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HomeMy WebLinkAboutCity Council - 03/20/2007 AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, MARCH 20, 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, Senior Planner Scott Kipp, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters The Budget Advisory Commission Interviews will be held at 4:30 p.m. in HR IV. I The Workshop will begin promptly at 5:00 p.m. in HR II. Box lunches will be served during the workshop presentation. Heritage Room II I. COMMUNITY CENTER BIDS Council Chamber II. OPEN FORUM A. John Mallo III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 20, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members 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 Jan Curielli I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION IN SUPPORT OF MISS MINNESOTA V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY,MARCH 6, 2007 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 6, 2007 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FIRST AMENDMENT TO THE DEVELOPER'S AGREEMENT GRANTING A ONE-YEAR EXTENSION TO THE UNITED HEALTH GROUP PUD DEVELOPMENT AGREEMENT C. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF SINGLETREE LANE IMPROVEMENTS, I.C. 07-5690 D. APPROVE LICENSE FOR PROPOSED WATERMAIN CROSSING ON VALLEY VIEW ROAD AT NINE MILE CREEK, I.C. 02-5586 E. ADOPT RESOLUTION PROHIBITING PARKING ON VALLEY VIEW ROAD FROM FLYING CLOUD DRIVE TO GOLDEN TRIANGLE DRIVE, I.C. 02-5586 CITY COUNCIL AGENDA March 20, 2007 Page 2 F. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR PAVEMENT EVALUATION SERVICES FROM GOODPOINTE TECHNOLOGY G. APPROVE HOUSING SERVICES AGREEMENT,MASTER LINE OF CREDIT AGREEMENT,AND CREDIT DRAW AGREEMENT WITH WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST (WHAHLT) H. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT CARMEL PARK TO EARL F. ANDERSON,INC. I. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT RUSTIC HILLS PARK TO WEBBER RECREATIONAL DESIGN,INC. J. RECEIVE THE FLYING CLOUD AIRPORT ADVISORY COMMISSION 2006 ANNUAL REPORT AND APPROVE 2007 WORK PLAN K. APPROVE SECOND AMENDMENT TO THE THIRD RESTATED JOINT POWERS AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND SOUTHWEST TRANSIT VIII. PUBLIC HEARINGS/MEETINGS A. DISCRETIONARY ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE HENNEPIN VILLAGE ROADWAY ALTERNATIVES ANALYSIS,I.C. 06-5688 IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 5.36 RELATING TO LICENSING OF SOLID, RECYCLABLE AND/OR YARD WASTE COLLECTORS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HELICOPTER NOISE COMPLAINTS AT FLYING CLOUD AIRPORT XIII. APPOINTMENTS A. BUDGET ADVISORY COMMISSION B. CHAIR AND VICE CHAIR OF BUDGET ADVISORY COMMISSION C. BOARD OF APPEAL & EQUALIZATION D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION CITY COUNCIL AGENDA March 20, 2007 Page 3 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution in Support of a High Speed Minnesota Broadband Policy 2. Community Technology Task Force C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Bids for the Eden Prairie Community Center Expansion, Third Rink,Round Lake Park Baseball Field Relocation and Birch Island Park Improvements E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, Ms.Alla Ilushka is a resident of Eden Prairie; and WHEREAS, Ms. Ilushka will represent the state of Minnesota in the Miss USA Pageant in Los Angeles, California, on March 23, 2007. NOW, THEREFORE, BE IT PROCLAIMED THAT: The Mayor and City Council of the City of Eden Prairie, Minnesota, extend their best wishes to Ms. Ilushka in her capacity as a representative of the city of Eden Prairie and the state of Minnesota as Minnesota's entrant in the 2007 Miss USA Pageant. ADOPTED by the Eden Prairie City Council on this 20th day of March 2007. IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie. Phil Young, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Kathy Nelson Jon Duckstad ITEM NO.: VI.A. UNAPPROVED MINUTES JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, MARCH 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 PLANNING COMMISSION: Chair Ray Stoelting; Commissioners John Kirk, Vicki Koenig, Peter Rocheford, Jon Stoltz, and Frank Powell 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, Senior Planner Scott Kipp, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. GUIDE PLAN UPDATE Monique MacKenzie of SRF gave a PowerPoint presentation on the Comprehensive Guide Plan update. She gave an overview of work completed to date, including: • Eight Planning Commission workshops • A Demographic study • Review of the land use and housing chapters • Review of growth projections • An public open house • Web site postings • A housing focus group • An initial meeting with Met Council staff Mackenzie reviewed key demographic trends. The new forecast anticipates a population of up to 77,431 by 2030. The housing focus group developed a number of recommendations, including: • New housing in MCA and GTA should include a mix of housing types • Monitor and preserve existing affordable housing • Provide a range of senior housing to address a wide range of needs • Design housing with walking access to services • Creation of Workforce housing City Council Workshop Minutes March 6,2007—page 2 Mackenzie said the Met Council indicated it is positive for the City to plan for focused growth in the Town Center and Golden Triangle, clustered next to open space corridors and LRT service. Mackenzie said the Planning Commission has identified the MCA and GTA as the two primary areas for land use change. There are no significant land use change recommendations outside of the MCA and GTA. MCA recommendations include: • Creation of a compact, walkable Town Center with mixed land use and higher density residential neighborhoods (7-10 stories) • Increased commercial in the Town Center GTA recommendations include: • Continuation of the current pattern of industrial, research and development, and office-tech uses • Higher density residential development within 1/2 mile of proposed future LRT station • A moderate amount of new office development(due to concerns about traffic congestion) Transportation recommendations include: • Targeted improvements to expand road capacity and make needed connections • Expanded roadway and transit infrastructure in the GTA and MCA • Incorporation of new biking and walking facilities to improve connections and access to the existing trail system Housing recommendations include: • Supporting existing single family neighborhoods as they age and residents change preferences • New housing located with access to parks, services and transit, to meet"maintenance free" lifestyle choices • Preservation of existing affordable housing stock and increase of owner-occupied affordable housing Mackenzie reviewed upcoming steps in the process, and asked for input from the Council and Planning Commission members on the recommendations. Mayor Young asked for input on the concept of adding multi-family housing,particularly buildings up to 10 stories. Councilmember Butcher said past Councils did not want the population to increase drastically; however, Butcher said with the prospect of light rail and redevelopment in the GTA and MCA, higher densities seem reasonable. Councilmember Nelson said that, based on the design of the buildings, she would like to see the Presbyterian Homes site take advantage of its prime location, which could in turn drive an entertainment component for the area. Planning Commission member Peter Rocheford said he thinks height is the way to go. He said you can fit more in with a greater value when you add height. Aho said it will be important to ensure good mixed modes of transportation are City Council Workshop Minutes March 6,2007—page 3 available to support these developments. He said there are very good examples of this kind of development with attractive buildings in Edina and Bloomington. Koenig said she would not want to see the height of buildings overwhelm the Purgatory Creek Recreation Area open space. Nelson said support of mixed-use among the public is dependent on the inclusion of details such as awnings, tree, flowers, etc. Planning Commission member Frank Powell raised a concern about whether or not the GTA and MCA will accommodate senior housing. He advocated evaluating senior housing options in other areas as well. Council Chamber II. OPEN FORUM No one was scheduled to speak at Open Forum. III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 6, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members 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 Jan Nelson Curielli I. ROLL CALL /CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 p.m. Parks & Recreation Director Bob Lambert and City Planner Michael Franzen were absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. COMMUNITY SURVEY RESULTS City Manager Neal introduced Bill Morris with Decision Resources, professional consultants in the area of public opinion analysis. Mr. Morris presented a brief review of the 2006 Community Survey/2007 Quality of Life Study results. Morris reported the ratings were outstanding and among the highest in the metro area. Neal noted there will be a full presentation of the results at a future planning session. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said he will have several announcements under Report of City Manager. Young added two items under Report of Council Members. City Attorney Rosow said he has an update regarding sign litigation under Report of City Attorney. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY, FEBRUARY 20, 2007 MOTION: Nelson moved, seconded by Duckstad, to approve the minutes of the City Council Workshop held Tuesday, February 20, 2007, as published. Motion carried 5-0. CITY COUNCIL MINUTES March 6,2007 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 20, 2007 MOTION: Butcher moved, seconded by Aho, to approve the minutes of the City Council Meeting held Tuesday, February 20, 2007, as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WHISPERING RIDGE. Request for: 2nd Reading of Ordinance 10-2007 for Zoning District Change from R1-22 to R1-13.5 on 3.78 acres. Location: 16440, 16480, 16500 Hilltop Road(Ordinance 10-2007 for Zoning District Change) C. AWARD BID FOR RECONSTRUCTION OF TENNIS AND BASKETBALL COURT AT EDEN VALLEY PARK TO NORTHWEST ASPHALT CORP. D. AWARD BID FOR RECONSTRUCTION OF THE TENNIS AND BASKETBALL COURT AT RUSTIC HILLS PARK TO NORTHWEST ASPHALT CORPORATION E. AUTHORIZE AN AGREEMENT WITH HENNEPIN COUNTY FOR EDEN PRAIRIE TO CONTINUE PARTICIPATION IN THE WETLAND HEALTH EVALUATION PROJECT, I.C. 03-5602 F. APPROVE PROPOSAL FROM MINNESOTA NATIVE LANDSCAPING FOR VEGETATION MANAGEMENT FOR WETLAND MITIGATION SITES AT THE GLENSHIRE OUTLOT AND WATER TREATMENT PLANT FOR 2007 AND 2008, I.C. 98-5467 G. AWARD CONTRACT FOR 2007 STREET SWEEPING TO RELIAKOR SERVICES INC., I.C. 07-5692 H. APPROVE PROFESSIONAL SERVICES AMENDMENT WITH SEH INC. FOR INFLOW/INFILTRATION STUDY I. RECEIVE 2006 ANNUAL REPORT AND APPROVE 2007 WORK PLAN FOR THE CONSERVATION COMMISSION J. ADOPT RESOLUTION 2007-39 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR RECONSTRUCTION OF VALLEY VIEW ROAD (FROM FLYING CLOUD DR. TO GOLDEN TRIANGLE DR.) I.C. 02-5586 K. RESOLUTION 2007-40 CALLING FOR A PUBLIC HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIF) HOUSING DISTRICT FOR PRESBYTERIAN HOMES REDEVELOPMENT PROJECT CITY COUNCIL MINUTES March 6,2007 Page 3 MOTION: Duckstad moved, seconded by Nelson, to approve Items A-K of the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. ASSOCIATED BANK Request for: Zoning District Change from Rural to Commercial Regional Service on 1.25 acres and Site Plan Review on 1.25 acres. Location: SE corner of Valley View Road and Prairie Center Drive. (Ordinance for Zoning District Change) Neal said there is a letter before the Council from Garry Dietrich, Senior Vice President of Associated Banc-Corp, asking to withdraw their site plan and building plan review for the site located at the intersections of Valley View Road and Prairie Center Drive. There is no longer a need for a public hearing on this item. B. STARING LAKE BUSINESS CENTER Request for: Planned Unit Development Concept Review on 19.3 acres, Planned Unit District Review with waivers on 19.3 acres, Zoning District Amendment in the I-2 Zoning District on 19.3 acres, Site Plan Review on 19.3 acres and Preliminary Plat of 19.3 acres into two lots. Location: US Highway 212 & County Highway 1. (Resolution 2007-41 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution 2007-42 for Preliminary Plat) Neal said the official notice of this public hearing was published in the February 22, 2007, Eden Prairie Sun Current and sent to 21 property owners. This project is two industrial buildings totaling 150,216 square feet with waivers for allowable office use and setback. It is an amendment to an approved agreement and plans called the Flying Cloud Business Center. The approved plan was for two buildings totaling 172,111 square feet. Community Development Director Jeremiah said the Planning Commission voted 7-0 to recommend approval of the project at the February 12, 2007 meeting. She said there are three waivers for the project, including two for parking setback in order to provide additional right of way on Pioneer Trail. Ryan Edstrom, a civil engineer from Westwood Professional Services, said he was available to answer questions about the project. There were no comments from the audience. MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing, to adopt Resolution 2007-41 for Planned Unit Development Concept Review on 19.3 acres, to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning Amendment in the I-2 Zoning district on 19.3 acres, to adopt Resolution 2007-42 for Preliminary Plat on 19.3 acres into 2 lots, and to direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations. Motion carried 5-0. CITY COUNCIL MINUTES March 6,2007 Page 4 IX. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Nelson, to approve the Payment of Claims. The motion was approved on a roll call vote,with Aho,Butcher,Duckstad, Nelson and Young voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. 2007 CITY COMMISSION APPOINTMENTS Neal said this item is to confirm the 2007 City Council appointments to City advisory commissions. The Council held interviews on Tuesday, February 27, 2007, and selected 15 candidates for Commission appointments. He noted there were no positions available this year on the Flying Cloud Airport Advisory Commission and the Council will examine additional applicants for the Budget Advisory Commission. Terms are scheduled to begin on April 1, 2007. MOTION: Aho moved, seconded by Duckstad, to appoint to the City Commissions as follows: Arts & Culture Commission: Steve Mosow and Heather Olson—terms to expire 03/31/2010, and Kelly Brandon—term to expire 03/31/2008; Conservation Commission: Laura Jester—term to expire 03/31/2010; Heritage Preservation Commission: Betsy Adams, Richard Akerlund, and Mark McPherson—terms to expire 03/31/2010; Human Rights and Diversity Commission: Daniel Abraira and Pamela Spera— terms to expire 03/31/2010; Parks, Recreation & Natural Resources Commission: Tom Bierman, Jeff Gerst, and Joan Oko—terms to expire 03/31/2010; Planning Commission: Peter Rocheford and Kevin Schultz—terms to expire 03/31/2010, and Fred Seymour—term to expire 03/31/2009. Motion carried 5-0. B. 2007 APPOINTMENTS OF CHAIRS AND VICE CHAIRS TO CITY COMMISSIONS MOTION: Butcher moved, seconded by Duckstad, to appoint Chairs and Vice Chairs to the City Commissions as follows: Anne Rorem- Chair and Heather Olson -Vice Chair of the Arts and Culture Commission; Eapen Chacko - Chair and David Seymour- Vice Chair of the Conservation Commission; Richard King - Chair and Jeffrey Larsen-Vice Chair of the Flying Cloud Airport Advisory Commission; CITY COUNCIL MINUTES March 6,2007 Page 5 Betsy Adams - Chair and Ann Higgins -Vice Chair of the Heritage Preservation Commission; Cari Maguire - Chair and Mellisa Barra-Vice Chair of the Human Rights and Diversity Commission; John Brill - Chair and Geri Napuck- Vice Chair of the Parks, Recreation and Natural Resources Commission; Ray Stoelting - Chair and Jon Stoltz - Vice Chair of the Planning Commission Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Recognize Eapen Chacko Young said he wanted to recognize Mr. Chacko, Chair of the Conservation Commission, who is in attendance at tonight's meeting. He said the City recently received a letter from Congressman Ramstad commending Mr. Chacko and the Conservation Commission for their recent initiative on the Project Green Fleet proposal to the School Board. 2. Scheduling Young said it was his hope to complete the appointments to the Budget Advisory Commission by the next Council meeting. He asked Neal if we have received any more applications and, if so, can those can be processed before the next meeting. Neal replied we have received two more since last Tuesday night. He suggested Staff could process those two applications and the Council could meet at 5:00 PM on March 20th to interview them. He noted there were four applicants at last Tuesday's meeting, two of whom were interviewed at that time and two who will need to be interviewed. Butcher said she knows of one more who is just submitting an application. Neal said we have not put a hard deadline on applicants for the new commission. Young thought it would be good for Council Members to meet with the individuals if possible before the next meeting. Aho said he would agree if he could get a copy of the information prior to the meeting. The other Council Members concurred. Neal said he would get it on the applicants' calendars. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES March 6,2007 Page 6 1. Reschedule Planning Session Neal said he would like to reschedule the Planning Session that was cancelled last Thursday. He said he will poll the Council Members by phone regarding dates available for the rescheduled session. 2. Recognition by Twin Cities Area Labor Management Council Neal said the City of Eden Prairie has been recognized by the Twin Cities Area Labor Management Council for 15 years of having an active Labor Management Council (Local 49 in the Public Works, Parks and Utilities areas.) 3. Next Council Workshop Neal noted the Council will review the bid packages for the Community Center at the next Workshop meeting. He said the Parks Commission will hold a special meeting on Monday, March 19, to review the packages. He said we hope to have Council review and approval completed, at least on the major components of the package, at the next meeting. 4. Technology Task Force Neal said Staff will be presenting a proposal at the next meeting for a Technology Task Force. He said we have been discussing this process regarding the communications infrastructure within the City for some time. He said Staff has studied the process used quite successfully by Eagan in which they joined with businesses in the City to review the infrastructure, determine what they needed to have, and then propose how to get it. He said Staff will be proposing something similar at the March 20th meeting. 5. Use of"Councilmember" or "Council Member" Neal said he sent an email to Council Members today regarding their preference as to use of one word, "Councilmember," or two words "Council Member." He asked if Council Members had any input. Butcher thought there was more formality with the separation of the words and both words capitalized, and she preferred that form. The other Council Members concurred. 6. Citizen Advisory Commissions Neal said this matter started last year at his performance review with a goal to establish a new protocol for the relationship between the City Council and its citizen advisory commissions. CITY COUNCIL MINUTES March 6,2007 Page 7 Neal said Staff has developed a proposal to implement that goal,based on discussions with Council Members and feedback from the Boards and Commissions. He reviewed the proposal which includes the following four major points: • Set up a standing presentation for each commission on the Council meeting agenda; • Establish a regular practice for the Council to consider the City's needs and to formally assign defined policy development tasks to commissions; • Establish a standard practice for each Commission to develop an annual Work Plan that describes their plans and goals for the year based on commission, staff and Council input and to have the plan reviewed and approved by the Council; • Set up meetings of the Mayor, City Manager, all commission chairs and staff liaisons once or twice a year to discuss policies, procedures,progress, ideas, etc. Nelson said she liked the idea very much. She would like to have the commission Work Plans addressed as separate Agenda items rather than just listed as items on the Consent Calendar. She thought that would bring more public focus onto the work done by the commissions. The other Council Members agreed. Aho thought it was important to have more formalized contact with the commissions, so he was very much in favor of the proposal. Duckstad agreed, noting we are fortunate to have wonderful citizen advisory commissions. Butcher thought this would also be a way to show our appreciation for the commissions and the hard work they do. They are very much a part of the good government process we follow in the City. MOTION: Duckstad moved, seconded by Butcher, to approve the new City Council-Citizen Advisory Commission Protocol as outlined in the March 6, 2007, Report of City Manager memo of March 6, 2007. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES March 6,2007 Page 8 H. REPORT OF CITY ATTORNEY 1. Update on Sign Litigation Rosow said the Minnetonka City Attorney sent out a copy of the District Court's order today that granted a temporary restraining order against the injunction regarding LED signs displayed in daytime but that did not grant an injunction regarding LED signs that displayed at night. He noted this is an issue that continues to unfold that we will continue to monitor. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Butcher, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 7:50 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 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. Amendment to Liquor License 2AM Closing Permit-Renewal TGI Friday's of MN Inc DBA: T.G.I. Friday's 2006 Renewal Licenses Solid Waste Collector Alpha Container Services and Recycling Blackowiak& Son Roll-off Services - Mound, MN - 1 - CITY COUNCIL AGENDA DATE: March 20, 2007 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Development/Planning Extension of Developer's Janet Jeremiah Agreement-UnitedHealth Group Scott A. Kipp PUD Requested Action Move to: • Adopt the Resolution approving a First Amendment to Developer's Agreement granting a one-year extension to the United Health Group PUD Development Agreement Synopsis United Healthcare Services, Inc. requested a five year extension of the Developer's Agreement to April 30, 2012. In discussions with the United Health Group regarding the dedication and location of right-of-way for Light Rail Transit it became obvious that it was not possible to reach agreement prior to the expiration of the five (5) year exemption provided in the Developer's Agreement from amendments to the City's comprehensive guide plan and zoning. City Staff recommends a one year extension with a requirement that United Health Group participate in good faith discussion with the City on the dedication and location of the LRT right-of-way. Background United Healthcare Services, Inc. received City Council approval of a Comprehensive Guide Plan Change from Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-Public on 10 acres, and Medium Density Residential to Office on 5 acres, Planned Unit Development Concept Review on 72 acres, and Alternative Urban Areawide Review(AUAR) on 72 acres on April 9, 2002. The concept plans depict 1,131,700 square feet of office, 331 apartment units, 125 room hotel with restaurant, and 25,000 square feet of retail. A condition of the Developer's Agreement states "in recognition of the size, scope, and complexity of this project and further in recognition that this project will be built over a period of many years, and that the Developer indicates that construction will not be immediately initiated, and in fact, may take several years to initiate construction, for a period of five (5) years from the date hereof no amendment to the City's comprehensive plan or official controls shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the City as set forth in this Agreement. If Developer fails to proceed in accordance with this Agreement within five (5) years of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Guide Plan Change or PUD approved in connection with this Agreement, thus restoring the status of the Property before the Developer's Agreement and all approvals listed above were approved." In discussions with the United Health Group regarding the dedication and location of right-of- way for Light Rail Transit it became obvious that it was not possible to reach agreement prior to the expiration of the five (5) year exemption provided in the Developer's Agreement from amendments to the City's comprehensive guide plan and zoning. City Staff recommends a one year extension with a requirement that United Health Group participate in good faith discussion with the City on the dedication and location of the LRT right-of-way. The amendment also provides for discussion on the acquisition of a portion of the Property for a transit station and associated parking. In addition during the one year extension the City shall in good faith discuss with the State of Minnesota the vacation of excess highway right-of-way adjacent to the Property between Shady Oak Road and I-494. Staff recommends granting the extension. Attachments 1. Letter from UnitedHealth Group, dated February 8, 2007 2. Letter from CresaPartners, dated February 26, 2007 3. First Amendment to Developer's Agreement 4. Resolution 514 UnitedHealth Group° UnitedHealth Group 9900 Bren Road East MN006-E305 M nnetonEka MN 55343 February 8, 2007 Mr. Michael Franzen City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Developer's Agreement City of Eden Prairie and United Healthcare Services Inc Dated April 9, 2002 Dear Mike: United Healthcare Services, Inc and the City of Eden Prairie entered into a Developer's Agreement dated April 9, 2002, This Developer's Agreement will expire on April 9, 2007. United Healthcare Services, Inc. would like to extend the Developer's Agreement term to April 30, 2012 pursuant to Paragraph IV of Exhibit C. Please accept this letter as United Healthcare Services, Inc. request to extend the term of the agreement with the City of Eden Prairie. If you have any questions, please feel free to contact Dennis Spalla at 952-936-3653. Thank you. Sincerely, i✓ - Dennis J. Spalla Director, Real Estate Services CresaPartners CORPORATE REAL ESTATE SERVICE ADVISORS Atlanta February 26, 2007 Austin Atlanta Austin Bellevue Mike Franzen Bethesda Btrrningham City Planner Boston City of Eden Prairie Calgary 8080 Mitchell Rd. •Charlotte Eden Prairie, MN 55344 Chicago Cincinnati Re: UnitedHealth Group PUD Dallas Denver Dear Mike, Detroit Houston Thanks for meeting with Ann and me on Thursday of last week to discuss the renewal of the `°°<,n°"olis Developer's Agreement for the UnitedHealth Group PUD. After a good lengthy discussion, I think Kansas City we've captured the important issues for both parties.The following is UHG's proposal on how to Los Angeles Memphisproceed. Miami Minneapolis Due to significant past, present and future capital expenditures, the long term nature of the Montreal development itself, and the appropriate proposed use of the property, UHG strongly desires a five Morristown year renewal of the existing agreement with an amendment as discussed. Nashville Flew York We understand that the City has two major concerns regarding the renewal. First, the Develpoment Orange County Agreement doesn't address the potential LRT. Second, it precludes any changes the City(or other ottavra governing bodies) may desire to implement in the"rules and regulations"for development in the Palo Alto future. Paramus Philadelphia With respect to the LRT, we propose adding a paragraph to the agreement that would address UHG's Phoenix Pittsburgh current thoughts on the topic.This would be In three parts-the alignment itself, the proposed stop, Portland and the amount, location, etc. of the parking for the stop. Our preliminary opinion of the three items, Princeton per the current proposed route C to be attached as an exhibit, is that the alignment is acceptable, as Sacramento is the stop. There are many issues associated with the parking such as cost, impact on current PUD San Francisco design, and practical operational issues which need to be considered,so It is premature to pass San dose judgment on that. Seattle Stamford With respect to potential changes in"rules and regulations", our primary concern is preserving the St. Louis density and uses. We understand that there may be changes in wetland regulations,etc. and can live Toronto with changing the specific language to reflect each of our concerns. If you concur with this in Tucson ' Tysons Corner general, we be happy to draft the specific revisions necessary in paragraph 4 of Exhibit C of the agreement vancouver wakhis,gto r DC .Ati r ea l 80 South Eighth Street, Suite 850 a Minneapolis, Minnesota 55402 tel 612.337.8498 11 fax 612.337.8459 : www.cresapartners.com CresaPartners CORPORATE REAL ESTATE SERVICE ADVISORS I think that captures the important issues Ann and I discussed with you. Please feel free to call and discuss with us if you'd like before sharing this with others. However,we both know that time is of essence to renew the agreement before it expires on March 315L.Therefore, we must have this letter agreement(amendment) finalized and agreed to by March 13th for approval by the Council on March 20th. Mike,thanks to you and the rest of the staff for your cooperation and assistance in this matter. The matter is of prime importance to UHG. UHG looks forward to a continual mutual benefit from and growth in our relationship with the City of Eden Prairie. Sincerely, William C.Tobin FIRST AMENDMENT TO DEVELOPER'S AGREEMENT UNITED HEALTH GROUP PUD THIS FIRST AMENDMENT TO DEVELOP'S AGREEMENT,made and entered into as of March 20,2007,by UNITED HEALTHCARE SERVICES,INC.,a Minnesota corporation,its successors and assigns, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the parties desire to amend the Developer's Agreement between UNITED HEALTHCARE SERVICES, INC, and the CITY OF EDEN PRAIRIE, dated April 9, 2002 (hereinafter the"Developer's Agreement)legally described in Exhibit A,attached hereto and made a part hereof, and depicted as the "Amended Area" in the Plans, and made a part hereof; NOW THEREFORE, Developer and City agree as follows: 1. The five year time period set forth in Exhibit C, paragraph IV of the Developer's Agreement is extended for an additional one year period to April 9, 2008, the additional one year period being referred to hereinafter as the "Extended Period"). 2. During the Extended Period, Developer shall participate in good faith discussions with City as to the location, design and future dedication of right of way for Light Rail Transit through the Property (LRT-ROW). It is presently contemplated that the location of the LTR-ROW shall be in the location depicted on Exhibit B hereto unless the parties agree to a different location. Further Developer shall enter into good faith discussions with the City as to the location, design and future sale and/or lease of such portions of the Property potentially necessary for a transit station and associated parking. 3. City agrees that during the one year extension period it shall in good faith discuss with the State of Minnesota the vacation of excess highway right-of-way adjacent to the Property between Shady Oak Road and I-494. 4. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of"Developer" under the Development Agreement except as inconsistent with or amended by this First Amendment. IN WITNESS WHEREOF,the parties to this First Amendment have caused these presents to be executed as of the day and year aforesaid. UNITED HEALTHCARE SERVICES, INC. CITY OF EDEN PRAIRIE By By Its Phil Young Its Mayor By Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2007, by Phil Young and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007,by , the , of United Health Care Services, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A Project Name Legal Description: EXHIBIT B [PROPOSED LRT RIGHT-OF-WAY] CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING FIRST AMENDMENT TO DEVELOPER'S AGREEMENT FOR UNITED HEALTHCARE SERVICES, INC. GRANTING EXTENSION TO THE DEVELOPER'S AGREEMENT WHEREAS, United Healthcare Services, Inc has received City Council approval for United Health Group PUD for Guide Plan Change from Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-Public on 10 acres, and Medium Density Residential to Office on 5 acres, Planned Unit Development Concept Review on 72 acres, and Alternative Urban Areawide Review (AUAR) on 72 acres as more fully described in a Development Agreement dated April 9, 2002; and WHEREAS, a condition of said Development Agreement is set forth in paragraph IV of Exhibit C states "In recognition of the size, scope, and complexity of this project and further in recognition that this project will be built over a period of many years, and that the Developer indicates that construction will not be immediately initiated, and in fact, may take several years to initiate construction, for a period of five (5) years from the date hereof no amendment to the City's comprehensive plan or official controls shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the City as set forth in this Agreement. If Developer fails to proceed in accordance with this Agreement within five (5) years of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Guide Plan Change or PUD approved in connection with this Agreement, thus restoring the status of the Property before the Developer's Agreement and all approvals listed above were approved." and WHEREAS,the sixty(60)month will expire on April 9,2007; and WHEREAS, Developer has not proceeded with the Agreement and has requested approval of an amendment and extension of the condition set forth in paragraph IV of Exhibit C to the Developer's Agreement until April 9,2012; and WHEREAS the City Council has reviewed said amendment and extension requests at its March 20,2006; meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby approves the First Amendment to the Developer's Agreement extending the time period referred to in paragraph IV of Exhibit C to March 20, 2008, subject to the terms of the First Amendment. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March 2007. Phil Young,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5690 ITEM NO.: VII.C. Jim Richardson Resolution Authorizing Acquisition of Public Works/Engineering Easements for Singletree Lane Road Improvements Requested Action Move to: Adopt resolution authorizing the City Engineer and City Attorney to pursue acquisition of easements for the construction of Singletree Lane Improvements. Synopsis This process is necessary to obtain easements from MTF Eden Prairie LTD Partnership and Kinder Care Learning Center. Background Information The City Council entered into a Professional Services Agreement with SRF in December of 2006. The improvements to Singletree Lane between Highway 212 and Eden Road have been identified as necessary improvements in conjunction with the proposed Windsor Plaza and Bobby and Steve's Auto World Developments. In order to accurately define the right-of-way needs and to meet a potentially aggressive construction schedule, staff recommends proceeding with the design work in advance of the development approvals. The project costs are the responsibility of Windsor Plaza/Bobby and Steve's Auto World, MnDOT and the City. Attachments • Resolution • Exhibit showing the affected properties CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR SINGLETREE LANE ROAD IMPROVEMENTS I.C. #07-5690 WHEREAS, the Eden Prairie City Council previously entered into a Professional Services Agreement with SRF Consulting Group for Singletree Lane improvements (I.C. 07-5690); and WHEREAS, an easement 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 easements, by negotiation or condemnation, on the following property: Parcel 14-116-22-13-0037 and 14-116-22-13-0038 ADOPTED by the Eden Prairie City Council on March 20, 2007. 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R.P.._.. 0•.90 :" "--.•%, ( �Xs CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5586 ITEM NO.: VII.D. Rod Rue Approve License for Watermain Public Works/Engineering Crossing Protected Waters—Valley View Road at Nine Mile Creek Requested Action Move to: Approve License for proposed watermain crossing on Valley View Road at Nine Mile Creek. Synopsis The purpose of this DNR license is for construction, maintenance and operation of a proposed 12" watermain under Nine Mile Creek on Valley View Road. This proposed 12" trunk watermain is part of the Valley View Road reconstruction project (from Flying Cloud Drive to Golden Triangle Drive). The license fee is $293.00 for a term of 50 years. Background Information The Valley View Road reconstruction project will upgrade the existing rural two-lane roadway to a new urban two-lane section with a new creek crossing at Nine Mile Creek. The project will include a new trail section linking two current trail ends, as well as provide a missing section of trunk watermain. Attachments • DNR License with cover letter �P4` " , Minnesota Department of Natural Resources y " Division of Lands and Minerals m 1200 Warner Rd , A , o�Q St.Paul,MN 55106 ��y PHONE: (651) 772-7942 °FNATURP� FAX: (651) 772-7977 February 21,2007 Rod Rue City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: License#144-065-6579 Legal Description SE 1%NW'A,Sec 12,T116N,R22W Hennepin County Company Project No#: N.A. Dear Licensee: Enclosed are three copies of the above license for execution by your company. The amended application is not included in this mailing but will be made a part of the license when completed. The license is for a 50-year period commencing on February 15,2007 at an additional advance rental of$293.00 which is payable upon return of this license. The DNR requires that you comply with certain construction procedures. Any deviation from the project is NOT authorized. As identified on your application,the crossing method is that of a NOT LOW impact watermain being open trenched under a culvert under Nine Mile Creek. Please n • 10B,marker spheres of overhead lines.The type of marker sphere directed by the Regional Operations Supervise ' ' fli ht diverter.Licensee is directed to install bird flight diverters every 10 meters along the top line direct y a ted water for the length of the crossing. 11-131 c-cent and Marking of Lines: A. In over rc s• ss of public waters, lines shall have a minimum clearance of 25 feet above _ extreme high water, u therwise approved by the Regional Operations Supervisor. B. As directed by the Regional Oper ' u ervisor, marker spheres shall be placed on overhead utility lines directly above the prose ater. C. Any cable or conduit located at a shoreline shall be su ' l buried at the shoreline so as to prevent its becoming exposed during droughts or winter dra wns. D. As directed by the Regional Operations Supervisor, underwater crossings be marked by permanent signs on the banks at points where the line enters and leaves t protected water. • ifs re:3_,,-�� provision )O g R---- v vorc2 t iJ ill/MS Sc3e. . KA-kteeN. _Cl;kvkji- PIA)5/ - —D-5.O7 f(,‹ License#144-065-6579 Page 2 Per Provision#15 A-G,Licensee must prepare,reseed,and mulch disturbed areas with native plant species. Erosion and sediment control measures shall be installed prior to construction and maintained by the applicant until vegetation is reestablished: Provision#15F-All disturbed areas shall be stabilized as soon as possible following construction. Topsoil shall be used to re-dress disturbed soil areas,and indigenous plant species should be used,whenever possible,to revegetate disturbed areas. This revegetation should occur as early in the season as possible to permit adequate regrowth. Provision#15F requires that indigenous(native)plant species be used. The Minnesota Department of—.---- Transportation(Mn/DOT) Seeding Manual outlines acceptable mixes according to type,purpose and maintenance requirements. The website is: www.dot.state.mn.us/environment. Click on"Erosion Control"then"Seed Mixes/Turf Establishment". Please have the license forms signed by the proper officials of the company. Return all the license forms to this office for execution by the State. Within two or three weeks,one license form complete with application and attachments will be sent to you for your files. When you return the completed forms,please enclose the additional payment of$293.00 made payable to the Department of Natural Resources. Payment is for the term of the license. If you have any questions,please contact me at(651)772 7591. MN DNR,Division of Lands and Minerals 1200 Warner Road St.Paul,MN 55106 (651)772-7591. Enclosed cc: Corps of Engineers Regional File An Equal Opportunity Employer Who Values Diversity • DNR Information: 651-296-6157 1-888-646-6367 TTY: 651-296-5484 1-800-657-3929 MINNESOTA DEPARTMENT LICENSE NUMBER#144-065-6579 OF NATURAL RESOURCES APPLY NUMBER 79257 TRN 525 LS 09 COMPANY PROJECT NO:N.A. LICENSE FOR UTILITY TO CROSS PROTECTED WATERS This license is issued by the commissioner of natural resources under authority and subject to the limitations in Minnesota Statutes,section 84.415,and Minnesota Rules Chapter 6135 and other applicable law to the Licensee as named and for the fee and term as specified below. Name and Address of Licensee: City of Eden Prairie 8080 Michell Road Eden Prairie,MN 55344 License Fee: Two Hundred Ninty-Three Dollars and no/100 ($293.00) Term(years): 50 years Effective Date: February 15,2007 Termination Date: February 14,2057. Purpose of License: Construction,maintenance and operation of a watermain crossing under water under the covenants and agreements of the Licensee to use the following described waters: That part of the SE'A NW 1/4 in Section 12,Township 116 North,Range 22 West in Hennepin County as shown on the attached application and map,all of which are made a part hereof by reference. This license is granted subject to the following provisions: 1. At the end of the license period if both parties wish to renew,the renewal fee and time period will be determined by such methods as are developed by the commissioner of natural resources. 2. This license shall be cancelable upon reasonable notice by the commissioner for violation of any of its terms,or if at any time its continuance will conflict with a public use of water over or upon which it is granted,or for any other reason. Licensee shall ensure that Licensee's employees,agents and contractors have received and thoroughly understand all conditions of this license. 3. Unless otherwise authorized by the commissioner,upon the surrender,termination or cancellation of this license, the Licensee shall remove from the above described waters all the utility lines and related structures owned by it. If Licensee does not remove such lines or related structures,all such lines or structures remaining shall become the property of the State,to be used or disposed of as the commissioner elects. The Licensee agrees to pay the State for the costs of removing and disposing of such lines or structures. 4. The Licensee shall comply with all federal,state and local laws and regulations,including municipal ordinances, affecting said waters,and shall remove all refuse and debris that may accumulate therein. The project hereunder shall at all times during and after construction be subject to inspection by the commissioner and for that purpose the Licensee shall grant access to the premises at all reasonable times. 5. The use of these waters by the Licensee in constructing or maintaining the lines for which this license is granted shall be subject to the use,sale,or leasing for mineral or other legal purposes. 6. This license is subject to the provisions of Minnesota Statutes,section 84.415 and Minnesota Rules Chapter 6135. All standards of Chapter 6135 are incorporated as terms and conditions of this license,except such variations as are identified and approved by the commissioner in the license applications,plans and specifications which are attached and made part of the terms and conditions of this license. The Licensee is bound by the crossing location and installation method as detailed in the application and approved by the commissioner. The Licensee shall not deviate from the terms and conditions of this license or the application as approved by the commissioner unless it has first obtained written permission from the Regional Operations Supervisor. 7. This license is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its officers,agents,or employees,officially or personally,on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the Licensee or any of its agents, employees,or contractors relating to any matter hereunder. This license shall not be construed as estopping or limiting any legal claims or right of action of any person against the Licensee,its agents,employees,or contractors for any damage or injury resulting from any such act or omission,or as estopping or limiting any legal claim or right of action of the State against the Licensee,its agents,employees,or contractors,for violation of or failure to comply with the provisions of this license or applicable provisions of law. The Licensee shall indemnify and hold harmless the State from all claims arising out of the Licensee's use of the above described waters whether such claims are asserted by civil action or otherwise. 8. The Licensee shall not without the commissioner's prior written consent: a)assign,convey or otherwise transfer this license or any interest under it;b)sublet the license corridor or any part thereof;or c)permit the use or occupancy of the license corridor or any part thereof by anyone other than the Licensee. This license shall extend to,and bind the successors,heirs,legal representatives and assigns of the Licensee,if any. The commissioner may require a party who has requested to sublet,use or occupy the license corridor to obtain a separate license from the State prior to occupying or using the license corridor. 9. No delay by the State in enforcing any of the conditions of this license shall operate as a waiver of any of its rights. 10. Placement and Marking of Lines: A. In over crossings of public waters,lines shall have a minimum clearance of 25 feet above extreme high water, unless otherwise approved by the Regional Operations Supervisor. B. As directed by the Regional Operations Supervisor,marker spheres shall be placed on overhead utility lines directly above the protected water. C. Any cable or conduit located at a shoreline shall be sufficiently buried at the shoreline so as to prevent its becoming exposed during droughts or winter drawdowns. D. As directed by the Regional Operations Supervisor,underwater crossings shall be marked by permanent signs on the banks at points where the line enters and leaves the protected water. 11. Unless otherwise authorized by the Regional Operations Supervisor,shut-off valves shall be installed within a pipeline on each side of the water crossing to provide an effective means of halting the release of product or effluent from the line into the surface waters in the event of a line rupture. • 12. To protect fish spawning activities,the commissioner may prohibit work in the stream or work within a specified distance of the protected water during the spawning season. 13. Licensee must minimize disturbance to natural streambed and shoreline vegetation,including trees and shrubs. Allowable clearing of banks,shorelines and land adjacent to them is restricted to the minimum necessary for equipment to complete the installation;banks,shorelines and land adjacent to them should not be cleared to the full right-of-way width. 14. The beds of the waters described above shall,upon completion of construction or maintenance operations therein, be restored as nearly as practicable to their original cross-section. Extreme care shall be exercised to assure that the contours and elevations of the streambed are not changed by this installation in any manner that would alter the runout elevation of any public waters basins located upstream of the crossing. 15. Erosion: A. Erosion control measures shall be employed to stabilize the banks. Where necessary to prevent erosion, streambeds shall be permanently riprapped with natural rock having an average diameter of 12 inches. B. Erosion control measures shall be adequately designed for site characteristics. They may include staked hay bales,sediment fences or contouring and shaping. They shall be installed prior to commencement and maintained throughout the project. All erosion control fences next to a water body shall run parallel to the contours. C. Under low flow conditions,the work,as approved by the commissioner,shall be done to minimize erosion and siltation caused by construction. D. If downstream bank erosion commences,immediate erosion control measures shall be taken and the Regional Operations Supervisor notified immediately. E. Any work below water level shall be encircled by a flotation sediment curtain or other suitable sediment containment device to prevent sediment from being transported beyond the excavation area. F. All disturbed areas shall be stabilized as soon as possible following construction. Topsoil shall be used to re- dress disturbed soil areas,and indigenous plant species should be used,whenever possible,to revegetate disturbed areas. This revegetation should occur as early in the season as possible to permit adequate regrowth. G. Excavated materials shall not be deposited or stored alongside a protected water in a manner where the materials can be redeposited into the protected water by reasonably expected high water or storm run-off. 16. Unless otherwise authorized by the Regional Operations Supervisor,the Licensee shall not apply herbicides or pesticides to the water in the course of construction or maintenance of the utility line. 17. Emergency repairs and replacements may be made without prior notification to the Regional Operations Supervisor by the Licensee according to conditions and standards prescribed by Minnesota Rules,Chapter 6135 and the method of installation identified in this license. The Licensee shall notify the Regional Operations Supervisor of this activity as soon as practicable. 18. The Licensee shall contact the Regional Operations Supervisor 10 days prior to installation and within 10 days following completion of licensed work for compliance inspection. 19. This license is subject to the SPECIAL PROVISIONS attached hereto(if none,state none). None. 20. The Regional Operations Supervisor is Paul Purman at DNR Lands and Minerals; 1200 Warner Road; St.Paul,MN 55106. Phone(651)772-7942. Any questions about this license shall be directed to the Regional Operations Supervisor. ACCEPTED AND ACKNOWLEDGED STATE OF MINNESOTA City of Eden Prairie By Licensee(s) Title: Regional Operations Supervisor By Title By Title Form approved by the Office of the Attorney General 01/02 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5586 ITEM NO.: VII.E. Rod Rue Prohibit Parking on Valley View Road Public Works/Engineering from Flying Cloud Drive to Golden Triangle Drive Requested Action Move to: Adopt resolution prohibiting parking on Valley View Road from Flying Cloud Drive to Golden Triangle Drive. Synopsis With the approval of plans and specifications for the reconstruction of Valley View Road from Flying Cloud Drive to Golden Triangle Drive, MnDOT State Aid is requiring a resolution prohibiting parking on this section of roadway. Background Information This existing roadway is a rural section with a structurally-deficient creek crossing that causes frequent flooding of the roadway. The construction project will upgrade the roadway to an urban two-lane section with a new creek crossing. The project will include a new trail section linking two current trail ends, as well as provide a missing section of trunk watermain. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2007- RESOLUTION PROHIBITING PARKING ON VALLEY VIEW ROAD (FLYING CLOUD DRIVE TO GOLDEN TRIANGLE DRIVE) WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 02-5586 (S.A.P.No. 181-123-01) Valley View Road (Flying Cloud Drive to Golden Triangle Drive) and has presented said plans and specifications to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that the City agrees to provide the enforcement for the prohibition of on-street parking on those portions of said Project I.C. 02-5586 (S.A.P.No. 181-123-01)within its corporate limits. ADOPTED by the Eden Prairie City Council on March 20, 2007. Philip Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.F. Rod Rue Approve Professional Services Public Works/Engineering Agreement for Pavement Evaluation Services from GoodPointe Technology Requested Action Move to: Approve Professional Services Agreement for pavement evaluation services from GoodPointe Technology in the estimated amount of$43,795. Synopsis As part of our pavement management system, periodic evaluations or condition rating surveys are necessary to effectively manage our city street network. Historically,we have performed these surveys on a three-year cycle on our entire street network(currently estimated at 221 miles). Our last survey was completed in 2004 by GoodPointe Technology(our Pavement Management Consultant). The cost for these services will be financed by our Capital Improvement Plan/Pavement Management Program. Background Information The results of this pavement evaluation survey will provide us twelve years of pavement condition history for our street network. Our pavement management system provides us a tool in budget preparation for our pavement maintenance needs, as well as selecting specific maintenance projects. Attachments • Professional Services Agreement for Pavement Evaluation Services STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the 26th day of February . 