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HomeMy WebLinkAboutCity Council - 05/01/2007 AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, MAY 1, 2007 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOM II 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members 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, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. 2008-2009 BUDGET Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 1, 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 Jay Lotthammer, 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. ARBOR DAY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES B. TOWN HALL MEETING HELD ON TUESDAY, APRIL 10, 2007 B. COUNCIL WORKSHOP HELD ON TUESDAY, APRIL 17, 2007 C. CITY COUNCIL MEETING HELD TUESDAY, APRIL 17, 2007 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. LOCK UP PUD AMENDMENT Second reading of the Ordinance for Planned Unit Development District Review with waivers on 2.11 acres and Zoning District Amendment in the Commercial Regional Service Zoning District on 2.11 acres. Location: Hennepin Town Road & Pioneer Trail. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review on 2.11 acres) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF STARING LAKE CORPORATE CENTER CITY COUNCIL AGENDA May 1, 2007 Page 2 D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.32 RELATING TO CITY EMPLOYEES WHO MAY ISSUE CITATIONS E. AWARD BIDS FOR RECONSTRUCTION OF MILLER PARK SOCCER FIELDS #12 AND #13 TO REHBEIN COMPANIES F. AWARD BIDS FOR THE COMMUNITY CENTER PRE-FAB CONCRETE AND BASEBALL FIELD FENCING AND NETTING G. ADOPT RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS H. ADOPT RESOLUTION DECLARING PROPERTY “ABANDONED” I. AWARD CONTRACT FOR 2007 STREET STRIPING TO UNITED RENTALS, I.C. 07-5696 J. APPROVE EXECUTION AND DELIVERY OF QUIT CLAIM DEED FROM THE CITY TO THE HOUSING AND REDEVELOPMENT AUTHORITY K. APPROVE ASSIGNMENT OF CONTRACTS AWARDED BY THE CITY FOR THE COMMUNITY CENTER RECONSTRUCTION TO RJM CONSTRUCTION L. ADOPT RESOLUTION ADOPTING AMENDED TIF PLANS AND BUDGETS FOR TAX INCREMENT FINANCING DISTRICTS 12, 14, 15, 16 17 AND 18 IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. TECHNOLOGY TASK FORCE XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA May 1, 2007 Page 3 I. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Hennepin Village Roadway Alternatives EAW (Resolution) 2. Hennepin Village Roadway Alternative Selection F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT PROCLAMATION ARBOR DAY – MAY 5, 2007 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways. NOW, THEREFORE, I, Phil Young, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 5, 2007, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city’s urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED by the Eden Prairie City Council on May 1, 2007. ___ Phil Young, Mayor ITEM NO.: IV.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TOWN HALL MEETING TUESDAY, APRIL 10, 2007 7:00 PM, HENNEPIN TECHNICAL COLLEGE 13100 College View Drive CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks Manager Stu Fox, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Police Chief Rob Reynolds, Fire Chief George Esbensen, and Council Recorder Lorene McWaters I. CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:05. He read the guidelines for protocol. II. RESIDENT INPUT A. Donald Hanson, 7936 Timber Lake Drive, asked about the City’s role in overseeing cable service. He said Comcast has a monopoly and that he is being forced to purchase services he does not want or need. Neal said there is an open market for cable operators in the Twin Cities, and the City has limited control over cable operations. The City does not regulate content or pricing. Neal said he will follow up with Comcast on Mr. Hanson’s concern. B. Kathleen Cox, 9741 Mill Creek Drive, said she would like Flying Cloud Airport to be left as it is. She asked what benefit would be gained from expansion and whether or not fees for services could be used to cover maintenance costs. Neal said Flying Cloud Airport is owned and operated by the Metropolitan Airports Commission, so the City’s role is somewhat restricted. Neal said MAC and the City reached an agreement in 2002 on a number of issues. That agreement allows for lengthening and widening the existing runways and construction of a new hangar area. Cox asked whether or not a letter was sent to Washington. Neal said the airport was one of nine issues addressed with legislators when he, Fire Chief Esbensen, and Council Member Butcher visited Washington in March. C. Laurie Pepper, 15101 Scenic Heights Road, asked whether or not the letter saying the City favors expansion will be retracted. Mayor Young said this meeting was an appropriate forum to make a request, but it is not meant for policy debate. D. Kevin Adams, 12235 OxBow Drive, said he loves Eden Prairie. He said he knew of the airport when he moved here, but that Ordinance 51 was in place. He is against ITEM NO.: VI.A. TOWN MEETING MINUTES November 28, 2006 Page 2 expansion, and asked the City to retract the letter requesting funding. He asked Neal to clarify what was said in Washington. Neal said they spent very little time on the airport. They noted the positive relationship between MAC and the City, but did not ask for advance funding for runway expansion or hangars. E. Laura Bluml, 10540 W. Riverview Drive, said she has repeatedly asked for information on the City’s deer management program on the river bluffs, the Homeward Hills trail expansion, and encroachment issues, but has not received it. She said she would like to see zero tolerance on off-leash and defecating dogs this summer. F. Michael Neuharth, 9610 Eden Prairie Road, said there has been a “to be acquired” sign from the airport on his property for 10 years, and no one would appreciate that. He said the Council should be required to have an open debate on airport expansion and vote on this serious issue. G. Gary Demee, 9425 Shetland Road, said he wanted to ask each Council Member whether or not they received a copy of the airport letter to Washington in advance of the trip. Mayor Young said this type of questioning is outside the realm of a town hall meeting. Demee said he had two additional questions, which could be answered later. He asked whether or not use of the term “support of the airport” was an error or intentional and whether or not each Council Member is in favor of lengthening and expanding the runways. H. Tom Heffelfinger, 11145 Bluestem Lane, said he is a former U.S. Attorney for Minnesota and former member of the Flying Cloud Airport Advisory Commission. He said he is concerned about apparent changes in policy in relation to airport expansion. He is also concerned about security at the airport. He said MAC agreed to a new security plan, but it does not appear to have been fully implemented. Councilmember Nelson said at the February 20 joint Council / Flying Cloud Airport Commission workshop that security be included in the commission’s 2007 work plan. Councilmember Butcher said it appears that some but not all measures have been put in place. Butcher also said when she went to Washington to meet with legislators, the group talked about improvements at the airport rather than expansion. I. Basil Wissner, 8293 Mitchell Road, said he agrees that Flying Cloud Airport needs to have good security; however, he does not understand the current controversy over the airport. He said the 2002 agreement between the City and MAC spells out what can and cannot happen. He also said if the federal government wants the expansion, it will happen. He said the City has larger issues to be addressed. III. ADJOURNMENT Young adjourned the meeting at 7:50 p.m. UNNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, APRIL 17, 2007 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOM II 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members 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, Community Development Director Janet Jeremiah, Housing and Community Services Manager Molly Koivumaki, Community Services Coordinator Mary Keating, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. AFFORDABLE HOUSING Housing and Community Services Manager Molly Koivumaki presented an update on Affordable Housing in Eden Prairie. She reviewed the history of the Met Council’s Livable Communities Act and the City’s participation in the program. The Livable Communities Act includes goals for ownership housing, rental housing, amount of affordable and life cycle housing, rental housing mix, and housing density. Koivumaki provided data on which goals the City has achieved and areas in which goals have not been met. Koivumaki provided information on the amount and type of subsidized housing in Eden Prairie. She said a Housing Focus Group was formed as part of the Comprehensive Guide Plan Update process. The group reviewed current housing goals and recommend additional goals. Mayor Young asked if any communities have chosen to opt out of the Livable Communities program. Neal said a few smaller communities, such as Orono and Greenfield, have chosen not to participate in the program. Koivumaki noted that some of the Met Council’s grant funding is dependent on participation in the Livable Communities program. Councilmember Duckstad asked where the money for subsidized housing comes from. Koivumaki said there are a number of places the money comes from, depending on the program. For example, Section 8 subsidies come from the federal government. Duckstad asked who decides how much affordable housing there is. Koivumaki said Council determines that. For the proposed Presbyterian Homes project, staff has considered asking for more affordable senior housing. ITEM NO.: VI.B. Young said it seems if there is a market demand for something, it will happen. Neal said something as simple as a zoning change could result in a particular type of housing becoming available, such as accessory apartments. Young said he would like to see more information on this. Community Development Director Janet Jeremiah said the proposed Presbyterian Homes development includes 650 units and 60 nursing beds. The City’s current policy requires 20% of all housing must be affordable to qualify for TIF. Presbyterian Homes has proposed two buildings – one for seniors only and an all-age building. The plan also calls for 75 housing units over retail. Presbyterian Homes has proposed all of these units be affordable workforce housing. The City’s current policy would require 32 of those units be affordable, and the City would like at least 20 percent of units in the senior building, which is part of the first phase of the project, to be affordable. Jeremiah said Presbyterian Homes has balked a bit at that suggestion. Councilmember Nelson asked if there has been discussion of any of the units being co-op. Jeremiah said Presbyterian Homes is flexible on that; however, they want at least some of the senior building not to be co-op. Butcher said it would be best not to concentrate all affordable units in one building, but that the City does not need to be rigid on number of units. Councilmember Aho said he agreed. Young asked what is driving this discussion – the City’s desire for affordable housing or Presbyterian Homes’ desire for TIF. Jeremiah said it is both. 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 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 17, 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 Deb Sweeney I. ROLL CALL / CALL THE MEETING TO ORDER Young called the meeting to order at 7:03 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. PROCLAMATION DECLARING MAY SENIOR AWARENESS MONTH Young read the proclamation. Senior Center Manager Carla Kress noted many events are planned in May to celebrate older adults and increase intergenerational involvement, including a raffle, buttons, a progressive dinner. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Nelson removed Item L from the consent calendar for additional discussion and Neal added it to his report. Rosow noted Item T requires assignment of construction contracts and requested this item include approval of the Assignment of Contracts which pertains to contracts awarded to date. Contacts subsequently awarded will be included in a second assignment. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY, MARCH 20, 2007 ITEM NO.: VI.C. CITY COUNCIL MINUTES April 17, 2007 Page 2 MOTION: Butcher moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2007 MOTION: Aho moved, seconded by Duckstad, to approve the City Council minutes as published. Motion carried 5-0. B. SPECIAL CITY COUNCIL MEETING HELD TUESDAY, MARCH 27, 2007 MOTION: Nelson moved, seconded by Butcher, to approve the Special City Council Meeting minutes as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION PRESENTATION ON LIFELINK III OPERATIONS AT FCM Andrew Kirkhoff, President and CEO of LifeLink III, presented information on his company’s history, services, and connection to Flying Cloud Ariport. Founded in 1979, LifeLink offers ground, helicopter, and airplane-based medical transport services. Since 1985, the company has been owned by several large Twin Cities hospitals with the principle of removing competition for better patient care. However, the company operates as a public utility, transporting patients to any facility that best meets their medical needs. LifeLink maintains a computerized dispatch facility in Minneapolis which dispatches its airplanes (operating out of the Saint Paul downtown airport) and its helicopters. While helicopters formerly were also based in St. Paul, the increase in interventional cardiology, interventional neurology, and other time-sensitive medical interventions led the company to ring the metro area with satellite bases. Lifelink bases are located in St. Cloud, Hutchinson, New Richmond, WI, and Flying Cloud in order to provide faster response times for these interventions, as well as for trauma care. Lifelink contracts with the for-profit company Air Methods, the nation’s largest medical air transport provider, for helicopter operations. Lifelink itself is a medical provider, under the medical direction of three doctors, and has published peer-reviewed research papers on best practices for medical transport. It is one of the only companies to be nationally accredited for both air and ground transport. Lifelink began operations at Flying Cloud Airport in July, 2006, and has found it to be an excellent site. The relationship with the Airport Commission has been good and helpful in addressing some noise issues, mostly resolved. Helicopters can be more flexible in their flight paths than planes, so it is easier to find solutions. Kirkhoff invited Council Members to also contact him or his operations staff directly with any concerns. CITY COUNCIL MINUTES April 17, 2007 Page 3 Butcher asked for a clearer description of a Lifelink “base,” of how the helicopter interfaces with ambulances, the number of trips per month, and whether the helicopters are involved in organ transport. Kirkhoff explained each base serves a 60-mile radius and includes a helicopter, pilot, nurse and paramedic who are stationed there 24/7. Most Twin Cities hospitals have a helipad so patients can be transported directly there. Linklink operates about 1,500 trips per year from all its bases, of which about 24 per month originate at Flying Cloud. Kirkhoff estimated that number would grow to 40 as the service becomes established. The maximum monthly capacity for a helicopter is 60 trips. The service does transport organs from a planes landing at the downtown St. Paul airport to the hospital if warranted, but this is rare. Aho praised the Lifelink commitment to patient care and said it is a beneficial service for residents. Duckstad asked if helicopters fly directly to injured persons, and if helicopter pilots have been directed to avoid residences in non-emergency situations. Kirkhoff explained there are three kinds of transports. Direct scene transports land the helicopter on a highway or field to pick up a patient, secondary scene transports move a patient who has been stabilized at a local facility to a different hospital, and a third type of transport shifts patients who have presented at an ER to a different hospital for specialized care. Unless wind conditions or FAA regulations make following a flight path unsafe, pilots must conform to designated flight paths in accordance with noise abatement procedures. The company has a responsibility to the community as well, whether outbound or returning. Nelson noted complaints about noise had dropped dramatically in the past two weeks, where formerly complaints were received daily. Young said Lifelink provides a vital service and thanked Kirkhoff for the presentation. VIII. CONSENT CALENDAR MOTION: Move approval of Items A-X on the Consent Calendar. A. CLERK’S LICENSE LIST B. STARING LAKE BUSINESS CENTER Second reading of the Ordinance for Planned Unit Development Concept Review on 19.3 acres, Planned Unit Development 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: U.S. Highway 212 & County Highway 1. (Ordinance No. 11-2007 for PUD-1-2007 District Review with waivers and Zoning District Amendment; Resolution No. 2007- 47 for Site Plan Review) CITY COUNCIL MINUTES April 17, 2007 Page 4 C. APPROVE SECOND READING OF AN ORDINANCE NO. 12-2007 AMENDING CITY CODE SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE AND ADOPT RESOLUTION NO. 2007-48 APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. ADOPT RESOLUTION NO. 2007-49 APPROVING FINAL PLAT OF THE DOUGHTY ADDITION E. ADOPT RESOLUTION NO. 2007-50 APPROVING FINAL PLAT OF WHISPERING RIDGE F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH INC. FOR CONSTRUCTION PHASE SERVICES FOR RECONSTRUCTION OF VALLEY VIEW RD., FROM FLYING CLOUD DR. TO GOLDEN TRIANGLE DR., I.C. 02-5586 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION INC. FOR CONSTRUCTION MATERIAL TESTING SERVICES FOR RECONSTRUCTION OF VALLEY VIEW RD., FROM FLYING CLOUD DR. TO GOLDEN TRIANGLE DR., I.C. 02- 5586 H. ADOPT RESOLUTION NO. 2007-51 AWARDING CONTRACT FOR RECONSTRUCTION OF VALLEY VIEW ROAD, FROM FLYING CLOUD DRIVE TO GOLDEN TRIANGLE DRIVE TO MINGER CONSTRUCTION INC., I.C. 02-5586 I. STARING PRESERVE Request for: Termination of Development Agreement. Location: 9181 Staring Lane East. J. AWARD CONTRACT FOR 2007 BITUMINOUS CRACK-SEALING TO AMERICAN PAVEMENT SOLUTIONS INC., I.C. 075695 K. AMEND CONSERVATION EASEMENT OVER LOT 1 BLOCK 3 OF SETTLERS WEST L. ADOPT RESOLUTION ADOPTING AMENDED TIF PLANS FOR TAX INCREMENT FINANCING DISTRICTS 12, 14, 15 16, 17 AND 18 (removed from consent calendar, not adopted) M. APPROVE PERMIT AGREEMENT WITH HENNEPIN COUNTY FOR THE BICYCLE/PEDESTRIAN TRAIL FROM BIRCH ISLAND PARK NORTH TO THE BIKE TRAIL ON THE SOUTH SIDE OF CROSSTOWN HIGHWAY N. ACCEPT 2006 GENERAL FUND FINANCIAL RESULTS CITY COUNCIL MINUTES April 17, 2007 Page 5 O. APPROVE NAMING RIGHTS AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND CAMBRIA P. APPROVE NAMING RIGHTS AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND WELLS FARGO Q. APPROVE LIQUOR STORE PROJECT CHANGE ORDERS R. APPROVE THIRD RINK ICE RENTAL AGREEMENT WITH THE EDEN PRAIRIE HOCKEY ASSOCIATION S. AWARD BID FOR RESURFACING – BITUMINOUS OVERLAYS OF FOUR TRAIL SECTIONS TO NORTHWEST ASPHALT, INC. T. APPROVE GUARANTEED MAXIMUM PRICE OF $14,165,000 AND RATIFY CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES WITH RJM CONSTRUCTION FOR THE COMMUNITY CENTER/ROUND LAKE PARK/BIRCH ISLAND PARK IMPROVEMENTS U. APPROVE THE AMENDMENT TO THE AFFORDABLE HOUSING REGULATORY AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND RYLAND GROUP, INC. V. AWARD CONTRACT FOR BAKER ROAD WATER STORAGE CONTROL IMPROVEMENT PROJECT TO PRAIRIE ELECTRIC W. APPROVE HARDWARE PURCHASE AND SUPPORT AGREEMENT WITH BERBEE FOR UPGRADE OF NETWORK SWITCHES X. AWARD CONTRACTS 2B, 2C, 6A, 7A, 7B, 8A, 9A, 9C, 13C, 15A, AND 15B FOR THE COMMUNITY CENTER PROJECT AS RECOMMENDED BY RJM CONSTRUCTION Young noted Item N reflects a transfer of a portion of budget stabilization funds into the CIP, an outgrowth of past discussions on drawing down these funds. MOTION: Aho moved, seconded by Duckstad, to approve Items A-K and M-X. Item L was moved from the Consent Calendar to Report of City Manager. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. JOINT HRA AND CITY COUNCIL PUBLIC HEARING ON REISSUANCE OF BONDS TO FINANCE PORTIONS OF THE EDEN PRAIRIE COMMUNITY CENTER PROJECT (Resolution No. 2007-52) CITY COUNCIL MINUTES April 17, 2007 Page 6 Neal said the HRA and the City Council are requested to approve the "reissuance" of certain bonds previously issued by the HRA (the "Prior Obligations") to finance portions of the Eden Prairie Community Center. Pursuant to the Third Ice Rink Rental Agreement proposed to be entered into between the City and the Eden Prairie Hockey Association (the "Hockey Association"), the Hockey Association will lease significant amounts of ice time in addition to the ice time already rented by it and other parties. Since usage of this volume and nature was not anticipated at the time of issuance of the Prior Obligations, the Prior Obligations were issued as governmental bonds, rather than as qualified 501(c)(3) bonds. The Internal Revenue Code permits the Prior Obligations to be "reissued" as qualified 501(c)(3) bonds, but only following a duly noticed public hearing. The original terms of the Prior Obligations will remain in place and therefore the debt service is not impacted. MOTION: Butcher moved, seconded by Duckstad, to adopt Resolution No. 2007-52 to reissue the City Obligations as qualified 501(c)(3) bonds and approve the reissuance of the HRA Obligations and the issuance of the 2007A Bonds. Motion carried 5-0. B. LOCK UP PUD AMENDMENT Request for: Planned Unit Development Concept Review on 2.11 acres, Planned Unit Development District Review with waivers on 2.11 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 2.11 acres and Site Plan Review on 2.11 acres. Location: 12995 Valley View Road. (Resolution No. 2007-53 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment). Neal noted the City Council previously approved a Development Agreement for the Lock Up project. The approved plan is for a 71,187 square foot self-storage building. The city granted a waiver for a floor area ratio of 0.78 and a parking waiver from 427 spaces to 9 spaces. The proposed amendment shows a 72,726 square foot building. The applicant is requesting a floor area ratio waiver to 0.7936 and required parking waiver from 437 spaces to 9 spaces. The 120-Day Review Period Expires on June 22, 2007. The Planning Commission voted 7-0 to recommend approval of the project at the March 12, 2007 meeting. Jeremiah said parking was the most significant waiver, but little parking is needed for a storage facility. A 20-inch discrepancy in the building size triggered a re- approval, but Staff has no concerns about the project. MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing; adopt Resolution No. 2007-53 for Planned Unit Development Concept Review on 2.11 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.11 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES April 17, 2007 Page 7 X. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Nelson, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Duckstad, Nelson and Young voting “aye.” XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.32 RELATIVE TO CITY EMPLOYEES WHO MAY ISSUE CITATIONS Neal said the Police Department is requesting a re-classified civilian position in the Police Department called Community Service Officer be added to the list of employees who may issue citations. In July 2006 the Police Department re- classified one full-time and two part-time positions called Community Service Officer. These positions work in conjunction with the department’s Animal Control Officer by responding to community service needs including code enforcement, animal control, parking enforcement, car lock-outs and booking procedures. As part of their role the Community Service Officers issue citations and must be granted that authority through city ordinance. MOTION: Butcher moved, seconded by Nelson, to approve first reading of an Ordinance amending City Code Chapter 2 by amending Section 2.32 relative to City employees who may issue citations by adding Community Service Officer to the list. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Discussion of TIF, Item L on Consent Calendar Neal said Item L on the consent calendar relates to several Eden Prairie TIF districts. The action was proposed as part of a compliance study by Springstead and Associates. Nelson asked for background information on TIF in general. Kotchever explained the City has various TIF districts where a certain percentage of tax increment goes back to the developer and part to the City. Formerly these amounts were put to an “administration” category, but the intent has always been to use these CITY COUNCIL MINUTES April 17, 2007 Page 8 monies for transportation improvement projects. The action clarifies this intent. Nelson asked for confirmation that the item does not impact taxes or grant TIF to a developer. Neal explained TIF is always approved by the Council in an overt action with a public hearing. Rosow said items on the consent calendar are by their nature not significant. Young said it is good to have an understanding of how TIF helps accomplish City priorities, the Major Center Area, for example. Neal confirmed TIF funds are designed to assist private development for public benefit. Young asked if the City has a formal policy for when it will consider TIF. Jeremiah said the policy was laid out in a 2005 Council workshop discussion. Key parameters include achieving goals of the comprehensive plan, limiting duration to 15 years, pooling money for transportation, and using a pay-as-you-go mechanism vs. bonding. Young requested an update on TIF be included as part of the budgeting discussions, and Neal consented. 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 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting. The meeting adjourned at 7:58 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 1, 2007 DEPARTMENT/DIVISION: Christy Weigel, Police/ Community Investigations Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Organization: EP Lions Club Event: Schooner Days Date: June 1-3, 2007 Place: Round Lake Park & EP Community Center Parking Lot CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: May 1, 2007 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah Regina Herron ITEM DESCRIPTION: The Lock Up PUD Amendment ITEM NO.: VIII.B. Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.11 acres; and • Adopt the Resolution for Site Plan Review on 2.11 acres; and • Approve the First Amendment to Development Agreement for The Lock Up PUD Amendment; and Synopsis The proposed plan shows a 72,726 square foot self-storage building. The 120-Day Review Period Expires on June 22, 2007. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. First Amendment to Development Agreement THE LOCK UP PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-2007-PUD-2-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District 13-2007-PUD-2-2007 (hereinafter "PUD-2- 2007-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-2-2007-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2007-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-2007-C-REG-SER are justified by the design of the development described therein. D. PUD-2-2007-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain First Amendment to Development Agreement dated as of May 1, 2007, entered into between The Lock Up-Evergreen Development Series, LLC and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-2-2007-REG-SER, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development 2-2007-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of April, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 1st day of May, 2007. ATTEST: _____________________________ _______________________________ Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on__________________, 2007. EXHIBIT A PUD Legal Description – Lot 1, Block 1, Minnesota Tree Third Addition, Hennepin County, Minnesota Abstract Property THE LOCK UP PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 13-2007-PUD-2-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 12995 Valley View Road within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on ______________________, 2007. (A full copy of the text of this Ordinance is available from City Clerk.) LEGAL DESCRIPTION – LOCK UP PUD AMENDMENT Lot 1, Block 1, Minnesota Tree Third Addition, Hennepin County, Minnesota Abstract Property THE LOCK UP PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR THE LOCK UP PUD AMENDMENT BY LOCK UP-EVERGREEN DEVELOPMENT SERIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY WITH SERIES, FOR THE APPLICABLE SERIES WHEREAS, The Lock Up-Evergreen Development Series, LLC, a Delaware limited liability company with series, for the applicable Series, has applied for Site Plan approval of The Lock Up PUD Amendment to construct a 72,726 square foot self-storage building, by an Ordinance approved by the City Council on May 1, 2007; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 12, 2007 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its April 17, 2007 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to The Lock Up PUD Amendment based on the First Amendment to Development Agreement between The Lock Up- Evergreen Development Series, LLC, a Delaware limited liability company with Series, for the applicable Series and the City of Eden Prairie, reviewed and approved by the City Council on May 1, 2007. ADOPTED by the City Council of the City of Eden Prairie this 1st day of May, 2007. _______________________ Phil Young, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk THE LOCK UP PUD AMENDMENT FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is made and entered into as of May 1, 2007, by The Lock Up-Evergreen Development Series, LLC, a Delaware limited liability company with series, for the applicable Series, 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 entered into that certain Development Agreement between Lock Up- Evergreen Development Series, LLC, Eden Prairie Development Series and the City of Eden Prairie for The Lock-Up, dated December 19, 2006, filed on February 8, 2007, recorded as Document number 8934646 in the office of the Hennepin County Recorder (hereinafter the “Development Agreement) for the property described on Exhibit A hereto (hereinafter the “Property”.) WHEREAS, the parties desire to amend the Development Agreement as set forth herein; WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment on 2.11 acres, Planned Unit Development District Review with waivers on 2.11 acres, and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.11 acres, Site Plan Review on 2.11 acres, legally described on Exhibit A (the “Property”); NOW THEREFORE, in consideration of the City adopting Resolution No. ________ for Planned Unit Development Concept Amendment, Ordinance No. ________ for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.11 acres, and Resolution No. _________ for Site Plan Review, Developer agrees to construct, develop and maintain the Property in accordance with the Development Agreement as amended hereby as follows: 1. Paragraph 1 of the Development Agreement is amended in its entirety as follows: "Developer shall develop the Property in conformance with the materials revised and dated February 27, 2007, reviewed and approved by the City Council on April 17, 2007, and attached hereto as the Plans, subject to such changes and modifications as provided herein. 2. Paragraph 13 of the Development Agreement is amended in its entirety as follows: PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): A. A floor area ratio of 0.7936. City code permits up to a 0.40 floor area ratio in the Commercial Regional Service zoning district. B. Required parking from 437 spaces to 9 spaces plus 27 proof of parking spaces. City code requires 6 per 1000 gross square feet of building area. Developer shall provide additional screening within the setback in or to minimize the impact of this waiver. The plans for the additional screening shall be submitted to and approved in writing by the City Planner prior to issuance of any building permit for the Property. 3. Except as amended by this First Amendment to Development Agreement, the Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties to this First Amendment to Development Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE The Lock Up-Evergreen Development Series, LLC 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 DELAWARE) ) ss. COUNTY OF NEW CASTLE) The foregoing instrument was acknowledged before me this ____ day of ____________, 2007, by , the , of The Lock Up-Evergreen Development Series, LLC, a Delaware limited liability company with series, on behalf of the ______________________. _____________________________ Notary Public EXHIBIT A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT –THE LOCK-UP PUD AMENDMENT Legal Description Lot 1, Block 1, Minnesota Tree Third Addition, Hennepin County, Minnesota Abstract Property EXHIBIT B FIRST AMENDMENT TO DEVELOPMENT AGREEMENT –THE LOCK-UP PUD AMENDMENT PLANS 1. Sheet G0-0, Title Sheet, Drawing Index, Building Code Data, Abbreviations & Symbols Legend dated 02/23/07 by Sullivan Goulette Architects 2. Sheet G0-1, ALTA/ACSM Land Title Survey dated 5/19/06 by James R. Hill 3. Sheet A0-1, Aerial Context Plan dated 09/27/06 by Sullivan Goulette Architects 4. Sheet A0-2, Site Plan dated 02/23/07 by Sullivan Goulette Architects 5. Sheet A0-2a, Site Plan dated 02/23/07 by Sullivan Goulette Architects 6. Sheet C-1, Grading Plan dated 02/16/07 by Sullivan Goulette Architects 7. Sheet C-2, Utility Plan dated 01/22/07 by Sullivan Goulette Architects 8. Sheet C-3, Details dated 01/22/07 by Sullivan Goulette Architects 9. Sheet C-4, Stormwater Pollution Prevention Plan dated 01/22/07 by Sullivan Goulette Architects 10. Sheet L-1, Landscape Plan dated 01/22/07 by Alan Whidby Landscapes 11. Sheet A1-1, Preliminary Floor Elevations dated 02/23/07 by Sullivan Goulette Architects 12. Sheet A1-5, Roof Plan dated 02/23/07 by Sullivan Goulette Architects 13. Sheet A1-5a, Roof Plan dated 02/23/07 by Sullivan Goulette Architects 14. Sheet A2-1, North & West Elevations dated 02/23/07 by Sullivan Goulette Architects 15. Sheet A2-1a, North & West Elevations dated 09/27/06 by Sullivan Goulette Architects 16. Sheet A2-2, East & South Elevations dated 02/23/07 by Sullivan Goulette Architects 17. Sheet A2-2a, East & South Elevations dated 9/27/06 by Sullivan Goulette Architects 18. Sheet SL-1, Photometric Plan dated 9/26/06 by On Site Lighting & Surveying, LLC 19. Sheet C-5, Proof of Parking Plan dated 12/4/06 by Schoell Madson CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 1, 2007 DEPARTMENT/DIVISION: Randy L. Slick Public Works / Engineering ITEM DESCRIPTION: Final Plat Approval of Staring Lake Corporate Center ITEM NO.: VIII.C. Requested Action Move to: Adopt the resolution approving the final plat of Staring Lake Corporate Center. Synopsis This proposal is for the plat located at the northwest quadrant of Flying Cloud Drive and Pioneer Trail. The plat consists of 19.3 acres to be divided into two lots and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on March 6, 2007. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was completed on April 17, 2007. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $2,509. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements. • The requirements as set forth in the Developer’s Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of final plat, Developer shall provide a Cross Access Easement and Maintenance Agreement for Lot 1 and Lot 2, Staring Lake Corporate Center. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the final plat, Developer shall submit Cross Access Agreement for the adjoining land to the City. Attachments • Resolution • Drawing of final plat STARING LAKE CORPORATE CENTER R.T. DOC. NO. C.R. DOC. NO. KNOW ALL MEN BY THESE PRESENTS That United Properties Investment ac. a Minnesota limited liability company, fee owner of the following descnbed property situated in the County of Hennepin, State of Minnesota, to wit: (Certificate of Title No. 1059745): The West 228 feet of that portion of the Southwest Quarter of the Northeast Quarter of Section 27, Township 116, Range 22, lying Easterly of a line drown from a point on the Mxth line of sold Northeast Quarter distant 280.5 feet Easterly from the Northwest corner of said Northeast Quarter to a point on the South line of the Northwest Quarter of the Southeast Quarter of sold Section 27 distance 676.5 feet Easterly from the Southwest comer of sold Northwest Quarter, which lies between the Survey line ° as shown on Hennepin County Highway Plat No. 6 CR Doc. No 3837760, and a line passing at right angles through the West line of said West 228 feet, at a point 1380 feet Southerly from its Intersection with said North line of the Northeast Quarter. AND In witness vehereof said United Properties Investment, LLC, a Minnesota limited fiability compons has caused these presents to be signed by its proper agents this day of 20 . BONES ANITED PROP0271ES WIESIAIENT LLC By By Frank J. Dutke, Executive Wee President William P. Katter, Vice President That part of the Northeast Quarter of Section 27, Township 116, Range 22, described as follows: Commencing at a point in the north line of said Northeast Quarter, 280.5 feet east from the Northwest Quarter of said Northeast Quart, thence In a southeasterly direction 1465 feet along a straight line (sold line to be hereafter know as Line ..4) which if produced will intersect the south line of the Northwest Quarter of the Southeast Quarter of said Section 27, Township 116. Range 2Z at a point 41 rods east of the southwest corner of said Northwest Quarter of the Southeast Quart, for a point of beginning; thence East parallel with the north line of said Northeast Quarter to a point in a line 21 1/3 rods Easterly at right angles from and parallel with aforesaid Line "A', thence southeasterly In a straight line parallel with aforesaid Line A to the north line of County Rood No. 1 as now established; thence northwesterly along the north Line of said County Road No. 1 to said Line thence northerly along said Line 'A" to the point of beginning. Except that part of the Northeast Quarter of Section 27, Township 115 Range 22, describe as follow Commencing at a point In the north line of said Northeast Quarter 280.5 feet east from the northwest corner thereof; thence southeasterly along aforesaid Line "A" a distance of 1380 to the actual point of beginning of the tract to be described; thence East ot right angles 228 feet; thence South at right ongles to the center line of County Road No 1; thence westerly along said center line to said Line W; thence northerly along said Line °A" to the actual point of beginning. TOGE7HE7? 4$17H, That port of the Northeast Quarter of Section 27, Township 116, Range 22, descHbed as follows: Commencing at a point in the north line of said Northeast Quarter of Section 27, distant 2805 feet east from the northwest corner of said Northeast Quart, thence southeasterly in a straight line, which if produced southeasterly will intersect with the south line of the Northwest Quarter of the Southeast Quarter of said Section 27 at a point distant 41 rods east from the Southwest comer thereof, a distance of 1117.04 feet to the actual point of beginning of the land to be hereinafter described; thence continuing southeasterly along said lost described line a distance of 262.96 feet; thence East at right angles 228 feet; thence south at right angles to a point distance 20 feet north of the center of old County Road No 1; thence easterly parallel with the center line of said Road to its intersection with a line distant 21 1/3 rods easterly at right angles from and parallel with the said first above described line; thence northerly along said last described parofiel line to Its Intersection with a line drown easterly from the actual point of beginning at right angles to the first above described straight line; thence westerly along said last described right ong/e line to the actual point of beginning. TOGETHER HAW: That part of the North 1185 feet of the Northeast Quarter of Section 27, Townsh4o 116, Range 22, lying west of the East 990 feet thereof and east of a line parallel with and 21 1/3 roads easterly measured at right angles, fi -om a line drawn from a point in the north line of said Northeast Quarter distant 17 rods east of the northwest corner thereof to a point in the south line of the Northwest Quarter of the Southeast Quarter of sold Section 27, distant 41 rods east of the southwest comer of said quarter—quarter: AND That part of the Northeast Quarter of Section 27, Township 116 North, Range 22 West of the Fifth Principal Meridian lying south of the North 118500 feet thereof, and lying west of the East 990.00 feet thereof, and east of a line parallel with and 21 1/3 rods easterly, measured at right angles from o line from point on the north line of said Northeast Quarter, distant 17 rods east of the northwest comer thereof to a point In the south line of the Northwest Quarter of the Southeast Quarter of said Section 27, distant 41 rods east of the southwest corner of said Northwest Quarter of the Southeast Quarter, and northeHy of County Road No 1 and northwesteHy of Flying Cloud Drive (formerly U.S Highway 169); a/so EXCEPT: That tract of land lying In Section 27, Towns,* 116, Range 22, described as follows: Commencing at the northeast comer of the Northeast Quarter of said Section 27, thence North 89 degrees 34 minutes 17 seconds West assumed beaHng along the north line of said Northeast quarter a distance of 990.00 feet to the point of beginning; thence South 0 degree 33 minutes 59 seconds West parallel with the east fine of said Northeast Quarter a distance of 737.21 feet; thence North 83 degrees 11 minutes 30 seconds West a distance of 932.45 feet to an intersection with a line parallel with and 21 1/3 rods easterly of a line running from a point in the north line of said Northeast Quarter distant 17 rods east of the northwest comer thereof to a point in the south line of the Northwest Quarter of the Southeast Quarter of said Section 27, distant 41 rods east of the southwest comer thereof; thence North 4 degrees 34 minutes 44 seconds West along the last above described parallel line a distance of 636.00 feet to the north line of said Northeast Quarter; thence easterly along said north line a distance of 95398 feet to the point of beginning. a/so EXCEPT: That part conveyed to the State of Minnesota pursuant to the Personal Representative's Deed dated September 3, 1980, recorded September 10, 1980 in the office of the Hennepin County Recorder as Doc. No 4587166. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknow/edged before me this day of 20_, by Frank J. Dutke, Executive Vice President and Wiliam P. Katter, Vice President of United Properties Investment aa a Minnesota limited liability compan3.5 development agent of Eden Bluff Holdings LLC, a Minnesota limited liability company, on behalf of the companx Notary Public County, Minnesota My Commission Expires I hereby certify that I have surveyed and plotted the property described on this plat as STARING LAKE CORPORA7E CEN7ER; that this plat is a correct representation of the survex that all distances are correctly shown on the plat in fret and hundredths of a foot; that all monuments have been correctly placed in the ground as shown or will be placed as required by the local governmental unit; that the outside boundary lines are correctly designated on the plat; and that there are no wetlands as defined in Minnesota Statutes, Section 505.02, Subd. 1 to be designated on said plat. Mark R. Salo, Land Surveyor Minnesota License No 43933. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing Surveyor's Certificate was acknowledged before me this day of 20_ by Mark R. Salo. Land Surveyor. Notary Public, County, Minnesota My Commission Expires EDEN PRAIRIE MINNESOTA This plat of STARING LAKE CORPORATE CENTER was approved and accepted by the City Council of Eden Prairie, Minnesota, at a regular meeting thereof held this day of 20 If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations. as provided by Minnesota Statutes, Section 505.03, Subdivision 2. CITY COUNaL OF EDEN PRAIRIE ANNNESOTA By By Mayor City Manager TAXPAYER SETWCES Plata% Hennepin Counts Minnesota I hereby certify that taxes payoble in and prior years have been paid for land described on this plat. Dated this day of 20_. JN L. Al , Hennepin County Auditor By Deputy SURVEY DIWBOW Hennepin County, Minnesota Pursuant to MINN. STAT. Sec. 3836.565 (1969) this plat has been approved this day of 20_, Wham P. Brown, Hennepin County Surveyor By REDS/FAR OF TITLES Hennepin County, Minnesota I hereby certify that the within plat of STARING LAKE CORPORA7E CEN7ER was Ned in this office this day of 20_, at o'clock .M. Michael H. Cunniff, Registrar of Titles By Deputy Has caused the same to be surveyed and platted as STARING LAKE CORPORATE CENTER and does hereby donate and dedicate to the public for public use forever the drainage and utility easements as shoes an the plat. COUNTY RECORDER, Hennepin County, Minnesota I hereby certify thot the within plat of STARING LAKE CORPORA7E CENTER was filed In this office this day of 20 at o'clock .M. Deputy Michael H. Cunniff, Registrar of Mies BY WESTWOOD Professional Services, Inc. Sheet 1 of 2 sheets STARING LAKE CORPORATE CENTER R.T. DOC. NO. C.R. DOC. NO. ,Mund copped 80 80 160 240 Scale In feet Bearings shown on this plat are based upon the north line of the Northeast Quarter of Section 27, Township 116, Range 22, Hennepin County, Minnesota o Denotes 1/2 inch by 14 inch Iron monument set and marked by License No. 43933 • Denotes 1/2 inch by 14 Inch Iron monument found and marked by License No. 43933 Westwood Professional Services, Inc_ N E;;EPTION 932252_ (rneas) 93245 se .‘• _ N84°08.48w I "11 It I PI 11 V \i NE comer of the NE I/O of Sec. 27 - west Ilne of the Emit 990.00 feet of Me NE 1/4 of Sec. 27 // 6 - 7 tail rr;,:rnszrk,`"•,r..1 /2.7 south Ilne of the NW 1/4-7 of Me SE 1/4 of Sec. 27 f N(25:247723'/ 487 o 05 / / sr' _ / r'y // / Cr, • ,_so • 21t4S/- p / 'r'n"'Etetn -;:.)//--)/////"/ /4 7/ / .6 . / • r, _ ▪ , \--north line of Me NW I/O of the SE 1/4 / A I / t" 2n4-°777 \ NE nji r 1_ ---- ----- 352 (211/3 red.) ---------- 1/4 of Sec. 27 _ SCte43i 1.3.9(32 I I / —41,-.3•42.4.300,004- F.3# • t • rci/ n „: \\ 1_0> --mi..-8844_9 /2. ,/ nv 0 \\,\ \ :44Fr* uoie e8A20 L— /I / ' 1,,•1 I L— 1 I /I / ' f ) i'-)(/ ' / 1 \ NI\ Ai IN VV Sheet 2 of 2 sheets CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING FINAL PLAT OF STARING LAKE CORPORATE CENTER WHEREAS, the plat of Staring Lake Corporate Center has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Staring Lake Corporate Center is approved upon compliance with the recommendation of the City Engineer’s report on this plat dated May 1, 2007. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 1, 2007. ____________________________________ Phil Young, Mayor ATTEST: SEAL ______________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 1, 2007 DEPARTMENT/DIVISION: Police Department/Rob Reynolds, Chief ITEM DESCRIPTION: Second reading of an ordinance amending City Code Chapter 2.32 ITEM NO.: VIII.D. Requested Action Move to: Approve second reading of an Ordinance amending City Code Chapter 2 by amending Section 2.32 relative to City employees who may issue citations by adding Community Service Officer to the list. Synopsis First reading of the Ordinance was approved at the April 17, 2007, Council meeting. Background The Police Department is requesting that a re-classified civilian position in the Police Department called Community Service Officer be added to the list of employees who may issue citations. In July 2006 the Police Department re-classified one full-time and two part-time positions called Community Service Officer. These positions work in conjunction with the department’s Animal Control Officer by responding to community service needs including code enforcement, animal control, parking enforcement, car lock-outs and booking procedures. As part of their role the Community Service Officers issue citations and must be granted that authority through city ordinance. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.32 RELATIVE TO THOSE CITY EMPLOYEES WHO MAY ISSUE CITATIONS BY ADDING COMMUNITY SERVICE OFFICER TO THE LIST. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending Section 2.32 as follows: “Community Service Officer” shall be added to the list of employees of the City of Eden Prairie who may, in the course and scope of the performance of their duties as employees, issue citations in lieu of arrest or continued detention, under the emboldened heading Police Department, below Zoning Administrator, and above the emboldened heading Fire Department. Section 2. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of April, 2007, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the _______ day of __________, 2007. _______________________ Phil Young, Mayor ATTEST: _______________________ Kathleen Porta, City Clerk PUBLISHED in the Eden Prairie News on the day of , 2007. