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HomeMy WebLinkAboutCity Council - 06/19/2007 AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY,JUNE 19, 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. HOUSING & COMMUNITY SERVICES UPDATE Council Chamber II. OPEN FORUM A. Dan Kitrell 1. Naming the Lake in Purgatory Park Recreation Area B. Bob Fransen 1. Geese 2. Beach Road C. Pat MulQueeny 1. Flying Cloud Airport Resolution D. Jill Fritz 1. Geese E. Todd Sjostrand 1. Pioneer Trail Expansion F. Mona Shah Housing & Community Services 40 ) , 41 :77111, City Council Presentation , June 19 , 2007 IIr1lI_ lI"III-iPP' l - 4 Our Office ......,...,_ • Located in the basement of the Eden Prairie Shopping Center. - ,� ,=y :�_ • O p g eratin from the Center since '1 1� ~ -7 . ,_ the summer of 2004. i ; • OFFICE OF HOUSING & .1 COMMUNITY SERVICES • Community Development Block hal Grant (CDBG) funds and Tenant CITY OF EDEN PRAIRIE Improvement funds allocated by General Growth were used to - construct and equip the office. • Police Department office. pi _ _;:`_ I .COAr- ter ,,. et .1-11: vileitiwij.... .. 4 _. 4; Staff • Molly Koivumaki — Manager • Mary Keating — Community Services Coordinator • Khadra Duale — Community Services Technician • Jeanne Karschnia — Rehab Housing Technician (CDBG funded position ) • Kerry Holtmeier Hallee— FamiLink Resource Center Coordinator (School District funded ) Immigration Services Immigration ., 1 �" Services • Somalis in Eden Prairie • There are an estimated 4,000 Somalis living in Eden Prairie — approximately 6.25 % of the total population • In the 2006-2007 school year 511 students who were tested for ELL services listed their primary language as Somali , approximately 4 .75% of the total student population etf BIF 4' The Immigration Services Technician. . . Immigrant Services Technician assists with : — Work Permits — INS Compliance — Cultural Interpretation/Integration — School District/Community Group Collaborations I,,c vileitiwij.... .. 4 _. et 4; Immigration Services • Provides assistance to: — New immigrants arriving in Eden Prairie — City Staff, Police, Fire, Park & Recreation — School District — Neighborhood Associations/Apartment Complexes — Churches — Library Staff Immigration , l Services I • roviding Assistance to City Staff, Police, Fire Recreation in the follovg way: -Translates ordinances, zoning laws xplains police procedure = _ = nal s and the Po+ace -Assists Fire Dept teach fire tyM - Helps with participation/inclusion in Par or • Recreation programs _ -Teaches language & cultural classes to City Staff 10. • Immigration Services • Provides Assistance to School District -Works in collaboration with District Staff to promote Early Childhood Education -Helps promote school readiness programs -Assists in resolving issues with special needs families . Ie4c -1 etf %I BIF 4' 4 4; %- hill Immigration Services • Provides Assistance to Neighborhood Associations and Apartment Complex Managers -Helps Immigrant residents understand homeowner association covenants • Explains rental and lease agreements +.111111 Immigration Services / , • Provides Assistance to Churches ' i 1 (, -Helps place volunteer resources with needs: - ?Il ' I Examples: v. , - a • Wooddale Church s � r `,ni, . er — Sewing Group — Mentoring Program ; • .. A� _ r • Eden Prairie Common Ground �:�. r ►��--�_ — Mentoring 4,41 , F Immigration Services • Provides Assistance to Eden Prairie Library Staff Ai :- -Assists staff with literacy �• It4 programs for youth and adults. r -Helps organize community p g Y a _ cultural events and -- celebrations. -Teaches Immigrant families how to use the resources of the library. „if . „ iipp e , 4 .x hill Immigration Services ii; t Signs of Progress within the . ... w .r lilp Immigrant Community '‘ .0, 4r •Somali Parents Group 4 •Greater use of park and , . i . . .j rrecreaton facilities i R a • Integration into business -- --.. �1 j • i 37v =;- g communit ' i V.- } y • - -. 1 . • Mosque , - T- ,''' Contracted Services trU i ir ., 4 ---ilic -446‘r 4 .11.fflA" hill CONTRACTED SERVICES SERVING EDEN PRAIRIE _ , • Families , 0._ • Seniors ak • Youth � `9 r; lafrirs- 4111g. HUMAN SERVICES REVIEW COMMITTEE FUNDING CRITERIA Process for Selecting Providers: • based on current data for Eden Prairie, fund programs that assist people with basic needs of daily living • ensure a reasonable balance in funding programs to various targeted populations (seniors, youth, immigrants, families) • consider the ability of programs to continue services with other likely funding possibilities • fund programs that are accessible financially and geographically • consider the number of clients impacted with the dollars requested • history of working in collaboration with other agencies and providers • funding recommendations forwarded to Council for approval Monitoring Services: • review quarterly reports submitted with invoice for payment • talk to providers about services and trends they are seeing • conduct site visits • interview by full Committee Apo- 4te FAMILIES � TONE • CORNERSTONE Target Population - Victims of Domestic Abuse Eden Prairie Residents Served - 533 Cost of Service - $256,704.00 Eden Prairie Contract Amount - $27,500.00 Services 24 Hour Emergency Shelter, Legal Services, Counseling, Crisis Intervention, PAVE — Preventing Abuse and Violence through Education (on site at CMS and High School). f4,,,,6111111 1"7. .maet FAM I L 1 E S Bringing people together to make change happen FAMILY E CHJLI}REN'S SERVICE • Family and Children 's Services Target Population - Eden Prairie residents Eden Prairie residents served - 11 Charged per services rendered : $4,900.00 Services Therapist facilitated counseling for families, individuals and couples; support team coordination and counseling elii fillilli"112171 .max FAMILIES • Family Center Plus Outreach Program Target Population -Immigrant Families with Pre-Schoolers Eden Prairie Residents Served - 103 Cost of Service - $28,210.00 Eden Prairie Contract Amount - $ 13,570.00 Servicesf: Early Childhood Development Education, Parenting ' Classes, Outreachtr II . NM r�r"k .� Y Cif • .max FAMILIES • PROP Target Population — Residents of Eden Prairie Eden Prairie Households Served — 3, 109 Cost of Service - $52,490.00 Eden Prairie Contract Amount - $32,000.00 ' { r ) li111 ; / . Services , „, Ars + a _ It) General Operating: Food Shelf 74111,„► 1YYe ; et if4,6114 -1"°". ' SENIORS • MEALS ON WHEELS Target Population - Seniors, disabled Eden Prairie Residents Served - 59 (9,223 meals) Cost of Service - $59,818.00 ($29,000.00 cost of meals) Eden Prairie Contract Amount - $5,000.00 Services Delivery of hot, nutritious meals to homebound disabled and temporarily incapacitated residents of Eden Prairie; Blizzard Bags et ifk4,6114 -1t4". ' SENIORS • SENIOR COMMUNITY SERVICES Target Population - Eden Prairie Senior Residents Eden Prairie Residents Served - 1 , 151 Cost of Service - $52, 123.00 Eden Prairie Contract Amount - $27,865.00 SERVICES • Outreach, Assessment, Care/Service Coordination `? 11' '4 " and Family Consultations. _ _ i et if4,6114 -1"°". ' YOUTH • STOREFRONT GROUP Target Population - High Risk Youth ages 11 -18 1 ' 11 Eden Prairie Residents Served -56 ' `A Cost of Service - $ 10,430.00 r ; Eden Prairie Contract Amount - $ 10,000.00 1 SERVICES Counseling for youth experiencing emotional, social or behavioral problems or involved in the juvenile justice system, chemical use or mental health issues. et if4,6114 -1"°". ' - 4 _. .max ..... ilic YOUTH • YMCA We build strong kids, strong families, Target Population - Youth 12-18 strong communities. Eden Prairie residents served - 83 Cost of Service - $55,586.00 Eden Prairie Contract Amount - $25,000.00 SERVICES Y's Start after school programming for 7th and 8th graders, Youth in Government for 11th and 12th grade students, school day work in EBD classes, and field trips. cif „ +. 4621111 "Illiali7j .max ..... YOUTH • TEENS ALONE Target Population - At-risk youth , families and runaways Eden Prairie Residents Served - 155 Cost of Service - $78,710 .00 2 IP '`" Eden Prairie Contract Amount - $8,240.00 _, , - 4SV48g-TEE. �.!NI SERVICES y`+ r Crisis intervention, individual/family counseling, group counseling and shelter. cif !, .6„. .114 4ihte COMMUNITY DEVELOPMENT • Block Grant Funding Providing Services To Eden Prairie Residents _ 4 HOMELINE • Tenant Advocacy and Legal Assistance Target Population - Local renters or home owners Eden Prairie Residents Served - 182 Cost of Service - $4,397.68 Eden Prairie Contract Amount - $5,000.00 HOME SERVICES Renters Hotline, Tenant Advocacy, Legal Services, (sp High School Renter Education Program. ��� "Illialf .max H . O . M . E . • Household and Outdoor Maintenance for Elderly Target Population - Senior or Disabled Homeowners Eden Prairie Residents Served - 41 (485 projects) Cost of Service - $24,490.00 Eden Prairie Contract Amount - $6,000.00 SERVICES Lawn mowing, snow removal, minor carpentry, 1 {r plumbing, electrical repair, house cleaning, cooking k - - .; and laundry. F• i et if4,6114 -1"°". ' PROP • Emergency Housing Assistance Target Population - Eden Prairie Renters/Homeowners Eden Prairie Residents Served - 105 Households Cost of Service - $65,351 .00 Eden Prairie Contract Amount - $ 13,000.00 SERVICES Financial assistance for renters to avoid eviction, mortgage payments to avoid foreclosure, security deposits for families to move into affordable housing, utilities. 1117al EMERGENCY VEHICLE REPAIR • Emergency Vehicle Repair (Pilot Project) Target Population - Low-Income Eden Prairie Residents Eden Prairie Residents Served - 4 (Nov. , Dec. 2006) Cost of Service - $2,597.50 Eden Prairie Contract Amount - $3,000.00 SERVICES Contribute to the reduced cost, up to $750.00, of car repair, for low-income working families, at one of five local garages. Housing Rehabilitation Program etif REHABILITATION LOAN PROGRAM •Program is funded with Community Development Block Grant funds •Program to help home owners maintain their homes and properties Terms of the loans: •Income eligible home owners. •The loans include a 5% simple interest that accrues for a maximum of 10 years. •Loan repayment is deferred until the homeowners sell their home, or in 30 years, whichever occurs first. •Homeowners can repay the entire loan at any time. The loan is secured with a lien filed on the property aif1/4. ppp .max INCOME LIMITS • To be eligible for this program, Eden Prairie residents must own and live in their home. They must also have a gross income below the following HUD determined limits: Household Size Combined Income Household Size Combined Income Limit Limit One $41 ,700 Five $64,350 Two 47,700 Six 69,150 Three 53,650 Seven 73,900 Four 59,600 Eight 78,650 Cif ppp e .max Process Application HOUSING REHABILITATION Inspect Property PROCESS & Draft Scope of Work elect Contractors • • Proceed with Work Pay Inspect Contractor Completed Work . oaf' • ■ • . . . . . . . . . ■1 .1ql . II!i:1i7idekf Homes on the following streets were updated in 2006 with the help of the Rehab Loan Program • Amherst Lane • Kingston Drive • Black Maple Drive • Lee Dr • Chennault Way • Preserve Boulevard • Heather Drive • Rustic Hills Drive • Joseph Curve • Tamarack Trail /4 Alf.. , 'i app .4. , 4 4.1*- . la ..x ..... _ Tamarack T ra i I �- ��s��-= == ____ ______ . -== Homeowner: Single Female :trAi ` _ : w - Income Limit: $47,700 _ — _-_ Income: $43,500 ; 1 � Y : Amount of Loan: $27,654 f :T - Improvements include: new windows, new furnace and air conditioner, new driveway, 1 new trim and siding, and flooring in bathroom. i ' 11 Iiiii appreciate the opportunity to do things to . my home to make it more energy efficient. I $.; -! _ 'A have noticed a significant reduction in my . ( �, energy bills since replacing my windows and furnace. I could never have afforded these ! - - �, a repairs without the rehab loan program." - - - . /4 etif. , 'i iip. .4. , 4 4,0- . la ..x ..... _ .r- w . Heather Avenue I. - ? ! 1 ' 1 Homeowner: Retired Couple 1 `.' i i, Income Limit: $47,700LIMI/1- �• w� ,. .1Income: $40,333 1Y1' L � Loan Amount: $18,366 r ` Improvements include: replacing deck, +_ kitchen cabinets and counter tops, patio door, , r bath vanity, basement shower and stool. Fr, r. ..' "It is a wonderful program. The whole process was very easy. We have lived in our :• �' home for over 30 years and the loan gave us o _.� , the abilityto do some much needed repairs. 1 I II ! ., - -- It is a good deal that allows retired people on riii, a fixed income to fix uptheir homes." 'l illI /4 etif.. , ;., app .4. , 4 la Ai,- .... ..... _ .r- -.. Gerard Drive : x ... . .�-ice_: ,¢ ,- *-,--. Homeowner: Family of Nine _ =— Income Limit: $80,500 0 ip= - IJUL1P-1 Income: $75,4544_ Loan Amount: $30,000 r Improvements include: new windows and doors, new siding, roof, garage door, driveway, and brick fascia. Drain tile was yh • r :n . max added and basement was waterproofed and w finished. "' ' • • , °`, "We . - . ..-.,„ ,_:„._ _ ED ,. were able to do so many more LI' ...-- f improvements because we were allowed to -� do the work ourselves. The whole process " . was very easy. Our house looks great thanks :.;:.� a to the housing rehab program." AL etf %I 6114111117414 MARKETING • Brochures at Building Department • City of Eden Prairie Website • Brochure sent out with City Water Bill • Star Tribune Newspaper (West Metro Section ) et lic: 4114 -1"PtiFj _._ _ . GOALS FOR 2007 •The goal is to help 12 Eden Prairie residents with loans of up to $30,000 each during 2007. 4-- So far, 6 homeowners have been approved and ��* 24 applications have been sent out to interested homeowners. FamiLink Resource Center PF4' oproN PRAre:, BPS 5��1R11 Famr1jnk DEN RESOURCE CENTER PRAIRIE Eden Prairie FamiLink Resource Center A Partnership between Eden Prairie Schools and the City of Eden Prairie • et t: 461 toeN PRAj, Famhink FamiLink Resource Center RESOURCE CENTER •Provides information and referrals to callers and walk-ins for issues related to: ➢ Housing ➢ Education ➢ Family or health care issues ➢ Legal services ➢ Financial assistance ➢ Employment ➢ Childcare ➢ And many other community resources and supports •Investigates resources, does the research necessary to discover the best resources for a family or individual's situation, and follows-up to ensure that clients have been connected to resources that meet their needs This service is free and confidential and available to anyone who lives, works or goes to school in Eden Prairie. irtalVirlifia7.B.. .- EP FamiLink Statistics 00 From May 2006 — May 2007 the Resource Center served 1 ,061 clients. Of these : 4, - 565 were new clients — 495 were repeat clients — 725 were callers !' �, — 323 were walk-ins — 13 were emails • etif app .max May 2006 - May 2007 Resource Center Calls: Employment/Training 585 111 Housing 535 Financial (includes questions 337 related to rental assistance, car repair, and childcare financial assistance) -' City & Community Information 176 Health Care (low cost and 128 insurance) 1111111.1111114 Education 125 Legal 104 Childcare 92 Material Goods 80 Food 41 - :41! Community Connections The Resource Center Coordinator serves on following committees in an effort to better understand community needs and resources available and to create new collaborations to address gaps in services: •Facilitates Immigrant Services Group •Eden Prairie Professionals in Aging •Facilitates Eden Prairie Transportation Committee •Eden Prairie Family Center Advisory Council •West Metro Homeless Youth Task Force •Eden Prairie FamiLink Advisory Council •Hennepin County Alliance for Children and Families •Hennepin South Services Collaborative Schools and Community Partnerships, Self Sufficiency and Mental Health Coordination Teams tt: (A74*IIFfiFjW 111111114 Eden Prairie Transportation Committee The Eden Prairie Transportation Committee meets monthly at SW Transit to address transportation concerns in the community. The group has worked on the following issues: ➢ Eden Prairie Shopping Bus. ➢Transportation survey in partnership with CAPSH to identify needs and barriers. ➢ Medical transportation solutions for Eden Prairie residents. /A OS , .i ppp .4. 4. .max lig _. Eden Prairie Immigrant Services Group • The Eden Prairie Immigrant Services group meets monthly to • both share program information I= I - and learn about new programs to a : : I 4, ,IIIN better serve immigrants in our community. • The group email list goes out to 85 '' ..ti 4- , . . . .4_ ,„,,,,,,,,if 1 ' ' . -.. --.. individuals working in the city, {til school, county, local colleges, ; �67,., library, human service 4tr organizations, counseling :g .. organizations, public health and more. etf !,_ 3F h,._ .i...4 6 5 i 1 1 1 1 iiiiii it e 4i,0 f"j 4 t t Thank you for your time, Office of Housing and Community Services AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 19, 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 Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. NATIONAL DAY OF THE COWBOY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 5, 2007 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 5, 2007 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION VIII. CONSENT CALENDAR A. AWARD CONTRACT FOR TECHNOLOGY DRIVE STREETSCAPE/ LANDSCAPE PROJECT, I.C. 07-5691 B. APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER PERMIT PROGRAM, I.C. 02-5585 C. APPROVE ADDITIONAL CONSTRUCTION INSPECTION BUDGET FOR SRF CONSULTING GROUP INC. FOR TH 212/CHARLSON ROAD IMPROVEMENT PROJECT, I.C. 05-5638 D. APPROVE CHANGE ORDER NO. 2 FOR TH 212/CHARLSON ROAD IMPROVEMENT PROJECT, I.C. 05-5638 CITY COUNCIL AGENDA June 19, 2007 Page 2 E. APPROVE CHANGE ORDER NO. 1 FOR LONE OAK CENTER TRAFFIC SIGNAL PROJECT, I.C. 06-5675 F. APPROVE ADDITIONAL DESIGN PHASE SERVICES FOR SEH INC. FOR VALLEY VIEW ROAD RECONSTRUCTION PROJECT, I.C. 02-5586 G. AWARD 2007 CITY CENTER ASPHALT PARKING LOT REPLACEMENT CONTRACT TO MINNESOTA ROADWAYS CO. H. APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR PIONEER TRAIL STORM SEWER IMPROVEMENTS, I.C. 07-5694 I. ADOPT RESOLUTION APPROVING CONTRACT WITH THE STATE OF MINNESOTA FOR THE INSTITUTION COMMUNITY WORK CREW J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING TO PREPARE A TOWN CENTER STREETSCAPE MASTER PLAN K. CONSENT TO ASSIGNMENT AND ASSUMPTION OF REGULATORY AGREEMENT FOR THE PARKWAY APARTMENTS L. ACCEPT PROPOSAL FROM E.F. JOHNSON FOR REPLACEMENT RADIOS UNDER THE SPRINT/NEXTEL RE-BANDING AGREEMENT IX. PUBLIC HEARINGS/MEETINGS A. LARIAT CENTER III ADDITION Request for: Planned Unit Development Concept Review on 3.96 acres, Planned Unit Development District Review on 3.96 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 3.96 acres and Site Plan Review on 3.96 acres. Location: Prairie Center Drive & Crystal View Road. (Resolution for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Amendment) B. WILSON RIDGE OFFICE BUILDING Request for: Planned Unit Development Concept Review on 6.89 acres, Planned Unit Development District Review on 6.89 acres, Zoning District Amendment in the Office Zoning District on 6389 acres, Site Plan Review on 6.89 acres and Preliminary Plat on 6.89 acres into one lot. Location: 7480 Flying Cloud Drive. (Resolution for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Amendment; Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL AGENDA June 19, 2007 Page 3 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMUNITY ADVISORY COMMITTEE FOR THE SOUTHWEST TRANSITWAY, I.C. 07-5702 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Flying Cloud Airport Resolution (Council Member Butcher) B. REPORT OF CITY MANAGER 1. Sesquicentennial Citizen Planning Committee 2. Submittal of Project for 2008 State Bonding Bill C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Town Center Guidelines and Ordinance Update D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Center Walking Track 2. Renaming of Purgatory Creek Recreation Area 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 '4., PROCLAMATION ITEM NO.: IV.A. 414; City of Eden Prairie Hennepin County, Minnesota WHEREAS,pioneering men and women,recognized as cowboys,help establish the American West; and WHEREAS,that cowboy spirit continues to infuse this country with its solid character, sound family values, and good common sense; and WHEREAS,the cowboy embodies honesty, integrity, courage, compassion,respect, a strong work ethic, and patriotism; and WHEREAS,the cowboy loves, lives off of, and depends on the land and its creatures, and is an excellent steward,protecting and enhancing the environment; and WHEREAS, approximately 800,000 ranchers conduct business in all 50 states and contribute to the economic well being of nearly every county in the nation; and WHEREAS,rodeo is the sixth most watched sport in the United States; and WHEREAS,membership in rodeo and other organizations encompassing the livelihood of a cowboy transcends race and sex and spans every generation; and WHEREAS,the cowboy is an American icon; and WHEREAS,to recognize the American cowboy is to acknowledge the ongoing commitment of the United States to an esteemed and enduring code of conduct; and WHEREAS, the ongoing contributions made by cowboys to their communities should be recognized and encouraged. NOW, THEREFORE,BE IT PROCLAIMED THAT: The Mayor and City Council of the City of Eden Prairie,Minnesota, designate July 28,2007, as Day of the Cowboy in Eden Prairie ADOPTED by the Eden Prairie City Council on this 19t1i day of June 2007. IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie. Phil Young,Mayor on behalf of Council Members: Brad Aho Sherry Butcher Kathy Nelson Jon Duckstad E ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, JUNE 5, 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 CEMETERY TASK FORCE: Lee Wenzel, Chair; Task Force Members Robert Amell; Gerry Beckmann, Pat Bell, Wall Gelecinskyi, and Mike Rogers; Stu Fox, Staff Liaison Heritage Room II Mayor Young and Council Member Nelson joined the meeting at approximately 6:15 p.m. Sherry Butcher opened the meeting in Mayor Young's absence. Task Force Member Robert Amell was also absent. I. CEMETERY TASK FORCE REPORT Parks Manager Stu Fox said the Cemetery Task Force was formed at the request of Council after several residents made emotional pleas to the City Council for exceptions to the Pleasant Hill Cemetery regulations. Task force membership includes a lot owner, a neighbor, a local funeral home representative, a Heritage Preservation Commission member, a representative from the Eden Prairie Cemetery Board, and a member at-large. The Cemetery Task Force's charter was to review and make recommendations on: • Rules and operations • Supply of and demand for lots • Aesthetics Cemetery Task Force Chair Lee Wenzel made a PowerPoint presentation on the task force's report. Operations and Rules Recommendations The task force made recommendations on marker sizes and rules for placement of flowers,plants and paraphernalia. The task force recommends that every grave have a permanent marker and that damaged markers and skirts be repaired. They also recommended that monuments be allowed in the front,unused portion of Section 3. Demand and Pricing The Task Force recommends charging $500 per lot for residents and $650 for non- residents. Aesthetics and Capital Improvements The task force recommends that ornamental fencing encompass the entire cemetery; acquisition of additional land; and design of a focal area of reflection and contemplation. The task force also recommends that cemetery information by distributed on the internet and with a print brochure. They also asked the City to consider developing a database of cemetery records that would be available on the internet. Other items discussed by the task force included: • Means of contacting rules violators • Maintenance standards • Scattering of ashes • Enforcement of rules • Hours • Lighting • Replacement of the cemetery sign • Installation of benches • Irrigation • Upgrade of the area in front of the fence Wenzel asked for Council input on rules for flowers and paraphernalia. Council Member Aho said people place flowers and other items as part of the grieving process,but that perhaps it makes sense to adopt time limits for those types of items. Beckmann said the Task Force recommendations accommodate placement of items for anniversaries and birthdays. Butcher asked if people are aware of the rules and regulations. Mike Rogers, Eden Prairie Cemetery Board Member, said he usually only moves items if they are in the way of the mowers. He said it is hard to make a cut and dried rule about placement of flowers and paraphernalia. Funeral Home Director Wally Gelecinskyi said when people are planning a funeral, they are grieving and do not pay attention to rules and regulations. Council Member Butcher said she would like to discuss the option of allowing monuments in Section 3 of the cemetery. Fox said flush markers have always been required because they allow for mowing and maintenance around the graves; however, this is no longer an issue. He said people who were not allowed to place monument markers may be annoyed if the rules are changed; however, he thinks Council should consider allowing 36" slanted monument markers in Section 3. Butcher said the ability to mow around the monument markers is a valid reason to change rules to allow them. Gelecinskyi said he thinks permitting upright monument markers will reduce placement of other paraphernalia on and around graves. Aho said he likes the idea of appointing a Cemetery Board and using volunteers to help maintain the grounds. Butcher said she also likes those ideas. Council Chamber II. OPEN FORUM No one was scheduled to speak at Open Forum. III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 5, 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 Mayor Young called the meeting to order at 7:03 p.m. City Planner Michael Franzen and Community Development Director Janet Jeremiah were absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. 2006 HUMAN RIGHTS AWARDS Pam Spera and Molly Koivamaki, representing the Human Rights &Diversity Commission, reviewed the history and purpose of the City's Human Rights Awards and announced the winners of the three awards for 2006: 2006 Human Rights Award—Non-Profit Organization Recipient Eden Prairie Presbyterian Church received the Non-Profit Organization award for their partnership with the Spanish Evangelical church Rey de Reyes to allow Rey de Reyes to worship at their facility on Saturday and Sunday afternoons. 2006 Human Rights Award—Individual Recipient Cindy Eddy received the Individual Recipient award for her many years of volunteer work at PROP that recently included her developing the PROP Shop, a resale shop designed to help local families in need. 2006 Human Rights Award—Business Recipient Sun Current Newspapers received the Business Recipient award for their series of articles entitled POVERTY: THE POOR NEXT DOOR. CITY COUNCIL MINUTES June 5,2007 Page 2 B. MAGC (MINNESOTA ASSOCIATION OF GOVERNMENT COMMUNICATORS) AWARDS Neal introduced Communications Manager Joyce Lorenz who gave a short presentation on the MAGC awards the City recently received. Lorenz said the MAGC is a state-wide organization of government communicators representing cities, counties, and government agencies of all sizes. The Communication Division recently received two Awards of Excellence, one for the 2007 Spring/Summer Parks and Recreation Brochure and one for the 2007 Women's Fire Service Expo Public Information Campaign poster and other materials. They also received two Awards of Merit. C. MS. MINNESOTA PROCLAMATION Mayor Young proclaimed that the Mayor and City Council of the City of Eden Prairie, Minnesota, extend their best wishes and support to Ms Nicole Swanson in her capacity to represent the state of Minnesota as Minnesota's entrant to the Miss America Pageant. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted the memorandum before the Council Members adding Item VII.G. ADOPT RESOLUTION 2007-68 AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FOR THE SAFE & SOBER COMMUNITIES PROJECT. He also added Item XIV.B.2. Part II of Council Planning Session. MOTION: Duckstad moved, seconded by Nelson, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. OPEN FORUM/OPEN PODIUM HELD TUESDAY, MAY 15, 2007 MOTION: Aho moved, seconded by Butcher, to approve the minutes of the Open Forum/Open Podium held Tuesday, May 15, 2007, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 15, 2007 MOTION: Nelson moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, May 15, 2007, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS & DIVERSITY COMMISSION CITY COUNCIL MINUTES June 5,2007 Page 3 Neal introduced Human Rights &Diversity Commission representative Pam Spera and Staff Liaison Molly Koivumaki. Ms Spera reviewed the charter and work of the commission. She said they meet with victims of bias and citizens who have issues of human rights or diversity. They also promote awareness in the community on issues of diversity. Ms Spera said the commission participates in selecting the winners of the Human Rights Awards. The commission had displays at the Eden Prairie Library to celebrate special monthly diversity events. They work with the Park& Recreation Commission to plan the annual International Festival and also work with other nearby communities for special events. The commission works on the items listed in their Strategic Planning chart on a regular basis. Mayor Young thanked Ms Spera for the report and for the commission's work. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2007-65 APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE 2ND ADDITION C. ADOPT RESOLUTION NO. 2007-66 APPROVING FINAL PLAT OF DELL STATION D. ADOPT RESOLUTION NO. 2007-67 APPROVING PARTICIPATION IN A RETIREMENT ENHANCEMENT BENEFITS PROGRAM (REBA) E. APPROVE CAFETERIA PLAN MASTER DOCUMENT F. APPROVE AGREEMENT WITH HENNEPIN COUNTY TO BECOME A REGIONWIDE PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEM SUBSCRIBER AND TO BECOME AN INTERCONNECTED DISPATCH FACILITY ON THE COUNTYWIDE 800 MHZ TRUNKED RADIO SUBSYSTEM G. ADOPT RESOLUTION NO. 2007-68 AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FOR THE SAFE & SOBER COMMUNITIES PROJECT MOTION: Butcher moved, seconded by Duckstad, to approve Items A-G of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. LIFE CHURCH Request for: Planned Unit Development Concept Review on 7.96 acres, Planned Unit Development District Review on 7.96 acres, Zoning District Amendment within the Public Zoning District on 7.96 acres and Site Plan Review CITY COUNCIL MINUTES June 5,2007 Page 4 on 7.96 acres. Location: 14100 Valley View Road. (Resolution No. 2007-69 for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Amendment) Neal said official notice of this public hearing was published in the May 24, 2007, Eden Prairie Sun Current and sent to 82 property owners. He said the proposed plan shows an 8,412 square foot addition to an existing 21,000 square foot church. The applicant is requesting an exterior materials waiver from the 75% face brick, glass, and stone requirement to allow the existing wood to be replaced with a material called hardiboard. The church requested the hardiboard to be applied as a panel (Option A). The Planning Commission and staff recommended the hardiboard be applied as lap siding (Option B) in order to be consistent with the wood character of the existing building. The 120-day Review Period for this project expires August 28, 2007. The Planning Commission voted 5-0 with one abstention to recommend approval of the project at the May 14, 2007 meeting. Nicole Thompson, architect for the project, said the church wants to apply the hardiboard as panels in order to modernize the look of the building, to help with the scale of the building, to accommodate future plans for expansion and to decrease the cost. Butcher asked Thompson to describe the hardiboard material. Thompson said it is a durable fiber cement board and comes with a 50 year warranty. She said it is a highly used product and showed examples of its application on several buildings. Duckstad asked if the product has a track record for durability. Thompson said they have used it in many projects because of its durability, and the same product is used as a tile backer. She noted the church has experienced rotting of the existing siding, and this product is resistant to water and mold. Young said he understood the Planning Commission approved the use of hardiboard but wanted it applied as lap siding rather than as panels. He asked if it is primarily an issue of cost. Thompson said they feel it gives the facility a more modern look as well as cost factor of lower cost. Young asked to which buildings the 75%rule applies. Herron said it applies to the entire building. The applicant is proposing an 8,000 square-foot addition. The proposal for use of the hardiboard is for the existing 21,000 square foot church and a portion of the addition. Aho asked if this is the exact proposal presented to the Planning Commission or is it a new option. Herron said the exterior elevations did show the panel application. Nelson asked if they have a picture of what it would look like with the panel application versus the lap siding. Thompson provided two drawings comparing the two methods of applying the hardiboard. CITY COUNCIL MINUTES June 5,2007 Page 5 Aho asked what the cost differential is. Thompson said the panel application is a 10%reduction in cost. Nelson said she agreed with the Planning Commission and staff as far as the looks of the lap siding goes and, typically, we do not look at cost as a hardship for variance. She was not in favor of looking at cost as a variance for this project either, and she would prefer to go with the Planning Commission and staff recommendation. Pastor Dale Sisam of Life Church said they want a facility that would enhance the community and requested the Council approve the hardiboard application as panels (Option A)because that would enhance the aesthetics and make it a more pleasing facility. There were no comments from the audience. MOTION: Butcher moved, seconded by Nelson, to close the Public Hearing; to adopt Resolution No. 2007-69 for Planned Unit Development Concept Review on 7.96 acres; to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Public zoning district on 7.96 acres; and to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Butcher said she had to agree with Council Member Nelson. She found it difficult to go against the Planning Commission and staff recommendation unless there is a compelling reason to do so. She was not sure if this is an aesthetic reason because aesthetics is a very subjective perspective. Young said he feels less compelled on this issue than Council Members Butcher and Nelson, and he was inclined to give the benefit of the doubt to the entity that is building the facility. Aho said he very much values the work of the Planning Commission and staff, but, if it is a reason of aesthetics versus function or longevity, he thought the view of the proponent takes some precedence in the matter. He said he would vote to go with the proponent's recommendations. Duckstad said he concurred with Council Member Aho and Mayor Young. AMENDMENT TO THE MOTION: Aho moved, seconded by Duckstad to approve the substitution of flat panels (Option A) instead of lap siding. Motion carried 3-2,with Butcher and Nelson opposed. VOTE ON THE MOTION AS AMENDED: Motion carried 3-2, with Butcher and Nelson opposed. CITY COUNCIL MINUTES June 5,2007 Page 6 B. LARIAT CENTER — APPLEBEE'S Request for: Planned Unit Development Concept Review on 5.85 acres, Planned Unit Development District Review on 5.85 acres, Zoning District Amendment in the Commercial Regional Service District on 5.85 acres and Site Plan Review on 5.85 acres. Location: Prairie Center Drive & Joiner Way. (Resolution No. 2007-70 for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Amendment) Neal said Lariat Companies wants to change the exterior of both buildings in the Center. There are four architectural changes including roof line, exterior materials, sign location and adding flags. The building meets the code requirement for 75% face brick, glass or natural stone. The 120-day review period expires on August 15, 2007. He said the Planning Commission voted 5-0 to recommend approval of the project at the May 22, 2007 meeting. He noted we received a request from the proponent at 3:00 p.m. today to make a substantial amendment to the project that was not considered by the Planning Commission. He recommended this be continued until the June 19th meeting in order to refer it back to the Planning Commission for their meeting next week. City Planner Herron said the proponent was available to answer questions. Brian Klutz,representing Lariat Companies, said he discussed with Scott Kipp an idea of a more appropriate use for a portion of the building. He said they would be happy to go back to the Planning Commission; however, the owner of the property would accept approval as approved by the Planning Commission. He said they would like to reserve the right to take it back to the Planning Commission if it is approved. Herron said the proposal as submitted met the 75%requirement; however, this is a change in that approval from 75%to about 66% for the over-all building,which would require a waiver. She recommended it go back to the Planning Commission. Klutz said their suggestion is to consider all four sides of both buildings, and with that consideration the proposal exceeds 75%. Young said if proponent's request tonight is to consider something other than what the Planning Commission approved, we would not deal with that tonight. There were no comments from the audience. MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing; to adopt Resolution No. 2007-70 for Planned Unit Development Concept Review on 5.85 acres; to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Commercial Service District on 5.8 acres; and to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. CITY COUNCIL MINUTES June 5,2007 Page 7 City Attorney Rosow said he wanted proponent to understand if the Council votes and approves the action as the motion states, then the option to go back to the Planning Commission for approval of something different would require proponent to go back through the process again. VOTE ON THE MOTION: Motion carried 5-0. C. VACATION OF PUBLIC RIGHT-OF-WAY EASEMENT AND SLOPE EASEMENT OVER PART OF EDEN ROAD,VACATION 07-03 Neal said official notice of this Public Hearing was published in the May 17, 2007 Eden Prairie Sun Current and sent to three property owners. He said the property owner has requested the vacation of the public right-of-way easement and slope easement to facilitate the proposed Windsor Plaza development plan. Prior to adopting the resolution vacating the portion of Eden Road right-of-way identified, a satisfactory determination regarding the relocation of existing private utilities within the vacated area is required. The developer of Windsor Plaza will be responsible for this. The Resolution for this Vacation will be presented for approval at a future Council meeting. Neal said the Council is being asked to hold a Public Hearing this evening, but to reserve the action for a later date. Dietz said this is something of a big deal for Windsor Plaza, and they want to know that the vacation of right-of-way is approved before they finalize for the project. There were no comments from the audience. MOTION: Butcher moved, seconded by Nelson, to close the Public Hearing. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Duckstad, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote,with Aho,Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. ARTS & CULTURE COMMISSION Neal said the Arts & culture Commission is currently at six members and is under the maximum level of seven members because of the recent resignation of Diane Zielke. He reviewed the experience and qualification of Ms Rita McCormick, whose application for the Commission was received in the past two weeks. Neal CITY COUNCIL MINUTES June 5,2007 Page 8 said he and Sandy Werts, the Commission's staff liaison, recommend Ms McCormick be appointed as a member of the Arts & Culture Commission. MOTION: Nelson moved, seconded by Aho, to appoint Ms. Rita McCormick to the Arts and Culture Commission for a term to end on March 31, 2009. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Sprint-Nextel Agreement Neal said after months of negotiations with Sprint/Nextel, an agreement has been reached whereby Sprint/Nextel will replace all radios currently operating on the City's "Multi-net"radio system. Fire Chief Esbensen explained the frequency used by Sprint/Nextel cell phones was interfering with the public safety radio systems. In the 2005 agreement with the FCC, Sprint/Nextel agreed to move public safety radio systems that have interference from the Sprint/Nextel cell phone frequencies to other frequencies at no cost to the public safety entity that is impacted. The recent negotiations occurred to determine how much the interference was impacting us. Neal said Sprint/Nextel agreed to all of the terms we discussed with them starting back last November. Under the negotiated terms all of the approximately 1000 radios used by the City, the School District and Southwest Metro Transit will be replaced at a cost of almost $3,000,000. He said this will help us make the transition to a regional radio system. Aho said he appreciated the work done on this and noted this represents a major cost saving to the City. Neal said part of the settlement was not only getting the equipment but also reimbursing us for time spent by legal counsel and staff. Esbensen said it should be virtually a no-cost deal for the City. MOTION: Duckstad moved, seconded by Butcher, to approve the agreement with Sprint Nextel for the replacement of all City, School District and SouthWest Metro Transit radios. Motion carried 5-0. 2. Part II of Council Planning Session Neal said Part II of the Council Planning Session will be scheduled for July. He said Lorene McWaters will call the Council Members to check their CITY COUNCIL MINUTES June 5,2007 Page 9 schedules. The goal for this Planning Session will be to use the information from the first session to affirm or change our mission, vision, and key objectives. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Technology Drive Streetscape/Landscape Project, I.C. 07-5691 Dietz said the Council authorized reconstruction of Technology Drive between Mitchell Road and SouthWest Station in 2005, and the road construction was completed in 2006. The streetscape/landscape features were removed from the road construction contract, with staff committing to review these elements and prepare a plan that creates a more "walkable communities" standard. Dietz reviewed three concept plans developed by SRF Consultants for the project. He noted the three concept plans were taken to the three adjacent property owners, MTS, ADC and St. Andrews Lutheran Church. The property owners liked the third concept plan, which is an informal arrangement and includes some of the plantings on adjacent properties. He said there will be an entrance feature on both sides of the street on the east side at Mitchell and Technology Drive that will include a fence, a monument containing plantings, and brick patterns in the sidewalk. Bollards will be placed to delineate the pedestrian crossings. The plantings will be informal,perennial plants so there will be minimal maintenance after the first year. Dietz said the irrigation system will be tied into the systems at ADC, MTS and St. Andrews. The City will pay to install the system, and they will pay for ongoing maintenance. We plan to use current technology that will reduce water usage by 30-70%. If necessary some of the Water Surcharge Funds will be used to finance the system so we can use it as a demonstration project of what could be done with better technology. The available budget for the project is $283,000 and the estimate is about $275,000. The request before the Council tonight is to approve project plans and specifications and order advertisement for bids. If approved tonight, bids would be opened on June 14 and the results brought back to the Council at the June 19 meeting. Nelson asked if electricity is available at the entrance in case we should decide to put in lights in the winter months. Dietz said there is electricity in the right-of-way because we have the 25-foot street lighting. Staff looked at low scale pedestrian lighting in the corridor, but we couldn't get an agreement with Excel Energy to add pedestrian lighting. Nelson said she was thinking of the small lights similar to those used at SouthWest Station CITY COUNCIL MINUTES June 5,2007 Page 10 during the winter months, at least at the ends of the block. Dietz said he thought that could probably be added later because there is electricity in all of the poles. Butcher thought the plan was wonderful, it is consistent with the whole area, and it helps fulfill our vision to create a downtown and tie all the surrounding portions into it. She noted this area is highly used as a walking area, and this will enhance the walking paths available. Dietz noted this will be a two-phase plan because the City Forester advised waiting until spring for some of the plantings; however, most of it will be planted by this fall. Staff is looking at doing this as a type of entrée into the "walkable communities" idea. MOTION: Aho moved, seconded by Butcher, to approve plans and specifications and order advertisement for bids for I.C. 07-5691, Technology Drive Streetscape/Landscape Project. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Proposed FCM Resolution Rosow said the City Council asked that he review the resolution submitted to the City by a resident in regard to the City's official position regarding expansion at Flying Cloud Airport. He reviewed the six parts of the proposed resolution. Rosow said he reviewed the agreements the City had in place to see if the proposed resolution was in keeping with the agreements or if there were areas of potential conflict. He said the attention was being paid to the Final Agreement entered into between the City and the Metropolitan Airports Commission (MAC) after months and months of negotiations. However, at the same time the Final Agreement was being negotiated, there was a Memorandum of Understanding written concerning cooperative solutions to infrastructure, right-of-way easement and park needs between the City of Eden Prairie and MAC regarding Flying Cloud Airport. Rosow said the proposed resolution goes beyond the final agreement, which states essentially the City shall not oppose the expansion of the airport. The expansion of the airport includes the parallel runways, development of property for new hangar construction, acquisition of additional property, and minor changes in their proposed capital improvements. The Final Agreement says the City shall not take action as a City to oppose that expansion. CITY COUNCIL MINUTES June 5,2007 Page 11 Rosow said the proposed resolution goes beyond that and states the City of Eden Prairie cannot and will not support or oppose plans for development at Flying Cloud Airport. He said the Final Agreement says nothing about supporting development, therefore he determined the proposed resolution breaks new ground. The language of the proposed resolution causes concern because of the Memorandum of Understanding. The Memorandum of Understanding has built into it certain aspects of cooperation between the City and MAC regarding the improvement of the infrastructure that serves both the City and MAC and eventually would serve some of the new areas if and when MAC expands. In that regard, the proposed resolution goes counter to the Memorandum of Understanding because it is very easy to interpret the proposed resolution to say the City would not take actions that it had contemplated taking in the Memorandum of Understanding. Rosow said the proposed resolution would be ill-advised because of the potential that it would prohibit the City from doing what the Memorandum of Understanding understood was to happen. The last paragraph of the proposed resolution states the City would not take any action to repeal the resolution without making good faith efforts to notify, meet, and discuss with residents. The problem in that portion is the notion of"good faith efforts,"which is a concept similar to the issue discussed earlier tonight regarding aesthetics. He said the City is bound by State statutes to give proper notice regarding certain types of action. At certain times the Council has given specific instructions to staff to go beyond those instructions. He thought it is ill-advised to have a"good faith" standard because that is left to interpretation. The City is governed by State law in this regard and State law is the guide. That portion of the proposed resolution also attempts to bind the hands of the Council in a manner it should not be bound. The Council should not adopt a resolution that limits its authority to act in the best interests of the entire city, and the Council should have objective standards by which you notify people and objective standards by which you are judged as to whether deliberations are appropriate. Butcher said residents have been very concerned and they want to be secure about what was stated in the agreements. She asked if it would make sense to have a resolution that would echo the Final Agreement as a statement regarding what this City stands behind. Rosow replied he would see nothing objectionable in that; however, there have been some changes in the method by which the Memorandum of Understanding is being carried out and we would want to look at those. He would not want to bind the City to things that are impossible to do, and there are many things that have been accomplished and are done. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Butcher, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 8:35 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5691 ITEM NO.: VIII.A. Rodney Rue Award Contract for Technology Dr. Public Works/Engineering Streetscape/Landscape Project Requested Action Move to: Award Contract for Technology Dr. Streetscape/Landscape Project to Hoffman& McNamara, in the amount of$283,491.70. Synopsis Bids for this project were received on June 14, 2007. Four bids were received and are tabulated on the attached Summary of bids. The bid from North Metro Landscaping, Inc. was un- responsive and therefore rejected, since it only provided bid prices on two of the seven sections of the bid proposal. The lowest responsible bid was received from Hoffman & McNamara, in the amount of$283,491.70, which is 13% above the Engineer's Estimate of$250,000. The total budget for this project is $280,000, which includes the $250,000 construction estimate plus consulting fees of$30,000. In addition, costs will be incurred for irrigation system extensions, modifications, and repairs to private systems. These costs are being negotiated through the property owner's irrigation contractors. With the actual bid amount exceeding our construction estimate, we propose to use "demonstration money" from the Water Surcharge Funds to finance the unique irrigation features to be used on this project. Therefore, this project is proposed to be financed with $133,000 of available funds from the Mitchell Road and Technology Drive project, $150,000 from the 2007 CIP and approximately $40,000 to $50,000 from the Water Surcharge Fund. Background Information This project will provide tree replacement, landscaping, streetscape features, and irrigation improvements along Technology Drive. The Mitchell Road and Technology Drive project, completed in 2006, included streetscape and landscape features. These features were removed from that road construction contract with staff committing to review these elements and to prepare a plan that creates a more "walkable communities" standard. Attachments • Bid summary • Recommendation letter BID OPENING CITY OF EDEN PRAIRIE TECHNOGOLY DRIVE STREETSCAPE IMPROVEMENTS EDEN PRAIRIE PROJECT NO. 07-5691 JUNE 14 AT 10:00 A.M. Bid Addendum Addendum Addendum Contractor Bond No. 1 No. 2 No. 3 Amount �N Arteka Companies X X X JF �"'le, H. 7s Environmental Associates, Inc. X X X X 3 ZaH =" (EAI) Hoffman&Mc Namara X X X X 4 2,431 '3 1. 70 North Metro Landscaping, Inc. x x k X 4 146) ow, Navin 5 7 onig) Odesa II Quality Contracting Engineer's Estimate SCONSULTING GROUP INC . r Transportation•Civil •Structural • Environmental•Planning•Traffic• Landscape Architecture •Parking•Right of Way SRF No.5973 TECHNOLOGY DRIVE STREETSCAPE IMPROVEMENTS RECOMMENDATION OF BID Rod Rue Assistant City Engineer City Of Eden Prairie 8080 Mitchel Road Eden Prairie, Mn 55344 June 14, 2007 Mr. Rue, We have reviewed the bids submitted for the Technology Drive Streetscape Project and recommend the project be awarded to low bidder Hoffman & McNamara for a total cost of $283,491. The submission from North Metro Landscaping was an unresponsive bid and could not be accepted per sections 4 and 7 of the Instructions to Bidders. Sincerely, Sean Jergens Planner/Designer SRF Consulting Group, Inc. One Carlson Parkway North Suite 150 Plymouth, MN 55447 One Carlson Parkway North,Suite 150 Case Plaza,One North Second Street Minneapolis, Minnesota 55447-4443 s r f c o n s u I t i n g . c o m Fargo, North Dakota 58102-4807 Tel: 763-475-0010 • Fax:763-475-2429 Tel: 701-237-0010• Fax:701-237-0017 An Equal Opportunity Employer CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.# 02-5585 ITEM NO.: VIII.B. Leslie Stovring Approve the Annual Report for the Phase Public Works/Environmental II NPDES Storm Water Permit Program Requested Action Move to: Approve the Annual Report for the Phase II NPDES Storm Water Permit Program. Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Stormwater Pollution Prevention Plan (SWPPP). Background Information The City's SWPPP was developed in April 2003 and revised in June 2006. The SWPPP provides a series of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The SWPPP is currently being reviewed by the MPCA and will be public noticed at the state level before it is completed. The Annual Report provides the MPCA with the actions that the City took in 2006 to meet the goals outlined in our BMPs. The Annual Report will be posted on the Environment & Water Resources section on the City's web site along with the SWPPP and BMP Summary Sheets. Actions taken to meet the objectives of the SWPPP in 2006 included items such as: • Formation of the Conservation Commission • Wetland Health Evaluation Program(volunteers monitored 4 wetlands in the city) • Citizen Assisted Monitoring Program(CAMP) for Mitchell and Riley Lakes • Let's Keep it Clean education program, including production of the "Rubber Ducky" video shown on regional and local cable television • Provided environmental information at the School District's annual Science Fair • Completed the "Big Foot" ecological footprint DVD for distribution to local teachers (final DVD in both English and Spanish) • Pond inspections (174 of 747 known ponds were inspected in 2006) • Petitioned for a water quality improvement project for Mitchell Lake • Began analysis of stormwater and creek corridors within the City for development of our Nondegradation Plan • Coordinated the Annual City Clean Up Day and Annual Park Clean Up Day • Published articles in the City Newsletter on items such as Round Lake water quality, recycling tips and lawn care tips Attachments • Annual Report DRAFT ANNUAL REPORT for 2006 MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) For Calendar Year 2006 Due June 30, 2007 USE OF THIS FORM IS MANDATORY By completing this Annual Report form,you are"providing the Minnesota Pollution Control Agency(MPCA)with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identified best management practices (BMPs)and progress towards achieving your identified measurable goals for each of the minimum control measures"as required by the MS4 Permit. Submit your annual report by June 30, 2007 to: Minnesota Pollution Control Agency Municipal Division 520 Lafayette Road North St. Paul,MN 55155-4194 If you would like to obtain an electronic copy of the MS4 Annual Report for 2006 form,please visit: www.pca.state.mn.us/water/stormwater/stormwater-ms4.html If you have further questions,please contact one of these MPCA staff members (call toll-free 800-657-3864): • Keith Cherryholmes 651-296-6945 • Joyce Cieluch 218-846-7387 • Scott Fox 651-296-9433 • Anna Kerr 651-297-5219 City of Eden Prairie Name of MS4 Leslie A. Stovring Name of Contact Person 952-949-8327 Telephone(including area code) 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State ZIP code Minimum Control Measure 1: Public Education and Outreach [V.G.1] A. What is the current population of your MS4? Approximately 64,032 (Dec. 31,2005) B. Did you hold a public meeting for calendar year 2006 and discuss your Stormwater Pollution ❑ Yes ❑ No Prevention Program(SWPPP)? [Part V.G.I.e] C. What was the date of the public meeting? March 13,2007 D. How many citizens attended specifically for stormwater(excluding board/council members and staff)? none E. Was the public meeting a stand-alone meeting for stormwater or was it combined with some other function such as a City Council meeting? ® Stand-alone The meeting was held the hour prior to the regular Conservation Commission meeting ❑ Combined for March F. If you did not hold a public meeting on your SWPPP in 2006, explain why: DRAFT City of Eden Prairie MS4 Annual Report Page 1 of 7 Jan.—Dec. 2006 G. The permit requires each MS4 to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. [Part V.G.1.a] Please indicate which of the following distribution methods you used. Indicate the number distributed in the spaces provided: Number Number Brochures * 2 developed Utility bill inserts 34,286 mailed Newsletter 39,000 mailed Radio ads none Posters none Television ads PSA's - 983 showings Newspaper articles** 5 articles printed Other: Intranet 1 article for employees Web site *** 23,353 hits Other: TV Show 276 showings Other: New 1,200 packets distributed resident packets If you use your Web site as a tool to distribute stormwater educational materials, indicate the number of hits to the stormwater page in the space above(if available) and provide the URL reference here: www.edenprairie.org * Brochures were developed to discuss erosion control requirements and the purpose of conservation easements to place in building permit packets or hand out at the engineering counter. ** Articles on who the environmental coordinator is and how to contact her, the City clean up, the annual stormwater meeting, native plantings,green roofs, recycling, lawn care tips, water quality and lawns, the need for wetland monitoring volunteers and others were placed in the Eden Prairie News as well as the Sun Current when appropriate. *** This number represents the number of hits for the Environment& Water Resources page of the web site in 2006. This includes a variety of informational items including the "Report a Problem Link", how to dispose of common items, conservation ideas, stormwater, water quality, wetlands and ponds and other topics as well as the City's SWPPP,2005 Annual Report information, rainwater garden construction and others. H. At what stage of development do you believe your stormwater education program currently is in?(Check the one that most accurately reflects the current status of your education program as a whole.) ❑Not started ❑ Research ❑ Development ® Implementation ❑ Program fully in place I. Have you developed partnerships with other MS4s,watershed districts, local or state ®Yes ❑ No governments, educational institutions, etc. to assist you in fulfilling the requirements for Minimum Control Measure 1?If yes, list those entities with which you have an agreement and describe the nature of the agreement(s): 1. Hamline University's Center for Global Environmental Education-Contract to develop,produce and distribute the Big Foot ecological footprint educational materials to local teachers. 2. Let's Keep It Clean Campaign-Agreement and financial assistance to produce and distribute educational materials for local or regional use. 3. Hennepin County Environmental Services Dept. -Agreement and contract to coordinate the Wetland Health Evaluation Program. 4. League of Minnesota Cities-Letter of Understanding to participate in the Minnesota Cities Stormwater Coalition. DRAFT City of Eden Prairie MS4 Annual Report Page 2 of 7 Jan.—Dec. 2006 Minimum Control Measure 2: Public Participation/Involvement [V.G.2] A. During your public meeting, did you receive written and/or oral input on your SWPPP? [Part n Yes ® No V.G.2.b.1-3]Input must be considered prior to submittal of your annual report. No comments were received during public comment period or during public informational meeting. No ROD was required. B. Did you create a record of comments and your response to comments/record of decision n yes n No (ROD)? C. Have you kept the ROD in accordance with the permit? [Part V.G.2.b] n Yes n No D. Do you plan to incorporate any comments into your next SWPPP update? [Part V.G.2.c] If [' Yes ® No yes, list items: Minimum Control Measure 3: Illicit Discharge Detection and Elimination [V.G.3] The permit requires each MS4 to develop, implement and enforce a program to detect and eliminate illicit discharges as defined at 40 CFR 122.26(b)(2) into your SWPPP. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. A. Have you completed the storm sewer system map in accordance with the requirements of the ❑ Yes No permit?If no,by what date do you expect to have it completed? June 30,2008 The complete storm sewer system map is to be finished by June 30, 2008.[Part V.G.3.aJ However, a draft map has been incorporated into ArcGIS and as datapoints that are located with GPS or from as-built information are added as they are completed. B. Has an ordinance or other regulatory mechanism been adopted to prohibit illicit discharges or n Yes ® No other non-stormwater discharges from entering your system? If yes,provide the date the regulatory mechanism was adopted: . If no,provide an estimated date of adoption: Dec. 31,2008 . C. Have you developed a program for illicit discharge detection and elimination? ❑ Yes ® No * * City staff currently evaluates stormwater flows for illicit discharges during our annual stormwater pond reviews. The need for additional review or inspections will be evaluated as the Illicit Discharge Ordinance review is progressing. D. If yes, when do you expect that your program will be implemented? E. If no, by what date do you expect to have a program developed? The City will evaluate and determine if additional measures are required as the ordinance is developed,which is due by December 31,2008. Minimum Control Measure 4: Construction Site Stormwater Runoff Control [V.G.4] The permit requires that each MS4 develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of greater than or equal to one acre or less than one acre but is part of a common plan of development that will be one acre or greater. [Part V.G.4.] A. Have you adopted an ordinance or other regulatory mechanism that regulates stormwater ®Yes n No runoff from construction activities that result in land disturbance of greater than or equal to one acre or less than one acre which are a part of a common plan of development or sale that will ultimately disturb one acre or more? DRAFT City of Eden Prairie MS4 Annual Report Page 3 of 7 Jan.