2007 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie,MN 55344,and GoodPointe Technology Inc._ a Minnesota corporation (hereinafter "Consultant") whose business address is 287 E. 6`1' Street, Suite 200, St. Paul, MN 55105 PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons. Ennis or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of Pavement Evaluation professional services by Consultant for the City roadway network hereinafter referred to as the "Work". The City and Consultant agree as follows: l. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit"A" in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: 3. Compensation for Services. City agrees to pay the Consultant $ 43,795.00 for the services as described in Paragraph 1 (and Exhibit A). A. Any changes in the scope of the work which may result in the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall infoLin the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. 1 C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may require in the preparation of the report for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Mr. Tony Kadlec and Ms. Kristen Anderson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Mr. Tony Kadlec or Ms. Kristen Anderson , from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County,Minnesota for professional services of the like kind.. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings. maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this 2 Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from February 26,2007 through, December 31, 2007_ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7)days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. If as a result,the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City,the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14, Non Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 3 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended. and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs,judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain an insurance policy as follows: 1. $1.000,000 Each Occurrence 2. $2,000,000 General Aggregate 3. $1,000,000 Auto Liability 4. $2,000,000 Excess/Umbrella Liability B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims 4 for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. ProfessionaI Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. A copy of the Consultant's Declaration of Insurance naming the City as an additional insured must be provided to the City prior to commencing work. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 241. Ownership of Documents. All plans. diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Contractor, but any reuse of the Information by the City or the Contractor beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 27. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision 5 renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 28. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 30. Whole Agreement. This Agreement constitutes the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Consultant. Any subsequent modifications must be in writing signed by both parties. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME i /? _ By: Its: Vice President 6 CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or 1.1 City will provide to Consultant all known information interference,and upon request of Consultant,to provide a suitable regarding existing and proposed conditions of the site or which workplace. affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, 2.6 City will be responsible for locating and identifying all surveys, known hazardous waste or conditions, previous subterranean structures and utilities. Consultant will take laboratory analysis results,written reports,soil boring logs and reasonable precautions to avoid damage or injury to subterranean applicable regulatory site response(Project Information). structures and utilities identified and located by City and/or representatives of Utility Companies. 1.2 City will transmit to Consultant any additions,updates,or revisions to the Project Information as it becomes available to SECTION 3: SAMPLES City, its subcontractors or consultants. Not Applicable 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or SECTION 4: FEE PAYMENT/CLAIMS coordinate work or Project Information as requested by Consultant.. 4.1 Consultant will submit invoices to City monthly, and a final invoice upon completion of work. Invoices will show charges 1.4 Consultant will not be liable for any decision,conclusion, based on the current Consultant Fee Schedule or other documents recommendations, judgement or advice based on any as attached. inaccurate information furnished by City, or other subcontractors or consultants engaged by City. 4.2 To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "1 declare SECTION 2: SITE LOCATION,ACCESS,PERMITS, under penalty ofperjury that this account.claim,or demand is just APPROVALS AND UTILITIES and correct and that no part of it has been paid." 2.1 City will indicate to Consultant the property lines of the site 4.3 The balance stated on the invoice shall be deemed correct and assume responsibility for accuracy of markers. unless City notifies Consultant, in writing, of the particular item that is alleged to be incorrect within ten(10)days from the invoice 2.2 City will provide for right-of-way for Consultant personnel date. Consultant will review the alleged incorrect item within ten and equipment necessary to perform the work. (10) days and either submits a corrected invoice or a statement indicating the original amount is correct. 2.3 City will be solely responsible for applying for and obtaining permits and approvals necessary for Consultant to 4.4 Payment is due upon receipt of invoice(or corrected invoice) perform the work. Consultant will assist City in applying for and is past due sixty (60) days from invoice date. On past due and obtaining such permits and approvals as needed. It is accounts,City will pay a finance charge of 1.5%per month on the understood that City authorizes Consultant to act as agent for unpaid balance. or the maximum allowed by law, whichever is City for City's responsibilities under this section including less,until invoice is fully paid. signing certain forms on City's behalf such as Right-of-Way forms. 4.5 IfCity fails to pay Consultant within sixty(60)days following invoice date, Consultant may deem the default a breach of its 2.4 While Consultant will take reasonable precautions to agreement,terminate the agreement,and be relieved of any and all minimize any damage to property,it is understood by City that duties under the agreement. City however,will not be relieved of in the normal course of the work some damage may occur. The Fee Payment responsibilities by the default or termination of the correction of any damage is the responsibility of City or, at agreement. City's direction, the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the 4.6 City will be solely responsible for applying for and obtaining above,Consultant agrees to be responsible for damage caused any applicable compensation fund reimbursements from various by Consultant's negligence. state and federal programs. Consultant may assist City in applying for or meeting notification requirements, however. Consultant City of Eden Prairie General Conditions Consultant Agreement Fehruarv2001 Page 1 or1 makes no representations or guarantees as to what fund 6.3 I f City institutes a suit against Consultant,which is dismissed, reimbursement City may receive. Consultant shall not be liable dropped,or for which judgement is rendered for Consultant,City for any reductions from reimbursement programs made for any will pay Consultant for all costs of defense, including attorney reason by state or federal agencies,except as may be caused by fees.expert witness fees and court costs. Consultant's negligence. 6.4 If Consultant institutes a suit against City,which is dismissed, 4.7 City may withhold from any final payment due the dropped,or for which judgement is rendered for City,Consultant Consultant such amounts as are incurred or expended by the will pay City for all costs of defense, including attorney fees, City on account of the termination of the Contract. expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as 6.5.1 Mediation instruments of the professional work or services performed pursuant to this Agreement. All reports are intended solely for All claims, disputes and other matters in question (hereinafter City, and Consultant will not be liable for any interpretations "claim")between the parties to this Agreement,arising out of or made by others. relating to this Agreement or the breach thereof shall be subject to mediation. If the parties have not resolved the dispute within 5.2 City agrees that all reports and other work furnished to thirty(30)days of receipt of a written complaint,each party may City,or City's agents or representatives,which are not paid for, require the dispute be submitted for mediation. If the parties are will be returned to Consultant upon demand and will not be unable to agree on a mediator within ten (10) days following a used by City for any purpose. request for mediation,either party may request that a mediator be appointed by the Fourth Judicial District Court. The parties agree 5.3 Unless otherwise agreed,Consultant will retain all pertinent to share equally all fees incurred in the mediation. records or reports concerning work and services performed for a period of at least two (2) years after report is submitted. The parties shall submit to mediation for a minimum of eight(8) During that time the records will be made available to City hours. The parties agree that the mediation proceedings are during Consultant's normal business hours. City may obtain private and confidential. If,at the end of eight hours of mediation, reproducible copies of all software,manuals,maps,drawings, the parties have not resolved the dispute,the parties may agree to logs and reports at cost, plus 15%, for data and materials not extend hours of mediation. being provided as part of the scope of work for the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or to Agreement or the breach thereof, whereby the party or parties mislead others by omitting certain aspects contained in the asserting the same claims entitlement to damages or payment of report. less than$25,000.00 in aYg<gregate may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the 5.5 Consultant will consider Project Information as confidential American Arbitration Association then existing unless the parties and will not disclose to third parties information that it mutually agree otherwise. In the event any person shall acquires,uncovers,or generates in the course of perfonning the commence an action in any court for any claim arising out of or work, except as and to the extent Consultant may, in its sole relating to this Agreement or the breach thereof or the Project or discretion, deem itself required by law to disclose, construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such proceedings SECTION 6: DISPUTES/LIMITATIONS OF (unless the hearing on the claim has commenced) and elect to REMEDIES assert its claim in such action if such party could have done so but for the provisions of this Paragraph. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive, special or The parties agree to bear equal responsibility for the fees of AAA, consequential damages or damages for loss of business. including the arbitrator(s). Judgement upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction 6.2 City will pay all reasonable litigation or collection expenses thereof. including attorney fees that Consultant incurs in collecting any delinquent amount City owes under this agreement. In the event that arbitration services are not available from AAA, either party may request that an arbitrator be appointed by the City of Eden Prairie General Conditions Consultant Agreement Februar•2001 Page 2 qf-1 Fourth Judicial District Court. Stat. 176.181,subd.2 and that the Certificate of Insurance or the written order of the Commissioner of Commerce permitting self 6.5.3 Compliance insurance of Worker's Compensation Insurance coverage provided to the City prior to execution of this agreement is current The parties deem the dispute resolution procedure as set forth and in force and effect. herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.2 Consultant shall procure and maintain professional liability shall be a substantial breach of this Agreement. The insurance for protection from claims arising out of professional arbitrator(s)shall be authorized to assess costs and attorney's services caused by any negligent act,error or omission for which fees against a party that has failed to comply with the procedure Consultant is legally liable. in all respects,and,may as a condition precedent to arbitration, require the parties to mediate in accordance with Section 6.5.1 9.3 Certificate of insurance will be provided to City upon request. hereof. SECTION 10: TERMINATION SECTION 7: STANDARD OF CARE 10.1 The agreement between Consultant and City may be 7.1 Consultant's opinions,conclusions,recommendations,and terminated by either party upon thirty-(30)days written notice. report, if any, will be prepared in accordance with the City's Request for Proposal and Consultant's proposal and no 10.2 If the agreement is terminated prior to completion of the warranties,representations,guarantees,or certifications will be project, Consultant will receive an equitable adjustment of made. Except that Consultant warrants that hardware and compensation. software will perform as represented in their proposal and other parts of this agreement. SECTION 11: ASSIGNMENT 7.2 Although data obtained from discrete sample locations will 11.1 Neither party may assign duties, rights or interests in the be used to infer conditions between sample locations no performance of the work without obtaining the prior written guarantee may be given that the inferred conditions exist consent of the other party,which consent will not be unreasonably because soil, surface and groundwater quality conditions withheld. between sample locations may vary significantly,and because conditions at the time of sample collection may also vary SECTION 12: DELAYS significantly with respect to soil, surface water and groundwater quality at any other given time and for other 12.1 If Consultant is delayed in performance due to any cause reasons beyond Consultant's control, beyond its reasonable control,including but not limited to strikes, riots, fires, acts of God,governmental actions, actions of a third 7.3 Consultant will not be responsible or liable for the ' party, or actions or inactions of City, the time for performance interpretation of its data or report by others. shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional SECTION 8: GENERAL INDEMNIFICATION charges,if any,due to the delay. 8.1 Consultant will indemnify and hold City harmless from and SECTION 13: EXTRA WORK against demands, damages, and expenses caused by Consultant's negligent acts and omissions, and breach of 13.1 Extra work,additional compensation for same,and extension contract and those negligent acts, omissions,and breaches of of time for completion shall be covered by written amendment to persons for whom Consultant is legally responsible. City will this agreement prior to proceeding with any extra work or related indemnify and hold Consultant harmless from and against expenditures. demands, damages, and expenses caused by City's negligent acts and omissions, and breach of contract and those acts, SECTION 14: WITHHOLDING TAXES omissions, and breaches of persons for whom City is legally responsible. 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the SECTION 9: INSURANCE/WORKER'S Consultant and each of its subcontracts has complied with the COMPENSATION provisions of Minn.Stat.290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue 9.1 Consultant represents and warrants that it has and will shall satisfy this requirement. maintain during the performance of this agreement Worker's Compensation Insurance coverage required pursuant to Minn. SECTION 15: AUDITS City of Eden Prairie General Conditions Consultant Agreement F ebrum s 001 Page 3of.1 and Consultant relating to the subject matter of this Agreement 15.1 The books,records,documents and accounting procedures which are not fully expressed herein. and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and (6)years after the effective date of this Contract. Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subcontractor within ten (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of S 100.00 or more is$10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE 17.1 The Consultant shall at all times abide by Minn. Stat. 13.01 et seq.,the Minnesota Government Data Practices Act,to the extent the Act is applicable to data and documents in the possession of the Consultant. SECTION 18: DISCRIMINATION to performance of this contract. the Consultant shall not discriminate on the grounds of or because of race,color,creed, religion,national origin,sex,marital status,status with regards to public assistance, disability, sexual orientation, or age against any employee of the Consultant,any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects of the Minnesota Human Rights Act, Minn.Stat. 363.01,et seq.,Title VI of the Civil Rights Act of 1964.and the Americans with Disabilities Act of 1990. SECTION 19: CONFLICTS No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. SECTION 20: ENTIRE AGREEMENT 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or understandings,oral or written between City City of Eden Prairie General Conditions Consultant Agreemeat February 2001 Page 4 of 4 ICON ' Get to the point: GItthastrusture h]nnagement Wools -.-;:- GOOOPOINTE ill TECHNOLOGY February 26, 2006 Proposal No. 2007-702A Mr. Rod Rue City of Eden Prairie 6080 Mitchell Road Eden Prairie, MN 55344-2230 Re: Proposal for Pavement Evaluation Services for Eden Prairie, Minnesota Dear Mr. Rue: GoodPointe Technology is pleased to offer pavement evaluation services to the City of Eden Prairie. The requested services are to perform a detailed Pavement Condition Index (PCI) survey on approximately 221 centerline-miles of roadway in the City of Eden Prairie and enter the data into the City's existing pavement management system. This pavement condition survey will update the existing set of pavement management system data and will form the basis of budget analysis projections for the City. To ensure that the City realizes the full value of the information collected for this project, we have added an additional-optional task to deliver an executive summary report on the current and evolving trends in the network-level pavement condition. Attached to this letter is a scope of services and related cost proposal. If after reviewing this document you have any questions or concerns regarding the project setup or services detailed in this letter, please call me at (651) 726-2555. Thank you for your continued interest in our services, We look forward to working with you on this project! Sincerely, GoodPointe Technology f f/--- r r (_,/ c'' ) / ' Anthony J. Kadlec Vice President Attachment: Exhibit A. Pavement Evaluation Services g:uproposals\gpoint\edenprairie\Eden Prairie 2007-702.doc Exhibit A. Scope of Work, Pavement Evaluation Services February 26, 2007 GoodPointe Technology Inc. Page 1 of 4 EXHIBIT A. Scope of Work This EXHIBIT A. SCOPE OF WORK document along with the City's STANDARD AGREEMENT FOR PROFESSIONAL SERVICES and CITY OF EDEN PRAIRIE GENERAL CONDITION shall constitute the entire set of authorization documents for this project. GoodPointe Technology proposes to provide the City of Eden Prairie with the following services: se.41',45 RV z./Av I I eNN I V (0176411A'A*' f,VIaH AVM IoI)1I 410 The Pavement Condition Index (PCI) data collection survey will cover the selected streets within the City of Eden Prairie pavement network. The surface condition survey proposed in this task is a walking survey in which 100 percent of the street surface will be surveyed. At a minimum, the following bituminous pavement distress types will be collected as part of the PCI Pavement Condition Survey: Alligator Cracking Flushing Potholes Block Cracking Heaving Raveling Bumps Lane-Shoulder Drop Off Reflective Cracking Corrugation Longitudinal/Transverse Cracking Rutting Depression Patching Shoving Edge Cracking Polished Aggregate Slippage Cracking GoodPointe Technology will enter the data from the pavement condition survey, calculate the PCI and then deliver the updated databases to the City for installation. The City will be able to run budget scenario runs immediately after the installation of the updated databases. We take great pride in providing high quality condition survey data and recommend the following set of quality control (QC) procedures to be applied for our Pavement Condition Index (PCI) survey for the City of Eden Prairie: 2.1) Have a Pre-Survey Meeting In case there are some specific pavement condition issues or judgment calls the City would like to establish before the survey proceeds, GoodPointe and designated City staff will have an onsite meeting at the City and/or will travel out to the field to review and discuss these items. This meeting will also cover what pavement sections will be surveyed and which sections will be omitted due to current and future projects. 2.2) Initial Stages Quality Control Evaluation--Distress Level Exhibit A. Scope of Work, Pavement Evaluation Services February 26, 2007 GoodPointe Technology Inc. Page 2 of 4 GoodPointe proposes to apply the following distress-level, quality control procedures for the initial stages of this project. For the first five (5) percent of pavement condition survey data collected for this project, the senior project engineer in charge of data collection is assigned the responsibility of providing field quality control services, which will include a follow-up 100% inspection of the data at the distress level and make any notes regarding any inconsistencies noted in the data. For example, if the senior project engineer notes that`edge cracking' was underestimated in the initial survey, then that survey will be flagged for re-evaluation and correction. Based on the results of this quality control review, the GoodPointe senior engineer will apply corrective action, which will include, but not be limited to: retraining, rotation of raters, and possible replacement. 2.3) Post Survey Check GoodPointe will take the PCI calculated from the 2007 survey and compare it to the most recently calculated PCI (called `Today's Estimated PCI), the latter of which factors in the latest applied (global strategy) paving project (e.g. seal coat, overlay, reconstruct, etc.) and the PCI obtained from the previous network level pavement condition survey performed for the City in 2004. If the absolute difference between the two above-referenced PCI values is >= 10 PCI points, GoodPointe will physically travel back to the pavement section and verify if the survey data is accurate in the latest survey and/or if there are explainable differences between the distress types/quantities of the two surveys. For example, the former survey may have had significant amounts of longitudinal/transverse cracking and, during the time elapsed between surveys this cracking may progress to form extensive block cracking in the latter survey; if so, we would conclude the survey data is reasonable and the PCI difference is justified. If we do find condition data in the latter survey that needs to be corrected, then we will correct it. After we have re-audited and made any necessary corrections to the PCI data, we provide you with the list of PMS sections that have a greater than 10 point difference (up or down) relative to the latest survey, so that you are aware of these sections. 2.4) Maintenance CI check. If there still remains a PCI increase from the former survey to the latter survey, GoodPointe will query the project database to check whether a) maintenance activity has been entered and if b) a corresponding Maintenance CI has been calculated for the given project. In some cases, it will be quite obvious in the follow-up survey that major rehabilitation work has been done since the last survey, since there will be few or no distresses present on the pavement surface. Since we also display the date of the latest maintenance entered into ICON on our data collection sheets or PDA, we will make a note on the pavement condition survey that some maintenance has likely occurred and then report that back to you at the conclusion of the project. Depending on how former surveys have been implemented for the roadway pavements GoodPointe is willing adjust the above steps accordingly. We are open to discussing the addition of other QA/QC procedures and/or adjusting the survey methodology to better conform to the way the ICON system needs to work for the City of Eden Prairie, but Exhibit A. Scope of Work, Pavement Evaluation Services February 26, 2007 GoodPointe Technology Inc. Page 3 of 4 reserve the right to resubmit our cost estimate to cover any anticipated increase in consulting effort to execute the procedures successfully. Exhibit A. Scope of Work, Pavement Evaluation Services February 26, 2007 GoodPointe Technology Inc. Page 4 of 4 fe1-y: *: 44 Jka -u' Wa i ice® An executive summary report on the City pavement network will be delivered to the City. This report will indude the information collected in this project and will highlight: • Current inventory mileage totals of the network according to the reporting categories defined in the City pavement management system (pavement type, functional class, neighborhood, etc.); • The current pavement condition of the network according into the reporting categories mentioned above and summary information to show the overall trends in pavement condition for the last four pavement surface condition surveys (1995, 1998, 2001, and 2004); • An appendix which includes a listing of the pavement condition survey results for each pavement section (sorted by: ascending/descending PCI, alphabetical, etc.); and, • The completed report will be delivered to the City in MS Word format for storage and use in future presentations at the City. Information Required of the City In order to deliver a high quality work product to the City in this project, GoodPointe will require the following information before the work on this project proceeds: • Hardcopy maps (4 copies) of the pavement management sections in the area to be evaluated in this project; • Digital inventory file (XLS or MDB) of the pavement management sections in the area to be evaluated in this project, to include: o Survey Zone, Street Name, From/To Limits, Section Dimensions, and pavement surface type; o PCI from last survey and date of last survey; o Today's Estimated PCI (based on applicable pavement performance curve and time elapsed from last survey); o Date of most recent structural rehabilitation strategy(e.g.overlay or construction); o Most recent non-structural maintenance project to have occurred on each project section and the date of the project(e.g.'Sealcoat 6/1/2005','Crack Seal 9/1/2006', etc.). NOTE: The project information delivered to GoodPointe in advance of the project will serve to set the Quality Control expectations of these sections through the course of this project to its successful completion. Exhibit A. Scope of Work, Pavement Evaluation Services February 26, 2007 GoodPointe Technology Inc. Page 5 of 4 Cost Schedule - City of Eden Prairie Pavement Evaluation Services Basis of Payment: GoodPointe Technology will provide the services described in this proposal for the following costs. Task Unit Cost Units Total Cost 1 $195 per centerline mile 221 $43,095.00* 2 $150 lump sum meeting 1 $150.00 3 Executive Summary Report: $ 550 1 $550.00 Total Proposed $43,795 * The final cost will be determined by the actual miles surveyed. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.G. Janet Jeremiah, Director Housing Services Agreement, Master Line Molly Koivumaki, Manager of Credit Agreement, Line of Credit Draw Community Development Agreement Requested Action Move to approve the Housing Services Agreement, the Master Line of Credit Agreement, and the Line of Credit Draw Agreement between the City of Eden Prairie and West Hennepin Affordable Housing Land Trust (WHAHLT) Background The City of Eden Prairie and WHAHLT have been working together to provide affordable housing opportunities in Eden Prairie. As part of the Hennepin Village development, the City required eight affordable home ownership units to be purchased by WHAHLT and sold to income eligible homebuyers. Staff is requesting to use an interest-free revolving line of credit, using the Community Development Block Grant (CDBG) funds which have already been allocated by the City Council for the purpose of affordable housing. There are three documents involved in this transaction. They are: 1) Housing Services Agreement; 2) Master Line of Credit Agreement; 3) Line of Credit Draw Agreement. I will summarize what each is for and how the process will work. The Housing Services Agreement deals with the grant funds. It states that the City will provide $360,000 to WHAHLT, payable in amounts of $51,428, for the purchase of seven affordable properties within the Hennepin Village development. Per Section 2, WHAHLT "must submit a written request to the City for each payment . . . [and] shall provide any information the City reasonably requires to verify that the funds will be used" to purchase the affordable properties. The term of the agreement is through December 31, 2009, and can be extended as needed. The Master Line of Credit Agreement provides the terms of the line of credit that the City is extending to WHAHLT. Per Section 3, the line's maximum is $500,000, with a max draw of $255,000 for each unit. The repayment terms in are in Section 1.3. Sections 1.6 and 1.7 are important to review because they specify the information WHAHLT must provide to the City in its request for funding. Section 1.6 states: "WHAHLT must submit a written request to the City that includes the property's address, legal description, purchase price, estimated value based upon the most recent Hennepin County tax assessment or appraisal, other sources of funding WHAHLT expects to receive for the property, and any other information the City may require to assess the suitability of the property for funding. When the information becomes available, WHAHLT shall inform the City of the sale price, sale date and the buyer's profile." Section 1.7 gives the City Manager full discretion to approve or deny funding. It also states that the City will use best efforts to make a funding decision within a reasonable amount of time. The Line of Credit Draw Agreement restates the terms from the Master Agreement that are relevant to each individual loan that is made. This document must be executed for each loan. It gives the City a lien on the property and will be recorded in the county land records. Attachments • Housing Services Agreement • Master Line of Credit Agreement • Line of Credit Draw Agreement HOUSING SERVICES AGREEMENT THIS AGREEMENT is made between the CITY OF EDEN PRAIRIE ("City"), a body corporate and politic of the State of Minnesota,having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 and the WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST ("Provider"), 5101 Thimsen Ave, Suite 200, Minnetonka, MN 55345. The Provider is a non-profit organization that provides affordable housing in the Minneapolis suburban area. The City wishes to contract with the Provider to provide affordable housing units within Eden Prairie. The parties wish to set forth in writing the terms and conditions of their agreement. Therefore, in return for the mutual agreements set forth below, the parties agree as follows: 1. TERM The term of this Agreement is from the date of execution by both parties through December 31, 2009, unless terminated earlier as provided below. This Agreement may be extended upon written request from the Provider and approval by the City. Upon expiration, Provider will relinquish to the City all funds unexpended or uncommitted for the services to be provided under this Agreement. 2. PAYMENT Subject to the terms of this Agreement, the City will pay to Provider $51,428.00 for each residential housing unit the Provider purchases pursuant to Section 3 of this Agreement, for a total not to exceed $360,000.00. The funds are to be used solely for the Services described in Section 3 of this Agreement. Provider must submit a written request to the City for each payment. Provider shall provide any information the City reasonably requires to verify that the funds will be used for the Services described in this Agreement. 3. SERVICES The Provider will use the grant money provided by the City to purchase up to seven residential properties in the Hennepin Village development located in the City and then re-sell the dwelling units but not the land to Eligible Purchasers. To qualify as an Eligible Purchaser, the buyer must have income no greater than 80% of the area median income for the Twin Cities Metropolitan area, as defined in Minnesota Statutes § 473.121, subd. 2, as determined by the U.S. Department of Housing and Urban Development (or any successor agency), and cannot have owned a home within the past 36 months. The Provider must limit the equity participation of the Eligible Purchasers to no more than 33%. Funds received, if any, by the Provider when selling the dwelling units in Eden Prairie must be used only toward the purchase of other residential properties in Eden Prairie that are re-sold to Eligible Purchasers. Provider shall enter into a Ground Lease with each Eligible Purchaser to ensure that the conditions described in this Section will apply to the property purchased pursuant to this Section. Provider shall properly record a memorandum of said Ground Lease in the Hennepin County land records. 4. NON-ASSIGNMENT Provider may not assign, subcontract, transfer, or pledge this Agreement and/or the services to be performed under it, whether in whole or in part, without the prior consent of the City. 5. RECORDS The Provider will maintain such records as are deemed necessary by the City to ensure that the services are provided as represented by the Provider. 6. DISCRIMINATION The Provider agrees not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age or religion. 7. CONFLICT OF INTEREST No officer, director, employee, or agent of Provider may engage in a conflict of interest in providing the services required under this Agreement. A "conflict of interest" is defined as engaging on behalf of the Provider in any matter that affects the person's financial interests outside of the person's duties with the Provider, the financial interests of a member of the person's immediate family, or those of a business with which the person is associated, unless the effect on the personal, relative, or business is no greater than on other members of the same business classification, profession or occupation. "Immediate family" is defined as the following relatives of the person or the person's spouse: siblings, parents, step-parents, grandparents, children, step-children, grandchildren, aunts, uncles, and first cousins. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 8. SUSPENSION AND TERMINATION A. If Provider materially fails to comply with any term of this Agreement, fails to maintain its non-profit corporate status with the I.R.S. or the State of Minnesota, or fails to administer the work in a manner to endanger the performance of this Agreement, this constitutes noncompliance and a default. Unless Provider's default is excused by the City, the City may take 2 one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately canceling this Agreement in its entirety. B. The City's failure to insist upon strict performance of any provision or to exercise any right under this Agreement cannot be deemed a relinquishment or waiver of the same. This will not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon 90 days written notice. D. Funds allocated to Provider under this Agreement may not be obligated or expended by Provider following the date of termination. Any funds allocated to Provider under this Agreement, which remain un-obligated or unspent following the date of termination, shall be returned immediately by Provider to the City. E. In addition to any other rights the City may have, the City may immediately suspend payments during any period in which the City reasonably believes that the funds have not been or will not be used to provide the Services described in Section 3 of this Agreement. 9. INDEMNITY The Provider agrees to hold harmless, indemnify and defend the City, its elected officials, officers, agents, and employees against any and all claims, losses, or damages, including attorneys' fees, arising from, allegedly arising from, or related to, the provision of services under this Agreement by the Provider, its employees, agents, officers, or volunteer workers. 10. INSURANCE The Provider agrees that it will, at all times during the term of this Agreement, have and keep in force a general liability insurance policy with coverage in the amount of at least $1,000,000 per occurrence. A copy of Provider's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before work under this Agreement is begun. 11. UNSPECIFIED SERVICES The City will honor no claim for services not specified in this agreement. 12. DATA PRACTICES ACT The Provider shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. §1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Provider. 3 13. AUDITS The books, records, documents, and accounting procedures and practices of the Provider or other parties relevant to this Agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 14. DISCRIMINATION In performance of this Agreement, the Provider shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Provider, any subcontractor of the Provider, or any applicant for employment. The Provider shall include a similar provision in all contracts with subcontractors to this Agreement. The Provider further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. Section 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. CLAIMS To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 16. PROVIDER'S PROMPT PAYMENT OF SUBCONTRACTORS The Provider shall pay to any subcontractor within ten (10) days of the Provider's receipt of payment from the City for undisputed services provided by the subcontractor. The Provider shall pay interest of one and a half percent (1 1/2 %) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Provider shall pay the actual amount due to the subcontractor. 17. LIMITATION OF REMEDIES In the event of a breach of the Contract by City, the Provider shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 18. INDEPENDENT CONTRACTOR Nothing in this Agreement is intended, nor may be construed, to create the relationship of partners or employer/employee between the parties. The Provider, its officers, agents, employees, and volunteers are, and will remain for all purposes and services under this 4 Agreement, independent contractors. 19. NOTICES Notices will be considered properly mailed if sent certified mail to the other party at the following address: a. If to the City: City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN b. If to WHAHLT Executive Director West Hennepin Affordable Housing Land Trust 5101 Thimsen Avenue Suite 202 Minnetonka, MN 55345 21. ENTIRE AGREEMENT The entire agreement of the parties is contained in this document. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement. Any alterations, amendments, deletions or waivers of any provisions of this Agreement will be valid only when placed in writing. 5 WEST HENNEPIN AFFORDABLE CITY OF EDEN PRAIRIE HOUSING LAND TRUST By: Janet Lindbo By: Phil Young Its Executive Director Its Mayor By: Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by , the of , a Minnesota non-profit corporation, on behalf of said corporation. Notary Public P:\Home\EP\Community Dev\WHAHLT Line of Credit and Grant\Housing Services Agreement.doc 6 MASTER LINE OF CREDIT AGREEMENT THIS AGREEMENT made and entered into this day of , 2007, by and between WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST ("WHAHLT"), a Minnesota non- profit corporation having its principal office at 5101 Thimsen Avenue, Suite 202, Minnetonka, MN 55345, and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (the "City"). WHEREAS, as part of its participation in the Livable Communities Program, sponsored by the Metropolitan Council, the City has agreed to ensure the creation of affordable housing units in the City; and WHEREAS, WHAHLT was created to ensure the long-term affordability of housing by owning the land underlying housing units and, through a lease between WHAHLT and the unit owner, limiting those eligible to purchase the unit to those persons whose income is at or below 80% of the median income in the Metropolitan area(the "Eligible Purchasers"); and WHEREAS, the City and WHAHLT wish to cooperate with each other in achieving their mutual goals of providing affordable housing in the City through a revolving Line of Credit (the "Line of Credit") funded by the City which will enable WHAHLT to purchase affordable housing units and the land underlying them solely within the City; and WHEREAS, the City and WHAHLT desire to set forth herein the provisions for providing the Line of Credit and to WHAHLT. NOW, THEREFORE, in consideration of said Line of Credit and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. LINE OF CREDIT. The City agrees to provide WHAHLT an interest-free revolving Line of Credit for the purchase and re-sale of housing units in the City to Eligible Purchasers. This Line of Credit is subject to the following conditions: 1.1. The maximum of the Line of Credit is $500,000. 1.2. The maximum available draw against the Line of Credit for one housing unit is $255,000. 1.3. WHAHLT will repay $100,000.00 of the draw (or the total amount of the draw, whichever is less) within five days after WHAHLT's sale of the housing unit to an Eligible Purchaser. WHAHLT will repay any unpaid amount of the draw the earlier of 90 days after WHAHLT's sale of the housing unit to an Eligible Purchaser or nine months after WHAHLT's acquisition of the housing unit. The City Manager may extend the time for repayment by an additional three months if WHAHLT makes a written request with an explanation for the need. Any further extensions require approval of the City Council. 1.4. Each draw will be interest-free, except that any interest that WHAHLT earns on the funds must be paid to the City. 1.5. The City Manager, or designee, may approve each draw without City Council approval. 1.6. For each housing unit WHAHLT wishes to purchase using funds provided by the City pursuant to this Agreement, WHAHLT must submit a written request to the City that includes the property's address, legal description, purchase price, estimated value based upon the most recent Hennepin County tax assessment or appraisal, other sources of funding WHAHLT expects to receive for the property, and any other information the City may require to assess the suitability of the property for funding. When the information becomes available, WHAHLT shall inform the City of the sale price, sale date and the buyer's profile. 1.7. The City Manager has full discretion to approve or deny funding for each housing unit, and no funds may be released until the City Manager has approved the funding of said housing unit. The City will use best efforts to approve or deny funding within a reasonable amount of time. Subject to Section 4, the City shall not suspend or reduce the Line of Credit extension for a housing unit once funding for said unit has been approved. 2. WHAHLT'S CONDITIONS FOR FUNDING. WHAHLT is eligible for the Line of Credit draws only upon the following conditions. 2.1. The proceeds of the Line of Credit will be used only for the purposes stated in Section 1. 2.2. WHAHLT has made no material misstatement of fact in connection with WHAHLT's application for the Line of Credit. 2.3. WHAHLT further specifically covenants and agrees with the City that WHAHLT's breach of the provisions of this Section 2 constitutes an event requiring immediate repayment of all amounts advanced under the Line of Credit in the manner provided in this Agreement and an event of default enabling the City to foreclose on the lien in the manner provided in Section 3 of this Agreement. 3. COVENANTS FOR WHAHLT AND THE CITY. WHAHLT and the City further covenant and agree as follows: 3.1. WHAHLT shall be furnished a conformed copy of this Agreement at the time of execution or after recordation. 3.2. Upon default of any covenant or agreement by WHAHLT under the terms of this Agreement, the City prior to foreclosure shall mail notice to WHAHLT as provided herein specifying: 3.2.1. the nature of the default by WHAHLT, 2 3.2.2. the action required to cure such default, 3.2.3. a date, if such default is capable of being cured by WHAHLT, not less than thirty (30) days from the date of notice is mailed to WHAHLT by which such default, if capable of being cured, must be cured; and 3.2.4. that failure to cure such default on or before the date specified in the notice may result in acceleration of the sum secured by the lien and sale of the liened premises. 3.3. The notice shall further inform WHAHLT of the right, if any, to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of WHAHLT to acceleration and sale. 3.4. In addition to any notice required under applicable law to be given in another manner, notice to either party shall be given as provided in Section 9 of this Agreement: 4. SUSPENSION OR REDUCTION. In addition to any other rights the City may have, the City may immediately, and without notice to WHAHLT, suspend extensions of the Line of Credit or reduce the credit limit during any period in which any of the following are in effect: 4.1. The City reasonably believes that WHAHLT will be unable to fulfill its payment obligations under this Agreement; or 4.2. WHAHLT is in default of an obligation in this Agreement. WHAHLT will not be considered in default until after the City has mailed or delivered a notice of default to WHAHLT. 4.3. The City does not have funds available, or if the City determines, in its sole discretion, that it is unable to continue providing funds to WHAHLT. 5. SECURITY. As security for WHAHLT's covenant and obligation for repayment as herein provided, and subject to the terms and conditions of this Agreement, WHAHLT hereby agrees to grant, and the City shall receive, a lien on the real estate to be described in WHAHLT's request for funding, together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attorney fees of collecting the same. The City agrees to subordinate this lien to any mortgage that may be necessary to facilitate the sale of the affordable property to an Eligible Purchaser. 6. DEFAULT. In the event WHAHLT shall fail or refuse to make a required payment on a housing unit under this Agreement or shall in any other way be in default under the terms and conditions of this Agreement, WHAHLT confers upon the City the option of declaring all sums then owing by WHAHLT on said unit immediately due and payable without notice and confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment and to foreclose the lien on said unit by judicial proceedings or to sell the liened premises at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums 3 secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs and fees WHAHLT herein agrees to pay. 7. PREPAYMENT. WHAHLT may prepay all or part of what it owes at any time without a prepayment penalty. 8. CANCELLATION. Either party may cancel this Agreement by providing the other with at least 90 days written notice. Notwithstanding cancellation, WHAHLT's obligations under this Agreement will remain in effect until WHAHLT has paid all amounts due to the City. 9. NOTICES. Notices will be considered properly mailed if sent certified mail to the other party at the following address: a. If to the City: City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN b. If to WHAHLT: Executive Director West Hennepin Affordable Housing Land Trust 5101 Thimsen Avenue Suite 202 Minnetonka, MN 55345 10. TRANSFER OR ASSIGNMENT. Neither party may assign its rights and obligations under this Agreement without the written permission of the other party. 11. NO WAIVER. No waiver by the City of any breach of this Agreement shall constitute a waiver of any other breach, whether of the same or any other terms of this Agreement, nor shall any delay or omission of the City's exercise of any right arising from any default affect or impair the City's rights as to the same or future default. 12. AGREEMENT. This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of WHAHLT shall be joint and several. 4 WEST HENNEPIN AFFORDABLE HOUSING CITY OF EDEN PRAIRIE LAND TRUST By: Janet Lindbo By: Phil Young Its Executive Director Its Mayor By: Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007,by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by , the of , a Minnesota non-profit corporation, on behalf of said corporation. Notary Public P:\Home\EP\Community Dev\WHAHLT Line of Credit and Grant\Master Line of Credit Agreement.doc 5 LINE OF CREDIT DRAW AGREEMENT THIS AGREEMENT made and entered into this day of , 2007, by and between WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST ("WHAHLT"), a Minnesota non-profit corporation having its principal office at 5101 Thimsen Avenue, Suite 202, Minnetonka, MN 55345, and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (the "City"). WHEREAS, as part of its participation in the Livable Communities Program, sponsored by the Metropolitan Council, the City has agreed to ensure the creation of affordable housing units in the City; and WHEREAS, WHAHLT was created to ensure the long-term affordability of housing by owning the land underlying housing units and, through a lease between WHAHLT and the unit owner, limiting those eligible to purchase the unit to those persons whose income is at or below 80% of the median income in the Metropolitan area(the "Eligible Purchasers"); and WHEREAS, the City and WHAHLT, wishing to cooperate with each other in achieving their mutual goals of providing affordable housing in the City, entered into that certain Line of Credit Agreement on , 2007, which will enable WHAHLT to purchase affordable housing units and the land underlying them solely within the City; and WHEREAS, WHAHLT has requested a draw pursuant to the Line of Credit Agreement, and the City and WHAHLT desire to set forth herein the provisions for providing the Line of Credit Draw to WHAHLT. NOW, THEREFORE, in consideration of said Line of Credit Draw and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. LINE OF CREDIT DRAW. The City agrees to provide WHAHLT an interest-free Line of Credit Draw for the purchase and re-sale of the housing unit described on Exhibit A (the "Housing Unit") in the City to Eligible Purchasers. This Line of Credit Draw is subject to the following conditions: 1.1. The Line of Credit Draw is $ . 1.2. WHAHLT will repay $100,000.00 of the Draw (or the total amount of the Draw, whichever is less) within five days after WHAHLT's sale of the Housing Unit to an Eligible Purchaser. WHAHLT will repay any unpaid amount of the Draw the earlier of 90 days after WHAHLT's sale of the Housing Unit to an Eligible Purchaser or nine months after WHAHLT's acquisition of the Housing Unit. The City Manager may extend the time for repayment by an additional three months if WHAHLT makes a written request with an explanation for the need. Any further extensions require approval of the City Council. 1.3. The Draw will be interest-free, except that any interest that WHAHLT earns on the funds must be paid to the City. 2. WHAHLT'S CONDITIONS FOR FUNDING. WHAHLT is eligible for this Line of Credit Draw only upon the following conditions. 2.1. The proceeds of the Line of Credit Draw will be used only for the purposes stated in Section 1. 2.2. WHAHLT has made no material misstatement of fact in connection with WHAHLT's application for the Line of Credit Draw. 2.3. WHAHLT further specifically covenants and agrees with the City that WHAHLT's breach of the provisions of this Section 2 constitutes an event requiring immediate repayment of all amounts advanced under the Line of Credit Draw in the manner provided in this Agreement and an event of default enabling the City to foreclose on the lien in the manner provided in Section 3 of this Agreement. 3. COVENANTS FOR WHAHLT AND THE CITY. WHAHLT and the City further covenant and agree as follows: 3.1. WHAHLT shall be furnished a conformed copy of this Agreement at the time of execution or after recordation. 