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 1, 2007 DEPARTMENT/DIVISION: Stuart A. Fox, Manager, Parks and Natural Resources ITEM DESCRIPTION: Award Bid for Reconstruction of Miller Park Soccer Fields #12 & #13 ITEM NO.: VIII.E. Requested Action Move to: Award the bid for Reconstruction of Soccer fields #12 and #13 at Miller Park to Rehbein Companies in the amount of $404,100. Synopsis For the past fifteen years, City Park Maintenance staff has been dealing with compaction and turf quality issues at Miller Park soccer fields because they were constructed utilizing the existing silty, clay soil materials. In the past four years we have undertaken a process of evaluating ways to improve not only the turf quality and maintenance of these facilities, but also the safety and playability of the facilities for the tremendous amount of youth association games, both soccer and football that occur at this facility. The City enlisted the consulting services of HTPO to redesign these two soccer fields utilizing engineered soils and subterranean drainage. Plans and specifications were prepared and the City received a total of eight bids for the proposed reconstruction. A summary of the bids is as follows: Rehbein Companies $404,100.00 Sunram Construction $424,390.25 Krueger Excavating Inc. $426,033.90 Petereson Companies, Inc. $438,755.00 Ramsey Excavating $453,350.00 Rachel Contracting $465,771.00 Veit & Company, Inc. $482,583.50 Frattalone Companies $495,779.00 There was a deduct alternate for this project which was to omit a concrete maintenance strip underneath the perimeter fence; however, after looking at the particular alternate deductions, staff does not recommend exercising the deduct alternate since the bid reduction amount would be minimal in terms of the long term maintenance cost benefit that this concrete strip would provide for the facility. Each of the contractors were required to provide prequalification information that would demonstrate that they had constructed similar types of sand-based athletic facilities to ensure that the quality of work would be done according to the plans and specifications. Award Bids for Reconstruction of Miller Park Soccer Fields #12 & #13 May 1, 2007 Page 2 The engineers estimate for the project was $421,522.50 and staff concurs with their recommendation to award the bid to Rehbein Companies. Background Currently the soccer/football fields are used six days a week from mid-April until mid-October. Since these fields were constructed in 1992, the amount of games and the level of play have increased yearly to a point where the fields are dire need of major renovation. The fields were constructed using the native soils at the site and they have required intensive maintenance, namely overseeding and aeration to keep the turf relatively good condition. Staff had started researching various options for improving the quality and safety of these athletic fields and had compared the use of artificial turf surfaces versus natural turf surface. In researching the options we found that artificial surfaces while having the greatest flexibility in terms of play were very expensive and had some long term maintenance costs that seemed to be disproportionate to that of maintaining a natural turf field. The initial installation cost for a synthetic or artificial surface was estimated at approximately $1,000,000 per field, versus the $200,000 to put in a sand-base natural turf field. The staff evaluated the various pros and cons, and did some research on facilities throughout the metropolitan area and came to the conclusion that the best value field for the money was to begin a process of converting all five soccer/football fields at Miller Park to sand-base natural turf fields. This process will start in 2007 and conclude in 2010. Recommendation This reconstruction project is part of the approved Capital Improvement Plan. Funds for this reconstruction will come from cash park fees and work is expected to begin in early May, concluding in August, in time to seed the two fields. Staff is recommending award of the contract to Rehbein Companies in the amount of $404,100 without the deduct alternate. Attachments Bid Tabulation ITEMNo.ITEM QTY UNITUNITPRICETOTALUNIT PRICETOTALUNITPRICETOTALUNITPRICETOTALUNITPRICETOTALUNITPRICETOTALUNITPRICETOTALUNITPRICETOTALUNITPRICETOTALGrading, Utilities and Irrigation1 Clearing & Grubbing 1 Lump Sum 7,500.00$ 7,500.00$ 2,200.00$ 2,200.00$20,000.00$ 20,000.00$ 1,800.00$ 1,800.00$ 2,100.00$ 2,100.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 2,325.00$ 2,325.00$ 1,000.00$ 1,000.00$2 Rock Filter Dike 1 Lump Sum 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,500.00$ 1,500.00$ 1,800.00$ 1,800.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 300.00$ 300.00$ 860.00$ 860.00$ 2,000.00$ 2,000.00$3 Silt Fence, Type Machine Sliced 1,750 Lin. Ft. 2.25$ 3,937.50$ 1.46$ 2,555.00$ 2.10$ 3,675.00$ 1.80$ 3,150.00$ 1.80$ 3,150.00$ 1.50$ 2,625.00$ 1.50$ 2,625.00$ 1.80$ 3,150.00$ 1.30$ 2,275.00$4 Storm Drain Inlet Protection 2 Each 250.00$ 500.00$ 330.00$ 660.00$ 300.00$ 600.00$ 130.00$ 260.00$ 50.00$ 100.00$ 300.00$ 600.00$ 300.00$ 600.00$ 190.00$ 380.00$ 400.00$ 800.00$5 Site Grading 1 Lump Sum 15,000.00$ 15,000.00$ 23,000.00$ 23,000.00$ 10,260.00$ 10,260.00$ 93,800.00$ 93,800.00$ 39,475.00$ 39,475.00$ 78,110.00$ 78,110.00$ 66,270.00$ 66,270.00$ 80,000.00$ 80,000.00$ 40,500.00$ 40,500.00$6 Remove Curb & Gutter 45 Lin. Ft. 5.00$ 225.00$ 6.20$ 279.00$ 12.25$ 551.25$ 2.22$ 99.90$ 5.00$ 225.00$ 5.00$ 225.00$ 10.00$ 450.00$ 3.00$ 135.00$ 3.00$ 135.00$7 Remove Irrigation System 1 Lump Sum 3,000.00$ 3,000.00$ 1,000.00$ 1,000.00$ 5,000.00$ 5,000.00$ 650.00$ 650.00$ 1,100.00$ 1,100.00$ 500.00$ 500.00$ 750.00$ 750.00$ 1,200.00$ 1,200.00$ 1,700.00$ 1,700.00$8 Remove Catch Basin 1 Each 250.00$ 250.00$ 165.00$ 165.00$ 315.00$ 315.00$ 300.00$ 300.00$ 500.00$ 500.00$ 300.00$ 300.00$ 300.00$ 300.00$ 360.00$ 360.00$ 200.00$ 200.00$9 Pavement Removal 280 Sq. Yd. 4.50$ 1,260.00$ 3.40$ 952.00$ 3.00$ 840.00$ 2.25$ 630.00$ 2.10$ 588.00$ 4.00$ 1,120.00$ 3.00$ 840.00$ 1.65$ 462.00$ 1.80$ 504.00$10 27" Catch Basin w/Frame & Grate 1 Each 1,200.00$ 1,200.00$ 855.00$ 855.00$ 1,785.00$ 1,785.00$ 2,000.00$ 2,000.00$ 1,100.00$ 1,100.00$ 1,200.00$ 1,200.00$ 1,000.00$ 1,000.00$ 1,600.00$ 1,600.00$ 1,500.00$ 1,500.00$11 48" Catch Basin w/Frame & Grate 1 Each 2,000.00$ 2,000.00$ 1,900.00$ 1,900.00$ 2,205.00$ 2,205.00$ 2,250.00$ 2,250.00$ 1,600.00$ 1,600.00$ 2,500.00$ 2,500.00$ 1,500.00$ 1,500.00$ 2,800.00$ 2,800.00$ 5,000.00$ 5,000.00$12 12" RCP CL V125 Lin. Ft. 30.00$ 3,750.00$ 43.00$ 5,375.00$ 27.30$ 3,412.50$ 45.00$ 5,625.00$ 25.00$ 3,125.00$ 25.00$ 3,125.00$ 50.00$ 6,250.00$ 37.50$ 4,687.50$ 40.00$ 5,000.00$13 Pipe Bedding Binder Stone 40 Ton 18.00$ 720.00$ 1.00$ 40.00$ 1.05$ 42.00$ 22.00$ 880.00$ 20.00$ 800.00$ 10.00$ 400.00$ 20.00$ 800.00$ 30.00$ 1,200.00$ 25.00$ 1,000.00$14 Pipe Bedding Sand-Gravel 40 Ton 15.00$ 600.00$ 1.00$ 40.00$ 1.05$ 42.00$ 10.00$ 400.00$ 15.00$ 600.00$ 5.00$ 200.00$ 10.00$ 400.00$ 10.00$ 400.00$ 15.00$ 600.00$15 4" Draintile (Includes Connections, Fittings, Cleanouts& Tracing Wire)7,125 Lin. Ft. 8.00$ 57,000.00$ 4.20$ 29,925.00$ 5.20$ 37,050.00$ 5.00$ 35,625.00$ 4.10$ 29,212.50$ 4.50$ 32,062.50$ 4.80$ 34,200.00$ 5.00$ 35,625.00$ 4.60$ 32,775.00$ 16 8" Draintile (Includes Connections, Fittings, Cleanouts & Tracing Wire)370 Lin. Ft. 9.00$ 3,330.00$ 6.80$ 2,516.00$ 6.25$ 2,312.50$ 5.00$ 1,850.00$ 4.15$ 1,535.50$ 8.25$ 3,052.50$ 7.80$ 2,886.00$ 12.75$ 4,717.50$ 16.00$ 5,920.00$ 17 Gravel Drainage Material1,500Ton 20.00$ 30,000.00$ 25.15$ 37,725.00$0.01$ 15.00$ 19.25$ 28,875.00$ 26.90$ 40,350.00$ 21.50$ 32,250.00$ 24.00$ 36,000.00$ 20.40$ 30,600.00$ 20.35$ 30,525.00$18 Root Zone Soil Mixture (Plan quantity, CV)4,500Cu. Yd. 30.00$ 135,000.00$ 35.00$ 157,500.00$ 40.00$ 180,000.00$ 27.00$ 121,500.00$ 39.93$ 179,685.00$ 33.80$ 152,100.00$ 33.00$ 148,500.00$ 37.50$ 168,750.00$ 43.90$ 197,550.00$19 Processed Sand (Plan quantity, CV) 1,700Cu. Yd. 30.00$ 51,000.00$ 23.00$ 39,100.00$ 36.25$ 61,625.00$ 18.33$ 31,161.00$ 28.47$ 48,399.00$ 24.15$ 41,055.00$ 28.00$ 47,600.00$ 30.37$ 51,629.00$ 33.40$ 56,780.00$20 Mountable Curb & Gutter 15 Lin. Ft. 30.00$ 450.00$ 33.00$ 495.00$ 45.85$ 687.75$ 35.00$ 525.00$ 45.00$ 675.00$ 60.00$ 900.00$ 45.00$ 675.00$ 29.50$ 442.50$ 25.00$ 375.00$21 B612 Concrete Curb & Gutter 25 Lin. Ft. 30.00$ 750.00$ 33.00$ 825.00$ 33.00$ 825.00$ 30.00$ 750.00$ 37.00$ 925.00$ 40.00$ 1,000.00$ 45.00$ 1,125.00$ 30.50$ 762.50$ 25.00$ 625.00$22 Bituminous Wear (MVWE35035B) (Parking Lot, Access Drive)4 Ton 200.00$ 800.00$ 210.00$ 840.00$ 78.75$ 315.00$ 310.00$ 1,240.00$ 275.00$ 1,100.00$ 200.00$ 800.00$ 550.00$ 2,200.00$ 485.00$ 1,940.00$ 210.00$ 840.00$23 Bituminous Base (LVNW35030B) (Parking Lot, Access Drive) 5 Ton200.00$ 1,000.00$ 210.00$ 1,050.00$ 78.75$ 393.75$ 310.00$ 1,550.00$ 275.00$ 1,375.00$ 200.00$ 1,000.00$ 450.00$ 2,250.00$ 395.00$ 1,975.00$ 210.00$ 1,050.00$24 Aggregate Base CL V (Parking Lot, Access Drive, & C & G)20 Ton25.00$ 500.00$ 37.50$ 750.00$ 52.00$ 1,040.00$ 30.00$ 600.00$ 18.00$ 360.00$ 25.00$ 500.00$ 120.00$ 2,400.00$ 100.00$ 2,000.00$ 30.00$ 600.00$25 Bituminous Trail (MVWE45035B) (Includes, Sand & Class 5)2,300Sq. Ft. 3.50$ 8,050.00$ 3.65$ 8,395.00$ 3.81$ 8,763.00$ 3.80$ 8,740.00$ 3.35$ 7,705.00$ 3.25$ 7,475.00$ 5.00$ 11,500.00$ 4.45$ 10,235.00$ 2.80$ 6,440.00$26 Pavement Markings 1 Lump Sum 500.00$ 500.00$ 270.00$ 270.00$ 300.00$ 300.00$ 500.00$ 500.00$ 300.00$ 300.00$ 400.00$ 400.00$ 300.00$ 300.00$ 250.00$ 250.00$ 500.00$ 500.00$27 Irrigation System (Complete & In Place) 1 Lump Sum 29,000.00$ 29,000.00$ 16,300.00$ 16,300.00$ 20,800.00$ 20,800.00$ 20,394.00$ 20,394.00$ 19,751.00$ 19,751.00$ 22,500.00$ 22,500.00$ 22,000.00$ 22,000.00$ 20,000.00$ 20,000.00$ 23,400.00$ 23,400.00$28 Fencing (Includes Gate & Footings1Lump Sum 39,000.00$ 39,000.00$ 38,600.00$ 38,600.00$ 38,760.00$ 38,760.00$ 37,929.00$ 37,929.00$ 37,500.00$ 37,500.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 36,825.00$ 36,825.00$ 39,760.00$ 39,760.00$29 Concrete Maintenance Strip ( Includes Class 5) 1850 Lin. Ft. 12.00$ 22,200.00$ 15.80$ 29,230.00$ 11.23$ 20,775.50$ 11.00$ 20,350.00$ 7.74$ 14,319.00$ 11.00$ 20,350.00$ 15.00$ 27,750.00$ 8.85$ 16,372.50$ 18.50$ 34,225.00$30 Remove Silt Fence & Inlet Protection 1 Lump Sum 2,000.00$ 2,000.00$ 558.00$ 558.00$ 500.00$ 500.00$ 800.00$ 800.00$ 100.00$ 100.00$ 2,000.00$ 2,000.00$ 300.00$ 300.00$ 900.00$ 900.00$ 2,200.00$ 2,200.00$TOTAL421,522.50$ 404,100.00$ 424,390.25$ 426,033.90$ 438,755.00$ 453,350.00$ 465,771.00$ 482,583.50$ 495,779.00$Deduct AlternateOmit Concrete Maintenance Strip (Includes Class 5). Deduct from the Base Bid amount stated above the sum ofdollars ( ).22,200.00$ 29,000.00$ 18,700.00$ 20,350.00$ 14,319.00$ 20,350.00$ 27,750.00$ 16,372.50$ 34,000.00$TOTAL399,322.50$ 375,100.00$ 405,690.25$ 405,683.90$ 424,436.00$ 433,000.00$ 438,021.00$ 466,211.00$ 461,779.00$Krueger Excavating, Inc. Petereson CompaniesBid Tabulation 4-19-07Reconstruction of Soccer Fields 12 and 13 at Miller Park City of Eden Prairie (I.C. 7108)Engineers EstimateRehbein Companies Sunram ConstructionVeit & Company, Inc. Frattalone Companies Ramsey Excavating Rachel Contracting1A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 1, 2007 DEPARTMENT/DIVISION: Jay Lotthammer, Director Parks and Recreation ITEM DESCRIPTION: Award bids for the Community Center pre- fab concrete and baseball field fencing and netting ITEM NO.: VIII.F. Requested Action Move to: Authorize approval of the bids as recommended by the Construction Manager for the Community Center pre-fab concrete and baseball field fencing and netting. Synopsis These items were presented to the City Council on March 20, 2007. The City Council directed staff to work with the construction manager to re-bid the items in hopes of a more favorable price. RJM Construction, the construction manager for this project has submitted a letter recommending the approval of bids for the Community Center electrical, pre-fab concrete and baseball / softball field lighting. Attachments Letter from RJM Construction, dated April 24, 2007 Bid Breakdown CONSTRUCTION April 24, 2007 Mr. Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Eden Prairie Community Center Recommendations for Award of Contracts— Bid Package 2 (Partial) City Council Meeting — May 1, 2007 Dear Mr. Lotthammer, RJM Construction (RJM) has completed its review of the bids received on April 19, 2007 for Bid Package 2. In addition to the bid reviews, we have also conducted scope reviews with the apparent low bidders from each bid category. Based on the results of these reviews we recommend to the City Council that they award the contracts for three (3) Bid Categories as listed on the attached Exhibit 1 dated April 25, 2007. The remaining Bid Categories not referenced in this, or previous recommendations presented will be presented for the May 15 th , 2007 City Council meeting. If you should have any questions, please feel free to contact me. Brian G. Recker Vice President 5455 HWY. 169 PLYMOUTH, MN 55442 PHONE 763-383-7600 FAX 763-383-7601 www.rimconstruction.com EXHIBIT 1 April 25, 2007 Bid Package 2 RJM Recommended Bid Categories for Award - City Council Meeting May 1, 2007 Alternates Accepted 1A, 4B, 7A, 7B, 13C, M-2 ri _ 2E - Netting Systems Upper Midwest Athletic $ 112,870 3D - Precast Concrete Wall Panels Fabcon $ 494,069 3E - Precast Concete Plank Molin $ 248,519 Total of Recommendations for Award $ 855,458 led for Award Recommendation on May 15th 2007 _ 6B -Interior Architectural Woodwork Budget $ 120,123 9B - Sports / Wood Flooring Budget $ 92,363 13B - Dasher Boards Budget $ 113,400 15C - Fire Sprinkler Systems Budget $ 226,100 16A - Electrical Systems Budget $ 1,006,750 Total Budget of Remaining Recommendations for Award $ 1,558,736 Eden Prairie Community Center Bid Tabulation Form Bid Date: Thursday, April 19, 2007 Bid Category: 2E Netting Systems Contractor Bid Amount Addendums Noted Bid Security Upper Midwest Athletic Construction $ 112,870 1,2,3,4,5,6,7,8 Y N Century Fence $ 195,000 1,2,3,4,5,8 Y N Y N Y N Y N Y N Y N '(N Y N Y N Y N Y N '(N Y N Y N Y N Y N Y N '(N Y N '(N '(N '(N '(N Eden Prairie Community Center Bid Tabulation Form Bid Date: Thursday, April 19, 2007 Bid Category: 3D Precast Structural Concrete Wall Panels Contractor Bid Amount Addendums Noted Bid Security Alt #la Fabcon $ 303,369 1,2,3,4,5,8 Y N $ 190,700 Hanson $ 435,150 1,2,3,4,5,8 Y N $ 282,270 Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Eden Prairie Community Center Bid Tabulation Form Bid Date: Thursday, April 19, 2007 Bid Category: 3E Precast Structural Concrete Plank Contractor Bid Amount Addendums Noted Bid Security Alt #la Mol in $ 206,086 1,2,3,4,5,6,7,8 Y N $ 42,433 Hanson $ 219,798 1,2,3,4,5,8 Y N $ 48,738 Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 1, 2007 DEPARTMENT/DIVISION: Rod Rue Public Works / Engineering ITEM DESCRIPTION: Establishing Municipal State Aid Streets ITEM NO.: VIII.G. Requested Action Move to: Adopt resolution establishing Municipal State Aid Streets. Synopsis Eden Prairie’s certified street mileage for 2006 is 225.14 miles. Based on the criteria established for Municipal State Aid Street (MSAS) designations, the City qualifies for a maximum MSAS mileage designation of 45.03 miles, excluding allowable turnback mileage. The requested designation of Valley View Road, Mitchell Road, and Bryant Lake Drive has received preliminary approval from MN/DOT and will add 1.75 miles of municipal state aid streets to our system. Background Information Annually, Cities in Minnesota with populations in excess of 5,000 are required by Minnesota Statutes to provide information concerning their overall and municipal State Aid Street system to the Commissioner of Transportation. Necessary information includes street mileage, construction needs and population of the municipality. Based on the municipal street mileage, each City is entitled to designate 20% of its mileage as Municipal State Aid Streets (MSAS). In addition, Minnesota Trunk Highways whose jurisdiction has turned over to a municipality since July 1, 1965 and County Highway turnbacks since May 11, 1994, may also be included. Eden Prairie is authorized 2.14 turnback miles. State Aid funds are derived primarily from gas tax receipts and are distributed to municipalities based on population and determinations from the 25-year construction needs for the designated MSAS streets. Eden Prairie receives approximately $1.6 million per year from its present designation of 45.46 miles. This additional designation will increase our MSAS mileage to 47.21 miles out of a possible 47.43. This maximum mileage includes Trunk Highway turnback mileage of 2.14 plus 0.26 miles for the revocation of a portion of old Eden Prairie Road (new CSAH 4 – Spring Road) from CSAH 1 (Pioneer Trail) to Eden Prairie Road. Staff will monitor the ability to designate additional mileage as our system grows and a candidate street of appropriate length is identified. The MSAS rules require that a designated street connect at each end to a State Highway, County State Aid Highway or other Municipal State Aid Street for its entire length to qualify. Attachments • Resolution • Eden Prairie MSAS Route Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Eden Prairie that the streets hereinafter described should be designated Municipal State Aid Streets under the provisions of Minnesota Law; and WHEREAS, the designated streets meet the criteria for inclusion in the Municipal State Aid Street System. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the roads described as follows, to-wit: Valley View Road – from TH 101 (West 192nd Street) to Dell Road (MSAS No. 108) Mitchell Road – from CSAH 1 (Pioneer Trail) to CSAH 4 (Spring Road) Bryant Lake Drive – from CSAH 61 (Shady Oak Road) to TH 212 west-bound off ramp Be, and hereby are established, located, and designated as Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Eden Prairie to be numbered and known as Municipal State Aid Street (MSAS): Extension of MSAS 104 - Mitchell Road Extension of MSAS 109 - Valley View Road MSAS 133 - Bryant Lake Drive ADOPTED by the Eden Prairie City Council on May 1, 2007. _______________________ Phil Young, Mayor ATTEST SEAL _______________________ Kathleen Porta, City Clerk  CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 1, 2007 DEPARTMENT/DIVISION: Police Department Lieutenant James Morrow ITEM DESCRIPTION: Resolution Declaring "Abandoned Property" ITEM NO.: VIII.H. Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution - Declaration of Abandoned Property. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS, the property remains unclaimed by the owners; and WHEREAS, the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on May 1, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk Category Case Number Description Abandoned Property for Auction Exhibit A Bicycle (B)2006026123 Giant Ricon Mens Bicycle, Gray w/Red Writing Bicycle (B)2006026600 Mongoose Override 20", Boys Bicycle, Black/Red Bicycle (B)2006026600 Raleigh M20 Mtn Sport 26" Bicycle, Blk/Gry/Whi Bicycle (B)2006027476 7PK Mtn Bike, Blue & Silver, Boys Bicycle (B)2006028422 Schwinn Continental II, Red, Girls, 10-speed Bicycle (B)2006029037 Suzuki Yel/Red Boys Mtn Bike Bicycle (B)2006029085 Raleigh Sprite, Brown, Mens Bicycle, 5-speed (older model) see notes Bicycle (B)2006030480 Magna Night Vision Blue 10-speed Bicycle Bicycle (B)2006030480 Next Power Climber Red 18 speed Bicycle Bicycle (B)2006031259 Raleigh M20 Mountain Sport, Mens, Blk/White/Red Bicycle Bicycle (B)2006032654 Magna Mtn Tamer Bike, Blue w/padlock & cable, 6-speed Bicycle (B)2006032656 Huffy Rock It Boys Bike, Red Bicycle (B)2006032656 Schwinn Whisper Girls Bike, w/flower decals Bicycle (B)2006032917 Schwinn Ranger 2.4, Boys, Gray - No Brakes/Cables Bicycle (B)2006033991 Next Shocker, Red w/Blk/Gry/Whi Lettering Bicycle (B)2006034772 Unknown Make, Model, Boys Bike, Black BMX style w/Haro Seat Bicycle (B)2006034772 Specialized Fatboy BMX, Black Bicycle w/Whi/Blk Lettering Bicycle (B)2006035769 Univega Via Carisma Mens Bike, Green, Bi-axial Power Oval Bicycle (B)2006035790 Next Break Point Pro Bike, Blue/Silver, 26" Bicycle (B)2006036071 1 - Dyno Compe Boys Bike, Yellow (Gold) Bicycle (B)2006036071 3 - Schwinn Traveler III, Blue, Bike License 1979-81 Bicycle (B)2006036480 Huffy "Digital" Bike, Purple Bicycle (B)2006036546 Murray Daisy Craze, Teal/Pink Girls Bike (Small) Bicycle (B)2006037450 Rhino Misfit Boys Trick Bicycle, Silver in Color Bicycle (B)2006037575 Magna Double Divide Womens Bike, White w/Teal Accents, 12-speed Bicycle (B)2006038126 1 - Magna Malibu Girls Bike, Small, Purple & White Bicycle (B)2006038126 2 - Next Boys Bike, Red w/Sil/Blk Lettering, "Wipeout Motocross" Bicycle (B)2006040011 Magna Great Divide Girls Bike, Teal/Silver, 18 speed Bicycle (B)2006040407 Specialized Hard Rock Mens Bicycle, Black/Silver w/Cable Key Lock Bicycle (B)2006041332 Huffy Stone Mountain II Red Bicycle Bicycle (B)2006042280 Redline Slash Boys Trick Bike, Blk w/Yel stripe Bicycle (B)2006042367 Dyno Boys Trick Bike, Silver Bicycle (B)2006043317 Huffy Torsio Boys Trick Bike, Blk/Red/Sil Bicycle (B)2006044162 Next Wipeout Boys Trick Bike, Black/Red Bicycle (B)2006045213 Magna Glacier Point Bicycle, Black/Red/White/Gold Bicycle (B)2006045976 GT Outpost Trail Bicycle, Blue w/Whi/Blk/Sil Bicycle (B)2006046480 Roadmaster Mt. Sport sx Mens Bicycle, 18-speed, w/Kryptonite Key Lock, Shimano Bicycle (B)2006046480 Trek 730 Multi-Track Bicycle, Green w/combination lock Bicycle (B)2006046480 GT Palomar Mountain Bicycle, Yellow w/Whi/Blk/Tan Bicycle (B)2006047001 FS Elite "Big Horn" Green Girls Mtn Bicycle, 26" Bicycle (B)2007000816 Next "Slumber Party, Pink Girls Bicycle 41 # of Items 14/11/2007Report Date: Category Case Number Description Abandoned Property for Auction Exhibit A Camera (C)2006024565 Canon EOS Rebel X 35mm Camera & Promaster Flash Attachment 1 # of Items Cologne (E)2004029606 Pg 4 - #E - Cologne 1 # of Items Watch (J)2004029606 Pg 4 - #F - Elgin Mens Watch Watch (J)2006025675 Citizen Watch, Blue Face, Silver, Mens 2 # of Items Purse (P)2005025315 #42 - (2) Brown Purses 1 # of Items Car Stereo (R)2004029606 #5 - Car Stereo/CD Faceplate (R)2004029606 #12 - Sony Faceplate, Silver Faceplate (R)2004029606 #13 - Sony CD Faceplate Camcorder (R)2005011278 Panasonic Camcorder/Palmcorder - Pg 3 #9 Faceplate (R)2006029964 Pioneer DEH1600 Faceplate 5 # of Items Basketball (S)2005011278 Basketball in Case - Pg 4 #25 Bowling Ball 2006009566 Bowling Ball, 7# Brunswick, Red Baseball Bat (S)2006014341 Worth Powercell Aluminum Bat Glove 2006026696 Wilson Baseball glove, "Lindsay" written on glove 4 # of Items Auto Parts (W)2004029606 #1 - Tint Film For Vehicles Auto Parts (W)2004029606 Pg 4 - #B - Light Bulbs for Cars 2 # of Items Tools-Other (X)2004029606 Pg 4 - #C - Wiring Kit Tools-Other (X)2004029606 Pg 4 - #H - Accessory Kit 2 # of Items Books (Y)2003006509 (9) Paperback Books Spiral Wrap 2004029606 Pg 4 - #D - Spiral Wrap for Car Wiring Spray Paint 2004029606 Pg 4 - #I - (3) Cans of Paint Wire 2004029606 Pg 4 - #G - Speaker Wire 4 # of Items 63 24/11/2007Report Date: Category Case Number Description Abandoned Property for Conversion for City Use Exhibit B Conversion Purpose Projector (C)2005011278 NEC Projector w/Case & Cords - Pg 4 #4 City of Eden Prairie Camera (C)2005011278 Canon 35mm Camera w/lense & case - Pg 4 #7 City of Eden Prairie Projector (C)2005011278 Toshiba DLP Projector, Pg 4 #11 City of Eden Prairie Projector (C)2005011278 Dell DLP Front Projector w/Black Case - Pg 6 #1 EPPD Use Camera Case 2005011278 Pg 4 - #21b - Black Tamrac Case City of Eden Prairie 5 # of Items Fan 2005025315 #15 - Enviracaire Fan EPPD Use 1 # of Items Computer, Monitor (O)2005011278 Cinema Display Screen - Pg 3 #16 EPPD Use Printer (O)2005011278 HP Printer, Pg 4 #3 EPPD Use Computer, Hard drive (O)2005011278 Pg 6 - #6A - Western Digital Hard Drive EPPD Use Computer, Hard drive (O)2005011278 Pg 6 - #6B - Western Digital Caviar 36400 Hard Drive EPPD Use Computer, Hard drive (O)2005011278 Pg 6 - #6C - Seagate Barracuda ATAII EPPD Use Computer, Hard drive (O)2005011278 Pg 3 - #11A - Hard Drive from #11 - Seagate Barracuda ATA V 60 Gbytes EPPD Use Computer, Other (O)2005011278 Blk Case for Laptop - Pg 6 #3 City of Eden Prairie Computer, Laptop (O)2005011278 Toshiba Laptop M35 & Cord, Pg 7 #1 EPPD Use Palm Pilot (O)2005011278 Palm M500, Pg 7 #2 EPPD Use Computer, Misc 2005011278 Box w/Misc Computer Cords, etc. - Pg 7 #6 EPPD Use Computer, Monitor (O)2005011278 NEC Monitor, Pg 7 #10 EPPD Use Computer, Monitor (O)2005011278 Dell Monitor, Model B17 - Pg 7 #13 City of Eden Prairie Computer, Pocket (O)2005011278 IPAQ Pocket PC, HP Brand w/Blk Case - Pg 4 #14 EPPD Use Computer, Pocket (O)2005011278 HP IPAQ Pocket PC, Pg 4 #15 EPPD Use Computer, Monitor (O)2005011278 Dell Monitor - Pg 4 #22 EPPD Use Computer, Monitor (O)2005011278 Apple Monitor "Property of AGS 01340" EPPD Use Computer, Monitor (O)2005011278 Gateway Monitor - Pg 4 #28 EPPD Use Computer, Other (O)2006007185 #2 - USB Wireless Network Drive EPPD Use 18 # of Items 14/9/2007Report Date: Category Case Number Description Abandoned Property for Conversion for City Use Exhibit B Conversion Purpose Subwoofer (R)2005011278 Pioneer Subwoofer/Speaker - Pg 7 #16 City of Eden Prairie 1 # of Items Duffle Bag (S)2003004548 #6 - Black Duffel Bag SWHDTF Duffle Bag (S)2004001175 Item #17 - Black & White Gym Bag w/contents SWHDTF 2 # of Items Currency - Cash/Coin (T)2006030885 $17 Cash City of Eden Prairie Currency - Cash/Coin (T)2006034965 $.25 City of Eden Prairie 2 # of Items Auto Parts (W)2004029606 Pg 4 - #A - Cable Ties City of Eden Prairie 1 # of Items Tools-Other (X)2005011278 Pg 5 - #1 - Gray Bin & Tools EPPD Use Tools-Other (X)2006034114 Wire Stripper/Cutter EPPD ERU 2 # of Items Kit 2005011278 Toshiba USB FDD Kit, Pg 7 #3 EPPD Use 1 # of Items 33 24/9/2007Report Date: CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 1, 2007 DEPARTMENT/DIVISION: Mary Krause Public Works/Engineering ITEM DESCRIPTION: I.C. #07-5696 Award Contract for 2007 Street Striping to United Rentals ITEM NO.: VIII.I. Requested Action Move to: Award contract for 2007 Striping to United Rentals, in the amount of $69,501.00. Synopsis Sealed bids were received Thursday, April 26, 2007 for the 2007 Striping project. One bid was received and was tabulated as follows: United Rentals - $69,501.00 Background Information Street striping is an annual street maintenance project. The budget for 2007 is $80,000, under budget #1714-6337. Although only one bid was submitted, the prices for the individual striping items are comparable to or less than 2006 unit prices and are within the 2007 budget. The contractor that submitted the bid has successfully performed striping work within the City of Eden Prairie in previous years. If the submitted bid was rejected and the project rebid hoping to attract additional bidders the striping project would be delayed which would be undesirable. Staff recommends award to United Rentals. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 1, 2007 DEPARTMENT/DIVISION: Parks and Recreation ITEM DESCRIPTION: Third Rink – Deed from City to HRA ITEM NO. XIII.J. Requested Action Move to approve execution and delivery of a Quit Claim Deed from the City to the Housing and Redevelopment Authority in and for the City of Eden Prairie. Synopsis The HRA will be issuing bonds to finance the construction of the Third Rink of ice at the Community Center. As part of the financing it is necessary for the City to deed the property for the Third Rink to the HRA. Background The City currently owns the property on which the Third Rink of ice will be constructed. The HRA financing of this project requires that the City deed the property to the HRA. Attachments Quit Claim Deed 3I-M-- QUIT CLAIM DEED Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company (Top 3 incites Reserved for Recording Dais) Miller/Davis Co.."' St. Paul, MN 691-642-1988 Minnesota Uniform Conveyancing Mattl<s (1/15/97) DEED TAX DUE: $ Date: 20°7 FOR VALUABLE CONSIDERATION, City of Eden Prairie a municipal corporation under the laws of Minnesota Grantor, hereby conveys and quitclaims to the Housing and Redevelopment Authority in and for the City of Eden Prairie Grantee, a Public body corporate and politic under the laws of minnesota real property in Hennep in County, Minnesota, described as follows: See Attachment "A" for legal description "The total consideration for this transfer of property is $500 or less." together with all hereditarnents and appurtenances. Check box if applicable: Ci The Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. CITY OF EDEN PRAIRIE Affix Deed Tax Stamp Here STATE OF MINNESOTA SS. COUNTY OF HENNEPIN This instrument was acknowledged before me on By Scott Neal Its City Manager By Phil Young Its M.11 9.r , 2007 (Date) by Scott Neal the City Manager Of the City of Eden Prairie a municipal corporation on behalf of the corporation and Phil Young and Mayor under the laws of Minnesota NOTARIAL STAMP OR SEAL 1015 OTHER TITLE OR RAMO SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all of the land is Registered (Torrens) LII Tax Statements for the real property described in this instrument should be sem to (include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Richard F. Rosow, Esq. Gregerson, Rosow, Johnson & Nilan,Ltd. 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. 3I-M-- QUIT CLAIM DEED Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company (Top 3 incites Reserved for Recording Dais) Miller/Davis Co.."' St. Paul, MN 691-642-1988 Minnesota Uniform Conveyancing Mattl<s (1/15/97) DEED TAX DUE: $ Date: 20°7 FOR VALUABLE CONSIDERATION, City of Eden Prairie a municipal corporation under the laws of Minnesota Grantor, hereby conveys and quitclaims to the Housing and Redevelopment Authority in and for the City of Eden Prairie Grantee, a Public body corporate and politic under the laws of minnesota real property in Hennep in County, Minnesota, described as follows: See Attachment "A" for legal description "The total consideration for this transfer of property is $500 or less." together with all hereditarnents and appurtenances. Check box if applicable: Ci The Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. CITY OF EDEN PRAIRIE Affix Deed Tax Stamp Here STATE OF MINNESOTA SS. COUNTY OF HENNEPIN This instrument was acknowledged before me on By Scott Neal Its City Manager By Phil Young Its M.11 9.r , 2007 (Date) by Scott Neal the City Manager Of the City of Eden Prairie a municipal corporation on behalf of the corporation and Phil Young and Mayor under the laws of Minnesota NOTARIAL STAMP OR SEAL 1015 OTHER TITLE OR RAMO SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all of the land is Registered (Torrens) LII Tax Statements for the real property described in this instrument should be sem to (include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Richard F. Rosow, Esq. Gregerson, Rosow, Johnson & Nilan,Ltd. 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: May 1, 2007 DEPARTMENT/DIVISION: Scott H. Neal, City Manager ITEM DESCRIPTION: Approve Assignment of Contracts for Community Center Renovation Project to RJM Construction ITEM NO.: VIII.K. Requested Action Move to approve the Assignment of contracts awarded by the City for the Community Center Reconstruction to RJM Construction. Synopsis Pursuant to the CMc contract between the City and RJM Construction, the City to is assign to RJM the contracts awarded by the City for the Community Center Renovation Project. Background At the last City Council meeting the Council assigned to RJM Construction the contracts awarded as of that date. Additional contracts are on the agenda at this meeting for the council to award. If the council awards those contracts, it is appropriate for the Council to also approve the assignment of those contracts to RJM Construction. Attachment Agreement between City of Eden Prairie and RJM Construction ASSIGNMENT OF CONTRACT THIS AGREEMENT is made as of 1st day of May, 20007, by City of Eden Prairie a Minnesota municipal corporation (“City”), and RJM Construction, a Minnesota corporation (“Contractor”). RECITALS: WHEREAS City and Contractor have entered into that certain Standard Form of Agreement Between Owner and Construction Manager dated as of March 27, 2007 whereby Contractor undertakes the construction management of project known as the “Eden Prairie Expansion and Renovation, Eden Prairie Community Center.” A true and correct copy of the Contract is attached hereto as Exhibit “A.” WHEREAS the Contract requires that City assign to Contractor all of City’s rights in and to contracts for the construction of the Work (as defined in the Contract) which have been competitively bid and awarded by the City. A list of all such contracts is attached as Exhibit A hereto. NOW, THEREFORE, in consideration of the mutual promise and agreements made in the Contract and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged: 1. City hereby grants, transfers and assigns to Contractor all of its right, title and interest in and to the contracts identified on Exhibit A hereto. 2. The undersigned Contractor hereby consents to this Assignment and agrees to perform all of its obligations under the Contract for the benefit of City 3. This Assignment shall be binding upon and inure to the benefit of the City and Contractor and their respective heirs, successors and assigns, as the case may be. 4. This Assignment may be signed in more than one counterpart, together which shall constitute an original document. IN WITNESS WHEREOF, City and Contractor have executed this Assignment as of the above date. CITY OF EDEN PRAIRIE 2 _________________________________________ By: Phil Young Its: Mayor _________________________________________ By: Scott H. Neal Its: City Manager RJM CONSTRUCTION, a Minnesota corporation _________________________________________ By: Robert Jossart Its: President 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, the Mayor and City Manager respectively of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the municipal corporation. ___________________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of _______, 2007, by Robert Jossart, President of RJM Construction, a Minnesota corporation, on behalf of the corporation. ___________________________________________ Notary Public 3 THIS INSTRUMENT WAS DRAFTED BY: Richard F. Rosow, (93592) Gregerson, Rosow, Johnson & Nilan, Ltd 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402 Telephone: (612) 338-0755 Facsimile: (612) 349-6718 EXHIBIT "A" TO ASSIGNMENT OF CONTRACT EXHIBIT 1 April 25, 2007 Bid Package 2 RJM Recommended Bid Categories for Award - City Council Meeting May 1, 2007 Alternates Accepted 1A, 4B, 7A, 7B, 13C, M-2 ri _ 2E - Netting Systems Upper Midwest Athletic $ 112,870 3D - Precast Concrete Wall Panels Fabcon $ 494,069 3E - Precast Concete Plank Molin $ 248,519 Total of Recommendations for Award $ 855,458 led for Award Recommendation on May 15th 2007 _ 6B -Interior Architectural Woodwork Budget $ 120,123 9B - Sports / Wood Flooring Budget $ 92,363 13B - Dasher Boards Budget $ 113,400 15C - Fire Sprinkler Systems Budget $ 226,100 16A - Electrical Systems Budget $ 1,006,750 Total Budget of Remaining Recommendations for Award $ 1,558,736 Eden Prairie Community Center Bid Tabulation Form Bid Date: Thursday, April 19, 2007 Bid Category: 2E Netting Systems Contractor Bid Amount Addendums Noted Bid Security Upper Midwest Athletic Construction $ 112,870 1,2,3,4,5,6,7,8 Y N Century Fence $ 195,000 1,2,3,4,5,8 Y N Y N Y N Y N Y N Y N '(N Y N Y N Y N Y N '(N Y N Y N Y N Y N Y N '(N Y N '(N '(N '(N '(N Eden Prairie Community Center Bid Tabulation Form Bid Date: Thursday, April 19, 2007 Bid Category: 3D Precast Structural Concrete Wall Panels Contractor Bid Amount Addendums Noted Bid Security Alt #la Fabcon $ 303,369 1,2,3,4,5,8 Y N $ 190,700 Hanson $ 435,150 1,2,3,4,5,8 Y N $ 282,270 Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Eden Prairie Community Center Bid Tabulation Form Bid Date: Thursday, April 19, 2007 Bid Category: 3E Precast Structural Concrete Plank Contractor Bid Amount Addendums Noted Bid Security Alt #la Mol in $ 206,086 1,2,3,4,5,6,7,8 Y N $ 42,433 Hanson $ 219,798 1,2,3,4,5,8 Y N $ 48,738 Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: May 1, 2007 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Adopt Amended Budget for Tax Increment Financing Districts 12, 14, 15, 16, 17, and 18 ITEM NO.: VIII.L. Requested Action Move to adopt resolution adopting amended TIF plans and budgets for Tax Increment Financing Districts 12, 14, 15, 16, 17, and 18. Synopsis This item was discussed at the April 17, 2007, Council meeting but no formal motion was made. Springsted Incorporated, the City’s TIF advisor, has recommended that the City amend the TIF budgets to reflect the City’s intention to pool the City’s share of TIF proceeds for projects. Generally this required moving budgeted amounts from various line items to the other (eligible TIF pooling activities) line item for expenditures and also budgeting for expected interest income. Attachments Resolution Amended TIF Plans CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION RELATING TO TAX INCREMENT DISTRICT NOS. 12, 14, 15, 16, 17 AND 18 APPROVING MODIFICATIONS TO THE PLANS THEREFOR BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01. The City has heretofore approved tax increment financing plans: (a) on February 6, 1996, for Tax Increment Financing District No. 12, a qualified housing tax increment financing district of the City; (b) on August 5, 1997, for Tax Increment Financing District No. 14, a housing tax increment financing district of the City; (c) on July 20,1999, for Tax Increment Financing District No. 15, a qualified housing tax increment financing district of the City; (d) on July 20, 1999, for Tax Increment Financing District No. 16, a qualified housing tax increment financing district of the City; (e) on March 20, 2001, for Tax Increment Financing District No. 17, a qualified housing tax increment financing district of the City; and (f) on April 16, 2002, for Tax Increment Financing District No. 12, a housing tax increment financing district of the City. The tax increment financing districts described in paragraphs (a) through (f) of this Subsection 1.01 are referred to collectively herein as the “TIF Districts.” The original tax increment financing plans described in paragraphs (a) through (g) of this Subsection 1.01 are referred to collectively herein as the “Original TIF Plans.” 1.02. At the direction of the City Council, City staff began exploring with financial consultants: (a) a reallocation of the tax increment expenditures budgeted for certain public development costs within the Original TIF Plans, which costs fell within the total budgets for each of the TIF Districts set forth in the Original TIF Plans, and did not increase the total expenditures of tax increments therefrom; and -2- (b) a specification of the intent to spend tax increments outside of the TIF Districts’ boundaries to the extent permitted pursuant to Minnesota Statutes, Section 469.1763, Subdivision 2. 1.03. The City now intends to modify each of the Original TIF Plans to expressly reallocate the budgets therein among authorized costs previously paid and authorized costs anticipated to be incurred and paid in the future and to specify the intent to spend tax increment outside of the respective TIF District boundaries and to approve these modifications subject to final determination and verification of authorized costs incurred and paid to date for the respective TIF Districts. 1.04. The City staff and financial consultants have prepared and presented to the City for approval the proposed modifications, attached hereto as Exhibit A, to the Original TIF Plans (the “Modified TIF Plans”). 1.05. Because the Modified TIF Plans will not reduce or enlarge the Project Areas or the TIF Districts, increase the amount of bonded indebtedness to be incurred, capitalize interest on the debt if that determination was not a part of the Original TIF Plans, increase the portions of the captured net tax capacity of the TIF Districts to be retained by the City, increase the estimate of the cost of the projects paid or financed with tax increment from the TIF Districts, or designate additional property to be acquired by the City pursuant to the Original TIF Plans, the notice, discussion, public hearing, and findings by the City required for approval each of the Original TIF Plans are not required. Section 2. Approval of Modified TIF Plans. 2.01. This Council reaffirms the findings, with respect to the TIF Districts, contained in the resolutions approving the Original TIF Plans. 2.02. It is hereby found, determined and declared that it is in the best interests of the City to approve the Modified TIF Plans. Therefore, this Council hereby approves the Modified TIF Plans. The City Clerk is hereby authorized and directed to file the Modified TIF Plans with the Commissioner of Revenue and the State Auditor as required by Minnesota Statutes, Section 469.175, subdivision 4a. ADOPTED by the City Council of the City of Eden Prairie, Minnesota this 1st day of May, 2007. __________________________ Phil Young, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk -3- Exhibit A [mark Modified TIF Plans “Exhibit A” and attach] City of Eden Prairie, Minnesota Eden Prairie Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 12 (Columbine Road Housing Project) Original Plan Approved: February 6, 1996 Administrative Amendment Dated: April 17, 2007 (Draft) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101 (651)223-3000 Introduction The purpose of the Administrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing District No. 12 is to make a line-item adjustment to the Estimated Public Costs and Estimated Sources of Revenue. This amendment will not increase the overall size of the budget. The sections specifically being modified are Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original adoption, and may not reflect fully the financial ramifications of all the TIF and property tax system changes. TABLE OF CONTENTS Section Page(s) Section K Estimated Public Costs........................................................................................... 1 Section L Estimated Sources of Revenue............................................................................... 1 City of Eden Prairie, Minnesota SPRINGSTED Page 1 Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Original Budget February 6, 1996 Administrative Amendment April 17, 2007 Land/building acquisition $212,000 $352,612 Site improvements/preparation costs 67,600 111,940 Installation of public utilities 57,900 95,150 Parking Facilities 0 0 Bond interest payments 0 0 Loan principal payments 0 0 Loan/note interest payments 246,959 0 Administrative expenses 37,500 36,886 Capitalized interest 0 0 Other (eligible TIF pooling activities) 0 25,371 Subtotal $621,959 $621,959 Transfers out 0 0 Total $621,959 $621,959 The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as- you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K of original TIF Plan). Reimbursement may include accrued interest, but in no event will the total reimbursement exceed the total estimated public costs plus accrued interest. Original Budget August 5, 1997 Administrative Amendment April 17, 2007 Tax increment revenue $621,959 $571,959 Interest on invested funds 0 50,000 Bond proceeds 0 0 Loan proceeds 0 0 Real estate sales 0 0 Special assessments 0 0 Rent/lease revenue 0 0 Other 0 0 Subtotal $621,959 $621,959 Transfers in 0 0 Total $621,959 $621,959 The Authority reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. City of Eden Prairie, Minnesota Eden Prairie Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing (Housing) District No. 14 (Edenvale Townhome Project) Original Plan Approved: August 5, 1997 Administrative Amendment Dated: April 17, 2007 (Draft) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101 (651) 223-3000 Introduction The purpose of the Administrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing District No. 14 is to make a line-item adjustment to the Estimated Public Costs and Estimated Sources of Revenue. This amendment will not increase the overall size of the budget. The sections specifically being modified are Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original adoption, and may not reflect fully the financial ramifications of all the TIF and property tax system changes. TABLE OF CONTENTS Section Page(s) Section K Estimated Public Costs........................................................................................... 1 Section L Estimated Sources of Revenue............................................................................... 1 City of Eden Prairie, Minnesota SPRINGSTED Page 1 Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Original Budget August 5, 1997 Administrative Amendment April 17, 2007 Land/building acquisition $330,000 $380,000 Site improvements/preparation costs 50,000 50,000 Installation of public utilities 50,000 0 Parking Facilities 0 0 Bond interest payments 0 0 Loan principal payments 0 0 Loan/note interest payments 0 0 Administrative expenses 50,000 25,000 Capitalized interest 20,000 0 Other (eligible TIF pooling activities) 0 45,000 Subtotal $500,000 $500,000 Transfers out 0 0 Total $500,000 $500,000 The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as- you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K of original TIF Plan). Original Budget August 5, 1997 Administrative Amendment April 17, 2007 Tax increment revenue $500,000 $450,000 Interest on invested funds 0 50,000 Bond proceeds 0 0 Loan proceeds 0 0 Real estate sales 0 0 Special assessments 0 0 Rent/lease revenue 0 0 Grants 0 0 Other 0 0 Subtotal $500,000 $500,000 Transfers in 0 0 Total $500,000 $500,000 The Authority reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. City of Eden Prairie, Minnesota Eden Prairie Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 15 (Eden Shores Senior Housing Campus) Original Plan Adopted: July 20, 1999 Administrative Amendment Dated: April 17, 2007 (Draft) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101 (651)223-3000 Introduction The purpose of the Administrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing District No. 15 is to make a line-item adjustment to the Estimated Public Costs and Estimated Sources of Revenue. This amendment will not increase the overall size of the budget. The sections specifically being modified are Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original adoption, and may not reflect fully the financial ramifications of all the TIF and property tax system changes. TABLE OF CONTENTS Section Page(s) Section K Estimated Public Costs........................................................................................... 1 Section L Estimated Sources of Revenue............................................................................... 1 City of Eden Prairie, Minnesota SPRINGSTED Page 1 Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Original Budget July 20, 1999 Administrative Amendment April 17, 2007 Land/building acquisition $3,627,689 $3,652,495 Site improvements/preparation costs 997,311 1,030,191 Installation of public utilities 0 0 Parking Facilities 0 0 Bond interest payments 0 0 Loan principal payments 0 0 Loan/note interest payments 0 0 Administrative expenses 462,500 47,620 Capitalized interest 0 0 Other (eligible TIF pooling activities) 0 357,194 Subtotal $5,087,500 $5,087,500 Transfers out 0 0 Total $5,087,500 $5,087,500 The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as- you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K). Original Budget March 20, 2001 Administrative Amendment April 17, 2007 Tax increment revenue $5,087,500 $5,037,500 Interest on invested funds 0 50,000 Bond proceeds 0 0 Loan proceeds 0 0 Real estate sales 0 0 Special assessments 0 0 Rent/lease revenue 0 0 Grants 0 0 Other 0 0 Subtotal $5,087,500 $5,087,500 Transfers in 0 0 Total $5,087,500 $5,087,500 The Authority reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. City of Eden Prairie, Minnesota Eden Prairie Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 16 (Lincoln Parc Apartments Project) Original Plan Adopted: July 20, 1999 Administrative Amendment Dated: April 17, 2007 (Draft) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651) 223-3000 Introduction The purpose of the Administrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing District No. 16 is to make a line-item adjustment to the Estimated Public Costs and Estimated Sources of Revenue. This amendment will not increase the overall size of the budget. The sections specifically being modified are Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original adoption, and may not reflect fully the financial ramifications of all the TIF and property tax system changes. - ii - TABLE OF CONTENTS Section Page Section K Estimated Public Costs........................................................................................................................ 1 Section L Estimated Sources of Revenue............................................................................................................ 1 City of Eden Prairie, Minnesota SPRINGSTED Page 1 Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Original Budget July 20, 1999 Administrative Amendment April 17, 2007 Land/building acquisition $2,928,568 $2,695,725 Site improvements/preparation costs 2,313,932 2,129,962 Installation of public utilities 0 0 Parking Facilities 0 0 Bond interest payments 0 0 Loan principal payments 0 0 Loan/note interest payments 0 0 Administrative expenses 524,250 75,773 Capitalized interest 0 0 Other (eligible TIF pooling activities) 0 865,290 Subtotal $5,766,750 $5,766,750 Transfers out 0 0 Total $5,766,750 $5,766,750 The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as- you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K). Original Budget March 20, 2001 Administrative Amendment April 17, 2007 Tax increment revenue $5,766,750 $5,716,750 Interest on invested funds 0 50,000 Bond proceeds 0 0 Loan proceeds 0 0 Real estate sales 0 0 Special assessments 0 0 Rent/lease revenue 0 0 Grants 0 0 Other 0 0 Subtotal $5,766,750 $5,766,750 Transfers in 0 0 Total $5,766,750 $5,766,750 The Authority reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. City of Eden Prairie, Minnesota Eden Prairie Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 17 (Rolling Hills Senior Housing Campus) Approved: March 20, 2001 Administrative Amendment Dated: April 17, 2007 (Draft) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101 (651) 223-3000 Introduction The purpose of the Administrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing District No. 17 is to make a line-item adjustment to the Estimated Public Costs and Estimated Sources of Revenue. This amendment will not increase the overall size of the budget. The sections specifically being modified are Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original adoption, and may not reflect fully the financial ramifications of all the TIF and property tax system changes. TABLE OF CONTENTS Section Page Section K Estimated Public Costs........................................................................................................................ 1 Section L Estimated Sources of Revenue............................................................................................................ 1 City of Eden Prairie, Minnesota SPRINGSTED Page 1 Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Original Budget March 20, 2001 Administrative Amendment April 17, 2007 Land/building acquisition $2,165,000 $2,048,920 Site improvements/preparation costs 540,000 512,230 Installation of public utilities 0 0 Parking Facilities 0 0 Bond interest payments 0 0 Loan principal payments 0 0 Loan/note interest payments 0 0 Administrative expenses 295,000 43,885 Capitalized interest 0 0 Other (eligible TIF pooling activities) 0 394,965 Subtotal $3,000,000 $3,000,000 Transfers out 0 0 Total $3,000,000 $3,000,000 The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as- you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K). Original Budget March 20, 2001 Administrative Amendment April 17, 2007 Tax increment revenue $2,942,833 $2,892,833 Interest on invested funds 0 50,000 Bond proceeds 0 0 Loan proceeds 0 0 Real estate sales 0 0 Special assessments 0 0 Rent/lease revenue 0 0 Grants 0 0 Other 0 0 Subtotal $2,942,833 $2,942,833 Transfers in 0 0 Total $2,942,833 $2,942,833 The Authority reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. City of Eden Prairie, Minnesota Eden Prairie Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing (Housing) District No. 18 (The Heights at Valley View Apartment Project) Original Plan Adopted: April 16, 2002 Administrative Amendment Dated: April 17, 2007 (Draft) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101 (651) 223-3000 WWW.SPRINGSTED.COM Introduction The purpose of the Administrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing District No. 18 is to make a line-item adjustment to the Estimated Public Costs and Estimated Sources of Revenue. This amendment will not increase the overall size of the budget. The sections specifically being modified are Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original adoption, and may not reflect fully the financial ramifications of all the TIF and property tax system changes. TABLE OF CONTENTS Section Page Section K Estimated Public Costs........................................................................................................................ 