—Dec. 2006 B. Does your regulatory mechanism require appropriate BMPs and pollution prevention ®Yes ❑ No management measures? If yes,which of the following are included? (check all that apply): ® Temporary erosion controls ® Record keeping for rainfall and inspections: *Inspection results and maintenance activity reports must be completed and submitted in writing to the City. Must monitor bi-weekly and immediately after each rainfall of 0.5 inches or more. ® Permanent erosion controls ® Waste controls for hazardous waste ® Waste controls for solid waste ® Dewatering and basin draining ® Regular inspections by site operators ® Site plan submittal including erosion and sediment control BMPs ® BMP maintenance ® Site plan review and approval prior to activity on site ® Permanent stormwater management facility approval ® Other: The City can set up stormwater discharge monitoring devices as needed C. Does your regulatory mechanism have sanctions included to ensure compliance, including an ®Yes ❑ No enforcement component? If yes,which of the following actions does your MS4 use? (Check all that apply): ® Verbal warnings ® Written warnings n Stop-work orders ® Fines or penalties ® Forfeit of security bond money n Withholding of certificate of occupancy(see below) ® Other: Withholding of Building Inspections(which would include occupancy inspection) ® Other: Work would be completed by City if needed ® Other: The City could assess the owner the cost of repair work and place a lien on the property if the security bond is not adequate to cover repairs ® Other: Suspension or revocation of the Land Alteration Permit ® Other: Misdemeanor violation Minimum Control Measure 5: Post-construction Stormwater Management in New Development and Redevelopment [V.G.5] The permit requires each MS4 to develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects within your jurisdiction that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or reduce water quality impacts. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. A. Have you developed and implemented strategies which include requirements for a ® Yes ❑ No combination of structural and/or non-structural BMP appropriate for your community? DRAFT City of Eden Prairie MS4 Annual Report Page 4 of 7 Jan.—Dec. 2006 B. Is an ordinance or other regulatory mechanism currently in place to address post-construction ® Yes ❑ No runoff from new development and redevelopment projects to the extent allowable under law? If yes,provide the date the regulatory mechanism was adopted: February 7, 2006 . If no, provide an estimated date of adoption: C. Is a plan in place to ensure adequate long-term operation and maintenance of BMPs installed ® Yes n No as a result of these requirements? D. Do you feel long-term operation and maintenance of stormwater management is adequately ® Yes n No funded? Minimum Control Measure 6: Pollution Prevention/Good Housekeeping for Municipal Operations [V.G.6] The permit requires each MS4 to develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Your program must include employee training to prevent and reduce stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance,new construction and land disturbances, and stormwater system maintenance. A. Do you have an operation and maintenance program currently in place? ® Yes ❑ No B. Does your program contain an employee training component? ®Yes n No C. Indicate the total number of structural pollution control devices (manholes, grit chambers, sumps, floatable skimmers, etc)within your MS4,how many were inspected,and calculate the percentage: Total Number Number Inspected Percentage Structural Pollution Control Devices 642 642 100 D. As a result of your inspections, did you repair,replace, or maintain any structural pollution ®Yes ❑ No control devices? E. For each BMP below, indicate the total number within your MS4,how many of each BMP type were inspected, and calculate the percentage: BMP Type Total Number Number Inspected Percentage Outfalls 1009 320 32% Ponds/Wetlands 747 174 23% TOTAL 1,756 494 28% Additional SWPPP Issues The permit requires that any MS4 with a discharge to a Water of the State that appears on the current U.S. EPA approved list of impaired waters under Section 303(d)of the Clean Water Act review whether changes to your SWPPP may be warranted to reduce the impact of your discharge [IV.D] A. Have you identified all impaired waters within your jurisdiction,based on the most recent ®Yes ❑ No 303(d)listing,which receive stormwater discharge from your MS4? Check here if your MS4 has no impaired waters: ❑ B. Do you have a process in place to identify and update the list of impaired waters which ®Yes ❑ No receive discharges from your MS4 as new waters are added to the 303(d) list? DRAFT City of Eden Prairie MS4 Annual Report Page 5 of 7 Jan.—Dec. 2006 C. Have you determined that any stormwater discharges from your MS4 are negatively impacting ®Yes ❑ No any impaired water(s); Use Attainability Analyses have been completed by the Riley-Purgatory-Bluff Creek Watershed District and Nine Mile Creek Watershed District for many of the impaired waters in the City. The UAAs include analysis of potential sources of impacts to these waters and how they need to be addressed. The City has petitioned for work on the UAA that have been received and the watershed districts have begun work on some of these projects and more are anticipated to start in 2008. therefore,warranting that a revision to your SWPPP to address this issue? n Yes ® N No changes to the SWPPP are proposed at this time and may not occur until after the Use Attainability Analyses and/or the City's Nondegradation Plan are complete. Check here if your MS4 has no impaired waters: ❑ D. Provide the following information of the individual responsible for conducting the review of discharges to impaired waters and any associated BMP modifications: Name: Leslie A. Stovring Title: Environmental Coordinator Phone: 952-949-8327 Email: lstovring(aedenprairie.org E. Did you make a change to any identified BMPs or measurable goals that were submitted with ®Yes ❑ No your permit application? [Part V.G.6.b.1] If yes, explain: The 2006 permit application has not been approved or sent out for public notice at this time. The City is working with MPCA staff on revising the SWPPP,BMPs and measurable goals submitted at that time as needed. F. Briefly list the BMPs using their unique identification numbers you used in your SWPPP or any measurable goals that will be changed in your updated SWPPP, and why they have changed: (Attach a separate sheet if necessary) A final SWPPP and BMPs have not been approved at this time. Changes required by the MPCA will be incorporated as requested or as needed until the SWPPP is approved. G. Did you rely on any other entities (MS4s, consultants or contractors)to satisfy any portion of ® Yes ❑ No your SWPPP?If yes, please identify below the entity and for what activities: See MCM#1, Question I. Nine Mile Creek Watershed District—The City participates in storm drain stenciling projects,Use Attainability Analysis projects,watershed district tours and other activities Riley-Purgatory-Bluff Creek Watershed District—The City petitions for and participates in Use Attainability Analysis projects Lower Minnesota River Watershed District—The City participates in educational activities such as watershed district tours DRAFT City of Eden Prairie MS4 Annual Report Page 6 of 7 Jan.—Dec. 2006 Owner or Operator Certification The person with overall administrative responsibility for SWPPP implementation must sign the annual report. This person must be duly authorized and should be the person who signed the MS4 permit application or a successor. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true, accurate, and complete(Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment(Minn. R. 7001.0540). X Authorized Signature(This person must be duly authorized Date to sign the annual report for the MS4) Neal Scott City Manager Last Name First Name Title 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State ZIP code 952-949-8300 sneal@edenprairie.org Telephone(include area code) E-mail Address DRAFT City of Eden Prairie MS4 Annual Report Page 7 of 7 Jan.—Dec. 2006 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 05-5638 ITEM NO.: VIII.C. Randy Newton Approve Additional Construction Public Works/Engineering Inspection Budget with SRF Consulting Group, Inc. for the TH 212/Charlson Road Improvement Project. Requested Action Move to: Approve Additional Construction Inspection Budget with SRF Consulting Group, Inc. for the TH 212/Charlson Road Improvement Project. Synopsis SRF is requesting an additional $9,700 construction inspection budget for the TH 212 / Charlson Road Improvement project. The request is a result of the additional work they performed in developing special turf establishment recommendations and performing the construction inspection. Background Information The additional budget request is the result of the work necessary to develop and implement additional restoration measures on the project. The original restoration did not result in acceptable vegetation establishment over significant portions of the project. In order to complete and close out the construction project additional restoration work was required. The original Professional Services Agreement with SRF was for $384,020, which included approximately $200,000 for construction inspection. In March 2006 the City Council approved an additional $25,000 for the extra work SRF performed to effectively coordinate and oversee the construction project The TH 212 / Charlson Road Intersection Improvement Project included constructing the TH 212 / Charlson Road intersection with turn lanes, installing a new traffic signal, constructing a second westbound through lane on TH 212 and constructing a pedestrian underpass. Financial Implications The TH 212 / Charlson Road Intersection Improvement Project is financed by special assessment. The revised construction inspection budget is within the total budget established for the levied assessments. Attachments • SRF Letter CONSULTING GROUP , INC . Transportation•Civil•Structural•Environmental•Planning•Traffic•Landscape Architecture•Parking•Right of Way June 6,2007 SRF No. 0045263 Mr. Randy Newton, P.E., P.T.O.E. CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr.Newton: SUBJECT: TH 212/CHARLESON ROAD SAP 181-010-16;EDEN PRAIRIE I.C.05-5638 As we have recently discussed, SRF has provided the City with additional professional services relating to the special turf establishment work for the referenced project. Our work is nearly complete and the final pay estimate to the Contractor will be submitted within the next few weeks. Our additional services included three general tasks as follows: 1. Perform field walk to identify areas of poor turf establishment and erosion; develop special turf establishment recommendations. 2. Coordinate proposed work with the contractor; negotiate unit prices and prepare a change order. 3. Provide construction observation of special turf establishment activities. Based on the above information, we respectfully request that our budget be increased by $9,700 to cover this extra work. Please contact us to discuss any questions you have regarding this budget increase request. Sincerely, SRF CONSULTIN GROUP,INC. Matthew D. Hansen, P.E., L.S Principal MDH/bls SRF.Vo131HIProjects152631HI-MUIDOCIIetterCityEdenPrairie060807.doc One Carlson Parkway North,Suite 150 Case Plaza,One North Second Street Minneapolis,Minnesota 55447-4443 s r f C o n s u I t i n g .C o m Fargo,North Dakota 58102-4807 Tel:763-475-0010 • Fax:763-475-2429 Tel:701-237-0010 • Fax:701-237-0017 An Equal Opportunity Employer CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5638 ITEM NO.: VIII.D. Randy Newton Approve Change Order No. 2 for TH Public Works/Engineering 212/Charlson Road Improvement Project Requested Action Move to: Approve Change Order No. 2 for the TH 212 /Charlson Road Improvement Project. Synopsis This Change Order is a result of several field revisions that were required at the end of the construction project. The additional restoration work,which was required as a result of insufficient vegetation establishment, is the most significant additional item. Background Information Change Order No. 2 results in a $34,246.51 increase to the total contract amount. With Change Order No. 2 the total contract amount is increased to $2,221,645.46. The primary component of Change Order No. 2 is the additional restoration work that was completed earlier this spring. The original restoration did not result in acceptable vegetation establishment over significant portions of the project. In order to complete and close out the construction project, additional restoration work was required. The TH 212 /Charlson Road Intersection Improvement Project was substantially completed in late 2005, including the turn-on of the TH 212/Charlson Road traffic signal in early December 2005. The TH 212 /Charlson Road Intersection Improvement Project included constructing the TH 212/Charlson Road intersection with turn lanes, installing a new traffic signal, constructing a second westbound through lane on TH 212 and constructing a pedestrian underpass. Financial Implications The TH 212 /Charlson Road Intersection Improvement Project is financed by special assessment. The costs associated with Change Order No. 2 are within the total budget established for the levied assessments. Attachments • Change Order No. 2 SRF CONSULTING GROUP,INC SRF No. 0045263 1090 June 7, 2007 Page 1 of 3 CHANGE ORDER NO. 2 PROJECT: TH 212 AND CHARLSON ROAD EDEN PRAIRIE, MINNESOTA SAP 181-010-016 CITY PROJECT NO. 05-5638 TO: S.M.HENTGES AND SONS, INC. P.O. BOX 69 JORDAN, MN 55352 In accordance with the terms of the Contract, you are hereby authorized to perform the improvements as described below: 1. Remove and Replace 3" Concrete Median: Approximately 60 square feet of concrete median west of Charlson Road was damaged due to extreme weather conditions. Payment for this item was determined on negotiated unit prices. 2. Miscellaneous Areas of Erosion: Several areas identified on the project needed correction due mainly to the nature of the sandy soils. Payment for this item was determined on negotiated unit prices. 3. Application of Compost Material and Growing Medium to Foster Turf Establishment and Correct Erosion Issues: Compost material that included seed and fertilizer was spread in a 2" layer at locations identified by 'the Engineer. Volume indicated for compost application totaled 450 cubic yards. Prior to application of the compost material, herbicide spray was applied to the south side of TH 212. Lane closures were required to perform this work. A unit price has been added for watering, and is to be used on an as needed basis only. 4. Place Grouted Rip Rap CL III and Aggregate Shouldering Material: An additional 6.82 cubic yards of Class 3 rip rap material was placed at the east side of an existing CMP culvert inlet located on the far westerly end of the project (north side of TH 212). The existing rip rap material at this location, as well as the newly placed rip rap, was grouted with concrete to hold it in place. This work was done to correct and prevent undermining of the rip rap material. A total of 4.73 cubic yards of Class 5 aggregate shouldering material was placed in a 2' to 3' width along the newly constructed westbound TH 212 shoulder to correct erosion issues that have developed within the last couple of years. TH 212/Charlson Road Change Order No. 2—June 7, 2007 Page 2 of 3 The Contractor is hereby directed to make the changes noted below in the contract: Add the following costs to the contract: Item Estimated Estimated No. Item Description Unit Unit Price Quantity Amount 1. 2104.601 Remove and Replace 3"Concrete Lump Sum $ 1,030.00 1 $ 1,030.00 Median 2. 2573.601 Correct Erosion Issues Lump Sum $3,648.71 1 $ 3,648.71 _ 3. WORK ORDER 35 Compost for slope stabilization and 2575.513 growing medium,includes: seed, Cubic Yd. $ 52.80 450 $23,760.00 fertilizer,compost material and labor 2563.601 Lane Closures Lump Sum $ 1,320.00 1 $ 1,320.00 2571.610 Watering if needed Hour $ 145.00 0 $ 0.00 2575.521 Straw Netting Single Sided Square Yd. $ 1.00 0 $ 0.00 2575.545 Round-up Spray Weeds Square Ft. $ 0.025 60,000 $ 1,500.00 4. WORK ORDER 36 2021.601 Mobilization Lump Sum $ 500.00 1 $ 500.00 2563.601 Lane Closure Lump Sum $ 350.00 1 $ 350.00 2511.501 Rip Rap Class III Cubic Yd. $ 120.00 6.82 $ 818.40 2511.607 Grout Mix Placed Cubic Yd. $ 200.00 3 $ 600.00 2105.601 1 Small Pond Charge Lump Sum $ 75.00 1 $ 75.00 2221.503 Class 5 Aggregate Shouldering Cubic Yd. $ 80.00 4.73 $ 378.40 2575.523 Wood Fiber Blanket and Seed Square Yd. $ 2.00 133 $ 266.00 TOTAL ADDITIONS CHANGE ORDER NO. 2 $34,246.51 CONTRACT SUMMARY ORIGINAL CONTRACT AMOUNT $2,032,999.90 OTHER CHANGES (COMPLETION INCENTIVE) $ 50,000.00 TOTAL ADDITIONS CHANGE ORDER NO. 1 $ 104,399.05 TOTAL ADDITIONS CHANGE ORDER NO. 2 $ 34,246.51 TOTAL ADDITIONS (INCL. C.O. 1,2, & COMPLETION INCENTIVE) $ 188,645.56 TOTAL DELETIONS -$ 0.00 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $2,221,645.46 TH 212/Charlson Road Change Order No. 2—June 7, 2007 Page 3 of 3 ISSUED BY: SRF CONSULTING GROUP, INC. By K C� C! Project Engineer Date 6/7(07 ACCEPTED BY: S.M. HENTGES AND SONS, INC. By Date APPROVED BY: CITY OF EDEN PRAIRIE By City Manager Date CITY OF EDEN PRAIRIE By Mayor Date SRF.Vol3V1\CiviNn-construction\5263\ChangeOrder 2 053107.doc CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5675 ITEM NO.: VIII.E. Randy Newton Approve Change Order No. 1 for the Public Works/Engineering Lone Oak Center Traffic Signal Project. Requested Action Move to: Approve Change Order No. 1 for the Lone Oak Center Traffic Signal Project. Synopsis This Change Order is a result of adding a pedestrian pushbutton station to the southwest corner of the intersection. Background Information Change Order No. 1 results in a $1,976.00 increase to the total contract amount. With Change Order No. 1 the total contract amount is increased to $109,617.00. A pedestrian pushbutton station was added to the southwest corner of the intersection in order to provide appropriate access to the pedestrian pushbuttons. The location and elevation of the mast arm pole in the southwest quadrant does not provide access meeting ADA guidelines. The Mitchell Road/Lone Oak Road traffic signal was a required improvement of the Lone Oak Center development. The traffic signal was turned-on in early May and is now operational. The project also included the implementation of a coordinated traffic signal timing plan for Mitchell Road. Financial Implications The Lone Oak Center Developer(Lone Oak Center, LLC) is responsible, on an assessment basis, for all costs associated with the project. The costs associated with Change Order No. 1 are within the total budget for the project. Attachments • Change Order No. 1 CONSULTING GROUP,INC. SRF No. 0065737 June 8, 2007 Page 1 of 2 CHANGE ORDER NO. 1 PROJECT: MITCHELL ROAD AT LONE OAK ROAD TRAFFIC SIGNAL PROJECT EDEN PRAIRIE, MINNESOTA CITY PROJECT NO. 06-5675 TO: BEC, INC. 7625 DAHLGREN ROAD CHASKA,MN 55318 In accordance with the terms of the Contract, you are hereby authorized to perform the improvements as described below: 1. Pedestrian Pushbutton Station: Salvage two pedestrian pushbuttons from Pole 3 and reinstall them on a new pedestrian pushbutton station at a location identified by the Engineer. Payment for this item was determined based on negotiated unit prices. The Contractor is hereby directed to make the changes noted below in the contract: Add the following costs to the contract: Item Estimated Estimated No. Item Description Unit Unit Price Quantity Amount 1. 2565.602 Pedestrian Pushbutton Station Each $ 1,976.00 1 $ 1,976.00 TOTAL ADDITIONS CHANGE ORDER NO. 1 $ 1,976.00 CONTRACT SUMMARY ORIGINAL CONTRACT AMOUNT $ 107,641.00 TOTAL ADDITIONS CHANGE ORDER NO. 1 $ 1,976.00 TOTAL DELETIONS -$ 0.00 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 109,617.00 Mitchell Road at Lone Oak Road Traffic Signal Project Change Order No. 1 —June 8, 2007 Page 2 of 2 ISSUED BY: SRF CONSULTING GROUP, INC. By Project Engineer Date ACCEPTED BY: BEC, INC. By Date APPROVED BY: CITY OF EDEN PRAIRIE By City Manager Date CITY OF EDEN PRAIRIE By Mayor Date H AProjects\5737\SD\DOC\ChangeOrder l 060807.doc CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 6, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5586 ITEM NO.: VIII.F. Rodney Rue Approve Additional Design Phase Services for S E H, Inc. for the Valley Public Works/Engineering View Road Reconstruction Project. Requested Action Move to: Approve additional design phase services for SEH, Inc. for the reconstruction of Valley View Road, in the amount of$8,959.04. Synopsis The additional professional services includes services associated with subsurface exploration of existing sanitary sewer and sheet piling, watershed and wetland mitigation permitting requirements, and the addition of a landscape plan. These professional services will be financed with State Aid funds. Background Information This project has been designed, plans and specifications have been approved, bids have been received, and a contract was awarded on April 17, 2007. Watershed District approval is anticipated on June 20, 2007. Limited construction activity will begin on June 18, 2007. The existing roadway is a rural section with a structurally-deficient creek crossing that causes frequent flooding of the roadway. The construction project will upgrade the roadway to an urban two-lane section with a new creek crossing. The project will include a new trail section linking two current trail ends, as well as a missing section of trunk watermain. Attachments • S E H, Inc. Request Letter SEH May 14, 2007 RE: City of Eden Prairie Design Phase Services for the Reconstruction of Valley View Road IC No. 02-5586 S.A.P.No 181-123-01 SEH No. A-EDENP0301.01 10.00 Rod Rue Assistant City Engineer City of Eden Prairie 8080 Mitchell Rd Eden Prairie,MN 55344 Dear Rod: As of the period ending March 31, 2007,we exceeded our compensation for services(compensation) described in the Standard Agreement for Professional Services(agreement)dated October 17, 2006. This compensation was $123,705.34. Six(6)additional tasks not in the scope of the agreement caused us to exceed the compensation. In accordance with paragraph 3.A of the agreement, enclosed with this letter please find exhibits A,B, C, and D. In our opinion,these exhibits represent the written approval for the additional work required by paragraph 3.A. For your convenience,we list the six(6)additional tasks and their respective exhibits and costs in the following table. Number Additional Tasks Exhibit Cost 1 Subsurface exploration of existing sanitary sewer and sheet piling A& B $754.50 along Valley View Road in the area of the proposed box culvert 2 Extra meeting with the new Nine Mile Creek Watershed B $1,609.50 Administrator 3 Wetland mitigation B $2,793.00 • Delineation review • Add survey to base files • Grading plan • Cross sections,quantities, update project manual 4 Investigation of a bridge including abutment locations and required A $793.00 deck elevation 5 Addition of a landscape plan C $2,375.28 • Plansheet creation • Planting design/layout • Quantities • Project manual update 6 Staking of the temporary easement north of Flying Cloud Drive at D $633.76 Valley View Rd TOTAL $8,959.04 Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9301 SEH is an equal opportunity employer I www.sehinc.com I 952.912.2600 I 800.734.6757 I 952.912.2601 fax -Rod Rue May 14, 2007 Page 2 We respectfully request that the City add$8,959.04 to our compensation. The resulting value of the compensation due to SEH becomes $132,664.38. We have enjoyed assisting the city with this project. As always, please contact me at 952.912.2611 or ppasko@sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Paul J. Pasko III, P.E. Project Manager cas Enclosure c: Dave Halter, SEH(without enclosures) p:\ae\e\edenp\03010I\Igenl\10\addl comp Itr.doc A v X ,. Carter Schulze/seh4k To rrue@edenprairie.org y 12/13/2006 09:42 AM cc Paul Pasko/seh@seh, Dave Halter/seh@SEH A bcc Subject Reconstruction of Valley View Road IC No. 02-5586 Earned Value Curve Rod, Attached is a pdf file of an earned value curve for the subject project.The three lines represent the projected cumulative dollars, expenditures,and our opinion of the amount of the project that is complete along the time line from October 2006 to July 2008. 11-30-06 PlanTrax Version 3.3.pdf As you can see from the file,the percent complete line is slightly ahead of the expenditures spent through the end of November.Two tasks included in the expenditures, but not in the projected cumulative dollars are the existing sanitary sewer exploration by pot holes and the investigation of a bridge including abutment locations and required deck elevation. If towards the completion of this project,the expenditures are exceeding the projected cumulative total , we would ask for a change order. Please call if you have any questions. Carter Schulze, PE Project Engineer SEH, Inc. 10901 Red Circle Drive, Suite 200 Minnetonka, MN 55343-9301 P: 952-912-2610 F:952-912-2601 cschulze@sehinc.com £ 1ierr A Sheek I opc 2 Reconstruction of Valley View Road Project Budget&Schedule Status i•complete/Spent Variance 123,106 100% Cost$000 Days 31-Oct-06 1 9 110,795 —�Projected umulative$ 90% 30-Nov-06 10 18 31-Dec-06 98,485 —F Expend. res 80% 31-Jan-07 28-Feb-07 Perce omplete 31-Mar-07 y 86,174 70% 30-Apr-07 31-May-07 73,863 60% 30-Jun-07 a 31-Ju1-07 lL 31-Aug-07 61,553 50% 30-Sep-07 31-Oct-07 R 49,242 40% 30-Nov-07 31-Dec-07 E 36,932 30% 29 Feb-088 U 31-Mar-08 24,621 20% 30-Apr-08 31-May-08 12,311 10% 30-Jun-08 31-Jul-08 0% co co co co r` n r. f` n r, n N. N. N. N. N. co co co co co co co 0 0 9 0 0 0 0 9 9 0 0 0 9 0 0 0 0 9 0 0 0 0 0 > U CC L >. C 3 CI a > o z° o" 7 LL 2 a 2 ? �_ < �, z° 0 7 ' 2 N M M M M N) M M M M C) N M M M M - V' x r y AEDENP0301.01 PlanTrax Version 3.3 xis 12/12/2006 3 Line ACtnl17o3af.o1 iD,o D Zol✓ Z SEW Task Hour Budget City of Eden Prairie Reconstruction of Valley View Road Design Phase Services December 19,2006 ESTIMATED HOURS _ - - FSTIMATID ..CI. SENIOR RWATBR SOURC PORTATr RANSPORTA7 TRANSPORTATI MUNICIPAL MUNICIPAL SURVEY COST WATER MANAGER MANAERR GroI� CEOCECH LEASTRC' e10 o 00 ENGINEER NGINEERS 'RR4o or ....RTAF3 pNPIN:ER rpxPROJECC :cis' P003000 RNcIreauTNE RL STRLULIURAL GL4 5�CH� WSr'''''' ABMWTBCJ rniosCT TASKS MANAGER ENGINEER 1WCWeRR gNpW�ggR vROlRCG' OIt L&ADTeq[ RIicWRSR gNOG TgR gNclNeaR 0VG1lRBR eficWeRa THCx Caw OPRPAroR ENGINEER • 1.1 Collect photos and topography of existing savitary ... - sewer and sheet pile walls 5 1.2 Input topography tobase files and profile — 2 ' Subtotal Hours 7.0 Subtotal Labor Cost 2A : ..� ..r :..Meetingwlth-She Wat,s*ad Administrator _ : ..... 2.1 - Meeting with the Watershed Administrator 3 - 3:.. 3.... q - 1 Subtotal Hours 3.0 3:0 3.0 - 5.0 1.0 Subtotal Labor Cost $412 $255 $303 $495 : $83 $45 47 3.1 Weiland Delineatlan 3 3.2 Held meeting for review of extended delineation and - wetland mitigation site 3 3.3 Add survey to base files and make contours' 4 3.4 Redline grading plan 3 3.5 Redline planting plan 2 3.6 Grading and Planting Plansh000 2 5 3.7 Cross sections 3 3.8 Estimation of quantities 3 3.9 Update thep project manual 1 2 Subtotal Hours- 2.011.0 16.0 2.0 - SubtotalLaborCool $275 $935 $1,286 $172 - 32,668- PROJECT COST SUMMARY ' Hide this row(formulas on embedded in this row) Subtotal Hours 5.0 14.0 3.0 28.0 2.0 1.0 53.0 Subtotal Labor Cost 687 1,190 303 - 2,473 172 83 $4,907 Subtotal Expenses $250.00 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $5,157.45 Revised:1712/07 P.MU00ISAMOM IGAMCtrNB 121E aeam...ewm NOTES 1 Proposed mitigation area shown on the attached 8"xl 1"Exhibit 1 from station 33+75 to 36+75 within city property to the COOL • — 1 WC rulucs `f(Vdc5E{'1 {iiOJQ `f GIs a.tdr(t one_wcN - bu ctela il'1v4 r l -(-to. .tKcQ.0-C4-( Jolp 40 e. it -f{Q• h 4s be�1 1:;:cconei2cQ . Page 1 oil hC 1`A f( 10, 06 otot "Rod Rue" To <cschulze@sehinc.com> <RRue@edenprairie.org> cc <ppasko@sehinc.com>,<dhalter@sehinc.com>, 01/17/2007 02:45 PM <lojala@sehinc.com> bcc Subject RE:Reconstruction of Valley View Road IC No.02-5586 Additional Compensation for Wetland Mitigation Revised Task Hour Budget Carter, We are ok with the extra tasks associated with the wetland mitigation---this is considered necessary work to accomplish the project design. We'll review any additional compensation for this work, as well as any other requested extra tasks associated with the design contract,when we approach the contract maximum amount. Please let me know if you have any questions or comments. Rodney W. Rue, P.E. Assistant City Engineer City of Eden Prairie 952.949.8314 rrue@edenprairie.org -----Original Message From: cschulze@sehinc.com [mailto:cschulze@sehinc.com] Sent: Tuesday, January 16, 2007 4:20 PM To: Rod Rue Cc: ppasko@sehinc.com; dhalter@sehinc.com; lojala@sehinc.com Subject: Reconstruction of Valley View Road IC No. 02-5586 Additional Compensation for Wetland Mitigation Revised Task Hour Budget Rod, Per your discussion with Paul Pasko last week regarding the additional compensation task hour budget, I've attached a pdf file containing a revised task hour budget listing additional project tasks, estimated hours for each task, and total cost of additional services. Please note the change in expenses from the previous version.The revised expenses include jobsite visits and delineation report reproduction. Please contact me with questions or comments. Carter Schulze, PE Project Engineer SEH, Inc. 10901 Red Circle Drive, Suite 200 Minnetonka, MN 55343-9301 P: 952-912-2610 F: 952-912-2601 Ext-t3i1 Shee t o� 3 -A aalP o5Bt .0( (0,6D Carter Schulze/seh To rrue@edenprairie.org j tic 2 4k 01/16/2007 04:20 PM cc Paul Pasko/seh@seh, Dave Halter/seh@SEH, Leslee Ojala/seh@SEH bcc Subject Reconstruction of Valley View Road IC No.02-5586 Additional Compensation for Wetland Mitigation Revised Task Hour Budget Rod, Per your discussion with Paul Pasko last week regarding the additional compensation task hour budget, I've attached a pdf file containing a revised task hour budget listing additional project tasks, estimated hours for each task, and total cost of additional services. Pt WR THB Extra work 2.pdf Please note the change in expenses from the previous version.The revised expenses include jobsite visits and delineation report reproduction. Please contact me with questions or comments. Carter Schulze, PE Project Engineer SEH, Inc. 10901 Red Circle Drive, Suite 200 Minnetonka, MN 55343-9301 P: 952-912-2610 F:952-912-2601 cschulze@sehinc.com Ext-M r T ) SheeA 2_ot 3 . 