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Home My WebLink AboutCity Council - 02/06/2007 AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY,FEBRUARY 6, 2007 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CAMP EDEN WOOD Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT Camp Eden Wood Presentation 1. Description of Camp Eden Wood • Short history of the site • How the City acquired the site • County covenants • City's lease with Friendship Ventures • Grants status • Letter of agreement signed by Friendship Ventures in 1998 2. Description of Friendship Ventures • Who is Friendship Ventures? • What do they do? • What do they want to do? • How does the National Historic Register listing impede them? 3. National Historic Register Status • What is the National Historic Register? • What discretion does the City have in relation to the historic designation? 4. Report by the City on the status of the Site • Building permits; current projects; site grading;other improvements undertaken without permits,plans or authorization 5. Options • Role of other City Commissions • Lease extension with new language • Status quo • Release from historic designation • Hold Friendship Ventures to terms of lease ✓ Mediate the lease ✓ Claim for damages done • Terminate the lease • Work together on future improvements -.• ,- 7,-1.--...;;:.:.-,2, • ..c.r. . „., ...., . • ■ sV r '1 ' ,-ems ' -6‘ ''1.''...1--i'5%. ', .•t: ,,A.'-4..•V*0'. '''; l'. • ''.' -r `. PRR �Ctt �i s' ..".6'2.tr. - .. BF I it, LI'1 • .r.E.:*4• ..,.._ , . K--y'.+ 5�` 1 ▪"s -�: y ` • / ,r -•t r r'< +il''- € lid'. 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IFre +� ''f "�" � '3 ++� .ma�cre.:„..,...i __7 } .. • fy7 r • • r7' CC CC - - ��t�i!{� � �` „*-' .^; - - - "}' -. .� r r`. .'t .S ols r ,�1 r '_rgr i- 4 - • • AIGVALic VALIC Financial Advisors,Inc. 7650 Edinborough Way Suite 320 January 30, 2007 Edina,MN 55435 952.838.7800 phone Scott Neal, City Administrator 952.838.3898 fax 8080 Mitchell Road Eden Prairie, MN. 55344 Dear Scott : I am writing to express my concern regarding costs incurred by Friendship Ventures to bring buildings, at the Camp Edenwood location, up to code as well as meeting "historic preservation" requirements imposed with that designation. In 1985, our family moved to Eden Prairie. A few years later, our daughter Sandy volunteered at what is now Camp Edenwood. We drove her to the camp and never visited the staff or toured the buildings on the site. My guess is that less than one percent of Eden Prairie residents have been or seen the buildings at this location. Personally, I have worked in the field of developmentally disabilities for 28 years, eleven of them as CEO of Opportunity Partners. As individuals with disabilities have moved from institutional settings to the community, services are provided by community based organizations to fully integrate them into the community. That includes education, job training, housing, transportation and recreational opportunities. Needless to say, Camp Edenwood is providing camping, respite care, and recreational opportunities. These services are not mandated by lawmakers, like many of their other services for persons with disabilities, so resources for persons served at Edenwood are generated by individuals and community groups. Services are needed and resources are scarce. Being a member of the Eden Prairie Lions Club, the past three years, has brought me back to the site of Camp Edenwood. With the current project of Friendship Ventures to bring the buildings up to program and safety requirements has been within their priorities. Historic preservation requirements are costly and does not add to the quality of programming for the disabled. Wasted money on buildings that does not improve the program or services should be avoided at all costs. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Edenwood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. ?Sioerely, rry H. Biese Senior Financial Advisor Securities and investment advisory services offered through V,.\LIC Financial Advisors,inc.,Member NASDISIPC Member of American International Group.lee. Friends of Birch Island Woods Eden Prairie/Minnetonka 15021 Summerhll Drive,Eden Prairie,MN 55346 February 2,2007 952-949-8980 www.fbiw.org BOARD OF DIRECTORS Mayor Phil Young, Jnt City Council Members Sherry Butcher, gerf Person V-PPresresident Person—V-President Brad Aho, Kathy Nelson, John Duckstad, Cheral Tsuchiya—Treasurer City Manager Scott Neal, Vick Miller—Secretary Parks Director Bob Lambert Leslie Cameron City of Eden Prairie Marcus Johnson Geri Napuck 8080 Mitchell Road, Allen Brookins Brown, Eden Prairie, MN 55344 ex officio Re: Glen Lake Children's Camp Dear Mayor Young, Council Members, Mr.Neal and Mr. Lambert: Friends of Birch Island Woods (FBIW)will observe with great interest the February 6th City Council workshop that will consider a request to Mayor Phil Young from Friendship Ventures of Annandale. As you know, the agency wants the City of Eden Prairie to consider altering its position regarding the status of the Glen Lake Children's Camp on the National Register of Historic Places. Since this request directly impacts city-owned parkland, Friends of Birch Island Woods would oppose any action by the City in response to this request until the facts and circumstances are presented to the Parks Commission for a recommendation and residents are afforded a full and fair opportunity to publicly comment on the request. Friends of Birch Island Woods does not view its request as a preference between disabled children and historic buildings. Many significant issues are at stake in considering this request beyond the camp's designation on the National Register of Historic Places such as undoing several years of council precedent, explaining a deviation from conditions deeding the property to the City and retreating from historical protection of the camp. FBIW urges the City of Eden Prairie to determine the causes of the damage to the dormitory and to the grounds of the Glen Lake Children's Camp that occurred during renovation work on the camp in 2006 and to implement remedies. In addition, FBIW requests the City to review its landlord/tenant relationship with Friendship Ventures (tenant of Eden Wood and the camp) including: (a) The use agreement for Eden Wood; (b) The procedures and protocol for management, alteration or construction of trails, campsites, lakeshore, picnic areas, signage,buildings etc. and natural features on the Eden Wood campus that are performed by commercial or government contractors and volunteer groups; and (c) The implementation of a formal protocol to guide the City and Eden Wood tenants regarding any use issues that may arise. (Page 1 of 2) FBIW to City of EP Friends of Birch Island Woods 2/2/07, Page 2 of 2 Eden Prairie/Minnetonka There are several powerful reasons to support our requests. Glen Lake Children's Camp is emblematic of an important, historic phase of the nation's and Hennepin County's health and medical care programs. The Glen Lake Tuberculosis Sanitarium, of which the camp was a part, was one of the most highly respected centers of its kind in the world. For nearly eighty years the complex was a city unto itself with its own post office, theater, bowling lanes, stores and parklands. (NOTE: The land that is now protected within the City's Birch Island Woods Conservation Area was originally acquired in the 1900's by Hennepin County to be part of the Sanitarium complex). Scores of tuberculosis camps were built around the country during the First half of the 20th Century. Only the one in Eden Prairie and another in New England remain standing. The Camp's listing on the National Register of Historic Places is one of the most significant badges of our City's sterling profile and character on the regional and national stages. As the only remaining facility of the Glen Lake Sanitarium/Oak Terrace Nursing Home complex, the Children's Camp holds deep and meaningful memories for hundreds of Eden Prairie, Minnetonka and Hopkins residents whose mothers, fathers or grandparents were patients or worked at Glen Lake. Other local families have parents or grandparents who had farms that supplied The Sanitarium with fresh vegetables, raspberries, sweet corn, apples, beef, poultry, pork and dairy products. Eden Wood is both a venue for the specialized care required by its disabled campers (as currently provided by Friendship Ventures) and a remarkable City park system resource. Friends of Birch Island Woods, the Eden Prairie Lions and other organizations hold meetings, retreats and conferences or participate in outdoors team building programs at Eden Wood. The Lions, the Eden Prairie Foundation, FBIW, church and scouting groups also invest sweat equity and/or make donations or grants to help assure the ongoing vitality of Eden Wood. FBIW applauds and promotes via its tours, events and website, the human service, historic, environmental and community features of Eden Wood that are ultimately the charge of the City of Eden Prairie. The City must proceed with the utmost diligence and deliberation. Most sincerely, Jeff Strate President, FBIW From: Sue Bohlmann [mailto:suebohlmann@mn.rr.com] Sent: Wednesday, January 31, 2007 11:04 PM To: Brad Aho; Jon Duckstad; Sherry Butcher; Kathy Nelson; Philip Young; Scott Neal Subject: Eden Wood Center Esteemed Council Members, We live in Minnetonka, Hennepin County and have a daughter, Bethany, that began her summer camping experiences at Eden Wood Center. We need your help to resolve the issue surrounding the designation of the camp as a National Historical Registrant. Although very worthy of such a distinction, it would negatively impact the services provided to our challenged children. This is simply a matter of common sense and integrity. The city needs to fulfill its obligation to Eden Wood Center. Many, many children and families are counting on your support. Our Bethany is now 28 years old and LOVES being a part of the camping experience. Eden Wood has been serving our community for years and is a valued resource to people of all ages with disabilities. So, on behalf of Friendship Ventures, we ask you to reconsider the Historical designation of the property we know and love as Eden Wood. Thank you for your attention to this very important matter. Sue and Peter Bohlmann From: Carlson, Pam [mailto:pamcarlson©arcgreatertwincities.org] Sent: Thursday, February 01, 2007 2:15 PM To: Scott Neal Subject: Eden Wood Center February 1, 2007 Dear Mr. Neal: I encourage you and the Eden Prairie City Council to approve Friendship Ventures' request to reconsider the current historic designation of Eden Wood Center. This is necessary to allow Friendship Ventures to make needed health, safety and accessibility improvements. For 37 years, from 1958 to 1995, Arc offered recreation and camping programs at Eden Wood for children and adults with disabilities. Eden Wood provided many families needed respite from the high demands of caring for children with disabilities. In 1994, Arc made a strategic decision to focus its services on advocacy and looked for a reputable non-profit organization to pick up services at Eden Wood, consistent with the stipulation made by Hennepin County when it gave the property to the City of Eden Prairie that the grounds be used as "a resident, day or outpost camping-recreation program for mentally retarded and developmentally delayed children and adults and other disadvantaged residents of Hennepin County. " Friendship Ventures was selected because they provide these services and are well respected by families and caregivers. Friendship Ventures offers programs that are unique, accessible and high quality. I say this not only as CEO of Arc Greater Twin Cities,but also as a sibling. My brother, Mike, has participated in Friendship Ventures programs in the past. I urge you to reconsider the current historic designation of Eden Wood Center. The designation prevents necessary site improvements to ensure health, safety and accessibility for individuals with disabilities, their families and volunteers. Sincerely, Kim Keprios From: Tom Dolan [mailto:torn.dolan.gl4t@statefarm.com] Sent: Friday, January 26, 2007 10:30 AM To: Brad Aho; Jon Duckstad; Sherry Butcher; Kathy Nelson; Philip Young; Scott Neal Subject: Eden Wood Center Dear Eden Prairie City Council Members and Scott Neal, I need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and surrounding communities. My wife, Brenda and I have been donors and volunteers with Friendship Ventures/Eden Wood Center for the past 2 1/2 years. This is an organization we became familiar with through friends of ours who host an annual golf tournament to raise funds to help sponsor families who are in need of financial assistance to attend these facilities. Through our involvement we've seen the many thousands of families who's lives have been changed for the better with the opportunity to have their child attend camp at either Camp friendship in Annandale or Eden Wood Center right here in Eden Prairie. The experiences we've seen first hand along with many of the successful stories we've heard always re-inforce our commitment to these programs. The staff members and volunteers are unbelievable with the campers and the time spent at either facility is life changing not only for the campers but their entire families. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Thank you for your help. Sincerely, Tom Dolan, Business Owner and Resident of Eden Prairie State Farm Insurance 6407 City West Parkway Suite C5 Eden Prairie, MN 55344 Ph#952-942-9110 Fax#952-942-8788 • 2/(24-1 ad--7)-4e-i'LL,ILa-(71-6/ .1454-6-;0-1 2;4> .— AV.? tjle X7-e-77-z-e-t ;7-e-cd &LL/22,y ite_t_Teti (et ;du) •?--.Z7;-&;',— • 7.5 • .••• )0Z-C) .42:2-C: C24"1.111--/ 0--/V e--4-1-2:Z11-4d 217--/L, 11 Dear Ladies and Gentlemen, Please take a moment to read about an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and surrounding communities. As member of the Osseo/Maple Grove Knights of Columbus Council, I and other council members have volunteered to paint and roof buildings at the Eden Wood Center. We have also solicited funds from the Osseo Lions and Maple Grove Lions clubs to help pay for the costs of the materials and our council provides the labor. One of the main projects of the Minnesota Knights of Columbus is to raise funds to provide children and adults with mentally handicapping disabilities an environment where they can have the same enjoyment opportunities that your children have experienced. As a resident of Hennepin County, a committed volunteer and donor to Friendship Ventures, I ask that you approve Friendship Ventures' request to reconsider the historic designation of the Eden Wood Center property so it can improve the health, safety and accessibility of the facility for its participants, families and volunteers as originally intended. Thank you for your consideration of my request. Respectfully, Russel L. Funk Osseo/Maple Grove Knights of Columbus 9792 Urbandale Lane N. Maple Grove, MN 55311 11 January 29, 2007 Scott Neal, City Administrator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Scott Neal; I need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and surrounding communities. Friendship Ventures in Eden Prairie has allowed my sister the opportunity to experience a better quality of life than I can offer her on my own. It allows my sister Trudy see and do things the we all really take for granted, and at a pace that is better for her. Therefore,her overall experience is much more fulfilling. She comes back from each and every trip excited and ready to see more of what wonderful offerings are out there. Again, all the things that we take for granted! She feels like she is a normal person,with normal restrictions and is treated like everyone when she makes the trips with Friendship Ventures. That is wonderful for her and it makes me happy to see her so happy. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants,families and volunteers. Sincerely, Cindy Gibbs Sister of Participant--Trudy Zachman Cc Georgann Rumsey, President and CEO, Friendship Ventures Mikkal H. Gust 7280 Prairie View Drive Eden Prairie, MN 55346 (952)937-2625 February 1, 2007 Eden Prairie City Council Members Dear Eden Prairie City Council Members, I am writing to ask for your approval of a request by Friendship Ventures to reconsider the historic designation of the Eden Wood Center property. This project has received broad based support from a number of individuals and community groups, which includes the Eden Prairie Lions.As a member of the Lions Club since 1969, and a citizen of Eden Prairie since 1959, I am proud of the contributions and services provided by our members that have improved our community. The Lions have supported this camp since 1977, and the number one reason is to improve the quality of life for children and adults with disabilities and their families. When the Eden Prairie Lions and Lioness began sponsoring the camp in the late 70's, it was not only with monetary contributions,but also with manual labor. Countless hours were given by members of the Eden Prairie Lions, Lioness and even members of surrounding local clubs,to repair,remodel or make areas accessible. All to benefit the less fortunate. Money has been used to provide new paved walking trails,update an old kitchen and$50,000 was contributed for the newer Eden Wood Center. The Lions Club International Foundation even matched that contribution with a$75,000 grant.Additional contributions by the club/s have been a new Mini-bus, and another$50,000 towards the renovation of Eden Wood Center's Dorm and Original Dining hall,the project in question.. This is just a part of what the Eden Prairie Lions' and Lioness' involvement has been since back in 1977. Total dollars contributed by these clubs is well in excess of$200,000. A simply incredible amount. As a city,we greatly benefit from having this property. Whether it be for the open space that it conserves, the history the site provides, or the"feel good"knowledge that we, as a community, can help provide a facility of this nature. I encourage you to do everything possible to make Camp Eden Wood a SAFE and ACCESSIBLE year-round facility for the children and adults who benefit greatly from this wonderful program. After all,the beneficiaries of this camp are your family,they are your friends and they are your neighbors. Sincerely, Mikkal H. Gust 7280 Prairie View Drive Eden Prairie,MN 55346-3105 (952)937-2625 E-mail:MGLionl@AOL.com From: Richard Gyllstrom [mailto:rgyll@prtel.com] Sent: Wednesday, January 24, 2007 4:53 PM To: Scott Neal Subject: Eden Wood Center Dear Mr. Neal, I need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and surrounding communities. I am a former member of the Board of Directors of Friendship Ventures and of the Friendship Foundation. Friendship Ventures is an extraordinary place and does wonderful things for a wide range of clients. For that reason, my wife and I have donated money to create a scholarship for campers. I have always been impressed with the staff and volunteers who have worked hard to make Friendship Ventures and Eden Wood Center so successful. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Sincerely, Richard G. Gyllstrom (Retired) From: Monica Hammersten [mailto:MonicaH@mtolivet.org] Sent: Wednesday, January 31, 2007 8:38 PM To: Scott Neal Subject: Eden Wood Property Hello! My name is Monica McGraw Hammersten and I am the mom of three wonderful sons. Two of them (Ben and Eli) are "typical"boys, and one of them(Jack) is not. Jack has severe autism. He is 15 years old, but functions at a 2 1/2 year level. He is mostly non-verbal, and wears diapers. he is a beautiful, loving, child who we adore. He is also very difficult to care for. I remember the exact moment when I was told of Friendship Ventures. I thought that the woman was misunderstanding me. Did she think I said he was artistic ®? I simply could not believe that they would allow my son to come to camp! You see, for moms of typical kids, you receive more brochures for camp options than you could ever possibly even sort through. The options are endless and they all sound like a blast! For Jack, we only receive ONE. It has saved our family! I mean that...it has literally saved our family. Jack gets to go and have a great time horseback riding, going to museums, swimming, going to parades, picnics, cookie making, playing outside, and just basically being a kid! He can't wait to get there, and they welcome him with open arms. Ben and Eli get to be a"normal" family for the weekend. They get to be typical kids, and not the kids with the "different"brother. We can do things that we can't do when Jack is with us, like relax, and sleep. Friendship Ventures at the Eden Wood property has brought sanity to our lives. Not too long ago, the only option for families like ours was to put our children in institutions. This property has allowed us to keep my son Jack at home with his family. It provides us with enough respite that we can carry on with the difficult task of living with autism. PLEASE. Consider allowing Friendship Ventures to make the much needed repairs and upgrades to this property. When making your decision,please consider the people—the families like mine who are most affected by your decision. It is not a matter of simply finding another camp to go to, because for these children, there is no other camp. THANK YOU!!! This means so much more than you could ever possibly imagine. We know that a people are measured by how they care for the least of these, and these kids and families truly need your help. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Sincerely, Monica Hammersten Intern Pastor Mount Olivet Lutheran Church 5025 Knox Avenue South Mpls, MN 55419-4340 612.926.7651 From: Hammersten, Thomas Mark [mailto:THammersten@hcclife.com] Sent: Thursday, February 01, 2007 11:28 AM To: Brad Aho; Jon Duckstad; Sherry Butcher; Kathy Nelson; Philip Young; Scott Neal Cc: Monica Hammersten; fv@friendshipventures.org Subject: Friendship Ventures/Eden Wood Center Property I need your help in resolving an Eden Prairie city issue that could significantly impact the quality of life for thousands of citizens in Hennepin County. Our oldest (15-yr-old) son Jack has autism. He is a wonderful child, but as you might expect, poses our family with certain challenges. There are innumerable activities that families of typical children take for granted that we are completely unable to participate in because of Jack's unique idiosyncrasies (i.e. , attend a sporting event, fireworks, etc. .) . Friendship Ventures and the facility at Eden Wood has allowed Jack access to activities that are more appropriate for him. Jack's over nights at Eden Wood not only allow Jack the opportunity for a "camping" experience, it also allows my wife and I the chance to do more things with Jack's two brothers that a typical family might do. I don't recall exactly when Jack first attended camp at Eden Wood, but Jack has been a camper at the Eden Wood Center for at least five years and he completely loves it. Although his is primarily non-verbal, it is obvious to us that he is ALWAYS excited to go to camp at Eden Wood. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Thomas Mark Hammersten Senior Underwriter HCC Life Insurance Company A subsidiary of HCC Insurance Holdings, Inc. From: Gabbi and Barb Harnett [mailto:Gabbi_BarbHarnett@msn.com] Sent: Wednesday, January 31, 2007 9:14 PM To: Scott Neal Subject: Friendship Ventures/Eden Wood Center January 31, 2007 Dear Mr. Scott Neal, I need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and surrounding areas. For almost 20 years my family has been involved in some way or another with Friendship Ventures. We have all participated as campers, volunteers, donors, fundraisers, and most importantly their programs have been of great benefit to our family. My wife and I have four children, three of these have special needs. They have been attended respite camp at Eden Wood Center since it became affiliated with Friendship Ventures. Our kids have grown through this experience by making new friends, broadening their horizons, going on a mini vacation, (without their parents) learning independence, etc,. Our kids social life is somewhat limited compared to "normal kids", and camp at Eden Wood is invaluable to them. My wife our other daughter and I have also benefited by having time together, to relax and re-energize. Life with three children with special needs can get pretty hectic and sometimes intense. Camp is a win for everyone. On behalf of Friendship Ventures, We are asking you to approve their request to reconsider the historic designation of the Eden Wood Center so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Sincerely, Gabbi Harnett Barb Harnett Carey Harnett Joey Harnett Molly Harnett Neal Harnett Eden Prairie Mtarle.aiYoa4 Eden Prairie Mayor Phil Young January 23, 2007 City Council members Sherry Butcher, Brad Aho, Kathy Nelson, Jon Duckstad City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor and City Council, The City Council requested background information and input at the January 16th, 2007 meeting regarding the Glen Lake Children's Camp. Two of the buildings of the original camp and their grounds are listed on the National Register of Historic Places. The historic site is part of the Eden Wood Center that is leased by Friendship Ventures from the City of Eden Prairie, which owns the property and buildings. It is our position that the National Historic Designation of one of the last two remaining tuberculosis camps in the United States be protected. The Eden Prairie Historical Society is concerned about the legal contractual agreement that the City of Eden Prairie has with the Minnesota Historical Society regarding compliance with federal Secretary of the Interior Standards. The Eden Prairie Historical Society is also aware that Friendship Ventures did not obtain legally required permits from the City of Eden Prairie in advance of work assigned in 2006 to building renovation and landscape contractors to perform projects within the special district created for the Glen Lake Children's Camp buildings. These unauthorized acts may also have violated the terms of the lease agreement between the City of Eden Prairie and Friendship Ventures. The Eden Prairie Historical Society requests that the City of Eden Prairie immediately investigate the actions of Friendship Ventures in order to discourage any further legal infractions on City owned property. A Respectfully, Eden Prairie Historical Society Board of Directors Jan FIe iiig Mosman, Vice President CC: Eden Prairie City Manager Scott Neal Eden Prairie Building Official Kevin Schmieg Eden Prairie Historic Preservation Specialist John Gertz Minnesota State Historical Architect Mark Buechel State Historic Preservation Officer Nina Archabal Deputy State Historic Preservation Officer Britta Bloomberg Preservation Alliance of Minnesota Director Bonnie McDonald Federal Advisory Council for Historic Preservation member Governor Tim Pawlenty January 28, 2007 Phil Young Mayor, City of Eden Prairie 6832 Hallmark Eden Prairie, MN 55346 Dear Mayor Young: Please consider the musings of a volunteer member of the Friendship Venture Board of Directors, related to the historic designation of Eden Wood Center and how that designation has impacted our mission to deliver services to people with disabilities. The Eden Wood property, which was given to the City of Eden Prairie, was given with the proviso that the facility would be used as "a resident, day or outpost camping- recreation program for mentally retarded and developmentally delayed children and adults and other disadvantaged residents of Hennepin County." While history and preservation are important, when they are at cross purposes with people who have disabilities and service to those less fortunate,then those people and that service must trump history. Put yourself in the place of those folks who built the original tuberculosis sanitarium more than 75 years ago...would they be concerned with saving old deteriorated siding on a building, or would they support the delivery of much needed services to a disadvantaged population in a safe, healthy and accessible environment; while maintaining the original look and flavor of the facility? The community has stepped up with countless hours of volunteer labor,thousands and thousands of dollars worth of donated material and equipment and the in-kind donation of architectural service,health and safety consultation and construction management services....now we need your support to reconsider the historic designation of the Eden Wood Center property... Please! Sincerely, Greg Johnson Friendship Ventures Director/Volunteer cc: E. Stracke, Friendship Foundation lam"""Neal, City Administrator/Eden Prairie From: Teri [mailto:terijt@mn.rr.com] Sent: Tuesday, January 30, 2007 2:45 PM To: baha@edenprairie.org; Jon Duckstad; Sherry Butcher; Kathy Nelson; Philip Young; Scott Neal Cc: grumsey@friendshipventures.org Subject: on behalf of Friendship Ventures Dear Eden Prairie City Council, I have toured and support the work done by Friendship Ventures/Eden Wood Center. I was concerned when I toured, at the outdated condition of the facilities, considering the many limitations of the clients that use this camp. I realize now that the facility was restricted due to it's National Historic Registry designation. I urge you to tour the facility if you have not done so already. The need for updating the improvements is quite apparent. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Sincerely, Teri Johnson-Tesch Eden Prairie Resident From: Pkielblock@aol.com [mailto:Pkielblock@aol.com] Sent: Tuesday,January 30, 2007 3:19 PM To: Philip Young; Scott Neal; Brad Aho; Jon Duckstad; Sherry Butcher; Kathy Nelson Cc: grumsey@friendshipventures.org; MGLION1@aol.com; brent@rickenbach.com;jmosman@comcast.net; editor@edenprairienews.com Subject: Friendship Ventures/Eden Wood Center City of Eden Prairie, MN Phil Young, Mayor Scott Neal, City Manager City Council Members: Brad Aho Jon Duckstad Sherry Butcher Kathy Nelson Dear Mayor, City Manager and City Council Members: I have become aware of the issue involving Friendship Ventures/Eden Wood Center,the City of Eden Prairie and the National Historic Registry. I have been a resident of Eden Prairie since 1974 and have lived at my present address since September 1979. For a very long time, I have been aware of this facility whose mission is to serve our mentally retarded and developmentally delayed children and adults and other disadvantaged residents in surrounding communities. While I am not sure of the exact dates, my awareness, appreciation and admiration for this facility and their dedicated staff goes back as far as the 1960's and 1970's. During that period I was an employee of Northwestern Bell Telephone Company. I was active in our Community Service Teams helping organizations in our communities to maintain and improve the lives of our citizens. One of the projects in which I participated involved this very same facility,then called Camp Indian Chief. I will never forget it because the project included about 20 members of our Community Service Team, sent out as volunteers to help spruce up the grounds of the camp. My job was raking the lawn. I will never forget it because I came very close to"heat stroke"that day! I was near collapse and was excused from further"manual labor"! I'm sure that over the years, other Northwestern Bell, U S West,then Qwest Community Service Teams and Telephone Pioneers, along with the Lions and other service organizations, have showed up to voluntarily help maintain and improve this facility for the benefit our less fortunate citizens. My most recent effort to support Friendship Ventures was in 2006. I donated my 1990 Buick LaSabre to them. With the proceeds from the sale of this vehicle and additional funds, they were able to purchase a more suitable vehicle that would best serve the needs of their clients. Now Friendship Ventures wants and needs to improve some buildings--and are not able to do so because of the restrictions of the National Historic designation. That is simply WRONG! While I understand the value of standards that the National Historic Registry wants to maintain, I can't believe that common sense doesn't somehow come into play! How can they justify denying campsite improvements that are essential to the well-being and safety of their clients? It simply makes no sense--and it is wrong! I strongly urge you to take a fresh look at this issue. Consider how your decision will impact the quality of life for hundreds of citizens of Eden Prairie and surrounding communities. Do the right thing for the right reason----the well-being and safety of our less fortunate children and adults-- --as well as their families and volunteers. Regards, Phyllis Kielblock 7262 Vista Court Eden Prairie, MN 55346-3110 Tel - 952-937-2056 E-mail - Pkielblock@aol.com February 1, 2007 Dear Scott Neal, I need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and surrounding communities. I have been a residence of Eden Prairie since 1968. I have supported the Eden Wood Center property financially for 35 years. While in Jaycees, I helped with seasonal clean up and making repairs for summer programs. I also used the facilities for Boy Scout outings. The project is being heavily supported by the Minneapolis Building and Construction Trades Council. They are donating over $500,000 in labor and material for the project. As a member of Pipefitters Local #539 and a citizen of Eden Prairie, I am proud of the contributions and services provided by union members to improve our community. My number one concern is that Friendship Ventures ends up with a building that would best serve the needs of its clients. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Sincerely, Edward King From: Knutson, Linda [mailto:Iknutson©sspps.org] Sent: Thursday, January 25, 2007 4:50 PM To: Scott Neal Subject: Scott Neal, City Administrator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr.Neal: I need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and surrounding communities. I have worked at Eden Wood for the past 15 years or so. During that time thousands of friendships have been formed between participants, their family members, and staff. Support systems,both physical and emotional, have improved the lives of many, as families share their experiences. Participates glow with pride as they show off their specific talents and as they achieve new skills. Everyone is loved and respected at camp making it a safe haven and a nurturing place to be. Exposure to the many differences at camp, whether physical, mental, or cultural encourages an atmosphere of acceptance and learning. It is so wonderful to see, for example, a counselor from Russia interacting with a child who is diagnosed with autism by teaching a special song from their country. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Sincerely, Linda Knutson RN at camp Eden Wood January 29, 2007 Mr Scott Neal City Administrator City of Eden Prairie 8080 Mitchell Road Eden Prairie MN 55344 Dear Mr. Neal, I am writing to ask that you approve Friendship Ventures's request to reconsider the historic designation of the Eden Wood Center property that will allow the improvement of the health, safety and accessibility of the facilities for its participants, families, and volunteers. I have been involved with Friendship Ventures for over 20 years in a variety of volunteer positions. Currently I am chairperson of the Friendship Ventures Endowment and a board member of the Camp. It's been an uphill task to continually upgrade and expand the facilities, equipment, and staff to serve our mission: "To enhance the quality of life for people with disabilities, their families and other care givers by providing services that educate and support individuals in achieving their highest level of self worth, independence and participation in the community." Hundreds of volunteers have helped tens of thousands of clients and families of clients in the fulfillment of our mission. Today we are at a crossroads. If we receive your favorably vote, we can quickly move forward. If not, we encounter a major set back that will cost us in excess of$100,000 annually. We are neither government funded or funded by the United Way so our financial lost is impossible to offset in the short term. Even more critical would be the burden placed on families having to find alternative programs for their children when there are so few options available. In no way do I mean to diminish the need for historic preservation per say. However, I do believe at times, certain accommodations are both justified and necessary. I believe the issue facing Friendship Ventures and Camp Eden Wood is a special circumstance deserving of your consideration to allow the construction to proceed. Thanks you for your consideration. Sincerely, John Kokula 1403 —7th Avenue North Sartell MN 56377 From: Brian Lutz [mailto:blutz40@mn.rr.com] Sent: Sunday, January 28, 2007 4:32 PM To: Brad Aho; Jon Duckstad; Sherry Butcher; Kathy Nelson; Philip Young; Scott Neal Subject: Eden Wood Center Dear Eden Prairie City Council Members and City Administrator, I need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of the Eden Prairie and surrounding commmunities. Our son, Max Lutz, is eleven years old, and he is autistic. We are overjoyed with the positive impact that Friendship Ventures at Eden Wood Center has made for our son. He has many deficeits in communicating with the world around him. When he goes to Eden Wood Center for respite weekend's and summer camp, he is home. He is loved and supported for who he is. He is encouraged to become more independent with daily life and social skills. These experiences have enriched his life and the life of our family. Without Friendship Ventures and Eden Wood Center, I truly believe that Max would lose a key element in his life long struggle to comprehend the world around him. As a family and residents of Hennepin county, on behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property, so that they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. I am asking you to fulfill your obligation that Eden Wood Center property continue to serve people with disabilities. Sincerely, The Family of Max Lutz, Whitney and Brian Lutz Phyllis Mattill To: Eden Prairie City Council From: Phyllis Mattill -17L47z-6e-C Date: 29 January 2007 Re: Glen Lake Children's Camp I was alarmed and distressed to hear that work has taken place and more is proposed that would endanger the status of the Glen Lake Children's Camp on the National Register of Historic Places. This camp is not only a unique spot, but it is part of a larger campus of the Glen Lake Sanatorium, which had a national reputation as one of the finest in the country. I grew up on the grounds of the Glen Lake Sanatorium as my father was a doctor there, and I lived in those surroundings from 1937 until 1958. It was not only an idyllic place to spend one's childhood, but it was also highly regarded as an institution in the forefront of its field. The current cavalier attitude which cares little about preserving the outstanding times and places of our past is very upsetting. The "Glen Lake San" was a wonderful medical facility, ahead of its time. It is too late to preserve that facility. But the Children's Camp, which is a marvelous example of the San's interest in healing and caring for all those affected by tuberculosis, needs to be preserved and treasured. Those pioneers would want it to be used; but that can be accomplished and still preserve the past. I urge you to do everything in your power to keep this historic place safe from damage and destruction. Please include this memo in the packet of information on the Glen Lake Children's Camp given to all before the workshop. 705 Robinwood Lane • Hopkins, MN 55305 • 952-935-4773 February 2, 2007 Dear Mr. Neal, We need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and the surrounding communities. Our nephew, Tim Yaritz, has attended Eden Wood Center for the past eight years. He has participated in both resident and day camp. Tim starts talking about camp right after the holidays. He begins planning what he will pack for camp months ahead of time. Camp has provided Tim with the opportunity to participate in new adventures like sleeping in a tent, boating, outdoor cooking and his favorite activity - swimming. He meets new people, makes friends and gains new skills at camp. Attending camp has contributed to Tim's growing independence. Camp allows Tim to have something of his own - not with the family members. Eden Wood Center is a great place but improvements to the old buildings and the grounds will make it more enjoyable for everyone attending. Improvements will also make it more accessible to those with physical conditions and more comfortable and safer for campers with medical concerns. Resident camp allows provides much needed respite time for many families.We contribute to Friendship Ventures/ Eden Wood Center because we know first hand how important and significant these facilities are to many families - including our own. On behalf of Friendship Ventures, we are asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Sincerely, Rachel McElroy Alan Bell Mayor Phil Young February 1, 2007 City of Eden Prairie 8196 Hogan Way 6832 Hallmark Eden Prairie, MN 55347 Eden Prairie, MN 55346 Dear Mayor Young, I am writing to ask for your approval of a request by Friendship Ventures to reconsider the historic designation of the Eden Wood center property. The dinning hail project a number of years ago received support from local, regional and national Lions Clubs organizations as well as community groups and individuals. The current project has received broad based support from a number of individuals and community groups, including the Eden Prairie Lions Club. As a member of the Lions Club and as a citizen of Eden Prairie, I am proud of the contributions and services provided by our members to improve the community. This project will enhance the ability of Friendship Ventures to provide services and improve the quality of life for children and adults with disabilities and their families. I encourage you to do everything possible to improve the health, safety and accessibility of Eden Wood center for the children who benefit from their programs. Sincerely, .. • 11�. ✓ r _-.. / Luther D. Nelson c Brad Aho, Council Member Jon Duckstad, Council Member Sherry Butcher, Council Member Kathy Nelson, Council member Scott Neal, City Administrator Georgann Rumsey, President and CEO, Friendship Ventures Dear Mr.Neal, We need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and surrounding communities. Our daughter works as a Program Manager at Friendship Ventures. Through her we have become aware of how much Camp Friendship, Eden Wood Center, and Camp New Hope provide such positive experiences for individuals with disabilities. We have walked the camp with our daughter meeting staff and campers; everyone seems so happy and excited to be there. They get to come to a place where they feel accepted, meet new friends and see the old ones, and experience so many new things that the camp is able to provide. Having a place like Eden Wood Center in the Hennepin County community is a sweet treasure; something we should value and support. Wouldn't it be wonderful if Friendship Ventures/Eden Wood Center could service even more people right here in our own community? On behalf of Friendship Ventures, we are asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Sincerely, Richard and Lenore Olson From: Laurie Pennebaker [mailto:Laurie.Pennebaker@hsscmn.org] Sent: Tuesday, January 30, 2007 12:59 PM To: Scott Neal Subject: City Council - Friendship Ventures consideration-Feb.6th Importance: High Dear Scott, As an Eden Prairie resident, Eden Prairie business owner and a member of the Eden Prairie Lioness Club (but most importantly, a supporter of you) I understand that Friendship Ventures has asked for approval to reconsider the historic designation of the Eden Wood Center property which they lease from the city of Eden Prairie. I understand that this property was given to the city to be used as "a resident, day or outpost camping-recreation program for mentally retarded and developmentally delayed children and adults and other disadvantaged residents of Hennepin County." I completely support the city council's approval of this request so that their renovation project can continue. As a member of the Eden Prairie Lioness, I am proud of the contributions and services provided by our members to improve our community. Friendship Ventures offers a wonderful program for children and adults with disabilities at Eden Wood Center. It would be unfortunate if this program was unable to continue. Sincerely, Laurel Pennebaker 952-937-2623 Laurie Pennebaker Hennepin South Services Collaborative 9801 Penn Avenue South, Room 101 Bloomington, MN 55431 Phone: 952-922-5999 x.0 Fax: 952-922-3081 From: pitlicklance@comcast.net [mailto:pitlicklance@comcast.net] Sent: Monday, January 29, 2007 6:00 AM To: Scott Neal Subject: Eden Wood Center Dear Mr.Neal, I need your help in resolving an Eden Prairie issue that could significantly impract the quality of life for thousands of citizens in Hennepin County. My nephew, Zachary Pitlick, was a participant in programs provided by Friendship Ventures. His life was confined to a wheel chair and needed 24 hour care since the day he was born. Friendship Ventures gave the opportunity for Zachary to get out of the house and do things that were different than his daily routine. It also gave his parents some time to let their guard down, go on a date and put some time into their relationship. Zachary has since passed away, but I know that he and his family benefited greatly from the programs Friendship Ventures provided. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center Property so they can improve the health, safety and accessibility of the facility for it participants, families and volunteers. Sincerely, Lance Pitlick From: Powell Portia E [mailto:Portia.E.Powell©irs.gov] Sent: Thursday, February 01, 2007 12:06 PM To: Brad Aho; Jon Duckstad; Sherry Butcher; Kathy Nelson; Philip Young; Scott Neal Subject: Letter to Eden Prairie City Officials (2) February 1, 2007 Dear City of Eden Prairie, I need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and surrounding communities. My name is Portia Powell, my son Grant has been camper at Camp Friendship in years past. As a parent of a disabled child you come to value the things that bring them joy. Camp Friendship and the staff at Friendship Ventures have been a great source of strength, encouragement and inspiration. The time spent at the camp each year is one of the highlights of Grant's life. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facility for its participants, families and volunteers. Sincerely, Portia Powell Parent Cc: Georgann Rumsey, President and CEO, Friendship Ventures From: Christine Ramirez [mailto:yiayia2001@yahoo.com] Sent: Thursday, February 01, 2007 11:21 AM To: Brad Aho; Jon Duckstad; Sherry Butcher; Kathy Nelson; Philip Young; Scott Neal Cc: fv@friendshipventures.org Subject: Friendship Ventures Camp Eden Wood Center Dear City Council Members, I am a resident of Hennepin County and am asking for your help in resolving an Eden Prairie City issue that could significantly impact quality of life for thousands of Hennepin County citizens. My son is a participant at the Eden Wood Friendship Ventures summer Camp, and I am a donor. They have wonderful camping, respite and travel programs year-round and help clients achieve the highest level of independence,self-worth and community participation. Eden Wood is conveniently located for residents of Hennepin County but is in dire need of improvements. The buildings and grounds need to be upgraded. I have never seen a facility of this type in such need of improvements. Please approve Friendship Ventures request to reconsider the historic designation of the Eden Wood property so they can improve the health, safety and accessibility for all participants, families &volunteers. Sincerely, Christine Ramirez Dear Mr. Neal, I would like your assistance in a matter that is close to my heart. My son, Hans Zorn is mentally handicapped and he attended Eden Wood three times when he was a little younger. It was a very positive experience for him and his peers. He enjoyed the music and crafts as well as fishing which is his favorite outdoor activity. He lives at Laura Baker in Northfield, MN and they have a camp experience now near Cross Lake. I live in Eden Prairie and am also waiting patiently for the Community Center to improve the accessibility. It seems lots of older facilities are not adequately equipped. Frankly, I wondered at the time how it could have been designated an historic site because it looked in need of renovation. I could not go into all of the buildings because I am disabled and need a wheelchair or scooter to get around. It seems to me that if this camp is for the disabled it should be more accessible and brought up to code in all respects. In behalf of Friendship Ventures, I am asking you to approve their request to reconsider the designation of the Eden Wood Camp property so they can improve it and make it safer and more accessible for all. Thank you for your consideration, Roberta Rankin 9188 Neill Lake Road Eden Prairie, MN 55347 952 941 6437 10402 Fawns Way Eden Prairie,MN 55347 January 31,2007 Scott Neal,City Administrator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Scott: As a resident of Eden Prairie and mother of a developmentally disabled daughter(now deceased),I am concerned about the future of Eden Wood Center. I understand.that the improvements of the camp as a facility serving people with disabilities has come into conflict with the tenets of the Eden Prairie Historical Society. I am dismayed at the obstacles to making the camp a satisfactory and safe place for these campers. Though my daughter has been dead for twenty-eight years, I have remained a member and very interested person in Arc(formerly called the Association for Retarded Citizens)and Friendship Ventures. These two organizations have been so very helpful in allowing our family to deal effectively with what was a most difficult situation. Our first contact with Eden Wood was in 1959 at the new member picnic of Arc,and we went there for that every summer year after year. Our daughter never attended Eden Wood at either day camp or resident camp,but when Camp Friendship was opened in 1965,we went to family camp that first year and the next three summers. In my Christmas letter to friends in 1965 I wrote, in reference to family camp,"We had more of a true vacation than we've ever had...Laurie reveled in having the full attention of her college counselor,and we were able to relax fully...I felt like Lady Astor to come to the table at the ring of a bell and walk away after meals,leaving the cleanup for someone else." As a family we had been unable to take her and her two sisters to places a normal family goes to because of the difficulties a child such as Laurie presents. Camp Friendship is still dear to the hearts of our entire family after all these years. Friendship Ventures,which operates both Camp Friendship and Eden Wood,provides a wonderful service. Families can have complete confidence that their loved one can be properly cared for. That is a service that other camps cannot provide. There is a need for both Friendship and Eden Wood to operate,as many individuals benefit from attending camp. I am pleased that the Historical Society makes the effort to protect our heritage,but the needs of children and adults with disabilities should take precedence over saving some old buildings if there is a conflict between these two parties. I am asking the City Council to protect the interests of people with disabilities by supporting the FriendshipVentures request. Sincerely yours, ,,,Litii-, --iK2a1/646-e tti..- Joan Rathbun From: Larry D Richels [mailto:larryricl@juno.com] Sent: Saturday, January 27, 2007 6:50 PM To: Brad Aho; Jon Duckstad; Sherry Butcher; Kathy Nelson; Philip Young; Scott Neal Cc: fv@friendshipventures.org Subject: Friendship Ventures/Eden Wood Center Dear Eden Prairie City Officials: We are writing to you as parents of a mentally handicapped daughter. For the first 21 years of Andrea's life she lived in our home. Because she needed constant care our times alone were very limited. There were no grandparents or family in this area to care for her while we received a break from her care. That is where Eden Wood Camp came in. We greatly appreciated the opportunity that Eden Wood gave Andrea to enjoy weekend retreats with new friends and the wonderful staff. To have a great facility like Eden Wood right here in the west metro is a real blessing for many families like ours. The weekends Andrea spent there were so much fun for her and a tremendous respite for us. We always felt comfortable leaving Andrea in the professional care of Eden Wood staff and the safety of the entire camp. We were very disappointed to learn that because of an ill-timed historic designation of Eden Wood Center the planned renovation project could be adversely affected. On behalf of Friendship Ventures (and thousands of campers like our daughter) , I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property. This would allow them to make the facility even better and more accessible for all its campers, families and volunteers. And to honor the stipulation of Hennepin County that the property continue to be used to serve people with disabilities. Sincerely, Larry & Jan Richels Bloomington TL�'1®�J EDEN PRAIRIE LIONS CLUB ilk P.O. Box 44364 EDEN PRAIRIE, MN 55344-1364 January 29, 2007 Eden Prairie City Council Members Dear Eden Prairie City Council Members, As a resident of Eden Prairie with active interaction with Camp Eden Wood, I am writing to ask for your approval of a request by Friendship Ventures to reconsider the historic designation of the Eden Wood Center property. The renovation project has received broad based support from a number of individuals and community groups, including the Eden Prairie Lions. As a member of the Lions and as a citizen of Eden Prairie, I am proud of the contributions and services provided by our members to improve our community. Our number one reason for supporting this project is to improve the quality of life for children and adults with disabilities and their families. The same year that Camp Eden Wood was constructed, Helen Keller challenged the Lions to be Knights for the Blind and work to make this world a better place for individuals with disabilities. We are fortunate enough to be able to do just that in Eden Prairie through Camp Eden Wood. I have listened to parents talk about their experience with Camp Eden Wood. I remember one mother showing me a photograph of her severely autistic daughter and a companion in front of one of the buildings at the camp. She asked me if I could see anything remarkable in the picture. I studied the picture of the two smiling girls and the building in the background. Everything appeared normal to me. The mother beamed when she pointed out the friend's arm around her daughter. For the love in that hug transcended the autistic child's world. You see this argument really is about Buildings, it is about building relationships, it is about building confidence, it is about building independence and it is about building a parent's energy by giving them a needed break. It is about building a safe, healthy, accessible place for children to build their dreams. I encourage you to do everything possible to improve the building that goes on at Camp Eden Wood. I am sure that a decision can be reached that allows us to build to the future without turning our back on the past; a decision that will continue to improve the health, safety and accessibility of Eden Wood Center for the children who benefit from this wonderful program; a decision that allows all of us to be champions for those less fortunate. Very Sincerely, Brent Rickenbach Brent Rickenbach President Eden Prairie Lions Club - - -- - ; ,: d ' 1 ► Dear Eden Prairie City Officials, I am writing to express my support for Friendship Ventures and Eden Wood Center. I have been a supporter and donor of the organization for many years. My sister, who lives in Eden Prairie, has participated in the Ventures Travel program. Her life has been enriched by her travel experiences, and I am extremely grateful that Friendship Ventures has offered her those opportunities. Please approve Friendship Ventures' request to reconsider the historic designation of Eden Wood Center. It would be a great shame to limit the services that Friendship Ventures can offer to our neighbors with disabilities. I think the history of the site is enchanting; it is exciting to think that such a camp made a difference in the lives of many children during the years that tuberculosis was a community threat. Please don't let the intriguing memories of these buildings come before making a difference now in the lives of thousands of children and adults in our community who need the benefits that this site can offer them. Wouldn't it be a greater tribute to those earlier children to make sure that these buildings can best respond to the needs of today's children with special needs? I am a proud resident of Eden Prairie. This is a wonderful city in which to live. I am consistently impressed by the kindness and generosity of everyone with whom I come in contact-through the schools, churches, in my neighborhood, at any community event. I hope that you will consider the spirit of this community in your decision, and put the safety, security and happiness of some of our most disabled residents first. Sincerely, Mary Beth Schleif 9686 Buckingham Drive Eden Prairie, MN 55347 ka,,,,v' ` 1, ;c`:? 0 f r .) /)(1' 3 It 1).L1 -- a-C-k. -1 - -, ) t, ,--,..L.) Q zi . ) 1.-1A. itIL,,,SL-v,..A,:--•- t' - 9 6(1.QAA ViLeLA....,L_. - -'v J ,�QV�—" vLd'r.)� ii-' `'� �. i ( C Ct��,�LAC- t • clx..k ,-,',, tt,„, (.00 ,:r ,).11 ._t.i_L„f„,_„4,,, i,.,_ ,_, , „A„..o.„ ctu,...t.tk,GA4_,,, i,-vt.A. 7 „Ad,....„.„.. „---,, ,,,,„A..4 ,,, , c",,A ,. ,,.„, ,,.. - L---,-,_._ a. wk._; iti/b 6LYL Cti---1--k-ir-- .-\--A,- 1/.1,'' a-a_ 3: LL)--4, 1- 1,2_2,tx, Id: li,&,, ri n -i-v-L.,0,-11.--vt 611,14 ,0 thl U 3, ' ,IJ2,d) ,_,L.4� - x kUJ1i.lit Lt L Lt- L L k. , 1. C.k...j.,. .1Ya""1,Alit. :11Vtch,L..2_, t'U-C-.-"-4". (i /t'L-'"' Ir2.1..A.-k. it/),1,. ..":).'Cl). l'(.A Ot 1./._.,2_ , \ ..--''C." ‘'''V\ Cp,•A-1 2 j (.,\Al 6'1.4•4•,' Z))e,L• ---L--Nii-y-vn t: _.,v-v-111)L.13-6,._., J�,J 11�'1� Lv� � ii s r.� cc -vL 'tom . _ ��, ,,, ., c.L.,,A —vi_z_s.,4 tc-1 c-C-n-z--ati;--,--vca_, c u-�- �, r� z �—�—� -LAI -1„ fc I LPL n ' Dear Mr. Young 26 Jan. '07 Mayor, Eden Prairie City Council Member 6832 Hallmark Eden Prairie, Mn. 55346 Dear Mr. Young, 1 am writing to you as a business owner in Eden Prairie, the father of a child with significant learning disabilities who has frequented the facilities of Eden Wood Center and Camp Friendship and as a donor to and Board member of Friendship Ventures. My association with the group has spanned a decade during which time I have personally witnessed the tremendous benefit that the staff of the agency has brought to the lives of children such as my son Michael. From the moment that I and other parents have presented our children to the staff, their obvious caring engendered our immediate trust. The care taken with our children's medications, the nurse on premises and the availability of the dietician and other specialized services indicated a competence and assurance that our child would be well cared for...and they were. So much so that my son continued to return to the camps yearly as well as for respite care with the enthusiasm that only loving kindness can produce. Children with disabilities have the sensitivities to perceive the "real thing." Thus, not only did Michael benefit from the sociability that the experiences offered but so too did the rest of the family as my wife and I were then able to direct more of our attention to our other children. The respite services thus had many beneficial effects for our family. Truly, there are far too few agencies such as Friendship Ventures in contrast to the demand. Thus, we must preserve as many of these facilities as possible. Eden Wood Center is one such example but it is also an example of the Catch 22 Syndrome. Although Hennepin County gave the property to Eden Prairie as a site for the continued care of the disabled, the designation of the area as an historic site paradoxically interfered with this primary requirement. How? Because preservation of the old does not always serve the needs of those who require the most modem methods and physical plant needed for optimum care. Having been at meetings at the camp and having spent time there when Michael was a participant in its activities, it was evident that updating was surely needed. Now, through enormous effort, most generous volunteerism and financial assistance we are able to make the necessary improvements that are needed to preserve the experience and the safety of future campers at the facility. Unfortunately, the demands of the historic preservation designation have put our plans on hold which in turn means an inability to provide a continuing camp experience for disabled children. Such a frustrating and unintended result was obtained with the best of intentions! For all the above reasons, I implore you and other Council members to reconsider the historic preservation designation for Eden Wood Center in favor of removing it from the Register so that Friendship Ventures can proceed with the property improvements needed to best serve the needs of the disabled. 