DEVELOPMENT, LLC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Edenvale Highlands 2nd Addition for Calhoun Development,LLC., stamp dated September 13, 2005, and consisting of 22.7 acres into ten single family 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 20th day of September, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A.Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A.Kipp, Senior Planner DATE: August 19, 2005 SUBJECT: E2-Edenvale Highlands 2"d Addition APPLICANT: Calhoun Development, LLC OWNER: Kathryn Slavens as Trustee of the John M. Anderson Revocable Living Trust Agreement dated October 22, 1997 LOCATION: 15598 Michelle Lane REQUEST: 1. Planned Unit Development Concept Review on 22.7 acres. 2. Planned Unit Development District Review with waivers on 22.7 acres. 3. Zoning District Change from Rural to R1-13.5 on 22.7 acres. 4. Preliminary Plat of 22.7 acres into 10 lots, 1 outlot,and road right-of-way. Staff Report—E2-Edenvale Highlands 2nd Addition August 19,2005 Page 2 BACKGROUND This property is the last of three rural lots to develop which were platted as Gray Fox Bluff in 2001.Last year the westerly lot was developed as Edenvale Highlands for eight single-family lots. The south lot developed in 2003 for three single-family lots known as Bluffs at Purgatory Creek. The Comprehensive Guide Plan shows the property as low density residential which would permit up to 2.5 units per acre. The property is currently zoned Rural. Surrounding land use consists of low density residential to the north, low and medium density residential to the east, low density and open space to the south and west. The Twin Cities&Western Railroad abuts the property to the north. PRELIMINARY PLAT The preliminary plat shows 10 single-family lots and one outlot on the 22.7 acre site at a gross density of 0.44 units per acre, and a net density(less the outlot)of 1.4 units per acre. The neighboring development to the east is a mix of single and twin homes at a density of 3.6 units per acre. A zoning district change from Rural to R1-13.5 is proposed. Lot sizes range between 16,585 square feet and 55,710 square feet meeting the requirements of the R1-13.5 zoning district. Lot dimensional and frontage requirements, as well as structure setbacks are consistent with the R1- 13.5 zoning district. Lots 6 through 10 abut the Twin Cities and Western Railroad. Code requires lots abutting a railroad to have a lot depth of at least 150 feet. This is to provide a greater distance between the track and the houses. Lot 6 is 120 feet and will require a waiver through the PUD. This waiver may have merit since the railroad right-of-way next to this area is wider for the protection of the existing slope and creek culvert for the railroad track. Also, the proposed house on Lot 6 is farther from the tracks than the houses on Lots 7 through 9 which meet code. Outlot A is for Purgatory Creek and associated wetland area. A conservation easement was placed over the wetland area at the time of the Gray Fox Bluff plat. GRADING AND TREE LOSS A total of 6,008 diameter inches of significant trees are located on the property,with tree loss of 2,217 diameter inches, or 37%. Tree replacement is 1,088 caliper inches. The tree replacement plan provides 1,088 caliper inches. 2 Staff Report—E2-Edenvale Highlands 2°d Addition August 19,2005 Page 3 UTILITIES Sanitary sewer will serve the property from the existing trunk sewer that crosses the property. Water will come from Michelle Lane. Storm water will be treated to NURP standards. ACCESS Access to the property will be from Michelle Lane. The extension of this road will result in a cul-de-sac 800 feet in length. This will require a waiver since City code allows a maximum of 500 feet. This waiver may have merit in that it is the only way to serve the property. SHORELAND CODE The property is in a shoreland area since it is located within 300 feet of Purgatory Creek. The creek is classified as General Development Water. Lots within 150 feet of the creek are considered abutting lots and must meet the following requirements. • Minimum lot size— 13,500 square feet • Minimum lot width at building line- 120 feet • Minimum lot width at Ordinary High Water Level— 120 feet • Minimum setback from Ordinary High Water Level— 100 feet Lots 4, 5, and 6 are abutting lots and meet these requirements. Within a shoreland area no development or alteration is permitted on a bluff which is a slope that averages 30% or greater. There is no bluff on this property. The shore impact zone is located within 50 feet of the ordinary high water level of the creek. No development or significant alteration is allowed within this zone. No alteration is proposed. WETLANDS A large wetland exists within Outlot A. A conservation easement was placed over the wetland as part of the plat for Gray Fox Bluff in 2001. An updated wetland delineation was completed with the current proposal and verified by the Watershed District showing a few changes in the actual location of the wetland. The preliminary plat reflects additional conservation easement area adjacent to Lots 1 through 4 where the wetland boundary has grown. Some areas within the conservation easement in 2001 have been determined to be outside the wetland delineation. The proponent requests that these portions of the conservation easement within Lots 4 and 5 be 3 Staff Report—E2-Edenvale Highlands 2°d Addition August 19,2005 Page 4 vacated. TRA II.EASEMENT The City's Comprehensive Trail and Open Space Plan shows a future trail corridor along Purgatory Creek. To accommodate for the development of this future trail, the proponent should provide a trail easement over all of Outlot A. 100 YEAR FLOOD PLAIN The plans show the Federal Emergency Management Agency's(FEMA) location of the flood hazard area known as Zone A, which defines the area prone to flooding. The proponent will need to obtain a Letter of Map Amendment from FEMA to eliminate Zone A within those lots that are outside the 100 year flood elevation. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept on 22.7 acres. 0 Planned Unit Development District Review with waivers on 22.7 acres. • Zoning District Change from Rural to R1-13.5 on 22.7 acres. a Preliminary Plat of 22.7 acres into 10 lots, one outlot, and road right-of-way. This is based on plans stamp dated August 19, 2005, the Staff Report dated August 19, 2005 and the following conditions: 1. Prior to release of the final plat, 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. Dedicate to the City a trail easement over all of Outlot A. C. Dedicate to the City additional conservation easement as depicted in the plans adjacent to Lots 1 through 4. D. Vacate conservation/drainage and utility easement adjacent to Lots 4 and 5. E. Vacate roadway easement on the east side of the property adjacent to Michelle Lane. 4 Staff Report—E2-Edenvale Highlands 2nd Addition August 19,2005 Page 5 2. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. Prior to building permit issuance for the property,the proponent shall: A. Provide a tree replacement surety equivalent to 150%of the cost of the tree replacement for 1,088 caliper inches. B. Pay the Cash Park Fee. C. Obtain a Letter of Map Amendment from FEMA for Lots 4, 5, and 6. 4. The following Planned Unit Development waivers are granted: A. Lot depth of 120 feet adjacent to a railroad for Lot 6. Code requires 150 feet. B. Cul-de-sac length of 800 feet. City code maximum is 500 feet. 5 Area Location Map - Edenvale Highlands 2nd Address: 15598 Michelle Lane Park Terrace Addie La. 15598 Hallmark Dr. Alpine Tr- Michelle La SITE Edgewood Ct. Center Dr. r rJ � \ No Sole 15598 Michelle Lane -,-� O' N •� Park Terrace ( , r Rddie Lane r _ .., E Hallmark C)nve � E Alpine Trail i r �� Fa SITE / Michelle Lane g _ % Center[.rive s _a L .._. n - , EdgeWeed Ceurf erg' �S VN x� F rf 7 v City of Eden Prairie Zoning 7_1 Rural One Family.90 acre min ` �Highway Commercial Shoreland Management Classifications _Rl-44 flue Family-44,OW sf,mug r Region;service Commercial 5W Natural Environment Waters ".R9-22 One Family-22,005 sf min. Reg anal Commercial PeG(ea`,ivnal Development Waters — General Development Waters(Creeks Only) R1.13.5 Or*Family-1Z,5Cdas,min .._. llnr•d,,s#rial Park-2 AC,PMin, t-�,-� 100- YearFtOtsdpl3in R7-6,5 One Facmity-9,500 s€min, 77 4idun iirial Pare SAcrer Min - h ahway#3 12 W' of Gtxur y Road fii4 is proposed,not Corm uclsC 9`1 this I'Me,. ^-= RtA .5 !'hut`1•Famtay-P,.7 U,P.A.rxa> rM General lndusthal-SAcre Min. Up dated 6Mrn1g?r Ord"rtance#i.LS-2Q�Da RM-2.5 kiutti-Famity-17A UPA max Public ,n idiramv t 33 0101(13H Addrixi)aprrG'vec,rut nn,show,of thas:rap eclat mt ;v..:off." �: l Water 1-1 2a�e June 24.2�`}`, NeighborhioodCommerria••.l Right-of-Way co mt f<4 Commercial � Chanh85sc'ti City Itn"elts N Highlands Edenvale 15598 Michelle Lane 5. rd Park Terrace ✓ as r rr I \r r Addle Lane �.�.� � '��,�„ t'` ` E^` ,--�✓ • \ — / �,�s^ r'-1 ��'-.•„t 7 ,,,-�jam/ \,� ° -, � `..3 d I�� `--- _, 1 �.1'' \\ f 1_]-m-a�,. � L:U_.�`'P-�!•, -y„�s-�� � � i �yr`�I Hallmark Dave Alpine Trail . L /t r -3 Michelle Lane ^ y J e ` gym -ILL' f ` z ` ' Center Drive j 3 ; Edgewood Court Y _ ' f �Aa�FFT Am.- � r -,/�i� '`�...Y { 'off x`✓.. ll:'' .�.t'. } I VI } a :r �t xx 71 s -X}1 ? '•, Low;density Residential 0-2.5 UmtSl,Acre Neighborhood Camfne,dal Pfindpal Arterial Low Densitv'Pabiic/Open Space -Ommurlity Commercal «A MinorArtedai Medium Density residential 2.5-10 Um!&Orre Regional Commercial B Minor Arterial Medium Density Resd?lantial=,Office Partv'Open Spaca major Collector High Density Residen`iat 1 trap t 3nifs;`Ar_,re Public/Quasi-:Public minor Collector Office Chur&V Cenetary r�:;acetlndusirial �open vdater oa'rEr.;peew'�rzar�-ra. C�&7�Rarest!IIf diT�iS C?f1ice;P i5licCpen Sr ar Pight-of-Way and strip Me ropalitrri i,hten Service Line-f,'`At,ISA,) Creek-s BACK GROUND INFORMATION STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp,Senior Planner THROUGH: Michael D Franzen, City Planner DATE: August 24, 2001 SUBJECT: Gray Fox Bluff APPLICANT/ OWNER: John M.Anderson and Kathryn Slavens LOCATION: 15598 Michele Lane REQUEST: 1.. Preliminary Plat of 47 acres into three lots Location Map f Gray Bluff Fox � s t 'f ' f I { i s i i I ' I a. "t 5 �V 1• I � u S - G * 3 � 1 a' • s t z� 1 I } t .o • ,/ j i 1j r ' t1 1 �` s +• S s f t t 11 1 j j; ! I G Y 3f,i t - ' 77 77 - r • f , H4 y _ M Staff Report—Gray Fox Bluff August 24, 2001 BACKGROUND The Comprehensive Guide Plan shows this property as low-density residential for up to 2.5 units per acre and public open space. The surrounding land use is low density residential to the north across the Chicago, Milwaukee, St. Paul and Pacific Railroad; low density residential, medium density residential and public open space to the east; low density residential to the south, and low density residential to the west. The property is zoned Rural. Surrounding zoning is R1-13.5 and R1-22 to the north across the railroad;R1-13.5, RM-6.5 multiple-family, and City park property to the east;R1-22 single-family to the south; and R1-13.5 and RI-22 single-family to the west. The existing homestead is on the east side of the property with access to Michele Lane.. The property contains wetlands and Purgatory Creek. There are three wooded areas on the east, south, and west portions of the property. PRELIMINARY PLAT The is to subdivide the 47-acre site into three Rural lots for marketing purposes only. proposal g P rP Rural zoning requires a 10-acre minimum lot size, Lot I is 10.55 acres,Lot 2 is 10.62 acres, and lot 3 is 22.72 acres., All lots meet the required 300-foot lot depth and 300 foot lot width