1d: �� Carter Schulze/seh To rrue@edenprairie.org � 4sootspr 02/27/2007 10:13 AM cc Paul Pasko/seh@seh, Dave Halter/seh@SEH bcc Subject Reconstruction of Valley View Road IC No.02-5586 Earned Value Curve Rod, Attached is a PDF file of an earned value curve for the subject project.The three lines represent the projected cumulative dollars, expenditures, and our opinion of the amount of the project that is complete along the time line from October 2006 to July 2007. r Itwns F. { 2-27-07 PlanTrax Version 3.3.pdf As you can see from the file,the percent complete line is slightly ahead of the expenditures spent through the end of January. In the city plan review meeting, 2/21/07,the city requested a landscape plan be added to our plan set. This additional service is not in the scope of the current design contract. Per your email on 1/17/07,we request that as the contract maximum amount approaches, additional compensation for this extra task be reviewed along with all previous additional compensation requests. Please contact me with questions or comments. Carter Schulze, PE Project Engineer SEH, Inc. 10901 Red Circle Drive, Suite 200 Minnetonka, MN 55343-9301 P:952-912-2610 F: 952-912-2601 cschulze@sehinc.com EXtA1611 C Shet,t 1 o L Reconstruction of Valley View Road Project Budget&Schedule Status %Complete/Spent Variance 123,758 100% Cost$000 Days 31-Oct-06 1 4 111,382 f Projected Cumula'ye$ 90% 30-Nov-06 10 2 31-Dec-06 9 (1) 99,007 —IF-Expenditures 80% 31-Jan-07 23 21 28-Feb-07 ai —A—Percent Compl- e 31-Mar-07 66,631 70% 30-Apr-07 31-May-07 - v 74,255 60% 30-Jun-07 Cl. x W 61,879 50% a) R 49,503 4pa/° = 7 37,127 30% 0 24,752 20% 12,376 10% i - 0% co co co co h h )' h ti P I` 9 9 9 9 9 9 9 9 9 9 9 G i > Val ca Cw E 8. >, C o O z 0 7 u 2 4 ?_ '- r�) M M (aN CC') CIM M M N }9,..., r1 AEDENP0301.01 PlanTrax Version 3.3.xIs 2/27/2007 3 Line l , P1/4 iu P 040/. 0( Carter Schulze/seh To jrichardson@edenprairie.org oatik 01/16/2007 04:12 PM cc rrue@edenprairie.org, Paul Pasko/seh@seh bcc Subject Reconstruction of Valley View Road IC No.02-5586 Temporary Easement Staking Mr. Richardson, SEH has staked the temporary easement along the private property to the north of the Flying Cloud Drive at Valley View Road. This work was done on Monday morning (1/15/07), however,this task is not in the scope of the current budget. Additional fee for this task as well as other additional work, previously discussed with the City,will be requested if and when the current contract budget approaches completion. Please contact me with any questions or comments. Carter Schulze, PE Project Engineer SEH, Inc. 10901 Red Circle Drive, Suite 200 Minnetonka, MN 55343-9301 P:952-912-2610 F:952-912-2601 cschulze@sehinc.com Eiil D CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Asphalt Re-surfacing Project Facilities/OCM Requested Action Move to: • Award 2007 Asphalt Parking Lot Replacement contract to Minnesota Roadways Co.; • Reject alternates G2, G3, G4, G5, G6, G7; and • Waive the requirement that the Non-Collusion Affidavit be submitted with the bid Synopsis The Facilities Division requested sealed bids for the above project on April 12, 2007. Bids were collected and opened on April 27, 2007. Staff is recommending that the requirement that the Non-Collusion Affidavit be submitted with the bid be waived since the affidavit was submitted by Minnesota Roadways Co. shortly after bid opening. The bid results were as follows: Company Base Bid Alternate Bids Total Budget (G1, G8) Minnesota Roadways Co. $60,350 $69,350 $129,700 $143,500 Midwest Asphalt Corp. $72,200 $80,100 $152,300 Northwest Asphalt $65,950 $79,075 $145,025 Background Information The parking lots are in need of repair or replacement. Wherever possible, the Facilities Division and EPI re-used the old asphalt and base to keep the cost of the project down. Most of the asphalt slated for replacement is over 20 years old and has had minimum preventive maintenance. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5694 ITEM NO.: VIII.H. Alan Gray Approve Plans and Specifications and Public Works/Engineering Order Advertisement for Bids for Pioneer Trail Storm Sewer Improvements Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for Pioneer Trail Storm Sewer Improvements. Synopsis With assistance of Hennepin County Public Works, the Engineering Division has prepared plans and specifications for a segment of storm sewer that will serve the new Pioneer Trail improvements adjacent to Flying Cloud field that is scheduled for construction in 2008. This segment of storm sewer is scheduled for construction in 2007 across commercial property in the northwest quadrant of Pioneer Trail and Flying Cloud Drive, currently under development, to reduce restoration cost and inconvenience to the developer. Background Information Hennepin County is currently developing the construction plans for Pioneer Trail (CSAH1) between Flying Cloud Drive and Gateway Lane. The need for a storm sewer across property in the northwest quadrant of Flying Cloud Drive and Pioneer Trail has been identified. United Properties is currently developing this site as Office/Showroom in accordance with their Development Agreement dated April 17, 2007. The permanent easements for the storm sewer have been dedicated on the plat. Temporary construction easements will be provided as stipulated in the Development Agreement. Construction of the storm sewer segment through this property in 2007 will avoid the necessity of disturbing new landscaping and site improvements being placed by United Properties later this year. Financial Considerations Project cost is estimated as $125,000 for construction and engineering services. Costs will be shared with Hennepin County, in accordance with their adopted policies for County improvement projects. The final City share will be financed from stormwater utility funds. The City will initially finance Hennepin County's share and be reimbursed through the Cooperative Construction Agreement for the overall project. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PIONEER TRAIL STORM SEWER IMPROVEMENTS I.0 07-5694 WHEREAS, the City Engineer, with the assistance of Hennepin County Public Works, has prepared plans and specifications for the following improvements to wit: I.C. 07-5694—Pioneer Trail Storm Sewer Improvements and has presented such plans and specification to the Council for approval. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 19,2007. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Eugene A. Dietz Approve Contract with the State of Public Works Minnesota for ICWC program Requested Action Move to: Adopt resolution approving contract with the State of Minnesota for the Institution Community Work Crew (ICWC) in the amount of$116,754.00 for the period beginning July 1, 2007, and ending June 30, 2009. Synopsis The City of Eden Prairie has contracted with the State of Minnesota for the ICWC program since 1996. This has been a very cost-effective staffing alternative to meet seasonal peak demand as well as routine projects that supplements our staffing levels during the off seasons. Background Information In 1996, when we began to utilize the ICWC program, we contracted for two days per week. In 2001, we increased the contract to three 10-hour work days per week. Typically, we receive up to ten (10) offender crewmembers and a crew leader. The program is set up to pay the salary and benefits for the crew leader, communications equipment, modest supplies and travel costs. The contract for the next two-year period is being increased by approximately 7.4 % over the past two-year contract, but still represents a tremendous value for the City. 67% of this cost is budgeted for in the Street Division and 33% in the Utilities Enterprise Fund. The '08 / '09 budget proposes to add a fourth day to the contract and will result in an addendum to this Agreement, if approved. The ICWC program has become an integral part of our staffing plan and staff recommends that the contract be approved for an additional two years, ending June 30, 2009. Attachments • State of Minnesota Income Contract • Resolution Income Contract No. (Provided by Department of Administration) STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota, acting through its commissioner of corrections, Institution Community Work Crew Program("State"), and the City of Eden Prairie, 15150 Technology Drive,Eden Prairie, Minnesota'55344("Purchaser"). Recitals 1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. 2. The Purchaser is in need of an Institution Community Work Crew(ICWC). 3. The State represents that it is duly qualified and agrees to provide the services described in this contract. Contract • 1 Term of Contract 1.1 Effective date: July 1,2007, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2,whichever is later. 1.2 Expiration date: June 30, 2009,or until all obligations have been satisfactorily fulfilled,whichever occurs first. 2 State's Duties • The State will: A. Provide a supervisor crew leader(s) and up to ten(10)offender crewmembers that the crew leader will supervise during three(3) 10-hour work days per week,including the hours crew leaders spend for daily preparation, communication and travel. The crew leader will take directions as to the location and nature of the work to be completed on a given day as requested by the Purchaser's Authorized Representative or designee. B. Train each work crew in safety principles and techniques set forth by applicable federal, state and local agency requirements. Purchaser agrees that the state has the authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform. C. Provide required personal safety equipment and clothing needed for specific work. D. Screen projects to ensure that they meet ICWC guidelines. E. Submit reports to the Purchaser upon request within sixty(60) days of the end of each quarter. 3 Payment The Purchaser will pay the State for all services performed by the State under this contract as follows: Payment shall be made by the Purchaser to the State in the amount of twenty-eight thousand eight hundred twenty-eight and 00/100 dollars($28,828.00)on August 1,2007,twenty-eight thousand eight hundred twenty-eight and 00/100 dollars($28,828.00)on January 1,2008, twenty-nine thousand five hundred forty- nine and 00/100 dollars ($29,549.00)on August 1,2008 and,twenty-nine thousand five hundred forty-nine and 00/100 dollars($29,549.00)on January 1, 2009. Any overtime hours will be billed at the rate of sixty- five and 00/100 dollars($65.00)per hour. The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is one hundred sixteen thousand seven hundred fifty-four and 00/100 dollars ($116,754.00),plus any additional overtime hours, as its share of the cost of providing a crew leader and placing the work crews into service on the ICWC Program during the term of this agreement. The Purchaser's share t includes time scheduled for training, vacation, sick leave and holidays based on the terms and condition of the crew leaders AFSCME bargaining agreement. Revised 9/02 4 Authorized Representatives The State's Authorized Representative is Mark J. Siemers,ICWC District Supervisor,or his/her successor. The Purchaser's Authorized Representative is Doug Ernst, Supervisor, City of Eden Prairie,or his/her successor. 5 Amendments,Waiver,and Contract Complete 5.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract,or their successors in office. 5.2 Waiver. If the State fails to enforce any provision of this contract,that failure does not waive the provision or its right to enforce it. 5.3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract,whether written or oral,may be used to bind either party. 6 Liability Each party will be responsible for its own acts and omissions and results thereof to the extent authorized by the law and shall not be responsible for the acts and omissions of the other party,their employees or agents and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act,Minnesota Statutes 3.736, and other applicable law. The City's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statute Chapter 466 and other applicable law. 7 Government Data Practices The Purchaser must comply with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract.The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Purchaser or the State. If the Purchaser receives a request to release the data referred to in this Clause,the Purchaser must immediately notify the State.The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. 8 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State's Authorized Representative. 9 Audit Under Minn. Stat. § 16C.05, subd. 5,the Purchaser's books, records,documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a total of six years. 10 Governing Law,Jurisdiction, and Venue Minnesota law,without regard to its choice-of-law provisions, governs this contract. Venue for all legal proceedings out of this contract, or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination Either party may terminate this agreement at any time,with or without cause,upon 30 days' written notice to the other party. Revised 9/02 1.PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behalf of the Purchaser as required by applicable articles,bylaws,resolutions, or ordinances. By Title Date By Title Date 2.STATE AGENCY With delegated authority By Title Date 3.Commissioner of Administration As delegated to Materials Management Division By Date Distribution DOC Financial Services Unit—Original(fully executed)contract Purchaser State's Authorized Representative Budget Officer of Authorized Representative Department of Administration—Materials Management Division Revised 9/02 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2007- RESOLUTION APPROVING CONTRACT WITH STATE OF MINNESOTA FOR ICWC PROGRAM WHEREAS, the State of Minnesota has prepared a 2 year contract to provide ICWC program services to the City of Eden Prairie; and WHEREAS, the City of Eden Prairie desires to continue a long standing relationship with the ICWC program. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a Contract with the State of Minnesota in the name of the City of Eden Prairie in the amount of $116,754.00 for the two year period of July 1,2007 through June 30, 2009 for the Institution Community Work Crew program. ADOPTED by the Eden Prairie City Council on June 19,2007. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Community Development Approve a Professional Services Janet Jeremiah, Community Agreement with SRF Consulting to Development Director prepare a Town Center Streetscape Master Plan Requested Action Move to: Approve a professional services agreement with SRF Consulting Group, Inc. to prepare a Streetscape Master Plan for the Town Center area of Eden Prairie for a cost not to exceed $55,143. Synopsis Barry Warner of SRF Consulting Group, Inc. proposes to work with City staff and area property owners on the preparation of a Streetscape Master Plan for the town center portion of the Major Center Area. Background Information The Major Center Area Study was approved by the City Council in January 2006 as an advisory tool for future redevelopment and public improvements in the Prairie Center Drive/Valley View "ring road" area. In response to public input, the study recommends developing a compact, walkable town center in the Singletree Lane/Hwy 212 area. Development of the town center is proceeding with the Windsor Plaza/Bobby& Steve's phase one project. The redevelopment project will include upgrade of Singletree Lane to four full lanes with new streetscape amenities. Windsor Plaza will be special assessed for the improvements. The phase one property owners will petition the City to establish a Special Service District to govern long-term high-quality maintenance of the improvements at the adjacent property owner's expense. The board of the Special Services District will include the affected property owners. SRF Consulting Group is proposing to work with staff and Town Center area property owners to develop a Streetscape Master Plan. The plan would include design and material selection for the Singletree Lane streetscape as well as the future north-south roadway and an additional model cross street in the town center. Cost estimates would be prepared. The proposed contract also includes drafting a description of the Special Services District, its establishment and operating principles. The draft plans would be presented to the Chamber of Commerce and the Planning Commission or perhaps a joint meeting with the City Council. Attachments • Agreement for Professional Services • SRF Proposal for Services STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the 2nd day of November, 2006, between the City of Eden Prairie (City), 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. (Consultant) whose business address is One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for a Town Center Area Streetscape Master Plan hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A by December 31, 2007 unless otherwise agreed upon in writing. 3. Compensation for Services. City agrees to pay the Consultant for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex orspecialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may require in the preparation of the report for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Barry Warner (SRF) Lead Principal Project Manager. He shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Barry Warner from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from June 19, 2007 through December 31, 2007 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $2,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Contractor, but any reuse of the Information by the City or the Contractor beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, daim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Corrrr erdal Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, Mich agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 27. Conflicts. No salaried officer or employee of the Oty and no member of the Board of the Oty shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void.Any federal regulations and applicable state statutes shall not be violated. 28. Claims.To receive any payment on this Agreement,the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, daim, or demand is just and correct and that no part of it has been paid." 2 9 . Counterparts.This Agreement may be executed in multiple counterparts each of which shall be considered an original 30. Whole Agreement. This Agreement constitutes the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Consultant. Any subsequent modifications must be in writing signed by both parties. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager SRF Consulting Group, Inc. WIICONSULTING GROUP INC . Transportation•Civil•Structural • Environmental•Planning •Traffic■ Landscape Architecture•Parking•Right of Way June 14, 2007 Proposal No. P07347 Ms. Janet Jeremiah, AICP Community Development Director CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344-4485 Dear Ms. Jeremiah: SUBJECT: PROFESSIONAL SERVICES PROPOSAL FOR TOWN CENTER AREA STREETSCAPE MASTER PLAN EDEN PRAIRIE,MINNESOTA Based on your request, we are pleased to submit this proposal to provide professional services to complete the Town Center Area Streetscape Master Plan. The Streetscape Master Plan will be an important tool for project stakeholders including City policy makers and staff, property owners, businesses and future area developers. The plan will provide a decision-making framework to guide public and private investments in streetscape and urban design elements. Of particular interest will be the selection and layout of streetscape elements including lighting, furniture, and boulevard trees. Representative street and sidewalk cross-sections will provide a dimensioned allocation of the available right-of-way and its relationship to private sector building edge. SCOPE OF SERVICES We propose to carry out the work as described in the enclosed Attachment A: Scope of Services. ASSUMPTIONS It is assumed that the City will make available base mapping and relevant studies or policies related to the project area. In addition, staff from various departments will participate in evaluating alternatives presented by SRF and in soliciting input from private sector stakeholders. It is assumed that Community Development will serve as the primary interface with other stakeholders internal and external to the City. Work completed by SRF will build upon previous planning studies completed for the study area including the Major Center Area Study (SRF) and the Town Center Design Guidelines (HKGi). Current development initiatives presented to the City by private developers will be taken into consideration. SCHEDULE We will complete this work within a mutually agreed-upon time schedule. We estimate that the work will require 4 to 6 months contingent upon the extent and timing of stakeholder input. One Carlson Parkway North,Suite 1 50 Case Plaza,One North Second Street Minneapolis,Minnesota 55447-4443 s r f c❑n s u I t i n g .c o m Fargo,North Dakota 58102-4807 Tel:763-475-0010 • Fax:763-475-2429 Tel:701-237-0010• Fax:701-237-0017 An Egrnrl Opportunity Employer Ms. Janet Jeremiah, AICP June 15, 2007 City of Eden Prairie Page 2 BASIS OF PAYMENT/BUDGET We propose that we be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Based on our understanding of the project and our Scope of Services, we estimate the cost of our services to be $55,143, which includes both time and expenses. Additional services that may be requested will be billed on the same time and expense basis. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. CHANGES IN THE SCOPE OF SERVICES/ADDITIONAL SERVICES It is understood that if the scope or extent of work changes or additional services are requested, the cost will be adjusted accordingly. Before any out-of-scope or additional service work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed copy of this proposal or a separate letter of authorization, either mailed or faxed to our office, will serve as our notice to proceed. Our fax number is 763.475.2429. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. APPROVED: Barry J. Warner Senior Vice President (signature) Attachment: Attachment A: Scope of Services Name: Title: Date: This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. FS-MPLS.DATA:DATA:Marketing:Proposals:2007:P07347 EP TwnSqMP 061407R.doc CITY COUNCIL AGENDA DATE: SECTION: Consent June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. VIII.K. Molly Koivumaki/ Housing & Community Consent to Assignment and Assumption of Services Regulatory Agreement Requested Action Move to: Approve execution of Consent to Assignment and Assumption of Regulatory Agreement for the Parkway Apartments. Synopsis The Parkway Apartments Project is subject to a Regulatory Agreement with the City. The Project is being sold and the City's consent to the assignment and assumption of the Regulatory Agreement is required by Declaration of Restrictive Covenants filed against the Project Property. Background The current owner of Parkway Apartments Project, which was financed with tax-exempt housing revenue bonds, has entered into an agreement for the sale of the project,which sale is scheduled to occur on June 22, 2007. Sale proceeds will be used to prepay the bonds on or about August 15, 2007. The project is subject to a Declaration of Restrictive Covenants and related regulatory agreement which terminate on February 20, 2009. The Declaration and regulatory agreement will be assumed by the buyer. The owner has requested the City's consent to the sale, as required by the Declaration. Attachments Assignment and Assumption of Regulatory Agreement. ASSIGNMENT AND ASSUMPTION OF REGULATORY AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF REGULATORY AGREEMENT is made as of June 22, 2007, by and between HR PARKWAY, LLC, a Minnesota limited liability company (the "Assignor") and CHESTNUT DRIVE AT PARKWAY APARTMENTS, INC., a Delaware corporation(the "Assignee"). WITNESSETH: WHEREAS,Assignor and Assignee, as successor in interest to Invesco Institutional(N.A.), Inc., are parties to that certain Agreement of Purchase and Sale dated as of May 18, 2007 (the "Purchase Agreement") with respect to that certain real property which is more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Property is subject to the terms of that certain Amended and Restated Regulatory Agreement dated October 1, 1990 between Welsh Parkway Apartments Limited Partnership (Assignor's predecessor-in-title to the Property) and the City of Eden Prairie, Minnesota (the "City"), as amended by that certain Amendment to Regulatory Agreement dated January 29, 1997 between the City and Assignor and that certain Second Amendment to Regulatory Agreement dated October 1, 2000 between the City and Assignor, together with Declaration of Restrictive Covenants dated October 8, 1985 (the "Declaration") by Parkway Apartments Limited Partnership (Assignor's predecessor-in-title to the Property), as amended by Termination of Restrictive Covenants by Parkway Apartments Limited Partnership (partial termination as to Outlot B), Amendment to Declaration of Restrictive Covenants dated May 1, 1990 by Welsh Parkway Apartments Limited Partnership, Amendment to Declaration of Restrictive Covenants dated October 9, 1990, by Welsh Parkway Apartments Limited Partnership and Amendment to Declaration of Restrictive Covenants dated January 29, 1997 by Assignor(as so amended, collectively, the "Regulatory Agreement"); and WHEREAS, pursuant to the terms of the Purchase Agreement, the Assignee has agreed to assume the obligations of the Assignor under the Regulatory Agreement; NOW, THEREFORE, in consideration of these premises and One Dollar($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Assignor does hereby assign, transfer and set over to Assignee all of Assignor's right, title and interest under and in the Regulatory Agreement, and Assignee hereby accepts such assignment and assumes and agrees to discharge when due all of the duties and obligations of Assignor under the Regulatory Agreement. 2. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. 98874/1 IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement as of the day and year shown above. "ASSIGNOR" HR PARKWAY LLC, a Minnesota limited liability company By: Printed Name: Title: "ASSIGNEE" CHESTNUT DRIVE AT PARKWAY APARTMENTS, INC., a Delaware corporation By: Printed Name: Title: CONSENT OF CITY Pursuant to Section 8 of the Declaration,the undersigned, as the City under the above described Declaration,hereby confirms its consent to the sale and transfer of the Property by the Assignor to the Assignee. Dated: June 22,2007 CITY OF EDEN PRAIRIE, MINNESOTA By: Name: Title: 98874/1 2 EXHIBIT A DESCRIPTION OF REAL PROPERTY Lot 1, Block 1; Lots 1, 2 and 3, Block 2; Lots 1 and 2, Block 3; Parkway Apartments, Hennepin County, Minnesota. 98874/1 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. George Esbensen, Fire Chief Accept E.F. Johnson Proposal for replacement of Subscriber Radios Requested Action Move to: Accept the proposal from E.F. Johnson for replacement radios under the Sprint/Nextel re-banding agreement Synopsis Due to the settlement of the re-banding agreement with Sprint/Nextel the City of Eden Prairie is entitled to replacement EF Johnson subscriber units. EF Johnson has provided the City with an acceptable process. Background Information During the past 8 months the City has been in negotiations with Sprint/Nextel regarding the re- banding issue. Earlier this month an agreement was reached with Sprint/Nextel to replace all the subscriber units on the Eden Prairie radio system at Sprint/Nextel's expense. Attachments EF Johnson Agreement CITY COUNCIL AGENDA DATE: June 19, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Lariat Center III Addition Development/Planning Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 3.96 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review, and Zoning District Amendment in the Commercial Regional Service Zoning District on 3.96 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The site plan shows a 12,400 square foot building addition for restaurant and retail. The plan meets all requirements for commercial zoning with the exception of a zero lot line waiver to allow a connection between buildings Background Information The 120-Day Review Period Expires on September 15, 2007. Planning Commission Recommendation The planning Commission voted 5-0 to recommend approval of the project at the May 22, 2007 meeting including the waiver for zero lot line setback. Attachments 1. Resolutions 2. Staff Report 3. Location Map 4. Land Use & Zoning Maps 5. Planning Commission Minutes LARIAT CENTER III ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LARIAT CENTER III ADDITION FOR LARIAT COMPANIES WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on May 22, 2007, on Lariat Center III Addition by Lariat Companies and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on June 19, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Lariat Center III Addition,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated June 19, 2007. 3. That the PUD Concept meets the recommendations of the Planning Commission May 22, 2007. ADOPTED by the City Council of the City of Eden Prairie this 19th day of June, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- (Lariat Center III Addition) Legal Description: Lots 1 and 2, Block 1 Lariat Center, Hennepin County, Minnesota STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: May 18, 2007 SUBJECT: Lariat Center III Addition APPLICANT/ OWNER: Lariat Companies, Inc. LOCATION: 8335 Crystal View Road 120 DAY REVIEW: Expires August 15, 2007 REQUEST: 1. Planned Unit Development Concept Amendment on 3.96 acres 2. Planned Unit Development District Review with waivers on 3.96 acres 3. Zoning District Amendment in the C-Reg-Ser District on 3.96 acres 4. Site Plan Review on 3.96 acres BACKGROUND The Comprehensive Guide Plan shows the site for Regional Commercial land use. The property is zoned Commercial Regional Service. This project contains two lots. One lot is the Chevy's Restaurant, the other is a two-story, 14,271 square foot commercial/office building with Punch Restaurant. The approved plan show approximately one acre of land for future development. No concept plan was approved for this area; however one acre could accommodate a one story building of 8,712 square feet and a two story building of 15,724 square feet. MCA PLAN The site is located in Subarea 2 of The Major Center Area Study. The site is located outside of the Town Center. The land use assumptions for Subarea 2 outside of the Town Center area are office (.37 FAR), Big Box Retail (.16-.19 FAR), Medical (.21 FAR), Community Retail (.15-.17 FAR) and Mid-Rise High Density Residential (40-60 units per acre.) Staff Report—Lariat Center III Addition May 18,2007 The development is mixed use office, retail, and restaurant. The intensity for existing and proposed uses for both sites is 20%. This falls within the forecasted range of.17 to .37 site coverage for land use assumptions within Subarea 2. The proposed retail and restaurant use is an appropriate use in a community retail area of Subarea 2. SITE PLAN The total site area for both lots is 174,256 square feet. The site has a base area ratio of 0.12 and a floor area ratio of 0.20. City code permits up to a 0.20 base area ratio and a 0.40 floor area ratio in the Commercial Regional Service zoning district. The site plan shows a 12,400 square foot building addition for restaurant and retail. The plan requires a zero lot line waiver to allow a connection between buildings. The building meets all other setbacks. The plan provides the required parking. GRADING AND DRAINAGE There is an existing storm water treatment pond in the southeast corner of the site. UTILITIES Sanitary sewer and water will serve the site from both Prairie Center Drive and Commonwealth Drive. LANDSCAPING The amount of landscaping required is 39 caliper inches. The plan meets this requirement. ARCHITECTURE The building meets the building height requirement. The building meets the meets the 75% face brick and glass requirement. STAFF RECOMMENDATION Recommend approval of the following: • Planned Unit Development Concept Amendment on 4 acres • Planned Unit Development District Review with waivers on 4 acres 2 Staff Report—Lariat Center III Addition May 18,2007 • Zoning District Amendment in the C-Reg-Ser District on 4 acres • Site Plan Review on 4 acres This is based on plans dated May 18, 2007, and the following conditions: 1. Prior to grading permit issuance, the proponent shall install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 2. Prior to Building permit issuance, the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. C. Submit a landscaping and tree replacement bond for review. 