1 thank you for your consideration of this most important matter. incer y yours, I � eonard Schultz, M.D. CEO JLJ Medical Devices Intl, LLC 6585 Edenvale Blvd Eden Prairie, Mn. 55346 Ios Van Slam 3527 Jidana Lane Minnetonka, MN 55345 952.938.6088 February 1, 2007 VIA U.S. MAIL Scott Neal City Manager— City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: February 6, 2007 Workshop regarding Glen Lake Children's Camp Dear Mr. Neal: My name is Joe Van Sloun, I am a resident of Minnetonka, Chair of the Minnetonka History Commission and a Board Member of the City of Minnetonka Historical Society. I have been a resident of Minnetonka for almost 40 years after growing up in the community and now after purchasing a home here too. I recently learned of alterations made to the Glen Lake Children's Camp and would like the opportunity to respond in preparation for the upcoming workshop on February 6, 2007. 1 first commend the City of Eden Prairie, the Eden Prairie Heritage Preservation Commission and Friendship Ventures for caring and maintaining the camp and Friends of Birch Island Woods for their attentive concerns for the area's natural resources. Both the Children's Camp and Birch Island Woods are great assets to the city and surrounding communities. It was hard when we lost the Glen Lake Sanatorium in 1993, another great historic site of the area. Both the Glen Lake Sanatorium and Children's Camp are part of both the historical and physical nature of both Minnetonka and Eden Prairie. As I said above, I grew up in this area and I will always remember taking the curve in the road and looking at the architectural beauty and physical presence of the Glen Lake Sanatorium and its surrounding property. In 1993, I took the same curve and saw the destruction of the Sanatorium. I went home got my camera and photographed what was left. I still have those photographs and my memories. With any impending changes to the physical appearance and structure of the Children's Camp or its designation as a National Historical Site I want to reaffirm my earlier thought that both the Glen Lake Sanatorium and Children's Camp are an integral part of both the historical and physical nature that make both Minnetonka and Eden Prairie a special place to live. Built in 1916, the Glen Lake Tuberculosis Sanatorium was one of three leading tuberculosis treatment institutions in the world. The facility was a multi-building complex of 160 acres and at its height over 715 people lived there; it was a community unto its own. The first patient actually arrived on January 4, 1916, on a sleigh during a raging snowstorm. In 1925, the Glen Lake Children's Camp opened south of the Sanatorium overlooking Birch Island Lake. It was built with help from George Christian and the Children's Aid Society. The camp stated purpose was "to provide a summer in the country for infected children to help them prevent their infection from developing into active disease." That first year, 85 children, ages 4 to 14, attended the camp. The camp was closed in 1950 to re-open In 1957 as Camp Indian Chief (operated by Arc of Hennepin County) and to re-open yet again as part of Eden Wood after the City of Eden Prairie took ownership of the old camp and leased it to Friendship Ventures. Even though the impressive facilities of the Glen Lake Sanatorium-Oak Terrace Nursing Home Complex closed in 1991 and were demolished in 1993, they should never be forgotten as part of this Community's and State's proud history and legacy, a legacy which we owe our descendants to pass on to them. Even today, new residents to the area marvel to learn that a huge Sanatorium once stood upon the golf course that resides there now. I ask for your support of the camp's listing on The National Register of Historic Places. The camp is a historical asset and source of pride for Eden Prairie and the western suburbs. I would like to request my letter be included in the packet of information on the Glen Lake Children's Camp that will be distributed to council members and staff prior to the February 6th workshop on the Glen Lake Children's Camp. Thank you for your time, (2,,a-24/2.44_, �� -- Joseph J. 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W�:�: Q3 :r ma's ' U Q,1 L 3' _ • r .w�. -''. - _ .$.'as ..,�;';: r r a' � .t:rl ate. .. . 'r' p -r7i ::.cy�::.�":..: __ .:. .:. _ { ,.!.gy _ C %7 >.»,:.:;.fir.. ;",.:: :. ... .. ^..... _ .. i< r. ^^.. '�-ems urs. ro _ '> �- mn? s wztw_.g$ _ E -�� :.s- �' a $T _ d. .: . . ..> .1_. . ,_ „ »r rr .. • • w ��,:: _ • _ .7 " _ ,' • _ -- — " ' -"L a r�rf;"M';' ,.. 'mat":,,,,,. .„.<;�'"u: e'er ,,....�. .„° setae Neal.;City Administrator rbf Eden Prairie 8 Mitchell Road E rairie; MN 5534A f.`':'' :;: ,`;'::;;. ` .,::;.''- , w e 'yatitThelp in resolving an issue that could significantly impact the quality of life ding.��.:� ens-:efcitizens-of Eden'Prairie,and surroundin communities. or over,20:yeas our sori has attended Friendship Ventures/ de.n Wood Center for both � .;._,:.: :,< s rell as the summer camp programs. This has been one of the highlights of --,'gea 1';:e g° rwaid.to spending:-.- :with other peers as well as a staff that make ::': t t a i i uthimselfe,memories that he has from each stay help him carry on w - 1';" 'ar .' `' The care and concern of the �� _,v�.. v�.�.:�rnu" -""i�� h��a�=a:� �" ��cril�� f ��d to the next time. ar ..-..:..:.; :;:,,.: ;,.:.. >stato off. h itai : acili that meets the needs of our children and the facilityupdating.��i`��in need of some ec� n4�� :-E �i��` ood s f;,: -:.::th.:kehdl :if:lrie €lhip Ventures, we are asking you to approve their request to : :,::.;:`: ,,,,%, ,.:; recons der tl histr ric designation of Eden Wood Center property so they can improve thehealth. fety aid accessibility of the facility for its participants, families and volunteers';''.::.;:. ‹ Gary::&Shirley;:Smith ` -:111:11:::,'''''„'''''::.11'.:.":.:'',;:'-','-':';.'.'":::Parents:oIke::Smith `' ;':::: : :.;. ,; ..:'cc;:Greargani Rumsey,P a e it mill CEO. Friendsh,..: -.::'',-:',,.,,,-'.,,.: ip Ventures :4'K—. ..:a% .e, .fi r . 2w N,;c ^- y.. raw �yt February 1, 2007 Scott Neal City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Neal: I have been a resident of Eden Prairie for the past 30 years and have been active with Camp Eden Wood for several of those years. Additionally, the company work for (Retail Data Systems) is a stones through away from its entrance. As past president of the Eden Prairie Lions I have been instrumental in the financial support of this property long before it was given to the City of Eden Prairie. I am asking that the Eden Prairie City Council reconsider the historical designation of this property. Why was Eden Wood Center allowed to be put on the National Historic Registry in the first place? I do not have a problem with historical preservation. However, this is definitely not the same situation as the Dunn Bros coffee shop at Smith Douglas More House, the Cummins House, or the barn at Riley Lake. Shame on the past council for allowing this to happen. Now it has become a safety issue for the very people that this building was designed to protect. In 1999, the City pursued and received approval to place Eden Wood Center on the National Historic Registry without fully considering how this might impact Friendship Ventures and their clients. Since then, "historic preservation" issues have severely restricted the nature of improvements that can be made to the buildings and grounds. This significantly interferes with Friendship Ventures obligation to properly maintain the property and continue providing unique programming and services to its intended beneficiaries I don't see this as a question of whether or not Friendship Ventures is a good tenant or not. I see this as why was this structure designated for historic preservation in the first place? Didn't Hennepin County enter into an agreement with Friendship Ventures before the property was ever given to the City of Eden Prairie? Wasn't the understanding that the camp be used as a "program for mentally retarded and developmentally delayed children and adults and other disadvantaged residents of Hennepin County?" With this being the stipulation, wouldn't it be in everyone's best interest to make it safe for the people who are intended to use it? That's not the case with the current requirements being placed on the remodeling of this property. I cannot believe how short sited that council was, getting involved with this in the first place and then allowing it to happen. Hopefully this can get rectified soon before someone is seriously injured. We are talking about the safety of people who are extremely vulnerable in the first place versus the protection of old buildings. There have been plenty of other structures in Eden Prairie that would be much better suited to be considered for historic preservation rather than these structures. If the current council wants to protect old buildings go after the one I lived in until this past year. It was built in 1895, which makes it at least 30 years older than Camp Eden Wood, and believe me it's in much better shape. Also it wouldn't have to be used by the people that benefit from the work of Friendship Ventures. Sincerely, - 41 Gary Stevens 15504 Lilac Drive Eden Prairie, MN 55347 From: Jack Stinogel [mailto:stinogel@charter.net] Sent: Thursday, January 25, 2007 8:58 AM To: Scott Neal Cc: grumsey@friendshipventures.org Subject: Eden Wood Center Dear Scott I am writing in regards to the Eden Wood Center property. I am a board member at Friendship Ventures and am a parent of a child that has used their services and facilities. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property. Thank You. Jack Stinogel St. Cloud From: Elaine Taggatz [mailto:elaine.taggatz@oslcs.org] Sent: Monday, January 29, 2007 10:25 AM To: Brad Aho; Jon Duckstad; Sherry Butcher; Kathy Nelson; Philip Young; Scott Neal Subject: Camp Eden Wood Dear Eden Prairie Council and City Administrator, On behalf of my brother who is developmentally disabled, I would like to thank the city of Eden Prairie for providing adaptive recreation programs for the physically and developmentally disabled. My brother has participated in the Eden Wood Day Camp the past few summers and truly has had a wonderful experience, talking about if for weeks afterwards, besides looking forward to the next year. I recently received a letter of concern from Georgann Rumsey, President and CEO of Friendship Ventures, regarding the Eden Wood property. It stated that "historic preservation" issues have severely restricted the nature of improvements that can be made to the buildings and grounds at Camp Eden Wood. On behalf of Friendship Ventures, I am asking you to approve their request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility for its participants, families and volunteers. I hope the city council and staff will keep in mind the needs of all of its citizens, including those of the less fortunate. Thank you again for your time and service to our great community. Sincerely, Elaine Taggatz From: tommy [mailto:tommy@twoputttommy.com] Sent: Wednesday, January 31, 2007 8:49 AM To: Philip Young; Brad Aho; Sherry Butcher; Jon Duckstad; Kathy Nelson; Scott Neal Cc: EStracke@friendshipventures.org; grumsey@friendshipventures.org; John Gertz; Brent@Rickenbach.com Subject: Camp Eden Wood Mr. Mayor, Council Members, and Mr. Neal, My name is Tommy Johnson; I live on Kingston Drive, am a graduate of Eden Prairie High School, and am a member of the Eden Prairie Lions Club. My wife is a Lioness, as is my mother. I am contacting you regarding the Camp Eden Wood issue before you. As I see it, this issue clearly is a classic example of a landlord/tenant situation. There is real property, a lessor(the City), and a lessee (Friendship Ventures) with an agreement between the parties concerning use of the property. A provision(s) of the agreement seems to have been breached. The simple matter before the Council is to bring the parties back into compliance with the agreement. How this is to occur may not be so simple. This is a serious matter. In real estate law, the ultimate remedy available to a lessor if material non-compliance by a lessee is determined is eviction. Undoubtedly, you may hear this matter being portrayed in a divisive way, with people clouding the issue by talking about"old buildings/national treasures", "well run/mismanaged programs" and"for/against the children." This is smoke. For instance, does anybody really believe anybody is "against"the children? Title to the property was transferred to the City with direction of how the property was to be used, not who was to use it. The question of examining the historic designation for this City property is valid—at a later date, for the designation is not the issue; the issue is compliance with the agreement. The bottom line is that terms of agreement have been violated. The practical question before the Council is identifying a remedy. The philosophical question is the City's position on renegotiating terms of an agreement while one or more parties are in default. From a practical point of view, I believe contracts should only be renegotiated when all parties are in compliance; to do otherwise sends a clear message regarding the validity of provisions. To me, this case is no different. I urge the Council to move expeditiously to ensure complete compliance with all agreements, so that the Camp may be operational as soon as possible. Tommy Johnson cc Ed Stracke, Friendship Ventures Georgann Rumsey, Friendship Ventures John Gertz, City Of Eden Prairie Brent Rickenbach, Eden Prairie Lions From: Brent Rickenbach [mailto:Brent@Rickenbach.com] Sent: Monday, January 29, 2007 6:31 PM To: "Lion Tommy Johnson"; Subject: FW: Eden Wood Center-Urgent Reply Needed Lions, I was contacted by Ed Stracke of Friendship Ventures, and he is looking for our support. As all of you know we voted in 2005 to support Camp Eden Wood with $50,000 in renovations to improve their property over the next 5 years. All in all, EP Lions have contributed (or helped collect) over$400,000 to improve the facility. The site improvements are being restricted (and are currently on hold)due to some historical preservation issues. The city council is being asked to reconsider the historic designation of the facility and the restrictions that come with that designation. As EP residents and benefactors we must help the city with this decision. If you could take a moment and write your city representatives and express your feelings I am sure the council members would appreciate your help in solving this issue. Thank you in advance for your help. Yours in Lionism, Lion Brent Rickenbach Original Message From: Ed Stracke [mailto:EStracke@friendshipventures.org] Sent: Monday, January 29, 2007 1:17 PM To: brent@rickenbach.com Subject: Eden Wood Center-Urgent Reply Needed Brent, Attached is the information I promised to send you about the status of the Eden Wood project and the historic issues we are trying to resolve with the city of Eden Prairie. I hope you can strongly encourage your Lions members to write or e-mail their city council members and mayor. As evidenced by some of the recent e-mails we have received, some of the historic preservation folks are trying to characterize Friendship Ventures as an unprofessional, poorly managed nonprofit organization with a hidden agenda designed to destroy the history of Eden Prairie. All we want to do is provide the best possible services for children and adults with disabilities in the safest, most accessible environment. Thanks for your help in getting this sent to your members. Please call me is you have any questions. Ed Stracke Friendship Foundation/Friendship Ventures 10509 108th St. NW Annandale, MN 55302 Work: (952) 852-0111 Home: (320)251-5809 Cell: (612) 325-6266 estracke@friendshipventures.org www.friendshipventures.orq where friendship begins... 00 7 7 . ® a m e r i c a n a s s o c i a t i o �^ Northland January 23, 2007 Scott Neal, City Administrator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 553'14 Dear Mr. Neal, It has come to my attention that the Eden Prairie City Council Members had the opportunity to make a positive impact on the lives of children and adults who attend Camp Eden Wood at Eden Wood Center in Eden Prairie. By allowing Friendship Ventures to move forward with their plans to improve a building that is on the National Historical Registry will enable them to continue to provide camp experiences to children and adults with developmental and other disabilities. Eden Wood Center is a member of the American Camp Association Northland and is an accredited camp. It is one of the few camps in the Mid-West that provide a specialized camping experience for this population and it highly valued in the camp community. It would be a shame if less campers were able to attend camp in the future because a building could not be remodeled to meet their special needs. The ACA believes that "Camp does a world of good". A camp experience is probably even more important to the individuals who attend Camp Eden Wood because they have fewer opportunities than most people to make new friends, camp out around a camp fire, experience putting on a harness to climb a cargo net or going for a canoe ride on Birch Island Lake. Please consider the human value that campers and their family receive from having an experience at Camp Eden Wood to be more important than preserving a building that no longer can meet the needs of the campers for whom it was intended to serve. Let Camp Eden Wood continue to "do a world of good" for their campers. Respectfully, Laurie Tschetter President ACA Northland chetl.l @charter.net Enriching Lives, Building Tomorrows American Camp Association, Northland • 4132 88th Lane N.E. • Circle Pines, MN 55014 800,842.0308 • 763.784.5400 phone/fox • www.ACANorihland.org January 30. 2007 Dear Scott Neal, City Administrator: I need your help in resolving an issue that could significantly impact the quality of life for hundreds of citizens of Eden Prairie and surrounding communities. I have been involved with Camp Eden Wood for 27 years. In 1987 I was President of the Eden Prairie Lions Club and was honored to hand deliver a check from the Lions for$5,000.00 to the Camp Director. The Camp Director spend 2 hours showing me around the camp when they were in session. Many times staff workers were working one on one with the Campers. As I was leaving the camp I said to myself,we must continue to support Camp Eden Wood each year. I feel very strongly about the work done at Camp Eden Wood and have given financial support to their cause. As a Eden Prairie resident,Past Lion President and Past District Governor, on behalf of Friendship Ventures, I am asking you to approve the request to reconsider the historic designation of the Eden Wood Center property so they can improve the health, safety and accessibility of the facilities for its participants,families and volunteers. Sincerely, Ocu,A.A 2r. -efrj Paul ane Yager Eden Prairie Lions Club cc: Georgann Rumsey, President and CEO, Friendship Ventures AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 6, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. MEALS ON WHEELS PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY,JANUARY 16, 2007 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 16, 2007 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 9, SECTION 9.04,RELATING TO RULES AND REGULATIONS GOVERNING PARKS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR VALLEY VIEW ROAD TRAIL IMPROVEMENTS, I.C. 02-5586 D. RESCIND SPECIAL ASSESSMENTS FOR TRUNK SEWER/WATER AND CONNECTION FEES LEVIED AGAINST LOTS 12 & 13, BLOCK 1, THE COVE,AND AUTHORIZE REIMBURSEMENT TO THE VERIFIED "PAYOR" OF THE ASSESSMENT CITY COUNCIL AGENDA February 6, 2007 Page 2 E. ADOPT RESOLUTION AUTHORIZING CITY ENGINEER AND CITY ATTORNEY TO PURSUE ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF EDEN PRAIRIE ROAD TRAIL IMPROVEMENTS, I.C. 06-5682 F. ADOPT 2007 CITY COUNCIL OUT-OF-STATE TRAVEL PLAN G. AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS FOR SHULDIESS ESTATE H. APPROVE 2007 TOWING SERVICES AGREEMENT WITH MATT'S AUTO SERVICE I. APPROVE AGREEMENT FOR COST PARTICIPATION FOR CONSTRUCTION OF THE TRAIL ALONG COUNTY ROAD 4 VIII. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER ALL PLATTED LOTS AND BLOCKS IN THE RIDGE AT RILEY CREEK, VACATION 06-06 (Resolution) B. BENT CREEK GOLF COURSE REZONING Request for: Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) C. OLYMPIC HILLS GOLF COURSE REZONING Request for: Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance for Zoning District Change). D. BEARPATH GOLF COURSE REZONING Request for: Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance for Zoning District Change) E. GLEN LAKE GOLF COURSE REZONING Request for: Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance for Zoning District Change) F. WHISPERING RIDGE Request for: Zoning District Change from R1-22 to R1- 13.5 on 3.78 acres, Preliminary Plat of 3.78 acres into nine lots and road right-of- way. Location: 16440, 16480, 16500 Hilltop Road. (Ordinance for Zoning District Change; Resolution for Preliminary Plat) G. BIRCH ISLAND PARK Request for: Site Plan Review on 28.3 acres. Location: 6225 Eden Prairie Road. (Resolution for Site Plan Review) CITY COUNCIL AGENDA February 6, 2007 Page 3 H. COMMUNITY CENTER& ROUND LAKE PARK Request for: Site Plan Review on 103 acres. (Resolution for Site Plan Review) Location: 16700 Valley View Road. I. EDENVALE PARK Request for: Site Plan Review on 9 acres. Location: 7300 Edenvale Boulevard.(Resolution for Site Plan Review) J. FOREST HILLS PARK Request for: Site Plan Review on 57 acres. Location: 13708 Holly Road. (Resolution for Site Plan Review) K. PRAIRIE VIEW PARK Request for: Site Plan Review on 8.6 acres. Location 17255 Peterborg Road. (Resolution for Site Plan Review) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. BENT CREEK GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) B. OLYMPIC HILLS GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance for Zoning District Change) C. BEARPATH GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance for Zoning District Change) D. GLEN LAKE GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance for Zoning District Change) XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Citizen Budget Task Force CITY COUNCIL AGENDA February 6, 2007 Page 4 2. Council Goal Setting Session 3. 2007 City Legislative Agenda— State and Federal 4. Flying Cloud Airport Advisory Commission Workshop 5. Community Center Improvement Project—Approval Timeline C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Forest Hills, Prairie View and Edenvale Park Improvements Bids 2. Forest Hills, Prairie View and Edenvale Parks Shelter Buildings Bids E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Scott Neal, City Manager Meals on Wheels Proclamation Requested Action Mayor Young will read the proclamation. Synopsis Mayor Young asked for this proclamation to be placed in the Council's February 6 agenda. The Meals on Wheels program is an important volunteer service for Eden Prairie citizens. The proclamation provides recognition to the program by declaring February to be Meals on Wheels Month in Eden Prairie. As background, city employees have been participating in the program for many years. Our Police Department and Fire Department employees have a regularly scheduled route in which 5- 6 employees help deliver meals for a week every five weeks. Bob Lambert has also been an active volunteer driver as a member of the Eden Prairie AM Rotary Club. The City appropriated $5,000 in both the 2006 and 2007 City Budgets to assist Meals on Wheels with their mission to nutrition services for senior citizens in Eden Prairie. Mayor Young will also brief the Council about his upcoming participation in the Mayors for Meals program later in February. *Ci ► 0 . 1 PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the Meals on Wheels program in Eden Prairie has more than 250 volunteer meal deliver drivers; and WHEREAS, many home-bound Eden Prairie citizens have benefited immeasurably from home delivered meals; and WHEREAS, the Eden Prairie Meals on Wheels volunteer drivers delivered approximately 10,000 meals in 2006; and WHEREAS, the City Council desires to express its support and gratitude for the work of the volunteers for the Meals on Wheels program; and WHEREAS, the City Council desires to encourage and support new volunteers to share their time, energy and money with the Eden Prairie Meals on Wheels program. NOW, THEREFORE,BE IT PROCLAIMED THAT the Month of February, 2007 be: MEALS ON WHEELS MONTH In the City of Eden Prairie, Minnesota ADOPTED by the Eden Prairie City Council on this 6TH day of February 2007. Phil Young, Mayor On behalf of Council Members: Brad Aho Sherry Butcher Kathy Nelson Jon Duckstad ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY,JANUARY 16, 2007 CITY CENTER 5:00 —6:25 PM, HERITAGE ROOM II 6:30 —7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, and Recorder Lorene McWaters Heritage Room II I. MLC LEGISLATIVE AGENDA Bill Schreiber and Tom Poul of Messerli & Kramer provided an overview of the Municipal Legislative Commission's legislative agenda for 2007. Major MLC initiatives include the following: • Support for local control and accountability, including opposition to levy limits • Strengthening state and local fiscal relationships, including: o Full reimbursement of Market Value Homestead Credit in 2007 and direct payment of MVHC to homeowners o Provision of better information for property tax payers, including listing the "effective tax rate" on Truth in Taxation notices and an annual report on property taxes paid as a percentage of income o Targeting property tax relief to individuals o Reexamination of the Fiscal Disparities program o Opposition to sales tax on local government services • Advocating for adequate levels of funding for transportation Schreiber and Poul noted that there are three state program designed to provide property tax relief for individuals—the Homeowners Property Tax Refund program, the Targeted Property Tax Refund program, and the Renters Property Tax Refund program. They said the programs are not particularly well publicized, so they will send briefs describing the programs to Scott Neal. II. OPEN FORUM No one was scheduled to speak at Open Forum. III. OPEN PODIUM John Mallo addressed Council on the proposed renaming of the Purgatory Creek Recreation Area. He said the decision was made by the Parks, Recreation and Natural Resources Commission and forwarded to the City Council too quickly for adequate public input to be provided. He asked that Council delay any decision on a name change until more public input can be sought. Mayor Young said he already planned to ask for that item to be tabled until a later date. IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 16, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson 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 Joseph Nyland and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Young called the meeting to order at 7:04 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION DESIGNATING JANUARY FOR RECOGNITION OF DR. MARTIN LUTHER KING, JR. Young read the Proclamation and Manifesto. Cari Maguire, Chair of the Human Rights and Diversity Commission, invited nominations for the annual Human Rights awards which are given to an individual, a nonprofit, a business, and a youth. The Chamber of Commerce has taken over the Jean Harris scholarship. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added an item to report regarding the I-494 corridor transitway. Young added two items to Reports of Councilmembers. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 2, 2007 MOTION: Nelson moved, seconded by Butcher, to approve the City Council minutes as published. Motion carried 5-0. CITY COUNCIL MINUTES January 16, 2007 Page 2 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2007-13 PERTAINING TO EXPENDITURE OF CITY FUNDS C. AWARD BID FOR CONSTRUCTION OF THE PURGATORY CREEK RECREATION AREA BOARDWALK OVERLOOK TO SUNRAM CONSTRUCTION INC. D. ADOPT RESOLUTION NO. 2007-14 AMENDING RESOLUTION NO. 2007-08 BY AMENDING THE MEETING DATES FOR HUMAN RIGHTS AND DIVERSITY COMMISSION FOR 2007 E. AUTHORIZE AGREEMENT WITH CBIZ FOR EMPLOYEE BENEFIT CONSULTING SERVICES MOTION: Butcher moved, seconded by Aho, to approve Items A-E on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMEND CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES (Ordinance for Amending Chapter 11) Neal said official notice of this public hearing was published in the November 23, 2006,Eden Prairie Sun Current. This is a continued item from the December 4, 2006 meeting. The proposed text amendments are related to creating a zoning district called Golf Course. This district and other amendments relative to golf course would be applicable to Bent Creek, Glen Lake Golf Course, Bearpath, and Olympic Hills. The attached letter from Rodney D. Hardy asked the City to consider amendments to the proposed ordinance related to parking,permitted uses, seasonal housing, and rebuilding. The Planning Commission directed staff to recommend appropriate language for additional uses to be added to the amendment. The draft ordinance was changed to include "croquet, lawn bowling,platform tennis, cross country skiing, snow shoeing, ice skating and other passive recreational activities with non-motorized use,provided however motorized golf carts are permitted." The Planning Commission, at the November 13, 2006 meeting, voted 6-0 to recommend approval of the an ordinance of the City of Eden Prairie Minnesota amending City Code chapter 11, Sections 11.03, Subd 1.A, Subd. 2.B., tables 4 and 5, Subd, 3.3.H.4., adding section 11.36 and amending Section 11.70, Subd 4. CITY COUNCIL MINUTES January 16, 2007 Page 3 relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Section 11.99, which among other things contain penalty provisions. Young said each person's public input on the hearings would be limited to fifteen minutes to allow all to speak. Bruce Malkerson, attorney for the owners of Bent Creek Golf Course, asked for confirmation that this item only changes the ordinance but does not apply it to Bent Creek. Neal confirmed this. MOTION: Aho moved, seconded by Butcher, to Close the Public Hearing and approve 1st Reading of the Ordinance for Amending Chapter 11 of the City Code relative to golf courses. Motion carried 5-0. B. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE & REZONING. Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres, Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Resolution No. 2007-15 for Guide Plan Change) Neal said official notice of this public hearing was published in the November 23, 2006,Eden Prairie Sun Current and sent to 823 property owners. This is a continued item from the December 4, 2006, meeting. The Met Council approved the text amendment to add"golf course" as a land use on January 8, 2007. The existing golf course is guided Public/Quasi Public. The proposed guide plan change is to Golf Course. Before the City Council can take action to rezone the property to GC-Golf Course, the amendments to Chapter 11, which create the GC-Golf Course District, must have 1st and 2nd reading and be published in the official newspaper. The ordinance takes effect upon publication which could occur on January 25, 2007. The City Council should hold the public hearing on the guide plan change and take action on the resolution for the guide plan change tonight. The public hearing on the proposed rezoning of the property should be continued to the February 6, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the guide plan change at the November 13, 2006, meeting. To apply the ordinance, tonight's task is to take action on the guide plan if desired and continue the public hearing so that rezoning can be addressed at the first meeting in February. Bruce Malkerson, attorney for the owners of Bent Creek, objected to restriction of his time, saying he had important facts, new information and points of law to share. Tonight's action essentially rezones the property as the rezoning must promptly follow the reguiding under law. The other golf courses are not substantially protesting the reguiding. Two of them already have conservation easements with similar restrictions on development, and the other is a government-owned property. Different issues apply at Bent Creek. The owner intends to sue if the property is reguided because of the decrease in value of the CITY COUNCIL MINUTES January 16, 2007 Page 4 property and his belief that the action is illegal. Malkerson questioned whether the City had obtained a legal opinion on the reguiding since he had been unable to obtain a copy. He said voting on the reguiding tonight would show disregard for the legal issues and demonstrate predetermination. Malkerson stated the owner proposes to manage a transition to reuse of the property that partially reflects the adjacent development. This is a compromise position as developing the property the same as the adjacent development would be very lucrative. Malkerson stated proceeding to legal action would be risky for neighbors. If the owner wins and the court says to zone the property to conform with surrounding development, the development will be much denser than the current proposal. If the City wins, the golf course could close and become overgrown and boarded up since it has lost money for years. Small golf courses are not viable in the current market unless owned by government. Malkerson said the Wensmann case currently before the Supreme Court will be very relevant. In a recent case the Court invited the developer to sue the City of Eagan over a golf-course only zoning, and the development will have a residential component within it. The Wensmann case will be decided in the next six months. Malkerson said the developer would sign a standstill agreement not to develop the property until after the decision comes down. Young noted Malkerson had exceeded the time limit and Malkerson objected to having his time limited. Young noted his office had been advised of the limit that morning without objection and Malkerson said he had not received the notice. Young granted 10 additional minutes and asked Malkerson to present the new legal facts he had mentioned. Malkerson distributed a memo dated January 16, 2007 and exhibits. He asked if the City had received a legal opinion on whether the golf course reguiding and rezoning was legal. Neal said there is no written opinion but the City Attorney had shared his opinion at public meetings. Malkerson asked if Neal meant Rosow's comments at the time the Council directed Staff to proceed on bringing the guide plan and zoning into alignment, and Neal said the time frame was close to that. Malkerson said those comments were pretty generalized. He suggested the Council direct the City Attorney to go through carefully and render an opinion and also seek an opinion from the Minnesota League of Cities Insurance Trust. Malkerson then reviewed comments in his memo: • The reguiding and rezoning essentially encumbers the property with an open space easement. The other golf courses granted easements in return for consideration. Reguiding now would be unilaterally imposing an easement. • The City lacks authority to reguide the property and is basing its action on statements made by the public, the intent of the original owner, and a general statement that the golf course was approved as part of the original CITY COUNCIL MINUTES January 16, 2007 Page 5 PUD. The Council should not rely on non-binding, irrelevant statements made in the 1970s. • There really isn't a PUD for this property in the sense of a modern PUD. If the property is intended to be restricted forever, the City should get a conservation easement at the time of development. • The golf course is platted as an outlot. There is no ordinance or restriction on use of outlots. Young ended Malkerson's time after consuming 20 additional minutes following the Mayor's grant of 10 additional minutes. Malkerson objected and said he was being denied his due process rights. Resident Steve Chelesnik of 7269 Howard Lane,noted Edenvale was a 6000- acre development, unprecedented in Eden Prairie when it was developed in the 1970s. The record reflects extensive discussion among the Planning Commission, City Council and the community about preserving open space and maintaining quality of life. The documents are pretty clear that approval was granted on the condition that open space be preserved. The golf course was credited as open space even though it allowed the developer and owner to make money off it. Some original homeowners still live there and relied on the golf course as a buffer from development. Eden Prairie has little open space left. Chelesnik questioned some arguments made by Malkerson. Small golf courses may be in trouble nationally due to overbuilding,but it does not follow that the Bent Creek course is not viable. Chelesnik stated the owner did not accept bids from people wishing to operate the property as a golf course, but only from developers. The business is privately held and it is easy to operate a business at loss to make a situation seem dire. Multiple buyers and membership groups would be willing to buy the course for multiples of the purchase price and continue to operate it. Chelesnik said the City has proceeded deliberately, cautiously and legally, and that fairness and equity call for enforcement of ordinances. The reguiding and rezoning only clarify the original intent. Malkerson's suggestion to wait until after the Wensmann decision is not surprising, since the current state of the law does not favor the owner. Resident Victoria Rolf of 6890 Canterbury Lane stated she lives adjacent to the golf course and purchased her property with the expectation that the golf course would remain a golf course, as she was told by the agent and neighbors, including a neighbor who helped design and built the whole project. She said she had easily obtained copies of all pertinent City documents and drafted a memo with points similar to those of the City Attorney. Rolf said the City has a moral obligation to preserve the open space for wildlife and to preserve the integrity of the Edenvale plan, which was visionary in its commitment to providing a mix of housing for all income levels and maintaining open space. The PUD set aside 25% of the area as open space and the golf course was counted as part of the bargaining process to receive exemptions on cash park fees. Development would significantly alter the community. CITY COUNCIL MINUTES January 16, 2007 Page 6 Resident Marilyn Michales of 6459 Pinnacle Drive disputed the golf course's usefulness as wildlife habitat or as true open space, since it is not available to the general public. The proposed development would maintain the floodplain and incorporate trails that would be accessible to all residents. The course already contains a clubhouse, driveways and parking lots. Golf courses are usually perceived as an environmental negative due to runoff. The townhome project along Valley View also took away open space and views, but it was approved. By proceeding to litigation, the City could drive up its insurance premiums and cost taxpayers money. Staff time will also be needed to respond to a lawsuit. There is no need to rush to a decision. Neal noted preliminary plans had been shown to some staff and councilmembers but no formal plans have ever been submitted. Resident Lou Guertin of 6568 Pinnacle Drive said the townhome development was never part of the golf course plot set aside to open space. It was offered for purchase to the golf course owner and declined. Resident Rick Dorsey of 14215 Green View Court said he lives in a modest home along the golf course and owned a town home nearby prior to that purchase. Residents along the course paid premiums for those lots. He questioned whether the owner paid taxes on the land as developable or benefited from a reduced rate. When the owner built and sold townhomes to the west of the course ten years ago, no announcement was made of any intent to develop the golf course. Dorsey said he knew of at least one offer to buy the course and continue to operate it. Michales said she knows the owner and there were offers, but no viable offer from anyone who had the money to complete the purchase. Resident Eric Wolf of 7303 Howard Lane said he lives on the golf course and is a member. The membership discussed buying out the golf course but the owners would not release the financials they needed to plan an offer. Aho asked if staff had reviewed the Malkerson documents. Neal said the City Attorney had reviewed everything provided. Young asked Staff to review the rationale behind the March moratorium on development and the process to reach tonight's recommendation for reguiding. Franzen said the Council charged Staff to determine inconsistencies in the guiding and zoning of the City's golf courses and to find a cure. The Staff review found all the golf courses were guided and zoned a little differently, with no direct correlation between the guiding and the zoning. Guide plan designations should be specific, distinct and separate and clearly match the designation to the actual land use. Common sense suggested all golf courses should be guided the same way through a new guide plan designation. Statute requires zoning districts be added to match the guide plan change. CITY COUNCIL MINUTES January 16, 2007 Page 7 Franzen said research revealed communities handle golf courses in many different ways. Few local communities have a separate golf course designation but this is common in Florida. Other cities permit golf courses in some or all zoning districts. Uses allowable under the "public/quasi-public" designation include private open space such as association land, golf courses and country clubs. Young asked if residential development were an allowable use and Franzen said no. Duckstad asked for confirmation that the golf course was part of a larger development and has operated as a golf course continuously. Franzen said yes. Duckstad asked when the current owner acquired it. Franzen said the mid-1980s if not earlier. The golf course has undergone some modifications but has remained a golf course under all owners. Duckstad asked if the proposed guide plan change would affect the current use. Franzen said the change would have no impact on the property as it is currently used. Butcher asked about property tax capture in the public/quasi-public designation. Neal said the taxation is separate from the guiding. He agreed to consult with the assessor and report back. Aho noted in previous discussions, Staff had indicated the property was guided public/quasi-public continuously, and the guiding would trump the zoning which was rural. Franzen confirmed this. Nelson asked if the PUD brought in the golf course as part of the parkland expectation. Franzen said the course was a tradeoff for density bonus and setback variances. The planned population of 18,000 to 19,000 is a large population for the acreage, especially since some of the area is industrial. The open space provides relief to the density allowed. Nelson asked if the City had always balanced development with cash park fees and parkland. Lambert said since the early 1970s, the City has required dedicated park land or fees. Edenvale received fee waivers for dedicating parcels as open space, and the golf course counted toward that open space. The expectation is that dedicated open space remain open. As the City became more sophisticated in its contracts, it required conservation easements over subsequent golf courses. Nelson asked for confirmation the change from public/quasi-public to golf course is a neutral change. Franzen confirmed the change in the guide plan and zoning still allows the property to be used as a golf course. MOTION: Butcher moved, seconded by Aho, to continue the public hearing for 1st Reading of the Ordinance for Zoning District Change from Rural to Golf Course 105.8 acres to the February 6, 2007 meeting, close the Public Hearing for the Guide Plan Change; and adopt Resolution No. 2007-15 for Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres. Motion carried 5-0. CITY COUNCIL MINUTES January 16, 2007 Page 8 C. OLYMPIC HILLS GOLF COURSE GUIDE PLAN CHANGE & REZONING. Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.71 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres, Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Resolution No. 2007-16 for Guide Plan Change) Neal said official notice of this public hearing was published in the November 23, 2006,Eden Prairie Sun Current and sent to 790 property owners. This is a continued item from the December 4, 2006 meeting. The Met Council approved the text amendment to add"golf course" as a land use on January 8, 2007. The existing golf course is guided Public/Quasi Public and Low Density Residential. The proposed guide plan change is to Golf Course. Before the City Council can take action to rezone the property to GC-Golf Course, the amendments to Chapter 11, which create the GC-Golf Course District, must have lst and 2nd reading and be published in the official newspaper. The ordinance takes effect upon publication which could occur on January 25, 2007. The City Council should hold the public hearing on the guide plan change and take action on the resolution for the guide plan change tonight. The public hearing on the proposed rezoning of the property should be continued to the February 6, 2007, meeting. The Planning Commission voted 6-0 to recommend approval of the guide plan change at the November 13, 2006, meeting. Nelson asked Franzen to confirm this change does not change the owner's right to operate a golf course and Franzen said yes. MOTION: Aho moved, seconded by Nelson, to continue the public hearing for 1st Reading of the Ordinance for Zoning District Change from Rural to Golf Course 169.1 acres; from RM-6.5 to Golf Course on 1.6 acres and from R1-13.5 to Golf Course on .52 acres, close the Public Hearing for the Guide Plan Change; and adopt Resolution No. 2007-16 for Guide Plan Change from Public/Quasi- Public to Golf Course on 170.71 acres and from Low Density Residential to Golf Course on 1.1 acres. Motion carried 5-0. D. BEARPATH GOLF COURSE GUIDE PLAN CHANGE & REZONING. Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres, Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Resolution No. 2007-17 for Guide Plan Change) Neal said official notice of this public hearing was published in the November 23, 2006,Eden Prairie Sun Current and sent to 796 property owners. This is a continued item from the December 4, 2006 meeting. The Met Council approved the text amendment to add"golf course" as a land use on January 8, 2007. The CITY COUNCIL MINUTES January 16, 2007 Page 9 existing golf course is guided Public/Quasi Public and Low Density Residential. The proposed guide plan change is to Golf Course. Before the City Council can take action to rezone the property to GC-Golf Course, the amendments to Chapter 11, which create the GC-Golf Course District, must have 1st and 2nd reading and be published in the official newspaper. The ordinance takes effect upon publication which could occur on January 25, 2007. The City Council should hold the public hearing on the guide plan change and take action on the resolution for the guide plan change tonight. The public hearing on the proposed rezoning of the property should be continued to the February 6, 2007, meeting. The Planning Commission voted 6-0 to recommend approval of the guide plan change at the November 13, 2006, meeting. John Downey, General Manager of the Bearpath facility, stated the owners and members of Bearpath wish to continue to use the property for the benefit of members, including possible new recreational uses. He also sought confirmation that the club could add parking or reconstruct buildings damaged by fire or weather. Franzen said language had been added to the ordinance to allow other non-motorized recreation (while still allowing golf carts) and that this "non- motorized"phrase serves as a catchall to allow comparable passive recreational uses not specifically listed. If buildings are damaged the owner is entitled to rebuild them to their current condition. Franzen said the site currently has more than adequate parking to support its current use or additional restaurant or meeting capacity. Nelson asked Franzen to confirm this change does not change the owner's right to operate a golf course and Franzen said yes. MOTIONS: Butcher moved, seconded by Aho, to continue the public hearing for 1st Reading of the Ordinance for Zoning District Change from Rural to Golf Course 198.04 acres to the February 6, 2007, meeting, close the Public Hearing for the Guide Plan Change; and adopt Resolution No. 2007-17 for Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres and from Low Density Residential to Golf Course on 1.54 acres. Motion carried 5-0. E. GLEN LAKE GOLF COURSE GUIDE PLAN CHANGE & REZONING. Request for: Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres, Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Resolution No. 2007-18 for Guide Plan Change) Neal said official notice of this public hearing was published in the November 23, 2006,Eden Prairie Sun Current and sent to 76 property owners. This is a continued item from the December 4, 2006, meeting. The Met Council approved the text amendment to add"golf course" as a land use on January 8, 2007. The existing golf course is guided Parks/Open Space. The proposed guide plan change is to Golf Course. Before the City Council can take action to rezone the property to GC-Golf Course, the amendments to Chapter 11, which create the GC-Golf CITY COUNCIL MINUTES January 16, 2007 Page 10 Course District, must have 1st and 2nd reading and be published in the official newspaper. The ordinance takes effect upon publication which could occur on January 25, 2007. The City Council should hold the public hearing on the guide plan change and take action on the resolution for the guide plan change tonight. The public hearing on the proposed rezoning of the property should be continued to the February 6, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the guide plan change at the November 13, 2006, meeting. Nelson asked Franzen to confirm this change does not change the owner's right to operate a golf course and Franzen said yes. MOTION: Aho moved, seconded by Butcher, to continue the public hearing for 1st Reading of the Ordinance for Zoning District Change from Rural to Golf Course 50.39 acres to the February 6, 2007 meeting, close the Public Hearing for the Guide Plan Change; and adopt Resolution No. 2007-18 for Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres. Motion carried 5-0. F. STARING PRESERVE by Aileron Development. Request for: Preliminary Plat on 1.67 acres into two lots and road right-of-way. Location: 9181 Staring Lane East. (Resolution No. 2007-19 for Preliminary Plat) Butcher exited the meeting at 8:57. Neal said official notice of this public hearing was published in the January 4, 2007,Eden Prairie Sun Current and sent to 46 property owners. The project is to plat the property into two single-family lots consistent with the requirements of the R1-22 zoning district. Flying Cloud Airport is located approximately one- quarter mile to south of the property. Because of the projected number of aircraft over-flights to occur in this area, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. The 120-Day Review Period Expires on March 9, 2007. The Planning Commission voted 7-0 to recommend approval of the project at the December 11, 2006 meeting. There were no comments from the public. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing; adopt Resolution No. 2007-19 for Preliminary Plat on 1.67 acres into two lots and road right of way; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0. G. WINDSOR PLAZA by Solomon Real Estate. Request for: Planned Unit Development Concept Review on 4.44 acres, Planned Unit Development District CITY COUNCIL MINUTES January 16, 2007 Page 11 Review on 4.44 acres, Zoning District Change from Rural, Commercial Regional Service and Office to Commercial Regional Service on 4.44 acres, Site Plan Review on 4.44 acres, and Preliminary Plat of 5.81 acres into two lots and road right-of-way. Location: West of Flying Cloud Drive, South of Singletree Lane, North of Regional Center Road. (Resolution No. 2007-20 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution No. 2007-21 for Preliminary Plat) Butcher returned to the meeting at 8:59 p.m. Neal said official notice of this public hearing was published in the January 4, 2007,Eden Prairie Sun Current and sent to property 24 owners. This project is a 133,629 square foot building located in the Town Center consisting of four-stories of office above first floor retail and restaurant uses. The design is consistent with the planning principles of the MCA Study for the Town Center. The MCA Study identifies the site for Community Retail use. In the Town Center this use includes retail,restaurants, and a higher intensity of development such as multiple story buildings with office or other uses allowed in upper levels. The proposed land use for Windsor Plaza is generally consistent with the vision of MCA mixed office/retail use for this site, and is consistent with the planning principles of the MCA Study. A traffic study was completed for the project which identified the deficiencies at the TH 212/Singletree Lane intersection as it relates to this project. The developer will be responsible for constructing an improved segment of Singletree Lane between TH 212 and Eden Road. The improvement will provide a single left-turn lane, a through lane, and a shared through/right-turn lane on the west approach of the TH 212/Singletree Lane intersection as well as additional through lanes on Singletree Lane to provide a continuous 4-lane roadway. The developer will be responsible for all costs associated with the project with the exception of the right-of-way costs on the north side of Singletree Lane. It should be noted the improvements to Singletree Lane are considered interim improvements as the realignment of Singletree Lane and West 78th Street remains the long-term vision for the roadway. The following waivers are requested in the Commercial Regional Service zoning district as part of the PUD: 1. Building floor area ratio of.69. Code maximum is .40. 2. Building height of 68 feet. Code maximum is 40 feet. 3. A total of 667 parking stalls provided. Code requires 743 stalls (16 of which are assigned to Bobby and Steve's Auto World). 4. Front yard setback to building of 6 feet from Flying Cloud Drive. Code requires 35 feet. 5. Front yard setback to parking deck of 22 feet to Singletree Lane. Code requires 35 feet. CITY COUNCIL MINUTES January 16, 2007 Page 12 6. Front yard setback to parking deck of 15 feet to Eden Road. Code requires 35 feet. 7. Front yard setback to parking deck of 0 feet to Regional Center Road. Code requires 35 feet. 8. Side yard setback to parking deck of 0 feet along southwest property line. Code requires 20 feet. The waivers are consistent with the planning principles of the MCA Study and Town Center, for taller buildings, higher densities, structured parking, and location of buildings close to street frontages, and pedestrian systems. In exchange for the parking waiver, the first floor uses will be retail and restaurant. The second through fifth floors will be limited to office use only. Additional items that will be addressed in the Development Agreement include: planter boxes in the outdoor seating areas and hanging baskets in the plaza area on the west side of the building adjacent to ground floor retail; stamped concrete and staining treatment for all retaining walls, and pavement patterns for the plaza and outdoor seating areas, and signage. No signs have been approved as part of this review. Once the Town Center wayfinding study has been further refined and a sign ordinance is developed for the Town Center, a sign package will be submitted for review and approval by the Planning Commission and City Council. The 120-Day Review Period Expires on March 6, 2007. Jeremiah noted the developer had presented the project before the Council in December but was available to review it if needed for the new Councilmembers. Duckstad and Nelson said they were thoroughly familiar with project and had already had the opportunity to ask questions. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; adopt Resolution No. 2007-20 for Planned Unit Development Concept Review on 4.44 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural, Commercial Regional Service and Office to Commercial Regional Service on 4.44 acres; adopt Resolution No. 2007-21 for Preliminary Plat on 5.81 acres into 2 lots and road right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. H. RANDY'S BOBBY & STEVE'S AUTO WORLD by Randy Neis. Request for: Planned Unit Development Concept Review on 1.08 acres, Planned Unit Development District Review with waivers on 1.08 acres, Zoning District Change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres and Site Plan Review on 1.08 acres. Location: Southwest corner of Flying Cloud Drive and Singletree Lane. (Resolution No. 2007-22 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change) CITY COUNCIL MINUTES January 16, 2007 Page 13 Neal said official notice of this public hearing was published in the January 4, 2007,Eden Prairie Sun Current and sent to property 24 owners. This project is a 22,600 square foot building located in the Town Center consisting of Convenience Retail/Automotive Service/Restaurant. The design is consistent with the planning principles of the MCA Study for the Town Center. The same improvements to Singletree Lane apply as for the Windsor project. The following waivers are requested in the Commercial Regional Service zoning district as part of the PUD: • Building floor area ratio of.48. Code maximum is .40. • Building base area ratio of.27. Code maximum is .20. • Front yard setback to building of 19 feet from Flying Cloud Drive. Code requires 35 feet. • Front yard setback to building of 0 feet from Singletree Lane. Code requires 35 feet. • Side yard setback to building (car wash) of 0 feet. Code requires 20 feet. • Driveway width of 40 feet. Code requires a maximum of 30 feet. • Off site parking for 16 parking stalls. Code requires parking to be on the site it is to serve. • Wall/fence screening height of 10 feet. Code requires a maximum of 6 feet. The waivers are consistent with the planning principles of the MCA Study and Town Center for higher densities, location of buildings close to street frontages, and pedestrian systems. Additional items that will be addressed in the Development Agreement include: outdoor seating, decorative pavement and landscaping plaza area on the southeast corner of the site; edge treatments such as fencing or landscaping to define the space from Flying Cloud Drive and auto traffic internal to the site; planter boxes and hanging baskets in front of the retail plaza; and signage. No signs have been approved as part of this review. Once the Town Center wayfinding study has been further refined and a sign ordinance is developed for the Town Center, a sign package will be submitted for review and approval by the Planning Commission and City Council. The 120-Day Review Period expires on March 6, 2007. The Planning Commission first reviewed this project at its November 27, 2006, meeting and recommended a continuance directing the developer to incorporate all pedestrian level details and site amenities into the plans, and more information regarding the use of Dryvit material. The Planning Commission voted 7-0 to recommend approval of the project at the December 11, 2006, meeting. Nelson asked about the zero-foot setback from Singletree Lane. The photos show the plan works, but it would be helpful to know the true distance from the street. Jeremiah said the minimum distance from the curb is 15 feet including an eight- foot setback, and that is only at one point. The distance from Flying Cloud Drive CITY COUNCIL MINUTES January 16, 2007 Page 14 is 21 feet. Nelson said the variance works in this project but the Planning Commission and Council should stay aware of the need for adequate green space in the Town Center. MOTION: Duckstad moved, seconded by Aho, to close the Public Hearing; adopt Resolution No. 2007-22 for Planned Unit Development Concept Review on 1.08 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Nelson, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Duckstad, Nelson and Young voting "aye." X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.04, RELATING TO RULES AND REGULATIONS GOVERNING PARKS Neal said the attached ordinance will provide the City the ability to control use of City parks by large organized groups and will restrict any non-resident large groups from use of the parks, and will eliminate any"for profit" group from using City park land for the purpose of operating a"for profit"business. This item was originally reviewed at the November 6 meeting of the Parks, Recreation and Natural Resources Commission and was continued to the December 4 meeting, after commission members requested staff to provide a copy of the ordinance that more clearly defines which items were deleted or added to the previous ordinance relating to park use. At the December 4 meeting, the Parks, Recreation and Natural Resources Commission unanimously recommended approval of these changes. Lambert said the major reason for the ordinance is to address inequities such that the City can charge Eden Prairie groups for parks use but not outside groups. Large school districts and business are using Eden Prairie facilities for day and athletic camps, and a loophole in the ordinance allows this. Now, groups of over 20 people who are not residents can be asked to leave. Aho asked how the change would be communicated to groups. Lambert said groups known to be using the parks will be sent a copy of the changed ordinance. For the first year, Lambert recommended giving a warning on the first offense. After the first offense, police would ask the group to leave. CITY COUNCIL MINUTES January 16, 2007 Page 15 MOTION: Nelson moved, seconded by Butcher, to approve the first reading of an Ordinance amending City Code Chapter 9, Section 9.04, relating to rules and regulations governing parks that will prohibit the use of Eden Prairie Parks by large, non-resident sponsored groups, and will require reservations by resident sponsored groups larger than 20 persons. Motion carried 5-0. B. SECOND READING OF ORDINANCE NO. 2-2007 AMENDING CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES AND ADOPT RESOLUTION NO. 2007-23 APPROVING SUMMARY ORDINANCE Neal noted the first reading was already approved. A unanimous vote is needed for the second reading to pass. MOTION: Aho moved, seconded by Butcher, to approve 2nd Reading of Ordinance 2-2007 for Amending Chapter 11 of the City Code relative to golf courses and adopt Resolution No. 2007-23 approving Summary Ordinance. Motion carried 5-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. MCA Update Young requested Staff to prepare an update for Council on all MCA plans and actions, as well as current funding of projects. 