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City Council - 08/05/2006
AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, AUGUST 15, 2006 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room H 1. PARTNERSHIP FOR EMERGENCY RESPONSE PROGRAM Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 15,2006 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 Sweeny I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 1,2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BROOKVIEW RIDGE by David and Patricia Smith. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R-22 on 4.56 acres. Location: 9780 Brookview Circle. (Ordinance for PUD District Review with waivers and Zoning District Change) C. APPROVE SECOND READING OF ORDINANCE AMENDING SECTION 9.07 OF THE CITY CODE,RELATING TO DANGEROUS DOGS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION AUTHORIZING ISSUANCE OF $1,080,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES,SERIES 2006C E. ADOPT RESOLUTION APPROVING PROFESSIONAL AND TECHNICAL SERVICES CONTRACT AGREEMENT WITH THE STATE OF MINNESOTA AND ALBECK GERKEN,INC.,FOR EDEN PRAIRIE SIGNAL OPTIMIZATION PROJECT, I.C. 06-5666 CITY COUNCIL AGENDA August 15, 2006 Page 2 F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR CONSTRUCTION STAGE SERVICES OF HILLTOP ROAD IMPROVEMENT PROJECT,I.C. 05-5642 G. APPROVE BID FROM TRAILSOURCE LLC FOR CONSTRUCTION OF THE RILEY CREEK NATURE TRAIL H. APPROVE BID FROM QUIRING CONSTRUCTION FOR CONSTRUCTION OF THE EDENBROOK TRAILHEAD AND PARKING LOT IN EDENBROOK CONSERVATION AREA I. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR THE 2006 PRIMARY AND GENERAL ELECTIONS J. AWARD BID FOR COMPACT UTILITY LOADER AND ATTACHMENTS TO SCHARBER AND SONS K. PURCHASE OF AIRPORT CRASH RESCUE TRUCK FROM MINNEAPOLIS AIRPORT FIRE DEPARTMENT L. APPROVE TEMPORARY RIGHT OF ENTRY AND UTILITY EASEMENT AGREEMENT WITH MAC VIII. PUBLIC HEARINGS/MEETINGS A. THREE RIVERS OFF LEASH DOG PARK by Three Rivers Park District. Request for: Off leash dog park. Location: Bryant Lake Regional Park. B. KLUGE RESIDENCE by Richard and Kelsey Kluge. Request for: Zoning District Change from Rural to R1-22 on 1.98 acres. Location: 7260 Willow Creek Road. (Ordinance for Zoning District Change) C. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION by Southwest Metro Transit Commission. Request for: Planned Unit Development Concept Review on 10.1 acres,Planned Unit Development District Review with waivers on 10.1 acres, Zoning District Amendment within the I-2 Zoning District on 10.1 acres and Site Plan Review on 10.1 acres. Location: 14405 62°d Street West. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) D. AMENDMENT TO CHAPTER 2 AND 3 OF THE GUIDE PLAN DESIGNATING A TOWN CENTER(Resolution for Comprehensive Guide Plan Amendment) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS CITY COUNCIL AGENDA August 15, 2006 Page 3 XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. REQUEST TO APPEAL ORDER FOR ABATEMENT OF TALL GRASS AND WEEDS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. City of Minnetonka's 50th Anniversary (Resolution) B. REPORT OF CITY MANAGER 1. Minutes Standards C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Veterans Memorial Concept Plan 2. County Road 4 Bike Trail Plans 3. Baseball Association Request Regarding Park Hours 4. Purgatory Creek Recreation Area Boardwalk Plans 5. Senior Center Advisory Council Request for Irrigation of Pioneer Park Gardens 6. Birch Island Woods Acquisition (Resolution) 7. Third Rink Fundraising Update E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 1,2006 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Acting Mayor Ron Case, Councilmembers Brad Aho, Sherry Butcher, and Philip Young. Mayor Tyra-Lukens was absent. CITY STAFF: City Manager Scott Neal, 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 Case called the meeting to order at 7:02 p.m. H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. INTERNATIONAL FESTIVAL Eden Prairie's third annual International Festival(Sunday,Aug. 13d' from 3:00 to 8:30 p.m. at the Staring Lake Amphitheatre)will feature booths of international crafts and games run by Eden Prairie residents, as well as performances by both professional groups and residents displaying their cultural heritage through music and dance. Councilmembers and the public are welcomed to attend this celebration of Eden Prairie's diversity. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added item VILG to the Consent Calendar,moved the Woodland 2nd Addition item to its correct spot under Ordinances, and added an update on the city's water supply to Report of the City Manager. Case added an item on tall grass mowing to Reports of Councilmembers. MOTION: Aho moved, seconded by Young,to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY DULY 18 2006 CITY COUNCIL MINUTES August 1,2006 Page 2 MOTION: Butcher moved, seconded by Aho,to approve the Council Workshop minutes as published. Motion carried 3-0-1 with Young abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 18,2006 MOTION: Aho moved, seconded by Butcher,to approve the City Council minutes as published. Motion carried 3-0-1 with Young abstaining. VH. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO.2006-95 APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 3"ADDITION C. APPROVE SECOND READING OF ORDINANCE 19-2006 AMENDING CITY CODE SECTION 3.05 REGARDING DISCONTINUANCE OF MUNICIPAL UTILITIES FOR FAILURE TO ALLOW METER SERVICE AND REPAIR/REPLACEMENT D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT 91-08 (LOTS 2-8,BLOCK 1,BLUFFS EAST 11 ADDITION) E. APPROVE PARTIAL RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT AND FIRST AMENDMENT TO SPECIAL ASSESSMENT AGREEMENT(LOT 14,BLOCK 6,HENNEPIN VILLAGE) F. APPROVE SALE OF ENGINE 22 TO HENNEPIN TECHNICAL COLLEGE IN RETURN FOR TUITION CREDITS G. CONSENT TO TRANSFER OF LEASE (SITE#A1P0008A)TO T-MOBILE CENTRAL LLC. MOTION: Young moved, seconded by Aho,to approve Items A-G on the Consent Calendar. Motion carried 4-0. VIII. PUBLIC HEARINGS/MEETINGS Case called the HRA meeting to order at 7:12 p.m. A. JOINT HRA& CITY COUNCIL PUBLIC HEARING ON ESTABLISHMENT OF TIF REDEVLOPMENT DISTRICT—SUPERIOR OFFICE CENTER PROJECT(FORMER PHYSICAL ELECTRONICS) (Resolutions) CITY COUNCIL MINUTES August 1,2006 Page 3 Neal said discussion is ongoing with the applicant for TIF assistance. The proponent asks and Staff agrees that the public hearing be continued until September 5 h. I RA/CITYCOUNCIL MOTION: Butcher moved, seconded by Young,to continue the public hearing on Establishment of TIF Redevelopment District— Superior Office Center to the September 5th City Council Meeting. Motion carried 4-0. HRA MOTION: Butcher moved, seconded by Aho, to adjourn the HRA. Motion carried 4-0. The BRA meeting adjourned at 7:15 p.m. B. SUPERIOR OFFICE CENTER by United Properties.Request for: Guide Plan Change from Industrial to Office on 10.36 acres,Planned Unit Development Concept Review on 10.36 acres, Planned Unit Development District Review and Zoning District Change from I-2 to Office on 10.36 acres,Resolution for Site Plan Review on 10.36 acres, and Preliminary Plat on 10.36 acres into one lot.Location: 6509 Flying Cloud Drive. (Resolution for Guide Plan Change; Resolution for PUD Concept Review,Ordinance for PUD District Review and Zoning District Change,Resolution for Preliminary Plat) Neal said discussion is ongoing for normal planning approvals as well. The proponent asks and Staff agrees that the public hearing be continued until September 5 h. MOTION: Young moved, seconded by Aho,to continue the public hearing on the Superior Office Center to the September 5d'City Council Meeting. Motion carried 4-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher,Case, and Young voting "aye." X. ORDINANCES AND RESOLUTIONS A. WOODLAND 2ND ADDITION by Tom Robertson. Request for: Preliminary Plat of 27,979 square feet into one lot.Location: 6983 Woodland Drive. (Resolution No. 2006-96 for Preliminary Plat) Rosow reviewed possible implications for other open space if this outlot is p p developed as a single-family lot. The development does not negatively impact the City's position regarding other open areas. Though the outlot was originally dedicated as private open space,the plan changed over time as the development changed from multifamily to single family residences. The presence of additional open space in yards made the dedicating the outlot as open space unnecessary. CITY COUNCIL MINUTES August 1,2006 Page 4 The outlot was reclassified in 2001 as vacant residential land and has been taxed as such,and a court order has relieved the covenants of the homeowner's association. In contrast,the development of the Bent Creek Golf Course area has been stable over time. Distinguishing and material factors separate the two situations. MOTION: Young moved, seconded by Aho,to adopt Resolution No.2006-96 for Preliminary Plat on .64 acres into 1 lot; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 4-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.07 RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS Neal said the City Attorney has recommended that the City update its ordinances relating to dangerous and potentially dangerous dogs. A case decided by the Court of Appeals held that if a City did not have an ordinance in place, it could not use provisions of state law enabling its use to deal with dangerous dogs. The existing city ordinance did not contain any reference to dangerous dogs. The City Attorney has drafted language which allows the City to utilize the applicable state laws. MOTION: Aho moved, seconded by Butcher, to approve the first reading of the ordinance amending section 9.07 of the City Code. Motion carried 4-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XHI. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Tall Grass MowinL Case said he had received input on tall grass mowing from a resident whose lawn was unmowed due to construction work. Sometimes there are other mitigating factors causing tall grass, including illness or a death. Case suggested making a final phone contact with residents giving the date the City will mow (and bill the resident)and/or making face to face contact before mowing. Aho agreed there are special circumstances but expressed concerns about encumbering Staff by adding additional requirements for specific kinds of contact. After discussion, Councilmembers agreed the ordinance and notification process is CITY COUNCIL MINUTES August 1,2006 Page 5 generally reasonable and respectful of residents and can be left to Staff judgment. B. REPORT OF CITY MANAGER 1. Water Supply Update Dietz said the City's water tanks had been heavily taxed recently, losing water at a rate of three feet per day. A public service announcement was sent out requesting full compliance with lawn watering restrictions,or the City would likely need a full ban. The City issued over 1000 citations for watering this year, double the normal number. Since night irrigation seems to be a major drain on the system, Staff went out at 3:00 a.m. on August 1 and issued about 200 citations. Case asked if back-to-back"odd days" (for example, July 31 and August 1) spiked violations for automated systems, and Dietz said he didn't know.Today's rain restored the tanks to almost full. Butcher noted the purpose of watering restrictions is to maintain safety. Dietz agreed, noting the fire department relies on the tanks to fight fires. The water in the Hidden Ponds tank has been as low as 1 foot this summer,versus its usual 35-40 feet. A water crisis in 1988 actually prompted the fire department to patrol the streets with loudspeakers asking residents to comply with watering bans. Heavy pumping of the aquifier also causes the water table to drop 50-75 feet, which leads in turn to a significant loss of well field capacity. Case noted other communities are also experiencing water restrictions. The City always seeks a balance between providing availability of water in all circumstances and containing costs. Dietz said the City's current 14 wells pump a total of 28 million.gallons maximum. With further development,the City will likely need to add two more wells and will probably begin this process next year. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Prospect Road Briefing/Alternatives Discussion Dietz presented possible alternatives to the current Prospect Road proposal near Hennepin Village, as requested by Council. One key issue here is the desire for a secondary access point to the neighborhood,which is desirable for fire,police, and public works. The second is potential environmental impacts. In recent years,the City has limited the length and overall use of CITY COUNCIL MINUTES August 1,2006 Page 6 cul de sacs,unless there are significant environmental issues driving their use. So both factors come into play in this instance. Dietz noted the approval process for Hennepin Village in 2001 included Prospect Road and decisions have been based on its inclusion. Dietz presented alternative scenarios for Prospect Road and for providing safe access to current and future neighborhoods which are likely to be developed if Prospect Road goes through. For Prospect Road itself,there are two alternatives,both of which would provide the needed secondary access to Hennepin Village A: ➢ Implement the proposal as developed five years ago,which includes a culvert and fill for the Riley Creek crossing and incorporates 10 percent grades. Environmental concerns raised by residents include the steep grades,the presence of five to ten springs in the fill area,possible impacts on Miller Spring, and the additional of impervious surface(the road). There would be no additional cost beyond the projected$600,000 cost for this proposal. ➢ Make the creek crossing a bridge instead of a culvert with fill. A bridge crossing would have several advantages, including reducing the grade to 8%, avoiding putting fill over the springs, avoiding changing the water velocity in the stream bed as a culvert would do, and being more attractive. It would,however, add to the cost: an additional $500,000 for a 75-foot bridge, and an additional$1.2 million for a 200-foot bridge. Dietz noted that with Prospect Road in place,the City should expect to see further development. Eden Prairie Road would likely become a cul de sac and other secondary access roads would be constructed to provide secondary access to local neighborhoods during emergencies(for example, flooding at creek crossings). Dietz presented five mapped options for these roads, but noted each involves takings, driving total costs for construction and right-of-way to between$2 million and $3 million. Many of these roads have 10%grades and present some potential environmental impacts as well. Dietz recommended proceeding with Prospect Road in either form, and also making at least a residential-street connection across as new neighborhoods are developed. The concept should be broached to residents now, especially since some of the homes in or near the right of way are very expensive. Butcher noted the bottom line concern of residents seems to be about natural resources. She asked if the bridge option would have less impact. Dietz said he believed pipe and drain tile could be used under the fill in the culvert option to channel flow from the springs. Impact on Miller Spring,however, is hard to predict. There are four crossings of Riley CITY COUNCIL MINUTES August 1,2006 Page 7 Creek already, and the Prospect Road crossing is 30 feet higher than the elevation of the spring, so Dietz did not see an obvious problem. However,when the spring pipe was installed, a difference of just 4 feet made it run dry the spring is only about 110 inches deep. There is no science to say whether Prospect Road would or would not disrupt Miller Spring. As for the addition of impervious area,the road surface represents less than 1%of the water collection area, so is unlikely to have much effect. Dietz said a bridge(especially a 200-foot bridge)would provide a wildlife corridor and better aesthetics. Jeremiah noted the bridge option also provides a trail corridor along the creek. Dietz noted the bridge option also creates less change in the velocity and flow pattern of the stream,which environmentalists prefer. Young asked if the Planning Commission would examine the issue an d Dietz said yes. He will also debrief with concerned residents. Young asked if doing nothing were an option. Dietz said the City could keep Eden Prairie Road open and add a cul de sac for plowing,but he would not recommend it. Case noted there is a trail with a culvert leading out of Hennepin Village A and wondered if it could be developed into a"safety exit"solely for emergency access. He also asked if the City could do the Environmental Assessment Worksheet, since it was not done in 2001. After discussion, Council directed Staff to brief the Planning Commission, Parks, Recreation, and Natural Resources Commission,the Conservation Commission, and the Historic Preservation Commission on the project as the process goes forward. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. City vs.Advantage Media Rosow said the City's billboard ordinance was affirmed on all counts. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. The meetingadjourned at 8:12 .m. J p CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 15, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Christy Weigel,Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Amendment to Liquor License 2AM Closing Permit-Renewal NaaR, Inc DBA:NaaR Grille - 1 - CITY COUNCIL AGENDA DATE: August 15, 2006 SECTION: Consent Agenda DEPARTMENT/DAVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Development/Planning Janet Jeremiah Brookview Ridge Scott A.Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 4.56 acres and Zoning District Change from Rural to R1-22 on 4.56 acres; and • Approve the Development Agreement for Brookview Ridge; and • Approve and Authorize Issuance of a Grading Permit for Brookview Ridge, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated February 6,2004, as approved by the City Council. Synopsis This project is for 4 single-family lots. The project had its l'Reading on February 17, 2004. Since then the owners of the property have been working to find a buyer prior to signing the Development Agreement. The Agreement has been updated to meet 2006 rates for the special assessment agreement as well as any updated Agreement language. The review period for the project ends on August 30, 2006 Attachments • Ordinance for PUD District Review and Zoning District Change • Summary Ordinance • Development Agreement BROOKVIEW RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 20-2006-PUD-114-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development R1-22 Zoning District 20- 2006-PUD-18-2006 (hereinafter'PUD-14-2006-R1-22"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 15, 2006 entered into between David and Patricia Smith, husband and wife, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-14-2006-R1-22, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-14-2006-R1-22 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-2006-R1-22 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-14-2006-R1-22 are justified by the design of the development described therein. D. PUD-14-2006-R1-22 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-22 Zoning District and shall be included hereafter in the Planned Unit Development PUD-14-2006-R1-22 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of February, 2004, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th of August,2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Brookview Ridge Legal Description Before Final Plat Lot 1,Block 1, Creek Ridge Estates,Hennepin County,MN Legal Description After Final Plat Lots 1 —4,Block 1,Brookview Ridge,Hennepin County,MN BROOKVIEW RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 20-2006-PUD-14-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of 4.56 acres of land located at 9780 Brookview Circle, from the Rural Zoning District to the R1-22 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT Brookview Ridge THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of August 15, 2006, by David and Patricia Smith, husband and wife, hereinafter referred to as "Owner," its successors and assigns,and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Owner has applied to City for Planned Unit Development Concept Review on 4.56 acres,Planned Unit Development District Review with waivers on 4.56 acres,Zoning District Change from Rural to R1-22 Zoning District on 4.56 acres,and Preliminary Plat of 4.56 acres into 4 lots, legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No.2004-30 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-22 on 4.56 acres, Resolution No.2004-31 for Preliminary Plat,Owner agrees to construct,develop and maintain the Property as follows: 1. PLANS: Owner shall develop the Property in conformance with the materials revised and stamp dated February 6,2004,reviewed and approved by the City Council on February 17, 2004, (hereinafter the 'Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Owner agrees to the terms,covenants,agreements,and conditions set forth in Exhibit C. 3. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls,type,height, and type of details. D. Location of sewer,water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. I. Engineered design for footing, foundation, and retaining walls. 4. OWNER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Owner pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. OWNER'S RESPONSIBILITY FOR ITS CONTRACTORS: Owner shall release, defend and indemnify City, its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Owner or Owner's consultants, contractors, subcontractors, suppliers and agents. Owner shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Owner agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property,Owner shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland,wetland buffer strips,wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Owner shall certify to the City that the water quality pond conforms to the final grading plan. Owner shall employ the design professional who prepared the final grading plan.The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Owner shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Owner shall complete implementation of the approved SWPPP. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property,delineated on Exhibit B Plans,Owner shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Owner shall place a construction fence on the approved construction grading limits. Owner shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Owner shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 8. HOOK UP TO PUBLIC UTILITIES: Prior to issuance of any building permit for the Property,Owner shall connect a public sanitary sewer and water main to the existing house on Lot 2,Block 1,Brookview Ridge, as depicted on the Plans. 9. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property,Owner shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property,and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property,Owner shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal,Owner shall provide to the City a deposit in the amount of$1,000.00 to guarantee that Owner completes implementation of the approved plan. The city shall return to Owner the$1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Owner has completed implementation of the approved plan. 10. PRIVATE DRIVEWAY: Prior to the release by the City of any final plat for the Property, Owner shall submit to the City Planner,and obtain the City Planner's written approval of a cross access and maintenance agreement between Lots 1 and 2,Block, 1 Brookview Ridge for the driveway that serves Lot 2,Block 1,Brookview Ridge. Prior to any building permit issuance for the Property,Owner shall provide written proof that the approved cross access and maintenance agreement has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles' Office. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-22 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. 0-foot side yard setback to the driveway for Lot 2,Block 1,Brookview Ridge. City code requires a 3-foot side yard setback. 12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property,Owner shall submit to the Chief Building Official,and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Owner shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any portion of the Property, an assessment agreement, in the form and substance as attached in Exhibit D, shall be signed by the Owner(s) of the Property with the City for Brookview Circle Improvements and Trunk Sewer and Water Assessments(Trunk Improvements). (a). The Property will be assessed for Trunk Improvements on 4.56 acres in an amount of $27,177.60. 0 (b). The Property will be assessed for the Brookview Circle Improvements for 50/o ofthe total project costs of the Brookview Circle Improvements, a total assessed amount not to exceed$50,000.00 to the Property. Said assessment shall be equally divided between Lots 1-4 of the Property. 14. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property,Owner shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Owner shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Owner. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 15. TREE LOSS-TREE REPLACEMENT: There are 1,663 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 428 diameter inches. Tree replacement required is 146 caliper inches. Prior to the issuance of any grading permit for the Property,Owner shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 146 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that,should actual tree loss exceed that calculated herein,Owner shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property, Owner shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Owner shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAERIE By David Smith Nancy Tyra-Lukens Its Mayor By Patricia Smith Scott H.Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006,by David and Patricia Smith,husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT - BROOKVIEW RIDGE Legal Description Before Final Plat Lot 1,Block 1, Creek Ridge Estates,Hennepin County,MN Legal Description After Final Plat Lots 1 —4,Block 1,Brookview Ridge,Hennepin County,MN EXHIBIT B DEVELOPMENT AGREEMENT - BROOKVIEW RIDGE PLANS 1. Cover Sheet dated 1/16/04 by Ryan Engineering 2. Existing Conditions dated 8/01/03 by Ryan Engineering 3. Preliminary Plat dated 1/02/04 by Ryan Engineering 4. Preliminary Site and Utility Plan dated 1/16/04 by Ryan Engineering 5. Preliminary Grading and Tree Preservation Plan dated 1/28/04 by Ryan Engineering EXHIBIT C DEVELOPMENT AGREEMENT-BROOKVIEW RIDGE I. Prior to release of any building permit,Owner shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-year flood plain contours,ponding areas,tributary areas to catch basins,arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. H. Owner shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Owner fails to proceed in accordance with this Agreement within twenty-four(24)months of the date hereof,Owner,for itself, its successors,and assigns, shall not oppose the City's reconsideration and rescission of any Planned Unit Development,Rezoning,or Preliminary Plat approved in connection with this Agreement,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Owner hereby irrevocably nominates,constitutes,and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Owner represents that it has marketable fee title to the Property. With respect to any interest in all portions of the Property which Owner is required,pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Owner represents and warrants as follows now and at the time of dedication or conveyance: A. That Owner has marketable fee title free and clear of all mortgages,liens,and other encumbrances. Prior to final plat approval,Owner shall provide to the City a current title insurance policy insuring such a condition of title. B. That Owner has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn. Stat., Sec. I I5B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Owner has not allowed any other person to use,employ,deposit,store,dispose of,place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Owner agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Owner, its employees, agents, contractors or representatives. VIII. Owner acknowledges that Owner is familiar with the requirements of Chapter 11,Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Owner agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Owner shall pay to City fees for the first three (3)years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Owner shall submit detailed water main,fire protection,and emergency vehicle access plans to the Fire Marshal for review and approval. Owner shall follow all the recommendations of the Fire Marshal. XI. Owner acknowledges that the rights of City performance of obligations of Owner contemplated in this agreement are special,unique, and of an extraordinary character, and that,in the event that Owner violates,or fails,or refuses to perform any covenant,condition, or provision made herein, City may be without an adequate remedy at law. Owner agrees, therefore, that in the event Owner violates, fails, or refuses to perform any covenant, condition,or provision made herein,City may,at its option,institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Owner shall, prior to the commencement of any improvements, provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XHI. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(I = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Owner. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Owner shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 % by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Owner shall record the Development Agreement at the County Recorder and/or Registrar of Titles.The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The Cityis hereby anted the option, but not the obligation, to complete or cause Y 1�' p g P completion in whole or part of all of the Owner's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security") is required if the Owner defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s)within ten(10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Owner has initiated and is diligently pursuing such cure. The Owner acknowledges that the City does not assume any obligations or duties of the Owner with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Owner,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Securityand if the Security has not then been renewed replaced or otherwise extended n' P beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security,the proceeds shall be used to cure the default(s)and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Owner hereby grants the City,it's agents,employees,officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Owner. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT - BROOKVIEW RIDGE AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2006,between the City of Eden Prairie,a municipal corporation,(the"City")and David and Patricia Smith,husband and wife (the "Owner"). A. The Owner holds legal and equitable title to property described as Lot 1,Block 1,Creek Ridge Estates, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the'Property". B. The Owner desires to develop the property in such a manner that relies upon and requires the construction of the following public improvements: 1. City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells and elevated storage facilities, (all of which is hereafter referred to as the "Trunk Improvements). 2. Storm sewer, concrete curb and gutter and bituminous street within Brookview Circle adjacent to the Property, (all of which is hereafter referred to as"Brookview Circle Improvements". C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction,and maintenance of the Trunk Improvements and Brookview Circle Improvements as follows: a).The Property will be assessed for Trunk Improvements on 4.56 acres in an amount of$27,177.60. b).The Property will be assessed for the Brookview Circle Improvements for 50%of the total project costs of the Brookview Circle Improvements,a total assessed amount not to exceed$50,000.00 to the Property. Said assessment shall be equally divided between Lots 1-4 of the Property. 2. The City will prepare a Feasibility Report that will show proposed costs to be assessed against the Property and additional amounts to other lands for the Brookview Circle Improvements. The actual cost to be assessed against the Property for the Brookview Circle P g P rh' Improvements may differ from the amount in the Feasibility Report but shall not exceed the amount specified in paragraph 1. Actual costs to be assessed against the Property for the Brookview Circle Improvements shall be determined in the same manner as reported in the Feasibility Report to be prepared with respect to these improvements. 3. For purposes of determining the amount of the assessments, the costs of the Brookview Circle Improvements shall include, in addition to actual construction costs, administrative,interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Brookview Circle Improvements and costs incurred for acquisition of easements and or right-of-way, including attorney fees. 4. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered b the City Council and thereafter approved and levied. g Y h' pP 6. The Owner concurs that the benefit to the Property by virtue ofthe Improvements to be constructed exceeds the amount ofthe assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 7. This agreement shall be effective immediately. 8. This Agreement may not terminated r ended except in writing executed b both o be termma o am _ �' Y P g Y parties hereto,provided however upon the levying ofthe special assessments contemplated by Paragraph 1 hereof the City may upon request ofthe owner ofthe property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED David Smith Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Patricia Smith Scott H.Neal Its City Manager STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006,by David and Patricia Smith,husband and wife. Notary Public CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 15, 2006 DEPARTMENU/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.C. Police Department Dangerous Dog Ordinance—2nd Reading Chief Dan Carlson Requested Action Move to: • Approve the second reading of the ordinance amending section 9.07 of the City Code; and • Adopt Resolution approving Summary Ordinance Synopsis The first reading of the ordinance was approved by Council on August 1,2006 Due to a recent court decision,the City Attorney has recommended that the City update its ordinances relating to dangerous and potentially dangerous dogs. A case decided by the Court of Appeals held that if a City did not have an ordinance in place, it could not use provisions of state law enabling its use to deal with dangerous dogs. The existing city ordinance did not contain any reference to dangerous dogs.The City Attorney has drafted language which allows us to utilize the applicable state laws. Attachments • Ordinance • Summary Ordinance • Resolution for Publication of Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESTOA ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,AMENDING CITY CODE BY ADDING TO SECTION 9.07 SUBDIVISION 20 RELATING TO ADOPTION OF STATUTES BY REFERENCE;SUBDIVISION 21 RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS PROCEDURES;SUBDIVISION 22 RELATING TO PROCEDURES FOR DESTRUCTION OF DOGS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRA_IRI E,MINNESOTA ORDAINS: Section 1. Section 9.07 is amended by adding Subdivisions 20,21 and 22 as follows: Subd. 20. Adoption of Statues by Reference. Minnesota Statutes §§ 347.50-.347.56 inclusive (2005)are hereby adopted by reference.One copy marked as the official copy shall be filed for use and examination by the public in the office of the City Clerk. Subd.21.Procedures for Determination of Dangerous and Potentially Dangerous Dogs A. When the Chief of Police has determined that a dog is a dangerous dog or a potentially dangerous dog, the Chief of Police shall notify the owner in writing of that determination. The notice shall include the basis or bases on which the determination has been made and a description of the evidence supporting such basis or bases.The notice shall further advise the owner that he may appeal the determination,by filing with the City Clerk his written request for a hearing,within fourteen(14)days after the date contained in the notice. If the owner does not request a hearing within the fourteen(14)days,the Chief of Police's determination shall be final. B. If the owner requests a hearing,the date for the hearing shall be set not more than fourteen (14) days after receipt of the request for hearing. The hearing shall be held by the Hearing Officer, who may be appointed by the City Manager and who may be an employee of the City.Upon conclusion of the hearing,the Hearing Officer shall,within ten(10)days,make his decision which reverses or affirms the determination that the dog is a dangerous dog or a potentially dangerous dog and shall notify the owner in writing of his decision("Hearing Officer's Notice of Decision"). If the Hearing Officer's decision is to affirm the determination,he shall include in the Hearing Officer's Notice of Decision his findings and conclusions supporting his decision. C. The Hearing Officer's Notice of Decision shall also advise the owner that he may appeal the decision of the Hearing Officer to the Council by filing a notice in writing of the owner's appeal with the City Clerk within fourteen(14)days after the date contained in the Hearing Officer's Notice of Decision.If the owner does not file his notice of appeal within fourteen (14) days,the Hearing Officer's decision shall be final. D. The Council's consideration of the matter shall be based upon the evidence and record of the proceedings before the Hearing Officer.The Council shall consider the matter within thirty (30)days after filing of the notice of appeal and may affirm or reverse the Hearing Officer's decision. In either event,the Council's decision shall be final. Subd.22. Procedures for Destruction of Dogs.To afford a dog owner an opportunity for a hearing for the destruction of a dog pursuant to Minnesota Statutes§347.56(2005),the procedures specified in Section 9.07, Subdivision 21 shall be followed, except that the Hearing Officer shall be an Administrative Law Judge from the Office of Administrative Hearings or other impartial decision- maker and the Hearing Officer's decision shall be final, except however,the Council may reverse the Hearing Officer's decision to destroy a dog. Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 9.99 are hereby adopted in their entirely by reference as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1" day of August 2006 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 2006. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on ,2006. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2006 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2006 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 150'day of August, 2006. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS,DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No._-2006 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. _-2006, attached hereto, 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 No. _-2006 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20)days after said publication. ADOPTED by the Eden Prairie City Council on August 15,2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE BY ADDING TO SECTION 9.07, SUBDIVISION 20 RELATING TO ADOPTION OF STATUTES BY REFERENCE;SUBDIVISION 21 RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS PROCEDURES; SUBDIVISION 22 RELATING TO PROCEDURES FOR DESTRUCTION OF DOGS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance adopts by reference Minnesota Statutes Sections 347.50— 347.56 inclusive(2005).The ordinance establishes procedures for the determination of dangerous and potentially dangerous dogs and the procedure for the destruction of a dog pursuant to Minnesota Statutes Section 347.56. 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: August 15,2006 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.D. Sue Kotchevar, Office of the Resolution Relating to $1,080,000 City Manager/Finance General Obligation Equipment Certificate, Series 2006C Requested Action Move to: Adopt Resolution Authorizing Issuance of$1,080,000 General Obligation Equipment Certificates, Series 2006C Synopsis The purpose of the issuance of the certificates is to pay for an aerial ladder truck which replaces ladder truck 1. Also,the certificates will pay for a light rescue truck and a brush truck for the new fire station and the co mmunication room project. p J Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- RESOLUTION AUTHORIZING THE ISSUANCE,AWARDING THE SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,080,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006C BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the City), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. The City Council hereby determines that it.is in the best interest of the City to issue its General Obligation Equipment Certificates of Indebtedness, Series 2006C (the Certificates),--in the principal amount of$1,080,000,pursuant to Minnesota Statutes, Section 412.301 and Chapter 475. The proceeds of the Certificates will be used,together with any additional funds of the City which might be required,to finance the costs of acquiring various items of capital equipment. Said items of capital equipment have a useful life not less than the term of the Certificates. The principal amount of the Certificates does not exceed .25 percent of the market value of taxable property in the City. Accordingly, publication of this resolution in the City's official newspaper is not required and the Certificates are not subject to approval at an election. 1.02. Sale. Pursuant to the Notice of Sale and the Official Statement prepared on behalf of the City by Northland Securities, Inc.,proposals for the purchase of the Certificates were received at or before the time specified for receipt of proposals. The proposals have been opened,publicly read and considered and the purchase price,interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of , in , , (the Purchaser),to purchase the Certificates at a price of $ plus accrued interest on all Certificates to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Certificates is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Certificates in accordance with the terms of the proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Certificates have been delivered, and shall be deducted from the purchase price paid at settlement. SECTION 2. CERTIFICATE TERMS; REGISTRATION;EXECUTION AND DELIVERY. 2.01. Issuance of Certificates. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done,to exist,to happen and to be performed precedent to and in the valid issuance of the Certificates having been done,now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Certificates,to provide security therefor and to issue the Certificates forthwith. 2.02. Maturities; Interest Rates;Denominations and Payment. The Certificates shall be originally dated as of September 1,2006, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of original issue until paid at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 2008 $185,000 % 2009 210,000 2010 225,000 2011 225,000 2012 235,000 The interest thereon and,upon surrender of each Certificate,the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. [REVISE MATURITY SCHEDULE FOR ANY TERM CERTIFICATES] 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Certificates pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Certificate so delivered, exchanged or transferred. Interest on the Certificates shall be payable on February 1 and August 1, commencing August 1,2007, each such date being referred to herein as an Interest Payment Date,to the person in whose names the Certificates are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date,whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. The Certificates shall not be subject to optional redemption prior to their stated maturities. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM CERTIFICATES] [Certificates maturing on February 1, 200_and 200_(the Term Certificates) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption rice equal to the stated principal amount thereof plus interest p P q P P accrued thereon to the redemption date,without premium. The Registrar shall select for 2 redemption,by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Certificates: Year Principal Amount The remaining$ stated principal amount of such Certificates shall be paid at maturity on February 1, 200_. Year Principal Amount The remaining$ stated principal amount of such Certificates shall be paid at maturity on February 1,200_. The Finance Director shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail,to the registered holders of any Certificates to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof,but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Certificate not affected by such defect or failure. Official notice of redemption having been given as aforesaid,the Certificates or portions of Certificates so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified and from and after such date(unless the City shall default in the payment of the redemption price) such Certificates or portions of Certificates shall cease to bear interest. Upon partial redemption of any Certificate, a new Certificate or Certificates will be delivered to the owner without charge,representing the remaining principal amount outstanding.] 2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank, National Association in Minneapolis,Minnesota, as the initial bond registrar,transfer agent and paying agent(the Registrar). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Certificates in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: 3 (a) Re ig ster. The Registrar shall keep a bond register in which the Registrar shall provide for the registration of ownership of Certificates and the registration of transfers and exchanges of Certificates entitled to be registered,transferred or exchanged. (b) Transfer of Certificates. Upon surrender for transfer of any Certificate duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Certificates of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may,however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Certificates. Whenever any Certificates are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Certificates of a like aggregate principal amount and maturity,as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Certificates surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Certificate is presented to the Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Certificate or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith,to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Certificate is at any time registered in the bond register as the absolute owner of the Certificate,whether the Certificate shall be overdue or not, for the purpose of receiving payment of or on account of,the principal of and interest on the Certificate and for all other purposes;and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Certificate to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Certificates (except for an exchange upon a partial redemption of a Certificate),the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated,Lost, Stolen or Destroyed Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost,the Registrar shall deliver a new Certificate of like amount, number,maturity date and tenor in exchange and substitution 4 for and upon cancellation of any such mutilated Certificate or in lieu of and in substitution for any Certificate destroyed, stolen or lost,upon the payment of the reasonable expenses and charges of the Registrar in connection therewith;and, in the case of a Certificate destroyed, stolen or lost,upon filing with the Registrar of evidence satisfactory to it that the Certificate was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Certificates so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Certificate has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Certificate prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Certificates, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Certificates issued upon any transfer or exchange of Certificates shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Certificates surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Certificates shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager,provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of any Certificate, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,the same as if he had remained in office until delivery. Notwithstanding such execution, no Certificate shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Certificate has been duly executed by the manual signature of the Registrar. The executed certificate of authentication on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Certificates have been prepared, executed and authenticated,the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Form of Certificates. The Certificates shall be prepared in substantially the following form: 5 UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF EDEN PRAIRIE GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2006C Interest Rate Maturity Date Date of Original Issue CUSIP No. % February 1, 20_ September 1,2006 REGISTERED OWNER: CEDE& CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF EDEN PRAIRIE, MINNESOTA (the City), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above,without option of prior payment, and promises to pay interest thereon from the date of original issue specified above or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above, payable on February 1 and August 1 of each year, commencing August 1,2007,to the person in whose name this Certificate is registered at the close of business on the fifteenth day(whether or not a business day) of the immediately preceding month. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and,upon presentation and surrender hereof at the principal office of the agent of the Registrar described below,the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Wells Fargo Bank, National Association, in Minneapolis,Minnesota, as bond registrar,transfer agent and paying agent(the Registrar), or its successor designated under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Certificate is one of an issue in the aggregate principal amount of$1,080,000 issued pursuant to a resolution adopted by the City Council on August 15,2006 (the Resolution),to finance the costs of acquisition of capital equipment, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 412.301 and Chapter 475. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM CERTIFICATES] [Certificates maturing in the year 200_and 200 shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: 6 Term Certificates Maturing in 200- Term Certificates Maturing in 200- Sinking Fund Aggregate Sinking Fund Aggregate Payment Date v Principal Amount Payment Date Principal Amount The Finance Director shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed,by first class mail, to the registered holders of any Certificates to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Certificate not affected by such defect or failure. Official notice of redemption having been given as aforesaid,the Certificates or portions of Certificates so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified and from and after such date(unless the City shall default in the payment of the redemption price) such Certificates or portions of Certificates shall cease to bear interest. Upon partial redemption of any Certificate, a new Certificate or Certificates will be delivered to the owner without charge, representing the remaining principal amount outstanding.] As provided in the Resolution and subject to certain limitations set forth therein,this Certificate is transferable upon the books of the City at the office of the Registrar,by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar,duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Certificates of other authorized denominations. Upon such transfer or exchange the City will cause a new Certificate or Certificates to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Certificate is registered as the absolute owner hereof,whether this Certificate is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED,RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed preliminary to and in the issuance of this Certificate in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required;that,prior to the issuance hereof,the City Council has levied ad valorem taxes on all taxable property in the City,which taxes will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Certificates when due, and has appropriated such taxes to its General Obligation Equipment Certificates of Indebtedness, 7 Series 2006C Bond Fund for the payment of such principal and interest;that if necessary for payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of this Certificate,together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by manual signature of the Registrar. IN WITNESS WHEREOF,the City of Eden Prairie,Minnesota, by its City Council,has caused this Certificate to be executed on its behalf by the facsimile signatures of the Mayor and City Manager. CITY OF EDEN PRAIRIE,MINNESOTA (facsimile signature--City Manager) (facsimile signature--Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Certificates delivered pursuant to the Resolution mentioned within. Date of Authentication: WELLS FARGO BANK,NATIONAL ASSOCIATION, as Registrar By Authorized Representative The following abbreviations,when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM-as tenants in common UTMA ................... as Custodian for..................... (Cust) (Minor) TEN ENT-as tenants by the entireties under Uniform Transfers to Minors Act.............. (State) JT TEN--as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT 8 For value received,the undersigned hereby sells, assigns and transfers unto the within Certificate and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Certificate on the books kept for registration of the within Certificate,with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular,without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s)must be guaranteed by an "eligible guarantor institution"meeting the requirements of the Registrar,which requirements include membership or participation in STAMP or such other "signature guaranty program"as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance-with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of certificate form] SECTION 3. GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006C BOND FUND. So long as any of the Certificates are outstanding and any principal of or interest thereon unpaid,the Finance Director shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Equipment Certificates of Indebtedness, Series 2006C Bond Fund(the Bond Fund), and the principal of and interest on the Certificates shall be payable from the Bond Fund. The City irrevocably appropriates to the Bond Fund(a) all taxes levied and collected in accordance with this Resolution and(b) all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Certificates payable therefrom,the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient,and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency,which levy is not subject to any constitutional or statutory limitation. SECTION 4. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Certificates as such payments respectively become due,the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5%in excess of the amount needed to meet when due the principal and interest payments on the Certificates, ad valorem taxes are hereby levied on all taxable property in the City. The taxes are to be levied and collected in the following years and amounts: 9 Levy Years Collection Years Amount 2006-2010 2007-2011 See attached Levy Computation The taxes shall be irrepealable as long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 5. DEFEASANCE. When all of the Certificates have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the registered owners of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited,bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity. SECTION 6. CERTIFICATION OF PROCEEDINGS. 6.01. Registration of Certificates. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Certificates have been duly entered upon the County Auditor's bond register and that the tax for the payment of the Certificates has been levied as required by law. 6.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey& Whitney LLP,Bond Counsel,certified copies of all proceedings and records relating to the Certificates and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Certificates, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 6.03. Official Statement. The Preliminary Official Statement relating to the Certificates, dated August_,2006,relating to the Certificates prepared and distributed by Northland Securities, Inc. is hereby approved. Northland Securities, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price,the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Certificates required to be included in the Official Statement by Rule 15c2-12 adopted by the 10 Securities and Exchange Commission(the SEC)under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy,completeness and sufficiency of the Official Statement. SECTION 7. TAX COVENANTS:ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 7.01. General Tax Covenant. The City covenants and agrees with the registered owners from time to time of the Certificates that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Certificates to become includable in gross income of the recipient under the Internal Revenue Code of 1986 (the Code) and applicable Treasury Regulations(the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Certificates will not become includable in gross income of the recipient under the Code and the Regulations. In particular,the City covenants and agrees that all proceeds of the Certificates will be expended solely for the payment of the costs of acquisition of capital equipment to be owned and maintained by the City and used in the City's general governmental operations. The City shall not enter into any lease, use or other agreement with any non-governmental person relating to the use of the equipment or security for the payment of the Certificates which might cause the Certificates to be considered "private activity bonds"or"private loan bonds"pursuant to Section 141 of the Code. 7.02. Arbitrage Certification. The Mayor and City Manager being the officers of the City charged with the responsibility for issuing the Certificates pursuant to this Resolution,are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Certificates which make it reasonable to expect that the proceeds of the Certificates will not be used in a manner that would cause the Certificates to be "arbitrage bonds"within the meaning of the Code and Regulations. 7.03. Arbitrage Rebate. The City acknowledges that the Certificates are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Certificates from gross income for federal income tax purposes, unless the Certificates qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Certificates(other than amounts constituting a"bona fide debt service fund")arise during or after the expenditure of the original proceeds thereof. 7.04. Not Qualified Tax-Exempt Obligations. The Council does not designate the Certificates as"qualified tax-exempt obligations"for purposes of Section 265(b)(3)of the Code relating to the disallowance of interest expense for financial institutions. 7.05. Reimbursement. The City certifies that the proceeds of the Certificates will not be used by the City to reimburse itself for any expenditure with respect to the equipment which the 11 r City paid or will have paid more than 60 days prior to the issuance of the Certificates unless, with respect to such prior expenditures,the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations;provided that this certification shall not apply(i)with respect to certain de minimis expenditures, if any,with respect to the equipment meeting the requirements of Section 1.150-2(f)(1)of the Regulations, or (ii)with respect to "preliminary expenditures" for the equipment as defined in Section 1.150- 2(f)(2) of the Regulations which in the aggregate do not exceed 20%of the "issue price" of the Certificates. 7.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Certificates and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Certificates to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12),relating to continuing disclosure (as in effect and interpreted from time to time,the Rule),which will enhance the marketability of the Certificates,the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Certificates. The City is the only obligated person in respect of the Certificates within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section,any person aggrieved thereby, including the Owners of any Outstanding Certificates,may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and ' observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Certificates or under any other provision of this resolution. As used in this section, Owner or Certificateowner means, in respect of a Certificate,the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner(as hereinafter defined)thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Certificate, any person or entity which(i)has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Certificate(including persons or entities holding Certificates through nominees, depositories or other intermediaries), or(b) is treated as the owner of the Certificate for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c)hereof, either directly or indirectly through an agent designated by the City,the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2005,the following financial information and operating data in respect of the City(the Disclosure Information): 12 (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for 'reasons beyond the reasonable control of the City,noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph(A) hereof,the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under the captions ECONOMIC AND FINANCIAL INFORMATION; SUMMARY OF DEBT AND DEBT STATISTICS; GENERAL INFORMATION-"Major Employers" and`Building Permits." Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified,the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof,the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements,which have been submitted to each of the repositories hereinafter referred to under subsection(c)or the SEC. If the document incorporated b reference i a fin al mal official statement it must be available from the iP Y , Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph(2)hereof),then, from and after such determination,the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph(b)(1)or subsection(d), then the City shall include in the next Disclosure Information to be delivered hereunder,to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is 13 a Material Fact(as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (IT) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy,hold or sell a Certificate or, if not disclosed,would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase,holding or sale of a Certificate within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner,notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1)at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection(d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection(d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection(b)to the following entities by telecopy, overnight delivery,mail or other means, as appropriate: (1) the information described in paragraph(1) of subsection (b),to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota 14 as contemplated by the Rule(the State Depository), if any; (2) the information described in paragraphs(2)and (3)of subsection(b),to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection(b),to any rating agency then maintaining a rating of the Certificates at the request of the City and, at the expense of such Certif cateowner,to any Certificateowner who requests in writing such information, at the time of transmission under paragraphs (1) or(2) of this subsection(c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term, Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Certificates are Outstanding. Notwithstanding the preceding sentence,however,the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings,the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Certificates to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section(and the form and requirements of the Disclosure Information)may be amended or supplemented by the City from time to time, without notice to(except as provided in paragraph(c)(3)hereof) or the consent of the Owners of any Certificates, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel,who may rely on certificates of the City and others and the opinion may be subject to customary qualifications,to the effect that: (i) such amendment or supplement(a) is made in connection with a change in circumstances that arises from a change in law or regulation or,a change in the identity,nature or status of the City or the type of operations conducted b the i or is required b or better complies with, e P Y C (b) y, th,th City, q P provisions of paragraph(b)(5) of the Rule; (ii)this section as so amended or supplemented would have complied with the requirements of paragraph(b)(5) of the Rule at the time of the primary offering of the Certificates, giving effect to any change in circumstances applicable under clause(i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering;and(iii) such amendment or supplement does not materially impair the interests of the Certificateowners under the Rule. If the Disclosure Information is.so amended,the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of 15 financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. ADOPTED by the City Council of the City of Eden Prairie this 15'h day of August, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 16 CITY COUNCIL AGENDA DATE: August 15, 2006 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C.06-5666 ITEM NO.: VILE. Approve Professional&Technical Services Randy Newton Contract Agreement with the State of Minnesota Public Work/Engineering and Albeck Gerken, Inc. for the Eden Prairie Area Signal Optimization Project Requested Action Move to: Adopt resolution approving Professional and Technical Services Contract Agreement with the State of Minnesota and Albeck Gerken, Inc. for the Eden Prairie Area Signal Optimization Project. Synopsis The Eden Prairie Area Signal Optimization Project will result in the coordination and optimization of traffic signals on TH 212, Prairie Center Drive, and Valley View Road. This project is one of the near-term projects identified in the Major Center Area Study. Background Information The Eden Prairie Area Signal Optimization Project is a cooperative project with Mn/DOT to develop and implement optimized coordinated signal timing plans for up to 29 traffic signals on or adjacent to TH 212, Prairie Center Drive, and Valley View Road. The project will update the traffic sig nal coordination on TH 212 between I-494 and Pioneer Trail. The project will also � P J identify and implement several coordinated traffic signal systems on Prairie Center Drive and Valley View Road. Financial Implications The total contract amount for the project is $78,410.60. The State of Minnesota is responsible for $46,262.27 or 59% of these costs. The City of Eden Prairie is responsible for the remaining $32,148.33 or 41% of the costs. The City of Eden Prairie costs will be paid through the use of State Aid funds. Attachments • Resolution • Professional and Technical Services Contract Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 06- APPROVE PROFESSIONAL& TECHNICAL SERVICES CONTRACT AGREEMENT WITH THE STATE OF MINNESOTA AND ALBECK-GERKEN,INC.FOR PRAIRIE THE EDEN AREA SIGNAL OPTIMIZATION PROJECT I.C. 06-5666 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, Mn/DOT and the City of Eden Prairie desire to jointly optimize the traffic signal timing on TH 212,Prairie Center Drive, and Valley View Road. WHEREAS, NhVDOT has prepared a Professional & Technical Services Contract Agreement that identifies the financial obligations for the State and the City for this project. