HomeMy WebLinkAboutCity Council - 04/18/2006 AGENDA
CITY COUNIL WORKSHOP
OPEN FORUM/OPEN PODIUM
TUESDAY,APRIL 18, 2006 CITY CENTER
5:00—6:25 PM,HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip
Young
CITY STAFF:
City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works
Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Community Development
Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager
Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room H
I. EMERGENCY MANAGEMENT AND SECURITY ISSUES DEBRIEFING
(Closed session)
Council Chamber
II. OPEN FORUM
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,APRIL 18,2006 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert,Public
Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director
Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeny
I. ROLL CALL/CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. ARBOR DAY—MAY 6,2006
B. APRIL AS CHILD ABUSE PREVENTION MONTH
C. FRIENDSHIP VENTURES PROJECT
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL FORUM HELD TUESDAY,MARCH 21,2006
B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 21,2006
C. COUNCIL RETREAT HELD SATURDAY,JANUARY 21,2006
VII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. PRAIRIE ESTATES by T.H. Parker, Inc. Second reading of the Ordinance of
the Planned Unit Development District Review with waivers and Zoning District
Change from Rural to R1-13.5 on 6.47 acres. Location: South of 62°d St. W, west
of Country Road, and north of Claycross Way (Ordinance for PUD District
Review and Zoning District Change)
CITY COUNCIL AGENDA
April 18, 2006
Page 2
C. ADOPT RESOLUTION APPROVING FINAL PLAT FOR PRAIRIE
ESTATES
D. ADOPT RESOLUTION APPROVING FINAL PLAT FOR STONEGATE
OF EDEN PRAIRIE 3RDADDITION
E. ADOPT RESOLUTION APPROVING FINAL PLAT FOR DOYLE
ESTATES
F. ADOPT RESOLUTION APPROVING FINAL PLAT FOR HORIZON
PLACE
G. APPROVE CHANGE ORDER NO. 2 FOR TH212 AT PRAIRIE CENTER
DRIVE INTERSECTION IMPROVEMENT
H. AWARD CONTRACT FOR 2006 BITUMINOUS CRACK SEALING
I. ADOPT RESOLUTION TO RECEIVE PETITION FOR HILLTOP ROAD
J. RECEIVE FEASIBILITY REPORT AND ADOPT RESOLUTION
SETTING A PUBLIC HEARING FOR HILLTOP ROAD
IMPROVEMENTS
K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH S E H
FOR THE SURVEY AND FINAL DESIGN SERVICES OF THE HILLTOP
ROAD IMPROVEMENT PROJECT
L. APPROVE CHANGE ORDER NO. 1 FOR CONSTRUCTION OF WELL
NO. 15
M. APPROVE CHANGE ORDER NO. 1 FOR CONSTRUCTION OF WELL
HOUSE NO. 15
N. APPROVE PROPOSAL TO PROVIDE AQUATIC PLANT SURVEYS FOR
NORTHWEST AND SOUTHWEST ANDERSON LAKES
O. APPROVE PROPOSAL TO COMPLETE PHASE I OF THE
NONDEGRADATION REPORT BY WENCK& ASSOCIATES
P. APPROVE CHANGE ORDER NO. 2 FOR IMPROVEMENTS TO
MITCHELL ROAD & TECHNOLOGY DRIVE
Q. ADOPT RESOLUTION AUTHORIZING FRIENDSHIP VENTURES TO
PROCEED WITH CONSTRUCTION PROJECT AT EDEN WOOD
CENTER(GLEN LAKE CHILDREN'S CAMP)
R. ADOPT RESOLUTION CHANGING PRECINCT BOUNDARIES
CITY COUNCIL AGENDA
April 18, 2006
Page 3
S. APPROVE REVISION TO THE ARTS AND CULTURE COMMISSION
CHARTER STATEMENT
T. ACCEPT 2005 GENERAL FUND FINANCIAL RESULTS
U. AWARD BID FOR RECONSTRUCTION OF HOMEWARD HILLS ROAD
TRAIL TO NORTHWEST ASPHALT,INC.
V. AWARD BID FOR RECONSTRUCTION OF STARING LAKE PARK
TRAILS TO NORTHWEST ASPHALT,INC.
W. APPROVE REHABILITATION OF A BETTER CHANCE (ABC) SITE
WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
X. ADOPT RESOLUTION AMENDING FEE RESOLUTION NO.2006-134
RELATING TO RENTAL HOUSING LICENSURE FEES
Y. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS
Z. AWARD CONTRACTS FOR LAWN MAINTENANCE AT CITY HALL
AND FIRE STATION 1
AA. AWARD CONTRACTS FOR LAWN MAINTENANCE AT DEN ROAD,
FIRE STATIONS 2 & 3 AND BUILDING 51
BB. APPROVE JOINT POWERS AGREEMENT WITH THE STATE OF
MINNESOTA FOR TWO-FINGER IDENTIFICATION UNITS
VIII. PUBLIC HEARINGS/MEETINGS
A. ERS ESTATES by ERS Development. Request for: Preliminary Plat of 1.33
acres into two lots. Location: 12551 Beach Circle (Resolution for Preliminary
Plat)
B. VACATION OF PART OF THE DRAINAGE & UTILITY EASEMENT
OVER LOT 1, BLOCK 2,HARTFORD COMMONS 2 ADDITION
(Resolution)
C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 6,RELATING TO STREETS AND SIDEWALKS
IX. PAYMENT OF CLAIMS
X. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 9, RELATING TO RENTAL HOUSING
CITY COUNCIL AGENDA
April 18, 2006
Page 4
XI. PETITIONS,REQUESTS AND COMMUNICATIONS
XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIII. APPOINTMENTS
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. Strategic Community Partnership with Loudi,China—Next Steps
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Red Rock Hills Park and Red Rock Lake Trail System
2. Community Center Concept Plan
3. Edenvale Park Concept Plan
4. Forest Hills Park Concept Plan
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Renewal of Midwest Asphalt's Land Alteration Permit for 2006-2008
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ITEM NO.: IV.A.
PROCLAMATION
ARBOR DAY - MAY 69 2006
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day be set aside for the planting of trees; and
WHEREAS,this holiday, called Arbor Day,was first observed with the planting of more
than a million trees; and
WHEREAS,Arbor Day is now observed throughout the nation and the world; and
WHEREAS,trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs,moderate the temperature, clean the air,produce oxygen and provide
habitat for wildlife; and
WHEREAS,trees are a renewable resource giving us paper,wood for homes, fuel for
our fires and countless other wood products; and
WHEREAS,trees, whenever they are planted, are a source of joy and spiritual renewal;
and
WHEREAS,Eden Prairie has been recognized as a Tree City USA by the National
Arbor Day Foundation and desires to continue its tree planting ways.
NOW,THEREFORE, I,Nancy Tyra-Lukens,Mayor of the City of Eden Prairie,
Minnesota, do hereby proclaim May 6, 2006, as Arbor Day in the City of Eden Prairie, and urge
all citizens to support efforts to protect our trees and woodlands and to support our city's urban
forestry program; and
FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well
being of present and future generations.
ADOPTED by the Eden Prairie City Council on this 18t`day of April 2006.
Nancy Tyra-Lukens, Mayor
ITEM NO.: IV.B.
PROCLAMATION
Child Abuse Prevention Month
WHEREAS,all children need love,guidance and deserve to grow up in an environment free from
violence and physical harm. Positive,non-violent,peaceful forms of discipline teach children to think
beyond the immediate and give them a blueprint for future reference;and
WHEREAS,children are influenced by the model for behavior set by adults in their environment.
When adults resort to violence,children are likely to learn this behavior is acceptable and imitate is with
their peers;and
WHEREAS,positive,non-violent parenting promotes positive,peaceful relationships and respect
for others and their rights to safety;and
WHEREAS,childhood is a unique and critical stage of life. All children share the same basic
needs for safety,health,love and dignity. Peaceful,communicative parenting supports a child's
development;and
WHEREAS,current research shows that exposure to violence negatively impacts upon normal
brain development and learning for all children; and
WHEREAS,violent behavior learned in the home and school environment is reflected in the
behaviors of people throughout our communities,cities and societies at large. As a result of this violence,
children and families are hurting,education systems and learning has been hindered,and prisons are
overflowing with youth;
NOW,THEREFORE,BE IT RESOLVED,that the City of Eden Prairie City Council supports a
proclamation that encourages non-violent discipline in the effort to reduce violence towards all but
especially within the family and as directed towards children;and
BE IT FURTHER RESOLVED,that the City of Eden Prairie Departments and Agencies are
encouraged to implement and distribute positive,non-violent parenting literature within the community via
schools,churches,hospital and community organizations which will help parents award of education that
supports behavior management strategies as alternatives to corporal punishment;and
BE IT FURTHER RESOLVED,that the City of Eden Prairie City Council hereby proclaims
April as Child Abuse Prevention Month and calls upon all residents,community agencies,religious
organizations,medical practitioners and businesses to increase their participation in efforts to promote
violence-free families,thereby strengthening the communities in which we live.
ADOPTED by the City Council of the City of Eden Prairie on the 18th day of April,2006.
Nancy Tyra-Lukens,Mayor
ITEM NO.: V.A
UNAPPROVED MINUTES
OPEN FORUM/OPEN PODIUM
TUESDAY,MARCH 21,2006 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry
Butcher, Ron Case, and Philip Young
CITY STAFF: City Manager Scott Neal, Parks&Recreation Director Bob Lambert,
Public Works Director Eugene Dietz, City Planner Michael Franzen, Community
Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder
Deb Sweeny
I. OPEN FORUM
A. TOM BRIANT—EDEN PRAIRIE TAXPAYERS ASSOCIATION
Tom Briant, of 15560 Boulder Pointe Road, addressed the Council on
behalf of the Eden Prairie Taxpayers Association. He commented on the
unapproved minutes from the Council budget retreat and advocated for
citizen involvement in the budget process. Councilmember Butcher
inquired whether the EPTA is a political committee and whether Briant is
serving as a lobbyist for them. Briant noted he is a registered lobbyist but
is not working for the EPTA in that capacity.He said he is an unpaid
volunteer and adheres to state restrictions on the time he can spend
addressing the Council or meeting with individual members.
II. OPEN PODIUM
III. ADJOURNMENT
ITEM NO.: V.B.
UNAPPROVED MINUTES
EDEN PRAMIE CITY COUNCIL MEETING
TUESDAY,MARCH 21,2006 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young
CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert,Public
Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director
Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeny
I. ROLL CALL/CALL THE MEETING TO ORDER
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 Consent Calendar Items VI.O-R awarding bids for playground equipment.
All plans have been through the normal Parks and Recreation process, including public
input and neighborhood meetings. Neal added Consent Calendar Item VI.S. to execute
the Transfer of Grant Funds Agreement for CDBG. Rosow explained that due to
processing delays and fund activity, amount of the transfer had changed significantly
since approval. The current amount is $922,487.18. Approval will cover that amount"or
such amount that remains unimplemented at the time of transfer." Tyra-Lukens added an
item on the National League of Cities conference to Reports of Councilmembers.
MOTION: Young moved, seconded by Aho, to approve the agenda as published and
amended. Motion carried 5-0.
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,MARCH 8,2006
MOTION: Aho moved, seconded by Young,to approve the Council Workshop
minutes as published. Motion carried 4-0 with Case abstaining.
B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 8,2006
MOTION: Case moved, seconded by Butcher,to approve the City Council
minutes as published. Motion carried 5-0.
City ouncil Minutes
Marc 121,2006
Page
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. HORIZON PLACE by Commercial Horizons, Inc. Second Reading of the
Ordinance for Planned Unit Development District Review on 5.87 acres and
Zoning District Change from Rural to Commercial Regional Service on 1.74
acres.Location: Birdies Re-development. (Ordinance No. 8-2006 for PUD-6-
2006 District Review and Zoning District Change;Resolution No.2006-40
for Site Plan Review).
C. LONE OAK CENTER by Dove Capital III, LLC. Second Reading of the
Ordinance for Planned Unit Development District Review with waivers on 5.27
acres and Zoning District Change from Commercial Regional Service to
Community Commercial on 5.27 acres. Location: Northwest Corner of Lone Oak
& Mitchell Rd (Ordinance No. 9-2006 for PUD-7-2006 District Review with
waivers and Zoning District Change; Resolution No. 2006-41 for Site Plan
Review).
D. AWARD BID FOR UPDATING COUNCIL CHAMBERS AND CONTROL
ROOM TO AVI
E. AWARD CONTRACT FOR 2006 STREET SWEEPING TO RELIAKOR
SERVICES, INC.,I.C. 06-5668
F. ADOPT RESOLUTION NO. 2006-42 AUTHORIZING ROADSIDE
LANDSCAPING ON TH 5 IN ASSOCIATION WITH TERREY PINE
HOMEOWNERS ASSOCIATION
G. APPROVE CHANGE ORDER NO. 1 FOR TH 212/CHARLSON ROAD
IMPROVEMENT PROJECT,I.C.05-5638
H. APPROVE ENVIRONMENTAL LEARNING CENTER EXHIBIT AND
MULTIMEDIA KIOSK DEVELOPMENT PROPOSAL FROM HAMLINE
UNIVERSITY'S CENTER FOR GLOBAL ENVIRONMENTAL
EDUCATION
I. AWARD BID FOR THE ICE RESURFACER FOR COMMUNITY
CENTER TO FRANK J. ZAMBONI& CO., INC.
J. AWARD BASE BID 1 &3 FOR 2006 ICE SYSTEM REPAIRS AND
IMPROVEMENTS TO GARTNER REFRIGERATION& MFG.
K. AWARD CONTRACT FOR TAMARACK TRAIL RECONSTRUCTION
TO CURB MASTERS INC.
City Council Minutes
March 21,2006
Page 3
L. AWARD STRUCTURAL REPAIRS AND MODIFICATIONS CONTRACT
AND INTERIOR SPOT ABRASIVE BLAST AND COATING CONTRACT
TO GENERAL CONSTRUCTION SERVICES,INC.
M. APPROVE 2006 AUCTION OF SURPLUS VEHICLES
N. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND
EQUIPMENT
O. AWARD CONTRACT FOR$20,000 OF PLAYGROUND EQUIPMENT AT
STERLING FIELD PARK TO WEBBER RECREATION DESIGN,INC.
P. AWARD CONTRACT FOR$20,000 OF PLAYGROUND EQUIPMENT AT
TOPVIEW PARK TO ST. CROIX RECREATION
Q. AWARD CONTRACT FOR$20,000 OF PLAYGROUND EQUIPMENT AT
EDGEWOOD PARK TO CLEARWATER RECREATION,LLC
R. AWARD CONTRACT FOR 40,000 OF PLAYGROUND EQUIPMENT AT
EDENVALE PARK TO MIDWEST PLAYSCAPES,INC.
S. EXECUTE THE TRANSFER OF FUNDS AGREEMENT FROM
HENNEPIN COUNTY CDBG LETTER OF CREDIT TO THE CITY OF
EDEN PRAIRIE CDBG LETTER OF CREDIT
MOTION: Butcher moved, seconded by Case, to approve Items A-S 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. RESOLUTION NO.2006-43 AUTHORIZING A STUDY TO IDENTIFY
INCONSISTENCIES BETWEEN THE COMPREHENSIVE GUIDE PLAN
AND THE ZONING CODE
Neal said Staff is advocating for the Council to consider is the declaration of a
temporary moratorium on the development of land designated as"quasi-public"in
the City's comprehensive guide plan. The moratorium would allow City staff to
conduct a study of such land (golf courses)within the City to make sure its zoning
designations and guide plan designations are properly aligned.
City Council Minutes
March 21, 2006
Page 4
Rosow explained state statue allows the City to adopt an interim ordinance to
study guide plan issues in an orderly fashion. There is some dissonance between
the guide plan and the zoning for the City's golf courses. The Glen Lake course
is public/quasi-public in the guide plan and also zoned public. The other three
courses(Olympic Hills,Bent Creek, and Bearpath)are listed as public/quasi-
public in the guide plan,but zoned rural. The rural zoning designation does
permit single-family development on 10-acre lots (or 5-acre lots if established
before 1982). Generally,the guide plan designation trumps the zoning code.
Since there is no separate district for"quasi-public,"however,the allowable uses
may not be clear. Rather than trying to resolve this dissonance on an ad hoc basis
after applications are brought, Staff recommends being proactive and correcting
the dissonance now. This will ensure there is no doubt about allowable uses.
Rosow emphasized this is a Staff recommendation and Staff have no
preconceptions about how the dissonance should be resolved. The Council could
change the guide plan, change the zoning, or even add a district. Looking at all
the golf courses makes sense to do now. Other dissonances that may come to
light during the Comprehensive Guide Plan review could be addressed at that
g g P
time.
Young said aligning the guide plan and the zoning makes sense. He questioned
the need for a moratorium. In the Mendota Heights case,the court found the
guide plan governed. Thus the current public/quasi-public guide plan designation
would prevent residential development even though the courses are zoned rural.
Rosow agreed but noted the court also required Mendota Heights to align its
guide plan and its zoning. Young expressed concerns the moratorium could
create an appearance of pre judging development and expose the City to a legal
challenge. If the guide plan designation is primary,the City is already in a good
legal position. Rosow said the problem is there is no"quasi-public"district
currently, so it is unclear what is allowable. It could be problematic to rely on the
quasi-public guide plan designation without corresponding zoning.
Young asked for a description of the study process—perhaps it could be
completed quickly and eliminate the need for a moratorium. Rosow said it would
be a staff-driven process led by Jeremiah. Staff would present recommendations
for resolving the dissonance. Young asked how long it would take. Jeremiah said
she was working on getting an intern to help with the project and hoped to make a
recommendation in six months. It would then take another two to three months to
make the changes. Rosow said the process after the recommendation was brought
to Council would include a public hearing at Planning Commission and a public
hearing before the Council. Neal said the City would go through the identical
process as any private entity requesting a zoning change.
Case said he deferred to Staff s recommendation regarding the moratorium. Tyra-
Lukens supported the moratorium also. It may seem drastic but the City has little
open land left. Council would not be good stewards by rushing through the
process. Young asked if beginning with a shorter moratorium and extending it if
City Council Minutes
March 21, 2006
Page 5
necessary might be an option. Rosow said there is an extension process to go
beyond 12 months, but that requires a public hearing. It's unclear whether a
public hearing would be needed to extend a moratorium from, say, six to nine
months.
MOTION: Butcher moved, seconded by Young,to adopt Resolution No. 2006-
43 authorizing a study to identify inconsistencies between the City's
Comprehensive Guide Plan and the City's Zoning Code as to the use
authorizations and designations of certain properties within the City of Eden
Prairie and to propose measures to cure any such inconsistencies. Motion
carried 5-0.
B. FIRST READING OF AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING DEVELOPMENT IN AREAS DESIGNATED AS
PUBLIC/OUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE
Aho said he would prefer a nine-month moratorium to avoid imposing on
property owners. Case said there is no compelling reason to change the timeline
except that 12 months seems too long. It is better to preserve flexibility. Young
said he would support the motion,but noted his reservations. It is a serious matter
to limit a property owner's ability to do something with his property. Tyra-
Lukens agreed but noted many citizens are interested in this issue. There needs to
be time for consideration and public input. Neal said Staff does not recommend
the moratorium lightly. There has been one similar instance,but only one. He
pledged to complete the study as quickly as possible.
MOTION: Case moved, seconded by Young,to approve first reading of an interim
ordinance temporarily prohibiting any new use,permit, conditional use permit,
variance, subdivision, or development in areas designated in the comprehensive
guide plan as public/quasi-public which are used as a golf course,with section
VII.A. corrected to allow building permits for exterior as well as interior work on
existing buildings. Motion carried 5-0.
C. SECOND READING OF INTERIM ORDINANCE NO. 10-2006
TEMPORARILY PROHIBITING DEVELOPMENT IN AREAS
DESIGNATED AS PUBLIC/QUASI-PUBLIC WHICH ARE USED AS A
GOLF COURSE AND RESOLUTION NO.2006-44 APPROVING
SUMMARY ORDINANCE
Tyra-Lukens noted having the second reading tonight allows the study to proceed
without waiting a month till the next Council meeting.
MOTION: Butcher moved, seconded by Aho,to approve the second reading of
Interim Ordinance No. 10-2006 temporarily prohibiting any new use,permit,
conditional use permit, variance, subdivision, or development in areas designated
in the comprehensive guide plan as public/quasi-public which are used as a golf
I
City Council Minutes
March 21,2006
Page'i6
course; and adopt Resolution No. 2006-44 approving the summary ordinance.
Motion carried 5-0.
X. PETITIONS,REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIL APPOINTMENTS
XHL' REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Eminent Domain Reform—Councilmember Young
Young noted the Legislature is considering bills that might affect the
City's ability for eminent domain and taking of land. Many issues are
being considered, for example,whether blight can be a factor,whether
small businesses should be compensated for lost income if relocated, and
whether property owners' legal costs should be reimbursed if they
successfully fight a lowball offer. He proposed having a discussion about
it to see if the Council might want to weigh in. Tyra-Lukens agreed the
bills are moving quickly and it would be good to have this discussion.
2. National League of Cities—Mayor Tyra-Lukens
Tyra-Lukens said the big issues at this year's NLC conference were
immigration reform and CDBG funding. The news on both for cities was
disheartening. Immigration reform proposals may put responsibility for
immigration enforcement on cities without any additional funding. An
additional $1 billion in CDBG funding is also proposed, which would put
funding below 1990 levels. Neal said federal immigration decisions affect
cities in other ways as well when they have bear costs for adjudication,
care and lodging. Butcher said she had worked on the democratic
governance committee at the NLC. The committee will develop case
studies and ongoing research to help strengthen local government.
B. REPORT OF CITY MANAGER
1. City Manager Annual Performance Review
Neal recommended again using PDI to conduct the review and Council
assented.
2. NLC Conference
City Council Minutes
March 21, 2006
Page III
Neal said he had learned over the years to make private appointments with
legislators in order to highlight the City's concerns. He met with staff for
2nd district representative John Klein, 3rd district representative Jim
Ramstad, and Senator Norm Coleman. Issues discussed included
responsibility for environmental conditions among the WAFTA cities,the
City's issue with the U.S.Fish and Wildlife Service over trail access,the
MAC issue, and the 1-494 and Highway 169 interchange. Ramstad's
office committed to helping with the trail issue. Neal said he would
conduct additional follow-up.
3. Future Budget Preparation Process
Neal noted he and Kotchevar had presented their recommendation
regarding the process for finalizing the proposed 2007 City budget and
preparing the 2008-2009 City budgets at the City Council's March 7
Workshop,. The discussion of the 2007 budget focused on the current
2007 draft budget,which was tentatively approved by the City Council
during the approval process for the 2006-2007 budget preparation process
in 2005. The discussion of the 2008-2009 budget process focused on a
flow chart presented by Ms.Kotchevar that outlined a process that
integrates public, staff and Council input and feedback in an orderly
process that would begin, if authorized, later this year. The added steps
would gather public input at the earliest stages of the process.
MOTION: Case moved, seconded by Aho,to direct staff to plan and
implement a budget preparation process for 2007 and 2008-2009 pursuant
to the flow chart and process as discussed at the Council's March 7
Workshop. Motion carried 5-0.
4. Award Bank Services (Resolution No.2006-45)
Neal said he was responding to a Council directive to look at the City's
banking services. An RFP was issued and Staff is recommending the City
switch banks. Kotchever said the City sent the RFP to ten banks with
branches in Eden Prairie, of which eight attended a mandatory information
meeting and five submitted proposals. Subsequent questions and answers
from the banks were also copied to all the banks to ensure fairness of the
process. Kotchever said U.S. Bank provides all the needed services with
no fees and the best interest rate. The availability of Check 21 services
(which would allow the City to transmit deposits electronically instead of
running checks to the bank)and a lock box are other appealing amenities.
U.S. Bank received good references from several local cities. The new
deal will save the City about$5,000 - $10,000 annually.
MOTION: Aho moved, seconded by Young,to award banking services to
US Bank National Association; and adopt Resolution No.2006-45 designating
City ouncil Minutes
Marc 21,2006
Page 8
US Bank National Association as the Official Depository for the Public Funds
of the City of Eden Prairie. Motion carried 5-0.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Round Lake Improvement Proiects,I.C. 02-5581
Dietz presented results from the consultant proposal requested by the City
Council to review treatment alternatives for Round Lake. The proposal
from Blue Water Science reviews the history of the lake,presents new
data on its condition gathered in summer 2005, and provides a list of
suggested projects.
The history of Round Lake is varied,with some positives and some
negatives. As a 32-acre lake with 144 acres of drainage, it has a more than
adequate drainage ratio(14:1,with 10 one being adequate.) The shoreline
is 60%natural and 40%public/quasi-public. It is shallow at an average
depth of 14 feet. Secchi disk ratings starting in 1972 show varying water
clarity, ranging from a high of 16.5 feet in 1972 to an alarming low of 3.3
feet in 1991. Fecal coliform bacteria caused by goose droppings have also
been an issue. Goose removal was begun in 2001.However,the beach
was closed due to unsafe fecal coliform levels in 2004.
In 1999,the Watershed District studied the lake and proposed a treatment
plan totaling $900,000,with an annual maintenance cost of$25,000. The
centerpiece of the plan was an alum treatment plant to sequester and settle
out phosphorous,reducing algae growth and increasing the clarity of the
lake. The City opted not to install the alum plant but has done some of the
other recommendations, including stormwater ponds. More pond work is
scheduled through 2008.
At a cost of$14,000, Blue Water Science conducted testing and evaluation
of Round Lake and produced a treatment plan. The results were better
than anticipated. The Secchi disk rating was 6.0 feet,with phosphates in
the lake at 34 ppb. 40 ppb is a reasonable level to prevent excess algae
growth. All measurements were within parameters for the lake's
ecoregion. Therefore,the study concludes an alum plant is not needed.
The abundance of emergent plants (for example,water lilies) in the lake is
probably a major contributor to drawing down phosphate levels. Blue
Water Science recommends taking water quality samples twice yearly,
conducting a fish survey of the pond areas(the DNR plans a fish study of
the main lake), and doing an aquatic plant survey as both fish populations
and plant populations affect the quantity of phosphorous. In addition,the
City Council Minutes
March 21, 2006
Page 9
study recommends using barely straw to sequester phosphorous in the
pond areas, and to further evaluate and try new methods to combat the
goose problem. The cost of this treatment plan would be $17,000. The
full report is available on the City website.
Tyra-Lukens asked if the barley straw would go in the new ponds. Dietz
said it would go in the existing ponds. The barley straw sinks to the
bottom. During the decomposition process, bacteria use phosphorous,
thereby removing it from the pond. Tyra-Lukens contrasted this
ecological process with the chemical approach of the alum plant. Dietz
said that for the cost,the treatment plan is well worth trying. It is less
even than the annual operating cost for an alum plant. Tyra-Lukens asked
if the data meant the lake is already swimmable. Dietz said the needed
water clarity is somewhat a matter of opinion. The key issue,however, is
not clarity but fecal coliform. Aho asked if fecal coliform levels were low
enough to reopen the beach this year. Dietz noted there are no lifeguards
budgeted for this year. There was still a short spike in August last year for
fecal coliform. Dietz said the City has a credibility problem over the
beach and should make sure the beach can stay online for a while before
reopening it. The best chance of success is to work on the geese. Aho
asked if barley straw could be put in the lake as well as the ponds. Dietz
explained phosphate levels in the lake are just 34 ppb,whereas pond levels
are 300 ppb. Controlling phosphate in the ponds offers bang for the buck
and will go a long way toward controlling phosphate in the main lake.
MOTION: Aho moved, seconded by Case,to approve the proposal by
Blue Water Science to provide Round Lake Improvement Projects in the
P P
amount of$16,960. Motion carried 5-0.
2. Professional Services Agreement for Infiltration/Inflow Study and
Report of the Sanitary Sewer System
Dietz says there is some confusion throughout the metro area regarding
new policies on infiltration/inflow.The key issue is that too much clear
water is going into the sanitary sewer system instead of storm sewers. In
the past, Metropolitan Council Environmental Services(MCES)has
responded by building bigger plants and just treating the rainwater. Now,
MCES has developed a hefty surcharge for communities identified with
excessive amounts of LI to encourage cities to remove it from their
system. Of the 58 cities served, 51 have excess III, and Eden Prairie is one
of them. The surcharge for Eden Prairie is $276,500. To put that in
perspective, Eden Prairie pays about$2.4 to $2.7 million annually for
treatment of its sanitary sewers.
The proposed study by SEH, Inc. (cost$223,000)will monitor the flows
in our sewer system in the northern half of the City and develop a strategy
to reduce excess IA. The study cost is driven by the complexity of the
City Council Minutes
March 21, 2006
Page 10
sewer system and the need for multiple flow meters. Since the surcharge
is so high, it pays to do the study. Dietz cautioned the remediation process
is likely to become intrusive, requiring the City to inspect sump pumps in
individual homes and require their correction if they drain into the sanitary
sewer. The study would provide the necessary foundation for taking such
actions, if needed.
Tyra-Lukens noted the study cost is less than even one year of the
surcharge. Dietz agreed and noted the MCES would probably be
amenable to having the City spend its surcharge on corrective action rather
then simply paying a fee. Tyra-Lukens asked the study length. Dietz said
flow would be monitored from April to October to capture rainfall events.
The northwest corner of the City is likely to be the culprit, since there a
high groundwater and many sump pumps run continuously there. Tyra-
Lukens asked if there is a mandate to reduce excess I/I below a certain
level. Dietz said there is a target number,which is not mandated but does
trigger a fee if exceeded. The lack of sanitary sewer treatment capacity
will limit growth if clear water is not addressed. MCES is assessing$19
million in surcharges, but the cost of a new plant is $190 million. Without
a resolution of the situation there could be a moratorium on development.
Aho asked how the City's fee was determined. Dietz said meters on the
borders of each town measure the volume in and volume out. The
difference is the City's contribution to the flow. It is a rough estimate but
probably correct. Aho asked if the major source of clear water is sump
pumps. Dietz said yes. There can be leaks in the sewer lines, but almost
all of Eden Prairie's pipes are plastic and unlikely to leak. Some
communities also have issues with footing drains but that is also unlikely
since development in Eden Prairie is relatively recent. Some of the inflow
may be attributable to MCES' system. It is a gravity flow system that
follows creek beds and some manholes may be flooding in the spring.
Aho asked if the City could just use the MCES flow meter data to save
costs. Dietz said this data is insufficient to target where excess flow is
coming from. The study was restricted to the northern half of the City to
reduce costs. Soil conditions in the southwest corner are sandy, so homes
are unlikely to have sump pumps. Neal said he had been through this
process in another City. It's important to be precise in pinpointing the
flow sources because the process does become invasive for homeowners.
Tyra-Lukens asked which budget funds would come form. Dietz said
study would be paid by the utility enterprise fund and is not a general fund
tax issue.
MOTION: Case moved, seconded by Butcher,to approve Professional
Services Agreement with Short,Elliott,Hendrickson, Inc. (S E H)to prepare an
Infiltration/Inflow(1/1) study and report of the sanitary sewer system for an
estimated fee of$223,000. Motion carried 5-0.
City Council Minutes
March 21,2006
Page 11
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
1. Award Contract for Construction of Fire Station 4
Esbensen noted bids taken in October 2005 for the construction of Fire
Station#4 had been too high. Analysis indicated the excess costs were
due to winter construction,the uncertainties of material costs as a result of
Hurricanes Katrina and Rita, a natural gas spike, and over-engineering of
soil mitigation and pavement sections for the parking and apron areas.
In the months following the October bid opening, staff focused attention
on these areas and made some design changes. These efforts, along with a
more competitive market and an increased number of bidders, reduced
cost by $408,000. The low bidder comes highly recommended by other
municipalities. Aho and Butcher praised the department for its cost-
saving measures.
MOTION: Aho moved, seconded by Butcher,to award contract for
General Contractor for construction of Fire Station#4 to CM Construction.
Motion carried 5-0.
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
MOTION: Case moved, seconded by Butcher,to adjourn the meeting. Motion carried
5-0. The meeting adjourned at 8:41 p.m.
ITEM NO.: V. C.
Summary Notes
City Council Retreat
Saturday,January 21,2006 Board Room
8:00 a.m.to 11:00 a.m. Bearpath Country Club
Neal said one of the main questions for discussion is the Council's expectations of the budget
process this year. Neal said last year staff began the process in April with the first budget
workshop. Another question for this year is whether or not there should be a public input
portion. If so,when and how should that be undertaken? Neal said there is a philosophical
decision to be made about whether or not the process should be inductive or deductive. Do you
start with a number or do you arrive at the number based on services required?
Lambert said either you have to cut back on services or have a levy or budget that is higher than
the 3 to 4 percent that Council asked for from staff. He said buying down the levy using
unreserved funds was a mistake, because Council will have to make up for that this year. Dietz
said his department budgets "on average."If they run over budget on an item during the year,
they make it up from somewhere else in the budget. He said staff needs to know which services
Council considers important and which ones they consider less critical.
Butcher noted that any time a task force is created, it ultimately comes to Council with
recommendations that carry with them the expectation of action, and consequently budget,to
implement their suggestions. She thinks it is important to let task forces know that what will be
done is based in part on budget considerations. She does not think it is a good idea to set a
number and say the budget will not go over that.
Case said Aho and Young are new and came with new ideas for budget this year,but because the
process was politicized, Council did not take advantage of those new ideas. Case felt lines were
drawn in the sand. He said he does not feel the more experienced Councilmembers did that
when they came onto Council.
Aho said the budget was not running at the rate of inflation and other factors involved. Butcher
said she feels the three percent number was a mandate, and that was what Mayor Tyra-Lukens
and Butcher said they were hearing from people.
Young said it is not fair to look back on the process and criticize it. He thinks the biggest
problem was that not enough people pay attention to what is going on. He said his issue is with
the process. There is not enough time to examine the proposed budget and get information on it
before being asked to approve it. Young said the budget task force was his suggestion. He
believes there should be a check against internal policies. He said that is how it is done in the
private sector. Tyra-Lukens said she does not see how you can get citizens involved and not
have it be a politic process. She would feel better if a consultant came in to do it. Young said
how the check is done is a separate discussion.
Council Retreat Summary Notes
January 21,2006—Page 2
Lambert said there is a line item budget for 2007 now. He asked if Council isn't competent to
make decisions on the budget,who is competent to do it? Lambert said Council makes decisions
about level of service. Young said this would require much more education on the process. He
said the budget is just a number to Council. Case said he has a problem with the level of service
discussion Council would be involved in. Citizens let Council know over time whether or not
service levels are adequate. You can tell this by being re-elected and passing referendums. He
said Council does not know how many times the grass should be mowed.
Aho said the budget is more than level of service; for instance, how much did the City pay
consulting firms last year? Tyra-Lukens said in some instances,using consultants can be
cheaper than hiring staff. Lambert said Council approves consultant contracts to do things staff
cannot do itself. Aho said there are things that will not affect level of service that Council can
look at. Sherry said Councilmembers are the policy makers. Tyra-Lukens said it comes down
to a matter of trust in the staff.
Lambert said he would be glad to have his staff go down the line item budget and explain any
item Council wants to look at. Neal said if this is what Councils wants to do, he is willing to do
it. Tyra-Lukens and Butcher said they are not interested in doing that.
Young said when you bring in a consultant to look at processes, it is not because of a lack of
trust in staff, it is to see how processes can be improved. Lambert said an outside person does
not have the background on the decision making process and politics, etc.,that went into
deciding to have certain services. Aho said policy does not always drive the budget. Jeremiah
pointed out that the"big ticket"items in her budget are all public-process driven, such as service
at counters, etc. The comp plan update requires a lot of public process. She said about 80
percent is public process. Staff could complete the update in-house, but it would be a staff-
driven document. Aho said he never heard that during the budget process.
Aho said he needs to get at the relationship between policy at the Council level and the cost
drivers. Dietz said if Aho spends some time with staff, he believes he will be able to get that
understanding. Dietz said how a policy is developed involves a narrative,not just a number.
Carlson said this is his first budget, and he wants to speak to the process. During the prosecution
issue,he saw there was a different level of need for information. He said the prosecution
discussion began with Young three years ago. Carlson said he felt negligent during the Council
meeting at which the original prosecution issue was decided. He said he felt he had not provided
enough information to the people who needed it. He said his question is how does he get the
information to the right people and make sure it is not being politicized? He would like to have a
way to educate Council on the issues that are important or that they have questions about, but he
does not always know which items Council needs to be educated on.
Aho said a budget task force would serve two purposes. Citizen involvement would allow
Council to gain understanding and become comfortable with the implementation of the policies.
Lambert asked why it wouldn't be the Councilmembers that constitutes that group. Aho said a
task force would be multi-dimensional and include experts in different areas. Butcher said
citizens are never at the level of understanding to be able to assess the budget. She said the
Council Retreat Summary Notes
January 21, 2006—Page 3
Taxpayers Alliance had tiny pieces of information from which they were extrapolating
inferences. Butcher said Council gets citizen input all the time. There are processes in place to
capture input into the budget. Butcher said she is"totally opposed to a budget task force."
Tyra-Lukens said she does not think they necessarily need a budget task force to be able to
examine items that might be reduced. Aho said he doesn't necessarily need to have task force to
do that, but he feels he keeps hearing reasons why it can't be done.
Neal said he thinks Aho is hearing staff say we can't do anything about productivity,but that is
not really the case. Increases in productivity are often reflected in a decrease in the slope of an
increase of cost, rather than an absolute decrease in expenses. For example, staff is keeping the
headcount steady even though the size of the community is growing.That doesn't show up
cleanly in the budget. Dietz suggested looking at the increase in the budget each year, and
examining each part of the organization to see if there are different ways of doing things.
Jeremiah said it was difficult from a management and staff perspective to have two of her staff
members not know if their positions would survive the budget process. Butcher and Jeremiah
both said they feel the position discussions should have been policy-based and should have come
earlier in the process.
Case said he likes Dietz's idea of looking at impacts on the budget and studying them in-depth
for three or four months. He said even if it comes down to a 3-2 vote,you move on to the next
issue. Butcher said it should not be done by position,but by policy or function. Dietz said he is
far more concerned about a citizen task force than he is about bringing in a consultant to study
the budget Young said he believes those with an outside perspective can identify issues for
discussion. Butcher said she doesn't understand what Young wants. Young said options for the
budget should be discussed, and it should be done at the public level. He said Council needs to
ensure service delivery is at its most effective. Tyra-Lukens said that is the City Manager's job.
Lambert said staff is challenged to justify their budgets each year.
Young reiterated that when a budget is presented,he wants to see options,not just one scenario.
Lambert said lowering the budget would necessarily involve presenting options on what services
to cut,not providing the same services but doing it only half-way. Young said Council rarely
has a policy discussion in the context of what it means to the budget. There should also be the
ability to question the budget to see if there is anything that can be done to get the numbers
lower. Aho said the level of quality of service is qualitative, and might be able to be provided at
a lower cost.
Butcher said she and Aho have completely different perspectives. She feels Aho comes from the
perspective of automatically wanting to cut the budget and Butcher feels that things are pretty
good and our budget is based on continuing to provide the current level of service.
Aho said he supported the use of the BSF into the operating budget in 2006 and he understands
the how the use of these reserves will factor into the 2007 budget.
Council Retreat Summary Notes
January 21,2006—Page 4
Neal posed the question of whether Councilmembers prefer council to be structured like a board
of directors in a private corporation or as members of a mini-State Legislature? Case said
Council is majority-rule organization,but with consideration of the minority opinion. Neal said
it is important for the ship to go forward. Tyra-Lukens said three of the Councilmembers
compromised last year by agreeing to use the unreserved funds, but that Young and Aho did not
compromise. Aho said he feels he and Young were trying to compromise, and that Tyra-Lukens'
statement is unfair.Aho said even though the budget came down a little bit,they did not get to
the process and the policy;therefore,he did not vote for the budget. Tyra-Lukens said then you
vote against the policy and process, and not the budget.
Aho said he wants to focus on how to do better with the process this year. Neal said he wants to
address Young's desire for more options in the budget. Neal said last year staff gave Neal
feedback that they thought they were providing too many options, i.e.,the scenarios he presented
halfway through the process.Neal said in the past he has directed staff to submit a budget that
provides for the same service level. If staff proposes any new services,they must lay out how
much they will cost and justify them. Aho said that would be helpful. Young said he would like
to see a budget that shows what it costs to maintain service levels,then staff could offer a palette
of what it would take to get to a lower cost. Dietz said in order to do that staff needs to know
what Council values. Young said part of the problem is timing. He said Council does not get
enough time to examine the budget and determine how policies drive the budget. Butcher
suggested that Young spend some time with staff to understand the connection between policy
and budget.Young said if he is the only one that needs to do that, any suggestion he has will not
be accepted.
Case said if the majority of Councilmembers coming out of the meeting today is comfortable
with the process followed in the past, it may not be appropriate for two Councilmembers take up
a lot of time questioning the budget. Case said he would like to see a list from Lambert of five or
six programs that are problematic. Case said if Young is looking to change the three other
Councilmembers,then he is under a delusion. Young replied that maybe it was time to go home.
Tyra-Lukens said perhaps Council should be looking at policies now. She asked if each Director
could identify several policies that drive their budgets. Neal said staff will formulate a list of 10
factors that drive the budget. Dietz said it will have to be in narrative form, since there is history
behind many of these policies. Deitz said staff needs direction on what policies the
Councilmembers want to evaluate. He said staff can identify the drivers of the increases from
one year to the next fairly easily.
Tyra-Lukens said when the budget is coming in at the low end of average and under growth and
inflation, it doesn't make sense to change how it has been done in the past. She feels they are
going to come in with a budget similar to last year's budget.
Case suggested each Councilmember come up with two or three areas they want to explore in
further depth. Lambert said staff can explain any items Councilmembers question now, rather
than in June.And staff can explain why we are doing certain things if Council has specific
questions about services. Staff is here to serve Council,but staff needs to know what they want.
He said it really needs to be responses to Council rather than to a group of citizens.
Council Retreat Summary Notes
January 21, 2006—Page S
Neal said he could put together list of cost drivers,but not necessarily at the Department level.
He noted that things like fuel costs factor into the budget in a big way. Neal said Dispatch is a
service that staff has done a lot of due diligence on that could be explained very well to Council.
He said the Parks Division has methods of evaluating programs and determining which ones to
cull or keep. Neal noted the March 8 Workshop will be the earliest the City has started the
budget process, and it probably cannot reasonably be started any earlier.
Aho said one issue is the third sheet of ice,which is really wanted in the community, and how to
pay for it. He asked if Council could look at some programs that are not as effective to drop to
get another sheet of ice.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Christy Weigel, Police/ Clerk's License Application List VII.A.
Community Investigations
Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Gambling
Organization: EP Lions Club
Event: Schooner Days
Place: Round Lake Park
Date: June 2-4, 2006
Raffle
Organization: Scleroderma Foundation
Place: Staring Lake Park
Date: June 4, 2006
Organization: Hennepin Technical College
Foundation
Place: Hennepin Technical College
Date: October 14, 2006
2006 Renewal Licenses
Solid Waste Collector
Atomic Waste
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning prairie Estates VII. B.
Janet Jeremiah
Scott Kipp
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Change from Rural to R1-13.5 on 6.47 acres; and
• Approve the Development Agreement for Prairie Estates; and
• Approve and Authorize Issuance of a Grading Permit for Prairie Estates, subject to
release by the City Engineer upon determination that the final contract documents
conform to plans stamp dated June 24, 2005, as approved by the City Council.
Synopsis
This is a 10 lot single family development.
Background Information
The City Council approved the lst Reading for this project on July 5, 2005.
Attachments
1. Ordinance for PUD District Review and Zoning District Change
2. Summary Ordinance
3. Development Agreement dated April 18, 2006
PRAIRIE ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 13-2006-PUD-10-2006
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter,the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District
13-2006-PUD-10-2006 (hereinafter "PUD-10-2006-R 1-13.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of April 18, 2006, entered into between Prairie Estates of Eden
Prairie,LLC, a Minnesota Limited Liability Company,and the City of Eden Prairie, (hereinafter
"Development Agreement"). The Development Agreement contains the terms and conditions of
PUD-10-2006-R1-13.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-10-2006-R1-13.5 is not in conflict with the goals of the Comprehensive
g p
Guide Plan of the City.
B. PUD-10-2006-R1-13.5 is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-10-2006-R1-13.5 are justified by the design of
the development described therein.
D. PUD-10-2006-R1-13.5 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-10-2006-13.5 and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99 entitled
"Violation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
5th day of July, 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 18th day of April,
2006.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on
EXHIBIT A
PRAIRIE ESTATES
Legal Description
PARCEL 1
The East 110 feet of the West 281 feet of the North 300 feet of the Northeast %4 of the Northwest
1/4 of Section 5,Township 116, Range 22, Hennepin County, Minnesota.
PARCEL 2
The West 300 feet of the East 521 feet of the following described property:
All that part of the Northeast '/4 of the Northwest '/4 of Section 5, Township 116, Range 22
described as follows:
Commencing at a point in the North line of said Northeast '/4 of said Northwest 1/4,which is 538
feet West of the Northeast corner thereof; thence West along said North line 803 feet,more or
less,to the Northwest corner of the Northeast 1/4;thence South along the West line of said
Northeast 1/4 763.3 feet;thence East 803 feet to a point which is 789.2 feet North of the South
line of said Northeast 1/4;thence North 821.5 feet to the point to beginning, according to the
United States Government Survey thereof and situate in Hennepin County, Minnesota.
PRAIRIE ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 13-2006-PUD-10-2006
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,ORDAINS:
Summary: This ordinance allows rezoning of land located South of 62nd St W,west
of Country Road and North of Claycross Way, from the Rural Zoning District to the R1-13.5
Zoning District on 6.47 acres. Exhibit A, included with this Ordinance, gives the full legal
description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
DEVELOPMENT AGREEMENT
PRAIRIE ESTATES
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of April 18,
2006,by Prairie Estates of Eden Prairie,LLC,a Minnesota Limited Liability Company,hereinafter
referred to as 'Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a
municipal corporation,hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Planned Unit Development Concept Review
on 6.47 acres, Planned Unit Development District Review with waivers on 6.47 acres, Zoning
District Change from Rural to R1-13.5 on 6.47 acres,and Preliminary Plat of 6.47 acres into 10 lots
and 2 outlots, and road right of way, legally described on Exhibit A(the"Property");
NOW, THEREFORE, in consideration of the City adopting Resolution No.2005-90 for
Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Review and Zoning District Change from Rural to R1-13.5 on 6.47 acres,and
Resolution No.2005-91 for Preliminary Plat,Developer agrees to construct,develop and maintain
the Property as follows:
l. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated June 24,2005,reviewed and approved by the City Council on July 5,2005,
(hereinafter the 'Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property construction thereon or failure to fulfill
an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24
hour notice of such violation in order to allow a cure of such violation,provided however,
City need not issue a building or occupancy permit for construction or occupancy on the
Land while such a violation is continuing,unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release defend and indemnify City, elected and appointed officials,employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs(including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released from its responsibilities to release,defend and
indemnify because of any inspection,review or approval by City.
5. DEDICATION OF OUTLOTS A AND B: Prior to release of the final plat for the
Property,Developer shall tender a warranty deeds for proposed Outlot A and B for review
and written approval by the City.After approval by the City,the Developers title company,
Burnet Title,file the warranty deed with the Hennepin County Recorder/Registrar of Title as
appropriate immediately after the recording of the final plat,and prior to the recording of any
document affecting the property.
6. ENVIRONMENTAL SITE ASSESSMENT: Prior to release of the final plat for the
Property, Developer shall submit for review by the City Planner, a follow-up review to
the Phase I Environmental Site Assessment dated March 22,2005, as recommended by
American Engineering Testing, Inc.to review the Property's surficial condition after
removal of the solid waste, cars and boats. This analysis shall involve soil sampling and
laboratory analysis if determined by American Environmental Testing.
7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading
and drainage plan contained in the Plans may require revision based on review by the
City Engineer of the final construction documents which include a construction
grading and drainage plan. Prior to the release of a land alteration permit for the
Property,Developer shall submit and obtain the City Engineer's written approval of
the construction grading and drainage plan for the Property. The construction
grading and drainage plan shall include all wetland, wetland buffer strips, wetland
buffer monument locations, water quality ponds, storm water detention areas and
other items required by the application for and release of a land alteration permit.All
design calculations for storm water quality and quantity together with a drainage area
map shall be submitted with the final grading and drainage plan. Prior to release of
the grading bond, Developer shall certify to the City that the water quality pond
conforms to the final grading plan.
Developer shall employ the design professional who prepared the construction
grading plan.The design professional shall monitor construction for conformance to
the approved construction grading plan and City erosion control policy. The design
professional shall provide a final report to the City certifying completion of the
grading in conformance the approved construction grading plan and City erosion
control policy.
B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit,
Developer shall submit to the City Engineer and obtain City Engineer's written
approval of an erosion control plan for the Property. The erosion control plan shall
include all boundary erosion control features,temporary stockpile locations and turf
restoration procedures: All site grading operations shall conform to the City's
Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof.
Prior to release of the grading bond,Developer shall complete implementation of the
approved plan.
Developer shall remove any sediment that accumulates in the existing and/or
proposed sedimentation pond during construction. Upon request by the City,
Developer shall provide preconstruction and post construction surveys for evaluation
by City.
8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, depicted on Exhibit B Plans, Developer shall submit to the
City Forester and receive the City Forester's written approval of a plan depicting
construction grading limits on the Property. Prior to the issuance of any land alteration
permit, Developer shall place a construction fence on the approved construction grading
limits. Developer shall notify the City and watershed district 48 hours in advance of grading
so that the construction limit fence may be field inspected and approved by the City Engineer
and City Forester. Developer shall maintain the construction limit fence until written
approval is granted by the City to remove the fence.
9. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's
Supplements to this Agreement executed by and between the City of Eden Prairie and the
following are attached hereto and made a part hereof.
A. Dale E.Evans
10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1-13.5 District through the Planned Unit Development District
Review for the Property and incorporates said waivers as part of PUD
A. Average lot depth of less than 100 feet for Lot 10,Block 1. Code requires 100 feet.
B. Cul-de-sac length of 660 feet for 62nd Street West. Code maximum is 500 feet.
11. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to
issuance by City of any permit for grading or building on the Property, Developer shall
submit to the Chief Building Official and to obtain the Chief Building Official's written
approval of plans for demolition and removal of existing septic systems and wells on the
Property, and restoration of the Property.
Prior to issuance by City of any permit for grading or building on the Property,Developer
shall complete the demolition and removal of existing septic systems and wells on the
Property and restore the Property.
Prior to such demolition or removal, Developer shall provide to the City a deposit in the
amount of$1,000 to guarantee that Developer completes implementation of the approved
plan. The city shall return to Developer the $1,000 deposit at such time as the Chief
Building Official has verified in writing that the Developer has completed implementation of
the approved plan.
12. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall
be signed and delivered by the owner(s)of the Property to the City for trunk sewer and water
assessments on an assessable area of 6.91 acres in the amount of$22,272.25.
13. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer,and obtain the City Engineer's written approval of plans for streets,public sanitary
sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat
for the Property, Developer shall furnish to the City Engineer and receive the City
Engineer's written approval of a surety equal to 125%of the cost of said improvements. A
permit fee of five percent of construction value shall be paid to City by Developer. The
design engineer shall provide daily inspection, certify completion in conformance to
approved plans and specifications and provide record drawings.
14. 62'STREET WEST EASEMENT VACATION: Prior to issuance of a building permit
for Lot 9, Block 1 of the Property, vacation of the underlying highway easement over the
western portion of 62nd Street West as indicated on the Plans must be approved by both
Hennepin County and the City Council.
r m 15. 62ND STREET WEST REMOVALS: Prior to any land alteration or removals of 62 nd
Street West within the existing highway easement in advance of the vacation of said
highway easement,a permit from Hennepin County must be obtained for the work within the
easement area and presented to the City Engineer.
16. TREE LOSS-TREE REPLACEMENT: There are 1,265 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 660
diameter inches. Tree replacement required is 456 caliper inches. Prior to the issuance of
any grading permit for the Property,Developer shall submit to the City Forester and receive
the City Forester's written approval of a tree replacement plan for 456 caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for a
shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein,Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to issuance of any grading permit for the Property,Developer shall furnish to the City
Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of
the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
17. WETLAND PLAN:
Prior to release of the final plat for any portion of the Property,Developer shall submit to the
Environmental Coordinator and receive the Environmental Coordinator's approval of a
Wetland Plan. The approved Wetland Plan shall be consistent with the materials and
requirements shown on the Plans and as required by City Code. The Plan shall include the
following elements.
A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a
Wetland Buffer Strip Evaluation Report ("Buffer Report") in accordance with the
Wetland Plan and City Code requirements prior to release of the final plat for any
portion of the Property. If the Wetland Delineation Report or Buffer Report
identifies any unacceptable vegetation or other conditions, the wetland(s) and/or
wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon
known as "Landscaping", or "Landscaped") by the Developer within 90 days of
submission of the Buffer Report. If Landscaping of the wetland(s) and/or wetland
buffer strip is required,the Developer shall submit a signed statement by a qualified
wetland consultant, as determined by the City Manager, stating that the wetland(s)
and/or wetland buffer strip vegetation complies with all City requirements within 30
days of completion of the Landscaping of the wetland buffer strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the
final plat for any portion of the Property,Developer shall submit a signed contract
with a qualified wetland consultant, as determined by the City Manager and/or
designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation
Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and
wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan
and proposed cost for correction of all problems identified within the wetland(s)
and/or wetland buffer strip(s).
The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced. Thereafter, this report shall be submitted annually until two full
growing seasons following completion of the development have passed, at which
point a final Annual Report shall be submitted. The final Annual Buffer Report shall
be submitted two full growing seasons following completion of the development and
shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements.
If any unacceptable conditions or vegetation are identified within the Annual Buffer
Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report.
C. Conservation Easement: Prior to release of the final plat for any portion of the
Property, Developer shall submit a Conservation Easement (Exhibit F) for review
and written approval by the Environmental Coordinator, for the area delineated on
the Plans.
Prior to release of the final plat for the Property,Developer shall submit evidence to
the Environmental Coordinator that the approved Conservation Easement has been
executed by the owners of the Property and has been filed in the Hennepin County
Recorder's/Registrar of Titles' Office.
D. Wetland Buffer Strip Monuments: Prior to release of the first building permit for
any portion of the Property, Developer shall install all wetland buffer strip
monuments for the property. Wetland buffer strip monument locations shall be
shown on the final grading plan. The post shall be a fiberglass reinforced composite
post with a maximum size of 4 inch by 4 inch(4"x 4")that states"Wetland Buffer:
No Mowing Allowed". The post shall be mounted to a height of a minimum of four
feet above grade set at least 42 inches in the ground. The bottom of the post must be
fitted with an anchor attachment that would expand upon attempted removal.
Removal of the wetland buffer strip monuments is prohibited.
E. Wetland Performance Bond: Prior to release of the final plat for any portion of the
Property,Developer shall furnish to the Environmental Coordinator and receive the
Environmental Coordinator's approval of a Wetland Plan performance bond, cash
escrow,or letter of credit with a corporation approved by the City Manager or other
guarantee acceptable to the City Manager(hereinafter referred to as the"Security")
equal to 150% of the cost, as estimated by the City Manager, of completing said
Wetland Plan requirements and/or Landscaping as depicted on the Plans and as
required by City Code. Said Security shall cover costs associated with the Wetland
Plan during development and for two full growing seasons following completion of
the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms,the City
may draw upon the Security in whole or in part to pay the cost of implementation.
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
Prairie Estates of Eden Prairie, LLC
By By
Its Nancy Tyra-Lukens
Its Mayor
By By_
Its Scott H.Neal
Its City Manager
STATE OF MINNESOTA )
)Ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2006,
by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2006,by
the , of Prairie Estates of Eden Prairie,LLC,a Minnesota
Limited Liability Company on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT—PRAIRIE ESTATES
Legal Description Before Final Plat
PARCEL 1
The East 110 feet of the West 281 feet of the North 300 feet of the Northeast 1/4 of the Northwest
1/4 of Section 5, Township 116, Range 22,Hennepin County,Minnesota.
PARCEL 2
The West 300 feet of the East 521 feet of the following described property:
All that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 116,Range 22
described as follows:
Commencing at a point in the North line of said Northeast 1/4 of said Northwest'/4,which is 538
feet West of the Northeast corner thereof; thence West along said North line 803 feet,more or
less,to the Northwest corner of the Northeast 1/4;thence South along the West line of said
Northeast '/4 763.3 feet;thence East 803 feet to a point which is 789.2 feet North of the South
line of said Northeast '/4;thence North 821.5 feet to the point to beginning, according to the
United States Government Survey thereof and situate in Hennepin County,Minnesota.
Legal Description After Final Plat
Lots 1-10,Block 1, Prairie Estates
EXHIBIT B
DEVELOPMENT AGREEMENT—PRAIRIE ESTATES
PLANS
LIST OF MATERIALS
1. Cover Sheet not dated by Hansen Thorp Pellinen Olson, Inc.
2. Existing Conditions Survey dated 5-19-05 by Hansen Thorp Pellinen Olson, Inc.
3. Preliminary Plat/Site Plan dated 6-20-05 by Hansen Thorp Pellinen Olson, Inc.
4. Grading, Drainage and Erosion Control Plan dated 5-19-05 by Hansen Thorp Pellinen Olson,
Inc.
5. Utility Plan dated 5-19-05 by Hansen Thorp Pellinen Olson, Inc.
6. Landscape Plan dated 5-19-05 by Hansen Thorp Pellinen Olson, Inc.
7. Tree Reforestation Plan dated 5-19-05 by Hansen Thorp Pellinen Olson, Inc.
8. Phase I Environmental Site Assessment dated 3-22-05 by American Engineering Testing,
Inc.
EXHIBIT C
DEVELOPMENT AGREEMENT—PRAIRIE ESTATES
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan(1"=100'scale)showing existing and proposed
contours,proposed streets,and lot arrangements and size,minimum floor elevations on each
lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots,location of walks,trails,and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose
the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
A. Dale E.Evans
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement,to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property,any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. §9601,et. seq.,or Minn. Stat.,Sec. I I5B.01,et.
seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of,place or otherwise have,in or on the Property,any Hazardous Substances.
D. That,to the best of Developer's knowledge,no previous owner,operator or possessor
of the Property deposited, stored,disposed of,placed or otherwise allowed in or on
the Property any hazardous substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss,costs,damage and expense,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were,or are claimed or alleged to have been,used,employed,deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release of the final plat,Developer shall a to City fees for the first three 3
P P pay tY ( )years'
street lighting on the public streets adjacent to the Property(including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII. Developer shall,prior to the commencement of any improvements,provide written notice to
Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable
Communication Ordinance(80-33)of the development contemplated by this Development
Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,
Minneapolis,Minnesota 55411.
XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to
the Inspections Department,including;Building permit fee,plan check fee,State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and
park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, walls and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"
= 200 scale) showing proposed building location and all proposed streets, with approved
street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be
levied upon or collected from the general credit,general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 '/z by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top
of the post.
XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record
the Development Agreement at the County Recorder and/or Registrar of Titles. The final
plat shall not be released until proof of filing of the Development Agreement is submitted to
the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer's obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the
"Security")is required ifthe Developer defaults with respect to any term or condition in this
Agreement for which Security is required and fails to cure such default(s)within ten(10)
days after receipt of written notice thereof from the City;provided however if the nature of
the cure is such that it is not possible to complete the cure within ten(10) days, it shall be
sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer
acknowledges that the City does not assume any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security,as appropriate,upon five
(5)business days notice to the Developer,for any violation of the terms of this Agreement or
if the Security is allowed to lapse prior to the end of the required term. If the obligations for
which Security is required are not completed at least thirty(30)days prior to the expiration
of the Security and if the Security has not then been renewed,replaced or otherwise extended
beyond the expiration date the City may also draw down or make a claim against the
Y p � tY Y g
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security,the proceeds shall be used to cure the default(s) and to reimburse the City for all
costs and expenses, including attorneys' fee, -incurred by the City in enforcing this
Agreement.
XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXIL This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person, including the public at large,so
as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof,or otherwise give rise to any cause of action for any person not a
party hereto.
EXHIBIT D
DEVELOPMENT AGREEMENT—PRAIRIE ESTATES
EROSION CONTROL POLICY-AUGUST 1, 1997
1. All construction projects permitted by the City of Eden Prairie which results in the
temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion
require the use of Best Management Practices (BMP's) as outlined in the Minnesota
Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the
impact of erosion on wetland and water resources. The City Engineer or the Director of
Inspections may impose special conditions to permits which stipulate erosion control
procedures and/or direct the installation of erosion control features or the clean up of erosion
at construction sites. Permits affected by this policy include all grading permits, building
permits, and permits for the installation of utilities.
2. All erosion control systems stipulated in the permit application shall be installed prior to the
issuance of the permit. Supplemental erosion control systems ordered by the City Engineer
or the Director of Inspections shall be installed within 48 hours of that order.
3. The applicant must maintain all erosion control systems in a functional condition until the
completion of turf and/or structural surfaces, which protect the soil from erosion. The
applicant must inspect erosion control biweekly and immediately after each rainfall event of
.5 inches or more. Needed maintenance shall be performed within 48 hours.
4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the
trackage or spillage of soil on public streets or highways. BMP's may include,but are not
limited to, rock construction entrances, washing stations, frequent cleaning of streets
adjacent to the construction site or limiting operations when site conditions are
unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by
power sweepers within the time frame stipulated in the permit special conditions or as
ordered by the City Engineer or the Director of Inspections.
5. If erosion breaches the perimeter of a construction site, the applicant shall immediately
develop a clean up and restoration plans, obtain the right-of-entry from the adjoining
property owner, and implement the clean up and a restoration plan within 48 hours of
obtaining the adjoining property owner's permission. In the event eroded soils enter onto or
are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall
remove the soil material and thoroughly sweep the street or sidewalk surface within four
hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water
bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control
and flagging required to protect the traveling public during the clean up operations.