2. Budget Task Force Young asked Councilmembers to come to the next meeting prepared to discuss the merits of implementing a Budget Task Force as one of the City Boards and Commissions for this year. 3. Friendship Ventures Historic Designation Young asked staff to prepare background information regarding Friendship Ventures' request to change the historic designation of Camp Edenwood, a City property the program rents as a tenant. Staff should prepare a summary of the history of the property,past and current uses, CITY COUNCIL MINUTES January 16, 2007 Page 16 the City's history with the tenant, and steps which would need to be taken to accommodate the request. Butcher expressed some reservations about the request. Although the leasee agreed to protect and reuse the property, it has a history of serious violation of contracts including destruction of property. Young said the discussion should be all encompassing. B. REPORT OF CITY MANAGER 1. Revised Land Exchange Agreement Between the City and the Eden Prairie School District Neal said the City had agreed to a land swap with the school district to allow the 3rd rink at the Community Center to be built. In exchange, the City planned to swap a parcel near Oak Point Intermediate School for siting of the historic Anderson schoolhouse. Subsequent research showed the site to be unsuitable for the schoolhouse. A new exchange is proposed to give the school district a parcel consisting of half a parking lot that is currently used by high school staff. This would be an exact square footage exchange and also requires School Board approval. MOTION: Aho moved, seconded by Nelson, to approve the revised land exchange agreement between the City and the Eden Prairie School District. Motion carried 5-0. 2. HRA Secretary Neal explained all City Council members are automatically members of the HRA and Neal is the Executive Director. The Council needs to appoint a secretary. MOTION: Aho moved, seconded by Butcher, to appoint Councilmember Nelson as the HRA Secretary. Motion carried 5-0. 3. 1-494 Corridor Transitwav Initiative Neal said a group of legislators in the southwest suburbs is considering an initiative to connect the proposed LRT endpoint in Eden Prairie with the current LRT terminus in Bloomington. The Council is invited to appoint a representative to work with a group studying the issue. There is no monetary commitment or requirement to take a particular stand on the issue. MOTION: Nelson moved, seconded by Duckstad, to appoint Councilmember Aho as the representative and Councilmember CITY COUNCIL MINUTES January 16, 2007 Page 17 Butcher as the alternate to the I-494 Transitway Initiative. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Purchase Agreement for Lot 1,Block 1 and Outlot C —Columbine Addition Jeremiah said Presbyterian Homes, owner of Broadmoor Apartments and Castle Ridge Care facility in Eden Prairie, has submitted an offer to purchase the 4.8 acre property owned by the City and located between Broadmoor Apartments and Lifetime Fitness Health Club (formerly Flagship) for a price of$3,000,000, a market price. Their plan is to include the 4.8 acres into a complete redevelopment of the 13 acre Broadmoor Apartments and Castle Ridge properties for a new large-scale senior housing and retail development. However, they are not planning to start the project for another 3-4 years. Presbyterian seeks preliminary approval of their concept plan. Staff have seen concept drafts and are working to resolve access issues. The project should soon appear before the Planning Commission and then before Council in May 2007, with closing to follow. Young asked what would be done with the proceeds of the land sale. Jeremiah said current policy is to put proceeds into the economic development fund. There are a number of unfunded MCA projects that could be funded in this manner. The Council could however change the policy. MOTION: Butcher moved, seconded by Aho, to authorize the Mayor and City Manager to execute a purchase agreement and other documents including but not limited to a Warranty Deed and affidavits as are necessary to complete the sale of a 4.8 acre site owned by the City and legally described as Lot 1, Block 1, and Outlot C - Columbine Addition, Hennepin County, Minnesota. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Renaming of Purgatory Creek Recreation Area Lambert said after lengthy discussion at its November 6th, 2006 meeting, the Parks, Recreation and Natural Resources Commission recommended the Purgatory Creek Recreation Area's body of water be named Prairie Lake. The motion carried 8 to 1 with Gerst voting nay. Gerst said he was not in favor of the name since there were so many things in the City already named prairie. The Commission approved recommending renaming the Purgatory Creek Recreation Area to Prairie Lake Park on a 9 to 0 vote. CITY COUNCIL MINUTES January 16, 2007 Page 18 Butcher noted names last a long time and suggested more dialogue was needed. All councilmembers agreed. Young asked whether it would be best to send the matter back to the Parks Commission, or to find another venue for public input. Lambert noted this was the second name Parks had recommended,but not one anyone on the Commission had a strong feeling about. A citizen recommended soliciting names from the public. The only question is whether those submissions should be directed to the Parks Commission or to the Council. Parks Commission Chair Brill said the Commission would be willing to revisit the issue with input. Neal said Staff could initiate a means to collect feedback and then direct the results to Parks to perhaps narrow the choices to three names. MOTION: Aho moved, seconded by Nelson, to return the process of renaming Purgatory Creek Recreation Area back to the Parks Commission to accept public comment and develop a list of alternate names to submit to the City Council. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:43 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products Ahlstrom Enterprises, Inc DBA: Eagle Mobil 12619 Valley View Road Private Kennel Debra Wegler—3 dogs Temporary Liquor Organization: City of Eden Prairie Event: Municipal Liquor Stores Wine Tasting Date: March 22, 2007 Place: The Garden Room 2007 Renewal Licenses Solid Waste Collector Buckingham Trucking, Inc. —Prior Lake, MN Shamrock Disposal, Inc. —Blaine, MN Tennis Roll Off, LLC—St. Paul Park, MN Veolia Environmental Services—St. Paul, MN (changed name from Onyx Waste Systems) - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Robert A. Lambert, Director Park Use Ordinance Revision Parks and Recreation Requested Action Move to: Approve the second reading of an Ordinance amending City Code Chapter 9, Section 9.04, relating to rules and regulations governing parks and adopt resolution approving summary ordinance for publication. Synopsis The attached ordinance will provide the City the ability to control use of City parks by large organized groups and will restrict any non-resident large groups from use of the parks, and will eliminate any"for profit" group from using City park land for the purpose of operating a"for profit" business. Background This item was originally reviewed at the November 6 meeting of the Parks, Recreation and Natural Resources Commission and was continued to the December 4 meeting, after commission members requested staff to provide a copy of the ordinance that more clearly defines which items were deleted or added to the previous ordinance relating to park use. Attached to this memorandum is a copy of the November 6 memorandum to the Parks, Recreation and Natural Resources Commission describing current conflicts with large groups, mainly from outside the City of Eden Prairie visiting City parks unannounced and causing conflicts with those groups that have reserved the park. As well as a colored copy of section 9.04 rules and regulations governing public parks with revisions to the ordinance clearly underlined and color coded. At the December 4 meeting, the Parks, Recreation and Natural Resources Commission unanimously recommended approval of these changes. Attachments • Ordinance Chapter 9, Section 9.04 • Summary Ordinance • Resolution Approving Publication of Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS 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: WHEREAS, it is in the best interest of the public health, safety and general welfare of the people of the City of Eden Prairie that certain types of park use be prohibited so as to best protect and assist the owners, employees and patrons thereof and the public in general, City Code Chapter 9 is amended as follows: Section 1. City Code Section 9.04, Subdivision 2. Definitions is amended by adding items K., L. and M. as follows: K. "Non-resident sponsored group" means two or more persons who engage in a cooperative or coordinated activity in or on a park and who are sponsored, or organized by, or under the direction or control of, one (or more)person(s), business(es) or non-profit organization(s) or other entity ("Sponsor"), for the purpose of engaging in a cooperative or coordinated activity in or on a park. A Sponsor as used in this definition does not include a(a)natural person who is a resident of the City or(b)business or non-profit organization which, (i) conducts a business, service or activity and(ii) occupies and maintains a physical property having an address, within the City. L. "Resident sponsored large group"means more than 20 persons who engage in a cooperative or coordinated activity in or on a park and who are sponsored, organized by, or under the direction or control (for the purpose of engaging in a cooperative or coordinated activity) of, a(or more) natural person(s),who is a resident of the City or a business(es), non-profit organization(s) or other entity, which (a) conducts or provides a business, service or activity and(b) occupies and maintains a physical property having an address within the City M. "Large group use facilities"means the following facilities within the City's parks: All park shelters larger than 200 square feet, trails, and all athletic fields, and courts. Section 2. City Code Section 9.04, Subdivision 5. Permits is amended by adding a sentence to the end of section A. as follows: Issuance of a permit shall be subject to and governed by the policies and guidelines for community use of parks and recreation rental facilities as adopted by the Council from time to time. Section 3. City Code Section 9.04, Subdivision 5. Permits, Section C. is amended by adding number 5. as follows: 5. The proposed activity or use will not be contrary to the policies and guidelines for community use of parks and recreation rental facilities as adopted by the Council from time to time. Section 4. City Code Section 9.04, Subdivision 5. Permits is amended by adding to Section D. as follows: D. Use of a Park by the holder of, and pursuant to, a permit shall have priority over use by any other person. Section 5. City Code Section 9.04, is amended by adding Subdivision 7 and Subdivision 8 as follows: Subd. 7. Non-Resident Sponsored Group Use Prohibited. Use of a park by a Non-resident sponsored group is prohibited. Subd. 8. Permits Required for Resident Sponsored Large Group. Use of a Large group use facility by a Resident sponsored large group is prohibited without first obtaining a permit for the use of a park. Section 6. 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 through 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 16th day of January, 2007, and finally read and adopted and ordered published at the regular meeting of the City Council of said City on the 6th day of February, 2007. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on the day of , 2007. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. Summary: The amendment will prohibit the use of Eden Prairie parks by large, non- resident sponsored groups and will require reservations by resident sponsored groups larger than twenty persons; and will provide the City with the ability to control use of the City's parks by large, organized groups and will restrict any non-resident large groups from use of parks, and will eliminate any"for-profit" group from using City park land for the purpose of operating a for-profit business. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on . (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2007 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2007 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 6th day of February, 2007. NOW THEREFOR4E, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2007 is lengthy and contains charts. B. The text of summary of Ordinance No. _-2007, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2007 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on February 6, 2007. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A SUMMARY OF ORDINANCE -2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. Summary: The amendment will prohibit the use of Eden Prairie parks by large, non-resident sponsored groups and will require reservations by resident sponsored groups larger than twenty persons; and will provide the City with the ability to control use of the City's parks by large, organized groups and will restrict any non-resident large groups from use of parks, and will eliminate any"for-profit" group from using City park land for the purpose of operating a for- profit business. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on . (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5586 ITEM NO.: VII.C. Jim Richardson Resolution Authorizing Acquisition of Public Works /Engineering Easements for Valley View Road Trail Improvements Requested Action Move to: Adopt the resolution authorizing the City Engineer and City Attorney to pursue the acquisition of easements for the construction of Valley View Road trail improvements. Synopsis This process is necessary to obtain easements from the Bluffs at Nine Mile Creek managed by Eden Prairie Leased Housing Association. Background Information The City Council entered into a Professional Services Agreement with S E H in October of 2006. This proposed trail improvement will extend the existing trail,which ends just south of Flying Cloud Drive, along the north side of Valley View Road to the westerly trail extension from Golden Triangle Drive. The project is part of the City's Capital Improvement Plan and will be financed accordingly. Attachments • Resolution • Exhibit showing the affected property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR VALLEY VIEW ROAD TRAIL IMPROVEMENTS I.C. #02-5586 WHEREAS, the Eden Prairie City Council previously approved design work on Valley View Road and Trail improvements (I.C. 02-5586); and WHEREAS, an easement over adjoining property will be required to construct the improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City Engineer and City Attorney are hereby authorized to acquire the necessary easement, by negotiation or condemnation, on the following property: Parcel 12-116-22-24-0011 ADOPTED by the Eden Prairie City Council on February 6, 2007. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 'flag i._uf kr 1\ltoc ?Aug (ErEv. .--' , „ . ...../v (...::::::i.......)1...4 „-----"--- ,--7„ 1-,. i...i,....:.;i::. „ , s ., 0 .7 . 1 A.- ...... .1..,.....,..._. i8 2„ WESTERLY EXTENSION OF ''. , .4•-•'4 ./.....z.,-, .1 -•--..,... " .X78 .. ...:..--- S.'LINE OF LOT 1 BLOCK 2 WLSON RIDGE / N./.101;14 ,..,4* 'L._._._:: _'''•-,..... -:.,...:... - - - / / / 4 / / 4 :-/' Li I / „ • WESTERLY UNE (..) / OUTLOT E 9 / 70 1.2".• a i --1 . ......... ..: gi I ....... I CO ,..9 I .1 ...... 0 :.... td I 17) • 1 i ‘ . ,. I 0 : ,.--..SCENIG PRESERVATION....•." ......... c° ...) EASEMENT PER DOC.NO. 4956150N ':::f.":!,.i f.11:' :::•.: 1 :•• I s t,:••;,; I -,....f'. I I ..f...*: i . 1 " C) I is, i 40° I I CV The north lino of the Northeast Quarter Z „.,% of the Southwest Quarter of (../) i „4,..... Section bitt,2 7118 R22 is assumed 87 degrees 13 minutes 08 seconds East. / 1.7 : 1N. ......• / /aa/ / I 03 4 03 tz / L.;..I ........ 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',// 4' / :;,.,.. ,ej,,,,,,,,/,.. ‘ i /.12:/•;:,:- 7/.,...z,..:.:::OUNTY ROAD NO. 39 .; , i 44/or Rii. .......„ /S1 / IIII4 0.*try / --iiriiiet— / 4•';' s/1. .--- „,.4 ,, ---- I .. ii, : .1 • / 491 /// / 7 / ..:1::. /;:.4*.t'••,‘'....•:::N • s 4.-60.31?,g 69 -JO , . •••..: .." II 2..>•., -t....L 4,7-.IP V:^ . /SOUTH LINE OF NORTH 511.10 FEET . , 'I,Z,..7><,>o ' -----,i5.3.phe,s. ..,,it-..........-.TOF NE1/4 SW1/4 SECTKNI 12 '-'••••.::..... .4:1,2_ .)0 iki. • . -. ! )..! ....,, / •..../-------- -... 1•••••••'c ......./............2•..L=81.03 -... / 6=112'24" 1 I t '-'--,. 001-.. / 0 100 200 300 ,2...V1- ) / R=2897.79 ,>. SCALE IN FEET / /. e DENOTES 1/2 INCH X 14 INCH IRON MONUMENT SET ..:.• 1 ''...--71't? / AND MARKED BY R.L.S.NO. 23682 '-':•.1, tn / • DENOTES MONUMENT FOUND / / __._..- ..- ..--.- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.D. Eugene A. Dietz Rescind Special Assessments for The Public Works Cove 2nd Addition Requested Action Move to: Rescind Special Assessments for trunk sewer/water and connection fees levied against Lots 12 & 13, Block 1, The Cove, and authorize reimbursement to the verified "payor" of the assessment. Synopsis In 2003, LaMettry and Vickerman received approval for the subdivision of two existing lots into three lots--to be called The Cove 2nd Addition. As is customary, special assessments for trunksewer and water, as well as connection fees to connect to the existing sanitary sewer, were levied against the existing lots, for collection beginning in 2004. Subsequently, Mr. Vickerman passed away and the subdivision will not be finalized. Both of the existing lots have been sold and the levied special assessments were pre-paid as a condition of sale. This action by City Council will authorize staff to reimburse the actual amount of assessments paid. Prior to release of the funds, staff will verify that the party making payment will be the recipient. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5682 ITEM NO.: VII.E. Jim Richardson Resolution Authorizing Acquisition of Public Works /Engineering Easements for Eden Prairie Road Trail Improvements Requested Action Move to: Adopt the resolution authorizing the City Engineer and City Attorney to pursue the acquisition of easements for the construction of Eden Prairie Road trail improvements. Synopsis This process is necessary to obtain easements from the properties that adjoin Eden Prairie Road from Baywood Lane to West 62"d Street. Background Information The City Council entered into a Professional Services Agreement with HTPO in September of 2006. This proposed trail improvement will extend the existing trail, which ends at Purgatory Creek on the north side of Eden Prairie Road, to the existing trail at West 62nd Street. The trail will allow access from neighborhoods on the south side of Eden Prairie Road to the new segments of trail. Attachments • Resolution • Exhibit showing the affected property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR EDEN PRAIRIE ROAD TRAIL IMPROVEMENTS I.C. #06-5682 WHEREAS, the Eden Prairie City Council previously approved design work on Eden Prairie Road and Trail improvements (I.C. 06-5682); and WHEREAS, easements over adjoining properties will be required to construct the improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City Engineer and City Attorney are hereby authorized to acquire the necessary easement, by negotiation or condemnation, on the following property: Parcel Numbers: 04-116-22-21-0003 04-116-22-23-0040 04-116-22-21-0005 04-116-22-24-0001 04-116-22-21-0023 04-116-22-24-0025 04-116-22-21-0024 04-116-22-32-0014 04-116-22-21-0025 05-116-22-41-0034 04-116-22-21-0029 05-116-22-41-0035 04-116-22-21-0031 05-116-22-41-0036 04-116-22-21-0032 05-116-22-41-0037 04-116-22-21-0033 05-116-22-41-0044 04-116-22-21-0034 05-116-22-41-0062 04-116-22-21-0035 05-116-22-41-0063 04-116-22-21-0037 05-116-22-41-0064 04-116-22-23-0001 05-116-22-41-0065 04-116-22-23-0026 05-116-22-41-0069 04-116-22-23-0038 05-116-22-41-0075 04-116-22-23-0039 05-116-22-44-0031 ADOPTED by the Eden Prairie City Council on February 6, 2007. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Cp �4 **,.._::::::_,:-:-":"---_-:::..011. - ,s, o ._.. .,,�a COUNTY ROAD 4 TRAIL . . „ , ..,.. . t . EDEN Cityof Eden Prairie �� `•,.�_�SLANo'� * o. ..,:r -0, - ,,. ;,,,,,, / cp,„:., , 0 . 4: '' " PRAIRIE 1i �. BIRC .,a 0 o eoo Parks and Natural Resources 4,o�R�opF �, RARK ° Air„,,,, II -CROSSWALK w Pa A m / Sb7.46l*'' ''':::::•,,,,,,,,,.,:::::1 **to/4 . i1 • %e _ .> v�maw__ _ = Ty ROA0r4 )'QC�" GO-_,-/ 1r .Q GOU q/ ‘ p• P G -i `w 9 —lit/ ' 9s A pRiA� WOOD Ow �_ / 'qr J 63 / TWLN,,,jILES & "g"' r"a WESTERN RAILROAD ____ y�,TRAIL----— `e 0 200 f^ 000 600 ` �� TRAIL TO BE CONSTRUCTED ON WEST SIDE i/:.� TRAIL TO BE CONSTRUCTED ON EAST SIDE i hi1<cR rrrnNwsasPM POTENTIAL FUTURE TRAIL / Fsr PREPARED BY: i / <�NF ® EXISTPNG TRAIL 11 Hansen Thorp !'..��''�� Pellinen Olson Inc. ' `J Engineers•Surveyors•Landscape Architects \\ �,.� 08/03/06 \' CITY COUNCIL AGENDA DATE: SECTION: Consent February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.F. Scott Neal, City Manager 2007 City Council Travel Plan Requested Action Move to: Approve the 2007 City Council Travel Plan. Synopsis The State Legislature adopted a new law in their 2005 legislative session which directed local units of government to adopt policies governing out-of-state travel by elected officials. The City Council adopted a new travel policy for elected officials in November 2005. The travel policy requires the Council to adopt an annual conference travel plan. For 2007, I recommend the City Council preauthorize its members for budgeted travel, and participation in events, conferences, and meetings organized or sponsored by: • League of Minnesota Cities • Association of Metropolitan Municipalities • Municipal Legislative Commission • Southwest Cable Television Commission • 494 Corridor Commission • League of Minnesota Cities Insurance Trust • Eden Prairie Chamber of Commerce • Sensible Land Use Coalition • Southwest Metro Transit Commission • Southwest Transportation Coalition • National League of Cities • U.S. Conference of Mayors CITY COUNCIL AGENDA DATE: SECTION: Consent February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.G. Shuldiess Estate Release of Claims and Settlement Scott Neal, City Manager Agreement Requested Action Move to: Authorize the Mayor and City Manager to execute the Settlement Agreement and Release of Claims for Shuldiess Estate Matter Synopsis The estate of the late Kathleen Shuldheiss filed a quiet title action in District Court to resolve the location and right-of-way of the public road that separates the Shuldheiss property from Riley Lake. This property is directly adjacent to Riley Lake Park. The public road serves as a public access to the park and public boat launch. City staff and legal counsel have reviewed the proposed settlement agreement. We believe the settlement agreement satisfactorily resolves the issue in a manner that is in the best interest of the public. Staff and counsel recommend City Council approval of the motion. Attachments Release of Claims Settlement Agreement and Release of Claims Stipulation, Findings of Fact, Conclusions of Law, Order and Judgment RELEASE OF CLAIMS In consideration of the Settlement Agreement dated , 2007, in the matter of Michael J. Foster and Douglas A. Krull, as Personal Representatives of the Estate of Kathleen L. Shuldheiss v. City of Eden Prairie, Ernie Shuldheiss, Bank of America, FSB, Bearpath Golf& Country Club, LP, Hennepin County Court File No. 27-CV-06-13450, the Personal Representatives of the Estate of Kathleen L. Shuldhiess, Plaintiff in this matter, undersigned, hereby release, on Plaintiff's behalf and on that of its agents, heirs, beneficiaries, devisees, and assigns in interest, and forever discharge all claims, lawsuits, damages of all manner and description, whether known or unknown, including all claims for reimbursement of attorney fees they may have against the City of Eden Prairie, its employees, officers, and agents, as of the date of this Release related to this, and all issues raised, or that could have been raised therein, including, without limitation, rights to appeal entry of any Order of Judgment herein. Plaintiff Estate of Kathleen L. Shuldhiess: Dated: , 2006 By: Michael J. Foster Its: Personal Representative Dated: , 2006 By: Douglas A. Krull Its: Personal Representative STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNPIN FOURTH JUDICIAL DISTRICT Case Type: 14 Other Civil—Quiet Title Michael J. Foster and Douglas A. Krull, Court File No. 27-CV-06-13450 as Personal Representatives of the Judge: Thomas W. Wexler Estate of Kathleen L. Shuldhiess, Plaintiffs, SETTLEMENT AGREEMENT and RELEASE OF CLAIMS v. City of Eden Prairie, Ernie Shuldhiess, Bank of America, FSB, Bearpath Golf& Country Club, LP, Defendants. WHEREAS, Plaintiffs, the Estate of Kathleen L. Shuldhiess, has commenced a Quiet Title action concerning Defendant the City of Eden Prairie's property legally described as: All that part of Government Lot 3, Section 19, Township 116 North, Range 22 West of the 5th Principal Meridian, described as follows: Beginning at the intersection of the Northerly Right of Way line of the Minneapolis & St. Louis Railway with the center line of the township road as now located; thence North 05 degrees 45 minutes East a distance of 171.6 feet to the point of beginning; thence due West a distance of 51.5 feet to the shore of Riley Lake; thence Northeasterly along said shore of Riley Lake a distance of 52.8 feet; thence due East a distance of 224.1 feet to the Northerly Right of Way line of the Minneapolis & St. Louis Railway; thence Southwesterly along said Right of Way line a distance of 67.9 feet; thence due West a distance of 143.0 feet to the point of beginning. WHEREAS, Plaintiffs conveyed property legally described as: All that part of Government Lot 3, Section 19, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the most easterly corner of Outlot E, BEARPATH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, said corner being a point on the southerly right of way line of the Minneapolis & St. Louis Railway; thence North 45 degrees 32 minutes 31 seconds West, assumed bearing along a line which is measured at a right angle to said southerly right of way line a distance of 100.00 feet to the northerly right of way line of said Minneapolis & St. Louis Railway; thence North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 101.83 feet to the point of beginning of the land to be described; thence continuing North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 123.92 feet; thence North 89 degrees 16 minutes 40 seconds West a distance of 308.30 feet, more or less, to the shore of Lake Riley; thence southwesterly along said shore of Lake Riley a distance of 90.7 feet, more or less, to an intersection with a line which bears North 89 degrees 16 minutes 40 seconds West from said point of beginning; thence South 89 degrees 16 minutes 40 seconds East along said line a distance of 237.3 feet, more or less, to said point of beginning. (referred to herein as the "Property") to a third party, or third parties (hereinafter referred to as "Purchasers"), pursuant to a personal representative's deed, dated June 9, 2005, and recorded July 14, 2005, in the office of the Hennepin County Recorder as document number 8616103 (hereinafter referred to as "PR Deed 8616103," or the "Deed"); and WHEREAS, Plaintiffs, pursuant to prior agreement with the Purchasers purchasing the Property pursuant to PR Deed 8616103, seeks Reformation of the Deed; and WHEREAS, Plaintiffs commenced this action seeking to reform the legal description of the Property in PR Deed 8616103 to read as follows: All that part of Government Lot 3, Section 19, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the most easterly corner of Outlot E, BEARPATH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, said corner being a point on the southerly right of way line of the Minneapolis & St. Louis Railway; thence North 45 degrees 32 minutes 31 seconds West, assumed bearing along a line which is measured at a right angle to said southerly right of way line a distance of 100.00 feet to the northerly right of way line of said Minneapolis & St. Louis Railway; thence North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a 2 distance of 101.83 feet to the point of beginning of the land to be described; thence continuing North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 123.92 feet; thence North 89 degrees 16 minutes 40 seconds West a distance of 308.30 feet, more or less, to the shore of Lake Riley; thence southwesterly along said shore of Lake Riley a distance of 90.7 feet, more or less, to an intersection with a line which bears North 89 degrees 16 minutes 40 seconds West from said point of beginning; thence South 89 degrees 16 minutes 40 seconds East along said line a distance of 237.3 feet, more or less, to said point of beginning. WHEREAS, the City of Eden Prairie has and maintains a 66-foot wide easement for purposes of public road right of way and utility purposes described as follows: Subject to a 66-foot wide easement for road and utility purposes, the centerline of said easement described as follows: Beginning at a point on the northerly line of the herein described property 258.66 feet westerly of the northeast corner thereof measured along said northerly line, thence southerly to a point on the southerly line thereof 182.54 feet westerly of the southeast corner thereof measured along said southerly line and there terminating, the sidelines of said easement extended and shortened to terminate on said northerly and southerly lines. (hereinafter referred to as the "Easement"). Which language is to be added to the legal description of the Property as stated in any reformation of PR Deed 8616103; and WHEREAS, the City of Eden Prairie does not, for its part, object to, or oppose, the reformation sought by Plaintiffs, so long as the Property remains subject to the City's Easement; and WHEREAS, it is to the advantage of Plaintiffs, Purchasers, and Defendant the City of Eden Prairie, to settle this matter by agreement and stipulation. NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff, and the City of Eden Prairie: 3 1. The City of Eden Prairie does not oppose the reformation of PR Deed 8616103 as stated herein; 2. Any such reformation shall include the description of the Easement as stated herein as; All that part of Government Lot 3, Section 19, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the most easterly corner of Outlot E, BEARPATH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, said corner being a point on the southerly right of way line of the Minneapolis & St. Louis Railway; thence North 45 degrees 32 minutes 31 seconds West, assumed bearing along a line which is measured at a right angle to said southerly right of way line a distance of 100.00 feet to the northerly right of way line of said Minneapolis & St. Louis Railway; thence North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 101.83 feet to the point of beginning of the land to be described; thence continuing North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 123.92 feet; thence North 89 degrees 16 minutes 40 seconds West a distance of 308.30 feet, more or less, to the shore of Lake Riley; thence southwesterly along said shore of Lake Riley a distance of 90.7 feet, more or less, to an intersection with a line which bears North 89 degrees 16 minutes 40 seconds West from said point of beginning; thence South 89 degrees 16 minutes 40 seconds East along said line a distance of 237.3 feet, more or less, to said point of beginning. Subject to a 66-foot wide easement in favor of the City of Eden Prairie for road and utility purposes, the centerline of said easement described as follows: Beginning at a point on the northerly line of the herein described property 258.66 feet westerly of the northeast corner thereof measured along said northerly line, thence southerly to a point on the southerly line thereof 182.54 feet westerly of the southeast corner thereof measured along said southerly line and there terminating, the sidelines of said easement extended and shortened to terminate on said northerly and southerly lines. 3. Plaintiffs' action, Hennepin County Court File No. 27CV06-13450, is hereby settled and compromised; 4 4. Each party waives the right to further or future hearings or right of appeal concerning these matters; 5. Plaintiffs shall execute the Release of Claims attached hereto as Exhibit A; 6. This Settlement Agreement represents the mutual and respective wishes of the parties hereto, and shall be the full and final settlement of this matter, to the exclusion of any and all other agreements, oral or otherwise, unless attached to, and incorporated herein specifically, by reference; 7. Should either party hereto fail or refuse to comply with any term hereof or obligation hereunder, the other party may avail itself of all remedies available at law and equity. Any party so failing or refusing to comply shall pay all costs, fees, and disbursements, including attorney fees, incurred by the other party in seeking enforcement of this Settlement Agreement. 8. It is the parties' mutual wish that this Settlement Agreement shall be binding upon, and inure to, the benefit of Plaintiffs and Defendants, and their respective successors in interest, heirs, and assigns. WHEREFORE, the parties hereto, through the undersigned, have caused this Settlement Agreement to be executed this day of , 2007. Plaintiff: Dated: , 2007 By: Michael J. Foster Personal Representative, Estate of Kathleen L. Shuldhiess Dated: , 2007 By: Douglas A. Krull Personal Representative, Estate of Kathleen L. Shuldhiess 5 Defendant City of Eden Prairie: Dated: , 2007 By: Its: Dated: , 2007 By: Its: P:\Home\EP\Litigation\Estate of Kathleen Shuldhiess\Settlement Documents\Stipulated Settlement Final.doc 6 Exhibit A Release of Claims 7 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case type: 14 Other Civil— Quiet Title Michael J. Foster and Douglas A. Krull, Court File No. 27-CV-06-13450 as Personal Representatives of the Judge: Thomas W. Wexler Estate of Kathleen L. Shuldhiess, Plaintiff, STIPULATION BETWEEN ESTATE v OF KATHLEEN L. SHULDHIESS AND CITY OF EDEN PRAIRIE City of Eden Prairie, Ernie Shuldhiess, AND FINDINGS OF FACT, Bank of America, FSB, Bearpath Golf& CONCLUSIONS OF LAW, Country Club, LP, ORDER AND JUDGMENT Defendants. STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, Michael J. Foster and Douglas A. Krull, as Personal Representatives of the Estate of Kathleen L. Shuldhiess, and Defendant, City of Eden Prairie, through their undersigned attorneys, that any and all claims asserted against each other in this action have been fully compromised and settled pursuant to Settlement Agreement and Release of Claims dated January , 2007. Plaintiff, Michael J. Foster and Douglas A. Krull, as Personal Representatives of the Estate of Kathleen L. Shuldhiess, and Defendant, City of Eden Prairie, through their undersigned attorneys, further stipulate and agree to entry of the Findings of Fact, Conclusions of Law, Order and Judgment attached herein. 1 GREGERSON, ROSOW, JOHNSON & NILAN, LTD. Dated: , 2007 Jon R. Steckler (#0322453) 1600 Park Building 650 Third Avenue South Minneapolis, MN 55402.4337 Tel. 612.436.7478 Attorneys for Defendant City of Eden Prairie BEISEL & DUNLEVY, P.A. Dated: , 2007 Kalli L. Ostlie (#0329678) Bradley N. Beisel (#6191) 282 U.S. Trust Building 730 Second Avenue South Minneapolis, MN 55402 Tel. 612.436.0019 Attorneys for Plaintiff Bank of America, N.A. 2 FINDINGS OF FACT 1. This action involves real property located in Hennepin County, Minnesota, commonly known as 9291 Riley Lake Road, Eden Prairie, Minnesota 55347, and legally described as: All that part of Government Lot 3, Section 19, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the most easterly corner of Outlot E, BEARPATH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, said corner being a point on the southerly right of way line of the Minneapolis & St. Louis Railway; thence North 45 degrees 32 minutes 31 seconds West, assumed bearing along a line which is measured at a right angle to said southerly right of way line a distance of 100.00 feet to the northerly right of way line of said Minneapolis & St. Louis Railway; thence North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 101.83 feet to the point of beginning of the land to be described; thence continuing North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 123.92 feet; thence North 89 degrees 16 minutes 40 seconds West a distance of 308.30 feet, more or less, to the shore of Lake Riley; thence southwesterly along said shore of Lake Riley a distance of 90.7 feet, more or less, to an intersection with a line which bears North 89 degrees 16 minutes 40 seconds West from said point of beginning; thence South 89 degrees 16 minutes 40 seconds East along said line a distance of 237.3 feet, more or less, to said point of beginning. (the "Subject Property" or "New Legal Description"). 2. As evidenced by warranty deed to James J. Shuldhiess and Kathleen L. Shuldhiess, dated July 15, 1955, recorded August 17, 1955 in the office of the Hennepin County Recorder as document number 2960297, the Subject Property was formerly described as: All that part of Government Lot 3, Section 19, Township 116, Range 22, described as follows: Beginning at the intersection of the Northerly right of way line of the Minneapolis & St. Louis Railway with the center line of the township road as now located; thence North 05 degrees, 45 minutes East a distance of 221.6 feet to the point of beginning; thence due West a distance of 38.0 feet to the shore of Riley Lake; thence Northeasterly along said shore of Riley Lake a distance of 101.0 feet; thence 3 due East a distance of 301.2 feet to the Northerly right of way line of the Minneapolis & St. Louis Railway; thence Southwesterly along said right of way line, a distance of 135.8 feet; thence due West a distance of 186.1 feet to the point of beginning, except the North 10 feet thereof ("Former Legal Description"). 3. The Former Legal Description contained ambiguities and does not adequately reflect and describe the real estate that James J. Shuldhiess and Kathleen L. Shuldhiess have occupied since July 15, 1955. 4. Subsequent to the death of James J. Shuldhiess and Kathleen L. Shuldhiess, the Shuldhiess Estate gave a personal representative's deed to Todd Jackson and Matt Castle for the Subject Property, dated June 9, 2005, recorded July 14, 2005 in the office of the Hennepin County Recorder as document number 8616103 ("PR Deed"). The PR Deed used the New Legal Description. 5. James J. Shuldhiess and Kathleen Shuldhiess had established title to the New Legal Description by adverse possession through their occupancy of the New Legal Description in an actual, open, hostile and continuous manner since July 15, 1955, and for at least fifteen years. 6. The Shuldhiess Estate gave warranties of title with the PR Deed, and agreed to commence an action to quiet title to the New Legal Description. 7. Due to a typographical error, the PR Deed failed to express the real intentions of the parties, and the New Legal Description was mistakenly shown as: All that part of Government Lot 3, Section 19, Township 116, Range 22, Hennepin County, Minnesota, described as follows: 4 Commencing at the most easterly corner of Outlot E, BEARPATH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, said corner being a point on the southerly right of way line of the Minneapolis & St. Louis Railway; thence North 45 degrees 32 minutes 31 seconds West, assumed bearing along a line which is measured at a right angle to said southerly right of way line a distance of 100.00 feet to the northerly right of way line of said Minneapolis & St. Louis Railway; thence North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 101.83 feet to the point of beginning of the land to be described; thence continuing North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 123.92 feet; thence North 89 degrees 16 minutes 30 seconds West a distance of 308.30 feet, more or less, to the shore of Lake Riley; thence southwesterly along said shore of Lake Riley a distance of 90.7 feet, more or less, to an intersection with a line which bears North 89 degrees 16 minutes 40 seconds West from said point of beginning; thence South 89 degrees 16 minutes 30 seconds East along said line a distance of 237.3 feet, more or less, to said point of beginning. 8. The parties to the PR Deed intended for the New Legal Description to show "40 seconds" throughout the description. 9. Defendant, City of Eden Prairie, is a Minnesota municipal corporation ("City"), and is the current fee owner of real property adjacent to and southerly of the Subject Property, commonly known as 9301 Riley Lake Road, Eden Prairie, Minnesota 55347. 10. The City has a 66-foot wide easement for road and utility purposes on the Subject Property, the centerline of said easement described as follows: Beginning at a point on the northerly line of the herein described property 258.66 feet westerly of the northeast corner thereof measured along said northerly line, thence southerly to a point on the southerly line thereof 182.54 feet westerly of the southeast corner thereof measured along said southerly line and there terminating, the sidelines of said easement extended and shortened to terminate on said northerly and southerly lines. ("Road Easement") 5 11. For more than fifteen years immediately prior to the commencement of this action, the commonly accepted boundary line between the Subject Property and the City property has been the southerly border of the New Legal Description. 12. The Shuldhiess Estate is entitled to an order fixing the boundary line as such, and quieting title to the New Legal Description free of any interest of the City other than the interest the City has in the Road Easement. 13. Also at issue in this action is a flowage easement described in deed recorded March 6, 1912 as document number 628348 in Book 721 of Deeds, page 1 14 ("Flowage Easement"), which purportedly created a right of flowage in and use for drainage of a ditch running through a large portion of land legally described as: All that part of Lot 3, Section 19, Township 116, Range 22, which lies West and North of Minneapolis and St. Louis Railway, except that part thereof heretofore sold and conveyed by first party to Edward Good. ("Burdened Parcel") 14. The Burdened Parcel encompasses a vast amount of land and includes the Subject Property. 15. The Flowage Easement purports to benefit a parcel of land legally described as: Beginning at the Northeast corner of Lot 3; thence South to the Southeast corner of said lot; thence West to center line of County Road; thence Northerly along center of said road to its intersection with Southerly line of right of way of the Minneapolis & St. Louis Railroad; thence Northeasterly along said right of way to North line of Lot 3; thence East to beginning, except road; being a part of Lot 3, Section 19, Township 116, Range 22. ("Benefited Parcel") 6 16. The City owns land located within the Benefited Parcel, more particularly described as portions of Outlots D and E, Bearpath Addition. 17. The City and its predecessors in title to the Benefited Parcel have not used or sought to enforce any right, claim, interest, or encumbrance against the Subject Property as a result of the Flowage Easement for the last forty years or more. 18. The Flowage Easement ceased to exist when prior owners of the Burdened Parcel came into title to the Benefited Parcel via deed recorded April 24, 1939 as document number 1969624. 19. There is no longer a need for the Flowage Easement, and there is no visible indication of the Flowage Easement running through the Subject Property. 20. The City and its predecessors in title to the Benefited Parcel have abandoned any interest they may have had in the Flowage Easement, and the Shuldhiess Estate is entitled to an order determining that the City has no right, title, estate, interest, lien or encumbrance in or upon the Subject Property, other than the interest the City has in the Road Easement. CONCLUSIONS OF LAW 1. The legal description in personal representative's deed document number 8616103 is reformed from: All that part of Government Lot 3, Section 19, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the most easterly corner of Outlot E, BEARPATH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, said corner being a point on the southerly right of way line of the Minneapolis & St. Louis Railway; thence North 45 degrees 32 minutes 31 seconds West, assumed bearing 7 along a line which is measured at a right angle to said southerly right of way line a distance of 100.00 feet to the northerly right of way line of said Minneapolis & St. Louis Railway; thence North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 101.83 feet to the point of beginning of the land to be described; thence continuing North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 123.92 feet; thence North 89 degrees 16 minutes 30 seconds West a distance of 308.30 feet, more or less, to the shore of Lake Riley; thence southwesterly along said shore of Lake Riley a distance of 90.7 feet, more or less, to an intersection with a line which bears North 89 degrees 16 minutes 40 seconds West from said point of beginning; thence South 89 degrees 16 minutes 30 seconds East along said line a distance of 237.3 feet, more or less, to said point of beginning. to: All that part of Government Lot 3, Section 19, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the most easterly corner of Outlot E, BEARPATH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, said corner being a point on the southerly right of way line of the Minneapolis & St. Louis Railway; thence North 45 degrees 32 minutes 31 seconds West, assumed bearing along a line which is measured at a right angle to said southerly right of way line a distance of 100.00 feet to the northerly right of way line of said Minneapolis & St. Louis Railway; thence North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 101.83 feet to the point of beginning of the land to be described; thence continuing North 44 degrees 27 minutes 29 seconds East along said northerly right of way line a distance of 123.92 feet; thence North 89 degrees 16 minutes 40 seconds West a distance of 308.30 feet, more or less, to the shore of Lake Riley; thence southwesterly along said shore of Lake Riley a distance of 90.7 feet, more or less, to an intersection with a line which bears North 89 degrees 16 minutes 40 seconds West from said point of beginning; thence South 89 degrees 16 minutes 40 seconds East along said line a distance of 237.3 feet, more or less, to said point of beginning. 2. That the above legal description is subject to a 66-foot wide easement in favor of the City of Eden Prairie for road and utility purposes, the centerline of said easement described as follows: Beginning at a point on the northerly line of the herein described property 258.66 feet westerly of the northeast 8 corner thereof measured along said northerly line, thence southerly to a point on the southerly line thereof 182.54 feet westerly of the southeast corner thereof measured along said southerly line and there terminating, the sidelines of said easement extended and shortened to terminate on said northerly and southerly lines. 3. Other than the road easement, the City of Eden Prairie, and anyone claiming through the City, has no right, title, estate, interest, lien or encumbrance in or upon the real property described in personal representative's deed document number 8616103. ORDER There being no just reason for delay, let judgment be entered in accordance with the above Stipulation, Findings of Fact, and Conclusions of Law. Dated: , 2007 Thomas W. Wexler Judge of District Court JUDGMENT I HEREBY CERTIFY THAT THE FOREGOING STIPULATION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER CONSTITUTES THE JUDGMENT OF THIS COURT. DATED: MARK THOMPSON COURT ADMINISTRATOR BY: Deputy 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.H. Police, Captain Mike Bosacker Approval of 2007 Towing Services Agreement Requested Action: Move to: Approve renewal of the Agreement for Towing Services between the City of Eden Prairie and Matt's Auto Service for 2007. Synopsis: This agreement for Towing Services will provide consistency of towing services and costs. Background Information: For 45 years Matt's Auto Service (6282 Industrial Drive, Eden Prairie) has been acting as the official towing agency for the City of Eden Prairie. Matt's Auto Service has consistently provided the City with quality service. Matt's Auto Service provides towing/impoundment services for several other local police depai liiients including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff, and State Patrol. This is a renewal of the 2006 agreement with no changes in fees and charges. The proposed agreement has been reviewed and approved by the City Attorney. Attachments: 2007 Agreement for Towing Services 2007 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this day of , 2007, between the City of Eden Prairie, Eden Prairie City Offices, 8080 Mitchell Road, Eden Prairie, MN 55344-2230 ("City"), and Matt's Auto Service, Inc., 6282 Industrial Drive, Eden Prairie, MN 55344 ("Contractor"). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide all services required by the City for towing of vehicles, as that term is defined in Minn. Stat. § 169.01, Subd. 2. These services shall be provided in accordance with the terms of this contract. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this contract. 2. Personnel. All drivers provided for the towing vehicles shall be checked for driver's license and warrants by the City's Police Department prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be within one mile of the City limits. 4. Operation. No vehicle shall be towed under this contract without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this contract, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall send, within 72 hours, by certified mail, to the registered owner a notice specifying the date and place of the tow, the year, make, model, and serial number of the vehicle towed, if such information can be reasonably obtained, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department shall not be released without written authorization from said department. Vehicles not kept on a "police hold" shall be released by the Contractor after obtaining proper proof of ownership and proof of current insurance coverage if the vehicle is to be driven out of the impound lot. The Contractor reserves the right to specify the manner of payment for all charges and fees. Contractor 1 agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 10:00 a.m. to 1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on Sundays and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the police department. 7. Towing and Storage Charges. A 24 hour towing rate schedule for the term of the agreement for City of Eden Prairie impounded vehicles is: TOWING RATES-POLICE IMPOUNDS Impounded vehicles $85.00/105.00 Trailering impounded vehicles (additional) $5 minimum Accidents $85.00/105.00* Lowboy& Tractor service $95/hour minimum Dollies (Additional) $25.00/45.00 Winching (Additional) $45 small truck $225 big truck* Semi truck tractors and trailers $100 minimum* On-scene additional labor charges $25.00/45.00/hour minimum *additional labor charges may be required depending on the specific equipment or labor needed at the scene. STORAGE RATES-POLICE IMPOUNDS Two wheel motor vehicles, mopeds, $28.00/day ATV's, and snowmobiles Other vehicles (ex large trucks) $45.00/day Inside storage $45.00/day Tractor-trailers, large trucks $45 - $65/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be impounded at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City of Eden Prairie area shall be towed without charge to the City, (b) vehicles towed and/or stored in error (at the request 2 of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor's expense pursuant to paragraph 10 of this Agreement. Any such fees charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and §169A.63 shall be towed and stored at the following rates: Vehicles released within 15 days of the impound and no longer subject to forfeiture will fall under the procedures and fees outlined in paragraphs 6 & 7; Vehicles held for forfeiture will be charged a flat fee of $200.00 for towing and storage for the first 60 days, and $5.00 per day storage beginning with the 61st day. These fees would apply to vehicles which were held for forfeiture and subsequently released back to the registered owner or lien holder after 15 days from the impound date had passed. Contractor will charge the City of Eden Prairie $12.00 per vehicle for owner notification and $12.00 per vehicle for Lien Holder notification to cover staff time and materials related to forfeited vehicles. If the owner/lien holder does not pick up the vehicle within 30 days of being notified by the contractor by certified mail to do so, and the vehicle has been stored over 60 days total, the vehicle may then be subject to the storage rates outlined in paragraph 7, beginning with the 31st day after receiving such notification. Release of such vehicles shall be governed by Minnesota Statutes §§609.531 to 609.5318 and §169A.63. Any storage or towing fees paid by the registered owner, which have already been paid by the City, shall be reimbursed to the City by the Contractor. A 9. Administrative Fees. The Contractor agrees to pay the City $4.00 for clerical and administrative expenses for each vehicle referenced in an impound towing report filed by the Police Department. These fees shall be paid semi-annually, June 30 and December 31, of each year for the preceding six month period. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 10. Records and Reports. Contractor shall prepare a semi-annual report of all vehicles towed, stored, released, and still held, in a form acceptable to the City. This report shall be forwarded to the police department at the same time as payment of the administrative fees referenced in paragraph 9. The report shall include the reasons why, if any, vehicles towed have not been released. All records of services provided by the Contractor pursuant to this agreement shall be available for inspection by the City upon request. 11. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor shall, with the permission of the Chief of Police, sell the vehicle at a sheriffs sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the semi-annual report referenced 3 above in paragraph 10. The Contractor shall keep records and prepare an annual summary report by January 31, 2007, of all losses and profits from the sale or disposal of vehicles towed pursuant to this agreement. 12. Liability. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time he, or his agent, takes custody of the vehicle, whether that be by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The Contractor shall be responsible for the safe keeping of personal property, within or on the vehicle, as identified on the vehicle impound form. 13. Indemnification. The Contractor shall indemnify, hold harmless and defend the City, its employees and agents from, and against, all claims, damages, losses and expenses, including attorneys' fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including loss of use, as a result of the fault of the Contractor, its employees, agents or subcontractors in the breach or performance of this agreement. 14. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load As required by fed/state laws Worker's Compensation Statutory Employer's Liability $100,000/$500,000/$100,000 Bodily Injury & $100,000 each occurrence Property Damage Fire & Theft $30,000 each occurrence Garagekeeper Liability $30,000 each occurrence The insurance shall cover all operations under this contract, whether undertaken by himself, subcontractors or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired and non-owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 13. All insurance policies required by this requirement shall include a provision that provides that the policy may not be canceled, terminated, or reduced except upon thirty(30) days written notice to the City. The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate. 15. Non-Discrimination. The Contractor agrees during the life of this contract not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis prohibited by 4 federal, state or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this contract. 16. Subcontractors. The Contractor shall not subcontract all or any portion of this contract without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by, and covered by, all terms of this agreement. 17. Agreement Period. This Agreement shall commence on January 1, 2007, and terminate on January 15, 2007. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of both City and Contractor. This agreement may also be terminated by either party upon fifteen (15) days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 18. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the performance of this contract. Any violation shall constitute a material breach of this agreement and entitle the City to terminate this agreement. 20. Audit. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate. 21. Payment to Subcontractors. The Contractor shall pay any Subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the Subcontractor. The Contractor shall pay interest of one and one- half percent (11/2%) per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the Subcontractor. 22. Data Practices Act Compliance. The Contractor shall at all times abide by Minn. Stat. § 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Contractor. 23. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement. 5 24. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified, except in writing, signed by all parties. MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE By By Its Owner Its Mayor By Its City Manager Dated: Dated: 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.I. Robert A. Lambert, Director, Hennepin County Trails Grant Agreement Parks and Recreation Requested Action Move to: Approve agreement for cost participation for construction of the trail along County Road 4, north to CSAH 62. Synopsis Attached to this memorandum is an agreement for cost participation between the City of Eden Prairie and Hennepin County for cost participation from Hennepin for the trail project on the west side of CSAH 4 (Eden Prairie Road)between CSAH 62 (Townline Road) and Rainbow Drive, and also along the east of CSAH 4 between CSAH 62 and Birch Island Park and south of Birch Island Park to Park Terrace Drive and between Rainbow Drive and Baywood Lane. The estimated cost for this project is $915,000. Hennepin County is agreeing to reimburse the City $200,000 upon the completion of this project. Background The City is currently obtaining cost estimates for the necessary trail easements to complete this project. Once those trail easements have been secured, the City will authorize going out for bid on this project. Hopefully this project can be initiated by early summer and completed in 2007. City staff would caution initiating this project after mid-summer as it is unlikely this project could be completed this year and this project will affect drainage along County Road 4 that should be completed prior to the end of the construction year. Attachment Hennepin County Agreement for Cost Participation Agreement No. PW 03-49-07 County Project No. 0633 County State Aid Highway 4 City of Eden Prairie County of Hennepin AGREEMENT FOR COST PARTICIPATION THIS AGREEMENT, Made and entered into this day of , 2007, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS,the City has requested County participation in the costs of constructing a trail along the west side of CSAH 4 (Eden Prairie Road) between CSAH 62 (Townline Road) and Rainbow Drive, and also along the east side of CSAH 4 between CSAH 62 and Birch Island Park, and south of Birch Island Park to Park Terrace Drive, and between Rainbow Drive and Baywood Lane; and WHEREAS,the above mentioned west trail will connect to an existing trail at Rainbow Drive that extends south to the Eden Prairie High School; and WHEREAS,the construction of the afore referenced trails shall be identified and accomplished under City Project No. 6750 {County Project No. 0633) hereinafter referred to as the "Project"; and WHEREAS,the City or its agents will prepare plans and specifications for the construction of the Project, and will supervise construction of the Project; and WHEREAS,the City will request that the County approve the plans and specifications and that the County authorize the City to perform the work in accordance with said plans and specifications for said Project; and WHEREAS,the City or its agent has prepared an Engineer's Estimate of quantities and unit prices for the construction contract work in the amount of Nine Hundred Fifteen Thousand Dollars and No Cents ($915,000.00); and WHEREAS,the CSAH 4 trail is designated as a bikeway in both the Eden Prairie Comprehensive Park and Open Space Plan and the Hennepin County Bicycle Transportation Plan; and WHEREAS,the Project is eligible for participation under Hennepin County's bikeway cost participation policy; and - 1 - ��,�L Agreement No. PW 03-49-07 CSAH 4; C.P. 0633 WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The City or its agents shall prepare the necessary plans and specifications. The plans and specifications prepared by the City or its agents shall be approved by the County prior to construction of the Project. Said plans and specifications prepared by the City or its agents shall be designed according to County guidelines and practices, and consistent with the Mn/DOT"Bicycle Transportation Planning and Design Guidelines". Two (2) sets of approved plans shall be provided at no cost to the County prior to the start of any construction. II The City shall supervise construction of the Project and perform all required engineering, inspection and testing. The County Engineer or staff shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary, but shall have no responsibility for the supervision of the work. IH The County agrees that the City may make changes in the plans or in the character of said construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner consistent with the plans and specifications approved by the County. The County Engineer or designated representative shall have the opportunity to review any proposed changes to the plans and specifications prior to the work being performed. IV Upon completion of the Project the City shall notify the County and shall submit an invoice indicating the County's participating share of the Project. The City shall also submit complete documentation showing the City's total cost for the Project. Upon review and approval of the Project by the County Engineer or designated representative, the County shall reimburse the City the County's participating share of the construction costs. The City understands and agrees that the County's total cost participation in the costs of the Project will be - 2 - ��t L Agreement No. PW 03-49-07 CSAH 4; C.P. 0633 a lump sum amount of Two Hundred Thousand Dollars and No Cents ($200,000.00). The County will within forty five (45) days of said invoice, deposit with the City funds totaling the amount of said invoice. V All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. VI It is understood by the parties hereto that upon completion of the Project proposed herein, all improvements included in said Project shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at no expense to the County. The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the City owned improvements. The City's liability under this indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. VII Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability are governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. VIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided - 3 - L Agreement No. PW 03-49-07 CSAH 4; C.P. 0633 to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. IX In order to coordinate the services of the City with the activities of the County so as to accomplish the purpose of this Agreement, the County Engineer or a designated representative shall manage this Agreement on behalf of the County and shall serve as liaison between the County and the City. In order to coordinate the services of the County with the activities of the City so as to accomplish the purpose of this Agreement, the City Engineer or a designated representative shall manage this Agreement on behalf of the City and shall serve as liaison between the City and the County. X It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XI The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (THIS SPACE LEFT INTENTIONALLY BLANK) - 4 - �n,�L Agreement No. PW 03-49-07 CSAH 4; C.P. 0633 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator By Date: A si ant County Attorney (2-07 And: Date: _ Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director, Transportation Department and County Engineer Date: Date: - 5 - A- CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 6, 2007 ITEM DESCRIPTION: Vac. 06-06 DEPARTMENT/DIVISION: ITEM NO.: VIILA. Vacation of the drainage and utility Denise Christensen easement over all platted Lots and Blocks Public Works/Engineering in The Ridge At Riley Creek Requested Action Move to: • Close the Public Hearing; and • Adopt a resolution vacating the drainage and utility easement over all of Lots 1 through 17 inclusive, Block 1; Lots 1 through 11 inclusive, Block 2; Lots 1 through 6 inclusive, Block 3; Lots 1 through 5 inclusive, Block 4, The Ridge at Riley Creek. Synopsis The Property Owner and Developer has requested the vacation of the original drainage and utility easements on the above listed Lots as they have been replaced by new drainage and utility easements. Background Information The drainage and utility easements were originally dedicated in conjunction with the platting of The Ridge at Riley Creek subdivision. A portion of The Ridge at Riley Creek has now been replatted as The Ridge at Riley Creek 2nd Addition, approved by Council on June 20, 2006, and this plat provides new drainage and utility easements. The new drainage and utility easements allow for larger useable rear yard areas while maintaining the same Lot and Block designation as the original plat. The vacation will not result in conflicts with installed utilities. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- VACATION OF ALL THE DRAINAGE AND UTILITY EASEMENT OVER LOTS 1 THROUGH 17 INCLUSIVE, BLOCK 1; LOTS 1 THROUGH 11 INSLUSIVE, BLOCK 2; LOTS 1 THROUGH 6 INCLUSIVE, BLOCK 3; LOTS 1 THROUGH 5 INCLUSIVE,BLOCK 4, THE RIDGE AT RILEY CREEK VACATION 06-06 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easement described as follows: All of the Drainage and Utility Easement lying over, under and across Lots 1 through 17 inclusive, Block 1; Lots 1 through 11 inclusive, Block 2; Lots 1 through 6 inclusive, Block 3; Lots 1 through 5 inclusive, Block 4, The Ridge at Riley Creek, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, a Public Hearing was held on February 6, 2007, 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: All of the Drainage and Utility Easement lying over, under and across Lots 1 through 17 inclusive, Block 1; Lots 1 through 11 inclusive, Block 2; Lots 1 through 6 inclusive, Block 3; Lots 1 through 5 inclusive, Block 4, The Ridge at Riley Creek, according to the recorded plat thereof, Hennepin County, Minnesota 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 February 6, 2007. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk r11 ' ' ` © 0 W Riley tr �� /' CO �FER G�© g_c.„. Cr. ALTO 2 P�GOVE ©: WAY ;Y' CAR. TILIA STRATUS c 0'1,- C 1/1!. a °CT. CIRRUST tp .. ACORN /�/Dc A °- 0.1 CV F W LP N z ?C Q U `,/ QR. Q. co BEVER\Ty z w TURNBULL RD. o w SITE °R' 13 212 -' (U ------------------------ ) r. i c,„ ,,,,,,,,,, tVAC 06-06 NORTH LOCATION MAP • • THE RIDGE AT RILEY CREEK R.T.DDC.ND ..'C.ILET (.I.?NIX RI DC; 1 35+- C.R.DOC.NO ,A-1� ____- -----N00°18'57"W 1947.14----- A'Op'18'S2'W 6T9.16 '-t' T __ __ _ _ _ �� - .•� �a a� 0 r---- I-T- FAST LINE THE ORWTHfA51 IX/ARTfR OF IRE-T IY I 116.85 -- \I 111.60 ' ' - 161.99 --•- �. 100.00 t 115.00 xs.00 zs.00 / W I ; AOPTiMEST QUARTER p"SEC.19. SIP. 116,RC.TT n • I 1 \ I�ti )1. 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(SEE SHEET 3 OF 4 SHEETS) �, -.5'6a•,2 ( 1 2toR' w'V I o 0 DENOTES NON MONUMENT SET ., prp 54' T/1�•-MATCHPOINT aavcRacL WOOS OF cxT2K ao•+- Z nI : AND MARKED R.L.S.No.24992 '>9 C\•,< (SEE SHEET 3 OF 4 SHEETS) Z. is1 .;/ .11B: gIe .7 j '' '4. - O .AY'AR A' J/P F'S5; "I\1 il pp 45 "'161'� 1 9 .''%Ci.' !.i'N I \ M SCALE N FEET y4'.y , C - -. : :`( 60 0 60 120 :=9. 12' ACIRT ST CURRIERCOP TM'SOUTHEA0STT�TE 1TH :`2a/ ,/T1 j or LOT SURVEYS COMPANY, INC. 600E OF WETLAND�.'A',! p I LAND SURVEYORS :4i /O.1 ( —NEST CHARTER COWJER Oi SEC.29. Tf1P. 116,RC.22 ..�.4: / (HEAW.CO.CAST/ROV 4 44/AC/T CCLTAT) VACATION 06-06 NOTICE OF VACATION OF ALL THE DRAINAGE AND UTILITY EASEMENT OVER LOTS 1 THROUGH 17 INCLUSIVE,BLOCK 1; LOTS 1 THROUGH 11 INCLUSIVE, BLOCK 2; LOTS 1 THROUGH 6 INCLUSIVE, BLOCK 3; LOTS 1 THROUGH 5 INCLUSIVE, BLOCK 4, THE RIDGE AT RILEY CREEK 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 February 6, 2007 at 7:00 p.m. to hear all persons present upon the proposed vacation of the Drainage and Utility Easement described as follows: All of the Drainage and Utility Easement lying over, under and across Lots 1 through 17 inclusive, Block 1; Lots 1 through 11 inclusive, Block 2; Lots 1 through 6 inclusive, Block 3; Lots 1 through 5 inclusive, Block 4, The Ridge at Riley Creek, according to the recorded plat thereof, Hennepin County, Minnesota. By Order of the City Council Published in the Sun Current on January 18,2007 NOTIFICATION LIST VACATION REQUEST 06-06 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 29-116-22-12-0005 29-116-22-24-0042 29-116-22-12-0012 29-116-22-24-0043 29-116-22-13-0006 29-116-22-24-0044 29-116-22-13-0010 29-116-22-24-0045 29-116-22-21-0030 29-116-22-24-0046 29-116-22-21-0051 29-116-22-24-0047 29-116-22-21-0055 29-116-22-24-0048 29-116-22-21-0056 29-116-22-24-0049 29-116-22-21-0057 29-116-22-31-0004 29-116-22-21-0058 29-116-22-31-0005 29-116-22-21-0059 29-116-22-31-0008 29-116-22-21-0060 29-116-22-31-0009 29-116-22-21-0061 29-116-22-31-0012 29-116-22-21-0062 29-116-22-31-0013 29-116-22-21-0063 29-116-22-42-0007 29-116-22-24-0015 29-116-22-42-0009 29-116-22-24-0019 29-116-22-42-0013 29-116-22-24-0020 29-116-22-24-0021 29-116-22-24-0022 29-116-22-24-0023 29-116-22-24-0024 29-116-22-24-0025 29-116-22-24-0026 29-116-22-24-0027 29-116-22-24-0028 29-116-22-24-0029 29-116-22-24-0030 29-116-22-24-0031 29-116-22-24-0032 29-116-22-24-0033 29-116-22-24-0034 29-116-22-24-0035 29-116-22-24-0036 29-116-22-24-0037 29-116-22-24-0038 29-116-22-24-0039 29-116-22-24-0040 29-116-22-24-0041 CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Bent Creek Golf Course Rezoning Development/Planning Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC- Golf Course 105.8 acres. Synopsis This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1st and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Rural .The proposed zoning change is to GC—Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. Attachments Staff report Location Map Existing Zoning Map Proposed Zoning Map Letter from Resident STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: November 3, 2006 SUBJECT: Bent CreekGolf Course Guide Plan Change and Rezoning PETITIONER: City of Eden Prairie LOCATION: REQUEST: 1. Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres 2. Rezoning from Rural to GC- Golf Course on 105.8 acres COMPREHENSIVE GUIDE PLAN CHANGE The existing golf course is guided Public/Quasi Public. The proposed guide plan change is to Golf Course. REZONING The existing golf course is Rural .The proposed zoning change is to GC—Golf Course. The existing golf course will regulated by the performance standards as identified in the proposed ordinance. STAFF RECOMMENDATION Staff recommends approval of the following request: • Comprehensive Guide Plan Change from Quasi-Public to Golf Course on 105.8 acres • Zoning District Change from Rural to GC- Golf Course on 105.8 acres. Area Location Map - Bent Creek Golf Course Guide Plan Change & Rezoning 2006-26 Address: Bent Creek Golf Course "OW ,-411111---....A___1 _1 _ 4 .-- ' $4P' llt.t.141 1111 41 1" •Ila'llist I dip ** � 0 W ' a dir �.- 44 i HCLRTA ;� 444'ofr7:1:11 A .MIII im -JINNI=PP " sty ,,�� '�WY','- III Baker Rd i 0 i1 4 WAII =I II \, `/:� WI *az) .... knoi * It ppll Ns q p.44 kW 4111 ► '' - P,A1110$ iIàui uuii�• illl UAW ��%� I III � ��W. i,V�r \fir ��1■■I ��s Howard La 1� ill4P % /it�- log Golf View Dr ..w., 1 1,4t, ru- ,�� •�. or N :ent Creek �,' �Immm v �'• 1 .. ,��,�� / * Golf Col• .�• ?U 8 • iw , t glif Z11 111 *4 It!. 4111 4Il .%an\/,' im 41041, Oa j V aII m;; __ __ V /iK\, "'iv:al 1 Valley View Rd .t . wil Fri ,iiik 4 , pr:.). .. ... i ,,, ,.j$1 Ai ii 1; IIW ( r ,--- a A ., i IL r cafe / I �J Existing City of Eden Prairie Zoning Map Bent Creek Golf Course pr NT-Ippliwoisr --s,Avari. r _ _ oil 110."%liiii MP 4 v-E 104 k )0.0vAps morwri mom NE -4 Ilt• i 4 rwkP N‘W * nMPIPP ^ Plt VI P3 � �A�� -nib0 1��1 ■ MY"' . 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I Industrial Park- 5 Acre Min. ® 100- Year Floodplain RN -RM-6.5 Multi-Family-6.7 U.P.A.max. -General Industrial-5 Acre Min. Highway#312 West of County Road#4 is proposed and under construction at this F D E N -RM-2.5 Multi-Family-17.4 U.P.A.max. I Public time. Up dated through Ordinance#23-2006 Office I Water Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial I Right-of-Way Date:September 25,2006 N -CommunityCommercial Chanhassen City limits ncaeoftliscrepen relatetloazoningclasscafiononthiszoningmap,thaotlinance A LIVE•WORK•DREAM and attached legal dascription on file at Eden Prairie City Centerwill prevail. Proposed City of Eden Prairie Zoning Map Bent Creek Golf Course :',,.' ICU ` 1 _....iiii0fr --- vi /Awl' 1 mla „.- .4ovisrmaing4 A IN II _, OA g I't n .in /to1� 7 ®��i� �i�:• ��p W 1ip WA Q i11 , 1►�r " '% �nlal�� ♦O0s Gl Kam /-Q--u ♦ .lime ist" * 411* ee::::::: I litt.s 1 •41:11 * lb 400. . Wi tw *8‘ V*011 00" % sea .--, `�='& ��\\\\\ ts 0• .• 4, lit :e t Creed��. �nmmm ,, i�, , �� 1 Golf nurse �,� �; ■= - '•� b "I0 ♦nn ®0.' 1 is tit m m g k,W IS. Ss m - liii„ % AIM IP . goo Olt 11M,it Iii. ..‘1 1 )- .--TE- ill� * /,.....it !i1i$I1111��`�' TI• f, ., mr..._ * iirliir _. slAte 0 r***/ k 01 • ----' - sal 111111 I- n.....„ _ (.2.- Shoreland Management Classifications I I Rural One Family -10 acre min. -Highway Commercial NE Natural Environment Waters I RDI Recreational Development Waters I R1-44 One Family-44,000 sf.min. -Regional Service Commercial GD I General Development Waters(Creeks Only) I R1-22 One Family-22,000 sf min. -Regional Commercial `/.1 100- Year Floodplain l'/ 0, 0 t I R1-13.5 One Family-13,500 sf min. Industrial Park-2 Acre Min, I R1-9.5 One Family-9,500 sf min. Industrial Park- 5 Acre Min. Highway#312 West of County Road#4 is proposed and under construction at this E D E N time. nil RM-6.5 Multi-Family-6.7 U.P.A.max. General Industrial-5 Acre Min. Up dated through Ordinance#23-2006 -RM-2.5 Multi-Family-17.4 U.P.A.max. Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE I Office Water Date:September 25,2006 In case of tliscrepency relatetl to a zoning class icaaon on this zoning map,the Ortlinance Neighborhood Commercial Right-of-Way antl attached legal tlescnption on file at Etlen Paine City Centerwill prevail. o e K•o F E a a Community Commercial Chanhassen City limits -Golf Course q4r 3a, � C3Ur7 Dd CLr cI�2r. .Rct.cri Cy e ow.+..r,LL r 1 GA eC (S 4 it -H - v- crahvt la - 0 - QS �I�ctSe br; 1) r2v pici s 3- S ,• o e% are. a f I Cc=- (.4 c r. ©ro�1 c yr- J by S 4 a*t rh c r.' s & t vv, 0 s -+ s1 11 : 4 ' ` - Car,e2. are Cc Grcc� � rQv► C v�} Ptry'd r a k c f.t I C ryl �� c�a - 1 cD D 0 7�J eocc.re. t 1 t rl Yccrcki � ?9 - ' fr4 k , J\ acfzAt. 4-Tr) ) pR50 s I - c u-n-1 !� ct � o 1 a rQ, ,. o .- a. I f o ac Lr ,U[ D - cQ 151 An.1 5 Q ( r a n cf So Q s) El)(„ PYa. r7� raS (cQtn -Js . yht. (970 -- ! ? a Ecit ,, Pvw;rt... C { �iYl��yrQ 1 .A., # 0111 et., T7 . U .41 Oe w Pr A-i'e. , hoi s`3r 3 `I G 950? - 9(-I9- a od 12-20-05 To: Eden Prairie City Council From: Victoria Rolf, Resident of Eden Prairie Re: Potential Development of Bent Creek Golf Course Dear Council Members, I find myself attempting to express one of the most difficult conflictions human beings face. We live in a world in which we are populating, developing, unearthing, destroying and recreating the world around us for human benefit alone. We enjoy much of this development but if it isn't balanced with the natural world, we will continue to slowly destroy our planet. It is the Institutions that govern these ethical choices that are ultimately responsible for our world and our habitat. The crucial consideration in opposing the development of Bent Creek Golf Course is the Master Edenvale Plan itself. As I read the files the City of Eden Prairie has on record regarding Edenvale, I became completely engrossed in this new and exciting Plan. In 1970 Eden Prairie had a population of about 8,000 and Edenvale proposed to provide housing for an additional 10,000- 19,000 people. It was an incredible undertaking that took approximately 10 years to complete. It provided nearly every type of housing and commercial space and created living opportunities for every income group. In addition, the Plan provided the means to preserve and protect as much of the environment and natural features as possible within the context of developing a new living community. The documents describe over and over the fact that the population would grow, and yet the intent was to develop the area in a way that is more in harmony with the environment and help preserve and protect the habitat as much as feasible. The developers surmised that this would be a great benefit to humans too. Most developers rarely consider these factors but Eden Land Corporation had a vision and a dream that included our environmental responsibilities in their plan. From what I understand as a lay person reading the documents, the Planned Unit Development (PUD 70-3 and revision 70-4) the City of Eden Prairie agreed to is a legally binding document. In this PUD the quasi golf course was required to remain open space. I believe the proper forms were never filed in the case of the golf course and therefore the legal requirement that the course remain open space was never transferred from owner to owner. A very important consideration is that all previous owners purchased the golf course with the intent that it remain a golf course. No one has been cheated or deceived with regard to its status in the past 40 years. Since the golf course was remodeled into thel 8 hole Edenvale Golf Course in 1975 as part of the overall Plan, no one has sought other uses for the course until now. The question is whether the current owners have a right to sell it to be rezoned and used as something other than open space. It all comes down to a twofold promise. From 1970-1972, the Eden Prairie City Council made a promise to the community by approving the Edenvale PUD which protected 25% of the 1,000 acres as open space. The golf course was approximately 12% of the designated 25% open space in the PUD and was required to remain that way. The Council bargained with Eden Land Corporation on numerous development items and what the Council repeatedly received in return was the promise from Eden Land Corp. that the golf course would remain open space in the PUD. Now I am wondering who will protect those promises and the integrity of the Edenvale Plan. By virtue of the City Councils approval of the Edenvale PUD, it became part of the overall City Plan. In my opinion it is the responsibility of the present elected City Council Members to uphold this promise to the community. The City promised its residents that it would protect 25% of the 1,000 acres as open space for the use of all. The Eden Land Corp. promised to respect the legal requirements of the PUD that guaranteed the golf course would remain open space and they agreed to file the proper legal documents. In an effort to support this position, I have attached specific quotes from the hundreds of documents the City has on file relating to Edenvale. They specifically pertain to the promises made by the City and Eden Land Corp. to preserve the golf course as green space. They are in the same order as the City file so that you can refer to them. These statements in the City archives represent just a fraction of the Edenvale Plan. From the City of Eden Prairie, Eden Land Corp. received Cash Park Fee exemptions of at least $400,000, reduced building densities which made it much less expensive for them to build, and zoning changes from the city norm for both corporate and residential sites. All these compromises were part of a greater City Plan that included 250 acreas of glorious open space and definitively included the 115 acre golf course. Finally, I want to say that if you choose to allow development of Bent Creek Golf Course, you will be significantly altering our community. Not only will thousands of residents living within Edenvale and the adjoining neighbors be adversely impacted, the natural makeup of the community will be destroyed. There are entire populations of wildlife that live, breed, and transit from Birch Island through Bent Creek to Purgatory Creek. My husband and I have had red tailed hawks nest and breed in our back yard. We had a pair of fox breed here and send out two young ones. In addition we regularly see pilated woodpeckers, broad winged hawks, sharp shinned hawks ground hogs, raccoon, numerous types of owls, flying squirrels, 5 other types of woodpeckers, red and gray squirrels, chipmunks, ducks, turkeys, and at least a 100 types of birds. Any development of the course will impact the territory, migration, and habitat of this areas wildlife. Lots of these animals hover and feed on the small creatures transiting the open area. As City Council Members you have so much power. Yet remember there was a great promise that was genuinely intended to be upheld by the Eden Land Corp. and the City of Eden Prairie. The crucial consideration was an economic and environmental balance and an agreement was struck to achieve that balance. Who really has the right to break that promise made by both parties? Sincerely, Victoria A. Rolf 6890 Canterbury Lane Eden Prairie, MN 55346 Quotes from the Edenvale Planned Unit Development on file with the City of Eden Prairie. Some of the strongest statements are in bold for quick referral: July 7, 1970 Eden Prairie Planning Commission minutes. Mr. Peterson presented a number of documents designating the public and quasi public open spaces and noted that they represented 24% of the total 980 acre project. The proposal included about 63 acres of public land including a 22 acre combination elementary school and neighborhood park site. About 18 acres of the public land was located within the flood plain of Purgatory Creek. He said that the project also contained approximately 52 acres of private open space. ...Mr. Bonner...said that he did not feel that the portion of property contained within the flood plain of the creek should be considered as public land for the purposes of determining the 5% land dedication. He asked for clarification of the ownership, use and maintenance of the proposed private open spaces....He suggested that additional park space be provided along the creek and east of the Baker Road extension in order to provide park service to the large office complex proposed in that area.... August 25, 1970 Eden Prairie Village Council minutes. Mr. Peterson...He also noted that their application stated their commitment to maintain the golf course within the development. July 9, 1970 Planning and Zoning Commission report. Item 4...Eden Land Corporation has indicated that it will not be the developer for the entire 1,000 acre project. They will, instead, sell parcels of the land to other developers. These developers must be subject to the same review procedures that Edenvale underwent. The density and percentage coverage controls should be likewise applicable. By utilizing these controls the Village will be able to retain the high quality of development initially indicated by Edenvale....Land Use. Residential. Considering the nature of this specific single family situation it is the recommendation of the staff that the 2 units/acre maximum be waived. The golf course supplies more than adequate open space and the lots conform to the 13,500 square feet minimum. An alternative to this would be a new classification without the two units per acre maximum. The 18% building coverage proposed in this classification is acceptable. Continued. Quasi-Public. The 115 acre golf course is a major quasi public space. Eden Land Corporation will issue assurance on the golf course which will guarantee its use as recreational land and prohibit its future development as building sites. August 1, 1970 Edenvale Fact Sheet. There will be an 18 hole complete public golf course and practice range located within this area which will provide recreational facilities for residents of the area as well as the southwest metropolitan region....This concept can provide private living facilities with adequate open space for all by grouping units together and leaving open space for the enjoyment of all. This concept fits well with the beautiful rolling wooded hills in Edenvale and will result in relatively little grading which results in the saving of natural vegetation and trees. No Date, Eden Land Corporation Fact Sheet. Edenvale, a new community ecologically planned for living in the future. What Is It? Edenvale is a planned community development so large it can provide a full range of land uses, residential, recreational, commercial and industrial; designed so the natural features, the wooded hills, streams, ponds and greenery will remain unspoiled....Edenvale is the planned community proposed by Eden Land Corporation, a corporation formed to assemble large tracts of land, have proper land use designated and obtain proper zoning. The land will then be sold with deed restrictions to others who will develop the property according to the accepted land use plan....A community planning and landscape architecture firm -- Nason, Wehrman, Knight and Chapman Inc. -- was retained to do the detailed planning of the community in consultation with environmentalists, ecologists and naturalists. June 17, 1970 Eden Land Corp News Release. Edenvale is naturally divided into three areas by dramatic elevation differences as well as woods, ponds and Purgatory Creek, a bubbling trout stream which courses through the properties. "These natural features made planning a 1970's ecological approach fascinating," said George I. Burkards, chief planner. "We believe we are pioneering in the sane methods that society must adopt for living in the future....The golf course for Edenvale is already in existence, in the form of a 27 hole public course. While the course will remain public and within tree covered walking distance, the course will be completely redesigned to a more spacious 18 holes and a practice range to fit into the surrounding development....Quasi Public. Eden Land Corporation will issue assurances on the eighteen hole golf course which will guarantee its use as recreational land so that it will not be developed into building sites. No Date, Edenvale, Summary of provisions to provide ownership and responsibility for maintenance of open space. The Eden Prairie Golf Club will be retained and changed Into a quality 18 hole golf course with a practice range. This course will be provided as a public course owned, maintained and operated by Eden Land Corporation or a subsidiary corporation. At some future date this course may be sold to a member association or corporation and will be operated for the residents and members as a private club; under all circumstances the land will be retained for recreational uses. August 25, 1970 Edenvale PUD Concept Stage Application, Second Supplement. Developer. The owner of Edenvale is Eden Land Corporation, a corporation formed for the purpose of assembling large tracts of land on which the corporation will cause to have proper land use planning performed and will then obtain proper zoning on the land and will then sell land with proper deed restrictions to other individuals or corporations to develop the property according to the accepted land use plan....Development Method. Eden Land Corporation will do all land planning and will resell the land with deed restrictions to limit development according to approved plans. Eden Land will join in development on certain portions through joint venture but the majority will be sold in large parcels to other developers with proper restrictions attached to ensure development according to a master plan....All of the open space provided in Edenvale will be reserved for public use by restrictions placed on the deeds at the time of sale by Eden Land Corporation. July 25, 1972 Eden Prairie Village Council minutes. Revised Edenvale PUD (70-4) Concept Plan. Briefly, the changes to the 1970 land use plan are; the realignment of the fairways in Edenvale Golf Course. The original 115 gross acres of the proposed golf course has been surveyed at 109 gross acres today. August 13, 1972 Edenvale Features Planned Unit Development for Eden Prairie. article in Minneapolis Tribune. ...All will be built and planned in relationship to one another and the environmental features of the site will be preserved....Now going up in Edenvale is Fairway Wood, a 105-unit luxury condominium apartment complex overlooking Purgatory Creek and the new Edenvale golf course...Fairway Wood...a direct view of the golf course with its meandering trout stream. ........................ September 15, 1977 Land Dedication Requirements/Cash Park Fee Policies from Marty Jessen, Director of Community Services. When the City was considering the establishment of the Cash Park Fee we on staff suggested that the Preserve, Edenvale and Hidden Ponds be exempt from payment of the "Fee". The reason for our suggestion was that these 3 developments, while staged, had satisfied the City requirements for open space at the time at which they'd received concept approval. While a subsequent analysis (see attached) of their public open space dedication indicated that the Cash Park Fee would have yielded greater value to the City than the dedication - we felt that a "deal" had been cut and thus the City should stand by it. April 18, 1978 City of Eden Prairie Resolution No. 78-22. The lands and facilities conveyed in connection with the original planned unit development of the Preserve and Edenvale comply fully with the park fee requirements of the City of Eden Prairie and no additional cash fee payment will be required with the original planned unit developments. All future developments proposed by the Preserve and Edenvale outside of the original PUD will be subject to the ordinance of the City of Eden Prairie as to the cash park fees. September 30, 1977 Cash Park Fee/Park Land Dedication Policies. Memo. The City should not assess the Cash Park Fee in the Preserve, Edenvale and Hidden Ponds, providing these developers live up fully to their open space commitments. August 5, 1974 Letter to resident Judy S(unreadable) on Summerhill Drive from Eden Land Corporation. ...By approving the Edenvale planned unit development the City of Eden Prairie approved certain land uses, basic street and utility systems and open space patterns. The land uses were approved with an overall density stipulated to a maximum which could not be exceeded. Each parcel of land was approved for a basic density. Our financial models and land prices have been established according to these densities. Within Edenvale over 175 acres have been set aside as private or public open space or recreational land. The remainder is to be developed according to the land use plan adopted by the City. January 31, 1972 From Eden Land Corp. signed by Donald R. Peterson. Dear Neighbor: The enclosed packet of information is being sent to you so that you may be kept informed of the progress being made in Edenvale.:..The new Edenvale Golf Course has been completed and we expect to have it open for play in June; however, we will have a period where maintenance problems will exist until a good healthy turf can be established. No trespassing signs were placed around the golf course temporarily to prevent snowmobiles, mini bikes and horses from damaging this very tender new turf. These signs have helped considerably, but we hope we will not have to leave them in place. Your cooperation is greatly appreciated. We hope this new golf course adjacent to your homes will give you pleasant scenery, and we feel it will greatly enhance the value of your land as well as ours. September 6, 1973 Letter to Council and Mayor from Edenvale Land Corp....We have invested over one million dollars In our golf course to provide an amenity which will serve the community and will enhance the value of the adjacent property. Summary complete MALKERSON GILLILAND MARTIN LLP 1900 U .S , BANK PLAZA SOUTH TOWER 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612-344- 1 1 1 1 FACSIMILE 612-344- 14 1 4 MEMORANDUM TO: Mayor and City Council for the City of Eden Prairie cc: City Manager City Attorney FROM: Bruce Malkerson, Esq. Howard A. Roston, Esq. Patrick B, Steinhoff, Esq. RE: Public Hearing on February 6, Concerning Proposed Re-zoning of Bent Creek Golf Course Property to a Golf Course Zoning District. File No. 1782.001 DATE: February 6, 2007 As you may recall from past correspondence, we represent Sam Hertogs, majority owner' of the Bent Creek Golf Course property (the "Property") through his interest in the general partnership Golfview Investment Co. III. As you know, we have objected on Mr. Hertog's behalf to the proposed revisions (the "Proposed Revisions") to the City's Comprehensive Guide Plan and Zoning Ordinance that would create new "Golf Course" Comprehensive Guide Plan and Zoning Ordinance designations and would also re-guide and rezone all golf course properties in the City (including the Bent Creek property) in accordance with these new designations, The City has now re-guided the Property as well as the other golf course properties in the City into a new Golf Course Comprehensive Guide Plan designation that prohibits all uses of property so guided except for use as a golf course. As you know, the City has also amended its Zoning Ordinance to create a new Golf Course zoning district. As you also know, the City now has no choice under Minnesota law but to rezone the Property into the new Golf Course zoning district so that the zoning for the Property is consistent with its new Comprehensive Guide Plan designation. See Mendota Golf LLP v. City of Mendota Heights, 708 N.W.2d 162 (Minn. 2006); We understand that there was recently a letter to the editor of the local newspaper applauding the City's actions and making an unflattering reference to the "wealthy" owners of the Property. We note that the net worth of the owners of the Property is irrelevant here. Moreover, in addition to Mr. Hertogs, the Property is owned by the 18 heirs of Mr:Herbert Koch,some of whom are residents of the City. 1 Minn. Stat. §§ 473.858, subd.l (2006). For this reason, we assume that it is a foregone conclusion that the City Council will vote to re-zone the Property into the new Golf Course zoning district, and we will not waste the City Council's time objecting further to this proposed action. However, we continue to believe that the proposed re-zoning of the Property is illegal for the reasons stated in our memorandum to the Planning Commission dated November 10, 2006; our memorandum to the City Council dated December 1, 2006, and our memorandum to the City Council dated January 16, 2007. We adopt the arguments set forth in those documents by reference and we incorporate herein by reference those documents and my comments to the City Council which I made at the public hearing on the proposed changes to the City's Comprehensive Plan. We submit this Memorandum also for the purpose of directing the City Council's attention to the actions of the City of Mendota Heights with respect to the Mendota Golf LLP golf course property that was the subject of the Mendota Golf LLP v. City of Mendota Heights, 708 N.W.2d 162 (Minn. 2006) litigation. As we have stated in our previous submissions, in Mendota Golf LLP the Minnesota Supreme Court found that the City of Mendota Heights had an obligation to reconcile its comprehensive guide plan (which only allowed golf course uses) and its zoning ordinance (which allowed residential uses) with respect to the subject golf course property. The Court did not direct the City how it should reconcile its comprehensive guide plan and ordinance, and the Court did not foreclose the possibility that it would be a unconstitutional regulatory taking of private property for the City to re-zone the subject property to prohibit non- golf course uses. Indeed, the Court seemed to invite the property owner to bring a takings action if the property owner and the City did not reach a negotiated settlement (which, as set forth below, they have in fact done). The City of Mendota Heights has now rezoned the Mendota Golf LLP property into an R1A zoning district, which allows among other uses, golf courses and residential uses, and has approved a concept submitted by the owner to develop the 17.55-acre property into 19 lots for single-family homes. The owner has agreed to grant an open space easement to the City over approximately 5.5 acres of the property to ensure that it is not developed. The City and the owner have also negotiated an agreement whereby the City may purchase the property at a price of $2,600,000 if the voters of Mendota Heights authorize the expenditure in a referendum directed by the City Council at its January 16, 2007 meeting. If the voters approve the referendum, the City will purchase the Mendota Golf LLP property (as well as the golf course facilities and equipment) for$2,600,0002 and will operate the property as a public golf course. If the voters do not approve the referendum, the owner of the property is free to develop the property in accordance with the concept described above(19 residential lots with a 5.5-acre open space easement granted to the City). We attach the relevant minutes and staff reports from the meetings at which the Mendota Heights City Council approved the rezoning, development concept, and referendum. We note that the Mendota Golf LLP litigation is what erroneously emboldened the City Council here to embark upon its present course of amending its Comprehensive Guide Plan and 2 As one can see from reading the attached minutes, the Mendota Golf LLP property has not been appraised and $2.6M(approximately$208K for each buildable acre) is most likely less than the fair market value of that property. The City and the property owner have agreed to treat the value of the property above the $2.6M purchase price as a donation to the City if the voters approve the referendum to purchase the property. 2 Zoning Ordinance so that the Bent Creek Property may only be used as a golf course. We suggest that, given the ultimate resolution of the Mendota Golf LLP dispute, the City Council must reconsider whether this current course by the City of Eden Prairie is legal under Minnesota law, fair to the owners of the Property, or sensible as a matter of policy. We believe that, after years of unnecessary litigation, the City of Mendota Heights has finally arrived at a legal solution to the problem of how to regulate the use of a failed golf course property. We ask the City Council here to consider doing the same. As we have stated repeatedly, Mr. Hertogs and the other owners of the Property are willing (as they always have been) to discuss a similar solution with the City with respect to the future use of the Property. We also note (as we have on multiple occasions in prior submissions) that there is no reason for the City to make a final decision to rezone the Property until the Minnesota Supreme Court issues its decision in the Wensmann Realty, Inc. v. City of Eagan case, which bears directly on the right of the City to rezone the Property. The Supreme Court has not heard oral arguments on the Wensmann matter. Oral arguments are scheduled for March 7, 2007. Mr. Hertogs has stated his willingness to agree to a "standstill" with respect to the development of the Property until the decision is issued (and, in any event, the development moratorium adopted by the City with respect to the Property will be in effect until mid-March). By rezoning the Property today, the City risks exposing itself to damages if the Court's opinion in Wensmann exposes the City's actions here to be illegal (as we expect it will).3 It would be therefore be reckless for the City to rezone the Property tonight (although the City is free to rezone the other golf course properties, since they have not objected to the rezoning, if it so chooses). In any event, we ask the City not to rezone the Property to the Golf Course District until a written legal opinion from an attorney representing the City is provided that states the reasons why such an action would be legal and would not constitute an illegal taking of the Property rights of the owners of the Property. For the reasons set forth above and for the reasons set forth in our previous submissions to the City, we respectfully ask that the City Council not rezone the Property into the new Golf Course zoning district. Rather, we ask that the City Council: a) act reasonably (as the City of Mendota Heights has acted) and direct that a referendum be held asking the residents of the City to approve the purchase of the Property based on a sales price that fairly reflects the value of the Property as a developable property; b) to table the rezoning until after the decision in the Wensmann; c) not to rezone the Property to the Golf Course District until a written legal opinion from an attorney representing the City is provided that states the reasons why such an action would be legal and would not constitute an illegal taking of the Property rights of the owners of the Property; or d) to modify the City's Comprehensive Plan and zone the Property to a zoning district that allows development of the Property in an acceptable manner. We are available to discuss the foregoing at 612.344.1111. 3 Even if the City later amends its Comprehensive Guide Plan and Zoning Ordinance to allow other uses on the Property besides golf course uses,it will still be liable to the owners of the Property for a temporary taking. 3 January 16,2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STA i'h OF MINNESOTA Minutes of the Regular Meeting 1 Held Tuesday, January 16, 2007 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 V'Ooria Curve,Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the -:-ting t:tCrl n m-r at 7:30 p.m. The following members .r=.ent: Ma,.g Luber, Councilmembers t ggan, ebsbach, S --man and Vitelli. PLEDGE OF ALLEGIANCE Council,the audien - .i 1 '' cited the Pl-a ge of Allegiance. AGENDA ADOPTION Maya Ib added Item •i ,,eview of the Lilydale EAW letter, a - ecial pres:al n by Fire Chief Maczka ounc se eel.Kre..each moved adoption of the agenda as e f-d. ' h s cetember Schneeman seconded the motion. Ayes: 5 Nays: O ft APPROVAL 0 1t TE' e`e` tdt rner :b r Duggan moved to approve the minutes of the Janul8r, 2007 City Council meeting minutes as rected. Councilmember Schneeman seconded the motion. Ayes: Nays: 0 CONSENT F G 1 AR Councilmember Duggan moved approval of the consent :;,- t7 calendar for the meeting as revised with the removal of item wa%or 6.d and 6.j, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the approved minutes from the October 11, 2006 and November 22, 2006 Airport Relations Commission Meetings. b. Acknowledgement of the Minutes from the January 9,2007 Park&Recreation Commission Meeting. c. Acknowledgement of the Monthly Fire Department Report for December 2006. d. Acknowledgement of the Treasurer's Report for January 16,2007 Page 2 December 2006. e. Authorization for Purchase Order for New Phone System at Fire Hall. Authorization for Leased Squad Replacement. g. Adoption of Resolution No. 07-04: "A RESOLUTION AUTHORIZING MENDOTA HEIGHT TO EN'ThR INTO AN AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMETN OF T' •-1 PORTATION AND DAKOTA COUNTY Re ' W INTENANCE AND ELECTRICAL E r` FOR THE TRAFFIC CONTROL SIG ON: �'`'" OT KNOB ROAD (COUNTY • �31) • 'Z ut NDOTA HEIGHTS ROAD." h. Adoptio ••f Resolution No. 07-t-, . `. RESpir, ION A.CEPTING FE ` m w TY RE°OR • Cr . ING FOR A PriLIC HEARIN . 'P RFIELD ST° ET REHABILI •= N PROJECT(PROJECT 200613)." L spo- Val of the Li t c'!.,.atractors j. •p. List of C "` s dated January 16, 2007 id tota 75 .67. Councilm= ! rebs: .econded the motion. Ayes: 5 Nays: 0 ITEMS PUL .Irk e ' e � s 8° ncilmember Duggan said Ms. Schabacker DISCUS I@ ill be presenting a review of the report, which will show wo, that the City has done during the past four years. ilmember Duggan said when he looked at the n r bers,he felt that the City Council and Staff were doing a 70 good job. Councilmember Vitelli said Council has been doing a good job for more than just four years. Ms. Schabacker said the fund balance at 12-31-06 was $12,056,265.22. The balance from September, 2002, was $12,876,509. Ms. Schabacker said there were some significant events during the past four years which include: the City has returned $2 million in excess tax increments to the County, the purchase of Pilot Knob for$400,000, and the early retirement of debt issues totaling $1.4 million. Ms. Schabacker said that in taking all this into account,the City is fairly close to where it was four years ago. January 16,2007 Page 3 Councilmember Duggan moved acknowledgment of Treasurers Report for December 2006. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PRESENTATION Fire Chief Maczko said the Fire Department was notified by the Federal Government that,after the fourth application, the City will be receiving a grant aw. 4 $133,000 to replace the department's self containe s a •athr :, apparatus. The total project cost for the equ'g r . is$140,000, and the city share of the cost will be$ 00. ,. Chief Maczko said 4 x' ceived s "r a a from Senators Coleman and Da n, and Representative Sollum. Chief Maczko said t an exa le of the reside r 1 ;s..ral tax dollars being use Councilmember Schne said Chief Maczko did most of the vv ,'n obtaining this and commended him for all his w. Chief Ma-,ko e ':Vat,ha is apparatus is for and how it will be a. ...„., +ouncilmemb- Duggan offered his thanks to the fire chief d the IegislaTo , .r all their work. „,,,,,,...„.. _ _,..„ ........,w CITY S A:-�'� ayor Hu Der announced that the City's public skating rinks o, open and listed the hours of operation. PAR 3 NE 0 •.TION Mayor Huber introduced former Planning Commissioner COMMI'1TEE ° '..RT Joe Betlej, who is currently a member ofthe Par 3 Golf Course Negotiations Committee. Mr. Betlej said that he was present to request that Council approve a Letter of Intent establishing a purchase price for the Par 3 Golf Course, subject to a referendum vote. Mr. Betlej said early in December the City Council asked that a negotiating committee be formed to work with the owners of the golf course who suggested they would be willing to cooperate with the City in discussion of the City's purchase of t.I golf course. January 16,2007 Page 4 Mr. Betlej said the committee consisted of himself, Councilmember Vitelli, Councilmember Krebsbach, City Attorney Tami Diehm, and City Administrator Jim Danielson. The first step was to get together to strategize and authorize an appraisal for the property to establish an opinion of value and to also provide the Negotiating Committee with the proper information to assist in the negotiations. Mr. Betlej said the committee mil- ith'he property owners twice to establish a price P-410 to both sides. The purchase price that was e$n is as $2.6 million. The committee felt that thi t r'4= .was v _4 vorable to the City and was substantial w, hat the . ,'.al asking price b. was. Part of this •_ eement was that the . ;1)tma ence between Ale the asked pric e the ne_q iated price wil `$ e 0nated portion. The sell= , ill re e part of the co i eration in cash and part in don ,the .roperty to m.,, imize the after tax proceeds of ".W.ler. Mr.B ,oil.that action ne •. r tonight is for Council to pass a otio 4rove the le e of intent and authorize the Mayor ant City ift• '�. .toa ,To sign it and to call for formation . ndepe s-, 'referendum committee to lead the ref eren. , process .ed educate the citizens of the �ommunityo--he referendum. The committee must be Wormed and fun,'ei:.y citizens with private funds, insuring trality or e city in the process. Mr.Betlej said Sally .rr s f . d Robert Ehrlich have both volunteered to ......wad the committee. Council must provide direction to Staff hey ording of the referendum. 0fl, '.- ponding to a question from Mayor Huber, City Attorney Diehm said the letter of intent includes some changes that were made by the Seller prior to their signing the letter. Changes related to the appraisal are found under Section 12. The sellers had requested that the City provide an appraisal. . ' She had some discussions with them late today and it is her understanding that the purchase agreement will reflect the fact that the sellers will obtain the appraisal. She will draft the purchase agreement in such a way that the city will agree to pay$2.6 million in cash, subject to the referendum, and that any value of the property above and beyond the $2.6 million will be treated as a donation to the City. It is important to note that the final appraisals are not yet done, so it is not known what the donation amount will be. AIso, January 16,2007 Page 6 Councilmember Duggan said he has asked to have Item 6 j. of the Consent Calendar (List of Claims) to be pulled for this discussion as it ties into the $4,450.00 (Davis and Lagerman) survey cost. Councilmember Vitelli addressed the audience by saying that the purchase of this property is subject to a referendum. The City Council at this time is not deciding to buy it, but trying to get to the point where the City e citizens if they wish to buy this property, and t efere dum will make clear for what purpose it wil rchased. The property will not be purchased if t efe fails. Councilmember Kr ` a id the on a dual-track process: 1) a cou of weeks ago,the Cr ught forward a change in th - ; prehen 've Plan which hange the zoning to R -A, • h wil e the equivale f 40,000 sq. ft. lots in a PUD n en , and 2)the rty wanted to negotiate a good price , e referendum so the residents have .rice at purchasr s property. Counci erri g er:-=ebsbach re to Mr. Danielson's letter, Pak 2, It--m , . e,e ifates that there should only be one qu- . • n the-. -. shall the city be authorized to illN. genera+bligation Bonds in a principal amount not to ceed $2.79 illion for the acquisition and betterment of creational fait '-s. Councilmember Krebsbach said the dum is F g er than the $2.6 million purchase price e. ,'° des the cost of the bonding and paying for the eferendum.� Mr. Betlej said the cost will also include '' £ r t •ci a.ted capital expenditures. ncilmember Krebsbach commended the committee for their fine work. They did a good job of negotiating and the seller was a willing seller. She noted their willingness to negotiate to come to this price. Councilmember Vitelli said he believes that the relationship with the Seller was, and continues to be, excellent, and that the discussions were open and well received by each other on the committee. Councilmember Krebsbach commended Mr. Betlej for using his professional expertise in real estate investments to serve pro bono on the committee. January 16,2007 Page 7 Councilmember Schneeman commended Mr. Betlej and the committee. She informed the audience that the City cannot take a position on this referendum. Therefore, the City will need to have an "outside committee" to work on the referendum. Mayor Huber said there will be a meeting at City Hall for those residents who would be interested in working on a referendum committee. The meet's W , ill be held on Wednesday, January 24`h at 7:0 tee®" . A'City Hall. Those who attend will be informed" w a referendum process works and what the city c.Po , dliiot do. 45, Mayor Huber revie •„ ti Rated tax ` :i%.ses property owners would se . rth a 15-year bond re'-' dum. He stated that the City meky to be ve, upfront and c 4,Q a., 'e residents as Sca is ref . dum is all abo • ayor Huber said that if th i is a willing to .urchase the property, the referend ceeds would support the debt servi the golf course, n that any incoming green fees shoal - o cover the m - ce and daily operations of thec . rs Mayor Hu r d the ill plan on running the golf "410 _ ourse for t'V time bein owever, he noted that in time, it could be con -'vable that this will not be a golf course, but . e property wU I always be city-owned land and it will --' , -,. °=o be ope ` ace. Mayor Huber said the Sellers have ag a =e 'de all the equipment with the purchase of the a ►roperty. ,' '','',.1.M.'",.• vr, `�cilmernber Duggan referred to Item 12, which states " current R-1A zoning"and asked if the new zoning went through yet. Ms. Diehm said that is the language that the Seller inserted that the City is not accepting. Ms. Diehm said she feels certain that the Seller will be fine with the previous language. A. re Mayor Huber added that if the referendum fails, the Seller is free to develop the land as they would like in conformance with the zoning the city approved last month. Mr. Betlej said the appraised value is based on the zoning being R 1-A development of approximately 19 lots. January 16,2007 Page 8 Mayor Huber said the date for the referendum is likely to be the last Tuesday of April, or the first Tuesday in May. City Clerk Kathy Swanson said that was correct. Mayor Huber expressed appreciation to the property owners, Al Spaulding, Mike Cashill and Paul Lyons, stating that he greatly appreciates the relationship with them, particularly as they and the city have been at loggerheads on this issue for three years. Sellers as discussions lta a been long term. Mayor Huber opened the flo t y interested party wishing to speak to this er. Ms. Pam Ehrlich ask-®: ,t heir grope s will go down after the referenda has been paid off. Huber said yes, after the end are retied. Ms. Ehrlich s assumes the esi woult bear the expe � the property taxes on th • . C ncilmembefkrebsbach said city owned prope ax exempt, so the city would not pay tate taxes nor it incur a huge loss on the Curren e ing receive ,property. Council rnber ,y:- 'e- an ved approval of the Letter of Intent and rize its 'tion by the Mayor and City _ . dministratar authorize affto obtain an updated property ppraisal, dir:• city's bond counsel to prepare a resolution rdering a refe-'dam and to call for formation of an a p r se dent re - endum- committee. Councilmember 1 I o"+ed the motion. Ayes: 5 Nays: t - . 4uHcilmember Duggan moved approval of the list of claims a .resented. Councilmember Vitelli seconded the motion. Ayes: 5 --‘ et Nays: 0 BALLFIELD •. Operations and Projects Coordinator Guy Kullander, IMPROVEMENTS reviewed the recommendation for the City Council to approve ballfield improvements at Hagstrom-King Park and Civic Center. Mr. Kullander reviewed the improvements and answered questions by the Council. There will be an Open House on Tuesday, February 13th at the Regular Meeting of the Parks &Recreation Commission to January 16,2007 Page 9 allow neighborhood residents to discuss any concerns they may have. Councilmember Duggan moved to approve the improvements recommended by the Parks and Recreation Committee Commission as presented, and to direct Staff to prepare plans, feasibility documents and cost estimates, and to mail notices to residents or other interested parties inviting them to an Open House on Tuesday, February 13th. + cilmember Vitelli seconded the motion. Ayes: 5 , Nays: 0 2007 COMMISSION Mayor Huber inform : u Bence tha . ral excellent APPOINTMENTS candidates were in dewed in a Council op earlier this evening for at 0.9. ent to advisory commis* He recommendei th auncil 10,ove the folio appointments: + Parks and Recrea .9 Commission —Brian Hallman • ' •, ort Relations C i _ sion —Ansis Viksnins • e •' ...Commission ` ' orton, Doug Hermes, awl a f` ','0®a hied. Councilmem 0-_,4 neem.troved to approve the `-4_, ommende. .t ity Comm'esion appointments as presented. 'e ncilmembe itelli seconded the motion. Ayes: 5 Nays: 0 LILYD. P ' e ",; . Adminis•ative Assistant Jake Sedlacek reviewed a draft -,:: o ie City of Lilydale responding to Lilydale's EAW bas:g +n Council's comments at the last Council meeting. So $e of the key concerns include the lack of sufficient «:;t^ information to support the analysis, and the enforcement of protecting measures for environmental and storm water 'iv,. / management. The document makes a lot of claims about how these will be addressed, but does not detail any forms of aer enforcement. Mr. Sedlacek asked the City Council if there are any additional comments and concerns they may have before he sends in the letter which is due on Wednesday, January 17th. Councilmember Vitelli said he supports this draft letter. January 16,2007 Page 10 Councilmember Krebsbach asked if there should be some language in the letter concerning assurance of the enforcement of the critical area act. She asked that a paragraph be included. Mayor Huber opened the floor to the audience for anyone wishing to speak on this matter. Ms.Joan Olin, representing the City of Lilydale, spoke to address some of the concerns. Ms. :lx .said Lilydale will be working with Barr Engineering, 'the soil borings, and will be having an escrow acco . uarantee that the bluff Iine is shored up. The critic ; ea t be 47' back. The developer will also be pr- a ng plan the storm water. Ms. Olin said the City -n to Heig of being very nice in presenting letter as the City of ale is going through the pro.- .cedure' Ms. Olin said }; no Indian burial moun.- .that Mayor Huber explained Olin that the City of Mendota Height] bmitting comm- .s a concerned governmental body,tow . oncerns that ty:e$i, r has. Mayor Huber said the City or ern'a g' ights exp the City of Lilydale or the developer to .e ab1-`" ® •- '•e,,•swers to the concerns that have been e o, -d. -let• ncilmembe \ ebsbach said the City of Mendota Heights .: ` it! not initiate th :. 9ouncil was asked to respond to the EAW 1 ne ,.im S ly res;ti ding via a formal document to be ores -t w l . City of Lilydale. `'""" Cie„ lilaelernEbAerwViatselalimmenovdeedd.tcooaupnporoilvmethedraftletterfor theember Krebsbach sect'ded the motion. Ayes: 5 Nays: 0 COUNCIL CO 1 I � Mayor Huber expressed his appreciation for the outstanding work done by the Negotiation Committee and City Staff on the Par 3 Golf Course project. Councilmember Schneeman congratulated all the new commission members. Councilmember Krebsbach noted that Gary Hagstrom's daughter Sarah, who is an accomplished opera soprano, and January 16,2007 Page 11 a graduate of Henry Sibley High School. Councilmember Krebsbach talked about Sarah's new webpage. Councilmember Duggan expressed his thanks to City Staff and Joe Betlej on their outstanding work on the Par 3 project; He also expressed appreciation to everyone who applied for appointment to a city commission, stating that the City is blessed with great talent among the residents that the City can tap into. { ADJOURN There being no further businelb.come before Councilmember Schnee ' o:-e,,. adjourn the City Council meeting. Cou 1 A ember 1� an seconded the motion. U Ayes: 5 Nays: 0 Time of Adj our ii`e 1 8:3 I.r Rebecca a;_Rer ATTEST: Recording `- `g_ ;., John J. Huber ', Mayor e, .F: fig- , _ TVP CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 5, 2006 Pursuant to due call and notice thereof,the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the agenda as revised with the addition of 6.g.: Authorization for Temporary Liquor License for St. Peters Church. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINU 1'LS Councilmember Duggan moved to approve the minutes of the November 7, 2006 City Council meeting minutes with corrections. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Councilmember Schneeman) CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting as revised with the removal of items 6.c., 6.h., which were pulled for discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the November 28, 2006 Planning Commission Meeting. b. Acknowledgement of the Building Activity Report for November 2006. c. Authorization for Cancellation of December Commission Meetings. d. Authorization for Purchase of Turnout Gear for Fire Department. e. Authorization for Purchase of Tires for Grader. f. Authorization for Replacement/Sales of Marked Squads. g. Authorization for Temporary Liquor License for St. Peters Church. h. Approval of Sales of City-Owned Parcel to Xcel Energy. i. Adoption of Resolution No. 06-112: "RESOLUTION ESTABLISHING FIRE PERSONNEL AND EQUIPMENT USE FEE FOR SERVICE PROVIDED BY THE MENDOTA HEIGHTS FIRE DEPARTMENT." j. Adoption of Resolution No. 06-113: "RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 2007 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING." k. Adoption of Resolution No. 06-114: "RESOLUTION FORMALIZING MENDOTA HEIGHTS' COMMITMENT TO PARTICIPATE IN THE ACQUISITION OF THE ACACIA CEMETERY SI I E." 1. Adoption of Resolution No. 06-115: "RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITORS FOR COLLECTION WITH REAL ESTATE TAXES" and Resolution No. 06-116: "RESOLUTION CERTIFYING UNPAID WEED CUTTING CHARGES." m. Approval of the List of Contractors. n. Approval of the List of Claims dated December 5, 2006 and totaling$67,531.44. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ITEMS PULLED FOR Item#6.c. —Councilmember Krebsbach asked to pull this DISCUSSION item until after the hearing on comprehensive plan amendment and rezoning of the Par 3 Golf Course in the case there may needs to be a December Planning Commission Meeting to further discuss this case. Item#6.h.: Councilmember Krebsbach asked to have a copy of the minutes of November 21st discussion of Xcel Energy included with of the purchase agreement. Councilmember Vitelli moved to direct staff to include the Xcel Energy discussion in the November 21, 2006 minutes as an attachment to the documentation for the Xcel Energy purchase agreement. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 2007 BUDGET/LEVY Finance Director Kristen Schabacker informed the audience that a Truth In Taxation Hearing was held on December 4 and one person in attendance. This person had a few questions which were answered. Prior to the hearing, Ms. Schabacker had received one phone call from a resident with a question regarding a lot split and that phone call was referred to the County. Ms. Schabacker said that she had not received any correspondence from any other resident. Ms. Schabacker reviewed the significant items included in the 2007 budget, including $121,000 for a snowplowing truck, $208,000 for a 3% increase in wages and benefits and a 10% increase for insurance contributions for employees and $175,000 for a radio escrow. The Police and Fire Departments will be switching to 800 Mhz in the last quarter of 2007. Ms. Schabacker said the final levy proposal has increased 3.6% over 2006. The estimated 2007 tax rate will be 26.375, which is a 5.89% reduction from the 2006 tax rate. Ms. Schabacker said the average market valuation increase in Mendota Heights was 8.4% and the residents should see approximately 2% increase in the city's portion of their property tax. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Schneeman moved to close the public hearing. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 06- 117: "A RESOLUTION APPROVING FINAL 2006 TAX LEVY COLLECTIBLE IN 2007 AND ADOPTING PROPOSED BUDGET FOR 2007." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PRESENTATION Mayor Huber presented an award to Principal Steve Goldade recognizing the Mendota Elementary School for achieving the 2006 Blue Ribbon School Award. Mr. Goldade said there will be celebration at the school on December 18th, and also the school will be celebrating its 50 year anniversary on February 12, 2007. CASE NO. 06-32, MORGAN Assistant to the City Administrator Sedlacek said this case was brought be the City Council on November 21, and at that time there was no specific site plan, but Mr. Morgan provided an elevation plan. Since then, Staff visited the property to get more accurate measurements. This application was originally for a 7-ft. variance. Staff found that it was actually an 11-ft. variance. There was a motion on November 21 to approve with a 2-2 vote that did not pass and the matter was continued to this evening. No additional information was provided. Mr. Sedlacek said this addition would be closer to the street than any other structure in the immediate neighborhood. Councilmember Krebsbach asked if the neighbors to the right are in support of this variance. Mr. Morgan said they were. Mr. Morgan said he talked to all his neighbors and found they were all in support of this variance. Mr. Morgan said he would also be provided more green space by removing a part of his driveway. Councilmember Krebsbach said it seems that the lot is the dividing point along Pond View Court, and there are some mature evergreens. It would seem that if more evergreens could be placed along the circle, there would be a nice screen buffer. Councilmember Krebsbach said she will continue to support this proposal. Councilmember Duggan asked Mr. Sedlacek to demonstrate on the map where the string rule would apply. Councilmember Duggan said if the line were drawn out further to one more home,this proposed addition would not extend further than this line. Councilmember Krebsbach said she would approve this proposal with the condition the string rule is extended as shown. Mr. Sedlacek said there would still be a variance needed for 10-ft. Councilmember Duggan said he could work with taking out the additional driveway and placing more screening. Mayor Huber said he has a problem with this structure being so close and the addition would pull the home forward more. CounciImember Vitelli said he is not in support as it sets precedent, and that the Planning Commission and City Planner recommended denial of this request. Councilmember Vitelli moved adoption of Resolution No. 06-118: "A RESOLUTION DENYING A 11-FT. VARIANCE TO THE FRONT YARD SETBACK FOR A GARAGE ADDITION AT 613 POND VIEW DRIVE." Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 2 Duggan and Krebsbach Councilmember Schneeman stated that she voted to deny the variance because she felt the structure would be way too close to the street if the variance was granted and because it is a safety issue. CASE NO. 06-37, RUKAVINA Assistant to the City Administrator Sedlacek said this 1704 VICKI LANE application is for a 3-ft variance to the setback requirement from a primary structure for an accessory building. The Planning Commission discussed hardships and other potential locations for this structure and recommended denial of this variance. Mr. Sedlacek said it is his understanding that the applicant has since modified the site plan. Mr. Rukavina shared his site plan showing how he would move the structure closer to the tree giving him a 1-ft variance. Councilmember Duggan asked staff if there were any homes in the city that are closer to accessory structures than the 5-ft. setback. Mr. Danielson said to his knowledge there have been no variances granted to do this. Councilmember Duggan said he believes there are other places that this structure could be placed, but not as suitable as the one proposed. Mr. Rukavina asked how many variance requests have been made for this type of situation. Councilmember Schneeman asked if the gentleman who spoke against this case at the Planning Commission hearing is moving from his home. Mr. Rukavina said that was correct and that this gentleman has had some issues with the City and other neighbors. Councilmember Schneeman said most people put their sheds as far away from their homes and close to the neighbors and thinks a 1-ft variance is fine with her. Councilmember Krebsbach said the property is beautiful and she has the concern for the health of the evergreen near the proposed shed. Mr. Rukavina said the root system extends way beyond where the shed would be placed. Councilmember Schneeman moved adoption of Resolution No. 06- 119, "A RESOLUTION APPROVING A 1-FT. VARIANCE TO THE SETBACK FROM THE PRIMARY S IRUCTURE FOR AN ACCESSORY BUILDING AT 1407 VICKI LANE,"to approve the application as presented. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 06-38, Mr. Sedlacek introduced the application for the addition SIBLEY HIGH SCHOOL and renovation of tennis courts at Henry Sibley High School. This application meets all codes and requirements; however, a conditional use permit is needed to add 400-plus yards of material. The Planning Commission and the City Planner recommends approval of this application. Councilmember Duggan asked about screening of the 10-ft. fence, and would like to be open to the possibility of providing additional screening if the neighbors across the street feel there is a need for this. Councilmember Krebsbach asked if the neighborhood is aware of the additional courts and have there been any comments. Mr. Sedlacek said with a conditional use permit,there was a 350-ft. buffer around the school that was given notification; however no residents showed up at the Planning Commission public hearing, except one resident that had a question. That question was answered by the applicant, which was accepted by the resident. Councilmember Krebsbach said any landscaping by the applicant to soften the view by the neighbors would be appreciated. Mr. Sedlacek said these courts are also available for public use when the school is not using them. Councilmember Schneeman said she welcomes the additional tennis courts for the community as there is a need for them. Councilmember Vitelli moved to approve Resolution No. 06-120 "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR GRADE AND FILL OF 400 YARDS AT 1897 DELAWARE AVENUE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach would like to see some additional screening if the neighborhood residents find it necessary. Councilmember Duggan moved to suggest that the City invite the school district to consider landscaping on the west side to create a small buffer barrier between them and the residents who may not be aware of the fencing. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE 06-35, Mr. Sedlacek reviewed and updated the City Council on this COMPREHENSIVE PLAN application for amending the comprehensive plan language. AMENDMENT (Par 3 Golf) The City of Mendota Heights has been working with the issue of potential development of the Par 3 Golf Course property for a few years now. The golf course is currently a permitted use under the R- 1 zoning district. Due to a court order from District Court, the City has been ordered to reconcile the difference between the zoning ordinance and the comprehensive land use for this property. The action being considered at this time does not undermine the City's desire to preserve the golf course; this is one part of the City's dual- track process. City Council has worked with Staff to determine the best way to meet the court order. The second part of the dual track, which is the effort to purchase the golf course,is alive and well, and City Council is currently in negotiations with the property owners. Mr. Sedlacek said the plan for this meeting is to focus on establishing the best possible land use in the event that the effort to purchase the property fails. The Ianguage changes that Staff has prepared are what Staff feels is the best resolution in case any attempted purchase does not go through. The comprehensive plan amendment proposes a new designation, "Golf Course-Small." The original proposal that was brought to the Planning Commission was to change all the golf courses, and there was strong sentiment that all golf courses should not be involved at this point. The designation Golf Course—Small would be under a planned unit development in the R-1A zoning district. Mr. Sedlacek said R-lA zoning is a lower density than the golf course is currently zoned for. Mr. Sedlacek reviewed the definition and process of a planned unit development. Mr. Sedlacek said he wanted to stress the point to the residents that a PUD does not allow for a greater density as that caused some great concern in the past. Mr. Sedlacek said another change is that the property owners requested that the open space be held under a conservation easement,which favors the city. This has been done in the Augusta Shores development and proved to be successful. Councilmember Krebsbach asked for clarification as to why this amendment would favor the City. City Attorney Tami Diehm said this means that the City is the party that benefits; that the City as an entity has the right to enforce the conservation easement rather than another private party, such as a private association. City Engineer Sue McDermott said that if the amendment is approved, it will then go to the Metropolitan Council, which will have a 60-day review period. The Metropolitan Council will then hold a meeting to determine whether or not it will be approved. This meeting will be open to the public. Councilmember Duggan suggested the term "one family residential district"be changed to "single family residential district". Councilmember Krebsbach asked if it would be possible to include the lot sizes as follows: Item#2 would indicate 40,000 sq. ft., and in Item#6, it would be 21,000 sq. ft. Ms. Diehm said this language is left in the zoning ordinance because the City had considered making changes to the minimum lot size requirements. If that was a part of the comprehensive plan there would be different standards to go through and so for flexibility purposes, Ms. Diehm suggested that language is kept in the zoning code, but not in the comprehensive plan. Mr. Sedlacek read the entire Comprehensive Plan Amendment as proposed for the Golf Course— Small for the benefit of the audience. Mayor Huber opened the public hearing. Ron Ehrlich, 1656 Gryc Court, asked for clarification on the computation of the 19 lots and the wetland area. Mr. Ehrlich said the wetland area should not be included in the computation to determine how many lots can be developed. Mr. Sedlacek said there is a Iand area of 17.55 acres and without a PUD, there could be a straight subdivision,which would divide out to 40,000 sq. ft. per lot and with the acreage of the property,there would be 19.1 lots. In a PUD, the entire property is divided by the maximum lot size. Mr. Ehrlich said he feels this calculation is inappropriate and the wetland should be excluded from the property size. Mr. Ehrlich said he appreciated all the work the City Council has done over the past number of years, and talked about a letter he provided the City Council on November 9, 2004 regarding how strong the residents' support is for the referendum. Janice Chasman said it seems that the open space would be heavily landscaped to maximize screening of the structures from adjacent residential neighborhoods and public streets which means that a bulk of open space could not be placed on Bachelor and Dodd, and then there will be no open space for the public to enjoy because it will be all privately owned. Mayor Huber said that the City Council is only acting on the comprehensive plan at this time, and as there is no actual application before the City now, the City Council cannot know where houses and open spaces will be determined. Mr. Sedlacek said the definition of open space is typically viewed as open space is considered land that is not filled with structures, and lots of 24,000 or more are encouraged to have some type of landscaping. Mr. Sedlacek said when development plans come before the City, either the Planning Commission or the City Council will then decide what exactly is open space and does it meet the criteria for open space. Commissioner Krebsbach said it the term "common"has been struck from the wording and even if it's open space,that does not mean that the residents can walk through there. Ms. Diehm said in order for there to be access to the general public, it would have to be park land and as this is drafted, the open space is commonly owned by the association, meaning the people that live in that development all commonly own that area but it does not necessarily mean it will be open to the general public as a public park, and this land is maintained by the association. Commissioner Krebsbach said that it still needs to be determined how many lots will be allowed. Mr. Ehrlich asked the City Council to consider passing a moratorium to prevent any platting to come forward until after the referendum is held. Mayor Huber said there are negotiations being held and there are several City Council members on the Negotiation Team that will be working on this. There being no further questions or comments, Mayor Huber closed the public hearing. Councilmember Krebsbach said there is a gentleperson's agreement that the City would need a price determined by the property owner before a referendum can happen. Councilmember Duggan said the City will also need to hear from the Met Council for their determination on the land use. Councilmember Duggan moved to adopt Resolution No. 06-121: "A RESOLUTION AMENDING THE COMPREHENSIVE PLAN ESTABLISHING A LAND USE CA fl GORY OF"GOLF COURSE—SMALL"AND APPLYING TO LANDS WITH THAT DESIGNATION ON THE CITY'S OFFICIAL LAND USE MAP." Councilmember Krebsbach seconded the motion. Councilmember Krebsbach asked Staff to speak to the issue of the lack of notification to neighbors on tabled items as there has been feedback from neighbors that they have not been fully informed on the continued hearings. Mr. Danielson said the notices go out for the first meeting and at that first meeting, there is a public hearing, and if the PIanning Commission decides they need more time, they table or continue the item until the next month, and those people in attendance know that, and no new notices are ever sent out as the law does not require that. Commissioner Krebsbach said she had a chance to talk to Acting Chair Hesse of the Planning Commission who said the Planning Commission felt they had discussed this early that it was understood that the City had a dual track approach and it was time to call the question. Commissioner Krebsbach commended the Planning Commission for really discussing this case in all of their meetings and that the City Council has been well aware of what the Planning Commission has been discussing and it was time to do this. Ayes: 5 Nays: 0 CASE 06-36, REZONING Mr. Sedlacek said this is a request for rezoning to go with PAR 3 GOLF COURSE the comprehensive plan amendment. The rezoning would change the R-1 zoning to R-1A, which brings a lower density requirement to the area. Staff feels that this is in compliance with the court order. Mayor Huber opened the public hearing. Ms. Chasman asked about the heavily wooded areas that would be in the open space. Mayor Huber said that they may say that too much landscaping may feel too confined, and again,that would have to be determined. Mayor Huber said everyone will have to wait and see what happens, and the City Council will do their best to make the best use of the land that they can, and there will be public hearings when that time comes. Mayor Huber closed the public hearing. Councilmember Krebsbach moved to adopt Resolution No. 06-122: "A RESOLUTION REZONING THE MENDOTA HEIGHTS PAR 3 GOLF COURSE FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-1A SINGLE FAMILY RESIDENTIAL." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach said she would like to bring Item 6.c. of the Consent Calendar back for discussion. Councilmember Krebsbach moved to approve the cancellation of the December meetings of the Airport Relations Commission, Parks and Recreation Commission and the Planning Commission. Ayes: 5 Councilmember Schneeman seconded the motion. Nays: 0 DISCUSSION OF 2007 A meeting to discuss the 2007 goals has been tentatively GOALS WORKSHOP scheduled for February 9t. Mr. Danielson will confirm this official date and time at the December 19 meeting. COUNCIL COMMENTS Councilmember Vitelli reminded the audience of the tree lighting ceremony at the Village at Mendota Heights on Thursday, December 7th with festivities at 5:00 pm, and the tree lighting at 6:00 pm. Councilmember Schneeman suggested that the City Council members submit any ideas in relation to the upcoming goals setting workshop to Mr. Danielson ahead of time. Councilmember Krebsbach said she received some calls regarding the parking ban and asked Police Chief Aschenbrener to comment. Chief Aschenbrener said his officers have been issuing warning notices to residents to let them know about the ordinance and when it will come into affect. Chief Aschenbrener said this will help the city in their snow-plowing efforts. The ban will be in affect on December 15th and hope all the signs will be posted by the end of this week. Chief Aschenbrener said this ban has come about with City Council support. Councilmember Schneeman said a report came back from Blue Water Rivers on the status of Rogers Lake being very good. More information will be coming on that. Steve Sullivan, 777 Evergreen Lane, said he received one of the parking ban warnings and spoke his opposition of this ban. He has concerns about kids coming home from college for the holidays, and other family members coming to visit for the holidays, and asked that the City Council look at removing this ban. Mayor Huber said the City Council has discussed options for parking solutions, and found that this may be worth trying for a few months, and then bring this issue back to the City Council meeting for discussion on what worked and what didn't, and then after receiving public comments,they can determine how they want to proceed. Councilmember Krebsbach spoke on having the option for guest passes for certain situations. Councilmember Duggan suggested neighbors may be able to work out agreements with each other to allow additional vehicles being parked in neighbor's driveways if possible. Mayor Huber said he expects there will a lot of residents complaining about this ordinance, and appreciates all their comments, and hopes that an agreeable solution to the parking problems result from this. Councilmember Duggan and Councilmember Schneeman recently visited The Summit and real estate sales are going well, and asked for Council support to ask MnDOT to slow down the traffic along Highway 13 now that it is becoming more residential in that area. ADJOURN There being no further business to come before Council, Mayor Huber moved to adjourn to closed session for discussion on Public Works labor negotiations. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Time of Adjournment: 9:20 p.m. Rebecca Shaffer Recording Secretary AT_VEST: John J. Huber Mayor v-.i .)f hUU t tq:zg rna 1) 140Z+ygU MENUU'1'A H.U1'S MN 1,0001 City of nAAAAAAA Mendota Heights FAX TRA. NSMISSION COVER SHEET DATE: z s' D 7 TO: g4-1 c. FROM: cc.„ d,J FAX NO: • RE: gr_ • COMMENTS: You should receive page(s), including this cover sheet, If you do not receive all the page(s), please call me at 651-452 1850. 1I01 Victoria Curve •Mendota Heights, MN 55118 (651) 4652-1850 • FAX (651) 452-894E0 Ulf :ai GUU! 14:as tit ob140ZOULIU L 1 NJ)U1-A Lj UUc CITY OF MENDOTA IIEIGHTS MEMO . December I,2006 TO: Mayor, City Council and City Administratti FROM: Jake Sedlacek, Assistant to the City Administrate SUBJECT: Planning Case#06-36: City of Mendota Heights Rezoning from R I to R-1A Discussion • • The City of Mendota Heights has been ordered by District Court to reconcile our Comprehensive Plan and our Zoning Map in relation to the Mendota Heights Par 3 Golf Course. A companion proposal to amend the Comprehensive Plan(Planning Case 06-35)precedes this case. The combination of Comprehensive Plan change and Rezoning the property from R-1 to R-1A provides a number of limitations on residential development in the GC zone. Golf Course remains the preferred land use,but in the case of residential development,the R-1A use would . prevail,with a PUD requirement for significant conservation of open space and landscape buffering. With the adoption of the companion Comprehensive Plan amendment,the most appropriate zoning for Mendota Heights Par 3 Golf Course property would be the R-1A zoning district. This district allows single family residential developments as permitted uses and allows golf courses by Conditional Use Permit. Recommendation At their October 24 meeting,the Planning Commission tabled this case to the November 28, 2006 meeting after tabling Planning Case 06-35. At November 28, 2006 meeting,the Planning Commission voted 6-0 to approve the companion - Comprehensive Kan amendment and the related zoning change, in accordance with the planner's recommendation. The motion to pass the amendment also included a friendly amendment to recommend that the City Council move ahead with negotiations with the owner expeditiously on an acceptable purchase price and begin the referendum process. Council Action Required If the Council desires to implement the Planning Commission's recommendation, the Council may pass a motion to adopt Resolution 06- A RESOLUTION REZONING THE MENDOTA HEIGHTS PAR 3 GOLF COURSE FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-1A SINGLE FAMILY RESIDENTIAL,making any revisions the Council deems necessary. u�, e.u. e.vu. ...z.vu a•nn VJ�,X 4L0.7`iU IRti UUltt rili.] farm LpJ U1K1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 06- A RESOLUTION REZONING T.H. ;MENDOTA H I+;IGHTS PAR 3 GOLF COURSE FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-1A SINGLE FAMILY RESIDENTIAL • WHEREAS,the City of Mendota Heights has applied for a Zoning Designation change from R-1 to R-1A for Mendota Heights Par 3 Golf Course at 1695 Dodd Road (Auditors Subdivision#3 all of L-42), as proposed in planning case 06-36, and WHEREAS,the City of Mendota Heights has been ordered by District Court to ensure that the Comprehensive Plan and the Zoning Ordinance are reconciled, and WHEREAS, the R-1A residential district allows single family development on lots of 40,000 square feet and 150 feet of width, and WHEREAS, a companion proposal to amend the City of Mendota Heights Comprehensive Plan has been submitted to change the Golf Course designation to allow for limited residential development under the R-1A density. NOW,THEREFORE BE IT RESOLVED by the City Council of the City of - Mendota Heig:ats to rezone the Mendota Heights Par 3 Golf Course from R-1 to R-1A. BE IT FURTHER RESOLVED that in support of the above approval,the Council hereby makes the following Findings of Fact: 1. Rezoning would bring the property zoning district into consistency with the Comprehensive Plan,as amended. Adopted by the City Council of the City of Mendota Heights This 5th day of December,2006. ATTEST; CITY COUNCIL CITY OF MENDOTA HEIGHTS BY BY Kathleen M. Swanson, City Clerk John J.Huber,Mayor .. .,... lux,muvin uuao iuo fir. uvdi • NAC.� .. NORTHWEST ASSOCIATED CONSULTANTS , INC . -3='- ' 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 7 Telephone: 76'3.231 .2555 Faosirnile: 763.231.268i planners@naoplanning.com • • MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: October 18, 2006 MEETING DATE: October 24, 2006 SUBJECT: Rezoning from R-1 to R--1A • CASE NO: NAC Case 254.04—06.44 APPLICANT(S): City of Mendota Heights LOCATION: Mendota Heights Par 3 Golf, Dodd Road ZONING: R-1, Single Family Residential GUIDE PLAN: GC Golf Course Background and Description of Request: The City is proposing to rezone the Mendota Heights Par 3 Golf Course from its current R-1 zoning designation to R-1A, a residential district that allows single family development on lots of 40,000 square feet and 150 feet of width. In a companion proposal, the City(is proposing to amend its Comprehensive Plan by revising the language of the GC, Golf Course land use designation to allow for limited residential development under the R-1A density. The language of the Comprehensive Plan amendment provides for a series of limitations on the residential development of GC guided property, including a restatement that golf course uses continue to be the preferred land use. However, where residential uses are proposed, R-1A densities shall prevail, and a PUD requirement will be imposed that is intended to require a significant conservation of open space and andscape buffering. The open space requirement should help mitigate • the loss of the open space use to the surrounding neighborhood and to the public. • .. ,... ... .... �_ v"R.. s43+1,MV4A Wail] LUJI VVaJ • • Analysis: • • • Consideration of a rezoning of property is reviewed as to its conformance with the • directions of the Comprehensive Plan. With the adoption of the companion Comprehensive Plan amendment, the most appropriate zoning for the Mendota Heights Par Golf property would be the R-IA zoning district. This district permits single family residential uses as permitted uses, and allows golf courses by Conditional Use Permit. As noted in the report relating to the Comprehensive Plan amendment, any proposal to put the property to residential use would require the use of the City's P.UD regulations, and consistency with the directions for open space and other requirements of the proposed amendment. Action Requested: Following a public hearing, the Planning Commission may consider one of the following recommendations: 1_ Approval of the rezoning from R-1 to R-1 A, based on a finding that the rezoning would bring the property zoning district into consistency with the Comprehensive Plan, as amended. • 2. Denial of the rezoning,.based on a finding that the current R-1 zoning reflects the most appropriate land use district under the direction of the Comprehensive Plan. Staff Recommendation: Staff recommends the rezoning from R-1 to R-1A as proposed. As noted, the rezoning is intended to work with the companion Comprehensive Plan amendment to accommodate continued use as a golf course, or allow for potential low density residential uses with large amounts of preserved open space. Supplementary Materials: 1. None • • v1i L.J/ e.V V a A4.uu rxn VOL4040U4V arangUln 111.10 MIN ,fir. uun CITY OF MENDOTA MIAGHTS MEMO December 1, 2006 TO: Mayor, City Council and City Administrator • FROM: Jake Sedlacek, Assistant to the City Admini or S SUBJECT: Planning Case#06-35: • City of Mendota Heights . Amendment to Comprehensive Plan Discussion The City of Mendota Heights has been ordered by District Court to reconcile our Comprehensive Plan and our Zoning Map in relation to the Mendota Heights Par 3 Golf Course. As the result of numerous lengthy discussions,the City Council and staff have determined that the best way to follow the court order and try to protect the priorities of the City of Mendota Heights is to amend the Comprehensive Plan. A Comprehensive Plan amendment to address land use designation is just one part of a dual track process that the City Council has pursued,the other track relating to investigating the possibility • of attempting to purchase the golf course through referendum. The issue before Council this evening focuses on land use designation. At the October 24, 2006 Planning Commission meeting, staff presented an amendment to the golf course land use designation which refined the type of residential development, only allowing development as Rl-A, single family low density. In addition to limiting development to RI--A, development in the GC designation would•be under a PUD which required 33 percent of the total property be placed into a commonly held conservation easement. This action would allow approximately 19 homes to be built on the property, and provide the city some flexibility in the - preservation of open space_ Lots may vary in size,but could be no less than.60% of the zoning district minimum(24,000sq feet). A number of residents spoke about the importance of preserving the Golf Course, a couple of residents spoke to the preservation of land owner rights. Commissioners had concerns about applying a Comprehensive Plan amendment to all golf courses and the perception of this amendment being viewed as a"green light"to developers. Commissioners also questioned the necessity of taking action on the Court's direction, the possibility of condemnation and possibility of referendum. After lengthy discussion the issue was tabled to the November 28th Planning Commission meeting. At the November 28,2006 meeting, staff presented Planning Commissioners with a slightly • modified amendment,which applied the concepts from the originally proposed amendment to small golf courses(20 acres or Iess) only. Additionally, at the request of the property owners,the 33%open space could be privately held,•with a conservation easement in favor of the City. This new amendment meets court requirements, applies only to the Par 3 property, and provides a more active role in site planning and open space preservation than a straight residential designation. No residents spoke on the amendment,however one citizen spoke with staff after the meeting, stating that he felt there should have been a re-notification about he meeting. Staff t�,uu ±iSS. vu 4, 11IL.& .,-!IIh ASViJ uLs rUI • explained that the issue had been clearly tabled at the October 24 meeting, and the changes to the amendment limited the scope of the change,but not the content or character of that change. Commissioners had questions'about the change to language regarding designated open space, and what is being done to negotiate towards a potential referendum. Staff felt that the current amendment does:rot limit the preservation of open space, but provides another option for preservation which may provide the city greater authority in enforcing preservation of natural area. Staff also infoaured the Commission that a negotiating team has been developed to work with the owners, and that April 2007 is a potential time frame for a referendum, if a price can be negotiated. Recommendation At their November 28, 2006 meeting,the Planning Commission voted 6-0 to approve the amendment and the related zoning change,in accordance with the planner's recommendation. The motion to pass the amendment also included a friendly amendment to recommend that the City Council move ahead with negotiations with the owner expeditiously on an acceptable purchase price and.begin the referendum process. Council Action Required If the Council desires to implement the Planning Commission's recommendation, the Council may pass a motio:r to adopt Resolution 06- A RESOLUTION AMMENDING THE COMPREHENSIVE PLAN ESTABLISHING A LAND USE CATEGORY OF"GOLF COURSE—SMALL"AND APPLYING TO LANDS WITH THAT DESIGNATION ON THE CITY'S OFFICAL LAND USE MAP, making any revisions the Council deems necessary. • «.... ....... . ....., a...., ..0„RYUA.V 4''1L4 1TU.I LLiA lllY.LQ 3tliv uuo CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 06- A RESOLUTION AMENDING THE COMPREH I NSWE PLAN ESTABLISHING A LAND USE CATEGORY OF"GOLF COURSE—SMALL"AND APPLYING TO LANDS WITH THAT DESIGNATION ON TIM CITY'S O) iICAL LAND USE MAP WHIEREAS,the City of Mendota Heights has applied for a Comprehensive Nan Amendment fo:r the Par 3 Golf Course at 1695 Dodd Road(Auditors Subdivision#3 all of L- 42)to establish a land use category of"Golf Course—Small,"as proposed in planning case 06-35, and WHEREAS,this new designation would apply to the Mendota Heights Par 3 golf course, and WHEJU AS,the City of Mendota Heights has been ordered by District Court to ensure that the Comprehensive Plan and the Zoning Ordinance are reconciled. NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that a Comprehensive Plan Amendment Establishing a Land Use Category of"Golf Course—Small,"is hereby approved subject to Metropolitan Council Approval. BE IT FURTHER RESOLVED that the amendment be applied to lands fitting that designation on the City's official land use map. Adopted by the City Council of the City of Mendota Heights This 5th day of December,2006. ATTEST: CITY COUNCIL CITY OF MENDOTA HEIGHTS BY BY Kathleen M. Swanson, City Clerk John J.Huber,Mayor s sa.. MAIM/VIA Eltx10 UU`J • City of Mendota Heights Comprehensive Plan Amendment Establishing a Land Use Category of - "Golf Course - Small" in the Comprehensive Plan, and applying to lands with that designation on the City's official land use map November, 2006 L, e.yr euue 3.•t..tu i•AA. U01.1.J6U.7YV ii11;1V11U1H t11.310 Diri _ Quit) This amendment creates a new type of Golf Course land use designation, in addition to that found on page 53 of the 2002 Mendota Heights Comprehensive Plan. Current text is shown in regular type. Additional text is provided underlined. Text to be removed is shown in strilc-tout. (The highlighted changes • are those made from the original GC amendment proposed to apply to all GC designated lands.) Golf Course (GC) - Small The City currently has one small (<20 acres) private golf course within the community (Mendota Heights Par 3). The Golf Course land use • designation is intended to distinguish the commercial/recreation/open space characteristics associated with a small golf course. The corresponding zoning district classification for a small golf course is R-1A (One Family Residential District), • Lands designated for the GC - Small, Golf Course use shall be intended to be preserved for the operation of golf courses. However, such lands may also Eccommodate limited residential development, according to- the • zoning district in which they are located. When such residential development is proposed, it shall comply with the following requirements: • 1. Residential development must be designed under the City's Planned Unit Development zoning regulations, currently codified as Title 12, Chapter 1, Article K. 2. Residential development must be designed in such a way as to provide for densities at a level no greater than could be achieved through a subdivision design consistent with the designated zoning district that does not utilize a PUD design layout; 3. Any residential development shall be designed to maximize open space in the project, with the requirement that open space be concentrated, where practical in areas adjacent to existing residential development and public streets. In addition to the impervious surface regulations of the PUD zoning, Golf Course residential development shall be required topreserve no less than 33% of the gross area of the project as common open space. 4. pen space areas in the residential project shall be owned by a homeowner's association consisting of all of the owners in the development, and shall also be covered by a conservation • easement in favor of the City: In the alternatives a development may provide for open space meeting the requirements of this tux/L.7/GUUI IA*.}1 t'%A UUJ .)GOry4U i,1Civuu in Mal R11V ;jVxl • classification through preservation of privately owned areas subject to a conservation easement in favor of the City of Mendota Heights. Under this alternative, a proposed development shall demonstrate that the open space design and intent of the land use category will be maintained through individual private efforts without reliance on a separate association. 5. 13oth the common• open space and the private residential lots shall be heavily landscaped to maximize screening of structures from ;adjacent residential neighborhoods and public streets. 6. 'To increase open space and setbacks from adjoininaproperty, the PUD layout may provide for reduced individual lot areas to a minimum lot size that is no less than 60% of the zoning district minimum. Lot widths, however, shall not be reduced through the PUD. 7. The residential design of a project in the Golf Course land use category shall comply with all other requirements of the base zoning district. .,.. NAC . NORTHWEST ASSOCIATED CONSULTANTS , INC . 4800 Olson -Memorial Highway. Suite 202,- Golden Valley, MN 55422 • Veit4 Telephone: 763.231.2555 Facsimile: 763.231.2551 planners@nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: November 22, 2006 MEETING DATE: November 28, 2006 SUBJECT: Comprehensive Plan Amendment-- GC, Golf Course CASE NO: NAC Case 254.04 — 06.02 APPLICANT(S): City of Mendota Heights LOCATION: Mendota Heights Par 3 Golf, Dodd Road ZONING: R-1, Single Family Residential GUIDE PLAN: GC, Golf Course Background At its October meeting, the Planning Commission tabled action on the proposed Comprehensive Plan amendment for the GC, Golf Course land use designation. The primary issue related to the prospect that the change in the text of the Comprehensive Plan would potentially impact the other golf courses in the community (Somerset and Mendakota), and/or the neighbors of those courses. Because of this potential impact, the Planning Commission was concerned that those-parties should receive a more direct notice of ife proposed change and have the opportunity to comment. The City Council's concern has been to limit the breadth of the proposed change, with the intention that rezoning would occur only on the Par 3 Golf Course. The City Council - had indicated that they would address issues with the other golf courses in the future, perhaps as a part of the-City's overall Comprehensive Plan update in 2007-2008. To better tailor this issue to the Par 3 Golf Course,.staff has developed an alternative amendment that would address only GC designated property of limited size. This alternative creates a new land use classification called GC --Golf Course (Small) for VI/1,1/ LW)1 .L•l.J1 CHA, OU1YJLb.7�3V 11IL'IVUUI'H rill i'J MN LJUI$ golf course properties under 20 acres in area. Under this concept, the PUD and design requirements would apply only to this classification, and not to the other, larger golf courses in the community. This amendment would accomplish the objective of addressing the Court's requirement for correcting the land use—zoning conflict on the Par 3 property. As with the previous proposal, the City would address the other golf courses at the time of the general Comprehensive Plan update since there is no current requirement to do otherwise. One other change is being considered to the previous text proposal. In the original concept, the development of residential uses in this classification would be required to include commonly-owned and maintained open space of at least 33% of the subject property. The owners of the Par 3 course are seeking amended language that would provide for that level of open space through the design process, but would permit the open space areas to be owned by individual lot owners. They are concerned that association-owned property will not be attractive to the type of buyer seeking a "Hidden Creek" style development. Staff believes that this concept can work, although it will be important to carefully review any plan utilizing this concept, and will likely require that the City hold a conservation easement over the "open space" areas to ensure long-term compliance with the intent of the project. A revised amendment is attached to this report reflecting the proposal to create the Golf Course (Small) designation, and the alternative language addressing the potential for privately held, rather than commonly held, open space. As a final note, the City Council is working with the property owners to provide for a potential referendum on a City purchase of the property for public open space use. This option is proceeding on a parallel track to the Comprehensive Plan amendment. Due to the timing of both tracks, the City Council is planning to consider the amendment proposal at its December 5th meeting. Action Requested: Following the completion of the public hearing, the Planning Commission may consider one of the following alternative actions: 1. Approval of the Comprehensive Plan amendment to the GC, Golf Course land use classification as originally presented, and a rezoning of the Par 3 Golf Course property to R-IA. • 2. Approval of the Comprehensive Plan amendment creating a new GC, Golf Course (Small) land.use classification, re-guiding the Par 3 Golf Course properly to GC — Small, and rezoning the property to R-1A. 3, Denial of the Comprehensive Plan amendment, with direction for alternative • changes to meet the requirements of the Court. • 2 u.!/ c.-J/ euu, L9.0r FAA U 14:7GO V U IWi'JJU1A R1k 10. arl oul4 Supplementary Materials: • 1. Original GC Comprehensive Plan Text : 2. Revised GC —Small Comprehensive Plan Text • • • • u1t LU/LW)! 141:U r rtiA 1314iD4OV' U 111L;LNUU'1'A HU I'S h!N 14015 • NAC/ y NORTHWEST ASSOCIATED CONSULTANTS , INC. u=41:*_ r''' 4800 Olson Mei-iada! Highway Suite 202, Golden valley. MN 55422 .'4 M`VW Telephone: 763.231 .2555 Facsimile: 763.231.2561 - planners@nacPlarining_corn MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman • DATE: October 18, 2006 MEETING DATE: October 24, 2006 SUBJECT: Comprehensive Plan Amendment—Golf Course Land Uses CASE NO: NAC Case 254.05— 06.02 APPLICANT(S): City of Mendota Heights LOCATION: NA ZONING: NA GUIDE PLAN: GC, Golf Course Background and Description of Request: Following the court decision on the conflict between the zoning and Comprehensive Plan land use designation for the Mendota Heights Par 3 Golf Course, the City has been working on the options for resolving the conflict. The court found that the City's designation of the land use for Golf Course, coupled, with the zoning of the land as R-1, Single Family Residential, created a conflict between the two land use documents, even though Golf Courses are an allowed use in the zoning district. A number of optio,is were investigated, with the City working toward the goals of - preserving open space if possible, minimizing impact on the surrounding neighborhoods where possible, and limiting the City's risk of further litigation. Options included changes to the zoning of the property, the language of the zoning district, the land use designation of the property in the Comprehensive Plan, and the potential operation of the golf course as a City facility. vti.L.Jf LUUI 1%.a1 rttA aa14aL{S,qu 1f11;NVUiA 11Gii'a a1N L5Jultl Some of the options were rejected as not meeting the goals stated above, and the City • . • has not made a final decision regarding purchase of the golf course. As a part of the proposed solrition, the City Council has directed staff to prepare a • proposed amendment to the Comprehensive Plan that would redefine the potential land uses in the GC, Golf Course designated areas. The attached amendment expands the potential uses in this land use category to include residential development that will • conform to a series of specific standards under the R 1A zoning district density, and a Planned Unit Development design approach that is required to maximize open space, buffering, and compatibility with residential uses. • This amendment would be to the text of the City's Comprehensive Plan only. A companion proposal would be the rezoning of the specific property to the R1A zoning district. As noted in that planning report, golf courses are an allowed use (by Conditional Use Permit), as is single family residential development. The amendment to the Comprehensive Plan would continue to direct golf course uses, but would also allow limited residential development under specific requirements. Analysis: The proposed amendment introduces the potential for limited, low density residential development of the lands that are designated as Golf Courses by the City's land use plan. While the ultimate objective for the City would have been to retain the golf course use, there was concern that the City could not succeed with that objective given the courts' directives, short of purchasing and operating the golf course as a municipal facility, The proposed amendment does not affect the City's ability to consider the ownership option, however at this time, the City Council has not determined the feasibility of that z oncept. The Comprehensive Plan amendment lays out a series of specific requirements for a landowner with Golf Course-designated property who wishes to develop residential lots. These requirements are as follows: • 1. Residential development must be designed under the City's Planned Unit Development zoning regulations, currently codified as Title 12, Chapter 1, Article K. 2. Residential development must be designed in such a way as to provide for densities at a level no greater than could be achieved through a subdivision design consistent with the designated zoning district that does not utilize a PUD design layout. • 3. Any residential development shall be designed to maximize open space in the project, with the requirement that open space be concentrated, where practical, in areas adjacent to existing residential development and public streets. In addition to the 25% maximum impervious surface regulations • of the PUD zoning, Golf Course residential development shall be required 2 Uyi LJ. LUU* J. .UU ran. Ui714JLO0-`!U filtrillU1 LeJU17 • to preserve no less than 33% of the gross area of the project as common open space. . 4. Common open space areas in the residential project shall be owned by a homeowner's association consisting of all of the owners in the development, and shall also be covered by a conservation easement in favor of the City. 5_ Both the common open space and the private residential lots shall be heavily landscaped to maximize screening of structures from adjacent residential neighborhoods and public streets. 6. To increase open space and setbacks from adjoining property, the PUD layout may provide for reduced individual lot areas to a minimum lot size that is no less than 60% of the zoning district minimum. Lot widths, however, shall not be reduced through the PUD. 7. The residential design of a project in the Golf Course land use category shall comply with all other requirements of the base zoning district. The effect of the amendment is to require a development design that meets the density and lot width requirements of the R-1 A zoning district, but utilizes the PUD zoning flexibility to consolidate open space and landscaping buffer areas in such a way as to protect the surrounding neighborhoods from potential negative'impacts of the change from a neighboring open space use to a residential subdivision. It is expected that the City will retain broad discretion in directing and controlling the design and development of such a plat with these Comprehensive Plan objectives in place. Action Requested: Following a public hearing, the Planning Commission may consider one of the following recommendations: 1. Approval of the Comprehensive Plan Amendment, based on findings that: (a) The proposed amendment will resolve the conflict between the zoning ordinance and Comprehensive Plan designation found by the Minnesota courts; (b) The amendment will minimize the potential impacts of residential development on neighboring residential areas; (c) The amendment will retain the open space and/or green space character of the area; and (d) The amendment provides for an alternative to strictly golf course uses that is economically viable and allows for reasonable use of the property. 2. Denial of the Comprehensive Plan Amendment. If the Planning Commission selects•this option, a list of findings should be developed to support the. . recomrr.endation. 3 u li zai zuu r .14:Sts FAA b514528U4U M NDOTA HGTS MN 10 018 • Staff Recommendation. Staff recommends approval of th.e amendment. The City Council has worked diligently to find a.resolution to the issues raised by the Court decision, the interest of the neighborhood, the interest of the property owners, and the interests of the City as a whole. Supplementary Materials: 1. -Proposed Comprehensive Plan Amendment Language --. -• .••••• ..,., .......-r...,.�..z.. lsiawl salvin al�scu crass a V li! City of Mendota Heights Comprehensive Plan Amendment Lands Designated for the Land Use Category "Golf Course" in the Comprehensive-Plan • October, 2006 u-., s.•rr auu. A�.vu inn V.atYei..V.7YU me€ ut.un I2tai.7 ULP( 14.jUGU • This amendment applies to the definition of the Golf Course land use designation, found on page 53 of the 2002 Mendota Heights Comprehensive Plan. Current text is shown in regular type. Additional text is provided underlined. Text to be removed is shown in strikceut. (The highlighted changes are those made from the previous draft.) Golf Course (GC) The City currently has three private golf courses within the • community (Mendakota, Somerset, and Mendota Heights Par 3). The Golf Course land use designation is intended to distinguish the commercial/recreation/open space characteristics associated with golf courses. The corresponding zoning district classifications arc R 1, R 2, and is R 1A (One Family Residential District). Lands designated for the GC, Golf Course use shall be intended to be preserved for the operation of golf courses. However, such lands may also accommodate limited residential development, according to the zoning district in which they are located. When such residential development is proposed, it shall comply with the following requirements: • 1, Residential development must be designed under the City's Planned Unit Development zoning regulations, currently codified as Title 12, Chapter 1, Article K. 2. Residential development must be designed in such a way as to provide for densities at a level no greater than could be achieved through a subdivision design consistent with the designated zoning district that does not ..utilize a PUD design layout. 3. Any residential development shall be designed to maximize open space in the project, with the requirement that open space be concentrated, where practical, in areas adjacent to existing residential development and public streets. In addition to the impervious surface regulations of the PUD zoning, Golf Course residential development shall be required to preserve no less than 33% of the gross area of the project as common open space. 4. Common open space areas in the residential project shall be owned by a homeowner's association consisting of all of the owners in the development, and shall also be covered by a conservation easement in favor of the City. 5. Both the common open space and the private residential lots shall be heavily landscaped to maximize screening of structures from adjacent residential neighborhoods and public streets. U L/GO, 4.,,U 14.00 i'1LA U01,1 40y4U riiila kI1V LJUzt 6. To increase open space and setbacks from adtoining property1 the PUD layout may.provide for reduced individual lot areas to a minimum lot size than: is no less than 60°/© of the zoning district minimum. Lot widths, hay/ever, shall not be reduced through the PUD. 7. The residential design of a project in the Golf Course land use category shall comply with all other requirements of the base zoning district. v l./L:i/Luut 1,*..J rnA oulqaLooqu RitIvl/Uta nibila MA vim. vc.c • • CITY OF M"NDOTA HT.IGHTS MEMO September 29, 2006 TO: Mayor and City Council FROM: :-awes E. Danielson, City Administrat n SUBJECT: Par 3 DISCUSSION: • At the September 19th meeting the City Council scheduled this workshop to discuss the proposed Comprehensive Plan changes for the City's golf courses with the City Planner. The- first issue is the R-1/R-1A zoning designations. Planner Grittc uan remembered from the previous workshop that the City Council was concerned about the impacts of this Comprehensive Plan Amendment on Mendakota and Somerset Country Clubs. That is the reason he left the R-1 Zoning designation in place. If the City would change the comprehensive plan for golf-courses to be only R-1A, the City would be required to change the zoning for all the courses to match the Comprehensive Plan within 9 months after the change. Secondly, the requirement for 50%common space will result in the Par 3 only being able to have 14-15 lots. When I informed the Par 3 landowners about the impending change, I showed them Steve's example layout that has 19 lots (attached). Upon reviewing the proposed change they informed me that they would not take further legal action if they are able to have 19 lots. ACTION REQUIRED: Review the proposed Comprehensive Plan Amendment language with Planner Grittrnan and give Staff guidance on any changes. Council will need to order a public hearing by resolution at tonight's regular meeting for the October Planning Commission meeting. '7'i/2007 14:59 FAX 6514528940 MENDOTA HOTS 14N 1JU23 • ,...... . -_,,: -...-7.-4-••'• . -,,....f.,,,;;.. .......•t.. ''7"q,'„•.".•'• '".-Nrn .2.1.-4...:.-,e'r..1*. - .. '1," .,.. • ill_,,a. ', , .>� t ;» ^ ra*rh r ti-I �.�.r+: fir•�t- isleG:. -.� µ "�1 • , ••-- zip •• ier`a„z;, --,,,,_"�s7,w a0` ` 1 .,. "•,• •- it r�_` O ..+.1 : .4, }._tars: 'tiray"-•'ce .:. .-14;.; ''r '•�;"3,s.�" .� "t $ N �M 3� .r"' ti '.; fT ;+ �-,.S - ',! �• �• c"ui•.•Y."':,i 4[8�4'"�1.'r t , '- s rit-,•.4., ,- trr4........, _„.5,..„7„...,,,,.. .. rs t •••••. 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O • -••••ri'� `�,..2.............7-,,, a� - Y-A t`Ct.*r s f ^sr�? :r..i Sd„,-, 5 tw• x 1 .sf}ti-3'c ' ''7.�t'�.:'�'�:c":'stv i5 F+�:s. 1 .k` 'c, ,�4 '1�...,U•' "�e f f_ r TP -1117 t. �{!�. •• rM'-5�-.:'��_,a"""'. 'Y - r t - !4 e 2 ` .7,w:' ""`r.- , .,'x=4' 0 -.;" Jti r - tciv. t..x:iy, „ ¢.,•i* --Tr 3 r?: .. *1...5 w•• ? ^ 0 f. :. .1*,:z_...f a ,,., r s 1, -r'' • d t 17s rs".p.61. . _:• •y `-flc d rarf4/ 0') 19 6, &oa .7 Minnesota Golf Proclamation The Minnesota Section PGA and Minnesota Golf Association would like the state of Minnesota to proclaim that the week of April 23- 29, 2007 is the Minnesota Golf Opener. Whereas, golf is not just for the elite- the state consistently ranks at or near the top in golfer participation in the United States according to the National Golf Foundation. More than 700,000 Minnesotans play golf and Minnesota ranks 11th in the United States in number of golf courses. Whereas, the golf industry in Minnesota is a 600 million dollar industry, directly employing more than 10,000 people. Whereas, there are numerous programs for juniors of all economic status to get involved in golf and grow the sport in Minnesota; The First Tee, Fairway Foundation,Minnesota Section PGA and MGA provide programs to introduce juniors to the game. Whereas,we have premier facilities, courses, and PGA professionals, Minnesota is recognized as a leader in the golf industry and golf visitors ranked Minnesota fourth highest from a list of golf destinations behind only Florida, Arizona and South Carolina. Whereas, charitable contributions of more than 15 million dollars in 2006 were made to hospitals, non-profit health associations and other charitable groups from golf tournaments in Minnesota. Now therefore be it proclaimed that the week of April 23-29, 2007 is the Minnesota Golf Opener. • • C , Y' 4 yy. • TEIE PGA aF ` 4 GLOBAL ECONOMIC SUMMIT ,• r � � Golf: A Global A m Industry a P..• ERS GOLFE/4, (PGA) /y ` 1 O d ~ 1911 The Professional Golfers' Association a 8 A USrR NOP' 0E+411'I ERA .. ff�£ Australia & Asia Pacific Golf industry Presented by Max Garske Chief Executive Officer, PGA of Australia GO LF�RS (PGA) z ryfr 41JSTR1k0' Presentation Outline • Overview Australian Golf Industry • Key findings of Australian Golf Industry Report • Overview of the Asia Pacific region • Economic and other impact issues • Conclusion Overview of Australian Golf Industry • Australia is a comparatively small golfing nation in global terms • 1 .25 million golfers • 1 ,700 golf courses • Strong and significant player in the Asia Pacific golf scene — Punches above its weight in global terms Source: Ernst & Young and PGA of Australia KeyFindings - 2004 Australian Golf Industry Economic Report • Australian golf economy $US2 .2 billion* • $USI ,700 per golfer • Significant employment 23 , 000 direct jobs • Two jobs created for every 100 golfers • Many more are employed in industries indirectly associated with golf * Based on Australian to US dollar exchange rate of $0.89 Source: Ernst & Young and PGA of Australia Key Findings - Australian Golf Industry - compared with other Australian industries • Free to Air TV $US3.9 billion • Golf Economy $US2.2 billion • Horse and Dog Racing $US1 .52 billion • Book & Other Publishing $US1 .31 billion • Radio Services $US780 million • Creative Arts $US670 million Source: Ernst & Young and PGA of Australia _ _ Australian Golf Economy Contributors • Direct industries contribute $US1 . 71 billion or 81 • 19% from associated industries • Golf Facilities account for 54% or $USI . 13 billion ❑ Golf Facilities 1 G% ▪ Golf Course Investment 3% 6% 11111.11111111111"."7 =` ElGolf Equipment & Supplies �`r 54% ❑ Associations, Charities, 11% Endorsements &Tournaments 10% ■ Real Estate ❑ Hospitality & Tourism Source: Ernst & Young and PGA of Australia Overview of the Asia Pacific Region - Golf Course Distribution _ • Australia - 1 ,700 MONGOLJA IK • China incl H.K) - 311 NORTH OREA PAKISTAN SOUTH le JAPAN • India - 31 KOR EA iirNEPAL BHUTAN CHINA • Indonesia - 100 BANGLADESH T,JWAN 'A "Y • Japan - 2,500 THAILAND tPHIIJPPINES }�k, • Malaysia - 256 RITNAM / SRI LANKA • New Zealand - 336 ,:Ni'Rait4 ‘ii 4g:: Iliii RyPUR F=UINEA • Philippines - 80 INDONESI0. .4116.1111;. ,r z_r r - • Taiwan — 35 • Thailand - 200 • Singapore - 14 NEWZEALAN 4Vg • South Korea- 200 Source: PGA of Australia * As of January 2006 Overview of the Asia Pacific Region • Estimated total courses in Asia Pacific — 6 , 000 • Number of golfers - in excess of 6, 000 ,000 — Dependant upon the definition of "golfers" • Mature golf markets — Australia, Japan , Malaysia , Myanmar, New Zealand , Taiwan , Thailand and Singapore — Account for 80% of total golf courses in Asia Pacific Region Source: PGA of Australia Overview of the Asia Pacific Region • Hot spots include - South Korea and China — South Korea expected to double number of courses by 2016 to 400. — 40 % current growth rate of golf course construction in China • Countries such as India , Indonesia and Vietnam have potential dependant upon : — Strength of economy — Availability of suitable land — Cultural issues Source: PGA of Australia Conclusions for Asia Pacific Region • Based on the trends from the three golf economy reports we can assume: — That the size of the Asia Pacific golf economy would be similar to that of Europe and in time perhaps the USA — As the quality of local players improves so to will consumer demand — Asia Pacific will experience strong growth of facilities and players over the next 10 to 20 years based on current trends Source: PGA of Australia European Golf Industry Presented by Sandy Jones Chief Executive, PGA of Great Britain & Ireland Chairman, PGAs of Europe PG The Professional Golfers' Association Golf in Europe • Golf directly contributes an estimated $US19.9 billion to the European economy • This region of the world comprises more than 6 ,300 golf courses with Great Britain and Ireland accounting for nearly 50% of the supply • With an estimated 4. 