requirements. Right of way dedication is proposed at this time to complete the cul-de-sacs for the existing dead end roads that abut the property. These rights of way can be modified to work with any development or future subdivision of the property. Staff recommends that the right of way be shown as depicted in attachment A. This will allow flexibility for locating the cul-de-sacs in order to minimize grading and tree impacts. Temporary grading easements should be provided at this time for constructing the cul-de-sacs. No development is proposed with the preliminary plat.. A Developer's Agreement will be required for the project to address specific requirements for future development of the property. This will include a condition that detailed development plans be prepared in accordance with City Code requirements and submitted for review and approval by the Community Planning Board and City Council prior to any building permit for any of the proposed lots, or for any future subdivision requests, SHORELAND The property is within 300 feet of Purgatory Creek,which is considered a Shoreland Area according to the Shoreland code. Lots within 150 feet of the creek are considered abutting the creek and must 2 Staff Report—Gray Fox Bluff August 24, 2001 meet the following requirements. • Minimum lot size- 13,500 square feet • Minimum lot width at building line- 120 feet • Minimum lot width at Ordinary High Water Level— 120 feet • Minimum setback from Ordinary High Water Level— 100 feet Within a Shoreland Area no development or alteration is permitted in the Bluff Impact Zone which is the area of 30%average slopes. Portions of all three lots are within a Shoreland Area, and all lots are considered abutting the creek. All three lots meet the abutting lot requirements. and the eastern portion of Bluff Impact Zones generally occupy the eastern most portion of Lot1, n P P g Y PY Lot 2. WETLANDS According to the City Wetland Inventory, Wetland 4-33-A is located on the property. This wetland is identified overall as a moderate quality wetland. The comprehensive guide plan shows the overall wetland area as public open space. The preliminary plat identifies the wetland, wetland buffer, and wetland setback areas. A conservation easement is proposed over the wetland. The conservation easement will need to be extended to cover the wetland buffer,and the area within Lot 3 guided public open space according to attachment B. UTILITIES City sewer and water service is available to the property and will be required when the property is developed. Storm sewer and NURP ponding may be required in the future to address increases in storm water run off if additional subdivision of the lots take place in the future. SUMMARY The subdivision of this property into three Rural lots is for marketing purposes only. No development is proposed at this time. The preliminary plat meets City Code for the Rural district. A Developer's Agreement will be required for the project to address specific requirements for development of the property. 3 Staff Report—Gray Fox Bluff August 24, 2001 STAFF RECOMMENDATION Staff recommends approval of the following request, • Preliminary Plat of 47 acres into three lots This would be based on plans dated August 9,2001, this staff report, and the following conditions: 1. Prior to City Council review,proponent shall: A. Show the right of way as depicted in attachment A. B. Extend the conservation easement to cover the wetland buffer and area shown as public open space as depicted in attachment B. 2. Prior to final plat approval for the property, the proponent shall sign a Developer's Agreement for the property to include specific requirements for further development of the property. 3. Prior to release of the final plat for the property,the proponent shall: A. Provide temporary easements for the construction of the cut-de-sacs B. Submit a conservation easement for the property. 4� Prior to any building permit issuance for the property,the proponent shall pay the cash park fee. 4 1 1 1 1 !" r MICHELE "NE 1 .ALPINE -rFAi L. H"t` Ip "i 2 lot of x:=''=;'''.''.� %►jig. �u Wig Irr lit r STAFF REPORT TO: Community Planning Board THROUGH: Michael D. Franzen, City Planner FROM: Scott A. Kipp,Senior Planner DATE: April 25, 2003 SUBJECT: The Bluffs at Purgatory Creek PUD APPLICANT: O'Catarais, L.L.C. OWNER: Kathryn SIavens as Trustee of the John M. Anderson Revocable Living Trust Agreement dated October 22, 1997 LOCATION: North of the terminus of Center Drive REQUEST: 1, Planned Unit Development Concept Review on 10..55 acres. 2, Planned Unit Development District Review with waivers on 10.55 acres. 3. Zoning District Change from Rural to R1-22 on 10.55 acres. 4. Preliminary Plat of 10.55 acres into 3 lots, and one outlot. Area Location Map: The Bluffs at r-urgartory Creek Michelle La. Hallmark Dr. Alpine Tr. ,r"fn 2a. 4 Edenvale Blvd. f �� x9e 'ram r Yh �3N3 +�+3x" L.n 1 '?Zt h •,ihf�'S �-'a Edgewood Ct. Alpine Way Center Dr. Hillcrest Ct.. No Scal Staff Report—The Bluffs at Purgatory Creek PUD P g Y April 25, 2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows this property as Low Density Residential for up to 2..5 units per acre.. Surrounding land uses consist of Low Density Residential,with single-family R1- 22 abutting the property to the south. Purgatory Creek and its related floodplain are on the north, east and west sides of the property. This property is one of three Rural lots platted as Gray Fox Bluff in 2001 by the property owner to market for development. In March 2003, the Community Planning Board reviewed a project for this property submitted by the proponent for three single-family lots served by a public road meeting all City code requirements. Tree loss was 55%. The proponent included an alternate plan using a private drive rather than the public road that preserved more trees, reduced hard surface area, and provided better building pads. The Community Planning Board agreed with the proponent that the alternate plan would best serve the property. The Board closed the public hearing and advised the proponent to resubmit a new PUD proposal using the private drive alternative. PRELIMINARY PLAT The proposal is to rezone the 10.55 acre property from Rural to R1-22 and subdivide into three single-family lots and one outlot. The lots will be served by a private drive. Gross density for the project is 0.28 units per acre. Net density (less the Purgatory Creek fioodpiain) is 1.0 unit per acre, consistent with the adjacent development. All lots exceed the 22,000 square feet minimum lot size and lot dimensions required for the Rl- 22 zoning district except as described in the PUD Waivers section. Proposed house pads meet the setback requirements of the RI-22 zoning district. PUD WAIVERS The following waivers are requested as part of the PUD, which are the direct result of using a private drive: L Lots 1 and 2 without public road frontage. Code requires frontage on a public road. 2. Public road frontage of 39.5 feet for Lot 3. Code requires 90 feet in the R1-22 district. 3. Average lot width of 82 feet for Lot 2. Code requires 90 feet. 4, Average lot width of 68 feet for Lot I Code requires 90 feet. The development could meet City code if a public road were used rather than the private drive. However, this would result in higher tree loss and greater impervious surface as demonstrated in Staff Report—The Bluffs at Purgatory Creek PUD April 25, 2003 Page 3 the proponent's previous development proposal, and would remove the existing cul-de-sac on Center Drive that the existing residents desire to retain. In exchange for granting the waivers,staff recommends that Outiot A be dedicated to the City. SHORELAND CODE The property is in a Shoreland area since it is located within 300 feet of Purgatory Creek_ The creek is classified as General Development Water. Lots within 150 feet of the creek are considered abutting lots and must meet the following requirements. • Minimum lot size— 13,500 square feet • Minimum lot width at building line- 120 feet • Minimum lot width at Ordinary High Water Level— 120 feet • Minimum setback from Ordinary High Water Level— 100 feet Lot 3 is considered an abutting lot and meets these requirements. Within a Shoreland area no development or alteration is permitted on a bluff which is a slope that averages 30% or greater. A small portion of bluff exists on the east side of the property and will not be impacted by development. Some limited tree replacement planting is proposed. The shore impact zone is located within 75 feet of the ordinary high water level of the creek. No development or alteration is allowed within this zone. No alteration is proposed. WETLANDS The floodplain for Purgatory Creek is also considered wetland. No wetland impact is proposed.. A wetland delineation was originally conducted in 1997. This delineated area was placed in a conservation easement for this property as part of the Gray Fox Bluff plat approval in 2001. The wetland delineation will need to be verified by the Watershed District prior to grading and/or release of the final plat for the project. GRADING AND TREE LOSS There are 2,252 diameter inches of significant trees on the property with 800 diameter inches of tree loss, or 36% according to the City Forester. Tree replacement is 383 caliper inches. The tree replacement plan shows 282 caliper inches and will need to be revised prior to City Council review. ROADS AND UTILITIES A private drive will be extended into the project from the existing Center Drive cul-de-sac. This is supported by the existing abutting residents. Permanent road easements will be obtained at no Staff Report—The Bluffs at Purgatory Creek PUD April 25, 2003 Page 4 cost from these property owners to reconstruct the cul-de-sac to City standards as part of the City's road improvement project in the area. The project will be served with sewer and water from Center Drive. Storm water will be handled with the use of a storm scepter prior to discharge to Purgatory Creek. CONCLUSION The use of a private drive for the project is consistent with the Community Planning Board's March 2003 recommendation. While waivers are necessary to address the private drive, the plan preserves more trees, reduces hard surface area, provides better building pads, and is supported by the abutting property owners. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 10.55 acres. • Planned Unit Development District Review with waivers on 10.55 acres. • Zoning District Change from Rural to R1-22 on 10.55 acres. • Preliminary Plat of 10.55 acres into 3 lots and one outlot. This is based on plans dated April 25, 2003, the staff report dated April 25, 2003, and the following conditions: 1. Prior to City Council review, the proponent shall revise the tree replacement plan to show a total of 383 caliper inches of tree replacement. 2. Prior to release of the final plat, the proponent shall: A. Provide written verification from the Watershed District regarding the delineation of the wetland. B. Provide a driveway easement for reciprocal,joint access and maintenance which will be recorded on the property. C. Dedicate Outlot A to the City. 3. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the Staff Report—The Bluffs at Purgatory Creek PUD April 25,2003 Page 5 development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Provide written verification from the Watershed District regarding the delineation of the wetland. D. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Provide evidence that the driveway easement for reciprocal, joint access and maintenance has been recorded on the property. C. Pay the Cash Park Fee.. 5. The following waivers have been granted through the PUD: A. Lots 1 and 2 without public road frontage, Code requires frontage on a public road. B. Public road frontage of 39.5 feet for Lot I Code requires 90 feet in the R1-22 district. C. Average lot width of 82 feet for Lot 2. Code requires 90 feet. D. Average lot width of 68 feet for Lot 3. Code requires 90 feet. STAFF REPORT TO: Community Planning Board FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: June 25, 2004 SUBJECT: Edenvale Highlands APPLICANT: BC Development, LLC OWNER: Kathryn Slavens as Trustee of the John M. Anderson Revocable Living Trust Agreement dated October 22, 1997 LOCATION: East of the terminus of Alpine Trail, south of the Twin Cities and Weswrn Railroad REQUEST: 1. Zoning District Change from Rural to RI-13.5 on 10.62 acres 2. Preliminary Plat of 10.62 acres into 9 lots and I outlot Area Location Ill" -tp - Edenvale Hig'^.lands East terminus of Alpine Trail, South of Twin Cities and Western Railroad t -- 1` '�. Park Terrace Dr. r �\1 / I \ 1. ti Alpine Tr - Michelle La � 1 SITE cY / 1 �t, Alpjne Way Center Dr. ` r r itJ71 1 _- - ` a Scale :% T Staff Report—Edenvale Highlands June 25,2004 Page 2 BACKGROUND An informational meeting was held on May 10,2004 for this project. At that time the proposal was for nine single-family lots. The current plans show eight single-family lots. The property is one of three rural lots platted as Gray Fox Bluff in 2001 by the property owner to market for development. Last year the most southerly of these lots was approved for a three lot single-family development known as the Bluffs at Purgatory Creek. The Comprehensive Guide Plan shows the property as low density residential which would permit up to 2.5 units per acre, or 26 units. Alpine Trail Estates 2"d Addition to the west of this site is 1.9 units per acre. PRELIMINARY PLAT The preliminary plat shows eight single-family lots on the 10.62 acre site at a density of 0.75 units per acre. Surrounding land is guided low density residential to the west and zoned Rl-13.5. Open space to the south and east. The Twin Cities and Western Railroad property abuts the site to the north.. Lots range between 18,998 square feet and 88,795 square feet. A zoning change to R1-13.5 is proposed. The lots meet the dimensional and frontage requirements of the R1-13.5 zoning district. Outlot A located along Purgatory Creek will be dedicated to the City. A conservation easement along the rear yards of Lots 1 through 5 is also proposed. No variances to the City code are proposed. SHORELAND CODE The property is in a shoreland area since it is located within 300 feet of Purgatory Creek. The creek is classified as General Development Water. Lots within 150 feet of the creek are considered abutting lots and must meet the following requirements. • Minimum lot size-- 13,500 square feet • Minimum lot width at building line- 120 feet • Minimum lot width at Ordinary High Water Level— 120 feet 2 Staff Report--Edenvale Highlands June 25,2004 Page 3 • Minimum setback from Ordinary High Water Level— 100 feet All abutting lots meet these requirements. Within a shoreland area no development or alteration is permitted on a bluff which is a slope that averages 30% or greater. Bluff area is shown within lots 4 and 5. The bluff area will not be impacted by development, The shore impact zone is located within 50 feet of the ordinary high water level of the creek. No development or alteration is allowed within this zone. No alteration is proposed.. GRADING AND TREE LOSS A significant amount of retaining wall is proposed due to maintaining adequate road grade and related house pad elevations. These walls range in height from 4 feet to 24 feet, and will require an engineered design dependent upon soil type, as well as a safety fence. All retaining walls will need to be constructed as part of the overall grading for the property and completed prior to any building permit issuance. Maintenance for these privately owned retaining walls will need to be addressed in Owner's Association documents. Approximately 23,000 cubic yards of soil will be removed from the site.. The developer's consultant indicates tree loss of 35%. According to the City Forester, a total of 4,472 diameter inches of significant trees are located on the property,with tree loss of 1,957 diameter inches, or 44%. The difference in the percentage of tree loss is due to the consultant's inclusion of non-significant trees in the total count and additional tree loss anticipated with the construction of the retaining walls.. Tree replacement is 1,145 caliper inches, requiring an additional 405 caliper inches of tree replacement to be included in the plans. The steep nature of the site,construction of the road and retaining walls are the reason for the higher percentage of tree loss.. A loss of additional lots will not significantly reduce the tree loss. A conservation easement is proposed to protect all trees and vegetation within the undisturbed rear yard areas of lots 1 through 5, and the shoreland bluff area. UTILITIES Sanitary sewer and water will serve the property from existing lines located in Alpine Trail. Storm sewer, including rear yard sewer extensions for Lots 1 through 4, will direct storm water to 3 Staff Report—Edenvale Highlands June 25, 2004 Page 4 the proposed NURP pond shown on the south portion of the property. Access to maintain the pond is provided fxom Alpine Trail along the west side of the property. WETLANDS A large wetland complex borders the property. A conservation easement was placed over the wetland as part of the plat for Gray Fox Bluff in 2001. This area will be dedicated to the City as an outlot. ROAD ACCESS The public road is designed at the maximum permitted grade of 8%. The temporary turnaround at the existing terminus of Alpine Trail will be eliminated. Sight distance around the inside curve of the street is proposed to accommodate a 20 miles per hour design speed. STAFF RECOMMENDATION Recommend approval of the following request: • Zoning District Change from Rural to R1-13,5 on 10.62 acres. • Preliminary Plat of 10.62 acres into 8 lots and one outlot, This is based on plans dated June 23, 2004, and the following conditions: 1. Prior to City Council review,the developer shall revise the tree replacement plan to include an additional 405 caliper inches of tree replacement. 2. Prior to release of the final plat, 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. Submit for review a conservation easement to be recorded on the property for the protection of existing trees and shoreland bluff as identified on the plans. C: Submit for review Homeowner's Association documents to be recorded on the property that include,but are not limited to maintenance of the retaining walls, tree preservation, and conservation easements. 3. Prior to grading permit issuance, the proponent shall: 4 Staff Report—Edenvale Highlands June 25, 2004 Page 5 A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Provide to and obtain approval from the Inspections Department detailed PP p P engineering design and specifications for all retaining walls to be constructed as part of the overall grading for the property. 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a tree replacement surety equivalent to 150%of the cost of the tree replacement for 1,145 caliper inches. B. Pay the Cash Park Fee. 5 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 20, 2005 D A EP RTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. B. Community Development/Planning Fee Schedule Ordinance Janet Jeremiah Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Establishing a Fee Schedule for Administration of Official Controls. Synopsis This is a new Ordinance to be added to Chapter 25 of the City Code. This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd.4. This Ordinance also updates the Title Page of Chapter 25 of the City Code. Background Information Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred p tY p Y by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an "Official Control" as ordinances.or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Currently Resolution No.2004-167 regulates fees and charges for business licenses, permits and municipal services. Fees prescribed for the areas defined as Official Controls are included in Resolution No. 2004-167.Minnesota Statute requires that such fees be prescribed by ordinance. Thus, this Ordinance has been drafted to include such fees. There is no change in the fee amounts from Resolution No.2004-167 and this Ordinance. Attachment Proposed Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 19-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. The Title Page of Chapter 25, LISTING OF UNCODED ORDINANCES IN EFFECT shall be deleted in its entirety and replaced with the following: CHAPTER 25 LISTING OF UNCODED ORDINANCES IN EFFECT The following ordinances described in this Chapter adopted prior to the City Code or thereafter are effective. They are of a permanent and continuing nature, unless repealed or amended. Vacationof Easements...........................................................................................................25-2 Namingof Streets and Road..................................................................................................25-2 CableTV Franchise...............................................................................................................25-3 UtilityFranchise.....................................................................................................................25-4 Adoptionof Codification.....................................................................................•.................25-4 Definition of"Persons or Families of Moderate Income".....................................................25-4 ZoningAmendments..............................................................................................................25-5 Fee Schedule for Administration of Official Controls...........................................................25-26 Section 2. City Code Chapter 25 is amended by adding section "Fee Schedule for Administration of Official Controls." The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION Building Permit-Valuation $1 to $500 $25.00 SERVICE FEE DESCRIPTION $501 to $2,000 $25.00 1"$500 plus $3.25 each add'1$100 or fraction thereof, to& including$2,000 $2,001 to $25,000 $73.75 lst$2,000 plus $14.75 each add'1 $1,000 or fraction thereof, to& including$25,000 $25,001 to $50,000 $413.00 lst$25,000 plus $10.75 each add'1 $1,000 or fraction thereof, to& including$50,000 $50,001 to$100,000 $681.75 1"$50,000 plus$7.50 each add'l $1,000 or fraction thereof, to & including$100,000 $100,001 to $500,000 $1,056.75 1"$100,000 plus $6.00 each add'l $1,000 or fraction thereof, to& including$500,000 $500,001 to $1,000,000 $3,456.75 lst$500,000 plus $5.00 each add'1 $1,000 or fraction thereof, to & including $1,000,000 $1,000,001 &up $5.956.75 1"$1,000,000 plus $4.00 each add'l $1,000 or fraction thereof Building Permit Other Inspections&Fees Plan checking 65%of the building permit fee if valuation is greater than$10,000 Reins ection $47.00 Per hour Demolishing or Razing Buildings $25.00 Cash Park Fee Single Family Unit $3,400.00 All other residential $3,400.00 Per unit Office, Commercial, Industrial $7,500.00 Per acre Community Development Deposit 0 to 40 Acres $3,300.