6. When an applicant fails to conform to any provision of this policy within the time stipulated
in a written notification,the City may take the following actions:
a. Withhold the scheduling of inspections and/or the issuance of a Certificate of
Occupancy or other approvals.
b. Direct the correction of the deficiency by City personnel or separate contract.
C. Withhold the issuance of building permits
d. At its option,institute and prosecute an action to enjoin violations ofthis Agreement
and/or an action to specifically enforce perfonnance of this Agreement
The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter
upon the construction site for the purpose of correcting deficiencies in erosion control.
All costs, including but not limited to, attorneys'fees and engineering fees incurred by the
City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by
the applicant. All invoices for erosion control correction shall be due and payable within 30
days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the
highest legal rate.
Each charge for correction of erosion deficiencies shall be a lien upon the property to which
the permit applies. Invoices more than 30 days old on September 30 or any year or on any
other date as determined by the City Engineer or the Director of Inspections may be assessed
against the property. As a condition of the permit, the owner shall waive notice of any
assessment hearing to be conducted by the City, concur that the benefit to the property
exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota
Statute 429.081 or otherwise to challenge the amount or validity of the assessment.
I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated
August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of
Eden Prairie, Minnesota.
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Owner's Signature Applicant's Signature
DEVELOPMENT NAME: Lots: 1-10 Block: 1, Prairie Estates
OWNER INFORMATION OWNER(PRINT):THomAS H.PARKER
ADDRESS 201 EAST LAKE STREET
CITY WAYZATA STATE MN ZIP 55391
EXHIBIT E
DEVELOPMENT AGREEMENT—PRAIRIE ESTATES
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS day of ,2006,between the City
of Eden Prairie, a municipal corporation, (the "City") and Prairie Estates of Eden Prairie, LLC, a
Minnesota Limited Liability Company(the "Owner").
A. The Owner holds legal and equitable title to property described as Lots I-10,Block 1,
Prairie Estates,Hennepin County, Minnesota,which property is the subject of this Agreement and is
hereinafter referred to as the "Property".
B. The Owner desires to develop the property in such a manner that relies upon the City's
trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities
and a water treatment plant(all of which is hereafter referred to as the"Improvement").
C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
I. The Owner consents to the levying of assessments against the Property in the amount of
$22,272.25 for the Improvements.
2. The City's assessment records for the Property will show the assessments as a"pending
assessment"until levied.
3. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be
constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives
all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity
of the assessments, or the procedures used by the City in apportioning the assessments and hereby
releases the City,its officers,agents and employees from any and all liability related to or arising out of
the imposition or levying of the assessments.
5. This agreement shall be effective immediately.
6. This agreement can only be terminated with the written consent of both parities.
OWNER CITY OF EDEN PRAIRIE
Prairie Estates of Eden Prairie, LLC
A Minnesota Limited Liability Company A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Thomas H.Parker Nancy Tyra-Lukens
Its President Its Mayor
By: NOT TO BE SIGNED
Scott H.Neal,
Its City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2006,
by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie,a
Minnesota municipal corporation,on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2006,
by Thomas H.Parker,the President, of Prairie Estates of Eden Prairie, LLC, a Minnesota Limited
Liability Company,on behalf of the Company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT F
DEVELOPMENT AGREEMENT—PRAIRIE ESTATES
CONSERVATION/SCENIC EASEMENT
THIS EASEMENT AGREEMENT is made this_day of ,2006 by and between
Prairie Estates of Eden Prairie,LLC,a Minnesota Limited Liability Company,hereinafter referred to
as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter
referred to as "City";
WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more
fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgage, and encumbrances, except:
WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to
prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B,
hereinafter referred to as the 'Basement Area", attached hereto;
NOW,THEREFORE,in consideration ofthe premises contained herein,it is agreed by the
parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the `Basement Area", and City hereby
accepts such conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural condition.
No trees, shrubs or other vegetation shall be planted or removed from the
Easement Area without the prior written consent of the City. The City will
consider removal of noxious weeds, as defined by Minnesota Statutes
Sections 18.76-18.88, upon submission and approval of a Vegetation
Management Plan. No vegetation cutting,fertilizer application or placement
of turfgrass, such as Kentucky bluegrass, shall occur within the Easement
Area.
B. Wetland buffer monuments must be placed at the boundaries of the wetland
buffer strip as shown on Exhibit C. Removal of the wetland buffer strip
monuments is not allowed.
C. No building,road, sign,billboard,utility,or other structures shall be placed
in the Easement Area without the prior written consent of City.
D. No trash,waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of the
City.
E. No change in the general topography of the Easement Area landscape,
including,but not limited to excavation,dredging,mov
ement,
and removal
or placement of soil, shall be allowed within the Easement Area without the
prior written consent of the City.
F. Grantor may,no more than once per calendar year,remove sediment caused
by stormwater drainage into a stormwater ponding area. Any removal of
sediment must be pre-approved in writing by the City and be in accordance
with City and Wetland Conservation Act guidelines. Landscaping must be
replaced in accordance with the requirements outlined in this Conservation
Easement.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title free and clear of all liens,
encumbrances and mortgages.
B. That Grantor has not used,employed,deposited,stored,disposed of,
placed or otherwise allowed to come in or on the Easement Area,any
hazardous substance, hazardous waste, pollutant, or contaminant,
including, but not limited to, those defined in or pursuant to 42
U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 11513.01, et. seq. (such
substances,wastes,pollutants,and contaminants hereafter referred to
as "Hazardous Substances");
C. That Grantor has not allowed any other person to use, employ,
deposit, store, dispose of, place or otherwise have, in or on the
Easement Area, any Hazardous Substances;
D. That no previous owner, operator or possessor of the easement area,
deposited, stored,disposed of,placed,or otherwise allowed in or on
the Easement Area any Hazardous Substances;
Grantor agrees to indemnify,defend and hold harmless City,against any and all loss,
costs damage and expense, including reasonable attorneys fees and costs that City
g P � g Y
incurs because of the breach of any of the above representations or warranties and/or
resulting from or due to the inaccuracy or falsity of any representation or warranty
herein.
4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein.
5. The duration of this easement is perpetual and shall bind and inure to the benefit of
the parties,their successors and assigns.
ns.g
6. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
Prairie Estates of Eden Prairie LLC
NOT TO BE SIGNED By NOT TO BE SIGNED
Thomas H.Parker Nancy Tyra-Lukens
Its President Its Mayor
NOT TO BE SIGNED By NOT TO BE SIGNED
Scott H.Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2006,
by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2006,
by Thomas H.Parker,the President, of Prairie Estates of Eden Prairie,LLC,a Minnesota Limited
Liability Company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
THE PROPERTY
Legal Description Before Final Plat
PARCEL 1
The East 110 feet of the West 281 feet of the North 300 feet of the Northeast'/4 of the Northwest
'/4 of Section 5, Township 116, Range 22,Hennepin County,Minnesota.
PARCEL 2
The West 300 feet of the East 521 feet of the following described property:
All that part of the Northeast '/4 of the Northwest '/4 of Section 5,Township 116, Range 22
described as follows:
Commencing at a point in the North line of said Northeast '/4 of said Northwest '/4,which is 538
feet West of the Northeast corner thereof; thence West along said North line 803 feet,more or
less,to the Northwest corner of the Northeast '/4;thence South along the West line of said
Northeast '/4 763.3 feet;thence East 803 feet to a point which is 789.2 feet North of the South
line of said Northeast '/4;thence North 821.5 feet to the point to beginning, according to the
United States Government Survey thereof and situate in Hennepin County,Minnesota.
Legal Description After Final Plat
Lots 1-10, Block 1, Prairie Estates
EXHIBIT B
"EASEMENT AREA"
Legal Description Before Final Plat
Legal Description After Final Plat
EXHIBIT C
EASEMENT AREA DIAGRAM
OWNERS' SUPPLEMENT TO
DEVELOPMENT AGREEMENT BETWEEN
PRAIRIE ESTATES OF EDEN PRAIRIE,LLC
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT,made and entered into as of April 18,2006,by and between Dale E.
Evans, an individual, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"):
For,and in consideration of, and to induce City to adopt Resolution No.2005-90 for Planned Unit
Development Concept Review,Ordinance No. for Planned Unit Development District Review
and Zoning District Change from Rural to R1-13.5,Resolution No.2005-91 for Preliminary Plat,as more
fully described in that certain Development Agreement entered into as of April 18,2006,by and between
Prairie Estates of Eden Prairie, LLC, a Minnesota Limited Liability Company, and City ("Development
Agreement"), Owner agrees with City as follows:
1. If Prairie Estates of Eden Prairie, LLC, fails to commence development in
accordance with the Development Agreement and proceed with construction of at
least one building permit within 24 months of the date of this Owners'
Supplement, Owner shall not oppose the City's reconsideration and rescission of
Resolution No. 2005-90 for Planned Unit Development Concept Review,
Ordinance No. for Planned Unit Development District Review and
Zoning District Change from Rural to R1-13.5, and Resolution No. 2005-91 for
Preliminary Plat, identified above, thus restoring the status of the Property before
the Development Agreement and all approvals listed above were approved.
2. This Agreement and the Development Agreement shall be binding upon and
enforceable against the Property and the Owner,their successors and assigns of
the Property.
3. If Owner transfers this Property, Owner shall obtain an agreement from the
transferee requiring that such transferee agree to all of the terms, conditions and
obligations of"Developer" in the Development Agreement. Neither the Owner or
transferee are required to develop the property in accordance with this
Agreement, so long as Owner or transferee obtain such approvals as are required
by City Code to develop the Property in a manner other than as set forth in this
Agreement.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
OWNERS CITY OF EDEN PRAIRIE
By By
Its Nancy Tyra-Lukens
Its Mayor
By By
Its Scott H.Neal,
Its City Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
,2006,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and
the City Manager of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said
corporation.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2006, by Dale E.Evans, an individual.
Notary Public
EXHIBIT A
OWNERS SUPPLEMENT
Legal Description Before Final Plat
PARCEL 1
The East 110 feet of the West 281 feet of the North 300 feet of the Northeast '/4 of the Northwest
'/4 of Section 5, Township 116, Range 22, Hennepin County,Minnesota.
PARCEL 2
The West 300 feet of the East 521 feet of the following described property:
All that part of the Northeast 1/4 of the Northwest 1/4 of Section 5,Township 116, Range 22
described as follows:
Commencing at a point in the North line of said Northeast '/4 of said Northwest 1/4,which is 538
feet West of the Northeast corner thereof; thence West along said North line 803 feet,more or
less,to the Northwest corner of the Northeast 1/4;thence South along the West line of said
Northeast 1/4 763.3 feet;thence East 803 feet to a point which is 789.2 feet North of the South
line of said Northeast'/4;thence North 821.5 feet to the point to beginning, according to the
United States Government Survey thereof and situate in Hennepin County,Minnesota.
Legal Description After Final Plat
Lots 1-10,Block 1,Prairie Estates
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Randy L. Slick Final Plat Approval of Prairie Estates VII. C.
Public Works/Engineering
Requested Action
Move to: Adopt the resolution approving the final plat of Prairie Estates
Synopsis
This proposal is for the plat located south of West 62nd Street and west of Country Road. The
plat consists of 6.47 acres to be divided into ten single-family lots,two outlots and right-of-way
dedication for street purposes.
Background Information
The preliminary plat was approved by the City Council on July 5, 2005. Second reading of the
Rezoning Ordinance and final approval of the Developer's Agreement will be completed on
April 18, 2006.
The resolution includes a variance to City Code 12.20 Subd. 2.A waiving the requirement for
final plat approval within six months of preliminary plat approval.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$520.
• Receipt of street lighting fee in the amount of$1,283.04.
• Receipt of street sign fee in the amount of$115.
• Prior to the release of the final plat, Developer shall provide to the City a current title
insurance policy.
• Satisfaction of bonding requirements for the installation of public improvements.
• Execution of Special Assessment Agreement for trunk utility improvements.
• The requirements as set forth in the Developer's Agreement.
• Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of,--ways
certified by surveyor.
• Prior to release of the final plat,Developer shall provide a Warranty Deed to the City of Eden
Prairie for Outlots A and B.
• Prior to release of the final plat,Developer shall record and provide proof of filing the
Development Agreement at the County Recorder and/or Registrar of Titles.
• Revision to plat shall include the standard rear yard drainage and utility easements on Lots 5,
6, and 7, Block 1.
• Revision to plat shall include a 15-foot drainage&utility easement,which shall mirror the
conservation easement along the rear property line of lot 10,Block 1.
• Prior to release of the final plat,Developer shall submit and receive approval of a Wetland
Plan by the Environmental Coordinator.
• Prior to release of the final plat,Developer shall submit for review the Phase I Environmental
Site Assessment.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE ESTATES
WHEREAS, the plat of Prairie Estates has been submitted in a manner required for
platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations
and requirements of the laws of the State of Minnesota and ordinances of the City of
Eden Prairie.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Prairie Estates is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-
month maximum time lapse between the approval date of the preliminary plat
and filing of the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this
resolution to the owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the
certificate of approval on behalf of the City Council upon compliance with the
foregoing provisions.
ADOPTED by the Eden Prairie City Council on April 18, 2006.
Nancy Trya-Lukens, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
PRAIRIE ESTATES R.T, DOC. NO. _
KNOW ALL MEN BY THESE PRESENTS: Thol Prom.Estates of Eden PIaIria,LLC,iq—Of the logo"deacrlbed STATE OF MINNESOTA
properly,situated in the County of Hennepin,State of Menesoto to wR:
COUNTY OF
That port of line Northeast 0—tor of 11a Northwest Ouorter,SeOlbn 5,iownehip 716,Ronga 22,deeerked The foregoing wrwyw'a certificate.Oe ockno.ledged before me this__—___day Of_______„200_�.
spars: by Paul A.Thorp,Lead S—yo,,MNnwoto License No.13637.
as t
8e¢mdng at the htersactIon Of fbe K1h Ilse f said Northeast Ouarisr of the Hodh.est Quart&end
the northirfy"teneian at
me_at line of Coimtfy Roca,ce dedlcoted In the plot of C,`mry den{thence —_--
u area beorhg of South 0 degrees 26 minute!47 seconds East,long sate north Kly sxtansior,o wo,y Pu ._�—��r Minnesota
distance Of J4.13 feet to a point "to by a pdistal I--nark net pursuant 0 Torrens Cast NO.16302;
thence c Iiwe South 0 degress 26 minutes 4Y ands Eaft,along rid northerly exfea,t and sold west My cwnmission
lee.o distance of 789.84 lest to a posh morYed by a ydNof loodmwk net pursuant to"amen!Case NO.
183D$!hence North 89 degrees 25 minute,30 econde Wool,along the norm roe Of aoywass Way,as
deolealed In edtl pat distance of 203.11 feet to a Pohl marked by p 7udtc ai land—k iat pwswnt to
Tomens Coss No,16302;It—continua North 89 degrees 25 minutes 34»cards West.O distance N
97.10 feel to
Me hereinafter Oncriped Point A:thKte♦Nwth 0...fees 35 minutes 02 seconds West,
along o"as+Ich eslended north would int§ the norm Rne of sold Northeast Ourter Of the Nerthweal
OVOrlK at
O point dRLOnL 282.46 feet East ham then lhessl wnr Of said Northeast QYartr 1 line EDEN PRAIRIF.U90fi 50TA
Narlhweel Quwler.a dstecs nl 509.03 feet to the south line of the North 300 feet o1 add Northeast
worter of me Nor[heeet Quart- thence South 67 degrees 45 meutef 22 second!'Hest along u:d ewlh Thfs plat of PRAIRIE ESTATES ores nppreved end accepted by the Clty EOVncR of Eden Pruirle,Minnesota at a requlor
It,,.a distance of 1f0.7C feel to the lost I'ne of the wear 171 teal of sold Northeast Oual&of the meeting thereof n.fe this nay Of_ 200___. if aPplft bl.,me wdtten comments and
Nor hats Ourter,thence,North 0 degrees 43 theories 02!seed!Wc3L along
said
coat line of Lhe We,t reCemmeadatbns of the Commissioner of T—spartotloa end the County HighwoyeEngher hors been recsiued by the City
171 feet,a dbtonee of 300.TT feel to the north 6he of sold Northeast Ot—Urr Of the NUtDwesf DunfleY. the preacrWetl 30 say period hue elapsed Mthoul reoNOl of such dammente d rseemmendoOOM,of prov40stl by
thence North 87 degrepi 45 minutes 22—do East,along sold north Me,0 datonee Of 413.65 Feet to Minnesota StOWtes.belion SOS03.Svbd.2.
the pain(of begkaing.
PoMI A to descdbetl as fotowt. Cammanaeg at a poet On the wesl line of sold Northeast Ovwter Of
Me
North Ouarter distort 789.2 tee(north Irom the seuth.esf corner of sold Natb—t Ouwter of the CITY COUN Of EDEN PRAIRIE,MINNESOTA
NaHbweat 0udrter;thence East,p-110,with lM iauth Ma el,aid Nrmeo'I 12urter of the Nrlh.est
Quarter,a distenee of 260.55(set to sale Pohl A. i
By __ _______.—.Mayor
By City Mono9K
ll—paused the same to be wrveyod and platted at PRAIRIE ESTATES and do hereby denote and dedicate to the public
fa public use fwowr the street and the sosements for drainage and utaity pwpasee as shown an this plat-
In witness.h—.t said Pra'vie Eatotes of Edon Prairie,LLC,has caused the,.W.—to to be signed by it,prep&Officer
this day of---200_—
Proib Estatee.of Eden Prairie,I.I.C.
TAXPAYER SERVICES DEPARTMENT,HENNEPiN COUNTY.MINNESOTA
by
Tom porker,President I hereby crbfy that tarn pdyabie In 200 and prbr ye&s have been paid for the led oescribed on this plot. Dated
this_�.__�__day Of_ ___2CC_
Patrkk K O'Connor,Hennepin Canty Audtw
STATE Or MINNESOTA By_____________ Deputy
_
COUNTY OF
The f—going fnetrument wa,o6nor4e41ged before me this___—__day of__,_,__�,200__by Tom
Parker,preddent of Prams Estates of Eden Prairie,LLC,an behdf o/said a—Pany,
NOlory Pubrie,_ ___�___County,Minnesota
My rwnmksian expires___��_��___—_ StRtvEY OINSION,HENNEfhN COUN17,MINNESOTA
Pu,eront to Minn.Statutes.SectiOn 3638,555(1869).this plot has baen.acpreved this____day of
200_..
Welbm P.&arm,Hennepin County Surwyer
By
I hon by c.Alfy that 1 lave awwyed and platted the lab dssorlbeo on this plot as PRAIRIE ESTATES that this plat ft a
correct reprltenlaGon pt Said fwvay,that ad deteees.are eomec0y shO.n rt sold Plat a kef and hurtdrMT a(a
foot;that ap monuments how beer correctly placed la the ground G3 ih—a ma plat w oral be placed as required
by the lard%, nmantol unit; that me outtide boundoo Ike.we eomxU designated on said plot wW that the
Ntionds,as din ed k MS SOS.02,Subs.1,haw been designated en tab plat 09 aho.m,
Paul A.Tharp,Laren Surveyor��—
REGISTRAR OF TITLES HENNEPIN COUNTY.MINNESOTA
Minnewlo L4cenP 73837 I hereby certify that the within plot of PRAIRIE ESTATES.oe ROd for record h this office this
day of _--______200__,at—-----eltoak_—M.
Mkhoel 1A Olnni/f,Reglstror of Titles
By Deputy
1I, Hansen Thorp
Pellinen Olson Inc.
` eall—•Surwyow•Lonasowe Ndrhaels
PRAIRIE ESTATES ` R,T. DOC. NO.
li\/1:ii Tif'T y it<1 A'\ a /.=R:DRR.ENS
ORARIADE AND UDUtt EASExExi$ARE$IIOYIN i1K13:
-No
RTH4 C!H T WEST LINE OF CUTLGT A. CASE NJ. :SJC1
CUTLCT A A BTE NENEHujE EM a!ENEHJEM AG:ANGN� Noor26'47"W 823.97
._aa.« 68 JSl.1 �- 5J
' F11D.JLA! \`KEST LINE�LCUNiRY fY.]AD ME 7ZAN0�'� ��—•-----------------� S�i OUTLOT A ��� --�;'---------;'-:��;.,;\%, w N00'3f2t"E sz` �a e
3J , S£T?ER TA7PFk'S D \r DRAINAGE AND i�e� --DRAINAGE AND-- ¢\ AS°j /\ \ ` W 4.70 "-`Jew/
CASE NC. ZF202 - I UTILITY EASEMENT 0 UTILITY EASEMENT 8; 1A14 @T JY
aLOT 2 ' .,y J, 11,p!Q18 �ro LOT 5yb�i / 1 h+� SO'3e'21"W c:f.. B-.5 FEET e+rnOM AND A--.laT LD+ES. :
U M DTNER W O KATEO.AND 10 FEET N NOTH
��yJ r / , 2 r�:i':• - -MA W—SE KKATED AND ADJOHN6
50 Pob'i-M-NAY UNLS.AS 910R!ON THE PUT
`` 52T439"E 134.93 y - L,
LOT 8
L_J
S01S'24'E 1C7,58�r i�
L AND
n
a 1G
LOT 4 -EDGE Of
719.2 ------'
`l OUTLOT 8 \ 6
LOT 6 \ D.4AMAGE AND D r. MO �_f
UTILITY EASEMENT +^y Yl�
LOT 3
LOT 1 v I ZUJILa
Lr•� i o?/ ° ------•.-_. eg . �. i �;rorFUD. I -
1- Re75,54lu
`�� �5'24"E 72.91 i I •1�
in I a.zm D9 2g I ,6 � �a w i
<J 1 Ifly �J \ vJ� ry�ZA~8g1 I ; ` t�
94� 50.oD 115.
e LOT 7 aq�56� (/,i'"
S214'38 E 172.84 Q-1 q r \NJ/�J�SiJ$gg��M
_ EST #
� 5_r'w
62nd STREET . —.— 204.22-
9— 211.00 55:00 _ 20f.18 bJe n�
I-- 9'4'3E —— 133,o NO'35'02"W 509.03
133.50 I-LNE�IH D c%ENED NORTH N1L0
INTERSECT HE NOR LINE O THE N_T1H/33 E4
OF THE NW /42g.64 FEET CAST r
-t
N NA•N'RNER.
m R_
n r
r4
cv-- ----_ —3Do.D----g r---- LOT 2 `z I
ca N 1— LOT 1 ,I I I I �•
r L
--SOUTH LOIE FEET
THE
0C FE
NCkTH 3ET
33.01
— I NO-43'02'W 300.11 I
` to ''-EAST LINE FEET
T-rE I ,m
j WEST 1JI FEET
13
, r r
wv3'02'E
-rveatr.Ytsi r OF OFM r sem4 pf1
THE
H NE r/a CF 1f4 D 40 $0 120
THE BASIS OF BEARINGS IS ASSUMED
\l:/✓:_!�:':','i :; .. o DENOTES 1/2 BY IRON
MCNVMENT SET AND MARKED R%ED B BY R.L.S.NO. 11" Hansen Thorp
IW7
• DENOTES IRON MONUMENT FOUND Pellinen Olson Inc.
0 OENOTE5 JUDICIAL LAND MONUMENT E w ee f•Sm[yea•Lm 4Kap1 Arc:t1 tp
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Randy L. Slick Final Plat Approval of Stonegate of Eden VII.D.
Public Works/Engineering Prairie 3rd Addition
Requested Action
Move to: Adopt the resolution approving the final plat of Stonegate of Eden Prairie 3rd
Addition.
Synopsis
This proposal is for the plat located at 18128 Ingram Way. The plat consists of 1.32 acres to be
divided into two single-family lots. This is a replat of Lot 3,Block 1, Stonegate of Eden Prairie
2ad Addition.
Background Information
The preliminary plat was approved by the City Council on May 6,2003. Second Reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on July 1,
2003.
The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for
final plat approval within six months of preliminary plat approval.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$320.
• Prior to release of the final plat, Developer shall provide to the City a current title insurance
policy.
• The requirements as set forth in the Developer's Agreement.
• Provide a list of areas(to nearest square foot) of all lots, outlots and road right-of-ways
certified by surveyor.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2006-
A RESOLUTION APPROVING FINAL PLAT OF
STONEGATE of EDEN PRAIRIE 3RD ADDITION
WHEREAS, the plat of Stonegate of Eden Prairie 3rd Addition has been submitted in a
manner required for platting land under the Eden Prairie Ordinance Code and under
Chapter 462 of the Minnesota Statutes and all proceedings have been duly had
thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations
and requirements of the laws of the State of Minnesota and ordinances of the City of
Eden Prairie.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Stonegate of Eden Prairie 3rd Addition is approved
upon compliance with the recommendation of the City Engineer's report on
this plat dated
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-
month maximum time lapse between the approval date of the preliminary plat
and filing of the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this
resolution to the owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the
certificate of approval on behalf of the City Council upon compliance with the
foregoing provisions.
ADOPTED by the Eden Prairie City Council on April 18, 2006.
Nancy Trya-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
STONEGATE OF EDEN PRAIRIE 3RD ADDITION
KNOW ALL BY T,IESE PRESENTS:Thet SroN Grlwn eM Krblina CeMfon,husMM eM wile,oxw.ra sM pfoparlon eI1M bkweq de«abed pnpaM aflwNtl In
A I -T 1 r_' the C,ft of HenwpN,s—ofM—w.bwb:
v 1 Ld 3.Beek 1,STONEGATE OF EOEN PRAIRff 2NDA0OT10N,H.rmepb COVMy.MYmesob.
csuwd tM uma N M surveyed eM pbh.d M STCNEGATE OF EDEN PRAIRIE MD ADDITION..M do hen by a.dkste b tM pWk err pubic lua bnwf Sn
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STATE OF Mil SOTA
_uNTy OF ''..
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rl i ——————— \ O rapresemetlon d,M aurv.Y'.thM ell line, ere cenedy,n-d w the pet In M1M sM huMredlhe d e feel;lM1d ei m.MIS S .02,Men weedy P mgh b aro r'r,
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,o \/blyo , � a..gn.ba pn tM pert.
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Min—Lk—Number iddB0
' \�IS STATE OF� CWNTYOMI�ESOTA
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t 8 /• r.N \ \ EDENPRAIRIE.MINNESOTA
\ I ThbpW,ISTONEGATEOFEDENP REMDADgT10Nw.s.PMo ,M.co.pd.tl MPw CKyCw«Nd Eden Pnla..Mlnwaob,.ts repubrmwlkq three/
m ,O.iti";`• J h.M the d,y al =S.
U4� 1 = \J CRY CAUNCIL OF EDENPRAIRIE.MINNESOTA
YVl r By M.yor By 1Mrmp.r er Gbh
H
TAXPAYER SERVICES DEPARTMENT.Hmmepin C",Mimn«,s
t^\ J I 1 he by why wutl.v..py.bb In 2006 sM Prbr yesn Mve been pM for I.W ae«aMa on tllla pIH.p.Na 1M. a.Y d 2D08.
r) \N PM-H.O'Cenn«,Count'AV , by DM y
i I y buRVEY DIVISION,Henmon CwMy,—r,N
N69°OB'11"E 127.22 --` P-..Mb MINIM.STAT.S-3108.56(196%,Nb Fred hn bwn.ppfoved Nb_d.y 0 2008.
n I r- /, A I\ n I I\ I i_ Cwny Slnveyer by
I
COUNTY RECORDER.Henwpin C.erAy.Mlnlweon
1 h—by w,ldy Met M.w pea a STONEGATE OF EDEN PRAIRIE WD AOCI vna Sbd Iof r.wra In lhl,,DMe.N,_by d 2DD6,
N_ekbck_
DRAINAGE AND UTILITY EASEMENTS Mkhse,H.C-111,CeeNy R,e , M Depuly
ARE SHOWN THUS:
5�I
D w BD
SCAIE IN FEET
BEING S FEET IN NRITH AND AOMNING
LOT LINES. AND TO FEET IN WITH AND BEARINGS BASED ON THE PLAT OF •DENOTES NON MONUMENT FOUNO
AD"NING RIGHT OF WAY ONES AS STONEGATE OF EDEN PRAIRIE ND o DENOTES NON MONUMENT SET
T�,L SHOWN ON THIS PLAT. ADDITION. KALLIO Engineering LLC
J
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Randy L. Slick Final Plat Approval of Doyle Estates VII. E.
Public Works/Engineering
Requested Action
Move to:Adopt the resolution approving the final plat of Doyle Estates.
Synopsis
This proposal is for the plat located on the underlying properties at 17950 Flying Cloud Drive and 9980
Dell Road. The plat consists of 12.1 acres to be divided into two single-family lots, one Outlot and right-
of-way dedication for street purposes.
Background Information
The preliminary plat was approved by the City Council on January 17,2006. Second reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on February 21,
2006.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$320.
• Receipt of street lighting fee in the amount of$1,657.25.
• Prior to the release of the final plat,Developer shall provide to the City a current title insurance
policy.
• Satisfaction of bonding requirements for the installation of public improvements.
• Execution of Special Assessment Agreement for trunk utility improvements and Dell Road
improvements.
• The requirements as set forth in the Developer's Agreement.
• Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of-ways
certified by surveyor.
• Prior to release of final plat, Developer shall provide a cross access easement, private utility and
Maintenance Agreement over Lot 1,Outlot A.
• Prior to release of the final plat,Developer shall submit and receive approval of a Wetland Plan by
the Environmental Coordinator.
• Prior to release of the final plat,Developer shall record and provide proof of filing the
Development Agreement at the County Recorder and/or Registrar of Titles.
• Prior to release of the final plat,Developer shall submit and receive approval of a Conservation
Easement over portion of Lots 1 and 2, Block 1 and Outlot A.
• Prior to release of the final plat,Developer shall submit a Trail Easement for review and approval
over Outlot A.
• Revision to plat shall include a drainage and utility easement over the southerly 490 feet of Lot 1.
• Revision to plat shall include a standard drainage and utility easement along the southerly property
line of Lot 2.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
A RESOLUTION APPROVING FINAL PLAT OF DOYLE ESTATES
WHEREAS, the plat of Doyle Estates has been submitted in a manner required for platting land
under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all
proceedings have been duly had thereunder;and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Doyle Estates is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated January 17,2006.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on April 18,2006.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta,City Clerk
Z ICR DOC NO
NA DO YL E ADDITION
!.W AL.'LFN BY T.WSE PRESEN,S; That Dennis J. Doyle and Mvrgaret Arn Dayie, n✓sband and wile,
V! fee o e o7 t.ie/allowing described property si tooted in the Couniy of iien.vep in,Safe of
Minnesote,
Thor part of the Southeast Quarter o7 the Southeast 0uor(er of Section JO, Township 116.
} Range 21, Hennepin County,Minnesota, described as follows:
of [ne Northeast corner a!the West Sys f so;d Southeast Ouarfer o/the
Southey.!Guar ter !hence Westerly along the North line c/said Sau•thenst Ou'arter o
}` distance of 660.00! t to the actuc!o0inf of begrnn i.^y: thence Soufher!y porafle/with
'QP the£oast /ire a/sad Southeast (N outer o!thew 5a1theast Ouorter to the fMrtferly right
w Y fine of crate H%ghway Na. 16g 212; thence ft,ter ly long said right of roey fine to
Y vlsr the f i!re 0I said Sou rheas! Guor ter of the Southeast Ouorter; thence fbrtne.�/y o'cn9
so
:d VMst 'ine to the Northwest crn the Southeast Quarter f the Southeast P
thence Easterly O/org the%,Oh /in,of said Southeast Duarte,of the Southeast G✓orfer to
\ N 82°°?8'02"yy R=9824 the Point a/beginning.
1T8,52 rg=OS '.hat Dort i the lkrtM1vost P✓or!ef a/fM Southeast O—ter o/Section 30, Township 176,
t<1.r\� O2 43•' Ar)6,? Range 22,Ne wpin County,Minnesota, lying southerry of centerime of Dsil Road.
have caused If,sore to be ssvveyeo and plotted as DOYLE A00./T/QY and do hereby donate and
dedicate to the biic far b!ic use for..-the terrace, drive and the co—ts as ahem cn
'Cl 4 ��—� a J`J?@6 the plat /or or age and uIii ily purposes only.
OUTLOT A %1f� q witness whereat old that Dennis✓. Doyle and Morgarer Ann Doyle, band and wife have
�\ �' -'?..1? caused these sto be d this do of ,20(L_. signed
/ %4' � f� DAD_ \ ti presents signed y
�1 2e,1J���- —� � �? signed
o sa>Ys•.e.._ KEY 1 / l�—..; __s-s.0 I_/' a.u¢.m�� \ \`r.?
LOT Z S cS•':\ \\ �sOiy Dennis J. Coyle !Acrgare!Ann lMy!e .
a _ _
r
---_--_----,_z_--_ {,, ` \ q�f state of Minnesota, cam'aty of Hennepin
--'-------------- �� g+ The f re i r of wo ckn edged before•ru this day of 200--by
_ _ e
gong
.Lei Js..J Zt?A:2 penr,ie✓. Doy/e O.d!Aorgoref Ann Doyle, husband ono wife.
O N 88°48'30" W 739.T7 "a 4Ggj'OS„
Public,Exp/resin County,bar.
—i e as
O }�1 f Zeby certify that I hove s •ve`ed Ond plotted the property described on this plot es DOYLE
2 11 v ADD/T/GV; that this pl of is rr cf repressntal;a. or the 54rvey; t—f ali dirt—n
7r e by shaven on the old(inn feet and.hundredths o/o foot ; that oil rronu ats have been o
!/be placed in the ground os sM1Y-.ae rsq✓ired by the focal gover—fat snit; that the
..Is i de boundary line.ore correctly des;0-fed on the plot.
Frank R. Cardaretle,R.L.S
bi nneso(o License No. 65D8
0 100 20C 300 state of Min...ata, c—lyroof Amoco in
LOT R The loreaing i,efr—ntL Cenacknow!edged before m this—day of 20L, by
hfrank R.9 Cardarelle. c yr.
u
SCALE IN FEET sad Pro lessioml tend serve o
m A a Not." Public, 4ennep;n Lbunty, Ilr,.
DRAINAGE AND JTLITY EASEMENTS .My Canoi ss/an E.pire
a
e,
ARE SHOWN-FLS
EDEN p,'ot of.DOYLE
----- "d This plot of 00YLE ADDI T/.cN was approves one ycc'his by the City
i fyo COunail
o/the Cityof
Eden
E I _ Prcir is, Mi nnesoto, at o rego'l or finhe/d this day 1 100_. !
\ 51 r app,i,e /e, the wri ften convents and re ndotians o/the C—issioner of Tronsportytioa and
>' the County Ni ghrooe Eng;aver have been r aye�bythe City or the prescribed JG day period has
e ecei
a
elapsed rot fhovf r ceipt of a✓ch torrents on r ndee,one. as provided by Minn. Stafutes,
g ----- ------ Section 50.03,Subd. 2.
g c ?EING 10 IEET IN WIDTH AND AOJONNG CITY COV4CiL GE TC Ci]YOF EDEN PRAfRf£
j RIG-OF 'NAB 1_I14=S AND 5 FEET IN WCTF'..
ANC ADJOINNG 0-L•NES,UNLESS O-FERW:SE rs i NOICATEC,AS SHOWN ON TH_PLAT. Mayor clerk
g• } TAXPAYER SERVICES OEPARTIEW. Ne—epin County,Minnesota.
p FOR THE PJRPOSE OF THIS P-AT I hereby certify that ta.es payable/n 200—end prior years hone even paid tar long desribed
THE'WEST NE OF TRACTS A AND E on tbf.plot. Doted rkfa_day of 2E.0.
`\ IS ASSUMED TO BEAR N 00°33'00" Vr
4 \\1 Patrick H. O'Connor, C-1,Auditor Dy Dap✓ty
9 =NDICATES IRON MOINJMENT FOLND
SiAVEY DIVfSIQN, Hennepin County,Minnesota
= NDICA.TES V2 INCH X 14 NCH Pu—daI to/A/M STAT. Sec. JBJR.565(1969), this plat has been opp....d this_day of
RON MONJMENT SET MARKED 200-
-r/ETtANO BY LICENCE NO.6508 Wi!Ii—F, Brawn, county Surveyor by
ael11 i'a aa•at•Ia'E
-- CDiWTYREC400ER,Hennepin C—ty
� SFL YpJG CLOLO OR/VEi: 4 I nereby nrti!y that this p/ of. A0017"al ed. rued in this off/ce his day
o/ 200, cr_o'clock JA.
-at—/M. Conn;f/, County Recorder by Deputy
FRANK R, CARDARELLE LAND SURVEYOR
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Randy L. Slick Final Plat Approval of Horizon Place VIL F.
Public Works/Engineering
Requested Action
Move to: Adopt the resolution approving the final plat of Horizon Place.
Synopsis
This proposal is for the plat located west of TH 212 and south of Fountain Place. The plat
consists of 5.87 acres, which will be platted into one commercial / retail lot and right-of-way
dedication for street purposes. This is a replat of Lot 1, Block 1, Fountain Place Apartments and
Lot 1,Block 2,Fountain Place.
Background Information
The preliminary plat was approved by the City Council on February 21, 2006. Second reading of
the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
March 21,2006.
Approval of the final plat is subject to the following conditions:
• Receipt of street lighting fee in the amount of$1,283.04.
• Prior to the release of the final plat, Developer shall provide to the City a current title
insurance policy.
• Satisfaction of bonding requirements for the installation of public improvements.
• The requirements as set forth in the Developer's Agreement.
• Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor.
• Prior to release of the final plat,Developer shall record and provide proof of filing the
Development Agreement at the County Recorder and/or Registrar of Titles.
• Prior to release of the final plat,Developer shall record and provide proof of filing the
Access Agreement at the County Recorder and/or Registrar of Titles.
• Prior to release of the final plat, Developer shall submit an Access Agreement for
review and approval by the Director of Parks and Recreation Services.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
A RESOLUTION APPROVING FINAL PLAT OF HORIZON PLACE
WHEREAS, the plat of Horizon Place has been submitted in a manner required for platting land
under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all
proceedings have been duly had thereunder;and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Horizon Place is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated February 21,2006.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on April 18,2006.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta,City Clerk
F
HORIZON PLACE I R.T. DOC. NO.
f!•MAU AW N NN A1001 l Met Paint h-a bM—to Cor O OIlm,Iee a of Me loNoMp al—ked Prmorty sffeofed M the C a ty o/
Nsnnboh.State of mhmeof4 b Mf: I h rob,—111,Met I hen surNyM ena yeffetl Me propsrtY esl1 o'i MN plot of IfQNZM RACE;Met Mh plot
b e—1 repemnlefM of Me surrey Mof ON dbbmeo are ea.eefly Moen m the per M"I and hmamflre of a
Lof 1.Blo F.F tch PMn AWI—t4 anadkp to Me reeaVse prof M~f,,meoWe,CeMfy.tlknesote. Iae m:Met all manwnmh Mw loom ren.cNy pxW Mo»e yvune as Mows;Met Me puffo'beunsary IMn o�
Ny MM¢rofN m Me prof sb Mof fhw emds m deflesd M NMf .Sforolm SmfM SBSof.Sebd.
fapsMor MM:
r fo be doeiprrefM m mN Pfof.
CenxnMeMp of Me NarMenf nmw of 5eoMM si I M`r/Iq Re,ge 22,lhe,n Emf eMp fM NarM fMe oI eaN SmfM to f e Mta of the
Stets Nlphaay M.mbrad sot and I88 I—W,kme,m Numba k M....SmM—tmy dmp Me torte,Ike of mN hfpheey to Mo rYsf lb,of
paid SmfM;MMm NaM fo Plan of 6—Mg,Norwph c—'y.mbmsmfa. ey
ropeMr MM: Nert R.Sale.Lan✓ r
MMem Lk—fa Ck No.
4M IlBii
Lot r,sxk s r mM fem..Ne,nmk coMey,NMnnefe SBrR or ImBIfJbM
{"Fit or wl■e I
MOo oaoeee Me same to be m—pd e,d plMfed m KOVZON PUCE and ob hereby ekMeb and dedb:efe to the Pa b Pr k oee 1—Me dim and ebo Ms I—VoM8 S—yo a Cafflkefe.ae ockneelodped befwo me Mb_clay of 20_by Yak
~.I.Me—her oM ufmfy—.to m~On Me per. R.V.Lmd Surnya.
M eIMess a ormf sold Pornat Me,a NMemfe Coo OMm hes name Mon pnm+fs ro be M"by No manepor By
Mb_day of 20 NMary Public, Camfy NMemfo
/ply! B WMI M C my Cbm,nbabn E*Meo
By Pa mblr
me, Preeblbrt cm mm0c am-AmAl
By Ihk plot of#,0M2EN PUCE rm m,—*O✓m0 oaeoptod by fhe City Ccand of EdM Pnkh NMnemfo.of a rowtor mmHg
Ife, AuM;TWd A M~held Mb___der of 18___ If 4*kcbk the Mtttm as tv and neanmendefbna of
Me Ca Ie.M W of I mo-fefM and Me Cmnty NAplsey Enpheer Imn bee,r oI elf by the CRY m Me pnxrLM M doy
Me lo's q MSbwnmf em oMOMedped babe me fhh doy oI �NI_�by PbM Klbfor PnoroMf of Patrol he.,a AFnnerofa Pen'ed hm okpmd MfhmI rsoW of s be—Mts and re,M obit 4 m P—Mod by mkmemfe Slolufe4 SmfM
Capaofkn m b"I of Me
Corporofbn. M0,SIbdv M 2
By An OgwCIL Or cm wruE MOKCJ M
Nolary Publk. Camfy mMomb
Ny Ce,enbMe,Elpkes BY By
Nopr CRY me,apr
0/MIN mm"m 0~11Ierr.mmn4eln county Nknemfe
I hereby aorflfy Mot Mms peyabb M a Pdor pore hem boor poid b tone s.,ae.d m Mh Prot.Voted
M_obr of stL.
Petra N.0100—.flrmapir CaMly Aad/fa By
DePufy
KOWT ynrlfrR INnnepM Caunfy mkmmfo
PM—Mf to 4ANe0.SEA I.See MAWS(1968)Mb plot hm boon cPpr—of this_day of 20
ll M P.DVeM.NMnepM f. 1r S✓vepr By
mmn»dr an=m-"Leanfy--to
I hereby notify Met Me Mlhk pbI of fIG1tlZ0`f PUCE roe Bed M this offk'e Mb______der of
----ZO_—of _e'Vace__N.
tllahoel m.C.—M.R.plsbv of Bmee By
Omafy
Westwood
.rdslonal sBrNiar.Inc.
LShout I of 2 shouts
F _
HORIZON PLA CE _
/ - - R.T. DOS NO.
41.0
"Nov It G•U•N'-M 170•q =s_ \Iy�V •i \J�
N.iI �•107 i \
'•� � i., � — i mil— h.J .t�f, fvC`. f�
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Q `ham Yy. ]�+`°" � —
/
� O
/
eo o 00 110 I80
/
Sella F Mf
/ wa d�Y•M1a� /
o dtft Ifp.rwn Feb by la Mon manam•rf
-9 ans Mf w sy LA---n•tJtly
/ ♦ / • Onafaa bmM I/1 IMi by/1 YMi Man marwnant
j �♦ j / Q DIn•les Cerf Iev,M/n—t
\♦ / —0—Owafer MFina•te 0p —f or
;�;/ / ••nap••l•ffan A—f:-W
Westwood
Lsbe.t 2 e/2 Ma•b
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.01-5527 ITEM NO.:
Randy Newton Approve Change Order No. 2 for the TH 212 at VII. G.
Public Works/Engineering Prairie Center Drive Intersection Improvement
Requested Action
Move to: Approve Change Order No. 2 for the TH 212 at Prairie Center Drive Intersection
Improvement Project in the amount of$43,030.46
Synopsis
This change order is a result of various field revisions that were required during the construction
of the project. The project was substantially completed in the Fall of 2005 and no additional
change orders are expected.
Background Information
The TH 212/Prairie Center Drive project was substantially completed in the Fall of 2005 and
had been fully open to traffic since that time.
Change Order No. 2 results in a$43,030.46 increase in the total contract amount. However,
based on the actual construction quantities and including both Change Orders No. 1 and No. 2
the total construction cost for the project will be approximately equal to the original contract
amount of$1,624,230.
The TH 212/Prairie Center Drive project included the construction of double left turn lanes on
all approaches to the intersection and an eastbound to southbound right turn acceleration lane.
Financial Implications
The costs associated with the TH 212/Prairie Center Drive project will be paid from the Major
Center Area Construction Fund.
Attachments
• Change Order No. 2
March 28,2006
CHANGE ORDER NO.2
Project: TH212 and Prairie Center Drive
Eden Prairie,Minnesota
SP 2744-57
City Project No.01-5527
To: Midwest Asphalt Corporation
You are hereby directed to make the changes noted below in the contract.
Measured
ADD the following costs to the contract: Unit Unit Price Quaritt Amount
1. Additional Work
a. Modular block retaining wall SQ FT $33.50 239 $8,006.50
2. Work Order 6
a. Storm sewer conflicts Lump Sum $3,841.38 1 $3,841.38
3. Additional Work
a. Type D sign installation Lump Sum $550.00 1 $550.00
4. Additional Work
a. Mobilization Each $2,000.00 1 $2,200.00
b. B624 hand formed curb Lin Ft $27.50 102 $2,805.00
c. B618 hand formed curb Lin Ft $27.50 327 $8,992.50
5. Additional Work Each $210.33 10 $2,103.30
a. Steel manhole adjustments Each $94.37 10 $943.70
b. Steel gate valve adjustments
6. Additional Work Lump Sum $6,304.88 1 $6,304.88
a. Sprinkler system
7. Additional Work Lump Sum $4,183.20 1 $4,183.20
a. Changing modified oil
8. Additional Work Lump Sum $3,100 1 $3,100
a. Additional material hauled off-site
$43,030.46
TOTAL ADDITIONS
ORIGINAL CONTRACT AMOUNT $ 1,624,229.83
CHANGE ORDER NO. 1 $31,141.93
CURRENT CONTRACT AMOUNT $ 1,655,371.76
TOTAL ADDITIONS—CHANGE ORDER NO.2 $43,030.46
TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $43,030.46
TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $1,698,402.22
1
THE ABOVE AN O CHANGES ARE APPROVED:
SRF CONSULTING GROUP,INC. CITY OF EDEN PRAIRIE
By By
Project Engineer City Manager
Date Date
THE ABOVE CHANGES ARE ACCEPTED:
MIDWEST ASPHALT CORPORATION CITY OF EDEN PRAIRIE
By By
Mayor
Date Date
CHANGE ORDER NO.2
2
Project: TH212 and Prairie Center Drive
Eden Prairie,Minnesota
SP 2744-57
City Project No.01-5527
ITEM DESCRIPTION OF CHANGES
1. Additional Work
a. Modular Block Retaining Wall: A block retaining wall was constructed along Taco Bell drive thru to minimize
impacts to the Taco Bell drive thru lane and provide an area to replace landscaping materials.
2. WORK ORDER NO.6
a. Storm Sewer Conflicts: Catch basin No 121,210, 120 and 120A required field modifications of the pipe opening to
best fit the existing storm sewer profiles which were different than shown in the Plan. Manhole 116 was not able to be
used due to alignment of existing storm sewer pipe and had to be restocked by contractor. Manhole 118 had to be saw
cut in order to sufficiently lower the structure below the proposed road profile and required a new top slab.
3. Additional Work
a. Type D Sign Installation: Due to the thickness of the existing bituminous and concrete pavement sections at the
location of the type D sign,the posts were changed to Telespar post connection. This required core drilling a 12"hole
into the concrete median and furnishing of the Telespar post connection and devices. The approved plans included a 6"
core drilled hole for posts.
4. Additional Work
a. Concrete Work: An additional full crew mobilization was required due to a change in curb grades and removal of
additional bituminous pavement. Hand formed curb was required in three locations due to lack of bituminous pavement
removed to permit use of a curb machine.
5. Additional Work
a. Steel Adiustin Rings: Steel adjusting rings were approved for use by the City of Eden Prairie to raise gate valve and
manhole covers. These were used where the cross slope of the road did not produce a difference in elevation that
required the gate valve or manhole to be adjusted conventionally to match the pavement elevation.
6. Additional Work
a. Sprinkler System: Additional time and material was required to provide a sprinkler system that met City Standards
while repairing the existing sprinkler systems impacted by the improvements. This additional work was not included in
the original contract as the exact locations of the sprinkler systems were unknown.
7. Additional Work
a. Change Modified Oil: Last minute cancellation of bituminous wear course paving resulted in the modified E oil
being used where B oil was required. The payment is for the difference in the higher priced E oil and B oil.
8. Additional Work
a.Additional Material Hauled Off-site: Poor soils resulted in changes to the pavement section that added thickness to the
select granular borrow and aggregate base class 5 quantities. This resulted in additional material being hauled off-site,
where originally it was to remain on-site.
H.I CiviAIn-Construction 14 7751 Ch angeOrder2.doc
3
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5669 ITEM NO.:
Mary Krause Award Contract for 2006 Bituminous Crack VII. H.
Public Works/Engineering Sealing
Requested Action
Move to: Award contract for 2006 Bituminous Crack-Sealing to Precision Sealcoating, Inc., in
the amount of$153,800.
Synopsis
Sealed bids were received Thursday,April 6, 2006 for the 2006 Bituminous Crack Sealing. Five
bids were received as follows:
Precision Sealcoating, Inc. $153,800.00
American Pavement Solutions $183,600.00
ASTECH Corporation $198,000.00
Bergman Companies $206,000.00
Farner Asphalt Sealers $212,000.00
Background Information
Street bituminous crack filling is an annual street maintenance project in preparation for the 2006
seal coat project. The quantities were increased to crack-seal some of the recently overlay areas
as well as a portion of the proposed 2007 sealcoat project area in order to provide a higher level
of maintenance as well as to get a"jump" on maintenance for 2007. This resulted in an over-run
regarding the 2006 budget; the funding for this project is through budget #1707-6339, with a
budget of$120,000.00. The remainder of the monies to fund the project will be through the
Pavement Management Fund.
Staff recommends award to Precision Sealcoating, Inc.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.05-5642 ITEM NO.:
Al Gray Receive Petition for Hilltop Road VII. I.
Public Works/Engineering
Requested Action
Move to: Adopt resolution receiving petition for Hilltop Road, I.C. #05-5642
Synopsis
A petition signed by 15 of 31 abutting property owners representing 50%of abutting property on
Hilltop Road for street and utility improvements has been received.
Background Information
Council ordered a study of street and utility improvements for Hilltop and Valley Road in 2005.
Staff has hosted two informational meetings with both neighborhoods. Hilltop residents have
petitioned the City to proceed with improvements. Valley Road residents continue to discuss
and evaluate their neighborhood.
Staff recommends proceeding with Hilltop improvements,based on the petition.
Attachments
• Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO.2006-
RESOLUTION RECEIVING PETITION FOR PUBLIC E%IPROVEMENTS
WHEREAS, the City has received a petition for Street, sanitary sewer, watermain and storm
drainage improvements on Hilltop Road (I.C. 05-5642).
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council that the petition for
Hilltop Road street and utility improvements has been signed by more than 35% in frontage of the
real property abutting Hilltop Road.
ADOPTED by the Eden Prairie City Council on April 18,2006.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 05-5642 ITEM NO.: VII. J.
Al Gray Receive Feasibility Report and Set
Public Works/Engineering Public Hearing for Hilltop Road
Improvements
Requested Action
Move to: Receive feasibility study report and adopt Resolution setting a public hearing for
Hilltop Road Improvements.
Synopsis
Council authorized a study of street and utility improvements for Hilltop Road and Valley Road
in January,2005. The Hilltop neighborhood has expressed their support to proceed with
improvements, in the form of a petition signed by 15 of the 31 abutting property owners,
representing 50%of abutting property.
Background Information
The Hilltop Road area is a residential neighborhood of 30 lots dating back to 1952, when the plat
of Eden Heights was approved. The homes are served today by private well and septic systems.
Hilltop Road shares a common intersection with the west entrance to Grace Church on Eden
Prairie Road. Improvements to Eden Prairie Road in 2002 and the Riley Creek Ridge
subdivision in 1997 have provided sanitary sewer and watermain connections at the east and
west end of Hilltop Road.
Attachments
• Feasibility Study
• Resolution
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HILLTOP ROAD
FEASIBILITY STUDY
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Street and Utility Improvements
H Improvement Contract No. 05-5642
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y SEH Inc.
10901 Red Circle Drive
a y Suite 200
t�' Minnetonka,MN 55343
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS ............................................................................................I
CERTIFICATION ...................................................................................................2
REPORT CONTENT
I. INTRODUCTION..................................................................................3
II. STREET and STORM SEWER...................................................................3
III. WATERMAIN ......................................................................................4
IV. SANITARY SEWER.............................................................................. 5
V. PROJECT COST SUMMARY................................................................... 5
VI. CONCLUSIONS AND RECOMMENDATIONS .............................................6
PRELIMINARY ASSESSMENT ROLL ..........................................................................6-b
PUBLIC HEARING NOTICE .............. ........................................................................7
PROJECTSCHEDULE..............................................................................................8
TABLE I-ESTIMATED COSTS ................................. ........................................... 9
TABLE II—ADDITIONAL FEES .............................................................................. 10
TABLE III—SUMMARY of FUNDING SOURCES .......................................................... 1 I
Figure No. 1 STREET and STORM DRAINAGE IMPROVEMENTS
Figure No.2 WATERMAIN IMPROVEMENTS
Figure No.3 SANITARY SEWER IMPROVEMENTS
Page 2
CERTIFICATION
I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly
registered Professional Engineer under the laws of the State of Minnesota.
Alan D. Gray Reg.No. 11023
April, 2006
Date
Page 3
I. INTRODUCTION
This report presents the results of a preliminary engineering study of sanitary sewer, watermain, streets and
storm drainage for the Hilltop Road neighborhood in the southeast quarter of Section 2, Township 116, Range
g p g q P
22,Hennepin County,Minnesota.
The City Council authorized a Feasibility Study of street and utility improvements to Hilltop Road and Valley
Road on January 18, 2005. Staff and residents of both neighborhoods have met twice and discussed
improvements and proposed assessments. Hilltop residents have petitioned the City to proceed with
improvements in their neighborhood. Staff has determined the Hilltop improvements can proceed efficiently
and effectively,independent of Valley Road improvements and therefore present this modified project.
This single family neighborhood was created in 1952 as part of a plat titled "Eden Heights." In the original
plat, fifteen lots fronted Hilltop Road. Since development began, homes along Hilltop Road have utilized on-
site wells and septic systems.
Since the original plat of Eden Heights was recorded in 1952, all but one of the original lots abutting Hilltop
Road have subdivided. Today, twenty-eight single-family lots abut Hilltop Road. A review of the
neighborhood finds that three of the current lots have additional subdivision potential abutting Hilltop Road.
In recent years, street and utility improvements adjacent to this neighborhood have included provisions for the
extension of utilities into the neighborhood. In 1997, the development of Riley Creek Ridge neighborhood
stubbed sanitary sewer and watermain to the west end of Hilltop Road. In 2002, sanitary sewer and watermain
was stubbed to the east end of Hilltop Road and the intersection of Hilltop Road and Eden Prairie Road was
improved as part of the Charlson Area improvements. These improvement projects provide the foundation for
the extension of improvements into the neighborhood. This study presents proposed infrastructure systems
benefiting the Hilltop Road neighborhood together with proposed assessments for each benefited property, in
accordance with City assessment policy.
H. STREET and STORM SEWER
Hilltop Road extends west from Eden Prairie Road approximately 1,770 feet to the west boundary of the
original Eden Heights plat. The right-of-way is sixty feet in width. A thirty-three foot wide cartway was
platted north and south along the west boundary of the plat. No provision was made in the 1952 plat for right-
of-way to construct a cul-de-sac on the westerly end. The street currently has a bituminous surface without
curb and gutter or effective storm drainage that is in fair to poor condition. This pavement was installed
approximately 25 years ago. Residents paid for the materials and public works crews did the installation. This
was intended as a temporary surface until such time utility installation would warrant permanent street
improvements. There is no current salvage value to the pavement and the original cost paid by residents is not
applicable to maximum assessments, per City policy. An erosion problem exists along the property line
between parcels 15 and 16,as identified on Figure 1.
Utility construction will entirely obliterate the existing bituminous surface. It is recommended that the existing
street be reconstructed 28-feet wide, with granular base, bituminous surface and mountable concrete curb and
gutter. It is desirable to add a cul-de-sac at the west end. Additional right-of-way may be required. It is
anticipated that parcels 14 and 15 abutting Hilltop Road at the west end, will be the subject of further
Page 4
subdivision in the future. It will be desirable to coordinate a final cul-de-sac design with future plans for these
properties. If identification of a cul-de-sac plan coordinating with future subdivision is difficult, a temporary
termination feature, such as utilized in new developments, may be desirable until a permanent facility can be
implemented through subdivision of one or both of the most westerly abutting properties.
The proposed storm sewer improvements are shown on Figure 1. The proposed system depicted in green
consists of catch basins and pipe within Hilltop Road and an outlet pipe extending south approximately
sixteen-hundred feet to an existing pond adjacent to Riley Creek. This pond was constructed as part of the
Riley Creek Ridge subdivision improvements and was designed to provide water quality and attenuation for
storm drainage from this drainage area.
South of Valley Road, the storm sewer system will be constructed through Metropolitan Airport Commission
(MAC)property to an outlet in the existing pond. Agreements with the MAC will be required to proceed with
this alignment. The MAC will be primarily concerned with minimizing the creation of habitat that may attract
waterfowl into the area. To minimize this potential, it may be desirable to design infiltration areas into the
neighborhood to reduce the volume of runoff to the pond. The cartway area on the westerly end of the
neighborhood, between Hilltop Road and Valley Road, may be a potential area for infiltration. This area and
others will be evaluated during final design.
The estimated cost for the improvements depicted on Figure 1, as shown on Table 1, is $688,860. Storm
sewer capacity is included for future Valley Road improvements. The storm sewer cost assignable to future
Valley Road improvements is $78,760. The City will reserve the right to assess this cost in the future to
properties abutting and benefiting from Valley Road street improvements. The remaining cost assignable to
Hilltop Road is$610,100.
A total of 28 properties will benefit from the proposed street improvements. All properties are zoned for
residential use. All properties will benefit from the proposed improvements in proportion to their potential
number of residential units taking access to Hilltop Road. The preferred apportionment method is therefore
the "lot unit" method. Each property is assigned an estimated number of lot units of benefit based on its
configuration, topography and placement of existing structure. The estimated lot unit potential for each
property is shown on the Preliminary Assessment Roll. The total number of lot units on Hilltop Road is 31.
Based on the estimated cost of$610,100 for Hilltop street improvements and 31 total lot units,it is proposed to
assess each property $19,680. The proposed lot units and assessment amount for each property is shown on
the Preliminary Assessment Roll.
III. WATERMAIN
The proposed watermain improvements are shown on Figure 2. The system will consist of an eight-inch main
with one-inch service stubs to each lot unit, hydrants spaced to provide adequate fire protection and valves for
the isolation of segments to accommodate maintenance.
The estimated total cost of the watermain system depicted on Figure 2 is$212,200. One half of the watermain
system that is within that portion of the system in the cartway along the west boundary of the project is
assignable to the Valley Road neighborhood. The estimated cost for the Valley Road share is $6,400. The
cost assigned to the Hilltop neighborhood is $205,800. It is proposed to assess the full cost of the
neighborhood improvements to the benefited properties.e rties.
As discussed in the previous section of this report,a lot unit method of assessment is preferred. Parcels 15 and
Page 5
28 are connected to the existing segments of watermain depicted on Figure 2 and have paid connection fees.
The remaining parcels are assigned 29 total lot units,as shown on the Preliminary Assessment Roll. Based on
a total cost of$205,800 for neighborhood watermain improvements and 29 benefiting lot units, it is proposed
to assess each lot unit $7,096. The assigned lot units and proposed assessments for each parcel is shown on
the Preliminary Assessment Roll.
Trunk utility assessments of$520 are also proposed for each parcel receiving lateral sewer and water service.
These assessments finance the construction of larger diameter watermains, sanitary sewers, water treatment
facilities, wells, elevated storage and other major components of the City's distribution and collection system.
Parcels that subdivide in the future may be subject to additional trunk assessments determined on an area basis
at the time of subdivision. As noted on the Preliminary Assessment Roll, certain parcels have been previously
assessed for trunks.
IV. SANITARY SEWER
The proposed sanitary sewer improvements are shown on Figure 3. The system consists of eight-inch gravity
pipes, manholes spaced to accommodate service and four-inch service stubs to each lot unit. The total
estimated cost for the system as shown on Table 1 is $179,480. It is proposed to assess the full cost of the
neighborhood improvements to the benefited properties.
As discussed in the previous sections of this report, a lot unit method of assessment is preferred. Parcels 12,
13, 15 and 28 are connected to existing sanitary sewer and have paid connection fees or participated in the cost
of extending sanitary sewer. The remaining parcels are assigned 27 lot units as shown on the Preliminary
Assessment Roll. Based on a total cost of$179,480 for sanitary sewer improvements and 27 benefiting lot
units, it is proposed to assess each lot unit$6,648. The assigned lot units and proposed assessments for each
parcel is shown on the Preliminary Assessment Roll.
V. PROJECT COST SUMMARY
Table I summarizes the estimated cost for the various components of the project. These costs are based upon
anticipated construction costs assuming adequate subsurface soil conditions. Easement costs,if incurred,will
be added to project costs and assessed. Table 2 summarizes the sources of financing for the project.
City Assessment Policy adopted in 1989 and revised in 2000 established the concept of a maximum amount to
be assessed for street, lateral sanitary sewer and lateral watermain improvements for homesteaded properties.
The maximum amount is adjusted annually, based on the Engineering News Record Construction Cost Index.
