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HomeMy WebLinkAboutCity Council - 01/18/2000AGENDA EDEN PRAIRJE CITY COUNCIL WORKSHOPB’ORUM TUESDAY, JANUARY 18,2000 5:OO - 6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Asst. City Engineer Rod Rue, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swagged, and Council Recorder Peggy Rasmussen I. CALL MEETING TO ORDER - MAYOR JEAN HARRIS 11. APPROVAL OF AGENDA 111. BOARDS & COMMISSIONS OPEN HOUSE IV. BOARDS & COMMISSIONS INTERVIEW PROCESS V. BOARDS & COMMISSIONS APPOINTMENT PROCESS VI. INVESTMENT POLICY VII. OTHER BUSINESS VIII. COUNCIL FORUM E. ADJOURNMENT MEMORANDUM TO: , . Mayor and City Council FROM: Chris Enger, City Manager Don Uram, Financial Services Director -. DATE: January 13,2000 SUBJECT: Investment Policy Update Background In 1995, the City Council adopted an investment policy written to limit the City’s exposure to “derivatives,” Staff is proposing an update to the policy to reflect current investment standards including: e Safekeeping and Custody e Suitable and Authorized Investments e Investment Parameters e Reporting Attachments 1. 1995 Investment Policy 2. Proposed Investment Policy CITY OF EDEN PRAIRIE, MINNESOTA INVESTMENT GOALS AND GUIDELINES I OBJECTIVES: 1. . Preservation and safety of principal. 2. Maintain necessary liquidity. -- 3. Maximize the rate of return within the stated guideline;. PERFORMANCE: 1. The goal of the investment fund is to provide the best available rate of return while remaining consistent with the objectives of the preservation and safety of principal and the maintenance of liquidity. GENERAL STATEMENT: All cash and investments will be maintained in a single cash and investment pool, accounted for in a separate agency fund. Interest revenue will be allocated to each investing fund consistent with fund . ownership. * A competitive bid process shall be conducted before Eden Prairie invests any surplus resources. If a specific maturity date is required, either for cash flow purposes or for compliance with maturity guidelines, bids will be requested for instruments which meet the maturity requirement. If no specific maturity is required, a market trend analysis will be conducted to determine which maturities would be the best. Competitive bids will be obtained from firms and local offices located in the Minneapolis/ St. Paul area. Any persodfirm submitting a bid must be a qualified bank or licensed to transact business in Minnesota as a broker-dealerlagent according to Minnesota Statutes 80A.04. Minnesota Statutes 475.66, Subd. 6 requires Eden Prairie to provide each broker with information regarding the City’s investment restrictions. Prior to conducting any business with or for the City, the broker must acknowledge these investment restrictions and agree to conduct investment transactions in accordance with them. .. 1 AUTHORIZED SECURTIES: All investments made by the City of Eden Prairie will be in accordance with Minnesota Statutes 471.56 and’ 475.66. Authorized investments include but are not limited to: U.S. Treasury Obligations - Federal Agency Issues Repurchase Agreements (Repo’s) Money Market Mutual Funds Mutual Funds investing exclusively in U.S. Treasury Obligations and Federal Agency Issues Commercial Paper Banker’s Acceptance ASSET MIX CONSTRAINTS 1. 2. 3. 4. 5a. 5b. No more than 10% of the portfolio will be invested in any single issuer except the U.S. Government or its agencies. No more than 25% of the portfolio will be invested in obligations of any single Federal Agency. No more than 25% of the portfolio will be invested in any single Mutual Fund. All of the securities purchased must mature or have a demand feature within 5 years, and a modified duration of 7 years or less. Average maturity shall not exceed 3 years. The modified lower and upper limit duration of the portfolio will be not less than 3 years and not more than 7 years. REPORTING PROCEDURES 1. All purchases, sales and maturities of investments will be recorded in a timely manner. 2. A report of the City’s investments and cash position will be submitted to the City Council semi-annually. This report shall include the maturity date, cost of the security, current value and the rate of return. 2 REVTEW AND RESPONSIBILITY In view of the rapid changes within the capital markets, these guidelines will be reviewed at least semi-annually by the Investment Committee which shall consist of the following members: City Manager Assistant City Manager FinanceDirector - . Finance Operations Manager Economic Development Manager - ETHICS AND CONFLICTS OF INTEREST Public officials and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business within the City, and they shall further disclose any large personal fmancialhvestment positions that could be. related to the performance of Eden Prairie’s portfolio. , Dated: mhr I4 , 1995 Acknowledged 1 , 3 City of Eden Prairie Investment Policy I. Policy The City of Eden Pr&ie will consolidate cash balances fkom all funds and invest in a manner that will provide the highest investment return with minimum risk while meeting the daily cash flow demands and conforming to all federal, state and local regulations governing the investment of public funds. Investment income will be allocated to the various funds based on their respective participation and according to generally accepted accounting principles. 11. General Objectives ‘ The primary objectives, in order of priority, of investment activities are safety, liquidity, and yield: 1. 2. 3. 111. 1. 2. Safety - Safety ofprincipal is the foremost objective of the investment program. Investments will be undertaken in a way that seeks to ensure the preservation of capital in the overall portfolio. Liquidity - The investment portfolio will remain sufficiently liquid to meet all operating requirements that we ‘may reasonably anticipate. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs. Yield - The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles. Return on investment is of secondary importance compared with the safety and liquidity objectives described above. Standards of Care Prudence - The standard of prudence to be used by investment officials will be the ‘prudent person” standard and will be applied while conducting investment transactions: “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” Ethics and Conflicts of Interest - Officers and employees involved in the investment process will refkain from personal business activity that could conflict with the proper execution and management of the investment program. Employees and invesknent officials will disclose any material interests in financial institutions with which they conduct business. 1 They will further disclose any personal financialhvestment positions that could be related to the performance of the investment portfolio. Employees and officers will refrain fiom undertaking personal investment transactions with the same individual with whom business is conducted for the City. Delegation of Authority - Authority to manage the investment program is granted to the Community Development and Financial Services Director and derived from Minnesota Statutes 11 8k.02, Investment of Public Funds. The Community Development and Financial Services Director shall establish written procedures and internal controls for the operation of the investment program consistent with this investment policy. Procedures should include references to: safekeeping, investment accounting, repurchase agreements, wire transfer agreements, and collateraVdepository agreements. .. 3. 4. Investment Committee - An Investment Committee will meet quarterly to review the performance of investments and review the investment strategy. This committee will be made up of the following individuals: . e City Manager e e City Council Representative Community Development and Financial Services Director IV. Safekeeping and Custody 1. Authorized Financial Dealers and Institutions - All financial institutions and brokeddealers who want to become qualified for investment transactions must supply the following as appropriate: e Audited financial statements e e Proof of state registration e Completed brokeddealer certification e Depository contracts The purchase of all investments must be from institutional brokers. Proof of National Association of Securities Dealers (NASD) certification 2. Internal Controls - The Community Development and Financial Services Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected fi-om loss, theft or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits require estimates and judgments by management. 2 V. Suitable and Authorized Investments 1. Investment T.ypes -All investments made by the City will be in accordance with Minnesota Statutes. Authorized investments include but are not limited to: 0 Governmental bonds, notes, bills, mortgages (excluding high-risk mortgage-backed secwjties), and other securities, which are direct obligations or are guaranteed or insuredissues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress. Generd obligation of any state or local govement with taxing powers which is rated "A" or better by a national bond rating service. Revenue obligation of any state or local government with taxing powers which is rated "AA" or better by a national bond rating service. General obligation of the Minnesota housing finance agency which is a moral obligation of the state of Minnesota and is rated "A" or better by a national bond rating agency. Commercial paper issued by United States corporations or their Canadian subsidiaries that is rated in the highest quality category by at least two nationally recognized rating agencies and matures in 270 days or less. Time deposits that are fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of United States banks. 0 0 0 0 0 2. Collateralization - To2 the extent that fwllds deposited are in excess of available federal deposit insurance, the government entity will require the financial institution to furnish collateral security or a corporate surety bond executed by a company authorized to do business in the state. The following are the allowable forms of collateral in lieu of a corporate surety bond: 0 0 0 U.S. government treasury bills, treasury notes, treasury bonds. Issues of U.S. government agencies and instrumentalities as quoted by a recognized industry quotation service available to the government entity. General obligation securities of any state or local government with taxing powers which is rated "A" or better by a national bond rating service, or revenue obligation securities of any state or local government with taxing powers which is rated "AA" or better by a national bond rating service. Irrevocable standby letters of credit issued by Federal Home Loan Banks to a municipality accompanied by written evidence that the bank's public debt is rated "AA" or better by Moody's Investors Service, Inc., or Standard & Poor's Corporation. Time deposits that are fully insured by the Federal Deposit Insurance Corporation. 0 0 The amount of the collateral computed at its market value will be at least ten (10) percent more than the amount on deposit plus accrued interest at the close of the business day. 3 3. Repurchase Agreements - Repurchase agreements consisting of collateral allowable as an investment may be entered into with any of the following entities: .. . 