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Professional & Technical Services Contract Agreement for the Eden Prairie Area Signal Optimization Project is hereby approved, and the Mayor and City Manager are hereby authorized to execute said contract on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on August 15,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk Mn/DOT Contract No.89842 CFMS Contract No. STATE OF NIINNESOTA PROFESSIONAL AND TECHNICAL SERVICES CONTRACT State Project Number(SP):N/A Trunk Highway Number(TIC:212 Project Identification:Eden Prairie Area Signal Optimization Project This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation("State")and the City of Eden Prairie through its City Council("City"),and Albeck-Gerkin,Inc.,Address:2673 North 125`h Avenue, Omaha,NE 68164("Contractor"). Recitals 1. Under Minnesota Statutes §15.061, State is empowered to engage h assistance as deemed necessary. 2. The State and City is in need of Traffic Signal timing optimization ices f 9 traffic signals along TH 212 and within the area of Eden Prairie. 3. Contractor represents that it is duly qualified and agrees to perform a es described in this agreement to the satisfaction of State and City. Contract Special Terms Article 1 Term of Contract: 1.1 Effective date: The date that all required signatures are obtained by t to Minnesota Statutes Section 16C.05,subdivision 2. 1.2 Expiration date:June 1,2007,or until all obligations have been approved, ich ever occurs first. 1.3 Survival terms: All clauses which impose obligations continuing in thei ture and which must survive in order to give effect to their meaning will survive the expiration or termination of this Contract,includin 'thout limitation,the following clauses: 11.Governing Law, Jurisdiction and ;22.Audits and Inspections;23.Government Data Practices and Intellectual o ;24.Liability;29.Publicity and Endorsement;and 36.Data Disclosure 1.4 Exhibits: Exhibits are attached and incorporated into this Contract. Article 2 Scope of Work and Deliverable: 2.1 The services to be provided for and ct by the Contractor are: 2.1.1 Field Studies to collect d signal timing and optimization work. 2.1.2 Analysis of existing inter tions and review of provided data. 2.1.3 Optimization of signal timing. 2.1.4 Timing plan implementation. 2.1.5 Preparation of Project Benefits Report. 2.1.6 Attendance at meetings. See Exhibit A for additional information. 2.2 Deliverables are defined as the work product created or supplied by the Contractor pursuant to the terms of this Agreement.See Exhibit A for the details on the deliverables to be provided by the Contractor.All deliverables are to be provided by the dates listed in the schedule approved by City' and State's Project Manager. 2.3 The State's Project Manager and City's Project Manager have the authority to update and adjust all project schedules,when necessary at progress meetings within the terms of the Agreement.All deliverables will however be provided in final complete form specified in Exhibit A no later than May 1, 2007. Article 3 Items Provided and Completed by the State and City: 3.1 After authorizing the Contractor to begin work,the State and City will furnish any data or material in their possession relating to the project that may be of use to the Contractor in performing the work. Page 1 of 15 Mn/DOT Contract No.89842 3.2 All such data furnished to the Contractor,will remain the property of the State and/or City and will be promptly returned upon the State's and/or City's request or upon expiration or termination of this Agreement. 3.3 The Contractor will analyze all such data furnished by the State and City.If the Contractor finds any such data to be incorrect or incomplete,the Contractor will bring the facts to the attention of the State and/or City before proceeding with the part of the project affected.The State and/or City will investigate the matter,and if found that such data is incorrect or incomplete,promptly determine a method for furnishing corrected data.Delay in furnishing data will not be considered justification for an adjustment in compensation. 3.4 See Exhibit A for detailed listing of the State provided deliverables and responsibilities to be completed by the State and City. Article 4 Consideration of Payment: 4.1 Contractor will be paid on a Cost Plus Fixed Fee(profit)basis as folio 1.Direct Labor Costs: $29,137.12 2.Overhead Rate Costs: $30,547.35 3.Fixed Fee Costs: $ 7,162.13 4.Direct Expense Costs: $ 4,409.00 5. Subcontractor(s)Costs: Traffic Data Inc. $ 7,155.00 Total Contract Amount: $7 .60 4.2 The overhead rate of 104.84%of direct Sal Costs used on a provisional basis.Actual rate will be determined by Mn/DOT's Office udit an xc 155%. 4.3 See Exhibit B for Budget Details on Con an s su 4.4 Allowable direct costs include project spe cos isted in B.Any other direct costs not listed in Exhibit B must be approved,in writing,by Sta Projec anager prior to expenditure. 4.5 Contractor will be reimbursed for travel and sub nses in the same manner and in no greater amount than provided in the current"Minnesota of Transportation Travel Regulations". Contractor will not be reimbursed for travel and subs nce expenses incurred outside the State of Minneso as received prior written approval from State for such out of state travel. State of M' ered the home base for determining whether travel is"out of state". See 1 C for nilesota Department of Transportation Reimbursement Rates for Travel xpenses. City's total obligation ompensation and reimbursements to the Contractor will be 4 1%and will not exceed$32,148.33 0 ota1 contract amount of$78,410.60. The State's total obligati all compensation and reimbursements to Contractor will be 59%and I not exceed$46,262. the Total Contract Amount of$78,410.60. Article 5 Ter ment: 5.1 will use ormat set forth in Exhibit D when submitting Invoices. 5.2 Invo up documentation will reflect all project costs and will be split between City and State re es.Contractor will submit invoices to each the State and City for their respective costs. 5.3 Contracto ill submit the monthly progress report set forth in Exhibit E showing the progress of work accord' to the tasks listed in Article 2 Scope of Work. Article 6 Contractor's Authorized Agent and Project Team: 6.1 Contractor's Authorized Agent will be: Name,Title:Jeff Gerken,Principal Address: Albeck Gerken,Inc. 20041 Manderson Street,Suite A Elkhorn,NE 68022 Phone: (402)431-0126 Page 2 of 15 Mn/DOT Contract No.89842 Fax: (402)964-9823 E-Mail: jeMalbeckgerken.com If the Contractor's Authorized Agent'or Project Manager changes at any time during this Contract, Contractor will be responsible to follow conditions laid out within Article 16 of the General Terms. Article 7 State's Authorized Agent and Project Manager: 7.1 State's Authorized Agent will be: Name,Title:Jennifer Faricy,Consultant Administration Address: Minnesota Transportation Department Metropolitan Division 1500 West County Road B2 Roseville,MN 55113 Phone: (651)634-2108 Fax: (651)582-1669 E-Mail: Jennifer.Faricy@dot.state.mn.us State's Authorized Agent,or her successor,has the respon to monitor Contractor's performance and the authority to accept the services provided under If the services are satisfactory, State's Authorized Agent will certify acceptance on eac nvoic tted for payment. 7.2 State's Project Manager will be: Name,Title:Kevin Schwartz, Signal Opitmiation Engineer Address: Minnesota Transportation Department Metropolitan Division 1500 West County Road B2 Roseville,MN 551 Phone: (651)582-1278 Fax: (651)634-208 E-Mail: Kevin.Schw t.state.mn.us 7.3 City's Project Manager ill by { Name,Title:Randy Newton,Pro neer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Phone: (952)949-8339 E-Mail: rnewton0edenmaide.ora State's Project Manager,or his successor,has the responsibility to monitor Contractor's performance and progress. State's Project Manager will sign progress reports,review billing statements,make recommendations to State's Authorized Agent for acceptance of Contractor's goods or services and make recommendations to State's Authorized Agent for certification for payment of each Invoice submitted for ym a ent. P Article 8 Modification of the General Terms: 8.1 Delete Article 15.3 "Retainage"pursuant to Minnesota Statutes'Sections 16C.08,subdivision 5,which states that retainage paragraph does not apply to contracts for professional services as defined in Minnesota Statutes Sections 326.02 to 326.15. 8.2 Article 14.23 of the General Terms is modified as follows: The original of each invoice and progress report must be sent to the State's Consultant Services Section for review and payment. The original invoice must be sent to the Consultant Services Section at: Page 3 of 15 Mn/DOT Contract No.89842 Minnesota Department of Transportation Consultant Services,Mail Stop 680 395 John Ireland Boulevard St.Paul,MN 55155-1899 A copy of each invoice,support documentation and progress report must be sent to the State's Authorized Agent and the State's Project Manager for review and approval. Article 9 Additional Provisions: None. THE BALANCE OF THIS PAGE HAS BEEN INTE LEFT BLANK. A. Page 4 of 15 Mn/DOT Contract No.89842 i General Terms Article 10 Term of Contract 10.1 This Contract will be effective upon the date set in the Special Terms and will remain in effect until the Expiration Date set in the Special Terms,or until all obligations set forth in this Contract have been fulfilled to the satisfaction of State,or until terminated under Article 31,whichever event occurs first. 10.2 For delays encountered that are beyond Contractor's control,and upon written request from Contractor,State's Authorized Agent may extend the Work Completion Date,as set forth in the Special Terms of this Contract.The length of such time extension will be determined by State's Authorized Agent and will not exceed the Expiration Date of this Contract. 10.3 It will be Contractor's responsibility to notify State's Project Man ag r and State's Authorized Agent, in writing, if the project will not be completed as scheduled. State's .ect ager will have the authority to adjust the schedule,in writing,within the term of this Co Article 11 Governing Law,Jurisdiction and Venue 11.1 This Contract will be interpreted pursuant to Minnesota law.Any citation t or stat law incorporates the language of that law into this Contract as if fully set forth her ue all legal proceedings arising out of this Contract,or its breach,will be in the applicable s court with competent jurisdiction in Ramsey County,Minnesota. Article 12 Terms of General Terms 12.1 Any and all provisions of these General Terms ' emain in force unless they are specifically modified,in writing,by the Special Terms ct. 12.2 To the extent of any inconsistencies be the erms and these General Terms,the Special Terms will control.Minnesota law supe des any ial rms or General Terms set forth in this Contract. Article 13 Terms of Payment 13.1 Subject to the provisions of the Special and Ge ,all services performed and/or goods satisfactorily supplied by Contractor pursuant t ct will be paid by State. Compensation will be in accordance with the Special Terms,Artic e 4 Consideration of Payment. 13.2 If it a me that Contractor will exceed the Total Contract Amount stated in the Special T Contractor must notify State's Authorized Agent in writing in a timely ner.Con tr of be compensated for work performed in excess of the Total Contract Amount without a d fully executed,amendment to this Contract. Any work performed beyond that which is d for in this Contract without a prior written amendment signed by State, will be deemed volun d Contractor will not be entitled to compensation for the extra work. If Contractor claims an ctions,latent conditions or conditions exist that cause extra cost under is Contract,Contract st make a written notice for any extra cost incurred within 10 days after instruction or obs ce of conditions.Latent conditions are conditions not anticipated by the Terms of this ntract.Any claims made without a written notice will be refused and no c be valid ess so made.Any work performed under an amendment to this Contract that has r y approved and executed by the parties will be performed at Contractor's own risk. S orized Agent will have the sole authority to determine whether any claimed extra costs are nable under the circumstances and whether State will approve the extra costs. 13.4 State wi of pay overtime rates for any overtime work or services performed by Contractor or a subcon actor unless State's Authorized Agent has specifically requested Contractor to do so in writing.When specifically authorized by State's Authorized Agent,overtime premium pay will be reimbursed as a direct cost for the overtime portion of the hourly rate and is not eligible for overhead costs or profit. 13.5 Reimbursement for travel and subsistence expenses actually and necessarily incurred by Contractor as a result of performance of this Contract will not exceed the amount defined in the Special Terms. Contractor will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current"Minnesota Department of Transportation Travel Regulations."Contractor will not be reimbursed for travel and subsistence expenses incurred outside the state of Minnesota unless it has received prior written approval from State for such out of state Page 5 of 15 Mn/DOT Contract No.89842 travel.The state of Minnesota will be considered the home base for determining whether travel is"out of state." 13.6 The final payment due to Contractor will be based on actual acceptable costs as determined by an audit conducted by State.The audit will be conducted using the Cost Principles and Procedures set forth in the Federal Acquisition Regulations,48 Code of Federal Regulations Section 31,or as modified by state policies and procedures.Based upon final audit,the final payment to Contractor may exceed the Total Contract Amount without amending this Contract. Article 14 Procedure for Payment 14.1 Payments will be made by State within 30 days of Contractor's presentation of invoices and progress reports for services performed and the acceptance of such services by State's Authorized Agent as identified in Minnesota Statutes Section 16A.124. 14.2 Invoices for payment must be submitted by Contractor State's Authorized Agent in the form prescribed by State,Invoices must identify the co for the services performed and/or goods delivered for the billing period and must satisfy the re 'rements listed below: 14.2.1 Each invoice must contain the following info n:MOOT Contract Number,Mn/DOT Contract invoice number(sequentially number address if different from business address and Contractor's original signature attests the invoiced services and costs are new and that no previous charge for those servi ods has been included in any prior invoice. 14.2.2 Direct nonsalary costs allocable to the work under this C d de ed in the Special Terms of this Contract,must be itemized and supported with billing documents to show that such costs are properly allocable to the work.Direct ary costs are any costs that are not the salaried costs directly related to the work of Co ctor.Supporting documentation must be provided in a manner that corresponds o each direct cost. 14.2.3 The original of each invoice and progress report must be sent to State's Authorized'Agent for review and payment. 14.2.4 Contractor must provi n request of State's Authorized Agent,the following supporting documentation: 14.2.4.1 Dire costs of employees'time directly chargeable for the services pe er this Contract.This must include a payroll cost breakdown ide tif- i a of the employee,classification,ac , worked an en for each invoice period;and 14.2.4.2 Signed time sh oll cost breakdown for each employee listing dates and hours worked.C er generated printouts of labor costs for the project must contain the proje umber,each employee's name,hourly rate,regular and overtime hours,and the dollar amount charged to the project for each pay period. 14.3 If Contractor is authorized by State to use or uses any subcontractors,Contractor must include all the above supporting documentation in any subcontractor's contract and Contractor must make timely payments to its subcontractors. 14.4 Contractor must require subcontractors'invoices to follow the same form and contain the same information as set forth in this Article 14. Article 15 Conditions of Payment 15.1 All services and/or goods provided by Contractor pursuant to this Contract must be performed to the satisfaction of State,and in accordance with the following: 15.1.1 Applicable federal,state and local laws,ordinances,rules and regulations. 15.1.2 Applicable state standards,policies and practices. 15.2 Contractor will not receive payment for work determined by State's Authorized Agent to be unsatisfactory,or performed in violation of federal,state or local laws,ordinances,rules or regulations. 15.3 Retainage:Pursuant to Minnesota Statutes Section 16C.08,subdivision 5(b),as enacted,no more than 90 percent of the compensation due under this Contract may be paid until the final product(s)of this Contract have been reviewed by the head of the Minnesota Department of Transportation Page 6 of 15 Mn/DOT Contract No.89842 ("Mn/DOT").The balance due and owing will be paid at the time that the head of Mn/DOT determines that Contractor has satisfactorily fulfilled all the terms of this Contract. 15.4 All services and/or goods covered by progress payments made by State will become the sole property of State.This provision must not be construed as relieving Contractor from sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work or as waiving the right of State to require the fulfillment of all of the terms of this Contract. 15.5 Nothing in this Contract must be construed in any way to operate to relieve Contractor from its obligation to complete the services and/or deliver any goods described in this Contract for a sum not to exceed that set forth in the Special Terms. Article 16 Contractor's Key Personnel 16.1 Contractor's key personnel specified by name and title in al Terms will be considered essential to the work being performed. 16.2 If,for any reason,substitution of a key person become ecessary,Contractor must provide two weeks' advance written notification of the substitutio State's Authorized Agent.The written notification must include the proposed successor's n are a of his/her qualifications. State's Authorized Agent will have the right to reject t successor based upon reasonable grounds. Article 17 Assignment 17.1 Contractor may neither assign nor transfer any rights or obligatio this C tract without authorization from State's Authorized Agent and a fully executed as eement.The written authority will in no way relieve Contractor from the primary responsibi r performance of the services and/or delivery of the goods specified in this Contract. Article 18 Subcontracts 18.1 Contractor must require all sub ctor contracts to contain all appropriate terms and conditions of this Contract,including Articl 1, 13, 14, 16, 18 through 34 and 36,as they apply to the sub contractor.The use of sub ctors does not relieve Contractor from performing and delivering the work stated in this Con 18.2 State's Authorized Age Jew,and accept for compliance with the General and Special Term ct, 11 su for contracts exceeding$10,000.00 prior to the execution of any s act. Sta oriz d Agent has the authority to reject any subcontractor act that ly with and Special Terms of this Contract. 18 A copy of any and ntractor c cts must be sent to State's Authorized Agent after execution of the subc or contra and prior to work starting under the subcontractor contract. Articl dments,Change Orde erger and Waiver mendments to this C ct will be considered only for unforeseen work or services that were uded in the Scope ork of the Special Terms and that are considered essential to the work. itten claim m y Contractor for extra work or costs under this Contract that has been a by State' thorized Agent must be evidenced by an amendment to this Contract. Am a in writing and executed and approved by the same parties and officials who execut roved the original Contract,or their successors in office. Contractor must notify State's P Manager in writing if Contractor will be delayed in any way from completing the project er this Contract. 19.2 The wo to be done in connection with this Contract may be changed at the request of State,with the mutual concurrence of Contractor.Any change will be clearly and fully defined in writing,and approved by both parties. Change orders must be consistent with the basic purpose of this Contract and within the general Scope of Work identified in the Special Terms.Changes in the Total Contract Amount or Contract Expiration Date are not permitted in a change order. 19.3 This Contract,including all incorporated items,contains all negotiations and agreements between Contractor and State.No other understanding,whether written or oral,regarding this Contract,may be used to bind either party. 19.4 Failure of a party to enforce any provision of this Contract will not constitute,or be construed as,a waiver of such provision or of the right to enforce such provision. Page 7 of 15 Mn/DOT Contract No.89842 Article 20 Affirmative Action .20.1 For contracts in excess of$100,000.00,Contractor certifies that it is in compliance with Minnesota Statutes Section 363A.36. 20.2 Contractor certifies that it is an equal opportunity employer and complies with Title VI of the Civil Rights Act of 1964,and the President's Executive Order Number 11246 as amended by Executive Order Number 11375. Accordingly,49 Code of Federal Regulations Section 21 through Appendix C and 23 Code of Federal Regulations Section Part 200 will be applicable. 20.3 If Contractor has more than 40 full-time employees within the State of Minnesota on a single working day during the previous twelve months Contractor must comply with the following Affirmative Action requirements for disabled workers: 20.3.1 Contractor must not discriminate against any employee or a Iicant for employment because of physical or mental disability in regard to any position for ch mployee or applicant for employment is qualified.Contractor agrees to take affirm ion to employ,advance q P y, in employment and otherwise treat qualified disabled person discrimination based upon their physical or mental disability in all employment p , i as the following: Employment,upgrading,demotion or transfer,recruitment,adverb V ination, rates of pay or other forms of compensation and selection for training,apprenticeship. 20.3.2 Contractor will comply with the rules and relevant orders of the Minnesott of Human Rights issued pursuant to the Minnesota Human Rights Act. 20.3.3 In the event of Contractor's noncompliance with the requirements of this clause,actions for noncompliance may be taken in accord ay be taken in accordance with Minnesota Statutes Section 363A.36,and the ant orders of the Minnesota Department of Human Rights issued pursuant to a Minn uman Rights Act. 20.3.4 Contractor will post in conspic s places o e ployees and applicants for employment,notices in a form pres ed issioner of the Minnesota Department of Human Rights. not' s must ntractor's obligation under the law to take affirmative action to employ an vance ' employment qualified disabled employees and applicants for employ rights of applicants and employees. 20.3.5 Contractor must notify each labor unio entative of workers with which it has a collective bargaining agreement or other con act understanding,that Contractor is bound by + Minnesota Statutes Section 363A.36,or the Minnesota Human Rights Act and is e affirmative action to employ and advance in employment physically and menta persons. Article 21 pliance with Licenses, ts,and Other Regulations 1 Contractor must proc icenses,permits or other rights necessary to fulfill its obligations under this Contract in compy th all applicable federal and state laws. Article 22 A Inspections 22.1 oks,records, ments and accounting procedures and practices of Contractor relevant to this e subje examination by the State,Mn/DOT,and/or Legislative Auditors,as app or inimum of six years from the end of the project. 22.2 Duly a representatives of State(and the Federal Highway Administration,if federal funds are invol ave the right to inspect the work of Contractor under this Contract,during regular workin urs,whenever it is deemed necessary to do so. 22.3 Work ort Audits: 22.3.1 State may conduct work effort audits for the various work tasks described in the Special Terms.Audits will be randomly selected for completed work tasks.Audits will include work effort reviews and effort level analysis to determine the reasonableness of the hours charged. 22.3.2 Contractor must maintain work effort progress reports showing work tasks,hours worked on the task by the various personnel assigned to this work,and work effort performed by subcontractors assigned to the tasks.The progress report must be in the format as described in the Special Terms of this Contract. Page 8 of 15 Mn/DOT Contract No.89842 Article 23 Government Data Practices and Intellectual Property 23.1 Government Data Practices.Contractor and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapterl3,as it applies to all data provided by State under this Contract,and as it applies to all data created,collected,received, stored,used,maintained or disseminated by Contractor under this Contract.The civil remedies of Minnesota Statutes Section 13.08 apply to the release of the data referred to in this clause by either Contractor or the State. If Contractor receives a request to release the data referred to in this Clause,Contractor must immediately notify State. State will give Contractor instructions concerning the release of the data to the requesting party before the data is released. 23.2 Intellectual Property Rights. 23.2.1 Intellectual Property Rights of State. State owns ,title and interest in all of the intellectual property rights,including copyrigh ,patents,trade secrets,trademarks and service marks in the Works and Documents c ed and paid for under this Contract.Works means all inventions,improvements,discover heth r not patentable),databases, computer programs,reports,notes,studies,ph egatives,designs,drawings, specifications,materials,tapes and disks conceiv ced to practice,created or originated by Contractor,its employees,agents and subco er individually or jointly with others in the performance of this Contract.Wor incl cuments."Documents are the originals of any databases,computer programs,reports,n dies, tographs, negatives,designs,drawings,specifications,materials,tapes, p er materials, whether in tangible or electronic forms,prepared by Contracto , ployees,agents or subcontractors,in the performance of this Contract.The Docu is will be the exclusive property of State and Contractor must immediately return all s cli Documents to State upon completion or cancellation of this Contract.To the extent possible,those Works eligible for copyright protection un a United States Copyright Act will be deemed to be"works made for hire."Contra signs all right,title and interest it may have in the Works and the Documents to Sta C tractor must,at the request of State,execute all papers and perform all other acts nec o transfer or record State's ownership interest in the Works and Documents. 23.2.2 Intellectual Pr perry actor. Contractor retains title and interest in all of its standard details,plans,specifics engi eermg computation documents,("Previously Created Works and Documents") 'tten or electronic form,which have been incorporated into the Works and Documen t which were developed by Contractor independent of this Contract.Contractor issues t fate a royalty-free,nonexclusive,and irrevocable license to use the Previously Created Works and Documents. 23.2.3 Notification.Whenever contractor reasonably believes it,or its employees or subcontractors, has made an invention,improvement or discovery(whether or not patentable)in the performance of this Contract,and has or actually or constructively reduced it to practice Contractor will immediately give State's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 23.2.4 Representation. Contractor must perform all acts,and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of State,and that neither Contractor nor its employees,agents or subcontractors retain any interest in and to the Works and Documents.Contractor represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities.Contractor will indemnify;defend,to the extent permitted by the Attorney General;and hold harmless State,at Contractor's expense,from any action or claim brought against State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others.Contractor will be responsible for payment of any and all such claims,demands,obligations,liabilities,costs and damages,including but not limited to,attorney fees.If such a claim or action arises,or in Contractor's or State's opinion is likely to arise,Contractor must,at State's discretion,either procure for State the right or license to use the intellectual property rights at issue or replace Page 9 of 15 i Mn/DOT Contract No.89842 or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim.This remedy of State will be in addition to and not exclusive of other remedies provided by law. 23.2.5 State's Reuse of Works and Documents. If the Works and Documents created and paid for under this Contract are engineering plans and specifications requiring the certification of a licensed professional engineer,State acknowledges that such plans and specifications have been created solely for the specific project covered by this Contract and may not be suitable for reuse on other projects.Government Data Practices.The Minnesota Government Data Practices Act,Minnesota Statutes Chapterl3,applies to this Contract and all work performed under it.The act provides, inter alia,disclosure and non-disclosure requirements for all data provided to or by the State and civil remedies for failure to comply with the act. 23.3 The originals of reports,drawings,work sheets,plans,fi ,computations,and other project data must be relinquished to State: 23.3.1 Upon written notice of completion or terming of this Contract,or 23.3.2 Upon written notification by State,or 23.3.3 Upon final payment by State to Contractor for ct. Article 24 Liability 24.1 Contractor must indemnify,save and hold State,its age and ees harmless from any and all claims or causes of action,including attorney's fees incurred by S ing r a negligent or otherwise wrongful act,or omission in the performance of this Con tr for or Contractor's agents or employees.This clause will not be construed to bar any legal ies Contractor may have for State's failure to fulfill its obligations pursuant to this Contract. Article 25 Workers' Compensation 25.1 Any and all employees of Contractor,including its subcontractors,or other persons while engaged in the performance of any work or services required by Contractor under this Contract,will not be considered employees of State.Any and all claims that may arise under the Workers'Compensation Act of Minnesota on behalf of said employees,or other persons while so engaged,and any and all claims made by any third party as a consequence of any act or omission on the part of Contractor's emplo ] erson while so engaged on any of the work or services to be rendered,will in no w responsibility of State.Pursuant to Minnesota Statutes Section 176.182, eptable evi plane with Workers' Compensation insurance coverage requirements must be presented efore State may enter into a Contract with Contractor. Article urance A certificate of insuran each type of insurance required under this Contract must be filed with tate's Authorized Age 'thin 30 days of execution of this Contract and prior to commencement of work under this C act.Each policy must contain a 30-day notice of cancellation,nonrenewal rial change to named and additional insured. 26.2 must in in and furnish satisfactory evidence of the following insurance policies: 26. b means,of all data furnished to Contractor by State,and for partially completed hich State has made payment. 26.2.2 rs'Compensation Insurance: Contractor will provide Workers' Compensation urance for all Contractor employees and,in case any work is subcontracted,Contractor ill require the subcontractor to provide Workers'Compensation insurance in accordance with the statutory requirements of the state of Minnesota, including Coverage B,Employer's Liability,at limits not less than $100,000.00 bodily injury by disease per employee; $500,000.00 bodily injury by disease aggregate;and$100,000.00 bodily injury by accident. Evidence of subcontractor's insurance must be filed with Contractor. 26.2.3 Commercial General Liability: Contractor will maintain insurance protecting Contractor from claims for damages for bodily injury, including sickness or disease,death and for care and loss of services as well as from claims for property damage including loss of use which may arise from operations under this Contract whether such operations be by Contractor or by a subcontractor or by anyone directly or indirectly employed under this Contract.Unless Page 10 of 15 i Mn/DOT Contract No.89842 otherwise specified within this Contract,Contractor's insurance minimum amounts will be as follows: $1,000,000.00—per occurrence $2,000,000.00—annual aggregate In addition the following coverages should be included: g Bodily Injury and Property Damage Products and Completed Operations Liability Blanket Contractual Liability Name State as an Additional Insured 26.2.4 Commercial Automobile Liability:Contractor will maintain insurance protecting Contractor from claims for damages for bodily injury,including sickness or disease,death and for care and loss of services,as well as from claims for property d inc ng loss of use which may arise from operations under this Contract whether such ns be by Contractor or by a subcontractor or by anyone directly or indirectly emplo this Contract.Unless otherwise specified within this Contract,Contractor insuran amounts will be as follows: $1,000,000.00—per occurrence Combined Single limit for Bodil d operty Damage. In addition,the following coverages should be included: Owned,Hired and Non-owned Name State as an Additional Insured 26.2.5 Professional/Technical,Errors and O , and/or Miscellaneous Liability Insurance: Unless otherwise specified within Contractor insurance minimum amounts will be as follows: $1,000,000.00-per claim $2,000,000.00-annual a On request,Contractor must submit a cial st ment signed by a Certified Public Accountant,which provides evidence or has adequate assets to cover any deductible,which applies to this policy. will provide coverage for all claims Contractor will become legally obligated to in any actual or alleged negligent act,error,or omission related to Contr ssional services required under this Contract. 26.2.6 For work on property,Contractor must obtain Railroad Protective Liability Insurance in accordance OT Specification 1708.2(2000 Edition)or any subsequent changes or modification is specification. 2 . tractor must: Include legal ense fees in addition to its liability policy limits,with the exception of 26.25 ve;an 26. n" rance policies from an insurance company having an "AM BEST"rating of AVI 26.4 State res' es the right to immediately rescind this Contract if Contractor is not in compliance with the ins ance requirements and retains all rights to pursue any legal remedies against Contractor.All insurance policies must be open to inspection by State,and copies of policies must be submitted to State's Authorized Agent upon written request. Article 27 Deliverable Standards 27.1 State will have the authority to disapprove or reject services and/or goods that are defective. Contractor will be responsible for the accuracy of its work under this Contract and must make immediate,necessary revisions,repairs or corrections without compensation resulting from errors and omissions on the part of Contractor. Page 11 of 15 Mn/DOT Contract No.89842 Services and/or goods delivered under this Contract must be in accordance with applicable federal or state standards and/or specifications and must be of a quality that is satisfactory to State.Acceptance of the services and/or goods by State will not be considered a waiver of any provision of this Contract and will not relieve Contractor of the responsibility for subsequent correction of any such errors or omissions and the clarification of any ambiguities. In the event revisions,repairs or corrections to the deliverables must be made,Contractor must invoice State for any employee's time necessary to revise,repair or correct errors or omissions at a rate of zero dollars per hour for the number of hours necessary to perform the work. 27.2 The services and/or goods provided to State by Contractor must be of such quality that they are suitable for their intended purpose,which meets the design ments,provided for in the Special Terms. 27.3 Time is of the essence with respect to this Contract.In a event Contractor fails to perform its duties by the time fixed for the completion of the work, Stat ay elect to immediately terminate this Contract. 27.4 Neither party will be held responsible for delay or failu rm when such delay or failure is due to any of the following,unless the actor occurrence cou] een reasonably foreseen and reasonable action could have been taken to prevent the re:fire,flood,epidemic,strikes, wars,acts of God,unusually severe weather or delays o de au by public carvers,provided the defaulting party gives written notice as soon as possible to the of" inability to perform. Article 28 Printing,Paper Stock,and Ink Requirements 28.1 If this Contract results in reports or documents paid for by State,Con ctor must comply with Minnesota Statutes Sections 16B.121 and 1613.122,for the purchase of printing,paper stock and printing ink. Article 29 Publicity and Endorsements 29.1 Any publicity given to th ,publications or services provided resulting from this Contract, including,but not limit s,informational pamphlets,press releases,research,reports,signs and similar public notic s pre or for Contractor or its employees individually or jointly with others,or any subcontractors m e o as the sponsoring agency and must not be released without prior approval by the Comransportation,unless such release is a specific part of an approved work plan included inract. 29.2 Contractor must not claim that State ors its products or services. Article 30 Officials not to Benefit 30.1 Without prior written consent of State,Contractor must not employ any professional or technical personnel to provide services under this Contract who are or have been at any time during the time period of this Contract in the employ of State,except retired State employees,without written consent from State. 30.2 Contractor warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for Contractor,to solicit or secure this Contract,and that Contractor has not paid or agreed to pay any company or person,other than a bona fide employee working for Contractor,any fee,commissions,percentage,brokerage fee,gifts or any other consideration, contingent upon or resulting from the award of making of this Contract. Article 31 Termination 31.1 This Contract may be immediately terminated by State or the Commissioner of Administration,at any time,with or without cause,upon written notice to Contractor.In the event of such termination Contractor will be entitled to payment,determined on a pro n3ta basis,for services and/or goods satisfactorily performed or delivered. 31.2 In the event State cannot or does not obtain funding from the Minnesota Legislature,or funding cannot be continued at a level sufficient to allow for the purchasing of the services and/or goods contained herein,this Contract may be immediately terminated,at States option,by written notice of Page 12 of 15 Mn/DOT Contract No.89842 termination delivered in person,by mail or facsimile to Contractor at the address specified in this Contract.State will not be obligated to pay for any services and/or goods provided by Contractor after such notice of termination. Article 32 Errors and Omissions 32.1 Contractor will be responsible for the accuracy of the work and must promptly make necessary revisions or corrections resulting from Contractor's errors,omissions or negligent acts without additional compensation.Acceptance of the work by State will not relieve Contractor of the responsibility for subsequent correction of any errors or omissions or for clarification of any ambiguities. It is understood by the parties that State will rely on the pro al performance and ability of Contractor.Any examination by State or the Federal IE ministration,or any acceptance or use of the work product of Contractor,will not be cons' ered to be.a full and comprehensive examination and will not be considered an approval o e work product of Contractor which would relieve Contractor from any liability or expense that c e cororktto ed with Contractor's sole responsibility for the propriety and integrity of the pro be accomplished by Contractor pursuant to this Contract. 32.2 At any time during construction or any phase of work p orm ers based on data provided by Contractor,Contractor must confer with State when necessary for ose o 'nterpreting the information secured and/or to correct any error issions made r.Contractor must prepare any and all plans or data needed to ors or omissio out added compensation,even though Contractor alrea ceived final yment.Contractor must give immediate attention to these chang o there im :del y to the construction or other work as referenced. 32.3 If errors,omissions or negligent acts are e b ontract y phase of the work,the correction of which may require additional field or office k,Con ctor will be promptly notified by State and will be required to perform such addition y be necessary to correct these errors, omissions or negligent acts without undue del a out additional cost to State.If Contractor is aware of any errors,omissions or negligent acts ma a in any phase of the work,the corrections of whic y additional field or office work,Contractor must promptly perform such a be necessary to correct these errors,omissions or negligent acts without ue delay an dditional cost to State. 3 Contractor will be le for any damages incurred as a result of its errors,omissions or negligent acts and fo ss or cost to repair or remedy Contractor's errors,omissions or negligent acts. Acceptance of th by State will not relieve Contractor of the responsibility for subsequent correction of any such , omissions or negligent acts,or of liability for loss or damage resulting ere from. 3 tractor must respo State's notice of any errors or omissions within 24 hours and give ate attention ese corrections to minimize any delays to State.Notification will be by t followe Certified Mail. Contractor may be required to make.a field review of the pros ed in the Special Terms,if directed by State's Authorized Agent and Contractor may b o send personnel to the appropriate State district office as part of correcting any errors or sions. Article 33 .Quality Assn nce and Quality Control 33.1 Prior to approval and execution of this Contract,Contractor must have a Quality Assurance Quality Control(QA/QC)Plan.During the term of this Contract,Contractor must adhere to Contractor's QA/QC Plan,which was prepared by Contractor and accepted by State's Authorized Agent,for this Contract.Contractor's QA/QC Plan is incorporated into this Contract by reference.With each deliverable submitted to State pursuant to this Contract,Contractor must certify in writing to State's Authorized Agent that there was compliance with the QA/QC Plan. State may cancel this Contract for Contractor's failure to follow the QA/QC Plan for this Contract. Page 13 of 15 Mn/DOT Contract No.89842 Article 34 Disputes 34.1 State's Authorized Agent will be the initial interpreter of the requirements of this Contract and will judge the acceptability of the work hereunder. Claims,disputes and other matters relating to the acceptability of the work will be referred in writing to State's Authorized Agent,with a request for a formal decision to be rendered in writing within a reasonable time.Written notice of each such claim, dispute,or other matter must be delivered by Contractor to State's Authorized Agent within 15 working days of the occurrence of the event-giving rise to the claim,dispute or other matter.Written supporting data must be submitted to State's Authorized Agent within 45 days of each such occurrence,unless State's Authorized Agent allows an additional period of time to ascertain more accurate data. The rendering of a decision by State's Authorized Agent will be'a c tion cedent to Contractor's exercise of such rights and remedies as it may have under this Contra aw in respect to any claim,dispute or other matter. Article 35 Federal Clauses If Federal Funds are involved with this Contract,the following additional conditions 35.1 Federal reimbursement will be limited to the Federal share of costs which are allowa der the Federal cost principles contained in the Federal Acquisition Regulation,Contract Cost Principles and Procedures,48 Code of Federal Regulations Section 31. 35.2 Contractor warrants and represents that State Federal Highway Administration will have a royalty-free,nonexclusive and irrevocable 1' roduce,publish or otherwise use for federal, state or local government purposes,any ntable matter or copyrightable materials developed,or any rights of copyright to ich S ase ownership,under this Contract When applicable,the patent rights provi of Code o aI Regulations Section 27 will apply to this Contract regarding rights to inven s. Suc ovisions are incorporated by reference and must be incorporated in all subcontracts b 35.3 Federal Aid Contracts:Contractor acknowledges a by signing this Contract,it certifies to the best of its d belief- 3 appropriated funds have been paid or will be paid,by or on behalf of Contra person for influencing or attempting to influence an officer or employee of any Fed era ,a Member of Congress,an officer or employee of Congress or an employee of ber of Congress in connection with the awarding of any Federal Contract or the making, sion, continuation,renewal, amendment or modification of any Federal grant,loan,or native agreement. 5.3.2 That if any fun her than Federal appropriated funds have been paid or will be paid to any person for infl ing or attempting to influence an officer or employee of any Federal agency,a M er of Congress,an officer or employee of Congress or an employee of a ember o ngress in connection with this Federal contract,grant,loan or cooperative Contractor must complete and submit Standard Form-LLL, "Disclosure Form to obbying,"in accordance with its instructions. 35.3.3 is certification is a material representation of fact upon which reliance was placed en this transaction was made or entered. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 United States Code Section 1352. Any person who fails to file the required certification will be subject to a civil penalty. 35.3.4 That it must require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000.00 and that all such subcontractors must certify and disclose accordingly. 35.4 Contractor must comply with all applicable standards,orders or requirements issued under Section 306 of the Clean Air Act,42 United States Code Section 7606; Section 508 of the Clean Water Act, 33 United States Code Section 1368;Executive Order Number 11738,and all applicable regulations promulgated by the United States Environmental Protection Agency. Page 14 of 15 Mn/DOT Contract No.89842 Article 36 Data Disclosure 36.1 Contractor consents to disclosure of its social security number,federal employer tax identification number and/or Minnesota tax identification number to federal and state tax agencies and state personnel involved in the payment of state obligations.These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring Contractor to file state tax returns and pay delinquent state tax liabilities,if any.Minnesota Statutes Section 270.66. STATE ENCUMBRANCE VERIFICATION STATE AGENCY Individual certifies that funds have been encumbered as required by Minn.Stat.§F 16A.15 and 16C.05. By: Signed: (with delegated authority) g Title: Date: Date: CFMS Contract No.A- COMMISSIONER O INI TION CITY* As delegated to Material nt Division City certifies that the appropriate person(s) have executed-the Agreement on behalf of City as required by By: applicable articles,bylaws,resolutionss or ordinances. Date: By: Title: Date: By: Title: Date: CONTRACTOR The Contractor certifies that the appropriate person(s) have executed the Agreement on behalf of Contractor as required by applicable articles,bylaws,resolutions or ordinances. By: Title: Date: By: Title: Date: *INCLUDE COPY OF CITY COUNCIL RESOLUTION APPROVING THE AGREEMENT Page 15 of 15 Mn/DOT Contract No.89842 Exhibit A Scope of Work and Deliverables The Scope of Work described below is for the signal optimization of 29 intersections along Trunk Highway(TH)212 in Eden Prairie. The intersections are listed below. 1. TH 212 at Pioneer Trail 2. TH 212 at College View Drive 3. TH 212 at Anderson Lake Parkway 4. Anderson Lakes Pkwy at Columbine Road 5. TH 212 at Fountain Place 6. TH 212 at Prairie Center Drive 7. TH 212 at Regional Center Road 8. TH 212 at Smgletree Lane 9. TH 212 at Leona Road/Eden Road 10. TH 212 at I-494 S.Ramp/Technology Drive 11. TH 212 at I-494 N.Ramp 12. Valley View Road at TH 212 East Ramp 13. Valley View Road at TH 212 West Ramp/Bryant Lake Drive 14. Valley View Road at Market Place Drive 15. Valley View Road at I-494 East p 16. Valley View Road at I-494 West 17. Valley View Road at Plaza Drive ad 18. Valley View Road at Prairie Center ve ction. 19. Prairie Center Drive at TH 5 North p/PJ a , 20. Prairie Center Drive at TH 5 South echnolo ive North Junction 21. Prairie Center Drive at Technology Driv outh Junction _ 22. Technology Drive at Southwest Station 23. Prairie Center Drive at Singletree Lane 24. Prairie Center Drive at Preserve Blvd 25. Pra' rive at Prairie Lakes Drive 26. r.e Cen a at W.78"'Street 2 airie Center t I-494 North Ramp . ie Center Dri Viking Drive 29. Pr Center Drive alley View Rd East Junction Services in this of Wo will be conducted primarily by the Contractor's staff person who is located in the T ti etro Area and is available on short notice for field fine-tuning of the signal system at v s times of the day. The primary Contractor's staff person,who works on the SYNCHRO co uter files,will be the same person who does the field fine-tuning of the signal system. Minor review of the SYNCHRO computer files may be conducted outside of the State of Minnesota but within the United States. The Contractor will provide the following services and deliverables unless otherwise indicated: 1.0 Field Studies Description: Conduct travel time runs,intersection approach delay studies,and saturation flow studies. Data will be used to calibrate the SYNCHRO model and to provide data to document the effectiveness of the new timing plans. Page 1 of 5 Mn/DOT Contract No.89842 Exhibit A-Scope of Work and Deliverables Field studies will be conducted according to the methods described in the "Manual on Transportation Engineering Studies,ITE,2000",incorporated herein by reference. Data collection forms for travel times,intersection delay,and saturation flow studies are included in the appendix to above referenced manual. Subtasks: 1.1 Collect"before"and"after"travel time data for the existing signal systems. A total of 10 runs will be conducted during the AM peak period and 10 runs will be conducted during the PM peak period. Five of the 10 runs for each peak period will be conducted during the peak hour. Data will be collected at least two different days and will only be collected on Tuesdays,Wednesda r ursdays. The"after" travel time runs will be completed ten working days the final field adjustments have been made. 1.2 Conduct six"before"and"after"intersection del tudie lected cross street approaches. The studies will be conducted during a er the PM peak periods and each study will last for 30 minutes. The intersection approa d associated peak periods will be selected by the Project Team during the cours a oject. 1.3 Conduct ten saturation flow rate studies at selected approaches during er the AM or PM peak periods. The intersection approaches and associated pe eriods will be selected by the Project Team during the course of the project. This information will be used to calibrate the S O model,particularly at locations where the volume to capacity(v/c)ratio is appr 1. Task 1 Deliverables: • Field Studies/Coordination:Due 10/8 Before Delay Study: Due 10/1/08 • After Delay Study: Due: 12/24/06 • Saturation Flow Study:Due:9/17/06 2.0 Anal Intersections and Review of Provided Data Des Gather rom the State and City and additional data from field review. Prepare a CHRO model that accurately represents existing conditions or five tim nods:A.M.peak,A.M.off-peak,balanced flow,P.M.peak, P.M.o eak. Subtasks: 2.1 Review d provided by the State and City listed below: Inter ection layouts showing all geometry - Turning Movement Counts(6-9 AM, 1lAM-1PM,3-6 PM) - Current signal timing plans,including time-of-day and/or Traffic Responsive Plan(TRP)settings - System detector counts - Three years of crash history 2.2 Review in the field the existing operations during the AM and PM peak periods. Note distances of turning bays,lane configurations,speed limits,bus stops/signs of pedestrians,and any No Turn on Red signs. Page 2 of 5 Mn/DOT Contract No.89842 Exhibit A-Scope of Work and Deliverables 2.3 Prepare traffic flow charts using the Turning Movement Counts provided by the State and City. Develop the charts utilizing the Peak 15 minutes times four method and balance the counts between intersections for each time period to be analyzed. P Y 2.4 Prepare SYNCHRO files and SIMTRAFFIC model for existing conditions using P g g existing signal timing provided by the State and City. 2.5 Compare SYNCHRO and SIMTRAFFIC model results to field observations and calibrate the model as-necessary to accurately represent existing conditions. As part of this process,the saturation flow study locations will be selected by the project team and performed as described in Task 1 to help calibrate the model. 2.6 Prepare technical memorandum documenting the existing conditions analysis and operational problems that were observed and submit memorandum and SYNCHRO files to the State and City for review and approval. Task 2 Deliverables: • Review Exisiting Data,field operations and analysis,Due 9/17/06 • Existing Synchro Analysis,Due 10/1/06 3.0 Optimization of Signal Timing Description: Develop optimized timing plans for i e ds: A.M.peak,A.M.off- peak,balanced flow,P.M.peak,and P. -peak. Timing plans will be developed for each zone,but the plans be zones will be coordinated as much as possible. Subtasks: 3.1 Determine which si als should be coordinated together and develop optimized SYNCHRO ' ' g plans and SIMTRAFFIC model for five time periods using the follow' data p ed by the State and the City. - M' een s - Yellow 11-r es - Walk and es+ y 3.2 Analyze results fr CHR d SIMTRAFFIC and consider making cycle length,offset and spl ges to improve bandwidth and other measures of effectiveness. Adjust cr eet and left turn splits based on timing needs calculated from the Critical Lane A sis of the Highway Capacity Manual. Analyze the walk and flashing don't walk times in relation to cross street splits at intersections with a large number of pedestrians. 3.3 Analyze measures of effectiveness results and compare to existing conditions. 3.4 Prepare technical memorandum documenting the proposed timing plan analysis and submit memorandum and SYNCHRO files to the State and the City for review and approval. Task 3 Deliverables • Signal Optimization,Due 11/12/06 4.0 Timing Plan Implementation Description: Enter new timing plans into ARIES system,implement new timing plan,and field fine-tuning. Page 3 of 5 Mn/DOT Contract No.89842 Exhibit A-Scope of Work and Deliverables Subtasks: 4.1 Meet with the State's staff and assist in the transfer of the signal timing program data for download into the State's ARIES system. The State will assist the City with the transfer of the signal timing program data for the non-ARIES system signals. 4.2 Assist the State and the City staff in field review of traffic operations to verify that the timing plans are working correctly. It is assumed that each timing plan will be reviewed an average of three times in the field.(4 zones x 3 days x 9 hours= 108 hours) 4.3 Update the SYNCHRO files with the timing changes made in the field and submit to the State and City. 4.4 Provide support to the State for the preparation of a TRP b on system detector data. 4.5 Prepare a technical memorandum documenting the fi ming plans and summarizing the offset and split changes made d bservations. Task 4 Deliverables: • Timing PIan implementation,Due 12/10/06 5.0 Project Benefits Report Description: Prepare a report documenting the results of the project. Subtasks: 5.1 Document the measures of eff i sults of the final timing plans and compare to existing conditions. 5.2 Develop a Cost/Benefit Analysis e th e of effectiveness results. 5.3 Determine potential geometric and ing char s for improved operations. 5.4 Develop draft report and present to State and the City. 5.5 Modify draft report based on the State City's comments and submit final report. Task 5 De • ject Bene ort,Due 1/14/07 6.0 ee Description: are for a attend meetings with the State and City staff during the project. Subtasks: 6.1 Meet wit the State and the City to discuss project timeline and data collection tasks. 6.2 Meet with the State and the City to review existing conditions SYNCHRO files and technical memorandum(Task 2.0 deliverable) 6.3 Meet with State and the City to review optimized SYNCHRO files and technical memorandum(Task 3.0 deliverable). Task 6 Deliverables: • Data Collection meeting,Due 8/17/06 • Exisiting conditions Meeting,Due 10/6/06 • Signal Timing Meeting,Due 11/13/06 Page 4 of 5 r I Mn/DOT Contract No.89842 Exhibit A-Scope of Work and Deliverables 7.0 State Provided Deliverables The State will provide the following deliverables at the beginning of the project unless otherwise indicated: 7.1 Manual turning movement counts(6-9 AM, 11AM-1PM,3-6 PM)for any uncounted intersections. 7.2 Traffic Signal and interconnect plans for the entire project ea- 7.3 Transportation during field reviews listed in subtask 4. 7.4 Intersection layouts showing all geometry 7.5 Current signal timing plans,including time-of-da settings 7.6 System detector counts 7.7 Three years of crash history 7.8 Minimum green times 7.9 Yellow and All-red times 7.10 Walk and Flashing Don't Walk times 7.11 Assist the City with the transfer of the signal timing program data for the non- ARIES system signals. The remainder of t tentionally left blank Page 5 of 5 Mn/DOT Contract No.89842 Exhibit B,Budget Details WORK TASK DESCRIPTION PRINCiPAiJ SR SIGNAL TRAFFICTOTALS PE SUPERVISOR ENGINEER 1.0 REVIEW 2000 TBI EXTERNAL MODEL 1.1 Collect before and after travel time data.Travel time run will be performed on two routes:TH 212 0 10 10 and the Prairie cetner drlve/Valley View Rod(ring road). Before Study(to be completed within four weeks of notice to proceed): Travel Time Runs-10 during 2 hour AM period(4 in peak hour),10 during the PM period(4 in peak hour). After Study(will be conducted a minimum of five working days after the final field adjustments have been made): Travel Time Runs-10 during 2 hour AM period(4 in peak hour),10 during the PM period(4 in peak hour). All travel time data will be collected on at least two different days. Data will only be collected on Tuesdays,Wednesdays,or Thursdays. Travel Time Runs-10 during 2 hour AM periond(4 in peak hour),10 during the PM periond(4 in peak hour). All Travel timedata will be colllected on at least two Idifferent days. Data will only be collected on Tuesdays,Wednesdays,or Thursdays 1.2 Conduct"before"and"after"Intersection delay studies. Before Study(to be completed within four weeks of notice to proceed): 0 24 0 24 Intersection Delay Study-30 minutes at 6 locations during the 2 hour AM period and 30 minutes at 6 locations during the PM period. After Study(will be conducted a minimum of five working days after the final field adjustments have been made): Intersection Delay Study-30 minutes at 6 locations during the 2 hour AM period and 30 minutes at 6 locations during the PM period. The Intersections will be selected by the Project Team during the course of the project. 1.3 Conduct saturation flow rate studies. 0 5 0 5 Before Calibration Study(no after study) Saturation Flow Study-30 minutes a 6 locations during the 2 hour AM period and 30 minutes at 6 locations during the 2 hour PM period. This Information will be used to calibrate the Synchro model,particularly at locations where the v/c ratio is approaching 1 during the peak hour d 2.0 EXISTING CONDIONS ANALYSIS 2.1 Review data provided by State and City including:Intersection 0 16 0 16 layouts showing all geometry,current signal timing plans,including time-of-day and/or TRP settings,system detector counts,controller types by location,Aries daily operation reports,three years of crash history,aerial photos Prepare data and methodology report and expanded digital data files. 2.2 Field review the existing operations during the AM and PM peak periods with 0 16 0 16 State and City staff. 2.3 Prepare a traffic data work sheet to assemble traffic count data(Peak 15 minutes 0 32 0 32 times 4)for each time period to be analyzed. The worksheet will show changes made to obtain volume balancing. Page 1 of 5 Mn/DOT Contract No.89842 Exhibit B,Budget Details WORK TASK DESCRIPTION PRINCIPAU SR SIGNAL TRAFFIC TOTALS PE SUPERVISOR ENGINEER 2•4 Modify the Synchro files created in the previous traffic study to be used for existing 0 60 26 86 conditions using existing AM Peak,Off Peak,and PM Peak signal timing provided by State.Submit to State and City for review and approval. 2.5 Compare Synchro model results to actual travel time runs and calibrate the model 0 32 14 46 as necessary to accurately represent existing conditions.The saturation flow studies will be used to help calibrate the model. 2.6 Prepare a technical memorandum documenting the existing conditions analysis and 4 20 0 24 operational problems that were observed,and recommending potential geometric 24 and phasing changes r , 3.0 SIGNAL TIMING OPTIMIZATION 3.1 Develop 5 primary optimized signal timing plans In Synchro using data provided by 10 40 30 80 State and City such as minimum green times,yellow and allred times,walk and flashing don't walk times.Plans are assumed to be Semi- Bidirectional AM pre/post peak,Single Directional AM peak,Bidirectional off peak average,Semi-Bidirectional PM pre/post peak,and Single-Directional PM peak. 3.2 Analyze results from Synchro and make fine tuning cycle length and offset changes to Improve 0 52 0 52 bandwidth,lower the volume to capacity ratio,lower intersection delay,and improve intersection level of service.Check splits to make sure Synchro provides enough time to each phase.Analyze cross street splits to see how pedestrian calls will be handled and consider making modifications to pedestrian times as determined by State and City staff. 3.3 Document measures of effectiveness results and compare to existing conditions 0 25 0 25 3.4 Develop SimTraffic models for visual inspection. - 0 20 10 30 3.5 Prepare a Technical Memorandum documenting the proposed timing plans and submit to State 4 16 0 20 and City for review. 3.6 Modi timing plans based on State and Ci comments 0 18 0 18 4.0 TIMING PLAN IMPLEMENTATION 4.1 Provide Signal Timing Program Data to Mn/DOT In Econolite Aries Format for downloading Into the Mn/DOT's and the City of Eden Prairie's Aries Systems 4.2 Assist State and City staff In field review of traffic operations to verify that the timing plans are working correctly.Recommend changes to splits and offsets for Mn/DOT Implementation.It Is assumed that each timing plan for each of the four zones will be reviewed an average of three times in the field.4 Zones x 3 days x 9 hours= 108 hours Page 2 of 5 Mn/DOT Contract No. 89842 Exhibit B,Budget Details WORK TASK DESCRIPTION PRINCIPAL/SR SIGNAL TRAFFIC TOTALS PE SUPERVISOR ENGINEER 4.3 Provide support to State and City for the preparation of a traffic responsive plan(TRP)based on system detector data. t , that are im lemented 4.4 Prepare a Technical Memorandum documet the final t��, tans � D�� � �j 5.0 PROJECT BENEFITS REPORT 5.1 Submit Table of Contents(outline)for the report to State and City for review and approval.The 5 8 0 13 report will cover the whole corridor,but the results will be tabulated separately for TH 212,Valley View road and Prairie Center Drive.Document the measures of effectiveness of the final timing plans andcompare them to existing conditions. 