3. The following waiver is granted through the PUD for the project: A. A zero lot line setback waiver to building is granted as part of this approval. 3 Area Location Map - Lariat Center III Addition Address: 8335 Crystal View Rd. and 8353 Cyrstal View Rd. ' \ _ _ __ L_________,/,/,` )- [ dIesetR ! / /' I j / Commonwealth Dr. — / Regional Center Dr. /7 Y __. ' �� / f ITE , 1 • �. Crystal View Rd. Prairie Center Dr. /ji / ,--- / / Flying Cloud Dr. 4',/,,._ i_. _ _ ii / // / �/ .__...-. f >/ / N f ) No SI // ///// \ `f Guide Plan Map Lariat Center Ill Addition 8335 & 8353 Crystal View Road, Eden Prairie, Minnesota • —. - l- /.... \ , ,i 41 Regional Center Dr. i : - . ' -tank ti'�= r. /' 111: i Commonwealth Dr. , I Middleset Rd. ® , i -! i .. \' - . r' . I _ " SITE I -, Ail . .- • j . . „., . .. /416Crystal View Road Prairie Center Drive ` i 1 t)1 . I ....___ ../ 1 • •,./../,----- - - -., j X\ ' Flying Cloud Drive f � 1 - Lan dUse022107 L...1 Neighborhood Commercial --Metropolitan Urban Service Line(MUSA) Creeks DATE Approved 03.19.03 I I Low Density Residential 0-2.5 Units/Acre I I Community Commercial DATE Revised 01-07-05 DATE Revised 11.07.05 LI Low Density/Public/Open Space —Principal Arterial DATE Revised 02 23.Oo Regional Commercial DATE Revised 03-23-O3 I I Medium Densityresidential 2.5-10 Units/Acrep Park/Open Space AMinor Arterial DATE Revised 06-23-08 DATE Revised 12.00.06 — [-1 Medium Density Residential/Office I I Public/Quasi-Public a Minor Arterial DATE Revised 03.01.07 Major Collector M High Density Residential 10-40 Units/Acre I I Golf Course —Minor CollectorMI I I Office I♦Church/Cemetary �I V/.I Office/Industrial I I Open Water EDEN ®Office/Public/Open Space I I Right-Of-Way n PRAIRIE ow Industrial I I Parcels ' V Zoning Map Lariat Center Ill Addition 8335 & 8353 Crystal View Road, Eden Prairie, Minnesota • / / .. • Regional Center Dr. ii 1 s — — ; I �� • Commonwealth Dr. Il Middleset Rd. • .0 • rilOr• 7 s. j Crystal View Road / Prairie Center Drive \ /,. / ,,.'-i-1. /7" ) , ., ,„// \\V \ .. . . ... !I / _.,_------ Flying Cloud Drive _ ,NJ:� i --...„„,....:\ 0 Landusee221D7 IIM Highway Commercial Shoreland Management Classifications N 1 Rural One Family -10 acre min. -Regional Service Commercial I NEI Natural Environment Waters I R1-04 One Family-44,000 s€.min. -Regional Commercial I RDI Recreational Development Waters 1 R1-22 One Family-22,000 st min. I I Industrial Park-2 Acre Min, I GOI General Development Waters(Creeks Only) r . r l. tf I R1-13.5 One Family-13,500 sf min. ®Industrial Park- 5Acre Min. I� OU Year Floodplain J R1-9.5 One Family-9,500 sf min. -General Industrial-5 Acre Min. Highway#312 West of County Road#4 is proposed and under construction al this E E N I RM-6.5 Multi-Family 6.7 U.P.A.max, I Pubictime. NM RM-2-5 Multi-Family-17.4 U.P.A.max.I I Golf Course Up dated through Ordinance# PRAM Ri E Ordinance#33-2001(BFI Additionition))07 approved,but not shown on this map edition I Office i i Water Date:March 1,2007 Mt•WQRt:•DREAM I- I Neighborhood Commercial I 1 Right-of-Way „taus udeu m era races b a acn E�s,aca� o-s= map...om dr4a• ...daarnad kaaa d�,crsU POflax nwa-reety Caner.Freya J Community Commercial I I Chanhassen City limits APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION TUESDAY, MAY 22, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road LARIAT CENTER III ADDITION Request for: Planned Unit Development Concept Review on 3.96 acres; Planned Unit Development District Review on 3.96 acres; Zoning District Amendment in the Commercial Regional Service Zoning District on 3.96 acres; Site Plan Review on 3.96 acres. Brian Cluts, representing Lariat Companies, said the proposed addition is a mirror image of the building that is already located on the property. Mr. Cluts pointed out the site elevations would be the same as the existing building, as well as the outside materials. There would also be a skyway between the two buildings. Stoelting asked about the location of the trash receptacles and the accessibility of these locations. Mr. Cluts pointed out the locations of the trash receptacles and said the one for the new facility would be totally screened off. He did say when they collect the trash, the receptacle would have to be rolled out of its location in order to be emptied. Stoelting asked Franzen to review the staff report. Franzen said the Staff recommends approval based on pages 2 and 3 of the staff report. Stoelting opened the meeting up for public input. There was no input. Seymour said he has some concerns about the placement of the trash receptacle and said it would be difficult for them to roll it out in order to empty it. Mr. Cluts said there is no other option than what they are doing because of the space limitations. Pitzrick asked if they could start to incorporate some of the Town Center features in this area. Franzen said that first of all, these are two-story buildings, which are a different appearance than the Town Center area, and also there is a lack of outdoor seating space. Pitzrick suggested incorporating light poles like the Town Center Area has. Franzen said the Town Center project is not far enough along to ask this project to incorporate those changes. Stoelting asked the project proponent to address the issue of outdoor seating. Mr. Cluts said the current outdoor seating for the former restaurant would stay the same as it is now. MOTION by Stoltz, seconded by Seymour to close the public hearing. Motion carried 5-0. MOTION by Stoltz, seconded by Seymour, to recommend approval of the Planned Unit Development Concept Review on 3.96 acres; Planned Unit Development District Review on 3.96 acres; Zoning District Amendment in the Commercial Regional Service Zoning District on 3.96 acres and Site Plan Review based on plans stamped dated May 16, 2007, and the staff report dated May 18, 2007. Motion carried 5-0. CITY COUNCIL AGENDA DATE: June 19, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Wilson Ridge Office Building Development/Planning Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 6.89 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review, and Zoning District Amendment in the Office Zoning District on 6.89 acres; and • Adopt the Resolution for Preliminary Plat on 6.89 acres into one lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. • Approve and Authorize Issuance of a Grading Permit for Wilson Ridge Office Building, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated June 19, 2007, as approved by the City Council. Synopsis This project is a 3 story 107,000 square foot office building. The plan meets the required building setbacks,parking setbacks, base area and floor area requirements for office zoning. The project requires waivers from the City code for building height, exterior materials, shoreland, and sign size. Background Information The 120-Day Review Period expires on September 8, 2007. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the May 22, 2007 meeting including the waivers for building height, exterior materials, shoreland, and sign size, and subject to the following items to be completed prior to review by the City Council. A. Revise the landscape plan to meet the tree replacement requirement. B. Revise sign locations to meet the required 20 foot setback. C. Provide sight line information for the new driveway. D. The driveway width should be widened to 40 feet to accommodate two outbound lanes. The driveway should also be realigned so that it intersects Flying Cloud Drive at a 90 degree angle. E. Revise the plan to provide treatment for the proof of parking areas as impervious surface. The plans have been revised to meet the recommendations of the Planning Commission. Attachments 1. Resolution—PUD Concept 2. Resolution—Preliminary Plat 3. Staff Report 4. Location Map 5. Land Use &Zoning Maps 6. Planning Commission Minutes 7. Letters from property owners WILSON RIDGE OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF WILSON RIDGE OFFICE BUILDING FOR MERIDIAN FC LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on May 22, 2007, on Wilson Ridge Office Building by Meridian FC LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on June 19, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Wilson Ridge Office Building, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated June 19, 2007. 3. That the PUD Concept meets the recommendations of the Planning Commission May 22, 2007. ADOPTED by the City Council of the City of Eden Prairie this 19th day of June, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- (Wilson Ridge Office Building) Legal Description: Lot 2, Block 1, Wilson Ridge Third Addition WILSON RIDGE OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION APPROVING THE PRELIMINARY PLAT OF WILSON RIDGE OFFICE BUILDING FOR MERIDIAN FC LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Wilson Ridge Office Building for Meridian FC LLC stamp dated June 19, 2007, 2007, and consisting of 6.89 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 19th day of June, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: May 18, 2007 SUBJECT: Wilson Ridge Office 2007 APPLICANT/ OWNER: Meridian FC LLC. LOCATION: 7480 Flying Cloud Drive REQUEST: 1. Planned Unit Development Concept Review on 6.89 acres 2. Planned Unit Development District Review with waivers on 6.89 acres 3. Zoning District Amendment within the Office District on 6.89 acres 4. Site Plan Review on 6.89 acres 5. Preliminary Plat of 6.89 acres into 1 lot and road right of way BACKGROUND This site is part of the Wilson Learning Center PUD approved in 1986 for office use. The Comprehensive Guide Plan shows the site as Office and is zoned Office. Surrounding land uses consist of High Density Residential to the north, Open Space and High Density Residential to the east, Office to the south, and Industrial to the west. Twenty-thousand square feet of office was anticipated for this property as part of the Wilson Learning Center PUD. This plan was amended in 2004 for the Hilltop Town Offices, a plan for five town office suites totaling 39,749 sq. ft. SITE PLAN The site plan shows a 3 story 107,000 square foot office building. The plan meets the required building setbacks,parking setbacks,base area and floor area requirements for office zoning. The plan meets the required parking of 449 spaces. ACCESS Staff Report—Wilson Ridge Office 2007 May 18, 2007 Page 2 The plan is to remove the existing driveway access and relocate it to the northwest. The location of the new driveway is dependant on appropriate sight lines. If appropriate sight lines cannot be provided then substantial changes will be needed to the site plan. The driveway width should be widened to 40 feet to accommodate two outbound lanes. The driveway should also be realigned so that it intersects Flying Cloud Drive at a 90 degree angle. ARCHITECTURE The exterior materials for the building are pre cast and glass. Windows are 40% of the building exterior. Pre cast is 60 % of the exterior walls. Pre cast may be used on a buildings exterior not to exceed 25% of the building. An exterior materials waiver is required. The photo in the plans is not the actual building. It is a photo of a building in Milwaukee that is similar to what is being proposed for this project site. The building is 43 feet tall. The office zoning district limits building height to 30 feet. This is a waiver. SHORELAND CODE The property is in a shoreland area since it is located within 300 feet of Nine Mile Creek. The creek is classified as General Development Water. Lots within 150 feet of the creek are considered abutting lots and must meet the following requirements for Office sites. • Minimum lot size—2 acres • Minimum lot width at building line - 150 feet • Minimum lot width at Ordinary High Water Level— 150 feet • Minimum setback from Ordinary High Water Level— 150 feet The project meets these requirements. Additional requirements within a shoreland area include: • No development or alteration permitted on a bluff,which is a slope that averages 30% or greater. Bluff exists along the east side of the property. Alteration is proposed in this area. This item is discussed further in the PUD waiver section of this report. SIGNS Staff Report—Wilson Ridge Office 2007 May 18, 2007 Page 3 The project narrative indicates a proposal for 3 signs: • Sign A- 100 square foot sign at the driveway entrance.Both signs are off site identification signs and require a waiver. • Sign B-70 square foot monument sign at the intersection of Valley View Road and Flying Cloud Drive. • Sign C -40 square foot direction sign. All signs identify the 7500 and 7480 buildings. All signs are located on the 7480 property (proposed building) meaning 7500 on the 7480 sign is an offsite sign. The City code allows a building having one street frontage, a 50 square foot, 8 foot high sign, 20 feet from any street right of way. If there are two or more street frontages, each additional frontage may have one 36 square foot sign. Directional signs are allowed up to a total of 36 square feet with each sign not exceeding 6 square feet. The project site has two frontages and can have a 50 sf and a 36 sf sign The 7500 building has frontage on Valley View Road and Highway 212, but not Flying Cloud Drive. This site has no signs on either frontage. The proposed signs do not meet the required 20 foot setback. PLANNED UNIT DEVELOPMENT WAIVERS The following Planned Unit Development waivers are proposed for the project: 1. To permit development on a shoreland bluff. City code does not permit development or alteration on a shoreland bluff This waiver may have merit since this bluff was manmade as a result of grading of the property when the Wilson Learning Center was built. This was prior to the shoreland bluff requirement. 2. Exterior materials from 75% face brick, glass, and natural stone to 40% The City has previous granted waivers for the use of pre cast provide a natural stone chip is exposed on the surface so that the material appears as stone. The building on the adjacent parcel is a pre cast panel with granite chip. The proposed panel has a granite chips. 3. Building height from 30 feet to 43 feet. The City has previously granted waivers for building height for office buildings when they are located along major highways and/or in location of higher intensity users. The 30 foot office height is appropriate in areas adjacent to low density residential development. Staff Report—Wilson Ridge Office 2007 May 18, 2007 Page 4 4. Sign size from 50 square feet to 100 square feet. Sign size from 36 square feet to 72 square feet. Directional sign size from 6 square feet to 40 square feet. No offsite sign to three off site signs. Since the 7500 building and the proposed office (7480) share one access and since both sites have no other driveway access, it would be appropriate to consider a shared sign(Sign A) at 100 square feet, a shared sign(Sign B) at 72 square feet, and a shared directional sign (Sign C) at 40 square feet.. Signs A and B are in the right of way and need to be relocated to the required 20 foot setback. LANDSCAPING- TREE REPLACEMENT Landscaping is required based on total building size for a total of 331 inches. The plan meets the landscaping requirements. All landscaped areas shall be irrigated. There are 1093 diameter inches of significant trees on the property. Most of these trees were planted as part of the landscape and tree replacement requirements for the Wilson building on the adjacent parcel. The required tree replacement is 1,415 inches. The plan does not meet this requirement. The tree replacement requirement can be satisfied by increasing the size of the proposed landscaping on the project site and plant additional trees in the open areas on the adjoining property. See attachment A. LIGHTING Since the site is adjacent to residential areas, all site lighting shall be restricted to downcast cut- off shoebox fixtures not to exceed 20 feet in height. UTILITIES AND DRAINAGE Sanitary sewer and water will serve the site from lines in Flying Cloud Drive. Storm water will be treated onsite to NURP standards. A combination of ponds, an underground storage system and rainwater gardens will be utilized to achieve storm water quality and quantity requirements. Infiltration will be provided with the use of rain gardens as well as the underground storage system which will have an open bottom to promote infiltration. The plan should be revised to provide treatment for the future proof of parking areas as impervious surfaces. SIDEWALKS A five-foot sidewalk is proposed along the east side of the entrance drive connecting to the public Staff Report—Wilson Ridge Office 2007 May 18, 2007 Page 5 sidewalk along Flying Cloud Drive. TRAVEL DEMAND MANAGEMENT A draft Travel Demand Management Plan (TDM) has been submitted. The plan should be revised to provide financial incentives to employees to be consistent with other TDM plans approved by the City. STAFF RECOMMENDATION Option 1 Recommend approval of the following request: • Planned Unit Development Concept Review on 6.89 acres • Planned Unit Development District Review with waivers on 6.89 acres • Zoning District Amendment within the Office District on 6.89 acres • Site Plan Review on 6.89 acres • Preliminary Plat of 6.89 acres into 1 lot and road right of way. This is based on plans stamped dated May 17, 2007 and, the staff report dated May 18, 2007 and the following conditions: 1. Prior to review by the City Council the proponent shall: A. Revise the landscape plan to meet the tree replacement requirement. B. Revise sign locations to meet the required 20 foot setback. C. Provide sight line information for the new driveway. D. The driveway width should be widened to 40 feet to accommodate two outbound lanes. The driveway should also be realigned so that it intersects Flying Cloud Drive at a 90 degree angle. E. Revise the plan to provide treatment for the proof of parking areas as impervious surface. 2. Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. Staff Report—Wilson Ridge Office 2007 May 18, 2007 Page 6 B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping. B. Pay the Cash Park Fee. C. Review the plans with the Fire Marshal D. Submit building materials and colors for review and approval. E. Submit a final TDM Plan. 5. The following waivers are granted as part of the PUD: A. Exterior materials from 75% face brick, glass, and natural stone to 40% B. Building height from 30 feet to 43 feet. C. To permit development on a shoreland bluff City code does not permit development or alteration on a shoreland bluff D. Sign size from 50 square feet to 100 square feet. Sign size from 36 square feet to 72 square feet. Directional sign size from 6 square feet to 40 square feet. No offsite sign to three off site signs Option 2 Recommend that the project be continued to the June 11,2007 meeting with direction to revise the plans according to the staff report. Area Location Map - Wilson Office Building Address: 7480 Flying Cloud Drive .,,\\ 1,/.. i.:•••••••••••••••.............. .. ..;• ........................ ...... , ....:.. •,...,,.,,,.... •• ,.._.,........,\. ..,,ii.......::••.:: k......._.• . .. •,.. ••••.. .. /,,i___.7 --.\ • . .. •.....„.,,,,:: .: .. . :.. . . . 1....__. . ...___....__________..._____ _ r 1..„,_:. . f / _ <____ Highway#212 V - - , Flying Claud Dr. .--J \ /,� ` . .'........... ••:•• ....?.:... . ' ' ''' . /...::::-:-:%:::: ; . .. . : - / . .... .. ........... . .. .. . . . - --- ./fl . • — •• . i Valley View Rd .. : ....:::::::' .:::...% - . ... /' '' J �l..... ....... . „ \.........-,-,,- • ..,___ 51ET - ii. rif . ... ...... . . . _\\I .._._..._ . ._.. . ., . . .. . ),... .. .........................• ). , ... .......................:................... .... /. ---,,,,-,/.---\ - ... .. ..... .. . . . .,,, . ..................i.r.• ___..,.. ,/ . , . , ,.._N/ .. .. .. . . .\ . . //...................:.:..............:,....:-.•::.:...............,. . / . . . . . _ ,. ... .. _. :.:. • _:.....___.. .._. • ___. .._____ , \_•___.___- , . . � • i f , . . .Smetana L a.-\.- ''''''. ---'-"I'....\.................1 :......................:......:::..::.::. .l. . . .. . ..... . . . . . . . - .' . . ...• I ... ..• N ' \"--- • •• ••••• • ••- :••• .-•••••••••:•:•••••••"•••••••••• -.: --•\\:-... ... ..:••:•••••••••••:, : ---- ..... . �� f . I Scale Z Zoning Map Wilson Office Building 2007 7480 Flying Cloud Drive, Eden Prairie, Minnesota Z Flying Cloud Drive ~ 1ilr —_______----#77.-- I 7 i' Highway#212 i j Valley View Road ( _ / , ) Smetana Lane I - I. 1‘......___.. PP-- )641 Landuse022107 ®Highway Commercial Shoreland Management Classifications N 1 Rural One Family -10 acre min. —Regional Service Commercial I NE I Natural Environment Waters R1-44 One Family-44,000 sf-min. I.Regional Commercial I ROI Recreational Development Waters �i R1-22 One Family-22,000 sf min. I—!industrial Park-2 Acre Min, I ON General Development Waters(Creeks Only) ''7 1 J„ t( R1-13 5 One Family-1 3,500 sf min. f I Industrial Park- 5 Acre Min. 11)D- Year Floodplain R1-9.5 One Family-9,500 sf min. ®General Industrial-5 Acre Min. Highway#312 West of County Road#4 is proposed and under construction at this E D E N I j RM-6.5 Multi-Family-6-7 IJ PA max- I I Public time. IEN RM-2.5 Multi-Family-17-4 U-P A_max-I IUp dated through Ordinance#10-2007 PRAI RI YGall Course Ordinance#33-2001(NI Addition)approved,but not shown on this map edition I I Office L 1 Water Gate:March 1,2007 Neighborhood Commercial I 1 Right-of-Way �a�,.zx.�u,,,.•aa»a:��3•:avus�mu:,aa-:.,smar.caaa..M. and a=rFH Jtl xri§..-Icn fb at Eden Pw,{G,i Ge",,,,,P,al. 1-1 Community Commercial I I Chanhassen City limits Guide Plan Map Wilson Office Building 2007 7480 Flying Cloud Drive, Eden Prairie, Minnesota Aiitirir. , / ,. , ..... , . r' Flying Cloud Drive \ ' \ • TVØ,---------------- - t Highway#212 411111IN., ,' " --d11111. • t Valley View Road = i / -_:_ •-••••••00".... \ "/ `1,1\ Iff ii ,.\ I/ _.._ ' y 7 . ,,, ,... ___ __ __ ... \ d, • • . __,, , i (' \\7 ' - \ 0070 ,.. 1.1i.,.111112:11:1 „. _. 1\0:404444004iiiii, „ , ,. ... ,• ... ..41 '. ,. . VIN ••,,,„ v _____.1 . 1 _____ , d ____ , , , i — -x ....,,, . . , , ...„---- , \ •":„. _____ .___ ._. .. .. _ \ --, _____.----------- f __\ _ LandUse022107 I I Neighborhood Commercial -Metropolitan Urban Service Line(MUSA) OATE Approved 03-1603 I Low Density Residential 0-2.5 Units/Acre I I Community Commercial Creeks DATE RevAsed01-07-05 DATE Revised 11-07-05 F77 Low Density/Public./Open Space ®Regional Commercial —Principal Arterial DATE Rosed02-23•00 DATE Revised 03-23-06 I I Medium Densityresidential 2.5-10 Units/Acre Park/Open Space A Minor Arterial DATE Revised 0523-08 P P DATE Revised 12-06.Do x B Minor Arterial DATERevsed0301-07 0 Medium Density Residential/Office I I Public/Quasi-Public Major Collector LI High Density Residential 10-40 Units/Acre I I Golf Course —Minor Collector r I Office =Church/Cemetery SP Office/Industrial I I Open Water EDEN Office/Public/Open Space Right-Of-Way N PRAIRIE 1 ®Industrial l I Parcels APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION TUESDAY, MAY 22, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road WILSON RIDGE OFFICE BUILDING Request for: Planned Unit Development Concept Review on 6.89 acres; Planned Unit Development District Review on 6.89 acres; Zoning District Amendment in the Office Zoning District on 6.89 acres; Site Plan Review on 6.89 acres. Gary Dreher, of Told Development Company, gave a summary of the proposal and also showed a site plan of the project. This is a 6.89 acre site which Told Development Company owns. They would like to propose a three story office building with a basement to be included on this site. He showed the building footprint and the different accesses into the site and pointed out there would be a large storm water retention pond on the property. There would also be surface parking which will include 120 stalls. This would also be a heavily landscaped site. Mr. Dreher showed the various elevations of the building. He pointed out the north elevation will face the parking lot. The outside material will be high quality pre-cast with granite chips in it, which they will be asking for a waiver. He showed a sample of the base chip and said the amount and quality of the aggregate is very high. Mr. Dreher briefly identified the proposed waivers for the project which included building materials, shoreland code, building height and signs. Stoelting asked Mr. Dreher if he had any graphics of the sign. Franzen pointed out the graphics are included in the staff report. Stoelting asked Mr. Dreher to discuss tree replacement. Mr. Dreher said they are working with Staff and the owners next to them to accommodate tree replacement. Stoelting asked Franzen to review the staff report. Franzen said there are five items on the staff report the project proponent should complete prior to review by the City Council. He said in regards to the waivers, they comply with the material waiver. In regards to the height of the building, the one next to it is taller, so this should not be a problem in granting this waiver. In regards to signage, Franzen pointed out this is a shared access property and because of that it is better to have bigger signage. Stoelting opened the meeting up for public input. There was no input. Pitzrick asked if they are pursuing LEED Certification. Mr. Dreher said some of the things on the site should be LEED friendly and said the tree replacement would be an example of this. Pitzrick asked why they are using pre-cast on top of the building. Mr. Dreher said they like the architectural feature that comes from using this material. Seymour asked Franzen if there would be a tenant sign on the building. Franzen pointed out that he was unsure but said they are entitled to two-50 sq. ft. signs on either side of the building. MOTION by Pitzrick, seconded by Seymour, to close the public hearing. Motion carried 5-0. MOTION by Pitzrick, seconded by Seymour, to recommend approval of the Planned Unit Development Concept Review on 6.89 acres; Planned Unit Development District Review on 6.89 acres; Zoning District Amendment in the Office Zoning District on 6.89 acres and Site Plan Review on 6.89 acres based on plans stamped dated May 17, 2007, and the staff report dated May 18, 2007. Motion carried 5-0. CORNERSTONE i !' Real Estate Advisers LLC VIA EMAIL June 14, 2007 Mr. Scott Neal Eden Prairie City Manager Eden Prairie City Center 8080 Mitchell Rd. Eden Prairie, MN 55344 Re: Proposed occupancy by AlliantTechsystems of new development at 7480 Flying Cloud Drive, Eden Prairie, MN Dear Mr. Neal: We would like to take this opportunity to express our concerns regarding the occupancy of the proposed new office development at 7480 Flying Cloud Drive by AlliantTechsystems ("ATK"). While we are not opposed to the proposed building by Told Development or the tenancy by ATK, we do have major concerns about the issues that come with ATK. Our main concern is the long history of disruptive and antagonistic protests against ATK at the entrances of their current offices in Edina and former offices in Hopkins by the civil resistance group AlliantAction. The ingress/egress for the office building already existing at 7500 Flying Cloud Drive will be shared with the building currently proposed to house ATK at 7480 Flying Cloud Drive pursuant to a shared ingress easement. With our purchase of 7500 Flying Cloud Drive in October of 2006, we understood the easement restraints that went along with the property. We have worked with the owner of the development site at 7480 Flying Cloud Drive, Told Development, over the past six weeks to compromise on a relocation of the existing entrance to our property that will accommodate Told's desire to better utilize their site in order to build a new office building thereon. However, upon learning of the prospective tenant, ATK, and their long and troubled relationship with AlliantAction we feel that a shared entrance between the two properties would be detrimental to the ability of the Eden Prairie police department to control the weekly protests that will occur in the shared access road to both 7480 and 7500 Flying Cloud Drive. It will also be detrimental to the safety of the tenants, suppliers and visitors of 7500 Flying Cloud Drive as well as the AlliantAction protestors themselves. It seems that the strategy of AlliantAction is to be as disruptive as possible in order to bring attention to themselves and their cause. On their website currently is an "invitation" to join in the scheduled June 20 protest at ATK's current headquarters. Protestors are encouraged to "bring a drum or plastic bucket" apparently in an effort to create as much 300 South Wacker Drive • Suite 3550 ■ Chicago, IL 60606 • (312)786-0055 • FAX(312)786-0285 noise and disruption as they can. These types of tactics have effects on the entire community; from taking up valuable law enforcement resources to clogging the judicial systems and decreasing productivity of neighboring businesses. In March of 2005 the City of Edina apparently was so concerned that they had to change their trespassing ordinance in order to address the problems from these protests. According to Alliant Action's website www.alliantaction.org, as recently as October 2, 2006, seventy-four protestors (out of the over 270 present) were arrested as they tried to enter the property through both building and parking garage entrances. Photos on the website depict demonstrators blocking the street as well as the entrances to the building. In some of the photos, many law enforcement officers were required to assist building security in removing protestors