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes and environmental assessment worksheets 41 to 80 acres $3,600.00 8 1+acres $4,100.00 Guide Plan Charge $555.00 Plus $5.00 per acre Planned Unit Development $610.00 Plus$5.00 per acre .U.D Fee Planned Unit Development $610.00 Plus $5.00 per acre Amendment Platting 2 SERVICE FEE DESCRIPTION Residential-0 to 10 units $400.00 Plus $5.00 per unit Residential-I I or more $510.00 Plus $5.00 per unit Commercial, Industrial, Office, $400.00 Plus $25.00 per acre Public-0 to 3 acres Commercial, Industrial, Office, $510.00 Plus $25.00 per acre Public-3.1 or more acres Site Plan Review Administrative $275.00 Site Plan Review (City Council Multi-Family-0 to 10 units $390.00 Plus$5.00 per unit Multi-Family-I 1 or more units $490.00 Plus $5.00 per unit Commercial, Industrial, Office, $390.00 Plus $25.00 per acre Public-0 to 3 acres Commercial, Industrial, Office, $500.00 Plus $25.00 per acre Public-3.1 or more acres Commercial,Industrial, Office,Public 0-3 acres $400.00 Plus $25.00 per acre 3.1 or more acres $500.00 Plus $25.00 per acre Residential 0-10 units $400.00 Plus $5.00 per unit I I or more units $500.00 Plus$5.00 per unit Shoreland Management Ordinance Permits Temporary structure in public $60.00 waters Change in structure in public $60.00 waters Multiple dock or dock excess of $60.00 75' Zoning Amendment and Zoning A peal Zoning amendment $215.00 Appeal to Board of Adjustments and Appeals Variances Residential $295.00 Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all chapters of the City Code Variances Other $480.00 Includes variances associated with properties zoned office, industrial, commercial and residential Variances Building or Fire Code $220.00 A eal Commercial Wireless Communications towers and/or antennas 3 SERVICE FEE DESCRIPTION Administrative $250.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,000.00 Non- Towers and/or antennas on City refundable property Letter of Intent $1,000.00 Additional funds may be required if the Deposit for balance in the deposit account is legal/consultant inadequate to pay for all of the fees and costs costs incurred Variances required for tower See and/or antennas Development Fees Site Plan Review required for See tower and/or antennas Development Fees Environmental Assessment $300.00 Plus $5.00 acre Worksheet .A.W. Excavation & Grading—GradingPermit Fee 101 to 1,000 cubic yards $41.00 1 st 100 cubic yards, plus$19.50 for each add'I 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $216.00 1st 1,000 cubic yards, plus$16.50 for each add'I 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards $365.00 Ist 10,000 cubic yards,plus$74.00 for each add'I 10,000 cubic yards or fraction thereof 100,001 or more $1,031.00 1st 100,000 cubic yards, plus$41.00 for each add'I 10,000 cubic yards or fraction thereof Additional plan review fees $33.00* Per hour/Minimum charge is one half hour required by changes, additions or revisions to approve plans Inspections outside normal $56.00* Per hour/Minimum charge is two business hours hours Reinspection fee $56.00 Each Inspection for which no fee is $56.00* Per hour/Minimum charge is one half specifically indicated hour Additional plan review required for $56.00* Per hour/Minimum charge is one half changes, additions, or revisions to hour approved lans *Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision, overhead, equipment,hourly wages and fringe benefits of the employees involved. Excavation & Grading—Plan Checking Fee 4 SERVICE FEE DESCRIPTION 101 to 1,000 cubic yards $41.00 1,001 to 10,000 cubic yards $55.00 10,001 to 100,000 cubic yards $55.00 1st 10,000 cubic yards, plus $28.00 for each add'1 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yards $307.00 1st 100,000 cubic yards, plus $15.00 for each add'1 10,000 cubic yards or fraction thereof 200,001 cubic yards or more $457.00 1 st 200,000 cubic yards, plus $8.00 for each add'I 1.0,000 cubic yards or fraction thereof Additional plan review fees $33.00 Per hour/Minimum charge is one half hour, required by changes, additions or revisions to a rove Tans Public Right-of Way or Easement Vacation Application Fee $255.00 Per transaction/for vacating the City's interest in real property, including right- of-way and easement's (for consultation, review,notice mailing, ublication of notice and recording) Signs Up to 30 sq ft in size $60.00 31 sq ft through 50 sq ft in size $80.00 51 sq ft through 80 sq ft in size $100.00 81 sq ft or over $125.00 Charge for returning picked up $10.00 signs ** The surface of double or multi- forced signs shall be combined for the purpose of determining the amount of the fee. Engineering—Land Development Services For consultants, utility and street plans and specifications, general and final inspections of improvements andspecial assessment division Final Plan Review, Contract Administration,and Ins ection Review 5%multiplied by the total Not applicable to projects built by city construction cost through special assessment. Cost include public infrastructure improvements (excluding grading costs), subject to approval by City Engine r payable prior to start-up. Final Plat Residential $50.00 Per unit/Minimum $310.00 plus cost of review by special consultants necessary as determined by the City 5 SERVICE FEE DESCRIPTION Manager. Deposit required. Paid prior to release of plat. Commercial, Industrial, Office and $122.00 Per acre/Minimum $310.00 Public Administrative Land Division $65.00 LGU Review Min. payment is $250. Plus cost of $75.00 An hour review by special consultants necessary as determined by the City Manager. Deposit required. Payment is due after completion of site review activities, plan review and/or prior to release of plat LGU Deposit-Plan Review An LGU deposit agreement is $3,000.00 required for wetland alteration, wetland replacement,wetland restoration and/or wetland bank plan reviews LGU Deposit—Site Review An LGU deposit agreement is $1,000.00 required for site review and/or wetland delineation review Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective September 29, 2005. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of September, 2005, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of September, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on 6 CITY COUNCIL AGENDA DATE: SECTION: September 20, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 144682 - 145029 Wire Transfers 2316 -2321 City of Eden Prairie Council Check Summary 9/20/2005 Division Amount General 50,892 100 City Manager 262 101 Legislative 25,026 104 Contingency 3,068 110 City Clerk 1,660 III Customer Service 6,758 112 Human Resources 2,806 113 Communication Services 8,219 114 Benefits&Training 156 115 Risk Management 347 116 Facilities 14,308 117 City Center 21,728 130 Assessing 308 131 Finance 497 132 Social Services 6,154 133 Community Development 398 135 Information Technology 38,828 136 Wireless Communication 1,070 137 Economic Development 613 138 Community Development Admin. 250 150 Park Administration 696 151 Park Maintenance 13,163 153 Athletic Programs 3,133 154 Community Center 1,228 156 Youth Programs 2,604 157 Special Events 2,158 158 Senior Center 3,148 159 Recreation Administration 25 161 Oak Point Pool 26 162 Arts 574 163 Outdoor Center 500 180 Police 8,064 183 Civil Defense 63 184 Fire 34,355 185 Animal Control 1,492 186 Inspections 315 200 Engineering 2,444 201 Street Maintenance 13,291 202 Street Lighting 53,245 203 Fleet Services 15,647 204 Equipment Revolving 3,239 301 CDBG 35 303 Cemetary Operation 8 418 HRA 2002A Lease Revenue Bonds 1,000 427 2005 G.O.IMPR BONDS 7,287 502 Park Development 918 503 Utility Improvement 22,341 507 Construction Fund 588,062 509 CIP Fund 268,003 511 Construction Fund 394,809 512 CIP Trails 1,181 515 Fire Station#4 78 516 ADC PROJECT 764,668 601 Prairie Village Liquor 63,115 602 Den Road Liquor 135,839 603 Prairie View Liquor 73,058 701 Water Fund 121,996 702 Sewer-Fund 219,353 703 Storm Drainage Fund 27,283 803 Escrow Fund 12,754 806 SAC Agency Fund 68,150 807 Benefits Fund 277,375 Report Totals 3,390,070 City of Eden Prairie Council Check Register 9/20/2005 Check# Amount Vendor/Explanation Account Description Business Unit 2316 10,548 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2317 15,358 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2318 76,189 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2319 28,933 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2320 147,581 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2321 18,687 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 144682 177 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 1.44683 6,000 DORSEY&WHITNEY LLP Bond Issue Costs 2005 G.O.Imp.Revolving Fund 144684 334 FEDEX Postage Engineering 144685 81 FORSETH,DAN Mileage&Parking Tree Disease 144686 16 GONZALEZ,JENNIFER Lessons&Classes Oak Point Lessons 144687 9,554 HENNEPIN COUNTY Deposits Escrow 144688 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning 144689 10,416 HONEYWELL INDUSTRY SOLUTIONS Equipment Repair&Maint Water Treatment Plant 144690 78 KLEMP,JEANNE Other Contracted Services Human Resources 144691 446 KRAEMERS HARDWARE INC Equipment Parts Fleet Services 144692 59 LANZI,BOB Mileage&Parking Ice Arena 144693 220 MN APA Conference Expense Planning 144694 10 NIELSEN,JULIE Lessons&Classes Oak Point Lessons 144695 435 PETTY CASH Operating Supplies Red Hat 144696 331 QWEST Telephone Sewer Liftstation 144697 8 SHIMANSKI,BERMA Program Fee Classes/Programs/Events 144698 220 SPRINT Software and Hardware Information Technology 144699 5,985 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 144700 39 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 144701 1,800 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 144702 3,595 SVK DEVELOPMENT INC Deposits Escrow 144703 1,000 U S BANK Paying Agent HRA 2002A LEASE REVENUE BONDS 144704 3,068 URAM,DONALD Miscellaneous Reserve 144705 700 WELLS FARGO BANK MINNESOTA NA Paying Agent 2005 G.O.Imp.Revolving Fund 144706 4,702 XCEL ENERGY Electric Water Well#10 144707 468 LA QUINTA RESORT AND CLUB Conference Expense Parks Administration 144708 140 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 144709 546 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 144710 1,242 ANCHOR PAPER COMPANY Office Supplies General 144711 130 CAMPOS,LORI Instructor Service Outdoor Center 144712 19 CENTERPOINT ENEGY Gas Miller Park 144713 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store 144714 350 CLIP'N'SAVE INC Advertising Den Road Liquor Store 144715 363 DUALE,K14ADRA Mileage&Parking Housing,Trans,&human Sery 144716 25 EPPiA Operating Supplies Senior Center Administration 144717 444 GE CAPITAL Other Rentals General 144718 1,583 HARRISON,WAYNE Instructor Service Athletics 144719 50 LEAGUE OF MINNESOTA CITIES Conference Expense Records Management 144720 1,043 METRO SALES INCORPORATED* Other Rentals General 144721 67,469 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 144722 7,830 MINNESOTA STATE TREASURER Building Surcharge General Fund 144723 922 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Summer Skill Development 144724 264 PETTY CASH-POLICE DEPT Operating Supplies Police 144725 2,692 QWEST Telephone Miller Park 144726 25 WOMEN IN LEISURE SERVICES Dues&Subscriptions Recreation Administration 144727 121,073 XCEL ENERGY Electric Prairie View Liquor Store 144728 372 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 144729 124 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 144730 208 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 144731 6,618 BELLBOY CORPORATION Liquor Den Road Liquor Store 144732 126 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 144733 80 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store 144734 8,331 DAY DISTRIBUTING Beer Prairie View Liquor