0 0 A financial institution qualified as a "depository" of public funds of the government Any other financial institution which is a member of the Federal Reserve System and whose combined capital and surplus equals or exceeds $10,000,000. A primary reporting dealer in United States government securities to the Federal Reserve Bank of New York. A securities broker-dealer licensed pursuant to Minnesota Statutes 80A, or an affiliate of it, regulated by the securities and exchange commission and maintaining a combined capital and surplus of $40,000,000 or more, exclusive of subordinated debt. .. . entity. VI. Investment Parameters 1. Diversification - The investments will be diversified by: 1. 2. 3. Limiting investments to avoid over concentration in securities -&om a specific issuer or business sector (excluding U.S. Treasury securities). Iinvesting in securities with varying maturities. Investing a portion of the portfolio in readily available funds to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. 2. Maximum Maturities - The City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years fiom the date of purchase. Reserve funds and otlier funds with longer-term investment horizons may be invested in securities exceeding five (5) years if the maturities of such investments are made to coincide as nearly as practicable with the expected use of funds. The intent to invest in securities with longer maturities will be disclosed to the City Council. VII. Reporting 1. Methods - The Community Development and Financial Services Director will prepare an investment report quarterly, including a summary that provides an analysis of the current investment portfolio. This summary will be prepared in a way that will allow the City to ascertain whether investment activities during the reporting period have conformed to the ' investment policy. The report will be provided to the City Manager and the City Council. The report will include the following: . 0 Listing of individual securities held at the end of the reporting period. Yield to maturity of investments as compared with applicable benchmarks. 4 a Listing of investment by maturity date. 0 Percentage of the total portfolio which each type of investment represents. Performance Standards - The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates. Marking to karket - The market value of the portfolio Will be calculated quarterly and a statement of the market value of the portfolio will be issued. .. 2. 3. 5 AGENDA EDEN Pm CITY COUNCIL TUESDAY, JANUARY 18,2000 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swagged, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. 11. 111. IV. V. ROLL CALL I CALL THE MEETING TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND OTHER ITEMS OR BUSINESS 1. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 4,2000 CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ANDREAS I1 by Andreas Properties 11, LLC Request for Zoning District Amendment within the 1-2 Zoning District on 2.74 acres, Site Plan Review on 2.74 acres, and Preliminary Plat on 2.74 acres into one lot. Location: 15180 Martin Drive. (Ordinance for Zoning District Amendment and Resolution for Site Plan Review) C. PURGATORY CREEK ESTATES 2ND by Post Construction Company. Request for Rezoning from Rural to R1-13.5 on 3.08 acres and a Preliminary Plat of 3.08 acres into 7 lots. Location: Wilderness Cove and Sunnybrook Road. (Ordinance for Zoning District Change and Resolution for Release of Exhibit E) D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.40 AND 11.70 REGARDING PLANNED UNIT DEVELOPMENT SIZE CITYCOUNCILAGENDA January 18,2000 Page 2 E. F. G. H. I. J. JL ADOPT RESOLUTION AUTHORIZING THE DISPOSAL OF TAX- FORFEITED LAND ADOPT RESOLUTION APPROVING FINAL PLAT OF SETTLERS RIDGE 4TH ADDITION ADOPT RESOLUTION APPROVING FINAL PLAT OF STAHL ADDITION ADOPT RESOLUTION APPROVING FINAL PLAT OF SCENIC HEIGHTS OFFICE ADDITION ADOPT RESOLUTION APPROVING FINAL PLAT OF PURGATORY CREEK ESTATES 2ND ADDITION ADOPT RESOLUTION APPROVING FINAL PLAT OF BEARPATH TOWNHOMES 8TH ADDITION ADOPT RESOLUTION AUTHORIZING APPLICATION FOR THE 2000 HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT VI. PUBLIC HEARINGS / MEETINGS A. CSWSTARKEY OFFICE CENTER by CSM Equities, LLC Request for Planned Unit Development Concept Amendment on 13.13 acres, Planned Unit Development District Review with waivers on 8.4 acres, Zoning District Amendment within the 1-5 Zoning District, and Site Plan Review on 8.4 acres. Location: Flying Cloud Drive and Crosstown Circle. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) B. HORNELAND ADDITION by Liv Homeland. Request for Planned Unit Development Concept Amendment on 1.32 acres to the Ridgewood PUD, Planned Unit Development District Review on 1.32 acres with waivers, Zoning District Amendment within the R1-13.5 Zoning District on 1.32 acres, and Preliminary Plat on 1.32 acres into 3 lots. Location: 8802 and 8804 Knollwood Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution for Preliminary Plat) C. ELIM HOMES, INC. PROJECT, RELATING TO THE PROPOSED ISSUANCE OF REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000. D. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 AND ADOPT WETLAND PLAN CITY COUNCIL AGENDA January 18,2000 Page 3 VII. VIII. IX. X. XI. XII. E. VACATION 99-09: VACATION OF RIGHT-OF-WAY AM) DRAINAGE AND UTILITY EASEMENT IN SETTLERS RIDGE 3RD ADDITION (RESOLUTION) F. VACATION 00-01: VACATION OF RIGHT-OF-WAY FOR PART OF TECHNOLOGY DRIVE AND DRAINAGE AND UTILITY EASEMENT IN THE NORTH HALF OF SECTION 15, T116, FU2W (RESOLUTION) PAYMENT OF CLAIMS ORDINANCES AND RESOLUTIONS PETITIONS, REQUESTS AND COMMUNICATIONS REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION 1. Update on Solicitation of FAA Support for Changes to MAC Ordinance 51 and Draft Environmental Impact Statement for Flying Cloud Airport - Tom Heffelfinger APPOINTMENTS. REPORTS OF OFFICERS A. B. C. D. E. F. G. H. REPORTS OF COUNCILMEMBERS REPORT OF CITY MANAGER 1. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. 2. Round Lake Water Qualitv REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR REPORT OF PUBLIC WORKS SERVICES DIRECTOR REPORT OF PUBLIC SAFETY SERVICES DIRECTOR REPORT OF MANAGEMENT SERVICES DIRECTOR REPORT OF CITY ATTORNEY Manapement and Use Plan for Historic Sites Adopt Resolution Approving Greenway Planning Grant Application CITY COUNCZL AGENDA January 18,2000 Page 4 Xm. OTHER BUSINESS A. COUNCIL FORUM INVITATION XIV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAJRE CITY COUNCIL TUESDAY, JANUARY 4,2000 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen PROCLAMATION FOR THE MARTIN LUTHER KING, JR. HOLIDAY Mayor Harris read the proclamation that proclaims January 2000 as a month to celebrate diversity and asks all residents to establish, communicate and encourage comm~~@ standards that respect diversity; to promote acceptance and respect for individuals in an atmosphere of caring for others; and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin ' Luther King, Jr. 's dream. THE EDEN PRAIRIE MANIFESTO Mayor Harris read the manifesto, adopted by the City Council on May 18, 1993, and reaffirmed on January 4, 2000. It states that the City Council members accept special roles and responsibilities in fostering diversity in the community, and are dedicated to upholding the rights of every individual in the community to freedom, dignity and security, regardless of religious affiliation, race, ethnic heritage, gender, age, sexual orientation, physical or mental ability, or economic status. I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:OO p.m. 11. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mayor Harris added Item XUI.A. City Council Workshop Topics. Thorhon added Item XII.A.2 Report on 1-494 Corridor Commission. MOTION: published and amended. Motion carried 5-0. Thorfinnson moved, seconded by Butcher, to approve the agenda as I cITYcouNclLMtNuTEs January 4,2000 Page 2 N. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 21,1999 Butcher made a correction on page 5. The second paragraph should read, "Butcher said in the coming years there are likely to be fewer children in the school district than projected, which will have an impact on the number of children involved in hockey." MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the minutes of the City Council Workshop held Tuesday, December 21, 1999, as published and amended. Motion carried 4-0, with Thorfinnson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 21,1999 MOTION: Case moved, seconded by Thorfinnson, to approve the minutes of the City Council Meeting held Tuesday, December 21, 1999, as published. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION NO. 2000-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS C. RESOLUTION NO. 2000-02 DESIGNATING DEPOSITORIES D. RESOLUTION NO. 2000-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS E. RESOLUTION NO. 2000-04 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. RESOLUTION NO. 2000-05 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. RESOLUTION NO. 2000-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. RESOLUTION NO. 2000-07 APPOINTING COMMISSIONERS TO THE EDEN PRAIR1[E HOUSING AND REDEVELOPMENT AUTHORITY I. RESOLUTION NO. 2000-08 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COlWMISSIONS FOR 2000 CITYCOTJNCILMINUTES January 4,2000 Page 3 J. APPOINTMENT OF MAYOR JEAN HARRIS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES K. APPOINTMENT OF MAYOR JEAN HARRIS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES L. APPOINTMENT OF MAYOR JEAN HARRIS TO THE MUNICIPAL LEGISLATIVE COMMISSION M. APPROVAL OF 2000 TOWING SERVICES AGREEMENT N. APPROVAL OF LETTER OF UNDERSTANDING WITH KMC TO PROVIDE ADDITIONAL FIBER OPTIC CABLE MOTION: Consent Calendar. Motion carried 5-0. Tyra-Lukens moved, seconded by Case, to approve Items A-N on the VI. PUBLIC HEARINGS / MEETINGS VII. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Case, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson, Tyra-Lukens and Harris voting “aye.” VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS, REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS A. RESOLUTION NO. 2000-09 DESIGNATING THE OFFICIAL CITY NEWSPAPER MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2000-09 designating the Eden Prairie News as the Official City Newspaper. Motion carried 5-0. B. RESOLUTION NO. 2000-10 DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2000 AND APPOINTING ACTING MAYOR 3 cITYcouNcILMlNuTEs January 4,2000 Page 4 C. D. E. F. G. H. I. J. K. L. M. MOTION: Tyra-Lukens moved, seconded by Case, to adopt Resolution No 2000-10 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2000. Motion carried 5-0. MOTION: ‘Butcher moved, seconded by Case, to appoint Councilmember Tyra- Lukens as Acting Mayor. Motion carried 5-0. RESOLUTION NO. 2000-1 1 DESIGNATING COUNCILMEMBER CASE AS THE DIRECTOR AND MAYOR HARRIS AS ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2000 MOTION: Thorfinnson moved, seconded by Butcher, to adopt Resolution No. 2000-11 designating Councilmember Case as the Director and Mayor Hawis as Alternate Director to the Suburban Rate Authority for 2000. Motion carried 5-0. APPOINTMENT OF COUNCILMEMBER THORFINNSON TO THE SOUTHWEST CORRIDOR COALITION APPOINTMENT OF COUNCILMEMBER BUTCHER TO THE COMMUNITY RESOURCE CENTER ADVISORY COUNCIL APPOINTMENT OF COUNCILMEMBER TYRA-LUKENS AND COUNCILMEMBER THORFINNSON AS ALTERNATE TO THE SUBURBAN TRANSIT ASSOCIATION APPOINTMENT OF COUNCILMEMBER CASE TO THE SOUTHWEST CABLE TV COMMISSION APPOINTMENT OF COUNCILMEMBER BUTCHER TO. THE EDEN PRAIRIE FOUNDATION APPOINTMENT OF COUNCILMEMBER THORFINNSON TO THE 1-494 CORRIDOR COMMISSION APPOINTMENT OF COUNCILMEMBER BUTCHER TO THE SOUTH HENNEPIN REGIONAL PLANNING AGENCY ADVISORY COUNCIL APPOINTMENT OF COUNCILMEMBER TYRA-LUKENS TO THE HENNEPIN COUNTY EMERGENCY MEDICAL SERVICES COUNCIL APPOINTMENT OF COUNCILMEMBER TYRA-LUKENS TO THE HENNEPIN COUNTY COMMUNITY HEALTH SERVICES ADVISORY COUNCIL APPOINTMENT OF COUNCILMEMBER THORFINNSON AS THE EDEN PRAIRIE REPRESENTATIVE TO THE SOUTHWEST METRO TRANSIT COMMISSION CITYCOTJNCILJ~S January 4,2000 Page 5 MOTION: Thodimson moved, seconded by Case, to confirm the appointments as selected by Mayor Hanis under Agenda Items XI.D.