5.2 Develop a cost/benefit analysis based on the measure of effectiveness results. 4 10 0 14 5.3 Based on the results of the existing and final conditions analysis,the report will contain general 8 8 0 18 recommendations for any favorable geometric changes. 5.4 Modify a draft report and present to State and City 7 8 0 15 5.5 Modify the draft based on State aand City comments and submit final report 2 6.0 MEETINGS 6.1 Meet with State and City to discuss project timeline and data collection tasks 5 5 0 10 6.2 Meet with State and City to review existing condition,Synchro files and technical 0 5 0 5 memorandum(Task 2.0 deliverable). 6.3 Meet with State and City to review optimized Synchro files and technical memorandum(Task 3. 5 5 0 10 deliverable). Page 3 of 5 Mn/DOT Contract No.89842 Exhibit B,Budget Details WORK TASK DESCRIPTION PRINCIPAL/SR SIGNAL TRAFFIC TOTALS PE SUPERVISOR ENGINEER TOTAL PERSON HOURS 56 592 80 728 AVERAGE HOURLY PAYROLL RATES $50.48 $40.87 $26.44 LABOR $2,826.88 $24,195.04 $2,116.20 $29,137.12 OVERHEAD COST 104.84% $30,647.35 LABOR AND OVERHEAD $69,684.48 FIXED FEE 12% $7,162.13 DIRECT NON-SALARY EXPENSES Fine tuning and Signal Operations Mileage(State will supply transportation during field review 3200 $0.445 $1,424.00 In 4.2) Miscellaneous Supplies 0.00 Travel and Lodging $$50 50 Printing and Graphics 2,200 0.0.0 TOTAL DIRECT NON SALARY EXPENSES $285.0$4,409.00 Sub Consultant for Data Collection(Traffic Data,Inc.) $7,155.00 . Page 4 of 5 Mn/DOT Contract No. 89842 Exhibit B,Budget Details Subcontractor Traffic Data Inc Function Quanity Cost Total Before Study(to be completed with four weeks of notice to proceed):Travel Time Run-10 during 2 hour am period(5 in peak hour), 10 during 2 hour pm period(5 in peak hour). 10 during 2 hour pm period(5 in peak hour) 20 $105.00 $2,100.00 Intersection Delay Study-30 minutes at 6 location during 2 hour A.M.period and 20 minutes at 6 locations during 2 hour P.M.period 12 $70.00 $840.00 Saturation Flow Study-30 minutes at 6 locations during 2 hour A.M.period 12 $70.00 $840.00 Attend Kick Off Meeting 1 $435.00 $435.00 After Study(to be completed within four weeks of notice to proceed): Travel Time Run-10 during 2 hour A.M.period(5 in peak hour), 10 during 2 hour pm period(5 in peak hour) 20 105 $2,100.00 Intersection Delay Study-30 minutes at 6 ocations during 2 hour A.M.period 12 $70.00 $840.00 Data will be delivered in electronic format approved by State and City Total Subcontractor Cost $7,155.00 Page 5 of 5 i Mn/DOT Agreement No. 89842 Exhibit C "Travel Regulations" Minnesota Department of Transportation Reimbursement Rates for Travel Expenses Subiect Conditions/Mileage Rate Personal Car (1) Current IRS Rate Commercial Aircraft (2) Actual Cost Personal Aircraft (1) $0.45/mile Rental Car (2) Actual Cost Taxi (3) Actual Cost Meals Breakfast (1) (5) $7.00/person Lunch (1) (5) $9.00/person Dinner (1) (5) $15.00/person Lod in Motel,Hotel,etc. (2) (4)(6) Actual Cost law Laundry/Dry Cleaning (1)(3) $16.00/week (After seven continuous days in Travel Status) Telephone,Personal (1) $3.00/day Travel Status -More than 35 mil om Home tion and/or stay overnight at commercial lodging(motel,etc.). -Leave home ' tatus be am. for breakfast expense that day. -In travel status after ,f that day. -On travel status and/or an 35 miles from Home Station for lunch expense that day. Restrictions (1) A maximum rate shown or a le to per actual reimbursement to an employee. (2) Include receipt or copy of recei when invoicing. (Coach class for aircraft,standard car size,and standard room(not to exceed$100.00)). (3) Include receipt or copy of receipt when more than$10.00. (4) Reasonable for area of a stay. (5) The gratuity is included in maximum cost. (6) To be in Travel Status and at a commercial lodging. Page 1 of 1 Rev.2/01 i Mn/DOT Agreement No. 89842 i Exhibit D-Invoice To: Consultant Services Section Estimated Completion: % Minnesota Department of Transportation (from Column 6 Progress Report) Transportation Building,Mail Stop 680 395 John Ireland Boulevard Period Ending: St.Paul,MN 55155 Invoice Date: To: City of Eden Prairie Copy: Kevin Schwartz,Mn/DOT Project Manager Randy Newton,City of Eden Prairie Project Manager Jennifer Faricy,Consultant Contract Administrator INVOICE NO. Re: Project Description:Eden Prairie Area Signal Optimization Project Contract Expiration Date:June 1,2007 State Project Number.N/A Total Total Amount Billed Contract jo illing Previously This Amount Date Billed Invoice 1.Direct Salary Costs: $29,13 (See Exhibit B for breakdown) 2.Overhead Costs:mate=104.84% $30 5 (Direct Salaries*Overhead Rate) ' 3.Fixed Fee(Profit): $7 162.13 (Fixed Fee=S*percent complete) ' 4.OthNr er Direct Costs: IqEML $4,409.00 (Attach support documentation) 5. Subcontractor Costs: $7,155.00 (Attach support documentation) Net Earnings Totals: $78,410.60 Total Amount Due This Invoice: State 59%share due: City of Eden Prairie 41%share due: I certify that the above statement is correct and Activity Total Amount NIne payment has not been received. Code Billing to Previously Date Billed Signature: 1512 Total* Print Name- *Must Match Net Earnings Totals Above Title: For State Use Only Billing Address:Albeck Gerken,Inc. 20041 Manderson St, Suite A Elkhorn,NE 68022 Telephone: (402)431-0126 Recommended for Payment Approved for Payment: Project Manager Agreement Administrator Date Page 1 of 1 Mn/DOT Contract No.89842 To: Mn/DOT Consultant Services Section Exhibit E City of Eden Prairie From: Albeck Gerkin Inc. Copy: Kevin Schwartz,State's Project Manager Jennifer Faricy,Consultant Contract Administrator Randy Newton,City of Eden Prairie Traffic Engineer Contract Expiration Date: June 1,2007 Billing Period: From to Project Description.: Eden Prairie Area Signal Optimization Project SP Number:N/A TH Number:212 Pro ress Report to be indicative of overall ro'ect- iinclua0hu ntractor costs and direct ex enses Task Specific Overall ProjeSdr ,,. %of %Work ° Weight% Budgeted Total of /° Total Work �. = D /ollar Billed This °° Task Description Completed Completed Wor E Budget Billed Budget Contract This Completed This Com lete or,OH, Period To Date Used P � Period to Date period to Date Fee Column 1 Contract 3 4 Column 2x3 Column 2x4 Sontract 9 10 Column 10/8 2 5 6 11 Field Studies 13 6.81 Existing Conditions Analysis 25 , 92.11 Signal Timing Optimization 27 $21,317.87 Timing Plan Implementation 19 $14,390.03 Project Benefits Report 9 $7,234.20 Meeting 7 $5,699.58 TOTALS: . $78,410.60 Fiscal Spending Plan FY'07$4 7 FY '0 4fpy 109$ Note: Balance of contract value encpmbered in al fiscal year of contract term. I certify that the above statement is co Approv nd recommended for payment Approved and recommended for payment: Contractor's Project Manager Date Project Manager Date State's Project Manager Date Budgeted Hours Used for task exceeds 100%,attach explanation. This payment Progress Report.must be submitted,within five working days after receipt,by State Project Manager for payment execution. Page 1 of 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 15,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5642 ITEM NO.: VII. F. Mary Krause Approve Professional Services Public Works/Engineering Agreement with SEH for the construction stage services of the Hilltop Road Improvement Project. Requested Action Move to: Approve Professional Services Agreement with SEH for the construction stage services of the Hilltop Road Improvement Project. Synopsis The contract for Hilltop Road improvements was awarded by Council on July 18, 2006 to Three Rivers Construction Company in the amount of$591,483.39. The construction of this project is scheduled to begin shortly. Background Information Hilltop Road Improvements include the installation of public sanitary sewer,watermain, storm sewer as well as concrete curb and gutter and bituminous streets. Financial Implications The Agreement with SEH is in the amount of$79, 038.00 and includes construction stage services for the Hilltop Road Improvement Project. Attachments • Professional Services Agreement STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the 15t' day of August, 2006, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliott Hendrickson Inc. (SE I a Minnesota consulting firm (hereinafter "Consultant") whose business address is 10901 Red Circle Drive, Suite 200, Minnetonka, MN,55343. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for providing Construction Phase Services for the Reconstruction of Hilltop Road hereinafter referred to as the"Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit"A" (Project Proposal Letter dated August 2,2006)in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within a mutually agreeable time schedule. 3. Compensation for Services. City agrees to pay the Consultant on a hourly basis plus expenses in an amount not-to-exceed$ 79.038.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in additional compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, 1 i and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may require in the preparation of the Work. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City,on a monthly basis, itemized bills for professional services performed. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Suspended Work. If any worts performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Stafffng. The Consultant has designated Paul J. Pasko III. PE and Carter A. Schulze. PE to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Paul J. Pasko III. PE or Carter A. Schulze. PE,from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind.. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this 2 i Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from August 15,2006 through June 30, 2007 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7)days'written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 12. Subconsultant. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subconsultant involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subconsultant. If the Consultant fails within that time to pay the subconsultant any undisputed amount for which the Consultant has received payment by the City,the Consultant shall pay interest to the subconsultant on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subconsultant. A subconsultant who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin,sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,without the written consent of the other party. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 3 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law,such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement negotiations supersedes all oral agreements and between the parties relating to the subject matter P 9 ntl in effect between the part ies relating to the hereof as well as any previous agreements presently p g subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs,judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subconsultants in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No.21.A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable,which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota,a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or 4 i organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions,for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement("Information") shall become the property of the City. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Goveming Law. This Agreement shall be controlled by the laws of the State of Minnesota. 27. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 28. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 30. Whole Agreement. This Agreement constitutes the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Consultant. Any subsequent modifications must be in writing signed by both parties. 5 i i i Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Short Elliott Hendrickson Inc. (SEH) By: Its: PAAE\E\Edenp\060100\1 Genl\10-PDS\Standard Agt-E P Prof Services 080206.130C 6 I i J SEH s EXHIBIT A August 2,2006 RE: City of Eden Prairie Reconstruction of Hilltop Road Construction Phase Services SEH No.A-EDENP0601.00 10.00 Alan Gray,P.E. City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Dear Alan: We respectfully submit for your consideration our proposal for construction phase services for the referenced project.For your convenience we subdivide this proposal into sections titled Understanding of Work,Assumptions,Scope of Work,and Proposed Fee. Understanding of Work 1) Stake, inspect, and administer the improvements shown in the construction documents dated 6/6/06 for the referenced project. 2) The City may: a) alter the horizontal.and vertical alignment of the storm sewer between storm utility structures 100 and 112 shown on plan sheets 5 and 6 of 14. Assumptions 1) City staff.will secure all rights of entry and temporary and permanent easements for the referenced project. . Scope of Work' The following items are included in our scope of work. 1) At this time, item 2a listed in the Understanding of Work section is still under consideration by the City. Accordingly, this proposal only includes time to stake, inspect, and administer.:the improvements as they are shown in the construction documents dated 6/6106 for the referenced project. 2) Implement part time inspection whenever possible. Proposed Fee We enclose with this letter proposal a Task Hour Budget(THB)dated 8/2/06.Please notice that the THB is subdivided into construction periods based on the contractor's schedule.The THB reports that our not- to-exceed fee is$79,038.This fee includes both labor and reimbursable expenses. Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka,MN 55343-9301 SEH is an equal opportunity employer I www.sehinc.com 1 952.912.2600 1 800.734.6757 1 952,912.2601 fax Alan Gray,P.E. August 2,2006 i Page 2 Billing for our services will be on a hourly basis.We will only proceed with additional work following your authorization. We look forward to providing the City with construction phase services for this project.If you have any questions,please contact me at 952.912.2611 or ppaskoQsehinc.com. Sincerely, SHORT ELLIOTT HENDRICKSON INC. f �" Paul ask III,P.E. Project Manager Accepted this day of ,2006 By the City of Eden Prairie Nancy Tyra-Lukens,Mayor Scott Neal,City Manager dka Enclosure c: Al Horge,SEH p'\acNeWenp\060100\1gen1U0-pds*%osW 080206.dac TASK HOUR BUDGET S EH CITY OF EDEN PRAIRIE RECONSTRUCTION OF HILLTOP ROAD CONSTRUCTION PHASE SERVICES August 2,2006 ESTIMATED HOURS VEY F.S DAAT1W COST SERVICE PROJECT PROJECT PROJECr SURVEY CRE1Y HNEIU'RUMENT ADMINIECH PROJECT TASKS MANAGER MANAGER ENGINEER ENGINEER CHIEF OPERATOR 2 Employee Nertla�{Hlde How)Dotlot typelnInforma0on It H.ta: P m IN 9tbulae Beth s1ma..et XMA Isconnoaed to the columns under Input hours , u: 11.1.11 Preconsavc6on-July 6 to Jul Z 1,2006(2 weeks) 2 4 Summer Constmction Period-July 24 to November 1, 1.1.2 2006(13 weeks) 5 15 26 10 Clean Up Period-November 1 to December 1,2006(4 1.13 weeks) 2 8 4 Find Completion Period(Field)-May 1 to June 30, 1.1.4 12007(8 weeks) 1 8 6 SubtatalIlours »= 5 20 46 20 Subtotal Zabor Cest , :m $812 $2 616 $4 416 $1572 $9 416 2 ., ._` ..-,. Gpns&uchoilbarvs ti6n' R) he7.7TT. ._ . r 1.2.1 11reconstruction-July 6 to July 21,2006(2 weeks) 8 Summer Construction Period-July 24 to November 1, 1.2.2 2006(13 weeks) 318 Clean Up Period-November I to December 1,2006(4 1.2.3 weeks) 60 Final Completion Period(Field)-May I to June 30, 1.2.4 2007(8 weeks) 63 Su4totamoifi Sutitota�Labor Cost $42,24b , $42,296 13 GDnslrucima Stakurg . . ... .. =777 1.3.1 Preconstnrction-Jul 6 to Jul 21,2006(2 weeks) Summer Construction Period-July 24 to November 1, 1.3.2 2006(13 weeks) 140 140 Clean Up Period-November 1 to December 1,2006(4 1.3.3 weeks) Final Completion Period(Field)-May I to June 30, L3.4 2007(8 weeks) n Subtotal HOIIFE SubtotalLabor Cost = ,; 1'40 140 $13 356 $8 652 $22 00& Suptotat;ttrmmary. s 20 � � '46 4491; `144 i140 20 0-COS1 •""; -SubtghilSt}mmary `,. &i29b, -$13YSG8,b52 $1,672„ $7671R SUMMARY 1.0 Project Administration. Subtotal Hours 5 20 46 449 140 140 20 920 Subtotal Labor Cost $81150 $2,616.00 $4,416.00 $42,295.80 $13 56.00 $8 652.00 $1,572.00 $73,719.30 Subtotal Ex Buses $4,140.74 Subtotal $77,860 04 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: ST9,038.00 PME1ElEtlerrygE0100tt OenA1 O-POSYTN88708.,dsjHoura•Cosla Page t of t CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 15, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VII.G. Robert A. Lambert,Director Riley Creek Nature Trail Bids Parks and Recreation Requested Action Move to: Approve the bid from TrailSource LLC in the amount of$35,945 for construction of the Riley Creek Nature Trail. Synopsis In 2005,the City of Eden Prairie retained Brauer and Associates, LTD to develop master plans for the Edenbrook, Riley Creek and Lower Purgatory Creek Conservation Areas.The plan was adopted by the City Council in December of 2005. Money has been budgeted for Phase I portions of each of these Conservation Area plans with construction taking place in 2006. Staff has utilized Brauer and Associates to prepare plans and specifications for Phase I of the Riley Creek Nature Trail.Bid packages were prepared and three quotes were received for construction of this nature trail.The bids are as follows: Company Base Bid Alternates Base Plus Alternate TrailSource $30,595 $5,350 $35,945 Arborgate Horticultural $36,925 $2,750 $39,675 Trail Design Specialists $73,850 $7,575 $81,425 The plans and specifications for this project were for the construction of approximately 10,550 linear feet of 48"wide nature trail as well scarifying and removal existing non-authorized trails within the property. The consultant's estimate for this particular phase of the project was $42,000. Staff recommendation is to award the bid to TrailSource,LLC in the amount of$30,595 base bid plus alternates of$5,350 for a total of$35,945. The alternate bids are based on quantities and this amount may adjust slightly depending on how many of the alternates are needed to complete the project. The Parks,Recreation and Natural Resources Commission unanimously approved this project at their August 7, 2006 meeting. Background The plan is to construction the Phase I trail portion of the Riley Creek Conservation Area Nature Trail in the current year.The plans and specifications dictate that the trail would start at the Riley Creek Nature Trail Bids August 15, 2006 Page 2 parking lot off Canopy Trail which is designated as the trailhead parking and provide a loop trail through the Riley Creek Woods segment. In addition the trail would follow Riley Creek south and east and be tied into the neighborhood trail located on Cedarcrest Drive.This would enable users to move between the two neighborhoods along a nature trail as well as the initial exploration trail into the Riley Creek big woods area.Additional phases that will yet be bid out for the Riley Creek woods area are for installation of two bridges enabling the trail to cross Riley Creek in two locations as well as the development of a interpretative signage program to inform visitors to the area of the trees various plants and fortis that are unique and interesting within that ecosystem. There is$140,000 earmarked for the Phase I trail construction for work being done in 2006. These moneys are set aside in the Capital Improvement Plan and is anticipated that based on the current bids that the remainder of project will come in at or slightly below the projected total cost of$140,000 for this phase. Attachment Ma of Nature Trail— p Phase I ry ��s ���e��w���a rig �`x� asp ��` � � . q� 'x a•,, r �, a f P a _ � f i � � i nrr.�ra �,�sr i �� v �� �� w` 4 �}� �,-�.. ��' fi 4,,. !/��i"�',��fN `wa' - r * ;� •� W�3?,1 .a X tn.ui,, %b)"` ,r.4 w•.. j �9a*a}t"M' 1 10 ' i S�1's,T"�t tt� _'*t i I�I3??; �� �•4 '� r,." "�'" "� a � s i.rR4Jf�'1`DP.SURICittIN nNC)RCtQUlRI{MIiN78 SC'h71?MIIN7' y,. '� 2. RM MOO ).UVR�hI,4U'7' il.i.ArourPLANTSUP.PrPC a 5'ss.3 tR!PKCAU98.ING1LMM . C;aN7kAC1UR WALL C1ti RESPONSIBLE FOR MAKING FRQVISFUNS I'UR CAOSSINO'nui CRVHK WIIPAR"Itwo 4 WIC„t, w— # a ". BE rRaVIDRa AT A LAUtt DATE_ cs CPHTRUCTIONAC4YSS:NCr.0 CONSTRat"CCUN ACCESS is4IMJIV°nTOT119ACCFSSPOINIS � s!lawN aNrIIP rLn4 d NnlvR¢IRnIL ESTIMATED ays.RnI,I;LINEAL FEET nr•`rRnIL 10550 TesIX �U (FINAL FINAL rAYM4114TTOTNC CONTRnCIUR SIIUL � # w nr BASED aNncwtcnl.Rrxal MEASURE CIF ��5 C)s,"AA1 i 1 F.i3i,':'I'. E�TEX CpNs`I7CaCIRD rnnll,J CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 15, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VII.H. Robert A.Lambert,Director Edenbrook Trailhead and Parking Lot Parks and Recreation Project Bids Requested Action Move to: Recommend that the City Council approve the bid from Quiring Construction in the amount of$159,838.98 and alternates not to exceed$9,400, for construction of the Edenbrook trailhead and parking lot in Edenbrook Conservation Area. Synopsis In 2005,the City of Eden Prairie retained Brauer and Associates, LTD to develop master plans for the Edenbrook,Riley Creek and Lower Purgatory Creek Conservation Areas. The plan was adopted by the City Council in December of 2005. Money has been budgeted for Phase I portions of each of these Conservation Area plans with construction taking place in Fall of 2006. Staff has utilized Brauer and Associates to prepare plans and specifications for Phase I of the Edenbrook Conservation Area. Bid packages were prepared and eight bids were received for construction of this trailhead and parking lot area.The bids are as follows: Company Base Bid Alternates Sunram Construction $181,213 $11,855 Quiring Construction $159,838.98 $9,400 Barber Construction $202,726 $11,400 Midwest Asphalt, Inc. $174,961 $14,300 Bituminous Roadways $178,990 $9,600 Odessa II $163,025 $10,520 DMJ Construction $173,551 $9,235 AB Environmental $173,156 $11,400 The plans and specifications for this project are for the construction of a parking lot, as well as a looped,paved walking trail to serve as a trailhead location for the Edenbrook Conservation Area. The site that was selected is on the east side of Dell Road in the vicinity of Avon Court. The work includes a driveway entrance and parking area for nine vehicles. In addition, a gazebo, landscaping and site furnishings are included. The consultants estimate for this particular project phase was $175,000;however,there is a second phase of this project which involves development of the nature trails and boardwalks within the Edenbrook Conservation Area proper.Bids for that project will be accepted later in August. Staff recommends awarding the bid to Quiring Construction in the amount of$159,838.98 as well as the two alternates.The first alternate bid is for paving an additional 300 square yards of trail for$5,400. The second alternate is to import and place topsoil to restore the area after Edenbrook Trailhead and Parking Lot Project Bids August 15, 2006 Page 2 grading at a cost not to exceed$4,000. This brings the bid total to $169,238.98 which is below the consultants estimate. Funding for this project is from cash park fees. The Parks,Recreation and Natural Resources Commission unanimously approved this project at their August 7, 2006 meeting. Background The plan is to construct the trailhead parking area portion of the Edenbrook Conservation Area this fall. In addition,plans and specifications will be bid out shortly for the nature trail connections to the residential area to the north and east of the Conservation Area as outlined in Phase I of the nature trail plan.The parking lot area will serve as an area for residents living outside of the immediate area to be able to park their vehicles and access the Edenbrook Conservation Area for walking activities. The project includes grading of the area, as well as landscaping and restoration of an area that once was a gravel pit.It is anticipated that the majority of the work will be completed before winter;however,the final lift on the roadway and parking lot will not be complete until Spring of 2007. There is $250,000 earmarked for Phase I trail construction in 2006, including the parking lot and trailhead.These monies are set aside in the Capital Improvement Plan and staff anticipates that based on current bid pricing that the next portion of the project will allow us to come in at the projected total cost of$250,000 for Phase I development. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 15, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.I. Office of City Manager Resolution Approving Appointment of Election Kathleen Porta, City Clerk Judges for the 2006 Primary and General Election Requested Action Adopt the resolution approving the appointment of election judges for the Primary Election, September 12, 2006, and General Election,November 7, 2006. Synopsis State Statute 20413.21, 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,NIINNESOTA RESOLUTION NO. 2006- WHEREAS, Minnesota Election Law 204B.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 or alternate judges and are appointed for the Primary Election to be held September 12, 2006, and/or the General Election to be held November 7, 2006. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Daniel Carlos Abraira Karen Carl Margaret Jill Kamphoff Donald Affolter John R.Carlson Fitzsimmons J.Robert Kelly Dale A.Alberts Joma Christenson Marilyn Flavin Kathryn Kinghorn John Alfinito James G.Clark Richard G.Ford Karen Kirchoff Karen Amell Fay E.Clark Dianne Frantz Barbara Kistle Londa Amundson Betty Clark Ruth Garsf Grace E.Kleven Betty J.Anderson Carrie Claus Sharon Gates Doreen Kloth David C.Anderson Barbara Clinton June Gilbert Dolores Krause Sharon L.Anderson Nancy Conboy Gordon E.Gilbert Mark Krueger Kenneth Anderson Joyce Conley Carol Gjersvik Marianne Kubin Janelle Anderson Marge Connors Kristine Goldman Bonnie Veverka Kuch Elizabeth C. Pete Connors Roberta Gorman Jodeen LaFrenz Anderson Connie Conradi Carl A.Grande Judi Laurence Karen Andrs Leon Corpuz Maureen Groth Ruth Lawless Nancy J.Autio Arnold Court John Hansen Marilyn Legler Judith Bartolett Joyce Crosby Matthew D.Hansen Herbert J.Legler Bernadine Beauvais Craig Curtis Kermit P.Hansen Nancy Lenhart Gerry Beckmann Sonja Dahlager Feiona Hansen Gayle Levi- John R.Beckwith Jayne Dakay Russell W.Hanson McLouden Kenneth E.Berg Jane Daly June L.Hanson Mary J.Liermann Floyd Berntsen Robin Dawe Katherine Hanson James Linak Michael S.Biermaier Susan Dezenski Donald F.Hanson Nancy C.Little Louise Blackard Mike Diede Karin M.Harris Susan Locher Lester Boatman Lorraine Dilling Marcy Harris Marjorie Loomis John H.Bode John Dollerschell Glenda Hawkins William Rex Lowe Janet M.Boland Gretchen Dorr Susan Hedberg Geneva L.MacMillan Nancy Bollweg Helen Doyle Jacqueline Heinrich Vicki A.Maddy Stacey Bozanich John Duffy Robert Higgins Betty Lou Malmerd Karla Bratrud Lois Duvick Rosemarie Hilk Georgia Majerus Kathryn Brenner Gary Eckhardt Karen Hollingsworth John E.Mallo Diana Britt Cheryl Edwards Charlotte Hood Lydia Martinson C.George Budke Wanda Eggebrecht Arlene Howden Duane Mattheis Lori Burkhardt Jane Eide Ismail A.Ismail Jessica McCandless Joyce Byers Ying Elliott Tracy L.Johnson Mary McKelvey Dorothy Caba Loretta M.Ellison Gordon L.Justus Judith McKloskey Eileen Canakes Carol E.Ellison Janice Kadiesky Marilyn J.Meese Rodney Cantin Calvin Engelstad Donald Kallenbach Lois A.Meissner Francis Merriman Greg Olson Agnes Schrupp Warren Joseph Tyner Cynthia Mertz Jackie Ostenson Herbert Schultz Randi Usher Andrew Meuwissen Jane Ostergaard Donna Schwob Jo M.Van Remortel Chuck Millberg Ruth Otis Glenna Shold June Vavreck Kathleen Millberg Beverly Ottum David P.Shold Karen K.Vickman James W.Miller Vicki Pellar-Price Sandra Shumate Frank Vinella Therese A.Miller Dean A.Pelton Gladys Simenson Irene Vinella Dorothy Monson John Peters Patrick Slator Mary Vogel Clarence Monson Geraldine J.Peterson Gloria W.Smith Mark Voorhees Robert N.Morshare Lang A.Piumbroeck Lisa Smith Baker Carol Wach Bernadine Moser Cheryl Poling Brad R.Starr Evelyn Wagner Anthony Moser Kay Pralle Carol Steehler Lauren Weaver Lois Ann Munson Susan L.Pratt Thomas Stein Mary Westrem Mary Sue Murray Richard Proops V.Bruce Stenswick Jean Wiklund Joyce Myhre Norma Raitch Douglas Stewart Eugenia T.Williams Donald A.Nelson Jim Rannow Susan Stewart Margaret Williamson Caroline Nelson Bernard J.Renk Paul Sundell JoAnne M.Wilson Mary Ness Dawn Rischmiller Richard A.Swanson James Wilson Paul A.Nierman John Roschen Bob Swearengin Jack Winslow Mary Nierman Kyle Rose Marilyn M.Switzer Mary Jane Wissner Victoria E.Nipper Dona Rowland Eleanor M.Taggatz Basil Wissner Katherine Nomura Dy-anna Ruggles Nancy J.Thompson Marie C.Wittenberg Richard A.Nondorf Joan Rumford Gerald Thompson Jane Wittich Becky Nordquist Rosa Rummel Jane Thompson Norma Wuttke Karen Norman Laverne Schleicher Jacqueline Tornoe Barbara Ziemer Sue Oftelie Gordon Schleicher Julie Toskey Kathie Zimmerley Joan O'Leary George W.Schneider Kristin Traughber Alan K.Olson Nora Schroeder Pamela Tyner ADOPTED by the Eden Prairie City Council on this 15th day of August 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 15,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.J. Stuart A.Fox,Manager of Award Bid for Compact Utility Loader and Parks and Natural Resources Attachments Requested Action Move to: Award bid for Compact Utility Loader and attachments to Scharber and Sons in the amount of $36,707.64. Synopsis The compact utility loader is an additional piece of park maintenance equipment that was approved in the 2006 Capitol Improvement Plan.There was $40,000 budgeted for a loader and attachments in the 2006 CIP. A compact utility loader is multipurpose piece of equipment that has the ability to move dirt with a bucket or utilize several specialized attachments.The loaders small size and weight is designed for use in tight spaces such as flower beds,playgrounds, on decorative plaza areas and median islands.It can also do pipeline installation and repair excavations of the Park Department's irrigation systems. Specifications for the Compact Utility Loader along with trencher,backhoe, universal auger head and vibratory plow attachments were written and sent to interested bidders. Below is a summary of the quotes received for the loader. Quote Summary for Compact Utility Loader Base Bid Loader Loader (Loader with Ground Working Horse Ground Bidder attachments Clearance length power Speed Warranty Name and taxes) Minimum Maximum Minimum Minimum Loader Delivery 3mph foward/ 5.0" 72" 20hp 3m h reverse 1 year 30 da s Scharber & Sons $36,707.64 5.8" 62"' 23hp 3.7/.37 1 year 8 days Lano Equipment $30,975.23 4.5" 93.4" 18hp 1 3.5/1.5 1 year 30 days NOTE: The loader model bid by Lano Equipment did not meet the minimum loader specifications. Recommendation Staff recommends that the contract for the Compact Utility Loader and attachments be awarded to Scharber and Sons in the amount of$36,707.64. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 15, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.K. Fire, Chief George Esbensen Agreement to purchase Crash Truck from Airport Fire Department Requested Action Move to: Approve the agreement to purchase for$1.00 one Airport Crash rescue truck from the Minneapolis Airport Fire Department. Synopsis The agreement outlines the terms and conditions for the purchase of a used Crash Rescue truck and all necessary training for the safe operation of the truck. Background Information The Eden Prairie Fire Department covers emergency response as the closest fire department to Flying Cloud Airport. The vehicle being purchased has specific features which allow for a more complete and effective response to crashes and fires on the Flying Cloud Airport property involving aircraft. Attachments Agreement MEMORANDUM OF AGREEMENT ON FIRE TRUCK TRANSFER BETWEEN THE METROPOLITAN AIRPORTS COMMISSION AND THE CITY OF EDEN PRAIRIE This Memorandum of Agreement ("MOA") is made by and between the Metropolitan Airports Commission ("MAC"), 6040 2e Avenue South, Minneapolis, Minnesota 55450 and the City of Eden Prairie ("City") 8080 Mitchell Road, Eden Prairie, MN 55344. WHEREAS, MAC has a 1986 Oshkosh 1500 Airport Rescue Fire Fighting Vehicle ("ARFFV"), identified as Crash #12 or MAC identification number 616-373, and associated equipment with the ARFFV ('Equipment"), identified in attached Exhibit A, that is considered to be surplus MAC property with no foreseeable use within MAC operations;and, WHEREAS, the City has expressed an interest in receiving the ARFFV from MAC, because of its interest to respond more efficiently to emergencies occurring at the Flying Cloud Airport located in the City; and, WHEREAS, Minn. Stat. §471.64 allows political subdivisions of the state to contract with other political subdivisions for the purchase, sale or dispose of equipment, supplies and materials; and, WHEREAS, MAC is willing to sell, and the City is willing to buy the ARFFV. NOW, THEREFORE, in consideration of the mutual agreements and covenants in this MOA,the parties agree as follows: 1. For one dollar ($1.00)and such other good and valuable consideration, MAC will sell the ARFFV and the Equipment to the City. 2. By the date of delivery of the ARFFV and Equipment, MAC will deliver a Bill of Sale, in a form reasonably satisfactory to the City, conveying the ARFFV and Equipment to the City free and clear of all encumbrances, including liens of any kind. 3. MAC will provide to the City any and all manuals and/or documentation regarding the ARFFV and Equipment, including but not limited to, the MAC FD Driver's Training Manual, any Operator's Manual and Parts Manual. MAC is only required to provide manuals and/or documentation that is in MAC's possession. i 4. The City agrees to accept the ARFFV and Equipment in an "AS-IS" condition j with no warranties, both express and implied, or guarantees by MAC regarding the condition or further use of the ARFFV or Equipment. MAC will deliver the i ARFFV and Equipment in working order, but with no guarantee that the ARFFV I and Equipment will stay in working order beyond the date of delivery. On delivery, the City will assume all responsibility for maintaining, repairing and operating the ARFFV and Equipment. i Memorandum of Agreement on Fire Truck Transfer Between MAC and Eden Prairie-Page 1 of 4 The AS-IS condition include 's the wear and tear of MAC's previous ous use of the ARFFV and Equipment, and any changes made by MAC to the original condition of the ARFFV and Equipment. 5. The City is free to perform any inspection or testing of the ARFFV and Equipment prior to delivery, so long as the ARFFV and Equipment are returned to a same or similar condition as prior to the testing. 6. The City covenants and agrees to indemnify and hold harmless MAC, MAC's employees and MAC's Commissioners from any and all fines, suits, claims, demands and actions of any kind and nature which arise due to the City's operation, use or possession of the ARFFV and/or Equipment. MAC agrees that the City may elect to retain mutual counsel in any defense of a fine, suit,claim, demand or action regarding the ARFFV and/or Equipment. This provision shall survive any termination of this MOA. 7. MAC agrees to conduct two (2)training sessions with the City's Fire Department personnel in a"train the trainer"format regarding the operation of the ARFFV and Equipment. Each training session shall contain a maximum of four (4) persons selected by the City and shall be no longer than four(4) hours per session. MAC agrees to provide one 1 training session during regular business hours and one ( ) 9 9 9 (1) training session during the evening hours. Specific hours and dates will be mutually agreed upon. 8. MAC agrees to have MAC's mechanics for the ARFFV meet and discuss the operation, maintenance and repair of the ARFFV with the City's designated personnel. 9. MAC and the City agreed to determine a suitable delivery date for the ARFFV and Equipment pment with such date to be no later than August 11 2006. [The space below has been intentionally left blank.] i i Memorandum of Agreement on Fire Truck Transfer Between MAC and Eden Prairie-Page 2 of 4 i The parties agree, intend to be bound and execute this Agreement in duplicate on the dates indicated below. Dated: , 2006 METROPOLITAN AIRPORTS COMMISSION By: Its: Dated: , 2006 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lutkens, Mayor By: Scott Neal, City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this day of 2006, by the of the Metropolitan Airports Commission. Notary Public STATE OF MINNESOTA } ) ss. COUNTY OF This instrument was acknowledged before me this day of , 2006, by Nancy Tyra-Lukens and Scott Neal, the mayor and City Manager, respectfully of the City of Eden Prairie. Notary Public Memorandum of Agreement on Fire Truck Transfer Between MAC and Eden Prairie-Page 3 of 4 EXHIBIT A Equipment Associated with the ARFFV 1. 200 gallons of AFFF 3% 2. 250lbs of halon 1211 (1/2 full)&one spare nitrogen cylinder 3. One 5"supply hose 4. One 6'pike pole 5. One12'pike pole 6. One little giant ladder 7. One 20'extension ladder 8. One pick head axe g. One crash axe 10. One penetrating nozzle for halon system fi Memorandum of Agreement on Fire Truck Transfer Between MAC and Eden Prairie-Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 15,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.L. Public Works/Engineering Approve Temporary Right-of-Entry and Al Gray Utility Easement Agreements with MAC Requested Action Move to: Approve Temporary Right-of-Entry and Utility Easement Agreement with MAC Synopsis The Hilltop Road Street Improvement requires an Agreement with MAC to construct a storm sewer crossing MAC property between Hilltop Road and Riley Creek. Attachments • Utility Easement Agreement • Storm Sewer Installation Agreement i Draft 8-10-06 RECORDING INFORMATION ABOVE UTILITY EASEMENT AGREEMENT ON FORMER HUSTAD PROPERTY at the FLYING CLOUD AIRPORT This Easement is granted this day of ,2006,by the Metropolitan Airports Commission,a public corporation under the laws of the State of Minnesota, ("Grantor"),to the City of Eden Prairie,Minnesota,a Minnesota municipal corporation(the "Grantee"),in accordance with the conditions herein described. (1) Recitals. WHEREAS, Grantor is the owner of certain tracts of land located in the City of Eden Prairie,County of Hennepin, State of Minnesota,west of Eden Prairie Road,in the vicinity of the Flying Cloud Airport("Grantor's Property"),graphically shown in the attached Exhibit A; WHEREAS, Grantee has proposed improvements to an existing residential area on Hilltop Road,in the City of Eden Prairie,County of Hennepin, State of Minnesota,adjacent to Grantor's Property, graphically shown on the attached Exhibit A; WHEREAS, Grantee has requested, and Grantor has agreed,to grant an easement over and across portions of the Grantor's Property for the ownership and maintenance of a storm sewer utility(the"Easement'). The Easement is-legally described and graphically shown on Exhibit B attached hereto; WHEREAS, Grantor has issued a Temporary Right of Entry to the Grantee for the installation of the utility within the Easement; WHEREAS,the Grantor has determined that the authorized uses under this Easement would not interfere with the Airport operations; NOW,THEREFORE,for and in consideration of Nine Thousand, Seven Hundred Seventy-nine Dollars and Forty-six cents $9 779.4 and for other good and valuable consideration,the receipt of which is hereby acknowledged,Grantor hereby grants and conveys this non-exclusive Easement to the Grantee for the purposes of performing required maintenance for the storm water utility and storm water pond. The requirements and conditions for the granting this Easement are stated herein. i I (2)Easement. (a) Grantor hereby issues to the Grantee this Easement allowing the Grantee,and its employees,agents,and contractors,the non-exclusive right of entry upon a certain portion of the Grantor's Property for ownership and maintenance of a storm sewer pipe all on the terms and conditions hereinafter set forth. (b) The portion of the Airport Property over which the permanent easement lies is described on Exhibit A and graphically shown on Exhibits B and C. The Easement is 50-feet wide,approximately 365 feet long,and contains 18,253.55 square feet,or 0.419 acres. The storm water pond was constructed prior to the Grantor owning the property, and for which the City has ownership through an existing plat. (c) The reimbursement to Grantor for the permanent easement is calculated using an appraisal done by Grantor for the former Hustad property in February 2004. At that time,taking into account the airport restrictions and proposed use as open land with restricted park usage,the estimated value was $22,000 per acre. This number,when increased by 3%for each of two years, becomes$23,340 per acre. Therefore,the fair market value for the permanent easement is 0.419 acres times$23,340 per acre,or$9,779.46; (d) The Grantee also assumes expanded pond maintenance responsibilities to ensure the pond does not become an attractant to waterfowl. These responsibilities include,but are not limited to,minimizing the amount of open water,planting and maintaining emergent grasses within open water areas,establishing riprap around open water areas. It is understood between the parties that no pond modifications are required as of the execution of this easement. Should waterfowl problems arise,by notification of the Grantor to Grantee,the parties shall agree on the appropriate measures to be taken at that time by Grantee. (e) This Easement is subject to Federal Aviation Administration(FAA)approval for release of the property from aviation uses. This Easement is granted prior to receiving FAA approval to allow for grading and construction to begin as requested by the Grantee. Grantee hereby understands that if the FAA ultimately denies the land release for the easement area,the utilities must be abandoned,in place or removed,as required by the FAA. (3) Conditions of the Easement. (a)-All co§ts assocated with the.Grantee's work shall:be borne.by the Grantee.-It shall be the Grantee's responsibility to complete maintenance work at no cost to Grantor. No mining of Grantor's Property will be allowed. (b) The Grantee agrees to notify Grantor at least twenty-four(24)hours prior to entering Grantor's property for any work within the Easement. Notification shall be made to the MAC Flying Cloud Air port Manager. y g rp anag . In an emergency, Grantee shall have immediate access and shall notify MAC personnel as soon as possible. I I (c) Grantee agrees to correct any erosion and remove debris,waste or nuisance condition created by Grantee, its employees,agents and contractors in the exercise of its easement rights herein granted. d ( ) Grantee is not allowed to store equipment or materials within the Easement at any time,except while maintenance is being performed. (e)The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors,administrators,successors and assigns of Grantor and Grantee. (f) The Grantor's Property,including the portion of it legally described on Exhibit B, shall at all times be subject to regulations and restrictions imposed by the Federal Aviation Administration(FAA)including height of structures or other objects that might interfere with safe operations at the Flying Cloud Airport and Grantor may require the removal or modification of any above ground object or structure upon the Grantor's Property whether permanent or temporary, if Grantor believes that said object or structure violates applicable FAA regulations or interferes with the safe operation of the Flying Cloud Airport. (4)Insurance and Indemnification. Grantee and any transferee shall: a)maintain liability and other insurance coverages in types and amounts customarily carried by cities of same size in Minnesota, and b)indemnify,hold harmless and defend the Grantor(Metropolitan Airports Commission),its officers,directors, agents,and employees,from any claims,losses,costs, expenses,or damages resulting from the acts or omissions of Grantee's officers,agents, employees,contractors or subcontractors arising from Grantee's exercise of its rights and performance of its obligations under the Easement. (5) Compliance with Laws. (a) The Grantee shall comply with all laws,ordinances,rules and regulations of the federal, state,regional and local governments entities,and departments or divisions thereof,that are applicable to the exercise of its rights under this Easement. (6) Height. (a) The Grantee expressly agrees for itself, its successors and assigns to restrict the height of structures and other objects placed by Grantee on the herein described easement area to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation,Part 77. Further,the Grantee agrees that no lights will be permitted or installed by Grantee on the easement area,including construction flood lights,without prior approval from the Grantor and the FAA,to verify that lighting will have no detrimental effect on control tower operations or otherwise affect night operations. I ' (7) Flight Of Aircraft. (a) The Grantee expressly agrees for itself,its successors and assigns to prevent any use of the herein-described easement area by Grantee's employees and/or contractors which would interfere with or be a hazard to the flight of aircraft over the property or to and from the Airport or interfere with air navigation and communication facilities presently or in the future serving the Airport (b) Use of the easement area hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. (8) MAC Right Of Entrv. Grantor shall at all.times and through its agents and employees or contractors have a right of entry upon the lands under this Easement, as may be necessary in the development,maintenance,operation of Grantor's property. i IN WITNESS WHEREOF,the parties of this Agreement have hereunto set their hands on the dates written below: METROPOLITAN AIRPORTS COMMISSION By: Its: Date: State of Minnesota County of This instrument was acknowledged before me on ,2005 by ,the of the Metropolitan Airports Commission,a public corporation of the State of Minnesota Notary Public CITY OF EDEN PRAIRIE By: Its: Date: State of Minnesota County of This instrument was acknowledged before me on ,2005 by of the City of Eden Prairie,a Minnesota municipal corporation of the State of Minnesota Notary Public is FLYING CLOUD p a;° AIRPORTtopp- OG.gra° ENL RG ° ^^«,, Al: e Y. GJ� C>. r CORRIDOR 4 � 91 . REQU S. STO M t4WIl1� INST TI AND EASEME _ �. 'EXIST t' CITY P D Q ...._..... H AD PROPS- o •Oq� ,- ; s Q. Q 0 0 - —r t 10 Draft 8-8-06 TEMPORARY RIGHT OF ENTRY FOR CONSTRUCTION AND RESTORATION PURPOSES (HILLTOP ROAD STORM SEWER INSTALLATION) This right of entry is granted this day of ,2006,by the Metropolitan Airports Commission,a public corporation under the laws of the State of Minnesota, ("Grantor"),to the City of Eden Prairie,Minnesota,a Minnesota municipal corporation ("Grantee"),in accordance with the conditions herein described. (1) Recitals WHEREAS, Grantor is the owner and operator of the Flying Cloud Airport("Airport Property"); WHEREAS, Grantor is the owner of property in the runway approach formerly owned by the Hustad Corporation; WHEREAS, Grantee is the owner of an existing storm water pond on the former Hustad property; WHERAS, Grantee proposes to upgrade the storm sewer system in an adjacent neighborhood and connect the city street(Hilltop Road)storm sewer system to the existing pond; . WHEREAS, in order for Grantee to construct the various improvements,it is necessary to construct a section of storm sewer pipe within a portion Grantor's Property; WHEREAS, Grantee has requested an easement for the permanent pipe location,but in the interest of allowing early construction,has also requested a temporary right of entry onto Grantor's property; WHEREAS,the area of permanent easement and right of entry is described on Exhibit A and graphically shown on Exhibits B and C attached hereto(the Temporary Right of Entry Area"); WHEREAS, Grantee has agreed to pay fair market value for the permanent easement and mamtam the existing storm Water-pond to be non attractant-to waterfowl;- WHEREAS,the Grantor has determined that the authorized uses under this Temporary Right of Entry would not interfere with the Airport operations; NOW,THEREFORE,in consideration of the receipt of reimbursement described in Section 2,mutual covenants contained herein and other good and valuable consideration,this temporary right of entry is granted to the Grantee for the purposes of allowing the construction to occur. The requirements and conditions for the granting of the right of entry are stated herein. 1 " (2)Right of Entry. (a) Grantor hereby issues to the Grantee this right of entry allowing the Grantee,and its employees,agents, and contractors,the temporary right of entry upon a certain portion of the Airport Property to perform grading,install storm sewer pipe,and complete turf reestablishment within the Right of Entry Area all on the terms and conditions hereinafter set forth. (b) The portion of the Airport Property over which this right of entry is granted is described on Exhibit A and graphically shown on Exhibits B and C. The Right of Entry Area contains approximately 46,876 square feet or 1.076 acres. (c) This Right of Entry is granted at no cost with the concurrent execution of a permanent easement for the storm pipe,for which Grantor will receive fair market value along with the Grantee assuming additional maintenance responsibility for the existing pond to keep it free from waterfowl use,which may be a hazard to air navigation. Those maintenance responsibilities are defined in the easement agreement. (d) This Right of Entry is granted for no other purpose than performing construction activities including,but not limited to,surveying,staking, operation of construction equipment for grading work, storm sewer pipe installation,and restoration of all disturbed areas. Installation of other utilities of any kind on this property is prohibited. (e) The right of entry shall expire on 52007. (3) Conditions of the Right of Entry (a) The granting of this right of entry shall not transfer to the Grantee any ownership interest in Grantor's Property. (b) All costs associated with the Grantee's project,including but not limited to engineering,design,permitting,construction, erosion control,restoration,warranty, and maintenance costs,shall be borne by the Grantee. (c) Material used to replace soils excavated from Grantor's property,if not the actual material removed, shall be of the same type,gradation and content. In no case shall contaminated material of any kind be used for embankment. The finished embankment slope -- --. -- - ---- shall not exceed a 31 (horizontal--vertical)grade.-- - A Grantor reserves the right to review and approve construction plans for any work to occur within the Temporary Right of Entry area- (e)The rights,conditions and provisions of this right of entry shall inure to the benefit of and be binding upon the heirs, executors,administrators,successors and assigns of the herein- described real property for which this right of entry is being provided. 2 (f) The Grantee expressly agrees for itself, its successors and assigns to prevent any use of the herein-described real.property which would interfere with or be a hazard to the flight of aircraft over the property or to and from the Airport or interfere with air navigation and communication facilities presently or in the future serving the Airport. Use of Airport Property hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations.and state zoning requirements. This includes construction and maintenance equipment and the use of temporary construction cranes. (g) Grantor shall at all times and through its agents and employees or contractors have a right of entry upon the lands under this Temporary Right of Entry,as may be necessary in the development,maintenance,or operation of the Airport. (4) Indemnification (a) Grantee agrees to indemnify,hold harmless and defend Grantor,its officers, g directors agents, employees, Y and em to ,from an claims,losses,costs,expenses,or damages resulting from the acts or omissions of their officers, agents,employees,contractors or subcontractors arising from Grantee's rights and responsibilities under this Agreement. (b) Grantee shall be responsible for and shall indemnify,defend and-hold harmless the Grantor against any environmental costs associated with,the Airport Property,which arise out of or were caused by Grantee's actions,inactions,or activities related to the Airport Property during the term of this Right of Entry,including but not limited to liabilities,fines,damages,injuries, response costs or claims and attorney fees. (c) These grants of indemnity shall survive the termination of this Temporary Right of Entry. The remainder of this page intentionally left blank. 3 i IN WITNESS WHEREOF,the parties of this Agreement have hereunto set their hands on the dates written below: METROPOLITAN AIRPORTS COMMISSION By Title Date STATE OF MINNESOTA ) )ss. COUNTY OF 1 This instrument was acknowledged before me on the day of ,2006 by ,the ofthe Metropolitan Airports Commission. (Notary Stamp) Signature of Notary Public CITY OF EDEN PRAIRIE By: Its: Date: State of Minnesota County of - 2006 - - -- This-ustrument was-acknowledged before me on - -b y the of the City of Eden Prairie,a Minnesota municipal corporation of the State of Minnesota Notary Public 4 i EXHIBIT A : WRITTEN DESCRIPTION of RIGHT OF ENTRY AREA (not to be recorded, so does not have to be a legal) EXHIBIT B : GRAPHIC SHOWING AIRPORT PROPERTY IN RELATION TO ENTIRE AIRPORT EXHIBIT C : GRAPHIC SHOWING SPECIFIC RIGHT OF ENTRY AREA AND PERMANENT EASEMENT AREA 5 CITY COUNCIL AGENDA DATE: SECTION: Public Meetings August 15,2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Robert A.Lambert, Director Bryant Lake Off-Leash Dog Park Parks and Recreation Requested Action Move to: Approve the revision of the Bryant Lake Regional Park plan to include an off-leash dog park, and a parking area to accommodate that use, as proposed by the Three Rivers Park District. Synopsis Three Rivers Park District is proposing to construct an off-leash dog park and a twenty-four car parking lot in the north area of the Bryant Lake Regional Park.Minimal grading is tequired and there is no tree loss. The Planning Commission approved this proposal at their July 21 meeting, subject to the staff recommendations and the staff report dated July 21, 2006. The Parks and Recreation staff support this revision to the Regional Park plan,based on the high demand for off-leash areas and Regional Parks are generally more able to accommodate large off- leash areas than municipal park systems due to the acreage requirements, and the fact that the City has provided several smaller off-leash areas that are heavily used. Staff anticipate the demand for these off-leash areas will continue in the future as more residents living in multi-family housing would look for a location to exercise their pet. The Parks,Recreation and Natural Resources Commission voted to approve this plan on a 7-1 vote, with Jacobus dissenting because he believed the neighbors should have more notice for input. Background Originally,Bryant Lake Regional Park and Anderson Lakes Regional Park Preserve were City- owned and operated parks. When the City agreed to transfer ownership of those parks to Three Rivers Park District(then the Suburban Hennepin Park District), one of the conditions was that the Park District would always bring any proposed changes to the park plans for those parks to the City for review and approval. Three Rivers Park District has been a great partner with the City of Eden Prairie in providing park and recreation facilities and preservation of open space within this community. City staff strongly support the proposed off-leash area within Bryant Lake Regional Park. The property is zoned rural. A park is a permitted use. The City does not regulate the use of the property. The City does regulate performance standards applicable to the construction of a parking area and fences. The parking area requires a landscape-screening plan and a water quality plan. The maximum fence height permitted is 6 feet. Three Rivers Dog Park Proposal August 15, 2006 Page 2 Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the July 24,2006 meeting. Their recommendations include: • Provide a landscape screening plan for the parking lot as viewed from Rowland Road. • Provide an infiltration—rainwater garden water quality plan to treat storm water from the parking lot. • The maximum fence height cannot exceed 6 feet. Attachments • Staff Report dated July 21,2006 • Three Rivers Proposal • Notification Area Map • Meeting Notice • Location Map • Resident Letters s i i i STAFF REPORT I TO: Planning Commission t FROM: Michael D. Franzen I I DATE: July 21,2006 s SUBJECT: Bryant Lake Park Off Leash Dog Park APPLICANT: Three Rivers Park District OWNER: Three Rivers Park District i REQUEST: The Three Rivers Park District will present plans for an off leash dog park and parking area. ! , i 1 Background The Three Rivers Park District is proposing to construct an off leash dog park and a 24 car parking lot. Minimal grading is required and there is no tree loss. I The property is zoned rural. A park is a permitted use. The City does not regulate the use of the I property. The City does regulate performance standards applicable to the construction of a j parking area and fences. The parking area requires a landscape-screening plan and a water } quality plan'.The maximum fence height permitted is 6 feet. i Staff Recommendation ` E The staff recommends approval of the plan subject to the following conditions. I 1. Provide a landscape screening plan for the parking lot as viewed from Rowland Road. 2. Provide an infiltration—rainwater garden water quality plan to treat storm water from the parking lot. 3. The maximum fence height cannot exceed 6 feet. i i I 3 i i Three Rivers Park District Proposed Dog Off-leash Exercise Area at Bryant Lake Regional Park The Three Rivers Park District Board of Commissioners has authorized the construction of a new dog off--leash exercise area at.Bryant Lake Regional Park. The Three Rivers Park District currently operates existing dog off-leash exercise areas at Crow-Hassan Park Reserve, Elm Creek Park Reserve, Cleary Lake Regional Park and Lake Sarah Regional Park:. Construction of Dog off-leash exercise areas will occur also at Clifton E. French Regional Park and Carver Park Reserve in 2006. The proposed Bryant Labe Regional Park dog off-leash exercise area will be approximately nine acres in size, completely fenced with a five-foot high wire fence around the perimeter,and will have a gated entry. An interior portion of the exercise area Will provide access to an existing pond. A 24-car parking lot for Dog Off-leash Exercise Area visitors will be adjacent to the entry,point of the area.A3nenifes will include picnic tables, :feces disposal station, trash receptacles and a unisex .vault latrine restroom structure. Park District staff is requesting that the City of Eden Prairie consider permitting the design and construction of the parking.lot and widening of the existing entrance road (which serves as a secondary emergency access to the International School) without the standard curb and gutter road section due to its setting in a more rural area and the limited traffic use. The existing highly pervious soil types and natural vegetative cover provide for a natural buffer and infiltration system for water runoff from the impervious surfaces., sufficient to meet the requirements of this project. Therefore, the Park District is not i Q t management. recommending additional B'1rLt' s associated with storm water g b The proposed schedule for the parking lot construction, followed by the installation of fencing and restroom is October 2006. CL LE : � t� PLA1iNiN DEPT. JUL 12 2006 CITY Of EDEN PRAIRIE Zoning Map Bryant Lake Off Leash Dog Park Bryant Lake Regional Park--Three Rivers Park District Co.Rd.62 x fi ° ; `, � f 77 `pia I i r } °mow � 1 y t r ��f 1 } t �.. . f . Shady Oak Road Rowland Road MY, �.1 i vv� "M SITE le • \� ma�yy.. �s�• : .:u 3 � :� 1 - D\ iG "All } Y`g}''�`h r' ti \ att �..:, Rural One Family-io acre min '-:Kghsway Commercial Shore{and Management Classifications 0 RI-44 One Fa-a;ly 44,000 sf.min. Regional Service Commercial E c Natural Environment VV er3 R1-22 One Family-22,000 sf min. Regional Commercial 17331 Recreational Development Waters / R1-13.5 One Family-18 500 s#rn n. i�Industrial park -2 Acre tdin. � General Development Waters(Creeks Only) I R1-9.5 One Family-9,500 sf min. industrial Park-5 Acre 1+ � 100-Year F(oodplal1-AK i Kah sy#'312 V*s'of Count'Road r4 is proposed,nai constL:ladl a.Urs time. Rf1•a.5 (.utG-Family:6.7 U.P.A mix General Industrial 5 4cra Min, - Up dWed 1hrough 0 d'nanda,.J2 2005.. .. Rfi-2.5 Mulli-Family-17.4.U.P.A:max. Public. Ord.nsnce433.twatBFI.Ad-Voyapprwed,buinctsh-minoninbsmop-3:4icn oince L+ia(Er Oa12.:.1t1n2 24,[(J3rJ Reighborhood CommercialLLLJ { Rcgl t-of-stay i 1 t a.—..• a.2..-.,b-.r..: £eni C.a:*v C.�Ge..K s s.sA 1• 1 Community Commercial Chanhassen City limits i i I Guide Plan Map Bryant Lake Off Leash, Dog Park F Bryant Lake Regional Park--Three Rivers Park District Co.Rd:62 \`1" ga i j.. r -Shady Oak Road i Rowland Road i 51 { i Oqp .l �c 3 if E a 1 r r z Bttant Lake � I ` ¢ ) 3 Lvw Density Residential 0-2.5 Units,'Acre Neighborhood Commercial Principal Arterial La.,DensitytPubiic/Open Space community Commercial m--®—A MinorArtarial i mdium Density residential 2,5-10 Units/Acra Ragional Commercial a—^S f0inorArtarial Medium Density ResidentiaitOtfice ParktOpen Space Major Collector High Density Residential 10-40 UnitsrAcre PubliclQ-asi-Public �—t ihor Collector Office %? Church/Cametary Otficeiindustrial Open water OtficeiflublictOpen Space Right-Of-Way ?..: Industrial ^---Metropolitan Urban Service line(idUSA) DAFEiWZSv_U'1-07-05 GATE Rx�aed�;1t7�35 __Creeks BRYANT LAKE REGIONAL PARK t 1 RECREATION DEVELOPMENT PLANLOCA ` {t TRAIL 4 33 COAt�ECTIOM Existing Paved Trails --- Existing Turf Trails Proposed Paved Trails ! Future Paved Trails s + - Proposed Park Roads i ' - Park Roads ! Existing Recreational Areas ! Proposed Recreational Areas ,% --- Park Boundary yr � International i } j School i PROPOSED surplus ; ' DOG OFF-LEASH Property t ---t EXERCISE AREA NORTH ! N i tiai nan - - -- 1 f fi Boat Launc r Vrsitri � 71 Bryant Beactx j2 r a, r Lake .; l .IN 3 tr" L i / , tom•��• �'`% <�� '-�-�•, �1 ' .: l't `�ti� r t i°,`,. 1 y. ff y!�'',� ��=1 1 ! s Y 7' 5 0' 1 3 i. �E• 1 R t t t Y ,, ` 10 S rrIce,Gate 1,0 1t ; 3, r fY riprdipped outfowt i t . '' tt i i 4eong fence line>.. ` �� tt '`>. 2 3' `� Double a e i tt/ .�\ t 110'.Service`Gat2 \ x o i t 1 Ed IYN s^ tom♦ - 4 \ ! f> s r F t i ✓f f i 1 � . ,` 5•°°`z��,�dt•r>✓r t j f.s �f -� !!f i ✓ `}1 �1�} ,,:,...�.,:f''��`�� 1 j � � �r � ` per' � ! �, �`! f •� '� �� !J r � � � � f J r \ r Y r .'�. ,ems .�F. ...lam O >�'•.. \\ \ \ \ 206 �',^^�,� .�sh.� .r- '.rr��•�y� F�,r°•.-•.,:...,� A,��-. '�,.,,•,.,_ i 1 1 �'', '`v\ �. l 'i� J 'py �.�•\,..`-n ry......,•_ � f�!_a}r'._ ff \\.. .l yl � � � �, r� - t - /X l�' �-;, _`�., �.••, �?. -^"fJ L- BOG'� `�, z _ � •\\ � ....--,.., �_ "•. �` ,\ -•t� �.s aF< R Fence # h 3546e tJ. ` P C 1t f Area i02 Acres Three +� Q SCALE: 'S Rivel Bryant 1 Lake ��i 9 Park DATE' Ap,-H 10,2006 t PARK`DISTRICT Dog Off-leash Exercise Area DRAM,: 1,1,eyw DEPARTMENT OF ADMINISTRATION/DEVELOPMENT SECTION 5s(E£T s OF �. 3 i 1 i THREE RIVERS PARK DISTRICT DOG OFF-LEASH AREA RULES AND CONDITIONS Violation of any of these rules and conditions can lead to citation andlor revocation of pass. I 1. Users of the do off-leash areas must display/carrya dail or annual ass. Dail asses are available at I g Y P Y P I e -the pay box located at each site. For annual asses, call 763l559 9000 or visit � P www.ThreeTtiversParl District.oru. The pass is valid for members of the same household, as listed on the registration form; passes are not transferable. The annual pass has two parts: The pass card must be carried while in the off-leash area, and a parking pass must be displayed when parking in an area posted for pass- holders only. j 2. Dogs must be under control at all times -no exceptions. "Under control'means the dog will come when called. Dogs must not be permitted to interfere with other people or dogs,unless permission is granted by each f handler for dogs to play together. 3. Handlers must remain in the area with their dogs at all times. i 4. Each handler must carry and use an appropriate device for cleaning up dog feces and disposing of them in a sanitary manner. Plastic bags are considered appropriate devices. A trash barrel is provided at each site. E 5. Aggressive behavior is not acceptable. 6. Permit holders must have certification of current rabies vaccination for each dog readily available when €€ using the off-leash area. Puppies under the age of four months may not use the off-leash areas. i ] 7. No more than two dogs per handler will be allowed in the area at any given time. 8. Children must be closely supervised and should be instructed about proper behavior around dogs. I 9. Off-leash areas are open during park hours(5:00 a.m.to sunset daily,or as posted by the Park District). 10.Use of firearms or devices considered firearms under federal law is prohibited. Use of blank starter j pistols not considered firearms under federal law is permitted at the Lake Sarah and Crow-Hassan sites if indicated on the registration form. 11. Use of pigeons,quail,chukars, and pheasants will be permitted for training purposes at the Lake Sarah and Crow-Hassan sites when indicated on the pass registration form, pursuant to conditions outlined herein. Humane treatment of all animals is required. Under no conditions will animals of any type be mistreated, abused, injured, or killed. Pass holder is required to take necessary measures to ensure that this I condition is met. It is strongly recommended that training birds be recovered before leaving the area. All other park Ordinances must be followed. Copies are available upon request. j i The Park District reserves the right to rejecticancel passes for any reason and will restrict days.1"es of use as necessary. i S if 1 1 ; HM Iq fW: u. MW MR R ON' a � ;tl�' � M c'z� .�' n ems'" T�Y}�-. �' .�.' •�-:� 1 s. �` .,.,� �� �� �� `t ....-+ 1,4 iw, s ,� r;, � t .�;k+rtK •J � � 'ems,„', =_� ) (� Z$ r�. 4 H �' ,r '� �' � r l > � �' l �� �'`�' i �.. 1 .: r a� �', sr fir... �� s• �';; � a� �� �r�.'"5 s ��� � +�,y w � x„',4•w s§rt'"� �. r � v i ' :+., � ,ir': ��: ec,.'�„.%� fi,. "r C..S a p 02-116.2 22 ,". .�:'': .. ,-,. BzA ' .. 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OF, Oil w� �. r } z ' y ix '. _ ' •. w fit}&w '� + ,c,,. t-k'. s s� y �-.,• � �,x � ;: �.,`\ " ,��x ��` 3 c� p+a+w'.L ti•+,« 4 - '$�` a, � �`a r i'��'�^{^ & �: < ,3� b'az,.�' Pik G' ;,` � f`�•#:- »`�� yR IVFV� 7k �a N. � e Me r �,. .�� �,.....-.-...---;...,�.; r �„ .,� ri � ��x � z �' � `�Y •^. 4't Yid£° ,�i City of Eden Prairie 80804itchell Road,Eden Prairie,MN 55344-2230 ! 