Store 144735 4,285 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 144736 12,383 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 144737 600 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 144738 1,212 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 1.44739 9,922 GRIGGS COOPER&CO Liquor Den Road Liquor Store 144741 29,762 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 144742 356 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 144743 7,127 MARK VIi Beer Prairie Village Liquor Store 144744 504 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 144745 338 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 144746 1,795 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 144747 121 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 144748 8,461 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store P q 144749 1,323 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 144750 15,672 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 144751 764 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store 144752 17,109 THORPE DISTRIBUTING Beer Prairie View Liquor Store 144753 2,202 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 144754 2,593 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 144755 168 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 144756 1,333 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 144757 7,671 A P LAWN INC Contract Svcs-Lawn Maint. City Hall-CAM 144758 95 ANCHOR PAPER COMPANY Office Supplies General 144759 50 BOLD,PAULINE Other Contracted Services Sunbonnet Days 144760 300 CAGLEY,WILLIAM J Other Contracted Services Sunbonnet Days 144761 227 COSTCO Operating Supplies Fire 144762 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 144763 120 DEM CON LANDFILL LLC Waste Disposal Park Maintenance 144764 500 DEPT OF EMPLOYMENT/ECONOMIC DE Conference Expense Economic Development 144765 180 DRAMATISTS PLAY SERVICE INC Other Contracted Services Arts Initiative 144766 299 ELANDER MECHANICAL Cash Over/Short General Fund 144767 1,828 ENGINEERING REPRO SYSTEMS Operating Supplies Engineering 144768 400 FAHEY,LARRY Other Contracted Services Sunbonnet Days 144769 300 GASCH,ROBERT Other Contracted Services Sunbonnet Days 144772 2,571 GENUINE PARTS COMPANY Small Tools Fleet Services 144773 95 GIESE,PETER Other Contracted Services Sunbonnet Days 144774 336 GREATAMERICA LEASING CORP. Postage General 144775 45 HENNEPIN COUNTY TREASURER Operating Supplies Planning 144776 25 HENNEPIN COUNTY TREASURER Operating Supplies Planning 144777 4,510 HENNEPIN COUNTY TREASURER Board of Prisoner Police 144778 5,759 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 144779 192 RULES,JILL Awards City Manager 144780 85 IAFCI MINNESOTA Tuition Reimbursement/School Police 144781 65 ICE SKATING INSTITUTE Dues&Subscriptions Ice Arena 144782 158 J H LARSON COMPANY Building Repair&Maint. Park Maintenance 144783 39,306 LOGIS LOGIS Information Technology 144784 299 LORMAN EDUCATION SERVICES Tuition Reimbursement/School Police 144785 31 MAGADANCE,KATHY Program Fee Red Hat 144786 728 MEDICINE LAKE TOURS Special Event Fees Trips 144787 78 MENARDS Operating Supplies Fire Station#4 144788 35 MERLINS ACE HARDWARE Operating Supplies Park Maintenance 144789 1,713 METRO FIRE Repair&Maint.Supplies Fire 144790 390 METRO SALES INCORPORATED* Office Supplies Police 144791 338 PARK NICOLLET CLINIC Other Contracted Services Risk Management 144792 181 PERFORMANCE POOLS Building Permits General Fund 144793 300 PETTY CASH-SANDY WERTS Petty Cash&Change Funds General Fund 144794 34 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 144795 132 QWEST Telephone Prairie Village Liquor Store 144796 400 REGNIER,MARK Other Contracted Services Sunbonnet Days 144797 330 SECRETARY OF STATE Operating Supplies Economic Development 144798 2,194 STAR TRIBUNE Employment Advertising Human Resources 144799 3,316 US POSTMASTER-HOPKINS Postage Communication Services 144800 600 VOGEL'S EXOTIC ANIMALS SHOWS Other Contracted Services Sunbonnet Days 144801 15 WELD&SON'S PLUMBING Plumbing Permits General Fund 144802 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 144803 115 BECKER,DAVE Tuition Reimbursement/School Police 144804 150 CAMPOS,LORI Instructor Service Outdoor Center Check# Amount Vendor/Explanation Account Description Business Unit 144805 3,940 CENTURYTEL Telephone Telephone 144806 51 CUB FOODS EDEN PRAIRIE Operating Supplies Riley-Jacques Barn 144807 72 IMATION IMAX THEATRE Special Event Fees Trips 144808 1,470 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 144809 58 KEATING,MARY Mileage&Parking Planning 144810 23,095 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 144811 20 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 144812 202 MENARDS Repair&Maint.Supplies Water System Maintenance 144813 1,989 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 144814 12,615 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 144815 65 MINNESOTA VALLEY ELECTRIC COOP Electric Douglas More House 144816 185 MN FALL MAINTENANCE EXPO Conference Expense Engineering 144817 79 MOTOROLA Equipment Repair&Maint Wireless Communication 144818 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 144819 36 QWEST Telephone Sewer Litlstation 144820 518 REBS MARKETING Other Contracted Services Water Accounting 144821 315 STATE TREASURER Conference Expense Inspections-Administration 144822 45 TIME WARNER CABLE Dues&Subscriptions City Council 144823 310 TWIN CITIES&WESTERN RAILROAD Licenses&Taxes Water Utility-General 144824 536 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 144825 128 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 144826 194 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 144827 2,985 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 144828 7,954 DAY DISTRIBUTING Beer Den Road Liquor Store 144829 2,524 EAGLE WINE COMPANY Transportation Den Road Liquor Store 144830 13,356 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 144831 540 GRAND PERE WINES INC Wine Imported Den Road Liquor Store 144832 1,096 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 144833 10,672 GRIGGS COOPER&CO Liquor Den Road Liquor Store 144834 950 HOHENSTEINS INC Beer Prairie Village Liquor Store 144836 25,502 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 144837 17,407 MARK VII Misc Taxable Den Road Liquor Store 144838 220 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 144839 679 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 144840 1,066 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 144841 9,629 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 144842 2,922 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 144843 13,025 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 144844 100 SPECIALTY WINES AND BEVERAGES Wine Imported Den Road Liquor Store 144845 12,199 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 144846 85 TRI COUNTY BEVERAGE&SUPPLY Operating Supplies Den Road Liquor Store 144847 358 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 144848 1,227 WINE COMPANY,THE Wine Imported Den Road Liquor Store 144849 4,894 WINE,MERCHANTS INC Wine Imported Den Road Liquor Store 144850 190 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 144851 1,291 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 144852 55 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 144853 815 ALEX AIR APPARATUS INC Equipment Testing/Cert. Fire 144854 296 AMERICAN PRESSURE INC Equipment Repair&Maint Water Treatment Plant 144855 1,350 AMERICAN WATER WORKS ASSOCIATI Operating Supplies Water Utility-General 144856 1,620 ANCHOR PRINTING COMPANY Printing Senior Center Administration 144857 26 AQUA ENGINEERING INC Landscape Materials/Supp Street Maintenance 144858 410 ASPHALT MAINTENANCE CO Contract Svcs-Asphalt/Concr. Public Works/Parks 144859 142 AUDIOVISUAL INC Other Hardware Information Technology 144860 101 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 144861 717 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 144862 150 BENIEK PROPERTY SERVICES INC. Contract Svcs-General Bldg City Hall-CAM 144863 64 BERRY COFFEE COMPANY Operating Supplies Senior Center Administration 144864 164 BERTELSON OFFICE PLUS Operating Supplies Water Utility-General 144865 67 BIFFS INC Waste Disposal Park Maintenance 144866 617 BITUMINOUS ROADWAYS INC Patching Asphalt Street Maintenance 144867 2,002 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Fire Station#5 144868 1,422 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 144869 13,600 BLUE WATER SCIENCE Other Contracted Services Storm Drainage 144870 1,025 BOYER TRUCKS Equipment Repair&Maint Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 144871 1,222 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 144872 8,886 BRAUN INTERTEC CORPORATION Testing-Soil Boring ADC PROJECT 144873 90 BRO-TEX INC Equipment Parts Fleet Services 144874 421 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Miller Park 144875 925 BURKHALTER,AMY J Legal Fire 144876 64 C&C EMBROIDERY Clothing&Uniforms Fire 144877 695 C&H DISTRIBUTORS LLC Cleaning Supplies Water Treatment Plant 144878 245 CARDIAC SCIENCE INC Repair&Maint.Supplies Fire 144879 3,705 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 144880 203 CENTRAL BANK Other Contracted Services Police 144881 1,220 CITIES DIGITAL SOLUTIONS Operating Supplies Records Management 144882 193 CLAREYS INC Protective Clothing Water Treatment Plant 144883 2,464 COMMVAULT SYSTEMS,INC. Software Maintenance Information Technology 144884 320 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 144885 115 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 144886 1,463 CORPORATE EXPRESS Office Supplies General 144887 235 CRETEX CONCRETE PRODUCTS NORTH Repair&Maint.Supplies Storm Drainage 144888 13,320 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 144889 214 CY'S UNIFORMS Clothing&Uniforms Police 144890 372 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 144891 179 DELEGARD TOOL CO Equipment Parts Fleet Services 144892 229 DRAMATISTS PLAY SERVICE INC Operating Supplies Arts Initiative 144893 265 DUDA PLUMBING SERVICE INC Other Contracted Services Water Meter Repair 144894 200 DYE,DANELLE R Other Contracted Services Volleyball 144895 1,494 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant 144896 178 EARL F ANDERSEN INC Signs Traffic Signs 144897 116 ECOLAB INC Contract Svcs-Pest Control Community Center Maintenance 144898 544 EF JOHNSON Equipment Parts Wireless Communication 144899 343 ELVIN SAFETY SUPPLY INC Equipment Repair&Maint Fire 144900 1,101 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 144901 908 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage 144902 1,883 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Storm Drainage 144903 515 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 144904 396 FALCK,TIMOTHY R Other Contracted Services Softball 144905 246 FIRENET SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 144906 530 FLANAGAN SALES,INC. Other Assets Capital Impr./Maint.Fund 144907 3,219 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services 144908 72 FRONTIER PRECISION INC Equipment Parts Water System Maintenance 144909 487 G&K SERVICES Clothing&Uniforms Water Utility-General 144910 970 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 144911 118 GINA MARiAS INC Operating Supplies Fire 144912 107 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance 144913 27,334 GOPHER STATE SEALCOAT iNC Seal Coating Capital Impr./Maint.Fund 144914 3,952 GRAFiX SHOPPE Machinery&Equipment Police 144915 2,476 GRAINGER Supplies-HVAC City Hall-CAM 144916 53 GS DIRECT Operating Supplies