from the site. The website takes pride in pointing out that in the last ten years or so over 650 AlliantAction protestors have been arrested for civil resistance at the ATK headquarters. The organization also prominently displays on its site that it has been named the "Biggest Hellraiser of 2007"by City Pages magazine. We have also spoken to the current ownership and management of the ATK corporate headquarters at 5050 Lincoln Drive and both have indicated a history of vandalism at the site. The vandalism includes broken windows and graffiti on the building signage which is believed to be related to the protestors. It is our concern that if the two properties share an entrance and it is routinely blocked by the protestors at the ATK site, then tenants, their visitors and guests will not be able to easily gain access to the 7500 Flying Cloud Drive property. In addition, we are not sure that any amount of signage will separate the two properties and therefore, protestors may unfairly target 7500 Flying Cloud Drive. Given these possibilities we would ask the City Council to consider taking steps to minimize the impact these protestors will have on 7500 Flying Cloud Drive and its entrance. We appreciate you taking into consideration the uniqueness of this situation and taking whatever reasonable efforts you can to minimize the adverse impacts it may have on others in the community. Sincerely, orn mg Cornerstone Real s to Advisers, LLC on behalf of Flying Cloud Office, Inc. Cc: (w/attachments) Mr. Mike Franzen, City Planner Mr. Phil Young, Mayor Ms. Sherry Butcher, City Council member Mr. Brad Aho, City Council member Mr. Jon Duckstad, City Council member Ms. Kathy Nelson, City Council member 300 South Wacker Drive • Suite 3550 • Chicago, IL 60606 • (312)786-0055 • FAX(312) 786-0285 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 164277 - 164707 Wire Transfers 2700- 2712 City of Eden Prairie Council Check Register 6/19/2007 Check# Amount Vendor/Explanation Account Description Business Unit 2700 316 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2701 75,097 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2702 12,075 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2703 16,678 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2705 417 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2706 281 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2707 1,832 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2708 30,626 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2709 159,623 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2710 12,153 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2711 22,678 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2712 98,183 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 164277 200 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 164278 300 A TO Z RENTAL CENTER Other Rentals Park Maintenance 164279 910 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 164280 140 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 164281 300 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 164282 100 AAS,MARTHA Refunds Environmental Education 164283 1,045 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services 164284 488 ACTION PLUS SPORTSWEAR Operating Supplies Girls on the Run 164285 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Prairie View Liquor Store 164286 7,676 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund 164287 140 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons 164288 133 AMERICAN SPECIALTY DOOR SYSTEM Equipment Repair&Maint Water Distribution 164289 2,081 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Prairie View Liquor Store 164290 253 ANNE MCGILVRAY Misc Taxable Den Road Liquor Store 164291 98 AQUA LOGIC INC Contract Svcs-General Bldg Pool Maintenance 164292 60 BCA/TRAINING&INVESTIGATION S Tuition Reimbursement/School Police 164293 8,616 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 164294 69 BERRY COFFEE COMPANY Recreation Supplies Senior Center Operations 164297 6,322 BIFFS INC Waste Disposal Park Maintenance 164298 29 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Utility Operations-General 164299 30 BOILER SERVICES INC Cash Over/Short General Fund 164300 81 BOYER TRUCKS Equipment Parts Fleet Services 164301 1,325 BRAUN INTERTEC CORPORATION Contract Svcs-HVAC Police City Center 164302 818 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 164303 92 BUSINESS JOURNAL,THE Dues&Subscriptions Utility Operations-General 164304 1,136 CADAN CORPORATION Other Hardware Capital Impr./Maint.Fund 164305 120 CAMPOS,LORI Instructor Service Outdoor Center 164306 66 CATCO PARTS SERVICE Equipment Parts Fleet Services 164307 608 CELARITY INC Other Contracted Services Communication Services 164308 1,599 CEMSTONE PRODUCTS COMPANY Building Materials Senior Center 164309 58 COLOR PRINTING Office Supplies Police 164310 125 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 164311 136 COMPAR INC Equipment Repair&Maint Information Technology 164312 300 CONROY PH.D.,DENNIS L Other Contracted Services Police 164313 2,050 CORPORATE EXPRESS Office Supplies General 164314 125 COSTCO Operating Supplies Fire 164315 4,666 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 164316 8,018 DAY DISTRIBUTING Beer Den Road Liquor Store 164317 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 164318 146 DEAN,MITCH Mileage&Parking Den Road Liquor Store 164319 185 DESMARAIS,BERNIE Riley Lake Shelter Park Facilities 164320 34 DISH NETWORK Cable TV Community Center Admin 164321 1,814 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 164322 531 EARL F ANDERSEN INC Operating Supplies Traffic Signs 164323 1,726 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 164324 719 EMBEDDED SYSTEMS INC Repair&Maint.Supplies Emergency Preparedness 164325 6,860 ENGINEERED ICE SYSTEMS Contract Svcs-Ice Rink Ice Arena Maintenance 164326 1,030 ETICA Wine Imported Den Road Liquor Store 164327 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 164328 10,304 FEDERAL SIGNAL CORPORATION Other Assets Emergency Preparedness 164329 140 FERRELLGAS Equipment Repair&Maint Fleet Services 164330 70 FINLEY BROS INC Repair&Maint.Supplies Park Maintenance 164331 835 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 164332 43 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous City Council 164333 142 GERTENS Landscape Materials/Supp Park Maintenance 164334 828 GRAINGER Supplies-Fire/Life/Safety Reserve 164335 639 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 164336 504 GRAPHIC SOURCE INC Operating Supplies Reserve 164337 272 GREAT RIVER PRINTING SERVICES Operating Supplies Finance 164338 356 GREATAMERICA LEASING CORP. Other Rentals General 164339 14,208 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 164340 54 GROTH MUSIC Operating Supplies Community Band 164341 31,912 HANSEN THORP PELLINEN OLSON Improvements to Land Planning&Development 164342 24,075 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 164343 2,916 HAWKINS INC Treatment Chemicals Water Treatment Plant 164344 1,534 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Water Metering 164345 128 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 164346 113 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 164347 45 HENNEPIN COUNTY TREASURER CH Robinson-Op.Supplies City Ctr-Tenant Direct Costs 164348 180 HIGHLAND BANK Other Contracted Services Police 164349 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 164350 375 HOFELD,TRICIA J Other Contracted Services Summer Theatre 164351 330 HOHENSTEINS INC Beer Prairie View Liquor Store 164352 286 HOLMES,JOHN CARTER Other Contracted Services Softball 164353 1,044 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance 164354 8,384 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 164355 47 IND SCHOOL DIST 272 Building Rental Community Band 164356 88 IND SCHOOL DIST 272 Printing Purgatory Creek Recreation Are 164357 551 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Water Treatment Plant 164358 163 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 164359 1,560 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 164360 61 ISTATE Equipment Parts Fleet Services 164361 132 JENKINS,JOEL S Other Contracted Services Softball 164362 100 JENSEN,DENELL OR JOE Refunds Environmental Education 164363 8,779 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 164365 35,086 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 164366 10 JOHNSON,TOM Program Fee Outdoor Center 164367 6 JUN,MICHELLE Program Fee Playgrounds 164368 501 KEEPERS Clothing&Uniforms Police 164369 7 KRAEMERS HARDWARE INC Repair&Maint.Supplies Storm Drainage 164370 49 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Water System Maintenance 164371 2,794 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Utility Operations-General 164372 501 LEAGUE MN CITIES INS TRUST Insurance Community Center Referendum 164373 49 LINDAHL,DAVID Tuition Reimbursement/School Organizational Services 164374 8 LINDEN,ROSE Program Fee Classes/Programs/Events 164375 140 LINDHOLM,JULIE Homeward Hills Bldg Park Facilities 164376 815 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 164377 400 LUSHINE,PEGGY E Other Contracted Services Summer Theatre 164378 400 MAECK,TOM Other Contracted Services Summer Theatre 164379 70 MAGC Miscellaneous Communication Services 164380 13,728 MARK VII Misc Taxable Prairie Village Liquor Store 164381 100 MARTIN,JILL Refunds Environmental Education 164382 349 MENARDS Small Tools Water System Maintenance 164383 4,076 MGB PRINTING SERVICES Printing Youth Programs Administration 164384 2,718 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 164385 921 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 164386 1,415 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 164387 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Distribution 164388 20 MINNESOTA RECREATION&PARK FO Dues&Subscriptions Recreation Administration 164389 42,437 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 164390 211 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation 164391 329 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 164392 70 MORAN USA,LLC Misc Taxable Den Road Liquor Store 164393 169 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund Check# Amount Vendor/Explanation Account Description Business Unit 164394 597 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 164395 4,017 NEWMECH Other Contracted Services Utility Improvement Fund 164396 50 NICKOLAI,MARLENE Refunds Environmental Education 164397 317 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 164398 36 NORTHERN TOOL Small Tools Water System Maintenance 164399 2,612 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 164400 3,203 OLYMPIC HILLS GOLF CLUB Miscellaneous Reserves 164401 726 OSI BATTERIES INC Operating Supplies Police 164402 680 PANERA BREAD Other Contracted Services Environmental Education 164403 320 PARK NICOLLET CLINIC Safety Supplies Fire 164404 15,769 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 164405 2,516 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 164406 186 PC MALL Other Hardware Information Technology 164407 15,560 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 164408 232 POMP'S TIRE SERVICE INC Tires Fleet Services 164409 28 POWERPLAN OIB Equipment Parts Fleet Services 164410 14,419 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Prairie View Liquor Store 164411 68 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 164412 494 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 164413 414 PROP United Way Withheld General Fund 164414 127 PROSOURCE ONE Chemicals Park Maintenance 164415 90 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 164416 14,924 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 164417 10 QUICKSILVER EXPRESS COURIER Postage Communication Services 164418 126 QWEST Telephone Sewer Liftstation 164419 275 RAY,LEE Other Contracted Services Softball 164420 620 REBS MARKETING Other Contracted Services Water Accounting 164421 566 REED BUSINESS INFORMATION Improvements to Land Park Acquisition&Development 164422 330 RGI PUBLICATIONS INC Advertising Den Road Liquor Store 164423 69 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 164424 378,619 RJM CONSTRUCTION INC Building Community Center Referendum 164425 17 RRT PROCESSING SOLUTIONS LLC Landscape Materials/Supp Park Maintenance 164426 9,590 SAVE-A-LOT LANDSCAPING INC Deposits Escrow 164427 180 SCHMUDLACH,RUTH Lessons&Classes Pool Lessons 164428 180 SECRETARY OF STATE Other Contracted Services Economic Development 164429 353 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 164430 740 SHAMROCK TOURS Special Event Fees Trips 164431 68,421 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Construction Fund 164432 120 SIGNATURE CONCEPTS INC. Clothing&Uniforms 2nd Sheet of Ice 164433 146 SMITH,HOLLY A. Mileage&Parking Den Road Liquor Store 164434 241 SNAP-ON TOOLS Small Tools Fleet Services 164435 1,377 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 164436 245 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof City Hall-CAM 164437 510 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 164438 2,071 SPRINT Wireless Subscription Information Technology 164439 457 SPS COMPANIES Supplies-Plumbing Community Center Maintenance 164440 173 STAAF,CARTER Operating Supplies Reserves 164441 180 STOCKSTEAD,DONNA Lessons&Classes Pool Lessons 164442 20 STOEEKER,MARY Landscape Materials/Supp Street Maintenance 164443 1,073 STREICHERS Equipment Parts Fleet Services 164444 192 SUBURBAN CHEVROLET Equipment Parts Fleet Services 164445 257 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 164446 254 SUN NEWSPAPERS Legal Notices Publishing City Clerk 164447 475 TESSMAN SEED CO Chemicals Park Maintenance 164448 19,161 THORPE DISTRIBUTING Beer Den Road Liquor Store 164449 685 THYSSENKRUPP ELEVATOR CORPORAT Maintenance Contracts Water Treatment Plant 164450 1,174 TLC CAFE&CATERING Tuition Reimbursement/School Police 164451 40 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 164452 124 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 164453 11 TUSHIE MONTGOMERY ARCHITECTS Building Den Road Building 164454 31 TWIN CITY WINDUSTRIAL CO. Operating Supplies Water Treatment Plant 164455 179 UNITED RENTALS Small Tools Street Maintenance 164456 3,520 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Park Shelters 164457 330 UNITED WAY United Way Withheld General Fund 164458 8 UPS Postage Fire Check# Amount Vendor/Explanation Account Description Business Unit 164459 26 VAN BEUSEKOM,JEREMY Tuition Reimbursement/School Fire 164460 60 VERIZON WIRELESS Wireless Subscription Information Technology 164461 662 VESSCO INC Equipment Parts Water Treatment Plant 164462 4,987 VIDEOTRONIX INC Other Assets Fire Station#4 164463 18 WESTRUM.DAWN Lessons&Classes Pool Lessons 164464 197 WICHTERMAN'S LTD Equipment Parts Fleet Services 164467 100 WOOD,DAVE Refunds Environmental Education 164468 1,897 WORK CONNECTION,THE Other Contracted Services Park Maintenance 164469 1,067 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 164470 75 WORM,SANDY Improvement Contracts CIP Trails 164471 59,151 XCEL ENERGY Electric Sewer Liftstation 164472 312 BACHMAN PRINTING General Bicycle Program 164473 1,029 LITTLE TRANSPORT PRESS General Bicycle Program 164474 2,285 WELLS FARGO BANK General Bicycle Program 164475 50 COMCAST Dues&Subscriptions City Council 164476 433 CRACAUER,CLIFF Mileage&Parking Fleet Services 164477 933 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous DWI Forfeiture 164479 1,966 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Community Center Maintenance 164481 951 PETTY CASH Mileage&Parking Water Distribution 164482 227 QWEST Telephone Crestwood Park 164483 2,745 STATE OF MINNESOTA Autos Police 164484 20 STATE OF MINNESOTA Operating Supplies Fleet Services 164485 4,000 US POSTMASTER-HOPKINS Postage Communication Services 164486 1,031 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 164487 5,458 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 164488 201,982 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 164489 501 NEW FOGEY FOLLIES Other Contracted Services Trips 164490 290 MSFDA Conference Expense Fire 164505 1,150 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 164506 113 ADOLPH KIEFER Operating Supplies Oak Point Lessons 164507 745 ADVANCED IRRIGATION INC Other Contracted Services Park Maintenance 164508 762 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 164509 15 ALTA HEATING&PLUMBING INC Cash Over/Short General Fund 164510 135 AMERICAN PRESSURE INC Other Contracted Services Water System Maintenance 164511 1,020 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 164512 179 ANCHOR PRINTING COMPANY Printing Fire 164513 16,587 ANDERSON IRON Deposits Escrow 164514 94 AUGDAHL,KRIS Other Contracted Services Summer Theatre 164515 134 BACHMANS CREDIT DEPT Grounds Maintenance Water Treatment Plant 164516 505 BATES,DON Other Contracted Services Community Band 164517 65 BATES,DON Other Contracted Services Staring Lake Concert 164518 187 BECKER,DAVE Tuition Reimbursement/School Police 164519 4,617 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 164520 100 BEND IN THE RIVER BIG BAND Other Contracted Services Staring Lake Concert 164521 1,416 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 164522 100 BESTLER,ADAM Other Contracted Services Staring Lake Concert 164523 15 BINO,CHUCK Program Fee Trips 164524 37 BOYER TRUCKS Equipment Parts Fleet Services 164525 1,493 BRENT ANDERSON CONSULTING Equipment Parts Water Metering 164526 936 BROWN TRAFFIC PRODUCTS Equipment Parts Fleet Services 164527 1,672 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 164528 507 CAMPOS,LORI Instructor Service Outdoor Center 164529 1,194 CARDIAC SCIENCE CORPORATION Operating Supplies Fire 164530 172 CATCO PARTS SERVICE Equipment Parts Fleet Services 164531 855 CELARITY INC Other Contracted Services Communication Services 164532 3,195 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 164533 3,622 CENTURYTEL Telephone Telephone 164534 10 CHAMPION PLUMBING Cash Over/Short General Fund 164535 166 CLAREYS INC Equipment Parts Fleet Services 164536 477 CONSOLIDATED CONTAINER CO LLC Operating Supplies Police 164537 1,332 CORPORATE EXPRESS Office Supplies Police 164538 502 COSTCO Operating Supplies Classes/Programs/Events 164539 6,997 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 164540 64 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 164541 9,812 DAY DISTRIBUTING Beer Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 164542 1,707 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 164543 2,732 DELL Computers Information Technology 164544 1,545 DEZURIK WATER CONTROLS Equipment Parts Water Treatment Plant 164545 26,335 DIVERSE BUILDING MAINTENANCE Cleaning Supplies City Hall-CAM 164546 100 DONAHUE,JANE Refunds Environmental Education 164547 440 DOYLE,AARON N Other Contracted Services Softball 164548 1,431 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 164549 245 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager 164550 24 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting 164551 14,569 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 164552 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 164553 320 F IRE Tuition Reimbursement/School Fire 164554 75 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services 164555 62 FIELDSTONE VINEYARDS Wine Domestic Den Road Liquor Store 164556 186 FLORIDA MICRO LLC Miscellaneous Information Technology 164557 383 FSH COMMUNICATIONS LLC Telephone Miller Park 164558 158 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 164559 263 GARTNER REFRIGERATION&MFG IN Contract Svcs-Ice Rink Ice Arena Maintenance 164560 457 GE CAPITAL Other Rentals General 164561 829 GRAINGER Cleaning Supplies Water Treatment Plant 164562 906 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 164563 16,598 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store 164564 106 HAMMERSCHMIDT,RICK Tuition Reimbursement/School Fire 164565 1,435 HANSEN THORP PELLINEN OLSON Improvements to Land Parks Referendum 164566 5 HARVEY,LYNN Program Fee Classes/Programs/Events 164567 1,041 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 164568 1,071 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 164569 232 HENRY,PAUL Other Contracted Services Softball 164570 296 HERZIG,DAVID Operating Supplies Purgatory Creek Recreation Are 164571 1,019 HEWLETT-PACKARD COMPANY Other Hardware Information Technology 164572 2,768 HOHENSTEINS INC Beer Den Road Liquor Store 164573 4,199 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund 164574 29 ICI DULUX PAINT CTRS Equipment Repair&Maint Traffic Signals 164575 107 IMAGETECH SERVICES Operating Supplies Park Maintenance 164576 82 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 164577 386 INTEREUM INC Capital Under$2,000 Furniture 164578 1,334 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 164579 12,340 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 164580 558 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 164582 28,900 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 164583 955 KEEPERS Clothing&Uniforms Police 164584 125 KRESS,CARLA Mileage&Parking Senior Center Administration 164585 178 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Sewer System Maintenance 164586 3,037 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 164587 400 LAYMON,MARY Other Contracted Services Summer Theatre 164588 20 LEE,ARLENE Landscape Materials/Supp Street Maintenance 164589 75 LEIPOLD'S OF EXCELSIOR Other Contracted Services Cummins House Special Events 164590 109 LESCO INC Landscape Materials/Supp Street Maintenance 164591 145 LIDDELL,TONY R. Tuition Reimbursement/School Fire 164592 495 LIONS TAP Operating Supplies Fire 164593 81 LOES OIL COMPANY Waste Disposal Fleet Services 164594 279 LORMAN EDUCATION SERVICES Tuition Reimbursement/School Police 164595 613 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 164596 1,289 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 164597 690 MAECK,TOM Other Contracted Services Community Band 164598 10,502 MARK VII Beer Den Road Liquor Store 164599 919 MARSHALL&SWIFT Operating Supplies Assessing 164600 1,834 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store 164601 32 MATEJCEKS Equipment Parts Fleet Services 164602 264 MCGREGOR,RANDY Other Contracted Services Softball 164603 282 MEDICINE LAKE TOURS Special Event Fees Trips 164604 395 MENARDS Repair&Maint.Supplies Storm Drainage 164605 575 MERRY BOBB MUSIC INC Other Contracted Services Staring Lake Concert 164606 1,981 METRO SALES INCORPORATED* Other Hardware Fire Station#4 164607 131 METROPOLITAN FORD Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 164608 4,515 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 164609 643 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 164610 1,769 MIDWEST PLAYSCAPES Landscape Materials/Supp Park Maintenance 164611 109 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 164612 4,474 MINNEAPOLIS AIRPORT MARRIOTT B Special Event Fees Red Hat 164613 60 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Police 164614 90 MINNESOTA BOARD OF SOCIAL WORK Miscellaneous Housing and Community Service 164615 27,984 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 164616 1,832 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 164617 980 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 164618 56 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 164619 202 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 164620 1,970 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 164621 224 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 164622 213 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 164623 480 MN STATE BOARD OF ASSESSORS Licenses&Taxes Assessing 164624 361 MSP COMMUNICATIONS Other Contracted Services Economic Development 164625 739 MTI DISTRIBUTING INC Equipment Parts Fleet Services 164626 75 NCTRC Licenses,Permits,Taxes Senior Center Administration 164627 748 NEUMANN,NEAL Other Contracted Services Softball 164628 50 NEVERDAHL,MARION Refunds Environmental Education 164629 316 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 164630 134 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 164631 1,317 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 164632 1,706 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Telephone 164633 16 O'REILLY AUTO PARTS Equipment Parts Fleet Services 164634 100 OLSON,BRIAN Refunds Environmental Education 164635 158 OLSON,ROBERT Mileage&Parking Fire 164636 74 OSI BATTERIES INC Equipment Parts Fleet Services 164637 282 PAM OIL INC Repair&Maint.Supplies Emergency Preparedness 164638 4,887 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 164639 90 PETSMART Canine Supplies Police 164640 323 PETTY CASH-POLICE DEPT Operating Supplies Police 164641 13,422 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 164642 269 POMP'S TIRE SERVICE INC Tires Fleet Services 164643 1,213 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 164644 568 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 164645 195 PROSOURCE Conference Expense Assessing 164646 1,315 PROSOURCE ONE Chemicals Park Maintenance 164647 110 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 164648 11,813 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 164649 93 QUICKSILVER EXPRESS COURIER Postage Communication Services 164650 4,149 QWEST Telephone E-911 Program 164651 61 R&H THEATRICALS Other Contracted Services Summer Theatre 164652 500 RAY,LEE Other Contracted Services Softball 164653 100 RICHTER,BRIAN E. Other Contracted Services Staring Lake Concert 164654 53 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 164655 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Staring Lake Concert 164656 950 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 164657 69 SCHERER BROTHERS LUMBER CO Landscape Materials/Supp Street Maintenance 164658 464 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store 164659 345 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 164660 108 SNAP-ON TOOLS Small Tools Fleet Services 164661 140 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 164662 525 ST CLOUD STATE UNIVERSITY Conference Expense Assessing 164663 6,710 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant 164664 100 STAN BANN MUSIC Other Contracted Services Staring Lake Concert 164665 12 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 164666 110 STEINER,SHARON Operating Supplies Senior Board 164667 1,158 STREICHERS Training Supplies Police 164668 300 STROMBERG,STEVEN SCOTT Other Contracted Services Staring Lake Concert 164669 93 SUBURBAN CHEVROLET Equipment Parts Fleet Services 164670 495 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 164671 172 SUN NEWSPAPERS Legal Notices Publishing City Clerk 164672 140 TAYLOR,SCOTT Tuition Reimbursement/School Fire Check# Amount Vendor/Explanation Account Description Business Unit 164673 15,962 THORPE DISTRIBUTING Beer Prairie View Liquor Store 164674 8,500 TKDA Design&Engineering Utility Improvement Fund 164675 1,485 TOTAL REGISTER Equipment Repair&Maint Prairie View Liquor Store 164676 320 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 164677 204 TWIN CITY SEED CO Landscape Materials/Supp Park Acquisition&Development 164678 34 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 164679 1,308 VESSCO INC Equipment Repair&Maint Water Treatment Plant 164680 98 VINO SOURCE,THE Liquor Den Road Liquor Store 164681 4,500 VIRCHOW KRAUSE&COMPANY Other Contracted Services Sewer Liftstation 164682 420 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#2 164683 21 WALSER CHRYSLER JEEP Equipment Parts Fleet Services 164684 600 WALSER,ROBERT Y Other Contracted Services Staring Lake Concert 164685 345 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 164686 1,873 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 164687 24 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 164688 1,346 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 164689 2,633 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 164690 6,229 YALE MECHANICAL INC Contract Svcs-HVAC Park Shelters 164691 199 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services 164692 100 ZHANG,WEI Refunds Environmental Education 164693 62 COMCAST General 494 Corridor Commission 164694 299 DIERCKS,KATE General 494 Corridor Commission 164695 4,045 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission 164696 637 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 164697 542 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 164698 20 INTERNET EXPOSURE INC General 494 Corridor Commission 164699 249 MADISON,MELISSA General 494 Corridor Commission 164700 2,500 MESSERLI&KRAMER General 494 Corridor Commission 164701 13,673 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 164702 89 SOLUTION BUILDERS General 494 Corridor Commission 164703 25 SOUTHWEST TRANSIT General 494 Corridor Commission 164704 128 VERIZON WIRELESS General 494 Corridor Commission 164705 84 WELLS FARGO BANK General 494 Corridor Commission 164706 270 PETTY CASH-CARLA KRESS Operating Supplies Senior Board 164707 1,468 US POSTMASTER-HOPKINS Postage Water Accounting 1,961,252 Grand Total City of Eden Prairie Council Check Summary 6/19/2007 Division Amount Division Amount General 110,872 601 Prairie Village Liquor 90,790 100 City Manager 170 602 Den Road Liquor 183,545 101 Legislative 296 603 Prairie View Liquor 100,447 104 Contingency 8,708 605 Den Road Building 436 110 City Clerk 491 701 Water Fund 96,338 111 Customer Service 4,014 702 Sewer Fund 24,256 112 Human Resources 8 703 Storm Drainage Fund 12,230 113 Communication Services 5,634 802 494 Commuter Services 25,978 114 Benefits&Training 96 803 Escrow Fund 26,177 116 Facilities 31,512 807 Benefits Fund 492,526 117 City Center 20,217 810 Workers Comp Insurance 30 130 Assessing 2,124 131 Finance 345 Report Totals 1,961,252 132 Social Services 111 133 Planning 240 135 Information Technology 9,918 136 Public Safety Communications 20 137 Economic Development 625 150 Park Administration 93 151 Park Maintenance 17,630 153 Organized Athletics 2,877 154 Community Center 3,914 156 Youth Programs 1,564 157 Special Events 384 158 Adult Recreation 7,076 159 Recreation Administration 971 160 Therapeutic Recreation 0 161 Oak Point Pool 8,731 162 Arts 5,395 163 Outdoor Center 3,488 164 Park Rental Facilities 628 180 Police 14,523 183 Emergency Preparedness 11,305 184 Fire 5,014 200 Engineering 87 201 Street Maintenance 8,366 202 Street Lighting 60,823 203 Fleet Services 36,989 204 Equipment Revolving 2,683 301 CDBG 35 304 Senior Board 231 308 E-911 1,522 309 DWI Forfeiture 933 314 Liquor Compliance 562 315 Economic Development 4,199 502 Park Development 2,842 503 Utility Improvement 78,365 506 Improvment Bonds 1996 1,980 509 CIP Fund 6,655 511 Construction Fund 9,116 512 CIP Trails 75 515 Fire Station#4 6,965 519 Community Center Referendum 360,943 520 Parks Referendum 5,030 521 Trails Referendum 22,483 523 3rd Sheet of Ice 18,619 CITY COUNCIL AGENDA DATE: SECTION: Appointments June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5702 ITEM NO.: XIII.A. Randy Newton Appointments to the Community Public Works/Engineering Advisory Committee for the Southwest Transitway Requested Action Move to: Approve appointment of , , and as Members to the Community