Based on the current index,the maximum amount for 2006 is 27,000. The total proposed assessment to each
residential property for this project is $33,424. For each property subject to the maximum assessment, an
adjusted assessment is shown on the Preliminary Assessment Roll. The adjustment reflects the difference
between the proposed amount of$27,000 and the maximum amount of$33,424. Twenty-seven parcels are
expected to qualify for the adjustment at $6,311 per parcel for a City expense of$170,384. It is proposed to
finance the City share from stormwater utility($4,074 per parcel)and trunk utility($2,237 per parcel).
Also, in accordance with City Assessment Policy, homesteaded parcels may be excluded from the assessment
district for trunk and lateral sanitary sewer and watermain improvements for a period of five years or until
connection occurs. No additional interest will be added to the final assessment amount during this exclusion
period. This benefit is provided to homesteaded property owners in recognition of the expenses incurred to
install on-site systems. The amount for each property eligible for exclusion totals $252,030, including trunk,
and is shown on the Preliminary Assessment Roll in the column labeled"2012 Levy."
Page 6
will a City access fees
In addition to the assessments proposed, each residential unit connecting to utilities pay ty ,
Metropolitan Council Environmental Services access fee, City permit fees and a water meter fee. The 2006
fees are shown on Table 3. The actual fees are paid at time of connection at the rates in effect for the year in
which connection is made.
VIL CONCLUSIONS AND RECOMMENDATIONS
Based on this study,Improvement Contract No. 05-5642 is feasible,cost effective,necessary,and the resulting
benefit will equal or exceed the proposed assessments to the abutting properties. It is therefore recommended
that the Eden Prairie City Council proceed with the project on a schedule similar to the one suggested in this
report.
Page 7
CITY OF EDEN PRAIRIE
NOTICE OF HEARING ON PROPOSED
PUBLIC WORKS IMPROVEMENTS
I.C. 05-5642
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the Administration Building,
8080 Mitchell Road, at 7:00 p.m. on May 2, 2006 to consider the making of the following described
improvements:
I.C.05-5642— Hilltop Road street and utility improvements located in the Southeast Quarter of
Section 2,Township 116,Range 22,Hennepin County,Minnesota
Pursuant to Minnesota State Laws, Section 429.011 to 429.111, the area proposed to be assessed for such
improvements is all that property within or abutting on the above described limits. Written or oral comments
relating to the proposed improvements will be received at this meeting.
By Order of the City Council
Kathleen Porta,City Clerk
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55343
Publish:
Page 8
PROJECT SCHEDULE
(LC. 05-5642)
April 18,2006 Present Feasibility Report to City Council
April 12,2006 Deliver Notice of Public Hearing to Eden Prairie Sun Current Newspaper
Publish April 20 and April 27,2006
April 17,2006 Mail Notice of Public Hearing to Public
May 2,2006 Hold Public Hearing,Order Improvements and Preparation of Plans and
Specifications
May 16,2006 Approve Plans and Specifications and Order Advertisement of Bids
May 25,2006 Advertise for Bids in Eden Prairie Sun Current Newspaper and Construction
Bulletin on May 25 and June 1,2006
June 15,2006 Open Bids
June 20,2006 Final Assessment Hearing for Streets Improvements and Award Contract
November,2006 Substantial Completion
June,2007 Final Completion
Spring,2007 Assessments First Appear on Tax Statements
Page 9
TABLE 1
ESTIMATED COSTS
EDEN PRAIRIE IMPROVEMENT CONTRACT No.05-5642
HILLTOP ROAD SANITARY SEWER,WATERMAIN,STORM SEWER and STREET
Street &Storm Sewer Watermain Sanitary Sewer Total
Construction $506,514 $160,290 $130,059 $796,863
Engineering $101,303 $35,262 $28,612 $165,177
Administration 9% $45,587 $5,427 $11,705 $62,719
Capital Interest $35,456 $11,221 $9,104 $55,781
COLUMN TOTALS S688,860 $2124110 $179 48fl 1080
Page 10
TABLE II
ADDITIONAL FEES
(2006 RATES)
METRO SEWER ACCESS CHARGE..................................................................................$1,200
CITY SEWER ACCESS CHARGE.........................................................................................$520
CITY WATER ACCESS CHARGE ...........................................................................$2,190
CITYPERMIT FEE ........................................................................................... ..$30.50
WATERMETER FEE ....................................................................................... $222.50
TOTAL $4,163
NOTE: This amount(subject to annual adjustments)is collected as a fee at the time a permit is issued to
connect a home to the sewer and water system and is applicable for all new and existing connections
in the City.
Page 11
TABLE III
SUMMARY OF FUNDING SOURCES
STREET AND UTILITY ASSESSMENTS........................................................................$824,996
FUTURE VALLEY ROAD ASSESSMENTS......................................................................$85,160
TRUNK UTILITY FUND..............................................................................................$60,384
STORMWATER UTILITY FUND.................................................................................$110,000
TOTAL PROJECT COST.........................................................................................$1,080,540
Page 12
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
RESOLUTION RECEIVING FEASIBILITY REPORT and
SETTING PUBLIC HEARING
WHEREAS, a report has been given by the City Engineer, recommending the following
improvements to wit:
I.C. 05-5642 Hilltop Road Street and Utility Improvements
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
1. The Council will consider the aforesaid improvements in accordance with the report and
the assessment of property abutting or within said boundaries for all or a portion of the cost
of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated total
cost of the improvements as shown.
2. A public hearing shall be held on such proposed improvement on March 7, 2006 at 7:00
p.m. at the Eden Prairie City Hall, 8080 Mitchell Road. The City Clerk shall give
published and mailed notice of such hearing on the improvements as required by law.
ADOPTED by the Eden Prairie City Council on April 18,2006.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
— --- _—. ...... ...........
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EDEN PRAIRIE ROAD
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EDEN PRAIRIE ROAD
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SANITARY SEWER
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5642 ITEM NO.:
Mary Krause Approve Professional Services Agreement VII. K.
Public Works/Engineering with SEH for the survey and final design
services of the Hilltop Road Improvement
Project.
Requested Action
Move to: Approve Professional Services Agreement with SEH for the survey and final design
services of the Hilltop Road Improvement Project.
Synopsis
Completion of the Eden Prairie Road project along the west boundary of the Grace Church
property in 2004 provided lateral sanitary sewer and watermain to the boundary of the Hilltop
Road neighborhood. The survey and final design of the Hilltop Road project will allow the
project to proceed in accordance with the Feasibility Study for this project.
Background Information
The Hilltop Road neighborhood located west of the Grace Church is one of the two remaining
older neighborhoods of more than 25 homes not serviced by public utilities. Due to the existing
structural condition,Hilltop Road is weight restricted to six tons year-round. There are erosion
issues in the neighborhood from lack of adequate storm sewers.
Financial Implications
The agreement with SEH is in the amount of$67,184 and includes survey and final design of
plans for the Hilltop Road Improvement Project.
Attachments
• Professional Services Agreement
J
SEH
April 11,2006 RE: City of Eden Prairie
Reconstruction of Hilltop Road
Design and Bidding Phase Services
SEH No.P-EDENP0601.00 10
Alan D.Gray,PE
City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Dear Alan:
Short Elliot Hendrickson Inc.(SEH)thanks you for the opportunity to assist the City of Eden Prairie
(City)with the referenced project. For your reference,we have enclosed a location map for the limits of
the project labeled Exhibit A.
We will provide the services to the City as outlined in the enclosed Task Hour Budget(THB)within the
project area for a not-to-exceed fee of$67,184. The footnotes at the end of the THB contain our key
assumptions regarding the scope of our work. Our not-to-exceed fee includes reimbursable expenses.
Based on the latest construction cost estimate,our fee amounts to approximately 9.6%of the estimated
construction cost. This percentage is inclusive of the storm water infiltration investigation.We will bill
you monthly on an hourly basis for our labor and reimbursable expenses. We will only proceed with
additional work following your authorization.
Work shall be done in accordance with the City's General Conditions Consultant Agreement. A copy of
this document is included in Exhibit B.
This letter agreement,Exhibits A and B,and the THB represent the entire understanding between the City
and us with regards to the project.
We are looking forward to assisting the City with design and bidding phase services for this project. If
this letter satisfactorily defines our role in this project,please sign and date both letters and return one to
me at the address shown on ..........
pnasko(c-sehinc.com with questions or comments.
Sincerely,
Paul J.Pasko III,PE
Project Manager
Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka,MN 55343-9301
SEH is an equal opportunity employer I www.sehinc.com 1 952.912.2600 1 800.734.6757 1 952.912.2601 fax
Alan D.Gray,PE
April 11,2006
Page 2
Accepted this day of ,2006
By the City of Eden Prairie
Nancy Tyra-Lukens,Mayor Scott Neal,City Manager
jms
Enclosures
c: Dave Halter,SEH(with all enclosures)
Dan Cazanacli, SEH(with Exhibit A and THB)
Wayne Wambold, SEH(with Exhibit A and THB)
Al Horge, SEH(with Exhibit A and THB)
Deric Deuschle, SEH(with Exhibit A and THB)
u:\ekdenp\060100\lgenllproposal sheet 4 5 06.doo
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CITY OF EDEN PRAIRIE
GENERAL CONDITIONS
Consultant Agreement
SECTION 1: PROJECT INFORMATION
2.5 City agrees to render reasonable assistance requested by
1.1 City will provide to Consultant all known information Consultant to enable performance of work without delay or
regarding existing and proposed conditions of the site or which interference,and upon request of Consultant,to provide a suitable
affects the work to be performed by Consultant. Such workplace.
information shall include, but not be limited to site plans,
surveys, known hazardous waste or conditions, previous 2.6 City will be responsible for locating and identifying all
laboratory analysis results,written reports,soil boring logs and subterranean structures and utilities. Consultant will take
applicable regulatory site response(Project Information). reasonable precautions to avoid damage or injury to subterranean
structures and utilities identified and located by City and/or
1.2 City will transmit to Consultant any additions,updates,or representatives of Utility Companies.
revisions to the Project Information as it becomes available to
City,its subcontractors or consultants. SECTION 3: SAMPLES
1.3 City will provide an on-site representative to Consultant 3.1 Consultant may retain at its facility selected soil, water, or
within 24 hours upon request, to aid, define, supervise, or material samples for a maximum of 30 days after completion of
coordinate work or Project Information as requested by the work and submission of Consultants report,which samples
Consultant. shall remain the property of City. Unless otherwise directed by
the City,Consultant may dispose of any samples after 30 days.
1.4 Consultant will not be liable for any decision,conclusion,
recommendations, judgement or advice based on any 3.2 Disposal of contaminated or hazardous waste samples is the
inaccurate information furnished by City, or other responsibility of City. After said 30 days,City will be responsible
subcontractors or consultants engaged by City. to select and arrange for lawful disposal procedures that include
removal of samples from Consultant's custody and transporting
SECTION 2: SITE LOCATION,ACCESS,PERMITS, them to a disposal site. City may request, or if City does not
APPROVALS AND UTILITIES arrange for disposal, Consultant may deliver samples to City,
freight collect,or arrange for lawful disposal and bill City at cost
2.1 City will indicate to Consultant the property lines of the site plus 15%.
and assume responsibility for accuracy of markers.
SECTION 4: FEE PAYMENT/CLAIMS
2.2 City will provide for right-of-way for Consultant personnel
and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final
invoice upon completion of work. Invoices will show charges
2.3 City will be solely responsible for applying for and based on the current Consultant Fee Schedule or other documents
obtaining permits and approvals necessary for Consultant to as attached.
perform the work. Consultant will assist City in applying for
and obtaining such permits and approvals as needed. It is 4.2 To receive any payment on this Contract,the invoice or bill
understood that City authorizes Consultant to act as agent for must include the following signed and dated statement: "I declare
City for City's responsibilities under this section including under penalty of perjury that this account,claim,or demand is just
signing certain forms on City's behalf such as Right-of--Way and correct and that no part of it has been paid."_
---
forms.
4.3 The balance stated on the invoice shall be deemed correct
2.4 While Consultant will take reasonable precautions to unless City notifies Consultant,in writing,of the particular item
minimize any damage to property,it is understood by City that that is alleged to be incorrect within ten(10)days from the invoice
in the normal course of the work some damage may occur. The date. Consultant will review the alleged incorrect item within ten
correction of any damage is the responsibility of City or, at (10)days and either submits a corrected invoice or a statement
City's direction, the damage may be corrected by Consultant indicating the original amount is correct,
and billed to City at cost plus 15%. Notwithstanding the
above,Consultant agrees to be responsible for damage caused 4.4 Payment is due upon receipt of invoice(or corrected invoice)
by Consultant's negligence. and is past due sixty(60)days from invoice date. On past due
City of Eden Prairie General Conditions Exhibit B
Consultant Agreement
December 2000
Page I of 4
accounts,City will pay a finance charge of 1.5%per month on acquires,uncovers, or generates in the course of performing the
the unpaid balance,or the maximum allowed by law,whichever work, except as and to the extent Consultant may, in its sole
is less,until invoice is fully paid. discretion,deem itself required by law to disclose.
4.5 If City fails to pay Consultant within sixty (60) days SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES
following invoice date, Consultant may deem the default a
breach of its agreement, terminate the agreement, and be 6.1 In the event of a breach of Contract by City,the Consultant
relieved of any and all duties under the agreement. City shall not be entitled to recover punitive,special or consequential
however,will not be relieved of Fee Payment responsibilities damages or damages for loss of business.
by the default or termination of the agreement.
6.2 City will pay all reasonable litigation or collection expenses
4.6 City will be solely responsible for applying for and including attorney fees that Consultant incurs in collecting any
obtaining any applicable compensation fund reimbursements delinquent amount City owes under this agreement.
from various state and federal programs. Consultant may assist
City in applying for or meeting notification requirements, 6.3 If City institutes a suit against Consultant,which is dismissed,
however. Consultant makes no representations or guarantees as dropped,or for which judgement is rendered for Consultant,City
to what fund reimbursement City may receive. Consultant shall will pay Consultant for all costs of defense, including attorney
not be liable for any reductions from reimbursement programs fees,expert witness fees and court costs.
made for any reason by state or federal agencies,except as may
be caused by Consultant's negligence. 6.4 If Consultant institutes a suit against City,which is dismissed,
dropped,or for which judgement is rendered for City,Consultant
4.7 City may withhold from any final payment due the will pay City for all costs of defense, including attorney fees,
Consultant such amounts as are incurred or expended by the expert witness fees and court costs.
City on account of the termination of the Contract.
6.5 Dispute Resolution
SECTION 5: OWNERSHIP OF DOCUMENTS
6.5.1 Mediation
5.1 Consultant will deliver to City certain reports as
instruments of the professional work or services performed All claims, disputes and other matters in question (hereinafter
pursuant to this Agreement. All reports are intended solely for "claim")between the parties to this Agreement,arising out of or
City,and Consultant will not be liable for any interpretations relating to this Agreement or the breach thereof j shall be subject to
made by others. mediation. If the parties have not resolved the dispute within
thirty(30)days of receipt of a written complaint,each party may
5.2 City agrees that all reports and other work furnished to require the dispute be submitted for mediation. If the parties are
City,or City's agents or representatives,which are not paid for, unable to agree on a mediator within ten(10) days following a
will be returned to Consultant upon demand and will not be request for mediation,either party may request that a mediator be
used by City for any purpose. appointed by the Fourth Judicial District Court. The parties agree
to share equally all fees incurred in the mediation.
5.3 Unless otherwise agreed,Consultant will retain all pertinent
records or reports concerning work and services performed for The parties shall submit to mediation for a minimum of eight(8)
a period of at least two (2) years after report is submitted. hours. The parties agree that the mediation proceedings are
During that time the records will be made available to City private and confidential. If,at the end of eight hours ofinediation,
during Consultant's normal business hours. City may obtain the parties have not resolved the dispute,the parties may agree to
reproducible copies of all software,manuals,maps,drawings, extend hours of mediation.
logs and reports at cost,plus 15%,for data and materials not
being provided as part of the scope of work for the project. 6.5.2 Arbitration
5.4 City may use the Consultant report in its entirety and may At the option of the party asserting the same,a claim between the
make copies of the entire report available to others. However, parties to this Agreement, arising out of or relating to this
City shall not make disclosure to others of any portions or Agreement or the breach thereof, whereby the party or parties
excerpts of a report constituting less than the entire report,or to asserting the same claims entitlement to damages or payment of
mislead others by omitting certain aspects contained in the less than$25,000.00 in aggregate may be decided by arbitration in
report. accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association then existing unless the parties
5.5 Consultant will consider Project Information as confidential mutually agree otherwise. In the event any person shall
and will not disclose to third parties information that it commence an action in any court for any claim arising out of or
City of Eden Prairie General Conditions Exhibit B
Consultant Agreement
December 2000
Page 2 of 4
relating to this Agreement or the breach thereof or the Project reasons beyond Consultant's control.
or construction thereof or any contract for such construction,
the party making a claim in arbitration may dismiss such 7.4 Consultant will not be responsible or liable for the
proceedings(unless the hearing on the claim has commenced) interpretation of its data or report by others.
and elect to assert its claim in such action if such party could
have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION
The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and
AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's
rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those
having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom
Consultant is legally responsible. City will indemnify and hold
In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and
AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and
by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
6.5.3 Compliance
SECTION 9: INSURANCE/WORKER'S
The parties deem the dispute resolution procedure as set forth COMPENSATION
herein to be an integral and essential part of this Agreement. A
parry's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will
shall be a substantial breach of this Agreement. The maintain,during the performance of this agreement Worker's
arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn.
fees against a party that has failed to comply with the procedure Stat. 176.181,subd.2 and that the Certificate of Insurance or the
in all respects,and,may as a condition precedent to arbitration, written order of the Commissioner of Commerce permitting self
require the parties to mediate in accordance with Section 6.5.1 insurance of Worker's Compensation Insurance coverage
hereof provided to the City prior to execution of this agreement is current
and in force and effect.
SECTION 7: STANDARD OF CARE
9.2 Consultant shall procure and maintain professional liability
7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional
or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which
throughout the "entire" site or facility, Consultant cannot Consultant is legally liable.
warrant, represent, guarantee, or certify the non-existence or
non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request
contaminated conditions or materials, and City's obligation
under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION
delivery of any warranties, representations, guarantees, or
certifications. 10.1 The agreement between Consultant and City may be
terminated by either party upon thirty-(30)days written notice.
7.2 Consultant's opinions,conclusions,recommendations,and
report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the
of work,and Limitations of Environmental Assessments and no project, Consultant will receive an equitable adjustment of
warranties,representations,guarantees,or certifications will be compensation.
made. Except that Consultant warrants that hardware and
software will perform as represented in proposal and other
-parts-of-this agreement_
- - ..
7.3 Although data obtained from discrete sample locations will
be used to infer conditions between sample locations no
guarantee may be given that the inferred conditions exist
because soil, surface and groundwater quality conditions
between sample locations may vary significantly,and because
conditions at the time of sample collection may also vary
significantly with respect to soil, surface water and
groundwater quality at any other given time and for other
City of Eden Prairie General Conditions Exhibit B
Consultant Agreement
December 2000
Page 3 of 4
SECTION 11: ASSIGNMENT 17.1 The Consultant shall at all times abide by Minn.Stat.13.01
et seq., the Minnesota Government Data Practices Act, to the
11.1 Neither party may assign duties,rights or interests in the extent the Act is applicable to data and documents in the
performance of the work without obtaining the prior written possession of the Consultant.
consent of the other party, which consent will not be
unreasonably withheld. SECTION 18: DISCRIMINATION
SECTION 12: DELAYS In performance of this contract, the Consultant shall not
discriminate on the grounds of or because of race,color,creed,
12.1 If Consultant is delayed in performance due to any cause religion,national origin,sex,marital status,status with regards to
beyond its reasonable control, including but not limited to public assistance,disability,sexual orientation,or age against any
strikes,riots,fires,acts of God,governmental actions,actions employee of the Consultant,any subcontractor of the Consultant,
of a third party, or actions or inactions of City,the time for or any applicant for employment. The Consultant shall include a
performance shall be extended by a period of time lost by similar provision in all contracts with subcontractors to this
reason of the delay. Consultant will be entitled to payment for Contract. The Consultant further agrees to comply will all aspects
its reasonable additional charges,if any,due to the delay. 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
SECTION 13: EXTRA WORK Disabilities Act of 1990.
13.1 Extra work, additional compensation for same, and SECTION 19: CONFLICTS
extension of time for completion shall be covered by written
amendment to this agreement prior to proceeding,with any No salaried officer or employee of the City and no member of the
extra work or related expenditures. Board of the City shall have a financial interest,direct or indirect,
in this contract. The violation of this provision renders the
SECTION 14: WITHHOLDING TAXES Contract void. Any federal regulations and applicable state
statutes shall not be violated.
14.1 No final payment shall be made to the Consultant until the
Consultant has provided satisfactory evidence to the City that SECTION 20: ENTIRE AGREEMENT
the Consultant and each of its subcontracts has complied with
the provisions of Minn.Stat.290.92 relating to withholding of 18.1 This Agreement contains the entire understanding between
income taxes upon wages. A certificate by the Commissioner the City and Consultant and supersedes any prior written or oral
of Revenue shall satisfy this requirement. agreements between them respecting the written subject matter.
There are no representations, agreements, arrangements or
SECTION 15: AUDITS understandings, oral or written between City and Consultant
relating to the subject matter of this Agreement which are not fully
15.1 The books,records,documents and accounting procedures expressed herein.
and practices of the Consultant or other parties relevant to this
Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be
the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and
(6)years after the effective date of this Contract. Consultant.
SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of
Minnesota.
16.1 The Consultant shall pay to any Subcontractor within ten
(10)days of the Consultant's receipt of payment from the City
for undisputed services provided by the Subcontractor. The
_.
----Consultant shall-pay interest-of one-and-a-half percent---- ---- --- ---
(1-1/2%)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 Consultant
shall pay the actual amount due to the Subcontractor.
SECTION 17: DATA PRACTICES ACT COMPLIANCE
City of Eden Prairie General Conditions Exhibit B
Consultant Agreement
December 2000
Page 4 of 4
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.04-5611 ITEM NO.:
Ed Sorensen Approve Change Order No. 1 for VII. L.
Public Works/Engineering Construction of Well No. 15
Requested Action
Move to: Approve Change Order No. 1, decreasing the contract amount for construction of
Well House No. 15 in the amount of$3,040.31.
Synopsis
This change order is a result of a combination of a net quantity increase of$240.00, and
liquidated damages assessed to Keys Well Company for delays resulting in extra costs incurred
to the Well House contractor because of winter construction costs of$3,280.31, for a net
reduction in the contract cost of$3,040.31. The total cost of the well drilling portion of the
project is $213,634.69.
Background Information
Keys Well Company completed the well drilling at a net cost increase of$240. However,
completion of the well was beyond the scheduled completion date. The majority of the Change
Order is a reduction in the payment to Keys Well Company to offset the extra costs incurred by
the City due to extra changes by the well house contractor for winter construction.
Attachment
Change Order No. 1
I
COMPENSATING CHANGE ORDER
TKDA
Engineers-Architects-Planners
Compensating
Saint Paul,MN March 1 20 06 Project No. 13171.002 Change Order No. 1
To Keys Well Drilling Conanv
for Construction of Well No. 15
for City of Eden Prairie Minnesota
You are hereby directed to make the following change to your contract dated
November 23 ,2C 04 The change and the work,affected thereby is subject to all contract stipulations and
covenants. This Change Order will'(inerease)(decrease)(�ge)the contract sum by
Three Thousand Forty Dollars and 31/100 ...... ... .............. ..: ...... ....($ 3,040.31 ).
This change order provides for changes in the work of this contract according to the attached itemization. .
Actual Change in Quantities(Includes Item 22 from 3,000 SF to 10,000 SF for$2,000 increase) $ 240.00
liquidated Damages $ (3,280.31)
NFr CHANGE_ $ (3,040.31)
Amount of Original Contract $ 216,675.00
Additions approved to date(Nos. )
Deductions approved to date(Nos. )
Contract amount to date $ 216,675.00
Amount of this Change Order(Add)G)educ-} $ (3,040.31)
Revised Contract Amount $ 213,634.69
Approved City of Eden Prairie,Minnesota TKDA
Owner
B - BY -- &
Y
Michelle Gruenhagen,B.I.T.
Approved Keys Well Drilling Company White-Owner
Contractor Pink-Contractor
Blue-TKDA
By
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 04-5611 ITEM NO.:
Ed Sorensen Approve Change Order No. 1 for Construction of VI1.M.
Public Works/Engineering Well House No. 15
Requested Action
Move to: Approve Change Order No. 1 for increasing the contract amount for construction of
Well House No. 15 in the amount of$11,329.77.
Synopsis
This change order is a result of additional quantities for the well pump, outside piping, and
winter construction costs. The well driller did not complete the work on time,which required
additional winter costs. A separate agenda item reduces the contract amount to the well driller to
compensate the City for the extra winter construction cost.
Background Information
The well house contractor,Magney Construction Company, is responsible for the well pump
installation and the outside yard piping. The water level was deeper than originally planned and
bid prices reflected this. A lower water level required more pump piping for an additional cost
of$7,359. A 12"valve was added to the discharge piping, in the amount of$1,940.46. Winter
construction costs were in the amount of$2,031.31. The net change to the contract is
$11,329.77. This results in a total cost for the well house of$384,779.77.
Attachment
Change Order No. 1
CHANGE ORDER
TKDA
Engineers-Architects-Planners
Saint Paul,MN March-2 20 06 Comm No. 13171.004 Change Order No: 1
To Magnet/Construction Inc.
for Construction of Well Pumphouse No:15
for City of Eden Prairie,Minnesota
You are hereby directed to make the following change to your contract dated
Mat/17 2005 The change and the work affected thereby is subject to'all contract stipulations and
covenants: .This Change Order will(increase)(deeuease)(age)the contract sum by
Eleven Thousand Three Hundred Twenty-Nine and 77/100 Dollars.... ......($ 11,329.77 ).
This change order provides for changes in the work of this contract according to the following:`
a. 12"Valve and Accessories $ 1,940.46
b. Well Pump Modifications $ 7,359.00
c..Winter Costs $ 2,030.31
NET-CHANGE_ $ 11,329.77
Amount of Original Contras $ 373,450.00
Additions approved to date(Nos. )
Deductions approved to date(Nos. )
Contract ani mt to date. $ 373,450.00
Amount of this Change Order(Add) Vie) $ 11,329.77
Revised Contract Amount $ 384,779.77
Approved Gifu of Eden Prairie,Minnesota TKDA
Owner
By _ By
Michelle Gruenhagen,E.I.T.
Approved Magnet/Construction Company White-Owner
Contractor Pink-Contractor
Blu
e-TKDA
B
y
CHANGE ORDER
TKDA
Engineers-Architects-Planners
Saint Paul,MN March 2 ` 20 06 Comm No. 13171.004 Change Order No. 1
To Magney Construction,Inc
for Construction of Well Pumphouse No 15
for Cilia of Eden Prairie Minnesota
You are hereby directed to make the following change to your contract dated
May 17 2005 The change and the work affected thereby is subject to all contract stipulations and
covenants. This Change Order will(increase)(deefease)(aet-sl�ge)the contract sum by
Eleven Thousand Three Hundred Twenty-Nine and 77/100 Dollars..........................:.........($ 11,329.77 ).
This change order provides for changes in the work of this contract according to the following-
a. 12"Valve and Accessories $ 1,940.46
b. Well Pump Modifications $ 7,359.'00
c. Winter Costs' $ 2,030.31
NFr CHANGE $ 11,329.71
Amount of Original Contract $ 373,450.00
Additions approved to date(Nos. )
Deductions approved to date(Nos. )
Contract arrount to date. $ 373,450.00
Amount of this Change Order(Add)(Deduct)We Cl ge) $ 11,329.77
Revised Contract Amount $ 384,779.77
Approved City of Eden Prairie Minnesota TKDA
Owner
By BY
Michelle.Gruenhagen,E.I.T.
Approved Magnev Construction Comvanv White-Owner
Contractor Pink Contractor
Blue TKDA
By
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #04-5626 ITEM NO.:
Leslie Stovring Approve proposal to Provide Aquatic VII.N.
Public Works/Environmental Plant Surveys for Northwest and
Southwest Anderson Lakes
Requested Action
Move to: Approve proposal from Blue Water Science to conduct an Aquatic Plant Surveys for
Northwest and Southwest Anderson Lakes at an estimated cost of$7,900.
Synopsis
The aquatic vegetation inventory for Anderson Lakes will provide the City with data to evaluate
and analyze trends in aquatic vegetation prior to starting the Nine Mile Creek Watershed District
Water Quality Improvement Project. The survey will evaluate each lake for the presence or
absence of invasive species such as curlyleaf pondweed and Eurasian watermilfoil, delineate the
distribution of aquatic plants, and quantify existing aquatic plant densities to serve as a
benchmark for future reference. The costs will be paid out of the Stormwater Utility Fee.
Background
Nine Mile Creek Watershed District has requested that the City of Eden Prairie repeat its aquatic
plant survey for Northwest and Southwest Anderson Lakes in 2006. The District has a water
quality improvement project proposed for Anderson Lakes and they have requested the City's
assistance in gathering baseline data on the aquatic plant composition within these areas. The
intent is to restore a balanced habitat for native species within the lake.
The City has contracted aquatic plant inventories for lakes within the City since 1988. The first
quantitative aquatic plant survey was conducted in 2004. This survey did include those portions
of Anderson Lakes within the City. The survey methodology proposed for 2006 will provide:
• Quantitative data to measure plant distribution and abundance that can be used for statistical
analysis over time.
• Information on the density or nuisance factor for individual species.
• Baseline information for determining the success of the proposed plant management project.
The survey for Anderson Lakes will include submerged species as well as shoreline species to
provide a better picture of the whole lake habitat.
The Local Water Plan has a proposed budget of$10,000 for the Anderson Lakes Habitat and
Water Quality Study which would be funded through the Stormwater Utility Fund.
Attachments
• Proposal for Blue Water Science
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
TMS AG>tMMWT is made on the day of 20 between the
City of Eden Prairie, Minnesota.(hereinafter 'City"), whose business address is 8080 Mitchell Road,
Eden Prairie,MN 553444,and 3 WO AINTte 5 a►rsNLg a Minnesota corporation (hereinafter
"Consultant' whose business address is 5 50 5. S N 1�LL�N4 AUJO ST CAUL JU(N 5
PREL MNARY STATEMENT
The City has adopted a policy,regarding the selection and'hiring of consultants to provide a variety of
Professional services for City projects. That policy requires that persons,firms or corporations providing
such services enter into written agreements with the City. The purpose of this agreement is to set forth
the terms and conditions for the provision of professional services th
Consultant for J�n ,vVSq1 L alter p t,� �WU�f hereinafter referred to as
the"Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit"X9
in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described in
Exhibit A within the following timeframe unless otherwise agreed upon in writing:
3. Compensation for Services. City agrees to pay the Consultant S. �� q 00 for the services as
described`in Paragraph 1 (and Exhibit A)
A. Any changes in the scope of the work which may result in the compensation due the
Consultant shall require prior written approval by an authorized representative of the City
or by the City Council. The City will not pay additional compensation for services that do
not have prior written authorization.
B. Special'Consultants may be utilized by the Consultant when
required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the.City.
4. The City agrees to provide the Consultant with the complete information concerning the Scope of
the Work and--to-Per-form-the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary the City
shall obtain access to and make all provisions for the Consultant to enter upon public and
private lands or property as required for the Consultant to perform such services necessary
to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings,and other documents presented by the Consultant,
and shall inform the Consultant of all decisions required of City within a reasonable time
so as not to delay the work of the Consultant:
1 `_
C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria,
including but not limited to, design and construction standards they may require in the
preparation of the report for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative.
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis,itemized bills
for professional services performed under Section 4 of this Agreement. Bills submitted shall be
paid in the same manner as other claims made to the City.
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate
for each employee,his or her name,job title,the number of hours worked,rate of pay for
each employee, a computation of amounts due for each employee, and the total amount
due for each project task. Consultant shall verify all statement submitted for payment in
compliance.with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable
expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as
reasonably required by the City.
B. Suspended Work if any work performed by the Consultant is suspended in whole or in
part by the City, the Consultant shall be paid for any'services performed on account of it
prior to receipt of written notice from the City of such abandonment or suspension,all as
shown on Exhibit A attached hereto and incorporated herein by reference:
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed
for the,word of special consultants,as described in Section 3B, and for other items when
authorized in writing by the City. Such items shall include: transportation of principals
and employees on special trips to the Project or to other locations,materials and supplies,
and AutoCAD as required to expedite the work,and reproduction of reports.
7. Proj�amnand Sta�iiig. The Consultant has designated �- M( CS and
to serve on the Project. They shall be assisted by other staff
members as necessary to facilitate the completion of the Project in accordance with the terms
establi ed herein. Consultant may not remove or replace �,tre M c COW'11S or
90 S
Uc
from the Project without the approval of the City.
8
Standard of_Care. All Nork performed pursuant to this Agreement shall be in accordance:with
the standard of care in Hennepin County,Minnesota for professional services of the like kind..
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such ofthe Consultant's books and records as are pertinent to all services provided under
this Agreement. Any reports, information,data, etc. given to, or prepared or assembled by, the
Consultant under this Agreement which the City requests to be kept confidential shall not be made
available to any individual or organization without the City's prior written approval. All finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and
reports prepared by the Consultant shall become the property of the City upon termination of this
- 2
Agreement, but Consultant may retain copies of such documents as records of the services
provided
10. Term. The tern of this Agreement shall be from-MOLI .20�6 through, YI I-2Q_O-
the date of signature by the parties notwithstanding. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and
upon the terms and conditions as herein stated
11. Termination. This Agreement may be terminated by either party by seven(7)days'written notice
delivered to the other party at the address written above. Upon termination under this provision if
there`is no fault of the Consultant, the Consultant shall be paid for services rendered and
reimbursable expenses until the effective date of termination. If however,the City terminates the
Agreement because of the Consultant has failed to perform in accordance with this Agreement,no
further payment shall be made to the Consultant, and the City may retain another contractor to
undertake or complete the work:identified in Paragraph 1. If as a result,the City incurs total costs
for the work (including payments to both the present contractor and a future contractor) which
exceed a maximum Agreement amount,if any, specified under Paragraph 3, then the Consultant
shall be responsible for the difference between the cost actually incurred and the Agreement
amount.
12. Subcontractor. The Consultant shall not enter,into subcontracts for services provided under this
Agreement except as noted in the Scope of Work,without the express written consent of the City.
The Consultant shall pay any subcontractor involved in the performance of this Agreement within
the ten (10) days of the Consultant's receipt of payment by the City for undisputed services
provided by.the subcontractor. If the Consultant fails t within that time to pay the subcontractor
any undisputed amount for which the Consultant has received payment by the City,the Consultant
shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or
any part of a month The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is$10. For an unpaid balance of less than$100,the Consultant shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect
interest penalties from the Consultant shall be awarded its costs and disbursements, including
attorneys fees,incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
inddent contractor and not an employee of the City. No statement herein shall be construed
so as to find the Consultant an employee of the City.
14. Non Discrimination. During the performance of this Agreement, the Consultant shall not
- -discriminate against any:employee.-or applicants for...:employment::because of race, color,:.creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Consultant shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment. The
Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts
for program work, and will require all of its subcontractors for such work to incorporate such
requirements in all subcontracts for program work. The Consultant further agrees to comply with
all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of
the Civil Rights Act of 1 gh 964,and the Americans with Disabilities Act of 1990.
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15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,without
the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
17. Sever Uffty. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
1.8. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
.supersedes all oral agreements and negotiations between the parties relating to the subject matter
hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations,amendments,deletions,or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties, unless
othe rwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall
abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to
be provided. The Consultant and City,together with their respective agents and employees, agree
to abide by the provisions of the Minnesota Data Practices Act,Minnesota Statutes Section 13,as
amended, and Minnesota Rules promulgated pursuant to Chapter 13: Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided shall constitute a
material breach of this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver.:Any waiver by either party of a breach of any provisions of this Agreement shall not
affect,in any respect,the validity of the remainder of this Agreement.
21 Indemn kation. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability,claims,damages,costs,judgments,or expenses,including
reasonable attorneys fees, resulting directly or,indirectly from a negligent act or omission
(including without limitation professional errors or omissions) of the Consultant, its agents,
employees,or subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any respect, all
obligations under this Agreement.
22. Insurance.:
A. General Liability. During the term of this Agreement,Consultant shall maintain a general
liability insurance policy with limits of at_least $2,000,000 for each person, and each
--- ab _ _
occurrence, for both peersonal injury and property damage: This policy shalt name the City
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as an additional insured for the services provided under this Agreement and shall provide
that the Consultant's coverage shall be the i coverage in the event of a loss. The
p�►azY g
policy shall also insure the indemnification obligation contained in Paragraph No. 21. A
certificate of insu
rance on the City's approved form which verifies the existence of this-
insurance coverage must be provided to the City before work under this Agreement is
begun.
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B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will
protect Consultant from claims under the Worker's Compensation Acts and from claims
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for bodily injury, death, or property damage which may arise from the performance of
Consultant's services under this Agreement.
C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate
evidencing that they have in effect, with an insurance company in good standing and
authorized to do business in Minnesota, a professional liability insurance policy. Said
Policy shall insure payment of damage for legal liability arising out of the performance of
professional services for the City,in the insured's capacity as the Consultant,if such legal
liability is caused by an error,omission, or negligent act of the insured or any person or
organization for whom the insured is legally liable. Said policy shall provide an aggregate
limit of$2,000,000.
23. Records Access. The Consultant shall provide the City access to any books, documents,papers,
and records which are directly pertinent to the specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions, for three years after final payments and all other
Pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in
connection with the performance of the Agreement("Information') shall become the property of
the City. The City may use the Information for its purposes and the Contractor also may use the
Information for its purposes. Reuse of the Information for the purposes of the project
contemplated by this Agreement ("Project') does not relieve any liability on the part of the
Contractor,but any reuse of the Information by the City or the Contractor beyond the scope of the
Project is without liability to the other,and the party reusing the Information agrees to defend and
indemnify the other from any claims or liability resulting therefrom.
25. Dispute Resolution. Mediation. Each dispute,claim or controversy.arising from or related to
this Service Agreement or.the relationships which.result from this Agreement shall be subject
to mediation as a condition precedent to initiating arbitration or legal or equitable actions by
either party. Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with the American Arbitration
Association and the other party. No arbitration or legal or equitable action may be instituted for
a.period of 90:days from the filing of the request for mediation unless:a onger period of time is
provided by agreement of the parties. Cost of mediation shall be shared equally between the
parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually
agreed upon by the parties. The parties shall memorialize any agreement resulting from the
mediation in',a mediated settlement agreement, which agreement shall be enforceable as a
settlement in any court having jurisdiction thereof,
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---: Go►erring Lafv This Agreement shall be controlled by the laws of the State of Minnesota.
27. Conflicts No salaried officer or employee of the City and no.member of the Board of the City
shall have a financial interest,direct or indirect, in this contract. The violation of this provision
renders the Contract void. Any federal regulations and applicable state statutes shall not be
violated.
28. Claims To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this account,
claim,or demand is just and connect and that no part of it has been paid."
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29. Counterparts- This Agreement,may be executed in multiple counterparts each of which shall
be considered an original.
30. Whole Agreement. This Agreement constitutes the final and complete agreement of the parties
and shall supersede and replace any prior oral or written agreements between City and
Consultant. Any subsequent modifications must be in writing signed by both parties.
Executed as of the day and year Ent written above.
CITY OF EDEN PRAERILE
Mayor
City Manager
FIRM NAME
B .
Y
Its: OVV14
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6
a
550 South Snelling Ave '� 651.690.9602
St. Paul, MN 55116 (fax) 690.9602
mccomas@pciink.com
Exhibit A
QUOTE FOR ANDERSON LAKES PLANT SURVEYS
Date: March 17,2006
To: Leslie Stovring,Environmental Coordinator, City of Eden Prairie
From: Steve McComas,Blue Water Science
Anderson Lakes (NW Anderson and SW Anderson) Plant Surveys
Number of sites: The number of sample sites were established in each lake in 2004(are shown
on a chart on the next page).
Sample site data collection method: The following minimum information will be collected at
each sampling location. Methods for collection of each type of data are shown in parentheses.
• Water depth(calibrated pole)
• Plant species present(sampled with a rakehead.)
• Number of samples taken(4'samples per depth will be taken and then averaged for that
depth
• Plant height(calibrated pole)
• Plant"cover". (Although_true cover estimates maybe difficult from a boat the survey
results should at a minimum note"matted"areas vs. sparse vegetation; or some similar
descriptive estimate. We will use photographs to help explain the density measurement
system.)
Sample point location method. (point locations will be mapped and GPS locations will
be provided to allow for future sampling in the same locations. A hand-held Lowrance
GPS unit,with an accuracy of 3f meters will be used..)
All aquatic plant taxa located will be identified to the lowest possible taxonomic level(typically
at species level). Voucher specimens(pressed,dried,and labeled)will be provided for plants not
identified to species level or for difficult to identify taxa located in each lake. Nomenclature will
follow Hellquist and Crow(2000).
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Aquatic Plant Reports
Report Content: A summary report will be provided that s mmari7Qc results and conclusions of
the plant surveys for each lake."Each report will include aquatic plant maps showing plant
species distribution based on the field evaluation. The distribution of floating leaf species and in-
lake emergents such as buhush and arrowhead as well as invasive species such as curlyleaf
pondweed and Eurasian watermilfoil must be mapped and included in the report. Table.-
showing plant densities and percent occurrence of all submerged aquatic plants will also be
provided.
Final Report: We will prepare 3 copies of a final report for each lake.-All data will be supplied
in Microsoft Excel. The report will be provided in a Microsoft Word file. Maps will be
provided in ArcView or Adobe Acrobat. If the maps are provided in Adobe Acrobat,the location
data will be submitted in Excel so that the data can be transferred into ArcView in the future.
Samples Points and Cost Proposal
Lake Approx. Point Intercept Spring Fall Report Total Cost
Lake Area Survey Method Survey Survey Cost.
(acres) (Estimated Number Cost Cost
of Points)
Anderson-NW 185' 92 1,900 1,900 500 4,300
Anderson-SW 110 90 1,600 1,600 400 3,600
TOTAL $7,900
Total Quote: $7,900
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 02-5585 ITEM NO.:
Leslie Stovring Approve proposal to complete Phase I VII. O.
Public Works/Environmental of the Nondegradation Report for the
Services NPDES Stormwater Permit Program
Requested Action
Move to: Approve the proposal to complete Phase I of the Nondegradation Report by
Wenck&Associates in the amount of$20,090.
Synopsis
The City of Eden Prairie will be required to submit a new application for coverage under the
Phase II National Pollutant Discharge Elimination System(NPDES) Permit to the Minnesota
Pollution Control Agency(MPCA)by June 1, 2006. One requirement of the new permit is
preparation of a Nondegradation Report by September 1, 2007. The proposal is for completion
of Phase I of this permit requirement. Following is a summary of the three phases.
Phase I Collection and analysis of the data needed for preparation of a Loading Assessment
Phase II Assessment and modeling of the pollutant loadings into our lakes, creeks,wetlands
and ponds due to increased urbanization since 1988 and during future development.
This would include phosphorus,total suspended solids(sediment)and stormwater
flow volume (for example evaluation of creek bank erosion).
Phase III If significant pollutant loading is identified in Phase II,a Nondegradation Report will
be prepared that includes practices to reduce or mitigate pollutant loading to our
waterways. This could include construction of new stormwater ponds or rainwater
gardens, creek bank stabilization, or increased street sweeping in key watersheds.
Proposals for future phases will be submitted as the needs become known. The costs will be paid
out of the Stormwater Utility Fee.
Background Information
The NPDES Permit was promulgated in 1990 under the Clean Water Act(CWA)which is
administered by the Environmental Protection Agency(EPA). The MPCA has assumed the role
as the administrative agency for these requirements. The Permit was first issued in March 2003.
However, subsequent legal action has resulted in reissuance of the Permit,with an effective date
of June 1, 2006.
One new requirement of the revised permit is preparation of Nondegradation Reports by thirty
(30)cities to determine if additional control measures beyond those of the permit can be
reasonably be taken to minimize the impacts of stormwater discharges. The Cities were selected
based on population growth from 1990 to 2003 and projected population growth from 2000 to
2020. The City of Eden Prairie is 5t'on the list of the Selected 30 Cities. This means that the
Nondegradation Report, including a public comment period,must be completed by September 1,
2007. The Nondegradation Report must provide an analysis of significant new or expanded
discharges that have occurred since 1987. This includes modeling and analysis of our
stormwater discharges for Average Annual Flow Volume, Total Suspended Solids and
Phosphorus to our creeks, ponds,wetlands and lakes.
Wenck has provided a proposal for Phase I of development of our Nondegradation Report. The
actions included in Phase I are:
• Gather and analyze data and models that have been completed by the City, Watershed
Districts and other agencies.
• Evaluate land use and land cover data,with a focus on impervious surfaces in the
watershed. This will include LANDSAT(satellite images of the earth's surface) and
historical aerial photographs. LANDSAT images will be corrected to reduce the error in
the imperviousness estimates that were done by the MPCA.
• Review models and data collected by the Watershed Districts, including the data collected
for the Use Attainability Analyses(UAAs). The data will be reviewed for completeness
and applicability in relation to development of a Loading Assessment.
• Identify key features of development activities that were put in place after 1987 to protect
water quality, including review of all rules, codes, guidelines and ordinances under which
development took place from 1988 to present to provide a subwatershed understanding of
water quality treatment in the city.
• Develop information on known water quality treatment capacity and identify known
treatment devices and extrapolate for unknown areas.
• Develop instructions for City staff to link the City's water body database with GIS.
• Develop an approach for the Loading Assessment in the form of a Technical Memorandum
which outlines the results of the model and data review, imperviousness in the watershed
and water quality treatment capacity. The approach would be submitted to the MPCA and
the Watershed Districts for review and approval prior to beginning Phase 2.
The proposal includes a series of five(5)meetings with staff,watershed district personnel,the
MPCA and other permittees to evaluate the scope of work for the Nondegradation Report as well
as the proposed methodology for Phase 2. The MPCA will be included in each step to help
ensure approval of the process and results. Wenck estimates that 20 to 40 hours of staff time will
be required to assist with the data collection and analysis for Phase 1.
Wenck staff completed much of the background analysis that will be required for completion of
the Nondegradation Report, including the City's initial stormwater pond inventory,the Local
Water Management Plan(LWMP) and the Local Drainage Plan Update (LDPU) and are familiar
with the stormwater system in the City. Due to the time constraints associated with this project
and the amount of work required to prepare the report, Staff recommends using Wenck to
complete this project.
Attachments
• Proposal
Wenck Associates,Inc.
r ` Wenc
1800 Pioneer Creek Center
P.O.Box 249
Maple Plain,MN 55359-0249
(763)479-4200
Fax(763)479-4242
E-mail:wenckmp@wenck.com
April 13, 2006
Leslie Stovring-Environmental Coordinator
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Phase I Nondegradation Proposal
Dear Ms. Stovring:
Wenck Associates, Inc. is very pleased to submit this proposal to develop a loading
assessment for the City of Eden Prairie to comply with the NPDES Phase II
Nondegradation Requirements. Following is a list of tasks we developed to address
Phase I of the nondegradation assessment and plan required under the new NPDES Phase
II permit for the selected MS4s. These tasks will be completed on a cost basis for a not
to exceed amount of$20,090.
Ob'e� ctive
The purpose of the Phase I analysis is to provide the basis for developing the
nondegradation plan and involves reviewing and verifying existing data and models and
correcting key imperviousness data provided from satellite imagery available from the
MPCA. Additionally,the subwatersheds for analysis will be identified and any data gaps
will be noted. The key outcomes of Phase I are a detailed map of watersheds where
appropriate water quality models exist, corrected imperviousness from satellite imagery
for the required nondegradation time periods, and quantification of the water quality
treatment capacity in the City. These data are crucial in developing an appropriate and
cost effective approach to the development of the nondegradation assessment.
Phased Approach
Wenck Associates, Inc. proposes completing the nondegradation assessment using a
phased approach as outlined in the City of Eden Prairie's request for proposals.
Phase 1 would include developing the land use conditions in the three assessment time
periods(1988, present, and 2020), data collection and analysis in preparation for
developing the loading assessment, and development of a detailed approach for
completing the loading assessment based on the data collected and models reviewed.
Phase 2 includes the development of the loading assessment for the City of Eden Prairie
and includes the bulk of the computer modeling. The nondegradation assessment
approach will be developed at the completion of Phase for review by the MPCA,
Watershed Districts and all other stakeholders identified by the City of Eden Prairie.
C:\RDCab\PL\Temp\Attach 1-Nondegredation Plan.doc
Ms.Leslie Stovring
City of Eden Prairie
April 13, 2006
Page 2
Phase 2 includes the completion of the Loading Assessment for the City of Eden Prairie.
The preliminary scope of work for Phase 2 includes the following tasks:
1. Modeling to address changes in loading for annual average volume,total
suspended solids, and total phosphorus for the required time periods (1988 to
present and present to 2020). Available models will be updated to include any
areas not currently completed by the Watershed Districts.
2. Bank stability and flow analysis for areas in Eden Prairie not completed by the
Watershed Districts.
3. Presentation of the results of the Loading Assessment to staff and the
Conservation Commission (2 meetings assumed).
4. Preparation of a draft and final Loading Assessment Report.
Phase 3 of the assessment will include the development of the nondegradation plan based
on the results of the Loading Assessment. The Scope of Work for Phase 3 will be
developed with the City of Eden Prairie upon completion of Phase II of the
nondegradation assessment.
PHASE 1 DATA REVIEW AND LOADING ASSESSMENT APPROACH
TASK 1. GATHER DATA AND MODELS
Task 1 entails the collection and processing of GIS and modeling data for developing
inputs into the loading assessment. Analyses include development of the subwatersheds,
land use, soil type and land cover for the three assessment points(approximately 1988,
2004, and build-out) and quantification of ponds or treatment devices in the
subwatersheds.
Task la. Gather Data
This task includes compiling all necessary GIS and water quality data needed for the
analysis. Data includes subwatershed boundaries for current P8 models, land use and
land cover, soils,topography and any other data needed for the assessment.
Task Ih.Landuse/landcover analysis(LANDSAT impervious areas)
Land use and land cover analysis will focus on impervious surfaces in the watershed.
Data will be acquired from available land use coverages, LANDSAT images(satellite
images of the earths surface)provided by the MPCA, and available aerial photos(current
and historical). LANDSAT images will be corrected using the current and historical
c:rdcab\nIVemp\attach 1-nondegredation plan.doc-maw
Ms. Leslie Stovring
City of Eden Prairie
April 13, 2006
Page 3
aerial photographs to reduce scatter and error in the imperviousness estimates. To
estimate runoff volumes, composite curve numbers will be generated for the pervious
areas in the watersheds.
Task lc. Review Watershed Models and UAAs
Models received from the watershed districts will be reviewed for completeness and
applicability for developing the Loading Assessment. Models to be reviewed include
those used in the development of UAAs as well as other models completed by the
watershed district. The models will be utilized wherever possible to utilize work already
completed by the Watershed Districts.
TASK 2. QUANTIFICATION OF STORMWATER TREATMENT CAPACITY
Task 2a. Applicable Rules, Codes, and Ordinance Screening
The purpose of this task is to identify key features of development activities that are in
place to protect water quality as a screening level process for evaluating potential
changes in pollutant loads. This task identifies all of the rules, codes and ordinances
under which development took place during the 1988 to present period as well as the
projected rules under which new development will take place. This step helps clarify the
features that need to be addressed in the nondegradation plan so that the proper credit is
i n f Watershed activities that have been implemented to protect water
ve or City and Wa e d activrt p
g t3'
quality. The outcomes of this task include a subwatershed level understanding of water
quality treatment in the City of Eden Prairie based on implemented rules, codes, and
ordinances.
Task 2b. Pond/swale quantification
The purpose of this task is to develop an understanding of the water quality treatment
capacity in place so that treatment can be applied at a watershed level. The goal of this
task is to identify the treatment devices (ponds, swales, infiltration basins)that have been
incorporated into the landscape during development from 1988 to present. Given the
number of ponds in the City, not all ponds need be identified,but enough should be
identified to reasonably estimate the gross treatment capacity that is currently in
operation. For an given subwatershed the purpose is to quantify how much water
p Y g P � q fY
quality treatment is currently in place including ponds. However,modeling each of the
ponds would be time consuming and ultimately result in a greater detail than needed for
this assessment. The task includes working with the city to identify known treatment
devices and extrapolation for unknown areas. Pond morphometry will be quantified for
regional level ponds.
c:rdcab\p]Vemp\attach 1-nondegredation p1m.doc-maw
Ms.Leslie Stovring
City of Eden Prairie
April 13, 2006
Page 4
The second part of this task includes linking the City of Eden Prairie's pond database
with the appropriate GIS coverages. Wenck will work with the city to develop process
for linking the database with the GIS coverage.
TASK 3. MEETINGS
This task includes attendance at 5 meetings with City staff, Watershed District staff,
MPCA and other selected MS4s to evaluate the scope of work and the proposed
methodology for competing Phase 2. MPCA will be included in each step to ensure up-
front approval of the process and results.
TASK 4. DEVELOPMENT OF THE LOADING ASSESSMENT APPROACH
This task includes working with the City of Eden Prairie to develop an approach for the
development of the Loading Assessment(Phase 2). The deliverable in this task is a
technical memorandum,which outlines the results of the model and data review,
imperviousness in the watershed,the water quality treatment capacity in the City,and an
appropriate approach based on these results.The approach will be presented to the
MPCA and Watershed Districts for review and approval prior to modeling.
DATA REQUIREMENTS
The following data will need to be provided by the City and/or Watershed Districts
Watershed Districts
1. GIS watershed delineations from Watershed Districts for existing models
2. Existing water quality models for UAAs including all scenarios and input files
3. Stream discharge and water quality data from the Watershed Districts
4. Stream bank assessment results and methodology for stream assessment
conducted by the watershed districts
5. Watershed rules
MPCA
6. LANDSAT image files for the 1990 and 2004 conditions from MPCA
7. Copy of the General NPDES Phase 11 permit
8. Guidance document for the NPDES Phase II permit including guidance on the
development of the Nondegradation Assessment and Plan
Eden Prairie
9. Current land use
10. Land use at full build out
11. City pond database
12. Rules, ordinances, codes that apply to water quality and quantity for
development in the City
c:kdcablpl\tempWtach I-nondeg e&tion plan.doc-maw
Ms.Leslie Stovring
City of Eden Prairie
April 13, 2006
Page 5
CITY INVOLOVEMENT
We see the City's involvement in helping to identify and collect the data as well as
helping to quantify ponds in the City. Realizing that this could be a significant task,we
will work with the City to develop a process that utilizes the data available and includes a
minimum amount of effort. We see about 20 to 40 hours of City staff time to collect this
data including providing pond morphometry for the regional level ponds. Pond data
needs will be constrained to the regional ponds. Remaining pond data will be estimated
based on development requirements and the City's pond database. The majority of the
involvement will include developing a list of appropriate rules, ordinances, and codes
that apply to runoff water quality and quantity from development as well as development
time frames for the City. Any data gaps can be identified and included as a part of the
nondegradation plan if necessary.
SCHEDULE
Wenck understands that the City of Eden Prairie is fifth on the list of 30 Cities required
to develop Nondegradation Plans, and needs to complete the nondegradation assessment
and plan by September lst, 2007. Consequently, Wenck will complete Phase 1 in 6
weeks from the execution of the contract assuming that all appropriate data is available in
a timely manner. Phase 2 will require approximately 8 to 10 weeks following execution
of the Phase 2 contract. The target for completion of Phase 1 and 2 of the
Nondegradation Plan development is September 1st,2006. This timeline allows 1 year
for the development of the Nondegradation Plan.
COST ESTIMATE
Task Hours Cost
Phase 1 $19,890
Phase 2 TBD TBD
Phase 3 TBD TBD
SUBTOTAL
EXPENSES $200
TOTAL $20,090
Our team is very enthusiastic about continuing to serve the City of Eden Prairie and we
trust you will find Wenck Associates to be well qualified and our qualifications
responsive to your needs.
While we believe the City of Eden Prairie's requirements have been addressed in our
proposal, if questions arise,we welcome your calls to Ed Matthiesen at(763)479-4208,
or Joe Bischoff at(763)479-4229, for further information or clarification. Thank you
c:kdcab\p1Vemp1atWh 1-nondegedation p1w.doc-maw
Ms.Leslie Stovring
City of Eden Prairie
April 13, 2006
Page 6
again for the opportunity to submit our proposal and we look forward to working with
you.
Sincerely,
WENCK ASSOCIATES, INC.
Joe Bischoff Ed Matthiesen
Project Manager Principal
c:rdcab\p1\temp\attach 1-nondegredation plmAm-maw
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 00-5508 ITEM NO.:
Rod Rue Approve Change Order No. 2 for the VII. P.
Public Works/Engineering Mitchell Road&Technology Drive
Improvements
Requested Action
Move to: Approve Change Order No. 2 for the Mitchell Road&Technology Drive
Improvements in the amount of$27,338.20.
Synopsis
This change order includes lump sum payments for extra work associated with the installation of
24"watermain and additional traffic control items. The lump sum payment for extra work for
the 24"watermain was due to unforeseen private utility conflicts. We negotiated a lump sum
payment of$12,300.00 for the extra time. The lump sum payment for extra traffic control items
was based on unit prices established in the specifications for extra or requested items.
Background Information
The project was awarded to Park Construction on May 17, 2005, in the amount of$2,354,840.17.
With the approval of this Change Order,together with the prior approval of Change Order No. 1,
the contract amount will be$2,458,359.00. The project was expected to be complete in
November, 2005. The majority of the project was completed last fall, with the exception of the
turf restoration. This work will be completed this spring.
Attachments
• Change Order No. 2
LANDFORM
M INN EA POLI8•PNOEN I X -
1+ L!H p M �+ E 650 BUTLER NORTH BUILDING
V V 510 FIRST AVENUE NORTH
OIR D p MINNEAPOLIS,MN 55403
R R OFFICE: 612.252.9070 FAX:612.252,9077
PROJECT: CHANGE ORDER NUMBER: 02
Technology Drive&Mitchell Road Improvements DATE: 11-Apr-06
EDEN PRAIRIE PROJECT* I.C.00-5508
TO CONTRACTOR:. LANDFORM PROJECT M CEP05001
Park Construction Company CONTRACT DATE: 12-May-05
23260 Main Street-Suite 6 - -
Hampton,MN 55039 _
The Contract is changed as follows:
ADDITIONS TO CONTRACT
Item_ No. Description Unit Unit Price Est:Qty. Amount
1 Unforseeable Private Utility Interference at the 24" LS $ 12,320.00- 1 $ 12,320.00
Watermain.(EWR#1)
-2�-Additional Traffic Control.(EWR#20)-
Subtotal: $ 27,338.20
DELETIONS FROM CONTRACT
Item'No. Description Unit. Unit Price Est:Qty. Amount
Subtotal: $
The Original Contract Sum was $ 2,354,840.17
Net change by previous authorized Change Orders $ 76180.63
The Contract Sum prior to this Chan a Order was - - -- _ -' $ 2,431,020.80
p 9........-
The Contract Sum will be'increased by this Change Order in the amount of - $ 27,338.20
The new Contract Sum including this Change Order will be — ---- -- r - $ 2,458,359.00
ENGINEER: CONTRACTOR:
By: By:
April 11,2006
Date: Date:
MAYOR: CITY MANAGER:
By: By:
Date: Date:
Page of 1
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Janet Jeremiah, John Gertz, Resolution Authorizing Friendship Ventures to VII. Q.
Community Development Proceed with Construction Project at Eden Wood
Planning Center(Glen Lake Children's Camp)
Requested Action
Move to:
• Adopt the Resolution authorizing Friendship Ventures to proceed with construction work
to renovate Eden Wood Center's Glen Lake Children's Camp Dormitory and Dining
Hall.
Synopsis
In July, 2005 the City Council authorized Friendship Ventures to apply for a State Capital
Grants-in-Aid Project Grant from the Minnesota Historical Society for building renovation.
Friendship Ventures was awarded the grant and plans to begin the renovations at the Glen Lake
Children's Camp this spring. Plans were reviewed by the Heritage Preservation Commission and
State Historic Preservation Office(per the grant agreement).The project will be done in phases
through spring 2007,working around the camping season.
Background Information
The Glen Lake Children's Camp is listed on the National Register of Historic Places.Listing on
the National Register makes it possible to apply for the State Capital Grants-in-Aid Project
Grants. In 1999 the City applied and received funding to repair and replace worn roofing at the
camp.Friendship Ventures is continuing the needed upgrades to the buildings with their current
project.
Friendship Ventures has been a good partner in helping preserve the historic camp and providing
a much needed service. They have also been very accommodating in allowing tours of the
historic upper camp to guests. Working with the City to make needed improvements to the
buildings will ensure the continued preservation of the historic property,and most important to
Friendship Ventures will provide better facilities and an extended camping season for the
campers.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION AUTHORIZING FRIENDSHIP VENTURES TO PROCEED WITH THE
RENOVATION PROJECT AT EDEN WOOD CENTER(GLEN LAKE CHILDREN'S
CAMP), EDEN PRAIRIE,MINNESOTA
WHEREAS, in 2005 the City authorized Friendship Ventures to apply for State Capital Projects
Grant-in-Aid funds from the Minnesota Historical Society for renovation projects at Eden Wood
Center(Glen Lake Children's Camp) dormitory and dining hall buildings; and
WHEREAS, Friendship Ventures has been awarded a grant from the Minnesota Historical Society
for renovation of the camp buildings.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
EDEN PRARIE, the City hereby authorizes Friendship Ventures to proceed with the renovation
work at Eden Wood Center in accordance with the grant agreement and Amendment 2 to Lease
entered into as of the 16`h day of August, 2005.
ADOPTED by the City Council of the City of Eden Prairie this 18th day of April, 2006.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Office of City Manager
Kathleen Porta, City Clerk Resolution Changing Precinct Boundaries VII. R.