1 Phone(952)949-8485 TDD(952)949-8399 Fax(952)949-8392 Date: August 15,2006 Time: 7:00 P.M. Meeting Location: City Hall Council Chambers—8080 Mitchell Road Project: Bryant Lake Off Leash Dog Park Applicant: Three Rivers Park District Alex Meyer Phone: 763-559-6758 Project Planner: Stuart Fox Phone: 952-949-8445 Request: The Three Rivers Parks District will present plans for an off leash dog park/exercise area NOTICE. You are invited to attend a public meeting for the referenced project. The meeting will begin at 7:00 P.M. Depending on the number of items on the agenda,the hearing for this project may not start until later in the evening. The meeting is televised live on cable channel 16 and rebroadcast on Tuesdays at 7:00 p.m.and Sundays at 1:00 p.m. THE MEETING PROCESS.The purpose of this public meeting is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting,the Mayor will lead the public hearing through the following steps: 1) The Applicant will present plans on the project; 2) The City Planner will give a report; 3) Residents will have the opportunity to make comments. The Council requests that a designated spokesperson present the group's consensus opinion. 4) After receiving all this information,the City Council will discuss the request. If the Council members feel they have adequate information,input,and analysis of the development,they may take action on the project. QUESTIONS OR COMMENTS. If you wish to see plans before the meeting,please stop by City Hall between 8:00 a.m.to 4:30 p.m.,Monday through Friday. Copies of any written comments submitted to the Community Development Department by 12:00 p.m. on the Wednesday prior to the meeting date will be distributed in the Council packets. Area Location Map - Three Rivers - Bryant Lake Regional Park Address: 6800 Rowland Road, Eden Prairie, MN 7777 Rowland Rd. J Three Rivers- Bryant Lake Regional Park ;III ' ; Q: Bryant Lake �l Beach Rd. Scal Via E-Mail August 7,2006 Ms.Lori Creamer Administrative Assistant City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Proposed Dog Off-Leash Exercise Area at Bmnt Lake Regional Park Dear Ms, Creamer: Thank you for forwarding the package of information regarding the proposed dog park at Bryant Lake Regional Park. In addition we are thankful to Alex Meyer at Three Rivers Park District for his responsiveness to our questions about the proposed dog park. While all of us in the Bryant Point neighborhood would prefer to keep the park in its current pristine and nature preserve like state,we recognize that Three Rivers Park District is trying to make their parks more Iike activity centers and less like nature preserves. As long time residents of this neighborhood (14, 16 and 18 years respectively)we appreciate the opportunity to raise some questions and concerns about the proposed dog park that we are hopeful can be addressed by the Eden Prairie Planning Commission and/or City Council. In no particular order,here are our questions and/or concerns: 1. Trees: We can't tell from the plans,but we want to be sure that no trees are going to be removed to accommodate this new dog park. Plus,we would like to see additional landscape screening added along Rowland Road to screen the dog area,the new asphalt parking lot and the proposed concrete latrine. 2. Hours of Operation: We have been told that the hours of operation of the dog park will be from 5 AM until sunset,7 days a week,365 days a year. Given the adjacency of this area to a residential neighborhood we are concerned about early morning traffic and dog barking. We would like to see a more reasonable opening time for the dog park(i.e.,9 AM). Ms.Lori Creamer City of Eden Prairie August 7,2006 Page Two 3. Runoff Issues: 16 years ago this property was used by Hennepin County as a vocational school for students interested in handling horses. This use was terminated in part due to the negative impact on the water duality of Bryant Lake caused by the runoff of horse manure,etc.,as this site generally slopes and drains towards Bryant Lake. We are assuming that some provision will be made in the City approvals to assure that this does not become an issue with the dog park. 4. Parkin We understand that a new 24 car asphalt parking lot is going to be built(along with a concrete latrine). Currently our neighborhood has a minor issue with park patrons that park on Orchard Dill Drive and walk down to this part of the park. If the new 24 car parking lot is inadequate to meet the demand for this dog park we are concerned that our neighborhood will become the overflow parking area. We would like to see some provision in the City approvals that deals with this contingency. 5. User Permi#s: We understand that use of this dog park will be limited to"Permit" holders. We appreciate this fact and would like to be sure that there is a provision in the City approvals which makes this a perpetual condition of the operation of this facility along with encouragement for strong enforcement of use by permit holders only. Thank you for including this letter in the upcoming Planning Commission packet. Given your need to have this letter by 5 PM today,we are sending this to you via email. If you need a copy of this letter for your files with original signatures please let us know. Sincerely, Stewart R.Stender&Deborah A.Davenport 12221 Chadwick Lane Eden Prairie,MN 55344 Owen&Roxanne Gleason 6277 Chasewood Drive Eden Prairie,MN 55344 George&Mary Dee Hicks 12197 Orchard Hill Eden Prairie,MN 55344 cc: Alex Meyer,Three Rivers Park District(via email) July 20,2006 Community Development Department City of Eden Prairie,Minnesota 8080 Mitchell Road Eden Prairie,MN 55344-2230 Attn:Stuart Fox,Project Planner Dear Mr.Fox: The purpose of this letter is to provide feedback with regards to the Three Rivers Park District request for an off leash dog park at Bryant Lake Regional Park. During a recent neighborhood gathering concerAs and opinions related to this planned facility adjacent to Rowland Road were raised: • Negative to the Natural Habitat.Visiting and patronizing the park as a natural resource is a pleasure every County resident has enjoyed. The variety of wildlife and its existence is delicate in this dense urban environment.The expansion of the freeway system,educational and residential developments adjacent to the park in recent years has adversely affected animal habitat. Introducing an off-leash dog area will further threaten the wildlife located in this region of the City and we urge you to consider and review any studies which may formally have been produced with regard to this issue as whole. • Duplication of services.The presence of an existing off leash dog park is less than 1 mile away from this planned location.A patron can even view this facility when on the existing wail at the Eastern boundry of the park.Established around the time of the relocation of the Best Buy corporate headquarters the City sanctions an off leash dog park near Flying Cloud Drive and Northgate Pkwy thus creating a duplication of facilities with-in close proximity. • Targets wrong user group.Most patrons to this County resource enjoy the natural habitat,lake views,lake access,and rent its park shelter facilities.The mission of these regional parks is to preserve and provide stewardship of these natural resources—not introduce activities which negatively impact those resources. The planned activity which would occur in this proposed facility type appears in-consistent with a preservation mission. • Parking by patrons.The users of this facility will undoubtedly park in the nearest neighborhood streets Orchard H.and Fallbrook Rd.respectively.These streets as well as Raspberry H.unfortunately are already serving as parking spaces for individual who patronize the Frisbee golf ranges at various time of the week and year. The preservation of natural park settings with-in the County is an important responsibility.The Three Rivers Park District does a fine job managing Bryant Lake Park and the County resident should appreciate the efforts in maintaining the natural resources available.The important component of its mission is protecting natural resources.A dog park this size very detrimental to that mission. Sincerely, Brian F.Pederson 11881 Thornhill Road Eden Prairie,MN 55344 D I5 i L PLANNING DEP7, 12213 Orchard Hill JUL 3 12006 Eden Prairie, MN 524 July 23� CITY OF City of Eden'Prairle EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 Dear Council Members, I am unaccustomed to public speaking, so I am writing as a second attempt to state my concerns about the proposed dog park. We heard a lot this evening about how much cleaner the dog parks are than the leashed trails. Not one speaker called them clean, merely cleaner. Fines for not having a permit are not set fees and are not tracked. Just how daily permits would be issued also remained unsaid. There was no mention whatsoever for set fines for not cleaning up after one's dog, much less enforcement of this. The park district representative dismissed concerns over fecal contamination with the phrase, "dogs are not horses." However, enough dogs can certainly equal the output of-a horse. More importantly, there were no stated plans to monitor the water quality. :Eden Prairie discussed the issue of water runoff from the parking lot. There was no mention at all of runoff over contaminated grounds going into a lake with a public beach less than a mile away, a beach which has been significantly upgraded since the stable closed. Round Lake was closed for this. Not a single advocate suggested that there would be no appreciable accretion of fecal matter, simply that dog owners tend to self-police the enclosed area. Indeed, policing is a true bone of contention. As I said at the meeting,the park district police never responded to our complaint. On past Sundays, motorboats roared up and down Bryant Lake, violating the speed limit. There appeared to be no consequences for this, so violators paid no attention. The access road the District is proposing to widen for the dog park currently has a gate and no parking sign because it is a fire lane for the International School. At least twice a week, cars are parked there, often with their bumpers to the no parking sign. There are no consequences, so drivers pay no attention. Whom do we call, the Eden Prairie police,the park district police,the International School (it's their fire lane)? The police undoubtedly have better things to do, and the rangers are seldom in evidence. It may be not a big problem, as long as the fire department doesn't need access, But it does point out the speciousness of the "overflow parking is available"argument. It is easier to park there, despite the free parking at the main entrance, and the park users pay no attention to the sign. My sprinkler heads have been damaged by the weight of trucks parked on them. My neighbor had to call the police this summer, because a truck owned by a park Visitor repeatedly parked after dark off the street and on the lawn and sumac. (At least it wasn't the fire lane off Rowland.) Raspberry Hill had similar problems. A final question: has there been any study at all of the impact of increased traffic? � As I stated in the meeting,the Eden Prairie police woke us in the middle of the night, looking for missing teenagers, one in critical condition, after a crash on the proposed site. They had misjudged one of the many curves on Rowland. I would ask that the city look closely at this proposal. The park district said there are 20 permits issued to Eden Prairie residents. The dog park proponents made much of.the 1600 signatures on their petition. What they cannot claim is that each Of those signers wished to use such a park. Perhaps they merely wished the dogs and their companions to be away from their local parks. Indeed, as I understood the District research, people h le fell into two camps: those who wanted dog parks, and p those who wanted no dogs.There are two other facilities in the city. Once the dog yard is in place, it would be almost impossible to close, no matter what the contamination issues or nuisance to the neighbors. Should the city give its approval, i urge you to insist on the following: 1) Monitoring of fecal contamination in the creek and lake, with an action plan if levels rise unacceptably as at Round Lake. 2)A phone at the entrance gate for emergencies. 3) Posted signs locating free overflow parking, and tow-away signs for the fire lane,to be enforced. A gate to protect the International School, similar to what is currently there, as well as private property signs. 4)Posted hours use, of and enforce ment of them. One speaker said the Best Buy/Flying Cloud facility was in use almost all day. Another described having a park as better than"sneaking"into Millar Park to train. Without enforcement, posted hours are meaningless. Are there any plans about what to do when hours are violated, per testimony? 5) Post the fine for not cleaning up after your dog, and have someone there to write up offenders as well as check permits. 6) Better and/ more frequent enforcement of all current park regulations. This is much more cost effective than a redundant off-leash exercise area. If this proposal is implemented, it is the neighbors who will be left to clean up debris left by the increased number of park visitors year round, deal with the nuisance of odor, traffic and noise or potential property damage. With past ' experience in mind,we can only hope that regulations be enforced to minimize the greater impact of this proposed facility. Respectfully, /ZU.c � � Kathryn Carey(/evine U'//17/zUutf 19:04 rAt yet ast u04.0 %man o=vll,L'A Inn tmuul _ I I ✓ �3 17,040 t C1711 of a&-1 MAORtiE Soso I AIAtwl ' ���n ��r�e�� 1�'lFt • SS344 I 111 A A%A ONLl. �,Y ca,r MaJaM, o icQ IVI e ,.e rris AID � Imo. �• °�i� � �� 2LP- CUM Lo If • a �{�[{ram'"Ci CJ Cxow w c�o.a • �z �eop . a. 1G'Y'+►t.S lca�u a v� 07/17/2006 19:54 FAX 952 942 0842 GAS SERVICES INC 11002 WfIJJ��� eft• V �4�1 afiw� �s 1dl6 �l. Iik t s -u - 41-t 0 -.� OL CA s i 07/17/2008 19:54 FAX 962 942 0643_ GAS SERVICES INC U 003 OL u �.. �Ou v►r.-� -�v V d v Gw elf.i •�`i We y ye f bettY I Ma . �3 31 Ua%dwoOc4 lb6 vz-- c Q--o:, ,ice , Proposed Bryant Lake(Three Rivers)Dog Park Page I of 2 Robert Lambert I From: steven.hayden@ubs.com Sent: Monday,August 07,2006 5:44 PM To: Robert Lambert Subject: Proposed Bryant Lake(Three Rivers)Dog Park i To: Bob Lambert(dambert@edenpralhe.prg) CC Nancy Lukens(ntVm-lukens@edenprairie.org);Scott Neal(sneal@edenpralde org);ry ffws@pdientml.mm;stewsten@aol.com; Jrayden122@aol.aom i subject Proposed Bryant Lake(Three Rivers)Dog Park Dear Mr. Lambert, I was just made aware that the Eden Prairie Parks and Recreation Commission is meeting tonight and on the agenda is the topic of an off-leash dog park at the Bryant Lake Park location. Unfortunately, most of the residents of Bryant Point were unaware of this and I doubt that anyone will be able to be present. However, I have had the opportunity to speak with several neighbors, including 2*(Stew Stender and Rob Withers) that attended the Planning Commission meeting on August 15th. I know that I speak for the vast majority of Bryant Lake residents when I advise you that we are vehemently opposed to this project for.several reasons. First,we believe it would create an eyesore in an otherwise pristine and beautifuliy'natural environment. Second, it would disrupt and harm some of the existing habitat of the wildlife such as deer, pheasant,foxes etc. that roam the area and it would undoubtedly Increase the traffic flow,just to name a few. In addition, to my knowledge, I believe that Eden Prairie already has more off-leash dog parks than any of our neighboring communities such as Chaska, Minnetonka, Hopkins, Edina, and Bloomington. Most of those communities appear to have 1 or none whereas Eden Prairie currently has several, 2 of which i I believe are dedicated off-leash parks. In addition, I have been advised by neighbors that a substantial number of residents in our neighboring developments, i.e., Raspberry Hill and others, are also opposed but due to unawareness, vacation, and the rapidity of this process have been unable to voice their opposition. Therefore, on behalf of the above mentioned residents, I respectfully ask that the Commission at least defer a decision on this Important topic until we have had a chance to adequately present our case and demonstrate how many of us are opposed. Please be advised that we have a scheduled neighborhood meeting for this Wed, Aug 9th, 7PM, at the Bryant Lake Pavilion with Three Rivers Park District personnel. After that meeting I'm confident the residents will have-a better understanding of what is proposed and the commission will therefore have a better understanding of our reasoning. Thank you in advance for your consideration in this matter. Sincerely, Steven C. Hayden 12232 Chadwick Lane Eden Prairie, MIS 55344 Steven C.Hayden 8/7/2006 08/07/06 08:44 FAX 7832126976 CARLSON tI MTING GROUP 1@ 001 August 7,2006 h1r.Stuart Fox Project Planner City of Eden Prairie 8080 Mitchell Road Eden.Prairie,MN 55344 Dear Mr.Pox: I was very disturbed to recently learn of the proposed plans for an"off-leash"dog exercise area at Three-Rivers-Bryant Lake Regional Park.Disturbed for two reasons: first,the issue of the area itself and the negative impact it is likely to have on our neighborhood,and second,the apparent speed with which this proposal surfaced;without ample.time for residents who oppose it to respond.As one of my neighbors indicated,we feel entirely blindsided by this plan given what little time we have had to effectively process it. This letter,then,will not reiterate in detail the well-stated opposition my Bryant Point neighbors have already presented.Suffice it to say I am wholeheartedly opposed to this off-leash exercise area for all those reasons,namely its apparent waste of city taxpayers money given the incredibly close proximity of another such park,the overflow-parking problems this is likely to create for our neighborhood,the interference with the existing natural habitat and likely runoff issues,and the potential negative impact on our'property values. I strongly urge you abandon these plans and allow Three Rivers-Bryant Lake Regional Park to remain in its current state,which not only has effectively maintained its natural resources but also more than adequately serves the needs of our community.An"off leash"dog park will only detract from these services. Thank you very much for your time and consideration of this matter. Dr.Stephen L.Cohen 6264 Chasewood Drive Eden Prairie,MN 55344 952-942-7291 CITY COUNCIL AGENDA DATE: August 15, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Kluge Residence Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-22 on 1.98 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is a rezoning of a single family lot from Rural to R1-22. Background Information The owners would like to rebuild on the site. The zoning for this site does not allow new construction on a Rural lot with less than 10 acres. The proposed house pad meets the zoning requirements for the proposed R1-22 Zoning District,which is consistent with adjacent zoning. The cottage structure was reviewed for historic significance. The structure is not identified on any historic inventory. The structure should be photo documented. The 120-Day Review Period Expires on September 27,2006. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project to the City Council at the July 10,2006 meeting. Attachments • Ordinances • Staff Reports • Location Map • Land Use&Zoning Maps • Planning Commission Minutes KLUGE RESIDENCE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-22 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-22 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor"are hereby adopted in their entirety, by reference,as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2006, entered into between Richard and Kelsey Kluge, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15t' day of August, 2006, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2006. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on STAFF REPORT TO: Planning Commission FROM: Regina Herron,Planner I THROUGH: Michael D.Franzen, City Planner DATE: July 7, 2006 SUBJECT: Kluge Residence APPLICANT/ Richard and Kelsy Kluge OWNER: LOCATION: 7260 Willow Creek Road REQUEST: 1. Zoning District Change from Rural to R1-22 on 1.98 acres Staff Report—Kluge Residence July 7,2006 BACKGROUND The Comprehensive Guide Plan shows this site and adjacent properties as Low Density Residential for up to 2.5 units per acre. The site is zoned Rural. Surrounding zoning is Rural and R1-22. There is an existing house and garage located on the property. The lot was created prior to 1969. In 1969,the City created a 5-acre minimum lot size for property zoned rural. The City code was amended in 1982 to create a 10-acre minimum lot size for the rural zoning district. The purposes of the large lot size were to minimize the use of septic tanks and drainfields and encourage land to develop at higher densities where there was city sewer and water. The site is considered a non-conforming use since it does not meet the 10-acre minimum lot size. Any structures on the site may be continued to be used, but may not be enlarged or reconstructed without meeting the current zoning code. The owners would like to rebuild on the site. The zoning for this site does not allow new construction on a Rural lot with less than 10 acres. The proposed house pad meets the zoning requirements for the proposed R1-22 Zoning District,which is consistent with adjacent zoning. GRADING AND TREE LOSS The plan shows tree loss based on a proposed house pad.There are 242 diameter inches of significant trees on the property. Tree loss due to proposed construction is calculated at 17%,or 40 caliper inches. Tree replacement is 9 caliper inches. UTILITIES Sewer and water is available. CONCLUSION Rezoning to R1-22 is appropriate for the following reasons: 1. The rezoning is consistent with City policy to eliminate non-conforming lots instead of granting variances to enlarge non-conforming uses. 2. The rezoning to R1-22 is consistent with the surrounding zoning,which is R1-22. 3. The rezoning is consistent with the guide plan. The site and the surrounding area is guided low density residential. Staff Report—Kluge Residence July 7,2006 STAFF RECOMMENDATION Recommend approval of the following request: 1. Zoning District Change from Rural to R1-22 on 1.98 acres This is based on plans stamp dated June 16,2006,the Staff Report dated July 7, 2006 and the following conditions: 1. Prior to grading permit issuance,the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control on the property, 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. 2. 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 9 caliper inches. Area Location Map - Kluge Residence Address: 7260 Willow Creek Road aQ� . Bryant Lake Crowne Oak Rd ` p Willow Creek Rd .77 Bryant Lake Dr /f Willowoad Dr r.. _''^; i i I Guide Plan Map Kluge Residence 7260 Willow Creek Road, Eden Prairie, Minnesota I' Y. i y i 3 3 8r}tant fake Growne Oaks Road E� Willow Creek Road ' I� � ';• Bryant Lake Drive 1 w � fi•:ate i� y r N Willowood Drive Cifiy of Eden Prairie Land Use Plan M Z 3 Low Density Residential 0-2.5 UnitslAcre Neighborhood Commercial ia�Principal Arterial ;f Low Density]Public/Open Space' Community Commercial -A Minor Arterial Medium Density residential 2.5-16 Units/Acre Regional Commercial B Minor Arterial Q Medium Density Residential/Office Parktopen Space ----Major Collector t High Density Residential 10-40 UnitslAcre Public/Quasi-Public Minor Collector office Church!Cemetery Office/Industrial Open water pnrenvPmwd a9-i9-oa DMERdviSed01-07-05 Officaftbi c/Open Space Right-Of-Way Industrial -Metropolitan Urban Service Line(MUSA) „.Creeks l Zoning Map Kline Residence 7260 Willow Creek Road, Eden Prairie, Minnesota a , y � Bryant Lake off Crowne Oak Roadg i \ � 33 te q � i &: 3 -� Bryant Lake Drive i Willow Creek Road \ 7 SITE r Willowood Drive 1 ' I Cif r zo i Rural One Gamily-10 acre min. Highway Commeraal Shoretand Management Classifications Ri-44 One Family-44.000 sf.min. Regional Service Commercial GO Natural Environment Waters. p �j R1-22 One Family-22,000 sf min. Regional Commercial Recreational Development Waters CR ® General Development_Waters(Creeks Only) R1-13.5 One Family-13,500 sf min. industrial Park-2.Acre Min, ID 100- Year Floodplain i R1-9.5 One Family-9,500 sf min. M Industrial Park-S Acre Min. Highway#312 West of County Road#4 is proposed,nof.consttu led at'bis t?ma RM-6.5 Multi-family-6.7 U.P.A.max. IM General Industrial.5 Acre Mih. Up dated through Ordinance#09-2005 RM-2.5 Multi-Family-17.4 U PA.max. Public Ordinance#33.2001(SFI Addition)approved,but not shown on this map edition ) F ) Office water Date:June 24,2005 1 eaaeay.c+.^w .�oa.<one sw uea,a o-a..+o: asr,«. •, a Neighborhood t;OtTlmefCtat �Right-Of-wdy. ` Community Commercial I_j Chanhassen City#t its N i 1 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DULY 10,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk,Vicki Koenig, Jerry Pitzrick,Frank Powell,Peter Rocheford, Fred Seymour,Ray Stoelting,Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull,Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Duckstad,Pitzrick, and Rocheford. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Koenig,to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON JUNE 19,2006 MOTION by Koenig, seconded by Kirk,to approve the minutes. Motion carried 6-0. IV. PUBLIC MEETING V. INFORMATIONAL MEETING VI. PUBLIC HEARINGS A. VARIANCE#2006-06 by Anthony Lissick. Request:. To permit a garage and house addition 8.85' from the side lot line. City Code requires a minimum of 10' side yard setback with a total of 25' both sides. Location is at 17159 Trenton Lane. Planning Commission Minutes July 10,2006 Page 2 Anthony Lissick presented the proposal. He stated that he was granted this variance back in 2003 to build a garage addition but did not build within a year so the approval to the variance became null and void. He would now like to rebuild his garage and is here for a variance request. He pointed out that he had talked with his neighbors and they are in favor of the variance. He said he would like to rebuild the garage to extend it into three stalls. Stoelting asked Franzen to review the staff report. Franzen stated that a three stall garage fits in with the character of the neighborhood and the staff report identifies reasons for approval. Stoelting opened the meeting up for public input. There was no input. MOTION by Koenig, seconded by Seymour,to close the public hearing. Motion carried 6-0. MOTION by Koenig, seconded by Seymour,to approve the garage and house addition 8.85' from the side lot line based on plans stamped dated June 1, 2006, and the staff report dated July 7, 2006. Motion carried 6-0. B. VARIANCE#2006-07 by Douglas and Anne Steen. Request: To permit a gazebo addition 10' from the rear lot line. City Code requires a 20' rear yard setback. Location is at 9764 Linden Drive. Douglas Steen presented the proposal. He stated that they would like the variance for a 10' setback from the lot line. He said that he had talked with his neighbors regarding the position of the gazebo and they are all in favor of the variance request. Mr. Steen pointed out that they do not want to put a free standing gazebo into their yard because it would not fit in with the character of the neighborhood. He also stated that the gazebo would fit into the proposed location without destroying any mature trees. Stoelting asked Franzen to review the staff report. Franzen stated that the staff report identifies reasons for approval. Stoelting opened the meeting up for public input. There was no input. MOTION by Kirk, seconded by Koenig,to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Koenig, to approve the gazebo addition 10' from the rear lot line based on plans stamped dated June 2, 2006, and the staff report dated July 7,2006. Motion carried 6-0. Planning Commission Minutes July 10, 2006 Page 3 C. KLUGE RESIDENCE by Richard and Kelsey Kluge. Request for: Zoning District Change from Rural to R1-22 on 1.98 acres. Location is 7260 Willow Creek Road. John Boyer, of Boyer Building Corporation presented the proposal. He stated that the lot contains a small cottage and detached garage. The homeowner would like to tear these both down and rebuild on the site. Stoelting asked Franzen to review the staff report. Franzen stated that staff recommends approval based on page 3 of the staff report. Stoelting opened the meeting up for public input. There was no input. Koenig asked if the cottage had any historical significance. Franzen stated that it is not identified as a structure,but has been documented. MOTION by Stoltz, seconded by Kirk,to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk,to approve the Zoning District Change from Rural to R1-22 on 1.98 acres based on plans stamped dated June 6, 2006, and the staff report dated July 7, 2006. D. OAK CREEK AT HENNEPIN VILLAGE, y b Henneping Village Limited Partnership. Request for: Guide Plan Change from Public Open Space to Medium Density Residential on 3.1 acres and from Medium Density Residential to Public Open Space on 3.2 acres;Planned Unit Development concept Review on 73.7 acres;Planned Unit Development District Review on 73.7 acres;Zoning District Change from Rural to R1-9.5 on 73.7 acres;Preliminary Plat of 73.7 acres into 90 lots and one outlot. Dan Herbst, of the Pemtom Land Company,presented the proposal. Mr.Herbst gave a brief history of the property and used the overhead projector for illustrations. He pointed out that the first plan in 2001 had 4 parcels on it. Phase 1,which was parcel A,had 125 homes on it. In 2002,the density was raised on Site A from 125 to 144 homes. He also stated that part of the overall plan was to give the City open space,which would constitute 8 acres in Site B, and 10 acres in Sites C and D. Mr.Herbst stated that this evening they would like to address Site B and reduce the housing from 167 to 93 homes,plus 3 homes across the street. He also said that they would like to donate the bluff area to the City. Mr.Herbst pointed out that infiltration bases would be added to this area,along with added trails and landscaping. He also said that the homes would be styled after the new ty version of Ryland homes. Planning Commission Minutes July 10, 2006 Page 4 Stoelting asked Franzen to review the staff report. Franzen stated that in looking at the diversification of housing on the property and the development of the area, the staff report recommends approval of the modification of the planned development. Stoelting opened the meeting up for public input. Michael Boland, of 13579 Berkshire Lane, stated that his concern, as well as some other residents that were present in the audience,was the extension of Prospect Road. He first pointed out that he felt that the water infiltration system was better than expected. He stated that he would like to do his presentation in three steps. First would be a video, second would be some additional speakers, and third would be a PowerPoint presentation. He introduced Jeff Strate, of 1501 Summit Hill Drive, as narrator of the video. The first part of the video showed Millers Creek,Lions Tap, and Miller Spring. The second part of the video showed the trout springs in Riley Creek. Jeff Strate showed where the addition of Prospect Road would go to. He also showed on Eden Prairie Road and Lake Riley areas where the silt fences were broken down and ineffective runoff systems were found. He stated that the point of this video was to demonstrate how important natural resources are and recommends the strongest precautions in this new development. Mr. Strate also pointed out that old Dell Road is eroding into the creek, but the water temperature of the lower creek is still healthy enough to house trout. Michael Boland introduced John Lankas, of 9752 Cupola Lane,to address some additional issues in the area. Mr.Lankas stated that he moved into the area two years ago and was told about Prospect Road at that time. He pointed out that his concern is if Eden Prairie Road is closed at the point where it goes into Highway 212,that this would create another problem. He feels that the slope that starts at Pickett Lane would be very steep and slippery in the winter. Mr.Lankas pointed out that there is a serious blind spot at Pickett Road and Prospect Road and can be very dangerous if coming up Prospect Road from the creek. He stated that public safety should be the first concern and preservation of wildlife needs to be the second concern. Michael Boland gave a PowerPoint presentation regarding environmental impacts. Some of these impacts include preserving Miller Spring;maintaining the trout basin in Riley Creek, east of Eden Prairie Road; and the impact that the extension of Prospect Road would have on the storm water runoff. In summary, Mr. Boland stated that the Prospect Road extension would contaminate Miller Spring;the impact of bringing all of this fill into the area would be catastrophic; and the slope of the road and size of embankment would be a hazard. David Carroll,of 9776 Cupola Lane, stated that he has concerns about how the Prospect Road extension would impact the traffic at Cedar Hills Park. Planning Commission Minutes July 10,2006 Page 5 Jan Mosman, of 15117 Scenic Heights Road, stated that she feels the issue should be preservation of natural areas and suggests that Prospect Road be a gravel or grass road. Dean Edstrom, of 10133 Eden Prairie Road, stated that he believes when the City allowed development in the area is when natural resources were lost and damage to the area occurred. He stated that he believes that the infiltration ponds would contaminate the area and that the overall density has had a negative impact on the environment.He stated that keeping the access at 212 was not a good idea because of all of the accidents and deaths at the intersection. Stoelting summarized some of the important issues that were presented. They are as follows: 1. Legal precautions protecting Miller Spring and lower Riley Creek. 2. Public safety and the steep grade from Cupola Lane. 3. Parking concerns on Prospect Road. 4. Blind spots and emergency vehicle access and slope of the road on Prospect Road. 5. Rain water runoff. 6. Traffic on Prospect Drive. 7. Suggestion of gravel or grass on Prospect Road. Gray stated that public safety is the top issue. He stated that the entire area will see 300-350 residential units and that areas of this size should have multiple accesses and that the extension of Prospect Drive would solve this. Gray stated that they could continue to access Eden Prairie Road to Highway 212, but the cost to make grade 10%for this area would be very expensive. Gray also believes Prospect Road would be much safer. He stated that by not building Prospect Road, it would not eliminate water quality. An example of this would be to look at the area around Riley Creek and Grace Church and how it has not has not significantly affected the water run-off. Gray pointed out that Prospect Road would shorten the distance into the area in regards to emergency vehicles. Gray suggested that in regards to Miller Spring,tests of soil in the area should be completed to determine if there would be a problem with water run-off. Gray also felt that selecting Prospect Road as a secondary road would be a much better solution all around and that it would not turn into a busy road. Mr.Herbst stated that in regards to parking,there should be ample space in the parking garage. Mr. Herbst introduced Dwight Jelle to discuss water infiltration. Mr.Jelle stated that Ryland has put in 4 storm water treatment systems into the area. He illustrated where these would be located on the overhead projector. He said that portions of Prospect Road would go into the NURF pond, and then into the creek. He said that the first 3/4"of rain water will go into infiltration. Planning Commission Minutes July 10, 2006 Page 6 Kirk asked if there would be any traffic issues with the old Highway 212 and the new Highway 212. Gray stated there would be no significant impact. Koenig stated that she feels the project proponent is getting a better trade off than the City in regards to open area. Fox stated that the developer asked if we would like the old clubhouse facility and the City felt it could be a building that the City might utilize as an art center. Seymour asked how old the building is and would it be a significant amount of expenditure that would go into renovation. Fox stated it would be minimal. Stoelting asked Franzen if this proposal consists of 2 guide plan changes. Franzen confirmed that it does. He said the Commission members should ask themselves. First if changing from a 180 to 96 unit plan for more conventional single family housing is acceptable,then ask if the site plan is acceptable. Koenig suggested that a broader look into the area may have to be taken. Stoltz stated that he is concerned with the lots on Lot C. Stoelting said that he received an e-mail from Jerry Petzrick and one of his concerns was the land swap of open space. Mr. Jelle stated that their company have some visual studies into this project and the newly built houses are very well protected with the use of retaining walls and water drainage systems. After some discussion with the Planning Commission Members, Stoelting came to the conclusion that most of the Commission Members were not comfortable with the guide plan and PUD changes. Franzen suggested that more time should be given in making a decision on this proposal. Stoelting asked Mr.Herbst if he would be willing for a continuance. Mr.Herbst stated that he would be willing to come back on August 14,2006. MOTION by Kirk, seconded by Koenig,to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Koenig,to continue request to the August 14, 2006 meeting and to revise the development plans according to the staff report and other requirements as identified by the Commission; including guide plan issues relating to swap of property,more information on Prospect Road and Highway 212 and how it would impact development information from the City as to use of swapped property. Motion carried 6-0. Planning Commission Minutes July 10, 2006 Page 7 E. WILLIAM SMALL PROPERTY by Pemtom Land Company. Request for: Zoning District Change from Rural to R1-13.5 on 5.01 acres;Preliminary Plat of 5.01 acres into 9 lots and road right-of-way. Dan Herbst presented the proposal. He stated that the original plan for Hennepin Village that was approved in 2001 was a 249 acre mixed land use project. There were four phases in the master plan. Phases A, C, and D have been approved for rezoning and subdivision and that building permits have been issued for these sites. He pointed out that Site B has a concept approval for approximately 180 units, a mix of small lot single family and townhouses. The proposed change would be from 180 single family and townhouse units to 93 single family units. The proposed net density is 5.18 unites per acre. He pointed out that waivers from the City code are for lot size, lot dimensions and setbacks. Stoelting asked Franzen to review the staff report. Franzen stated that this project conforms to all the standards and Staff recommends approval. Stoelting opened the meeting up for public input. Travis Wutke, an Eden Prairie resident who resides on Flying Cloud Drive, stated that the issue regarding the street is with connectivity. Mr. Wutke illustrated this by using the overhead projector. He stated that the residents in that area do not want to impact Beverly Drive with additional traffic. He pointed out on the diagram that Street A should be eliminated to the south of where it connects with Street B. Mr. Wutke pointed out that this would also create larger lots in the area. Robyn Smith,who resides on 9765 Sky Lane, stated that he, along with other residents in the area, are concerned with the development along Prospect Road and thought Prospect Road was a better solution than improving Eden Prairie Road at 212. Stoelting asked Gray to address the issues of Street A and assessments to the area. Gray stated that without Street A extended, it would have to be redesigned and would require a variance, because it would not meet City Code. Gray addressed the issue of assessments and stated that for the current plan it would be approximately$9500;to connect Eden Prairie Road with Highway 212, it would be a substantial assessment. Stoelting stated that the road needs to be addressed in more detail to substantiate this variance request and suggested this request be continued. MOTION by Kirk, seconded by Seymour,to close the public hearing. Motion carried 6-0. Planning Commission Minutes July 10,2006 Page 8 MOTION by Kirk, seconded by Seymour,to continue request to the August 14, 2006 meeting and to revise the development plans according to the staff report and other requirements as identified by the Commission; including a resolution of the Prospect Road issue and the impact on sewer connection to the property and to address the issue of road assessments for Eden Prairie road and its connection or non-connection to Highway 212. Motion carried 6-0. VII. MEMBERS' REPORTS IX. CONTINUING BUSINESS X. NEW BUSINESS A. 2008 Guide Plan Presentation by SRF Consulting Group Julie Wischnack, of SRF Consulting Group gave a short presentation of the 2008 Guide Plan. She stated that the plan is projected to be completed in September of 2007. They will make presentations to the Planning Committee throughout that time and the first presentation will address the issue of housing. XI. PLANNERS' REPORTS Franzen stated that there will be two variances for the July 24 meeting. One will be for a rezoning for office and the other will be a guide plan update. XII. ADJOURNMENT MOTION by Stoltz, seconded by Seymour,to adjourn the meeting. Motion carried 6-0. There being no further business,the meeting adjourned at 11:10 p.m. CITY COUNCIL AGENDA DATE: August 15, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. C. Community Development/ Southwest Metro Transit Bus Garage Planning Addition Janet Jeremiah Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 10.01 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the 1-2 Zoning District on 10.01 acres;and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This a continued item from the July 18,2006 meeting. Southwest Metro has revised the plans by making the detached building attached to the existing facility. The revised plan conforms to the setbacks and parking requirements of the I-2 Zoning District. The exiting building is 83,400 square feet. The building addition is 14,500 square feet and will be used for additional bus storage. Background Information The portion of the site within the shoreland area contains 42.2%impervious surface area. The existing facility was constructed prior to the impervious surface limitation of 30%and will require a waiver.A portion of the proposed NURP pond will be constructed in a shore impact zone requiring a waiver. The waivers may have merit since the impervious surface percentage is a pre-existing condition, and the NURP pond helps improves water quality. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the original plan.The planning Commission will look at the revised plan at the August 14, 2006 meeting. Attachments • Resolution • Staff Report • Location Map • Land Use&Zoning Maps • Planning Commission Minutes SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA . RESOLUTION NO.2006- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION FOR SOUTHWEST METRO TRANSIT COMMISSION 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 June 12,2006, on Southwest Metro Transit Bus Garage Addition by Southwest Metro Transit Commission 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 August 15, 2006. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Southwest Metro Transit Bus Garage,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 August 7, 2006. 3. That the PUD Concept meets the recommendations of the Planning Commission June 12,2006, as amended by the City Council on August 15, 2006. ADOPTED by the City Council of the City of Eden Prairie this 15t'day of August,2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept - Southwest Metro Transit Bus Garage Addition Legal Description: Lot 1, Block 1,Reuter Addition,Hennepin County, MN. STAFF REPORT TO: Planning Commission FROM: Scott A.Kipp, Senior Planner DATE: June 9, 2006 SUBJECT: Southwest Metro Transit Bus Garage Addition APPLICANT/ FEE OWNER: Southwest Metro Transit Commission LOCATION: 14405 62°d Street West REQUEST: 1. Planned Unit Development Concept Review on 10.1 acres 2. Planned Unit Development District Review with waivers on 10.1 acres 3. Zoning District Amendment within the I-2 Zoning District on 10.1 acres 4. Site Plan Review on 10.1 acres Staff Report—Southwest Metro Transit Bus Garage Addition June 9,2006 Page 2 BACKGROUND This site is guided Industrial and zoned I-2. Surrounding property is zoned I-2 and I-General to the east, and south, and Public to the west. County Road 62 abuts the property to the north,Nine Mile Creek to the east, and the Twin Cities & Western Railroad to the south. The building on site was constructed in 1986 by Reuter Inc. for its densified refuse derived fuel (dRDF) processing facility. In the early 1990's BFI used the facility as a solid waste transfer station. In 1998 Southwest Metro Transit Commission acquired the site for its bus maintenance and storage facility. SITE PLAN The exiting building is 83,400 square feet. The proposal is to construct a 17,820 square foot building for additional bus storage. The total base area ratio for the site is 0.22 with a floor area ratio of 0.23. City code permits up to a 0.30 base area ratio and a 0.50 floor area ratio. The building meets the setback requirements for the I-2 zoning district. Based on the use of the buildings a total of 74 parking stalls are required. The plan provides 70 parking stalls with additional proof-of-parking meeting code. The parking meets the setbacks for the I-2 zoning district. GRADING AND DRAINAGE A total of 1,707 diameter inches of trees, including many existing landscaping trees, are on the property. A total of 783 diameter inches will be lost or 46%. Tree replacement is 479 caliper inches. A total of 582 caliper inches of tree replacement is proposed. A NURP pond will be constructed on the site. UTILITIES The proposed building will require the relocation of existing overhead electric lines, storm sewer and sanitary sewer lines, and associated easements. SHORELAND AREA OF NINE MILE CREEK The property is in a shoreland area since it is located within 300 feet of Nine Mile 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—5 acres • Minimum lot width at building line— 150 feet • Minimum lot width at Ordinary High Water Level— 150 feet • Minimum structure setback from Ordinary High Water Level— 150 feet Staff Report—Southwest Metro Transit Bus Garage Addition June 9,2006 Page 3 The site and building meet these requirements. The portion of the site within the shoreland area contains 40.8% impervious surface area. The existing facility was constructed prior to the impervious surface limitation of 30% and will require a waiver. The shore impact zone is located within 75 feet of the ordinary high water level of the creek. No extensive vegetative clearing is allowed within this zone. A portion of the proposed NURP pond will be constructed in this area requiring a waiver. These waivers may have merit since the impervious surface percentage is a pre-existing condition and will not increase within the shoreland area, and that providing the NURP pond helps to manage storm water and will enhances water quality. ARCHITECTURE The proposed building is 20 feet tall and will be built with corduroy concrete block painted to match the building,meeting code in the I-2 zoning district. The mechanical equipment is within the building. A canopy is also proposed over the existing fueling station. All proposed site lighting will consist of downcast cutoff fixtures. LANDSCAPING Based on the size of the proposed building a total of 56 caliper inches of landscaping is required according to code. The plan meets this requirement. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 10.1 acres. • Planned Unit Development District Review with waivers on 10.1 acres. • Zoning District Amendment within the I-2 Zoning District on 10.1 acres. • Site Plan Review on 10.1 acres. This is based on plans stamp dated May 24, 2006, and the following conditions: 1. Prior to grading permit issuance,the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Submit detailed retaining wall construction plans for review and approval. Staff Report—Southwest Metro Transit Bus Garage Addition June 9,2006 Page 4 D. Install erosion control on the property. 2. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the landscaping/tree replacement. B. Provide exterior building material samples and colors for review and approval. C. Vacate and relocate existing storm water/sanitary sewer easement affected by proposed building. 3. The following waivers are granted for the property as part of the PUD: A. Impervious surface within the shoreland area of Nine Mile Creek of 40.8%for the property. Code permits up to 30% B. Extensive vegetative clearing within a shore impact zone of Nine Mile Creek. Code does not permit extensive vegetative clearing within this area. Area Location Map - SW Metro Transit Bus Garage Addition Address; 14405 62nd Street West o. 62nd St. W. 7777 F. Indian �e Industrial Dr. Chief Rd, : , :. Carlson Summerhill Dr. 1 Edenvale Blvd 21 j 1 _ • i Guide Plan Map f SW Metro Transit Bus Garage Addition 14405 62nd Strut Vilest, Eden Prairie, Minnesota o. 62nd Street West V try industrial Drive Indian Chief Road . ems Carlson Road i a s ; Edenvale Boulevard a � t r Or 'kited -- 100 3 Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial ea--Principal Arterial is Low Density/FubliclOpen Space Community Commercial - A Minor Arterial Medium Density residential 2.5-10 UnitslAore Regional Commercial B Minor Arterial Q Medium Density ResidentiallOfOce FarlJOpen Space -Major Collector High Density Residential 10-40 Units/Acre Public/Quasi-Public -Minor Collector Office Church/Cemetary Officetindustrial ( Open vlater OATE Appmwa 03-19-03 Office/PabliclOpen Space Right-OF-Way once aerseo oa o7 os Industrial Metropolitan Urban Service Line(MUSA) .Creeks Zoning Map SW Metro Transit Bus Garage Addition 14405 62nd Street West, Eden Prairie, Minnesota o. Rd.fit \ 62nd Street W st Ilk" J � s \\ \ s SITE d ��°�' `aa.1 '� \ `e'er k` �$ -. ,��,$�, � ..,. " ✓ .>,. industrial Trail g Indian Chle#Road ,�>z � � jtt y R3 \,1 �� \ d• S Carlson Road 3 Ike d r ZVI- a ) � \ \\ r \1 Ed envale Boulevard y\ � T Fes, M� a \a R i.� t: i �z g \ I R p_ r: 3 i on i.n Rural One Family-10 acre min. Highway Commercial Shoreland Management Classifications R1.44 One Family-44,000 sf.min. Regional Service Commerdal ® Natural Environment Waters Rl-22 One Family-22,000 stmin. Regional Commensal � Recreational Development Waters Gnn General Development Waters(Creeks Only) 1� R1-13.5 One.Family-13,506 s€min. industrial Padt-2 Acre Min,: ® 1,00-Year Floodplain R7-9.5 One Family-9,500 sr min. Industrial Park-S Acre Min. fthway*312 West of County Road#4 is proposed,not constructed at this time ? RM-6.5 Multi-Family-6.1 U.P.R.max. General industrial-5Acre Min. Up dated through Ordinance#69-2006 RM-16 Muni-Family-17.4 U.PA.max. Public Ontinsw*#33.2001(aFI Addition)approved,but not shown on Ws map edition Office Water Date:June24 2005 Neighborhood Commercial �Right-of-Way Community Commercial Chanhassen City fimits N APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 12,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick,Frank Powell,Peter Rocheford,Fred Seymour, Ray Stoelting,Jon Stoltz STAFF MEMBERS: Mike Franzen, City Planner Al Gray, City Engineer Carol Pelzel,Recording Secretary I. PLEDGE OF ALLEGIANCE-ROLL CALL The meeting was called to order by Chair Stoelting at 7:00 p.m.Absent: Rocheford II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Kirk,to approve the agenda as presented. Motion carried, 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 22,2006. MOTION by Kirk, seconded by Koenig to approve the minutes as presented. Motion carried,6-0-2 with Seymour and Stoltz abstaining because of absence from that meeting. IV. PUBLIC MEETINGS V. INFORMATIONAL MEETING VI. PUBLIC HEARINGS A. VARIANCE#2006-05 by Lisa Rosenthal.Request to: Permit a shoreland setback of 75 feet for a room and deck addition from Purgatory Creek. City Code requires a 100 foot shoreland setback from Purgatory Creek which is classified as General Development Water.Location of the property is 6816 Charis Court. Rosenthal explained that her main goal for building this addition is to allow her to work from her home. She presented a petition that had been signed by all of her neighbors in support of this request. She was unable to obtain the signature of one neighbor who was out of town. EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 2 Nathan Shanklin, designer for the project,reviewed with the Commission the plans showing where the addition will be located.They propose to extend the lower bedroom out towards the creek. That room will be used as a studio in which Rosenthal will be able to work out of. Shanklin said they would be expanding the dining room in the upper level and off that they will be constructing a deck. There is the possibility in one area that they could build a smaller addition but there is a problem with the topography of the lot and the flow of the addition would not work with the upstairs.The access to the studio would also be affected. The smaller proposal would also be cost prohibitive because of the existing windows and design of the home. Shanklin stated that the proposed design would encroach on the creek a little further than what the house currently does. The previous owner had constructed a deck without a permit that extends 16 feet out from the house. Shanklin pointed out that the 75- foot setback is in conformance with the State's guidelines. In looking at the other structures in the neighborhood,many of them are built into the required setback. Shanklin further explained that this is a very small house and this addition will make more of the house usable and the addition will conform more to the existing homes in the neighborhood. Rosenthal pointed out that the upper and lower decks were never aesthetically situated. Nothing came together and the addition will be a great improvement to the neighborhood. The affected neighbors are in favor of the addition and feel the proposed changes will have a positive affect on the visual aspect of the home. Shanklin indicated that this is a very small house on a large lot.Approximately 9 percent of the lot size is used for hard cover. The applicant is building what she needs and no more. This house is considerably smaller than other houses in the neighborhood and in the City. Franzen presented the staff report indicating that to do something in this manner within the setback, considerable structural changes to the house and internal changes as to room locations would have to be made. The Commission needs to take into consideration the relationship between the size of the building to the size of the lot.Most new homes built in the City occupy 25 percent of the lot as compared with 9%with this variance.Franzen explained that the Commission cannot look at structural,changes and cost associated as the only reason for considering this variance.This could be one of the reasons.The more compelling reason would be the amount of small coverage and the percentage of the building that encroaches on the 100-foot setback that may make it different from other lots. Stoelting explained that the staff report talked about a shoreland setback of 75 feet for the room and deck addition and the letter from the developer talks about a setback of 84.6 feet. He questioned the two different setback numbers. Shanklin explained that the original survey was printed on an 8 '/Z x 11 sheet of paper and was not to scale. When they scaled it they came up with a 75 foot setback which is the correct number. Powell pointed out that the neighbors who signed the petition of approval all lived on Charis Court. He asked if any other residents on Duck Lake Trail, Tartan Curve of Sugarhill Circle were contacted.Rosenthal explained that when she received the letter from the City tS' indicating that it would be sent to the people who lived within 500 feet of her residence, she assumed it was only necessary to contact those people who would be directly affected by the EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 3 addition.Rosenthal offered to contact the other residents for their approval to construct this addition. Kirk said that when he visited this site it was difficult to get an assessment of the impact of this addition on the Creek. He asked if City staff did review this site to determine that there will be no impact to the Creek. Franzen replied that the proponent is not proposing to remove any trees adjacent to the house.Also,they are not altering any part of the property that is within 50 feet of the required setback zone. Koenig asked if staff has any idea as to how far back other homes are set in this area. Franzen responded that any homes built prior to 1982 are 75 feet back because that represented the State model at that time. In 1982,the City incorporated the State standards into its ordinance and decided to require that all bodies of water have the same setback. Koenig also asked if there are any other variances in the area.Franzen said that Staff is not aware of any. In response to a question from Koenig,Franzen explained that no grading or alteration of the existing vegetation is allowed within the shore impact zone. Stoelting explained that there is a provision in the ordinance that a variance may be granted if this is an undue hardship.He asked the proponent to address the issue of undue hardship. Rosenthal stated that she is required to travel extensively to care for family members.This does not allow her to take on a full-time job because of her family responsibilities and the requirements for travel and flexibility.Rosenthal said creating this studio would allow her to work from her home. Pitzrick pointed out that the addition being proposed is not that large relative to the size of the lot. A similar addition on the side of the house would have a significant negative impact on the neighboring homes.The neighbors have indicated that they feel this is a positive addition. Stoelting said it appears that the undue hardship is the size of the lot.This addition appears to be the most likely size due to the unique features of the lot. The utility easements may also be another factor as to why this addition is placed in the direction that it is. Motion by Kirk, seconded by Koenig,to close the public hearing.The motion carried,8-0. Motion by Kirk, seconded by Powell,to recommend approval of the shoreland setback variance of 75-feet for a room and deck addition based on plans stamp dated May 5,2006 and the staff report dated June 9, 2006. The motion carried,8-0. B. WOODLAND 2ND ADDITION by Tom Robertson.Request for: Preliminary Plat of 27,979 square feet into one lot.Location of the property is 6983 Woodland Drive. Robertson explained that a neighborhood meeting was held regarding this proposal.Eighty different homeowners were notified and four people came to the meeting representing the EDEN PRAIRIE PLANNING COMNUSSION June 12, 2006 Page 4 owners adjacent to this lot.The neighbors do not object to this proposal.Robertson said they do concur with the staff s report and are proposing to shift the proposed house pad to the south ten feet to avoid the drip line of the mature oak trees to the north. Staff presented the staff report indicating that staff is recommending approval with conditions as outlined on Pages 2 and 3 of the staff report. Pitzrick asked the proponent if he has contacted the people that are proposing to purchase the property to the north.Robertson explained that he is the individual selling the property and the purchaser is buying that property and this lot.At the present time,they have no plans to do anything with the lot but want to know they have a buildable lot. Powell asked for the history on the transfer of ownership for this outlot. Franzen explained that much of the common area land in Edenvale went into tax forfeiture when the Association was dissolved. In some case land was sold directly to individuals.The City had first option to purchase property.After that time, anyone could purchase it from the County by going through the public process.Powell said it seems strange that the Association would sell property that was dedicated as open space and that the City would allow or support this. Franzen said that is at the City's discretion of converting open space to a lot since it was part of an approved plan.He added that the lot conforms to city code and zoning in the area. Robertson explained that the Association was served by the Courts and there was no response on the service. They also went to the Secretary of State's office and the Association had not filed anything with them to remain active for the last eight to ten years. Powell said he realizes they have no control over what happened 15 or 20 years ago but that he is not supportive of allowing outlots that were public to go private.Powell said the proponent has rightful use of the property but he cannot support the conversion of open space to housing. Stoelting indicated that the proponent has gone through the legal process and he said he does not know that they can dispute the process he has followed. The proponent has also held a meeting with the neighbors and they do not object to the proposal. Stoelting said he personally has no problem with the request. Koenig said she does not question what the proponent has done but does have questions about the procedure and what will happen when other areas in Associations that dissolve become available. She asked if they would have to go through a similar process. Franzen explained that they will find other situations coming forward in the future.They need to look at each request and determine what makes it different from other sites and to decide whether or not the City should approve the request or not allow it. They would need to look at the lot size and setbacks to determine whether or not it should be allowed on an individual basis. Kirk said that there are circumstances surrounding each individual outlot that they could face that would guide the Commission in different directions.Each case will stand on its own.He indicated that he would support the proposal being made today. EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 5 Motion: by Duckstad, seconded by Koenig,to close the public hearing.The motion carried,8-0. Motion: by Duckstad, seconded by Stoltz,to recommend approval of the Preliminary Plat of 27,979 square feet into one lot based on plans stamp dated June 7, 2006, and the staff report dated June 9,2006. The motion carried,7-1 with Powell voting nay. C. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION by Southwest Metro Transit Commission.Request for: • Planned Unit Development Concept Review on 10.1 acres. • Planned Unit Development District Review with waivers on 10.1 acres. • Zoning District Amendment within the 1-2 to Zoning District on 10.1 acres. • Site Plan Review on 10.1 acres. Location of the property is 14405 62na Street West. Dave Simoneau, Director of Operations&Maintenance for South West Metro Transit, explained that transit is growing 20 to 25 percent per year. They currently have 56 buses and have maxed out their bus storage and maintenance facility. Simoneau indicated that they are trying to maximize the use of this site and this proposal will carry them through 2009. Eric Jansen of LSA Design, explained that this plan focuses on getting enough buses on the site that addresses the needs of the southwest metro.Jansen presented an overview of the site stating that this would be a stand-alone bus storage facility on the south part of the site.The site expansion would accommodate straight in and straight out for 22 buses. They are also proposing to add an employee parking lot on the west part of the site and to add a fueling canopy to the existing fuel island. Jansen further explained that another major piece of this project is the capturing of additional storm water in the pond on the east end of the site. This will be a pre-manufactured building with concrete block and the colors will be similar to the existing building. Franzen presented the staff report indicating that staff is recommending approval according to the recommendations on Pages 3 and 4 of the staff report. Koenig asked how much this project would encroach on the shoreland area.Franzen explained that they would be approximately 50 feet from the creek and there is a 25-foot wetland buffer. Stoelting said staff has indicated that some waivers need to be approved.He asked Franzen to address those waivers.Franzen reviewed the waivers with the Commission and presented the various reasons for the waivers. EDEN PRAIRIE PLANNING COMMISSION June 12,2006 Page 6 Stoltz stated that the proponent has indicated that this project will carry them through 2009. He asked what they would do when they outgrow this facility. Simoneau responded that part of the issue right now is to accommodate the real-time growth.Eventually,they will have to look at communities where their service takes them and they may need to look at something west of Eden Prairie. Simoneau explained that they are in the process of looking for land further west.They will continue to use this facility but will have to expand in other areas. Motion by Stoltz, seconded by Koenig,to close the public hearing.The motion carried,8- 0. Motion by Stoltz, seconded by Powell,to recommend approval of the Planned Unit Development Concept Review on 10.1 acres,Planned Unit Development District Review with waivers on 10.1 acres,Zoning District Amendment within the I-2 Zoning District on 10.1 acres, and the Site Plan Review on 10.1 acres based on plans stamp dated May 24, 2006, and the staff report dated June 9,2006. The motion carried,8-0. VU. MEMBERS' REPORTS Kirk presented an update to the Commission on the Way Finding Committee. Stoelting said the Commission had received an invitation to the Going Green workshop.The workshop will be held on Tuesday, June 27, from 8:30 a.m.to 3:00 p.m. at the Minnesota Arboretum. VH1. CONTINUING BUSINESS Franzen said they are attempting to reschedule the Other Cities Bus Tour.He asked that the Commission members indicate which dates they are available. Franzen stated that the next meeting of the Commission is June 19 and they have two items for that meeting. There will be a joint Planning Commission and City Council workshop on July 18 beginning at 5:00 p.m.relative to the Guide Plan update.Also, on June 19 the consultant will give a presentation to the Commission relative to the Guide Plan updates. Franzen indicated that homeowners have difficulty coming up with hardships or unique circumstances for requesting a variance.He said he is proposing to modify the variance application to give the homeowners insight as to what they should include in their description for requesting the variance.They should look at things such as the impact on tree loss,the impact on wetland, small size variance,unusual size of lot, improving visual impact of home, utility easements impacting the location of the addition, etc. Franzen said he would try to have a revised application put together as soon as possible. IX. NEW BUSINESS X. PLANNERS' REPORT EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 7 X1. ADJOURNMENT Motion by Pitzrick, seconded by Kirk,to adjourn the meeting.The motion carried,8-0.The meeting was adjourned at 8:20 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 15, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Guide Plan Amendment—Town Center Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Amending the Comprehensive Plan. Synopsis - The text amendment adds"Town Center as a land use in Chapter 3 and replaces Market Center with `Town Center"in the goals and policies of Chapter 2. Town Center: A mixed use area of retail, residential, civic, and entertainment uses designed to foster walking and transit through a compact development pattern in accordance with the densities and planning principles of the Eden Prairie Major Center Area Study. The text amendment allows the current use of the properties to remain but also allows the property owners to redevelop in a manner that would allow a different and more intense use of the property but consistent with the City's vision for the area. Background Information On January 6, 2006 the City Council adopted the final draft report for the Eden Prairie Major Center Area Study. The 2030 vision talked about defining an area west of 212 on the south side of Lake Idelwild for a Town Center. Chapter 6.0 of the plan defined the Town Center as a mixed use area of retail,residential, civic, and entertainment uses.The mix of uses is designed to foster walking and transit through a compact development pattern. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the amendment to the Comprehensive Guide Plan at the July 24, 2006 meeting. Attachments • Resolution • Staff Report • Chapter 2 Text Amendment • Chapter 3 Text Amendment TOWN CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2006- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal The text amendment adds"Town Center as a land use in Chapter 3 and replaces Market Center with `Town Center"in the goals and policies of Chapter 2. Town Center: A mixed use area of retail, residential, civic, and entertainment uses designed to foster walking and transit through a compact development pattern in accordance with the densities and planning principles of the Eden Prairie Major Center Area Study. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie,Minnesota,hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: ADOPTED by the City Council of the City of Eden Prairie this 15th day of August,2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk I STAFF REPORT TO: Planning Commission FROM: Michael D.Franzen City Planner DATE: July 24, 2006 REQUEST: Amendment to 2002 Guide Plan Chapters 2 and 3 regarding a Town Center BACKGROUND On January 6,2006 the City Council adopted the final draft report for the Eden Prairie Major Center Area Study. The 2030 vision talked about defining an area west of 212 on the south side of Lake Idelwild for a Town Center. Chapter 6.0 of the plan defined the Town Center as a mixed use area of retail, residential, civic, and entertainment uses.The mix of uses is designed to foster walking and transit through a compact development pattern. TEXT AMENDMENT TO 2002 GUIDE PLAN The text amendment adds"Town Center as a land use in Chapter 3 and replaces Market Center with `Town Center"in the goals and policies of Chapter 2. Town Center: A mixed use area of retail, residential, civic, and entertainment uses designed to foster walking and transit through a compact development pattern in accordance with the densities and planning principles of the Eden Prairie Major Center Area Study. The text amendment allows the current use of the properties to remain but also allows the property owners to redevelop in a manner that would allow a different and more intense use of the property but consistent with the City's vision for the area. STAFF RECOMMENDATIONS Recommend approval of the Amendment to 2002 Guide Plan Chapters 2 and 3 regarding a Town Center Attachments 1. Text Amendment Chapter 2 2. Text Amendment Chapter 3 Staff Report—Guide Plan Amendment July 21,2006 Page 2 3. Chapter 6.0 MCA Plan 4. Proposed Land Use Plan Defining Town Center 2 City of Eden Prairie Comprehensive Plan Update CHAPTER 2 VISION, GOALS AND POLICIES 2.1 VISION 2001: A STRATEGIC also identified five critical areas and asked DIRECTION City officials to take a leadership role in addressing these issues: VISION STATEMENT Transportation, Public Safety, Economic In October 1997, the Eden Prairie City Growth, Natural Resources, and Leisure Council adopted the following Vision and Services. Strategic Management Value Statements which comprise the City's "Vision 2001: A In addition, residents identified five general Strategic Direction." themes that represented community value guidelines: ■ We will actively seek information 1. Do more with less — Increased through an open process and make decisions only after careful productivity utilizing existing facilities consideration. and services rather than major expansions. ■ We will balance competing 2. Optimize current services — Target needs/interests within the framework of efforts to ensure that needed services are community resources. provided efficiently and eliminate ■ We will make decisions that are fiscally unnecessary programs and services. sound and sustainable. 3. Support incrementalism over quantum ■ We will make decisions that support the change — Meet emerging needs through program expansion or contraction long-term needs and vision of the instead of sweeping changes. community. Pursue proactive negotiation — ■ We will foster a safe and caring 4. Aggressively pursue community community that welcomes and enhances interests with other governmental economic, ethnic, cultural, and life-cycle agencies. diversity. 5. Promote continuous communication — STRATEGIC INITIATIVES Disseminate information aggressively, Under the leadership of the Mayor and City strategically, and economically. Council, the City undertook a strategic Based on this input, City officials developed planning process in November 1997 that the following Strategic Initiatives: involved the residential and business community, policy makers and professional ➢ Develop and nurture strategic staff. Community members said the City is partnerships that are mutually doing a quality job of providing services and beneficial to optimize opportunities should enhance and improve current and creatively use resources. services, as needed. Community members 2-1 City of Eden Prairie Comprehensive Plan Update ■ Explore opportunities with adjacent Promote the development of the communities and strategic partners to Marketcenter Area. develop alternative public and leisure facilities. ➢ Reflect our community's diversity and changing demographics in our ■ Partner with the School District to provision of services and programs. cooperatively develop action plans to address common issues and Expand and intensify outreach to all problems. segments of the community (age, gender, nationality, economic ■ Develop and foster relationships with background) to increase local businesses and educational understanding and participation in institutions to support and grow the City programs and services. employment base within the community. Balance the level of staffing and resources needed to support the ■ Develop partnerships with other effective delivery of public services governmental agencies to ensure to reflect changing demographics., protection of our natural and cultural resources. Support life cycle housing to reflect the residential and business ■ Work with regional entities and the community demographics. private sector to coordinate overall transportation plans. ➢ Provide effective, timely and open i communication channels for City ➢ Invest resources in people, programs, residents and businesses to build facilities, and infrastructure to awareness and promote programs and support a vital community, protect services. our natural resources and preserve our heritage. Initiate a public information program utilizing a variety of venues to ■ Promote and support volunteerism promote City programs and services. throughout the community. ■ Develop a community plan to deal ■ Update the Park and Open Space with high profile interests and issues. System Plan to ensure affordability and reflect changing public interests. ■ Make "City Hall" more user- friendly. ■ Seek new revenue sources and alternative funding mechanisms for The City's Vision Statement and Strategic transportation initiatives. Initiatives have been used to guide the City's short and long range planning efforts, ■ Develop programs to communicate and have been translated into the following and preserve our cultural heritage. Goals and Policies to provide a framework for the Comprehensive Plan. 2-2 City of Eden Prairie Comprehensive Plan Update 2.2 GOALS AND POLICIES designed to help guide implementation efforts. INTRODUCTION Create: Bring about the desired goal, Goals and Policies are a detailed expression usually with City staff involved at all levels of a community's aspirations for the future from planning to implementation. May and can be considered the heart of the involve City financial assistance. Comprehensive Plan. The Goals and Policies appear toward the beginning of the Continue: Follow past and present Comprehensive Plan to provide the procedures to maintain desired goal, usually framework for the various roles and with City staff involved at all levels from responsibilities of the City in implementing planning to implementation. and achieving these aspirations. In other words,the goals and policies of the City will Encourage: Foster the desired goal through directly relate to the recommendations and City policies. Could involve City financial proposals contained within the assistance. Comprehensive Plan. Implementation Strategies will be provided at the Identi Catalog and confirm resource or conclusion of each separate element of the desired item(s) through the use of City staff Plan (e.g. Housing, Transportation, and actions. Facilities) to identify the resources, responsibilities and tasks that will be Maintain: Keep in good condition the necessary to guide the Plan's desired state of affairs through the use of recommendations to completion. City policies and staff. Financial assistance should be provided if needed. The Goals and Policies spell out various roles and responsibilities for the City. To Promote: Advance the desired state through better understand the City's role for each the use of City policies and stair activity at Goal and Policy, a number of key terms are all levels of planning. This may include 's correspondingfinancial support. i defined below with the Ci tY responsibility. Protect: Guard against a deterioration of the Goal: A general statement of community desired state through the use of City aspirations and desired objectives indicating policies, staff, and, if needed, financial a broad social, economic, or physical state assistance. of conditions that the community officially agrees to strive to achieve in various ways, Provide: Take the lead role in supplying the needed such as through the implementation of the financial and staff support to achieve Comprehensive Plan. the desired goal. The City is typically involved in all aspects from planning to Policy: An officially adopted course or implementation to maintenance. method of action intended to be followed to implement the community Goals. Support: Supply the needed staff support, policies, and financial assistance at all levels Implementation Strategies: The assignment to achieve the desired goal. of actions, responsibilities and resources 2-3 City of Eden Prairie Comprehensive Plan Update Sustain: Uphold the desired state through Work: Cooperate and act in a manner City policies, financial resources, and staff through the use of City staff, actions, and action to achieve the desired goal. policies to create the desired goal. PLANNING9 DEVELOPMENT AND GROWTH GOALS PLANNING, Create a Comprehensive Plan update that reflects both current criteria DEVELOPMENT and projected needs, but which is flexible enough to allow for future AND GROWTH change as determined to be appropriate by elected officials, citizens GOAL 1 and staff. Policies The City shall: 1. Review the Comprehensive Plan as necessary, but at a minimum every two years, to ensure its usefulness as a practical guide for current and future development. 2. Adopt and amend the Comprehensive Plan by City Council resolution upon recommendation by the Community Planning Board with input from City Staff. 3. Review all City codes, ordinances, and policies to ensure consistency with the Comprehensive Plan and any updates to the Plan. PLANNING, Continue to develop the City in accordance with the Comprehensive DEVELOPMENT Plan to ensure that all future development and redevelopment will AND GROWTH reflect the elements of the Comprehensive Plan and a consistent GOAL 2 development policy. Policies The City shall: 1. Inform all City residents, property owners, business owners and interested parties of the designations, policies and recommendations contained within the Comprehensive Plan, and of any updates and/or amendments to the plan. This shall be accomplished through typical legal notification requirements and through the publication from time to time of articles, fact sheets, or information on the City's web page that may help to inform the public of new or revised City policies. 2-4 City of Eden Prairie Comprehensive Plan Update 2. Amend codes and policies to eliminate confusing language and to create user-friendly documents,the purposes and benefits of which are clearly stated to the user. PLANNING, Maintain the Council/Manager form of Government and the use of DEVELOPMENT Advisory Boards and Commissions. AND GROWTH GOAL 3 Policies The City shall: 1. Continue to involve residents, property owners, business owners, and interested parties in the process of development decisions. 2. Provide general community information as well as specific development details to interested community members and organizations in a timely manner. 3. Adopt and adhere to schedules for advisory Board and Commission meetings and review of development proposals. 4. Communicate information on city events, development proposals, and other information to the general public through the use of the media, the City's web site, informational brochures, and other widely distributed forms of communication. 5. Maintain a strong level of confidence in City advisory Boards and Commissions, member selection, Board and Commission continuing education, and open lines of communication with the City Council. PLANNING, Support continued development of Eden Prairie's Major Center Area, DEVELOPMENT including a focus on the Town Center Area and the Eden Prairie AND GROWTH Center. GOAL 4 Policies The City shall: 1. Support and promote I-494 improvements, as identified in the I-494 EIS. 2. Support and promote the development of Highway 212/312. 2-5 City of Eden Prairie Comprehensive Plan Update 3. Identify redevelopment projects and potential project sites that may be eligible for TIF funds and other incentives that may be currently available through the existing Major Center Area TIF District,and work with property owners to further explore such projects. 4. Promote the use of Planned Unit Developments, as may be appropriate,throughout the Major Center Area to generate both higher intensity uses and a compatible mix of land uses. 5. Support transit and pedestrian accessibility and connectivity as part of all redevelopment projects. 6. Require development within the Major Center Area to meet architectural performance standards that assure the creation of attractive, functional and unique buildings. PLANNING, Coordinate growth in the Town Center Area and adjacent Highway DEVELOPMENT 212/312 Corridor areas to reflect the City's Marketcenter Design AND GROWTH Framework. GOAL 5 Policies The City shall: 1. Encourage development features and components that create a vital core area. 2. Promote a variety of building designs, but establish guidelines to maintain continuity in building materials and streetscape. 3. Work with private property owners to develop a comprehensive trail system to link commercial developments, public facilities, open spaces and adjoining residential developments. 4. Establish the Town Center Area as the commercial and civic focal point within the City. 5. Utilize common elements such as plazas, public structures, streetscape, pedestrianways, etc., to establish an identity in the Town Center Area. 2-6 City of Eden Prairie Comprehensive Plan Update PLANNING, Support the development of the Southwest Metro Transit Hub land area. DEVELOPMENT AND GROWTH GOAL 6 Policies The City shall: 1. Support the efforts of Southwest Metro Transit to develop a transit hub on its property at the southwest corner of Highway 5 and Prairie Center Drive in Eden Prairie. 2. Promote and encourage the types of mixed use development in the Eden Prairie Center and Marketcenter areas that would be conducive to and supportive of the development of a transit hub. 3. Consider, through the PUD process on a case by case basis, the granting of bonuses and incentives to allow for the higher intensity uses that will be supportive of a transit hub. 4. Encourage compact and pedestrian friendly mixed use developments that offer the type of retail and convenience services that will be utilized by both transit customers and destination shoppers. 5. Consider opportunities for shared parking between transit parking lots that would predominantly be used during daytime business hours and those land uses (such as entertainment and dining) that could utilize these parking facilities during evening and weekend hours when transit is not running its peak service. PLANNING, Continued redevelopment efforts throughout the City that are DEVELOPMENT determined to be necessary and beneficial to the economic health of AND GROWTH the community. GOAL 7 Policies The City shall: 1. Encourage, as may be appropriate on a case by case basis, the use of development tools such as the PUD process, tax increment financing, and/or other financial and development incentives to promote redevelopment in desired areas. 2-7 City of Eden Prairie Comprehensive Plan Update 2. Assist in the identification of and support appropriate redevelopment and reuse projects for the industrial area located at Industrial and Carlson Drives and for the BFI Landfill area. MOUSING GOALS HOUSING Promote and encourage the provision of lifecycle housing opportunities GOAL 1 for all age groups, household sizes and income levels. Policies The City shall: 1. Continue to ensure that affordable rental and ownership housing stock is increased to the levels recommended in the City's Livable Communities Goals and Strategies adopted in 1996. 2. Encourage development projects that integrate living and working environments. Housing in the downtown area should provide access to both jobs and services. 3. Encourage a variety of housing types and price ranges through innovative architecture and land use mixes. This may be accomplished through the use of the Planned Unit Development process. 4. Attempt to provide lower cost, non-subsidized housing through construction of multiple family units. 5. Determine median values of owner-occupied, single family homes and median values of owner occupied multiple family units to verify the assumption that multiple family housing costs are lower than single family costs. 6. Encourage high density, single family or multiple family, owner occupied or rental, development, on Eden Prairie's remaining undeveloped land,where appropriate. 7. Encourage"independent" and"assisted-living"housing for senior residents. 8. Encourage elderly and affordable housing throughout the City and provide quality services required by these residents. 9. Promote the use of the PUD process and incentives such as density bonuses to encourage higher density developments in the Major Center Area, as appropriate. 10. Consider enacting community development practices that will lower the cost of development by encouraging use of cluster lots and smaller lots, where appropriate, and discouraging the use of streets terminating with cul-de-sacs. 2-8 City of Eden Prairie Comprehensive Plan Update 11. Encourage development of neighborhoods using neo-traditional planning practices (techniques that are transit friendly, encourage community formation, and discourage isolation and automobile dependence). HOUSING Use full authority of the City and its Housing and Redevelopment GOAL 2 Authority (HRA) to support development and maintenance of low to moderate income, elderly, and special needs housing developments. Policies The City shall: 1. Investigate the acquisition of property that can be used for low to moderate income housing for owner-occupied and rental housing. 2. Use subsidies such as tax increment financing where possible to place "Section 8" renters in market rate housing. 3. Encourage the maintenance and improvement of existing housing through applicable programs such as the Deferred Loan Program. 4. Evaluate the Deferred Loan Program to determine the need for more funding as.demand increases. Develop plans to secure additional funds as needed. 5. Support efforts to develop quality, affordable housing developments that are long-lasting, indistinguishable from neighboring market rate housing, and well-maintained and managed. 6. Maintain the existing housing supply and consider adopting an owner and renter maintenance housing code and enforcement program. HOUSING Lower development costs of low to moderate income, elderly, and GOAL 3 special needs housing developments. Policies The City shall: 1. Continue using Housing Revenue Bonds for low to moderate income and elderly housing projects. 2-9 City of Eden Prairie Comprehensive Plan Update 2. Seek innovative methods to impact market rent costs as appropriate. 3. Consider methods of reducing fees for innovative development projects meeting housing goals. 4. Support housing development costs through the use of CDBG Funds, Tax Increment Financing, and other available means and incentives, as appropriate. 5. Determine if current ordinances, subdivision regulations, and building codes are adding unnecessary cost to development. 6. Continue to encourage the reduction of development costs where appropriate to increase the supply of affordable housing. 7. Ensure that a portion of the City's remaining land is developed as affordable housing. 8. Encourage developers to present plans that offer creative, single and multiple family housing at low or moderate cost. 9. Consider, through the PUD process on a case by case basis, the granting of bonuses and incentives to allow for higher density developments with a greater percentage of affordable units. 10.Purse funding partnerships with public and private nonprofit sectors, and regional, state, and federal agencies,to help close finance gaps on subsidized housing developments. HOUSING Work in partnership with private and public sectors, and regional, GOAL 4 state, and federal agencies to help finance innovative demonstration projects and housing techniques. Policies The City shall: 1. Continue to take advantage of demonstration projects as the opportunity arises. 2. Seek out citizen input that represents varied city interest groups, including neighborhood associations, school groups, commissions, committees,the business community, etc. 3. Seek ways to identify the City's land use needs, such as housing costs and availability, transportation and transit issues, and city amenities. 4. Communicate the City's accomplishments in terms of meeting existing planning goals, current development achievements, current mix of housing, opportunities for citizen 2-10 City of Eden Prairie Comprehensive Plan Update participation, and relationships with other communities to the overall community, as appropriate. HOUSING Pursue and implement the Livable Communities Goals and Strategies GOAL 5 (adopted by the City in 1996). Policies The City shall pursue the following adopted livable communities goals and strategies, summarized as follows: 1. Ownership Housing: Thirty percent of all new ownership housing units will have values less than $132,000. The City estimates an additional 5,250 ownership units to be developed by 2010,with 30%representing 1,575 total affordable units, or 105 per year. 2. Rental Housing: Three hundred fifty new affordable rental housing units should be constructed between 1996 and 2010, which are about 23 units per year. This represents 20% of the 1,750 total new rental units expected to be built over the next fifteen years. Two hundred eighty of the 350 affordable units should be affordable to persons with incomes below 60% of metro median, and 70 units should be affordable to persons with incomes below 50%of metro median. 3. Affordable & Life Cycle Housing Opportunities Amount: To participate in the Livable Communities program, the City must agree to spend a certain amount of local funding to meet its housing goals. This funding, referred to by the Metro Council as the Affordable and Life Cycle Housing Opportunities Amount(ALHOA), is determined by the Metro Council. 4. Rental Housing Mix: Total rental housing at full development will represent 25% of all housing units. 5. Life-Cycle Housing Mix: Multiple family housing at full development will represent 43%of the total City housing stock. 6. Housing Density: The average housing densities in new Single Family detached developments will be at least two units per acre. The average density in new Multiple Family attached developments will be at least 10 units per acre. SOCIAL GOALS SOCIAL Reflect the community's diversity and changing demographics in the GOAL 1 City's provision of services and programs. 2-11 City of Eden Prairie Comprehensive Plan Update Policies The City shall: 1. Expand and intensify outreach to all segments of the community (age, gender, nationality, economic background) to increase understanding and participation in City programs and services. 2. Balance the level of staffing and resources needed to support the effective delivery of public services to reflect changing demographics. 3. Support life cycle housing to reflect the residential and business community demographics. SOCIAL Maintain high-quality living and working environments in all residential GOAL 2 and commercial areas of the City. Policies The City shall: 1. Maintain a balanced variety of housing and employment opportunities to support an economically and generationally diverse population. 2. Coordinate and promote the regional availability of social services required to support all segments of the population and promote communication and awareness about the availability of such services. FISCAL AND ECONOMIC GOALS FISCAL AND Continue to follow the City's adopted Financial Policy Guidelines set ECONOMIC forth as the basic framework for the overall fiscal management of the GOAL 1 City. This framework shall enable the City to maintain a sound fiscal policy that will support the value of investments within the City. Policies The City shall: 1. Maintain a municipal budget that details revenue and expenditures. 2. Pursue all appropriate capital and operational grant programs. 2-12 City of Eden Prairie Comprehensive Plan Update 3. Review and update the Capital Improvement Plan on an annual basis. p p P 4. Strive for the highest bond rating and maintain a sound relationship with all bond rating agencies,keeping the agencies informed about all current capital projects. 5. Encourage and support businesses and industrial development that will provide a variety of employment opportunities and a diversified tax base that balances appropriate system impacts(i.e.transportation system demands). 6. Encourage the continuation of volunteer services such as a volunteer fire department and police reserve. 7. Work with the School Districts on Joint Fiscal policies. FISCAL AND Establish and maintain charges and fees for resident and ECONOMIC development services at a fiscally sound and equitable level. GOAL2 Policies The City shall: 1. Maintain its practice of requiring development to provide and pay for infrastructure improvements where necessary to minimize development impact. 2. Reflect the cost of City Staff services that are attributable to development activities in the cost of application, development, and permit fees,where possible. 3. Monitor land use and development patterns to determine if new growth is fulfilling the City's objectives pertaining to tax base and rates as well as development quality and staging. NATURAL AND CULTURAL RESOURCES GOALS NATURAL AND Maintain a balance between conservation/management of natural and CULTURAL cultural resources and the need for residential, commercial, industrial RESOURCES and other urban uses. GOAL 1 Policies 2-13 City of Eden Prairie Comprehensive Plan Update The City shall: 1. Identify and designate environmentally sensitive and critical areas, and establish development policies for public or private management of the resources. 2. Reserve and manage all natural resource amenities that are viable and sustainable. 3. Encourage development that provides, reserves and manages natural resource amenities that are viable and sustainable. 4. Identify and designate specific boundaries of all natural resource areas. 5. Prepare and practice a program of resource management for public conservation/resource areas. 6. Provide and implement a local Stormwater Management Plan to coordinate with policies and plans of Nine Mile Creek, Riley/Purgatory Creek, and Lower Minnesota River Valley Watershed Districts. NATURAL AND Strive to protect the City's high and exceptional quality natural CULTURAL resources and environmentally assets as the City continues to develop. RESOURCES GOAL 2 Policies The City shall: 1. Implement ecologically-based management plans to sustain the City's environmentally sensitive areas, with consideration given to water quality, wetland protection preservation of wildlife habitat, erosion control regarding bluff and steep slope stabilization, and woodland preservation. 2. Implement and enforce the priorities and recommendations of the Comprehensive Wetland Protection and Management Plan adopted by the City in January 2000. 3. Develop, update and implement development ordinances to ensure adequate setbacks, provide appropriate slope and shoreline buffers, guarantee Best Management Practices, and set forth procedures to assist public and private property owners in the maintenance and conservation of the City's natural resources. 4. Consider opportunities where it may be in the public interest to acquire natural resources PP Y P q throughout the City to ensure their protection from degradation and assure their availability to the public as environmental assets. 2-14 City of Eden Prairie Comprehensive Plan Update 5. Develop partnerships with other governmental agencies to ensure protection of the City's natural resources. NATURAL AND Development of the Purgatory Creek Recreation Area for CULTURAL preservation of a vital natural resource corridor and to provide a RESOURCES significant open space amenity for passive citizen use. GOAL 3 Policies The City shall: l. Strive for the development of the first phase of the Purgatory Creek Recreation Area within the next five-year period. 2. Continue to commit the necessary land parcels and other appropriate resources for the Purgatory Creek Recreation Area development. 3. Pursue the full implementation of the development project at such time as all of the necessary parcels have been assembled, abutting land uses have matured and additional community facility needs exist. 4. Provide pedestrian trails within the corridor and linkages to other public recreation areas that incorporate the appropriate safety features for pedestrian crossings at streets and vehicular access points. 5. Implement an ecologically-based resource management plan for the corridor to ensure the preservation and maintenance of its ecological integrity. NATURAL AND Strive to protect the City's culturally significant resources, including CULTURAL historical and archaeological properties, when appropriate. RESOURCES GOAL4 Policies The Ci ty ty shall: 1. Heritage Preservation Commission shall review and update, as appropriate, its cultural resources inventory. 2-15 City of Eden Prairie Comprehensive Plan Update 2. The City Staff shall review and recommend updates, as appropriate, to the City's Historic Preservation Ordinance. 3. The Heritage Preservation Commission shall consider and recommend properties for historic site designation. 4. The Heritage Preservation Commission shall make recommendations for design review of proposed changes, alterations or modifications to registered historic properties. 5. The Heritage Preservation Commission shall implement a range of public education activities regarding the City's culturally and historically significant properties. 6. Develop partnerships with other governmental agencies to ensure protection of the City's cultural resources. TRANSPORTATION GOALS TRANSPORTATION Provide and maintain a safe, convenient, effective, and energy GOAL 1 efficient local transportation system for the movement of people, goods, and services. Policies The City shall: 1. Implement strategies and recommendations of the City's Transportation Plan adopted by the City in 1997. 2. Identify and vigorously pursue cost effective roadway system improvements and congestion mitigation. 3. Plan for, develop, and maintain a system of pedestrian trails that service both recreational and transportation uses. 4. Promote public transit in Eden Prairie that serves all residents and provides special transit services for commuters, the elderly, and handicapped with regular service from neighborhood sectors to the Major Center, commuter routes, and park-n-ride service facilities. 5. Continue to cooperate with the Minnesota Department of Transportation, Hennepin County, Southwest Metro Transit, the Metropolitan Council, other regional agencies involved in transportation planning, adjacent cities and counties, and the private sector to continue to provide the most effective transportation system for the city. 2-16 City of Eden Prairie Comprehensive Plan Update 6. Increase enforcement of existing traffic laws through the involvement of neighborhood groups, citizen watches, and aggressive police and city action. TRANSPORTATION Implementation of Interstate 494 and Highway 212/312 GOAL 2 improvement and expansion plans. Policies The City shall: 1. Support and promote I-494 improvements, as identified in the 1-494 EIS. Pursue creative ways to minimize the impact of the roadway enlargement on adjacent land uses. 2. Coordinate the 1-494 expansion plans with any redevelopment plans for adjacent properties to ensure effective links and minimal conflicts where possible. 3. Support and promote the expansion of Highway 212/312 as a public,non-toll road. 4. Implement and integrate the Marketcenter Design Framework as appropriate as part of the Highway 212/312 expansion. 5. Consider a policy of whether to acquire right-of-way for the Highway 312 expansion and otherwise reserve land for the new alignment of the roadway. 6. Adopt and enforce design guidelines for all new development along the proposed roadway expansions (including guidelines for buildings, landscaping, streetscaping and access points) that will reflect and not conflict with the proposed new roadway locations and adjacent development sites. 7. Update the City's Transportation Plan as necessary and appropriate upon the installation of the 1-494 and Highway 212/312 roadway improvements. TRANSPORTATION Promote the development of a Southwest Metro Transit Hub. GOAL Policies The City shall: 1. Support the efforts of Southwest Metro Transit to develop a transit hub on its property at the southwest corner of Highway 5 and Prairie Center Drive in Eden Prairie. 2-17 City of Eden Prairie Comprehensive Plan Update 2. Support the projected growth of the Golden Triangle Area with adequate transportation infrastructure and build upon the proximity of the area to the proposed Southwest Metro Transit Hub in pursuing development projects. 3. Pursue the appropriate links in the transportation system to provide access to and from the Southwest Metro Transit Hub to other points throughout the City. TRANSPORTATION Reduce single occupant vehicle demand on the transportation GOAL 4 system by providing a variety of valid transportation alternatives. Policies The City shall: 1. Promote and support the development of the Golden Triangle Transportation Management Association(GTTMA). 2. Develop a Travel Demand Management (TDM) policy that encourages Eden Prairie businesses to implement effective TDM plans. 3. Promote and support the efforts of Southwest Metro Transit to provide quality, efficient, and low-cost transit services. 4. Support the construction of High Occupancy Vehicle (HOV) access to the regional freeway system. 5. Encourage compact and pedestrian friendly mixed-use developments that offer the type of retail and convenience services that will minimize peak hour traffic demand. 6. Continue development of a trail and sidewalk system that provides a valid transportation alternative. 7. Support regional transit initiatives such as High Speed Busways, Light Rail Transit, and Commuter Rail. AVIATION GOALS 2-18 i of Plan City Eden Prairie Comprehensive P a Update AVIATION Promote land use compatibility between Flying Cloud Airport and GOAL 1 surrounding land uses. Policies The City shall: 1. Review proposed development on land proximate to the airport, and notify the Metropolitan Airports Commission of any proposals, to determine consistency between proposed development and the airport with respect to safety and noise. 2. Support implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance No. 51 Between the City of Eden Prairie and the Metropolitan Airports Commission entered into on December 17,2002. 3. Support maintaining the Flying Cloud Airport as a"minor use" airport not improved beyond the design criteria of this functional classification. AVIATION Minimize the impact of aircraft noise upon noise-sensitive land uses. GOAL Policies The City shall: 1. Support the Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise for new development. 2. Support implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance No. 51 Between the City of Eden Prairie and the Metropolitan Airports Commission entered into on December 17,2002. 3. Encourage and support the noise abatement programs for the airport. AVIATION Support action by the Metropolitan Airports Commission to protect GOAL 3 land areas within defined State Safety Zones. Policies 2-19 City of Eden Prairie Comprehensive Plan Update The City shall: 1. Support the Metropolitan Airports Commission in acquiring undeveloped property at fair market value impacted by State Safety Zones A and B if applied to Flying Cloud Airport. 2. Support payments in lieu of taxes to recover lost City revenue that would be realized if acquired land were developed for private, commercial uses. AVIATION Protect all primary, horizontal, conical approach, transitional and GOAL 4 general airspace from vertical intrusions. Policies The City shall: 1. Review development proposals based on meeting FAA and MnDOT Office of Aeronautics airspace criteria. 2. Notify the FAA, MnDOT Office of Aeronautics, and Metropolitan Airports Commission of any development proposals that may involve review of FAA and MnDOT Office of Aeronautics airspace criteria. AVIATION Establish and implement a Design Framework Manual for existing GOAL 5 and new development at Flying Cloud Airport. Policies The City shall: 1. Support extension of municipal sanitary sewer and water to the airport. 2. Develop guidelines for architectural continuity for new building and hangar construction, including guidelines for signs, lighting, and screening of trash areas. 3. Work to eliminate or replace deteriorating first generation hangar buildings. 4. Support landscaping improvements on airport property to help mitigate noise and visual impacts to neighboring properties. 2-20 City of Eden Prairie Comprehensive Plan Update PUBLIC SERVICES AND FACILITIES PUBLIC Provide adequate services and facilities required to protect and SERVICES AND maintain the health, safety, and welfare of citizens and visitors. FACILITIES Maintain adequate facilities and active and passive open space to GOAL 1 meet the recreational needs of residents. Policies The City shall: 1. Make public expenditures according to the City's prioritized capital improvements program, which shall be reviewed annually. 2. Implement the recommendations of the Water Supply Plan adopted by the City in 1995. 3. Continue to review and update, as needed,the sewer and water supply system plans. 4. Identify and secure the necessary acreage to provide storage and operational support to Parks and Recreation and Public Works Service Areas. 5. Implement and enforce the goals, policies, strategies and recommendations of the Comprehensive Park and Open Space Plan, draft dated 2000. PUBLIC Provide the public safety services and facilities necessary for the SERVICES AND protection, operation and use of public and private property in the FACILITIES City,and for the protection of public and private investment. GOAL2 Policies The City shall: 1. Maintain adequate special police services. 2. Pursue available police, fire, and health services grants that are considered to be affordable at the end of the grant term. 3. Support the volunteer fire department concept. 4. Maintain cooperative mutual support agreements with neighboring departments. 2-21 City of Eden Prairie Comprehensive Plan Update 5. Identify and reserve sites for future public safety services. PUBLIC Develop and nurture strategic partnerships that are mutually SERVICES AND beneficial to optimize opportunities and creatively use resources. FACILITIES GOAL 3 Policies The City shall: 1. Explore opportunities with adjacent communities and strategic partners to develop alternative public and leisure facilities. 2. Partner with the School District to cooperatively develop action plans to address common issues and problems. 3. Develop and foster relationships with local businesses and educational institutions to support and grow the employment base within the community. 4. Develop partnerships with other governmental agencies to ensure protection of our natural and cultural resources. 5. Work with regional entities and the private sector to coordinate overall transportation plans. PUBLIC Invest resources in people, programs, facilities, and infrastructure to SERVICES AND support a vital community, protect the community's natural FACILITIES resources and preserve the community's heritage. GOAL Policies The City shall: 1. Promote and support volunteerism throughout the community. 2. Update the Park and Open Space System Plan to ensure affordability and reflect changing public interests. 3. Seek new revenue sources and alternative funding mechanisms for transportation initiatives. 4. Develop programs to communicate and preserve our cultural heritage. 2-22 City of Eden Prairie Comprehensive Plan Update 5. Promote the development of the Marketcenter Area. PUBLIC Provide effective, timely and open communication channels for City SERVICES AND residents and businesses to build awareness and promote programs FACILITIES and services. GOAL 5 Policies The City shall: 1. Initiate a public information program utilizing a variety of locations to promote City programs and services. 2. Make"City Hall"more user-friendly. 3. Provide current information regarding City programs and events through internet access. 4. Maintain an available line of communication open to the public through internet access. 2-23 City of Eden Prairie Comprehensive Plan Update CHAPTER 3 LAND USE ELEMENT 3.1 LAND USE INVENTORY also includes a variety of office, commercial and industrial land uses that comprise almost The Land Use Element begins with an 11 percent of the City's area. inventory of existing land use and vacant land within the community. The chapter LAND USE TRENDS follows with information regarding future development/redevelopment opportunities, In comparing historical and existing data, it and concludes with sections covering special is important to note that methods of land issue areas, historic preservation, and solar calculation differed. The existing 2000 access. calculations were done on computer, using measurements of mapped areas prepared EXISTING LAND USE with geographic information systems software. Prior to 2000, the calculations Figure 3.1 illustrates the existing land use were done by non-computerized methods. pattern in the City of Eden Prairie, while Therefore, the base numbers used for Table 3.2 breaks each land use category historical comparisons are not completely down into approximate acreages. The City consistent. Comparisons are made best by of Eden Prairie occupies approximately looking at the percent of total acres that each 22,600 acres. Of the total area, 18,792 acres category represents. or 83 percent are now developed. Table 3.1 shows that the proportion of land Residential uses comprise 6,625 acres, or 29 in each of these categories has increased percent of the City's total area. The largest over time, indicating a continual reduction residential land use is low density residential in the undeveloped land in the city. at 23 percent of land area. Medium density residential uses include just over 5 percent of land area while high density residential Table 3.1 uses make up just over one-half percent of Historical Land Use, 1978-2000 the City's land area. 1978 2001 Percentage of Percentage of Park and Open Space currently make up Land Use Type Total Acres Total Acres almost 21 percent of the City's area while Residential 13.8% 29.3% public right-of-way is almost 14 percent. Commercial 1.2% 2.37% Off ce/Industrial 4.4% 4°/ (Although the City's street system is not yet x 8.1 0 completed, the City has reserved much of Source: City of Eden Prairie,July 6,2001 the right-of-way that will be needed as the remaining vacant land develops.) The City 3-1 City of Eden Prairie Comprehensive Plan Update Table 3.2 City of Eden Prairie Existing Land Use,July 6,2001 Acres % Total Land Use Type Acres Residential 6,625.76 29.3% Low Density Residential 5,275.51 23.34% Low Density Residential/Public/Open Space 0 0 Medium Density Residential 1,195.55 5.29% Medium Density Residential/Office 0 0 High Density Residential 154.70 0.68% Commercial 536.46 2.37% Regional Commercial 427.66 1.89% Community Commercial 67.74 0.29% Neighborhood Commercial 41.06 0.18% Office 453.83 2.00% Office 453.83 2.00% Office/Industrial 0 Medium Density Residential/Office 0 Industrial 1,387.92 6.14% Industrial 1,387.92 6.14% Industrial Office 0 0 Park/Open Space 4,694.60 20.77% Park/Open Space 4,694.60 20.77% Office/Public/Open Space 0 Public/Quasi-Public 1,480.82 6.55% Church/Cemetery 219.36 0.97% Rural/Vacant 2,116.42 9.36% Water 1,926.98 8.53% Right-of-Way 3,151.32 13.95% Total 22,594.46 100% Land Within MUSA 19,796.62 87.61 Land Outside of MUSA 2,800.92 12.39 Source: City of Eden Prairie,July 6,2001 3.2 FUTURE LAND USE and development review. The Plan is specific enough to guide many day-today Development has followed a prescribed development decisions and provides the process to ensure thoughtful integration of policies, standards, and principles that serve natural beauty with physical development. as the basis for updating the zoning To guide land use and development,the City ordinance and other development controls prepared and continually updated its Land that the City enforces. Use Guide Plan. The original Land Use Guide Plan Map was created in 1967 with a LAND USE CATEGORIES majority of it still represented today. The City uses the Comprehensive Land Use The Land Use Guide Plan densities and Guide Plan to develop recommendations in areas of land use, supportive infrastructure, 3-2 City of Eden Prairie Comprehensive Plan Update classifications are a general guide, while the district. zoning standards govern for actual development practice. Figure 3.2 is the Commercial Land Use Guide Plan for 2000-2020, showing the land uses for which individual Neighborhood Commercial: This category parcels are guided. The City's existing includes areas that specifically provide retail zoning map is shown in Figure 3.3. The stores, offices, and personal service definitions of the Land Use Guide Plan establishments for the residents of the designations and an explanation of how they immediate neighborhood areas. The correspond to zoning districts are as corresponding zoning district is the N-COM described below. District. Typical developments consist of 50,000 square feet or less. Residential Community Commercial: This category Low Density Residential: This category provides areas for retail stores, offices, and allows a gross residential density between 0 personal service establishments for the and 2.5 dwelling units per acre. Typical residents of the immediate community area. development includes single family The corresponding zoning district is the C- detached dwellings. Corresponding zoning COM District. Typical developments consist districts include the Rural, R1-44, R1-22, of 200,000 square feet or less. and R1-13.5 districts. Attached housing may occur in land guided low density, Regional Commercial: This category is provided it meets these density requirements located in areas where one or more of the and transitions appropriately to adjacent following characteristics are present: a) developments. large sites are available to provide locations for major shopping centers which serve a Medium Density Residential: This category wider region than the City itself; b) allows a gross residential density between relatively large sites for sales and service 2.5 and 10 dwelling units per acre. Typical operations that are not typically found in development includes single family shopping center structures and attract little detached dwellings, in addition to multiple or no pedestrian traffic; and c) sites to family attached dwelling units that are provide limited sales and service operations approved either through conventional that are oriented and directly related to platting or a planned unit development. highway or freeway uses, tourists and Corresponding zoning districts include the travelers. Corresponding zoning districts are R1-9.5 district and the RM-6.5 (multi- the C-Reg, C-Reg-Ser and the C-Hwy family) district. districts. High Density Residential: This category Town Center: A mixed use area of allows a gross residential density between retail, residential, civic, and 10 and 40 dwelling units per acre. Typical entertainment uses designed to development includes multiple family attached dwelling units that are approved foster walking and transit through either through conventional platting or a a compact development pattern in planned unit development. The accordance with the densities and corresponding zoning district is the RM-2.5 planning principles of the Eden 3-3 City of Eden Prairie Comprehensive Plan Update Prairie Major Center Area Study. uses such as land held by associations, golf courses, country clubs, and private schools. Office Open Water This category designates land for a variety of professional office purposes including This category includes water bodies such as general business and professional uses. The corresponding zoning district includes the OFC district. creeks,rivers, lakes and ponds that are classified by the Minnesota Department of Industrial Natural Resources. Industrial Park: This category reserves land Right-of-Way for industrial and related activities with minimal adverse impact to differing land This category includes all existing and use. Acceptable land uses include reserved platted public rights-of-way. manufacturing, warehousing, and limited office uses. Corresponding zoning districts EXISTING AND Fu ruxE LAND USE include the I-2 and I-5 districts. COnrnARISONS General Industrial: This category provides The acreages included in each of the Land locations where industries that need larger Use Guide Plan categories are provided in sites and outside storage, screened from the Table 3.3. A comparison of the changes views of differing land uses,that can operate in land use designation between the existing without adverse effects on other uses. The land use map and the Land Use Guide Plan corresponding zoning district is the I-GEN is shown in Table 3.4. district. The most significant difference in the Public/Quasi-Public Facilities acreages of existing and guided land use categories is seen in the residential land Public: This category designates land for uses. The Guide Plan shows an additional community facilities, municipal buildings 1,359 acres of residential land for future and other public use, including city hall, residential development. This is mostly due Flying Cloud Airport, fire stations, public to the land guided for low density residential schools, and publicly-owned parks and open use, generally in the southwest quadrant of spaces. Government-operated facilities may the City. Due to constraints such as steep occur in any zoning district. slopes,wetlands and floodplain areas,not all of this land is developable. The City's Quasi-Public: This category includes future development potential is discussed in privately-owned uses that resemble public the Vacant Land Analysis. 3-4 City of Eden Prairie Comprehensive Plan Update Table 3.3 City of Eden Land Use Guide Plan,2001-2020 Land Use Type Acres % Total Acres Residential 7,985.24 35.3% Low Density Residential 6,391.52 28.28% Low Density 76.23 0.37% Residential/Public/Open Space Medium Density Residential 1,279.04 5.66% Medium Density Residential/Office 31.56 0.13% High Density Residential 206.9 0.91% Commercial 630.52 2.79% Regional Commercial 496.07 2.19% Community Commercial 73.26 0.32% Neighborhood Commercial 61.20 0.27% Office 646.66 2.86% Office 602.81 2.66% Office/Industrial 12.29 0.54% Medium Density Residential/Office 31.56 0.13% Industrial 1,442.70 6.38% Industrial 1430.41 6.33% Office/Industrial 12.29 0.54% Park/Open Space 5,129.79 22.70% Public/ uasi-Public 1459.19 6.46% Church/Cemietery 221.05 0.98% Rural/Vacant 0 0.0% Water 1,926.98 8.53% Right-of-Way 3,151.32 13.95% Total 22,597.54 100% Land Within MUSA 19,796.62 87.6% Land Outside ofMUSA 2,800.92 12.4% Source: City of Eden Prairie,2000 Vacant Land Analysis Utilizing a geographic information system (GIS), the City created a summary of how Much of the increase between year 2000 all the remaining vacant land is guided in the existing land uses and guided land uses for 2001-2020 Land Use Guide Plan. This 2001-2020 comes from a reclassification of redesignation of vacant acres to developed vacant acreage to developed acreage. land is shown in Table 3.5. 3-5 City of Eden Prairie Comprehensive Plan Update Table 3.4 Table 3.4(Revised 07-06-01) Comparison of Existing and Guided Land Uses,2001-2020 Existing Guided Remaining Land Use Land Use Guided Land Use Type Acres Acres Acres Residential 6,625.76 7,985.24 1,359.48 Low Density Residential 5,275.51 6,391.52 1,116.00 Low Density Residential/Public/Open Space 0 76.23 76.23 Medium Density Residential 1,195.55 1,279.04 83.49 Medium Density Residential/Office 0 31.56 31.56 High Density Residential 154.70 206.90 52.20 Commercial 536.46 630.52 94.08 Regional Commercial 427.66 496.07 68.41 Community Commercial 67.74 73.26 5.52 Neighborhood Commercial 41.06 61.20 20.14 Office 453.83 646.66 192.82 Office 453.83 602.81 148.98 Office/Industrial 0 12.29 12.29 Medium Density-Residential/Office 0 31.56 31.56 Industrial 1,387.92 1,442.70 54.78 Industrial 1,3 87.92 1,430.41 42.49 Office/Industrial 0 12.29 12.29 Public/Quasi-Public 1,480.82 1,459.19 -21.63' Park/Open Space 4,694.60 5,129.79 435.20 Park/Open Space 4,694.60 5,051.60 357.00 Office/Public/Open Space 0 78.20 78.20 Church/Cemetery 219.36 221.05 1.69 RuralNacant 2,116.42 0 0 Water 1,926.98 1,926.98 0 Right-of-Way 3,151.32 3,151.32 0 Total 22,594.46 22,594.46 2,116.42 Source: City of Eden Prairie,2001 ' There are currently more lots with an existing.public/quasi-public land use than are guided for this land use. 3-6 City of Eden Prairie Comprehensive Plan Update -The City's proposed Land Use Guide Plan development. This includes unbuildable guides the majority of existing vacant land acreage such as wetlands, floodplains, and for residential use. Table 3.6 shows the steep slopes. An approximate density has potential residential land availability based been assigned to each Land Use Guide Plan on the existing and guided land use values. category, based on the corresponding zoning The remaining guided land use acreage has districts, to determine the number of been converted to a remaining developable potential new housing units. acreage by eliminating land restricted for Table 3.5 Vacant Acreage by Guided Land Use Guided Acres JLand Use Category From Vacant Land Low Density Residential 1059.61 Medium Density Residential 105.45 Medium Density Residential/Industrial/Office 63.13 High Density Residential 57.17 Regional Commercial 83.83 Neighborhood Commercial 15.36 Office 73.40 Office/Industrial 105.29 Industrial 79.02 Park/Open Space 235.50 Total (existing vacant acres) 1,877.76 Source: City of Eden Prairie,2000 Table 3.6 Table 3.6(Revised 07-06-01) Residential Land Av ilability,2001 Remaining Remaining Potential Existing Guided Guided Developable Approximate Units Land Use Acres Acres Acres Acres' Density et Gross Low Density 2.5 Residential 5,275.51 6,467.75 1,192.24 751.11 Units/Acre 1,878-2,881 Medium Density 6.7 Residential/etc. 1,195.55 1,310.60 115.05 72.48 Units/Acre 486-771 High Density 17A Residential 154.70 206.90 52.20 32.89 Units/Acre 572-908 Total 6,625.76 7,985.25 1,359.49 856.48 n/a 2,936—4,560 Source: City of Eden Prairie Dept. of Community Development,2001 'City Staff estimates 37%of the total remaining land is restricted by topography. the City's land use planning goals. The Relationship to Zoning Land Use Guide Plan densities and The future land use designations work classifications are a general guide, while the jointly with zoning designations to further zoning standards govern actual development 3-7 City of Eden Prairie Comprehensive Plan Update practice. As seen by comparing Figures 3.2 features included open space systems that (the Guide Plan Map) and 3.3 (the Zoning not only created a potential amenity to the .Map), there are differences between zoning MCA, but also served and benefited the classifications and guided land use. The entire community. City will continue to bring the zoning map into conformance with the Guide Plan as The Major Center Area was carefully and future projects are reviewed. comprehensively planned to ensure its functional and operational success, 3.3 SPECIAL ISSUE AREAS including that of the transportation system that serves and supports it. Through the As Eden Prairie approaches full PUD process,the City adopted the following objectives for the MCA: development,the City is focusing on the redevelopment of certain areas throughout 0 Integrate retail land uses within a the City. These specific areas where relatively compact area, blended with development is expected to occur are the high density residential uses. Major Center Area, the Marketcenter Area, 0 Plan for transit and pedestrian systems the Golden Triangle Area and the Southwest within the MCA connecting to the rest of Quadrant, shown on Figure 3.4. the City ■ Provide a variety of housing types within MAJOR CENTER AREA the MCA ■ Recognize and preserve the natural The core area of the City is known as the amenities in and adjacent to the MCA Major Center Area (MCA), located around • Adopt implementation strategies that are the interchange of I-494 and US Highways both politically and economically 169 and 212. The area is generally bounded attainable. by Highway 62 on the north, Highway 169 • Develop a transportation system within on the east, Anderson Lakes Parkway on the the MCA that connects to the regional South and CSAH 60 (Baker Road) on the highway system. west. The MCA was officially established by the City in 1973, when it approved the Future development in the Major Center 1,200 acre MCA Planned Unit Area will continue to include commercial, Development, with the primary goal of high intensity office and mixed use land providing a flexible development framework uses, .which may include high density for Eden Prairie's "regional diversified multiple family residential. The City has center," identified by the 1968 Metropolitan already seen the desire for and development Council as a "constellation center" where of Senior Housing units in the Major Center urban growth would occur. Eden Prairie Area, accomplished through the PUD planned its center area to be economically process. feasible and take advantage of the built environment, while being sensitive to the The City will pursue development proposals natural features of the area. that support the new Southwest Metro Transit Hub in the MCA. The transit hub The built environment included existing and will both benefit from and spur the planned freeways, thoroughfares, collector development of compact and pedestrian- roads, and public utilities. The natural friendly mixed use developments that offer 3-8 City of Eden Prairie Comprehensive Plan Update the type of retail and convenience services with the other agencies and businesses that will be utilized by both transit created the Golden Triangle Transportation customers and destination shoppers. Management Association (GTTMA), a partnership formed to aid local businesses, MARKETCENTER AREA employers, and building owners in reducing the peak hour congestion in the Golden The Eden Prairie Marketcenter Area Triangle. This will be achieved with a includes about one hundred acres of land combination of land use policies, transit and centered on the intersection of Singletree infrastructure enhancements, and various Lane and Prairie Center Drive. In 1994, the travel demand management strategies. The City adopted the Marketcenter Design ultimate goal is to ease peak period Framework, prepared in December 1994 by congestion, specifically in the Golden BRW, Inc. and Cluts, O'Brien, Strother Triangle Area, for employees, customer, Architects, to establish guidelines for visitors and the community as a whole. architecture, urban design, landscaping, lighting and specialty areas within the SOUTHWEST AREA Marketcenter Area. To obtain specific details, please see the 1994 Marketcenter Most of the City's remaining vacant Design Framework, which is, by reference, developable land is found in the southwest an Appendix to this Comprehensive Plan. quadrant of the City. The current The City is currently working with land development pattern in this area includes owners to create a special area that would be mostly low density residential and open identified by common architectural themes space use. Most of the vacant land in this and design elements unique to Eden Prairie, quadrant is guided for low density and to provide the community with a residential land uses at a density of a pedestrian-friendly service and shopping maximum of 2.5 units per acre. As of 1997, district that also serves as a recreational and most of this area is within the MUSA, which civic center for the entire City. allows the area to be served by sewer, water, and other development infrastructure. GOLDEN TRIANGLE AREA The largest single existing use of land in the The City's northeast quadrant contains an southwest quadrant, however, is the area referred to as the Golden Triangle, Metropolitan Airports Commission's generally bounded by Highway 169, I-494 (MAC) Flying Cloud Airport. As of Fall and Highway 212. This area contains the 2000, MAC has acquired additional land in City's largest concentration of industrial anticipation of pursuing an expansion of its land uses. Also included in this area are facilities and providing the appropriate other office and commercial uses that are safety zones. Please see Chapter 6 for complementary to and service the industries additional discussion on the Flying Cloud in the area. Airport. This area is currently among the most 3.4 HISTORIC PRESERVATION congested in the City, in terms of automobile traffic generated both by the HERITAGE PRESERVATION ORDINANCE existing land uses and by travel through and around the area. The City, in cooperation The legal basis for the preservation, 3-9 City of Eden Prairie Comprehensive Plan Update protection and use of cultural resources inventoried. Nearly one hundred Native dates from 1990, when the City Council American earthworks surveyed near the end enacted an ordinance to enable the creation of the last century have also been noted. It of a Heritage Preservation Commission is anticipated that many of these properties (HPC). The seven-member HPC is (and combined areas) will eventually be comprised of citizen volunteers appointed listed in the City Register of Heritage by the City Council to carry out the duties Preservation Sites and/or the National and responsibilities accorded to municipal Register of Historic Places. heritage preservation commissions under state statutes. The Eden Prairie Heritage Sites Inventory is organized around the concept of the historic In. 1991, the State Historic Preservation context, a format for identifying and Office granted the City the status of evaluating historic properties grouping "Certified Local Government" due to its related historic properties on the basis of enactment of an ordinance, which cultural/historical theme, geographical area, committed the City to active participation in and chronological period. Each historic the national historic preservation program. context describes one or more aspects of the This involves conducting surveys, historic development of Eden Prairie, maintaining inventories, nominating considering historical, archaeological, properties to the local and National Register, cultural, architectural, and geographical and providing public information, education, themes, as well as the significant patterns and assistance in historic preservation. By represented by individual historic properties. ordinance, every application for a City permit in relation to a property listed on the The City's inventory and analysis includes City Register must be reviewed by the HPC, more than two hundred individual properties which determines whether the proposed identified in the Eden Prairie Cultural work will have an adverse impact on the Resources Survey found on file in the City's property. Community Development Service Area. Part of the Eden Prairie historic preservation NATIONAL REGISTER OF HISTORIC ordinance is designation of Heritage PLACES Preservation Sites. Upon meeting certain listed criteria, historic properties may be Separate from the City Register is the registered individually as collective sites or National Register of Historic Places. The districts. Figure 3.5 is a map of the National Register of Historic Places is the designated historic sites within the City. nation's official list of properties deemed worthy of preservation. The Register is CULTURAL RESOURCE INVENTORY AND maintained by the National Park Service and ANALYSIS is administered by a State Historic Preservation Office (SHPO) in each state. The City has conducted surveys to identify Properties may be listed due to their and evaluate properties of historical, association with significant persons and architectural, and archaeological events, their architectural or engineering significance. Between 1991 and 1995, significance or for the historical or pre- nearly one hundred buildings, structures, historical information they provide. The archaeological sites, and landscapes were Register also lists important groupings of 3-10 City of Eden Prairie Comprehensive Plan Update properties as historic districts. Properties agricultural settlement period from 1852 — possessing a transcendent value to the nation 1950. It is currently owned by the City and as a whole may be designated as National is integrated into the City's parks and open Historic Landmarks. space system. More recently, the Glen Lake Children's Camp was listed as a National The City has two properties listed on the Register District. The camp was built in National Register of Historic Places. The 1925 to serve the needs of children from Cummins-Grill Homestead, dating from Hennepin County who had tested positive 1879 is a significant example of the for tuberculosis. STATE INVENTORY Major Center Area The State of Minnesota also maintains an Tax Increment Financing: To support inventory of cultural resources throughout continued development of Eden Prairie's the state. The Minnesota State Historic Major Center Area, the City will identify Preservation Office (SHPO) maintains two redevelopment projects and potential project databases, one dealing with historical sites that maybe eligible for TIF funds and architecture and the other with archeological other incentives that may be currently discoveries that are of state and local available through the existing Major Center significance. The SHPO advocates for the Area TIF District, and work with property preservation of Minnesota's historic and owners to further explore such projects. archaeological resources and identifies, evaluates, registers and protects the state's Planned Unit Developments: The City will historic properties. promote the use of Planned Unit Developments, as appropriate, to generate a mix of commercial, office and residential 3.5 SOLAR ACCESS PROTECTION land uses supportive of and an enhancement STATEMENT to the Southwest Metro Transit Hub. Marketcenter Design Framework: The City The City of Eden Prairie shall continue to will coordinate growth in the Marketcenter consider the impacts on solar access for all reflective of the adopted 1994 Marketcenter new development within the city. Design Framework. The City will require that development within the Marketcenter Area meet urban design performance 3.6 IMPLEMENTATION STRATEGIES standards that result in the creation of attractive, functional and unique buildings, General landscapes and public spaces. Development Ordinances: Upon the Parking Opportunities: Consider adoption of the Comprehensive Plan update, opportunities for shared parking between the City will review its development codes transit parking lots predominantly used and ordinances, including the Zoning during daytime business hours and those land uses (such as entertainment and dining) Ordinance, to determine the appropriate that could utilize these parking facilities amendments to codes to reflect the policies during evening and weekend hours when of the updated Comprehensive Plan and Land Use Guide Plan. transit is not running its peak service. 