Advisory Committee for the Southwest Transitway. Synopsis The Hennepin County Regional Railroad Authority(HCRRA) is forming a Community Advisory Committee (CAC)to participate in and provide community feedback during the Southwest Transitway Draft Environmental Impact Statement(DEIS). The HCRRA is requesting the City designate six (6) members to the Community Advisory Committee. Background The HCCRA is beginning work on the Southwest Transitway DEIS. The DEIS will build on the recently completed Alternatives Analysis Study which recommended three light rail transit (LRT)routes for further study. The DEIS is expected to identify a single route as the Locally Preferred Alternative and is anticipated to take approximately two years to complete. The HCCRA is establishing the CAC to help increase the level of community involvement and participation in the DEIS process. The purpose of the Southwest Transitway CAC is to provide an open forum for discussion of community issues, provide a forum for educating the community on the potential benefits/impacts and potential mitigation measures associated with LRT implementation, and finally to provide guidance to the Southwest Transitway Policy Advisory Committee (PAC) as they conduct the DEIS. The Southwest Transitway CAC is expected to meet bi-monthly on the fourth Wednesday of that month from 6:30 to 8:00 PM at St. Louis Park City Hall. The first meeting of the CAC is tentatively scheduled for July 25tn The total membership to the CAC is expected to be 25 with the City of Eden Prairie being designated six (6) representatives. The number of representatives is based on the proposed station locations in each City. Although the City has discretion in selecting its representatives the HCRRA has indicated that they would like to have representation for each station area. In selecting appointments to the CAC staff provides the following general suggestions for representation: • City West Parkway or United Health Group Business Representative • Golden Triangle Area Business Representative (or employee) • Major Center Area Resident • Southwest Metro Commuter • Technology Drive (Eaton)Business Representative or at-large resident • Resident from neighborhood adjacent to HCRRA Corridor • At-large Resident/Eden Prairie Planning Board Member At this time, Denny Spalla with UHG is the only person to express interest to staff to serve on the Committee. The attached draft letter from Hennepin County and its associated attachments provide additional information on the CAC. Attachments Draft Letter from Hennepin County June 4, 2007 Name Organization Address City, State, Zipcode RE: Formation of the Southwest Transitway Community Advisory Committee Dear • The Hennepin County Regional Railroad Authority (HCRRA) in partnership with the cities of Eden Prairie, Edina, Minnetonka, Hopkins, St. Louis Park, and Minneapolis, recently completed an Alternatives Analysis (AA) for the proposed Southwest Transitway. The AA resulted in a recommendation to conduct a Draft Environmental Impact Statement (DEIS) for three candidate light rail transit (LRT) routes in order to narrow them to one route, which would be identified as the Locally Preferred Alternative (LPA) and would pursue federal funding. As we move into the DEIS process, we want to increase the level of community involvement and participation. To do this, a Southwest Transitway Community Advisory Committee (CAC) is being established The purpose of the Southwest Transitway CAC is to provide an open forum for discussion of community issues, provide a forum for educating the community on the potential benefits/impacts and potential mitigation measures associated with LRT implementation, and finally to provide guidance to the Southwest Transitway Policy Advisory Committee (PAC) as they conduct the DEIS process and narrow the LRT routes to a preferred route. To form the Southwest Transitway CAC, I am asking that you appoint X representative(s) to serve. The Southwest Transitway CAC is expected to meet bi-monthly throughout the DEIS process, which is estimated to be conducted in two years. Please see the attached Southwest Transitway CAC Charter and Membership for more details. The first Southwest Transitway CAC meeting is tentatively scheduled for Wednesday, July 25th from 6:30 to 8:00 PM at the St. Louis Park City Hall. Please forward the contact information for your Southwest Transitway CAC members to Katie Walker at Katie.walker@co.hennepin.mn.us or 612.348-2190. Thank you in advance for helping to assemble this important committee. I look forward to continuing to work with you and your community as we develop the Southwest LRT line, which will be a significant asset to our community and the region. Sincerely, Commissioner Gail Dorfman Chair, Southwest Transitway Policy Advisory Committee (PAC) CC: Southwest Transitway Policy Advisory Committee (PAC) Southwest Transitway Technical Advisory Committee (TAC) Enclosures: Southwest Transitway CAC Charter Southwest Transitway CAC Membership Southwest Transitway CAC Agenda Southwest Transitway Newsletter #4 Southwest Transitway Community Advisory Committee Charter Definition A representative group of stakeholdersthat meet regularily to discussisqiesof common concern. Purpose • To promote community involvement in the Southwest LRTproject. • To provide guidance to the consultant team, the Southwest Technical and Policy Advisory Committees regard ing community issues. Process/Actions Given the CAC's purpose asan open forum for education and discussion, it is assumed that most deliberationswill be consensus-based. Voting will be limited Reporting Relationship The Southwest Transitway CAC formally reportsto the Southwest Policy Advisory Committee (PAC), but shares information with the Southwest Technical Advisory Committee (TAC) and the Project Management Team (PMT). The Southwest Transiway CAC will provide the Southwest Transitway PAC with a report of their activitiesat each quarterly Southwest Transitway PAC meeting. Membership (25) 1 representative for each proposed station location along the LRT1A, LRT3A, and LRT3C routes. Member Role/Responsibilities • Attending the bi-monthly CAC meeting • Contributing to the discussion of issiesand concerns • Listening to and respecting the viewpointsof others • Participating in the development of solutions • Accepting the outcome of difficult decisions • Providing periodic updatesto their respective neighborhood association or city council Meeting Facilitation/Organization An objective, trained facilitator will be provided to chair in running meetings. Staff to schedule meetings, take minutes, and mailingswill be provided. Meetings The Southwest Transitway CAC will meet approximately bi-monthly on the fourth Wednesday of that month from 6:30 to 8:00 PM at the St. Louis Park City Hall. Southwest Transitway CAC Membership City Members Station Location Represented 5 LRT1 routing Eden Prairie 1H 5/Mitchell Rd. LRT3 routing Southwest Eden Prairie Town Center Golden Triangle City West Minnetonka 4 LRT1 routing 1H 62 Rowland Road LRT3 routing Shady Oak Rd. Opus Hopkins 3 LRT1& 3 routing Shady Oak Rd. Downtown Hopkins Blake Rd. St. Louis Park 3 LRT1 & 3 routing Louisiana Wooddale Beltline Edina 1 LRT1 & 3 routing At-la rg e/W.La ke/Be ltine Minneapolis LRTA • CIDNA 1 West Lake • Kenwood Isles 1 21st • Bryn Mawr 1 Penn • Bani-rt Creek ROC 1 Van White • North Loop 1 Royalston LRTC • East Isles 1 Hennepin • Whittier 1 Lynda le • StevensSquare 1 Franklin • Downtown 1 Downtown Stations Council TOTAL 25 Southwest Transitway Community Advisory Committee (CAC) Wednesday, July 25, 2007, 6:30 to 8:00 PM St. Louis Park City Hall, Community Room Tentative Agenda I. Welcome, Introductions& Agenda Review 6:30 to 6:45 PM (Facilitator) II. Southwest Transitway CAC 6:45 to 7:00 PM • Purpose • Role/Responsibilities • Charter (Approval) III. Update from Southwest Transitway Study Manager 7:00 to 7:30 PM (Katie Walker, Study Manager) IV. Recap of Discussion/Itemsto Forward to PMT& PAC 7:30 to 7:45 PM (Facilitator) VI. Open Forum for Non-members 7:45 to 8:00 PM (Facilitator) II Hennepin County D Regional S— Railroad CL Authority (HCRRA) 03 -I-) •[ r roC6r11 ii i r Porfrmin) . f Y! U) Technical Citizen Advisory Advisory Committee Committee 0 (Sw TAC) (SIN CAC) VJ � CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A.1. Draft Airport Resolution Sherry Butcher, Council Member Requested Action Move to: Adopt Resolution affirming City Council support for the 2002 Final Agreement and Memorandum of Understanding between the City of Eden Prairie and the Metropolitan Airports Commission concerning Flying Cloud Airport. Synopsis Council Member Butcher presented the attached draft resolution for discussion at the June 11, 2007, Special Airport Workshop. She asked that the draft Resolution be presented for Council consideration at this meeting. Attachments Draft Resolution DRAFT 111 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA AFFIRMING ITS SUPPORT FOR THE 2002 FINAL AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EDEN PRAIRIE AND THE METROPOLITAN AIRPORTS COMMISSION CONCERNING FLYING CLOUD AIRPORT. WHEREAS, the City Council has received expressions of concerns from its citizens concerning the City Council's position on the future development of Flying Cloud Airport; and, WHEREAS, the City Council and the Metropolitan Airports Commission entered into an agreement on December 17, 2002 called the 2002 Final Agreement and Memorandum of Understanding Between the City of Eden Prairie and the Metropolitan Airports Commission Concerning the Future of Flying Cloud Airport; and, WHEREAS, the City Council's adoption of the Final Agreement and MOU created a neutral stance on airport expansion and development for the City; and, WHEREAS, the City Council wishes to pledge its public support for the Final Agreement and Memorandum of Understanding. NOW, THEREFORE, MAY IT BE RESOLVED THAT: The City Council hereby affirms its support for the 2002 Final Agreement and Memorandum of Understanding and directs City staff to ensure that the City is receiving all benefits pledged to it in the agreement by MAC and that all City commitment to MAC in the agreement are fully implemented. BE IT FURTHER RESOLVED THAT: The City Council agrees that the City will not act to encourage or support development at Flying Cloud Airport, except for developments which are necessary, in the view of the City Council, to sustain public safety or to remedy an immediate threat to public health. PASSED and APPROVED by the Eden Prairie City Council on , 2007. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 07- RESOLUTION AFFIRMING CITY'S SUPPORT FOR THE FINAL AGREEMENT CONCERNING FLYING CLOUD AIRPORT (FINAL AGREEMENT) AND THE MEMORANDUM OF UNDERSTANDING CONCERNING COOPERATIVE SOLUTIONS TO INFRASTRUCTURE, RIGHT-OF-WAY/EASEMENTS AND PARK NEEDS (MEMORANDUM OF UNDERSTANDING), BOTH BETWEEN THE CITY OF EDEN PRAIRIE AND THE METROPOLITAN AIRPORTS COMMISSION WHEREAS, the City Council has received expressions of concerns from its citizens concerning the City Council's position on the future development of Flying Cloud Airport; and, WHEREAS, on December 17, 2002 the City Council and the Metropolitan Airports Commission entered into the Final Agreement and the Memorandum of Understanding; and, WHEREAS, the City Council's adoption of the.Final Agreement created a neutral stance on airport expansion by withdrawing the City's opposition to the expansion of the airport and; and, WHEREAS, the City Council wishes to pledge its public support for the Final Agreement and the Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL, THAT: The City Council hereby affirms its support for the Final Agreement and the Memorandum of Understanding and directs City staff to ensure that the City is receiving all benefits pledged to it in the Final Agreement and the Memorandum of Understanding by MAC and that all City commitment to MAC in the agreements are fully implemented. BE IT FURTHER RESOLVED THAT: The City will not act to encourage or support development at Flying Cloud Airport, provided however this does not limit, impair or affect the power, right and obligation of the City and the City Council to consider and pass upon such matters as are required or authorized by law and to take action to provide for the government and good order of the city, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare. ADOPTED by the Eden Prairie City Council on _, 2007. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk A UESO1 UTION BY TR CITY C COUNIL T OF I-I E - ._.. ...._ l. __.. : CITY OF EDEN PRAIRIE 1.Formatted: matted:Font:Not Bold HENNEPIN COUNTY,MINNESOTA - I Formatted:Font:Not Bold RESOLUTION NO.07- RESOLUTION AFFIRMING ITSCITY'S SUPPORT FOR THE 2002 FINAL • I Formatted:Centered AGREEMENT CONCERNING PLYING CLOUD AIRPORT(FINAL AGRLI::MEN'T) AND THE MEMORANDUM OF UNDERSTANDING CONCERNING COOPERATIVE SOLLITIONS TO INFRASTRUCTURE,RIGHT-OF- WAY/EASEMEN'IS AND PARK NEEDS(MEMORANDUM OF UNDERSTANDING),BOTH BETWEEN THE CITY OF EDEN PRAIRIE AND THE METROPOLITAN AIRPORTS COMMISSION CONCFRNING El 'LNG CL.OLD WHEREAS, the City Council has received expressions of concerns from its citizens- I Formatted:Justified concerning the City Council's position on the future development of Flying Cloud Airport;and, WHEREAS, on December 17, 2002'the City Council and the Metropolitan Airports Commission entered into an agreement on December 17, 2002 called-the 2002 Final Agreement and the Memorandum of Understanding Between the City of Eden Prairie; and Airport;and, y y WHEREAS, the City-Council's adoption of the Final Agreement and MOU created a neutral stance on airport expansion by withdrawing the City's opposition tattle expansion-of the Cityairport and;and, WHEREAS,the City Council wishes to pledge its public support for the Final Agreement and the Memorandum of Understanding. NOW, THEREFORE, MAY BE IT BE—RESOLVED BY THE EDEN PRAIRIE CITY• - {Formatted:Justified COUNCIL THAT: The City Council hereby affirms its support for the 2002 Final Agreement and the•-----{Formatted:Justified,Indent:First line: 0.5" Memorandum of Understanding and directs City staff to ensure that the City is receiving all benefits pledged to it in the agreement Final Agreement and the Memorandum of Understanding by MAC and that all City commitment to MAC in the agreementagreements are fully implemented. Formatted:Justified BE IT FURTHER RESOLVED THAT: The City Council agrees that the City will not act to encourage or support— f Formatted:Justified,Indent:First line: 0.5" development at Flying Cloud Airport, except for developments which are necessary, in the viewprovided_however this does not limit, impair or affect the power right and obligation of the City and the City Council;to sueetaiiie--satyr_consider and pass upon such matters as ate required or authorized by law and to , threattal.e action to pnb heprovide for the government and good order of the city, the suppression of vice and immorality,the prevention of crime,the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health,safety,order,convenience,and the general welfare. PASSED and APPROVED ADOPTED by the Eden Prairie City Council on ,2007. Phil Young,Mayor (Seal) ATTEST: Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2. Submittal of a project for inclusion in the 2008 Scott H. Neal, City Manager State Bonding Bill Requested Action Move to: Authorize staff to prepare and submit a public project to the State for consideration for inclusion in the 2008 State Bonding Bill and to authorize a consulting agreement with Brauer& Associates for not more than $40,000 to assist in the preparation of the submission document. Synopsis I am proposing the City submit a request for funds from the proposed 2008 State Bonding Bill for a major renovation and improvement project at Camp Eden Wood. In order for a project to be considered for the State Bonding Bill, it must meet four constitutional tests: 1. The project for which the bonds are to be issued must be publicly owned 2. The project must be a capital expenditure 3. The project must be a public purpose 4. The purpose for which the bonds are to be issued must be clearly set forth in the law The project includes the removal of existing buildings; the construction of new two new dormitory buildings; renovation of the old Dining Hall; general landscaping improvements; and the addition of an office/interpretive center. The completed project would continue to be owned by the City and leased to Friendship Ventures for its current use. The bonding bill funds would fund the proposed capital improvements of this project. The project would serve the developmental, educational and recreational needs of disabled citizens, which is a public purpose in Minnesota. Finally, the public funding of programs for developmentally disabled citizens is clearly set forth in Minnesota State Statutes. I have discussed the concept for this project with Friendship Ventures. They are interested in working with the City on the design of the project and the submission of the bonding bill proposal. The State has established an initial deadline of June 25 for the submission of potential 2008 bonding bill projects. The initial submission must be authorized by the local government hosting project,but the project does not need to be completely developed at the time of the initial submission. I am requesting the Council to grant staff the authorization to prepare an initial submission in order to make the June 25 deadline and to prepare a more detailed plan, including any financial commitments required for this project, for Council review in August. CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.1 Community Development: Town Center Design Guidelines and Janet Jeremiah Ordinance Update Requested Action No action required. Synopsis The Town Center Guidelines and Zoning Ordinance are intended to implement the Major Center Area Study land use and planning principles. Background Information The Major Center Area(MCA) Study was adopted by the City Council on January 17, 2006 as an advisory tool. One of the principal recommendations of the study reflected the community's interest in a compact,walkable town center west of Flying Cloud Drive between Technology Drive and Regional Center Road. On August 15, 2006, the City Council amended the Comprehensive Plan to add the town center as a new land use description and to reference its location on the map. Text was also added referencing the MCA Study and the city's interest in higher-density mixed use redevelopment in this area. However, the underlying land use guiding and zoning remained in effect. During a Comprehensive Planning workshop with the Planning Commission on July 18, 2006, the City Council expressed an interest in adopting more prescriptive regulations for the town center while retaining more flexibility in the remainder of the MCA. On November 2, 2006, the Council approved a contract with HKGI and BKV Group to develop town center design guidelines and a mixed use zoning ordinance for the town center area. Over the past seven months, the consultants have been working with staff and the Planning Commission to complete the guidelines and ordinance. The consultant team developed a visual preference survey for the Planning Commission to provide valuable feedback about desirable development patterns, streetscapes, signage, lighting, and building aesthetics. On May 22, 2007, the consultants presented a draft of the guidelines and ordinance to the Planning Commission and received additional feedback. Greg Ingraham from HKGI and Bill Baxley from BKV will be available during the June 19th meeting to present the draft guidelines and ordinance. They will update the Council regarding outstanding issues and request any Council comments prior to initiating the formal review process. Crr / EDEN PRAIRIE Ai [Town Center Design Guidelines and Zoning District Ordinance C flY Co UNC IL UPDATE 06 . 19 . 2007 HK BKV _"°' Planning & nesigning EP' sTown CV illp la ns, principles & p o lic ie s ill • u . EP Major Center _ 1 Area Study: . , — • -- 4 ', • Framework Plan �`r -. Planning Principles �5. - ' :. f �_ I ,„., ` t Comprehensive �, Guide Pla n - -,f-94 • July 2006 Amend ment ay ► , I' • added Town Center as , — :' a `Y� a Land Use Category . w. .' a -; • 2008 Comp Plan Update will amend - ` Land Use Guide Plan 0 - _ mapand policies ::4. � ;:5 ;.z,..2wirw\: ,,, ,tin =-.�' _..` •.i: :t'_'�►, EDEN PRAIRIE IJ'Y f IDE PIAIRIE Process VII • MCA Study — Town Center Principles • Planning Commission and Staff Direction • Visual Preference airvey - Design Character 4 • Review Sessions Guidelines — Anal Draft . Next Step : Adoption Process Ordinance — Draft prepared . Refine parking and iv density Next : Final Draft I (or!I Dr 1 1 e tStep a a � Tonight: City Council Review Before Next Steps io EDEN PRAIRIE J i /I DE NPIA[FIL' Planningesigning& -) Fri Eown ' : 411 Two Tools: guidelines & regulations ri fro" 77,, ,,..... . ....,,.....,... . elaPOW:Rai. . L I rzri",:r.4" ■ rilumplir Mar, ■ NA' I =4=-41 Guidelines: • • -- - -1111= Town Center ._ $• i I•, . r741Z. t . ai . e. � Y ti . Design Guidelines • IF Regulations: I Town Center • Zoning District ' I . i Ordinance f� #�I-Jiro - '� �` (111' I - I . lip / - I • k . ijai EDEN PRAIRIE ITi DEN. PIA[RIE Planning & DesigningEP' sTown Town Center aib -districts - , ,. o" I ____. , , I . ,_ ._. F }�. The design g u i d e l i n - s -;. - •-4 , and zoning district ecno0! ' ' `�r - - ordinance will address ' fake h��ew�+d three sub -districts ' cwithin Town Center 1 Ar. . 1 r A . Vertical Mixed -Use '5.4 ik a I . ,/ B. C o m m e rc is _ _ _._, , ,-2:, '0 . 1 4 C . Residential 1 , I 1 1 if no Mixed District 7 '-- - _ _ _•__. I lap ommer ialDistri t Residential District tli;ft, E D E N PRAIRIE 'i EEE N PRAIRIE TownCenterDesignGuidelines . . . ,40 c ; velo g sI�, t uidelAineplace -specific p _ . . dial. t Cr EDEN I T TE i .,..n 4 J Y I. 1111 1 lill i - r h__i _Hilla9,41 rIM 1 H I ISI I I , 4-1 ,4.1 ...,. . . 11. .• 0 Auk . ire. '14 - • . . t:P ji. - I 4414m. ..ft ..„,„,,: . 1 IF ' ...- 411E. ,,k y ■ S {Ili& ^NA—E - b JAIL i ..1 iiiiL . iv r L. E NI ] I k D I . 1 1 s i 1.' I 11 L I. I N I. y Oirdr.4.k ef1 fI' 11 Draft .1, EEI1 �1"B ;V PRAIRIE I rliT\ I EDEN PRAIRIE rTY8/ EDEN RA'RIE f ri u i e " Ie VII To guide the physical form and characterof new development in the Town Center District . - - Guidelines use should "encourage ", z "promote - language . - Advisory to allow design flexibility. - &ibstantial compliance with guid elines will be required in the Town CenterZoning District. k_ - i �I I 1 1 - Mix of goals, guidelinesand images. i ?II I io EDEN PRAIRIE ITei DiEN PIA[RIE elines 1 . Introduction 2. Public Systems =-_ A . Circulation Systems v B. Public Pa rkin g C . S reetscapesand Plazas D. 3gnage E Sormwater Management F. Utilities - 3. Mixed Use ab District Guidelines I (or! �I 1 4. Commercial Sub -District Guidelines 5. Residential at -District Guidelines I io EDEN PRAIRIE J1� � DE NPIA[FIL' Sreetscapesand p IMO C. Streetscapes and Plazas , A._ �� `� T 1: 1 ii, .L. 7,,,;., . :., 111 ,. ,...). ,,, ki ,,,r-Ti 0,. ..,.,;!: ,i 1 II Goal I 1 't, t To promote the design of public streetscapes and plazas ! ',""- '� _ It/ that will foster active,comfortable and pleasant places for i' ��,� a 3I'I �_,. I � ' 1 - _ - edestrian movement and community gathering. -, y+ '� F �' s , A 1' Y g g # �` � i. . . o Guidelines � A. - r ; , sr . . . ii•v/. t a. Provide continuous sidewalks along all streets with safe -_ "' pedestrian crossings at each corner; combine and limit . 1, y '1i, f • curb cuts that interrupt the sidewalk. ` A ;k it I.+ !Inl!n _ b. Provide adequate space for pedestrian movement, Figure X.Active sidewalks Figure X streetsrape character • 1 streetscape amenities and the space to accommodate outdoor dining. c Streetscape amenities(plantings,furnishings,fighting and 1 , 7 signage) should occupy consistent, well defined zones behind the curb and parallel to the pedestrian zone. d. Provide a variety of types and sizes of public spaces within I I the Town Center for public gathering and communityiMk fir\ .L A y- events- I rao '11 gE e. Encourage small outdoor gathering spaces adjacent to _ - _ sidewalks. particularly near restaurants, cafes and other - ,�■■ti6 5r V ' :. small businesses is ,_• • � _ f All public spaces should be designed to encourage use. 1N. ' i 0.1 e o Characteristics that encourage frequent use include easy ` - access location on a pedestrian corridor, safety and '- visibility, sunny exposure, and locations near building - ��'�� ' . entries. ' I g Provide adequate levels of shade tree planting and public ' i,+i k ^' . seating to provide comfort and ensure the space is — 1 ram ,.'I I -- - utilized r II__ h. Discourage the development of surface lot and/or 1 -- - structured parking adjacent to the streetscape. If it is .— necessary to develop parking adjacent to the streetscape, .'— require ornamental fencing and plantings to screen pa tiring -- ., _- areas from street views, i Define outdoor designated outdoor dining spaces to till ,. o- balance seating space with pedestrian space. C11Y Q.F EDEN PRAIRIE • TOWN CENTER DESIGN CUIDELINES PUb�IC$}5tsns // Page 15 lall ED EN PRAIRIE 'i f EDE PRAIRIE IIIIINP 111 r,4 ,.: echn .. ....,,�. are e t cross-sections ake.dfew,la ; 1 d4P f CP,r^O S , �0 j §(1Ki:- types: , I off+e / 0 Singletree Ln(A) •Singletree Ln(8) • 1 North/South"Main St." ft../ - 0 Commercial) _ 0commercial{EBJ - P. +s._ .�f2esidentiallLocal Street v � t North/South Main Street • ek , r II '711 • (' r-'i - .: 4,,., I rill...p..1Z'....le - ,,.. - - - , • Ar4, • 41 Ill.(' '1 — s • Y 1_T, II i w. ��I _:� L .�. - j a i...6 HZ 1 (1111 I 1 1 _ Parking Bike Travel Travel Bice Parking Sidewalk Bay Lane Lane Lane Lane Bay Sidewalk / zo'-o•' e'-o" / 5'-0" n'—o" ti'—o" s'—o" / 8'-0" 20-0" / Roadway / 34'-0" / Right of Way / 90'-0" / I lali ED EN PRAIRIE CITY ? EDEN PRAIRIE 111111w— Y•,4 ,.: .00.., ...i,l. _ .♦ . �t . . . . St re e t C ro ss-se C t i o n s •. - Lake Idlewild ; E101 d'P t alrGA types: 0 I / 0 Singletree Ln(A) E i • •Singletree Ln(B) 1 • North/South"Main St." �../ - 0Commercial _ _ _ 0commercial. B' m. s,— •Residentialkocal Street I 'id." t v � --+: - t Commercial Street (Type A) II ' I. i Q i +r . % „.„„,,v,.,tio • iitr . . . . 1L-h i_ -.. ,.< �`��■ ■■fir Tree Parking Travel Travel Parking Tree I Sidewalk Planting Lane Lane Lane Lane Planting SidewalkI!P [ / s'-o" 10'-0" / 8'-0" 12.-0" 12'-0" 8'-0" / 1C-0" Es.-o" / — -_ — 2'-0" 2'-0" Roadway Splash/ 40,-0" Splash 1 Right of Way / 80'-0" / tlii‘ I CITYN E DE PRAIRIE ED EN PR A IR IE TOWN CENTER MIXED USE DESIGN GUIDELINES AND ORDINANCES m I NI E . 0 r 11111 eGhna,. ....e�. .4♦ . �t St re e t cross-sections ake.dfew,la ; i _low d4P f CP,r^O S '1 •• j FIX- types: , I Off,e ; 0 Singletree Ln(A) : ' •Singletree Ln(8) • E North/South"Main St." ��/ - 0 Commercial) _ 11.1 OCommercial{EBJ ► f s,— A•f2esidentiallLocal Street lia-, t v � Singletree Lane (Type A) Near, • . 4n_ T - ._ - -*a '4.. _1.7 - _if Ail ' _ --, .... . - ,, lir "' ' ' . 1 i $ . . et � t k `-�1',A !'1�l41 . I , � ! 11 :b J _ . (dill i�L J 1 L ■ice Tree Travel I Travel Turn Lane/ Travel Travel Tree I _ -- - Sidewalk Planting Lane Lane Median Lane Lane Planting Sidewalk 8'-0" 6'-0" / 12.-6" 12.-6" / 17-0" / 12.-6" 12.-6" 16'-0" 8'-0" - 1' MIN 1' MEN / 67'-0" / Roadway / 97'-0" / Nr r Right of Way ill N lei CITY E E fPRAIRIE DEN PRAIRIE TOWS C�.V I > n LJCJ1lTIv ��il�EL�,.> �I�>J rcUINANCES m I � NI E : 43 r r',-, rfk echna...,:...,„. _ ..♦ �t St re e t C ro ss-se C t I O n S • . . Lake ltllewild ; Orja lee cP,rP o §i11Fp-L types: I / 0 Singletree Ln(A) i 4,1 •Singletree Ln(8) 1 • •North/South"Main St." ��i • O Commercial 0 _— 0 0 mereial all� L.Gal Street .— C. 4 .—ial. t v � Singletree Lane (Type B) F I VIA li 1 �s"�.14424211400, - . �lefry r • t ''' ft\ 1 L. 4 ;, Travel Travel Turn Lane/ Travel Travel Sidewalk Lane Lane Median Lane Lane Sidewalk 1 rlirl I / 15'-0` / 12'-6" 12'-6" / 17-0" / 12'-8* 12'-6* / t5'-0' / Roadway ,r 67'-a" / I Right of Way / 97-0" / refo- Nrilo I le EDEN PRAIRIE IJ'YefEDEN PRAIRIE IlP e--:, . eChna. ....i,�. ..♦ ...t St re e t c ro ss-se c t io n s Lake hdlead1011 E • a,,P t §ilirGiA types: , I 01 0 Singletree Ln(A) E •Singletree Ln(8) j • North/South"Main St." ��� - 0 Commercial . _ OCommereial{EBJ •Residenti kocal Street +s.- ILocal/Residential Street I 1 . .ial. t ,,. Li - t 1. 1EIII o f 14,4,„, :_41111611.-..1,;.4,::::::- 1111111 \,,.._ city,„ 4a_444_, <A, ..- �L■rrr. . Aindi i-J Tree Parking i Travel I Travel i I Tree I + I Sidewalk Planting Lane Lane Lane Planting Sidewalk .� -_ - -6'to 8'f 8'-0' 8'-0" 11'-0* 11'-0" 8'-0" / B'-0" 6 to 8'- Splas Roadway Splash 38'-0' /' Right of Way 70'to74' al' till;f1P"11 g I'I E E fPRAIRIE ED EN PRAIRIE TOWN CENTER MIXED USE DESIGN GUIDELINES AND C RDINANCES m I � NI E . 0 r �i Utilities — Po � nesy - T- -- -.. .. °ter , ..,....„ 4.re tr. Options- 1 . Bury / '. - „4... _ 4'•___t„. 2. Relocate - • _ _ f.-ar / '/ - f ,11-0. 3. Enhance aesthetics: monopole .' i + Mitigate/ b uffe-r: > - Building placement , - Viewshed treatment 1. - Bufferwith parking 4 structure/ loading ,,,; $$ t; ,', *Jr . „ yI r ° r 3a r� :r ' L , G o.L❑ a. 5. •• D erg§ .y , -. ) Nill.- _ i _ .t- ( -- ''' . .."!:' I' ' -.2'.. I:IticR'.- ' :'...4:11,r544 -• !: — ,3,--. (11 IILI x, 1 4 _ _-- - r , \ . ore ED EN PR A I R I E TOWN CENTER MIXED USE DESi�iN Uu1DELINES AND ORDINANCES m i . I 4". Cornponentsofaib - District r A GuideIines -��.� ,, ,s,,_ • A . Site Development - 7F4, , i B. Buildings $• 1 C . Parking and Service Areas imi: ' , D . Sgnage 1 1 1 1 • Imagesrepresent Planning Commission 's preferences 'i, asidentified in visual preference survey. illitcm•P' ` EDEN PR A I R /E EK \iixEu U SiGN GUIDELINE ti AND ORDINANCES Crrr DEN PRAIRIE w l .ixe d - Use q I h - Distric t , .. .T.H.5 , OaI ` lakeMkvrBd Site development in the Mixed -Use District should create a i W.:compact, vertically mixed -use urban center, consistent with , 's ; ; _ o ; r Lana I`--- the character, scale and feel of traditional urban villages. r iuid sine igf =7 a . Require vertical integration of uses , k,R„,! . ., op 1 ii within buildingswith ground level - � v1`1l 1 usesthat promote pedestrian 1 � 1' tt k 11 a c tivit y a n d interest. I ll iip b . Compact buildings, mixing - �_ , , , h residential usesover round level L -I `` ` shopsshould include continuous ;,.. built edgesthat relate directly to the street and sidewalk. . -,4--471*.,---- ,,,, 1 (IT I 1 1 c . Buildingsshould present a unified spa ��,.lo::.., lit 11 . ' scale and characterto reinforce og;:,, c - iii 1 se the sen of a complete place and ., w ip: identifiable district emphasizing the rya l!' p g I sense of an urban village. - iiti — EDEN PRAIRIE Cri-vf EDEi PRAIRIE Buildings: scale and mass :.• vp. ..0., B. Buildings o thersri ► Architectural treatment of windows and doors Goal • It is not the intent of these guidelines to impose a lb. Detailing of facades;use of pilasters,banding of particular style or styles upon new development or masonry,stone bases and others = construction within the town center district. The ► Similar or complementary building materials ` ➢ A guidelines have been developed to encourage creativity P. Similar or complementary use of color on A. . - I ,li and diversity of design and construction in a controlled I i.!.