Requested Action:
Adopt the resolution changing precinct boundaries for Precincts 9, 18 and 19.
Synopsis:
The purpose of the change is to accommodate the growth in voter population in the southwest
corner of Eden Prairie. This change did not require the addition of a new polling place.
Background:
The portion of Precinct 19,west of Dell Road,north of Pioneer Trail and south of the new
Highway 312 will become part of Precinct 18. The portion of Precinct 19,west of Dell Road,
north of Pioneer Trail and north of the new 312 will become part of Precinct 9. The portion of
Precinct 9, south of 312 will become part of Precinct 18.
Precinct Boundary Requirements:
• Precincts must be arranged so that no precinct lies in more than one legislative or
congressional district
• For the first two years following a decennial census an election precinct boundary must
follow a census block line
• The boundaries of election precincts must follow visible, clearly recognizable physical
features("visible, clearly recognizable physical feature"means a street, road,boulevard,
parkway,river, stream, shoreline, drainage ditch, railway right-of-way, or any other line
which is clearly visible from the ground. A street or other roadway which has been
platted but not graded is not a visible, clearly recognizable physical.)
• No population requirements in statutes—needs to be a size where the elections can be
administered efficiently
Attachment:
Resolution
Map
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
RESOLUTION ESTABLISHING PRECINCT BOUNDARIES
BE IT RESOLVED,by the City Council of the City of Eden Prairie that the precinct boundaries are
changed according to the following descriptions and attached map:
Precinct#9 is within the following described lines:
Beginning at the intersection of the Easterly Boundary of the Chanhassen Exception to Eden
Prairie (approximately Dell Road) and Minnesota Trunk Highway 5 (approximately West
78th Street); thence southerly along said Easterly Boundary Exception to the intersection
with the Southerly Boundary of the Chanhassen Exception to Eden Prairie;thence westerly
along said Southerly Boundary to the Westerly Boundary of Eden Prairie;thence southerly
along said Westerly Boundary to U.S. Highway 212 (temporarily numbered Minnesota
Trunk Highway 312);thence easterly along said Highway 212 to Hennepin County State Aid
Highway 4; thence northerly along said Highway 4 to the Hennepin County Light Rail
Transit Authority Corridor; thence northeasterly along said Corridor to Minnesota Trunk
Highway 5;thence westerly along said Highway 5 to the beginning.
Precinct#18 is within the following described lines:
Beginning at the intersection of U.S.Highway 212(temporarily numbered Minnesota Trunk
Highway 312)and Hennepin County State Aid Highway 4(a.k.a.Eden Prairie Road);thence
westerly along said Highway 212 to the Westerly Boundary ofEden Prairie;thence southerly
along said Westerly Boundary to Hennepin County State Aid Highway 1 (a.k.a. Pioneer
Trail);thence northeasterly and easterly along said County Highway 1 to Hennepin County
State Aid Highway 4 (a.k.a.Eden Prairie Road);thence northerly and northwesterly along
said County Highway 4 to the beginning.
Precinct#19 is within the following described lines:
Beginning at the intersection of the Westerly Boundary of the City of Eden Prairie and
Hennepin County State Aid Highway 1 (a.k.a. Pioneer Trail); thence southerly along said
Westerly Boundary to the Southerly Boundary of Eden Prairie(approximately the Minnesota
River);thence northeasterly,easterly and southeasterly along said Southerly Boundary to the
Grass Lake Outlet; thence northerly and northeasterly along said Outlet to Grass Lake;
thence along the southerly, southwesterly, westerly and northwesterly shore of said Grass
Lake to Riley Creek; thence northwesterly along said Riley Creek to U.S. Highway 212
(a.k.a. Flying Cloud Drive); thence northeasterly along said Highway 212 to Hennepin
County State Aid Highway 1 (a.k.a. Pioneer Trail); thence northwesterly, westerly and
southwesterly along said County Highway 1 to the beginning.
ADOPTED by the City Council of the City of Eden Prairie this 18th day of April 2006.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Parks and Recreation Approve Revision to Arts and Culture VII. S.
Sandy Werts, Staff Liaison Commission Charter Statement
Requested Action
Move to: Approve Revision to Arts and Culture Commission Charter Statement
Synopsis
One of the Arts and Culture Commissions goals for 2006 is to revise the charter statement. The
Commission felt there was some redundancy and lack of clarity in the current statement.
Background Information
The current charter statement reads as follows:
Purpose:
Act in an advisory capacity to the City on matters pertaining to cultural,performance and visual
art programs and activities supported by the general public.
Roles&Responsibilities:
A. Enlist the cooperation of organizations and individuals in the community to promote
community awareness and support of performance and visual arts and cultural
activities.
B. Promote partnerships with art resources throughout the metropolitan area.
C. Provide input to staff on the development of art programs and activities.
D. Provide input to staff on the development of programs that communicate and preserve
our cultural heritage.
E. Develop operation and maintenance of facilities related to the arts.
F. Study the development of facilities related to the arts.
G. Develop policies related to the operation of programs and facilities related to the arts.
The Arts and Culture Commission recommends the following:
Purpose:
The purpose of the Arts and Culture Commission is to enhance the creative and cultural
opportunities for Eden Prairie residents by offering a broad range of cultural,performance and
visual art programs.
Roles&Responsibilities:
A. Provide input to staff on the development of new and continuing performance and visual art
programs, and programs that communicate, preserve, and celebrate our historic and diverse
cultural heritage.
B.Recommend policies related to the operation of programs and facilities
related to the arts.
C. Study and propose the development of new art-related facilities.
D. Enlist the cooperation of organizations and individuals in the community to promote
community awareness, and support of performance, visual and cultural art programs.
E.Promote partnerships with art and cultural resources throughout the
metropolitan area.
Mission
The mission of the Arts and Culture Commission is to improve the quality of life in Eden Prairie
through promotion of arts and culture.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar, Office of the Accept 2005 General Fund Financial Results VII.T.
City Manager/Finance
Requested Action
Move to: Accept 2005 General Fund financial results.
Synopsis
As part of the audit of the City's financial statements,the year-end financial results are
summarized and reported to the City council. The City Council acceptance of the General Fund
financial results is a recommended practice by the City's auditors.
Attachments
Memo
Transfer Schedule
MEMORANDUM
TO: Mayor and City Council `
Scott Neal,City Manager
FROM: Sue Kotchevar,Finance Manager
DATE: April 18,2006
SUBJECT: 2005 General Fund Financial Results
As part of the final process for the financial statements and audit,Finance staff reviews general fund
financial results with the council and recommends any changes to budgeted transfers. The general
fund had positive operating results in 2005 and the net change in fund balance is$899,455. The table
below reflects the changes to the City's general fund reserved and designated fund balances. An
explanation of each of the balances is summarized below.
Fund balance: 12/31/2004 12/31/2005 Difference
Reserved
Encumbrances $457,042 $597,958 $140,916
Prepaid items 102,391 126,373 23,982
Severance obligations 2,800,000 3,100,000 300,000
Interfund loan 547,129 374,425 (172,704)
Unreserved—designated
Budget stabilization 5,068,565* 5,319,265 250,700
Working capital 11,457,797 11,814,358 356,561
Total fund balance $20,432,924 $21,332,379 $899,455
*Called revenue stabilization in 2004
Reserve Balances
The amounts reserved in the general fund are amounts set aside for a specific purpose. The City is
either obligated to pay these amounts in the future or the amounts are not currently available.
Reserved for encumbrances represents amounts authorized by the City Manager for divisions to
spend the next calendar year. This balance primarily represents information technology projects that
were not accomplished in 2005 that will be completed in 2006. Prepaid items are amounts paid in
2005 for services to be received in 2006. Reserve for severance obligations represents the City's
liability for accrued vacation and sick leave benefits owed to employees. The interfund loan is the
amount loaned to the liquor operations to build the Den Road Liquor Store.Liquor operations will
fully repay the loan in 2008.
Unreserved-designated
The unreserved fund balance consists of the budget stabilization balance and the working capital
balance.
Budget Stabilization
In compliance with council policy,$4,819,265 was maintained for budget stabilization which is 15%
of the 2006 budget. An additional$500,000 was designated to pay for the planned use of the budget
stabilization balance for the 2006 and 2007 budgets.
Working Capital
In compliance with council policy, 50%of the next year's tax levy or$11,814,358 is designated for
working capital.ital. This amount represents the amount needed to fund operations the first six months
P P
of the year. The City receives a tax settlement in December that funds operations until the next
settlement in June of the next year.
Additional Transfers
An additional$407,469 was transferred from the general fund to the capital improvement fund for a
total of$907,469 in 2005. A schedule of other unbudgeted transfers made from other funds is
attached.
Conclusion
The general fund had positive operating results in 2005 and the City maintains a strong financial
position that continues to provide stability and flexibility for general fund operations. A formal
presentation on the City's audit report will be made at either the May 2nd or May 16t'council meeting
from Malloy,Montague,Karnowski,Radosevich,&Co.,PA.,the audit firm hired by the City.Also,
Finance will issue a quarterly report for 12/31/05 to provide more detail on 2005 financial results.
City of Eden Prairie
Transfer Schedule
12/31/05
Transfer Transfer
In Out Amount Explanation
HRA Fund General Fund-Social Services 17,000 Transfer Somali Family Services program budget
ADC Capital Project Fund Economic Development Fund 356,449 Tax abatement revenue collected for ADC project
Improvement Bonds 1991 B Capital Improvement Fund 140,705 Debt in the G.O.Improvements Bonds of 1991 were paid off in 2005
Special Assessment Construction Fund 1996 Capital Improvement Fund 24,483 Transfer the Capital Improvement Fund's portion of the project costs
Charleson Area Construction 212/Charleson Construction 9,706 Transfer the 212/Charleson Fund's portion of the project costs
G.O.Improvement Bonds of 2003 Charleson Area Construction 763,000 Transfer the Charleson Area Fund's portion of the debt payment
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Stuart A. Fox,Manager Bids for Homeward Hills Road Trail Reconstruction VII. U.
Parks and Natural Resources
Requested Action
Move to: Award the bid for the reconstruction of the Homeward Hills Road trail to Northwest
Asphalt, Inc. in the amount of$145,160.
Synopsis
The City advertised for the reconstruction of the bituminous trail along Homeward Hills Road from
Pioneer Trail south to Riverview Road.Plans and specifications were prepared and the City received
four bids from contractors.The work is based on replacing the existing six-foot wide trail with an
eight-foot wide bituminous trail. In addition,the work includes the installation of thirty pedestrian
ramps at various road and driveway crossings throughout the one and one-third mile trail project.
The bids were reviewed by the Parks, Recreation and Natural Resources Commission at their April
3, 2006 meeting and on a unanimous vote recommended that the City Council award the bid to
Northwest Asphalt, Inc.
Background
The money for doing this reconstruction of the trail comes from the Capital Improvement Project
funding in the Public Works Department for the reconstruction and construction of trails along
roadways throughout the City. The summary of the bids submitted is as follows:
Northwest Asphalt, Inc. $145,160.00
Midwest Asphalt, Inc. $147,820.00
FPI Paving Contractors $153,290.00
William Mueller& Sons, Inc. $163,000.00
Staff estimate for this project was$180,000.
Each of the submitters met the guidelines as detailed in the bid specification and staff recommends
the bid be awarded to Northwest Asphalt, Inc.
Park Maintenance staff will do the boulevard restoration after the contractor is done with their
paving project. The staff anticipates beginning the project on July 17,with the completion by late-
August.
Attachment
Map of Homeward Hills Road trail area
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Stuart A. Fox,Manager Bids for Staring Lake Trail Reconstruction VII. V.
Parks and Natural Resources
Requested Action
Move to: Award the bid for the reconstruction of the Staring Lake Park trails to Northwest
Asphalt, Inc. in the amount of$170,865.
Synopsis
The City advertised for the reconstruction of the loop trail around Staring Lake Park as well as the
repaving and construction of various interconnections throughout the park itself.Plans and
specifications were prepared and the City received four bids from perspective contractors. The work
is based on replacing the existing eight-foot wide loop trail with a ten-foot wide bituminous trail. In
addition, all the adjacent trail connections will either be reconstructed or receive a bituminous
overlay. The lateral trail connections will remain at the existing eight-foot width.
At their April 3, 2006 meeting,the Parks, Recreation and Natural Resources Commission voted
unanimously to recommend that the City Council award the bid to Northwest Asphalt, Inc.
Background
The 2006 capital improvement budget earmarked$360,000 for the reconstruction of the 3.08 miles
of trail system at Staring Lake Park.Plans and specifications were prepared, public notification was
given and the City received four bids.The summary of the bids is:
Northwest Asphalt, Inc. $170,865.00
Midwest Asphalt,Inc. $179,831.00
FPI Paving Contractors $195,297.50
William Mueller& Sons, Inc. $221,317.50
Each of the submitters met the guidelines as detailed in the bid specification and staff recommends
the bid be awarded to Northwest Asphalt, Inc.
The staff believes the primary reason the bids are considerably lower than the budget amount is that
we did quite a bit of work to get these plans and specifications out before the upcoming summer
construction season. It is anticipated that there will be additional expenditures of$60,000 for
supplies and materials since the Park Maintenance staff will be doing all of the restoration and
seeding work to finish this project.
Bids for Staring Lake Trail Reconstruction
April 18, 2006
Page 2
This project is scheduled to begin in late August, and restoration of the trails should be completed by
the end of November.
Attachment
Map of Staring Lake Park
Staring Lake Park - Trail Re-construction 2006
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development Approve Rehabilitation of A Better Chance VII. W.
Janet Jeremiah, Director (ABC) Site with Community Development Block
Molly Koivumaki,Housing and Grant Funds
Human Services Manager
Requested Action
Move to: Approve the use of up to $80,000 in CDBG funds to rehabilitate the A Better Chance
(ABC) site at 8771 and 8761 Preserve Blvd.
Synopsis
The approximate current balance of CDBG funds from which this will be allocated is
$357,123.00. Included in that amount is $67,031.00 of program income from the repayment of
loans, which must be targeted for expenditure by May 1, 2006, or they may be recaptured by the
Office of Housing and Urban Development (HUD). This will be structured as a grant and not a
loan like other rehab activities.
The ABC Foundation owns two homes in Eden Prairie, at 8771 and 8761 Preserve Blvd. High
school students enrolled in the ABC program live in one home and the program's Executive
Director and his family live in the other home. Both homes are in need of significant repair and
updates to meet safety standards, increase energy efficiency and to retain their structural
viability. Community volunteers will provide hours of labor throughout the project, and will
provide overall project management.
Background Information
The Eden Prairie ABC Foundation is a community organization which brings qualified,highly
motivated minority students from all over the United States to Eden Prairie High School for their
freshman through senior years. It provides an opportunity for deserving students who may not
otherwise reach their potential to have a better chance.The home in Eden Prairie,which has a
capacity for 15 students, is supervised by resident assistants
Attachment
Scope of Work
Scope of Work and Contractor Bids for ABC House
A Better Chance Foundation
8771 Preserve Blvd, Eden Prairie, MN
Job Bid
# Area Work to be Completed Contractor Amount
Common Test existing fire alarm panel, R&R 3
1 Areas pull stations with tamper proof covers, Prairie Electric $ 2473.00
install and program monitor unit
2 All Windows Replace existing windows with retrofit Wellington $12129.00
windows Windows
3 Kitchen Remodel kitchen, install new cabinets Hauge
and countertops Construction Co $ 9692.00
2 oven range & 25 cu ft refrigerator EP Appliance $ 2109.00
4 Rear Door Replace Rim Joist Hauge $ 250.00
Construction
5 105 Bathroom Scrape, repaint ceiling, replace fan
206 Bathroom Install shower door, recaulk Hauge $ 845.00
102 Bedroom Repair ceiling, paint Construction
Halls, front Install Carpet
6 stairs, CLT $ 7700.88
bedrooms
7 Furnace Replace 80 gal water heater Day Plumbing $ 5075.00
Room
8 Halls, front Volunteers $ 0.00
stairs, Remove old carpet $1000.00*
bedrooms Remove and replace furniture $6000.00* 7,000.00
9 Remaining Recaulk tub and shower, wire fans to Volunteers $ 0.00
Bathrooms light switch, check all plumbing traps 23 hours X $30 690.00
Total: $40,273.88
Total Volunteer Work Estimate: $7,690.00
*The volunteer amount was taken from the contractor's bid to do this project.
Scope of Work and Contractor Bids for G. Gay Residence
A Better Chance Foundation
8761 Preserve Blvd, Eden Prairie, MN
Job Bid
# Area Work to be Completed Contractor Amount
1 All Windows Replace existing windows with retrofit Wellington $ 12129.00
windows Windows
2 Kitchen Remodel kitchen, install new cabinets Hauge
and countertops Construction Co $ 9893.00
3 101 Bathroom Scrape, repaint ceiling, caulk
104 Bathroom Repair ceiling, paint, R&R 20 tiles at Hauge $ 2050.00
bottom of shower Construction
203 Bathroom Repair ceiling, paint
204 Bathroom Repair shower wall, retile
206 Bathroom R&R 40 tiles
102 Fm Room Repair ceiling, paint
Living Room Repair ceiling, remove fireplace flu
Halls, front Install Carpet
4 stairs, CLT $ 8741.28
bedrooms
5 Halls, front Volunteers $ 0.00
stairs, Remove old carpet, $1000.00*
bedrooms Remove and replace furniture $6000.00* 7,000.00
6 Doors Weatherstrip where needed Volunteers $ 0.00
Bathrooms Check all plumbing traps 6 hours X $30
Laundry Check electrical currents 180.00
Total: $ 32,813.28
Total Volunteer Work Estimate: $ 7,180.00
*The volunteer amount was taken from the contractor's bid to do this project.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION ITEM DESCRIPTION: ITEM NO.:
George Esbensen,Fire Chief Adopt Resolution amending Fee Resolution to VII. X.
Kevin Schmieg,Building Official add Licensure Fees
Requested Action
Move to: Adopt the Resolution amending Resolution No. 2005-134, Adding Rental
Licensure Fees
Synopsis
The Rental Licensing Fees will fund the Rental Licensure program approved by the council.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2006-
A RESOLUTION AMENDING RESOLUTION NO.2005-134
RELATING TO RENTAL LICENSURE FEES
BE IT RESOLVED,that additions to the Section Building Inspections, FIRE,be added
as follows:
Rental Licensure Fees $50.00 for a single rental dwelling or
$50.00 for the 1st unit in a complex+
$9.00 for each additional rental unit
ADOPTED by the City Council of the City of Eden Prairie on this 18th day of April,
2006.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar Aril 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:.
Office of City Manager,
Information Technology/ Declare obsolete computer equipment as surplus VIL Y.
Lisa Wu
Requested Action
Move to: Declare obsolete computer equipment as surplus and authorize the City Manager to
dispose of property through donation to the Minnesota Computers for School
Program and the State of Minnesota as authorized under City Code Section 2.86,
Subd. 3.
Synopsis
The City has a surplus of old computer equipment which is no longer in use.
Computers and printers meeting minimum requirements as surplus will be donated to the
Minnesota Computers for School. All other equipment will disposed of as authorized by City
Code Section 2.86, Subd. 3.
Attachment
List of Surplus Equipment
City of Eden Prairie
2006 Surplus Equipment Inventory
.A
12 Keyboards Misc
14" Monitor Su ertron M91070412
15" Monitor ACER 9174302005
15" Monitor Compaq 34305277D681
15" Monitor Digital Voice H164596
15" Monitor ELOTouch P2841588S
15" Monitor EMC FLT98299783U
15" Monitor EMC FLTU98299844U
15" Monitor NEC JC1575VMA
15" Monitor NEC JC1576UMA
15" Monitor Noblis 12730189
15" Monitor Provista 470SO01427
17" Monitor Dell MY-08J854-46632-21 R-85U8
17" Monitor Dell MY-08J854-46632-21 S-80FF
19" Monitor Compaq 712CA10MD180
19" Monitor NEC JC1746UMA
19" Monitor ViewMate 91 MLD000092
19" Monitor ViewMate 91 MLD0003181
21" Monitor LG 710KGO0353
21" Monitor LG 710KGO0363
21" Monitor LG 710KGO0380
21" Monitor LG 71OKGO0382
21" Monitor LG Electronics 710KGO0384
21" Monitor LG Electronics 710KGO0388
Computer Compaq G417HKA40367 Pentium 1
Computer HP Vectra VL US01467042 Pentium 1
Computer HP Vectra VL US54451180 Pentium 1
Computer HP Vectra VL US82408418 Pentium 1
Computer Hp Vectra VL US92006169 Pentium 1
Computer IBM Desktop 23WX405 Pentium 1
Computer Old Black Dell 21ZO011 1.1 hz Celeron
Computer Old Black Dell 32Z011 1.1 hz Celeron
Computer Old Black Dell 49FG711 1.1 hz Celeron
Computer Old Black Dell B1ZO011 1.1 hz Celeron
Computer Old Black Dell FSPOG11 1.1 ghz Celeron
Computer Old Black Dell H50PG11 1.1 ghz Celeron
Computer Old P1 Dell Desktop 92X9C Pentium 1
Computer Old P1 Dell Desktop BZLRF Pentium 1
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2006 Surplus Equipment Inventory
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Computer Old P1 Dell Desktop BZLRS Pentium 1
Computer Old P1 Dell Desktop BZLRX Pentium 1
Computer Old P1 Dell Desktop BZLRZ Pentium 1
Computer Old P1 Dell Desktop US01467042 Pentium 1
Computer Old White Dell 2F60WO1 900mhz Celeron
Computer Old White Dell 2GT5801 900mhz Celeron
Computer Old White Dell 2RVGH01 900mhz Celeron
Computer Old White Dell 3G60WO1 900mhz Celeron
Computer Old White Dell 457QL01 900mhz Celeron
Computer Old White Dell 55M3PO1 900mhz Celeron
Computer Old White Dell 5PJQ601 900mhz Celeron
Computer Old White Dell 7G60WO1 900mhz Celeron
Computer Old White Dell 7GT5501 900mhz Celeron
Computer Old White Dell BVJQ601 900mhz Celeron
Computer Old White Dell CGOW01 900mhz Celeron
Computer Old White Dell G502801 900mhz Celeron
Computer Old White Dell HFT5801 900mhz Celeron
Computer Old White Dell HVJQ601 900mhz Celeron
Computer Old White Dell JF60WO1 900mhz Celeron
Dot Matrix Printer Epson 4161202174
Dot Matrix Printer Epson 1 F8E254509
Dot Matrix Printer Epson 1 F8E434242
Dot Matrix Printer Panisonic 9KKARP99996
InkJet Printer HP CN24G321 PS
InkJet Printer HP MY086112D3
InkJet Printer HP SG6481601 B
InkJet Printer HP US7301 DO28
Laser Printer HP 3203J4OV6W
Laser Printer Ricoh AP400 44449
Mutifunction Printer Brother US6577C3J264571
Server HP SG70901409 Pentium 1
Server IHP SG93200898 Pentium 2
Server JHP US91202914 Pentium 2
2
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Paul Sticha, Office of the City Award Contracts for Lawn Maintenance at City VII.Z.
Manager, Facilities Hall and Fire Station 1 for 2006 Summer Season
Requested Action
Move to: Award contract to Greenside, Inc. for lawn maintenance at City Hall and Fire Station 1.
Synopsis
Annual Cost:
City Hall $24,010
Station 1 $ 2,850
Proposals Received:
Ci1y Hall Station 1
A-Scape $24,190 $2,940
Greenside $24,010 $2,850
Background Information
• Services provided include weekly lawn maintenance, weed control and fertilization, tree
and shrub pruning, minor landscaping, irrigation and annual flowers.
• A specification was written to include all summer lawn work, including irrigation and
flowers. Previously, we had three separate contracts for this work; one for lawn, one for
irrigation and one for annual flowers.
• We did not receive the anticipated results with our contractors last year, particularly in
the area of weed control. These two contractors are new lawn contractors for the City,
and I anticipate better quality from them. (Greenside did plow snow for the City this
most recent winter.)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Paul Sticha, Office of the City Award Contracts for Lawn Maintenance at Den VIL AA.
Manager,Facilities Road,Fire Stations 2 & 3 and Building 51 for
2006 Summer Season
Requested Action
Move to: Award contracts to A-Scape, Inc. for lawn maintenance at Den Road,Fire Stations 2&
3 and Building 51 (formerly Fire Station 5).
Synopsis
Annual Cost:
Den Road $4,782
Station 2 $5,430
Station 3 $4,650
Bldg 51 $4,790
Proposals Received:
Den Road Station 2 Station 3 Bldg 51
A-Scape $4,782 $5,430 $4,650 $4,790
Greenside $5,305 $5,580 $4,860 $4,720
Background Information
• Services provided include weekly lawn maintenance, weed control and fertilization, tree
and shrub pruning, minor landscaping, irrigation and annual flowers.
• A specification was written to include all summer lawn work, including irrigation and
flowers. Previously, we had three separate contracts for this work; one for lawn, one for
irrigation and one for annual flowers.
• We did not receive the anticipated results with our contractors last year, particularly in
the area of weed control. These two contractors are new lawn contractors for the City,
and I anticipate better quality from them. (Greenside did plow snow for the City this
most recent winter.)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Chief Dan Carlson Joint Powers Agreement with the State of VII. 13B.
Police Department Minnesota for one Wireless 2-Finger Identification
Unit
Requested Action
Move to: Approve and sign the Joint Powers Agreement for the City of Eden Prairie to accept
the wireless 2-Finger Identification Unit.
Synopsis/Background Information
The Eden Prairie Police Department has agreed to receive a wireless 2-finger identification unit
from the State of Minnesota based on the compliance criteria listed in the agreement. The only
cost is for the cellular charges to connect the wireless device which are estimated at $60 per
month.
Attachment
Agreement
Contract No.m- q
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
This agreement is between the State of Minnesota,acting through its Commissioner of Public Safety,Bureau of Criminal
Apprehension,CriMNet and Criminal Justice Information System Section("State")and the City of Eden Prairie,Eden
Prairie Police Department, 8080 Mitchell Road,Eden.Prairie,MN 55344("Governmental Unit").
Recitals
Under Minn. Stat. §471.59,subd. 10,the State is empowered to engage such assistance as deemed necessary. The State is
in need of distributing 2-Finger identification units,known as IBIS RDTs(Identification Based Information System
Remote Data Terminals)to Minnesota local law enforcement agencies under the conditions specified below.
Agreement
1 Term of Agreement
1.1 Effective date: April 3,2006,or the date'the State obtains all required signatures under Minnesota Statutes
Section 16C.05,subdivision 2,whichever is later.
1.2 Expiration date:March 30,2007,or until all obligations have been satisfactorily fulfilled,whichever occurs
first.
2 Agreement between the Parties
Upon the execution date of this agreement and completion of the appropriate State provided training for Governmental
Unit's employees,the State will provide 1 IBIS Wireless RDT(s)and 0 Wired RDT(s) to the Governmental Unit at no
charge for the first year.The State will allow the Governmental Unit continued use of the IBIS RDT(s)based on the
Governmental Unit's compliance with the following conditions:
IBIS Wireless RDT:
• Throughout the term of this agreement the Governmental Unit must have a fully executed and active CJDN
(Criminal Justice Data Network)agreement on file with the State.
• Governmental Unit is within the Sprint PCS service area in Minnesota or is willing to allow bookings to transmit
through the Mobile Data Computer(MDC)over the Governmental Unit's radio system(note that transmitting via
MDC utilizes significant bandwidth).
• The Governmental Unit's law enforcement officers make enough arrests,detentions,stops,or bookings that the
IBIS RDT can be expected to be used at least 3 times per week.
-• Governmental Unit is willing to provide feedback on the IBIS RDT and the 2-Finger identification process to the
State's Authorized Representative of this agreement via survey,teleconference,or meeting with the State,as
requested by the State.
• Governmental Unit will adopt a policy on acceptable use of 2-Finger Identification and provide a copy of this
policy to the State(State has sample policies available by request).
• Governmental Unit is willing to collect and share minimal statistics required by the State such as total number of
"stops",stops where IBIS is used,IBIS hits,and detentions where stop included use of IBIS.
• Governmental Unit will commit to pay for RDT maintenance and any cellular airtime after the expiration date of
this agreement and at that time the IBIS RDTs provided to the Governmental Unit from the State will become the
property of the Governmental Unit.The State will pay for the RDT and the first year maintenance and airtime for
the Governmental Unit through the expiration date of this agreement,and will make payment directly to the State's
vendor.
o Cellular charges are estimated at$60 per month for typical usage level.
o Maintenance is estimated at$650 per year.
IBIS Wired RDT:
• Throughout the terms of this agreement the Governmental Unit must have a fully executed and active CJDN
Joint Powers Agreement(Rev.6/03) Page I of 4
PF
Contract No.M--7 (R.
(Criminal Justice Data Network)agreement on file with the State, and a CJDN connection.
• Governmental Unit must make enough arrests,detentions, stops,or bookings that the IBIS RDT can be expected to
be used at least 10 times per week.Rolled 10-prints are still required in accordance with State law.
• Governmental Unit is willing to provide feedback to the State's Authorized Representative of this agreement via
survey,teleconference,or meeting with the State,as requested by the State.
• Governmental Unit will generate a policy on acceptable use of 2-Finger Identification and provide a copy of this
policy to the State.
• Governmental Unit is willing to collect and share minimal statistics required by the State such as total number of
detentions,where IBIS is used,IBIS hits,and detentions where IBIS determined that the individual initially gave a
false name.
• Governmental Unit will commit to pay for RDT maintenance for the RDT provided to the Governmental Unit by
the State after the State's 1 year warranty expires(one year from delivery of the RDT).The State will pay for the
RDT and the first year maintenance through the expiration date of this agreement,and make payment directly to
the State's vendor. After the expiration date of this agreement the RDT will become the property of the
Governmental Unit. Maintenance is estimated at$650 per year.
If the Governmental Unit fails to meet its obligations under the conditions of this agreement or does not adequately utilize
the IBIS,the Governmental Unit agrees that,upon request from the State,it will return to the State the IBIS RDT and all
associated parts,manuals,and supporting equipment provided by the State under this agreement in good functioning
condition.
3 Payment
This agreement does not include payment of any funds by the State to the Governmental Unit or from the
Governmental Unit to the State.
4 Authorized Representatives
The State's Authorized Representative is Vicki Tobin,CJIS Assistant Director,(651)793-2470,or his/her successor.
The Governmental Unit's Authorized Representative is:
NAME: C A RT9-R STAA i-
TITLE: S-T-RG•4A-r
ADDRESS: - $O$D M%- C1d tr-L RCO1 o 9—D-Ln� f'ZAk 2%i,
TELEPHONE NUMBER: 9 S2-9LA-GZQj%
5 Assignment,Amendments,Waiver,and Contract Complete
5.1 Assignment The Governmental Unit may neither assign nor transfer any rights or obligations under this
agreement without the prior consent of the State and a fully executed Assignment Agreement,executed and
approved by the same parties who executed and approved this agreement,or their successors in office.
5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original agreement,or their successors
in office.
5.3 Waiver. If the State fails to enforce any provision of this agreement,that failure does not waive the provision or its
right to enforce it.
5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the
Governmental Unit. No other understanding regarding this agreement,whether written or oral,may be used to
bind either party.
6 Liability
The Governmental Unit will indemnify,save,and hold the State,its agents,and employees harmless from any claims
Joint Powers Agreement(Rev.6/03) Page 2 of 4
Contract No.M--7 i{
• or causes of action,including attorney's fees incurred by the State,arising from the performance of this agreement by
the Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any
legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement.
7 State Audits
Under Minn. Stat. § 16C.05,subd.5,the Governmental Unit's books,records,documents,and accounting procedures
and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative
Auditor,as appropriate,for a minimum of six years from the end of this agreement.
8 Government Data Practices
The Governmental Unit and State must comply with the Minnesota Government Data Practices Act,Minn. Stat.Ch.
13,as it applies to all data provided by the State under this agreement,and as it applies to all data created,collected,
received,stored,used,maintained,or disseminated by the Governmental Unit under this agreement.The civil remedies
of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the
State.
If the Governmental Unit receives a.request to release the data referred to in this Clause,the Governmental Unit must
immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data
to the requesting party before the data is released.
9 Venue
Venue for all legal proceedings out of this agreement,or its breach,must be in the appropriate state or federal court
with competent jurisdiction in Ramsey County,Minnesota.
10 Termination
10.1 Tenninadon. The State or the Governmental Unit may terminate this agreement at any time,with or without
cause,upon 30 days' written notice to the other party. If terminated by either party however,the Governmental Unit
will return to the State the IBIS RDT and all associated parts,manuals,and supporting equipment provided by the State
under this agreement. Also,any loss not covered by the maintenance/warranty paid for by the State during the fast
year will be the responsibility of the Governmental Unit to provide the replacement unit. Items required to be returned
to the State should this agreement be terminated by either party must be received by the State within 10 days of the
effective termination date.
10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain
funding from the Minnesota Legislature,or other funding source;or if funding cannot be continued at a level sufficient
to allow for the payment of the services covered here. Termination must be by written or fax notice to the
Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date
of termination. However,the Governmental Unit will be entitled to payment,determined on a pro rata basis,for
services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the
agreement is terminated because of the decision of the Minnesota Legislature,or other funding source,not to
appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable
time of the State's receiving that notice.
i
i
I :
I
Joint Powers Agreement(Rev.6103) Page 3 of 4
Contract No.M- 4
1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that no funds are being paid to the Governmental
Unit under t eement By.
(with delegated authority)
Signed: Title:
Date: ''�� �O Date:
Contract No.1
4. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
2. GOVERNMENTAL UNIT
By:
By:
Date:
Title:
Date:
By: Distribution:
Agency
Title: Governmental Unit
State's Authorized Representative-Photo Copy
Date:
Joint Powers Agreement(Rev.6l03) Page 4 of 4
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning ERS Estates VIII.A.
Janet Jeremiah
Regina Herron
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Preliminary Plat on 1.33 acres into two lots
Synopsis
This is for a two lot single-family development. This site is zoned R1-22. Both lots conform to
the R1-22 zoning requirements.
Planning Commission Recommendation
The Planning Commission voted 4-1 to recommend approval of the project at its March 13, 2006
meeting with the condition that this project be subject to further staff review for additional tree loss.
Following this meeting, staff met with the developer to discuss the Planning Commission's
recommendation for review of additional tree loss.The developer submitted a plan showing a shift in
the building pad location(see attached.) However,the plan did not result in reducing the proposed
tree loss.
Background Information
The lot is not adjacent to Bryant Lake and provision of the Shoreland Ordinance relative to lot
size, dimension and setbacks do not apply. At the Planning Commission meeting a resident was
concerned about the potential for additional lots subdividing throughout the neighborhood. The
attached map shows seven lots in the surrounding area that have the potential to subdivide based
on the R1-22 zoning district requirements (see attached.) In most cases subdividing these lots
would require tearing down existing houses. Significant tree loss is 148 caliper inches, or 51%.
Tree replacement is 102 caliper inches. The tree replacement plan meets this requirement.
Attachments
1. Alternative Building Pad Location
2. Potential to Subdivide Map
3. Resolution for Preliminary Plat
4. Staff Report
5. Location Map
6. Land Use &Zoning Maps
7. Aerial photo
8. Planning Commission Minutes dated March 13,2006
9. Letters from property owners
4
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CITE DATA
Lots Near 12551 Beach Circle
With the Potiential to Subdivide
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HWY 9 SIT
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Lots With the Potiential to Subdivide Based on
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Study Area
No Scale
ERS ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF ERS ESTATES FOR ERS DEVELOPMENT
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of ERS Estates for ERS Development stamp dated April 6, 2006, and
consisting of 1.33 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 18'h day of April, 2006.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Regina Herron,Planner I
THROUGH: Scott Kipp, Senior Planner
DATE: March 10, 2006
SUBJECT: ERS Estates
APPLICANT/
OWNER: ERS Development, LLC
LOCATION: 12551 Beach Circle
REQUEST: 1. Preliminary Plat of 1.33 acres into two lots
_Staff Report—ERS Estates
March 10,2006
Page 2
BACKGROUND
The Comprehensive Guide Plan shows this site and adjacent properties as Low Density
Residential for up to 2.5 units per acre. The property and surrounding zoning is R1-22. There is
an existing house and garage located on the property.
PRELIMINARY PLAT
The proposal is to plat the property into two single-family lots. Lot one is 32,145 square feet and
lot two is 25,867 square feet, exceeding the minimum 22,000 square foot requirement. The lots
on Beach Circle average range from 47,000-68,000 square feet. Lot dimensional and frontage
requirements also conform to the R1-22 zoning district. The existing and proposed house pads
meet City Code for R1-22 setback requirements.
GRADING AND TREE LOSS
The plan shows tree loss based on proposed house pads. The primary trees species on this
property are oak trees totaling 286 diameter inches of significant trees on the property. Tree loss
due to construction has been calculated at 51%, or 148 caliper inches. Tree replacement is 102
caliper inches. The tree replacement plan shows 108 caliper inches meeting this requirement.
SHORELAND ORDINANCE
The lot is not adjacent to Bryant Lake and provision of the Shoreland Ordinance relative to lot
size, dimension and setbacks do not apply.
The existing lot has an easement to the lake across a property to the northeast and a dock. This
dock is non-conforming. The use of this dock may continue. In order to have a dock a lot must
abut the lake. The proposed second lot is not entitled to an additional dock on the lake.
UTILITIES
Public water is currently not available to the property. A well will be needed. Sewer is available
to the site from Beach Road.
STAFF RECOMMENDATION
Recommend approval of the following request:
1. Preliminary Plat of 1.33 acres into two lots.
This is based on plans stamp dated March 8, 2006,the Staff Report dated March 10, 2006 and
the following conditions:
1. Prior to release of the final plat,the proponent shall:
Staff Report—ERS Estates
March 10,2006
Page 3
A. Submit detailed storm water runoff, utility, and erosion control plans for review
and approval by the City Engineer and Watershed District.
B. Pay all City sewer and water assessment and connection fees.
2. Prior to grading permit issuance,the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control on the property, as well as tree protection fencing at the
grading limits in the wooded areas for trees to be preserved as part of the
development. Said fencing shall be field inspected by the City Forester prior to
any grading.
3. Prior to building permit issuance for the property,the proponent shall:
A. Provide a tree replacement surety equivalent to 150%of the cost of the tree
replacement for 102 caliper inches.
B. Pay the Cash Park Fee.
Area Location Map - ERS Estates
Address: 12551 Beach Circle
I IL
K f.
1 Beach Cir
HWY 494 SIT
• Bryant Lake
Beach Rd
I
jNo Scale
Zoning Map
ERS Estates
12551 Beach Circle, Eden Prairie, Minnesota
Beach Circle
HWY 494 '
i� SITE / / Bryant Lake
s-
i
Beach Road
City of Eden Prairie Zoning Map
C Rural One Family-10 acre min. Highway Commercial Shoreland Management Classifications
RI-44 One Family-44.00g st.min. Regional Service Commercial A'nE Natural Environment Waters
..........
RI-22 One Family-22,000 sf min. ®Regional commercial � Recreational Development Waters
® General Development Waters(Creeks Only)® 100- Year Floodplain
RI-13.5 One Family-13,500 sf min. �Industrial Park-2 Acre Min-
R1-g.5 One Family-9.500 sf min. =t Industrial Park• SAcre Min.
Highway#312 West of COumy Road#c is proposed,not constructed at this time.
RM•6.5 Mulli-Family-6 7 U.P.A.max. General Industrial•5 Awe Min. Up dated through Ordinance#09-2005
RM-2.5 Multi-Family-17.4 U.P.A.max. Public Ordinance#33-2001(81`1 Addition)approved,but not shmvn on this map edition ' t
Office 1"'ater Oate:June 24,2005 1
Neighborhood Commercial O Right-of-Way
Community Commercial Chanhassen City limits N
Guide Plan Map
E RS Estates
12551 Beach Circle, Eden Prairie, Minnesota
f i
i ; I
Beach Circle
l
7 SITE
Bryant Lake
Beach Road
ia�� ar rairie L, id
Pry-n
_T '-
.....____._.
Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial a� Principal Arterial
Low Density/Public!Open Space Community Commercial —A MinorArterial J
Medium Density residential 2.5.10 UnitslAcre Regional Commercial -- 8 Minor Arterial '
QMedium Density Residential/Office „•.,' Parkiopen Space ® Major Collector
High Density Residential 10-40 Units/Acre Public;Quasi-Public — Minor Collector
Office Church!Cemetery
®Office!industrial Open Watero:,::r
Office/PublictOpen Space Right•Of-Way es-e s,.-s.a C,-U:V5
Industrial —Metropolitan Urban Service Line(MUSA)
Creeks
ERS Estates--12551 Beach circle--Aerial Map
-
+4 '4 r
71
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,MARCH 13,2006 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
BOARD MEMBERS: Larry Kacher, John Kirk,Vicki Koenig,
Kathy Nelson,Peter Rocheford,Fred Seymour,
Ray Stoelting,Jon Stoltz, William Sutherland
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Al Gray, City Engineer
Scott Kipp, Senior 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,Koenig,
Nelson, and Stoltz.
II. APPROVAL OF AGENDA
MOTION by Sutherland, seconded by Seymour,to approve the agenda. Motion carried
5-0.
III. MINUTES
PLANNING COMMISSION MEETING HELD ON FEBRUARY 27,2006
Seymour had a revision to the minutes; stating he was absent from the meeting.
MOTION by Sutherland, seconded by Rocheford,to approve the minutes. Motion
carried 4-0. Seymour abstained.
IV. PUBLIC MEETING
V. INFORMATIONAL MEETING
A. ST.ANDREW WOODS by Henry Lazniarz.
Request for Informational meeting to present a concept plan for a proposed
multiple family use of property currently guided for low density residential. The
Planning Commission Minutes
March 13, 2006
Page 2
plan includes 17 condominium units in a two-story building. Chairman Stoelting
indicated that this project has been temporarily postponed at the request of the
proponent so he can clarify project related issues. Scott Kipp, Senior Planner,
indicated that a letter was sent to the neighborhood advising then of this
postponement.New meeting notices will be sent to the neighborhood when the
developer is ready to proceed.
VI. PUBL
IC HEARINGS
A. ERS ESTATES by ERS Development. Request for:
Preliminary Plat of 1.33 acres into two lots.
David Gatchby, an employee of ERS Development,presented the proposal. He
stated that he has been working with the City to address the issues of the proposal
this evening. He said that his company is redeveloping one home on one lot and
looking to build a new home on the proposed second lot. He said that he did not
see any issues in the staff recommendation.
Stoelting asked Kipp to address the staff report. Kipp stated that this property is
zoned R1-22 and creating 2 lots from this parcel of land would meet or exceed the
City Code requirements. Kipp stated that the Staff does recommend approval of
this project.
Stoelting opened the meeting up for public input.
Bob Franzen, of 6851 Beach Road, stated he has some objections to this proposal.
He stated that there will be 10 oak trees along Beach Road that will be destroyed.
He also pointed out that where they plan to put up the new house there is a hill on
that spot and to erect the house the hill would have to be taken away and he is in
opposition of that.
Matthew Zahn, an attorney representing Bruce and Linda Paradis,who reside at
12530 Beach Circle, stated that they are in objection to the new subdivision. Mr.
Zahn pointed out that they are not present this evening because they are out of
town. He stated that one of the objections is that the lot sizes in the area are very
large and splitting these two properties would make them the smallest in the area.
Mr. Zahn said that the Paradis's feel that the physical characteristics of this site
would make any building project difficult. He stated that they are concerned with
the tree loss and also the increased water flow in the area, connected with the tree
loss. Mr.Zahn stated that the next objection of the Paradis's is the private
easement down to the lake. Mr.Zahn said that ERS Development is requesting
that three families share this easement,which would increase pedestrian adjacent
to their property traffic flow. Mr. Zahn pointed out that a number of people
signed off on a petition to oppose this project.
Planning Commission Minutes
March 13,2006
Page 3
Bryan Duoos, of 7160 Willow Creek Road, stated that he resides across from this
development. He pointed out that he feels this proposal will change the character
of the area. He said that cutting the lot in half does not fit with the neighborhood.
Stoelting summarized the issues as follows.
1. Destruction of the oak trees.
2. The adverse effects of building the home on the hill and what this will do to
the land.
3. How building the home on the hill will affect the characteristics of the
neighborhood.
4. Address the incline and where the new lot and house will be constructed.
5. Concerns about the easement to the lake.
Mr. Gatchby addressed some of issues Stoelting summarized. He said that the
intent of this project is to make the neighborhood better and not worse. They do
not want to destroy any trees and are trying to take out as few as possible. He
stated that they do plan to replace the oak trees that are taken out with new oak
tress and they will also be planting evergreen trees and filler trees. Mr. Gatchby
stated that the lot is only situated on one-half of the hill and that none of the hill
would not be eliminated. He pointed this out using the overhead projector. He
stated that the only thing they would be putting up is retaining walls. He showed
where the split in the two properties would be located and said that they chose
that split due to topography. He stated that elevation in the hill will not be an
issue in constructing the new home.
Stoelting asked Mr. Gatchby to show where the retaining wall will be located.
Mr. Gatchby used the overhead projector to illustrate where the retaining wall
would be located. Mr. Gatchby also addressed the issue of lake easement. He
stated that in the Deed,the easement was established when this land was plotted
out. He pointed out that every house in the neighborhood had access to the water.
Mr. Gatchby also pointed out that the existing home is worth one million dollars
and they are going to remodel it and sell it for approximately two million dollars.
He stated that the new house will go for over two million dollars.
Rocheford asked Kipp if the staff report addresses the issue of Lot 2 constructing
another dock and felt that it could not be constructed. Kipp stated that is correct;
that Lot 2 could not construct another dock. Only lots fronting on the lake can
construct a dock. Rocheford asked if the residents at Lot 2 had a boat would they
have to ask the neighbor's permission to dock the boat. Kipp stated that any new
dock would have to be addressed through a variance request. Rocheford asked if
the docks are association docks or private docks. Mr. Gatchby stated that he did
not know if they were association docks or private docks.
Mr. Zahn stated that the dock on the lake frontage is a private dock. He pointed
out that the association does have a dock for their members.
Planning Commission Minutes
March 13, 2006
Page 4
Mr. Gatchby stated that in regards to the tone and character of the neighborhood,
the existing house is an old home and by rebuilding the home it would give the
neighborhood a better look.
Stoelting asked Kipp to clarify what is the issue of tonight's meeting. Kipp stated
that the Commission is looking at a preliminary plat request and the placement of
a house pad. Mr. Gatchby stated that by adding two beautiful homes it would be
an enhancement to the area.
Rocheford asked Kipp to address the issue of Bryant Lake and the residents' use
of the lake. Kipp stated that Bryant Lake is a public lake and anyone can have use
of the lake.
Stoelting asked Fox to address the issue of the tree loss. Fox stated that the tree
loss should not be a reason to deny this project. Fox pointed out that Mr. Gatchby
and his company are ready to replace the trees and be in compliance with tree loss
in regards to this project.
Stoelting asked Kipp that since there will be no building designs presented tonight
what can be done to ease the neighbors' sentiments. Kipp stated interaction
between the builder and current neighbors might create a better feeling in regards
to the project. Stoelting stated that there was an issue with the tone of the area
and asked Kipp what his position was on that lot. Kipp stated that these two lots
would be smaller than the other lots on the lake but when looking at the City Code
in regards to this parcel of land it does comply with the zoning and subdivision
code, and because of that the City is compelled to approve it.
Mr.Duoos asked about the easement to the lake and would it mean that the new
lot would have access to the water. Stoelting stated that on page 2 of the staff
report it states that"the existing lot has an easement to the lake across a property
to the northeast and a dock. This dock is non-conforming. The use of this dock
may continue. In order to have a dock a lot must abut the lake. The proposed
second lot is not entitled to an additional dock on the lake." Kipp stated that
access to the dock is a private issue.
Seymour asked Staff if any of the other lots in the area could be subdivided in the
future. Kipp stated that there could be, but the property owner they would also
have to submit a proposal that meets the city code.
Rocheford stated that it seemed that the majority of concern of the meeting
tonight was the public water access and pointed out again that Bryant Lake is a
lake that is opened to the public. Rocheford pointed out that Mr. Gatchby and his
company has done an excellent job of developing the property and that they are
meeting City Code and are entitled to this proposal.
Planning Commission Minutes
March 13, 2006
Page 5
Kirk said that he was uncomfortable in agreeing to this project because he feels
that it does change the character of the neighborhood. He said that taking the
smallest lot and subdividing it into two would impact the tone of the
neighborhood. Seymour said that he agrees with Kirk, and stated that he feels that
the neighbors have bought into the property expecting large lot sizes and that this
split would change the character of the lake. Sutherland stated that he was
reluctant to agree to this project and would feel more comfortable if he were to
see a design of the house that is to be constructed. Stoelting stated he agrees with
Sutherland. He also recommends that Mr. Gatchby communicates with the
neighbors in the construction moving forward.
Rocheford stated that he has no concern accepting a proposal because it might
change the character of the area. He feels that this would be a change for the
better.
MOTION by Rocheford, seconded by Seymour,to close the public hearing.
Motion carried 5-0.
MOTION by Rocheford, seconded by Sutherland,to approve the Preliminary
Plat of 1.33 acres into two lots,based on plans stamped dated March 8, 2006, and
the staff report dated March 10, 2006, and with the condition that this project be
subject to further staff review for additional tree loss. Motion carried 4-1,Kirk
voting no.
VII. MEMBERS' REPORTS
VIII. CONTINUING BUSINESS
IX. NEW BUSINESS
X. PLANNERS' REPORTS
A. Change of date for June Planning Commission meeting.
The camera and sound system will be replaced in the Council Chambers from
June 26t'through July Wh. The June 26, 2006 meeting will need to be changed
to June 19, 2006.
Stoelting asked the Commission Members if this would be a workable date, and
all agreed.
MOTION by Rocheford, seconded by Kirk,to change the Planning Commission
meeting from June 26, 2006 to June 19, 2006. Motion carried 4-0. Sutherland
abstained due to the fact that he will not be on the Commission during that time.
Kipp stated that the next meeting will be March 27, and will include a variance request.
Planning Commission Minutes
March 13, 2006
Page 6
XI. ADJOURNMENT
MOTION by Rocheford, seconded by Seymour,to adjourn the meeting. Motion
carried 5-0.
There being no further business,the meeting adjourned at 8:17 p.m.
SUMMARY OF BRYANT LAKE RESIDENTS WHO HAVE SIGNED A RESOLUTION OPPOSING PROJECT 2006-02
Stuart and Pam Nolan 7020 Willow Creek Road
Mike and Jane Faiola 7041 Willow Creek Road
Bob and Stacey Graizi er 6871 Beach Road
Joseph and Gretchen Docter 7032 Willow Creek Road
David Steen 6741 Beach Road
David and Lynne Crowther 7011 Willow Creek Road
Virginia and Robert W. Carlson, Jr. 12535 Beach Circle
Bruce and Lisa Paradis 12530 Beach Circle
Joe and Karyn Spaeth 6881 Beach Road
Brian and Mary Duoos 7160 Willow Creek Road
Doug and Nancy Heltne 6941 Beach Road
Mark and Kris Ha hi 6621 Beach Road
Nathan Ber eland and Jillian Link 7012 Willow Creek Road
Mark and Joey Omlie 6661 Beach Road
Jacques Gibbs and Wendy Langley 6921 Beach Road
Page 1 of 2
Peterson, Joy
From: Stuart Nolan[snolan@stuartco.com]
Sent: Tuesday, March 07, 2006 6:15 PM
To: Paradis, Bruce
Subject: Re:Bryant Lake-Lot Subdivision
I certainly oppose it just as I have every one of these subdivisions. We are in Ca this week but I will sign and
bring you the form if I don't attend the meeting.The important meeting will be the council meeting.Ron Case
has been supportive of our position in the past................Stu
----Original Message-----
From: "Paradis, Brice" <Bruce.Paradis@grnacrfc.com>
To: "Bob &Stacey Graiziger" <graizigcr@earthlink.net>, "Brian &Mary Duoos"
<brianduoos@edinarcalty.com>, "Bruce& Lisa Paradis" <lparadis@mn.rr.com>, "Chris&Christine
Thompson"<chris@weareonthelevel.corn>,"Curt&Kay Botko" <kbotko@aol.com>, "Dale &Ruth
Bachman" <ragbach@mn.rr.com>, "Dave Steen" <stecn@tcleplusconsulting.com>, "David&Lynne
Crowther" <romyromy56@aol.com>, "Elaine Cavanaugh" <elainefaye@hotmail.com>, "Fred&Martha Ho"
<fredho@mn.rr.corn>, "Gretchen Doctor" <gkdocter@aoI.com>, "Jack&Barba Lanzo <jlanzo@aol.com>,
"Jacques Gibbs"<gibbswealthcoach@aol.com>, "Jane Faiola"<okobajiblu@aol.corn>, "Jeff Selleck"
<jeffs@tallsales.com>, "Jillian Link" <jillilink@aol.com>, "Jim&Barb Gabbert" <jbgabbert@aol.com>,
"Joe &Kaiyn Spaeth" <jspacth a subrad.com>, "Joe Docter" <jdocter@sumcreek.com>, "John Cavanaugh"
<john@marketvision.com>, "Joyce Hansen"<jhansen@rnn.n-.com>, "Kent&Julie Molde"
<kmolde cr subrad.com>, "Lyn Martin" <lynmartinl 1@yahoo.com>,"Mark&Joey Omlie"
<skil966@aol.com>,"Mark&Kris Vedadhaghi" <phoenix19@msn.corn>, "Mike Faiola"
<skiraymf@aol.com>, "Mike Rosolanka"<mike@rosolanka.com>, "Nancy Heltne" <harrisheltne cr aol.com>,
"Nancy Selleck"<sellcck5@aol.com>, "Nathan Bergeland"<nbergeland@etrthlink.net>, "Ramon&Gloria
Gustilo" <gloriaplg@msn.com>, "Shubhagat&Sunita Gangopadhyay" <shubhagat@mchsi.com>, "Sonny&
Michelle Kalsi" <michellekalsi@yahoo.corn>, "Stuart&Pam Nolan"<snolan@stuartco.com>, "Tom
Hansen" <thansen@gcbsavage.com>, "Virginia&Bob Carlson" <vcarlson@quadion.com>, "Virginia&Tim
Olsen" <volsen@rnn.rr.com>
Date: Tue, 7 Mar 2006 17:20:37-0600
Subject:Bryant Lake-Lot Subdivision
Memo
Date March 7,2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake properly is driving requests to subdivide
established properties.
3n12006
Memo
Date March 7,2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to
subdivide established properties.
The Eden Prairie Planning Cormnission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that runs
along our southerly property line—adjacent to the Carlson's. The developer is intending
to utilize the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors,but also has implications to our neighborhood
as precedents are set for continued subdivisions.
The Planning Committee meeting is scheduled for March 13,2006. If you wish to
express your opposition,please sign the attached'and return it to us or email us your
response at 1paradisOlmna7r.com.
Also,we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
We oppose the ERS Estates,Two lot subdivision,Project No. 2006-02
Name Mike& Jane Faiola
Address: 7041 Willow Creek Road
Comments:
Memo
Date March 7, 2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831 F'O
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable Iake property is driving requests to
subdivide established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that runs
along our southerly property line—adjacent to the Carlson's. The developer is intending
to utilize the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors, but also has implications to our neighborhood
as precedents are set for continued subdivisions.
The Planning Committee meeting is scheduled for March 13, 2006. If you wish to
express your opposition, please sign the attached and return it to us or email us your
response at 1paaradis tr:mn.mcom.
Also,we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
We oppose the ERS Estates,Two lot subdivision,Project No.2006- 2
Name: 04 4 S`A��
Address: 6 S? "A A
Comments: S
CO S'e
i1ii yO. ae DK 1AJ* PAROUk
I
i
Memo
Date March 7, 2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to
subdivide established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that runs
along our southerly property line--adjacent to the Carlson's. The developer is intending
to utilize the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors, but also has implications to our neighborhood
as precedents are set for continued subdivisions.
The Planning Committee meeting is scheduled for March 13, 2006. If you wish to
express your opposition,please sign the attached and return it to us or email its your
response at]parEidis@i-nn.rr.com.
Also,we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
We oppose the ERS Estates,Two lot subdivision,Project No.2006-02
Name: :`G S 17 eel
Address: 7c1 2 c4l,(1e .,e e. k-
Comments:
Memo
Date March 7, 2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to
subdivide established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that nuns
along our southerly property line—adjacent to the Carlson's. The developer is intending
to utilize the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors, but also has implications to our neighborhood
as precedents are set for continued subdivisions.
The Planning Courunittee meeting is scheduled for March 13,2006. If you wish to
express your opposition, please sign the attached and retimi it to us or email us your
response at 1paradis@min.rr.com.
Also,we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
We oppose the ERS Es es,Two lot subdivision,Project No. 2006-02
Name:
Address: 7Y
Comments: � Mi 1'
3j7 fob
Page 1 of 1
Peterson, Joy
From: RomyRomy56@aol.com
Sent: Tuesday, March 07,2006 7:26 PM
To: Paradis, Bruce
Subject: Re: Bryant Lake-Lot Subdivision
COULDN'T REACH YOUR AREA OF INTEREST-BUT WE ARE OPPOSED--SO COUNT OUR VOTE IN!!!!!!!!!!! LY
NNE AND DAVID CROWTHER
3/8/2006
March 8, 2006
TO: City of Eden Prairie
Planning Commission
FROM: Virginia and Robert W. Carlson Jr.
12535 Beach Circle
Eden Prairie, MN 55344
SUBJECT: Proposed Lot Subdivison
March 13 Public Hearing, Project ERS Estates, 2006-02
It is with regret that we are unable to attend this hearing and appreciate the
opportunity to voice our concern and strong disapproval of this proposed
subdivision.
As the adjoining property owner's and having only lived in our new home for less
than a year, our decision to build was based on the fact that the homes built on
Bryant Lake have been maintained to accommodate spacious/prestigious homes.
By increasing the number of lots is going to put an added burden to the lack of fire
hydrants and city water/sewage accessibility. Also of concern, is the lake
accessibility from this lot and the easement adjoining our property line.
We strongly request denial of this proposal and would welcome further discussions
in defense of our objections.
Page i of 1
Peterson, Joy
From: Lisa Paradis[Iparadis@mn.rr.coml
Sent: Thursday, March 09,2006 8:05 AM
To: Peterson,Joy
Subject: FW; March 13 Planning Committee
Attachments: lot subdivison.doc
-----Original Message-----
From: vhabicht@quadion.com [mailto:vhabicht@quadion.com] On Behalf Of rwcarlsonjr@quadion.com
Sent: Wednesday, March 08, 2006 2:10 PM
To: 1paradis@mn.rr.com
Subject: March 13 Planning Committee
Bob and Virginia, as you are aware, are in Naples, FL and unable to attend the March 13 meeting. I am
attaching their remarks that they would like presented to the Planning Committee. If you have any questons or
concerns,please contact me as they are traveling and will be back in inneapolis on the 14th.
Sincerely,
Val Habicht
952-927-1414
(See attached file: lot subdivison.doc)
3/9/2006
I
Memo
Date March 7, 2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to
subdivide established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that runs
along our southerly property line—adjacent to the Carlson's. The developer is intending
to utilize the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors, but also has implications to our neighborhood.
as precedents are set for continued subdivisions.
The Planning Committee meeting is scheduled for March 13,2006. If you wish to
express your opposition,please sign the attached and return it to us or email us your
response at 1paradis@mn.rr.com.
Also,we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
We oppose the ERS Estates,Two lot subdivision,Project No.2006-02
Name: Bruce slid Lisa Paradis
Address: 12530 Beach Circle Eden Prairie MN 55344
Comments:
Page 1 of 2
Peterson, Joy
From: Spaeth,Joseph MD Uspaeth@subrad.com]
Sent: Wednesday, March 08,2006 12:07 PM
To: Paradis, Bruce
Subject: RE: Bryant Lake- Lot Subdivision
Bruce,
I agree this is concerning. However, in this specific case, isn't the easement issue a potential deal stopper? I assume the
easement is either on yours or the Carlson's property,or both. It sounds as if the subdivision proposal would require a
change in the easement"terms". To change the terms of an easement, I would think the owner of the property on which
the easement runs would have to agree to the change. If owners of the property to be subdivided are unable to reach an
agreement regarding the proposed changes to the easement, neither subdivision would end up with lake access...which I
think would demolish any benefit to a subdivision. I'm not a lawyer, but I think this is worth checking. --Joe Spaeth
-----Original Message-----
From: Paradis, Bruce [mailto:Bruce.Paradis@gmacrfc.com]
Sent: Tuesday, March 07, 2006 5:21 PM
To: Bob&Stacey Graiziger; Brian&Mary Duoos; Bruce&Lisa Paradis; Chris &Christine Thompson; Curt&Kay
Botko; Dale& Ruth Bachman; Dave Steen; David&Lynne Crowther, Elaine Cavanaugh; Fred&Martha Ho;
Gretchen Docter; Jack&Barba Lanzo; Jacques Gibbs; Jane Faiola; Jeff Selleck; Jillian Link; Jim &Barb Gabbert;
Spaeth,Joseph MD; Joe Docter; John Cavanaugh; Joyce Hansen; Molde, Kent MD; Lyn Martin; Mark&Joey Omlie;
Mark&Kris Vedadhaghi; Mike Faiola; Mike Rosolanka; Nancy Heltne; Nancy Selleck; Nathan Bergeland; Ramon &
Gloria Gustilo; Shubhagat&Sunita Gangopadhyay; Sonny&Michelle Kalsi; Stuart&Pam Nolan;Tom Hansen;
Virginia&Bob Carlson;Virginia&Tim Olsen
Subject: Bryant Lake - Lot Subdivision
Memo
Date March 7,2006
To Bryant Lake Neighbors
Y g
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to subdivide
established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that runs along
our southerly property line—adjacent to the Carlson's. The developer is intending to utilize
the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
3/8/2006
Page 2 of 2
It certainly affects us adjacent neighbors,but also has implications to our neighborhood as
precedents are set for continued subdivisions.
