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HomeMy WebLinkAboutCity Council - 02/21/2006 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP & OPEN FORUMIOPEN PODIUM TUESDAY,FEBRUARY 21, 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 STATE LEGISLATORS: Senator David Hann, Representative Maria Ruud, Representative Erik Paulsen 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, Mary Keating, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Amy Cralam, and Recorder Lorene McWaters Heritage Room H I. LEGISLATIVE ISSUES Council Chamber II. OPEN FORUM A. John Mallo—Eagle Web Cam III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,FEBRUARY 21,2006 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 Amy Cralam and Council Recorder Deb Sweeny I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 7,2006 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 7,2006 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN VIEW ESTATES by Insignia Development, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment in the Rural Zoning District on 8.00 acres. Location: 17650 Flying Cloud Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment) C. AGING JOYFULLY by Ken and Joy Hansen. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Office to RM-6.5 on 1.61 acres. Location: 13050 Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District Change) D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5 BY ADDING NEW SECTION 5.72 ENTITLED LICENSING OF RENTAL HOUSING AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE CITY COUNCIL AGENDA February 21, 2006 Page 2 E. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDEN VIEW ESTATES F. AWARD BID FOR LIGHTING OF ROUND LAKE PARK FIELD#4 TO GUNNAR ELECTRIC G. APPROVE SOFTWARE SALE AND LICENSE AGREEMENT WITH TECHNICAL DIFFERENCE,INC. FOR THE PURCHASE AND IMPLEMENTATION OF PEOPLE-TRAK(HUMAN RESOURCES INFORMATION SYSTEM) VII. PUBLIC HEARINGS/MEETINGS A. HORIZON PLACE by Commercial Horizons, Inc. Request for: Comprehensive Guide Plan Change from Medium Density Residential to Regional Commercial on 1.74 acres; Planned Unit Development Concept Review on 7.52 acres; Planned Unit Development District Review on 5.87 acres; Zoning District Change from Rural to Commercial Regional Service on 1.74 acres; Site Plan Review on 5.87 acres; Preliminary Plat of 7.52 acres into 1 lot and road right of way. Location: Birdies Re-development. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution for Preliminary Plat) B. LONE OAK CENTER by Dove Capital LLC. Request for: Guide Plan Change from Regional Commercial to Community Commercial on 5.27 acres; Planned Unit Development Concept Review on 5.27 acres; Planned Unit Development District Review with waivers on 5.27 acres; Zoning District Change from Commercial Regional Service to Community Commercial on 5.27 acres; Site Plan Review on 5.27 acres; Preliminary Plat on 5.27 acres into 3 lots and road right-of- way. Location: Northwest Corner of Lone Oak& Mitchell Rd (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) C. SITE ALTERATION PERMITS#2006-01-0004 Riley-Jacques Farm, 9100 Riley Lake Road. To permit the placement of a new park entrance identification sign at the farm along Lake Riley Road. D. SITE ALTERATION PERMITS #2006-02-0005 Fredrick-Miller Spring, 9995 Spring Road. To permit the placement of one new park entrance identification sign at the spring site along Spring Road. E. CDBG FUNDING RECOMMENDATIONS (RESOLUTION) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS CITY COUNCIL AGENDA February 21, 2006 Page 3 A. FIT CITY RESOLUTION B. RESOLUTION APPOINTING YOUTH DELEGATE TO NLC CONGRESSIONAL CITIES CONFERENCE X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Third Rink Feasibility Study 2. Updated Five Year Capital Improvement Plan/Park Dedication Fees & Donations 3. Recommendation to Initiate Conversion of LAWCON Property E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. CLOSED SESSION TO DISCUSS PERSONNEL ISSUE XVI. ADJOURNMENT ITEM V.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP& OPEN FORUM/OPEN PODIUM TUESDAY,FEBRUARY 7,2006 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 PLANNING COMMISSION: Ray Stoelting—Chair,Kathy Nelson—Vice Chair, John Kirk,Vicki Koenig, Peter Rocheford, Fred Seymour,Jon Stoltz, Bill Sutherland 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, City Manager Michael Franzen, Community Development Director Janet Jeremiah, Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Bill Sutherland, Janet Jeremiah,Dan Carlson, and George Esbensen were absent. Heritage Room H I. 2008 GUIDE PLAN UPDATE Presentation City Planner Mike Franzen presented a PowerPoint on the 2008 Guide Plan Update. Franzen first reviewed demographic and economic information impacting suburbs in general, and Eden Prairie in particular. Next,Franzen reviewed the process cities must follow in preparing the Guide Plan for Met Council review and approval. Met Council's requirements call for the Guide Plan to contain six elements: • Land Use Plan • Housing Plan • Transportation Plan • Water Resource Plan • Parks and Open Space Plan • Implementation Plan City Council Workshop Minutes February 7, 2006 Page 2 Franzen reviewed 13 "discussion points"that will be addressed to varying degrees during the Guide Plan update process: • Population growth in the Golden Triangle and Major Center Area • Development in Southwest Eden Prairie • Addition of an Economic Development chapter • Addition of an MCA chapter • Addition of a Golden Triangle chapter • Redevelopment of the Midwest Asphalt site • Affordable and senior housing • Housing maintenance • Light rail • Residential density • Development of an ISTS • Infiltration and inflow • Airport criteria Franzen said City staff has selected SRF has the consultant that will coordinate the guide plan update,which will take approximately a year to complete. The consultants responsibilities will include: • Moderating neighborhood forums • Leading discussions with the Planning Commission and the public at workshops • Evaluating impacts of potential population growth • Conducting traffic modeling to determine road improvements for the CIP • Developing housing implementation strategies • Developing economic development plans and strategies • Maintaining a guide plan web site • Preparation of the text and graphics for the guide plan report Discussion Mayor Tyra-Lukens asked how soon the consultant will begin work. Franzen said the consultant has not officially been hired. The terms of the agreement will depend on how much community outreach Council wishes to have included in the update process. It will also depend on how the discussion points are prioritized. Tyra-Lukens also asked how the proposed process for this guide plan update compares to the previous update. Franzen said the last Guide Plan update was largely updating numbers. He explained that the City first submitted eight updated chapters for approval,but held off submitting the airport chapter until the City and MAC had finalized the Memorandum of Understanding. Planning Commission Chair Ray Stoelting asked how staff/Council/Planning Commission participation has been handled in the past, and whether or not Franzen expects it to be similar for this update. Franzen said each Guide Plan update has been City Council Workshop Minutes February 7, 2006 Page 3 handled differently. In 1968,the City held open forums for each quadrant of the City. In 1977 the City solicited volunteers for focus groups. In 1998,the City held public hearings and workshops, but there was little involvement from the neighborhoods. Franzen said Council can go whichever direction they like at this point. He suggested localized participation based on what is being proposed for particular neighborhoods, in addition to holding a couple of open houses throughout the process. Mayor Tyra-Lukens asked to what depth each of the 13 discussion points will be addressed. For instance, she said, it is up in the air whether or not Midwest Asphalt will even be redeveloped in the next 10 years. Franzen said unencumbered land will be addressed first, followed by the Golden Triangle,then Midwest Asphalt. Council Chamber IL OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT ITEM V.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 7,2006 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 CITY STAFF: City Manager Scott Neal, Parks&Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Mike 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 7:00 p.m.All members were present. The Mayor welcomed Boy Scout Troop 479 from the Eden Prairie Presbyterian Church. The Troop is working on their Citizenship Community Merit Badge and on behalf of the Council, she expressed her appreciation for their being in attendance and for wanting to learn about Eden Prairie government. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case asked that a report on the Federal Environmental Impact Statement regarding Flying Cloud Airport be added under Reports of Councilmembers.Neal asked that two items be added under Report of City Manager. The first item would be a report on the City's Commission solicitations and recruiting process and the second item would be an update on the upcoming Commission volunteer banquet. Motion: Butcher moved, seconded by Aho,to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,JANUARY 17,2006 MOTION: Aho moved, seconded by Case,to approve as published,the minutes of the City Council Workshop held January 17, 2006. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 17,2006 CITY COUNCIL MINUTES February 7,2006 Page 2 MOTION: Case moved, seconded by Butcher,to approve as published,the minutes of the City Council meeting held January 17, 2006. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO.2006-22 APPROVING FINAL PLAY OF BRYANT LAKE THIRD C. APPROVE SECOND READING OF ORDINANCE NO.2-2006 AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTRATION,TREE PRESERVATION AND STORMWATER MANAGEMENT AND ADOPT RESOLUTION NO.2006-23 APPROVING SUMARY ORDINANCE D. APPROVE CHANGE ORDER NO. 1 FOR MITCHELL ROAD& TECHNOLOGY DRIVE IMPROVEMENTS,I.C. 00-5508 E. APPROVE 2005 BUFFER ZONE PROTECTION PROGRAM GRANT CONTRACT F. APPROVE SOFTWARE LICENSE AGREEMENT WITH VIRCHOW KRAUSE FOR PURCHASE AND IMPLEMENTATION OF AN ENTERPRISE DOCUMENT MANAGEMENT SYSTEM G. APPROVE AGREEMENT TO LIMIT INDEMNIFICATION WITH SOUTHWEST METRO TRANSIT COMMISSION AND APPROVE FIRST AMENDMENT TO THE THIRD RESTATED JOINT POWERS AGREEMENT H. AUTHORIZE ISSUANCE OF GRADING PERMIT TO FARGO ELECRONICS FOR EXPANSION OF EXISTING PARKING FACILITIES I. APPOINT JEFF CORDES ASSISTANT WEED INSPECTOR J. AWARD CONTRACT FOR REMOVAL OF STORMWATER SEDIMENT FROM RED ROCK LAKE,I.C. 05-5665 K. ADOPT RESOLUTION NO.2006-24 APPOINTING WHALHT AS ADMINISTRATOR OF REGULATORY AGREEMENTS BETWEEN THE CITY OF EDEN PRAIRIE AND RYLAND GROUP,INC.,REGARDING AFFORDABLE HOUSING UNITS WITHIN HENNEPIN VILLAGE City Attorney Rosow explained with regard to Item No. VI.F.there have been minor changes to the Software License Agreement with Virchow Krause that are legal in nature. Some provisions were removed and standard municipal provisions were added. Rosow wanted the Council to approve the Agreement as amended. CITY COUNCIL MINUTES February 7,2006 Page 3 MOTION: Young moved, seconded by Aho,to approve Items A-K of the Consent Calendar. Motion carried,5-0. VIII. PUBLIC HEARINGS/MEETINGS A. VACATION OF CONSERVATION/SCENIC EASEMENT OVER PART OF LOT 21,BLOCK 1, STONEGATE OF EDEN PRAIRIE,VACATION 05-02 (Resolution No.2006-25) City Manager Neal reported that official notice of this public hearing was published on January 19 in the Eden Prairie Sun Current and sent to four property owners.The property owner has requested the vacation of part of the Conservation/Scenic easement to allow better use of the property and to more closely conform to the natural terrain and wetland boundary. The easement was originally dedicated in conjunction with platting of the subdivision. Subsequent development and construction of a home on the lot revealed the easement boundary to be inconsistent with the existing wetland. Public Works Director Dietz explained that normally,the easements match up with what was originally anticipated during the platting process. However, in this case,the conservation easement was over a significant portion of the back part of a lot in this subdivision. When it came to using the lot and determining what the conservation easement was covering, it was determined that the easement was a significant part of the lot. It was also determined that the homeowner constructed some back yard amenities into that easement.Dietz indicated that the portion of the easement that is not necessary for the wetland should revert back to the property owner. Case asked if Staff anticipates any problems with giving back a portion of this easement to the property owner or if it would set any precedents. Dietz said it would not. From time to time there are easement situations like this one and the City may be requested to vacate an easement so that a homeowner can build a deck on it. If it is determined that that portion of the easement is no longer needed, it will be vacated.The actual final design in a subdivision is much more detailed and precise than that done during the approval process. Staff will deal with each instance as it comes up. MOTION: Butcher moved, seconded by Case, to close the public hearing and to adopt a resolution vacating the conservation/scenic easement over part of Lot 21, Block 1, Stonegate of Eden Prairie. Motion carried,5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5,ADDING SECTION 5.72 RELATING TO LICENSING OF RENTAL HOUSING City Manager Neal reported that official notice of this public hearing was published in the January 19 Eden Prairie Sun Current. This ordinance will amend City Code Chapter 5 by adding a new Section 5.72 relating to Licensing of Rental Housing, and adopting by reference, City Code Chapter 1 and Section 9.99,which CITY COUNCIL MINUTES February 7,2006 Page 4 contain penalty provisions.Neal explained that the purpose of the Ordinance is to protect the public health, safety, and welfare of citizens of the City that reside in rental dwellings through the adoption of licensing regulations and inspections. According to the 2000 census, 21.7 percent of Eden Prairie residents live in rental housing. Eden Prairie currently has in excess of 5,600 rental dwelling units. Twenty-five years is the age when buildings that are not adequately maintained begin to show signs of distress.Neal further explained that this proposed ordinance will require the annual licensure of rental residential dwellings with the City; cause rental dwelling units to be inspected once every four years, and require rental dwelling units to conform to Eden Prairie's Rental Housing Code. Neal said if approved,this ordinance would utilize a fee for service approach thereby balancing expenditures and revenues.The proposed fee would be $50 for the first unit and$11 for each additional unit. Mayor Tyra-Lukens said they have been looking at having an ordinance such as this for some time.Neighboring cities have ordinances of this type and she asked if Staff has consulted with these neighboring cities and their experiences with this type of ordinance. Kevin Schmieg,the City's Building Official, responded that the proposed ordinance has been modeled after those cities' ordinances. Aho asked what impact this ordinance would have on staffing in order to accomplish the necessary inspections.George Esbensen,Fire Chief, explained that the fees generated by the adoption of this ordinance would allow the City to hire an individual dedicated to the inspection process. One additional individual was budgeted in 2006 and 2007 dependent on adoption of the ordinance. Neal said there is some concern for placing a new financial burden on multi- family homeowners,however,this ordinance will give the property owners more control of what is going on in their properties. Schmieg explained that after three violations,the Council has the ability to remove a license on a specific unit. Case asked what happens to the renters if the license is revoked.He questioned what would happen if they have trouble getting the owners to mitigate the problem. Schmieg responded that there is a contract between the lesser and the lessee. In extreme cases,there are other organizations that could assist the renter. Case asked if the renter could bring violations to the City's attention. Schmieg explained that this ordinance would allow inspection of the various units and violations will be found rather than having the violations continue because renters do not want to call the City.This will eliminate inspections being made on properties on a complaint only basis. Basil Wissner, 8293 Mitchell Road, asked for the definition of rental housing and if that also included private homes as well as apartments. Schmieg said rental housing includes both. Charlie Houts, manager of an apartment building in Eden Prairie, said it is his understanding that apartment owners and managers in the City already have the rights and do many of the things this Council is talking about.Bloomington and Richfield have"mom and pop"buildings that are run and managed by people that are not in the business.Eden Prairie has 5,600 apartment units and most of those CITY COUNCIL MINUTES February 7,2006 Page 5 are run and operated by large professional management companies.The owners of these larger properties will not allow their properties to become in disrepair. Houts said it sounds like the City wants inspections to be able to get in and look at the different apartments and he feels that this is something apartment owners and managers do already. They inspect each of their units yearly,not every four years. Houts asked if a rental license is revoked, is it the entire building's license or would it only affect a specific unit. Schmieg answered that the license would be revoked on a unit basis. Houts said his biggest concern is that it appears that the City is moving too quickly when this particular license is not yet needed. Many of the larger properties are not that old. This appears to be an additional tax on apartment buildings and only adds to the owner's expenses. They are looking at an additional $1,000 to have someone come in to tell them what they already know about their building. Aho asked if a license were revoked,what would the process be to have the license reinstated. Schmieg explained that whenever the defects are corrected or the people who caused the problem move out the license could be reissued. Schmieg further explained that a vast majority of the property managers are professional but there is a minority and those buildings that are over 25 years old are showing distress. The vast majority of properties are well maintained. This ordinance will take care of the people that take care of their properties and will make a level playing field for all of them. MOTION: Case moved, seconded by Young,to close the public hearing and to approve reading of the ordinance amending City Code Chapter 5 by adding new Section 5.72 entitled Licensing of Rental Housing. Motion carried,5-0. IX. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher,to approve the Payment of Claims. The motion was approved on a roll call vote,with Aho,Butcher,Case,Young and Tyra- Lukens voting"aye". X. ORDINANCES AND RESOLUTIONS XI. PETITIONS.REQUESTS AND COMMUNICATIONS XH. REPORTS OF ADVISORY BOARDS& COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on Federal Environmental Impact Statement CITY COUNCIL MINUTES February 7,2006 Page 6 Case said he has concerns with the Federal Environmental Impact Statement(FEIS) for Flying Cloud Airport and the fact that the FAA has yet to sign off on the agreement. He is concerned that the City has signed off the FEIS and it may become invalid. City Attorney Rosow explained that the final agreement is between the City and the Metropolitan Airports Commission(MAC). The City has received a commitment from MAC and the City has also made a commitment.Both entities agree and fully support and defend the agreement from challenges from any third party including the FAA. If the City finds that MAC is in violation of any obligations under the agreement,there is a dispute resolution process that requires that the City notify MAC of the violation. Either party can bring forth action specifically to enforce the agreement. There are tools built into the agreement to allow enforcement. Case asked if there is anything they can do to assist the FAA with the approval process. Rosow explained that during the interim period,the FAA has not told MAC to not comply with the agreement. If they do not comply,they can give them notice. The City Council has received an elaborate audit of the agreement and both parties are responsible for compliance. They will be revisiting those obligations from time to time with respect to the FAA.They have met with the FAA in Washington with respect to Stage II aircraft.Rosow indicated that the FAA is more concerned with global issues and with setting a precedent. He said he was not aware of anything they could do directly with the FAA. On a political level,they should keep in touch with their representatives in Washington and make them aware of their concerns with this issue. Case suggested that a letter be drafted to their Congressional delegation. Neal said this would also be a good subject to bring up if anyone is going to the National League of Cities. Bob Lambert,Parks&Recreation Director, reported that the Parks Commission expressed concern about the FAA not approving this agreement and the delay caused on expansion of Flying Cloud ball fields and development of Cedar Hills Neighborhood Park. The Parks Commission passed a motion to recommend that the City Council consider sendinga letter to the Ci 's U.S. Senators and Representatives to have ty p them talk to the FAA asking them why the agreement has not been signed. Mayor Tyra-Luken said this request should be incorporated in the letter being drafted. B. REPORT OF CITY MANAGER 1. City Commission Recognition Banquet Neal reported that the Commission's annual banquet recognizing City Commission volunteer members is scheduled for Wednesday,April 26. CITY COUNCIL MINUTES February 7,2006 Page 7 2. Board and Commission Member Recruitment Neal explained that they are in the latter stages of Board and Commission member recruitment. There are two new Commissions for a total of 7 Commissions. There are 33 open positions throughout the various Commissions and they have received 7 commitments from people who are seeking reappointment,which leaves 26 open positions.As of February 7, they have received 16 applications.Neal said they have extended the recruitment deadline to February 17. Interviews are scheduled for February 28. 3. RFP Process for City Attorney Neal stated that Councilmember Young has encouraged staff to set an RFP date for the City Attorney process. Staff is currently working on an RFP for the Comprehensive Plan process and they are in the latter stages for banking services. They anticipate the City Attorney process to occur during the summer months beginning in June and ending in August.Neal indicated that he will be meeting with the City Manager from Edina who has gone through the same process they are looking at. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Architectural Services for Community Center Expansion Lambert explained that staff has received a proposal from Del Erickson, architect for the Community Center expansion,that addresses the City's request for proposal with a not to exceed cost for each of the three phases defined in the RFP for the Community Center expansion. Staff is recommending approval of the first phase of that project for$90,000 and once they get through the first phase they will ask the architect to look at Phases II and III to see if those numbers change. When doing a remodel, they are uncomfortable about guessing what the cost will be. After reviewing what is to be done in the first phase,they will have a more accurate cost estimate. MOTION: Case moved, seconded by Butcher,to approve the Phase I portion of the proposal from Delano Erickson Architects for a cost not to exceed $90,000.Motion carried,5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES February 7,2006 Page 8 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 7:45 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 21, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Police/ Clerk's License Application List VI.A. Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Kimberly Donahue—3 cats Amendment to Liquor License 2AM Closing Permit—Renewal TGI Friday's of MN Inc DBA: T.G.I.Friday's New Liquor License—New Ownership Licensee name: EP Vietnamese Restaurant,Inc. DBA: EP Vietnamese Restaurant (Formerly Nguyen, Inc DBA: Mister Q's Vietnamese Cuisine) 2006 Renewal Licenses Solid Waste Collector Keith Krupenny&Sons - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda 2/21/06 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Eden View Estates VI.B. Janet Jeremiah Michael Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District; and • Approve the Development Agreement for Eden View Estates; and • Approve and Authorize Issuance of a Grading Permit for Eden View Estates, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated January 17, 2006, as approved by the City Council. Synopsis This is final approval of a two lot subdivision with dedication of the bluff land to the City. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Development Agreement EDEN VIEW ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.3-2006-PUD-2-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,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, II 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 amended within the Rural Zoning District 3-2006-PUD-2-2006(hereinafter "PUD-2-2006-Rural). Section 3. The City Council hereby makes the following findings: A. PUD-2-2006-Rural is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2006-Rural 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-2-2006-Rural are justified by the design of the development described therein. D. PUD-2-2006-Rural is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of February 21, 2006, entered into between Insignia Development, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2006-Rural, and are hereby made a part hereof. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Rural Zoning District and shall be included hereafter in the Planned Unit Development PUD-2-2006-Rural, 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 5. 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 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 51'day of December, 2005, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 21st day of February 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on , 2006. EXHIBIT A Eden View Estates Legal Description before Final Plat The East Quarter of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116, Range 22, excepting there from the following parcels: The North 4 rods thereof; That part lying westerly of the center line of Dell Road; That part of the East Quarter of the Southeast Quarter of the Southeast Quarter of Section 30 described as follows: Commencing at a point which is distant 330 feet west and 232 feet north from the southeast corner of said Section 30; thence North 70 degrees 30 minutes East 83 feet to a 24 inch oak tree; thence North 48 degrees 47 minutes West 104 feet along the center line of a public cart way; thence due South 96 feet to the place of beginning; also except that part of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116, Range 22 described as follows: Beginning at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an assumed bearing of North 89 degrees 36 minutes 01 seconds West, along the south line of said Southeast Quarter of the Southeast Quarter, a distance of 330.31 feet to the east line of said Southeast Quarter of the Southeast Quarter; thence South 0 degrees 28 minutes 55 seconds West, along said east line, a distance of 204.21 feet to the point of beginning AND The West 3/4 of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116, Range 22, excepting there from the following parcels: The North 4 rods thereof and that part lying westerly of the center line of Dell Road. Also excluding from both parcels all that part of the Southeast Quarter of the Southeast Quarter which lies south of the northerly line of State Highway 169 and 212 as traveled. This property could be described as follows: That part of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116,Range 22, Hennepin County, Minnesota lying south of the north 4 rods thereof, lying easterly of the center line of Dell Road and lying northerly of the north right of way line of State Highway 212 as traveled. Legal Description after Final Plat Lot 1 &Lot 2, Block 1, Eden View Estates EDEN VIEW ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.3-2006-PUD-2-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land-located at 17650 Flying Cloud Drive within the Rural 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.) CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda 2/21/06 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Aging Joyfully VI.C. Planning Janet Jeremiah Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Change; and • Approve the Development Agreement for Aging Joyfully. Synopsis This is final approval of a nine unit eldercare facility Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Development Agreement AGING JOYFULLY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 6-2006-PUD-5-2006 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 Office Zoning District and be placed in the Planned Unit Development RM-6.5 Zoning District 6-2006-PUD-5-2006 (hereinafter "PUD-5-2006-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of ,2006,entered into between Aging Joyfully, and the City of Eden Prairie, (hereinafter"Development Agreement'). The Development Agreement contains the terms and conditions of PUD-5-2006-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-2006-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2006-RM-6.5 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-5-2006-RM-6.5 are justified by the design of the development described therein. D. PUD-5-2006-RM-6.5 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 Office Zoning District, and placed in the RM-6.5 Zoning District and shall be AGING JOYFULLY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2006-PUD-5-2006 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 land located atl3050 Pioneer Trail from the Office Zoning District to the RM-6.5 Zoning District on 1.61 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effectiven hall effect upon publication. Date: This Ordinance s take p ATTEST: Kathleen. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Lot 1, Block 1 Bentec Addition, Hennepin County,Minnesota AGING JOYFULLY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 6-2006-PUD-5-2006 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 PRAHUE,MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land located atl3050 Pioneer Trail from the Office Zoning District to the RM-6.5 Zoning District on 1.61 acres. 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.) �I CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 21,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: George Esbensen,Fire Chief 2nd reading of an Ordinance adding City Code Section 5.72, related to Licensing of Rental VI.D. Housing and adopt Resolution approving Summary Ordinance Requested Action Move to: Approve 2nd reading of an ordinance amending City Code Chapter 5 by adding Section 5.72 entitled Licensing of Rental Housing and adopt the Resolution approving the summary ordinance. Synopsis The City Council adopted the 1st reading of this ordinance on February 7, 2006. This ordinance will amend City Code Chapter 5 by adding a new Section 5.72 relating to Licensing of Rental Housing, and adopting by reference, City Code Chapter 1 and Section 9.99,which contain penalty provisions. Attachment Ordinance CARDCab%PL\Temp\Cover-Rental Housing Ordinance.doc CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING," ADDING SECTION 5.72 RELATING TO LICENSING OF RENTAL HOUSING, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. Eden Prairie City Code Chapter 5 is amended by adding a new Section 5.72 entitled "Licensing of Rental Housing"as follows: "SECTION 5.72 LICENSING OF RENTAL HOUSING" Subd. 1. Purpose. Purpose: It is the purpose of this ordinance to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another by adopting licensing regulations for all rental dwellings in the city. Subd.2. Definitions. For the purposes of Chapter 5, the terms defined in this section shall have the meanings given them in the subdivisions which follow: A. Administrative Authority. As used in this ordinance, the term "Administrative Authority" shall mean the Fire Chief,Building Official, or their designee. B. Rental Dwelling. As used in this ordinance the term "rental dwelling" shall mean any rental dwelling with one or more living units. "Rental dwelling" does not include hotels, motels,hospitals and homes for aged. C. Operate. As used in this ordinance, the term "operate" means to charge a rental charge or other form of compensation for the use of a unit in a rental dwelling. Subd.3. License Required. No person, firm, partnership, corporation or other.legal entity shall operate a rental dwelling in the City without first having obtained a license. The license is issued each year and is valid until the date of expiration. 1 Subd. 4. Application for Licenses. Applications for licenses shall be made in writing on forms provided by the City and accompanied by the fee amounts as established by the City Council. Such application shall be submitted at least sixty (60) days prior to the expiration date of the license, and shall specify the following: A. Name and address of the owner of the rental dwelling. B. Name and address of any operator or agent actively managing said rental dwelling. C. Name and address of all partners if the registrant is a partnership. D. Name and address of all officers of the corporation if the registrant is a corporation. E. Name and address of the vendee if the rental dwelling is owned or being sold on a contract for deed. F. Legal address of the rental dwelling. G. Number and kind of units within the rental dwelling classified as dwelling units, tenement units, or rooming units or other. H. Name and address of on site operating if . p g manager g any. Subd.5. Application,Execution. The application shall be subscribed and sworn to be the applicant before an officer duly qualified to take oaths and shall be made by the owner if such owner is a natural person; if the owner is a corporation by an officer thereof; if a partnership by one of the partners; and if an unincorporated association, by the manager or managing officer thereof. Subd. 6. License Renewal. Notwithstanding the application signature requirements of Subdivision 5, renewals of the license as required annually by this code may be made by filling out the required renewal form furnished by the Administrative Authority to the owner, operator or agent of a rental dwelling and mailing said form together with the required registration fee to the Administrative Authority. Subd. 7. License Fees. Such license fees shall be in the amount set by the City Council from time to time. 2 Subd. 8. Postin . Every registrant of a rental dwelling shall post the annual license issued by the Administrative Authority. The annual license shall be conspicuously posted (in a frame with a glass covering) by the registrant, in a public corridor, hallway or lobby of the rental dwelling for which they are issued. Subd.9. Maintenance Standards. Every rental dwelling shall maintain the standards in the City Code, Chapter 9, Section 9.11 in addition to any other requirement of the ordinance of the City or special permits issued by the City, or the laws of the State of Minnesota. Subd. 10. Revocation or Suspension. A. Every license or permit issued under this ordinance is subject to the right, which is hereby expressly reserved, to suspend or revoke the same should the license holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain rental dwellings contrary to the provisions of this Article or any other City Code provision, or any permit issued by the City or the laws of the State of Minnesota. B. The license may be suspended or revoked by the City Council after a written notice is sent to the license holder specifying the ordinance or law violations with which they are charged. This notice shall also specify the date for hearing before the City Council,which shall not be less than 10 days from the date of the notice. C. At such hearing before the City Council, the license holder or their attorneys may submit and present witnesses on their behalf. D. After a hearing the City Council may suspend or revoke the license if they deem it necessary to protect the public health, safety or general welfare. Subd. 11. Summary Action. A. When the condition of the rental dwelling of any license holder or their agent, representative, employee or lessee is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the Administrative Authority shall have the authority to summarily condemn or close off such area of the rental dwelling. B. Any person aggrieved by a decision of the Administrative Authority to cease business or revoke or suspend the license or permit shall be entitled to appeal to the City Council immediately, by filing a Notice of Appeal. The Administrative Authority shall schedule a date for hearing before the City Council and notify the aggrieved person of the date. C. The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. 3 D. The decision of the Administrative Authority shall not be voided by the filing of such appeal. Only after the City Council has held its hearing will the decision of the Administrative Authority be affected. Subd. 12. Applicable Laws. Licenses shall be subject to all of the ordinances of the City and the State of Minnesota relating to rental dwellings; and this ordinance shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. Subd. 13. Rental Dwelline Licenses; Conduct On Licensed Premises. It shall be the responsibility of the rental license holder to take appropriate action to prevent conduct by tenants or their guests on the licensed premises which is hereby deemed to be disorderly, (hereinafter referred to as a "Disorderly Use Violation") in violation of any of the following statues or ordinances: A. Minnesota Statutes, Sections 609.75 through 609.76,which prohibit gambling; B. Minnesota Statutes, Sections 609.321 through 609.324, which prohibits prostitution and acts relating thereto; C. Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027, Subdivisions 1 and 2,which prohibit the unlawful sale or possession of controlled substances; D. Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic beverages; E. Minnesota Statutes, Section 609.72, and Chapter 9, Section 9.30 of this Code, which prohibits disorderly conduct when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s)committing the violation; F. Minnesota Statutes, Sections 97B.021, 9713.045, 609.66 through 609.67 and 624.712 through 624.716 which prohibit the unlawful possession, transportation, sale or use of a weapon; Subd. 14. Disorderly Use Violations. A. Upon determination by the Administrative Authority that a Disorderly Use Violation occurred on the licensed premises, as described in Subdivision 13 above, the City shall notify the licensee by certified mail of the violation and direct the licensee to take appropriate action to prevent further violations. 4 B. If a second Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months of an incident for which the notice in Subdivision 13A above was given, the City shall notify the licensee by certified mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken,by the licensee to prevent disorderly use of the premises. This written report shall be submitted to the City within seven (7) days of receipt of the notice (excluding holidays)of disorderly use of the premises. C. If a third Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months after the second of any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the unit occupied by the involved tenant may be suspended by the City Council. The initial suspension may be for up to sixty (60) days. If another disorderly use violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months after the end of a suspension period, the City Council may suspend the rental dwelling license for the unit occupied by the involved tenant for up to one hundred twenty(120) days. In lieu of a suspension, the City Council may impose a fine equivalent to the rent for the suspension period. D. It shall not be considered an instance of disorderly use if the tenant is evicted or voluntarily vacates the licensed premises prior to the hearing before the City Council and within two (2) full calendar months after the determination by the Administrative Authority that disorderly use has occurred and notice of the determination has been sent to the licensee. Subd. 15. Multiple Suspensions. If the license of more than one dwelling unit in a licensed premises is suspended within twelve (12) months, the period of suspension for the second and subsequent dwelling units licensed that are suspended may be doubled for the suspension period specified in Subdivision 14 above. Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Sections 2.99 and 11.99, entitled "Violation a Misdemeanor"are hereby adopted in their entirety, by reference, as though repeated verbatim herein. 5 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on ,day of 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 News of the day of P:\Home\EP\City Code\Chapter 5-Rental Housing Code\2005 License Rental Housing Code-020106.doc 6 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 21 st day of February 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 February 21, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 7-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ADDING CITY CODE SECTION 5.72, RELATING TO LICENSING OF RENTAL HOUSING AND ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The following is only a summary of Ordinance No. 7-2006. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. This ordinance requires the annual licensure of rental residential dwellings with the City and causes rental dwelling units to be inspected once every four years and to conform to Eden Prairie's Rental Housing Code. 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 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda 2/21/06 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Eden View Estates VLE. Janet Jeremiah Michael Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District; and • Approve the Development Agreement for Eden View Estates; and • Approve and Authorize Issuance of a Grading Permit for Eden View Estates, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated January 17, 2006, as approved by the City Council. Synopsis This is final approval of a two lot subdivision with dedication of the bluff land to the City. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Development Agreement EDEN VIEW ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.3-2006-PUD-2-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,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 amended within the Rural Zoning District 3-2006-PUD-2-2006(hereinafter "PUD-2-2006-Rural). Section 3. The City Council hereby makes the following findings: A. PUD-2-2006-Rural is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2006-Rural 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-2-2006-Rural are justified by the design of the development described therein. D. PUD-2-2006-Rural is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of February 21, 2006, entered into between Insignia Development, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2006-Rural, and are hereby made a part hereof. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Rural Zoning District and shall be included hereafter in the Planned Unit Development PUD-2-2006-Rural, 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 5. 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 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 5th day of December, 2005, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 21 st day of February 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2006. EXHIBIT A Eden View Estates Legal Description before Final Plat The East Quarter of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116, Range 22, excepting there from the following parcels: The North 4 rods thereof; That part lying westerly of the center line of Dell Road; That part of the East Quarter of the Southeast Quarter of the Southeast Quarter of Section 30 described as follows: Commencing at a point which is distant 330 feet west and 232 feet north from the southeast corner of said Section 30; thence North 70 degrees 30 minutes East 83 feet to a 24 inch oak tree; thence North 48 degrees 47 minutes West 104 feet along the center line of a public cart way; thence due South 96 feet to the place of beginning; also except that part of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116, Range 22 described as follows: Beginning at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an assumed bearing of North 89 degrees 36 minutes 01 seconds West, along the south line of said Southeast Quarter of the Southeast Quarter, a distance of 330.31 feet to the east line of said Southeast Quarter of the Southeast Quarter; thence South 0 degrees 28 minutes 55 seconds West, along said east line, a distance of 204.21 feet to the point of beginning AND The West 1/4 of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116, Range 22, excepting there from the following parcels: The North 4 rods thereof and that part lying westerly of the center line of Dell Road. Also excluding from both parcels all that part of the Southeast Quarter of the Southeast Quarter which lies south of the northerly line of State Highway 169 and 212 as traveled. This property could be described as follows: That part of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116,Range 22,Hennepin County, Minnesota lying south of the north 4 rods thereof, lying easterly of the center line of Dell Road and lying northerly of the north right of way line of State Highway 212 as traveled. Legal Description after Final Plat Lot 1 &Lot 2, Block 1,Eden View Estates EDEN VIEW ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.3-2006-PUD-2-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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,NIINNESOTA,ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 17650 Flying Cloud Drive within the Rural 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.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 21, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Stuart A. Fox, Manager Athletic Field Lighting— VLF. Parks and Natural Resources Round Lake Park Ballfield#4 Requested Action Move to: Award the bid for the lighting of Round Lake Park field#4 to Gunnar Electric in the amount of$87,600. Synopsis Last year staff received permission from the Council to add athletic field lighting to the Round Lake Park field#4. Before that approval,notices were sent out to adjacent property owners and a meeting was held at the Parks,Recreation and Natural Resources Commission. Staff failed to obtain bids from qualified bidders last year and has just rebid the work for lighting this athletic facility.Bids were sent out to three local companies and two bids were received by 2 p.m. on Tuesday,February 14. A third sealed bid was received after the published opening time.A summary of the bids are as follows: • Gunnar Electric $84,500 Add Alternate$3,100 • Vinco Inc. $103,282 Add Alternate$2,000 Staff recommends awarding the contract to Gunner Electric for an amount of$84,500,plus the add alternate of$3,100.The estimated cost for the work was $85,000. This amount is budgeted in the capital improvement program. Funding for the athletic field improvements at Round Lake Park comes from field use fees that are paid by the various adult athletic teams that play at that facility. The plan for the past fifteen plus years is to collect fees from those participating in programs and utilize those revenues to make improvements to the facilities and athletic field lighting. This has been done in the past,namely lighting fields#2 and#3 in 1987. Background Starting nearly a year and a half ago, staff has recommended the lighting of an additional field at Round Lake Park because of the possibility of the Community Center being enlarged sometime in the future. With the passage of last November's referendum, it is critical that field#4 be lit this spring to compensate for the eventual loss of softball field#5 during the relocation process of the baseball field to accommodate Community Center parking adjacent to the proposed addition. With the lighting of the field,teams are able to play three games per night as opposed to two on an unlit field. In addition,this will allow greater flexibility during the secondary or fall softball field, since currently only two adult fields are lit. The fields at Round Lake are used for adult men, adult women leagues as well as various tournaments and also used by the High School physical education classes and softball teams. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 21,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: Office of City Manager Approve Software Sale and License Agreement VI.G. Lisa Wu,IT with Technical Difference, Inc for the purchase Karen Kurt,Human Resources and implementation of People-Trak(Human Resources Information System) Requested Action Move to: Approve Software Sale and License Agreement with Technical Difference, Inc. for the purchase and implementation of People-Trak(Human Resources Information System) for a total amount of$18, 014.25. Synopsis Implementation of People-Trak will enable the Human Resources division to improve customer service and efficiency by automating key human resources activities. Major features of the software include: • Applicant tracking through a web-cased career center and application process • Employee self-service, enabling employees to enroll in benefits, make address and other demographic changes, and enroll in training classes via the web • Manager self service, enabling managers to view employee information, update employee information, conduct performance reviews, and review employment applications via the web • Enhanced data collection and report writing capabilities, enabling us to analyze workforce trends more effectively Automating these human resources activities is the natural progression after the implementation of time and attendance last year and is reflective of the City's ongoing goal of being a leader in the effective use of technology. Funding for a human resources information system was included in the 2006 budget. Attachments People-Trak HRIS Quotation Technical Difference Sale and License Agreement City of Eden Prairie People-Trak HRIS Quotation Prepared By: La Rene Reece Date Prepared: 02-16-2006 To: From: Karen Kurt Technical Difference, Inc. 8080 Mitchell Road 5256 S. Mission Road, Suite 802 Eden Prairie, MN 55344 Bonsall, CA 92003 Phone: (952)949-8437 Ext. Phone: 800-809-5731 Ext. 213 Fax: (952) 949-8599 Fax: 866-693-4868 ACC-100-HR Core HRIS 1 $695.00 25.00 % $521.25 ACC-100-HR-UPG Core HRIS Upgrade 5 $695.00 25.00 % $2,606.25 ACC-100-TIM Time and Attendance 1 $395.00 25.00 % $296.25 ACC-100-TIM-UPG Time and Attendance Upgrade 5 $95.00 25.00 % $356.25 ACC-100-TRN Training Administration 1 $495.00 25.00 % $371.25 ACC-100-TRN-UPG Training Administration Upgrade 5 $195.00 25.00 % $731.25 ACC-100-APP Applicant Tracking Module 1 $495.00 25.00 % $371.25 ACC-100-POS Position Control Module 1 $495.00 25.00 % $371.25 ACC-100-POS-UPG Position Control Module Upgrade 5 $195.00 25.00 % $731.25 ACC-100-ESS ESS/MSS 1 $1,995.00 25.00 % $1,496.25 ACC-100-ESS-UPG ESS/MSS Upgrade 5 $995.00 25.00 % $3,731.25 ACC-1 00-CRC Career Center 1 $1,995.00 25.00 % $1,496.25 ACC-100-MUU Multi-User 1 $495.00 25.00 % $371.25 ACC-100-MUU-UPG Multi-User Upgrade 5 $95.00 25.00 % $356.25 FILTERSECURITY Filter Security 1 $995.00 25.00 % $746.25 MAINTENANCE Maintenance Agreement 1 $2,435.50 .00 $2,435.50 SQL SQL Version 1 $1,000.00 .00 $1,000.00 Comments: Quote reflects SQL Version up to 600 active employee records. Subtotal: $17,989.25 Annual Maintenance required 1 st year. Tax: $.00 Unlimited Applicant Records. Shipping: $25.00 Optional Custom Payroll Interface to JD Edwards: $1,995.00 Total: $18,014.25 This quotation is good for 30 Days from 02-16-2006. Initials: Date: Technical Difference Sale and License Agreement This Sale and License Agreement(AGREEMENT)is made as of 02-16-2006 by and between Technical Difference,Inc.,a Delaware corporation,and City of Eden Prairie. This AGREEMENT is for the sale and license of one copy of People-Trak HRIS software program(the"SOFTWARE"),by Technical Difference,Inc.,to City of Eden Prairie. This AGREEMENT offer is valid for 30 days from 02-16-2006. Technical Difference Software License GRANT OF LICENSE. Technical Difference,Inc.grants you a perpetual,royalty free license to use one copy of People-Trak HRIS,by Technical Difference,Inc., software program(the"SOFTWARE")on a single PC,or on a single fileserver within a network. You may not install the SOFTWARE or otherwise use it on more than one fixed disk at the same time. COPYRIGHT. The SOFTWARE is owned by Technical Difference,Inc.and is protected by United States copyright laws and international treaty provisions. Therefore,you must treat the SOFTWARE like any other copyrighted material(a book or musical recording)except that you may make one copy of the SOFTWARE solely for backup or archival purposes. You may not copy the written materials accompanying the software without including the copyright notices contained therein. OTHER RESTRICTIONS. You may not rent,lease or transfer the SOFTWARE and the accompanying written materials on a permanent or part time basis without the expressed written consent of Technical Difference,Inc.Upon consent by Technical Difference,Inc.,and transfer of the SOFTWARE,recipient of the SOFTWARE shall agree in writing to the terms of this agreement. You may not reverse engineer,de-compile,or disassemble the SOFTWARE. DEPOSIT AND PAYMENT.A 25%non-refundable deposit is required on all purchases and is due upon signature of this document.You shall pay Technical Difference,Inc.a one-time fee of$18,014.25,minus the 25%deposit,within 30 Day Net of receipt of an invoice after delivery of the SOFTWARE. If,in the event full payment is not received in accordance with stated terms,Technical Difference Inc.will charge you,and you agree to pay,interest on the unpaid balance of 1.50%per month,equivalent to an annual rate of 18%,until the balance is paid in full. Limited Warranty LIMITED WARRANTY. Technical Difference warrants that(i)it has all the necessary rights,title and interest to provide the license to the SOFTWARE provided under this Agreement;(ii)the SOFTWARE and your use thereof will not infringe or misappropriate any third party's patents,copyrights,trademarks or trade secrets or other personal or proprietary rights;(ii)the SOFTWARE shall at all times be in compliance with all applicable laws,rules and regulations;and(iv)the SOFTWARE will be free from all viruses,worms,Trojan horses,cancel bots and other contaminants including but not limited to any codes or instructions that may be or will be used to access,modify,delete or damage any data files or other computer programs used by you.Technical Difference also warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of 1 year from the date of receipt or one year from the last date that you are entitled to maintenance pursuant to the annexed maintenance agreement,whichever is longer. Any implied warranties on the SOFTWARE are limited to the same time period. Some states do not allow limitations on durations of an implied warranty,so the above limitation may not apply to you.If the SOFTWARE fails to substantially perform in accordance with the accompanying written materials within the period set forth above Technical Difference shall repair or replace the defective SOFTWARE. CUSTOMER REMEDIES. Technical Difference's entire liability and your exclusive remedy should the SOFTWARE fail to substantially perform in accordance with the accompanying written materials shall be to repair or replace the SOFTWARE,at the sole discretion of Technical Difference,Inc. Any replacement SOFTWARE will be warranted for 1 year from the date of receipt of the replacement or 1 year from the last date that you are entitled to maintenance pursuant to the annexed maintenance agreement,whichever is longer.If,after signing this agreement and receipt of SOFTWARE,you determine that the SOFTWARE is not suitable to your needs,return the unopened SOFTWARE package and all accompanying materials(including written documentations,binders or other containers)to Technical Difference,Inc.within 30 days for a full refund. NO OTHER WARRANTIES. Technical Difference disclaims all other warranties,either expressed or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose,with respect to the SOFTWARE and the accompanying written materials. This limited warranty gives you specific legal rights. INDEMNIFICATION. Technical Difference shall indemnify and hold you harmless from and against any claims,penalties,losses,liabilities,judgments,settlements, awards,damages,costs and expenses(including but not limited to reasonable attorneys fees)arising out of or related to a breach of the warranties set forth above. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. Except for the indemnification obligations contained herein,in no event shall either party be liable for any damage whatsoever(including,without limitation,damages for loss of business profit,business interruption,loss of business information,or other pecuniary loss) arising out of this Agreement or the use of or inability to use this Technical Difference product,even if the party has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages,the above limitations may not apply. The laws of the state of Delaware govern this agreement. Any questions concerning this agreement should be directed to: Technical Difference,Inc. 5256 S.Mission Rd.,Suite#802 Bonsall,CA 92003 (800)809-5731 (866)693-4868 fax IN WITNESS WHEREOF,the parties,by their authorized representatives,have executed this Agreement on the date and year first written below. City of Eden Prairie Technical Difference,Inc. 8080 Mitchell Road 5256 S.Mission Road Eden Prairie,MN 55344 Suite 802 Bonsall,CA 92003 By: Date By: Date Karen Kurt La Rene Reece Maintenance Agreement This document defines the terms under which technical support and program maintenance for People-Trak MUS products,purchased by City of Eden Prairie,heretofore referred to as(the Customer),and licensed from Technical Difference,Inc.,a Delaware corporation,are to be provided to the Customer for the period specified below. These services include: 1. Customer will receive unlimited telephone support via a toll-free number(800-273-3760). The unlimited support will be subject to the limitations and exclusions listed below. The minimum support hours shall be 6:00 AM to 4:00 PM PST,Monday through Friday, except for accepted business holidays. 