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City Council - 01/17/2006 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, JANUARY 17,2006 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 SENIOR ISSUES TASK FORCE: Bette Anderson, Pastor Rod Anderson, Joanne Bartel, Mary Cofer, Joyce Conley, John Dollerschell, Carla Kress, Joan Rumford, Lisa Schmidtke, Sharon Steiner, Scott Welter,Basil Wissner 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 Ric Rosow, and Recorder Lorene McWaters Heritage Room H I. PRESENTATION OF THE SENIOR ISSUES TASK FORCE REPORT Council Chamber II. OPEN FORUM A. Park Acquisitions—Jeff Strate B. MCA Study—Pat MulOueeny,Eden Prairie Chamber of Commerce III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 17,2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR. MARTIN LUTHER KING,JR. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. OPEN PODIUM HELD TUESDAY,JANUARY 3,2006 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 3,2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MCCALL BLUFF AMENDMENT by McCall Construction Company. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres. Location: 9997 Dell Road.(Ordinance for PUD District Review with waivers and Zoning District Amendment) C. APPROVE 2006 COUNCIL TRAVEL PLAN D. ACCEPT PROPOSAL FROM STEVENS ENGINEERS FOR PROFESSIONAL SERVICES FOR COMMUNITY CENTER ICE SYSTEM REPAIRS AND IMPROVEMENTS E. APPROVE CONTRACT FOR SERVICES WITH U.S.AOUATICS FOR FEASIBILITY STUDY FOR EXPANSION OF THE COMMUNITY CENTER WADING POOL CITY COUNCIL AGENDA January 17, 2006 Page 2 F. APPROVE AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT FOR CDBG SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND THE CITY OF MINNETONKA G. ADOPT RESOLUTION EXTENDING CONDITIONAL USE PERMIT WITH HENNPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA FOR USE IN MAPPING H. AWARD CONTRACT FOR 2006 WELL REHABILITATION PROGRAM TO BERGERSON-CASWELL,I.C. 06-5665 I. RECEIVE THE 2005 LGPEA PAY EQUITY REPORT AND APPROVE SUBMITTAL OF THE REPORT TO THE STATE J. ADOPT RESOLUTION AMENDING RESOLUTION NO.2006-08 BY AMENDING THE MEETING DATES FOR HUMAN RIGHTS AND DIVERSITY COMMISSION K. AUTHORIZE THE CITY MANAGER TO EXECUTE A SCHOLARSHIP AGREEMENT WITH THE EDEN PRAIRIE FOUNDATION VIII. PUBLIC HEARINGS/MEETINGS A. EDEN VIEW ESTATES by Insignia Development, LLC. Request for: Planned Unit Development Concept Review on 8.00 acres; Planned Unit Development District Review with waivers and Zoning District Amendment in the Rural Zoning District on 8.00 acres; and Preliminary Plat on 8.00 acres into two lots and one outlot. Location: 17650 Flying Cloud Drive. (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Preliminary Plat) B. AGING JOYFULLY by Ken and Joy Hansen. Request for: Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 1.61 acres; 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. (Resolution for Guide Plan Change; Ordinance for PUD District Review with waivers and Zoning District Change) C. DOYLE ADDITION by Dennis Doyle. Request for: Planned Unit Development Concept Review on 12.1 acres ;Planned Unit Development District Review with waivers and Zoning District Amendment within the Rural District on 12.1 acres; Preliminary Plat on 12.1 acres. Location: 9980 Dell Road& 17950 Flying Cloud Drive. (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Preliminary Plat) CITY COUNCIL AGENDA January 17, 2006 Page 3 D. VACATION OF DRAINAGE AND UTILITY EASEMENT IN OUTLOT L, _ ILLAGE FOUR VACATION 05-05 EAGLE RIDGE AT HENNEPIN V (Resolution) E. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTERATION,TREE PRESERVATION AND STORMWATER MANAGEMENT F. PROPOSED AMENDMENT TO CITY CODE SECTION 6.06 RELATING TO OBSTRUCTIONS IN STREETS IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. BRYANT LAKE SKI TEAM REOUEST FOR SUBMERSIBLE SLALOM COURSE XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Report D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Prioritizing Park Land Acquisition Needs 2. Baseball Field Improvements at Round Lake Park E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT PROCLAMATION ITEM NO.: IV. City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie's City Council and Human Rights & Diversity Commission sponsors both a Human Rights Award program and a Dr. Jean L. Harris Youth Scholarship Award program, recognizing those that work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non-violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims 2006 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. Nancy Tyra-Lukens, Mayor City of Eden Prairie ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL OPEN FORUM/OPEN PODIUM TUESDAY,JANUARY 3,2006 CITY CENTER 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Carol Pelzel I. OPEN FORUM A. Beth Holte—Home Maintenance Ordinance Resident Beth Holte of 7141 Prairie View Dr., her realtor,and neighbor Mike Gust of 7280 Prairie View Dr. stated the appearance of the two properties adjoining Holte's house are preventing her from selling her home. Tyra-Lukens asked for status. Neal said staff is working with both property owners but the conditions of the homes must meet the threshold outlined in the ordinance. Tyra- Lukens asked Neal to personally respond to the homeowner and Neal agreed. The City will contact Holte with an update and she can report to the neighborhood on this ongoing problem. Holte invited Council to visit her home. B. John Mallo—Flag Policy Mallo requested action on the flag policy, including notifying newspapers of the change, calling concerned citizens,notifying the school board regarding flag status, and noting who is being honored on the City's electric sign. II. OPEN PODIUM IV. ADJOURNMENT The meeting adjourned at 6:45 p.m. ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 3,2006 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho,Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added Items XII.K. and XII.L.to Appointments. MOTION: Case moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 5,2005 MOTION: Young moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 5-0. B. TRUTH-IN-TAXATION HEARING HELD TUESDAY,DECEMBER 5,2005 MOTION: Aho moved, seconded by Butcher, to approve the Truth in Taxation Hearing minutes as published. Motion carried 5-0. C. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 5,2005 MOTION: Case moved, seconded by Young, to approve the City Council minutes as published. Motion carried 5-0. CITY COUNCIL MINUTES January 3,2006 Page 2 D. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 13,2005 MOTION: Young moved, seconded by Case, to approve the Council Workshop minutes as published. Motion carried 5-0. E. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 13,2005 MOTION: Butcher moved, seconded by Aho, to approve the City Council minutes as published. Motion carried 5-0. VI. CONSENT CALENDAR A. RESOLUTION NO.2006-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS B. RESOLUTION NO.2006-02 DESIGNATING DEPOSITORIES C. RESOLUTION NO.2006-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS D. RESOLUTION NO.2006-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS E. RESOLUTION NO.2006-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE F. RESOLUTION NO.2005-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL G. RESOLUTION NO.2005-07 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY H. RESOLUTION NO.2005-08 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2005 I. RESOLUTION NO.2005-09 DESIGNATING OFFICIAL CITY NEWSPAPER J. APPROVE CHANGE ORDER NO.2 FOR CSAH 4 AND VALLEY VIEW ROAD INTERSECTION IMPROVEMENTS,I.C.96-5405 K. APPROVE NATURE TRAIL MASTER PLANS FOR EDENBROOK RILEY CREEK,AND LOWER PURGATORY CREEK CONSERVATION AREAS CITY COUNCIL MINUTES January 3,2006 Page 3 L. F TATION 1 S MAIN AWARD CONTRACT TO REMODEL IRE S OFFICE SPACE TO MCFARLAND CONSTRUCTION M. APPROVE PURCHASE OF FURNITURE FOR RECONFIGURATION OF THE MAIN OFFICE SPACE OF FIRE STATION 1 N. ADOPT RESOLUTION NO.2005-10 APPROVING AMENDED HENNEPIN SOUTH SERVICES COLLABORATIVE AGREEMENT AND BY-LAWS MOTION: Young moved, seconded by Case,to approve Items A-N on the Consent Calendar. Motion carried 5-0. VH. PUBLIC HEARINGS/MEETINGS VIII. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Young,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher,Case,Young, and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION NO.2006-11 SUPPORTING PASSAGE OF PROPOSED AMENDMENT TO THE MINNESOTA CONSTITUTION REGARDING DEDICATION OF MOTOR VEHICLE SALES TAX REVENUE FOR TRANSPORTATION PURPOSES Neal presented a resolution supporting the passage of a constitutional amendment to dedicate all motor vehicle sales tax revenue to transportation. The Minnesota Transportation Alliance(MTA),an advocacy group to which the City belongs, crafted the resolution and is asking its members to adopt it. Tyra-Lukens and Aho added the resolution to the agenda. Neal and Dietz also recommend Council pass it. The referendum will be put before voters in the fall. Aho noted the I-494 Corridor Commission also supports the resolution. Infrastructure and transportation are vital and it is critical for the motor vehicle tax to be dedicated to this purpose, as was its original intent. Young said he supported the resolution but objected to the paragraph citing motor vehicle deaths. The issue is funding streams and this language plays too much to sympathies. Tyra-Lukens asked if the intent was for all groups to pass the same resolution. Neal said yes. Case noted the Southwest Metro Transit Commission also passed the resolution. There may be a change to the amendment's wording before the referendum as it is somewhat confusing. Aho said he also had issues with some of the wording in the resolution but had passed it along with the I494 group. CITY COUNCIL MINUTES January 3,2006 Page 4 MOTION: Case moved, seconded by Butcher,to adopt Resolution No.2006-11 supporting passage of the proposed amendment to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40%of the revenue for public transit assistance and not more than 60%of the revenue for highway purposes. Motion carried 5-0. X. PETITIONS.REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XH. APPOINTMENTS A. RESOLUTION NO.2006-12 DESIGNATING OFFICIAL MEETING DATES,TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2005 AND APPOINTING ACTING MAYOR Neal said this item sets the meeting calendar and appoints the acting mayor. The March 6t'meeting needs to change as statute prohibits Council from meeting after 6�.m. on the day of party caucuses. Council agreed to meet Wednesday, March 8 at the normal time and place. MOTION: Butcher moved, seconded by Tyra-Lukens,to adopt Resolution No. 2006-12 designating the official meeting dates,time and place for the City of Eden Prairie Council in 2006 and appointing Councilmember Case the Acting Mayor. Motion carried 5-0. B. RESOLUTION NO 2006-13 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2005 MOTION: Butcher moved, seconded by Aho,to adopt Resolution No. 2006-13 designating Gene Dietz as the Director and Case as the Alternate Director to the Suburban Rate Authority. Motion carried 5-0. C. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES MOTION: Case moved, seconded by Aho, to approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Motion carried 5-0. D. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES CITY COUNCIL MINUTES January 3,2006 Page 5 Young asked if Council intended to alter any appointments from the previous year. Tyra-Lukens said she had asked for change requests to be provided prior to the meeting. Young thought it might be beneficial to change them at times but said he had missed the memo and agreed to continue as planned. MOTION: Butcher moved, seconded by Case,to approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the National League of Cities. Motion carried 5-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS TO THE MUNICIPAL LEGISLATIVE COMMISSION MOTION: Case moved, seconded by Butcher,to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 5-0. F. APPOINTMENT TO SOUTHWEST CORRIDOR COMMISSION MOTION: Case moved, seconded by Butcher,to approve appointment of Young to the Southwest Corridor Commission. Motion carried 5-0. G. APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION MOTION: Butcher moved, seconded by Young,to approve appointment of Case to the Southwest Cable TV Commission. Motion carried 5-0. H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION MOTION: Aho moved, seconded by Case,to approve appointment of Young to the Eden Prairie Foundation. Motion carried 5-0. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Young moved, seconded by Butcher,to approve appointment of Aho to the I-494 Corridor Commission. Motion carried 5-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Butcher moved, seconded by Case,to approve appointment of Young to the City and School Facilities Use Task Force. Motion carried 5-0. K. APPOINTMENT TO SOUTHWEST METRO TRANSIT COMMISSSION MOTION: Young moved, seconded by Butcher,to appoint Case to the Southwest Metro Transit Board as the Eden Prairie Citizen Representative for a three-year term to end December 31, 2008. Motion carried 5-0. CITY COUNCIL MINUTES January 3,2006 Page 6 L. APPOINTMENT TO MINNESOTA LEAGUE OF CITIES INSURANCE TRUST MOTION: Young moved, seconded by Case,to appoint Butcher to the Minnesota League of Cities Insurance Trust. Motion carried 5-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. City Attorney Neal said this is a motion to appoint Rosow's firm to both civil and criminal prosecution work. He asked Council to reconsider its previous decision to bring prosecution in-house. Neal presented cost data suggesting it would cost between $185,000 and$215,000 to provide prosecution in-house, which is close to the current contract cost. Given the current high level of quality,the strength of the relationship, and the satisfaction of police and other stakeholders,the City would have trouble achieving the desired level of savings with the same level of service. Options for the Council would be to approve the motion and continue the existing contract(there would be a budget issue to deal with down the road), or to take no action and revert to the previously moved plan to outsource prosecution. Rosow would still handle civil services in either case. Butcher said she had been very uncomfortable with the quick decision to outsource and was happy to see the new facts. Given the City's past experience with the law firm, approving the motion would be in the best interests of the City. Aho said the salary figures in Neal's memo were too high. He thought a competent attorney could be had for$70,000 to$80,000 rather than the $102,000 to $114,000 suggested. $100,000 would be the top number. He also questioned the need for a second part-time attorney. Perhaps a joint agreement could be reached with another city to provide backup coverage. Aho said he still felt strongly the in-house option should be tried. Young said he thought the budget was behind him and was not eager to revisit it, but proposed a solution to end the disagreement on costs. Council should pass the motion to continue services for now and issue an RFP to handle the City's prosecution services,whether under contract or as in-house. Instead of speculating,this process would reveal what the market truly is. If the City finds competent service at a good price, it should take it. Neal supported Young's idea and noted Edina is currently CITY COUNCIL MINUTES January 3,2006 Page 7 reviewing their RFPs. Neal said he would share what their experience had been when he knew more. Rosow's firm has been notified the job may be terminated. Case approved Young's idea to get more data.He was uncomfortable with Aho's suggestion. The City may not be able to get a competent attorney for$80,000, and getting backup coverage from another city may not be feasible. Case recommended digging deeper and looking at cities across the state or even out of state to see how they handle this issue. It was never the intent to abruptly terminate the contract. There needs to be a transition. Case said a full year would even be fine to explore the issue, as the decision will affect cost and service levels for years to come. Aho said he felt fairly experienced in attorney salaries, as his wife is a P year law student. The RFP is an excellent idea but a year is unacceptable. Young agreed, saying the current motion gives the City no incentive to act. MOTION: Young moved, seconded by Case,to amend the motion to include: "Staff will proceed with due diligence to issue an RFP to handle City prosecution on both a contract and in-house basis, and report back to Council as soon as practicable." Case asked for a timeline. Young said no arbitrary date is needed. The language already indicates this is a priority. Butcher expressed concerns the Council is stepping outside its role as a governing body. Does Council wants to look at every RFP? The City issues many RFPs each year and many are much larger, for example, asphalt services. Butcher was concerned about micro-management.The Council needs a retreat to talk about its role. Neal noted this is not a"low bid wins" situation. Staff will need to evaluate competence as well as cost. Regarding micromanagement, Case said some issues do carry more resonance. That doesn't mean Council will get involved in every issue at the same level of detail. The legal issue has been discussed for a long time and needs to be put to rest. Case said there seemed to be some level of mistrust of Staff on this issue, so the RFP would be a good compromise to find out the facts to everyone's satisfaction. Tyra-Lukens expressed concern about the idea of the RFP. Usually the City has specifications for a job and takes the lowest bid,unless past dealings with the company have been negative. She did not want to be obligated to take the low bid. Everyone is pleased with the current provider and it is hard to place a value on that. If there were not significant savings, it would not be worth the risk of changing. Case noted Council would get to vote on the specifics. Butcher said Council could bring together all the past, disparate pieces of information on this issue CITY COUNCIL MINUTES January 3,2006 Page 8 and make a decision based on those. She felt frustrated to keep revisiting the issue. The Council is stepping outside a governance role. Butcher said the current arrangement is tried and true. An RFP may not be the best answer either. She did not support the amendment. MOTION: Young moved, second to amend the motion to seconded by Case, include: "Direct Staff to proceed with due diligence to issue an RFP to handle City prosecution on both a contract and in-house basis,and report back to Council as soon as practicable." The amendment carried 4-1 with Butcher voting nay. MOTION: Move to appoint Mr. Richard Rosow of the law firm of Gregerson,Rosow,Johnson&Nilan as the City Attorney for 2006;and direct Staff to proceed with due diligence to issue an RFP to handle City prosecution on both a contract and in-house basis, and report back to Council as soon as practicable. The motion carried 4-1 with Butcher voting nay. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Edenvale PUD Neal said he had asked Rosow to present information on the Edenvale PUD due to resident concerns about the potential development of Bent Creek Golf Course. He emphasized that no proposal has been received. Rosow also noted no proposal is on the table,but if an application does come in, it is entitled to due process, including Staff review,presentation to the Planning Commission, and finally a public hearing and Council vote. He cautioned Councilmembers not to make up their minds before the public hearing and to be careful about their statements, as courts do not look kindly on these kinds of predeterminations. Rosow reviewed the area and history of the Edenvale PUD, showing a current aerial view and several maps based upon the 1968, 1977 and the existing Guide Plan. The 1968 guide plan shows an area roughly the same as today, including the golf course. A 1977 revision to the guide plan again showed the same golf course, again designated as"quasi-public" land. "Quasi-public"land is a common concept that is also used b other P Y cities. The 1977 document contains more detail about the term. At the time,the City was debating its growth policy—no growth,restricted growth, or stimulated growth. The City settled on balanced growth, including public and quasi-public uses. The guide plan specifically references several areas as quasi-public, including the Minnesota River flood plain and several Eden Prairie golf courses, including Edenvale's. The current guide plan also describes private but"quasi-public"land, again referencing golf courses. Rosow noted the City's treatment of the CITY COUNCIL MINUTES January 3,2006 Page 9 golf course property has been absolutely consistent over time—zoned rural and designated quasi-public land. The Edenvale development and Eden Prairie as a whole are clearly a planned community,with the golf course as part of a well-integrated plan for both the neighborhood and the City. There has been no sea change or alteration in how the land is used and zoned. This consistency is key to defending the City's zoning decisions. Rosow also reviewed files from the development process. A July 1970 report to the Planning Commission from Brauer and Associates noted that Eden Land Corporation will issue assurances on the golf course which will guarantee the golf course would be used as recreational land and prohibit its use as building sites. In a supplement to the PUD,Eden Land Corporation issues assurances that guarantee the golf course use as recreational land so that it will not be developed into building sites. The minutes from the August 1970 Village Council meeting confirmed the developer's intent to maintain the land as a golf course. The resolution also contains language specific to the golf course. It is very clear the development was approved as a whole planned community, including the golf course in that context. Rosow presented a 1972 letter from Edenland to golf course neighbors,notifying residents of course completion and hoping residents would enjoy the scenery and enhancement of their property values. Finally,Rosow presented a letter from the developer requesting further development,which identified the developer's $1,000,000 investment in the golf course is to provide an amenity to serve the community and enhance the value of the adjacent property. The developer clearly understood the golf course was an integral part of the development. Rosow then presented a brief review of state law regarding zoning. Councils have discretion to zone and re-zone areas,but are required to act on a rational basis. If the decision is found to have a rational basis,the zoning is upheld. In the key case of Hann vs. the City of Coon Rapids,the Council denied a request to re-zone based on increased traffic, safety hazards, impacts on existing homes, and adverse impacts on open space, home values, and consistent land practices. Though the basis appeared rational,the Court ordered a new trial to see if the facts were substantiated. The key lesson to learn from this case is that the Council cannot rely on hearsay or unsworn testimony. Studies, facts, and figures are needed to make findings. Assuming the Council is found to have acted rationally in its zoning decision,the burden then falls on the applicant to either prove a mistake was made in the zoning, or that the area has changed so dramatically that no reasonable use of the land is possible in the current zoning classification. The standard is not"optimal"use from a monetary standpoint, but"reasonable"use. Rosow noted little is known about the operations and profitability of the golf course, but if a proposal CITY COUNCIL MINUTES January 3,2006 Page 10 were brought, Staff might have to confirm this information.The review process could be very complicated depending on the proposal. The City must also consider federal law. The key point under federal law is whether a zoning decision amounts to"taking"of property. In the key case of Penn Central vs. the City of New York, the court upheld the City's regulation of the property. In a constitutional challenge,the Supreme Court said interference with expectation and economic impacts on the owner must be considered. The key question is whether the property owner had"actual knowledge"of restrictions on development(for example, a clause in the purchase agreement)or"constructive notice" (i.e., the restrictions are outlined in title documents or the law,whether the property owner was aware of them or not.) To prevail, a claimant would have to show an interference with an investment-backed expectation to a degree that merits government compensation—for example,the owner relied on a certain zoning regulation and had a reasonable expectation of being able to go ahead with his plans.Reahard vs. Lee County outlines the information the City would need to present—the economic impact,when the property was purchased,the purchase price,the composition, the initial use,the history of development,the classification and any changes to it all being pertinent to the question of the reasonable expectations of the owner and neighboring owners. To qualify as a"taking,"there must be a change in the fair market value caused by regulations—for example, a 5% decrease in value does not constitute a"taking." In the case of the golf course, the value in 1978 was listed as$879,000;the present taxable market value is $2 million. While is it hard to be definitive without a specific proposal, it is unlikely the owner could successfully argue that a denial of rezoning caused a decrease in property value unless new facts come forward. Throughout the history of the PUD,the City has been very consistent. The applicant made statements that the Village Council relied on in its approval. This consistent land use planning is good governance. Rosow noted he is still going through the nearly 175 applications within this area. Should an application be submitted, Staff will meet with the developer to gather information in an impartial way. The Planning Commission would hear the proposal and make recommendations,followed by presentations and public hearing before the Council. The Council should not make up its mind until it has taken into account all information provided by the applicant, Staff, residents, and speakers at both public hearings. He invited Council's questions on that basis. Case said although he recognized no proposal is before the Council, his personal preference would be to maintain the area as open space. He asked if there was anything Council could do to prepare before a proposal is brought. Rosow noted Staff was already undertaking a major review of the guide plan this year. Council can listen to residents' concerns and CITY COUNCIL MINUTES January 3,2006 Page 11 relay them to Staff so Staff can collect pertinent information. Young said he understood the ban on predetermination to apply to the Council as a body,not to Councilmembers as individuals. Rosow acknowledged Councilmembers are elected to have opinions. The key is to make it clear that the public hearing is open to all, and to decide based on all the information,not a personal preference. Aho and Tyra-Lukens thanked Rosow for his thorough presentation. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:29 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Organization: Pax Christi Event: Parishioner Dinner Date: February 11, 2006 Place:12100 Pioneer Trail(In Social Hall) - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 17,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Development/Planning McCall Bluff Amendment Janet Jeremiah Michael Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment; and • Approve the Development Agreement for McCall Bluff Amendment];and • Approve and Authorize Issuance of a Grading Permit for McCall Bluff Amendment, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated October 18, 2005, as approved by the City Council. Synopsis This is an amendment to the approved plan to allow a building addition to the existing home. Attachments Developer Agreement Ordinance for PUD District Review and Zoning District Amendment Summary Ordinance MCCALL BLUFF AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 1-2006-PUD- 1-2006 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 1-2006-PUD-1-2006(hereinafter"PUD-1-2006-Rural). Section 3. The City Council hereby makes the following findings: A. PUD-1-2006-Rural is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2006-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-1-2006-Rural are justified by the design of the development described therein. D. PUD-1-2006-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 January 17, 2006, entered into between McCall Construction, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2006-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 District and shall be included hereafter in the Planned Unit Development PUD-I-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 18thh day of October, 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 17te day of January, 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2006. EXHIBIT A PUD Legal Description — The West 225.0 feet of the Southwest Quarter (SW '/4) of the Southwest Quarter (SW '/4) of Section 29, Township 116 North, Range 22, Hennepin County, Minnesota, lying northerly of the northerly right of way line of State Highway No. 169-212. Together with an easement for road purposes over the South 33.0 feet of the North 66.0 feet of the Southeast Quarter (SE '/4) of the Southeast Quarter (SE '/4) of Section 30, Township 116 North, Range 22, lying Easterly of the Town Road(Dell Road). MCCALL BLUFF AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 1-2006-PUD-1-2006 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 9997 Dell Road 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.) SUPPLEMENT TO DEVELOPER'S AGREEMENT MCCALL BLUFF THIS SUPPLEMENT TO AGREEMENT,made and entered into as of January 3,2005., by Jeff and Tracy McCall,husband and wife.,hereinafter referred to as"Developer," its successors and assigns,and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as vVit,,l. WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 4.89 acres,Planned Unit Development District Review with waivers on 4.89 acres, and Zoning District Amendment in the Rural District on 4.89 acres, all situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and; WHEREAS, the parties desire to amend the Development Agreement between Jeff and Tracy McCall dated August 16,2005.,(hereinafter the"Development Agreement)for that portion of the Property legally described in Exhibit A,attached hereto and made a part hereof,and depicted as the "Amended Area" in the Plans, and made apart hereof; NOW THEREFORE,in consideration ofthe City adopting Ordinance No.Resolution No. for Planned Unit Development Concept Review, and Ordinance No. for Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District, Developer covenants and agrees to construction upon, development, and maintenance of the Amended Area as follows: 1. "Developer shall develop the Amended Area of the Property in conformance with the materials revised and dated October 18,2005,reviewed and approved by the City Council on October 18, 2005, and attached hereto as the Plans, subject to such changes and modifications as provided herein. 2. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Rural District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD ■ Side Yard structure setback from 100 feet to 25 feet for Lot 1, block 1,McCall Bluff. 3. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations 'of "Developer" under the Development Agreement, except as inconsistent with or amended by this Supplement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Nancy Tyra-Lukens Its Mayor Scott H.Neal Its City Manager STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005,by husband and wife. Notary Public EXHIBIT A LEGAL DESCRIPTION Lot 1,Block 1, Mc Call Bluff CITY COUNCIL AGENDA DATE: SECTION: Consent Janu 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILC. Scott Neal, City Manager 2006 City Council Travel Plan Requested Action Move to: Approve the 2006 City Council Travel Plan. Synopsis The State Legislature adopted a new law in their 2005 legislative session which directed local units of government to adopt new policies governing out-of-state travel by elected officials. The City Council, in response to this new law, adopted a new travel policy for elected officials and staff at the November 15,2005 Council meeting. The new travel policy requires the Council to adopt an annual conference travel plan at the time of the Council's annual approval of the budget. The Council was not able to synchronize its approval of its annual travel plan for 2006 with the approval of the 2006 budget,but these two approvals will happen together in the future. For 2006, 1 recommend the City Council preauthorize its members for travel to and from, and participation in events, conferences, and meetings organized or sponsored by: • League of Minnesota Cities • Association of Metropolitan Municipalities • Municipal Legislative Commission • Southwest Cable Television Commission • 494 Corridor Commission • League of Minnesota Cities Insurance Trust • Eden Prairie Chamber of Commerce • Sensible Land Use Coalition • Southwest Metro Transit Commission • Southwest Transportation Coalition • National League of Cities 9 U.S. Conference of Mayors CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILD. Michael Sheggeby,Office of Professional Engineering Contract at the the City Manager,Facilities Community Center for 2006 Ice System Repairs and Improvements. Requested Action Move to: Accept the proposal from Stevens Engineers to perform professional engineering services at the Community Center for the 2006 Ice System Repairs and Improvements. Synopsis Proposals were solicited for professional engineering services for the 2006 Ice System Repairs and Improvements and one was received from Steve Engineers. Project Scope: - Preliminary Design - Final Design - Bidding - Construction Phase Background Information The ice rink refrigeration system at the Community Center is over 20 years old and is need of major repairs and improvements. In 2004 proposals were solicited for professional engineering services for the replacement of the rink floor and three were received. One from Stevens Engineers,KPB and EPL After interviewing each of them, Steven Engineers was the most qualified out of them to handle any rink repairs.The project in 2004 was for the replacement of the rink floor and nothing was done at that time to the ice plant. Staff consulted with Stevens Engineers after the floor replacement to evaluate the condition of the existing system and recommend repairs and improvements. The repairs and improvements that were recommended are ones that are safety concerns due the age of the system and repairs and improvements that will improve the efficiency of the system. Attachments Stevens Engineers Proposal Agreement STEVENS ENGINEERS November 15,2005 Mr. Mike Sheggeby Building Maintenance Supervisor City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Professional Engineering Services Proposal 2006 Ice System Repairs and Improvements Dear Mr. Sheggeby: Stevens Engineers is pleased to submit a proposal for professional engineering services for the 2006 Ice System Repairs and Improvements at the Eden Prairie Community Center. We are very familiar with the ice system at the community center and have a good understanding of the proposed project. We have the ice rink design experience necessary to successfully complete this project for the City. Project Understanding Stevens Engineers completed an evaluation of the existing direct refrigeration system at the Eden Prairie Community Center in 2004. The findings and cost estimates were presented in a letter to the City dated December 23, 2004 and updated for 2006 costs in a letter dated June 13, 2005 . The following work was completed during the 2004 and 2005 Ice System Improvements Projects. ■ Investigate corrosion on main vessel and determine a shut down period for 2006. ■ Level and grade sand in rink#2 • Overhaul each compressor ■ Replace dryer cores ■ Replace pressure and temperature gauges Office 2:1Marketingllce12005 Proposals\Eden Prairie 2006 Repairs 11-15-05.doc GEN 1656 Livingstone Road • Hudson, WI 54016 715-386-5819 • 651-436-2075 • 800-822-7670 -fax: 715-386-5879 •www.stevensengineers.com The following will be included in the 2006 Ice System Repairs and Improvements Project ■ Replace insulation on chiller and repaint ■ Replace supply line to the pumper drum No.5 ■ Replace control system ■ Isolate compressors ■ Replace pipe insulation and on entire refrigeration package ■ Install power stop valves ■ Install site glass on receiver ■ Replace waste heat recovery system ■ Replace existing pool heat exchanger ■ Computer control system We estimate the probable construction costs to be approximately$118,000 as stated in our June 13, 2005 letter to the City. The City is also experiencing some problems with the ice rink floor in Rink#2. We inspected the rink while the ice was out in the spring of 2005. It appears the supply and/or return piping is heaving and affecting the rink piping. This is likely due to poor pipe insulation. There are also approximately 5 runs of rink piping that have moved significantly and need to be relocated. Lastly, it has been difficult to maintain ice along one side of the dasher boards. Although the supply and return piping problem will not be addressed at this time, the City would like to have the rink piping adjusted under the base bid of the 2006 Project and have an additional run of piping along the boards bid as an alternate bid. The construction cost for this work is estimated to be$7,500. Therefore the total estimated probable construction cost for the 2006 Ice System Repair and Improvement Project is$125,500. However, it is important to note that material costs such as steel and petroleum products have been very unpredictable recently given the demand from overseas markets and shipping costs so the City should budget and additional contingency of 10%to 15%for this project. We understand the ice system will be shut down starting March 26, 2006 for 14 weeks for the repairs, Project Scope Our proposed scope and project approach is outline below. Preliminary Design: ■ Perform a site visit to collect all additional information required for the design. ■ Preparation of preliminary plans and specifications for the selected improvements. We will review the preliminary design with you and your staff. • Prepare updated estimated construction cost for the project. ■ Prepare updated project schedule. Mr. Michael Sheggeby November 15,2005 Page 2 of 5 Final Design: ■ Prepare final plans and specifications and conditions of the contract. ■ Prepare final estimated construction cost for the project. ■ Present final plans, specifications and cost estimate to City Council if requested. ■ Prepare advertisement for bidding. Bidding: ■ Provide recommendation on bidding and award schedule. ■ Distribute plans and specifications to contractors. ■ Answer questions from contractors,suppliers and City staff during the bidding process. ■ Attend bid opening. ■ Review the bid results and recommend award of construction contract. ■ Prepare construction contracts for review by the City. Construction Phase Services: The ice equipment and ice rink floor are the most important systems in your ice arena facility. Experienced ice arena specialists provide a higher level of confidence that the installation is done right and the final product is constructed as the design intended and the maximum efficiency of the system is achieved. Every project varies in the amount of site observation necessary to monitor the projects construction. The level of services is dependant on the City's comfort level with the project and the experience level of the contractor. We anticipate a maximum of two site visits to verify the materials and construction of the improvements. This may not be necessary depending on the experience of the contractor. Compensation We can provide the services described in this proposal for the following compensation. Design and Bidding Phase Services (lump sum) $12,500+reimbursable expenses Estimated Construction Phase Services (hourly)* $5,000 to$6,500+reimbursable expenses Reimbursable expenses are additional to all fees stated above. *Construction phase services are billed on an hourly basis according to our current fee schedule. We will work with the City and its staff to provide this service as efficiently as possible to minimize our fees. We will provide Supplemental Services pre-approved by the City on an hourly basis in accordance with the General Engineering Fee Schedule plus reimbursable expenses. Basic services and reimbursable expenses will be billed monthly. Mr.Michael Sheggeby November 15,2005 Page 3 of 5 Additional Conditions The General Engineering Fee Schedule is valid through December 31, 2005. Any services furnished after December 31, 2005 will be charged in accordance with our 2006 fee schedule. We will not increase any item on the fee schedule by more than 5%for work performed in 2006. If there are protracted delays for reasons beyond our control,we would expect to negotiate with you an equitable adjustment of our compensation taking into consideration the impact of such delay. We request that you furnish us with full information as to your requirements including any special or extraordinary considerations for the Project or special services needed,and also to make available all pertinent existing data. We service that our propose s wi II be provided under the General Provisions consisting of two pages and one page of General Engineering Fee Schedule which are attached to and made a part of our agreement for services for the preliminary and final design phases of this project. A copy of our 2005 fee schedule is attached. This proposal,the General Provisions, Exhibit A and our Engineering Fee Schedule represent the entire understanding between Stevens Engineers and the City of Eden Prairie in respect of the Project and may only be modified in writing signed by both of us. If this satisfactorily sets forth your understanding of our agreement, please sign the enclosed copy of this letter in the space provided below and return one copy to us. We look forward to working with you on this project. If you have any questions or need additional information please call us at 651,492.1376. Very truly yours, STEVENS ENGINEERS, INC. Scott A.Ward, P.E. Project Manager /mes DeBenedet, P.E. President Enclosure Mr.Michael Sheggeby November 15,2005 Page 4 of 5 Accepted this day of , 2005 By Printed Name Signature Title Mr. Michael Sheggeby November 15,2005 Page 5 of 5 EXHIBIT A GENERAL PROVISIONS that conforms generally to the Contract Documents, or that the For Design and Construction work is not likely to be completed on schedule,he shall notify Phase Services the OWNER and the contractor in writing of his opinion. SECTION 1-BASIC SERVICES OF THE ENGINEER 1.3.2.2. ENGINEER shall not,supervise,direct or have control over Contractor(s)'work,nor shall ENGINEER have 1.1. Scope of Services authority over or responsibility for the means,methods, techniques or procedures of construction selected by 1.1.1. ENGINEER shall provide services to the OWNER in Contractor(s),or for safety precautions and programs incident accordance with the scope of services stated in the letter to the work of Contractor(s),or for any failure or act or omission agreement. of any Contractor(s),subcontractor or supplier to comply with the contract document,laws,rules,regulation,ordinances, 1.2. Design Phase codes or orders applicable to Contractors)furnishing and performing their work;Accordingly,ENGINEER can neither 1.2.1. That phase of the work which is the design phase guarantee the performance of the construction contracts by may be further divided into a preliminary phase and a final contractor(s)'failure to furnish and perform their work in phase, accordance with the Contract Documents except to the extent that ENGINEER approves work or materials which are clearly 1.2.2, If a Preliminary phase is included,the ENGINEER inconsistent with the contract documents. will prepare preliminary drawings and other work product as SECTION 2-ADDITIONAL SERVICES OF THE ENGINEER stated in the letter agreement. He will advise OWNER of the need for additional data or services of the types described in paragraph 3.2 and/or decisions required of the OWNER. This 2.1. Additional Services Defined conference will be supplemented by a written report to the 2.1.1• For the purposes of this agreement,it is agreed that OWNER if requested by the OWNER or if deemed appropriate by the ENGINEER, normal and customary engineering services do not include service in respect of the following categories of work which are 1.2.3. The ENGINEER,after authorization to proceed with usually referred to as Additional Services or Extra Work. the Final Design Phase,and on the basis of the accepted 2.1.1.1. if OWNER wishes ENGINEER to perform any of the Preliminary Design documents,if any,will prepare final drawings to show the scope,extent and character of the work following Additional Services,OWNER shall so instruct to be furnished and performed by Contractors)(hereinafter ENGINEER in writing,and ENGINEER shall perform or obtain called"Drawings). from others,such services and will be paid therefore as extra services: He shall also provide information for OWNER's use in filing applications for permits with or obtaining approvals of such -Preparation or review of environmental studies and related governmental authorities,and assist OWNER in consultations services;and assistance in obtaining environmental approvals, with appropriate authorities. -Services to set string lines,batter boards,set grade and/or 1.3. Construction Phase alignment of forms or other like work of Contractors)other than setting offset stakes for grade and alignment. 1.3.1. If the letter agreement provides for services during Furnishing services by the ENGINEER or by an independent the Construction Phase,ENGINEER shall consult with and advise OWNER and act as OWNER's representative as professional associate for construction testing. provided below. All of OWNER's instructions to Contractors) will be issued through ENGINEER who will have authority to act -Preparing a set of reproducible record prints of Drawings on behalf of the OWNER except as otherwise provided in showing those changes made during the construction process, writing. based on the marked-up prints,drawings and other data developed by ENGINEER during construction or furnished by 1.3.2. ENGINEER,and/or his Representative,shall make Contractor(s)to ENGINEER and which ENGINEER considers visits to the site as ENGINEER deems necessary in order to significant. observe the progress and quality of the various aspects of Contractor(s)'work. He shall also interpret the contract SECTION 3-OWNER'S RESPONSIBILITIES documents to the Contractor when,in the opinion of the ENGINEER,the Contractor's work is not in conformance with 3.1 Owner Provides Full Information the contract documents. 3.1.1. OWNER shall provide all criteria and full information as to OWNER's requirements for the Project;designate a 1.3.2.1. Based on information obtained during such visits person to act with authority on OWNER's behalf in respect of all and on such observations,and if ENGINEER believes that the aspects of the Project;examine and respond promptly to Contractor's work will not produce a completed Project ENGINEER's submissions;and give prompt written notice to S:1Standant FormslShort General Provisions Design.doc Page 1 of 2 ENGINEER whenever OWNER observes or otherwise owner's opinion,said invoice is inconsistent with this becomes aware of any defect in the work. agreement,he shall object to said invoice within 30 days 3.2. Owner Provides Services of the date of the invoice. After 30 days of the date of the invoice,the owner waives his right to object to said 3.2.1 OWNER shall also do the following and pay all costs invoices. incident thereto: 4.2. Reimbursable Expenses --Furnish to ENGINEER sub-surface explorations,laboratory tests and inspections of samples,materials and equipment; incur Reimbursable Expenses mean the actual expenses i appropriate professional interpretations of all of the foregoing; ncurred n ENGINEER or ENGINEER'S independent environmental assessment and impact statements;property, professional associates or consultants directly or indirectly in boundary,easement,right-of-way,topographic and utility connection with the Project,such as expenses for: surveys;property descriptions;zoning and deed restrictions;all transportation;reproduction of reports,Drawings, of which ENGINEER may rely upon in performing services Specifications,Bidding Documents and similar Project related hereunder, items;charges levied by others for materials required to perform the work(copies of record plans,maps,deeds, --Guarantee access to and make all provisions for ENGINEER specialized documents,etc.);filing fees;permit application fees, to enter upon public and private property. etc.;and if authorized in advance by OWNER,overtime work requiring higher than regular rates. —Provide such legal,independent cost estimating and insurance counseling services as may be required for the SECTION 5—MISCELLANEOUS Project,any auditing service required in respect of Contractor(s)'s applications for payment,and any inspection 5.1. General Requirements services 10 determine if Contractor(s)are performing the work legally. 5.1.1. Since ENGINEER has no control over the cost of labor,materials,equipment or services furnished by others or —Furnish approvals and permits from all governmental over the Contractor(s)'methods of determining prices,or over authorities having jurisdiction over the Project. competitive bidding or market conditions,ENGINEER's opinions of probable Total Price Costs and Construction Cost 4.0 PAYMENT OF FEES provided for herein are to be made on the basis of ENGINEER's experience and represent ENGINEER's best 4.1. Fees Are In Accordance With Letter Agreement judgment;but ENGINEER cannot and does not guarantee that proposals,bids or actual Total Project or Construction Costs 4.1.1. The ENGINEER's fees shall be in accordance with will not vary from opinions of probable cost prepared by the Letter Agreement. Unless stated otherwise in the Letter ENGINEER. Agreement,fees do not include reimbursable expenses which are billed direct in accordance with paragraph 4.2. 5.1.2. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' 4.1.2. Fixed fees shall be payable in full when the written notice in the event of substantial failure by the other ENGINEER's services are completed. If the project is party to perform in accordance with the terms hereof through no suspended for more than 90 days or terminated,the fault of the terminating party. ENGINEER shall be paid his complete fixed fee or on the basis of his time spent on the work at his standard hourly rates, 5.1.3. This Agreement is to be governed by the laws of the whichever is less. project location. 4.1.3. If OWNER fails to make any payment due 5.1.4. Nothing under this Agreement shall be construed to ENGINEER for services and expenses within thirty days after give any rights or benefits in this Agreement to anyone other receipt of ENGINEER's statement therefore,the amount due than OWNER and ENGINEER,and all duties and ENGINEER will be increased at the rate of 1.5%per month responsibilities undertaken pursuant to this Agreement will be from the date of the invoice,and in addition,ENGINEER may, for the sole and exclusive benefit of OWNER and ENGINEER after giving seven days'written notice to OWNER,suspend and not for the benefit of any other party, services under this Agreement until ENGINEER has been paid in full all amounts due for services,expenses and charges. 5.1.5. Any hazardous waste,underground storage tanks, OWNER shall also pay all costs of collection of unpaid fees and or asbestos required to be removed,encapsulated or otherwise expenses,including attorney's fees and the reasonable time of contained during the course of this project will be removed, ENGINEER and his employees based on the standard fee encapsulated or otherwise contained as required by law,rules, schedule. regulations or orders by OWNER,acting through qualified professionals and contractors. 4.1.4. The owner shall review engineer's invoices promptly when received and shall notify engineer of any objection to said invoices. It is agreed that if in the S:1Standard FomrslShort General Provisions Design.doc Page 2 of 2 STEVENS ENGINEERS DATE: January 1, 2005 RE: General Engineering Fee Schedule for 2005 The following Engineering Fee Schedule is furnished for your information. HOURLY FEE SCHEDULE Personnel: Principal Engineer/Project Manager $98.00-$109.00/hr. Project Engineer $75.00-$102.00/hr. Civil Engineer 1 $50.00-$77.25/hr. Senior Technician $55.00-$77.251hr. Technician $40.00-$62.00/hr. Clerical $47.70/hr. Survey Crew $134.00/hr. MISCELLANEOUS CHARGES Item: Mileage: $0.405/mile Black&White Photocopies: 8Y2"x 11"or 8Y2"x 14" $0.07/each Black&White Photocopies: 11"x 17" $0.14/each Color Photocopies: 8%"x 11"or 8%"x 14" $0.50/each Color Photocopies: 11"x 17" $ 1.00/each Blueline Prints:22"x 34"or 24"x 36" $ 1.00/each Blueline Prints: larger than 24"x 36" $2.00/each Out-of-Pocket Expenses: actual cost Engineering Services may be on a fixed fee basis when prior arrangements are made. 105ENGFEE.DOC #1001 1656 Livingstone Road • Hudson, WI 54016 715-386-5819 •651-436-2075 • 800-822-7670•fax: 716-386-5879 •www.stevensengineers.com AGREEMENT THIS AGREEMENT is made and executed the Ist day of January, 2006, by and between the City of Eden Prairie , hereinafter referred to as the "Owner", and Stevens Engineers, hereinafter referred to as the "Consultant", WITNESSETH; Owner and Consultant, for the consideration hereinafter stated, agree as follows: 1. Consultant's Duties: The Consultant shall provide the services specified in the Consultant's Proposal (hereinafter the Proposal) dated November 15, 2005 and shall do everything required by this Agreement and the Proposal. Consultant shall fully and satisfactorily comply with the conditions of the Proposal and complete the work contemplated by this Agreement in accordance with the Proposal. 2. Price: Owner agrees to pay the Consultant a fee not to exceed the sum of $19,000.00 + reimbursable expenses (see attached hourly fee schedule) as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 3. Payment: Payments to the Consultant by the Owner shall be made as provided in the Proposal. 4. Contract Documents: The Proposal consists of the Proposal dated November 15, 2005. The Proposal is hereby incorporated with this Agreement and is as much a part of this Agreement as if fully set forth herein. This Agreement and the Proposal are the Contract. In the event of any conflict between the documents, the Agreement and the General Conditions and then the Proposal shall govern in that order. 5. Completion: The Consultant shall complete all services within one year of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the Proposal. 6. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Applicable federal and state regulations and statutes shall not be violated. 7. Claims: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 8. Data Practices Act: The Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contractor. 9. Audits: The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 10. Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 11. Worker's Compensation: Contractor represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 12. Discrimination: In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 14. Claims: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 15. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to any subcontractor within ten (10) days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent(1 %2%)per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 16. Prevailing Wage. Not applicable. 17. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 18. Whole Agreement: This Agreement and the Contract Documents constitute the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between Owner and Contractor. Any subsequent modification must be in writing signed by both parties. 19. Governine Law: This Agreement shall be governed and construed under the laws of the State of Minnesota and the parties agree that any actions arising out of or related to this agreement shall be venued in the State of Minnesota,Hennepin County District Court. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set forth above. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens, Its Mayor By Scott Neal, Its City Manager CONSULTANT By Its CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILE. Robert A. Lambert, Director Contract for Services for Feasibility Study Parks and Recreation for Expansion of the Community Center Wading Pool Requested Action Move to: Approve the Contract for Services with US Aquatics for the feasibility study for the expansion of the wading pool at the Community Center for an amount not to exceed $4,850. Synopsis At the January 9 meeting,the Parks,Recreation and Natural Resources Commission recommended approval of the study on a 5-1 vote. Barrett opposed due to the fact that voters did not approve the last two referendum questions relating to swimming pools. US Aquatics has provided a proposal for services for analyzing the existing outdoor wading pool at the Community Center, determining programs needs and site limitations and providing three different layouts for different levels of expansion of that facility.The proposal will provided projected costs for the facility and projected revenues from each layout. Upon completion of this study,the Parks, Recreation and Natural Resources Commission and the City Council can determine if it is desirable to provide an outdoor children's play pool at the Community Center, and if so,what the costs would be for three different levels of expansion compared to the projected revenue for each of these proposed levels. Background During the discussion of the proposed referendum early in 2005, City staff recommended considering expansion of a wading pool as a separate project for the Community Center. Staff indicated that the City should evaluate the feasibility of providing a wading pool that would accommodate a relatively large number of young children and deck space to accommodate many adults that would be bringing those children to this facility.The experience that Edina had in terms of increased revenue to their outdoor swimming pool with the construction of their kids play pool indicates that the largest revenue generator for outdoor pool relates to the facilities serving younger age children. Contract for Services for Feasibility Study for Expansion of the Community Center Wading Pool January 17, 2006 i rY Page 2 While this projected improvement may not be able to generate a sufficient amount of revenue to cover operatingcosts and all of the construction costs,the City should evaluate what percentage ri of the construction cost each projected level would generate. It is clear through all of the City surveys that a significant number of residents within the City of Eden Prairie are not satisfied with the swimming conditions in our lakes and would like a"clean, safe, fun"outdoor swimming pool especially to accommodate younger age children.This is not an aquatics park proposal,but merely a shallow-water play space that City staff believe would be a highly used recreation feature and should be considered with the expansion of the Community Center. Attachment US Aquatics Proposal for Services v ' USAQUATICS a M @) ! c December 14,2005 I c Bob Lambert Parks and Recreation Department Director i a 8080 Mitchell Rd. y Eden Prairie,MN 55344-4485 c Fax:952-949-8480 a 3 Dear Mr.Lambert: B RE Feasibility Study for an Outdoor Aquatic Attraction-EAM Prairie,MN a Subject:Proposal for services N aUSAquatics,Inc,is pleased to have the opportunity to present this proposal to you for aquatic consulting and aquatic engineering. Per our meeting on December 7,2005,USAquatics proposal is based on the desire to determine the feasibility of a free standing outdoor aquatic venue which would be able to be funded by a revenue bond,along with a two other options at lesser capital cost amounts ($300,000;$500,000,and$800,000). USAquatics,Inc.scope of responsibility will be as follows: h C1 in The study would consist of the following items: eH h M Analyses of Existing Facilities h in an effort to not duplicate facilities and to prevent future issues with existing facilities in the area, an assessment of the existing facilities should be done. CO inProgramming Meetings Meet with owners representatives,pool committee,etc.to discuss needs and wants,define the aquatic program,review site and budget(two meetings included). We have an exhaustive survey c and library of examples to complete this portion of the project. There are no cookie cutter designs o from USAquatics. n Analyses Review and summarize information found and determine feasibility of aquatic expansion and/or o renovations. If feasible,create three different Facility layouts,all of which meet the owners aquatic m program needs as defined in previous step(one each at three cost levels). Line item budget d estimates are included. a: N Facility Layout Meeting .° Meet with the owner,present findings and the schematic designs(if determined feasible). 5 Breakdown layouts into positives and negatives,likes and dislikes,etc. The owner is an integral d part of the design team Historically this meeting has taken anywhere from 1 to 3 hours and we C have always left the meeting with a general consensus. (One meeting included) m Analyses CM Finalize three individual layouts at three different capital cost levels as previously stated The layouts must meet budget and aquatic programming issues(if feasible at each cost level). Analyze local demographics,capital costs,operational expenses and revenue projects to determine feasibility of the use ofarevenue bond. 19QURTIC CONSULTING & DESIGN Page 1 of �'d *RRQ ;P/.R Rq/. c"T tunhwc:n di.n:Rn cn cT Dart I I EDEN PRAME PROPOSAL 2 tN15 December 1 Final Feasibility Presentation Present final report including data found and the pretty pictures needed for selling the project to interested parties. 'Fee USAquatics proposes a fee schedule to complete the tasks'as outlined. The fees do not include reimbursable expenses.The fee includes meetings required with staff,as previously stated,in addition to one additional meeting for a public presentation or presentation to council. Additional meetings will be billed per the attached schedule of fees. Fee:$4,850.00 plus reimbursable expenses 6 copies of the final report are included in the proposal. Copies above 6 will be charged at cost+.15%. If line items above are eliminated from the work,reallocation of some of the fee amounts may be required. We strive to tailor the fee structure to the client's expectations and requnmments. However,there are services the client can provide.The proposal assumes owners representative(staf)is part of the team and will collect dt provide data relative to attendance. If desired,the amount of services for a particular task of the work plan can be modified or eliminated to keep the fee in balance with budgetary requirements. As always,we would appreciate the opportunity to discuss our fees and their development. Please contact us with any questions or comments at(763)972-5897 or E-mail me at trschaffer(a usaa uaticsinc.com. Respectfully Submitted, t Thomas K Schaffer I - USAquatics,Ina Srg+ratxre f Dare Page 2 of 4 C'OI 4.O0C 71 C pal e1T i unhuen air n 70n On cT !tart CITY COUNCIL AGENDA DATE: SECTION: Consent Janu 17, 2006 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VILF. Janet Jeremiah,Director of Community Development Move to accept Amendment No. 1 to Joint Powers Molly Koivumaki, Manager, Agreement for CDBG Services Housing and Human Services Requested Action Move to: Approve Amendment No. 1 to the Joint Powers Agreement for CDBG Services between the City of Eden Prairie and the City of Minnetonka. The amendment includes the addition of Section 10,Liability Limitation. Synopsis The Eden Prairie City Attorney's Office notified the Community Development Director of the following information: A recent court decision adjudged a city, party to a joint powers agreement, vicarious liable for damages to the extent of the maximum permitted under Minnesota Statues limiting municipal tort liability, even though the city was not negligent or responsible for plaintiffs injuries. Following the theory of the case, a city could be liable directly for damages in the maximum amount provided by the limiting statue plus indemnification of another party to a joint powers or cooperative agreement also to the maximum amount. As a result, we are recommending inclusion of language in joint powers and cooperative agreements designed to limit a parry's obligation to indemnify another party to the statutory limits permitted under Minnesota law so that the obligation to indemnify will not cause the indemnifying party to exceed the single maximum limits provided by Minnesota Statues. Attachment Amendment No. 1 to Joint Powers Agreement for CDBG Services AMENDMENT NO. 1 TO JOINT POWERS AGREEMENT FOR CDBG SERVICES THIS AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT FOR CDBG SERVICES is made as of the day of January,2006,by and between the City of Minnetonka and the City of Eden Prairie, both of which are Minnesota municipal corporations with the power to cooperatively exercise municipal powers pursuant to Minn. Stat. §471.59. WHEREAS,the parties entered into an agreement entitled"Joint Powers Agreement for CDBG Services"executed by the City of Eden Prairie on May 3, 2005 and the City of Minnetonka on May 31,2005 (the"Agreement"); and WHEREAS,the parties desire to amend the Agreement to limit their liability with respect to indemnification by one party to the other. NOW THEREFORE, the parties agree to amend the Agreement by adding Section 10 thereto as follows: 10. Liability Limitation. No party to this Agreement shall be required to pay on behalf of itself and any other party or parties any amount as indemnification to a party or parties, arising by operation of law or otherwise, in excess of the limits of liability applicable to the party required to pay as established in Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the party required to pay. The limits of liability for some or all of the parties may not be added together to increase the maximum amount of liability for any party. This Agreement imposes no express indemnification requirement, and no such requirement may be inferred from the existence of this section. The intent of this section is to limit a party's obligation to indemnify another party or parties if such indemnification arises by operation of law or otherwise. In those instances in which a party is directly liable for damages as well as for indemnification to another party, the combined liability of the party will not exceed the limits of liability under Minnesota Statutes Chapter 466 applicable to the liable party or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the liable party IN WITNESS WHEREOF,the undersigned Governmental Units, by action of their governing bodies,have caused this Agreement to be executed. Date: CITY OF MINNETONKA By Its Mayor And Its City Manager Date: CITY OF EDEN PRAIRIE By Its Mayor And Its City Manager CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.G. Mary Krause Approve Extension of Conditional Use License Public Works/Engineering Agreement with Hennepin County for Provision of Electronic Data for Mapping Purposes Requested Action Move to: Adopt the resolution extending Conditional Use Agreement with Hennepin County from December 31,2005 to December 31, 2006 for electronic geographical digitized data for use in mapping of the City. Synopsis Hennepin County has provided electronic digitized half-section map data to the City of Eden Prairie. The City uses this data to produce mapping. The original Agreement was approved by Council on February 2, 1999. Attachments Resolution Hennepin County Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES WHEREAS, a Conditional Use Agreement has been previously approved which identifies the obligations regarding the transfer and use of electronic digitized data files for use in mapping; and WHEREAS, THE City Engineer recommends approval of the extension of said Conditional Use License Agreement. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie That said extension of Conditional Use License Agreement is hereby approved and the Mayor and City Manager are authorized to execute the extension of the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 17,2006. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk .HHennepin County Taxpayer Services Department Survey Division, Suite A-703 612-348-3131,Phone Hennepin County Government Center www.co.hennepin.mn.us Minneapolis,Minnesota 55487-0073 December 15,2005 Mary Krause, Design Engineering City of Eden Prairie 8080 Mitchell Rd. Agreement# A12099 Eden Prairie, MN 55344-2230 Hennepin County desires to extend the above referenced EPDB Conditional Use License Agreement through December 31,2006. If you as a Government Unit,Consultant/Third Party or Private Corporation, desire to extend the above-reference Agreement,the following requirements must be satisfied as they pertain to your entity. Please return the required information to Hennepin County,Attention: Robert Moulder(at the address stated at the top of this page). A.) GOVERNMENTAL UNIT MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER;IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. NOTE:SUCH OFFICIAL MUST ATTACH TO THIS LETTER A COPY OF THEIR STATUTORY OR CHARTER AUTHORITY TO APPROVE THE AGREEMENTS. B.) CONSULTANT/THIRD PARTY MUST PROVIDE THE COUNTY A COPY OF AFFIRMATION BY GOVERNMENTAL UNIT THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO. . THROUGH THE YEAR 2005. IN ADDITION, CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. C.) PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY.. An Equal Opportunity Employer Recycled Paper As authorized by the Agreement and noting the above requirements,which pertain to you specifically, please indicate below your intention to extend or not to extend this agreement through the year 2006. Please return the originals of this page and the acknowledgement page and a copy of affirmation as Consultant/Third Party,as required,to the attention of Robert Moulder at the address shown at the top of page 1 as soon as possible. Please check (X) appropriate bog. It IS our intention to extend this agreement through the year 2006. It is NOT our intention to extend this agreement through the year 2006. We no longer require this information. Signature: Date: Authorized Signature Title: If you have any questions about this notice,please call Robert Moulder at 612-348-2618 for assistance. Sincerely, Sandra IL Vargas County Administra CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.#06-5665 ITEM NO.: Ed Sorensen Award Contract Public Works 2006 Well Rehabilitation Program Ul Requested Action Move to: Award contract for the 2006 Well Rehabilitation Program to Bergerson-Caswell, in the amount of$162,253. Synopsis An important preventative maintenance program for our water supply consists of taking 20%of our wells out of service on an annual basis to perform inspections,routine maintenance and repairs that are identified in the process. In 2006, Wells No. 4, 5, 9 and 14 are scheduled for the program. Four bids were received and staff recommends that the project be awarded to the lowest responsible bidder—Bergerson-Caswell—in the amount of$162,253. Background Information Four bids were received for the 2006 work as follows: Contractor Base Bid E.H. Renner& Sons, Inc. $182,358.00 Keys Well Drilling Company $192,315.00 Traut Wells, Inc. $192,070.00 Bergerson-Caswell, Inc. $162,253.00 In years past, staff has contracted with well drillers to perform these activities on a time and materials basis, without using a formal bidding procedure. In reviewing this practice,we conclude that we have not followed the standards of our required procurement process for this type of work. As a result, a Professional Services Agreement was developed with TKDA to prepare standard specifications that could be utilized in future work. These specifications were prepared for the specific work contemplated in 2006,but are adaptable for future years. Our practice is to conduct this rehabilitation program for each well on a five-year cycle. With fourteen wells currently in place and a fifteenth well under construction, three wells undergo this preventative process each year. The attached detailed bid tabulation provides a summary of all of the steps anticipated in the project. It is expected that not all elements of the work activities will be required, since the extent of rehabilitation is unknown until inspections occur. Therefore, it is expected that the bid price should be the upper end of the expected cost for 2005. However, inspections could lead to additional unanticipated work. Finally,based on the City of Minnetonka experience with pre-qualification of bidders, the specifications did include a point system to evaluate the capability of each bidder. All but one of the four contractors bidding this project met a minimum 30-point standard and the final award is based on"low bid". Staff recommends award of the contract to Bergerson-Caswell. CITY COUNCIL AGENDA DATE: SECTION: Consent Janu 17,2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VILI. Karen Kurt, HR Manager Office of the City Manager Approval of 2005 Pay Equity Report Requested Action Move to: Receive the 2005 LGPEA Pay Equity Report and approve submittal of the report to the State. Synopsis In 1984,the Minnesota Legislature passed the Local Government Pay Equity Act(LGPEA). This state law requires all public jurisdictions such as cities, counties, and school districts to eliminate any sex-based wage inequities in compensation. The City of Eden Prairie is required to submit a pay equity report every three years to demonstrate compliance with this law. The attached report for 2005,which must be approved by the Council, is due January 31, 2006. Our analysis of the data contained in the report indicates that the City is currently in compliance with this law. Attachment 2005 LGPEA Report Pay Equity Implementation Report :—For Department Use Only - ' Send completed report to: Pay Equity Coordinator Postmark Date of Report Department of Employee Relations 200 Centennial Building - 658 Cedar Street (651)296-2653(Voice) 842 Jurisdiction ID Number St.Paul,MN 55155-1603 (651)282-2699(TDD) — Part A:Jurisdiction Identification Jurisdiction: City of Eden Prairie Attn:Human Resources Jurisdiction Type: CITY 8080 Mitchell Rd Eden Prairie,MN 55344 Contact: Manager of Human Resources Karen Kurt Phone:(952)949-8437 Fax: 9529498589 Email: kkurt@edenprairie.org Part B:Official Verification 0 The job evaluation system used measured skill,effort 0 No salary ranges/performance differences. responsibility and working conditions and the same ❑ Leave blank unless BOTH of the following apply: system was used for all classes of employees. The system used was: IConsultant System(Srecify a. Jurisdiction does not have a salary range for any job Describe: Decision Band Method(DBM) class. b. Upon request,jurisdiction will supply documentation �— showing that inequities between male and female J classes are due to performance differences. 0 Health Insurance benefits for male and female classes of comparable value have been evaluated and: Note: Do not include any documentation regarding ere is no difference 1 and performance with this form. female classes are not at a disadvantage. 0 An official notice has been posted at: 0 ❑✓ City Center Entry Information in this report is complete and accurate. - (prominent location) informing employees that the Pay Equity Implementation Report has been filed and is available to employees upon 0 ❑✓ The report includes all classes of employees over request. A copy of the notice has been sent to each exclusive which the jurisdiction has final budgetary approval representative,if any,and also to the public library. authority. The report was approved by: City Council - (governing body) (chief elected official) Part C:Total Payroll Mayor _ $16,637,955.00 _ (title) is the annual payroll for the calendar year just ended December 31. ❑ Checking this box indicates legal signature by above official. I Compliance Report 01/09/200E Jurisdiction: City of Eden Prairie Attn: Human Resources Contact: Karen Kurt Phone:(952)949-8437 Manager of Human Resources Insurance Added? Job Evaluation System Used: The statistical analysis,salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity Report data. Parts II, 111 and IV give you the test results. For more detail on each test,refer to the guidebook. I.GENERAL JOB CLASS INFORMATION Male Female Balanced All Job Classes Classes Classes Classes #Job Classes 56 35 7 98 #Employees 188 82 63 333 Avg.Max Monthly $4,995.15 $4,469.09 $4,557.34 Pay per Employee II. STATISTICAL ANALYSIS TEST Male Female A.UNDERPAYMENT RATIO= 87.5 Classes Classes a.#at or above Predicted Pay 35 20 b.#Below Predicted Pay 21 15 C. TOTAL 56 35 d.%Below Predicted Pay 37.50 42.86 (b divided by c=d) (Result is%of male classes below predicted pay divided by%of female classes below predicted pay) B.T-TEST RESULTS Degrees of Freedom(DF)= 268 Value of T= -2.501 a.Avg.diff.in pay from predicted pay for male jobs= $1 b.Avg.diff.in pay from predicted pay for female jobs= $52 111.SALARY RANGE TEST= 110.00 % (Result is A divided by B) A.Avg.#of years to max salary for male jobs= 5.50 B.Avg.#of years to max salary for female jobs= 5.00 IV.EXCEPTIONAL SERVICE PAY TEST 0.00 A.%of male Gasses receiving ESP 3.57 B.%of female classes receiving ESP 0.00 (if 20%or less,test result will be 0.00) Job Class Data Entry Verification List City of Eden Prairie Attn:Human Resources LGID: 3 Case: Pay Data 2005 Status: Job Class Nbr Nbr Class Jobs Min Mo. Max Mo. Yrs to Max Yrs of Exceptional Nbr Title Males Females Type Points Salary Salary Salary Service Service Pay 89 Liquor Store Clerk 22 12 B 667 $1,560.00 $2,166.67 0 0 91 Seasonal Maintenance Worker 6 0 M 667 $1,560.00 $2,166.67 0 0 92 WSI Swim Instructor/Life Guard 4 5 B 667 $1,560.00 $2,166.67 0 0 93 PT Customer Service Asst 1 3 F 667 $1,560.00 $2,166.67 0 0 90 Facilities Helper 7 0 M 1000 $1,828.67 $2,686.67 0 0 1 Customer Service/Office Assist 0 9 F 1333 $2,740.08 $3,467.17 0 0 2 Facilities Technician 2 0 M 1333 $2,740.08 $3,467.17 0 0 101 Maintenance Worker-Fleets 2 0 M 1333 $2,490.83 $3,513.50 5.00 0 3 Administrative Assistant 0 4 F 1600 $2,968.67 $3,757.33 0 0 4 Animal Control Officer 2 0 M 1600 $2,968.67 $3,757.33 0 0 5 Technician 1 0 13 F 1600 $2,968.67 $3,757.33 0 0 94 Maintenance Worker 32 1 M 1600 $2,700.50 $3,724.92 5.00 0 6 Administrative Assistant II 0 5 F 1800 $3,196.58 $4,046.08 0 0 7 Asst Liquor Store Manager 0 3 F 1800 $3,196.58 $4,046.08 0 0 8 Technician II 0 6 F 1800 $3,196.58 $4,046.08 0 0 82 Telecommunicator 1 10 F 1800 $3,386.93 $3,962.40 5.00 0 95 Maintenance Worker Specialist 3 0 M 1800 $2,700.50 $3,816.83 6.00 0 9 Engineering Technician 0 1 F 2000 $3,424.50 $4,335.92 0 0 10 Executive Assistant 0 1 F 2000 $3,424.50 $4,335.92 0 0 11 Forestry Technician 1 0 M 2000 $3,424.50 $4,335.92 0 0 12 Investigative Aide 0 1 F 2000 $3,424.50 $4,335.92 0 0 13 Sr Asst Liquor Store Manager 1 0 M 2000 $3,424.50 $4,335.92 0 0 14 Technician III 0 1 F 2000 $3,424.50 $4,335.92 0 0 15 Facilities Engineer 2 0 M 2000 $3,424.50 $4,335.92 0 0 96 Lead Maintenance Worker 3 0 M 2000 $2,700.50 $3,960.67 7.00 0 97 Plant Operator 13 0 M 2000 $3,220.50 $3,960.67 5.00 0 98 Water Plant Senior 1 0 M 2000 $3,220.50 $4,210.27 6.00 0 99 Mechanic 2 0 M 2000 $2,700.50 $3,960.67 7.00 0 100 Mechanic Lead 2 0 M 2000 $2,700.50 $4,210.25 8.00 0 16 Accountant 0 1 F 2200 $3,710.00 $4,698.25 0 0 Job Class Data Entry Verification List City of Eden Prairie Attn:Human Resources LGID: 3 Case: Pay Data 2005 Status: Job Class Nbr Nbr Class Jobs Min Mo. Max Mo. Yrs to Max Yrs of Exceptional Nbr Title Males Females Type Points Salary Salary Salary Service Service Pay 17 Appraiser 1 0 1 F 2200 $3,710.00 $4,698.25 0 0 18 Engineering Technician II 1 0 M 2200 $3,710.00 $4,698.25 0 0 19 Human Services Coordinator 0 1 F 2200 $3,710.00 $4,698.25 0 0 20 IT Technician 2 0 M 2200 $3,710.00 $4,698.25 0 0 21 Planner 1 0 1 F 2200 $3,710.00 $4,698.25 0 0 87 Accountant-PT 0 1 F 2200 $3,710.00 $4,698.25 0 0 88 Police Projects Coordinator 0 1 F 2200 $3,710.00 $4,698.25 0 0 22 Building Inspector II 7 0 M 2400 $4,173.83 $5,286.58 0 0 23 Electronic Communications Teel 1 0 M 2400 $4,173.83 $5,286.58 0 0 24 Fire Prevention Specialist 3 0 M 2400 $4,173.83 $5,286.58 0 0 25 Senior Engineering Technician 3 1 B 2400 $4,173.83 $5,286.58 0 0 81 Police Patrol/Investigations 38 7 M 2400 $3,714.53 $5,135.87 5.00 0 PERFORMANCE 26 Communications Coordinator 0 1 F 3000 $4,052.08 $5,673.00 0 0 27 Facilities Supervisor 2 0 M 3000 $4,052.08 $5,673.00 0 0 28 Historic Preservation Spec 1 0 M 3000 $4,052.08 $5,673.00 0 0 29 Staffing Specialist 0 1 F 3000 $4,052.08 $5,673.00 0 0 30 Records Supervisor 0 1 F 3000 $4,052.08 $5,673.00 0 0 31 .Recreation Coordinator 11 3 5 B 3000 $4,052.08 $5,673.00 0 0 32 Telecommunications Supervisor 0 1 F 3000 $4,052.08 $5,673.00 0 0 33 Zoning Administrator 0 1 F 3000 $4,052.08 $5,673.00 0 0 34 Engineering Project Coordinatr 1 0 M 3000 $4,052.08 $5,673.00 0 0 35 Comm Center Office Supervisor 0 1 F 3000 $4,052.08 $5,673.00 0 0 36 Appraiser 11 1 1 B 3625 $4,337.67 $6,072.75 0 0 37 City Clerk 0 1 F 3625 $4,337.67 $6,072.75 0 0 38 Liquor Store Manager 1 1 B 3625 $4,337.67 $6,072.75 0 0 39 IT Specialist 1 0 M 3625 $4,337.67 $6,072.75 0 0 83 Planner II 1 0 M 3625 $4,337.67 $6,072.75 0 0 40 Appraiser III 2 0 M 3875 $4,565.58 $6,391.83 0 0 41 Environmental Coordinator 0 1 F 3875 $4,565.58 $8,391.83 0 0 42 Technology Analyst/Developer 1 0 M 3875 $4,565.58 $6,391.83 0 0 Job Class Data Entry Verification List City of Eden Prairie Attn:Human Resources LGID: 3 Case:Pay Data 2005 Status: Job Class Nbr Nbr Class Jobs Min Mo. Max Mo. Yrs to Max Yrs of Exceptional Nbr Title Males Females Type Points Salary Salary Salary Service Service Pay 43 Sr.Human Resources Generalist 0 1 F 3875 $4,565.58 $6,391.63 0 0 44 Utilities Supervisor 1 0 M 3875 $4,565.58 $6,391.83 0 0 45 Park Const&Repair Supervisor 1 0 M 3875 $4,565.58 $6,391.83 0 0 80 Police Sergeant 12 1 M 3875 $6,063.20 $6,063.20 1.00 0 PERFORMANCE 46 Street Maintenance Manager 1 0 M 4125 $4,793.50 $6,711.00 0 0 47 Senior Planner 1 0 M 4125 $4,793.50 $6,711.00 0 0 48 Senior Project Engineer 0 1 F 4125 $4,793.50 $6,711.00 0 0 49 Senior Traffic Engineer 1 0 M 4125 $4,793.50 $6,711.00 0 0 50 Park Maintenance Supervisor 1 0 M 4125 $4,793.50 $6,711.00 0 0 51 Senior Accountant 0 1 F 4125 $4,793.50 $6,711.00 0 0 52 Utility Operations Project Mgr 1 0 M 4125 $4,793.50 $6,711.00 0 0 53 Assistant City Engineer 1 0 M 4375 $5,078.92 $7,110.50 0 0 54 Assistant to the City Manager 1 0 M 4375 $5,078.92 $7,110.50 0 0 55 Communications Manager 1 0 M 4375 $5,078.92 $7,110.50 0 0 56 Economic Development Manage 1 0 M 4375 $5,078.92 $7,110.50 0 0 57 Facilities Manager 1 0 M 4375 $5,078.92 $7,110.50 0 0 58 Fire Marshal 1 0 M 4375 $5,078.92 $7,110.50 0 0 59 Liquor Store Operation Manager 1 0 M 4375 $5,078.92 $7,110.50 0 0 60 Support Services Manager 1 0 M 4375 $5,078.92 $7,110.50 0 0 61 Manager of Housing&Human S, 0 1 F 4375 $5,078.92 $7,110.50 0 0 79 Police Lieutenant 3 1 B 5250 $6,611.09 $7,012.79 2.00 0 PERFORMANCE 62 Building Inspections Manager 1 0 M 5667 $5,844.42 $8,182.17 0 0 63 Information Technology Manage 0 1 F 5667 $5,844.42 $8,182.17 0 0 64 Recreation Manager 0 1 F 5667 $5,844.42 $8,182.17 0 0 65 Public Works Superintendent 1 0 M 5667 $5,844.42 $8,182.17 0 0 66 Parks&Natural Resources Mgr 1 0 M 5667 $5,844.42 $8,182.17 0 0 67 City Assessor 1 0 M 6000 $6,218.25 $8,705.58 0 0 68 City Engineer 1 0 M 6000 $6,218.25 $8,705.58 0 0 69 City Planner 1 0 M 6000 $6,218.25 $8,705.58 0 0 70 Finance Manager 0 1 F 6000 $6,218.25 $8,705.58 0 0 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17,2006 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VII.J. Community Development Resolution amending Resolution No. 2006-08 by Molly Koivumaki, Manager, Amending the Meeting Dates for Human Rights Housing and Human Services and Diversity Commission for 2006 Requested Action Move to: Adopt resolution amending Resolution No. 2006-08 by amending the meeting dates for the Human Rights and Diversity Commission from the second Tuesday to the third Thursday of each month, for the months of February, March and April,2006. Background A scheduling conflict will prevent one Commissioner from attending the Human Rights and Diversity Commission meetings for the next three months. Commissioners discussed the situation and proposed a solution to move the meeting dates to better accommodate all of the Commissioners schedules. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION AMENDING RESOLUTION NO.2006-08 BY AMENDING THE MEETING DATES FOR THE HUMAN RIGHTS AND DIVERSITY COMMISSION FOR 2006 BE IT RESOLVED,that Resolution No. 2006-08 is amended by changing chars in the meeting dates for the Human Rights and Diversity Commission from the second Tuesday to the third g tY Y Thursday of each month, for the months of February,March and April, 2006. ADOPTED by the Eden Prairie City Council this 17'b day of January 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.K. Scott Neal, City Manager Dr. Jean L.Harris Scholarship Fund Requested Action Move to: Authorize the City Manager to execute a scholarship agreement with the Eden Prairie Foundation. Synopsis The City has been managing the Dr.Jean L. Harris Scholarship Fund for the past five years. Managing a scholarship fund, however, is not an allowable financial activity for a Minnesota municipality under Minnesota State Statutes. In order to preserve the scholarship fund,the Eden Prairie Foundation has stepped forward and agreed to establish a designated scholarship fund within its financial operations to serve this purpose. An agreement has been developed and review by legal counsel for the Foundation and the City to establish the new scholarship fund. Adoption of the motion authorizes the City Manager to initiate the agreement with the Foundation on behalf of the City. I recommend approval of the motion. Attachment Agreement EDEN PRAIRIE FOUNDATION Designated Scholarship Fund Agreement This Agreement (the"Agreement") made on , 200_, is between the Eden Prairie Foundation (the "Foundation"), a Minnesota nonprofit corporation located at 8080 Mitchell Road, Eden Prairie, MN 55344 that is a tax-exempt public charity under Section 501(c)(3) of the Internal Revenue Code, and the (the "Organization"), also a Minnesota nonprofit corporation. 1. The Organization intends to convey certain properties to the Foundation within the near future. This conveyance will constitute an outright contribution to the Foundation to be used in carrying out the Foundation's general charitable purposes. The Foundation shall establish a designated fund (the "Fund"), to be named the Fund, to hold contributions to the Foundation that are made by or for the benefit of the Organization from time to time. 2. The Fund shall be used to support the mission and programs of the pp P 9 Organization that are consistent with the mission of the Foundation, subject to Foundation Board approval of written requests from the Organization President or other authorized officer. 3. The current use of the monies that will constitute the initial contribution to the Fund is to finance the Dr. Jean L. Harris Scholarship. To the extent that Organization requests that Fund monies be used for such scholarship or any other scholarship (collectively, "Scholarships" and individually, each a "Scholarship"), Organization agrees that, it will publicize such Scholarships; create, distribute and collect applications for such Scholarships; review completed applications for such Scholarships; select Scholarship recipients; and request distributions from the Fund in writing on behalf of the intended Scholarship recipients. Each written request shall include the intended Scholarship recipient's name, the proposed amount of the Scholarship, and the institution that the proposed recipient will attend. 4. Attached hereto as Exhibit A is a copy of all Scholarship application(s) and all criteria used by Organization in selecting Scholarship recipients. Organization will notify Foundation immediately in writing of any changes to such applications and criteria. Organization will ensure that the qualification and selection of Scholarship recipients has been done on an objective and nondiscriminating basis from a pool of applicants sufficiently broad so as to qualify as a charitable class and as necessary to fully comply with all applicable tax and legal requirements, including, without limitation, the requirement that the requested Scholarships be"qualified scholarships"within the- meaning of Section 117 of the Internal Revenue Code of 1986, as amended. Organization shall also ensure that those charged with selecting proposed Scholarship recipients are not in a position to derive an economic benefit, directly or indirectly, from the Scholarship program. Payments from the Fund shall be issued jointly to the 830647vl Scholarship recipient and the institution that the recipient will attend, requiring endorsement by both parties. 5. Any earnings on the Fund shall accrue to the benefit of the Foundation's general unrestricted funds in accordance with the established policy of the Foundation. 6. In the event that the expected use of the Fund described above becomes unnecessary or inappropriate for any reason, the Organization may request that it be used for a different purpose, subject to the approval of the Foundation's Board of Directors acting within the limits of its authority as an organization exempt from income taxes under Federal and State law. 7. Notwithstanding anything to the contrary, the Fund shall be subject to the requirements imposed upon funds of the Foundation under the terms and provisions of the Foundation's Articles of Incorporation and Bylaws, as amended (collectively, the "Governing Documents"), including, without limitation, the following requirements: If any restriction, condition, limitation or trust is imposed with respect to any funds or property, the title to which has become vested in the Foundation, and if, in the sole judgment of the Board of Directors of the Foundation (the "Board"), such restriction, condition, limitation or trust becomes unnecessary, incapable of fulfillment or inconsistent with the charitable, educational and cultural needs of the "City" or the "Schools" (as each term is defined in the Governing Documents), as the case may be, the Board shall have the power to modify or eliminate any restriction, condition, limitation or trust. 8. The Organization agrees to execute and deliver to the Foundation any further information and/or documents that may be reasonably required by the Foundation to further the intent of this Agreement and/or the mission of the Foundation. By signing below, both parties agree that this Agreement is effective as of the date first written above. ORGANIZATION EDEN PRAIRIE FOUNDATION By: By: Name: Name: Title: President Title: President 8306470 2 EXHIBIT A R3o647vl 3 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Community Eden View Estates Development/Planning Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 8.00 acres; and • Approve I st 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; and • Adopt the Resolution for Preliminary Plat on 8.00 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is a continued item from the December 5, 2005, City Council meeting. The project is a subdivision of 8.00 acres into 2 lots in the Rural Zoning District. Background Information The approval of the subdivision and the granting of the waivers will protect approximately 60% of the land.The land dedicated to the city will be cleared of all structures and restored with native prairie grasses. This limits the number of homes on the bluff, reducing the visual impact and saving trees and slopes from impact in the future.This approach to limited land development with waivers in exchange for dedication of land is similar to the McCall Bluff and Grootwassink projects to the east. b the developer and Turnbull Road, a private road, owned by John Turnbull has been acquiredy p is shown as dedicated right of way on the preliminary plat.The final plat shall include a 20 foot wide drainage utility easement across the north side of both lots and along Dell Road.A tree replacement plan for 95.78 inches is required and will be part of the developer agreement. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project to the City Council at the November 14, 2005, meeting. Attachments I. Resolution PUD Concept Review 2. Resolution Preliminary Plat 3. Staff Reports 4. Location Map 5. Land Use Map/Zoning Map 6. Planning Commission Minutes 7. Project Narrative EDEN VIEW ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN VIEW ESTATES FOR INSIGNIA DEVELOPMENT 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 November 14, 2005 on Eden View Estates b Insignia Development and considered their request for approval Y g P q 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 January 17,2006. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden View Estates,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 3, 2006. 3. That the PUD Concept meets the recommendations of the Planning Commission November 14, 2005. ADOPTED by the City Council of the City of Eden Prairie this 17t'day of January 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept-Legal Description: 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. EDEN VIEW ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN VIEW ESTATES FOR INSIGNIA DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eden View Estates for Insignia Development stamp dated January 3, 2006, and consisting of 8.00 acres into two lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D.Franzen, City Planner DATE: November 10, 2005 SUBJECT: Eden View Estates APPLICANT/ Insignia Development OWNER: Gary Stevens LOCATION: 17650 Flying Cloud Drive 1. Planned Unit Development Concept Review on 8.00 acres REQUEST: 2. Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 8.00 acres. 3. Preliminary Plat of 8.00 acres into two lots and one outlot Staff Report— Eden View Estates November 10,2005 BACKGROUND This site is zoned Rural. The site is guided low density residential for up to 2.5 units per acre. PRELIMINARY PLAT The plan is to subdivide 8.0 acres into two lots and one outlot.An additional 17 feet of right of way is needed along the portion of the east side of Dell Road. This will decrease the frontage of the two lots on Turnbull Road by 8.5 feet each.The house pads would be 8.5 feet narrower in order to match the setback waivers identified in the following section. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers based on the proposed site plan. Code Lot 1 Lot 2 10 acres 1.45 acres 1.32 acres 300 foot width 97.4 feet 94.2 feet front setback 50 feet 83 feet 90 feet front setback 50 feet 27 feet NA side setback 50 feet 18 feet 16 feet side setback 100 feet NA 15 feet The property could develop when sewer and water is available in the future and no waivers would be required.By granting the waivers now,the City receives 4.18 acres of land dedication and a prairie restoration plan ACCESS Access is proposed to Turnbull Road which is private property owned by John Turnbull. The Eden View Estates property currently does not have access rights to the private road. The "Agreement Concerning Purchase of Drive Aisle"is proposed by adjacent land owners.After this document is executed,the land should be dedicated to the City for right of way. 2 Staff Report— Eden View Estates November 10,2005 HISTORIC,ARCHAEOLIGICAL OR CULTURAL RESOURCE The Steven's property was initially assessed for historical significance in 1993 by Tellus Consultants, Inc. as part of the second phase of a City wide historical resources survey. The property was visited again in 2004 by staff, and most recently by Archaeological Research Services (ARS) in October of 2005. The archaeological evaluation provided by ARS determined that the site had been previously impacted or is so steeply sloped that the Eden View Estates project can proceed without risk to significant archaeological resources.The remains of the late nineteenth century farmstead located on the southern portion of the property was evaluated and does not meet the criteria standards for historical significance listed in City Code.The farmhouse has undergone numerous alterations dating back to the 1930's. Other outbuildings are in various states of disrepair, some dilapidated. Overall,the farmstead lacks the historical integrity necessary for local designation as a heritage preservation site. TREES There are 3,462 inches of significant trees on the proposed lots. Tree loss is 499 inches. The required tree replacement is 95.78 inches. SUMMARY The approval of the subdivision and the granting of the waivers will protect approximately 60% of the land. The land dedicated to the city will be cleared of all structures and restored with native prairie grasses. This limits the number of homes on the bluff,reducing the visual impact and saving trees and slopes from impact in the future.This approach to limited land development with waivers in exchange for dedication of land is similar to the McCall Bluff and Grootwassink projects to the east. The Planning Commission should discuss the following questions. 1. Should the land be subdivided now or wait until sewer and water is available? 2. Does the City benefit from granting the waivers? 3. Are the trees and slopes best protected with the two lot subdivision? STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 8.00 acres. • Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 8.00 acres. • Preliminary Plat of 8.00 acres into 2 lots and one outlot. 3 Staff Report— Eden View Estates November 10,2005 This is based on plans dated stamp dated November 7, 2005, and the following conditions: 1. Prior to City Council review, revise the preliminary plat to show 50 feet of right of way along the entire length of Dell Road and show land area on the north side of proposed Lots 1 and 2 as right of way.Provide a tree replacement plan for 95.78 inches. 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. 4. Prior to building permit issuance for the property,the proponent shall pay the cash park fees. 5. The following waivers are granted as part of the PUD. Code Lot 1 Lot 2 10 acres 1.45 acres 1.32 acres 300 foot width 97.4 feet 94.2 feet front setback 50 feet 83 feet 90 feet front setback 50 feet 27 feet NA side setback 50 feet 18 feet 16 feet side setback 100 feet NA 15 feet 6. Dedicate Outlot A to the City. 4 Area Location Map - Eden View Estates Address: 17650 Flying Cloud Drive Deli Rd.. Turnbull Rd. SITE Flying Cloud1212 a \ o tale Zoning Map Eden View Estates 17650 Flying Cloud Drive, Eden Prairie, Minnesota � r �.... _.._ r Turnbull Road 3 t Dell Road _...... -. SITE j I � 1 jj Flying CIOu12 1 City of Eden Prairie Zoning Map Rural One Family •io acre min_ Highway Commercial Shoretand Management ClAWications R144 One Family-44,E st"min. Regional Service Cammerciai : i Natural Environment Waters R}-22 One F`afn4y-22,000 s#min, Regional Commercial h� Recreational Development Waters � i General Development Waters(Creeks Only) R1-53.5 t}ue Faanity-19."st)0 s#�9n, ludus#r a7 Park-2 Acre h , t{pC Year F#oodplaln Est-a,5 One Family 9,500 s#min, Industrial Part,-5 Acre Pin_ ----�— a^igravay 93z..N.-St.Of County Road nit as{tropose:.not crynst.ucaEG aa,itais We l•,:;<x RM-6,5 Mufti•Famtiy-6.7 U.P.A.max, Genera?I3dustriai-5 Acre Wn Up dateti ahroo9h Ckdinan r.�ce 4109- 05 RM 2 5 lvlulti-Family-i7.4 U.P.A.max Public O d,nance#33-2001#8F1 AWH )3pproc+ed>tut rast sl o n rx;t;tls map Pdltiqn Cat ce Water Date,Juma 24.2KUs Ne ghborhood Commercial Right-of-Way s .a.wsx.�rpr�«crv+a.ea�ssw earnara. .ceAw✓m .wa. a Community cammerciw Chanhassen C4€€miss Guide Plan leap Eden View Estates 1765 Flying Cloud Carve, Eden Prairie, Minnesota � 33 3 7 i v r � Tumb u31 Rod Deli Road i f If SITE z 1 S Flying C�oudr'212 ' -mar,• s! City of Eden Prairie 1- Plan a 1 -2 Low Density Residential 0-2 5 UnitsiAcre Neighborhood Commercial ram=PrindpW Arferiai � Low Densityi'PublictOpen Space M community Commercial A Minor Arterial Medium Density r"dential 2,5-10 UnitsJAcre Regional Commercial --B Minor Arterial Medium Density ResidentiaPOffice Park,'open Space —Major Collector ! 1 High density Residential 10-40 Units;'Acre ,'PUbh Quasi-Public -Minor Collector Office Churchi Cemetery OKlce.Andustrial Open NWee DATET0�0"�tl93'}9' Cf3it eiPublio3L3pen Space Right i)t-yVay DATE sec 03 e- Industrial —Metropolitan Urban Service Line(MUSA) —Creeks APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,NOVEMBER 14,2005 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 Julie Krull,Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kacher, Rocheford, and Sutherland. IL APPROVAL OF AGENDA MOTION by Koenig, seconded by Nelson,to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON OCTOBER 10,2005 MOTION by Koenig, seconded by Seymour,to approve the minutes. Motion carried 6-0. PLANNING COMMISSION MEETING HELD ON OCTOBER 24,2005 Kirk stated that on page 6, approximately two-thirds of the page down,the statement that read, "The current letter from Mr.Peterson would confirm that he had one sign on his property and the sign had been there since 10/26/52", contained an incorrect date. The correct date should be 10/26/62. Franzen confirmed that the date should be 10/26/062. MOTION by Nelson, seconded by Koenig,to approve the minutes. Motion carried 4-0. Koenig and Nelson abstained. Planning Commission Minutes November 14,2005 _ Page 2 IV. PUBLIC MEETING V. INFORMATIONAL MEETING VI. PUBLIC HEARINGS A. DOUGHTY ADDITION by Baton Building Company. Location is 13200 Roberts Drive. Request is for Zoning District Change from Rural to R1-13.5 on 1.06 acres;Preliminary Plat of 1.06 acres into two lots and road right-of-way. Randy Zedlick, of the Baton Building Company, presented the proposal. He started out by stating that he is here tonight to request the lot split for the property on 13200 Robert Drive. He stated that he presented the layout and plans to Staff. He also stated they were originally purposing a three lot division but after reviewing the steep slopes and the tree loss they felt that a split down to two lots would be more feasible. Mr.Zedlick stated that the memorandum sent out by the Planning Department described that they were not asking for any variances and were also within the tree preservation guidelines. Stoelting asked Franzen to review the staff report. Franzen stated that this request is for a two lot subdivision that conforms to the R1-13.5 zoning regulations and the associated subdivision regulations. The staff recommendation is for approval according to the recommendations on page 2 and 3 of the staff report. Stoelting opened the meeting up for public input. There was no input. Koenig commented that she would like to thank the project proponent for just going with two lots instead of three because that property is extensively wooded. MOTION by Kirk, seconded by Nelson,to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Stoltz,to approve the Zoning District Change from Rural to R1-13.5 on 1.06 acres and Preliminary Plat of 1.06 acres into two lots and right-of-way based on plans stamped dated November 10, 2005, and the staff report dated November 10,2005. Motion carried 6-0. B. EDEN VIEW ESTATES by Insignia Development LLC. Location is 17650 Flying Cloud Drive. Request is for a Planned Unit Development Concept Review on 8.00 acres; Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 8.00 acres;Preliminary Plat of 8.00 acres into two lots and one outlot. Planning Commission Minutes November 14, 2005 Page 3 Don Uram, of Insignia Development LLC, presented the proposal. Mr. Uram stated that they are proposing the development of an 8 acre parcel into two residential single family lots and one outlot containing approximately 4.5 acres for dedication to the City for protection of slopes and trees. He pointed out that the development is at the intersection of a private drive on Turnbull Road and Dell Road. He also stated that they are complying with Staff s recommendations for the dedication of right of way for Dell Road. Mr. Uram stated that there is a question in the staff report regarding the dedication of the right away along the north property line. To provide access to the two single family lots, rather than from Dell Road, he stated that they were asked by the City to acquire a private driveway access to provide access to the site. He stated that along with the two other property owners directly to the east of the property they were able to acquire that property and it is owned as tenants in common with all three landowners. Mr.Uram said that City Staff has requested a right of way dedication and he informed Staff that they would comply with any of the City's requirements for their portion of the property. He pointed out that they are one-third owner and that they do not have control over the other two property owners so it turns out to be a technical issue for how they are to give the City the property. Mr.Uram emphasized that they are complying with all other Staff recommendations; including tree replacement and waivers. Stoelting asked Franzen to review the staff report. Franzen stated that there is a Summary Section on page 3 of the staff report and it is also the same one they had written for such projects as McCall Bluff and Grootwasink. He pointed out that because this site is located along the bluff,the City looked at how best they could accommodate some development while still maximizing the amount of land on the bluff that could be preserved. He stated that the staff report talked about granting of waivers for lot size in the rural district in exchange for the dedication of land and road right of way. Franzen pointed out that since it was required with similar projects the same thing should hold true for developing the Gary Stevens property. Staff recommendation is for approval based upon the conditions and requirements on page 3 and 4 of the staff report. Stoelting asked Staff if the right of way under dispute was addressed in the staff report. Gray addressed the question by stating that this should not be classified as a dispute but rather an opportunity. City had originally directed them to obtain the right to be able to use this corridor for ingress and egress and the benefit would be that these lots would not be taking access to Dell Road directly,which is a north/south roadway,but more to a corridor that would have more of a character of a residential street. This is a piece of property that serves no other purpose than access to this property and other properties but it was in private ownership and there were some disputes about to what extent other properties could use it for ingress and egress. The consortium of land owners has not acquired it and the City would like to explore the possibility that it could be dedicated as public right of way. Gray said that it should be considered a future step and not an impediment to the project itself because the City has not intended for that to Planning Commission Minutes November 14, 2005 Page 4 happen. He pointed out that the developer has more than met the goal of the City's original direction of them to obtain the right of ingress and egress. Because of this,the project stands with good merits and balance and would benefit the City in the long run. Gray stated that with the Commission's approval they would like to work with the developer and other property owners to see if the property could be set up in the future to have a public utility corridor and possibly a public street along the corridor. Stoelting asked Gray where the right of way corridor is located. Gray stated that in looking at the diagram and at lots one and two it is directly north in the rectangular box. Stoelting opened the meeting up for public input. Gary Stevens, of 17650 Flying Cloud Drive and current owner of the property, wanted to commend Michael Franzen and his Staff and the Planning Commission for what has been done for the whole southwest area and with the similar projects; Grootwasink and McCall. He is grateful that this area is not a high density housing project. Koenig asked the project proponent if he decided what species of trees he had in mind for the tree replacement plan. Mr. Uram stated that he has not given any consideration to the species of trees and asked Fox if he had a recommendation. Fox stated that Staff would take a look at what is in the surrounding area and stated that across the road there are some large burr oak trees but that any species that would keep with the character on Turnbull Road would be adequate. Nelson stated that she is pleased that this bluff area is being finished out with this project and wanted to commend the City Staff and all of the property owners for all of their work. MOTION by Koenig, seconded by Nelson,to close the public hearing. Motion carried 6-0. MOTION by Koenig, seconded by Kirk,to approve the Planned Unit Development Concept Review on 8.00 acres,the Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 8.00 acres, and the Preliminary Plat of 8.00 acres into two lots and one outlot based on plans stamped dated November 7,2005, and the staff report dated November 10, 2005. Motion carried 6-0. VII. MEMBERS' REPORTS VIII. CONTINUING BUSINESS Planning Commission Minutes November 14, 2005 Page 5 IX. NEW BUSINESS X. PLANNERS' REPORTS Franzen distributed material on the Eden Prairie Major Center Area final draft,which will be addressed at the November 280'Planning Commission meeting. This will be the only item on the agenda. XI. ADJOURNMENT MOTION by Nelson, seconded by Koenig,to adjourn the meeting. Motion carried 6-0. There being no further business,the meeting adjourned at 7:20 p.m. Eden View Estates City of Eden Prairie, Minnesota Insignia Development is proposing the plat of Eden View Estates, 2 premium lots overlooking the Minnesota River. In cooperation with the City, the Preliminary Plat exhibits over 50% of the property (the bluff) remain undisturbed and controlled by a conservation easement. In addition, Insignia will be demolishing all buildings at the base of the bluff and restoring the area to a natural environment. Insignia Development proposes two lots of 1.3 and 1.5 acres with 4.2 acres to be an Outlot. Each home site will be served by private water and sewer. Access to the homes will be provided by a shared private road(Turnbull Road). At this time, Insignia requests City Staffs acceptance of the Preliminary Plat application—Eden View Estates with the following variance; 1. Insignia proposes a tapered Dell Road ROW beginning with 33 feet at the northerly property line and expanding to 50 feet effectively at Outlot A and continuing at 50 feet south to Hwy 212. a. We believe a 100 foot ROW for Dell Road(50' each side)to be excessive b. Worst case scenario's might dictate the taking of 50 feet,however, there are no plans for Dell Road to be improved c. Insignia has cooperated with Staff and secured access to Turnbull Road to avoid Dell Road at an expense to the development We look forward to your support. Thank You. MEMNOTEM PLANNING DEPT. NOV 2 8 2005 CITY OF EDEN PRAIRIE MR MR 01NRM PLANNING DEPT. AGREEMENT CONCERNING NOV 0 7 2005 PURCHASE OF COMMON DRIVE AISLE CITY OF EDEN PRAIRIE THIS AGREEMENT CONCERNING PURCHASE OF COMMON DRIVE AISLE is made as of the_day of , 2005, by and between Insignia Development LLC, a Minnesota limited liability company (`insignia"), Jeffrey S. McCall ("McCall"), Gordon Barker and Barbara L. Barker,husband and wife (collectively,the "Barkers"), and Chicago Title Insurance Company("Escrow Agent"). RECITALS: WHEREAS, Insignia, McCall, and the Barkers (collectively, the "Parties In Interest") all own,or have an interest in, adjacent parcels of real property in Eden Prairie,Minnesota; WHEREAS, the Parties In Interest have agreed to jointly acquire a certain parcel of land that is adjacent to their respective properties, that consists of approximately 6,894 square feet of land area, and that is further described on Exhibit "A" attached hereto (the "Common Driveway Parcel'); WHEREAS, the Common Driveway Parcel is presently owned by John A. Turnball ("Tumball"); WHEREAS, the Parties In Interest desire to set forth their agreement concerning their joint acquisition of the Common Driveway Parcel, their respective obligations to pay for the costs of such acquisition and the manner in which they shall jointly use and enjoy the Common Driveway Parcel. NOW, THEREFORE, in consideration of the foregoing and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Acquisition of Common Driveway Parcel. Upon the establishment of the escrow contemplated in Paragraph 2 hereof, McCall shall execute and deliver a purchase agreement to acquire the Common Driveway Parcel upon substantially the same terms as the Vacant Land Purchase Agreement attached hereto as Exhibit "B" (the "Purchase Agreement"), and McCall shall use reasonable efforts to procure the execution and delivery of the Purchase Agreement by Turnbull and his spouse, if any. Following the full execution and delivery of the Purchase Agreement, McCall shall not agree to the amendment of any material term thereof without the prior written consent of all other Parties In Interest. 2. Establishment of Escrow. An escrow is hereby established with Escrow Agent in the total amount of$32,000.00 to pay the purchase price for the Common Driveway Parcel that is designated in the Purchase Agreement ("the Closing Escrow") through the following contributions: a. Insignia. Insignia shall herewith transmit to Escrow Agent the sum of$15,000.00 to be deposited in the Closing Escrow. b. Barkers. Barkers shall herewith transmit to Escrow Agent the sum of$15,000.00 to be deposited in the Closing Escrow. C. McCall. McCall shall herewith transmit to Escrow Agent the sum of$2,000.00 to be deposited in the Closing Escrow. 3. Closing and Disbursement of Escrow. McCall shall proceed in good faith and with reasonable diligence io complete the closing of the purchase of the Common Driveway Parcel in accordance with the terms of the Purchase Agreement (the "Closing") and in accordance with the following terms and conditions: a. Tenants-In-Corn,mon. At Closing, but prior to the occurrence thereof; McCall shall assign to both Insignia and Barkers a portion of McCall's rights under the Purchase Agreement so that unencumbered, marketable fee title to the Common Driveway Parcel is separately conveyed by Turnbull at Closing to Insignia, McCall and the Barkers with each Party In Interest owning a one-third interest as tenants-in-common. b. Disbursement from Escrow. At Closing, the parties shall cooperate in the execution and transmittal of a joint direction to Escrow Agent to disburse the entirety of the Closing Escrow in payment of the purchase price for the Common Driveway Parcel. C. Insufficient Escrow. In the event the Closing Escrow is insufficient to pay the sum of the purchase price and reasonable and necessary closing costs prorated and/or allocated to the buyers under the terms of the Purchase Agreement or by local practice, each of the Parties In Interest shall pay their respective "Proportionate Share" of such deficiency i.e. each Party In Interest will pay one- third of such deficiency). d. Use of Common Driveway Parcel. At Closing, and upon the acquisition of their respective interests in the Common Driveway Parcel, the Parties In Interest shall execute and deliver an instrument that is reasonable in form and that creates a non-exclusive easement for vehicular and pedestrian access over and across the Common Driveway Parcel that benefits each of the adjacent parcels that are owned by the Parties In Interest, which easement agreement shall otherwise contain commercially reasonable terms. 