The Planning Committee meeting is scheduled for March 13,2006. If you wish to express
your opposition,please sign the attached and return it to us or email us your response at
1paradis@mn.iT.com.
Also, we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
We oppose the ERS Estates,Two lot subdivision,Project No. 2006-02
Naine:
Address:
Conunents:
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only for the person or entity to which it is addressed
and may contain confidential and/or privileged material,
Including "protected health information". If you are
not the intended recipient, you are hereby notified that
any review, retransmission, dissemination, distribution,
or copying of this message is strictly prohibited. If
you have received this communication in error, please
destroy and delete this message from any computer and
contact us immediately by return e-mail.
3/8/2006
Mes,eage Page 1 of 2
Peterson, Joy
From: Duoos, Brian [Brian Duoos@ed inarealty,com]
Sent: Tuesday, March 07,2006 5:29 PM
To: Paradis,Bruce
Subject: RE: Bryant Lake-Lot Subdivision
Bruce,
I'll be there. This stuff really makes me angry when things are carved up and the only goal is for maximizing$ .
I had no idea it was going on over there.
Brian.
Brian Darns C.R.B.
Sales Manager
Eden Prairie Office
Ph. 952-947-0306
Fax 952-828-9531
email address:brianduoos edinarealty.com
web page info:www.brianduoos.edinarealty,com
-----Original Message-----
From: Paradis, Bruce [mailto:Bruce.Paradis@gmacrfc.com]
Sent:Tuesday, March 07, 2006 5:21 PM
To: Bob&Stacey Gralziger; Duoos, Brian; Bruce &Lisa Paradis; Chris&Christine Thompson; Curt&Kay Botko;
Dale& Ruth Bachman; Dave Steen; David &Lynne Crowther; Elaine Cavanaugh; Fred&Martha Ho; Gretchen
Docter; Jack&Barba Lanzo; Jacques Gibbs;Jane Faiola; Jeff Selleck; Jillian Link;Jim &Barb Gabbert,Joe&Karyn
Spaeth; Joe Docter; John Cavanaugh; Joyce Hansen; Kent&Julie Molde; Lyn Martin; Mark&Joey Omlie; Mark&
Kris Vedadhaghi; Mike Faiola; Mike Rosolanka; Nancy Heltne; Nancy Selleck; Nathan Bergeland; Ramon &Gloria
Gustilo; Shubhagat&Sunita Gangopadhyay; Sonny&Michelle Kalsi; Stuart&Pam Nolan;Tom Hansen; Virginia&
Bob Carlson; Virginia &Tim Olsen
Subject: Bryant Lake - Lot Subdivision
Memo
Date March 7,2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to subdivide
established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
3/7/2006
Message Page 2 of 2
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that dins along
our southerly property line—adjacent to the Carlson's. The developer is intending to utilize
the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors, but also has implications to our neighborhood as
precedents are sct for continued subdivisions.
The Planning Committee meeting is scheduled for March 13,2006. If you wish to express
your opposition,please sign the attached and return it to us or email us your response at
1paradis@mn.rr.com.
Also, we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
We oppose the ERS Estates, Two lot subdivision,Project No. 2006-02
Name:
Address:
Comments:
3n12006
Mar 09 06 11:29a Nancy 480-515-0298 p.2
Memo
Date March 7,2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to
subdivide established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that runs
along our southerly property line—adjacent to the Carlson's. The developer is intending
to utilize the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors,but also has implications to our neighborhood
as precedents are set for continued subdivisions.
The Planning Committee meeting is scheduled for March 13,2006. If you wish to
express your opposition,please sign the attached-and return it to us or email us your
response at 1 aradis@mn_rr_com.
Also,we encourage you to attend this meeting or contact your city representatives.
Thank you for your help,
We oppose the ERS Estates,Two lot subdivision,Project No.2006-02
Name: w � ►1���
Address: (1�11— Iry
Comments: �,�2 t` . ��-l;L;"yld_ �j�j"�744
* LLt `�b'Tub C7r� Ual.� -�� -i fur .
Page 1 of 1
Peterson, Joy
From: Lisa Paradis[lparadis@mn.rr.coml
Sent: Thursday, March 09, 2006 8:05 AM
To: Peterson,Joy
Subject: FW:subdivision
-----Original Message-----
From: Harrisheltne@aol.com [maiito:Harrisheitne@aol.com]
Sent: Wednesday, March 08, 2006 11:52 AM
To: 1paradis@mn.rr.com
Subject: subdivision
Lisa & Bruce,
Doug and I strongly oppose the lot subdivision that is being proposed for the property of 12551
Beach Circle (Project No. 2006-02). We will be out of town at the time of the meeting on March
13th but will be happy to provide you will any additional support you may need from us. Please
send me your fax number so I can send you a signed copy of your opposition signatures.
Nancy & Doug Heltne
6941 Beach Road
Eden Prairie, MN 55344
952-903-0063
3/9/2006
Memo
Date March 7,2006
7o Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to
subdivide established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that runs
along our southerly property line—adjacent to the Carlson's. The developer is intending
to utilize the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors,but also has implications to our neighborhood
as precedents are set for continued subdivisions.
The Planning Committee meeting is scheduled for March 13,2006. If you wish to
express your opposition,please sign the attached'and return it to us or email us your
response at 1paradis(c),mn.rr.com.
Also,we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
i
We oppose the ERS Estates,Two lot subdivision,Project No.2006-02
Name: Mark and Kris Haghi
Address: 6621 Beach Road,Eden Prairie MN 55344
Comments: We do not believe this subdivision is in the best interest of our neighborhood
Page 1 of 2
Peterson, Joy
From: phoenixl9 [phoenixl9@msn.com]
Sent: Tuesday, March 07,2006 11:34 PM
To: Paradis, Bruce
Subject: Re: Bryant Lake- Lot Subdivision
Attachments: 0307. Bryant Lake Neighbors.Lot Subdivision.doc
Dear Bruce and Lisa,
We may not be able to attend the meeting but will support you anyway we can.
Please let me know if the attached letter is not enough.
With regards,
Mark Haghi
6621 Beach Road
--Original Message-----
From: Paradis. Bruce
To: Bob & Stacey.Graiziger; Brian & Mary Duoos ; Bruce& Lisa Paradis ; Chris& Christine Thompson ; Curt& Kav
Botko ; Dale& Ruth Bachman ; Dave Steen ; David & Lynne Crowther; Elaine Cavanaugh : Fred&Martha Ho ;
Gretchen Docter;Jack& Barba Lanzo ;Jacques Gibbs ;Jane Faiola ;Jeff Selleck; Jillian Link; Jim& Barb Gabbert ;
Joe& Karyn Spaeth ; Joe Docter; John Cavanaugh ; Joyce Hansen ; Kent&Julie Molde ; Lyn Martin ', Mark& Joey
Omlie; Mark& Kris Vedadhaghl; Mike Faiola ; Mike Rosolanka;Nanc H�eltne ; Nancy Selleck; Nathan Bergeland ;
Ramon&Gloria Gustilo; Shubhagat&Sunita Gangopadhyay; Sonny&Michelle Kalsi ; Stuart& Pam Nolan ;Too
Hansen ;Virginia &Bob Carlson ;Virginia&Tim Olsen
Sent: Tuesday, March 07,2006 5:20 PM
Subject: Bryant Lake-Lot Subdivision
Memo
Date March 7,2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
9
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to subdivide
established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that runs along
our southerly property line—adjacent to the Carlson's. The developer is intending to utilize
the easement for both properties following this subdivision.
3/8/2006
Page 2 of 2
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors,but also has implications to our neighborhood as
precedents are set,for continued subdivisions.
The Planning Committee meeting is scheduled for March. 13, 2006. If you wish to express
your opposition,please sign the attached and return it to us or email us your response at
1paradis(q,)mn.rr.com.
Also,we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
We oppose the ERS Estates,Two lot subdivision, Project No.2006-02
Name:
Address:
Comments:
i
I
3/8/2006
Page 1 of 2
Paterson, Joy
From: Nathan Bergeland [nbergeland@earthlink.net]
Sent: Tuesday, March 07,2006 11:29 PM
To: Paradis,Bruce
Subject: Re: Bryant Lake-Lot Subdivision
-----Original Message-----
From: "Paradis, Bruce"
Sent:Mar 7, 2006 5:20 PM
To: Bob &Stacey Graiziger,,Brian&Mary Duoos ,Bruce&Lisa Paradis , Chris&Christine Thompson, Curt
&Kay Botko ,Dale&Ruth Bachman,Dave Steen, David&Lynne Crowther, Elaine Cavanaugh,Fred&
Martha Ho ,Gretchen Docter,,Jack&Barba Lanzo ,Jacques Gibbs,Jane Faiola,Jeff Selleck,Jillian Link ,
Jim&Barb Gabbert, Joe &Karyn Spaeth,Joe Docter,,John Cavanaugh,Joyce Hansen ,Kent&Julie Molde,
Lyn Martin,Mark&Joey Omlie,Mark&Kris Vedadhaghi ,Mike Faiola,Mike Rosolanka,Nancy Heltne ,
Nancy Selleck, Nathan Bergeland ,Ramon& Gloria Gustilo , Shubhagat&Sunita Gangopadhyay, Sonny&
Michelle Kalsi , Stuart&Pani Nolan,Tom Hansen,Virginia&Bob Carlson ,Virginia&Tim Olsen
Subject:Bryant Lake-Lot Subdivision
Memo
Date March 7,2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to subdivide
established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that runs along
our southerly property line—adjacent to the Carlson's. The developer is intending to utilize
the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors,but also has implications to our neighborhood as
precedents are set for continued subdivisions.
3/8/2006
Page 2 of 2
The Planning Committee meeting is scheduled for March 13,2006. If you wish to express
your opposition,please sign the attached and return it to us or email us your response at
1paradis mn.rr.com.
Also,we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
We oppose the ERS Estates,Two lot subdivision,Project No. 2006-02
Name: Nathan Bergeland and Jillian Link
Address: 7012 Willow Creek Road, EP
Comments: Unfortunately,we will be out of town during the council meeting.
Both Jillian and I believe that this sliver of an access is not appropriate for our
community. It lacks aesthetic planning and belongs in a track housing development.
Eden Prairie has a unique treasure in the Bryant Lake community- let's keep it that
way.
Best wishes,
Nathan Bergeland
7012 Willow Creek Road
Eden Prairie, MN 55344
Home: 952-914-0123
Cell: 952-239-2409
Work: 952-829-0000 ext 105
Work Fax: 952-829-5555
3/8/2006
Page 1 of 2
5
From: Paradis, Bruce[Bruce.Paradis@gmacrFc.com]
Sent: Monday, March 13, 2006 1:54 PM
To: mzahn@visi.com
Subject: FW: Bryant Lake-Lot Subdivision
From: ski1966@aol.com [mailto:sk11966@aol.com]
Sent: Fri 3/10/2006 2:55 PM
To: Paradis, Bruce
Subject: Re: Bryant Lake - Lot Subdivision
We oppose the ERS Estates Two Lot Subdivision Projesct # 2006-02 Drs. Mark and Jo Omlie
-----Original Message-----
From: Paradis, Bruce <Bruce.Paradis@gmacrfc.com>
To: Bob & Stacey Graiziger <graiziger@earthlink.net>; Brian & Mary Duoos <brianduoos@edina realty.corn>;
Bruce & Lisa Paradis <Iparadis@mn.rr.com>; Chris &Christine Thompson <chris@weareonthelevel.com>; Curt
& Kay Botko <kbotko@aol.com>; Dale & Ruth Bachman <ragbach@mn.rr.com>; Dave Steen
<steen@teleplusconsulting.com>; David & Lynne Crowther <romyromy56@aol.com>; Elaine Cavanaugh
<elainefaye@hotmail.com>; Fred & Martha Ho <fredho@mn.rr.com>; Gretchen Docter <gkdocter@aol.com>;
Jack & Barba Lanzo <jlanzo@aol.com>; Jacques Gibbs <gibbswealthcoach@aol.com>; Jane Faiola
<okobajiblu@aol.com>; Jeff Selleck <jeffs@tallsales.com>; Jillian Link <jillilink@aol.com>; Jim & Barb Gabbert
<jbgabbert@aol.com>; Joe & Karyn Spaeth <jspaeth@su brad.corn>; Joe Docter <jdocter@sumcreek.com>;
John Cavanaugh <john@marketvision.com>; Joyce Hansen <jhansen@mn.rr.com>; Kent &Julie Molde
<kmolde@su brad.corn>; Lyn Martin <lynmartinll@yahoo.com>; Mark &Joey Omlie <ski1966@aol.com>;
Mark & Kris Vedadhaghi <phoenixl9@msn.com>; Mike Faiola <skiraymf@aol.com>; Mike Rosolanka
<mike@rosolanka.com>; Nancy Heltne <harrisheltne@aol.com>; Nancy Selleck <selleck5@aol.com>; Nathan
Bergeland <nbergeland@earthlink.net>; Ramon & Gloria Gustilo <gloriaplg@msn.com>; Shubhagat & Sunita
Gangopadhyay <shubhagat@mchsi.com>; Sonny & Michelle Kalsi <michellekaisi@yahoo.com>; Stuart & Pam
Nolan <snolan@stuartco.com>; Tom Hansen <thansen@gcbsavage.com>; Virginia & Bob Carlson
<vcarlson@quadion.com>; Virginia &Tim Olsen <volsen@mn.rr.com>
Sent: Tue, 7 Mar 2006 17:20:37 -0600
Subject: Bryant Lake - Lot Subdivision
Memo
Date March 7,2006
To Bryant Lake Neighbors
From Bruce and Lisa Paradis
12530 Beach Circle
952.946.1831
Regarding Lot Subdivision
Message
During the past few years a concerning trend has developed in the Bryant Lake
neighborhoods. The demand for developable lake property is driving requests to subdivide
3/13/2006
Page 2 of 2
established properties.
The Eden Prairie Planning Commission is faced with another request to subdivide the
former Turner property at 12551 Beach Circle.
This property poses a unique problem because it has a lake access easement that runs along
our southerly property line?adjacent to the Carlson?s. The developer is intending to
utilize the easement for both properties following this subdivision.
We are writing you to ask for your support in opposing this lot subdivision.
It certainly affects us adjacent neighbors, but also has implications to our neighborhood as
precedents are set for continued subdivisions.
The Planning Committee meeting is scheduled for March 13,2006. If you wish to express
your opposition,please sign the attached and return it to us or email us your response at
1paradis@mn.rr.com.
Also, we encourage you to attend this meeting or contact your city representatives.
Thank you for your help.
We oppose the ERS Estates,Two lot subdivision, Project No. 2006-02
Name:
Address:
Comments: .
3/13/2006
Page I of 1
5
From: Paradis, Bruce[Bruce.Paradis@gmacrfc.com]
Sent: Monday, March 13,2006 1:57 PM
To: mzahn@visi.com
Subject: FW: lot splitting
From: Gibbswealthcoach@aol,com [mailto:Gibbswealthcoach@aol.com]
Sent: Sat 3/11/2006 12:32 AM
To: Paradis, Bruce
Subject: lot splitting
i am on your team!! tell me what i have to do to cast my vote.jacques gibbs(defensive financial coach)
3/13/2006
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing April 18,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Vacation 06-03
David Olson VIII. B.
Public Works/Engineering Vacation of Part of the Drainage and Utility
Easement over of Lot 1, Block 2,Hartford
Commons 2nd Addition
Requested Action
Move to:
• Close the Public Hearing;and
• Adopt a Resolution vacating part of the Drainage and Utility Easement over Lot 1, Block 2,
Hartford Commons 2nd Addition.
Synopsis
The Property Owner has requested the vacation of part of the Drainage and Utility easement to
facilitate the construction of a covered entrance and attached patio for the end unit of a multi-
family building.
Background Information
The easement was originally dedicated in conjunction with platting of the subdivision.
Subsequent unit construction has resulted in the placement of part of the entrance and patio into
the easement area. The entrance and patio proposed are consistent with those constructed with
other units within Hartford Commons. The vacation will not result in conflicts with installed
utilities.
Attachments
• Resolution
• Location Map
• Site Plan
• Vacation Drawing
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER
LOT 1,BLOCK 2,HARTFORD COMMONS 2ND ADDITION
VACATION 06-03
WHEREAS,the City of Eden Prairie has(a)certain Drainage and Utility Easement described as follows:
That part of the Drainage and Utility Easement lying over, under and across Lot 1, Block 2,
Hartford Commons 2nd Addition, according to the recorded plat thereof, Hennepin County,
Minnesota described as follows:
Commencing at the most westerly corner of said Lot 1; thence North 48 degrees 53
minutes 48 seconds East,assumed bearing, along the southerly line of Lot 2 of said Block
2,a distance of 8.91 feet;thence South 40 degrees 07 minutes 12 seconds East,a distance
of 100.20 feet to the point of beginning;thence continue South 40 degrees 07 minutes 12
seconds East along said line, a distance of 5.18 feet;thence North 55 degrees 40 minutes
21 seconds East,a distance of 52.06 feet;thence South 61 degrees 15 seconds 55 minutes
West,a distance of 52.84 feet to the point of beginning.
WHEREAS, a Public Hearing was held on April 18, 2006, 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:
Commencing at the most westerly corner of said Lot 1; thence North 48 degrees 53
minutes 48 seconds East,assumed bearing,along the southerly line of Lot 2 of said Block
2, a distance of 8.91 feet;thence South 40 degrees 07 minutes 12 seconds East,a distance
of 100.20 feet to the point of beginning;thence continue South 40 degrees 07 minutes 12
seconds East along said line, a distance of 5.18 feet; thence North 55 degrees 40 minutes
21 seconds East,a distance of 52.06 feet;thence South 61 degrees 15 seconds 55 minutes
West,a distance of 52.84 feet to the point of beginning.
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 April 18,2006.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta,City Clerk
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VACATION 06-03
NOTICE OF VACATION OF
PART OF THE DRAINAGE AND UTILITY EASEMENT OVER
LOT 1, BLOCK 2,HARTFORD COMMONS 2nd ADDITION
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 April 18, 2006 at 7:00
p.m. to hear all persons present upon the proposed vacation of the Drainage and Utility Easement
described as follows:
That part of the Drainage and Utility Easement lying over, under and across Lot 1,Block 2,
Hartford Commons 2nd Addition, according to the recorded plat thereof, Hennepin County,
Minnesota described as follows:
Commencing at the most westerly corner of said Lot 1;thence North 48 degrees 53
minutes 48 seconds East, assumed bearing, along the southerly line of Lot 2 of said
Block 2, a distance of 8.91 feet; thence South 40 degrees 07 minutes 12 seconds
East, a distance of 100.20 feet to the point of beginning; thence continue South 40
degrees 07 minutes 12 seconds East along said line, a distance of 5.18 feet; thence
North 55 degrees 40 minutes 21 seconds East, a distance of 52.06 feet; thence
South 61 degrees 15 seconds 55 minutes West, a distance of 52.84 feet to the point
of beginning.
By Order of the City Council
Published in the Sun Current
on March 30,2006
NOTIFICATION LIST
VACATION REQUEST 06-03
A copy of the Public Hearing Notice is to be sent to owners of the following parcels:
13-116-22-32-0060
13-116-22-32-0061
Private Utility Companies will be notified of this vacation request.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing April 18,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Leslie Stovring Approve First Reading of an Ordinance VIII. C.
Public Works/ 1 Environmenta Amending City Code Chapter 6
Requested Action
Move to:
• Close public hearing; and
• Approve First Reading of an Ordinance Amending City Code Chapter 6 Relating to Streets and
Sidewalks
Synopsis
City Code Chapter 6 was revised to clarify and expand the requirements for placement of obstructions in
streets, such as dumpsters or roll-off containers and to provide a consistent application process for other
activities that are within streets, sidewalks and rights-of-way. A process for obtaining a permit from the
Director of Public Works and language to allow inspections and financial security requirements were
added. Parade permit applications are to be directed to the Chief of Police for review and City Council
approval.
Background Information
Revision of City Code Section 5.36 included language that roll-off containers shall not be placed within
the street or other public property in accordance with Section 6.06. This revision adds language to
Section 6.06 to clarify the procedure and requirements for obtaining a permit for placing obstructions in
streets. Chapter 6 was also revised to include a uniform permit application process for other activities,
such as traffic and parking control,construction and reconstruction or roadway surfacing, sidewalk,curb
and gutter and parades as well as editorial changes to bring the City Code Section to current standards.
The major revisions include the following:
• Requirement for submittal of a permit application on a form provided by the City to the Director of
Public Works for review and approval, except for Parade permit applications which are to be
directed to the Chief of Police for approval by the City Council.
• Submission of a permit application fee with the application.
• Ability to impose insurance or financial security requirements to properly safeguard persons or
ex to the work or activity.
property osed P h.'
• Expanded the definition of Obstructions in Streets to include dumpsters,roll off containers, storage
units, demolition debris, electrical cords and landscaping materials. Restrictions on placement of
obstructions was expanded to include not only streets or other public property,but also rights of
way,public ways and sidewalks.
• Requirement to allow inspections of the premises.
• Requirement that the Director of Public Works or designee must determine that completion of the
project is not feasible without a reasonable,temporary obstruction.
The application must be submitted a minimum of two(2)weeks prior to starting work to allow City staff
time to evaluate the site conditions and determine if the work is necessary. All applicants are required to
take precautionary measures for protection of the public during the obstruction.
Attachment
Attachment 1 —Draft Comparing Original and Proposed Versions of Chapter 6
DRAFT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY MINNESTOA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE.MINNESTTA AMENDING CITY
CODE CHAPTER 6 RELATING TO STREETS AND SIDEWALKS.
Deleted: DEFINITIONS,
-------------------- ------------------------------------------ APPLICATION AND SCOPE
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE MINNESOTA ORDAINS: RELATING¶
TO CHAPTERS 7 AND 8 AS WELL
Section 1 City Code Chanter 6 entitled "Streets and Sidewalks Generally"is amended as AS THIS CHAPTER)¶
- 4
follows:
CHAPTER 6. STREETS AND SIDEWALKS GENERALLY.
SECTION 6.01. DEFINITIONS.
Except as otherwise defined in the City Code or where the context clearly indicates a contrary intent,
the words and terms defined in Minnesota Statutes,,Chapter 169,shall be applicable to City Code_,,- Deleted:1990,
Chapters 5,6,7 and 8. Wherever reference is made to an individual or position in this Chapter,it
shall mean the individual or person or his./her desigliee.
- Deleted:¶
--------------------------------------------------------------------" Source: city Code¶
SECTION 6.02. APPLICATION AND SCOPE. Effective: 9-17-821
Except as otherwise stated therein,the provisions of Chapters 55 627 and 8 are applicable toll 1, sers__,- Deleted:city code,
of the streets,public ways right of ways and roadways within the City(herein after referred to as Deleted:the drivers of
streets").including but not limited to those owned or operated by the United States,the State of Deleted:vehicles and animals upon
Minnesota, or any county, town, city, district, or other political subdivision located wholly or
partially within the co orate limits of the Ci of Eden Prairie.
p y � tY
SECTION 6.03. YERMIIT APPLICATION. -- Deleted:SCOPE.
---------------------
---------------
-- Deleted:Except as otherwise stated
It is a misdemeanor to perform any work/activity defined in this Chapter and within a street in the therein,the provisions of Chapters 6,7
and 8 relate to the streets and alleys in the
City without a permit in writing from the Director of Public Works except that parade ermits shall City.¶
be authorized by the City Council through the Chief of Police in accordance with subsequent ¶
Source: Ordinance No.28-83¶
provisions of this Chapter. Effective Date: 7-22-831
Subd l Permit Application Required No permit required under any provision of this Chapter
shall be issued except after submission by the requesting part} (Applicant)of a written application
on a form as provided by, the City. The permit application shall sufficiently describe the
contemplated improvements or requested activity or use of the street. the contemplated date of
beginning of the work/activity and the length of time required to complete the work/activity. All
6-1
such applications shall be consistent with the provisions of this Chapter and good engineering,eerin safely
and maintenance practices shall be followed for the worklactivi1y conducted under the permit. The
permit from the CitXshall not relieve the Applicant from damages to the person or proper L, of
another caused by such work/activi1y. Such application shall be completed and submitted to the
Public Works Department no later than two(2)weeks prior to the projected date that any such work
shall occur.
Subd 2 Permit Application Fee A permit application fee shall be submitted along with the
permit application No permit application shall be considered for approval until such time as the
required application fee is submitted The permit application fee required pursuant hereto shall be
fixed and determined b the he City Council adopted by resolution and uniformly enforced.except that
franchised utilities shall be allowed to negotiate a unique payment schedule due to the volume of
permits beingissued.
sued.
Subd 3 Condition Before granting any permit under any of the provisions of this Chapter.the
Director of Public Works may impose such insurance bonding letter of credit cash deposit or other
financial security requirements thereon as deemed necessary to proyerly safeguard persons or
propeM exposed to the work/activi1y. Such insurance shall also protect the City and its employees
from any suit action or cause of action arising by reason of such work/activity.
Subd 4 issuance of Permit Upon decision by the Director of Public Works that the Applicant
has satisfied all applicable requirements the requested permit shall be issued subject to the terms of
this Chapter and such other terms as are specified L%7 the Director of Public Works.
SECTION 6.04. TRAFFIC AND PARKING CONTROL.
Subd. 1. Traffic Control Devices. No device,sign or signal shall be erected or maintained for_i Deleted:Council Action.
traffic or parking control unless thep of irector Public Works shall first have given written approval - Deleted:city Manager
and directed the same except as otherwise provided in this Section provided that when traffic and Deleted:approved
parking control is marked or sign-posted,such marking or sign-posting shall attest to appropriate
action thereon.
Subd.2. Temporary Restrictions. The City, acting through the Chief of Police or Director of
Public Works,may temporarily restrict traffic or parking for any private,public or experimental
purposes.
Subd.3. Traffic Restrictions and Prohibitions. It is a misdemeanor for any person to drive a
vehicle contrary to lane restrictions or prohibitions painted on any street or contrary to sign-posted,
fenced,or barricaded restrictions or prohibitions.
Subd.4. Parking Restrictions and Prohibitions. It is unlawful for any person to park a vehicle,
except an emergency vehicle or public agency vehicle carrying out official work or activities,
contrary to lane restrictions or prohibitions painted on any curb or contrary to sign-posted,fenced,or
6-2
barricaded restrictions or prohibitions.
Subd.5. Damaging or Moving Markings. It is a misdemeanor for any person to deface,mar,
damage,move,remove,or in any way tamper with any structure,work,material,equipment,tools,
sign,signal,barricade,fence,painting or appurtenance in any street unless such person has written
permission from the City or is an agent, employee or contractor for the City or other authority
having jurisdiction over a particular street and acting within the authority or scope of a contract with
the City or such other up blic authority acting within its proper scope and jurisdiction.
SECTION 6.05. CONSTRUCTION AND RECONSTRUCTION OF ROADWAY
SURFACING,SIDEWALK,CURB AND GUTTER.
Subd.1. Methods________________ -- Deleted: of Procedure
A. Abutting or affected property owners may contract for,construct or reconstruct roadway Deleted:advance payment is made
surfacing, sidewalk or curb and gutter in accordance with this Section if therefor or arrangements for payment
considered permit and .' considered adequate
appropriate bonding or other financial security,as approved by the irector of Public V6rorks, __ Deleted:City
are4n J2lace prior to commencement of work. ------------------------------_ __ Deleted:completed
B. Construction or reconstruction of roadway surfacing, sidewalk or curb and gutter can be Deleted:advance
requested with a petition or ordered by the City Council without a petition by the methods Deli`1990,
forth in Minnesota Statutes Chapter 429 as the same ma from time to time be -" Deleted:Permit Required. It is a
'L__ -----'------------y----------------
set misdemeanor to construct or reconstruct a
amended. sidewalk,curb and gutter,driveway,or
roadway surfacing in any street or other
public property in the City without a
Subd.2. ecifieations and Standards. All construction and reconstruction ofroadwa surfacin , ,' permit in writing from the City Manager
rSp__ --y------g- ae s ty
sidewalk and curb and gutter improvements, including curb cuts, shall be performed strictly in or his designee. Application for such
andprovided
shall be madeovided by the City
forms approved
accordance with specifications and standards on file in the office of the Director of Public Works a
and prty and shall
and open to inspection and copying there. Such specifications and standards may be amended from sufficiently describe the contemplated
improvements,the contemplated date of
time to time by the City,but shall be uniformly enforced. beginning of work,and the length of time
required to complete the same provided
that no permit shall be required for any
Subd.J. Inspection_ The-Director of Public-Works-shall inspect such improvements-as-deemed-
such improvement ordered installed by
--- ---- ----- - -----
necessary or advisable. Any work not done according to the applicable specifications and standards ', the Council. All applications shall be
referred by the City Manager to the
shall be removed and corrected at the expense of the permit holder. Any work done hereunder may ; Director of Public Works and no permit
be stopped by the Director of Public Works if found to be unsatisfactory or not in accordance with shall be issued until approval has been
received from the Director of Public
the specifications and standards,but this shall not place a continuing burden upon the City to inspect i Works. All such applications shall
or supervise such work. contain an agreement by the applicant to
�I be bound by this Chapter and plans and
specifications consistent with the
SECTION 6.06. OBSTRUCTIONS IN STREETS. provisions of this Chapter and good
engineering practices shall also
accompany the application. A permit
Subd.1. Obstructions. It is a misdemeanor for any person to place,deposit,display or offer for from the City shall not relieve the holder
from damages to the person or property of
sale any fence,poles,lines,electrical cord dumpsters roll off containers storage units.building another caused by such work.¶
construction materials,demolition or landscaping materials,goods or other obstructions upon,over, ¶
across or under any street,right of way, way,sidewalk or other public property without first Subd.3.
Deleted: 4
6-3
having obtained a written permit from thepirector of Public Works and then only in compliance in---- Deleted:Council
all respects with the terms and conditions of such permit and taking precautionary measures for the
protection of the public,A permit will be granted when the Director of Public Works has --- Deleted: An electrical cord or device
determined that completion of the project or activity necessitating such obstruction is not feasible of any kind is hereby included,but not by
e way of limitation,within the definition of
without reasonable temporary obstruction thereof This Section shall not apply to mailboxes erected an obstruction
in accordance with US Post Office and any gpplicable City requirements or to containers temporarily
placed adjacent to streets and being used for the weekly collection of solid waste or recyclables in
accordance with the provisions of City Code Sections 5.36 and 9.01.
Subd.2. Fires. It is a misdemeanor for any person to build or maintain a fire upon the street.
Subd.3. Dumping in Streets. It is a misdemeanor for any person to throw or deposit in any street
any solid,recyclable or yard waste.includin-but not limited to nails,dirt,glass or glassware,cans,
discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper
products,shreds or rubbish oil, eas etroleum roducts or other automotive fluids or to ampDeleted: or other
any water containing salt or other injurious chemical thereon. It is a violation of this Section to haul Deleted:it is also a violation of this
�any such material inadequately enclosed or covered thereby permitting the same to fall upon streets. Section to place or store any buildingmaterials or waste resulting from building
construction or demolition on any street
•--------------------------------------------------------------------� without first having obtained a written
permit from the Council.
Subd.4. Signs and Other Structures. It is a misdemeanor for any person to place or maintain a Deleted:Source:City Code¶
sign,advertisement,or other structure in any street or right of way without first having obtained a Effective Date:9-17-821
written permit from the Council except as otherwise permitted by the City Code. Deleted:special
•---------------------------------------- Deleted:trail
Subd.5. Placing Snow or Ice in a Public Right-of-Way. Deleted: The
' Formatted:Bullets and Numbering
A. It is a misdemeanor for any person not acting under a specific contract with the City or +;'
, ,,, Deleted:assess the cost thereof against
without� rmi Titten permission from
fr_d om the Director of Public_Works to remove snow or ice from , +,," the abutting property.¶
rivewayand cause the same to obstruct, encroach upon, ;,;'` 4
r, ' Source:Ordinance 12-961
private property or priva
encumber,or interfere wholly or partially with any public right-of-way,including but not ',,; Effective Date:3-30-96¶
limited to a public roadway,street,sidewalk,walkway,bike or ail way,easement,park or '+;
,` B. Where permission is granted by the
other public property• - -------__-- ___--_-_---_ , Director of Public Works,
B. Where permission is not granted by the Director of Public Works,the City re • '
I> `Jty'may + Deleted:to whom such permission is
any such obstruction and Jhe person•shall be initially_responsible for payment of all direct ;-' granted
4nd indirect costs of removing the snow or ice from the street. If not paid,-collection_---_ - Deleted:or
shall be by civil action or assessment against the•property as any_ other special_----_------ Deleted:benefitted
assessment. Deleted: 7.Condition. Before
granting any permit under any of the
Subd.6. Continuing Violation. Each day that any person continues in violation of this Section provisions of this Section,the Council
may,mpose such insurance or bonding
' n
shall be a separate offense and punishable as such. conditions thereon as it,considering the
+ projected danger to public or private
property or to persons,deems proper for
SECTION 6.07. GENERAL REQUIREMENTS. I safeguarding such persons and property.
' Such insurance or bond shall also protect
the City from any suit,action or cause of
Subd. . Exemptions A City employee acting within the course and scope of his employment or a_, action arising by reason of such
obstruction
6-4
contractor active within the course and scope of a contract with the City,to make any excavation, Deleted:I
opening or tunnel in, over, across or upon a street or other public property is exempt from the SECTION STREET OPENINGS
_-- ' OR EXCAVAATT IONS. ¶
requirements of this Section. It is a misdemeanor for any person,
�' except a City employee acting within the
------------------------- -------------- --------------------- course and scope of his employment or a
Subd. rotection of the City-and the-Public- contractor acting within the course and
scope of a contract with the City,to make
++ any excavation,opening or tunnel in,
A. Non-Completion or Abandonment. Work shall progress expeditiously to completion in over,across or upon a street or other
accordance with any time limitation placed thereon so as to avoid unnecessary + I public property without first having
, obtained a written permit from the
inconvenience to the public. In the event that work is not performed in accordance therewith Director of Public Works as herein
or shall cease or be abandoned without due cause,the City may,after six(6)hours notice in provided.¶
writing or by electronic notification to the holder of the permit of its intention to do so, Deleted: 1.Application. Application
for a permit to make a street excavation
correct the work,fill the excavation and repair the public property in a manner as it deems shall be filed with the Director of Public
necessM to protect the safety and welfare of the public. All temporary and permanent+ Works and shall describe with reasonable
�repairs including back-filling,compacting and resurfacing shall be made or contracted for by Applicant,ty,the name and address of the
a ia•-11 applicant,the place,purpose and size of
the City in a manner prescribed by the Director of Public Works,and an accurate account of ' the excavation,and such other
' information as may be necessary or
costs thereof shall be kept. The pen-nit holder shall reimburse the City for these costs or the desirable to facilitate the investigation
proceeds from the cash deposit,letter of credit or bond shall be used to reimburse the City hereinafter provided for.¶
for the cost of the repairs. snbd.
+ Deleted:Investigation and Estimated
B. Insurance. Prior to commencement of the work described in the application,the applicant Costs. Upon receipt of such application,
shall furnish the City satisfactory evidence in writing that the applicant will keep in effect ithe Director of Public Works shall cause
such investigation to be made as he may
public liability insurance4ssued by an insurance company authorized to-do business in the_ deem necessary to determine estimated
State of Minnesota on which the City Wd its employees are named as a co-insured. The ', cost of repair,such as back-filling,
---- - -`, 'i compacting,resurfacing and replacement,
amount of insurance shall be in accordance with standards and specifications on file in the , and the conditions as to the time of
office of the Director of Public Works as revised from time to time. + commencement of work,manner of
procedure and time limitation upon such
+ , excavation. The foregoing estimated
+ + '
C. Indemnification. Before issuance of a permit, the ]leant shall,in writings agree to , , costs shall include permanent and ... t
indemnify and hold the City harmless from any liability for injury or damage arising out of,+ Deleted:;and the cost thereof shall be
paidthe action of the l_ica_nt in performance of the work or an expense whatsoever incurred ` Del the person holding the permit
' + Deleted:of not less than$1 OQ,000.00
by the City incident to a claim or action brought or commenced by any person arising for any person,$300,000.00 for any
therefrom. occurrence and property damage
insurance of not less than$25,000.00
SUbd.J. Final Completion. Within 60 days(upon request by the Applicant)of completion to the Deleted:is
satisfaction of the Director of Public Works the work/activity performed under the permit,the City ' Deleted:applicant
shall release any unused bond,letter of credit or cash deposit to the Applicant. Deleted:applicant
-------------------------------------------------------------------- Deleted: 4. Issuance of Permit. The
SECTION 6.08. LOAD LIMITS. Director of Public Works shall issue such
I permit after(1)completion of such
investigation;(2)deposit of cash or
The Director of Public Works may,at his discretion,impose upon vehicular traffic on any part or all '\ furnishing of an irrevocable letter ., z
ofWy City street such load limits as may be necessary or desirable. Such-limits and the specific Deleted:4
extent or weight to which loads are limited shall be clearly and legibly sign-posted thereon. It is a Solid. Repairs. All temporary and
permanent repairs including back-filling,
misdemeanor for any person to operate a vehicle on any City street in violation of the limitation so compacting and resurfacing shall be made
posted. or contracted for by the City in a g
Deleted:the streets
6-5
Deleted:Source: City Code¶
•------------ ---------------------------------- Effective Date: 9-17-82¶
SECTION 6.09. PARADES.
(Sections 6.09 through 6.19,inclusive,
Subd.1. Definition. The term"parade"means any movement of vehicles,persons or animals,or reserved for future expansion)
any combination thereof,which either moves together and as a body so as to in some way impede or SECTION 6.20.
affect the free and unobstructed flow of vehicular or pedestrian traffic or which moves so that some
part thereof is in violation of one or more traffic laws or regulations- ------------------- -- Deleted: if such movement is without a
permit hereunder
Subd.2. Parade Permit.4pplieation Requirements. It is a misdemeanor to sponsor or participate_--- Deleted:Required.
in a parade for which no permit has been obtained from the City,and it is also a misdemeanor to
obtain a parade permit and not conduct the same in accordance with the permit granted by the City.
Application for such permit shall be made to the,Chief of Police at least thirty_(30)days in advance --- Deleted:City Manager
of the date on which it is to occur and shall state the sponsoring organization or individual,the route,
the length, the estimated time of commencement and termination, and the general compositiork_--- Deleted:,ana such
Such application shall be executed by the individuals applying herefore or the duly authorized agent_-_- Deleted:therefor
or representative of the sponsoring organization.
Subd.3. Investigation. The Chief of Police shall investigate the merits and impacts of the permit - Deleted:The city Manager shall
for
application. If any State trunk highways are in the route the Chief of Police shall make all forthwithreferall fofPolice or
� parades to the Chief of Police for his
necessary arrangements with the Minnesota Department of Public Safety for alternate routes or consideration which shall take no longer
whatever may be necessary. If the Chief of Police finds that such a parade will not cause a hazard to than seven(7)days.
persons or property and will cause no great inconvenience to the public and if he is able to make
arrangements for necessary direction and control of traffic,he shall endorse his acceptance and
orward_the recommendation to the City-,Council at its next regular meeting,,including any ;-- Deleted:return
recommended reimbursement for costs anticipated to be incurred by the City. If the Chief of Police Deleted:application
finds the parade described in the application to be a hazard or a substantial inconvenience or if he is Deleted:Manager.
unable to make adequate arrangements for direction or control of traffic, he shall Lorward the__-_ ��:retum the same
recommendation to the City gouncil at its next regular meetin ---------------------------- Deleted:Manager with nis snaing
Subd.4. Council Action. he Council ma //1 den the elrnit //2 ant the ermit or(3 ant -- Deleted:The City Manager shall refer
--------_yi�___Y__�-'-Z1)�-_--_P- s--1�-> -- the application and results of
the permit on condition that a date,time or route are acceptable to licant which differ from such investigation to the Council at its next
as stated in the application. Applicant shall have three(3)days within which to communicate his regular meeting.
acceptance to the Chief of Police The Council may impose such fees as may be necessary to Deleted:applicant
reimburse the City for costs incurred with managing traffic performing road closures and other__ _ Deleted:Manager
activities necessitated to properly provide for the safety and welfare of the community and its
citizens.
Subd.5. Unlawful Acts.
A. It is unlawful for any person to hamper,obstruct,or impede or interfere with any parade,
parade assembly or any person,animal or vehicle participating in the parade.
B. It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a
6-6
parade when such parade is in motion.
C. It is unlawful for any person to enter into a parade without prior authorization from the
parade chairman.
Subd.6. Exceptions. This Section shall not apply to(1)funeral processions or(2)a government
agency acting within the scope of its functions.
--
Deleted:Source: City Code¶
--------------------------------------------------------------------' Effective Daze: 9-17-821
SECTION 6 0. VIOLATION-A MISDEMEANOR OR PETTY MISDEMEANOR.
(Sections 6.21 through 6.98,inclusive,
Eve person violates a ection Subdivision or rovisions of this Chapter when he reserved for future expansion.)l
Every P ,S Paracra h p -p---------------p---------
performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby Deleted:99.
prohibited or declared unlawful,and upon conviction thereof shall be punished as follows: Deleted:section,subdivision,
paragraph
Subd. 1. Where the specific,Section, Subdivision, Paragraph or_proyision pecifically makes---- Deleted:section,subdivision,
violation a misdemeanor,he shall be punished as for a misdemeanor;where a violation is committed pa<agrach
in a manner or under circumstances so as to endanger or be likely to endanger any person or
property,he shall be punished as for a misdemeanor;where he stands convicted of violation of any
provision of this Chapter,exclusive of violations relating to the standing or parking of an unattended
vehicle,within the immediate preceding twelve-month period for the third or subsequent time,he
shall be punished as for a misdemeanor.
Subd.2. As to any violation not constituting a misdemeanor under the provisions of Subd.1 hereof,
he shall be punished as for a petty misdemeanor.
Section 2. Effective Date. -- Deleted:Source: City Code
-------------------------------------------------
--------------------------------------------------------------------'.- Deleted:Effective Date: 9-17-821
This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting ofthe Citv Council of the City of Eden Prairie on the 2151
day of March 2006 and finally read and adopted and ordered published at a regular meetingo, f the
Citv Council of said City on the da,of 2006.
Kathleen Porta,City Clerk Nancy Tvra-Lukens,Mavor
PUBLISHED in the Eden Prairie Sun Current on .2006
6-7
Page 5:[1]Deleted Leslie A.Stowing 3/16/2 6 9:12 AM
Investigation and Estimated Costs. Upon receipt of such application, the Director of
Public Works shall cause such investigation to be made as he may deem necessary to
determine estimated cost of repair, such as back-filling, compacting, resurfacing and
replacement, and the conditions as to the time of commencement of work, manner of
procedure and time limitation upon such excavation. The foregoing estimated costs shall
include permanent and temporary repairs due to weather or other conditions,and the cost of
such investigation shall be included in such estimate.
Subd. 3.
Page 5:[2]Deleted Leslie A.'Stovring 3/16/2006 9:12 AM
4. Issuance of Permit. The Director of Public Works shall issue such permit after (1)
completion of such investigation;(2)deposit of cash or furnishing of an irrevocable letter of
credit or corporate bond in form and substance acceptable to the City by applicant to secure
payment of all estimated costs and completion of the work;(3)agreement by the applicant to
the conditions of time and manner as aforesaid;(4)agreement in writing by the applicant to
pay all actual cost of repairs over and above such estimate, including cost of such
investigation; and (5) agreement in writing by the applicant to be bound by all of the
provisions of this Section
Page 5:[3]Deleted Leslie A.Stowing 3/16/2006 9:12 AM
Subd. 5. Repairs. All temporary and permanent repairs including back-filling,compacting
and resurfacing shall be made or contracted for by the City in a manner prescribed by the
Director of Public Works; and an accurate account of costs thereof shall be kept.
Subd. 6. Cost Adjustment. Within sixty (60) days following completion of such
permanent repairs, the City Clerk shall determine actual costs of repairs including cost of
investigation,shall prepare and furnish to such permit holder an itemized statement thereof,
and shall claim additional payment from or make refund (without interest) to the permit
holder as the case may be.