1 Section L Estimated Sources of Revenue............................................................................................................ 1 City of Eden Prairie, Minnesota SPRINGSTED Page 1 Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Original Budget April 16, 2002 Administrative Amendment April 17, 2007 Land/building acquisition $2,456,000 $2,455,705 Site improvements/preparation costs 891,000 886,783 Installation of public utilities 65,000 68,214 Parking Facilities 0 0 Bond interest payments 0 0 Loan principal payments 0 0 Loan/note interest payments 0 0 Administrative expenses 50,000 25,000 Capitalized interest 0 0 Other (eligible TIF pooling activities) 853,000 879,298 Subtotal $4,315,000 $4,315,000 Transfers out 0 0 Total $4,315,000 $4,315,000 The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The City anticipates providing financial assistance to the proposed development through the use of a pay-as-you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K). Original Budget April 16, 2002 Administrative Amendment April 17, 2007 Tax increment revenue $4,265,000 $4,265,000 Interest on invested funds 50,000 50,000 Bond proceeds 0 0 Loan proceeds 0 0 Real estate sales 0 0 Special assessments 0 0 Rent/lease revenue 0 0 Grants 0 0 Other 0 0 Subtotal $4,315,000 $4,315,000 Transfers in 0 0 Total $4,315,000 $4,315,000 The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: May 1, 2007 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 162703 - 163098 Wire Transfers 2668- 2671 Attachments Wire payment #2668 – 2671 US Bank Purchasing Card list City of Eden Prairie Council Check Summary 5/1/2007 Division Amount General 336 100 City Manager 1,130 101 Legislative 549 102 Legal Counsel -400 104 Contingency 729 110 City Clerk 745 111 Customer Service 4,904 112 Human Resources 80 113 Communication Services 6,027 114 Benefits & Training 500 116 Facilities 64,656 117 City Center 57,806 130 Assessing 448 131 Finance 673 132 Social Services 9,502 133 Planning -200 135 Information Technology 9,925 136 Public Safety Communications 84,320 137 Economic Development 40 150 Park Administration 1,055 151 Park Maintenance 13,719 153 Organized Athletics 1,616 154 Community Center 834 156 Youth Programs 1,631 158 Adult Recreation 586 159 Recreation Administration 11,922 160 Therapeutic Recreation 35 162 Arts 261 163 Outdoor Center 4,143 180 Police 62,068 184 Fire 17,549 185 Animal Control 298 200 Engineering 879 201 Street Maintenance 14,688 202 Street Lighting 2,833 203 Fleet Services 17,886 204 Equipment Revolving 1,012 301 CDBG 2,574 303 Cemetary Operation 17 304 Senior Board 90 308 E-911 1,524 314 Liquor Compliance 8,648 502 Park Development 124,594 503 Utility Improvement 8,675 506 Improvment Bonds 1996 1,021 511 Construction Fund 24,129 515 Fire Station #4 5,980 519 Community Center Referendum 125,273 522 Improvement Projects 2006 4,189 601 Prairie Village Liquor 115,820 602 Den Road Liquor 161,064 603 Prairie View Liquor 85,082 605 Den Road Building 38,890 701 Water Fund 110,626 702 Sewer Fund 228,680 703 Storm Drainage Fund 19,026 802 494 Commuter Services 19,585 803 Escrow Fund 3,900 806 SAC Agency Fund 26,800 807 Benefits Fund 178,727 *** U S Bank 29,610 Report Totals 1,719,312 City of Eden Prairie Council Check Register 5/1/2007 Check # Amount Vendor / Explanation Account Description Business Unit 2671 29,610 US BANK 162705 340 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 162706 3,256 A-SCAPE INC Contract Svcs - Snow Removal Den Bldg. - CAM 162707 82 ABLE HOSE & RUBBER INC Equipment Parts Water Treatment Plant 162708 814 ALTERNATIVE BUSINESS FURNITURE Capital Under $2,000 Furniture 162709 142 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Den Road Liquor Store 162710 100 ANDERSON, FRANSISKA Refunds Environmental Education 162711 1,065 ASPEN EQUIPMENT CO. Equipment Repair & Maint Fleet Services 162712 45 BACH, DAVID AR Utility Water Enterprise Fund 162713 2,690 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 162714 8,053 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 162715 160 BERRY COFFEE COMPANY Equipment Repair & Maint Fleet Services 162716 290 BOLD, PAULINE Instructor Service Outdoor Center 162717 158 BOYER TRUCKS Equipment Parts Fleet Services 162718 25 BREDOW, VERNETT Program Fee Trips 162719 315 BROWN TRAFFIC PRODUCTS Equipment Repair & Maint Traffic Signals 162720 100 CAMERON, MICHAEL Refunds Environmental Education 162721 80 CAMPOS, LORI Instructor Service Outdoor Center 162722 5,685 CARDIAC SCIENCE CORPORATION Operating Supplies Fire 162723 104 CARLSON-BANCROFT, SALLY General 494 Corridor Commission 162724 62 COMCAST General 494 Corridor Commission 162725 3,976 COMCAST Building Fire Station #4 162726 2,185 COMMUNITY ACTION PARTNERSHIP Refunds CDBG - Public Service 162727 140 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 162728 120 COORDINATED BUSINESS SYSTEMS L General 494 Corridor Commission 162729 561 CORPORATE EXPRESS Office Supplies General 162730 259 CUMMINGS, KIM Travel Expense Fire 162731 4,623 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 162732 10,173 DAY DISTRIBUTING Beer Prairie Village Liquor Store 162733 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 162734 205,112 DELANO ERICKSON ARCHITECTS Building Park Acquisition & Development 162735 130 DIERCKS, KATE General 494 Corridor Commission 162736 70 DITCH WITCH OF MINNESOTA INC Equipment Repair & Maint Traffic Signals 162737 330 DOHERTY, SANDRA L Other Contracted Services Volleyball 162738 4,485 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 162739 175 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Assessing 162740 369 EF JOHNSON Equipment Repair & Maint Wireless Communication 162741 75 EGGERT, JEFFREY P Employment Support Test Fire 162742 2,872 ELLINGSON DRAINAGE Improvement Contracts Park Acquisition & Development 162743 8,648 ENFORCEMENT TECHNOLOGY GROUP I Other Assets Liquor Compliance 162744 655 ENGINEERED ICE SYSTEMS Contract Svcs - Ice Rink Ice Arena Maintenance 162745 41 ESTLOW, CAITLIN Mileage & Parking Softball 162746 44 EXCEL CONSTRUCTION Cash Over/Short General Fund 162747 215 EXECUTIVE OCEAN Employee Award Internal Events 162748 96 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 162749 220 FALCK, TIMOTHY R Other Contracted Services Volleyball 162750 70 FEDEX Postage Police 162751 79 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 162752 11 FIRESIDE HEARTH & HOME Cash Over/Short General Fund 162753 1,322 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Services 162754 383 FSH COMMUNICATIONS LLC Telephone Miller Park 162755 1,114 GE CAPITAL Office Supplies General 162756 17 GENZ RYAN PLUMBING & HEATING Cash Over/Short General Fund 162757 394 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 162758 77 GRAFIX SHOPPE Equipment Repair & Maint Fleet Services 162759 792 GRAINGER Supplies - General Bldg Community Center Maintenance 162760 1,159 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 162761 17,596 GRIGGS COOPER & CO Wine Domestic Prairie Village Liquor Store 162762 30 HANCE ACE HARDWARE Equipment Parts Fleet Services 162763 216 HAYEN, LINDA Operating Supplies Winter Theatre 162764 6,110 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing, Trans, & Human Serv 162765 176 HENRY, PAUL Other Contracted Services Volleyball 162766 1,092 HOHENSTEINS INC Beer Prairie Village Liquor Store 162767 352 HOLMES, TOM Other Contracted Services Volleyball 162768 11,922 HOUSE OF PRINT Printing Community Brochure Check # Amount Vendor / Explanation Account Description Business Unit 162769 171 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 162770 545 IIMC Conference Expense City Clerk 162772 20 INTERNET EXPOSURE General 494 Corridor Commission 162773 535 J J KELLER & ASSOCIATES INC Dues & Subscriptions Utility Operations - General 162774 1,123 JANEX INC Supplies - General Bldg Fire Station #4 162775 102 JENSEN, DON Tuition Reimbursement/School Fire 162776 10,302 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 162777 28,342 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 162778 250 KARLSSON, MARY A Other Contracted Services Organizational Services 162779 10 KEEPERS Clothing & Uniforms Reserves 162780 252 L & S HOSPITALITY AND DIRECTOR Advertising Prairie View Liquor Store 162781 830 LAB SAFETY SUPPLY INC Cleaning Supplies Community Center Maintenance 162782 150 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Services 162783 876 LANO EQUIPMENT INC Equipment Parts Fleet Services 162784 6,436 M R SIGN Signs Traffic Signs 162785 173 M. AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 162786 25 MACTA Conference Expense Economic Development 162787 213 MADISON, MELISSA General 494 Corridor Commission 162788 10,264 MARK VII Beer Prairie View Liquor Store 162789 420 MENARDS Building Materials Street Maintenance 162790 100 METROPOLITAN FORD Equipment Repair & Maint Fleet Services 162791 197 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 162792 964 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 162793 22 MILES, SHARON Program Fee Red Hat 162794 16,746 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 162795 170 MINNESOTA ATHLETIC Operating Supplies Fire 162796 119 MINNESOTA CONWAY Operating Supplies Fire 162797 20 MINNESOTA DEPT OF LABOR AND IN Licenses & Taxes Water Treatment Plant 162798 174 MINNESOTA PIPE AND EQUIPMENT* Repair & Maint. Supplies Water Metering 162799 973 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 162800 243 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 162801 186 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Services 162802 80 MN PRIMA Conference Expense Human Resources 162803 100 MOLDENHAUER, RON Refunds Environmental Education 162804 889 MTI DISTRIBUTING INC Equipment Parts Fleet Services 162805 848 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 162806 10 NEWPAPER LLC Operating Supplies Internal Events 162807 100 NOLAN, MARLENE Refunds Environmental Education 162808 250 NORTHERN STAR COUNCIL Conference Expense Organizational Services 162809 100 NYMARK, PAUL E Refunds Environmental Education 162810 771 OAKLAND MARRIOTT -CITY CENTER Travel Expense Fire 162811 7,077 PAUSTIS & SONS COMPANY Wine Domestic Prairie Village Liquor Store 162812 527 PENN CYCLE General Bicycle Program 162813 164 PEPSI COLA COMPANY Merchandise for Resale Concessions 162814 15,755 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 162815 469 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Water Treatment Plant 162816 266 PRAIRIE OFFSET PRINTING Printing Street Maintenance 162817 1,412 PRECISION FINISHING Signs Traffic Signs 162818 782 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 162819 136 PRIORITY COURIER EXPERTS Equipment Repair & Maint Fleet Services 162820 217 PROP United Way Withheld General Fund 162821 141 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 162822 17,181 QUALITY WINE & SPIRITS CO Wine Domestic Den Road Liquor Store 162823 3,035 QWEST Telephone Fire Station #4 162824 70 R & R SPECIALTIES OF WISCONSIN Supplies - General Bldg Ice Arena Maintenance 162825 263 REED BUSINESS INFORMATION Legal Notices Publishing Construction Fund 162826 1,200 ROTH, ANDREW J. Instructor Service Outdoor Center 162827 53 SCHAITBERGER, CHUCK Operating Supplies Fire 162828 120 SCHUCK, SCOTT AR Utility Water Enterprise Fund 162829 217 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie View Liquor Store 162830 29,076 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Construction Fund 162831 154 SIEBERT, CHARLES Operating Supplies Internal Events 162832 21 SNAP-ON TOOLS Small Tools Fleet Services 162833 145 SONNY'S BUILDING MAINTENANCE Contract Svcs - Roof City Hall - CAM 162834 980 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire 162835 25 SOUTHWEST TRANSIT General 494 Corridor Commission 162836 1,717 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 162837 87 ST. LOUIS PARK, CITY OF Tuition Reimbursement/School Fire Check # Amount Vendor / Explanation Account Description Business Unit 162838 440 STITELER, SHARON Instructor Service Outdoor Center 162839 4,220 STREICHERS Capital Under $2,000 Police 162840 535 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Services 162841 462 SUBURBAN TIRE WHOLESALE INC Equipment Repair & Maint Fleet Services 162842 97 SUN NEWSPAPERS Legal Notices Publishing City Clerk 162843 41,884 SUNRAM CONSTRUCTION Improvements to Land Park Acquisition & Development 162844 100 SWANSON, LORI Refunds Environmental Education 162845 595 TCALMC Conference Expense Engineering 162846 127 THIELMAN, MARC Operating Supplies Police 162847 12,966 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 162848 1,340 TOTAL REGISTER Equipment Repair & Maint Prairie Village Liquor Store 162849 180 UNITED WAY United Way Withheld General Fund 162850 85 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 162851 44 UPS Postage Fire 162852 128 VERIZON WIRELESS General 494 Corridor Commission 162853 1,459 VERSACART SYSTEMS Operating Supplies Den Road Liquor Store 162854 82,319 VIDEOTRONIX INC Equipment Repair & Maint Wireless Communication 162855 268 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 162856 5,970 WALL TRENDS INC Contract Svcs - Gen. Bldg City Center Operations 162857 889 WELLS FARGO BANK General 494 Corridor Commission 162858 1,725 WINE COMPANY, THE Wine Domestic Den Road Liquor Store 162859 4,334 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 162860 773 WINE SOURCE INTERNATIONAL Liquor Den Road Liquor Store 162861 21 WOLF CAMERA Equipment Parts Water Treatment Plant 162862 306 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 162863 129,461 XCEL ENERGY Electric Water Treatment Plant 162864 6,705 YALE MECHANICAL INC Contract Svcs - HVAC Park Shelters 162866 231 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 162867 75 DAKOTA COUNTY TECHNICAL COLLEG Licenses & Taxes Fleet Services 162868 94 GORMAN, GARY AR Utility Water Enterprise Fund 162869 138 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 162870 163 MEYER, TODD AR Utility Water Enterprise Fund 162871 61 NEWPAPER LLC Operating Supplies Internal Events 162872 605 NRPA Dues & Subscriptions Parks Administration 162873 18 STATE OF MINNESOTA Operating Supplies Fleet Services 162876 350 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 162877 28 AMERICAN MESSAGING Pager & Cell Phone Water System Maintenance 162878 48 APPRAISAL INSTITUTE Dues & Subscriptions Assessing 162879 4,406 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station #4 162880 6,678 AWWA CUSTOMER SERVICE Dues & Subscriptions Utility Operations - General 162881 60 BOGREN, ANN Canine Supplies Police 162882 100 BOLD, PAULINE Instructor Service Outdoor Center 162883 80 CAMPOS, LORI Instructor Service Outdoor Center 162884 100 CHACKO, EAPEN Refunds Environmental Education 162885 74 COSTCO Operating Supplies Police 162886 297 CUB FOODS EDEN PRAIRIE Operating Supplies Police 162887 34 CULLIGAN-METRO Other Contracted Services Outdoor Center 162888 131 CUMMINGS, KIM Mileage & Parking Fire 162889 319 D'AMICO AND SONS Miscellaneous City Council 162890 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 162891 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 162892 400 FBINAA Tuition Reimbursement/School Police 162893 54 GENUINE PARTS COMPANY Equipment Parts Fleet Services 162894 40 HICKMAN, JON Instructor Service Outdoor Center 162895 395 IMPRIMUS FORENSIC SERVICES LLC Tuition Reimbursement/School Police 162896 130 MACA Tuition Reimbursement/School Police 162897 2,340 MINNESOTA BD OF PEACE OFFICER Dues & Subscriptions Police 162898 325 MN CHIEFS OF POLICE Tuition Reimbursement/School Police 162899 150 MN HTCIA Tuition Reimbursement/School Police 162900 135 QWEST Telephone Water Distribution 162901 500 REDWOOD COUNTY SHERIFF'S DEPAR Deposits Escrow 162902 100 RICE COUNTY K-9 FUND Tuition Reimbursement/School Police 162903 40 SECRETARY OF STATE Dues & Subscriptions Police 162904 56 UPS Equipment Repair & Maint Water Metering 162905 62 VERIZON WIRELESS Pager & Cell Phone Police 162906 36 W GORDON SMITH COMPANY, THE Motor Fuels Fleet Services 162907 40,160 XCEL ENERGY Electric Traffic Signals 162908 691 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager Check # Amount Vendor / Explanation Account Description Business Unit 162909 29 RICHFIELD, CITY OF Operating Supplies Fleet Services 162910 35 UNIVERSITY OF MINNESOTA Conference Expense Engineering 162911 3,071 US POSTMASTER Postage Fire 162912 539 US POSTMASTER - HOPKINS Postage Senior Center Administration 162913 3,393 IND SCHOOL DIST 272 Other Contracted Services Housing, Trans, & Human Serv 162914 1,384 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 162915 75 A TO Z RENTAL CENTER Operating Supplies Preschool Events 162916 560 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 162917 297 AFFILIATED EMERGENCY VETERINAR Canine Supplies Police 162918 20 AIR MECHANICAL Cash Over/Short General Fund 162919 679 AIR POWER EQUIPMENT CORPORATIO Contract Svcs - Fire/Life/Safe Fire Station #3 162920 65 AMERICAN WATER WORKS ASSOCIATI Dues & Subscriptions Utility Operations - General 162921 132 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie View Liquor Store 162922 348 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 162923 727 ANCHOR PRINTING COMPANY Other Contracted Services City Manager 162924 155 ARNDT, GARY AR Utility Water Enterprise Fund 162925 62 ASSOCIATED BAG COMPANY Operating Supplies Police 162926 609 AUTOMATED ENTRANCE PRODUCTS IN Building Repair & Maint. Den Road Liquor Store 162927 309 AVI SYSTEMS INC Video & Photo Supplies Communication Services 162928 1,316 BECKER ARENA PRODUCTS INC Supplies - General Bldg Ice Arena Maintenance 162929 5,940 BELLBOY CORPORATION Wine Domestic Prairie View Liquor Store 162930 106 BERTELSON OFFICE PLUS Operating Supplies Utility Operations - General 162931 1,492 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - Security Community Center Maintenance 162932 7,900 BLUE WATER SCIENCE Other Contracted Services Storm Drainage 162933 814 BOYER TRUCKS Equipment Parts Fleet Services 162934 324 BROADWAY AWARDS Operating Supplies Reserves 162935 150 BUTCHER, SHERRY Miscellaneous City Council 162936 2,680 CARUS PHOSPHATES INC Treatment Chemicals Water Treatment Plant 162937 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store 162938 44 CINGULAR WIRELESS Pager & Cell Phone Police 162939 2,669 CLAREYS INC Operating Supplies Utility Operations - General 162940 501 COLOR PRINTING Printing Police 162941 260 CONTROL STUFF INC. Process Control Services Water Treatment Plant 162942 2,418 CORPORATE EXPRESS Office Supplies General 162943 1,533 CRUISERS Capital Under $2,000 Fleet Services 162944 36 CUMMINGS, KIM Travel Expense Fire 162945 442 CUSTOM HOSE TECH Equipment Parts Water Treatment Plant 162946 6,706 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 162947 8,337 DAY DISTRIBUTING Beer Prairie View Liquor Store 162948 223 DEALER AUTOMOTIVE SERVICES INC Equipment Repair & Maint Fleet Services 162949 9,247 DELL Computers Fire Station #4 162950 856 DISPLAY SALES Supplies - General Building City Center Operations 162951 461 DITCH WITCH OF MINNESOTA INC Equipment Parts Fleet Services 162952 45 DRAMATIC PUBLISHING Other Contracted Services Arts Initiative 162953 1,360 DYNA SYSTEMS Repair & Maint. Supplies Water System Maintenance 162954 4,724 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 162955 90 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 162956 2,620 EMPLOYERS ASSOCIATION INC Instructor Service Water Treatment Plant 162957 25 EMS REGULATORY BOARD Miscellaneous City Manager 162958 347 ESPRESSO MIDWEST INC Supplies - General Bldg Public Works/Parks 162959 10,004 ESS BROTHERS & SONS INC Repair & Maint. Supplies Storm Drainage 162960 900 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 162961 86 FIRE FINDINGS Dues & Subscriptions Police 162962 281 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 162963 270 FORESTEDGE WINERY Wine Domestic Prairie Village Liquor Store 162964 2,169 FORESTRY SUPPLIERS INC. Safety Supplies Park Maintenance 162965 318 FORKLIFTS OF MINNESOTA INC Equipment Repair & Maint Water Treatment Plant 162966 676 G & K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Utility Operations - General 162967 2,077 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Preschool Events 162968 62 GARELICK STEEL CO INC Operating Supplies Traffic Signals 162969 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 162971 1,154 GENUINE PARTS COMPANY Equipment Parts Fleet Services 162972 113 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance 162973 208 GLEWWE DOORS INC Equipment Parts Water Treatment Plant 162974 89 GOLDEN VALLEY HEATING & AIR Cash Over/Short General Fund 162975 25 GOOGLE INC Other Contracted Services Police 162976 192 GOT SWAT GEAR.COM INC Clothing & Uniforms Police 162977 729 GRAINGER Supplies - General Bldg Reserve Check # Amount Vendor / Explanation Account Description Business Unit 162978 1,314 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 162979 185 GREAT AMERICAN BUSINESS PRODUC Operating Supplies Community Center Admin 162980 35,968 GREYSTONE CONSTRUCTION COMPANY Building Den Road Building 162981 15,267 GRIGGS COOPER & CO Liquor Den Road Liquor Store 162982 450 GUARANTY TITLE INC Land Planning & Development 162983 31 H P PIPEWORKS Cash Over/Short General Fund 162984 3,720 HAWKINS INC Treatment Chemicals Water Treatment Plant 162985 747 HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Water System Maintenance 162986 178,727 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 162987 4,364 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 162988 2,180 HENNEPIN COUNTY TREASURER Board of Prisoner Police 162989 88 HENRY, PAUL Other Contracted Services Volleyball 162990 35 HOCHREIN, PAMELA Program Fee Water Games 162991 37 HUDSON MAP COMPANY Operating Supplies Police 162992 1,936 HYDROLOGIC Repair & Maint. Supplies Park Maintenance 162993 227 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 162994 55 IMAGETECH SERVICES Operating Supplies Park Maintenance 162995 1,906 IND SCHOOL DIST 272 Transportation Special Events & Trips 162996 422 INNOVATIVE GRAPHICS Clothing & Uniforms Police 162997 102 INSIGHT PUBLIC SECTOR Small Tools Assessing 162998 181 INTOXIMETERS Equipment Repair & Maint Police 162999 542 ISD #273 EDINA PUBLIC SCHOOLS General 494 Corridor Commission 163000 53 JANEX INC Cleaning Supplies Utility Operations - General 163001 12,453 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 163002 141 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 163005 37,837 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 163006 35 JOHNSON, TOM Program Fee Outdoor Center 163007 675 KEEPERS Clothing & Uniforms Police 163008 115 KEMPSTON, LISA Program Fee Camps 163009 100 KENSICKI, BRIAN Refunds Environmental Education 163010 139 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 163011 1,492 LAB SAFETY SUPPLY INC Operating Supplies Utility Operations - General 163012 8 LAMB, ELLISE Program Fee Outdoor Center 163013 2,603 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Services 163014 473 LANZI, BOB Mileage & Parking Ice Arena 163015 1,928 LAVAN FLOOR COVERING Supplies - General Building City Center Operations 163016 1,093 LAZNIARZ, HENRY Deposits Escrow 163017 85 LEROY JOB TRUCKING INC Kennel Services Animal Control 163018 214 LESCO INC Chemicals Park Maintenance 163019 218 LOFFLER COMPANIES INC Other Contracted Services Police 163020 156 M. AMUNDSON LLP Operating Supplies Den Road Liquor Store 163021 8,675 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 163022 13,289 MARK VII Beer Prairie View Liquor Store 163023 802 MAROTTA, VIC Instructor Service Winter Skill Development 163024 151 MCCORMICK, CHARLES AR Utility Water Enterprise Fund 163025 100 MCCORMICK, MICHAEL Refunds Environmental Education 163026 2,059 MENARDS Operating Supplies Park Maintenance 163027 186 METALS JOINING LAB CO INC Operating Supplies Utility Operations - General 163028 19,652 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 163029 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility - General 163030 439 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 163031 3,129 MIDWEST DESIGN CO Other Contracted Services Communication Services 163032 934 MINNESOTA ATHLETIC Miscellaneous Police 163033 160 MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police 163034 132 MINNESOTA CITY/COUNTY MANAGEME Dues & Subscriptions City Manager 163035 231 MINNESOTA GLOVE INC Safety Supplies Fleet Services 163036 825 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water Metering 163037 186 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Services 163038 924 MTI DISTRIBUTING INC Equipment Parts Fleet Services 163039 36 NATIONAL GEOGRAPHIC SOCIETY Dues & Subscriptions Communication Services 163040 1,155 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 163041 277 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 163042 345 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Den Road Liquor Store 163043 37 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire 163044 90 PAPER DIRECT INC Operating Supplies Senior Board 163045 5,074 PARK NICOLLET CLINIC Safety Supplies Fire 163046 5,926 PAUSTIS & SONS COMPANY Wine Imported Prairie View Liquor Store 163047 382 PC MALL Other Hardware Information Technology Check # Amount Vendor / Explanation Account Description Business Unit 163048 78 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 163049 100 PETERSON, TROY Refunds Environmental Education 163050 138 PETSMART Canine Supplies Police 163051 16,713 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 163052 104 PIONEER RIM & WHEEL CO Equipment Parts Fleet Services 163053 76 POMP'S TIRE SERVICE INC Equipment Repair & Maint Fleet Services 163054 4,002 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Center Operations 163055 8,958 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 163056 7,684 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 163057 764 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 163058 44 PRIORITY COURIER EXPERTS Equipment Repair & Maint Fleet Services 163059 3,272 PROFESSIONAL FOODSERVICE Miscellaneous Police 163060 319 PUBLIC SAFETY TRAINING CONSULT Tuition Reimbursement/School Police 163061 39 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 163062 20,144 QUALITY WINE & SPIRITS CO Liquor Den Road Liquor Store 163063 335 R A DORAN & ASSOCIATES Tuition Reimbursement/School Police 163064 345 RCM & ASSOCIATES Capital Under $2,000 Assessing 163065 96 REED BUSINESS INFORMATION Legal Notices Publishing Engineering 163066 100 RINGSMUTH, DAVID Refunds Environmental Education 163067 100 ROREM, STEVEN Refunds Environmental Education 163068 131 SHRED-IT Waste Disposal City Center Operations 163069 2,210 SIGNSOURCE Other Contracted Services Communication Services 163070 199 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store 163071 174 ST. LOUIS PARK, CITY OF Tuition Reimbursement/School Police 163072 45 STATE SUPPLY COMPANY Supplies - Plumbing City Hall - CAM 163073 100 STOCKHAM, MARIA Refunds Environmental Education 163074 5,893 STREICHERS Protective Clothing Reserves 163075 10 SUBURBAN CHEVROLET Equipment Parts Fleet Services 163076 642 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 163077 104 SUN NEWSPAPERS Legal Notices Publishing City Clerk 163078 62 SZECSI, GABRIELLA Program Fee Camps 163079 55 TERMINAL SUPPLY CO Equipment Parts Fleet Services 163080 310 TESSMAN SEED CO Chemicals Park Maintenance 163081 22,362 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 163082 714 TLC CAFE & CATERING Tuition Reimbursement/School Police 163083 288 TRI STATE PUMP & CONTROL Contract Svcs - Plumbing City Hall - CAM 163084 666 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 163085 32,772 UNIFORMS UNLIMITED Clothing & Uniforms Police 163086 194 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance 163087 4,004 VALLEY RICH CO INC Other Contracted Services Water System Maintenance 163088 68 VERIZON WIRELESS Software and Hardware Information Technology 163089 327 VINOCOPIA Liquor Prairie View Liquor Store 163090 298 VSA INC Video & Photo Supplies Communication Services 163091 195 WALSER CHRYSLER JEEP Equipment Repair & Maint Fleet Services 163092 1,044 WINE COMPANY, THE Wine Imported Prairie Village Liquor Store 163093 2,310 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 163094 3,087 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 163095 20 YAHOO! Other Contracted Services Police 163096 9,017 YALE MECHANICAL INC Contract Svcs - HVAC Den Bldg. - CAM 163097 985 ZIEGLER INC Contract Svcs - General Bldg Public Works/Parks 163098 10 ZURN, REVONDA Program Fee Outdoor Center 1,719,312 Grand Total US Bank Purchasing Cards Wire # 2668 - 2671 Payment Date 4/20/2007 Amount Supplier Account Description Business Unit 10 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 415 HILTON HOTELS Tuition Reimbursement/School Police 60 SAFE KIDS WORLDWIDE Tuition Reimbursement/School Police 66 A QUICK DELIVRTY Postage Communication Services 8 WALMART COMMUNITY Video & Photo Supplies Communication Services 17 FEDEX KINKO'S OFFICE AND PRINT Miscellaneous Fire Station #1 725 NATIONAL CAMERA EXCHANGE & VID Video & Photo Supplies Communication Services 15 WALMART COMMUNITY Miscellaneous Fire Station #1 80 1ST INFORMATION GUIDE OF LAS V Printing Prairie Village Liquor Store 80 1ST INFORMATION GUIDE OF LAS V Printing Den Road Liquor Store 80 1ST INFORMATION GUIDE OF LAS V Printing Prairie View Liquor Store 105 NATIONAL LEAGUE OF CITIES Conference Expense City Council 14 NORTHWEST AIRLINES Travel Expense City Council 265 NORTHWEST AIRLINES Travel Expense City Council 96 TARGET Operating Supplies Girls on the Run 2,544 HOM FURNITURE Other Assets Fire Station #4 12 SWEETWATER GRIL Operating Supplies Fire 27 PASTRAMI JACK'S Operating Supplies Fire 113 THE ROBERTS COMPANY Operating Supplies Internal Events 13 SWEETWATER GRIL Operating Supplies Fire 376 EXPEDIA Travel Expense Fire 5 EXPEDIA Travel Expense Fire 9,765 ICON FITNESS Other Assets Fire 5,221 ICON FITNESS Other Assets Fire 80 KOWALSKI'S MARKET Operating Supplies Fire 10 OFFICE DEPOT CREDIT PLAN Training Supplies Organizational Services 6 ORBITZ Travel Expense Organizational Services 5 ORBITZ Travel Expense Organizational Services 190 MARRIOTT WATERFRONT HOTEL Travel Expense Organizational Services 190 MARRIOTT WATERFRONT HOTEL Travel Expense Organizational Services 190 MARRIOTT WATERFRONT HOTEL Travel Expense Organizational Services 199 ORBITZ Travel Expense Organizational Services 266 ORBITZ Travel Expense Organizational Services 110 DAVANNI'S PIZZA Training Supplies Sewer Utility - General 19 UNITED STATES POSTAL SERVICE Postage General 30 ORBITZ Travel Expense Organizational Services 40 ORBITZ Travel Expense Organizational Services 1,957 DEPT OF LABOR & INDUSTRY Building Surcharge General Fund 386 DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund 180 DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund -50 DEPT OF LABOR & INDUSTRY Other Revenue General Fund 1,104 CHANHASSEN DINNER THEATRE Special Event Fees Trips 100 D'AMICO AND SONS Other Contracted Services Community Brochure 102 D'AMICO AND SONS Operating Supplies Senior Center Operations 430 HISTORY THEATRE Special Event Fees Red Hat 275 INTERNATIONAL ASSOCIATION Conference Expense Communication Services 25 CHEVRON Deposits Escrow 17 HILTON HOTELS Deposits Escrow 32 MSP AIRPORT Deposits Escrow 102 DOLLAR RAC Deposits Escrow 357 HILTON HOTELS Deposits Escrow 59 GINA MARIAS INC Miscellaneous City Council 382 ORBITZ Travel Expense Fire 317 LEEANN CHIN Miscellaneous City Council 52 ORBITZ Travel Expense Fire 422 ORBITZ Travel Expense Fire 105 NATIONAL LEAGUE OF CITIES Travel Expense City Manager 28 OLD CHICAGO RESTAURANT Miscellaneous City Manager 73 MILIO'S SANDWICHES Miscellaneous City Council 10 MILIO'S SANDWICHES Miscellaneous City Council 7 TIGER TECHNOLOGIES Software Information Technology 125 ARMA INTERNATIONAL INC. Conference Expense City Clerk 128 I-SAFE Operating Supplies Police 128 I-SAFE Operating Supplies Police 96 MENARDS Capital Under $2,000 Outdoor Center 41 BEST BUY Recreation Supplies Youth Programs Administration 33 TICKETMASTER Special Event Fees Special Events & Trips 264 TICKETMASTER Special Event Fees Special Events & Trips 583 TICKETMASTER Special Event Fees Special Events & Trips 67 SCIENCE MUSEUM OF MINNESOTA Special Event Fees Teen Programs -13 SCIENCE MUSEUM OF MINNESOTA Special Event Fees Around Town 10 WALMART COMMUNITY Operating Supplies Therapeutic Rec Administration 179 TICKETMASTER Operating Supplies Around Town 54 PAYPAL INC Software Maintenance Information Technology 29,610 Report Total CITY COUNCIL AGENDA SECTION: Appointments DATE: May 1, 2007 DEPARTMENT/DIVISION: Scott Neal, City Manager ITEM DESCRIPTION: Appointments to the Community Technology Task Force ITEM NO.: XIII.A. Requested Action Move to appoint Scott Otis, Steve Sandness, Matt Thomas, Gary Hansen, Mike Schnapf, Kiran Mysore, Heather Peterson, Marc Soldner, Ron Woods, Jodi Russell, and Rich Miller to the Community Technology Task Force. Synopsis The Council recently approved forming a Community Technology Task Force to study issues related to broadband services in Eden Prairie. Our goal is to appoint up to 15 members that represent a broad cross- section of the community including residents, large and small businesses, the Chamber of Commerce, the School District, HTC, and Hennepin County Library. My recommendation is to appoint the following people that have committed to serving on the Task Force. Member Title Representing 1. Scott Otis VP of Service Management/Resident ADC Telecommunications 2. Steve Sandness President/Resident Agate Partners (home-based) 3. Matt Thomas General Manager Best Buy 4. Gary Hansen VP of Technology/Resident BI Inc. 5. Mike Schnapf Chief Information Officer Digital River 6. Kiran Mysore Manager of Enterprise Systems GE Fleet Services 7. Heather Peterson Technology Services Hennepin County Library 8. Marc Soldner Chief Information Officer/Resident Hennepin Technical College 9. Ron Woods Owner/Resident IT Phenom Inc. (home-based) 10. Jody Russell Owner/Resident Thunder Communication Design 11. Rich Muller Owner/Resident Micro Business Strategies (Chamber) Six other potential members have been contacted, but they have not yet committed. Recommendations for the remaining positions will be made at the May 15 Council meeting. CITY COUNCIL AGENDA SECTION: Reports of the Director of Public Works DATE: May 1, 2007 DEPARTMENT/DIVISION: Eugene A. Dietz Public Works ITEM DESCRIPTION: Hennepin Village Roadway Alternatives EAW ITEM NO.: XIV.E.1. Requested Action Move to: Adopt resolution finding that the Hennepin Village Roadway Alternatives EAW is determined to be accurate and complete and that there is a finding of no significant impact. Synopsis At its April 23 meeting, the Planning Commission voted 5-2 to advise the City Council that the EAW document is accurate and complete and that no further investigation of environmental impacts is needed. While there was debate about the relevancy of the studied alternatives, there was consensus that enough had been studied relating to the six alternatives to finalize the document. Staff recommends that the Council adopt the finding of no significant impact. Background Information The attached documents represent the record that was established at the April 23, 2007 Planning Commission meeting. Staff will make a presentation at the May 1 Council meeting to further explain information in the attachments. Attachments 1) Resolution 2) Excerpt from the unapproved Planning Commission minutes of April 23, 2007 3) Memorandum from Director of Public Works to Eden Planning Commission dated April 19, 2007 4) Map exhibit from Hennepin Village PUD Concept Approval Developers Agreement dated 2-19-02 5) Matrix prepared by Eapen Chacko summarizing EAW issues 6) EAW revision comment summary 7) EAW general comment summary 8) Comment letters HENNEPIN VILLAGE ROADWAY ALTERNATIVES EAW CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-____ A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE HENNEPIN VILLAGE ROADWAY ALTERNATIVES WORKSHEET DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the Planning Commission did hold a public hearing on the Environmental Assessment Worksheet for the Hennepin Village Roadway Alternatives on both March 12, 2007 and April 9, 2007, and did recommend approval of the Environmental Assessment Worksheet as accurate and complete, and that no further investigation of environmental impacts is needed; and WHEREAS, the City Council held a public hearing on the Environmental Assessment Worksheet for the Hennepin Village Roadway Alternatives on March 20, 2007; and WHEREAS, the Planning Commission passed a motion recommending to the City Council that the EAW was complete, accurate and did not require further environmental review; and WHEREAS, the City Council of Eden Prairie reviewed the Record of Decision on the Environmental Assessment Worksheet on May 1, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, that an Environmental Impact Statement is not necessary for the Hennepin Village Roadway Alternatives. ADOPTED by the City Council of the City of Eden Prairie this 1st day of May, 2007. ____________________ Phil Young, Mayor ATTEST: _______________________ Kathleen Porta, City Clerk (Excerpt From Unapproved Planning Commission Minutes, 4/23/07) VII. PLANNERS REPORTS A. Hennepin Village Roadway Alternatives EAW Determination of Accuracy and Completeness Stoltz asked the Commission Members if they felt the EAW was accurate and complete. Koenig stated she would still like more information on this project and did not feel the comments were complete. Dietz stated a lot of the comments were editorial in nature and that is why they appeared incomplete. Stovering said a lot of questions could not be adequately answered, so that is why they are being forwarded on to the City Council. MOTION by Rocheford, seconded by Schultz, to advise the City Council that the EAW document is accurate and complete, and that no further investigation of environmental impacts is needed. Pitzrick stated he views the EAW as irrelevant. Powell said this study will never be complete and there will always be issues in regards to the EAW and the six alternatives. Koenig stated she has lived on and off in Eden Prairie for 35 years and has felt the southwest area of Eden Prairie was suppose to be protected and now feels that is not happening. Seymour said the City is doing a very good of protecting that area and the EAW did a very good job of addressing the issues. Stoltz asked Rocheford to repeat his motion. Motion passed 5-2. B. Presentation of Hennepin Village Roadway Alternatives Stoltz asked the Commission Members for their decision on which alternative they would like to send to the City Council. Seymour commented he felt the City has been trying to do right to preserve the property since the project originated in 2001. Seymour stated he would pick Alternative 6 to send to the City Council. Powell said he cannot support Alternative 6 because of safety and traffic issues. He believes there are other alternatives that could be addressed. Such as having the City pay to have sprinklers put in all the homes in the area or work with MAC to find an access road. He stated as a last resort he would go with Alternative 5, but he will not support Alternative 6. Koenig concurred with what Powell stated. She believes there is too much environmentally at stake with Alternative 6 and she does not support any of the options. Schultz pointed out that Alternative 6 was originally the first alternative when this project started in 2001, and the City did come up with five additional alternatives His recommendation is for Alternative 6. He believes it is the best route for emergency use and best alternative for environmental impact. Pitzrick stated his biggest concern was the process this project has gone through. He pointed out that the City came up with five additional alternatives that did not resolve the problems associated with this project. He believes this entire process was distorted. Because he would like to preserve the uniqueness of Eden Prairie, he does not support any of the six alternatives. Rocheford stated he supports Alternative 6. Stoltz stated Alternative 6 is the best option. He commented that the City did a good job moving forward on this project. The overall results from the Planning Commission are as follows: 4 members in favor of Alternative 6 – Prospect Road 3 members opposed to Alternative 6 MEMORANDUM Date: April 19, 2007 To: Eden Prairie Planning Commission From: Eugene A. Dietz, P.E., Director of Public Works Subject: EAW Staff requests that the Planning Commission adopt a motion recommending to the City Council that “The Hennepin Village Roadways Alternatives – Discretionary EAW is Complete and Accurate”. The balance of this memorandum and attachments provides both background and basis for this conclusion in preparation for the 4/23/07 meeting. BACKGROUND and NEED FOR EAW First of all, it should be noted that this EAW was not a study to determine if the area/neighborhood surrounding Eden Prairie Road should be developed, or not. The decision to develop this area was actually made with the 1990 MUSA expansion and reaffirmed with Hennepin Village decisions in 2001 and with the finalization of the Guide Plan Update in 2002. The 160 acres that are generally adjacent to Eden Prairie Road, south of Riley Creek, has an apparent development capacity of approximately 400 units (335 if the modification to Hennepin Village at Oak Creek occurs—reducing units from approximately 180 to 90 units). Accommodating that number of units in this type of challenging environmental setting typically leads to density transfer options. The concept for Hennepin Village was a very significant planning event in our history. The project received unanimous PUD concept plan approval from both the Community Planning Board and the City Council on November 13 and November 20, 2001, respectively. A few of the significant elements of that plan approval are: • Developer’s Agreement dated February 19, 2002 provides for an East/West connection road (see attached map). • Although the staff report required that the entire roadway be completed with Hennepin Village Site A, the requirement was modified during the Council process. • The Agreement states that the roadway will be built in two segments –segment 1 with Site A and segment 2 with Site B (contingent upon Eden Prairie Road and utilities being available). • The past and future costs that will or have been incurred for infrastructure improvements to accommodate this development are on the order of $16 Million-- ranking these improvements as one of the top ten infrastructure projects in Eden Prairie history. • This PUD was a highly negotiated solution to a 250 acre project. It included over 70 acres of dedication that allowed the higher density clustered into the Sites of A, B and C and as an inducement to approve a project that has a number of environmental challenges. • The result was clearly a compromise. In return for the developer doing all that was included in the approved plan (including Prospect Road), the Planning Board and City Council granted approvals to develop this highly sensitive and remarkable piece of Eden Prairie. When the Planning Commission reviewed the Hennepin Village at Oak Creek project last summer, questions were raised during the hearing process concerning environmental impacts of constructing Prospect Road. One of the most serious questions raised that could not be answered by staff was the possible impact that this road project could have on Miller Spring. While there was no science indicating that there would be an impact, there was no expertise to counter the argument. The City Council needed additional information to make a decision to proceed. City Council authorized a Discretionary EAW at their October 3, 2006 Council meeting with the following intent: • The EAW process was selected as the format to review environmental impacts. It should not be confused with a mandatory EAW that requires a “do nothing alternative”. This was determined simply to be the best tool to understand and compare environmental issues. • Six alternatives were identified and directed for study. • Alternatives to Prospect Road were deliberately included to ensure that an urban solution emerged from the process. • During the preliminary review of the Hennepin Village PUD, staff had generally identified alternatives and rejected them in favor of the Prospect Road alignment as ultimately proposed by the developer. However, there was no formal record of that internal process. • It was critical that if Prospect Road were to be rejected by City Council that there be a full understanding of the impacts of other alternatives. This Discretionary EAW process was the vehicle to identify significant impacts to the Prospect Road alignment and if there were major impacts that could not be mitigated. If so, eliminating the Prospect Road alignment needed to be done in concert with a decision on how else to provide an urban solution for this final major growth area of the community. EAW Results Attached are the following documents: 1) Matrix of Prospect Road EAW summary: This Matrix was prepared by Eapen Chacko. Although he is the Chair of the Conservation Commission, this represents his personal work and has no particular status with the Commission. 2) EAW Revision Comments: Based on comments received, these are the revisions that are being directed to be made to the final document in order that it may be considered complete and accurate. 3) Comment Summary: At approximately 20 pages, this is a summary of all of the comments received both in writing and as testimony at public hearings. Some of these comments resulted in the revisions noted above, while other comments are provided answers and still others have been determined to be beyond the scope of the final EAW document, but are included and will be forwarded to City Council during the decision process for a roadway alternative. Comments that are strictly editorial/word-smithing in nature were not included. Leslie Stovring, Environmental Coordinator, will summarize these comments and corrections at the Planning Commission meeting and we will engage with the Commission in a discussion of the information. The Commission and Council have heard hours of testimony on this topic and the record is closed. Since this is not a public hearing at the Commission meeting on April 23, the Commission should confine its discussion among the Commission and staff. Finally, most of the debate at the Public Hearings has focused on a selection of a particular alternative. In order to complete our task, it will be important to separate the alternatives analysis from the completeness and accuracy of the EAW. The test for the EAW has to do with the environmental information that you have on each of the alternatives. Do you know on a macro level enough about the various alternatives to understand their comparative impacts? Staff believes that with the modifications made to the EAW as listed in the attachment, that we do have that information and that the determination for completeness and accuracy can be made and forwarded to the City Council. PROPOSED LAND USE PLAN i g2P_EACE4 51•5. PARK/ OPEN SPACES 85 . -151.1ALM PROPERTY ..n :;c-sto iikt Laps 49 a•• Ei S-Si"----2165-ite C Site B DVEL...,,..OPMENT DATA --i--61 fie. ' 11.5-aq 11-5,st. 42 unit, •--- 3.6 urilan Rtitio,17.0 un/ac) i'Asrars DeveL Auto tr_opelsed Unite cippi2•Nlyr Qgp24.__ 73.5 sc. 22 ac at. 20 ac. 50 ac. -338 units 184 units 127 units 45 an 9_11 (7.0 un/ac) 25 un/ac. 5.5 un-.....2,39 units .. 202 units • _ Site D Total Residential_ 1745 ac. - -t t 01 units- any J01-- - 1a - ._ . -- 4.0a_ Office i . 4.4 . --- -.-.. Lot3 .= 14494, Lig 4 - 132 . a ' -3•4,2 • 14.2 se. 17 pa_ik open Space '7: 5 - c(40"s &O j f ate area)----- ---- ----- -------7.----, Proposed Guide 12Ltn.....Q...mge -----,--,..1.•_-_,-----__ Noir All arsees ars 1-, found is neserst 1/2 or. 15.5 ac guided Office to proposed Medium Denlirtyltaildett . ." m9 ed —.-_.:--- • .69.3 se. • 23 un/9e. • 4.2 se. 41 7.0 unisc -.- •• 34.2 au • 7.0 ein/ae. (por City Guide Planl ..-.__. ,-14 tc FARE . 'MAC PROPERTY • • MAC PROPERTY 'E I I 9 Optional 5-7 at. Neighborhood Convenience Cbriter Bad Potential Historic Restoration Site n I , 44,-; 41144''' ROA- a 7 STANDAL PROPERTY 24.4 ac. +/- I opuRTY-1 r '61' BRDKuPW2gruN rKur7j1. j_••n:-/ .\t -)7,1 •.;:r/ Off ice ..Lot 6 • .14.5 be CITY OF EDEN num PARE - PARK/ • OPEN SPAQE; 11 ac. • HENNEPIN ILLAQE 123456NotesProject Magnitude9.35 acres 8.46 acres6.74 acres 6.15 acres 6.03 acres2.16 acresChange in Cover Types:Impervious Surfaces+1.37 acres +2.45 acres+0.66 acres+0.72 acres+1.12 acres +0.95 acresWooded Forest -3.42 acres-6.47 acres-4.79 acres -2.05 acres -3.18 acres0Brush/Woodland +2.49 acres +4.52 acres +4.33 acres +1.60 acres +2.56 acres -0.95 acresDry Prairie 0 0 0 -0.12 acres -0.50 acres 0Archaeological SitesYesAdjacentYesAdjacentFragmented Habitat/Yes Yes YesExtent not cited; mitigation not consideredBarrier to Migratory SpeciesHigh Biodiversity Site:Yes Yes YesSignificance and mitigation?Rhombic Petaled Evening PrimroseSurface Water Runoff:% incr imper area by trib watershed 1.4% 0.3%0.1%0.1%0.1%2.7%Riley-Purgatory-Bluff Creek Watershed% increase in runoff 0.058% 0.007%0.003%0.003%0.005%0.308%% increase in phosphorous load 2% 0.3%0.1%0.1%0.1%2.6%GeologyDepth to bedrock, range in feet 150-250 ft 150-200 ft 100-250 ft 100-250 ft200-300 ft100-200 ftDepth to water table, range in ft 10-20 ft 10-20 ft 10-20 ft 10-20 ft 10-20 ft0-20 ft"sensitive to groundwater pollution due to shallow depth of fracturedSteep Slope CrossingYes Yes Yes YesVisual Impact on BluffsYes Yes YesCumulative ImpactYes YesEAPEN CHACKOCodes: Red is a relatively or absolutely inferiorGreen is relatively betterPROSPECT ROAD EAW SUMMARY Page 1 of 5 Memorandum To: City Council From: Leslie A. Stovring, Environmental Coordinator Date: April 24, 2007 Re: Hennepin Village Roadway Alternatives – Discretionary EAW EAW Revision Comments 11.0 Fish, wildlife and ecologically sensitive resources 11.1 Some of the alternatives go along the border of the Riley Creek Conservation Area, which includes a rare ecosystem. This would lead to further edge degradation of the Riley Creek big woods which is not acknowledged by the EAW and should be avoided. Could the impacts of the roadway lead to incursion of invasive species, such as garlic mustard, which were not identified in the Conservation Areas Survey & Management Plan from June 2000? (Strate) Response: Revise EAW to note in Question 11B that the Riley Creek Conservation Area is an area identified in the MLCCS as a high quality natural community that includes a Site of Biodiversity Significance. Edge degradation is already occurring within the area around Alternatives 1 and 2 and may be due to Turnbull Road, private driveways and development on the ridge that currently serves as a transition between higher quality woods to the north and development to the south. 