3.2. Upon default of any covenant or agreement by WHAHLT under the terms of this Agreement, the City prior to foreclosure shall mail notice to WHAHLT as provided herein specifying: 3.2.1. the nature of the default by WHAHLT, 3.2.2. the action required to cure such default, 3.2.3. a date, if such default is capable of being cured by WHAHLT, not less than thirty (30) days from the date of notice is mailed to WHAHLT by which such default, if capable of being cured, must be cured; and 3.2.4. that failure to cure such default on or before the date specified in the notice may result in acceleration of the sum secured by the lien and sale of the liened premises. 3.3. The notice shall further inform WHAHLT of the right, if any, to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of WHAHLT to acceleration and sale. 3.4. In addition to any notice required under applicable law to be given in another manner, notice to either party shall be given as provided in Section 7 of this Agreement: 2 4. SECURITY. As security for WHAHLT's covenant and obligation for repayment as herein provided, and subject to the terms and conditions of this Agreement, WHAHLT hereby grants, and the City hereby receives, a lien on the real estate described in Exhibit A, together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attorney fees of collecting the same. The City agrees to subordinate this lien to any mortgage that may be necessary to facilitate the sale of the affordable property to an Eligible Purchaser. 5. DEFAULT. In the event WHAHLT shall fail or refuse to make a required payment on the Housing Unit under this Agreement or shall in any other way be in default under the terms and conditions of this Agreement, WHAHLT confers upon the City the option of declaring all sums then owing by WHAHLT on said Unit immediately due and payable without notice and confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment and to foreclose the lien on said Unit by judicial proceedings or to sell the liened premises at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs and fees WHAHLT herein agrees to pay. 6. PREPAYMENT. WHAHLT may prepay all or part of what it owes at any time without a prepayment penalty. 7. NOTICES. Notices will be considered properly mailed if sent certified mail to the other party at the following address: a. If to the City: City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN b. If to WHAHLT Executive Director West Hennepin Affordable Housing Land Trust 5101 Thimsen Avenue Suite 202 Minnetonka, MN 55345 8. TRANSFER OR ASSIGNMENT. Neither party may assign its rights and obligations under this Agreement without the written permission of the other party. 9. NO WAIVER. No waiver by the City of any breach of this Agreement shall constitute a waiver of any other breach, whether of the same or any other terms of this Agreement, nor shall any delay or omission of the City's exercise of any right arising from any default affect or impair the City's rights as to the same or future default. 3 10. AGREEMENT. This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of WHAHLT shall be joint and several. WEST HENNEPIN AFFORDABLE CITY OF EDEN PRAIRIE HOUSING LAND TRUST By: Janet Lindbo By: Scott H.Neal Its Executive Director Its City Manager STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by Scott H. Neal, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by , the of , a Minnesota non-profit corporation, on behalf of said corporation. Notary Public P:\Home\EP\Community Dev\WHAHLT Line of Credit and Grant\Line of Credit Draw Agreement.doc 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.H. Stuart A. Fox, Manager, Bid Award for Carmel Park Parks and Natural Resources Play Structure Requested Action Move to: Award the contract for playground equipment at Carmel Park to Earl F. Anderson, Inc. in the amount of$55,000. Synopsis A playground neighborhood discussion meeting was conducted on March 13, 2007,with neighbors of the Carmel Park attended the meeting. After reviewing the proposals by the seven manufacture representatives, the majority vote was to recommend the playground from Earl F. Anderson, Inc. for Carmel Park. Staff concurs with the feedback and recommends the same vendor. Background For the last several years, City staff has utilized a Request for Proposal process to select play equipment for replacement or new play equipment within our park system. The process is set up to establish a dollar amount at which all vendors who are interested in bidding on the project are given some basic parameters, those being total amount of dollars to be incorporated into the plan,the physical size of the area where the play equipment will be located, and inclusion of a covered shelter structure with the playground. The last cost component is dependant on whether or not the proposed budget is large enough to have the vendor do installation or have the park staff do the installation with a supervisor supplied by the vendor. After this information has been submitted, staff organizes a neighborhood meeting with people living within one mile of the park. Letters are sent out and the vendors are invited to make a brief 15 —20 minute presentation of their particular playground proposal to the neighbors. Following the talk by the various representatives, city staff leads the neighborhood participants through a selection process. The process is guided by the staff,but relies heavily on feedback from the neighborhood residents. Since the vendors are all bidding the same amount of dollars, they basically are given the latitude to present the residents with various new components or specialty components that other vendors may or may not be able to place within their proposed playground. Based on feedback from the neighbors, as well as the vendor representatives, the process has gone very well. We have been able to award playground installation to all seven playground vendors at one time or another over the past eight years. Attachment Letter to Carmel Park Neighbors Play area design • aA ' qtA. DEF1 AIDE I\ WOK DREAM February 28, 2007 OFC 952 949 8300 FAX 952 949 8390 TDD 952 949 8399 8080 Mitchell Rd Dear Carmel Park Neighbor: Aden Prairie,MN 55344-4485 edenprairie.org Your neighborhood park is scheduled to receive new playground equipment this summer. In order for the City staff to purchase this equipment, your input is valuable. A presentation of the playground designs is scheduled for Tuesday,March 13,2007. Representatives for the manufacturers will give a short presentation of their proposed playground layout. This will be followed by a feedback session with your neighbors to help select the best design for the park. The new equipment will be installed by early July 2007. When: Tuesday,March 13, 2007 Where: Eden Prairie City Center 8080 Mitchell Road Heritage Room IV (lower level) Time: 7:00—9:30 p.m. If you have questions,please call me at 952-949-8445. Sincerely, ./ZirA40-tk- Stuart A. Fox Parks and Natural Resources Manager Attachment: Park map is located on the back of this letter. SAF:bju ---11i----- \„...........„/ - ; , CIl o g 1 \ 3 C O ` 1 ! CAZ 2 .........Y1 ---.--; 1 FAC1.gROOk R D, -----N'N\\\\ 1, / zcf3 ,111 ////////////////////i\' i /I( Q 1 = O a s DO co13 ]f 1j r a I .N., i it O co /� rt O co 4 / ... Z .7 E. Z. -. . O \ Q --) . �, 0 rWc •F4 1j :\.\\,,,,, .0.A. Tp/ifilotimi. \101111€111j o I\ Q /A . 0 . Ed Prairie City of Eden Prairie Carmel Park . 1311 Parks&Natural Resources 11610 Tyrerl Drive LIatropoiRm Cassel • C'ARMEL PARK E.IDEIV PRAIRIE -0)- MAR. 1 , ZOCI7 . Ca '9 © '5© B CA LE: 1 It = 13'-D 121' - . MAR 'fiP ....____,...., : L..._ 14\libi..17.-1:: ; 11-'4 .6 ' 1 ///2 ; ::i• ♦ t s..s.,____,.., ,....,j t'r 42. ' V 1 -t. I I \ I .2: •.,:‘ - ,. 4, .... 1%,..,:r , 601,144 VIEW) r r1 CONCRETE CURB `` , k•".4 1 BY aTY `• �i EXISTINGTFIWr - �i, � , 112' PATH 'sa":rr ; � i i PROPx it •OSED ` AU.STEEL SHELTER t /4 - CONCRETE SLAB I ./ -.' � I(x 14' S�` ,r'r' - 1 BY CITY N. c•\'a. /4'> *'% ' 11 — '' avi. O .x .'y/ 1 1 •K-i,*- ,/ B r 4, \ f 5 1 „r 1 \A Da ♦ i' 4. • EPn 2006-2007,sponsor © 2007 by Cori F. Andersen, Inc.. Ali Rights Reserved. Proposed Small Playstructure Component - Carmel Park EF Anderson - Landscape Structures EE :':��'::: =ps '�Y :FFtti{.3.'Y'.e:tt�E:>::. :.�y'.....M. •3i3i71i: .g§Sr >:'''''''.-'::'3:1 nI'.•i'q.'3. ;:.d 3>3'31:.:E<([,`".'.}k��,I�Y�•i s F( E d F?fiF iFi,ia33.feRp?i;it Ei:'ri i:::::: s's$'Y ":,�_„°.•':': .¥... 3iiP....`;'?�*'i: .3''''''te:e F,F{p.iz<•.:43{¢;E.i.:cz i.kl.1)•F L; ': .r •';:: ;: A... x £: "i i4,."4 it- ,•.::ttEt:e.f.....i;' "E¢ ' 4,<'3��3 ::t - .E.....i.�,i:':' �.:"6 szea'vi••• ai3S:? "��'':. 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'':.: : : ...` :: . p: " ...•...:...............:.::::: • • • • • fie. ty e ''j}E,'.i '... :Er3:€ CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.I. Stuart A. Fox, Manager, Bid Award for Rustic Hills Park Parks and Natural Resources Play Structure Requested Action Move to: Award the contract for playground equipment at Rustic Hills Park to Webber Recreational Design, Inc. in the amount of$55,000. Synopsis A playground neighborhood discussion meeting was conducted on March 13, 2007,with neighbors of the Rustic Hills Park attended the meeting. After reviewing the proposals by the seven manufacture representatives, the majority vote was to recommend the playground from Webber Recreational Design, Inc. for the Rustic Hills Park. Staff concurs with the feedback and recommends the same vendor. Background For the last several years, City staff has utilized a Request for Proposal process to select play equipment for replacement or new play equipment within our park system. The process is set up to establish a dollar amount at which all vendors who are interested in bidding on the project are given some basic parameters, those being total amount of dollars to be incorporated into the plan,the physical size of the area where the play equipment will be located, and inclusion of a covered shelter structure with the playground. The last cost component is dependant on whether or not the proposed budget is large enough to have the vendor do installation or have the park staff do the installation with a supervisor supplied by the vendor. After this information has been submitted, staff organizes a neighborhood meeting with people living within one mile of the park. Letters are sent out and the vendors are invited to make a brief 15 —20 minute presentation of their particular playground proposal to the neighbors. Following the talk by the various representatives, city staff leads the neighborhood participants through a selection process. The process is guided by the staff,but relies heavily on feedback from the neighborhood residents. Since the vendors are all bidding the same amount of dollars, they basically are given the latitude to present the residents with various new components or specialty components that other vendors may or may not be able to place within their proposed playground. Based on feedback from the neighbors, as well as the vendor representatives, the process has gone very well. We have been able to award playground installation to all seven playground vendors at one time or another over the past eight years. Attachment Letter to Rustic Hills Park Neighbors Play area design EDEN PRAIRIE: LIVE•WORK'•DREAM February 28,2007 OFC 952 999 8300 FAX 952 949 8390 TOD 952 949 8399 8080 Mitchell Rd Dear Rustic Hills Park Neighbor: Eden Prairie,MN 55344-4485 edenprairie.org Your neighborhood park is scheduled to receive new playground equipment this summer. In order for the City staff to purchase this equipment,your input is valuable. A presentation of the playground designs is scheduled for Tuesday,March 13,2007. Representatives for the manufacturers will give a short presentation of their proposed playground layout. This will be followed by a feedback session with your neighbors to help select the best design for the park. The new equipment will be installed by early July 2007. When: Tuesday,March 13,2007 Where: Eden Prairie City Center 8080 Mitchell Road Heritage Room III (lower level) Time: 7:00—9:30 p.m. If you have questions,please call me at 952-949-8445. Sincerely, I 4 • • c 0 a)C Stuart A. Fox Parks and Natural Resources Manager Attachment: Park map is located on the back of this letter. SAF:bju I � Q • , / \, / , / \,, \ i b j \ rI/ 3 \ r e : \ ....„, , ,\\ . , O , / zi o moo 0 . x i' mmm o o I-- m Zra° m a >0 Cr 71 Z IT Q O iv' lin 0 0 . - Q �K a . / Q 0 0oa --' 1 C:5)!h o°Q } a- o as f \ ti \ ., / ',„ t \ \,. F ` \ l \ „ .. i '' .,/ • \ \ \ . \ \ \ \ \ \ \ \ l \ \ \ \ \ \ ,,3 \ \ ,..__„ \ _ \ \ �, I 1 ' ' i City of Eden Prairie Rustic Hills ParkEde 016• " Parks&Natural Resources �74fi5 Rustic Hills Drive ' air ''Goma �' " ' FOR Kies- _AGE�s= FoRKlas =5 .''�2,= ES.. -yEARS= ,YEARS- IF ..."---- C..-':**"'";IRIGGEITi'."--\\\\ 12' MIN 7,4_72. S'E077/---------' SINGLE�4 FRAME SEATS Cti Y 1� 714-735-4 cori.., : TREE HWSE, I �� _._, , , ., onsi 0 . „:,,,._ .MC TOT SEAT 350'TUT SEAT SLASH PROOF SUM FRO" VI 5' w/ +e 8. w/1100 a' w/a o�' �j 4P7' 4_555-L9 il ��1 ''%` ,If ill 53.-4. s-SHAPED SCROD \� ,• JUNGLE CUMN1F7t � FO551L BLUFF 30'-!• O 71r792-7Lf3 `• f 4-730 lCHANEIID E MIRY • NNE CLB1BEit A VfRAGAL 71r7.1E-W �� 714-50 O 714-557-Sy Ij�515 30'LOOK-COT PANELIIII z RisER MI0A„upsAEP5 714-5 30 + 4. Aft"` `l i4a,x Elln 8'fIN. or'RISE TOT ROCK . .► CUIIBEA ' Mill 6' MIN 7v.1 TURN G B/CHINNING ,'� FUN FONE M142M 714-943-3 715-s<B4 ■ i ��-1� HORIZOG714-903LADDER �� ►� 3' S9VARE TRANSFER ATV SPRIG R10ER B'CL'9�t�03 SER�OgI� L-SUOE ��'el,_ um" POINT. 11.1 nrMY-30 90,E TRANSFER n6-907-1 POINT.3'DECK { 4 714-1351-339 • WALL w/WHEEL FUN FONE 71. 900 SQUARE / .Tttl-494 ROCF-1ffR 715-705 SAY PANEL SAFETY PANEL 1 • 1 2-3\ AGES 5-12 74-734-1 714-734 1 7a'-6- 12'X 12 AMERICANA SHELTER 5114u 0D0401/4E f. • This ploy system loMi the neansndotbns 1n the Cansamsr- RUSTIC HILLS PARK(OPT 1) 1WEBBER RECREATIONAL DESIGN, INC.j Product Sahty Commission's'handbook for Puglia Safety!' 2-5 &5-12 YEAR OLDS FoR KIDS rsgadln9 SCHOOL dos AND M PRE SCHOOL AGE ANDSCH00LAGE0HILDREN17465 RUSTIC HILLS DR IN3123 STATE HWY 73 S err ?iTows as+es tarps is mulls ti 5ps aegttsf a!digaen m 11NEILLSVILLE WI 54456 1 GES.. f, Thera a9.4. Parents must e.r+waas6ls tar obild9 mTh EDE.N PRAIRIE MN 55344A �� to�a~nothIln ��. a"nad:. 'gF .$. r.s 1cr their digdren's minus and Ndhldud ablates, 'GROUND SPACE NA I I PHONE ND. BOLA-647 SD88 2 � '' j l AN ENERGY ABSORBING PROTECTIVE SURFACE 13 I Jl FNS Nb. 715-743.6725 "� 1 C REQUIRED AROUND Ala.PLAY SYSTEMS IpROTEGTIVE AREA y�._g"X 78'-S" I� MBI EIY �E pu1TE I memos QUIPINDIT MI COMM i] .+ BRENDA KVITEK II 03/01/07 �E��s., �� ,� T5� NA- ` J Proposed Large Playstructure Component — Rustic Hills Park Webber Recreation - Miracle Recreational Equipment • • .;ciai' ''S'3; dii?bg:,'w'``#'w;: ' Y: ' A r.• €. 1 ,144':4F.<F _ era i .614.1g1 £° rx:.t't l i .. GMirxreFsv;#fYarn infl tI E1'F1 S::JEE-f: k,,, :;Y';. .x�'.. t'<£Y :i. 1', i -ti. 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U 1:13,","1 r15''' Fuif f4ize „ 1tw , <:' #: ti.3€€. ,tA(i. .,.(.Et s 'F :€•rib's f •31<1t ,tiE;[ €l:iIL,41 t.3,.y t� i :;,�i �f'zE r {� i E: ! s cwne t a�l r r:. ''f(31>Zi't�trt[. i ${S it1.".Y`2 '{` F€L• E ftj�32 S31,FEs';€{F tf.�.,F31:1�!e:P{.F'Sii<' M, a.i<{ ' :3Eif.C.N' ,i. t€ <1, Er..fr{3`t141.l .,:. Et€ ,4t,"4 {i L s ,i 14HSit 1%.0f. '•.a:�. 1 uliitii7=47"i,t 4$"„,4,1 i P:i.2,.v<O +:3" Pr F ,1:;fa,.<.E. i,f:,->rinai t i:-i?•n.1,.i'?377ir' S£; i�rIIE,1h � it " ailifig,,,,."4,ii A €t F € IfsE z.. 1#i.. "i..`i`i P0,,4<rt, [ ohliiii0g14 • • i.A ,,,.gat;' •....., CITY COUNCIL AGENDA DATE: March 20, 3007 SECTION: Consent DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.J. Community Development/Planning Flying Cloud Airport Advisory Janet Jeremiah Commission 2006 Annual Report and Scott Kipp 2007 Work Plan Requested Action Move to: Receive the 2006 Annual Report and Approve the 2007 Work Plan for the Flying Cloud Airport Advisory Commission. Synopsis The Flying Cloud Airport Advisory Commission was re-established in December 2005. It began meeting in May 2006. The Annual Report addresses activities of the Commission's first year, which focused on education. The 2007 Work Plan sets a number of goals for the Commission from educating stakeholders and monitoring noise concerns to airport improvements and presenting the airport as a competitive advantage for the City. Background Information On February 20, 2007, a City Council workshop was held with the Flying Cloud Airport Advisory Commission to present its first year activities and proposed goals for 2007. The City Council was supportive of the Commissions direction and its efforts to develop positive relationships. The Commission's first year focused on education with regard to the operations of the airport, the businesses at the airport, the Final Agreement with MAC and its audit, the MAC and its operation and other items related to the airport as a part of the Eden Prairie Community. The 2007 Work Plan will move the Commission forward in a positive direction to address six main themes: 1. Education and information a) Continue to inform the public and other stakeholders about Flying Cloud Airport, the Commission and the MAC. b) Increase Commission visibility. c) Enhance the City's website with quality information about Flying Cloud Airport. 2. Noise and expansion a) Ensure comprehensive date is available to the public and other stakeholders. b) Continue to work with the MAC to monitor noise and expansion issues. City Council Meeting—Reports of Boards and Commissions Flying Cloud Airport Advisory Commission March 20, 2007 Page 2 3. Developing key relationships a) City Council/City Government, MAC, FAA, Citizens, Fixed Based Operators and other airport businesses, MnDOT Aeronautics, Chamber of Commerce, Hobbyists. 4. Monitoring the Final Agreement a) Work with MAC to ensure Final Agreement is met. b) Continue to review noise data. 5. Business development a) Present Flying Cloud Airport as a competitive advantage for the City. 6. Airport improvements a) Improve the existing hanger stock. b) Bring municipal sewer and water to the businesses on the field. c) Assist when and if the go-ahead is given on the runway expansion. d) Assist in MAC's Long Term Comprehensive Plan for the airport. Attachments 1. 2006 Annual Report 2. 2007 Work Plan 3. Minutes of February 20, 2007, Workshop Flying Cloud Airport Advisory Commission 2006 Report Purpose of this Document In order to facilitate the best possible communication between the new Flying Cloud Airport Advisory Commission and the City Council, the Commission has determined to write a report summarizing its first year. In the future, the Commission is planning to write reports to the City Council on a regular basis (if desired) and is very pleased about having an annual workshop with the City Council. Charter and 2006 Focus The Commission was chartered in 2006 by the City Council to "advise the City Council and the Metropolitan Airports Commission with regard to matters affecting the operation of Flying Cloud Airport." The Commission focused its first year on its education with regard to the operations of the airport, the businesses at the airport, the final agreement with MAC and its audit, the MAC and its operation and other items related to the airport as a part of the Eden Prairie community. Additionally and importantly, at each of its meetings, the Commission also reviewed all noise complaints sent to the MAC via telephone or the internet. As a part of its education effort, various Commission members and the Staff Liaison have taken part in numerous events: • Flying Cloud airport tour, including tower tour • Attendance at MBAA's Very Light Jet(VLJ) Day at ASI Jet Center at the air field • Tour of Minneapolis Community College's facility on the FCM property • Personal visit and tour with each business owner on the air field • Presentation regarding VLJs and their potential impact to FCM • Attendance at MAC award presentation of"Operator of the Year" at FCM to ASI Jet Center • Introductory meeting with MAC deputy executive director Tim Anderson and director of reliever airports Gary Schmidt at the MAC offices • Tour of NWA's Operations Center at MSP • Tour of MSP Tower and approach/departure control • Tour of Anoka County/Blaine, Crystal and St. Paul Holman airports and towers • Flight"around the reliever airports system" , including landings at each airport • Tour of the FAA's Farmington enroute air traffic control center • Attendance at numerous MAC Commission meetings and its various subcommittees The City Council charged the Commission with the following roles and responsibilities: A. Advise the Council and the Metropolitan Airports Commission with regard to matters affecting the operation of the Flying Cloud Airport, including: the classification of the airport under federal and state law; rules and regulations of federal and state agencies governing the operation of the Airport; the ongoing monitoring and implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance 51 between the City of Eden Prairie, Minnesota and Metropolitan Airports Commission, dated December 2002 (Final Agreement); other noise abatement methods to reduce the impact of aircraft noise on the community; and such other matters as the City Council may direct from time to time. B. Cooperate with the Metropolitan Airports Commission Staff in reviewing for the benefit of the Council matters affecting the use and control of the Flying Cloud Airport, including the Final Agreement, and shall make its recommendations to the Council and the Metropolitan Airports Commission upon request with regard to any proposal affecting the use or operation of Flying Cloud Airport. January 2007 Page 1 Flying Cloud Airport Advisory Commission 2006 Report The Commission reports the following noteworthy items relative to its roles and responsibilities above: • MAC adherence to the Final Agreement is on track • MAC Capital Improvement Plans (CIP) o Sewer and water work is in the MAC 2007 CIP as a 2008 project but as in previous years may remain unfunded. Pioneer Trail road work is also to begin in 2008. o The beginning of the runway expansion and south building projects are listed in the MAC's CIP for 2008, are unfunded at this point. o It is unclear to the Commission how the MAC will fund either of the above items. • All noise complaints sent by residents to MAC via telephone or the internet are recorded. Complaints are researched as thoroughly as possible. MAC reacts appropriately to the complaints. The Commission reviews MAC's Noise Complaint Report at each of its meetings. The Commission was pleased that the City Council agreed to the Commission's request to change the meeting frequency of the Commission from quarterly to bi-monthly. The Commissioners believe in taking the time to fully understand the range of issues facing the airport from all the various angles. The Commission strongly believes in its mission and is working hard on behalf of the City Council to educate itself to maximize its value to the City Council and city residents. 2007 Focus At its January meeting, the Commission discussed and agreed to its goals for 2007. Our plan is to continue our focus on providing education and information about FCM to various constituent groups, increase visibility of and communications from the Commission, continue to monitor the final agreement and suggest ways in which the City can take advantage of having the airport within its City limits. We look forward to the City Council Workshop on February 20, where we will review our 2007 plans and seek your input and direction so that we may best serve the City Council. Staff Support The Commission has enjoyed exceptionally good cooperation and support from the City Staff, especially its liaison, Scott Kipp. His exceptional knowledge and advice has greatly benefited the Commission. The Commission would also like to thank Carol Pelzel, the City recorder, for her tireless work on our behalf. The Commission would like to thank the MAC and it's regularly attending staff (Joe Harris, Scott Skramstad, Chad Leqve, Gary Schmidt), all of whom have been extremely supportive to us as we did our run up during our first year of operation. Finally, we are very encouraged by Mayor Young's desire to increase communication between the Mayor, City Council and the City's Commissions. We view this as an extremely positive development and look forward to playing our part. The Commission anticipates a highly productive 2007. Respectfully submitted, The Flying Cloud Airport Advisory Commission: Joe Harris, Jeff Larsen (vice chair), Greg McKewan, Mark Michelson, Rick King (chair), Scott Kipp (staff liaison), Kurt Schendel, and Brad Stratton. January 2007 Page 2 FLYING CLOUD AIRPORT ADVISORY COMMISSION 2007 WORK PLAN Flying Cloud Airport Advisory Commissio.r 2007 Commission Goals Education&Information " '' Monitor Final Agreement Relationships •Educate stakeholders -Cit Council/ -Work with the MAC to about FCM,the ensure Final Agreement is Commission and the MAC met •increase Commission •Citizens •Continue to review noise visibility via PR activities data c• -Enhance the City web site businesses with quality information about FCM(maps, •MriDOT Aeronautics information) -Chamber of Commerce Flying Cloud Airport Advisory Commis r' 2007 Commission Goals Business Development Improvements at FCM Noise 1 Expansion •FCM be presented as a •Improve the existing -Ensure comprehensive competitive advantage for hanger stock data is available to the the City •Bring water/sewer to the public and other businesses on the airfield stakeholders •Assist when and if the go- Continue to work with the ahead is given on the MAC to monitor noise and runway extensions expansion issues •Development of Long Term Comprehensive Plan for FCM APPROVED MINUTES JOINT CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COMMISSION WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, FEBRUARY 20, 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 FLYING CLOUD AIRPORT ADVISORY COMMISSION: Chair Richard King; Vice Chair Jeffrey Larsen; Commissioners Greg McKewen, Mark Michelson, Kurt Schendel, Bradley Stratton, and Joe Harris 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, Police Chief Rob Reynolds, Community Development Director Janet Jeremiah, Senior Planner Scott Kipp, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. PRESENTATION BY FLYING CLOUD AIRPORT ADVISORY COMMISSION Commission Chair Richard King began the PowerPoint presentation to Council with a recap of the commission's 2006 activities. Since 2006 was the commission's first year in existence much of the focus was on education on airport operations, the City's final agreement with MAC, and businesses at the airport. The commission also instituted an "Operator of the Year Award,"which went to ASI. At each meeting, the Commission also reviewed noise complaints. Commission members also attended MAC meetings, and toured both Flying Cloud Airport and NWA's operation center at MSP. King also outlined the commission's goals for 2007: • Educating and informing • Developing key relationships • Monitoring the final agreement • Encouraging business development • Encouraging improvements at the airport, including improving existing hangar stock • Monitoring noise data and expansion plans City Council Workshop Minutes Page 2 Commission member Mark Michelson provided an overview of airfield information, including traffic counts and noise complaints. Mayor Young said it appears the commission is fulfilling the mission set forth by the Council. He would like to see the positive aspects of the airport communicated more. He is also in favor of extension of water and sewer to the airport with MAC participation. Councilmember Aho said he also sees the airport as an amenity, particularly to the business community. He would also like to see the hangar stock at the airport improved. Councilmember Butcher said the airport is here to stay, so the City should find ways to help make it the best it can be. Councilmember Nelson said she has mixed feelings about the concept of"marketing"the airport, and that work on noise issues should continue. Councilmember Duckstad said he also is in favor of extending water and sewer to the airport and seeing businesses improve their hangars. Mayor Young suggested adding the Chamber of Commerce to the commission's list for developing positive relationships. Council Chamber II. OPEN FORUM Wade Wacholz—Mr. Wacholz thanked Council for their work on the rezoning of Bent Creek Golf Course. John Mallo—Mr. Mallo suggested that the City consider sending public hearing notices that involve parks located at schools to families with children attending the school. III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT City Council Workshop Flying Cloud Airport Advisory Commission February 20, 2007 EDEN PRAIRIE IIM1•NO>RS•DDUM Commission Charter and 2006 Focus • The Commission was chartered in 2006 by the City Council to "advise the City Council and the Metropolitan Airports Commission with regard to matters affecting the operation of Flying Cloud Airport" • The Commission focused its first year on its education with regard to the operations of the airport, the businesses at the airport, the final agreement with MAC and its audit, the MAC and its operation and other items related to the airport as a part of the Eden Prairie community. • Additionally and importantly, at each of its meetings, the Commission also reviewed all noise complaints sent to the MAC via telephone or the internet. 3 / (. EDEN PRAIRIE Flying Cloud Airport Advisory Commission 4 Education Efforts — A Key 2006 Focus Commission members and the Staff Liaison have taken part in numerous events • Tour of Flying Cloud Airport, Tower and all businesses and the school based on the airfield • Attendance at MBAA's Very Light Jet (VW) Day at ASI Jet Center; Presentation by MBAA regarding VLJs. • Tour of MSP Tower, approach/departure control, Minneapolis Enroute Center, and NWA's Operations Center at MSP • Attendance at numerous MAC Commission meetings and its various subcommittees; Introductory meeting with MAC deputy executive director Tim Anderson and director of reliever airports Gary Schmidt at the MAC offices R" • Attendance at MAC award presentation of "Operator of the EDEN Year" at FCM to ASI Jet Center PRAIRIE Flying Cloud Airport Advisory Commission s 4= • Noteworthy Items - 2006 • The Commission reports the following noteworthy items relative to its roles and responsibilities • MAC adherence to the Final Agreement is on track • MAC Capital Improvement Plans (CIP) • All noise complaints sent by residents to MAC via telephone or the internet are recorded. Complaints are researched as thoroughly as possible. MAC reacts appropriately to the complaints. The Commission reviews MAC's Noise Complaint Report at each of its meetings. EDEN PRAIRIE Flying Cloud Airport Advisory Commission I Y,.NpRR•pSli>• 6 Flying Cloud Airport Advisory Commission!f 2007 Commission Goals Develop Key Monitor Final Agreement Education Information Relationships 9 -Educate • stakeholders -City Council/City Gov't -Work with the MAC to about FCM.the -MAC ensure Final Agreement is Commission and the MAC -FAA met •Increase Commission -Citizens -Continue to review noise • visibility via PR activities data -FSQs/FCM-based -Enhance the City web site businesses with quality information about FCM(maps. •MnDDT Aeronautics information) -Chamber of Commerce •Hobbyists Flying Cloud Airport Advisory Commission 21e. 2007 Commission Goals Business Development Improvements at FCM Noise)Expansion •FCM be presented as a -Improve the existing •Ensure comprehensive competitive advantage for hanger stock data is available to the the City •Bring water/sewer to the public and other businesses on the airfield stakeholders -Assist when and if the go- -Continue to work with the ahead is given on the MAC to monitor noise and runway extensions expansion issues -Development of Long Term Comprehensive Plan for FCM CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.K. Office of the City Manager Second Amendment to the Third Restated Joint Powers Agreement between the City of Eden Prairie and SouthWest Transit Requested Action Move to: Approve the Second Amendment to the Third Restated Joint Powers Agreement between the City of Eden Prairie and SouthWest Transit. Synopsis The amendments to the Joint Powers Agreement include three changes. • First, the name has been changed to SouthWest Transit. This change has been discussed with the Commission and was put forward by the Executive Director to distinguish SouthWest Transit from the Metropolitan Transit Commission. The name is also stylized in the fashion of the current use by SouthWest. • The second change is the change from designation of the Executive Director to Chief Executive Officer/General Manager. This change reflects current practices in the transit community. The change is intended to make it easier for other transit agencies to understand the scope of authority of the person who is in that position. • The third change deals with indemnification. The First Amendment to the Third Restated Joint Powers Agreement also addressed indemnification based upon case law that made a member of a joint powers entity liable for actions of other members. The legislature provided an amendment to the joint powers statute during the 2006 legislative session. This amendment is intended to conform the Joint Powers Agreement to the statutory amendment. Attachments Agreement SECOND AMENDMENT TO THIRD RESTATED JOINT POWERS AGREEMENT This Second Amendment to Third Restated Joint Powers Agreement is made and entered into as of the day of , 2006, by and between the Cities of Chanhassen, Chaska and Eden Prairie, all being municipal corporations organized under the laws of the State of Minnesota, pursuant to authority conferred upon the parties by Minnesota Statutes §§ 174265, 473.384, 473.388, and/or 471.59 (the "Member Cities"). In consideration of the mutual covenants and agreements contained herein its is hereby agreed by and between the Cities of Chanhassen, Chaska and Eden Prairie through their respective City Councils that the Third Restated Joint Powers Agreement as amended by the First Amendment to the Third Restated Joint Powers Agreement (hereinafter collectively referred to as the "Agreement") is further amended as follows: 1. Section 1 of the Agreement shall read: "1.NAME: The Parties hereto hereby create and establish SouthWest Transit." ?. All references to "Southwest Metro Transit Commission" in the Agreement shall be changed to SouthWest Transit. 3. Section 6. e) and f). All references to Executive Director shall be changed to Chief Executive Officer/General Manager. 4. Section 7.e. is amended in its entirety as follows: e. Indemnification Limitation. The liability of each party for the acts or omission of another party is governed by Minnesota Statutes Section 471.59 Subd. la. Pursuant to Minnesota Statutes Section 471.59 Subd. la. no party to this Agreement is liable for the acts or omissions of another party, unless a party has agreed in writing to be responsible for the acts or omissions of another party. This Agreement does not constitute an agreement to be responsible for the acts or omission of another party. • IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing bodies, have caused this Second Amendment to Third Restated Joint Powers Agreement to be executed in accordance with the authority of Minnesota Statutes §471.59. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] SECOND AMENDMENT TO THIRD RESTATED JOINT POWERS AGREEMENT CITY OF CHASK.A By Its By Its Approved by the City Council of Chaska this day of , 2006. SECOND AMENDMENT TO THIRD RESTATED JOINT POWERS AGREEMENT CITY OF EDEN PRAIRIE By Its By Its Approved by the City Council of Eden Prairie this day of . 2006. P:llloniclSMTC-0622VOLN7POWX2N'D AMENDMENT TO 3RD RESTATED JPA.doc SECOND AMENDMENT TO THIRD RESTATED JOINT POWERS AGREEMENT CITY OF CHANH.ASSEN By Its By Its Approved by the City Council of Chanhassen this day of . 2006. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 06-5688 ITEM NO.: VIII.A. Leslie Stovring Public Hearing for the Discretionary Public Works/Environmental Environmental Assessment Worksheet for the Hennepin Village Roadway Alternatives Analysis Requested Action Move to: Close the public hearing. Synopsis The purpose of this public hearing is to solicit comments regarding the completeness of the Discretionary Environmental Assessment Worksheet(EAW) for the Hennepin Village Roadway Alternatives Analysis (commonly known as the Prospect Road EAW). The EAW will provide a basis for the City Council to make a decision regarding roadway alternatives, but the document itself is not intended to contain a final roadway recommendation. The EAW is only intended to present potential impacts and issues in a factual manner. The EAW evaluates six alternative access solutions for the developing area along Eden Prairie Rd. that is south of Riley Creek. It includes evaluation of alternatives for routing traffic either westerly to Dell Rd., easterly to Spring Rd. or improving the intersection of Eden Prairie Rd. and Flying Cloud Dr. After the public comment period closes on April 11, staff will present the final report to the Council and prepare a resolution addressing the findings resulting from the comments and final report. The City Council will receive the findings and resolution on May 1 for discussion of the EAW and the alternatives proposed within the EAW. Background Information The six alternatives evaluated in the EAW include: 1. Connect Dell Rd. to Eden Prairie Rd. by connecting Turnbull Rd. to Beverly Dr. 2. Connect Dell Rd. to Eden Prairie Rd. by connecting Turnbull Rd. to a new street south of and paralleling Beverly Dr. 3. Realign Eden Prairie Rd. to a new intersection on Spring Rd. 400 feet north of Flying Cloud Dr. 4. Realign Eden Prairie Rd. to a new intersection on Spring Rd. 100 feet north of Flying Cloud Dr. 5. Realign Eden Prairie Rd. to a new intersection on Flying Cloud Dr. 230 feet west of existing intersection 6. Connect Eden Prairie Rd. to Spring Rd. by extending Prospect Rd. west to Eden Prairie Rd. (Alternative would includes two options, a culvert crossing and construction of a bridge to cross Riley Creek) Alternative 6 was developed in 2001 and approved by the City Council on February 19, 2002, as part of the overall Hennepin Village development project. A preliminary design for the culvert crossing discussed within Alternative 6 was provided by the Developer as part of the Oak Creek at Hennepin Village development project. Roadway design for Alternates 1 though 5 and the bridge crossing proposed as part of Alternative 6 occurred for development of the EAW and design parameters such as roadway widths, cross section, alignment, grades, earthwork, and utility design are conceptual only. Construction of Alternatives 1 through 5 would utilize typical municipal roadway construction techniques under a public construction contract. Alternative 6 with a culvert crossing would be constructed under an agreement with a developer. If a bridge were utilized in Alternative 6, the costs associated with this option would need to be evaluated and payment for the option would need to be determined. EAW Requirement There are criteria established in the environmental review rules that make an EAW mandatory for many types of projects. These criteria are called"mandatory thresholds" and are listed in MN Rule 4410.4300 and 4410.4400. This project did not require an EAW based on these criteria. The City of Eden Prairie proceeded to evaluate the roadway alternatives through an EAW in response to concerns raised regarding the project. As such, the EAW is considered discretionary. EAW Process The EAW is a document designed to provide a brief analysis of the potential environmental impacts to help the RGU determine whether an EIS is necessary. The EAW is not meant to approve or disapprove a project, but is simply a source of information to guide other approvals and permitting decisions. Comments are to address the accuracy and completeness of the material contained in the EAW,potential impacts that warrant further investigation before the project is commenced, and the need for an Environmental Impact Statement(EIS). The Discretionary EAW document was prepared by a consultant under the direction of the City. City staff reviewed the document and sent it to the Environmental Quality Board(EQB) for publication in the EQB Monitor. The EAW is also sent to a list of agencies as required by statute including but not limited to the Department of Natural Resources (DNR), Pollution Control Agency (PCA), Minnesota Department of Health(MDH), Minnesota Department of Transportation (MnDOT), Environmental Protection Agency (EPA),U.S. Fish and Wildlife and the Watershed Districts within the construction area. From the date of publication there is a 30-day period to receive comments from the required agencies or other interested parities. This review period began on March 12, 2007, and expires on April 11, 2007. Mitigation Measures Mitigation measures were developed for potential impacts identified within the EAW based on the needs of the corridor chosen. They include measures such as: • Reforest cleared areas where feasible • Provide compensatory storage for floodplain areas filled by the project as needed • Mitigate or replace filled wetlands as needed • Design and incorporate temporary settling basin(s) to treat any temporary dewatering discharges due to creek crossing construction • Ensure compliance with the City's stormwater management ordinance, the Minnesota Pollution Control Agency's (MPCA) stormwater pollution prevention program and Watershed District requirements. • Incorporate infiltration, including rainwater gardens, grassed swales or stormwater ponds, to remove nutrients and sediment and reduce thermal loads to water resources • Prepare and implement a stormwater pollution prevention program that includes best management practices for solid waste, hazardous waste and spill management • Maximize use of infiltration where possible, while maximizing treatment prior to transport to the surficial groundwater. Further Evaluation or Investigation Needs Staff would recommend the additional evaluation or investigation depending on the Alternative selected for construction. They would include: • Conduct an evaluation for special concern, threatened or endangered species within the selected corridor and prepare plans to avoid or minimize impacts to the identified species in conjunction with the DNR • Evaluate use of a bridge crossing (Alternative 6)to determine if it would significantly reduce impacts to upstream migration of fish, if needed • Evaluate stormwater treatment alternatives and their potential impacts to resources (including fish, wildlife, ecologically sensitive, water and archeological resources) within the selected corridor • Evaluate construction of a bridge crossing (Alternative 6)to determine costs, construction limitations and whether it would significantly reduce impacts to the floodplain and/or wetlands within the crossing area • Evaluate culvert sizing to minimize increases in creek surface elevations and velocity impacts to the creek(Alternative 6) • Conduct an archeological study and prepare a mitigation plan as needed(Alternatives 1 through 4) for any areas within the construction limits prior to development of construction plans • Conduct further analysis to evaluate groundwater flow towards Frederick-Miller Spring as needed(Alternatives 1 through 5) Attachments Attachment I—Environmental Assessment Worksheet(EAW) Attachment II—EAW Appendix A Revised 2/05 ENVIRONMENTAL ASSESSMENT WORKSHEET 30 Day Comment Period DRAFT Note to preparers: This form is available at http://www.egb.state.nm.us. EAW Guidelines will be available in Spring 1999 at the web site.The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects.The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared.The project proposer must supply any reasonably accessible data for—but should not complete—the final worksheet. If a complete answer does not fit in the space allotted,attach additional sheets as necessary. The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor.Comments should address the accuracy and completeness of information,potential impacts that warrant further investigation and the need for an EIS. 1. Project title Hennepin Village Roadway Alternatives 2. Proposer: City of Eden Prairie,Minnesota 3. RGU: City of Eden Prairie,Minnesota Contact person: Mr. Gene Dietz,P.E. Contact person: Mr. Scott Neal Title : Director of Public Works Title: City Manager Address : 8080 Mitchell Road Address: 8080 Mitchell Road City, state,ZIP: Eden Prairie,MN 55344 City, state,ZIP: Eden Prairie,MN 55344 Phone: 952-949-8310 Phone: 952-949-8300 Fax: 952-949-8326 Fax: 952-949-8326 E-mail: gdietz@edenprairie.org E-mail: communications@edenprairie.org 4. Reason for EAW preparation (check one) EIS Mandatory Citizen RGU Proposer Scoping EAW Petition Discretion _X_ Volunteered If EAW or EIS is mandatory give EQB rule category subpart number and name 5. Project location County: Hennepin City/Township: Eden Prairie NE,NW,SW '/a Section 29 Township 116N Range 22W Attachments to the EAW: Figure 1. County map showing the general location of the project. Figure 2. U.S.Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries. Figure 3. Aerial photo showing proposed roadway alternatives. Figure 4. Map of areas with steep slopes. Figure 5. Minnesota Department of Natural Resources(DNR)Natural Heritage Database Review Letter. Figure 6. Minnesota State Archeologist's Office Letter. Appendix A. Traffic Study. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 1 6. Description a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The City of Eden Prairie is considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive. Six roadway alternates are being considered to provide for traffic flow and adequate emergency access. One of the alternates is a new crossing of Riley Creek upstream of Miller Spring. b. Give a complete description of the proposed project and related new construction.Attach additional sheets as necessary.Emphasize construction,operation methods and features that will cause physical manipulation of the environment or will produce wastes.Include modifications to existing equipment or industrial processes and significant demolition,removal or remodeling of existing structures.Indicate the timing and duration of construction activities. The City of Eden Prairie is considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive. To provide for access to Flying Cloud Drive, a continuous roadway system,and emergency access,the city proposes to construct an alternate route. For this analysis,it is assumed that Alternates 1,2,and 6 would include the closure of the intersection of Eden Prairie Road and Flying Cloud Drive. Figure 3 illustrates the following proposed roadway alternates: 1. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to Beverly Drive 2. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to a new street south of and paralleling Beverly Drive 3. Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive 4. Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive 5. Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection 6. Connect Eden Prairie Road to Spring Road by extending Prospect Road west to Eden Prairie Road Construction would proceed using typical municipal roadway construction techniques,as either a public construction contract(Alternates 1 through 5)or by agreement with a developer(Alternate 6). Minimal roadway design for Alternates 1 though 5 has occurred,and design parameters such as roadway widths,cross section, alignment,grades,earthwork,and utility design have not been determined or determined only conceptually. A preliminary design by a developer has been proposed for Alternate 6. c. Explain the project purpose;if the project will be carried out by a governmental unit,explain the need for the project and identify its beneficiaries. The southbound Eden Prairie Road approach to its intersection with Flying Cloud Drive is steep and winds down the bluff to the Minnesota River. The roadway is curved and sloped,and is difficult to maintain in the winter. It has been the location of several accidents. There are numerous residential properties on Eden Prairie Road, Beverly Drive,and a developing area off of Sky Lane that rely on Eden Prairie Road for access to Flying Cloud Drive or as a secondary emergency access to the area. Closure of the intersection would require an alternate east-west connection to either Spring Road to the east or Dell Road to the west to provide that access. It may also be possible to reroute Eden Prairie Road on an alternate alignment down the bluff. A sound roadway system with multiple routes to developed areas is critical for effective emergency response. The creation or maintenance of long cul-de-sacs is undesirable. If Eden Prairie Road is closed,as it would be under Alternates 1,2,and 6,additional access to and from this area should be provided. In Alternates 1 and 2, the additional access is provided through the Turnbull Road extension to connect to Dell Road. Alternate 6 would extend Prospect Road to Eden Prairie Road,providing a new connection to Spring Road and improving public safety and transportation access to the existing residential area west of Spring Road at Prospect Road, which currently has only a single access point. Alternates 3,4,and 5 continue to utilize Eden Prairie Road for additional access. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 2 A continuous roadway network is also important for effective road maintenance operations,including snowplowing and emergency repairs. Alternates 1 and 2 provide a new connection to Dell Road,which helps connect the study area with the area to the west. Alternates 3,4,and 5 continue to use Eden Prairie Road as a connecting road through the study area. Alternate 6 creates a cul-de-sac on Eden Prairie Road while eliminating a dead end on Prospect Road,creating a new connection to Spring Road. d. Are future stages of this development including development on any outlots planned or likely to happen? Yes _x_No If yes,briefly describe future stages,relationship to present project,timeline and plans for environmental review. The proposed project is a roadway project,not a development. e. Is this project a subsequent stage of an earlier project? _Yes _x_No If yes,briefly describe the past development,timeline and any past environmental review. Part of this study area was considered in the 2001 Charlson,Brown,&Standal Properties Alternative Urban Areawide Review(AUAR). This AUAR evaluated the impacts of a 318 acre multi-use development to the east of Alternates 3 through 6,including an extensive review of traffic impacts in the area and required roadway upgrades. The roadway improvements evaluated in this EAW were not considered in that AUAR. This EAW considers only the six roadway alternates detailed above and does not evaluate planned development in the study area. This EAW assumes the proposed Oak Creek at Hennepin Village and development west of Eden Prairie Road,north of Beverly Drive,off Sky Lane is in place. 7. Project magnitude data Total project acreage or Length Number of residential units: Unattached Attached maximum units per building Commercial,industrial or institutional building area(gross floor space):total square feet Indicate areas of specific uses(in square feet): Office Manufacturing Retail Other industrial Warehouse Institutional Light industrial Agricultural Other commercial(specify) Building height If over 2 stories,compare to heights of nearby buildings Alternate Roadway Length Impact Area* (feet) (acre) 1 —Extend and connect Turnbull to Beverly Drive 4,650 9.35 2—Extend and connect Turnbull to a new street south of 4,270 8.46 and paralleling Beverly Dr 3—Realign Eden Prairie Road to a new intersection on 1,900 6.74 Spring Road 400 feet north of Flying Cloud Drive 4-Realign Eden Prairie Road to a new intersection on 1,910 6.15 Spring Road 100 feet north of Flying Cloud Drive 5—Realign Eden Prairie Road to a new intersection on 1,630 6.03 Flying Cloud Drive 230 feet west of existing intersection 6—Extend Prospect Road west to Eden Prairie Road 1,385 2.16 *Impact area is the area within the estimated construction limits,including roadway bed and adjacent grading. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 3 8. Permits and approvals required.List all known local, state and federal permits,approvals and financial assistance for the project.Include modifications of any existing permits,governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees,Tax Increment Financing and infrastructure. Unit of government Type of application Status MPCA National Pollutant Discharge To be obtained Elimination System(NPDES)— General Stormwater Construction Permit Riley-Purgatory-Bluff Creek Permit Review To be obtained Watershed District MnDNR Public Waters Work Permit To be obtained USACOE Section 404 Permit To be obtained 9. Land use.Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses.Indicate whether any potential conflicts involve environmental matters.Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks,or proximity to nearby hazardous liquid or gas pipelines. Current and recent land use in the alternative corridors is primarily low density single family residential and open space. The Alternate 2 corridor includes some agricultural,animal pasturage,and undeveloped land. The Alternate 6 corridor is a former golf course,and golf cart track and a culvert crossing of Riley Creek remain from that development. No known environmental hazards are present in the corridors.This area is currently zoned for large-lot(one unit per 10 acres)single family development. The Comprehensive Guide Plan envisions the area of Alternates One through Five as low-density residential(0-2.5 units per acre). The area of Alternate 6 is guided as medium density residential,2.5-10 units per acre. The areas immediately adjacent to Riley Creek are guided as Park and Open Space. The proposed use of land in these corridors for local road right of way is consistent with those land uses,as local roads are necessary to provide access to residential land use for transportation,maintenance,and emergency services. 