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
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 150009 - 150730
Wire Transfers 2433 -2447
City of Eden Prairie
Council Check Summary
4/18/2006
Division Amount Division Amount
General 57,838 517 212/Charlson Intersection 23,656
100 City Manager 5,235 520 Parks Referendum 3,950
101 Legislative 15,217 521 Trails Referendum 14,116
102 Legal Counsel 41,378 601 Prairie Village Liquor 190,851
110 City Clerk 595 602 Den Road Liquor 300,051
III Customer Service 12,671 603 Prairie View Liquor 167,346
112 Human Resources 1,514 605 Den Road Building 4,080
113 Communication Services 7,653 701 Water Fund 188,009
114 Benefits&Training 5,980 702 Sewer Fund 18,392
115 Risk Management 28,798 703 Storm Drainage Fund 253
116 Facilities 118,533 800 TIF 5,052
117 City Center 120,086 903 Escrow Fund 20,507
130 Assessing 107 807 Benefits Fund 716,917
131 Finance 1,111
132 Social Services 12,372 Report Totals 3,%6,247
133 Planning 894
134 Heritage Preservation 41
135 Information Technology 35,910
136 Wireless Communication 4,623
137 Economic Development 1,002
138 Community Development Admin. 200
150 Park Administration 3,103
151 Park Maintenance 24,757
152 Parks Capital Outlay 1,454
153 Organized Athletics 3,876
154 Community Center 15,768
156 Youth Programs 2,220
157 Special Events 504
158 Adult Recreation 8,334
159 Recreation Administration 11,418
160 Therapeutic Recreation 552
161 Oak Point Pool 87
162 Arts 1,587
163 Outdoor Center 3,853
180 Police 50,224
183 Emergency Preparedness 241
184 Fire 22,264
185 Animal Control 1,705
200 Engineering 805
201 Street Maintenance 15,270
202 Street Lighting 70,791
203 Fleet Services 81,026
204 Equipment Revolving 108,419
300 Heritage Preservation Grants 1,200
301 CDBG 459
303 Cemetary Operation 958
304 Senior Board 196
308 E-911 1,480
315 Economic Development 236
416 Certificate Debt Fund 189,329
417 $3,390,000 Facility Bond 2000 336
425 Bldg Refunding Bonds 2004 185,889
430 G.O.Improvement Bonds 2006A 394
502 Park Development 1,058
503 Utility Improvement 51,013
506 Improvment Bonds 1996 757,685
509 CIP Fund 127,368
511 Construction Fund 14,631
515 Fire Station#4 21,210
516 ADC PROJECT 59,609
City of Eden Prairie
Council Check Register
4/18/2006
Check# Amount Vendor/Explanation Account Description Business Unit
2433 189,329 ANCHOR BANK Principal $890,000 G.O.Cert.of Indebt
2434 185,889 ANCHOR BANK Principal Bldg Refunding Bonds 2004
2435 493 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
2436 65,540 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
2437 26,568 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2438 135,033 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2439 11,084 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2440 15,345 ORCHARD TRUST CO AS TRUSTEE/CU Defer-red Compensation General Fund
2441 86,442 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2442 18,913 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
2443 11,082 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2444 15,445 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2445 86,200 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2446 27,360 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2447 138,479 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
150009 239 AGAN,RENEE Memberships Community Center Admin
150010 110 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
150011 295 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin
150012 28 DELEGARD TOOL CO Small Tools Park Maintenance
150013 53 EIDE,JANE AR Utility Water Enterprise Fund
150014 904 GE CAPITAL Other Rentals General
150015 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning
150016 2,202 ITS A KEEPER Other Contracted Services City Manager
150017 134 JOHNSON,AMY Memberships Community Center Admin
150018 443 KENNEDY,ROXANNE Clothing&Uniforms Ice Show
150019 133 KRUEGER,MARK Operating Supplies Reserves
150020 575 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development
150021 80 LEAGUE OF MINNESOTA CITIES Conference Expense Park Maintenance
150022 50 MAGC Dues&Subscriptions Communication Services
150023 12 MELMER KATIE Lessons&Classes Ice Arena
150024 548 METRO SALES INCORPORATED* Other Rentals General
150025 130 MGWA Conference Expense Water Utility-General
150026 1,082 QWEST Telephone Wireless Communication
150027 300 WABASHA COUNTY SHERIFF'S DEPAR Deposits Escrow
150028 1,127 WU,LISA Conference Expense Information Technology
150029 56 XCEL ENERGY Electric Traffic Signals
150030 180 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
150031 50 BOLD,PAULINE Instructor Service Outdoor Center
150032 210 CAMPOS,LORI Instructor Service Outdoor Center
150033 49 CHRISTENSEN,MARGE Program Fee Trips
150034 43 DOVER,RUTH Program Fee Trips
150035 49 HENRY,ARLENE Program Fee Trips
150036 49 HOSEK,KAROLINE Program Fee Trips
150037 66 KRESS,CARLA Mileage&Parking Senior Center Administration
150038 51 MCCARTHY,ARDIS Program Fee Trips
150039 352 PETTY CASH-POLICE DEPT Travel Expense Police
150040 49 PICKERING,MARIE Program Fee Trips
150041 31 PUTNAM,PAT Program Fee Trips
150042 28 RUMFORD,JOAN Program Fee Red Hat
150043 45 SHIMANSKI,BERMA Program Fee Trips
150044 49 TORNOE,JACQUELINE Program Fee Trips
150045 44 VERIZON WIRELESS Pager&Cell Phone Street Maintenance
150046 168 WAHLEN,RICK Travel Expense Water Utility-General
150047 28 WILLIAMS,GORDON Program Fee Red Hat
150048 14,118 XCEL ENERGY Electric City Hall-CAM
150049 145 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
150050 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
150051 56 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
150052 4,881 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store
150053 95 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store
150054 6,876 DAY DISTRIBUTING Wine Domestic Prairie Village Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
150055 4,692 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store
150056 288 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
150057 414 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
150058 1,522 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store
150059 10,690 GRIGGS COOPER&CO Liquor Den Road Liquor Store
150061 33,968 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store
150062 359 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store
150063 992 MARGRON SKOGLUND WINE IMPORTS, Wine Domestic Den Road Liquor Store
150064 10,933 MARK VII Beer Prairie View Liquor Store
150065 867 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store
150066 1,782 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store
150067 5,964 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store
150068 73 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
150069 19,438 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
150070 3,219 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store
150071 16,455 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store
150072 388 RUSSELL&MILLER,INC Operating Supplies Den Road Liquor Store
150073 358 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
150074 12,707 TAYLOR DIST CO OF MN INC Beer Prairie View Liquor Store
150075 15,098 THORPE DISTRIBUTING Beer Den Road Liquor Store
150076 106 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store
150077 2,455 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store
150078 1,542 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
150079 965 WINE SOURCE INTERNATIONAL Liquor Den Road Liquor Store
150080 764 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
150081 100 AGAM,RONEN Refunds Environmental Education
150082 50 ALLEN,CHERYL Refunds Environmental Education
150083 100 BAXTER,JANE Refunds Environmental Education
150084 224 BRINK,PATRICK Deposits Escrow
150085 12,693 CENTERPOINT ENERGY Gas Fire Station#1
150086 108 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
150087 410 FSH COMMUNICATIONS LLC Telephone Riley Lake
150088 1,698 HANSEN,KEN OR JOY Deposits Escrow
150089 499 HENNEPIN COUNTY UT DEPT Software Maintenance Information Technology
150090 100 JOYCE,JOHN Refunds Environmental Education
150091 100 LANGERMEIER,DANIEL Refunds Environmental Education
150092 25,000 LEAGUE MN CITIES INS TRUST Insurance Risk Management
150093 100 NELSON,CAROLINE Refunds Environmental Education
150094 6,046 NILSSEN,BETH Instructor Service Ice Show
150095 100 NYLANDER,AMY W Refunds Environmental Education
150096 100 OBERG,DENNIS Refunds Environmental Education
150097 97 OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Arena
150098 1,365 OLD LOG THEATER Special Event Fees Red Hat
150099 68 OLSON,DAVID AR Utility Water Enterprise Fund
150100 600 POFFENBERGER,VERLE&BETTE Other Contracted Services Pleasant Hill Cemetary
150101 78 PORTA,KITTY Mileage&Parking City Clerk
150102 18 QUICKSILVER EXPRESS COURIER Postage Communication Services
150103 30 STATE OF MN OFFICE OF ADMIN HE Legal Human Resources
150104 185 TIME WARNER CABLE Dues&Subscriptions City Council
150105 100 UHL,DAVID Refunds Environmental Education
150106 100 VATLAND,JACK Refunds Environmental Education
150107 569 VERLO,JILL AR Utility Water Enterprise Fund
150108 275 WILDER,LOIS Other Contracted Services Classes/Programs/Events
150109 62,535 XCEL ENERGY Electric Traffic Signals
150110 100 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
150111 270 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
150112 100 BENDER,EMILY ANN Operating Supplies Red Hat
150113 2,242 BENTLEY,MAX Insurance Risk Management
150114 14 BLESI,STEVEN AR Utility Water Enterprise Fund
150115 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
150116 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
150117 5 DEVINE,COLLEEN AR Utility Water Enterprise Fund
150118 34 DISH NETWORK Cable TV Community Center Admin
150119 1,697 EF JOHNSON Equipment Parts Wireless Communication
150120 187 EMPLOYERS ASSOCIATION INC Office Supplies General
Check# Amount Vendor/Explanation Account Description Business Unit
150121 176 GE CAPITAL Other Rentals General
150122 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund
150123 41,528 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution
150124 300 HENNEPIN COUNTY TREASURER Licenses&Taxes Fleet Services
150125 100 HENNEPIN COUNTY TREASURER Office Supplies General
150126 1,530 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
150127 50 MACT Operating Supplies Arts Initiative
150128 150 MAGC Awards Communication Services
150129 188,338 MEDICA Medical Bills Prepaid Health and Benefits
150130 115 MENARDS Operating Supplies Fire
150131 1,411 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
150132 153 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund
150133 75 NCTRC Operating Supplies Senior Center Administration
150134 394 NORTHLAND SECURITIES INC Bond Issue Costs G.O.Improvement Bonds 2006A
150135 493 PEPSI COLA COMPANY Merchandise for Resale Concessions
150136 34 PETSMART Canine Supplies Police
150137 352 PETTY CASH Miscellaneous Housing,Trans,&Human Sery
150138 8,628 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
150139 7,570 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
150140 992 PRIEVE,ARNOLD Insurance Risk Management
150141 75 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
150142 321 PROP United Way Withheld General Fund
150143 3,787 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits
150144 29 RICHFIELD,CITY OF Operating Supplies Fleet Services
150145 1,004 SEARS COMMERCIAL ONE Small Tools Fire
150146 225 STAR Dues&Subscriptions Ice Arena Maintenance
150147 9 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store
150148 115 STAR TRIBUNE Employment Advertising Organizational Services
150149 33 UNCOMMON GATHERINGS Clothing&Uniforms Winter Theatre
150150 300 UNITED WAY United Way Withheld General Fund
150151 511 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store
150153 1,112 CHAGRIN VALLEY AUTO PARTS Small Tools Fire
150154 1,131 CLAREYS INC Other Contracted Services Park Maintenance
150155 41 DELEGARD TOOL CO Small Tools Park Maintenance
150156 13 ERNHART,JUDY Other Revenue Community Center Admin
150157 65 FLYNN,MONICA Memberships Community Center Admin
150158 127 FRESCO INC Operating Supplies Park Maintenance
150159 62 G.C.PETERSON MACHINERY CO.IN Equipment Repair&Maint Park Maintenance
150160 107 HENNEPIN COUNTY TREASURER-TARP Printing Assessing
150161 30 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
150162 620 HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance
150163 11,674 LAKE ASSAULT CUSTOM BOATS LLC Improvement Contracts Capital Impr./Maint.Fund
150164 185 LIONS TAP Operating Supplies Fire
150165 141 MENARDS Building Materials Park Maintenance
150166 2,896 METRO SALES INCORPORATED* Office Supplies General
150167 158 MOTOROLA Equipment Repair&Maint Wireless Communication
150168 447 MRCI Operating Supplies Park Maintenance
150169 201 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
150170 5 OLDENKAMP,KARI Program Fee Outdoor Center
150171 344 PITNEY BOWES INC Other Rentals General
150173 1,603 UNIFORMS UNLIMITED Clothing&Uniforms Fire
150174 100 UNITED PROPERTIES Deposits Escrow
150175 62 VERIZON DIRECTORIES CORP Advertising Community Center Admin
150176 8,208 XCEL ENERGY Electric Public Works/Parks
150178 38 ACE ICE COMPANY Misc Taxable Den Road Liquor Store
150179 328 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
150180 78 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
150181 4,920 BELLBOY CORPORATION Liquor Den Road Liquor Store
150182 7,292 DAY DISTRIBUTING Beer Prairie View Liquor Store
150183 4,500 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
150184 64 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
150185 650 GETTMAN COMPANY Misc Taxable Den Road Liquor Store
150186 60 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store
150187 285 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store
150188 10,406 GRIGGS COOPER&CO Liquor Den Road Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
150189 504 HOHENSTEINS INC Beer Den Road Liquor Store
150191 28,705 JOHNSON BROTHERS LIQUOR CO Misc Taxable Den Road Liquor Store
150192 67 M AMUNDSON Misc Non-Taxable Den Road Liquor Store
150193 4,859 MARK VII Beer Den Road Liquor Store
150194 356 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
150195 74 MORAN USA,LLC Misc Taxable Den Road Liquor Store
150196 3,574 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store
150197 5,149 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store
150198 2,976 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store
150200 18,463 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store
150201 4,861 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store
150202 18,916 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
150203 757 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store
150204 268 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store
150205 1,340 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
150206 2,074 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store
150207 1,814 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store
150208 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
150209 37 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Services
150210 29,379 BOBCAT Machinery&Equipment Water Utility-General
150211 50 BOLD,PAULINE Instructor Service Outdoor Center
150212 38 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services
150213 210 CAMPOS,LORI Instructor Service Outdoor Center
150214 254 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services
150215 59 CE&D Tuition Reimbursement/School Police
150216 90 CINGULAR WIRELESS Pager&Cell Phone Police
150217 181 COSTCO Operating Supplies Fire
150218 85 DEM CON LANDFILL LLC Waste Disposal Park Maintenance
150219 120 EGAN OIL COMPANY Lubricants&Additives Fleet Services
150220 49 FIRE FINDINGS Dues&Subscriptions Police
150221 117 GOOD,JAMIE Mileage&Parking Police
150222 120 GOVERNMENT TRAINING SERVICE Conference Expense Finance
150223 283 GRAND VIEW LODGE Tuition Reimbursement/School Police
150224 70 GRAY,ALAN Conference Expense Engineering
150225 5,414 HENNEPIN COUNTY TREASURER Board of Prisoner Police
150226 1,050 IND SCHOOL DIST 272 Other Contracted Services Outdoor Center
150227 100 JADE CATERING Tuition Reimbursement/School Police
150228 100 METRO CISM TEAM Tuition Reimbursement/School Police
150229 75 METROPOLITAN REGIONAL ARTS COU Conference Expense Parks Administration
150230 205 MINNESOTA CHAPTER IAAI-J SCHAD Conference Expense Fire
150231 188 MOCIC Dues&Subscriptions Police
150232 79 MOTOROLA Equipment Repair&Maint Wireless Communication
150233 100 MSANI Tuition Reimbursement/School Police
150234 75 NCTRC Dues&Subscriptions Parks Administration
150235 900 NEW SCHOOL COMMUNICATIONS Tuition Reimbursement/School Police
150236 270 PLEAA Dues&Subscriptions Police
150237 122 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance
150238 1,997 QWEST Telephone Sewer Liftstation
150239 24,858 RIVERFRONT FORD MERCURY Autos Police
150240 900 ROTH,ANDREW J. Instructor Service Outdoor Center
150241 100 ST PAUL,CITY OF Tuition Reimbursement/School Police
150242 5,795 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits
150243 16 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store
150244 15 UNITED STATES POLICE CANINE AS Dues&Subscriptions Police
150245 36 VERIZON WIRELESS Pager&Cell Phone Police
150246 300 WASHINGTON COUNTY SHERIFF'S DE Deposits Escrow
150247 111 ACE TRAILER SALES Operating Supplies Park Maintenance
150248 249 AMERICAN PRESSURE INC Equipment Repair&Maint Fleet Services
150249 383 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance
150250 381 ANCHOR PRINTING COMPANY Printing Police
150251 796 APPLIED ECOLOGICAL SERVICES IN Other Contracted Services 212/Charlson Rd.Intersectio
150252 5,037 AQUA LOGIC INC Machinery&Equipment Capital Impr./Maint.Fund
150253 141 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Services
150254 54 BATTLE LAKE SENIOR CARD PROJEC Operating Supplies Senior Board
150255 104 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
Check# Amount Vendor/Explanation Account Description Business Unit
150256 175 BCA-BTS Tuition Reimbursement/School Police
150257 43,447 BERGERSON-CASWELL INC Improvement Contracts Utility Improvement Fund
150258 67 BERRY COFFEE COMPANY Operating Supplies Senior Center Administration
150259 106 BEST BUY Other Hardware Information Technology
150260 732 BIFFS INC Waste Disposal Park Maintenance
150261 1,682 BLOOMINGTON,CITY OF Other Contracted Services Animal Control
150262 3,786 BOUND TREE MEDICAL LLC Safety Supplies Fire
150263 88 BROADWAY AWARDS Operating Supplies Senior Center Administration
150264 2,239 BROADWAY RENTAL EQUIPMENT CO Repair&Maint.Supplies Capital Impr./Maint.Fund
150265 1,168 BUCK NATHAN Other Contracted Services Volleyball
150266 2,850 CDW GOVERNMENT INC. Operating Supplies Police
150267 412 COMMERCIAL STEAM TEAM Other Contracted Services Prairie View Liquor Store
150268 20,200 COMMISSIONER OF TRANSPORTATION Improvement Contracts 212/Charlson Rd.Intersectio
150269 1,457 CORPORATE EXPRESS Office Supplies General
150270 1,406 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM
150271 631 DELL Computers Information Technology
150272 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development
150273 1,409 EF JOHNSON Equipment Parts Wireless Communication
150274 6,306 ENVIRONMENTAL PROCESS INC Legal Water Utility-General
150275 117 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services
150276 106 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services
150277 865 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services
150278 271 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
150279 211 FOREMOST PROMOTIONS Training Supplies Police
150280 14 G&K SERVICES Clothing&Uniforms Street Maintenance
150281 728 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
150282 167 GRAINGER Supplies-HVAC City Hall-CAM
150283 760 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM
150284 628 GROWERS SUPPLY Landscape Materials/Supp Park Maintenance
150285 14,116 HANSEN THORP PELLINEN OLSON Other Contracted Services Trails Referendum
150286 241 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services
150287 5,052 HENNEPIN COUNTY TREASURER-TARP Other Contracted Services EP Shopping Center
150288 371 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
150289 75 HOLMES,DAVE Other Contracted Services Basketball
150290 944 HOLMES,JOHN CARTER Other Contracted Services Volleyball
150291 636 HOLMES,TOM Other Contracted Services Volleyball
150292 104 HULES,JILL Operating Supplies Fire
150293 2,522 ICI DULUX PAINT CTRS Repair&Maint.Supplies Capital Impr./Maint.Fund
150294 170 IND SCHOOL DIST 272 Operating Supplies Fitness Classes
150295 79 INSIGHT PUBLIC SECTOR Other Hardware Information Technology
150296 1,688 INTOXIMETERS Operating Supplies Police
150297 268 ITL PATCH COMPANY INC Clothing&Uniforms Reserves
150298 2,156 ITS A KEEPER Operating Supplies Prairie View Liquor Store
150299 1,850 JEFFERSON FIRE&SAFETY INC Small Tools Fire
150300 1,321 KEEPERS Clothing&Uniforms Police
150301 4,200 KLM ENGINEERING INC Design&Engineering Water Treatment Plant
150302 6,313 KUSTOM SIGNALS INC Other Assets Police
150303 384 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Water Utility-General
150304 4,058 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
150305 10 LANO EQUIPMENT INC Equipment Parts Fleet Services
150306 42 LESCO INC Operating Supplies Park Maintenance
150307 952 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks
150308 894 LIFEGUARD STORE INC,THE Clothing&Uniforms Pool Lessons
150309 1,756 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services
150310 818 LYNN PEAVEY COMPANY Operating Supplies Police
150311 3,799 MACQUEEN EQUIPMENT INC Small Tools Fleet Services
150312 408 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire
150313 238 MAXI-PRINT INC Printing Police
150315 882 MENARDS Operating Supplies Street Maintenance
150316 10,583 MESSERLI&KRAMER Dues&Subscriptions City Council
150317 8,680 METRO FIRE Small Tools Fire
150318 1,176 METROPOLITAN FORD Equipment Parts Fleet Services
150319 58 MINNESOTA CHIEFS OF POLICE ASS Printing Police
150320 149 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
150321 2,500 MONSTER INC Employment Advertising Organizational Services
Check# Amount Vendor/Explanation Account Description Business Unit
150322 1,336 MORLEY BURNETT Contract Svcs-General Bldg Ice Arena Maintenance
150323 573 MTI DISTRIBUTING INC Equipment Parts Fleet Services
150324 11 MUSIC THEATRE INTERNATIONAL Operating Supplies Arts Initiative
150325 3,625 NORTH AMERICAN SALT CO Salt Snow&Ice Control
150326 578 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services
150327 7,011 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Telephone
150328 122 NUCO2 INC Chemicals Pool Maintenance
150329 92 OLSEN COMPANIES Equipment Repair&Maint Park Maintenance
150330 79 ORIENTAL TRADING COMPANY INC Operating Supplies Fitness Classes
150331 194 PAPER DIRECT INC Office Supplies City Manager
150332 417 PEPSI COLA COMPANY Merchandise for Resale Concessions
150333 1,027 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology
150334 115 PETSMART Canine Supplies Police
150335 171 PHILIPS MEDICAL SYSTEMS Equipment Repair&Maint Police
150336 4,545 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Capital Impr./Maint.Fund
150337 140 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Park Maintenance
150338 281 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
150339 53 RADIOSHACK Operating Supplies Police
150340 264 ROUSTAN BURLEYS LLC Operating Supplies Ice Arena
150341 600 SHAMROCK TOURS Special Event Fees Trips
150342 21,000 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Fire Station#4
150343 55 SNAP-ON TOOLS Small Tools Fleet Services
150344 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources
150345 2,000 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology
150346 63 SOUND CLIPS INC Video&Photo Supplies Communication Services
150347 8,245 SRF CONSULTING GROUP INC Other Contracted Services Planning&Development
150348 174 STATE SUPPLY COMPANY Repair&Maint.Supplies City Hall-CAM
150349 8,753 STEVENS ENGINEERS Building Capital Impr./Maint.Fund
150351 28,477 STREICHERS Machinery&Equipment Capital Impr./Maint.Fund
150352 24 SUBURBAN CHEVROLET Equipment Parts Fleet Services
150353 490 SUN NEWSPAPERS Legal Notices Publishing City Clerk
150354 175 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center
150355 18,014 TECHNICAL DIFFERENCE INC Miscellaneous Information Technology
150356 79 TEE JAY NORTH INC Contract Svcs-General Bldg Community Center Maintenance
150357 1,071 TESSCO Capital Under$2,000 Fleet Services
150358 142 TOLL GAS AND WELDING SUPPLY Equipment Repair&Maint Park Maintenance
150359 9,890 TOTAL REGISTER Software Den Road Liquor Store
150360 1,628 UNIFORMS UNLIMITED Clothing&Uniforms Police
150361 256 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Community Center Maintenance
150362 94 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
150363 49 UTING,NICOLE Other Contracted Services Adult Open Gym
150364 65 VOSS LIGHTING Supplies-Electrical Community Center Maintenance
150365 50 W P&R S MARS CO Operating Supplies Park Maintenance
150366 17,475 WALL TRENDS INC Building Repair&Maint. Capital Impr./Maint.Fund
150367 2,985 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Fire Station#3
150368 1,873 YALE MECHANICAL INC Contract Svcs-HVAC Fire Station#1
150369 441 YSI INCORPORATED Equipment Repair&Maint Park Maintenance
150370 145 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services
150371 29 AMERICAN MESSAGING Pager&Cell Phone Sewer Utility-General
150372 65 AMERICAN WATER WORKS ASSOCIATI Dues&Subscriptions Water Utility-General
150373 30 BARBER JEFF Mileage&Parking Fleet Services
150374 77 BATTERY STORE INC,THE Operating Supplies Water Utility-General
150375 3,950 BRAUN INTERTEC CORPORATION Other Contracted Services Parks Referendum
150376 336 CHAPMAN AND CULTER Paying Agent $3,390,000 Facility Bond 2000
150377 7,610 CLAREYS INC Safety Supplies Sewer Utility-General
150378 2,646 CONTROL STUFF INC. Process Control Services Water Treatment Plant
150379 52 CRON,SUE Operating Supplies Ice Show
150380 32 CULLIGAN-METRO Other Contracted Services Outdoor Center
150381 2,436 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
150382 120 DALBEC,CORY Mileage&Parking Water Treatment Plant
150383 10,561 DRT TRANSPORT Other Contracted Services Lime Sludge
150384 1,883 ENGINEERED ICE SYSTEMS Contract Svcs-Ice Rink Ice Arena Maintenance
150385 212 FASTENAL COMPANY Equipment Parts Water Treatment Plant
150386 88 FEDEX Postage Police
150387 827 FERRELLGAS Gas Riley Lake
Check# Amount Vendor/Explanation Account Description Business Unit
150388 368 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
150389 900 HENNEPIN COUNTY TREASURER Licenses&Taxes Riley Lake
150390 100 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire
150391 100 HOLT,TIMOTHY Refunds Environmental Education
150392 573 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
150393 30 JOHNSON,PAULA Mechanical Permits General Fund
150394 2,000 KORTERRA,INC Other Contracted Services Water System Maintenance
150395 96 KRAMER,KEVIN Operating Supplies Ice Show
150396 11,346 LANO EQUIPMENT INC Other Assets Street Lighting
150397 100 MALINA,SUSAN Refunds Environmental Education
150398 80 METRO CLEANING Fire Prevention Permits General Fund
150399 105 MINNESOTA DEPT OF NATURAL RESO Operating Supplies Park Maintenance
150400 20 MORAN,JACK Operating Supplies Girls on the Run
150401 122 MUENCH,JOHANNA Operating Supplies Ice Show
150402 42 NILSSEN,BETH Operating Supplies Ice Show
150403 100 ORR,TRACEY Refunds Environmental Education
150404 77 PAIGE,LARRY Mileage&Parking Water Treatment Plant
150405 100 PAPPAS,PATRICIA A Refunds Environmental Education
150406 145 PERFORMANCE POOLS Building Permits General Fund
150407 101 PETERSON,ROBERT Mileage&Parking Water Treatment Plant
150408 56 PITKANEN,STEVEN S Mileage&Parking Water Treatment Plant
150409 121 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
150410 104 PUNTON,JASON Mileage&Parking Water Treatment Plant
150411 1,454 STS CONSULTANTS LTD Improvement Contracts Capital Outlay Parks
150412 61,275 SUPERIOR FORD Autos Capital Impr./Maint.Fund
150413 2,090 VALLEY RICH CO INC Other Contracted Services Water System Maintenance
150414 100 VANIC,KAREN Refunds Environmental Education
150415 400 WASHINGTON COUNTY SHERIFF'S DE Deposits Escrow
150416 30 WINE&SPIRITS Dues&Subscriptions Den Road Liquor Store
150417 95 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
150418 31 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
150419 8,711 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store
150420 7,274 DAY DISTRIBUTING Beer Den Road Liquor Store
150421 3,053 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store
150422 396 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
150423 24 GETTMAN COMPANY Misc Taxable Den Road Liquor Store
150424 1,306 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store
150425 12,441 GRIGGS COOPER&CO Liquor Den Road Liquor Store
150427 38,032 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
150428 227 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store
150429 4,329 MARK V11 Beer Prairie View Liquor Store
150430 838 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store
150431 732 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
150432 7,837 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store
150433 18,325 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
150434 3,424 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
150435 8,250 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store
150436 575 SPECIALTY WINES AND BEVERAGES Liquor Prairie Village Liquor Store
150437 12,336 TAYLOR DIST CO OF MN INC Beer Prairie Village Liquor Store
150438 8,419 THORPE DISTRIBUTING Beer Prairie View Liquor Store
150439 693 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store
150440 2,146 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
150441 4,079 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store
150442 282 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
150443 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
150444 160 BOLD,PAULINE Instructor Service Outdoor Center
150445 278 CAMPOS,LORI Instructor Service Outdoor Center
150446 282 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow
150447 82 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance
150448 1,453 DELI DOUBLE Special Event Fees Classes/Programs/Events
150449 3,550 FINLEY BROS INC Repair&Maint.Supplies Water Well#8
150450 446 GLENROSE FLORAL AND GIFT SHOPS Accounts Payable Escrow
150451 120 HAUGER,DENISE Program Fee Preschool Events
150452 20 HOCHREIN,PAMELA Program Fee Leisure Education
150453 35 ICF CONSULTING Conference Expense Rehab
Check# Amount Vendor/Explanation Account Description Business Unit
150454 561 LEAGUE MN CITIES INS TRUST Insurance Prairie View Liquor Store
150455 45 LENTZ,LAURA AR Utility Water Enterprise Fund
150456 350 MIDWEST TAPE&RIBBON INC Advertising Prairie Village Liquor Store
150457 495 MINNESOTA SAFETY COUNCIL Conference Expense Risk Management
150458 77 NIELSEN,BRINN AR Utility Water Enterprise Fund
150459 368 OLD LOG THEATER Special Event Fees Trips
150460 64 PAULSON,KIRBY Mileage&Parking Fleet Services
150461 272 PETTY CASH-CARLA KRESS Operating Supplies Classes/Programs/Events
150462 330 RGI PUBLICATIONS INC Advertising Prairie View Liquor Store
150463 4,199 RICHFIELD,CITY OF Autos Capital Impr./Maint.Fund
150464 205 SCOTT COUNTY Deposits Escrow
150465 90 STEINGAS,CHARLES Program Fee Preschool Events
150466 115 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
150467 91 AMERICAN PLANNING ASSOCIATION Operating Supplies Planning
150468 13,342 CARDMEMBER SERVICE Tuition Reimbursement/School Police
150469 62,144 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM
150470 65 COSTCO Operating Supplies Athletic Programs Admin
150471 65 EDEN PRAIRIE CHAMBER OF COMMER Printing Community Brochure
150472 54 GROTH MUSIC Other Contracted Services Community Band
150473 570 HENNEPIN COUNTY TREASURER Operating Supplies Planning
150474 1,215 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
150475 281 NEAL,SCOTT Travel Expense City Manager
150476 45 NEW FOGEY FOLLIES Special Event Fees Red Hat
150477 605 NRPA Dues&Subscriptions Parks Administration
150478 362 OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Arena
150479 26 OLD LOG THEATER Special Event Fees Trips
150480 351 PETTY CASH-POLICE DEPT Travel Expense Police
150481 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
150482 29 PROGRESSIVE BUSINESS PUBLICATI Dues&Subscriptions General Facilities
150483 159 SCIENCE MUSEUM OF MINNESOTA Conference Expense Planning
150484 113 SIGNSOURCE Office Supplies City Manager
150485 85 SOCIETY OF WETLAND SCIENTISTS Dues&Subscriptions Storm Drainage
150486 628 ST CLOUD STATE UNIVERSITY Tuition Reimbursement/School Police
150487 39 STATE OF MINNESOTA Operating Supplies Fleet Services
150488 139 STOVRING,LESLIE Mileage&Parking Storm Drainage
150489 33,107 SUPERIOR FORD Autos Capital Impr./Maint.Fund
150490 915 TAMS-WITMARK MUSIC LIBRARY INC Other Rentals Summer Theatre
150491 11 TWIN CITY OXYGEN CO Supplies-General Bldg General Facilities
150492 205 TYRA-LUKENS,NANCY Travel Expense City Council
150493 186 WALMART COMMUNITY Miscellaneous Communication Services
150494 68,781 XCEL ENERGY Electric Traffic Signals
150495 579 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance
150496 76 BOSACKER,MIKE Tuition Reimbursement/School Police
150497 79 BRINK,PATRICK Mileage&Parking Communication Services
150498 273 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
150499 76 DEMANN,JIM Tuition Reimbursement/School Police
150500 2,000 EXPLORER POST 925 Tuition Reimbursement/School Reserves
150501 336 GREATAMERICA LEASING CORP. Other Rentals General
150502 100 GUTTMAN,JOHN Refunds Environmental Education
150503 100 HANSEN,ERIK OR NICOLE Refunds Environmental Education
150504 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning
150505 25 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance
150506 1,411 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
150507 163 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund
150508 47 NEWPAPER LLC Operating Supplies City Manager
150509 50 PAPPAS,PATRICIA A Refunds Environmental Education
150510 100 POHLEN,JUDITH Refunds Environmental Education
150511 58 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
150512 2,635 QWEST Pager&Cell Phone Water Utility-General
150513 76 REYNOLDS,ROB Tuition Reimbursement/School Police
150514 100 RICKENBACH,MARILYNNE Refunds Environmental Education
150515 155 SCHMIT,KELLY Operating Supplies Ice Show
150516 300 SCOTT COUNTY Deposits Escrow
150517 17,924 THANE HAWKINS POLAR CHEVROLET Autos Fire
150518 100 VANGOETHEN,TANA Refunds Environmental Education
Check# Amount Vendor/Explanation Account Description Business Unit
150519 100 VICK,JENNIFER Refunds Environmental Education
150520 96 WALKER ART CENTER Special Event Fees Leisure Education
150521 330 WILDER LOIS Special Event Fees Classes/Programs/Events
150522 1,272 XCEL ENERGY Electric Sewer Liftstation
150523 160 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
150524 224 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store
150525 938 BOSACKER,MIKE Tuition Reimbursement/School Organizational Services
150526 120 CAMPOS,LORI Instructor Service Outdoor Center
150527 3,846 CENTURYTEL Telephone Telephone
150528 457 GE CAPITAL Other Rentals General
150529 239 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals
150530 25 MUNICIPALS Dues&Subscriptions Human Resources
150531 371 PETTY CASH Mileage&Parking Water Utility-General
150532 9 QUICKSILVER EXPRESS COURIER Postage Communication Services
150533 35 QWEST Telephone E-911 Program
150534 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery
150535 179 ST.LOUIS PARK,CITY OF Dues&Subscriptions City Manager
150536 317 TEKIELA,STAN Small Tools Outdoor Center
150537 90 TIME WARNER CABLE Dues&Subscriptions City Council
150538 102 VERIZON WIRELESS Pager&Cell Phone Sewer Utility-General
150539 560 WILLIAMS,LINDA D Tuition Reimbursement/School Organizational Services
150540 29,126 XCEL ENERGY Electric Water Treatment Plant
150541 232 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
150542 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
150543 34 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
150544 4,095 BELLBOY CORPORATION Wine Imported Den Road Liquor Store
150545 128 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store
150546 8,138 DAY DISTRIBUTING Beer Prairie Village Liquor Store
150547 3,937 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store
150548 300 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
150549 329 GRAND PERE WINES INC Wine Imported Den Road Liquor Store
150550 8,267 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store
150551 1,024 HOHENSTEINS INC Beer Den Road Liquor Store
150553 19,399 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store
150554 73 M AMUNDSON Misc Non-Taxable Den Road Liquor Store
150555 396 MARGRON SKOGLUND WINE IMPORTS, Wine Domestic Prairie View Liquor Store
150556 15,485 MARK VII Beer Prairie Village Liquor Store
150557 700 PAT KERNS WINE MERCHANTS Wine Domestic Prairie View Liquor Store
150558 2,828 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store
150559 17,711 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store
150560 4,429 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
150561 23,029 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store
150562 . 8,324 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store
150563 6,286 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
150564 1,039 WINE COMPANY,THE Wine Imported Den Road Liquor Store
150565 2,214 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store
150566 812 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store
150567 2,630 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store
150568 175 ATOM Tuition Reimbursement/School Police
150569 227 BATTERY TECH INC Capital Under$2,000 Fleet Services
150570 121 BERTELSON OFFICE PLUS Office Supplies Water Utility-General
150571 51 BISMARK BUILDERS LLC Cash Over/Short General Fund
150572 39,459 BOYER TRUCKS SO.ST.PAUL Autos Park&Recreation
150573 472 CENTERPOINT ENERGY Gas Miller Park
150574 2,024 COMMISSIONER OF TRANSPORTATION Design&Engineering Improvement Projects 1996
150575 904 FISHER SCIENTIFIC Operating Supplies Water Treatment Plant
150577 2,430 GENUINE PARTS COMPANY Equipment Parts Fleet Services
150578 113 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance
150579 788 GREG CARBON SPORTS Video&Photo Supplies Summer Skill Development
150580 275 HENNEPIN CHIEF'S ASSOCIATION Tuition Reimbursement/School Police
15058I 260 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police
150582 25 JADE CATERING Tuition Reimbursement/School Police
150583 124 KEATING,MARY Mileage&Parking Housing,Trans,&Human Sery
150584 200 METRO CISM TEAM Tuition Reimbursement/School Police
150585 538 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
150586 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant
150587 69 PARK NICOLLET CLINIC Other Contracted Services Risk Management
150588 450 PERNSTEINER CREATIVE GROUP INC Printing July 4th Celebration
150589 55 PUNTON,JASON Conference Expense Water Utility-General
150590 100 SALMELA,DAVID Other Contracted Services Arts Initiative
150591 33 SIMONS,LACIA AR Utility Water Enterprise Fund
150592 92 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance
150593 232 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM
150594 557 US POSTMASTER-HOPKINS Printing Senior Center Administration
150595 613 USA BLUEBOOK Process Control Equipment Water Treatment Plant
150596 195 V WR INTERNATIONAL INC Chemicals Water Treatment Plant
150597 84 WERTS,SANDY Mileage&Parking Arts
150598 50 WHITE,NICOLE Operating Supplies Leisure Education
150599 10 WILS Conference Expense Recreation Administration
150600 2,189 ZIEGLER INC Maintenance Contracts Water Treatment Plant
150601 2,237 2ND WIND EXERCISE Capital Under$2,000 Fitness Center
150602 434 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance
150603 228 ALTERNATIVE BUSINESS FURNITURE Supplies-General Bldg General Facilities
150604 1,141 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance
150605 624 ANCHOR PRINTING COMPANY Printing Community Brochure
150606 833 AQUA LOGIC INC Contract Svcs-General Bldg Pool Maintenance
150607 1,108 ASPEN EQUIPMENT CO. Capital Under$2,000 Fleet Services
LT TIRE AND R Equipment Parts Fleet Services
150608 503 BAUER BUILT BATTERY
150609 421 BERTELSON OFFICE PLUS Office Supplies Water Treatment Plant
150610 97 BLACK&DECKER,USPTG Small Tools Sewer Utility-General
150611 6,015 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Park Shelters
150612 217 BORDER STATES ELECTRIC SUPPLY Conference Expense Engineering
150613 33 BOYER TRUCKS Equipment Parts Fleet Services
150614 165 CEMSTONE PRODUCTS COMPANY Building Repair&Maint. Cummins Grill
150615 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store
150616 116 CLAREYS INC Office Supplies General
150617 755,660 COMMISSIONER OF TRANSPORTATION Improvement Contracts Improvement Projects 1996
150618 157 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services
150619 539 CONNEY SAFETY PRODUCTS Repair&Maint.Supplies Water Treatment Plant
150620 1,233 CORPORATE EXPRESS Office Supplies General
150621 28 CROWN MARKING INC Office Supplies General
150622 2,039 CUMMINS NPOWER LLC Equipment Repair&Maint Fleet Services
150623 653 CUSTOM WATER WORKS Miscellaneous Communication Services
150624 11,747 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
150625 350 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary
150627 51,740 DIVERSE BUILDING MAINTENANCE Janitor Service Historical Buildings
150628 176 DMX MUSIC Other Contracted Services Den Road Liquor Store
150629 305 DNR Awards Softball
150630 9,365 E H RENNER&SONS Equipment Repair&Maint Water Treatment Plant
150631 6,454 EARL F ANDERSEN INC Signs Traffic Signs
150632 558 ENVIROMATIC CORP Contract Svcs-Garden Romm Garden Room Repairs
150633 1,542 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services
150634 22 FALCK,TIMOTHY R Other Contracted Services Softball
150635 26 FASTENAL COMPANY Operating Supplies Traffic Signals
150636 197 FASTSIGNS Operating Supplies Ice Arena
150637 26 FERRELLGAS Motor Fuels Water Utility-General
150638 1,414 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services
150639 270 FORD,GARY Other Contracted Services Park Maintenance
150640 147 FORDAHL,TAMARA Other Contracted Services Volleyball
150641 40 G&K SERVICES Clothing&Uniforms Park Maintenance
150642 142 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance
150643 5,588 GARTNER REFRIGERATION&MFG IN Contract Svcs-Ice Rink Ice Arena Maintenance
150644 1,381 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant
150645 897 GRAINGER Supplies-General Bldg Outdoor Center Facilities
150646 1,880 GREAT AMERICAN MARINE Machinery&Equipment Capital Impr./Maint.Fund
150647 24,271 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#5
150648 202 HAMMERLUND MFG CO INC Operating Supplies Street Maintenance
150649 8,803 HANSEN THORP PELLINEN OLSON Other Contracted Services Planning&Development
150650 18,945 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
150651 3,777 HAWKINS INC Chemicals Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit
150652 5,932 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery
150653 106 HENRY,PAUL Other Contracted Services Volleyball
150654 1,165 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
150655 169 HOLMES,TOM Other Contracted Services Volleyball
150656 10,709 HOUSE OF PRINT Printing Community Brochure
150657 795 HUMMINGBIRD HELICOPTERS LLC Other Contracted Services Deer Consultant
150658 33 IND SCHOOL DIST 272 Building Rental Summer Theatre
150659 4,104 INDUSTRIAL FLOOR MAINTENANCE I Small Tools Fleet Services
150660 354 INFRATECH Repair&Maint.Supplies Water Utility-General
150661 54 ITS A KEEPER Operating Supplies City Manager
150662 79 J H LARSON COMPANY Supplies-Electrical Public Works/Parks
150663 121 J J KELLER&ASSOCIATES INC Office Supplies General
150664 338 JANEX INC Supplies-General Bldg General Facilities
150665 573 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
150666 7,565 KEYS WELL DRILLING COMPANY Improvement Contracts Utility Improvement Fund
150667 5 KRAEMERS HARDWARE INC Equipment Repair&Maint Park Maintenance
150668 2,104 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
150669 1,108 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT
150670 2,343 LAVAN FLOOR COVERING Building Capital Impr./Maint.Fund
150671 260 LIGHTNING PRINTING INC Printing Community Brochure
150672 566 MENARDS Operating Supplies Park Maintenance
150673 872 METROPOLITAN FORD Equipment Parts Fleet Services
150674 14,631 MIDWEST ASPHALT CORPORATION Improvement Contracts Construction Fund
150675 4,080 MIDWEST DESIGN CO Other Contracted Services Communication Services
150676 319 MINNESOTA CONWAY Capital Under$2,000 Fleet Services
150677 2,196 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance
150678 945 MTI DISTRIBUTING INC Equipment Parts Fleet Services
150679 11 OLSEN COMPANIES Operating Supplies Traffic Signals
150680 58,501 PARK CONSTRUCTION Improvement Contracts ADC PROJECT
150681 6,252 PARROTT CONTRACTING INC Other Contracted Services Sewer System Maintenance
150682 124 POKORNY COMPANY Supplies-Plumbing Community Center Maintenance
150683 8,516 PRAIRIE ELECTRIC COMPANY Other Contracted Services Ice Show
150684 134 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance
150685 153 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
150686 150 PUSH PEDAL PULL Equipment Repair&Maint Fitness Center
150687 181 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
150688 2,724 RADCO Capital Under$2,000 Fleet Services
150689 111 REAL GEM Operating Supplies City Manager
150690 102 REED BUSINESS INFORMATION Crack Filling Street Maintenance
150691 503 RETROFIT RECYCLING INC Waste Disposal General Facilities
150692 1,200 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant
150693 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services
150694 109 SEARS COMMERCIAL ONE Small Tools Fire
150695 324 SNAP-ON TOOLS Small Tools Fleet Services
150696 840 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire
150697 11,739 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit
150698 2,720 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council
150699 396 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store
150700 2,110 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services
150701 120 SPIRIT APPAREL&STUFF Operating Supplies Fitness Classes
150702 102 SPS COMPANIES Supplies-Plumbing Community Center Maintenance
150703 69 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services
150704 94 ST.LOUIS PARK,CITY OF Conference Expense Park Maintenance
150705 778 STAR TRIBUNE Employment Advertising Organizational Services
150706 263 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM
150707 542 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services
150708 2,002 STREICHERS Capital Under$2,000 Fleet Services
150709 1,387 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Services
150710 585 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services
150711 969 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Public Works/Parks
150712 733 SUN NEWSPAPERS Employment Advertising Organizational Services
150713 619 TKE CORP Equipment Repair&Maint Water Treatment Plant
150714 514 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Services
150715 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building
150716 45 TOWN AND COUNTRY DODGE Equipment Repair&Maint Fleet Services
Check# Amount Vendor/Explanation Account Description Business Unit
150717 193 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services
150718 175 UNITED RENTALS HIGHWAY TECHNOL Other Rentals Sewer Utility-General
150719 43 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance
150720 1,264 VESSCO INC Repair&Maint.Supplies Water Treatment Plant
150721 36 VIDEO SERVICE OF AMERICA Video&Photo Supplies Communication Services
150722 268 VOSS LIGHTING Supplies-Electrical Community Center Maintenance
150723 11,348 WENCK ASSOCIATES INC Deposits Escrow
150724 10,930 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services
150725 445 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Fire Station#3
150726 556 WIGLEY AND ASSOCIATES Software Information Technology
150727 2,253 WM MUELLER AND SONS INC Sand Snow&Ice Control
150728 29 WOLF CAMERA Video&Photo Supplies Communication Services
150729 8,113 YALE MECHANICAL INC Repair&Maint.Supplies Water Treatment Plant
150730 168 ZAHN,GERALD Other Contracted Services Volleyball
3,966,247 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinance&Resolution April 18,2006
DEPARTMENTS/DIVISION: ITEM DESCRIPTION: ITEM NO.:
George Esbensen, Fire Chief 1st reading of an ordinance amending City Code
Kevin Schmieg,Building Section 9.11 relating to the Rental Housing Code. X.A.
Official
Requested Action
Move to: Approve 1 st reading of an ordinance amending City Code Section 9.11.
Synopsis
The changes that are proposed are primarily "housekeeping" with the exception of adding
requirements for the building interior, smoke detectors and adding the presence of mold as a
violation.
Background
The changes include:
• Changing the name of Building Official to Administrative Authority
• Adding Subd 8,relating to Building Interiors.
• Adding Sub 10, relating to smoke detectors and renumbering
• Amending Subd 6, relating to premises identification
• Amending Subd 7, relating to seasonal heating
• Amending Subd 11, relating to presence of mold
Attachment
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2006
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE SECTION 9.11 BY CHANGING THE NAME OF BUILDING OFFICIAL
TO ADMINISTRATIVE AUTHORITY; ADDING A NEW SUBD. 8, BUILDING
INTERIOR; ADDING A NEW SUBD. 10 SMOKE DETECTORS; AND AMENDING
SUBD. 6, 7, AND 11; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1
AND SECTION 9.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Section 1. City Code Section 9.11 entitled, "RENTAL HOUSING" is amended by deleting the
title "Building Official" and in each instance in Section 9.11 replacing it with "Administrative
Authority."
Section 2. City Code Section 9.11, Subd. 4 is amended by inserting the following new definition
in alphabetical order and renumbering the Definitions section accordingly:
"Administrative Authority"means the Fire Chief,the Building Official or their designee.
Section 3. City Code Section 9.11, Subd. 6.A. 2. is amended by adding at the end of the
sentence", except that a window shall not be required in such spaces equipped with a
mechanical ventilation system."
Section 4. City Code Section 9.11, is amended by adding Subd. 6.A.6. as follows:
Premises Identification. Building shall have approved address numbers, placed in a
position to be plainly legible and visible from the street or road fronting the property.
These numbers shall contrast with their background and numbers shall be a minimum of
4 inches high.
Section 5. City Code Section 9.11, Subd. 7. A. is amended by changing "seventy" degrees to
"sixty eight" degrees and by adding after the last sentence "Heat shall be supplied during the
period of September 15t' to May 15t'. Exception: When the outdoor temperature is below the
winter outdoor design temperature for the locality, maintenance of the minimum room
temperature shall not be required, provided that the heating system is operating at its full design
capacity."
Section 6. City Code Section 9.11, Subd. 8,Exits is renumbered Subd. 9.
Section 7. City Code Section 9.11,a new subd. 8,Building Interior, is added as follows:
Subd. 8. Building Interior.
A. Interior surfaces. Interior surfaces including windows and doors shall be
maintained in good, clean and sanitary condition. Peeling, chipping, flaking or
abraded paint shall be repaired, removed or covered. Cracked or loose plaster,
decayed wood, and other defective surfaces shall be corrected.
B. Interior Doors. Every interior door shall fit reasonably within its frame and shall
be capable of being opened and closed by being properly attached to jambs,
headers or tracks as intended by the manufacturer of the attachment hardware.
C. Handrails and Guards. Every handrail and guard shall be firmly fastened and
capable of supporting normally applied loads and shall be maintained in good
condition in conformance with the code under which it was constructed.
D. Stairs and walking surfaces. Every stair, ramp, landing,balcony, porch, deck,or
other walking surface shall be maintained in sound condition and good repair.
Section 8. City Code Section 9.11, Subd. 9, Substandard Building is renumbered Subd. 11.
Section 9. City Code Section 9.11, Subd. 11, Substandard Buildings Subd. C. is amended by
adding 12. as follows:
12. Presence of mold or other fungal growth.
Section 10. City Code Section 9.11, a new Subd. 10, Smoke Detectors is added as follows:
Subd. 10 Smoke Detectors. Existing Group R occupancies not already equipped with
single station smoke alarms shall be equipped with approved single station smoke alarms.
Smoke detectors shall be installed on each floor of residential buildings in accordance
with the Minnesota State Fire Code. Smoke Alarms shall be maintained in an operative
condition at all times and shall be replaced or repaired when defective.
Section 11. City Code Section 9.11, Subd. 10, Notices and Orders of Administrative Authority
is renumbered Subd. 12.
Section 12. City Code Section 9.11, Subd. 11,Appeal is renumbered Subd. 13.
Section 13. City Code Section 9.11, Subd. 12, Enforcement of the Order of the Administrative
Authority or the Building Code Board of Appeals is renumbered Subd. 14.
Section 14.This ordinance shall become effective from and after its passage and publication.
Section 15. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
Entire City Code including Penalty for Violation" and Section 9.99, entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st
day of March, 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 the day of 12006.
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director April 18,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Robert A. Lambert, Director Red Rock Hills Park and Red Rock Lake Trail XIV. D. 1.
Parks and Recreation System
Requested Action
1"Motion:
Move to: Authorize staff to replace the deteriorated trail with a trail built to City standards that
will provide the public with access to the shoreline, and to install a public dock on
that shoreline to accommodate fishing and to make it easier to launch a canoe from
that location.
2nd Motion:
Move to: Designate the public accesses to Red Rock Hills Mini Park by marking all three
public accesses on the City outlots between homes on the north, south and east sides
of the park, and begin maintaining this property in a fashion similar to the City
standards on other mini parks.
Synopsis
Residents living north of the Red Rock Lake were invited to share their concerns relating to Red
Rock Hills mini park and the north shore of Red Rock Lake at the March 6 meeting of the Parks,
Recreation and Natural Resources Commission.At that meeting the Commission recommended
approval of the actions listed above.
Background
In October of 2005,Dennis Marble, 15421 Village Woods Drive,wrote a letter expressing concerns
over the lack of maintenance on the public trail on the north shore of Red Rock Lake and expressing
his surprise that the park(or common area) behind his home was owned by the City of Eden Prairie.
He and several neighbors had been maintaining this area for the last twenty-five years and it if is
City parkland, he wanted to know why the City was not maintaining it.
Red Rock Lake Shore Land Trail
In the mid-1970's,the City of Eden Prairie had a vision to protect the shore land along the north
shore of Red Rock Lake and provide a trail along the north shore and around the east side of the
lake. The City required the developer of the first phase of the development along the north shore of
Red Rock Lake to dedicate a strip of land along the lake shore and construct a public trail within that
corridor. In the early to mid-1980's,when the property east of the initial development was developed
the City Council was not as committed to protecting the shoreline and constructing that trail;
Red Rock Hills Park and Red Rock Lake Trail System
April 18, 2006
Page 2
therefore,the developer of that property was not required to make the same shoreline preservation
commitment.
The fact that the trail does not extend further to the east or to the west does not change the fact that
the City does own the land behind fifteen lots along Village Woods Drive on the north shore of Red
Rock Lake. There is the remnant of a trail that was constructed in the late-1970's by the developer
within a portion of that public land,thus providing residents in that neighborhood with access to the
shore line for fishing, launching a canoe, or simply enjoying a walk along the lakeshore.
The issues relating to this piece of public land are as follows:
1. Residents are concerned that the City has not maintained the trail in good condition and
while the residents adjacent to the trail would prefer to see the trail eliminated, other
residents would prefer to see the City improve the trail to City standards and provide better
access to the lakeshore.
2. Some of the residents that own lots adjacent to this public land have encroached onto the
public land with retaining walls or other"improvements"and have been notified that they
must remove those"improvements"on public property. Some of these so called
improvements include docks where they have tied their boats, etc.None of these docks are
approved for use on public property.
3. Some residents backing up to this property have removed vegetation from the public
conservation land to improve their views of the lake. These residents have been notified that
it is illegal to cut or remove vegetation on public property. Some of these residents
complained that they are removing undesirable trees, such as buckthorn or undesirable weeds
such as Canadian thistles, and they are requesting that the City maintain that area like a park,
rather than a conservation area, or allow them to continue to remove vegetation as they see
fit.
4. Residents have expressed concerns over erosion on this slope and have used that fact to
justify their trespass for construction of retaining walls.
City Staff Recommendation
City staff believe that the public property along the north shore of Red Rock Lake is a valuable
resource to the residential neighborhood north of Red Rock Lake and should be maintained for all to
use. Staff concur that the City has not done a good job of maintaining the trail in that location, and
that the trail should be removed and replaced with a trail that meets City standards and that the City
should consider constructing a fishing pier or at least a dock in that vicinity that would allow people
to fish or to use to launch canoes, etc.but not to use for mooring their private watercraft overnight.
The conservation area along that north shore is generally a steep wooded slope that should be left in
its natural condition. The City will remove noxious weeds such as Canadian thistle upon complaint
from the adjacent residents;however,residents are not authorized to take it upon themselves to
remove vegetation behind their homes on public property to accommodate their own views or use of
the property.
Red Rock Hills Park and Red Rock Lake Trail System
April 18, 2006
Page 3
Residents that have encroached upon City property should be required to remove all
"improvements", and restore any natural vegetation they may have removed.
Residents with concerns about erosion behind their property should contact the City to evaluate the
best method for addressing the erosion problem.
Red Rock Hills Mini Park
The Red Rock Hills Mini Park was created as a common property by the developer with the intent
that it be maintained by the homeowners association.Apparently a homeowners association was
never formed; however, several neighbors have take on the responsibility to mow the property and to
make several improvements including a small gazebo, a fire pit and a volleyball court.
In the late-1980's, apparently there were diseased elm trees that were marked on that property,with
the notice sent to the owner of record(most likely the developer). When the trees were not removed
by the developer or the owner of record,the City paid for the removal of the diseased elm trees and
assessed the cost of the removal to that property,eventually those assessments were not paid and the
property was forfeited to the State of Minnesota for unpaid taxes.
Whenever property within the City is put up for sale by the County due to tax forfeiture,the City has
the first right to acquire the property for public purpose, such as roads, ponding areas, or for park or
open space purposes. The City generally acquires these properties for park purposes in order to
maintain the public open space, rather than allow a single property owner to acquire the property and
fence it off for their private use. Most of these properties are open spaces surrounding wetlands that
are left as conservation areas.
This roe was acquired in 1991 and was added to the arks stem as a public open ace area
property rtY q P Y p P P
surrounding a wetland that is also used as a storm water retention pond. City staff were unaware that
this property was being used as park property and maintained by the neighbors until Dennis Marble
letter of October 2005.
The issues relating to this `mini park' are as follows:
1. The residents have used this as a neighborhood common area for the last twenty-five years
and do not want to change the use of the park.
2. This is public property and the City is responsible for maintenance of the property, as well as
for liability of the users of the property.
3. If the City wishes to designate the site as a mini park and intends to maintain the use(i.e.the
volleyball court,the open space play area, etc.)the City must have access to the property for
its maintenance crews and must provide public access for the other residents in the
neighborhood beyond those properties who just abut the property. There are three access
points from this property to public road; however, all three access points are somewhat
restricted to providing public access due to the vegetation that has been planted within those
walkway areas by the adjacent property owners.
4. The options the City faces are as follows:
Red Rock Hills Park and Red Rock Lake Trail System
April 18, 2006
Page 4
a. Designate this as a public mini park and begin maintaining the property as a public
park and provide at least one public access point using the public outlot between
homes for access by maintenance crews and the public. This outlot should be
developed with an eight-foot wide asphalt trail to designate to the public and the
maintenance crews the access point to this park without trespassing on private
property of the adjacent property owners.
b. The other option would be to turn this property back to the State of Minnesota and
allow the property to be sold at public auction. It could be picked up by one of the
adjacent property owners who abut the property. That property owner could then
apply for a subdivision of the property extending property lot lines of the adjacent lots
to the center of the property.This would be a fairly expensive and lengthy process for
all involved;however, it is possible.
c. The last option would be to designate the property as a conservation area and decide
not to do any maintenance on the property and not allow any of the adjacent residents
to do maintenance on the property,but to allow the property to grow up into a natural
area.The City could plant additional trees, etc.to assist this process.The City would
still have to have access to this property for maintenance that may be required for
removal of noxious weeds, diseased trees, etc.
Attachments
Letter to the Residents of the Red Rock Hills notifying them of the April 18 Council Meeting
Copy of the Unapproved Minutes of the March 6 meeting of the Parks, Recreation and Natural
Resources Commission—Pages 2— 18
Bill Satterness letter dated March 2, 2006
Dennis Marble letter dated October 25, 2005
Bob Lambert email dated October 25, 2005
Letter to the Residents of the Red Rock Hills invited them to the March 6 meeting
Red Rock Hills Development Plan
Aerial photo of the Red Rock Hills Mini Park
Developers Agreement for Red Rock Hills
Conveyance of Forfeited Lands for Outlot B
of Red Rock Hills 3rd Addition to the City of Eden Prairie
Example letters sent to residents regarding park trespass issues
PARKS AND RECREATION I March 15,2006
TO:Red Rock Hills Residents(residents north of Red Rock Lake)
Dear Resident,
In January of 2006,you received a letter inviting you to attend a March 6 meeting of the Parks,
Recreation and Natural Resources Commission to address two issues:
1. Determine the status of the City-owned property on the north shore of Red Rock Lake
2. Determine the status of the City-owned property that was originally suppose to be a
`common property' owned and maintained by a homeowners association,but went tax
forfeit in 1990 and is now owned by the City.
At that meeting,the Parks Commission took the following action:
• Recommended the City Council authorize staff to replace the deteriorated trail leading
to the Red Rock Lake with a trail built to City standards that will provide the public
with access to the shoreline and to install a public dock on that shoreline to
accommodate fishing and to make it easier to launch a canoe from that location.
• Recommend the City Council designate the public accesses to Red Rock Hills mini
park by marking all three public accesses on the City outlots between homes on
the north, south and east sides of the park,and begin maintaining this property
in a fashion similar to the City standards on other mini parks.
The City Council will be considering these two recommendations on:
City Council Meeting
Tuesday,April 18
7:00 p.m.
Council Chambers
City Center
8080 Mitchell Road
Although this will not be a public hearing,residents are invited to attend this meeting to hear
the discussion of these requests and the final decision made by the City Council.
Please note this meeting will also be televised live on Cable Channel 16.
Sincerely,
Robert A.Lambert
Director
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6,2006
Page 2
reviewed the updated five year capital improvement plan—park dedication fees and
donations to evaluate the impact on that fund if$1 million was committed to the ice
arena.
The Council also reviewed the Third Rink Feasibility Study and agreed to match up to $1
million of funds raised by the Hockey Association and forwarded all other Hockey
Association requests to this Commission tonight. The Council requests that the
Commission forward its recommendations back to them on Wednesday. The reason for
the Council's decision on the fundraising match is that the hockey season is soon coming
to an end, and it will soon be more difficult to keep in touch with the parents and players
during the off-season.
Lambert also noted the Council approved the recommendation to initiate conversion of
LAWCON property from the Cummins-Grill site to the Picha property.
V. PETITIONS,REQUESTS AND COMMUNICATIONS
A. LETTER FROM DENNIS MARBLE REGARDING RED ROCK HILLS
PARK AND RED ROCK LAKE TRAIL SYSTEM
Red Rock Hills Mini Park
Lambert noted last November he received a letter from Dennis Marble who was
surprised to find out the neighborhood mini-park that he had been maintaining for
a number of years was actually City property. He had a number of questions
associated with it, including why is the City not maintaining it, and why he has
been maintaining it if it is the City's property. Lambert stated those are good
issues to raise and suggested that neighbors in the area be invited to a meeting to
discuss these issues.
Lambert stated the issues to discuss tonight are the mini-park,the status of.the
trail along the lake, and what will be done about it. He asked Stuart Fox to
display a map to show the different parcels and provide a history of the parcels
including who owns them now.
Fox displayed an overhead map of the parcels in the Red Rock Lake
neighborhood. He provided a history of the parcels. He pointed out what was
referred to as park 1, park 2, and park 3 in the developer's agreement for Red
Rock Hills. Fox noted there are corridors to get into what was called a"common
area." In the early 1970's it was common to have neighborhood mini-parks. He
explained on park 2 there was a trail required to be put in as well as from a cul-de-
sac down into park 3. That trail was built in 1976 or 1977.
Lambert asked Fox to explain what the City now owns.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 3
Fox displayed another map, an aerial shot of the area. He noted in 1984 there
were some diseased elm trees in the common area. A notice was sent to John
Houston,the developer and the owner of record at the time,to remove those trees.
With no response back,the City removed the trees and incurred the costs of
taking those trees down. At that point it was the City's obligation to recover those
costs, and a special assessment was placed on the land.
Fox continued that after a period of three years(the period was six years in the
1980's) if an assessment is not paid, especially if it is common ground,then it
goes to tax forfeit. In that process,the City is notified and it is deemed the owner
by the State of Minnesota. Public meetings are held and the City has to determine
the disposition of that property. The first option is to defer any action for one
year. The second option is to pick that property up as City-owned land and claim
it for parks, open space,wetland, et cetera. Another option is the land can be put
up for sale to an adjacent property owner or it can be put for sale on the open
market.
Fox indicated when the City went through this process in 1990,the decision was
to defer action for one year and in 1991 claimed it as City park property.
Therefore,the City has owned it since 1991. He noted there is a storm water pond
there as well.
Lambert stated the major reason to acquire the land was to maintain ownership of
the storm water pond. When he received notice it was a neighborhood mini-park,
he met Dennis Marble on site and saw how the property is currently used. He
stated the discussion tonight will concern a number of choices. Option#1 is that
the City maintains the area as a mini-park, and the City will take care of the
mowing and will keep it like it has been for 30 years. Public access will have to
be maintained and so a clearly definable trail will have to be built. There are
three access points, one from the north, one from the east, and one from the south.
Lambert noted the access point from the east is not accessible to the public due to
the pond. From the south, the property owners on either side of that access point
have planted trees within that easement, and there are substantial trees in the
middle of what would be the trail. If the City clears that out, it would have a
negative impact on the adjacent lots.
Lambert continued the residents on the northern access point have respected that
area. They have mowed but have not planted vegetation. It would be easy to put
an 8-foot wide trail from the cul-de-sac at the back of peoples' lots. That is also
what would be used by the mowers to drive into the property to access it for
mowing.
Lambert stated two improvements will have to occur on the property, including
the removal of the fire ring, because no fires are allowed on public land, and the
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 4
improvement of the gazebo. Perhaps with some new screens and a new door, it
will have 10 more years of life.
Barrett asked about the volleyball court. Lambert stated that will stay in place.
Lambert stated his recommendation is to keep the area as a mini-park. However,
the reason the residents are here tonight is because the City wants to hear the
neighbors' comments. There are two other options available. Because of the
pond,the City has to maintain ownership, but the open space could be allowed to
grow out naturally. Another option is to subdivide portions of it,keep access to
the pond, and give back the open space area to adjacent neighbors.
Lambert stated the last option would involve the land going back to the State and
then the State turning it over to the City to disperse it. At that point any neighbor
who has frontage on it can buy it and maintain it and have an expanded lot. The
area can be divided six ways. That can be done;however, all six residents have to
agree to paying for the subdivision work and combining the lots. It would be
several thousand dollars a piece. Additionally,the other neighbors would no
longer have access to the area. Perhaps they will not care,but that is the point of
tonight's meeting.
Lambert stated his inclination is that the City has responsibilities to maintain it
and should keep it as much as it has been in the past.
Jacobus asked what would have happened if the trees never got sick and the City
never took ownership. Lambert stated there is still a small piece of property
owned by all residents of the Red Rock Hills subdivision. This parcel under
consideration would be in the same status. A portion of that is owned by every
person in the Red Rock Hills subdivision. Everyone owns 1/83 of it. Had the
City not taken ownership,the situation would have continued on until Mr.Marble
and his neighbors grew too old to mow the grass. Lambert stated the problem
with residents owning 1/83 of the parcel is they also have 1/83 of the liability
should anything occur on the property.
Lambert stated there was a similar situation in Hidden Ponds in western Eden
Prairie. A developer came in and there were lots of little outlots. A number of
trails started to crumble, and someone had a bike wreck and wanted to find out
who he could sue. He would have had to sue all the neighbors, and the situation
raised the issue of what happens if somebody does get seriously hurt.
Lambert continued,those residents decided to give the parcel to the City,but the
City had to assess them to bring it up to standards. That was done last year,but it
was a 10-or I 1-year process because a majority of residents had to sign the
petition. It can get very complex in those situations. Lambert stated in the Red
Rock Hills situation,the neighbors are lucky they do not own it.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6,2006
Page 5
Fox displayed photographs of the access off Village Woods Drive,the south
access point. He pointed out where the City access goes through.
Fox pointed out the view of the east access point as well as the north access point.
Mackay asked Lambert why the trail must be 8 feet. Lambert responded 8 feet is
the City's standard trail to accommodate a pickup truck and 6-foot mowers
without overlapping onto sod.
Brill asked what the current width of the space is. Lambert responded it is 12
feet.
Barrett invited public comment.
John Kutts, 15382 Sand Hill Circle, stated the proposed trail will cut through his
property. He relayed a conversation he had with John Houston about who owned
the various parcels. He stated he and his neighbors paid higher prices to live in
this neighborhood because they thought they owned the common area. He stated
there was a big dirt pile left there when the building was done and John Houston
left, and he and a number of neighbors graded the area.
Barrett asked the location of the dirt pile. Kutts pointed out on the overhead
screen where the black dirt was in 1978. He stated he never heard anything back
from the City at the time. He asked Lambert where the diseased elms were
removed from.
Lambert stated he would have to check the records, but they were someplace on
the parcel. Kutts responded he does not believe anyone from the City did
anything, nor did anyone address the neighbors.
Lambert responded he can find the records and noted the City cannot place an
assessment on a parcel for no reason.
Kutts stated he graded it and dredged the pond and has taken care of the parcel.
He never received notice the City took ownership of it.
Lambert stated Houston was the owner of record at the time. Kutts responded he
was told by the City that Houston no longer owned it because he got his bond
back.
Barrett stated he understands the frustration residents may feel if they were told
incorrect information. However,the question is what is the legal reality today.
He continued unfortunately this has been operating under the radar for a number
of years, and now it has to be dealt with. Everyone needs to deal with who legally
owns the property,which is the City.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 6
Kutts stated the City is changing things around from what the residents were told.
He stated he was told by the City that the residents owned it.
Barrett stated either the land is owned by the City or by the homeowners
association.
Lambert responded the City has owned the property since 1991 by tax forfeiture.
Kutts restated a neighbor who worked for the City Planning Commission told him
the City did not own the property.
Lambert indicated there may have been a clerk at some point who said somebody
owned the parcel,but the only way to find out who owned it is by looking at the
County and City records. If a homeowners association was never formed, John
Houston had no one to give the deed to. The assessment went to whoever was on
the deed, and it was Houston.
Napuck stated she understands the frustration of the residents. Houston signed an
agreement with the City stating a homeowners association would be formed for
the purpose of maintaining that property. If he then told residents a homeowners
association was not needed,that is contrary to what was agreed to with the City.
However,the City does own the land.
Napuck continued the goal is to maintain the essence of what the neighbors have
done to the parcel in a way to keep it up to City standard,because the City has
liability with owning the property. The Commission is trying to figure out a way
to maintain it but also protect the City from liability and provide access to
maintain it.
Jacobus stated he was under the impression the residents had no desire to
maintain it any longer. Lambert responded the residents are questioning why they
are maintaining the property if it is actually owned by the City.
Dennis Marble, 15421 Village Woods Drive, stated this property was not owned
by the residents from 1990 onwards, which is a 15-year period. He commented
he found out about the ownership when he picked up a copy of a City of Eden
Prairie Parks and Trails map which showed the common parcel of land is City
property.
Marble continued once he found that out,he continued mowing the land through
November. He wanted to follow a City ordinance that requires residents to
maintain a parcel so noxious weeds are not allowed to grow. He inquired why he
and two other people have maintained the property if the City took it over in
1990. He and other residents had the and excavated and also put in the
p
volleyball court.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 7
Marble noted in 1987 there was a tremendous rainstorm in July that almost
flooded some homes. He reiterated for 15 years after the City took ownership,the
residents still maintained the property because no one bothered to notify the
residents of the change of ownership. He asked how the City could do that,
because a resident certainly could not do something like that.
Marble estimated if he were to calculate a cost of$10 for gas and his time
mowing the parcel, at 26 times a year, it would be almost$4,000. Those trees
removed in 1989 or 1990 did not cost$4,000. Marble continued the residents put
in far more money than the City has. He noted he has also done maintenance to
the park near the lake. He asked the City why it has not maintained that and when
it will begin to maintain it.
Marble continued two years ago the City did cut a tree down, and they drove the
trucks across the 12-foot access point. They managed to get vehicles across there.
To get a lawnmower through there, an 8-foot path is not needed. Marble stated if
the City wants to maintain it,there is access already. He added that last July,he
dug out the volleyball court, put new plastic down and filled it in with sand again.
He and another neighbor spent over$400 of personal money, and he does not
anticipate he will receive that money back.
Barrett asked who put the gazebo up originally. Marble stated the neighbors did.
A resident came into some money and he bought it and several other neighbors
took the time to put it up.
Barrett asked Marble how he would like to resolve the issue. Marble stated he
wants the City to maintain it and mow it. The City does not need to put in a hard
surface trail when the City has not maintained the trail near the lake anyway. He
noted 90 percent of that trail is under water. After the trail was put in,the City
decided to raise the lake level.
Barrett noted any time there is a public park,there has to be public access. He
asked Lambert what other options are available.
Lambert indicated another option is to put a sign stating there is a pathway.The
problem is not everyone will know exactly where the boundary is for the property
lines. The strip is 12 feet wide. The mowers may wander off the area and
certainly kids will. The trail is for the benefit of keeping people off private
property; it also provides ADA access. Lambert added the City could try to sign
it first and see how that works and only pave it if complaints are received.
Barrett asked if the big argument is against the paved path.
Marble asked whya paved trail is needed now if the City could et in there two
p tY g
years ago and knew how to get in there. He added he has lived there for 27 years
and only neighbors use the area.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6,2006
Page 8
Lambert suggested brown plastic markers that say private property/public
property can be put in on either side of the path. The City can try that approach
and see if complaints are received. It would be at the north access only; there is
no way to get through that southern property.
Barrett asked if the other homeowner on the other side of the path is present.
Elizabeth Broich, 15431 Village Woods Drive, stated the pine trees are hers. She
stated she realizes she has no right to keep the path if that is what the
neighborhood chooses. However,the trees were put in for privacy, and her family
is not the only people benefiting from the trees being there. The cottonwood must
have been there prior to her buying the home.
Broich continued she believes the less paved trails there are,the better. She has
no opposition of creative use of the common area. The property owners who
moved in there a long time ago have maintained it. She added that she works for
Three Rivers Park District and she understands the City's position. She is in
favor of a naturalized environment that is not ugly. She likes her trees but she
does understand people across from the common area may not feel the same way.
Lambert stated if the area were to become completely natural, it would be
reseeded into a native prairie with native plants that would take over rather than
just let it happen on its own.
Barrett added this is a gathering area, and the best thing to do may be to keep that
resource available.
Broich asked if the neighbors have lost the option of not developing the area since
the City owns it. Barrett responded there are three options. One option is a
conservation area,but then the common area is lost. Another option is making it
a park area with signs without a paved trail and revisiting that in a year or so. The
third option is a paved trail.
Elizabeth Fabel, 15451 Village Woods Drive, stated she is concerned about the
idea of a conservation area. Her family has little kids and they love to play in the
common area. She asked if a branch breaks or maintenance needs to be done,will
residents have to call the City. Furthermore, she asked when the work will get
done by the City.
Barrett responded those questions are under consideration right now.
Fable stated there are so many issues about people doing things to public land that
she wonders what residents will be able to do and what the City will do. Lambert
stated residents should maintain their property and call the City to have
maintenance done on City property.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 9
Cynthia Cook, 15441 Village Woods Drive, stated she is on the same access path
and she and her husband have been maintaining that since 1992. She stated the
question is where her property ends and where the City's begins,which will have
to be worked out. She stated the residents would love the area to stay the way it
is.
Barrett asked how many residents would like to have it a conservation area with
limited use. Residents asked for clarification about the definition of a
conservation area.
Lambert stated the conservation area would include native grasses, et cetera. He
added the fire ring would be removed in any case.
Barrett asked for a show of hands among the audience to keep the current use of
the parcel with the City mowing it. A large number of residents raised hands.
Karen Rylander, 15446 Village Woods Drive, stated she has lived in her home for
10 years and never knew the park was there until recently, so clearly the area is
used very locally. She asked who paid the taxes before the tax forfeiture.
Lambert responded there are no taxes on that common property, and he added this
is not an uncommon situation. The same situation happened at Edenvale. The
City has acquired a number of these outlots, and in most cases they hold storm
water ponds. The City thought this was a ponding area that was a low spot. He
stated the City was not paying attention.
Jackie Kirk, 15365 Village Woods Drive, stated her concern is the pond and how
it will be maintained. Ten years ago a number of residents chipped in to have it
dredged because when it floods, it floods hard. She asked for better
communication on who will maintain this and what the plans are. She noted her
cul-de-sac filled knee-deep with the rain. Attention will have to be paid to the
pond because it floods the streets and properties.
Lambert stated the City adopted a storm water management plan two years ago
and identified all the storm water ponds and additionally has prioritized which
need to be cleaned out first. Then they will be put on a regular dredging schedule.
The City will notify Public Works with these concerns to let them know there
have been concerns in the past.
Kirk stated one of the reasons for all the emotion being expressed is because
people have paid their own money to maintain this area.
Janelle Junker, 15373 Sand Hill Circle, stated she is an adjacent property owner
of the property highlighted in pink on the map. She would like to know who
owns the path between her house and the neighbor's house.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 10
Fox stated there are two parcels with John Houston's name on it,and the City
cannot go in there and lay claim to it. There is a process whereby all 83 neighbors
have to say what the disposition of those parcels should be. There would be some
cost to hire legal counsel. City staff does not have any involvement with that. An
attorney can explain further. Only in the case of a special assessment could the
City become involved.
Junker stated it is curious that John Houston continues to own that. Lambert
responded it is a separate parcel.
Junker asked what the dollar amount was of the assessment for the removal of the
trees. Lambert stated he would have to check the records to find out that figure.
Ann Kutts, 15382 Sand Hill Circle, stated she is the wife of John Kutts who spoke
previously. Regarding the mini-park, she would like to see it used the same way
it is now with the City maintaining it. She stated she would like all access points
used because if it is closer for one person to cut through from the Village Woods
side,they should be allowed to get through that way. She added she and her
husband paid the initial fee for homeowners association dues when they
purchased the property, although she is not sure what happened to the association.
Gerst inquired if Kutts would prefer to have a non-paved,marked path. Kutts
responded yes, although she would not even like to see the marking. In over 30
years,there has never been a problem with people on their property.
Jeffery Strate, 15021 Summerhill Drive, stated he is a member of the Edenvale
Conservation Group and also Friends of Birch Island Woods. He would like the
Commission to consider everything that has been said here, but questioned
whether a conservation area and a mini-park have to be exclusive of each other.
He suggested the use be kept as-is but plantings be permitted around the drainage
of the settling pond.
Strate suggested putting in native plantings that would not prevent kids from
playing volleyball or playing Frisbee. He stated there are a couple of common
areas in his neighborhood similar to this. His neighbors are taking out buckthorn
and putting in wild plants, so perhaps that can be done in this parcel.
Barrett asked Lambert if the easiest solution would be for someone to purchase it
and be done with it. Lambert responded no,that would not be the easiest solution.
Napuck asked if the City would have some special liability since a park has been
created around a retention pond where children play. Lambert responded no, as
there are ponds and Lakeshore all over Eden Prairie. The City does not have any
more liability here than it does in all the other areas.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 1 I
Fabel stated she knows the neighborhood is turning over and if the signage is not
put up, new residents may not be able to control the kids who may wander on
private property. Signage is needed so new residents know where to go and
where the kids can go. If everyone is able to enjoy it,people moving in should
know it is there.
Sandy Schroeck, 15357 Village Woods Drive, stated she has lived in the area for
two years and her family was made aware that the park is across the way. Her
concern with the conservation area is that certain types of material, like pollen,
will fly in the yard and create weeds. People need to be aware that that type of
planting brings in seeds flying through the air into other areas.
Marble made a comment regarding the pond. He noted one resident indicated
there was an excavation in the mid-90s. He was not aware of that,but there was a
major excavation in 1986. He stated attention has to be paid to that culvert to be
sure there is no blockage. In 1987 during the heavy rain,the entire island in the
middle of the cul-de-sac was surrounded by water. The maintenance of the drain
going out of that pond is going to be critical. It would be a major issue in the
event of a heavy rain.
Marble stated he assumes the path and the common area are all City property. He
inquired how a small parcel of property could not be absorbed when the City took
over the property. Lambert noted a couple of the parcels were given to the City
by Houston. He pointed out on the map which parcels were to be part of the
homeowners association. The assessments went to all properties attached to that
parcel. The parcels still owned by Houston are separate parcels not affected by the
assessment.
Cook stated she has no objection to people using the pathway near their home.
Lambert noted Cook's previous comment regarding mowing of the pathway near
her home. He clarified the City policy on outlots leading into park areas. The
City would prefer that residents continue to mow that; otherwise,the City will be
up in their yard. Additionally,the City may not mow the area as frequently as the
residents would like. The City will mow the park in the back.
Barrett asked for clarification on the location of the markers.
Fox pointed out on the map where the markers will be.
Lambert added it works a lot better when the adjacent property owners mow their
own little areas because the City does not mow them twice a week like it may
with a ball field.