2. Customer will receive unlimited email support.Customer may email their assigned support rep directly or by visiting People-Trak's support website at www.people-trak.net and choosing'Contact Us'. 3. Customer will receive all product updates at no charge. An update is a change or set of changes made by Technical Difference,Inc.to correct minor errors,provide minor enhancements,or to address changes in compliance legislation. 4. Customer will receive all product upgrades at no charge. An upgrade is a substantial revision to the software that includes significant enhancements and features over and above the previous version. New documentation is typically required and is included at no additional charge. 5. The term of this Maintenance Agreement shall commence as of the first day of the following month of the date hereof written below and shall continue thereafter in full force and effect for one year. Customer may cancel this agreement without refund by giving 30-day notice.Notice shall be sent to: Technical Difference,Inc. 5256 S.Mission Rd., Suite 802 Bonsall,CA 92003 (800)273-3760 (866)693-4869-fax 6. The cost of the support services provided by Technical Difference,Inc.under this Maintenance Agreement shall be$2,435.50 and is nonrefundable.You shall pay Technical Difference,Inc.a one-time fee of$2,435.50 within 30 Day Net of receipt of an invoice.If,in the event full payment is not received in accordance with stated terms,Technical Difference Inc.will charge you,and you agree to pay, interest on the unpaid balance of 1.50%per month,equivalent to an annual rate of 18°/u,until the balance is paid in full. Limitations and Exclusions Technical Difference reserves the right to deny support under the following conditions: • Customer refuses to perform reasonable tasks requested by the support staff or will not provide reasonable materials necessary for support. • Customer is not competent to perform tasks requested b the support staff. In articular,with regards to network installations,the P P 4 Y PP P � g customer must provide a qualified network administrator when requested. • Customer is found in breach of the Technical Difference,Inc.license agreement,and Technical Difference,Inc.provides Customer with written notice of the breach,and Customer does not cure the breach within 30 days of receipt of the notice. • Customer issues are outside of the scope of the product. Furthermore: Any lapse of Annual Support after expiration date will incur a$195 reinstatement fee. IN WITNESS WHEREOF,the parties,by their authorized representatives,have executed this Agreement on the date and year first written below. City of Eden Prairie Technical Difference,Inc. 8080 Mitchell Road 5256 S.Mission Road Eden Prairie,MN 55344 Suite 802 Bonsall,CA 92003 By: Date: By: Date: Karen Kurt La Rene Reece CITY COUNCIL AGENDA DATE: SECTION: Public Hearings February 21, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Horizon Place VILA. Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Medium Density Residential to Regional Commercial on 1.74 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 7.52 acres; and • Approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional on 1.74 acres; and • Adopt the Resolution for Preliminary Plat on 7.52 acres into one lot and road right of way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is for a 29,000 square foot commercial development consisting of an 11,000 square foot retail strip building and 18,000 square foot Office Max. Background Information A 1.74 acre portion of the project will require a guide plan change from Medium Density Residential to Regional Commercial. This land use may be appropriate for the following reasons: 1. The property is adjacent to Commercial Regional Service land uses to the north. 2. The site is adjacent to Highway 212. Planning Commission Recommendation The project was first reviewed by the Planning Commission on January 20, 2006 and continued for the developer to address architecture,tree replacement, lighting, and sign issues. Revised plans were reviewed and found acceptable at the February 13,2006 Planning Commission meeting. The Planning Commission voted 8-0 to recommend approval of the project to the City Council. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Staff Report dated January 20, 2006 5. Staff Report dated February 10, 2006 6. Location Map 7. Land Use Map/Zoning Map 8. Planning Commission minutes dated January 23, 2006. HORIZON PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA 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 of Horizon Place,by Commercial Horizons, Inc. for a 29,000 square foot commercial development consisting of retail uses. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 1.74 acres from Medium Density Residential to Regional Commercial ADOPTED by the City Council of the City of Eden Prairie this 21 sc day of February, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk HORIZON PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HORIZON PLACE FOR COMMERCIAL HORIZONS,INC. 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 February 13, 2006, on Horizon Place by Commercial Horizons, Inc and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on February 21, 2006. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Horizon Place, being in Hennepin County,Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated January 30, 2006. 3. That the PUD Concept meets the recommendations of the Planning Commission February 13,2006. ADOPTED by the City Council of the City of Eden Prairie this 21"day of February, 2006., Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: Lot 1,Block 2, FOUNTAIN PLACE,Hennepin County, Minnesota AND Commencing at the northwest corner of Section 23,Township 116,Range 22,thence East along the north line of said Section to the center of the State Highway Numbered 212 and 169 formerly known as Number 5; thence southwesterly along the center line of said highway to the west line of said Section;thence North to place of beginning. AND Lot 1, Block 1 FOUNTAIN PLACE APARTMENTS, according to the recorded plat thereof, Hennepin County,Minnesota HORIZON PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006-_ RESOLUTION APPROVING THE PRELIMINARY PLAT OF HORIZON PLACE FOR COMMERCIAL HORIZONS,INC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Horizon Place for Commercial Horizons, Inc. stamp dated January 30, 2006, and consisting of 7.52 acres into one lot and road right of way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 21'day of February, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission THROUGH: Michael D. Franzen, City Planner FROM: Regina Herron, Planner I DATE: January 20,2006 PROJECT: Horizon Place LOCATION: West of T.H. 212, south of Fountain Place, east of Columbine Road APPLICANT/ OWNERS: Commercial Horizons Inc. REQUEST: 1. Comprehensive Guide Plan Change from Medium Density Residential to Regional Commercial on 1.74 acres. 2. Planned Unit Development Concept Review on 5.87 acres. 3. Planned Unit Development District Review on 5.87 acres. 4. Zoning District Change from Rural to Commercial Regional Service on 1.74 acres. 5. Site Plan Review on 5.87 acres. 6. Preliminary Plat of 5.87 acres into 2 lots and road right of way. Staff Report—Horizon Place January 20,2006 Page 2 BACKGROUND The Comprehensive Guide Plan shows the 5.87 acre properties for Regional Commercial and Medium Density Residential land use. Surrounding land uses consist of the High Density Residential,Medium Density Residential, and Regional Commercial. The properties are zoned Rural and Commercial Regional Service. COMPREHENSIVE GUIDE PLAN CHANGE A 1.74 acre portion of the project will require a guide plan change from Medium Density Residential to Regional Commercial. This land use may be appropriate for the following reasons: 1. The property is adjacent to Commercial Regional Service land uses to the north. 2. The site is adjacent to Highway 212. PLANNED UNIT DEVELOPMENT The PUD includes the entire 5.87 acre site. Lot 1 has concept approval for 6,000 square feet of restaurant-retail use with the Fountain Place Retail development. Lot 1 consists of an 11,000 square foot retail strip building. Lot 2 consists of an 18,000 square foot Office Max. SITE PLAN AND PRELIMINARY PLAT The overall plan shows 29,000 square feet of retail on the two lots. Lot 1 has a base area/floor area ratio of 0.15. Lot 2 has a base area/floor area ratio of approximately 0.11. City code permits up to a 0.20 base area ratio and a 0.40 floor area ratio in the Commercial Regional Service zoning district. The buildings meet the required setbacks. Parking requires 174 spaces based on 6 spaces for every 1000 sq. ft of building for retail. The plan provides 102 spaces on Lot 1 and 72 spaces on Lot 2 totaling of 174 spaces. Parking meets the setback requirements except along the internal lot line between Lot 1 and Lot 2. Parking setback waivers are required from 10 feet to 0 feet from internal lot lines for Lots 1 and 2. STORMWATER TREATMENT Stormwater will be directed towards an existing treatment pond west of Columbine Road Staff Report—Horizon Place January 20,2006 Page 3 LANDSCAPING/TREE REPLACEMENT The amount of landscaping required is 298 inches for landscaping and tree replacement. Landscaping required based on building size is 90 inches. Tree replacement required from the Fountain Place PUD is 208 inches. The plan shows 48 inches of existing landscape trees saved from Birdies Sport Park and 210 new inches of trees. This leaves a balance of 40 additional inches of trees required.Additional trees could be placed on the southwest corner of Lot 2 to screen the loading area and residential use and to meet the caliper inch requirement. ARCHITECTURE The east elevation of Retail Building A facing T.H. 212 needs additional architectural detail in terms of construction details, form and materials to provide a better"front door"look facing 212. Staff recommends either of the following approaches: OPTION A Repeat cornice on the left side of the east elevation syssm:� xc�es Repeat change in material m Repeat band _,._..._ .._....___". OPTION B Repeat Entry Element vs.s ..�wx Staff Report—Horizon Place January 20,2006 Page 4 SIGNS City code permits one 80 square foot free standing sign on one frontage and an additional 36 square foot free standing sign for each additional road frontage per lot. On Lot 2,two freestanding signs are proposed on Columbine Road. Only one sign is permitted on Columbine Road. The sign on the northeast corner of Lot 2 should be moved to the northwest corner of Lot 1 to meet code requirements. The southern sign on Lot.2 should be relocated to meet the required 15 foot setback. The Office Max wall signs meet code requirements. The individual retail tenant signs are permitted not to exceed 15%of its wall area to a maximum of 300 square feet. All proposed wall signs need to be located below the roof line. SITE LIGHTING Parking lot lighting is downcast-cutoff fixtures on 20-foot poles. Site lighting should not exceed one-half foot-candle at the south property line between the loading dock and parking lot and the neighboring residential use. SUMMARY The Planning Commission should discus the following questions. 1. Should the guide plan be changed from Medium Density Residential to Regional Commercial for the 1.74 acre property? 2. Does the architecture of Office Max contain appropriate detail in form,materials and colors for the City to consider changing the guide plan and the granting of PUD waivers? The use of the site for Regional Commercial is appropriate. The plan and architecture should be modified according to the following recommendations: 1. Modify the east elevation of Office Max according to Option A or B. 2. Meet the freestanding sign requirements. 3. Meet the landscaping/tree replacement requirement for 40 caliper inches. 4. Meet the one-half foot-candle lighting requirement at the south property line between the loading dock and parking lot and the neighboring residential use. STAFF RECOMMENDATIONS Option 1 Recommend approval of the following request: • Comprehensive Guide Plan Change from Medium Density Residential to Regional Staff Report—Horizon Place January 20,2006 Page 5 Commercial on 1.74 acres. • Planned Unit Development Concept Review on 5.87 acres. • Planned Unit Development District Review on 5.87 acres. • Zoning District Change from Rural to Commercial Regional Service on 1.74 acres. • Site Plan Review on 5.87 acres. • Preliminary Plat of 5.87 acres into 2 lots and road right of way. This is based on plans dated January 17, 2006, and the following conditions: 1. Prior to City Council Review,the proponent shall: A. Modify the east elevation of Office a Max according to Option A or B. B. Meet the freestanding sign requirements. C. Meet the landscaping/tree replacement requirement for 40 caliper inches. D. Meet the one-half foot-candle lighting requirement at the south property line between the loading dock and parking lot and the neighboring residential use. 2. Prior to release of the final plat,the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control at the grading limits. 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the landscaping/tree replacement plan for 40 caliper inches. B. Pay the Cash Park Fee. C. Review the plans with the Fire Marshal D. Submit building materials and colors for review and approval. 5. The following waivers are granted through the PUD for the project: A. Parking setback from 10 feet to 0 feet from internal lot lines. Staff Report-Horizon Place January 20,2006 Page 6 Option 2 Recommend a continuance of the project to the February 27, 2006 Planning Commission meeting and direct the proponent to revise the plans as follows. • Modify the east elevation of Office Max according to Option A or B. • Meet the freestanding sign requirements. • Meet the landscaping/tree replacement requirement for 40 caliper inches. • Meet the one-half foot-candle lighting requirement at the south property line between the loading dock and parking lot and the neighboring residential use. Staff Recommends Option 2 I STAFF REPORT TO: Planning Commission THROUGH: Michael D. Franzen, City Planner FROM: Regina Herron,Planner I DATE: February 10, 2006 PROJECT: Horizon Place LOCATION: West of T.H. 212, south of Fountain Place,east of Columbine Road APPLICANT/ Par-Vest, Inc. OWNERS: Commercial Horizons, Inc. REQUEST: 1. Comprehensive Guide Plan Change from Medium Density Residential to Regional Commercial on 1.74 acres. 2. Planned Unit Development Concept Review on 7.52 acres. 3. Planned Unit Development District Review on 5.87 acres. 4. Zoning District Change from Rural to Commercial Regional Service on 1.74 acres. 5. Site Plan Review on 5.87 acres. 6. Preliminary Plat of 7.52 acres into 1 lot and road right of way. Staff Report—Horizon Place February 10,2006 Page 2 BACKGROUND This is a continued item from the January 23, 2006 meeting.At that meeting the Planning Commission directed the developer to revise the plans to address the following: 1. Modify the east elevation of Office Max according to Option A or B. 2. Meet the freestanding sign requirements. 3. Meet the landscaping/tree replacement requirement for 40 caliper inches. 4. Meet the one-half foot-candle lighting requirement at the south property line between the loading dock and parking lot and the neighboring residential use. The plans have been revised to meet the staff report and Planning Commission recommendations with the exception of the site lighting should not exceed one-half foot-candle at the south property line between the loading dock and parking lot and the neighboring residential use. The plat has been revised into one lot and road right of way and the zero lot line setback waiver for parking has been eliminated. STAFF RECOMMENDATIONS Recommend approval of the following request: • Comprehensive Guide Plan Change from Medium Density Residential to Regional Commercial on 1.74 acres. • Planned Unit Development Concept Review on 7.52 acres. • Planned Unit Development District Review on 5.87 acres. • Zoning District Change from Rural to Commercial Regional Service on 1.74 acres. • Site Plan Review on 5.87 acres. • Preliminary Plat of 7.52 acres into 1 lot and road right of way. This is based on plans dated January 30, 2006, and the following conditions: 1. Prior to City Council Review,the proponent shall: A. Meet the one-half foot-candle lighting requirement at the south property line between the loading dock and parking lot and the neighboring residential use. 2. Prior to release of the final plat,the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. Staff Report—Horizon Place February 10,2006 Page 3 B. Install erosion control at the grading limits. 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the landscaping/tree replacement plan for 250 caliper inches. B. Pay the Cash Park Fee. C. Review the plans with the Fire Marshal D. Submit building materials and colors for review and approval. Area Location Map - Horizon Place Address: West of T.H. 212, South of Fountain PI, East of Columbine Rd Prairie Center Drive ' I Fountain PIS i 1 Columbine Rd \ �i 2121Flying Cloud Dr SITE / LL VJ. '/ 1 !;��� �� �/ i Anderson Lakes`Pkwy Guide Plan Map Horizon Place Vilest of T.H. 212, South of Fountain Place, East of Columbine Road Prairie Center Drive �� 1 Fountain Plaee Columbine Road 12 "g -� 212/Flying Cloud.drive 60, 3 i /d r f Anderson lakes Parkway r s i l r / ^ ei1 \ - )) • i +r' 1 1-20 _ x Low Density Residential Q-2-5 Units/Acre i !Neighborhood Commercial Principe!Arterial Low DensitytPubliclOpen Space Community Commercial ®A Minor Arterial � Medium Density residential 2.5.10 Units/Acre Regional Commercial —B MincrArteriat Medium Density ResideniiallOtfice ParklOpen Space ----Major Collector Nigh Density Residential 10-40 Units/Acre Publie/Ouasi-Public �—�Minor Collector Office Church!Cemetary Office/Industrial Open water DATE Appmwd a&1M OfficeiPebliclOpen Space Right-Of-Way DATE Re sedai-DM5 Industrial —-- Metropolitan Urban Service Line(MUSA) Creeks ZoningMap p Horizon Place Vilest of T.H. 212, South of Fountain Place, East of Columbine Road i Prairie Center Drive I �s it III p�l�llllri,,I I I Fountain Place k I I Columbine Road 2121Flying Cloud Drive r tt ~l i Anderson Lakes Parkway 3 N.. i City of Eden Prairie Zoning Map L�Rural One Family-10 aae mim =Highway commercial Shoreland Management Classifications - R1-44 One Family-44,OW st.min. Regional service Commercial It40 Natural Environment Waters R1-22 One Family22:00o sf min, Regional Commercial Em5l Recreational Development Waters c!@ General Development Waters(Creeks Only) R1-1 3.5 One Family-13,500 sf min. Industrial Park-2 Acre Min, 100- Year Floodplain RI-9.5 One Family-9,500 sf min. industrial Park-5Acia Min. Righrray#312 West of County Road 94 is proposed,not constructed at this time. RM-5.5 Multi-Family-6.7 U.P.A.max. General Industrial-5Aare Min. Up dated through 04nance 909 2005 RM-2.5 Multi•Famtly-17.4 U-PA,max. Public Ordinance tf332001(BFI Addition)approved,but not shown on this map edition Office inter Date:June.24,2005 UC h L.et aJa'.i5 i'aC S:-a-ce Neighborhood Commercial Righi-af-Way ":, Community Commercial Chanhassen City limits N APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 23,2006 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Larry Kacher,John Kirk,Vicki Koenig, Kathy Nelson,Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, William Sutherland STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Scott Kipp, Senior Planner Regina Herron,Planner 1 Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kacher,Kirk, Rocheford, Sutherland. II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Seymour,to approve the agenda. Motion carried 5-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON DECEMBER 12,2005 A quorum was not met to approve the minutes. PLANNING COMMISSION MEETING HELD ON JANUARY 9,2006 A quorum was not met to approve the minutes. IV. PUBLIC MEETING V. INFORMATIONAL MEETING Planning Commission Minutes January 23, 2006 Page 2 VI. PUBLIC HEARINGS A. VARIANCE#2006-01 at 9995 Gristmill Ridge. Request to: Permit a 7 foot side yard setback for a deck addition. City Code requires a minimum 10 foot side yard setback in the R1-13.5 Zoning District. Michael Lintner, owner of the property at 9995 Gristmill Ridge,presented the proposal. He stated that in the last year he has spent a considerable amount of time with the builders and his neighbors to come up with the blueprint for the deck that he is submitting this evening. He pointed out that because of the triangular nature of his lot he is requesting a 3 foot variance to accommodate his deck. He utilized the overhead projector to illustrate the position of the deck and hot tub and the location of the stairs. He pointed out that some of the hardships would be per his doctor's orders he needs a hot tub to accommodate his back pain. The second hardship would be the triangular shape of his lot. The third reason would be that approximately 20 percent of his lot is allocated to easement versus 10 percent for every other lot in his subdivision. This easement is due to the sewer, drainage and utility easement on the rear of the lot. Mr. Lintner pointed out that water drainage from the neighbor's house into his backyard and basement created another hardship. An additional hardship is the 21 foot Blaze Maple tree that would have to be destroyed if the deck was moved to accommodate the current easement. Stoelting asked Herron to review the staff report. Herron stated that the Commission should address the three alternatives to this request that are listed in the staff report. The alternatives would be to change the shape of the deck to meet setbacks;reduce the size of the deck to meet setbacks; or relocate the deck to meet setbacks. Herron also pointed out the requested Commission actions. They are as follows: Approve Variance Request 2006-01 as submitted finding: the variance will not significantly alter the character of the neighborhood, only 6 percent of the deck encroaches into the setback,the deck is 24.72 feet from the neighboring house to the east. The next action would be to Approve Variance Request 2006-01 with modifications. And the last action would be to Deny Variance Request 2006-01 because alternatives exist to design the expansion and meet City Code requirements. Stoelting asked Herron if there were any concerns with encroachment. Herron stated that the deck does not encroach into the easements. Stoelting asked if the sewer system encroached into the easement. Gray stated that it did not. Stoelting opened the meeting up for public input. There was no input. Nelson asked if it is allowed to take drainage away from one house to another. Gray stated that the City would have to look into this particular situation but currently they have had no complaints in regards to this issue. Gray stated that Planning Commission Minutes January 23, 2006 Page 3 there is a possibility that the workmanship in the building of the house had caused a nuisance. Koenig stated that Mr. Lintner should have approached the City in regards to this issue. Mr. Lintner stated that he is working with the builder to change the flow of drainage. Stoelting asked Mr.Lintner to address the three alternatives that were in the staff report and also the steps leading up to the hot tub. Mr.Lintner stated that he had to have steps to go from the deck to the hot tub. Stoelting asked Mr.Lintner if he needed to steps that were located to the right of the hot tub. Mr. Lintner stated that the steps were needed in order to go from the deck to the hot tub. Stoelting asked where the 7 foot yard setback would be located. Utilizing the overhead projector,Mr. Lintner illustrated where the setback would be located. He also pointed out that he did not feel that the lot lines lined up to specification. He felt that his house was 2 feet further to the west than what the survey states. Stoltz asked if the City agrees with that information. Herron stated that the Certificate of Survey that was used was from the Building Department but another option would be to have the house resurveyed. Fox stated that Certificate of Surveys are fairly accurate and to prove that it is accurate the homeowner should have the house resurveyed. Stoltz asked if the City agrees with Mr. Lintner assessments regarding the lot line and Herron agrees that there is a possibility that Mr. Lintner could be correct. Stoelting pointed out that if the homeowner were to get the house and lot resurveyed this could possibly delineate the variance. Mr.Lintner stated that he does not wish to spend the money to get the house resurveyed. Nelson stated that this is an oddly shaped yard and the encroachment is not that great and she feels that tearing down the Blaze Maple tree would be hardship enough. Seymour asked if there would be screening on the deck or lattice work. Mr. Lintner stated that it would be lattice work. Koenig asked Mr.Lintner how far the deck would be from the Blaze Maple tree. Mr.Lintner stated that if would be 3 feet from the steps. Koenig asked if Mr. Lintner discussed this project with his neighbors and how they felt about it. Mr. Lintner stated that he has spoken with his neighbors and they are in favor of the project. MOTION by Nelson, seconded by Stoltz,to close the public hearing. Motion carried 5-0. MOTION by Nelson, seconded by Seymour,to approve the variance to permit a 7 foot side yard setback in the R1-13.5 Zoning District, based on plans stamped dated December 20, 2005, and the staff report dated January 20, 2006,with the Planning Commission Minutes January 23, 2006 Page 4 hardship being the unusual shape of the land and the location of the tree. Motion carried 5-0. B. HORIZON PLACE by Commercial Horizons. Request for: Comprehensive Guide Plan Change from Medium Density Residential to Regional Commercial on 1.74 acres;Planned Unit Development Concept Review on 7.52 acres; Planned Unit Development District Review on 5.87 acres;Zoning District Change from Rural to Commercial Regional Service on 1.74 acres; Site Plan Review on 5.87 acres; Preliminary Plat of 7.52 acres into 1 lot and road right-of-way. Pat VanAbel,of Commercial Horizons, a retail and office developer from Appleton and Green Bay, Wisconsin,presented the proposal. He started out by stating that Horizon Place is a redevelopment of the Birdies Sports Park. Mr. VanAbel stated that their company has owned this piece of land since 1990. Because of the retail development in the area,they felt it best to turn this parcel of land into commercial use. He stated that they will be using the same architects as the Fountain Place Development. He pointed out that they would like to put an Office Max,which would be an 18,000 sq. foot building, into the Retail A lot and a small shops retail building, an 11,000 sq. foot building, into Retail B lot. Stoelting asked Herron to review the staff report. Herron stated that there are two outstanding issues that Staff would like to highlight. The first issue would be the east elevation to the Office Max building. The City would like to see the architecture improved along the side of the building. Also they would like the landscape requirement met. There is an additional 40 caliper inches that need to be met and the City would like to see that on the south side to act as a buffer to the neighboring residential apartment. The Staff does recommend a continuance of this project to the February 27, 2006 Planning Commission meeting. Stoelting asked the project proponent to address the issues that Herron brought forward from the staff report. Kim Larsen, of RSP Architects, addressed the issues. She stated that RSP Architects were the designers for Fountain Place and that the current design of the building is taken from the Fountain Place buildings. She stated that what she understood was that the staff report was addressing the Office Max building. Stoelting asked her to illustrate this building using the overhead projector. Ms.Larsen pointed out that the east elevation along Hwy 212 is the one in question. She also illustrated that Office Max was designed to mimic the architecture design of the Michaels building. Ms.Larsen said that she did speak with Michael Franzen in regards to the elevation issues. She asked him to look at the whole elevation of this architectural unit and not just one side. She stated that the east elevation does not have a lot of architectural decoration but there is more articulation on the front of the building;with the majority of the articulation being at the entry way. She used the overhead projector to illustrate the architectural design of the building. Planning Commission Minutes January 23, 2006 Page 5 Stoelting asked Herron what the City Staff would like to see. Herron stated that in looking back at the Fountain Place Design,particularly at the east elevation of the Michaels building, it appears rather plain. Because it is visible to the public that is why the City would like to see more articulation on the east side of the Office Max building. Herron pointed out that there were two options that were addressed in the Staff report. Option 1 would be to add cornice to the left side of the building to match the right side and to also repeat some change in material and also repeat the band. Option 2 would be to repeat the entry element on the right side of the building. Herron used the overhead projector to illustrate these options. Stoelting asked the project proponent to address the options that Staff had presented this evening. Ms.Larson stated that in repeating the element in Option 1 it would basically make it the same. She stated that they are trying to create a rhythm and felt that passerbys would also see the highly articulated front side. She stated that as far as adding repeat change in material, it might be too much for that side of the building. She said that they are focusing on elevations and having a resting place for the eyes in regards to traffic traveling by the store. Ryan Edstrom, of