-M. Motion carried 5-0. XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Mayor Jean Harris - Appointment of two Councilmembers to 2 Mayor Harris said she would like to appoint Councilmembers Tyra- Lukens and Thorfinnson to perform the annual review of the City Manager in 2000. MOTION: Case moved, seconded by Butcher, to appoint Councilmembers Thorfinnson and Tyra-Lukens to perform the Annual Review of the City Manager. Motion carried 5-0. 2. Councilmember Thorfinnson - Report on 1-494 Corridor Commission Thorfinnson said the 1-494 Corridor Commission held a legislative meeting January 4 with the fourteen State Representatives ii-om the seven cities in the Metro Area. They discussed the needs of the seven cities and what the commission expects ii-om the representatives to provide funding for the 1-494 corridor during the next legislative session. Mayor Harris the Council would appreciate having periodic updates during the legislative session. Thorfinnson said he would let the Council know what is happening. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT 'OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Report from Eden Prairie Firefighter Relief Association - Changes to the Bvlaws Kurt Schendel, President of the Eden Prairie Firefighter Relief Association, asked for approval of the changes made to the Bylaws of the Association. Major reasons for the changes are to streamline the language to conform to State Statutes and to make the language easier for members of the Fire Department to understand; also to extend the maximum years of service fiom 30 years to 32 years, thus rewarding an individual for a commitment fiom age 18 to age 50, when the firefighters are eligible to receive a benefit upon retiring from active duty. CITYCOUNCIL~S January 4,2000 Page 6 The Bylaws have been reviewed and approved by the law firm Lang, Pauly, Gregerson & Rosow, as well as the membership of the Eden Prairie Fire Department. MOTION: Thorfinnson moved, -seconded by Butcher, to approve the Eden. Prairie Firefighter Relief Association Bylaws as amended. Motion carried 5-0. Kurt Schendel said the City contributes a great deal to the Fire Department as well as the Relief Association and he thanked the City for its support. The Relief Association has recently hired Dain-Rauscher to manage investment of the Association’s funds. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. CITY COUNCIL WORKSHOPS TOPICS Mayor Harris led a discussion on Council Workshop topics for the first part of 2000. The following were suggested: Staff report to the Council on the status of 1999 projects that were completed as part of the Strategic Plan, and review of the goals for 2000. Review process for appointment of members and chairs to Boards and Commissions. A report on the Capital Improvement Program will be given in March. Enger said Council had talked about having a joint Workshop with the Community Planning Board to discuss issues of importance to the Council. This should be done in the first quarter of the year. Enger reported there would be a second orientation session for the Planning Board on Monday, January 10, from 5:30-7:00 p.m. Liaisons and resource people will make presentations regarding development and planning. This will be a meeting to which the City Council is invited. Council decided those who are able to attend would be there to listen and not to have a dialog with the Planning Board. A joint meeting of the Council and the Planning Board would not take place until after the appointment of members is made. Pauly said this meeting should be published as a public meeting. CITYCOUNCIL~S January 4,2000 Page 7 Mayor Harris asked for a Workshop on how to use electronic brainstorming as a tool. Enger said, as part of strategic planning and electronic brainstorming, using in-house technology, and to further the use of the process of the community forum, he has contacted Doug Griffin & Associates, who submitted a proposal to hold a town meeting with up to 100 local participants. The participants would meet in groups of 25 for two hours. Enger suggested this be done in February. Enger recommended a Workshop on economic development in the Golden Triangle area. Thorfinnson asked to add a discussion of transportation, traffic mitigation, and grant money that is being applied for. Improvements to Highway 101 -at least one Workshop during 2000. In addition, the City of Chanhassen has requested a joint meeting to discuss this subject. The final step in process of reorganization of City Staff and changes in the physical surroundings at City Center to support the reorganization. How to build Council effectiveness (probably a 3-hour session). A Workshop on the status of affordable housing and Tax Increment Financing. Case requested two Workshops on technology. He and Enger will work on a presentation. Case also requested a discussion on how the concept of a 12-story building fits in with the City’s long-term plans. Tyra-Lukens requested a Workshop to discuss the City’s regulations on building exteriors. She would like to bring in a person who can explain a “point system” being used in Arizona for exterior architecture, which allows for a more objective review of a building’s exterior