4. Duties of Escrow Agent. The acceptance by Escrow Agent of its duties under this Escrow Agreement is subject to the following terms and conditions, which all parties to this CADocuments and Settines\DavidAiLocal Settings\Temporary Internet NRes10LK2%445470.doc Escrow Agreement hereby agree shall govern and control with respect to the rights, duties, liabilities and immunities of the Escrow Agent: a. Escrow Agent is not a party to, and is not bound by, any agreement which may be evidenced by or arise out of the foregoing escrow instructions, other than expressly therein set forth, b. Escrow Agent shall be protected in acting upon any written notice, request, waiver, consent, receipt or other paper or document which Escrow Agent in good faith believe:;to be genuine and what it purports to be;and C. Escrow Agent shall not be liable for any error of judgment, or for any act done or act taken or admitted by it in good faith, or for any mistake of fact or law, or for anything for which it may do or refrain from doing in connection therewith, except its own misconduct. The undersigned hereby indemnify and agree to pay Escrow Agent for any claims or expenses arising out of this Agreement, including court costs and reasonable attorney's fees, to the extent not arising as a consequence of Escrow Agent's bad faith or misconduct. 5. Binding Effect. This Escrow Agreement shall be binding upon and inure to the benefit of the parties,their successors and assigns. 6. Applicable Law. This Escrow Agreement shall be governed by the laws of the State of Minnesota. 7. Modification. No rescission of this escrow or modification of its terms shall be effective without the written consent of each of the undersigned. 8. Escrow Fees. Escrow Agent may disburse to itself its customary escrow fee from the Escrow as compensation for the performance of its duties hereunder. 9. Notices. Any notice required or permitted by this Agreement shall be given in writing and shall be deemed to have been given when delivered in person or when deposited in the United States Mail, either certified or registered with return receipt requested, postage prepaid, or if delivered prepaid to a nationally recognized overnight courier, addressed as follows: If to Insignia: Insignia Development LLC 6889 Rowland Road. Suite 100 Eden Prairie,MN 55344 with a copy to: Gary C. Eidson Fabyanske, Westra,Hart&Thomson P.A. 800 LaSaIle Avenue Suite 1900 Minneapolis, Minnesota 55402 CADocuments and Settings0avidAlLocal Settingffemporary Internet I Ies1OLK21%445470.doc If to Barkers: Gordon and Barbara Barker 9991 Dell Road Eden Prairie, MN 55347 If to McCall: Jeffrey S. McCall 9997 Dell Road Eden Prairie,MN 55347 If to Escrow Agent: Chicago Title Insurance Company 9855 West 78"' Street Suite 350 Eden Prairie,MN 55344 Attn: Ms. Tammy Hartman and to such other address for any party or additional address as such party hereto may hereafter designate in a notice in writing given to the other parties hereto,as hereinabove provided. (signature page follows) CADocuments and SettingsTavidANLocal Settins\Temporary lntemet ,4)es\O1-K29144547R.doc THIS AGREEMENT CONCERNING ESCROW FOR COMMON DRIVE AISLE is executed and delivered as of the date first above written. Insignia Development LLC, a Minnesota limited liability company By: Its: Gordon Barker Barbara Barker Jeffrey S. McCall Chicago Title Insurance Company By: Its: CADocuments and ScttingslDavidAlLocal Sepings7emporary Intemet C IesiOLK24W45470.doc Exhibit"A" Description of Common Driveway Parcel The parcel located at 10001 Dell Road that is identified as tax parcel 30-116-22-44-0003,and that is legally described as the South 2 Rods of the North 4 Rods of that part of the SE t/ of the SE t/a Lying East of Town Road, Hennepin County, Minnesota. CADocuments and SctlinCs\DavidA\I,ocal SettingATemporary Intemet tiles\OLK29\445470.doe Exhibit`B" Co v of Purchase Agreement CADocuments and Scttings%DavidAXLucal Settin`s\Temporan•Internet C Jcs1OLK:9W45470.doc zy-j '3•ay"".',,,,;. .,t sx.�-+§ .^+.,"ry Y-.ry w,F' RIM WaRiam E sv Me Shawn P.Tracy,Environmental Biologist Earth Wizards,Inc. 1071 County Highway 10 NE,Suite 150 Minneapolis,MN 55432 8 September 2005 David Adkins Insignia Development 6889 Rowland Road Suite 100 Eden Prairie,MN 55344-3380 Dear Mr.Adkins, A We are pleased to presept you this Natural Resource Restoration Plan for the Stevens property at the intersection of Highway 212 and Dell Road in Eden Prairie,MN. In this proposed plan,we identify the materials,methods and timeframe appropriate for restoring prairie and wetland habitats as per the request of the City of Eden Prairie. A separate letter identifies cost estimates associated with this restoration plan. Should you have any questions regarding either of these documents please don't hesitate to contact us at any time. We look forward to working with you on this project! Sincerely, Shawn P.Tracy Environmental Biologist 612 205.5739 763.784.3833 F T. PLANNING DEFT. NOV 0 7 2005 CITY OF EDEN PRAIRIE 1071 County Fliehwav 10 ME.Suite 150•Minneapolis.IMN Ph:763.784.3833•Fx:763.784.9642•shawn0rearthwizards.com•www.earthwizards.com Natural Resource Resturation P&ut-�Sterens Property,Eden Probie 8 Sepiember 2005 Natural Resource Restoration Plan: Stevens Property, Eden Prairie (HWY 212 and Dell Road) Prairie Area In order to minimize erosion potential and costs associated with mechanical cultivation every two weeks throughout the growing season of 2006,we propose to use a no-till method. The no-till method also has the advantage of not breaking down soil structure or promoting weed seed germination or infestation thereby increasing the chances for successful native seed establishment. Site Prep To prepare for the no-till installation method, Giyphosate will be applied as needed to successfully kill existing Bluegrass and weed species in the areas proposed for Prairie establishment. We expect no less than three courses of herbicide application during the;rowing season of 2006. Round-Up will be applied to upland areas and Rodeo will be applied in buffer areas from wetland edges to 25 feet upland. No cover crop will be needed for this method as the dead turf will act as erosion control. Immediately before seed drilling of the site,the entire turf area will be lightly disked to break up compact root structure. This step will increase germination in the drilled seeds. Any re-grading needed as a result of demolition should occur immediately after the demolition. These sites' soils will need to be amended with topsoil. After the amendment,a cover crop will be seeded into the area. For temporary erosion control, straw will be laid down and crimped into the soil. Any excess soils that may be the result of demolition or regrading should be used to fill the drainage gully that currently runs along the driveway to the west. Any additional material required to fill in the pulley will be brought in off site. No rill material containing invasive plant species will be used. Installation After the turf grass and weeds are effectively killed, and no less than one week after the last herbicide application,native forb,grass and sedge seeds will be drilled into the soil through the turf. According to the pre-settlement vegetationAmap by Marshner and the local soils data, this site's likely historic plant communities would likely have been anything within the range of big woods, hardwoods, tall grass prairie, oak barrens, dry savanna or prairie. Given the local soils and historical information, we propose to use the following species list to achieve pre-settlement vegetation. Earth wizards,Inc. 1 1071 County Highway 10 v.r..Suite 150•,blinncapolis.MN Ph:763.784.3833•Fx:763.784.9642•shawn0hearthwizards.com-www.earthwizards.com Natural Resource Restoration Plan:Stererts Property,Eden Prairie 8 Septetuber 005 Table 1. The proposed species list for the Dry Prairie areas of the restoration. FORKS(50% Butterfly Weed(Ascel ias tuberosa Wood Belon PeOculari5 carradensis Sky Blue Aster Aster ezureus Foxglove Beardlon ue Penstemon digitalis) White Wild Indigo Ba tisia leucantha) Purple Prairie Clover Petalostemum u ureum) Prairie Careo sis Coreo sis almata Yellow Conetlower IffatI0108 inntata) Pale Purple Coneflower(Echinacia allida) Black-e ed Susan Rudbekia hirta Rattlesnake Master(Efyngium uccifolium) Sweet Black-eyed Susan Rudbekia subtomentosa Stiff Gentian Gentians uin uefolia Brown-e ed Susan Rudbekia triloba) Western Sunflower(Helianthus occidentalis) Compass Plant JSVhPurn lamniatum Round-headed Bush Clover(Les edeza capitals) Stiff Goldenrod Solida o d tda Button Blazin Star Liatris as to Showy Goldenrod Solida o s CION) Wild Bergamot LMonarda Bstulosa) Ohio S idervrort Tredescantia ohiensts Wild Quinine(Parthenium int rifoltum) Hoary Vervain Verbena stricta GRASSES(50%) Mix of Big&Little Bluestein(Andropogon gerardii and A.sco anus) Canada Wild Rye(Elymus canadensis Side-oats Grama(Souteloua curb endula) Indian Grass(Sorghastrurn nutans) Prairie Brome Bromus calmit) Wetland and Buffer Areas The site contains 4 wetlands that were delineated by Kjolhaug Environmental Services Company in 2005. Wetlands 1, 2 and 3 occur west of the driveway on the property and appear to be seep-fed. Wetland 4 is located immediately adjacent to Highway 212. At the time of this proposal's drafting, the official delineation report was not available to Earth Wizards, Inc. However,correspondence with the delineator and Hedlund En;ineerins provided information important to this restoration plan. What was observed by Earth Wizards, Inc. on a site visit earlier in 2005 was that wetlands 1-3 were Type 2 wetlands and that wetland 4 was a Type 3 wetland. We propose that wetlands 1.2 and 3 be restored to Sedge/Wet Meadow and their buffers as Wet Prairie. Wetland 4's buffer is proposed as Wet Prairie as well, while vegetative communities within the delineation will be left as is due to its high quality. In a memo from Kjolhaug regarding these wetlands, wetland 4(30-44-A)was evaluated as "high quality" and requires a 50 foot buffer. The quality indicated by Kjolhaug for wetlands 1,2 and 3 (30-44- C, 30-44-D and 30-44-E, respectively) were moderate, low and moderate, respectively. Therefore, according to Eden Prairie's V i-tland Ordinance,buffer sizes for wetlands 1,2 or 3 should all be 25 feet in width. The total wetland buffer areas for 1, 2 and 3 overlap and are treated as one continuous buffer in this proposal. Site Prep In order to preserve soil microbial and fungal communities and to minimize breaking down of soil structure and increased invasive/exotic species seed germination,wetland buffer areas and wetland basins with turf grass will be scraped to remove vegetation and expose soils. A temporary cover crop of Oats will be applied at a minimum rate of 20 poundstacre. The site will be immediately mulched with clean straw at a rate of 1.5 tons per acre and anchored with a disk or takifier. The site will be mowed to six Earth wizards.Inc. 2 1071 County liiehway 10 N.L`•..Suite 150-Minneapolis.1V1N Ph:763.784.3833-Fx:763.784.9642•shawn0carthvizards.com-www.carthwizards.cnm Alawral Resource Restoration Plan:Sterens Properm.Eden Prairie S September 2005 inches twice per month after the cover crop is established, and before it goes to seed. in order to control weeds. In late slimmer, early fall, at least two rounds of herbicide will be applied to kill the cover crop and weeds. w Only those areas without existing native wetland vegetation will be prepped in this fashion. Those areas with a healthy community of native vegetation will be preserved. Installation A dormant, broadcast seeding will occur in fall of 2006. The prepped areas will be scarified by hand- raking. The seed will then be broadcast by mechanical spreader at a minimum rate of 30 pounds per acre. The seed mix sliall consist of at least 12 pounds of pure live seed (PLS) per acre of native prairie grasses and 3 pounds PLS per acre of native forbs. A light raking will follow broadcasting. The seeded area will then be mulched with clean straw at a rate of 1.5 tons per acre and then area will be packed. Dormant. bare-root plants will be installed into the seeded and existing wetland vegetative communities at a 24-inch spacing throughout the wetland area, but not within die buffer areas, to ensure root structure and age/development diversity of the plant community. This step aids not only in erosion control but also in enhancing Habitat diversity. This measure is not necessary in the wetland immediately off of highway 212 but will help ensure restoration goals within the wetlands on the west side of the driveway. 4 The following; species list (IvINDOT Mixture 2513) will be used for buffer restoration for all wetlands delineated on the property. Final species list will depend upon seed availability but will meet the City of Eden Prairie's Ordinat,ce NO.6-2003 Section 1 1.51.Subd.9C Standards). Table 2.The proposed species list for the buffer areas of the restoration. Grasses ReGreen NA 1 Fowl manna grass(G! ceria strieta Bluestem,big Andro on erardr Rye grass.annual LoNum itahcum Fringed brome Bromus ciliate) Switch grass(Penicum vi atum) Blue-joint grass Calama rostis Canadensis Fowl bluegrass Poa alustris Wheat grass,slender El mus track au/us) Indian rass fSorghastrurn nutans) Virginia wild-rye(El mus yirginicus Praide cord grass S artina ectinata Reed manna grass(Glycena randis) Other Graminoids: Bottlebrush sedge Carex comosa Green bulrush(Scirpus atrovirens Fox sedge(Carex vul inoidea) I Soft-stem bulrush(Scirpus vallidus Common rush Juncus effuses Woof grass(Scirpus c erinus) Forks: Canada anemone(Anemone Canadensis) Tall blazin star(Liatris nostech a Marsh milkweed Ascle ias incamale) Great blue lobelia(Lobelia si hititica) New England aster Aster novae-an tiae Monkey flower Mimulus tin ens Swamp aster Aster uniceus) Wild Ber amot Monarda fistulosa) Showy tic-trefoil Desmodium canadense) Black-eyed Susan's Rudbeckie hirta) Joe a weed(Eupatorium maculatum Grass-leaved goldenrod Solida o raminifolia) Bonesel(Eu etorium erfoliatum) 4 Ironweed(Veronia fasciculate) Early sunflower(Helix sis helianthoidesr I Blue vervain(Verbena hastate) Blue-fla iris(iris vi inice-shrevii Culver's root(Veronicastnrm vir inianum Meadow blazin star(Listris li uiist tis Golden Alexander's(Zlzea aurea Earth Wizards,Inc. 1071 County highway 10 N.E..Suite 150•Minneapolis.VIN Ph:763.784.3833-Fx:763.784.9642•shawniihearthwizards.coln-www.carthwirards.com lVatural Resource Restoration Plan:Slevens Property'.Eden Prairie 8 September 30a5 The following species list ($WSR Mixture W2. Native Sedge/Wet Meadow) will be used for within-wetland seeding and plantings for the wetlands to the west of the driveway. Final species list will depend upon seed availability but will meet the City of Eden Prairie's Ordinance NO. 6-2003 Section 11.51. Subd.9C Standards). Table 3.The proposed species list for the wetland areas of the restoration. Grasses: Slough grass.American Beckmannia s achne Manna grass,reed Gl ceria randis Brame,fringed(Bromus ciliate) Manna grass.(owl(Glyceria stdata) Blue-joint grass Calama rostis Canadensis Bluegrass.fowl Poa alustris) Wild-rVe.Virginia(EPImus vi inicus) Other Graminolds: Sedge.bottlebrush(Carex comoss) Bulrush,green Scirpus atrovirens) Sedge,tussock(Carex suicta Woolgrass IScrrpus c mhus Sedge,fox Carex vul inoidee) Bulrush,river(Scitpus Iluviatilis Rush,slender Juncus tenuis Bulrush,soft-stem jScirpus vafidus) Forbs: Anemone.Canada Anemone Canadensis Iris,blue-flag Irfs versicolar) Milkweed,marsh Asclepias incarnate) Blazin star,meadow Liatris li uli lis) Aster,swam Aster uniceus) Lobelia,great-blue(Lobelia siphilitica) Aster,nat-to d(Aster umbellatus) Monkey flower(Mimufus rrn ens) Joe a weed(Eupatorium maculatum) Mint,mountain(P anthemum vi inranum) Boneset(Eu atorium rfoliatum) Goldenrod,giant Solids o i antean) Goldenrod, rass-leaved(Euthamia raminifolia) Vervain,blue(Verbena hastate) Sneezeweed Helenrum autumnale) Ironwead(Veronia fasciculate Sunflower,serrated(Heltanthus rosseserratus) Culvefs root Veronicastrum vi rnrcum) t I Schedule Task Approximate Timeframe Prairie 1. Site Prep After building demolition's completion,2006 2. Installation Fall 2006 Weilmids 1. Site Prep Summer 2006 2. Installation Fall 2006 Earth Wizards,Inc. 4 1071 County Highway 10 N.E..Suite 150-Minneapolis.NIN Ph:763.784.3833•Fx:763.784.9642•shawnO)earthwizards.com•www.carthwi7ards.com T �n p C01TIT I� PLANNING GErT. NOV 0 7 2005 CITY OF EDEN PRAIRIE REPORT ON CULTURAL RESOURCES RECONNAISSANCE SURVEY FOR THE EDEN VIEW ESTATES DEVELOPMENT, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA Prepared for: Insignia Development, LLC 6889 Rowland Road, Suite 100 Eden Prairie, MN 55344-3330 By: Christina Harrison, Principal Investigator Archaeological Research Services 1812 15th Avenue South Minneapolis, MN 55404 (612) 870-9775 October 2005 CONTENTS MANAGEMENT SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . i 1.0 INTRODUCTION; DESCRIPTION OF SURVEY AREA AND PROPOSED UNDERTAKING 1 2.0 ENVIRONMENTAL AND CULTURAL SETTING . . . . . . . . 1 3.0 ARCHAEOLOGICAL INVESTIGATION: METHODOLOGY AND RESULTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.0 CONCLUSION AND RECOMMENDATION . . . . . . . . . . . . . 8 5.0 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Appendix: Test Records FIGURES 1. Vicinity Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Topographic Setting and Identified Archaeological Sites . . . . . . . . . . . . . . . . . . . . . . 3 3. Project Area: Existing Conditions . . . . . . . . 4 MANAGEMENT SUMMARY On October 10-12, 2005, Archaeological Research Services (ARS) conducted a Phase I cultural resources inventory survey within the proposed "Eden Prairie Estates" development at 17650 Flying Cloud Drive in Eden Prairie, southwestern Hennepin County, Minnesota. The property encompasses approximately eight acres along the Minnesota River bluffs east of Dell Road and south of Turnbull Road in E/2 SEA SEA Section 30, T116N, R22W (Figures 1-2) . The survey was conducted for Insignia Development, LLC, of Eden Praire. The purpose was to assess the potential impact on historic cultural resources of proposed residential construction on the upper portion of the property and removal of existing buildings in the southern part which would be a designated outlot (Figure 3) . The northern two thirds of the survey area are part of the pronounced southward slope of a narrow ridge which overlooks the deeply cut Riley Creek valley to the north and the expansive Minnesota River valley to the south. The southern portion of the property, which abuts Flying Cloud Drive, features more gentle slope and forms part of an intermediate river terrace at the base of the bluff slope. The terrace continues for another 300 feet south of the road and overlooks Rice Lake with surrounding marshes and Minnesota River bottomlands. North of the road, nestled into the base of the river bluffs, are the remnants of one of the older farms in the valley: a late 19th century house, a barn foundation, a smaller horse barn, a smoke house, a chicken coop and several wooden sheds. The current owner, Gary Stevens, still lives on the property. Previously compiled cultural resource data indicate that river bluff properties along/near Dell Road may have considerable archaeological potential, located as they are near two groups of Native American mounds that have been recorded a short distance to the east on the crest of the narrow ridge (shown as 21 HE 24 and 21 HE 20 on Figure 2) and also less than a quarter mile east of 21 HE 21, a large mound group and Native American habitation site on a wider portion of the ridge. A number of other Native American habitation sites have also been recorded on uplands overlooking Riley Creek and the Mississippi River (Harrison 1997, 1998, 1999 and 2000; Loucks Associates 2001; Vogel, Stanley and Bettis 1994; Tellus Consultants 1992 and 1993) . About a mile east of the survey area, a short distance upstream from the mouth of Riley Creek is the historic Frederick Miller Spring. Government records and historic accounts from the late 1800s indicate that springs and seeps were well known and well used by early Euro-American settlers. Long before that, springs were also important to the the Native Americans in this area and they played a significant role in Dakota Indian spiritual beliefs (Pond 1908) . -ii- The presence of the Dakota in the study area is also well documented. The paleoenvironment and the cultural sequence of Eden Prairie have been discussed in a number of fairly recent reports listed in Section 2.0. What these and other studies have shown is a fairly consistent presence of Native American sites throughout the area - - along the floodplain, intermediate terraces and bluffs of the Minnesota River valley, along all of its tributary streams and also around most of the lakes that are drained by these waterways. Archaeological sites 'in these locations have produced materials associated with the Paleoindian Tradition (11,500 - 8000 B.P. ) , the Archaic Tradition (8000 - 2500 B.P. ) and the Woodland Tradition (2500 - 300 B.P. ) . They include extensive mound groups from the Middle and Late Woodland periods in prominent locations, particularly along the bluffs and terraces of the Minnesota River, as well as a number of habitation sites that occur throughout the area, particularly, as mentioned, around the numerous lakes and along the tributary creeks. Often, however, they were recorded in settings that have been disturbed by 19th and 20th century land use. The 21 HE 20 and 21 HE 24 mound groups that are located east of Dell Road were both mapped in the late 1800s. 21 HE 24, the one closest to the survey area, includes 21 mound features, some of them placed on a prominent bluff spur, the rest irregularly scattered towards the west along the crest of the ridge. All were still visible when the site was remapped in 1981, allowing the perimeters of the group could be clearly identified. Because the extent of the 21 HE 24 mound group had been clearly identified and accurately plotted as shown on the topographic map in Figure 1, it proved easy to establish that the western end of the mound group and the eastern edge of the survey area are clearly separated by a distance of approximately 600 feet -- first, near the survey area, the head of a ravine, the 200 feet wide neighboring residential parcel, a second ravine and then a stretch of narrow, mostly sloping wooded bluff edge without any sign of man-made mounds. Following a preliminary walkover review of the entire parcel, it seemed clear that the steepest slopes could be excluded from survey because of their obvious lack of archaeological potential. Moderately sloping areas were all inspected at intervals close enough to provide complete visual coverage. Because of fairly, intensive. pedestrian and vehicular use of the area as well as ongoing erosion and, in some spots, the removal of many trees with large root systems, subsoil exposure was generally plentiful on the bluff slope. i wer southern portion, there were numerous deeply i In the to . P disturbed areas around the residence and the outbuildings as well construction of retainin g walls as as along the banks cut for the 9 indicated in Figure 3) . Between the old barn (most recently used as a green house) and a wetland near Flying Cloud Drive, fairly recent construction of a large septic mound has also impacted the surrounding portion of the terrace, presumably scraped to provide fill for the mound. Exposure was also good to excellent along the very eroded slopes of a wooded bluff spur that parallels the eastern edge of the property along the ravine. All exposures were examined, with negative results. Only two areas -- the prominent terrace where the residence stands and its northward continuation along the western side of the ravine -- were level and undisturbed enough to warrant shovel testing. Tests measured 35-40 cm in diameter and were taken down, by 10 cm increments, into sterile mineral soil. Their locations are shown in Figure 3 and the soil profiles on appended copies of the test forms. All tests proved negative. Although the farmstead dates back to the late 1800s and is one of the properties that has been informally designated as an Eden Prairie Heritage Site, it has not been included in the City's official inventory of historic sites, nor does it appear to retain enough structural and visual integrity for such listing. The residence has been altered and modernized with later additions. All that remains of the original dairy barn is a foundation that has been further impacted by its conversion into a greenhouse, now in serious disrepair. A smaller horsebarn at the back of the complex, in the ravine, is also rather dilapidated as are many smaller buildings, a garage and a storage shed. The results of this survey indicate that the proposed Eden View Estates project can proceed without any risk of adverse impact on significant archaeological resources. 1.0 INTRODUCTION: DESCRIPTION OF SURVEY AREA AND PROPOSED UNDERTAKING On October 10-12, 2005, Archaeological Research Services (ARS) conducted a Phase I cultural resources inventory survey within the proposed "Eden Prairie Estates" development at 17650 Flying Cloud Drive in Eden Prairie, southwestern Hennepin County, Minnesota. The property encompasses approximately eight acres along the Minnesota River bluffs east of Dell Road and south of Turnbull Road in E/2 SE/4 SE/4 Section 30, T116N, R22W (Figures 1-2) . The survey was conducted for Insignia Development, LLC, of Eden Praire. The purpose was to assess the potential impact on historic cultural resources of proposed residential construction on the upper portion of the property and removal of existing buildings in the southern portion which would be a designated outlot (Figure 3) . The northern two thirds of the survey area are part of the pronounced southward slope of a narrow ridge which overlooks the deeply cut Riley Creek valley to the north and the expansive Minnesota River valley to the south. Riley Creek is a tributary to the main river which it joins approximately a mile to the east. From Dell Road, which here runs south-southeast-south down the steep bluff slope into the valley, Turnbull Road runs east along the crest of the narrow ridge, where it already provides access to several newer single-family residences and would do the same for Eden View Estates. The southern portion of the property, which abuts Flying Cloud Drive, features more gentle slope and forms part of an intermediate river terrace at the base of the bluff slope. The terrace continues for another 300 feet south of the road and overlooks Rice Lake with surrounding marshes and Minnesota River bottomlands. North of the road, nestled into the base of the river bluffs, are the remnants of one of the older farms in the valley: a late 19th century house, a barn foundation, a smaller horse barn, a smoke house, a chicken coop and several wooden sheds. The current owner, Gary Stevens, still lives on the property. East of the survey area, in SW/4 SW/4 Section 29, is another fairly steeply sloped residential lot which recently was surveyed by ARS. Between that property and the Insignia/Stevens parcel, a ravine winds back and forth across the Section 29/30 boundary, fed in part by rain water, in part by several natural springs. 2.0 ENVIRONMENTAL AND CULTURAL SETTING Previously compiled cultural resource data indicate that river bluff properties along/near Dell -Road may have considerable archaeological potential, located as they are near two groups of Native American mounds that have been recorded a short distance to r 1 _l -1 .r . �: I,s 1 .f x� •� o y.•r t `' titi,; �"ai�y �c., a,hb,r rti .� t \_ ,y.�U �.•�.rl_..t:•-' 1i��r`9', .k�'..�- ��,�'^��;. iri�.,.___'y={.Jt�x•i�i..��I:' _-G\. •G.f::1,L'.':t_.� �. 1 t_ __ 1Cr T� .�til , ,1 7 E, �, �...:'yi�• I rti � C�f•.7� '�t,�{yr:'tQ�1 �'ij ' � 1 +1 F 4 t - .X'? 'r.+.•"' ' J .., "7 ��It� \� sf 5-.• lts�Y•'7 \Ilr-k��'�1•Y l t� _� J�ln � ��`!�, �'• � D © "t'\.. �C;v:7• 'Ork.ir. `.j tty,�•r•.n-S"' '��'r�t 'V:.t.•. r� �',t�•�' �t��o try r•� `„3•) �,, r^ 'i I 1j r @37i X-1 , Ci, i ' Y -.ry i , if E '! ..-j \.tl,•, � 0 t t 't +!J`t a f t3`�;{{� ��'� � � e 1 ' �F:) -lily.. • _ � t\J li 1 n .5,� �i �i o�`7f'c}rl �'�+�rr'r�fiir�.�ti�rl�f�4iu r�H. rt r �t t _ � �ixkyL,7 S;� fhx �.:-ram a''{,^I :� �/ 1;' '�{ii d •s� , yir�ig+'�-t'_ -3— 915 c 0 -DO 5 , l 727 ri �----- - - -` 744 YW ,. BR7 Rice ah; Rine ._.. /700 69j ake 32 FIGURE 2 Eden Estates Project Area: Topographic Setting and Identified Archaeological Sites (USGS Topographic Quadrangle for Eden Prairie and Shakopee, Minn. 1967/1993) -5- the east on the crest of the narrow ridge (shown as 21 HE 24 and 21 HE 20 on Figure 2) and also less than a quarter mile east of 21 HE 21, a large mound group and Native American habitation site on a wider portion of the ridge. A number of other Native American habitation sites have also been recorded on uplands overlooking Riley Creek and the Mississippi River (Harrison 1997, 1998, 1999 and 2000; Loucks Associates 2001; Vogel, Stanley and Bettis 1994; Tellus Consultants 1992 and 1993) . About a mile east of the survey area, a short distance upstream from the mouth of Riley Creek is the historic Frederick Miller Spring. The survey area falls within the Minnesota Valley Outwash Area, a geomorphic region which encompasses the main river valley as well as the lower reaches of its tributary valleys (AES 1973: 10-11) . The main valley, as well as the uplands on either side -- part of the Prior Lake Moraine and the Twin Cities Formation (ibid: 16-17 and 40-41) -- are landscapes that were shaped by the advancing and receeding of the Des Moines Lobe during the Late Wisconsin glaciation. The uplands consist of irregular moraines and a scatter of ice disintegration features which have pitted the land surface. The massive river valley, once carved by Glacial River Warren, is now an oversized basin for the Minnesota River which is flanked by intermediate terraces that consist of silt and sand loam mantled sand and gravel deposits or bedrock. Once the glacial meltwaters had found another outlet some 7,500 years ago and River Warren declined in size and velocity, "the valley began to fill with slope sediments and a smaller river was established, fed by its recently formed tributaries. . . The downcutting of the Minnesota River Valley and its tributaries exposed the previously buried bedrock formations, and subsequently brought close to the surface an important groundwater source, the Prairie du Chien-Jordan aquifer. Numerous springs and seeps now occur in the deeply cut river valley and its tributaries (Gertz 1997, 5:1) ) . Government records and historic accounts from the late 1800s indicate that springs and seeps were well known and well used by early Euro-American settlers. Long before that, springs were also important to the the Native Americans in this area and they played a significant role in Dakota Indian spiritual beliefs (Pond 1908) . The presence of the Dakota in the study area is also well documented: "from the diaries, memoirs and oral histories of Eden Prairie's settlers we are told that Dakota people continued to occupy the Riley Creek valley near Fredrick-Miller Spring well into post-settlement times. Spring Road is visible as a trail in Section 29 on the General Land Office Map of Eden Prairie Township (1855) . The trail also appears on the Indian Trails -6- map prepared by R.R. Cook (1860) . On both maps the trail appears to cross Riley Creek at, or very near the spring, as it does today. Local lore suggests that the Dakota believed the spring to be medicinal and called it minewaucan, or "curing water" (Gertz 1997, 6:1-2) . As noted at the time of the original land survey, i.e. prior to more extensive impact by Euroamerican settlement, the varied topography of this general area allowed for a mosaic of habitats and a wide range e of resources: • The uplands on either side of the Minnesota River supported "Big Woods" hardwood forests (predominantly oak, elm, basswood, ash and maple) and stands of aspen/oak as well as oak barrens (Marschner 1974) . In the vicinity of the study area, the uplands and south-facing river bluffs were covered by open prairie. • The sheltered, deeply incised and well watered tributary valleys supported a variety of lowland trees, shrubs and herbs. As mentioned above, they also provided easy access to fresh spring water. Erosion around and within the valleys also facilitated access to lithic raw materials suitable for the manufacture of stone tools, primarily to cherts from the Prairie du Chien formation but also to cobbles embedded within the glacial till. • Down in the main valley, river bottom forest (primarily elm, ash, cottonwood, boxelder; basswood, maple, willow and hackberry) alternated with wet prairies, marshes and slough grasslands. The forest areas supported species such as white-tailed deer, cottontail rabbit, woodchuck, raccoon and bear. The prairie and prairie/woodland border would have sustained large mammals such as bison and elk, as well as numerous small species. The rivers, lakes sloug hs, and marshes contained muskrat and beaver, numerous types of waterfowl, and many species of fish and turtle (Anfinson 1990) . The paleoenvironment and the cultural sequence of Eden Prairie have been discussed in a numbe r of fairly recent reports such as those describingthe results of the city-wide y ide cultural resource survey (Tellus 1992 and 1993; Vogel, Stanley and Bettis 1994) and others that were prepared for specific projects including studies recently completed by ARS for the Settler's Ridge development, for a proposed expansion of Flying Cloud Airport and for proposed improvements at the Fredrick-Miller Spring locality (Harrison 1997, 1998, 1999, 2000a and 2000b) . What these and other studies have shown is a fairly consistent _ presence of Native American sites throughout the area -- along the -7- floodplain, intermediate terraces and bluffs of the Minnesota River valley, along all of its tributary streams and also around most of the lakes that are drained by these waterways. Archaeological sites in these locations have produced materials associated with the Paleoindian Tradition (11,500 - 8000 B.P. ), the Archaic Tradition (8000 - 2500 B.P. ) and the Woodland Tradition (2500 - 300 B.P. ) . They include extensive mound groups from the Middle and Late Woodland periods in prominent locations, particularly along the bluffs and terraces of the Minnesota River, as well as a number of habitation sites that occur throughout the area, particularly, as mentioned, around the numerous lakes and along the tributary creeks. Often, however, they were recorded in settings that have been disturbed by 19th and 20th century land use. The 21 HE 20 and 21 HE 24 mound groups that are located east of Dell Road were both mapped in the late 1800s. 21 HE 24, the one closest to the survey area, includes 21 mound features, some of them placed on a prominent bluff spur, the rest irregularly scattered towards the west along the crest of the ridge. All were still visible when the site was remapped in 1981, allowing the perimeters of the group could be clearly identified. 3.0 ARCHAEOLOGICAL INVESTIGATION: METHODOLOGY AND RESULTS Because the extent of the 21 HE 24 mound group had been clearly identified and accurately plotted as shown on the topographic map in Figure 1, it proved easy to establish that the western end of the mound group and the eastern edge of the survey area are clearly separated by a distance of approximately 600 feet -- first, near the survey area, the head of a ravine, the 200 feet wide neighboring residential parcel, and then a second ravine followed by a stretch of narrow, mostly sloping wooded bluff edge without any sign of man-made mounds. No development/grading plans were yet available at the time of the survey but the extent of proposed impact is suggested by the indicated intent to build several single-family dwellings on terraces graded into the bluff slope, all accessed from Turnbull Road. Following a preliminary walkover review of the entire parcel, it seemed clear that the steepest slopes could be excluded from survey because of their obvious lack of archaeological potential. Moderately sloping areas were all inspected at intervals close enough to provide complete visual coverage. Because of fairly intensive pedestrian and vehicular use of the area as well as ongoing erosion and, in some spots, the removal of many trees with large root systems, subsoil exposure was generally plentiful on the bluff slope. -8- In the lower southern portion, there were numerous deeply disturbed areas around the residence and the outbuildings as well as along the banks cut for the construction of retaining walls (as indicated in Figure 3) . Between the old barn (most recently used as a green house) and a wetland near Flying Cloud Drive, fairly recent construction of a large septic mound has also impacted the surrounding portion of the terrace, presumably scraped to provide fill for the mound. Exposure was also good to excellent along the very eroded slopes of a wooded bluff spur that parallels the eastern edge of the property along the ravine. All exposures were examined, with negative results. Only two areas -- the prominent terrace where the residence stands and its northward continuation along the western side of the ravine -- were level and undisturbed enough to warrant shovel testing. Tests measured 35-40 cm in diameter and were taken down, by 10 cm increments, into sterile mineral soil. Their locations are shown in Figure 3. Soil profiles were noted prior to backfilling (see appended copies of the test forms) . All the tests proved negative. Although the farmstead dates back to the late 1800s and is one of the properties that has been informally designated as an Eden Prairie Heritage Site, it has not been included in the City's official inventory of historic sites, nor does it appear to retain enough structural and visual integrity for such listing. The residence has been altered and modernized with later additions. All that remains of the original dairy barn is a foundation that has been further impacted by its conversion into a greenhouse, now in serious disrepair. A smaller horsebarn at the back of the complex, in the ravine, is also rather dilapidated as are many smaller buildings, a garage and a storage shed. 4.0 CONCLUSION AND RECOMMENDATION The surveyed parcel is separated from the western end of the 21 HE 24 mound group by approximately 600 feet of wooded, mostly sloping terrain that shows no evidence of any unrecorded mound features. Within the project area, visual inspection of numerous subsoil exposures and shovel testing of vegetation-covered areas both proved completely negative. The buildings on the property, though generally historic in the sense that they predate the 1950s, are either too altered or too dilapidated to be listed in the City's historic sites inventory. The results of this survey indicate that the proposed Eden View Estates project can proceed without any risk of adverse impact on significant archaeological resources. -9- 5.0 REFERENCES Agricultural Experiment Station (AES) , University of Minnesota 1973 Minnesota Soil Atlas: St. Paul Sheet. AES Miscellaneous Reports 120. St. Paul, Minnesota. Anfinson, Scott F. 1990 Archaeological Regions in Minnesota and the Woodland Period. In The Woodland Tradition in the Western Great Lakes: Papers Presented to Eldon Johnson, edited by Guy E. Gibbon, pp. 135-166. University of Minnesota Publications in Anthropology No.4, Minneapolis. Gertz, John 1997 City of Eden Prairie Heritage Preservation Commission Site Nomination Form. Harrison, Christina 1997 Report on Cultural Resource Reconnaissance, Pemtom-Klein Property ("The Vista"), Eden Prairie, Minnesota. Prepared for the Pemtom Land Company, Eden Prairie by Archaeological Research Services, Minneapolis. 1998 Addendum to the above. 1999 Expansion of Flying Cloud Airport: Review of Cultural Resources, Part I: Reconnaissance Survey; Evaluation of Archaeological Resources. Prepared for Metropolitan Airports Commission and Federal Aviation Administration by Archaeological Research Services, Minneapolis. 2000a Report On Partial Data Recovery, 2I HE 2I (The Fieldmann Site), City of Eden Prairie, Hennepin County, Minnesota. Prepared for the Pemtom Land Company, Eden Prairie by Archaeological Research Services, Minneapolis. 2000b Report on Archaeological Reconnaissance-Level Testing at the Fredrick-Miller Spring Site (HE-EPC-088), City of Eden Prairie, Hennepin County, Minnesota. Prepared for the City of Eden Prairie. Loucks & Associates, Inc. 2001 Phase I Archaeological Reconnaissance Survey Of a Proposed Development Area in TI16N, R22W, Portions of Sections 21, 28, and 29, Eden Prairie, Hennepin County, Minnesota. Loucks Project Report 97510, prepared for Dahlgren Shardlow and Uban, Inc. Marschner, Francis J. 1974 The Original Vegetation of Minnesota. USDA-Forest Service, North Central Forest Experiment Station, St. Paul. -10- Pond, Samuel W. 1908 The Dakota or Sioux in Minnesota As They Were in 1834. Reprinted in 1986 from Minnesota Historical Society Collections 12: 319-501, by Minnesota Historical Society Press, St. Paul. Tellus Consultants, Inc. 1992 City-wide Cultural Resource Survey of Eden Prairie, Minnesota: Year 1: 1992. Kurt P. Schweiger, Principal Investigator. 1993 Same as above, Year 2:1993. Vogel, Robert C. , David G. Stanley and E. .Arthur Bettis III 1994 Historic Landscape and Archaeological Surveys in the City of Eden Prairie, Minnesota: Cultural Resource Survey III Final Report. Bear Creek Archaeology, Inc. , Cresco, Iowa. w APPENDIX Test Records Project „t S. nt c �S+c ,ti, t::c.Vcc+ State site Location L=Ca C-- ►fir~,,; ( Cot2tytp H C C Crex Cvi S .. Date I O — 10 2 0 as -tL& uNrT: G Tfwr uMM SOIL ►RoFtLE CULTURAL MATEAlAL, SOIL PAOFSLL CArUtAL. MATCRMAL W th ,o ll lc. 101Dt,M l V P}lr: UC5 Jo .L. �pf a.•ti 17.: vt•c �v Oil..-.....t' yo....-? tirr� 1 P 60 0 �lrU w w To 1_ Cl) da �Y b .ti S.C, � Q.rti� l 4^ '� V •- 5 sN v a.( !O D.LJ o ^-��e.L•i'.2 yD l00 eK. ��100 TJ[ST' uNJT;IJ TEST tlwlT: lJ �ti'J 301L PROFILE Ctri." KAL MA7ERlAL SOIL FftFTLF CULTURAL MATEAJAL. f0 SiM. lC- m Kcc._ L1 /• 20 4130 �/ Jtl do vr,-7 w\r�ML Jo 40 40 u 5J.. so '%.L,1f 3 ro tw.J+ Go n 74 Ba pa 90 .90 104 CA(. too CM. MD RHOWN Sep 07 05 08: 42p U0 PLANNING DEPT. p,z NOV 0 7 2005 _ 651-?35e.?321 CIT.' OF EDEN PRAIRIE ' 1oL�R�OJ�►J�+CS DtDl�i11'!'C1Db'°1....l3'PdT.� 09-07-05 INSIGNIA DEVELOPMENT 959-949-3630 SOIL TESTING AND DESIGN FOR SEPTIC SYSTEMS LOCATION:2-lot subdivision at the Gary Stevens property,Eden Prairie Use of Building: SOIL TESTING TO DETERNUNE SUITABLE LOTS FOR SEPTIC SYSTEMS I did soil borings on the two parcels to be subdivided from the Stevens property on Sept.61h. The soil is primarily a fine sand with no signs of a restricting layer until after a depth of 5 feet in one of the lower borings. A percolation test was done on each parcel one being located in a tire track to check for possible compaction. In the initial fill ten inches of water swept away in less than ten minutes so the test was completed the same day. Both the primary and secondary drain field areas are within the tested area for each lot. In my opinion,both lots are suitable for in ground(trench)drain fields. The final decision as to the suitability of these lots for standard septic systems will be up to the authorities at the city of Eden Prairie. Additional testing will need to be done before a septic system design can be done for these lots. The excavating for the house pads must not with the natural drainage of the lots through the swale at the center of the property or the drain field areas will need to be moved. Trenches are designed to be at least 10 feet from any lot line and at least 20 feet frbm the house or any building with footings. The well should be located on the opposite side of the house at least 50 feet from any part of this system. All wastewater treatment sites are to be cordoned off prior to the start of any construction activity of the property. No construction traffic or grading permitted in drain field areas. All prgposed wastewater treatment sites are to be protected with a visual barrier to prevent construction traffic from encroaching into the test area and possibly causing irreversible soil damage with respect to on-site wastewater treatment and absorption_ A septic system permit will not be issued until the tested area is surrounded with snow or silt fence. This soil testing was prepared in accordance to MN Chapter 7080 rules and should be presented to the City of Eden Prairie for inspection as early as possible. All soil samples shall be left in place until this inspection and all stakes shall be Ieft in place until the system is installed Sep 07 05 08:42p p.3 •7 BARRY BROWN LICENSE#1772 i " INK'I ' ' ' f i ' -i /!/� i j 11( { 1 r I•I•I )�/{ �1.1 / ��/ / l •-ca;',`r�rl, 11111`1�\\�� \:\� � \ I`f � \.� � � r�•,\� ` `�� ~\\ ��y,• rr 19T0 or ol L4 T13 Sq(Ft, It AAr 1�111\1 1 ` x x -s. 111�11 1 11 �� ---�L - +- O11� ��` 1,1 t11{�11 111.111 1111 11` •\r `� ,�1! \ „ ,y,�„� /��`• � ) 111►1 ltllllll{11{{1 1111 11 \` ` \, ` 11 �. ` ``�` .. 1 \ in t F ] III 0 CL al Q '' �'1; ; ! r�l llllr illl l`�\�♦�•�� \ \,� �` :� J. )/� � t; , i , c /, ! `111�\ ♦ ♦'�,� •�-i � .� � �, �� •„mot �• •`fllJ11�•�Y�_ I i � 1 ��d��ls�� i 1 � h� 1 ` \ 11 �♦� .\� �\�;��— .y: �\\ "'„� ��\\{ Jill I I��1'�-•-f ! _��!)/I ,�,�1 !r. '��.j�l 1 1 ,I ' 1 ( �1` � � 41 1 / / / ��1//�l � \ � �. f� l� J 1 • I � 1 1 11 �• I ! ,I I '' 1 J �i� ,� x � 1 � Il �� a ary '' ��. 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[+i•-Gl=� '/ J !) c�c/u 1`, 30� tir 7�c tn rtliJ �3 ,3U, IJG uJcr 30. ,u`Jy Lticr 3C'. 03$ O N Depth in Feet B1 62 83 B4 �lir.c.fd SHllJc1 �.raln �:Jlrtc;►L 5l1,t/r9,� ��f6;c f� 5�.r�� /-�d.,� a To r I �Ccm TC�S•'i � �� Sr., f 1 �z mel1 rn ) 2 !D r ,3 3 •�� 4 �Yn•6'G � . g o y( 3 B y 7 a m CITY COUNCIL AGENDA DATE: SECTION: Public Hearings January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILB. Community Development/Planning Aging Joyfully Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Low Density Residential to Medium Density Residential on 1.61 acres; and • Approve 1 st 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; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is a 9 unit home care setting for up to 10 elderly men or women who are unable to remain independent due to dementia or other age related disabilities. The existing use is office. The building is one story and residential in character. The building will be remodeled on the interior. No exterior changes are proposed. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project to the City Council at its December 12, 2005 meeting. Attachments 1. Resolution for Guide Plan Change 2. Staff Report dated December 9,2005 3. Location Map 4. Land Use Map/Zoning Map 5. Aerial photo 6. Unapproved Planning Commission minutes December 12, 2005 AGING JOYFULLY 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 Aging Joyfully from Low Density Residential to Medium Density Residential Guide Plan Change,by Ken and Joy Hansen for a 9 unit eldercare facility. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie,Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: ADOPTED by the City Council of the City of Eden Prairie this 17t'day of January, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Herron,Planner I DATE: December 9, 2005 SUBJECT: Aging Joyfully APPLICANT: Ken and Joy Hansen LOCATION: 13050 Pioneer Trail REQUEST: 1. Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 1.61 acres 2. Planned Unit Development District Review with waivers on 1.61 acres. 3. Zoning District Change from Office to RM-6.5 on 1.61 acres. Staff Report—Aging Joyfully December 9,2005 PROJECT DESCRIPTION The request is for a Comprehensive Guide Plan Change to Medium Density Residential and to rezone the property to RM-6.5 for the use of a 9-unit eldercare facility. This project is a home care setting for up to 10 elderly men or women who are unable to remain independent due to dementia or other age related disabilities. BACKGROUND The Comprehensive Guide Plan shows this 1.6-acre site as Low Density Residential. The site is zoned Office. Surrounding guide plan uses consist of Medium Density Residential to the north, zoned Rural, Neighborhood Commercial to the south, zoned Neighborhood Commercial, Low Density Residential to the east, zoned R1-13.5 and Low Density to the west, zoned Rural and Industrial. In 1995, the City Council established the Senior Issues Task Force to identify the impact of changing demographics of the senior population and the resulting needs for housing, transportation,health and social services and related issues. Since 1995 the City has approved a number of senior housing projects: ■ Alterra Clare Bridge (7513 Mitchell Road) —52 units of long term care including dementia. ■ Summit Place (8501 Flying Cloud Drive)— 320 units of assisted living and long term nursing care and 50 unit cooperative ■ The Colony (431 Prairie Center Drive) —117 units assisted living, long term nursing care, and dementia ■ Realife Valley View Cooperative (10785 Valley View Road) — 50 unit cooperative COMPREHENSIVE PLAN AMENDMENT The project will require a guide plan change from to Office to Medium Density Residential. This site is adjacent to an existing Single Family Residential neighborhood to the east and Industrial and Commercial to the south and west. The appropriate land use for this site should transition between these land uses. This proposal could be considered an appropriate transitional land use for the following reason: • Multiple Family housing often used as a transitional land use between Single Family Residential and Commercial and Industrial land uses. Staff Report—Aging Joyfully December 9,2005 • The building is setback 65 feet to the neighboring Single Family Residential properties. The minimum side yard setback is 10 feet. • The mature trees onsite are a buffer between the building and neighboring Single Family Residential • The building is one story and residential in character. ARCHITECTURE AND SITE PLAN The existing building will be remodeled on the interior. No additional changes are proposed. TREE LOSS No trees will be removed with this project. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers from the City Code: • Front yard setback from 30' to 18'. The reduced setback was the result of right of way needed for highway expansion. The setback is an existing condition. • Parking from 2 spaces per dwelling unit with 1 enclosed to 3.8 spaces per dwelling unit with 0 enclosed. There are 20 surface parking spaces and 14 additional spaces for proof of parking. Senior facilities of this nature do not need the number of parking stalls required in the RM-6.5 district. The surface parking will sufficiently accommodate visitor and staff parking. Parking with waivers at similar sites: Summit Place — Parking from 2 spaces per dwelling unit with 1 enclosed to .7 spaces per dwelling unit with .3 enclosed. The Colony—Parking from 2 spaces per dwelling unit to .7 spaces per dwelling unit. UTILITIES Water is available to the site from Pioneer Trail. Staff Report—Aging Joyfully December 9,2005 SUMMARY The Commission should discuss whether the best use of the site should be Multiple Family Residential or Office use. A small office building provides adequate transition between commercial use and residential neighborhoods. A small office building does not typically generate weekend or evening traffic. An eldercare facility meets the needs of the City as identified by the Senior Issues Task Force. Multiple Family housing is a transitional land use between Single Family Residential and Commercial and Industrial land uses. STAFF RECOMMENDATION Alternative One Approval • Comprehensive Guide Plan Change from Low Density to Medium Density on 1.61 acres, • Planned Unit Development District Review with waivers on 1.61 acres, • Zoning District Change from Office to RM 6.5 on 1.61 This is based on plans dated November 28, 2005, and the following conditions: 1. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal. B. Pay all City sewer and water assessment and connection fees. 2. The following waivers to the City Code are granted as part of the PUD: A. Parking from 2 spaces per dwelling unit with 1 enclosed to 3.8 spaces per dwelling unit with 0 enclosed. Code requires 2 spaces per dwelling unit, of which 1 is enclosed. B. Front yard setback from 30' to 18'. Alternative Two Denial Recommend denial of the project to the City Council based on the following findings: 1. Parking is inconsistent with City Code and the waiver is not substantiated. 2. A small office building provides adequate transition between industrial and commercial use and residential neighborhoods. Area Location Map in- A Joyfully Aging Yf Y Address: 13050 Pioneer Trail Creek Knoll Rd i r Yorkshire La '' 212/Flying Cloud Dr aF- ITEBEE I ' Pioneer Trl I - i:. r ° No S 1 Plan M Guide a Map Aging Joyfully 13050 Pioneer Trail 1 .b I Creek KnDll Road E �a Yorkshire Lane fE. 212/Flyng Cloud Drive SITE r t } I �, x a Pioneer Trail N i f den Prairie band I ap 2001-2020 Low Density Residential 0-2.5 Units/Acre 0 Neighborhood Commercial i-.--Principal Arterial Low Density/Pubiic/OpenSpace ? communitycommerciat A Minor Arterial f Medium Density resideniiat 2.5-io UnitsiAcre Regional Commercial —S Minor Arterial ' Medium Density Residential/Office Park/open Space ^—Major Collector High Density Residential 10.40 UnitsWAere Public/Quasi-Public Minor Collector office Church/cemetery OHicetindustriai Open Water DATEApprovad 03.19-03 Oli+ce/PUbliclopen Space Right-Of-Way DATE ROAS00 01-07•09 Industrial —Metropolitan Urban Service tine(MUSA) Creeks Zoning Map Aging Joyfully 13050 Pioneer Trail Eden Prairie, Minnesota __ € Creek Knoll Road E 2�2lFlymg Cloud Drive. j Y orkshire Lane SITE t � Pioneer Trail --- f i Rural One Family-10 acre min. Highway Commercial 5horeland Management Classifications Rt-44 One Family-44,000 at.min. Regional Service Commercial 1�0 Natural Environment Waters Rl-22 One Family-22,000 sf min. ®Regional Commercial n Recreational Development Waters 561 General Development Waters(Creeks Only) R143.5 One Family-13,500 sf min. industrial Park.2 Acre Min, Q 100- Year Fioodplain R1.9.5 One Family-9,5W$f min. industrial Park-SAcre Min. Highway#312 West of County Road 94 is proposed.not constructed at this time. Rh1-5.5 Malti-Family-6.7 U,P.A,max. General industrial-5 Acre Min- Up dated through Ordinance x09-2005 RM-2.5 Mull€-Famiy-17.4 L.F.A.max. Public Ordnance ff33-200r(BFl Addition)approved,but not shown on thls map edition .Office Water Date;June 24,2005 1 ,,.aa.,.,y,+y,.;,.ea.waw a. ✓+,.Ma, , ..o ,,.eas.e,eu Neighborhood Commercial Right-of-Way, Community Commercial Chanhassen City limits 1 LOGISMap Output Page Page 1 of 1 ..: 4 n " r Ii I MI+�I i�l l l IIV'I ' lh z s; � � N � I II III�IIII III ;;.. ,M4 �:yiF�'\per, •F �� ...' S r- g, v � P � y ax. ps - r< t P r a i http.//gis.logis.org/servlet/com.esri.esrimap.Esrimap?ServiceName=ep_LOGISMap_OV&... 