Westwood Professional Services, stated that they are working with the CityStaff to come u with the caliper inches that are needed for the trees. p p Stoelting asked the project proponent to address the issue of signage on the buildings because the staff report has requested some movement of the signs. Ms. Larson stated that they do not have a problem with moving the signs. Stoelting asked the project proponent about the issue of meeting the one-half foot candle lighting requirement at the south side of the building. Ms. Larson stated that there is not a problem with complying with that issue. Stoelting opened the meeting up for public input. There was no input. Koenig asked Fox to address the landscaping issue. Fox stated that in regards to commercial shopping centers,they are in line for what the City is asking for. Herron stated that when the Fountain Place project was being constructed they had an excess number of trees on their lot and as part of the approval they were able to transfer some of the trees over to lot 1 and that is where some of the inches come from. They did get credit for some of the trees that were transferred over to the Birdies lot. There is a deficit because the trees on the Birdies lot are not considered significant. Stoeltz asked how great the deficit was. Herron said about 12-15 percent. Koenig asked in regards to transplanting the trees from Birdies, are they subject to the same bond issues that other trees are subject to if they do not survive the transplant. Fox stated that they do allow the transplanting of trees but they are also subject to the same bond issues as landscaping trees would be subject to. Planning Commission Minutes January 23, 2006 Page 6 Stoelting reiterated that the plan does still need an additional 40 caliper inches of trees. Ms.Larson agreed with that amount. Koenig pointed out that increasing the size of trees would also satisfy that caliper inch requirement. Herron stated that that would be an option and the City has also recommended using the south side of the building for landscaping. Mr. Edstrom said that Westwood Professional Services will continue to work with the City Staff to resolve the issue of the tree requirements. Nelson stated that she agrees with the City Staff in regard to the east side of the building and she would also like to see a bit more design on that side of the building. Koenig also agrees that there should be more design, as did Stoltz and Seymour. Ms. Larsen stated that their office did receive the Staff report earlier that day and they produced a fallback plan in regards to the recommendations. She illustrated these changes utilizing the overhead projector. The new design was not in color. Herron agreed that this was an improvement over the previous drawing that was submitted. Koenig stated that she would like to see a continuance in regards to this project. The Commission members agreed with this suggestion. Nelson stated that when they do resubmit the proposal she would like to see it in color. Stoelting asked the project proponent if they would be satisfied working with the City Staff in regards to the changes of this proposal. Ms.Larsen stated they would work with the Staff to meet all of the requirements. Franzen stated that normally the City would request a 30 day continuance, but in this case the City would make an exception to have it continued for only two weeks. MOTION by Nelson, seconded by Koenig,to continue request to the February 13,2006, meeting,and to revise the development plans according to the staff report and other requirements as identified by the Commission. Motion carried 5-0. C. LONE OAK CENTER BY Dove Capital LLC. Request for: Guide Plan Change from Regional Commercial to Community Commercial on 5.27 acres; Planned Unit Development Concept Review on 5.27 acres;Planned Unit Development District Review with waivers on 5.27 acres;Zoning District Change from Commercial Regional Service to Community Commercial on 5.27 acres; Site Plan Review on 5.27 acres;Preliminary Plat on 5.27 acres into 3 lots and road right-of-way. Planning Commission Minutes January 23, 2006 Page 7 Dean Devolas, of DJR Architecture, located at 333 Washington Ave N, Minneapolis,presented the proposal. He stated that the project is located on Mitchell Road and Hwy 5. He utilized the overhead projector to illustrate the project. He stated that the basic concept of the project was to put the two main buildings at the perimeter and pocket the parking in the center,wrapping the retail area around that. He also pointed out that additional parking would be located below the retail building. Mr. Devolas stated that the project consists of a pharmacy,which is 13,000 square feet, and a multi-tenant retail area of 12,000 square feet that would be located in the center of the project, a deck overlooking the wetlands, a restaurant spot that would be located on the south end of the building, and on the north side a bank with office area above it totaling 9,000 square feet. Mr. Devolas also illustrated where the entry and exit points would be to this area as well as the preliminary views of the architecture. He also said that there would be a monument sign and wrought iron fencing and a gate that would be located along the perimeter of the site. And lastly,there would be a sidewalk development. Mr. Devolas pointed out that the three materials that they would use for this project would be brick, a silver metal, and a few accents of stucco to give it variety and change of texture. Stoelting asked Kipp to review the staff report. Kipp stated that this site was originally the site of the old police department. He said the previously approval project for the site consisted of a hotel and restaurant but the project did not move forward. Kipp also pointed out that there are some PUD waivers with this project, but that these waivers are similar to the ones that were approved in 2000 for the previous project. He said that basically the waivers are associated with setbacks to obtaining some additional right of way along Lone Oak Road to include a sidewalk so that the City has control and ownership of the property, as well as platting the overall property into separate lots for marketing purposes. Kipp said that the property is 5 acres, which would be consistent with the community commercial zoning. He stated that Staff does recommend approval of the project based on recommendations of page 5 and 6 of the staff report. Stoelting asked if there were any issues regarding landscaping. Kipp stated that there is a recommendation in the report that the developer add additional tree replacement to meet the tree replacement requirement. Kipp stated that he did talk with the developer and they said they will be meeting this requirement. Nelson asked Staff if the silver metal that was to be used on this building has been used on other buildings in Eden Prairie, and if so,would it wear well. Kipp stated that there are some buildings in Eden Prairie that are using this type of metal. Dean Devolas said the metal would hold up very well. Stoelting opened the meeting up for public input. There was no input. Planning Commission Minutes January 23, 2006 Page 8 Stoelting asked Mr.Devolas to review the traffic flow in regards to the bank drive-thru and the pharmacy drive-thru. Mr. Devolas stated that from Mitchell Road, there would be a right turn in and a right turn out. He also said there would be an additional entry/exit point on Lone Oak Road. He then described the flow of traffic thru the site and drive-thru areas. Koenig asked Gray to go over the traffic study that had been completed on this project. Gray stated that in looking at the traffic around the Loan Oak Road and Technology Drive area he pointed out that there would be long term challenges in this area. He also said that these long term challenges would be there regardless if the project was approved or not. Gray said that to provide a reasonable level of service for exiting traffic from this project,the developers would be installing a signal at Lone Oak Road and Mitchell Road. Nelson asked Mr.Devolas how large the restaurant would be in this area. Mr. Devolas said it would be approximately 3,000 square feet. Nelson asked Kipp if there was adequate parking to accommodate a restaurant on this site. Kipp stated that the plan does meet the code for parking. Stoelting asked Mr.Devolas to illustrate where the sidewalks would be located and point out how a pedestrian could walk around safely with traffic flow. Mr. Devolas utilized the overhead projector to point out the sidewalk structure in regards to traffic and pedestrian safety. Stoelting asked if any of the Commission Members had any problems with the waivers associated with the project. The Commission Members agreed that there were no problems or concerns with the waivers. Koenig asked Fox if the City was comfortable with the wetland area being protected within this development. Fox stated that the tree loss is associated with the building pads and that there would be no tree loss down the slopes adjacent to the wetlands. He pointed out that the developer would be clearing up the buckhorn and the buffer area and that the mitigation replacement trees could go back in this area. MOTION by Nelson, seconded by Stoltz,to close the public hearing. Motion carried 5-0. MOTION by Nelson, seconded by Stoltz,to approve the Guide Plan Change from Regional Commercial to Community Commercial on 5.27 acres;Planned Unit Development Concept Review on 5.27 acres;Planned Unit Development District Review on 5.27 acres;Zoning District Change from Commercial Regional Service to Community Commercial on 5.27 acres; Site Plan Review on 5.27 acres;Preliminary Plat of 5.27 acres into 3 lots and road right-of-way,based on plans stamped dated January 17, 2006, and the staff report dated January 20, 2006. Motion carried 5-0. Planning Commission Minutes January 23, 2006 Page 9 VII 'MEMBERS REPORTS VIII. CONTINUING BUSINESS IX. NEW BUSINESS X. PLANNERS' REPORTS Kipp stated that there will be three items on the agenda for the February 13, 2006, meeting. The items will be the Horizon Place resubmittal; a new daycare called the Primerose School of Eden Prairie, and the addition of a clubhouse at Eden Place Apartments. XI. ADJOURNMENT MOTION by Stoltz, seconded by Koenig,to adjourn the meeting. Motion carried 5-0. There being no further business,the meeting adjourned at 8:50 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 02/21/06 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Lone Oak Center VII.B. Janet Jeremiah Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Regional Commercial to Community Commercial on 5.27 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.27 acres; and • Approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Commercial Regional Service to Community Commercial on 5.27 acres; and • Adopt the Resolution for Preliminary Plat of 5.27 acres into 3 lots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is 34,740 square feet of retail uses consisting of a pharmacy,retail shops and a bank on three lots. Background Information A Guide Plan change from Regional Commercial to Community Commercial is proposed.This request may have merit since the centrally located site is more appropriate serving a community wide area. Regional Commercial uses are more appropriate near the Major Center Area. The proposed waivers are similar in nature to the waivers that were granted for the underlying 2000 project for a hotel and restaurant. The platting of the property for marketing purposes creates the lot size, dimension and zero lot line setback waivers. Granting the waivers provides for additional road right-of-way for ownership of a sidewalk and provides for wider sidewalks in front of the buildings. City Council Agenda—Public Hearing Lone Oak Center February 21, 2006 Page 2 Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project to the City Council at its January 23, 2006 meeting. The plans have been revised according to the staff report and Planning Commission recommendation meeting the tree replacement/landscaping requirement and to complete the plans for rooftop mechanical equipment screening Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Staff Report dated January 20, 2006 5. Location Map 6. Land Use Map/Zoning Map 7. Planning Commission minutes dated January 23, 2006 LONE OAK CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA 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 of Lone Oak Center,by Dove Capital LLC is for a 34,740 square foot commercial development consisting of a drug store, retail shops, bank and office uses. 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: 5.27 acres from Regional Commercial to Community Commercial. ADOPTED by the City Council of the City of Eden Prairie this 2 1"day of February, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk LONE OAK CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LONE OAK CENTER FOR DOVE CAPITAL LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on January 23, 2006, on Lone Oak Center by Dove Capital LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on February 21, 2006. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Lone Oak Center, 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 February 9,2006. 3. That the PUD Concept meets the recommendations of the Planning Commission January 23, 2006. ADOPTED by the City Council of the City of Eden Prairie this 2 1"day of February, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: Lot 1-2,Block 1, Wingate Hotel Addition, Hennepin County,MN. LONE OAK CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- RESOLUTION APPROVING THE PRELIMINARY PLAT OF LONE OAK CENTER FOR DOVE CAPITAL LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Lone Oak Center for Dove Capital LLC stamp dated February 9, 2006, and consisting of 5.27 acres into 3 lots and road right of way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 2 1'day of February,2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp Senior Planner DATE: January 20, 2006 PROJECT: Lone Oak Center LOCATION: Northwest corner of Lone Oak Road and Mitchell Road APPLICANT Dove Capital,LLC OWNERS: City of Eden Prairie Eden Prairie Hotel Group,LLC REQUEST: 1. Comprehensive Guide Plan Change from Regional Commercial to Community Commercial on 5.27 acres 2. Planned Unit Development Concept Review on 5.27 acres 3. Planned Unit Development District Review with waivers on 5.27acres 4. Zoning District Change from Commercial Regional Service to Community Commercial on 5.27 acres 5. Site Plan Review on 5.27 acres 6. Preliminary Plat of 5.27 acres into 3 lots and road right-of-way Staff Report—Lone Oak Center January 20,2006 Page 2 BACKGROUND The Comprehensive Guide Plan shows the property as Regional Commercial. The property is zoned Commercial Regional Service. Surrounding land uses consist of Industrial to the south and west, and Public to the east. Highway 312 abuts the property to the north. The site was approved for a 106 unit hotel and 7,000 square foot restaurant in 2000,but never constructed. COMPREHENSIVE GUIDE PLAN CHANGE The project will require a Guide Plan change from Regional Commercial to Community Commercial. This land use may have merit since the centrally located site is more appropriate serving a community wide area. Regional Commercial uses are more appropriate near the Major Center Area. SITE PLAN AND PRELIMINARY PLAT The plan shows 34,740 square feet of retail uses consisting of a pharmacy,retail shops and a bank on three lots. The base area/floor area ratios for the development are .19/.38, .10, and .18 for lots 1, 2, and 3 respectively,meeting code. City code permits a base area ratio of.20 and floor area ratio of.40. Based on the size of all buildings a total of 205 parking spaces are required. The plan shows a total of 211 parking spaces, including proof-of-parking,meeting city code. Parking setback waivers will be required along Mitchell Road and Lone Oak Road, a zero foot setback for the proposed shared parking, and a 5 foot setback along a portion of the west lot line. All buildings meet the required setbacks except for a front yard setback along Lone Oak Road for the pharmacy building on lot 1,requiring a waiver. The preliminary plat shows three lots and dedicated right-of-way. The overall property is 5.27 acres. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are proposed through the Planned Unit Development. These waivers are similar in nature to the waivers granted for the underlying 2000 project approval. 1. Front yard setback to building and parking of 24 feet along Lone Oak Road. Code requires 35 feet. The developer is dedicating additional road right-of-way to allow city ownership of the proposed public sidewalk. 2. Front yard setback to parking of 10 feet along Mitchell Road. Code requires 17.5 feet. Keeping the site closer to Mitchell Road allows for a better wetland buffer and wider sidewalks along the front of the buildings for enhanced pedestrian use. Staff Report—Lone Oak Center January 20,2006 Page 3 3. Side yard setback to parking of 0 feet within the parking area. Code requires 10 feet. This is to accommodate shared parking for the development, and is common for retail projects. 4. Side yard setback to parking of 5 feet. Code requires 10 feet.This is adjacent to the City well house. There is green area between the well house and this site. 5. Lot sizes less than 5 acres and dimension less than 300 feet. The site meets the five acre minimum overall. The property is being platted into three separate lots for marketing purposes. TRAFFIC AND ROAD IMPROVEMENTS The traffic study(attached) for the Lone Oak Center development was completed by SRF Consulting Group. The results of the traffic study indicate that in order for the Mitchell Road/ Lone Oak Road intersection to operate at an acceptable level a traffic signal is needed at the intersection. The developer will be responsible for all costs associated with the traffic signal, including providing coordinated timing plans for the entire Mitchell Road corridor(Anderson Lakes Parkway to Martin Drive). In addition to the traffic signal,the developer is also responsible for all costs associated with providing a second outbound lane on Lone Oak Road and constructing the two right turn lanes on Mitchell Road. LANDSCAPING AND TREE REPLACMENT Based on the size of the buildings, a total of 150 caliper inches of landscaping is required. The tree inventory shows 1,247 diameter inches of significant trees on the property. Tree loss is 630 diameter inches. Tree replacement is 427 caliper inches of trees. Combining the landscaping and tree replacement requirements, a total of 577 caliper inches of plant material are required for the site. The plan provides 248 caliper inches of trees, including wetland buffer plantings. An additional 329 caliper inches of trees are required and can be achieved through a combination of increased caliper inch size, intensifying the wetland restoration plantings, adding additional trees along the north property line, and creating perennial planting beds all along the Mitchell Road frontage. DRAINAGE All storm water will be treated to NURP standards. Staff Report—Lone Oak Center January 20,2006 Page 4 UTILITES The buildings will be connected to city sewer and water lines from Lone Oak Road and Highway 312 right-of-way. WETLANDS The existing wetland is within a conservation easement established at the time of the previous project approval. The current wetland delineation shows an additional wetland area that will need to be included in the wetland conservation area requiring some adjustments to the easement area. ARCHITECTURE Architecture for the buildings is based on a consistent theme that provides a pedestrian emphasis and human scale. This includes wide decorative sidewalk areas across the front of the buildings together with design elements that promote front door architecture around all of the buildings. The buildings meet the exterior building material standards of at least 75%face brick and glass. The majority of the buildings show rooftop mechanical equipment screening using parapet walls and the curved roof features. The pharmacy building does not provide a screening plan and some of the mechanical equipment on the retail building is visible. The rooftop mechanical equipment screening plan will need to be revised to show all rooftop equipment and method of screening meeting code. SIGNS City code permits one 80 square foot free standing sign on one frontage and an additional 36 square foot free standing sign for each additional road frontage. Individual tenant signs are permitted not to exceed 15%of its wall area to a maximum of 300 square feet. The plan meets these standards. SITE LIGHTING Parking lot lighting is metal halide downcast-cutoff fixtures 23 feet in height. SIDEWALKS A five-foot wide concrete sidewalk is proposed along Mitchell Road and Lone Oak Road with sidewalk links leading into the development. Staff Report—Lone Oak Center January 20,2006 Page 5 SUMMARY The Planning Commission should discus the following questions. 1. Should the Guide Plan be changed from Regional Commercial to Community Commercial for this development? 2. Does the architecture contain appropriate detail in form, materials and provide the level of pedestrian scale to consider changing the Guide Plan and the granting of PUD waivers? The Guide Plan change may have merit since the centrally located site is more appropriate serving a community wide area. Regional Commercial uses are more appropriate near the Major Center Area. The proposed waivers are similar in nature to the waivers granted for the underlying 2000 project. The platting of the property for marketing purposes creates the lot size, dimension and zero lot line setback waivers. Granting the waivers provides for additional road right-of-way to allow for ownership of a sidewalk and for wider sidewalks in front of the buildings. STAFF RECOMMENDATIONS Recommend approval of the following request: • Comprehensive Guide Plan Change from Regional Commercial to Community Commercial on 5.27 acres. • Planned Unit Development Concept Review on 5.27 acres. • Planned Unit Development District Review with waivers on 5.27 acres. • Zoning District Change from Commercial Regional Service to Community Commercial on 5.27 acres. • Site Plan Review on 5.27 acres. • Preliminary Plat of 5.27 acres into 3 lots, and road right-of-way. This is based on plans dated January 17,2006, and the following conditions: 1. Prior to City Council Review,the proponent shall: A. Revise the landscaping/tree replacement plan to add 329 caliper inches of additional trees. This can be accomplished through a combination of increased caliper inch size, intensifying the wetland restoration plantings, adding additional trees along the north property line, and creating perennial planting beds all along the Mitchell Road frontage. B. Revise the rooftop mechanical equipment screening plan to show all rooftop equipment and method of screening meeting code. Staff Report—Lone Oak Center January 20,2006 Page 6 2. Prior to release of the final plat,the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control at the grading limits. 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the landscaping/tree replacement plan for 577 caliper inches. B. Pay the Cash Park Fee. C. Review the plans with the Fire Marshal D. Submit building materials and colors for review and approval. 5. The following waivers are granted through the PUD for the project: A. Front yard setback to building and parking of 24 feet along Lone Oak Road. Code requires 35 feet. B. Front yard setback to parking of 10 feet along Mitchell Road. Code requires 17.5 feet. C. Side yard setback to parking of 0 feet within the parking area. Code requires 10 feet. D. Side yard setback to parking of 5 feet. Code requires 10 feet. E. Lot sizes less than 5 acres and dimension less than 300 feet. Area Location Map - Lone Oak Center Address: Northwest Corner of Lone Oak and Mitchell Road j 3 t l r ! I - r HWY s SiTE.,� _ - - 1 Lone Oak Rd Technology Dr Mitchell Rd XT Guide Plan Map Lone Oak center Northwest corner of Lone Oak and Mitchell Road 1 s. HWY5 Technology Drive Lone Oak Road Mitchell Road Vlu li,;+ly! Ed� ap Low Density Residential 0-2.5 Units/Acre n Neighborhood Commercial w--- Principal Arterial Low Density/Public/Open Space Community Commercial ---A Minor Arterial f Medium Density residential 2.5-10 Units/Acre Regional Commercial —B Minor Arterial Q Medium Density Residential/Office M Park/Open Space Major cot lentor rXX Nigh Density Residential 10-40 Units/Acre PubliclOuasi-Public =�---Minor Cotlector Office Church/Cemetary Office/Industrial Open Water DATE Approved 03-MOS Office/PubiiclOpen Space L— Right-Of-Way DATE Re scdo"7 oa Industrial —Metropolitan Urban Service Line(MUSA) Y Creaks Zoning Map Lane Oak Center Northwest Corner of Lone oak and Mitchell Road / l ILI I s m4 r, \ > � � HWY 5 �, v %>/ r✓/yap 3 � � � � it �' �o r / z r -0 Technology Drive a Lone Oak Road y y s S �`�� sae / •a� - K\���ay00, l� �'3y> . ' F yiw2r/y 33✓Jx �)>: > r r �.. a sr Mitchell Road /.. AS City of Eden Prairie Zoning Map 77 Rural One Family-10 acre min. Highway Commercial Shoreland Management Classifications Ri-44 One Family.44,000 sf,min. Regional service Commercai Z) Natural Environment Waters Ri-22 One Family-22,000 sf min. Regional Commercial l� Recreational Development Waters © General Development Waters(Creeks Only) T'Ri-13.5 One Family-13,500 sf min. Industrial Park-`2 Ac€e Min, 100- Year Floodplain R1-9-5. One Family-9,500 sf min. \':" Industrial Park- 5 Acre Min. Highway#312 vilest of County Road 04 is proposed,not constnrcled at this Gme. (� RM-6.5 Multi-Family-6.7 U.P.A.max. General industrial-5 Acre Min. Up dated through Ordnance#09.2005 RM-2.5 Multi-Family-17.4 U.PA max. Public Ordnance 933.2001(BFI Addiian)approved,but not shown on this map edition Office water Date:June 24,2005 Neighborhood CommercialRight-ot-Way fao-�`�eaxc;«'swa°,...+..k,.�,e.°=.... f�'" Community Commercial Chanhassen City limits '.. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 23,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Larry Kacher, John Kirk,Vicki Koenig, Kathy Nelson,Peter Rocheford,Fred Seymour, Ray Stoelting,Jon Stoltz, William Sutherland STAFF MEMBERS: Stu Fox,Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Scott Kipp, Senior Planner Regina Herron,Planner 1 Julie Krull,Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kacher,Kirk, Rocheford, Sutherland. II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Seymour,to approve the agenda. Motion carried 5-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON DECEMBER 12,2005 A quorum was not met to approve the minutes. PLANNING COMMISSION MEETING HELD ON JANUARY 9,2006 A quorum was not met to approve the minutes. IV. PUBLIC MEETING V. INFORMATIONAL MEETING Planning Commission Minutes January 23, 2006 Page 2 VI. PUBLIC HEARINGS A. VARIANCE#2006-01 at 9995 Gristmill Ridge. Request to: Permit a 7 foot side yard setback for a deck addition. City Code requires a minimum 10 foot side yard setback in the R1-13.5 Zoning District. Michael Lintner, owner of the property at 9995 Gristmill Ridge, presented the proposal. He stated that in the last year he has spent a considerable amount of time with the builders and his neighbors to come up with the blueprint for the deck that he is submitting this evening. He pointed out that because of the triangular nature of his lot he is requesting a 3 foot variance to accommodate his deck. He utilized the overhead projector to illustrate the position of the deck and hot tub and the location of the stairs. He pointed out that some of the hardships would be per his doctor's orders he needs a hot tub to accommodate his back pain. The second hardship would be the triangular shape of his lot. The third reason would be that approximately 20 percent of his lot is allocated to easement versus 10 percent for every other lot in his subdivision. This easement is due to the sewer, drainage and utility easement on the rear of the lot. Mr. Lintner pointed out that water drainage from the neighbor's house into his backyard and basement created another hardship. An additional hardship is the 21 foot Blaze Maple tree that would have to be destroyed if the deck was moved to accommodate the current easement. Stoelting asked Herron to review the staff report. Herron stated that the Commission should address the three alternatives to this request that are listed in the staff report. The alternatives would be to change the shape of the deck to meet setbacks;reduce the size of the deck to meet setbacks; or relocate the deck to meet setbacks. Herron also pointed out the requested Commission actions. They are as follows: Approve Variance Request 2006-01 as submitted finding: the variance will not significantly alter the character of the neighborhood,only 6 percent of the deck encroaches into the setback,the deck is 24.72 feet from the neighboring house to the east. The next action would be to Approve Variance Request 2006-01 with modifications. And the last action would be to Deny Variance Request 2006-01 because alternatives exist to design the expansion and meet City Code requirements. Stoelting asked Herron if there were any concerns with encroachment. Herron stated that the deck does not encroach into the easements. Stoelting asked if the sewer system encroached into the easement. Gray stated that it did not. Stoelting opened the meeting up for public input. There was no input. Nelson asked if it is allowed to take drainage away from one house to another. Gray stated that the City would have to look into this particular situation but currently they have had no complaints in regards to this issue. Gray stated that Planning Commission Minutes January 23, 2006 Page 3 there is a possibility that the workmanship in the building of the house had caused a nuisance. Koenig stated that Mr.Lintner should have approached the City in regards to this issue. Mr.Lintner stated that he is working with the builder to change the flow of drainage. Stoelting asked Mr. Lintner to address the three alternatives that were in the staff report and also the steps leading up to the hot tub. Mr.Lintner stated that he had to have steps to go from the deck to the hot tub. Stoelting asked Mr. Lintner if he needed to steps that were located to the right of the hot tub. Mr. Lintner stated that the steps were needed in order to go from the deck to the hot tub. Stoelting asked where the 7 foot yard setback would be located. Utilizing the overhead projector, Mr. Lintner illustrated where the setback would be located. He also pointed out that he did not feel that the lot lines lined up to specification. He felt that his house was 2 feet further to the west than what the survey states. Stoltz asked if the City agrees with that information. Herron stated that the Certificate of Survey that was used was from the Building Department but another option would be to have the house resurveyed. Fox stated that Certificate of Surveys are fairly accurate and to prove that it is accurate the homeowner should have the house resurveyed. Stoltz asked if the City agrees with Mr. Lintner assessments regarding the lot line and Herron agrees that there is a possibility that Mr. Lintner could be correct. Stoelting pointed out that if the homeowner were to get the house and lot resurveyed this could possibly delineate the variance. Mr. Lintner stated that he does not wish to spend the money to get the house resurveyed. Nelson stated that this is an oddly shaped yard and the encroachment is not that great and she feels that tearing down the Blaze Maple tree would be hardship enough. Seymour asked if there would be screening on the deck or lattice work. Mr. Lintner stated that it would be lattice work. Koenig asked Mr.Lintner how far the deck would be from the Blaze Maple tree. Mr. Lintner stated that if would be 3 feet from the steps. Koenig asked if Mr. Lintner discussed this project with his neighbors and how the felt about it. Mr. P J g Y Lintner stated that he has spoken with his neighbors and they are in favor of the proj ect. MOTION by Nelson, seconded by Stoltz,to close the public hearing. Motion carried 5-0. MOTION by Nelson, seconded by Seymour,to approve the variance to permit a 7 foot side yard setback in the R1-13.5 Zoning District,based on plans stamped dated December 20, 2005, and the staff report dated January 20, 2006,with the Planning Commission Minutes January 23, 2006 Page 4 hardship being the unusual shape of the land and the location of the tree. Motion carried 5-0. B. HORIZON PLACE by Commercial Horizons. Request for: Comprehensive Guide Plan Change from Medium Density Residential to Regional Commercial on 1.74 acres;Planned Unit Development Concept Review on 7.52 acres;Planned Unit Development District Review on 5.87 acres; Zoning District Change from Rural to Commercial Regional Service on 1.74 acres; Site Plan Review on 5.87 acres; Preliminary Plat of 7.52 acres into 1 lot and road right-of-way. Pat VanAbel,of Commercial Horizons, a retail and office developer from Appleton and Green Bay, Wisconsin,presented the proposal. He started out by stating that Horizon Place is a redevelopment of the Birdies Sports Park. Mr. VanAbel stated that their company has owned this piece of land since 1990. Because of the retail development in the area,they felt it best to turn this parcel of land into commercial use. He stated that they will be using the same architects as the Fountain Place Development. He pointed out that they would like to put an Office Max,which would be an 18,000 sq. foot building, into the Retail A lot and a small shops retail building, an 11,000 sq. foot building, into Retail B lot. Stoelting asked Herron to review the staff report. Herron stated that there are two outstanding issues that Staff would like to highlight. The first issue would be the east elevation to the Office Max building. The City would like to see the architecture improved along the side of the building. Also they would like the landscape requirement met. There is an additional 40 caliper inches that need to be met and the City would like to see that on the south side to act as a buffer to the neighboring residential apartment. The Staff does recommend a continuance of this project to the February 27, 2006 Planning Commission meeting. Stoelting asked the project proponent to address the issues that Herron brought forward from the staff report. Kim Larsen, of RSP Architects, addressed the issues. She stated that RSP Architects were the designers for Fountain Place and that the current design of the building is taken from the Fountain Place buildings. She stated that what she understood was that the staff report was addressing the Office Max building. Stoelting asked her to illustrate this building using the overhead projector. Ms. Larsen pointed out that the east elevation along Hwy 212 is the one in question. She also illustrated that Office Max was designed to mimic the architecture design of the Michaels building. Ms.Larsen said that she did speak with Michael Franzen in regards to the elevation issues. She asked him to look at the whole elevation of this architectural unit and not just one side. She stated that the east elevation does not have a lot of architectural decoration but there is more articulation on the front of the building;with the majority of the articulation being at the entry way. She used the overhead projector to illustrate the architectural design of the building. Planning Commission Minutes January 23, 2006 Page 5 Stoelting asked Herron what the City Staff would like to see. Herron stated that in looking back at the Fountain Place Design, particularly at the east elevation of the Michaels building, it appears rather plain. Because it is visible to the public that is why the City would like to see more articulation on the east side of the Office Max building. Herron pointed out that there were two options that were addressed in the Staff report. Option 1 would be to add cornice to the left side of the building to match the right side and to also repeat some change in material and also repeat the band. Option 2 would be to repeat the entry element on the right side of the building. Herron used the overhead projector to illustrate these options. Stoelting asked the project proponent to address the options that Staff had presented this evening. Ms. Larson stated that in repeating the element in Option 1 it would basically make it the same. She stated that they are trying to create a rhythm and felt that passerbys would also see the highly articulated front side. She stated that as far as adding repeat change in material, it might be too much for that side of the building. She said that they are focusing on elevations and having a resting place for the eyes in regards to traffic traveling by the store. Ryan Edstrom, of Westwood Professional Services, stated that they are working with the City Staff to come up with the caliper inches that are needed for the trees. Stoelting asked the project proponent to address the issue of signage on the buildings because the staff report has requested some movement of the signs. Ms. Larson stated that they do not have a problem with moving the signs. Stoelting asked the project proponent about the issue of meeting the one-half foot candle lighting requirement at the south side of the building. Ms. Larson stated that there is not a problem with complying with that issue. Stoelting opened the meeting up for public input. There was no input. Koenig asked Fox to address the landscaping issue. Fox stated that in regards to commercial shopping centers,they are in line for what the City is asking for. Herron stated that when the Fountain Place project was being constructed they had an excess number of trees on their lot and as part of the approval they were able to transfer some of the trees over to lot 1 and that is where some of the inches come from. They did get credit for some of the trees that were transferred over to the Birdies lot. There is a deficit because the trees on the Birdies lot are not considered significant. Stoeltz asked how great the deficit was. Herron said about 12-15 percent. Koenig asked in regards to transplanting the trees from Birdies, are they subject to the same bond issues that other trees are subject to if they do not survive the transplant. Fox stated that they do allow the transplanting of trees but they are also subject to the same bond issues as landscaping trees would be subject to. f Planning Commission Minutes January 23, 2006 Page 6 Stoelting reiterated that the plan does still need an additional 40 caliper inches of trees. Ms.Larson agreed with that amount. Koenig pointed out that increasing the size of trees would also satisfy that caliper inch requirement. Herron stated that that would be an option and the City has also recommended using the south side of the building for landscaping. Mr.Edstrom said that Westwood Professional Services will continue to work with the City Staff to resolve the issue of the tree requirements. Nelson stated that she agrees with the City Staff inregard to the east side of the building and she would also like to see a bit more design on that side of the building. Koenig also agrees that there should be more design, as did Stoltz and Seymour. Ms.Larsen stated that their office did receive the Staff report earlier that day and they produced a fallback plan in regards to the recommendations. She illustrated these changes utilizing the overhead projector. The new design was not in color. over the previous drawing that was Herron agreed that this was an improvementov p g submitted. Koenig stated that she would like to see a continuance in regards to this project. The Commission members agreed with this suggestion. Nelson stated that when they do resubmit the proposal she would like to see it in color. Stoelting asked the project proponent if they would be satisfied working with the City Staff in regards to the changes of this proposal. Ms. Larsen stated they would work with the Staff to meet all of the requirements. Franzen stated that normally the City would request a 30 day continuance,but in this case the City would make an exception to have it continued for only two weeks. MOTION by Nelson, seconded by Koenig,to continue request to the February 13, 2006,meeting, and to revise the development plans according to the staff report and other requirements as identified by the Commission. Motion carried 5-0. C. LONE OAK CENTER BY Dove Capital LLC. Request for: Guide Plan Change from Regional Commercial to Community Commercial on 5.27 acres; Planned Unit Development Concept Review on 5.27 acres;Planned Unit Development District Review with waivers on 5.27 acres;Zoning District Change from Commercial Regional Service to Community Commercial on 5.27 acres; Site Plan Review on 5.27 acres; Preliminary Plat on 5.27 acres into 3 lots and road right-of-way. Planning Commission Minutes January 23, 2006 Page 7 Dean Devolas, of DJR Architecture, located at 333 Washington Ave N, Minneapolis, presented the proposal. He stated that the project is located on Mitchell Road and Hwy 5. He utilized the overhead projector to illustrate the project. He stated that the basic concept of the project was to put the two main buildings at the perimeter and pocket the parking in the center, wrapping the retail area around that. He also pointed out that additional parking would be located below the retail building. Mr. Devolas stated that the project consists of a pharmacy, which is 13,000 square feet, and a multi-tenant retail area of 12,000 square feet that would be located in the center of the project, a deck overlooking the wetlands, a restaurant spot that would be located on the south end of the building, and on the north side a bank with office area above it totaling 9,000 square feet. Mr. Devolas also illustrated where the entry and exit points would be to this area as well as the preliminary views of the architecture. He also said that there would be a monument sign and wrought iron fencing and a gate that would be located along the perimeter of the site. And lastly,there would be a sidewalk development. Mr.Devolas pointed out that the three materials that they would use for this project would be brick, a silver metal, and a few accents of stucco to give it variety and change of texture. Stoelting asked Kipp to review the staff report. Kipp stated that this site was originally the site of the old police department. He said the previously approval project for the site consisted of a hotel and restaurant but the project did not move forward. Kipp also pointed out that there are some PUD waivers with this project, but that these waivers are similar to the ones that were approved in 2000 for the previous project. He said that basically the waivers are associated with setbacks to obtaining some additional right of way along Lone Oak Road to include a sidewalk so that the City has control and ownership of the property,as well as platting the overall property into separate lots for marketing purposes. Kipp said that the property is 5 acres,which would be consistent with the community commercial zoning. He stated that Staff does recommend approval of the project based on recommendations of page 5 and 6 of the staff report. Stoelting asked if there were any issues regarding landscaping. Kipp stated that there is a recommendation in the report that the developer add additional tree replacement to meet the tree replacement requirement. Kipp stated that he did talk with the developer and they said they will be meeting this requirement. Nelson asked Staff if the silver metal that was to be used on this building has been used on other buildings in Eden Prairie, and if so, would it wear well. Kipp stated that there are some buildings in Eden Prairie that are using this type of metal. Dean Devolas said the metal would hold up very well. Stoelting opened the meeting up for public input. There was no input. Planning Commission Minutes January 23, 2006 Page 8 Stoelting asked Mr.Devolas to review the traffic flow in regards to the bank drive-thru and the pharmacy drive-thru. Mr.Devolas stated that from Mitchell Road,there would be a right turn in and a right turn out. He also said there would be an additional entry/exit point on Lone Oak Road. He then described the flow of traffic thru the site and drive-thru areas. Koenig asked Gray to go over the traffic study that had been completed on this project. Gray stated that in looking at the traffic around the Loan Oak Road and Technology Drive area he pointed out that there would be long term challenges in this area. He also said that these long term challenges would be there regardless if the project was approved or not. Gray said that to provide a reasonable level of service for exiting traffic from this project,the developers would be installing a signal at Lone Oak Road and Mitchell Road. Nelson asked Mr.Devolas how large the restaurant would be in this area. Mr. Devolas said it would be approximately 3,000 square feet. Nelson asked Kipp if there was adequate parking to accommodate a restaurant on this site. Kipp stated that the plan does meet the code for parking. Stoelting asked Mr. Devolas to illustrate where the sidewalks would be located and point out how a pedestrian could walk around safely with traffic flow. Mr. Devolas utilized the overhead projector to point out the sidewalk structure in regards to traffic and pedestrian safety. Stoelting asked if any of the Commission Members had any problems with the waivers associated with the project. The Commission Members agreed that there were no problems or concerns with the waivers. Koenig asked Fox if the City was comfortable with the wetland area being protected within this development. Fox stated that the tree loss is associated with the building pads and that there would be no tree loss down the slopes adjacent to the wetlands. He pointed out that the developer would be clearing up the buckhom and the buffer area and that the mitigation replacement trees could go back in this area. MOTION by Nelson, seconded by Stoltz,to close the public hearing. Motion carried 5-0. MOTION by Nelson, seconded by Stoltz,to approve the Guide Plan Change from Regional Commercial to Community Commercial on 5.27 acres;Planned Unit Development Concept Review on 5.27 acres;Planned Unit Development District Review on 5.27 acres; Zoning District Change from Commercial Regional Service to Community Commercial on 5.27 acres; Site Plan Review on 5.27 acres; Preliminary Plat of 5.27 acres into 3 lots and road right-of-way,based on plans stamped dated January 17,2006, and the staff report dated January 20, 2006. Motion carried 5-0. Planning Commission Minutes January 23, 2006 Page 9 VII. MEMBERS' REPORTS VIII. CONTINUING BUSINESS IX. NEW BUSINESS X. PLANNERS' REPORTS Kipp stated that there will be three items on the agenda for the February 13, 2006, meeting. The items will be the Horizon Place resubmittal; a new daycare called the Primerose School of Eden Prairie, and the addition of a clubhouse at Eden Place Apartments. XI. ADJOURNMENT MOTION by Stoltz, seconded by Koenig,to adjourn the meeting.•Motion carried 5-0. There being no further business,the meeting adjourned at 8:50 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings February 21,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Janet Jeremiah Heritage Preservation Site Alteration Permit VILC. John Gertz REQUESTED ACTION Move to: • Close the Public Hearing; and • Adopt the Findings and Approve Heritage Preservation Site Alteration Permit #2006-01- 0004 (Riley-Jacques Farm) SYNOPSIS The Heritage Preservation Commission has reviewed an application for a Site Alteration Permit for the Riley-Jacques Farm located at 9100 Riley Lake Road. The application is for placement of a new park entrance identification sign at the farm along Lake Riley Road. There is currently no sign at the entrance to the property. Findings The placement of the proposed sign for the Riley-Jacques Farm meets the General Standards for Historic Preservation Projects, is compatible with the approved program for the site, and based on criteria in City Code, Section 11.05, Subd. S.C. does not have an adverse effect on the buildings, site or environment. Heritage Preservation Commission Permit Recommendation The Heritage Preservation Commission reviewed the Site Alteration Permit application and color renditions of the new City park entrance signs at its regularly scheduled meeting on January 23, 2006. The Commission voted in favor(5-0) for placement of one six(6) feet tall by three (3) feet wide sign, which identifies the site as the Riley-Jacques Farm, Eden Prairie Heritage Site. The Commission further recommends that future plantings at this location be limited to native grasses and flowers. The HPC recommends that the City Council approve Heritage Preservation Site Alteration Permit No.2006-01-2004. BACKGROUND Current Condition There is presently no entrance sign located at the Riley-Jacques Farm. The addition of the sign will assist park users in locating the facility for programs, rental use, etc. Historic Site Requirements A Heritage Preservation Site Alteration Permit is required to make any change in, on, or to a designated Heritage Preservation Site. The Riley-Jacques Farm is a designated Heritage Preservation Site. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed the proposed sign and placement to ensure compliance with these standards. The City Council approves the Heritage Preservation Site Alteration Permit. ATTACHMENTS HPC's recommended name/site information Heritage Preservation Site Alteration Permit The following text is recommended by the HPC for the Riley-Jacques Farm sign: Rfley�Jacques Farm Eden Prairie Heritage Site 9100 Lake Riley Road Permit # 2006-01-0004 City of Eden Prairie Application for Heritage Preservation Site Alteration Permit I. Property Location Name: Riley-Jacques Farm Address: 9100 Riley Lake Road SHPO Site Number: HE-EPC-007 II. Applicant Name: City of Eden Prairie Address: 8080 Mitchell Road Eden Prairie, MN 55344 Phone: 952-949-8300 III. Property Owner Name: City of Eden Prairie Address: Same Phone: Same IV. Contractor/Architect Performing Work Name: City of Eden Prairie Address: Same Phone: Same V. Project Description: Installation of one park entrance identification sign at the Riley-Jacques Farm. The sign will not exceed six(6) feet in height and identify the site as the Riley-Jacques Farm,Eden Prairie Heritage Site. IV. Materials to be included with Application: (see attachment) ......................................................................................................................................... Permit Application received: 2/21/2006 Type of Work(Minor/Major): Minor Permit Fee amount: N/A This permit is permissive only and does not release the Permittee from any liability or obligation imposed by City Code, Minnesota Statute or Federal Law. C:\RDCab\PL\Temp\Attach 2-Riley-Jacques Farm Site Alteration Permit-2006.doc N/A CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens, Mayor By Its Scott H.Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 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 C:\RDCab\PL\Temp\Attach 2-Riley-Jacques Farm Site Alteration Permit-2006.doc CITY COUNCIL AGENDA DATE: SECTION: Public Hearings February 21, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Janet Jeremiah Heritage Preservation Site Alteration Permit VILD. John Gertz REQUESTED ACTION Move to: • Close the Public Hearing; and • Adopt the Findings and Approve Heritage Preservation Site Alteration Permit#2006-02- 0005 (Fredrick-Miller Spring) SYNOPSIS The Heritage Preservation Commission has reviewed an application for a Site Alteration Permit for the Fredrick-Miller Spring located at 9995 Spring Road. The application is for replacement of one new park entrance identification sign at the spring site along Spring Road. The sign now located at the spring is going to be replaced with the newly designed City sign. Findings The placement of the proposed sign for Fredrick-Miller Spring meets the General Standards for Historic Preservation Projects, is compatible with the approved program for the site, and based on criteria in City Code, Section 11.05, Subd. S.C. does not have an adverse effect on the site or environment. Heritage Preservation Commission Permit Recommendation The Heritage Preservation Commission reviewed the Site Alteration Permit application and color renditions of the new City park entrance signs at its regularly scheduled meeting on January 23, 2006. The Commission voted in favor (5-0) for placement of one five (5) feet tall by three (3) feet wide sign, which identifies the site as Fredrick-Miller Spring, Eden Prairie Heritage Site. The Commission further recommends that future plantings at this location be limited to native grasses and flowers. The HPC recommends that the City Council approve Heritage Preservation Site Alteration Permit No. 2006-02-2005. BACKGROUND Current Condition The existing sign will be replaced to conform to the City's new sign design and logo, and will also reference the site as a City of Eden Prairie Heritage Site. Historic Site Requirements A Heritage Preservation Site Alteration Permit is required to make any change in, on, or to a designated Heritage Preservation Site. Fredrick-Miller Spring is a designated Heritage Preservation Site. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed the proposed sign and placement to ensure compliance with these standards. The City Council approves the Heritage Preservation Site Alteration Permit. ATTACHMENTS 1. HPC's recommended name/site information 2. Heritage Preservation Site Alteration Permit The following text is recommended by the HPC for the Fredrick-Miller Spring sign: Fredrick�Mffler S 0 pring Eden Prairie Heritage Site 9995 Spring Road Permit # 2006-02-0005 City of Eden Prairie Application for Heritage Preservation Site Alteration Permit L Property Location Name: Fredrick-Miller Spring Address: 9995 Spring Road SHPO Site Number: HE-EPC-088 II. Applicant Name: City of Eden Prairie Address: 8080 Mitchell Road Eden Prairie,MN 55344 Phone: 952-949-8300 III. Property Owner Name: City of Eden Prairie Address: Same Phone: Same IV. Contractor/Architect Performing Work Name: City of Eden Prairie Address: Same Phone: Same V. Project Description: Installation of one park entrance identification sign at Fredrick-Miller Spring.The sign will not exceed five(5) feet in height and identify the site as Fredrick-Miller Spring, Eden Prairie Heritage Site. IV. Materials to be included with Application: (see attachment) ........................................................................................................................................ Permit Application received: 2/21/2006 Type of Work(Minor/Major): Minor Permit Fee amount: N/A This permit is permissive only and does not release the Permittee from any liability or obligation imposed by City Code,Minnesota Statute or Federal Law. C:\RDCab\PL\Temp\Attach 2-Fredrick-Miller Spring Site Alteration Permit-2006.doc N/A CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens,Mayor By Its Scott H.Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 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 C:\RDCab\PL\Temp\Attach 2-Fredrick-Miller Spring Site Alteration Permit-2006.doc I CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 21, 2006 DEPARTMENU/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development 2006 CDBG Funding Recommendations VILE. Janet Jeremiah,Director Molly Koivumaki, Housing and Human Services Manager Requested Action Move to: • Close the public hearing; and • Adopt Resolution approving the use of 2006 CDBG funds as recommended by the Eden Prairie Human Services Committee. Synopsis For 2006, CDBG Funding is $267,766.00, a decrease from $296,889.00 in 2005, and the amount of money available for distribution to human services providers under the 15% guideline is $40,165.00. The Human Services Review Committee reviewed the 2006 CDBG proposals and recommended the following activities be funded. # Human Services Activity Funding County Level Priority 1 PROP(People Reaching Out to Other People) $13,000 High 2 GMDCA (Child Care Subsidy) $13,000 High 3 HOME (Household& Outside Maintenance for $6,000 High the Elderly) 4 HomeLine (Tenant's Advocacy Service) $5,000 High 5 Emer ncy Vehicle Repair $3,165 High Sub Total $40,165 Housing Activities Funding County Level Priority 6 Housing Rehabilitation Deferred Loan Program $45,469 High 7 Affordable Housing/Land Trust $150,000 High 8 Fair Housing Initiative $2,678 High 9 Program Administration $29,454 Grand Total $267,766 Background Information The discussion of how to distribute the 2006 CDBG funds through the Human Services Review Committee included a complete review of all"Request for Funding"applications and the I distribution percentage of funds in 2005. The Committee's goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. The committee recommended funding a new initiative to help people with emergency vehicle repairs. There is no program in place currently to assist residents with urgently needed vehicle repairs and the need is great. Beginning in 2006,the City will administer its own CDBG funds directly through HUD, instead of such administration being done by Hennepin County. The program administration activity will fund staff and equipment necessary to administer the CDBG funds. ■ HomeLine will receive a small increase in funding, from 1.28%in 2005,to 1.87%in 2006. Their requested amount was $5,000 in 2006, an increase from $3,800 in 2005. ■ PROP will receive their requested amount of$13,000,which is 4.85%. Their request is $500 less than their 2005 request,to allow for the funding of other social services programs. ■ GMDCA will receive $13,000,which is 4.85%. In 2005 they requested $15,000 and received$14,273 which was 4.81%of the CDBG distribution. ■ HOME will receive $6,000,which is 2.24%. In 2005 they requested$6,000 and received$5,000,which was 2.02% of the CDBG distribution. ■ New for 2006 is the Emergency Vehicle Repair initiative,which will receive 1.18%, or $3,165. Currently,there are no social service agencies funding emergency vehicle repair in Eden Prairie. PROP used to provide this assistance but was forced to cut back or eliminate funds for vehicle repair in order to focus on basic necessities such as food and shelter. On-going funding of this initiative will take place by using program income generated from the Housing Rehabilitation Loan Program. Attachments 2006 CDBG Summary of Proposals Action Plan Performance Measurement System Emergency Repair Grant Program Summary 2006 CDBG Summary of P sa Activity Agency 2006 Request 2006 Funding 2005 Actual Purpose Clients Recommended Funding Served 2005 Childcare Greater Mpls. $15,000.00 $13,000.00 $14,273.00 Subsidize childcare subsidy Daycare for EP working 11 Association families Household Senior Comm. $6,000.00 $6,000.00 $6,000.00 Provide outside 42 Chore&Main. Services maintenance households for elderly (HOME) and chore service to people 60 and older Tenant HomeLine $5,000.00 $5,000.00 $3,800.00 Provide tenant 85 Advocacy information and Services advocacy;tenant hotline to resolve tenant/landlord issues Emergency PROP $13,000.00 $ 13,000.00 $13,500.00 Emergency financial 34 Housing assistance for Assistance rent/mortgage payments Vehicle Repair City of Eden $3,165.00 $3,165.00 N/A Car repair,insurance, New Prairie license tabs for low- Program in income families 2006 Fair Housing Hennepin County $2,678.00 $2,678.00 N/A 1%of total CDBG N/A Initiative* goes for Fair Housing Initiative program Housing City of Eden $45,469.00 $45,469.00 $100,000.00 Low interest deferred 15 Rehabilitation Prairie loans to Deferred Loan eligible residents for Program home improvements. Affordable City of Eden $150,000.00 $150,000.00 $152,356.00 Focus on home 1 home Housing/Land Prairie ownership completed Trust for low and moderate income Eden Prairie residents Program City of Eden $29,454.00 $29,454.00 N/A In 2006,the City will N/A Administration* Prairie administer its own CDBG Funds. Staff time and equipment will be funded. TOTAL $269,766 $267,766.00 $289,929** *Activity handled by Hennepin County,prior to 2006 **Immigrant Skills Group was funded in 2005,for$6,960,bringing 2005 total funding to$296,889.00 2006 ACTION PLAN CITY OF EDEN PRAIRIE DUNS # 10488260 CDBG Program Specific Requirements CDBG Funds Available for the Program Year: The City of Eden Prairie is a Community Development Block Grant (CDBG) entitlement community. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban Development (HUD). The CDBG Program is the main vehicle used to meet the objectives of the Five-Year Consolidated Plan. The 2006 allocation is $267,766. It is anticipated that the Housing Rehabilitation Program and the CDBG Loan Program for Affordable Rental Units will generate program income during 2006. Any program income received will be used to cover expenses generated in an existing CDBG program or activity and not just expenses related to the activity generating the income, as authorized by the City Council. The City of Eden Prairie anticipates receiving $70,000.00 in program income in 2006. The City of Eden Prairie anticipates that there will be $337,766 available in total funds for the 2006 fiscal year. This funding is broken down as follows: 2006 CDBG Allocation $267,766.00 Program Income from repayment of deferred loans $70,000.00 Total $337,766.00 Activities Planned with CDBG Funds: The following is a listing of CDBG activities recommended for funding by the Eden Prairie Human Services Review Committee and approved by the Eden Prairie City Council for the 2006 program year. Details on the proposed activities follow in order of the specific objective/ strategy number identified in the Consolidated Plan. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation ($267,766), plus 15 percent of the previous year's program income ($93,042.00). Funding for public services totals $40,165. 5 year 2006,.: Strategy Program BWget�d I13# Project ActivityIncome Allocation 2.0 Rehab of Private Property Housing Rehabilitation Loan Program $70,000.00 $45,469.00 3.0 Aff Housing/Land Trust West Hennepin Affordable Housing $0 $150,000.00 Land Trust 6.0 Family Services PROP $0 $13,000.00 6.0 Family Services GMDCA $0 $13.000.00 6.0 Family Services HOME Line $0 $5,000.00 6.0 Family Services Vehicle Repair $0 $3,165.00 7.0 Senior Services H.O.M.E.Program $0 $6,000.00 11.0 Fair Housing Fair Housing Initiative—Consortium $0 $2,678.00 Program Administration Administration $0 $29,454.00 Total $70.000 $267,766.00 1 Activities to be Undertaken The activities to be undertaken during the 2006 fiscal year address the priority needs and local objectives as set forth in the Consolidated Plan. The activities that are part of the 2006 Action Plan are to be completed within 12 months from the time funds are allocated to the City of Eden Prairie. Strategy 2.0 Existing Homeowners Single Family Housing Rehabilitation Program: During the 2006 grant year, we expect to rehabilitate 15 owner-occupied homes through our Housing Rehabilitation Loan Program. The program provides up to $30,000.00 for eligible repairs through a deferred loan, payable after 30 years, or when the property is sold. Interest on the loan, 5%annually, accrues for only the first ten years of the loan. The City will initiate a Small Repair Grant fund to be administered through our Housing Rehabilitation Loan Program. The Small Repair Grant fund will access funds through the Housing Rehab Loan Program to be used for small and emergency repairs for qualifying homeowners. The program allows a maximum of$5,000.00 per home in grant funds to be used for emergency and small repairs. Strategy 3.0 Affordable Housing/Land Trust Eden Prairie Affordable Housing: Eden Prairie seeks ways to make homeownership a reality for families of low/moderate income by working with the West Hennepin Affordable Housing Land Trust (WHAHLT). The land trust retains ownership of the property, but sells the home to an income eligible family. Subsequent sales of the home must be to income eligible buyers, and the property must remain affordable for 99 years. Eden Prairie completed its first WHAHLT project in 2005, and there are eight more land trust properties slated for construction within the next two years. Strategy 6.0 Family Services/Facilities PROP: The City has been allocating CDBG assistance to People Reaching Out to People (PROP) for emergency housing assistance activities since 2003. PROP has provided considerable assistance to low- income households in Eden Prairie since 1974. PROP serves nearly 400 families per year with food, shelter and medical assistance. GMDCA: The allocation of CDBG funds for childcare assistance to the Greater Minneapolis Day Care Association (GMDCA) has been on-going for many years. The CDBG allocation will be used by GMDCA to provide childcare assistance through scholarships that subsidize co-pays. Families are assisted while they wait for long-term assistance on the State Sliding Fee waiting list. It is estimated that six to eight Eden Prairie families will be served. HOME Line: HOME Line provides renters with the tools necessary to keep their homes safe and affordable. HOME Line's services are available to all renters free of charge. Their programs are aimed at low income renters, high school students who are about to enter the rental market, and recent immigrants. Emergency Vehicle Repair: The City will use CDBG funds to make grants for emergency vehicle repairs. This program will operate on a first come first served basis, the City will select the vendors through the proper procurement process and will negotiate fees and the types of repairs that may be 2 done. The City recognizes that for many low income people having a car in need of repair can be a critical point that can lead to greater issues such as job loss, family instability and homelessness. Strategy 7.0 Senior Services HO-ME. Household and Outside Maintenance for Elderly: This service helps maintain independence for elders and avoid premature nursing home placement by providing homemaker, maintenance and chore services. They expect to serve approximately 50 residents in 2006. Strategy 11.0 Affirmatively Furthering Fair Housing The initiative provides funding to promote fair housing choice, testing enforcement, information and referral in suburban Hennepin County. Geographic Distribution All activities are community-wide programs available to all eligible residents of Eden Prairie. Other Activities Human Services Review Committee: This committee is comprised of City staff from a variety of departments, including Housing and Human Services, Zoning Enforcement, Police, Administration and Parks & Recreation. This group meets monthly to work on issues related to housing and human services. Each year, this committee reviews requests for funding from service providers and makes funding recommendations to the City Council. There are two sources of funding for human services,the City's general fund ($298,000 in 2006) and CDBG. The recommendations are based on review of written proposals, site visits and other methods to determine the quality of the service and the overall value to the community. Human Rights and Diversity Commission: The Human Rights and Diversity Commission acts in an advisory capacity to the City on matters of diversity, civil and human rights and the Americans with Disabilities Act. The Commission has been involved in such important social issues as identifying needs of the immigrant population and finding solutions to "bullying" in local schools. Rental Housing Inspection Program: the City has started an annual inspection of single family rental properties to determine Code compliance and health or safety violations that need correction. This program ensures that rental properties are well maintained and that no substandard rental units are licensed in the City. Apartment Property Managers Group: The City facilitates a group of rental property and apartment managers that meet quarterly to discuss issues, receive updates and training on topics related to fire and life safety, crime prevention, inspections, social services and so forth. These meetings are well attended and have fostered a spirit of cooperation among and between the property managers and the City services. FamiLink Resource Center: Through a partnership with the Eden Prairie School District, the City houses the FamiLink Resource Center, a resource and referral center for all residents and businesses. 3 FamiLink has been successful in launching many new initiatives, including an English Language Learner (ELL) class for employees of the Eden Prairie Center and stores within the center and a work readiness program which pairs people looking for work with volunteer mentors who help with resumes, job applications and mock interviews. Transportation Committee: Housing and Human Services staff coordinates a group of local services providers who meet monthly to address transportation issues within the City. This partnership has resulted in the"Shopping Bus"which provides weekly transportation to seniors and handicapped people living in apartments to selected shopping destinations. The group is currently working on a program to provide transportation to medical appointments for frail elderly and people who are unable to drive. Homelessness Emergency Housing Funds: PROP (People Reaching Out to Other People) receives CDBG funds to support their Housing Assistance Program, which helps families/individuals who are homeless or who are at risk of being homeless due to a short-term financial crisis. The goal of the program is to stabilize families and crate a healthy environment for children. In 2005, PROP spent $76,772.00 on its housing assistance program. Cornerstone: CDBG funds ($50,000) were used to rehabilitate an apartment building used by Cornerstone Advocacy Service to provide safe housing and prevent homelessness for families escaping violence and abuse. Resources Available to Address Community Development and Housing Needs Federal Resources • CDBG: The City of Eden Prairie uses CDBG funds to provide affordable rental and home ownership options. Using CDBG funding, the City has worked with developers to set aside affordable rental units in apartment complexes. The City is working with the West Hennepin Affordable Housing Land Trust (WHAHLT) to construct eight new town homes, scattered throughout a new development currently under construction. Two town homes are expected to be completed in 2006, the remaining eight in 2007/08. In 2005 a WHAHLT single family home was constructed using CDBG funds to acquire the property. • Housing Rehabilitation: CDBG funds will be used to rehabilitate a residence owned by the A Better Chance Foundation (ABC) which houses high school girls from inter-city locations and gives them an opportunity to excel in their education. The ABC house has a capacity to house up to 15 students. The house, built in 1975 is in need of many structural upgrades to keep it operating. Other Resources State Of Minnesota Resources • Minnesota Housing Finance Agency (MHFA): This agency provides first time homebuyer programs, housing rehabilitation programs, and development and redevelopment financing through their Consolidated RFP process. Since 1999, 24 loans have been made through the 4 MCPP First-Time Homebuyer Program to Eden Prairie residents. (2005 loan information is not yet available.) Metropolitan Council • Metropolitan Council Family Affordable Housing Program (FAHP) The City of Eden Prairie agreed to allow the Metropolitan council to acquire, own, manage and operate up to 20 properties as public housing units in Eden Prairie. Currently there are 15 units in Eden Prairie units in Eden Prairie, located in various developments throughout the City and there are no more than two units in any one development. Local Resources • Tax Increment Financing (TIF): The City has TIF agreements with developers of rental housing complexes to provide affordable rental for low/moderate income residents. Over 200 affordable units are in apartment,town home and senior living complexes spread across Eden Prairie. 5 City of Eden Prairie Community Development Block Grant Performance Measurement System 2.0 Existing Homeowners Preserve Existing • $45,.469 of CDBG • Housing Rehabilitation • 15 rehabilitated homes • 15 households will receive housing Housing Stock • $70,000 of CDBG • Accessibility Improvements rehabilitation,accessibility improvements program income • Emergency Repairs and/or emergency repairs for the purpose (projected) of maintaining decent affordable housing • .5 staff member to administer housing rehabilitation program 3.0 Affordable Housing/ • Create new • $150,000 of CDBG • Provide funds for the acquisition of • 8 affordable homes • 8 families will be able to own their own Land Trust Homeownership • 1 staff member to property by WHAHLT to be sold to home,strengthening family and Opportunities administer land trust income eligible people community stability program 6.0 Family Services • Emergency Housing • $35,165 of CDBG • Provide emergency funds for rent, • 26 families kept from • 26 families will be able to stay in current • Child Care mortgage,to prevent homelessness homelessness or displacement housing,increasing family stability, • Tenant Counseling • Provide access to quality and • 8-10 children receive day care preventing families from going to • Vehicle Repair affordable child care assistance homeless shelters. • Provide tenant counseling services • 100 renter households get • 8-10 children will have access to • Provide emergency funds for selected advocacy and hotline services affordable childcare allowing parents to vehicle repairs • 3-5 families will receive work or seek employment emergency vehicle repair • 100 persons will receive tenant advocacy and hotline services,and high school students will receive counseling on being a good tenant. • 3-5 families will receive help getting their cars repaired,preventing them from missing work or losing their jobs due to transportation needs. 7.0 Senior Services • Help for seniors to • $5,000 of CDBG • Provide seniors with homemaker& • 50 residents will receive • 50 residents(42 Households)will receive stay independent. maintenance chore services. household services. maintenance,chore services and homemaking assistance to help keep them living independently. City of Eden Prairie Emergency Repair Grant Program Summary The City of Eden Prairie Emergency Repair Grant Fund is a pool of funds set aside within the Eden Prairie Community Development Block Grant(CDBG) funded Housing Rehabilitation Deferred Loan Program to be used for small and emergency repairs for qualifying seniors. The program allows for less than $5,000 per home in grant funds for emergency and small repairs to allow an eligible homeowner to complete eligible repairs without requiring a full scale rehab and signing a long-term repayment agreement. Applications may be submitted by nonprofit agencies on behalf of eligible homeowners or directly by homeowners to the Office of Housing and Human Services. Eligibility Requirements Eligible Grantee: Persons who own their own home and meet the income limits. Eligible Dwellings: Only owner-occupied homes in Eden Prairie are eligible. The following dwellings are allowed: single family detached, town-home, condo, and owner- occupied portion of a duplex. Mobile homes on permanent foundations located on land owned by the owner will be allowed if the home is taxed as real property. Mobile homes on land leased by the homeowner are not eligible. Income Limits: Applicants must have total household incomes of 80% or less of the area median income, adjusted by household size as determined by HUD. See attachment for current income limits. Maximum Grant Amount: The maximum grant amount is a one-time grant of less than $5,000 per home. If the cost of the repairs is $5,000 or more, the homeowner can either apply for an Eden Prairie Housing Rehabilitation Deferred Loan for the entire cost of eligible repairs or pay for any additional costs with other funds. Small Repair Grants cannot be combined with an Eden Prairie Housing Rehabilitation Deferred Loan. Eligible Repairs: Emergency repairs of less than $5,000 in situations where the immediate health or safety of the occupants of the home is threatened are eligible. Types of emergency repairs which are eligible include: water heaters, furnaces, doors and door locks, broken windows, roof repairs, water and sewer repairs, and urgent plumbing and electrical repairs. Other repairs may be eligible if they are necessary to correct immediate health or safety risks. Small non-emergency repairs of less $5,000 will be allowed if required to allow a homeowner to remain in their home or if circumstances exist where it is not reasonable to complete a full rehab. Examples of non-emergency repairs allowed are: stair repair, electrical and plumbing work, critical kitchen and bath repairs, and installation of grab bars, handrails, or other minor accessibility repairs. Other repairs may be allowed at the discretion of the Grant Administrator. Cosmetic or non-essential repairs are not allowed. If other health and safety hazards exist in the home, they must also be addressed in addition to the work requested by the homeowner. Application Process: Applications will be accepted on first come, first served basis until the fund is exhausted. Applications may be submitted to the Eden Prairie Housing Rehab Loan Dept directly from an eligible homeowner or through a nonprofit Grant p Y g g Administrator familiar with the program. Applications must contain relevant household information, information on the repair needed, income certification, and data necessary for HUD reporting. Nonprofits applying on behalf of a client should follow the following steps: 1. Submit a completed application to the Eden Prairie Housing Rehab Loan Office. The nonprofit will verify the repair needs, check the home for other apparent health and safety hazards, and provide information on the necessary repairs and estimated costs to the Eden Prairie Housing Rehab Loan Office. 2. The Eden Prairie Housing Rehab Loan Office will advise the nonprofit of the availability of funds and reserve funds for the necessary repairs based on an estimate provided by the nonprofit. 3. The nonprofit will submit a request for reimbursement to the Eden Prairie Housing Rehab Loan Office for the repair costs. Reimbursement will be made directly to the nonprofit. A `program delivery cost' fee may also be added to the repair costs for provision of rehab advisory services as needed and must be submitted with the reimbursement request. A maximum of 5% of the repair cost may be allowed for the program delivery cost. The program delivery cost will be included in the $5,000 grant cap. Please direct questions to Jeanne Karschnia at(952) 949-8486. 2005 Maximum Income Limits for Emergency Repair Grants Family Size Annual Income 1 $40,600 2 $46,400 3 $52,200 4 $58,000 5 $62,650 6 $67,300 7 $71,900 8 $76,550 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- RESOLUTION APPROVING USE OF FUNDS FOR 2006 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS,the City of Eden Prairie,as an entitlement community,participates in the Community Development Block Grant Program; and WHEREAS,the City of Eden Prairie has developed a proposal for the use of CDBG funds,and held a public hearing on February 21, 2006 to obtain the views of citizens on the proposed use of $267,766 for the 2006 Community Development Block Grant Program. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Block Grant program, and authorizes and directs the Mayor and the City Manager to execute Sub recipient and Third Party Agreements on behalf of the City. ACTIVITIES BUDGET PROP - Emergency Housing Assistance $ 13,000 GMDCA- Child Care Subsidy $ 13,000 HOME - Household& Outside Maintenance for Elderly $ 6,000 Homeline Tenant's Advocacy Service $ 5,000 Emergency Vehicle Repair $ 3,165 Housing Rehabilitation Deferred Loan Program $ 45,469 Affordable Housing/Land Trust $ 150,000 Fair Housing Initiative $ 2,678 Program Administration 29,454 Total $267,766 ADOPTED by the City Council of the City of Eden Prairie this 2 1"day of February, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 21, 2006 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims City Manager/Finance VIII. Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 148774- 149267 Wire Transfers 2405 -2415 Background Information Attachments City of Eden Prairie Council Check Summary Council Check Summary Page 2 2/21/2006 Division Amount Division Amount 515 Fire Station#4 1,745 General 27,700 516 ADC PROJECT 158,414 100 City Manager 258 517 212/Charlson Intersection 91,575 101 Legislative 1,182 519 Community Center Referendum 2,500 102 Legal Counsel 54,526 520 Parks Referendum 2,500 104 Contingency 6,413 521 Trails Referendum 11,653 110 City Clerk 1,387 601 Prairie Village Liquor 120,427 III Customer Service 11,422 602 Den Road Liquor 195,664 112 Human Resources 33 603 Prairie View Liquor 134,835 113 Communication Services 8,458 605 Den Road Building 3,274 114 Benefits&Training 3,982 701 Water Fund 84,322 115 Risk Management 86,470 702 Sewer Fund 440,497 116 Facilities 57,614 703 Storm Drainage Fund 32,857 117 City Center 81,465 803 Escrow Fund 12,617 130 Assessing 1,072 806 SAC Agency Fund 10,850 131 Finance 5,752 807 Benefits Fund 436,207 132 Social Services 13,660 133 Planning 23 Report Totals 3,703,797 134 Heritage Preservation 52 135 Information Technology 61,233 136 Wireless Communication 876 137 Economic Development 37 150 Park Administration 5,100 151 Park Maintenance 13,227 153 Organized Athletics 9,307 154 Community Center 10,034 156 Youth Programs 3,220 158 Adult Recreation 1,147 160 Therapeutic Recreation 314 162 Arts 35 163 Outdoor Center 1,283 180 Police 44,759 183 Emergency Preparedness 71 184 Fire 21,765 185 Animal Control 630 186 Inspections 20 200 Engineering 2,222 201 Street Maintenance 7,224 202 Street Lighting 59,737 203 Fleet Services 40,138 204 Equipment Revolving 49,408 300 Heritage Preservation Grants 550 301 CDBG 135 303 Cemetary Operation 7 308 E-911 1,481 316 WAFTA 40,364 421 2003A Park Bonds Refunding 386,203 423 2003C Open Space Bonds 131,845 503 Utility Improvement 597,191 506 Improvment Bonds 1996 8,716 509 CIP Fund 101,972 511 Construction Fund 2,144 City of Eden Prairie Council Check Register 2/21/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2405 10,635 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2406 14,748 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2407 76,662 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2408 28,783 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2409 144,074 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2410 19,054 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2411 26,274 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2412 135,420 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2413 594,056 US BANK TRUST NATIONAL ASSN Principal Utility Improvement Fund 2414 386,203 US BANK TRUST NATIONAL ASSN Principal 2003A G.O.Park Refunding 2415 131,845 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon 148774 27 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 148775 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maim.Supplies Den Road Liquor Store 148776 91 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 148777 9,381 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 148778 64 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 148779 15,364 DAY DISTRIBUTING Beer Prairie Village Liquor Store 148780 3,372 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 148781 27,466 TAYLOR DIST CO OF MN INC Beer Prairie View Liquor Store 148782 705 FLAHERTYS HAPPY TYME COMPANY Misc Non-Taxable Prairie Village Liquor Store 148783 165 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 148784 527 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 148785 166 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 148786 13,539 GRIGGS COOPER&CO Liquor Den Road Liquor Store 148787 1,130 HOHENSTEINS INC Beer Prairie Village Liquor Store 148789 34,821 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 148790 199 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store 148791 20,442 MARK VII Beer Den Road Liquor Store 148792 170 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 148793 457 MORAN USA,LLC Misc Taxable Den Road Liquor Store 148794 453 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 148795 3,440 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 148796 12,765 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 148797 1,531 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 148799 20,021 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store 148800 253 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 148801 23,561 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 148802 85 TRI COUNTY BEVERAGE&SUPPLY Operating Supplies Den Road Liquor Store 148803 1,537 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 148804 3,636 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 148805 145 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 148806 351 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 148807 579 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 148808 270 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 148809 6,413 BACON&ASSOCIATES INC Other Contracted Services Reserve 148810 5,625 CORNERSTONE Other Contracted Services Legal Council 148811 792 CRESCENDO LEARNING CENTER LLC Instructor Service Preschool Events 148812 95 DALHOFF,BILL Equipment Repair&Maint Senior Center Operations 148813 93 DAVANNI'S PIZZA Operating Supplies Teen Programs 148814 255 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 148815 277 DELI DOUBLE Special Event Fees Red Hat 148816 192 DELL Office Supplies General 148817 6,576 FEDERAL INSURANCE COMPANY Insurance Risk Management 148818 936 GE CAPITAL Other Rentals General 148819 107 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance 148820 5,000 GRANT STREET GROUP Bond Issue Costs Parks Referendum 148821 336 GREATAMERICA LEASING CORP. Other Rentals General 148822 49,152 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 148823 1,044 GYMBOREE PLAY&MUSIC Instructor Service Preschool Events 148824 165 HENNEPIN COUNTY TREASURER Operating Supplies Planning 148825 175 IAAO Dues&Subscriptions Assessing 148826 87 IND SCHOOL DIST 272 Transportation Preschool Events 148827 250 L&S HOSPITALITY AND DIRECTOR Advertising Den Road Liquor Store 148828 1,636 METRO SALES INCORPORATED* Other Rentals General 148829 447 MINNEAPOLIS AREA ASSOC OF REAL Dues&Subscriptions Assessing 148830 233 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance 148831 125 MRPA Conference Expense Parks Administration Check# Amount Vendor/Explanation Account Description Business Unit 148832 119 ONCE UPON A STAR Instructor Service Preschool Events 148833 6,500 PROP Other Contracted Services Housing,Trans,&Human Sery 148834 1,900 RICHFIELD,CITY OF Operating Supplies Fleet Services 148835 29 RICHFIELD,CITY OF Operating Supplies Fleet Services 148836 2,718 RICHFIELD,CITY OF Autos Park&Recreation 148837 6,406 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 148838 350 SOUNDS GREAT Special Event Fees Special Events&Trips 148839 828 SPORTS UNLIMITED Instructor Service After School Programs 148840 1,965 US POSTMASTER-HOPKINS Postage Water Accounting 148841 3,500 WATERSHED PARTNERS Other Contracted Services Storm Drainage 148842 71 XCEL ENERGY Electric Emergency Preparedness 148843 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 148844 620 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 148845 132 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 148846 972 ANCHOR PAPER COMPANY Office Supplies General 148847 250 BRINK,PATRICK Deposits Escrow 148848 210 CAMPOS,LORI Instructor Service Outdoor Center 148849 1,561 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 148850 6 D'AMICO AND SONS Operating Supplies Fire 148851 35 DEPT OF LABOR&INDUSTRY Licenses&Taxes Water Treatment Plant 148852 151 DMX MUSIC Other Contracted Services Prairie View Liquor Store 148853 120 EDEN PRAIRIE HIGH SCHOOL Clothing&Uniforms Therapeutic Rec Administration 148854 100 ELLINGSON,ARRON Refunds Environmental Education 148855 729 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 148858 2,476 GENUINE PARTS COMPANY Lubricants&Additives Fleet Services 148859 305 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 148860 400 METRO FIRE OFFICERS ASSN Dues&Subscriptions Fire 148861 992 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 148862 201 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 148863 304 PETTY CASH Conference Expense Parks Administration 148864 2,433 QWEST Telephone City Hall-CAM 148865 1,793 SPRINT Wireless Subscription Information Technology 148866 24 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 148867 47 UPS Postage Fire 148868 65,973 XCEL ENERGY Electric Sewer Liftstation 148869 2,059 ACTIVAR Repair&Maint.Supplies Water Treatment Plant 148870 60 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM 148871 28 AMERICAN MESSAGING Pager&Cell Phone Sewer Liftstation 148872 154 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Treatment Plant 148873 163 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 148874 945 BIFFS INC Waste Disposal Park Maintenance 148875 803 BREHM GROUP,THE Other Contracted Services City Council 148876 62 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Water System Maintenance 148877 1,204 CENTERPOINT ENEGY Other Contracted Services Well 15 148878 1,651 CLAREYS INC Protective Clothing Water Utility-General 148879 189 CONTRACT