1 million registered golfers, the golf economy has a value of $US 4,846 per golfer. Source: Sports Marketing Surveys, PGA of Great Britain & Ireland and KPMG Ltd. Golf Economy Contributors Existing golf facilities account for 51 % or $US10 billion of the total golf economy in ❑ Existing Facilities Europe 12o/a 0 Golf Equipment 19% ❑ Golf Events 7:114141- ❑ Advertising & Media 4% • Course Construction & -5Renovations °/o 8% Renovations Employment 1% ■ Tourism Roughly $US3.9 billion of the economy is attributed to the employment of 120,000 full time jobs Source: Sports Marketing Surveys and PGA of Great Britain & Ireland Impact from Existing Facilities • Golf facilities realized $US7 billion in gross income in 2006 exclusive of golf instruction • Golf instruction represented an additional $US405 million • The gross annual income for golf courses averaged $US1 million ; $US194,000 average for golf ranges • Annually, golf facilities host 3 million rounds • Typical course: ➢ Hosts 24, 000 rounds of golf per year ➢ Employs and average of 14 people on a full-time basis Source: Sports Marketing Surveys, PGA of Great Britain & Ireland and KPMG Advisory Ltd. Golf Equipment • The golf equipment business is estimated at $US1 .6 billion with a large portion of these sales going through shops at golf courses • Equipment spending on a per golfer basis is estimated at $US393 for 2006 Source: Sports Marketing Surveys and PGA of Great Britain & Ireland Golf Course Construction/Renovations • An average of 83 golf courses are built each year in Europe • At a cost of $US5.2 million per course, new course development accounts for $US430 million in impact • Golf course and facility improvements represent an additional $US323 million for 2006 Source: Sports Marketing Surveys and PGA of Great Britain & Ireland Golf Tourism • The golf tourism industry is valued at $ US2 .4 billion and accounts for 10.8 million hotel nights • $US2 . 1 billion is attributed to the European market while $US290 million is generated by non-European tourists, the majority of which target the UK • Key factors that encourage golfer visitations include: ➢ Good weather ➢ Trophy courses ➢ A different culture Source: Sports Marketing Surveys and PGA of Great Britain & Ireland Advertising & Media • This represents a $USI .0 billion business in Europe with the majority ($US774 million) from sports channel subscriptions • Golf magazines account for $US116 million of this industry segment with monthly circulations of golf magazines estimated at 15 million . • Dollars spent on advertising account for the remaining $US129 million Source: Sports Marketing Surveys and PGA of Great Britain & Ireland Professional Golf Events • An estimated 30 million adults watched 3 , 700 hours of golf coverage on European TV in 2006 • With 72 events staged over 300 days , golf on TV is growing at a significant rate • The cost of staging the events and prize monies is estimated at $US258 million Source: Sports Marketing Surveys and PGA of Great Britain & Ireland Golf' s Contribution to the European Economy* Existing Facilities $US 10, 002, 660, 000 Employment 3, 870 000, 000 Golf Equipment 1 , 612 500 000 Course Construction & Renovation 752, 070, 000 Golf Tourism 2, 354, 250, 000 Advertising and Media 1 , 019 100 000 Professional Golf Events 258, 129, 000 rotal Direct Impact - $US 19, 868, 709, 000 otal Impact_w/ multiplier _ _ $US 39, 737 418 000 Based on Euro to US dollar exchange rate of $1.29 Source: Sports Marketing Surveys and PGA of Great Britain & Ireland The U . S . Golf Economy Presented by Joe Steranka Chief Executive Officer, PGA of America 60S FERs, ,5 en PGA — OpAHE0.�c, U . S . Golf is Big Business The U.S. Golf Economy Compared with Other Industries' Sales ($ billions) Furniture and home furnishings (retail) $74.1 Electronics and appliances (retail) $70,2 Golf (including core and enabled $62.2 industries) Motion pictures and sound recording $57.8 Amusement, gambling and recreation $55.9 Mining (except oil and gas) $51 .6 Source: SRi, Golf 20/20 and The PGA of America Spotlight on America's $62B Golf Economy • Golf Fees • Merchandise/Retail Sales • Capital Spending • Professional Tournaments, Charities & Associations • Real Estate • Tourism Golf Fees Golf facilities in the US generated an estimated $20.5 billion in revenues in 2000 ($US millions) Green/Guest Fees $5,739 Membership Dues & Fees $7,379 Food & Beverage sales $4,919 Golf lessons, rentals and $2,459 other services otal $20,496 Roughly 40% or $8.2 billion in revenues goes toward facility payroll Source: SRI and Golf 20/20 U .S . Golf Course Typical course: • Hosted an estimated 36, 300 rounds of golf in 2000 (now averaging 33,300 rounds) • Employs and average of 17 people on a full-time basis and 40 people in total Source: SRI, Golf 20/20, The PGA of America and NGF Merchandise/Retail Sales Consumers spent an estimated $6 billion on golf merchandise and publications in the US in 2000 ($US millions) Equipment $4,096 Apparel $989 Books, Magazines $897 Total $ ,982 Source: SRI and Golf 20/20 Capital Spending Golf course capital spending on renovations and construction totaled $7.8 billion in 2000 ($US millions) Existing Facility Capital $5,646 Investment New Golf Course Construction $2,166 Total 4 $7,812 Source: SRI and Golf 20120 Professional Tournaments , Charities & Associations This portion of the golf economy represents $4.5 billion dollars including an estimated $3.2 billion generated for charities in 2000 ($US millions) Charities $3,200 Spectator Golf Tournaments — PGA, $871 PGA TOUR, LPGA & USGA Player Endorsements $255 Associations $167 Total $4,493 Source: SRI and Golf 20/20 Real Estate Golf has a direct affect on golf-related residential construction and nearby housing values with an estimated value of goods and services of $9.9 billion ($US millions) Golf-related Residential $8,400 Construction Real Estate Premium $1 ,504 Total $9,904 Source: SRl and Golf 20120 Tourism Golf-related travel expenditures amounted to an estimated $13.5 billion in 2000, including travel to play golf or to watch tournaments ($US millions) Tournament-related Travel $435 Personal Golf Travel $13,044 Total Al $13,479 • Source: SRI and Golf 20/20 KeyFindings -Comparison of Golf Industry Surveys USA 2000 Europe 2006 Australia 2004 Total Golf Economy $US62.2 billion $US19.9 billion $US2.2 billion Number of Golfers 25,400,000 4,100,000 1 ,282,000 Value per Golfer $US 2,400 $US 4,800 $US 1 ,700 CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Olympic Hills Golf Course Rezoning Development/Planning Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 169. 1 acres , from RM-6.5 to GC-Golf Course on 1.6 acres, and from R1-13.5 to GC-Golf Course on .52 acres Synopsis This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1st and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Rural, RM-6.5, and R1-13.5 .The proposed zoning change is to GC—Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. Attachments Staff report Location Map Existing Zoning Map Proposed Zoning Map STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: November 3, 2006 SUBJECT: Olympic Hills Golf Course Guide Plan Change and Rezoning PETITIONER: City of Eden Prairie REQUEST: • Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.11 acres. • Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres. • Zoning District Change from Rural to Golf Course on 169. 1 acres. • Zoning District Change from RM-6.5 to Golf Course on 1.6 acres. • Zoning District Change from R1-13.5 to Golf Course on .52 acre COMPREHENSIVE GUIDE PLAN CHANGE The existing golf course is guided Public/Quasi Public, and Low Density Residential. The proposed guide plan change is to Golf Course. REZONING The existing golf course is zoned Rural, R1-13.5, and RM- 6.5. The proposed zoning change is to GC — Golf Course. The golf course will be regulated by the performance standards as identified in the proposed ordinance. STAFF RECOMMENDATION Staff recommends approval of the following request: • Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.11 acres. • Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres. • Zoning District Change from Rural to Golf Course on 169. 1 acres. • Zoning District Change from RM-6.5 to Golf Course on 1.6 acres. • Zoning District Change from R1-13.5 to Golf Course on .52 acre Area Location Map - Olympic Hills Golf Course Guide Plan Change & Rezoning 2006-28 Address: Olympic Hills Golf Course ____ A ..40W goT*P" ' 1 . low ill Ilk 4110 I `t. IN 41b .A` / Anderson Lakes Pkwy �11111111u11U Neil Lake ' " It 4 41110r 111111111119,* %tit 41 1 Imo, \ _WE %Op r ®,a �� < poi� ��o ■ Mt. Curve Rd a..'., �� I'i A .4** \ .. _ A, Olympic Hills Golf Course �r O wimp w = . ��;'. (SITE) Franlo Rd a• � wiP' _Iill**. Mill glaVim PIC * • ■■■ ,I� rp10 ■■1 �i♦ III 14i �� iia ♦!*** �i. . � • ♦ �i ■��" mat 16 .. ► WV"!I /111111 lit lib. a II)41kb- 4 14 its VAI 111 III Fa 1 11 . T moan. # Bennett PI It*L. .Ho 4 1.4411pr A 7 . yr 1 1 7 0:;_ ,H:*:49,01,111111 ��iP1t; 4 0 1 *:/s/ �a! �� ♦� '� 111 liriwitylemile al : talk i, rik ma op dialgr•,,,, *62111 ilinffl's vithora 1:-."`(/ 011111,1-111, ■ mi'� Pioneer Trail ,��4\ M EM,: � , IL ■ ■ 7 ■I■I11■It/1111111111 1. �111 g Existing City of Eden Prairie Zoning Map Olympic Hills Golf Course pi A Arippl- 1 -11),-; ,ii,It dllild 1111 411.Vie 4 RD I III ( MIIIIIIlUIII1 .4► - w, w .1pv' ►1�� :� . 1 111 f ft ;Tr" 11 4, 100000 `i� -40 g A o►ii � �w�� OI pic Hills Golf �q� i 4u/w� ��♦♦ Cour /� •��i��4 W 1'el • \94- .s 4 A*. iir _ 1 I l i ►�1�1�1 rt i1►ir► I*miaiA 1"%acw i 0"67,14Prni II/4 kik AM MINI "el4 :: •ii.. �► 40��all:IIIIM"IIIII 401*.r. "XI.i W%t I la "1 'W j 1 ahopow 411ipirto, I 1 li_V : [ --- Ng Art km 4 6110 48%., . I P[ • k_��I .N v�01 4 il Irmi• 4 4a; I.��u�1 4 �- �♦+ ■■ �ot//III■i ■ P'" im. ah al alnimmm 'Wm AN --,,, „ilww, A h,, 411 RieLN/*MI i - II .1 ‘ v lailiu.■ f w •j41. •ll tim ►■►I� Mt IMMINWIP so irt■.4 ■i■Vr■ -- i. ", MS*j/,M/ ■ m1111'a1m11�111ii *P 11 l44,1 ® ® ® Q1 Fi/-I41,4r00011 �"I L Shoreland Management Classifications I NE I Natural Environment Waters Rural One Family -10 acre min. -Highway Commercial I RD I Recreational Development Waters R1-44 One Family-44,000 sf.min. -Regional Service Commercial I GD I General Development Waters(Creeks Only) R1-22 One Family-22,000 sf min. -Regional Commercial ® 100- Year Floodplain IglAr R1-13.5 One Family-13,500 sf min. I Industrial Park-2 Acre Min, Highway#312 West of County Road#4 is proposed and under construction at this IIR1-9.5 One Family-9,500 sf min. =I Industrial Park- 5Acre Min. time. RM-6.5 Multi-Family-6.7 U.P.A.max. r ,General Industrial-5 Acre Min. Up dated through Ordinance#23-2006 -RM-2.5 Multi-Family-17.4 U.P.A.max. Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office Water Date:September 25,2006 N In case of discrepancy relatetl to a zoning classification on This zoning map,the Ordinance Neighborhood Commercial I Right-of-Way antlatlachetllegaltlescptic o file at EdenPmieCityCenterwllpreail. uvE•wOAK•DREAM Community Commercial I Chanhassen City limits Proposed City of Eden Prairie Zoning Map Olympic Hills Golf Course Al I ILA( / fist 0 I \\� al `-�7_� r16: �re. • u� OK gr. .4110P411 n ■....1 III .IIlIIII 9,1 1 it'll.*t% 6,01 k :tw : �� ip. •gs•�� Ol• ym.'c Hills Golf Course =! .LI� isl% ig ...14 W I * &.** PI* Ilk P.11 ter*wo • \ 10 f , • andwomp Imo& Me folOgrabigrid ma II ♦e ■■■► ♦ 6 _ III ��e��i�vv■irme ��1je** ��4/A �ti*i� w 111101 Nli 7 Arithitglii-, „,,, 44ag Li/Aavi, ,unQ iii SiOiI : 44- 7 f k ii a■� NI :7 oy4o 4 4‘ Ai '1" wtja i i 1 •• It tiSi... ■■■■■■ 4 ..N 4 t- , 1 ..O III rta . 04 �1HI alk ♦ •i��• A E mottrurix .1.minim — ,--w -- Tom wall. a mom." R.or rak.k ..... .,.Eig§ 40 ► ►Mal 1. Wig& "OMNI 11111. jb. de e.,,,,§ .MEI L \ 1 o i.iit M / 1� ' , ® ..A 711I MIME. di ► ( 1 ® ® i■ Q ,1 VA:1111111111111111111111:44, Jam• I L \ \ U n n n n l Shoreland Management Classifications Rural One Family -10 acre min. -Highway Commercial I NE I Natural Environment Waters I R1-44 One Family-44,000 sf.min. -Regional Service Commercial I RDI Recreational Development Waters 1 R1-22 One Family-22,000 sf min. -Regional Commercial I OD I General Development Waters(Creeks Only) I R1-13.5 One Family-13,500 sf min. 1 Industrial Park-2 Acre Min, ® 100- Year Floodplain ''r , I It', t R1-9.5 One Family-9,500 sf min. ^Industrial Park- 5 Acre Min. Highway#312 West of County Road#4 is proposed and under construction at this 11 RM-6.5 Multi-Family-6.7 U.P.A.max. Q General Industrial-5 Acre Min. time. RM-2.5 Multi-Family-17.4 U.P.A.max. 1 Public Up dated through Ordinance#23-2006 I Office 1 1 Water Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Date:September 25,2006 N PRAI RI E Neighborhood Commercial Right-of-Way In case of discrepency related to a zoning classRcafion on this zoning map,the Ordinance ICommunity Commercial 1 Chanhassen City limits enda ached legal de dption on file at EdenPaise City Centerwillpevail. LIVE•WORK•DREAM 1 Golf Course CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Bearpath Golf Course Rezoning Development/Planning Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 198.04 acres. Synopsis This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1st and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Rural .The proposed zoning change is to GC—Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. Attachments Staff report Location Map Existing Zoning Map Proposed Zoning Map STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: November 3, 2006 SUBJECT: Bearpath Golf Course Guide Plan Change and Rezoning PETITIONER: City of Eden Prairie LOCATION: REQUEST: 1. Comprehensive Guide Plan Change from Public/Quasi Public to Golf Course on 196.5 acres. 2. Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres. 3. Zoning District Change from Rural to Golf Course on 198.04 acres COMPREHENSIVE GUIDE PLAN CHANGE The existing golf course is guided Public/Quasi Public and Low Density Residential. The proposed guide plan change is to Golf Course. REZONING The existing golf course is zoned Rural .The proposed zoning change is to GC — Golf Course. The golf course will be regulated by the performance standards as identified in the proposed ordinance. STAFF RECOMMENDATION Staff recommends approval of the following request: • Comprehensive Guide Plan Change from Public/Quasi Public to Golf Course on 196.5 acres. • Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres. • Zoning District Change from Rural to Golf Course on 198.04 acres. Area Location Map - Bearpath Golf Course Guide Plan Change & Rezoning 2006-25 Address: Bearpath Golf Course 41911M,11. \ IT ajar INN • -ri VII_Le ' ' HCLRTA 111111/i � /� .1,2 Bearpath TreffilrIh%)4 '�� ,''� , '1 1,411 I At 1 1 041 Vat?a 111;14 Wt V 1 % 11.11146 NIII ?po it 4 _ oplii "wan. 4 Ii4 'I Bear . a olf Course, P (SITE) , _ 1 ir NT - t 4 510 te lc/ 1 Riley Lake Rd —amill 7 itr ,11 mm \� d.io\a„kA ma e 1 A / /,, -e-0 1r0 n ED o**** Lake Riley ) i* 'ii gl *gy ■ 4 I i i imm®L„ -Emu, mpg a� 1 Nam, ,„,,,, ,,,,*„.. Pioneer Tr ��,__ ppI '. —trirsolLw (---41112 I. 4401 gra 1.7 10di\ IFMI t ## ASI E Al k 10(4' Nips,..p. . 1 ..• .- - m- Al=m * - �� _fl��i_TON 7�11w at I D .►a. . Existing City of Eden Prairie Zoning Map Bearpath Golf Course NE !al 0111111.... .7.m. ..------ Gal i +41r." ,olita.', 101prillir* bill .# #g* ......... ..., th,tia,Nt maim 4 . • • tie 1 Ay ow. iii....,_s imp, i 46,41.. • 1 4 In All sollw 40141p006 giro, "0 101 Eikiifillik. 41111is INSIN 1 0 IN MU p ft-7)111111Itimill 1111111... 11"*.0 ., ,4110,...."04 1.4' it- Wm i �� i�. 'ir ath Golf �� _r . Course , Wiwi, .M III VII- ES_:Niiiillillakil 4 tr,;4s.ER ism mg .. 1 _‘\_..._ ._ _ . ow mom Ng mi.is_- , l', II If a Milirlif ,,k;soi All" sie • **00° NM il'io WAN t+ RD ■..josso: .0111 in /, , 0•L-LIAThollum_\ Aliip111f11 'IRO/ ill tea es c l 111111111111 111111111111 1111 i r 0•01 ___FI ''' MD 111111 ■�� _.11-4-4-0.- ..0 Ina ..-...__„„ - -17 .... 1.0 E Pia NO, n' gi7 4 .,,Tegi v) gri aviampit ,, /4 i el , .... ... . iy) t.,, $ „.• 4 , P 1 Rural One Family -10 acre min. -Highway Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. -Regional Service Commercial NE Natural Environment Waters J R1-22 One Family-22,000 sf min. -Regional Commercial I RDI Recreational Development Waters I GDI General Development Waters(Creeks Only) R1-13.5 One Family-13,500 sf min. I Industrial Park-2 Acre Min, ® 100- Year Floodplain 111A4 R1-9.5 One Family-9,500 sf min. r I Industrial Park- 5 Acre Min. RM-6.5 Multi-Family-6.7 U.P.A.max. IIA General Industrial-5 Acre Min. Highway#312 West of County Road#4 is proposed and under construction at this E D E N time. I.RM-2.5 Multi-Family-17.4 U.P.A.max.I I Public Up dated through Ordinance#23-2006 Office I Water Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial I Right-of-Way Date:September 25,2006 N PU Community Commercial I Chanhassen City limits ase of dlscrepen re ated roazoning classes catlon on his zoning mep,the ONlnance and atlached legal descdptlon on gle at Eden Prelde City Centerwlll prevail. LIVE•WORK•D R E A M Proposed City of Eden Prairie Zoning Map Bearpath Golf Course AXIIIIIIIIIMemomm•••••••• •• iii .7 ��-. ' :wig l��r '17:111ftiv*" -40,4.4%41fr* 1m' TM, 'rat 40 eolwin imiv- I loa4 n Alli lam �� -41 4VIII1Jf4JØ_ ........ l . �r1 l.......■.. ; ��: •i if I,i d.1.1., •ins,s . rE .41 �� 1: - v��Haim ::: t s v.g ��sser • ,.,,,= Bearpath Golf 1 �4111I A iw• 1` Course 0` bm 1i, Adeliall, III■ %;A= Ill lull■ -• - „ t .— =Irk : myv. i ►f iit►`Do 0a.w_ .ma _0 IN OW Mr Mr pe Aiit .., _tom 1 �. �� 4pgo 4..- a♦ ,i40 RD �� g _w4 �• pisIDa® OSSI r II ®ilkg2LrjD illii 21) 11114 liii III v • Wa 1 t Ng&111Dk oim ,e _ ____ • go , • A■■l��►Al is H E ilia *in .=�� 4_ 17/i w . ili rag la agar /i 1-7- I _,a ./4, ( T , Shoreland Management Classifications Rural One Family -10 acre min. .J Highway Commercial I NE I Natural Environment Waters I I R1-44 One Family-44,000 sf.min. -Regional Service Commercial I RD I Recreational Development Waters -R1-22 One Family-22,000 sf min. -Regional Commercial I GDI General Development Waters(Creeks Only) I I R1-13.5 One Family-13,500 sf min. I Industrial Park-2 Acre Min, ® 100- Year Floodplain WA -R1-9.5 One Family-9,500 sf min. -Industrial Park- 5 Acre Min. Highway#312 West of County Road#4 is proposed and under construction at this E D E N -RM-6.5 Multi-Family-6.7 U.P.A.max. -General Industrial-5 Acre Min. time. -RM-2.5 Multi-Family-17.4 U.P.A.max. -Public Up dated through Ordinance#23-2006 I I Office Water Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE I I Neighborhood Commercial Right-of-Way Date:September 25,2006 N In case of discrepancy relatetl to a zoning classification on This zoning map,the Ordinance -CommunityCommercial Chanhassen City limits andanacnatllegaltleacnpfieofieatEdenPminecirycemerwllpreail. LIVE•WORK•DREAM I Golf Course CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Community Glen Lake Golf Course Rezoning Development/Planning Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Public to GC-Golf Course on 50.69 acres. Synopsis This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1st and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Public .The proposed zoning change is to GC—Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. Attachments Staff report Location Map Existing Zoning Map Proposed Zoning Map STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: November 3, 2006 SUBJECT: Glen Lake Golf Course Guide Plan Change and Rezoning PETITIONER: City of Eden Prairie REQUEST: 1. Comprehensive Guide Plan Change from Parks/Open Space to Golf Course on 50.69 acres 2. Rezoning from Public to GC- Golf Course on 50.69 acres COMPREHENSIVE GUIDE PLAN CHANGE The existing golf course is guided Parks/Open Space. The proposed guide plan change is to Golf Course. REZONING The existing golf course is Public. The proposed zoning change is to GC—Golf Course. The golf course will be regulated by the performance standards as identified in the proposed ordinance. STAFF RECOMMENDATION Staff recommends approval of the following request: • Comprehensive Guide Plan Change from Parks/Open Space to Golf Course on 50.69 acres. • Rezoning from Public to GC- Golf Course on 50.69 acres Area Location Map - Glen Lake Golf Course Guide Plan Change & Rezoning 2006-27 Address: Glen Lake Golf Course Minnetonka \, j a I 'r Co. Rd. 6244 Glen Lake Golf Course ®® I1 (SITE) 1 / Indian Chief Rd �a I" ii_ t : 1 .At . i V ,.:: Birch Island rpr,. k Lake .... iA.iiK'i..=ioid 1P J ��A Twin Cities &Western R.R. la - - , �� .00,Fxr%40 4#i•n.4 tr.4., v_o .4.w.."airi4-Ae-N-d-.l.o s....--i W,,ia1tA1i i 1TPll Eden PrairieRd ,, '— �__■ /� .....■ ■ ' 111 — r■ ■ /�`��``� _ ��; RI �_ r p— -- HCLRTA ` alliallim VATNA- e•-.... Iwo I A isokfa rp"kgri sr 41P-4 WI tt Edenvale BlvdIT �,Jr 4_ dri.: I �I�� i� AASOAPa t Es nimi...0 4 '''iii/t/z],/ *44- 'A Iii, r *IA NANrrt . ilt o- u m*, MI a bt thhhhh' ' 9 __ 0 11 ,,V, -A 1 b, A. ., � ="Pi reap r I �� t1 ■ . I i v, 0 gri,h _ �: , ALI ... "14 lir r 4 „ _:.„__ / 1 Ai Phajwijigi AS (i Existing City of Eden Prairie Zoning Map Glen Lake Golf Course I ■iiiiii► .4. I si 4 •I 141. al Glen Lake Golf Course At4 4 it :,.,,, 23. !‘ ilia 1121 or 0 111/ S# k ... „ I 11/ L_/ r 4 i4*MOP pp& mow ir Aiwfb Wil \ O.loot RD _ --- "Al. - 4 All= r PI' -4 oW I'mar //A:EP 411, i�j/11 g044ta"�. 0- _ _. A■■■■■■ ■■ �, ill r •Ofr % tail, ,w-% Nw wr gg.ii.v. v RAnwcw._...suw. � , • ; 'AIROx----t4,—/LI : Feu: 4. .. la golvo strAir la" •• i Imm"Am i 4*0 Sip 14/‘',164#4 •••Oda 4 II El awl igen SI It Owl' kat.. *. P4'srljzi ...1 dr:0k; tfIP `ist�O \■tten 111 Pa.� k- ►Kw& .WO*.•4b%1HHflhIhh1..t„Or igt mum i ''% 1P11/1:D`':�ter="M1111r n`..■ri �� rliiii.NA II i 40,4117 IF Wil*t ilr4 °,4,444/4111.1 ma " 111 tsso 0 ily 1 � I �: _ VT Aft,i, • : "/ Aft AAR 1111141, Mt I kb ic .4 vak•-ii 41,41r 4 laIMF m=1. ° 1,... /or,* IL i ir ‘IL rim anal mg Shoreland Management Classifications I NE I Natural Environment Waters Rural One Family -10 acre min. Q Highway Commercial I RDI Recreational Development Waters I I R1-44 One Family-44,000 sf.min. -Regional Service Commercial I GDI General Development Waters(Creeks Only) -R1-22 One Family-22,000 sf min. -Regional Commercial ® 100- Year Floodplain °il t it, ,1 I I R1-13.5 One Family-13,500 sf min. I Industrial Park-2 Acre Min, Highway#312 West of County Road#4 is proposed and under construction at this I. D E N -R1-9.5 One Family-9,500 sf min. Industrial Park- 5 Acre Min. time. -RM-6.5 Multi-Family-6.7 U.P.A.max. P=1 General Industrial-5 Acre Min. Up dated through Ordinance#23-2006 -RM-2.5 Multi-Family-17.4 U.P.A.max. 1 Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office Water Date:September 25,2006 In case of discrepancy related to a zoning classification on This zoning map,the Ordinance II Neighborhood Commercial I Right-of-Way and anacned legal deacdpfic o fie at Eden Pmide city cemerw 11 pre ail. LIVE•WORK•DREAM -Community Commercial I Chanhassen City limits Proposed City of Eden Prairie Zoning Map Glen Lake Golf Course Glen Lake Golf Course .a '� � J I II III ', tiii* III 6 ! 6. &IMES' — *el Immail mum, 7UU/#4(4RD 64 ta 4 1 Os —.gig 1 IIII IF VI 04 i fl I kti it iri 0 11j4, , JO lifilUtp 4 lkdo ----- AA I re°Al I MI II ____,-jib■� 00 r► ups 4 Wt I 4111 go IV j— ifilillairj0 • "VII*X"-'&,WII ow vs A /1011# 1--iii N 41 0111LSIII allr Ilik *•0 T r — AN op. In %at ,\00,,,,, 0 *ft rip Ea :mi 4umen ��■hp /1► ► �� gyarsp`..•► 'Amok ::•�, • ; �. �• or 'I• \,• 1. , ..i.� �.4 n \jlbi •sue 1 ,T". �(4)r Air g-iArlin Rural One Family -10 acre min. -Highway Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. -Regional Service Commercial I NE I Natural Environment Waters I R1-22 One Family-22,000 sf min. -Regional Commercial RD Recreational Development Waters I GDI General Development Waters(Creeks Only) R1-13.5 One Family-13,500 sf min. I I Industrial Park-2 Acre Min, ® 100- Year Floodplain R1-9.5 One Family-9,500 sf min. -Industrial Park- 5 Acre Min. 1411,4 RM-6.5 Multi-Family-6.7 U.P.A.max. -General Industrial-5 Acre Min. Highway#312 West of County Road#4 is proposed and under construction at this E D E N time. -RM-2.5 Multi-Family-17.4 U.P.A.max. -Public Up dated through Ordinance#23-2006 Office I I Water Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial I I Right-of-Way Date:September 25,2006 -Community Commercial I I Chanhassen City limits ase of discrepenq rela etl toazoning cla sification on this zoning map,the Ordinance ana anacnea iegai aeacnpfi««me a�eaen Pmine cry cemewiii peVaii. LIVE•WORK•DREAM I Golf Course CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Community Development/Planning Whispering Ridge Janet Jeremiah Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from R1-22 to R1-13.5 on 3.78 acres; and • Adopt the Resolution for Preliminary Plat on 3.78 acres into nine lots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is a nine lot single family development. Background Information The density of the project is 2.38 units per acre and meets all requirements of the R1-13.5 zoning district. Exhibit A shows zoning and densities in the general area of the site. Exhibit B shows neighborhood lots with subdivision potential. The proposed plan shows Hilltop Road realigned and terminating as a cul-de-sac within the site. The excess road surface west of the realigned street will be removed and restored in turf. Two properties on the south side of Hilltop Road will require driveway realignments. The developer and staff met with the two property owners whose driveways would be affected by the plan and how the driveways would be realigned. Flying Cloud Airport is located approximately one-half mile to the east of the property. Because of the existing and projected number of aircraft over-flights to occur in this area from the Flying Cloud Airport, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over- flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. The 120-Day Review Period Expires on April 19, 2007. City Council Public Hearing Whispering Ridge February 6, 2007 Page 2 Planning Commission Recommendation The Planning Commission voted 4-1, with one abstention to recommend approval of the project at the January 8, 2007 meeting. Attachments Resolution for Preliminary Plat Exhibit A - Surrounding Densities and Zoning Exhibit B—Neighborhood Subdivision Potential Staff Report dated January 5, 2007 Location Map Land Use & Zoning Maps Planning Commission Minutes Emails from Property Owners WHISPERING RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION APPROVING THE PRELIMINARY PLAT OF WHISPERING RIDGE FOR PREMIER DEVELOPMENT BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Whispering Ridge for Premier Development stamp dated January 2, 2007, and consisting of 3.78 acres into nine lots and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 6th day of February, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk Existing & Proposed Zoning and Density for Surrounding Area 1-1,--\' l RC1t�F k _ •__._....g 711: I ' 7 loNLNIIIii /1--/--Aioltia Ike ItiiVi-i- ik - IL .?,‘. 6- • iigi -- --- Li _in ..„,,, , p ----...1°Af 4 --_-1---00". --,..?--....,--c-c-] t- _. -- 0' J l 1.... !..\I( � _ 1 _..1_ Pro d osed Ai� ._.--....1 ..--1 P inn'11111111111.4 unim 11104 - ft1-1;.5 (411 -r~ _ 111. • Zonl g • -,( - F -L 2.38 / \ :".4 i UPA A `�`r tf /� I-LITC{'R� , 1111 k ~ 1.4 UP '` SITE � 74', IL- r'- f -4-.. \ -1- Li1 . . .... is - - . ‘ -_„ALL ,,,,i _ . 71 it J •RIdii _...:10.44 .. , ,.., . I/r. _)._ _ ,,., f rgi ...411r {f/ i Exhibit A _Li I I I 111 i,0009 . 40$1 \\ Nri fi q o uiLLror Roan \� u UI lrj [, i � ❑ � LJL It i LI , \ I VALLEY ROAp I\ \ \ 1 _ / LOTS THAT HAVE SUBDIVISION POTENTIAL Exhibit B STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: January 5, 2007 SUBJECT: Whispering Ridge APPLICANT: Premier Development of the Twin Cities OWNER: Charles and Nancy Roycroft, and Stephen and April Alm LOCATION: 16500, 16480 and 16440 Hilltop Road 120 DAY REVIEW: Expires April 19, 2007 REQUEST: 1. Zoning District Change from R1-22 to R1-13.5 on 3.78 acres 2. Preliminary Plat of 3.78 acres into 9 lots and road right-of-way Staff Report—Whispering Ridge January 5, 2007 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site and adjacent property as Low Density Residential for up to 2.5 units per acre. Surrounding zoning is R1-22 and R1-13.5 to the north and east, R1-22 to the south, and R1-9.5 to west. The proposed site and lots along Hilltop Road and Valley Road were platted as part of Eden Heights in 1948 and zoned RI-22 in 1969. Additional lot splits have taken place since that time consistent with the RI-22 zoning district. Lots within this area use private septic systems and wells. City Code requires that rezoning of property for single family development be connected to city sewer and water. In 2005, Eden Heights Estates northeast of the site was rezoned RI-13.5 for 39 new single family homes and served with utilities from Pioneer Trail. Hilltop Road was reconstructed in 2006 to meet street standards, including storm sewer, sanitary sewer and water to serve the area and any future development. PRELIMINARY PLAT The proposal is to rezone the property from R1-22 to R1-13.5 and subdivide the site into nine single-family lots. The density of the project is 2.38 units per acre. The attached graphic depicts zoning and densities in the general area of the site. Lot sizes range between 13,590 square feet to 22,541 square feet meeting code for the RI-13.5 zoning district, with an average lot size of 14,553 square feet. The lots meet the dimensional and frontage requirements of the R1-13.5 zoning district. All proposed houses meet the setback requirements of the R1-13.5 zoning district. GRADING AND TREE LOSS There are 513 diameter inches of significant trees on the property. A total of 231 diameter inches of significant trees will be lost due to the development. Tree replacement is 138 caliper inches. The tree replacement plan shows 138 caliper inches. UTILITIES AND DRAINAGE Sewer and water will serve the property from Hilltop Road. Rain water gardens are proposed along the south portion of the development. HILLTOP ROAD Hilltop Road currently terminates in a temporary hammerhead turn-a-round. The proposed plan shows Hilltop Road realigned and terminating as a cul-de-sac within the site. The excess road Staff Report—Whispering Ridge January 5, 2007 Page 3 surface west of the realigned street will be removed and restored in turf. Two properties on the south side of Hilltop Road will require driveway realignments. The initial plans submitted by the developer showed two cul-de-sacs; one at the end of Hilltop Road and the other serving the proposed development. Staff recommended that one cul-de-sac serve the development and be the terminus of Hilltop Road. This would eliminate an unnecessary cul-de-sac and reduce impervious road surface. On December 22, 2006, the developer and staff met with the two property owners whose driveways would be affected by the plan and how the driveways would be realigned. This is depicted in the proposed plans. FLYING CLOUD AIRPORT Flying Cloud Airport is located approximately one-half mile to the east of the property. Safety Zones Safety zones are established to protect the approach corridor from obstructions and other hazards to aircraft. All homes are located outside these zones. Noise Zones The Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise are used in determining land use compatibility with the airport. Noise zones are based on noise contours determined from forecasted aircraft operations at the airport and are shown as DNL 60 and DNL 65 contours. Neither of these contours overlay the property based on the existing or expanded airport(Alternative E with noise mitigation). Because of the existing and projected number of aircraft over-flights to occur in this area, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. STAFF RECOMMENDATION Recommend approval of the following request: • Zoning District Change from R1-22 to R1-13.5 on 3.78 acres. • Preliminary Plat of 3.78 acres into 9 lots and road right-of-way. This is based on plans stamp dated January 2, 2007, the staff report dated January 5, 2007 and the following conditions: 1. Prior to release of the final plat, the proponent shall: Staff Report—Whispering Ridge January 5, 2007 Page 4 A. Submit detailed storm water runoff, street, 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 138 caliper inches. B. Provide building documentation to the Building Official verifying that all houses will be constructed to meet an interior noise reduction to 45dBA according to the Metropolitan Council's Builders Guide. C. Pay the Cash Park Fee. Area Location Map - Whispering Ridge Address: 16440, 16480 & 16500 Hilltop Road •••• • • • .,,,,.\ . ..\•.• ....... ..,,.- — ..... . ..... ......i.. •:. '. ••••., •.1•••••7•`7, V•j...\\ ,...• } ' ( . 7 .. . .. : .- .. .-' 7 \ .7 '..:.......;.[I .: ::. . ...1....11... l'. . ... ; ,'_._.-.•!- Pioneer`l"r. cl• . • \:-.i."-\' 3.-- --- --- r--177:11-7-) C...-. \ :. . •\ : • • r7777: ::. ..E', i .1.-:. 1:::.::..1.:.....:::.1......:., ;...• '...-:........•.\ ----c--C--\ : ‘.. . . . .: - - .........:= , \'.... //. I. .. .. . ..... i . . . ... : : .. . ....- ...' f 1 ` � \ Gateway La 7---\ ' ''T's'-' - ..7.:7\ \....i.. L .:::::.:::......:...:::::: ---7\ 1 . .-TK.. -77 I : •-::', ••:...................... :'. .......:.... ..1............:::......;/...:•:•......./:::::•...1..• .........:-.•:•:. .-... ..::::: •:•".•:' .......:::. .......:// -.:.• .\ • siTE - 7 ' I.` \ •., -,, , Shetland R � �I \•• 1 • I Hilltop RdJ 1 i f ��rv� Valley Rd. t f ` No Scale Zoning Map Whispering Ridge 16440, 16480 & 16500 Hilltop Road, Eden Prairie, Minnesota Lill _ 111L 1111■ ■ i■ , tter P Trail i _____,-___J ill IE t �0� 11 , - R LILIP 1.,=-_-, I__ ig 'L--- E-7 Eden Prairie Road ..44,.. ........ Shetland Road laillik Hilltop Road IP illilit . ft ' a alill lift IIIIII Valley Road L i Rural One Family-10 acre min. IIIIIIIII■Highway Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. -Regional Service Commercial fA�F Natural Environment Waters R1-22 One Family-22,000 sf min. -Regional Commercial Recreational Development Waters 'Go] General Development Waters(Creeks Only) ''t . r ),;. iZ R1-13.5 One Family-13,500 sf min. I I industrial Park-2 Acre Min, P.7 1 00 Year Floodplain R1-9.5 One Family-9,500 sf min. ` Industrial Park- 5 Acre Min. Highway 0#312 West of County Road#4 is proposed,not constructed at this time- RM-6.5 Multi-Family-6.7 U.P.A.max. IIIIIIIIIIIIIIIII,General Industrial-5 Acre Min. Up dated through Ordinance#09-2005-RM-2.5 Multi-Family-17.4 U.P.A.max. I I Public Ordinance 433-2001 WI Addition)approved.hul not shown on this map edition PRAIRIE Office L 7 Water Date:June 24.2005 Neighborhood Commercial 1 i Right-of-Way ,na:5,,,•ar.g.iau..raa,M,:ta1exna,.....c.VC,,,..a1,-,._:. LIVE•eVdBK•ONEpM TT]Community Commercial I I Chanhassen City limits N A Guide Plan Map Whispering Ridge 16440, 16480 & 16500 Hilltop Road, Eden Prairie, Minnesota uuuiiI1iI1 Mr' ME eii.Nmnri l.E--a. rVAA ..1.. tl.11.0..°i..1s1.1l..l-a1-1-.%,1 1 Ilf„l■ Km ■>� Pioneer Trail ■ ■.M1.1. ._110i ■ ■ ' ■ iAI1 � ■ � ■ = I .■ 1•1 ili morl,. . Eden Prairie Road - ' / *Ain III . • FATvW ,1 II I . V. 1 ill fljiitOj Ilk Shetland RoadMill is NI Valley Road .1, 11\\., . ■ = ill . t, ■ I Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Principal Arterial v//1 Low Density/PubliclOpen Space i Community Commercial -A MinorArterial IN j Medium Density residential 2.5-10 Units/Acre ■ Regional Commercial - B Minor Arterial EDEN n Medium Density Residential/Office BEPark/Open Space - Major Collector I V ma High Density Residential 10-40 UnitslAcre I 1 Public/Quasi-Public - Minor Collector PRAIRIE Office ■ Church!Cemetary V,./A Office/Industrial Open Water DATE Appraved03-19-03 V Office/Public/Open Space Right-Of-Way DATE Rersed 01 07 05 :/ ■ Industrial - Metropolitan Urban Service Line(MUSA) Creeks Planning Commission Minutes January, 8, 2007 Page 1 B. WHISPERING RIDGE by Premier Development. Request for: Zoning District Change from R1-22 to R1-13.5 on 3.78 acres; Preliminary Plat of 3.78 acres into nine lots and road right-of-way. Nathen Jones,project manager, stated there are three homes on the lots currently make up this parcel of land. He stated one of the homes was built in 2006; which would remain,but the other two homes would be demolished. The new plan is for 9 single family lots, or 6 more lots than currently occupying the site. The plats meet all of the setback requirements and do not require any variances. Mr. Jones stated they have made changes to Hilltop Road by removing the hammerhead turn-around and extending a cul-de-sac into the property. He pointed out this would also increase green space to the area. Mr. Jones said they would like to start the project in the early summer and housing prices will start in the $600,000 range. Stoelting asked Kipp to review the staff report. Kipp stated Staff recommends approval of this project. Stoelting opened the meeting up for public input. Sharon Stremke, of 9172 Gateway Lane, said she is concerned about the loss of trees this project would take down and would like to have the City make sure they replace these trees; specifically on the east border. Nicole Armstrong, of 9221 Shetland Road, said she is the most impacted by the hammerhead turn-around. She stated she, as well as her neighbors, are all happy with the new cul-de-sac. She did say she is concerned with the loss of trees with this new development, and also there is no park in the immediate area. April and Steve Alm, of 16440 Hilltop Road, stated they are both in support of this project. Paula Paal, of 16555 Hilltop Road, stated she is concerned about the extension of the driveway. She stated she is concerned about plowing this driveway and requested details about leasing part of the driveway to the City. She also stated she is concerned about the mileage of the school bus; since they have to pay the bus based on distance from the school. Ms. Paal also asked who will be maintaining the driveway. Chuck Roycraft, of 16500 Hilltop Road, stated he has lived in this area for 25 years and he is one of the owners of the proposed parcel of land and he wanted to say he is in favor of this project. Dawn Stover, of 16291 Hilltop Road, stated she is opposed to the zoning change. She said in regards to the assessment of the new road, the new homeowners should contribute to this cost. Ms. Stover also feels this project is too dense for the area. Tom Clarke, of 16301 Hilltop Road, said he shares her same concerns. He also said he would like the developer to put in sidewalks, at their expense, for the new road. Stoelting asked Fox to address the replacement of significant trees on the east and west of the property, and also the issue of a park, or lack of, on the south side of Pioneer Trail. Stoelting asked Gray to address the issue of the driveway extension, and the questions surrounding it; such as,will it be leased to the City, who will maintain it, and where will the school bus stop. Stoelting stated when residents voted for improvements in the area, it appeared they were unsure they were also voting for zoning changes; he asked Kipp to address this issue, along with the sidewalk issue. Fox stated in looking at this area, it appears there are a lot of trees,but actually only 24 significant trees would be coming down,which would be 45% loss. He stated in regards to neighborhood parks, the City has proposed a park on Eden Prairie Road at the Riley Creek crossing. He said the use of this parcel of land is unavailable to the City until a legal law suit between MAC and Northwest Airlines is resolved. He pointed out the City cannot do anything until MAC gives us permission. Fox said in regards to the sidewalks, this is an existing, older neighborhood that is not slated for sidewalks, unless it is all agreed on by the residents of the area and then they would contribute to the cost. Fox said in regards to trees to the east of the property line, most of these would be replaced. In regards to the trees in the northeast portion of this project, the trees would not be touched. Gray addressed the issue of the private driveway on the public roadway. He stated the owner of the driveway is responsible for maintaining it, and it will be allowed in the right of way and would not require a lease. Gray pointed out the advantages to a longer driveway would be more privacy and a larger front yard. He stated there were two plans the City proposed for this area. The first one would be Hilltop Road could be extended, which would create an additional cul-de-sac. And the second plan would be the proposed plan, which would have the long driveway in the area. Gray said there have been assessments in the area to cover cost of water and sewer and current residents should remember the lots being subdivided are paying two assessments. Gray said in regards to the traffic volume in this area, it would not be significantly different than what it currently is. Kipp addressed the issue of zoning. He stated this area was zoned R1-22 in1969, and when sewer and water were developed so were the R1-13.5 and R1-9.5 districts Kipp said the City has supported the development of the districts to the west and northeast of the proposed site.. He stated the project is consistent with the guide plan and zoning district and the city recommends approval of this project. Pitzrick stated he has a concern with the splitting of the property toan R1- 13.5 development, and questioned if this would change the look of the neighborhood. Kipp stated this piece of property is wide enough to allow building on both sides of the extended dul-de-sac and it would not change the look of the neighborhood. Koenig asked Fox to explain the tree mass to the audience. Fox stated it would look like more vegetation is being taken down because of the tree mass on the site that isn't considered significant by definition,but they are mitigating the significant tree loss on the site under City Ordinance. Koenig asked if the 38" silver maple would have to come down. Fox stated it would have to come down. Koenig asked if the lot could be eliminated. Kipp stated by eliminating the lot would not change the grading for the property. Pitzrick asked Kipp to discuss the legal ramifications if the project would not be approved. Kipp said since they are in compliance with the comprehensive plan and requirements for the R1-13.5 Zoning District, there would need to be legally defendable reasons to deny this project. Stoelting stated since this project meets the guide plan it would be a very difficult to deny this. Kipp confirmed this. MOTION by Koenig, seconded by Seymour, to close the public hearing. Motion carried 6-0. MOTION by Koenig, seconded by Kirk, to recommend approval of the Zoning District Change from R1-22 to R1-13.5 on 3.78 acres and Preliminary Plat of 3.78 acres into nine lots and road right-of-way based on plans stamped dated January 2, 2007, and the staff report dated January 5, 2007. Motion carried 4-1,with one abstention. Page l of l Scott Kipp From: Nancy Burgett[nburgett@comcast.net] Sent: Thursday, December 14, 2006 10:36 AM To: Scott Kipp Subject: Opposing Zoning Hi Scott Kipp, I am a resident of Hilltop Road. I understand the application for the Premier Development"Whispering Ridge" has been submitted and is being reviewed by the city. I am opposed to changing the zoning from R1-22 to R1-13.5, Nancy Burgett nburgett@comcast.net 952-934-7883 • • 12/14/2006 Scott Kipp From: Dawn Stover[dlstov@comcast.net] Sent: Thursday, December 14, 2006 4:17 PM To: Scott Kipp Subject: Oppose zoning change on Hilltop Rd. Hi Scott, Just want to let you know that Lance and T are opposed to the zoning change to Hilltop Rd. as requested by Premier Development. Dawn Stover 1 Page 1 of 1 Scott Kipp From: Scott Kipp Sent: Monday, December 18, 2006 8:17 AM To: 'ssecor@aol.com' Subject: RE: Hilltop zoning Mr. Secor, Thank you for your comments. I will include your email in the public record for the Whispering Ridge project. From: ssecor@aol.com [mailto:ssecor@aol.com] Sent: Sunday, December 17, 2006 4:07 PM To: Scott Kipp Subject: Hilltop zoning Hi. This is Scott Secor. I live at 16401 Hilltop Rd. I just wanted to send a note letting you know I am against the rezoning of the lots on the west end of Hilltop. At the meeting with the developer, they said that this rezoning has been in Eden Prairie's plan for some time. I think if the residents of Hilltop were told that the street improvements on Hilltop would allow a mini-developement on the street, the vote on improving the street would have been different. A lot of residents of the street would have wanted to keep status quo like they did on Valley Road. Thank you Scott Secor Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more. • 12/18/2006 Page 1 of 1 f Scott Kipp From: Tim Burgett[timburgett@comcast.net] Sent: Friday, December 29, 2006 2:15 PM To: Scott Kipp Subject: Premier Development-Zoning Change on Hilltop Road Scott, It is important that I let you know that I am opposed to changing the zoning from R1-22 to R1-13.5 for the proposed development on Hilltop Road. Let me know what I can do to prevent this from happening. Thank You Tim Burgett 16400 Hilltop Road Tim Burgett Star Three LLC timbu rgett(a7comcast.net 612-889-4577 STAR THREE LLC • 1/2/2007 Page 1of1 Scott Kipp From: SueZC1@aol.com Sent: Wednesday, December 20, 2006 9:44 AM To: Scott Kipp Subject: Zoning change, Hilltop Road Dear Mr. Kipp, I wanted to let you know that as residents of Hilltop Road, my husband and I are opposed to the proposed zoning change at the end of our street, from R1-22 to R1-13.5. We feel that the increased density is out of character with • the rest of our neighborhood, and would have a negative impact on our community. We would not oppose further development of the properties in question, if they maintained our current zoning guidelines. Sincerely, Susan Z. Clarke Thomas S. Clarke 16301 Hilltop Road • SueZCl@aol.com 952-937-8128 • • • 12/20/2006 • Scott Kipp From: sjancar@comcast.net Sent: Thursday, December 21, 2006 3:19 PM To: Scott Kipp Subject: Opposing Zoning > Hi Scott Kipp, > > I am a resident of Hilltop Road. I understand the application for the > Premier Development aecehispering Ridgea€ has been submitted and is > being reviewed by the city. > I am opposed to changing the zoning from R1-22 to Ri-13.5. > > Stanislav Jancar > sjancar@comcast.net > 952-345-2810 1 Scott Kipp From: Kelly Boppert[kboppert@yahoo.com] Sent: Monday, December 18, 2006 11:57 AM To: Scott Kipp Subject: Hilltop Rd Hi Scott Kipp, I am a resident of Hilltop Road. I understand the application for the Premier Development Whispering Ridge has been submitted and is being reviewed by the city. I am opposed to changing the zoning from R1-22 to R1-13 .5. I believe that the vote to widen hilltop and add sewer and water may have been different if we would have known of your plans to re zone those lots. We lost 3 trees in the process that would have protected are view of the proposed house they want to build. Kelly Boppert kboppert@yahoo.com 952-921-0155 Do" You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo,com 1 CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Community Birch Island Park Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 28.3 acres Synopsis The site plan shows the park entry in a new location, a new paved driveway, and parking lot for 15 parking spaces. An eight foot wide bituminous path is proposed to link the park with the existing trail along the south side of County Road 62. Background Information Currently the park is minimally developed and has a gravel surface parking lot for 10 vehicles. Nature trails and an informal picnic area are the only park amenity improvements. City staff invited residents that live in the vicinity of Birch Island Park to a Park Planning Meeting at City Hall on June 12, 2006.Notice was mailed out to 310 residents and approximately 40 people attended the meeting. Input from these residents was used to determine what improvements should be made to this park. The amenities that were desired by the neighbors included a paved parking lot, a better driveway location/access point, a children's play area with picnic shelter and a trail(s) connection. Based on the feedback the Staff received from the neighbors a park concept plan was developed and presented to the Parks, Recreation and Natural Resources Commission at their August 7, 2006 meeting. Several residents attended the meeting and the concept plan was approved on a 7- 0 vote by the Commission. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007 meeting. Attachments 1. Resolution 2. Staff Report 3. Location Map 4. Land Use &Zoning Maps 5. Planning Commission Minutes BIRCH ISLAND PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BIRCH ISLAND PARK BY CITY OF EDEN PRAIRIE WHEREAS, The City of Eden Prairie, has applied for Site Plan approval of Birch Island Park to construct a new trail, park entry, driveway and parking lot; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 8, 2007 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its February 6, 2007 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Birch Island Park. ADOPTED by the City Council of the City of Eden Prairie this 6th day of February, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Stuart Fox, Park and Natural Resources Manager DATE: January 5, 2007 SUBJECT: Birch Island Park APPLICANT: City of Eden Prairie LOCATION: 6225 Eden Prairie Road REQUEST: • Site Plan Review on 28.3 acres. Staff Report—Birch Island Park January 5, 2007 BACKGROUND This site is guided Park/Open Space and zoned Public. Currently the park is minimally developed and has a gravel surface parking lot for 10 vehicles. Nature trails and an informal picnic area are the only park amenity improvements. PUBLIC REVIEW City staff invited residents that live in the vicinity of Birch Island Park to a Park Planning Meeting at City Hall on June 12, 2006. Notice was mailed out to 310 residents and approximately 40 people attended the meeting. Input from these residents was used to determine what improvements should be made to this park. The amenities that were desired by the neighbors included a paved parking lot, a better driveway location/access point, a children's play area with picnic shelter and a trail(s) connection. Based on the feedback the Staff received from the neighbors a park concept plan was developed and presented to the Parks, Recreation and Natural Resources Commission at their August 7, 2006 meeting. Several residents attended the meeting and the concept plan was approved on a 7- 0 vote by the Commission. SITE PLAN The site plan shows the park entry in a new location approximately 180 feet south of the current location. The site plan also shows a new driveway and 15 parking spaces. The new driveway and parking lot will have curb and gutter with bituminous paved surface. An eight foot wide bituminous path is proposed to link the park with the existing trail along the south side of County Road 62 DRAINAGE Rainwater gardens are proposed. STAFF RECOMMENDATION Recommend approval of the following request: • Site Plan Review on 28.3 acres. This is based on plans stamp dated December 22, 2006, the Staff Report dated January 5, 2007 and the following conditions: 2 Staff Report—Birch Island Park January 5, 2007 1. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. 3 Area Location Map - Birch Island Park Address: 6225 Eden Prairie Road cc Rd62 _. i' f• 3 •• . . . a ' i . ..: : •. is .1. • 71. .. ,! i . , . . • r i � I • r f E_:::_.:` ;`-- .:..:. ':.: ::SIT) ':::':::': I 3.: F. 1 : • Eden Prairie Rd -�. , . .. . • . L.. _ it. • t. �. Y • .. : • .•.. . €--� %`�k ..', Li-- 'lry'.,.'' j..\ mac ..^ E :\. :., ..;;;...��.' `�_:' :::\''�; Birch Island Lake `•.\.:. i .: ' • T {lam i. i ' / t l 11 • ` . . .- .. ...• ... �'��,.��••�'�". '..\fir ,'� • . /: • :.sue 1... r: i .).•. ‹` rr ... :E 1. 7 I:...:• t . ��: .�., �: �Ff.f� ._:._� .:.,:tt\..--...:tt: i::......:.Iti,...t......:.......:••:\ .........i.• •.:...:\•:.••.. ::, .....,'...-...--..„.. •••1_,..{..._,...>,... . ... t,t \\ \.....t.„ ....:,.., • ...../. \••.•... t:.../....•••• ./ .. •••• . `•'•,..t......":„(4...:•.\\: ....-- .... .--\\_____ N •:t t• ••••:••• :•\v't;''' '•:':-.. t.•tt:•••:•:\••....//'' ::::.\•••••:\:"....••itt•:\?-,-.17,.,.t:.f • .: .7 '7 f. :..• .: Lam. \.r.:..:•:•.•' , '~ _ —t—'..: _:�f r:�7� /. ... .. — ":' - '1,:^,\. ` �Y �" • i. Cl k. (}( r-....:_,.) ��:�� s .S� .. ..........��'. .. . :..f Via: - .1.; • • . b�Sca •- \ i i r.�, is —E\ ; ' i ".r , Guide Plan Map Birch Island Park 6225 Eden Prairie Road, Eden Prairie, Minnesota _ _____= r__� Co. Road 62 / .. . . 4441101P. , 1 j 0111111/4 . _•. SITE -->• Eden Prairie Road *I , . - ... * . • _____ ,. .. / ,.....„ . 1/16 •. ::. . . . ..:: 1 . i \ ,, ,#.\40 r Birch Island Lake 111141ertz Lane -1. 1111111r - 16 11110 ° . 4.----- { 0.11111"— - ,. . ,. \,,,,, -. . ,,,.1fr#,..0,_ _ . ., ......„. 4 "4. , . iter',„,,0"704-1." . ____, f .....,,,, ... ,sifr* ,rb. .4 . .... .... .-,, / t. . .:,- ,4# ,,.. .... itoilL.101- _.,._ ,.... ,.... „id,. . ..., I Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Principal Arterial V//A Low Density/Public/Open Space I Community Commercial -A Minor Arterial fa r Medium Density residential 2.5-10 Units/Acre - Regional Commercial - B Minor Arterial �� I r Medium Density Residential/Office Mil Park/Open Space - Major Collector L EN im High Density Residential 10-40 Units/Acre Public/Quasi-Public Minor Collector I PRAIRIE 1 Office -Church!Cemelary 2//I Office/Industrial Open Water DATE Approved 03-19-63 r/z, Office/Public/Open Space Right-Of-Way DATE Revised 01-07-05 IM Industrial Metropolitan Urban Service Line(MUSA) Creeks Zoning Map Birch Island Park 6225 Eden Prairie Road, Eden Prairie, Minnesota 1— I ! I ye - J ( I Co. Road 62 I I I I 4 \ 1 1 14614" i SITE i Eden Prairie Road l 1 [ I -JAL 447;45# Kurtz Lane Birch Island Lake 411111** '11101111di 1 # leo iSy- a -- 1*? . iilt.N A16.-46h, 440 , Ma =MT oppi ^wir as. 1116A4 ill., kir hilliiiiiii°111W"11111111111111111*".11114. Li —ammo iii10 wig D al rill*Aft Rural One Family-10 acre min. IM Highway Commercial Shoreland Management Classifications R1-44 One Family-44,000 sF-min. -Regional Service Commercial LNeJ Natural Environment Waters R1-22 One Family-22,000 sf min. MilRegional Commercial 1._nd Recreations!Development Waters I GDl General Development Waters(Creeks Only) 'i t ,/, t R1-13.5 One Family-13,500 sf min. I I Industrial Park-2 Acre Min, 127A t Ot]- Year Floodplain R1-9.5 One Family-9,500 sf min. Industrial Park- 5 Acre Min. -- Highway#312 West of County Road#4 is proposed,net constructed at this time. RM-6.5 Multi-Family-6.7 U.P.A.max. -General Industrial-5 Acre Min. Up dated through Ordinance#09-2005 In RM-2.5 Multi-Family-17.4 U.P.A.max. 1 1 Public Ordinance#33-2061(BFt Addition)approved,but not shown on this map edition PRAIRIE Office I I Water Date:June 24.2005 6 cafe tlAeueyerq,es!ed is azcr ip e4 utr.Gc,on n.xnvy man.,•v.:narce r Neighborhood Commercial i IRight-of-Way odesodkgede nnon!.gFOenP.1reavcwH•.aP.e.. LIVE•WORK•DREAM t`..:`'':Community Commercial I Chanhassen City limits N A Planning Commission Minutes January, 8, 2007 Page 1 C. BIRCH ISLAND PARK by City of Eden Prairie. Request for: Site Plan Review on 28.3 acres. Stu Fox, Parks and Natural Resources Manager for the City of Eden Prairie, presented the proposal. He stated the City is proposing minor changes for this existing park site. The first change would be to reconfigure the entrance road. He said they would like to change the entrance that is currently at the north end of the park by moving it southerly to a location with better sight distance . He stated they will also be adding a trail and rain water garden, and pointed out there would be no tree loss. Fox also stated he had a couple of meetings with the neighbors and their concerns or changes for this park would be they wanted a paved driveway and better access into the park. Stoelting asked Herron to review the staff report. Herron stated the Staff recommends approval of this project. Stoelting opened the meeting up for public input. Jeff Strate, a resident of Eden Prairie, stated this is a good project, but has a question about the storm water detention pond and would this be located in the parking lot. Fox stated the pond was a water quality improvement probect by the Watershed District is not connected with this project. Bill Kunz, a neighbor of Birch Island Park, is concerned that access into the park is very critical because it is very close to the County Road 62 ramp. Fox stated there are two ways to gain access to this park; the first being off of County Road 62, and also the future Country Road 4 bike trail entrance. Powell stated he is pleased with the outcome of the project. Koenig was also pleased with the rain gardens on this project. MOTION by Kirk, seconded by Koenig, to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Koenig, to recommend approval of the Site Plan Review on 28.3 acres based on plans stamped dated December 22, 2006, and the staff report dated January 5, 2007. Motion carried 6-0. CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Community Community Center/Round Lake Park Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 103 acres Synopsis Community Center Addition—This project consists of the internal redesign, reconstruction and a new building addition onto the east side of the current facility. A third ice rink is being shown on the plan as a bid alternate. Round Lake Baseball Field/Community Center Parking—The project includes site grading, storm water utility work and storm water ponds, bituminous parking lot with curb, sidewalks and trails, a new fenced baseball field with drain tile and irrigation, ball field amenities including dugouts and bleachers, and landscaping. Background Information This joint building, parking lot and ball field redesign project has received design input and feedback from the Parks and Natural Resources Commission, Community Center members and users, City Staff, School District Staff and several youth athletic association representatives. The preliminary design information and cost estimates were approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the baseball field,parking lot and Community Center addition. The concept plan for approved by the Parks, Recreation and Natural Resources Commission at their June 5, 2006 meeting on a 9-0 vote. The preliminary construction plans for the re-designed baseball field, parking lot and Community Center Building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007 meeting. A Variance to permit a 0 foot rear yard setback for the Community Center addition was approved. Attachments Resolution Staff Report Location Map Land Use &Zoning Maps Planning Commission Minutes COMMUNITY CENTER& ROUND LAKE PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR COMMUNITY CENTER& ROUND LAKE PARK BY CITY OF EDEN PRAIRIE WHEREAS, The City of Eden Prairie, has applied for Site Plan approval of Community Center and Round Lake Park to construct a building addition, baseball field, parking lot, sidewalk and trail; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 8, 2007 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its February 6, 2007 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to the Community Center and Round Lake Park. ADOPTED by the City Council of the City of Eden Prairie this 6th day of February, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Stuart Fox, Park and Natural Resources Manager DATE: January 5, 2007 SUBJECT: Community Center Addition—Round Lake Baseball Field APPLICANT: City of Eden Prairie LOCATION: 16700 Valley View Road REQUEST: • Site Plan Review on 103 acres. • Variance to permit a 0 foot rear yard setback for a building addition. City Code requires a minimum 50 foot rear yard setback in the Public zoning district. • Variance for exterior materials from 75% face brick, glass or stone to 66%. Staff Report—Community Center Addition—Round Lake Baseball Field January 5, 2007 BACKGROUND This site is guided Park/Open Space and zoned Public. The existing Community Center contains approximately 92,240 square feet. The proposed expansion is 47,115 square feet plus an additional 28,320 square feet for third rink addition. Currently the Community Center parking lot contains 350 parking spaces. The new lot will have 403 parking spaces. PUBLIC REVIEW This joint building,parking lot and ball field redesign project has received design input and feedback from the Parks and Natural Resources Commission, Community Center members and users, City Staff, School District Staff and several youth athletic association representatives. The preliminary design information and cost estimates were approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the baseball field, parking lot and Community Center addition. The concept plan for approved by the Parks, Recreation and Natural Resources Commission at their June 5, 2006 meeting on a 9-0 vote. The preliminary construction plans for the re-designed baseball field,parking lot and Community Center Building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. SITE PLAN Community Center Addition—This project consists of the internal redesign, reconstruction and a new building addition onto the east side of the current facility. The project includes an enlarged fitness area, new locker rooms, lobby, concession stand, multi-use gym, team rooms and several other amenities. A third ice rink is being shown on the plan as a bid alternate. Round Lake Baseball Field/Community Center Parking—The project includes site grading, storm water utility work and storm water ponds,bituminous parking lot with curb, sidewalks and trails, a new fenced baseball field with drain tile and irrigation,ball field amenities including dugouts and bleachers, and landscaping. The attached exhibit shows a land swap between the City and school district. The City receives the area shown in red and the school district receives the area in blue. 2 Staff Report—Community Center Addition—Round Lake Baseball Field January 5, 2007 ARCHITECTURE The variance request for exterior materials has been withdrawn. The plans conform to the city requirements for 75% face brick glass, or stone. VARIANCE The addition to the community center will cross a lot line and a zero foot setback is required. The setback to Eagle Way(private road)to the north ranges from 28 feet to 120 feet and the green space between the building and Eagle Way averages approximately 74 feet.This is greater than the 50 foot setback required in the public zoning district. STAFF RECOMMENDATION Recommend approval of the following request: • Site Plan Review on 103 acres. • Variance to permit a 0 foot rear yard setback for a building addition. City Code requires a minimum 50 foot rear yard setback in the Public zoning district. This is based on plans stamp dated December 22, 2006, the Staff Report dated January 5, 2007 and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. 