11.2 Alternatives 1 and 2 would impact some of the remaining Big Woods left in the metro area and they are significant, environmental features. (Strate, MN River Bluff & Riley Creek Assoc.) Response: Revise Question 11B in the EAW to note that Riley Creek Conservation Area is an area identified in the MLCCS as a high quality natural community that includes a Site of Biodiversity Significance. Construction of Options 1 and 2 may exacerbate edge degradation that is already occurring due to the private road and development on the ridge that serves as the boundary of the higher quality woods to the north and the development to the south. 11.3 Provide more information on the type and fragility of the forest soils and duff that are present that are needed to support these wooded areas and the regionally rare plant community within them. (Strate) Response: Revise EAW to note that Alternatives 1 and 2, if selected, would be constructed with attention to minimizing removal of trees and preventing erosion. 11.4 Kitten-tails were within the proposed construction area for Prospect Road when the entire grading footprint is laid out (Pemtom). Page 2 of 5 Response – Revise EAW to include a statement that the City has evaluated the design layout for Prospect Road and has determined that the road and associated stormwater ponding requirements can be designed to avoid the kitten-tails and reduce the grading footprint. 11.5 Acknowledge the proximity of the Minnesota Valley Wildlife Refuge to the EAW study area. It is afforded protection through the 2030 Regional Parks Policy Plan and the Council’s review authority for impacts of Metropolitan Significance. (Met Council) Response – Add a paragraph to the EAW that discusses the general proximity of the MVWF to the EAW study area. 17.0 Water Quality: Surface Water Runoff 17.1 The table is confusing and difficult to understand. The amount of increase (acres i.e.) should be used for comparison rather than percentage. What is the relation of tributary subwatershed to impervious area in acres? (Various, Conservation Commission) Response: Add a column to the table detailing the size of the subwatershed in acres to allow comparison with the percentages reported. 17.2 Mention that Riley Creek and Minnesota River are both listed as impaired waters for turbidity. Turbidity problems have impacted aquatic life in Riley Creek and should be considered. Projects that might negatively impact Riley Creek may be required to provide additional levels of water quality improvement in the future and should be planned for. More specific information is needed to determine if the measures proposed are adequate to protect the creek from additional impacts that would further impair the creek. (DNR, Met Council, Conservation Commission) Response – Revise the EAW to include information on the impaired water status of Riley Creek and how this will be addressed in the plans developed for the alternative selected. 17.3 A Metropolitan Council monitoring station is being managed by the Riley- Purgatory-Bluff Creek Watershed District at the intersection of Flying Cloud Drive and Riley Creek. This data should be incorporated into the EAW as a way to provide baseline data to allow monitoring of the project to help protect the creek from further impacts. (Conservation Commission) Response: Revise the EAW to clarify that creek baseline hydrologic, water quality and macroinvertebrate data from that monitoring station were used for preparation of the EAW. 25.0 Parks, Recreation Areas, and Trails 25.1 Clarify trail access within area and location of trail head. (Boland, Strate) Page 3 of 5 Response – Add to the EAW how the trail could be accessed by local residents through the trail built alongside the road for the Oak Creek / Prospect Road project. 21.0 Traffic 21.1 Clarify existing improvement plan for Dell Road and that these plans would go forward regardless of the alternative selected. (Boland, Johnson, etc.) Response – Take the word “may” out of the EAW paragraph on future construction of Dell Road as it is planned to improved in the future regardless of alternative selected. 21.2 Include a “no-build” alternative for Eden Prairie Road. Discuss how Eden Prairie Road could be upgraded within the current alignment to improve safety and avoid the need for the other alternatives. (Met Council, Conservation Commission, Pitzrick, Tundel, AquaEssence ReSource, Mathewson) Response – Revise the EAW to address the ability to upgrade Eden Prairie Road to provide a “no-build” alternative. Example text: A No-build Alternative was determined to be not feasible and as such was not evaluated as an Alternative. There are five (5) major deficiencies affecting safe operation of the south end of Eden Prairie Road. These include: • Sight distance limitations through curves • Curve design speed • Grades in excess of 14 percent • Width is less than 25 feet, should be 32 feet wide to handle the traffic projected for this area • Approach grade is greater than 1 percent at the intersection with Flying Cloud Drive (TH 212) These deficiencies combined make this segment an unacceptable alternative to connect a neighbourhood with a high volume and high speed segment of highway. As traffic is added through build-out conditions for this area, these deficiencies would be more likely to cause future traffic safety issues. The decision was made in the City’s Comprehensive Plan to develop this area and infrastructure is needed to support this development. Since this area will develop and Eden Prairie Road has these five major deficiencies, it is not an appropriate solution as a roadway alternative. 29.0 Cumulative Impacts 29.1 The cumulative effects section is incomplete. The “cumulative potential effects” inquiry requires a RGU 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 are (1) already in existence, actually planned for, or for which a basis of expectation has Page 4 of 5 been laid; (2) located in the surrounding area; and (3) might reasonably be expected to affect the same natural resources. (MPCA) Response – Revise the EAW to provide more information on impacts beyond 2008 with known conditions and guide plan designation. 29.2 The bluff protection ordinance requirements, potential groundwater and surface water, and/or ecologically sensitive native plant community impacts have not been adequately investigated to assess each alternative’s cumulative environmental impacts. (Met Council) Response – Revise the EAW to state that the City is aware that construction impacts will need to be evaluated further if Alternatives 1 through 5 are selected. 29.3 Concerned that there could be down-gradient impacts to the adjacent Minnesota Valley National Wildlife Refuge, a potential impact of Metropolitan Significance. (Met Council) Response: Revise the EAW to address how Alternatives that are visible from the valley may have a visual impact, but physical impacts such as stormwater volume or pollutant loading are limited by stormwater management and erosion and sedimentation control 29.4 The additive impact of volume and loading resulting from future projects as the watershed develops could be significant and should not be minimized in the report. (DNR) Response: Revise the Cumulative Impacts section to expand this discussion and to note that future development will be subject to city and watershed stormwater management and Nondegradation rules and standards to minimize further impacts. 30.0 Summary of Issues 30.1 Discussion of additional evaluation required is incomplete. (Various) Incorporate the following issues into Question 30 as part of the staff report prepared for the March, 2007 Planning Commission. • Reforest cleared areas where feasible. • Provide compensatory storage for floodplain areas filled by the project as needed. • Mitigate or replace filled wetlands as needed. • 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. Page 5 of 5 • Prepare and implement a stormwater pollution prevention program that includes best management practices for solid waste, hazardous waste and spill management. • 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 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 3 through 5) • Evaluate the Shore Impact and Bluff Impact Zone ordinances and requirements to determine whether a waiver from any of these requirements would be necessary and should be granted based on the need for road construction, and any necessary mitigative measures. Page 1 of 24 Memorandum To: City Council From: Leslie A. Stovring, Environmental Coordinator Date: April 24, 2007 Re: Hennepin Village Roadway Alternatives – Discretionary EAW EAW - General Comment Summary Question 7 – Project Magnitude 7.1 Prospect Road is a roadway that the Planning Commission and City Council approved 5 years ago and should not be considered as an “alternative” but an approved choice that should be a Hennepin Village issue. Prospect Road clearly stands out as the most “environmentally friendly” and least expensive alternative of all the road alternatives presented. (Barron Johnson, Travis Wuttke) Response: This comment will be conveyed to the City Council as it considers this issue. 7.2 Evaluate adding a second egress (street or public safety access road) to serve Summit Oaks (Site A or the existing townhome development on the east side of Riley Creek) to Spring Road instead of building Prospect Road. (Strate) Response: This alternative was evaluated during the development review process for Hennepin Village and Site A. The alternative was determined to be not feasible due to the grades and stormwater infiltration needs within this area. 7.3 Evaluate redirecting a secondary access through the southeast end of the development going through the old Cedar Hills golf course since that is one of the primary reasons for the need for a new road. (McLaughlin) Response: Locations for secondary access to Site A were evaluated during the development review process for Hennepin Village and Site A. However, your comment will be conveyed to the City Council as it considers this issue. 7.4 Angle Eden Prairie Road westward down the bluff top towards Highway 212 to achieve a less steep grade as impacts have already occurred in this area. (Strate) Response: The area evaluated for Alternative 5 includes a westward route down the bluff that was determined to be the best conceptual option for this area to meet reasonable grades. 7.5 If Alternate 6 is rejected, there would be no road crossings of Riley Creek between Old Dell Road and Spring Road. This fact should be sited in the EAW. (Strate) Response: Actually, within this reach of Riley Creek there is one crossing for Eden Prairie Road just north of Hennepin Village and there is a second within the Cedar Hills golf course. Currently there are a total of 7 creek crossings south of Lake Riley. 7.6 Believes that the study does not adequately address the other local roads, driveways, sidewalks, roof tops or other impervious surfaces that would be added with the Page 2 of 24 completion of Alternatives 1 or 2. Alternatives 3, 4, 5 and 6 are in a terrain that would not likely host additional development so feels the data is misleading. The long-term, net environmental impact of Alternates 1 and 2 will not be that much different if either one is rejected because these areas are most likely to be developed anyway. (Strate) Response: This comment will be conveyed to the City Council as it considers this issue. Question 10 – Cover Types 10.1 The Alternatives connecting Beverly Drive to Turnbull Road appear to potentially impact a wooded “primeval” or “primordial” pond which should be avoided. This pond would be within 50 feet of the alternatives and would destroy a unique environment. The pond would easily become contaminated by sands, salts and other contaminants. (Hron, McLaughlin) Response: This is likely Water Body #29-32-A which is designated as a Moderate Quality wet meadow within a forested watershed in the City’s wetland inventory. This area will be delineated and use of wetland buffers will be evaluated if Alternatives 1 or 2 are selected for further evaluation prior to development of final construction plans. 10.2 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 that are outside of this footprint? (Strate) Response: The Landcover Change table in Question 10 uses the Minnesota Land Cover Classification System to classify land cover. Areas classified as any type of forest are listed in that table as “wooded forest” while areas classified as woodlands or woodland/brushland are listed in the table as “Brush/grassland.” Question 11 – Fish, Wildlife and Ecologically Sensitive Resources Forest and Woodlands 11.1 Concerned that construction of Alternatives 1 or 2 would sacrifice the peaceful nature of the Riley Creek Conservation Area for the Prospect Road area which in relative scope is an area with high density housing. The City would be better served by protecting the largely unaltered area of Riley Creek Conservation Area along Turnbull Road. (McLaughlin) Response: This comment will be conveyed to the City Council as it considers this issue. 11.2 Alternative 6 goes through open space and requires less clearing and grubbing of trees. (McLaughlin) Response: This comment will be conveyed to the City Council as it considers this issue. 11.3 Concerned that the impacts to the wooded areas would not be temporary impacts only. In addition, the EAW is incorrect in concluding that tree mitigation could mitigate tree loss in this area. (Strate, Conservation Commission) Response: EAW in Question 11A says “restoration following construction could include reforestation where possible, mitigating some of the tree loss.” The EAW does not conclude that any mitigation that might occur would fully mitigate tree loss. Page 3 of 24 11.4 Alternatives 1 and 2 would impact some of the remaining Big Woods left in the metro area and they are significant, environmental features. (Strate, MN River Bluff & Riley Creek Assoc., McLaughlin) Response: Alternates that might impact resources designated through the County Biological Survey (MCBS) as Sites of Biodiversity Significance are identified in Question 11B. The estimated grading area for Alternates 1 and 2 as currently delineated would not extend to the area identified by the MCBS as a Site of Biodiversity Significance. Additional delineation will be required prior to finalization of the design plans if one of these Alternatives is selected. 11.5 The effect of fragmentation on the bird and mammal species within this area needs to be evaluated further, based on comments from the DNR for the Oak Park EAW. (Strate) Response: The EAW notes that Alternates 3, 4, and 5 would fragment habitat and create a potential barrier for some types of wildlife migration. The specific impacts and mitigation potential are dependant upon the actual design of the roadways. The EAW recommends that if any of these road alternatives are selected for construction a more detailed natural resource assessment be conducted to inform the final design and to comply with review agency requirements. 11.6 The potential environmental damage from Alternatives 1 through 5 is far greater than that of Prospect Road. If Prospect Road is not built, the City will need to start over in assessing the other Alternatives as the EAW does not begin to assess the environmental, archaeological or economic issues of these Alternatives. (Edstrom) Response: The EAW provides recommendations for additional environmental review that would be considered in conjunction with the final design of the selected alternative. The results of the analysis, if needed, will be used to minimize environmental impacts of the project. 11.7 The EAW does not give any clear indication that any fish or wildlife will be impacted negatively by either raising the road up to level and a culvert installed for a street or a bridge crossing over the creek. The addition of a street with impervious surface and fill is small in comparison to the overall picture of the completed Site B addition and future long term outlook of the southwest area as stated in the Comprehensive Guide Plan. Mitigation should be implemented, but not at the expense of efficiency or logic. Prospect Road is clearly the most suitable and efficient alternative, either with or without a bridge. (Travis Wuttke) Response: The EAW provides recommendations for additional environmental review that would be considered in conjunction with the final design of the selected alternative. The results of the analysis, if needed, will be used to minimize environmental impacts of the project. 11.8 Alternative 6 would destroy one of the few remaining truly beautiful prairies left in Eden Prairie. (Jill Anderson) Response: No native prairie designation has been provided for this area which was formerly a golf course. Page 4 of 24 11.9 Concerned that years of snowplowing will result in a heavy erosion pattern on the steeper slope areas, due to the banking of snow along the roadway. The dense tree canopy and steep north facing slope receive very little to not direct sun light due to the angle of the sun to slope. Water running off from this area would result in annual slope erosions and with each new year the erosive damage would increase. (McLaughlin) Response: Final road design will include evaluation of how to minimize impacts of the roadway to the environment. This comment will be conveyed to the City Council as it considers this issue. 11.10 Alternative 6 would disrupt an area that is pristine and natural and it is important to preserve these types of areas in Eden Prairie. (Robyn Riley) Response: The area proposed for the road extension is within a former golf course and an area that will be developed for construction of Site B. However, this comment will be conveyed to the City Council as it considers this issue. 11.11 Alternative 5 cuts through a pristine area of the Minnesota River Bluffs to connect 230 feet west of the existing intersection. The cost and impacts of this road along the bluffs, both for construction and land acquisition, does not clearly rationalize replacing one intersection for another. (Travis Wuttke) Response: This comment will be conveyed to the City Council as it considers this issue. Endangered / Threatened / Special Concern Species 11.12 DNR and State Archaeologists office identifies impacts to Alternatives 1 through 5, but not 6, so Alternative 6 is the logical choice. Feels there would be legal risks for construction of Alternatives 1 through 5 as there are good alternatives with fewer issues. (MN River Bluff & Riley Creek Assoc.) Response: Alternates 1 through 5 may or may not impact resources; the EAW and agency comments point out that further and more refined analysis would have to be completed to determine if they could be constructed without harm to those resources. The specific impacts and mitigation potentials are dependant upon the actual design of the roadways. The EAW recommends that if any of these road alternatives are selected for construction a more detailed natural resource assessment be conducted for the final design and to comply with review agency requirements. 11.13 A natural resource survey should be conducted for the Alternative selected due to the presence of a variety of special concern and threatened species as well as the high biodiversity of species in the area. (Conservation Commission) Response: The EAW provides recommendations for additional environmental review that would be considered in conjunction with the final design of the selected alternative. The results of the analysis, if needed, will be used to minimize environmental impacts of the project. 11.14 No data or discussion about Endangered, Threatened or Special Concern species or other sensitive ecological resources and areas were provided for Alternatives 1 or 2. (Strate) Page 5 of 24 Response: The EAW provides recommendations for additional environmental review that would be considered in conjunction with the final design of the selected alternative. The results of the analysis, if needed, will be used to minimize environmental impacts of the project. Riley Creek 11.15 With the environmental impact of the proposed Hennepin Village development itself, the fact that the creek could be made into a trout stream is very unlikely. (Edstrom) Response: The EAW provides recommendations for additional environmental review that would be considered in conjunction with the final design of the selected alternative. The results of the analysis, if needed, will be used to minimize environmental impacts of the project. 11.16 Riley Creek could support trout fishery habitat or trout-friendly temperatures within Riley Creek between Eden Prairie Road and Miller Spring if trout pools and bank structures are constructed and the creek is properly managed. This can be an urban stream that provides fishing, recreational and wildlife habitat of high merit. Riley Creek can be returned to a condition that approximates pre-urbanized and pre-farming character. He does not believe the carp barrier is relevant to re-establishment of trout within the creek as trout do not migrate and can thrive above and below the obstruction. (Strate) Response: The EAW notes in Question 11A that discussions with the DNR fisheries staff indicate that Riley Creek is unlikely to support a cold-water community. According to the National Ecology Center of the US Fish and Wildlife Service, to support a cold- water fishery, the creek must be able to: sustain cool to cold water; be well-oxygenated; have relatively silt-free rocky substrate in riffle-run areas; provide clear flows; have well-vegetated stable stream banks; provide areas of deep water; have abundant in- stream cover such as woody debris, rock structures and vegetation; provide relatively stable annual water flows; and provide adequate habitat. Development in the upstream watershed results in periodic high flows of flashy, warmed, nutrient-enriched stormwater. This fact as well as other habitat deficiencies in Riley Creek makes development and sustainability of a cold-water fishery infeasible. 11.17 Further evaluation of the creek should be done for fishery habitat as the DNR survey was only conducted over three days and was too brief to provide an adequate analysis. The area evaluated was between Lake Riley and the Minnesota River but did not adequately appraise the spring fed reach of the creek east of Eden Prairie Road and did not comment on this reach’s historic condition that has supported trout in the past. (Strate) Response: The fish survey conducted by the DNR is typical of the level of assessment the DNR routinely undertakes to evaluate and monitor stream conditions. 11.18 Additional discussion on potential temperature and nutrient impacts of the stormwater discharge to the creek should be provided. Prospect Road would intercept the source water of the seeps and springs in Riley Creek due to upslope construction and stormwater treatment ponding. The thermal pollution from the stormwater treatment pond would harm and degrade the springs. Sections of the creek that could support Page 6 of 24 trout would be significantly diminished compared to current or future conditions prompted by restoration of the upper creek corridor. (Strate) Response: The pollutant loadings described in Question 17 are those prior to stormwater treatment. Assuming the proposed stormwater pond treating Alternative 1 runoff is constructed to the required NURP standards, a 50% phosphorus load reduction could be expected. 11.19 The creek provides unique habitat for aquatic life during low flow periods and concerned that Alternates 3, 4, 5 and 6 could potentially decrease water quality of Riley Creek and possibly the River. (DNR) Response: The EAW provides recommendations for additional environmental review that would be considered prior to final design of the selected alternative. The results of the analysis, if needed, will be used to minimize environmental impacts of the project. 11.20 Potential for redirection of local groundwater flow and negative surface water impacts to Riley Creek has not been adequately evaluated. (Met Council) Response: The EAW provides recommendations for additional environmental review that would be considered in conjunction with the final design of the selected alternative. The results of the analysis, if needed, will be used to minimize environmental impacts of the project. 11.21 The EAW should discuss how chloride usage will be managed to prevent chloride impacts to Riley Creek. (Conservation Commission, Strate) Response: The EAW notes in the response to Question 17A, that with regards to Alternate 6, “If this alternate were implemented, ice control on the roadway should be limited to sand or a salt/sand mix to minimize chloride contribution to the creek.” 11.22 Alternatives 1 and 2 would change the Riley Creek corridor where it crosses Dell Road as well due to Dell Road improvements required for the connection of Turnbull and Dell Roads. (Johnson) Response: This comment will be conveyed to the City Council as it considers this issue. 11.23 Eden Prairie and the Riley-Purgatory-Bluff Creek Watershed District must work with the Pollution Control Agency to create an action plan to remove Riley Creek from the list of impaired waters which would reduce turbidity by 2009. Response: The dates provided on the impaired waters listing are estimated start and completion dates for creating a Total Maximum Daily Load (TMDL) plan. These dates can change based on Basin Planning or budget modifications. TMDL report planning efforts can begin any time after the start date but are expected to be completed by the estimated completion date. The Pollution Control Agency is the lead agency for starting and completing the TMDL plans. A schedule will be established in the TMDL Plan for completing action items needed to remove the water body from the impaired waters list. The Pollution Control Agency has not started the TMDL plan for Riley Creek. 11.24 Feels the EAW fails to address the uniqueness of the creek valley and how Prospect Road would change the value of the valley. The area could be used for outdoor Page 7 of 24 classrooms or educational experiences, especially out of the existing clubhouse. He is also concerned that a culvert across the creek would act like a dam. (Daniels) Response: This comment will be conveyed to the City Council as it considers this issue. Question 12 – Physical Impacts on Water Resources 12.1 Supports construction of Prospect Road with the bridge alternative as believes it will provide access and preserve the creek valley. (Kaerwer) Response: This comment will be conveyed to the City Council as it considers this issue. 12.2 The bridge alternative for Prospect Road should be built as this was the design approved by the City. (McLaughlin) Response: Prospect Road with a culvert is the option that was approved. However, this comment will be conveyed to the City Council as it considers this issue. 12.3 A bridge should be considered to mitigate the “dam” effects of building a culvert across the creek, rerouting the creek, etc. (Robin Smith) Response: The culvert can be designed to allow flow of the creek under the roadway. The use of drain tiles or other measures will be evaluated to reroute the seepage that enters the road area. 12.4 A bridge should be selected to minimize impacts to the Riley Creek system (Riley- Purgatory-Bluff Creek Watershed District, Conservation Commission) Response: Construction of a bridge would require stormwater ponding within the creek valley. A culvert crossing can be designed to avoid construction of stormwater ponding within the creek by using an infiltration area that currently exists on the east side of the creek. Question 16 – Erosion and Sedimentation 16.1 Provide more detailed grade information for the separate alternatives, for example this section is between 10 and 13 percent. Expand the discussion of each alternative to provide a clearer understanding of the potential impacts for each alternative in relation to the steep slopes. (Strate, Conservation Commission) Response: Preliminary road grade information is available only for Alternative 6. Grade is relevant to environmental impacts only in that it may impact traffic safety or maintenance such as ice control. The American Association of State Highway and Transportation Officials (AASHTO) standard for local street grades is a grade of less than 15% in residential areas and less than 8% in commercial areas. The standard for residential streets recommended by the consortium of the Urban Land Institute, American Society of Civil Engineers, Institute of Transportation Engineers, and National Association of Home Builders is a grade less than 12%. These design recommendations are less associated with traffic safety as they are for drainage and erosion control. The grade proposed in the preliminary design of Alternative 6 is within those standards. Page 8 of 24 16.2 Add in information on the amount of fill that would need to be brought in to the bottom of the valley as well as the grading impact. (Boland) Response: The data in the table addressing question 16 shows estimated cubic yards of soil to be moved. The cubic yardage shown is the estimated net cut and fill given the preliminary profile of the roadway. The final volume of net fill would depend upon the final design if Alternative 6 is selected. 16.3 Extent of grading required for Prospect Road is understated. Project magnitude is 8.0 acres rather than 2.16 acres. These calculations would carry forward into the cover type impacts as well as other sections. (Pemtom) Response: The City has evaluated the area and determined that the grading area for Prospect Road construction, which is separate from the overall development, would total approximately 2.1 acres (1.7 acres new and 0.4 acres of re-graded area). The existing stormwater ponding area on the east side of Riley Creek could be used for stormwater treatment without grading into the creek valley. 16.4 Provide more information on erosion control measures that will be used to protect bluff areas, and thus Riley Creek (Conservation Commission) and the MN Valley National Wildlife Refuge. (Met Council) Response: The specific erosion control measures to be used would depend on the design of the Alternative selected. Construction of any of the Alternatives would be subject to city stormwater and bluff ordinances, and watershed and NPDES Construction Permit erosion control requirements. Accepted temporary and permanent erosion control Best Management Practices would be incorporated into any project design, including BMPs such as double or reinforced silt fence, biologs, erosion control fabric, blown compost, bale checks, and temporary sedimentation basins where needed. 16.5 Alternatives 3, 4, 5 and 6 are partly within a Bluff Impact Zone that would require a waiver. The EAW has not adequately addressed the environmental impacts of such a waiver, which may differ based on the various roadway alternative scenarios. (Met Council) Response: The EAW provides recommendations for additional environmental review that would be considered in conjunction with the final design of the selected alternative. The results of the analysis, if needed, will be used to minimize environmental impacts of the project. 16.6 Alternate 6 would sit on top of a 36 foot high embankment. Feels the area impacted would be more than 2.6 acres as the estimate is based on the area impacted with a flat terrain. (Strate) Response: The EAW includes the area that would be impacted by both the roadway area and the side slopes. 16.7 Trying to mitigate the steep slope on what is now the western end of Prospect Road would require exorbitant amounts of fill. (Jill Anderson) Response: The EAW includes the area that would be impacted by both the roadway area and the side slopes. Page 9 of 24 16.8 Worried that Prospect Road would have to be dangerously steep and winding through the creek valley. (Robyn Riley) Response: This comment will be considered during the final design of Prospect Road if Alternative 6 is chosen. Question 17 - Water Quality: Surface Water Runoff 17.1 The table appears to be incorrect for all scenarios and needs to be redone (Pemtom). Response: Commenter does not explain why they believe the table appears incorrect. Data in the table was calculated using subwatershed areas from the city’s hydrologic model. Land cover areas and types within the subwatersheds are from the Minnesota Land Cover Classification System. Runoff volume and pollutant loading for existing and proposed conditions were calculated using standard, accepted hydrologic modelling techniques. 17.2 No detailed analysis of water quality impacts for Alternatives 1 – 5 are provided and no mitigation measures are listed as they are for Alternative 6. Additional study and analysis would be required to satisfy the environmental review process for Alternatives 1 – 5. (MN River Bluff & Riley Creek Assoc.) Response: The EAW includes a table that estimates the stormwater impacts of each of the six alternates. Detailed mitigation measures are available for Alternate 6 because a more detailed design was available for it. Alternates 1 through 5 have been only conceptually designed, and mitigation details would depend upon the design of that selected option. The EAW notes that no specific Best Management practices have been determined for those options, but that stormwater BMPs would be part of the final design. It should be noted that construction of any of these alternatives will require BMPs and will be subject to city and watershed stormwater management and Nondegradation rules and standards and NPDES Stormwater Construction Permit requirements to minimize impacts. Question 19 – Geologic Hazards and Soil Conditions 19.1 Measures required to protect groundwater resources for each Alternative need to be clarified as the EAW states the study area is sensitive to groundwater pollution due to the shallow depth of fractured bedrock in the area. (Conservation Commission) Response: To minimize impacts to the spring and also the seeps and small springs along the bluff, development and construction will attempt to mimic natural runoff conditions as much as possible. Infiltration will be encouraged, but will be carefully implemented to provide for pre-treatment of runoff prior to infiltration. Question 21 - Traffic 21.1 Traffic model only forecasts through 2008. Recommend revising study to reflect ultimate build-out 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. (Met Council) Page 10 of 24 Response: This question is not required in the Discretionary EAW. However, additional information on build-out conditions will be provided to the City Council during the alternative selection process. 21.2 The traffic study is too optimistic as it does not include analysis of future development and how it could impact traffic. The results could materially change the results. (Pitzrick, MN River Bluff & Riley Creek Assoc.) Response: This question is not required in the Discretionary EAW. However, additional information on build-out conditions will be provided to the City Council during the alternative selection process. 21.3 The City is not looking far enough ahead regarding traffic issues, 2008 is simply too short sighted. An in-depth traffic study is needed to asses the impact of 400 new homes on the safety of the Summit Oaks neighbourhood. The roads in the area do not appear to be equipped to handle the added capacity anticipated for the future. (Jill Anderson, Barron Johnson, D. Carl, Mathewson) Response: This question is not required in the Discretionary EAW. However, additional information on build-out conditions will be provided to the City Council during the alternative selection process. In addition, Prospect Road was designed as a collector road connecting Spring Road and Eden Prairie Road. It was developed with few access points and no homes fronting the roadway. 21.4 Clarify where and how, under each of the proposed roadway alternatives, the existing Eden Prairie Road would be closed off from through-traffic. (Met Council, Pemtom) Response: Although the final design for Eden Prairie Road is not completed, it is expected that a cul-de-sac would be built near the edge of the ridge which is approximately 1,000 feet from Flying Cloud Drive (TH 212). 21.5 If Eden Prairie Road is closed, would this create a dead end? (Pitzrick) Response: Yes, a cul-de-sac would be added near the top of the ridge line. 21.6 How many residents would be at the end of the dead end? (Pitzrick) Response: There would be between three to six residents depending on the final design. 21.7 How would the existing parcels below the face of the bluff and north of the highway be provided access to TH 212? (Met Council) Response: This area is beyond the MUSA line and it is not clear that additional development would be allowed below the face of the bluff. Private drives would be needed to provide existing properties with access to the south end of Eden Prairie Road. 21.8 Prefer roadway alternatives 6, 3 and 4 in that order. These three provide access to Spring Road which has left and right turn lanes making it more suitable for redirection of traffic. (MnDOT) Response: This comment will be conveyed to the City Council as it considers this issue. Page 11 of 24 21.9 Alternatives 1 and 2 route traffic to Dell Road which does not have left turn lanes. This would not be recommended unless a left turn lane was constructed. (MnDOT) Response: This comment will be conveyed to the City Council as it considers this issue and the design of future Dell Road improvements. 21.10 Access to Flying Cloud Drive (TH 212) from Alternate 5 would not provide adequate sight distance in either direction. (MnDOT, Travis Wuttke) Response: This comment will be considered during the final design of Prospect Road if Alternative 5 is chosen. 21.11 Traffic flow for this area is primarily to the north, where there is shopping, schools, churches and a mall. Feels the traffic flow should be focused on how to get people north, into Eden Prairie, and not south to Flying Cloud Drive. Supports a dead end for Eden Prairie Road, and perhaps even for Dell Road in the future. (Norma Wuttke, Barron Johnson) Response: This comment will be conveyed to the City Council as it considers this issue. The City does agree that some traffic will flow north, however as the area continues to develop residents will need to access other areas and an east-west connection will be needed. 21.12 Traffic flow will be primarily north and there is no need for an east-west connection. (Tundel) Response: This comment will be conveyed to the City Council as it considers this issue. 21.13 The traffic study fails to examine traffic impacts from Alternatives 1 – 5. In particular it omits many critical intersections that would become traffic pressure points if the alternatives are selected. For example, Turnbull Road and Dell Road intersections. (MN River Bluff & Riley Creek Assoc.) Response: This detail is not required in a Discretionary EAW. These intersections will be reviewed for the final design depending on the Alternative selected. 21.14 Safety impacts from Alternatives 1 – 2 are not included. Children regularly cross Dell Road to reach Crestwood Park and both Turnbull and Dell Roads provide access to the Riley Creek Conservation Trail system. Turning these roads into major thoroughfares would pose unacceptable safety hazards to this area. (MN River Bluff & Riley Creek Assoc.) Response: This issue will be reviewed for the final design depending on the Alternative selected. This comment will be conveyed to the City Council as it considers the EAW. 21.15 Supports closure of Eden Prairie Road for safety reasons, although the use of breakthrough barriers for emergency vehicles only might be an option. (Barron Johnson) Response: This comment will be conveyed to the City Council as it considers this issue. Page 12 of 24 21.16 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? (Pitzrick) Response: This comment will be conveyed to the City Council as it considers this issue. 21.17 Feels there is too little data on the Highway 212 / Eden Prairie Road intersection and that the traffic impacts of closing Eden Prairie Road are not accurately reflected in the EAW. (Travis Wuttke) Response: This comment will be conveyed to the City Council as it considers this issue. 21.18 Unclear whether a roadway crossing of Riley Creek to connect to Prospect Road would be necessary in conjunction with planned development in this area. (Met Council) Response: The need for a roadway alternative to serve this area is discussed in Question 6 and was reviewed during development of the Hennepin Village plans. 21.19 Would signals be added at Dell Road and/or Spring Road which would slow traffic on Flying Cloud Drive in the future? (Pitzrick) Response: Traffic signals are not currently planned for either intersection. 21.20 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? (Pitzrick) Response: The speed limit will not be lowered. Speed limits are set based on the physical characteristics of the roadway, which will not change. 21.21 When Highway 212 is re-routed, this would lead to slower and more local traffic. This should be considered in the EAW. (Strate, Jill Anderson) Response: There may be a temporary reduction in traffic, but over long term traffic is expected to return to previous levels as Eden Prairie and surrounding communities continue to develop. No change in traffic speeds is anticipated 21.22 Dell Road south of Turnbull Road is currently mostly impassable at times. (Doyle) Response: This comment will be conveyed to the City Council as it considers this issue and in future consideration of future Dell Road improvements. 21.23 Dell Road would require an upgrade to handle traffic volumes re-routed from present Eden Prairie Road. The additional upgrades should be considered as a part of this document as these upgrades will be necessitated by either Alternative 1 or 2. Discussion and Dell Road is currently unable to handle the increased traffic. Insufficient data is provided to evaluate all reasonably foreseeable impacts, including the ecological structure of the river bluff, destruction of existing habitat, Riley Creek modification for a widened Dell Road and potential archaeological site impacts. (Johnson, Deb Peterson, MN River Bluff & Riley Creek Assoc.) Response: Plans for future Dell Road improvements were being evaluated by the City prior to the current Hennepin Village development plan. Dell Road will need to be upgraded regardless of whether Turnbull Road is connected to Eden Prairie Road or not. Page 13 of 24 21.24 Concerned that Alternatives 1 and 2 would change the character of the Minnesota River Valley corridor. (Doyle) Response: This comment will be conveyed to the City Council as it considers this issue. 21.25 How would Turnbull Road be constructed to provide safe access to Dell Road? With the straight alignment and lack of housing, vehicle speeds would likely be well above posted speed limits. Road grades and speed of the cars going through this area would become a safety hazard. The only way to manage car speed is to make the road curving and how do you do this without compromising the creek, the park, the bluffs and the residents? (McLaughlin) Response: The designs for Alternatives 1 or 2 are conceptual only. If Alternatives 1 or 2 are selected, more detailed design with appropriate horizontal or vertical alignments would be developed. 21.26 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. (McLaughlin) Response: Current plans do not include this as an option. However, this comment will be conveyed to the City Council as it considers this issue. 21.27 The Turnbull Road elevation / grade change is not accurately reflected on the plans, you do need to “go down and back up” to get to Turnbull from Beverly Drive. (Hron) Response: The designs for Alternatives 1 through 2 are conceptual only and do not include road profiles. If Alternatives 1 or 2 is selected, then a more detailed design would be developed to evaluate the extent and nature of grade changes. 21.28 The City Council and Planning Commission have not adequately stayed out front of the rapid expansion of western Eden Prairie. Now trying to rectify these mistakes by throwing them back onto Spring Road via Prospect Road. Closing the connection between Eden Prairie Road and Flying Cloud Drive will only exacerbate the safety problems as traffic will worsen at the junction of Spring Road and Flying Cloud Drive (TH 212) while converting Summit Oaks to a throughway for traffic in the surrounding area. This issue renders the proposal unthinkable and irresponsible. This is a short term, stop gap solution and before a truly viable solution is found the damage will be done. The best thing to do when there is no viable long term solution is to do nothing. (Pester) Response: This comment will be conveyed to the City Council as it considers this issue. Question 24 – Odors, Noise and Dust 24.1 Concerned that noise from traffic on Alternative 1 or 2 would carry into the Riley Creek Conservation Area altering the peaceful setting and visual beauty for visitors. (McLaughlin) Response: This comment will be conveyed to the City Council as it considers this issue. Question 25 – Nearby Resources Archaeological, Historical, or Architectural Resources Page 14 of 24 25.1 There are a number of Native American burial mounds within a few feet of the corridor planned for Alternatives 1 and 2 that would be jeopardized by easier access to this area. The final design has not been determined, including earthwork, alignment and utility placement. A small shift to avoid the burial mounds could shift the alignment off the ridge top, creating impacts to the north or south ridge faces and may become impractical. (McLaughlin) Response: The final design will evaluate these issues if one of these Alternatives is selected. This comment will be conveyed to the City Council as it considers this issue. Other Unique Resources – Frederick Miller Spring 25.2 Surprisingly little is known about the spring and is difficult to evaluate the potential impacts to the spring. No foundational geological or hydraulic data is provided to evaluate the potential impacts to the spring. The EAW should address whether the alternatives could impact the recharge zone for the spring as well as the quality of the spring water. The Riley-Purgatory-Bluff Creek Watershed District should be petitioned to assist in conducting a delineation of the recharge area and hydraulic characteristics o the spring as it benefits residents throughout the District and not just the City. This data would assist in determining appropriate mitigation measures that should be incorporated into the Alternative selected and whether infiltration could minimize any negative impacts to the spring. (Conservation Commission) Response: There is very little information about this spring, as well as other similar remaining springs in the Metro area. Most have never had a groundwatershed delineated because this requires an extensive and intensive modelling effort. To minimize impacts to the spring and also the seeps and small springs along the bluff, development and construction should attempt to mimic natural runoff conditions as much as possible. Infiltration will be encouraged, but must be carefully implemented to provide for pre-treatment of runoff prior to infiltration. 25.3 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. The City should identify the areal extent of the recharge area and the hydraulic characteristics that govern the amount of recharge that occurs. (DNR) Response: As one of the last springs of this kind in the Metro area, Frederick Miller Spring is a regional resource, and the City should ask the DNR to consider evaluating the hydrologic and hydraulic characteristics of this area. 25.4 The source for Miller Spring is above the grade of Prospect Road and is piped down to its current location. Does not believe the source of the spring would be contaminated by Prospect Road construction. (McLaughlin) Response: This comment will be conveyed to the City Council as it considers this issue. 25.5 Alternates 3 and 4 may impact the underground waters that likely supply Frederick- Miller Spring. The aquifer supplies water to the creek also. This should be evaluated. (Strate) Page 15 of 24 Response: Little information is available on the hydrogeology of the area. Based on observations of springs and seeps in the area, flow in the creek, and the geology of the area, it is likely that the springshed lies west and northwest of the spring. There is not enough information available to say with any certainty what the impacts might be from any of the Alternatives. It should also be noted that climate, regional fluctuations in groundwater levels, and annual weather conditions also can significantly affect output of springs and seeps, which may vary annually. 25.6 The unique environmental and scenic quality of Alternates 1 and 2 need to be re- affirmed in the Scenic View and Vista section. (Strate, Doyle, McLaughlin) Response: This comment will be conveyed to the City Council as it considers this issue. 25.7 Concerned that the construction would impact the character of the Minnesota River valley. (Strate, Doyle) Response: This comment will be conveyed to the City Council as it considers this issue. 25.8 Alternate 3 winds down a gully between two bluffs to Spring Road. This corridor would impact the view from Frederick-Miller Spring and should be discussed in the EAW. (Strate) Response: This comment will be conveyed to the City Council as it considers this issue. 25.9 Alternates 4 and 5 would affect the viewshed of the bluffs from the Minnesota Valley National Wildlife Refuge and a proposed Minnesota State Trail. (Richard Schultz, Refuge Manager, 1997, Hennepin Village AUAR comments on how development along the bluff is highly visible from the valley and could detract from the natural appearance of the valley and reduce the quality of the experience of visitors to the valley and refuge). (Strate) Response: This comment will be conveyed to the City Council as it considers this issue. 25.10 Alternate 6 would divide “State Park quality scenery” within the valley as well as from a potential city park facility (Cedar Hills Club House) and the Summit Oaks neighbourhood (Site A). (Strate) Response: This comment will be conveyed to the City Council as it considers this issue. Question 29 – Cumulative Impacts 29.1 The cumulative effects section is incomplete. The “cumulative potential effects” inquiry requires a RGU 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 are (1) already in existence, actually planned for, or for which a basis of expectation has been laid; (2) located in the surrounding area; and (3) might reasonably be expected to affect the same natural resources. (MPCA) Response: The Cumulative Impacts section will be expanded to address this issue. 