design. Mayor Harris asked to discuss the immigrant community, review the SheRPA report on immigration, and review the City’s services in light of these rapid changes in demographics. Case said one of the best resources to discuss the changes in demographics is the school board. He would like to see a meeting arranged with the school board to discuss common issues of concern. Butcher asked for a Workshop to review the City’s role and commitment to social services in the community. Mayor Harris said Councilmembers had talked about putting together a “think tank.” This would involve inviting individuals from universities to address the City Council on local, state and national trends, to provide them with information that will help the Council to make the best decisions. She asked Staff to pick 7 cITYcouNclLMINuTEs January 4,2000 Page 8 topics and determine who the best presenters would be. She would like this to be done on a quarterly basis. B. COUNCIL FORUM INVITATION Mayor Harris said Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room II. This will be scheduled time following City Council worltshops and immediately preceding regular City Council meetings. If you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager’s office by noon of the meeting date with your request. XIV. ADJOURNMENT Pauly reported the City has received a proposal for City participation in a settlement involving litigation. He asked that the Council go into closed session after the Council meeting to discuss this. MOTION: Thorfinnson moved, seconded by Case, to adjourn the meeting and go into Closed Session. Mayor Hawis adjourned the meeting at 7:52 p.m. CITY COUNCIL AGENDA SECTION Consent Calendar SERVICE AREA/DMSION: ITEM DESCRIPTION: Community Development & Financial Services/ Gretchen Laven . Clerk’s License Application List DATE: January 18,2000 ITEM NO.: V.A. These licenses have been approved by the department heads responsible for the licensed activity. CIGARETTE & TOBACCO PRODUCTS LLlxus dba: Eagle Mobil 2000 Renewal Licensees ON-SALE AND SUNDAY LIQUOR Asia Grille COMMERCIAL KENNEL Affiliated Emergency Veterinary Service PLC Kingdale Kennels Inc SOLID WASTE COLLECTOR Aspen Waste Systems Inc Clean Sweep Inc Dick’s Sanitation Service Inc Waste Management of MN Inc January 18,1999 -1- CITY COUNCIL AGENDA SECTION: Consent Agenda SERVICE AREA/DMSION: Community Development Donald R. Uram Scott A. Kipp DATE: 01/18/00 ITEM DESCRIPTION: Andreas II ITEM NO.: g 6. Requested Acfion Move to: Approve 2nd Reading of the Ordinance for Zoning District Amendment ; and Adopt the Resolution for Site Plan Review; and Approve the Developer's Agreement for Andreas 11. Synopsis This is for a 14,200 square foot industrial building located at 15 180 Martin Drive. Attachments 1. Ordinance for Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement I ANDREAS 11 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -99 AN ORDINANCE OF THE CITY OF EDEN PWRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within Andreas II. Section 3. The proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the 1-2 Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be developed in accordance with plans dated November 23, 1999. Section6. This Ordinance shall become effective fiom and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th of December, 1999, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of January, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on Exhibit A Legal Description Andreas 11 Outlot A, Edenvale Industrial Park 8th Addition. 3 CITY OF EDEN PRAURIE HENNEPIN COTJiYTY, MINNESOTA SUMMARY OF ORDINANCE NO. , AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MIM\TESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAM PENALTY PROWSIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allowsanendment of the zoning of land located at Exhibit A, included with this 15180 Martin Drive within the 1-2 Zoning District. Ordinance, gives the full legal description of this property. Effective Date: r) This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) 4 CITY OF EDEN PRAIRIE HENPIEPIN COUNTY, MIMVESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ANDREAS II BY ANDREAS DEVELOPMENT COMPANY WHEREAS, Andreas Development Company, has applied for Site Plan approval Andreas 11, on 2.74 acres for construction of a 14,200 square foot industrial building located at 15180 Martin Drive to be zoned in the 1-2 Zoning District on 2.74 acres by an.Ordinance approved by the City Council on January 18,2000; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its November 8, 1999, Planning Commission meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its December 7,1999, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Andreas II, for the construction of a 14,200 square foot industrial building, based on plans dated November 23, 1999, between Andreas Development Company, and the City of Eden Prairie. ADOPTED by the City Council on January 18,2000. Jean L. Harris, Mayor ATTEST: L Kathleen A. Porta, City Clerk 5 DEVELOPER'S AGREER.IENT AJXDREAS 11 THIS AGREEMENT is entered into as of January 18,2000, by Andreas Development Company, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": . WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Amendment within the 1-2 Zoning District on 2.74 acres, Site Plan Review on 2.74 acres, and Preliminary Plat of 2.74 acres into one lot, legally described on Exhibit A (the "Property"); NOW, THEREFORE, jn consideration of the City adopting Ordinance No. for for Site Plan Review, and Resolution No. for Preliminary Plat, Developer shall to construct, develop and maintain the Property as Zoning District Amendment, Resolution No. follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated November 23,1999, reviewed and approved by the City Council on December 7,' 1999, and attached hereto as Exhibit By subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved,plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site kading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing andor proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. , 4. PRETREATMENT PONDS: Prior to final plat approval on the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design information for all storm water quality facilities to be constructed 'on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property, Developer shall provide to the City Engineer proof that the pond size has not diminished f?om the original design volume because of sedimentation, erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. 