10. Cover types.Estimate the acreage of the site with each of the following cover types before and after development: For purposes of estimating land cover post construction,the following assumptions were made: • Roadway width would be 30 feet. • Areas with existing turf grass would be restored with turf grass where possible. • Roadway side slopes in wooded or brush/grassland areas would be restored with native grassland vegetation. • It may be possible to reforest some of the side slope areas to mitigate tree loss in areas that would be converted from wooded to grassland,but no attempt was made to estimate how much could be accomplished. Alternate 1:Extend and connect Turnbull Road to Beverly Drive. Before After Before After Types 1-8 wetlands - - Lawn/landscaping 4.10 3.66 Wooded forest 3.42 - Impervious surfaces 1.83 3.20 Brush/grassland - 2.49 Other(describe) - - Cropland - - TOTAL 9.35 9.35 Hennepin Village Roadway Alternatives EAW DRAFT December 2006 4 Alternate 2:Extend and connect Turnbull Road to a new street south of and paralleling Beverly Drive. Before After Before After Types 1-8 wetlands - - Lawn/landscaping 1.50 1.00 Wooded forest 6.47 - Impervious surfaces 0.49 2.94 Brush/grassland - 4.52 Other(describe) - - Cropland - - TOTAL 8.46 8.46 Alternate 3:Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive (acres). Before After Before After Types 1-8 wetlands - - Lawn/landscaping 0.20 Wooded forest 5.89 1.10 Impervious surfaces 0.65 1.31 Brush/grassland - 4.33 Other(describe) - - Cropland - TOTAL 6.74 6.74 Alternate 4:Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive. Before After Before After Types 1-8 wetlands - - Lawn/landscaping 0.15 - Wooded forest 2.15 0.10 Impervious surfaces 0.60 1.32 Brush/grassland 1.23 2.83 Other(dry prairie) 2.02 1.90 Cropland - - TOTAL 6.15 6.15 Alternate 5:Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection. Before After _ Before After Types 1-8 wetlands - - Lawn/landscaping - - Wooded forest 4.18 1.00 Impervious surfaces - 1.12 Brush/grassland - 2.56 Other(dry prairie) 1.85 1.35 Cropland - - TOTAL 6.03 6.03 Alternative 6:Extend Prospect Road west to Eden Prairie Road. I Before After Before After Types 1-8 wetlands 0.06 0.06 Lawn/landscaping - - Wooded forest - - Impervious surfaces - 0.95 Brush/grassland 2.10 1.15 Other(describe) - - Cropland - - TOTAL 2.16 2.16 11. Fish,wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project.Describe any measures to be taken to minimize or avoid impacts. Alternates 1 though 5 would require the removal of existing forest and woodlands and would replace them with impervious surface and grassland,reducing wooded habitat and replacing it with tall grass habitat. For each of the alternates,tree removals would be a small percent of the existing wooded habitat,so it is unlikely that these removals would have more than a temporary impact on overall habitat availability. Restoration following construction could include reforestation where possible,mitigating some of the tree loss. Alternates 3,4,and 5 would create a new cleared pathway through existing woodland or grassland,fragmenting habitat and creating a potential barrier for some types of wildlife migration. No mitigation measures are proposed. Hennepin Village Roadway Alternatives EAW D R A F T December 2006 5 Alternate 6 is proposed as two alternates: a culvert crossing or a bridge crossing of Riley Creek. Riley Creek is home to various aquatic life typical of disturbed urban warm water streams(MCES,2005;DNR,2003). A bridge crossing is ecologically preferable as it minimizes the potential to impede upstream migration by fish and macroinvertebrates and provides a path for other wildlife to move from one side of the road to the other without crossing traffic. However,just upstream of the proposed crossing is a DNR carp barrier. Any barrier to fish movement that might result from the proposed culvert option would be inconsequential as the carp barrier already effectively limits upstream migration. The estimated increase in stormwater runoff volume from roadway new impervious surface(see#17 below)is small relative to existing subwatershed volume, so it is unlikely that any of the alternates would result in increased flow or velocities in Riley Creek that might affect the biota or impact the channel form. The estimated increase in pollutant loading(see#17 below)is small relative to existing loading, and would be further reduced by stormwater treatment. The fish community monitored by the DNR at locations upstream and downstream of the proposed Alternate 6 crossing is composed of common species that are pollution-tolerant. No pollution-intolerant species were identified at those locations. The macroinvertebrate community monitored at the Watershed Outlet Monitoring Program(WOMP)station at Flying Cloud Drive downstream is composed of pollution-tolerant species. No pollution-intolerant species were identified at that location. While the fish and macroinvertebrate collections were not completed at the point where Alternate 6 would be expected to cross,it is likely the communities at that location are similar in composition to the sampled locations. No water quality-related impacts are expected to the biotic community. The new crossing and a proposed permanent NURP water quality pond south and west of the creek crossing may result in a redirection of local groundwater that presently discharges to Riley Creek through a series of springs,several of which have been delineated in the vicinity of the proposed crossing. The northern extent of springs tributary to Riley Creek is not fully delineated,however,it most likely follows the depth to bedrock contour 51-100 shown in the Hennepin County Geologic Atlas. The slight increase in runoff and the redirection of local groundwater to ponds may result in slightly higher temperatures of discharge to Riley Creek. However, those impacts would be extremely localized,and input from springs immediately downstream would mitigate any minor thermal impacts that might occur. No temperature-intolerant species are known to be present in Riley Creek. Discussion with DNR Fisheries staff(Ellison,pers.comm. 2006)and the most recent DNR fish survey(DNR,2003)indicate that Riley Creek is unlikely to support a cold-water community. b. Are any state-listed(endangered,threatened or special concern)species,rare plant communities or other sensitive ecological resources such as native prairie habitat,colonial waterbird nesting colonies or regionally rare plant communities on or near the site? _X_Yes No If yes,describe the resource and how it would be affected by the project.Indicate if a site survey of the resources has been conducted and describe the results.If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number: ERDB 20070339.Describe measures to minimize or avoid adverse impacts. Alternates 3,4,and 5 pass through an area that has been identified by the Minnesota County Biological Survey as a"Site of Biodiversity Significance." Sites of Biodiversity Significance are areas with varying levels of native biodiversity that may contain high-quality plant communities,rare plants,rare animals,and/or animal aggregations. Designation as such does not necessarily mean that all these features have been found in that location,but that the size and limited disturbance of such areas makes it more likely that such features exist or could be supported. The DNR Natural Heritage and Nongame Research program database records an occurrence of Rhombic-Petaled Evening Primrose,a Special Concern plant species,in the vicinity of Alternates 3,4,and 5. No site survey has been conducted in the vicinity of those alternates to evaluate for that or any other species,as this EAW was prepared outside of the growing season. The Alternates 3,4,and 5 area also contains dry sand-gravel prairie and pin-oak-bur oak native plant communities. The DNR recommends avoiding impacts to this ecologically significant area(see attached DNR letter). Hennepin Village Roadway Alternatives EAW DRAFT December 2006 6 If Alternates 3,4,or 5 were to be pursued further,a more detailed,growing season site analysis must be conducted to determine whether Rhombic-Petaled Evening Primrose or other threatened or endangered species are present within the proposed construction limits. If found,the DNR must be consulted to develop a plan for avoiding impacts to these protected species. The DNR should also be consulted to develop a plan to minimize impacts to the ecologically sensitive native plant communities. A site assessment performed in the vicinity of Alternate 6 identified a community of Kitten-tails,a threatened species. A site survey performed by the delineator identified the limits of the community area,which is outside the expected construction limits for that alternate. If Alternate 6 is pursued,the DNR should be consulted to determine the preferred method of protecting the community from possible construction impacts. 12. Physical impacts on water resources.Will the project involve the physical or hydrologic alteration— dredging,filling,stream diversion,outfall structure,diking, and impoundment—of any surface waters such as a lake,pond,wetland, stream or drainage ditch? _X_Yes __No If yes,identify water resource affected and give the DNR Protected Waters Inventory number(s)if the water resources affected are on the PWI: Riley Creek.Describe alternatives considered and proposed mitigation measures to minimize impacts. One of the roadway alternates,the Prospect Road extension,would require a crossing of Riley Creek,and has two sub-alternates: a culvert crossing,and a bridge crossing. The culvert crossing option would require some temporary stream diversion during construction. The culvert would be sized to minimize increases to water surface elevations of Riley Creek and to minimize velocity impacts. Filling within the floodway and flood fringe is likely to be necessary to construct this option. Any floodplain fill would be mitigated with compensatory storage. A bridge crossing would be unlikely to impact water surface elevations or velocities. The riverine wetland of Riley Creek has been delineated. Alternate 6 has two sub-alternates: a culvert crossing and a bridge crossing. A culvert crossing would likely impact this wetland,and a mitigation plan developed and approved. A bridge crossing is more likely to avoid impacting this wetland. 13. Water use.Will the project involve installation or abandonment of any water wells,connection to or changes in any public water supply or appropriation of any ground or surface water(including dewatering)? _X_Yes No If yes,as applicable,give location and purpose of any new wells;public supply affected,changes to be made,and water quantities to be used;the source,duration,quantity and purpose of any appropriations;and unique well numbers and DNR appropriation permit numbers,if known.Identify any existing and new wells on the site map.If there are no wells known on site,explain methodology used to determine. Alternate 6,the Prospect Road extension,would require a crossing of Riley Creek,and has two sub-alternates: a culvert crossing,and a bridge crossing. Either option may require temporary dewatering to construct bridge footings or to install the new culvert. Temporary dewatering discharges would be pretreated in a temporary settling basin prior to discharge to Riley Creek. 14. Water-related land use management district. Does any part of the project involve a shoreland zoning district,a delineated 100-year flood plain,or a state or federally designated wild or scenic river land use district? _X_Yes No If yes,identify the district and discuss project compatibility with district land use restrictions. Alternate 6 would cross a shoreland zoning district and Shore Impact Zone for Riley Creek,as well as cross the delineated 100-year floodplain for Riley Creek.Roadways may be placed in the Shore Impact Zone provided the conditions of the city's zoning code are met. Section 11.50 Subd. 12(c)requires roads to be set back at least 50 feet from the Ordinary High Water Level. A crossing by definition must cross through the Shore Impact Zone and across the water body. The City Council must evaluate whether a waiver from this requirement should be granted based on the need for road construction. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 7 Alternate 6 also crosses the 100-year(one percent chance)floodplain. The City's regulatory flood elevation is two feet above the 100-year frequency flood level. The bridge option of Alternate 6 should be designed such that the low chord elevation is at least two feet above that elevation. The road surface elevation of the culvert option should be at least two feet above the 100-year flood level. Floodplain fill may be required to construct either of these options. Floodplain fill is allowable if it is mitigated with compensatory storage and does not raise the flood stage of the regional flood event by more than 0.5 feet. Preliminary analysis of the culvert option performed by the developer of adjacent lands indicates that option would not raise the flood stage by more than 0.5 feet. 15. Water surface use.Will the project change the number or type of watercraft on any water body? _Yes _x_No If yes,indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. N/A 16. Erosion and sedimentation.Give the acreage to be graded or excavated and the cubic yards of soil to be moved. Describe any steep slopes or highly erodible soils and identify them on the site map.Describe any erosion and sedimentation control measures to be used during and after project construction. Figure 4 indicates areas determined by Hennepin County to have slopes in excess of 18 percent. Alternates 3,4, 5,and 6 all cross areas of steep slopes. Erosion and sedimentation control measures during and after construction consistent with the city's stormwater management ordinance would be developed as part of the construction plans and specifications,but likely would include Best Management Practices(BMPs)such as temporary and permanent vegetated slopes;double or reinforced silt fence;biologs;erosion control fabric;bale checks;and temporary sediment basins. Alternate Grading Area Estimated Cubic Yards (acre) of Soil to be Moved 1 —Extend and connect Turnbull to Beverly Drive 9.35 45,200 2—Extend and connect Turnbull to a new street south of 8.46 41,000 and paralleling Beverly Dr 3—Realign Eden Prairie Road to a new intersection on 6.74 65,200 Spring Road 400 feet north of Flying Cloud Drive 4-Realign Eden Prairie Road to a new intersection on 6.15 59,500 Spring Road 100 feet north of Flying Cloud Drive 5—Realign Eden Prairie Road to a new intersection on 6.03 58,300 Flying Cloud Drive 230 feet west of existing intersection 6—Extend Prospect Road west to Eden Prairie Road 2.16 15,600 17. Water quality:surface water runoff a. Compare the quantity and quality of site runoff before and after the project.Describe permanent controls to manage or treat runoff. Describe any stormwater pollution prevention plans. The estimated increase in stormwater runoff volume and phosphorus and sediment export from existing conditions is small relative to subwatershed volume and loading. Runoff from Alternate 6 is proposed to be detained and treated in a stormwater detention pond prior to discharge to Riley Creek,which would Hennepin Village Roadway Alternatives EAW DRAFT December 2006 8 significantly reduce phosphorus and sediment export shown in the table below. Alternate 6 would discharge directly to Riley Creek.If this alternate were implemented,ice control on the roadway would be limited to sand or a salt/sand mix to minimize chloride contributions to the creek. No specific Best Management Practices have yet been determined for Alternates 1 through 5,however,incorporation of alternative stormwater management techniques such as rain gardens and grassed swales could be incorporated into construction and provide infiltration and treatment for small events. According to the Minnesota State Stormwater Manual(MPCA, 2006),these small events result in 60-70 percent of the annual pollutant loading. Percent Increase Percent Increase Alternate in Impervious Percent Increase in Phosphorus Area of Tributary in Runoff Volume Subwatershed Export 1 —Extend and connect Turnbull to Beverly 1.4% 0.058% 2.0% Drive 2—Extend and connect Turnbull to a new 0.3% 0.007% 0.3% street south of and paralleling Beverly Dr 3—Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of 0.1% 0.003% 0.1% Flying Cloud Drive 4-Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of 0.1% 0.003% 0.1% Flying Cloud Drive 5—Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet 0.1% 0.005% 0.1% west of existing intersection 6—Extend Prospect Road west to Eden Prairie 2.7% 0.308% 2.6% Road b. Identify routes and receiving water bodies for runoff from the site;include major downstream water bodies as well as the immediate receiving waters.Estimate impact runoff on the quality of receiving waters. Alternates 1,2,and 6 drain to Riley Creek and then to the Minnesota River. Alternates 3,4,and 5 drain in part to Riley Creek and then the River,and in part directly to the Minnesota River. Incorporation of Best Management Practices into any of the six alternates would reduce the small increased volume and pollutant loading(see above)such that impact on downstream water quality would be negligible. 18. Water quality:wastewaters a. Describe sources,composition and quantities of all sanitary,municipal and industrial wastewater produced or treated at the site. None. b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment.Identify receiving waters,including major downstream water bodies,and estimate the discharge impact on the quality of receiving waters.If the project involves on-site sewage systems,discuss the suitability of site conditions for such systems. None. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 9 c. If wastes will be discharged into a publicly owned treatment facility,identify the facility,describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. None. d. If the project requires disposal of liquid animal manure,describe disposal technique and location and discuss capacity to handle the volume and composition of manure.Identify any improvements necessary.Describe any required setbacks for land disposal systems. None. 19. Geologic hazards and soil conditions a. Approximate depth(in feet)to ground water. To bedrock. Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes,shallow limestone formations or karst conditions.Describe measures to avoid or minimize environmental problems due to any of these hazards. No sinkholes, shallow limestone formations,or karst conditions are known to be present in the study area. The Hennepin County Geologic Atlas indicates that the study area is sensitive to groundwater pollution due to the shallow depth of fractured bedrock aquifers in the area. The construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES)construction permit and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste,and spill management. Post construction stormwater runoff would be pretreated prior to discharge into surface waters. Infiltration areas would be designed to maximize treatment prior to infiltration into surficial groundwater. Alternate Depth to Bedrock Depth to Water Table 1 and 2 150-250 feet 10-20 feet 3 and 4 100-250 feet 10-20 feet 5 200-300 feet 10-20 feet 6 100-200 feet 0-20 feet Source: Hennepin County Geologic Atlas 20. Solid wastes,hazardous wastes,storage tanks a. Describe types,amounts and compositions of solid or hazardous wastes,including solid animal manure, sludge and ash,produced during construction and operation.Identify method and location of disposal.For projects generating municipal solid waste,indicate if there is a source separation plan;describe how the project will be modified for recycling.If hazardous waste is generated,indicate if there is a hazardous waste minimization plan and routine hazardous waste reduction assessments. Construction equipment may be sources of petroleum product,hydraulic fluid,or other leakage or spills during construction of any of the alternates. The construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES)construction permit and a Land Alteration Permit,and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste,and spill management. Solid waste may be generated during construction,including materials such as asphalt and concrete debris,packaging,and incidental debris such as cans,bottles,and paper. Any materials removed by demolition,such as pavement or utility structures,would be removed offsite or recycled in place. The contractor would be required to use good site housekeeping practices during operation to minimize debris being washed or blown off the site,and to properly dispose of all waste. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 10 b. Describe the soils on the site,giving NRCS(SCS)classifications,if known.Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils.Discuss any mitigation measures to prevent such contamination. Soils in the study area are all well drained sand and loam with moderate to good permeability with the exception of soils immediately adjacent to Riley Creek,which are fine sandy loam with poor permeability. Soils are generally of Hydrologic Soil Group(HSG)A or B,indicating a high to moderate rate of transmission of water or liquids spilled on site. To minimize potential groundwater contamination the construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES) construction permit and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste,and spill management. Alternate Soil Type Soil Characteristics 1 and 2 L70C2 Lester-Malardi complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded L47B Eden Prairie sandy loam,2-6%slopes Well to excessively drained sandy loam,HSG B L22C2 Lester loam,morainic,6-12%slopes,eroded Well drained loam,HSG B L70D2 Lester-Malardi complex, 12-18%slopes, Well drained loam,HSG B eroded L2B Malardi-Hawick complex, 1-6%slopes Excessively drained sandy loam,HSG B L2C Malardi-Hawick complex,6-12%slopes Well to excessively drained sandy loam to loamy sand, HSG A to B L6OB Angus-Moon complex,2-5%slopes Well drained loam to loamy fine sand,HSG B 3 L70C2 Lester-Malardi complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A L32D Hawick loamy sand, 12-18%slopes Excessively drained loamy sand,HSG A 4 L70C2 Lester-Malardi complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded L4C Crowfork loamy sand,6-12%slopes Excessively drained loamy sand,HSG A L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A LAD Crowfork loamy sand, 12-18%slopes Excessively drained loamy sand,HSG A 5 L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A L22F Lester loam,morainic,25-35%slopes Well drained loam,HSG B L70C2 Lester-Malardi Complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded 6 L2C Malardi-Hawick 6-12%slopes Excessively drained sandy loam,HSG B L2D Malardi-Hawick 12-18%slopes Well to excessively drained sandy loam,HSG B L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A _ L32D Hawick loamy sand, 12-18%slopes Excessively drained loamy sand,HSG A L47C Eden Prairie sandy loam,6-12%slopes Somewhat excessively drained loamy sand,HSG B L28A Suckercreek fine sandy loam,0-2%slopes, Poorly drained fine sandy loam,HSG D occasionally flooded,hydric Source: Natural Resources Conservation Service,Hennepin County Soil Survey. HSG=Hydrologic Soil Group. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater.If the use of toxic or hazardous materials will lead to a regulated waste,discharge or emission,discuss any alternatives considered to minimize or eliminate the waste,discharge or emission. Construction equipment may be sources of petroleum product,hydraulic fluid,or other leakage or spills during construction of any of the alternates. The construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES)construction permit and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste, and spill management. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 11 c. Indicate the number,location,size and use of any above or below ground tanks to store petroleum products or other materials,except water.Describe any emergency response containment plans. None. 21. Traffic.Parking spaces added . Existing spaces(if project involves expansion) . Estimated total average daily traffic generated .Estimated maximum peak hour traffic generated(if known) and time of occurrence .Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. The proposed project would not generate new traffic,but would reroute existing and future traffic. The attached Appendix A, Traffic Impact Study for Hennepin Village Roadway Alternatives, details the expected traffic impacts on study area streets. Weekday daily volumes were developed for the roadway network within the study area,and weekday a.m. and p.m.peak hour traffic volumes were developed for the Spring Road/Prospect Road intersection. The following scenarios were modeled: 2006 Existing,2008 No-Build,and 2008 Build. The 2008 No-Build scenario assumes that none of the six alternates would be built,but that the Oak Creek at Hennepin Village development and the development in the area west of Eden Prairie Road,north of Beverly Drive,off Sky Lane would be built. Appendix A provides detailed projected traffic counts at key intersections for each scenario. The traffic analysis concludes that: • All movements at the Spring Road/Prospect Road intersection operate at Level of Service B or better for all scenarios for all roadway alternates. Additional capacity exists to accommodate future residential development in the study area. • Daily volumes on the surrounding roadway system vary depending on the roadway alternative. All volumes are within ranges expected for these types of roadways. No operational or safety issues would be anticipated from these volumes. • All of the roadway alternatives provide additional emergency assess to the area through roadway extensions and removal of dead ends. • All of the roadway alternatives provide additional road maintenance access for snow plowing and emergency repairs through roadway extensions and removal of dead ends. 22. Vehicle-related air emissions.Estimate the effect of the project's traffic generation on air quality,including carbon monoxide levels.Discuss the effect of traffic improvements or other mitigation measures on air quality impacts.Note: If the project involves 500 or more parking spaces,consult EAW Guidelines about whether a detailed air quality analysis is needed. The project will not generate new traffic,so no new emissions are expected. 23. Stationary source air emissions.Describe the type, sources,quantities and compositions of any emissions from stationary sources of air emissions such as boilers,exhaust stacks or fugitive dust sources.Include any hazardous air pollutants(consult EAW Guidelines for a listing)and any greenhouse gases(such as carbon dioxide,methane,nitrous oxide)and ozone-depleting chemicals(chloro-fluorocarbons,hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride).Also describe any proposed pollution prevention techniques and proposed air pollution control devices.Describe the impacts on air quality. The project will not generate stationary source air emissions. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 12 24. Odors,noise and dust.Will the project generate odors,noise or dust during construction or during operation? _x_Yes _No If yes,describe sources,characteristics,duration,quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them.Discuss potential impacts on human health or quality of life. (Note:fugitive dust generated by operations may be discussed at item 23 instead of here.) Temporary and transient odors,noise,and dust would likely be generated during construction. The construction contractor would be required to operate within the city's noise ordinance limiting hours of construction. The construction specifications would include standard provisions for watering to settle dust. Post construction, there would be additional transient noise generated by traffic as it is rerouted across the roadway network. 25. Nearby resources.Are any of the following resources on or in proximity to the site? Archaeological,historical or architectural resources? _X_Yes _No Prime or unique farmlands or land within an agricultural preserve? _Yes _X_No Designated parks,recreation areas or trails? _X_Yes _No Scenic views and vistas? _X_Yes _No Other unique resources? _X_Yes _No If yes,describe the resource and identify any project-related impacts on the resource.Describe any measures to minimize or avoid adverse impacts. Archaeological,Historical,or Architectural Resources The State Archeologist's Office notes that there are several recorded archeological sites and recorded burial areas in the study area,and that there is a good probability that unreported archeological properties might be present in the study area. The State Archeologist recommends that an archeological survey be completed for any area that is considered for construction impacts(see the attached letter from the Office of the State Archeologist). Alternates 1 and 3 cross known archeological sites. Alternates 2 and 4 pass adjacent to known archeological sites. Some of these sites are farmstead remnants,and some are burial mounds. If any of those alternates are pursued,further site evaluation including a Phase I(survey and investigation)and potentially a Phase II (excavation)archeological study must occur in consultation with the State Archeologist's Office,and a plan prepared to protect these resources. Parks,Recreation Areas,and Trails The Riley Creek corridor in the study area is designated in the Eden Prairie Guide Plan as passive Park and Open Space. The The proposed Alternate 6 would provide public access to the creek corridor. Scenic Views and Vistas Alternates 1 and 2 would require the extension of Turnbull Road to the east,to connect with either Beverly Drive(Alternate 1)or a new road(Alternate 2). The new public road would be constructed on the alignment of what is now a private unimproved road located on a ridgeline between the bluff to the Minnesota River to the south and an extensive area of wooded open space to the north through which Riley Creek flows. Some tree removals would be necessary to construct a wider roadway to city standard. The existing view from the open space looking south is a wooded hillside with an occasional car passing by on the private road. Under Alternates 1 and 2,the view would be a wooded hillside with a public road and associated traffic on top of the ridge. Alternates 3,4,and 5 would require tree removals and construction of new roadways on the bluff,changing the appearance of the bluff. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 13 Alternate 6 would create a new crossing of Riley Creek through a corridor that currently has limited human- made structures,changing the appearance of the creek corridor. The Alternate 6 corridor would pass through an area that was formerly used as a golf course. A former golf cart trail crosses the creek in the study area. There is also a DNR concrete fish barrier structure in the study area. The city has a long-term plan to construct a trail in the creek corridor,and Alternate 6 would provide an opportunity to construct a portion of it concurrent with the road project,plus provide an additional access point. Other Unique Resources Downstream of the Riley Creek crossing proposed as part of Alternate 6 is Frederick-Miller Spring. This unique and historic resource draws persons from well beyond Eden Prairie,some of whom visit daily to fill their water bottles. A number of smaller springs and seeps have been delineated along Riley Creek. Construction of Alternate 6 is not likely to impact flow in Miller Spring. The presence of delineated springs along the creek from the area north of the proposed Alternate 6 crossing to Spring Road is strong evidence the riparian area of the creek is in the groundwatershed of Riley Creek,not Miller Spring. Flow measurements in Riley Creek taken in late fall 2006 show an increasing flow from a point north of the proposed Alternate 6 crossing to Spring Road,further indicating that groundwater in the vicinity of the creek is being expressed into the creek,not into Miller Spring. While the groundwatershed of Miller Spring has not been delineated(Ekman, pers.comm.,2006;Obermeyer,pers.comm.,2006),the spring originates in the bluff area directly west across Spring Road from the current spring trough location. It is likely that the Miller Spring groundwatershed is west and northwest of the spring. It is unknown whether construction of Alternates 1 through 5 would impact Miller Spring. Construction of Alternate 6 may impact some of the smaller springs in the vicinity of the crossing and thus may impact baseflow in Riley Creek. Dewatering for construction and installation of a stormwater detention pond to treat road runoff may temporarily or permanently redirect local surficial groundwater being expressed in the small springs in the area. There is not enough information available on the hydrogeology of the area to predict the specific impacts to these springs or whether there would be any net loss of groundwater contributions to baseflow. To minimize localized groundwater impacts,infiltration should be considered where possible. However,this area is also highly sensitive to groundwater pollution,so any infiltration facilities should maximize treatment to minimize pollutant transport into the surficial groundwater. 26. Visual impacts.Will the project create adverse visual impacts during construction or operation?Such as glare from intense lights,lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? _Yes _X_No If yes,explain. None identified. 27. Compatibility with plans and land use regulations.Is the project subject to an adopted local comprehensive plan,land use plan or regulation,or other applicable land use,water,or resource management plan of a local,regional, state or federal agency? _x_Yes _No. If yes,describe the plan,discuss its compatibility with the project and explain how any conflicts will be resolved.If no,explain. As discussed in item#14 above,a part of Alternate 6 falls within a Shore Impact Zone. Roadways may be placed in the Shore Impact Zone provided the conditions of the city's zoning code are met. Section 11.50 Subd. 12(c)requires roads to be set back at least 50 feet from the Ordinary High Water Level. A crossing by definition Hennepin Village Roadway Alternatives EAW DRAFT December 2006 14 must cross through the Shore Impact Zone and across the water body. The City Council must evaluate whether a waiver from this requirement should be granted based on the need for road construction. Alternates 3,4,5,and 6 partly fall within a Bluff Impact Zone and would be subject to the city's stormwater management ordinance provisions regarding construction on steep slopes. Similar to the Shore Impact Zone ordinance,Section 11.50 Subd. 12(c)requires roads in Bluff Impact Zones to be set back at least 50 feet from the Ordinary High Water Level. However,roads are permitted to be constructed on steep slopes provided adequate erosion control measures are taken. The City Council must evaluate whether erosion control measures proposed for any selected alternate for construction in the Bluff Impact Zone meets those requirements or whether a waiver should be granted based on the need for road construction. The alternates are also subject to regulations of the Riley-Bluff-Purgatory Creek Watershed District,under which any of these alternates would be compatible providing water quantity and quality and floodplain regulations are met. 28. Impact on infrastructure and public services.Will new or expanded utilities,roads,other infrastructure or public services be required to serve the project? _X_Yes _No. If yes,describe the new or additional infrastructure or services needed. (Note: any infrastructure that is a connected action with respect to the project must be assessed in the EAW;see EAW Guidelines for details.) Construction of new roadway would require construction of additional storm sewer and/or stormwater Best Management Practices(BMPs)such as detention ponding or bioinfiltration/filtration. 29. Cumulative impacts.Minnesota Rule part 4410.1700,subpart 7,item B requires that the RGU consider the "cumulative potential effects of related or anticipated future projects" when determining the need for an environmental impact statement.Identify any past,present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts.Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts(or discuss each cumulative impact under appropriate item(s)elsewhere on this form). Construction of Alternates 1 or 2 may increase the attractiveness of conversion of the current large lots west of Eden Prairie Road to more dense future development. While the City expects this conversion will take place anyway,that redevelopment may occur on a faster timeframe than expected. It is likely there will be traffic, stormwater runoff,and bluff impacts from that new development. Connecting Eden Prairie Road and Dell Road (Alternates 1 and 2)may also require future upgrades to Dell Road. 30. Other potential environmental impacts.If the project may cause any adverse environmental impacts not addressed by items 1 to 28,identify and discuss them here, along with any proposed mitigation. None identified. 31. Summary of issues.Do not complete this section if the EAW is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document, which must accompany the EAW. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues,including those that have been or may be ordered as permit conditions. The following are issues raised above. Additional work on these issues would be required only if a particular Alternate is selected for further consideration. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 15 1. Threatened and endangered species site survey for Alternates 3,4,and 5. If any are found,a plan to avoid impacts to any found species must be developed in consultation with the DNR. 2. Consultation with the DNR to determine the preferred method of protecting a delineated threatened species found in the vicinity of,but outside the construction limits of,Alternate 6. 3. Development of a floodplain fill mitigation plan for Alternate 6 if required. 4. Development of a wetland mitigation plan for Alternate 6 if required. 5. Phase I and possibly Phase II archeological study and mitigation plan for Alternates 1 and 3. Consultation with the State Archeologist's Office and possibly a Phase I archeological study for Alternates 2 and 4. 6. Consideration of the Shore Impact Zone(Alternate 6 only)and Bluff Impact Zone ordinances and requirements for Alternates 3,4,5,and 6 to determine whether a waiver from any of those requirements should be granted based on the need for road construction. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 16 REFERENCES CITED Balaban,N.H. 1989. Geologic Atlas,Hennepin County,Minnesota. Minnesota Geological Survey Atlas C-4. St. Paul,MN. University of Minnesota. Ekman,Julie. 2006. Personal communication, 11/06. DNR Central Region 3 Area Hydrologist,Carver/Hennepin- South Counties. Ellison,Daryl. 2006. Personal communication, 11/06. DNR West Metro Area Fisheries Manager. Metropolitan Council Environmental Services(MCES). 2005. 2003 Stream Monitoring Report. St.Paul,MN. Environmental Quality Assurance Department. <<http://www.metrocouncil.org/Environment/RiversLakes/Streams/StreamResults.htm>>. Accessed December 4, 2006. Minnesota Department of Natural Resources(DNR). 2003. Riley Creek Stream Survey,Field Work 8-14-03 and 8- 15-03. Eden Prairie,MN. DNR file report. Minnesota Pollution Control Agency(MPCA). 2006. Minnesota Stormwater Manual. St.Paul,MN. <<http://www.pca.state.mn.us/water/stormwater/stormwater-manual.html>>. Accessed December 4, 2006. Natural Resources Conservation Service. 2004. Hennepin County Soil Survey. <<http://websoilsurvey.nrcs.usda.gov/app/>>. Accessed December 4,2006. Obermeyer,Bob. 2006. Personal communication, 11/06. Riley-Purgatory-Bluff Creek Watershed District Engineer,Barr Engineering Company. Hennepin Village Roadway Alternatives EAW DRAFT December 2006 17 RGU CERTIFICATION.The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor. I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project;there are no other projects, stages or components other than those described in this document,which are related to the project as connected actions or phased actions, as defined at Minnesota Rules,parts 4410.0200,subparts 9b and 60,respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Signature Date Title The format of the Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at the Administration Department.For additional information,worksheets or for EAW Guidelines,contact: Environmental Quality Board,658 Cedar St.,St.Paul,MN 55155,651-296-8253,or http://www.egb.state.mn.us Hennepin Village Roadway Alternatives EAW DRAFT December 2006 18 u -.1—T\ rj r- r 1 L Hennepin County I- L 0 P z 1 ..,_J. ,.._y_.„.12. 11 ),__z Eden Project 7 Location / Prairie r— P' --\_,---\,-A-----\17 .1"-°°751 u 5 2.5 0 5 Miles Mxd:L:\templates\templates\8.5x11_Portrait.mxd.mxt Last Modified:3/27/2006 4:47.38 PM f CITY OF EDEN PRAIRIE Wenck DEC 2006 ii Hennepin Village Roadway Alternatives WenckAssociates,Inc. 1800 Pioneer Creek Center Figure 1 General Location Map Environmental Engineers Maple Plain,MN 55359-0429 g L , i I l/ rLL vJ I. 1 ::: z::rea • ;..N)Illian1111)i,_tI:(44').L ....., \:"4,414.144,L . 41 , ,,,,i-,-N.N., 4*--frP ...)1, ..:..-c------,-. ....... ..,,,,,,,,.... , , _ 8 5 0 ! 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City . ..p. of Eden Priaire - Y 500 250 0 500 �� Ld ._ ; Feet — - •.. # LJ0094/03 EAW/mxd/Study Area Quadrangle • I CITY OF EDEN PRAIRIE 1Wenck DEC 2006 Wenck Associates,I nc. 1800 Pioneer Creek Center Hennepin Village Roadway Alternatives Study Area Environmental Engineers Maple Plain,MN55359-0429 Figure 2 :47 .r .._.. ,-1.......di.. : 7 5... . :z.' -1..2.::•• _1 nL r ...' ". . _ 111 "Ow. -:.“ 7. ailk•. •.'"?I '•• I 4 r 4 . .. t 4 1 . f' Prospect Rd _ �. r r. I' t� k .} .w1_ T ,oat L •..".. T' '!•r '. � - 4 ■ �' _.4: •, + - • fir r .. r fF' }. :., �' L i Ff1 ■ - ' •• r . - • - ";,�, Roadway Alternate 6 • ".+` _ ti`' #. •-•• _ I. r 't •i -- -b • • --irk`�. ! -. ••• ,. Roadway Alternate 1 __ et 7 •• l, a - 1g .1. .L nr I fir. ti 1 , • t Turnbull - o ; t may_• _ � _ ,. _ •, r ir IF • ..4-.5:- . 4, - l'•1 , - 1• - . •Roadway Alternate 3 '2^ • 1 rlitp ."161P1 1 w t 8441:• Roadway Alternate 2 1r 1 ' - - �� ;' "ill ir • �O' (Alignment to be determined) • . .,ik.r; ,:.im ' s • : _- r �' Roadway Alternate 5 X • - ' • _' �i - r �� • r s '• x } . - iDII -� {� • • ��� 4 ,-� L_ f- , ,* �' s ar r • Flying Cloud o J 2004 Aerial Photography, City of Eden Prairie •.'' -- r r Roadway Alternate 4 k Roadway Alternates and Estimated Grading Areas, 'r' - .0' City of Eden Priaire 4,- _ {{ { _ 3 .11 • • IIIIIIIIIII---- Feet -_,, '• . i _ - r:• • _} ..,0.- Mod:L:\0094\0094-12 EAWMxd\Project Location and Roadway Alternatives.mxd _ - - — - • - ' i1 -• _ R' L • Last Modified:12/6/2006 3:22:04 PM - - rr • r L' r , 1'•' CITY OF EDEN PRAIRIE enck DEC 2006 s Project Location and Roadway Alternatives wenck Associates,Inc. 1800 Pioneer Creek Center Figure 3 Environmental Engineers Maple Plain,MN 55359-0429 Roadway Alternative II Streams I Steep Slopes Mb \ Areas where slopes of 12%to 18%are more likely to be found - Areas where slopes greater than 18%are more likely to be found Estimated Grading Area Roadway Alternate 1 Roadway Alternate 6 Qc•J�� 0Ce A B A i (5 1 It m o M Turnbull Rd 7 -°'a w c 111 • �'Nil a. � • m I Roadway Alternate 3 o Roadway Alternate 2 0 (Alignment to be determined) A. lit - oa �vFRoadway Alternate 5 � 1 Fjyng Cloud r Ornee Q Roadway Alternate 4 Steep Slope data,Hennepin County \ Roadway Alternates and Estimated Grading Areas, r Ir City of Eden Priaire 500 250 0 500 Feet L/0094/0094-12 EAW/nud/Steep Slopes I CITY OF EDEN PRAIRIE J Wenck DEC 2006 Wenck Associates,Inc. 1800 Pioneer Creek Center Hennepin Village Roadway Alternatives Areas With Steep Slopes Environmental Engineers Maple Plain,MN55359-0429 Figure 4 .,„ y�4�Eof MINN, . Minnesota Department of Natural Resources Natural Heritage and Nongame Research Program, Box 25 ro w 500 Lafayette Road 1 �¢ St. Paul,Minnesota 55155-40 <4yr ���� Phone: (651)259-5107 Fax:(651)296-1811 E-mail:sarah.wren@dnr.state.mn.us -PNATURN- November 13, 2006 Diane Spector Wenck Associates, Inc. 1800 Pioneer Creek Center,P.O. Box 249 Maple Plain,MN 55359 Re:Request for Natural Heritage information for vicinity of proposed Eden Prairie Hennepin Village Roadway Alternatives, T116N R22W Sections 29 & 30,Hennepin County NHNRP Contact#: ERDB 20070339 Dear Ms. Spector, The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one-mile radius of the area indicated on the map enclosed with your information request.Based on this review,there are 22 known occurrences of rare species or native plant communities in the area searched(for details,see enclosed database printouts and explanation of selected fields).Following are specific comments for only those elements that may be impacted by the proposed project. Rare feature occurrences not listed below are not anticipated to be affected by the proposed project. • Alternatives 3, 4, and 5 pass through an area that has been identified by the Minnesota County Biological Survey as a "Site of High Biodiversity Significance". "Sites of Biodiversity Significance" are areas with varying levels of native biodiversity that may contain high quality native plant communities, rare plants, rare animals, and/or animal aggregations. This particular site contains dry sand-gravel prairie and pin oak—bur oak woodland native plant communities(see enclosed map), as well as an occurrence of Rhombic-Petaled Evening Primrose (Oenothera rhombipetala), a special concern plant species. We recommend that only those alternatives that would avoid impacting this ecologically significant site be considered for further evaluation. The Natural Heritage database is maintained by the Natural Heritage and Nongame Research Program, a unit within the Division of Ecological Services,Department of Natural Resources.It is continually updated as new information becomes available,and is the most complete source of data on Minnesota's rare or otherwise significant species, native plant communities, and other natural features. Its purpose is to foster better understanding and protection of these features. Because our information is not based on a comprehensive inventory, there may be rare or otherwise significant natural features in the state that are not represented in the database. A county-by-county survey of rare natural features is now underway,and has been completed for Hennepin County. Our information about native plant communities is,therefore,quite thorough for that county. However,because survey work for rare plants and animals is less exhaustive, and because there has not been an on-site survey of all areas of the county, ecologically significant features for which we have no records may exist on the project area. The enclosed results of the database search are provided in two formats: index and full record. To control the release of locational information which might result in the damage or destruction of a rare element, both printout formats are copyrighted. The index provides rare feature locations only to the nearest section, and may be reprinted,unaltered,in an Environmental Assessment Worksheet,municipal natural resource plan, DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 65I-296-5484 • 1-800-657-3929 An Equal Opportunity Employer � Printed on Recycled Paper Containing a Minimum of 10%Post-Consumer Waste or report compiled by your company for the project listed above. If you wish to reproduce the index for any other purpose, please contact me to request written permission. The full-record printout includes more detailed locational information,and is for your personal use only.If you wish to reprint the full-record printouts for any purpose,please contact me to request written permission. Please be aware that review by the Natural Heritage and Nongame Research Program focuses only on rare natural features. It does not constitute review or approval by the Department of Natural Resources as a whole. If you require further information on the environmental review process for other natural resource- related issues,you may contact your Regional Environmental Assessment Ecologist,Wayne Barstad,at(651) 772-7940. An invoice in the amount of$78.57 will be mailed to you under separate cover within several weeks of the date of this letter. You are being billed for map and database search and staff scientist review. Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. Sincerely, Sarah D. Wren Endangered Species Environmental Review Coordinator encl: Database search results Rare Feature Database Print-Outs: An Explanation of Fields Native plant communities map cc: Wayne Barstad glATE q� O O w r~ U wo y� •ttINIVES° November 20,2006 Ms.Amy Denz Wenck Associates,Inc. 1800 Pioneer Creek Ctr. P.O. Box 249 Maple Plain, MN 55359-0249 RE: Proposed alternative roadway alignments off of County Road 4(Eden Prairie Road)near Highway 169. Ti 16N R22W Sec.29/30,City of Eden Prairie, Hennepin County,Minnesota Dear Ms.Denz: Thank you for consulting with our office during the preparation of an Environmental Assessment Worksheet for the above referenced project. There are several recorded archaeological sites and recorded burial areas both within and adjacent to the project. Moreover we believe that there is a good probability that unreported archaeological properties might be present in the project area. Therefore,we recommend that an archaeological survey of the area be completed_ The survey should meet the requirements of the Secretary of the Interior's Standards for Identification and Evaluation, and should include an evaluation of the National Register eligibility for any properties that are identified. Any fieldwork and reports should also follow the guidelines established by the State Historic Preservation Office. It appears that Alternate 3 crosses archaeological site 21HE0306 and that Alternate I crosses archaeological site 21HE00241. These sites would need to be evaluated and potential impacts to the sites addressed. Due to the presence of three previously recorded burial areas adjacent to the potential corridors,continuing consultation with this office is recommended. This is particularly important with Roadway Alternate 2, where the alignment has yet to be determined. Alternate 2 passes adjacent to two recorded burial areas 211-1E0020 and 21 HE0024. The presence of these burial areas should be considered when determining a final alignment for this alternate. Roadway Alternate 4 also passes adjacent to burial area 21HE0104. With both of these alternates(2 and 4)potential borrow sources,tree removal,backslopes and equipment/materials storage areas are also of concern. If you have any questions please contact me at(612)725-2729 Sincerely, Bruce Koenen Research Archaeologist Appendix A Traffic Impact Study for Hennepin Village Roadway Alternatives Eden Prairie, MN Wenck File#0094-12 30 Day Comment Period DRAFT Prepared for: CITY OF EDEN PRAIRIE Prepared by: December, 2006 WENCK ASSOCIATES, INC. 1800 Pioneer Creek Center P.O. Box 249 -4‘1A WencI< Maple Plain, Minnesota 55359-0249 (763) 479-4200 Table of Contents 1.0 PURPOSE AND BACKGROUND 1-1 2.0 EXISTING CONDITIONS 2-1 3.0 FUTURE ROADWAY ALTERNATIVES 3-1 4.0 TRAFFIC FORECASTS 4-1 5.0 TRAFFIC ANALYSES 5-1 6.0 CONCLUSIONS 6-1 FIGURES 1 PROJECT LOCATION AND ROADWAY ALTERNATIVES 2 EXISTING DAILY VOLUMES T:\0094\12 EAW\Report\0094-12 traffic study report.doc 1.0 Purpose and Background The purpose of this study is to evaluate traffic impacts of six roadway alternatives in the area north of Flying Cloud Drive at Eden Prairie Road. The City of Eden Prairie is considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive. The southbound approach to the intersection is steep and winds down the bluff to the Minnesota River. It is difficult to maintain in the winter and has been the location of several accidents. There are numerous residential properties on Eden Prairie Road, Beverly Drive, and a developing area off of Sky Lane that rely on that intersection for access to Flying Cloud Drive or as a secondary emergency access to the area. Closure of the intersection would require an alternate east-west connection to either Spring Road to the east or Dell Road to the west to provide that access. It may also be possible to reroute Eden Prairie Road on an alternate alignment down the bluff. Figure 1 illustrates the study area and the following proposed roadway alternates: 1. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to Beverly Drive. 2. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to a new street south of and paralleling Beverly Drive. 3. Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Hying Cloud Drive. 4. Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive. 5. Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection. 