3 Area Location Map - Community Center & Round Lake Park Address: 16700 Valley View Road [ ' [ �r \ j' 111 .. : .":.,' .n '...1 -,`:....:. .:..1 ,✓;"• -� Yam, \.. / ...r/: r .:': l { • ''.:{.::.N, .. : -i- fir'` -.-J-r-T.T..7.-•.•.......•! .........i.....:......:•.1..........:[:::•.:..,...i ,.......1_--_..,-.,-.1.:.::•..1:•........:..::::,....--- .••:-.......:....„......---.>,.... ••••• .....<".-.......„..,•...•••. :. •tc."-....,,,, I.-....,...-.4 i ....1 .:i ..!. ,...7.-.\\:::..........:-...._ ............:........:..:-....:-..........1 1:......,........ ........:„:„:::!......J..,—___.•--:„..... ........... ........J-....‹...\...::......„„c,.1.......-i, ,,.,,•.). ... ...• .,......., t............... , :...........,.....I. :1• ...../...,+ ,,--.,.. \•,, ,,..T... :.:...............:.....::•:........ .. 1 t f N � � � i '� am\ !�; -� �- _� ,,,,-....:..•..:..7.......•.::"1,,:•.'....::.:.••.•••:i..:..........•.".:••I1:,::.:..:•..:....'\1-'•••,••:••"...,,c1a..-.-..-...:-•:"„.-.---.:.......•:.•••-••..•.•.....'.,..:....,.•..,i,-::c:,...,--:-0.••..•.':i•."i,._..•,,...-..J/.1..../....7..-..::•:"•:.1...-:.1'-.•\-.‘:•..•...•....•\:-.":.• •.•1-.../.-.....,......•,......-....4I1 i]-........-::-:-•.7.••••••.••\•,',_.-,)-..-...•....-.._ \_� >; '',;7 I / ( T41j _.___.2 i Eden Prairie High School , ;; r — - y f .l T- j - � = . \_ Edenit „ _\ i • Community Center! Prairie Rd • Raund•Lake Park' '. . E E TT 33 _�. Valle View Rd - •- •Valley View I . .:..... : E . E 1' { i is. • • 1. _ I_�—_.—I-__ '..:.....jj.' .::::'i 1.;W.1'.':::'': :..`r ::'.i�. •• • i 3 ( 1j : _j f - I •-.. •f :'i. 1 : • ca��:�, •• • •• • • • • ,:: { [:": Zoning Map Community Center and Round Lake Park 16700 Valley View Road, Eden Prairie, Minnesota r ii Duck Lake ETV • TI :ripillo ._, , 1101° *P. ilk Ej iiik .4,11 1 0*„.4 I ti _ 1 1 OS ,i� aiii,,, I -• RTE& iIll DariallionOw . - N1 •S if, 11(41.4 ....„ 1 ►o I111W <,/, SITEInir I- �, ' .____ Community Center! �� Eden Prairie Road im -{ -- t �i� I_ == == - Round Lake Park /, _ I = nil -_ min uwahraig Valley View Road — , == I. _ ism ■� ■ Round Lake I MI lIF A ;Oak mb, ! IP- \ ii,III�■num ! II1 I + 1 4 ■ libii. I I n •Jt. ill,'myUpIuun'■11■. ME •ts� . _ 4) j r olir&dimil _ , Er v ill i J--'1• *AA. Rural One Family-10 acre min. -Highway Commercial Shorefand Management Classifications R1-44 One Family-44,000 sf.min. -Regional Service Commercial II Natural Environment Waters R1-22 One Family-22,000 sf min. -Regional Commercial Recreational Development Waters I r,nl General Development Waters(Creeks Only) ',f , i f,/ tt R1-13.5 One Family-13,500 sf min. I I Industrial Park-2 Acre Min, v7Aq 00- Year Floodplain R1-9.5 One Family-9,500 sf min. ;= Industrial Park- 5 Acre Min. Highway#312 West of County Road#4 is proposed,not constructed at this time. RM-6.5 Multi-Family-6.7 U.P.A.max. -General Industrial-5 Acre Min. Up dated through Ordinance#09-2005 IMI RM-2.5 Multi-Family-17.4 U.P.A.max. I I Public Ordinance#33-2001{BFI Addition}approved,but not shown on this map edition PRAIRIE Office I I water Date:June 24,2005 Neighborhood Commercial I i Right-of-Way r%,�,�e�aa d« • �PF ±SFr i tin •?,vrreK•OAt:AM Community Commercial I Chanhassen City limits N A Guide Plan Map Community Center and Round Lake Park 16700 Valley View Road, Eden Prairie, Minnesota 1 , MO 40 , al Waft iii l fEl 11114rIp *St*,1 1II1- ,O.i.__ • Ar 0i " 1 4 Eden Prairie High School r I 1 4 . 40, SITE Pr j 1 h . „. - . Community Center/ Eden Prairie Road NM iiiii,■ l \\ ; Round Lake Park f C .4111,4 !!LH Valley View Road t 1 i Round IP . Lake 41I Will1 iii Iwiliptror t iv 1 ! WAWA 41 -1 I ' le � 11411 II � I 40r- eta IP- - -- ... . , 2 \._ Ill / Low Density Residential 0-2.5 UnitslAcre Neighborhood Commercial — Principal Arterial SRI ® Low Density/Public/Open Space Community Commercial A MinorArterial v II Medium Dens-sty residential 2.5-10 Units/Acre- Regional Commercial — B Minor Arterial EDE I ] Medium Density Residential/Office - Park/Open Space — Major Collector N High Density Residential 10-40 Units/Acre [ Public/Quasi-Public =— Minor Collector PRAIRIE 1 I Office _Church!Cemetary VA Office/Industrial Open Water DATE Approved 03-19-03 �/f Office/Public./Open Space Right-Or-Way DATE Rersed 01 or 05 ® Industrial — Metropolitan Urban Service Line(MUSA) -- Creeks Planning Commission Minutes January, 8, 2007 Page 1 A. COMMUNITY CENTER& ROUND LAKE PARK Request for: Site Plan Review on 103 acres; Variance to permit a 0 foot rear yard setback for a building addition; City Code requires a minimum 50 foot rear yard setback in the Public Zoning District; Variance for exterior building materials. Scott Neal, Eden Prairie City Manager, started out the proposal by giving some history to this project. He stated the Eden Prairie citizens approved the Parks Bond Referendum, which would be funding this project. He stated Mr. Lambert, the Eden Prairie Director of Parks and Recreation, would be presenting the proposal. Mr. Lambert utilized the overhead projector to show illustrations of the project. He pointed out the new parking for the Community Center would be moved closer to the building. He also said one parking lot would be dedicated during the school year to the Eden Prairie High School for student parking during the day. Mr. Lambert said the Eden Prairie Baseball Association would pay for 50% of the cost for the new baseball field lighting and other additional amenities. He pointed out with this project they will lose one softball field,but the remaining field will utilize lighting so they can accommodate the same number of adult league teams. Mr. Neal addressed the issue of the proposed land swap with the Eden Prairie School District. He stated in 2006, the City talked with the school in regards to a land swap, in anticipation of a third rink. He pointed out the City was initially going to swap the parking lot parcel that is adjacent to Oak Point, for the additional land needed for the rink. This option was not approved but what was agreed upon was giving the School District a small section of the parking lot west of the Community Center. Mr. Lambert stated this would be a very even trade for both the City and the School District. He pointed out the reason for the variance request was with this exchange there would only be 10-12 feet setback versus 50 feet, which is what the City ordinance dictates. Mr. Lambert started a variance for exterior building materials is no longer needed and the elevations meet city code. Stoelting asked Herron to review the staff report. Herron stated in clarifying the zero lot line variance, she said the building would be right up against the lot line. Mr. Lambert clarified by stating the City and the school district will be trading proerty so the City will own the land between the rink and Eagle Drive . Stoelting opened the meeting up for public input. There was no input. Pitzrick asked if rain gardens would be incorporated into the parking lot. Mr. Lambert stated they were looking into it,but it did not fit into the plan. Pitzrick asked if permeable black top could be used. Mr. Lambert stated in the area where the Lions tent would be placed would be a good spot where they could try it. He pointed out since the durability of the product is unknown, they would just use a test area. Stoelting asked Mr. Lambert to address the timing of the project and discuss issues of parking. Mr. Lambert said they are trying to accommodate the School District and because of this, and the Lions Schooner Days, the parking would be very congested. They would like the parking lot done before school starts; so they will start on the day after Schooner Days. Mr. Lambert also pointed out the Eden Prairie High School hockey team would not be able to have any games until after January 1st MOTION by Powell, seconded by Koenig, to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk, to recommend approval of the Site Plan Review on 103 acres; Approve variance to permit a 0' rear yard setback based on plans stamped dated December 22, 2006, and the staff report dated January 5, 2007. Motion carried 6-0. CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Community Edenvale Park Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 9 acres Synopsis The proposed project is to reconstruct the layout and facilities of an existing neighborhood park and to construct a new park shelter building, parking lot, trail, sports field, hockey, and skating rink. Background Information This project received design input and feedback from adjacent neighbors at three informational meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The concept plan for Edenvale Park was approved by the Parks, Recreation and Natural Resources Commission at their April 3, 2006 meeting on a 7-0 vote. The preliminary construction plans for the re-designed park and a new park building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007 meeting. The Planning Commission approved a Variance to permit a 27.3' front yard setback for the parking lot and a Variance to permit a 41.46' front yard setback for a basketball court. The Planning Commission added the motion contingent upon further discussion regarding tree loss with neighbors and City Staff and also to have natural plantings in this park. Staff has worked with the neighbors about the tree and landscaping issues at Edenvale Park since the Planning Commission meeting. Staff is proposing to keep as much of the treed vegetation as possible in the drainage swale along Edenvale Boulevard. Staff has also worked with the consultant to revise the landscape plan to add 7 trees and naturalized plantings along Edenvale Boulevard. Attachments 1. Resolution 2. Staff Report 3. Location Map 4. Land Use & Zoning Maps 5. Planning Commission Minutes 6. Letter from resident EDENVALE PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDENVALE PARK BY CITY OF EDEN PRAIRIE WHEREAS, the City of Eden Prairie, has applied for Site Plan approval of Edenvale Park to construct a new park shelter building,parking lot, trail, sports field, hockey, and skating rink; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 8, 2007 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its February 6, 2007 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Edenvale Park. ADOPTED by the City Council of the City of Eden Prairie this 6th day of February, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Stuart Fox, Park and Natural Resources Manager DATE: January 5, 2007 SUBJECT: Edenvale Park APPLICANT: City of Eden Prairie LOCATION: 7300 Edenvale Boulevard REQUEST: • Site Plan Review on 9 acres. • Variance to permit a 27.3' front yard setback for a parking lot. City Code requires a minimum 50' front yard setback in the Rural Zoning District • Variance to permit a 41.46' front yard setback for a basketball court. City Code requires a minimum 50' front yard setback in the Rural Zoning District Staff Report—Edenvale Park January 5, 2007 BACKGROUND This site is guided Parks/Open Space and zoned Rural. PUBLIC REVIEW The proposed project is to reconstruct the layout and facilities of an existing neighborhood park. This project received design input and feedback from adjacent neighbors at three informational meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The concept plan for Edenvale Park was approved by the Parks, Recreation and Natural Resources Commission at their April 3, 2006 meeting on a 7-0 vote. The preliminary construction plans for the re-designed park and a new park building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. SITE PLAN The project includes site grading, sanitary, water and storm water utility work,bituminous parking lot with curb and gutter,bituminous bike trail, a soccer style field overlying a baseball field, a new hockey rink and free skating area and a new park building. ARCHITECTURE Architecture for the buildings is based on a consistent theme that has been used for the past 5 park buildings. The park shelter building will be rock face block and have an asphalt shingle roof. This meets the architectural requirements in the Rural zoning district. DRAINAGE Rainwater gardens are proposed. VARIANCE The proposed parking lot and basketball court could be built meeting code but would impact the wetland to the west. It would be reasonable to grant the variances to avoid impacting the wetland. 2 Staff Report—Edenvale Park January 5, 2007 STAFF RECOMMENDATION Recommend approval of the following request: • Site Plan Review on 9 acres. • Variance to permit a 27.3' front yard setback for a parking lot. City Code requires a minimum 50' front yard setback in the Rural Zoning District • Variance to permit a 41.46' front yard setback for a basketball court. City Code requires a minimum 50' front yard setback in the Rural Zoning District This is based on plans stamp dated December 22, 2006, the Staff Report dated January 5, 2007 and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. 3 Area Location Map - Edenvale Park Address: 7300 Edenvale Boulevard .......::, .....::::......1........,....i. .........•..........:....A •,..„..,._:__.,.., .:(1...771-7.7:.....1....... •\--r.-7.:-7.:I 1,•.••••• • 1..• .... ...... . .. .. .. ^... t .. • - • F. j ..•.... .• . ..��.. 1 /• __ __s_ ' • . 1 \ .:.. �/:.:..:':'.:.. ram` ::. • .:.. ': ' gym. . � , .:� -'r- ......::.:�. 1...-... � • s\ I. r`:' 1'. 1 `'gym• r; • • • / • J—: � I �=em ./ • •i•. ` , 33 • 1 ' Creekside pr , f •ti i t' [ S , E ...:::::•:.:.. .:. ....:... . . / 4 enva e v , f 1 : I 1 l' i f1: ...:......:. l: : '"� J� tit::�:.: Div �� •SI•TE r ...:..... ..... ..: .: ...... . ... .... :...:..... :. . ... .. ........: .. . ,::: r. ..i Sunshine Dr. ; ' • 'Wry--� i I „!\•.•!!. . ..: ::.•• •...":..:.....".• • ! •..- .. -•• ••••• • ••••••••••••• ••••:::!..!!•!!..!••••••••• ••••••••••;!!•!!••••••••••••.: .•••••••••••••••••••••••••••• 1-•-•:•=._r_:1:::7-:_!•7,_____!!!!%••••:: r•••••:::.!:•••••k!!!.!!:::.\\7!..7.777A 1:•!•••••••••••••••••• i--1 • • • •• • • /. •f .. ••• /: • � :� • Steller La - ...::.;:. • { i ..: . ....:.., 1 :..i.. • • i. • 4 ;w -, 4 Valley View Rd ; f; r; } l C • • , i--- ' ale .) ,� E: .... 9 •.. .... .. .. f .:: f!. . Zoning Map Edenvale Park 7300 Edenvale Boulevard, Eden Prairie, Minnesota .,___/ AO to, isw.,,er' 111101. % iii IIlk -4011111 IP 1111 'PO ...,, iii ,\ , 1--ii \ limia Air *4440 iwal, 11111.:•lwatip itioriia� 11111‘611 i Ili --.1 lip- lyr a ♦� Ail* Sri p a& _ Creekside Drive Of IN Per Y Eden Prairie Road \\ it, 4 . ss . , al Sunshine Drive] aittritiA7 fl4L-4,v �rD ■ ' 111,I — J Valle Vi Rd LIII i ISilL 11. *Al"*.111:: AX. ........4 / ' I i Rural One Family -10 acre min. -Highway Commercial Shoreland Management Classifications I I R1-44 One Family-94,000 sf.min. _Regional Service Commercial II Natural Environment Waters li R1-22 One Family-22,000 sf min. _Regional Commercial Recreational Development Waters ® General Development Waters(Creeks Only) ''r , r 11 R1-13.5 One Family-13,500 sf min. I I Industrial Park-2 Acre Min, i� 100- Year Floodplain R1-9.5 One Family-9,500 sf min- i Industrial Park- 5 Acre Min. Highway#312 West of County Road#4 is proposed,not constructed at this Gme- I I RM-6.5 Multi-Family-6.7 U.P.A.max. _General Industrial-5 Acre Min. Up dated through Ordinance P09-2005 No RM-2.5 Multi-Family-17.4 U.P.A.max. I I Public Ordinance#33-2001(BF!Addition)approved,but not shown on this map edition PRAIRIE I Office I I Water Date:June 24,2005 I I Nei ��aregvevo�=r reaxd u,rU:re��r�sa, o-h:o*y..ar.re a:wxe ghborhood Commercial I (Right-of-Way tivE•waxK•O;EaM I 1 Community Commercial I 1 Chanhassen City limits N A Guide Plan Map Edenvale Park 7300 Edenvale Boulevard, Eden Prairie, Minnesota _ 7 1 '' - ' ' '4V47#4 kW"I I ft" 4 liti . . - . ,. / 0 . Viii of* 0 ..... imik . .._ . _ . fifuzliot tattoo itille• A I Ogilift , is- it ,,„_,_ mil ' dilli 11110ff 40_ lit-imat1644 mg* 11Y4 MID It **,,AjP :maim - it w44_, Wye "14,1414441,..up. -ix: - kr tr.. 1- 1- _ ,Ip- L pm silk . ,_,,,,To \ , ,. To i kVA 7 „. .,,,C eekside Drive ,,. „, 1 t'0 0, O ... Aliil4nlii.l f,Nf,#o if 4„;....40"401 d Edenvale Boulevard '; Wit 4 i 1 r \„ i � to04km-L , f4j . it. j1unshine Drive ♦ 4 :.)Mr �� I r 0ow. V ,� i Steller Lane ' - ■►rwAte !_ k, ate.a sui is __---___ ___ IN ■r g 'pm ■ iiiiitir r Valley View Road vii„,,, Erik, .0iinotin ip#wail ril "ss. of.,_ . 1:=:) NE 11/1 RI •>-4troF0., 4: , Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial — Principal Arterial \ mi 1774 Low Density/Public/Open Space Community Commercial —A Minor Arterial Medium Density residential 2-5-10 Units/Acre f- Regional Commercial — B MinorArterial 1-10 r n �Medium Density Residential/Office Park/Open Space — Major Collector a 1 t u EN xiHigh Density Residential 10-40 Units/Acre 1 Public/Quasi-Public — Minor Collector I`NJ PRAIRIC l Office I.Church!Cemetery rA Office/Industrial Open Water SATE App o�d 03-,9-03 Office/Public/Open Space Right-Of-Way GATE Rev se 1 D1-97-95 ■Industrial — Metropolitan Urban Service Line(MUSA) — Creeks Planning Commission Minutes January, 8, 2007 Page 1 D. EDENVALE PARK by the City of Eden Prairie. Request for: Site Plan Review on 9 acres; Variance to permit a 27.3 front yard setback for a parking lot; City code requires a minimum 50' front yard setback in the Rural Zoning District; Variance to permit a 41.46" setback for a basketball court. City code requires a minimum of 50' front yard setback in the Rural District. Stu Fox, Park and Natural Resources Manager for the City of Eden Prairie, presented the proposal. Fox stated this is a redevelopment of Edenvale Park. He pointed out this park has been discussed for years and when the bond referendum came to be, the City had an opportunity to improve the park layout and amenities. The City did have a meeting with the neighbors to discuss what they would like within the park. One improvement would be to build a new permanent park building. Fox also used the overhead projector to illustrate other amenities for the park. He stated they are adding more parking spaces to this area and a basketball court. Fox pointed out the area would be irrigated. He stated the new park building would have sewer and water. The building would also have a covered picnic area. He stated the storm water run off from the parking lot would go into a rain garden. Stoelting asked Herron to review the staff report. Herron stated the Staff recommends approval of this project. Stoelting opened the meeting up for public input. Deb Hetherington, of 7252 Sunshine Drive, said she is speaking on behalf of all the residents in the area. She stated they are excited about the overall plans for the park but they did have one concern, which is the overall loss of significant trees. She stated they feel 40 trees are a considerable amount of tree loss and they would like the City to minimize the tree loss. She said their second concern is only a limited amount of residents received notification of this project. Jeff Strate, of 15021 Summerhill Drive, stated he is happy with the renovated playground, but he would like the City to make it friendly for seniors and young moms by putting in more benches in the playground area. He also agreed with Ms. Hetherington in regards to the tree loss. Mr. Strate also recommends naturalizing plantings, and to put in shrubs and grass versus turf. Stoelting asked Fox to address these issues. Fox said in regards to the trees, they looked at the total lot size, and with that in mind, the tree loss is very minimal. Fox pointed out the new amenities cannot be put in without these trees being taken out. Fox said in terms of naturalized plantings, they have tried that in the past, and some people tend to think it looks like more of a un-maintained wild area than a park, but he said they will look into this suggestion. Fox said as far as benches, more can be installed. Stoelting asked Fox to address the issue of notification. Fox stated 390 notifications were sent out and they went well out of the normal area of notification. Koenig asked if it would be cheaper for natural plantings. Fox said initially it is more expensive for the first 5-6 years, but after that it is cheaper. Jeff Strate said the area around this park is natural looking and he feels the plantings would fit into the area. Kirk stated he agrees with the concept of naturalized planting in the area. Kirk also asked what the plan is going to be for the tree loss and would anticipate a better compromise. Fox stated they can certainly talk more with the neighbors, but also said what needs to be kept in mind is the fact that the trees have to be placed where they can grow in reference to sunlight, and because of this it could interfere with some of the projects. Koenig asked if Fox could again meet with the neighbors and come back to the Commission. Kirk said he does not believe Fox should come back formally, but just update the Commission on the project. Ms. Hetherington stated she is still concerned with the tree loss. She does not understand why the ash trees on the west side of this project have to be taken down. Pitzrick asked if this is under Construction Management Agreement. Fox said it was not. Stoelting asked Fox to cover the variance. Fox stated there are two variances; one for the basketball court and one for the parking lot. MOTION by Powell, seconded by Koenig, to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk, to recommend approval of the Site Plan Review on 9 acres; Approve Variance to permit a 27.3' front yard setback for a parking lot and Variance to permit a 41.46' front yard setback for a basketball court based on plans stamped dated December 22, 2006, and the staff reported dated January 5, 2007. Motion carried 6-0. Koenig amended the motion by adding the following to the end of the original motion; "contingent upon further discussion regarding tree loss with neighbors and City Staff and also to have natural plantings in this park." MOTION by Powell, seconded by Kirk, to accept the amended motion. Motion carried 6-0. TO: The Honorable Mayor Phil Young Eden Prairie City Council Members Eden Prairie Community Development Department FROM: Deb Hetherington 7252 Sunshine Drive RE: Edenvale Park Renovation Plans DATE: January 31, 2007 The proposed Edenvale Park Site Plans (12/22/06) come before the City Council for review and a vote on Tuesday, February 6, 2007. These plans were approved by the Parks and Recreation Commission in early January, and reviewed and approved by the Planning Commission on Monday, January 8, 2007 with the following amendment: "contingent upon further discussion regarding tree loss with the neighbors and City Staff and also to have natural plantings in this park." I attended and spoke at both of these meetings, noting our overall pleasure with the layout of the new park, but extreme disappointment and frustration over the loss of significant trees in what now serves as, and is planned to continue to serve as, a"neighborhood park". To date, to the best of my knowledge, no one in the City Staff has contacted me or the"neighbors" for"further discussion" as requested in the Planning Commission's amendment. I, therefore, ask the City Council to vote NO on the 12/22/06 Site Plans, until such"discussion" has occurred, and the neighborhood clearly understands the cost of these renovations- not just the promised new amenities. My comments to the Planning Commission are attached for your review. Our neighborhood has had unsatisfactory experiences with City "improvements" in the past, which fuels our efforts for further discussion regarding Edenvale Park prior to final City approval and the start of demolition/renovation. If previous notices to the neighborhood from the City had included details of demolition and replanting plans, as opposed to simply the new layout, I am confident that more neighbors would have spoken out against these final plans much earlier. We look forward to the City following through on its commitment to having"further discussions" with the neighborhood PRIOR to FINAL APPROVAL by the City Council. Thank you for reviewing this situation prior to your vote. Feel free to contact me at dhetherington cr,corncast.net OR call at 612-978-9422 if you have any questions. Sincerely,P.4 4-Mti/ Uhi Deb Hetherington 7252 Sunshine Drive Comments made by Deb Hetherington to the EP Planning Commission on Monday, 118/07 regarding Edenvale Park Renovation Plans: Hi! My name is Deb Hetherington. My address is: 7252 Sunshine Drive. Mr. Chair and members of the Commission: 1 am here tonight to speak on behalf of the residents who live near and utilize Edenvale Park- a neighborhood park which my family uses multiple times a day as we walk our dog, or our children play. While the current park is not the most glamorous in Eden Prairie, it offers a nice variety of topography, trees and modest recreation facilities, including a hockey rink/ dog park, warming hut, baseball field and a newly renovated playground. We are excited about the overall plans that the City has prepared, particularly the rebuilding of a baseball field, which had been eliminated on earlier plans. We are concerned, however, with what appears to be an excessive loss of"significant", mature trees- a total of 36 according to the current demolition plans, the majority of which border the perimeter of the park, including along the walk/ bike trail. These are primarily ash, spruce, and maple trees, most of which, I understand, were planted by the City over 20 years ago. While comparing the plans to the park on my walk today, 1 noted at least 4 additional, significant trees which would be removed, based on those targeted near them. The current landscaping plans call for only 19 new trees to be planted, a net loss of up to 21 trees. The trees called for include 6 ft. spruce trees and smaller maple, oak and birch trees. Some trees in this park must be removed since their existing locations are in the middle of the future hockey rink, basketball court, soccer or baseball fields. We do not believe, however, that 40 trees need to be removed. There are too many XXX's on the (demolition) plans, and too few trees scheduled to be planted. Based on my novice review of the complete plans given to me by Mr. Lambert last Friday, the tree tally is: Type of tree # to be removed #to be planted Net Gain/ Loss Spruce 6 12 +6 Ash 14 0 -14 Maple 6 3 -3 Cottonwood * 4 0 -4 Dutch Elm * 6 0 -6 Oak 0 4 +4 River Birch 0 1 +1 TOTAL 36 19 Almost 50D/© * Not considered "significant" trees. This issue may not appear to be a major concern to most citizens, but as a resident of Sunshine Drive whose backyard borders the Glenshire Wetland Mitigation area, we have a heightened sensitivity, and quite frankly, significant skepticism about how the City's tree removal plans in the name of"City Improvements" can turn into a landscape massacre. We know, we lived it 4 years ago and are reminded of it everyday as we look out and see Edenvale Boulevard fully exposed, where it once was fully concealed by trees. We love this vibrant neighborhood- my 4th in Eden Prairie over the last 20 years. We ask you, the Planning Commission and all others in the final design, approval and execution of this park renovation to please reconsider the tree removal and landscaping plans to minimize significant, mature tree loss, particularly those along the western perimeter which borders the Purgatory Creek Watershed District, as well as those along the walk/ bike trail which runs near Edenvale Boulevard. Also, for those trees which must be removed, that they are replaced at a significantly higher percentage rate and quality of replacement than those currently planned. As a second concern, I'd like to advise the Commission that a limited number of Eden Prairie residents received information directly from the City regarding these Edenvale Park plans due to the relatively short distance required, versus the number of residents actually impacted. 1 live 7 lots to the east of the park and received notification, but my neighbor 10 lots away received no notices until 1 called them today, and they too are very concerned. Regardless of the outcome of your vote tonight, 1 ask that the City notify at least all of the residents of Sunshine Drive, Stellar Lane and Moonlight Lane prior to next Tuesday's City Council Meeting and that the communication include the demolition plans, including trees to be removed, as well as the modest landscaping plans, as opposed to just the layout of the recreation facilities previously received. Thank you. CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Community Forest Hills Park Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 57 acres Synopsis The proposed project is to construct a new park shelter building, hockey, and skating rink and to reconstruct the layout of existing sports fields. Background Information This project received design input and feedback from adjacent neighbors as well as from the School District Staff at several meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The concept plan for Forest Hills Park was approved by the Parks, Recreation and Natural Resources Commission at their April 3, 2006 meeting on a 6-0 vote (one Commissioner left the meeting prior to this vote). The preliminary construction plans for the re-designed park and a new park building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. Planning Commission Recommendation The Planning Commission voted 5-1 to recommend approval of the project at the January 8, 2007 meeting. Attachments Resolution Staff Report Location Map Land Use &Zoning Maps Planning Commission Minutes FOREST HILLS PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR FOREST HILLS PARK BY CITY OF EDEN PRAIRIE WHEREAS, The City of Eden Prairie, has applied for Site Plan approval of Forest Hills Park to construct a new park shelter building, hockey, and skating rink and to reconstruct the layout of existing sports fields; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 8, 2007 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its February 6, 2007 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Forest Hills Park. ADOPTED by the City Council of the City of Eden Prairie this 6th day of February, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Stuart Fox, Park and Natural Resources Manager DATE: January 5, 2007 SUBJECT: Forest Hills Park APPLICANT: City of Eden Prairie LOCATION: 13708 Holly Road REQUEST: • Site Plan Review on 57 acres. Staff Report—Forest Hills Park January 5, 2007 BACKGROUND This site is guided Parks/Open Space and zoned Rural. PUBLIC REVIEW This project received design input and feedback from adjacent neighbors as well as from the School District Staff at several meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The concept plan for Forest Hills Park was approved by the Parks, Recreation and Natural Resources Commission at their April 3, 2006 meeting on a 6-0 vote (one Commissioner left the meeting prior to this vote). The preliminary construction plans for the re-designed park and a new park building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. SITE PLAN The proposed project is to reconstruct the layout and facilities of an existing neighborhood park.The project includes site grading,sanitary,water and storm water utility work,67 new parking spaces,an irrigated soccer field and baseball field, a new hockey rink and free skating area and a new park building. ARCHITECTURE Architecture for the buildings is based on a consistent theme that has been used for the past 5 park buildings. The park shelter building will be rock face block and have an asphalt shingle roof. This meets the architectural requirements in the Rural zoning district. STAFF RECOMMENDATION Recommend approval of the following request: • Site Plan Review on 57 acres. This is based on plans stamp dated December 22, 2006, the Staff Report dated January 5, 2007 and the following conditions: 2 Staff Report—Forest Hills Park January 5, 2007 1. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. 3 Area Location Map - Forest Hills Park Address: 13900 Holly Road ,,__ 4} ' 1 E' - f 1 S.. E� .•! • 1. !' { I , .......... I .. 'I' :.:.'.'i \ ... - _ i' •• :I: •• ice, ....•.:. ::... i" •••••••••-••••••••••••,•' .---1"."1"" ../.••••••.:1[...••••.•-•••I 17.7:.•••.\•••••••••••••••.1......•••••• •••:[--/-:,-______ -- -•• • •••• ••••••• [",-[''[. •. .1, kir••:.••: ...,..\\:.•.,,,,..1 ...• r • �. f: ` • ..i.: 'I: • • 'i t f'.�'�:.:� • `tom_. . : f: Tanager La i 3 ,.:... .... ,:..:. is >I` i f' ' 1.. i. . i .. i r • • • t • f -i ° .� ram, 3 ! J ::1. .. S .. .1 .. • -'f • 1 • • • • ti 3 • • •• f • •1 -- -,---, — Baker Rd ... .. :...•. .. ... .1 ... • • Manchester La • ___ . • • ATE • • ' s... S .coo l ,.: . t •• •s Foret HillsPark .; I I Iv\ • I j Al) t , 3 i - 3 \�:�.:. ..'.: .a �\ 7. t 1: -__'---... _ 'tom` , 1.:::.•:;;;,, ' C Zoning Map Forest Hills Park 13900 Holly Road, Eden Prairie, Minnesota F„_, , _,....,„ ..._____, ilk..,0101, ____ ,_..... \\ F...„ 40.40100" ____ / /I/ kagottaiti Tanager Lane [./ triilli ' W-L ,.., Lit4 . Manchester Lane , SITE 1111TAPP ,, 1101 0 School41p Baker Road Forest Hills Park r 4*4144 A mi. # *4A \ lb 4*4 ,121 elikvm Holly Road Kik if& 00,----- „ _._ illpyryr. LAB lial 4 oili WO f / *0 1 1101 ii.1 ii vim pr44 , Rural One Family -10 acre min. ®Highway Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. -Regional Service Commercial i Natural Environment Waters il Rt-22 One Family-22,000 sf min. -Regional Commercial Recreational Development Waters I col General Development Waters(Creeks Only) '", e t t R1-13.5 One Family-13,500 sf min. I I Industrial Park-2 Acre Min, WA 00 Year Floodplain R1-9.5 One Family-9,500 sf min. NW Industdal Park- 5Acre Min. Highway#312 West of County Road#4 is proposed,not constructed at this time. RM-6.5 Multi-Famity-6.7 U.P.A.max. -General Industrial-5Acre Min. Up dated through Ordinance#09-2005 In RM-2.5 Multi-Family-17.4 U.P.A.max. I I Public Ordinance#33-2001(aFI Addition)approved,but not shown on this map edition PRAIRIE Office I I Water Date:June 24.2005 Neighborhood Commercial I I Right-of-Way In nre a Ceceyq zo rab.la a nng•hssr.on thttori,y map.the 010a me .-. kgareex^pra,rnfee. d,nPnreCafCE,rz..a ,al flvE•VVORK.osEAAI Community Commercial I I Chanhassen City limits N A Guide Plan Map Forest Hills Park 13900 Holly Road, Eden Prairie, Minnesota / i • I� poi11, .111)1 . I 0, frol .. 1 . 1 Tanager Lane 1,_ i I / 41 4 I ; ip, 4 II % . / ,, . Baker Road Iliwill -_, .. _„ \\,__ . , . ------- , i .\ _ w I . .-- . . .„..0 .,........ _._ _ . . ..• • .„,.: _, Manchester Lane SITE 0111' 411 .. ` : . / \'' -"---------- --- ----. school Forest Rills Park 41411/1 12 : • r ---_____/ \ app 10— 1 Holly Road Pillip 4 a iiii.i h nil/Wm J./to 0 pig L 1-.. b141* 4410 i 1 I -1 1 ll 04 fi rW Pal* ,.. ---- \ 101- __II i Low Density Residential 0-2.5 Units/Acre I 1 Neighborhood Commercial — Principal Arterial 1 t... Low❑ensity/Public/Open Space 4 I Community Commercial —A MinorArterial \\v 11111 I I Medium Density residential 2.5-10 Units/Acre - Regional Commercial — B Minor Arterial EN Medium Density Residential/Office - Park/Open Space — Major Collector n I PRAIRIE EU I) I' NE High Density Residential 10-40 Units/Acre Public/Quasi-Public Minor Collector I V . Office _ Church!Cemetery MOffice/Industrial Open Water DATE Approved 03-19-D3 I7AOffice/Public/Open Space Right-Of-Way DATE Revssetl0l-0705 ® Industrial — Metropolitan Urban Service Line(MUSA) .- -Creeks Planning Commission Minutes January, 8, 2007 Page 1 E. FOREST HILLS PARK by City of Eden Prairie Request for: Site Plan Review on 57 acres. Stu Fox, Park and Natural Resources Manager for the City of Eden Prairie, presented the proposal. He stated when they were looking at redesigning this park, they also included the Eden Prairie School District in the decisions that were to be made. He said the majority of property is City owned, but they did have meetings with Forest Hills School and the neighbors in discussing the changes to the park. He stated one of the changes would be to eliminate the back side road to public access. The other changes would be to add a large soccer field, a softball field, move the warming house down to the lighted area, and they would also like to establish a sliding hill so the kids are not sliding into the hockey boards. Fox pointed out the neighbors had concerns about access into the park on the north side. He said the City is purposing on putting a sidewalk into this area and they will also be putting up an access gate across the bike trail. He said would eliminate cut-thru vehicle traffic. Stoelting asked Herron to review the staff report. Herron stated the Staff recommends approval of this project. Stoelting opened the meeting up for public input. Jan Anderson, of 6591 Manchester Lane, said she thinks this plan is a very good plan and the City is very good at listening to the neighbors' concerns. Powell stated he has some concerns for this project. He said in regards to the 2 layer playground, it appears the top layer would be turned into a parking lot, and there would be a loss of playground. Fox pointed out there would not be a loss of playground because there is an additional play area on this project and the City is also supplying more equipment for this area. Powell stated his daughter, Janna, signed a petition, along with 30 friends, that they do not want the upper level slides taken out. Fox stated the school considers the slides a liability issue and wants them taken down. Fox stated Powell's daughter should bring her concerns to the principal of Forest Hills School. Powell stated he does not support the parking lot. He also said in regards to the prairie grass, the whole sliding hill is made of this. Fox stated this will remain the same and the only difference would be they would be doing grading for the sliding area. Kirk commented Mr. Fox has done a very nice job with this project. MOTION by Koenig, seconded by Seymour, to close the public hearing. Motion carried 6-0. MOTION by Koenig, seconded by Kirk, to recommend approval of the Site Plan Review on 57 acres based on plans stamped dated December 22, 2006, and the staff report dated January 5, 2007. Motion carried 5-1. CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILK. Community Prairie View Park Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 8.6 acres Synopsis The project includes site grading, sanitary and water utility work and construction of a new park shelter building. Background Information This project received design input and feedback from adjacent neighbors as well as from the School District Staff at several meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The preliminary construction plans for minor park grading and a new park building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007 meeting. The Planning Commission approved a Variance to permit a 20' side yard setback for a new park shelter building. Attachments Resolution Staff Report Location Map Land Use &Zoning Maps Planning Commission Minutes PRAIRIE VIEW PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRAIRIE VIEW PARK BY CITY OF EDEN PRAIRIE WHEREAS, The City of Eden Prairie, has applied for Site Plan approval of Prairie View Park to construct a new park shelter building; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 8, 2007 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its February 6, 2007 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Prairie View Park. ADOPTED by the City Council of the City of Eden Prairie this 6th day of February, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Stuart Fox, Park and Natural Resources Manager DATE: January 5, 2007 SUBJECT: Prairie View Park APPLICANT: City of Eden Prairie LOCATION: 17255 Peterborg Road REQUEST: • Site Plan Review on 8.6 acres. • Variance to permit a 20' side yard setback for a new park building. City Code requires a minimum 50' side yard setback in the Rural zoning district. Staff Report—Prairie View Park January 5, 2007 BACKGROUND This site is guided Park/Open Space and zoned Rural. PUBLIC REVIEW This project received design input and feedback from adjacent neighbors as well as from the School District Staff at several meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The preliminary construction plans for minor park grading and a new park building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. SITE PLAN The proposed project is to construct a park shelter building in an existing neighborhood park. The project includes site grading, sanitary and water utility work and construction of a new park building. ARCHITECTURE Architecture for the buildings is based on a consistent theme that has been used for the past 5 park buildings. The park shelter building will be rock face block and have an asphalt shingle roof. This meets the architectural requirements in the Rural zoning district. VARIANCE The request is a side yard setback variance from 50' to 20' to permit the construction of an approximately 34' x 60' park shelter building with restrooms. The park shelter is adjacent Prairie View School. The proposed park shelter building is replacing a temporary park shelter that was destroyed by arson fire. It would be reasonable to rebuild the structure in its current location. The existing non-conformity would not be increased. The variance will not remove significant trees on the site. STAFF RECOMMENDATION Recommend approval of the following request: 2 Staff Report—Prairie View Park January 5, 2007 • Site Plan Review on 8.6 acres. • Variance to permit a 20' side yard setback for a new park building. City Code requires a minimum 50' side yard setback in the Rural zoning district. This is based on plans stamp dated December 22, 2006, the Staff Report dated January 5, 2007 and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. 3 • Area Location Map - Prairie View Park Address: Barberry Lane and Peterborg Road - I • 1 l i •• • I I ,. 1' i i _ . ;I • _ • • \..- — f 3 .I.�m..�� i • • • • 7 • ! I i 1, ,__ Barberry La _�-. € . . : . :'� i i .•.....E.: ..,�:. ,: i . ... : ; I •L --- —- 11 • • Peterborg Rd • 1 . y. .. t I'- . is � :. s C • ;. — • 1y 1, i; • --_i- • /Duck Lake Rd I i .. • • • • • S I' ..,. . I :• � - •.,.l•-: : � i _;_j PrairieView Park: ( :: P.rai rieView chool . . i. . . i \ . ___, r•........ .. ......... [ t I �+ 1--tom— .. . ..:. .:.:'.., �- ...SITE::: ;' 1 } \ �'' ': . ..:. :.:.I I...:"[ .: .. i ..1 � 1L�T. .7•7.- . _ .._, .. . .••••• ____:,••:••••••::• , ,:•••••••••, ...•• ••. •••••, i , \•••••••••••:•••• ••••,„.„---. :..,,,, ,.. ...,...„::••••::•••.............., (-:-: -..„__•„, ,,.,.,;•••••••••,,, •:,•••••••••::„,••:•.::•:..::•::::1.: , -,:••;._,_ ,••••••••••,......„.„•••••,........••••••••••••• .. , •:,..„. ••••••• . .,,_7_._..,..:,:\••••••_....._.....: ::.".., ,____,„_____, ,• •••• ....:•..........:, ,J,••••.:•:•.:::•./ „:„.._..:.__, ,,•,.,.„L._._ .„••_:..„,..: :.••••• ,.....,• • .•..............„ ....„ ,......•.............',A"'"-7• 7:—T' •.•••••••••••••••••• • Pavelka Dri. , , ��r 1 _ i • ' \\ i 1 ] e v _ :. :�....��.:��.•�.. ':..�� :'..ram i .. ..:.. ... • I �'.....:.:.. 77P1 ! Fr/.—... ; : Valley View.Rd . ••• . . . i • ` lr . \ • No Scale': ' �J . .E: a x i Zoning Map Prairie View Park Barberry Lane and Peterborg Road, Eden Prairie, Minnesota Dri11 NM 4POSPI. 11� ._ 11111440 . - 11 Barberry Lane . mir Duck Lake Peterborg Road 10 Duck Lake Road ++ Prairie View Park Prairie View School 1 L 0 1 SITE rEsa MI. ma wokI } 10 44** ___...,,,____,„ p-k. Pavelka Drive /71 -)-t lip Valley View Road • _ &II H01.\ ....A 1 .‘0‘..4 <2 Lk** . t 11111 nt 4 Mibh d410 \ ." • Rural One Family -10 acre min. -Highway Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. -Regional Service Commercial �taF7 Natural Environment Waters R1-22 One Family-22,000 sf min. -Regional Commercial Recreational Development Waters 1 r:nl General Development Waters(Creeks Only) 't t ,t. 4 R1-13.5 One Family-13,500 sf min. I Industrial Park-2 Acre Min, 100- Year Floodplain R1-9.5 One Family-9,500 sf min. mg Industrial Park- SAcre Min. Highway#312 West of County Road#4 is proposed,not constructed at this time. RM-6-5 Multi-Family-6.7 U.P.A.max. -General Industrial-5 Acre Min. Up dated through Ordinance#09-2005 ®RM-2.5 Multi-Family-17.4 U.P.A.max. [ !Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition DRAT RI E Office 1 {Water Date.June 24,2005 I L anrau0,4,,,,,.,...azm,yj,6ssrrata,ontF iai)r-ap.Ne Ord,r.e Neighborhood Commercial I f Right-of-Way a rei.0dew:oona,xae MEd.cr,.crr Cert...arB.ar. LIVE•WotK•CREAM [_,1 Community Commercial I 1 Chanhassen City limits N A Guide Plan Map Prairie View Park Barberry Lane and Peterborg Road, Eden Prairie, Minnesota WAI all 61 i oh. -For ______________ ......-..pi _ . _ , _ _ _ . a T- .._ - - I .... l v* ______ .. , ______Th 40 (-- , Barberry LaneIlif Duck , —lir-- Lake - Peterborg Road ') illar I Duck Lake Road t ! Prairie View Park Prairie View School —\ — T SITr 1 ,iwia ,„...., i . E 1 i _ , . 11",,,,o.111: --Niwikw ... „.....„,___ , ..,„„, ,...4 ____. .1......„,„„„ ...h. 1 ,,,,„, ,a„,„ Pavelka Drive II"I. --"1 41111NSIRSVAIIIIIIIPaln 77--- WrfL .. .kr .`d-Valley View Road im is iiiH00 6> A. 16, , •_., • ....4,„ .. ..„ ,... e 4. co.„, %,.... \ __ -----....„._ ..,, 1 - __________ . __l Low Density Residential 0-2.5 Units/Acre I Neighborhood Commercial — Principal Arterial I///1 Low Density/Public/Open Space I I Community Commercial —AMinorArterial 1,, WM I Medium Density residential 2.5-10 Units/Acre - Regional Commercial — B Minor Arterial I—I Medium Density Residential/Office - Park/Open Space ---- Major Collector h I EDEN PRAIRIE N ® High Density Residential 10-40 Units/Acre Public/Quasi-Public — Minor Collector 'V Office - Church!Cemetery VA Office/Industrial Open Water DATE Approved 03-19-03 VZZ1 Office/PubliclOpen Space Right-Of-Way DATE Rersetl 01-07-O5 IIIII Industrial Metropolitan Urban Service Line(MUSA) --- Creeks Planning Commission Minutes January, 8, 2007 Page 1 F. PRAIRIE VIEW PARK by City of Eden Prairie. Request for: Site Plan Review on 8.6 acres; Variance to permit a 20' side yard setback for a new park building; City code requires a minimum 50' side yard setback in the Rural Zoning District. Stu Fox, Park and Natural Resources Manager for the City of Eden Prairie, presented the proposal. He gave some history on this project and said there was a temporary warming house on this site that was destroyed 15 years ago. A trailer was brought in as replacement of the warming house but it was also destroyed last spring. The City would like to propose a new warming house building on this site. Fox pointed out the parking lot on the north side of the school is the one that is used by the public. He said rather than have the building put on the south end of the lot; it would be more advantageous to put it up closer to the parking lot. Fox stated if they did not have the variance, the warming house would get pushed out, which would mean the people would have to walk farther to the building. Stoelting asked Herron to review the staff report. Herron stated the Staff recommends approval of this project. Stoelting opened the meeting up for public input. There was no input. Powell stated this would be the first park building after the others were destroyed due to arson. He asked if the City was concerned about another fire. Fox stated this would be a rock based building. MOTION by Kirk, seconded by Koenig to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Koenig, to recommend approval of the Site Plan Review on 8.6 acres; Approve Variance to permit a 20' side yard setback for a new park building based on plans stamped dated December 22, 2006, and the staff report dated January 5, 2007. Motion carried 6-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 160104 - 160760 Wire Transfers 2599 - 2619 Attachments Wire payments #2614-2615 US Bank Purchasing Card list City of Eden Prairie Council Check Summary 2/6/2007 Division Amount Division Amount General 91,798 601 Prairie Village Liquor 153,058 100 City Manager 5,728 602 Den Road Liquor 324,620 101 Legislative 30,672 603 Prairie View Liquor 166,827 102 Legal Counsel 16,451 605 Den Road Building 27,554 110 City Clerk 11,623 701 Water Fund 316,521 111 Customer Service 15,810 702 Sewer Fund 244,103 112 Human Resources 185 703 Storm Drainage Fund 10,032 113 Communication Services 28,571 803 Escrow Fund 18,104 114 Benefits&Training 10,845 806 SAC Agency Fund 1,550 115 Risk Management 365 807 Benefits Fund 664,021 116 Facilities 109,429 809 Investment Fund 5,498 117 City Center 128,917 811 Property Insurance 1,428 130 Assessing 4,091 *** US Bank 10,668 131 Finance 1,207 132 Social Services 9,643 Report Totals 4,947,141 133 Planning 2,601 135 Information Technology 92,059 136 Public Safety Communications 13,954 137 Economic Development 95 150 Park Administration 89 151 Park Maintenance 19,091 153 Organized Athletics 7,383 154 Community Center 12,933 156 Youth Programs 47 157 Special Events 394 158 Adult Recreation 1,683 159 Recreation Administration 347 160 Therapeutic Recreation 223 161 Oak Point Pool 52 162 Arts 2,494 163 Outdoor Center 840 180 Police 77,572 183 Emergency Preparedness 67 184 Fire 73,244 185 Animal Control 2,455 186 Inspections 614 200 Engineering 1,269 201 Street Maintenance 131,785 202 Street Lighting 3,148 203 Fleet Services 64,841 204 Equipment Revolving 20,819 300 Heritage Preservation Grants 1,625 301 CDBG 27,666 303 Cemetary Operation 8 304 Senior Board 1,215 308 E-911 3,045 316 WAFTA 8,802 424 G.O.Improvement Bonds 2003D 747,920 429 G.O.Improvement Bonds 2005C 101,973 430 G.O.Improvement Bonds 2006A 617,494 502 Park Development 37,688 503 Utility Improvement 30,713 506 Improvment Bonds 1996 1,076 509 CIP Fund 52,278 511 Construction Fund 27,635 515 Fire Station#4 240,065 517 212/Charlson Intersection 2,574 519 Community Center Referendum 75,376 520 Parks Referendum 10,620 521 Trails Referendum 2,294 522 Improvement Projects 2006 17,659 City of Eden Prairie Council Check Register 2/6/2007 Check# Amount Vendor/Explanation Account Description Business Unit 2599 17,978 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2600 157,160 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2601 32,140 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2603 747,920 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D 2604 101,573 WELLS FARGO BANK MINNESOTA NA Interest G.O.Improvement Bonds 2005C 2605 617,094 WELLS FARGO BANK MINNESOTA NA Interest G.O.Improvement Bonds 2006A 2607 11,689 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2608 16,596 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2609 91,997 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2612 28,396 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2613 147,595 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2615 10,668 US BANK 2616 2,049 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2617 3,927 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 2618 5,179 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 2619 133,686 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 160112 100 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 160113 140 A TO Z RENTAL CENTER Operating Supplies Tree Removal 160114 457 ACTIVAR Operating Supplies Utility Operations-General 160115 491 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 160116 64 ADOLPH KIEFER Operating Supplies Pool Operations 160117 4,352 ADVANCED ENGINEERING&ENVIRON Other Contracted Services Utility Improvement Fund 160118 2,431 AIR-HYDRAULIC SYSTEMS INC. Equipment Parts Water Treatment Plant 160119 283 AL'S COFFEE Merchandise for Resale Concessions 160120 568 ALLMANN,ANDREW Tuition Reimbursement/School Organizational Services 160121 15 ALTERNATIVE BUSINESS FURNITURE Supplies-Security City Center Operations 160122 50 AMERICAN BRAIN TUMOR ASSOCIATI Accounts Payable Escrow 160123 29 AMERICAN MESSAGING Pager&Cell Phone Water System Maintenance 160124 73 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 160125 583 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 160126 2,001 ARCH WIRELESS Pager&Cell Phone Wireless Communication 160127 49 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 160128 3,293 AVI SYSTEMS INC Video&Photo Supplies Communication Services 160129 522 BAILEY NURSERIES INC Landscape Materials/Supp Park Maintenance 160130 84 BARNES,BELINDA A. Other Contracted Services Volleyball 160131 883 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 160132 225 BCA BTS Tuition Reimbursement/School Police 160133 200 BELL,KEN Refunds Environmental Education 160134 100 BENEKE,RUSS Refunds Environmental Education 160135 68 BERRY COFFEE COMPANY Safety Supplies Senior Center Operations 160136 1,128 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 160137 592 B1FFS INC Waste Disposal Park Maintenance 160138 369 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Park Shelters 160139 14,020 BLOOMINGTON,CITY OF Dues&Subscriptions City Council 160140 675 BOYER TRUCKS Equipment Parts Fleet Services 160141 380 BRAUN INTERTEC CORPORATION Other Contracted Services Utility Operations-General 160142 484 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 160143 227 CANTRILL,HERBERT AR Utility Water Enterprise Fund 160144 43 CARDIAC SCIENCE CORPORATION Operating Supplies Police 160145 3,000 CARTEGRAPH SYSTEMS INC Software Maintenance Information Technology 160146 10,276 CENTERPOINT ENERGY Gas Fire Station#1 160147 3,848 CENTURYTEL Telephone Telephone 160148 315 CHILDREN'S WORLD LEARNING CENT Refunds CDBG-Public Service 160149 174 CINGULAR WIRELESS Pager&Cell Phone Police 160150 174 CLAREYS INC Operating Supplies Den Road Liquor Store 160151 296 COLOR PRINTING Printing Police 160152 330 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 160153 56 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 160154 213 CONNEY SAFETY PRODUCTS Office Supplies Police 160155 190 CONTROL STUFF INC. Software Water Treatment Plant 160156 2,212 CORPORATE EXPRESS Office Supplies Police Check# Amount Vendor/Explanation Account Description Business Unit 160157 9,600 CRYSTEEL TRUCK EQUIPMENT Machinery&Equipment Water Distribution 160158 134 CUB FOODS EDEN PRAIRIE Operating Supplies Police 160159 3,929 CURB MASTERS INC Other Contracted Services Street Maintenance 160160 9,540 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 160161 9,986 DAY DISTRIBUTING Beer Prairie View Liquor Store 160162 2,098 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Center Operations 160163 2,411 DELL Computers Capital Impr./Maint.Fund 160164 32,019 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center 160165 467 DNR Awards Softball 160166 9,924 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 160167 3,375 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 160168 321 EARL F ANDERSEN INC Signs Park Maintenance 160169 4,343 EDEN PRAIRIE APPLIANCE Contract Svcs-Plumbing Police City Center 160170 43 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 160171 215 EHLERS&ASSOCIATES INC Conference Expense Finance 160172 190 ELECTRIC MOTOR REPAIR INC Equipment Parts Water Treatment Plant 160173 7,759 ELECTRIC PUMP Equipment Parts Sewer Liftstation 160174 20,782 ELK RIVER FORD Autos Police 160175 3,491 ENVIRONMENTAL PROCESS INC Building Repair&Maint. Capital Impr./Maint.Fund 160176 2,119 FB LEOPOLD COMPANY INC,THE Equipment Parts Water Treatment Plant 160177 36 FERRELLGAS Lubricants&Additives Fleet Services 160178 17,622 FINAL CHOICE BUILDERS INC Other Contracted Services Rehab 160179 456 FISHER SCIENTIFIC Process Control Equipment Water Treatment Plant 160180 53 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 160181 318 FORCE AMERICA Equipment Parts Fleet Services 160182 128 FREY,LYNDELL Mileage&Parking Athletic Programs Admin 160183 351 FSH COMMUNICATIONS LLC Telephone Miller Park 160184 34 G&K SERVICES Clothing&Uniforms Utility Operations-General 160185 1,316 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 160186 1,361 GE CAPITAL Other Rentals General 160187 757 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services 160188 39 GINA MARIAS INC Operating Supplies Police 160189 2,066 GRAINGER Supplies-General Bldg Community Center Maintenance 160190 1,299 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 160191 16,764 GRIGGS COOPER&CO Liquor Den Road Liquor Store 160192 18,131 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 160193 575 HAWKINS INC Treatment Chemicals Water Treatment Plant 160194 413 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Services 160195 682 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 160196 780 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 160197 1,168 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 160198 3,601 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes General Facilities 160199 376 HENRY,PAUL Other Contracted Services Broomball 160200 4,530 HIGHWAY 55 TRAILER SALES Machinery&Equipment Storm Drainage 160201 25 HOLLISTER,JEFFREY K AR Utility Water Enterprise Fund 160202 986 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Ice Arena Maintenance 160203 20 HORTICULTURE Dues&Subscriptions Park Maintenance 160204 10,828 HYDRO METERING TECHNOLOGY INC Merchandise for Resale Water Metering 160205 4,004 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance 160206 615 ICI DULUX PAINT CTRS Operating Supplies Utility Operations-General 160207 137 IND SCHOOL DIST 272 Transportation Teen Programs 160208 616 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Utility Operations-General 160209 294 INSIGHT PUBLIC SECTOR Software Information Technology 160210 810 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 160211 975 IPSWITCH INC Software Maintenance Information Technology 160212 483 ITL PATCH COMPANY INC Clothing&Uniforms Police 160213 267 ITRON INC. Maintenance Contracts Water Metering 160214 1,209 ITS A KEEPER Office Supplies Fire 160215 567 J H LARSON COMPANY Supplies-Electrical Fire Station#5 160216 169 JANEX INC Cleaning Supplies City Hall-CAM 160217 3,340 JASPER ENGINEERING&EQUIPMENT Process Control Equipment Water Treatment Plant 160218 5,638 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 160219 36,343 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 160220 2,022 KEEPERS Clothing&Uniforms Police 160221 1 KRAEMERS HARDWARE INC Repair&Maint.Supplies Fitness Center Check# Amount Vendor/Explanation Account Description Business Unit 160222 126 KUSTOM SIGNALS INC Equipment Repair&Maint Police 160223 52 LAB SAFETY SUPPLY INC Operating Supplies Utility Operations-General 160224 1,651 LAKE COUNTRY DOOR LLC Equipment Repair&Maint Water Storage 160225 2,500 LASALLE CONSULTING Land Parks Referendum 160226 200 LINEHAN,CHRISTI Refunds Environmental Education 160227 450 MAAO Dues&Subscriptions Assessing 160228 12,609 MARK VII Beer Prairie View Liquor Store 160229 15 MASS Dues&Subscriptions Classes/Programs/Events 160230 28,125 MCF-LINO LAKES Other Contracted Services Street Maintenance 160231 160 MCPA Dues&Subscriptions Police 160232 23 MENARDS Equipment Repair&Maint Traffic Signals 160233 558 METRO SALES INCORPORATED* Office Supplies General 160234 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 160235 47 MGWA Dues&Subscriptions Utility Operations-General 160236 250 MID-STATES ORGANIZED CRIME INF Dues&Subscriptions Police 160237 25 MIDWEST ART FAIRS Advertising Cummins House Special Events 160238 954 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 160239 389 MIDWEST GUTTER&SIDING Other Contracted Services Rehab 160240 25 MINN ASSOC OF CRIMINAL INTELLI Dues&Subscriptions Police 160241 1,144 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 160242 68 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 160243 460 MINNEAPOLIS RIFLE CLUB Dues&Subscriptions Police 160244 228 MINNESOTA CONWAY Operating Supplies Fire 160245 181 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 160246 120 MINNESOTA GFOA Dues&Subscriptions Finance 160247 101 MINNESOTA GLOVE INC Safety Supplies Fleet Services 160248 336 MINNESOTA SAFETY COUNCIL Office Supplies General 160249 1,953 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 160250 1,588 MINNETONKA GLASS&MIRROR Other Contracted Services Rehab 160251 40 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 160252 1,232 MRPA Special Event Fees Volleyball 160253 140 MSSA Dues&Subscriptions Fleet Services 160254 38 MTI DISTRIBUTING INC Equipment Parts Fleet Services 160255 398 NEPM-ASI#279381 Fire Prevention Supplies Fire 160256 1,450 NETWORK INSTRUMENTS LLC Software Information Technology 160257 6,870 NORTH AMERICAN SALT CO Salt Snow&Ice Control 160258 76 NORTHERN TOOL Small Tools Water System Maintenance 160259 5,498 NORTHSHORE ADVISORS LLC Interest Investment Fund 160260 23 O'REILLY AUTO PARTS Equipment Parts Fleet Services 160261 14 OLSEN COMPANIES Repair&Maint.Supplies Sewer Liftstation 160262 320 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 160263 176 OSI BATTERIES INC Office Supplies General 160264 365 PARK NICOLLET CLINIC Other Contracted Services Risk Management 160265 4,315 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 160266 185 PC MALL Other Hardware Information Technology 160267 45 PETSMART Canine Supplies Police 160268 14,440 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 160269 4,260 POLAR ICF LLC WAC-Water Utility Improvement Fund 160270 715 POWER SYSTEMS Equipment Parts Fleet Services 160271 5,407 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Park Shelters 160272 7,444 PRINT SOURCE MINNESOTA Printing Communication Services 160273 284 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 160274 10,064 PRO-TECH SECURITY SALES Office Supplies Police 160275 407 PROP United Way Withheld General Fund 160276 175 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 160277 14,920 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 160278 4,201 QWEST Telephone Telephone 160279 91 REAL GEM Operating Supplies City Council 160280 1,290 RECREONICS Supplies-General Bldg Pool Maintenance 160281 155 REED BUSINESS INFORMATION Advertising Water Treatment Plant 160282 594 RETROFIT RECYCLING INC Waste Disposal City Hall-CAM 160283 260 ROOT 0 MATIC Other Contracted Services Sewer Utility-General 160284 455 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 160285 568 SCHMIDT,MICHAEL Tuition Reimbursement/School Organizational Services 160286 107 SEVENICH,WENDY Operating Supplies Ice Arena Check# Amount Vendor/Explanation Account Description Business Unit 160287 177 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 160288 2,780 SHANNON CHEMICAL CORPORATION Treatment Chemicals Water Treatment Plant 160289 1,089 SHEGGEBY,MICHAEL Tuition Reimbursement/School Organizational Services 160290 55 SHURSON,BOB Mileage&Parking Senior Board 160291 6,500 SIGNCRAFTERS Other Contracted Services Water Storage 160292 227 SNAP-ON TOOLS Small Tools Fleet Services 160293 135 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof Den Bldg.