29.2 The traffic study states that no new traffic will be generated, but will be redistributed. This appears to be a function of the short time horizon for forecasting development. It Page 16 of 24 appears that the road construction will favour faster development with some of the Alternatives provided, which will generate more trips requiring additional road upgrades outside of the EAW scope. More work needs to be done to provide a fuller picture of future traffic impacts. Full build out conditions should be addressed in the Cumulative Impacts section. (Conservation Commission) Response: The traffic analysis took into account the traffic impacts of development that is currently underway or that could reasonably be expected to occur in the short term. The EAW states (and the City’s Comprehensive Plan indicates) that it is likely that in the long-term there will be redevelopment of some of the large-lot parcels in the area, but the extent, nature, and timing of that redevelopment is difficult to predict and is related mainly to market conditions. Evaluating long-term land use is a long-term planning decision that is addressed during the Comprehensive Planning process. Although not required in the EAW, additional traffic information on build-out conditions will be provided to the City Council during the Alternative selection process. 29.3 The bluff protection ordinance requirements, potential groundwater and surface water, and/or ecologically sensitive native plant community impacts have not been adequately investigated to assess each alternative’s cumulative environmental impacts. (Met Council) Response: The Shore Impact and Bluff Impact Zone ordinances and requirements will be reviewed for the Alternative selected to determine whether a waiver from any of these requirements would be necessary and should be granted based on the need for road construction, and any necessary mitigative measures. 29.4 Concerned that there could be down-gradient impacts to the adjacent Minnesota Valley National Wildlife Refuge, a potential impact of Metropolitan Significance. (Met Council) Response: Some Alternatives that are visible from the valley may have a visual impact, but physical impacts such as stormwater volume or pollutant loading are limited by stormwater management and erosion and sedimentation control requirements. 29.5 The potential severities of environmental effects have not been adequately determined. This includes items such as groundwater diversions, ecologically sensitive native plant community impacts and bluff protection zone impacts. (Met Council) Response: The EAW provides recommendations for additional environmental review that would be considered in conjunction with the final design of the selected alternative. The results of the analysis, if needed, will be used to minimize environmental impacts of the project. 29.6 Cumulative impacts outlined for Alternatives 1 and 2 are not adequate as it does not discuss how the construction of a connecting road would impact future development within this corridor. (MN River Bluff & Riley Creek Assoc., Strate) Response: The EAW states (and the City’s Comprehensive Plan indicates) that it is likely that in the long-term there will be redevelopment of some of the large-lot parcels in the area, but the extent, nature, and timing of that redevelopment is difficult to predict and is related mainly to market conditions. Evaluating long-term land use is a Page 17 of 24 long-term planning decision that is addressed during the Comprehensive Planning process. 29.7 Cumulative impacts section does not look at the significant acreage needed for construction that would require condemnation of prime land. (MN River Bluff & Riley Creek Assoc.) Response: This comment will be conveyed to the City Council as it considers this issue. 29.8 A more detailed analysis of the cumulative impacts of each roadway alternative should be prepared prior to the determination of whether an EIS is necessary. (Met Council) Response: The Cumulative Impacts section will be expanded to address this issue. This comment will be conveyed to the City Council as it considers this issue. 29.9 Would the MUSA line move to accommodate increased development potential? (Strate) Response: Location of the MUSA line is a long-term planning decision that is addressed during the Comprehensive Planning process. The MUSA line would not require adjustment to construct any of the road alternatives. 29.10 Would lot densities within the road corridor area increase? (Strate) Response: Lot density is a long-term planning decision that is addressed during the Comprehensive Planning process. The area is guided for lot densities of 2.5 residential units per acre and would not require adjustment to construct any of the road alternatives. 29.11 Inadequate treatment of development scenarios in the long-term as does not look beyond the development of Sky Lane and Oak Creek and does not look at complete build out of the area. By failing to consider build-out scenarios, the EAW does not provide a source of information to guide other approvals and permitting decisions. (Carroll, Travis Wuttke) Response: The EAW provides guidance on the potential impacts of the road alternatives. The impact of long-term development in the area is a long-term planning decision that is addressed during the Comprehensive Planning process. Lot densities would not require adjustment to construct any of the road alternatives. 29.12 A more detailed and extensive look was provided for the Prospect Road alternative while little work was done on the other alternatives. (McLaughlin, MN River Bluff & Riley Creek Assoc.) Response: More information was available for Alternate 6 because the developer had prepared a preliminary road design, performed a wetland delineation, and field located a community of a threatened species. Only schematic designs have been prepared for the other alternates. The EAW disclosed where additional field work would be required to adequately assess environmental impacts, such as the potential for threatened or endangered species or cultural resource impacts. Section 31 summarizes the additional work that would be necessary to adequately assess environmental impact should a particular Alternate be selected. The EAW also recommends that a more detailed analysis be performed for whichever Alternative is selected. Page 18 of 24 Question 30 – Other Potential Environmental Impacts Not Mentioned in EAW 30.1 Concerned that the wooded area along Turnbull Road would become an easy opportunity for dumping of trash. (McLaughlin) Response: This comment will be conveyed to the City Council as it considers this issue. 30.2 Include information on previous studies done for the conservation areas and bluff land, such as the conservation area plans developed by the City. (Strate) Response: The road alternatives do not cross conservation areas. Evaluation of previous conservation area studies and plans were beyond the scope of the Discretionary EAW. This comment will be conveyed to the City Council as it considers this issue. 30.3 Finds that the discussion of whether to cross Riley Creek as confusing as Riley Creek will soon be surrounded by large housing developments and the remaining natural land area will suffer due to the scope and size of housing development. (McLaughlin) Response: This comment will be conveyed to the City Council as it considers this issue. 30.4 The EAW indicates that significant environmental effects would result from Alternatives 1 – 5. As such an EIS would be necessary before selecting one of these Alternatives under State Law (Minn. Stat. 116D.04). (MN River Bluff & Riley Creek Assoc.) Response: The EAW provides recommendations for additional environmental review that would be considered in conjunction with the final design of the selected alternative. The results of the analysis, if needed, will be used to minimize environmental impacts of the project. General Comments – Issues not Within the Scope of an EAW Financial Considerations a. Alternatives 1 - 5 would be expensive and difficult to build and would include land acquisition and condemnation costs that would not be needed for Alternative 6. The Developer is responsible for the costs associated with Alternative 6. This is not adequately represented in the EAW. (MN River Bluff & Riley Creek Assoc.) Response: An EAW explicitly evaluates only environmental impacts and does not evaluate financial impacts. In that manner, environmental impacts can be evaluated on their own merit without regard to cost. Financial impact is a separate policy issue that will be evaluated by the City Council as it considers this issue. b. Should add in a brief discussion of the economic costs of each alternative as this should at least be considered by the City Council. (MN River Bluff & Riley Creek Assoc.) Response: An EAW explicitly evaluates only environmental impacts and does not evaluate financial impacts. In that manner, environmental impacts can be evaluated on their own merit without regard to cost. Financial impact is a separate policy issue that will be evaluated by the City Council as it considers this issue. Page 19 of 24 c. The EAW is inadequate to support selection of Alternatives 1 through 5 yet is adequate to justify constructing Prospect Road. If one of the Alternatives 1 – 5 is selected, additional environmental review and economic expense would be required and an Environmental Impact Statement (EIS) would likely be required. (MN River Bluff & Riley Creek Assoc.) Response: This comment will be conveyed to the City Council as it considers this issue. d. Financial cost for Turnbull Road alternative would be grossly inequitable to the residents as this would be built to service another community and the need of a developer and/or future development that may never happen. (McLaughlin) Response: This comment will be conveyed to the City Council as it considers this issue. e. The cost of the development is for the Developer to solve and should not be shifted to the neighbouring areas. Alternatives 1 and 2 would be much more expensive to create. (Megan Doyle) Response: This comment will be conveyed to the City Council as it considers this issue. f. The financial costs of the land acquisition and construction should be mentioned in the EAW. In addition, the financial implications of adding a bridge to Prospect Road should be clarified. (Travis Wuttke) Response: An EAW explicitly evaluates only environmental impacts and does not evaluate financial impacts. In that manner, environmental impacts can be evaluated on their own merit without regard to cost. Financial impact is a separate policy issue that will be evaluated by the City Council as it considers this issue. g. The traffic from the development should not be forced onto neighbours to fight over when an adequate solution exists and will fight to stop any other alternative if Prospect Road is not selected. Contests the City’s right to condemn property when a solution is already there that would not require condemnation. Concerned that Alternatives 1 through 3 would destroy the entire neighbourhood and the bluff itself. (Edstrom) Response: This comment will be conveyed to the City Council as it considers this issue. Prospect Road Improvements a. No berm was installed along Prospect Road to protect existing residents from the traffic. (Kosteliz) Response: Prospect Road was designed as a collector street for connection of Spring Road and Eden Prairie Road. The City will evaluate the existing road to determine if deficiencies exist and work with the Developer to have them corrected as needed. b. Ryland Homes informed residents that traffic on Prospect Road would be light as the road would only connect the two Hennepin Village locations along the creek. (Kosteliz, Tundel, Neikus, Lankas) Response: The Prospect Road extension has always been a part of the overall Hennepin Village project. The Developer was responsible for informing residents about the extension. The comment will be conveyed to the City Council as it considers this issue. Page 20 of 24 c. Ryland informed them when they purchased their home that there would only be a path or small trail leading up to a clubhouse and pool on the site of the old golf course. (Tundel) Response: The Prospect Road extension has always been a part of the overall Hennepin Village project. The Developer was responsible for informing residents about the extension. The comment will be conveyed to the City Council as it considers this issue. d. Ryland told them that a pool was going to be built where the extension for Prospect Road is proposed, then that the pool was going to be replaced by homes, and finally by Prospect Road. They were also told that the pedestrian / resident walk ways were walking paths and are now worried they will be heavily used. Feels the City held public meetings on the extension without involving the residents. (Morales) Response: The Prospect Road extension has always been a part of the overall Hennepin Village project. The Developer was responsible for informing residents about the extension. The comment will be conveyed to the City Council as it considers this issue. e. They were never informed (by developer or in public hearings for the project) that this could become a major road or that Eden Prairie Road at Highway 212 could be closed. (Kosteliz, Caza) Response: The Prospect Road extension has always been a part of the overall Hennepin Village project. The Developer was responsible for informing residents about the extension. The comment will be conveyed to the City Council as it considers this issue. f. Prospect Road was never built to handle or accommodate all the traffic from Eden Prairie Road. (Kosteliz, Pierson, Morales, Pester, Neikus, Mathewson) Response: Prospect Road was designed as a collector street for this area with few access points with no homes fronting the roadway. g. Prospect Road has bad sight lines and blind spots that would result in safety hazards if the connection is made. (Kosteliz, Caza, Pierson, Tundel) Response: Prospect Road was designed as a collector street for connection of Spring Road and Eden Prairie Road. The City will evaluate the existing road to determine if deficiencies exist and work with the Developer to have them corrected as needed. h. The intersection at Prospect Road and Spring Road has traffic problems at night and in the morning currently. (Kosteliz) Response: The intersection of Prospect Road and Spring Road was analyzed. The analysis indicates that the intersection has adequate capacity to accommodate any of the roadway alternatives without geometric or control changes. i. The intersection at Prospect Road and Spring Road has inadequate sight lines and will cause back ups and safety hazards in peak morning hours as vehicles attempt to access Spring Road. (Pierson) Response: The intersection of Prospect Road and Spring Road was analyzed. The analysis indicates that the intersection has adequate capacity to accommodate any of the roadway alternatives without geometric or control changes. Page 21 of 24 j. Prospect Road is too close to their home and the increased traffic would not only jeopardize the use of their lawn and house as well as change the dynamic of the community. (Davis, Riley, Neikus) Davis felt that an up to an additional 300 vehicles could cross through Summit Oaks during rush hour. Response: Prospect Road was designed as a collector street for this area with few access points with no homes fronting the roadway. Afternoon peak hour traffic volume based on traffic counts taken in October 2006 is approximately 70. If Alternative 6 is constructed peak hour traffic volume is estimated to be 132, an increase of 62. k. Concerned about the noise levels that would result from Prospect Road. (Davis, Pierson) Response: This comment will be conveyed to the City Council as it considers this issue. l. Sending this amount of traffic through the heart of a residential neighbourhood would decrease property values and endanger the children. She is also concerned that the park in this area is right on the corner of Prospect Road and Porchlight Lane. (Jill Anderson) Response: This comment will be conveyed to the City Council as it considers this issue. m. Not enough parking spaces for guests or extra family vehicles were provided for the development. Currently residents have to park along Prospect Road. Increasing traffic would result in being unable to park here. (Pierson, Morales) Response: Parking was provided for the development in accordance with City Code requirements. The private streets can be used for additional parking. n. Prospect Road and its connection to Site B was public knowledge and a part of the original plan for Hennepin Village. The dispute by Hennepin Village residents as to whether it should now be built is confusing and invasive and should be resolved internally. Appears that the neighbourhood is asking others to solve and finance a self- initiated situation they do not want to resolve within their own development. (Loren & Norma Wuttke) Response: This comment will be conveyed to the City Council as it considers this issue. o. Prospect Road was designed to provide adequate access of emergency vehicles and allow the residents of Hennepin Village to choose to exit the development onto either County Road 4 or Eden Prairie Road. Public safety is not addressed in the other Alternatives. (Edstrom, Travis Wuttke) Response: This comment will be conveyed to the City Council as it considers this issue. p. Alternatives 1 through 5 fail to connect the Hennepin Village phases with proposed phase B nor do they connect the proposed clubhouse with the rest of the Hennepin Village development. Connectivity within Hennepin Village for continuity, street maintenance and safety are not solved by the addition of another road in the southwest area. (Travis Wuttke) Response: This comment will be conveyed to the City Council as it considers this issue. Page 22 of 24 q. The comment that all traffic will now go past the front doors of Hennepin Village is untrue as most traffic will go north, going east would be illogical and time consuming. Eden Prairie Road connects easily with roads such as Pioneer Trail, Highway 5, Highway 312 (new 212), etc. and would be the preferred route for most traffic in this area. (Loren & Norma Wuttke) Response: This comment will be conveyed to the City Council as it considers this issue. r. Show Prospect Road in the context of the approved plan for Hennepin Village as this will change the character of the corridor, regardless of whether Prospect Road is constructed. (Robin Smith) Response: This comment will be conveyed to the City Council as it considers this issue. s. One argument for Prospect Road is that a second egress is needed in case of fire. However, they believe the only fire danger to the Summit Oaks neighbourhood would be within the creek valley and that use of Prospect Road would not be needed. (Tundel) Response: This comment will be conveyed to the City Council as it considers this issue. t. The idea that Prospect Road would alleviate safety and traffic concerns is preposterous as it will only shift the problems to an area less equipped to handle them. If approved, it would reduce the Hennepin Village property values by as much as 40% while failing to meet any intended goals. (Pester) Response: This comment will be conveyed to the City Council as it considers this issue. u. The Prospect Road is a cheap, expedient and incorrect way of solving any supposed problem. This ridiculous scheme will fail and will do so at the expense of our homes and the safety of our children. (Pester) Response: This comment will be conveyed to the City Council as it considers this issue. v. The Prospect Road project as proposed is a serious public safety issue for residents in Site A and was poorly planned. The Engineering Department must have known that the eventual traffic would be a serious safety hazard for Site A residents and the Eden Prairie Road residents who would use it. Eden Prairie Road has been a problem for years and the City has not done any normal maintenance adjustments to improve the problem. Adjustments could be made to Eden Prairie Road that would not affect any homeowners while improving the safety conditions of the curve. This would leave land available for development and tax collection. The EAW is flawed in general and does not reflect on the true safety issue. Feels the Public Works Department did not represent the development of Prospect Road properly. (Lankas) Response: This comment will be conveyed to the City Council as it considers this issue. w. The traffic study provides an assumption that there would be no operational or safety impacts from Prospect Road construction, but only looks at the short term for build out and traffic flow. Feels that future road usage would put children playing inside the unfenced park, as well as bicyclists and pedestrians within the development at risk due to blind spots and development too close to the road. The public safety risks associated with the road are higher than the risks associated with a potential fire or water main break. (Carroll, D. Carl, Lankas) Page 23 of 24 Response: Prospect Road was designed as a collector road connecting Spring Road and Eden Prairie Road. It was developed with few access points and no homes fronting the roadway. The City will evaluate the existing roadway to determine if deficiencies exist and work with the Developer to have them corrected as needed. x. “Critical factors for assessing public safety issues in Hennepin Village must include realistic peak traffic flow patterns, Prospect Road design flaws, and the character of the Hennepin Village neighbourhood through which Prospect Road passes.” These items should be made known to the public for review and comment. (Carroll) Response: Prospect Road was designed as a collector road connecting Spring Road and Eden Prairie Road. It was developed with few access points and no homes fronting the roadway. The City will evaluate the existing roadway to determine if deficiencies exist and work with the Developer to have them corrected as needed. y. The junction of Spring Road and Prospect Road is a blind intersection that sits atop a winding hill when coming from the south. Worried that stop lights will be needed at this dangerous intersection due to the increased traffic. (Pester) Response: This comment will be conveyed to the City Council as it considers this issue. z. The City should consider installing a traffic signal at Prospect Road and Eden Prairie Road to help mitigate the safety concerns for residents within Hennepin Village. (Edstrom) Response: This comment will be conveyed to the City Council as it considers this issue. aa. A second access onto Eden Prairie Road for Summit Oaks residents would provide ingress and egress from the development if the Spring Road / Prospect Road intersection is such a hazard, thus completing Prospect Road is necessary. (Travis Wuttke) Response: This comment will be conveyed to the City Council as it considers this issue. bb. If Prospect Road is connected, would the speed limit be set at a safer speed such as 25 miles per hour (mph)? This would be consistent with the 30 mph speed limit set for Charlson Road. How will the speeds be monitored? (Matthewson) Response: The statutory speed limit on urban roadways in Minnesota is 30 miles per hour (mph). This is the speed limit applied to residential or connector streets in Eden Prairie. Staff strongly supports this consistency. Miscellaneous Comments a. To go forward with the Turnbull Road expansion would lead to a loss of trust with the City. Building permits have been issued along Turnbull in the last couple years and how could the City turn around and condemn these properties. One of those that could be potentially impacted is a Parade of Homes house. (Linda Johnson) Response: This comment will be conveyed to the City Council as it considers this issue. b. The EAW is not adequate and should be found inadequate in its unamended form. (Strate) Page 24 of 24 Response: Agreed. The comments were reviewed and revisions were incorporated into the Draft EAW to address this issue. c. The City Council should request consideration of other alternatives subsequent to its acceptance or rejection of the EAW. (Strate) Response: This comment will be conveyed to the City Council as it considers this issue. d. The existing neighbourhood within Hennepin Village (Site A) never received public notice and should have. More residents to the west received notice than in Summit Oaks, where only 14% of the residents were informed of the public hearings. (Carroll, Caza, Davis, Tundel, D. Carl, Matthewson) Response: This comment will be conveyed to the City Council as it considers this issue. e. Ask that the City Council look at this area and consider decreasing the density of Hennepin Village Site B in light of the EAW. Eden Prairie has historically kept “green space” in mind and such a large development with the proposed density would scourge the area. (Barron Johnson) Response: This comment will be conveyed to the City Council as it considers this issue. f. Various editorial comments. Response: All comments that were editorial in nature that have to do with semantics or wording have not been addressed individually. 06 - Leslie Stovring From: Jill Andersen Uillster519@yahoo.com ] Sent: Saturday, March 31, 2007 2:28 PM To: Leslie Stovring Subject: Prospect Road-opposed to completing through to Eden Prairie Road Hi, Leslie- I attended the sessions held last summer at the old Cedar Hills Clubhouse to help me understand the issues surrounding the completion of Prospect Road through to Eden Prairie Road. I oppose completing this road through to EP Road for a number of reasons: 1. Environmental impact, and destroying one of the few remaining, truly beautiful prairies left in Eden Prairie. 2. Trying to mitigate the steep slope on what is now the western end of the road would require exorbitant amounts of fill. 3. I don't think the city is looking far enough ahead regarding the traffic issues. 2008 is simply too short sighted. The gentleman I met with at Cedar Hills last summer indicated how much development was slated to take place on the south end of Eden Prairie road in the next few years. I remember a figure of about 200-300 more households would be added on Eden Prairie Road nearer to 212. He also said that the city is planning to close off EP Road at 212 because of traffic issues on 212. That would send all this traffic north, and none of these roads seem equipped to handle that much more capacity. Not to mention that in a few years, traffic on the old 212 will now be on the NEW 212, so the EP Road/212 intersection will have much lighter traffic than it does currently. 4. Sending that much more traffic through the heart of a residential neighborhood (Summit Oaks and Hennepin Village) will decrease property values and endanger our children. One of the few large green spaces available for recreation in this high density neighborhood is on the corner of Prospect Road and Porchlight Lane. Many children and families use it for recreation: Frisbees, football, wiffle ball, etc. That would seem incompatible with increased traffic on Prospect Road. I feel very strongly that the city needs to take a longer term look at the impact of what extending Prospect Road will have on the neighborhood and the environment. Please consider the large number of homes slated to go on the south end of EP Road, and keeping the EP Road/212 intersection open to help handle this capacity, rather than funnel these cars through a high density neighborhood with lots of children and pets. Thanks for listening. Jill Andersen 15751 Porchlight Lane Eden Prairie, MN 55347 952-974-8007 Looking for earth-friendly autos? Browse Top Cars by "Green Rating" at Yahoo! Autos' Green Center. 4/5/2007 Lorene McWaters From: Sent: To: Cc: Subject: Jill Andersen pillster519@yahoo.com ] Thursday, April 05, 2007 7:08 PM Philip Young; GRP-AllCouncil; pete@rockfordinc.com ; jstoltz@shopnbc.com ; raymond_stoelting@golden.com ; jlkirk4@aol.com ; frankpow@comcast.net ; jerry@pitzrick.com dhc@att.net ; Steve Lyon Prospect Road extension-OPPOSED To Eden Prairie City Leaders: I attended a session held last summer at the old Cedar Hills Clubhouse to help me understand the issues surrounding the extention of Prospect Road through to Eden Prairie Road. I oppose completing this road through to EP Road for a number of reasons: 1. Environmental impact, and destroying one of the few remaining, truly beautiful prairies left in Eden Prairie. 2. Trying to mitigate the steep slope on what is now the western end of the Prospect Road would require exorbitant amounts of fill. 3. I don't think the city is looking far enough ahead regarding the traffic issues. 2008 is simply too short sighted. The gentleman I met with at Cedar Hills last summer indicated how much development was slated to take place on the south end of Eden Prairie road in the next few years. I remember a figure of about 400 more households would be added on Eden Prairie Road nearer to 212. He also said that the city is planning to close off EP Road at 212 because of traffic issues on 212. That would send all this traffic north, and none of these roads seem equipped to handle that much more capacity. Not to mention that in a very short time, traffic on the old 212 will now be on the NEW 212, so the EP Road/212 intersection will have much lighter traffic than it does currently. 4. Sending that much more traffic through the heart of a residential neighborhood (Summit Oaks at Hennepin Village ) will decrease property values and endanger our children. One of the few large green spaces available for recreation in this high density neighborhood is on the corner of Prospect Road and Porchlight Lane. Many children and families use it for recreation: frisbee, football, wiffleball, etc. Prospect Road runs the length of this green space/recreation area, and the increased traffic brought on by extending Prospect Road would emperil our children at play. I feel very strongly that the city needs to take a longer term look at the impact of what extending Prospect Road will have on the neighborhood and the environment. Please consider the large number of homes slated to go on the south end of EP Road, and keeping the EP Road/212 intersection open to help handle this capacity, rather than funnel these cars through a high density neighborhood with numerous children and pets. The city MUST perform in-depth traffic studies to assess the impact that 400 new homes will on the safety of the Summit Oaks at Hennepin Village neighborhood. To not do so is shortsighted, fiscally irresponsible, and a disservice to the taxpaying residents of Summit Oaks at Hennepin Village. Thanks for listening. Jill Andersen 15751 Porchlight Lane Eden Prairie , MN 55347 952-974-8007 Aqua Essence ReSource AquaEssence ReSource assists in the convergence of scientific, educational, business and spiritual communities in regard to sustainable freshwater use, management and protection. April 5, 2007 City Planning Commission City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Hennepin Village Roadway Alternatives Dear Member: AquaEssence ReSource (AERS) is interested in commenting on the EAW: Hennepin Village Roadway Alternatives. AERS is a Minnesota based, non-profit organization dedicated to raising awareness around the central importance of water. AERS has provided forums for concerned leaders and members of interested communities to develop ideas that expand current water practices, policies and technologies and help to provide workable global solutions for our rapidly declining freshwater resources. The United Nations General Assembly adopted Resolution 58/217 in December 2004 entitled: Decade For Action: "Water for Life, 2005-2015". This resolution calls upon governments, national and international organizations, non-governmental organizations and the private sector to take advantage of this decade to focus on sustainable freshwater use as well as the implementation of proper management and environmental protection. Minnesota is known around the globe as "the land of ten thousand lakes". Therefore, it seemed appropriate for AERS to host an International Water Conference in recognition of the United Nations' newly adopted resolution. AERS, with the support of the United Nations and A Single Drop, hosted this International Water Conference in Hopkins, MN during April of 2005 called Bridging The Water Gap. Through the use of traditional presentations, interactive workshops and celebration Bridging The Water Gap achieved an attendance of nearly two thousand people. As you are well aware, Eden Prairie is listed in the Top Ten cities in the nation by Money magazine. Congratulations! AERS believes there are very good grounds for that status. Of the many, varied reasons for the Top 10 designation, AERS will concentrate this comment on the quality of life. Eden Prairie has more than 170 miles of multi-use trails, 2,250 acres of parks, and 1,300 acres of open space. According to the city's own website: "Eden Prairie is home to a wide diversity ofwater resources, including 15 lakes, 513 wetlands, 177 storm water ponds and 3 creek systems. Because of the prominence of lakes, creeks and wetlands in Eden Prairie, protecting these resources is important, The City has initiated many projects over the years to control flooding caused by storm water runoff In addition, it has taken steps to protect and improve the water quality of our wetlands and lakes." 12002 County W9eld 11, Buntroilk, 1ff 55337 info@aquaessenceresource.org 612.245.7979 or 952.890.3141 Page Two The Hennepin Village Roadway Alternatives EAW directly relates to the water quality of life in Eden Prairie. A vast array of communities are able to produce low crime, good jobs, and first-rate healthcare, however the amenities Eden Prairie can provide somehow brings the city into the top ten! Some may ask how? Eden Prairie has answered through action. Much effort has been provided on behalf of environmental quality of life. This is a big issue in Minnesota. Eden Prairie has become a leader in the metro area and its' own state! AERS supports the city in preserving this quality of life through best practices regarding roadway and development alternatives. AERS will comment on the potential impacts of the EAW #6b & #1I-17. 6. b. [In this section the city has provided 6 alternative roadway proposals.] The City of Eden Prairie has commented on both Prospect Road and Miller Spring as follows: Project Qualifications: The City describes the road as necessary, because it is part of the master plan that was originally drafted more than twenty years ago. The City's other justification for the road is "if in the future the City chooses to terminate Eden Prairie Road and after that happens, a catastrophic event happens that would close Eden Prairie Road to traffic, then residents would need to use Prospect Road to cross to Spring Road" Miller Spring "Historic Fredrick-Miller Spring has a long history of active use. Exactly how long the spring has been used is not known. The earliest recorded mention of springs and seeps comes from mid-nineteenth century government surveys and the diaries and memoirs of the area's first Euro-American settlers. Based on these sources, it is known that springs and seeps occurred in relative abundance in the valley areas and that these sources of clean water were highly sought. The City of Eden Prairie acquired the property in 1969 and made improvements on the site in 1972 and in 2003. Little else disturbs the spring site and today it appears much like it did in 1890. "... AERS believes that the city has made declarative comments through these and other previously affirmed public statements. Twenty years ago Eden Prairie was quite a different place. Much growth has taken place. Recognizing there is a grand opportunity to preserve an area that has remained 'untouched' is a privilege Eden Prairie seems to have already chosen. This is an occasion to provide natural, historical and archeological opportunities while also safeguarding an important watershed area. Updating roadways already in existence rather than creating a new, non-sustainable alternate route seems to be the logical direction to take. AERS supports the city of Eden Prairie in preserving the described Prospect Road area for this and future generations' education and utilization. EAW #11-17: 'Varied water issues described.] AERS believes the answer, to the above mentioned bullet points, comes through Eden Prairie's progressive thought process stated below: "The City of Eden Prairie is committed to conservation by working to protect natural areas, provide water conservation incentives, minimize impacts of development, facilitate recycling and reuse of materials, design and build trails to support understanding of the environment, provide information on ,green building and remodeling, and involve residents in environmental education. This page will provide residents with information related to conservation and ideas on how to conserve resources in our day to day lives." Environmental Services, Leslie Stovring Page Three "Protection of our groundwater resources is important as this is where we get our drinking water. The area from which water is supplied to the City's drinking water wells is termed the "Wellhead Protection Area". This area is to be protected and managed to maintain or even improve the quality of our drinking water. As a result, a Wellhead Protection Plan (WHPP) was developed in 2004 which outlines a set of goals and objectives that the City will follow in order to meet or exceed drinking water standards. During development of the WHPP it was determined that the City has relatively young surface water. As a result it is considered to be more susceptible to contamination from activities at the land surface than many other cities in Minnesota. Due to the vulnerable rating of the aquifer, it has been concluded that land usage is a concern and a series of management strategies to address land use and public awareness were developed These are listed as Action Items in the WHPP." Both statements, adopted by the Eden Prairie City Council, perfectly sums up the answer to the circumstances AERS understands is asked by the EAW bullet points numbered 11- 17. This second statement signifies the importance of the City Council's decision regarding the PAW and its' implementation on the water quality in Eden Prairie. Best practice management standards keep our waters pure and available for public use. AquaEssence ReSource believes that one person, given the tools to make a difference, can raise the awareness of those around them. This awareness happens by using the opportunities presented as "teachable moments". The acceptance of change, as a universal constant, can become the implement of those tools. We, alone, do not change a situation. However, a council of individuals can make an enduring difference! Your personal decision, as a member of the Eden Prairie City Council, will be that difference. AERS supports the guidelines Eden Prairie's city council has adopted previously and feels certain that this current decision is in good hands! AERS thanks you for this opportunity to comment on the PAW. Sincerely, .44-kg 'Q 'A inn/1 Diane Jankord, Sharon Mullen and Terri Peterson Co-founders, AquaEssence ReSource Attachment: Bridging the Water Gap conference guidebook 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 au 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 rodd 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 p oppss. Sincerely, Michael D. Boland 13579 Berkshire Lane Eden Prairie, MN 55347 612-751-5800 Carroll 9776 Cupola In (952) 270.5375 Eden Prairie, MN 55347-3622 dhc@attnet March 26, 2007 Mr. Scott Neal, City Manager City of Eden Prairie, Minnesota 8080 Mitchell Road Eden Prairie, MN 55344 Re. Hennepin Village Roadway Alternatives EAW: Comment on Paragraph 21 and on Safety Impacts that Warrant Further Investigation Dear Mr. Neal: I appreciate this opportunity to comment on the Hennepin Village Roadway Alternatives EAW. Pursuant to the purpose of the EAW, comments will be received to address the accuracy and completeness of the material contained in the EAW, as well as potential impacts that warrant further investigation before the project is commenced. Accordingly, my enclosed detailed comments will be directed to the following four issues. (1) With reference to Appendix A of the EAW, the inadequate treatment of additional development scenarios and the impact thereof on traffic patterns. (2) The inappropriate, unsupported and misleading conclusion in Paragraph 21 of the EAW that "No operational or safety issues would be anticipated from these volumes." (3) Failure of the process to adequately address the public safety impact of the project on the residents of Hennepin Village. (4) Procedural irregularity in failing to furnish notice to the residents of Hennepin Village. Thank your for your consideration of my comments and for entering them into the record. Verytruly yours, David H. Carroll HENNEPIN VILLAGE ROADWAY ALTERNATIVES EAW: COMMENTS OF DAVID H. CARROLL ON MARCH 26, 2007 PARAGRAPH 21 AND ON SAFETY IMPACTS THAT WARRANT FURTHER INVESTIGATION Page 2 of 4 My name is David Carroll. My residence is 9776 Cupola Lane, which is in Hennepin Village. Hennepin Village is also known as Site A in some of the EAW project maps. My comments are directed to the following four issues. (1) With reference to Appendix A of the EAW, the inadequate treatment of additional development scenarios and the impact thereof on traffic patterns. (2) The inappropriate, unsupported and misleading conclusion in Paragraph 21 of the EAW that "No operational or safety issues would be anticipated from these volumes." (3) Failure of the process to adequately address the public safety impact of the project on the residents of Hennepin Village. (4) Procedural irregularity in failing to furnish notice to the residents of Hennepin Village. FIRST ISSUE: INADEQUATE TREATMENT OF THE DEVELOPMENT SCENARIOS The EAW has assumed only one development scenario, namely the development of 90 single family residential homes in the Oak Creek development, and 40 single family residential homes in the Sky Lane development. While this scenario has the merit of being likely to occur, it falls far short of representing the final build-out of the EAW area, which could very well be as many as 400 homes. The City has an obligation to evaluate road projects comprehensively and in the big picture, to ensure that the projects are in the best long term interests of all residents. By failing to consider development scenarios that are most likely to accurately represent the final build-out, the EAW falls far short of its purpose of being a source of information to guide other approvals and permitting decisions. To speak plainly, I am concerned that the EAW has assumed a development scenario that essentially ensures the wrong decision about the impact of traffic on the Hennepin Village neighborhood and throughout the EAW area. The EAW development scenario HENNEPIN VILLAGE ROADWAY ALTERNATIVES EAW: COMMENTS OF DAVID H. CARROLL ON MARCH 26, 2007 PARAGRAPH 21 AND ON SAFETY IMPACTS THAT WARRANT FURTHER INVESTIGATION Page 3 of 4 is a short term scenario whose number of homes is low enough to avoid triggering a disruptive situation that would significantly increase peak hour traffic flow through Hennepin Village. That situation is peak hour traffic congestion on Eden Prairie Road, which would induce drivers to choose the faster if marginally longer "alternative route" through Hennepin Village and Char!son Road. I am concerned about the morning peak flow of agitated drivers among school buses and waiting groups of children. I am also concerned about the evening flow of tired drivers among children on bicycles and adults pushing strollers and walking dogs. A full and fair consideration of additional EAW area build-out scenarios is essential for providing appropriate information to the City to assess the traffic flow impact on Hennepin Village. SECOND ISSUE: THE INAPPROPRIATE EXPRESSION OF A MISLEADING AND UNSUPPORTED CONCLUSION IN PARAGRAPH 21 I find it troublesome and contrary to the purpose of the EAW that the authors would opine that "No operational or safety issues would be anticipated from these volumes." As the City Council explained in the Public Hearing Notice, the EAW "is simply a source of information." Appropriate information for helping with the evaluation of the public safety issue would be in the nature of the type and frequency of pedestrian activities in the vicinity of Prospect Road, the number and frequency of children playing and riding bicycles in the area, the number and frequency of children playing catch or soccer in the grassy unfenced park adjacent Prospect Road, residential parking needs, whether the generally straight routing of Prospect Road invites speeding, whether the steepness of the proposed Prospect Road extension as it rises into Hennepin Village from Riley Creek creates blind spots, and so forth. The authors of the EAW have made no effort whatsoever to understand the character of the Hennepin Village neighborhood through which Prospect Road passes, or the impact of road design flaws on the safety of the residents of Hennepin Village. Their unsupported conclusion that there are no public safety issues is reckless and irresponsible. HENNEPIN VILLAGE ROADWAY ALTERNATIVES EAW: COMMENTS OF DAVID H. CARROLL ON MARCH 26, 2007 PARAGRAPH 21 AND ON SAFETY IMPACTS THAT WARRANT FURTHER INVESTIGATION Page 4 of 4 THIRD ISSUE: FAILURE OF THE PROCESS TO ADDRESS PUBLIC SAFETY Critical factors for assessing the public safety issues in Hennepin Village must include realistic peak traffic flow patterns, Prospect Road design flaws, and the character of the Hennepin Village neighborhood through which Prospect Road passes. To my knowledge, the process thus far has not generated any documented information about these critical factors. If the City has generated such information, it should be made know to the public for public review and comment. If the City has not, it is crucial that the City do so, so that the public safety impact of the project on the residents of Hennepin Village may be fully understood. FOURTH ISSUE: INADEQUACY OF HEARING NOTICES I have recently learned that almost no residents of Hennepin Village received notice of the Planning Commission meeting last week, or of this City Council meeting. In my view, every resident within 500 feet of Prospect Road, whether from the proposed extension or the existing segment, should be notified. In effect, the project in question spans the entire length of Prospect Road, since at the very least, parking on the existing Prospect Road segment will have to be banned if the extension is built. As a practical matter, the Prospect Road extension will affect each and every resident in Hennepin Village, and the City owes each and every resident the courtesy of full, consistent and reliable notice. Lorene McWaters From: Sent: To: Cc: Subject: Jae Caza [mcaza@mn.rr.corn] Monday, April 09, 2007 3:59 PM GRP-AllCouncil dhc@att.net Prospect Road John and Mary Caza 9767 Picket Drive Eden Prairie, MN 55347 April 9, 2007 I am writing to express my concern and dismay at the proposed extension of Prospect Road. My husband and I have been residing in Hennepin Village since October of 2006. When we purchased this property, we were not informed of the potential extension of Prospect. Before deciding upon our decision to purchase a home in Eden Prairie, we considered many different locations. One of the deciding factors in our purchase was the fact that Hennepin Village is a very safe neighborhood to live in. We are concerned that extending Prospect Road will adversely affect our safety when driving. As it is now, there is just enough room for two cars to drive by each other at a slow rate of speed. The potential of adding 400 new homes at the end of Prospect will greatly increase traffic. Picket Road, which we live on, has a blind corner turning on to Prospect. The turn onto Cupola is very steep, and increased traffic will make it more hazardous. Even with a reduced posted speed limit, more cars will be dangerous. Just look at Mitchell Road, and how people drive without regard to the speed limit. We were not informed of any previous public hearings regarding this matter, and are disappointed that this has progressed so far. Please consider our valid concerns when making any decisions about extending Prospect Road. Mary Caza March 24, 2007 Mr. Scott Neal City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Neal: On behalf of all the members of the Conservation Commission, I am offering the following comments on the Alternatives presented in the Environmental Assessment Worksheet ("EAW") titled, "Hennepin Village Roadway Alternatives." In addition, we were charged with pointing out areas in which we felt additional data are warranted in order to provide the City Council a sound basis for taking into account environmental issues and concerns relating to the project. We appreciate being able to participate in this process as a citizen advisory body to the City Council. PROJECT MAGNITUDE & CHANGES IN COVER • Item 7, "Project Magnitude" - Alternative 6 has an impact area of 2.16 acres, which is significantly smaller than the other alternatives, a characteristic which we deem to be desirable assuming all other factors are comparable among the Alternatives. • Item 10, "Cover types," - The increase in impervious surface area stemming from Alternative 6 comes solely at the expense of brush and grassland cover, while the other alternatives generate significant loss of wooded forest, ranging from 2-6 acres. Although mitigation measures are suggested for these losses, they are not specific and it seems more desirable to preserve wooded areas for environmental and aesthetic reasons. • Item 25, "Nearby resources" - Alternatives 3, 4 and 5 would require "...tree removals and construction of new roadways on the bluff, changing the appearance of the bluff" This suggests that the mitigation efforts from reforestation for these Alternatives might be limited, and the consensus among commissioners is that the visual aesthetics of the bluffs should be preserved wherever possible. RILEY CREEK & WATER QUALITY ISSUES • Item 11 "Fish, wildlife and ecologically sensitive resources" - Alternative 6 is proposed as either a culvert crossing or as a bridge crossing. Based on the limited information presented, the commissioners feel that a bridge crossing is preferable as it could mitigate potential impact on wildlife migration, upstream migration by fish and a wetland impact. However, the details of a bridge crossing and the construction footprint for a bridge need to be specified before the final environmental effects are known. • Item 17, "Water quality; surface water runoff" - Alternative 6 appears to be significantly worse relative to other alternatives on relative increase in runoff volume and on percent increase in phosphorus export. We would suggest citing the absolute changes to provide a better measure for comparison. This table needs to be clarified in order to provide better data. • Riley Creek is an impaired water for turbidity according to information on the EPA and Minnesota Pollution Control Agency ("MPCA") websites. Since much of the impact of Alternative 6 surrounds Riley Creek and Miller Spring, this is an area where significant additional information regarding the impairment should be provided in order to make good environmental choices. • The EAW states that the study area is "... sensitive to groundwater pollution due to the shallow depth of fractured bedrock aquifers in the area." Indeed, for Alternative 6, a table shows the depth to the water table ranging from 0-20 feet, and the depth to bedrock ranging from 100-200 feet. Measures required to protect the groundwater resources for each Alternative need to be clarified. • Item 17, "Water quality; surface water runoff" - The need for a stormwater detention pond prior to discharging into Riley Creek is discussed for Alternate 6 as a means to mitigate sediment and phosphorus export to the creek as well as some or most of the potential temperature increases to the Creek. However, specific information for these measures are not provided, so the commissioners do not know if they are adequate to protect the Creek, especially given its current status as an impaired water body. • The need to control chloride use during winter road de-icing in order to protect Riley Creek is mentioned in the EAW. However, we do not know if this policy is feasible and if the detention pond design will be sufficient to deal with this issue. What types of mitigation measures are proposed? STEEP SLOPES • Steep slopes present in Alternatives 3, 4, 5, and 6 raise concerns about sediment loads into Riley Creek. It is our understanding that the Metropolitan Council has a water quality monitoring station at the intersection of Riley Creek and Flying Cloud Drive that is being managed by the Riley-Purgatory-Bluff Creek Watershed District. However, this data is not integrated into the EAW. It is our opinion that the data should be provided as part of the EAW review process. This would provide baseline data prior to construction to allow monitoring of the project and to help protect the creek from further turbidity impacts. • Alternative 3, 4, 5 and 6 will require a waiver of the City's steep slope requirements of the City Code. Overall, the Commission is concerned about the advisability of waiving the requirements of an ordinance which was designed to protect environmental values which are specifically impacted by the project in question. How bluff areas will be protected during construction, with a waiver of City Code requirements need to be discussed in the EAW. 1 Page 10. • Discussion of extent of the slopes for each Alternative should be expanded in the EAW to provide a clearer understanding of the potential impacts for each alternative in relation to steep slopes. What percent of grades would be required for each roadway Alternative? FREDERICK-MILLER SPRING There has been quite a lot of discussion surrounding the Frederick-Miller Spring, both within our Commission and in the general public conversation. The spring is cited as a unique and historic resource. However, it is our observation that surprisingly little is known about the Frederick- Miller Spring 2, and hence it is very difficult to evaluate conflicting public statements by various interested parties. Development may impact the recharge zone for the spring as well as the output and/or quality of the water. The discussion in the EAW surmises that the source of the Frederick-Miller Spring is located such that these impacts would likely not occur, but there is no data provided and no foundational geological or hydraulic data was reviewed for the EAW. The Commission recommends that the City petition the Riley-Purgatory-Bluff Creek Watershed District to assist in conducting a delineation of recharge area and hydraulic characteristics of Frederick-Miller Spring given that its benefits freely accrue to residents throughout the District and not just within the City. This data would assist in evaluation of the various Alternatives and whether they are likely to impact the spring. The evaluation could also assist in determining appropriate mitigation measures which should be incorporated into the Alternative selected and whether items such as infiltration could minimize any negative impacts on the spring. FISH, WILDLIFE AND ECOLOGICALLY SENSITIVE RESOURCES Alternatives 3, 4, and 5 pass through a "Site of High Biodiversity Significance," which contains a special concern plant species, Oenothera rhombz'petala 3 (Rhombic-petaled Evening Primrose). In addition, a consultant for the Developer has identified Kitten-Tails, a threatened species, within the corridor for Alternative 6. The Commission recommends that a natural resource survey be conducted for the Alternative selected to ensure that the proposed road corridor avoids any species of concern. If they cannot be avoided, the City should work with the DNR to determine how to move the species of concern or mitigate the impact. TRAFFIC SURVEY The conclusions of the Traffic Survey attached to the EAW are somewhat counterintuitive: its basic premise is that none of the alternatives will generate any new traffic, merely redistribute it. This may be a function of having a short time horizon out until 2008 as forecasting development was not within the purview of this EAW However, it seems clear that the probabilities favor faster development associated with some of the Alternatives provided, which in turn, will 2 In the same MPCA, the staffer noted that there is nothing about Frederick-Miller Spring in the Environmental Data Access Information system, and consultations with the DNR and other MPCA staffers yielded no concrete information. Checks of the U.