6. Connect Eden Prairie Road to Spring Road by extending Prospect Road west to Eden Prairie Road. Two future residential developments were included as part of the traffic study: 90 single family dwelling units were assumed for the Oak Creek and Hennepin Village development area east of Eden Prairie Road and 40 single family dwelling units for the developing area west of Eden Prairie Road, north of Beverly Drive, off of Sky Lane. 1-1 DR A FT December 2006 2.0 Existing Conditions Eden Prairie Road. Eden Prairie Road is a two lane, rural section roadway that serves as a local street in the study area. The roadway extends north from T.H. 212 through the study area to the new alignment of CR 4 (Spring Road). In the study area, Eden Prairie Road provides direct access for residential uses as well as access from intersecting streets. County Road 4 (Spring Road). Spring Road is a two lane, rural section roadway south of Prospect Road. North of Prospect Road, Spring Road is a two lane, urban section roadway which intersects with Mitchell Road south of County Road 1 and aligns with County Road 4 at County Road 1 (Pioneer Trail). Prospect Road. Prospect Road is a two lane, urban section roadway that extends west from Spring Road. The roadway presently ends approximately 1,500 feet west of Spring Road. Prospect Road provides access for a residential development located west of Spring Road. Existing daily traffic volumes are shown in Figure 2. Weekday a.m. and p.m. peak period turn movement volumes were recorded at the Spring Road/Prospect Road intersection on October 10 and 11, 2006. These volumes are presented later in this report. 2-1 DRAFT December 2006 3.0 Future Roadway Alternatives As described earlier, this report analyzes the traffic impacts of six roadway alternatives. The six roadway alternatives included in this report are described below and shown in Figure 1. 1. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to Beverly Drive. 2. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to a new street south of and paralleling Beverly Drive. 3. Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Hying Cloud Drive. 4. Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive. 5. Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection. 6. Connect Eden Prairie Road to Spring Road by extending Prospect Road west to Eden Prairie Road. 3-1 D R A FT December 2006 4.0 Traffic Forecasts Forecasting Scenarios To effectively address the traffic impacts of the roadway alternatives, traffic forecasts were completed for 2008. Weekday daily volumes were developed for the roadway network within the study area and weekday a.m. and p.m. peak hour traffic volumes were developed for the Spring Road/Prospect Road intersection. Analysis for the subject intersection includes the following scenarios: • 2006 Existing • 2008 No-Build • 2008 Build The following methodology was used to develop traffic volumes for the above scenarios: • 2006 Existing. Weekday a.m. and p.m. peak hour traffic volumes for this scenario were established based on peak period traffic counts. • 2008 No-Build. To account for natural background traffic growth, existing volumes were increased at a rate of two percent per year for two years. The No-Build scenario assumes residential development continues in the area(including the Oak Creek at Hennepin Village and Sky Lane developments)but the roadway network remains as it exists today. • 2008 Build. Volumes changes due to the roadway alternatives and the two residential developments were added to the 2008 No-Build volumes to establish 2008 Build volumes. Trip Generation As described earlier, two new residential developments—Oak Creek at Hennepin Village and development off Sky Lane north of Beverly Drive - were included in the traffic analysis. Weekday peak hour and daily trip generation for these developments was based on data presented in the Institute of Transportation Engineers' (ITE) Trip Generation, Seventh Edition. The resultant trip generation is shown in Table 1. 4-1 DR A FT December 2006 Table 1 Weekday Peak Hour Trip Generation A.M.Peak Hour P.M.Peak Hour Use Size Units Trips Trips Daily In Out In Out Total Single Family 90 Dwelling units 17 51 57 34 861 Single Family 40 Dwelling units 8 22 25 15 382 25 73 82 49 1,243 Additional trips generated by development located east of Spring Road on Charlson Road were also accounted for in the forecasts. Information obtained from City staff was used to determine the additional trips added by residential, office, and retail uses located east of Spring Road. These trips were added to the roadway network based on the previous traffic study completed for that area. Trip Distribution Percentages Trip distribution percentages for the two new residential developments were based on existing count data, the locations of the new developments, and the available roadway network. We estimate that 80 percent of the new trips will be oriented to/from the north on Eden Prairie Road and 20 percent to/from the south on Eden Prairie Road. The existing volumes were adjusted to account for the impacts of each roadway alternative. These adjustments were made based on the available roadway network under each alternative and logical shifts in travel patterns that motorists would make for each alternative. Traffic Volumes The total weekday a.m. and p.m. peak hour volumes for the Spring Road/Prospect Road intersection are shown in Tables 2 and 3, respectively. The weekday daily volumes for the surrounding roadway network are shown in Table 4. 4-2 DR A FT December 2006 Table 2 Weekday A.M. Peak Hour Turn Movement Volumes at Spring Road and Prospect Road Roadway Alternative Scenario EBLT EBRT NBLT NBTH SBTH SBRT 2006 51 3 2 381 73 13 1 2008 no build 51 3 2 395 76 13 2008 build 51 3 2 423 83 13 2 2008 no build 51 3 2 395 76 13 2008 build 51 3 2 423 83 13 3 2008 no build 51 3 2 395 76 13 2008 build 51 3 2 395 76 13 4 2008 no build 51 3 2 395 76 13 2008 build 51 3 2 395 76 13 5 2008 no build 51 3 2 395 76 13 2008 build 51 3 2 395 76 13 6 2008 no build 51 3 2 395 76 13 2008 build 72 3 2 451 90 25 EBLT=eastbound left turn,EBRT=eastbound right turn,NBLT=northbound left turn,NBTH=northbound through,SBTH=southbound through, SBRT=southbound right turn Table 3 Weekday P.M. Peak Hour Turn Movement Volumes at Spring Road and Prospect Road Roadway Alternative Scenario EBLT EBRT NBLT NBTH SBTH SBRT 2006 21 2 1 127 334 46 1 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 143 372 46 2 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 143 372 46 3 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 133 347 46 4 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 133 347 46 5 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 133 347 46 6 2008 no build 21 2 1 133 347 46 2008 build 43 2 1 154 396 86 EBLT=eastbound left turn,EBRT=eastbound right turn,NBLT=northbound left turn,NBTH=northbound through,SBTH=southbound through, SBRT=southbound right turn 4-3 D R A F T December 2006 Table 4 Weekday Daily Volumes on the Surrounding Roadway System Location Roadway Eden Prairie Rd. Beverly Dr.west of Spring Rd.north of Prospect Rd.west of Alternative Scenario south of Beverly Dr. Eden Prairie Rd. T.H.212 Spring Rd. 2006 1,400 110 3,375 700 1 2008 no build 1,450 110 3,500 700 2008 build 60 455 3,850 700 2 2008 no build 1,450 110 3,500 700 2008 build 60 490 3,850 700 3 2008 no build 1,450 110 3,500 700 2008 build 1,700 490 5,150 700 4 2008 no build 1,450 110 3,500 700 2008 build 1,700 490 5,150 700 5 2008 no build 1,450 110 3,500 700 2008 build 1,700 490 3,500 700 6 2008 no build 1,450 110 3,500 700 2008 build 60 490 4,325 1,300 4-4 D R A F T December 2006 5.0 Traffic Analyses Level of Service Weekday a.m. and p.m. peak hour capacity analyses were completed for the Spring Road/Prospect Road intersection for the 2006 Existing, 2008 No-Build, and 2008 Build scenarios. Capacity analysis results are presented in terms of level of service (LOS), which ranges from A to F. LOS A represents the best intersection operation, with very little delay for each vehicle using the intersection. LOS F represents the worst intersection operation with excessive delay. The analysis indicates that the eastbound left turn and right movements operate a LOS B and all movements on Spring Road operate at LOS A during both the a.m. and p.m. peak hours for all scenarios. Therefore, adequate capacity exists at this intersection to accommodate any of the roadway alternatives without any geometric or control changes. Daily Volume Impacts As shown in Table 4, daily volumes on the surrounding roadway system vary depending on the roadway alternative. Alternatives 1 and 2 shift volume from Eden Prairie Road to the Turnbull Road extension and Spring Road. Alternatives 3 and 4 reroute the Eden Prairie Road volume to Spring Road. Alternative 5 has minimal impact on volume because it maintains access at T.H. 212 for Eden Prairie Road. Alternative 6 results in the largest increase on Prospect Road due to the extension to Eden Prairie Road. Review of the daily volumes indicates that all volumes are within ranges expected for these types of roadways. We do not anticipate any operational or safety issues with the volumes shown on any of the roadways. The peak hour level of service at the Spring Road/Prospect Road intersection remains the same as existing under all alternatives, indicating adequate capacity to accommodate all alternatives, including alternative 6. The volumes indicate that additional capacity exists on the roadway system to accommodate additional residential development that may occur in the future. Emergency Access Impacts A sound roadway system with multiple routes to development areas is critical for effective emergency response. The creation of long cul-de-sacs is undesirable and often prohibited in communities. If Eden Prairie Road is closed south of Beverly Drive, at is would be under Alternatives 1, 2, and 6, additional access to this area should be provided. In Alternatives 1 and 5-1 DR AFT December 2006 2, the additional access is provided through the Turnbull Road extension. Under Alternative 6, the additional access is provided through the extension of Prospect Road to Eden Prairie Road. Alternative 6 also improves access to the existing residential area west of Spring Road at Prospect Road. Alternatives 3, 4, and 5 continue to utilize Eden Prairie Road for additional access. Road Maintenance Access A continuous roadway network is important for effective road maintenance operations, including snow plowing and emergency repairs. Alternatives 1 and 2 provide a new connection to Dell Road, which helps connect the study area with the area to the west. Alternatives 3, 4, and 5 continue to use Eden Prairie Road as a connecting road through the study area. Alternative 6 creates a cul-de-sac on Eden Prairie Road while eliminating a dead end on Prospect Road. 5-2 DRAFT December 2006 6.0 Conclusions Based on the information presented in this report, we have established the following conclusions: • All movements at the Spring Road/Prospect Road intersection operate at LOS B or better during the 2006 and 2008 scenarios for all roadway alternatives. Additional capacity exists to accommodate future residential development in the study area. None of the alternates would require additional roadway improvements. • Daily volumes on the surrounding roadway system vary depending on the roadway alternative. Review of the daily volumes indicates that all volumes are within ranges expected for these types of roadways. We do not anticipate any operational or safety issues with the volumes shown on any of the roadways. • A sound roadway system with multiple routes to development areas is critical for effective emergency response. The creation of long cul-de-sacs is undesirable and often prohibited in communities. All of the roadway alternatives provide additional emergency access to this area through roadway extensions. • A continuous roadway network is important for effective road maintenance operations, including snow plowing and emergency repairs. All of the roadway alternatives provide additional access to this area through roadway extensions. 6-1 DR A FT December 2006 :47 .r .._.. ,-1.......di.. : 7 5... . :z.' -1..2.::•• _1 nL r ...' ". . _ 111 "Ow. -:.“ 7. ailk•. •.'"?1 '•• I 'II 4 r 4 . .. t 4 1 . f' Prospect Rd _ �. r r. I' t� k .} .w1_ T 10it L •..".. T' '!•r '. � - 4 ■ �' _.4: •, + - • fir r .. r fF' }. :., �' L i Ff1 ■ - ' •• r . - • - ";,�, Roadway Alternate 6 • ".+` _ ti`' #. •-'. _ I. r 't •i -- -b • • --irk`�. ! -. ••• ,. Roadway Alternate 1 __ et 7 •• l, a g .1. .L nr I - - ... - 1 fir. ti 1 , • t Turnbull - o ; t may_• _ � _ ,. _ •, r ir IF • ..4-.5:- . 4, - l'•1 , - 1• - . •Roadway Alternate 3 '2^ • 1 rlitp ."161P1 1 w t 8441:• Roadway Alternate 2 1r 1 ' - - �� ;' "ill ir • �O' (Alignment to be determined) • . .,ik.r; ,:.im ' s • : _- r �' Roadway Alternate 5 X • - ' • _' �i - r �� • r s '• x } . - iDII -� {� • • ��� 4 ,-� L_ f- , ,* �' s ar r • Flying Cloud o J 2004 Aerial Photography, City of Eden Prairie •.'' -- r r Roadway Alternate 4 k Roadway Alternates and Estimated Grading Areas, 'r' - .0' City of Eden Priaire 4,- _ {{ { _ 3 .11 • • IIIIIIIIIII---- Feet -_,, '• . i _ - r:• • _} ..,0.- Mod:L:\0094\0094-12 EAWMxd\Project Location and Roadway Alternatives.mxd _ - - — - • - ' i1 -• _ R' L • Last Modified:12/6/2006 3:22:04 PM - - rr • r L' r , 1'•' CITY OF EDEN PRAIRIE enck DEC 2006 s Project Location and Roadway Alternatives Wenck Associates,Inc. 1800 Pioneer Creek Center Figure 1 Environmental Engineers Maple Plain,MN 55359-0429 • • • - - 1- ' '_� r - •. ti _ _ Y • +r • i Or EL t -• 1 �+ _ '� Prospect h• •Nr••• ..in ":1•411.41114V• 5 ' - " ' -1.'.: LE' . , 4 ,a I. `--Ikt: �� ti 11 ''• -. Turnbull ; - -�r } - - ''_ - ', ' 1. • 5 ti • u ``te• a :t 1 '� c y 1400ye. 3375 x • • } • 7 p;I I•..:.'•• ••• , 4 I • • I ' . k* *, + - Y ng Cloudy . . : ti _ 'S W 2004 Aerial Photograph(Source:Eden Prairie) _ TI • • 4 ., .. .. .. ... , J ,,,,,,. ...,: _ . ... ..Li,,,,,r 750 375 0 750 3 ... . .Feet ,' . -, r • ' k • . . :`.I l'., 1• , •_ . r•. t r i Mxd:L3 0 094100 9 4-1 2 EAWVnxd\Existing Daily Traffic Vol umes.mxd _ _ - ••• �." ' - - 1 J y - t�" '� . Modified:12/6/2006 3:54:02 PM -- - -• - - - .— n — . CITY OF EDEN PRAIRIE Wenck DEC 2006 s Existing Daily Traffic Volumes Wenck Associates,Inc. 1800 Pioneer Creek Center Figure 2 Environmental Engineers Maple Plain,MN 55359-0429 Planning Commission Meeting Hennepin Village Roadway Alternatives—Discretionary EAW Draft/Unofficial Notes for Comments received during the meeting March 12, 2007 Michael Boland Comments are intended to summarize the main points raised in the letter he submitted to Staff Question 16: Erosion Control • Provide more detailed grade information for the separate alternatives, for example this section is between 10 and 13 percent. • Indicated that the Table does show the amount of grading for Alternative 6,but does not reflect the amount of fill that would need to be brought in to the bottom of the valley to create the 10% grade. This is 16,500 cyd grading and 20,600 cyd of fill Question 25: Nearby Resources Alternate 6 indicates that construction would provide public access to the creek corridor. He felt this was misleading as there is not a parking area for access to the trail, in fact the trail head is elsewhere. Also,the trail was proposed regardless of the road construction. Question 29: Cumulative Impacts Feels that the EAW should stress that the City is already working on an improvement plan for Dell Road and that these plans would go forward regardless of the alternative selected. Dennis Doyle—9980 Dell Road Dell Road south of Turnbull Road is currently mostly impassable at times. Will this roadway be made more accessible so that this route would be more popular? He is concerned that the changes to Dell Road would also require a lot of grading that would change the character of the Minnesota River Valley corridor. Tim McLaughlin—9999 Dell Road • Felt that more a more detailed and extensive look was provided for the Prospect Road alternative while little work was done on the other alternatives. • Asked how Turnbull Road would be constructed to provide safe access to Dell Road. Jeff Strate—15021 Summerhill Drive Comments are intended to summarize the main points raised in the letter he submitted to Staff. • Add one additional Alternative,to provide a second egress from Site A(the existing townhome development on the east side of Riley Creek)to Spring Road. • Complete more analysis on what additional impacts could occur if a road goes through this area. Would the MUSA line move? Would lot densities increase? • Provide more specific information on the types of woodlands impacted for comparison. For example,which would impact the remnant Big Woods area versus more shrub/wooded areas? • Conduct further evaluation of the impacts to determine if they would in fact be temporary impacts only. This is a sensitive area and some of the alternatives go along conservation areas. Alternatives 1 and 2 especially would impact some of the remaining Big Woods left in the metro area, and less than 1%of the Big Woods areas are left in the metro and they are significant, environmental features. Need to look at comments made previously by the DNR for the apple orchard EAW on the fragility of the Big Woods and how difficult they are to mitigate. • Provide more information on not just the trees,but also the type and fragility of the forest soils and duff that are present that are needed to support these woods. • Include information on previous studies done for the conservation areas and bluff land, such as the conservation area plans developed in this area. • Expand discussion of how the cold springs within the Creek could support trout fishery habitat, even if do need to construct pools in or next to the creek. • Evaluate the temperature impacts of the stormwater ponding discharging to the creek. • Clarify discussion on trail access and the existing plans for the trail for this corridor. • Revise plans to avoid the Riley Creek Conservation Area in the alternatives within this area. Ray Daniels—7520 Bittersweet Drive Mr. Daniels stated he was introduced to the valley by Mike Boland and feels this area is unique to Eden Prairie. He feels the EAW fails to address the uniqueness of this area and how it would change the value of the valley. This area could be used for outdoor classrooms or educational experiences, especially out of the existing clubhouse. He urged staff to determine how to put a value on the environment. He also stated he felt that the culvert option for Prospect Road would act like a dam across the creek. Todd Johnson—10020 Dell Road Felt the discussion on Alternatives 1 and 2 was too limited in scope as these alternatives would require significant improvements to Dell Road to work. This would change the Riley Creek corridor where it crosses Dell Road as well. Roland and Janice Hron—17170 Beverly Drive The Alternatives connecting Beverly Drive to Turnbull Road appear to potentially impact a"primeval" pond which should be avoided. They also felt that the Turnbull Road elevation/grade change was not accurately reflected on the plans, and that you do need to"go down and back up"to get to Turnbull from Beverly Drive. Deb Peterson—10011 Dell Road Ms. Peterson was concerned that the EAW does not look at the traffic impacts on Dell Road accurately and that the connection from Beverly Drive to Dell Road along with a closure of Eden Prairie Road would significantly increase traffic. Robin Smith—9765 Sky Lane • A bridge should be considered to mitigate the "dam" effects of building a culvert across the creek, rerouting the creek, etc. • Question 30—The construction of the new Hennepin Village development on Eden Prairie Road will change the character of the creek valley by itself. He feels that the EAW doesn't show the road in the context of the approved plan clearly enough. The character of the corridor will be damaged by the development,regardless of whether Prospect Road is constructed. In reality,the corridor will change and impacts will need to occur. This should be reviewed and clarified in the EAW. Jerry Pitzrick—Planning Commission Member • More information on the underlying issues regarding Eden Prairie Road, such as safety,traffic history and accident rates,needs to be added. How does this data compare to other roadways in Eden Prairie? • Asked if signals would be added at Dell Road and/or Spring Road which would slow traffic on Flying Cloud Drive in the future. Also,would the speed limit on Flying Cloud be lowered to reflect that it would no longer be a highway after the new Hwy 212 is complete? • If Eden Prairie Road is closed,would this create a dead end? How many residents would be at the end of the dead end? • Asked why a"no-build"alternative wasn't included in the EAW. Could Eden Prairie Road be upgraded within the current alignment to improve safety and avoid the need for the other alternatives? • Provided information on a product being developed by MnDOT for use in avoiding or slowing ice development on roads. He stated it was an epoxy used to coat the road so that de-icing chemicals would absorb into the epoxy/aggregate so it doesn't ice up in the winter,however you would need to lay down salt or de-icer prior to a storm event. The product is being developed by Cargill. • Asked if the City had considered how many residents would go north rather than south on Eden Prairie? How much will traffic to the south really increase? • Asked for more information on the build-out of the whole area and future use of the proposed road alternatives. ��p& . N4k.s, Minnesota Department of Natural Resources �x y 1, 6 1200 Warner Road "kra1g� St. Paul,Minnesota 55106 rvaTua 651.772.7900 February 28,2007 Mr. Scott Neal, City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: Hennepin Village Roadway Alternatives Environmental Assessment Worksheet(EAW) Dear Mr. Neal: The Minnesota Department of Natural Resources has reviewed the EAW prepared for the Hennepin Village Roadway Alternatives project in the City of Eden Prairie. In general,the EAW appears to be complete and accurate. We offer the following comments for your consideration. Water quality: surface water runoff(Item No. 17) The EAW states that"[T]he estimated increase in stormwater runoff volume and phosphorus and sediment export from existing conditions is small relative to watershed volume and loading." While this may be true for a single project, it is important that we not lose sight of the potential for cumulative effects of numerous activities in the watershed. As the watershed continues to develop,the additive impact of volume and loading resulting from past and future projects could be significant. Item No. 17b identifies Riley Creek and the Minnesota River as receiving waters for runoff from the alternate roadway sites. The Minnesota Pollution Control Agency has listed both streams as failing to meet state water quality standards and,therefore,their designated uses. Turbidity problems have impaired aquatic life in Riley Creek. The Minnesota River, including the stretch from Riley Creek to the Mississippi River, is impaired by multiple pollutants; here too,turbidity is a major problem. Although the U.S. Environmental Policy Agency has not approved a Total Maximum Daily Load study for either of these streams,the need to clean them up and maximize their contributions to the state's economy and quality of life and to protect them as a resource for future generations should be a driving factor in local and state land use decision-making. Riley Creek receives considerable groundwater inflow in the reach east of Eden Prairie Road,resulting in decreased water temperatures in summer. Although runoff in the watershed results in increased water temperatures and flow in the stream during storm events,the springs provide unique habitat for aquatic An Equal Opportunity Employer Who Values Diversity DNR Information:651-296-6157 1-888-646-6367 TTY:651-296-5484 1-800-657-3929 Hennepin Village Roadway EAW February 28, 2007 Page 2 life during low flow periods. Groundwater flow, surface runoff, steepness of slopes, erosion and sedimentation are factors of particular concern for Roadway Alternates 3,4, 5 and 6. These four alternates will increase stormwater runoff and may reduce infiltration, diminishing the water quality of Riley Creek and possibly the Minnesota River. Roadway Alternates 1 and 2 appear to minimize the effects to natural resources in the study area. These two alternates minimize impacts to steep slopes, reducing the potential for erosion and sedimentation during and following construction and providing opportunities for infiltration of runoff from the roadway. To aid in infiltration, we recommend that the contractor take care to not compact soils outside the footprint of the roadway during construction. Nearby resources (Item No. 25) This item identifies Frederick-Miller Spring as a unique and historic resource. This spring provides the local community with dependable,high-quality water. The dependability of the spring is a function of recharge, aquifer size and yield characteristics. Development in the spring's recharge zone potentially could interrupt recharge or reduce the capacity of the spring,rendering it less valuable to the community and city. We recommend that the City take any necessary steps to identify the areal extent of the recharge area and the hydraulic characteristics that govern the amount of recharge that occurs. Thank you for the opportunity to review this project and the EAW. We look forward to receiving your record of decision at the conclusion of environmental review. If you have any questions about these comments, please contact Wayne Barstad, regional environmental assessment ecologist, at 651 772-7940. Sincerely, (dar_4'-dte"-1( for Joseph M. Kurcinka Regional Director CC: Wayne Barstad, Bonita Eliason, Steve Colvin, Bernice Cramblit, Julie Ekman,Bryan Lueth, Daryl Ellison, Heather Tetrault, Sarah Wren(DNR) Jon Larsen(EQB) Nick Rowse(USFWS) ERDB 20070339-0002 EP07HennepinV illageRoadway.doc An Equal Opportunity Employer Who Values Diversity DNR Information:651-296-6157 1-888-646-6367 TTY:651-296-5484 1-800-657-3929 Hennepin County Transportation Department Hennepin 1600 Prairie Drive 612-596-0300,Phone Medina,MN 55340-5421 763-478-4000,FAX 763-478-4030,TDD www.hennepin.us February 7,2007 Ms. Leslie A. Stovring, Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Draft Environmental Assessment Worksheet Hennepin Village Roadway Alternatives Dear Ms. Stowing: This letter provides comments on the draft Environmental Assessment Worksheet for the Hennepin Village Roadway Alternatives dated December 2006. We recognize the significant challenges presented by the difficult terrain in this area. If one of the roadway alignments is pursued that intersect CSAH-4 (Spring Road) — such as alternative 3 or 4, we would request that the City adhere to both the County access spacing guidelines and the desirable entering sight distance guidelines. The charts for both these items are attached. Thank you for the opportunity to review the draft EAW. If you have any questions,please call me at 612-596-0354. Sincerely, Robert H. Byers,P.E. Senior Transportation Engineer c. Jim Grube,Director Transportation Department Tom Johnson-Transportation Planning Craig Twinem-Design Gene Dietz-Eden Prairie Public Works Director An Equal Opportunity Employer Recycled Paper HENNEPIN COUNTY TRANSPORTATION SYSTEMS PLAN(HC-TSP) Exhibit 7-6 -- Access Spacing Guidelines-Urban Access Spacing Criteria on County Roadway Minor Arterial Roadways ' Facilities Requesting Access Type of Access Collector Streets to County Roadways Undivided //Diiviiidddeedd Non-Public-Low Volume(<1,000 ADT) Full Movement Access / 1 \ 1/8 Mile(660 ft) • Residental Driveways ��►.ly) • Low Trip Generating Commercial Partial Access2 1/8 Mlle(660 ft) 1/16 Mlle(330 ft) Local Public Streets Full Movement Access 1/4 Mile(1,320 ft) 1/4 Mile(1,320 ft) 1/8 Mile(660 ft) • Local Residential Streets • Local Minor Collector Streets Partial Access N\,:01/8 Mile(660 ft) " \ Non-Public-High Volume(>1,000 ADT) Full Movement Access 1/4 Mile(1,320 ft) 1/4 Mile(1,320 ft) 1/8 Mile(660 ft) • Shopping Center entrances • Large Apt Complexes 1 ` • Large Industries,Industrial Park Entrances Partial Access v‘ ..0 e `3"3 ,� Arterial and Major Collector Roadways Full Movement Access 1/4 Mile(1,320 ft) 1/4 Mile(1,320 ft) 1/4 Mile(1,320 ft) • Principal Arterials(state highways) • Minor Arterials and Major Collector Roads 0 Partial Access :ct*" Full Access Allowed •>" Notes:1)Urban definition is based on being within the Year 2000 Metropolitan Urban Service Area boundary(MUSA) Access via alternative Average Daily Traffic(ADT)volumes are based on 20-year forecasts facility required 3)Measurements for spacing are taken to next access(driveway or street)on the same roadway side for divided minor arterials -Further variance considered 4)Measurements for spacing are taken to next access on either side of road for undivided minor arterials under hardship conditions 5)Existing medians will not be broken(even if the above guidelines would suggest full access is allowed) 6)Other criteria are also reviewed such as sight distance,speeds,traffic volumes and other elements(vehicle types,land use activity,etc.) . Exhibit 7-7 • Access Spacing Guidelines -Rural Access Spacing Criteria on County Roadway Minor Arterial Roadways Undivided Facilities Requesting Access Type of Access Collector Streets to County Roadways Greater Than Less Than 7,500 ADT* 7,500 ADT• Non-Public-Low Volume(<1,000 ADT) •• Residental Driveways Full Movement Access 1/4 Mile(1,320 ft) 1/8 Mile(660 ft) 1/8 Mlle(660 ft) • Low Trip Generating Commercial Local Public Streets • Local Residential Streets Full Movement Access 1/4 Mile(1,320 ft) 1/4 Mile(1,320 ft) 1/8 Mlle(660 ft) • Local Minor Collector Streets Non-Public-High Volume(>1,000 ADT) • Shopping Center entrances • Large Apt.Complexes Full Movement Access 1/4 Mile(1,320 ft) 1/4 Mile(1,320 ft) 1/8 Mile(660 ft) • Large Industries,Industrial Park Entrances Arterial and Major Collector Roadways • Principal Arterials(state highways) Full Movement Access 1/2 Mile(2,640 ft) 1/4 Mile(1,320 ft) 1/4 Mile(1,320 ft) • Minor Arterials and Major Collector Roads • Notes:1)Measurements for spacing are taken to next access(driveway or street)on the same roadway side for divided minor arterials 2)Measurements for spacing are taken to next access on either side of road for undivided minor arterials 3)Chart assumes all rural County roadways are undivided 4)Other criteria are also reviewed such as sight distance,speeds,traffic volumes and other elements(vehicle types,land use activity,etc.) 5)Rural area is defined as being outside the Year 2000 Metropolitan Service Area(MUSA)as defined by the Metropolitan Council Changes to the above spacing guidelines may be granted where sufficient justification is provided. Chapter 7 Access Management Page 7-12 HENNEPIN COUNTY TRANSPORTATION SYSTEMS PLAN(HG-TSP) Minimum Safety Sight Distance Guideline The minimum entering sight distance guidelines of 10 times the speed will be used for extreme circumstances where desirable entering sight distances cannot be met and access off a county road is necessary. The minimums are to afford a minimum level of safety. No new accesses will be allowed, and no entrance permits will be issued for proposed entrances that do not meet this basic minimum criterion, but rather a partnership approach with communities and property owners would be used to develop a safe, acceptable solution. Exhibit 7-9 below summarizes the minimum, desirable, and major new construction sight distances. Exhibit 7-9 Summary of Sight Distances for Vehicles Entering County Roadways Desirable MnDOT Minimum Driveways and Street Road Design Manual Entering Entrances Practice Sight Distance (existing & minor (major new construction) construction) Speed 10X Speed Site Site Distance to Right and Left ' (MPH) Limit Distance to Distance to Street Entrance (ft) (ft) Left (ft) Right (ft) 30 300 350 300 410 35 350 440 350 540 40 400 530 440 670 45 450 635 570 835 50 500 740 700 1,030 55 550 845 875 1,280 60 600 950 1,050 1,540 Chapter 7 Access Management Page 7-18 tMetropolitan Council February 27, 2007 Gene Dietz, Public Works Director City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 44344 Re: City of Eden Prairie—Environmental Assessment Worksheet(EAW)—Hennepin Village Roadway Alternatives Metropolitan Council Review No. 19946-1 Metropolitan Council District 3 (Mary Hill Smith, 952-475-1388) Dear Mr. Dietz: The City of Eden Prairie is considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive. Six roadway alternates are being considered too provide for traffic flow and adequate emergency access. The proposed project is called Hennepin Village Roadway Alternatives. Council staff has conducted a review of this EAW to determine its adequacy and accuracy in addressing regional concerns and potential for causing significant environmental effects. Staff finds that the proposed project has the potential for causing significant adverse environmental effects. While the EAW has identified that such impacts could occur(including groundwater diversions, ecologically sensitive native plant community impacts, and bluff protection zone impacts),it has not adequately determined their potential severity. Staff recommends more detailed alternative analysis be undertaken before a negative declaration on the need for an EIS is made and a preferred alternative is selected. Item 6—Project Description (James Larsen,P.E., Sr. Environmental Planner, 651-602-1159, Jim.Larsen@metc.state.mn.us) All six proposed roadway alternatives to maintain the existing connection between Eden Prairie Road and current U.S. 212 have been evaluated using the Appendix 'A' traffic model,that has only forecast traffic numbers through 2008. Additionally, each of the six roadway alternatives is predicted to need a waiver from the City's existing bluff protection ordinance or have potential groundwater, surface water, and/or ecologically sensitive native plant community impacts that have not been adequately investigated in this document to assess each alternative's cumulative environmental impacts. Due to the proximity of the project site and potential impacts, Council staff anticipates that there could be down-gradient impacts to the adjacent Minnesota Valley National Wildlife Refuge, a potential impact of Metropolitan Significance. The document is not clear about where and how,under each of the proposed roadway alternatives, existing Eden Prairie road would be closed off from through-traffic. Council staff presumes that the existing connection to Trunk Highway(TH)212 will need to be maintained below the face of the bluff for each alternative to provide access to existing parcels of record north of the highway in that location. The Record of Decision document needs to clarify this issue. The Appendix 'A' "Traffic Impact Study" evaluates projected traffic volumes to only 2008 for each of the roadway alternatives. Council staff recommends that the study be revised to reflect ultimate build-out www.metrocouncil.org 390 Robert Street North • St. Paul,MN 55101-1805 • (651) 602-1000 • Fax(651) 602-1550 • TTY(651)291-0904 An Equal Opportunity Employer Gene Dietz, Public Works Director February 27,2007 Page 2 development traffic volumes through the area to determine whether one or more of the proposed roadway alternatives will be necessary, and if or when further roadway redesign might be necessary. Council staff recommends the Record of Decision document address the viability of an alternative that would maintain the existing location of Eden Prairie Road over/down the bluff in its current location,with revisions to its connection to TH 212 that would either minimize or eliminate current public safety issues. This roadway alternative would minimize the number of new impact zones along the bluff face,to minimize wildlife crossings, vegetation impacts, and new sources of erosion along the highly erodable bluff face. Item 11—Fish, Wildlife, and Ecologically Sensitive Resources(James Larsen,P.E., Sr. Environmental Planner, 651-602-1159, Jiin.Larsen@metc.state.mn.us) The potential for redirection of local groundwater flow and negative surface water impacts to Riley Creek has not been adequately evaluated in the EAW. The document states that the area in the vicinity of Alternative#6 is guided for medium-density residential development. It is unclear from the document or the City's existing comprehensive plan,whether or not a roadway crossing of Riley Creek to connect to Prospect would be necessary in conjunction with planned development in this area. Council staff recommends that the Record of Decision document clarify these issues. Item 12—Physical Impacts on Water Resources (James Larsen, P.E., Sr. Environmental Planner, 651- 602-1159, Jim.Larsen@metc.state.mn.us) Storm water runoff from several of the proposed roadway alternatives will be routed into Riley Creek following pretreatment. Riley Creek has been designated by the Minnesota Pollution Control Agency (MPCA)as an impaired water, and is on the agency's `Total Maximum Daily Load' (TMDL) list for turbidity, which negatively impacts aquatic life. The current turbidity level in the creek due to suspended solids exceeds the accepted federal Clean Water Act adopted water quality standard. This turbidity impaiiuient is likely due to pollutants in stoical water runoff,exacerbated by the highly erodable soils in the creek's watershed. The MPCA has established a timeline of 2005 —2009 for completion of a Riley Creek TMDL study,which will include a plan to restore the creek's ability to meet water quality standards. Projects that might negatively impact the water quality in Riley Creek may be required to provide additional levels of water quality improvement, in accordance with ultimate TMDL study and program requirements. Item 25—Nearby Resources Parks,Recreation Areas and Trails(Jan Youngquist, Senior Park Planner, 651-602 1029,Jan.Youngquist@metc.state.mn.us) The EAW should acknowledge that the Minnesota Valley National Wildlife Refuge (Refuge)is located on the south side of Highway 212, across from the EAW study area and at the intersection of Roadway Alternative 5 with Highway 212. The Refuge,a component of the Regional Park and Open Space System, lies at the base of the bluff and continues south to the Minnesota River. It is afforded protection through the 2030 Regional Parks Policy Plan and the Council's review authority for impacts of Metropolitan Significance. Gene Dietz,Public Works Director February 27, 2007 Page 3 The EAW indicates that Roadway alternatives 3,4, 5, 6 are partly within a Bluff Impact Zone and that roads are permitted to be constructed on steep slopes provided that adequate erosion control measures are taken. The EAW then states: "The City Council must evaluate whether erosion control measures proposed for any selected alternate for construction in the Bluff Impact Zone meets those requirements or whether a waiver should be granted based on the need for road construction." Council staff has concerns regarding the potential impacts to the Minnesota Valley National Wildlife Refuge from a waiver of the Bluff Impact Zone requirements or the implementation of inadequate erosion control methods. The EAW has not adequately addressed the environmental impacts of such a waiver,which may differ based on each of the various roadway alternative scenarios. Staff recommends that a more detailed analysis of the cumulative impacts of each roadway alternative be prepared prior to the determination of whether an EIS is necessary. This will conclude the Council's review of the EAW. The Council will take no formal action on the EAW. If you have any questions or need further infoiuiation,please contact the two technical review staff noted above or Jim Uttley, AICP,Principal Reviewer and Sector Representative at 651-602-1361. Sinc ely, fro �' -- Phyllis anson,Manager Local Planning Assistance cc: Leslie A. Stowing,Environmental Coordinator, City of Eden Prairie Tod Sherman, Development Reviews Coordinator,MnDOT-Metro Division Mary Hill Smith,Metropolitan Council District 3 Keith Buttleman, Environmental Services Jim Uttley,AICP,Principal Reviewer and Sector Representative Cheryl Olsen, Reviews Coordinator V:\Reviews\Communitie,\Eden Prairie\Letters\Elden Prairie 2007I:A\/Hennepin Village Roadway Alternatives I9946 1.doe oNEsoq Minnesota Department of Transportation Duo yo Metropolitan District �,�oFpNy°° Waters Edge 1500 West County Road B-2 Roseville, MN 55113-3174 February 22, 2007 Michael Franzen City of Eden Prairie Planner 8080 Mitchell Road Eden Prairie,MN 55344 SUBJECT: Hennepin Village Roadway EAW(Prospect Road EAW) Mn/DOT Review#EAW07-001 Flying Cloud Drive(TH 212) and Eden Prairie Road Eden Prairie,Hennepin Control Section 2744 Dear Mr.Franzen: Thank you for the opportunity to review the Hennepin Village Roadway EAW(Prospect Road EAW). Mn/DOT's staff has reviewed the plans and has the following comments. Please address these comments prior to further development. Design/Traffic: Roadway alternates 6, 3,and 4 are the preferred options (in that order). These three alternates would route traffic to Spring Rd in order to access TH 212. The intersection of Spring Rd and TH 212 provides left and right turn lanes making it more suitable for the redirection of traffic. Alternates 1 and 2 route traffic to Dell Rd in order to access TH 212. This intersection does not have a left turn lane,therefore these alternates would not be recommended unless a left turn lane was constructed. The access to 212 from alternate 5 would not provide adequate sight distance in either direction. Intersection Site Distance(ISD) at the proposed new location(Alt. 5)may be as little as 600'to the west, and 950'to the east, due to the horizontal curves. At the posted 55 mph,the desired ISD is 1220'; the minimum(10 sec.)is 810'. For questions concerning these comments,please contact Lindsay Sheppard(651-634-2379)in Mn/DOT Traffic Engineering Section. Drainage: There is not enough information in the EAW to determine if a drainage permit is required.When the plans are developed,the city will need to provide drainage comps and drainage area maps so that Mn/DOT can determine if a drainage permit will be required. For questions concerning drainage,please contact Derek Beauduy(651-634-2080) in Mn/DOT's Water Resources Section. Permits: Any work impacting MnDOT right of way requires a permit. Permit forms are available from MnDOT's utility website at www.dot.state.mn.us/tecsup/utility . Please include 1 full size plan set and 1 electronic plan set in pdf format for each application. For questions concerning permits, please contact Jeff Dierberger(651-582-1443)in Mn/DOT's Permits Section. An equal opportunity employer As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Reviews Mn/DOT-Metro Division Waters Edge 1500 West County Road B-2 Roseville,Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's 30-day review and response process to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. If you have any questions concerning this review please feel free to contact me at (651) 582- 1548. Sincerely, Tod Sherman Planning Supervisor Copy: Bob Byers/Hennepin County Planner Copy sent via Groupwise: Buck Craig Lindsay Shephard Derek Beauduy Ken Ljung Jeff Dierberger Victoria Nill Cindy Carlsson Ann Braden/Metropolitan Council File Copy: Mn/DOT Division File CS 2744 Mn/DOT LGL File Eden Prairie Minnesota Pollution Control Agency 520 Lafayette Road North I St.Paul,MN 55155-4194 1651-296-6300 1800-657-3864 1651-282-5332 TTY I www.pca.state.mn.us February 21, 2007 Mr. Scott Neal City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: Hennepin Village Roadway Alternatives Environmental Assessment Worksheet Dear Mr. Neal: The Minnesota Pollution Control Agency(MPCA) has received copies of the Environmental Assessment Worksheet(EAW)prepared for the above project,prepared by the city of Eden Prairie,Responsible Governmental Unit(RGU). The MPCA has not reviewed the EAW for this project; therefore, the MPCA has no specific comments to provide the.RGU. This decision not to review the EAW does not constitute waiver by the MPCA of any pending permits required by the MPCA. Ultimately, it is the responsibility of the project proposer to secure any required permits and to comply with any requisite peiutit conditions. The enclosed checklist identifies permits that the project may require, together with the most recent contacts at the MPCA. We remind the RGU that,pursuant to Minn. R. 4410.1700, subp. 5 (Environmental Quality Board Rules), a copy of the RGU's decision on this EAW needs to be sent to the MPCA. Sincerely, Jessica Ebertz Project Manager Environmental Review and Operations Section Regional Division JE:mbo Enclosure cc: Gene Dietz, P.E., City of Eden Prairie St.Paul I Brainerd Detroit Lakes Duluth I Mankato I Marshall I Rochester ( Willmar I Printed on 100%post-consumer recycled paper 3 CHHJCKLIST 1 - - ire f.r After a cursory review of the proposed project,the Minnesota Pollution Control Agency(MPCA)staff noted areas that may need additional follow-up and/or a permit from the MPCA. Those specific areas are checked below: n SDS Permit—Sanitary Sewer Extension Permit A State Disposal System(SDS)Permit is required for any extension of a sanitary sewer. If a sanitary sewer is proposed as a part of this project,an application for the SDS Permit should be made to the MPCA by contacting David Sahli,Municipal Division(MUN),Metro Region,at 651/296-8722. j<NPDES/SDS Permit for dredged material disposal." A i-ierr,ai-e cc, -- C,U(ufr� S C. OS S, If disposal of dredged material is anticipated,then Brett Ballavance(Duluth office)at 218/723-4837 or Jaramie c Logelin(Duluth office)at 218/529-6257(northern),or Elise Doucette(MUN/Mefro Region)'at 651/296-7290 or Jeff Smith(Rochester office)at 507/285-7302(southern)should be contacted. • NPDES.Peiinit Construction Stormwater: A General National Pollutant Discharge Elimination System(NPDES)Permit from the MPCA for construction • activities will be required for all projects that disturb one(1)or more acres of land. The NPDES Permit specifically requires Best Management Practices which are detailed in the permit(additional information can.be found in the MPCA document Protecting Water'Quality in Urban Area)to prevent erosion and control sedimentation during construction and a stormwater pollution prevention plan to manage pollutants in storm- water runoff from the site that,will occur after construction is complete. As a requirement of the NPDES Permit, storm-water wet-detention ponds must be installed to treat the storm-water runoff whenever a project replaces surface vegetation with one or more cumulative acres of impervious surface. If you have need of technical assistance regarding this,please contact Michael Findorff(MUN/Metro Region)at 651/296-6798 or Todd Smith (MUN)at 651/215-6008. For more general information,please contact the appropriate MPCA Regional Office , staff below: ❑ Brainerd, Lisa Woog at 218/855-5017 ❑ Duluth, Jim Dexter at 218/529-6253 ❑ Detroit Lakes, Joyce Cieluch at 218/846-7387 - ❑ Willmar/Marshall,Judy Mader(St.Paul office) at 651/296-7315 or Mark Hanson(Marshall Office)at 507/537-6000 Rochester,Roberta Getman at 507/280-2996 Metro,Brian Gove(REM/Metro Region)at 651/296-7597 ' Industrial Storrnwater ❑ Brainerd,Robin Novotny at 218/828-6114 ❑ Duluth, John Thomas at 218/723-4928 ❑ Detroit Lakes,Jack Frederick at 218/846-0734 ❑ Marshall,Brad Gillingham at 507/537-6381 ❑ Mankato,Teri Roth at 507/389-5235 El Rochester,Dennis Hayes at 507/280-2991 ❑ Rochester,Jeff Smith at 507/285-7307 ❑ Major Facilities, Elice Doucette(MUN/Metro Region)at 651/296-7290 • ❑. Willmar,Ben Koplin at 320/231-5321 I .) Septic Tank System , Individual septic tank systems design and construction must comply with Minn. R. 7080. For additional information,contact Mark Wespetal(MUN, Water Policy and Coordination)at 651/296-9322.. . • • 6/21/05 _1 OVER • fIWater Quality Certification Waiver of the Clean Water Act Section 401 Water Quality Certification is required: When wetlands are altered or impacted by filling,drainage,excavation,or inundation as part of the federal Clean Water Act Section 404 permit process, a statement waiving the 401 Certification from our agency must be obtained. If you have any questions regarding this,please contact Jennifer Olson,of the Regional Division,Business Systems Unit 1, at 651/297-8611. The MPCA requires the project be evaluated for mitigation in accordance with the following hierarchy of preference: a. Avoid the impact. b. Minimize the impact. c. Mitigate the impact through wetland replacement. (1 Demolition Debris Demolition debris must be disposed of at a properly permitted disposal facility. For information on the location of one nearest you,please contact the appropriate MPCA Regional Office staff below: ❑ Brainerd,Curt Hoffman at 218/828-6198 El Detroit Lakes,Roger Rolf at 218/846-0774 ❑ Duluth,Heidi Kroening at 218/723-4795 or Tim Musick at 218/723-4708 ❑ Marshall,Brad Gillingham at 507/537-6381 ❑ Rochester,Mark Hugeback at 507/2.80-5585 ❑ Metro,Jackie Deneen(MUN)at 651/297-5847 Asbestos Asbestos may be present in the building(s)that will be demolished,which requires special handling. Please contact Jackie Deneen(MUN)at 651/297-5847 for additional information. II Wells Abandonment and/or installation of wells must be done by a licensed well driller. Please contact the Minnesota Depaitment of Health 651/215-0823 for additional information. I I Above and Below Ground Tanks The installation and/or removal of ALL above and below ground tanks must be reported to the MPCA before any work begins. Please contact the MPCA Customer Assistance Center at 651/297-2274 or 800/646-6247 for additional information. Potential Cumulative Effects 1' The section of the EAW designated for the analysis and discussion of potential cumulative effects is incomplete. Please refer to Citizens Advocating Responsible'Development v. Kandiyohi Board of Commissioners, 713 N.W.2d 817(Minn.2006).The Court held that a"cumulative potential effects"inquiry under Minn.R.4410.1700, subp. 7,requires a Responsible Governmental Unit to inquire whether a proposed project, which may not individually have the potential to cause significant environmental effects, could have a significant effect when considered along with other projects that(1)are already in existence, are actually planned for, or for which a basis of expectation has been laid;(2)are located in the surrounding area; and(3)might reasonably be expected to affect the same natural resources Other Issues Identified by Staff • • • 6/21/05 2 OVER FEB-27-2007 10 14 BARR ENGINEERING 9528322601 P.02 Barr Engineering Company 4700 West 77th Street - Minneapolis, MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 • www.barr.com An EEO Employer BARR Minneapolis, MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO February 27, 2007 Mr. Gene Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: EAW for the Hennepin Village Roadway Alternative Analysis Dear Mr. Dietz: The Riley-Purgatory-Bluff Creek Watershed District appreciates the opportunity to provide comments on the EAW for the Hennepin Village Roadway Alternative Analysis. If the city of Eden Prairie decides on Alternative 6, the District recommends that the bridge crossing of the creek be selected which will minimize impacts to the Riley Creek system. If you have any questions or comments,please feel free to contact us. Sincerely, obert C. Obermeyer Barr Engineering Compa Engineers for the District C: Board of Managers Paul Haik TOTAL P.02 The Pemtom Land Company 7697 ANAGRAM DRIVE EDEN PRAIRIE,MINNESOTA 55344 (952) 937-0716 • FAX (952) 937-8635 TO: City of Eden Prairie SUBJECT: EAW Roadway Alternatives DATE: March 9, 2007 Honorable Mayor,Members of the City Council, Planning Commission and Professional Staff The study of roadway alternatives for this area is an honorable undertaking. Utilities and roads that meet City standards do not serve land in this area and this study puts these parcels and transportation systems under review. The Project title is much broader than "Hennepin Village Roadway Alternatives". The Hennepin Village property was previously studied by an AUAR. This study area incorporates many land parcels and roads outside of the Hennepin Village boundary. Hennepin Village is required, under its original approval process, to build the future Prospect Road crossing over this very sensitive Riley Creek Corridor. To this end, Hennepin Village has already completed the preliminary road design for this crossing and had preliminary approval by City Staff in advance of hearings on Site B and the Small Property last fall. In many respects with the many safety issues and substandard design of Flying Cloud Drive, Dell Road/Flying Cloud Drive and Eden Prairie Road, it would seem logical that a decision on the future of these two intersections should have been made before this study proceeded. For example, if the decision is reached to upgrade these intersections, that would have an impact on the alternatives that would have been studied. The City Staff should put forth their plans for these two intersections and the alternative roads between the two roads to serve the undeveloped land in this area, subsequently putting all property owners including Hennepin Village on notice as to the City's intentions for serving this area in the future. The study, under Paragraph 6, indicates that the City is ---------- "consider-in-neither-closing_or-r-erouting_the-intersection-of_Fl_ying_Cloud,Drive_and_Eden_ Prairie Road. It would be of benefit to all concerned if that decision is made. Our work within Hennepin Village has provided us the detail knowledge of the impacts of Prospect Road and Alternative 6. To that extent, our comments are respectfully submitted. Several errors in the study downplay the known impacts due to construction of Alternative 6. We are therefore concerned that if that option is constructed the proposed impacts will be much greater than the document describes. For example: City of Eden Prairie March 9, 2007 Page 2 EAW Question 7,Page 3 —The table summarizes the project magnitude as 2.16 acres. The plans that we submitted and were reviewed by staff indicate an impact of approximately 8.0 acres. EAW Question 10,Page 5 - The table lists the cover types totaling 2.16 acres. This is incorrect also. The project magnitude is approximately 8.0 acres. EAW Question 11, Page 7 - The document claims that the Kitten tail is outside the construction limits. The threatened species of Kitten-tail is in a location that will require removal should this roadway be constructed. EAW Question 16,Page 8 - The graded total is approximately 8.0 acres versus 2.16 acres as stated. The estimated amount of soil to be removed is stated at 15,600 cubic yards. The actual amount planned is 140,000 cubic yards. EAW Question 17 Page 9 - The document states that Alternative 6 would discharge directly to Riley Creek. This is not consistent with the plans we submitted since it is our understanding that this would not be allowed by the Watershed District. EAW Question Number 17,Page 10 -We believe that the data contained in the table is incorrect and should be corrected by the author in all scenarios. EAW Question Number 31, Page 16 - Item number 2 states that the Kitten-tail falls outside of the construction limits. That is incorrect as stated above. A group of plants falls within a large cut area during the excavation. We have submitted our comments to you based on your request for feedback. As indicated above, we understand that our original approval required the construction of Prospect Road between Site A and Site B. We now realize, as you will from reflecting on this study,that the crossing of this very sensitive Riley Creek Area prompted and requireclookf all the alternatives for serving not only the Hennepin Village site,but also the entire area between Eden Prairie Road and Dell Road. If it is determined that the current approved design of Prospect Road is changed resulting in greater cost and/or the closure of Eden Prairie Road and Flying Cloud Drive occurs, the cost to complete Prospect Road from Site A to Site B should be a shared cost to all benefiting property owners. The intersection and approach to Flying Cloud Drive from Eden Prairie Road is a known safety hazard and as such the closure of that intersection benefits a very large area of the City and in fairness the cost of Prospect Road dictates that the cost be shared on an equitable basis. City of Eden Prairie March 9, 2007 Page 3 We trust that the results of this study, our comments and the comments of other concerned residents will be carefully reviewed by the City as they resolve the issues facing this developing area of the City. Sincerely, HENNEP VILLAGE LIMITED PARTNERSHIP Daniel J. Herbst President DJH/idt Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 1 Jeff Strate 15021 Summerhill Drive Eden Prairie, Minnesoa 55346 952-949-8980 bukumi@infionline.net March 12, 2007 Gene Dietz, Director Public Works Pertinent Commissions, City Council and Staff City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN Re: Comments on Draft EAW Hennepin Village Roadway Alternatives Dear City, I applaud the City's decision a while back to have an Environmental Assessment Worksheet produced for the six possible road options for a section of southern Eden Prairie between Dell Road and Spring Road. Good decision making regarding future land use in that area will require accurate environmental data and knowledgeable interpretation and perspective of that data. This letter includes my comments, recommended amendments and addendums for the Draft EAW Hennepin Village Roadway Alternatives as of March 12, 2007. I am only commenting on those sections of the Draft EAW with which I have questions or recommended amendments. I am not presenting my comments on behalf of others and may submit additional comments to the City and/or relevant agencies at various times during the March 12 though April 14 public comment period. With warmest regards, (signed) Jeff Strate Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 2 KEY TO JEFF STRATE'S COMMENTS Text that has a shaded backround is lifted verbatim from the Draft EAW or from other public documents and referenced sources. Text that has shaded margins signifies a verbatim version or copied version of a document or letter. Text in this font style that and/or is colored dark blue identifies my recommended amendments and addenda. My supporting comments are identified as such. Page 2 6b. Give a complete description of the proposed project and related new construction. Attach additional sheets as necessary. Emphasize construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes. Include modifications to existing equipment or industrial processes and significant demolition, removal or remodeling of existing structures. Indicate the timing and duration of construction activities. I recommend that the strike through words be replaced by an addendum identified in UPPER CASE WORDS in the following sentence. Construction would proceed using typical municipal roadway construction techniques, as either a public construction contract(Alternates 1 through 5) or by agreement with a developer FUTURE DEVELOPERS (Alternate 6). In the following paragraph, I recommend that the word "proposed" should be qualified by my recommended addendum that is identified in UPPER CASE so that it accurately reflects that the developer's "proposal" for the Prospect Road extension has been at the request of the City and not initiated by the developer. Minimal roadway design for Alternates 1 though 5 has occurred, and design parameters such as roadway widths, cross section, alignment, grades, earthwork, and utility design have not been determined or determined only conceptually. A preliminary design by a developer has been proposed AT THE REQUEST OF THE CITY for Alternate 6. Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 3 Page 2 and 3 I recommend that the EAW include an additional Alternate 7: a street or public safety access road to serve the Summit Oaks subdivision of Hennepin Village just west of and adjacent to Spring Road and north of Riley Creek. This alternate, which has been informally discussed by the developer of Hennepin Village, would be similar to the limited use street link that connects the east and west stretches of Cedarcrest Drive which is approximately 3000 feet northwest of Summit Oaks. Page 3, Item 7 Project Magnitude Data Discussion: The table that provides estimated road lengths and estimated sizes of impact areas and the following analyses for each alternate, seemingly (perhaps unintentionally) presents the data in a manner which suggests that Alternates 1,2,3,4 and 5 would have more impact than Alternate 6. However, a realistic analysis needs to take into account that other local roads, driveways, sidewalks and roof tops and patios- impervious surfaces- WILL BE constructed in the areas of Alternates 1 and 2 even if Alternates 1 or 2 are not selected. Alternates 3, 4, 5 and 6 are in terrain that will not likely host any additional development. • In other words, the long-term, net environmental impact of alternates 1 ' •. and 2 on the areas that they are being hypothetically proposed for will not be 1 that much different if either one is rejected because these areas are most likely to be developed anyway. COMMENT: Alternate 6, as currently `.\ designed, would sit on top of a 36 foot - high embankment. Proper ••.- construction of this embankment would y ';+;¢, / impact significantly more than the 2.6 acres than the Draft EAW estimates The Cedar Hills rope tow path in the late because it is basing its estimate only on 1960's. The view looks down to the proposed the amount of area that would be bridge or embankment crossing of Riley Creek required for the connection if it were on as described in Alternate 6. relatively flat terrain. Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 4 COMMENT: If alternate 6 -the proposed road over Riley Creek Valley-- is rejected, no other additional road crossings of the creek would be built within the creek valley from Old Dell Road to Spring Road. This scenario should be sited in the final EAW. I recommend amending this portion of the draft EAW to accurately reflect what will actually happen along alternates 1, 2 and 6 as described in my comments. Page 5 11. Fish,wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. Alternates 1 though 5 would require the removal of existing forest and woodlands and would replace them with impervious surface and grassland, reducing wooded habitat and replacing it with tall grass habitat. For each of the alternates, tree removals would be a small percent of the existing wooded habitat, so it is unlikely that these removals would have more than a temporary impact on overall habitat availability. Restoration following construction could include reforestation where possible, mitigating some of the tree loss. Alternates 3, 4, and 5 would create a new cleared pathway through existing woodland or grassland, fragmenting habitat and creating a potential barrier for some types of wildlife migration. No mitigation measures are proposed." Draft EAW) I strongly recommend that the above paragraph be amended to accurately reflect the type of "existing forest and woodland" that would be affected by Alternates 1 and 2 and possibly Alternate 6. Comment: . The Draft EAW in this section states that projected tree removals for each of the alternates would be a small percent of the existing wooded habitat and concludes that these removals would unlikely have more than a"temporary impact on overall habitat availability." The draft EAW in this section also claims that restoration including reforestation where possible could mitigate tree loss. Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 5 However, segments of Alternates 1 and 2 : as described in the Draft EAW would pass .,,• 1 Ffy Ip `r Ai i 1 1 through and inside the southern boundary . , of one of the very few, prime and , .� t,° ; :,.1 sustainable remnant Big Woods to survive .,. j in the Twin Cities region. According to the ,-?- 4 l;' , •, E 0Minnesota County Biological Survey of t r Natural Communities and rare species of _ 7 Carver, Hennepin and Scott Counties in _ ! : 1998, less than 1% of Hennepin County's yY '.� , maple basswood big woods biome survives today. At that time only, only 1100 acres it- ``; z'I, "� ". remained. The DNR's Hannah Texler -- A*reported to me by phone on Friday March =_ lL,... 9th that the surviving figures are most likely • • '2' `, t to be less. (Reference: Minnesota County , Biological Survey. Carverr, Hennepin and - - Scott Counties, 1998). The Big Woods in Riley Creek CA The north edge of Turnbull Road which is --. • JR_ lar"lj incorporated into Alternatives 1 and 2 and the north and south edge of Alternative 1 air from existing Beverly Drive to existing 11411164be ifrr. 110...-1, 90 1 Turnbull Road borders on the Riley Creek Conservation Area. The Riley Creek X"' Conservation Area protects the big woods ,�,,�, as well as associated woodlands up stream j • ;�'� and down stream which help sustain the .; - , -....., .."„...210.-- ' plant and animal life within the big woods. Solomon's Seal in the Big Woods of the Riley Further edge degradation of the Riley Creek Conservation Area. Creek big woods caused by the construction of a new road or new homes is The Riley Creek Big Woods also supports an important environmental consideration trillium,rue anemone,blue cohash,marsh that the draft EAW does not but needs to marigold, false Solomon's seal and other rare forest plants. Barred owls,pileated wood acknowledge. The draft EAW also peckers and opossum are amoung the animalrs wrongly suggests that tree mitigation will that live in the big woods. answer the challenge of tree loss in the vicinity of the big woods. Additional comments and references related to the Riley Creek Conservation Area follow in alignment with related sections of the draft EAW. Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 6 Page 6 and 7 1 lb. Are any state-listed(endangered, threatened or special concern) species, rare plant communities or other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or regionally rare plant communities on or near the site? X Yes No Comment: The draft EAW refers to areas that will be affected by Alternates 3, 4 and 5 but should also refer to Alternates 1 and 2. Although the various studies referred to in the report have lists of plants that can be found in the Big Woods none of which are on the endangered or threatened species list, a closer look should be done. I recommend that the draft EAW be amended to include data on (1) the regionally rare plant community and (2) the organic layers of soil - forest floor duff - which these plants require. This area is currently protected by the City of Eden Prairie within the Riley Creek Conservation Area. The area is one of the highest ranked Big Woods remnants in the 7 county metro area. Comment: Existing Turnbull Road forms part of the conservation area's southern boundary. As described in the Draft EAW Segments of Alternative 1 and Alternative 2 would cut through woodlands associated with the big woods which are important to the sustainability of the rare, big wood biome. The City's own public record clearly references the ecological importance of the big woods: The first study of the Riley Creek Big Woods was done as part of the City's 1993 SUMMARY Natural Community Survey which was REPORT • prepared by Barton-Aschman Associates and Lee Frelich. The survey evaluated and then ranked some of the most NATURAL environmentally valuable natural areas at that time in southern and western Eden COMMUNITY Prairie in anticipation of the City's Land Preservation Referendum which was held SURVEY on May 24, 1994. The big woods north of Turnbull Road and Beverly Drive that ; .^1LV includes the Riley Creek Valley and upland I 01 I Natural Resources Study Commottee .,. City of Eden Prairie.Minnesota sections on the north side of the creek were ranked along with prairie blufflands north BANTON-A•ONMAN AasaCIATrs.INC. of Highway 212 and east of Spring Road as In naenelnticn with 4eE intich the most deserving of protection. Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 7 The Referendum passed and the City began acquiring ' ,..A = : - '5 , : - -- ; property in the area for inclusion into the conservation area + " : y1r. _ ' : adding to it when possible with land dedicated to the from ". 4t, ,.)� :h: t `� new developments. The City has looked at the Rile y 1.• tz ,. 7F,,_ •; ' Creek Valley and the big woods north of Turnbull Road " .; '.r:, 7 ,. and Beverly Drive a number of times. Relevant sections f F. _, of the public record beginning with the Natural e- ,' ' e . - Community Survey on the following pages. . ;.,7 ;,, :,.1. 4oi t.- - : - `.- i.. .. „or'. 0111 _ ve- The Big Woods in the Riley Creek ilo� Conservation Area. The creek bed is `°', ,. 1/4 up from the bottom of the photo. -.-. it t 1 r - The Referenece Map is from the --4 2 Birch Island Woods website at www.fbiw.org MI rc I Lim :r:. rr E .r i�~ I. I Oak Greek at A `,' - I 11 .7—� Hennepin Village II 1' 2 i i 6 preapact Road ,'yam l `.. J yrL 1vl,Lou) Riley 3 Old Club House lie ` r r 1 Grant ell,, A_ _.:—� ahurvu , 4 Fredrick Miller 1 �J / Spring 8 Summit gales at -j Hennepin Village "" e^L16n`s Tap ..[. ../ NAlo d HIPpOI S. Lire I I I for opens Fut N®w Srs Lend 1•. Z Dedicat space Su6dlvzsioos „_\ 11 c �Y� Dell • w l Renner. '- 11_°" _'' sever IY Or c 1 `` _n;-... a� Villa e Rineard T Anderson - Turfehull Rd r a 4 Con.Area 'l 1 • FLY1Nr,`CrOuU 1/e _ Geraer Vatinn Are, -- an-Riley Creek 1 Miller Spring _ - 1 _ - __- 4___ _ 6 --- Referen__...:- , -. . �` . Not all features shown a,r or scaled accurately. , Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 8 Riley Creek Woods (G10 to C-11) An Ecologist's First Impressions Anyone can be easily impressed by the feeling of'oldness' in a forest with big, hulking tree trunks and high-reaching branches as far as you can see_ Yes, this must be old growth, but more than lbw', no one has been tempted to sample a bit of it for any variety of woodworking challenges. No one scents to have been in much of it at all, given the lack of more than a couple of minor footpaths, Ecological Assessment This site has a high quality old-growth stand of Bigwoods t:ugar maple,, red oak, arid basswood. It is of higher quality than the other Bigwoods sites (Mitchell woods and Peterson property) among the seven sites, There is no evidence of gutting or gazing in the northern 20-acre tract. According to Kurt Rusterbolz, of the h+inDNE Natcmi Red[age Program, there has been some selective cutting in part of the southern ea f, wraith we were not able to get permission to examine. The major age class in the fore: is 100 to 120 years old. I io1 ever,there are a substantial number of far older trees scattered throughout the tract (probably 200 to 300 years old—although the trees are hollow and impossible to get ages). Large canopy gaps are beginning to form and w JI become more numerous over the next few dudes as some of the 100 to 120 yem old trees begin to reach senescence, Large downed logs are moderately numerous on the forest floor, and there are 21 standing dead trees per acre, The stand has the range of tree sites and ages characteristic of grade A old-growth stands_ Sugar maples range from seedlings to 20 inches in diameter,with the mean diameter for the canopy-dominant trees 11.7 inches. Densities are 59 per acre for sugar maple canopy trees and 178 per acre for suppressed trees. Red oaks range from 13 to 30 inches in diameter with a mean of 22 inches_ There are approximately$5 red oaks per acre, This site has high quality loath soil,with rapid decomposition of the forest floor and minima] buildup of duff. The thin duff provides a good environment for seedling growth arid establishment of native herbaceous flora, There is no evidence of invasion by nonnative species at this time. The stand is about 40 acres and has a compact square shape,x+rhich makes it mostly interior and also relatively easy to preserve. The leve' of deer browsing is moderately high--high enough to change populations of herbs such as trillium but not high enough to prevent sugar maple. and basswood seedling establishment. There have been one or two surface fires during the past 150 years, a{ evidenced by old hire scars on some of the larger trees in the stand. These fire scars are not datable because the wood around the edge of the scar is rotten. The stand has a large component of red oak,which is susceptible to oak wilt However. the trees are currently in good he-alth, if the stand remains intact, the spread of oak wet is not likely because the oaks are interspersed with sugar maples and basswoods so that SR-23 Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 9 the disease would have difbculty spreading from oak to oak, The oaks could become susceptible to oak wilt and die if construction of roads and homes were carried out in the stand, because injury to the trees' root systems and physical injury to the trunk that usually occurs during construction would attract the insects that spread oak wilt fungus from tree to tree. Development for housing would also allow for multiple invasion points by exotic species (Europe-an buckthorn and honeysuckle)and eliminate the interior-forest characteristic of the stand. Note that it is 40 acres,which is the rainikm= size necessary for a grade A stand, Any fragmentation by development would preclude a future rank of A. The stand ranks as AB but would rank as A if there were not minor human disturbance in the southern part or he tract This site is nearly pristine and would easily revert to a grade A stand in a few decades if human disturbance is eliminated. All six of the potential uses listed would he suitable,but a picnic area, if present, should be cc nslrucied on adjacent land along the edge or in the small human-disturb area in the southeast corner. Protection Part of the eastern boundary, including the Riley Creek ravine,is protected by a tract of land owned by the City of Eden Prairie. No vegetative buffers are necessary around this community. Protection from erosion at the top of the 'dry' ravine {except during flooding),which is just outside the boundary, is necessary. An agreement with the landowner to maintain this area should he negotiated. Steep slopes protect parts of this site from development however, fragmentation of the site by limited development would jeopardize the community and definitely lower the current quality. The habitat value of this site could be protected by a broader protection plan for the lower portion of Riley Creek that also includes the Carlson site. Ills site is positioned at the beginning of a C-shaped loop in the creek just prior to entering the Minnesota River and the Charlson site is located at the end of the loop, Steep slopes prohibit intensive development within the 'C' except for a small plateau in the middle. Communication to landowners regarding the unique natural communities surrounding them and how they might learn to protect the natural communities on their owe~ lased could be an instrumental tool in developing a broader creek corridor protection plan Stewardship Posting of boundaries and use limitations_ This should include restrictions on domestic pets and wild flower picking. SR•24 Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 10 In 1995, Eden Prairie Parks Director Bob Lambert submitted a report to the City Council regarding a proposal to name the two areas which were being acquired with money from the 1994 referendum. In that report he mentions that the Minnesota DNR considers the Riley Creek Conservation area and the Prairie Bluffs Conservation Areas to be high enough quality sites, if nominated by the City, to be designated as a DNR Scientific and Natural Areas. See below: EDEN PRAIRIE CITY COUNCri.AGENDA DATE; 3MMI/95 SECTION: Reports of Advisory Fluards ITEM NO. X.A DEPARTMENT; Packs, ITEM DESCR[PTION: Recommendation to Name Newly Acquired Recreation and'Facilities Conservation Areas Robert A.Lambert BACKGROUND; The City has recently acquired 55 acres on the Minnesola River bluffs from Lynn Charl.san, approximately 6$acres from the Klein family and Darill Peterson along the Minnesota River bluffs in the southwest corner of Eden Pra.ide and approximately 16 acres of Sig Woods property along Riley Creek from Kathy Trost,with art additional 20 acres that will be acquired from Peter George in the same vicinity within the next two months. All three sites have been acquired to conserve the nadurml resources of those sites and should be designated conservation areas within the Park and Open Space System Plan. Two of those sites,the woods along Riley Creek and the native prairie and oak savannah on the Minnesota River bluffs are such high quality sites that the Department of Natural Resources has indicated they would be accepted as DNR Scientific and Natural Areas,if the City wishes to negotiate with the Ot*1R for that status. • staff believes it is important to officially name these parcels of property as soon as possible for references on;naps that are being developed and to clarify for the public that these are conseruatirrn areas,rather than 'parks,' The conservation designation by lire City's Park and Open Space S'st;m Plan includes the following definition "Primary funetiontaser'grroull9' uses are limited to passive hiking or other trail modes consistent with resource preservation, conservation for specific management re uiremcnts necessary to maintain the area's natural characteristic. Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 11 A December 16, 1998 letter to City Planner Mike Franzen from Thomas Balcom, Supervisor of the MN DNR's Environmental Review and Assistance Unit in commenting on what this DNR office felt was an inadequate Draft EAW for the Orrin Thomspon development on the north side of the creek [Oak Parke-Eden Orchard] cautioned about development in a forested woodland adjacent to the Riley Creek Big Woods and the unrealistic value that tree loss mitigation would have on the health of the big woods. In General,remnant stands of the Big Woods forest have long been considered to be one of the most threatened natural community types in the state and are given high priority [by the DNR] for protection. (Balcom, DNR, 12/16/98) Effect of fragmentation and bird and mammal species Forest fragmentation is an issue of concern statewide, but particularly in the Twin Cities Metropolitan area. The development as proposed fragments the forest by creating more open areas and forest fringe, thus changing the existing "unopened" condition to a more sunny and windy condition. Such a change favors those species, especially birds species adapted for the boundary zone between forest and open space while adversely affecting forest bird species adapted to inhabiting only the interior portion of mature forest stands. The main consequence is to change the predation and competition and competition profile o the forest. In particular, interior-adapted forest bird species are subject to increased predation from crows,jays, and mammals that tend to hunt forest edges. (Balcom, DNR, 12/16/98) Tree loss mitigation is not sufficient Unfortunately the lost ecological functions on the site [the woodland next to the big woods] cannot be mitigated by simply planting replacement trees. Furthermore, the dimunition of ecological function and value offsite will not be mitigated by tee replacement either. (Balcom, DNR, 12/16/98) The Eden Prairie Conservation Areas Survey and Management Plan (June 2000) notes that the native Minnesota hardwood forest biome in the section of Riley Creek Conservation Area bordering Turnbull Road still retains its environmental integrity; that is to say it is free of such invasive, non-native species as buckthorn and garlic mustard. QUALITY: The Riley Creek Conservation Area is unique for its expansive maple basswood forest and for Riley creek, which created this picturesque valley. The forest at Riley Creek is one of the largest continuous tracts of maple basswood left in the region and has significant natural historical and wildlife value. Oak forest and prairie communities at Riley Creek are also in relatively good condition. As a result of its ecological quality, Riley Creek has the highest priority among Eden Prairie's conservation areas. The Eden Prairie Conservation Areas Survey and Management Plan, June 2000 Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 12 Comment: As the Draft EAW notes, some of the terrain along Turnbull Road, especially on its northern edge, is very steep with some slopes exceeding 18% of the grade. Given the high environmental significance of the big woods and the fragile nature of its soils as identified in the Natural Community Study, the EAW should present adequate data on the matter in a clear fashion. Page 5 and 6 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. (Draft EAW) Section 11 a. and Section 11 b. (see below) of the Draft EAW should be amended to indicate that cold water fish species can live in the reach of Riley Creek between Eden Prairie Road and Spring Road. Comment: This pristine reach of the creek is constantly fed year round by clean, pure kF ' a 1 ,r` springs with sufficient flow to support trout ` . ' 41„ = if the creek watershed is properly managed and trout pools are constructed. The spring th ' =''water is cold enough to support brown, brook and rainbow trout. Brett Hope, former manager of Cedar Hills Golf Course reports that a trout pond constructed in s . 1989 that was supplied by local water. Alternate 6 had for two years supported a .1J „glit� F healthy population of rainbow trout. (See F. Mr. Hope's March 12, 2007 email letter in appendix) '- :•.'ram-a� _ Although the DNR's 2003 survey of the • creek in this area did not find cold water �;; ;�: }- _ species like trout, it did report creek y temperatures that would support trout. In • = June 2006, Eden Prairie residents Doug Schmidt, I and my son Alex recorded similar, trout-friendly temperatures and Riley Creek looking downstream, east from the proposed Alternate 6 crossing in June possible habitats in Riley Creek between 2006. 100% of the flow shown in this Eden Prairie Road and Miller Spring. The photograph is spring fed although no likely creek west of Eden Prairie Road had no trout pools appear. significant flow and in places none at all. Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 13 Page 6 The Draft EAW on page 6 discusses the impact of underground water, surface water and Riley Creek water for Alternate 6 as follows 11 a. The new crossing and a permanent NURP water quality pond south and west of the creek crossing may result in a redirection of local groundwater that presently discharges to Riley Creek. Road grading and nearby ponds might redirect local groundwater to those features prior to discharge into Riley Creek. The northern extent of springs tributary to Riley Creek is not fully delineated, however, it most likely follows the depth to bedrock contour 51-100 shown in the Hennepin County Geologic Atlas. The increase in runoff and the redirection of local groundwater to ponds may result in slightly higher temperatures discharging to Riley Creek. However, those impacts would be extremely localized, and input from springs immediately downstream would mitigate any minor thermal impacts that might occur. No temperature-intolerant species are known to be present in Riley Creek. Discussion with DNR Fisheries staff(Ellison, pers. comm. 2006) and the most recent DNR fish survey(DNR, 2003) indicate that Riley Creek is unlikely to support a cold-water community. (Draft EAW) THE SECTION IMMEDIATELY ABOVE SHOULD BE AMMENDED TO SAY SOMETHING TO THE EFFECT THAT DISCHARGED WATER FROM THE NURP POND WILL HAVE A HIGHER TEMPERATURE AND BE RICHER IN NUTRIENTS THAN THE UNDERGROUND WATER THAT SUPPLIES THE CREEK ALONG THIS REACH WITH WATER. Page 6 11 b Are any state-listed(endangered, threatened or special concern) species, rare plant communities or other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or regionally rare plant communities on or near the site? _X_Yes No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources has been conducted and describe the results. If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number: ERDB 20070339. Describe measures to minimize or avoid adverse impacts. SECTION 11 b is incomplete Discussion: The Draft EAW is incomplete in this section by its own admission but also incomplete by an un-acknowledged omission. While the draft EAW provides some discussion about endangered species in areas affected by Alertnates 3. 4, 5 and 6, it provides no data or discussion about endangered, threatened or special concern species or other sensitive ecological resources. Alternates 1 and 2. Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 14 Alternates 1 and 2 pass though woodlands that are important to the sustainability of the Riley Creek big woods and also would alter or destroy habitat from the southern edge of the conservation area. Page 13 25. Nearby resources. Are any of the following resources on or in proximity to the site? Archaeological, historical or architectural resources? _X_Yes _No Prime or unique farmlands or land within an agricultural preserve? Yes _X_No Designated parks, recreation areas or trails? X_Yes _No Scenic views and vistas? _X_Yes _No _ Other unique resources? _X_Yes No If yes, describe the resource and identify any project-related impacts on the resource. Describe any measures to minimize or avoid adverse impacts. Page 14 Parks, Recreation Areas, and Trails The Riley Creek corridor in the study area is designated in the Eden Prairie Guide Plan as passive Park and Open Space. The proposed Alternate 6 would provide public access to the creek corridor. The above paragraph needs to be amended to (1) more accurately reflect already planned trail access options and (2) to reference creek, corridor and conservation access options that may or may not be enabled by Options 1, 2 and 4. Comments: Any access to the Riley Creek Trail system that would be enabled by Alternate 6 would be of minimal or no net gain in terms of access to residents. Access to the trail system along the creek near Alternate 6 can be also enabled by the planned trail system from Eden Prairie Road/Cedar Hills Park, Spring Road, the Prospect Road stub and from the proposed Oak Creek at Hennepin Village subdivision. Reference: Nature Trail Master Plans for Edenbrook, Riley Creek Scenic Views and Vistas Alternates 1 and 2 would require the extension of Turnbull Road to the east, to connect with either Beverly Drive (Alternate 1) or a new road (Alternate 2). The new public road would be constructed on the alignment of what is now a private unimproved road located on a ridgeline between the bluff to the Minnesota River to the south and an extensive area of wooded open space to the north through which Riley Creek flows. Some tree removals would be necessary to construct a wider roadway to city standard. Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 15 The existing view from the open space looking south is a wooded hillside with an occasional car passing by on the private road. Under Alternates 1 and 2, the view would be a wooded hillside with a public road and associated traffic on top of the ridge. Alternates 3, 4, and 5 would rappearance of the bluff. (Draft EAW) THE ABOVE PARAGRAPH SHOULD BE AMEND FROM TO: "... the extensive, variably sloped, big woods and associated forest and woodlands to the north through which Riley Creek flows. Some tree removal would be necessary to construct a wider roadway to City standard but alignment and construction zones would need to respect the boundary of the Riley Creek Conservation Area." Comment: The unique environmental and scenic quality of Alternates 1 and 2 need to be re-affirmed in this section. APPENDIX ITEMS From: BRETTH163@aol.com Subject: Re:Riley Creek Trout Date: March 12, 2007 2:59:27 AM CST To: bukumi@infionline.net Jeff- Rainbow trout can be supported in the lower portion of Riley Creek because I have made it happen with the help of artesian springs that flow within,and nearly north and west of the Cedar Hills area during a drought. The Minnesota DNR asked to build a rough fish barrier on Cedar Hills Golf property,as there was already an impoundment area on this Riley Creek site and consent was given for construction in 1989. The contractor used natural sediment fill from the impoundment area to retain the spring eroded down stream slope to create the earthen bridge. This created a pool to which I applied for a fish-stocking permit and applied 300-6 to 8 inch rainbow trout. Rainbow trout thrived and were caught in the pond area until a leak drained this area in February 1991. The MN DNR constructed sheet piling on the face of the impoundment to prevent future leaks but in the interim nature took its course and sediment filled the void. Every trout caught contained large levels of scud. The last rainbow trout caught in May 1991 was downstream of the barrier and measured 24 inches and 5 pounds. Brett Brett Hope 16316 Lincoln Lane Eden Prairie,MN 55344 612.723.8675 Comments on Draft EAW "Hennepin Village Roadway Alternatives" Jeff Strate, March 12, 2007 Page 16 ler 4- ' r' ,,,. -' 'ti2-T - .t*' .i �,1' �-• . JIA, - Nil. I '" --. ' .mil'_+ ,'. "-- "L •tivkl• ` site ,,, . , v ; 6_.�• asp>. . 4 • Fredrick Miller Spring Interpretative sign at Fredrick Miller Spring w- r , z-. '`et4 • u t ;• rat_ \1.4....... , tillit -. ''-.- .• '\'' , Wading in Riley Creek near Fredrick Miller spring The map and all photos except ski area photo by Jeff Strate. Ski Area rope tow path photo courtesy of Brett Hope Page 1 of 2 Leslie Stovring From: Tim M. McLaughlin [tim@grootwassink.com] Sent: Wednesday, February 14, 2007 5:35 PM To: Leslie Stovring Subject: Prospect Road Plan Attachments: Tim McLaughlin (tim@grootwassink.com).vcf Dear Leslie Stovring, I live at 9999 Dell Road or Turnbull Road. I feel the plan to run a main road to service other developments or future developments is fundamentally wrong. The Oak Creek at Hennepin Village development created the noise and pollution therefore, it should be responsible for the result of dealing with it in an environmentally sound manner. I believe the bridge at Prospect Road should be built. This was the design approved by the developer and approved by the city. Eden Prairie Road should be turned into a one way going north up the bluff and end at a cul-de-sac to allow two way traffic to the north of the bluff area. A higher traffic road on Turnbull would adversely impact the natural environment of the Bluffs, Riley Creek and the Big Woods. The volume of traffic would have the same or similar impact on Riley Creek, the Big Woods and springs along the bluffs that it would for Prospect Road. The road grades and speed of the cars going through this area would also become a safety hazard. My question is how you put a road on Turnbull without making it a straight road? The only way to manage car speed is to make the road curving and how do you do this with out compromising the creek,the park, the bluffs and the residents? The financial cost to put a road on Turnbull would be grossly inequitable to the residents. This road no matter how you justify it is being built to service another community and the need of a developer and or future development that may never happen. To place this responsibility on another community is irresponsible, and to justify it for future development that may never take place has questionable legal merits. There is only a downside for residents on Turnbull Rd if such a,road is to happen; grossly inequitable cost of the road, pollution, environmental degradation to a the Big Woods park area along the Bluff, and The impacted of noise and the sight of cars that come with higher traffic roads. Tim McLaughlin Grootwassink Real Estate 6440 Flying Cloud Drive, Suite 203 Eden Prairie MN 55344 (0)952-944-1665 (C)612-910-7796 (F) 952-944-2419 tim(&grootwassink.com 2/15/2007 Page 2 of 2 2/15/2007 Mr. and Mrs. Todd K. Johnson 10020 Dell Road Eden Prairie,MN 55347 Phone 952-829-1787 Fax 952-829-5954 March 14, 2007 Mr. Scott Neal City Manager/RGU City of Eden Prairie, Minnesota 8080 Mitchell Road Eden Prairie, MN 55344 Re: EAW, Hennepin Village Roadway Alternatives, Comments Dear Mr. Neal: I have the following comments in review of the Environmental Assessment Worksheet referenced above. Please enter them into the record for consideration. My principal concern with the document, as proposed, can best be addressed in reference to Item 29, which reads, in part, as follows: "...It is likely there will be traffic, storm water runoff, and bluff impacts from that new development. Connecting Eden Prairie Road and Dell Road (Alternatives 1 and 2) may also require future upgrades to Dell Road." It is my contention that the additional upgrades mentioned in this Item should be given consideration as a part of this document, as these Dell Road upgrades would be necessitated by selection of either Alternative 1 or 2, and would involve environmental impacts at least as serious and extensive as those addressed in the present EAW with regard to the project area therein. Put another way, I believe that the project area under consideration is insufficient to include all reasonably foreseeable impacts of the Alternatives presented. Dell Road, in its present state, is a weight restricted route with significant grades, both northwards up the Minnesota River Valley bluff from highway 212 and southwards approaching its crossing of Riley Creek. The segment of Dell Road crossing Riley creek, in fact, remains an unimproved dirt and gravel road with no shoulder, requiring periodic grading maintenance to repair washouts and potholes. Some points along this segment of Dell Road have, at present, inadequate turn visibility. In no way is Dell Road, in this current state, capable of handling the anticipated increased levels of traffic which would be caused by adoption of either Alternative 1 or 2. The upgrades which would be required to Dell to handle traffic volumes re-routed from the present Eden Prairie Road (Alternatives 1 and 2) would represent a project with magnitude at least as great as those contemplated in the present EAW. Impacts which could be immediately anticipated include altered land use, altered ground coverage, significant increase in impervious surfaces and issues related to that increase, large volumes of soils disturbed and relocated, altered fish and wildlife habitats, affects to regulated shore land and watershed areas, and increased vehicle traffic and the attendant levels of emissions and noise. Mr. and Mrs. Todd K. Johnson 10020 Dell Road Eden Prairie,MN 55347 Phone 952-829-1787 fax 952-829-5954 March 14, 2007 Page two - EAW Comments Impacts on the ecological structure of the river bluff, destruction of existing habitat, and potential archaeological sites are all likely to be significant issues. The modification needed to the present culvert through which Riley Creek passes would be both extensive and invasive, if a standard roadway were to be established in place of the narrow, low volume track now in place. A whole subset of issues quite similar to those dealt with in regard to Alternative 6 would be necessitated by this part of the Dell upgrade. Modifications needed to ameliorate the grade on the river bluff represent a completely different but extensive subset of impacts requiring assessment. For all of these reasons, it is my belief that the present EAW is not a complete document as needed to adequately address all reasonably foreseeable environmental impacts of the alternatives presented. The document should be modified and Alternatives 1 and 2 be eliminated from consideration, or the document should be expanded for an adequate consideration of the upgrades proposed to Dell Road. Summary Upgrades to Dell Road are required by the adoption of either Alternative 1 or 2, as recognized in Item 29 of this document. These upgrades therefore fall within the scope of this EAW. They are not addressed in this document, as proposed, however. The document is inadequate as a result. Furthermore, the magnitude of the environmental impact of Dell Road upgrades could easily match or exceed those of the various alternatives discussed in the present document. It should not therefore be summarily dismissed from review, but should rather be included in any consideration of Alternatives 1 and 2. Sincerely, Todd K. Johnson - Resident 10020 Dell Road Eden Prairie, MN 55347 Cc/Mr. Gene Dietz, P.E.; Director of Public Works March 12,2007 The Eden Prairie Planning Commission Dear Board Members: Overall, I am pleased with the results of the EAW though I did feel that many parts of it were written with a subtle bias. In addition to the bias, I have also found a few important mistakes and omissions I would like to bring to light. In regard to question#16, the answer states the slopes are in excess of 18%but doesn't truly detail the extreme grades throughout the area. Please review topographic map (figure 2) for a better understanding of the varied terrain(many slopes exceed 30%). I would recommend that more precise degree of slope be stated for each of the six options so people could more accurately evaluate the impact each option would have. Also in question#16,the table shows the amount Cubic Yards to be moved for grading. If Option#6 is built as planned(without a bridge) 16,500 Cubic Yards of soil would need to be moved for grading with an additional 20,600 Cubic Yards of till that would needed to support a roadway with 10%slopes on both the east and west sides. To prevent the roadbed from exceeding a slope greater than 10%,most of the 20,600 cubic feet of fill would be needed to elevate the roadway approximately 35 feet above the valley floor. In regard to Question#25, (Parks, Recreation& Trails)the EAW states that"The proposed Alternate#6 would provide public access to the creek corridor." In the original concept plan,the passive Park Trail System provides for a 6-foot wide trail that would run north/south along the bottom of the creek valley. Alternate#6 would run east/west and would have be elevated 30-35 feet,well above the trail. This would have forced pedestrians through a long tunnel under the roadway. The city has since realigned the trail to meet and cross the road where the road embankment and safety fencing begins. Though this solves the problem of a long tunnel under the roadway, I'm not sure this point could be defined as a trail access. The true"Trail Access"would be at the.trailhead at Cedar Hills Park about a half-mile away. Moreover,with the addition of a 35-foot tall ro ld embankment,there will be very little "Creek Corridor"left to access in this area. In regard to question#29, the findings of the report generally restate the City Engineer's comments that were made at a meeting held at City Hall on August 10, 2006. The final sentence"Connecting Eden Prairie and Dell Road may also require future upgrades to Dell Road"does not accurately reflect what was said at that meeting,however. The Director of Public Works,Mr. Gene Dietz, stated that the city had already hired an engineering firm to design improvements for Dell Road. He went on to say that Dell Road will be significantly improved,will most likely have a controlled intersection at 212 and that he would expect the improvements to begin when the land north of the EAW site begins to develop. He said, "the improvements to Dell Road should be considered a done deal." 1 Though these points may seem minor, I believe the above omissions, once corrected, provide a broader perspective for the people and organizations tasked with reviewing this EAW. This area is rich with both natural and archeological treasures. Please take the time and resources you feel are necessary to assure that your comments and all the other comments related to this EAW provide the City of Eden Prairie the best guidance possible as they move forward with development in this area. Thank you for helping to create, and your present and future participation in this process. Sincerely, Michael D. Boland 13579 Berkshire Lane Eden Prairie,MN 55347 612-751-5800 2 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 20, 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 161526— 161881 Wire Transfers 2638- 2642 City of Eden Prairie Council Check Summary 3/20/2007 Division Amount General 27,630 100 City Manager 480 101 Legislative 4,039 102 Legal Counsel 19,177 110 City Clerk 343 111 Customer Service 6,051 112 Human Resources 160 113 Communication Services 636 114 Benefits&Training 610 116 Facilities 39,293 117 City Center 84,859 131 Finance 818 132 Social Services 6,498 133 Planning 115 135 Information Technology 2,565 136 Public Safety Communications 2,941 137 Economic Development 10 138 Community Development Admin. 