Engineering 144917 1,299 HANSEN THORP PELLINEN OLSON Other Contracted Services Sewer Liftstation 144918 515 HAUGLAND,KELLY Other Contracted Services Volleyball 144919 362 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 144920 96 HENRY,PAUL Other Contracted Services Softball 144921 1,112 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 144922 3,500 HONEYWELL INDUSTRY SOLUTIONS Other Contracted Services Water Treatment Plant 144923 32 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 144924 220 IMAGETECH SERVICES Operating Supplies Park Maintenance 144925 113,437 IMPERIAL DEVELOPERS Improvement Contracts Capital Impr./Maint.Fund 144926 756 INFRATECH Repair&Maint.Supplies Sewer System Maintenance 144927 191 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 144928 107 INVENSYS SYSTEMS INC Operating Supplies Water Treatment Plant 144929 12,205 JEFFERSON FIRE&SAFETY INC Small Tools Fire 144930 573 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 144931 20,729 KEYS WELL DRILLING COMPANY Improvement Contracts Utility Improvement Fund 144932 138 KUSTOM SIGNALS INC Equipment Repair&Maint Police 144933 1,117 LAB SAFETY SUPPLY INC Cleaning Supplies Water Treatment Plant 144934 41,873 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT 144935 2,130 LANO EQUIPMENT INC Other Rentals Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 144936 955 LEE WAYNE CORP Miscellaneous Communication Services 144937 70 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 144938 139 LESCO INC Landscape Materials/Supp Water System Maintenance 144939 1,502 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Senior Center 144940 126 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police 144941 314 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 144942 3,103 MASTER SPRINKLER SYSTEMS Other Contracted Services Park Maintenance 144943 77 MAXI-PRINT INC Printing Police 144944 330 MCGREGOR,RANDY Other Contracted Services Softball 144945 174 MENARDS Operating Supplies Street Maintenance 144946 1,950 METRO EROSION INC Improvements to Land Capital Imps/Maint.Fund 144947 2,071 METRO FIRE Repair&Maint.Supplies Fire 144948 206,373 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 144949 16 METROPOLITAN FORD Equipment Parts Fleet Services 144950 383,439 MIDWEST ASPHALT CORPORATION Improvement Contracts Construction Fund 144951 2,143 MIDWEST DESIGN CO Printing Communication Services 144952 589 MILLER DUNWIDDIE Building Capital Impr./Maint.Fund 144953 1,880 MILLERBERND MANUFACTURING COMP improvement Contracts Construction Fund 144954 6,559 MINNESOTA ATHLETIC Clothing&Uniforms Fire 144955 103,550 MINNESOTA CONSTRUCTION Improvements to Land Capital Impr./Maint.Fund 144956 53 MINNESOTA CONWAY Operating Supplies Fire 144957 640 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. City Hall-CAM 144958 64 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 144959 70 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Services 144960 935 MTI DISTRIBUTING INC Equipment Parts Fleet Services 144961 332 MURRAY,JOHN Other Contracted Services Softball 144962 3,705 NATIONAL WATERWORKS Improvement Contracts CIP Trails 144963 199 NEPM Fire Prevention Supplies Fire 144964 104 NORTHERN POWER PRODUCTS INC Equipment Parts Fleet Services 144965 433 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 144966 587 NORTHLAND SECURITIES INC Bond Issue Costs 2005 G.O.Imp.Revolving Fund 144967 11,337 NORTHWEST ASPHALT Improvement Contracts Construction Fund 144968 842 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Telephone 144969 719,756 PARK CONSTRUCTION Improvement Contracts ADC PROJECT 144970 9,926 PARROTT CONTRACTING INC Other Contracted Services Utility Improvement Fund 144971 106 PARTY AMERICA Awards City Manager 144972 928 PC MALL Software Information Technology 144973 2,983 PCS TECHNOLOGIES INC Conference Expense Information Technology 144974 2,760 PLEHAL BLACKTOPPING INC Other Contracted Services Water System Maintenance 144975 3,381 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 144976 74 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 144977 308 PRAIRIE OFFSET PRINTING Printing Assessing 144978 1,925 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 144979 298 PUSH PEDAL PULL Equipment Repair&Maint Fitness Center 144980 3,401 QUALITY FLOW SYSTEMS INC Other Contracted Services Sewer Liftstation 144981 37 RADCO Equipment Parts Fleet Services 144982 170 RADIOSHACK Operating Supplies Police 144983 700 RAY,LEE Other Contracted Services Softball 144984 1,008 RCM&ASSOCIATES Operating Supplies Community Center Admin 144985 228 REED BUSINESS INFORMATION Legal Notices Publishing Parks Administration 144986 6,633 RELIAKOR SERVICES Seal Coating Street Maintenance 144987 2,220 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 144988 261 SAILER'S GREENHOUSE Landscape Materials/Supp Park Maintenance 144989 359 SCIENCE KIT INC Operating Supplies Environmental Education 144990 586,414 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 144991 357 SNAP-ON TOOLS Small Tools Water System Maintenance 144992 576 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 144993 228 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 144994 2,123 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 144995 52 SPORTS WORLD USA INC Operating Supplies Ice Arena 144996 11 SPS COMPANIES Repair&Maint.Supplies Park Maintenance 144997 394 STATE CHEMICAL MFG.CO.,THE Cleaning Supplies Water Treatment Plant 144998 644 STREICHERS Clothing&Uniforms Police 144999 64 SUBURBAN CHEVROLET Equipment Parts Fleet Services 145000 642 SUN NEWSPAPERS Employment Advertising Human Resources Check# Amount Vendor/Explanation Account Description Business Unit 145001 145 SWEDLUND SEPTIC Waste Disposal Outdoor Center 145002 165 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 145003 150 SWEET OCCASIONS FOR YOU Other Rentals Arts Initiative 145004 1,566 SYSTEM CONTROL SERVICES Equipment Parts Sewer Liftstation 145005 101 TEE JAY NORTH INC Contract Svcs-General Bldg Community Center Maintenance 145006 2,347 THYSSENKRUPP ELEVATOR CORP Contract Svcs-Elevator City Hall-CAM 145007 325 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 145008 135 TRANS ALARM INC Contract Svcs-Security Fire Station 45 145009 6,294 TRANSPORT GRAPHICS Equipment Repair&Maint Fire 145010 61 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 145011 97 UNIFORMS UNLIMITED Clothing&Uniforms Police 145012 530 UNITED RENTALS Small Tools Storm Drainage 145013 892 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Ice Arena Maintenance 145014 561 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 145015 7,913 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 145016 1,132 VESSCO INC Equipment Parts Water Treatment Plant 145017 384 VIKING ELECTRIC SUPPLY Supplies-Electrical City Hall-CAM 145018 525 WAHLS ENTERPRISES Equipment Repair&Maint Park Maintenance 145019 90 WIGLEY,GRIFFIN J. Software Information Technology 145020 784 WM MUELLER AND SONS INC Landscape Materials/Supp Park Acquisition&Development 145021 732 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 145022 149 WORM,SANDY Other Assets Capital Impr./Maint.Fund 145023 20 YAHOO! Other Contracted Services Police 145024 26,759 YALE MECHANICAL INC Other Contracted Services Water Treatment Plant 145025 32 YOCUM OIL COMPANY INC Repair&Maint.Supplies Water Treatment Plant 145026 300 ZAHN,GERALD Other Contracted Services Volleyball 145027 82 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 145028 756 ZIEGLER INC Other Contracted Services Water Treatment Plant 145029 264 ZOELLNER,MARK Other Contracted Services Softball 3,390,070 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions September 20, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Second Reading of an Ordinance XI. A. Janet Jeremiah Establishing a Fee Schedule For Michael D.Franzen Administration of Official Controls and Resolution approving Summary Ordinance Requested Action Move to: Approve 2nd Reading of the Ordinance Establishing a Fee Schedule for Administration of Official Controls and adopt Resolution approving Summary Ordinance for publication. Synopsis The first reading of this ordinance was held under the Public Hearing section of this meeting. Attachments Ordinance Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 19-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. The Title Page of Chapter 25, LISTING OF UNCODED ORDINANCES IN EFFECT shall be deleted in its entirety and replaced with the following: CHAPTER 25 LISTING OF UNCODED ORDINANCES IN EFFECT The following ordinances described in this Chapter adopted prior to the City Code or thereafter are effective. They are of a permanent and continuing nature, unless repealed or amended. Vacationof Easements..............................................................................•............................25-2 Namingof Streets and Road..................................................................................................25-2 CableTV Franchise...............................................................................................................25-3 UtilityFranchise.....................................................................................................................25-4 Adoptionof Codification.......................................................................................................25-4 Definition of"Persons or Families of Moderate Income".....................................................25-4 ZoningAmendments..............................................................................................................25-5 Fee Schedule for Administration of Official Controls...........................................................25-26 Section 2. City Code Chapter 25 is amended by adding section "Fee Schedule for Administration of Official Controls." The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION Building Permit-Valuation $1 to $500 $25.00 SERVICE FEE DESCRIPTION $501 to $2,000 $25.00 1"$500 plus $3.25 each add'1 $100 or fraction thereof, to& including$2,000 $2,001 to $25,000 $73.75 1st$2,000 plus$14.75 each add'1 $1,000 or fraction thereof,to & including$25,000 $25,001 to $50,000 $413.00 1"$25,000 plus $10.75 each add'1 $1,000 or fraction thereof, to & includin $50,000 $50,001 to $100,000 $681.75 1st$50,000 plus $7.50 each add'I $1,000 or fraction thereof,to & includin $1.00,000 $100,001 to $500,000 $1,056.75 15t$100,000 plus $6.00 each add'l $1,000 or fraction thereof,to & including$500,000 $500,001 to $1,000,000 $3,456.75 Ist$500,000 plus $5.00 each add'] $1,000 or fraction thereof,to & including$1,000,000 $1,000,001 &up $5.956.75 1st$1,000,000 plus$4.00 each add'] $1,000 or fraction thereof Building Permit Other Inspections &Fees Plan checking 65%of the building permit fee if valuation is greaterthan$10,000 Reins ection $47.00 Per hour Demolishing or Razing Buildings $25.00 Cash Park Fee Single Family Unit $3,400.00 All other residential $3,400.00 Per unit Office, Commercial, Industrial $7,500.00 Per acre Community Development Deposit 0 to 40 Acres $3,300.