-CAM 160294 458 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 160295 392 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 160296 89 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 160297 11,134 STREICHERS Clothing&Uniforms Police 160298 255 SUBURBAN CHEVROLET Equipment Parts Fleet Services 160299 2,351 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 160300 9,475 SUMMIT ENVIROSOLUTIONS Process Control Services Water Treatment Plant 160301 400 SUSA Dues&Subscriptions Utility Operations-General 160302 117 TAHER INC CATERING Other Contracted Services Organizational Services 160303 22,798 THORPE DISTRIBUTING Beer Den Road Liquor Store 160304 140 TWIN CITY TACTICAL Clothing&Uniforms Police 160305 416 UNIFORMS UNLIMITED Clothing&Uniforms Police 160306 1,066 UNITED RENTALS HIGHWAY TECHNOL Equipment Repair&Maint Traffic Signals 160307 536 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Park Shelters 160308 576 UNITED WAY United Way Withheld General Fund 160309 73 UPS Postage Fire 160310 1,601 US POSTMASTER-HOPKINS Postage Water Accounting 160311 122 USA BLUEBOOK Operating Supplies Utility Operations-General 160312 8,222 VALLEY RICH CO INC Other Contracted Services Sewer Utility-General 160313 264 VERIZON WIRELESS Pager&Cell Phone Police 160314 761 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 160315 155 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#3 160316 1,558 WATSON CO INC,THE Merchandise for Resale Concessions 160317 23 WAYTEK INC Equipment Parts Fleet Services 160318 400 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2005C 160319 30 WETLAND PROFESSIONALS ASSOCIA Dues&Subscriptions Storm Drainage 160320 56 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 160321 4,551 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 160322 1,918 WINTER EQUIPMENT COMPANY Equipment Parts Snow&Ice Control 160323 1,682 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 160324 8,059 YALE MECHANICAL INC Contract Svcs-HVAC Pool Maintenance 160325 18 ZEE MEDICAL SERVICE Office Supplies General 160326 260 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 160327 1,996 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 160328 1,936 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 160329 8,254 ACT ELECTRONICS INC Equipment Repair&Maint Traffic Signals 160330 24,772 AIM ELECTRONICS Other Assets Capital Impr./Maint.Fund 160331 500 AMEM Dues&Subscriptions Fire 160332 177 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 160333 270 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 160334 1,472 ANCHOR PRINTING COMPANY Printing Senior Center Administration 160335 17,985 ANDREW CORPORATION Other Assets Police 160336 172 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 160337 2,709 ARSENAULT ASSOCIATES Software Maintenance Information Technology 160338 123 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Services 160339 3,987 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 160340 1,320 AVI SYSTEMS INC Video&Photo Supplies Communication Services 160341 92 BALDWIN SUPPLY COMPANY Repair&Maint.Supplies Park Maintenance 160342 375 BATES,DON Operating Supplies Community Band 160343 645 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 160344 14,304 BELLBOY CORPORATION Beer Den Road Liquor Store 160345 789 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 160346 268 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 160347 2,472 BOB GILBERTSON Fire Prevention Supplies Fire 160348 400 BRANNAN,CHRISTOPHER J Other Contracted Services Broomball 160349 787 BUCK,NATHAN Other Contracted Services Volleyball 160350 814 C3 VISUALS Training Supplies Fire 160351 80 CAMPOS,LORI Other Contracted Services Outdoor Center Check# Amount Vendor/Explanation Account Description Business Unit 160352 132 COMCAST Dues&Subscriptions City Council 160353 275 CONFERENCE ON CRIMES AGAINST W Tuition Reimbursement/School Police 160354 499 CONTINENTAL SAFETY EQUIPMENT Safety Supplies Park Maintenance 160355 263 CORPORATE EXPRESS Office Supplies General 160356 4,925 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 160357 64 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 160358 6,858 DAY DISTRIBUTING Wine Domestic Den Road Liquor Store 160359 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 160360 222 DEGREE,BETH Travel Expense Parks Administration 160361 33,018 DELL Miscellaneous Information Technology 160362 1,710 DEPARTMENT OF PUBLIC SAFETY Software Information Technology 160363 3,175 DIVERSE BUILDING MAINTENANCE Janitor Service Fire Station#1 160364 546 DOHERTY,SANDRA L Other Contracted Services Volleyball 160365 6,161 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 160366 724 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 160367 790 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 160368 217 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Manager 160369 87 ENSTAD,TERRANCE Mileage&Parking Inspections-Administration 160370 345 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 160371 180 GENERAL PARTS Contract Svcs-Plumbing Garden Room Repairs 160372 843 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 160373 1,310 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 160374 555 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 160375 14,626 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store 160376 325 GROTH MUSIC Operating Supplies Community Band 160377 1,646 GROUP HEALTH INC-WORKSITE Employee Assistance Organizational Services 160378 15,813 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 160379 3,360 HAWKINS INC Treatment Chemicals Water Treatment Plant 160380 129 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Services 160381 176,073 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 160382 5,257 HENNEPIN COUNTY ADMINISTRATOR Miscellaneous Information Technology 160383 1,037 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 160384 292 HENRY,PAUL Other Contracted Services Broomball 160385 110 HERYLA,DANIEL G Other Contracted Services Basketball 160386 884 HOHENSTEINS INC Beer Den Road Liquor Store 160387 63 HOLMES,DAVE Other Contracted Services Basketball 160388 194 HOLMES,JOHN CARTER Other Contracted Services Basketball 160389 173 HOLMES,TOM Other Contracted Services Basketball 160390 3,200 HUSTAD INVESTMENTS Deposits Escrow 160391 25,068 HYDRO METERING TECHNOLOGY INC Merchandise for Resale Water Metering 160392 1,355 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Wells 160393 25 IPMA MINNESOTA Dues&Subscriptions Human Resources 160394 467 J H LARSON COMPANY Supplies-General Bldg Public Works/Parks 160395 16,912 JANEX INC Machinery&Equipment Capital Impr./Maint.Fund 160396 8,954 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 160397 2,000 JOBSINMINNEAPOLIS.COM Employment Advertising Organizational Services 160399 40,616 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 160400 5,252 KENNEDY,ROXANNE Clothing&Uniforms Ice Show 160401 265 LEAGUE OF MINNESOTA CITIES Conference Expense City Council 160402 700 LUSHINE,PEGGY E Other Contracted Services Winter Theatre 160403 208 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 160404 16,345 MARK VII Beer Prairie Village Liquor Store 160405 434 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 160406 984 MCNEILUS STEEL INC Equipment Parts Fleet Services 160407 311 MENARDS Equipment Repair&Maint Park Maintenance 160408 692 METROPOLITAN FORD Equipment Parts Fleet Services 160409 794 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 160410 465 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 160411 550 MINNESOTA CHIEFS OF POLICE ED Tuition Reimbursement/School Police 160412 1,960 MINNESOTA CONSTRUCTION Building Capital Impr./Maint.Fund 160413 30 MINNESOTA GLOVE INC Equipment Parts Fleet Services 160414 3,493 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 160415 121 MINNESOTA UC FUND Unemployment Compensation Organizational Services 160416 680 MINNESOTA WANNER COMPANY Repair&Maint.Supplies Park Maintenance 160417 186 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 160418 89 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 160419 10,539 MOBILE RADIO ENGINEERING INC Other Assets Police 160420 48 MTI DISTRIBUTING INC Equipment Parts Fleet Services 160421 1,058 NCT INC Instructor Service Utility Operations-General 160422 1,148 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 160423 170 O'CONNELL,KATIE Other Revenue General Fund 160424 3,860 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 160425 443 PC MALL Other Hardware Information Technology 160426 399 PENSKE TRUCK LEASING CO LP Other Rentals Elections 160427 1,749 PERSONAL TOUCH TECHNOLOGIES IN Computers Water Treatment Plant 160429 25,469 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 160430 67 POKORNY COMPANY Supplies-Plumbing Community Center Maintenance 160431 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 160432 4,047 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 160433 3,527 PRAIRIE LAWN AND GARDEN Capital Under$2,000 Park Maintenance 160434 1,445 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 160435 153 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 160436 32,369 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 160437 220 REID,DEVIN M Other Contracted Services Basketball 160438 20 RICHFIELD,CITY OF Autos Police 160439 203 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 160440 327 SHRED-IT Waste Disposal City Center Operations 160441 595 SIGNSOURCE Advertising Community Center Admin 160442 350 SOUNDS GREAT Other Contracted Services Special Initiatives 160443 451 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 160444 617 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 160445 6,430 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 160446 17 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 160447 565 STATE CHEMICAL MFG.CO.,THE Cleaning Supplies Utility Operations-General 160448 60 STATE OF MINNESOTA Licenses&Taxes Fleet Services 160449 1,341 STREICHERS Training Supplies Police 160450 1,152 SUN NEWSPAPERS Legal Notices Publishing City Clerk 160451 225 TASER INTERNATIONAL Tuition Reimbursement/School Police 160452 17,030 THORPE DISTRIBUTING Beer Den Road Liquor Store 160453 96 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 160454 100 TRI COUNTY BEVERAGE&SUPPLY Operating Supplies Den Road Liquor Store 160455 414 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 160456 431 U S BANK Paying Agent Utility Improvement Fund 160457 1,000 UNCOMMON GATHERINGS Other Contracted Services Winter Theatre 160458 14 UNIFORMS UNLIMITED Clothing&Uniforms Police 160459 466 WACONIA FARM SUPPLY Small Tools Park Maintenance 160460 5,955 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 160461 89 WERTS,SANDY Mileage&Parking Arts 160462 3,663 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 160463 4,114 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 160464 149 WOOD,CHRIS Operating Supplies Police 160465 1,806 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 160466 5,441 YALE MECHANICAL INC Contract Svcs-HVAC Prairie View Liquor Store 160467 69 ZIEGLER INC Equipment Parts Snow&Ice Control 160468 541 GREENWORKS Deposits Escrow 160469 295 LAKEWEST HOLDING Deposits Escrow 160470 54 RICHFIELD,CITY OF Operating Supplies Fleet Services 160471 18 STATE OF MINNESOTA Operating Supplies Fleet Services 160472 1,005 WOODDALE BLDERS Deposits Escrow 160473 1,428 ZIEMAN,ANDREW Insurance Property Insurance 160478 325 4 WHEEL DRIVE CENTER,THE Equipment Parts Snow&Ice Control 160479 851 4IMPRINT Printing Communication Services 160480 160 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 160481 229 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 160482 10,386 ACTIVE NETWORK INC,THE Software Information Technology 160483 3,064 AIR POWER EQUIPMENT CORPORATIO Machinery&Equipment Fire Station#4 160484 2,712 ALBECK GERKEN INC Design&Engineering Construction Fund 160485 28,712 ALEX AIR APPARATUS INC Machinery&Equipment Fire Station#4 160486 580 ALEXANDRIA TECHNICAL COLLEGE Conference Expense Fire 160487 48 ALL SECURE TECHNOLOGIES Cash Over/Short General Fund Check# Amount Vendor/Explanation Account Description Business Unit 160488 465 ALLIANT ENGINEERING INC Design&Engineering Construction Fund 160489 74 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 160490 2,128 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 160491 2,937 AMWA Dues&Subscriptions Utility Operations-General 160492 1,845 ANCHOR PAPER COMPANY Office Supplies General 160493 400 ANDERSON,BRYAN E Other Contracted Services Broomball 160494 254 ANIMAL CARE EQUIPMENT&SVS Operating Supplies Animal Control 160495 368 AOI ELECTRICAL INC Equipment Parts Fleet Services 160496 90 APPLIED LOCKSMITHING Building Repair&Maint. Prairie Village Liquor Store 160497 77 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 160498 300 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Services 160499 939 ASPEN MILLS Protective Clothing Fire 160500 394 AVI SYSTEMS INC Video&Photo Supplies Communication Services 160501 875 BAYER PHOTOGRAPHY Video&Photo Supplies Communication Services 160502 762 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 160503 9 BENNETT,MARTHA Events/Admission Fee Teen Programs 160504 334 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 160505 12 BISHOP,LAURA Lessons&Classes Ice Arena 160506 1,510 BLOOMINGTON,CITY OF Kennel Services Animal Control 160507 84 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 160508 140 BOGREN,ANN Canine Supplies Police 160509 40 BOLD,PAULINE Instructor Service Outdoor Center 160510 40 BRAGG,ANNALISA Instructor Service Outdoor Center 160511 150 BRANNAN,CHRISTOPHER J Other Contracted Services Broomball 160512 1,229 BRAUER AND ASSOCIATES LTD Improvement Contracts Park Acquisition&Development 160513 14,009 BRENT ANDERSON CONSULTING Repair&Maint.Supplies Water Metering 160514 10,535 BROWN&SAENGER INC Capital Under$2,000 Utility Operations-General 160515 160 CAMPOS,LORI Instructor Service Outdoor Center 160516 36 CARLSON,KAREN Clothing&Uniforms Police 160517 5 CENTER POINTE ENERGY Cash Over/Short General Fund 160518 550 CENTERPOINT ENERGY Gas Miller Park 160520 205 CLAREYS INC Repair&Maint.Supplies Fire 160521 986 CLEARWATER RECREATION Building Materials Staring Lake 160522 187,766 CM CONSTRUCTION COMPANY INC. Building Fire Station#4 160523 1,848 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 160524 140 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 160525 1,000 CONTINUING EDUCATION Tuition Reimbursement/School Police 160526 387 CORPORATE EXPRESS Office Supplies General 160527 150 COSTCO Miscellaneous Internal Events 160528 43 CUB FOODS EDEN PRAIRIE Miscellaneous Internal Events 160529 105 CULLIGAN BOTTLED WATER Operating Supplies Fire 160530 32 CULLIGAN-METRO Other Contracted Services Outdoor Center 160531 453 CUSTOM WATER WORKS Miscellaneous Communication Services 160532 2,457 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 160533 213 D'AMICO AND SONS Miscellaneous City Council 160534 10,037 DAY DISTRIBUTING Beer Prairie View Liquor Store 160535 45 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 160536 102,778 DELANO ERICKSON ARCHITECTS Building Park Acquisition&Development 160537 9,437 DELL Computers Fire Station#4 160538 175 DEMANN,JIM Clothing&Uniforms Police 160539 166 DISPLAY SALES Supplies-General Bldg Public Works/Parks 160540 22,067 DIVERSE BUILDING MAINTENANCE Janitor Service Utility Operations-General 160541 373 DMX MUSIC Other Contracted Services Prairie View Liquor Store 160542 83 DOLLERSCHELL,JOHN Operating Supplies Senior Board 160543 9,770 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 160544 4,755 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 160545 292 EARL F ANDERSEN INC Signs Park Maintenance 160546 2,061 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 160547 511 EF JOHNSON Equipment Parts Wireless Communication 160548 346 EGAN OIL COMPANY Lubricants&Additives Fleet Services 160549 6,249 EHLERS&ASSOCIATES INC Deposits Escrow 160550 11,407 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 160551 10,776 ENGINEERING&CONSTRUCTION INN Improvement Contracts Utility Improvement Fund 160552 75 FBINAA Dues&Subscriptions Police 160553 50 FINE GARDENING Dues&Subscriptions Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 160554 86 FIRE FINDINGS Dues&Subscriptions Fire 160555 1,410 FIRE SAFETY USA INC Safety Supplies Fire 160556 54 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 160557 71 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 160558 259 FRAUENSHUH HOSPITALITY GROUP Other Contracted Services Internal Events 160559 688 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 160560 4,581 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Garden Room Repairs 160561 85 GE CAPITAL Other Rentals General 160563 1,444 GENUINE PARTS COMPANY Equipment Parts Fleet Services 160564 7,864 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA 160565 113 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance 160566 543 GOT SWAT GEAR.COM INC Clothing&Uniforms Police 160567 118 GRAFIX SHOPPE Equipment Repair&Maint Fleet Services 160568 227 GRAINGER Supplies-HVAC City Hall-CAM 160569 884 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 160570 12,858 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 160571 18,691 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 160572 20,974 GREYSTONE CONSTRUCTION COMPANY Building Den Road Building 160573 17,619 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 160574 423 GS DIRECT Operating Supplies Engineering 160575 20,515 HANSEN THORP PELLINEN OLSON Improvements to Land Parks Referendum 160576 15,093 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 160577 483 HENNEPIN COUNTY I/T DEPT Software Information Technology 160578 300 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 160579 350 HENNEPIN COUNTY SHERIFF'S DEPA Deposits Escrow 160580 1,304 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 160581 5,611 HENNEPIN COUNTY TREASURER Board of Prisoner Police 160582 9,804 HENNEPIN COUNTY TREASURER Postage Elections 160583 250 HENRY,PAUL Other Contracted Services Broomball 160584 535 HOHENSTEINS INC Beer Prairie View Liquor Store 160585 188 HOLMES,DAVE Other Contracted Services Basketball 160586 624 HOLMES,TOM Other Contracted Services Basketball 160587 2,447 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Community Center Maintenance 160588 2,500 HOMELINE Refunds CDBG-Public Service 160589 300 IACP Dues&Subscriptions Fire 160590 75 IAFCI Dues&Subscriptions Police 160591 50 IAPE Dues&Subscriptions Police 160592 467 ICI DULUX PAINT CTRS Operating Supplies Utility Operations-General 160593 3,393 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery 160594 580 INSIGHT PUBLIC SECTOR Other Hardware Fire Station#4 160595 248 INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering 160596 75 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 160597 460 INTERNATIONAL CODE COUNCIL Conference Expense Inspections-Administration 160598 810 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 160599 63 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 160600 1,842 JEFFERSON FIRE&SAFETY INC Small Tools Fire 160601 20,133 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 160602 558 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 160604 29,007 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 160605 1,890 KEEPERS Clothing&Uniforms Police 160606 200 KNUDTSON,STEVE Other Contracted Services Broomball 160607 45 KOTTER,DEBORAH Lessons&Classes Fitness Classes 160608 53 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 160609 215 LAW ENFORCEMENT TARGETS,INC Training Supplies Police 160610 938 LEAGUE MN CITIES INS TRUST Insurance WAFTA 160611 150 LEROY JOB TRUCKING INC Kennel Services Animal Control 160612 222 LUGER,MIKE Miscellaneous Internal Events 160613 60 MAGC Dues&Subscriptions Communication Services 160614 11,685 MARK VII Beer Prairie Village Liquor Store 160615 500 MARTIN-MCALLISTER Employment Support Test Fire 160616 38,674 MASYS CORPORATION Software Information Technology 160617 4,889 MCFARLAND CONSTRUCTION COMPANY Other Contracted Services Communication Services 160618 492 MELCHERT HERBERT SJODIN PLLP Legal Legal Council 160619 1,114 MENARDS Operating Supplies Water Distribution 160620 11,821 METRO CITIES Dues&Subscriptions City Council Check# Amount Vendor/Explanation Account Description Business Unit 160621 1,673 METRO FIRE Protective Clothing Fire 160622 500 METRO FIRE OFFICERS ASSN Dues&Subscriptions Fire 160623 5,503 METRO SALES INCORPORATED* Other Assets Utility Operations-General 160624 600 METROPOLITAN AIRPORTS COMMISSI Other Rentals Park Maintenance 160625 178 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 160626 2,760 MICHAUD COOLEY ERICKSON Other Contracted Services Communication Services 160627 2,605 MID-NORTHERN ELECTRIC Repair&Maint.Supplies Park Maintenance 160628 3,180 MIDWAY INDUSTRIAL SUPPLY CO IN Machinery&Equipment Fire Station#4 160629 350 MIDWEST TAPE&RIBBON INC Advertising Prairie Village Liquor Store 160630 63 MILLARD,CHRIS Clothing&Uniforms Police 160631 1,144 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 160632 25 MINNESOTA CHAPTER IAAI Dues&Subscriptions Fire 160633 310 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 160634 27 MINNESOTA CONWAY Operating Supplies Fire 160635 500 MINNESOTA DEPARTMENT OF NATURA Licenses,Permits,Taxes Construction Fund 160636 40 MINNESOTA DEPT OF AGRICULTURE Licenses&Taxes Park Maintenance 160637 20 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant 160638 195 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 160639 238 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance 160640 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing 160641 2,580 MINNESOTA SAFETY SERVICES LLC Recreation Supplies Pool Lessons 160642 45,833 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 160644 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 160645 158 MOTOROLA Equipment Repair&Maint Wireless Communication 160646 46 MPCA Licenses&Taxes Sewer Utility-General 160647 8 MRPA Conference Expense Recreation Administration 160648 611 MTI DISTRIBUTING INC Equipment Parts Fleet Services 160649 3,000 NAS RECRUITMENT COMMUNICATIONS Other Contracted Services Organizational Services 160650 4,130 NATIONAL LEAGUE OF CITIES Dues&Subscriptions City Council 160651 167 NUCO2 INC Chemicals Pool Maintenance 160652 33,259 OLD NATIONAL BANK LEASING Principal Fire 160653 174 OLSON,ROBERT Tuition Reimbursement/School Police 160654 229 OLYMPIC POOLS Conference Expense Pool Maintenance 160655 67 OTTEN,DAN Mileage&Parking Inspections-Administration 160656 53 PARKER,WARD Operating Supplies Fire 160657 60 PAT KERNS WINE MERCHANTS Wine Imported Den Road Liquor Store 160658 4,551 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 160659 63 PC MALL Other Hardware Information Technology 160660 83,837 PEARSON BROTHERS INC Seal Coating Street Maintenance 160661 951 PEPSI COLA COMPANY Merchandise for Resale Concessions 160662 39 PERRIN-SMITH,SOPHIA Lessons&Classes Pool Lessons 160663 12,249 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 160664 344 PITNEY BOWES INC Postage General 160665 15 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 160666 7,684 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 160667 153 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 160668 437 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 160669 20 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 160670 217 PROP United Way Withheld General Fund 160671 300 PRSA Dues&Subscriptions Communication Services 160672 278 PUBLIC EMPLOYEES RETIREMENT AS Pension payment-PERA Health and Benefits 160673 112 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 160674 18,371 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 160675 2,678 QWEST Telephone Water Distribution 160676 100 RABIOLA,JACKIE Refunds Environmental Education 160677 500 RAY,LEE Other Contracted Services Basketball 160678 572 REED BUSINESS INFORMATION Advertising Parks Referendum 160679 27 RIDGEVIEW MEDICAL CENTER Office Supplies General 160680 1,625 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 160681 7,812 ROLLNRACK LLC Safety Supplies Fire 160682 16 RYLEE,TANYA Program Fee Preschool Events 160683 43 SCHMITZ,THOMAS Training Supplies Fire 160684 106 SCHOWALTER,TRACEY Operating Supplies Police 160685 52 SCHULTZ,SUSAN Lessons&Classes Oak Point Lessons 160686 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 160687 3,370 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service 160688 120 SEVENICH,WENDY Video&Photo Supplies Community Center Admin 160689 93 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 160690 33,436 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006 160691 81 SHRED-IT Waste Disposal City Center Operations 160692 99 SKILLPATH SEMINARS Conference Expense Recreation Administration 160693 75 SNAP-ON TOOLS Small Tools Fleet Services 160694 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 160695 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery 160696 5,566 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 160697 1,932 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store 160698 2,907 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store 160699 2,588 SPRINT Wireless Subscription Information Technology 160700 1,008 SPS COMPANIES Supplies-Plumbing Community Center Maintenance 160701 19,360 SRF CONSULTING GROUP INC Other Contracted Services Guide Plan 160702 95 SSPC Dues&Subscriptions Utility Operations-General 160703 9,476 ST CROIX ENVIRONMENTAL INC Other Contracted Services Infiltration/Inflow Study 160704 310 ST.LOUIS PARK,CITY OF Conference Expense Park Maintenance 160705 22 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 160706 55 STEVENS ENGINEERS Building Capital Impr./Maint.Fund 160708 2,817 STREICHERS Equipment Parts Fleet Services 160709 67 STRONER,ELIZABETH Operating Supplies Senior Center Operations 160710 268 SUN NEWSPAPERS Legal Notices Publishing City Clerk 160711 4,800 TAHER INC CATERING Miscellaneous City Manager 160712 125 TANK RENU/RADIATOR WEST Equipment Repair&Maint Fleet Services 160713 6,418 TESSCO Small Tools Wireless Communication 160714 19,226 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 160715 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 160716 457 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 160717 396 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 160718 1,818 TUSHIE MONTGOMERY ARCHITECTS Building Den Road Building 160719 517 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM 160720 362 TWIN CITY OXYGEN CO Equipment Parts Fleet Services 160721 1,005 UNIFORMS UNLIMITED Clothing&Uniforms Police 160722 180 UNITED WAY United Way Withheld General Fund 160723 51 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 160724 643 VIDEOTRONIX INC Equipment Repair&Maint Wireless Communication 160725 851 WACONIA FARM SUPPLY Capital Under$2,000 Park Maintenance 160726 4,100 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 160727 50 WALMART COMMUNITY Merchandise for Resale Concessions 160728 1,070 WATSON CO INC,THE Merchandise for Resale Concessions 160729 400 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2006A 160730 9,311 WENCK ASSOCIATES INC Deposits Escrow 160731 2,000 WHITE,KEVIN Tuition Reimbursement/School Organizational Services 160732 394 WIGLEY AND ASSOCIATES Software Information Technology 160733 2,568 WINE MERCHANTS INC Liquor Prairie View Liquor Store 160734 1,089 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 160735 56 WORM,SANDY Operating Supplies Park Maintenance 160736 113,904 XCEL ENERGY Electric Forest Hills Park 160737 6,651 YALE MECHANICAL INC Building Capital Impr./Maint.Fund 160738 1,065 ZIEGLER INC Equipment Parts Snow&Ice Control 160739 752 CASPER,AARON A Other Revenue General Fund 160740 15 MINNESOTA STATE UNIV.MANKATO Special Event Fees Youth Programs Administration 160741 55 MINNESOTA STATE UNIV.MANKATO Tuition Reimbursement/School Police 160742 18 RICHFIELD,CITY OF Autos Police 160743 3,649 CARDMEMBER SERVICE Operating Supplies Police 160744 100 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 160745 91 CENTERPOINT ENERGY Gas Water Wells 160746 48,151 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 160747 92 CINGULAR WIRELESS Pager&Cell Phone Water Distribution 160748 1,772 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 160749 49,860 HONEYWELL INDUSTRY SOLUTIONS Maintenance Contracts Water Treatment Plant 160750 396 MENARDS Repair&Maint.Supplies Water Wells 160751 50 NCITE Conference Expense Engineering 160752 243 NORTHERN TOOL Small Tools Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 160753 52 PEDERSON,DIANE Events/Admission Fee Ice Show 160754 733 PETTY CASH Mileage&Parking Water Distribution 160755 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 160756 125 QWEST Telephone Water Distribution 160757 200 SCOTT COUNTY Deposits Escrow 160758 120 UNITED RENTALS HIGHWAY TECHNOL Conference Expense Engineering 160759 75 UNIVERSITY OF MINNESOTA Conference Expense Engineering 160760 100 VERIZON WIRELESS Pager&Cell Phone Storm Drainage 4,947,141 Grand Total US Bank Purchasing Cards Wire # 2614-2615 Payment Date 01/22/07 Amount Supplier Account Description Business Unit 3,675.04 DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,205.00 SPECIAL OPERATIONS TRAINING AS Tuition Reimbursement/School Police 624.04 ATLANTIS CASINO RESORT Conference Expense City Manager 612.74 DEPT OF LABOR& INDUSTRY Mechanical Surcharge General Fund 444.73 S&S WORLDWIDE Operating Supplies Youth Programs Administration 372.25 FRANKLIN COVEY CO. Tuition Reimbursement/School Police 335.00 MINNESOTA WILD Special Event Fees Special Events&Trips 289.23 DEPT OF LABOR& INDUSTRY Plumbing Surcharge General Fund 247.64 BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Council 224.50 MARINE CORP EX Tuition Reimbursement/School Police 170.76 CABLEORGANIZER.COM Other Hardware Information Technology 149.00 EXERCISE ETC INC Training Supplies Fitness Classes 115.20 RENO-SPARKS CAB CO Travel Expense City Manager 110.10 DAVANNI'S PIZZA Operating Supplies Teen Programs 102.61 DAVANNI'S PIZZA Training Supplies Organizational Services 88.75 COMFORT INN Tuition Reimbursement/School Police 81.00 HOLIDAY INNS EXPRESS Tuition Reimbursement/School Police 80.00 NATIONAL RECREATION AND PARK A Dues&Subscriptions Parks Administration 80.00 GFOA Conference Expense General Fund 71.46 BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Manager 67.75 ORIENTAL TRADING Operating Supplies City Manager 64.00 MPLS-ST PAUL INT'L AIRPORT Conference Expense City Manager 63.00 CELEBRATION CHURCH Special Event Fees Red Hat 61.21 LAKESHORE LEARNING MATERIALS Operating Supplies Red Hat 61.12 LAKESHORE LEARNING MATERIALS Operating Supplies Red Hat 58.04 BAKERS SQUARE Operating Supplies Recreation Administration 31.94 TARGET Operating Supplies Red Hat 29.68 PARTY AMERICA Other Contracted Services Organizational Services 24.77 OLD CHICAGO RESTAURANT Miscellaneous City Council 21.35 AMOCO OIL COMPANY Tuition Reimbursement/School Police 20.04 NEW BEIJING CHINESE RESTAURANT Miscellaneous City Manager 19.06 COMMODORE PERRY Tuition ReimbursemenUSchool Police 17.76 SUNOCO SVC STATION Tuition Reimbursement/School Police 15.42 MARATHON OIL Tuition Reimbursement/School Police 13.15 EDEN PRAIRIE PO Equipment Repair&Maint Fitness Center 11.05 RAINBOW FOODS INC. Employee Award Organizational Services 9.95 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 10,668.34 CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.A. Community Development/Planning Bent Creek Rezoning Janet Jeremiah Requested Action Move to: • Approve 2nd Reading of the Ordinance for rezoning from Rural to GC-Golf Course on 105.8 acres Synopsis This is second reading of the ordinance rezoning the Bent Creek Golf Course from Rural to GC- Golf Course. Attachments Ordinance for Zoning District Change Summary Ordinance BENT CREEK GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2007 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 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the GC-Golf Course District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 6th day of February, 2007, 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 6th day of February, 2007. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A— Legal Description Outlot B Edenvale 2nd Addition Outlot E Edenvale 2nd Addition Outlot H Edenvale 2nd Addition Outlot A Fairway Woods 2nd Addition Outlot B Fairway Woods 3rd Addition Outlot C Fairway Woods 3rd Addition Outlot I Edenvale 2nd Addition except that part thereof lying westerly of a curve concave to the west having a radius of 185 ft. Said curve beginning at a point on the westerly line of said Outlot I, a distance of 73.98 ft southerly from the northwest corner of said Outlot I and passing through a point on said westerly line a distance of 215.37 ft southerly from said northwest corner. BENT CREEK GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 3-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land from Rural to GC-Golf Course Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.B. Community Development/Planning Olympic Hills Golf Course Janet Jeremiah Rezoning Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 169. 1 acres , from RM-6.5 to GC-Golf Course on 1.6 acres, and from R1-13.5 to GC-Golf Course on .52 acre Synopsis This is second reading of the ordinance rezoning the Olympic Hills Golf Course from Rural, Rm- 6.5 and R1-13.5 to GC-Golf Course. Attachments Ordinance for Zoning District Change Summary Ordinance OLYMPIC HILLS GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 4-2007 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 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural, RM-6.5 and R1-13.5 Districts and be placed in the GC-Golf Course District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural, RM-6.5 and R1-13.5 Districts and shall be included hereafter in the GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 6th day of February, 2007, 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 6th day of February, 2007. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A — Legal Description for Olympic Hills Rural to GC-Golf Course Outlot A Olympic Hills 7th Addition. Outlot B Olympic Hills 6th Addition. Outlot C Olympic Hills 6th Addition. That part of Government Lot 1 lying west of Olympic Hills 1st Addition and lying northeasterly of Olympic Hills 7th Addition. That part of accretions of Government Lot 1 lying northerly of Olympic Hills 7th Addition. That part of Government Lot 10 lying westerly of Olympic Hills 1st and 2nd Additions and lying northerly and easterly of Olympic Hills 7th Addition including accretions. Lot 5 Block 1 Mount Curve Addition; also that part of Government Lots 1 and 2 and accretions thereto in Section 25 T116 R22 and the south %2 of the NW Corner of said Section 25 described as beginning at the NW corner of said Government Lot 2; thence southerly along the west line thereof to most northerly corner of Olympic Hills 5th addition; thence southeasterly to most easterly corner thereof; thence southwesterly long southeasterly line of said addition to northerly line of County Road No.1;thence southeasterly along said road line to most westerly corner of Olympic Hills 4th Addition; thence northeasterly along northwesterly line thereof to most northerly corner thereof; thence southeasterly and southerly along easterly line of said addition to south line of said northwest 1/4; thence easterly along said south line to southwest corner of Olympic Hills 3rd Addition; thence northerly northeasterly northwesterly northeasterly southeasterly easterly northwesterly and northerly along the boundary lines of said addition to northwest corner of Lot 2 Block 4 said Olympic Hills 3rd Addition; thence northerly along the west line of Bonner and Waters 1st Addition and Mount Curve Addition to south line of Olympic Hills Highland said west line drawn part with and distance 463.5 ft westerly of east line of said Government Lot 1; thence westerly along said south line of Olympic Hills Highland to southeast corner of Olympic Hills 7th Addition; thence northwesterly along southwesterly line of said addition to point of beginning subject to road. RM-6.5 to GC-Golf Course Outlot A Olympic Hills 1st Addition. Outlot B Olympic Hills 7th Addition. Outlot C Olympic Hills 1st Addition. Lot 2 Block 1 Olympic Hills Highland Addition. R1-13.5 to GC-Golf Course Outlot C Olympic Hills 7th Addition. Outlot D Olympic Hills 7th Addition. Lot 12 Block 2 Olympic Hills 7th Addition. Lot 13 Block 2 Olympic Hills 7th Addition. That part of Lot 10 lying northeasterly of a line described as beginning at a point on the north line thereof distance 80 ft west of northeast corner said lot 10 thence southeasterly to a point on east line thereof a distance of 26.00 feet south of the NE corner of said Lot 10 and there terminating. OLYMPIC HILLS GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 4-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land from Rural, RM-6.5 and R1-13.5 to GC-Golf Course Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.C. Community Development/Planning Bearpath Golf Course Rezoning Janet Jeremiah Requested Action Move to: • Approve 2nd Reading of the Ordinance for rezoning from Rural to GC-Golf Course on 198.04 acres Synopsis This is second reading of the ordinance rezoning the Bearpath Golf Course from Rural to GC- Golf Course. Attachments Ordinance for Zoning District Change Summary Ordinance BEARPATH GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-2007 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 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the GC-Golf Course District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 6th day of February, 2007, 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 6th day of February, 2007. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A—Legal Description (Bearpath) page 1 of 2 Lot 1, Block 1, Bearpath Addition Outlot B Bearpath Addition Outlot C Bearpath Addition except part platted as Breckenridge 2nd Addition Outlot G Bearpath Addition Outlot H Bearpath Addition Outlot H Bearpath Addition except part platted as Bearpath Trail Addition Outlot B, Bearpath 2nd Addition Outlot B, Bearpath 3rd Addition Outlot D, Bearpath 3rd Addition Outlot H Bearpath 3rd Addition Outlot J Bearpath 3rd Addition Outlot K Bearpath 3rd Addition Outlot L, Bearpath 3rd Addition Outlot N Bearpath 3rd Addition Outlot 0, Bearpath 3rd Addition Outlot P,Bearpath 3rd Addition Outlot Q, Bearpath 3rd Addition Outlot R, Bearpath 3rd Addition Outlot S, Bearpath 3rd Addition Outlot U, Bearpath 3rd Addition Outlot T, Bearpath 3rd Addition Outlot V, Bearpath 3rd Addition Outlot W, Bearpath 3rd Addition Outlot X, Bearpath 3rd Addition Outlot Z, Bearthpath 3rd Addition Outlot A, Bearpath 5th Addition Outlot B, Bearpath 5th Addition Outlot C Bearpath 5th Addition Lot 1, Block 2, Breckenridge 2nd Addition That part of the Outlot V described as beginning at the northeast corner of Lot 1 Block 14 Bearpath Addition; thence south 19 degrees 01 minute 16 seconds west along easterly line of said Lot 1 a distance of 198.20 feet to southeast corner of said Lot 1; thence north 89 degrees 21 minutes 02 seconds west along southerly line of said Lot 1 a distance 92 feet to southwest corner of said Lot 1; thence south 58 degrees 24 minutes 18 seconds east 107 feet thence south 12 degrees 49 minutes 35 seconds west 86.20 feet; thence south 77 degrees 10 minutes 25 seconds east 70.18 feet; thence south 44 degrees 39 minutes 58 seconds west 486.19 feet; thence south 01 degrees 05 minutes 34 seconds west 135 feet; thence south 67 degrees 52 seconds east 421.13 feet; thence north 21 degrees 19 minutes 53 seconds east 252.01 feet; thence north 82 degrees 09 minutes 28 seconds east 340.79 feet; thence north 15 degrees 40 minutes 14 seconds west 599.08 feet to southerly line of Outlot CC Bearpath Addition; thence northwesterly 185.50 feet along southerly line of Outlot CC being a non-tangential curve concave to northeast having a radius of 305 feet a central angle of 34 degree 50 minutes 51 seconds and a cord which bears north 71 EXHIBIT A—Legal Description (Bearpath) page 2 of 2 degrees 25 minutes 51 seconds west thence northwesterly 140.84 feet continue along the southerly line of said Outlot CC being a reverse curve concave to the south west having a radius of 554.41 feet and a central angle of 14 degrees 33 minutes 17 seconds to the point of beginning Outlot V except that part description as beginning at northeast corner of Lot 1 Block 14 Bearpath Addition; thence south 19 degrees 01 minute 16 seconds west along easterly line of said lot distance 198.20 feet to southeast corner of said Lot 1 thence; north 89 degrees 21 minutes 02 seconds west along southerly line of said Lot 1 distance 92 feet to southwest corner of said Lot 1; thence south 58 degrees 24 minutes 18 seconds east 107 feet; thence 12 degrees 49 minutes 35 seconds west 86.20 feet; thence south 77 degrees 10 minutes 25 seconds east 70.18 feet; thence south 44 degrees 39 minutes 58 seconds west 486.19 feet; thence south 01 degrees 08 minutes 34 seconds west 135 feet; thence south 67 degrees 52 seconds east 421.13 feet; thence north 21 degrees 19 minutes 53 seconds east 252.01 feet; thence north 82 degrees 09 minutes 28 seconds east 340.79 feet; thence north 15 degrees 40 minutes 14 seconds west 599.08 feet to southerly line of Outlot CC Bearpath Addition; thence northwesterly 185.50 feet along southerly line of Outlot CC being a non tangential curve concave to north east having a radius of 305 feet a central angle of 34 degrees 50 minutes 51 seconds and a chord which bears north 71 degrees 25 minutes 51 seconds west thence northwesterly 140.84 feet continue along the southerly line of said Outlot CC being a reverse curve concave to the south west having a radius of 554.41 feet and a central angle of 14 degrees 33 minutes 17 seconds to point of beginning also except part platted as Bearpath Trail Addition and Breckenridge Second Addition BEARPATH GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 5-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land from Rural to GC-Golf Course Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: February 6, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.D. Community Development/Planning Glen Lake Golf Course Rezoning Janet Jeremiah Requested Action Move to: • Approve 2nd Reading of the Ordinance for rezoning from Public to GC-Golf Course on 50.69 acres Synopsis This is second reading of the ordinance rezoning the Glen Lake Golf Course from Public to GC- Golf Course. Attachments Ordinance for Zoning District Change Summary Ordinance GLEN LAKE GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-2007 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 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Public District and be placed in the GC-Golf Course District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public District and shall be included hereafter in the GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 6th day of February, 2007, 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 6th day of February, 2007. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A—Legal Description (Glen Lake) That part of northeast '/4 of Section 4 T 116 R 22 lying westerly of Indian Chief Road and lying northerly of following description line beginning at a point in center line of said road distance 1000 feet south from north line of northeast '/4 as measured at right angles to said north line thence westerly to west line of northeast % along a line that passes thru a point on west line of northeast % of northeast % distance 1000 feet south of northwest corner thereof except road. GLEN LAKE GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land from Public to GC-Golf Course Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) MISSION STATEMENT: VOLUNTEER CITIZEN BUDGET TASK FORCE PURPOSE: Act in an advisory capacity to the Eden Prairie City Council in connection with city budget proposals for years 2008 and 2009 and thereafter. ROLES AND RESPONSIBILITIES : A. The volunteer citizen budget task force shall be guided in part by the existing city of Eden Prairie comprehensive plan update, Chapter 2 , entitled "Vision, Goals and Policies" which recites in relevant part : "2 . 1 Vision 2001 : A strategic direction vision statement . * * * We will balance competing needs/interests within the framework of community resources . We will make decisions that are fiscally sound and sustainable " (emphasis supplied) B. The citizen budget task force shall assist the City Council with its open budget process for the years 2008-2009, and thereafter by: 1 (1) reviewing the overall policy direction prepared and communicated by the City Council to the City Manager and departments; (2) interacting with the City Manager, staff and departments with the goal of learning the budgetary needs of the various departments including police, fire, utilities, parks and recreation; (3) obtaining budget drafts, documents, and other related budget information from the City Manager and departments to the extent necessary to make intermittent expected budget- related recommendations to the City Council; (4) attending City Council meetings, workshops, open forums, and other events related to budget considerations; (5) reviewing intermittent proposed budgets prepared by city staff with the view of eliminating unnecessary expenditures, proposing needed or innovative spending priorities, and recommending helpful reforms to the budget process that will aid the City Council in making fiscally sound budget decisions . (6) meeting often enough to discuss and prepare written task force findings and recommendations for City Council 2 consideration and review. (7) participating in the city budget making process as an independent body subject only to the requirements set forth in this mission statement or special requests made by the City Council; (8) making recommendations directly to the City Council after each draft of a proposed budget prepared by the Eden Prairie city staff. The budget process may involve the submission of four proposed budget drafts prepared by the city staff for review and consideration by the City Council in 2007 and subsequent years The volunteer citizen budget task force shall be provided enough time to interact with city staff and departments after each of the contemplated four drafts by city staff to make independent budget task force recommendations directly to the City Council . The task force may present written findings and recommendations directly to the City Council and may also participate in person at workshops, or any other scheduled budget-related forums . Participation by members of the task force includes presenting budget-related recommendations to the City Council that take into consideration: (1) goals (2) resources (3) needs, and (4) priorities . 3 MEMBERSHIP: Five (5) to seven (7) members-at-large appointed by the City Council . A solicitation process for community volunteers shall include public notice seeking the submission of applications by interested Eden Prairie residents . CHAIR AND VICE-CHAIR: Annually appointed by the City Council . MEETING FREQUENCY: Monthly as agreed by upon by task force members until completion of budget considerations for the years 2008-2009. Proposed draft by council member Jon Duckstad Dated: February 1, 2007 4 CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.3. Scott Neal, City Manager 2007 State and Federal Legislative Agenda Requested Action Move to: Approve the Municipal Legislative Commission's 2007 legislative program and the City Manager's proposed 2007 federal legislative agenda. Synopsis For Councilmembers and City staff to effectively participate in the legislative policy making process, it is necessary to have the support of the City Council. At the January 16 Council Workshop, the Council received a presentation from representatives of the Municipal Legislative Commission (MLC) concerning the MLC's 2007 legislative program. In anticipation of policy making advocacy opportunities at the federal level, I have prepared a proposed legislative agenda that describes eight areas of federal policy where I believe the City has an interest and an ability to help shape a legislative outcome that would align with our municipal interests. If approved, this motion will authorize Councilmembers and staff to move forward with participation in the legislative policy making process in support of these two 2007 legislative programs. Attachments MLC Legislative Agenda Federal Legislative Agenda Key MLC Legislative Initiatives 1. Enhance the circuit breaker program with additional tax relief funding • Allows property tax relief to be targeted to individuals 2. Adequate level of transportation funding for cities and counties • Need to increase the Highway Trust Fund 3. Local control and accountability(MLC opposes levy limits) • Decision making at the city level is highly visible and local officials are accountable to their voters 4. Full reimbursement of MVHC in 2007 and acceleration of payments to March and September (currently received in October and December) • Restore equity for tax payers, regardless of city of residence, for the MVHC program Office of the City Manager I Memorandum #2007-001 DATE: January 31, 2007 TO: Mayor and City Council FROM: Scott H. Neal, City Manager RE: Proposed 2007 City of Eden Prairie Federal Legislative Program The following list of eight policy issues and positions are provided to the City Council to seek your general approval for Councilmembers and staff to use as a basis for legislative advocacy activities with our elected federal legislators. If approved, Council and staff attending the upcoming NLC legislative trip to Washington DC in March will focus on these subjects during our discussions with our elected officials. 1. LRT Funding—The City Council has expressed support for the extension of light rail transit operations from Minneapolis to Eden Prairie. The extension of LRT services is largely dependent on federal funding. The City Council authorizes Councilmembers and staff to seek federal support for funding efforts for this project. 2. Airport Funding—The City Council supports the plans of the Metropolitan Airports Commission to improve the buildings, infrastructure and facilities at Flying Cloud Airport. The City Council authorizes Councilmembers and staff to seek federal support to advance the MAC's improvement plans at Flying Cloud. 3. Highway Funding—The City Council supports plans developed by the Minnesota Department of Transportation to improve the intersection of I-494 & Hwy 169 and to extend improvements of T.H. 212 west of their current projected end in Carver County. The Council authorizes Councilmembers and staff to seek federal support of additional funding for the extension of T.H. 212 west from Carver County. 4. WAFTA - The City of Eden Prairie, along with ten other area cities, is a member of the Western Area Fire Training Association (WAFTA). The WAFTA site is environmentally contaminated. The WAFTA group has recently determined the scope and source of the contamination. The WAFTA group is now seeking funding from the federal government to fund the clean-up of the contamination at the site. The Council authorizes Councilmembers and staff to seek federal financial support for the environmental clean-up of the WAFTA site. 5. CATV Franchising Authority—Cities are granted authority by the FCC to regulate cable television providers through the authority to grant and manage franchises. The convergence of telecommunications technologies has caused some to challenge the right of cities to regulate cable television providers through franchise agreements. The City Council desires to continue its authority to regulate cable television providers in Eden Prairie. The Council authorizes Councilmembers and staff to seek federal support for the continuation of the current municipal cable television franchising powers. 6. Homeland Security Funding—Cities have taken on increased security burdens as part of the overall national reaction to the terrorist attacks of September 11, 2001. It is important for the federal government to recognize the essential governmental partnership that is necessary to effectively protect our citizens from terrorism. The Council authorizes Councilmembers and staff to seek federal support for a greater level of federal financial support for federally mandated security programs and activities; and to maintain federal funding of general pre- and post-disaster emergency management programs. 7. Public Safety Spectrum Needs—Increased concentration of ownership of wireless spectrum licenses, particularly for mobile telephones, radio, and television, threatens the future availability of radio spectrum necessary to serve the communications needs of public safety services. Cities across the country are working together to ensure that adequate radio spectrum exists in the future not only for expansions of existing radio systems, but also to accommodate new public safety needs as well. The Council authorizes Councilmembers and staff to encourage the Federal Communications Commission (FCC) to protect existing radio spectrum for public safety needs and to reserve sufficient radio spectrum for future public safety needs. 8. Access to the Minnesota River Valley—The Minnesota River Valley comprises approximately 20% of the total land area of the City of Eden Prairie. Yet, citizens have little public access to the natural beauty of the river valley. The City Council believes Eden Prairie citizens ought to have a more direct access to the public land in the river valley. The Council authorizes Councilmembers and staff to work with federal and state agencies and officials in order to assist the City in creating greater access for citizens to the public land in the Minnesota River Valley. 9. Community Development Block Grant Program—The City of Eden Prairie is a direct recipient of the federal government's Community Development Block Grant (CDBG) program. The City uses CDBG funds to financially support programs and projects in the community that would otherwise go unfunded. The Council authorizes Councilmembers and staff to encourage the federal government to continue its current CDBG program at its current funding levels and rules. ### CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Stuart Fox, Parks and Natural Edenvale, Forest Hills, Prairie View Park Resources Manager Reconstruction Bids Requested Action Move to: Award the bid for reconstruction of Edenvale, Forest Hills, and Prairie View Parks to Quiring Trucking and Excavating in the amount of$785,795.58. Synopsis The City of Eden Prairie advertised for the reconstruction of Edenvale, Forest Hills, and Prairie View Parks as part of the recently passed park referendum commitments. Plans and specifications were prepared utilizing HTPO consulting services and the City received nineteen bids from prospective contractors. The scope of the work is to redo these three parks in a manner to reconstruct the park grades, layout of game field facilities as well as two new parking lots and prepare all of these parks for park building pads. The funds for this project came from the 2005 Park Bond Referendum. The bids that were received are for the site work only and the bids for the three park shelters will be received under a separate bidding package. The summary of the park reconstruction bids is as follows. 1. Quiring Trucking and Excavating $785,795.48 2. Enebak Construction Company $864,401.76 3. Minger Construction $949,759.40 4. Veit& Company $968,644.65 5. Imperial Developers $974,866.05 6. S.M. Hentges & Sons $987,548.50 7. Friedges Contracting Co. $1,019,275.71 8. Ramsey Excavating $1,022,694.45 9. Doboszenski & Sons Excavating $1,054,325.05 10. Max Steininger, Inc. $1,068,074.30 11. Northdale Construction $1,101,095.73 12. Sumram Construction $1,114,026.55 13. Kusske Construction $1,149,924.00 14. Visser Scraper Service $1,112,781.27 15. Midwest Asphalt $1,181,171.35 16. Fratalone Companies $1,220,232.25 17. Rachel Companies $1,233,255.00 18. Three Rivers Companies $1,307,991.28 19. C.S. McCrossen Construction $1,368,777.35 Edenvale, Forest Hills, Prairie View Park Reconstruction Bids February 6, 2007 Page 2 The engineer estimate for the project was $1,173,949. Each of the submitters has met the guidelines as detailed in the bid specifications and staff recommends the bid award go to Quiring Trucking and Excavating in the amount of$785,795.58. According to the timetable laid out in the bid package, the construction of Edenvale Park will proceed sometime in May and the reconstruction of Forest Hills and Prairie View parks will begin after school is out for the summer. Completion of the grading of these three parks is expected to be done in time for fall seeding and the use of the turf facilities will not be available until summer of 2008. CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director February 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Stuart Fox, Parks and Natural Edenvale, Forest Hills, Prairie View Park Resources Manager Shelter Building Bids Requested Action Move to: Award the bid for construction of Edenvale, Forest Hills, and Prairie View Parks shelter buildings to Rochon Corporation in the amount of$674,990. Synopsis The City of Eden Prairie advertised for the construction of new shelter buildings at Edenvale, Forest Hills, and Prairie View Parks as part of the recently passed park referendum commitments. Plans and specifications were prepared utilizing Delano Erickson Architects and the City received 18 bids from prospective contractors. The scope of the work is to build three park shelter buildings to replace the 25 year old temporary structure at Edenvale Park as well as the buildings at Prairie View and Forest Hills Park that were destroyed by arson fires in the past two years. The shelter design is the "standard"park building that has been used for the past three neighborhood park projects. The funding for this project comes from the 2005 Park Bond Referendum. The bids that were received are for the shelter building and rink lighting and the bids for the park regarding was received under a separate bidding package. The summary of the Shelter Building bids is as follows. 1. Rochon Corporation $674,990 2. Lund Martin Construction $681,250 3. Construction Results $690,971 4. American Liberty $694,400 5. Greystone Construction $708,213 6. Ebert Construction $723,300 7. Cannon Construction $724,310 8. Jorgenson Construction, Inc. $731,000 9. Gen Con Construction $734,000 10. Arkay Construction Company $745,000 11. McFarland Construction $753,000 12. Met Con Construction $780,000 13. Brico Construction $836,299 14. Frerichs Construction $843,000 15. GA Construction $851,000 16. Cottonwood Construction $851,839 17. Klinglehutz Construction $899,210 18. Prestige Buildings of MN $946,000 Edenvale, Forest Hills, Prairie View Park Shelter Building Bids February 6, 2007 Page 2 The architect's estimate for the project was $900,000. There were three deduct items for the project, skate tile, wall benches and painting. Each of the submitters has met the guidelines as detailed in the bid specifications and staff recommends the bid award go to Rochon Corporation in the amount of $674,990 without any of the deduct items, since the bids came in well under the project estimate. According to the timetable laid out in the bid package, the construction of park building will begin after the park grading work is complete and they are scheduled to be opened in December 2007 for the 2007 - 08 skating season.