1/10/2006 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, DECEMBER 12,2005 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 Julie Krull, Recording Secretary L PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:30 p.m. Absent: Kacher,Nelson, Seymour, and Sutherland. II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Kirk,to approve the agenda. Motion carried 5-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON NOVEMBER 28,2005 Koenig had a revision on page 11, fourth paragraph. The sentence that reads"in regards to open space and natural resources in the PCR"it should read PCRA. MOTION by Koenig, seconded by Kirk,to approve the minutes. Motion carried 5-0. IV. PUBLIC MEETING V. INFORMATIONAL MEETING VI. PUBLIC HEARINGS A. AGING JOYFULLY by Ken and Joy Hansen. Request is for a Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential Planning Commission Minutes December 12, 2005 Page on 1.61 acres;Planned Unit Development District Review with Waivers on 1.61 acres;Zoning District Change from Office to RM-6.5 on 1.61 acres. Location is 13050 Pioneer Trail. Joy Hansen and her husband Ken presented the proposal. Mrs. Hansen stated that they have been residents of Eden Prairie for 10 '/2 years and she has been a registered nurse for 24 years and in June of 2004 she completed her advanced practice degree. She stated that what they would like to do with this property is change the zoning. Mrs.Hanson stated that the purpose of Aging Joyfully is to provide a residential care community for up to 10 elderly men and women who are unable to remain independent due to cognitive impairment or physical disabilities. She also stated that the goal of this care community is to be a home for its members where they receive the professional care needed and the non- professional care desired. Mr. Hansen explained that in supporting the guide plan change they believe that Aging Joyfully supports the need for the housing,health and social services for the community senior population and that would go along with the Seniors Issue Task Force that was worked on through the City and the Council back in 1995. He pointed out that the property is buffered by a number of large mature trees that would give the property a sense of privacy. The building as it stands now if used for office, so they would be renovating the 4000 sq. ft. of the building for a single level living space. He stated that they will also work with the City to make sure codes and requirements are met. Mr.Nelsen pointed out that from a renovation prospective,the only change that would be made to the exterior would be the maintenance of the parking area to the grounds area and that a patio would also be added to the property. Stoelting asked Regina Herron to review the staff report. Herron stated that the Commission should discuss whether the best use of the property is multiple family residential or the current use,which is office. She pointed out that an elder care facility meets the needs of the City as identified by the Seniors Issue Task Force and also pointed out that multi-famil housing is transitional use between p Y g single family residential and commercial and industrial uses. Herron stated that this request does require waivers and one of those waivers is for parking. The existing parking is surface parking and typically a multi-family housing unit requires one parking in a covered facility,however elder care facilities typically do not require as much parking as a typical multi-family housing facility, however,there is room on site if it were ever to become an issue. Herron stated that the Planning Commission should weigh the alternatives; one is for approval and the second is for denial. Koenig asked the project proponent if when they remodel is it going to be separate living facilities for the occupants. Mrs. Hansen stated that on the south side of the building there is a drafting room that can be converted to 7 or 8 private rooms and perhaps one double room. There would be a large open area for all of the residents and a large kitchen on the other end. There would also be 24 hour care with complex nursing services offered. Mrs.Hansen also pointed out that Planning Commission Minutes December 12, 2005 Page there will be a nursing assistant on site all of the time and she would be there daily with an RN on call at all times. She stated that it would be licensed as housing with services facility with the state. Koenig stated that she felt this facility would be an asset to the community. Stoltz asked if the first floor was wheel chair assessable. Mrs.Nelson stated that the whole place will be handicapped assessable. She pointed out that their initial plan is for a two stage renovation. The first phase would be the main level,which would contain the living area and the second phase would be the basement,which would have a room for family members, conference room, offices and a laundry facility. They would also hope to have a ramp that goes from the top level to the bottom because there is a walkout area on the bottom level. Stoltz asked what the floor plan and time line would be for the bottom level. Mr.Nelsen stated that they have not yet scoped the second phase but that the first phase is set to begin in February and be completed in July or August. Stoeling asked the project proponent to illustrate where the waivers would be, utilizing the overheard projector. Mr.Hansen stated that the waiver for the area came into being when Hwy 212 was expanded and the very northwest corner of the parcel of land was two feet over the boundary. Stoelting asked Mr.Hansen to discuss the parking waiver. Mr.Hansen stated that the addition parking spaces would be located in the middle of the open ground area and the eastern side of the parking area would be the drop off area because there would be easy access to the front door entrance. Mr. Hansen stated that the majority of the parking spaces would be taken up by employees and visitors of patients and he said that he anticipates that traffic would be very low. Stoelting asked the Commission if there was any discussion from changing the guide plan from low density residential to medium density residential or changing the zoning from office to residential. The Commission felt this was a desirable change. MOTION by Koenig, seconded by Rocheford,to close the public hearing. Motion carried 5-0. MOTION by Koenig, seconded by Rocheford to approve the comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential;Planned Unit Development District Review with waivers and Zoning District change from Office to RM-6.5 based on plans stamped dated November 28, 2005, and the staff report dated December 9, 2005. Motion carried 5-0. B. DOYLE ADDITION By Dennis Doyle. The request is for Planned Unit Development Concept Review on 12.1 acres; Planned Unit Development District Review with waivers on 12.1 acres;Zoning District Amendment within the Rural District on 12.1 acres; Preliminary Plat on 12.1 acres into two lots and one outlot. The location is 9980 Dell Road and 17950 Flying in Cloud Drive. Planning Commission Minutes December 12, 2005 Page Dennis Doyle submitted the proposal and utilized the overheard projector to illustrate this. Mr. Doyle stated that he and his wife are 18 years residents of Eden Prairie and they would like this project to be their final home. He pointed out that the project is located on Hwy 212 and Dell Road and they have purchased two different parcels of land with two existing houses;which is approximately 12 acres of land. He stated that the existing home in the corner of the property that is located on Dell Road will remain where it is and will be utilizing the current driveway. This is a 3000 square foot home. For the other lot the existing driveway comes off of Hwy 212 and they would like to add a new access to the property from Dell Road serve a new house to be built in the same location as the existing house on the parcel today. Mr. Doyle stated that they have spent a considerable amount of time with the City to work this proposal out and to put approximate 50%of the total area into a conservatory easement as well as to donate a trail easement. He also stated that there was a tree inventory completed and that there are approximately 5500 caliper inches of trees on this site and that less than 5%will be taken out. Stoelting asked Kipp to review the staff report. Kipp stated that this property is being treated similar to other projects that the Commission has reviewed along the bluff where there are large parcels of acreage with a house or two on them, providing the property owners the ability to make better use of their property while at the same time preserving as much of the bluff area as possible. He pointed out that this property is providing for minimal impact to the site by placing the new home over the existing home site on lot 1 and looking at maintaining the existing home on lot 2. Kipp started that the staff recommends approval of the project. Stoelting asked if Mr.Andrew Moehler was present in the audience. He was not. Stoelting pointed out that Mr. Moehler had submitted a letter addressing some of his concerns for the development of this project. Gray addressed the issues in Mr. Moehler's letter. Gray stated that Mr. Moehler had some concerns about Dell Road providing access for the new home that Mr.Doyle was to build on Dell Road because of the current geometrics and condition of Dell Road. Gray pointed out that in the not too distant future,within the 2-5 year range,the City would be looking at rebuilding Dell Road to the kind of standards that can be found on Dell Road to the north. He stated that under the current conditions there are some geometric issues and some maintenance issues regarding the gravel surface, but the City would be very supportive for providing home site access to Dell Road so the homeowner would not have to rely on access from Hwy 212. Gray stated that there will be a wetland review completed to see if there is any impact to the area. He said that the City does feel this will be a safer and better access in the long run. Stoelting clarified that lot 2 was not the issue but rather lot 1, and that would be because the proponents are adding access to Dell Road. Stoelting asked Gray how the two roads up to the house would affect the garage placement. Gray said Planning Commission Minutes December 12, 2005 Page that because of the site plan there would not be access up to the house, garage and driveway from Hwy 212. The only access Hwy 212 would allow would be access to the accessory structure. Stoelting opened the meeting up for public input. There was not input. Stoltz stated that he had a concern for Kipp about the seven waivers on the project and are they being granted based on the additional land the City would be receiving. Kipp stated that these waivers are consistent with the other projects on the bluff. He stated that that the waivers are based on the platting of the property and that the project proponents are not creating new lots or subdivisions. Stoelting asked where the setbacks are located for lot 2. Mr.Doyle illustrated where the setbacks were located utilizing the overhead projector. Stoelting asked Fox to describe the future tails on this area. Fox stated that the trails have been in the City's plan for quite some time and was requested by Mr. Doyle to have the land set aside for the conservation easement and trail easement and at some time if this was dedicated to the City a nature trail would be established in this area. MOTION by Kirk, seconded by Koenig,to close the public hearing. Motion carried 5-0. MOTION by Kirk, seconded by Stoltz,to approve the Planned Unit Development Concept Review on 12.1 acres;the Planned Unit Development District Review with waivers on 12.1 acres;Zoning District Amendment within the Rural District on 12.1 acres; and the Preliminary Plat of 12.1 acres into two lots and one outlot based on plans stamped dated December 7, 2005, and the staff report dated December 9, 2005. Motion carried 5-0. C. CODE AMENDMENT by the City of Eden Prairie, Leslie Stovring. Section 11.55 Land Alteration, Tree Protection and Storm Water Management Regulations. Ms. Stovring stated that the Stormwater Management and Erosion Control Ordinance is being updated as part of the City's Phase II National Pollutant Discharge Elimination System (NPDES)permit program. City code Section 11.55 has been revised to include requirements that the Minnesota Pollution Control Agency(MPCA)has instituted for issuance of a Stormwater Permit through the State's permitting authority. The Clean Site, Land Alteration,Tree Preservation and Stormwater Management Code will apply to land alteration activities such as excavating, grading, digging, cutting, scraping, clearing, removal of trees, or filling. The result of these changes is better erosion control and cleaner water. Ms. Stovring presented a PowerPoint presentation to illustrate these changes to the Code Amendment. She stated that Eden Prairie is considered II Planning Commission Minutes December 12, 2005 Page a phase II City(MS4) and one of the requirements of the program is to have an ordinance in o reduce lace t pollutants from construction activities that result in p land disturbance. The NPDES permit also requires long-term monitoring of Stormwater Facilities. The existing ordinance (Section 11.55)was amended to address permit requirements. The following are the changes to the ordinance: A. Exemptions—Subd. 3 1. Excavate less than 100 cubic yards 2. Alter less than 1,000 square feet 3. Cut,remove or kill< 10%of significant trees and/or< 10%of vegetation. 4. Install fence, sign,telephone or electric poles with less than 1,000 square feet of exposed soil. 5. Home gardens or landscaping. 6. Retaining walls less than 4 feet high and 10 feet long 7. Opening and closing graves 8. Emergency work 9. Excavations for public works projects undertaken by City B. Single Family Construction 1. Building Permit only 2. Must comply with general land alteration requirements 3. Required to allow inspections and monitoring of site 4. If more than 10%of significant trees are removed, must follow tree replacement requirements. C. Tree Replacement—Subd.4 1. Requires that replacement trees be pre-approved in writing by the City. 2. List provided only for guidance. D. General Requirements—Subd. 5 1. Concrete truck wash out 2. Driveway construction timeline 3. Final stabilization 4. Hours of operation(Mon.-Fri. 7am-7pm and Sat. 9 am to 7 pm) 5. Tracking and spilling 6. Waste and material collection and disposal 7. Pre-settlement of storm drainage 8. Erosion control maintenance E. Land Alteration Permit—Subd. 6 1. Provide cost estimate 2. Grading and construction plans prepared by professional engineer 3. Evaluation of natural infiltration/swales 4. Stormwater Pollution Prevention Plan Planning Commission Minutes December 12, 2005 Page 5. Site Map with stormwater facilities and erosion control 6. Financial security 7. Post construction stabilization and timeframes F. Inspections,Monitoring&Maintenance—Subd. 8 1. Provide right of entry 2. Access to site and materials 3. Monitoring of stormwater discharges 4. Inspections and maintenance both during and after Land Alteration 5. Stormwater Facility Easement G. Financial Security—Subdivisions 11 through 13 1. Tree Replacement— 150% 2. Land Alteration Permit— 125% 3. Action against Financial Security—Work or tree replacement stops for thirty (30)days,permit is revoked or excessive erosion has or will occur. 4. Security released when all work is complete, including one(1) year after tree replacement completed. Ms. Stovring stated that in 2006 the City will be implementing this program. The City will also be updating the Stormwater Permit to address Nondegradation. She stated in 2008 the City will need to look at and revise the Illicit Discharge Detection and Elimination Ordinance for significant non-stormwater discharges or flows and also the Post-Construction Runoff Ordinance to ensure long-term operation and maintenance of BMP's installed for runoff control. Stoelting asked Ms. Stovring to clarify if the Planning Commission is going to be involved in Land Alteration Permits. Gray stated that the Commission would be seeing exactly the same projects as they have been seeing in the past. Stoelting asked about the Post Construction Inspection and Maintenance Requirements and asked Ms. Stovring to clarify those. Ms. Stovring said that starting in 2003,the City began inspecting every pond and inlet to storm water facilities every five years. If a problem is identified it has to be corrected as soon as possible. What this new ordinance is requiring is that the land owner must start inspecting and maintaining privately-owned ponds in accordance with State requirements and supply the City with the results. Stoelting opened the meeting up for public input. There was no input. MOTION by Stoltz, seconded by Kirk,to close the public hearing. Motion carried 5-0. Planning Commission Minutes December 12, 2005 Page MOTION by Stoltz, seconded by Rocheford,to approve the revisions for the Code Amendment Section 11.55 Land Alteration, Tree Protection and Storm Water Management Regulations. Motion carried 5-0. VII. MEMBERS' REPORTS VIII. CONTINUING BUSINESS IX. NEW BUSINESS X. PLANNERS' REPORTS Kipp stated that there will be no Planning Commission meeting on December 26, 2005 because the City offices are closed in observance of the holiday. The next meeting is scheduled for January 9,2006. Ryland Homes has proposed changes to the architecture for the townhouse plans for Hennepin Village. Since the proposed elevation is consistent with the architectural theme for Hennepin Village, and adds variety,the staff is considering the proposed change to be administrative.Kipp used the overhead to show the Commission the changes in architecture proposed by Ryland Homes. The Commission concurred with staff that the changes are minor and will not require a site plan review by the Planning Commission. XI. ADJOURNMENT MOTION by Koenig, seconded by Rocheford,to adjourn the meeting. Motion carried 5-0. There being no further business,the meeting adjourned at 8:47 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILC. Community Doyle Addition Development/Planning Janet Jeremiah Scott Kipp Requested Action Move to: • Close the Public Hearing;and • Adopt the Resolution for Planned Unit Development Concept Review on 12.1 acres; and • Approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Rural District on 12.1 acres;and • Adopt the Resolution for Preliminary Plat on 12.1 acres into two lots and one outlot; and • Approve the limited Wetland Delineation Review for the area encompassed by the existing driveway and proposed home construction, and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is a subdivision of land into 2 lots and one outlot in the Rural Zoning District. The approval of the subdivision and the granting of the waivers will protect approximately 50% of the land, and will not result in any additional house sites. The dedication of a trail easement over Outlot A will allow the City to construct a future trail along that portion of Riley Creek. This limits the number of homes on the bluff,reducing the visual impact and saving trees and slopes from impact in the future.This approach to limited land development with waivers in exchange for protection of natural resources is similar to the Eden View Estates, McCall Bluff and Grootwassink projects to the east. Background Information The final plat shall include an additional 17 feet of right of way for future Dell Road improvements. The exiting houses use well and septic systems. This is permitted in the rural district. Access to city sewer and water is available for Lot 1 from the Meadowcroft development to the east. As part of the construction of the new house,the developer needs to connect to city sewer and water. City Council Agenda—Public Hearings Doyle Addition January 17, 2005 Page 2 A tree replacement plan for 20 caliper inches is required and will be part of the developer agreement. The wetland delineation was conducted in November 2005,but has not been finalized and is incomplete. Final review will take place in the spring of 2006.However,to allow winter construction of the new home,the proposed location for the home construction was evaluated for the presence of wetlands on January 4, 2006 with no wetlands found. (See attached memo from Leslie Stovring, Environmental Coordinator). Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project to the City Council at the December 12, 2005 meeting. Attachments 1. Memo from Environmental Coordinator 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Staff Reports 5. Location Map 6. Land Use Map/Zoning Map 7. Aerial photo 8. Planning Commission Minutes 9. Letters from property owners 10.Narrative 11. Cultural Resources 12. Wetland Delineation 13. Wetland Delineation-Appendix A DOYLE ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF DOYLE ADDITION FOR DENNIS DOYLE 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 December 12, 2005, on Doyle Addition by Dennis Doyle and considered his 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 January 17, 2006. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Doyle Addition,being in Hennepin County,Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated December 7,2005. 3. That the PUD Concept meets the recommendations of the Planning Commission December 12, 2005. ADOPTED by the City Council of the City of Eden Prairie this 170'day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Legal Description: g P That part of the West'/4 of the SE '/4 of the SE '/a lying West of the East 680 feet and North of State Highway 169 (Flying Cloud Drive) That part of the NE '/4 of the SE '/4 lying southerly of Township Road. (Dell Road) I DOYLE ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- RESOLUTION APPROVING THE PRELIMINARY PLAT OF DOYLE ADDITION FOR DENNIS DOYLE BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Doyle Addition for Dennis Doyle stamp dated December 7, 2005, and consisting of 12.1 acres into two lots and one outlot, 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 17t'day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A.Kipp, Senior Planner DATE: December 9, 2005 SUBJECT: Doyle Addition APPLICANT/ OWNER: Dennis Doyle LOCATION: 17950 Flying Cloud Drive and 9980 Dell Road REQUEST: 1. Planned Unit Development Concept Review on 12.1 acres. 2. Planned Unit Development District Review with waivers on 12.1 acres. 3. Zoning District Amendment in the Rural Zoning District on 12.1 acres. 4. Preliminary Plat of 12.1 acres into two lots, and one outlot. Staff Report—Doyle Addition December 9,2005 BACKGROUND This property is zoned Rural. The property is guided low density residential for up to 2.5 units per acre, and open space along the Riley Creek corridor. Two existing single-family houses occupy the property. PRELIMINARY PLAT The plan is to subdivide 12.1 acres into two lots, one outlot and road-right-of-way. The exiting house on Lot 1 will be demolished and a new house constructed. A new house or an expansion of the exiting house will take place on Lot 2. Conservation easements are proposed over the southerly 490 feet and along Riley Creek on Lot 1, and along the westerly half of Lot 2. Conservation and trail easements are shown over Outlot A. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers within the rural zoning district: Code Lot 1 Lot 2 10 acre minimum lot size 7.5 acres 2.4 acres 300 foot average lot width n/a 150 feet 5 acre shoreland abutting lot size n/a 2.4 acres No structures within shoreland bluff impact zone House n/a 30 foot shoreland bluff setback 0 feet n/a 50 foot front yard setback n/a 23 feet 50 foot side yard setback n/a 14 feet Four garage stalls maximum 7 n/a (includes existing accessory garage) The waivers may have merit for the following reasons: 2 Staff Report—Doyle Addition December 9,2005 1. Dedication of approximately 6 acres of permanent conservation easement area. 2. The new houses will be constructed in the same general footprint location as the exiting houses. 3. Dedication of additional right-of-way for future Dell Road improvements reduces the existing front yard setback for Lot 2. UTILITIES The exiting houses use well and septic systems. This is permitted in the rural district. Access to city sewer and water is available for Lot 1 from the Meadowcroft development to the east. The developer is working with the neighboring development to make these connections. ACCESS Lot 1 will take primary access to Dell Road. Lot 2 currently takes access from Dell Road. HISTORIC,ARCHAEOLOGICAL OR CULTURAL RESOURCE A Cultural Resources Reconnaissance Survey was conducted on that portion of the property proposed to be altered by the development. The conclusion is that the existing site area is too marginal and too deeply disturbed to retain any research potential. Therefore,the site does not warrant further study or protection. Also,the proposed project can proceed without any risk of adverse impact on significant archaeological resources. TREES There are 5,694 diameter inches of significant trees on the proposed lots.Tree loss is 288 diameter inches. The required tree replacement is 19 caliper inches. The tree replacement plan shows 20 caliper inches. SUMMARY The approval of the subdivision and the granting of the waivers will protect approximately 50% of the land, and will not result in any additional house sites.The dedication of a trail easement over Outlot A will allow the City to construct a future trail along that portion of Riley Creek. This limits the number of homes on the bluff, reducing the visual impact and saving trees and slopes from impact in the future.This approach to limited land development with waivers in exchange for protection of natural resources is similar to the Eden View Estates, McCall Bluff and Grootwassink projects to the east. STAFF RECOMMENDATION 3 II Staff Report—Doyle Addition December 9,2005 Recommend approval of the following request: • Planned Unit Development Concept Review on 12.1 acres • Planned Unit Development District Review with waivers on 12.1 acres • Zoning District Amendment in the Rural Zoning District on 12.1 acres • Preliminary Plat of 12.1 acres into 2 lots and one outlot This is based on plans dated stamp dated December 7, 2005, and the following conditions: 1. Prior to City Council review, revise the plans to show connection to municipal sewer and water for Lot 1. 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 notify the City and Watershed District 48 hours in advance of grading. 4. Prior to building permit issuance for the property,the proponent shall pay the cash park fee. 5. The following waivers are granted as part of the PUD. Code Lot 1 Lot 2 10 acre minimum lot size 7.5 acres 2.4 acres 300 foot average lot width - 150 feet 5 acre shoreland abutting lot size - 2.4 acres No structures within shoreland bluff impact zone House - 30 foot shoreland bluff setback 0 feet - 50 foot front yard setback - 23 feet 50 foot side yard setback - 14 feet Four garage stalls maximum 7 - 4 Memorandum To: Mayor and City Council From: Leslie A.Stovring,Environmental Coordinator Date: January 17,2006 Re: Doyle Property—Wetland Delineation Review Synopsis The"Wetland Delineation, Wetland Buffer Strip Evaluation and MnRAM Wetland Function and Value Assessment Report" for the Doyle Addition was submitted for review on November 23, 2005. The request to review the delineation was received outside of the growing season and is incomplete. To enable construction of the new home during the winter, it was agreed that the proposed home construction area would be reviewed this winter for limited approval of the delineation. The area included in the limited approval would include the existing home, the existing driveway and the area which is currently being maintained for lawn. This area will be staked and reviewed by Staff prior to commencing work on site. Background The wetland review for the Doyle Addition is incomplete as the wetland delineation was conducted on November 11, 2005, after the end of the growing season. However, to allow winter construction of the new home, the proposed location for the home construction was evaluated for the presence of wetlands on January 4, 2006. Present at the meeting was Michael Whitt, the wetland consultant for Mr. Doyle, Mark Wilson, a representative for Riley-Purgatory- Bluff Creek Watershed District and Leslie Stovring from the City of Eden Prairie. The area evaluated for this review was within the Lower Minnesota River Watershed District and only included the existing home site, the maintained lawn area for the existing home and the existing driveway footprint. No areas downslope from the evaluation area, including the slopes leading to Riley Creek or to Flying Cloud Drive, were included in the review. These areas will need to be evaluated in the spring due to the potential for seeps, springs or Type 1 or 2 wetlands which are typically not visible during winter conditions. The construction limits must remain within the area currently being maintained for lawn, the existing house footprint and the existing driveway. To the north of the home is an existing wood wall, all areas north of this must be avoided and are not included in the approval, including the proposed driveway. No areas south, east or west of the existing lawn area or existing driveway were included in the evaluation area, including the wooded slopes. Construction equipment must use the existing driveway. Staging areas must be within the existing lawn area. The wetland delineation report remains incomplete at this time. Review of the wetland delineation will be required this spring, after the start of the growing season, prior to approval of construction outside of the limits described above. A Local Government Unit (LGU) Findings of Fact will be distributed to the Technical Evaluation Panel for review and comment after approval of the limited wetland delineation. Area Location Map - Doyle Addition Address: 9980 Dell Road and 17950 Flying Cloud Drive -- Crestwood Terrace =/ ! - f/ Del!Road f _-r In Flying Cloud Drive(212) / scale 1 Guide Plan Map Doyle Addition 9980 Dell Road and 17950 Flying Cloud Drive < ' 1 i __'-__.. . ............ _ {�. .i E, 3^^3�: `, i rr A Crestwood Terrace -T F I I r � 1 .� rf • . 4 r YI f Li fi ✓ ss — _ ........ .._. Overland Trail 7< / f Dep Road i t CO 1 r 212 j ,E 212IFlyng Cloud Drive City of Egon Prairie L Plan Map 2 Q Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial msa� Principal Arterial Low DensitylPublictOpen Space Community Commercial A Minor Arterial r EEAMediurn Density residential 2.5-10 Unils/Acre Regional Commercial --H MinorArteriat ' Medium Density Residential/Office ME Parkiopen Space Major Collector High Density Residential 10-40 Units/Acre =Public/Quasi-Public Minor Collector Office Church/cemetery Office?Industrial Open Water DATE Appwed0&14-03 ��T� Y_LLd Office/Public/Open Space �Right-Of-Way DATE ReiAed 01.07-G5 Industrial ----Metropolitan Urban Service Line(MUSA) Creeks Zoning Map Doyle Addition 9980 Dell Road and 17950 Flying Cloud Drive, Eden Prairie, Minnesota Crestwood Terrace j Overland Trail f;f H cn r Dell Road i I i I 212EI lying Cloud Drive If Rural One Famiy.10 acre min. Highway Commercial Srweland Management Classifications R144 One Family-44,000 A min, Regional Service Commercial I Natural Environment Waters R1.22 One Family-22,000 sf min. ®Regional Commercial �-r+0 Recreational Development Waters F,3—@ General Development Waters(Creeks Only) R1-13.5 One Family-13,500 st min. Industrial Park-2 Acre Min, j 100- Year Floodplain RI.9.5 One Family-9,500 st min. " industrial Park- 5Acre Min. HgMvay 4312 Lvust of County Road#A is proposed,not constructed at this time. RM-6,5 Mulii•Family-6.7 U.P.A.max. General Industrial-5 Acre Min. Up dated through Ordinance#09.2005 RM-2.5 Multi•Family-17.A U-P-A.max- Public Ordinance#33.2001(BFt Ad&lion)approved.but not sham on this map edition , t Office Water Gate:June 24,2W5 i Neighborhood commercial Right-of-Way ::aaa. °�: �'=v< P a°""`• community Commercial U Chanhassen City limits N LOGISMap Output Page Page i of 1 i` 4r S, f�ate*• # �rq x w. fat � r t Wx < 4 R }� �,e-.".. � ..'•BAN"., i M ' �y �' �A. �Ir- _i �• I� 4 pF t I r s� 7F` '�•'��'�`_` a Ili �s' ,� .r ;,,:�r.F � a � 3 .✓.'.. Sn^... .,.`.'�°."t..4.:s�r9 '+s�a�gCY>'aec� �'� littp:J/gis.logis.orglservlet/com.esri.esrimap.Est-uiiap?ServiceName=ep_LOGISMap_OV&.., 111112006 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, DECEMBER 12,2005 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 Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:30 p.m. Absent: Kacher,Nelson, Seymour, and Sutherland. II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Kirk,to approve the agenda. Motion carried 5-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON NOVEMBER 28,2005 Koenig had a revision on page 11, fourth paragraph. The sentence that reads"in regards to open space and natural resources in the PCR" it should read PCRA. MOTION by Koenig, seconded by Kirk, to approve the minutes. Motion carried 5-0. IV. PUBLIC MEETING V. INFORMATIONAL MEETING VI. PUBLIC HEARINGS A. AGING JOYFULLY by Ken and Joy Hansen. Request is for a Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential Planning Commission Minutes December 12, 2005 Page on 1.61 acres; Planned Unit Development District Review with Waivers on 1.61 acres; Zoning District Change from Office to RM-6.5 on 1.61 acres. Location is 13050 Pioneer Trail. Joy Hansen and her husband Ken presented the proposal. Mrs.Hansen stated that they have been residents of Eden Prairie for 10 %2 years and she has been a registered nurse for 24 years and in June of 2004 she completed her advanced practice degree. She stated that what they would like to do with this property is change the zoning. Mrs.Hanson stated that the purpose of Aging Joyfully is to provide a residential care community for up to 10 elderly men and women who are unable to remain independent due to cognitive impairment or physical disabilities. She also stated that the goal of this care community is to be a home for its members where they receive the professional care needed and the non- professional care desired. Mr.Hansen explained that in supporting the guide plan change they believe that Aging Joyfully supports the need for the housing,health and social services for the community senior population and that would go along with the Seniors Issue Task Force that was worked on through the City and the Council back in 1995. He pointed out that the property is buffered by a number of large mature trees that would give the property a sense of privacy. The building as it stands now if used for office, so they would be renovating the 4000 sq. ft. of the building for a single level living space. He stated that they will also work with the City to make sure codes and requirements are met. Mr.Nelsen pointed out that from a renovation prospective,the only change that would be made to the exterior would be the maintenance of the parking area to the grounds area and that a patio would also be added to the property. Stoelting asked Regina Herron to review the staff report. Herron stated that the Commission should discuss whether the best use of the property is multiple family residential or the current use,which is office. She pointed out that an elder care facility meets the needs of the City as identified by the Seniors Issue Task Force and also pointed out that multi-family housing is transitional use between single family residential and commercial and industrial uses. Herron stated that this request does require waivers and one of those waivers is for parking. The existing parking is surface parking and typically a multi-family housing unit requires one parking in a covered facility, however elder care facilities typically do not require as much parking as a typical multi-family housing facility, however,there is room on site if it were ever to become an issue. Herron stated that the Planning Commission should weigh the alternatives; one is for approval and the second is for denial. Koenig asked the project proponent if when they remodel is it going to be separate living facilities for the occupants. Mrs.Hansen stated that on the south side of the building there is a drafting room that can be converted to 7 or 8 private rooms and perhaps one double room. There would be a large open area for all of the residents and a large kitchen on the other end. There would also be 24 hour care with complex nursing services offered. Mrs. Hansen also pointed out that Planning Commission Minutes December 12, 2005 Page there will be a nursing assistant on site all of the time and she would be there daily with an RN on call at all times. She stated that it would be licensed as housing with services facility with the state. Koenig stated that she felt this facility would be an asset to the community. Stoltz asked if the first floor was wheel chair assessable. Mrs.Nelson stated that the whole place will be handicapped assessable. She pointed out that their initial plan is for a two stage renovation. The first phase would be the main level,which would contain the living area and the second phase would be the basement,which would have a room for family members, conference room, offices and a laundry facility. They would also hope to have a ramp that goes from the top level to the bottom because there is a walkout area on the bottom level. Stoltz asked what the floor plan and time line would be for the bottom level. Mr.Nelsen stated that they have not yet scoped the second phase but that the first phase is set to begin in February and be completed in July or August. Stoeling asked the project proponent to illustrate where the waivers would be, utilizing the overheard projector. Mr.Hansen stated that the waiver for the area came into being when Hwy 212 was expanded and the very northwest corner of the parcel of land was two feet over the boundary. Stoelting asked Mr. Hansen to discuss the parking waiver. Mr. Hansen stated that the addition parking spaces would be located in the middle of the open ground area and the eastern side of the parking area would be the drop off area because there would be easy access to the front door entrance. Mr. Hansen stated that the majority of the parking spaces would be taken up by employees and visitors of patients and he said that he anticipates that traffic would be very low. Stoelting asked the Commission if there was any discussion from changing the guide plan from low density residential to medium density residential or changing the zoning from office to residential. The Commission felt this was a desirable change. MOTION by Koenig, seconded by Rocheford,to close the public hearing. Motion carried 5-0. MOTION by Koenig, seconded by Rocheford to approve the comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential; Planned Unit Development District Review with waivers and Zoning District change from Office to RM-6.5 based on plans stamped dated November 28,2005, and the staff report dated December 9, 2005. Motion carried 5-0. B. DOYLE ADDITION By Dennis Doyle. The request is for Planned Unit Development Concept Review on 12.1 acres;Planned Unit Development District Review with waivers on 12.1 acres;Zoning District Amendment within the Rural District on 12.1 acres;Preliminary Plat on 12.1 acres into two lots and one outlot. The location is 9980 Dell Road and 17950 Flying Cloud Drive. Planning Commission Minutes December 12, 2005 Page Dennis Doyle submitted ed the proposal and utilized the overheard projector to illustrate this. Mr. Doyle stated that he and his wife are 18 years residents of Eden Prairie and they would like this project to be their final home. He pointed out that the project is located on Hwy 212 and Dell Road and they have purchased two different parcels of land with two existing houses;which is approximately 12 acres of land. He stated that the existing home in the corner of the property that is located on Dell Road will remain where it is and will be utilizing the current driveway. This is a 3000 square foot home. For the other lot the existing driveway comes off of Hwy 212 and they would like to add a new access to the property from Dell Road serve a new house to be built in the same location as the existing house on the parcel today. Mr.Doyle stated that they have spent a considerable amount of time with the City to work this proposal out and to put approximate 50%of the total area into a conservatory easement as well as to donate a trail easement. He also stated that there was a tree inventory completed and that there are approximately 5500 caliper inches of trees on this site and that 0 less than 5/o will be taken out. Stoelting asked Kipp to review the staff report. Kipp stated that this property is being treated similar to other projects that the Commission has reviewed along the bluff where there are large parcels of acreage with a house or two on them, providing the property owners the ability to make better use of their property while at the same time preserving as much of the bluff area as possible. He pointed out that this property is providing for minimal impact to the site by placing the new home over the existing home site on lot 1 and looking at maintaining the existing home on lot 2. Kipp started that the staff recommends approval of the project. Stoelting asked if Mr.Andrew Moehler was present in the audience. He was not. Stoelting pointed out that Mr. Moehler had submitted a letter addressing some of his concerns for the development of this project. Gray addressed the issues in Mr. Moehler's letter. Gray stated that Mr. Moehler had some concerns about Dell Road providing access for the new home that Mr.Doyle was to build on Dell Road because of the current geometrics and condition of Dell Road. Gray pointed out that in the not too distant future,within the 2-5 year range,the City would be looking at rebuilding Dell Road to the kind of standards that can be found on Dell Road to the north. He stated that under the current conditions there are some geometric issues and some maintenance issues regarding the gravel surface, but the City would be very supportive for providing home site access to Dell Road so the homeowner would not have to rely on access from Hwy 212. Gray stated that there will be a wetland review completed to see if there is any impact to the area. He said that the City does feel this will be a safer and better access in the long run. Stoelting clarified that lot 2 was not the issue but rather lot 1, and that would be because the proponents are adding access to Dell Road. Stoelting asked Gray how the two roads up to the house would affect the garage placement. Gray said Planning Commission Minutes December 12, 2005 Page that because of the site plan there would not be access up to the house, garage and driveway from Hwy 212. The only access Hwy 212 would allow would be access to the accessory structure. Stoelting opened the meeting up for public input. There was not input. Stoltz stated that he had a concern for Kipp about the seven waivers on the project and are they being granted based on the additional land the City would be receiving. Kipp stated that these waivers are consistent with the other projects on the bluff. He stated that that the waivers are based on the platting of the property and that the project proponents are not creating new lots or subdivisions. Stoelting asked where the setbacks are located for lot 2. Mr. Doyle illustrated where the setbacks were located utilizing the overhead projector. Stoelting asked Fox to describe the future tails on this area. Fox stated that the trails have been in the City's plan for quite some time and was requested by Mr. Doyle to have the land set aside for the conservation easement and trail easement and at some time if this was dedicated to the City a nature trail would be established in this area. MOTION by Kirk, seconded by Koenig,to close the public hearing. Motion carried 5-0. MOTION by Kirk, seconded by Stoltz,to approve the Planned Unit Development Concept Review on 12.1 acres;the Planned Unit Development District Review with waivers on 12.1 acres;Zoning District Amendment within the Rural District on 12.1 acres; and the Preliminary Plat of 12.1 acres into two lots and one outlot based on plans stamped dated December 7,2005, and the staff report dated December 9, 2005. Motion carried 5-0. C. CODE AMENDMENT by the City of Eden Prairie,Leslie Stovring. Section 11.55 Land Alteration,Tree Protection and Storm Water Management Regulations. Ms. Stovring stated that the Stormwater Management and Erosion Control Ordinance is being updated as part of the City's Phase II National Pollutant Discharge Elimination System (NPDES)permit program. City code Section 11.55 has been revised to include requirements that the Minnesota Pollution Control Agency (MPCA)has instituted for issuance of a Stormwater Permit through the State's permitting authority. The Clean Site,Land Alteration,Tree Preservation and Stormwater Management Code will apply to land alteration activities such as excavating, grading, digging, cutting, scraping,clearing, removal of trees, or filling. The result of these changes is better erosion control and cleaner water. Ms. Stovring presented a PowerPoint presentation to illustrate these changes to the Code Amendment. She stated that Eden Prairie is considered Planning Commission Minutes December 12, 2005 Page a phase II City(MS4) and one of the requirements of the program is to have an ordinance in place to reduce pollutants from construction activities that result in land disturbance. The NPDES permit also requires long-term monitoring of Stormwater Facilities. The existing ordinance (Section 11.55)was amended to address permit requirements. The following are the changes to the ordinance: A. Exemptions—Subd. 3 1. Excavate less than 100 cubic yards 2. Alter less than 1,000 square feet 3. Cut,remove or kill< 10%of significant trees and/or< 10%of vegetation. 4. Install fence, sign,telephone or electric poles with less than 1,000 square feet of exposed soil. 5. Home gardens or landscaping. 6. Retaining walls less than 4 feet high and 10 feet long 7. Opening and closing graves §. Emergency work 9. Excavations for public works projects undertaken by City B. Single Family Construction 1. Building Permit only 2. Must comply with general land alteration requirements 3. Required to allow inspections and monitoring of site 4. If more than 10%of significant trees are removed,must follow tree replacement requirements. C. Tree Replacement—Subd. 4 1. Requires that replacement trees be pre-approved in writing by the City. 2. List provided only for guidance. D. General Requirements—Subd. 5 l. Concrete truck wash out 2. Driveway construction timeline 3. Final stabilization 4. Hours of operation(Mon.-Fri. 7am-7pm and Sat. 9 am to 7 pm) 5. Tracking and spilling 6. Waste and material collection and disposal 7. Pre-settlement of storm drainage 8. Erosion control maintenance E. Land Alteration Permit—Subd. 6 1. Provide cost estimate 2. Grading and construction plans prepared by professional engineer 3. Evaluation of natural infiltration/swales 4. Stormwater Pollution Prevention Plan Planning Commission Minutes December 12,2005 Page 5. Site Map with stormwater facilities and erosion control 6. Financial security 7. Post construction stabilization and timeframes F. Inspections.Monitoring&Maintenance—Subd. 8 1. Provide right of entry 2. Access to site and materials 3. Monitoring of stormwater discharges 4. Inspections and maintenance both during and after Land Alteration 5. Stormwater Facility Easement G. Financial Security—Subdivisions 11 through 13 1. Tree Replacement— 150% 2. Land Alteration Permit— 125% 3. Action against Financial Security—Work or tree replacement stops for thirty(30) days,permit is revoked or excessive erosion has or will occur. 4. Security released when all work is complete, including one(1) year after tree replacement completed. Ms. Stovring stated that in 2006 the City will be implementing this program. The City will also be updating the Stormwater Permit to address Nondegradation. She stated in 2008 the City will need to look at and revise the Illicit Discharge Detection and Elimination Ordinance for significant non-stormwater discharges or flows and also the Post-Construction Runoff Ordinance to ensure long-term operation and maintenance of BMP's installed for runoff control. Stoelting asked Ms. Stovring to clarify if the Planning Commission is going to be involved in Land Alteration Permits. Gray stated that the Commission would be seeing exactly the same projects as they have been seeing in the past. Stoelting asked about the Post Construction Inspection and Maintenance Requirements and asked Ms. Stovring to clarify those. Ms. Stovring said that starting in 2003,the City began inspecting every pond and inlet to storm water facilities every five years. If a problem is identified it has to be corrected as soon as possible. What this new ordinance is requiring is that the land owner must start inspecting and maintaining privately-owned ponds in accordance with State requirements and supply the City with the results. Stoelting opened the meeting up for public input. There was no input. MOTION by Stoltz, seconded by Kirk,to close the public hearing. Motion carried 5-0. Planning Commission Minutes December 12, 2005 Page MOTION by Stoltz, seconded by Rocheford,to approve the revisions for the Code Amendment Section 11.55 Land Alteration, Tree Protection and Storm Water Management Regulations. Motion carried 5-0. VII. MEMBERS' REPORTS VUL CONTINUING BUSINESS IX. NEW BUSINESS X. PLANNERS' REPORTS Kipp stated that there will be no Planning Commission meeting on December 26, 2005 because the City offices are closed in observance of the holiday. The next meeting is scheduled for January 9, 2006. Ryland Homes has proposed changes to the architecture for the townhouse plans for Hennepin Village. Since the proposed elevation is consistent with the architectural theme for Hennepin Village, and adds variety,the staff is considering the proposed change to be administrative.Kipp used the overhead to show the Commission the changes in architecture proposed by Ryland Homes. The Commission concurred with staff that the changes are minor and will not require a site plan review by the Planning Commission. XI. ADJOURNMENT MOTION by Koenig, seconded by Rocheford,to adjourn the meeting. Motion carried 5-0. There being no further business,the meeting adjourned at 8:47 p.m. December 12,2006 To:City of Eden Prairie From:Andrew Moller 9942 Deli Road Eden Prairie,MN 56347 p � Re:Proposed Driveway for Doyle Addition RAF The Doyle property,consisting of 2 parcels,is presently served by two driveways.One of the driveways enters onto Deli Road and the other enters onto Flying Cloud Drive. Construction of the new Highway 212 has begun and as it moves forward the amount of traffic on Flying Cloud Drive is expected to decline. In addition,improvements to Flying Clow! Drive have recently been completed widening the road to 4 lanes through a point W10ths of mile past Charlson Road with the further addition of a traffic signal tight at Chanson Road. i oppose the proposal to add a third driveway to serve the Doyle property. The new driveway will add more traffic to Dell Road. A portion of Dell Road is ill-equiped to handle any additional traffic. This section of Deli Road Is not paved, is very narrow,has numerous trees closer than 10 feet from the edge of the road,has sharp curves,no shoulder and very steep embankments with no protective guard rails. While city personnel have indicated it is their desire to ultimately bring the condition of Deli Road up to city standards,there is no set timetable as to when that would occur as the City would have to acquire additional land in order to make the upgrade possible,the cost of which may be prohibitive. Allowing additional traffic on Dell Road would only serve to make a hazardous stretch of Dell Road even more dangerous. In addition,the proposed new Doyle driveway would require the cutting down of numerous trees in an area that Is proposed to become a conservation easement area. The proposed driveway would also be closer than Is otherwise allowed to the Riley Creek watershed. If the City deems it desirable to approve the proposed driveway I would request as a condition of approval the City receive We to Outlot A. Ownership of this parcel will give the City more flexabiiity in making safety improvements to Dell Road. Further,prior to the approval of proposed driveway 1 request the City develop and publish plans of the safety improvements which can be made to Dell Road. Finally,as a condition of approval of the proposed driveway the City require Mr.Doyle to close and return to its natural state the existing driveway that enters on Flying Cloud Drive. City personnel have indicated that this driveway would remain available for"limited use". The definition of limited use is judgemental and difficult to enforce. Since Mr.Doyle appearertly does not belive this driveway is adequate,there Is little reason to allow continued use of this driveway even on a limited basis. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation#05-05 ITEM NO.: VIII.D. David Olson Vacation of the Drainage and Utility Easement Public Works/Engineering in Outlot L,Eagle Ridge at Hennepin Village Four Requested Action Move to: • Close the Public Hearing;and • Adopt Resolution vacating the Drainage and Utility Easement in Outlot L, Eagle Ridge at Hennepin Village Four Synopsis The Property Owner has requested the vacation of the drainage and utility easement to eliminate the possible encumbrance or overlap of easements over property being replatted as Eagle Crest at Hennepin Village. Background Information The easement was originally intended to cover a ponding area to be constructed on part of Outlot L. The recent platting of Eagle Crest at Hennepin Village has resulted in revisions to the pond boundaries and therefore, the need to revise the easement. The new plat contains the revised dedication of Drainage and Utility Easement necessary to cover the pond. Attachments • Resolution • Location Map • Plat of Outlot L,Eagle Ridge at Hennepin Village Four • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OUTLOT L,EAGLE RIDGE AT HENNEPIN VILLAGE FOUR VACATION 05-05 WHEREAS, the City of Eden Prairie has a certain Drainage and Utility Easement described as follows: The Drainage and Utility Easement dedicated in the plat of Eagle Ridge at Hennepin Village Four over Outlot L,Hennepin County,Minnesota; and WHEREAS,the City of Eden Prairie has been requested to vacate the following described part of this Drainage and Utility Easement: The Drainage and Utility Easement as dedicated in Outlot L, Eagle Ridge at Hennepin Village Four. WHEREAS, a Public Hearing was held on October 18 and November 1, 2005 after due notice was given to affected property owners and published in accordance with M.S.A.412.851; and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public,therefore, should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easement described as the Drainage and Utility easement as dedicated in Outlot L,Eagle Ridge at Hennepin Village Four is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A.412.851. ADOPTED by the Eden Prairie City Council on January 17, 2006. ATTEST: Nancy Tyra-Lukens,Mayor SEAL Kathleen Porta, City Clerk L_J o CIR. rI �� `9� �c rcu. CORRAL 22. MITCHELL pULD RD. . U LA. LA ��$ ,,,,,,,,,,,,,rii. . ;;.,... 0 19. o w _� 4 AZALEA 110. o $$•>� r......,.. N V 55. d' U O h� . .iii..iiiiiiiiii , W d TR. CIR. 2 > 9 NN\NG KE 56. D _F- 57. Q i.,,.,..,7T' >•f'iJ'�i4.'. T ERENITY LN: O ~ Tl ....... . . ,...,............... ..............i,,..,,. ................. ... 03. ��q 1 ; E. v ,� 3• R/ N ::............7;,5:*1� .....,..,...,.i. ., .;,,,.., S RD ......................................... HILLTOP RD. ........................................ ('Y NO lip COLLEC T116N VALLEY RD. ,., 2 Li ..........................' 22 W —� ...........:/... 