& Geological Survey's online database also yielded no information. 3 Letter, dated November 13, 2006, from Sarah Wren, Minnesota Department of Natural Resources, to Diane Spector, Wenck Associates. generate more trips, requiring associated additional road upgrades outside the scope of this project. More work needs to be done within the context of broader planning and development activities for this area to provide a fuller picture of the future traffic impacts as the area fully develops. Full build-out conditions should be addressed in the EAW, perhaps in the Cumulative Impacts section. The Commission also recommends that information on a "no-build" alternative be added to the EAW. The issues surrounding re-construction of Eden Prairie Road within its current alignment have not been adequately addressed. The question as to whether the existing roadway could be made safe enough for the traffic needs projected within the EAW needs to be answered. Again, thank you to the Mayor and the City Council for the opportunity to express our concerns and questions on the EAW into the public process. Please feel free to contact me if you have any questions regarding the Commission's comments. Sincerely, Eapen Chacko Chair Conservation Commission Lorene McWaters From: Sent: To: Subject: Jason Davis Udavis6960@yahoo.com ] Thursday, April 05, 2007 7:05 PM Philip Young; Brad Aho; Jon Duckstad; Sherry Butcher; Kathy Nelson; mn03@mail.house.gov ; pete@rockfordinc.com ; jstoltz@shopnbc.com ; raymond_stoelting@golden.com ; jlkirk4 @aol.com ; frankpow@comcast.net ; jerry@pitzrick.com ; dhc@att.net ; Communications E- Mail; GRP-AlICouncil Prospect Road Extension Dear City Officials, Please reconsider the extension of Prospect Road. As a community member of Hennepin Village and a property owner who would be one of the most impacted by the costruction of the extension, I am expressing my concern. It is approximately ten steps from Prospect Road to the side of our house. More specifically, our bedroom. Our safety in our own home would be jeapordized. We could no longer feel comfortable playing in our own yard - as it parallels Prospect Road. We very much enjoy the outdoors and that would no longer be a safe option. The noise factor is another major concern. The amount of traffic through our neighborhood would change the whole dynamic of our great community. I believe I can speak for most of the Hennepin Village homeowners when I say that we purchased homes in Hennepin Village for the scenic, quiet and peaceful surroundings that were so highly promoted by Ryland homes. Whomever is under the impression the road will be lightly traveled needs to find calculator. 400 new homes = approx. 650 additional cars through our neighborhood. One could say with confidence this would be a thru-way for appox. 300 speeding cars through our neighborhood during rush hour. It was unethical of the City to send notification letters of the road extension to only a select few Hennepin Village homeowners. We heard about this from our neighbor. It is also very unfortunate for us to have missed the opportunity to voice our concerns. Please consider ALL options before moving forward with the extension of Prospect Road. We look forward to expressing our concerns and opinions in the presence of the decision makers on April 9th. Thank you for your consideration, Mr. & Mrs. Jason Davis The fish are biting. Get more visitors on your site using Yahoo! Search Marketing. Minnesota Department of Natural Resources 1200 Warner Road St. Paul, Minnesota 55106 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, 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 EPO7HennepinVillageRoadway.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 April 11,2007 To the Mayor, Members of the City Council, Members of the Planning Commission and City Staff: These are our comments on the EAW for Prospect Road and the alternatives to Prospect Road. We believe the EAW illustrates that there are no major environmental reasons Prospect Road should not be built as originally planned. There will be no impact on Miller Spring as was first claimed by the group opposing the road. Any impact of the road on Riley Creek, either with a bridge or culvert, is purely speculative; in any case, it is likely much less than the certain environmental impact of the development itself. That the creek was ever a trout stream is in doubt and that it could be made into one is the stuff of air dreams. The potential environmental damage of any of the remaining alternatives 1 — 5 is far greater than that of Prospect Road. If Prospect Road is rejected, the city will essentially have to start over in assessing the other alternatives because the EAW does not begin to address the environmental, archeological, or economic issues involved in any of those alternatives. Installing a traffic signal at the intersection of Prospect Road and County Road 4 would go far in mitigating the safety concerns for the residents of Hennepin Village. As with the many new traffic signals on County Road 4 between Pioneer Trail and Highway 5, such a signal would increase safety for both Prospect Road and County Road 4 traffic. It would also be advantageous for residents on the east side of the creek to have access to Eden Prairie Road, deemed to be a neighborhood road, as well as to County Road 4, which is the major collector road. What Prospect Road will do is to allow adequate access of emergency vehicles and allow the residents of Hennepin Village to chose to exit the development on either County Road 4 or Eden Prairie Road. The public safety issue of emergency access and traffic issues within Hennepin Village would not be addressed by any of the other alternatives. Our last comment relates in particular to the five houses on the bluff at the end of Eden Prairie Road. We have lived in our house at 10133 Eden Prairie Road for 33+ years. We have raised our four children here, paid our taxes and generally been good citizens and made a positive contribution to the community. Ralph and Patty Nielson who live across the street from us have been here almost as long. Our other neighbors, Barron and Sue Johnson, Don and Valerie Koster and Rick and MagLou Carlson have moved in during the past 5 years, and all of them have completely rebuilt their homes at considerable investment These 5 houses have been here since the 1950's and early 60's. We have a charming, lovely little neighborhood of comfortable (If not grand) homes, spacious lots, and many huge, old trees. Any of the alternatives 1 — 3 would essentially destroy the entire neighborhood, not just the house or houses that would be taken out, as well as destroy the bluff itself. We all have considerable emotional as well as financial equity in our homes and our neighborhood, and we will fight to save what is ours and to save the bluff as well. Dean and Karen Edstrom 10133 Eden Prairie Road Eden Prairie, MN 55347 FAE 6GRE BENSON LIP UNITED STATES 1 ENGLAND I GERMANY 1 CHINA CRAIG COLEMAN ccoleman@faegre.com (612) 766-6981 April 10, 2007 BY UPS OVERNIGHT & EMAIL Mr. Gene Dietz Mr. Scott Neal Director of Public Works City Manager 8080 Mitchell Road 8080 Mitchell Road Eden Prairie, MN 55344 Eden Prairie, MN 55344 gdietz@edenprairie.org communications@edenprairie.org Re: Hennepin Village Roadway Alternatives EAW Dear Mr. Dietz and Mr. Neal: This letter comments on Eden Prairie's Environmental Assessment Worksheet ("EAW") that examines Hennepin Village Roadway Alternatives. The comments are submitted on behalf of the Minnesota River Bluff and Riley Creek Association (the "Association"). The Association is comprised of individuals concerned about the impacts of development on the Minnesota River Bluff in Eden Prairie and the Riley Creek watershed. The Association is particularly concerned about many of the roadway alternatives examined in the EAW. The Association maintains that any alternative other than Alternative 6 (the "Prospect Road Alternative") will cause environmental and traffic impacts that cannot be justified given the efficacy and cost-effectiveness of the Prospect Road Alternative. The EAW is inadequate to support Alternatives 1-5. While the EAW is adequate to justify constructing Prospect Road (with a bridge) without additional environmental review, Alternatives 1-5 would likely require an EIS. The City should construct Prospect Road and avoid the additional environmental review, environmental impacts, and economic expense inherent in Alternatives 1-5 . This conclusion is based on the following: 1) Alternatives 1-5 would destroy environmentally significant acreage The EAW indicates that Alternatives 1-5 would impact substantially more acreage that the Prospect Road Alternative. While Prospect Road would impact only 2.16 acres, the acreage impacted by Alternatives 1-5 range from 6.03 to 9.35 acres. $ee EAW at 3. By extending Turnbull Road across the bluff, Alternatives 1 and 2 (the "Turnbull Road 2200 WELLS FARGO CENTER 1 90 SOUTH SEVENTH STREET 1 MINNEAPOLIS MINNESOTA 55402-3901 TELEPHONE 612-766-7000 1 FACSIMILE 612-766-1600 1 WWW.FAEGRE.COM Page 2 Alternatives") have the most significant impacts by affecting 9.35 and 8.46 acres respectively. Id. The EAW confirms that the acreage taken by Alternatives 1-5 would be environmentally significant. The Turnbull Road Alternatives would destroy valuable wooded areas and wetlands. Alternatives 3-5 would destroy wooded forests directly on the bluff See EAW at 4-5. These lands are significant for several reasons. Id. Some of the wooded areas are among the last remnants of the Big Woods eco-system. These wooded lands are critical to the natural aesthetics of the bluff lands in the area. Finally, Alternatives 3-5 impact lands designated as "Sites of Biological Significance" that contain plant species of special concern. Id. at 6. The Turnbull Road Alternatives would destroy public and private wooded areas that have been carefully preserved. Alternatives 3-5 would construct a road down the face of the bluff. All of these alternatives require additional environmental review if selected. In particular, an EIS would be necessary to survey and study the specific lands impacted by each alternative. 2) Alternatives 1 -5 require additional study of ground and storm water impacts While the EAW closely evaluated the impacts of the Prospect Road Alternative on ground water and storm water management, the EAW contains virtually no analysis of the water quality impacts for Alternatives 1-5. See, e.g., EAW at 6-7. Nor does the EAW address mitigation measures for Alternatives 1-5. $ee EAW at 9 (discussing mitigation measures for Prospect Road runoff). The City's staff acknowledges that Alternatives 1-5 would require additional environmental study before selection in order to assess groundwater impacts and mitigation measures. See City Council Agenda, March 20, 2007. This conclusion is not surprising given the EAW's understanding that "minimal roadway design for Alternatives 1 through 5 has occurred." Simply put, considerable design and study remains before the City has satisfied the environmental review process for Alternatives 1-5. 3) Alternatives 1 -2 fail to examine the development of Dell Road The Turnbull Road Alternatives are not functional traffic and access solutions unless accompanied by substantial improvements to Dell Road. Dell Road's access to Flying Cloud Drive requires reconstruction in order for Turnbull Road to offer viable access to Hennepin Village and developments in its vicinity. Thus, Dell Road improvements are necessarily linked to the Turnbull Road Alternatives and would ineluctably follow. Despite this reality, the EAW fails to provide any study of Dell Road improvements. This is a significant omission because Dell Road, like Alternatives 3-5, travels down the bluff Improvements to Dell Road entail engineering obstacles and environmental impacts due to the grading, slope, and sensitive nature of the area. The Turnbull Road Alternatives should be studied in conjunction with Dell Road improvements before selection. Page 3 4) Alternatives 1-2 entail significant cumulative effects by spurring development The Turnbull Road Alternatives would cause significant cumulative environmental and land-use impacts. Those alternatives would open a new road across the bluff and would also open a north-south access to bluff lands by forcing the City to improve Dell Road. As a result, the Turnbull Road Alternatives would inevitably spur and accelerate substantial new development along Dell Road. The EAW acknowledges the likelihood of cumulative impacts from the Turnbull Road Alternatives, but fails to provide any assessment of those impacts or to consider mitigation measures. See EAW at 15. Prospect Road was considered in the context of concrete proposed developments. With Hennepin Village, the City planned development in conjunction with road solutions to increased traffic demands. In contrast, the Turnbull Road Alternatives will inevitably accelerate development and unforeseen, unexamined environmental impacts that would result. While City staff have indicated that Dell Road improvements will be necessary to meet needs not examined by this EAW, those improvements should be considered and studied in the context of a concrete, formal proposal. Accelerating Dell Road improvements would cause significant environmental effects and would demand environmental review. 5) Alternatives 1 -5 require additional traffic study The traffic analysis attached to the EAW provides a thorough assessment of the impact of the Prospect Road Alternative by focusing on key intersections affected by the Prospect Road extension. However, it fails to examine adequately traffic impacts from Alternatives 1-5. In particular, the traffic study omits many of the critical intersections that would become traffic pressure points if those alternatives are selected. For instance, there is no assessment of traffic impacts on Turnbull Road or Dell Road intersections. Additional traffic study is necessary before Alternatives 1-5 can be selected. The traffic study makes overly optimistic projections of future traffic demands by failing to consider future developments. Inclusion of likely developments in the traffic analysis would materially change the results. Finally, the EAW and its traffic analysis fail to account for significant safety hazards that would arise if either of the Turnbull Road Alternatives is selected. Children regularly cross Dell Road to access Crestwood Park and will cross both Turnbull and Dell Roads to access the Riley Creek Conservation Trail system. Turning these roads into major thoroughfares would pose unacceptable safety hazards to children living in the area. 6) Letters by state agencies confirm that Alternatives 1-5 necessitate further study Page 4 Letters submitted by the Minnesota Department of Natural Resources and the Minnesota Office of the State Archaeologist confirm that Alternatives 1-5 have the potential to cause significant environmental effects. These agencies explained that Alternatives 1-5 have the "probability" of impacting protected burial, archaeological, and biological lands. As such, the agency letters demonstrate that an EIS would be necessary before Alternatives 1-5 can be selected. In sum, the EAW indicates that Alternatives 1-5 would cause significant environmental effects. As such, preparation of an EIS is necessary before selecting Alternatives 1-5. See Minn. Stat. § 116D.04, subd. 2a ("Where there is potential for significant environmental effects resulting from any major governmental action, the action shall be preceded by a detailed environmental impact statement prepared by the responsible governmental unit."). In contrast, the EAW demonstrates that constructing a bridge to extend Prospect Road would not lead to significant environmental effects. The EAW includes extensive analysis of the impacts of Prospect Road on land, water, wildlife, and traffic, and in each case potential impacts from bridge construction are inconsequential. Construction of the Prospect Road bridge would even offer recreational benefits by facilitating access to the Riley Creek corridor. It would be consistent with the City's long-term planning of maintaining recreational trails along Riley Creek. Apart from environmental impacts, Alternatives 1-5 should be rejected due to their substantial economic costs. The developer of Hennepin Village committed to fund construction of the Prospect Road extension during the land-use approval process. While the developer should also be responsible for funding Alternatives 1-5, those alternatives include land acquisition and condemnation costs that the City may have to bear. Given the value of the lands in question, those costs would run into the millions of dollars. The City approved Hennepin Village with the intent to construct Prospect Road, and the developer received approvals for Hennepin Village with that understanding. No one disputes that Prospect Road will adequately service Hennepin Village and solve traffic- related issues. Prospect Road is the only alternative that provides two access points to Hennepin Village, a safety requirement identified by the Eden Prairie Fire Marshall when the development was initially approved. Because the EAW demonstrates that Prospect Road will have minimal environmental impacts, it makes no sense to reverse course and entertain dramatic road construction alternatives that would necessitate considerable environmental review, entail enormous costs, and destroy some of Eden Prairie's most valuable lands. Craig Coleman Hennepin County Transportation Department 1600 Prairie Drive Medina, MN 55340-5421 612-596-0300, Phone 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. 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 Facilities Requesting Access to County Roadways Type of Access Minor Arterial Roadways Undivided Divided Collector Streets Non-Public - Low Volume (<1,000 ADT) • Res'dental Driveways • Low Trip Generating Commercial Full Movement Access @ 1/8 Mile (660 ft) Partial Access 1/8 Mlle (660 ft) 1/16 Mlle (330 ft) Local Public Streets • Local Residential Streets Full Movement Access 1/4 Mlle (1,320 ft) 1/4 Mile (1,320 ft) 1/8 Mile (660 ft) • Local Minor Collector Streets Partial Access o 9 1/8 Mlle (660 ft) Non-Public - High Volume (> 1,000 ADT) • Shopping Center entrances • Large Apt Complexes • Large Industries, industrial Park Entrances Full Movement Access 1/4 Mile (1,320 ft) 1/4 Mile (1,320 ft) 1/8 Mile (660 ft) Partial Access ..0 1/8 Mlle (660 ft) 0 1 0 Arterial and Major Collector Roadways • Principal Arterials (state highways) • Minor ArteriaLs and Major Collector Roads Full Movement Access 1/4 Mile (1,320 ft) 1/4 Mile (1,320 ft) 1/4 Mile (1,320 ft) Partial Access v Full Access Allowed \ 0 Notes: 1) Urban definition is based on being within the Year 2000 Metropolitan Urban Service Area boundary (MUSA) - Access via alternative 2) 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 Facilities Requesting Access to County Roadways Type of Access Minor Arterial Roadways Undivided Collector Streets Greater Than 7,500 ADT * Less Than 7,500 ADT • Non-Public - Low Volume (< 1,000 ADT) • • FtesIdental Driveways • Low Trip Generating Commercial Full Movement Access 1/4 Mile (1,320 ft) 1/8 Mile (660 ft) 1/8 Mile (660 ft) Local Public Streets • Local Residential Streets • Local Minor Collector Streets Full Movement Access 1/4 Mile (1,320 ft) 1/4 Mile (1,320 ft) 118 Mlle (660 ft) Non-Public • High Volume (>1,000 ADT) • Shopping Center entrances • Large Apt. Complexes • Large Industries, Industrial Park Entrances Full Movement Access 1/4 Mile (1,320 ft) 1/4 Mile (1,320 ft) 1/8 Mile (660 ft) Arterial and Major Collector Roadways • Principal Arterials (state highways) • Minor Arterials and Major Collector Roads Full Movement Access 1/2 Mile (2,640 ft) 1/4 Mlle (1,320 ft) 1/4 Mile (1,320 ft) 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 HEIVNEPIN COUNTY TRANSPORTATION SYSTEMS PLAN (HC-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 Minimum Entering Sight Distance Desirable Driveways and Street Entrances (existing & minor construction) MnDOT Road Design Manual Practice (major new construction) Speed (MPH) 10X Speed Limit (ft) Site Distance to Left (ft) Site Distance to Right (ft) Distance to Right and Left Street Entrance (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 April 11, 2007 To: Mayor Phil Young and all City Council Members Planning Commission Members City Staff From: Barron and Suzanne Johnson 10065 Eden Prairie Road Eden Prairie, MN 55347 Re: Comments on the EAW for Roadway Alternatives to Prospect Road Honorable Mayor, City Council Members, Planning Commission Members and Staff, Thank you for reviewing all public comments on the EAW and Prospect Road alternatives. We have been attending all meetings and listening to comments from all parties involved and do not envy your task of having to make a very difficult decision on which road proposal to choose. However, we feel that the right decision will be made in the end for the residents and City of Eden Prairie. Our comments on the EAW are brief and as follows: First, we would like to comment on the title of the EAW: Hennepin Village Roadway Alternatives. This is a Hennepin Village issue, primarily, and as such that should be kept in mind. There are only 5 "alternatives", as the 6 th "alternative" (Prospect Road) is not an "alternative". It is the approved road that the Planning Commission and the City Council approved 5 years ago. As you know, the EAW was discretionary and completed as a result of concerns from citizens that Prospect Road was not the best choice for the environment. After reviewing the findings, Prospect Road CLEARLY stands out as the most "environmentally friendly" alternative of all road alternatives presented. Putting in any of the other alternative roadways would do far more damage to the environment, the sensitive bluff areas, and require very expensive land acquisition at the expense of the City. Not to mention far more in-depth research/cost to explore ANY of the other options proposed with an EIS, as the EAW identified many potential issues with burial grounds, sites of archeological interest, and plant species that were considered "threatened or endangered" by the DNR. Alternatives 1-5 would also see the removal of wooded forest (see questions #10 in "Cover types" with the estimated acreage each site would require to be lost in order to complete each option.) Significant legal fees would also be incurred by the city if alternates 1-5 were chosen. Again, Prospect Road stands out as the least invasive and less expensive choice in these regards, CLEARLY. We would also like to comment on the Traffic Impact Study. The study was not complete and woefully inadequate in the proposed future development of the second site of Hennepin Village that is planned. We would recommend that a real traffic study be done with the proposed future development of up to 400 housing units in this area. The current study does not even come close to being accurate stating "The proposed project would not generate new traffic, but would reroute existing and future traffic". The "future traffic" has not been taken into consideration. We also support the closing of Eden Prairie Road at Highway 212 for safety reasons, and support the use of breakthrough barriers for emergency vehicles only, as the great majority of traffic on Eden Prairie Road flows North and is not neighborhood traffic, but rather transient, and the new Spring Road/County Road 4 is the preferred route, as per discussions at both the City Council meetings and the Planning Commission meetings. Also, we ask your consideration in the area that is set for future development in the bluffs area. In our opinion, it is too high of density for that area of Eden Prairie. It will be a shame to see an identical "Hennepin Village" in the beautiful bluffs area, with the proposed 90 homes going in to the South of Cedar Hills Golf Course and it is our recommendation in light of the EAW to look at that area again and decrease the density of the Hennepin Village site B, due to the economic biodiversity of the area. We understand that this would decrease the tax base for the City, but we feel that is the right approach to maintain the beauty of the area. Eden Prairie has historically kept "green space" in mind, and such a large development with the proposed density would scourge the area. Thank you for reviewing these comments and taking them into consideration. We understand that this is a process that must be followed through in regards to the EAW. The primary objective of the EAW was to assess the best option of the roadway alternatives presented, which it did, and Prospect Road is the clear choice for the City to continue to support (as it has already approved this road once). Sincerely, Barron and Suzanne Johnson Leslie Stovring From: btj1965@att.net Sent: Wednesday, April 11, 2007 12:47 PM To: Gene Dietz; Communications E-Mail; Leslie Stovring Subject: Public comments on EAW Attachments: EAW Comments to the City.doc Dear Mr. Dietz, Mr. Neal and Ms. Stovring, I am sending along comments that I wish to be added to the public comments on the EAW for the Hennepin Village Roadway Alternatives. (Better late then never, I guess). Please include them in the packets of information that the Planning Commission, City Council and the City Staff are to review. Should you have any questions, please feel free to contact me at 952-906-0488. Thank you. -- Sue Johnson 4/11/2007 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. Todd K. Johnson - Resident 10020 Dell Road Eden Prairie, MN 55347 Cc/Mr. Gene Dietz, P.E., Director of Public Works Q-D)vq, di 1-km i:tit tots-I barbara mackey kaerwer 12800 gerard drive eden prairie, minnesota 55346-3130 tel/fax 952-941-2290 00\,-;04 ,r2.(firt Crti,(fri,ek-v 0 Tic \IA:A-A A 'goad r3 L14-LL -4J> Latl)i vo w cc*: \Cfu, 0 kiLrost , li,„x•rx ovd; t ,4 0.4e1 na..iikLAA .r)4 (eus) ThkJ -1-10 L v c't st14 (51 cou P-ea yLa vivi\.)s 1Rs \u/sto'iN yAs) Inixf '?i›f), v)2> 1' Lti kg,,t iwe uu ? I OF a,An ves-totA\41 )O,t42pv\ii Amlaiv-i-t A V (JkaoSt HO° A oak QJkJ3gs1,--6elj E 6-2).) g , cit '-wv‘-i -k4;(2.(11 11\5' OAkIldT I 0 Skr ctvoi 2, a, „42)-(41p Qj4iuY tii aA \;Y>lYv-011:1„ 1 , 6-kri 6-rh; W,/ z vo 0 \A-91k 1 Let Pli2-3" iphdltk +LI °1 4 -flAdoiv3 cj i _0.7:11'„" rtd-q4-, Lorene McWaters From: Sent: To: Subject: ron kosteliz [rkosteliz@yahoo.com ] Sunday, April 08, 2007 9:41 PM GRP-AllCouncil EXTENDING PROSPECT ROAD FROM HENNEPIN VILLAGE TO EDEN PRAIRIE ROAD Dear Councilmembers: I'm a resident of Hennepin Village. My name is Ronald Kosteliz, residing at 9756 Gable Drive. My home is about 50 feet from Prospect Road. We do not have a burm to protect us from traffic on Prospect Road. I was told that the traffic on Prospect Road would be light. I WAS NEVER TOLD, NOR MY NEIGHBORS, THAT PROSPECT ROAD WOULD BECOME A MAJOR ROAD. EVERY PERSON I HAVE TALKED TO, IN HENNEPIN VILLAGE, STATED THEY WERE NEVER TOLD THAT EDEN PRAIRIE ROAD AT 212 WOULD BE CLOSED. We were all told that houses would be built by Eden Prairie Road and that Prospect Road would be extended to these homes, per Ryland Homes. Prospect Road has bad sight lines, blind spots and with more traffic, I think we will be in for some BIG SAFETY PROBLEMS. Prospect Road and Spring Road have problems with traffic in the morning and at night. Close 212 at Eden Prairie Road and it will just add to the problem. Prospect Road through Hennepin Village, was never built to handle or accomodate all of this traffic and make it a through highway. I say, don't extend Prospect Road but let Eden Prairie Road be the outlet for the 90 Hennepin Village/Ryland homes to be built. The outlet for the homes should be Eden Prairie Road to Spring Road to 212. Thank you for your consideration regarding this issue. Ron Kosteliz 8:00? 8:25? 8:40? Find a flick in no time with the Yahoo! Search movie showtime shortcut. http://tools.search.yahoo.com/shortcuts/#news 9 2 e-c,J /14 -tE5 N'Ide /1 6---a-k7- r f_sr r;t, P5 v d pro -s-/pz--c7 i?e/ s )44, RLs. o If 776:ay 547 41 ,s7 - 3 1 ir €s t c iy >45: //7 R (IA k/a e ;442 ,eci krt.) /-27 "c /1 o a- rify /574i 7 /-74/r-- 6-4 -x/ cts i? a ./ e 7c7 Am? ey ,ti 6,5 /.,0. 6/7 -C-7- 7,2 Wci / 7 C- r /t2 -- /c/ s/4. 77) c.t9i 17-/ a 9 >y kin) zo 7`7 clASF -- 747;27S A p e4 4E- "7' hai- /7) //exg.:_z> 2E: ?z-66/1ct c, ,6E- ifEe?.,--1.E2 G4) 1)4 E t/t;_r;).0 O -c y 444 /pis) Al 6)-r- ?C k fr_E--zzp /FE lb krf /al Def rEs7ortA6 -E-- --7L0 -.7174E 579 (. 74-23 17-69 /7 0 \_c-Jcz-zi--/-y ca,c) // z> -fe//e2l:7 /c2sT //0 fre/jr ) /72 112E75717 ,/17/ e ct7LE: 122 Z-f,t17- (&cE / rc eLS -AL Rot?.0 fs. cke__A..7 9 4- Re a,S ca r5 ,;6)i .,// c1614/).t) )4 7-A) 5//oz. 6,up /5 7 ) ii2R 06 /fhIE 1/0 T2i) F-- i R.. 9 7 / n 6of )9.65a,2s ack co/t3c,6k./0 s'L--Fil.--7Ly cis • Q7./5 /37 72T 1/7i3 6r -cty /77 4f-1,/ TcLs czsg LkS of o r Id+ .1e_p fra As to Prospect Road, this matter will be reviewed by the Planning Commission and the Council in the next five weeks. To put this matter into historical perspective, it is important to remember that Prospect Road was part of the original plan for the development of Hennepin Village. The currentftetindl has been sked to look at alternatives and has done so, but even this step is unprecedented as roads are usually built as the master development plan specifies. I do not know what Ryland told prospective purchasers but the plan has always been to build Prospect Road. This may change, but i think that is unlikely. • -fe:9R7Eri /f. / 5 — tc. ds/ cc , Rthcii 17/1),D v/e-c./Z e,-()/// h//c- 57-4/s 1,5S ti&Z ,46 17D •Pct_h l" Excel/ 6 )c,L,R y phr ./ f --/-67 /4) cL. mc-L7 / /la v p 17)A5S e c_D 7 17) ckli-/:-:LS,S P-/ ff) di ‘d. 10 -t 17c/a4-6, 6clz (,/t Hc/ bt5 ?614 2, Ch (O/0 74-0 (;21,2 I-245 th WZZ /1---7-4//cir.-;E:i Qv--•TL i rks z-ts r 7-; /km)y ,6 ,e.t:7',7 fV Q Aie /?)a: v /((s7 47227/---c fl) pro6/E/i7 `74.- p p rsicJt / cocz6 -24gy 1 re 6-6? 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I ?r,e25? •Rei °J-r 15- kit/ fis /7- eiTa,tg 71-odeof 1--iLtp rna a i Ocal - re- Nfei rc-E. E -1-e:,) do$ E 'Rd CL A3 a--66.8`cr Leslie Stovring From: Sent: To: Cc: Subject: Stuart_Mathewson@swissre.com Thursday, April 05, 2007 5:22 PM Communications E-Mail Leslie Stovring; GRP-AllCouncil; raymond stoelting@golden.com ; pete@rockfordinc.com ; jstoltz@shopNBC.com ; Jlkirk4@aol.com ; -rankpow@comcast.com ; Jerry@Pitzrick.com EAW Report - Prospect Road Mr Scott Neal, the Eden Prairie Planning Commission and the Eden Prairie City Council I am a resident of Hennepin Village - 9759 Cupola Ln I have several comments to make on the current proposal on extending Prospect Road to serve as the major through road from Eden Prairie Road to the south. The road was originally approved as a local road to connect two sections of Hennepin Village. There was no thought in the design that it would carry significant traffic loads The proposed closing of the 212/Eden Prairie Road intersection obviously changes this dynamic drastically The huge additional development near Beverly Road was also not in the plan My first thought is - why chose to close the intersection with this growth? Has there been any thought on improving the intersection itself. It is hardly the fault of our area that Eden Prairie Road was designed as a rural road and not updated through the years. Should we bear the traffic problems of all this new growth on Eden Prairie Road just because the traffic issues weren't worked out? I suppose the answer is that there was, on the map, an approved extension of Prospect Road. That looked like an easy fix. But, Prospect Road is not just a line on a map - it is a local road, designed for traffic within a designed development I ask that you, the planning commission members and the city council to drive the road before telling us that it can serve as a major through-route between the 400+ houses near Eden Prairie Road and all points south. After driving it, imagine the safety issues and the drastic change in character of the area. Along those lines, will the speed limit be 25 mph - and enforced? That would be consistent with Chalson Road being 30 mph, with turning lanes and berms to protect the housing. But I don't see the rush hour traffic as driving that slow - unless the cars are simply stuck on the road due to congestion. I have heard that the road is already partially funded by the developer, but I can't imagine that, that includes the major bridge work that must occur over Riley Creek if it is to carry the traffic that is sure to flow The solution of making Prospect Road major connector is obviously the "easy fix." After all, it is already approved and somewhat funded by the developer. But, this ignores the changes that totally change the character of the road from what was approved. And, it really won't be that cheap Therefore, I urge you to find a different answer to this issue. I acknowledge that there are no easy answers. And, there is a lot of pressure from the other side. But, using some common sense, just look carefully at the situation. I also must protest some of the process involved here. The fact that very few Hennepin Village residents were notified is just wrong. Prospect is our only egress road - any change to it effects everyone on the west side of Spring Road. Again, if you would just drive out and look at the situation, it will be apparent. Also, the lack of proper traffic studies is a major deficiency. This is about "Planning;" and any planner, by definition, looks at the foreseeable future - huge traffic volumes are foreseeable. The EAW only looked at one alternative in detail. Again, Prospect Road was perceived as the easy fix, so the alternatives were not adequately explored; including the alternative of not closing the 212/EP Road intersection. Thank you for your attention. Please advise the commission to think this through before approving this alternative. Stuart Mathewson 9759 Cupola Lane Eden Prairie, MN 952-929-1360 This e-mail, including attachments, is intended for the person(s) or company named and may contain confidential and/or legally privileged information. Unauthorized disclosure, copying or use of this information may be unlawful and is prohibited. If you are not the intended recipient, please delete this message and notify the sender April 11, 2007 City of Eden Prairie Leslie Stovring Environmental Coordinator 8080 Mitchell Road Eden Prairie, MN 55344 Re: Hennepin Village Roadway Alternatives Dear Leslie, I am enclosing my assessment of the Appendix A Traffic Impact Study of Hennepin Village Roadway Alternatives and Environmental Assessment Worksheet. I am also enclosing a supplement to my report which outlines aspects of my report that I have not covered. The supplement is from a head roadway civil engineer who is hoping the responses presented to the city in regarding roadway alternatives will help mitigate his need to become further involved in the course of the events. I would also like to know if the city plans to respond individually or will there be a public forum to comment on or answer questions posed during the gathering of facts and information from the public? Do we need to submit a request? If so, please consider this my request. Please feel free to contact me if you have any questions. Sincerely, Tim McLaughlin 9999 Dell Road Home: 952-974-7812 Cell: 612-910-7796 Work: 952-944-1665 1 Assessments of Appendix A Traffic Impact Study of Hennepin Village Roadway Alternatives And Environmental Assessment Worksheet My position is that Prospect Road should go ahead as planned, it is by far the best alternative offered to the problem. The city planners have already made plans to allow that portion of Riley Creek to become heavily developed by housing, which will not allow any significant quality of native flora to survive. The remaining woodland and prairie area will be subject to adverse environmental hazards that accompany large housing developments, such as human activity, fertilizers, herbicides, pesticides, trash, auto, and other household pollutants, etc. Over a long period of time such stressors to a small environment will diminish ecological quality of these natural spaces, these natural spaces act more as a buffer for the housing development than an independent ecosystem. This would not be a great place to make a stand to save threatened plant species. My main concern in this matter is Turnbull Road Alternatives 1and 2. I live on Turnbull Road and my concern for the preservation of the Riley Creek Conservation Area (RCCA) and the bluff area is strong but objective. If the community of Eden Prairie was enlightened on the issues of the destructive impact that such a roadway would have on RCCA; they would be outraged that the south end RCCA would possibly be sacrificed for an area along Riley Creek that is far less significant to RCCA and less volatile environmentally as my letter will further demonstrate. “The Big Woods”, (RCCA) area is a part of the less than 1% of undisturbed woodland left in Minnesota. You can at anytime walk through this park and feel like you’re stepping back in time. There are no city noises. The natural landscape and the tree canopy along the Riley Creek Valley are unmatched inside the twin cities. The aspect I find most confusing about whether or not to cross Riley Creek at Prospect Road is that the creek will soon be surrounded by large housing developments, bringing with it all the environmental hazards that come with such development. It should be apparent that the remaining natural land area will suffer due to the scope and size of the housing developments. What I find most irrational and hypocritical about the environmental impact a bridge will have on the creek area, is that it ignores the development around this creek area but looks the other way when offering Turnbull Road as a viable solution. The environment around Turnbull is a unique, 2 pristine and fragile forest creek valley. The Prospect Road Alternative 6 as well as all other alternatives are not comparable to the beauty or the fragile nature of the environment, the ecosystem and how it impacts the rest of the RCCA. Housing development along Turnbull Road is sparse with large lots as reflected in city and state rules and regulations. This is why we moved here, for the privacy and quiet natural beauty of “The “Big Woods” and Riley Creek Valley. We were told due to the sensitive nature of the environment, ecosystem, habitat and bluffs, development needs to be held to the minimal impact, but current events tends to suggest such goals are false and are subject more to political agenda than park preservation. If Turnbull Road Alternatives come through, the front of my house will be less than 70 feet off the new road. The impact for us is unthinkable at this time, not to mention the loss of trees that will be replaced with a view of a busy traffic way. To further aggravate this tragedy due to the straight alignment of the road and lack of housing; vehicle speeds will be well above posted limits. Such a road design would not only make the road unsafe for the people living along Turnbull but also for other drivers. I also have very young children, so this will pose an even greater issue for me and my family. Due to the lack of housing and neighborhood supervision and large wooded area this roadway will also create an easy opportunity for the dumping of trash of all kinds; violators will find this roadway an easy target to discard anything from beer cans, to mattresses, box springs and construction debris, etc…. This is most evident along Dell Road which has the same characteristics, and the amount of discarded trash is substantial. The southern area of RCCA and the Minnesota Bluff area have many environmental attributes that deserve a closer look before a decision is made whether to put a roadway through. I will present them in three broad categories, environmental, community, art factual. Art factual “The Big Woods”, Riley Creek Conservation Area is an extremely rare park and is all that remains of untouched old growth forest in Minnesota, less than 1% exist today. To the south end, running parallel to this ancient woodland lays the current gravel road Turnbull, and adjacent to the south is the Minnesota River Valley Bluffs. Few barriers exist except for a few 3 homes with large lots. There are also a number of Native American burial mounds within a few feet of the planned alternative road route. This road has always been very well maintained by the people living on Turnbull and is still today. I have never seen Turnbull in a state of disrepair. The gravel road integrates into park area in a very natural way and doesn’t take away anything from the natural beauty of the RCCA and river bluffs environment. Community The few families living along Turnbull Road have had no real negative impact on the RCCA and bluff area. Currently along Turnbull there are relatively few physical barriers between Riley Creek Conservation area and the Minnesota River Valley Bluffs. Hikers and visitors in the big woods can move about in a natural environment unspoiled by the sounds and visual impact of traffic. Unfortunately because of the isolation of the RCCA and easy vehicle access that Alternatives 1and 2 would provide, this stretch of road will most certainly become a trash dumping ground for tires, mattresses, beer cans, etc…, which will have adverse impact for those who visit the RCCA. Turnbull is a road that runs parallel at the southern end of the largest area of the RCCA which rests high on a ridge with Riley Creek below it to the north, and the bluffs of the Minnesota River Valley to the south. With the road placed so high on a Riley Creek Valley ridge noise from cars, trucks and motorcycles will be easily carried throughout the southern park area altering the natural tranquility, peaceful settings, and visual beauty of that the area provides for visitors to the RCCA. The natural peaceful nature of RCCA will be sacrificed for the Prospect Road area of the creek, which in relative scope is a drive by area with high density housing. For this reason alone we should consider the solution of Alternatives 1 and 2 as very short sighted in scope. I would think the community of Eden Prairie would be better served by protecting the largely unaltered area of RCCA along Turnbull than the other highly developed area along Prospect Road, which by the way, still has not demonstrated what adverse impact that a bridge would create to the community as a whole. There is however an overt slant presented by a so claimed free consultant / environmentalist. The hypocrisy of his claims are either a show of his apparent bias or a demonstration of his incompetence or more likely both. 4 Environmental Among the many ecological sensitive elements to this area there is a primordial pond which may likely be the only one that exists in Minnesota less than 1% “Big Woods” ecosystem. Very little light makes it way through the canopy of trees, creating a very unique environment for plants, animals and organisms in this habitat in and around the pond habitat. This pond would be within 50 feet of the alternate roadway and would not only be a source of contamination but would alter the natural water shed to the pond. Snow plows would throw contaminated snow directly into the pond. The loss of the natural state of this unique pond and the fragile ecosystem that exists dwarfs such damage caused by a prospective bridge crossing the creek. This pond will easily become polluted by salt, oil, trash from such a roadway. The resulting effect to the pond and the surrounding ecosystem, unique to the pond, would be enveloped with trash, car tires and other pollutants less visual but ultimately more destructive to this rare ecosystem. As Turnbull Road borders along the upper south side of a steep north facing slope of Riley Creek Valley and if the alternative roads are built, the slope will allow all types of pollutants to be washed down into the creek. This will be most evident during the spring melt, due to salt, sand and other contaminants produced by such a roadway. Years of contamination from road snow mainly from snowplowing, will have a cumulative effect on long-term pollution built up for the Riley Creek Valley and direct road snow and water contamination to the primordial pond will inversely alter the environment causing ecological damage. Snow plowing will result in heavy erosion patter on the steeper slope areas, due to the banking of snow along the roadway. The dense tree canopy and the steep north facing slope receive very little or no direct sun light, (even in the spring because of the angle of the sun to slope) reaches the ground creating soil conditions that lies exposed and loose or unpacked. Walking on this soil is like walking on fine tilled soil. Water running off from the unnatural snow pack will result in annual slope erosions, and with each new year the erosive damage increases. 