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes and environmental assessment worksheets 41 to 80 acres $3,600.00 81+acres $4,100.00 Guide Plan Charge $555.00 Plus $5.00 per acre Planned Unit Development $610.00 Plus $5.00 per acre .U.D Fee Planned Unit Development $610.00 Plus $5.00 per acre Amendment Platting 2 SERVICE FEE DESCRIPTION Residential-0 to 10 units $400.00 Plus$5.00 per unit Residential-II or more $510.00 Plus$5.00 per unit Commercial, Industrial, Office, $400.00 Plus $25.00 per acre Public-0 to 3 acres Commercial, Industrial, Office, $510.00 Plus $25.00 per acre Public-3.1 or more acres Site Plan Review Administrative $275.00 Site Plan Review (City Council Multi-Family-0 to 10 units $390.00 Plus $5.00 per unit Multi-Family-I I or more units $490.00 Plus $5.00 per unit Commercial, Industrial, Office, $390.00 Plus $25.00 per acre Public-0 to 3 acres Commercial, Industrial, Office, $500.00 Plus $25.00 per acre Public-3.1 or more acres Commercial,Industrial, Office,Public 0-3 acres $400.00 Plus $25.00 per acre 3.1 or more acres $500.00 Plus$25.00 per acre Residential 0-10 units $400.00 Plus $5.00 per unit 11 or more units $500.00 Plus $5.00 per unit Shoreland Management Ordinance Permits Temporary structure in public $60.00 waters Change in structure in public $60.00 waters Multiple dock or dock excess of $60.00 75' Zoning Amendment and Zoning A peal Zoning amendment $215.00 Appeal to Board of Adjustments and Appeats Variances Residential $295.00 Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all cha ters of the City Code Variances Other $480.00 Includes variances associated with properties zoned office, industrial, commercial and residential Variances Building or Fire Code $220.00 Aeal Commercial Wireless Communications towers and/or antennas 3 SERVICE FEE DESCRIPTION Administrative $250.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,000.00 Non- Towers and/or antennas on City refundable property Letter of Intent $1,000.00 Additional funds may be required if the Deposit for balance in the deposit account is legal/consultant inadequate to pay for all of the fees and costs costs incurred Variances required for tower See and/or antennas Development Fees Site Plan Review required for See tower and/or antennas Development Fees Environmental Assessment $300.00 Plus$5.00 acre Worksheet E.A.W. Excavation & Grading—GradingPermit Fee 101 to 1,000 cubic yards $41.00 1" 100 cubic yards,plus$19.50 for each add'1 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $216.00 1" 1,000 cubic yards, plus$16.50 for each add'l 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards $365.00 1" 10,000 cubic yards,plus $74.00 for each add'1 10,000 cubic yards or fraction thereof 100,001 or more $1,031.00 1" 100,000 cubic yards, plus$41.00 for each add'l 10,000 cubic yards or fraction thereof Additional plan review fees $33.00* Per hour/Minimum charge is one half hour required by changes, additions or revisions to approve plans Inspections outside normal $56.00* Per hour/Minimum charge is two business hours hours Reinspection fee $56.00 Each Inspection for which no fee is $56.00* Per hour/Minimum charge is one half specifically indicated hour Additional plan review required for $56.00* Per hour/Minimum charge is one half changes, additions, or revisions to hour approved lans *Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision,overhead, equipment, hourly wages and fringe benefits of the employees involved. Excavation &Grading—Plan Checking Fee 4 SERVICE FEE DESCRIPTION 101 to 1,000 cubic yards $41.00 1,001 to 10,000 cubic yards $55.00 10,001 to 100,000 cubic yards $55.00 1" 10,000 cubic yards, plus$28.00 for each add'I 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yards $307.00 lst 100,000 cubic yards, plus$15.00 for each add'1 10,000 cubic yards or fraction thereof 200,001 cubic yards or more $457.00 0 200,000 cubic yards, plus $8.00 for each add'1 10,000 cubic yards or fraction thereof Additional plan review fees $33.00 Per hour/Minimum charge is one half hour,required by changes, additions or revisions to approve plans Public Right-of Way or Easement Vacation Application Fee $255.00 Per transaction/for vacating the City's interest in real property, including right- of-way and easement's (for consultation, review, notice mailing, publication of notice and recording) Signs Up to 30 sq ft in size $60.00 31 sq ft through 50 sq ft in size $80.00 51 sq ft through 80 sq ft in size $100.00 81 sq ft or over $125.00 Charge for returning picked up $10.00 signs ** The surface of double or multi- forced signs shall be combined for the purpose of determining the amount of the fee. Engineering—Land Development Services For consultants, utility and street plans and specifications, general and final inspections of improvements andspecial assessment division Final Plan Review,Contract Administration,and Ins ection Review 5%multiplied by the total Not applicable to projects built by city construction cost through special assessment. Cost include public infrastructure improvements(excluding grading costs), subject to approval by City Engineer payable prior to start-up. Final Plat Residential $50.00 Per unit/Minimum $310.00 plus cost of review by special consultants necessary as determined by the City 5 SERVICE FEE DESCRIPTION Manager. Deposit required. Paid prior to release of plat. Commercial,Industrial, Office and $122.00 Per acre/Minimum $310.00 Public Administrative Land Division $65.00 LGU Review Min. payment is $250. Plus cost of $75.00 An hour review by special consultants necessary as determined by the City Manager. Deposit required. Payment is due after completion of site review activities, plan review and/or prior to release of plat LGU Deposit-Plan Review An LGU deposit agreement is $3,000.00 required for wetland alteration, wetland replacement,wetland restoration and/or wetland bank plan reviews LGU Deposit—Site Review An LGU deposit agreement is $1,000.00 required for site review and/or wetland delineation review Section 3. City Code Chapter l entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective September 29, 2005. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of September, 2005, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of September, 2005. ATTEST: Kathleen Porta Cit y Clerk Nancy Y ,T ra-Lukens Mayor Y PUBLISHED in the Eden Prairie Sun Current on 6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 19-2005 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 19-2005 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 20th day of September, 2005. NOW THEREFOR4E, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 19-2005 is lengthy and contains charts. B. The text of summary of Ordinance No.19-2005, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 19-2005 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on September 20, 2005. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta,City Clerk EXHIBIT A I SUMMARY OF ORDINANCE 19-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summarv: This ordinance amends Chapter 25 of the City Code by adding a new section which establishes pursuant to Minnesota Statute a fee schedule for the City's costs in administering Official Controls. As also defined by Minnesota Statute, Official Controls may include zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. 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.) CITY COUNCIL AGENDA DATE: SECTION: Appointments September 20, 2005 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XfV.A. Michael Barone, Assistant Student Representatives to City Commissions to the City Manager Requested Action: • Move to: Appoint Danny Crichton, Graham Kist, and Ali Neugebauer to the Parks, Recreation and Natural Resources Commission to terms beginning October 2005 through May 2006 • Move to: Appoint Jill Bartel, Rori Costello, and Sandra Moran as Student Representatives to the Human Rights and Diversity Commission to terms beginning October 2005 through May 2006 • Move to: Appoint Danny Dunleavy,Anna Hewitt, and Jennifer Nicklay as Student Representatives to the Heritage Preservation Commission to terms beginning October 2005 through May 2006 • Move to: Appoint Sarah Erickson, Michael Kientzle, and Rui (Grace)Li as Student Representatives to the Arts and Culture Commission to terms beginning October 2005 through May 2006 Synopsis: The Assistant to the City Manager held a meeting with the staff liaisons to City Commissions to review and discuss the applications. Recommendations were then made based on the students' stated preferences and the quality of their application. 16 applications were received by the deadline of September 12, 2005. Three students are being recommended for each Commission, for a total of 12 student appointments. All student terms begin in October 2005 and end in May 2006. An orientation session will be held for the student representatives on Wednesday, September 28, 2005, before they begin serving on their Commission. The orientation will include general information on City government, the City Council, as well as Commission structure and function. Background Information: In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City's Commissions. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director September 20, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV. D. 1. Robert A. Lambert, Director Lower Purgatory Creek Conservation Area Parks and Recreation Trail Plan Requested Action Move to: Approve the Lower Purgatory Creek Conservation Area Trail Plan as per the recommendation of the Parks, Recreation and Natural Resources Commission, the Lower Purgatory Creek Conservation Area Trail Planning Committee and the consultant. Synopsis A citizens trail planning committee made up of fourteen residents who live along the Lower Purgatory Creek Conservation Area have worked with a planning consultant from Brauer and Associates over the last six months to develop a concept plan for providing public access to the Lower Purgatory Creek Conservation Area. Although there are some residents who oppose any trails within this conservation area,the majority of the residents understand the need for public access to this public land and do support the proposed concept plan. City staff are recommending approval of the concept plan and recommend funding the first phase of the trail system in 2006. This phase may have to be delayed until 2007 depending on the ability of the Riley Purgatory Bluff Creek Watershed District to fund a share of this cost. The proposed first phase would be from the entry point at Homeward Hills Park south to the entry point at Gantry Way. The estimated cost for the first phase of this trail project is$168,500; and the total cost for all phases is $449,500. The City has petitioned the Watershed District to fund fifty-percent of the cost of these projects. Background In February of 2005, letters were sent notifying all residents within 1,000 feet of the Lower Purgatory Creek Conservation Area that the City Council had authorized preparation of the plans for a trail system within the Conservation Area. The letter also invited any residents wishing to serve on a planning committee to write a letter expressing an interest to serve. Thirteen residents applied and were accepted to serve on a Trails Planning Committee, a fourteenth resident requested to be involved on the Committee during the planning process. City staff and consultants from Brauer and Associates met with the citizens planning committee in March to review the background and previous planning studies for the trails within the Conservation Area. Lower Purgatory Creek Conservation Area Trail Plan September 20, 2005 Page 2 On April 16 the staff completed an on-site tour with the consultant and the citizens planning committee and since that time the Committee has met on several occasions prior to a neighborhood meeting,which was held on June 23. The neighborhood meeting was established to provide all residents near the Lower Purgatory Creek Conservation Area an opportunity to respond to the concept plan for the trails within the Conservation Area. Based on the input from that meeting, Jeff Schoenbauer, the