Lambert stated there will be a marker at each corner. Marble asked about the
mowing around the marker. Lambert cautioned to mow carefully just as someone
would mow around a tree.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 12
John Kutts stated that his lawn mower will mow off three inch pipes. Lambert
stated that the City could install four inch pipes if that would be helpful.
Lambert added the management plan for the park can be developed over time.
MOTION: Jacobus moved, seconded by Gerst,to recommend the City Council
designate,with markers, a public access to Red Rock Hills Mini Park on the City
outlot between homes on all three sides of the park, and begin maintaining this
property in a fashion similar to the City standards on other mini parks. Motion
carried 7-0.
Fox stated the little path shown on the overhead map is on the list for next year
for improvement. Currently it is a 6-foot trail with no maintenance, and the City
wants to make it a 5-foot asphalt surface. It would make it easier to maintain, and
would make a 5-foot sidewalk in the middle of a 12-foot path. A 6-foot
bituminous trail would be impossible to maintain.
Barrett asked for a timeline on that project. Fox responded it should be completed
in 2007.
Rylander stated they walked through the trail tonight and there are some areas that
are really deep and need to be leveled out.
Barrett asked the location of the four car outlot. Fox pointed it out on the map.
Red Rock Lakeshore Land Trail
Fox brought up the shoreland trail and indicated it was originally intended to be a
trail going both east and west. However, a couple things happened. The
continuation of a trail was sidetracked by failure of support by the City Council.
Secondly,when the chain of lakes project came through, around the time of the
1987 super storm, a decision was made to link a number of lakes so the lake
levels would not"bounce"but the water would be discharged through a series of
pipes.
Lambert added the Council followed the desire of the neighbors around the lake,
(rather than the City staff),who wanted a deeper lake. It is now a deeper lake and
the lakeshore is different. Currently, staff recommends improving the trail from
the cul-de-sac down to the point and perhaps providing a dock or a fishing area
off that peninsula and forgetting about the trails going east and west. Any type of
grading to improve those will cause detriment to the shoreline.
Barrett asked how far to the east and west the path would go. Fox pointed out on
the map where the trail currently runs.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 13
Barrett asked about the rest of the land. Lambert stated the City maintains
ownership of it,but he does not recommend trying to run a trail there. The trail is
under water in half the areas. There is no reason to try to fill down there.
Barrett asked why the City has not considered selling that portion to the
landowners. Lambert stated he is not recommending selling any of that area.
Protecting the lakeshore is the best way to protect water quality of the lake and
City ownership is the best insurance for protection. He stated a high number of
people do not understand easements. If it is City-owned property,most people do
understand that it is City's land and it should not be encroached upon. It is much
clearer to explain trespass on public land than to explain what they can't do on
their own property due to an easement.
Barrett asked what the benefit is. Lambert recommended most people who own
shoreline like to mow right down to the shoreline and walk right into the water.
People tend to fertilize their lawn and it runs into the water. They also like to
remove most of the understory vegetation to improve their views.
Fox added this property was deeded to the City by the developer as a condition of
the subdivision. It would be problematic to go back on the agreement.
Ken Henk, 15386 Village Woods Drive, stated he lives along the shore of the lake
about six parcels east of this point. He stated he is in favor of the City
maintaining the point. The trail has been maintained because the City has
electrical service there. He noted he has a dock on that lake and there are a
number of those 15 residents who have added those docks and done some limited
improvements.
Henk continued he would like nothing better than to buy that strip of land and
have that be an easement area; he could get his canoe into the lake. He stated he
is a volunteer for the Minnesota Pollution Control Agency. It is such a narrow
strip and he does not believe structures should be built or trees cut down.
Henk commented there are some minimal improvements that should be allowed
in that area because it is inaccessible to anyone but those adjacent property
owners. Rather than the City saying nothing can be done,he suggested some
consideration be given to homeowners who abut that property. He stated his tax
statement says lakeshore.
Barrett stated in terms of taxes, if a homeowner has lakeshore property,taxes are
double those homes across the street.
Lambert added the 15 homeowners are not taxed as though they have access to
the lake. The Assessor knows who has access and who does not.
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PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 14
Allen Pollino, 15456 Village Woods Drive, stated he is in a special tax situation
because the homes are valued more than people across the street, at a higher rate
than people who back up to a park but not as much people on a lake. He stated
there are dead logs and dead fish at the end his property, but he cannot clean it up
because it is parkland. He asked if this was all left to the City as a park, can he
require the City to remove the buckthorn that creeps on his property. He stated he
has a much greater investment in the water quality than the City government does
because he lives there and wants to keep it clean.
Barrett asked if the path will be torn up if it is not repaired. Lambert responded
some of it should be removed. Vegetation should be replanted in place of the
asphalt. In an area that is a natural shoreline,there will be trees that fall and bogs
will float up every once in a while. When the City made the decision to raise the
water table by 2 feet, it ripped the roots of the bog from the bottom of the lake and
it started drifting.
Pollino stated he contacted a seed seller who sells natural plants and grass. He
offered to put together a plan and present it. Lambert stated if Pollino is willing
to sit down with Fox and himself about a plan to improve it,the City will work
with him. He continued the City really has to have a good plan that can be
reviewed and approved.
Pollino stated while waiting for this to be settled, he was told not to cut any trees
on his own property. Fox responded there are 10 of the 15 properties found in
trespass. Notices have been sent to all the affected property owners and they have
until June 1 to respond. He did not provide any information about cutting on the
individual property, but people can take care of their property within the confines
of the law. For example,the law does not permit someone to clear cut all of
their trees.
Barrett asked if the markers are in now. Fox stated no,they have to wait until the
ground is thawed.
Larry Wojtasiak, 15486 Village Woods Drive, stated he has a dock and pontoon
boat. Regarding Lambert's comment about sod right up to the lakeshore,he
stated it is virtually impossible to grow any sod at the edge of the lake;there is a
steep slope. He added there is a double standard between his residents and homes
on the other side of the lake. They have lawns right up to the lakeshore.
Lambert responded there is not a double standard. Some of the lakeshore
property owners on the east side of the lake own the property down to the lake.
Most homeowners would like lawn right up to the lake because the City sees it all
the time. In this case,this is City property. Other property owners own right up
to the lake and have the right to have a dock.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 15
Wojtasiak stated he has had a dock for eight years and asked why this issue is
coming up now. Lambert responded the City does not hire someone to walk the
many miles of park boundaries every year looking for encroachment problems.
These boundary encroachment issues are usually caught by adjacent residents or
by a City forester looking for diseased trees.
Lambert stated that just because he was trespassing for eight years without being
caught did not make it legal to install a dock on City property.
Wojtasiak stated there is no public access to the strip in the back of his house or
his neighbors' homes. Lambert responded that does not make it his property.
Wojtasiak asked if something can be done such as the City selling the property to
the homeowners.
Barrett commented in a way these residents are being penalized because other
homeowners were able to buy their land down to the lake.
Lambert responded there is a lot of lakeshore owned by the City that is not usable
by the public. But there is still value to preserving the lakeshore and not allowing
docks and retaining walls. There are examples on this shoreline where people
clear-cut right down to the shoreline. The idea back in the 1970s was to maintain
a natural shoreline around as many of the lakes in Eden Prairie as was feasible.
That way people who did not own the property but were using the lakes could
enjoy natural looking lakes.
Lambert added the bay to the east is full of cat-tails. The Council decided it
would have to take so much shoreline to get around the marsh that it gave up.But
still the natural shoreline of the north shore of Red Rock Lake is preserved.
Napuck indicated there has to be objective criteria when dealing with this issue.
With the dock being put in there,there has to be a precedent when it is City-
owned land. If it is not supposed to be there, it is not supposed to be there. When
exceptions are made, others will want to be grandfathered in as well.The question
of public access is not the criteria.
Moriarity stated Minnesota DNR has regulations on shoreland. He inquired if the
City's are more onerous than the State's. He added it does not appear the City has
been very good at policing this. He asked who is policing the DNR regulations on
the shoreline.
Fox stated the City has a shoreland code that is mandated by the State and was
approved by the DNR. It is enforced on a complaint basis. When a development
comes in,they are required to have setbacks for structures. Once a homeowner
moves in, and eventually there are second and third generation owners,who may
not be aware of rules, etc.There is not enough City staff to check everyone's
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 16
backyards.
Fox displayed some pictures of the properties on the lake where improvements
and vegetation clearing have been done on City property.
Marble stated he built his house in 1979 and he explained where the path was at
that time, and nothing could be walked. He stated when the lake was raised,the
path came to be 90 percent under water. There is no way someone could walk
that path. As far as maintenance of the area,the City has not done anything. It is
all overgrown. He stated nobody can use any of that property. He recalled at one
time the City intended to continue the path all the way around.
Lambert stated the plan never showed a path all the way around the lake. The
plan always indicated a trail around the north shore and along the west shore and
from there down to Staring Lake. It never depicted going on to the west shore
where homes already were in place.A trail in that location would have to be along
the street in front of their homes.
Marble responded none of that ever took place. He stated for years he trimmed
the trees because there was a beautiful path down there.
Barrett asked what his recommendation is. Marble recommended keeping the
access to the point and give the property to the homeowners.
Lambert stated the City cannot give away all of the parkland or open space
conservation area in the City that are not frequently used or simply because you
"can't walk on it".
Marble stated if these homeowners are harming the lake,then all the lakefront
homes will be damaging the lake. Lambert stated just because some homes are
not restricted dating back to the 1960s does not make it right for the City to give
away parkland or conservation areas.
MOTION: Moriarity moved, seconded by Barrett,to recommend the City
Council direct appropriate staff to study whether to the sell those lots on the north
shore that are not used to maintain the public access while maintaining
conservation easements on those lots. Motion failed 3-4,with Gerst,Brill,
Jacobus,and Napuck voting no.
Jacobus stated he is concerned a precedent would be set in this situation by selling
the land. Barrett responded this is a special situation where the original plan was
to have the path going both directions and then the City changed its mind.
Napuck stated this is a bad precedent to set, even though she knows that things
happened that were not anticipated.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 17
Barrett noted earlier in this meeting the Commission considered selling the mini-
park. Lambert stated it was not a recommendation by staff to do that,but it was
an option of what could possibly be done.
Rylander asked if there could be a path back there. People still do like to walk
down there.
Lambert responded it is more feasible going west than going east. It is a
possibility but it would involve retaining walls and boardwalks.
Ramin Hakimi, 15476 Village Woods Drive, stated he has one of the smallest lots
of the 15 property owners on the north side of the lake. He bought the house in
2001. He very much liked the idea of how clean the lake was and would like it to
stay that way. He has no desire to do anything to the shoreline and would like it
to stay natural. There were steps going down to the lake because it is very steep,
and for the safety of his family he would like those steps to stay on City property.
Hakimi indicated he tried to put in a dock but it is so shallow that he is taking it
back up. He does not know how easy it would be to remove the landscaping that
has already been done there. He thinks something simpler that would be
reasonable and not punish 15 property owners is a more sensible thing to do. He
suggested more communication from the City to the property owners.
Barrett asked what will happen to the landscaping if the path does not go in.
Lambert responded it will have to be removed if it is on City property.
Strate stated there is a common good to keep this area a City park rather than
selling it off. He stated he does not live on the lake but he has friends who fish
there. Having a natural shoreline protected by the City is very comfortable.
Residents on the other side of the lake are offended by having to look at docks
and retaining walls along the lake. He stated City stewardship is the safest way to
go and will provide the community with the best assurances that the lake
character will remain as natural as possible.
Strate continued he sympathizes with residents who put a retaining wall up by
mistake or have a dock there, but there are techniques that can be done to
landscape one's private property rather than the City property.
Moriarity stated if the City has limited budgets,then the City could use the
proceeds of this sale to buy the Picha property or other things.
Pollino stated some retaining walls have been put in by some of the property
owners, as otherwise the land would fall into the lake. It is hyperbole to say that
people will start putting docks on Staring Lake because they are allowed here.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
March 6, 2006
Page 18
Henk wondered if another motion could come forward asking City staff to look at
a restrictive covenant in this situation. It is a policing and maintenance-type
effort.
Jack McCann, Edina, stated he grew up in this area. It is important to consider
this is not natural shoreline. When he lived there, it was a lot cleaner and well
kept. This area is now destroyed because the bog did come up. He asked that the
City allow residents to use retaining walls where appropriate.
Broich asked when that path will be cleaned out. Lambert stated possibly a year
or two. The current path is not causing a problem.
Daryl Cook, 15506 Village Woods Drive, asked the Commission to walk the main
part of this shoreline. There is not any resident within 100 feet of the shoreline
with anything but shrubs or trees. The only trees taken out were the ones the City
took about 10 or 15 years ago with Elm disease. He stated he has a dock that is a
roll-in. The residents have not destroyed it or trampled on the area.
MOTION: Brill moved, seconded by Mackay,to recommend the City Council
authorize staff to replace the deteriorated trail located between Lot 10 and Lot 1
with a trail built to City standards that will provide the public with access to the
shoreline, and to install a public dock on that shoreline to accommodate fishing.
Motion carried 7-0.
Barrett recessed the meeting at 9:41 p.m. The meeting reconvened at 9:45 p.m.
B. THIRD RINK FEASIBILITY STUDY AND HOCKEY ASSOCIATION
REQUESTS
Lambert stated the Hockey Association came to the Council at its last meeting
with four questions. The first question was answered by the Council because they
had to have an answer to initiate the fund raiser with their members. The second,
third, and fourth questions were referred to the Commission.
Lambert explained the second question asks that space be given to acknowledge
individuals and corporations who donate to the rink. Lambert expressed he
believes it is a reasonable request.
Lambert explained the third question asks that advertising rights be sold to help
generate revenue. He added the third rink is going to be constructed with their
significant donations; approximately two-thirds of the cost will be paid by them.
Lambert explained the fourth question concerns naming rights. He stated the City
can get similar requests throughout the park system; so it is important to consider
whether a precedent will be set.
Bill Sattemess
8597 Red Oak Drive
Eden Prairie, MN 55347
March 2, 2006
Bob Lambert, Director of Parks and Recreation
City of Eden Prairie
8088 Mitchell Road
Eden Prairie, MN 55344
via e-mail: dambert(&edenprairie.ora
cc: Rob Barrett, Chair, Parks, R and NR Commission (thirdstreetmusic@aol.com)
Jean Johnson, Zoning Administrator(iiohnsonAedenprairie.ona)
Leslie Stovring, Environmental Coordinator(itovring@edenprairie.org)
Re: Park 3, Red Rock Hills First Addition
Dear Mr. Lambert,
I understand the Parks Commission meeting March 6 will include public discussion
about city-owned land in the Village Woods area. Because I will be unable to attend in
person, I am expressing my views in writing. Please forward this letter to each member
of the Parks Commission prior to the meeting.
i
11 Principles
J
My reasoning begins with two elementary principles:
1. Decisions about public land should be based upon an objective evaluation of ,
costs and benefits
2. Those who violate property laws should pay to restore the Land, structures, and
vegetation to their former condition
These principles,when applied consistently, can effectively guide public policies
regarding city-owned land.
Situation
Much of the city land in the Village Woods area is in one parcel legally known as Park 3,
according to the maps and descriptions on Hennepin County's website. In practical
terms it includes five distinct areas.
Area One-a narrow strip connecting Sand Hill Circle and Morraine Way.
Description. Obviously this was intended to be a pedestrian passage that would only
benefit the residents of a couple of dozen houses. It is not an easement;the land is
owned by the city. The land is irregularly sloped and includes a couple of trees. No
footpath is visible. Apparent violations include:
1. 15340 Morraine Way. Private shed on city land
2. 15370 Morraine Way. Private retaining wall close to or on city land
3. 15373 Sand Hill Circle. Private shed on city land
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Suggestion. At present the land cannot be used for its intended public purpose. The
city should either enforce its rights to the land or sell it to adjacent property owners. The
simpler choice is to keep the land and notify neighbors of a reasonable deadline for them
to remove their sheds and replace them with grass. No compensation is due to them.
They should be expected to mow the grass,just as other property owners are expected
to maintain a city-owned boulevard or right of way along public streets. The general
public should not be hindered from using this land. The more complicated option
involves inviting public comment, giving special weight to the desires of residents of
Morraine Way and Sand Hill Circle; surveying and subdividing the land into two parcels
fronting each of the two streets; having an appraiser determine the minimum value;
soliciting bids from the two adjacent landowners for each of the two parcels; and
requiring the winning bidders to legally merge these strips with their existing lots. j
Area Two -a small park accessible by three city-owned strips of land..
t
Description. A narrow grass passage is in use from Sand Hill Circle. A grass passage is
in use from a cul-de-sac of Village Woods Drive. A third strip between 15431 and 15441
Village Woods Drive is irregularly sloped and passage is blocked by trees and shrubs.
All three lead to a small park which functions as a common"back yard"for about a
dozen houses. It includes a pond, privately-built gazebo, and volleyball court. There is
no sign or designated parking area.
Suggestion. This appears to be fulfilling its intended purpose. Because of the small
number of people who benefit, it does not warrant much city expense. The main
problem may be legal liability. It is common for civic organizations and private
Y individuals to donate labor and materials to benefit our park system. Anyone has the
right to use structures such as a gazebo that are on city land, whether or not the city
approved their construction. Since the city could be held liable, the city should choose to
either accept ownership and maintenance responsibility of the structures, or require that
they be removed by the parties that built them. As with Area One, in theory this land
could be subdivided, sold,.and then attached to adjacent parcels. But the most practical
decision would be to keep it a city-owned, low-cost, open space amenity. The city
should reclaim its rights to all the land, including the currently overgrown passage from
Village Woods Drive.
Area Three-a wooded point on the north shore of Red Rock Lake.
Description. A turnoff on Village Woods Drive accommodates about four cars. An eight
foot wide asphalt trail leads through a narrow strip of city land down to the lake, where
the parcel widens to encompass several hundred feet of natural woods on a point
extending into Red Rock Lake. Whereas Areas One is not used at all and Area Two is
used by only a couple of dozen households, Area Three is regularly used by perhaps a
couple of hundred households. But this is not the main difference. The protected
shores of Red Rods Lake serve a much larger public purpose.
In contrast to some of our city lakes, people can still enjoy boating, fishing, and even
swimming in this 71-acre body of water. Red Rock is part of a chain of lakes that
includes Round, Mitchell, McCoy, and Staring. Ultimately its waters flow into Purgatory
Creek and the Minnesota River. There is a fine public boat ramp on the south. Many
people enjoy walking along the shore at city-owned parcels on the northeast and
Page 2
northwest as well as the point on the north. The lake and its adjacent wetlands,trees,
and fields are home to several species of wildlife.
Suggestion. All landowners on Red Rock Lake, both public and private, are required to
preserve the natural vegetation in a fifty-foot buffer known as the Shoreland Impact
Zone. The purpose is to minimize erosion, maintain water quality, and preserve natural
esthetics. It is regrettable that over the years several landowners have clear-cut trees
and shrubs, planted and fertilized grass to the water's edge, built retaining walls of
artificial materials, and otherwise violated the intent of the shoreline restrictions.
Thankfully, the city-owned point on the north side of the lake has not been developed
beyond the spirit of the law. Although some might see this parcel as another place to
build something, I believe our city staff and elected officials had the right idea when they
adopted the lakeshore ordinance some twenty years ago. There are a few places where
we should just let nature be, and this parcel is one of them. Don't pave paradise and put
up a parking lot!
Area Four—A city-owned strip of shoreline east of the point.
i
Description. This extends several hundred feet, varying in width from perhaps 10 to 30
feet. A 3-foot asphalt trail constructed some thirty years ago has crumbled and become
overgrown.. Above this city land are eight houses, numbered from 15356 to 15436
Village Woods Drive. Apart from walking or paddling along the lake, an excellent way to
see the general position of lot lines and vegetation cover are the 2004 aerial photos
accessible from Hennepin County's website,www2.co.hennepin.mn.us/pins. Apparent
violations include:
1. 15406 Village Woods Drive. Cleared vegetation of roughly 30 feet deep and
80 feet wide, and replaced it with grass in the Shoreland Impact Zone. Apparently done
many years ago.
2. 15416 Village Woods Drive. Cleared vegetation of the entire back yard and
replaced it with nothing but white rocks and boulders. This includes roughly 50 feet
deep and 100 feet wide in the Shoreland Impact Zone. In my opinion this is much more
egregious than planting grass. A separate violation is the 10-foot jetty into the lake on
city-owned land. All this was done in 2000.
3. 15436 Village Woods Drive. Cleared vegetation of roughly 20 feet deep and
40 feet wide, and replaced it with grass in the Shoreland Impact Zone. A separate
violation is the 20 foot dock on city-owned land. Apparently done in recent years.
Area Five—A city-owned strip of shoreline west of the point.
Description. This extends several hundred feet, varying in width from perhaps 5 to 20
feet along a steep bank. The narrow asphalt trail has either crumbled or been eroded
away. Above this city land are seven houses, numbered from 15446 to 15506 Village
Woods Drive. Apparent violations include:
1. 15456 Village Woods Drive. Removed ground cover and trimmed trees
roughly 20 feet deep and 40 feet wide in the Shoreland Impact Zone. Done in 2005,
apparently to prepare for building a retaining wall and steps this year on city land.
2. 15466 Village Woods Drive. Removed ground cover and replaced it with
grass, roughly 40 feet deep and 80 feet wide in the Shoreland Impact Zone. Even
worse, removed ground cover, excavated bank, and built a series of terraces roughly 8
feet high and 50 feet wide on city-owned land. This was done in 2003 or 2004. From
across the lake this eyesore looks like a solid wall of pink concrete. In contrast, from
Page 3
that house and yard there is surely a beautiful view-of wooded lakeshore that mostly
does respect nature and the law.
3. 15506 Village Woods Drive. Private dock on city shoreline, apparently built
several years ago.
Suggestions for Areas Four and Five.
The city does bear some responsibility for this mess.
Regarding the Shoreland Impact Zone: 1)The city has not done enough to publicize the
restrictions, 2) it has not done enough to educate residents of the erosion and water
quality problems they cause when they remove brush near the shore, and 3) it has not
consistently enforced the regulations. Over time some people have come to feel they
are entitled to not only bend but completely violate the law. I encourage the Parks
Commission to recommend that the city staff take these three corrective actions. All in
favor say Aye!
Regarding the city's land along the lake: Although it is not possible to fulfill the 1960s
plan of extending the shoreline trail, there are still multiple public purposes for this land.
First, lakeshore has become a very precious resource, and demand to use it will only
increase. Viewed as an investment, the city should not vacate or sell any of its limited
lake shore or other natural areas. Second,the city's benign neglect has protected the
northern part of Red Rock Lake from the much of the misguided overdevelopment that
private individuals might otherwise have carried out on the shore. Third, now that the
issue finally has public attention, the city should use this opportunity to reclaim all its
waterfront rights on behalf of citizens, and foster a stronger public appreciation for water
quality and natural areas.
It would be inappropriate and infeasible to build a new shoreline trail of the same width
and paving materials as are typically found in other parks. Just let the shoreline stay
natural—it's not only simpler, it's better! Adjacent residents will have the same rights as
they always have had to cross this land. Each of Eden Prairie's 60,000 residents also
has these rights. The city should put up stakes and signs to clearly indicate where the
general public can and cannot go.
The city does have the responsibility to minimize erosion—to protect its own investment
and to minimize impacts on adjacent private property. In some parts of Area Five the
bank is so steep that intervention is necessary. In keeping with the intent of the
shoreland ordinance, ugly blocks should be replaced with natural materials—boulders
and vegetation. And of course the landowners above should be required to restore
natural vegetation in the fifty foot buffer zone.
The dock issue is similar to the gazebo issue addressed above. Private structures
cannot be allowed on city land. It's as simple as that.
Thank you for giving serious consideration to these ideas. And thank you in advance for
taking the necessary actions to administer this park land for the common good.
j Bill Sattemess
Page 4
Bob Lambert Oct 25,2005
EP Parks and Recreation Department Director
Dear Bob,
In view of the up coming parks and trails bond referendum,I have a few questions and j
i
comments to pass along.
I recently obtained a copy of the Eden Prairie Parks and Trails Guide which includes a
map of Eden Prairie showing city parks,the trail system and 68 numbered park facilities
including community parks,neighborhood parks,historic sites,school parks,etc. The
map also shows numerous un-named and un-numbered park areas identified in the legend
as City Park. Two of these un-named and un-numbered City Parks are in my immediate
neighborhood.
• I
The first one is across the street from my home along the North East shore of Red Rock
Lake. It also is identified,on the map, as having a Hard Surface Trail. This property was
part of the Red Rock Hills development done by a developer named John Houston. The
hard surfaced trail was put in by Houston as part of the development and everyone that
purchased a lot in this development paid for the cost of the park and the trail,not the city
or a bond referendum.
In 1979,you and I had a conversation about this trail and you said that it was part of a
city plan to have a trail system around every lake in Eden Prairie. Today,this trail is over
90 percent under water due to the city installing drainage for Round Lake though
Mitchell Lake and raising the water level of Red Rock Lake. The part of the trail that is
not under water is so badly overgrown or is crumbling and being washed away by wave
action it cannot be accessed. For the better part of the past 25 years,I have cut weeds and
grass around this trail to try and keep it accessible. The city has never maintained it and I
have finally given up. The city of Eden Prairie has abandoned and destroyed this park
and trail! Why?
The second un-named City Park is behind my property on Village Woods Drive and
between the property owners on Sand Hill Circle. This,park(or common area)was
developed by a very few property owners in the neighborhood including myself. I have
been mowing and maintaining this park area for the past 25 years also. If this is a City
Park why isn't the city maintaining it?
In light of what has happened with these two neighborhood parks and trail,I am not very .
interested in passing a bond referendum to build more parks and trails elsewhere in Eden
Prairie. If you would care to discuss this further,please contact me.
Dennis Marble
15421 Village Woods Dr.
Eden Prairie,MN 55347
(952) 937 9167
Hi Dennis, it is good to hear from you. It's been a very long time.
I will try to answer your questions by email, but would be happy to meet
with you and either walk both sites or meet in my office and review maps.
First I will address the trail along the north shore of Red Rock Lake. The
original plan for -the City was to have a trail along the entire north shore
and to connect to a trail around the east bay to the south. This planning
required a strong commitment from the City Council and a somewhat
cooperative developer. When the lots along Coachman's Landing were proposed.
we had a developer that was strongly opposed to giving up his lakeshore
property and a Council that was not willing. to push the requirement. This
decision basically stopped the ability to make any connection for that trail
to the east. Several years later when lots along Montgomery were developed
the Council did not see the value of acquiring land for a trail connection
I
to the north thus losing the ability of that trail making any connection to
the west. When these decisions were made the land that had been acquired for
this trail .corridor became simply a public access to the lake rather than a
trail. When the Council later made a decision to accommodate the petition
from residents to raise the outlet of Red Rock Lake, the existing trail that
had been constructed by the developer was below the normal ordinary high
water mark. The City has made little or no effort to rebuild a trail or
improve public access to the lake on that property due to the decisions made
by the Council, the fact that we can't keep up to the many requests we have
from residents to make specific improvements to various parts of the park
system, and because we have never had a request from residents to make any
improvements to this access point.
1 .This property is certainly valued as a public access to the lake by the
J City. I am certain that at some time in the future it will warrant
improvements; however, that probably won't happen in the near future unless
we get a petition from residents requesting that it happen soon.
Regarding your other question relating to the City owned property behind
your home. That parcel was acquired by the City through the tax forfeiture
process in 1991. This parcel was supposed to be a "common property" owned
and maintained by a homeowners association. I am not certain if a homeowners
association was ever formed, but apparently not. Somehow the property ended
up on the tax forfeiture list. Whenever that happens the City has the first
right to acquire it for park or open space purposes. There is a drainage
pond on that property and open space right behind a number of homes so in
cases such as this one it is standard procedure forme to recommend the City i
acquire the property for open space to insure that no one individual
purchase it and then wants to build something on the property that would
cause problems for the surrounding neighbors.
You are correct in that this is now City property and we should be
maintaining it; however, it has never been designated a City park, merely
open space. Obviously, it could be designated a mini park based on the
improvements made by the neighbors. If you and your neighbors would like to
s.ee the City begin maintaining this public land and designating it as a park
I would recommend you talk to your neighbors to see if they agree and then
write a letter to the City with that request. It appears to me that the City
might have a difficult time getting maintenance equipment into that area.
.I'm not sure how much landscaping people have done on the access points from
the north and the south. The access point from the east appears to be
blocked by the pond. Without further review of this site and a survey
staking the property lines it is difficult for me to say how easy or
difficult this would be. One thing we would want to do is to construct
public hard surface trails to the site to show all residents how to access
the site. These would also be our access points for our maintenance
vehicles.
I look forward to hearing more from you regarding these sites. I admit they
have been overlooked by the City and we do have a responsibility to take
care of them.
Sincerely,
Bob Lambert
Director of Parks and Recreation
City of Eden Prairie
952-949-8440
-----Original Message-----
From; Dennis Marble [mailto:bjdcmarble@yahoo.com]
Sent: Tuesday, October 25, 2005 10:30 AM
To: Robert Lambert
Subject: Parks and Trails
Bob,
Attached are a few thoughts I have about the Parks and
Trails referendum.
Denny Marble
Yahoo! Mail - PC Magazine Editors' Choice 2005
http://mail.yahoo.com
PARKS AND RECREATION January 30,2006
TO:Red Rock Hills Residents(residents north of Red Rock Lake)
Dear Resident,
Labe in 2005,the City received a letter fccan a resident who lives north of Red Rock Lake,
requesting the City address two issues:
I. Determine the status of the city-owned property on the north shore of Red Rock Lake
2. Determine the status of the city owned property that was originally suppose to be a
`common property'owned and maintained by homeowners association,but went tax-
forfeit in 1990 and is now owned by the city.
This gentleman indicated that a few individuals have been maintaining this as a common
property park for many years,but pointed out that if it is now city parkland,the city should be
ma�ntarning the property.
The purpose of this letter is to invite you to attend a public meeting at the Parks,Recreation and
Natural Resources Commission meeting on Monday,March 6 to provide input to the city on
what residents would like the city to do in terms of maintenance and development(if any)of
both parcels.This meeting will take place:
i
Parks,Recreation and Natural Resources Commission Meeting
Monday,March 6
7:00 p.m.
Council Chambers
City Center
8080 Mitchell Road
A map indicating the parcels that will be discussed is located on the back of this letter.
I look forward to hearing your input at the March 6 meeting.
Sincerely,
Robert A.Lambert
Director
- -----.
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' l m de and executed in triplicate this
- S AG EMENT,
day of = 1975, by and between JOHN C. HOUSTOI3, herein-
T of ter ycralled R, and -the CI'i'Y OF` .EDEN PRAIRIE, municipal
corporation rttnder •'the laws of t'h..e State of Minnesota, hereinafter
called;CITY;^ `
_WITNESSETH.
WHEREAS, OWiQER hasrequested the CITY to change zoning from
Rural to Rl' 13.5 for development of land more fully described in
Exhibit "A" attached hereto, and made a part hereof, and being
property nosy-vested of record .in OWNER, and
WHEREAS,.., it is believdd .that a rezoning of said area to RI 13.5
wou 1 d ~be in the public's interest, welfare and convenience of the
e le
o
off the City of Ed
en Pr
airie,, and
P P
to develop the aforementioned property
ro
er
d Y
ne P
WHEREAS, OWNER agrees �nt�o P
Y A consideration of the CITy's changing of the zoning; and OWNER
d consideration to lay out,
further agree
s that as apart of said
d project
as her
set forth.
say 7 `
main
P .
a� -
'develup and m ,..�_.�
th that for and it
F-
this agreement
witnesse
Nfl
W °TFE BEFORE, g
-
consideration of the Mayor and City Council of the CITY adopting an
agrees *.
ordinance changing the zoning from Rural to 'RI 13.5, the OWNER
in accordance with the planning,
to construction on said property
arehitectral; engineering and landscaping requirements of all CITY
odinances*; and will submit development stage, rezoning plans to the
CSTY, , subject to the following conditions .
the `developer dedicate for public park puronsps
-�� the following parcels which are more fully defined in
Exhibit B:
a. That portion of the North shoreline of the
property between the shoreline of the lake
and the approximately. 650 contour line;
b. The pond in the Northerly portion of the
enclosed plat;
C. The path right-of--way along the East boundary
of the plat connecting Red Rock Road to Village
Woods Drive.
2. That the storm water runoff treatment and the sedimentation -
pond system be approved by the Riley-Purgatory Creek Board
of Management.
3. That all trails shall be consistent with the bikeway task
force adopted by the City, and that internal bikeway systems
be constructed a minimum of 6 feet in width out of a
bituminous material, the intent being that most of the
residents in the development should have direct access to
the major pathway system. Such paths shall be located at
least in the following areas :
-� a. Along the South side of Morraine Way;
b. . Along the North side of Village Woods Drive;
C. Through the park located along the East boundary
of the project, and connecting Village Woods Drive
with Red Rock Road;
d. Through the park along the shore of Red Rock
Lake;
e. Connecting Village Woods Drive to the Red
Rock Lake trailway.
4. That side yard setbacks should be in conformance with the RI
13.5 requirements.
5. That the lot sizes should be on 'an average of the RI.. 13.5
requirements or greater. Said lots should not be planned
to be on the ordinary high water mark of the Northern Pond
as required by the Raley-Purgatory Creek Board of Management.
6. That a Homeowners Association be provided for the maintenance
of the common areas in said plat.
7_. That trails crossing Village Woods Drive should be on grade
and adequately defined by changes in texture or other
appropriate methods .
I
8:. That all sanitary sewer, water main and storm
sewer facilities, concrete curb and gutter and
bituminous §urfacing
privaublic 0
te; shall be designed
hto CITY er to es�andardsrb
a registered professional Civil Engineer, and Y
submitted to the City Engineer for approval.
The developer, through the Engineer, shall
Provide for competent daily inspection of all
street and. utility construction, both public
and private. As-built drawings and valve of. service
ties on mylar and certificates of
completion and compliance with specifications
shall also bed-eli
vered to the City -
The developer also agrees to Engineer.
CITY enginnerin pay all l fees for
g
consistent with current CITY tr�quiremen services
• ts. .
CITY AND PROPERTY OWNERS AGREE;
� • That the property owners shall comply with
all applicable
rules', regulations
• ordinances and laws of the -City -of Eden prairie.
2• That. the provisions of this agreement shall be
ta'Pon and enforceable binding
against OWNER, his successors and assigns, _ and
a12 subsequent owners, their respective heirs, suc
cessors and assigns,
of .the property herein described.
3• That an executed copy of this agreement shall be recorded
" With the Register- of Deeds for the Count
. Y of Hennepin, State of .
`Minnesota.
4• That if OWNER fails to
Proceed in accordance with this
agreement within twenty-four months from the date hereof
himself ,OWNER, for
• his successors and assigns, agrees that he will not o
the _rezonin PPose
g of said property back to its Rural zoning.
IN WITNESS WHEREOF, the
parties to this agreement have these presents caused
to be executed the day and year aforesa
id.
r�. CITY OF EDEN PRAIRIE, a municipal -
orpora ion /
\ v v
By
is a or
And
i
U-1-2b-200t) eta e 1 P.02/03
sDFormeearar.9r�i 2169577
RV A2G71A1
STATE OF MINNESOTA
DEPARTMENTOF REVENUE
CONVEYANCE OF FORFEITED LANDS !
(Issued pursuant to Mihnesota statutes,Section 282.D1,SubdiviWi-1)
DMENTQBA.,made this 19th day of Apr14 2991,between the State of Mhiaesoia
as S=Mdp�y1�a The City of Eden Prairie,a Municipal corporation,as party of the
WEXREAS.the land hereinaEta•described Was duly Weifed to the State of Mnnesota
to be held in trust in favor of the hmmg districts for the nonpayment of bases,aud,
WMMFAS-• - • . -thee •Pursuant to Mhtdasota 5t Wtes Sectlm 282.01.Subdhdston la,the patty of
part.Izas•applied#g the.Commisstoaer oS Revenue for_the.coavW=ce of_lands
harclnat4er desMibed to be m=d'by it exdustvety for park and open upam.and.
lbti>).the unless not required under Mlaaeeota'StBtutcs Section 2M01,Subdivision -
IlL
Im�tndcd to tho C�otumtsgioner due by resolution H2dopte�@ o>�firm f M day oot p bus
1991-that such conveyance be mark,
N0,97,TSI&RS GM the State of M=Mota•pursuant to said]aers and is consideration
T ^ pis ofP dam deer hereby grant or convey t ato the party of the second part,allthe tracts or
land Elam ,•to-.'it 4,:tqg and bcWg ta the County of Hmncptu, State of Minnesota,described ss
Red Rock 1 1s 8rd Additioar,Chulot a t 3N LiHDdIV
,l1 PII11 16"1T22-3¢0047 PWMTV TAX Op
Q C 27 of Eden Prakle. MR DM TAK PAID
04/27/71 9a34AK PAID $1.65
TO R&V+ AND TO HoLD TSE SAIiCOL. together with an'the heredibrneats gad
appurtenances thereenato belonging or in anywise appertainin&to the said party efthe second
PMt ao long aS E ShMM d0nUQUe to use said land forthe purpose aforesaid,and upon condom
that if such use shaB cease said land shell revert to the party OF the that past as provided by
lam
IN TESTm;40NT V7M=OP,the Stair o�Min2mota,party of t'4e lust part,}gas caused
this ,
deed to be executed in its n=e is the City of St.Paul,Ramsey Co=W,Minnesota,the day
and year 9rat above wrurm.
In us STATE OP AUNNESOTA
" �� DOROIHYA.li[eCZfJNO
STATE OF3MMES07A ) wRm total considem lon for this transfer
ss of property is$500 or less"
On this 19th day or April• 1991. before me personally
2PPeand MICHAEL P_WANDMACHER the duly appointed
representative a£the Commissioner of Revenve of the
State of M[nriesota,to me known to be Mm person who
executed the foregoing conveyance ih behalf of the State of
AND PRIOR TAXES PAID Minnesota,and ackaQmledged that h executed ecuted the same
DKOF MM3jrft4X S pMLICMOM as the free act and deed of said state pursuant to the
_statutes in such case made and provided.
APB 29
H�U�NUNryir,W,
nEPUIY DUWE ROGG6
svuarr��•>�aam
WASMW49& COUNTY
Ih bon 3!@!P t�
OT REOX
7ttVc1llRreUn7anL4Wr Orofed by a r18g�r b APR W 1991
Rat GDtllmnn2sa t O1 iievenue F2�p
Pe of Minn Rft Mnur
Rvtmr�i 0l RO
S6 Pau4 Minr�eiete SS1d5
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F-
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r` �7 No.M51 �i
STATE DEED
! Tax stalemdnts for the iseJ prroopperty de-' j ,�" '•
Under 1Nimteanta Statutes,Section i sedhed Ja this Jnslmment sUald he sent `
282.01.SuI►divJsimi 1, to: ` �,+ !� :. •;
3Verao: The City of Eden Prairie
STATE OF{1lINNE90'1'A c/o Carl-J. Jul lie ie iF +:
Mdmm:
, City M.nager
TO ,
city •- r1
y Hall t. _
Eden Prairie, Minnesota S
t7l�ict'IZCtfiE � ..
GEIMMJ FILED on
ar nrtFs �•rJ
HENN�INC�H�S7V,MtJidlE'S�jO- .. ._ n-
r' APR 2.9199
Or,ME OP REGISTER OF DTEDS. ! `: f== •';:l i#
STATE OF aAINNS50'1'AIL
l• ' i `�
9 county of )
I hereby eatify that the within Deed
WAS tiled In this office for record on the 1 '
n day of
A.D.19,at o'clock
xnd was duly recorded in Hoak t ,
ti of Dead$,on page +
J RegMm o ee E.
Y
eputy. �!
1
Example of letter sent to resident
with mowing/vegetation cutting issues
j 21 November 2005
Village Woods Dr.
Eden Prairie,MN 55347
Subject:Trespass on City of Eden Prairie Property
Dear Mr. &Ms. OFc 952 949 9399
FAX 952 949 8390
TDD 952 949 8399
Within the past few months the City of Eden Prairie hired a survey company to locate the aoao Mircl,eu Rd
city property corners behind your Home. After the survey was completed it.was discovered EIn Aside,MN
that two small trees were cut along the shoreline and other groundcover:vegetation was 55344-4485
cleared on City property. The use of City property for this purpose is not permitted and is ed�P
considered a trespass issue. Therefore you are requested to cease and desist from any
further activity on city property.
Please note that the following is not permitted on City Property as per City Code 9.04.
• Vegetation cutting,clearing,or planting. This includes mowing or removal of trees"
or shrubs.
• Disposal of yard waste or other vegetation including compost piles.
• Placement of any irrigation system,landscaping plants,retaining walls,or fencing,
-2} etc.
In late May or early June boundary posts will be installed to delineate the City properly
line. The parks department has been using boundary marking system throughout the city
for 10+years. As the park system has grown it i�important to keep homeowners and park
users informed of where City property is to ensure that the interests of all parties are
protected. The permanent markers will be boundary posts located at property corners and
from your property will read"Eden Prairie Park Boundary".
If you have any questions regarding this matter please contact me at 952-949-8445.
Sincerely,
..Stuart A: Fox
Manager of Parks and Natural Resources
Attachments: Lot map, City shoreline property survey map and photograph(s)of lot line.
Example of letter sent to resident
With park trespass issues
21 November 2005
Village Woods Dr. '
Eden Prairie,MN 55347
- 1
Subject: Trespass on City of Eden Prairie Properly
Dear Ms.
OFC 952 949 8300
FAX 952 949 839 0
Within the past few months the City of Eden Prairie hired a survey company to locate the city Too 952 949 8399
property comers behind your home. After the survey was completed it was-discovered that Ba80 MiichBii Rd
extensive city shoreline vegetation was cleared. Your boat dock and pontoon boat are on city Eden Prairie,MN
The retaining wall stem steps down-sloe to the lake shore, and landscaping plants 55344'aae5
property. g s3' P P p. g.
and flowers are on City property. The use of City property for this purpose is not permitted and is ed"pairl—r9
considered a trespass issue.Therefore you are requested to remove all these materials by Jane 1,
2006. This will allow you time to salvage the material(s) and locate them off of City property.
After June 1 if the trespass materials have not been removed, the City will contract the removal
and disposal of the materials, will seek reimbursement for costs associated with this work and
reserves the right to pursue all additional remedies allowed under law.
Please note that the following is not permitted on City Property as per City Code 9.04.
• Vegetation cutting,clearing, or planting. This includes mowing or removal of trees or
shrubs.
• Disposal of yard waste or other vegetation including compost piles.
• Placement of any irrigation system,landscaping plants,retaining walls,or fencing, etc.
If you signed a contract with a business firm for the installation of:landscaping or retaining wall
material that is located on City property you may want to seek legal counsel regarding the
recovery of costs for this removal.
In late May or early June boundary posts will be installed to delineate the City property line. The
parks department has been using boundary marking system throughout the city for 10+years. As
the park system has'grown:it is important to keep homeowners and park users informed.of where
City property is to ensure that the interests of all parties are protected.The permanent markers will
be boundary posts located at property confers and from your property will read"Eden Prairie Park
Boundary".
If you have any questions regarding this matter please contact me at 952-949-8445.
S erel
Y>
Stuart A.Fox ,
Manager of Parks and Natural Resources
Attachments: Lot map, City shoreline property survey map and photographs)of lot line.
Example of letter sent to resident
No trespass issues
21 November 2005
Village Woods Dr.
Eden Pr'rairie,MN 55347 -
Subject:City of Eden Prairie Property
Dear Mr.&Ms.
Within the past few months the City of Eden Prairie hired a survey company to locate-the OFC 952 949 8300
city property corners behind your home. In late May or early June boundary posts will be FAX 952 949 9390
TUB 952 949 8399
installed to delineate the City property line. The parks department has. been using a
boundary marking system throughout the city for 10+ years. As the park system has eo80 nr,tci,eu Rd
Eden Prairie,MN
grown it is important to keep homeowners'and park users informed of where City 55344-4488
property is to ensure that the interests of all parties are protected.The permanent markers w-prairie-om
will be boundary posts located at property corners and from your property will read
"Eden Prairie Park Boundary".
Please note that the following is not permitted on City Property as per City Code 9.04.
• Vegetation cutting,clearing,or planting. This includes mowing or removal of
trees or shrubs.
• Disposal of yard waste or other vegetation including compost piles.
• Placement of any irrigation system,landscaping plants,retaining walls, or
- fencing,etc.
If you have any questions regarding this matter please contact me at 952-949-8445..
Sincerely,
tuart A Fox
Manager of Parks and Natural Resources
Attachments: Lot map,City shoreline property survey map. .
CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Robert A.Lambert, Director Community Center Concept Plan XIV. D. 2.
Parks and Recreation
Requested Action
Move to: Approve the scheme G as the preferred concept plan and authorize to continue
developing this concept based on the scheme.
Synopsis
City staff and the architect have continued to meet with Community Center users,programmers,
maintenance staff and administration staff from that facility to develop a building program that will meet
City needs; and to develop a concept plan addressing the defined program.
At their April 3 meeting,the architect met with the Parks,Recreation and Natural Resources Commission
and reviewed the schemes that had been developed. The Commission recommends the City Council
approve scheme G.
Background
Attached to this memorandum is a copy of the latest program as defined by the Community Center
members, other Community Center users such as the School District and athletic associations,as well as
input from the Recreation program staff,the maintenance staff, and the Recreation administration staff at
the Community Center. Staff request Commission members to review the program and compare the
program needs with the various schemes that have been drafted in an attempt to meet those program
needs.
Upon approval of the preferred schematic plan,the architect will begin developing further details on how
this schematic plan might work and will develop further information regarding estimated costs,possible
alternates, etc. Staff will also briefly discuss the decisions that are being made regarding site plan work
relating to the parking lot configuration and relocating the baseball field.
Attachments
Plan E
Plan F
Plan G
Property and Parking Plan
Parks,Recreation and Natural Resources Commission Minutes from April 3,2006 meeting—Pages 2-5
March 23, 2006 memo from Del Erickson
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PROPERTY AND PARKING PLAN
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PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
April 3, 2006
Page 2
IV. REPORT OF CITY COUNCIL ACTION—March 8 and March 21,2006
Lambert reported at their March 8 meeting,the City Council took the following action:
• Approved the renovation of Miller Field#11.
• Approved a real estate exchange agreement between the City and School District. This
land exchange allows the City to add the third ice rink to the Community Center.
• Approved establishment of a Veterans' Memorial Committee.
• Approved the Hockey Association's request for the third rink with conditions.
• Approved the language in a letter to the Fish and Wildlife Services regarding trail
connection to Riverview Road.
Lambert further reported that at their March 21 meeting the City Council approved the Round
Lake improvement projects as proposed.
V. REPORT OF PLANNING COMMISSION—March 13 and March 27
Lambert explained that at one time the Parks Commission reviewed development proposals that
would eventually go to the Planning Commission. It was felt that the Parks Commission's review
was redundant with the Planning Commission in terms of reviewing and commenting on park
dedication,trail locations, etc. For that reason,the Parks Commission no longer reviews these
proposals.Lambert said staff felt it important that the Parks Commission be aware of what the
Planning Commission is reviewing as it relates to decisions made by this Commission.
Fox said it is his intention to provide information to this Commission on items reviewed by the
Planning Commission on a monthly basis. The Planning Commission also reviews variance
requests and at their March 27 meeting they approved a variance to permit a house addition to be
built within the front yard setback as well as the side yard setback area.At their March 13
meeting they approved a proposal from ERS Development requesting the preliminary plat of
1.33 acres into two lots. The developer wished to subdivide the large lot into two lots that meet
current zoning regulations for the R-1.22 zoning.
VI. PETITIONS,REQUESTS AND COMMUNICATION
VII. OLD BUSINESS
A. REVIEW OF COMMUNITY CENTER EXPANSION PROGRAM
Lambert introduced Del Erickson, architect for the Community Center expansion project.
He said that an update would be provided to the Commission on a monthly basis as to
where they are in the process.At this time,they are still in the program development stage
and this evening they will review the program and some of the concepts based on that
program. Lambert said they are asking the Commission to approve a scheme for the last
concept and once both the Commission and City Council approve this scheme,the architect
will begin to develop a plan.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
April 3, 2006
Page 3
Erickson explained that over the past three months they have been working with City staff,
Community Center members and the School District to develop a preliminary program
draft. The information being presented this evening is a compilation of the input received
to date. Erickson pointed out that based on preliminary square footage numbers, it appears
that they are over the bond referendum amount. The diagrams prepared show where
activities will be located relative to one another. They have developed three schemes that
they feel addresses the input received from the various participants.
Bierman said when looking at the schemes,the meeting rooms located on the second floor
share a common wall to the rinks where the stands are located.He questioned the noise
factor and asked how that was going to be addressed. Erickson responded that the acoustics
would be such that it would absorb sound in the lobby area to reduce the overall noise
coming out of the rinks. The meeting rooms will have some kind of sound separation such
as a masonry wall. Bierman suggested that they flip flop the lobby area with the meeting
rooms resulting in the meeting rooms being located further away from the rink. Erickson
explained that current space is being converted to meeting rooms.
Lambert pointed out that some of the challenges they are facing in this entire process is
looking at the existing core of this building and trying not to gut the entire facility. They
have had to look at what they can do with the core space. This Community Center will
essentially be two different facilities and they have attempted to make the hockey rinks a
separate facility.Hockey participants do not have to show membership cards to enter,
therefore,this is a separate operation.Everything else is located on the Community Center
side and includes members or daily paying users. They have developed a scheme where
hockey participants will go one direction and everyone else will go the other way through
the turn styles, a controlled access. Lambert said the administrative area has been
expanded. It made sense to move most of the Recreation Division into the Community
Center allowing them to work as a team. They have also discussed the division of the
swimming locker rooms. They would use the existing space for High School swim team
locker rooms and new locker rooms would be for everyone else using the gym, fitness
center, etc. Input received from adults indicated that they do not use the current locker
rooms because of the small,wet space and the noise in the locker rooms when taken over
by the teenagers. Lambert said it has been a challenge for the architect to make use of the
existing space while adding onto the facility.
Barrett pointed out that earlier in the process,the gym had been located on the north side of
the building.He asked why it has now been moved down. Lambert said it had been
changed because everyone going to the locker rooms would have to go back through the
lobby and through the access point to the hockey area to use the gym. This did not make
sense since it needed to be tied into the Community Center facilities.Barrett said it appears
that they would be land locked should they find it necessary to expand the locker rooms in
the future. He asked if the locker rooms for the swim team would be new. Lambert
responded that they had talked about putting the lockers on the other side of the pool, if the
School District wanted separate locker rooms. Barrett asked if the play area had been
removed from the plans because of the financial liability.Lambert explained that as they
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
April 3, 2006
Page 4
looked into play structures,they found that building a large, separate play structure would
not be financially feasible. They did determine that a child's play area where parents can
drop off children and pay for their care while using the rest of the building is critical to
making a fitness center work.
Elliott-Stoering asked if there would be bleachers or a viewing area in the gym. Lambert
answered that there would be no viewing area or bleachers. It would be unlikely that the
Basketball Association would be using this gym for organized games and that this gym is
more of a program recreation gym.
Jacobus questioned if staff is asking for this Commission to suggest things to be added to
the Community Center or to be cut. Lambert explained that at this point the Commission
should be thinking in areas of spatial relationships,as well as where they might cut. They
are asking for approval of a scheme and staff is recommending approval of Scheme G.
Barrett asked if it is viable to convert the existing racquetball courts into meeting rooms
and to build two new courts. Lambert said that is something they will have to look at to see
whether or not this is something they can afford. Staff feels this is a good investment over
the cost to build, but if something has to be cut this may be the area they want to cut.
Erickson reviewed with the Commission the various schemes developed and how they
changed throughout the process. Scheme G is the latest scheme developed. The biggest
challenge they have had to address is to reduce the square footage of the building,which
has an impact on the cost.The next step will be to develop this scheme into something that
is more accurate in scale and size and to apply costs to the plan so that they know where
they are.
Napuck questioned the number of meeting rooms and asked if moving the childcare area in
Scheme G creates more meeting room space. Erickson said it does because they are not
using the racquetball courts on the upper level. One possibility would be to use this space
for a fitness area instead of meeting rooms. This is something they can look at. Basically,
the space is available and allowed them the ability to develop more meeting rooms.Napuck
said they might want to consider using some of the meeting room space for something else
if they have to cut something.
Barrett asked how much they are over budget.Erickson said they would be doing more
detailed work and hope to have more accurate numbers some time in June.Based on
Scheme G, which has 100,000 square feet of renovated areas in the existing building they
are looking at approximately$1,150,000 for renovation and for the new area based on .
national averages they are looking at roughly$6,493,000. With these numbers, they are
roughly$1.2 million over the referendum amount.Barrett asked if they could go over the
referendum number.Lambert explained that they could, but they would have to find other
revenue sources. They have $6.6 million of referendum money and any other funds for the
Community Center renovation could come from cash park fees which would mean cutting
projected projects in that CIP.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
April 3, 2006
Page 5
Lambert said they have also done an initial grading plan for relocating the baseball field by
the Community Center and found that it would not fit. In May staff will be presenting to
this Commission a revised plan for the baseball field. He said they want to design it right
and this may result in their losing one field. Once they have a plan they are comfortable
with they will present it to the Baseball Association and then come back to this
Commission with a final site plan.
Mackay said he is concerned about approving something that is already$1.5 million over
budget. Lambert suggested that they not get hung up on the numbers at this time. They will
discuss the budget at a later date. Right now they are trying to get comfortable with the
relationship of the access points to the gym,to the Community Center, etc. They have to
have some direction from this group as to what scheme works. Erickson said they will
present a master plan that might include alternates or items that don't have to be built.
Mackay said he is also concerned that if they have to cut items,areas that were placed on
the edge of the building will just be cut off without strategically thinking about the use of
these things. To even think about removing the racquetball courts may not be the thing to
do. He suggested they talk about what type of funding they anticipate they will have to add
to accomplish this project. Lambert said they need to have patience. There is a process to
follow which will provide them opportunities to address cutting the program. They will
have to spend some park dedication fees for this project;however,they are not at the point
of knowing how much more it will cost. They have some very schematic drawings that
give them direction as to where things should be in this building. Barrett said that whatever
they propose to do they have to do now and not in phases. When building the original
Community Center it was talked about phasing things in but that never happened.Mackay
said it is good to know that they will have to spend extra money to get this project done.
Motion: Motion was made by Barrett, seconded by Napuck,to approve Scheme G as the
preferred concept plan and authorize to continue developing this concept based on the
scheme. The motion carried, 7-0.
B. EDENVALE PARK CONCEPT PLAN
Lambert explained that they held a neighborhood meeting with the Edenvale neighborhood
to review the revised concept plan for Edenvale Park.All of the residents in attendance
supported the revisions to the plan. Staff is recommending approval of the concept plan so
that they can go forward with the final plans and specifications.
Mackay asked if the soccer field and baseball field work together. Lambert answered that
they will have to use one or the other, but not at the same time. They plan to depict the
outfield of a softball field overlaid on the soccer field. This gives the City the flexibility to
schedule this park for soccer, lacrosse, football or baseball; however, it will not be easy to
have soccer one night and softball the next as the soccer goals will be in the middle of the
g
outfield of the softball field.Lambert said it is likely that the City will designate the use of
the field for softball, baseball or soccer for a season at a time, rather than alternating uses
throughout the season.
DELANO ERICKSON ARCHITECTS
10700 HIGIMAY 55,SULYE 300
PLYMOUTKMN 55441
p63)5"-wo
EDEN PRAIRIE COMMUNITY CENTER
Prelimin
ary Program Draft
DATE: February 20,2006(Revised February 27,2006) j
Updated revision(Italics)March 23,2006
TO: Robert Lambert and Community Center and City Staff
FROM: Del Erickson
RE: Eden Prairie Community Center Expansion
Commission No.0601
The following draft program is developed from the meetings with the Community Center Staff and Public
on February 9,2006 and February 15,2006,and further development from staff meeting of February 21,
2006 and February 23,2006. It will attempt to consolidate the information into a basic building program
which will be used to develop designs for the Center. The Community Center can be broken down into the
following categories of uses or orientations:
I. Ice Rink Facilities.
II. Pool-Oriented Facilities.
III. Gymnasium and Fitness Facilities.
IV. Meeting Room,Multi-Use and Social Facilities.
V. Child Care and Play Spaces.
VI. Concession and Food Areas.
VII. Lobby and Public Areas.
VIII. Administration Areas.
IX. Support Areas to accommodate each of the previous functions.
X. Other considerations.
I. Ice Rink Facilities
1. Improve bleacher seatingb installing new seating,preferably accessible from an upper
Y g P Y PP
level to ac
commodate at least 1,200 seats possibly ossibl more.
2. Improve or add facilities for television broadcast near center of ice.
3. Provide separate public access to game rink as well as other rinks controlled during
hockey games and separate from the rest of the facility in terms of access and control.
4. Add four team rooms for Rink 1, size approximately 350 sq.&each,two of which should
have a common toilet and shower facility. Provide one larger for visiting high school
teams.
5. Provide one unisex skater toilet related to rink and separate from rest of community
center,accessible by team rooms.
6. Provide for a third rink,probably enclosed,which would be accessed from main rink
access.
Memorandum
March 22,2006
Page 2
7. Provide four team rooms for rink III as well as one skater toilet and refrigeration and
Zamboni facilities. Zamboni should be able to move between all three rinks.
8. Provide referee/coach/I'aid rooms rooms,one for each rink,with separate access to rink
from public.
9. Have five team rooms for rinks I and H to accommodate girls/mixed gender teams,
tournaments,and multiple team practices.
10. Provide for a tournament room. Could be a meeting room or multi-use room with a access
to the rinks.
11. Provide for a multiuse space as part of third rink alternate,should also function as
tournament office or team room.
12. Provide for open skating access and control.Include skate lounge with vending etc.
13. Program space needs.
Iee Rink I
• Bleacher/seating 1,200 @ 4 SY 5,000 S.F.
• 2 d Level view concourse 1,600 S.F.
• Four team rooms @ 350 S.F. 1,400 S.F.
• One larger team room @ 400 S.F. 400 S.F.
• One shower/toilet combination 200 S.F.
• One referee/coach/V aid room,with shower and toilet 150 S.F.
• Men and women skater toilets or unisex 200 S.F.
Total Net Area = 8,950 S.F.
Net to Gross @ 20% = 1,800 S.F.
Total Gross Area = 10,750 S.F.
Ice Rink II—No additional space needs
Alternate Rink III
• Arena space with NHL Rink and boxes,with seating for 200 22,500 S.F.
• Four team rooms @ 350 S.F. 1,400 S.F.
• One referee/coach room 150 S.F.
• Men and women skater toilets or unisex 200 S.F.
• Zamboni and refrigeration 500 S.F.
• Storage 300 S.F.
• Multiuse room,used as office or teamroom 350 S.F.
• Optional training area 3,000 S.F.
Total alternate net area = 25,600 S.F.
Net to gross @ 15% = 3,840 S.F.
Total Gross Area = 29,440 S.F.
Memorandum
March 22,2006
Page 3
H. Pool-Oriented Facilities
1. Maintain swimmer seating area and viewing area on main floor for swimming lessons and
meets.
2. Provide for potential fixture high school girls'as well as boys'swimming locker rooms
which would be separate from main locker rooms and have direct access to pool.
3. Consider split locker rooms. Wet and dry only locker rooms. Or consider member locker
room and public/school pool locker room.
4. Provide for wet corridor access from all locker rooms into pool area as well as for future
exterior pool access.
5. Provide for video use/broadcast and training.
6. Provide for pool multiuse resource space.
7. Provide for pool equipment storage.
8. Program space needs.
• Existing pool and seating—to remain 10,000 S.F.
• Pool multiuse room 150 S.F.
• Pool storage 300&F.
• Pool lockers/toilets/showers(existing?) 1,500 S.F.
Total New Net Area = I,950 SF.
Net to Gross @ 15% = 290 S.F.
Total Gross Area = 2,240 S.F.
Memorandum
March 22,2006 .
Page 4
III. Gymnasium and Fitness Facilities
I. Provide for a multi-use gym which would accommodate a full-size basketball court as well
as two cross-court volleyball courts with adequate back court space.
2. Provide fitness area to accommodate a number of machines,flexible for changing
activities or machine types,number of machines to be determined.
3. Provide for a free weight area to be part of main fitness exercise area.
4. Provide aerobics room to accommodate up to 40 people in various class-type situations;
space should have mirrored walls and a cushioned wood floor. Should have a good j
sound system with possibility for wireless instructor headset
5. Provide a multi-use room that could be used in conjunction with the fitness area for other
kinds of exercise activities not requiring a cushioned floor.
6. Provide for two racquetball courts,considering possible use of existing location as well as
new location in conjunction with gymnasium.
7. Provide for dry floor access from locker rooms to various fitness facilities;all access to
fitness facilities should be beyond a control point at main entrance.
8. The view and character of the fitness areas,both exterior and internal,are important; '
features such as television and accommodating colors and design character as methods of
competing with private clubs.
4. Provide large gym storage divided securely between gym equipment and social equipment
(i.e. stage,seating,tables.)
i
10. Provide for user storage(cubbies)as well as fitness resource storage area(secure).
11. Provide lounge areas with vending for use of community center members.
12. Provide walking track at upper level of Rink H with access from fitness area Could be
made an alternate program item.
13. Plan for potential of free weight and cardio and exercise machine area at four times
existing is (8,000 S.F.)
14. Program space needs
• Court space 100' x 75' 7,500 S.F.
• Gym equipment storage 400 S.F.
• Social storage(stage) 300 S.F.
• Aerobics room 1,500 S.F.
• Free weight area 1,200 S.F.
• Cardio and exercise machine area 4,800 to 5,800SF.
• Storage area 200 S.F.
• Two racquetball courts @ 400 S.F. 800 S.F.
• Walking track—600 LF x 7' 4,200 S.F.
Total Net Area = 20,700 to 21,700 S.F.
Net to Gross @ 15% = 3100 to 3.255 SF.
Total Gross Area = 23,800 to 24,955 S.F.