SOLUTIONS GROUP Conference Expense Engineering 148880 9,608 DRT TRANSPORT Other Contracted Services Lime Sludge 148881 14 DYNA SYSTEMS Repair&Maint.Supplies Water Meter Repair 148882 45 ECOLAB INC Contract Svcs-Pest Control Fire Station#3 148883 38,836 ENSR Other Contracted Services WAFTA 148884 856 FERRELLGAS Gas Riley Lake 148885 331 GOPHER STATE ONE-CALL INC Other Contracted Services Water Utility-General 148886 535 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 148887 1,757 HANSEN THORP PELLINEN OLSON Other Contracted Services Crestwood Park 148888 799 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 148889 2,929 HAWKINS INC Chemicals Water Treatment Plant 148890 200 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 148891 250 HENNEPIN COUNTY TREASURER Operating Supplies Planning 148892 50 HORAN,JOHN D Refunds Environmental Education 148893 100 HURST,MAURICE Refunds Environmental Education 148894 310 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Well#11 148895 507 ITRON INC. Other Contracted Services Water Meter Reading 148896 870 J H LARSON COMPANY Contract Svcs-General Bldg City Hall-CAM 148897 4,059 JOHNSON CONTROLS Building Repair&Maint. Water Treatment Plant 148898 50 KIMBER,ELIZABETH Refunds Environmental Education 148899 289 LMHRC Dues&Subscriptions City Council 148900 100 LOVELY,MATTHEW Refunds Environmental Education 148901 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 148902 945 MINNESOTA AWWA Conference Expense Engineering 148903 10 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Fire Station#2 148904 250 MINNESOTA RURAL WATER ASSOCIAT Conference Expense Engineering Check# Amount Vendor/Explanation Account Description Business Unit 148905 296 MINNESOTA VALLEY ELECTRIC COOP Electric Douglas More House 148906 30 MN SOCIETY OF ARBORICULTURE Dues&Subscriptions Tree Disease 148907 7,013 NILSSEN,BETH Instructor Service Ice Arena 148908 753 PARK NICOLLET CLINIC Other Contracted Services Risk Management 148909 3,049 PRAIRIE ELECTRIC COMPANY Repair&Maint.Supplies Sewer Liftstation 148910 359 PREMIER DEVELOPMENT OF THE TWI Deposits Escrow 148911 13,000 QUANTUM ART INC Software Maintenance Information Technology 148912 128 QWEST Telephone Prairie Village Liquor Store 148913 146 SHEGGEBY,MICHAEL Mileage&Parking Community Center Maintenance 148914 100 SOTEBEER,RICHARD R Refunds Environmental Education 148915 8,650 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit 148916 2,083 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 148917 6,984 SUMMIT ENVIROSOLUTIONS Other Contracted Services Water Treatment Plant 148918 90 THREE RIVERS PARK DISTRICT Special Event Fees Leisure Education 148919 224 TKDA Other Contracted Services Water System Maintenance 148920 45 TWIN CITY OXYGEN CO Chemicals Water System Maintenance 148921 25 UNIVERSITY OF MINNESOTA Conference Expense Housing,Trans,&Human Sery 148922 24 UPS Postage Water Utility-General 148923 852 VERTICAL PERFECTIONS TREECARE Other Contracted Services Tree Removal 148924 27 WACONIA FARM SUPPLY Operating Supplies Park Maintenance 148925 12,979 YALE MECHANICAL INC Contract Svcs-HVAC Park Shelters 148926 185 ZIEGLER INC Contract Svcs-Electrical Police City Center 148927 96 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 148928 95 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 148929 15 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 148930 4,932 BELLBOY CORPORATION Liquor Den Road Liquor Store 148931 6,066 DAY DISTRIBUTING Beer Prairie View Liquor Store 148932 3,068 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 148933 288 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 148934 1,894 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 148935 5,833 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 148936 31,610 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 148937 538 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 148938 3,893 MARK VII Beer Prairie View Liquor Store 148939 297 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 148940 810 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 148941 1,812 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 148942 252 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 148943 4,255 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 148944 14,642 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 148945 2,913 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 148946 18,281 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 148948 3,075 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 148949 12,914 THORPE DISTRIBUTING Beer Prairie View Liquor Store 148950 771 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 148951 3,003 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 148952 2,509 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 148953 579 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 148954 212 BEARPATH GOLF AND COUNTRY CLUB Miscellaneous City Clerk 148955 360 BOGREN,ANN Canine Supplies Police 148956 46,690 BOYER TRUCKS SO.ST.PAUL Autos Park&Recreation 148957 603 CENTERPOINT ENEGY Gas Crestwood Park 148958 3,868 CENTURYTEL Telephone Telephone 148959 186 DEM CON LANDFILL LLC Waste Disposal Street Maintenance 148960 850 EAGLE TRAINING LLC Tuition Reimbursement/School Police 148961 151 FINNEGAN,ELIZABETH Parking Permits Parking 148962 24 FOLDS,ANNE MARIE Program Fee Cummins House Special Events 148963 385 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 148964 55 HENNEPIN COUNTY TREASURER Operating Supplies Planning 148965 15 HOME LINE Tuition Reimbursement/School Police 148966 226 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 148967 40 LANDRAM,AUTUMN Memberships Community Center Admin 148968 198 LOVE AND LOGIC INSTITUTE,THE Tuition Reimbursement/School Police 148969 10,742 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 148970 100 MILLS,RICK Refunds Environmental Education 148971 1,492 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 148972 176 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 148973 1,874 MINNESOTA STATE TREASURER Building Surcharge General Fund 148974 25 MN/SCIA Tuition Reimbursement/School Police 148975 94 OFFICE DEPOT CREDIT PLAN Operating Supplies Concessions 148976 36 QWEST Telephone Sewer Liftstation Check# Amount Vendor/Explanation Account Description Business Unit 148977 185 REGION 18 Tuition Reimbursement/School Police 148978 41,259 RESTORATION SYSTEMS INC Building Repair&Maint. Capital Impr./Maint.Fund 148979 40 SECRETARY OF STATE Licenses&Taxes City Clerk 148980 68 SPANISH WINES IMPORTERS Wine Imported Den Road Liquor Store 148981 50 SPECIAL OPERATIONS TRAINING AS Tuition Reimbursement/School Police 148982 1,565 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 148983 25,315 STAHL CONSTRUCTION Building Capital Impr./Maint.Fund 148984 45 TIME WARNER CABLE Dues&Subscriptions City Council 148985 140 UNIVERSITY OF MINNESOTA Conference Expense Tree Disease 148986 418 US POSTMASTER-HOPKINS Postage Senior Center Administration 148987 3,355 VERTICAL PERFECTIONS TREECARE Other Contracted Services Tree Removal 148988 167 VOSS LIGHTING Supplies-Electrical Park Shelters 148989 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 148990 520 ABC FOUNDATION Miscellaneous City Clerk 148991 222 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 148992 5,949 BANK OF NEW YORK Deposits Escrow Fund 148993 173 CAMPOS,LORI Instructor Service Outdoor Center 148994 212 CHOICE INC Contract Svcs-HVAC Prairie Village Liquor Store 148995 50 CHRISTY,MAXINE Refunds Environmental Education 148996 300 CROW WING COUNTY SHERIFF'S DEP Deposits Escrow 148997 24 FERRELLGAS Lubricants&Additives Fleet Services 148998 100 GATSON,DIEGO Refunds Environmental Education 148999 100 HOWICK,TAMRA Refunds Environmental Education 149000 100 KARSCHNIA,JEANNE Other Contracted Services Rehab 149001 100 KNUTSON,CAROLYN Refunds Environmental Education 149002 325 LAW ENFORCEMENT OPPORTUNITIES Tuition Reimbursement/School Police 149003 289 MARQUETTE CAMERA REPAIR Video&Photo Supplies Communication Services 149004 1,288 MCNEILUS STEEL INC Repair&Maint.Supplies Fleet Services 149005 37 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance 149006 648 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance Information Technology 149007 450 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Prairie View Liquor Store 149008 100 NOSAL,MARC Refunds Environmental Education 149009 189 PETTY CASH-CARLA KRESS Operating Supplies Red Hat 149010 279 PETTY CASH-POLICE DEPT Postage Police 149011 50 PRINCE,ROBERT Refunds Environmental Education 149012 1,577 QWEST Telephone Sewer Liftstation 149013 395 SIGNATURE PUBLISHING COMPANY Advertising Prairie Village Liquor Store 149014 5,940 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 149015 691 TEKIELA,STAN Capital Under$2,000 Outdoor Center 149016 225 UNIVERSITY OF MINNESOTA Conference Expense Engineering 149017 25 WETLAND DELINEATORS ASSOCIATIO Dues&Subscriptions Storm Drainage 149018 50 WINE SPECTATOR Dues&Subscriptions Prairie Village Liquor Store 149019 500 WRIGHT.COUNTY SHERIFF'S DEPT. Deposits Escrow 149020 50 SPPD-CHAPLAIN PROGRAM Tuition Reimbursement/School Police 149021 65 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 149022 117 AMERICAN INTERTRADE Repair&Maint.Supplies Den Road Liquor Store 149023 164 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 149024 6,357 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 149025 3,346 DAY DISTRIBUTING Beer Prairie Village Liquor Store 149026 4,723 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 149027 160 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 149028 344 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 149029 643 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 149030 9,877 GRIGGS COOPER&CO Liquor Den Road Liquor Store 149031 698 HOHENSTEINS INC Beer Den Road Liquor Store 149032 29,008 JO14NSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 149033 5,583 MARK VII Mise Taxable Prairie Village Liquor Store 149034 394 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 149035 669 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 149036 6,581 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 149037 91 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 149038 14,083 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 149039 2,703 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 149041 11,659 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store 149042 586 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 149043 5,458 TAYLOR DIST CO OF MN INC Beer Prairie Village Liquor Store 149044 11,823 THORPE DISTRIBUTING Beer Den Road Liquor Store 149045 86 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 149046 2,572 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 149047 1,765 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 149048 772 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 149049 1,673 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 149050 146 ALBERT,LAUREN Parking Permits Parking 149051 3,556 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 149052 420 BLOOMINGTON,CITY OF Kennel Services Animal Control 149053 20 BOGREN,ANN Tuition Reimbursement/School Police 149054 28 BRUENING,CHARLOTTE Program Fee Red Hat 149055 234 CAREER TRACK Tuition Reimbursement/School Police 149056 170 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 149057 65 CULLIGAN BOTTLED WATER Operating Supplies Fire 149058 32 CULLIGAN-METRO Other Contracted Services Outdoor Center 149059 600 DOUGLAS CORPORATION False Alarm Fees General Fund 149060 38 EGGERT,JEFF Safety Supplies Fire 149061 55 ELISE,TOM AR Utility Water Enterprise Fund 149062 1,616 FOURTH JUDICIAL DISTRICT Printing Police 149063 98 GINA MARIAS INC Operating Supplies Fire 149064 38 HAMILTON,ANDY Safety Supplies Fire 149065 5,003 HENNEPIN COUNTY TREASURER Board of Prisoner Police 149066 170 HUYNH,NAM Parking Permits Parking 149067 100 IACP Dues&Subscriptions Police 149068 61 KELLY,SANDRA Clothing&Uniforms Police 149069 450 MAAO Dues&Subscriptions Assessing 149070 1,493 METRO SALES INCORPORATED* Other Rentals General 149071 1,048 MILLARD,CHRIS Tuition Reimbursement/School Organizational Services 149072 64 MILLARD,EMILY Tuition Reimbursement/School Police 149073 5 MILLER,CORY Program Fee Outdoor Center 149074 90 MINNESOTA BD OF PEACE OFFICER Licenses&Taxes Police 149075 195 MINNESOTA CHAPTER IAAI Conference Expense Fire 149076 4,065 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 149077 590 NATIONAL TACTICAL OFFICERS ASS Tuition Reimbursement/School Police 149078 1,751 NORTHERN SAFETY CO INC Safety Supplies Fire 149079 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 149080 39 QUICKSILVER EXPRESS COURIER Postage Fire 149081 1,082 QWEST Telephone Telephone 149082 150 QWEST COMMUNICATIONS Other Contracted Services Police 149083 200 SEATON,ROBYN Petty Cash&Change Funds General Fund 149084 40 SECRETARY OF STATE Licenses&Taxes Police 149085 506 SUPERIOR PRODUCTS MFG CO Operating Supplies Police 149086 45 TIME WARNER CABLE Dues&Subscriptions City Council 149087 300 TWIN CITY AREA LABOR MGMT COUN Dues&Subscriptions Engineering 149088 223 UNITED HEALTHCARE SERVICES INC Employee Assistance Organizational Services 149089 100 VIKING FOREST PRODUCTS False Alarm Fees General Fund 149090 174 XCEL ENERGY Contract Svcs-General Bldg Community Center Maintenance 149091 20 YAHOO! Other Contracted Services Police 149092 79 US POSTMASTER-HOPKINS Postage Senior Center Administration 149093 204 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire 149094 361 ABRASIVE TECHNOLOGIES INC Equipment Parts Fleet Services 149095 84 AIM ELECTRONICS Equipment Repair&Maint Information Technology 149096 122 ALEX AIR APPARATUS INC Repair&Maint.Supplies Fire 149097 47 ALTERNATIVE BUSINESS FURNITURE Capital Under$2000-Gen Bldg Furniture 149098 277 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 149099 183 ANCHOR PRINTING COMPANY Printing Police 149100 1,193 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 149101 618 AUDIOVISUAL INC Equipment Repair&Maint Telephone 149102 592 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 149103 135 BEAL,CARLY Other Contracted Services Adult Open Gym 149104 287 BECKER ARENA PRODUCTS INC Supplies-General Bldg Iee Arena Maintenance 149105 1,065 BEISSWENGER'S DO IT BEST HDWE Small Tools Fire 149106 2,630 BENSHOOF&ASSOCIATES INC Deposits Escrow 149107 1,097 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 149108 116 BLOOMINGTON RENTAL CENTER Equipment Repair&Maint Fleet Services 149109 1,332 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Community Center Maintenance 149110 1,864 BOUND TREE MEDICAL LLC Safety Supplies Fire 149111 31,591 BRENT ANDERSON CONSULTING Operating Supplies Water Meter Repair 149112 203 BRO-TEX INC Equipment Parts Fleet Services 149113 694 BROCK WHITE CO Small Tools Fleet Services 149114 222 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 149115 587 CAMPBELL KNUTSON,P.A. Legal WAFTA 149116 42 CARDIAC SCIENCE INC Equipment Repair&Maint Police 149117 104 CATCO PARTS SERVICE Equipment Repair&Maint Fleet Services 149118 1,137 CDW GOVERNMENT INC. Capital Under$2,000 Communication Services 149119 73 CONNEY SAFETY PRODUCTS Safety Supplies Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 149120 171 CONSOLIDATED CONTAINER CO LLC Other Contracted Services Police 149121 487 CONTINENTAL SAFETY EQUIPMENT Safety Supplies Sewer Utility-General 149122 1,750 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 149123 2,565 CORPORATE EXPRESS Office Supplies General 149124 2,443 CRESCENT ELECTRIC SUPPLY CO Miscellaneous Information Technology 149125 32 DELEGARD TOOL CO Equipment Parts Fleet Services 149126 144 DISPLAY SALES Supplies-General Bldg General Facilities 149127 52 DITCH WITCH OF MINNESOTA INC Equipment Parts Fleet Services 149129 77,465 DIVERSE BUILDING MAINTENANCE Janitor Service United Properties 149130 29,292 DMJ CORPORATION Improvement Contracts Storm Drainage Projects 149131 4,073 DNR Awards Volleyball 149132 57 DRIVERS LICENSE GUIDE CO Operating Supplies Police 149133 477 EARL F ANDERSEN INC Operating Supplies Traffic Signs 149134 808 ECOLAB INC Contract Svcs-Pest Control Fire Station#3 149135 31 EDEN PRAIRIE WINLECTRIC Small Tools Traffic Signals 149136 79 ELECTRONIC RECOVERY INC Waste Disposal Community Center Maintenance 149137 666 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 149138 4,720 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 149139 3 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 149140 1,370 FASCO SECURITY PRODUCTS Capital Under$2,000 Fire 149141 6 FASTENAL COMPANY Equipment Parts Fleet Services 149142 920 FERRELLGAS Gas Riley Lake 149143 192 FIRST QUALITY SUPPLY INC Operating Supplies Fleet Services 149144 3,637 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services 149145 89 FORCE AMERICA Equipment Parts Fleet Services 149146 59 G&K SERVICES Clothing&Uniforms Park Maintenance 149147 2,649 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 149148 362 GLEN PRAIRIE PRESS Printing Community Center Admin 149149 253 GRAINGER Supplies-General Bldg Community Center Maintenance 149150 122 GRAYBAR Supplies-Plumbing Fire Station#1 149151 72 GREENMAN TECHNOLOGIES OF MN IN Tires Fleet Services 149152 17,541 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#5 149153 109 GS DIRECT Operating Supplies Engineering 149154 1,100 GUNNAR ELECTRIC CO INC Small Tools Fleet Services 149155 21,739 HANSEN THORP PELLINEN OLSON Design&Engineering Fire Station#4 149156 473 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Services 149157 497 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 149158 596 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 149159 2,067 HENNEPIN TECHNICAL COLLEGE Employment Support Test Fire 149160 150 HENRY,PAUL Other Contracted Services Broomball 149161 108 HOLMES,DAVE Other Contracted Services Basketball 149162 344 HOLMES,TOM Other Contracted Services Basketball 149163 1,914 IMPERIAL DEVELOPERS Improvements to Land Capital Imps/Maint.Fund 149164 66 IND SCHOOL DIST 272 Operating Supplies Police 149165 276 INNOVATIVE GRAPHICS Operating Supplies Police 149166 1,255 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 149167 916 ITL PATCH COMPANY INC Clothing&Uniforms Police 149168 1,027 J&H BERGE INC Protective Clothing Water Treatment Plant 149169 1,044 J H LARSON COMPANY Supplies-Electrical Prairie Village Liquor Store 149170 1,598 J&D WINDOW CLEANING Contract Svcs-Electrical City Hall-CAM 149171 639 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 149175 12,661 KEEPERS Clothing&Uniforms Fire 149176 1,800 KLM ENGINEERING INC Other Contracted Services Water Treatment Plant 149177 728 KNUDTSON,STEVE Other Contracted Services Broomball 149178 2,383 KRISS PREMIUM PRODUCTS INC Machinery&Equipment Capital Imps/Maint.Fund 149179 446 KUSTOM SIGNALS INC Equipment Repair&Maint Police 149180 300 LAKE COUNTRY DOOR Contract Svcs-General Bldg Fire Station#2 149181 1,378 LAVAN FLOOR COVERING Building Repair&Maint. Water Utility-General 149182 80,082 LEAGUE MN CITIES INS TRUST Insurance WAFTA 149183 210 LEROY JOB TRUCKING INC Kennel Services Animal Control 149184 2,519 M R SIGN Signs Traffic Signs 149185 3,135 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 149186 252 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police 149187 1,450 MARTIN-MCALLISTER Employment Support Test Organizational Services 149188 38,674 MASYS CORPORATION Software Maintenance Information Technology 149189 25,400 McFARLAND CONSTRUCTION COMPANY Building Capital Impr./Maint.Fund 149190 549 MENARDS Repair&Maint.Supplies Water Treatment Plant 149191 242 METRO BRUSH&SUPPLY Equipment Parts Fleet Services 149192 4,168 METRO FIRE Repair&Maint.Supplies Fire 149193 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 149194 1,963 METROPOLITAN FORD Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 149195 4,000 MIDWEST DESIGN CO Other Contracted Services Communication Services 149196 21 MIDWEST ENGINE SERVICE&SUPPL Equipment Repair&Maint Park Maintenance 149197 52 MILLER DUNWIDDIE Other Contracted Services Heritage Preservation 149198 288 MINNESOTA CONWAY Operating Supplies Fire 149199 123 MINNESOTA TROPHIES&GIFTS Operating Supplies Reserves 149200 3,700 MMKR Audit&Financial Finance 149201 257 MOTION INDUSTRIES INC. Equipment Parts Fleet Services 149202 1,032 MTI DISTRIBUTING INC Equipment Parts Fleet Services 149203 111 NARTEC INC Operating Supplies Police 149204 8 NATIONAL WATERWORKS Repair&Maint.Supplies Water Treatment Plant 149205 1,200 NEUMANN,NEAL Other Contracted Services Broomball 149206 362 NHA HEATING&AIR CONDITIONING Contract Svcs-HVAC City Hall-CAM 149207 150 NORTH CENTRAL LABORATORIES Chemicals Water Treatment Plant 149208 10,468 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 149209 135 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire 149210 187 OLSEN COMPANIES Equipment Parts Storm Drainage 149211 2,160 ORION SAFETY PRODUCTS Operating Supplies Police 149212 260 OSI BATTERIES INC Office Supplies General 149213 158,370 PARK CONSTRUCTION Improvement Contracts ADC PROJECT 149214 699 PEPSI COLA COMPANY Merchandise for Resale Concessions 149215 466 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology 149216 84 PLASTICS INTERNATIONAL Repair&Maint.Supplies Park Maintenance 149217 474 POWERPLAN OIB Equipment Repair&Maint Fleet Services 149218 1,839 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 149219 933 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 149220 367 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 149221 875 RAY,LEE Other Contracted Services Basketball 149222 88 REAMER,MARK Other Contracted Services Basketball 149223 191 RECREONICS Chemicals Pool Maintenance 149224 68 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 149225 550 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 149226 6,211 ROCKS UNLIMITED Improvement Contracts Storm Drainage 149227 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 149228 61 SHRED-IT Waste Disposal City Center Operations 149229 331 SIGNSOURCE Supplies-General Building City Center Operations 149230 91,170 SM HENTGES&SONS INC Improvement Contracts 212/Charlson Rd.Intersectio 149231 414 SNAP-ON TOOLS Small Tools Fleet Services 149232 281 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 149233 1,091 SPS COMPANIES Supplies-Electrical City Hall-CAM 149234 63 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 149235 854 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 149236 420 STORMS,SARAH Other Contracted Services Volleyball 149237 190 STRATUM ONE FITNESS EQUIPMENT Equipment Repair&Maint Police 149239 19,015 STREICHERS Clothing&Uniforms Police 149240 154 SUBURBAN CHEVROLET Equipment Parts Fleet Services 149241 1,489 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 149242 365 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Public Works/Parks 149243 1,375 SUN NEWSPAPERS Employment Advertising Organizational Services 149244 850 SWANSON,JEFF Other Contracted Services Broomball 149245 175 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 149246 96 TAHER INC CATERING Training Supplies Organizational Services 149247 384 TECHWARE DISTRIBUTION INC Video&Photo Supplies Communication Services 149248 350 THYSSENKRUPP ELEVATOR CORP Contract Svcs-Elevator City Hall-CAM 149249 89 TILTON EQUIPMENT COMPANY Protective Clothing Park Maintenance 149250 30 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance 149251 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 149252 115 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 149253 1,409 UNIFORMS UNLIMITED Operating Supplies Police 149254 1,110 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Park Shelters 149255 1,279 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 149256 573 VERIZON DIRECTORIES CORP Advertising Community Center Admin 149257 314 VESSCO INC Chemicals Water Treatment Plant 149258 260 VOSS LIGHTING Supplies-Electrical Community Center Maintenance 149259 1,005 W P&R S MARS CO Small Tools Fleet Services 149260 7,220 WALL TRENDS INC Machinery&Equipment Capital Impr./Maint.Fund 149261 1,469 WATSON CO INC,THE Merchandise for Resale Concessions 149262 50 WEMYSS,SCOTT Safety Supplies Fire 149263 1,088 WILKUS ARCHITECTS INC Building Capital Impr./Maint.Fund 149264 257 WM MUELLER AND SONS INC Sand Snow&Ice Control 149265 248 WUOLLET BAKERY INC Awards City Manager 149266 10,030 YALE MECHANICAL INC Contract Svcs-HVAC Public Works/Parks Check# Amount Vendor/Explanation Account Description Business Unit 149267 336 ZAHN,GERALD Other Contracted Services Volleyball 3,703,797 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 21, 2006 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Scott Neal, City Manager Resolution affirming activity-friendly commitments IX.A. Requested Action Move to: Adopt resolution affirming activity-friendly commitments. Synopsis This resolution is the first step in the City's application to be designated a"Fit City"under Governor Pawlenty's Fit City Program. Mayor Tyra-Lukens will be prepared to explain the attributes of this initiative to the Council. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION AFFIRMING ACTIVITY-FRIENDLY COMMITMENTS WHEREAS,criteria for the Governor's Fit City application states a City must adopt a resolution affirming fit-friendly commitments by community leaders and elected officials; and WHEREAS,being active and staying active is an integral part of a healthier lifestyle. Every individual should strive to achieve 10,000 steps or thirty minutes of exercise per day. These steps and minutes can be obtained doing a variety of activities. These activities do not have to be at one time but rather split up throughout the day. Being active does not have to be a chore but rather can be a pleasure; and WHEREAS, healthy activities can include walking,biking or swimming; playing in the park or backyard with your family;working in the yard;taking the stairs instead of the elevator;playing on a sports league with your closest friends;and utilizing recreation facilities; and WHEREAS,the City of Eden Prairie affirms activity-friendly commitments such as: • Developing and maintaining a cohesive system of parks and trails, incorporating accessible neighborhood parks. • Supporting recreation programs that encourage active living. • Supporting recreation facilities, such as the Community Center, parks,ball fields and trails, so they are accessible and affordable to all. • Increasing community awareness about locations, services, and organizations dedicated to physical activity via the City of Eden Prairie website(www.edenprrairie.org)and through the Parks and Recreation Department. • Introducing active living issues, such as"Step up to Health Community"into public dialogue. NOW THEREFORE,BE IT RESOLVED,that the City of Eden Prairie is committed to providing an activity-friendly community to its residents. BE IT FURTHER RESOLVED,that the City Council hereby authorizes the application for the Governor's Fit City Program. ADOPTED by the City Council of the City of Eden Prairie,Minnesota on the 21St day of February, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 21, 2006 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Scott Neal, City Manager Resolution Appointing Youth Delegate to NLC Congressional Cities Conference IX.B. Requested Action Move to: Adopt resolution appointing youth delegate to the NLC Congressional Cities Conference in Washington,DC, in March 2006. Synopsis I propose the City Council recognize Mr.Neal Younghans as the City's official youth delegate to the National League of Cities 2005 Congressional Cities Conference in Washington,DC. Mr. Younghans is a student at Eden Prairie High School. He is also the son of Councilmember Butcher. The City's recognition of Mr.Younghans will provide him access to the NLC's conference youth program and also allow him to take part in other aspects of the conference that he would not be able to access but for the City's designation of him as its youth delegate. There is no cost to the City related to resolution. Mr. Younghans costs are financed by private sources. I recommend approval of this resolution. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPOINTING YOUTH REPRESENTATIVE TO THE NATIONAL LEAGUE OF CITIES WHEREAS,the City of Eden Prairie is a member city of the National League of Cities; and WHEREAS,Eden Prairie City Officials regularly participate in the annual conference of the National League of Cities;and WHEREAS,The National League of Cities offers a youth program at its annual conference; and WHEREAS,the City Council desires to designate an official youth delegate to the National League of Cities annual Congressional Cities Conference in Washington,DC, on March 11 — 14, 2006. BE IT RESOLVED,that the City Council designates Mr.Neal Younghans as its official youth delegate to represent the City of Eden Prairie,Minnesota, at the National League of Cities 2006 Congressional Cities Conference. ADOPTED by the Eden Prairie City Council this 21St day of February 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director February 21, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert,Director Third Rink Feasibility Study XIII.D.1. Parks and Recreation Requested Action Move to: • Accept the report of the Parks and Recreation Director regarding the feasibility of the third rink; and • Direct staff to forward this report and the Hockey Association requests to the Parks,Recreation and Natural Resources Commission for their consideration at their March 6 meeting, and • Direct staff to bring their recommendation regarding naming rights and selling advertising in the rink back to the Council at the March 8 meeting;and • Approve the request to match up to one million dollars toward the third rink provided it is raised by the date the bid is awarded. Synopsis The Hockey Association is requesting the City to match up to one million dollars toward a third rink, and is requesting the ability to make space available in the main rink to acknowledge contributions to the project,provide the Hockey Association revenue generated from advertising on the scoreboards,dasherboards, and general advertising signage, and for naming rights to the main, Olympic and third rink with a minimum donation set by the City. These philosophical questions should be discussed at the Parks,Recreation and Natural Resources Commission and the Commission should make a recommendation on each of these requests; however, it is critical to the Hockey Association's fund raising efforts to know if the Council will match up to one million dollars prior to the end of the hockey season, so the Association can contact their membership while they are still active this season. The addition of a third indoor rink to the Community Center will cost approximately $3 million. The City will be able to sell approximately $1 million of lease revenue bonds for this project leaving a balance of$2 million to complete the project. If the City Council provides the Hockey Association with the same opportunity to match contributions for improvements to athletic facilities that they have provided to the Baseball Association and the Soccer Club,the City would have to commit to contributing$1 million towards the project if the Hockey Association is able to raise$1 million. Third Rink Feasibility Study February 21, 2006 Page 2 The City anticipates awarding bids for the Community Center expansion project on February 6, 2007;therefore, assuming the City Council would be able to contribute a$1 million towards this project;that would be the day the Hockey Association would have to contribute their portion of the funding toward the project. Background A Third Rink Task Force report completed in April, 2000, indicated that a third indoor rink is needed in Eden Prairie from October 15 to March 15. City staff would recommend constructing an indoor rink that would be strictly a practice rink(a rink with very limited seating capacity for viewing games)that would be operated from October 15 to March 15. Staff would recommend constructing the rink with a concrete slab and with an indirect Freon refrigeration system. Staff would further recommend providing deduct alternates that would include omitting the mezzanine completion at this time, omitting the viewing windows, as well as add alternates of adding viewing windows to the existing rink one and a deduct alternate that would provide for a sand base rink, rather than a concrete floor. The Eden Prairie Hockey Association and the Eden Prairie Figure Skating Club are the only youth athletic associations that come close to paying their own way by renting the use of their athletic facilities(the ice rinks)at a market rate that provides enough additional revenue above operating cost to pay for a significant portion of the cost of the construction of the facility as well. Three Alternatives Mr. Erickson has provided the following cost estimates: 1. A covered outdoor rink with a two level heated support area located against the north-east side of the Community Center utilizing a pre-engineered metal roof system,which must be fire rated per IA code requirements would cost$2QUUO.This includes 10%contingency, a 3%inflation allowance for 2007 construction,architect and engineering fees, and an equipment allowance of$50,000 for scoreboard, sound system, etc. 2. Enclosed rink with pre-cast concrete bearing walls, long span joist with flat roof and complete HVAC comparable to rinks 1 and 2=estimated cost$2920 . 3. An enclosed rink with brick and concrete masonry bearing walls in lieu of the pre-cast panels of alternate 2 =estimated cost$3,1)0,,0,99. Feasibility of Outdoor Covered Rink City staff evaluated the feasibility of constructing an outdoor covered rink attached to the north side of the Community Center. The Hockey Association committed to paying 80%of the prime time rate for the outdoor ice that would cover the estimated operation costs,plus provide sufficient funds to pay off bonds for$935,000. The estimated cost of an outdoor cover rink is approximately Third Rink Feasibility Study February 21, 2006 Page 3 $2,500,000. Attached to this memorandum is a memorandum dated February 6, 2006 from Del Erickson outlining the cost of that project. The following are the facts staff considered when determining the feasibility of a covered outdoor rink attached to the Community Center: 1. We could expect to sell approximately 910 hours of ice time per year in a third rink. 2. The Hockey Association is willing to pay 80%of the prime time rate for an outdoor covered rink. 3. The estimated prime rate in 2008 would $170 per hour with an increase of$5 per hour each year for the next fifteen years(or twenty years). 4. At 80%the rate would be$136 per hour the first year for the outdoor rink, increasing to $196 per hour in the fifteenth year. 5. Estimated operating cost the first year of operation would be $57,250 with a 4%increase per year,the operating cost in the fifteenth year would be $99,130. 6. Using the net cash flow to pay off the bonds the City could be bond for$780,000 on a fifteen year bond or$935,000 on a twenty year bond. 7. The estimated cost of an outdoor covered rink will be approximately $2.5 million;therefore, if the City uses twenty year lease revenue bonds the balance needed to be paid off(up front) would be$1,565,000. 8. If the Hockey Association agreed to pay 50%of the cost of the balance($782,500)the question to the City Council will be whether or not the City Council would match that amount. One additional fact that should be considered is whether or not users would be satisfied with an outdoor covered rink, staff believe that it would make more sense to proceed with completion of the enclosed rink considering the benefits of the enclosed rink and the difference in cost. Feasibility of Enclosed Third Rink The following are the facts the City staff used to consider the feasibility of an enclosed third rink: 1. We could sell approximately 910 hours of ice time in a third rink. 2. The Hockey Association would pay the prime rate for those prime time hours. Third Rink Feasibility Study February 21,2006 Page 4 3. The estimated prime rate in 2008 would $170 per hour with an increase of$5 per hour each year for the next fifteen years or twenty years;therefore,the prime rate at year fifteen would be $245 per hour, at year twenty would be$270 per hour. 4. The estimated operating cost the first year of operation would be$72,000 with a 4% increase per year,the operating cost in the fifteenth year would be $124,681 and in the twentieth year would be $151,693. 5. Using the net cash flow to pay off the bonds,the City could bond for$930,000 on a fifteen year bond or$1.1 million on a twenty year bond. 6. The estimated cost of an outdoor covered rink will be approximately $3.1 million;therefore, if the City uses twenty year lease revenue bonds the balance needed to be paid off up front would be $2 million. 7. If the Hockey Association agreed to pay 50%of the cost of the balance($1 million)the question to the Council will be whether or not the City Council would match that amount. 8. Attached to this memorandum is a copy of a revised five CIP indicating how the City could designate funds towards projects including$1 million toward a third rink assuming the cost of the rink is about$3 million and revenue bonds would produce approximately$1 million, and the Hockey Association would donate approximately$1 million. At the February 21 meeting, City staff anticipate a presentation from the Eden Prairie Hockey Association request the City Council to commit to matching the amount of funds the Hockey Association is able to raise by January of 2007 for this project. Attachments February 6, 2006 Third Rink memo from Del Erickson February 13, 2006 Third Rink letter from Eden Prairie Hockey Association EPCC Concept Design t r DELANO ERICKSON ARCHITECTS 10700 HIGHWAY 55,SUITE 308 PLYMOUTH,MN 55441 (783)544-8370 MEMORANDUM i DATE: February 6,2006 i TO: Bob Lambert,Director Parks and Recreation,City of Eden Prairie FROM: Del Erickson i RE: Third Rink at Eden Prairie Community Center ! Commission No.0602 s The following cost estimate is for a covered outdoor rink with a two level heated support area located against the North East side of the community center.__.... .... .........._. i It is based on the schematic design attached herewith which has an NHL rink with glass dasher boards,team and time boxes in a covered,lighted.,fenced area of 20,315 square feet. There is 4,880 - square feet of heated enclosed first floor area containing four team rooms,referee/coach room,skater toilets,zamboni and refrigeration rooms. The second floor has 2,300 square feet of a multiuse viewing area with access from the community center and lower level by a common entrance/exit vestibule which would be built under the community center expansion project. The construction of the third rink facility utilizes a pre-engineered metal roof system which must be j fire rated per IA code requirements as part of the over all center. Columns,walls and floors are concrete,pre-cast and concrete masospry designed for future enclosure including foundation wails. • Finishes are minimal including painted cmu and pre-cast,skate tile flooring and fire rated ceiling at mezzanine. • Hollow metal doors and glass windows along the team room hallway and mezzanine provide excellent visibility of ice and public areas. • Mechanical includes HVAC rooftop units for heating of enclosed areas,flat roof drainage, plumbing and fire protection of enclosed spaces. • Electrical includes HID rink lighting and minimal power and lighting throughout with scoreboard and sound system(NIC). • Rink system is based on indirect package refrigeration with plastic piped reinforced concrete floor. Memorandum--Third Rink Mr.Robert Lambert February 6,2006 Page 2 _ Cost Estimate Breakdown DIV. 1. General Conditions $185,000 2. Site work 61,000 (only within 5' of exterior wall) 3. Concrete 202,000 (rink floor is in rink cost) 4. Masonry 192,000 5. Steel 386,000 (includes metal roofing system) 6. Carpentry 20,000 7. Weather protection 19,000 8. Doors and windows 77,000 9. Finishes 82,000 10. Specialties 15,500 13. Special construction 600,000 (rink system,floor and dasher package) 15. Mechanical 96,500 16. Electrical 98,000 Total $2,034,000 Contingency—10% 203000 Total Construction 2,237,000 Allowance for 2007 inflation 3% 68,000 Total construction cost estimate $2,305,000 A/E Fees and expenses 145,000 Equipment allowance 50,000 (scoreboard,sound,ice) Total budget estimate $2,500,000 Alternates 1. Omit mezzanine(design for future) (120,000) 2. Omit viewing windows first floor (31,000) 3. Add windows to existing rink I 20,000 4. Add radiant heat at team/time boxes 15,000 5. Add brick and cmu cavity wall to 12'height enclosure 185,000 I Add HVAC/DH system/elec./F.S.!enclosure 222,000 Memorandum-Thir d Rink Mr.Robert Lambert February b,2006 Page 3 _ Alternative Solutions to Consider I. All steel non-rated classified as IIB per code as a separate building from Eden Prairie Community Center by constructing a firewall between with all connections fire rated and - building fully fire sprinklered. Estimated cost reduction under outdoor covered rink $(50,000) Total budget cost estimate 2,450,000 II. Enclose rink with pre-cast concrete bearing walls,long span joists with flat roof,and complete HVAC comparable to rinks i and 2. Reduce overall building area 1,430 gross square feet.. Estimated cost increase over outdoor covered rink $420,000 Total budget cost estimate 2,920,000 III. Enclose rink with brick and concrete masonry bearing walls in lieu of pre-cast panels of alternate II. Estimated cost increase over outdoor covered rink $610,000 Total budget cost estimate 3,110;000 EDEN PRAIRIE HOCKEY ASSOCIATION 16700 Valley View Rd.Eden Prairie,Mn.55346 February 13, 2006 City of Eden Prairie Mayor Nancy Tyra-Lukens 8080 Mitchell Road - Eden Prairie,Minnesota 55344 Mayor Nancy Tyra-Lukens The Eden Prairie Hockey Association is requesting that the City of Eden Prairie approve our proposal outlined below at the February 21't City Council meeting. The approval of this proposal would allow the EPHA the opportunity to provide to our community the inch uctional/developmental needs consistent with a community this size. The EPHA is the largest association is the state of Minnesota and the only one in the top ten to only have two sheets of ice. The approval would allow us to expand our instructional/developmental offerings to match the needs of the city residents. We are now six(6)years past the Third Rink Task Force report that indicated that a third rink was needed in Eden Prairie from October 15*to March 15th annually. Our association is made up of 99.9%Eden Prairie residents. After meetings with Bob Lambert and many of the city council members,I believe the city supports the construction of a third sheet at the EPCC. The challenge is how this project will be financed and by whom. The following figures are not firm figures but are close estimates of the costs for the two options we discussed for the type of third sheet of ice being considered Option A would cost approximately$2,500,000 and would provide for a regulation rink with refrigerated ice surface,boards and glass along with some heated locker rooms,heated viewing area,and a roof Option B would cost approximately$3,100,000 and is similar to Option A,but would include walls and be an enclosed facility;the real solution to our cities' needs. Our discussions included the financing arrangements for both options. If the EPHA would guarantee to rent at least 1,000 hours per season at the market rates,we calculate this would support approximately$1,000,000. This leaves us$1,500,000 short of the$2,500,000 needed for Option A. The city,based on voters' surveys supporting this position, is included to help sponsor athletic programs in the form of matching dollars and we have seen this with other types of sports such as baseball, soccer and softball. We would like the same opportunities offered to the other sports associations. In order to finance Option A at a cost of$2,500,000,if we assume $1,000,000 can be financed with city bonds,then the EPHA would need to raise$750,000 along with the city matching $750,000 to build an Option A rink. If the EPHA were to achieve the goal of raising$1,000,000 and the city matched it,then Option B could be achieved. In the past 5 years,we have raised $225,000. We've found new people with energy to join our efforts and will commit to any time line to satisfy your expectations. The construction from the recently passed referendum to upgrade the EPCC is scheduled to start in the spring of 2007. We discussed that in soliciting construction bids,they should be broken down into two options which would be: Option A,third sheet/no walls,and Option B,third sheet with walls. We discussed that the EPHA would need to guarantee the amount it is contributing towards this project before the end of the 2006 calendar year. I think we would all agree that the option B plan would be preferable to the community and a positive addition to the already optimistic plans to the EPCC renovations. Here are the questions that we are posing to the City of Eden Prairie for approval on February 21°`2006. 1. Will the City agree to match all funds for the dollars the EPHA contributes towards the third sheet of ice at a minimum$750,000 level and above? 2. To assist in the fiundraising efforts,the EPHA would request that the City of Eden Prairie make available in the main rink,adequate space to acknowledge permanently, individuals or corporations that contribute dollars to this community improvement project. 3. Additional revenue could be achieved through advertising dollars. For a period of 20 years,could the EPHA have rights to advertising revenue generated by the sales of advertisements such as dasher boards,scoreboard and general advertising signage? Only rink 3? These funds would not be used for consideration of the two options presented. 4. Finally,will the City of Eden Prairie allow us to offer a large donor(corporate or private) the to the Olympic and third sheet of ice individually with a naming �, � minimum financial donation set by the city for each sheet? We are the only sports association paying for our field of play and if the council chooses either option,we are funding 67%of our total needs. In closing I would add that if you have any questions or concerns about the above items please do not hesitate to contact me at 612-940-3497. I can also be reached via email at parmitagena.mapei.com or mcba,aol.com. The EPHA members truly appreciate your time and efforts with this matter. We know that this project represents a positive addition to our community and your desire to work together with our members is a real indication of your commitment to the firture of our skating youth in the Eden Prairie community. Zck . President Eden Prairie Hockey Association Cc Fundraising Director—Bill Clark—bi118884@aolcom Ice Coordinator—Joel Mute-jklute@hockeyperformanceacademy.com EPHA Board of Directors EPHA association members DR71NK- ( oo - 7 =� ZA� 'M4 ++nnLy 0 0 WN t :' o ° .�s AFENA/c+1 U Fes.SN I WA . - WIN wMc a e o / wrc 2RAOOtEr weer / { RACOLUr ° mm umm �Aear rLiA LOBBY Y LANE 25 W 5i k f 4 � n' w, •ate` " r .it 1�„a ..,,K ���53 '`�':s.�.r�.F.;��£ d�' �y�`� � �� i :+-szi•�xl u,t. gs- CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director February 21, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A.Lambert, Director Updated Five Year Capital Improvement XIII.D.2. Parks and Recreation Plan/Park Dedication Fees&Donations Requested Action City staff requeststhe City Council review the updated five year Capital Improvement Plan for park improvement fund and donations based on the latest requests for funding assistance including construction of a third rink at the Community Center. Synopsis The working draft CIP for expenditures using park dedication funds is often updated several times each year depending upon requests from various athletic associations or other special interest groups, or revised priorities of the Parks, Recreation and Natural Resources Commission or the City Council. The purpose of the working draft is to provide the Commission and City Council with a view of what projects are anticipated over the next five years,their projected costs, and the projected fund balance of the park improvement fund if all of those projects are approved. The purpose of this document is to provide a general idea of the projected revenues and expenditures in this fund over the next five years in order to make decisions on requests this year. Background Over the next couple of years, City staff would anticipate this working draft being updated every two to three months depending on costs the City gets for completing the projects that were funded through the referendum. Staff anticipates some of these projects will run over the amount budgeted to the referendum with the balance being funded from park dedication fees. Other projects will arise as the City receives requests from athletic associations for improvements or matching funds for improvement projects. For example,this working draft includes several projects that were not included in the previous CIP: 1. It includes a Community Center Third Rink for$3 million, with$1 million being funded from the park improvement fund, $1 million from lease revenue bonds and $1 million from a donation from the Hockey Association. 2. This includes$1 million in football/soccer field renovation at Miller Park over five years, beginning with a$200,000 renovation of field#11 at Miller Park in 2006. 3. It includes $330,000 in relocating the baseball field at Round Lake Park. Updated Five Year Capital Improvement Plan/Park Dedication Fees&Donations February 21, 2006 Page 2 This five year CIP indicates that if all of the projects were approved and if all of the revenue sources are projected correctly there would be a$950,000 deficit at the end of five years. Obviously the City Council is not going to deficit spend within the park improvement fund;therefore, some of these projects will have to either be delayed or not approved. City staff would also point out that although the City has received close to a million dollars each year in park dedication funds over last four to five years, staff have only projected a half-million dollars per year in revenue from park dedication fees;therefore,there might be sufficient revenue to actually complete all of the projects proposed by 2010. Attachment Working Draft Capital Improvement Plan Working Draft CIP for Park Improvement Fund and Projected Donations 2006 -2010 Projects PROJECTS 2006 2007 2008 2009 2010 TOTAL FUNDING SOURCE ACQUISITION Birch Island Woods Acquisition $108,000 $104,000 $212,000 Park Improvement ACQUISITION Cedar hills Neighborhood Park 913700 $913,700 Park Improvement ACQUISITION Riley Lake Parcels 300000 200000 $500,000 Park Improvement ACQUISITION LAWCON Replacement for Cummins/Grill ? $0 Park Improvement ACQUISITION LAWCON Replacement for Staring Lake/Cty Rd 1 ? $0 Park Improvement ACQUISITION LAWCON Replacement for Round Lake/Valley View Rd ? $0 Park Improvement $100,000 Donation PARK Miller Park Football/Soccer Building $350,000 $350,000 $250,000 Park Improvement PARK Round Lake Park-Lighting Softball Field#4 $86,000 $85,000 Park Improvement/Softball Fee $300,000 Donation , PARK Miller Park Football/Soccer Field Renovation $200,000 $400,000 $200,000 $200,000 $1,000,000 $700,000 Park Improvement $1,000,000 Donation $1,000,000 Revenue Bonds PARK Community Center Third Rink $3,000,000 $3,000,000 $1,000,000 Park Improvement PARK Miller Park Shelter/CurlingRink $1,0,0,0 Park Improvement $1,250,000 $1,250,000 $1,000,000 Donation $250,000 Park Improvement PARK Round Lake Baseball Field Relocation&Lighting $330,000 $330,000 $80,000 Donation PARK Cedar Hills Park-Phase 1 -Development $650,000 $200,000 $850,000 Park Improvement PARK PCRA Board Walk/Pier $83,600 $83,600 Park Improvement PARK PCRA Wildlife Blind $25,000 $25,000 Park Improvement PARK Staring Lake Park Shelter Expansion $100,1000 $100,000 Park Improvement PARK Homeward Hills Skate Park $50,000 $50,000 Park Improvement PARK Birch Island Park Parking&Play Equipment $160,000 $150,000 Park Improvement PARK Miller Park Baseball Stadium $1,000,000 $1,000,000 Park Improvement PARK Community Center Parking Lot" $200,000 $200,000 Park Improvement PARK Round Lake Skate Park Expansion $40,000 $40,000 Park Improvement PARK Eden Lake Bark Drainage Correction $36,000 $36,000 Park Improvement PARK Franlo Baseball Field Improvements ? ? Park Improvement/Donations PARK Miller Park Playground Landscaping $5,000 $5,000 Park Improvement PARK Staring Lake Slide Replacement $20,000 $20,000 Park Improvement Repair trail from Village Woods Drive to Red Rock TRAIL Lake $23,000 $23,000 Park Improvement Tamarack Trail-replace 6'asphaft trail with 5' TRAIL sidewalk $45,000 $45,000 Park Improvement Settler's Ridge to Crestwood Terrace-Install Trail TRAIL and Bridge $70,000 $70,000 Park Improvement TRAIL Staring Lake Outlet&Trail $100,000 $100,000 Park Improvement TRAIL Riley Creek'"frail-Phase 1 $140,000 $140,000 Park Improvement Pagel Updated 02/13/2006 Working Draft CIP for Park Improvement Fund and Projected Donations 2006 -2010 Projects TRAIL Lower Purgatory Creek Trail-Phase 1 $200,000 $200,000 Park Improvement TRAIL Edenbrook Trail-Phase 1 $250,00D $250,000 Park Improvement TRAIL Staring Lake Trail Expand 10' $350,000 $350,000 Park Improvement TRAIL Riverview Road Trail(USFWS) $20,000 $300,000 $320,000 Park Improvement TRAIL Riley Creek Trail-Phase 2 $55,000 $55,000 Park Improvement TRAIL Edenbrook Trail-Phase 2 $70,000 $7000 Park Improvement TRAIL Lower Purgatory Creek Trail-Phase 2 $200,000 $200,000 Park Improvement TRAIL Birch Island Woods Parking Lot $20,000 $20,000 Park Improvement TRAIL Rice Marsh Lake Trail $150,000 $150,000 Park Improvement Riley Lake Road(Bearpath Trail)to Rice Marsh TRAIL Lake Park $150,000 $150,000 Park Improvement River Valley Trail from Purgatory Creek west to TRAIL Riverview Rd $250,000 $250,000 Park Improvement TRAIL Lower Purgatory Creek Trail-Phase 3 $100,000 $100,000 Park Improvement r TRAIL Riley Creek Trail-Phase 3 $90,000 $90,000 Park Improvement TRAIL Edenbrook Trail-Phase 3 $80,000 $80,000 Park Improvement TRAIL River Valley Trail Loop $150,000 $150,000 Park Improvement TRAIL Edenbrook Trail-Phase 4 $30,000 $30,000 Park Improvement TOTALS $3,220,300 $5,102,000 $1,220,000 $3,220,000 $280,000 $13,042,300 BONDS/DONATION TOTALS $180,000 $2,100,000 $200,000 $1,000,000 $0 $3,480,000 ,PARK MMIPR9'VEMENT,T0TALS..;:,.{... ... 3 0,�00 '" $3,002,000 $1 020,000 . : $2,2„zUff00 $280,000 ..r ; $ t s ,300 THESE COSTS ARE ESTIMATES THAT ARE CALCULATED WITHOUT THE BENEFIT OF PLANS AND SPECIFICATIONS AND COULD VARY SIGNIFICANTLY FROM ACTUAL COSTS.THE PURPOSE OF THIS PLAN IS TO PROVIDE AN ESTIMATE OF PROJECT COSTS AND TIMING. 1.Estimated Expenditures,Revenues and Fund Balance 2.Other Projects that may need funding from this revenue source Park Fund Balance Jan 1,2006 $6,111,787 A. Community Center Improvements(Child's Play Area) Estimated Cash Park Fee Revenue 2006-2010 $2,500,000 B. Wading Pool Estimated Revenue Bonds 2006-2010 $1,000,000 C. Land Acquisition to replace LAWCON property lost with expansion of County Road 1 Estimated Donations 2006-2010 $2,480,000 or leasing of Cummins/Grill property,and R.O.W.for Valley View Road through Round Lake Park. Estimated Total Revenue 2006-2010 $12,091,787 Estimated Total Expenditures 2006-2010 $13,042,300 Balance ($950,513) (Funded through Park Dedication fees,user fees and donations.) Page 2 Updated 02/13/2006 CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director February 21, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A.Lambert, Director Recommendation to Initiate Conversion of XIII.D.3. Parks and Recreation LAWCON Property Requested Action Move to: • Authorize City staff to initiate the request to the Minnesota Department of Natural Resources and the 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, new parkland adjacent to Birch Island Woods; and • Authorize staff to submit this request to the State Historic Preservation Office to obtain their necessary approvals to this request. Synopsis Recently the City Council authorized staff to negotiate the acquisition of Picha property, adjacent to Birch Island Woods. Prior to entering into a purchase agreement,the City Council must obtain approval from the National Park Service to utilize that property as a conversion property from the loss of LAWCON land around the Cummins-Grill Home. If the City Council approves this action,the City will be required to update the appraisal of the Picha property and obtain an appraisal of the Cummins-Grill property as a part of the submittal to the National Park Service for this request. The City will also be required to obtain approval from the State Historic Preservation Office in order for the National Park Service to approve the request. City staff would recommend obtaining an option agreement with the owners of the Picha property, agreeing to the purchase price for six months,to give the City time to obtain the approval from the National Park Service for acquisition of property and use of the Picha property for the conversion of the loss of LAWCON property at Staring Lake Park. Background At a November 9, 2004,workshop,the City Council discussed the future of the Cummins-Grill Homestead. The Council reviewed options for the future of the house that ranged from completing the renovation of the house with City funds to raising the house.After weighing their options,the City Council asked staff to prepare a policy for them to adopt at their November 23, 2004 Council meeting that would direct City staff to accomplish the following two policy preferences: Recommendation to Initiate Conversion of LAWCON Property February 21, 2006 Page 2 1. The City will open a dialog with the National Parks Service to seek relief from the encumbrances placed on the property to the City's acceptance of LAWCON Grant Funds for the original acquisition of the property.This will include the purchase and preservation of comparable park or open space property in another location within our park and open system. Staff will identify prospective properties for purchase and begin to negotiate potential acquisition agreements. 2. The City will actively seek out potentially private sector commercial adaptive reuse prospects for the house. Staff will endeavor to negotiate an arrangement that leases rather than sells the house to a private party. The private use of the property will be required to renovate and maintain the property's historic character. Staff would prefer an arrangement with a private party that maximizes the private funding of the renovation of the house. The City Council does not desire to raise or remove the house from the Cummins-Grill Homestead. The Council was unanimous in its support of a policy that would replicate the success of the Dunn Brothers renovation of the Smith-Douglas-More House at the Cummins-Grill Homestead. On November 23, 2004,the City Council approved the policy. City staff initiated a request for conversion of the property with the Department of Natural Resources.This process was temporarily delayed with the City failed to obtained grant money to acquire the Picha property and the City Council decided not to acquire the property that was for sale adjacent to Riley Lake Park. Attachments Cummins-Grill Historic Site Picha Property Site Plan R`t2 - w 3 5cy`�, i e9 gaes'-M. 'Rtw Rr MEMO ' c�a'ys•':ram e 51� M �'" i glp xg r Ml- 1 SZ r 5 '-' Y r if x x e J r ask z + r $. � a��+..F ��, �.yWFBio- �„ s" e�,�'� a�e'F a�rJOtr J � .k __ t •`' �` r �n'.'&rrFA s¢'y. r ..2 ✓ t� r t$` §r.�^ �: ��,r}�.,�.are�•���Z�+���5-�������d�...i.� �.hr C r�* � �_' i-��`' e� c."�`` �� � `k �� y' ��'` -; F 1. =Syw�w x is� f- ,�7rP.�A! 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