consultant for Brauer and Associates has recommended the concept plan attached to this memorandum. A copy of this concept plan has been on the City's website for several weeks and the consultant reviewed the plan with the Riley Purgatory Bluff Creek Watershed District on August 3. Considerations In 1976 the City Council approved the Purgatory Creek Study. That Study recommended the City acquire as much of the Purgatory Creek valley as possible from"rim to rim". Since that time the City has been preserving the creek valley through land acquisition mostly from land donations from adjacent developers. The recommendation of that report was to protect the area for its natural beauty and to maintain the steep wooded slopes in their natural condition to protect the creek. This report recommended the following: "This is a priority area for protection, to do this it requires establishing management goals, controlling or limiting access to the valley floor, limiting trail development to minimum widths and natural surfacing materials, and restricting development on the slopes. The valley floor trail should be designed to,move from bank to bank, providing the user with as diversified an environmental experience as possible." Since 1978 all of the Park and Open Space Plans for the City of Eden Prairie have depicted preservation of not only the Purgatory Creek valley, but also the Riley Creek valley and the Nine Mile Creek valley to accommodate future trail systems where ever possible. The Lower Purgatory Creek valley does present some challenges due to the steep banks, thus requiring a number of creek crossings that will be accommodated by bridges constructed in a similar fashion to the one that was installed several years ago between Antler's Ridge and Branching Horn. Although a number of residents expressed concern regarding the trail at the neighborhood meeting, City staff believe that nearly all residents' concerns have been addressed through the process. The majority of the residents seem to have accepted the rationale for developing trails and many residents are looking forward to the day when these trails are completed. The development of the City's trail system continues to be the strongest supported improvement to the City's park system. Over 80%of the residents use these trails on a regular basis and support the completion of the trail system. Even though over 80%of the residents support the trail system, few residents support the concept of trail near their home when they first hear of the plan.After these trails are constructed, residents adjacent to the trails are generally the strongest supports of the trail system and heaviest users of the trail system because of its convenience to their homes. Lower Purgatory Creek Conservation Area Trail Plan September 20, 2005 Page 3 Attachments ■ Lower Purgatory Creek Conservation Area Trail Concept Plans ■ Natural Trail Master Plan Cost Analysis—Lower Purgatory Creek ■ June 2 letter to the Lower Purgatory Creek Conservation Area neighbors—notifying them of the public review process Nature Trail Master Plan Cost Analysis Date: August 24, 2005 Project: Nature Trails -.Purgatory Creek Conservation Area Owner: City of Eden Prairie Prepared By: Brauer&Associates, Ltd, Phase I Trail Development - Homeward Hills Park to Gantry Way Includes natural trail development from Homeward Hills Park (i.e., from the existing creek crossing and access trail between Homeward Hills Park and Wild Heron Point) south to the connection with Gantry Way.a All work is contracted out unless noted otherwise. Phase I Cost Items and Estimate Nature Trail 7,200 lineal feet of 24"to 48"wide nature trail using natural 50,500 soils. Includes basic clearing, grading/ shaping, and seeding of disturbed areas adjacent to trail. Footbridge 42"wide x 15' long wooden footbridge across ravines for 6,000 pedestrians only. Estimate allows for 1 footbridge. (Materials only, City installs.) Creek Bridge 42"wide x 30' long bridge across creek for pedestrians only. 60,000 Includes six bridges. (Materials only, City installs.) Signage General trail signage defining trail as pedestrian-only and 15,000 rovi ing mapping. Site Amenities Benches, overlooks,trash receptacle, etc. 15,000 f� V. B r x - �� F. a-a N.N 9M .�- Items not included in estimate.- • Remedial grading work or stabilization of cutbanks encountered along the trail corridor • Any upgrades to existing access paths from adjoining neighborhoods 1 Phase 11 Trail Development - Homeward Hills Park to Pioneer Trail includes natural trail development from Homeward Hills Park north to Pioneer Trail. All work is contracted out unless noted otherwise. Phase I Cost Items and Estimate Nature Trail 7of lineal feet of 24"to 48"wide nature trail using natural 20,000 ncludes basic clearing, grading/ shaping, and seeding urbed areas adjacent to trail. Footbridge 42"wide x 15' long wooden footbridge across ravines for 6,000 pedestrians only. Estimate allows for 1 footbridge. (Materials only, City installs.) Creek Bridge 42"wide x 30' long bridge across creek for pedestrians only. 30,000 includes three bridges. (Materials only, City installs.) Signage General trail signage defining trail as pedestrian-only and 4,000 pro !ding mapping. _ Site Amenities Benches, overlooks, trash receptacle, etc. _ 5,000 Items not included in estimate: • Remedial grading work or stabilization of cutbanks encountered along the trail corridor • Any upgrades to existing access paths from adjoining neighborhoods 2 Phase Ill Trail Development - Pioneer Trail to Homeward Hills Road (Creekwood Park) Includes natural trail development from Pioneer Trail north to Homeward Hills Road (which ties into an existing paved trail that leads over to Creekwood Park) and the cul-de-sac on Heron Hills Point. All work is contracted out unless noted otherwise. Phase I Cost items and Estimate Nature Trail 3,800 lineal feet of 24"to 48"wide nature trail using 27,000 natural soils. Includes basic clearing, grading/ shaping, and seed[n of disturbed areas adjacent to trail. Boardwalks/Footbridge 42"wide boardwalks/footbridge across wet 9,000 areas/lowlands for pedestrians only. Estimate is a budget figure for 200 lineal feet. (Materials only, City installs.) Creek Bridge 42"wide x 30' long bridge across creek for pedestrians 50,000 only. Includes five bridges.(Materials only, City installs.) Signage General trail signage defining trail as pedestrian-only and 9,000 providing mapping. Site Amenities Benches, overlooks, trash receptacle, etc. 8,000 _ Za P€ e e ci inters_ NOR "•� •-ems._ � -- ., -._ - '�'O3_ . ' Items not included in estimate: • Remedial grading work or stabilization of cutbanks encountered along the trail corridor • Any upgrades to existing access paths from adjoining neighborhoods J g 9 • Alternative trail loop 3 Phase IV Trail Development --• Gantry Way to Riverview Road Includes natural trail development from Gantry Way to the interconnection with the paved trails along Riverview Road. Also includes the neighborhood access trails from Wild Duck Pass and White Tail Crossing. All work is contracted out unless noted otherwise_ Phase I Cost Items and Estimate Nature Trail 4,700 lineal feet of 24"to 48"wide nature trail using 33,000 natural soils. Includes basic clearing, grading/ shaping, and seeding of disturbed areas adjacent to trail. Boardwalks/Footbridge 42"wide boardwalks jfootbridge across wet 4,500 areas/lowlands for pedestrians only. Estimate is a budget fig ure for 100 lineal feet. (Materials only, City installs.) Creek Bridge 42"wide x 30' long bridge across creek for pedestrians 10,000 only. Includes one bridge. (Materials only, City installs.) Signage General trail signage defining trail as pedestrian-only and 9,000 providing mapping. Site Amenities and Benches, overlooks, trash receptacle, etc.Also includes 20,000 Misc. Improvements budget figure for wooden fencing at new neighborhood access points to provide buffer between homes and the trail (particularly at Wild Duck Pass and White Tail Crossing) and wooden steps where the trail comes up to Riverview Road. Items not included in estimate; • Remedial grading work or stabilization of cutbanks encountered along the trail corridor • Any upgrades to existing access paths from adjoining neighborhoods 4 Summary of Trail Development Cost Estimate for All Phases Total Cost Phase 1 Cost Estimate for Development $146,500 Total Cost Phase 11 Cost Estimate for Development $65,000 Total Cost Phase III Cost Estimate for Development $103,000 Total Cost Phase IV Cost Estimate for Development $76 500 Total Cost Estimate for Development for All Phases $391,000 Contingency and Professional Fees (Approx. 15Y6) $58,500 Total Overall Cost estimate for All Phases $449,500 Additional Qualifiers The cost estimate is based on the assumption that the project would be bid under separate contracts for specific work items, as opposed to one general contract. The project cost estimate is also based on specialized contractors bidding the construction work.This is especially the case with development of the nature trails, where walk-behind type equipment is envisioned over the use of larger ride-on equipment. For footbridges and creek bridges, the cost estimate assumes the City will do installation to reduce costs. Costs for development could also be reduced if the City uses its own crews to do some of the work on trails, or other organizations that have provided labor in on past City projects. 5 Parks and Recreation I June 2,2005 Lower Purgatory Creek Conservation Neighborhood Dear Resident, Earlier this year you were sent a letter notifying you that the City Council had authorized preparation of plans for the development of the trail system within the Lower Purgatory Creek Conservation Area that would provide all residents with access to this public property.You were also invited to send a letter if you were interested applying for a position on a planning team to assist the city and its consultant in developing a trail system within this conservation area. Fourteen of your neighbors did apply and were accepted to join the city staff in working with a consultant in developing this trail system.Residents on the planning team represent most of the neighborhoods on either side of Purgatory Creek from just north of County Road 1,south to Riverview Road.These residents have met with a consultant in planning meetings and have toured the site to discuss the best location for trails within this conservation area. The city will hold a neighborhood meeting to explain the concept plan that has been developed to date.You're invited to attend this meeting and provide input to the consultant. Thursday,June 23,2005 7:00 p.m. Eden Prairie City Center- 8080 Mitchell Road Heritage Rooms-Lower Level After this meeting a final proposed plan will be submitted for review at the Riley Purgatory Bluff Creek Watershed District on August 3,and then to the Parks,Recreation and Natural Resources Commission on August 29 and finally to the City Council for their approval on September 20.You are invited to all of these public meetings and to comment on the plan. Your neighbors who have worked with the City on developing this concept plan have been very helpful in defining the issues that are of concern to the various neighborhoods and sharing their knowledge of how this conservation area is currently use by residents. I look forward to seeing you at the neighborhood meeting on Thursday,June 23. Sincerely, Robert A.Lambert Direct or of Parks and Recreation SAF:bju GAParks and Recreation\Recreation\Brenda\Letter&Memoslambert 2005Tetter\Lower Purgatory Creek Neighborhood meeting letter.doc