217 PUr,9ato os. (3n'S P�PB �1ne T 1 16 rRq�L R22W O 20121 SITE 1 i 29128 is SPECT RD. O Q q - oRCN`�cHT Flying Cloud e 132. Airport �� S M O TpNF DR. Q� �� s M. A. C. ,�^ RgSSJ �N• F� j 135. a yv z w p w 0 DR. Mom' a �?. NORTH RIVER VIEW RD. R T116N R22W 2s 27 Creek '' ' ,,, , - -�' VAC 05-05 r 02005 Westwood.Professional Services.Inc. - - - Drainage & Utility Easement to be Vacated Drainage and utility easement as dedicated in Outlot L, EAGLE / RIDGE AT HENNEPIN NLLAGE FOUR, according to the recorded / plot thereof, Hennepin County, Minnesota. I \ '904 \ \ \ I I t` C•, \ ` OUTLOT L 0 a, 1 2 a 4 S t3 r-Eoeement to be Ibcoted / m 7 i 29 t n s "its 5 i is17 51 CIA 21 5 72 5 ' 23 Date 8/08/05 snop o 1 OF 1 24 c z0aslaseraro,.ew Eagle Ridge at o "ared for Basement Vacation wstwoea arotessitxia�services,Inc. Hennepin Village Four W � Ryland Homes Pe g sketch s!m r,a+a MN s»w Phone Pse.ar ereo Hden Pfeifle.Mfnnaeoh bbM44 Edo Prsirle,Mienesew VACATION 05-05 NOTICE OF VACATION OF THE DRAINAGE AND UTILITY EASEMENT OVER OUTLOT L,EAGLE RIDGE AT HENNEPIN VILLAGE FOUR Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on January 17, 2006 at 7:00 p.m. to hear all persons present upon the proposed vacation of the drainage and utility easement described as follows: The Drainage and Utility Easement as dedicated in Outlot L, Eagle Ridge at Hennepin Village Four Hennepin County,Minnesota. g p n', By Order of the City Council Published in the Sun Current on December 29, 2005 NOTIFICATION LIST VACATION REQUEST 05-05 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 28-116-22-31-0138thru 28-116-22-31-0165 28-116-22-31-0166 28-116-22-31-0194 Private Utility Companies will not need to be notified of this vacation. CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve First ITEM NO.: VIII.E. Leslie Stovring Reading of an Ordinance Amending City Public Works/Environmental Code Section 11.55 Requested Action Move to: • Close the public hearing;and • Approve first reading of an Ordinance amending City Code Section 11.55 relating to Land Alteration,Tree Preservation and Stormwater Management. Synopsis The Stormwater Management and Erosion Control Ordinance is being updated as part of the City's Phase II National Pollutant Discharge Elimination System (NPDES) permit program. City Code Section 11.55 has been revised to include requirements that the Minnesota Pollution Control Agency (MPCA)has instituted for issuance of a Stormwater Permit through the State's permitting authority. As part of this revision,the tree protection and mining requirements have also been updated. Background Information What is the Purpose of the Change? Through the ordinance,the City seeks to: • Protect the public from the adverse effects occasioned by poorly sited development or incompatible activities. • Protect water quality and environmentally sensitive lands while minimizing conflicts between Land Alteration activities and water quality. • Protect natural vegetation and topography to encourage a resourceful and prudent approach to urban development of wooded areas while mitigating for tree removal resulting from development. • Incorporate Best Management Practices into construction sites which would help reduce erosion and thus future costs associated with trying to restore ponding areas impacted by runoff. What has Changed? The Land Alteration,Tree Preservation and Stormwater Management Code will apply to land alteration activities such as excavating;grading;digging,cutting,scraping,clearing;removal of trees;or filling. The scope and application of some of the existing provisions have been changed, including: • The Mining Operations section has been removed. Mining operations would be covered as a land alteration and would require a Land Alteration Permit. • A Land Alteration Permit will not be required for single family home construction and small projects exempted in Subdivision 3. Land Alteration Permit construction and grading plans must be prepared by a Licensed Professional Engineer(PE). • Single Family Construction must comply with the General Land Alteration Requirements added in Subdivision 5. This would include items such as erosion control, slope protection and site stabilization. If more than 10% of the Significant Trees are removed during the course of construction,they would need to replace trees as outlined in Subdivision 4. • Expanded provisions for maintaining a clean site during construction were added, including driveway construction timelines,erosion correction,concrete truck wash out locations,protection of adjoining structures,temporary soil or dirt storage,site dewatering,waste collection and disposal, protection of wetlands and waterways,tracking and spilling protection and final stabilization of the site. • The City Engineer shall either approve or deny issuance of the Land Alteration Permit(intended for small projects)or recommend that the application be forwarded to the City Council for review or approval. • If the City accepts maintenance of the stormwater facility or structure, the City can require conveyance of land or interests therein, such as a drainage and utility easement. • Inspection and monitoring provisions were added to ensure compliance with the erosion control and land alteration requirements during construction. • Post construction inspection and maintenance requirements were added to ensure that the stormwater facilities are maintained in accordance with the State's stormwater permitting program. Maintenance would include removal of silt,litter and other debris,removal of noxious weed species or replacement of landscape vegetation as needed so that the stormwater facilities function as designed. • The Financial Security requirement was changed to be equal to 125%of the cost estimate stated in the application for a Land Alteration Permit. The Financial Security for Tree Replacement remains at 150%of the estimated cost to furnish and plant the replacement trees. • Provisions were added to allow the City to act against the Financial Security as well as to provide a process for release of the Financial Security. Attachments Attachment 1 —Draft Code Section 11.55 Attachment 2—Hearing Notice DRAFT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 11.55 RELATING TO CLEAN SITE, LAND ALTERATION, TREE PRESERVATION, AND STORMWATER MANAGEMENT REGULATIONS AND ADOPTING BY REFERENCE THE MINNESOTA POLLUTION CONTROL AGENCY'S PUBLICATION DATED 2000, ENTITLED "PROTECTING WATER QUALITY IN URBAN AREAS," CITY CODE CHAPTER I AND SECTION 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Chapter 11 — Section 11.55 entitled "Mining Operation, Land Alteration, and Environmental Preservation Regulations" is amended as follows: SECTION 11.55 - LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT REGULATIONS. Subd. 1.Declaration of Policy and Purpose. A. Land Alterations are conducted in certain places in the City. They are inherently accompanied by noise and dust, often create hazardous conditions and may result in lasting disfigurement of the places where they are carried on and thus may affect existing land uses in nearby areas, discourage further permanent development of the surrounding properties, impair adequate planning or municipal development, and diminish public health, safety, and general welfare. It is, therefore, desirable to regulate Land Alterations in the City. B. Tree removal, damage, and destruction tends to endanger the natural character of the land from which the trees have been removed and surrounding lands, and to diminish and impair the public health, safety and general welfare. The Council desires to protect the integrity of the natural environment and finds that trees do so by providing for better air quality, scenic beauty, protection against wind and water erosion, and natural insulation for energy preservation. Further, the Council finds that trees protect privacy and provide enhancement of property values. It is, therefore, the further purpose of this Section to provide regulations relating to the cutting, removal or killing of trees, with the consequent damage and destruction of the wooded and forested areas of the City, to promote the orderly development of such areas and thereby minimize public and private losses; to insure maintenance of the natural vegetation and topography; to encourage protection and preservation of the natural environment and beauty of the City; to encourage a resourceful and prudent approach to urban development of wooded areas which provides for minimal tree loss and mitigation of tree removal resulting from DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 1 of 21 development; to provide an objective method to evaluate a development's impact on trees and wooded areas and identify whether and how the impact may be reduced; to provide incentive for creative land use and good site design which preserves trees while allowing development in wooded areas with mitigation of tree removal and destruction; and to provide for enforcement and administration thereby promoting and protecting the public health, safety and welfare. C. Development projects can often create nuisance or even hazardous conditions such as erosion, litter, incomplete projects, noise, and parking issues. These conditions can interfere with existing land uses in surrounding areas and diminish public health, safety and general welfare. The Council seeks to promote, preserve and enhance the natural resources within the City and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating Land Alteration activities that would have an adverse and potentially irreversible impact on water quality and unique and environmentally sensitive land while minimizing conflicts and encouraging compatibility between Land Alteration activities and water quality and environmentally sensitive lands. Subd. 2. Definitions. For the purposes of this Section, the following terms, phrases, and words shall have the meanings stated below. A. Applicant.A person submitting an application for a Permit. B. Best Management Practices (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water. This includes, but is not limited to, practices such as minimizing the length of time soil is exposed and construction-phasing. C. Caliper Inches. The length, in inches, of a straight line measured through the Tree Trunk 12 inches above the ground. D. Canopy of a Tree. The horizontal extension of a tree's branches in all directions from the Tree Trunk. E. Certified Contractor. An individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion control practices. F. Control Measure. The practice or combination of practices to control erosion and sedimentation and attendant pollution. G. Detention Basin. A detention basin is a natural or man-made structure, facility or basin for the temporary storage of Stormwater to allow settling of Pollutants while delaying discharge of water so that water slowly empties from the area, including but not limited to,wetlands, dry ponds, vegetated swales, infiltration trenches and infiltration basins. DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 2 of 21 H. Discharge. The conveyance, channeling, runoff, or drainage of stormwater or any substance which enters a Stormwater Facility. I. Drip Line of a Tree. An imaginary vertical line which extends from the outermost branches of a tree's canopy to the ground. J. Diameter. Wherever this term is used in reference to the measurement of a tree it shall mean a Tree Trunk as measured 4.5 feet above the ground. K. Erosion. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. L. Erosion Control Systems. Methods, measures or systems employed to prevent soil erosion. M. Final Stabilization. All Land Alteration has been completed and a uniform perennial vegetative cover with a density of seventy-five (75) percent of the cover for unpaved areas and areas not covered by permanent structures has been established on the land or equivalent permanent cover or stabilization measures have been employed as approved by the City. Sowing grass seed is not considered stabilization. O. Land. "Land" shall mean and include an entire Lot (as defined in Section 11.02 of the City Code) on or within the boundaries of which Land Alteration has occurred, or is to occur. P. Land Alteration Permit. A permit to allow Land Alteration. Q. Land Alteration. Any land disturbing activity, including excavating; grading; digging, cutting, scraping, clearing; removal of trees; filling or other change or movement of earth which may result in diversion of a man-made or natural water course or erosion of sediments. R. NPDES. National Pollutant Discharge Elimination System (NPDES) as established pursuant to 33 USC § 1342 (b) to regulate discharges of Pollutants to waters of the United States. S. NPDES Permit. A NPDES stormwater discharge permit that is issued by the Minnesota Pollution Control Agency (MPCA) to regulate discharges of Pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area- wide basis. T. Permit. A Land Alteration Permit or a Building Permit. U. Permittee. The holder of a Permit pursuant to this Section. V. Pollutant. Pollutant means: (i) toxic or hazardous substances, wastes, or contaminants DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 3 of 21 (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §9601-9657, as amended); (ii) substances that would require a permit for their discharge into any water source or system or the air under the Federal Water Pollution Control Act, 33 U.S. C. §1251 et Spec., or the Clean Air Act, 42 U.S.C. §7401 et SN.; (iii) hazardous substances, Pollutants or contaminates defined in Minnesota Statutes Chapter 115B; (iv) litter,yard waste, garbage, liquid and solid wastes, fertilizers, pesticides, herbicides, paints, solvents, automotive fluids, wastes and residues that result from constructing a building or structure, and(iv) any other similar state law or ordinance. W. Retention Basin. A retention basin is a temporary or permanent natural or man made structure, facility or basin that provides a permanent pool of water for storage of Stormwater where water is allowed to empty through infiltration or evaporation, including but not limited to wet or NURP ponds. X. Root Zone of a Tree. The area under a tree which is at and within the Drip Line of a tree's canopy. Y. Runoff Management Plan (RMP). A plan that must be developed by the Applicant for management of stormwater runoff as required by the Lower Minnesota River Watershed District(LMRWD). Z. Sediment. The product of an erosion process, including solid matter both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, gravity or ice and has come to rest on the earth's surface either above or below the normal water level. AA. Sedimentation. The process or action of depositing sediment caused by erosion. BB. Significant Tree. Any deciduous hardwood tree (except elm, willow, box elder and aspen) measuring 12 inches in Diameter or greater, or a coniferous tree measuring 8 inches in Diameter or greater. CC. Site.The area of Land within which Land Alteration occurs or is to occur. DD. Stormwater. Any form of natural precipitation, including the melting of snow and ice, which causes water to runoff or flow from one place to another. EE. Stormwater Facility. Anything constructed to collect, convey, or store stormwater, including but not limited to, inlets, piped storm drains, pumping facilities, Retention and Detention Basins, drainage channels, reservoirs, and other drainage structures. DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 4 of 21 FF. Stormwater Management. The use of structural or non-structural practices that are designed to reduce the movement of Stormwater, including Stormwater discharge volumes, and peak flow discharge rates. GG. Stormwater Pollution Prevention Plan (SWPPP). A plan described in Subdivision 6.H. A SWPPP also refers to that SWPPP required by the MPCA under the NPDES Permit program(Minnesota Statutes Chapters 115 and 116, as amended). thereof.HH. Tree Trunk. The stem portion of a tree from the round to the first branch P g II. Vegetated or Grassed Swales. A vegetated earthen channel that conveys stormwater while treating the stormwater with biofiltration. Such swales may be designed to pretreat surface runoff by removing pollutants through filtration and infiltration. Subd.3. Scope and Effect. Except as hereafter provided, it is unlawful for an person to use Land for, or to engage directly P P � YP or indirectly in, Land Alteration unless such person shall first have applied to and obtained from the City, in the manner hereinafter provided, a Permit authorizing the same. A. Single Family Dwelling. A person engaging in Land Alteration in connection with the construction of a Single Family Dwelling must obtain a Building Permit from the City. No Land Alteration Permit is required. The Permittee who conducts Land Alterations pursuant to the Building Permit shall be required to comply with Subds. 2, 5, and 8 of this Section and in the event more than 10% of the Significant Trees on the Site are to be removed in connection with construction of the Dwelling,the Permittee shall also comply with Subds. 4 and 6.J hereof. Failure to comply with Subds. 2, 5, 8 and Subds. 4. and 6.J if applicable, will subject the Permittee to the provisions of Subd. 9. The application for the Building Permit shall include a Certificate of Survey in such form and content, including Erosion Control Measures, approved by the City. Single Family Dwelling construction includes construction of a single family dwelling, garage, pool, addition, driveway or deck. B. General Exemptions. The following Land Alterations are exempt from the requirements for a Land Alteration Permit: 1. Any Land Alteration occurring pursuant to a Permit approved by the City Council prior to 92005. 2. A lot for which a building permit has been approved by the City prior to 2005. 3. Movement of less than 100 cubic yards of earth. 4. Alteration of earth of less than one foot from its natural contour on any contiguous 1,000 square feet. DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 5 of 21 5. Cutting, removal or killing of less than 10%of the Significant Trees on any Land within a period of five years. 6. Any destruction or disruption of vegetation covering an area equal to or less than 10%of any Land. 7. Installation of a fence, sign, telephone or electric poles and other posts or poles which result in less than 1,000 square feet of exposed soil. 8. Home gardens or an individual's home landscaping, repairs and maintenance work. 9. Retaining walls less than four (4) feet in height and ten (10) feet in length are constructed. This would include a single or tiered retaining wall system. 10. Existing agricultural, horticultural or silvicultural operations. 11. Opening and closing graves. 12. Emergency work to prevent or alleviate immediate dangers to life, limb, property or natural resources. In such an event, if a Land Alteration Permit had been required but for the emergency, the obligations of this Section shall apply and shall be performed at the earliest reasonable time thereafter. 13. Excavations for tunnels, wells, utilities or other public work projects which are undertaken by the City. C. Other Requirements. Neither this Section nor any administrative decision made under it exempts a person from other requirements of this Code, from procuring permits required by other agencies (including but not limited to the Watershed District, Hennepin County, Minnesota Pollution Control Agency (MPCA) or the Minnesota Department of Natural Resources (DNR)) or for complying with the requirements and conditions of such permits. Subd. 4. Tree Replacement Plan Requirements. The issuance of a Land Alteration Permit or Building Permit, if applicable, shall be further subject to and conditioned upon compliance by the Permittee with the following: A. Tree Replacement Requirements. The Permittee shall replace significant live trees lost or reasonably anticipated to be lost as a result of building, construction or Land Alteration immediately or in the future, by the Permittee, his agent, successor in interest, or any other person to whom or by whom all or any part of the land may be sold, graded, built upon, or altered by planting that number of trees("replacement trees")determined in accordance with the following formula: DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 6 of 21 A= Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration B = Total Diameter Inches of Significant Trees Situated on the Land C= Tree Replacement Constant(1.33) D= Replacement Trees(Number of Caliper Inches) [(AB)x C] x A=D EXAMPLE A=337 B =943 C= 1.33 D= 160 [(337/943)x 1.33] x 337= 160 The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. A Financial Security is required as described in Subdivision 11 of this Section. B. Location of Replacement Trees. Replacement trees shall be planted in one or more of the following areas on the land: (1) Restoration areas including steep slopes. (2) Outlots or common areas. (3) Buffer zones between different land uses and/or activities. (4) Project entrance areas. (5) Any other part of the land except any thereof dedicated or conveyed to the City, unless the City consents thereto. C. Sizes and Types of Replacement Trees. Replacement trees must be no less than the following sizes: (1) Deciduous trees-no less than three(3)Caliper Inches. (2) Coniferous trees-no less than seven(7) feet high. On steep slopes (i.e., greater than 3:1) deciduous trees may be two (2) Caliper Inches and coniferous trees may be six(6) feet in height. Replacement trees shall be of a species similar to the trees which are lost or removed and shall include those species pre-approved in writing by the City. The following table is provided for guidance in selection of trees and shrubs. DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 7 of 21 --DECIDUOUS TREES CtIITJN DAME BOTANICAL.NAME Red Maple or cultivar Acer rubrum,Northwood,Firedance Silver Queen Maple(seedless) Acer saccharinum, 'Silver Queen' Sugar Maple or cultivar Acer saccharum, Green Mountain River Birch Betula gigra Hackberry Celtis occidentalis Fraxinus pennsylvanica, Kindred,Newport,Bergeson, Green Ash or cultivar Marshall's Seedless,Patmore, Summit Ginkgo Gink o biloba male only) Hone locust Gleditsia triacanthos inermis Kentucky Coffeetree G mnocladus dioica Ironwood 0sqya vir iniana Robusta poplar Po ulus x Robusta Siouxland Cottonwood Po ulus deltoides x Siouxland White Oak Ouercus alba Swamp White Oak Quercus bicolor Pin Oak Quercus palustris Northern Red Oak Ouercus rubra American Linden Tilia americana Littleleaf Linden or cultivar Tilia cordata, Glenleven, Greens ire Redmond Linden Tilia americana, 'Redmond' 7777 CONIFER0 S SEES '.:' C( 1C `N BOTANICIL NAME", - Balsam Fir Abies balsamea White Fir Abies concolor European Larch Larix decidua Black Hills Spruce Picea lauca'Densata' Austrian pine Pinus gigra Ponderosa Pine Pinus pgnderosa Norway Pine Pinus resinosa Scotch Pine Pinus s lvestris White Pine Pinus strobus Colorado Spruce Picea un ens D. Time to Perform. Replacement trees shall be planted not less than 18 months from the date of issuance of the permit. DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 8 of 21 I E. Missing,Dead or Unhealthy Trees. Any replacement tree which is not alive or healthy one (1) year after the date that the last replacement tree has been planted shall be removed and a new healthy tree of the same size and species shall be planted in place of the removed tree. A new healthy tree of the same size and species shall be planted in place of any replacement tree missing within one (1) year after such date. Planting shall occur no later than the first fall or spring following such year. F. Sources of Trees. Replacement trees shall consist of"certified nursery stock" as defined by Minnesota Statutes Section 18.46 or other trees ("wilding trees") so long as such wilding trees comply with the following standards. A wilding tree measured in Caliper Inches shall not exceed the maximum height as shown in the table below: CALIPER ITCHES MAXIMUM HEIGHT (FEET). 2 18 2 18 3 20 3 20 4 24 5 28 The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one-half of the total height of the tree. (Example: a 16 foot tree must have a branch within 8 feet of the surface of the surrounding ground.) Trees planted in place of missing, dead, or unhealthy replacement trees shall consist only of"certified nursery stock"as defined by Minnesota Statutes, Section 18.46. G. Exceptions. The provisions of Subd. 4 shall not apply to the cutting of trees planted and grown by the owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property according to Minnesota Statutes 1989 Supplement, Section 273.13, Subd. 23(b) because it was as of such date real estate, rural in character, and used exclusively for growing trees for timber, lumber, wood and wood products as described in clause(1) of said Subd. 23(b). Subd. 5. General Requirements for Land Alteration. Land Alteration shall be subject to and conditioned upon the performance by the Permittee of the following general requirements regardless of whether a Land Alteration Permit is required: A. Concrete Truck Wash Out. The Permittee must designate a location for wash out of concrete trucks and equipment. Sites that are one acre or more must provide a station for washing out concrete trucks and equipment. The location of the wash out area or wash DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 9 of 21 out station shall preclude the drainage of concrete and water from the washing activities to a Stormwater Facility or water resource. B. Corrections. If erosion breaches the perimeter of the Site, the Permittee shall immediately correct, clean up and/or restore the Site. The Permittee shall obtain a right- of-entry from the adjoining property owner(s) and implement clean up and restoration on adjoining properties affected by the erosion breaches within 48 hours of obtaining approval. C. Drain inlet protection. All storm drain inlets shall be protected during construction with straw bales, silt fence or other equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas" or alternative pre-approved in writing by the City until Control Measures are in place. D. Driveway construction. All driveways to be constructed shall be installed in accordance with City Code Chapter 11 surface requirements within 120 days after construction of the structure(s), in connection with which the driveway is constructed, has been completed or a Certificate of Occupancy has been issued, whichever occurs first, unless otherwise approved by the City. E. Erosion Control Installation. Erosion Control Systems shall be installed by the Permittee prior to commencement of any Land Alteration activity and maintained during the Land Alteration activities in accordance with the following parameters: 1. Stormwater channeled from adjacent areas passing through the Site shall be diverted around disturbed areas during the Land Alteration, if practical. Diverted Stormwater shall be conveyed in a manner that will not erode the channels. 2. All activities on the Site shall be conducted in a manner which minimizes the area of bare soil exposed at any one time. 3. Runoff from the Site shall be controlled by meeting either subsections a and b or c, depending on the size of the Site. (a) All disturbed earth left inactive for more than thirty (30) days shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent Control Measure pre-approved in writing by the City. (b) For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one (1) or more temporary and/or permanent Detention or Retention Basins shall be constructed. Each Basin shall have a surface area of at least 1% of the area draining to the Basin and at least three (3) feet of depth and constructed in accordance with design specifications approved by the City. Sediment shall be removed to maintain a depth of three (3) feet. The Basin discharge rate DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 10 of 21 shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water. (c) For Sites with less than ten (10) acres disturbed at one time, silt fences, straw bales, or equivalent Control Measures shall be placed along the side and down slopes of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. Erosion Control Systems may be adjusted during dry weather to accommodate short term activities, such as those that require the passage of very large vehicles. As soon as the activity is finished and in any event prior to the occurrence of rainfall, the erosion and sediment control structures must be returned to the configuration specified or approved by the City. F. Erosion Control Maintenance. All Erosion Control Systems shall be designed to minimize the need for maintenance, to provide access for maintenance purposes and be maintained in a functional condition until Final Stabilization of the construction site and all Land Alteration, including completion of turf and/or structural surfaces used to control soil erosion, are complete. Erosion Control Systems shall be removed within thirty (30) days following Final Stabilization. G. Field Testing / Field Measurements. To assure that the Land Alteration is being conducted in accordance with the conditions stated on the Land Alteration Permit and with the requirements of this Section,the City may order, at the expense of the Permittee, those field measurements the City deems necessary to assure that such conditions and requirements are being followed. Such work is to be done at the direction of the City on an hourly charge fixed by the City. H. Final Stabilization. Upon ceasing operations or upon interrupting Land Alterations for a period of six (6) months, the Permittee shall complete Final Stabilization of the site. Ground cover shall be established within sixty (60) days of a Certificate of Occupancy issued from April I to August 31 or by the following June 1 for a Certificate of Occupancy issued between September 1 to March 31. I. Hours of Operation. No operations shall be conducted prior to 7:00 o'clock a.m. nor after 7:00 o'clock p.m. on Monday through Friday, prior to 9:00 o'clock a.m. nor after 7:00 o'clock p.m. on Saturday, nor any time on Sundays and legal holidays. The City may, upon good cause being shown,vary these days and hours in writing. J. Protection of Adjoining Structures. No Land Alteration shall occur which may endanger the use or support of adjoining lands or structures. K. Slope Stabilization. Land contours made in conjunction with Land Alteration shall be sloped on all sides at a minimum ratio of three to one or greater as required in this Section, unless a steeper slope shall be approved in writing by the City. DRAFT City Code Section 11.SS Land Alteration, Tree Preservation And Stormwater Management Regulations Page I of 21 L. Stormwater Facility / Stormwater Management Design. If Stormwater Facilities are required by the City, the Stormwater Facilities shall be designed by a Licensed Professional Engineer (PE) based on National Urban Runoff Program (NURP) Design Criteria. Alternatives to the NURP Design Criteria must be approved by the City. The NURP Design Criteria includes the following. 1. A permanent pond surface equal to 2% of the impervious area draining to the pond or 1%of the entire area draining to the pond,whichever amount is greater. 2. An average permanent pool depth of four(4)to ten (10) feet. 3. A recommended permanent pool length to width ratio of 3:1 or greater. 4. A minimum protective shelf extending ten (10) feet into the permanent pool with a slope of 10:1, beyond which slopes shall not exceed 3:1. 5. All Stormwater Facilities shall have a device to keep oil, grease, and other water borne material from moving downstream as a result of normal operations. M. Temporary Construction Fencing. The Permittee shall install temporary construction fencing around the Site, if necessary, to protect the public or natural resources against injury or damage. All temporary construction fencing shall be removed within ten (10) days following elimination of potential injury or damage or issuance of a Certificate of Occupancy, whichever occurs first. The fencing shall not be used as a permanent installation. N. Temporary Soil or Dirt Storage. Soil or dirt storage piles containing more than fifty (50) cubic yards of material remaining for more than twenty-one (21) days shall be stabilized by mulching, vegetative cover, tarps, or other means. Erosion from piles shall be controlled by placing straw bales or silt fence barriers around the pile. O. Tracking or Spilling. Best Management Practices (BMPs) shall be employed to minimize sediment from being tracked or spilled onto public or private roadways. The BMPs may include, but are not limited to, frequent cleaning of streets adjacent to the construction site, rock construction entrances, graveled roads, washing stations and parking areas of sufficient width and length. Sediment reaching a sidewalk, trail or public or private road shall be removed by street cleaning with power sweepers (not flushing) before the end of the workday or within the time frame stipulated in the Permit or as ordered by the City Engineer, Manager of Building Inspections or their delegate. Should eroded soils enter, or entrance appears imminent, into wetland or other water bodies, clean up and repair shall be immediate. The Permittee shall provide all traffic control and flagging required to protect the traveling public during clean up operations. P. Site Dewatering. Water pumped from the Site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 12 of 21 concentrators or other controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding that creates an adverse impact to the site, receiving channels or a wetland. Q. Unsafe Conditions. The Permittee shall repair, change, alter or modify or desist from any Land Alteration deemed by the City Engineer or his/her designee to be the cause of unsanitary, dangerous, or polluted conditions inimical to the general welfare of the City. R. Waste and Material Collection and Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, litter, wastewater or sewage, toxic materials or hazardous materials) shall be properly contained while on site, properly disposed of off-site, and not allowed to be carried by water and/or wind off the site or into a receiving channel or storm sewer system. Waste containers and all construction materials shall not be placed or stored such that they obstruct, encroach upon, or interfere wholly or in part with any public right-of-way, including but not limited to, public roadways, trails, sidewalks, parks or other public properties. S. Wetlands and Waterways. Stormwater shall not be discharged directly into any natural water bodies such as wetlands, lakes or streams without pre-settlement. Wetlands must not be drained or filled, wholly or partially, unless a permit to replace by restoring or creating wetland areas of at least equal public value has been issued by the local governing unit. The permit and replacement must be in accordance with the Wetlands Conservation Act [MN Statutes 103G.221 et. Seq. (herein referred to as the WCA)]. Subd. 6. Land Alteration Permit Application Requirements. A person seeking a Land Alteration Permit shall make application to the City on a City-approved form which shall include the following: A. Address I Name. The name, address and telephone number of the Applicant, and the owner of the land subject to the Land Alteration and the Site of the proposed Land Alteration. B. Estimated Cost of the Land Alteration. The Applicant must provide an estimated cost for the proposed land alteration. C. Inspection and Maintenance. All Stormwater Facilities shall be designed to minimize the need for maintenance, to provide access for maintenance purposes and to be structurally sound. The Applicant shall obtain necessary easements or other property interests to allow access to the Stormwater Facilities for inspection and maintenance. D. Land Alteration Permit Fees. A Plan Review Fee and a Land Alteration Permit Fee in an amount determined by the Council and fixed by resolution must be paid at the time of submitting an Application to the City. In the event the Application for a Land Alteration Permit is denied,the Land Alteration Permit Fee shall be returned to the Applicant. DRAFT City Code Section 11.SS Land Alteration, Tree Preservation And Stormwater Management Regulations Page 13 of 21 E. Site construction and/or site grading plans. Plans shall be provided at the same scale. The minimum scale shall be one inch equals 50 feet. All plans must be signed by a Licensed Professional Engineer (PE) who must verify that the design of all Stormwater Facilities and Erosion Control Systems meet the requirements contained in this Section. The plans must include the following. 1. A topographic map of the Site on which the proposed Land Alteration is to occur showing ground elevation contours at two-foot intervals. The map shall show the Site as it exists prior to the proposed Land Alteration and shall include a minimum of 100 feet of land abutting the Site that is sufficient to show on- and off-site drainage. 2. A topographic map of the Site showing the proposed ground elevation contours at two-foot intervals of the Site when the Land Alteration is completed. 3. Locations and dimensions of all proposed Land Alteration. 4. The location and size of existing and proposed building pads. 5. Locations and dimensions of all temporary or interim soil or dirt stockpiles. 6. Location, dimensions and plans of all temporary, interim and final Stormwater Facilities and Erosion Control Systems necessary to meet the requirements of this Section. 7. Finished grading plan which shows at two-foot intervals, the land and Site features before and after the Land Alteration. 8. Methods that will be used to stabilize the site after construction, including types, time frames and schedules. 9. A restoration plan for areas disturbed by the Land Alteration. F. Proposed Use. A statement relating to the current and proposed use of the Land including, if any, the type of building or structure situated, or contemplated to be built thereon. G. Schedule. The estimated period of time within which the Land Alteration will be conducted, including any phasing of Land Alteration. The schedule must include an anticipated start and completion date of the Land Alteration including the installation of temporary, interim and final Erosion Control Systems needed to meet the requirements of this Section. H. Stormwater Pollution Prevention Plan (SWPPP). A SWPPP shall be provided that describes the control and management of the flow of Stormwater and associated water quality impacts resulting from the development. A copy of the Application for General DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 14 of 21 Stormwater Permit for Construction Activity for the Site if required by the Minnesota Pollution Control Agency must be provided with the SWPPP. The following Stormwater management practices must be evaluated while developing the S WPPP: 1. Natural infiltration of precipitation on-site; 2. Flow attenuation by use of open vegetated swales and natural depressions; 3. Stormwater Detention Basins;and 4. Stormwater Retention Basins. I. Runoff Management Plan (RMP). A copy of the RMP, if required, submitted to the Lower Minnesota River Watershed District(LMRWD). J. Tree Inventory. A tree inventory certified by a registered land surveyor, landscape architect or forester depicting: 1. The size, species, condition and location on the Site of all Significant Trees. On large wooded areas, forest mensuration methods may be used to determine the total Diameter inches of trees outside the area of the proposed Land Alteration. 2. Significant trees which will be lost due to the proposed Land Alteration. Significant Trees shall be considered lost as a result of. (i) grade change or Land Alteration, whether temporary or permanent, of greater than one (1) foot measured vertically,affecting 60%(as measured on a horizontal plane)or more of the tree's Root Zone; (ii) utility construction (i.e., sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of the tree's roots within the Root Zone; (iii) mechanical injury to the Tree Trunk of a Significant Tree causing loss of more than 40% of the bark at any given diameter location along the trunk; or, (iv) compaction to a depth of 6 inches or more of 60%or more of the surface of the soil within a Significant Tree's Root Zone. 3. The number, type and size of trees required to be replaced pursuant to this Section. 4. The location of the replacement trees. Subd. 7.Permit Application Review and Approval. The City Engineer or his/her designee shall review an application for a Land Alteration Permit to determine its conformance with the provisions of this Section. Within 90 days of receiving a complete Application, the City Engineer or his/her designee shall either approve or deny DRAFT City Code Section 11.SS Land Alteration, Tree Preservation And Stormwater Management Regulations Page 15 of 21 issuance of a Permit or recommend that the application be forwarded to the City Council for review and approval. A. Conditions. Approval, denial, or approval subject to conditions of a Land Alteration Permit shall be based upon the following factors: 1. Whether, and the extent to which, the Land Alteration may create or exacerbate a safety risk to surrounding persons or property. 2. Whether, and the extent to which, the Land Alteration may cause any harm to the environment including, but not limited to, noise, dust, erosion, undue destruction of vegetation, and accumulation of waste materials and Pollutants. 3. Whether the physical characteristics of the Site, including but not limited to topography, vegetation, susceptibility to erosion or siltation, susceptibility to flooding, water storage or retention, are such that the Site is not suitable for Land Alteration or the use contemplated. 4. Whether the Land Alteration or proposed use is likely to cause substantial environmental damage. 5. Whether the Land Alteration or proposed use will be detrimental to the health, safety or general welfare of the public. 6. Whether adequate plans have been made for restoring and/or stabilizing the Site upon completion of the Land Alteration. 7. Whether there is a substantial likelihood that the Applicant will be able to comply with the rules and regulations of this and other applicable Sections of the City Code. 8. Whether the Site proposed for the Land Alteration is zoned for the use to which the Land will be put after the Land Alteration is completed. 9. If the City accepts maintenance of the Stormwater Facility, the City can require conveyance to the City or other public entity certain lands or interests therein. A Land Alteration Permit may be approved subject to conditions which limit the size; kind or character of the proposed Land Alteration; require the construction of Stormwater Facilities; require replacement of vegetation; establish monitoring procedures; require staging the work over time; and/or require buffering. B. Modifications. A Permittee may submit to the City a written request for modification of a Permit. The City Engineer or his/her designee shall review the request and either approve or deny the request or recommend that the request be forwarded to the City DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 16 of 21 Council for review and approval. The City may require additional reports and data from the Permittee in reviewing the request. Subd.8.Inspections,Monitoring and Maintenance. Inspections of the Site to determine compliance with the requirements outlined in this Section are the responsibility of the Permittee and/or Owner of the Site. Sites which require a NPDES Permit or are greater than 1.0 acre in size must have inspections completed by a Certified Contractor or a Licensed Professional Engineer (PE). Inspection results and maintenance activity reports must be completed and submitted in writing to the City. A. Right of Entry and Access to Materials. The City shall be entitled to enter and inspect the Site as often as may be necessary to determine compliance with this Section and shall be entitled to examine and copy records, wherever they may be kept that must be maintained pursuant to the Permit or required by state or federal law. B. Obstructions to Access. Any temporary or permanent obstruction to safe and easy access to a Site subject to be inspected shall be promptly removed by the Applicant at the request of the City and shall not be replaced. C. Monitoring of Stormwater Discharge. The City shall have the right to set up on any Site subject to a Permit NPDES Permit or SWPPP such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the Stormwater. D. Inspections and Maintenance during Land Alteration Activities. During the Land Alteration the Permittee must inspect each Stormwater Facility and Erosion Control System bi-weekly and immediately after each rainfall event of 0.5 inches or more. Any erosion or breach in an Erosion Control System must be corrected within 48 hours of identifying the erosion or breach. Correction may include, but is not limited to: removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; or replacement of landscape vegetation. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of Erosion Control Systems and other Stormwater Facilities. E. Post Activity Inspections. Unless the Owner receives an exemption from the City Engineer for a minor Stormwater Facility all Stormwater Facilities constructed under a Land Alteration Permit must undergo, at a minimum, one inspection every five (5) years after completion of the construction to document maintenance and repair needs and ensure compliance with the requirements of this Section and accomplishment of its purposes. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement in favor of the City. DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 17 of 21 F. Post Activity Stormwater Facility Maintenance. Owners of a Property which includes a Stormwater Facility must maintain the Stormwater Facility to ensure proper functioning of the Stormwater Facility over time. Maintenance shall include: removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; or replacement of landscape vegetation if needed. Any required maintenance shall be addressed in a timely manner, as determined by the City. The maintenance requirement may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility over time. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement in favor of the City. G. Stormwater Facility Easement. When any new Stormwater Facility is installed on private property, or when any new connection is made between private property and a public Stormwater system, the property owner shall grant to the City an easement in recordable form granting the City the right to maintain, reconstruct, repair and inspect the Stormwater Facility. The easement shall include the right to enter onto the Site to gain access to the Stormwater Facility. Subd.9.Failure to Maintain Practices If a Permittee fails or refuses to meet any of the requirements of this Section, the City, after reasonable notice, may correct a violation by performing all necessary work to place the Site in compliance with this Section. The notice shall set forth a deadline within which correction of the violation must be completed. The notice shall further advise that, should the Permittee fail to correct the violation within the established deadline, the work will be done by the City with its forces, or a contractor and the expense thereof shall be charged to the Permittee. Building inspections may be withheld until the violation is abated or corrected. If payment is not made within thirty (30) days after costs are incurred by the City, payment will be made from the Permittee's Financial Security as described in this Section. If there is an insufficient amount in the Financial Security to cover the costs incurred by the City or if there is no Financial Security for the project, then the City may thereafter if authorized by law assess the owner(s) of the facility or project site for the cost of repair work and any penalties and the cost of the work shall be a lien on the property and may be placed on the tax bill and collected as ordinary taxes by the county. Subd. 10. Suspension or Revocation of Permit. The City may end or revoke the Permit as follows: Y suspend A. Suspension. If the City determines that the permit was issued in error or on the basis of incorrect information; is in violation of any provision of this Section or any Ordinance or Regulation; or if an inspection reveals that the work is not in compliance with the requirements of this Section,the City may suspend the permit and issue a stop work order DRAFT City Code Section 11.SS Land Alteration, Tree Preservation And Stormwater Management Regulations Page 18 of 21 and the Permittee shall cease all work on the work Site except for work necessary to remedy the cause of the suspension. The Permittee may request a reinstatement of a suspended Permit upon correction of the causes for suspension. If the conditions of the Permit have been complied with in full,the City shall reinstate the Permit. B. Revocation. If the Permittee refuses or fails to cease work after the suspension, the City shall revoke the Permit. Subd. 11. Financial Security. Financial Security is required prior to issuance of a Land Alteration Permit. The Financial Security may take the form of a performance bond or irrevocable letter of credit issued by a financial institution and in a form acceptable to the City or cash in United States currency. The performance bond, letter of credit, or an agreement relating to the deposit of cash with the City shall provide that the surety, in the case of a performance bond; the-issuer of the letter of credit; and/or depositor of cash undertakes and guarantees the performance of Applicant's obligations pursuant to the terms of the Permit, including but not limited to, the Applicant's obligations imposed pursuant to this Section and indemnifying the City against any loss, cost or expense, including an amount as and for reasonable attorney's fees incurred in enforcing the obligations of Applicant pursuant to the permit. A. Land Alteration Permit Financial Security. The Council may make its approval of the issuance of a Land Alteration Permit contingent upon the Applicant posting Financial Security of 125 percent (125%) of the cost estimate stated in the application for a Land Alteration Permit and agreed by the City to be the cost of the work to be done under the Land Alteration Permit("Land Alteration Permit Financial Security"). B. Tree Replacement Financial Security. The Council may make its approval of the issuance of a Land Alteration Permit in which trees are required to be replaced contingent on the Applicant posting additional Financial Security of 150 percent (150%) of the estimated cost to furnish and plant the replacement trees ("estimated cost"). The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of the replacement trees. The estimated cost shall be subject to approval by the City. In the event the estimated cost submitted by the Applicant to the City is not approved by the City, the City shall have the right in its sole discretion to determine the estimated cost("Tree Replacement Financial Security"). Subd. 12. Action Against Financial Security. The City may act against the appropriate Financial Security in the event of a violation of the terms of the Permit, including but not limited to the following: A. The Permittee stops performing the Land Alteration or Tree Replacement and abandons the work site for a period of thirty (30) days prior to completion of the Land Alteration or Tree Replacement. DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 19 of 21 B. The Permittee fails to conform to the Land Alteration Permit as approved, and/or has had its Land Alteration Permit revoked. C. The techniques outlined in the Land Alteration Permit fail within one year of installation or before Final Stabilization is achieved for the Site or portion of the Site, whichever comes later. D. The City determines that action by the City is necessary to prevent excessive erosion from occurring on the Site, or to prevent sediment from occurring on adjacent or nearby properties. The City shall use funds recovered from the Financial Security to reimburse the City for all direct and indirect costs incurred in doing the remedial work undertaken by the City and/or private contractor under contract with the City. Subd. 13. Release of Financial Security. The Land Alteration and Tree Replacement Financial Securities shall be released to the person who deposited the Financial Securities upon determination by the City that the conditions of the Land Alteration Permit and Tree Replacement Plan have been satisfactorily performed and no action has been taken by the City to recover all or a part of the Financial Securities before that determination has been made. No portion of the securities shall be released while there are unsatisfied obligations of the Permittee to indemnify the City for any expenses incurred in enforcing the terms of the agreement provided for in this Section. When more than half of the Site's maximum exposed soil area achieves Final Stabilization, the City can reduce the total required amount of the Financial Security by half, if recommended by the City Engineer or his/her designee. A portion of the Tree Replacement Financial Security shall be retained to secure the Permittee's obligation to remove and replant replacement trees which are not alive or are unhealthy at the end of one (1) year after the date that the last replacement tree has been planted to replant missing or unhealthy trees. Upon completion of the replanting of such trees, the entire Financial Security will be released. Subd. 14. References. The Minnesota Pollution Control Agency's (MPCA's) publications entitled "Protecting Water Quality in Urban Areas" dated 2000 and "State of Minnesota Stormwater Manual" dated November 2005 are hereby adopted and incorporated by reference. Copies of the publications shall be kept in the Engineering Department. Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are herby adopted in their entirety, by reference, as though repeated verbatim herein. DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 20 of 21 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of January, 2006 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2006. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on December 29,2005. DRAFT City Code Section 11.55 Land Alteration, Tree Preservation And Stormwater Management Regulations Page 21 of 21 CITY OF EDEN PRAIRIE,MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO CITY CODE SECTION 11.55-LAND ALTERATION,TREE PRESERVATION AND STORMWATER MANAGEMENT REGULATIONS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m. on Monday, January 17, 2006 to consider adoption of an amendment to the City Code regarding standards for land alteration, tree preservation and stormwater management for construction sites. It is proposed that Section 11.55 of the City Code be amended to address provisions of the City's Phase 11 National Pollutant Discharge Elimination System (NPDES) permitting requirements. The proposed amendment revises the City's existing stormwater management, erosion control and tree protection standards to meet these new requirements. QUESTIONS OR COMMENTS: A copy of the proposed amendment is on file and available for public inspection at the City of Eden Prairie's Engineering Office (8080 Mitchell Road) between the hours of 8:00 a.m. and 4:30 p.m., weekdays. Additional questions regarding the proposed amendment should be directed to Leslie Stovring, Environmental Coordinator, at 952- 949-8327. City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Publish: Sun Current Newspaper December 29, 2005 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings January 17, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Leslie Stovring Withdraw Item on Hearing for an Ordinance Public Works/Environmental Amending City Code Section 6.06 Requested Action No action is required. Staff is withdrawing this request. Synopsis City Code Section 6.06 was to be modified to clarify and expand requirements for placement of obstructions in streets, such as dumpsters or roll-off containers. A process for obtaining a permit from the Director of Public Works and language to allow inspections of the obstructions and premises was to be added. However, on further review, it was determined that City Code Chapter 6.0 on Streets and Sidewalks should be revised in its entirety to provide consistency in review requirements and to update the standards to meet current practices and regulations. The revised Chapter will be rescheduled for a public hearing within 60 days. Attachment Hearing Notice CITY OF EDEN PRAIRIE,MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO CITY CODE SECTION 6.06—OBSTRUCTIONS IN STREETS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m. on Monday, January 17, 2006 to consider adoption of an amendment to the City Code regarding standards for obstructions in streets. It is proposed that Section 6.06 of the City Code be amended to clarify and simplify permitting requirements for placement of obstructions in streets, such as roll-off dumpsters. The proposed amendment revises the City's existing requirements for obstructions to allow placement of obstructions in public streets, public ways or public property when the Director of Public Works has determined that completion of the project is not feasible without reasonable, temporary obstruction thereof. QUESTIONS OR COMMENTS: A copy of the proposed amendment is on file and available for public inspection at the City of Eden Prairie Engineering Office between the hours of 8:00 a.m. and 4:30 p.m., weekdays. Additional questions regarding the proposed amendment should be directed to Leslie Stovring, Environmental Coordinator, at 952-949-8327. City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Publish: Sun Current Newspaper December 29,2005 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 17,2006 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: IX. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 147906- 148280 Wire Transfers 2388 -2393 City of Eden Prairie Council Check Summary 1/17/2006 Division Amount General 51,621 100 City Manager 256 101 Legislative 30,105 104 Contingency 44 III Customer Service 5,467 113 Communication Services 1,423 114 Benefits&Training 5,200 115 Risk Management 325 116 Facilities 1,915 117 City Center 6,589 130 Assessing 3,596 131 Finance 514 132 Social Services 5,932 133 Planning 285 135 Information Technology 35,688 136 Wireless Communication 6,309 137 Economic Development 575 150 Park Administration 3,944 151 Park Maintenance 7,997 153 Organized Athletics 11,191 154 Community Center 1,203 156 Youth Programs 26 158 Adult Recreation 6,161 159 Recreation Administration 135 160 Therapeutic Recreation 1,665 161 Oak Point Pool 4,701 162 Arts 2,361 163 Outdoor Center 2,307 180 Police 36,540 183 Emergency Preparedness 62 184 Fire 15,802 186 Inspections 100 200 Engineering 2,621 201 Street Maintenance 19,376 202 Street Lighting 55,008 203 Fleet Services 34,293 204 Equipment Revolving 118,439 301 CDBG 26,659 303 Cemetary Operation 7 304 Senior Board 130 312 Recycle Rebate 20 316 WAFTA 27,027 502 Park Development 6,484 503 Utility Improvement 71,088 509 CIP Fund 6,617 511 Construction Fund 938 515 Fire Station#4 108,664 516 ADC PROJECT 1,838 517 212/Charlson Intersection 773 601 Prairie Village Liquor 39,363 602 Den Road Liquor 63,930 603 Prairie View Liquor 36,822 605 Den Road Building 152 701 Water Fund 48,386 702 Sewer Fund 1,365 703 Storm Drainage Fund 32 803 Escrow Fund 55,459 806 SAC Agency Fund 66,033 807 Benefits Fund 476,077 Report Totals 1,517,646 City of Eden Prairie Council Check Register 1/17/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2388 14,545 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2389 26,041 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2390 81,078 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2391 19,056 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2392 32,569 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2393 158,286 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 147906 247 BROWNING,RYAN Mileage&Parking Information Technology 147907 18 BUDGET PLUMBING CORP Cash Over/Short General Fund 147908 19 CENTURY PLUMBING Cash Over/Short General Fund 147909 163 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 147910 743 DUALE,KHADRA Tuition Reimbursement/School Organizational Services 147911 27,027 ENSR Other Contracted Services WAFTA 147912 60 FEDEX Other Hardware Information Technology 147913 354 FREY,LYNDELL Mileage&Parking Athletic Programs Admin 147914 25 HENNEPIN COUNTY TREASURER Operating Supplies Planning 147915 1,500 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 147916 819 MEDICINE LAKE TOURS Special Event Fees Trips 147917 1,492 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 147918 305 MINNESOTA GREEN EXPO Prepaid Expenses General Fund 147919 675 MINNESOTA TURF AND GROUNDS FOU Prepaid Expenses General Fund 147920 201 NCPERS GROUP LIFE INSURANCE Prepaid Expenses General Fund 147921 400 PETTY CASH Mileage&Parking Senior Board 147922 83 PETTY CASH-EPCC Mileage&Parking Community Center Admin 147923 70 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 147924 245 PROP United Way Withheld General Fund 147925 754 RUE,RODNEY Mileage&Parking Engineering 147926 88 RYLAND HOMES Cash Over/Short General Fund 147927 374 U S BANK Paying Agent Utility Improvement Fund 147928 273 UNITED WAY United Way Withheld General Fund 147929 301 WALMART COMMUNITY Operating Supplies Youth Programs Administration 147930 50 CAMPOS,LORI Instructor Service Outdoor Center 147931 3,550 COMMISSIONER OF TRANSPORTATION Design&Engineering ADC PROJECT 147932 16,238 EMERGITECK INC. Software Maintenance Information Technology 147933 176 GE CAPITAL Other Rentals General 147934 414 GLENROSE FLORAL AND GIFT SHOPS Accounts Payable Escrow 147935 260 GRAY,ALAN Dues&Subscriptions Engineering 147936 3,521 HENNEPIN COUNTY TREASURER-TARP Other Contracted Services Assessing 147937 130 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 147938 119,638 MEDICA Medical Bills Prepaid Health and Benefits 147939 796 MEDICINE LAKE TOURS Special Event Fees Trips 147940 74 MINN OFFICE OF ENTERPRISE TECH Software Maintenance Information Technology 147941 75 MINNESOTA LEGAL REGISTER Dues&Subscriptions Assessing 147942 11,500 MUNICIPAL LEGISLATIVE COMMISSI Dues&Subscriptions City Council 147943 135 NFPA Dues&Subscriptions Fire 147944 201 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 147945 571 QWEST Telephone Forest Hills Park 147946 107,131 SHORT ELLIOTT HENDRICKSON INC Building Fire Station#4 147947 20 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 147948 750 UNIVERSITY OF MINNESOTA Conference Expense Engineering 147949 17 UPS Postage Water System Maintenance 147950 224 WILSON,JOHN D. Operating Supplies Police 147951 28,132 XCEL ENERGY Electric Water Treatment Plant 147952 129 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 147953 600 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 147954 78 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 147955 8,888 BELLBOY CORPORATION Liquor Den Road Liquor Store 147956 84 BERLSON IMPORTS Beer Prairie View Liquor Store 147957 7,479 DAY DISTRIBUTING Beer Prairie Village Liquor Store 147958 3,376 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 147959 8,253 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 147960 160 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 147961 41 FRED Misc Taxable Den Road Liquor Store 147962 477 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 147963 1,227 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 147964 380 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 147965 14,325 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 147966 970 HOHENSTEINS INC Beer Prairie View Liquor Store 147968 24,795 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 147969 8,871 MARK VII Beer Den Road Liquor Store 147970 486 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 147971 4,073 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 147973 16,849 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 147974 3,046 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 147975 16,802 QUALITY WINE Transportation Den Road Liquor Store Q &SPIRITS CO Transporiat o q 147976 110 RUSSELL&MILLER,INC Transportation Den Road Liquor Store 147977 196 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 147978 8,157 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 147979 675 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 147980 83 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 147981 1,770 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 147982 2,724 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 147983 127 WINE SOURCE INTERNATIONAL Liquor Den Road Liquor Store 147984 1,818 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 147985 400 AMEM Dues&Subscriptions Fire 147986 679 ANCHOR PAPER COMPANY Office Supplies Police 147987 95 CENTURY COLLEGE Tuition Reimbursement/School Police 147988 90 CINGULAR WIRELESS Pager&Cell Phone Police 147989 4,918 CORNERHOUSE Other Contracted Services Police 147990 584 COSTCO Awards City Manager 147991 163 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 147992 1,533 GME CONSULTANTS INC Legal Fire Station#4 147993 120 GOVERNMENT TRAINING SERVICE Conference Expense Finance 147994 600 HENNEPIN COUNTY CHIEFS OF POLI Dues&Subscriptions Police 147995 140 HENNEPIN COUNTY TREASURER Operating Supplies Planning 147996 4,879 HENNEPIN COUNTY TREASURER Board of Prisoner Police 147997 195 HESSEL,ZACK Clothing&Uniforms Police 147998 865 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Community Center Maintenance 147999 246 INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering 148000 50 ISANTI COUNTY SHERIFF'S OFFICE Tuition Reimbursement/School Police 148001 92 KEATING,MARY Mileage&Parking Planning 148002 151 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant 148003 45 KYLE KASZYNSKI FUND Accounts Payable Escrow 148004 465 LARSON,ALLEN R Mileage&Parking Police 148005 800 LOGIN/IACP Dues&Subscriptions Police 148006 441 LYNCH,JOHN J Other Contracted Services Basketball 148007 40 MCPA Dues&Subscriptions Police 148008 75 MECA Conference Expense Engineering 148009 65,392 MEDICA Medical Bills Prepaid Health and Benefits 148010 301 METRO FIRE Repair&Maint.Supplies Fire 148011 1,219 METRO SALES INCORPORATED* Office Supplies General 148012 47 MGWA Dues&Subscriptions Water Utility-General 148013 100 MINNESOTA BOARD OF ELECTRICITY Merchandise for Resale Inspections-Administration 148014 80 MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 148015 1,837 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 148016 59 MORROW,JAMES Tuition Reimbursement/School Police 148017 158 MOTOROLA Equipment Repair&Maint Wireless Communication 148018 1,400 MPPOA Dues&Subscriptions Police 148019 135 NRPA Conference Expense Recreation Administration 148020 700 PRACTICAL SHOORTING ACADEMY IN Tuition Reimbursement/School Police 148021 80 SECRETARY OF STATE Office Supplies Police 148022 460 SHERBURNE COUNTY SHERIFF'S OFF Tuition Reimbursement/School Police 148023 255 THOMPSON,RANDY Tuition Reimbursement/School Organizational Services 148024 125 UNIVERSITY OF MINNESOTA Operating Supplies Park Maintenance 148025 124 WOLFGRAM,JOHN Operating Supplies Fire 148026 10,253 ACTIVE NETWORK INC,THE Software Maintenance Information Technology 148027 543 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 148028 1,660 ATOM Tuition Reimbursement/School Police 148029 27 CENTERPOINT ENEGY Gas Miller Park 148030 67 COLE,SCOTT Conference Expense Park Maintenance 148031 255 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General Check# Amount Vendor/Explanation Account Description Business Unit 148032 371 DELL Other Hardware Information Technology 148033 167 FEDEX Postage City Council 148034 336 GREATAMERICA LEASING CORP. Other Rentals General 148035 1,205 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 148036 123 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance 148037 1,890 MINNESOTA POLLUTION CONTROL AG Conference Expense Water Utility-General 148038 64 MINNESOTA POLLUTION CONTROL AG Conference Expense Water Utility-General 148039 195 MINNESOTA VALLEY ELECTRIC COOP Electric Douglas More House 148040 27 NEWPAPER LLC Operating Supplies Therapeutic Rec Administration 148041 86 OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Arena 148042 464 QWEST Telephone Prairie Village Liquor Store 148043 98 SAWYER.BILL Conference Expense Park Maintenance 148044 2,530 SOTA Tuition Reimbursement/School Police 148045 1,980 SPRINT Miscellaneous Information Technology 148046 100 SUSA Dues&Subscriptions Water Utility-General 148047 80 UNITED STATES POLICE CANINE AS Dues&Subscriptions Police 148048 17 UPS Postage Fire 148049 37 VERIZON WIRELESS Pager&Cell Phone Police 148050 63,394 XCEL ENERGY Electric Sterling Field 148051 12 ASPEN AIR INC Cash Over/Short General Fund 148052 20 ASSOCIATION OF RECYCLING MANAG Dues&Subscriptions Recycle Rebate 148053 553 BIFFS INC Waste Disposal Park Maintenance 148054 100 CHANHASSEN DINNER THEATRE Special Event Fees Red Hat 148055 14 COSTCO Miscellaneous City Council 148056 1,137 ESBENSEN,GEORGE Conference Expense Fire 148057 5,932 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 148058 18 JOHANNES,JANE Program Fee Red Hat 148059 500 JONASON,MARVIN Other Contracted Services Winter Theatre 148060 204 KREJCI,SHEILA Training Supplies Organizational Services 148061 325 LUSHINE,PEGGY E Other Contracted Services Winter Theatre 148062 413 METRO SALES INCORPORATED* Software and Hardware Information Technology 148063 66,033 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 148064 500 MICHAELSON,LIZ Other Contracted Services Winter Theatre 148065 12 MIDLAND HEATING&AIR CONDITIO Cash Over/Short General Fund 148066 325 MINNESOTA SAFETY COUNCIL Dues&Subscriptions Risk Management 148067 6,145 MINNESOTA STATE TREASURER Building Surcharge General Fund 148068 158 MOTOROLA Equipment Repair&Maint Wireless Communication 148069 10 MUENCH,JOHANNA Open Fees Ice Arena 148070 500 OLSEN,JAMES 0 Other Contracted Services Winter Theatre 148071 55,000 ON THE LEVEL INC Deposits Escrow 148072 112 PETSMART Canine Supplies Police 148073 249 PETTY CASH-POLICE DEPT Operating Supplies Police 148074 58 PUBLIC EMPLOYEES RETIREMENT AS Pension payment-PERA Health and Benefits 148075 28 QUICKSILVER EXPRESS COURIER Postage Planning 148076 36 QWEST Telephone Sewer Liftstation 148077 325 RAVEY,LEANNE Other Contracted Services Winter Theatre 148078 200 SENSIBLE LAND USE COALITION Dues&Subscriptions City Council 148079 2,720 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 148080 114 TEKIELA,STAN Recreation Supplies Outdoor Center 148081 90 TIME WARNER CABLE Dues&Subscriptions City Council 148082 1,541 US POSTMASTER-HOPKINS Postage Water Accounting 148083 87 A TO Z RENTAL CENTER Equipment Parts Fleet Services 148084 876 ABLE HOSE&RUBBER INC Operating Supplies Park Maintenance 148085 264 ACORN NATURALISTS Operating Supplies Outdoor Center 148086 274 AIRTEC INC Equipment Parts Fleet Services 148087 823 ALYESKA DOGSLED WORKS INC Capital Under$2,000 Outdoor Center 148088 169 AMERICAN PRESSURE INC Equipment Repair&Maint Fleet Services 148089 1,839 ANCHOR PRINTING COMPANY Office Supplies General 148090 2,159 ANCOM COMMUNICATIONS INC Capital Under$2,000 Wireless Communication 148091 175 ANOKA TECHNICAL COLLEGE Tuition Reimbursement/School Police 148092 707 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 148093 185 ASPEN MILLS Clothing&Uniforms Police 148094 11,514 ASSOCIATION OF METROPOLITAN MU Dues&Subscriptions City Council 148095 80 BACHMANS CREDIT DEPT Operating Supplies City Manager 148096 1,321 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Services 148097 175 BCA-BTS Tuition Reimbursement/School Police 148098 9,026 BEISSEL WINDOW AND SIDING Other Contracted Services Rehab Check# Amount Vendor/Explanation Account Description Business Unit 148099 235 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 148100 647 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Police City Center 148101 6,710 BLUE LINE GEAR Other Assets Police 148102 369 BOUND TREE MEDICAL LLC Operating Supplies Fire 148103 322 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 148104 6,484 BRAUER AND ASSOCIATES LTD Design&Engineering Park Acquisition&Development 148105 425 BRENT ANDERSON CONSULTING Other Contracted Services Utility Improvement Fund 148106 143 BRO-TEX INC Equipment Parts Fleet Services 148107 320 BROWN,PAUL Other Contracted Services Touch Football 148108 4,029 BRYCE,WILSON Other Contracted Services Rehab 148109 437 CARDIAC SCIENCE INC Cleaning Supplies Police 148110 271 CARLSON,KAREN Clothing&Uniforms Police 148111 2,520 CARTEGRAPH SYSTEMS INC Software Maintenance Information Technology 148112 672 CDW GOVERNMENT INC. Computers Capital Impr./Maint.Fund 148113 844 CLAREYS INC Office Supplies General 148114 447 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 148115 485 CONTROL STUFF INC. Equipment Repair&Maint Water Treatment Plant 148116 1,564 CORPORATE EXPRESS Office Supplies General 148117 5,709 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 148118 600 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 148119 2,399 DELANO ERICKSON ARCHITECTS Other Contracted Services Planning&Development 148120 289 DELEGARD TOOL CO Small Tools Park Maintenance 148121 1,059 DNR Awards Volleyball 148122 190 DUDA PLUMBING SERVICE INC Other Contracted Services Water Meter Repair 148123 662 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant 148124 2,284 EARL F ANDERSEN INC Operating Supplies Traffic Signs 148125 185 EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services Rehab 148126 7,061 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 148127 604 EDINA,CITY OF Printing Therapeutic Rec Administration 148128 50 ELVIN SAFETY SUPPLY INC Repair&Maint.Supplies Fire 148129 3,405 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 148130 236 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 148131 4,291 ESRI Software Capital Impr./Maint.Fund 148132 300 FALCK,TIMOTHY R Other Contracted Services Broomball 148133 16 FASTENAL COMPANY Small Tools Traffic Signals 148134 31 FERRELLGAS Motor Fuels Fleet Services 148135 5,337 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services 148136 895 FRIENDSHIP VENTURES Special Event Fees Classes/Programs/Events 148137 1,259 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 148138 1,719 GRAINGER Supplies-General Bldg Community Center Maintenance 148139 4,695 GRAYBAR Supplies-General Bldg City Hall-CAM 148140 528 GS DIRECT Operating Supplies Engineering 148141 500 GYM WORKS Operating Supplies Fitness Center 148142 15,930 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 148143 4,200 HAWKINS INC Chemicals Water Treatment Plant 148144 2,965 HELENA CHEMICAL COMPANY Chemicals Park Maintenance 148145 48 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 148146 375 HENRY,PAUL Other Contracted Services Broomball 148147 225 HOLMES,DAVE Other Contracted Services Basketball 148148 1,789 HOLMES,TOM Other Contracted Services Volleyball 148149 9,283 IND SCHOOL DIST 272 Gym Rental Touch Football 148150 4,000 INDEPENDENT SCHOOL DISTRICT NO Capital Under$2,000 CDBG Fund 148151 2,094 INNOVATIVE GRAPHICS Clothing&Uniforms Police 148152 1,800 INSIGHT PUBLIC SECTOR Other Hardware Capital Impr./Maint.Fund 148153 2,795 INTERTECH INC Conference Expense Information Technology 148154 111 ITL PATCH COMPANY INC Clothing&Uniforms Police 148155 99 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 148156 329 J&R RADIATOR CORP Equipment Parts Fleet Services 148157 118,439 J-CRAFT DIV OF CRYSTEEL MFG IN Machinery&Equipment Public Works 148158 193 JAMAR TECHNOLOGIES INC Equipment Parts Fleet Services 148159 227 JAMIESON COMPANY,THE Recreation Supplies Volleyball 148160 3,006 JEFFERSON FIRE&SAFETY INC Repair&Maint.Supplies Fire 148161 573 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 148162 1,635 JONES AND BARTLETT PUBLISHERS Training Supplies Fire 148163 5,048 KEEPERS Clothing&Uniforms Fire 148164 504 KNUDTSON,STEVE Other Contracted Services Broomball 148165 251 KUSTOM SIGNALS INC Equipment Repair&Maint Police Check# Amount Vendor/Explanation Account Description Business Unit 148166 71 LANDS END CORPORATE SALES Clothing&Uniforms Police 148167 57 LANO EQUIPMENT INC Equipment Parts Fleet Services 148168 575 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development 148169 288 LAW ENFORCMENT TARGETS INC Clothing&Uniforms Police 148170 163 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 148171 5,792 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services 148172 65 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 148173 70,125 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 148174 275 MARGO,MICHELLE Other Contracted Services Broomball 148175 513 MARK'S Repair&Maint.Supplies Water Treatment Plant 148176 3,850 MARTIN-MCALLISTER Employment Support Test Organizational Services 148177 125 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Services 148178 1,265 MENARDS Operating Supplies Street Maintenance 148179 90 METRO ATHLETIC SUPPLY Operating Supplies Volleyball 148180 752 METROPOLITAN FORD Equipment Parts Fleet Services 148181 1,413 MICHAUD COOLEY ERICKSON Other Contracted Services Communication Services 148182 25 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 148183 750 MIDWEST DESIGN CO Printing Therapeutic Rec Administration 148184 2,314 MINNESOTA ATHLETIC Clothing&Uniforms Fire 148185 63 MINNESOTA CONWAY Operating Supplies Fire 148186 60 MINNESOTA COUNTY ATTORNEYS ASS Printing Police 148187 9,000 MINNESOTA DECKS Other Contracted Services Rehab 148188 605 MINNESOTA PRINT MANAGEMENT LLC Equipment Parts Fleet Services 148189 2,064 MITY-LITE INC Equipment Repair&Maint Senior Center Operations 148190 3,834 MOBILE RADIO ENGINEERING Operating Supplies Wireless Communication 148191 433 MOTION INDUSTRIES INC. Equipment Parts Fleet Services 148192 2,601 MRPA Special Event Fees Basketball 148193 240 MIT DISTRIBUTING INC Equipment Parts Fleet Services 148194 3,971 NATIONAL LEAGUE OF CITIES Dues&Subscriptions City Council 148195 798 NATURE-WATCH Operating Supplies Outdoor Center 148196 6,904 NORTH AMERICAN SALT CO Salt Snow&Ice Control 148197 107 NORTHERN SAFETY TECHNOLOGY INC Equipment Repair&Maint Fleet Services 148198 29 NUCO2 INC Chemicals Pool Maintenance 148199 32 OLSEN COMPANIES Operating Supplies Park Maintenance 148200 419 OLSON HOME SERVICES Other Contracted Services Rehab 148201 107 OSI BATTERIES INC Equipment Parts Fleet Services 148202 519 POWERPLAN OIB Equipment Parts Fleet Services 148203 1,686 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 148204 53 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 148205 107 PRIME TIME MARKETING INC Equipment Repair&Maint Concessions 148206 389 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 148207 181 RADDE TAXIDERMY Operating Supplies Outdoor Center 148208 164 REED BUSINESS INFORMATION Improvement Contracts Utility Improvement Fund 1,517,646 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Petitions,Requests and Communications January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Robert A. Lambert,Director Bryant Lake Ski Team Request for Submersible Parks and Recreation Slalom Course Requested Action Move to: Approve the request by the Bryant Lake Ski Team for the submersible slalom ski course for one year, subject to the requirements of the Hennepin County Water Patrol. Synopsis At the January 9 meeting the Parks, Recreation and Natural Resources Commission recommended the City Council support a one year permit subject to the rules of the Hennepin County Water Patrol. Background Lt. Jeff Storm, head of the Hennepin County Water Patrol explained several facts about the process to obtain a permit and the eight conditions that must be met prior to approval of a permit. He explained that there are no approved permits for any submersible courses within Hennepin County at this time; however, there are probably 30-40 submersible courses in Hennepin County lakes,most of which have been abandon or are operating illegally without a permit. John Barton from the Three Rivers Park District reiterated that the Park District staff had concerns about the proposed location of the course due to its proximity to the public boat access. He stated that the final decision from Three Rivers would have to be made by their Board of Directors. The Commission believed that Three Rivers Park District should really be the agency making a decision on the location of the course in regards to safety at the public access or its impact on recreational use of the lake by the public.The process gives them the right to approve or deny this use. Attachments Hennepin County Water Patrol Slalom Course Regulations January 9,2006 Memo to Parks, Recreation and Natural Resources Commission December 5, 2005 Memo to Parks, Recreation and Natural Resources Commission Initial Request and Revisions TEMPORARY STR UCT URE PERMIT REG ULATIONS for SLALOM COURSES s s I&NEI to es aid�, € ar uQ e ec a us A regulation length Slalom Course is normally over 800 feet long and because it restricts the public use of such a large area,the following regulations are to be followed closely: 1. The city's that are affected must give written permission. 2. Property owners which the course directly affects must give written permission. 3. Surface floats must be submerged or removed when the course is not in use. 4. The permit number must be displayed on the end floats. 5. The course cannot exceed 900 feet in length. 6. The course cannot be a navigational hazard. 7. The permit will be renewed annually and the previous years' complaints will be reviewed. 8. When you return the Temporary Structure Application,you must include copies of all letters of permission. "FOR LAKE NMNNETONKA ONLY" Slalom courses on Lake Minnetonka MUST BE REMOVED. No submerging allowed. Courses on Lake Minnetonka do not need a permit, but must be removed when not actively using the course. slalom.doc To: Parks,Recreation and Natural Resources Commission From: Robert Lambert,Director of Parks and Recreation Date: January 9,2006 Subject: Bryant Lake Ski Team Request for Submersible Slalom Course Recommended Action Based on the input the Parks,Recreation and Natural Resources Commission received at the j October 3,December 5 and the January 9 meetings,City staff would recommend the Commission make one of the following motions: MOTION 1: Move to: Recommend the City Council deny the request for the submersible slalom ski course based on the information received at the October 3,December 5 and January 9 meetings. MOTION 2: Move to: Recommend the City Council support the request for the submersible slalom ski Ccourse provided the course is installed in a location approved by Three Rivers Park District and the Hennepin County Water Patrol,for a period of one year, subject to the permittee signing an agreement to the cost for covering all maintenance of the facility while it is in the lake and removal of the facility if the permit is ever revoked,and obtaining approval for the course from property owners,including Three Rivers Park District,who are directly affected by the course. Synopsis At the December 5 meeting,John Barton from Three Rivers Park District expressed concerns about the location of the proposed course due to the potential conflicts with the boat access and the potential impact boats would have on underwater vegetation during the turn around procedure at the end of the course.Mr.Barton indicated that if the course is permitted,Three Rivers would monitor the ecological impact of the boat traffic on the lake as well as any complaints other lake users would have regarding the people using the course or the course itself. During the December 5 meeting discussion of this request,Barrett and Napuck requesting additional information regarding complaints that were filed with the County on other water ski courses that have been established at Bryant Lake and they requested information regarding Bryant Lake Ski Team.Request for Submersible Slalom Course January 9,2006 Page 2 I permits granted by the County for other water ski courses on this lake. Jake Gibbs indicated that he had been granted a permit by the County,although the City had denied his request several years ago.He indicated the County requested that he remove the course because of a complaint a fisherman registered on a water skier. The Commission wanted to know what would be the length or duration of the permit,who would be responsible for maintaining the structure,who would be responsible for removing the structure,what has been the experience of the water patrol regarding complaints for these type of structures elsewhere in the county and the Commission requested further information regarding the complaints registered to the Water Patrol on Bryant Lake and the permitting process of the Water Patrol. Lieutenant Jeff Storm has indicated that Mr.Gibbs was directed to remove his submersible ski course because it was installed without a permit.He also indicated that the City can put whatever conditions we want on the permit.As far as the County is concerned they will not approve a permit without the following regulations being followed closely. 1. The City must give written permission. 2. Property owners,which the course directly affects,must give written permission.(This would include Three Rivers Park District.) I Surface floats must be submerged or removed when the course is not in use. 4. The permit number must be displayed on the end floats. 5.. The course cannot exceed 900 feet in length. i 6. The course cannot be a navigational hazard. 7. The permit will be renewed annually and the previous years complaints will be reviewed. 8. When the temporary structure application is returned,all Ietters of permission must be included in the application. If the City wishes to require the person signing the permit to be responsible for the maintenance and removal of the structure,that can be a condition of the permit Lieutenant Storm also indicated that the majority of the complaints regarding ski courses have to do with people getting fishing gear or anchors snagged on the course itself,or cables or hoses leading to the course. Lieutenant Storm has agreed to attend the January 9 meeting to answer questions Commission members may have regarding this request.Hopefully by having Lieutenant Storm address questions the Commission will be able to snake a recommendation and forward that recommendation to the Mayor and City Council. UNAPPROVED MINUTES PARKS,RECREATION AND NATURAL RESOURCES COMMISSION MONDAY,DECEMBER 5,2005 7:00 P.M.,CITY CENTER Heritage dooms 3&4 8080 Mitchell Road COMMISSION MEMBERS PRESENT: Rob Barrett,Randy Jacobus,Ian Mackay,Michael Moriarity and Geri Napuck(arrived at 7:35 p.m.) COMMISSION MEMBERS ABSENT: John Brill,Tom Bierman and Jef&ey Gerst COMMISSION STAFF PRESENT: Bob Lambert,Director of Parks and Recreation Services; Stu Fox,Manager of Natural Resources; and Carol Pelzel,Recording Secretary STUDENT REPRESENTATIVES: Danny Crichton,Graham Kist,Ali Neugebauer I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Chair Barrett at 7:15 p.m. II. APPROVAL OF AGENDA Motion:Moriarity moved,seconded by Mackay,to approve the agenda as presented. The motion carried,4-0. IV. PETITIONS,REQUESTS AND COMMUNICATION A. BRYANT LAKE SKI TEAM REQUEST Lambert reported that the Commission had received with their agenda material a copy of the original request from.the Bryant Lake Ski Team for a submersible slalom ski course on Bryant Lake along with the new proposed location.The major concern of the Three Rivers Park District for the original course was environmental concerns.The applicant did try to address those concerns and have since relocated the proposed course from the Regional Park shoreline into deeper water.Lambert explained the process for obtaining a permit for such a course indicating that the Parks Commission would make a recommendation to the City Council and should that recommendation be for approval and if the Council-concurs,the request would be forwarded to the Hennepin County Sheriff's Water Patrol for their consideration.The Water Patrol generally follows the recommendation of the local governing body.Lambert said that copies of letters received by the City in support and opposition to this request were also included in the Commissioner's agenda material.He also distributed a copy of a letter from a resident received after the agenda went out in opposition to this request. PARKS,RECREATION AND NATURAL RESOURCES COMMISSION December 5,2005 Page 2 i Joe Docter,representative from the Bryant Lake Ski Team; 7032 Willow Creek Road,briefly reviewed what was discussed at the October 2 meeting with the Parks Commission.He explained that they have relocated the slalom ski course further to the north in 25 feet of water.The course is 850 feet long and will be located in a deeper part of the lake.This location allows for a more effective use of the lake by other people.This new location also results in minimum impact on fish and plant life.They are proposing that the course be placed in 25 feet of water and when it is not in use it will be at the bottom of the lake.Docter said it is proposed that the course would be used two or three hours a morning two or three times a week.The course would be funded and maintained by the Bryant Lake Ski Team. Docter further explained that the course would be open to the public for their use but they prefer that only team members operate the course.Docter presented a list of 22 lakes in the area that have ski courses and one of those lakes is in a Three-Rivers Conservation Park. .Docter also presented a scaled picture of the proposed course. ? i Bard Knudsen, 7120 Willow Creek Road,presented a brief history of water skiing and how it has evolved on Bryant Lake.He explained that Bryant Lake is well known for water skiing because it is long and narrow.There are high hills on the northeast and west sides of the lake which makes for calmer waters. Over the years there have been many ski courses located on this lake and they are trying to bring some new technology to the lake which will enable them to lower the ski course when not in use.Knudsen said they feel the proposed ski course is a great asset to the City and the lake community.It will not cost the City any money and will be supported by the ski team.He pointed out that the majority of homeowners on the lake i support this request. John Barton,Water Resources Manager,Three Rivers Park District,explained that the Park District does believe that water skiing is a legitimate recreational activity and they do have courses on other lakes.However,they feel that this particular,location does cause some problems for other lake users and they have expressed concerns with the location of the course because.it may cause problems when people want to launch their boats.Barton said the Park District is an advocate for moving the ski course to a wider area of the lake where other users can bypass the course. They do foresee problems with the choke point turn around.They believe the turn around is close to vegetation beds and there is the potential of disturbing those beds.Barton said they believe that the new location is much improved over their original proposal but it does cause some recreational problems with boat launching and by precluding use of the north end of the bay.There is no room for other recreational activities to occur at that location. Docter explained that the course as now proposed would be about 500 feet from the boat landing.He indicated that locating the course in the middle of the lake would be their secondary proposal. This proposal allows the rest of the lake to be open for other uses. PARKS,RECREATION AND NATURAL RESOURCES COMMISSION December 5, 2005 Page 3 i Jacobus asked if the City could be held liable for anything should the City approve this proposal.Lambert said no,they would not be liable.Jacobus asked if the public is allowed to put up soccer nets or other types of things on park property. Lambert said they couldn't put up a permanent structure because it is public land.Jacobus questioned how they would be allowed to restrict the use of this course by stating that it has to be operated by a ski team member.Lambert explained that when the course is not being used it will not be up and will not be in the way for other lake users. When it is up and ski team members are present it can be used by anyone on the lake who has a water ski boat. Barrett asked what the practice schedule is for the Ski Team.Docter responded that there is no formal practice schedule.They generally start skiing after sun up and there can be two to five boats using the course.On a busy day they may have five or six boats out with 12 to 15 people. Mackay asked if the primary reason for relocating the course to the north side of the lake is to leave the lake open for other people including open skiers.Docter said by placing the course at the north end of the lake this allows for someone to ski in the south end and to spin around without creating waves on the course. Jacobus asked if a temporary or portable course could be put up at any time.Lambert responded that it could but it has to be taken down when they are done using it.Barton said it is his understanding that if any structure is beyond.150 feet from the shoreline it is an obstruction to navigation and a permit is required.Peter Plunkett,306 21st Street SW,Austin, said he is an attorney for the Minnesota Water Skiers Association and he has researched this very issue.There is a specific statute that does not require a permit for a temporary slalom course.Barton is correct about a navigational hazard and that a permit is required. The nature of the slalom course balls are not a hazard to navigation,therefore,a permit is not required. The proposed course is permanent and is better than a temporary one because it takes less time to raise and lower than it does to set up a temporary one. This results in less time being taken away from other users of the lake.A temporary course cannot go up before sunrise and must be down by sunset.A permitted course can stay out all niglit long.Plunkett said he feels this course is the best solution because no one has to worry about it. David Steen,6741 Beach Road,.explained that he lives on the west side of the lake and that he is a heavy user of the lake.He uses the lake for fishing and when he is out fishing at sunrise during the summer there are usually five or six ski boats out on the lake. Whether or not there is a ski course,water skiers will use the lake and there will be boats going back and forth. Steen also said that any concern for the boat launch is irrelevant and he feels the proposed location is the right location for the ski course.It should not be located in the middle of the lake.The proposed location will have the least affect on fishing. Tom Lacki, 11527 Raspberry Hill Road,explained that he lives on the opposite side of Bryant Lake Park and that he is concerned with the maintenance of this ski course.He understands that the ski team is 100 percent responsible for the cost of installation but asked PARKS,RECREATION AND NATURAL RESOURCES COMMISSION December 5,2005 Page 4 what happens when the equipment breaks.It has also been stated that there is some concern regarding the environmental impact. Lacki encouraged the Commission to get additional i input on the environmental impact and make sure that is addressed.He said he also has concerns with the impact of public use. This is an important consideration.Many other users of this lake are from the general public and it appears that their use of the ski course would be limited.The use of the course is somewhat restrictive since it cannot be used unless someone from the ski team is operating it.This makes the course no longer public.Lacki expressed concern with the use of public property for a specific need for a small minority.He also expressed concern with setting a precedent and for the maintenance.of this device.Lacki asked the Commission to consider requiring that a non-refundable escrow be established so that the City would be relieved of all financial burdens.He also suggested that they consider putting in writing the hours of operation that are agreeable to both parties. j Dean Dahlen, 8901 Abbott Avenue South,Bloomington,explained that he does fish on this lake and also skis on it and it makes sense to place the ski course on the proposed end of the lake. John Olsen,4100 West 62d Street,Edina,said he has used Bryant Lake for water skiing since the late 1980's and they currently ski from end to end.He explained that the issue of the location of the course and concern for the boat landing is a non-issue.Either way they will be traveling past the landing whether it is on the course or free skiing.If there are more than two boats on the lake they will not be able to use the slalom course because of the waves. There l have been concerns about other people using the course.It would be available to the public when it is and the would welcome anyone to use it However,if the ski team maintains it up Y Y and is responsible for purchasing the supplies for the course it is not necessarily for public use when a ski team member is not present. Mackay asked if it is easy to remove the course once it is installed.Docter responded that it is moveable and if they find that there is an environmental impact they can move it.Monarity asked if this course is installed,does the Three Rivers Park District have a way to monitor vegetation issues and complaints.Barton responded that if a permit is granted they would definitely monitor the impact of the course on recreational uses and vegetation.Their main concern is with the recreational impact and the proposed location of the course.Moriarity asked if the ski team were allowed to install the course for one year and it were determined that the course would have to be removed because of its environmental impact or for some other reason,would the ski team be willing to take that risk that it may have to be removed after one year.Docter said he personally would be willing to take that risk but that he would have to discuss this with the entire group. Lambert explained that staff does have some concerns that if the group dissolves and this structure remains on the lake,who is responsible for removing it.They need some type of guarantee that someone will eventually remove this structure.Docter responded that they would be willing to put together some type of agreement with the appropriate entities indicating who would be liable for its removal. PARKS,RECREATION AND NATURAL RESOURCES CONMSSION December 5,2005 Page 5 i Barrett stated that one of the issues raised in a letter received by the City was whether or not there would be meets or tournaments using this course. Docter said they have no intention of using it for tournaments or meets.If the club does decide to do that a permit would be required. Barrett said that the letter also referred to a permanent stricture of wood and PVC pipe that was installed by another homeowner on the lake. He asked if anyone was aware of this structure.Docter responded that it might have been constructed by some of the children for wake boarding.The person who installed it was not affiliated with the ski team. Barrett asked if there was a submersible slalom ski course on Bryant Lake within the last couple of years.Docter said that Jake Gibbs did have some type of structure.Barrett asked Gibbs to i explain what he had constructed on the lake. Jake Gibbs,6921 Beach Road,explained that he did have a permit for a permanent course on Bryant Lake and it was located on the larger bay. After having received a complaint from a fisherman regarding a water skier,the County asked that they no longer use the course.The course that he had installed is identical in size to the one being proposed this evening.The complaint was not about the ski course but about a water skier. Napuck said she was trying to understand the circumstances of the course that Gibbs had placed on the lake. She asked if it was a permanent course that did not submerge.Gibbs explained that in 1991 he had received a permit from the Hennepin County Sheriff for a slalom submersible ski course.Two years ago a complaint had been received about a skier using the course and the Sheriff asked that they discontinue using it.Napuck asked how they were able to obtain a permit without City permission.Lambert asked if the City denied the permit and the County approved it. Gibbs said that was correct.The course he had is the same as what they are discussing this evening and it was a submersible course.Lambert asked if that permit is still in effect. Gibbs said he has the permit and he doesn't have anything stating } that they cannot use the ski course.Lambert then asked why the ski team just doesn't use Gibbs'permit? Docter pointed out that this evening the Bryant Lake Ski Team is requesting a permit for the north end of the lake.The dealings with Gibbs are separate from theirrequest..Barrett said the situation regarding Gibbs' course is information the Commission should have had. Lambert said that this is a different group making the request.However,the City does not want to recommend approval of a course if one already exists on the lake and complaints have been received regarding that course.He questioned why they would approve a course when there were issues with a previous course.Lambert said they also need to discuss the length of the permit.He suggested that they consider an annual permit. Lambert said if the Commission is inclined to approve this request,they need to have some caveats.He suggested that it be a year-to-year permit and that the Three Rivers Park District monitor its use.Also,there should be some conditions on the approval that if the City receives complaints from fishermen as to how the course is used,or Three Rivers have complaints about safety or see environmental damage,the permit may be revoked.Lambert PARKS,RECREATION AND NATURAL RESOURCES COMMISSION December 5,2005 Page 6 said he would also suggest some guarantee as to who is going to remove the course if it is broken or no longer used.Lambert stated that if they move forward with this request they recommend to the County that these are the conditions and without these conditions the City would not recommend approval of a pernut. Barrett said he would like to know whether or not the County Sheriff would agree with these conditions prior to his recommending approval of this request. He would also like to determine-whether or not they could require that the permit be for one year only.Napuck said she agrees with Barrett and that additional information is needed prior to their acting on this request.They need to know the duration of the permit and the circumstances for revoking or extending a permit. She would like to know what the complaint was for the prior course and if that permit is no longer valid.Napuck said she would also like to know if one complaint may result in revocation of a permit. She indicated that she would like more information on i what happened with the prior permit. Jacobus pointed out that this group could set up a course any time on any day.He said he was not sure that additional information would change his decision..Barrett said he would like to determine whether or not they could restrict the permit for one year. The Sheriff's office may offer a longer permit. - i Motion:Motion was made by Barrett,seconded by Mackay,to continue this item to the January 9 meeting and to direct staff to obtain additional information from the Hennepin County Sheriffs office.The motion carried,5-0. i V. OLD BUSINESS A. FINAL MASTER PLAN APPROVAL FOR TRAILS Lambert reported that the Commission is being asked to approve the final master plan for trails within Edenbrook Conservation Area,Riley Creek Conservation Area and the Lower Purgatory Creek Conservation Area.The master plan in final form is the same as the draft plan approved by the Parks Commission and the City Council earlier this year. Jacobus asked how much of this trail system involves purchasing or using eminent domain authority to go through private property.Lambert explained that the only property left to acquire is part of Lower Purgatory Creek and three to four parcels along Riley Creek.Staff does not anticipate the need for eminent domain on any of the parcels at this time. Motion:Motion was made by Napuck,seconded by Jacobus,to recommend that the City Council approve the nature trail master plans for Edenbrook,Riley Creek and Lower Purgatory Creek Conservation Areas.The motion carried,5-0. I Rivers Administrative Center�L 1/ 3000 Xenium Lane • Plymouth,MN 55441-2610 l 111 V�/ Telephone'763/559-9000 ••TDD��763/559-6719• Fax 763/559-328'1 =� `"'an P A R K DISTRICT ww.threeriversparkdistrict.org • an equal opportunity employer December 14,2005 ` Bob Lambert,Director of Parks and Recreation . City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Dear Bob, The Park District Water Resources Manager, John-Barten, recently attended:a Park',and Recreation Advisory Committee meeting to discuss the proposed Bryant Lake Slalom Ski rs expressed a Course. Mr. Barten. reported. that the advisory committee membe willingness to support a permit for the slalom ski course on the lake with some conditions.'A major factor in the committee position seemed to be the assurances by the ski course advocates attending the.meeting,that the ski course wol ldmot affect,use of the public boat launch in Bryant Lake Regional Park or other recreational'use of the lake. Park District staff remains congerned that the ski course will .impede use of the boat launch by the public.' As previou-sly.,noted, one end of course, where high speed boats will be making a 180 degree turn, will be less than 250 feet from the boat launch. . Although,the ski club members indicated that their boats can"turn.on a dime", and thus would not travel near the launch,.Park District remain skeptical. : Our concern was , heightened by the (very reluctant) admission that a.previous permit for a similar course on the lake was revoked or suspended by the Hennepin County Water Patrol because of unspecified complaints: A, second factor in the committee position appeared to be the statement that a temporary course could be placed anywhere on the lake, with no permits,'as long as the course-was removed by sunset. in fact,as the following DNR statute states, slalom courses can only be placed where they do-not obstruct navigation or create a safety hazard. Three Rivers Park District would suggest that a slalom course adjacent to the :boat launch would obstruct navigation during use; and may be a,safety hazard. J. Note: Temporary structures which do not extend from shore;such as:swim rafts, slalom courses, ski jumps or buoys of any kind, may not be placed in the waters of the state between sunset and sunrise without a permit from the county sheriff. Those structures not left in.the water overnight are still`required to be placed so that they do not create a hazard on the water body or obstruct navigation. 'Contact the water patrol unit of your. county sheriffs department for permit information. Call the DNR Boat and Water Safety Section at 651-259-5400 for additional information. ` Promoting envn•onmefftal stewardship through recreation and education in a natural resources-based park system Park District staff would like to reiterate our concern with the location of the proposed 1 slalom ski course. The course would be more appropriate in the deep water of the main lake. ,The lake is over 2000 feet wide'in this area, providing adequate room for other boaters to pass between the slalom'course and either shoreline without interfering with ski activities. The ski club members suggested that.locating the course in this area would interfere with boating activity throughout the lake while locating it near the public'launch . would not bother anyone. It is difficult to understand why concentrating boating activity and boat launching in an area approximately 500 feet wide would have less of an impact on recreation than locating it away from the launch where the lake is 2000 feet wide. Park District staff believes that less impact to park guests would occur if the course were located in the main lake. We appreciate the-opportunity to comment on the proposed. plan. . Sincerely, Margie Walz,Director Park Operations Services c: Douglas F. Bryant, Superintendent Lisa Beck,Director of Special Services Tom McDowell D'rF ector of Program and Facility Services _ Karen-Robinson;Director of Administrative Services John Barten,Water Resources-Manager PARKS AND RECREATION December 13,2005 Lieutenant Jeff Storm Hennepin County Water Patrol 4141 Shoreline Drive P.O.Bog 187. i Spring Park,MN 55384 RE:Bryant Lake Water Ski Team Request for Submersible Slalom Course i Dear Lieutenant Storm, Enclosed is a copy of the minutes of the October 3 and December 5 meetings of the Parks, Recreation and Natural Resources Commission when this request was discussed.Also enclosed is a co of the most recent request and ma dep icting the location for the request PY q P P g , from the ski team and other information that went to the Commission members relating to this request. I would appreciate if you would be able to attend the January 9 meeting of the Parks, Recreation and Natural Resources Commission which will be held at 7:00 p.m.at City Center,8080 Mitchell Road,Eden Prairie,Minnesota.The meeting will be held in the Heritage Rooms in the lower level. Joe Docter,the individual who has submitted the request for the permit and Jake Gibbs are expected to attend this meeting,although other members of the Ski Team may decide to attend as well.I believe Y ability our abili to answer direct questions estions from Com mission sion members will helpthem understand an issues or concerns you or our staff may have regarding Y Y Y Y g g submersible slalom courses,as well as any problems or complaints you may have had regarding slalom skiing at Bryant Lake in recent years. The Commission is reluctant to approve an activity or a facility that would encourage an activity on this lake that would cause either safety issues or a significant negative impact on other recreational users of this public water,however,if in fact this submersible course improves the use of public waters by limiting the location of the water skiers,the Commission would like to know that as well. I look forward to meeting you and appreciate your willingness to attend this meeting. Sincerely, Robert A.Lambert Director i i s ;f fy. To: Parks,Recreation&Natural Resource Commission 3 From: Robert Lambert,Director of Parks&Recreations Date: December 5,2005 1 i Subject: Bryant Lake Ski Team Slalom Course Request Recommended Action Based on the input the Parks, Recreation and Natural Resources Commission receives at the December 5 meeting,City staff would recommend the Commission make one of the following motions: Motion#1 Move to: Recommend the City Council deny the request for the submersible slalom sld course,based on the information received at the December 5 meeting. Motion#2 Move to: Recommend the City Council support the request for the submersible slalom ski in the middle of the main b provided the course is installed �y of the lake, tours placing the course (including the run out areas on either end of the course, a minimum of 500-600 feet from the shore,and in a minimum of 15-20 feet ofwater. Synopsis The staff from T Three Rivers Park District have expressed conce rns about the location of the revised slalom course in relationship to the boat launch at Bryant Lake Park and the fact that this may be a safety issue for some less experienced boaters using the facility. i The Three Rivers Park District also indicates a concern over this location with the environmental impact that consistent high speed boats will have on vegetation when making turns at the ends of this course. City staff have received two phone calls from neighbors who did not want their names to be used because they were acquaintances of some of the people making the request and did not want to cause problems,but they indicated a concern with the noise and problems of having a course set up in front of their homes on a constant basis.The City has also received three letters i Bryant Lake Ski Team Slalom Course Request December 5,2005 Page 2 from people opposing the installation of the water ski course.Copies of those letters are P PP g P attached. Attachments November 9,2005 Three Rivers Park District letter Letters from residents opposing ski course November 10,2005 letter sent to Bryant Lake area residents,including map of course location October 25,2005 letter sent to Three Rivers Park District,including attachments of October 21,2005 letter from Joe Docter Map depicting location of proposed slalom course List of lakes with slalom courses Bryant Lake property owner approval signatures T 1xfs�� Memorandum " To: Parks,Recreation&Natural Resources Commission From: a tovrin Environmental Leslie A S Coordinator Date: September 27,2005 Re: Slalom Course Proposal-Bryant Lake I Synopsis i i The Bryant Lake Ski Team(BLST) is proposing to install a permanent,submersible slalom course in Bryant Lake. The course dimensions are 75 feet wide by 350 feet long. The proposed course would be approximately 100 feet east of Three Rivers Park District shoreline,north of the Bryant i Lake Regional Park boat launch. Recommendation The proposed slalom course was reviewed in relation to the potential impacts to the lake community, including shoreline and water quality issues as well as recreational usage of the lake. The proposed location has the potential to impact all of these,such as the following. I • Frequent high speed boating has the potential to reduce the emergent and submer ent plant communities within the lake. • Reduced plant communities would lead to reduced habitat for fish and other dependent species. • The potential for shoreline erosion due to wave height and frequency is increased. • Sediment can potentially be disrupted,resulting in an increased loading of phosphorus to the lake. Phosphorus is the key nutrient in algal production. The slalom course could be moved further from shore (a minimum of 500 feet) and into deeper waters (more than 20 feet deep), where the potential for the factors listed above are lessened. However, moving the slalom course would disrupt traffic flow patterns within the lake by recreational lake users, including fishermen who tend to use a lake at the same time as the ski team practices. In addition, the Nine Mile Creek Watershed District will be starting a Water Quality Management Project for the lake in 2006. Until the results of the projects are known, new uses of the lake such as the ones proposed for the ski team should be delayed. The Three Rivers Park District does not support locating the slalom course adjacent to the Regional Park shoreline. Staff recommends that the Commission support this decision. Attachments Three Rivers Park District letter Bryant Lake Ski Team letter �} DO Administrative Center /�rV V Rivets* 3000 Xenium Lane • Plymouth,MN 5- Pax 299 763 Telephone 7631559-9000•• TD1P 763/559-6719=Pax 763/559-3287 PARK D 1 S T R 1 C�_ ' ,_t exsp-k&stricLorg - -equal opportunity employer November 9,2005 Bob Lambert,Director of Parks and Recreation City of Eden Prairie 8080 Mitchell Road ; Eden Prairie,MN - - - Rfi: Bryant Lake Ski Team Revised Slalom Course Plan Staff Comments Dear Bob,. ' On behalf of Park District Staff,John Barten,Water resources Manager,has completed his review of the revised plan for-the Bryant Jake Slalom Ski Course. The followmg are John's comments: • The revised plan moves the water ski.course away from the Regional Paik shoreline into.deeper. - water. Therefore, the in4acts to the,shoreline, lake-`sbdiniknU and emergent vegetation beds should be reduced from the original proposal The proposed tumaround ppmt at the north end of the proposed course is still of concern- The-lake narrows to:about 600 feet at this location,and plant beds camd'approximately 75 feet into the"lake from each shoreline. Therefore,to,maintain the recommended minimum 200 feet of separation fiom'plant beds,boats would need to stay in the center 50-fleet of the bay. Given.the high speed necessary far water skiing,boats may not be able to tam in"a 50-foot ra&w. • . Although the environmental impacts of the ski course will cm--tainly be reduced by locating the course in the center of the north liay,the recreational impacts will be increased. The maximum j width of the bay is 1200 feet,and it narrows to 500 feet at the north end of the proposed course, and to 600 feet at the south end It appears that, during active-use periods,the slalom course would preclude use of the majority bf the north bay by other recreational activities,particularly fishing which Wically odctus at the same time as water skiing. The bay encompasses approximately 25%of the lake surface area. Therefore,the slalom course would usurp use of a j significant.portion of the lake immediately adjacent to the park' • The south end.of the'proposed ski course will be less than 360 feet from the Bryant Lake boat launch. Assuming that ski boats weave away from the course centerline,high speed boats will • s within ximately 250 feet of ltazmcbing boats. This may be a safety issue for some of the 1 appm, less experienced boaters using the facility. Park District staff does'not believe that the slalom course is appropriate adjacent tQ the regional park shoreline. Less impact to water quality and recreational use of the lake would occur if the course would be placed in the main bay of the lake. Shoreline and aquatic macrophyte, impacts could-be minimized ty . placing the course 500 to 600 feet from shore and sediment impacts would be minimized by placing the courser in 15 to,20 feet of water. ,Thank you again for the opportunity io comment on this revised.plan. Sincerely, j Margie Walz,•Director Park Operations Services Op - , C:Douglas-F.$ryant,Suphrintendent John Barten,Water Resources Manager , Promoting environmental stewardship throughaecreation and-education in a natural resources-based park system Robert Lambert From: bobfrank@pocketmail.com Sent: Wednesday, October 05,2005 5:18 PM To: Robert Lambert Subject: Ski Course-Bryant Lake i Dear Mr Lambert, The Water Ski Club of the Twin Cities gave a presentation that was resented with two k ma that th ey i misleading and vague. Here are some examples: The lake p y p rectangular blocks indicating the proposed water ski course was not drawn to scale. What is needed is a map outlining the complete area which could not be used for other purposes as a result of water skiers using it, including the turnaround area needed at the end of the course, showing how close it to the east shore and the marshy area at the end of the bay. The length of this course could easily be 4 football fields long. The width could be 1 75 yards or more wide considering the turnaround and exit corridor needed on the west side of the course. The course would certainly not be 650 feet from each shore on the second half of the course close to the north end of the bay and the water is only 5-7 feet deep in some places in the center of the north bay. A topographic map of the lake would clarify this point! . I have talked to many fishermen about this ski course. They cast and troll in this area frequently. Fishing would be effected negatively in this bay. Clarification is needed on the obstacles left in the water when the ski course is not in use. Is the underwater structure 4 feet or 20 feet below the surface? What happens if a deflated buoy 4 feet under water is snagged. Y Is the City of Eden Prairie liable for any damages es that result or would the City end up putting signs up keeping fishing boats out of the north bay? The ski club did not believe that the proposed course would attract many new skiers. If Bryant lake is the only lake in this area of Eden Prairie with a state of the art ski course there could be a marked increase in new water skiers with the resulting increase in congestion. A bigger issue is how to accomodate fairly for competing use of water space in very small lakes ie. water skiing, fishing, sailing, jet skiing, motor boating ; canoeing, kayaking, scuba di! ving etc. If another map of Bryant lake was drawn to show the ! large ar ea of the lake the water skiers now use from the south bay to the north bay, all of the center of the lake, it would become evident that they now use a disproportionately large part of the lake relative to the number non skiers out there. There are usually more fisherpeople on that lake daily than skiers. The Three Rivers Park District could ascertain usage levels by doing .a water use survey of people entering the park. It would be a good benchmark for future planning. The presenter gave the impression that the course r would rin the day when the course would be submerged when not in use. There many times during y ; not be used. Who would deflate the buoys and when would it happen? It sounds like in all probability the structure would be left up all day and night through spring, summer and ! fall, which would preempt a sizeable portion of the north bay for water skiing only because of all the paraphenalia left in the water. A large water ski course would change the character of this s! mall lake. Does anyone group really have a right to do that? This lake belongs to the state for everyone's use and should be left the way people now find it without changing it's character. Eden Prairie has recognized the need to _ accomodate to the recreational needs of others by declaring a 19 MPH speed limit on Bryant lake from noon to 6PM on Sundays during the summer. This enables sailors to use that part of the lake usually occupied by water skiers for a short time. In this respect Maple Grove has had some experience with the water ski club on Eagle lake near the junction of 694 and 494. The city decided to limit the hours that the course could be used. It is important that one group's expansive plans do not diminish the enjoyment of others. Frank Knourek 16925 llth Ave North PLyouth,Mn ------------------------------ Sent via PocketMail Email Anywhere www.pocketmail.com • 1 Page I of 1 Robert Lambert From: Pederson, Brian[Brian.Pederson@opus-ae.comj t Sent: Wednesday, November 30,2005 8:52 AM To: Robert Lambert Subject: Bryant Lake feedback i Dear Mr. Lambert, 1 I am writing to express my family's concern over the proposed permanent watercrafttwater-ski area at Bryant Lake Regional Park. Being a neighbor to this Hennepin County facility has been very enjoyable and our neighborhood appreciates the fine job that the Three Rivers district administration fosters over this pressured natural amenity (even though we can't understand why they painted highway stripes on the trails). In neighborhood gatherings lately(book club, holiday parties, etc.)I have informally been asking opinions related to the specific proposal of a permanent watercraftlwater--ski course.A large majority of those I spoke to dislike the idea and offered the following factual observations: 1.This water body resource is already operating at capacity. 