Memorandum
March 22,2006
Page 5
IV. Meeting Room.Multi-Use and Social Facilities
1. Provide for a multi-use large room that can accommodate 60-70—up to 100(preferred)
people and have use and access from other parts of the facility as well as the public lobby. j
Consider windows to exterior and atmosphere of space for rent ability to public.
2. Provide for capability to have some type of food service but not a full kitchen.
3. Connection of this space to other parts of the Community Center for joint activities could
be important and could include use for tournament activities with the rinks,teen dances
with the gymnasium and other types of social activities related to the Community Center.
4. Storage for tables and chairs that can.be used for various activities is important and could
be combined with other joint storage requirements in the Center.
5. Provide for four smaller meeting rooms,two to accommodate 10-20 people and two to
accommodate 30-40 people. These ideally would be individual rooms and could have
adjoining doors.
6. Provide for various activities;at least one or two should have tile floors to accommodate
those kinds of activities that are messy,and one or two would be carpeted for other types
of meetings.
7. Provide sink and counter in each of the spaces to accommodate coffee or craft needs,as
well as minimum food service and clean up.
8. Provide for storage,either near all the rooms or directly accessible from each room.
9. Provide for AN equipment and projection.
10. Consider one room setup for computer class.
11. Access to meeting room and multiuse room should not have to go thru the control gate,
but should be visible from the front desk.
12. Meeting rooms need to have a card swipe or key system
13. Program space needs
• Multiuse room for 70 to 100 people @ 15 to 20 S.F.per person 1,500 to 2,000 S.F.
• Two smaller meeting rooms @ 300 S.F. 600 S.F.
• Two larger meeting rooms @ 800 S.F. 1,600 S.F.
• Storage multiuse and shared 300 S.F.
• Craft or user storage 150 S.F.
Total Net Area = 4,650 S.F.
Net to Gross @ 15% = 700 S.F.
Total Gross Area = 5,350 S.F.
Memorandum
March 22,2006
Page 6
V. Child Care and Plgy Spaces
1. Provide for a drop-off child care space to accommodate the members for two-hour
periods;size or number to be accommodated needs to be determined.
2. The space needs to be divisib
le ble into Y
rou hl two areas;one for infant and one for
roughly
preschoolers. Cutoff age is to be twelve years of age
3. Additionally,if budget would allow and related to an income-producing facility,is a larger
play area or gym-type space with fun play structure that could accommodate the public.
Space should have divider curtains for parties
4. Provide for drop-off area and control desk or counter.
5. Provide child-size toilet facilities and small kitchen-type area. Kitchen area to include
counter,sink,microwave,and fridge
6. Provide for diaper changing area and crib or sleeping area for infants.
R Provide for storage of toys and activities within the space. Provide sink for disinfee&W
toys
8. Provide for windows and outdoor relationship for play space.
9 Provide for possibility of six computers and a YY.
10. Plan for future alternate large play space with public admission requirements.
11. Program space needs
• Drop off reception 100 S.F.
• Infant care area 200 S.F.
• Child care area 600 S.F.
• Toilets and kitchen area 200 S.F.
• Play space(mini gym) 1,000 S.F.
• Alternate future play space 5,000 S.F.
Total Net Area = 2,100 S.F.
Net to Gross @ 20% = 400 S.F.
Total Gross = 2,500 S.F.
i
Memorandum
i
March 22,2006
Page 7
Vl. Concession and Food Areas
1. Provide a concession area that can serve all three areas,essentially the lobby,ice rink
facility and Community Center facility. Least important to fitness area.
2. The outdoor pool needs a concession area but could be a secondary area that would only
be operated in the summer. If it were possible, it would be nice to be accessed to the main
concession area,but probably not practical.
3. Concession stand or counter to be accessed to lobby would have additionally a seating
area with tables and chairs for a general lounge/eating space. Consider location in i
relation to arcade.
4. Access to concession area from ice rink dakto-day use would be at main floor beyond
control point or part of lobby.
5. Access from other areas of Community Center should be beyond control point so that one
doesn't have to go back and forth through the control point to obtain food service.
6. Provide space and power for equipment to include 6 freezers, 1 refrigerator,2 slushy
machines, 1 cookie oven, 1 hotdog roller, 1 ice cream freezer,2 cash registers, 1 humid
cabinet, 1 nacho, 1 popcorn,2 soda fountains, 1 ice maker, 1 hot chocolate, 1 coffee,4
future machines. All machines should be in spacious open counter area with center island
work space.
7. Delivery of food is over the counter. Provide adequate line queuing space. Consider how
food service could be provided to multiuse room or meeting rooms.
8. Provide large storage room for supplies and serving equipment.
9. Provide for satellite concession stand on second level to be used for hockey game
crowds Setup should allow a limited menu of soda,candy,and warmers for food made
at main concession stand Requires multiple outlets and circuits
10. Program space needs.
• Concession serve room 600 S.F.
• Queuing area 400 S.F.
• Storage room 300 S.F.
• Serving/setup room 100 S.F.
Total Net Area = 1,400 S.F.
Net to Gross Area @ 15% = 250 S.F.
Total Gross Area = 1,650 S.F.
Memorandum
March 22,2006
Page 8
V1I. Lobby and Public Areas
i
1. Lobby and entrance need to be oriented to main drop-off and drive access to building.
Entrance would be a reception area to Community Center that would divide the crowd into
members only,which would go through a control point,and other users,primarily the ice
rink facility that would be directed in another direction.
i
2. Provide for ticket sales for game events that would be related to a control location for
those activities but allow access to other rinks which would not be on a game venue.
3. Lobby needs to be large enough to accommodate a sizable crowd,conceivably in the 500
person area related to game events. Typical usage would be more in the 100-200 capacity.
4. Provide a lounge seating area that would be available to concession and provide for eating
and viewing of other activities in Center.
5. Provide game/computer area targeted towards teenagers.
6. Arcade type game room should accommodate thirty plus people with space for eight
arcade machines and four table top games.
7. Consider computer use with Wi-Fi access,X-Box type games with controllers checked out
at the front desk.
8. Provide TV monitors for games,TV watching,sports and community center activities.
9. Game room needs acoustic separation with good visual control(glass walls).
10. Program space needs
• Arcade/game room 600 S.F.
• Dining/sitting area 600 S.F.
• Lobby for 200 people 1,500 S.F.
• Ticket sales with queuing 150 S.F.
• Lounge sitting/waiting 400 S.F.
Total Net Area = 3,250 S.F.
Net to Gross @ 15% = 500 S.F.
Total Gross Area = 3,750 S.F.
Memorandum
March 22,2006
Page 9
i
VIII. Administration Areas
1. Office area to be designed and sized to accommodate city wide recreation administration
and be resource for park and recreation programs.
2. Provide one private office sized to accommodate small group meeting,i.e.,3-4 people and
provide eight workstation areas that would be divided with partial walls.
3. Provide office space area for seasonal staff. Provide a general work area with counters
and office equipment,can double as an interview space.
4. Provide a small break room to accommodate the stag probably 6 to 8 people. This could
be a multi-use room that would serve as a small staff conference room.
5. Provide a control desk which would accommodate a person to greet the public and direct
people where they need to go as well as control admittance.
6. The location of the administration area should be such that staff can back up one another
as well as control the complete facility visually.
7. Provide for electronic monitoring and paging systems to assist staff in knowing what's
happening throughout the building. Monitor screens should be grouped at front desk.
8. Provide for section of counter to assist residents in signing up for recreation programs
throughout the City. The goal is to run the complete recreation department out of this
location.
9. Consider room or area for skate rental and sharpening close to front desk. Also consider
small pro shop area for skating,hockey,and fitness merchandise as part of front desk
space.
10. Provide office or resource space for building records,manual and energy equipment
system;
IL Consider additional 300 to 400 square feet for future work station or change in
personnel or management of the park and recreation department
12. Program space needs
• Office area(approximate
r oxunate existing park and recreation office) 2,700P SF.
• Front desk area 300 S.F.
Total Net Area =
3,000 S.F.
Net to Gross @ 15% = 450 S.F.
Total Gross Area = 3,450 S.F.
Memorandum
March 22,2006
Page 10
IX. Support Areas
1. Provide locker rooms to serve both pool and dry floor activities such as the fitness and
gymnasium. The number of lockers to be accommodated should relate to the number of
activities and memberships that would be happening at any one time,also accommodating
the turnover times. Type of lockers and size need to be determined;they should be at least
capable of accommodating street clothes in an area that would be essentially dry. Wet
area of the locker room should have a hard floor and be easily hosed down and provide
direct access to the pool wet corridor as well as the locker room area. Consider use of
existing pool locker rooms as separate pool oriented wet lockers primarily for the use of
non-members.
2. Provide 6-10 family locker rooms. These rooms need not have individual toilets but be a
private space for changing clothes and then have access to a storage locker to lock up
those clothes and access to showers and toilet facilities with access both to the wet
corridor for the pools and the dry corridor for the fitness area.
3. Provide toilet facilities for the Community Center public which needs to be related to a
number of areas: (1)for spectator events at the rink,ideally located beyond the ticket
booth and accessible at the same level as the access to the seats;(2)public toilets for the
dry floor portion of the Community Center which would be located beyond the control
point of the main desk and accessible primarily for Community Center members;and(3)
public toilets that would be related to public areas as well as access to the rinks on the
main level. i
4. Provide an elevator system that is ADA compliant and locate it in a central location
providing access to the two levels. This may or may not be at a control point of the
building but it needs to be at least visible to the front desk.
5. Provide for janitorial spaces,either central location or throughout the building as a
question to the Community Center Staff,and determined by logical service locations. J
6. Provide for adequate mechanical spaces to accommodate both existing and new
mechanical systems. These areas need to address some of the existing concerns with the
facility,including boiler room,HVAC units,energy management and environmental
separation issues.
7. Provide storage in rooms or a large central room that would have access to the various
activities. The gymnasium requires a sizable room to accommodate all of the various
activities in the gym.
8. Maintenance storage areas are maintenance supplies,janitorial supplies,and
miscellaneous,also consider general long term storage at upper level of Rink II with stairs
or hoist access.
9. Provide recreation�Partment stora
Se space(600 S.F)for offsite used aquomeat with
exterior door access—part of rink III by service area?
Memorandum
March 22,2006
Page 11
10. Program space needs.
• Men locker room(dry)200 lockers @ 5 S.F. 1,000 S.F.
• Shower/toilet/drying area and grooming 500 S.F.
• Women locker room(dry)200 lockers @ 5 S.F. 1,000 S.F.
• Shower/toilet/dry area 500 S.F.
• Wet locker rooms(existing area under pool section)
• Family dressing rooms—8 @ 35 S.F. 280 S.F.
• Family toilet/showers—2 @ 100 S.F. 200 S.F.
• Expansion for future pools 200 @ 5 S.F. 1,000 S.F.
Total Net Locker Room Area = 4,580 S.F.
Net to Gross @ 15% = 670 S.F.
Total Gross Area = 5,250 S.F.
Total area will vary depending on layout and locker/dressing numbers to accommodate.
Consider range of 4,000 to 6,000 S.F.
• Public toilet facilities new 500 S.F.
• Public toilet facilities existing 500 S.F.
Total net Area = 1,000 S.F.
General Storage(in addition to each use area)
• Maintenance supplies 300 S.F.
• Janitorial supplies 250 S.F.
• Miscellaneous storage 250 S.F.
• Mechanical allowance 1,000 S.F.
Total Building Storage and Mechanical Area = 1,800 S.F.
Recreation Storage = 600 S.F.
i
i
i
Memorandum
March 22,2006
Page 12
Recap of Building Program Areas
Net Gross
I. Rink I 8,950 10,750
Rink III(alternate) 25,600 29,440
II. Pool 1,950 2,240
III. Gym/Fitness 21,700 24,955
IV. Meeting 4,650 5,350
V. Child Care 2,100 2,500
VI. Concession 1,400 1,650
VII. Lobby 3,250 3,750
VIII. Administration 3,000 3,450
IX. Support
Lockers 4,580 5,250
Toilet facilities 1,000 1,000
Storage&Mech. 1,800 1,800
Recreation Storage 600 600
Total Program Areas 80,580 S.F. 92,735 S F.
Using average of$100/S.F. construction cost break down is as follows.
Rink III with training = $2,944,000
Community Center = $6,329,500 .
Both these numbers are slightly over the budget.
X. Other Considerations
1. Site
a. Provide for new driveway access.from valley view thru parking with secondary
access/exit to Eagle Way.
b. Provide additional 150 parking spaces over the existing number of 250 parking
spaces.
C. Provide large(long)drop-off area to accommodate public and buses.
d. Consider food and gathering community center plaza for various events,
tournaments and off-site activities.
e. Foregoing to relate to baseball field relocation.
The foregoing items are general descriptions of the spaces that need to be incorporated into the overall
Community Center. Each individual area will have a room identified with it and a square footage,which
will be derived based on the occupancy and need of the speck area. This detail list of spaces and rooms
will have rough costs associated with them that will be used as a list to prioritize for the final program.
The foregoing is meant to be a review document which will invite comment and consideration from the
Staff and Public to develop a final program of spaces to be incorporated into the design concepts which
would be addressed as part of the schematic design phase.
i
DELANO ERICKSON ARCHITECTS
10700 HIGHWAY 55,SUM 308
PLYMOUfH,MN 55441
CM)54+-070
MEMORANDUM
DATE: March 21,2006
TO: Bob Lambert,Paul Sticha,Michael Sheggeby,
Dan Hierseman,Dan Moulton at M&E Engineering
FROM: Del Erickson
i
RE: Eden Prairie Community Center Expansion
Commission No. 0601
Review of capital improvements budget.
1. Roof
• Budget for roof is$300,000.
• Worst section of the roof is over the existing racquetball courts.
• There are bad areas of roof over the rink I.
• Infrared was done on roof, as well as pictures taken of bad areas.
2. Boilers
• Budget for boilers is$80,000.
• Currently one boiler,want to go to at least two boilers. Will look at the
efficiency of going to more than two boilers.
• Want to use high efficiency boilers.
• Want to have redundancy built into the system.
• Would prefer redundancy that allows the whole building to continue
operations. '
• Would be preferred to have a central boiler location.
3. Generator
• Have$400,000 budgeted,received earlier quote of$200,000.
• Would like a generator for whole community center so the whole building can
be taken off the grid when Excel Energy requests it.
• Look into any program discounts for generators.
4. Ice show electrical
• Want to simplify the lighting for ice show.
• Have$15,000-budgeted, received earlier quote of$10,000.
• Want to have 8 to 12 outlets with new control box,possible location at center
ice with other media equipment.
Memorandum
March 21,2006
Page 2
5. Rink I bleacher heat
• Want vented heating system$15,000-$20,000.
• The radiant heaters do not get used that often.
• Talk of in floor heating,however problem is that it has a long cycle. It takes
longer to heat up and stays hot longer than needed.
• Currently rink temperature is kept at about fifty five degrees.
6. Bleacher Lighting
• Want to make it as easy as possible to change the bulbs.
• Use compact fluorescent lighting. Currently 1,OOOW metal halides over
seating
• Would like to switch the entire rink over to compact fluorescent in the future.
• Bleacher lighting only used for games and the ice show.
• Would be nice to have perimeter lighting for maintenance and security.
7. Energy Management System
• Energy management system in the 2006 budget for ice arenas. Is a Johnson
Controls system,other manufactures can also be added to this system.
• All remaining parts of community center as well as additions should be
designed to work with energy management system that will be in place.
8. Other considerations
• EPI has done assessment for community center with recommendations for
2006-2010
• Look at light photo sensors in new construction and remodeled areas.
• Look at motion sensors in new and remodeled areas. Remodeled areas could
be changed to motion censors out of the operating budget over a period of
time. Sensors most efficient in bathrooms,team rooms, and meeting rooms. j
CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director April 18,2006
DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.:
Robert A.Lambert,Director Edenvale Park Concept Plan XIV. D. 3.
Parks and Recreation
Requested Action
Move to: Approve the revised Edenvale concept plan and authorize final plans and specifications based on
the plan.
Synopsis
On Thursday,March 23, City staff met with residents from the Edenvale neighborhood to discuss the
revised concept plan for Edenvale Park.All residents in attendance supported the revisions to the plan. Over
650 notices for this meeting were sent to residents in the service area for this park. The City did not receive
any negative feedback on this concept plan. The Parks, Recreation and Natural Resources Commission
reviewed this plan at their April 3, 2006 meeting and unanimously approved the plan.
Background
During the summer of 2005,the City staff met with residents from the Edenvale Park service area to discuss
a plan to renovate Edenvale Park and include those costs for that project in the November 2005 park
referendum.At that time, although the majority of the residents supported the concept plan that relocated the
hockey rink to the north and constructed a new warming house/park shelter, a basketball court and a soccer
field, some residents were disappointed that the softball field was being eliminated from the park. City staff
indicated that the soccer/football/lacrosse type of athletic field was more in demand than a baseball/softball
field,and the configuration of the park land lended itself to accommodating a soccer type field more so than
a baseball/softball field.
After the referendum was approved, City staff requested the park planner to attempt to accommodate both a
softball field and a soccer/football/lacrosse field within this neighborhood park if at all possible. The revised
concept plan depicts the outfield of a softball field overlaid on the soccer field. This gives the City the
flexibility to schedule this park for soccer, lacrosse, football or baseball; however, it will not be easy to have
soccer one night and softball the next as the soccer goals will be in the middle of the outfield of the softball
field.All soccer goals must be staked down;therefore, it is likely that the City will designate the use of the
field for softball,baseball or soccer for a season at a time, rather than alternating uses throughout the season.
The City anticipates the plans and specifications for this park by the end of the year and awarding bids for
this project in January of 2007 and initiating construction in the spring of 2007, and completing the project
by the fall of 2007.
Attachment
Edenvale Park Concept Plan
Edenvale Neighborhood March 23, 2006 Meeting Minutes
Parks, Recreation and Natural Resources Commission Minutes from April 3,2006 meeting—Pages 5-6
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Edenvale Park
Qry VI Edee I Prairie t CONCEFr PLAN PREPARED BY:
Parks&Wural Resources 11 Pelnen ol a �dmvale Boulevard
UNAPPROVED MINUTES
PARK CONCEPT MEETING—EDENVALE PARK
MARCH 23,2006 7:00 P.M., CITY CENTER
Council Chamber
8080 Mitchell Road
CITY STAFF PRESENT: Bob Lambert,Director,Parks&Recreation
Lorene McWaters,Recording Secretary
Lambert called the meetingto order at 7:04 .m.A total of nine residents attended the
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meeting. Lambert noted this was the second concept meeting for the Edenvale Park
design. He said at the first meeting in May 2005 there were strong advocates for both a
softball field and a soccer field,but only the soccer field was shown on the original plan.
Lambert said the plan has since been reworked with a slightly scaled-down soccer field,
which can also be used for Lacrosse, and a softball field.The newer plan also includes a
full basketball court, as well as free-skating and hockey rinks.He said staff will clear out
a bit more of the woods to create space for a shaded picnic area.There will be only one
parking area,which will be expanded to accommodate 30 parking spaces.Lambert said
staff is aware the park has become a teenage hangout, but he is confident that will change
once the playground is in and there is an active adult presence at the park again.A
neighborhood playground program will be restarted after the new equipment is installed.
Lambert said the project will go to bid by the end of this year and most construction will
be done during the summer of'07.
A resident asked whether or not the trail in the conservation area would be black-top.
Lambert said it will be a soft-surface trail,which discourages bicycle use, and it will loop
the conservation area,north of the bridge.
Another resident asked if the hockey rink boards will be of the same material as the new
boards at Crestwood Park. Lambert said the City has not had a good experience with the
new plastic material because flying pucks punch holes in it at below-zero temperatures.
Lambert said the City intends to go back to using wood for the boards.
Another resident asked why certain features are being reconfigured. Lambert said the
park does not work well as it is currently configured due to drainage problems, mainly on
the softball field. The current set up of the park also lends itself to vandalism because it
is split up.
A resident asked if there will be crosswalks on Edenvale Boulevard. Lambert said staff is
recommending one crosswalk, but will not recommend others due to poor sight lines. A
resident asked if parking will be prohibited on Edenvale Boulevard. Lambert said the
City does not plan to post Edenvale as no-parking, but will reconsider this if parking
becomes an issue.
Edenvale Park Neighborhood Meeting
March 23, 2006—page 2
A resident questioned whether the new configuration will really eliminate the ball field
drainage problems. Lambert explained how the design,which includes drainage tiles and
grading is expected to alleviate drainage issues. Several residents said they like how the
soft ball and soccer fields have been integrated into the plan.
Lambert said use of outdoor hockey rinks in Minnesota is plummeting because of the low
quality of ice due to warmer winters; however, he said he knows there are residents that
still want outdoor rinks.A resident asked if the City looked into using some sort of
refrigeration system for the ice on outdoor rinks.Lambert stated that the City did evaluate
the feasibility of outdoor refrigerated ice at Round Lake Park and at Staring Lake Park.
Lambert said that type of use is cost prohibitive.A resident asked if the rink will still be
used as a dog run in the warmer months, and Lambert said that it would.
Lambert displayed a poster that h p sows the new playground equipment,which will be
installed this summer. The residents said they liked the equipment and are looking
forward to the changes.Lambert thanked the residents for attending the meeting and
offering their input. The meeting was adjourned at 7:45 p.m.
PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
April 3, 2006
Page 5
Lambert said they have also done an initial grading plan for relocating the baseball field by
the Community Center and found that it would not fit. In May staff will be presenting to
this Commission a revised plan for the baseball field.He said they want to design it right
and this may result in their losing one field. Once they have a plan they are comfortable
with they will present it to the Baseball Association and then come back to this
Commission with a final site plan.
Mackay said he is concerned about approving something that is already$1.5 million over
budget. Lambert suggested that they not get hung up on the numbers at this time. They will
discuss the budget at a later date. Right now the are in to et comfortable with the
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relationshipof the access points to the m to the Community Center, etc.The have to
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have some direction from this group as to what scheme works.Erickson said they will
present a master plan that might include alternates or items that don't have to be built.
Mackay said he is also concerned that if they have to cut items, areas that were placed on
the edge of the building will just be cut off without strategically thinking about the use of
these things. To even think about removing the racquetball courts may not be the thing to
do. He suggested they talk about what type of funding they anticipate they will have to add
to accomplish this project. Lambert said they need to have patience. There is a process to
follow which will provide them opportunities to address cutting the program. They will
have to spend some park dedication fees for this project; however,they are not at the point
of knowing how much more it will cost. They have some very schematic drawings that
give them direction as to where things should be in this building. Barrett said that whatever
they propose to do they have to do now and not in phases. When building the original
Community Center it was talked about phasing things in but that never happened. Mackay
said it is good to know that they will have to spend extra money to get this project done.
Motion: Motion was made by Barrett, seconded by Napuck,to approve Scheme G as the
preferred concept plan and authorize to continue developing this concept based on the
scheme. The motion carried,7-0.
B. EDENVALE PARK CONCEPT PLAN
Lambert explained that they held a neighborhood meeting with the Edenvale neighborhood
to review the revised concept plan for Edenvale Park.All of the residents in attendance
supported the revisions to the plan. Staff is recommending approval of the concept plan so
that they can go forward with the final plans and specifications.
Mackaysked if the soccer field and baseball field work together. Lambert answered that
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they will have to use one or the other, but not at the same time. They plan to depict the
outfield of a softball field overlaid on the soccer field. This gives the City the flexibility to
schedule this park for soccer, lacrosse, football or baseball; however, it will not be easy to
have soccer one night and softball the next as the soccer goals will be in the middle of the
outfield of the softball field. Lambert said it is likely that the City will designate the use of
the field for softball, baseball or soccer for a season at a time, rather than alternating uses
throughout the season.
PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
April 3,2006
Page 6
Motion: Napuck moved, seconded by Brill,to approve the revised Edenvale concept plan
and recommend the City Council authorize final plans and specifications based on the plan.
The motion carried,7-0.
Bierman said he wanted to applaud City staff for the process they have gone through to get
members of the community involved in developing these plans for the various,parks. This
is a very impressive process and City staff has done a wonderful job.
C. FOREST HILLS PARK CONCEPT PLAN
Lambert reported that City Staff met with the Forest Hills neighborhood and no one was
opposed to the design. Staff is recommending approval of this plan.Mackay asked if
referendum money is being used for this.Lambert said it is and they are estimating about
$950,000 for this park and $650,000 for the Edenvale Park improvements. Once they get
the final plans and specifications they will know more exact costs but they believe they are
in the ballpark.
Motion: Motion was made by Jacobus, seconded by Barrett,to approve the concept plan
for Forest Hills Park and recommend the City Council authorize final plans and
specifications for this park. The motion carried,6-0. (Bierman had left the meeting.)
D. UPDATED LAKE MANAGEMENT PLAN FOR ROUND LAKE
Lambert explained that the City Council approved a proposal to provide Round Lake
Improvement Projects for 2006 by Blue Water Science in the amount of$16,960.The
proposal from Blue Water Science provides a list of suggested projects to enable City staff
to monitor water quality, provide low-impact water treatment alternatives and evaluate
goose management alternatives for the lake in anticipation of opening the beach to the
public in 2007 or 2008. One of the main issues still remaining with Round Lake is the
goose problem. They need to research effective ways to harass the geese and to look at
ways to improve the water quality even more. Lambert said they also need to attract
residents back to this beach.
Mackay said if he remembers correctly,two years ago it was felt that a lot of money and
time would be required to bring this lake back to a swimming lake.Lambert responded that
the Watershed District felt the only way to make sure this lake usable was to build a
$960,000 alum treatment plant.At that time, staff did not support this.They felt that the
new State law that prohibits phosphorus use in residential fertilizer would make the biggest
impact on lakes. The ponds are also improving and have a big impact on this lake. City
staff still support all of the recommendations of the latest Watershed District Report which
does not include the alum treatment plant. Staff believe that it is only a `last resort', and
hope that all of the other efforts being made to address water quality in this lake will
gradually improve Round Lake each year.
CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Robert A. Lambert, Director Forest Hills Park Concept Plan XIV.D. 4.
Parks and Recreation
Requested Action
Move to: Approve the concept plan for Forest Hills Park and authorize final plans and
specifications for this park.
Synopsis
The City sent out notices to over 600 residents within the Forest Hills Park service area inviting
them to attend a meeting on March 28 to provide input on the concept plan.Approximately a dozen
residents attended that meeting and all supported the concept plan as drafted.
The Parks,Recreation and Natural Resources Commission reviewed this plan at their April 3,2006
meeting and unanimously approved the plan.
Background
The concept plan for Forest Hills Park was developed in 2005 after input from residents, School
District personnel, and City Park and Recreation staff. The concept plan that is proposed is virtually
the same plan that was approved in the referendum in 2005.
Once the Council authorizes final plans and specifications,the planner will draft the grading plan
and landscape plan which should be completed by the fall of 2006. Staff anticipate bidding this
project in December of 2006,with bids being awarded in January of 2007.The project will not begin
until school is out in 2007. The goal will be to have all the grading and seeding completed by the
time school is back in session in the fall of 2007.The park will not be usable until the summer of
2008.
Attachments
Forest Hills Concept Plan
Forest Hills Neighborhood March 28, 2006 Meeting Minutes
Parks, Recreation and Natural Resources Commission Minutes from April 3, 2006 meeting—Page 6
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UNAPPROVED MINUTES
FOREST HILLS MEETING
TUESDAY,MARCH 28,2006 7:00 P.M.,CITY CENTER
Council Chambers
8080 Mitchell Road
STAFF: Bob Lambert, Director,Parks&Recreation
Stuart Fox,Manager of Parks and Natural
Resources
RECORDING SECRETARY: Allison Burr
Bob Lambert stated the City is seeking public feedback regarding the plans for the Forest Hills
Park. He noted one of the main issues for the park is access.There is an 8-foot asphalt bicycle
trail,which is not a road, so that may need to be signed for No Motor Vehicles. City staff is also
aware of the concern for parking along Tanager Lane near that access point. The City does not
like to sign No Parking, in case residents have visitors. Often times the people who request No
Parking state they cannot live with No Parking because their visitors are being ticketed.
One resident stated she has never had an issue of parking with the residents, but there has been
an issue of those using the skating rinks.
Lambert stated moving the skating facility and the building will eliminate a lot of traffic through
the area, and hopefully,the problem with vandals hanging around the park shelter.
One resident pointed out the parking stalls have been increased on the plan. Lambert stated yes,
the City did receive a request to increase stalls. He pointed out the smaller-than-regulation soccer
field. The field will likely be used for practices by associations. If it were to be a game facility,
the City would try to provide 30 parking spots per field. With a practice field, however,that is
not needed.The City believes this amount of parking is more than adequate.
One resident asked about the vegetation and trees and if they will be removed.
Fox displayed a site plan on the overhead and pointed out areas of vegetation and drainage.
Lambert pointed out there will be some additional landscaping to discourage cars from going
where they should not.
Fox added the City would have to block the entire berm to eliminate the car problem.Lambert
stated if it takes boulders or a fence,the City will do what it has to in order to stop the cars from
going where they should not.
One resident stated cars going through the area is a major problem.Lambert asked if this is a
daily occurrence. She responded she has seen it three or four times a year. It puts people out
walking their dogs at risk.
FOREST HILLS MEETING
March 28, 2006
Page 2
Lambert pointed out the areas on the map where land will be graded.
One resident asked what dirt will be used. Lambert responded dirt from the hill near the
playground will be used.He stated berming will be used to discourage noise and cars;the City
will do what it can.
One resident asked if fencing will be used on the field. Lambert stated no,just a backstop. Fox
added all the City is doing is replacing the field.
One resident asked if sand will be used and if there will be storage for the equipment used to
maintain the sand. Lambert responded no, it will be just like the field that is operating now.
Fox pointed out the details of the field and the playground.He stated the softball field will be
used for physical education programs and for summer programs for the associations.
One resident asked if security lighting will be added. Lambert stated there may end up being
security lighting in the parking area;that has not been decided yet.
One resident stated it may become a party area for kids, in which case lights would be a good
idea.
Lambert stated security lights can always be added,though he does not think that will be an
issue. The only time that becomes an issue is when the police or neighbors cannot see the kids.
Connie Hytjan,Forest Hills Elementary, added the plans will provide additional ADA access.
One resident stated he has been concerned about the acoustics of the area.
One resident asked where the kids will warm up and put their skates on for the rink.Lambert
pointed out the warming house.He noted there are several similar warming houses throughout
the Eden Prairie park system. It has a skate changing area and restrooms.
Fox added there will be picnic tables under the open sided covered shelter.
The resident asked how the maintenance trucks will access the area. Fox pointed out the access
area on the map.
Fox stated the hours of the rink varies depending on the day of the week and use level. When the
temperature falls below a certain temperature, it would be useless to have the lights on.
Lambert stated the neighborhoods insist on maintaining these kinds of facilities for their use.
However, he does not support putting in any more outdoor hockey rinks because in the last 15
years outdoor use has decreased steadily due to the warmer weather. The City tried to take a rink
away a couple years ago at Prairie View Park and there was a standing-room only crowd at the
Council meeting in opposition.
Lambert noted the field could be used for soccer, football, and lacrosse.
FOREST HILLS MEETING
March 28, 2006
Page 3
One resident asked if this space can be reserved. Lambert responded all facilities are on a first-
come, first-serve basis after the City, schools, and associations. City programs are first priority;
school programs are second priority; and then associations are third priority.As far as neighbors
wanting to schedule a birthday party on a field, if it is reserved, a resident cannot use it. If it is
not reserved, it is available for private reservation use, or use on a first-come, first-got basis.
In response to a question,Lambert stated there is no golfing allowed on any City park.Usually it
will take divots out of the turf. If a resident sees anyone golfing,he or she should call 911.
Fox stated the City wants everyone to utilize the fields.Back in the 1970s,the plan would be to
have all these nice facilities developed and eventually when Eden Prairie matured and the
number of kids started decreasing, all of the associations would start playing all their games at
the community parks, and neighborhood parks would be available for neighborhood use only.
But what has happened since 1978 is the tremendous growth in athletic associations and pograms
for younger age children. The facilities will always be used, and he is not sure the City will ever
be able to back off of the use of neighborhood parks because of the demands of these youth
athletic associations.
One resident stated he appreciates that, but there should be room for family time as well. Fox
stated absolutely,there will be plenty of room for flying kites, for example.
Lambert stated for the amount of acreage here, it has been a very inefficient use of the space;this
plan makes it a much more efficient use of space.
One resident asked about the drainage plan. Fox stated the drainage plan is not decided yet, in
case there are some major design changes to the plan.He pointed out a pond on the plan.
One resident asked about the warming house and the price of building it. She asked if it will cost
$350,000.Fox stated it is about$250,000; it is a commercial grade building.
Lambert stated the facility has to be designed to withstand heavy use and abuse. This warming
house will allow kids to walk through with skates on their feet and sticks in their hands. The park
shelter designs are not any fancier or differently built than Minnetonka or anywhere else.He
noted he visited a warming shelter in St.Louis Park that had glass windows almost to the ceiling
and a fireplace in an octagon-shaped building. It cost$650,000 to build.This$250,000 one is
very functional. The City has to pay the architect for his design. Lambert stated this was the low
bid, and typically there are seven or eight bids.
Lambert provided the history of the existing"temporary"park shelter,which was intended to last
only 10 or 15 years but has lasted 30 years.
One resident asked about the location of the hockey rink in the part of the field where it warms
up the quickest. She stated in the spring and summer the grassy area will be a hot commodity.
Also, she asked if the associations and teams will be monitored to make sure the do not tear
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the fields with their cleats. Lambert responded it is no different than any of the other parks in the
FOREST HILLS MEETING
March 28, 2006
Page 4
system. The City has a good relationship with the presidents of the various associations and they
want to keep the fields nice too.
Lambert added the hockey rink is on higher ground,but being on lower ground does not make a
difference regarding when it will melt. It has to do with air temperatures and sun angles and
drainage.
Lambert stated the project will start right after school is out in 2007.The goal is to have it graded
and seeded by the time school starts again in mid-August. The backstops and building may still
be under construction. Subject to good weather, it can be done. Once school starts, it will be
critical for the seeded ground to have a good start, so it will be critical to keep kids off it. Fox
stated once the school operates in September,they will use that parking lot for special meetings,
et cetera.
One resident asked when a more detailed plan will be available with drainage, et cetera.Lambert
stated this concept will come to the Parks Commission Monday and the Council on April 18t'.
Once the Council authorizes the money to be spent,then the plans get underway in more detail.
He stated as major changes are made, like the plan with the final landscaping on it, it will be put
on the website.Fox stated final plans should be ready in September.Lambert added the goal is to
have plans and specifications complete this fall.Then permits have to be obtained, and it will go
out to bid in December,with bids being awarded in January.
Lambert stated what he is hearing is the goal is to keep cars from going where they should not
be. The City will probably landscape the perimeters but keep the middle open.One resident
asked for assurance that some character of the community will be maintained,noting a number
of trees are 30 or 40 years old.Lambert assured him not to worry.There will be a good
landscaping plan for this. The goal is to keep parks, parks first; and they accommodate athletics
second.
One resident asked about signage. Lambert pointed out where signs will be placed at entry points
to the park.
One resident stated the critical key to success is good communication with the associations to
keep this park looking nice.
Lambert stated the Sports Facilities Committee meets with City staff four to six times a year and
discusses park use and abuse and issues that relate to all of the facilities they are using. They are
citizens and the City lets them make decisions on priority use. That way, for example, soccer and
football can work things out for themselves regarding field usage as opposed to City staff
dictating on that issue.He asked that residents let City staff know if they have issues or
questions.
In response to a question, Lambert stated this will be a$900,000 investment in the park.
Lambert stated this will be the last time residents will be notified about the plan.At this point,
City staff has to go forward with planning rather than just talking about it.Next step is to have
FOREST HILLS MEETING
March 28, 2006
Page 5
the concept plan approved,the Council authorize the money, and then the project will go out to
bid.
One resident stated the lighting issue, parking, access into the park, and preventing cars from
going over the hill are the main issues. Fox stated signage can be put up regarding no large
vehicles and asked that residents call the police when they see abuse,preferably with a license
plate number.
Lambert stated he wants to get these issues taken care of before
proceeding.
Fox stated most people who do things they should not do in the park are familiar with the ways
in and ways out. The police know these kids are usually from the neighborhood area.
One resident asked what the occupancy permit for the space. Fox stated the space inside is 20
feet by 30 feet in the warming house,which does not include the restrooms.There will be four to
six picnic tables in the outside sheltered area.He pointed out where the lights will be located,
noting they will be on a timer and will usually run until 11:00 at night.
One resident asked if there will be a water fountain.Lambert responded affirmatively.He asked
if there will be BBQ grills. Lambert stated probably not. Fox stated people can bring their gas
grills or charcoal grills.
One resident pointed out an area where there should be a walking path near the hill.Lambert
stated he would not like to put a path down that hill.Fox stated as soon as a designated path in
there, it has to be something that is maintained and it has to be graded. Lambert stated to meet
ADA the hill would require extensive grading, and there is already a sidewalk a few feet away
along Holly Road.
The resident asked who owns the playground. Lambert responded it is City property.He pointed
out the boundaries of what the City owns.
Lambert stated years ago it was decided it did not make sense to build neighborhood parks and
then have the school district duplicate all the efforts so taxpayers have to pay for it again. It
makes more sense to buy enough land to have a school built nearby so the school can use the
park facilities.He stated each school that shares the City's property has a different agreement.
The City provides the school the same budget as a regular neighborhood park,recognizing they
will probably double or triple that, so neighbors end up getting a lot bigger playground than other
areas.
Fox noted there is a very low maintenance on the hillside. The City used to mow it but it was
discontinued because it did not economically make sense. The City tries not to mow any parts of
the parks that are not considered essential areas, and this hillside is more of a natural area.
Anything that would be turfed would be mowed.Fox stated there are issues of maintaining the
area when school is in session because the City is limited in terms of how much equipment can
be around when there are schoolchildren around.
FOREST HILLS MEETING
March 28,2006
Page 6
One resident asked if citizens will be allowed to speak when the plans go before the Parks
Commission.Lambert responded affirmatively.
One resident asked how Lambert will incorporate resident feedback.Lambert stated he
understands there are some questions about lighting,how the berming will be done, and the
drainage and landscaping. He stated he will talk to the Public Works Department about signing
the street No Parking.There is a process to sign a street that way.
Lambert suggested the group should write a letter to the Mayor and City Council requesting No
Parking signs in a specific area and then get signatures from neighbors. If the City sees addresses
of people most affected on that petition, it should be a slam-dunk.
Fox stated the parking is not a Parks issue; it is a City Engineer issue.Lambert suggested the
residents write the letter immediately if that is the course of action they want to take.
The meeting adjourned at 8:11 p.m.
PARKS,RECREATION AND NATURAL RESOURCES COMMISSION
April 3, 2006
Page 6
Motion: Napuck moved, seconded by Brill,to approve the revised Edenvale concept plan
and recommend the City Council authorize final plans and specifications based on the plan.
The motion carried, 7-0.
Bierman said he wanted to applaud City staff for the process they have gone through to get
members of the community involved in developing these plans for the various parks. This
is a very impressive process and City staff has done a wonderful job.
C. FOREST HILLS PARK CONCEPT PLAN
Lambert reported that City Staff met with the Forest Hills neighborhood and no one was
opposed to the design. Staff is recommending approval of this plan. Mackay asked if
referendum money is being used for this. Lambert said it is and they are estimating about
$950,000 for this park and $650,000 for the Edenvale Park improvements. Once they get
the final plans and specifications they will know more exact costs but they believe they are
in the ballpark.
Motion: Motion was made by Jacobus, seconded by Barrett,to approve the concept plan
for Forest Hills Park and recommend the City Council authorize final plans and
specifications for this park. The motion carried,6-0. (Bierman had left the meeting.)
D. UPDATED LAKE MANAGEMENT PLAN FOR ROUND LAKE
Lambert explained that the City Council approved a proposal to provide Round Lake
Improvement Projects for 2006 by Blue Water Science in the amount of$16,960.The
proposal from Blue Water Science provides a list of suggested projects to enable City staff
to monitor water quality,provide low-impact water treatment alternatives and evaluate
goose management alternatives for the lake in anticipation of opening the beach to the
public in 2007 or 2008. One of the main issues still remaining with Round Lake is the
goose problem. They need to research effective ways to harass the geese and to look at
ways to improve the water quality even more. Lambert said they also need to attract
residents back to this beach.
Mackay said if he remembers correctly,two years ago it was felt that a lot of money and
time would be required to bring this lake back to a swimming lake.Lambert responded that
the Watershed District felt the only way to make sure this lake usable was to build a
$960,000 alum treatment plant.At that time, staff did not support this. They felt that the
new State law that prohibits phosphorus use in residential fertilizer would make the biggest
impact on lakes. The ponds are also improving and have a big impact on this lake. City
staff still support all of the recommendations of the latest Watershed District Report which
does not include the alum treatment plant. Staff believe that it is only a `last resort', and
hope that all of the other efforts being made to address water quality in this lake will
gradually improve Round Lake each year.
CITY COUNCIL AGENDA DATE:
SECTION: Report of Public Works Director April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E 1.
Public Works Services Renewal of Midwest Asphalt's Land
Gene Dietz Alteration Permit and Addendum A
Police Covering Operating Conditions
Jean Johnson, Zoning Administrator
Requested Action
Renew the Land Alteration Permit for Midwest Asphalt for 2006-2008
Synopsis
Since 1996 operations at Midwest Asphalt, 6401 Industrial Drive, have been covered by a 2 year
renewable Land Alteration Permit and associated addendum. The addendum regulates uses and
operations of the non-conforming asphalt plant which is located in the Industrial-General Zoning
District. The operation is in conformance with the terms of the permit.
Background Information
In 1994 the City began negotiations with Midwest Asphalt on a Land Alteration Permit to
regulate use of the property. The negotiations concluded with approval of a permit and
addendum in 1996. The addendum contains conditions which regulate hours of operation,
prohibits crushing activity during June-July-August, and outlines enforcement procedures and a
renewal process.
The permit and addendum were renewed in 1998,2002, and 2004.
Residents within 2,000' have been made aware of the permit renewal request before the Council.
Finally, it should be noted that the contractor for Xcel cut about two dozen small diameter trees
on the berm facing Edenvale Boulevard. The trees were mostly cottonwood,but unfortunately a
species that would ultimately interfere with the power transmission line immediately overhead.
Attachments
• March 10,2006 Memo from Jean Johnson,Zoning Administrator
• Midwest Asphalt's Land Alteration Permit&Addendum
• March 17, 2006 Memorandum from Gene Dietz to surrounding properties and copies of
e-mail correspondence from two(2)residents.
MEMO
TO: MAYOR AND CITY COUNCIL
FROM: Jean Johnson,Zoning Administrator
DATE: March 10, 2006
SUBJECT: Renewal of Midwest Asphalt's Land Alteration Permit for 2006-2008 and
Addendum A
BACKGROUND:
Midwest Asphalt is a material crushing and asphalt batch plant located in the Industrial
General Zoning District at the south end of Industrial Drive. The use has been in
operation since the 1960s. Midwest Asphalt is a non conforming use in the Industrial
General District.
In 1995 the City and Midwest Asphalt negotiated a Land Alteration Permit process for
the asphalt plant operations. The permit includes Addendum A in which operation
conditions are outlined. The permit duration is two years and a new permit and
Addendum A are attached for the Council's review and approval.
As discussed during the L.G. Everest proposal,the City has notified residents within
2,000 feet of the Midwest Asphalt permit renewal.
REVIEW OF PLANT OPERATIONS 2004-2006
Noise:
In 2005 a noise concern was received related to operations prior to lam. The noise
concern was reviewed and the determination was the noise was associated with highway
construction activity at 494/Crosstown 62.
The noise from dump truck tail gate banging and back up beepers do create noise audible
to residents,but the cumulative events and decibel levels do not exceed code limits. Staff
will continue to monitor noise at the site.
Stockpile Heights:
The original permit depicted variable stockpile heights. Since crushing operations do not
occur in June,July or August, stockpile heights are created early in the year that will
carry the batch plant operations through those 3 months.
RENEWAL:
Staff is not aware of operational violations that would prevent renewal of the permit.
CITY OF EDEN PRAIRIE
8080 MrTCMMLL ROAD
EDEN PRAIRIE,MN 55344 PERMrr#06-
.952-949-8330
CITY.OF EDEN PRAIRIE
APPLICATION FOR RELEASE OF LAND ALTERATION PERMIT
PROJECT NAME: S f Y1t.Il . t:t/
DATE PERMIT APPLICATION RECEIVED:
marsh . , Zoos
L APPLICANT INFORMATION
APPLICANT
Name: . Midwest Asphalt Corporation Address: 6401 Induattial, Drive
Phone: (952) : 937-8033 City/State:
Eden Praitie MN
-PROPERTY OWNER
Name: Same Address:
Phone: City/State:
CONTRACTOR PERFORMING WORK Company Name:
Name: Same Address:
'Phone: City/State:
II. PROJECT/PROPERTY DESCRIPTION
Location: 3-116-2�2-22-0033 & See Exhibit A .Si&.OfSite: 8 Acres ..
Estimated Volume of Earth Moved: Number.of Disturbed Acres: " 8 Acres
Estimated:Cost of Land Alteration: Proposed Use:.
Proposed Start Date: 3-1-06 Proposed Completion Date: 3-1-k-08
III." MATERIALS TO BE INCLUDED WITH APPLICATION:
A. Two €ull size copies of plans and specif cations showing topography; grading, erosion control systems and
restoration: Map to include location of building pads,.stockpiles,Stormwater.Facilities:and finished grading:..
C. .Executed copy-of contract documents for.:gradirig work,including excayafion And.
D: Written ro`ect schedule.and sequence of construction activities.: - - - -- _-- -
P J
Copies of all applicable.permits.from other.permiffmg authorities- .e,Watershed Districts;MPCA,DNR,etc .
F. Name and address of the Design.professional,:Certified Profession ixi Erosion'&Sediment Control(CPESC) or
L icensed.Professiorial Engineer=responsible for conducting ins pections;:monitoring and maintenance of the'Sit�to.
ensure conformance to the:Plan.
G. Copy of Storm.Water:Pollution Prevention Plan(SVVPPP)and/or RunoffManageinent Plan(RIvIP),if required
IV. EROSION CONTROLINSTALLATION&INSPECTION
Date Erasion Control Systems Installed:
:.City Inspection Date:
G::Fohns/Laiid-Alteration=Permit Form-06_
CITY OF EDEN PRAIRIE
8080 M ITCImIELL ROAD
EDEN PRAIRIE,MN 55344 PERMIT#06-
952=949-8330
V. FINANCIAL SECURITY INFORMATION
Type Of Financial Surety: Provided By:
Permit Surety Amount: Surety No:
Permit Fee Amount: Surety:Expiration Date:
Receipt No.:
I hereby apply for a Land Alteration Permit and I acknowledge that the information provided is complete and accurate. I
understand and hereby agree that the work for which the permit'is issued shall be performed according to the following: (1)
.the conditions of this permit,(2)the approved plans and speeifications,(3)applicable.City approvals,ordinances and codes;
and (4)the State.building code. I understand that the Pennit-will expire, and become null.and void, if work is not started
with I80 days of signature or if Land Alteration stops and is abandoned for a period of thirty(30)days prior to'completing
the.Land Alteration. I understand that. I am responsible for ensuring -that all required'inspections are completed iri-
conformance with City code requirements..
(Applicant)Signatur
This permit is hereby released by'the City of Eden,Prairie on. stibject to the conditions of
City Code Sect. 11.55 and any Special Conditions attached:
(City)Signature
This permit is permissive only and does not release the Permittee from any liabdity.or obligation imposed:by
Minnesota Statute,Federal Law,State Agency Rules or the requirements of other agencies with regulatory authority.
INFORMATION BELOW TAIS LI FOR C ITy USE ONi v.
VI. PROJECT COMPLETION_/RELEASE OF FINANCIAL SECURITY
Date Final Certification From Design Profession Received
-Date Final Stabilization Completed'
Date:Erosion Control:SystemsRemoved:.
<Date of Final Inspection By City
Date Surety Released:
COMMENTS:
EXHIBIT A
LEGAL DESCRIPTION FOR THE PROPERTY
That port of -the Northwest Quarter of Section 3. Township 116,
Range 22. described as commencing at the Southwest corner of
the said Northwest Quarter. thence North along the West line of
the said Northwest Quarter 48&42 feet; thence deflecting to. the
right 28 degrees 21 minutes 30 seconds a distance of 1153.5 feet
.to the point .of beginning; thence Southwesterly along the said
lost described course to the West line of the sold Northwest
Ouorter. thence North along the said West_line 296.81__feet; _thence
deflecting to the right 43 degrees 45 minutes 30 seconds a distance
of 150.24 feet: thence on a curve to the left. having•o radius of
2814.79 feet and a delta ongle of 15 degrees 24 minutes. a distance
of 756.57._feet ..to -the.-point-of-beginning.-except-that-port -thereof _ -------------__
described as follows: Commencing at the Southwest corner of the
Northwest Quarter of Section 3. Township 116, Range 22; thence
In a Northerly direction along the West line of sold Northwest
Quarter having an assumed bearing of North 0 degrees 44 minutes.
30 seconds West a distance of 48&22 feet to the actual point of
beginning of the area to be described. thence continuing along
-West line of said Northwest Quarter having an assumed bearing
of North 0 degrees 44 minutes 30 seconds West a distance of
237.30. feet; thence South 23 degrees 06 minutes 12 seconds East
.o distance of 28.86 feet: thence Easterly a distance of 112.22 feet
to its intersection with the West right-of-way line of the Chicago
and Northwestern Railroad olong a curve concave to the South
and not tangent with the lost described line. sold curve hoe a radius
Of 335.00 feet. a central angle of 19 degrees 11 minutes 34 seconds
and the chord of said curve bears North 81 degrees 37 minutes
51 seconds East, thence Southerly along the West right-of woy
line of-the_said-railrood having a bearing--of South- 27-degrees 37
minutes West a distance of 256.18 feet to the actual point of '
beginning and there terminating.
Subject to on easement in favor of Dennis D. Crawley and Dorothy
A. Crowley, husband and wife. over that part of the Northwest
Quarter of said Section 3. described as commencing at the
Southwest corner of said_Northwest_Quarter;._thence___North-among y
the"West tine-;thereof, 488.42-feet to the pointof beginning; thence-
deflecting to the right 28 degrees 21 minutes 30 seconds a distance
of 264.13 feet; thence deflecting to the left 95 degrees a•distance of
50.19 feet; thence deflecting to the left 85 degrees a distance of
167.13 feet to the West lin°e of sold Northwest Quarter. thence South
along sold West line 105.22.fPetr10-the.point of beginning.,as,shown
In deed Doc. No: 745509. 1 Res of Registror of Titles.
u
4-2000
ADDENDUM A
SPECIAL CONDmom TO LAND ALTERATION PERMIT RENEWAL OF....
M[DWEST ASPHALT CORPORATION
The following special permit conditions apply to the property identified on Exhibit A
hereto(hereinafter,the`Rural Property')and to Tract,E,RLS 1280 solely as to
paragraphs 2,3,4,6,and 7.
1. Applicant(MWA)shall complete the following items a-d:
_ - a Insure plant growth on exterior face of berm; -
...... . .....
b. Erosion control shall be maintained as needed along entire outside
perimeter of the berm.. MWA shall conform to the Erosion Control Policy
dated August 1, 1997,attached hereto as Addendum B.
ood,Robusta Poplar,White Poplar,Green Queen
Maple:,or xeldea•)on the berm t
f Road east
to the light rail corri o , orthe 00 feet paralleling the
corridor. In addition to 3 foot high bushes are to be
installed in betty planted trees. Sai of trees and bushes is
to year 2000 as weather conditions perms onsistent
d
2. Crushing operations shall comply with the:following requirements:
a. No crushing shall take place during June,July and August,
b. No crushing shall take place on Saturdays during May and September;
C. D the remainder of an year
_ � y y crushing is-allowed-onlyfrom-7:00 a.m.-_
to 7:00 p.m.-Monday through Saturday.
3: Asphalt plant operations shall comply with the folio requirements:
�Y ���
a. The asphalt plant may operate year round from 7:00 a.m.to 7:00 pm.,
Monday through Saturday,provided,howevef,_asphalt plant operations
shall be allowed during May through September from 7:00 a.m.to 9.00
p m.tent(10)days per year and from 7:00 am.to 8:00 pmL forty-five(45)
days per year only upon prior written or facsimile notice from MWA to the
City.
K-VWministtatian%Agenda bepa ti-N ity Cmwil Agenda Packet 1WnWV0W,4-18.ftftineeinswidwest Asphalt permit& -
AddendurnAw
4. Noise regulations:
a. MWA shall conduct all operations so as to comply with City Code in effect
as of September 6,1995,as well as Minnesota Pollution Control Agency
(WCA)noise regulations. `
5. Rural Property:
a Activities not permitted under the City's zoning code shall not be
conducted on the Rural Property. This provision shall not prohibit the
MWA from utilizing the inside face of the berm as a stockpile for activities
on Tract E,RLS 1280.
6. Enforcement:
a If City staffbelieves that a violation is occurring,it shall notify MWA in
writing. MWA shall be given sewn(7�business days-from receipt of the
notice to respond,dispute,or cure the alleged violation. If City staff
remains of the opinion that a violation has occurred it may then refer the
matter to the City Clerk to initiate the enforcement process set forth below.
Failure to comply with any of the requirements ofparagraph 1(b)-(h)shall
not be considered violationsif the same are cured within twenty(20)days
of such notice or such longer period of time as maybe required because of
weather and seasonal conditions,in which case the item must be cured
wiping twenty(20)days of such notice or such longer period of time as
may reasonably be required to cure the failure to comply. Each day that a
violation occurs or continues to occur shall constitute a separate violation.
b: Notice of a hearing for revocation of this permit shall be given by the City
Clerk in writing,setting forth specifically the grounds of complaint and the
time and place of hearing. Such notice shall be sent by certified mail to
MWA and the hearing must be at least twenty(20)days after receipt.of the
notice by MWA.
C. .Even if the violations have been cured prior to the Council hearing,upon
the fourth violation of paragraph 4 and the third violation of all other
Provisions of this permit occurring within a twelve month period,the
Council may take such action as it deems appropriate,including actions
referred to in paragraph 6(e).
d. A hearing on revocation of this permit on account of four(4)violations of
Paragraph 4 within a twelve month period shall be conducted by a.hearing
ogcer_flom-the-State-Administrative-Hearings-Office,unless,otherwise
mutually agreed to by legal counsel for the parties. The City and MWA
shall be entitled to appear at the hearing and present facts and reasons why
the permit should or should not be revoked or whether some other Femedy
is appropriate. The hearing officer shall submit recommendation(i)in
writing to the City Council(with a copy to MWA),supported by legally
sufficient facts and reasons. The City and MWA shall share equally the
costs of the hearing officer's service.
r_\&dminiatrat=ftaxla P-pamfion%aty Coonci!Agenda Placket hawVOODWI$-W0 gineedngwfidwest Asphalt Permit&
Addendmndoc
C. If the Council determines based on legally sufficient reasons with a proper
factual basis that the requisite number of violations established in
paragraph 6(c)have occurred,the Council may:
1. specifically enforce this permit;or
2. Collect on any bond or other security applicable to the Properly to
the extent necessary to correct the violation;or
3. Enjoin further operations on the Rural Property that violate this
permit or the City Code,or _
4. Revoke this permit.
£ MWA retains its right to appeal the decision of the Council to District
Court. In such proceedings the losing Party shall pay the prevailing parry's
costs and attorneys'fees.
g. If the permit is revoked or voluntarily relinquished,MWA shall
_ nevertheless remain bound by the provisions of paragraph 1 for the
remainder of the term set forth in paragraph 7(a);provided,however,that
MWA shall no longer be allowed to utilize the berm constructed pursuant
to paragraph 1(a)as a stockpile for the remainder of said term;provided
further,however,that MWA's nonconforming use rights as ofSeptember •
6,1995 as to Tract E,RLS 1280 shall be unaffected by.the revocation or
voluntary relinquishment.
7. Renewal,Nonrenewal,and Voluntary Relinquishment:
a. This permit shall remain in full force and effect until March 1,2002. `
Any application forrenewal shall be made no earlier than six months and
no later than three months prior to its expiration.
b. The City Council's determination on non-renewal shall be reasonable and
based on legally sufficient reasons with a proper factual basis. Such
factual basis shall be set forth in findings of fact adopted by the Council.
The absence of-violations shall constitute prima facie basis for renewal.
C. MWA may voluntarily relinquish its rights and responsibilitiesunderthis
permit at any time by written notice to the City Manager,provided,
however,a voluntary relinquishment shall not alter the terms of
paragraph 6(g)•
A In the event that MWA voluntarily relinquishes this permit,does not
apply for a renewal or the City determines not to renew the permit,the
parties shalt return to the status quo ante;that is both the City and MWA
shall be returned to their legal position which existed prior to the issuance
of-this permit.—
KA-&dminiW&fion%4coda Prepuatio aIty Council Agenda Packet ltems120WW-18-001Engkmdng\Midwrst Asphalt Permit&
AddendnmAoc
v
MEMORANDUM
To: Neighbors of Midwest Asphalt
From: Eugene A.Dietz,Director of Public Works i
Date: March 14,2006
Re: Bi-Annual Permit Renewal for Midwest Asphalt
During the Public Hearing process for the L.G. Everist proposal in 2005, the City Council
and staff committed to expand the notice area and to advise a larger neighborhood of
activities relating to businesses on Industrial Drive—most notably Midwest Asphalt.
I am writing to advise you that Midwest Asphalt has applied for a bi-annual renewal of a
land alteration permit that was first issued in 1996. This notification is being sent to 66
properties within 2,000 ft. of the parcel in question.
In 1996, in order to avoid legal actions, the City of Eden Prairie and Midwest Asphalt
agreed to special conditions to a land alteration permit for the site doing business as
Midwest Asphalt Corporation. Among other things,the permit addresses:
• Site clean up, berms, fencing and landscaping
• Hours of crushing operation
• Asphalt plant hours of operation
• Noise regulations
• Restoration and erosion control
• Violation enforcement provisions
• Renewal of requirements
The language of the permit says in part:
"The City Council's determination on renewal shall be reasonable and based on
legally sufficient reasons with a proper factual basis. Such factual basis shall be set
forth in findings of fact adopted by the Council The absence of violations shall
constitute Prima facie basis for renewab"(emphasis added)
Although we received a few complaints during the past two years, upon investigation
there were no substantiated violations of this permit as of March 1, 2006.
Why Are We Sending You This Information?
Two reasons. First of all, we want to honor our commitment to keep you informed of
activities on the site. And secondly, to solicit any comments or input that you have
regarding the operations. We know from previous discussions that the backup alarms and
tailgate banging can be a nuisance, but they do not violate the noise standards that are
applicable in this permit. However, there may be information that you have that we
should know about prior to the issuance of this permit. Therefore, please address any
written comments you may have regarding the operation of the Midwest Asphalt site to
me by March 31, 2006:
Eugene A.Dietz
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
or
dietz&edenprairie.org
If we receive either unexpected or significant information as a result of this request, we
will so advise the City Council and consider the possibility of a public hearing for the
permit renewal process. I know that for some of you in the neighborhood,the operations
of Midwest Asphalt come with a certain amount of emotion. But, I would ask you to
take note of the quoted paragraph from the permit and remind you that we do value your
input, but there are specific limitations on the expectations you may have to change the
operations that presently exist.
EUD/slg
CITY COUNCIL AGENDA DATE:
SECTION: Director of Public Works April 18, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5664 ITEM NO.:
Mary Krause Award Contract for Storm Sewer
Public Works/Engineering Improvements at Croixwood Lane
Requested Action
Move to: Award contract for Storm Sewer Improvements at Croixwood Lane to G.F. Jedlicki,
Inc., in the amount of$24,417.00.
Synopsis
Quotes were received Monday, April 17, 2006 for the Storm Sewer Improvements at Croixwood
Lane. Three quotes were received as follows:
G.F. Jedlicki, Inc. $24,417.00
Parrot Contracting, Inc. $28,941.00
Machtemes Construction, Inc. $75,430.00
Background Information
This storm water pond is located east of Dell Road within the Jamestown development and
adjacent to Croixwood Lane and Cimarron Lane. The pond was constructed in 1991 as part of a
drainage and storm sewer system for a large drainage area that extends west into Chanhassen that
eventually discharges through a series of ponds and piping to Mitchell Lake. The existing pond
outlet structure regulates the water level by use of a grated structure at the established pond water
level. City crews have found that the outlet structure has required a high level of maintenance
that includes the removal of floating vegetation on an ongoing basis. Based on input from our
Utility Division as well as discussions with adjacent residents to the pond, floating vegetation
within the pond has been an ongoing maintenance problem at the storm sewer outlet structure.
The proposed project includes a new outlet structure that will use a submerged pipe extended
into the pond rather than the existing grate structure at the ponds edge. This will reduce the
possibility of the outlet pipe being obstructed with vegetation and debris by eliminating the grate
structure. The new outlet structure is proposed to be in place by May 19tn
The project will be financed through the Storm Water Utility Fund.
Staff recommends award to G.F. Jedlicki, Inc. in the amount of$24,417.00.
Attachment
Letter of Recommendation of Award from HTPO.
1WWI
Z� Engi ring yin
g
;1 L cape Archi ture
April 17,2006
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Attn: Mary Krause
Re: Storm Sewer Improvements
at Croixwood Lane
I.C.06-5664
Dear Ms.Krause:
Quotes were received and opened at 12:00 p.m.on Monday,April
17,2006,for the above referenced project.The bids are shown on
the attached Summary of Quotes.
We recommend that G.F.Jedlicki Inc be awarded this project
based on their quote.
Respectfully,
HANSEN THORP PELLINEN OLSON, INC.
Ted Anderson
Construction Manager_
7510 Market Place Drive
Eden Prairie,MN 55344
952-829-0700
952-829-7806fax
HANSEN •RP PELLINEN OLSON,