20 151 Park Maintenance 3,294 153 Organized Athletics 2,978 154 Community Center 6,945 156 Youth Programs 2,162 158 Adult Recreation 1,032 159 Recreation Administration 4,500 160 Therapeutic Recreation 143 161 Oak Point Pool 118 162 Arts 295 163 Outdoor Center 1,139 180 Police 8,416 183 Emergency Preparedness 2,301 184 Fire 29,016 185 Animal Control 935 200 Engineering 2,448 201 Street Maintenance 2,727 203 Fleet Services 65,760 300 Heritage Preservation Grants 1,820 301 CDBG 778 303 Cemetary Operation 500 304 Senior Board 258 312 Recycle Rebate 75 502 Park Development 3,811 503 Utility Improvement 15,381 509 CIP Fund 38,752 511 Construction Fund 34,675 515 Fire Station#4 5,421 520 Parks Referendum 838,363 521 Trails Referendum 28,203 522 Improvement Projects 2006 2,220 601 Prairie Village Liquor 76,521 602 Den Road Liquor 87,575 603 Prairie View Liquor 80,670 605 Den Road Building 120,964 701 Water Fund 95,619 702 Sewer Fund 2,502 703 Storrs Drainage Fund 1,111 803 Escrow Fund 5,579 807 Benefits Fund 275,864 810 Workers Comp Insurance 1,623 Report Totals 2,048,738 City of Eden Prairie Council Check Register 3/20/2007 Check# Amount Vendor/Explanation Account Description Business Unit 2638 11,681 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2639 16,271 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2640 97,071 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2641 27,065 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2642 141,358 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 161526 28 AMERICAN MESSAGING Pager&Cell Phone Water System Maintenance 161527 358 BRB DEVELOPMENT Deposits Escrow 161528 100 BRB DEVELOPMENT Deposits Escrow 161529 438 BUCK,JEFFERY Other Contracted Services Basketball 161530 1,406 BUCK,NATHAN Other Contracted Services Volleyball 161531 329 CAREER TRACK Tuition Reimbursement/School Police 161532 24 CHARLES,JACKI Program Fee Outdoor Center 161533 91 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 161534 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 161535 414 DOHERTY,SANDRA L Other Contracted Services Volleyball 161536 179 FRED PRYOR SEMINARS Tuition Reimbursement/School Police 161537 210 GE CAPITAL Other Rentals General 161538 778 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 161539 50 HCMC SERVICE LEAGUE Tuition Reimbursement/School Police 161540 250 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 161541 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 161542 300 HENNEPIN COUNTY TREASURER Licenses&Taxes Fleet Services 161543 84 HENRY,PAUL Other Contracted Services Volleyball 161544 238 HOLMES,TOM Other Contracted Services Volleyball 161545 894 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Community Center Maintenance 161546 198 JACOBS,JOHN G Other Contracted Services Basketball 161547 10 LIBERTY PROPERTY TRUST Miscellaneous Economic Development 161548 75 MACQUEEN EQUIPMENT INC Equipment Testing/Cert. Fleet Services 161549 38 MASTER MECHANICAL Cash Over/Short General Fund 161550 285 MINNESOTA GREEN LANDSCAPING IN Deposits Escrow 161551 395 NELSON BUILDING Deposits Escrow 161552 273 NORTHSTAR MUDJACKING SPECIALIS Deposits Escrow 161553 120 OFFICE OF STATE AUDITOR Conference Expense Finance 161554 57 PORTILLO,MARY Lessons&Classes Girls on the Run 161555 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 161556 18 RICHFIELD,CITY OF Autos Capital Impr./Maint.Fund 161557 79 RIDGEWATER COLLEGE Tuition Reimbursement/School Police 161558 2,600 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 161559 34,354 THANE HAWKINS POLAR CHEVROLET Autos Capital Impr./Maint.Fund 161560 50 UNIVERSITY OF MINNESOTA Conference Expense Engineering 161561 599 VANDENBERGHE,MARK Travel Expense Police 161562 108 VERIZON WIRELESS Pager&Cell Phone Fleet Services 161563 105 TCALMC Conference Expense Engineering 161564 11 A TO Z RENTAL CENTER Operating Supplies Park Maintenance 161565 3,222 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#2 161566 495 ACE TRAILER SALES Equipment Parts Fleet Services 161567 646 ACME TOOLS Small Tools Water Treatment Plant 161568 749 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 161569 433 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-Security Fire Station#1 161570 263 AL'S COFFEE Merchandise for Resale Concessions 161571 19 AMERICAN PRESSURE INC Equipment Parts Fleet Services 161572 206 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 161573 1,165 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 161574 8,668 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 161575 233 BERTELSON OFFICE PLUS Operating Supplies Utility Operations-General 161576 459 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Community Center Maintenance 161577 350 BWR CONSULTING LLC Other Contracted Services Organizational Services 161578 806 CLAREYS INC Safety Supplies Utility Operations-General 161579 62 COLOR PRINTING Printing Police 161580 566 CORPORATE EXPRESS Office Supplies General 161581 11,535 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 161582 249 D'AMICO AND SONS Miscellaneous City Council 161583 10,291 DAY DISTRIBUTING Beer Den Road Liquor Store 161584 74 DELL Other Hardware Den Road Liquor Store 161585 500 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 161586 28,236 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center 161587 1,600 DOODY MECHANICAL SERVICE Contract Svcs-Security Public Works/Parks 161588 62 DRIVERS LICENSE GUIDE CO Office Supplies Police 161589 11,256 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 161590 613 DUCKSTAD,JON Dues&Subscriptions City Council 161591 1,891 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 161592 93 ECOLAB INC Contract Svcs-Pest Control Utility Operations-General 161593 200 EID,SCOTT Other Contracted Services Broomball 161594 272 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Services 161595 225 ENVIROSOTA INC Waste Disposal Fleet Services 161596 160 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 161597 18 FASTENAL COMPANY Equipment Parts Fleet Services 161598 246 FISHER SCIENTIFIC Laboratory Chemicals Water Treatment Plant 161599 1,181 FLORAN TECHNOLOGIES Treatment Chemicals Water Treatment Plant 161600 456 FLORIDA MICRO LLC Other Hardware Fire Station#4 161601 676 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 161602 1,535 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 161603 100 GEIWITZ,CYNTHIA Refunds Environmental Education 161604 29 GEMPLER'S Operating Supplies Park Maintenance 161605 570 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 161606 551 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 161607 1,148 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 161608 660 GRAINGER Supplies-HVAC City Hall-CAM 161609 1,292 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 161610 321 GREATAMERICA LEASING CORP. Other Rentals General 161611 119,006 GREYSTONE CONSTRUCTION COMPANY Building Den Road Building 161612 13,292 GRIGGS COOPER&CO Transportation Prairie Village Liquor Store 161613 176 HACH COMPANY Laboratory Chemicals Water Treatment Plant 161614 33,428 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 161615 435 HARMON INC. Contract Svcs-General Bldg Senior Center 161616 16,141 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 161617 3,928 HAWKINS INC Treatment Chemicals Water Treatment Plant 161618 6,110 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 161619 224 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 161620 992 HOHENSTEINS INC Beer Prairie View Liquor Store 161621 5,238 HYDRO METERING TECHNOLOGY INC Machinery&Equipment Water Metering 161622 400 HYDRO-VAC INC Other Contracted Services Sewer System Maintenance 161623 826 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Wells 161624 891 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 161625 12,129 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 161627 21,526 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 161628 134 KEEPERS Clothing&Uniforms Fire 161629 113 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Metering 161630 166 M.AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store 161631 1,514 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 161632 8,353 MARK VII Beer Den Road Liquor Store 161633 534 MENARDS Small Tools Water Metering 161634 822 METRO SALES INCORPORATED* Operating Supplies Engineering 161635 99 METROPOLITAN FORD Equipment Parts Fleet Services 161636 1,132 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 161637 80 MINNESOTA DEPT OF AGRICULTURE Lime Residual Removal Water Treatment Plant 161638 292 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation 161639 186 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 161640 150 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police 161641 349 NCT INC Conference Expense Information Technology 161642 764 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 161643 100 NICHOLLS,KENNETH Refunds Environmental Education 161644 295 NORCOSTCO Operating Supplies Winter Theatre 161645 923 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Utility Operations-General 161646 129 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire 161647 12 OSI BATTERIES INC Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 161648 1,966 PARK NICOLLET CLINIC Other Contracted Services Workers Comp Insurance 161649 3,163 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 161650 189 PC MALL Other Hardware Information Technology 161651 773 PCS TECHNOLOGIES INC Other Hardware Fire Station#4 161652 257 PEPSI COLA COMPANY Merchandise for Resale Concessions 161653 275 PERSONAL TOUCH TECHNOLOGIES IN Software Maintenance Information Technology 161654 13,277 PHILLIPS WINE AND SPIRITS INC Misc Non-Taxable Prairie Village Liquor Store 161655 2,612 PRAIRIE ELECTRIC COMPANY Other Contracted Services Sewer System Maintenance 161656 100 PRAIRIE HILL EVANGELICAL FREE Refunds Environmental Education 161657 1,182 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 161658 201 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 161659 16,243 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 161660 125 QWEST Telephone Water Distribution 161662 1,820 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 161663 360 ROOT 0 MATIC Contract Svcs-Plumbing Public Works/Parks 161664 73 RRT PROCESSING SOLUTIONS LLC Waste Disposal Park Maintenance 161665 74 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 161666 388 SIGNATION SIGN GROUP INC Other Contracted Services Housing,Trans,&Human Sery 161667 836 SIGNSOURCE Signs Den Road Liquor Store 161668 44 SNAP-ON TOOLS Small Tools Fleet Services 161669 350 SOUNDS GREAT Special Event Fees Special Events&Trips 161670 80 SPORTS WORLD USA INC Merchandise for Resale Concessions 161671 761 SPS COMPANIES Equipment Parts Water Treatment Plant 161672 7,660 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Distribution 161673 100 STEEN,RANDALL Refunds Environmental Education 161674 291 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 161675 1,826 STREICHERS Clothing&Uniforms Police 161676 507 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 161677 250 SUN NEWSPAPERS Legal Notices Publishing City Clerk 161678 18,739 THORPE DISTRIBUTING Beer Prairie View Liquor Store 161679 287 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Services 161680 157 TRUCK UTILITIES MFG CO Equipment Repair&Maint Fleet Services 161681 284 TWIN CITY FILTER SERVICE INC Operating Supplies Utility Operations-General 161682 238 TWIN CITY OXYGEN CO Other Contracted Services Storm Drainage Projects 161683 464 UNITED RENTALS HIGHWAY TECHNOL Repair&Maint.Supplies Storm Drainage 161684 66 UPS Equipment Repair&Maint Water Metering 161685 1,708 VALLEY RICH CO INC Other Contracted Services Water System Maintenance 161686 60 VERIZON WIRELESS Software and Hardware Information Technology 161687 2,080 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 161688 40 WATER RESOURCES CENTER Conference Expense Storm Drainage 161689 1,581 WATSON CO INC,THE Merchandise for Resale Concessions 161690 20 WAYTEK INC Repair&Maint.Supplies Water Metering 161691 5,050 WILKUS ARCHITECTS INC Other Contracted Services City Center Operations 161692 2,308 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 161693 5,843 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 161694 900 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 161695 44,263 XCEL ENERGY Electric Traffic Signals 161696 2,970 YALE MECHANICAL INC Equipment Repair&Maint Utility Operations-General 161697 233 ZEP MANUFACTURING CO Equipment Parts Fleet Services 161698 1,219 AMERICAN PRO-AUDIO INC Small Tools Wireless Communication 161699 224 COSTCO Operating Supplies Fire 161700 1,350 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire 161701 460 DELTRON INC Equipment Repair&Maint Wireless Communication 161702 32 DIGI-KEY Repair&Maint.Supplies Wireless Communication 161703 396 EF JOHNSON Equipment Repair&Maint Wireless Communication 161704 429 ELVIN SAFETY SUPPLY INC Equipment Repair&Maint Fire 161705 17 ESPRESSO MIDWEST INC Supplies-General Building City Center Operations 161706 20,500 LIFETIME FITNESS,INC Safety Supplies Fire 161707 180 LUNDGREN BROTHERS CONSTRUCTION Other Revenue Capital Impr./Maint.Fund 161708 3,958 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 161709 600 METRO CISM TEAM Tuition Reimbursement/School Police 161710 133 METRO FIRE Protective Clothing Fire 161711 75 MINNESOTA CHAPTER IAAI Dues&Subscriptions Fire 161712 143 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Wireless Communication 161713 90 POST BOARD Dues&Subscriptions Police Check# Amount Vendor/Explanation Account Description Business Unit 161714 1,124 READY WATT ELECTRIC Repair&Maint.Supplies Emergency Preparedness 161715 6,411 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 161716 147 TESSCO Equipment Parts Wireless Communication 161717 42 TRANSPORT GRAPHICS Clothing&Uniforms Fire 161718 443 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 161719 1,177 VIKING ELECTRIC SUPPLY Repair&Maint.Supplies Emergency Preparedness 161720 222 ADOLPH KIEFER Operating Supplies Pool Operations 161721 470 AL'S COFFEE Merchandise for Resale Concessions 161722 119 AMERICAN PRESSURE INC Equipment Parts Fleet Services 161723 76 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 161724 2,293 AMSAN BRISSMAN-KENNEDY Supplies-General Bldg Garden Room Repairs 161725 236 ANCHOR PRINTING COMPANY Office Supplies Fire 161726 522 AVI SYSTEMS INC Video&Photo Supplies Communication Services 161727 2,131 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 161728 68 BERRY COFFEE COMPANY Operating Supplies Senior Center Operations 161729 720 BIFFS INC Waste Disposal Park Maintenance 161730 15 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security City Center Operations 161731 81 BOYER TRUCKS Equipment Parts Fleet Services 161732 390 BRO-TEX INC Equipment Parts Fleet Services 161733 471 CARDIAC SCIENCE CORPORATION Video&Photo Supplies Fire 161734 1,226 CENTERPOINT ENERGY Gas Crestwood Park 161735 109 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services 161736 360 CORPORATE EXPRESS Office Supplies General 161737 150 COSTCO MEMBERSHIP Dues&Subscriptions Finance 161738 2,180 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 161739 7,791 DAY DISTRIBUTING Beer Prairie Village Liquor Store 161740 1,707 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations-General 161741 45 DELEGARD TOOL CO Equipment Parts Fleet Services 161742 1,222 DELI DOUBLE Special Event Fees Classes/Programs/Events 161743 355 DELL Other Hardware Youth Programs Administration 161744 25,658 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center 161745 2,400 DUDA PLUMBING SERVICE INC Contract Svcs-Plumbing Public Works/Parks 161746 1,640 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 161747 2,325 EARL F ANDERSEN INC Signs Traffic Signs 161748 879 EHLERS&ASSOCIATES INC Deposits Escrow Fund 161749 96 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 161750 29 FASTENAL COMPANY Equipment Parts Fleet Services 161751 1 G&K SERVICES Clothing&Uniforms Street Maintenance 161752 617 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 161753 4,200 GALE-TEC ENGINEERING INC Improvements to Land CIP-Bonds 161754 181 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 161755 414 GRAFIX SHOPPE Equipment Repair&Maint Fleet Services 161756 646 GRAINGER Supplies-HVAC Community Center Maintenance 161757 573 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 161758 9,680 GRIGGS COOPER&CO Liquor Den Road Liquor Store 161759 55 GS DIRECT Operating Supplies Engineering 161760 2,292 GYM WORKS Equipment Repair&Maint Fitness Center 161761 5,257 HANSEN THORP PELLINEN OLSON Improvements to Land Parks Referendum 161762 32,513 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 161763 2,396 HEDLUND Land Parks Referendum 161764 1,037 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 161765 709 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 161766 6,873 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 161767 3,073 JM OIL CO Repair&Maint.Supplies Water Treatment Plant 161768 23,115 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 161769 615 KEEPERS Clothing&Uniforms Fire 161770 69 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 161771 469 KUSTOM SIGNALS INC Capital Under$2,000 Fleet Services 161772 87 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store 161773 3,446 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Fleet Services 161774 12,036 MARK VII Beer Prairie Village Liquor Store 161775 437 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 161776 205 MENARDS Equipment Parts Water Metering 161777 859 METRO FIRE Repair&Maint.Supplies Fire 161778 189 METRO SALES INCORPORATED* Office Supplies General Check# Amount Vendor/Explanation Account Description Business Unit 161779 225 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 161780 990 MINNESOTA ATHLETIC Operating Supplies Fire 161781 27,984 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 161782 166 MINNESOTA GLOVE INC Safety Supplies Fleet Services 161783 111 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies General 161784 550 MINNESOTA WILDLIFE CONNECTION Capital Under$2,000 Outdoor Center 161785 2,523 MITY-LITE INC Capital Under$2,000 Community Center Maintenance 161786 322 MORAN USA,LLC Misc Taxable Den Road Liquor Store 161787 410 MOST DEPENDABLE FOUNTAINS Repair&Maint.Supplies Park Maintenance 161788 208 MTI DISTRIBUTING INC Equipment Parts Fleet Services 161789 698 NFPA Dues&Subscriptions Fire 161790 97 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 161791 639 NORTHERN TOOL Equipment Parts Sewer Utility-General 161792 454 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Fleet Services 161793 461 OLSEN COMPANIES Equipment Repair&Maint Storm Drainage 161794 244 OSI BATTERIES INC Operating Supplies Fire 161795 4,284 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 161796 717 PEPSI COLA COMPANY Merchandise for Resale Concessions 161797 7,392 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 161798 726 PIONEER RIM&WHEEL CO Equipment Parts Fleet Services 161799 344 PITNEY BOWES INC Other Rentals General 161800 218 POWERPLAN OIB Equipment Parts Fleet Services 161801 922 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 161802 85 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 161803 166 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 161804 9,663 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 161805 75 RECYCLING ASSOCIATION OF MINNE Dues&Subscriptions Recycle Rebate 161806 389 RIGID HITCH INCORPORATED Equipment Parts Park Maintenance 161807 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 161808 120 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 161809 50,896 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Construction Fund 161810 250 SIERRA CORPORATION Equipment Parts Fleet Services 161811 219 SNAP-ON TOOLS Small Tools Fleet Services 161812 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 161813 405 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 161814 51 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 161815 473 STRAND MANUFACTURING CO INC Building Repair&Maint. Water Treatment Plant 161816 94 SUBURBAN CHEVROLET Equipment Parts Fleet Services 161817 93 SUN NEWSPAPERS Legal Notices Publishing City Clerk 161818 7,204 THORPE DISTRIBUTING Beer Den Road Liquor Store 161819 157 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Services 161820 278 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 161821 687 TWIN CITY WINDUSTRIAL CO. Repair&Maint.Supplies Water Treatment Plant 161822 543 VIDEOTRONIX INC Equipment Repair&Maint Wireless Communication 161823 84 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store 161824 75 VTI Small Tools Water Treatment Plant 161825 510 WATSON CO INC,THE Merchandise for Resale Concessions 161826 5,446 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 161827 2,031 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM 161828 303 HANN,JOHN R Other Revenue General Fund 161829 432 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 161830 200 ACS GOVERNMENT SYSTEMS INC. Tuition Reimbursement/School Fire 161831 170 NEATON'S CRANE SERVICES INC Equipment Repair&Maint Fire 161832 20 SOUTHWEST METRO IAAP Conference Expense Community Development Admin. 161833 288 BUTCHER,SHERRY Travel Expense City Council 161834 600 DIPPIN DOTS Merchandise for Resale Concessions 161835 176 ESBENSEN,GEORGE Travel Expense City Manager 161836 304 NEAL,SCOTT Travel Expense City Manager 161837 300 MACQUEEN EQUIPMENT INC Conference Expense Sewer Utility-General 161838 830,710 COMMERCIAL PARTNERS TITLE LLC Land Parks Referendum 161839 1,586 US POSTMASTER-HOPKINS Postage Water Accounting 161840 445 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 161841 1,810 AMERICAN PUBLIC WORKS ASSOCIAT Conference Expense Engineering 161842 103 ASE/ACT Licenses&Taxes Fleet Services 161843 25 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Police Check# Amount Vendor/Explanation Account Description Business Unit 161844 197 BERG,STEVEN AR Utility Water Enterprise Fund 161845 935 BLOOMINGTON,CITY OF Kennel Services Animal Control 161846 97 BONGARD,MARK AR Utility Water Enterprise Fund 161847 120 CAMPOS,LORI Instructor Service Outdoor Center 161848 1,350 CARLTON COUNTY SHERIFF'S OFFIC Tuition Reimbursement/School Police 161849 4,406 COSTCO Capital Under$2,000 Fire Station#4 161850 10 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 161851 123 ENGEL,ANDREW AR Utility Water Enterprise Fund 161852 6 FEERICK,VERONICA AR Utility Water Enterprise Fund 161853 179 FRED PRYOR SEMINARS Tuition Reimbursement/School Police 161854 457 GE CAPITAL Other Rentals General 161855 249 GOLDBERG;MARK AR Utility Water Enterprise Fund 161856 14 HARRIS,BARNEY AR Utility Water Enterprise Fund 161857 3,212 HENNEPIN COUNTY TREASURER Board of Prisoner Police 161858 88 HOLDMAN,STEVEN AR Utility Water Enterprise Fund 161859 279 LORMAN EDUCATION SERVICES Tuition Reimbursement/School Police 161860 40 MCPA Dues&Subscriptions Police 161861 1,107 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 161862 116 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 161863 1,015 MINNESOTA AWWA Conference Expense Water Distribution 161864 390 MINNESOTA CHAPTER IAAI Conference Expense Fire 161865 30 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Park Maintenance 161866 81 OAKLEY,STEPHEN AR Utility Water Enterprise Fund 161867 143 SCIENCE MUSEUM OF MINNESOTA Special Event Fees Around Town 161868 11 UPS Postage Fire 161869 80 USPCA REGION 18 Dues&Subscriptions Police 161870 548 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 161871 229 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 161872 1,203 DMX MUSIC Other Contracted Services Den Road Liquor Store 161873 20,465 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 161874 40 INTERNATIONAL NARCOTIC ENFORCE Dues&Subscriptions Police 161875 289 LMHRC Dues&Subscriptions City Council 161876 40 MSTMA Conference Expense Park Maintenance 161877 41 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 161878 134 QUICKSILVER EXPRESS COURIER Postage Communication Services 161879 229 RCM&ASSOCIATES Operating Supplies Telephone 161880 25 SAUK CENTRE WELDING&MACHINE Operating Supplies Street Maintenance 161881 4,500 US POSTMASTER-HOPKINS Postage Community Brochure 2,048,738 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.A. Leslie Stovring First Reading of Ordinance Amending City Public Works/Environmental Code Section 5.36 Requested Action Move to: Approve First Reading of Ordinance amending City Code Section 5.36 relating to licensing of collectors of solid, recyclable and/or yard waste. Synopsis This amendment incorporates changes to address the following. 1. Addition of a minimum list of materials to be recycled to match those items which Hennepin County requires for issuance of the annual Municipal Recycling Grant. The current ordinance only requires haulers to report what they collect, not that they have to collect them. 2. Miscellaneous issues that have arisen during day-to-day application of the ordinance. These are generally what would be defined as housekeeping items and clarification of definitions to meet current Hennepin County guidelines. Background Information The following list outlines the major revisions to the Code in the order in which they appear in the proposed revised ordinance. Remaining changes included items such as minor editorial revisions and typographic errors. The attached ordinance shows a detailed summary of the changes made. Subd. 2—Definitions Definitions were added for aluminum recyclables, can recyclables, .corrugated cardboard, glass recyclables,paper recyclables and plastic recyclables to better match Hennepin County recycling requirements. Additional definitions were added as needed for the ordinance revision. Subd. 6—Additional Requirements Collection requirements for recyclable waste were added to Section I. The Licensee must collect or provide for collection of at a minimum paper recyclables, corrugated cardboard, glass recyclables, can recyclables and plastic recyclables from residential customers who have curbside pickup of recyclable waste. This would include single family homes and multi-family homes with individual pickup service. Attachments Redlined Draft Ordinance Draft Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO REGULATIONS GOVERNING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 5 — Section 5.36 entitled"Licensing of Collectors of Solid, Recyclable and/or Yard Waste" is amended to read as follows: SECTION 5.36. LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE. Source: Ordinance No. 30-2004 Effective Date: 12-02-04 Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the present practice of disposing of solid waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental both in the short-range and long-range to the environment in that it causes pollution and contamination of underground and surface waters, the air and natural flora and fauna, it is harmful to the health and safety of persons and property because of the generation of noxious and dangerous odors and gases, including methane gas, the contamination of waters and air, and the blowing of airborne particles and contaminants causes social and/or economic harm to persons and property who reside, or which is, in proximity to landfills and should be done only in the absence of reasonably available alternatives. In an effort to ameliorate and eliminate so far as possible the social, economic and physical harm caused by the disposal of solid waste in landfills, the Council of the City hereby adopts the following provisions relating to the collection of solid waste, recyclable waste and yard waste separated at its source. Subd. 2. Definitions. The following terms, as used in this Section, shall have the following meanings: A. Aluminum Recyclables — Aluminum recyclables means disposable containers fabricated primarily of aluminum, commonly used for beverages. B. Association —Association means all organizations of residential dwelling owners formed for the purpose of joint management of property or services. C. Can Recyclables — Can recyclables means disposable containers fabricated primarily of metal or tin. D. Collection—Collection means the aggregation of Solid Waste or Recyclable Wastes from the place at which it is generated and includes all activities up to the time when the material is delivered to the final disposal site. E. Commercial Establishment - Any premises where commercial or industrial enterprise of any kind is carried on and shall include restaurants, clubs, churches, and schools where food is prepared or served. F. Corrugated Cardboard— Corrugated cardboard means heavy paper or cardboard material with double wall construction and corrugated separation between walls for use in packing or boxing materials. G. Disposal Facility - Disposal facility means a waste facility permitted by the Minnesota Pollution Control Agency ("MPCA") that is designed or operated for the purpose of disposing of solid waste. H. Glass Recyclables — Glass recyclables means jars, bottles, and containers which are primarily used for packing and bottling of food and beverages. I B. Geographic Service Area - Geographic service area means that area incorporated within the boundaries of the City. J G. Licensee - Licensee means a person licensed to collect and transport solid, recyclable and/or yard waste or roll off containers as provided in this Section. K. Multiple Family Dwelling—Multiple Family Dwelling means attached dwelling units and accessory structures containing two (2) or more dwelling units. L. Paper Recyclables, Paper recyclables means newsprint, advertising supplements, office paper, magazines, catalogs, mixed paper and other uncoated paper products such as boxboard. M. Plastic Recyclables — Plastic recyclables means disposable bottles with a neck that are used for bottling of various matter and are fabricated from plastic, excluding bottles that previously contained hazardous materials or motor oil. N D. Recyclable Waste - Recyclable waste means those components of solid waste consisting of aluminum recyclables, can recyclables, corrugated cardboard, glass recyclables, paper recyclables, plastic recyclables, organics, glass, metal containers, and newsprint, and other materials required to be recycled in compliance with City Ordinances, County Ordinances and Regulations, and State Statutes and RulesRegulations, each of which has been separated by a customer into a container or containers which have been designated for recyclable waste. 0 E. Residential Customer - Residential customer means a person or persons who is or are customers of a Licensee and reside in a Single Family Dwelling or Multiple Family Dwelling which is usedlicensee residing in any building which is used exclusively for residential purposes by one or more people, not including hotels, motels, rest homes, hospitals, or nursing homes. P E. Roll Off Containers — Roll off containers means detachable receptacles, containers, dumpsters, bins or boxes designed for collection of construction, demolition, renovation, scrap, recycling, liquid, solid waste or yard waste materials or debris. Q. Single Family Dwelling — Single family, detached dwelling and accessory structures designed for or containing one dwelling unit. R G. Solid Waste - Solid waste means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from residential, industrial, commercial, mining , and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended. S H. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing, trimming, gardening or raking consisting of grass clippings, twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste and leaves. Subd. 3. License Required. It is unlawful for any person to collect solid, recyclable and/or yard waste from any person, or transport the same,without a license therefore from the City. Subd. 4. Exception. Nothing in this Section shall prevent a person from collecting or transporting solid, recyclable and/or yard waste from the person's own residence or place of business provided the collection and transportation of the solid, recyclable and/or yard waste is conducted in accordance with Minnesota Rules Chapter 7035.0800. All solid, recyclable and/or yard waste shall be dumped or unloaded only at a disposal facility licensed by the Minnesota Pollution Control Agency. Subd. 5. The following are conditions applicable to each Licenseelicensee for a license for the collection of solid, recyclable and/or yard waste: A. Each Licenseelicenscc is authorized to collect solid, recyclable and/or yard waste within the geographical service area. The Council has by resolution divided the geographical service area into districts and established the days on which residential solid waste and recyclable collection may occur within each district. The districts so established and the days on which collection may occur within each district may from time to time be amended by the Council by resolution. No Licenseelicensee or any other person shall collect solid, recyclable and/or yard waste from residential customers on any day other than the day specified for collection in the district except to collect roll-off containers, missed pickups, a special pickup or when a holiday falls on a district collection day. I B. Each Licenseelicensee shall use vehicles or roll off containers for the collection and transportation of solid, recyclable and/or yard waste in good operating condition, of such design and so equipped so as to prevent loss in transit of liquid or solid cargo. The vehicles shall be kept clean and free from offensive odors and shall not be stopped or parked longer than reasonably necessary to collect solid, recyclable and/or yard waste. C. No Licenseelicensee shall operate a vehicle on any city street which exceeds eight (8) tons per axle weight. D. No Licenseelicensee shall operate in a residential district after 8:30 o'clock P.M. or before 7:00 o'clock A.M. of any day, and shall not operate in a residential district on Sunday. E. Each Licenseelicensee shall exhibit evidence of the license in a prominent position on each vehicle and roll-off container used in the collection or transportation of solid, recyclable and/or yard waste. F. Each Licenseelicensee shall be solely responsible for the provision, at its expense, of all personnel and equipment necessary to collect and transport all solid, recyclable and/or yard waste for which a license is granted by the City for delivery and disposal in accordance with the City Code and such regulations as the City may from time to time establish. 1 G. Each Licenseelicensee shall take all precautions necessary to protect the public against injury and shall defend, indemnify and save the City harmless from and against all liabilities, losses, damages and claims of damages (including all reasonable costs, attorneys' fees, and other expenses incident thereto) suffered or incurred by the City that may arise by reason of any act or omission on the part of the Licenseelicensee, its agents, or independent contractors, while engaged in the collection and transportation of solid, recyclable and/or yard waste. Each Licenseelicensee shall also defend, indemnify and save the City harmless from and against any and all claims, liens and claims for labor performed or material furnished incident to the said collection and transportation by Licenseelicensee including claims for material or services furnished or subcontracted for by it. Each Licenseelicensee shall also defend, indemnify, and save the City harmless from and against all liabilities, losses, damages, costs and expenses (including attorneys' fees and expenses of City), causes of action, suits, claims, demands and judgments of any nature arising from violation of any representation, agreement, warranty, covenant or condition made by Licenseelicensee or imposed upon Licenseelicensee by Section 5.36 of the City Code. H. Each Licenseelicensee shall obtain and furnish to City evidence of all insurance required under this subdivision, covering all vehicles to be used and all operations to be performed by Licenseelicensee in collecting and transporting solid, recyclable and/or yard waste. Each policy of insurance required under this subdivision shall name the City as an additional insured. 1. Existence of the insurance required herein shall be established by furnishing certificates of insurance issued by insurers duly licensed to do business within the State of Minnesota in force on the date of commencement of the license period, and continuing for a policy period of at least one (1) year and providing the following coverages: a.4-. Public liability insurance, including general liability, automobile liability, completed operations liability, and loading and unloading liability in the following amounts. b2. Bodily injury liability in the amount of at least $100,000 for injury or death of any one person in any one occurrence. c3. Bodily injury liability in the amount of at least $300,000 for injuries or death arising out of any one occurrence. d4. Property damage liability in the amount of at least $50,000 for any one occurrence. 2. Such general liability and automobile liability insurance policy or policies shall provide contractual liability insurance, specifically referring to and covering the obligation of Licenseelicensee to defend, indemnify and save harmless the City, its officials, agents and employees from alleged claims or causes of action for bodily injury or property damage as provided in Section 5.36 hereof 3. Said general liability and automobile liability policy or policies shall contain an endorsement as follows: The policy to which this endorsement is attached is intended to comply with and furnish the coverages required by Section 5.36 of the City Code of the City of Eden Prairie. If anything in any other attachment, endorsement or rider conflicts with the provisions of said Section 5.36, then the provisions of said Section 5.36 shall prevail. Any deductible amount provided for in any part of the policy will be paid by the insurer upon establishment of legal liability of any insured, and the insurer shall be entitled to reimbursement from the insured for such deductible amount. 4. Said policies of insurance shall be furnished by a Licenseelicensee to City for examination and approval prior to the effectiveness of any license issued to a Licenseelicensee together with a certificate or certificates executed by an authorized representative of the insurer, certifying to the insurance coverage herein required, and stipulating that the policy will not be canceled nor any material change effected without first giving thirty (30) days written notice to City. After examination and approval of said policies by City, they may be returned to the Licenseelicensee, but the certificates of insurance shall be retained by City. Upon request by City, Licenseelicensee shall promptly furnish to City for examination at any time all contracts of insurance required herein. Each Licenseelicensee shall, on each anniversary date of the license, furnish City with evidence satisfactory to the City of the insurance required hereunder. I. Each Licenseelicensee shall at all times operate its business of collecting, transporting and disposing of solid, recyclable and/or yard waste in compliance with all local, state, I and federal laws. Each Licenseelicensee shall obtain and maintain all licenses, permits, or other authority required by each county in which it operates, the Minnesota Pollution Control Agency and any other governmental agency having jurisdiction over its activities. J. Each Licenseelicensee shall impose charges for the collection of solid waste that increase with the volume or weight of the solid waste collected. Subd. 6. In addition to the conditions imposed upon Licenseeslicensees set forth in Subd. 5 hereof the following are conditions applicable to each Licenseeliccnscc for a license for the collection of solid, recyclable and/or yard waste from customers effective August 1, 1989. Each such Licenseeliccnscc shall: A. Collect or provide for the collection from each customer of the Licenseeliccnscc of recyclable waste no less frequently than on a bi-weekly basis and solid waste no less frequently than on a weekly basis on the same day or days that the Licenseelicensee collects other forms of solid waste from such customer as described in Subd. 5(A). B. Not deliver to, dump, or dispose of recyclable waste which has been placed in a container designated for recyclable waste on or in a disposal facility. I C. Provide for and collect yard waste from each residential customer of the Licenseelicensee at least as frequently and on such day or days as it shall collect other forms of solid waste from such residential customer between May and October. D. A Licenseeliccnscc shall not deliver to, dump or dispose of yard waste on or in a Disposal Facility. E. Make available for sale and sell at a reasonable cost to the Licensee'slicensee's customers, containers for recyclable waste approved by the City. F. The Licensee shall provideProvide to the City a quarterly a—written report that includessetting forth the following information. 1. The amount, by weight or volume, of each of the following materials collected during the preceding month from all of the residential customers of the Licenseeliccnscc in the City: a. Aluminum Recyclables b. Can Recyclables c. Corrugated Cardboard d.- Glass Recyclables e. 2. Metal containers 3. Newsprint '1. Mixed Paper Recyclables f5. Cardboard 6. Plastic Recyclables g7. All other recyclable waste hg. Yard Wastewaste i9. All other Solid Wasteso' 2. The-r-eports-shall-identify-the-fellowing-regarding-feeyeling-servicesi Number of Single Family Households(4-4 Units) with curbside recycling service. 3. Number of Multi-Family Households (5 units and higher) with curbside recycling service. 4. The reports shall also set forth the costs incurred by the Licenseelicensee in providing the services for the collection of recyclable waste and yard waste required by this Section. G. Retain allAll documents evidencing the amount of the foregoing materials collected and/or received by the Licenseelicensee from the facility or facilities at which the materialsforegoing have been disposed shall be retained by the licensee for a period of at least five (5) years. These documents and shall be available for inspection by representatives of the City at all reasonable times within the County of Hennepin or a contiguous county. G. Not impose a greater charge for the collection of solid waste upon customers who recycle than upon customers who do not recycle solid waste or any part thereof H. Collect or provide for the collection of recyclable waste from each commercial or business customer on request. The recycling container must be accommodated within an existing or expanded enclosure for solid waste. Collect or provide for the collection of at a minimum the following materials from all Residential Customers who have curbside pickup of Recyclable Waste: 1. Aluminum Recyclables 2. Can Recyclables 3. Corrugated Cardboard 4. Glass Recyclables 5. Paper Recyclables 6. Plastic Recyclables Subd. 7. Exceptions. City Code Section 5.36 is applicable to Roll Off Licenseeslicensees except as follows: 5.36, Subd. 6(C) and 6(E). City Code Section 5.36 Subd. 6(A) is applicable I to Roll Off Licenseeslicensees unless the Roll Off Container is used for collection of construction, demolition or renovation materials. Subd. 8. Obstructions. Pursuant to Section 6.06, roll-off containers shall not be placed within the street or other public property. Subd. 9. Penalty. Failure to perform, meet or comply with any condition or obligation imposed upon a Licenseelicensee by the City Code shall constitute a sufficient ground to withhold issuance, suspend, or revoke the license of a Licensee.licensee. Subd. 10. Relationship of the Parties. The City shall have no responsibility or obligation whatsoever with respect to the collecting, transporting or disposal of solid, recyclable and/or yard waste, or payment for such services to any person, and nothing in this Section shall be deemed to constitute a Licenseelicensee a partner, joint venturer, agent or representative of the City or to create the relationship of employer-employee. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. - 2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO REGULATIONS GOVERNING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 5 — Section 5.36 entitled"Licensing of Collectors of Solid, Recyclable and/or Yard Waste" is amended to read as follows: SECTION 5.36. LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE. Source: Ordinance No. 30-2004 Effective Date: 12-02-04 Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the present practice of disposing of solid waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental both in the short-range and long-range to the environment in that it causes pollution and contamination of underground and surface waters, the air and natural flora and fauna, it is harmful to the health and safety of persons and property because of the generation of noxious and dangerous odors and gases, including methane gas, the contamination of waters and air, and the blowing of airborne particles and contaminants causes social and/or economic harm to persons and property who reside, or which is, in proximity to landfills and should be done only in the absence of reasonably available alternatives. In an effort to ameliorate and eliminate so far as possible the social, economic and physical harm caused by the disposal of solid waste in landfills, the Council of the City hereby adopts the following provisions relating to the collection of solid waste, recyclable waste and yard waste separated at its source. Subd. 2. Definitions. The following terms, as used in this Section, shall have the following meanings: A. Aluminum Recyclables — Aluminum recyclables means disposable containers fabricated primarily of aluminum, commonly used for beverages. B. Association—Association means all organizations of residential dwelling owners formed for the purpose of joint management of property or services. C. Can Recyclables — Can recyclables means disposable containers fabricated primarily of metal or tin. D. Collection—Collection means the aggregation of Solid Waste or Recyclable Wastes from the place at which it is generated and includes all activities up to the time when the material is delivered to the final disposal site. E. Commercial Establishment - Any premises where commercial or industrial enterprise of any kind is carried on and shall include restaurants, clubs, churches, and schools where food is prepared or served. F. Corrugated Cardboard— Corrugated cardboard means heavy paper or cardboard material with double wall construction and corrugated separation between walls for use in packing or boxing materials. G. Disposal Facility - Disposal facility means a waste facility permitted by the Minnesota Pollution Control Agency ("MPCA") that is designed or operated for the purpose of disposing of solid waste. H. Glass Recyclables — Glass recyclables means jars, bottles, and containers which are primarily used for packing and bottling of food and beverages. I. Geographic Service Area - Geographic service area means that area incorporated within the boundaries of the City. J. Licensee - Licensee means a person licensed to collect and transport solid, recyclable and/or yard waste or roll off containers as provided in this Section. K. Multiple Family Dwelling—Multiple Family Dwelling means attached dwelling units and accessory structures containing two (2) or more dwelling units. L. Paper Recyclables, Paper recyclables means newsprint, advertising supplements, office paper, magazines, catalogs, mixed paper and other uncoated paper products such as boxboard. M. Plastic Recyclables — Plastic recyclables means disposable bottles with a neck that are used for bottling of various matter and are fabricated from plastic, excluding bottles that previously contained hazardous materials or motor oil. N. Recyclable Waste - Recyclable waste means those components of solid waste consisting of aluminum recyclables, can recyclables, corrugated cardboard, glass recyclables, paper recyclables, plastic recyclables, organics, and other materials required to be recycled in compliance with City Ordinances, County Ordinances and Regulations, and State Statutes and Rules, each of which has been separated by a customer into a container or containers which have been designated for recyclable waste. O. Residential Customer - Residential customer means a person or persons who is or are customers of a Licensee and reside in a Single Family Dwelling or Multiple Family Dwelling which is used for residential purposes by one or more people, not including hotels, motels, rest homes, hospitals, or nursing homes. P. Roll Off Containers — Roll off containers means detachable receptacles, containers, dumpsters, bins or boxes designed for collection of construction, demolition, renovation, scrap, recycling, liquid, solid waste or yard waste materials or debris. Q. Single Family Dwelling — Single family, detached dwelling and accessory structures designed for or containing one dwelling unit. R. Solid Waste - Solid waste means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from residential, industrial, commercial, mining„ agricultural operations, and community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended. S. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing, trimming, gardening or raking consisting of grass clippings, twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste and leaves. Subd. 3. License Required. It is unlawful for any person to collect solid, recyclable and/or yard waste from any person, or transport the same,without a license therefore from the City. Subd. 4. Exception. Nothing in this Section shall prevent a person from collecting or transporting solid, recyclable and/or yard waste from the person's own residence or place of business provided the collection and transportation of the solid, recyclable and/or yard waste is conducted in accordance with Minnesota Rules Chapter 7035.0800. All solid, recyclable and/or yard waste shall be dumped or unloaded only at a disposal facility licensed by the Minnesota Pollution Control Agency. Subd. 5. The following are conditions applicable to each Licensee for a license for the collection of solid, recyclable and/or yard waste: A. Each Licensee is authorized to collect solid, recyclable and/or yard waste within the geographical service area. The Council has by resolution divided the geographical service area into districts and established the days on which residential solid waste and recyclable collection may occur within each district. The districts so established and the days on which collection may occur within each district may from time to time be amended by the Council by resolution. No Licensee or any other person shall collect solid, recyclable and/or yard waste from residential customers on any day other than the day specified for collection in the district except to collect roll-off containers, missed pickups, a special pickup or when a holiday falls on a district collection day. B. Each Licensee shall use vehicles or roll off containers for the collection and transportation of solid, recyclable and/or yard waste in good operating condition, of such design and so equipped so as to prevent loss in transit of liquid or solid cargo. The vehicles shall be kept clean and free from offensive odors and shall not be stopped or parked longer than reasonably necessary to collect solid,recyclable and/or yard waste. C. No Licensee shall operate a vehicle on any city street which exceeds eight (8) tons per axle weight. D. No Licensee shall operate in a residential district after 8:30 o'clock P.M. or before 7:00 o'clock A.M. of any day, and shall not operate in a residential district on Sunday. E. Each Licensee shall exhibit evidence of the license in a prominent position on each vehicle and roll-off container used in the collection or transportation of solid, recyclable and/or yard waste. F. Each Licensee shall be solely responsible for the provision, at its expense, of all personnel and equipment necessary to collect and transport all solid, recyclable and/or yard waste for which a license is granted by the City for delivery and disposal in accordance with the City Code and such regulations as the City may from time to time establish. G. Each Licensee shall take all precautions necessary to protect the public against injury and shall defend, indemnify and save the City harmless from and against all liabilities, losses, damages and claims of damages (including all reasonable costs, attorneys' fees, and other expenses incident thereto) suffered or incurred by the City that may arise by reason of any act or omission on the part of the Licensee, its agents, or independent contractors, while engaged in the collection and transportation of solid, recyclable and/or yard waste. Each Licensee shall also defend, indemnify and save the City harmless from and against any and all claims, liens and claims for labor performed or material furnished incident to the said collection and transportation by Licensee including claims for material or services furnished or subcontracted for by it. Each Licensee shall also defend, indemnify, and save the City harmless from and against all liabilities, losses, damages, costs and expenses (including attorneys' fees and expenses of City), causes of action, suits, claims, demands and judgments of any nature arising from violation of any representation, agreement, warranty, covenant or condition made by Licensee or imposed upon Licensee by Section 5.36 of the City Code. H. Each Licensee shall obtain and furnish to City evidence of all insurance required under this subdivision, covering all vehicles to be used and all operations to be performed by Licensee in collecting and transporting solid, recyclable and/or yard waste. Each policy of insurance required under this subdivision shall name the City as an additional insured. 1. Existence of the insurance required herein shall be established by furnishing certificates of insurance issued by insurers duly licensed to do business within the State of Minnesota in force on the date of commencement of the license period, and continuing for a policy period of at least one (1) year and providing the following coverages: a.. Public liability insurance, including general liability, automobile liability, completed operations liability, and loading and unloading liability in the following amounts. b. Bodily injury liability in the amount of at least $100,000 for injury or death of any one person in any one occurrence. c. Bodily injury liability in the amount of at least $300,000 for injuries or death arising out of any one occurrence. d. Property damage liability in the amount of at least $50,000 for any one occurrence. 2. Such general liability and automobile liability insurance policy or policies shall provide contractual liability insurance, specifically referring to and covering the obligation of Licensee to defend, indemnify and save harmless the City, its officials, agents and employees from alleged claims or causes of action for bodily injury or property damage as provided in Section 5.36 hereof. 3. Said general liability and automobile liability policy or policies shall contain an endorsement as follows: The policy to which this endorsement is attached is intended to comply with and furnish the coverages required by Section 5.36 of the City Code of the City of Eden Prairie. If anything in any other attachment, endorsement or rider conflicts with the provisions of said Section 5.36, then the provisions of said Section 5.36 shall prevail. Any deductible amount provided for in any part of the policy will be paid by the insurer upon establishment of legal liability of any insured, and the insurer shall be entitled to reimbursement from the insured for such deductible amount. 4. Said policies of insurance shall be furnished by a Licensee to City for examination and approval prior to the effectiveness of any license issued to a Licensee together with a certificate or certificates executed by an authorized representative of the insurer, certifying to the insurance coverage herein required, and stipulating that the policy will not be canceled nor any material change effected without first giving thirty (30) days written notice to City. After examination and approval of said policies by City, they may be returned to the Licensee, but the certificates of insurance shall be retained by City. Upon request by City, Licensee shall promptly furnish to City for examination at any time all contracts of insurance required herein. Each Licensee shall, on each anniversary date of the license, furnish City with evidence satisfactory to the City of the insurance required hereunder. I. Each Licensee shall at all times operate its business of collecting, transporting and disposing of solid, recyclable and/or yard waste in compliance with all local, state, and federal laws. Each Licensee shall obtain and maintain all licenses, permits, or other authority required by each county in which it operates, the Minnesota Pollution Control Agency and any other governmental agency having jurisdiction over its activities. J. Each Licensee shall impose charges for the collection of solid waste that increase with the volume or weight of the solid waste collected. Subd. 6. In addition to the conditions imposed upon Licensees set forth in Subd. 5 hereof the following are conditions applicable to each Licensee for a license for the collection of solid, recyclable and/or yard waste from customers effective August 1, 1989. Each such Licensee shall: A. Collect or provide for the collection from each customer of the Licensee of recyclable waste no less frequently than on a bi-weekly basis and solid waste no less frequently than on a weekly basis on the same day or days that the Licensee collects other forms of solid waste from such customer as described in Subd. 5(A). B. Not deliver to, dump, or dispose of recyclable waste which has been placed in a container designated for recyclable waste on or in a disposal facility. C. Provide for and collect yard waste from each residential customer of the Licensee at least as frequently and on such day or days as it shall collect other forms of solid waste from such residential customer between May and October. D. A Licensee shall not deliver to, dump or dispose of yard waste on or in a Disposal Facility. E. Make available for sale and sell at a reasonable cost to the Licensee's customers, containers for recyclable waste approved by the City. F. The Licensee shall provide to the City a quarterly written report that includes the following information. 1. The amount, by weight or volume, of each of the following materials collected during the preceding month from all of the residential customers of the Licensee in the City: a. Aluminum Recyclables b. Can Recyclables c. Corrugated Cardboard d. Glass Recyclables e. Paper Recyclables f. Plastic Recyclables g. All other recyclable waste h. Yard Waste i. All other Solid Waste 2. Number of Single Family Households with curbside recycling service. 3. Number of Multi-Family Households with curbside recycling service. 