2.The geometry of the shoreline(narrowness)creates tight circulation-paths already. 3.The popularity of this particular water resource will continue to increase aside from adding the proposed un- natural structures thus further regulation and supervision becomes a problem. 4. Impedes the fishability of the resource for those who don't have that particular high end high speed watercraft. 5.Objection to possible future"watercraft/water-ski tournament events"which would impede normal public use. 6. It's un-natural to this resource and aesthetically not desirable.The park already has been urbanized by painting highway stripes on the trail system. 7.Why this lake?Starring Lake seems more appropriate and its an Eden Prairie facility with better shoreline geometry. The major concern by our neighbors and my family is over the increased de-naturalizing of this resource-as a whole. From the increased signage to additional large man made structures(umbrellas)the park must be managed so as to maintain a natural simpler environment for all of the public patrons. The last thing anyone wants to see is more"highway striping"on this body of water. Brian Pederson 11881 Thornhill Road Eden Prairie, MN 55344 11/30/2005 November 10,2005 g. 1 j Dear Bryant Lake Area Resident, The purpose of this letter is to notify you that the City of Eden Prairie has received a request from the Bryant Lake Ski Team to allow installation of a permanent submersible slalom ski course on Bryant Lake(lake map on bask).Prior to submitting this request to 0FC 852 049 8300 the CityCouncil the Parks,Recreation and Natural Resources Commission will hold a Fax 952 949 8390 , TOD 952 949 8399 i public meeting to discuss the pros and cons of this request at their December 5 meeting. BOBO Mitchell Rd j Eden Prairie,MN Slalom Ski Course Discussion during the -aa65 Parks,Recreation and Natural Resources.Commission Meeting •tk+pWr"►s ]Monday,December 5,2005 7:00 P.M Heritage Rooms 3 &4(lower level) City Center, 8080 Mitchell Road You are invited to attend this meeting and express your support or opposition to this request The City will also hear from representatives from the Three Rivers Park District as well Cr_ as other users of this public water prior to submitting a request to the Hennepin County Water Patrol for a permit for this use. If you are unable to attend the meeting,but would like to submit a letter to be included in the record,please send the letter to: Bryant Lake Ski Team Request Robert Lambert,Director of Parks and Recreation 8080 Mitchell Road Eden Prairie,MN 55344 --ling this request,please feel free to contact me r9' /mAw 7020dQg &W Aft.V 55344 e�alpS !n9 ar-2 u s a� 2 or- 110 r`S-C On y all � Tyrone&Kit Thayer 11204 Willowood Eden Praift MN 55344 . Home Phone:952 941-5133 Cell.•612-308-3462 W:520 229-MX5) I November 29,2005 Robert Lambert Director,Parks&Recreation 8080 Mitchell Road Eden Prairie,MN 55344 Dear I&&064r't, Thank you for allowing us to voice our-opinions and concerns regarding the proposed slalom ski course on Bryant Lake. i We have been homeowners on Bryant Lake for many years.We certainly appreciate the oppor=lies that RV4 on the lake gives us: However,we also believe that the lake is public property and we must insure that we as home owners conduct ourselves accordingly. In the Eden Prairie Sun Thursday,October 6th article,Joe Doctor one of the proponents of the slalom course is quoted as follows: j "Think of us as basketball players.We're already throwing the ball on the side of the barn,Now we warrt to put up a hoop". I suggest Mr.Doctor should realize that the bate is likely private property.The lake is not!The hoop on the barn does not infringe on the public,while the slalom course will! It's only a matter of degree: 3 A few years ago,one of the Bryant Lake home owners constructed a similar slalom course as the one in question.This course was not always submerged when not in use.There were numerous occasions when the course would be above the surface for more than just a few hours and not being utilized.This of course restricted areas of the lake to others.In consideration of others,we voiced our concern which resulted in the owners of the slalom course(I believe both parties are members of the current ski club)to visit us at our home and were very angry at our comments.The course continued to remain above the water when not in use numerous times. a wacture of wood and PVG pipe, ximately 30-feet long and 3-fed above the water,was 1.'wo or three years ago permanent P aPPm . installed by another homeowner(agam.a member of the current sid club).This structure took considerable room and certainly restricted the boating space for the public to use. j This past season saw another wood structure assembled m the lower southeast bay.To the best of my knowledge it is still there.Both of the above structures were used for skiing.This season:yet another lake owner had his very large inflatable raft at least 25-feet from his dock.This raft was in the narrowest area of the lake and was a potential safety problem.Again,this owner is a member of the ski club. We point out all the above because we believe it shows an attitude.An attitude relatively selfish in nature,one that may not consider all lake owners and most certainly not people Using the public access. Therefore,we r' fo a rowing: 1.if you approve the installation of the submersible slalom ski course,that you restrict the hours of usage for due least interference with others.We suggest the hours be from 6:00-9:OO�m and only on weekdays.No holidays or weekends. 2.That an appropriate fine and penalty system be in place if the conditions of the agreement are not met. 3.The ski club provide an adequate insurance policy to cover any and all liability-ie.a minimum of$10,000,000.00. 4.That the Ad club understand that at no time do they have control of the lake,specifically the area of the slalom course.In other words,all watercraft have rights to use the area of the slalom course at all times. 5.The most important issue is to protect the public interest and not just the interest of a few. The lake is public property,and we trust you to insure it remains a piwAgand for everyone.Thank you. Tyrone S.. Krt Thayer i November 15,2005 i Slalom Sid Course Request Robert Lambert,Director Parks and Recreation { 8080 Mitchell Road Eden Prairie,MN 55344-4485 Dear Mr.Lambert, Pursuant to your letter of November 10,2005, we will be unable to attend the December 5 meeting regarding the Slalom Ski course request. We want to express our strong opposition to the request. We live at 6661 Cherokee Trail West with a direct view of the park. The park was billed as a"wilderness park",but now our view includes a large parking lot. We are opposed to all farther development of the park as being contrary to the"wilderness theme". We now have a rare park given its location in a growing city. Let us preserve the quality and resist the pressures of development. As an example of the cost of development,a few years ago a Frisbee"golf'course was put into the park. This seemed innocent enough at the time.But,during warm weather months we have kids parking on our residential street Friday-Sun(to avoid parking fees), racing their cars and leaving trash behind such as beer and pop bottles,etc.Our, . neighborhood has been.fighting this problem for several years,including parking bans, increased police surveillance,etc.,without any improvement. Adding a slalom ski course will encourage larger,noisier boats on an already over used small lake. Thank you, Thomas E.Popovich Karen S.Popovich Peter J.Rue 11546 Raspberry Hill Rd. Eden Prairie,MN 55344 (952)946-0093 Robert Lambert Director of Parks and Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie,NIN 55344 Re:Bryant Lake Ski Team Request Dear Mr.Lambert: ' My son and I have long used Bryant Lake for kayaking.. We live close (our house is on the picture you sent), and have wheeled carts to walk to Bryant Lake Park with our boats. The north part of the lake has always seemed to be the quieter part. Often skiers or wake boarders make sweeping turns around the south"bay" of the lake. It's sort of tight, and can be a little frightening from my perspective..For this reason,and often just to take a short trip,we tend to stay to the north part. , I cannot tell the nature of the proposed installation from the letter. If it is not in any way exclusionary,and let's skiers and others use the lake,I am not opposed. If there is any idea that it gives skiers a proprietary interest in that part of the lake,I am opposed. Further, if it is an installation that would lend itself to use by jet skiers, I am definitely opposed. That part of the lake is surrounded by residences and a school. Jet skis are noisy. Their users, I have found,tend to take a very self-centered view of use of water space. The lake is rather small for the use of jet skis in any case. Please call if I may follow up in any way. V truly yours, i # ' November 10,2005 l 1 i I Dear Bryant Lake Area Resident, 1 1 t The purpose of this letter is to notify you that the City of Eden Prairie has received a E request from the Bryant Lake Ski Team to allow installation of a permanent submersible slalom ski course on Bryant Lake(lake map on back).Prior to submitting this request to °�952 949 9s99 the City Council,the Parks,Recreation and Natural Resources Commission will hold a 7DD 952 949 8399 public meeting to discuss the pros and cons of this request at their December 5 meeting. BBea Mkchen Ad Eden Prairie,MN Slalom Ski Course Discussion during the saa aa85 Parks,Recreation and Natural Resources Commission Meeting e1°i'e°"a Monday,December 5,2005 7:00 pm. Heritage Rooms 3&4(lower level) City Center, 8080 Mitchell.Road { You are invited to attend this meeting and express your support or opposition to this The City will also hear from representatives from the Three Rivers Park District as well 4-- as other users of this public water prior to submitting.a request to the Hennepin county Waxer Patrol for a permit for this use. If you are unable to attend the meeting,but would like to submit a letter to be included in the record,please send the letter to: Bryant Lake Ski Team Request Robert Lambert,Director of Parks and Recreation 8080 Mitchell Road Eden Prairie,MN 55344 If you have any questions regarding this request,please feel free to contact me at 952-949-8440. Thank you. Sincerely, Robert A-Lambert Director of Parks and Recreation PARKS AND RECREATION October 25,2005 11 j 1 OFC 952 949 8300 FAX 952 949 0390 TDD 952 949 9399 8080 Mitchel!Rd Eden Prairie,MN 55344-4485 MargieWalz Director of Entarise Operations Three Rivers Park District 3000 Xenium Lane North Plymouth,MN 55441 RE: Bryant Lake Ski Team.Requestt for Permanent Submersible Slalom Course(updated positioning) Dear Margie: 'on ixrces miinissi meeting, Par Recreation and Natural Reso At the October 3 twg, Parks, - indicated to the Bryant Lake Ski Team that their proposed location for a submersible i slalom ski course in Bryant Lake was unacceptable.. The Commission. cited the recommendations of John Barton, Water Resources Manager for Three Rivers Park District and-Leslie Stovring,-Environmental Services Coordinator for.the City of Eden Prairie. The Commission did indicate it would-give the Bryant Lake Ski Team an opportunity to propose a location that would meet the concerns of both Mr.Barton and Ms.Stovring,and hold a public hearing for the purpose of reviewing the request at the December 5 meeting of the Parks,Recreation and Natural Resources Commission. I have received,a copy of the revised proposal from the Bryant Lake Ski Team.and have enclosed a copy of Mr. Docter's letter and attachments for your. review. I- would appreciate a response to this revised proposal by November i5 it at all possible, At.the October 311 meeting there were several representatives from fishing groups.who had:concerns about-snagging buoys when.they are submerged. Mr. Docter indicated that.the buoys would be`on the bottom of the lake''when the course is.not in-use.In a -Hennepin.County Water enn Jeff Stone of th conversation with LieutenanttY t coeP soli uenT m letel ' I arse that co mersib a co Patrol, he indicated that he is not aware of any sub completely Bryant Lake Ski Team Request for Permanent Submersible Slalom Course i (updated positioning October 25,2005 Paget deflates the buoys so they are`on the bottom of the lake'.If this continues to be a major concern of people who fish on Bryant Lake,we may require that as a condition of the PAL If you have any further questions regarding this proposal,please feel free to call me at 952-949-8440. Sincerely, Robert A Lambert Director of Parks and Recreation Services City of Eden Prairie Attachments: Letter from Joe Docter Bryant Lake map depicting proposed location Bryant Lake ma north bay P— aY Lakes with slalom courses Bryant Lake property owner approval signatures Cc: Leslie Stovring Eden Prairie,Minnesota i Mr. Bob Lambert Director of Parks and Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 i. z Dear Mr.Lambert, Here is an aerial shot of the lake with proposed positioning of the perms- vent, submersible slalom course in blue. The course dimensions are seventy- five feet wide by eight hundred and fifty feet long. When submersed,the buoys sit approximately four feet below the surface. I have also enclosed the basic slalom course layout. When the course is the buoys (circles) sit on the surface of the lake while the cables remain four feet below the surface. Please let me know if you would like additional detail prior to the Octo- ber third meeting. Best regards, toecter Member, on behalf of the Bryant Lake Ski Team Eden Prairie,Minnesota i I October 21,2005 Mr.Bob Lambert Director of Parks and Recreation j City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 t Dear Mr.Lambert, • I Enclosed please find the updated proposed positioning for the permanent,submersi- ble slalom course.We have also enclosed a listing of lakes with slalom courses in the greater Minneapolis area. One of the courses is on a Three Rivers Park District lake. i To reiterate,the course rests on the lake bottom when not in use. We anticipate two to three hours of use a couple mornings per week depending on weather conditions and boat traffic. Additional enclosures include a larger scale view of the north bay with the buoys su- perimposed on a scale layout of a slalom course. The course is very narrow,unlike the ex- planatory nonage we utilized at the October 3rd Parks and Recreation Commission meeting. Finally,we have enclosed the property owner approval signatures along with the question to which they responded. Thank you for including us on the agenda for the December 5,2005,Parks and Rec- reation Commission meeting. Please let me know if you would like additional detail in ad- vance. Best re ds, Joe octer M ,on behalf of the Bryant-Lake Ski Team f - . �i y L I 3 1, R 'a ,40 - L -p - - t 'Cc. e� lk - 9 •t;�-4Cv 'tea''ro-d`'•'` 'Y fi`''L+rrY +n<�r'ti•. '�R pu� -.� yt w. aff "_,• n � # l f�3'�E(. r.. �n r� -_�^� � v �y.yrq •G. s'�c S'r t-qrF '-jig Ty,� �9 r 't"r" ` ,yr,}•`?5..r` y '.,Tags-�r'•4� _emu - Y xa t 5� A t w r r «x w v r a ' s,.Yaz h `" �• t�•tt rr"' i Cw'S�• ar :i yF <sc''� -l.r� IMP' �.�.+ y io-"s•s�,a,... 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White Bear Lake/Washin n Walmark Lake Chisago C ity/Chisago Peltier Lake Lino Lakes/Washington Owasso Lake Shoreview/Ramsey Spring Lake Spring Lake T /Scott C Beaver Lake Ellendale/Steele Fountain Lake Albert Lea/Freeborn * Lake Auburn is in Three Rivers Carver Park April 25, 2005 Dear fellow residents of Bryant Lake, My name is _ I am collecting input from fellow msidents as w are a pro ess of forming'a private water ski association. -Tlie ass. elation will c-o of lake residentsand users�vl�o wish to ski by u ' ' a submersible slalom course. The association will own,operate and monitor the submersible slalom course on Bryant Lake and work in conjunction.wWthe Eden prairie City Council and Henneptn County Sheriff's Department to obtain the proper the permits- We will cordially work with all-lake residents and lake users and expect no change in the level of activity. We invite your comments and would greatly appreciate your support! Best regards, Bryant Lake Ski Team(BLS'1) NAME I I A rove I'm Indifferent I r o 1 �MPLLn rya✓ �Pf*'"t . o s.. 0172 t r . tE 3 a k, . tear K K s d CAtk f,0aA M n1 T (r April 25, 2005 Dear fellow residents of Bryant Lake, a dce v . jam collecting input from My name is a rivate water ski fellow residents as we are in the process of forming p - association. The association will consist of lake residents and users who wish to sId by utilizing a submersible slalom course. The assoe�ation will own, operate and monitor the submersible slalom course on Bryant Lake and work in conjunction with the Eden Prairie City Council and Hennepin County Sheriff's Department to obtain the proper the permits: We will cordially work with all lake residents and lake users and expect no change in the level of activity. and would greatly We invite your comments g . appreciate your support! Y I Best regards, • Bryant Lake Ski Team(BLST) ` - NAME I A rove I'm Indifferent I ose 3. 5. CD 6. i i (� April 25, 2005 Dear fellow residents of Bryant Lake, I am collecting input from My name is rivate water ski fellow residents as we are in the process of forming a p association. The association will consist of lake residents and users who wish to ski by utilizing a submersible slalom course. The associati#Laked own, operate and monitor the submersible slalom course on Bryan work in conjunction with the Eden Prairie City Council and Hennepin County Sheriff s Department to obtain the proper the permits. We will cordially work with all lake residents and lake users and expect no We invite your comments change in the level of activity. and would greasy appreciate your support! Best regards, Bryant Lake Ski Team(BLST) NAME I A rove I'm Indifferent I I ose l Ace i X2+6 2. 4. 5. , i I I Eden Prairie,Minnesota i Mr. Bob Lambert Director of Parks and Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Mr. Lambert, i I represent the Bryant Lake Ski Team and am sending this letter on behalf of the team. The Bryant Lake Ski Team is seeking permission to install a perma- nent submersible water ski course on Bryant Lake. The slalom course would be for the use of the team and recreational water skiers. We would like to ap- pear before the Parks and Recreation Commission to further explain the details of the course and answer any questions. We have surveyed the lake property owners and have overwhelming support for our plan and would like to share this information with the commission as well. Please let me know the next available time for a meeting between the Commis- sion and our representatives. I can be reached at 7032 Willow Creek Road, Eden Prairie, 55344, 952.943.2772. We look forward to meeting with you and the Commission to discuss this request. Best regards, Joe Docter Member, on behalf of the Bryant Lake Ski Team � Administrative Center' PP Rivers V1,0 YS 3000 Xenium Lane •.Plymouth,MN 55441-1299 YV V .:._ 'Telephone 763/559-9000 • TIDD 763/559-6719• Fax 763/559-3287 PARK DISTRICT www.threeriversparkdtstnct.org • an equal opportunity employer F ,w Robert A.Lambert Director of Parks and Recreation Services _ City of Eden Prairie r 8080 Mitchell Rd. .. . Eden Prairie,MN 55344 Dear Bob: The following represents Park District staff analysis of the proposed water ski slalom course plan , for Bryant Lake and the impact on the Pafk District's shoreline, recreational uses, and.water ' quality in Bryant Lake.John Bartgn,Water Resources Manager,reviewed the plans you provided , and offers this analysis: "The plan shows that the proposed course will be located north ofthe Bryant Lake Regional Park boat launch, approximately 100 feet east of the park shoreline. I believe the proposed location poses a . significant threat to the plant communities along the.park shoreline,and to the stability of the shoreline itself.'The most recent macrophyte survey of the lake found extensive cattail and lily pad be along the shoreline at.the north end.of the lakes, and found numerous submerged native•aquatic plants in . deeper water adjacent to the emergent plants. The proposed slalom course will be within 100-feet bf the lily pad'beds,and appears to be within a few feet,of the submerged plant beds. = Numerous studies by Tim Asplluld, DNR limnologist for.the state of Wisconsin, and others have . documented the decline of emergent and submerged-macrophyte cblonies resulting from frequent high speed.outboard motor boat activity in and near the plant beds. (Attached is a copy of an article on Tim Asplund's research.)Additional studies on numerous lakes in Minnesota and Wisconsin demonstrate_ conclusively that loss of plant cbmmunities negatively affects the size and species.of fesh;•is a factor in the decline of water quality,, and increases shoreline erosion:- Thus, locating the proposed slalom i course near the park shoreline as shown on the plan will result in some water quality degradation'•of. Bryant Lake. The research of boat impacts on-lake shorelines suggests that a wave height greater than,0.5-feet will 'm►P _ . wave hei t-as a fimction of boat 1 to relict wa _ _ cause significant shoreline erosion. Equations deve oped p � , size;boat speed,Proximity to the shoreline, and other factors, suggest-that sigriificanl boating activity. within 150 feet of a shoreline will cause wave,heights above 0.5 feet. Therefore, if the course is" t from the re gional ark fee . um of 200 � p should be a>Enirurn un of boat traffic sh allow the outer'boundary allowed, �Y ` es I a1ri not sure how far from shore that '1' with the us e of slalom co familiar , shoreline. Not,bein � g would.place the•center of the course;but certainly farther west than shown on the Proposed plan. Resear&has also documented sediment disruption by high speed motorboats. Although the degree ' _ of impact is due.to many-factors it is clear that boat size,boat speed,water depth, and sediment type Promoting eaAronmentol stewardship through recreation and education in a natural resources-based park system are the most critical factors. In general,larger outboard motors can disturb sediments to a depth of 10 feet or more, especially when turning and accelerating, necessary activities for use of the slalom course. The high horsepower boats used to slalom ski will-'almost certainly cause some sediment disturbance and increase phosphorus loading to the lake. Locating the proposed course west of the desired location in deeper water to protect plants and sediments will place,it near the center-of the north.bay of the lake. The inaximum.tvidth of the-bay is 1200 feet,and it narrows to 500 feet at the north end of the proposed course. It appears that,during active use periods, the slalom course would preclude use of the majority of the north bay by other recreational activities, particularly fishing which typically occurs at the same time as water skiing. The bay encompasses-approximately 25% of the lake-surface area. Therefore, the slalom course would usurp use of a significant portion of the lake immediately adjacent to the park. I have reviewed this information with Superintendent Bryant and other members of our executive staff. Park District staff does not support locating the slalom course adjacent to the Regional Park sliorehhe. Less impact to water quality and recreational use of the lake would occur if the course were , placed in the main bay of the lake. Shoreline and aquatic macrophyte impacts could be minimized by placing the,course five to six hundred feet from shore,and sediment impacts could be minimized by placing the course in 15 to.20 feet of water. Further,the Park District is concerned about the impact of the course on other recreational boating and fishing.that is generated from the public boat launch on Bryant,Lake, This information can be shared with your-Parks, Recreation and Natural Resource Commission on October P. •If you would.like Superintendent Bryant or a Tbi'ee Rivers Park District representative and/or John 13arten,Water Resources Manager at your Commission meeting on October P,please.let me know. The Park District recognizes that the actual permitting of this course is under the purview of the,City of Eden Prairie; however, we appreciate the opportunity to express the Park District's environmental.stewardship concerns and perceived impacts on the provision of regional "recreation opportunities emanating from Bryant Lake Regional Park, which may result from approving the currently proposed slalom course plan. Sincerely, Oa Margie Walz, Director Park Operations Services - C: Douglas F:Bryant,Superintendent Lisa Beck,Director Special Services Tom McDowell,Director Program and Facility Services Karen Robinson,Director Administrative Services John Barten,Water Resources Manager i I Boating away from shore protects aquatic plants and habitat MADISON-State research on Wisconsin lakes is increasingly showing that boating away from the shoreline can protect aquatic plants that provide critical habitat and food for fish. Boating away from the shorelines also may help improve the water clarity of shallow lakes and: help reduce algae growth on some lakes, the research shows. ' "Our findings support the idea that keeping motor boats away from near shore habitats is.going to be critical for the lake quality and habitat,"says Tim Asplund,a Department of Natural Resources limnologist. A series of studies since 1994 suggest that boating near shore harms submerged aquatic plants by uprooting them,chopping them up or preventing them from getting established in the first place.That direct impact creates several problems because the plants provide food and spawning habitat for fish;and can help limit algae growth by competing for the same food,. phosphorous. j The research has also suggested that heavy weekend boat use can harm the water clarity and quality of shallower lakes by stirring up sediments from the lake bottom.Some off the sediments_ contain pollutants including phosphorous,which in turn raises the level of nutrients suspended in the water and can spur more algae growth. A cooperative research project on Long Lake in Fond du Lac County with the Long Lake Fishing Club helped convinced Town of Osceola officials this spring to expand the no-wake zone along that lake's east side. In summer 1997,the existing"slow-no-wake"zone in Long Lake was extended from the usual 200 feet from the water's edge to 400 feet out along a 1-mile stretch on the lake's east side.That distance was based on what aerial photos indicated was the edge of the aquatic plant beds. Within that zone,the researchers set up more buoys to indicate smaller no motor areas where boaters were to tilt their motors out of the water and paddle,or use electric trolling motors. Surveys returned by members of the Long Lake Fishing Club,which funded the research with DNR grant,indicated that members generally obeyed the designations and that 85 percent supported the buoys'placement. Aerial photos taken in 1997 suggest that boat scour decreased the most in the no motor areas from 1995--a year when there were low water levels and considerable problems-and was somewhat reduced in the no-wake areas compared to the rest of the lake.Another year of study will be necessary before determining whether differences in height,density and species diversity between the no-wake zone and open water areas are significant,the researchers say. Research in 1995 on Jefferson County's Lake Ripley,found that submerged plants inside experimental enclosures grew taller and covered more area than the plants growing in unprotected areas.The total mass of the plants in the enclosures was three times more than in plant beds in open water. "We're reasonably certain the reason we had such high growth inside the enclosures was their protection from the boats,"Asplund says. A third study conducted in summer 1994 and published in 1996 investigated whether boating near the shore led to decreased water quality and water clarity on 24 lakes across the state.The study found that on most lakes,the main effect boating near the shoreline had on water quality was to temporarily reduce a lake's clarity—it decreased by an average of 10 percent on weekends,when the number of boats increased three to 11 times from the weekday numbers. However,the researchers noted that the change in water clarity caused by boating was small compared to the changes wrought by seasonal changes and differences among lakes. Asplund said the results from the three studies suggest that local governments balance objectives as they weigh how to regulate management activities on a lake to protect it while still allowing people to enjoy using it. For instance, many boaters and swimmers find aquatic plants a nuisance, and plants can actually deter fish reproduction if the plants are too dense. "But you need to have a balance,"Asplund says."You need to have plants for a lake because you need to have habitat for fish,insects and wildlife,you need to have a food source for fish, protection for smaller fish,food for ducks and migrating waterfowl,and the benefits they can bring for water quality." He says the research suggests that local governments may want to look into protecting aquatic plants from boats during critical growing periods,such as early summer,and may want to consider establishing no-wake zones to encompass aquatic plant beds, rather than setting the zone at some arbitrary distance from the shore. "There's room for quality recreational use of our lakes,while still protecting critical habitat and preserving water quality,"Asplund says."All it takes is a little creativity and the determination of local communities to make it happen." FOR MORE INFORMATION CONTACT:Tim Asplund-(608)221-6357 CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director January 17,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.1. Janet Jeremiah, Community Major Center Area Draft Final Report Development Director Consideration Requested Action Move to approve the Major Center Area Study Draft Final Report as an advisory tool subject to the following conditions: A. Complete more detailed feasibility analyses for the Town Center area including a market study, physical redevelopment study and financial feasibility analysis. B. Consider alternative land uses outside of the Town Center area provided the traffic, pedestrian, aesthetic and other impacts are within the study parameters. C. Include more detail relative to housing types and affordability prior to potential adoption of the study into the Comprehensive Plan(which requires a future public hearing). D. Modify the draft final report to incorporate the recommendations of the final traffic analysis. E. Work with adjacent property owners in the vicinity of near-term transportation recommendations to solicit additional feedback prior to detailed construction level design work and funding considerations. F. Work with interested residents and business property owners/representatives to provide detailed comments on the wayfinding recommendations and funding considerations prior to implementation. Synopsis The Planning Commission and staff recommend approval of the Major Center Area Study as an advisory tool subject to conditions addressing more detailed analysis and public input prior to future Comprehensive Plan amendments. Background Information In the fall of 2004,the City Council commissioned a comprehensive study of the Major Center Area(MCA). The MCA includes about a 1200 acre area within and surrounding the Prairie Center Drive and Valley View"ring roads". The Council appointed a fourteen member task force of business and resident representatives to provide input regarding the future of the area through the year 2030. The Council also approved a contract with SRF Consulting, Inc. (Barry Warner)and Ingraham&Associates(Greg Ingraham)to facilitate the study process and complete the land use and traffic analyses. The Council approved Visual Communications (Richard Lang)to work on wayfinding solutions for the area. The Task Force has completed its work and two Open Houses have been held to receive community feedback. The plans, principles and results of both Open House surveys are available on the City Website.Feedback has also been received from a group of developers,the Eden Prairie morning Rotary, and the Chamber of Commerce. Result of the Chamber of Commerce survey are also available on the City Website. Three joint workshops with the Planning Commission and City Council have also been held to receive policy direction. The Park&Recreation Commission reviewed alternative plans in June and the final plans in October. On October 3, 2005,the Park&Recreation Commission recommended adopting the plans into the Comprehensive Plan and completing more detailed feasibility analysis. On November 28, 2005,the Planning Commission recommended approval of the study as an advisory tool. The staff report to the Planning Commission included recommendations for the first three conditions. The remaining conditions have been added subsequent to Planning Commission consideration. The MCA Study Future Land Use Plan and Planning Principles have been modified since Planning Commission consideration to clarify land use recommendations and address some public feedback. Clarifications and detail have been added relative to flexibility in the plan outside of the town center area,protection of existing residential neighborhoods and creative, aesthetic environmental solutions. Transportation recommendations to provide better connections and traffic flow through the area,most notably realignment and improvements to Singletree Lane and W. 78th Street,are suggested for near-term consideration in part to address Chamber of Commerce comments relative to the importance of improved traffic flow through the area. All of these recommendations will be considered further in the future prior to implementation. Attachments • Major Center Area Study: The Next 25 Years a Framework for Decision-Making,January 6, 2006 Draft for Council Consideration(provided under separate cover and at www.edenprairie.org) • MCA Planning Principles,January 6, 2006 (an appendix of the draft final report, also available separately on the website) EDEN PRAIRIE MAJOR CENTER AREA STUDY PLANNING PRINCIPLES ug F � it -� \��' m �• �' ! 3� �f d `4`" \`\��`.. s . r a v T January 6, 2006 EDEN PRAIRIE MAJOR CENTER AREA STUDY PLANNING PRINCIPLES TABLE OF CONTENTS Page I. PURPOSE AND INTENT...................................................................... 3 1.0 Land Use ....................................................................................... 4 1.1 Land Use Mix.......................................................................... 5 1.2 Town Center........................................................................... 6 1.3 Land Use Categories .............................................. 8 2.0 Transportation ............................................................................. 15 2.1 Regional Roads and Highways...................................... 16 2.2 Collector Roads................................................................ 17 2.3 Local Streets System........................................................ 17 3.0 Outer Ring Road ......................................................................... 18 4.0 Mall Ring Road............................................................................. 19 5.0 Transit............................................................................................ 19 5.1 Transit-LRT....................................................................... 19 5.2 Transit-Bus Circulator..................................................... 20 6.0 Pedestrian/Bike Features and Facilities................................... 21 7.0 Wayfinding................................................................................... 23 8.0 Urban Design/Streetscape.......................................................... 23 9.0 Green Systems.............................................................................. 25 10.0 Environmental Systems............................................................... 26 11.0 Parking........................................................................................... 27 I I. PURPOSE AND INTENT The realization of a long term vision for the Major Center Area(MCA) should be carefully orchestrated and should adhere to sound planning principles. This section identifies a balanced set of statements that embody the future intent of land use, transportation,urban design and other fundamental systems within the MCA. Their purpose is to provide elected and appointed decision makers,along with staff,with guidance regarding initiatives to be undertaken. They should be consulted on a regular basis to assist in describing the long term vision for the study area. In particular,the planning principles should be of assistance in guiding incremental change as improvements are made. The planning principles should also be embraced by the private sector to assist in understanding the City's vision and how private development will be expected to complement public infrastructure. The principles should serve as one of several sets of criteria in evaluating private sector development proposals and their compatibility with the vision cast for the area. Residents,businesses and other stakeholders will also see benefit in consulting the principles. MCA residents will find interest in the future vision for their neighborhood. Businesses may find references to guide reinvestments and their role in supporting the area's economy and continued growth. The MCA planning principles are intended to provide a set of descriptive statements, providing supportive detail for the vision graphic. Philosophical in nature,they provide rational for basic elements, systems and physical recommendations arrived upon during the planning process. It is expected that the principles will be revisited over time with constructive changes made as supplementary information is made available and other studies are completed. The Planning Principles are designed to help implement and guide actions to achieve the future land use plan,transportation and transit improvements,park,recreation, sidewalk,and trail enhancements and wayfinding system. 1.0 LAND USE Future land use in the MCA is envisioned as a mix of complementary uses that enhance the area's role as Eden Prairie's center and as a regional destination. The land use mix will consist of retail commercial, service,residential,entertainment, employment, medical,recreation and civic uses. A Town Center area is planned as a walkable district that focuses on creating a mix of shopping,entertainment,housing,employment and civic uses in a compact traditional downtown form. Development outside of the Town Center is also likely to change over time toward a more compact mixed-use form. This will increase walkability and civic amenities. Eden Prairie Center will continue to evolve in its regional role. Land use intensity and traffic generation should be balanced with the planned transportation capacity and sensitive to potential adverse impacts on existing nearby neighborhoods. Open space amenities and green fingers of landscaping,trail and civic space will be used to spur redevelopment and to provide pleasant pedestrian connections. A goal is to increase the efficiency of land uses within the MCA over time. This is to be accomplished by: • Relocation of low intensity uses, • Redevelopment of larger parcels to more intense uses, • Mixed use development(such as housing over shops), • Use of structured and shared parking to free up parking areas for new development, • Development of complementary uses which do not create as many new vehicle trips, • Development of uses that use bus and light rail transit. The Land Use Principles include assumptions for density and floor area ratio(ratio of building size to lot size) increases for parcels forecast to either change land use type or to significantly increase intensity in the future. Other parcels and buildings in the MCA are also likely to redevelop,but significant increased intensity is not forecast for those other parcels. The purpose of these intensity assumptions is to guide where and how land use change will occur and to assure that density increases are balanced with the planned transportation system capacity as well as adequate parks and other public services(police,fire,etc.) The MCA study traffic forecast followed these same assumptions for land use change and intensification. 1.1 LAND USE MIX A thriving mix of uses is an important characteristic of the MCA. In general,this means a mix of land use types such as employment,shopping,services,entertainment, civic/park, restaurants, lodging, medical and housing. Relocation of some uses, more efficient use of parking and re-development are expected to free up land for new mixed-use development. Uses may be mixed within areas and multiple uses may occur on individual parcels or within one building. Emphasis should be placed on building and site design and relationships and connections between uses. Large parcels with low intensity uses should be relocated to the fringe of the MCA (sub area 1) or in the Golden Triangle Area as opportunities arise (see Figure 1 for sub area locations). 1.1.1 A mix of land use types should continue to evolve toward more integrated uses (through shared access,circulation,parking, and pedestrian connections) and new vertically integrated mixed-use development(i.e.,residential or office above shops). 1.1.2 MCA land use intensities should emphasize and support the Town Center. 1.1.3 Lower intensity uses on larger parcels (such as industrial,car dealerships and big box retail) should be relocated to the Golden Triangle Area or to sub areas 1 or 8 as opportunities arise (see Figure 1 for sub area locations). Figure 1: MCA Subareas 4 q � I� 1.2 TOWN CENTER A walkable Town Center should be created in the center and eastern portion of MCA sub area 2. The Town Center should be a compact area with a vibrant mix of land uses (live,work,play). The land uses should contribute to day/evening and year round use. The Town Center area focus will be on the intersection of Singletree Lane and a new north-south street to be created just east of the NSP power line corridor. These streets will act as the"Main Streets' of the Town Center. Uses fronting on the intersection of the Main Streets should be vertical mixed use development(residences over ground floor shops). It is envisioned as an open air design with buildings of mixed heights along a grid of pedestrian friendly,landscaped streets. Significant and unique open space/civic amenities (Lake Idlewild Park,plazas,town green,public art,etc.) should be focal points and attractions. The civic amenities should support community and event uses and may include indoor space to encourage year round use. Substantial density (40-75 dwelling units per acre and 0.35 floor area ratio for non-residential uses) should be encouraged to enhance identity and to allow sufficient density to help pay for important civic elements. Building height will range from three to six stories with taller multi-family buildings(up to 10 stories) south of Technology Drive and west of Lake Idlewild. Parking will primarily be located in underground and above ground structures integrated into the buildings and in on-street spaces. The Town Center should have high quality transit service through bus,LRT and/or circulator buses. 1.2.1 Town Center Relationship to Other MCA Uses The Town Center should be a unique and supportive element of the MCA. Its retail uses should not detract from Eden Prairie Center or other area uses. The open space and civic amenities and the"Main Street" character will be different from the rest of the MCA and the density and activity in the Town Center will be higher. 1.2.2 The Town Center should act as an additional new attraction for workers, residents and visitors. 1.2.3 Town Center Land Use The intent is to create a live/work/play environment. Development density is expected to be greater in the Town Center than elsewhere in Eden Prairie. 1.2.4 A mix of shopping,housing, restaurant,entertainment, office and park and open space uses is envisioned. Where feasible,new development should occur in multi-story mixed use buildings with strong pedestrian orientation. 1.2.5 Multi-family dwellings over ground floor shops and restaurants should front on the intersection of the"Main Streets". 1.2.6 Amenity Elements Civic amenities such as a town green, Lake Idlewild Park,linear greenways and possibly an indoor recreation space should be focal points of the Town Center. Refer to sections 2.3,6.0, 7.0,8.0 and 9.0 elsewhere in the document for additional guidelines. 1.2.7 Pedestrian Focus Circulation in the Town Center should emphasize pedestrian movement while accommodating vehicle movement to/from parking and delivery access. Structured parking should be located at convenient locations at the edges of the Center to minimize vehicle/pedestrian conflicts. Auto uses such as drive-up facilities should not be located in the Town Center. 1.2.8 Design, Building Placement and Massing The intent is to create an area that has the feel and function of a traditional town center. The primary components of the Town Center form are: Sidewalks should be the primary means of movement and access to the area. Wide sidewalks should be located next to the street curb edge. Build to line. The primary building facade should be parallel to the sidewalk and street and be located at or very near the inside edge of the sidewalk. This promotes a sense of enclosure and frames the street. There should be some flexibility to allow residential porches, stoops,sidewalk cafes and gardens. Street level interest should occur through first floor transparent display windows,outdoor dining areas,public art,fountains,courtyards,plazas,and pedestrian-scale signage,lighting,plantings,etc. Parking should be located primarily in structures behind or under buildings and never between the sidewalk and the building. Parking access should be designed to minimize conflicts with the pedestrian environment. Mechanical and service areas should be out of public view. Building height should range from three to ten stories with height transitions at the edges of the district adjacent to single-family neighborhoods. High-rise buildings(7-10 stories) should be clustered in areas identified as appropriate. Minimum heights,lot coverage and floor area ratios should be established to ensure an adequate scale and concentration of uses commensurate with a Town Center. Buildings should provide horizontal and vertical relief(no long unbroken walls). Street building facades should include human scale architectural detailing and try to achieve traditional modules of 25 to 50 feet wide. There should be a traditional grid street pattern. 1.3 LAND USE CATEGORIES AND FACTORS A range of land uses called for in the MCA preferred concept are described here. 1.3 Retail Retail uses seek to locate in areas with good visibility,access and convenient parking. There are some variations in the need for visibility,access and convenient parking among retailers due to their size,scale and market orientation.Concentrations of retail shops allow customers to shop for various goods within a defined area. For these reasons and others,retail uses are the dominant existing use in the MCA. Most retail uses generate a high volume of traffic,but have a traffic pattern that peaks during non- rush hour times. Regional Mixed Use/Regional Retail 1.3.1 Eden Prairie Center Eden Prairie Center attracts local and regional visitors and is a positive influence on area property value and development. The mall has evolved significantly since it was built in response to changing retail and economic trends. That evolution will continue as the mall enhances its retail and restaurant mix to ensure competitiveness. Additions of appropriate non-retail uses should be considered. Other potential uses may include more diverse entertainment and perhaps hospitality uses,increased access and use of transit and consideration of housing and other complementary uses on the mall site. The large surface parking areas present opportunities for building expansion and redevelopment. This may require consolidation of parking into structured ramps to free up land for redevelopment. The Future Land Use Plan assumes a modest amount of new development and redevelopment will occur within the Eden Prairie Center area. The MCA traffic model assumed a 15% increase in vehicle trips between 2005 and 2030 due to new development in the Eden Prairie Center area(sub area 6). Neighborhood/Convenience Retail/Service 1.3.2 Neighborhood retail,including neighborhood services and restaurants,is a core element that should be located convenient to residential uses and commuters (e.g.,near transit stops). It does not rely on automobile traffic to the same extent that community,regional or big box retail does. Neighborhood retail/service should be considered in high-density residential and office buildings to serve occupants without significant increases in vehicle trips. No significant increase in intensity is anticipated in the stand alone neighborhood retail areas. 1.3.3 Drive up and drive through uses should be limited to retail areas designated for neighborhood,community or big box retail. Land uses with drive through elements should not be located in the Town Center area nor should they abut residential,office,institutional or similar sensitive uses. Edge buffering and internal siting of the drive through should be addressed. Community Retail/Service 1.3.4 Community retail attracts shoppers and customers from Eden Prairie and the adjacent communities. It can include service uses as well as restaurants. Community retail relies on high visibility from major streets and proximity to other complementary uses. 1.3.5 Boutique/specialty uses supporting local entrepreneurs should be added along with potential new anchor stores that are not present in the Eden Prairie area. 1.3.6 Community retail uses in the Town Center area should be higher intensity (multi-story buildings with office or other uses allowed in upper levels) compared to community retail uses outside of the Town Center. Big Box Retail 1.3.7 Big box retail uses typically are larger stores that attract local and regional customers. They have high visibility needs and may include other support services,restaurants, etc. 1.3.8 Big box retail uses in sub areas #1 and #8 are forecast to redevelop at a higher intensity(0.35 floor area ratio). This means redevelopment that increases the building area on the lot through use of a multi-story building,structured or underground parking and other complementary uses. 1.3.9 Existing big box retail uses in the Town Center area have lower property values, and their lower intensity does not support Town Center goals or image. They are important elements to the community and should be relocated to sub area 1 or 8 or to the Golden Triangle Area. 1.3.10 Should the Costco big box retail property in Sub area 2 redevelop it should change land use to a high density residential use. Ground Level Retail with Medium Density Housing 1.3.11 Multi-family housing over ground floor retail shops and restaurants is envisioned at the intersection of the Town Center"Main Streets." The shops and restaurants will have significant street front presence (storefront windows, sidewalk dining,etc.) The floor area ratio is forecast to be approximately 0.5 and residential density is up to 45 dwelling units per acre. 1.4 Office 1.4.1 Corporate identity office is typically a single use facility with high visibility needs. The east part of sub area 1 and the north part of sub area 9 are forecast for future redevelopment to office use at a floor area ratio of 0.50. i. Professional offices can be integrated into mixed use development with retail and service uses on the first floor. These uses should occur in sub areas 2,3,4 or 9. ii. The portion of sub area 1,south of Valley View Drive and east of Prairie Center Drive is forecast to redevelop as mixed use office at a floor area ratio of 0.30. Small scale retail is also appropriate provided the existing limited access is acceptable. 1.4.2 High tech uses and incubator office/manufacturing are appropriate in sub area 10 and the Golden Triangle area. 1.5 Medical/clinic Medical uses will continue to increase in importance and may be associated with senior housing and care facilities or freestanding clinics and hospitals. 1.5.1 Medical Clinic uses are appropriate as part of any mixed use development and as stand alone uses in certain designated portions sub areas 2 or 5. 1.6 Industrial The larger parcels,lesser job density (fewer jobs per square foot compared to office) and lower overall intensity of industrial uses are an under-utilization of MCA land. Industrial properties tend to interrupt the walkability of an area due to large,private buildings, surface parking and truck traffic. 1.6.1 Industrial uses should be relocated to the Golden Triangle Area,as opportunities arise. 1.7 Entertainment,Restaurant and Services Restaurants are an important local and regional attraction. Other entertainment uses such as theaters,museums,cultural and fine arts,etc. should be located within mixed use developments and the Town Center. Many entertainment uses have the ability to share parking with office/employment uses. 1.7.1 The City should continue to encourage new restaurants to locate within mixed use development and within the Town Center. 1.8 Hospitality/Lodging 1.8.1 A full service hotel with conference and banquet facilities should be located within the MCA. Potential locations are sub areas 2,4,6 or 9. 1.9 RESIDENTIAL Residential development seeks convenient locations,quality housing, generally quieter surroundings,views and access to open space,parks,neighborhood retail/services and community facilities(schools,library, etc.). High-rise High Density Residential 1.9.1 This category includes multi-family residential dwellings with a density range of 60-75 dwelling units per acre and a height of 7-10 stories. These taller structures should be located to take advantage of views of amenities and in areas where significant shading of lower structures will not occur. 19.2 High-rise residential uses are appropriate for the area south of Technology Drive just west of Lake Idlewild (Town Center portion of sub area 2) and along the east shore of Purgatory Conservation Area immediately south of Columbine Rd. (sub area 4). Mid-rise High Density Residential 1.9.3 This category includes multi-family residential dwellings with a density range of 40-60 dwelling units per acre and a height of 3-6 stories. 1.9.4 Mid-rise residential development is forecast for the area Southwest of Lake Idlewild, the area south of Singletree Lane and east of Prairie Center Drive(sub area 2) and the portion of sub area 4 located at the south east edge of Purgatory Conservation Area. Medium Density Housing with Ground Level Retail 1.9.5 Multi-family housing over ground floor retail shops and restaurants is envisioned at the intersection of the Town Center"Main Streets." The shops and restaurants will have significant street front presence(storefront windows, sidewalk dining, etc.) The floor area ratio is forecast to be 0.5 and residential density is up to 45 dwelling units per acre. Variety of Housing Needs A variety of residential uses should be encouraged in the MCA. Lifecycle housing offers housing options to people at different stages of their life,with varying incomes and family and living arrangements. Demographic trends indicate increased demand for senior housing. Senior housing takes many forms,from market rate independent living to care facilities. Access to health care is an important factor for seniors and others. Integrated heath care,senior housing and mixed use centers are an emerging trend that the City should consider. 