5. LEASE AGREEMENT: Prior to the issuance of any building permit for the Property or any portion of the Property, the Developer shall present proof of lease agreement with Paragon Cable allowing access by means of the driveway to the utility building located in northernmost portion of Outlot A, Edenvale Industrial Park 8th Addition. CONSERVATION EASEMENT FOR THE PROTECTION OF WETLAND, AND WETLAND BUF'FXR AREA ON THE PROPERTY: Prior to release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement for review and approval by the Director of Parks and Recreational Services, for the area delineated on Exhibit B. 6. Prior to the release of the building permit for the Property, Developer shall submit evidence to the Director of Parks and Recreational Services, that the approved Conservation Easement has been filed in the Hennepin County Recorder'dRegistrar of Titles' Office. 3 7. Prior to the release of the building pennit for the Property, Developer shall install all wetland buffer strip monuments for the Property. =.GATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the -Property. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. ' PROOF OF PARKING SPACES: Developer and City acknowledge that the 34 proof of parking spaces proposed for the Property, depicted in Exhibit B, are designated for use by the building and that said spaces are not required to be constructed at this time. At such time as the City Manager, in his or her sole discretion, determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the building use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 10. EXTElUOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment'' includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of my occupancypermit for the Property. . If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment fiom public streets and differing, adjacent land uses, then the City Planner shall notifjr Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that City will not release the security provided until Developer completes all such corrective measures. 12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 1 1.70, Subdivision 5a. 13. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Any building mounted lighting shall also consist of downcast cutoff shoebox fixtures. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14. TRASH ENCLOSURE: Developer shall submit to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of an outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, and include heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the Gash enclosure plan prior to issuance of any occupancy permit for the Property. , 15. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents fiom and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys= fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. CITY COUNCIL AGENDA SECTION: Consent Agenda SERVICE AREAIDMSION: Community Development Donald R. Uram Michael Franzen ITEM DESCRIPTION: Purgatory Creek Estates 2nd DATE: 01/18/00 ITEM NO.: VL, Requested Action Move to: Approve the Resolution for the Release of Exhibit E; and Approve 2"d Reading of the Ordinance for Zoning District Change; and Approve the Developer's Agreement for Purgatory Creek Estates 2nd. Synopsis This is a 7 lot single family subdivision located north of Sunnybrook Road. The alignment of the road in relationship to the western property and its proposed Sunnybrook Cove project layout with double-fronted lots was a concern at the public hearing on August 3rd. Staff met with both project developers and determined the best layout for this project and adjacent properties is to leave the road at the current alignment. A scenic/conservation easement was recommended by the City Council when this project was reviewed at the public hearing. After fwther staff review of the proposed grading plan, the necessary grading for rear yard drainage on lots 5 and 6 does not leave sufficient area for a realistic scenic/conservation easement. As recommended by the City Council, the Developer's Agreement includes an Exhibit E that the Developer must record against each lot of the subdivision. The exhibit terms restrict the Developer fi-om receiving additional building permits if there are outstanding zoning violations. Permits will be issued once violations are resolved. Prior to any closings, the City must release the terms of Exhibit E. The attached resolution authorizes the City Manager or his or her designee to release Exhibit E once the structure on each individual lot has met all City requirements for the issuance of a Certificate of Occupancy. Attachments 1. Exhibit E 2. Release of Exhibit E Resolution 3. Ordinance for Zoning District Change 4. Developer's Agreement \ EXHIBIT E DECLARATION OF RESTIUCTIONS AND COVENANTS This Declaration of Restrictions and Covenants is made this 18th day of January, 2000, by the undersigned Declarants. Recitals: A. B. C. The Declarants hold fee title to the land described in Lots 1-7, Purgatory