5 I am sure there are other environmental impact issues such a roadway would have on this environmentally fragile “Big Woods” creek valley but I am not an environmentalist. Where is a good free consulting environmentalist when you need one? I feel I have made a strong presentation on the very fragile aspect of the Turnbull area, how the RCCA and the Minnesota bluff area transition together with the limits on development allows the RCCA to maintain a thriving ecologically stable environment. The restriction to development in the area has provided a secure future for the RCCA and the Bluffs, and assure that the environment will provide flora, wildlife, hikers and other visitors access without the destructive presence that this type of roadway presents. Public Agenda In the Eden Prairie News there has been a falsehood perpetuated to the public that the Fredrick-Miller Spring could be contaminated by the road construction. I believe it has already been clearly demonstrated that is not the case. The spring’s actual source is well above the grade of Prospect Road and is actually piped down to its current location. I would like for the City Official to clarify this issue for the community. Such statements are established clearly to mislead the public. Also from the same article, why would the runoff from the Turnbull alternatives be less of an impact to Riley Creek than Prospect road; Turnbull presents greater exposure to the creek due to the slope and length of the road. This whole controversy is more of an economic problem for the developer, and not an environmental problem for the community. As this report has presented, there are a number of incomplete elements to the Environmental Assessment Worksheet and Appendix A Traffic Impact Study for Hennepin Village Roadway Alternatives. To continue with and not take into account the end result that the alternative roadway creates and not to fairly represent these tremendous differences is negligent on many accounts. Prospect Road crossing is the best alternative and if it is not possible there must be a look at other solutions. One option not presented would be to redirect the secondary access through the southeast end of the development that is gong into the old Cedar Hills golf course since that is the one of the primary reason for the need of the need for a new road. This is a better solution than Alternative 3 because it provides access to Spring RD with out affecting a developed property. 6 My thanks to the city for the opportunity to express my concern and hopes that they are aware of the need to preserve this Turnbull and RCCA area as it is for now and for the future generations of the Eden Prairie community to enjoy but more so for the future of the habitat that thrives there. A supplement to my report is an attachment which further out lines aspects that my report has not covered. Close consideration should be taken on the review of this assessment and comments. If you have any questions please call me. Tim McLaughlin 9999 Dell Road (Turnbull Road) Home: 952-974-7812 Cell: 612-910-7796 Office: 952-944-1665 Apr. 9. 2007 f2:35PM 0 . 0112 P, 4.11-; AVAIr _ _4.s j r _orNOLAS_-•se r‘9"._$ ex=5!!- _ netc Ve„,-Tkrt • o_skcok:c.c‘,,:io . .. sa4 _..ck\kcoNfro,e4r- tkr*N% l'tsPt-e it 4efit 1/4ArktiS ... ,clocrgi 13,\ ,71u. sk‘-P.4.....t 0.41 4.‘",tbi, . _ 4o -4te, 0 AIN NowvMeN 1 0 4' Lagf4.44` /Lk is 1.410_o . ink44- chtivf;Acii .r_ts 1 icift14305-LC.7. L__ CP...1 1'71 . s Aie 4.5-1012c __C ./d._0444 e'S e..$S ErA vIrd" fro.siirp. I 22" 0* .A Oezre,A4t* . 6 cs4.0sLorecf 4 IptrelAi Z _ Itis j -Orvo./.4 1. 1. - _.1.5,± e . . Rece[ved Time APr . 9. r2: Apr. 9. 2007 I235PM No. 0111 P. 3 z _17) wr ,c_p_in .ssap-5.04 1 . ***‘Cir 4rs. _ iv\ • I Vn-544-4-1-5 - 11Z,N-ke VAN. aresaA IQ c\‘. 1%-e \_ \N%rvie.).frl OrrvOrick-Ov ;:tra-\ 1 1\42- Pr_74,1 kg" A to c144AoN 4StN etcN gitc,v44 S ztp_ort.cibe 1\c&±t.... sr43r) _ cjip,e3 .caktitt __Jr .ric&Nv• _Co 16.I cm\ek .C.4mANA, be- v44 er‘Ner cci` kd t J,me •mei-Vs% +Vsa,,,17.4 dQ 4 L. siv t )- 141,A?k . , Ctiw%.C.t -Received Timeilrir. Apr. 9. 200? 11:35PM Ni:'. 0111 l eSS __ 4043?•tr..A8._0,1,4.. COW% A\N__.crf, 'f3 le 55 .01)• tNv‘r% o-\14 jo 4c lag% P044 _ 1,14A. rcriArs.p fk ou,4 1 c- 3rcci kiCl_ckk. 441 3 -Oortrt..Protc e1/4".." ro _ A- \ ke_r r4e....Irc 6 Ad 1) verL-tc,Ae 4kcs 44.Pwiri -5 .A1? iggr uy1). 41‘4. 01?' ctojt,X,„v AtAvs.,t- g • 4s14,4-. rfAA4 bt Is7t.wc. c_s_LT _LI,L._4\NptrA.5.15-5 2 ceNkt,.._ _ciwt ijAiNtrt, rri _cert!r4Ifogy. IP/reak. ir_SkS\ TQAPP4___It5 cAL Arla.v.`1% L_Vr_geb% Prw. tc _SAL 44_,Av t") DeP, 1:2 4:pui -16._ ria0 34- d\A-1/44AitA Acr es _ao*P-t9."_154.A _ECILlekk C /444a( ru Agchl Nye tie af4 Orpi,ckirm e ce i v d Time-Apr. 9.-12:33PM Apr, 9. 2007 12;36PM No. 0112 _A".‘LCV.f_Pt _NzAN\c.,A i!'NetirrANc, rqi,y.kpo .bt 4. Otf_vk kdk ..4 sq.k • _crii‘..1rAke \ CANA. 1 5.4,41.A ‘?lerh-Aiiii4.J1_, .FP3i_MikS01.dr tpaiN\ neeer.te:t:/__ 14,k4144._..c.11.4)49 .„.m. 1C1 61 A ;color dt'L +kr. c.!,.4,L.4_ 2 441 c-9-m-IP 41.? (ex, L 1 ---------4-----Rece i ved Ti me —AP r . 9 .-1 2: 334 Page 1 of 2 Leslie Stovring From: Tim M. McLaughlin [tim@grootvvassink.com ] Sent: Wednesday, February 14, 2007 5:35 PM To: Leslie Stovring Subject: Prospect Road Plan Attachments: Tim McLaughlin (tim@grootvvassink.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 timgrootwassink.com 2/15/2007 t Metropolitan 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, Jim.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 impairment is likely due to pollutants in storm 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 information, please contact the two technical review staff noted above or Jim Uttley, AICP, Principal Reviewer and Sector Representative at 651-602-1361. Phyllis Hanson, 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 'Em unities\Eden PrairieTette IEden Prairie 2007 EAW Hennepin Village Roadway Alternative 19946-1.doe toNEsop Minnesota Department of Transportation 0 kt Metropolitan District (fp Waters Edge OF IRO 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. 1 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. 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 Leslie Stovring From: Morales, Marty [Marty.Morales@ironmountain.com ] Sent: Friday, April 06, 2007 11:35 AM To: GRP-AllCouncil; Leslie Stovring; Communications E-Mail Subject: Prospect Road Extension Importance: High Dear Council Members, Leslie Stovring, Scott Neal: I received a letter last night informing me of the proposed extension for Prospect Road at Hennepin Village in Eden Prairie. I am so upset with this proposal that I don't know Where to being. First of all, when we purchased our home from Rylan Homes three years ago; I was told that a swimming pool was going to be build where the propose extension is to go. I was later told by the sales office that no pool was to be built but rather homes would be built. Now I hear about this extension, which it sounds like meetings have been held with NO communication to home owners about this. I don't like being lied to and force fed a proposal which will have effect on my investment (home) in Eden Prairie. I moved from Bloomington after 23 years thinking Eden Prairie was an up and coming community and cared about its residents. Here as just a few reason why I don't feel the proposal is justified and should not be approved: • The heavy traffic (30-40 Feet) will be right in my living room. I live right on Prospect Road. • The road is build for neighborhoods and not a major road like Eden Prairie Road for example. • School buses come in to pick up kids and will have to wait next to heavy traffic. • There is heavy pedestrian / resident use of walk ways. Remember we were told these were walking paths, etc. • Where do you expect my guest to park when lots are full and they can't park on Prospect Road? • Do I really have to say anything about Eden Prairie Road and 212 being closed and the impact of traffic? • Where are the environmental and traffic impact studies? Who did them and who received a copy? These are just a few of the things I can think of but I am sure myself and the other residents can think of more if you would ask or need them for your documentation. Here is the last two points I would like to make. City official are to represent all residents of Eden Prairie, so why do we have some of them working with residents from the west side of Eden Prairie Road along with Faegre & Benson law firm?? Is the message to me and other residents that unless I am rich enough to afford an attorney or have the in with certain city official; we will impose our will on you for our benefit!! In addition, could some one explain to me how this proposal is for the good of All the residents of Hennepin Village, not just those who can afford attorneys, who have made the investment to move to Eden Prairie? If I have been mislead; please let me know and I apologies for this email. I plan to attend your City Planning Commission meeting on April 9th to hopefully hear how this is in my best interest or not. Marty Morales 15600 Prospect Road Eden Prairie, MN 55347 Marty Morales Manager, Human Resources Iron Mountain 9715 James Avenue South Bloomington, MN 55431 marty.moralesironmountain_com 952-888-3852 Ext: 207 Cell: 952-292-5024 Toll Free: 1-866-670-2204 Fax: 952-888-8445' 4/9/2007 oFICii Minnesota Pollution Control Agency !Hitt nV/1111111141 CUC-864 I 651-282-5332 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 peimit 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 I Willmar I Printed on 100% post-consumer recycled paper CILECKLIST 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. NPDES/SDS Permit for dredged material disposal. — 14errN cck-e — C rOSS (N.A. If disposal of dredged material is anticipated, then Brett Ballavance (Duluth office) at 218/723-4837 or Jararnie Logelin (Duluth office) at 218/529-6257 (northern), or Elise Doucette (MUN/Metro Region) at 651/296-7290 or Jeff Smith (Rochester office) at 507/285-7302 (southern) should be contacted. K NPDES, Permit — 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 stomrwater pbllution 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 Firidorff (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 CI Brainerd, Robin Novotny at 218/828-6114 - Ci Duluth, John Thomas at 218/723-4928 [11 Detroit Lakes, Jack Frederick at 218/846-0734 El] Marshall, Brad Gillingham at 507/537-6381 El Mankato, Teri Roth at 507/389-5235 Li Rochester, Dennis Hayes at 507/280-2991 LII Rochester, Jeff Smith at 507/285 2 Li Major Facilities, Elice Doucette (MUN/Metro Region) at 651/296-7290 11:1 Willmar, Ben Koplin at 320/231-5321 Septic Tank System Individual septic tank systems design and construction must comply with Minn. R. 7080. For additional information, contact Mark Wespetal (MIJN, Water Policy and Coordination) at 651/296-9322. • 6/21/05 OVER Water 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. ri 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 El Duluth, Heidi Kroening at 218/723-4795 or Tim Musick at 218/723-4708 El Marshall, Brad Gillingham at 507/537-638 i Rochester, Mark Hugeback at 507/280-5585 Ell 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. Wells Abandonment and/or installation of wells must be done by a licensed well driller. Please contact the Minnesota Department of Health 651/215-0823 for additional information. 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 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 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 "consideringneither_closing_or_rerouting_theintersection_ofFlying_CloudDrive_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 requared -alook—atAl the alternativesfor serving not only the Hennepm 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, HENNEPIN VILLAGE LIMITED PARTNERSHIP Daniel J. Herbst President DJH/idt To whom it may concern, I am writing to address the proposal to connect Eden Prairie Rd and Spring Rd via Prospect Rd which runs through the western Hennepin Village development. This idea to supposedly alleviate safety and traffic concerns is utterly preposterous as it will only shift any existing problems to an area less equipped to handle them. In an extremely offensive manner, this plan exhibits total disregard for some 144 homeowners and any remaining wildlife still inhabiting the surrounding area. Should this proposition be validated, it would not only fail to accomplish any intended goals, but it would serve to reduce the market value of the homes in Hennepin Village by as much as 40%. Our neighborhood was not constructed with intent of playing host to non-local traffic passing as little as 30 ft from our doorsteps. Furthermore, the asinine idea of closing the connection between Eden Prairie Rd and HWY 212 should clearly exacerbate safety problems as traffic will therefore become worse at the junction of Spring Rd and 212 while, at the same time, converting our neighborhood into the only throughway connecting 212 from the north. Such a path should not coincide with the road our children cross to go to the swimming pool, this pool being one of the amenities for which our residents pay as much as $180 per month. This junction of Spring and Prospect is a blind intersection coming from the north and sits atop a winding hill when approaching from the south (212 near Lion's Tap). The ultimate development of private land east of Spring Rd between 212 and Prospect will already serve to sufficiently increase traffic. Closing off an existing alternate route (Eden Prairie Rd. and 212) will only magnify this problem and would most likely require stop lights both in our neighborhood and at the already dangerous intersection of Spring and 212, further disrupting traffic on 212 and allowing it to back up into our residential area. The implications of this proposed plan have clearly not been realized, prompting one to wonder if the drafters have simply been pushing ideas around on a map instead actually visiting the area they intend to vastly modify. The role of city officials is that of tactfully devising ways to make the lives of citizens better. 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Ai02.1-4 5 i t ) 01- Tb TG-P cc , Pa. FtF>T -1AS7- C>') )9217-C", o sIm f&e 76A_ (DE -1—cc_vm 6EST T-J) `f0() v .\) Cii-A6VE LOVA .- T-t,OL •Tt2,613 1.1-3; /5 5-6 noigiozr- A-r --nAF vs-r f.c-410,c gtiwl D A117 c Oh A qt0 5ca3Lc siz Tb I De D6 )10,TD16-v--(1/_ Leslie Stovring From: njp [peste005@umn.edu ] Sent: Saturday, April 07, 2007 6:31 PM To: GRP-AllCouncil; Leslie Stovring; dhc@att.net ; Philip Young; Brad Aho; Sherry Butcher; Kathy Nelson; Jon Duckstad; jstoltz@shopNBC.com ; raymond_stoelting@golden.com Subject: Thoughts on current proposal To whom it may concern, I am writing to address the proposal to connect Eden Prairie Rd and Spring Rd via Prospect Rd which runs through the western Hennepin Village development. This idea to supposedly alleviate safety and traffic concerns •is utterly preposterous as it will only shift any existing problems to an area less equipped to handle them. In an extremely offensive manner, this plan exhibits total disregard for some 144 homeowners and any remaining wildlife still inhabiting the surrounding area. Should this proposition be validated, it would not only fail to accomplish any intended goals, but it would serve to reduce the market value of the homes in Hennepin Village by as much as 40%. Our neighborhood was not constructed with intent of playing host to non-local traffic, passing as little as 30 ft from our doorsteps. Furthermore, the asinine idea of closing the connection between Eden Prairie Rd and HWY 212 should clearly exacerbate safety problems as traffic will therefore worsen at the junction of Spring Rd and 212 while, at the same time, converting our neighborhood into the only throughway connecting 212 from the north. Such a path should not coincide with the road our children cross to go to the swimming pool, this pool being one of the amenities for which our residents pay as much as $180 per month. This junction of Spring and Prospect is a blind intersection coming from the north and sits atop a winding hill when approaching from the south (212 near Lion's Tap). The ultimate development of private land east of Spring Rd between 212 and Prospect will already serve to sufficiently increase traffic. Closing off an existing alternate route (Eden Prairie Rd to 212) will only magnify this problem and would most likely require stop lights both in our neighborhood and at the already dangerous intersection of Spring and 212, further disrupting traffic on 212 and allowing it to back up into our residential area. The implications of this proposed plan have clearly not been realized, prompting one to wonder if the drafters have simply been pushing ideas around on a map instead actually visiting the area they intend to vastly modify. The role of city officials is that of tactfully devising ways to make the lives of citizens better. Conversely, this proposal merely represents a cheap, expedient, and all together incorrect way of solving any supposed problem. To reiterate, such a ridiculous scheme will fail and will do so at the expense of our homes and the safety of our children. This is truly unconscionable. The development of western Eden Prairie will be the legacy of the current council/planning commission, therefore, I urge you to please reconsider. Thank you for your consideration, Bradley J. Pester 15889 Porchlight Ln. Eden Prairie, MN. 55347 via Nicholas J. Pester Dept. of Geology and Geophysics, 4/9/2007 Lorene McWaters From: Sent: To: Cc: Subject: David & Julie Pierson [dapjdp@hotmail.com ] Saturday, April 07, 2007 12:03 PM Communications E-Mail GRP-AllCouncil; dhc@att.net Prospect Road extension Mr. Scott Neal City Manager Dear Mr. Neal, I am a resident of Hennepin Village, residing at 9743 Cupola Lane, which is the first twinhome at the intersection of Prospect Road and Cupola Lane. I am writing this letter to express my concerns regarding issues not addressed in the EAW, which I believe would have a negative impact on our neighborhood upon the extension of Prospect Road. 1) The traffic volume on Prospect Road would increase significantly and would create an unsafe situation. Prospect Road was not designed as a main thoroughfare. It is narrow, has a tight curve east of Pickett Drive and a steep grade west of Pickett Drive down to Riley Creek. The steep grade causes a blind intersection at Pickett Drive and Prospect Road, which will be a signifcant safety hazard. 2) Increased traffic volume on Prospect Road during the peak morning hours will cause significant backups at the intersection of Prospect Road and Spring Road. This intersection has an inadequate sightline, due to the curves approaching the intersection, and the increased volume of traffic attempting to access Spring Road will cause a significant safety hazard. 3) The residents in homes along and in close proximity to Prospect Road will be negatively impacted by the noise levels from increased traffic volume. 4) Hennepin Village is a densely populated neighborhood with many small children. The increased traffic volume will create a safety hazard to children who are playing outside. Some of the current traffic on Prospect tends to travel at unsafe speeds and the road should be restricted to 20 MPH. 5) Hennepin Village was built with no parking spaces for guests or extra family vehicles. Therefore any excess parking is required on the streets, including Prospect Road. If the road were extended and due to the improper design, parking would have to be prohibited on Prospect Road causing an inconvenience to those residents along Prospect Road. One of the main reasons my wife and I moved to Hennepin Village was the safety and quiet it provided. I watch deer and turkey cross the area that the proposed extension of Prospect Road would dissect. I sincerely believe that the safety, quiet and wildlife in this area will all be things of the past if Prospect Road is extended. Eden Prairie has always been a forward thinking community with its sights on preserving nature and providing a safe environment for its citizens. In this age of increased concerns of the impact from development on nature, the environment and noise pollution, I would believe it to be inexcusable to approve the extension of Prospect Road. Respectfully submitted, 1 David A. Pierson Mortgage rates near historic lows. Refinance $200,000 loan for as low as $771/month* https://www2.nextag.com/goto.isp?product=100000035&url.%2fst.isp&tm=v&search=mortgage text li nks 88 h27f8&disc=v&vers=689&s=4056&p=5117 2 Leslie Stovring From: Sent: To: Cc: Subject: ROBYN A RILEY [rilera@msn.corn] Saturday, April 07, 2007 1:33 PM Leslie Stovring; Communications E-Mail; GRP-AllCouncil dhc@att.net Prospect Road Issue I am writing to let you know my views on the Prospect Road issue. As a homeowner in the Hennepin Village neighborhood, I am concerned about this issue. I do not think it would be a good idea to extend Prospect Road to Eden Prairie Rd. I think that there are better alternatives as shown in the Eden Prairie News dated April 5. The proximity of this road to Riley Creek concerns me. That area is so pristine and natural; it's important to maintain such areas in Eden Prairie. There are few areas as beautiful as this valley. I am also concerned about routing traffic through my neighborhood. Currently Hennepin Village is a quiet, sleepy neighborhood where kids can play without worrying about heavy traffic. This would change for the worst if heavy traffic were allowed to use Prospect Road to get to Eden Prairie Road not to mention the fact that any road built through this area would have to be quite dangerously steep and winding. As a 20 year resident of Eden Prairie, I am opposed to extending Prospect Road to Eden Prairie Road. I believe that there are several alternatives that would serve the city much better in the long run. Thank you, Robyn Riley 9768 Gable Drive Eden Prairie, MN 5554,7 .10 Sincerely, obert C. Obermeyer Barr Engineering Compa Engineers for the District FEB-27-2007 10 14 BARR ENGINEERING Barr Engineering Company 4700 West 77th Street - Minneapolis, MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 • www.barr.com 9528322601 P.02 BARR An EEO Employer 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. C: Board of Managers Paul Haik TOTAL P.02 Riley p B l uff P u r aCreek t o r y Watershed District Web Site: http//www.rileypurgatorybluffcreek.org Legal Advisor: Krebsbach and Haik, Ltd. 225 South Sixth Street, Suite 4320 Minneapolis, MN 55402 612 333-7400 Fax: 612 333-6959 Engineering Advisor: Barr Engineering 4700 West 77th Street Minneapolis, MN 55435 952 832-2600 Fax: 952 832-2601 March 29, 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: At the March 7, 2007 meeting of the Riley-Purgatory-Bluff Creek Watershed District, the Managers further discussed the EAW prepared for the Hennepin Village Roadway Alternative Analysis. As stated in the District's February 27, 2007 correspondence, 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 on the Riley Creek system. Even though the EAW does not specifically address the handling of surface water runoff if this Alternative is selected, the Managers felt that a culvert and fill roadway section would result in (1) potentially more fill/encroachment into the floodplain of Riley Creek and (2) a greater disturbance for the construction of storm water management basins riparian to the creek than if a bridge were to be constructed. In either scenario, treatment of storm water will be required prior to being discharged to the creek. In addition, the movement of both pedestrian and wildlife along the creek corridor needs to be addressed with either the bridge or culvert option. The District appreciates the opportunity to comment on the EAW for the Hennepin Village Roadway Alternative Analysis. If you have any questions, please feel free to contact us. R96ert C. Obermeyer ?dart. Engineering Company Engineers for the District Board of Managers Howard Peterson James Landini Kenneth Wendl Michael Casanova Erin Ahola Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 1 of 29 Jeff Strate 15021 Summerhill Drive Eden Prairie, Minnesota 55346 952-949-8980 bukumi@infionline.net April 11, 2007 Scott Neal, City Manager, Gene Dietz, Director Public Works Mayor Phil Young and City Council Members Staff and pertinent Commissions City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Comments on Draft EAW Hennepin Village Roadway Alternatives Dear City of Eden Prairie: Decisions regarding future land use in southern Eden Prairie between Dell Road and Spring Road need to have accurate data and knowledgeable interpretation and holistic perspective of that data. This paper presents my final comments on the “Draft EAW Hennepin Village Roadway Alternatives” and suggests amendments and addenda to the Draft EAW. This paper supersedes and expands upon comments that I submitted for the March 12 th, 2007 Planning Commission hearing and the March 20 th, City Council hearing. My review of the draft EAW leads me to request that (1) the City Council find it inadequate in its un-amended form; (2) the City Council request consideration of other alternates subsequent to its acceptance or rejection of the EAW. Although my bundle of comments refers to a number of inadequacies that need amending or need additional data, it mostly focuses on some of the natural resources that will be affected by the 6 Road Alternates, especially (a) the Riley Creek Big Woods and (b) the reach of Riley Creek between Eden Prairie Road and Miller Spring. For example, in 2003, a DNR survey found that Riley Creek was unsuitable for game fish and in 2005 the stream was designated as an impaired water by the Minnesota Pollution Control Agency (MPCA). Both determinations profiled the creek from Lake Riley to the Minnesota River but did not adequately appraise the spring fed reach of the creek east of Eden Prairie Road and did not comment on this reach’s historic, pristine, cold water condition – a reach that in the past has supported trout. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 2 of 29 Additionally, the Riley Purgatory Bluff Creek Watershed District and the City are now required by the MPCA to create an action plan to reduce Riley Creek’s turbidity by 2009. The EAW must reference the importance of historic conditions as well as the future prospects for the management of the creek (and other natural resources). To make informed choices on how to develop this area, the Council must have a full register of facts and perspectives and be able to reference commitments that have been made to restore the creek – the Council must be able to anticipate the impacts that would be prompted by a new embankment-culvert crossing and/or a bridge crossing on the stream’s waters as well as the high scenic and recrationbal value of this portion of the creek valley. The EAW should not assume or imply that the current impaired condition of Riley Creek is an acceptable standard in terms of predicting future impacts of new roads and subdivisions. Like other creeks in the metro region, Riley Creek can be restored to a condition that approximates its pre-farming and pre-urbanized character. It can be and should be a pristine, urban stream that provides fishing, recreational, scenic and wildlife habitat resources of high merit. Eden Prairie (by law) must plan for and in the future provide the necessary resources to remove Riley Creek from Minnesota’s list of impaired waters. Municipalities, agencies and non-profit organizations that participate in such programs as Great River Greening and The Vermillion River Watershed Joint Powers Organization (See appendix for references) have had great success in improving local water quality. The EAW needs to reference this for future planners and city councils. 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. With warmest regards, Jeff Strate (An electronic and printed version of this document are being provided to the City) Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 3 of 29 KEY TO JEFF STRATE’S COMMENTS Text that has a shaded background 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. My supporting comments are identified as such. Text in this font style that and/or is colored dark blue identifies my recommended amendments and addenda. 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 an addendum (UPPER CASE) so that it accurately reflects that the developer’s “proposal” for the Prospect Road extension has been requested by the City not 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, April 11, 2007 Page 4 of 29 Page 2 and 3 I recommend that the EAW be amended so that it can evaluate two additional alternates. (a) the current alignment of Eden Prairie Road but from the bluff top to the valley angled westwards along a less steep gradient to Highway 212. (b) an additional street or public safety access between the Summit Oaks subdivision to Spring Road Discussion: There are at least two viable road alternates which have not yet been presented by the City.(a)Impacts would occur on a section of the bluff that already has been impacted. Traffic on what will become old Highway 212 likely will be slower and more local.(b)Variations of this alternate has been described by the developer and residents of Hennepin Village and would be similar to the limited use street that connects the east and west stretches of Cedarcrest Drive, 3/5 mile north west 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 hypothetical alternates 1 and 2 on the areas that they are being proposed for will not be that much different if either one is rejected because these areas are most likely to be developed anyway. Discussion:Alternate 6, as envisioned, would sit on top of a 36 foot high embankment. Proper construction of this embankment would impact significantly more than the 2.6 acres that the Draft EAW estimates because it is basing its estimate only on the amount of area that would be required for the connection if it were on relatively flat terrain. The Cedar Hills Ski Area rope tow path in the late 1960’s. The view looks down to the proposed bridge or embankment crossing of Riley Creek as described in Alternate 6. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 5 of 29 Discussion: 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 referenced 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, 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. Riley Creek is home to various aquatic life typical of warm water streams (MCES, 2005; DNR, 2003). Alternate 6 is proposed as two alternates: a culvert crossing or a bridge crossing. 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 runoff volume (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 flow 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 through 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 or pollution-neutral. 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 mainly pollutiontolerant or pollution-neutral 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 those communities are similar in composition to the sampled locations. No water qualityrelated impacts are expected to the biotic community. 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 Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 6 of 29 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. Item 11 (above) needs to be amended to accurately describe what would most likely happen as described in the following discussions. Discussion: The Draft EAW is inconsistent. It says that studies show that the volume of the creek increases from spring inputs fed by shallow surficial groundwater, different from the bedrock that feeds Miller Spring (see below). The Draft EAW also says that construction of the road and associated stormwater ponds, dewatering and other work has the significant likelihood of intercepting this surficial groundwater and diverting it to stormwater ponds, before releasing this sun-warmed water into Riley Creek. Then, paradoxically, it claims the springs feeding the creek immediately downstream of the stormwater pond outlets will mitigate the pond’s warming effect. There are two problems with this contention: 1. The springs won’t be there, because their source water was intercepted by the upslope construction and the upslope ‘treatment’ ponds! 2. Even if by some magic the springs maintained their flow, the cooling impact under present conditions would be HARMED and degraded by the thermal pollution from the ponds. Sections of the stream that can again be capable of supporting trout would be significantly diminished compared to current conditions or future conditions prompted by the restoration of the upper creek. Studies on the effect of road salt and chemicals show that salt spray from the road or a bridge will negatively impact vegetation below the crossing, as well as increase chloride pollution. Salt and it’s substitutes will stay in solution, and will be ‘untreated’ by the stormwater ‘treatment’ ponds, which are merely designed to let sediments settle out. The ponds also will not treat any of the pesticides or fertilizers that will be applied to any new grassy areas that are installed in areas near the NURP ponds. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 7 of 29 The Draft EAW should be amended to acknowledge that trout – a game fish - would not be affected by the existing DNR carp barrier if they are stocked in Riley Creek. DISCUSSION: Trout do not need to migrate. Trout do need cold, clean water to survive and can thrive in stream reaches above and below the obstruction. When considering future trout populations in the creek, the carp barrier is irrelevant and in fact could be an asset. Page 5 11. Fish, wildlife and ecologically sensitive resources a. … 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 Alternate 6. Discussion: 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. Because of the regionally rare ecosystems, significant scenic merits of its landscapes, its close location to the Minnesota Valley National Wildlife Refuge and as the trail connection to the upper Riley Creek corridor, Lake Riley and the South West Regional Trail, the following discussion is detailed. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 8 of 29 Segments of Alternates 1 and 2 as described in the Draft EAW would pass through and inside the southern boundary of one of the very few, prime and sustainable remnant Bigwoods to survive in the Twin Cities region. According to the Minnesota County Biological Survey of Natural Communities and rare species of Carver, Hennepin and Scott Counties in 1998, less than 1% of Hennepin County’s maple basswood Bigwoods biome survives today. At that time, only 1100 acres remained. The DNR’s Hannah Texler reported to me by phone on Friday March 9th that the figures pertaining to surviving Bigwoods remnants then are most likely to be smaller. (Reference: Minnesota County Biological Survey. Carverr, Hennepin and Scott Counties, 1998). The Bigwoods in Riley Creek CA The north edge of Turnbull Road which is incorporated into Alternatives 1 and 2 and the north and south edge of Alternative 1 from existing Beverly Drive to existing Turnbull Road borders on the Riley Creek Conservation Area. The Riley Creek Conservation Area protects the Bigwoods as well as associated woodlands up stream and down stream that help sustain the Bigwoods plant and animal communities. Further edge degradation of the Riley Creek Bigwoods and associated woodlands caused by new roads and new homes is an important environmental consideration that the draft EAW does not but needs to acknowledge. The draft EAW also wrongly suggests that tree mitigation will answer the challenge of tree loss in the vicinity of the Bigwoods. Solomon’s Seal in the Bigwoods of the Riley Creek Conservation Area. The Riley Creek Bigwoods also supports Trillium, Rue Anemone, Blue Cohash, Marsh Marigold, False Solomon’s Seal and other rare forest plants. Barred Owls, Pileated Wood Peckers and Opossum are among the animals that live in the Bigwoods. 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, April 11, 2007 Page 9 of 29 Page 6 and 7 11b. 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 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 and the animal life which lives in this now rare ecosystem. Discussion: 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 studies referred to in the report present lists of plants that can be found in the Bigwoods (none of which are on the endangered or threatened species lists), they do represent what was in the past a common ecosystem that is now rare. The area is currently protected within the Riley Creek Conservation Area and is one of the highest ranked Bigwoods remnants in the 7 county metro area. Discussion: 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 Bigwoods 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 Bigwoods: The first study of the Riley Creek Bigwoods was done as part of the City’s 1993 Natural Community Survey which was prepared by Barton-Aschman Associates and Lee Frelich. The survey evaluated and then ranked some of the most environmentally valuable natural areas at that time in southern and western Eden Prairie in anticipation of the City’s Land Preservation Referendum that was held on May 24, 1994. The Bigwoods north of Turnbull Road and Beverly Drive that includes the Riley Creek Valley and upland sections on the north side of the creek were ranked along with prairie blufflands north of Highway 212 and east of Spring Road as the most deserving of protection. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 10 of 29 The Referendum passed and the City began acquiring property in the area for inclusion into the conservation area adding to it when possible with land dedicated from new developments. The City has looked at the Riley Creek Valley and the Bigwoods north of Turnbull Road and Beverly Drive a number of times. Relevant sections of the public record beginning with the Natural Community Survey are provided on the following pages. _____________ The Bigwoods in the Riley Creek Conservation Area. The creek bed is up from the bottom of the photo. The Referenece Map is from the Birch Island Woods website at www.fbiw.org Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 11 of 29 Natural Community Survey, City of Eden Prairie Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 12 of 29 Natural Community Survey, City of Eden Prairie Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 13 of 29 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: 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 Bigwoods and the unrealistic value that tree loss mitigation would have on the health of the Bigwoods. In General, remnant stands of the Bigwoods 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) Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 14 of 29 Discussion point: Effect of fragmentation on 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) Discussion point: Tree loss mitigation is not sufficient. Unfortunately the lost ecological functions on the site [the woodland next to the Bigwoods] cannot be mitigated by simply planting replacement trees. Furthermore, the dimunition of ecological function and value offsite will not be mitigated by tree 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 Discussion: 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 Bigwoods 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. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 15 of 29 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 11a. and Section 11b. (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. Discussion: The pristine reach of the creek from Eden Prairie Road to Highway 212 is constantly fed year round by clean, pure springs in the form of seepages and rivulets with sufficient flow to support trout IF the creek watershed is properly managed and trout pools and bank structures are constructed. The spring 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 1989 supported a healthy population of rainbow trout for two years. (See Mr. Hope’s March 12, 2007 email letter in the appendix). The pond was made by damming the creek and stocking the new pool with 6 to 8 inch fingerlings as a three-year drought was phasing out. Within just two years, some of the rainbows grew to 5 pounds. In January 1991, a leak in the dam drained the pond killing most of the trout. But some of the Riley Creek looking downstream, east from the proposed Alternate 6 crossing in June 2006. 100% of the flow shown in this photograph is spring fed although no trout pools are evident. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 16 of 29 trout survived in natural pools further downstream and were landed by anglers as late as May. Silt from upstream eventually filled in the site of the man-made trout pond and efforts to restore it were probably frustrated by the construction of a DNR rough fish barrier that was not supportive of ponding which support trout. __________ The diagonal line of trees in the center of the photo marks Riley Creek tucked between fairways. Photo from TerraServer. __________ Discussion: Although a limited, two day, DNR fishery survey of Riley Creek in 2003 (that is referenced in the Draft EAW) did not find cold water species like trout and concluded that the stream is generally not supportive of game fish, the survey did not conclude that trout could not live in this reach of the creek. In June 2006, Eden Prairie residents Doug Schmidt, I and my son Alex recorded brown and brook trout-friendly stream temperatures of 66 and 67 degrees and likely trout habitat on the reach from Eden Prairie Road to Miller Spring. The temperatures of creek side springs ranged from 53 to 50.5 degrees. During our visit we found little or no flow in the creek west of Eden Prairie Road; but east of this crossing we found increasing amounts of clear and cold water, some good bank structure and sufficient woody debris in the form of fallen trees and branches and a shady stream canopy of trees along most of creek . Occasional warm storm water surges in Riley Creek may not seriously affect the ability of trout to survive; they will hang out near the springs. Continuous temperature monitoring of Eagle Creek in Savage by Barr Engineering showed temperatures often exceeded the range normally believed to support trout. Experts theorize that the fish “camped out” near springs and seeps during the times when water temps were marginal. (Reference, John Hunt of Barr Engineering, (jhunt@barr.com , 952-832-2777) The rainbow trout that had thrived in the creek pond at Cedar Hills had had sufficient food including insects and a flourishing population of cold stream shrimp called “scuds.” Scuds are an important trout indicator. In Savage’s Eagle Creek, scuds are the main food source for trout. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 17 of 29 These are conditions that indicate that trout can again live in Riley Creek. Discussion: Notable trout stream restoration and management projects in urban and urbanizing areas include Eagle Creek (Savage), Miller Creek (Duluth), Valley Creek (Afton), Spring Brook (Northfield/Dundas),Kinnickinnic River(RiverFalls)and Vermillion River, (Scott County). Although, as far as I can tell, these streams never suffered the level of degradation that Riley Creek has, they likely would have deteriorated to Riley Creek’s impaired condition without intervention -- without better watershed and creek management practices been engaged to repair and sustain their environmental integrity. In 2005, Riley Creek was designated an impaired water by the Minnesota Pollution Control Agency which also listed Eden Prairie as one of Minnesota’s “Dirty Thirty,” one of the state’s 30 cities with the highest growth rate since 1988. Each of these cities will have to provide reports detailing the effect that development has had on their cities’ waters since 1988 and then go forth and fix them. Eden Prairie is fifth on the list behind Rochester, Woodbury, Maple Grove and Lakeville. (See appendix for reference) Additionally, the Riley Purgatory Bluff Creek Watershed District and the City are now required by the MPCA to reduce Riley Creek’s turbidity by 2009. Again, the EAW must reference the importance of historic conditions and future prospects for the creek (and other natural resources) with a full register of facts and perspective if the City Council is to accept the EAW as a tool to evaluate an embankment or bridge crossing of the creek in this part of the creek. The Council must not only be able to reference commitments that have been made to restore the creek, it must be able to clearly anticipate the impacts that would be prompted by a new embankment/culvert crossing and/or a bridge crossing on the stream’s waters as well as the high scenic value of this portion of the creek valley. The EAW should not assume or imply that the current impaired condition of Riley Creek is an acceptable standard in terms of predicting future impacts of new roads and subdivisions. Like other creeks in the metro region, Riley Creek can be restored to a condition that approximates its 1998 and possibly its pre-farming and pre-urbanized character. It can be and should be a pristine, urban stream that provides fishing, recreational, scenic and wildlife habitat resources of high merit. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 18 of 29 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: 11a. 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) Thesectionaboveshouldbeamendedtosaysomethingtoheeffectthatdischargedwater from the proposed NURP pond will have a higher temperature and be richer in nutrients than the underground water that flows into this reach of the creek. Discussion: The Draft EAW says that construction of the road and associated stormwater ponds, dewatering and other work has the significant likelihood of intercepting this surficial groundwater and diverting it to stormwater ponds, before releasing this sun-warmed water into Riley Creek. Then, paradoxically, it claims the springs feeding the creek immediately downstream of the stormwater pond outlets will mitigate the pond’s warming effect. There are two problems with this contention: (1) The springs won’t be there, because their source water was intercepted by the upslope construction and the upslope ‘treatment’ ponds! (2) Even if by some magic the springs maintained their flow, the cooling impact under present conditions would be HARMED and degraded by the thermal pollution from the ponds. Sections of the stream that can again be capable of supporting trout would be significantly diminished compared to current conditions or future conditions prompted by the restoration of the upper creek. Discussion: As argued elsewhere, the EAW should not imply, as it does in this section, that a degraded creek which can not support game fish (including trout) is an acceptable standard. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 19 of 29 Page 6 11b 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 11b 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 and areas along Alternates 1 and 2. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 20 of 29 Alternates 1 and 2 pass though adjacent woodlands that are important to the sustainability of the Riley Creek Bigwoods and also would alter or destroy habitat from the southern edge of the Conservation Area. The Bigwoods, as noted elsewhere, is a rare ecosystem. Page 7 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. AND Page 10 20a. 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 34separation 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. The Draft EAW needs to gather reliable data about and maps of the aquifer that supplies Fredrick-Miller Spring. Disccussion: The Draft EAW does not consider impacts that Alternate 3 and Alternate 4 might have on the underground waters that are likely to supply Fredrick-Miller Spring. The aquifer, either via springs along Riley Creek or through the pipe that runs to the Fredreick-Miller Spring tap on the east side of Spring Road, supplies water to the creek. 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. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 21 of 29 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) reference creek, corridor and conservation access options that may or may not be enabled by Options 1, 2 and 4. Discussion: 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. 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 appearance of the bluff. (Draft EAW) (a) THE ABOVE PARAGRAPH SHOULD BE AMENDED TO READ AS FOLLOWS:”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 the extensive, variably sloped, Bigwoods 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.” Discussion: The unique environmental and scenic quality of Alternates 1 and 2 need to be re-affirmed in this section. Alternates 1 and 2 pass through State Park quality scenery. (b) SECTION 25 ALSO NEEDS TO REFERENCE THE SIGNIFICANT SCENERY AND VIEW SHEDS AFFECTED BY ALTERNATE 3, 4, 5 AND 6. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 22 of 29 Discussion:Alternate 3 which winds down a gully between two bluffs to Spring Road a bit south of Fredrick-Miller Spring could affect the view from Fredrick-Miller Spring which before European settlement times has been a source of drinking water and now-a-days attracts people daily, throughout the year. “The spring’s significance remains a blending of environmental feature and ongoing human use, resulting in a geographical landscape of historical importance – a city landmark.” Eden Prairie Park and Open Space System Plan. Photo at right from the top of a bluff, looking from a proposed trail right of way on the top of the bluff approaching Oak Creek at Hennepin Village towards Alternate 3 to the south. Discussion:Alternate 4 which cuts diagonally down the buff behind Lion’s Tap Restaurant and Alternate 5 which cuts diagonally down the bluff from different points on Eden Prairie Road would affect the viewshed of the bluffs from Minnesota Valley National Wildlife Refuge and a proposed Minnesota State Trail. “Our primary concerns about development along the valley relate to development near the bluff. Development near the the bluffs concerns us for three reasons –erosion, removal of native vegetation and aesthetics.Our preference is that all development be set back from the bluff at least 250 feet from the bluff line…. Development along the bluff is highly visible from the valley. Developments detract from the natural appearance of the valley and reduce the quality of the experience of visitors to the valley and the refuge.” Richard D. Schultz, Refuge Manager,Minnesota Valley Wildlife Refuge, U.S. Department of the Interior, Fish and Wildlife Service. Letter to Jeff Strate regarding a request to Manager Schultz’ for his expert opinion on a proposal to develop close to the bluff line (Hennepin Village), January 13, 1997 Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 23 of 29 Discussion:Alternate 6 would bifurcate State Park quality scenery within the valley and from both a possible City of Eden Prairie park facility (the Cedar Hills Club House) at Oak Creek at Hennepin Village and the Summit Oaks neighborhood on the northeast side of the valley. 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 andwest 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 erodeddown 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 *Editor’s note: Scuds are members of the class Crustacea, order Amphipoda. Scuds are distant cousins of crayfish and shrimp. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 24 of 29 Fredrick Miller Spring Interpretative sign at Fredrick Miller Spring Wading in Riley Creek near Fredrick Miller spring The map and all photos except the ski area photo are by Jeff Strate. Ski Area rope tow path photo courtesy of Brett Hope. Aerial photo of Cedar Hills Golf Course is from TerraServer. The printed overlays on the photo are inserted by the author for this presentation only. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 25 of 29 APPENDIX ITEM GREAT RIVER GREENING Great River Greening restores valuable and endangered natural areas and open spaces in the greater Twin Cities by engaging individuals and communities in stewardship of the Mississippi, Minnesota, and St. Croix river valleys and their watersheds. Since we started our work in 1995, we have engaged more than 12,000 volunteers in projects on public and private property along the Mississippi, Minnesota and St. Croix rivers to enhance the ecological quality of these spaces. By mobilizing and educating citizens to restore woods, prairies and other natural resources in their communities, we are building a community of individuals who will be good stewards of these natural areas in the future. WEBSITE: http://www.greatrivergreening.org/ BIG RIVERS PARTNERSHIP The Big Rivers Partnership is a team of nonprofit and government agencies that have joined forces to restore critical river valley habitat while building community investment in our urban natural resource base. The partnership provides resources and technical assistance to public and private landowners who wish to create ecologically sound management plans and make real, on- the-ground improvements to natural areas near the Mississippi and Minnesota rivers. Big River Partnership Members Great River Greening Friends of the Minnesota Valley Friends of the Mississippi River City of Saint Paul, Division of Parks and Recreation Metropolitan Council Minneapolis Parks and Recreation Board Minnesota Department of Natural Resources Minnesota Valley National Wildlife Refuge, U.S. Fish and Wildlife Service Mississippi National River and Recreation Area, National Park Service Ramsey County Parks and Recreation Department The Trust for Public Land WEBSITE: www.greatrivergreening.org/brp.asp Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 26 of 29 APPENDIX ITEM : Road salt and chemical studies 1 Environment Canada. 2000.Priority Substances List Assessment Report: Road Salts . August 2000 draft for public comments, 156 p. A hugesummary of information. 2 Minnesota Rules, Chapter 7050.0220 SPECIFICSTANDARDS OF QUALITY AND PURITY BY ASSOCIATED USE CLASSES (http://www.revisor.leg.state.mn.us/arule/7050/0220.html) 3 EPA. 2003. Secondary Drinking Water Regulations: Guidance for Nuisance Chemicals (http://www.epa.gov/safewater/consumer/2ndstandards.html). US Environmental Protection Agency, Washington, D.C. USA. 4 EPA. 1988. Ambient water quality criteria for chloride. USEnvironmental Protection Agency, Washington, D.C. USA. EPA 440/5-88-01. 5 Shoultz, B. 1997. RoadSalt: Minnesota's need to examine its use and effects. Lakeside Magazine - the Official Publication of the Minnesota Lales Association, January/February 1997. 6 Shoultz, B. 1997. RoadSalt Prt 2:Salt alternatives and methods to minimize salt impact. Lakeside Magazine - the Official Publication of the Minnesota Lales Association, January/February 1997. 7 Keating, J. 2001. Deicingsalt:Still on the table. Stormwater 2(4) May/June p. X: xx-xx. 8 Young, R. And K.Schreiber. 1999.Salt of the earth: Does road salt affect our waters. Lake Tides 24 (1): 1-3. U. of Wisconsin Extension, Stevens Point, WI 54481 http://www.uwex.edu 9 Minnesota Environment. November 2000.Worth his salt. http://www.pca.state.mn.us/publications/mnenvironment/fall2000/salt.html 10 Novotny, V., D.W.Smith, D.A.Kuemmel, J. Mastriano and A. Bartosova. 1999.Urban and Highway Snowmelt: Minimizing the Impact on Receiving Water. WERFProject 94-IRM-2. Water Environment Reserach Foundation, Alexandria, VA. 11 I-35W & Mississippi River Bridge Anti-Icing Project, Author(s): Cory Johnson, Report Date: Jul 2001, Report No.: 2001-22, Report/Product: http://www.lrrb.gen.mn.us/pdf/200122.pdf (2.28 MB) APPENDIX ITEMS: TROUT STREAM RESTORATION The Vermillion River Watershed Joint Powers Organization rules, including how to deal with stormwater: http://www.co.dakota.mn.us/NR/rdonlyres/00000ff9/nafeakedwmcapqcsmaijxtleoxblpya k/7a2Rules.pdf Miller Creek, Duluth http://www.duluthstreams.org/streams/miller.html Eagle Creek, Savage (an early appraisal of maintaining it) http://horticulture.coafes.umn.edu/vd/h5015/96papers/pphifer.htm Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 27 of 29 Spring Brook, Northfield/Dundas area (Study) ttp://www.stolaf.edu/depts/environmental-studies/courses/es-399%20home/es-399- 04/Projects/Jasperson_Project/intro.html Kinnickinnic River Land Trust, River Falls, http://kinniriver.org/ Valley Creek, Afton http://www.embraceopenspace.org/learn/t_valley.aspx APPENDIX ITEM The state of the lakes By Karla Wennerstrom, Eden Prairie News, September 14, 2006 Eden Prairie’s lakes and creeks will be under scrutiny in the coming months, according to a report to the City Council presented by Eden Prairie’s Environmental Coordinator Leslie Stovring. Eden Prairie is one of the “dirty 30,” 30 cities with the highest growth rate since 1988 that will have to provide reports detailing the effect development has had on their cities’ waters. Eden Prairie is fifth on the list behind Rochester, Woodbury, Maple Grove and Lakeville. “In 1988, the state wrote some rules that basically say the waters of this state are not to be impacted,” Stovring said. “When we say nondegradation, we are looking at how things were in 1988 and we’re supposed to have not degraded the waters since that time.” Joe Bischoff, a consultant with Wenck Associates, said the group will be compiling information for the Minnesota Pollution Control Agency on what effect development has had on water quality since 1988. Information will include the difference in impervious surface in the city and phosphorus levels in its lakes, for example. The requirement is a result of the MPCA being sued by the Minnesota Center for Environmental Advocacy, Stovring said. “A result of that was that they needed to address nondegradation. What happened is they kind of worked out a deal with the League of Cities, the MCEA, the Pollution Control Agency and our water resource coordinators group – to work out a reasonable solution.” Eden Prairie is one of the first five cities that will have to submit a nondegredation plan to the MPCA. “ We’re going to be under scrutiny,” Stovring said. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 28 of 29 “ We have a lot of concerns with it,” she said. “This is almost 20 years of development that’s occurred.” She said the city has been progressive with stormwater ponding and previously many sites were row crop, so, “In some ways, we might have better quality than we might have had under agriculture.” The financial impact of any corrective measures won’t be known for several months, Bischoff said, but it could be costly. “ It could end up requiring some costly projects to help correct some of the water quality issues in parts of the city,” Stovring said. Projects could include restoring banks and adding infiltration areas. Stovring said costs would be shared with the watershed district and some costs could also be covered by the stormwater utility fund, which totals about $1.6 million. “ We do know that we will have to do some projects,” Stovring said. “I know there are areas of the creek that will need stabilization. I’m sure we will need to retrofit some areas that were built without adequate stormwater ponding. … There may be some pond cleaning we need to do, which is not cheap either.” However, “We’re holding out hope that we’ve improved water quality,” said Public Works Director Gene Dietz. Public hearings will be part of the process. Stovring said it’s important to remember that everyone is responsible for the city’s water quality. “It’s not just the city, it’s the individual practices of the people who live and work in the city,” she said. “That’s what contributes to the water quality in our city. The way you fertilize your lawn, raking up leaves and grass, picking up litter and dog waste. All of those things contribute to the quality of our lakes and creeks.” Anderson Lakes The City Council was also updated on the status of several lakes in the city that have projects planned with local watershed districts. At Anderson Lakes, a proposed water level drawdown during the next two winters would allow the bottom sediments to freeze to help control invasive species and make room for native plants, providing habitat for wildlife. Snow melt and spring runoff help refill the lakes during the summer, Stovring said. “We’re hoping the teals and ducks and everything comes back because of this. … By bringing back this habitat it should only be an improvement in what they see out their window.” A public hearing process is planned before the drawdown, which would be a Nine Mile Creek Watershed District Project. Steve McComas of Blue Water Science is also doing plant surveys in Eden Prairie’s Anderson Lakes. He said drawing down the lake level should control curly leaf pondweed and improve native plants for wildlife habitat. The lake level would be brought back to the historic level of about 1 to 1.5 feet lower than it is now. Comments on Draft EAW “Hennepin Village Roadway Alternatives” Jeff Strate, April 11, 2007 Page 29 of 29 Birch Island Lake Water levels are to be restored to what they were before the construction of Highway 62 over the next two to five years. A stormwater pond would be upgraded and one new stormwater pond would be built. Stovring said the water level is anticipated to go up about seven feet. She said drain tile would have to be installed along the Crosstown corridor. “They will be boring under the freeway to connect some stormwater and surface water drainage from the upper watershed back into Birch Island Lake.” “When they put Crosstown through, they cut off the natural flow pattern to the lake,” she explained. She said this would bring groundwater back to the lake. She said work on the project could start as early as this year. Bryant Lake Whole lake alum treatment would be set in 2008 or 2009. Alum interacts with phosphorus in the water, causing it to settle into the sediments at the bottom of the lake, Stovring said. “t will just make it clearer so it’s more comfortable for swimming and boating,” she said. She said the alum helps clean the lake while waiting for stormwater improvements to work. Mitchell Lake Listed as an impaired body of water. Stovring said improvements at Round Lake will help water coming in to Mitchell. Recommendations include herbicide treatment to reduce curlyleaf pondweed and Eurasion watermilfoil for four years plus alum treatment for six years. Stovring said that because Mitchell Lake is so shallow, when water is more clear, native species start growing. “There will be plant growth still,” she said, “just a more diverse variety of native species and a better fish habitat. Rice Marsh and Riley Lakes Alum treatment set for 2007 or 2008. Round Lake Alum treatment would be set after stormwater pond construction finished. Monitoring of Round Lake over the summer has yielded positive results, according to Steve McComas of Blue Water Science, a consultant. “It’s about the best it’s been in the last 15-20 years,” he said. He said that assuming September is OK, “Round Lake will not be an impaired lake.” He said the clarity, phosphorus and algae levels meet criteria for an unimpaired lake. And bacteria levels have been low enough to be at safe swimming levels. McComas will continue to monitor the lake through September. The beach is expected to be open for swimming next year. Lorene McWaters From: Sent: To: Cc: Subject: Tundel@aol.com Saturday, March 31, 2007 2:00 PM Philip Young; Scott Neal Kathy Nelson; Jon Duckstad; Sherry Butcher; Brad Aho prospect road and airport My husband and I voted for each of you but we are extremely disappointed in your recent actions. If it were our choice, each of you would be replaced in your positions. This community has been opposed to airport expansion and yet now you have gone against the wishes of this community and have stepped up and presented the federal legislators with false information about the city's desire to improve and expand Flying Cloud airport. What gave any of you the right to make this presentationl91917 You stated that the Chamber of Commerce and the business community of Eden Prairie were in favor of expansion. It is highly unlikely that all business owners or their employees are residents of this community. Have they listened to the air traffic increase as they sit in their homes in other communities.?!? Businesses who desire airport expansion will also create greater use of all of this community's roads. Are you also willing to put out the money for improvements there? This letter must be retracted but more than that, each of you need to explain to this community and the federal legislators as to why you took it upon yourselves to make this decision. After viewing the last city council meeting on cable I saw another example of how this council works. Money was lacking in one area for the expansion of the community center yet it was decided that even though the community passed a referendum for a certain amount of money,it would be "just fine" to take the money needed from somewhere else.. ..just because that's the way things are done. In all actuality, each of you should step forward and offer your resignations as you certainly are not doing the jobs you were elected for. I would also like to comment on the Prospect Rd. extension. My husband and I live at 9751 Cupola Ln. This is in 100 feet of the proposed extension. We received a letter on the delay of this project until this fall but did not receive any other information about a discussion on this project. I do know that meetings have been held with community members who live off of Eden Praire Rd and Dell Road. Representatives of the city have spoken at these meetings. I realize that the size of these homes and their property values are probably of much greater importance to the city but to make matters fair to both sides, it would only seem right that the same information were given to both sides. My husband and I have owned 3 homes in this community and have raised our family here. We have recently downsized from 4,000 to 2,000 square feet. We feel that we are equally entitled to the same treatment as those living in higher priced neighborhoods. One of the arguments from the city to extend Prospect Rd is that another egress is needed in case of a fire. The only danger to this neighborhood as far as fire goes is if there were a fire in the Riley Creek area and the wooded land between Prospect and EP Road. No one in their right mind would drive into an area where there was a fire burning. When we purchased our home on Cupola Ln. we were told that there would be a path or small trail leading up to a clubhouse and pool on the site of the old golf course. We were told it would just be used for this neighborhood. I understand that this was info received from Ryland but in no way did we have knowledge that a thru road was planned. Please make sure that all groups involved in this issue are receiving equal information and time. Thank you.... Pete and Sandi Tundel ************************************** See what's free at http://www.aol.com . 1 Leslie Stovring From: Tundel@aol.com Sent: Tuesday, April 10, 2007 12:28 PM To: Gene Dietz; Leslie Stovring; Communications E-Mail; Brad Aho; Sherry Butcher; Jon Duckstad; Kathy Nelson Subject: Prospect Rd I am well aware of the difficult decision that will need to be made about Prospect Rd. Both sides of this issue are sharply divided and my concern is that the decision will be made for intirely the wrong reason. My husband and I have lived in EP for approximately 23 years. We have owned 3 new homes in this community. Before we downsized to our current home at 9751 Cupola Ln , we lived in a 4,000 sq.ft home at 10926 Franlo Rd. Our home did provide more taxes to the city of EP than does our current one. It is easy to see right now that the side with the most money is "winning the race" The mayor has assured the residents of the MN.River Bluff and Riley Creek Assoc. that if Prospect is not chosen that they would not automatically choose one of the alternatives. An email that I received on Sunday, April 1 at 12:30 pm from Mr Phil Young stated as follows, "..The plan has always been to build Prospect Rd. This may change, but I think it is unlikely." His decision has been made before any of the facts are in. Please tell me why the city is having meetings with those residents on the west side of Eden Prairie Rd. and yet only 14% of the residents of Summit Oaks were informed of this situation. The statement has frequently been made that the traffic flow is to the north. Why is it then neccesary to build an east / west route by extending Prospect Rd.? Eden Prairie Rd is already in existance and should be considered as an alternative by upgrading. There are already safety issues with Prospect Rd as far as sight lines and inclines go. Let's see what is decided Safety in one area or Money in the other. Please do more than drive thru these areas. Spend some time there at different periods of the day. Currently, there is not a huge traffic jam. The are times of day when it is difficult to exit on Spring Rd but what will approximately 400 homes in a new development do or that's right, traffic only flows north and south.. .Thank you for your consideration. Sandi Tundel **************************************. See what's free at http://www.aol.com . 4/10/2007 Loren and Norma Wuttke 16860 Flying Cloud Drive Eden Prairie MN 55347-3820 Telephone 952-934-1380 April 10, 2007 Mr. Scott Neal City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie MN 55344 Re: Public Comments on the EAW for Hennepin Village Prospect Road Dear Mr. Neal: Please consider our comments for the upcoming decision on the Prospect Road/Hennepin Village issue. Thank you in advance for your time and for the opportunity to express our opinion regarding this situation. "THE OTHER SISTER" The draft EAW for Oak Creek at Hennepin Village project has been read with much interest with comments from the public, including comments from the Hennepin Village citizenry who now have expressed major concerns about increased traffic through their residences of Hennepin Village Phase A. When Pemtom Land Company under the direction of Dan Herbst designed this large parcel of land, lying between Spring Road and Eden Prairie Road, they were successful in publicly presenting and obtaining approvals through the public process for a fresh, unique concept called HENNEPIN VILLAGE, designating it Phases A and B, creating a complete- harmonous—contiguous concept called "A VILLAGE". Now it appears that residents of Phase A do not want to accept their "other sister, Phase B," into the family fold by way of a crossover-connective road, even though all plans for its completion and subsequent connection by way of a road were public knowledge as well as a contractual, legally binding arrangement that the two phases, A and B, charted as Prospect Road, Sincerely, Mr. Scott Neal, City Manager Re: Public Comments on the EAW for Hennepin Village /Prospect Road April 10, 2007, Page Two be built by Pemton. This insistence to isolate Phase A from Phase B goes contrary to the concept of "A VILLAGE." Furthermore, it is invasive and confusing to the rest of us in this area outside of Hennepin Village to have to be involved with these disputes, changes, and unfinished business which, I believe, should have been worked out within the family framework of Hennepin Village residents and the Pemtom Land Company. Intentional or unintentional, this unfinished business has the appearance that Hennepin Village is demanding that some other neighborhood solve and finance a self-initiated situation they do not want to resolve within their own development In addition, these Phase A residents voiced concerns that traffic from the future development(s) west of Eden Prairie Road will flow past their front doors as well. As twenty- five-year area residents, we can assure them, that if connective Prospect Road were completed today, area residents would not need to use it as our traffic patterns and designation needs would take us north from this area. Because our area and the remaining developable area west of Eden Prairie Road lie at the far south end of Eden Prairie, all Eden Prairie community points of interest, i.e. churches, schools, parks, athletic fields, its shopping areas, etc. are located at a reference point north from this immediate area. Traveling through Hennepin Village Phases A and B would be illogical and time consuming when Eden Prairie Road so handily connects us to Pioneer Trail, Scenic Heights Road, 312/new 212, Highway 5, etc which, in turn, effortlessly connects us to major highway systems. In conclusion, I would encourage the Council to follow through on the contractual arrangement that was signed in 2001 for Prospect Road to be completed and paid for by Pemtom Land Company. Travis Wuttke 16860 Flying Cloud Dr. Eden Prairie, MN 55347 April 10, 2007 Scott Neal City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: DRAFT EAW Prospect Road Alternatives 30 day public comment period Dear Mr. Neal: To begin, I would like to commend City Staff, the City Commissions and City Council for their handling of the Voluntary Prospect Road Alternatives Environmental Assessments Worksheet and its subsequent public opportunity for comments. With much deliberation, I have researched the facts regarding the EAW, its subsequent proposed alternatives, along with the public records pertaining to the development of Hennepin Village beginning at the origin in 2001, and the basis for complete and well-engineered street infrastructure. This précis will be formatted in a By- Alternative outline containing points within the EAW, its strengths and inadequacies, and the accompanying opinions of each alternative presented. By the summary's end, I hope there will be a greater understanding of the natural opinion of the area landowners and the best possible course of action. Basis for initial argument against Prospect Road The fundamental argument initially conceived against the completed construction of the cross- over road, formally named Prospect Road, was two fold: Non-residential traffic along Prospect Road will increase once completed, and impacts along the Riley Creek Corridor regarding Miller Spring due to the addition of fill required to connect the abutting end of Prospect Road with Eden Prairie Road. In the following headings, these arguments will be either solidified or negated by each alternative proposed and capable solutions to remedy the situation will be postulated. Alternative 1: Connect existing Beverly Drive west to Turnbull Road This road alternative connects a now existing residential street with a private street in an east- west connection. Its location with respect to now existing Prospect Road is west and south. The purpose of this road was to create traffic mitigation for the southwest bluff land as an alternative to Prospect Road; however, it fails to solve any of the reasons to build Prospect Road. It does not connect Hennepin Village Phases A, C, or D, with proposed Phase B, nor connect the proposed clubhouse located currently at the Cedar Hills Golf Course Clubhouse with the rest of the Hennepin Village development. The road does not serve as any secondary access for any of Wuttke Page 2 April 10, 2007 the Hennepin Village sites, thus does not solve the fire and safety concerns. Connectivity within Hennepin Village for both continuity and street maintenance and safety are not solved by the addition of another road in the southwest area. Hypothetically, if Alternative 1 were to be constructed today instead of Prospect Road, Dell Road would also have to be improved and there has been objection by Turnbull Road area landowners against such an improvement. The addition of Alternative 1 as road infrastructure to the Southwest area in the long-term scope of further development may be foreseeable in the future, but it fails to solve any of the reasons the City initially required the developer to construct a road between Spring Road and Eden Prairie Road, namely: traffic mitigation, fire and emergency safety, easy road maintenance, and neighborhood connectivity along with access to local development amenities and local parks. Alternative 2: Construct a road south of and parallel to Beverly Drive connecting Eden Prairie Road and Turnbull Road This alternative suggests the construction of a new road running south and parallel to Beverly Drive and connecting up to Turnbull Road. Much of the same reasons presented in Alternative 1 apply here except this road would be constructed completely on private land and all road right- of-way access would have to be acquired at a much higher cost than Alternative 1. Another consideration is the roadway length of more than three times and impacted acreage of four times that of Prospect Road. The same logic in construction of Alternative 1 applies towards Alternative 2 whereas there are no solutions to the underlying reasons for Prospect Road completion regarding traffic mitigation, fire and emergency safety, easy road maintenance, and neighborhood connectivity along with access to local development amenities and local parks. Alternative 3: Realign Eden Prairie Road east connecting to Spring Road 400 feet north of Flying Cloud Drive Although this alternative may appear to solve the east-west connection, there are problems that are still not answered by the EAW. The first being Alternative 3 still crosses at a location with grades that can be as much as 10%, require 38% more roadway than Prospect Road yet impact 185% more wooded acreage and require close to 50,000 cubic yards of additional soil be moved (compared to Prospect Road). The connection between Eden Prairie Road and Spring Road would be created thus eliminating one constraint, yet Alternative 3 fails to include Hennepin Village phases A and B. The underlying reason for an east-west connection is to have continuity in road infrastructure as well as neighborhood connectivity for traffic flow, road maintenance, and emergency access. None of these aforementioned concerns are addressed. From the perspective of wildlife and plant preservation, the locations of Alternatives 3 and 4 to Prospect Road require further research be conducted to eliminate any question that the same possible environmental implications could not arise from constructing such an alternative. The EAW fails to address these concerns. The inadequacy of exhausting all environmental concerns coupled with the lack of traffic mitigation, fire and emergency safety, easy road maintenance, and neighborhood connectivity along with access to local development amenities and local parks, Alternative 3 cannot fully solve all the constraints of Prospect Road. Wuttke Page 3 April 10, 2007 Alternative 4: Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive Similar in nature, logic, and conclusion, Alternative 4 has many of the same complications and concerns addressed in Alternative 3. One caveat: Alternative 4 redirects traffic only 100 feet from an already busy intersection of County Road 4 and existing Highway 212, and further traffic study focusing on traffic demands and safety concerns of two uncontrolled intersections in close proximity would need to be constructed. Alternative 5: Realign Eden Prairie Road south connecting to Highway 212/Flying Cloud Drive The description of the EAW as stated in Question 6 of the EAW states, "The City of Eden Prairie is considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive." A realignment of Eden Prairie Road is suggested as this fifth alternative and cuts through the pristine Minnesota River Bluffs to connect 230 feet west of the existing Highway 212/Flying Cloud Drive intersection. The length of road right-of-way required is roughly 17% longer than Prospect Road yet impacts 180% more acreage of beautiful bluff land of which the City has so ardently preserved along the southern border of Hennepin Village Phases C and D. The cost of such a road along the bluffs both in land acquisition and construction does not clearly rationalize replacing one intersection for another—especially when the alternative presented still does not provide connectivity of Hennepin Village Phases A, C, and D with proposed Phase B, nor with the planned parks located along Eden Prairie Road at the Riley Creek Crossing (old Aitkins property) and the existing location of the Cedar Hills Golf Course Clubhouse. By observation, transient commuters use Eden Prairie Road as a shortcut northward from the south and southwestern neighboring cities. Traffic flow of current area residents is, in general, a northern and eastern direction. County Road 1 and the new Highway 312 provide east-west travel and County Road 4 north of Pioneer Trail provides northern travel to all required work and recreational activities within Eden Prairie and neighboring cities. Traffic along the completed Prospect Road would be used for Hennepin Village residential access to the City Park at the Riley Creek crossing at Eden Prairie Road and the redeveloped Cedar Hills Golf Course Clubhouse. Prospect Road would well serve the area residents of Hennepin Village Phases A and B, as well as C and D for connectivity. Alternative 6: Extend the existing Prospect Road off Spring Road to intersect with Eden Prairie Road This alternative cannot be reasonably considered an alternative since the City has already approved and agreed under the developer's agreement in 2001, but for argument's sake, and consistency with the EAW, it will be labeled an alternative. Within the preceding headings, I have outlined the problems that occur within the other five road alternatives. Here I will demonstrate the reasons for the construction of the Prospect Road. Wuttke Page 4 April 10, 2007 The first reason is traffic. This has been of concern to area residents. Prospect Road, once completed, will serve as a connecting street for Hennepin Village Phases A, C, and D to future residents of Phase B. It will also connect the entire Hennepin Village neighborhood to the shared amenities both on the east and west sides of Spring Road. A future City Park is planned for the Riley Creek Crossing at Eden Prairie Road and access to this Park by residents east of Riley Creek can be easily accomplished by Prospect Road. A concern of increased transient traffic was addressed by an existing Phase A resident. The EAW provides little indication that traffic on Prospect Road itself will increase because of transient commuters rather than residents of the future development of Hennepin Village Phase B. Another concern addressed at the Planning Commission meeting on April 9, 2007, was the heavy transient traffic at the intersection of Spring Road and Prospect Road heading north and south. Safety issues when exiting Prospect Road onto Spring Road were of importance to the residents who voiced their opinion. A second access onto Eden Prairie Road for Phase A residents would be well served for ingress and egress if this aforesaid intersection is such a hazard—thus concluding the completion of Prospect Road as necessary. The second reason is safety vehicle access. Construction of the units of Hennepin Village Phase A, as I understand, were not sprinkled with proper fire hazard mitigation measures because the final plan approved in 2001 for the entire Hennepin Village Neighborhood included the secondary access at Eden Prairie Road, namely Prospect Road. This requirement of secondary access not only applies to fire trucks, but also to police and ambulance vehicles. Without the Prospect Road/Eden Prairie Road connection, congestion at the existing Prospect Road dead-end could arise, creating confusion and chaos in an emergency event. The third is road and street maintenance. Connectivity has been a long-term strategy for the City and staff has done a wonderful job adhering to this philosophy. Snow removal, street cleaning, and spring sweeping costs are minimized with streets that connect. Connecting Prospect Road to Eden Prairie Road provides an efficient flow of right turns during snow season as well as street cleaning. Utility maintenance cost is also minimized with a second access into and out of neighborhoods. The forth is environmental. Some questions on the environmental impacts of a street crossing the Riley Creek Corridor were raised. Possible road construction plans have included building up the valley and providing a culvert for Riley Creek or constructing a bridge with a length required to keep within certain municipal grade requirements. The EAW does not give any clear indication that any fish or wildlife will be impacted negatively by either raising the road up to level and a culvert installed for a street or a bridge crossing over the creek. The addition of a street in impervious surface and fill is small in comparison to the overall picture of the completed Phase B addition and the future long-term outlook of the southwest area (as stated in the Comprehensive Guide Plan). Mitigation against loss of wildlife should be implemented, but not at the expense of efficiency or logic. A road with a culvert designed for Riley Creek or a bridge crossing over Riley Creek would tackle both these constraints without losing the aesthetic beauty of the area. Wuttke Page 5 April 10, 2007 Summary It is clear and evident that the City's original agreement in 2001 with the developer of Hennepin Village clearly demonstrates the City was looking at all possible aspects of the southwest bluff area when creating a long-term strategy for road construction and improvements. The description of the EAW exemplifies well the intent of the City in logically planning proper street placement for traffic mitigation, fire and emergency safety, easy road maintenance, and neighborhood connectivity along with access to local development amenities and local parks. The EAW exhausts all aspects of the Prospect Road connection in full. It is clear that Prospect Road either with or without a bridge is the most suitable and efficient alternative. Thank you to the City of Eden Prairie, Staff, City Commissions, and City Council as well as Wenck Associates, Inc. for providing a venue for public comment on such an important topic. Discretionary Environmental Assessment Worksheet Hennepin Vitlae Rbadway Alternatives AnaCysis . April version is on the City website for review 25. Parks, Recreation Areas and Trails 11. Fish, Wildlife Et Ecologically Sensitive Resources • Riley Creek Conservation Area — MN Land Cover Classification System (MLCCS) — High Quality Natural Community with Site of biodiversity Significance — Edge degradation • Construction practices to minimize impacts to trees and soils • Design layout evaluated to avoid known kittentail sites • Minnesota Valley Wildlife Refuge proximity 17. Water Quality: Surface Water Runoff • Clarify table to show tributary area (acres) as well as % for amount of surface water runoff increase • Provide information on impaired water status and how will be addressed • Specify data collection from Metropolitan Council monitoring station used (hydrologic, water quality & macroinvertebrate data) 21. Traffic • Dell Road improvements • Eden Prairie Road deficiencies • Ability to maintain existing corridor for Eden Prairie Road 29. Cumulative Impacts • Expand discussion of impacts beyond 2008 • Additional evaluation needs if Alternatives 1 through 5 selected • Minnesota Valley National Wildlife Refuge —Visible Impacts • Clarify use of nondegradation and stormwater management rules and standards • Expand discussion of volume and loading 30. Summary of Issues Based on alternative selected: • Reforestation • Floodplain storage • Wetlands • Infiltration / stormwater management • Ecological study • Bridge crossing / culvert sizing • Stormwater treatment alternatives • Archeological Study • Groundwater analysis • Shore Impact! Bluff Impact Zones General Comment Summary • General Comments not incorporated into EAW • Responses categorized • Summarized for ease of responding • Over 140 comment summaries • Not exact quotes • Individual comment letters are available to review Summary Responses "This comment will be conveyed to the City Council as it considers this issue" —General informational statement —Comment unclear — No answer needed —Comment reiterates information already addressed in the EAW — Related to information that will be evaluated further depending on the alternative selected — Level of detail not required in an EAW Comment Summary - Related to EAW 7. Project Magnitude 10. Cover Types 11. Fish, Wildlife & Ecologically Sensitive Resources 12. Physical Impacts on Water Resources 15. Erosion & Sedimentation 17. Water Quality: Surface Water Runoff 19. Geologic Hazards & Soil Conditions 21. Traffic 24. Odors, Noise and Dust 25. Nearby Resources 29. Cumulative Impacts 30. Other Potential Environmental Impacts not Mentioned in EAW Comment Summary - Issues not within Scope of EAW • Not addressed within the EAW format • Received during public comment period • Include items such as: — Financial Considerations —Alternative Selection — Prospect Road — Miscellaneous Comments — Editorial Comments 2 CITY COUNCIL AGENDA SECTION: Reports of the Director of Public Works DATE: May 1, 2007 DEPARTMENT/DIVISION: Eugene A. Dietz Public Works ITEM DESCRIPTION: Hennepin Village Roadway Alternate Selection ITEM NO.: XIV.E.2. Requested Action Move to: Approve construction of Prospect Road utilizing a culvert crossing as the selected alternative from the Hennepin Village Roadway Alternatives EAW analysis. Synopsis At its April 23, 2007, meeting, four Planning Commission members advised the City Council that Prospect Road is the proper roadway alternative; while three Planning Commissioners recommended against Alternative 6—Prospect Road. The minority opinion is that there should be further investigation to find an alternative other than the six that were studied to address all of the safety and transportation needs for this area. Staff recommends that Council approve the motion selecting Prospect Road as the preferred option. Background Information Staff will present the attached information along with some additional traffic information at the May 1 Council meeting in support of the selection of Prospect Road with a culvert creek crossing of Riley Creek. Attachments • Excerpt from the unapproved Planning Commission minutes of April 23, 2007 • Memorandum from Director of Public Works to Eden Prairie Planning Commission dated April 19, 2007 • Memorandum from Fire Marshall Allen Nelson (Excerpt From Unapproved Planning Commission Minutes, 4/23/07) VII. PLANNERS REPORTS A. Hennepin Village Roadway Alternatives EAW Determination of Accuracy and Completeness Stoltz asked the Commission Members if they felt the EAW was accurate and complete. Koenig stated she would still like more information on this project and did not feel the comments were complete. Dietz stated a lot of the comments were editorial in nature and that is why they appeared incomplete. Stovering said a lot of questions could not be adequately answered, so that is why they are being forwarded on to the City Council. MOTION by Rocheford, seconded by Schultz, to advise the City Council that the EAW document is accurate and complete, and that no further investigation of environmental impacts is needed. Pitzrick stated he views the EAW as irrelevant. Powell said this study will never be complete and there will always be issues in regards to the EAW and the six alternatives. Koenig stated she has lived on and off in Eden Prairie for 35 years and has felt the southwest area of Eden Prairie was suppose to be protected and now feels that is not happening. Seymour said the City is doing a very good of protecting that area and the EAW did a very good job of addressing the issues. Stoltz asked Rocheford to repeat his motion. Motion passed 5-2. B. Presentation of Hennepin Village Roadway Alternatives Stoltz asked the Commission Members for their decision on which alternative they would like to send to the City Council. Seymour commented he felt the City has been trying to do right to preserve the property since the project originated in 2001. Seymour stated he would pick Alternative 6 to send to the City Council. Powell said he cannot support Alternative 6 because of safety and traffic issues. He believes there are other alternatives that could be addressed. Such as having the City pay to have sprinklers put in all the homes in the area or work with MAC to find an access road. He stated as a last resort he would go with Alternative 5, but he will not support Alternative 6. Koenig concurred with what Powell stated. She believes there is too much environmentally at stake with Alternative 6 and she does not support any of the options. Schultz pointed out that Alternative 6 was originally the first alternative when this project started in 2001, and the City did come up with five additional alternatives His recommendation is for Alternative 6. He believes it is the best route for emergency use and best alternative for environmental impact. Pitzrick stated his biggest concern was the process this project has gone through. He pointed out that the City came up with five additional alternatives that did not resolve the problems associated with this project. He believes this entire process was distorted. Because he would like to preserve the uniqueness of Eden Prairie, he does not support any of the six alternatives. Rocheford stated he supports Alternative 6. Stoltz stated Alternative 6 is the best option. He commented that the City did a good job moving forward on this project. The overall results from the Planning Commission are as follows: 4 members in favor of Alternative 6 – Prospect Road 3 members opposed to Alternative 6 MEMORANDUM Date: April 19, 2007 To: Eden Prairie Planning Commission From: Eugene A. Dietz, P.E., Director of Public Works Subject: Roadway Alignment Alternative Selection Staff requests that the Planning Commission adopt a motion recommending to the City Council that Prospect Road be constructed from its current westerly terminus to Eden Prairie Road utilizing a culvert crossing. The balance of this Memorandum and attachments provides both background and basis for this conclusion in preparation for the 4/23/07 meeting. BACKGROUND Currently, the southerly end of Eden Prairie Road has five major deficiencies: • Width — the current roadway is less than 25 feet in width; the minimum urban standard for our community is 28 feet. • Steep grades – grades on the southerly segment of Eden Prairie Road exceed 14%. • Horizontal curves – in one particular location the roadway makes nearly a 90 degree turn. Standards in our community strive for a minimum curve that has a radius sufficient to accommodate a 30 mile per hour speed limit. • Site distances – both stopping site distance and entering site distance are deficient. Standards dictate that at least a 30 mile per hour site distance requirement be met for both entering onto the roadway from side streets and driveways as well as for emergency stopping. • Landing at TH 212 – safety standards require that there be a minimum of 50 to 100 feet of roadway with a grade of less than 2% to allow for safe stopping at the entrance to a high speed roadway. All of these deficiencies represent serious safety issues and only the issue of width could perhaps be addressed without major site impacts identified in the Discretionary EAW. As noted in the EAW Discussion Memorandum, this existing roadway is not adequate to support the urbanization proposed for the area (335 to 400 units). Attached is a map of the 6 alternatives and a simple matrix that shows the “Non-EAW” parameters that greatly influence the feasibility of the alternatives. Taken together with the matrix from the EAW process, staff offers the following analysis for each alternative (see attached alignment map): Alternative 1 This alternative would connect Beverly Drive to Turnbull Road and has the following significant characteristics: • The largest grading footprint • Adjacent conflict archeological sites • Combined cumulative impact • Does not provide secondary access to Site A • Will cost over $2 Million, assuming that the multi-million dollar home on the south side of Turnbull Lane can be avoided. Alternative 2 This roadway assumes an alignment through the Wuttke property during development and connected to Turnbull Road and has the following significant characteristics: • Second highest grading footprint • Highest tree loss • Is listed as having cumulative impacts • Does not provide secondary access to Site A • Has an estimated cost of at least $2.4 Million, assuming that the multi-million dollar home on the south side of Turnbull Lane can be avoided. Alternative 3 This alternative loops Eden Prairie Road east to Spring Road and has the following significant characteristics: • Nearly 7 acres of grading footprint • Nearly 5 acres of tree loss • Habitat and bio-diversity impacts • Does not provide secondary access to Site A • Cost is estimated to be at least $2.6 Million • Two homesteaded properties would need to be acquired, which could result in a much higher cost Alternative 4 Loop Eden Prairie Road easterly to Spring Road near Lions Tap. This alignment has the following significant characteristics: • Over six acres of grading footprint • Approximately two acres of tree loss • Major conflict with archeological site • Habitat and bio-diversity impacts • Bluff impacts • Does not provide secondary access to Site A • Cost estimated to be at least $3 Million • At least one home would be acquired and possibly two, which could increase the estimated cost Alternative 5 Loop Eden Prairie Road westerly to TH 212. This alignment has the following negative characteristics: • Over six acres of grading footprint • Over three acres of tree loss • Habitat and bio-diversity impact • Bluff impacts • Does not provide secondary access to Site A • Cost estimated to be at least $2-3 Million • At least one home would be acquired Alternative 6 This alternative is the approved Prospect Road connection and has the following significant characteristics: • Least amount of grading footprint at just over 2 acres • Although this alignment has the highest percentage of impervious area in its watershed, all of the alignments are a fractional portion of their respective watersheds. • Both the percentage of increase of runoff and phosphorous load were somewhat higher than the other alternatives, but all were a fractional portion of the loads in runoff in the watershed and any selected alternative, including Prospect Road, will have treatment to NURP standards. • This alternative is the only selection that provides a secondary access to Site A (Attached is a Memorandum from the Fire Marshall regarding the fire safety needs for the secondary access). • This alternative is the only one that is presently funded through a Developers Agreement commitment (and is the least costly). • This alternative is the only alternative that is guaranteed not to require acquisition of homesteaded property. Conclusion All of the alternatives have some deficiencies in one way or another. For example, Alternatives 3, 4 5 & 6 will all have grades that slightly exceed our desirable standard of 8% -- they require a 10% grade. All of the alignments have some environmental impact ranging from major tree loss to a controversial creek crossing. However, the only solution that can address all of the needs for urbanization of this area, has a feasible funding source and does not require the possible or real displacement of residents is the solution that was identified in 2001—Prospect Road. Staff has determined that modifications to the Prospect Road alignment can allow for the avoidance of the species called “kittentail”. It is clearly going to be necessary to establish proper erosion control and monitor grading during construction of the roadway. However, this was successfully completed with the work on the east side of Riley Creek—much of that area was disturbed with construction of Site A. Staff recommends that a culvert solution be utilized to cross the creek. Although there are desirable attributes for utilizing a bridge, it would require more disturbance in the creek valley. By utilizing a culvert, storm water from Site B and the roadway can be piped to the existing ponding areas on the east side of the creek, which can be enlarged to accommodate these drainage needs. If a bridge were to be constructed, it would require that ponding be created on the east side of the creek in the valley and it is our strong opinion that this creates more of a negative impact than the culvert option. Finally, staff will provide additional drawings and information that address some of the comments from existing Site A residents regarding traffic volumes. We will show streets that have similar volumes as those expected in both 2008 and ultimate build out of the neighborhood. Staff recommends that the Planning Commission recommend the Prospect Road Alternate with a culvert crossing of Riley Creek. To: George Esbensen, Fire Chief From: Allen Nelson, Fire Marshal Date: 4/13/2007 Re: Prospect Road Fire Department Access The City of Eden Prairie always attempts to provide multiple fire access points for residential neighborhoods in the City. This is one of the considerations when new developments are proposed. The fire codes provide for fire access to be required. The code recognizes that ideal fire access may not be possible and allows it to be modified if additional fire protection is provided. The City has worked with developers in these situations. Our preferred option is always fire sprinklers. The reason for providing this access includes getting to emergency situations as fast as possible. Having multiple ways into a neighborhood recognizes that the very conditions that create the emergency can compromise the access. Hennepin Village Special Considerations The Hennepin Village development was a new concept for Eden Prairie when it was proposed. The developer proposed very narrow lots with alleys, combined with multi-unit town homes. This provides firefighting challenges different from other areas in our City. The closer together the homes are placed, the faster the fire can ignite the adjoining homes. This situation is recognized in many older cities by their fall-back plan for stopping fires at the block of origin. The original position of the Fire Prevention Bureau was that this development would require fire sprinklers in the units. The developer proposed providing the best access he could to allow us to approach fires and other emergencies from multiple directions. This included Prospect Road extending from Spring Road to Eden Prairie Road. The Fire Prevention Bureau would not have agreed to the Hennepin Village “A” phase without the extension of Prospect Road or fire sprinklers in all units. Based on the above information it is imperative that Prospect Road be built as was originally agreed to and approved by all parties involved.