1.8.1 Housing should meet a continuum of life cycle needs in terms of types, affordability, ownership,rental,co-op,etc. Economic Conditions Due to high land values, the ability to develop affordable housing involves the use of higher density and/or treating housing as a bonus or value-added element in commercial areas. 1.8.2 At the Town Center crossroads location,new residential development should be part of a mixed use development with non-residential uses on the ground floor (Medium Density with Retail at Ground Level). Locations Suited to Higher Density, Taller Buildings 1.8.3 Taller structures should be located to take advantage of views of amenities and in areas where significant shading of lower structures will not occur. High-rise residential uses are appropriate for the area south of Technology Drive just west of Lake Idlewild (Town Center portion of sub area 2) and along the east shore of Purgatory Conservation Area (sub area 4)just south of Columbine Rd. 1.8.4 Residential density should be higher within the Town Center,within one-quarter mile of a transit hub and along transit and circulator routes. Protect Existing Residential Areas There is a large amount of existing housing in or near the MCA. Much of the housing in the area surrounding the MCA is in low rise buildings. 1.8.5 New development and re-development should be sensitive to existing housing. 1.8.6 There should be appropriate landscaped transitions and site layouts to manage the physical relationship between new and existing uses. Significant shading of adjacent structures should be avoided and new development should not have a significant affect upon views from existing uses. 1.8.7 Adequate public safety resources should be maintained with increasing density to ensure a high level of services continues to be provided to existing neighborhoods. 1.9 Densi Greater density is necessary to provide a funding source for civic amenities and to create the critical mass and activity level desired in the Town Center. 1.9.1 Density should be balanced with transportation capacity and availability of parks and other public services and will need to minimize impact on existing residential areas. 1.9.2 Greater residential density should be allowed in the Town Center,near transit and to take advantage of open space and views, specifically in the area west of Lake Idlewild,the area south of Single Tree Lane and east of Prairie Center Drive in sub area 2 and the portion of sub area 4 located at the south east edge of Purgatory Conservation Area. 1.10 Building Height and Massing Building height and massing will vary across the MCA. 1.10.1 Modest height and massing should be the norm for the bulk of the MCA,with a range of 3-6 stories. Higher buildings may be compatible in specific locations (see section 1.10.3). 1.10.2 Height and floor area bonuses should be granted for mixed use projects when they have appropriate transitions to existing residential. 1.10.3 Additional height should be allowed in the Town Center,near transit and to take advantage of open space and views(sub areas 2,3 and 4). Seven to ten stories could be acceptable depending on the design and the specific project. Appropriate locations for buildings of this height have been designated at the NW quadrant of the new Town Center close to Lake Idlewild,and at the SW corner of Prairie Center Drive and Columbine Road,overlooking Purgatory Creek Recreation Area. 1.11 Other Regional Attractions The regional role of the area is important to long term success and economic sustainability. Regional use allows greater diversity of shops, services,restaurants and entertainment. In addition to the new Town Center,these may include lodging, cultural, arts,medical and other facilities. 1.11.1 The City should work to attract other regional uses to complement the regional role of Eden Prairie Center. 1.12 Relationship to Amenities See Sections 3.1,6.0,8.0,9.010.0 for additional principles. Amenities are important to the MCA's future because they create attractive,popular places for people to meet and use regularly. These well used places shape character and identity and are invaluable to the overall vitality of a place like the Major Center Area. 1.12.1 Parks,trails,civic uses and "green corridors" should be focal points and unifying elements of new development. 1.12.2 Multiple-use civic spaces should be created that can be used for farmers markets, performing arts,community events,restaurant seating,etc. Such spaces should be located within the Lake Idlewild Park and on or adjacent to the Town Center Main Street intersection shown on the future Land Use Plan. 1.12.3 Complementary private uses should be considered within parks and civic plazas to add activity nodes,bathrooms and security. 1.13 Land Use-Transportation Relationship While land use and transportation capacity should be in balance,these principles recognize that some traffic congestion should be accepted as a sign of a vital and desirable area. No business wants to be located on a low volume street. Efficient use of roadways is important and mobility on key through movement roadways should be protected. One aspect of efficient road use means a mix of land use that spreads peak use and direction more evenly across the day. This can be accomplished by mixing housing,employment and retail. Another element of efficiency is creating a transit and pedestrian friendly land use pattern. This means a compact form,services near housing and a walkway network. 2.0 TRANSPORTATION Transportation conditions are seen as integral to the overall vitality and success of any developed area. However,congestion,lack of transportation options and other obstacles to convenient travel cause stress and disrupt patterns of daily life. In crafting a vision of the Major Center Area for 2030, it became clear that changes to the transportation system should be made to serve people's interests and needs. Direct, easy access and an attractive convenient environment for all modes of travel quickly surfaced in the course of the planning process as important attributes that should be incorporated into the final vision plan. Getting around in the Major Center Area in the future should be improved by focusing efforts on three primary objectives: a)improved access(from regional road systems as well as to specific land use);b) more easily understood circulation networks (roads, trails,paths and sidewalks); and c) more efficient management of traffic flow. The hierarchy of roads that determine the present day character of the area have been defined over time by road function,access patterns (to other properties and other roads) and design as well as signal timing. Due to the nature and timing of growth in the area, most roads have grown in size and scale and some have taken on a greater role in the road hierarchy. Transportation elements lower in the hierarchy(local streets,paths, trails and sidewalks)have not been as prevalent in the area because the predominant transportation needs have come from automobile traffic. The future livability of the MCA relies on continued management of existing road network as well as additional investment in roads,trails,paths and transit. This will create a balanced multimodal transportation system in the MCA. 2.1 Regional Roads and Highway 2.1.1 Improvements to TH 212 are desirable to correspond to the road's future role and function as a future County roadway that balances access and mobility. Improved access along TH 212, south of I-494 should be sought through signal coordination;consideration of grade separated ramps and roadways, and improved connections to the regional mall. Identify a timeline and criteria for future renaming of TH 212 when it transfers jurisdiction to Hennepin County from MN/DOT to assist the private sector wayfinding,parcel identity and business recognition. 2.1.2 Grade separating existing TH 212 with Prairie Center Drive and/or future LRT service is desirable to accommodate access in the southeast quadrant of the Major Center Area. This approach helps minimize conflicts between regional trips and local traffic, transit, and pedestrian/bicycle movement. (also see Section 2.26). 2.1.3 Longer regional trips passing through the area should be facilitated on I-494 and TH 5,involving coordination and simplified access to the local road system. 2.1.4 Additional access to the area from the I-494 corridor north of the MCA is desirable to improve regional movements to and from the MCA area. New ramps and structures providing more direct access to northbound I-494 and from southbound I-494 would make travel much more direct and easily understood. Improved I-494 access would benefit abutting parcels and provide improved access to the regional mall and the Town Center. 2.1.5 Improved access from existing TH 212,northeast of I-494,is desirable to simplify regional trips to and from the MCA. Regional access is important on this roadway. New bridge structures may be needed to achieve desired growth of the area, to maintain its economic vitality and promote a variety of land uses. 2.2 Collector Roads Existing and new collector roads should be improved to enhance north-south and east- west movement,capacity,connections and access throughout the area. 2.2.1 A strong east-west connection is desired in the MCA,via aligning Singletree Lane with West 78th Street. 2.2.2 Evaluate the feasibility of a new north-south corridor through sub area 2. This could be combined with improved access to/from I-494. 2.2.3 Define the needed backage,frontage and parking lot connections to provide reasonable access to signalized intersections. 2.2.4 Develop an access management and traffic signal plan to improve the efficiency and safety for all road users in the study area. 2.2.5 Eliminate roadways with minimal service areas as redevelopment occurs,if technically feasible. 2.2.6 Improve pedestrian safety and comfort at collector street crossings by using grade separate crossings at limited but critical areas,as well as traffic improvements throughout the area. 2.2.7 Intelligent transportation system technologies should be employed to increase the capacity,flow and safety of existing roadways. 2.3 Local Streets System New local streets and redevelopment of existing local streets should provide adequate local circulation and parcel access. Design features should emphasize pedestrian scale (two or three lane design,where feasible,with on-street parking in some locations), landscape plantings and other amenities. 2.3.1 Strengthen street boulevard treatment with street tree and other appropriate plantings,pedestrian level lighting, streetscape enhancements,and other pedestrian amenities. 2.3.2 Provide on-street parking wherever possible to improve parking capacity and separate the traveled way from sidewalk areas. 2.3.3 Access to land uses with drive through components should be limited to local commercial streets outside of the Town Center rather than arterials,collectors, the other ring road or mall ring road. Site configuration to accommodate the drive through should separate parking functions and be sensitive to adjacent edge land uses and the pedestrian/bicycle environment. Access limitations should occur to promote traffic flow and safety. 3.0 OUTER RING ROAD (Prairie Center Drive/Valley View Road) The outer ring road circuit of Prairie Center Drive and Valley View should provide direct access to regional roads and promote an efficient,easily recognizable route for getting to and around the Major Center Area. 3.1 The image and identity enhancements of the outer ring road should be distinctive,reflected in the physical character of the street,including intersection green space,boulevard character,lighting,landscaping and building or parking lot setbacks. 3.2 Signage identifying the outer ring road should be distinctive and placed in such a way that drivers unfamiliar'with the area can easily navigate around the circuit. 3.3 Access points along the outer ring road should be consolidated in order to promote efficient movement. New frontage and backage roads that serve as local roads and connect to collector roads should be constructed as development occurs to achieve this goal. 3.4 Intersections should be consolidated wherever possible and as redevelopment occurs. Signed coordination and geometric improvements should be pedestrian/bicycle implemented to improve overall operations for vehicular/p / cy P p P traffic. 3.5 Pedestrian and bicycle traffic should be accommodated parallel to the outer ring road in easily accessible facilities. Enhancements to pedestrian/bike crossings of the outer ring road (such as grade separated crossings,medians and adjusted signal timing where appropriate) should be considered at critical locations. 4.0 MALL RING ROAD Internal ring road intersections at the Eden Prairie Center should be reconfigured to improve traffic circulation, access by all modes of travel and identity/wayfinding for visitors. One-way vehicle circulation offers efficiency of movement and reduces potential conflicts. Two-way circulation could result in more frequent conflicts between vehicles or other modes. 4.1 Redesign primary access points to the mall to improve driver visibility and operation with public roadways By constructing traffic islands and reducing the width of entry intersections. 4.2 Direct pedestrian and bike connections to the mall should be built to reduce conflicts with vehicles. 4.3 Signage posted on the Mall ring road should ensure quick readability,visual consistency and strategic placement for customers wishing to access the mall by all modes (car,bike and walking), as well as directions to regional roadways for customers leaving the mall. 4.4 Implement modifications to circulation patterns on the mall ring road as necessary or recommended in the future to reduce queing impacts and improve pedestrian access and safety (one-way traffic flow is recommended and expected to be necessary at some point in the future). 5.0 TRANSIT 5.1 Transit-LRT By 2030,Light Rail Transit(LRT) service is likely to be a key feature of the MCA. The location of LRT station(s)will have a long term impact on design,siting and land uses in the immediate vicinity of the station(s). Transit oriented development(TOD) is a principle that seeks to locate the highest density uses closest to transit service,with a strong emphasis on designing pedestrian oriented environments closest to transit access points. Typically a half-mile radius closest to the station is considered walking distance(approximately a ten minute walk), and a preference for housing or high job-generating workplaces is found in land use guide plans for such areas. Supportive retail goods and services are also a component of TOD but these uses are typically small in size and clustered within a mixed use (vertical integration) or multiple use (clustered alongside)environment. Walk-to transit stations follow traditional transit oriented development principles. Another approach that takes advantage of LRT service with vastly different results on the built environment is the park and ride station. This station would be located at the existing Southwest Transit Station and serve rider who drove or arrive by bus. Land uses are likely to be high density due to the need to accommodate park and ride transit customers in parking garages as seen in current conditions. Nevertheless,some supportive retail goods and services can coexist with this type of transit station. 5.1.1 The primary location for a walk-to LRT station in the MCA should be within the Town Center,south of Lake Idlewild in the vicinity of the new north-south "main street". The secondary location for a walk-to LRT station,which would also serve as a park and ride station,should be at the site of the current day Southwest Transit Station,integrated with bus transit service. 5.1.2 The highest and most intense land uses,particularly mixed use projects,should be located within a half-mile radius of a centrally located LRT station to support the Town Center concept. 5.1.3 Development located within the half-mile radius to the transit station should meet specific development standards that result in a high-amenity pedestrian environment. These standards should address build to lines,treatment of parking lots/facilities,pedestrian-scaled design features,landscaping,lighting and signage. 5.1.4 Transit ridership should be supported by combining the Southwest Transit bus station with a park and ride LRT station and thus retain a critical transportation alternative for commuters. 5.1.5 LRT transit service should minimize impacts on adjacent street and pedestrian/bicycle network,such as by constructing grade-separated crossings at major intersections. 5.2 Transit-Bus Circulator Regional bus service should continue to be an important component of the MCA transportation system. However,the Southwest Transit Stations location on Technology Drive west of Prairie Center Drive is remotely located from many of the MCA's key destinations for walking trips. A bus circulator service will be ever more important to the success of the area as the density and mix of land uses (retail commercial,office and residential)increases over time. A future bus circulator will be invaluable to the continued growth of the MCA. As traffic congestion in the area increases over time,offering a bus circulator as a means to move people between popular destinations can contribute to slower growth in the number of vehicles on the road,and also limit the size of intersections that would otherwise expand in width and complexity to handle increases in traffic. An MCA circulator service can offer advantages to all uses located in the area, shuttling residents,customers,workers and visitors to and from large scale parking reserves such as those located in the Southwest Transit Station. It can deliver passengers door to door without long trips from outer parking areas to entrances,as can sometimes be the case on busy days at regional shopping destinations like the Eden Prairie Center. 5.2.1 The feasibility of a bus circulator should be evaluated that would serve office, retail, and residential destinations within the MCA from the Southwest Transit Station. 5.2.2 The Southwest Transit Station should continue to be used as a terminal and intermodal connector in order to take advantage of existing regional and local bus service. 5.2.3 The outer ring road (Valley View Road and Prairie Center Drive circuit) should be emphasized as the primary route for the service to reinforce ease of circulation and navigation in the MCA. 5.2.4 Parking reserves (such as existing park and ride spaces) should be used as shared parking with compatible uses that have staggered peak demand times,and make use of a circulator service to connect drivers with their ultimate destinations. 6.0 PEDESTRIAN/BIKE FEATURES AND FACILITIES Over the course of the planning process,participants clearly expressed an interest in better walking and biking conditions. Citizens are seeking a pleasant,effective way to get around the area other than in their cars. In an environment dominated by vehicle travel,the overall livability of the MCA now and in the future can be vastly improved by investing in walk/bike features that create a safe,attractive and efficient environment. Increasingly,larger numbers of residents and workers walk for purposes of recreation and physical activity as well as to make daily trips between destinations. The demand for walking space therefore should meet recreational needs as well as daily transportation needs,which suggest two different planning design approaches. As development density increases in the MCA and more residents,workers and shoppers spend part of their daily routine in the area,increased demand and presence of walkers and cyclists will result. This will make an interconnected system of paths, sidewalks and trails increasingly successful and usable, in turn making it easier to choose walking or biking to get around. 6.1 The existing trails and paths system should be expanded to include sidewalks and landscaping/greening in areas currently underserved by such features. 6.2 New private paths/walkways should connect with existing city trails and paths. 6.3 Trails, sidewalks and other walk/bike paths should be planned and developed that ensure safety,reducing conflicts with vehicles where necessary and provide direct access to important destinations. 6.4 Pedestrian and cyclist conflicts with major roads (collectors,regional access points) should be minimized by improving street crossings,for both on-street and grade-separated crossings,at key locations. Key locations may be at places where existing systems cross roadways and therefore affect a large number of system users. Other important locations may be where traffic conditions (volume and speed of travel)necessitate special consideration for pedestrians. 6.5 Seasonal use of paths, trails and walkways should be expanded to include winter use wherever possible. Maintenance costs and workforce availability should be directed to promote all-season use by walkers and cyclists. 6.6 Design and implementation of trails,sidewalks and paths should conform to Americans with Disabilities Act Accessibility Guidelines and be responsive to individuals with mobility limitations. 7.0 WAYFINDING A wayfinding system should be implemented that will help Major Center Area visitors find their desired destination within the Major Center Area and also assist them in navigating back out to the regional highways. 7.1 Wayfinding should be broken into a series of decision points providing pertinent information when needed, starting at the regional highways and providing more detailed information as the visitor moves closer to their destination. 7.2 The wayfinding system should be predominantly a signage based system. Along with assisting with navigation through the use of colors and icons,the style of the signage should create a distinctive image for the Major Center Area. 7.3 The Major Center Area should be broken into distinct sub areas to assist MCA businesses and residents describe where they are within the MCA. 7.4 The outer ring road will play a critical role in the wayfinding system as it provides a consistent roadway that passes through all of the Major Center Area sub areas. 7.5 The wayfinding hierarchy should consist of: • The Major Center Area • Sub areas within the Major Center Area • Streets,sidewalks and trails • Building addresses and other key destinations(parks,etc.) 7.6 The wayfinding system should provide information for all users(vehicles, transit,bicycles and pedestrians). 8.0 URBAN DESIGN/STREETSCAPE The relationship of buildings to streets, and the experience of drivers,walkers and bicyclists as they travel the public streets, sidewalks,paths and trails in the MCA are important to the areas overall sense of place. A positive sense of place, one that defines a distinct identity and recognizable features, landmarks and patterns of development and open space,is something that has high value for the future of the MCA. Whenever feasible,buildings should be located close to the public streets, and parking lots should be located to the rear or side of buildings. Particularly in the Town Center district of the MCA,the dominant impression should be attractive buildings rather than parking. Pedestrians should be able to walk with comfort and a sense of security beside interesting buildings with windows and doors facing the sidewalk rather than along parking lots. On each block, all new buildings should be generally set the same distance from the public street right-of-way with some flexibility to allow residential porches,stoops, sidewalk cafes, gardens,and to provide visual relief(no long,unbroken walls). This distance,called a"build-to" line,is considered a maximum setback distance,meaning that buildings must abut-this line with only those exceptions noted. This maximum distance should be considered in relationship to the building's height. 8.1 The Town Center district within the MCA should be connected by continuous sidewalks and provide an inviting pedestrian environment. 8.2 The pedestrian environment should be made attractive as a result of building scale,orientation and entrances to buildings. 8.3 Sidewalks should be included in site layouts for all parcels with street frontage. 8.4 Boulevards with street trees and other appropriate plantings and amenities should be included on key pedestrian routes and on important collector roads within the MCA. 8.5 Pedestrian-level,theme lighting as well as overhead street lights should be provided in the MCA. 8.6 Pedestrian travel across major roads(such as TH 212,Prairie Center Drive)must receive special design treatment to ensure safety and ease of access. 8.7 Public art should be encouraged in the MCA area. 8.8 Public amenities should be integrated into public and private developments, (streets,plazas, open spaces)such as landscaped spaces,seating areas,pedestrian elements, seasonal features and appropriate interests for young and old. 9.0 GREEN SYSTEMS The connection of private and public green systems is an important framework that will ensure the long term beauty of the MCA as development intensifies and transportation needs alter the landscape significantly. Unique open space features are important to solidifying the MCA's role as a highly attractive destination for all city residents. Possible uses could be active recreational, passive open space or joint public-private facilities. The plan concepts show a combination of linear corridors that penetrate the area, providing access to and connection between existing green spaces,lakes,wetlands and other park facilities, such as the Purgatory Creek Recreation Area,Lake Idlewild,and Emerson Technologies' open space. 9.1 Major Center Area parks,open spaces and natural resources should be physically connected wherever possible through the use of greenways,trails, boulevard plantings and other open space elements. 9.2 Development should be sited to be sensitive to remaining natural resources. 9.3 New'pocket parks',linear green ways and other civic spaces should be incorporated into development projects. Private-public partnerships are encouraged to build these spaces,operate and maintain them over the long term. 9.4 Public investment in trails and greenways should be evaluated in the context of relationship to the community's existing system. 9.5 Pedestrian crossing of major roadways such as TH 212 should be included in future public or private projects. Grade-separated crossings may be required where significant traffic conflicts exist. 9.6 Differing land uses within the MCA should be'greened' and buffered through the use of street trees and plantings. Parking lot edges,outdoor storage and other objectionable views should be screened by the use of plantings and other means. 9.7 Hardy plant species should be chosen for resistance to drought,road salt, disease,extreme temperatures,and limiting irrigation needs (xeriscape principles). Plantings should be chosen to create seasonal color and reflect seasonal change. Native prairie plants should be considered to reflect the City's heritage. 9.8 A maintenance district,common to all properties if possible,should be studied as a means to maintain the integrity of urban landscape amenities. 9.9 A variety of flexible park spaces should be developed responding to the needs of MCA residents,employees and guests. Park size and design should emphasize the wide variety of recreation programming,civic events and festivals likely to be hosted. Passive spaces should also be developed,complementing land use mix and density. 9.10 Greenways and open spaces should incorporate stormwater runoff and treatment in creative, aesthetic ways. 10.0 ENVIRONMENTAL SYSTEMS Preservation and stewardship of the natural environment including existing woodlands,wetlands and other natural resource features furthers the MCAs identity and strengthens its appeal for housing,business,hospitality,entertainment and civic/cultural uses. As urban conditions are adopted with more intense development, connections to relatively undeveloped natural areas become ever more important. Treatment of stormwater is one aspect of development that traditionally results in minimum benefit to existing environmental systems (water quality,soil erosion,etc). Innovative treatment of stormwater through the application of best practices can bring significant advantages to the natural systems that must accommodate new development. Creative solutions can also be more aesthetic and potentially reduce management costs. Some stormwater treatment and careful avoidance of wetland and floodplain impact is required by city and watershed ordinance. Development in the MCA has a greater responsibility to improve quality measures within these systems given the concentration and intensity of new development anticipated in the area. 11.0 PARKING In the future,many of the land uses located in the MCA will continue to need highly visible and ample parking. However,other options such as shared parking and the addition of circulator service could contribute to a change in the physical environment, such that large-scale,single user surface parking lots are less common. Over the long term(up to 2030),the likely appreciation in land values will also encourage alternative methods of accommodating parking for specific land uses. Parking structures are likely to become more commonplace as costs of land increase. 11.1 The feasibility of a parking district should be studied to manage available parking resources. 11.2 Parking in the MCA should be accessible and sufficiently meet MCA land use needs. 11.3 A combination of on-street and off-street parking should be required to meet demands generated by different land use types. 11.4 Shared parking should be promoted in mixed use developments. 11.5 Bus circulator service should be considered as part of shared parking arrangements. The Southwest Transit Station could be employed as a parking resource in a joint private/public partnership. 11.6 Structured parking should be located adjacent to,or within building massing. 11.7 Parking should be made accessible (although access will be managed by a network of routes that connect collector roads in the MCA). 11.8 Parking should be made accessible from local streets in the area. 11.9 The overall parking supply should be managed to meet the needs of both short- and long-term users. 11.10 On-street(curbside)parking should be included where appropriate in the MCA and wherever possible in the Town Center area. 11.11 Within the Town Center district of the MCA,the emphasis on compact development and an attractive walkable environment suggests that parking lot or structure location and design treatment should receive additional attention. Specific design standards for new structures within the Town Center district should apply. 11.12 Parking should be located primarily behind or beside buildings rather than between buildings and the public street. 11.13 Outside of the Town Center district, some portion of parking lot frontage may abut a street right-of-way,as long as separation is provided by a landscaped setback and and/or architectural screening treatments. 11.14 Outside of the Town Center district, the view to each parking lot should be softened by landscaping,which may include grassy berms(low hills), shrubs, trees,low brick or stone walls,and opaque fences. 11.15 Screening such as fences should be used to separate dissimilar and incompatible land uses such as commercial buildings or parking lots from housing. CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Robert A. Lambert, Director Prioritizing Park Land Acquisition Needs Parks and Recreation Request Move to: Move to authorize staff to negotiate for the acquisition of both the Picha property and the Jackson property, and to prioritize the Picha property as the highest priority site and the Jackson property as the second highest priority at this time. Synopsis At the January 9 meeting of the Parks, Recreation and Natural Resources Commission,the Commission voted unanimously to recommend the City Council prioritize the Picha property as the highest priority parcel and the Jackson property as the second highest priority and to authorize staff to negotiate for the acquisition of both properties utilizing referendum and park fees for this purpose. Background The Parks,Recreation and Natural Resources Commission requested a list of the status of the lands that have been identified as future park land and the Commission has recommended that the City prioritize which parcels should be acquired and negotiate for the acquisition of those lands that are for sale as soon as the parcels have willing sellers. Attached to this memorandum is a listof the parcels that have been identified as future park land and the approximate acreage of the parcel and the anticipated method of acquisition. Other than land owned by the State of Minnesota Department of Transportation or the U.S. Fish and Wildlife Service,the only two properties that appear to be for sale at this time are the Picha property,which is adjacent to the Birch Island Woods and the Todd Jackson property,which is adjacent to Riley Lake Park. The referendum had $800,000 designated for land acquisition;with that in mind,the Commission determined the highest priority for acquisition at this time and recommend the Council use park dedication fees for costs above that amount that may be required to acquire both properties. Prioritizing Park Land Acquisition Needs January 17, 2006 Page 2 Considerations Birch Island Woods-Picha ro e P P i1 ' This 4.04 acre parcel is owned by an estate consisting of several families. The property owners have indicated they will be willing to sell the property to the City of Eden Prairie in 2006 for $830,000. The property consists of 4.04 acre, some of which is fill that has been deposited over the last few years, and some of which has either been farmed or was part of an old building site. The parcel is in the southwest corner of a 31 acre conservation area on the north side of Birch Island Road. The value to the Park and Open Space System is not the quality of the trees, but the desirability of preserving the entire track of woodland north of Birch Island Road as public open space. The City will be paying$108,000 in 2006 and$104,000 in 2007 as the final payments on the Contract for Deed on the original acquisition of Birch Island Woods. Riley Lake Park—Jackson property. 9291 Riley Lake Road This parcel is one of two small developed parcels remaining within Riley Lake Park.This parcel contains 91'of lakeshore and is located immediately north of the public boat access for Riley Lake.Adjacent to this parcel, at 9281 Riley Lake Road, is the parcel owned by Ernie Shuldheiss that has 60'of lakeshore; immediately north of Ernie's property is the public swimming beach and picnic area. This parcel was left to the Shuldheiss family estate who put the property on the market in 2004 for a price of$495,000.They eventually sold the property to Todd Jackson in March of 2005 for $300,000. Mr. Jackson is now going to put the property back on the market for$365,000. The value to the Park and Open Space System of both properties is to remove two residential properties from within the proposed park boundaries of Riley Lake Park. These two parcels will continue to be a source of conflict between park users and property owners as long as they remain in private ownership. City staff believe that the acquisition of these two parcels should be the highest priority for the City, due to the fact that they will remain a potential for a major conflict between property owners and the public in a community park on the lake with the highest recreational value in Eden Prairie. Although the cost of purchasing two developed parcels is extremely high when considering the individual parcel,the acquisition cost becomes more reasonable when averaging the land cost of the entire park system on a per acre basis, and considering the importance of removing those last two privately held parcels within the park boundary. Prioritizing Park Land Acquisition Needs January 17, 2006 Page 3 Other Park Acquisitions Other park properties that should be acquired if possible in the near future are the trail easements across the U.S.Fish and Wildlife Service property to Riverview Road,the trail easement across the Fowler property providing access to the Minnesota River Valley, and the trail easement across the Hustad property along Riverview Road. These trail easements are critical to completing a loop trail system providing Eden Prairie residents with access to the Minnesota River Valley. The Barker property within the Riley Creek Woods,north of the creek, should be acquired if possible in order to preserve those woods, especially the land north of the creek. The acquisition of Rosemount Park on the west side of Lake Idlewild was discussed during the MCA study. Preservation of all or the majority this park should be a high priority for the City when the Rosemount land is ever subdivided or the current land use changes. Over the last several years there has been discussion about changing land uses to include more residential development in the Golden Triangle. If in fact the City does intent to change land use to expand residential in the Golden Triangle,the City needs to first evaluate where the residential land would be and then aggressively acquire parkland to serve the residents that would live in that portion of the community. It is difficult to make any recommendations on acquisition of land use within the Golden Triangle until those decisions are made. Attachments Park Land Acquisition Needs Email from Jeff Strate Email from Bob Lambert, response to Jeff Strate Riley Lake Park map Shuldhiess map Land Acquisition-Parcel 2a Land Acquisition-Parcel 2b Birch Island Woods Master Plan Land Acquisition-Parcel la Park Land Acquisition Needs Identified Winter 2005 -2006 Parcel Location Approximate Method of Est.Year of # Acreage Acquisition Acquisition 1 Birch Island Woods a. Picha property 4.04 Acquisition 2006 2 Riley Lake Park a. Todd Jackson property—9l'of lakeshore 20,296 sq ft Acquisition 2006 b. Ernie Shuldheiss property—60'of lakeshore 18,126 sq ft Acquisition ? 3 Edenvale Conservation Area(Former Anderson property) a. Grey Fox Bluff 15.58 Dedication/donation 2006 60'trail easement 1.92 Dedication/donation 4 Highway 212 Underpass/Riverview Road Trail Highway 212/Charleson Road underpass&trail easement to Riverview Road a. U.S.F.W.S easement to Riverview Road 5 Acquisition/dedication 2006 Will require funds to construct retaining wall 5 Riley Creek Valley Trail a. Laseski property—east of creek 4.25 Dedication/donation 2006 b. Berg property—south of creek 1.18 Dedication/donation 2006 c. Marshall property—both sides of creek 2.21 Dedication/donation ? d. Doyle property—north of creek 3.74 Acquisition/donation 2006 e. Barker property—north of creek 1.53 Acquisition ? f. Neuharth property—south of creek --- Dedication/donation ? 6 Purgatory Creek Trail a. MNDOT trail easement—north of creek 60'trail easement 1.22 Dedication/donation 2006 b. MNDOT trail easement—E&W of Hwy 212, .67 Dedication/donation 2006 60'trail easement 7 Purgatory Creek/Minnesota River Trail a. Phillipi property—acquisition—10300 Riverview Road 8.94 Acquisition/dedication ? b. Clarke property—acquisition 3.89 Dedication 2006 c. Fowler property—acquisition 10.92 Acquisition 2007 d. Fowler property—easement .17 Acquisition 2007 8 Hustad Property-Riverview Road Trail a. Trail easement approximately 400' Approx. 15,000 Dedication 2007 sq.ft. b. Bluff property north and south of old Riverview Road Dedication ? 9 Rice Marsh Lake Trail a. MNDOT trail easement—Seneca Pointe connection 500' 1.2 Dedication/donation 2008 b. MNDOT trail easement—south&east of lake; 6.03 Dedication/donation 2008 60'wide trail easement c. MNDOT property—excess ROW north of Hwy 312 42.91 Dedication/donation 2008 d. MNDOT property—excess ROW south of Hwy 312 11.74 Dedication/donation 2008 10 Mitchell Lake Marsh a. MNDOT property—SE area north of Hwy 5 20.35 Dedication/donation 2007 11 Lake Idlewild a. Rosemount Park on west side of Lake Idlewild 5 Acquisition/dedication ? (Rosemount Engineering) G:\Brenda\Letter&MemosTambert 2006\Park Land Acquisition Needs-winter 2005-2006.doc Updated 1/10/06 January 5, 2006 TO: Bob Lambert, Director, Parks, Recreation and Natural Resources Rob Barrett, Chair, Parks, Recreation and Natural Resources City of Eden Prairie and commissioners FROM: JeffStrate SUBJECT: Riley Lake parcel in view of he prioritizing of land parcels for possible acquisition for Eden Prairie's park and.trail system. Dear Bob, Rob and Parks Commissioners, Although I agree with a number of people that it would be nice to have the City of Eden Prairie add one or both of the two small parcels of land on Riley Lake to Riley Lake Park, I do not believe it is needed for the park or critical for its recreational amenities. I am submitting the following perspective points for public consideration by the commission as it prioritizes possible parkland acquisitions. I suspect that these points are likely to also be on the radar screens of a number of commissioners, city council members and city staff. A) Incorporating both parcels into Riley Lake Park would not significantly improve access to the lake for boating or ice fishing and would not improve the quality of the experience provided by the rest of the park for other users including swimmers, picnickers and volleyball, tennis and basketball players or folks attending the events at the historic buildings. B) Access to the lake by boaters and ice fishing enthusiasts can be improved throughout the year, and particularly during a few peak summer days, with out the purchase of additional, very expensive property. 1) The boat launch area and the carltrailer road spur opposite it can be widened, re-angled or relocated a bit to the south to provide easier access to the take and parking. (See map). 2) The trailer parking lot is small, but rather than buying expensive land for additional parking or other purposes, I recommend acquiring a parking easement for land bordering Riley Lake Road that is owned by the Hennepin County Railroad Authority. A number of parallel parking places for vehicles and trailers could be installed along the west edge of Riley Lake Road or the Southwest Regional Trail south of the boat launch ramp. (See map) 3) if the popularity of the lake for boating and fishing increases in the future, it seems that a new access road with parallel parking spaces for trailers running south from the main entrance parking lot along the south east edge of the { Page 2 of 2 basketball and volleyball courts to the existing trailer parking lot and boat ramp could provide additional parking. This would also create a loop route for cars with trailers and enable them to launch and park more easily. Such a loop route would also make additional vehicle-trailer parking along Riley Lake Road more practical. (See map) C) 1t is common throughout Minnesota in both urban and rural areas to have boat launch ramps, docks, fishing piers, boat trailers, anchor buoys, parked cars., beached ;et skis, picnickers and swimmers in close proximity to private homes. Such elements define Minnesota's take-oriented summers. Future owners of either of the two properties would likely be of the kind that subscribe to this flavor of the Minnesota Mystique. If they don't, they'll resell to people who do.. D) With shoreline use restrictions, we should not anticipate any serious, illegal misuse of the narrow strips of land that lay between the publicly-owned road and the lake. This shore is in full view of park workers every day. Moreover, this privately owned shoreland amounts to only Ills of the shoreline of Riley Lake Park. E) Land value and tax revenue 1) Purchase by the city of either one or both of the properties WOULD reduce the city's tax revenue base by the amounts that would be paid in property taxes by future owners. 2) When applying the analysis framework presented in "The Economic Values of Open Space: Implications for Land Use Decisions(Paul A. Anton, Wilder Research, October, 2005), purchase by the city of one or both of the properties WOULD NOT increase land values in the Riley Lake/Bearpath area. Buying and removing the structures on the two parcels would not add to the perceived value of living in Bearpath which is separated from Birch Island Park by Riley Lake Road and golf course fairways. The City's future tax revenues WOULD NOT therefore show an increase of the kind that would be generated by the purchase of larger and different kinds of open space such as a wooded area. With warmest regards, Jeff Strata 952.949-8980 (Maps and photos will be delivered to the Parks Department) d a d IO S� a i12( y�P da SAS+S d a baseball/ ftball riding arena d ° �dd°armbd baseball/ o wetland oftbull 4 RILEY LAKE _ i f _ picnic _ lva a .ram � rfIt shei1 go play fishing area pier ennis v ` d basketbal t " l 'etlon9 s r H ^ �- `�• d � a volleyball i twr' e b chi a. railer �� n parkin w iv _privet S' trail s x cc CL boat ° launc .f N �f m, 1 III�V�i January 5, 2006 ff ~ Dear Jeff, Thank you for taking the time to express your views on the purchase of the property on Riley Lake. While I appreciate your views and understand the motive for recommending the City pass on these two parcels I must strongly disagree with your rationale. I can assure you that I have heard many of the same arguments over the years as I was attempting to acquire land on Anderson Lakes, Bryant Lake, Mitchell Lake, Staring Lake, Red Rock Lake, Smetana Lake and Rice Marsh Lake. Fortunately the City had Parks Commissioners and City Council members who had the vision to see the value of acquiring lakeshore for public use, even when completing some of those aforementioned parks required buying small relatively expensive developed parcels. They understood the need to complete the acquisition of a community park and not to allow the last few expensive residential acquisitions to stay in place and impact the nature of the completed park. The City does not need those two parcels to expand boat parking for this park, or improve access to the lake. The value of those two parcels to the park is to remove the potential conflict between park users and the private homeowners forever. There is built in conflict due to the close proximity of the private land to the boat access and to the public swimming beach and the public picnic area. The fact that many people who are launching boats at that lake want to also enjoy the picnic facilities encourages a great deal of pedestrian traffic between the boat access and the picnic area which is now private property. Yes, you could say that the City could live with the currant condition, but it would be very poor planning and if we can at all afford it we should not accept this partially completed park. Yes, the taxes from these two parcels are more revenue than what will be generated from park users, but that can be said about any of our parks or conservation areas. The question is "should Eden Prairie's only park on its' largest recreational lake be left with two residential properties within the park boundaries? I'm certainly glad that previous Councils didn't give in to those arguments when we were facing very expensive acquisitions within Anderson Lakes Park or Staring Lake Park. We wouldn't have those total park systems in place today if they did. We should be asking ourselves what our standards are for our park system, not trying to make a list of all the reasons why we shouldn't buy these sites so we can justify spending our limited funds on another site. The fact is that Riley Lake Park will serve thousands of more residents each year than Birch Island Woods, and the City should do the best job it can in completing this important public amenity. This fact does nothing to diminish the fact that it would also be a very good idea to acquire Birch Island Woods if we could afford it. However, if it is a choice between the two sites I.would recommend acquiring the sites at Riley Lake due to the importance of that community park to our system and to the residents who will be using it for many years to come. I will include your letter as well as my response in the Parks Commission packet so Commission members can understand your concerns as well as my recommendations relating to those concerns. I'm sure Chairman Barrett will allow you to speak on this issue at the meeting if you have additional statements to make on this issue. Sincerely, Bob Lambert � r j r% ,� .. 3� sue .... Y ,� �� m rr ��'`trt�hth � �,h.•3, �rs � �� >(,� �,c.''".t � � � �V. �� •r� �x .k,. i`�S�`y"S'4 `�4 n. t ;bY2tJ. �i'F"�tsv- ".%4'r -t•: t� '-�' r~ "x � -Gax�t �1?�' �,�aid' � .t+ r ,'fc°Y ••r�'�• � b \ - '+[�3'ii�! f'� 7 :' '+L 2- 1`y�s •R•b. •;�{' k�i�. �rigry 4d'j�' ,,7�7"s^ •a��¢'��'�.'x3F`��ts'j� � .d '.a�"^ a- - +.g' '#-r" ' 7 a i 3^� a I•'^�' t F' C,t,. "5'Ta��,� 'fj��'awSi��35'��Y��r} tr'�r�•r _. ��..-7 i �'i� fv�t�`{�+�.i• f .� ," � � a �c`R' S �+� �yy,�� ,r,� ';��jvStt� �' a•ar �r�)�� . 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'� a+ k, � � `��:• �;�e 1tc x .�� xm�T� x��; � 1 s '��' •,:ss mod'` £,Fv.*', � Ww,, �k ��51, �.s: � �._ {la a .' 'r•*y `.Yp � R ' � m + w ��° `""''�� •• y/�i T,ems` � �: � �„€;_ '�• � �„ t:t'� �€", �a��a �� ?:",v' x i�q�: -*�'�4' a�•��"" x a� ,sue� a �e. K � � a yr � �r o p � :.. 10 w w r a N M 1s a S , y LAND ACQUISITION - PARCEL la NORM 12-03-04 so Vle: =100' CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director January 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Robert A. Lambert, Director Baseball Field Improvements at Round Lake Parks and Recreation Park Requested Action First Motion Move to: Authorize staff to include the relocation of the baseball field to the east side of Round Lake Park in the vicinity of Softball Field#5 and plan for the parking lot expansion adjacent to the expanded Community Center in the vicinity of what is now the baseball field. Second Motion Move to: Authorize planning for lighting the baseball field and providing other amenities such as dugouts, side fences, and a significantly larger backstop at an estimated cost of$190,000; and that the Eden Prairie Baseball Association will share in the cost of those improvements to a commitment of fifty-percent of the improvement cost. Synopsis At the January 9 meeting,the Parks,Recreation and Natural Resources Commission recommended approval of both motions after a discussion about the most appropriate place to put the expanded parking for the Community Center addition.The Commission agreed with City staff that with the loss of the parking immediately adjacent to the building and the loss of the "Lion's Club parking lot" with the development of the NURP pond, and with the expansion of the Community Center it will be critical to expand parking facilities to serve the Community Center. It would not make sense to construct those new parking facilities on the east end of the park north of the fire station, but would make more sense to relocate the baseball field in that vicinity and put the expanded parking for the Community Center adjacent to the Community Center. Background Staff received a letter from Tom Siering, President of the Eden Prairie Baseball Association dated November 10, 2005 requesting that the City make improvements to the Eden Prairie Community Center baseball field.This request was forwarded to the Parks, Recreation and Natural Resources Commission at its November 21 meeting. The Commission moved to direct Baseball Field Improvements at Round Lake Park January 17, 2006 Page 2 the staff to meet with members of the Baseball Association to determine more specific information regarding their request and to gather cost estimates for the requested improvements. Staff has compiled a summary of the estimated costs for baseball field improvements.The estimated costs are as follows: 1. Addition of lights—Staff has received preliminary estimates of approximately$130,000 to extend the necessary electrical to the field area and to install the light poles and controlling mechanisms similar to that of Miller Park field#8. 2. Extend the side fencing from current end to the outfield fence corners—approximate cost for this is$7,000. 3. Replace the backstop with a larger backstop—estimated cost$20,000. 4. Construct dugouts on the field similar to those at the Eden Prairie High School field— estimated cost is between $25,000 - $30,000. City staff has discussed the implications of these estimates with the President of the Eden Prairie Baseball Association and have received confirmation that the Baseball Association is willing to participate in a cost share for these field improvements up to $100,000.They have also indicated that they desire these field improvements be done in the fall of 2006, so that the field will have additional use capacity for the 2007 season. The City and the Eden Prairie Baseball Association have had a long time relationship in partnering with various field improvements throughout the entire City.The request for improvement to the Community Center baseball field is another project and would be of similar cost to the construction of the baseball building at Miller Park three years ago.The Baseball Association has experienced a growth in the number of players participating in baseball in the upper age groups,which use the full-size fields of which currently there are five ninety-foot baseball fields within the park system.Besides the field at the Community Center,the other fields are Miller Park field#8, Hidden Ponds Park,Franlo Park, and a field at the Cummins-Grill property. The Eden Prairie High School field is a full-size field;however, it is not lit and is used on a limited basis by the Eden Prairie Baseball Association. With the increase in the number of participants, as well as a growth in the adult programs,the use of these large baseball fields is at a premium. Coupled with the anticipated loss for at least one season of the large size baseball p P p field at the Cummins-Grill property,the need for additional game capacity is a primary factor in the request to light this field. Funding for the City's portion of the anticipated costs would come from cash park fees. Baseball Field Improvements at Round Lake Park January 17, 2006 Page 3 Relocation of Community Center Field During recent discussions with the Community Center architect it has become more apparent that the Community Center expansion is going to be difficult without impacting the existing baseball field.Although it is possible to accomplish the task, it would require retaining walls along the left field line of the baseball and then the baseball field will always be extremely close to the building and could cause problems with foul balls landing on the Community Center roof and perhaps within the entry way to the building.Although most of the issues can be solved with netting,the issue that has to be considered is where the parking for the Community Center should be located(adjacent to the building) and how to improve access to that large parking lot. By relocating the baseball field to the east, in the vicinity of softball field#5 and expanding the parking into the area where the existing baseball field is currently located,the City would be able to provide access from Eagle Way on the north, as well as from Valley View Road. While relocating this field will cost more,the investment would be well worth the additional cost to have the field and the parking lot in the right location. In order to accomplish this change without the loss of the use of the baseball field for a year, staff would recommend planning for completing the relocated baseball field this fall; along with the NURP pond and allowing the existing baseball field to stay in place until June 15 of 2007, at which time grading for the new parking lot would begin on the existing baseball and the new baseball field would be ready for use. We cannot begin grading softball field#5 until after August 15,2006, and would have to have the field completely sodded prior to November 1 of this year. This is a very tight time schedule, but could be accomplished barring any long-term rain delays this fall. The City would also have to work with the Riley Purgatory Bluff Creek Watershed District to coordinate the design for the NURP pond that will treat water from the north side of Valley View Road prior to runoff to Round Lake.The Watershed District will reimburse the City for that portion of the project when they have funds available. Funds for the expansion of the parking lot was to come from park dedication fees;therefore, staff would recommend that this relocation project be part of that same project and funded from the same source. Attachment Map of Community Center Baseball Field Area Av p. • s S • ' x Ogg� S r I AC i .,•. � �.,� � .xar� °k g ��€ ter" ��...`� � '�� -� Ff it5t, f 1 4s 'W 'VI Am a � � ° �'i -',�.�� s� _• �� "'^rya ,� 3 � v��x� ia�a.+,a ..&^ad � a -�•,�„Y" �x�"�`�"` S`�'""� xis. �� Y` '' to- � • � -= '. - .� � �� -`,tea. � s z Job Class Data Entry Verification List City of Eden Prairie Attn:Human Resources LGID: 3 Case: Pay Data 2005 Status: Job Class Nbr Nbr Class Jobs Min Mo. Max Mo. Yrs to Max Yrs of Exceptional Nbr Title Males Females Type Points Salary Salary Salary Service Service Pay 71 Human Resources Manager 0 1 F 6000 $6,218.25 $8,705.58 0 0 72 Police Captain 1 0 M 6000 $6,218.25 $8,705.58 0 0 73 Community Development Directc 0 1 F 7667 $6,966.00 $9,752.33 0 0 74 Fire Chief 1 0 M 7667 $6,966.00 $9,752.33 0 0 75 Parks&Recreation Director 1 0 M 8000 $7,339.75 $10,275.75 0 0 76 Public Works Director 1 0 M 8000 $7,339.75 $10,275.75 0 0 77 Police Chief 1 0 M 8000 $7,339.75 $10,275.75 0 0 78 City Manager 1 0 M 8333 $7,713.67 $10,799.06 0 0