°_ facades and in signage ,• way that promotes the creation of distinctive features not d. Exteriorbuildingdesign that leads to the overall appearance Figure X:Varied architectural design within a now repeated elsewhere within the community. These ,f distinctive features and characteristics will contribute to of multiple structures, storefronts, and tenants is complementarypal/eta ` _ t encouraged.Building facade width should not exceed the the character of the town center and establish its identity greater of 24 feet or the building height without some form within the community. of facade articulation that visually breaks the building into • I • smaller parts. I. ICY .; 6 a sy y W , -�. 1. Building Scale and Mass e. Multi-tenant buildings located along public street frontages ` �°t, itlk'tit�n� %; I should not exceed 200 feet in length without a break to _� Mw 4.'.' !� I Goal allow pedestrian access between the front(street)and rear (parking)sides of the building. II y �'�' To establish base parameters for building proportioning , both vertically and horizontally. The mixed use district ''8 will require a building bulk reduction above four floors \,AlktfV040/0.: .. : .zit�'in height as well as establishing facade articulation for ,, „ d ,¢. the ground floor resulting in a balance of surface and _ "I . x� openings. Iipt 'a ; tOkilIi*ViSft116— Guidelines 9L a. For building structures located along street frontages, Iis _I*, , � buildings should maintain a modest scale, with a multi- L I 111!II It (III I function or facade expression preferred over a single-story € structure. . 0 .: b. Architectural detailing should contribute to the multi-story ' 1 I t R a ,..4,f expression,and to achieving the sense of relatively small , , „ scale for these structures. • .-. , , I l . fan l! 1 c. All building structures should conform in some way with _ other existing structures in the immediate vicinity.This can be accomplished through the repetitive use of: O. Canopies,roof forms,columns,recesses,and CITY Dif EDEN PRAIRIE • TOWN CENTER DESIGN GUIDELINES Mixed-Use District Page 23 EDEN PRAIRIE Crry n� EDEN PRAIRIE Buildings: formandfacacie ,.. To seta framework and encourage design diversity in building ri I componentsasmaterials, fenestration , and building form come 01 together to establish a unique town center identity. -- �} . Ai f4 1 1 i I ii'rriTL ' 'r.rr‘ k 11 r Ili e trig,,,, A riilli ----.:- ----__ ,,,,,...„, ._ . 1- 1 ai1uiW TIlI IL(f •i,. ". L L :91"dam L1 — — pz,, , -= --,. an # IV - 'El _ ,J R :. i 1. t` —# -?' , lir I 4 1 ' �.,. S. - r,,,� - w 1 ., —a r-.z,,... �.ate� e+ . ^F,•.-�^�•. .r:-- *rr - _ �j c • l- - . - 1 1, Ill I i N 9... I L . - Alli' a EDEN PR A IR IE Tows CENTER NI[\LI / L1L )1.TIN VIA aILIELI,.L ) BIND k.)KDI1NAN( r ) m i / : , 4, Buildings: roof design . Goal .. ,• To encourage inclusion of the roof and roof screening as ri 1. thoughtfully incorporated elements of the overall building design . - M _ . ____ ..- 1-17-4._. i - 0,- ---- no (woo ---; - t 111111111.mliwair-A0--g- . ._ 114 011.411111r '1 . -- *r � ,l ill,t ii 11M� i.' , 'W-V. /1 4:./• • 0 047 ._* -. .- . . 4 V �ti � Ali: �'1 Iii.,.r_,. .i.. . _r,.r A], 1 } ,, . r I i " I '- - ; .4- 1! . k_ et,-, • ,, , _ -- I ( _ _____-------------- 6 .. „___ f., "�� o. , _ '~ I Est L. I+ 4 11,11 I 1 1 Mica I ' . _ - I - :; ,. • ,41 11111. . Wm _ • I I Ili EDEN PRAIRIE CrrY f EDENPIAIRIE Buildings: .- materials . • To provide a palette of acceptable building materialsand ri 1. appropriate uses that contribute to the identity of the district. 1 • ,x,' r.1. r. 11111.. 0111 ' . ....1. i _ I{IS�r[ktl t^ r ..' . s ..' ..:4'7.71' r " -- s1 i I. m. r i ... _ _ • 4 -.. - t I A I. i mi.7 1 _ • 2_ .1 Y 4 I 111 .,- ... i 1- ..s.-„- — z 4'., :*[.1..9.1-. M _ r H C A T itfi i': �-W.+r �11f ... .jj . • . f � � I ; it _ 1, I U .,_ _ i • .!:P _ 1 ., . . :hi 7,T; ..: .: - --:: q lir— - ...°- I r.� I�L ..L._ 1 ifs• I I I -S � �I'' EDEN PRAIRIE CiTY elf PRAIRIE • Buildings:• ld entries Gogi .6 ,• To encourage , within thisframework, the creative integration ri food"' and hierarchy of building entriesthat relate to human scale o eventsand differentiate ground level from upper level building - components. ® �` . = . M 4‘..3. I. e Ild." i ,D 4 11 11 . t - ...-- I ill 1i °"`° _ 'M AC' _ -.1 AP ,-- intionamilin El ''' -----ert-°- ... . ". ---in -� -�- - -- � - - ., ,. .. , It.,4 °I inii.0 n %ii, E. .' j; .. ' _ 1 (1111 I 1 1 W tri�rM:uaurirny����i K - -- - 111 y ': ,3 - --- .. .9" a y , , 7 1 : EDEN PR A IR IE Tows CENTER NI[ LI 1 u >E. L1L )I.T1N VIA 110EL[\; s AND of)RUIN AN( L's m i , 4, aistainability : LFPI) lell • LFFI) principles integrated into design guidelines. • LFFf certification encouraged , but not a requirement expensive process) ". , t • Focusison principlesand materials, with _.. particular attention to water conservation in I. • Town Center. !ter ', a ==t „.„, ,: , LLL — ' L f1..11 dill Y WNW r yi ii — � � a pry s L w r� �' P ' f ..�,, y 4,(. ..„-. Ana , ,• .1 - __ "T -., �\.�. __ _ • _'`_ � -,+ +,5.� �� s I.! ' Ali • _ ..h^..v�„ . ���: ''. .. ": - •,, -,- , .. A14%* I iv...., a , till 4, (1 sr_. '' �- 1 r . i�l , t _ _ i . :: .1 ma . *!fi"� - �L +I "— --'R a `_. i. �� i EDEN PRA IR IE TOWN CENTER NIL\LIJ u. r vnil_TiN UuiutL.1\ES AND ORDINANCES ,,� + / ,,{ , : 4, Town Center Zoning District _ _ oil re uladons _,_ -,,,,ii from place -specific zoning 9' ,r, , ram- , ,,,,I , _ „mi.._ , . .„ IR i I 11111 -.1-_. , i -A$' 1 1! . .--,r 14- . i I I ry . l * i. e 1 I 111 irj II _ flii, .t:f = - . 3 1 --- : 1! -.4. e . 1 ^-' Lo r-r 411r1--:., 4 tV d ; 4i14 -gid"'I'm 35- "' + ; - The purpose of a unique Town Center (TC ) zoning 1 (IT I � 1 district isto provide an area fordevelopment of - - an attractive , compact , walkable , mixed -use I town center that createsa unique live / work/ play environment forthe community. I I io EDEN PRAIRIE CI , 1f f EDEi PIAIRII: Town Center Zoning District _ vill place -specific regulations zoning _,,_:-___.,-,., wool r 0.7r----- - coro-..,_ , The TC zoning 1 district is a l . 4 - regulatory tool , i I take kflo +'d c that establishes -- - $. ;, . unique zoning - a standardsfor •-Area ir2„ three liri, 4 - complimentary Town Center - al Mixed District —Commercial District SU b -d istric ts: I (or! I 1 la� � Re identiarl District. - - . C-ML . . own Center Vertical Mixed-Use I B. TC-R: Town Center Residential ' TC-C: Town Center Commercial i " I EDEN PRAIRI - C�i I, J ) � x E CAEi 14• 'rIAACFBIE � Town Center Zoning District . ...comparison with conventional zoning ordinance .. ,• EPTC Conventional ri wig" Vertical and adjacent mixed -use . Single-use buildingsand districts buildings i*. 4 — .—a.v r t Build ingsplaced close to street > Build ingsset back from street --; - $. Urban > Suburban Denserand taller buildings > Low to medium density development , 1 Building articulation, transparency, > Building bulk and dimension and street orientation restrictions On-street and structured parking > Off-street surface parking lots Defined street and streetscape > Streets planned according to design character engineering standardsonly + (I' I Lesser numberof parking spaces Minimum numberof parking spaces Ordinance linked to place-specific No design guidance I design guidelines Transit and pedestrian-oriented > Auto and parking -oriented development development , I J'Y EDE PMIRIE EDEN PRAIRIE m I N ,,{ I 4; Town Center Zoning District place -specific g regulations zoning in from Mixed Use District (Core Area ) OW' g • • Vertical mixed use buildingsrequired 3-6 stories � 4 • Most dense area • No surface parking lots • Sbstantial streetscape - Residential Area • High density housing • Housing close to core and park • Taller buildingstake advantage of views3- 10 stories Commercia • Retail, restaurant , hotel, office uses. i (or! I • LowestdensityTCarea• Emphasison walkable connections • New buildingscloserto street • 9jrface parking OK (not in front of building ) EDEN PRAIRIE , J i / I DENPIACI IL' Next Steps gfromi • Finalize design guidelines • Public hearings on guidelines• Test ordinance standards • Refine Town Center ordinance • Public hearings on ordinance (or I � I i 642 EDEN PRAIRIE C� i7 f E ,EN PiuiKis CITY a/ EDEN PORARIAE Comments ? HK BKV CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. ' Jay Lotthammer, Director Parks and Recreation Community Center Walking Track Requested Action Move to: Authorize staff and Construction Manager to initiate the walking track portion of the Community Center project. Synopsis At the March 20, 2007 City Council Meeting, the City Council elected to defer the decision to approve the walking track component of the Community Center bids and directed staff to research the potential for grant funding through Blue Cross, Blue Shield. Since that time, staff has learned from Blue Cross, Blue Shield that their grant money is intended for planning initiatives related to health and wellness and not available for capital or construction projects. Staff also investigated the availability of State of Minnesota grant funds. Currently, there are no immediate funds available through the State of Minnesota and once the new funding cycle is available, it is uncertain if adequate funds will become available. Staff has also had the opportunity to research other walking tracks. The attached survey highlights information from several similar types of tracks located in nearby communities. The results from the 2005 Eden Prairie Community Center Survey indicated that 47% felt the addition of an indoor walking track would benefit them. Based on the 2005 Eden Prairie Parks and Recreation Survey, 71% favored the indoor walking track as an item for expansion. The bids for the walking track portion of the project continue to be in effect. With the exception of the sport flooring, all contractors are under contract for other portions of the building. These contracts stipulate agreed upon prices for the addition of the walking track and would be brought to the City Council as a change order/ addition to the contract. The sport flooring contract has yet to be awarded and would also be brought to the City Council for approval at a later date. If this portion of the project is authorized,this item will be included in the current Community Center project and managed by the construction manager. In addition to costs efficiencies,no additional disruption to operations would occur. If this item were to be delayed to a future date or a future year, it is likely that the overall costs would be higher and the construction oversight would become an additional cost. There would also be a need to construct a safety railing over the storage area that would cost an additional $40,000. In addition, if the project is undertaken at a future date, it would likely disrupt the operation due to its proximity to the ice sheet. Attachments Walking Track Survey RJM letter dated June 11, 2007 Eden Prairie Community Center Comparison Data for Walking Track in Hockey Rink Prepared on 5/9/07 Location Track Lanes Track Use Comments Length Available Location Per Day Minnetonka-Page Arena 9 laps= 1 mile 2 lanes Above ice Rink Unknown 1. Cold. Have radiant heat so gets nice during events/crowds in the stand 9 ft.wide for residents 2. Have highest usage during the super cold days/really hot days as walkers and runners want to get out of the elements 3. Used for phy-ed classes daily during school year 4. Not a nice cushioned floor 5.Curved corners 6. Netting at ends-Plexiglas around remainder of the track 7. Residents are able to utilize for free Victoria Field House 9 laps= 1 mile 3 lanes Above ice rink Not tracked 1.About 30 degrees when ice is in-definitely see breath 11 ft.wide 2.Victoria staff stated the one mistake they made was not having the track built over/around the gym 3.Curved-large corners 4.Cushioned Rubber floor-very comfortable for running and walking 5. Netting on ends,otherwise Plexiglas to waist height 6. Floor is the same as was put in the Chaska Community Center 7. 10 years of age and older may use track 8. Residents are able to utilize for free Brooklyn Park Ice Arena 8.4 laps= 1 mile 2 lanes Above ice rink General facility 1.About 40 degrees 7 ft. use tracked 2. Highest usage by seniors and Figure Skating group Moms. 3.Curved large corners. 4. Netting on North and South side 5. Residents and Non Residents can use for free General Team Comments 1. Proposed walking track will provide adequate accommodations for general public walking and programming for children 2. Track surface should be similar to Chaska Community Center track 3. May want to consider allowing free use of the walking track for all residents 4. Be sure to make a statement that the track will be cold especially during summer months 5. Tough to find a true comparative Community Center track. • SM.Y11 . CONSTRUCTION June 11, 2007 1 Mr. Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Eden Prairie Community Center Walking Track Alternate Dear Jay, On March 15, 2007 bids were received by the City of Eden Prairie for the Eden Prairie Community Center Expansion and Renovation. These bids included amounts for various bid alternates. Bid Alternate 3A for the Walking Track in Y Rink II was one of these alternates, totaling an amount of$391,000. In order to help ensure that the City of Eden Prairie had an appropriate amount of time to review this alternate, the contractors were instructed to guarantee their bid prices for period of 120 calendar days. Therefore, the bid prices for the work of the walking track remain valid at this time, should the City Council wish to award this work. Please let us know if there is any further information that City of Eden Prairie should need to make this decision. Sincerel , Brian Recker Vice President 5455 HWY.169 PLYMOUTH,MN 55442 PHONE 763-383-7600 FAX 763-383-7601 www.rjmconstruction.com CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director June 19, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. ' Jay Lotthammer, Director Suggested Name Change for Purgatory Creek Parks and Recreation Recreation Area Requested Action Move to: Receive the recommendations from the Parks, Recreation and Natural Resources Commission and officially change the name of Purgatory Creek Recreation Area to Purgatory Creek Park. Or Move to: Receive the recommendations from the Parks, Recreation and Natural Resources Commission and officially change the name of Purgatory Creek Recreation Area to (name selected by City Council). Synopsis At the January 16, 2007 City Council Meeting, the City Council moved to return the process of renaming Purgatory Creek Recreation Area back to the Parks Commission to accept public comment and develop a list of alternate names to submit to the City Council. The motion passed 5-0. The Parks, Recreation and Natural Resources Commission addressed the issue at the May 7, 2007 meeting. The Parks Commission considered the public perception of words such as; park, sanctuary, conservation area and memorial along with the natural features and characteristics of the park(see attached May 7, 2007 Parks, Recreation and Natural Resources Commission Minutes). In order to give the City Council choices, the Parks Commission developed a list based on their discussion and then voted on the names to determine an order of preference. The following is the list of the names and the amount of votes received: Suggested Name Number of Votes Purgatory Creek Park 6 Purgatory Creek Conservation Area 3 Celebration Park 2 Purgatory Creek Memorial Park 1 Purgatory Creek Recreation Area 1 In addition to the re-naming discussion, the Parks Commission heard a presentation from Mr. Dan Kitrell proposing that the lake area be named Lake Malaya. The response of the Parks Commission was to focus on the naming of the entire area. There were also several comments recommending that Suggested Name Change for Purgatory Creek Recreation Area June 19, 2007 Page 2 if the lake were to be named that naming it Lake Malaya was not appropriate for this setting (see attached May 7, 2007 Parks, Recreation and Natural Resources Commission Minutes). Attachments May 7, 2007 Parks, Recreation and Natural Resources Commission Minutes List of Names Recommended by Public PARKS, RECREATION AND NATURAL RESOURCES COMMISSION May 7, 2007 Page 2 VI. REPORT OF PLANNING COMMISSION—April 9 and April 23, 2007 Fox reported that at the April 9 Planning Commission meeting the Commission focused on the discretionary EAW for Prospect Road and accepted public comment. At the April 23 meeting the Planning Commission recommended Option 6 for the alignment of Prospect Road; as proposed in the Hennepin Village PUD approved approximately six years ago. VII. PETITIONS,REQUESTS AND COMMUNICATION A. SERVICE AREA REPORT—SENIOR CENTER AND ADULT PROGRAMS— CARLA KRESS Carla Kress, Recreation Coordinator, explained that she manages the Eden Prairie Senior Center. She presented an overview of the Senior Center activities. Elliott-Stoering asked if Kress had received any feedback from the seniors regarding a walking track at the Community Center. Kress responded that many of the seniors have indicated that they would love a walking track at the Community Center. Currently, they are walking at the mall. Barrett asked if she was aware of any seniors using the walking track at the high school. Kress said it was her understanding that not many seniors use the high school walking track because they feel it is not accessible. B. NAMING OR RE-NAMING OF PURGATORY CREEK RECREATION AREA Lotthammer reported that they have received possible names for the Purgatory Creek Recreation Area from several citizens. He also explained that the Commission does not have to decide on a name this evening and that it can be brought back for further discussion at a future meeting. Brill explained that the Commission did make some suggestions to the City Council and the Council considered them and decided to send the re-naming of the area back to this Commission for additional research. This request was opened to the public for suggestions of a possible name. Dan Kittrell, 15731 Summit Drive, appeared before the Commission and said he appreciates the opportunity to participate in this process. When reflecting upon the motto of this City, he came up with the words live, work, and dream. A few must live to work; most must work to live; but all must dream. Kittrell said it is their desire to name the lake Malaya Lake, after their foster child who is now deceased. They feel this would be an appropriate and inclusive memorial in support of parents who are working to fulfill at least some of the unrealized dreams of their lost children. Also, Kittrell said as part of their proposal, they would consider it a privilege to lead a fundraising effort to create a memorial that would be consistent with the City's vision for this public space. Oko asked if there are any existing signs at this location that would need to be changed once a name is selected. Fox responded that currently they have two monument signs on the PARKS, RECREATION AND NATURAL RESOURCES COMMISSION May 7, 2007 Page 3 corners above the reader boards that identify the area that would need to be changed. The remaining park signs were purposely left without a name. In response to a question from Barrett, Fox explained that when this item was before the City Council, there was great discussion on whether or not they should name the lake and park separately. As a result, staff recommended that they wait 90 days to make a decision and they also recommended that anyone who wanted to submit names for the body of water and/or lake should submit those names to the City. At that time, the City Council referred this item back to this Commission for further discussion. Elliott-Stoering said she was in attendance at that Council meeting and it was her impression that the Council did not care for the Commission's recommendation, Prairie Lake. They felt there were too many existing park names in the City including the word prairie. Brill explained that they did discuss naming the park area separately from the lake. This is a confusing area with the space that they have. Barrett said he would prefer not to have three different names for this area. He suggested that they name the entire area and then consider naming the lake. Elliott-Stoering pointed out that within the park they do have a veteran's memorial and the Jean Harris Bridge as well as the Bob Lambert Pavilion. They already have a situation where there are different names within that park. Mackay suggested that they name the whole area Purgatory Creek Sanctuary. He also suggested that they start with naming the entire area and then go from there. They can name the lake at some future time.Napuck said that based on the suggestions and comments they have received, it seems that the words Purgatory Creek should be included in the title. Brill said he does have a conflict with the name Malaya Lake as proposed by Kittrell. The loss of their foster child is a tragic situation and this park and area with all of the different memorials would have a place for remembering Malaya. However, Brill said he did not want to set a precedent by naming the lake after Malaya. This is a City of 60,000 people and he does not believe that naming the lake Malaya Lake is appropriate. There are other ways and other things that can be done to memorialize Malaya through the park system. Lotthammer said the City does have different programs within the park system to remember people including the purchase of benches that would include a plaque or the planting of trees. Brill explained that Kittrell does have the opportunity to present his recommendation to the City Council. This Commission is only an advisory body and does not make the final decision on the naming of this area. Barrett said he agrees with Brill. He said that they should avoid getting into a situation of creating a policy for memorial situations. Brill explained that if they do name the area after a person, it should be a well-known name throughout the community and have a shared knowledge of what is being memorialized without having to go into an explanation of who this person is. Elliott-Stoering commended Kittrell for the work he has done in presenting his request. His efforts do not go unnoticed and it was great citizen input. Elliott-Stoering said in considering Kittrell's request, she can think of other Eden Prairie kids whose lives ended tragically. She PARKS, RECREATION AND NATURAL RESOURCES COMMISSION May 7, 2007 Page 4 indicated that her concern is that the name is not broad enough. Gerst said he would also like to commend Kittrell for his presentation but he personally does not agree with naming any lake after any one individual. However, the words Kittrell brought forward could be used for naming the lake. Gerst said he would be more agreeable to naming the lake after a community feeling. Napuck said she would have to agree with the general consensus about not naming the lake Malaya Lake. This Commission has to be very careful about setting a precedent and about naming something in the City that is used by everyone after a particular individual unless that individual has a long-standing recognition in the City. Napuck said she appreciates Kittrell appearing before this Commission and sharing his heartfelt emotions with them. Elliott-Stoering suggested that they consider a pathway that could incorporate the citizens' desire to have a space for memorials. Lotthammer explained that other communities have had pathways that include engraved pavers honoring many different things. He indicated that they have this large area that has some unique focal points and to add another segment is certainly within what other cities have done. Fox presented an overview of how this site was developed and why it was originally called Purgatory Creek Recreation Area. It was originally designed to include a golf course. The concept was then changed in the late 1990's to be a town center park that was not active but would be an assembly place for gatherings and the area was to be kept as natural as possible. At that time, it was discussed changing the name from Purgatory Creek Recreation Area to Purgatory Creek Conservation Area,but the name was not changed. There was also discussion about placing memorial pavers in this park. It is designed so that the existing pavers could be replaced with pavers that have inscriptions on them. A paver path was added leading to the boardwalk/pier. Fox said there are a lot of options to memorialize and remember people at this park including benches or inscribed pavers. Barrett said he would prefer that this area be named a park rather than a conservation area and he said that rather than naming two separate areas they consider naming the entire site Purgatory Creek Park. Elliott-Stoering said that when she thinks of a park she thinks of basketball courts, tennis courts,playgrounds, etc. She indicated that this area seems more relaxed and subdued than a park. Lotthammer said the challenge might be to find a name between conservation area and park. He said other communities have struggled with having people come to these areas to experience joy and happiness or to memorialize and remember people who have passed away. This is something they need to think about when considering some of the memorial items suggested. They need to consider what the role of this park is when displaying those types of features. Barrett said he agrees with Lotthammer and in some ways they have already made this area a memorial park because of the Jean Harris Memorial Bridge and the Veterans' Memorial. He asked if they want to continue down that path or if they should stop it here. Brill said that from the discussions held both this evening and from previous meetings, he has developed four possible names for the area: Purgatory Creek Park, Purgatory Creek Conservation Area, Purgatory Creek Memorial Park, and Purgatory Recreation Area. There has also been discussion about not changing the name. Brill said his opinion would be that PARKS, RECREATION AND NATURAL RESOURCES COMMISSION May 7, 2007 Page 5 they not change the name and keep it as it is. Napuck suggested that they also consider Purgatory Creek Preserve. Barrett said he feels Preserve is too specific and he likes the word Park because it is a little more general. Jacobus asked if Fox considers this area a conservation area or a recreation area. Fox said he personally would categorize it as a conservation area with a trailhead and active area. Napuck said she was leaning towards calling this area a park. It does have the Jean Harris Bridge and Veterans' Memorial and it appears more like a park even though it is not an active park. The word park is broader and would incorporate what is planned for this area. Jacobus said he agrees with Napuck and that the name should encourage people to come to this area. To him, a conservation area is not an enticing place and may not accurately describe this area. Jacobus said he believes the area needs a simple name. Gerst suggested that they consider a name like Celebration Park. The name would encompass the existing memorials and it sounds like a place where fun things are happening. Brill asked the Commission members to indicate which names they preferred for this area. Six commissioners preferred Purgatory Creek Park; three preferred Purgatory Creek Conservation Area; two preferred Celebration Park; one preferred Purgatory Creek Memorial Park; and, one preferred Purgatory Creek Recreation Area. Motion: Napuck moved, seconded by Barrett, to recommend that the City Council consider the following suggestions for naming the entire Purgatory Creek Recreation Area in order of the following priority: Purgatory Creek Park, Purgatory Creek Conservation Area, Celebration Park, Purgatory Creek Memorial Park and Purgatory Creek Recreation Area. The motion carried, 8-0. C. REQUEST FOR ADDITIONAL OFF-LEASH AREAS Lotthammer reported that staff met with Libby Hargrove regarding an additional off-leash dog area for smaller dogs. Staff is suggesting that they delay any decisions on additional dog parks until they see how these parks are affected by the opening of a dog park by the Three- Rivers Park District at Bryant Lake. Staff is also recommending that no additional sites be added to the system until the City is able to fund additional park benches,park shelters and provide water at the two sites and the users prove that off-leash areas can be used without creating an eyesore in the park system. Hargrove has recommended Hidden Ponds Park as an off-leash area for small dogs. City staff would not recommend any additional off-leash areas in neighborhood parks until the City is convinced that this would not become an eyesore similar to the one at the Flying Cloud Drive site. Libby Hargrove, 12640 Sunnybrook Road, said she was before this Commission in 2002 to begin the discussions on off-leash dog park activities and provided the Commission with the history of how these off-leash parks were developed. Hargrove explained that she is now requesting a year round off-leash dog area for small dogs, maybe 30 pounds and under. Hargrove said she is suggesting that they look at Hidden Ponds Park for the small dog park. This is a small piece of property that is not adjacent to a residential area and has parking. Suggest Not Changing the Name Leave as Purgatory Creek Recreation Area or with 'Purgatory Creek' in the name. Submitted By Comment/Suggestion Comment Leslie Cameron Keep it the same. Rita Krocak Keep it the same. Jennic Law Make no change Sharon Francis Don't change, people know the name Carol Beveroth Keep name, or at least keep Purgatory Creek in name Vicky Miller Keep name, or at least keep Purgatory Creek in name Jeff Kosmaski Keep Purgatory in the name Jim Clark Keep Purgatory in the name Jim Clark Do Not use Memorial in the name Eden Prairie Historical Society Keep Purgatory in the name Bob & Denise Hohrman Keep park name the same, but name lake. Alisen Kendall Keep 'Purgatory Creek' Rhonda Sorenson Leave it- spend time and money on something more important Jan Bowlds Leave it Bob Krocak Purgatory Park Recreation Area Margarie O'Hara Leave at Purgatory Park Joyce and Chuck Kuyava Keep the name Purgatory Creek Information as of 06/13/2007 Suggestions for Park Name & Lake Name Submitted By Park Suggestion Lake Suggestion Comments Katherine Hanson Sanctuary Recreation Area Luella DeBono Dawning Creek Recreation Area Eden Prairie Historical Society Purgatory Creek Heritage Park Lake named after deceased Dan & Jenny Kitrell Eden Prairie Memorial Park Malaya Lake foster child Lake named after deceased Katy Marcotte Eden Prairie Memorial Park Malaya Lake foster child Marc Nosal Jean Harris Preserve Indian word meaning 'land of Vicki Feller Price Wa-se-cha Memorial Park Lake Wa-se-cha plenty' EP Veterans Memorial Committee Purgatory Creek Memorial Park Include the name'Memorial' Sandy Grassy Eden Prairie Recreation Area Sandy Grassy Eden Recreation Area Diane Dilts Cobble Stone Recreation Park Diane Dilts Stone Path Recreation Park named after the Eden Prairie Diane Dilts Eagles Nest Recreation Park school sports Basil Wissner Purgatory Creek Park Tom Haugo Little Bluestem Park named after native grasses John Mallo&Jeff Strate Gathering Marsh Memorial Park Gathering Marsh John Mallo&Jeff Strate Gathering Marsh Memorial Conservation Area Gathering Marsh Lake May Whitmer Eden Prairie Memorial Park Malaya Lake Information as of 06/13/2007