4. The costs incurred by the Licensee in providing the services for the collection of recyclable waste and yard waste required by this Section. G. Retain all documents evidencing the amount of the materials collected and/or received by the Licensee from the facility or facilities at which the materials have been disposed for a period of at least five (5) years. These documents shall be available for inspection by representatives of the City at all reasonable times within the County of Hennepin or a contiguous county. G. Not impose a greater charge for the collection of solid waste upon customers who recycle than upon customers who do not recycle solid waste or any part thereof H. Collect or provide for the collection of recyclable waste from each commercial or business customer on request. The recycling container must be accommodated within an existing or expanded enclosure for solid waste. I. Collect or provide for the collection of at a minimum the following materials from all Residential Customers who have curbside pickup of Recyclable Waste: 1. Aluminum Recyclables 2. Can Recyclables 3. Corrugated Cardboard 4. Glass Recyclables 5. Paper Recyclables 6. Plastic Recyclables Subd. 7. Exceptions. City Code Section 5.36 is applicable to Roll Off Licensees except as follows: 5.36, Subd. 6(C) and 6(E). City Code Section 5.36 Subd. 6(A) is applicable to Roll Off Licensees unless the Roll Off Container is used for collection of construction, demolition or renovation materials. Subd. 8. Obstructions. Pursuant to Section 6.06, roll-off containers shall not be placed within the street or other public property. Subd. 9. Penalty. Failure to perform, meet or comply with any condition or obligation imposed upon a Licensee by the City Code shall constitute a sufficient ground to withhold issuance, suspend, or revoke the license of a Licensee. Subd. 10. Relationship of the Parties. The City shall have no responsibility or obligation whatsoever with respect to the collecting, transporting or disposal of solid, recyclable and/or yard waste, or payment for such services to any person, and nothing in this Section shall be deemed to constitute a Licensee a partner,joint venturer, agent or representative of the City or to create the relationship of employer-employee. CITY COUNCIL AGENDA DATE: March 20, 2007 SECTION: Reports of Advisory Boards and Commissions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.A. Community Development/Planning Flying Cloud Airport Advisory Janet Jeremiah Commission- Update Regarding Scott Kipp Helicopter Noise Concerns Issue The Metropolitan Airports Commission, together with the Flying Cloud Airport Advisory Commission has been investigating a significant number of citizen complaints regarding helicopter activity during the months of January and February of this year. While the majority of complaints were for operations that occurred outside of the nighttime quite hours (l0pm-7am), the number of operations resulted in our review of the situation. Noise Complaints During the months of January and February a total of 90 complaints by 16 complainants were filed with MAC regarding aircraft operations at or near the Flying Cloud Airport(see Noise Complaint Summary and Map). Based on the nature of the complaint, over 40%were due to helicopter operations. These operations and associated complaints were generally occurring in the northeast quadrant of the city(see Helicopter Noise Complaints and Flight Tracks). While not all operations were from any one particular operator, a number of these operations have been identified by MAC as flights made by Air Methods, Inc., who is the contractor of Life Link III in the metropolitan area. Air Methods, Inc. Air Methods a ground and air medical transportation provider for critical care, advanced life support,basic life support, as well as organ donor services. They operate throughout the county and their services are available 24 hours a day, 365 days a year. About 40% of their operations are a due to of some sort of trauma, 30 % involve medical teams, with 10% of fights going direct to an accident site. This year Air Methods began its semi-annual flight training using Flying Cloud Airport as its base. This appears to be the cause for the significant number of operations within Eden Prairie and is not typical activity for its critical care services. The critical care services Air Methods provides are very important to this community and the greater metropolitan area and should not be compromised. City Council Meeting—Reports of Boards and Commissions Flying Cloud Airport Advisory Commission-Update Regarding Helicopter Noise Concerns March 20, 2007 Page 2 Meeting with Air Methods Both MAC and the Flying Cloud Airport Advisory Commission have met with Air Methods to discuss possible solutions. The Commission held its March 8th meeting at the Flying Cloud Airport and had the opportunity to see the Bell 222 in action, meet with the flight team, and to discuss the noise issues with the manager of the operation. Our meeting was very cordial and productive, and they indicated there willing to work together with the Commission. Some initial ideas toward a solution that appear to have universal support include: 1. Relocation of training operations to the Airlake Airport. 2. For non life-threatening operations to depart to the south while gaining additional altitude We will continue to work with MAC and Air Methods over the next few weeks and return to the April 17th City Council meeting to present our proposed action. In addition, Mr. Ron Muntifering, the manager of the operation would be happy to make a short presentation on Air Methods services and operation. Attachments 1. Noise Complaints Map 2. Noise Complaints Summary 3. Helicopter Noise Complaints and Flight Tracks '.1) ..____. ..--- Minnetonka Beach Complaint Descriptions Orono ' { 12 y u, aint-L-Ouis ark "See Attached Summary e havan 7 Ho+.'ns —F o o ra Bay 1e. } G eenw d opkins �� I o -- 0 CINT ERL ACHEN z Shorewood �+�.,„ ,rO� " �E•.-Isio— NRSON �- 2 rr ¢TuWNL1NE 62ND OUNTYRO62 14dina elliiiii c tt () 0 ri I \ 1 ° rn v �� 494 v c Of` 7_ / 1`U ,� ----C'''----'g. 41" ®- --'- ■\ 73 / I Chanhasse �n 1LYMAN 1 O a J 3 YI- Eden Prair -v 8 I. 14 2 2 Y -o 15 �5 3 LYM N D " B 10 � 6 1.13 0I co PIONS R 9 7 j' NII 16 % 0 o °" / Bloo ington Chaska —-� I 1 R l ® 7 OLD AKOPEE ��9 El'GLER A ' 1ST UNTr +Q ROAD } 9 Q%46 Sh- apee Ix�G�Fc 0,4� o r 'T$, -a ____--- Savage EA4-�o"5s4,Np Noise Complaints for Flying Cloud Airport . x January - February 2007 m� ..' o�m MAC w-_ I� r, c'fq at 'oa 1 0.5 0 1 2. 3 Milos ii!+R POPT6 1 S Flying Cloud Airport(FCM) Complaint Summary January- February 2007 Complainant Internet! ID Date Time Nature of Complaint Phone 1 2/15/07 5:33 AM Early/Late I 2 2/12/07 11:36 PM Helicopter, Excessive Noise, Early/Late, Low I 2/14/07 11:15 AM Helicopter I 3 2/7/07 7:24 PM Helicopter, Excessive Noise, Frequency, Low I 2/11/07 11:32 AM Helicopter, Excessive Noise, Low I 2/11/07 2:14 PM Helicopter, Excessive Noise, Low I 2/12/07 7:13 PM Helicopter, Excessive Noise, Low I 2/22/07 11:59 AM Helicopter, Excessive Noise, Low I 2/22/07 5:38 PM Helicopter, Excessive Noise, Low I 2/23/07 7:03 AM Helicopter, Excessive Noise, Early/Late, Low l 2/23/07 2:42 PM Helicopter, Excessive Noise, Frequency, Low I 2/25/07 3:39 PM Helicopter, Excessive Noise, Frequency, Low 2/27/07 4:41 PM Helicopter, Excessive Noise, Frequency, Low 2/27/07 5:04 PM Helicopter, Excessive Noise, Frequency, Low I 2/27/07 5:38 PM Helicopter, Excessive Noise, Frequency, Low I 2/27/07 8:57 PM Helicopter, Excessive Noise, Frequency, Low I 4 1/28/07 8:04 PM Excessive Noise I 2/5/07 7:53 PM Excessive Noise P 2/5/07 9:03 PM Excessive Noise P 2/6/07 10:05 PM Excessive Noise P 2/7/07 6:52 PM Helicopter, Excessive Noise P 2/7/07 7:33 PM Helicopter, Excessive Noise P 2/10/07 2:38 PM Helicopter, Excessive Noise P 2/11/07 2:24 PM Helicopter, Excessive Noise P 2/11/07 8:46 PM Excessive Noise P 2/12/07 6:08 PM Helicopter, Excessive Noise P 2/12/07 7:21 PM Helicopter, Excessive Noise P 2/12/07 7:39 PM Excessive Noise P 2/13/07 8:11 PM Excessive Noise P 2/14/07 6:55 PM Excessive Noise P 2/17/07 5:56 PM Excessive Noise P 2/17/07 7:29 PM Excessive Noise P 2/19/07 9:03 PM Helicopter, Excessive Noise P 2/19/07 9:09 PM Helicopter, Excessive Noise P 2/20/07 9:52 PM Helicopter, Excessive Noise, Early/Late P 2/27/07 9:09 PM Helicopter, Excessive Noise P 5 1/31/07 1:10 AM Helicopter, Excessive Noise, Structural Disturbance I 2/2/07 2:30 PM Excessive Noise, Structural Disturbance I 2/27/07 9:17 PM Helicopter, Excessive Noise, Low I 6 2/23/07 11:30 PM Helicopter, Excessive Noise, Early/Late, Low I 7 2/3/07 7:00 AM Helicopter, Excessive Noise, Frequency, Early/Late P 2/4/07 7:00 AM Helicopter, Excessive Noise, Frequency, Early/Late P 8 2/5/07 5:30 AM Excessive Noise I 2/5/07 5:42 AM Excessive Noise 2/6/07 5:40 PM Excessive Noise I 9 1/29/07 3:45 AM Helicopter 10 1/9/07 5:35 AM Early/Late I 1/11/07 5:02 AM Early/Late I 1/11/07 5:33 AM Early/Late I Flying Cloud Airport(FCM) Complaint Summary January- February 2007 11 1/25/07 10:34 PM Early/Late 1/30/07 5:15 AM Early/Late 2/5/07 6:15 AM Early/Late 2/5/07 6:30 AM Early/Late 215/07 6:35 AM Helicopter 2/5/07 6:40 AM Helicopter 2/6/07 1:15 AM Early/Late 2/6/07 10:15 PM Early/Late 2/9/07 6:03 AM Early/Late, Low 2/12/07 6:13 AM Early/Late 2/12/07 6:38 AM Early/Late 2/14/07 6:15 AM Early/Late 2/21/07 3:11 AM Helicopter, Early/Late 2/21/07 6:12 AM Early/Late 2/22/07 10:15 PM Early/Late 2/22/07 10:30 PM Early/Late 2/22/07 10:46 PM Early/Late 2/26/07 10:20 PM Early/Late 12 1/18/07 7:06 AM Helicopter, Excessive Noise, Frequency, Low 1/20/07 8:08 AM Helicopter, Excessive Noise, Low 2/3/07 5:17 PM Helicopter, Excessive Noise, Low 13 2/8/07 1:30 AM Helicopter P 2/8/07 2:38 AM Helicopter, Excessive Noise P 14 1/29/07 3:38 AM Helicopter, Excessive Noise, Early/Late, Low 15 2/9/07 6:03 AM Excessive Noise, Early/Late, Low 2/9/07 6:16 AM Excessive Noise, Early/Late, Low 2/14/07 9:16 PM Excessive Noise, Low 2/15/07 6:05 AM Excessive Noise, Early/Late, Low 2/15/07 6:55 AM Excessive Noise, Early/Late, Low 2/15/07 6:57 AM Excessive Noise, Early/Late, Low 2/15/07 10:01 PM Excessive Noise, Early/Late, Low 2/19/07 6:24 AM Excessive Noise, Early/Late, Low 2/20/07 5:59 AM Excessive Noise, Early/Late, Low 2/20/07 6:04 AM Excessive Noise, Early/Late, Low 2/20/07 6:07 AM Excessive Noise, Early/Late, Low 2/20/07 6:15 AM Excessive Noise, Early/Late, Low 2/26/07 5:44 AM Excessive Noise, Early/Late, Low 2/26/07 6:55 AM Excessive Noise, Early/Late, Low 2/26/07 10:56 PM Excessive Noise, Early/Late, Low 16 2/12/07 10:50 PM Helicopter 2/23/07 10:50 PM Excessive Noise, Early/Late, Low FCM Complaint Summary -90 total FCM complaints from 16 total complainants, 67 filed via the internet -48 complaints filed for operations conducted between the hours of 10:00 p.m. and 7:00 a.m. and investigated under the provisions outlined in the FCM Operational Implementation Plan -19 letters sent to owners/operators notifying them that they have operated in a manner inconsistent with the voluntary restraints outlined in the FCM Operational Implementation Plan FCM Stage 2 Operations Summary -No Stage 2 Aircraft Operations Minnetortiha Beach --��� Co>"Flgiaint Deschiotions Orono J 12 _ '1' w dint-ktuis ark 'Sea Attached Summary haven — 1 Hoilkins _ v o [ o ka Ba nw d opkins ���� `INTERUICHEN 1- 4G� 1 x Shorewood Z 0.419 ON E Isi y�FzN T WNLINE 62ND °"UNITY RO•l 62 dins 0O Tr z-.4---------- - '-' er Lj i O a A / A I Co.' f Vic ortc -- f/�� r Chanhasse a m J �LYMAN 0 .Z 1 / iu i, T. 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Ij' =fig'■" '�E_;, :ry�.:�_-><,r .I11uI�,�..1.�:��;i'41 =i' `I'"ilfi�. xill'sku.74.11-" A;11171.1.2-- .111111.111111 ,,,„,„,..._ rif, �`r "'" ^�f�,a►��,`•` U0-- �• �4�� � i YZr' =.0 • `,0 I�i'!!'(f�� �✓,1� 1��,}i `,`� �'� -1r, y,y� :. ,,il�ii. `r ..�Ir,� �: ki ��11 ��>: r�, li,�'►` v�'�� � ""--"F" .,....----"' -16"--r-rolP - ilk`, -lat. IP 411 ikIli 1 1 RN li 11 .„„,,401k. ..1044804,v4pri IN ' --' ',OVINE. 1 ‘ . ., �..„,,,.,N Flying Cloud Airport Aircraft Flight Tracks i January - February 2007 - 10:00 p.m. to 7: 00 a.m. , MAC += No,. is 1 0.5 0 1 2 3 MHai "RPOR• imil R SA5700,0123 .0111W7 --"Minlgaiatiplr 7.0100M11 Nolre.114MWLIrratiNtinenr-Ara4 0; 0 Nori...-.0„1„.,s,,T., .. . df. klub, 'IP- N, vipLiwil langooftwaliffigroyine FITcsiam l _gs ....1 cl_ NI t row-..-ripwrilirrciA.L. „.r........21 ip)s,,,,s:,....•,r ,. _,,,,4k .it.....,,, iv 0,,. :,-ot ,N.....0,-.1 ,,,,„„,.... .4•. , ,,,,„,,,,,,„„,„,,,,, ,,,A Number of Complaints . 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January - February 2007 N t ..i. 1 9.5 .1 oimmi 1 . ..,2 113 1.11" ii-W E- r s Flying Cloud Airport(FCM) Complaint Summary January-February 2007 Complainant Internet! ID Date Time Nature of Complaint Phone 1 2/15/07 5:33 AM Early/Late I 2 2/12/07 11:36 PM Helicopter, Excessive Noise, Early/Late, Low I 2/14/07 11:15 AM Helicopter I 3 2/7/07 7:24 PM Helicopter, Excessive Noise, Frequency, Low I 2/11/07 11:32 AM Helicopter, Excessive Noise, Low I 2/11/07 2:14 PM Helicopter, Excessive Noise, Low I 2/12/07 7:13 PM Helicopter, Excessive Noise, Low I 2/22/07 11:59 AM Helicopter, Excessive Noise, Low I 2/22/07 5:38 PM Helicopter, Excessive Noise, Low I 2/23/07 7:03 AM Helicopter, Excessive Noise, Early/Late, Low I 2/23/07 2:42 PM Helicopter, Excessive Noise, Frequency, Low I 2/25/07 3:39 PM Helicopter, Excessive Noise, Frequency, Low I 2/27/07 4:41 PM Helicopter, Excessive Noise, Frequency, Low I 2/27/07 5:04 PM Helicopter, Excessive Noise, Frequency, Low I 2/27/07 5:38 PM Helicopter, Excessive Noise, Frequency, Low I 2/27/07 8:57 PM Helicopter, Excessive Noise, Frequency, Low I 4 1/28/07 8:04 PM Excessive Noise I 2/5/07 7:53 PM Excessive Noise P 2/5/07 9:03 PM Excessive Noise P 2/6/07 10:05 PM Excessive Noise P 2/7/07 6:52 PM Helicopter, Excessive Noise P 2/7/07 7:33 PM Helicopter, Excessive Noise P 2/10/07 2:38 PM Helicopter, Excessive Noise P 2/11/07 2:24 PM Helicopter, Excessive Noise P 2/11/07 8:46 PM Excessive Noise P 2/12/07 6:08 PM Helicopter, Excessive Noise P 2/12/07 7:21 PM Helicopter, Excessive Noise P 2/12/07 7:39 PM Excessive Noise P 2/13/07 8:11 PM Excessive Noise P 2/14/07 6:55 PM Excessive Noise P 2/17/07 5:56 PM Excessive Noise P 2/17/07 7:29 PM Excessive Noise P 2/19/07 9:03 PM Helicopter, Excessive Noise P 2/19/07 9:09 PM Helicopter, Excessive Noise P 2/20/07 9:52 PM Helicopter, Excessive Noise, Early/Late P 2/27/07 9:09 PM Helicopter, Excessive Noise P 5 1/31/07 1:10 AM Helicopter, Excessive Noise, Structural Disturbance I 2/2/07 2:30 PM Excessive Noise, Structural Disturbance I 2/27/07 9:17 PM Helicopter, Excessive Noise. Low I 6 2/23/07 11:30 PM ' Helicopter, Excessive Noise, Early/Late, Low I 7 2/3/07 7:00 AM Helicopter, Excessive Noise, Frequency, Early/Late P 2/4/07 7:00 AM Helicopter, Excessive Noise, Frequency, Early/Late P 8 2/5/07 5:30 AM Excessive Noise I 2/5/07 5:42 AM Excessive Noise 1 2/6/07 5:40 PM Excessive Noise I 9 1/29/07 3:45 AM Helicopter I 10 1/9/07 5:35 AM Early/Late 1 1/11/07 5:02 AM Early/Late 1 1/11/07 5:33 AM Early/Late I CITY COUNCIL AGENDA DATE: March 20, 2007 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. City Council Appointments to the 2007 Budget Advisory Commission Requested Action Move to: Appoint to the Budget Advisory Commission for a term of . Synopsis The proposed members for Budget Advisory Commission all applied between February 21, 2007, and March 15, 2007. Four applicants were able to interview on the Commission Interview night held on February 27, 2007 (Kantor, Proops, Kardell, and Uram),with the remaining applicants scheduled to interview at 4:30pm on March 20, 2007. Background At the City Council's January 16 meeting, Mayor Young proposed the establishment of a new citizen advisory commission to assist the city with the management of the City's annual budget. At the Council's February 6 meeting, Council Member Duckstad shared a suggested mission statement for the Commission. At the Council's February 20 meeting, and first and second reading of the ordinance was approved and established, creating the new Budget Advisory Commission by amending City Code Sections 2.23 relating to Boards and Commissions' and adopting by reference City Code Chapter 1 and Section 2.99, which among other things, contain penalty provisions. CITY COUNCIL AGENDA DATE: March 20, 2007 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIILB. City Council Appointments of Chair and Vice-Chair to the Budget Advisory Commission Requested Action Move to: Appoint as Chair and as Vice-Chair of the Budget Advisory Commission. Synopsis Chairs and Vice-Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. The Chair and Vice-Chair leadership positions begin on April 1 and conclude twelve months later on March 31 for all Commissions. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson ad vice-chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson." CITY COUNCIL AGENDA DATE: March 20, 2007 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.C. City Council Appointments to 2007 Board of Appeal and Equalization Requested Action Move to: Appoint to the Board of Appeal and Equalization Mike Best,Doug Malam, Annette O'Connor, Brian Duos, and Patricia Pidcock for the period of April 1, 2007, through May 31, 2007, or until the Board of Appeal and Equalization completes its work. Synopsis The proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. Mike Best of REMAX Results is involved in the sale of single family properties in the southwest metro area. Doug Malam of REMAX Results is involved in the sale of single family properties in the southwest metro area. Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Brian Duoos of Edina Realty is involved in the sale of single family properties in the southwest metro area. Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest metro area and a former member of the City of Eden Prairie City Council. Background From 1992 through 2006, the City has appointed a special Board of Appeal and Equalization (also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable,with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003, the Minnesota legislature passed a law requiring members of local Boards of Appeal and Equalization Commissions attend a training session, developed by the Minnesota Department of Revenue, at least once every four years. Eden Prairie's BAE training session last took place on Wednesday,April 20, 2005. CITY COUNCIL AGENDA DATE: March 20, 2007 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.D. City Council Appointments of Chair and Vice-Chair to the Board of Appeal and Equalization Requested Action Move to: Appoint Patricia Pidcock—Chair and Mike Best—Vice-Chair of the Board of Appeal and Equalization. Synopsis Chairs and Vice-Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson ad vice-chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson." CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott Neal, City Manager Resolution supporting the High Speed Minnesota Broadband Policy Initiative Requested Action Move to adopt the resolution supporting the High Speed Minnesota Broadband Policy Initiative. Synopsis The High Speed Minnesota Initiative seeks to improve the broadband internet access of Minnesota citizens and businesses through a coordinated effort organized at the State government level. The initiative hopes to accomplish the following: • Adopt a state law enacting a goal to ensure ubiquitous two-way gigabit broadband across Minnesota by at least 2015. • Create and appoint a Broadband Policy Director for the State of Minnesota who will be responsible for coordinating the policies and activities necessary to achieving the state goal. • Establish as part of those responsibilities, that the Director would Chair a State Broadband Advisory Board charged with achieving statewide Gigabit access by at least 2015. • Ensure that The State Broadband Advisory Board should include public and private stakeholders who will: o Create a cohesive, comprehensive state-wide plan for the deployment of broadband services. o Make recommendations on the policies, actions and investments necessary to achieving the state's broadband goal. o Identify how both the public and private sector can cooperate in the needed investments to achieve the goals. o Carefully preserve the option for the state, cites and counties to protect public rights of way and participate as investors in networks or as providers of telecommunications services if the private sector is unable or unwilling to act, or if that best serves community needs. o Identify and recommend ways to eliminate obstacles to making broadband internet access ubiquitous in the state. o Identify and make recommendations to the state legislature that would support broadband goals including offering state subsidies and tax credits, and otherwise promoting broadband deployment. o Research innovative strategies and programs other states, countries and communities have used to provide gigabit broadband services ubiquitously and the impact it is having on communities. o Recommend specific action steps, assessments or legislation that will provide redundant capability to keep critical broadband infrastructure operational. Attachments Resolution CITY COUNCIL AGENDA DATE: SECTION: Proclamations & Presentations March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Scott Neal, City Manager Naming of PCRA Pavilion Requested Action Move to name the park picnic pavilion at Purgatory Creek Recreation Area in honor of Bob Lambert. Synopsis After announcing his retirement as director of Parks and Recreation with the City of Eden Prairie, several community members,Parks, Recreation and Natural Resources Commission members, City Council members and others have desired to recognize the work that Bob Lambert has put into the Eden Prairie park system by naming a facility within the parks. The most visible facility is that of the picnic pavilion at Purgatory Creek Recreation Area. This picnic pavilion is a culmination of many years of work to make a downtown park a reality. The Parks, Recreation and Natural Resources Commission feels that this pavilion is certainly one of the most recognizable amenities within the park system and would certainly be a fitting tribute to Bob and the work that he has done with the City for the past twenty-nine years. Background When Bob first envisioned the development of the Purgatory Creek Recreation Area,he worked with consultants in a design park contest and came up an idea that this area could be developed into a central park type complex. Wirth and Associates brought forward the idea of developing an executive golf course and won the design competition with their submission. However, as years went on and discussions took place with the Watershed District and other individuals, it became clear that this area would be difficult to maintain a golf course due to the high fluctuation in the water levels within the area. Subsequent staff and consultants offered many ideas to developing a downtown park. It was Bob's effort that channeled these ideas into a discussion with the Minnesota DNR, the Watershed District, Army Corp. of Engineers,U.S. Fish and Wildlife Service, City staff, and other consultants. It was at that time that the focus became more of a passive type usage,than an active park area. A Citizen Task Force was appointed in 2001; they selected SRF Consulting Group to lead the visioning that would bring focus on the development for this downtown park area. As the task force worked on various visioning scenarios, it became apparent that this downtown park area would be one that would be different for the entire city; however, it would be one that would preserve a very valuable portion of the downtown area in public open space. Bob's direction and work with the task force was instrumental in this area of the City becoming our `Downtown Park'. The picnic pavilion is the most visible landmark in the park and it should bear Bob's name in recognition of his 25+years of work in bringing this park into existence. Recommendation The Parks, Recreation and Natural Resources Commission considered and endorsed this proposal at their meeting last night(March 19,2007). I support their recommendation. I believe this proposal is an appropriate way in which to honor Bob for his years of service. I recommend the Council approve this motion. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION IN SUPPORT OF A HIGH SPEED MINNESOTA BROADBAND POLICY WHEREAS the City of Eden Prairie, on behalf of its residents and businesses, desires to be world class in its Internet speeds and connectivity; and WHEREAS Minnesota currently lacks a single comprehensive plan to develop an advanced telecommunications infrastructure to all parts of the state, and some communities have meager or no high speed communications or competitive services; and WHEREAS available Internet speeds to most Minnesotans,both for downloading and uploading,pale in comparison to those of citizens in many other industrialized nations in the world; and WHEREAS in the US we pay more for less bandwidth than consumers in leading broadband countries; and WHEREAS several other states and nations have formal broadband goals, and both California and Singapore are already underway on plans to reach 1 Gigabit per-second broadband access in the next few years and engineers are already at work on 100 Gigabit standards; and WHEREAS Gigabit broadband(1 Gig per second) access throughout Minnesota is essential to ensure a high quality of life and a globally competitive future for our citizens,businesses, and communities; and WHEREAS expanding the use of broadband technology has been shown to grow new markets for business, enhance educational access, strengthen health care, increase the potential to attract and retain jobs, improves quality of life and service delivery, and would provide Minnesotans and Minnesota businesses with the capabilities necessary to compete in the today's global marketplace. NOW, THEREFORE,BE IT RESOLVED that the Eden Prairie City Council, urge the Governor of Minnesota and the State Legislature to,without delay: • Adopt a state law enacting a goal to ensure ubiquitous two-way gigabit broadband across Minnesota by at least 2015. • Create and appoint a Broadband Policy Director for the State of Minnesota who will be responsible for coordinating the policies and activities necessary to achieving the state goal. • Establish as part of those responsibilities, that the Director would Chair a State Broadband Advisory Board charged with achieving statewide Gigabit access by at least 2015. • Ensure that The State Broadband Advisory Board should include public and private stakeholders who will: • Create a cohesive, comprehensive state-wide plan for the deployment of broadband services. • Make recommendations on the policies, actions and investments necessary to achieving the state's broadband goal. • Identify how both the public and private sector can cooperate in the needed investments to achieve the goals. • Carefully preserve the option for the state, cites and counties to protect public rights of way and participate as investors in networks or as providers of telecommunications services if the private sector is unable or unwilling to act, or if that best serves community needs. • Identify and recommend ways to eliminate obstacles to making broadband interne access ubiquitous in the state. • Identify and make recommendations to the state legislature that would support broadband goals including offering state subsidies and tax credits, and otherwise promoting broadband deployment. • Research innovative strategies and programs other states, countries and communities have used to provide gigabit broadband services ubiquitously and the impact it is having on communities. • Recommend specific action steps, assessments or legislation that will provide redundant capability to keep critical broadband infrastructure operational. ADOPTED by the Eden Prairie City Council on March 20, 2007. Philip Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2. Scott Neal, City Manager Community Technology Task Force Requested Action Move to: • Approve the creation of a Community Technology Task Force; and • Award a consulting contract to facilitate the task force to Community Technology Advisors Corporation in an amount not to exceed$35,000 Synopsis In 2006 staff began to receive an increasing number of concerns from residents and small businesses about the availability and price of high speed internet access in Eden Prairie. Those concerns spiked in early 2007 with the transition from Time Warner Cable to Comcast. Staff researched solutions to the concerns. We discovered a process used by the City of Eagan in 2004 that seemed like a good match for Eden Prairie. That process appointed a group of Eagan residents and business representatives as a task force to study the issue and to recommend solutions to the City. In addition, the City supplied the task force with professional facilitation to assist them with their mission. We have talked about this process with Eagan city officials and with members of their task force. Eden Prairie has much in common with Eagan. I believe the same process would work well here. In short, we would propose to appoint a task force of community volunteers to study the following three questions: 1. Research the availability of broadband services for residents and businesses and determine if the current services meet the needs of the community. 2. Review the availability of fiber optic networks and telecommunications services necessary to support the needs of Eden Prairie's current and prospective large technology corporate citizens. 3. Review the desirability of and the options for the deployment of wireless communications networks in Eden Prairie. The task force would be appointed by the City Council on May 1 and begin their work soon after. David Lindahl would serve as the staff liaison to the task force. They would be charged to completed their report and deliver it to Council on October 2. City staff interviewed three consultants to assist the task force with this mission. Their professional fees ranged from$18,000 - $63,000. We are recommending the selection of a firm called Community Technology Advisors Corporation. CTAC was the firm that assisted Eagan with their project. We believe they are also well positioned to produce a similar successful outcome in Eden Prairie. CITY COUNCIL AGENDA DATE: SECTION: Proclamations & Presentations March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Scott Neal, City Manager Naming of PCRA Pavilion Requested Action Move to name the park picnic pavilion at Purgatory Creek Recreation Area in honor of Bob Lambert. Synopsis After announcing his retirement as director of Parks and Recreation with the City of Eden Prairie, several community members,Parks, Recreation and Natural Resources Commission members, City Council members and others have desired to recognize the work that Bob Lambert has put into the Eden Prairie park system by naming a facility within the parks. The most visible facility is that of the picnic pavilion at Purgatory Creek Recreation Area. This picnic pavilion is a culmination of many years of work to make a downtown park a reality. The Parks, Recreation and Natural Resources Commission feels that this pavilion is certainly one of the most recognizable amenities within the park system and would certainly be a fitting tribute to Bob and the work that he has done with the City for the past twenty-nine years. Background When Bob first envisioned the development of the Purgatory Creek Recreation Area,he worked with consultants in a design park contest and came up an idea that this area could be developed into a central park type complex. Wirth and Associates brought forward the idea of developing an executive golf course and won the design competition with their submission. However, as years went on and discussions took place with the Watershed District and other individuals, it became clear that this area would be difficult to maintain a golf course due to the high fluctuation in the water levels within the area. Subsequent staff and consultants offered many ideas to developing a downtown park. It was Bob's effort that channeled these ideas into a discussion with the Minnesota DNR, the Watershed District, Army Corp. of Engineers,U.S. Fish and Wildlife Service, City staff, and other consultants. It was at that time that the focus became more of a passive type usage,than an active park area. A Citizen Task Force was appointed in 2001; they selected SRF Consulting Group to lead the visioning that would bring focus on the development for this downtown park area. As the task force worked on various visioning scenarios, it became apparent that this downtown park area would be one that would be different for the entire city; however, it would be one that would preserve a very valuable portion of the downtown area in public open space. Bob's direction and work with the task force was instrumental in this area of the City becoming our `Downtown Park'. The picnic pavilion is the most visible landmark in the park and it should bear Bob's name in recognition of his 25+years of work in bringing this park into existence. Recommendation The Parks, Recreation and Natural Resources Commission considered and endorsed this proposal at their meeting last night(March 19,2007). I support their recommendation. I believe this proposal is an appropriate way in which to honor Bob for his years of service. I recommend the Council approve this motion. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director Award bids for the Community Center Parks and Recreation Expansion, Third Rink, Round Lake Park Baseball Field Relocation and Birch Island Park Improvements Requested Action Move to: Authorize approval of the base bids as recommended by the Construction Manager for the Community Center, third rink, relocation of the baseball field and expansion of the park facilities at a cost of$13,700,000 and to determine which additional project alternates to accept or reject now, and which projects to delay a decision until further information is provided. Synopsis The bids for all of the projects associated with the Community Center expansion, the third rink addition, the baseball field relocation, and the development of Birch Island Park totaled$15,863,379. The revenue budget for those projects came from several sources, including the referendum, revenue bonds, Watershed District reimbursement, donations, the park fund, the general fund, and softball fees. These budgeted revenues totaled $13,865,000. RJM Construction, the construction manager for this project, has indicated a project can be constructed for $13,700,000 including a$397,000 contingency and a design and development cost; however, they provide a list of alternates that would have to be cut from the project in order to meet that cost. Many of these alternates are likely to be unacceptable to the Council; however, each alternate should be discussed with the pros and cons of including it in the project. In order to include all of the alternates, the City would have to fund an additional $2,163,000. There would be approximately $1,670,000 remaining in the park fund that could be designated toward funding these projects if the Council chose to delay two major capital project projected for 2007. The first being the acquisition of Cedar Hills Park for$913,700; the second for the lighting and reconstruction of Miller soccer fields#12 and#13 for 2007. This project could be delayed until 2008. Attached to this memorandum is a letter March 16, 2007 from RJM Construction describing the projected alternates that would have to be eliminated to get down to the $13,700,000 project cost, as well as a time for when a decision has to made on each particular alternate. Award bids for the Community Center Expansion, Third Rink, Round Lake Park Baseball Field Relocation and Birch Island Park Improvements March 20, 2007 Page 2 Also attached to this memorandum is a breakdown of the bids, the original estimated construction cost, and the revenue source for the various projects in the Park and Open Space CIP for 2007. This list includes projects funded by the referendum, as well as the park fund and should give the Council an overview of what funds are available and the decisions that must be made. RJM will review the bids and staff will discuss the pros and cons of each alternate at the Parks, Recreation and Natural Resources Commission on Monday, March 19. The Commission will be prepared to make recommendations on each alternate for the City Council at the workshop to be held on Tuesday, March 20 at 5:00 p.m. The Construction Manager will explain which bids he recommends be rejected and which bids awarded and the reasons for his recommendations. Attachments Letter from RJM Construction, dated March 16, 2007 Bid Breakdown Piz or- . 5 5 0 �.1 A L C O N S I R L1 C T ] O N S r ' V IC s .. 1 1E ij � Eji 'III q, March 16, 2007 tljSRUr • Mr.Robert Lambert City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: Community Center Expansion Dear Mr. Lambert: On March 15,2007 at 2:00 PM bids were received for the Expansion and Renovation of the Eden Prairie Community Center. All bid categories,with the exception of Bid Package 16A,B,C Electrical were received,opened, and read aloud. The following is a tabulation based on the original project budget categories. Community Center $ 8,144,450 Rink HI 3,297,735 Round Lake Ball Field 314,000 Ball Field Stadium 345,000 Ball Field Lighting 263,000 Ball Field Netting 166,000 Parking Expansion/NURP 1,562,194 Birch Island Improvements 141,000 Rink I Aluminum Bleachers 210,000 . Project Design Development Costs 1,420,000 Project Total $15,863,379 After reviewing the project scope we have developed a proposal that will fit within your total project budget of$13, 700,000. Construction Costs $11,882,745 Construction Contingency 397,255 Design and Development Cost 1,420,000 Project Cost $13,700,000 1 5455 HWY 169 PLYMOUTH MN 55442 763 . 383 . 7600 FAX 763 383 7601 BID FAX 763 553 9670 I RJM IS AN EQUAL OPPORTUNITY 6WLOYER PR. T ; 5 ...1 N L C O W S '1 ? U C i 1 O N 5 E /-}E�.k 1 I I it I'r! alp li&; ! . 1 VANSITRETETI The total project cost does not include many elements of the project that the City of Eden Prairie may wish to include. In addition we have made several assumptions regarding value engineering proposals we have received and believe to be viable but have not been able to fully confirm. We are presenting the following list for your consideration. !' Time for Description Value Decision I. Given the size and complexity of the project we Add $197,000 recommend at 5%construction contingency. 2. Include the ball field stadium Add $188,000 90 Days 3. Include built up roofing in lieu of TPO at Add $ 80,000 30 Days Community Center and Rink III 4. Include ball field soil and drainage system Add $163,000 30 Days 5. Include ball field netting Add $167,000 90 Days 6. Include ball field lighting system Add $263,000 90 Days 7. Include new aluminum bleaches at Rink I Add $210,000 90 Days 8. Include Concrete Ice Slab at Rink III Add $ 81,000 90 Days 9. Re-roof Rink I Add $231,000 120 Days 10. Include radiant heat at Rink I Add $ 66,000 120 Days 11. Include exterior entry walk snow melt system Add $ 10,000 120 Days } 12. Include new auxiliary generator system Add $410,000 60 Days 13. Include work at Birch Island Add $142,000 120 Days 14. Include expansion of ice system for Rink II Add $ 46,000 30 Days 15. Include planter wall at entry plaza Add $ 50,000 120 Days 5455 HWY 169 PLYMOUTH MN 55442 763 . 383 . 7600 FAX 763 383 7601 BR) FAX 763.553 9670 RJM LS AN EQUAL OPPORTUNITY EMPLOYER { R O P P. 5 3 ! ' 0 N r1 J CON 5 VRIJ C J iON _ 5 :.:R V 1 E S' II .. _ r '111IIIi1EIE vi\1I11(15 sl J3J.�ils.ti,� 1'i .ih CON5T.M01311 16. Walking Track at Rink 11 Add $391,000 120 Days - I E We look forward to reviewing the merits of each item and the consideration of their inclusion in the project. Sincerely, • � I Robert J.Jossart President 1 1 • • - I €I€ - 1 5455 I MN 169 PLYMOUTH MN 55442 763 . 3 8 3 . 7600 FAX 763 383 7601 BID FAX 763.553.9670 RIM IS AN EQUAL CT—OR-UNITY EMPLOYER REVIEW OF BIDS, BUDGETS AND REVENUE SOURCES PROJECT EST.COST BASE BID REVENUE Com.Center 7,600,000 8,345,000 Referendum 6,650,000 Park Fund 1,550,000 Third Rink 3,400,000 3,297,735 Revenue Bonds 1,400,000 Park Fund 1,000,000 Donation 1,000,000 Round Lake Baseball Field 350,000 314,000 Park Fund Baseball Stadium 420,000 345,000 Park Fund 220,000 Donation 200,000 Baseball Lighting 100,000 263,000 Park Fund Softball Lighting 90,000 90,000 Fees 50,000 Donation 50,000 Ballfield Nets 150,000 166,000 Park Fund Community Center Parking Lot Expan. 1,532,000 1,417,194 Park Fund Round Lake NURP Pond 145,000 145,000 Watershed District Birch Island Park 370,000 141,000 Park Fund Project Design and Development Cost. 1,420,000 1,420,000 TOTAL EST. S15,577,000 BID$15„863,379 6,650,000 Referendum 1,400,000 Revenue Bonds 175,000 Watershed Dist. 1,295,000 Donations 4,105,000 Park Fund 75,000 Gen Fund 90,000 Softball Fees 13,865,000 Revenue OTHER PARK REFERENDUM PROJECTS-Park Projects $4,695,000 PROJECT EST.COST ACTUAL COST DESIGN COST Edenvale Park 340,000 785,795 127,560 Forest Hills Park 590,000 165,000 Prairie View Park 190,000 9,500 Park Shelters(3) 930,000 674,990 54,000 PLAYGROUNDS Sterling Field 20,000 27,000 Carmel Park 75,000 75,000 Topview Park 20,000 25,000 Rustic Hills Park 75,000 75,000 Edgewood Park 20,000 25,000 Forest Hills Park 75,000 75,000 TENNIS COURTS Carmel Park 60,000 41,000 Prairie East Park 80,000 94,600 Eden Valley Park 70,000 103,084 Rustic Hills Park 70,000 103,084 Homeward Hills Park 80,000 77,000 FLYING CLOUD BALLFIELDS 1,100,000 --------------- BIRCH ISLAND PARK ACQ. 830,000 830,710 TOTAL PARK REFERENDUM $4,695,000 $3,283,113(TO DATE) BALANCE TO DATE $1,411,887(Estimated to be needed for Flying Cloud) TRAIL REFERENDUM IMPROVELMENTS-$2,000,000 Referendum (plus$200,000 grant) County Road 4 1,100,000 $106,000(to date) $144,000 design cost MCA sidewalks/trails 900,000 (over next 3 years BALANCE TO DATE $2,094,000 OTHER PARK PROJECTS TO BE FUNDED FROM PARK FUND in 2007 Projects Est.Cost Actual Cost Revenue Cedar Hills Park Acq. 913,700 (Could be delayed) 913,700 Miller Park Soccer Fields #12& 13 Lighted&Sand Base 600,000 (Could be delayed) 600,000 PCRA Boardwalk 80,000 ---- ----- 80,000 Miller Park Playground Exp. 100,000 (65,000 donation) 35,000 Eden Lake Drainage Project 35,000 35,000 TOTAL EST.COSTS $1,663,700 ----------- 1,663,700 EST.ADDITIONAL FUNDS AVAILABLE 246,300 EST.FUNDS AVAILABLE IF PROJECTS ARE DELAYED: 1,670,000 REVENUE FROM PARK FEES HAS BEEN APPROX.1 MILLION PER YEAR CONSIDERATIONS: ACTUAL FUND BALANCE WOULD BE MORE THAN THIS AS A PORTION OF THE COMMUNITY CENTER PROJECT WON'T BE BILLED UNTIL 2008 AND THE TRAIL PROJECTS FROM THE REFERENDUM WON'T BE STARTED UNTIL 2008,LEAVING ABOUT 2 MILLION ON HAND UNTIL THE COUNTY ROAD 4 PROJECT STARTS. ADDITIONAL CONSIDERATIONS:THE START UP COSTS FOR FURNITURE AND OTHER COSTS FOR THE COMMUNITY CENTER WILL BE APPROXIMATELY$800,000.THE COST FOR FITNESS EQUIPMENT IS NEARLY HALF THAT COST.THE COUNCIL COULD CONSIDER LEASING FITNESS EQUIPMENT RATHER THAN PURCHASING;HOWEVER,IT WOULD STILL BE A SIGNIFICANT COST. THE$913,700"PURCHASE PRICE"FOR THE LONG TERM LEASE FOR CEDAR HILLS PARK IS TO REIMBURSE THE CITY FOR THE WATER AND SEWER ASSESSMENT THAT WOULD HAVE BEEN CHARGED TO THE MAC.THIS COULD BE DELAYED IF NECESSARY. THE$600,000 PLANNED FOR LIGHTING AND INSTALLATION OF A SAND BASE ON THE TWO SOCCER FIELDS COULD ALSO BE DELAYED FOR ONE MORE YEAR, ALTHOUGH THIS WILL UPSET THE SOCCER AND FOOTBALL ASSOCIATIONS IT MIGHT BE THE PRUDENT DECISION UNTIL THIS PROJECT IS WELL UNDERWAY AND THE COUNCIL AND COMMISSION KNOWS WHAT REVENUE IS BEING GENERATED BY PARK FEES DURING THE YEAR. BY DELAYING THOSE PROJECTS THOSE FUNDS WOULD COVER THE DESIGN COSTS AND THE REMAINING PARK FEES WOULD BE SUFFICIENT TO COMPLETE THIS PROJECT THE WAY IT SHOULD BE DONE. CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director March 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director Parks Commission Recommendation Parks and Recreation regarding Community Center Renovation Project Alternates Requested Action 1st Motion Move to: Authorize the Construction Manager to prepare for award of all bid categories based on the scope of work approved this evening, and a construction cost not to exceed $15,585,000, and request staff to determine the feasibility of obtaining matching funds for the walking track, and make a decision on that alternate within the next 120 days. 2nd Motion Move to: Reject bids for fencing and netting, and for pre-cast structural concrete, and authorize RJM to re-bid those projects. 3rd Motion Move to: Set a special meeting for Tuesday, March 27 at 5 p.m. for the purpose of awarding contracts for the Community Center/Round Lake projects and to approve a"not-to- exceed"price for the RJM Construction management contract. Synopsis The attached list includes fourteen alternates that the Parks Commission recommended to be included in the project, totaling $1,885,000. They also recommend that a decision should be made on the walking track within 120 days. The Parks Commission suggested staff determine if there are grants available that could provide matching funds for the walking track; however, a decision must be made on the walking track within 120 days. The following bid summary and list of alternates is taken from the letter dated March 19, 2007 from RJM Construction. The list describes the element or alternate and lists the cost of that project as well as the recommended action on each alternate. The Commission recommended approving$1,885, 000 of alternates raising the total cost of the project to $15,585,000. If the walking track is added that cost would increase to $15,976,000. Also attached is a summary of the funding options available for these alternates. Parks Commission Recommendation regarding Community Center Renovation Project Alternates March 20, 2007 Page 2 Bid Summary of Projects Community Center Expansion $7,996,652 Rink III 3,445,533 Ballfield 314,000 Ballfield Stadium 345,000 Ballfield Lighting (softball &baseball) 263,000 Ballfield Netting& Fencing 166,000 Parking Expansion/NURP Pond 1,562,194 Birch Island Improvements 141,000 Rink I Aluminum Bleachers 210,000 Project Design Development Costs 1,420,000 $15,863,379 RJM Project Proposal Construction Costs $11,882,745 Construction Contingency 397,255 Design& Development $1,420,000 $13,700,000 Recommendations The $13,700,000 is obtained by providing sixteen alternates that would have to be eliminated from the project. The list of alternates and the Parks, Recreation and Natural Resources Commission recommendations are as follows: Description Amount to Delay or Alternate Recommended Action Include Funding Source Construction 1 Contingency $197,000 Expand with re-bids Include if Baseball Assoc. can commit to reimbursing City 2 Ballfield Stadium $376,000 $188,000 by end of 2009. 3 Built-up Roofing $80,000 General Fund Budget 2008 Baseball Field Sand Base & Drainage 4 System $163,000 Include Re-bid fencing & netting for better price, but include in project $12,000 funding by Baseball 5 Field Netting & Fencing $167,000 Assoc. Re-bid lighting. $90,000 for softball funded by softball fees. $95,000 funded by Baseball 6 Ballfield Lighting $263,000 Assoc. Parks Commission Recommendation regarding Community Center Renovation Project Alternates March 20, 2007 Page 3 Aluminum Bleachers at Include. Existing bleachers will 7 Rink I $210,000 need to be replaced. Include. Provides options for multi-use, especially March 15- Concrete Slab at Rink May 1 for indoor soccer/lacrosse 8 III $81,000 revenue. 9 Re-Roof Rink I $231,000 General Fund Budget 2008 Radiant Heat Re-bid and fund from General 10 Replacement in Rink I $66,000 Fund in 2008 Exterior Walk Snow 11 Melt System $10,000 Include Delay for 2008 General Fund 12 Auxiliary Generator $410,000 Budget 13 Birch Island Park $142,000 Include Expansion of Ice 14 System for Rink II $46,000 Include Planter Wall at Entry 15 Plaza $50,000 Include Delay for matching grant or make 16 Walking Track $391,000 decision at this time. TOTAL $1,885,000 ($2,276,000 needed if Walking Track is included.) Total Project $13,700,000 Recommended Alternates 1,885,000 $15,585,000 w/o walking track Walking track $391,000 Total $15,976,000 with walking track Funding Sources Community Center Referendum $6,650,000 Revenue Bonds 1,400,000 Hockey Association Donation 1,000,000 Baseball Association Donation 295,000 Softball Team Fees 90,000 General Fund CIP for Building Improvement—Roof, Boiler, Etc. 705,000 Watershed District 175,000 Park Fund 5,355,000 Total $15,845,000 Project Cost $15,585,000 w/o walking track($260,000 balance) 15,976,000 with track($131,000 deficit) Parks Commission Recommendation regarding Community Center Renovation Project Alternates March 20, 2007 Page 4 Possible Funding Source—Use a portion of the Referendum Balance designated for Flying Cloud Ball fields and payback that fund as cash park fees are generated. (Balance on hand for Flying Cloud Ballfields is $1,411,000.) PARK FUND Balance March 2007 $6,105,000 2007 Park Projects Committed: Renovate and Lights Miller Park Soccer Fields #12 & 13 $600,000 Miller Park Playground Expansion 35,000 PCRA Pier 80,000 Eden Lake Drainage Project 35,000 Balance available for this project $5,355,000 Attachment Letter dated March 19, 2007 from RJM Construction PROF ES SION AL CONSTRUCTION SERVICES 1111 March 19, 2007 CONSTRUCTION Mr. Robert Lambert City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Community Center Expansion Dear Mr. Lambert: On March 15, 2007 at 2:00 PM bids were received for the Expansion and Renovation of the Eden Prairie Community Center. All bid categories, with the exception of Bid Package 16A,B,C Electrical were received, opened, and read aloud. The following is a tabulation based on the original project budget categories. Community Center $ 7,996,652 Rink III 3,445,533 Round Lake Ball Field 314,000 Ball Field Stadium 345,000 Ball Field Lighting 263,000 Ball Field Netting 166,000 Parking Expansion/NURP 1,562,194 Birch Island Improvements 141,000 Rink I Aluminum Bleachers 210,000 Project Design Development Costs 1,420,000 Project Total $15,863,379 After reviewing the project scope we have developed a proposal that will fit within your total project budget of$13, 700,000. Construction Costs $11,882,745 Construction Contingency 397,255 Design and Development Cost 1,420,000 Project Cost $13,700,000 5455 HWY 169 PLYMOUTH MN 55442 763 . 383 . 7600 FAX 763.383.7601 BID FAX 763.553.9670 RJM IS AN EQUAL OPPORTUNITY EMPLOYER 1 PROF E S SION AL CONSTRUCTION SER VICES glhit till CONSTRUCTION The total project cost does not include many elements of the project that the City of Eden Prairie may wish to include. In addition we have made several assumptions regarding value engineering proposals we have received and believe to be viable but have not been able to fully confirm. We are presenting the following list for your consideration. Time for Description Value Decision 1. Given the size and complexity of the project we Add $197,000 recommend at 5% construction contingency. 2. Include the ball field stadium Add $188,000 90 Days 3. Include built up roofing in lieu of TPO at Add $ 80,000 30 Days Community Center and Rink III 4. Include ball field soil and drainage system Add $163,000 30 Days 5. Include ball field netting Add $167,000 90 Days 6. Include ball field lighting system Add $263,000 90 Days 7. Include new aluminum bleaches at Rink I Add $210,000 90 Days 8. Include Concrete Ice Slab at Rink III Add $ 81,000 90 Days 9. Re-roof Rink I Add $231,000 120 Days 10. Include radiant heat at Rink I Add $ 66,000 120 Days 11. Include exterior entry walk snow melt system Add $ 10,000 120 Days 12. Include new auxiliary generator system Add $410,000 60 Days 13. Include work at Birch Island Add $142,000 120 Days 14. Include expansion of ice system for Rink II Add $ 46,000 30 Days 15. Include planter wall at entry plaza Add $ 50,000 120 Days 5455 HWY 169 PLYMOUTH MN 55442 763 . 383 . 7600 FAX 763.383.7601 BID FAX 763.553.9670 RJM IS AN EQUAL OPPORTUNITY EMPLOYER PROF ESSI O N AL CONS T R UC T ION SERVICES ++1i I lei CONSTRUCTIG11 16. Walking Track at Rink II Add $ 391,000 120 Days We look forward to reviewing the merits of each item and the consideration of their inclusion in the project. Sincerely, Robert J. Jossart President 5455 HWY 169 PLYMOUTH MN 55442 763 . 383 . 7600 FAX 763.383.7601 BID FAX 763.553.9670 RJM IS AN EQUAL OPPORTUNITY EMPLOYER • P ,R O F E S S I O N A I. C O N S T R U C T I O N 5 E R V I C E S �Il1ia CONSTRUCTION EDEN PRAIRIE COMMUNITY CENTER BID DATE:MARCH 15,2007 BASE ICE ARENA(IA) DESCRIPTION COST 57609 COST 29594 S/SQ.FT. S/SQ.FT. 2A EXCAVATION/SITEWORK/SITE UTILITIES/SITE CONCRETE/PAVING/BRIDGE $1,344,500 $23.34 $80,000 $2.70 2B BASEBALL FIELD SITE WORK/GRADING/DRAINTILE SYSTEMS $237,000 $4.11 $0 $0.00 2C LANDSCAPE/IRRIGATION SYSTEMS $185,873 $3.23 $0 $0.00 2D BALL FIELD FENCING $224,900 $3.90 $0.00 3A CONCRETE SYSTEMS(BASE BID) $299,000 $5.19 $0 $0.00 3B CONCRETE SYSTEMS(ICE ARENA) $0 $0.00 $136,000 $0.00 3C CONCRETE SYSTEMS(BALL FIELD) $116,000 $0.00 $0 $0.00 3D PRECAST STRUCTURAL CONCRETE WALLS AND PLANK $666,825 $11.58 $334,539 $11.30 4A MASONRY SYSTEMS(BASE BID/ICE ARENA) $539,890 $9.37 $389,970 $13.18 4B MASONRY SYSTEMS(BALL FILED/STADIUM) $101,300 $0.00 $0 $0.00 5A STRUCTURAL STEEL/JOISTS/DECKING MATERIALS(BASE BID/BALL FIELD) $278,400 $4.83 $0 $0.00 5B STRUCTURAL STEEL/JOISTS/DECKING MATERIALS(ICE ARENA) $0 $0.00_ $147,700 $0.00 5C MISC STEEL MATERIAL(include 20,500 budget) $97,800 $0.00 $17,980 $0.00 5D STEEL ERECTION $199,900 $3.47 $75,800 $2.56 6A CARPENTRY/SPECIALTIES/SELECTIVE DEMOLITION/TEMP PARTITIONS $287,100 $4.98 $21,500 $0.73 6B INTERIOR ARCHITECTRUAL WOODWORK $116,683 $2.03 $3,440 $0.12 7A METAL WALL PANELS/METAL PANEL ROOFING $78,474 $1.36 $0 $0.00 7B ROOFING/SHEETMETAL/ACCESSORIES $285,000 $4.95 $213,330 $7.21 8A DOOR AND HARDWARE SYSTEMS $73,996 $1.28 $28,321 $0.96 8B ALUMINUM ENTRANCES/STOREFRONTS $289,981 $5.03 $20,657 $0.70 8C TRANSLUCENT WALL PANEL ASSEMBLIES/STOREFRONT $39,300 $0.68 $20,000 $0.68 9A GYPSUM BOARD SSYTEMS/PLASTER/FIREPROOFING $317,000 $5.50 $3,750 $0.13 9B SPORTS/WOOD FLOORING $92,000 $1.60 $0 $0.00 9C PAINTING $94,450 $1.64 $33,165 $1.12 13A ICE RINK REFRIGERATION SYSTEMS $0 $0.00 $748,600 $25.30 I3B DASHER BOARDS $0_ $0.00 $113,400 $3.83 13C BLEACHER REPLACEMENT $35,816 $0.62 $0 $0.00 15A PLUMBING AND PIPING SYSTEMS $827,200 $14.36 $174,800 $5.91 15B HVAC AND CONTROLS SYSTEM $944,735 $16.40 $276,954 $9.36 15C FIRE SPRINKLER SYSTEMS $193,300 $3.36 $32,800 $1.11 16A ELECTRICAL AND TECHNOLOGY SYSTEMS $586,655 $10.18 $253,935 $8.58 16B GENERATOR SYSTEMS a $0 $0.00 $0 $0.00 16C BASEBALL FIELD LIGHTING SYSTEMS $0 $0.00 $0 $0.00 8D ROLLING COUTNER AND OVERHEAD DOORS $15,715 $0.27 $8,335 $0.28 9D CERAMIC TILE/PORCELAIN TILE/QUARRY TILE • $94,059 $1.63 $0 $0.00 9E ACOUSTICAL CEILINGS/ACOUSTICAL WALL PANELS $79,598 $1.38 $0 $0.00 9F RESILIENT AND CARPET FLOORING $130,000 $2.26 $28,654 $0.97 I0A SPECIALTY MATERIALS $41,100 $0.71 $859 $0.03 IOB WARDROBE LOCKERS $106,552 $1.85 $0 $0.00 11A GYMASIUM EQUIPMENT $44,037 $0.76 $0 $0.00 13D RACQUET BALL COURT SYSTEMS $66,500 $1.15 $0 $0.00 14A ELEVATOR $47,405 $0.82 $0 $0.00 SITE SURVEY SUPPORT $4,000 $0.07 $0.00 BUILDING SURVEY SUPPORT $4,000 $0.07 $0.00 TEMP BUILDING HEATING EQUIPMENT COSTS $24,000 $0.42 $0.00 PRINTING $7,000 $0.12_ • $0.00 - FINAL CLEANING $30,000 $0.52 $0.00 TEMP POWER COSTS $12,000 $0.21 $0.00 SITE FENCE $26,000 $0.45 $0.00 GENERAL CONDITIONS $122,250 $2.12 $0 $0.00 REIMBURSABLES • $257,718 $4.47 $0 $0.00 BUILDING PERMIT(State Surcharge Only) $19,400 $0.34 $6,000 $0.20 SAC/WAC COSTS(City to Cover) $0 $0.00 $0 $0.00 CONSTRUCTION CONTINGENCY(5%) $484,221 $8.41 $158,524 $5.36 INSURANCE $104,228 $1.81 $34,122 $1.15 CONTRACTORS FEE $251,685 $4.37 $82,397 $2.78 Subtotal Construction Cost $10,524,546 $182.69 $3,445,533 $116.43 5455 HWY 169 PLYMOUTH MN 55442 763 . 383 . 7600 FAX 763.383.7601 BID FAX 763.553.9670 RJM IS AN EQUAL OPPORTUNITY EMPLOYER