3-11 City of Eden Prairie Comprehensive Plan Update historically significant properties. Historic and Cultural Resource Preservation City Activities: The City will work to develop partnerships with other Heritage Preservation Commission governmental agencies to ensure protection Activities: The Heritage Preservation of the City's cultural resources. Commission shall continually review and update its cultural resources inventory, and Archeological Resources: Prior to issuance consider and recommend appropriate of permits, conditions need to be established properties for historic site designations. The and met to ensure protection. The City has a Heritage Preservation Commission shall number of options for addressing the long- continue its practice of public education term preservation of ancient Native programs and activities to inform the American earthworks (e.g. burial mounds) community about the City's culturally and and habitation sites. 3-12 City of Eden Prairie Comprehensive Plan Update Sources: BRW, Inc. and Cluts, O'Brien, Strother Architects,Marketcenter Design Framework,December 1994 City of Eden Prairie Annual Report, 1999 City of Eden Prairie Community Development Recorder,April 1999 City of Eden Prairie,Community Profile, 1994 City of Eden Prairie,Historic Preservation Element, 1999 3-13 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 15, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: IX. 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 155271 - 155716 Wire Transfers 2510 -2517 City of Eden Prairie Council Check Summary 8/15/2006 Division Amount Division Amount General 48,386 519 Community Center Referendum 10,050 100 City Manager 10 520 Parks Referendum 65 101 Legislative 542 521 Trails Referendum 190 102 Legal Counsel 39,406 522 IMPROVMENT PROJECTS 2006 6,930 110 City Clerk 2,839 601 Prairie Village Liquor 27,637 III Customer Service 4,417 602 Den Road Liquor 63,894 112 Human Resources 421 603 Prairie View Liquor 23,217 113 Communication Services 1,911 605 Den Road Building 2,186 114 Benefits&Training 3,508 701 Water Fund 67,976 115 Risk Management 194 702 Sewer Fund 450,328 116 Facilities 39,946 703 Storm Drainage Fund 24,317 117 City Center 68,799 803 Escrow Fund 6,780 130 Assessing 628 804 100 Year History 1,320 131 Finance 1,693 806 SAC Agency Fund 24,800 132 Social Services 16,503 807 Benefits Fund 314,925 133 Planning 123 135 Information Technology 4,158 Report Totals 2,873,199 137 Economic Development 15,170 138 Community Development Admin. 23 151 Park Maintenance 19,715 153 Organized Athletics 11,546 154 Community Center 5,172 156 Youth Programs 4,419 157 Special Events 3,270 158 Adult Recreation 4,578 159 Recreation Administration 5,648 160 Therapeutic Recreation 1,015 161 Oak Point Pool 36 162 Arts 9,284 163 Outdoor Center 3,977 164 Park Rental Facilities 100 180 Police 31,243 183 Emergency Preparedness 66 184 Fire 7,200 185 Animal Control 1,490 200 Engineering 23 201 Street Maintenance 576,796 202 Street Lighting 57,176 203 Fleet Services 41,206 204 Equipment Revolving 71,108 301 CDBG 27,967 303 Cemetary Operation 660 304 Senior Board 72 307 Drug Forfeiture 4,980 312 Recycle Rebate 6,963 314 Liquor Compliance 200 315 Economic Development 1,414 316 WAFTA 18 416 Certificate Debt Fund 36,028 423 2003C•Open Space Bonds 20,745 431 G.O.Improvement Bonds 2006B 940 502 Park Development 41,405 503 Utility Improvement 53,502 509 CIP Fund 234,742 511 Construction Fund 934 512 CIP Trails 682 515 Fire Station#4 306,238 517 212/Charlson Intersection 7,350 City of Eden Prairie Council Check Register 8/15/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2510 11,347 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2511 16,556 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2512 94,951 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2513 31,341 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2514 160,758 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2515 17,883 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2516 56,773 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon 2517 15,506 US BANK TRUST NATIONAL ASSN Bonds Payable Utility Improvement Fund 155271 69 BARTNIK,AARON B Other Contracted Services Teen Work Program 155272 78 BARTNIK,ADAM B Other Contracted Services Teen Work Program 155273 47 BRIDENSTEINE,CHELSEA Other Contracted Services Teen Work Program 155274 108 CARLSTEDT,ANNIE Other Contracted Services Teen Work Program 155275 74 CARROLL,MEGAN M Other Contracted Services Teen Work Program 155276 27 CRAMPTON,KELLY A Other Contracted Services Teen Work Program 155277 81 CRUTCHER CHELSEA Y Other Contracted Services Teen Work Program 155278 27 FETTER,PAIGE A Other Contracted Services Teen Work Program 155279 35 FINNEY,THOMAS P Other Contracted Services Teen Work Program_ 155280 33 FISCHER,BRENNA K Other Contracted Services Teen Work Program 155281 149 GLEDHILL,JENNIFER Other Contracted Services Teen Work Program 155282 58 HANSON,AUDREY N Other Contracted Services Teen Work Program 155283 63 HANSON,NOEL P Other Contracted Services Teen Work Program 155284 65 JASKULKE,TAYLOR A Other Contracted Services Teen Work Program 155285 59 JOHNSON,MARINA N Other Contracted Services Teen Work Program 155286 56 KIERSTEAD,CHRISTY Other Contracted Services Teen Work Program 155287 129 KISSINGER,SAMANTHA Other Contracted Services Teen Work Program 155288 49 MORIYAMA,LAUREN M Other Contracted Services Teen Work Program 155289 11 NEILSON,KEVIN Other Contracted Services Teen Work Program 155290 46 NORTON,LEIGHA N Other Contracted Services Teen Work Program 155291 47 O'CONNELL,LUX1vII Other Contracted Services Teen Work Program 155292 46 REED,CARL E Other Contracted Services Teen Work Program 155293 154 SHAH,RAOUL Other Contracted Services Teen Work Program 155294 34 SHAWD,ANDREW Other Contracted Services Teen Work Program 155295 63 SKOBOV,MIKHAIL Other Contracted Services Teen Work Program 155296 97 WARD,ANDREA L Other Contracted Services Teen Work Program 155297 63 YEAROUS,NICHOLAS S Other Contracted Services Teen Work Program 155298 625 AMEM Conference Expense Fire 155299 587 ANDERSON UNDERGROUND Deposits Escrow 155300 211 BURTON EQUIPMENT INC Operating Supplies Fire 155301 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 155302 287 DAYCO CONCRETE Deposits Escrow 155303 34 DISH NETWORK Cable TV Community Center Admin 155304 1,256 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 155305 200 HAYEN,LINDA Operating Supplies Arts Initiative 155307 1,545 HOME DEPOT CREDIT SERVICES Supplies-General Building City Center Operations 155308 1,605 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 155309 100 KLOSS,KATHERINE Staring Lake Bldg Park Facilities 155310 1,250 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 155311 975 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 155312 18,603 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 155313 38 PROP Lessons&Classes Pool Lessons 155314 321 PROP United Way Withheld General Fund 155315 8,000 PROP Other Contracted Services Housing,Trans,&Human Sery 155316 180 QWEST Telephone Sewer Liftstation 155317 9 RAMSEY,SANDI Lessons&Classes Pool Lessons 155318 132 SCHULZ,JAYME Program Fee Camps 155319 100 STAN BANN BIG BAND Other Contracted Services Staring Lake Concert 155320 592 TELCOM CONSTRUCTION Deposits Escrow 155321 290 UNITED WAY United Way Withheld General Fund 155322 1,438 VEIT&CO Deposits Escrow 155323 104 VERIZON WIRELESS Pager&Cell Phone Information Technology 155324 223 WELCH PLUMBING INC Plumbing Permits General Fund 155325 250 YOUNGHANS,NEAL Other Contracted Services Stating Lake Concert 155326 1,040 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 155327 501 ACME TOOLS Small Tools Water Treatment Plant 155328 3,069 BIFFS INC Waste Disposal Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 155329 863 CAMPOS,LORI Instructor Service Outdoor Center 155330 11,856 CARDMEMBER SERVICE Special Event Fees Red Hat 155331 11,012 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 155332 515 CHANHASSEN DINNER THEATRE Special Event Fees Trips 155333 65 CULLIGAN-METRO Other Contracted Services Outdoor Center 155334 12 DILLON,ROBERT Lessons&Classes Oak Point Lessons 155335 23,685 ELK RIVER FORD Autos Police 155336 85 GE CAPITAL Other Rentals General 155337 131 J.C.JOSEPH LTD Training Supplies Police 155338 63 KEATING,MARY Miscellaneous Housing,Trans,&Human Sery 155339 24,552 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 155340 88 MINNESOTA HISTORICAL SOCIETY Events/Admission Fee Outdoor Center 155341 3,420 NUR,ZINA Instructor Service Housing,Trans,&Human Sery 155342 315 OTTERTUNITY INC. Other Contracted Services Staring Lake Concert 155343 250 PADELFORD PACKET BOAT CO INC Special Event Fees Teen Programs 155344 197 PETTY CASH-CARLA KRESS Video&Photo Supplies Senior Center Administration 155345 200 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 155346 200 PLANTENBERG,CATHERINE Other Contracted Services Purgatory Creek Recreation Are 155347 336 QWEST Telephone Crestwood Park 155348 18 RICHFIELD,CITY OF Autos Police 155349 283 SOSNIECKI,BEN Mileage&Parking Tree Disease 155350 74 STATTINE,CHRISTINA Program Fee Preschool Events 155351 1,000 TEMPORARY HEROES INC Other Contracted Services Staring Lake Concert 155352 90 TEV1E WARNER CABLE Dues&Subscriptions City Council 155353 509 WALMART COMMUNITY Operating Supplies Safety Camp 155354 475 CLYDE'S ON THE ST.CROIX Special Event Fees Red Hat 155355 161 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 155356 243 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 155357 7,176 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 155358 7,508 DAY DISTRIBUTING Beer Den Road Liquor Store 155359 5,433 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 155360 79 FRED Misc Taxable Den Road Liquor Store 155361 844 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 155362 7,812 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 155363 1,495 HOHENSTEINS INC Beer Prairie Village Liquor Store 155365 12,357 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 155366 10,033 MARK VII Misc Taxable Prairie Village Liquor Store 155367 695 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 155368 410 PAT KERNS WINE MERCHANTS Wine Imported Den Road Liquor Store 155369 3,028 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 155370 1,195 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 155571 1,823 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 155372 10,530 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 155373 627 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 155374 395 SPECIALTY WINES AND BEVERAGES Liquor Prairie Village Liquor Store 155375 8,129 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 155376 21,983 THORPE DISTRIBUTING Beer Den Road Liquor Store 155377 58 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 155378 209 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 155379 779 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 155380 849 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 155381 144 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 155382 705 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 155383 499 AMERICAN RED CROSS Recreation Supplies Pool Lessons 155384 785 BATES,DON Other Contracted Services Community Band 155385 24 BJELLAND,ROLF&IDELLE Program Fee Classes/Programs/Events 155386 80 BUNKER BEACH WATER PARK Special Event Fees Teen Work Program 155387 200 CHANHASSEN DINNER THEATRE Special Event Fees Trips 155388 50 COLBERT,MICHELE Other Contracted Services Leisure Education 155389 74 COLLIERS TURLEY MARTIN TUCKER Dues&Subscriptions Assessing 155390 548 COMMISSIONER OF TRANSPORTATION Design&Engineering Fire Station#4 155391 412 CRACAUER,CLIFF Mileage&Parking Fleet Services 155392 1,088 EDEN DEVELOPMENT LLP Deposits Escrow 155393 47,370 ELK RIVER FORD Autos Police 155394 816 EVENT SOUND&LIGHTING Capital Under$2,000 Summer Theatre 155395 355 HENNEPIN COUNTY TREASURER Operating Supplies Planning 155396 400 KRAUSE,ALVIN H Other Contracted Services Staring Lake Concert 155397 500 LUSHINE,PEGGY E Other Contracted Services Arts Initiative 155398 500 MICHAELSON,LIZ Other Contracted Services Arts Initiative Check# Amount Vendor/Explanation Account Description Business Unit 155399 29 PRIORITY COURIER EXPERTS Equipment Parts Fleet Services 155400 28 SCHUMACHER,LANA Program Fee Playgrounds 155401 125 STENZEL,BETH Program Fee Outdoor Center 155402 125 STENZEL,REBECCA Program Fee Outdoor Center 155403 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 155404 934 TOWER SQUARE SHOPPING CENTER M Improvement Contracts Construction Fund 155405 29,435 TRANS ALARM INC Building Fire Station#4 155406 1,051 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 155407 555 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 155408 304 CRAGUNS Conference Expense Assessing 155409 20 DEM CON LANDFILL LLC Waste Disposal Community Center Maintenance 155410 786 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 155411 300 GLORYLAND GOSPEL BAND Other Contracted Services Staring Lake Concert 155412 300 IAPE Tuition Reimbursement/School Police 155413 87 KRESS,CARLA Mileage&Parking Senior Center Administration 155414 29 LEBLANC,ERIC Conference Expense Police 155415 45 LECC Tuition Reimbursement/School Police 155416 250 MAAO Conference Expense Assessing 155417 39 MANGEN,DEBRA Mileage&Parking City Clerk 155418 198 MERLINS ACE HARDWARE Operating Supplies Park Maintenance 155419 400 METROPOLITAN AIRPORTS COMMISSI Tuition Reimbursement/School Police 155420 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 155421 194 MILLER,JOHN Insurance Risk Management 155422 400 MINNEAPOLIS POLICE DEPARTMENT Tuition Reimbursement/School Police 155423 250 MINNESOTA CLE Tuition Reimbursement/School Police 155424 50 MINNESOTA DEPT OF AGRICULTURE Lime Residual Removal Water Treatment Plant 155425 30 MORTON,TAMMARA Other Contracted Services Leisure Education 155426 120 MICA Conference Expense Sewer Liftstation 155427 125 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police 155428 185 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 155429 795 NEPM-ASI#279381 Fire Prevention Supplies Fire 155430 743 NORTHLAND BUSINESS SYSTEMS Miscellaneous Information Technology 155431 43 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire 155432 740 PETTY CASH Mileage&Parking Water Utility-General 155433 340 PETTY CASH-POLICE DEPT Operating Supplies Police 155434 57 SCHOWALTER,TRACEY Operating Supplies Police 155435 100 SHARP,LAURA J Other Contracted Services Summer Theatre 155436 34 SUMMIT FIRE PROTECTION Cash Over/Short General Fund 155437 250 SUTTER,ROSS Other Contracted Services Staring Lake Concert 155438 100 VERIZON WIRELESS Pager&Cell Phone Water Utility-General 155439 69 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 155440 66 XCEL ENERGY Electric Emergency Preparedness 155441 350 3CMA Dues&Subscriptions Communication Services 155442 6,963 ALLIED WASTE SERVICES#894 Other Contracted Services Recycle Rebate 155443 64 ANCHOR PAPER COMPANY Office Supplies General 155444 139 BRINK,PATRICK Mileage&Parking Communication Services 155445 169 CINGULAR WIRELESS Pager&Cell Phone Police 155446 262 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 155447 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 155448 6 ENGH,NATHAN Program Fee Tennis 155449 6 ERICKSEN-LEMPE,SUZY Program Fee Tennis 155450 93 GINA MARIAS INC Operating Supplies Police 155451 39,606 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 155452 1,399 ]HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 155453 5,840 HENNEPIN COUNTY TREASURER Board of Prisoner Police 155454 145 IPMA-HR Dues&Subscriptions Human Resources 155455 190 J H LARSON COMPANY Operating Supplies Park Maintenance 155456 6 KNUTSON,JAY ELLING Program Fee Tennis 155457 38 KRAE1vIERS HARDWARE INC Operating Supplies Park Maintenance 155458 6 KRAHL,LARRY Program Fee Tennis 155459 179 LAW ADVISORY GROUP Tuition Reimbursement/School Police 155460 8 MCKENNEY,JULIE Program Fee Tennis 155461 927 METRO SALES INCORPORATED* Office Supplies General 155462 1,843 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 155463 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Economic Development 155464 500 MN WEIGHTS AND MEASURES Equipment Repair&Maint Police 155465 41 NEWPAPER LLC Operating Supplies Safety Camp 155466 821 NILSSEN,BETH Instructor Service Ice Arena 155467 375 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Telephone Check# Amount Vendor/Explanation Account Description Business Unit 155468 93 PETSMART Canine Supplies Police 155469 1,320 PUBLIC EMPLOYEES RETIREMENT AS Pension payment-PERA Historical Culture 155470 2,636 QWEST Telephone Prairie Village Liquor Store 155471 25 RED HAT SOCIETY Operating Supplies Red Hat 155472 12 RYLEE,TANYA Program Fee Preschool Events 155473 75 SCIENCE MUSEUM OF MINNESOTA Special Event Fees Trips 155474 6 STEENSLAND,KRISTEN Program Fee Tennis 155475 6 TAYLOR,ANGELA Program Fee Tennis 155476 71 VERIZON WIRELESS Pager&Cell Phone Police 155477 65,264 XCEL ENERGY Electric Cummins Grill 155479 14,436 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund 155480 171 ANDERSON,GILL AR Utility Water Enterprise Fund 155481 73 ARVOLD,KATIE Mileage&Parking Playgrounds 155482 86 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 155483 1,700 BOLD,PAULINE Instructor Service Outdoor Center 155484 43 CENTERPOINT ENERGY Gas Miller Park 155485 488 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Water Treatment Plant 155486 14 CUB FOODS EDEN PRAIRIE Operating Supplies Housing,Trans,&Human Sery 155487 195 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 155488 266 FEDEX Equipment Parts Fleet Services 155489 2,120 GOPHER STATE ONE-CALL INC Other Contracted Services Utility Operations-General 155490 781 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 155491 69 KREMER,DAVID AR Utility Water Enterprise Fund 155492 266 LANO EQUIPMENT INC Other Rentals Storm Drainage 155493 378 LESCO INC Landscape Materials/Supp Storm Drainage 155494 3,021 LIGHTNING PRINTING INC Printing Staring Lake Concert 155495 3,768 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 155496 790 MAECK,TOM Other Contracted Services Community Band 155497 231 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 155498 5,000 MINNESOTA MUNICIPAL BEVERAGE A Licenses&Taxes Prairie View Liquor Store 155499 1,641 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 155500 169 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 155501 275 MINNESOTA ZOOMOBILE Other Contracted Services Staring Lake Concert 155502 350 OLMSTED COUNTY SHERIFF'S DEPAR Deposits Escrow 155503 645 PARKER,WARD Travel Expense Fire 155504 7,518 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 155505 700 PAUL,CYRIL Other Contracted Services Staring Lake Concert 155506 35 RICHFIELD,CITY OF Autos Police 155507 330 SCOTT COUNTY Deposits Escrow 155508 70 SKAUDIS,BRYAN AR Utility Water Enterprise Fund 155509 6,225 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 155510 90 TIME WARNER CABLE Dues&Subscriptions City Council 155511 4,218 US POSTMASTER-HOPKINS Postage Community Brochure 155512 250 WALSER,ROBERT Y Other Contracted Services Purgatory Creek Recreation Are 155513 3,585 XCEL ENERGY Electric Miller Park 155514 37 A TO Z RENTAL CENTER Operating Supplies Street Maintenance 155515 400 A-1 STRIPES INC Contract Svcs-Asphalt/Concr. City Hall-CAM 155516 4,049 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 155517 899 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Services 155518 225 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 155519 87 ADOLPHKIEFER Operating Supplies Pool Operations 155520 720 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 155521 78 AIRGAS NORTH CENTRAL Small Tools Fleet Services 155522 276 ALPHA VIDEO& AUDIO INC Video&Photo Supplies Communication Services 155523 1,834 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 155524 780 AMTECH LIGHTING SERVICES Other Contracted Services Round Lake 155525 176 ANDERSON,BRYAN E Other Contracted Services Softball 155526 81 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 155527 20,831 AUDIOVISUAL INC Other Assets CIP-Bonds 155528 184 BATTERY TECH INC Equipment Parts Fleet Services 155529 2,031 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 155530 175 BERNE SCALE Maintenance Contracts Water Treatment Plant 155531 68 BERRY COFFEE COMPANY Office Supplies Senior Center Administration 155532 238 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 155533 221 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Water Treatment Plant 155534 1,415 BLOOMINGTON,CITY OF Kennel Services Animal Control 155535 380 BOYER TRUCKS Equipment Parts Fleet Services 155536 10,050 BRAUN INTERTEC CORPORATION Improvements to Land Community Center Referendum 155537 162 BRIN NORTHWESTERN GLASS COMPAN Building Repair&Maint. Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 155538 99 BRYAN ROCK PRODUCTS INC Gravel Sewer Utility-General 155539 3,146 BUCK NATHAN Other Contracted Services Softball 155540 314 C&H DISTRIBUTORS LLC Operating Supplies Water Treatment Plant 155541 18 CAMPBELL KNUTSON,P.A. Legal WAFTA 155542 83 CAWLEY COMPANY,THE Miscellaneous Communication Services 155543 912 CDW GOVERNMENT INC. Other Hardware Information Technology 155544 1,517 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 155545 1,768 CENTERPOINT ENERGY Gas Water Treatment Plant 155546 528 CHRISTIANSEN,MIKE Other Contracted Services Softball 155547 276,255 CM CONSTRUCTION COMPANY INC. Building Fire Station#4 155548 2,242 COLOR PRINTING Printing Police 155549 654 COMMERCIAL STEAM TEAM Other Contracted Services Prairie Village Liquor Store 155550 647 COMMVAULT SYSTEMS,INC. Software Maintenance Information Technology 155551 5,820 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 155552 3,125 CORPORATE EXPRESS Office Supplies General 155553 121 CTS CLEANERS TAILOR&SHOE REP Operating Supplies Police 155554 684 CUSTOM MANUFACTURING INC Improvements to Land Park Acquisition&Development 155555 24,521 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 155556 745 DAKOTA PLUMBING&HEATING Contract Svcs-Plumbing Park Shelters 155557 716 DALE GREEN COMPANY,THE Improvement Contracts CIP Trails 155558 358 DELEGARD TOOL CO Equipment Parts Fleet Services 155559 3,392 DELL Process Control Equipment Water Treatment Plant 155560 200 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 155561 71 DISPLAY SALES Supplies-General Bldg Fire Station#2 155562 49,079 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg.-CAM 155563 364 DNR Clothing&Uniforms Ice Arena 155564 945 DUSTCOATING INC Roads-Dust Control Gravel Roads Dust Control 155565 1,290 EARL F ANDERSEN INC Signs Traffic Signs 155566 840 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 155567 384 ENGINEERED ICE SYSTEMS Contract Svcs-General Bldg Ice Arena Maintenance 155568 611 ENVIRONMENTAL EQUIPMENT&SERV Equipment Repair&Maint Fleet Services 155569 50 ERICKSEN,LIZ Other Contracted Services Volleyball 155570 149 ESPRESSO MIDWEST INC Cleaning Supplies City Center Operations 155571 9,510 ESS BROTHERS&SONS Repair&Maint.Supplies Storm Drainage 155572 440 FALCK,TIMOTHY R Other Contracted Services Softball 155573 12 FASTENAL COMPANY Improvements to Land Park Acquisition&Development 155574 106 FEDERAL SIGNAL CORPORATION Equipment Parts Fleet Services 155575 951 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 155576 540 FORDAHL,TAMARA Other Contracted Services Volleyball 155577 15,000 GERRISH ASSOCIATES Other Contracted Services Economic Development 155578 252 GRAFIX SHOPPE Equipment Repair&Maint Fleet Services 155579 1,187 GRAINGER Equipment Parts Fleet Services 155580 635 GREAT AMERICAN BUSINESS PRODUC Office Supplies Community Center Admin 155581 110 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 155582 12,958 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 155583 2,669 GUNNAR ELECTRIC CO INC Other Contracted Services Riley Lake 155584 675 HACH COMPANY Laboratory Chemicals Water Treatment Plant 155585 105 HAGEN,SIDNEY E Other Contracted Services Softball 155586 260 HAMMERS,SARAH Other Contracted Services Volleyball 155587 76 HANSEN THORP PELLINEN OLSON Design&Engineering Park Acquisition&Development 155588 23,789 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 155589 8,661 HAWKINS INC Treatment Chemicals Water Treatment Plant 155590 474 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 155591 462 HENRY,PAUL Other Contracted Services Softball 155592 1,078 HIR.SHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 155593 4,258 HOCKENBERGS Other Assets Capital Impr./Maint.Fund 155594 176 HOLMES,JOHN CARTER Other Contracted Services Softball 155595 176 HOLMES,TOM Other Contracted Services Softball 155596 469 HYDROLOGIC Other Contracted Services Park Maintenance 155597 737 IKON OFFICE SOLUTIONS* Maintenance Contracts Utility Operations-General 155598 57 IMAGETECH SERVICES Operating Supplies Park Maintenance 155599 1,898 INDIGITAL INC Microfilming Service Records Management 155600 372 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Water Treatment Plant 155601 989 INFRATECH Repair&Maint.Supplies Water System Maintenance 155602 120 INNOVATIVE GRAPHICS Clothing&Uniforms Police 155603 138 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 155604 109 INTEREUM INC Supplies-General Bldg Furniture 155605 1,285 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 155606 132 JENKINS,JOEL S Other Contracted Services Softball Check# Amount Vendor/Explanation Account Description Business Unit 155607 23,133 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 155608 452 K&H OUTDOORS,INC Other Contracted Services Pleasant Hill Cemetary 155609 3,149 KEEPERS Clothing&Uniforms Police 155610 190 KJOLHAUG ENVIRONMENTAL SERVICE Design&Engineering Trails Referendum 155611 536 KUSTOM SIGNALS INC Equipment Repair&Maint Police 155612 1,317 LAB SAFETY SUPPLY INC Cleaning Supplies Water Treatment Plant 155613 472 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 155614 1,654 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 155615 1,708 LANO EQUIPMENT INC Equipment Parts Fleet Services 155616 75 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 155617 335 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Sfty City Hall-CAM 155618 594 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 155619 288 MARKS EDEN PRAIlZIE BP Equipment Repair&Maint Police 155620 95 MATTS AUTO SERVICE INC Equipment Parts Fleet Services 155621 2,575 MAYER LUMBER CO INC Other Contracted Services Rehab 155623 684 MENARDS Equipment Parts Fleet Services 155624 213 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 155625 34,984 METRO CONCRETE RAISING INC Repair&Maint.Supplies Storm Drainage 155626 135 METRO SALES INCORPORATED* Other Contracted Services Police 155627 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 155628 849 METROPOLITAN FORD Equipment Parts Fleet Services 155629 1,320 MICHELAU,JOHN Other Contracted Services Softball 155630 5,660 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 155631 1,021 MIDWEST DESIGN CO Printing Communication Services 155632 1,104 MIDWEST GUTTER&SIDING Other Contracted Services Rehab 155633 665 MIDWEST OVERHEAD CRANE Maintenance Contracts Water Treatment Plant 155634 40,618 MIDWEST PLAYSCAPES Other Assets Park Acquisition&Development 155635 715 MIDWEST TELETRON INC. Operating Supplies Police 155636 70 MINNESOTA ATHLETIC Clothing&Uniforms Fire 155637 103 MINNESOTA CONWAY Operating Supplies Fire 155638 166 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 155639 358 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 155640 81 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 155641 1,189 MINNESOTA VALLEY WHOLESALE Landscape Materials/Supp Purgatory Creek Rec Area 155642 67 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 155643 307 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 155644 100 MRPA Employment Advertising Organizational Services 155645 2,371 MTI DISTRIBUTING INC Equipment Parts Fleet Services 155646 264 MURRAY,JOHN Other Contracted Services Softball 155647 2,228 NATIONAL WATERWORKS/HUGHES SUP Repair&Maint.Supplies Storm Drainage 155648 1,496 NEUMANN,NEAL Other Contracted Services Softball 155649 3,622 NHA HEATING&AIR CONDITIONING Contract Svcs-HVAC City Hall-CAM 155650 250 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 155651 940 NORTHLAND SECURITIES INC Bond Issue Costs G.O.Improvement Bonds 2006B 155652 159,127 NORTHWEST ASPHALT Improvements to Land Capital Impr./Maint.Fund 155653 2,898 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Telephone 155654 45 NUCO2 INC Chemicals Pool Maintenance 155655 34 ORIENTAL TRADING COMPANY INC Recreation Supplies Outdoor Center 155656 146 OSI BATTERIES INC Operating Supplies Street Maintenance 155657 257 PAM OIL INC Equipment Parts Fleet Services 155658 1,430 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Community Brochure 155659 5,868 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Public Works/Parks 155660 108 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 155661 8,522 PRARE RESTORATIONS INC Improvement Contracts 212/Charlson Rd.Intersectio 155662 831 PRECISION FINISHING Signs Traffic Signs 155663 376 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 155664 123 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 155665 39 R&R MARINE INC Equipment Repair&Maint Park Maintenance 155666 450 RAY,LEE Other Contracted Services Softball 155667 125 REED BUSINESS INFORMATION Advertising Park Acquisition&Development 155668 266 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 155669 135 ROOT 0 MATIC Contract Svcs-Plumbing City Ctr-Tenant Direct Costs 155670 828 RUMPCA CO INC Waste Disposal Tree Removal 155671 250 SANTJER,JESSICA Other Contracted Services Volleyball 155672 47 SCHARBER&SONS Equipment Parts Fleet Services 155673 225 SCHIEBOUT,DANIELLE Other Contracted Services Volleyball 155674 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 155675 425 SIGNAL SYSTEMS INC. Miscellaneous Information Technology 155676 128 SNAP-ON TOOLS Small Tools Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 155677 315 SNEEN,NICOLE D Other Contracted Services Softball 155678 1,595 SOFTWARE HOUSE INTERNATIONAL I Software Capital Impr./Maint.Fund 155679 5,750 SONNY S BUILDING MAINTENANCE Contract Svcs-Roof Community Center Maintenance 155680 12,053 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit 155681 252 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 155682 70 SPS COMPANIES Supplies-Electrical Community Center Maintenance 155683 7,416 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 155684 27 ST CROIX RECREATION CO INC Repair&Maint.Supplies Miller Park 155685 436 STAN MORGAN &ASSOCIATES INC. Other Contracted Services Prairie View Liquor Store 155686 2,690 STAR TRIBUNE Employment Advertising Organizational Services 155687 28,658 STARTING LINE FLOOR COAST,INC Building Capital Impr./Maint.Fund 155689 13,200 STREICHERS Capital Under$2,000 Police 155690 96 SUBURBAN CHEVROLET Equipment Parts Fleet Services 155691 1,035 SUN NEWSPAPERS Legal Notices Publishing City Clerk 155692 200 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 155693 3,187 TEAM LABORATORY CHEMICAL CORPO Repair u&Maint.Supplies Sewer Liftstation 155694 1,747 TESSMAN SEED CO Chemicals Park Maintenance 155695 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 155696 270 TOWN AND COUNTRY DODGE Equipment Repair&Maint Fleet Services 155697 2,512 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 155698 80 TRANS ALARM INC Contract Svcs-Security Public Works/Parks 155699 174 TRUERIDE INC Repair&Maint.Supplies Round Lake 155700 250 TRUGREEN CHEMLAWN MTKA Other Contracted Services Park Maintenance 155701 522 TWIN CITY FILTER SERVICE INC Operating Supplies Water Treatment Plant 155702 2,364 VALLEY RICH CO INC Other Contracted Services Water System Maintenance 155703 1,155 VISUAL COMMUNICATIONS Other Contracted Services Economic Development Fund 155704 4,690 WALL TRENDS INC Other Contracted Services Capital Impr./Maint.Fund 155705 2,639 WATSON CO INC THE Operating lies Concessions OP g Supplies 155706 24,288 WELLINGTON WINDOWS Other Contracted Services Rehab 155707 646 WESTCO RECOGNITION ADVERTISING Operating Supplies Senior Center Administration 155708 488 WIGLEY AND ASSOCIATES Software Information Technology 155709 542,493 WM MUELLER AND SONS INC Asphalt Overlay Street Maintenance 155710 32 XCEL ENERGY Electric Traffic Signals 155711 14,235 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM 155712 265 ZABRANSKY,LAELA Other Contracted Services Volleyball 155713 24 ZEE MEDICAL SERVICE Safety Supplies Oak Point Operations 155714 1,638 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services 155715 277 ZIEGLER INC Other Rentals Special Initiatives 155716 770 ZOELLNER,MARK Other Contracted Services Softball 2,873,199 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Petitions,Requests and Communications August 15, 2006 DEPARTMENU/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Stuart A.Fox,Manager of Request to appeal order for abatement of Parks and Natural Resources tall grass and weeds from yard Requested Action Move to: Table action on the appeal filed by K.Dawn Anson and Roger Maunders,pursuant to Chapter 2 of the Eden Prairie City Code,to [time] on [date]. Synopsis K.Dawn Anson and Roger Maunders,residents of 16850 Duck Lake Trail have appealed, pursuant to Chapter 2 of the Eden Prairie City Code, a staff decision regarding the abatement of tall grass and weeds from their home. K. Dawn Anson and Roger Maunders believe the staff decision ordering the abatement of the tall grass and weeds is incorrect because what the staff calls"tall grass and weeds"are actually native plants and naturalized plantings.K.Dawn Anson and Roger Maunders has filed this appeal to the City Council to reconsider the staff s order to abate the nuisance. Pursuant to Chapter 2,the Council may table the action on the appeal to a time and date certain in the future to allow it to review the condition of the subject property. Staff recommends the Council table action on this item to a future time and date in order to personally inspect the property. I recommend that Councilmembers come to the August 15 Council prepared with knowledge of your future schedules to allow the Council to set the time and date to take action on this appeal. Attachments • Notice of Code Violation • Appeal Letter • Letter from Environmental Technician Leslie Stovring • Lot Survey Map Notice of City Code Violation — 9.71 Tall Grass and Weeds on Private Property Property Owner: K.Dawn Anson and Roger Maunders Date of Inspection: 24Jul2006 PID#: 05 116 22 310006 Inspector's Comments: Within the next 7 days please mow and then maintain the required buffer area for your native planting at 16850 Duck Lake Trl,Eden Prairie,MN. Currently your property does not meet the ordinance standard for native plantings as indicated on the attached map.The green area is the portion that needs to conform to the ordinance.The area in blue is the existing walking path.Eden Prairie MN. The established shrubs at the corner need to be pruned so as not to pose a sight-line hazard with traffic. Any thistle or other state listed noxious weeds also need to be controlled throughout the planting/lawn area. Thank you. By Order of Assistant City Weed Inspector—Jeff Cordes 952.949.8463 Eden Prairie City Code 9.71 states that: Subd. 2. An owner or occupant of any lot or parcel of land in the City,other than land in the rural district, or agent of any such owner or occupant,shall not allow any herbaceous vegetation growing upon such lot or parcel of land or growing upon City right-of-way which abuts the lot or parcel of land,including the area between any sidewalk or trail and the curb of the street to grow to a height greater than ten(10)inches or to allow such vegetation to go to seed. Subd.7 Notice and Assessment A. Notice.Once a failure to comply with the height,set back,maintenance,weed,and annual cutting requirements as required by this Section is identified,notice of such failure shall be given by the City to the affected property owner. The notice shall state and describe the property affected; allow seven (7) days for the property owner to cause such vegetation to be cut, removed and/or treated for weeds;that if such vegetation is not cut,removed and/or treated for weeds within the stated time the City will cause such vegetation to be cut,removed and/or treated for weeds;that all cost thereof will be billed to the property owner payable within thirty (30) days; and that if payment is not received within thirty (30) days, the costs will be assessed against the property from which such vegetation has been removed pursuant to and in accordance with Minnesota Statutes §429.101 or any similar provision hereafter enacted. The notice shall be served in the same manner as the notice set forth in Section 9.70,Subdivision 6.E. B. Assessment. In all cases in which vegetation is cut,removed and/or treated for weeds or caused to be by the City,the costs,if not paid by the owner as provided herein,shall be assessed against the property from which such vegetation is cut,removed and/or treated for weeds pursuant to and in accordance with Minnesota Statutes Section 429.101 or any similar provision hereafter enacted. Such assessments shall be paid with interest,in installments,and within a period not to exceed one (1) year form the date of assessment. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting from enforcement of this ordinance. -Ir'Aug 04 U6 U'/:aba Dawn Hnson Ube-HJ'/-b8U4 p. 1 0 ■ H� August 4,2006 To Whom It May Concern: It was brought to our attention that we need to get on the schedule for the August 15`' City Council Meeting in order to discuss a permanent resolution to our native garden situation. For the last three years we have tried to maintain a beautiful garden within the scope of the Eden Prairie city ordinance but we seem to disagree on the interpretation of these ordinances. Please find enclosed a copy of a letter addressed to Leslie Stovring dated September 17, 2003 in which we thought that we had agreed on the course of action and ruling concerning our garden area We sincerely hope that by meeting with the City Council that we can come to a final and binding resolution concerning this matter. Sincerely, Roger Maunders and Dawn Anson 16850 Duck Lake Trail _ Eden Prairie,MN 55346 cl O Aug 04 06 07:35a Dawn Finson 952-937-5804 p.2 September 17, 2003 Leslie A. Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Ms. Stovring, This letter is in response to your letter of September 10, 2003. We have been working diligently throughout the summer to comply with your demands. If you had looked around the property you would have seen the following: 1) The garden area in question has been weeded, mulched and mown down to less than 12". 2) A rock border has been laid at a 2.5 foot set back along Duck Lake Trail, as we had agreed to in June, with the area in front of the rock mulched with wood chips. 3) The area around the lilac bush on the comer has been surrounded with rock_ 4) The area to the left of the driveway has begun to have large rocks (6"-12" size) installed on the slope to reduce weeds and erosion. 5) We are currently working on mulching the 11-foot set back area along 1681h street. 6) We are also working with a landscaper to install a garden pond, creek, and berm area in the back yard with an expected completion date of September 30th. We have included pictures with this correspondence to attest to our progress. We have reviewed the ordinance again for clarification. It defines a garden area as a well-defined location "dedicated to growing vegetables, fruits, flowers, ornamental grasses, shrubs and similar plants". So how is our area any different? If that is your definition then we can also have plantings exceeding the 10" limit since Subd. 3 states that"the provisions of Subd. 2 shall not apply on Private property to vegetation that is located in a garden". While we do have native plants in our garden, like black-eyed susans and blue stem grasses, we also have astilbe, hostas, purple cone flowers, beards tongue, and other non- native plants. As far as your request for a landscaping plan, nowhere have we been able to find that a landscaping plan is required to be approved by the City. We have also consulted with two landscapers and one native plant management company and they have never submitted a landscaping plan for approval to any City. If there is Hug U4 US U'/: �3ba !lawn Hnson 5ba-8J'/-b604 _ P. N4 fIf I such an ordinance, please tell me where we can find it. We also find it amusing that the same native plant management company maintains a site located in front of Eden Prairie`s Administrative Offices and your plantings do not comply with the 20-foot set back. They come all the way to the road. So why is Eden Prairie exempt from following their own ordinance? We have consulted an attorney regarding all of these issues and she believes that some of your concerns border on harassment. We have had numerous neighbors stop to talk with us as we were working in the yard this summer to tell us how beautiful the flowers were and how much they enjoyed it. We believe that some of them even contacted you on our behalf. We have also learned that the true nature of this problem stems from a complaint from one individual. It is unfortunate that they cannot look beyond a "cultured"garden and enjoy the beauty that is in front of them. Your letter has two different dates for compliance in order to avoid the issuance of a Citation— in the first paragraph you state that we have until September 261h and yet further along in your letter you only give us until September 241A. Which is it? As mentioned above, we are working diligently to comply with the Code. We will be forwarding a copy of this letter as well as your letter and the copy of the City Code to our attorney for her review. We hope that we can settle this agreeably without her assistance. Sincerely,f' UawnYAnso Roger Maunders Cc: Geraldine Carlen Steen, Attorney at Law • 1 I t t�8sc� . E>tot/cartr'S-1 i8:..:...cinw»852� ;5 a 11;stttb,Iislied 1.1n I- LOT -OURVEYO 000ANY, INC. 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' .a xwvap of the bouatdoties of tbq at,ova'daaarCtreN ksrd ata3 tha.. ' sa3dtlan of ketd. on'W`U"ga mw viskft a oroa¢txztw" It ony:Tr6m or oil • - R sfgrxd 3 5trvayad by u+ €hts. a r7t2T .. tlf�i$e F tLidar day at v ean,Wrffh Rag.NQ.2i'7D3 a/' - - or , '.R,f'1*'baclk Airrrt Reg N,, 24692 CITY COUNCIL AGENDA DATE: August 15, 2006 SECTION: Reports of Councilmembers DEPARTMENT/D IVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A.1. City Council Resolution g Con ratulatin Minnetonka Congratulating on 50t'Anniversary Requested Action Move to: Adopt Resolution congratulating the City of Minnetonka on their 50'h year as an incorporated city. Synopsis The City of Minnetonka was incorporated as a village on August 22, 1956. Minnetonka will celebrate its Jubilee Celebration on August 22, 2006,to recognize its first 50 years as a city. The resolution is intended as an expression of friendship and support from City officials in Eden Prairie to your colleagues in Minnetonka. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- RESOLUTION CONGRATULATING THE CITY OF MINNETONKA ON THEIR 50TH YEAR AS AN INCORPORATED CITY WHEREAS,the City of Minnetonka was incorporated as a village on August 22, 1956; and WHEREAS,the City of Minnetonka will celebrate its Jubilee Anniversary on August 22,2006; and WHEREAS,the City of Eden Prairie values its collegial municipal relationship with the City of Minnetonka; and WHEREAS,the City Council of the City of Eden Prairie wishes to recognize and congratulate the City Council of the City of Minnetonka for its first 50 years as a city. NOW THEREFORE,BE IT RESOLVED,that the City of Eden Prairie,Minnesota,hereby recognizes and congratulates the City of Minnetonka,Minnesota, on the occasion of the celebration of its first 50 years as an incorporated city. BE IT FURTHER RESOLVED that the City of Eden Prairie extends its best wishes to the elected officials and residents of the City of Minnetonka on this important recognition of their heritage as a city. ADOPTED by the City Council of the City of Eden Prairie,Minnesota on the 15t'day of August, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager August 15,2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott Neal,City Manager Minute Taking Standards Requested Action Move to: Approve the proposed standards for the taking of meeting minutes for all committees, commissions,task forces and the City Council for the City of Eden Prairie. Synopsis The City Council previously discussed the possible adoption of new standards for the taking and reproduction of meeting minutes at the June 20 Council meeting. In its June 20 discussion of this matter,the Council expressed concern about the facet of the proposal which recommended that we discontinue the attribution of quotes in the meeting minutes, with the exception of noting who made and seconded motions. In recognition of that concern, staff has softened that aspect of the proposed standards. We have included in your Council packet several comparisons of Council meeting minutes produced under the current protocol and also under the proposed standards for you to judge the potential impact of the new standards. Minute Taking;Standard Minutes are intended to be a summarized written reflection of a public meeting. Council,Board and Commission meeting minutes will retain the established format,with adjustment made to provide concise background information on the agenda items and summary lists to capture the breadth of discussion arising from these issues. Minutes will focus on the collective decisions. The minutes will reflect the rationale for a collective decision, including summarized comments of the members of the body. Attachments Traditional and Summary Minutes for June 20,July 18, and August 1 Council Meetings Traditional APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUKE 20,2006 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks&Recreation Director Bob Lambert,Public Works Director Eugene Dietz,City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. MRPA AWARD OF EXCELLENCE Dona Tilsner, of the Minnesota Recreation and Parks Association(MRPA), presented a 2005 award of excellence to the City for its new archery facility, designed to provide exemplary safety and functionality, and probably the only one of its kind statewide. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case and Tyra-Lukens each added two items to Reports of Councilmembers.Neal added two brief updates to Report of City Manager. MOTION: Aho moved, seconded by Case,to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. OPEN FORUM\OPEN PODIUM HELD TUESDAY,JUNE 6,2006 CITY COUNCIL MINUTES June 20,2006 Page 2 MOTION: Butcher moved, seconded by Young,to approve the Open Podium/Open Forum minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,TUESDAY,JUNE 6, 2006 MOTION: Case moved, seconded by Young,to approve the City Council minutes as published. Motion carried 5-0. VH. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BANEBERRY HOLLOW by Westlake Holding, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.51 acres and Zoning District Change from Rural to RM-6.5 on 2.06 acres.Location: 10015 and 10065 Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District Change) C. GANDER MOUNTAIN by Oppidan Investment Company. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from I-2 to Regional Commercial Service on 4.69 acres,Resolution for Site Plan Review on 4.69 acres. Location: 12150 Technology Drive. (Ordinance for PUD District Review with waivers and Zoning District Change,Resolution No. 2006-76 for Site Plan Review) D. PRIMROSE SCHOOL OF EDEN PRAIRIE by Primrose School Franchising Company. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 1.8 acres,Resolution for Site Plan Review on 1.8 acres.Location: 7800 Eden Prairie Road. (Ordinance No. 11-2006 for 8-2006 PUD District Review with waivers and Zoning District Amendment,Resolution No.2006-77 for Site Plan Review) E. ADOPT RESOLUTION NO.2006-78 APPROVING FINAL PLAT OF ERS ESTATES F. ADOPT RESOLUTION NO.2006-79 APPROVING FINAL PLAT OF GANDER MOUNTAIN G. ADOPT RESOLUTION NO.2006-80 APPROVING FINAL PLAT OF BANEBERRY HOLLOW H. ADOPT RESOLUTION NO.2006-81 APPROVING FINAL PLAT OF THE RIDGE AT RILEY CREEK 2ND ADDITION CITY COUNCIL MINUTES June 20,2006 Page 3 I. ADOPT RESOLUTION NO.2006-82 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING PUBLIC HEARING DATE FOR HILLTOP ROAD STREET & STORM SEWER IMPROVEMENTS,I.C. 05-5642 J. ADOPT RESOLUTION NO.2006-83 AUTHORIZING ISSUANCE OF $4 290 000 CAPITAL IMPROVEMENT PLAN BONDS SERIES 2006B K. ADOPT RESOLUTION NO.2006-84 CALLING FOR PUBLIC HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIFF)REDEVELOPMENT DISTRICT FOR THE SUPERIOR TECH PROJECT L. APPROVE COLUMBINE ROAD EASEMENT AGREEMENT WITH WELL-PROP MULTI10 LLC (FLAGSHIP ATHLETIC CLUB) M. APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER PERMIT PROGRAM N. AUTHORIZE SALE OF POLICE DEPARTMENT FIREARMS AND EQUIPMENT TO OTHER GOVERNMENTAL AGENCIES O. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE ABC FOUNDATION TO USE CDBG FUNDS FOR REHABILITATION OF THE ABC HOUSE Regarding Item J,Neal noted the City's AAA bond rating was approved. MOTION: Butcher moved, seconded by Case,to approve Items A-O on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS MOTION: Butcher 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." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS i CITY COUNCIL MINUTES June 20,2006 Page 4 XIII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO COMMISSIONS Assistant to the City Manager Mike Barone reviewed changes to policies for student representatives on commissions. Since applications continue to be high, appointments have been changed from eight months to four months in length to allow more students to participate. The schedule has been adjusted to reflect this change and to fit students' schedules. MOTION: Case moved, seconded by Butcher,to appoint Cassandra Warman to the Fall class; Colin O'Donnell to the Winter/Spring class; and Sarah Ericson and Kristy Shillock to both Fall& Winter/Spring classes for the Arts and Culture Commission during the 2006—2007 Students on Commission year. Motion carried 5-0. MOTION: Butcher moved, seconded by Case,to appoint Casey Russell and Jennifer Brown to the Fall class;Alesia Casanova and Mark Muston to the Winter/Spring class, and Lauren Mosman to both the Fall&Winter/Spring classes for the Conservation Commission during the 2006—2007 Students on Commission year.Motion carried 5-0. MOTION: Aho moved, seconded by Butcher,to appoint Nathan Wagner and Alexandra Shea to the Fall class;Kaitlin Robinson and Claire Lukens to the Winter/Spring class; and Lauren Bentz to both the Fall& Winter/Spring classes for the Heritage Preservation Commission during the 2006— 2007 Students on Commission year.Motion carried 5-0. MOTION: Young moved, seconded by Aho,to appoint Grace Li to the Fall class; Thea Terp to the Winter/Spring class; and Sandra Moran and Steven Shonts to both the Fall &Winter/Spring classes for the Human Rights and Diversity Commission during the 2006—2007 Students on Commission year.Motion carried 5-0. MOTION: Case moved, seconded by Butcher,to appoint William Wahlers, Jennifer Dworak, and Elise Garton to the Fall class; and Kristine Pederson,Alexa Redfield,and Stephen Carew to the Winter/Spring class for the Parks,Recreation, and Natural Resources Commission during the 2006—2007 Students on Commission year.Motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Disc Golf Improvements CITY COUNCIL MINUTES June 20,2006 Page 5 Case said he often hears of the popularity of the disk golf course. Users of the disc golf course should consider a petition if they would like the course expanded, or a new course added. Butcher noted the disc golf course has provided a heavily used and much appreciated amenity for very little cost. 2. Sign Adoption For Elizabeth Fries Ellet Trail Case recommended the City sponsor one of the three remaining signs on the Elizabeth Fries Ellett trail. Staff will look into it. 3. AMM Seeks Committee Members Tyra-Lukens reported the Association of Metro Municipalities(AMM) is seeking committee members,both councilmembers and Staff,to serve on committees preparing for the next legislative session, including topics of Metropolitan Agencies,Transportation,Housing and Economic Development, and Municipal Revenue.Neal noted City Assessor Steve Sinell will participate. 4. Voter Education Effort for AMBEST Referendum Tyra-Lukens said the Southwest LRT Commission has developed a voter education piece to build support for the referendum dedicating 100%of the motor vehicle sales tax to transportation. Talks with voters revealed the wording of the referendum is confusing, and support jumped sharply when voters understand there were no new taxes. B. REPORT OF CITY MANAGER 1. Meeting Minutes Standards Neal said based on discussion in tonight's workshop,the next City Council minutes will be prepared both in the current format and in the proposed summary"discussion and decision" format for purposes of comparison. The options can be reviewed at the August 1, 2006 workshop and meeting. 2. NIMS Training Neal directed Councilmembers attention to an article in the Minnesota League of Cities magazine regarding National Incident Management Training(NIMS). The City is conducting NIMS training,which requires CITY COUNCIL MINUTES June 20,2006 Page 6 different levels of training for different positions.Councilmembers will receive their NIMS training at a future workshop. 3. Somali Independence Day Celebration Neal noted councilmembers are invited to the Somali Independence Day celebration, Saturday, July 1, from 1-3 p.m. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Center Schematic Comparisons Neal prefaced the discussion by noting it is not unusual for public projects to expand as excitement builds,then contract due to financial parameters. The referendum authorized Council to borrow a certain amount but did not cap spending on the project. The Council has discretion to spend more on the project as long as there is a logical connection to what was voted on. Lambert reviewed the history of the project's development: Scheme A: The scheme used for the referendum-65,000 sq ft and $6.6 million. The City could build that facility today for the same price plus cost increases. Scheme B: The scheme as altered post-referendum after meetings with users and Staff. This feedback highlighted control access problems, which impact revenue. Components of the plan, including the gym and racquetball courts,were moved into a controlled area.This plan had a square footage of 63,000 with a similar cost to Scheme A. Scheme C: The scheme as altered after meetings with managers of private and public facilities. All managers agreed providing childcare is essential to generating memberships. The scheme added childcare and added offices and an arcade in the central building area vacated by the racquetball courts. It measured 72,660 sq. ft. and cost$8.8 million. Scheme D: The scheme as altered by Parks staff to cut costs. Along with many smaller items,the racquetball courts, childcare gym, and a large meeting room were cut or listed as deduct alternates. The scheme with all deduct alternates taken measures 56,000 sq. ft at a cost of$7.1 million. Scheme E: The scheme as altered by the Parks Commission. Commission members felt racquetball should be kept. They felt the CITY COUNCIL MINUTES June 20,2006 Page 7 meeting room was not worth taking out; since it fills a niche in an exterior wall, cost savings would be limited. Scheme E has an area of 67,000 sq ft and a cost of$8 million,reduced to 61,000 sq ft and$7.6 million if all deduct alternates are taken. Young asked if the numbers include furnishings. Lambert said the furnishings and fitness equipment add about$300,000 to the cost.Butcher asked Lambert to review how the shortfall would be funded. Lambert said the money would come from cash on hand from parks fees,which are paid by developers for neighborhood parks and community-wide amenities. The Council decides how these dedicated parks monies are spent. No additional taxes would be raised. Young said that although the Council has the authority to spend more,the City promoted a vision with a price attached to it in the referendum. It is natural to expect cost increases,but the increase on this project is uncomfortably high. Many of the causes of the increase could have been predicted prior to the referendum, for example, increases in materials costs after Hurricane Katrina,the need for child care,the decision to include racquetball courts, and the fact that outdated cost figures were used. The referendum only passed by 230 votes,and perhaps wouldn't have passed had the cost been higher. Young proposed making all the bid alternates firm reductions and eliminating the racquetball courts,which have passed their heyday. This would be responsive to the taxpayers while impacting a minimum number of people. Tyra-Lukens asked about racquetball revenue and usage. Lambert said the court is heavily used during the winter,typically busy from 5-10 p.m.nightly, and brings in$14,000 in revenue on two courts (vs. $15,000 on three courts when the City had three). Some members join because of racquetball,which is harder to find these days,but their numbers are small compared to fitness users. Aho said everyone wants a wonderful facility,but to exceed the costs by 20%or more•-14%even for the Scheme E proposal with all deduct alternates—is a big increase. In the future,projected cost increases should be built into the proposal. Costs are sure to rise even more. The City should look for cuts that don't impact usability. Butcher said the Parks Commission and Staff have already done that work, exhaustively. The Parks Commission is made up of taxpayers. She urged Councilmembers not to be shortsighted. The City has cash park fees to cover the difference and an excellent overall financial position, as evidenced by its AAA bond rating. The mission and vision for Eden Prairie is to provide a high quality of life. Estimating costs is very CITY COUNCIL MINUTES June 20,2006 Page 8 difficult and this level of increase is not unusual. Racquetball might get hot again too. It would be prudent to take the Staff and commission's recommendation. Case noted the backup plan simply to save the Community Center and make it livable, in the event of the referendum failing,would have cost$2 million, and would have come out of parks fees as well. Parks fees exist for the express purpose of enhancing the community. The City should not repeat the mistakes that were made with the original Center and the Oak Point pool. The Parks Commission members did examine the issue closely and knows well what other projects will have to be delayed by using parks fees toward the Community Center,yet still deemed spending them a wise decision. The Council would not be good stewards of the referendum money by building a non-functional facility. Tyra-Lukens asked Lambert to review the alternate process.Lambert explained going out with too many alternates makes bidders nervous and can cause them to bid the base project higher. The City is using deduct alternates(as opposed to deduct alternates) in the belief that it makes bidders more inclined to believe the City will do the whole project. Tyra- Lukens asked if there are too many alternates in the project. Lambert said no,but the number of alternates is maxed out and no more should be added. Tyra-Lukens said the decision is difficult. It is important to build a facility that residents will use and be proud of. Citizens often compare the Community Center to the ones in other cities. The proposed project is in no way extravagant compared to them. It would be far better to spend $8 million on a facility everyone is excited about than to spend $7 million and have people be disappointed. Tyra-Lukens said she disliked the$8 million price tag but the presence of the alternates made her comfortable enough to support the project. MOTION: Butcher moved, seconded by Case,to approve the motion. Tyra-Lukens clarified the motion approves the schematic plan, but does not require the City to build this version of the facility if bids come in high. Lambert said the motion directs Staff and the architect to design this specific building and do plans and specifications so it can be bid. The Council retains the option to eliminate the racquetball courts or make other changes. MOTION: Butcher moved, seconded by Case,to approve Schematic Plan E as per the recommendation of the Parks,Recreation and Natural Resources Commission with a cost estimate without alternates of CITY COUNCIL MINUTES June 20,2006 Page 9 $8,060,500; and a net cost estimate with alternates of$7,595,500. Motion carried 4-1 with Young opposed. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:05 p.m. Summary UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 20,2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah,City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. MRPA AWARD OF EXCELLENCE Dona Tilsner,of the Minnesota Recreation and Parks Association(MRPA), presented a 2005 award of excellence to the City for its new archery facility, designed to provide exemplary safety and functionality, and probably the only one of its kind statewide. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case and Tyra-Lukens each added two items to Reports of Councilmembers.Neal added two brief updates to Report of City Manager. MOTION: Aho moved, seconded by Case,to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. OPEN FORUM\OPEN PODIUM HELD TUESDAY,JUNE 6,2006 CITY COUNCIL MINUTES June 20,2006 Page 2 MOTION: Butcher moved, seconded by Young,to approve the Open Podium/Open Forum minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,TUESDAY,JUNE 6,2006 MOTION: Case moved, seconded by Young, to approve the City Council minutes as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BANEBERRY HOLLOW by Westlake Holding,LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.51 acres and Zoning District Change from Rural to RM-6.5 on 2.06 acres.Location: 10015 and 10065 Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District Change) C. GANDER MOUNTAIN by Oppidan Investment Company. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from 1-2 to Regional Commercial Service on 4.69 acres,Resolution for Site Plan Review on 4.69 acres.Location: 12150 Technology Drive. (Ordinance for PUD District Review with waivers and Zoning District Change,Resolution No. 2006-76 for Site Plan Review) D. PRIMROSE SCHOOL OF EDEN PRAIRIE by Primrose School Franchising Company. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 1.8 acres,Resolution for Site Plan Review on 1.8 acres.Location: 7800 Eden Prairie Road. (Ordinance No. 11-2006 for 8-2006 PUD District Review with waivers and Zoning District Amendment,Resolution No.2006-77 for Site Plan Review) E. ADOPT RESOLUTION NO.2006-78 APPROVING FINAL PLAT OF ERS ESTATES F. ADOPT RESOLUTION NO.2006-79 APPROVING FINAL PLAT OF GANDER MOUNTAIN G. ADOPT RESOLUTION NO.2006-80 APPROVING FINAL PLAT OF BANEBERRY HOLLOW H. ADOPT RESOLUTION NO.2006-81 APPROVING FINAL PLAT OF THE RIDGE AT RILEY CREEK 2""'ADDITION CITY COUNCIL MINUTES June 20,2006 Page 3 I. ADOPT RESOLUTION NO.2006-82 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING PUBLIC HEARING DATE FOR HILLTOP ROAD STREET & STORM SEWER IMPROVEMENTS,I.C. 05-5642 J. ADOPT RESOLUTION NO.2006-83 AUTHORIZING ISSUANCE OF $4,290,000 CAPITAL IMPROVEMENT PLAN BONDS SERIES 2006B K. ADOPT RESOLUTION NO.2006-84 CALLING FOR PUBLIC HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIF)REDEVELOPMENT DISTRICT FOR THE SUPERIOR TECH PROJECT L. APPROVE COLUMBINE ROAD EASEMENT AGREEMENT WITH WELL-PROP MULTI10 LLC (FLAGSHIP ATHLETIC CLUB) M. APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER PERMIT PROGRAM N. AUTHORIZE SALE OF POLICE DEPARTMENT FIREARMS AND EQUIPMENT TO OTHER GOVERNMENTAL AGENCIES O. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRA_MIE AND THE ABC FOUNDATION TO USE CDBG FUNDS FOR REHABILITATION OF THE ABC HOUSE Regarding Item J,Neal noted the City's AAA bond rating was approved. MOTION: Butcher moved, seconded by Case,to approve Items A-O on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS MOTION: Butcher 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." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS& COMMISSIONS CITY COUNCIL MINUTES June 20,2006 Page 4 XIII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO COMMISSIONS Assistant to the City Manager Mike Barone reviewed changes to policies for student representatives on commissions. Since applications continue to be high, appointments have been changed from eight months to four months in length to allow more students to participate. The schedule has been adjusted to reflect this change and to fit students' schedules. MOTION: Case moved, seconded by Butcher,to appoint Cassandra Warman to the Fall class;Colin O'Donnell to the Winter/Spring class; and Sarah Ericson and Kristy Shillock to both Fall& Winter/Spring classes for the Arts and Culture Commission during the 2006—2007 Students on Commission year. Motion carried 5-0. MOTION: Butcher moved, seconded by Case,to appoint Casey Russell and Jennifer Brown to the Fall class;Alesia Casanova and Mark Muston to the Winter/Spring class, and Lauren Mosman to both the Fall& Winter/Spring classes for the Conservation Commission during the 2006—2007 Students on Commission year. Motion carried 5-0. MOTION: Aho moved, seconded by Butcher,to appoint Nathan Wagner and Alexandra Shea to the Fall class;Kaitlin Robinson and Claire Lukens to the Winter/Spring class;and Lauren Bentz to both the Fall& Winter/Spring classes for the Heritage Preservation Commission during the 2006— 2007 Students on Commission year. Motion carried 5-0. MOTION: Young moved, seconded by Aho,to appoint Grace Li to the Fall class; Thea Terp to the Winter/Spring class; and Sandra Moran and Steven Shonts to both the Fall &Winter/Spring classes for the Human Rights and Diversity Commission during the 2006—2007 Students on Commission year.Motion carried 5-0. MOTION: Case moved, seconded by Butcher,to appoint William Wahlers, Jennifer Dworak, and Elise Garton to the Fall class; and Kristine Pederson,Alexa Redfield, and Stephen Carew to the Winter/Spring class for the Parks,Recreation, and Natural Resources Commission during the 2006—2007 Students on Commission year. Motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Disc Golf Improvements CITY COUNCIL MINUTES June 20,2006 Page 5 Users of the disc golf course should consider a petition if they would like the course expanded, or a new course added. 2. Sign Adoption For Elizabeth Fries Ellet Trail Staff will look into having the City adopt one of the three remaining signs for the Elizabeth Fries Ellet trail. 3. AMM Seeks Committee Members The Association of Metro Municipalities(AMM) is seeking committee members, both councilmembers and Staff,to serve on committees preparing for the next legislative session, including topics of Metropolitan Agencies,Transportation,Housing and Economic Development, and Municipal Revenue. City Assessor Steve Sinell will participate. 4. Voter Education Effort for AMBEST Referendum The Southwest LRT Commission has developed a voter education piece to build support for the referendum dedicating 100%of the motor vehicle sales tax to transportation. B. REPORT OF CITY MANAGER 1. Meetinp-Minutes Standards Based on discussion in tonight's workshop,the next City Council minutes will be prepared both in the current format and in the proposed summary "discussion and decision"format for purposes of comparison. The options can be reviewed at the August 1, 2006 workshop and meeting. 2. NIMS Training The City is conducting NIMS training, which requires different levels of training for different positions. Councilmembers will receive their NIMS training at a future workshop. 3. Somali Independence Day Celebration Councilmembers are invited to the Somali Independence Day celebration, Saturday, July 1, from 1-3 p.m. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MINUTES June 20,2006 Page 6 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Center Schematic Comparisons The Council has discretion to spend more than was in the referendum,just not to borrow more. Lambert presented a brief history of the evolution of the project, Schemes A—E. Scheme E, approved by the Parks Commission, is the recommended project. Council discussion raised and clarified the following points opposed to the motion: ➢ Furnishings and equipment would add$300,000 to the cost. ➢ The increase in cost is uncomfortably high and will likely rise further. ➢ Some of the increases could have been predicted and should have been included in the original referendum figure. ➢ The referendum passed by a narrow margin of 230 votes. ➢ Modifying Scheme E to eliminate the racquetball courts and make the bid alternates firm reductions would realize substantial savings without impacting many users. And the following points in favor: ➢ Projecting costs is difficult and this level of increase is not unusual. ➢ The shortfall would be paid out of existing parks fees already paid by developers, with no additional tax impacts. ➢ The express purpose of these cash parks fees is to enhance the community. ➢ The proposal has already reached the maximum number of deduct alternates that is practical for bidding. ➢ The City's"backup plan"to make the current Community Center workable, had the referendum failed,was estimated at$2 million to be paid out of parks fees. ➢ Racquetball is heavily used in season and might increase in popularity again. ➢ Parks Commission and Staff have already exhaustively examined what can be cut without sacrificing usability. ➢ It would be bad stewardship of the referendum monies to build a non-functional facility,as happened in the original construction of the Community Center and the Oak Point pool. ➢ The proposed Community Center is not extravagant compared to those in other cities. ➢ The City's mission and vision is to provide a high quality of life. CITY COUNCIL MINUTES June 20,2006 Page 7 ➢ It would be far better to spend$8 million on a project everyone would be happy with than$7 million on one that disappoints voters. ➢ The availability of deduct alternates is appealing as a mechanism to control cost as the project proceeds. ➢ The motion directs Staff and the architect to develop plans and specifications for the chosen schematic but does not commit to building that plan should the project bid higher. ➢ Council retains the power to remove the racquetball courts or request other changes to contain costs. MOTION: Butcher moved, seconded by Case,to approve Schematic Plan E as per the recommendation of the Parks,Recreation and Natural Resources Commission with a cost estimate without alternates of $8,060,500; and a net cost estimate with alternates of$7,595,500. Motion carried 4-1 with Young opposed. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:05 p.m. Traditional APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 18,2006 7:00 P.M.,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case and Philip Young STAFF MEMBERS: 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 Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:05 p.m. Councilmember Young was absent. Neal explained this meeting is not being broadcast to the public this evening because Staff is in the process of upgrading the audio and video system. This meeting will be broadcast at a later date. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PRESENTATION ON LIQUOR STORE REMODELING PLAN Neal explained that Sue Kotchevar, Chief Financial Officer,will present the remodeling plan for the City's liquor store located on Den Road. The City currently operates three liquor stores and the store on Den Road is owned by the City while the other two are leased. The City was given the opportunity to acquire additional square footage at the Den Road store and Kotchevar has been working with a consultant on developing a plan to improve this store. Kotchevar presented a brief overview of the existing store informing the Council of how the liquor store is currently operating. She presented an overview of the proposed floor plan adding 1,788 square feet to the store. The proposed design adds a wine tasting area and provides an opportunity for better store signage and a new cash rack with four registers.Kotchevar also reviewed with the Council the proposed changes to the front of the store and provided the detailed design elements. City Council Meeting July 18, 2006 Page 2 Tyra-Lukens explained tax dollars will not be used to remodel the liquor store but revenue generated from the sale of liquor will be used.These improvements will increase the store's revenue which goes into the Capital Improvement Plan and benefits all Eden Prairie residents. Butcher asked how these improvements to the front of the store will be incorporated into the Hollywood Video design located next door since the City owns the entire building.Kotchevar responded they have not specifically addressed that at this time but plan to make both stores consistent in appearance. Neal explained the Council is being asked to authorize Staff to proceed with the plans and specifications for the Den Road Liquor Store remodel project,to authorize hiring of an architect and to authorize bidding for the project.The bid results will be brought back to the City Council for final approval. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added two items under Reports of Councilmembers; award received by the City and dog park. Case said he has several items he would like to discuss under Reports of Councilmembers. MOTION: Butcher moved, seconded by Aho,to approve the agenda as published and amended. Motion carried,4-0. VI. MINUTES A. OPEN FORUM/OPEN PODIUM HELD TUESDAY,JUNE 20,2006 MOTION: Aho moved, seconded by Case,to approve the Open Forum/Open Podium minutes of June 20, 2006, as published.Motion carried,4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 20,2006 MOTION: Case moved, seconded by Aho,to approve the June 20,2006, City Council meeting minutes as published.Motion carried,4-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN BLUFF BUSINESS PARK PHASE 2-4 by United Properties. Second reading of the Ordinance for Planned Unit Development District Review with waivers on 28.11 acres and Zoning District Change from Rural to Office on 25.52 acres and from Rural to Neighborhood Commercial on 2.59 acres,Resolution for Site Plan Review. Location: Charlson Road and Highway 212 (Ordinance No. 18-2006 for 13-2006 PUD District Review with waivers and Zoning District Change,Resolution No.2006-85 for Site plan Review) City Council Meeting July 18, 2006 Page 3 C. ADOPT RESOLUTION NO.2006-86 APPROVING JURISDICTIONAL TRANSFER AGREEMENT NO.PW 18-49-06 WITH HENNEPIN COUNTY FOR REALIGNMENT OF CO.ROAD 4 SOUTH OF CO.ROAD 1,I.C. 5566 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH,INC. FOR CONCEPTUAL PLANS FOR RECONSTRUCTION OF DELL ROAD E. ADOPT RESOLUTION NO.2006-87 AUTHORIZING ACQUISITION OF TAX FO RFEITED LANDS F. AWARD BID FOR LOWER PURGATORY CREEK NATURE TRAIL CONSTRUCTION G. APPROVE AGREEMENT WITH LHB,INC.TO CONDUCT _INSPECTIONS AT 11995 AND 8140 FLYING CLOUD DRIVE; AND 8110, 8100 AND 8108 EDEN ROAD H. APPROVE AGREEMENT WITH EHLERS AND ASSOCIATES TO CONDUCT A FINANCING ANALYSIS AT 11995 AND 8140 FLYING CLOUD DRIVE; AND 8110, 8100 AND 8108 EDEN ROAD I. APPROVE AGREEMENT WITH LHB,INC.,TO CONDUCT A BUILDING INSPECTION AT 7505 FLYING CLOUD DRIVE J. APPROVE AGREEMENT WITH EHLERS AND ASSOCIATES TO CONDUCT A FINANCING ANALYSIS FOR 7505 FLYING CLOUD DRIVE K. AUTHORIZE NEXT STEPS FOR DEN ROAD LIQUOR STORE PROJECT INCLUDING HIRING AN ARCHITECT AND BIDDING DEN ROAD LIQUOR STORE REMODEL PROJECT L. ADOPT RESOLUTION NO.2006-88 AUTHORIZING AGREEMENT FOR SAFE & SOBER GRANT M. ADOPT RESOLUTION NO.2006-89 AUTHORIZING THE CITY OF EDEN PRAIRIE TO CONSENT TO TRANSFER OF THE PARK AT CITY WEST APARTMENTS FROM PARK AT CITY WEST LIMITED PARTNERSHIP TO PACW EDEN PRAIRIE LLC N. APPROVE THIRD AMENDMENT TO THE HOLLYWOOD VIDEO LEASE MOTION: Butcher moved, seconded by Aho,to approve Items A-N on the Consent Calendar. Motion carried,4-0. City Council Meeting July 18, 2006 Page 4 VIII. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF HILLTOP STREET AND STORM SEWER IMPROVEMENT SPECIAL ASSESSMENTS (Resolution No.2006-90) Neal reported official notice of this public hearing was published in the June 29 Eden Prairie Sun Current and sent to 26 property owners.The special assessment hearing is for the street and storm sewer assessment portion of Hilltop Road improvements authorized by the Council on May 2, 2006. Al Gray, City Engineer,reported Staff did hold an informational meeting with the neighborhood and gave the residents an opportunity to express their feelings on the assessment. John Hansen, 16200 Hilltop Road, clarified the improvements are to be made to the street of Hilltop Road. MOTION: Butcher moved, seconded by Case,to close the public hearing and adopt Resolution No. 2006-90 approving the Hilltop Road street and storm sewer improvement special assessments. Motion carried, 4-0. B. AMENDED TAX INCREMENT FINANCING PLAN AND AN AMENDED PROJECT MANAGEMENT AGREEMENT—PRAIRIE VILLAGE REDEVELOPMENT PROJECT(Resolution No.2006-91) Neal reported official notice of this public hearing was published in the June 29 Eden Prairie Sun Current.The HRA proposes to amend the tax Increment Financing Plan for its TIF District No. 10 to increase the total amount of tax increment expenditures from TIF District No. 10. These increased tax increment expenditures will provide for the payment of previously incurred public improvement costs of the developer of the Prairie Village development. In return, the developer will agree to continue to offer the reduced rents that are currently in place at Prairie Village pursuant to an interest rate reduction program, notwithstanding the termination of such program this year.Neal pointed out the HRA did adopt a Resolution earlier this evening amending the TIF Plan and amending the Project Management Agreement. MOTION: Case moved, seconded by Aho,to close the public hearing and adopt Resolution No. 2006-91 approving the amended tax increment financing plan and an amended project management agreement. Motion carried,4-0. C. VACATION OF PUBLIC ROADWAY EASEMENT OVER PART OF LOT 2,BLOCK 1,GRAY FOX BLUFF,VACATION 06-05 (Resolution No.2006- City Council Meeting July 18, 2006 Page 5 Neal reported official notice of this public hearing was published in the June 29 Eden Prairie Sun Current and three property owners were notified.The property owner has requested the vacation of the public roadway easement to facilitate replatting the property to The Preserve at Edenvale, approved by the Council on December 5, 2005. MOTION: Aho moved, seconded by Butcher,to close the public hearing and adopt Resolution No.2006-92 vacating the public roadway easement over part of Lot 2,Block 1, Gray Fox Bluff. Motion carried,4-0. D. WOODLAND 2ND ADDITION by Tom Robertson,Request for: Preliminary Plat of 27,979 square feet into one lot. Location: 6983 Woodland Drive. (Resolution for Preliminary Plan) Neal explained official notice of this public hearing was published in the July 6 Eden Prairie Sun Current and sent to 80 property owners.This is a preliminary plat of.64 acres into one lot in order to build a single-family home.This lot is part of the Woodland Addition which was approved as a replat of Edenvale P Addition and consists of 57 single-family residential lots and two outlots. Outlot A was originally approved as private open space with ownership by the Edenvale Homeowners' Association,which no longer exists. Since the Association no longer exists, a judge released the private open space covenants recorded on the property. Jeff Strate, 15021 Summerhill Drive, explained he lives in this neighborhood and is not opposed to this project, However, he does have some questions he would like clarified before the Council considers approval of this request. Originally, this area was planned to be open space as part of the Edenvale PUD.He questioned how Outlot A differs from the outlot the City intends to acquire. Strate said there are also concerns with keeping Bent Creek as a golf course which is part of the PUD as is Outlot A.He indicated there may be some legal issues. Dietz explained the primary difference between these outlots is that the property was acquired from Edenvale Land Corporation. The outlot Strate is referring to had been transferred to the Homeowners' Association which no longer exists. This outlot went tax forfeited and during that process the City had the option to acquire it for municipal use.At the time the City did not need additional park space in that area and did not acquire it. This outlot is now in private ownership. Case pointed out even though Outlot A is privately owned, so is Bent Creek Golf Course and both parcels had been pre-guided as open space. Case said they may be setting a precedent by taking a piece of land that had been designated as open space and now choosing to sell it off for development.He questioned how this would be different from what Bent Creek could do. Rosow explained when this proposal came into the City, it was noted the development would be subject to a Declaration of Covenant and conditions. Staff City Council Meeting July 18, 2006 Page 6 encouraged the applicant to not consider applying until these issues were resolved.Rosow said he has not had the opportunity to review this request and asked for additional time to do so and to discuss further with City staff. Case asked if it would be possible to table this item.Rosow indicated this item could be tabled and still be within the 60-day requirement. MOTION: Butcher moved, seconded by Case, to close the public hearing and to continue discussion of this item to the August 1 meeting. Motion carried,4-0. E. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION By Southwest Metro Transit Commission. Request for:Planned Unit Development Concept Review on 10.1 acres,Planned Unit Development District Review with waivers and Zoning District Amendment in the I-2 Zoning District on 10.1 acres, Resolution for Site Plan Review on 10.1 acres.Location: 14405 62°d Street West. (Resolution for PUD concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) Neal reported the applicant has requested this item be continued to the August 15 City Council meeting.The plans need to be revised based on soil conditions and costs. MOTION: Case moved, seconded by Butcher,to continue the public hearing to the August 15, 2006, City Council meeting. Motion carried,4-0. IX. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher, Case and Tyra-Lukens voting"aye". X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 3.05 REGARDING DISCONTINUANCE OF MUNICIPAL UTILITIES FOR FAILURE TO ALLOW METER SERVICE AND REPAIR/REPLACEMENT Neal explained the City serves approximately 18,000 utility customers with water and sewer service.For the past four years, staff and contractors have been converting the method of meter reading from a walking route system to a radio read system.There are about 180 customers that have not responded to repeated attempts to allow entry into their homes for the conversion process. Staff is not proposing to utilize"shutting off of service"at this time.However, as they reviewed their options with the City Attorney's office,they discovered a flaw in the Ordinance. The current Ordinance allows shutting off or discontinuing service for violation of City Code relating to the connection, failure to pay and for City Council Meeting July 18, 2006 Page 7 fraud/misrepresentation. The proposed Ordinance will also allow discontinuance of service for failure to allow meter service and repair/replacement. MOTION: Butcher moved, seconded by Aho,to approve the first reading of an Ordinance amending City Code Section 3.05 regarding discontinuance of municipal utilities for failure to allow meter service and repair/replacement. Motion carried,4-0. B. RESOLUTION NO.2006-93 IDENTIFYING NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING APPLICATION FOR GRANT FUNDS Neal reported Livable Communities Demonstration Account(LCDA) funding is being requested to offset eligible costs relative to Phase I of the town center redevelopment in the southwest quadrant of Hwy. 212 and Singletree Lane. Jeremiah stated Staff discussed with the Council the priority of the major center area and the town center as part of the Comprehensive Plan Update.They now have the opportunity to jump start the Town Center Redevelopment.A developer has a purchase agreement on five parcels and three buildings have been in' p g determined substandard. Staff has had an opportunity to do some of the financial analysis on the proposed redevelopment of mixed use and structured parking.On behalf of the City, a consultant is working to coordinate the plans to make sure they work together. Jeremiah indicated this is a wonderful opportunity to work with an expensive site. However,there does appear to be a gap in funding which TIF could potentially fill. In the meantime, Staff has submitted a request for $2,045,000 of funding from LCDA for this project to offset some of the expenses. Staff is requesting authorization to submit the application along with the Resolution. Jeremiah pointed out this application does not authorize the project, a particular design, or tax increment financing.The City is in no way obligated to approve anything with this current application. Aho questioned the total of the grant they can apply for in terms of monetary value.Jeremiah answered the total grant is for$8.8 million.They have applied for $2,045,000. The largest grant that has been previously awarded was for$2.5 million.This request is very much in keeping with the livable communities' concept. Case reported he and Butcher, along with City staff and the Planning Commission,toured four different community town center areas.He found it amazing as to what can be done for a major center area and this request is a good beginning for this project. Butcher said it was nice to see what other communities have done. MOTION: Case moved, seconded by Butcher,to adopt Resolution No. 2006-93 identifying the need for Livable Communities Demonstration Account funding and authorizing an application for grant funds. Motion carried,4-0. City Council Meeting July 18, 2006 Page 8 XI. PETITIONS.REQUESTS AND COMMUNICATIONS XII. REPORTS ON ADVISORY BOARDS & COMMISSIONS XIIL APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. MONEY Magazine Ranking of Eden Prairie—Mayor Tyra-Lukens Tyra-Lukens announced Eden Prairie has been ranked Number 10 on MONEYMagazine's annual list of"America's Best Places to Live". She stated she personally feels Eden Prairie is a fabulous City to live in. They have received other awards but this award means more because it looks at the entire picture and takes a balanced approach. On behalf of the City Council and Staff,Tyra-Lukens expressed her thanks to the entire community in making Eden Prairie a great city. She thanked the schools, businesses, City staff, groups and organizations,elected leaders including those at the State level and all of the residents in the City and all others who have worked with them.Tyra-Lukens said this award says they are doing something right in Eden Prairie. 2. Doe Park—Mayor Tyra-Lukens Tyra-Lukens explained they did dedicate the City's newest dog park this evening. It is located at Staring Lake and is almost six acres in size. Tyra- Lukens expressed her appreciation to Cheryl Luce and Libby Hargrove for their work in getting this dog park opened. She also expressed her appreciation to former Councilmember Jan Mosman who took the dog park issue on. 3. Bearpath Outlot Fence and Trail—Councilmember Case Case said it has been determined the City owns the outlot located by Bearpath but it has not been officially transferred. Case pointed out this now gives the City control of this 40-foot outlot.He indicated there is a black chain link fence that runs along that outlot is filled with Virginia creeper and serves as a screen.He suggested they ask the developer to keep the fence as is. Case said he also suggests they include in the Developer's Agreement that the developer construct a trail and the City will have complete control over where that trail will be located. It appears the trail can be constructed without the removal of any trees. Case said he is not requesting any action this evening but would ask City Council be allowed to provide input on the placement of the trail. City Council Meeting July 18, 2006 Page 9 4. Prospect Road—Councilmember Case Case asked if it would be possible for Staff to provide the Council with a brief update on the status of Prospect Road. 5. Senior Center—Councilmember Case Case said recently he had the opportunity to attend an event at the Senior Center and it was brought to his attention that some of the windows need to be replaced.Replacement windows had been placed in the budget but were removed because of the 20-year pay back.He asked this item be reviewed by the Conservation Commission or they could look at the window replacements under a 5-7 year pay back.The library room is not usable during the winter months because of the draft.Neal pointed out Staff has been talking to the Conservation Commission about a number of City facilities and they are putting together a list of potential projects. They are also looking at alternative funding to accomplish emergency conservation projects. They will look at including this project in that listing. Case indicated it was also brought to his attention that the Seniors are now required to carry water for quite a distance to water their garden. Case suggested a water faucet be added at the east end and he asked Staff to look into this. Case stated there is a Senior Board and he suggested the City Council meet with them annually or twice a year so they could address any questions and/or concerns the Board might have. 6. Helicopter Flight Path—Councilmember Case Case pointed out while walking along Pioneer Trail he noticed that several helicopters have been flying over the same flight path. There appears to be P Y g g P pP a Helicopter School at Flying Cloud Airport and he asked if the Flying Cloud Airports Commission could look at this patterned flying to see if it could be varied. 7. Lake Owners' Association—Councilmember Case Case said it was brought to his attention the Lake Owners' Association has expressed concern about water quality.He asked if it would be possible for the Council to have an update on how the City's lakes are this year and if there is an on-going problem. Neal explained Staff is proposing to devote an entire workshop to lakes and storm drainage on the second meeting in August. Case suggested the City Council Meeting July 18, 2006 Page 10 Lake Owners' Association be invited to this meeting so they can be informed as to what is happening with the City's lakes. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Hilltop Road Street and Utility Improvements Contract(Resolution No.2006-94). Dietz reported bids were received on July 6.Four bids were received with Three Rivers Construction Company's bid of$591,483.49 being 25 percent below the estimated construction cost utilized in the feasibility study. MOTION: Aho moved, seconded by Butcher,to award the contract for Hilltop Road street and utility improvements to Three Rivers Construction in the amount of$591,483.39. Motion carried,4-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINES XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the meeting.Motion carried, 4-0.The meeting adjourned at 8:05 p.m. Summary UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 18,2006 7:00 P.M.,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case and Philip Young STAFF MEMBERS: 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 Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:05 p.m.All Councilmembers were present except for Councilmember Young who was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PRESENTATION ON LIQUOR STORE REMODELING PLAN Kotchevar presented an overview of the proposed project.It was explained tax dollars will not be used to remodel the liquor store but revenue generated from the sale of liquor will be used. These improvements will increase the store's revenue which goes into the Capital Improvement Plan and benefits all Eden Prairie residents. Staff has not specifically addressed how the storefront will flow with the neighboring Hollywood Video store at this time but plan to make both stores consistent in appearance. Council is being asked to authorize Staff to proceed with the plans and specifications for the Den Road Liquor Store remodel project,to authorize hiring of an architect and to authorize bidding for the project. The bid results will be brought back to the City Council for final approval. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added two items under Reports of Councilmembers and Case said he has several items he would like to discuss under Reports of Councilmembers. City Council Meeting July 18,2006 Page 2 MOTION: Butcher moved, seconded by Aho,to approve the agenda as published and amended. Motion carried,4-0. VI. MINUTES A. OPEN FORUM/OPEN PODIUM HELD TUESDAY,JUNE 20,2006 MOTION: Aho moved, seconded by Case,to approve the Open Forum/Open Podium minutes of June 20, 2006, as published.Motion carried,4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 20,2006 MOTION: Case moved, seconded by Aho,to approve the June 20, 2006, City Council meeting minutes as published.Motion carried,4-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN BLUFF BUSINESS PARK PHASE 2-4 by United Properties. Second reading of the Ordinance for Planned Unit Development District Review with waivers on 28.11 acres and Zoning District Change from Rural to Office on 25.52 acres and from Rural to Neighborhood Commercial on 2.59 acres,Resolution for Site Plan Review.Location: Charlson Road and Highway 212 (Ordinance No. 18-2006 for 13-2006 PUD District Review with waivers and Zoning District Change,Resolution No.2006-85 for Site plan Review) C. ADOPT RESOLUTION NO.2006-86 APPROVING JURISDICTIONAL TRANSFER AGREEMENT NO.PW 18-49-06 WITH HENNEPIN COUNTY FOR REALIGNMENT OF CO.ROAD 4 SOUTH OF CO.ROAD 1,I.C. 5566 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH,INC. FOR CONCEPTUAL PLANS FOR RECONSTRUCTION OF DELL ROAD E. ADOPT RESOLUTION NO.2006-87 AUTHORIZING ACQUISITION OF TAX FORFEITED LANDS F. AWARD BID FOR LOWER PURGATORY CREEK NATURE TRAIL CONSTRUCTION G. APPROVE AGREEMENT WITH LHB,INC. TO CONDUCT INSPECTIONS AT 11995 AND 8140 FLYING CLOUD DRIVE; AND 8110, 8100 AND 8108 EDEN ROAD City Council Meeting July 18,2006 Page 3 H. APPROVE AGREEMENT WITH EHLERS AND ASSOCIATES TO CONDUCT A FINANCING ANALYSIS AT 11995 AND 8140 FLYING CLOUD DRIVE;AND 8110,8100 AND 8108 EDEN ROAD I. APPROVE AGREEMENT WITH LHB,INC.,TO CONDUCT A BUILDING INSPECTION AT 7505 FLYING CLOUD DRIVE J. APPROVE AGREEMENT WITH EHLERS AND ASSOCIATES TO CONDUCT A FINANCING ANALYSIS FOR 7505 FLYING CLOUD DRIVE K. AUTHORIZE NEXT STEPS FOR DEN ROAD LIQUOR STORE PROJECT INCLUDING HIRING AN ARCHITECT AND BIDDING DEN ROAD LIQUOR STORE REMODEL PROJECT L. ADOPT RESOLUTION NO.2006-88 AUTHORIZING AGREEMENT FOR SAFE& SOBER GRANT M. ADOPT RESOLUTION NO.2006-89 AUTHORIZING THE CITY OF EDEN PRAIRIE TO CONSENT TO TRANSFER OF THE PARK AT CITY WEST APARTMENTS FROM PARK AT CITY WEST LIMITED PARTNERSHIP TO PACW EDEN PRAIRIE LLC N. APPROVE THIRD AMENDMENT TO THE HOLLYWOOD VIDEO LEASE MOTION: Butcher moved, seconded by Aho,to approve Items A-N on the Consent Calendar.Motion carried,4-0. VIII. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF HILLTOP STREET AND STORM SEWER IMPROVEMENT SPECIAL ASSESSMENTS (Resolution No.2006-90) Official notice of this public hearing was published in the June 29 Eden Prairie Sun Current and sent to 26 property owners. The special assessment hearing is for the street and storm sewer assessment portion of Hilltop Road improvements authorized by the Council on May 2, 2006. Al Gray, City Engineer,reported Staff did hold an informational meeting with the neighborhood and gave the residents an opportunity to express their feelings on the assessment. City Council Meeting July 18,2006 Page 4 John Hansen, 16200 Hilltop Road, clarified the improvements are to be made to the street of Hilltop Road. MOTION: Butcher moved, seconded by Case,to close the public hearing and adopt Resolution No. 2006-90 approving the Hilltop Road street and storm sewer improvement special assessments. Motion carried,4-0. B. AMENDED TAX INCREMENT FINANCING PLAN AND AN AMENDED PROJECT MANAGEMENT AGREEMENT—PRAIRM VILLAGE REDEVELOPMENT PROJECT (Resolution No.2006-91) Official notice of this public hearing was published in the June 29 Eden Prairie Sun Current.The HRA proposes to amend the tax increment financing plan for its TIF District No. 10 to increase the total amount of tax increment expenditures from TIF District No. 10.These increased tax increment expenditures will provide for the payment of previously incurred public improvement costs of the developer of the Prairie Village development.In return, the developer will agree to continue to offer the reduced rents that are currently in place at Prairie Village pursuant to an interest rate reduction program,notwithstanding the termination of such program this year.Neal pointed out the HRA did adopt a Resolution earlier this evening amending the TIF Plan and amending the Project Management Agreement. MOTION: Case moved, seconded by Aho,to close the public hearing and adopt Resolution No.2006-91 approving the amended tax increment financing plan and an amended project management agreement. Motion carried,4-0. C. VACATION OF PUBLIC ROADWAY EASEMENT OVER PART OF LOT 2,BLOCK 1,GRAY FOX BLUFF,VACATION 06-05 (Resolution No.2006- 92) Official notice of this public hearing was published in the June 29 Eden Prairie Sun Current and three property owners were notified. The property owner has requested the vacation of the public roadway easement to facilitate replatting the property to The Preserve at Edenvale, approved by the Council on December 5, 2005. MOTION: Aho moved, seconded by Butcher,to close the public hearing and adopt Resolution No.2006-92 vacating the public roadway easement over part of Lot 2,Block 1, Gray Fox Bluff. Motion carried,4-0. D. WOODLAND 2ND ADDITION by Tom Robertson,Request for: Preliminary Plat of 27,979 square feet into one lot.Location: 6983 Woodland Drive. (Resolution for Preliminary Plan) City Council Meeting July 18, 2006 Page 5 Official notice of this public hearing was published in the July 6 Eden Prairie Sun Current and sent to 80 property owners. This is a preliminary plat of.64 acres into one lot in order to build a single-family home. This lot is part of the Woodland Addition which was approved as a replat of Edenvale 3rd Addition and consists of 57 single-family residential lots and two outlots. Outlot A was originally approved as private open space with ownership by the Edenvale Homeowners' Association,which no longer exists. Since the Association no longer exists, a judge released the private open space covenants recorded on the property. Jeff Strate, 15021 Summerhill Drive, explained he lives in this neighborhood and is not opposed to this project,However,he does have some questions he would like clarified before the Council considers approval of this request. Originally, this area was open planned to be o ace as part of the Edenvale PUD.He P P questioned how Outlot A differs from the outlot the City intends to acquire. Strate said there are also concerns with keeping Bent Creek as a golf course which is part of the PUD as is Outlot A. He indicated there may be some legal issues. Dietz explained the primary difference between these outlots is the property was acquired from Edenvale Land Corporation. The outlot Strate is referring to had been transferred to the Homeowners' Association which no longer exists.This outlot went tax forfeited and during that process the City had the option to acquire it for municipal use.At the time the City did not need additional park space in that area and did not acquire it.This outlot is now in private ownership. The following concerns were expressed: ➢ Even though"outlot A is privately owned, so is Bent Creek Golf Course. ➢ Both Outlot A and Bent Creek Golf Course have been pre-guided as open space. ➢ They may be setting a precedent by taking a piece of land that had been designated as open space and now choosing to sell it off for development. Rosow explained when this proposal came into the City, it was noted the development would be subject to a Declaration of Covenant and conditions. Staff. encouraged the applicant to not consider applying until these issues were resolved. Rosow said he has not had the opportunity to review this request and asked for additional time to do so and to discuss further with City staff.Rosow indicated this item could be tabled and still be within the 60-day requirement. MOTION: Butcher moved, seconded by Case,to close the public hearing and to continue discussion of this item to the August 1 meeting. Motion carried,4-0. City Council Meeting July 18, 2006 Page 6 E. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION By Southwest Metro Transit Commission.Request for: Planned Unit Development Concept Review on 10.1 acres,Planned Unit Development District Review with waivers and Zoning District Amendment in the I-2 Zoning District on 10.1 acres, Resolution for Site Plan Review on 10.1 acres.Location: 14405 62nd Street West. (Resolution for PUD concept Review,Ordinance for PUD District Review with waivers and Zoning District Amendment) Neal reported the applicant has requested this item be continued to the August 15 City Council meeting.The plans need to be revised based on soil conditions and costs. MOTION: Case moved, seconded by Butcher,to continue the public hearing to the August 15,2006, City Council meeting.Motion carried,4-0. IX. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher, Case and Tyra-Lukens voting"aye". X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 3.05 REGARDING DISCONTINUANCE OF MUNICIPAL UTILITIES FOR FAILURE TO ALLOW METER SERVICE AND REPAIR/REPLACEMENT The City serves approximately 18,000 utility customers with water and sewer service. For the past four years, staff and contractors have been converting the method of meter reading from a walking route system to a radio read system. There are about 180 customers that have not responded to repeated attempts to allow entry into their homes for the conversion process. Staff is not proposing to utilize"shutting off of service"at this time.However, as they reviewed their options with the City Attorney's office,they discovered a flaw in the Ordinance. The current Ordinance allows shutting off or discontinuing service for violation of City Code relating to the connection, failure to pay and for fraud/misrepresentation.The proposed Ordinance will also allow discontinuance of service for failure to allow meter service and repair/replacement. MOTION: Butcher moved, seconded by Aho,to approve the first reading of an Ordinance amending City Code Section 3.05 regarding discontinuance of municipal utilities for failure to allow meter service and repair/replacement. Motion carried,4-0. City Council Meeting July 18,2006 Page 7 B. RESOLUTION NO.2006-93 IDENTIFYING NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING APPLICATION FOR GRANT FUNDS Livable Communities Demonstration Account(LCDA) funding is being requested to offset eligible costs relative to Phase I of the town center redevelopment in the southwest quadrant of Hwy. 212 and Singletree Lane. Jeremiah stated Staff discussed with the Council the priority of the major center area and the town center as part of the Comprehensive Plan Update.They now have the opportunity to jump start the Town Center Redevelopment.A developer has a purchase agreement on five parcels and three buildings have been determined substandard. Staff has had an opportunity to do some of the financial. analysis on the proposed redevelopment of mixed use and structured parking. On behalf of the City, a consultant is working to coordinate the plans to make sure they work together.Jeremiah indicated this is a wonderful opportunity to work with an expensive site.However,there does appear to be a gap in funding which TIF could potentially fill. In the meantime, Staff has submitted a request for $2,045,000 of funding from LCDA for this project to offset some of the expenses. Staff is requesting authorization to submit the application along with the Resolution. Jeremiah pointed out this application does not authorize the project, a particular design, or tax increment financing.The City is in no way obligated to approve anything with this current application. MOTION: Case moved, seconded by Butcher,to adopt Resolution No.2006-93 identifying the need for Livable Communities Demonstration Account funding and authorizing an application for grant funds.Motion carried,4-0. XI. PETITIONS.REQUESTS AND COMMUNICATIONS XII. REPORTS ON ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. MONEY Mazazine Rankine of Eden Prairie—Mayor Tyra-Lukens Eden Prairie has been ranked Number 10 on MONEY Magazine's annual list of"America's Best Places to Live". 2. Do2 Park—Mayor Tyra-Lukens City Council Meeting July 18,2006 Page 8 Dedication for the City's newest dog park was held this evening. Cheryl Luce and Libby Hargrove were recognized for their work in getting this dog park opened as was former Councilmember Jan Mosman who took the dog park issue on. 3. Bearpath Outlot Fence and Trail—Councilmember Case The following requests were made regarding development at Bearpath: ➢ Ask the developer to keep the existing chain link fence as is. ➢ Include in the Developer's Agreement that the developer construct a trail and that the City will have complete control over where that trail will be located. ➢ Allow Council to provide input on the placement of the trail. 4. Prospect Road—Councilmember Case Staff is to provide the Council with a brief update on the status of Prospect Road. 5. Senior Center—Councilmember Case The following requests were made regarding the Senior Center: ➢ Replacement of windows in the Senior Center be reviewed by the Conservation Commission. ➢ Look at window replacements under a 5-7 year pay back rather than a 20-year pay back. ➢ Consider installing a water faucet at the east end of the Senior Center garden. ➢ Consider establishing an annual or semi-annual meeting with the Senior Center Board to address any questions and/or concerns. 6. Helicopter FhEht Path—Councilmember Case Requested the Flying Cloud Airports Commission look at the flight path of the helicopter school located at Flying Cloud Airport to determine if that path could be varied. 7. Lake Owners' Association—Councilmember Case The following items were requested regarding water quality of City lakes: i City Council Meet m g July 18, 2006 Page 9 ➢ Staff provide the Council with an update on how the City's lakes are this year and if there is an on-going problem. ➢ Invite the Lake Owners' Association to the Council's workshop to be held at the second meeting in August to review the status of the City's lakes and storm drainage. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Hilltop Road Street and Utility Improvements Contract(Resolution No.2006-94) Dietz reported bids were received on July 6.Four bids were received with Three Rivers Construction Company's bid of$591,483.49 being 25 percent below the estimated construction cost utilized in the feasibility study. MOTION: Aho moved, seconded by Butcher,to award the contract for Hilltop Road street and utility improvements to Three Rivers Construction in the amount of$591,483.39.Motion carried,4-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINES XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the meeting.Motion carried, 4-0.The meeting adjourned at 8:05 p.m. Traditional UNAPPROVED MINUTES EDEN PRAIRIE. CITY COUNCIL MEETING TUESDAY,AUGUST 1,2006 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Acting Mayor Ron Case, Councilmembers Brad Aho, Sherry Butcher, and Philip Young. Mayor Tyra-Lukens was absent. CITY STAFF: City Manager Scott Neal,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 Case called the meeting to order at 7:02,p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. INTERNATIONAL FESTIVAL Eden Prairie's third annual International Festival (Sunday,Aug. 13th from 3:00 to 8:30 p.m. at the Staring Lake Amphitheatre)will feature booths of international crafts and games run by Eden Prairie residents, as well as performances by both professional groups and residents displaying their cultural heritage through music and dance. Councilmembers and the public are welcomed to attend this celebration of Eden Prairie's diversity. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added item VII.G to the Consent Calendar,moved the Woodland 2nd Addition item to its correct spot under Ordinances, and added an update on the city's water supply to Report of the City Manager. Case added an item on tall grass mowing to Reports of Councilmembers. MOTION: Aho moved, seconded by Young,to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 18,2006 CITY COUNCIL MINUTES August 1,2006 Page 2 MOTION: Butcher moved, seconded by Aho,to approve the Council Workshop minutes as published. Motion carried 3-0-1 with Young abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,DULY 18,2006 MOTION: Aho moved, seconded by Butcher,to approve the City Council minutes as published. Motion carried 3-0-1 with Young abstaining. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO.2006-95 APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 3RD ADDITION C. APPROVE SECOND READING OF ORDINANCE 19-2006 AMENDING CITY CODE SECTION 3.05 REGARDING DISCONTINUANCE OF MUNICIPAL UTILITIES FOR FAILURE TO ALLOW METER SERVICE AND REPAIR/REPLACEMENT D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT 91-08 (LOTS 2-8,BLOCK 1,BLUFFS EAST 11 ADDITION) E. APPROVE PARTIAL RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT AND FIRST AMENDMENT TO SPECIAL ASSESSMENT AGREEMENT(LOT 14,BLOCK 6,HENNEPIN VILLAGE) F. APPROVE SALE OF ENGINE 22 TO HENNEPIN TECHNICAL COLLEGE IN RETURN FOR TUITION CREDITS G. CONSENT TO TRANSFER OF LEASE (SITE#A1P0008A)TO T-MOBILE CENTRAL LLC. MOTION: Young moved, seconded by Aho,to approve Items A-G on the Consent Calendar. Motion carried 4-0. VH1- PUBLIC HEARINGS/MEETINGS Case called the HRA meeting to order at 7:12 p.m. A. JOINT HRA& CITY COUNCIL PUBLIC HEARING ON ESTABLISHMENT OF TIF REDEVLOPMENT DISTRICT—SUPERIOR OFFICE CENTER PROJECT(FORMER PHYSICAL ELECTRONICS) (Resolutions) CITY COUNCIL MINUTES August 1,2006 Page 3 Neal said discussion is ongoing with the applicant for TIF assistance. The proponent asks and Staff agrees that the public hearing be continued until September 5t'. BRA/CITYCOUNCIL MOTION: Butcher moved, seconded by Young,to continue the public hearing on Establishment of TIF Redevelopment District— Superior Office Center to the September 5 h City Council Meeting. Motion carried 4-0. IIRA MOTION: Butcher moved, seconded by Aho, to adjourn the HRA. Motion carried 4-0. The HRA meeting adjourned at 7:15 p.m. B. SUPERIOR OFFICE CENTER by United Properties.Request for: Guide Plan Change from Industrial to Office on 10.36 acres,Planned Unit Development Concept Review on 10.36 acres, Planned Unit Development District Review and Zoning District Change from 1-2 to Office on 10.36 acres,Resolution for Site Plan Review on 10.36 acres, and Preliminary Plat on 10.36 acres into one lot.Location: 6509 Flying Cloud Drive. (Resolution for Guide Plan Change; Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change,Resolution for Preliminary Plat) Neal said discussion is ongoing for normal planning approvals as well. The proponent asks and Staff agrees that the public hearing be continued until September 5t'. MOTION: Young moved, seconded by Aho,to continue the public hearing on the Superior Office Center to the September 5 h City Council Meeting. Motion carried 4-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher,Case, and Young voting"aye." X. ORDINANCES AND RESOLUTIONS A. WOODLAND 2ND ADDITION by Tom Robertson.Request for: Preliminary Plat of 27,979 square feet into one lot. Location: 6983 Woodland Drive. (Resolution No.2006-96 for Preliminary Plat) Rosow reviewed possible implications for other open space if this outlot is developed as a single-family lot. The development does not negatively impact the City's position regarding other open areas. Though the outlot was originally dedicated as private open space,the plan changed over time as the development changed from multifamily to single family residences. The presence of additional open space in yards made the dedicating the outlot as open space unnecessary. CITY COUNCIL MINUTES August 1,2006 Page 4 The outlot was reclassified in 2001 as vacant residential land and has been taxed as such, and a court order has relieved the covenants of the homeowner's association.In contrast,the development of the Bent Creek Golf Course area has been stable over time. Distinguishing and material factors separate the two situations. MOTION: Young moved, seconded by Aho,to adopt Resolution No.2006-96 for Preliminary Plat on .64 acres into 1 lot; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommefidations and Council conditions. Motion carried 4-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.07 RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS Neal said the City Attorney has recommended that the City update its ordinances relating to dangerous and potentially dangerous dogs. A case decided by the Court of Appeals held that if a City did not have an ordinance in place, it could not use provisions of state law enabling its use to deal with dangerous dogs. The existing city ordinance did not contain any reference to dangerous dogs. The City Attorney has drafted language which allows the City to utilize the applicable state laws. MOTION: Aho moved, seconded by Butcher,to approve the first reading of the ordinance amending section 9.07 of the City Code. Motion carried 4-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS& COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Tall Grass Mowing Case said he had received input on tall grass mowing from a resident whose lawn was unmowed due to construction work. Sometimes there are other mitigating factors causing tall grass, including illness or a death. Case suggested making a final phone contact with residents giving the date the City will mow(and bill the resident)and/or making face to face contact before mowing. Aho agreed there are special circumstances but expressed concerns about encumbering Staff by adding additional requirements for specific kinds of contact. After discussion, Councilmembers agreed the ordinance and notification process is CITY COUNCIL MINUTES August 1,2006 Page 5 generally reasonable and respectful of residents and can be left to Staff judgment. B. REPORT OF CITY MANAGER 1. Water Supply Update Dietz said the City's water tanks had been heavily taxed recently, losing water at a rate of three feet per day. A public service announcement was sent out requesting full compliance with lawn watering restrictions, or the City would likely need a full ban. The City issued over 1000 citations for watering this year, double the normal number. Since night irrigation seems to be a major drain on the system, Staff went out at 3:00 a.m. on August 1 and issued about 200 citations. Case asked if back-to-back"odd days" (for example, July 31 and August 1) spiked violations for automated systems,and Dietz said he didn't know.Today's rain restored the tanks to almost full. Butcher noted the purpose of watering restrictions is to maintain safety. Dietz agreed,noting the fire department relies on the tanks to fight fires. The water in the Hidden Ponds tank has been as low as 1 foot this summer, versus its usual 35-40 feet. A water crisis in 1988 actually prompted the fire department to patrol the streets with loudspeakers asking residents to comply with watering bans. Heavy pumping of the aquifier also causes the water table to drop 50-75 feet,which leads in turn to a significant loss of well field capacity. Case noted other communities are also experiencing water restrictions. The City always seeks a balance between providing availability of water in all circumstances and containing costs. Dietz said the City's current 14 wells pump a total of 28 million gallons maximum. With further development,the City will likely need to add two more wells and will probably begin this process next year. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Prospect Road Briefing/Alternatives Discussion Dietz presented possible alternatives to the current Prospect Road proposal near Hennepin Village, as requested by Council. One key issue here is the desire for a secondary access point to the neighborhood,which is desirable for fire,police, and public works. The second is potential environmental impacts. In recent years,the City has limited the length and overall use of CITY COUNCIL MINUTES August 1,2006 Page 6 cul de sacs, unless there are significant environmental issues driving their use. So both factors come into play in this instance. Dietz noted the approval process for Hennepin Village in 2001 included Prospect Road and decisions have been based on its inclusion. Dietz presented alternative scenarios for Prospect Road and for providing safe access to current and future neighborhoods which are likely to be developed if Prospect Road goes through. For Prospect Road itself,there are two alternatives,both of which would provide the needed secondary access to Hennepin Village A: ➢ Implement the proposal as developed five years ago,which includes a culvert and fill for the Riley Creek crossing and incorporates 10 percent grades. Environmental concerns raised by residents include the steep grades,the presence of five to ten springs in the fill area,possible impacts on Miller Spring, and the additional of impervious surface(the road). There would be no additional cost beyond the projected$600,000 cost for this proposal. ➢ Make the creek crossing a bridge instead of a culvert with fill. A bridge crossing would have several advantages, including reducing the grade to 8%, avoiding putting fill over the springs, avoiding changing the water velocity in the stream bed as a culvert would do, and being more attractive. It would,however, add to the cost: an additional $500,000 for a 75-foot bridge, and an additional$1.2 million for a 200-foot bridge. Dietz noted that with Prospect Road in place,the City should expect to see further development. Eden Prairie Road would likely become a cul de sac and other second access roads would be constructed to provide �1' secondary access to local neighborhoods during emergencies(for example, flooding at creek crossings). Dietz presented five mapped options for these roads,but noted each involves takings, driving total costs for construction and right-of-way to between $2 million and $3 million. Many of these roads have 10%grades and present some potential environmental impacts as well. Dietz recommended proceeding with Prospect Road in either form, and also making at least a residential-street connection across as new neighborhoods are developed. The concept should be broached to residents now, especially since some of the homes in or near the right of way are very expensive. Butcher noted the bottom line concern of residents seems to be about natural resources. She asked if the bridge option would have less impact. Dietz said he believed pipe and drain tile could be used under the fill in the culvert option to channel flow from the springs. Impact on Miller Spring,however, is hard to predict. There are four crossings of Riley CITY COUNCIL MINUTES August 1,2006 Page 7 Creek already, and the Prospect Road crossing is 30 feet higher than the elevation of the spring, so Dietz did not see an obvious problem. However,when the spring pipe was installed, a difference of just 4 feet made it run dry the spring is only about 110 inches deep. There is no science to say whether Prospect Road would or would not disrupt Miller Spring. As for the addition of impervious area,the road surface represents less than 1%of the water collection area, so is unlikely to have much effect. Dietz said a bridge(especially a 200-foot bridge)would provide a wildlife corridor and better aesthetics. Jeremiah noted the bridge option also provides a trail corridor along the creek. Dietz noted the bridge option also creates less change in the velocity and flow pattern of the stream,which environmentalists prefer. Young asked if the Planning Commission would examine the issue, and Dietz said yes. He will also debrief with concerned residents. Young asked if doing nothing were an option. Dietz said the City could keep Eden Prairie Road open and add a cul de sac for plowing,but he would not recommend it. Case noted there is a trail with a culvert leading out of Hennepin Village A and wondered if it could be developed into a"safety exit"solely for emergency access. He also asked if the City could do the Environmental Assessment Worksheet, since it was not done in 2001. After discussion, Council directed Staff to brief the Planning Commission, Parks, Recreation, and Natural Resources Commission,the Conservation Commission,and the Historic Preservation Commission on the project as the process goes forward. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. City vs.Advantage Media Rosow said the City's billboard ordinance was affirmed on all counts. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:12 p.m. Summary UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 1,2006 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Acting Mayor Ron Case, Councilmembers Brad Aho, Sherry Butcher, and Philip Young. Mayor Tyra-Lukens was absent. CITY STAFF: City Manager Scott Neal,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 Case called the meeting to order at 7:02 p.m. Mayor Tyra-Lukens was absent. H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. INTERNATIONAL FESTIVAL Councilmembers and the public are welcomed to attend Eden Prairie's third annual International Festival Sunday,Aug. 13d'. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added item VII.G to the Consent Calendar,moved the Woodland 2ad Addition item to its correct spot under Ordinances, and added an update on the city's water supply to Report of the City Manager. Case added an item on tall grass mowing to Reports of Councilmembers. MOTION: Aho moved, seconded by Young, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 18,2006 MOTION: Butcher moved, seconded by Aho,to approve the Council Workshop minutes as published. Motion carried 3-0-1 with Young abstaining. CITY COUNCIL MINUTES August 1,2006 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,DULY 18,2006 MOTION: Aho moved, seconded by Butcher,to approve the City Council minutes as published. Motion carried 3-0-1 with Young abstaining. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2006-95 APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 3'm ADDITION C. APPROVE SECOND READING OF ORDINANCE 19-2006 AMENDING CITY CODE SECTION 3.05 REGARDING DISCONTINUANCE OF MUNICIPAL UTILITIES FOR FAILURE TO ALLOW METER SERVICE AND REPAIR/REPLACEMENT D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT 91-08 (LOTS 2-8,BLOCK 1,BLUFFS EAST 11 ADDITION) E. APPROVE PARTIAL RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT AND FIRST AMENDMENT TO SPECIAL ASSESSMENT AGREEMENT(LOT 14,BLOCK 6.HENNEPIN VILLAGE) F. APPROVE SALE OF ENGINE 22 TO HENNEPIN TECHNICAL COLLEGE IN RETURN FOR TUITION CREDITS G. CONSENT TO TRANSFER OF LEASE (SITE#A1P0008A)TO T-MOBILE CENTRAL LLC. MOTION: Young moved, seconded by Aho,to approve Items A-G on the Consent Calendar. Motion carried 4-0. VIII. PUBLIC HEARINGS/MEETINGS Case called the HRA meeting to order at 7:12 p.m. A. JOINT HRA& CITY COUNCIL PUBLIC HEARING ON ESTABLISHMENT OF TIF REDEVLOPMENT DISTRICT—SUPERIOR OFFICE CENTER PROJECT(FORMER PHYSICAL ELECTRONICS) (Resolutions) Discussion is ongoing with the applicant for TIF assistance. The proponent asks and Staff agrees that the public hearing be continued until September 51'. HRA/CITYCOUNCIL MOTION: Butcher moved, seconded by Young,to continue the public hearing on Establishment of TIF Redevelopment District— CITY COUNCIL MINUTES August 1,2006 Page 3 Superior Office Center to the September 5a'City Council Meeting. Motion carried 4-0. HRA MOTION: Butcher moved, seconded by Aho, to adjourn the HRA. Motion carried 4-0. The HRA meeting adjourned at 7:15 p.m. B. SUPERIOR OFFICE CENTER by United Properties.Request for: Guide Plan Change from Industrial to Office on 10.36 acres,Planned Unit Development Concept Review on 10.36 acres,Planned Unit Development District Review and Zoning District Change from I-2 to Office on 10.36 acres,Resolution for Site Plan Review on 10.36 acres, and Preliminary Plat on 10.36 acres into one lot.Location: 6509 Flying Cloud Drive. (Resolution for Guide Plan Change;Resolution for PUD Concept Review,Ordinance for PUD District Review and Zoning District Change,Resolution for Preliminary Plat g � �' ) Discussion is ongoing for normal planning approvals as well. The proponent asks and Staff agrees that the public hearing be continued until September 51h . MOTION: Young moved, seconded by Aho,to continue the public hearing on the Superior Office Center to the September 5 h City Council Meeting. Motion carried 4-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher,Case, and Young voting"aye." X. ORDINANCES AND RESOLUTIONS A. WOODLAND 2ND ADDITION by Tom Robertson. Request for:Preliminary Plat of 27,979 square feet into one lot.Location: 6983 Woodland Drive. (Resolution No.2006-96 for Preliminary Plat) Rosow reviewed possible implications for other open space if this outlot is developed as a single-family lot. The development does not negatively impact the City's position regarding other open areas. Though the outlot was originally dedicated as private open space,the plan changed over time as the development changed from multifamily to single family residences. The presence of additional open space in yards made the dedicating the outlot as open space unnecessary. The outlot was reclassified in 2001 as vacant residential land and has been taxed as such, and a court order has relieved the covenants of the homeowner's association. In contrast,the development-of the Bent Creek Golf Course area has been stable over time. Distinguishing and material factors separate the two situations. CITY COUNCIL MINUTES August 1,2006 Page 4 MOTION: Young moved, seconded by Aho,to adopt Resolution No.2006-96 for Preliminary Plat on .64 acres into 1 lot; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 4-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.07 RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS Neal said the City Attorney has recommended that the City update its ordinances relating to dangerous and potentially dangerous dogs. A case decided by the Court of Appeals held that if a City did not have an ordinance in place, it could not use provisions of state law enabling its use to deal with dangerous dogs. The existing city ordinance did not contain any reference to dangerous dogs. The City Attorney has drafted language which allows the City to utilize the applicable state laws. MOTION: Aho moved, seconded by Butcher,to approve the first reading of the ordinance amending section 9.07 of the City Code. Motion carried 4-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XHI. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Tall Grass Mowing Based on resident input, Councilmembers discussed whether City Staff should make additional phone or face to face contacts to determine if there are special circumstances before mowing tall grass and billing residents. After discussion, Councilmembers agreed the ordinance and notification process is generally reasonable and respectful of residents and can be left to Staff judgment. B. REPORT OF CITY MANAGER 1. Water Supply Update Dietz reported that although today's rain refilled the City's water tanks, they had been losing water at a rate of three feet per day and dropping to as low as 1 foot vs. 35-40 feet normally. The City used a public service announcement requesting compliance with watering restrictions and CITY COUNCIL MINUTES August 1,2006 Page 5 issued over 1000 citations this year, including a 3 a.m. sweep to check sprinkler system violations. Heavy pumping of the aquifer also causes the water table to drop 50-75 feet,which leads to a significant loss of well field capacity. The City's current 14 wells pump a total of 28 million gallons maximum. With further development,the City will likely need to add two more wells and will probably begin this process next year. Councilmembers noted back-to-back"odd"days(for example July 31 and August 1)may be a cause of some automated sprinkler violations. Restrictions are needed because the fire department relies on the tanks to fight fires. The City strives to provide reasonable water capacity for typical conditions at a reasonable cost. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Prospect Road Briefing/Alternatives Discussion In response to resident concerns, Council requested alternatives for the Prospect Road project. Dietz said a secondary access to Hennepin Village is needed for fire,police, and public works. He presented two alternatives: ➢ Implement the current proposal,which includes a culvert and fill for the Riley Creek crossing. Environmental concerns raised by residents include the 10%grades,the covering of five to ten springs by fill,possible impacts on Miller Spring, and additional impervious surface. There would be no additional cost beyond the projected$600,000 cost for this proposal. ➢ Use a bridge. A bridge crossing would have several advantages, including reducing the grade to 8%, avoiding putting fill over the springs, and be more attractive. It would,however, add to the cost: an additional $500,000 for a 75-foot bridge, and an additional$1.2 million for a 200-foot bridge. Dietz noted that with Prospect Road in place,the City should expect to see further development. Eden Prairie Road would likely become a cul de sac and other secondary access roads would be constructed. Dietz presented five options for these roads,but noted each involves takings, driving total costs for construction and right-of-way to between$2 million and $3 million. Many of these roads have 10%grades and potential environmental impacts as well. Dietz recommended proceeding with Prospect Road in either form and planning on creating at least a CITY COUNCIL MINUTES August 1,2006 Page 6 residential-street connection as development occurs. The concept should be broached to residents now, especially since some of the homes in the right of way are very expensive. Councilmembers asked if the bridge option would have less environmental impact. Dietz said he believed pipe and drain tile could be used under fill to channel flow from the springs. Impact on Miller Spring,however, is hard to predict. There is no science to say whether Prospect Road would or would not disrupt Miller Spring. As for the addition of impervious area,the road surface represents less than 1%of the water collection area, so is unlikely to have much effect. A bridge(especially a 200-foot bridge) would provide a wildlife corridor and trail corridor with better aesthetics and create less change in the velocity and flow pattern of the stream, which environmentalists prefer. Councilmembers shared the following suggestions: ➢ Do nothing. Dietz said that leaving Eden Prairie Road open and adding a cul de sac for plowing would be an option, but he would not recommend it. ➢ Look at making an emergency-only"safety exit"along the established trail with a culvert. ➢ Do the Environment Assessment Worksheet, as it was not done in 2001 when Prospect Road was planned. After discussion, Council directed Staff to brief the Planning Commission, Parks,Recreation, and Natural Resources Commission,the Conservation Commission,and the Historic Preservation Commission on the project as the process goes forward. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY'ATTORNEY 1. City vs.Advantage Media Rosow said the City's billboard ordinance was affirmed on all counts. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:12 p.m. CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director August 15, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Robert A.Lambert,Director Veterans Memorial Concept Plan Parks and Recreation Requested Action Move to: • Approve the concept plan recommended by the Veterans Memorial Committee; and • Preserve the portion of the Purgatory Creek Recreation Area planned for the Veterans memorial until sufficient funds are raised to construct the project. Synopsis On July 11, 2006,the Veterans Memorial Committee unanimously supported approving the concept plan"Concept A"to be approved by the Parks,Recreation and Natural Resources Commission;the Arts and Cultural Commission; and the City Council, and furthermore, initiated the process to begin fundraising for this project as soon as the City Council approves the project. The concept plan depicts the site plan which will ultimately two yet-to-be-determined art sculptures which will be the focal point of the memorial. The first sculpture will depict conflict and war;the second sculpture will depict peace and freedom. The estimated cost for the total project is approximately $300,000 with$100,000 of that cost projected for the cost of the sculptures. The committee is recommending a design competition to determine the design of the sculptures once the funds are available for the entire project. The site could be developed without the sculptures if the committee decides to do a two-phase project, realizing that it maybe easier to raise funds for the sculptures once the site is completed. The Parks,Recreation and Natural Resources Commission unanimously approved this action at their August 7, 2006 meeting. Background In June of 2005, John Mallo suggested the City consider a citizens task force to design a veterans memorial somewhere within the Eden Prairie parks system. The City Council agreed that a veterans memorial would be a nice addition to the parks system and requested the City staff to recommend a process for evaluating the feasibility of the request. Veterans Memorial Concept Plan August 15, 2006 Page 2 The City Council ultimately approved a process to utilize a citizens task force to assist the City in considering the feasibility of a veterans memorial and to determine a location, design and cost for a memorial. City staff advertised for citizens to apply for the committee. When only one person applied for the task force, staff recommended continuing the item until more citizens showed interest in this concept.* By the end of the year, several other residents had contacted City staff to express an interest in this project, and staff advertised for additional citizens who may be interested in serving on a task force in January of 2006. Fifteen people applied to serve on the task force. Staff recommended all 15 be appointed to the task force. Throughout the next six months,ten additional residents expressed interest in either serving on the committee or working on fundraising for this project. In the Spring of 2007, staff hired SRF to assist the City in evaluating sites within the parks system for a veterans memorial and to assist the task force in developing a design for a memorial. The Committee began meeting in March of 2006, and met on a monthly basis through July. At the July 11 meeting,the committee unanimously recommended"Concept A"as the concept site plan to be approved by the Parks,Recreation and Natural Resources Commission;the Arts and Culture Commission; and the City Council. The Committee further recommended that the City preserve that portion of the Purgatory Creek Recreation Area for a veterans memorial to be constructed when sufficient funds were raised for this project. Upon approval of the concept plan for the memorial,the task force will begin the fundraising effort. City staff supports the concept plan and the process proposed by the citizens committee and recommends council approval. Attachment Veterans Memorial Concept Plan i 3 4 j path connection to garden area 1 proposed walk ; connection to j`?.. boardwalk overlook V overstory tree flagpole feature (American state.,RaW.flag) I • annual flower ^'� f entry feature seating wall with U.S.served War ` precast.concrete cap recognition ;- 4 family r military branch sacrifice r f _ s recognition column inscription, wn war/conflict theme 4 -access . s 7 . �. lawn sculpture feature access z � bench seating � h R peace/freedom theme erennlal--, , `a A '' �' sculpture feature �`. flower border t•. r ornamental tree 3'-4'high seating wall with shrub massing a , precast concrete cap annual flower entry€eature . existing path MI _f Eden Prairie veterans Memorial Eden Prairie,MN 4�: I i i z a is M : `preci�d recast seat wall ca ast.concrete branch � P P � identification columns s'11 bnedge branch emblem oft column ae t m Cr a z NuttarFaFneor+earucLtlat-.A _-i% gaaaad b7! v :..cecwynawa„wwv�wh+nnoruakhmwxdlwtl4diatWesha�P baaranr �*' f, '� .. 1« mark rlo am n1r k..y �,,, �. ;° a�wlh'-'BwSnsimpleokad4a�WdWy.as,_� stood�c or A?7a+ , �� _Eu�dnEmcetanYhatdtf+rP.woPw�aritf�kna.Appos�!'anYtne.maa al aiN � a� �_ �-. an.yaWbaa�l,dared� and dtvd, IiMdtlra� >^ -". U+awocass ocluhoror r,,•JoMcf Kam{rir Eden Prairie Veterans Memorial Eden Prairie.MN ........... IL r � _ Iaazdwffikxeewwaik 169me mllkarpWadt pluaams warlmtd it" plwk>9 olk pwrelkWom walk seaiwlis Wwn` ssu� xea marka/uaiwdi M*Iwehaum area area xm fcaiptwekatm access area pa9t , Eden Prairie Veterans Memorial Eden Prairie.MN CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director August 15, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Robert A. Lambert,Director County Road 4 Bike Trail Plans Parks and Recreation Requested Action Move to: Approve the completion of final plans and specifications for bid of the bicycle trail plans on the west side of County Road 4 from Mere Drive north to County Road 62 and on the east side of County Road 4 from Baywood Lane to Rainbow Drive,and from Park Terrace Drive north through Birch Island Park to County Road 62. Furthermore,request Hennepin County to approve a pedestrian at grade crossing at Duck Lake Trail. Synopsis HTPO has completed the co 1 r construction o bicycle trails on the west side of County concept plans for constru f bic p P P y Road 4 and on the east side of CountyRoad 4 from the terminus of the existing trails north to g Crosstown Road. The estimated cost to complete trails on both side of County Road 4 at this time is approximately $2 million. City staff believes that cost is excessive and would recommend completing the trail on the west side of County Road 4 and on portions of the east side that would provide all residents with access to a trail that would allow safer access to the trail system and Birch Island Park. The estimated cost for this project is approximately $1,185,000. The Parks,Recreation and Natural Resources Commission unanimously approved that recommendation at their August 7, 2006,meeting. Background The City Trail System Plan calls for construction of trails on both sides of all county roads throughout Eden Prairie.Trails on County Road 4 had been completed on the west side from south of Valley Road,north to Mere Drive and on the east side from Highway 212 north to Hillcrest Drive. Recently a park referendum provided$2 million for financial support to assist in completion of the trail system within the community. City staff estimate that the cost to complete the trail system within Eden Prairie will be in excess of$6 million;the highest priority was to complete the trails along County Road 4 and complete the sidewalks and trails within the"downtown" area. The estimated cost to complete trails on both sides of County 4 north to Crosstown Road is $2 million. Of that cost, over$700,000 is related to retaining walls and the bridge over the railroad on the east side of the road. The majority of the retaining walls are also located on the east side. County Road 4 Bike Trail Plans August 15,2006 Page 2 The estimated cost to complete the trail on the west side and from Crosstown Road south to Birch Island Park on the east is approximately$605,000. Staff would recommend proceeding with this project subject to County Transportation Department approval in 2007. Staff would further recommend retaining at least$800,000 of the referendum funds for supporting the expanded walkable community goal in the downtown area. The city should apply for grants to assist in funding the trail along County Road 4;however,the maximum amount of grant money available for this project would be $100,000. The City should consider installing a pedestrian crossing at Duck Lake Trail and installing a trail on the east side of County Road 4 from Baywood Lane north to Rainbow Drive, as well as a trail from Park Terrace Drive to north Birch Island Park.The estimated cost for these sections of trail is $580,000. The City should be extremely aggressive in requesting the County to accommodate bicycle trails on both sides of the bridge over the railroad tracks as soon as the County determines that bridge needs major renovation. Attachments Preliminary Cost Estimates: West side of County Road 4 East side of County Road 4—Baywood Lane to Rainbow Drive East side of County Road 4—Park Terrace Drive to Birch Island Park Map Depicting Trail Sections Preliminary Cost Estimate 8-2-06 County Road 4 Trail(West Side of Road) City of Eden Prairie EST. Item No. Item QTY. Unit Unit Price Total 2101.507 Remove Trees 17 Each $ 330.00 $ 5,610.00 2104.501 Remove Culvert Pipe(CMP) 200 Lin.Ft. $ 6.00 $ 1,200.00 2104.501 Remove Guard Rail 0 Lin.Ft $ 5.30 $ - i 2104.501 Remove Pavement 765 Sq.Yd. $ 5.00 $ 3,825.00 2104.501 Remove Concrete Curb 0 Lin.Ft 5.50 - $ $ 2104.503 Remove Retaining Wall 0 Sq.Ft. $ 4.40 $ - 2104.521 Remove and Replace Fence 0 Lin.Ft $ 20.00 $ - 2104.523 Relocate Signs 7 Each $ 137.50 $ 962-50 2104.523 Relocate Street Light 3 Each $ 1,650.00 $ 4,950.00 2504.602 Relocate Hydrant 2 Each $ 2,000.00 $ 4,000.00 2504.602 Adjust Gate Valve 0 Each $ 220.00 $ - 2506.522 Adjust Frame&Ring Casting 9 Each $ 358.00 $ 3,222.00 2540.602 Relocate Mail Box 9 Each $ 137.50 $ 1,237.50 202.1.501 Mobilization 0.3 Lump Sum $ 65,000.00 $ 19,500.00 2105.501 Common Excavation 7500 Cu.Yd. $ 12.00 $ 90,000.00 2105.522 Select Granular Borrow 735 Cu.Yd. $ 15.00 $ 11,025.00 2123.61 Street Sweeping 13 Hour $ 100.00 $ 1,300.00 2211.501 Aggregate Base Class 5 1200 Ton $ 20.35 $ 24,420.00 2350.501 Street and Driveway Patch 7000 Sq.Ft. $ 5.00 $ 35,000.00 2402.532 160'x 8'Pedestrian Bridge 0 Each $218,120.00 $ - 2402.532 20'x 8'Pedestrian Bridge 0 Each $ 17,825.00 $ - i 2402.532 40'x 8'Pedestrian Bridge 0 Each $ 24,150.00 $ - 2402.533 Install 160'x 8'Pedestrian Bridge 0 Each $ 69,000.00 $ - 2402.533 Install 20'x 8'Pedestrian Bridge 0 Each $ 28,750.00 $ - 2402.533 Install 40'x 8'Pedestrian Bridge 0 Each $ 28,750.00 $ - 2411.507 Wall Subbase 0 Lin.Ft. $ 22.00 $ - 2411.603 Modular Block Retaining Wall 3000 Sq.Ft. $ 25.00 $ 75,000.00 2501.511 12"CMP 50 Lin.Ft $ 29.21 $ 1,460.50 2501.511 15"CMP 0 Lin.Ft $ 48.00 $ 2501.511 24"CMP 0 Lin Ft. $ 105.00 $ - 2501.515 12"CMP Apron(FES) 4 Each $ 279.00 $ 1,116.00 2501.515 15"CMP Apron(FES)' 0 Each $ 349.00 $ - 2501.515 24"CMP Apron(FES) 0 Each $ 559.00 $ - 2506.602 27"Catch Basin Manhole with Frame&Grate 2 Each $ 1,490.00 $ 2,980.00 2506.602 48"Catch Basin Manhole with Frame&Grate 7 Each $ 2,092.00 $ 14,644.00 2511.501 Random Rip Rap CL III(Includes Geotextile Fabric 0 Cu.Yd. $ ll0.00 $ - 2511.501 Random Rip Rap CL IV(Includes Geotextile Fabric 50 Cu.Yd. $ 91.00 $ 4,550.00 2521.501 Concrete Walk 1.5 wide,Stamped,Colored 2650 Sq.Ft. $ 10.00 $ 26,500.00 2521.511 Bituminous Walk 485 Ton $ 80.00 $ 38,800.00 2531,602 Construct Pedestrian Ramp with Trucated Dome 0 Each $ 615.00 $ - 2535.501 Bituminous Curb 1000 Lin Ft. $ 6.75 $ 6,750.00 2554.501 Guard Rail 0 Lin.Ft $ 25.00 $ - 2557.501 5'Fence Black Vinyl 510 Lin.Ft. $ 22.00 $ 11,220.00 2563.601 Traffic Control 0.3 Lump Sum $ 50,000.00 $ 15,000.00 2564.603 Cross Walls Marking-Epoxy 880 Sq.Ft $ 4.86 $ 4,276.80 2573.502 Silt Fence 1700 Lin.Ft. $ 3.00 $ 5,100.00 2575.502 Seed,Mulch and 4"Topsoil 2 Acre $ 4,000.00 $ 8,000.00 2575.505 Sodding 2350 Sq.Yd. $ 3.50 $ 8,225.00 2575.513 Wood Fiber Blanket 9700 Sq.Yd. $ 2.45 $ 23,765.00 3897 Filter Log Storm Bioroll 50 Lin.Ft $ 3.50 $ 175.00 2501-515 27"RCP Apron(FES)with Trash Guard 4 Each $ 1,738.00 $ 6,952.00 2503-511 15"RCP Apron(FES)with Trash Guard 0 Each $ 500.00 $ - 2503-511 15"RCP CL V 0 Lin.Ft. $ 41.00 $ - 2503-511 18"RCP CL V 110 Lin Ft $ 46.23 $ 5,085.30 2503-511 24"RCP CL IV 725 Lin Ft $ 50.85 $ 36,866.25 2503-511 27"RCP CL IV 450 Lin.Ft $ 55.94 $ 25,173.00 2573.530 Inlet Protection Type C 14 Each $ 350.00 $ 4,900.00 2573 Rock Check Dam 6 Each $ 500.00 $ 3,000.00 2541.507 Pipe Bedding 725 Ton $ 20.00 $ 14,500.00 SUBTOTAL $ 550,290.85 10%Contingencies $ 55,029.09 Total Estimated Construction Cost $ 605,319.94 Preliminary Cost Estimate 8-2-06 County Road 4 Trail(Baywood Lane to Rainbow Drive) City of Eden Prairie EST. i Item No. Item QTY. Unit Unit Price Total 2101.507 Remove Trees 1 Each $ 330.00 $ 330.00 2104.501 Remove Culvert Pipe(CMP) 38 Lin Ft $ 6.00 $ 228.00 2104.501 Remove Guard Rail Removal 0 Lin.Ft $ 5.30 $ - 2104.501 Remove Pavement 10 Sq.Yd. $ 5.00 $ 50.00 2104.501 Remove Concrete Curb 30 Lin.Ft $ 5.50 $ 165.00 2104.503 Remove Retaining Wall 0 Sq.Ft. $ 4.40 $ - 2104.521 Remove and Replace Fence 0 Lin Ft $ 20.00 $ - 2104.523 Relocate Signs 7 Each $ 137.50 $ 962.50 2104.523 Relocate Street Light I Each $ 1,650.00 $ 1,650.00 2504.602 Relocate Hydrant 3 Each $ 2,000.00 $ 6,000.00 2504.602 Adjust Gate Valve I Each $ 220.00 $ 220.00 2506.522 Adjust Frame&Ring Casting 4 Each $ 358.00 $ 1,432.00 2540.602 Relocate Mail Box 0 Each $ 137.50 $ - 2021.501 Mobilization 0.1 Lump Sum $ 65,000.00 $ 6,500.00 2105.501 Common Excavation 2100 Cu.Yd. $ 12.00 $ 25,200.00 2105.522 Select Granular Borrow 420 Cu.Yd. $ 15.00 $ 6,300.00 2123.61 Street Sweeping 7 Hour $ 100.00 $ 700.00 f 2211.501 Aggregate Base Class 5 844 Ton $ 20.35 $ 17,175.40 2350.501 Street and Driveway Patch 0 Sq.Ft, $ 5.00 $ - 2402.532 160'x 8'Pedestrian Bridge 0 Each $218,120.00 $ - 2402.532 20'x 8'Pedestrian Bridge 0 Each $ 17,825.00 $ - 2402.532 40'x 8'Pedestrian Bridge 0 Each $ 24,150.00 $ 2402.533 Install 160'x 8'Pedestrian Bridge 0 Each $ 69,000.00 $ - 2402.533 Install 20'x 8'Pedestrian Bridge 0 Each $ 28,750.00 $ - 2402.533 Install 40'x 8'Pedestrian Bridge 0 Each $ 28,750.00 $ - 2411.507 Wall Subbase 0 Lin.Ft $ 22.00 $ - 2411.603 Modular Block Retaining Wall 1534 Sq.Ft $ 25.00 $ 38,350.00 2501.511 12"CMP 38 Lin.Ft $ 29.21 $ 1,109.98 25GI.511 15"CMP 60 Lin.Ft $ 48.00 $ 2,880.00 2501.511 24"CMP 86 Lin.Ft $ 103.00 $ 9,030.00 25OL515 12"CMP Apron(FES) 2 Each $ 279.00 $ 558.00 2501.515 15"CMP Apron(FES) 1 Each $ 349.00 $ 349.00 2501.515 24"CMP Apron(FES) 2 Each $ 559.00 $ 1,118.00 2506.602 27"Catch Basin Manhole with Frame&Grate 1 Each $ 1,490.00 $ 1,490.00 2506.602 48"Catch Basin Manhole with Frame&Grate 3 Each $ 2,O92.tlo $ 6,276.00 2511.501 Random Rip Rap CL III(Includes Geotextile Fabric) 170 Cu.Yd. $ 110.00 $ 18,700.00 2511.501 Random Rip Rap CL IV(Includes Geotextile Fabric, 150 Cu.Yd. $ 91.00 $ 13,650.00 2521.501 Concrete Walk 1.5 wide,Stamped,Colored 0 Sq.Ft $ 10.00 $ - 2521.511 Bituminous Walk 327 Ton $ 80.00 $ 26,160.00 2531.602 Construct Pedestrian Ramp with Trucated Dome 2 Each $ 615.00 $ 1,230.00 2535.501 Bituminous Curb 0 Lin.Ft $ 6.75 $ - 2503.603 Pipe Jacking 40 Lin Ft $ 200.00 $ 8,000.00 i 2554.501 Guard Rail 0 Lin Ft $ 25.00 . $ _ 2557.501 5'Fence Black Vinyl 158 Lin.Ft $ 22.00 $ 3,476.00 2563.601 Traffic Control 0.1 Lump Sum $ 50,000.00 $ 5,000.00 2564.603 Cross Walk Marking-Epoxy 720 Sq.Ft $ 4.86 $ 3,49920 2573502 Silt Fence 290 Lin Ft $ 3.00 $ 870.00 2575.502 Seed,Mulch and 4"Topsoil 0.93 Acre $ 4,000.00 $ 3,720.00 2575.505 Sodding 764 Sq.Yd. $ 3.50 $ 2,674.00 2575.513 Wood Fiber Blanket 4604 Sq.Yd. $ 2.45 $ 11,279.80 3897 Filter Log Storm Bioroll 230 Lin Ft $ 3.50 $ 805.00 2501-515 27"RCP Apron(FES)with Trash Guard 0 Each $ 1,738.00 $ - 2503-511 15"RCP Apron(FES),with Trash Guard 0 Each $ 500.00 $ - 2503-511 15"RCP CL V 0 Lin.Ft $ 41.00 $ - 2503-511 18"RCP CL V 277 Lin.Ft $ 46.23 $ 12,805.71 2503-511 24"RCP CL IV 0 Lin.Ft $ . 50.85 $ - I 2503-511 27 RCP CL IV 0 Lin Ft $ 55.94 $ - 2573.530 Inlet Protection Type C 2 Each $ 350.00 $ 700.00 2573 Rock Check Dam 2 Each $ 500.00 $ 1,000.00 2541-507 Pipe Bedding 234 Ton $ 20.00 $ 4,680.00 SUBTOTAL $ 246,323.59 10%Contingencies $ 24,632.36 Total Estimated Construction Cost $ 270,955.95 ' I i i Preliminary Cost Estimate 8-2-06 County Road 4 Trail(Park Terrace Drive to Birch Island Park) City of Eden Prairie EST. Item No. Item QTY. Unit Unit Price Total 2101.507 Remove Trees 11 Each $ 330.00 $ 3,630.00 2104.501 Remove Culvert Pipe(CMP) 238 Lin.Ft $ 6.00 $ 1,428.00 2104.501 Remove Guard Rail Removal 0 Lin.Ft $ 5.30 $ - 2104.501 Remove Pavement 5 Sq.Yd. $ 5.00 $ 25.00 2104.301 Remove Concrete Curb 25 Lin.Ft $ 5.50 $ 137.50 2104.503 Remove Retaining Wall 7 Sq.Ft $ 4.40 $ 30.80 2104.521 Remove and Replace Fence 50 Lin.Ft $ 20.00 $ 1,000.00 2104.523 Relocate Signs 3 Each $ 137.50 $ 412.50 2104.523 Relocate Street Light 0 Each $ 1,650.00 $ 2504.602 Relocate Hydrant 1 Each $ 2,000.00 $ 2,000.00 2504.602 Adjust Gate Valve 0 Each $ 220.00 $ - 2506.522 Adjust Frame&Ring Casting 1 Each $ 358.00 $ 358.00 2540.602 Relocate Mail Box 0 Each $ 137.50 $ - 2021.501 Mobilization 0.2 Lump Sum $ 65,000.00 $ 13,000.00 2105.501 Common Excavation 2500 Cu.Yd. $ 12.00 $ 30,000.00 2105.522 Select Granular Borrow 324 Cu.Yd. $ 15.00 $ 4,860.00 2123.61 Street Sweeping 15 Hour $ 100.00 $ 1,500.00 2211.501 Aggregate Base Class 5 1118 Ton $ 20.35 $ 22,751.30 2350.501 Street and Driveway Patch 50 Sq.Ft $ 5.00 $ 250.00 2402.532 160'x 8'Pedestrian Bridge 0 Each $218,120.00 $ - 2402.532 20'x 8'Pedestrian Bridge 1 Each $ 17,825.00 $ 17,825.00 2402.532 49 x 8'Pedestrian Bridge 0 Each $ 24,150.00 $ 2402.5M Install 160'x 8'Pedestrian Bridge 0 Each $ 69,000.00 $ - 2402.533 Install 20'x 8'Pedestrian Bridge 1 Each $ 28,750.00 $ 28,750.00 2402.533 Install 40'x 8'Pedestrian Bridge 0 Each $ 28,750.00 $ - 2411.507 Wall Subbase 80 Lin Ft $ 22-00 $ 1,760.00 2411.603 Modular BIock Retaining Wall 2985 4 Ft. $ 25.00 $ 74,625,.00 2501.511 12"CMP 0 Lin.Ft $ 29.21 $ - 2501.511 15"CMP 188 Lin Ft $ 48.00 $ 9,024.00 2501.511 24"CMP 0 Lin Ft $ 105.00 $ - 2501.515 12"CMP Apron(FES) 0 Each $ 279.00 $ 2501.515 15"CMP Apron(FES) 10 Each $ 349.00 $ 3,490.00 2501.515 24"CMP Apron(FES) 0 Each $ 559.00 $ - 2506.602 27"Catch Basin Manhole with Frame&Grate 0 Each $ 1,490.00 $ - 2506.602 48"Catch Basin Manhole with Frame&Grate 0 Each $ 2,092.00 $ - 2511.501 Random Rip Rap CL III(Includes Geotextile Fabric) 20 Cu.Yd. $ 110.00 $ 2,200.00 2511.501 Random Rip Rap CL IV(Includes Geotextile Fabric 0 Cu.Yd. $ 91.00 $ - 2521501 Concrete Walk 1.5 wide,Stamped,Colored 91 Sq.Ft $ 10.00 $ 910.00 2521.511 Bituminous Walk 253 Ton $ 80.00 $ 20,240.00 2531.602 Construct Pedestrian Ramp with Trucated Dome 1 Each $ 615.00 $ 615.00 2535.501 Bituminous Curb 242 Lin.Ft $ 6.75 $ 1,633.50 2554.501 Guard Rail 0 Lin.Ft $ 25.00. $ - 2557.501 5'Fence Black Vinyl 268 Lin.Ft $ 22.00 $ 5,896.00 2563.601 Traffic Control 02 Lump Sum $ 50,000.00 $ 10,000.00 2564.603 Cross Walk Marking-Epoxy 880 Sq.Ft $ 4.86 $ 4,276.80 2573.502 Silt Fence 760 Lin.Ft $ 3.00 $ 2,280.00 2575.502 Seed,Mulch and 4"Topsoil 0.75 Acre $ 4,000.00 $ 3,000.00 2575.505 Sodding 590 Sq.Yd. $ 3.50 $ 2,065.00 2575.513 Wood Fiber Blanket 3713 Sq.Yd. $ 2.45 $ 9,096.85 3897 Filter Log Storm Bioroll 500 Lin.Ft $ 3.50 $ 1,750.00 2501-515 27"RCP Apron(TES)with Trash Guard 0 Each $ 1,738.00 $ - 2503-511 15"RCP Apron TES)with Trash Guard 0 Each $ 500.00 $ - 2503-511 15"RCP CL V 0 Lin.Ft $ 41.00 $ - 2503-511 18"RCP CL V 0 Lin.Ft $ 46.23 $ - 2503-511 24"RCP CL N 0 Lin Ft .$ 50.85 $ - 2503-511 27"RCP CL IV 0 Lin.Ft $ 55.94 $ - 2573.530 Inlet Protection Type C 0 Each $ 350.00 $ _ 2573 Rock Check Dam 0 Each $ 500.00 $ _ 2541 507 Pipe Bedding 0 Ton $ 20.00 $ - SUBTOTAL $ 280,820.25 10%"Contingencies $ 28,082.03 Total Estimated Construction Cost $ 308,902.28 i i i i O C� Ty l 6?. COUNTY ROAD 4 TRAIL City of Eden Prairie ' I Parks and Natural Resources RogoRi�e / i� BIRCH 1sLONo a o 0 0 % s L,yO CROSSWALK WITH yogo FLASHING LIGHTS m GCS Co , _ -- —__._ O`4 p `'�• x � a i `A1'F M P� 1� 2 TRAIL ` ` \ — TRAIL TO BE CONSTRUCTED ON EAST SIDE / \ TRAIL TO BE CONSTRUCTED ON WEST SIDE i/ ~��C✓ I s POTENTIAL FUTURE TRAIL f PREPARED BY: r,,` ST<gtiF EXISTING TRAIL Z1 i Hansen Thorp / Pellinen Olson Inc. f E.qM. e•S.—yor.-L-d...p. -hit-t. �``.� 08/03/06 CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director August 15, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.3. Robert A.Lambert,Director Request of Baseball Association Regarding Parks and Recreation Extension of Park Hours Requested Action Move to: Approve the request of the Eden Prairie Baseball Association for the extension of the curfew for lights at Miller#8 baseball field until 10:30 p.m. for the 2007 and 2008 seasons. Synopsis Attached to this memorandum is a letter from Tom Siering,President of the Eden Prairie Baseball Association requesting the City allow the lights on the regulation baseball field in Miller Park to remain on until 10:30 p.m.when necessary during the 2007 and 2008 seasons. The Baseball Association anticipates having to `double book' baseball games on that lighted field during the 2007 and 2008 seasons,when the City is short one baseball field due to the construction of the baseball field at the Community Center and the loss of the baseball practice field at Staring Lake due to the widening of County Road 1. Also attached to this memorandum is a copy of a letter sent to residents living within 1,000 feet of the baseball field at Miller Park notifying them of this meeting and this proposed decision. Attachments June 8,2006 letter from Eden Prairie Baseball Association Letter to residents I June 8,2006 i Mr. Robert Lambert Director of Parks&Recreation City of Eden Prairie I Dear Bob, The Eden Prairie Baseball Association("EPBA")would request that the City extend the curfew for lights at the Miller 8 field until 10.30pm for the 2007&2008 seasons. As you are aware we will be losing the Community City field for 2007 and the Grille field for 2008 and this puts tremendous pressure on our already precarious"90 foot"field situation. The simple reality is this: it is very difficult to schedule games anywhere before 6pm on weekdays given the Metro traffic situation and trying to schedule 2 two hour games in a four hour slot(6pm- 1 Opm)is imprudent as it allows no time for warm-ups,cleaning out the dugouts or field maintenance. The EPBA feels it has been the community"good soldier"in its tolerance and support of the Community Center and Pioneer Trail initiatives.Allowing us this extra half hour would do a lot to keep our players on the field. We are willing to allow this extension to"sunset"after the 2008 season although if is possible we may ask for a review at that time dependent upon the status of these affected fields. Thank you for your consideration in this matter. Sincerely, Tom Siering President _ EPBA i i I i PARKS AND RECREATION July 26,2006 I s OFC 952 949 8300 RE: Miller Park Ballfield Lights FAX 952 949 8390 TOO 952 949 8399 Dear Resident: 8080 Mitcneu Rd Eden Prairie,MN 1 55344-4485 ! The President of the Eden Prairie Baseball Association has requested the City consider ednPrahre allowing the lights on the regulation baseball field at Miller Park to remain on until 10:30 p.m.when necessary during the 2007 and 2008 seasons.The Baseball Association anticipates having to `double book'baseball games on that lighted field during the 2007 and 2008 seasons when the City is short one baseball field due to the construction of the baseball field at the Community Center and loss of the baseball practice field at Staring Lake Park due to the widening of County Road 1. You are invited to-attend the Parks,Recreation and Natural Resources Commission meeting on: Monday,August 7 7 p.m. City Center,Council Chambers 8080 Mitchell Road The Parks,Recreation and Natural Resources Commission will be reviewing this request and you are invited to attend to comment on this request. The recommendation of the Parks, Recreation and Natural Resources Commission will be forwarded to the City Council for their decision at their August 15 meeting. Sincerely, Robert A.Lambert ` Director of Parks and Recreation CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 15, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.4. Robert A. Lambert,Director Purgatory Creek Recreation Area Plans for Parks and Recreation Boardwalk Requested Action Move to: Approve the plans for the boardwalk design and access path within the Purgatory Creek Recreation Area. Synopsis The development of the path and boardwalk is the Phase IV development of the Purgatory Creek Recreation Area, which has been approved in the Capital Improvement Plan for a 2006 project. The estimated cost of the project was originally approximately$85,000.The pathway to the boardwalk will be constructed in the fall of 2006,with the boardwalk over the water requiring winter construction and will be completed in late 2006 or early 2007.Funding for this project is from cash park fees. Staff would recommend the City consider the possibility of installing a fabric shade canopy in the future if users request shade on this structure. The estimated cost for shade canopies is $48,000. The Parks,Recreation and Natural Resources Commission unanimously approved this project at their August 7, 2006 meeting. Background As a part of the original Purgatory Creek Recreation Area plan,the City anticipated constructing an access path to a boardwalk that would allow park users to enjoy benches and picnic tables out over the water. That phase project was scheduled for 2006. Staff is requesting approval of the concept development plans with a cost estimate of$21,000 for the path connection to the boardwalk and$56,000 for the boardwalk itself, plus an additional $7,700 site furnishings for a total project cost of approximately$89,800 which includes a 5%contingency.The original estimated cost for this project was approximately $85,000.This project will be funded with cash park fees. Attachments Preliminary Cost Estimate—Boardwalk Overlook&Path Connection Diagrams UNIT LEGENDS: LS=Lump Sum,SF=Square Feet,SY=Square Yards,EA=Each, LF=Lineal Foot,FF=Face Feet,CY=Cubic Yards,AC=Acres Purgatory Creek Boardwalk Overlook-Preliminary Cost Estimate 8102106 Section 1-Site Surveying Estimated knit Bid Total Bid No. Descri lion Bid Qtv. Unit in Dollars In Dollars Provide all necessary construction surveying and I staking,to meet layout and grading requirements 1 for all paving work-complete i LS $600.00 $500.00 Section 1-Site Surveying Total: Estimated Unit Bid Total Bid No.Section 2-Earthwork Description Bid Unit in Dollars in Dollars On-site earthwork and site restoration as required to install boardwalk within pond area and on slope 1 embankment-complete 1 LS $1,000.00 $1,000.00 Section 2-Earthwork Total: Estimated Unit Bid Total Bid No.Section 3-Boardwalk Structure Description Bid Qtv. Unit fin Dollars In Dollars 1 Furnish and install helical anchor pier support 29 EA $900.00 $26,100.00 2 Furnish and install wood decking 1,024 SF $18.50 $18,944.00 Furnish and install railing wood post and cap,and 3 steel cable railing 184 LF $60.00 $11,040.00 Section 3-Boardwalk Structure Total: Estimated Unit Bid Total Bid No.Section 4-Boardwalk Site Furnishings Bid Qty. Unit in Dollars in Dollars Furnish and install picnic table with attached 1 seating 6 EA $900-00 $5,400.00 2 Furnish and install bench 3 EA $600.00 $1,800.00 3 Furnish and install trash receptacle 1 EA $500.00 $500.00 Section 5-Boardwalk Site Furnishings Total: Construction Estimate 5%Contingency $3,264.00 TOTAL CONSTRUCTION ESTIMATE Future Phase It Boardwalk Improvement 1 Fumish and install fabric shade canopy structure 3 EA $16,000.00 $48,000.00 1 Purgatory Boardwalk 5RF Consulting Group,Inc. Eden Prairie,Minnesota 00500-1 Project No.0004983 UNIT LEGENDS: LS=Lump Sum,SF=Square Feet,SY=Square Yards,EA=Each, LF=Linea[Foot,FF=Face Feet =Cubic Yards,AC=Acres Purgatory Creek Boardwalk Path Connection-Preliminary Cost Estimate 812106 Section 1-Site Surveying Estimated Unit Bid Total Bid No. Descri lion I Bid Qty. Unit in Dollars In Dollars Provide all necessary construction surveying and staking to meet layout and grading requirements 1 for all paving work-complete 1 LS $500.40 $500.00 Section 1-Site Surveying Total: Estimated Unit Bid Total Bid =ISection'2Earthwork Description Bid Q Unit in Dollars in Dollars `On-site earthwork as required to achieve plan grades complete for concrete paver walk- 1 complete 1 LS $2,500.00 $2,540.00 Section 2-Earthwork Total: Estimated Unit Bid Total Bid No.Section 3-Asphalt&Concrete Description Bid Qtv. Unit in Qollars in Dollars Furnish and install concrete pavers including 6" 1 class 5 and 12"select granular base-complete 1,800 SF $8.00 $14,400.00 2 Furnish and install bituminous path connection 110 SY $20.00 $2,200.00 Section 3-Asphalt&Concrete Total: Estimated Unit Bid Total Bid No.Section 5-Landscaping Bid Qty. Unit in Dollars In Dollars Furnish and place sod in all disturbed areas- 1 complete 160 SY $4.00 $640.00 Section 5-Landscaping Total: Construction Estimate 5%Contingency $1,012.00 TOTAL CONSTRUCTION ESTIMATE Purgatory Creek Boardwalk Walk Connection SRF Consulting Group,Inc. Eden Prairie,Minnesota 00500-i Project No.0005559 MM, f" r � t MR, a, a rr fllo It u u , f fit- x i y r T^� V- :' _ F 1 f� NOW y � j 5 / 2. G •'' o y WL RUMS W" VUV IN AP i w� f CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director August 15,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.5. Robert A.Lambert, Director Request of Senior Center Advisory Council Parks and Recreation for Irrigation of Pioneer Park Gardens Request Move to: Approve the request for water to be extended at the Pioneer Park garden site to two locations(middle and east end)and that the spigots be push button `demand' style. Move to: Approve the rental rate for garden plots be raised to 9¢ per square foot at both Community Garden locations, and 7¢ per square foot for senior citizens. Move to: Direct staff to discuss long term lease options with the Metropolitan Airports Commission prior to installing any water piping at the Pioneer Trail Gardens, and approve installation of water if we can get a five year option. Synopsis The Senior Center Advisory Council submitted a letter to the Eden Prairie City Council petitioning that a water system be installed at the Pioneer Park Community Gardens. In the request(see attached) they indicated that the current system of providing water for the garden plots is unacceptable and they would like to have the system modified to provide water at closer locations to the various garden , plots.Before discussing this request, staff would like to review the background for the Community Garden Program as well as share information received from adjacent communities with garden programs. Background Since the early 1970's the City of Eden Prairie has provided rental gardens on park land for Eden Prairie residents. It started out with gardens at Round Lake Park and since that time the sites have changed four times:first moving to Franlo Park, then to the back of the old City Hall site(the current Pioneer Park),then to land leased by the Metropolitan Airports Commission. Currently there are gardens located at Pioneer Park and Pioneer Trail which is Metropolitan Airports Commission property. In 1993, staff assessed the current operating costs and rental fees for the rental of the garden plots. The rental fees at that time in 1993 were$8 for a 20'x30'garden and$12 for a 20'x60' garden and seniors received a$2 discount on rental fees. When we took a look at the various costs that were put into the equation,it was determined that we were not coming close to covering our operating costs, in fact we were lagging well behind what it was costing to operate the Community Garden program.A decision was made to increase the fees from the rental of 1.3¢ per foot to 2¢ per foot.This recommendation was implemented and the fees more than doubled for the garden plots. Shortly after that the garden plot fees were again increased to the current levels. At the present time the garden fees are $25 for 20'x30'plot and$50 for a 20'x60'plot,residents 55 years and older receive a$10 reduction in the rental fee.Based on full payment current the Request of Senior Center Advisory Council for Irrigation of Pioneer Park Gardens August 15,2006 Page 2 Eden Prairie garden plots are being rented at 4¢per square foot.The total revenue for the sites are as follows: Pioneer Park—29 gardens—34%are seniors- $925 Pioneer Trail—71 gardens—45%are seniors- $1,900 Total- $2,825 Services that are provided at the Community Gardens included spring tilling, staking of the garden sites, administrative costs for sending and receiving rental information,portable toilet service, fall cleanup and water hauling at the Pioneer Trail garden site.At the Pioneer Park site, there is a City water connection on the west end that makes the trucking of water to a stationary tank unnecessary. Water is dispensed through a"jug filler"on a drinking fountain. Comparison with Other Communities Staff contacted several adjacent communities to find out which cities had community gardens, and what types of services they provide.The following is a summary of the information gathered from four adjacent communities with garden programs: • City of Richfield provides community gardens on Metropolitan Airports Commission land. The gardens are 15'x20'and the rental rate is$28. They offer no discount for senior citizens and the services that are provided include tilling the gardens,portable toilets and water spigots hooked to public water at various locations throughout the garden area. Based on this information,their rental rates are 9¢ per square foot of garden. • City of Minnetonka provides garden plots that are 20'x20' at rental rate of$10.There is no discount for senior citizens. Services provided include tilling the gardens. They do not haul trash or provide portable toilets.For water the gardeners must haul water from the creek adjacent to the community garden plots. The fee charged by the City of Minnetonka is 3¢ per square foot of garden. • City of Plymouth provides gardens that are 15'xl5' at a rental rate of$35.There is no discount for senior citizens. Services provided by the City include tilling the garden, hauling trash and municipal water.No portable toilets are available. The City of Plymouth fee equates to 16¢ per square foot of garden. • City of Chanhassen provides gardens that are 1Ox10 at a rental rate of$25.There is no discount for senior citizens.The City provides limited tilling of the gardens, since many of them are in raised beds and they do provide limited trash hauling.Availability of portable toilets is unknown. City water is provided with the gardeners controlling,the locks on the spigots. The rental rate is 25¢ per square foot of garden. Comparison of Pioneer Park and Pioneer Trail Community Gardens There are differences between the two community garden locations within the park system.At Pioneer Park there are a total of 29 gardens, 35%are rented by seniors.The breakdown of the gardens are 12—20'x60' ardens and 17—20'x30' ardens• in addition there is one garden that is g g g Request of Senior Center Advisory Council for Irrigation of Pioneer Park Gardens August 15,2006 Page 3 provided free to a senior who has participated in the care of the formal gardens behind the Senior Center and has raised numerous plants for the formal garden. Amenities that are included at Pioneer Park are a paved road allowing gardeners to drive their cars within close proximity of their garden, as well as drinking fountain with a jug filler attachment located at the west end of the gardens. This allows garden users to fill watering jugs and pails and transport them either via vehicle or wagon on the paved surface to their garden plot.The length of distance from the water source to the farthest end of the garden plots is approximately 300 feet. Pioneer Trail gardens total 71 gardens,45%are rented by seniors.At the Pioneer Trail site,there are total of 37 gardens that are 20'x60' in size, and 34 of the 20'x30'size.At the Pioneer Trail garden site there are no paved roads, simply dirt driveways that lead gardeners between the two long linear garden areas as well as a smaller pocket garden area to the north that contains only six gardens. The water source at Pioneer Trail gardens is three above ground tanks: 2 being 1,500 gallons in size, and 1 being 1,000 gallons. These tanks are filled using a tanker and the water dispensed through a nozzle at the bottom into pails or watering cans.At Pioneer Trail Gardens the distance is about 150—300 feet from each of these water sources.A water tanker is driven to the gardens to fill the water tanks when necessary, currently on a daily basis (weekends too). This requires two hours of manpower for each time that the tanks need to be filled. Operating Costs for Community Gardens Pioneer Park—(29 gardens totaling 25,500 square feet) • Spring/Fall plowing $400 • Plot layout/staking(labor) 300 • Purchase stakes 50 • Clean up debris(spring/fall) 100 • City water(labor&water costs) 600 $1,700 season or$58.62/garden (or 6.75¢ square foot) Pioneer Trail—(71 gardens totaling 64,800 square feet) • Spring/Fall plowing $800 • Plot layout/staking(labor) 600 • Purchase stakes 100 • Clean up debris(spring/fall) 200 • Portable toilet 500 • Haul Water* 6,000 $8,200 season or$115.50/garden (or 12.65¢ square foot) Request of Senior Center Advisory Council for Irrigation of Pioneer Park Gardens August 15, 2006 Page 4 * Water hauled an average of every other day 3,000-4,000 gallons,May 15 to September 1. Cost of the water used is estimated in these figures, since there is no accurate way to meter. Based on this information,the Community Gardens are subsidized at a minimum of 2.75¢ per foot at Pioneer Park and 8.65¢ per foot at Pioneer Trail. If you factor in the reduced rental fee paid by seniors,the subsidy rate is higher. Estimate Costs to Provide Municipal Water for the Gardens Pioneer Park Gardens Pioneer Park has a six inch water main on the west end that can be tapped to provide additional water locations within the garden proper. Staff has looked into various options of putting in the proper piping and backflow prevention as well as a push button type faucet to dispense water similar to what is currently available at that location.The estimated cost to provide an additional spigot at the midpoint and far end of the gardens is approximately$2,000 -$3,000.This system would be a permanent type system of buried lines.These would have to be blown out in the fall to prevent freezing and breaking of the pipe system in a manner very similar to what occurs with standard irrigation systems. The question that needs to be answered is does it make sense to provide water at the two gardens sites?The simple answer is yes, but the garden rental rates need to be increased to lessen the subsidy gap.In addition,the staff would recommend that any public water spigots not have treads to permit hoses to be attached.The unlimited use of thousands of gallons of water doesn't make anyone accountable for water conservation,nor does it safeguard someone turning on the top and walking away.Push button `demand' valves would be the way to provide water without worrying about excessive usage. Water could be extended relatively easily at Pioneer Park;however,the question is should the rental fee be raised to cover the operating costs?Most of the other communities that provide water have rates significantly higher per square foot.Raising the fee to 7¢per foot($42 small or $84 large)would cover the operating costs. Pioneer Trail Gardens Pioneer Trail garden site is located on leased land from the Metropolitan Airports Commission. Currently the MAC is reviewing areas around reliever airports such as Flying Cloud Airport for land that could be leased for commercial development. This site has that type of potential. The staff has looked at various options to install temporary quick coupled type systems or more permanent buried systems at this garden location. The estimate to provide water at multiple locations within the gardens ranges from about$10,000- $15,000 depending on the option selected.The biggest challenge with the Pioneer Trail site is the future of that site. Without a long term lease, adding water lines wouldn't be economical in the short term.The subsidy rate is Request of Senior Center Advisory Council for Irrigation of Pioneer Park Gardens August 15,2006 Page 5 extremely high, but without a long term lease to help distribute the cost of piping over several years,the payback is questionable.At a minimum,the rental fee should be raised to match that suggested for Pioneer Park or 7¢ per square foot.This might make the largest gardens disappear, since the rental fee would be$84 per season. One option is to divide them in half and make all gardens at the location 20'x30' in size. Attachments Garden Information and Maps Request from the Senior Center Advisory Council 2006 Gardening Season 1 ► SUBJECT: Garden Plots Community garden plots will be available in early May,weather permitting, at the following locations: 0 Pioneer Trail Gardens: 13180 Pioneer Trail(east of Super America entry) • Pioneer Park Gardens: 8940 Sutton Drive(behind Senior Center) PLEASE NOTE: There are two forms included with this letter. Please fill out the appropriate one for the location you want.Look on the back of the form for the plot layouts. (YELLOW for 13180 Pioneer Trail or GREEN for 8940 Sutton Drive) Rental fees are: $25 for a 20'x30'plot $50 for a 20'x60'plot $15 for a 20'x30'plot-RESIDENTS 55 AND OLDER $40 for a 20'x60'plot-RESIDENTS 55 AND OLDER Only one plot will be assigned to a household until all initial assignments have been made.After May 5 h, if there are still plots available, you may apply for a second one; please note your interest in a second plot on your form. Plots will be assigned to returning gardeners until April 15th.Residents 55 years of age and older will have priority for plot assignments at Pioneer Park until April 15`h. After April 15'h plots at each location will be assigned to.any applicants in the order their applications are received. Return garden plot request form and appropriate payment (check payable to City of Eden Prairie)by April 15 to: Garden Plots City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 THE CITY WILL: 1. Prepare the garden area for planting by plowing. 2. Stake all plot corners and identify each plot by number. 3. Provide holding tanks for water. The Park Maintenance crew will attempt to provide water regularly. 4. Provide a portable toilet at the site. 5. Not be responsible for policing the garden area or controlling vandalism. 6. Mail plot number and map of gardens in early May. THE APPLICANT WILL: 1. Applicant will call 952-949-8441 if you decide not to plant your assigned plot. 2. Be responsible for keeping assigned plot as clean and neat as possible. 3. Supply their own seeds,fertilizer and equipment for proper preparation,growing,cultivating and harvesting of crops. 4. Water your own plot without overuse of the water supply. 5. Take all paper and debris with you. 6. Use cultivation or mulches to control weeds,not weedicides. 7. By October 15t"..remove all garden refuse and stakes,so fall plowing can take place.. Thank you for your interest in the Community Garden Program,which is now in its 31"year. Sincerely, Stuart A. Fox Manager of Parks and Natural Resources SAF/bju Enclosure: garden plot application forms CONMUNITY GARDEN PLOTS 2006 CITY OF EDEN PRAIRIE PIONEER TRAIL GARDENS: 13180 Pioneer Trail (East of Super America) NAME (please print) ADDRESS ZIP PHONE BUSINESS PHONE O New Gardener to the City of Eden Prairie Gardens (Returning Gardeners have priority until April 15) O Returning Gardener Do you want the same plot as last year? ❑ Yes,last year I had Plot# ❑No,I want a different plot. Prefer Plot# PLOT SIZE RENTAL FEE O 20'z30' plot ❑ $25 ❑ $15 (Residents Over 55) O 20'z60'plot ❑ $50 ❑ $40 (Residents Over 55) One Plot per Household After May 5,if there are still plots available,you may apply and pay for a second plot. Do you think you may want a second plot? ❑ Yes ❑No { I I agree to be responsible for keeping assigned plot as clean and neat as possible; supply my own seeds, fertilizer and equipment; water my own plot without overuse of the water supply; take all paper and debris with me;use cultivation or mulches to control weeds,not weedicides.By Oct. 15, I will remove all garden refuse and stakes,so fall plowing can take place;and if I decide not to plant, I will call 952-949-8441 so another gardener may take my plot. NAME DATE Amount Paid$ Check Number: n Cash. a y _ Plot Assignments -Pioneer Trail Gardens 13180 Pioneer Trail Mulch Pile 73 72 71 Q Water Tank 34 33 32 _ 31 70 30 69 29 z 68 O. 28 _ 66 67 27 64 65 26 52 63 25 60 61 _ 24 58 59 23 56 57 22 54 55 € 21 52 53 20 50 51 19 48 49 �� o 18 46 47 17 _,�< ,-- _:��-__--• aim,=�, a 16 45 U 15 = 44 s 14 43 ` 13 42 12 41 11 40 .ate 10 39 6 .„ 9 38 5 8 37 4 7 36 3 _ _ - - 35 -- �.- Mulch Pile may_'_ : -:,.,. ..•�.: v _ _ •.�.�"��T='`.. -' s — - ��•= COMMUNITY GARDEN PLOTS 2006 CITY OF EDEN PRAIRIE PIONEER PARK GARDENS: 8940 Sutton Road (Pioneer Park behind Senior Center) NAME (please print) ADDRESS ZIP PHONE BUSINESS PHONE O New Gardener to the City of Eden Prairie Gardens (Returning Gardeners have priority until April 15) O Returning Gardener Do you want the same plot as last year? ❑ Yes,last year I had Plot# ❑No, I want a different plot. Prefer Plot# PLOT SIZE RENTAL FEE O 201x30'plot ❑ $25 ❑ $15 (Residents Over 55) Residents over 55 years`of age will have first priority at this O 20'x60'plot ❑ $50 ❑ $40 (Residents Over 55) location until April 15. One Plot per Household After May 5, if there are still plots available,you may apply and pay for a second plot. Do you think you may want a second plot? ❑ Yes ❑No I agree to be responsible for keeping assigned plot as clean and neat as possible; supply my own seeds, fertilizer and equipment; water my own plot without overuse of the water supply;take all paper and debris with me;use cultivation or mulches to control weeds,not weedicides.By Oct. 15, 1 will remove all garden refuse and stakes,so fall plowing can take place;and if I decide not to plant, I will call 952-949-8441 so another gardener may take my plot. NAME DATE Amount Paid$ Check N _ - -_=-.--x umber: W Cash. Plot Assignments Pioneer Park Gardens 8940 Sutton Road 1 2 3 16 Perennial Garden j 4 17 5 18 6 19 7 20 8 21 9 22 10 23 11 24 12 25 13 26 i 14 27 j 15 28 i water To:City of Eden Prairie Council Members We,the members of the Eden Prairie Senior Center Advisory Council,do hereby petition the Eden Prairie City Council to install a watering system at the Pioneer Park Community Gardens. i Inasmuch as residents 55 and older have priority for assignment to these plots,we would like to see them made more user friendly for seniors,The present system is totally unacceptable. To water a 20X30 or 20X60 garden plot with buckets carried about Vi block from a nearly unusable source with an unacceptable spigot is unrealistic,especially for seniors. George Tkach,an engineer and council member,surveyed the area and noted that there are two water'sources(a drinking fountain and fire hydrant)which could be tapped with a 3/4 to 1 inch flexible PVC pipe(removable for plowing and winter storage). This pipe could be fitted with approximately 6 keyed spigots spaced evenly the length of the garden.A anti back flow valve could be installed at the source. ;The primary source being a fire hydrant using a city owned irrigation adapter. Gardeners could be issued keys upon plot assignment George estimates this could be done for approximately$600. As happened Iast year,we are again experiencing unseasonably hot weather with prolonged dry spells which could bring to naught all the time and money gardeners have invested. RespectfiUy submitted, OP I f , r .f d Eden Prairie Senior Center 2006 Senior Advisory Council Phonele-mail Term Expires Charlotte Bruening,Secretary 952-937-8629 February 14,2007 7631 Walnut Court wJtmenots(ii:ao1.coni Eden Prairie,WN 55346 Sue Bino 952-943-9535 February 13,2008 10379 Huntington Dr susanbino0earthlink.net Eden Prairie,MN 55347 John Dollerschell 952-937-2150 February 14,2007 15383 Sand Hill Circle dollerschell(@ 197).usna-com Eden Prairie,MN 55347 Russ Hanson 952-937-8278 February 13,2008 9020 Sutton Drive russhanson(a.att.net Eden Prairie,MN 55347 Sharon Steiner,Chair 952-934-2397 February 13,2008 6491 Undestad Street TomSteinerCJmn.rr.com Eden Prairie,MN 55346 George Tkach,Treasurer 952-975 2972 February 14,2007 8671 Red Oak Drive atkach .att.net I Eden Prairie,MN 55347 - I Nancy Thompson 952-944-3957 February 13,2008 11160 Anderson Lakes Pkwy #302 nancywntesr�aol.cou� Eden Prairie,MN 55346 I Jackie Tornoe,Vice Chair 952-906-1588 February 14,2007 18644 Farmstead Circle itornoe amsn.con-' Eden Prairie,MN 55347 Gordon Williams 952-941-2816 February 14,2007 I0646 Grant Dr. ao vemw�;pro-us.net Eden Prairie,MN 55347 i 952-949-8478 Admin.Assistant Katie Carleton Senior Center Staff kcarleton(zedenprau-ie.ore 952-949-8452 Therapeutic Recreation Cana Kress Senior Center Staff ekressriiedenprairie.orQ Coordinator CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director August 15,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.6. Robert A.Lambert,Director Birch Island Woods Acquisition Parks and Recreation Requested Action Move to: • Approve proceeding with the acquisition of the Picha property to complete parcel acquisition for Birch Island Woods; and • Adopt Resolution authorizing the acquisition of certain real property by negotiation or eminent domain proceedings Synopsis Earlier this year the City Council authorized acquisition of Birch Island Woods,but requested to use that acquisition for LAWCON conversion of the Cummins-Grill historic site.Although the City has not obtained the approval for the conversion as yet,the City has received approval from the National Park Service that would allow the use of the Picha property to serve as mitigation for the Staring Lake conversion. Staff would not recommend delaying the acquisition any longer as the Picha family has been very patient in waiting this long for completion of this acquisition. The Parks,Recreation and Natural Resources Commission unanimously approved this recommendation at their August 7,2006 meeting. Background In December of 2003,the City Council requested staff to provide a memorandum summarizing the limitations of the use of land in Staring Lake Park that has been acquired by Land and Water Conservation Funds; specifically, limitations that might be imposed on the Cummins-Grill historic site.The Cummins-Grill historic site is also in the National Register of Historic Sites and thus has other limitations imposed by that designation. The Cummins-Grill House was included in the purchase of the land for Staring Lake Park.The grant was approved to provide additional land for fulfilling the outdoor recreation purposes of the park. When the City entered into the contract with the Department of the Interior for Matching Funds for acquisition of that land, it agreed to a number of restrictions on that land. The City cannot sell the land or lease it for anything other than public park purposes without approval of the Minnesota Department of Natural Resources and the Department of the Interior.The approval would only be granted if those agencies were convinced that the use of the land for another purpose was essential and could not be provided anywhere else. If they were convinced of those facts,they would also require the City to replace the same type and value of land to be added to Staring Lake Park or another community park in Eden Prairie that would meet their approval. The City could then lease the property to a private vendor. In December of 2005,the City Council authorized staff to negotiate the acquisition of the Picha property adjacent to Birch Island Woods.Prior to entering into a purchase agreement,the City Council must obtain a to utilize that roe as a conversion approval from the National Park Service property rty Birch Island Woods Acquisition August 15, 2006 Page 2 property from the loss of LAWCON land around the Cummins-Grill home. In February of 2006,the City authorized staff to initiate the request to the Minnesota Department of Natural Resources and National Park Service to remove approximately one acre surrounding the historic Cummins-Grill house from the LAWCON boundary of Staring Lake Park, and acquire as replacement,the Picha property adjacent to Birch Island Woods;the Council also authorized submitting the same request to the State Historic Preservation Office to obtain the necessary approvals to this request. . In March of 2006,the United States Department of the Interior approved a"waiver of retroactivity" for the 4 acre parcel of land(Picha property).This waiver only meant to allow a project to proceed while the application is being prepared for submission, waivers should not remain outstanding for an extended period of time.The waiver shall be in effect through September 30,2007. Granting the waiver means only that the project will not be disapproved because the title of the land was received by the applicant prior to the project approval and does not imply a qualitative approval of the project. This waiver allowed the City to use the Picha property as a mitigation for the Cummins-Grill property assuming the LAWCON requirements were ultimately met;however, it did not address the issues relating to the National Historic Preservation Office. The National Historic Preservation Office must approve the proposed site boundaries that will be leased for private use and the parking lot and access for that site. The City cannot obtain an appraisal of the Cummins-Grill property,which is necessary to complete the LAWCON conversion,without approval of the State Historic Preservation Office on the proposed site boundaries of the parking lot and access. The City was unable to obtain a meeting on site with Mr. Gimmestad from the State Historic Preservation Office until June 28,2006.At that time, staff provided Mr.Gimmestad with three alternative designs for access and parking facilities to accommodate the private use of the Cummins- Grill site.Mr. Gimmestad was uncomfortable with any of the three and requested revisions to the site plan based on his concerns. On June 30, City staff forwarded three revised site plans for Mr. Gimmestad to review.As of this date,the City has not heard from Mr. Gimmestad regarding the revised site plans despite repeated attempts to obtain some feedback. In December of 2005,the City had a tentative agreement with the owners of the Picha property for a purchase price of$830,000. City staff are recommending that the City pursue acquisition of the parcel at this time and hope to obtain all of the necessary approvals from the State Historic Preservation Office and National Park Service by September of 2007; at which time the waivers will run out. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY BY NEGOTIATION OR EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City Council desires to acquire the property described on Exhibit A hereto (the"Property")by negotiation or eminent domain proceedings; and WHEREAS, the City has obtained an appraisal of the Property in connection with the proposed acquisition. NOW THEREFORE, BE IT RESOLVED BY THE CITY -COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA AS FOLLOWS: 1. The City Council hereby authorizes the City Manager and the City Attorney to initiate negotiations to acquire the Property. In the event the Property cannot be acquired by negotiation the City Manager and the City Attorney are hereby authorized to acquire the Property through eminent domain proceedings. 2. If the Property is able to be acquired through negotiation the City Manager shall present to the City Council for approval a purchase agreement setting forth the terms of the purchase of the Property. ADOPTED by the City Council of the City of Eden Prairie this 15th day of August, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Exhibit A—Legal Description Mat part of the South 1/2 of the •NGrtheait 1/4 -of Section 4, Tc:iriship 116 of Range 22 desoribed as follovasi to.r.it; Commencing at a point on the 5out_h line of said S+� of the EMW where the ..southerly, -rigYit of way `7 na P:r the Qhicago Milwaukee St. Pahl Railroad crosses the -96uth line of said Ss o,f im4 j thet-Ge running East on the South line of said Se of the NE4 a -distaxice of 12.01 feet to a port; right angles North a 'diat_ance of 23.5 feet to a po'IAt '�tfi6hOe South 70--de3rees Beat 134.t feet to a point; thence .omth 66.' re�B 0"r 3�,utes Y7es3 147 feet to:a poiht; Ahek4e bjQ.;,Iain'Qte•e Vest 94.5,_feet to a po;Lpt; thenee•`ltdrt4 .217` �ree�,.50-aa iz t eg Y sst 66.5 feet to the •Southerly ri&-t, 03 vat 3i 6 a of txerC `,aa:go;, Milwaukee & St, Paul IRailroad; thence 'Scuthwest.E ly als g said right of gray of said xailraad 8'77 feet to paint- of beg•��i ng.(Said p„praises belAg.LoA 8 and rros.t 1/2 of Lot I""'T•el-9nd 1;ske:..:&. ki....3ernepin ' a?; ;EOi&,F #; s•sid p1A;fis r. { #t-e£ �aal�.d m�AJv: ..�..-.. _... CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director August 15,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.7. Robert A. Lambert, Director Third Rink Fundraising Update Parks and Recreation Requested Action Move to: Authorize providing naming rights to the main rink,the gymnasium and the fitness center for a minimum donation of$100,000; and the naming rights for the Olympic rink,the third rink and the childcare area for a minimum donation of $50,000; and the naming rights to the multi-purpose room for a minimum donation of$25,000; and for all of the other meeting rooms a minimum donation of$10,000;with all donations received going to the third rink fund until the one million dollar commitment is met, and with any excess going to the Community Center funding. Synopsis The City needs to provide the Third Rink Fundraising Committee with guidelines for what the minimum donation would be for naming rights of the various facilities within the Community Center. If the Third Rink Committee is able to obtain significant donations towards this project for naming rights of these facilities, it not only helps them meet their fundraising goal, but also sends a message to the community that the Community Center project is supported by many of the local businesses or other organizations that may wish to contribute to this project. The Parks,Recreation and Natural Resources Commission unanimously approved this recommendation at their August 7,2006 meeting. Background City staff met with representatives from the Hockey Association last week to discuss their progress on fundraising for the third rink.This effort is being led by Bill Clark,with support from several active committee members. Mr. Clark has received positive feedback from several large companies regarding the possibility of significant donations toward the Community Center project. Some of these donors are more interested in donating to the Community Center project as a whole,rather than to a specific project such as the third rink.For example, one of the questions posed to them was if they donated a significant amount to the Community Center and received the naming rights for the gymnasium, as an example, could the money still be reserved for the third rink project?The City staffs recommendation is that any donations that are received by the City for the Community Center project because of the efforts of the Third Rink Committee should be credited toward their commitment of raising a million dollars toward the third rink.If a donors wishes to obtain naming rights for the gymnasium,the fitness center, anyone of the rinks,the walking track,the childcare area or the meeting rooms,those donations would not have come to this project without the efforts of the Third Rink Committee. CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director August 15, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director Naming Rights Parks and Recreation Requested Action Move to: Approve the naming rights proposed by City staff for Community Center facilities. Synopsis The Parks, Recreation and Natural Resources Commission recommended approval of naming rights of the major facilities at the Community Center at their August 7 meeting. Since that meeting, City staff have considered further recommendations for providing the opportunity to obtain revenue for construction of the Community Center additions and providing an opportunity for individuals and businesses in the community to publicly support this project. City staff recommend the following guidelines for providing naming rights to various facilities within the Community Center. These are the minimum donations for the following facilities listed: $100,000 Main Rink $100,000 Gymnasium $100,000 Fitness Center $50,000 Third Rink $50,000 Olympic Rink $50,000 Childcare Center $50,000 Walking Track $50,000 each Racquetball Courts $25,000 First Level Multi-use Community Room $25,000 Game Room $20,000 Third Rink Multi-use Room $20,000 Second Level Large Multi-use Meeting Room $10,000 each Four Smaller Multi-use Meeting Rooms $10,000 each All Team Rooms Staff would recommend that the City develop a plaque to be located in the vestibule entry recognizing the major donors to the Community Center and that at the entry point to each of the designated facilities a brass plaque or similar tastefully designed plaque designate the name of that facility as requested by the donor. If all facilities were constructed and all options for donations were filled,the City could generate $750,000 from donations for these naming rights. BRYAN'f LAKE DOG EXERCISE AREA Area 9.3 acres: Regional dog park with only 24 parking spots now and probably to be expanded in the future, one latrine, very little shaded area and very close to several residential homes. NEGATIVE ASPECTS OE THIS AREA: - Dogs barking all day long - Smelly latrine during hot days of summer, May, June, July, August and September - Very little shaded area - Overflow parking would end up in residential areas - No fresh running water for dogs and handlers - Violators would be constantly called in to Eden Prairie police department or Three Rivers Security Possible suggestion to move a few hundred yards south over the hill. This is a family park, why not have the whole family involved in exercising the dog or dogs while the rest of them can use the rest of the facilities available such as picnicking, swimming, tot lot, boating, etc.? Other advantages would be: - Area could be larger - Lighter soil conditions - Cool breezes from the lake during hot summer days - Establish 30 to 40 bench areas under over 100 shade trees in this area - Sandy, gravel area next to lake for training or drinking by the dogs - Running water for toilet facilities, drinking or washing close by - Over 200 parking spaces - Existing park entrance could be used with park personnel close by for security and control - Several entrances along the paved path and as close as 100' of existing parking areas or an entrance near Rowland for dog owners who walk their pets from the many residential areas within one or two miles away such as north of 62 Crosstown in Minnetonka - Very little nuisance to nearby residential area Yours sincerely, Dean A. Holasek 6475 Rowland Road Eden Prairie, MN 55344 It Regional LRT Trail ' (I Smiles)t BRYANT LAKE REGIONAL PARK 62 �, 62 —\ I 1 i Hiking Trails-2.9 mi. Biking Trails-1.9 mi. Entry Station 61 Dog Trails-2.5 mi. 11 t Paved Hiking/Bike Trail".2 mi. a fishingPier ..... Paved Hiking/Bike/Dog Troll-1.7 mi. t `f Unpaved Hiking Trail•.2 mi. to General Picnic Area ....• Unpaved Hikin Do Trail".8 mi. I - Park Boundary B Genera!Picnic-Weekday I y � Reservation Picnic•Weekends Boat launch Paved Pavilion(Reservations only) © Rentals(boots,vending) (reolive Play Area 212 � L L Ijd ® Disc Golf ® Swimming Area AM t/e 1/4 I � i Nine � Dm hma7/IPo6 Nq eY lA�lan►t•Gouo I � I \ Fo f N i Park Entrance MoiMenOnt06 Pu61it ,p 1 bre � r 0 Bryant 212 rA*,N Lake Q ' --- \',\ Walers(ripe NORTH .• I Accessibility:The Pork Dislrict's goal is to make it possible for \ 0 everyone,including persons with disabilities,to toke advantage Th��,e Rivers,: ,��-'-"" � of the Pork Dislrid and its offerings.Fbs information about the ` "` � mail accessible areas or lacilities,call 763/559.9000 or P A R K D I a T R I C♦ I ,,.�' 163/S59.6119(TTy/TDO)weekdays,