Creek Estates 2nd Addition (“Land”). The Council (“Council”) of the City of Eden Prairie (“City”) has approved the rezoning and subdivision of the Land described into seven lots for the construction and use of single family dwellings. As a condition of such approvals, Declarants have agreed to subject the Land to the following Restrictions and Covenants: Declarants make the following Declaration of Restrictions, Covenants and Agreements relating to the Land: 1. In the event of a violation of City Code related to use of the Land or construction of single family dwellings thereon or failure to fulfill an obligation imposed upon Developer pursuant to a Developer’s Agreement between City and Developer made as of January 18,2000, by Declarants, their contractors, subcontractors, agents or employees or their successors and assigns of any interest in the Land or any part thereof, City shall not be obligated to issue any building permit for construction of a single family dwelling on the Land while such violation is continuing, unless waived by City. 2. These Covenants and Restriction shall run with the Land and bind upon Declarants, their successors and assigns until released by City. Declarants: Brian Post Barry Post STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) )ss. The foregoing instrument was acknowledged before me this __ day of , 2000, by (name@) of person(s)). Notary Public Title My commission expires 2 PURGATORY CREEK ESTATES 2ND CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF RELEASE OF DEVELOPER AGREEMENT EXHIBIT E RESTRICTIONS AND COVENANTS FOR PURGATORY CREEK ESTATES 2ND ADDITION WHEREAS, the plat of Purgatory Creek Estates 2nd has been approved by the City Council on January 18,2000. WHEREAS, the City and the Developer have entered into that certain Developer Agreement dated January 18, 2000, for Purgatory Creek Estates 2nd (hereinafter referred to as Developer Agreement) which contains in Exhibit E certain restrictions and covenants encumbering each individual lot within the plat of Purgatory Creek Estates 2nd. WHEREAS, the restrictions and covenants of Exhibit E are to be released on a lot by lot basis at such time as the structure on each individual lot has met all City requirements for the issuance of a Certificate of Occupancy. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. That the Mayor and City Manager are hereby authorized to execute fiom time to time for each lot within Purgatory Creek Estates 2nd a release of the restrictions and covenants contained in paragraph 1 of Exhibit E to the Developer Agreement upon compliance by each lot with the City requirements for the issuance of a Certificate of Occupancy. ADOPTED by the Eden Prairie City Council on January 18,2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 3 PURGATORY CREEK ESTATES 2ND CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed fiom the Rural District and be placed in the R1-13.5 District. Section3. The proposal is hereby adopted and the land shall be, and hereby is removed fiom the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section5. The land shall be subject to the terms and conditions of that certain Developer’s Agreement dated as of January 18, 2000, entered into between Post Construction Company, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section6. This Ordinance shall become effective fiom and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of August, 1999, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of January, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on Exhibit A Purgatory Creek Estates Znd Legal Description: Registered Land Survey No. 0751, Tract C PURGATORY CREEK ESTATES 2ND CITY OF EDEN PRA_IoR1[E HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Wilderness Cove and Sunnybrook Road fiom Rural to R1-13.5 on 3.08 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is'available fiom City Clerk.) 6 DEVELOPER'S AGREEMENT PURGATORY CREEK ESTATES 2ND THIS AGREEMENT is entered into as of January 18, 2000, by Post Construction Company, a Minnesota company, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIFUE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Zoning Change from Rural to R1-13.5 on 3.08 acres, and a Preliminary Plat on 3.08 acres into 7 lots, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Ordinance No. for a Zoning District change from Rural to R1-13.5 and Resolution No. 99-132 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: Standard Conditions: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated July 14, 1999, reviewed and approved by the City Council on August 3, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for streets, public sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Developer shall pay a permit fee of five percent of construction value to City. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. Developer agrees to complete implementation of the approved street and utility plans prior to the second building permit issuance and a final construction report documenting the construction of public facilities. 4. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Propertyy Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion con&ol policy. The design professional shall provide a final report to the City certifymg completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall confonin to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing andor proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City upon request of City. 5. PERFORMANCE STAMDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the grading and construction of homes upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines in excess of applicable ordinances. 6. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer agrees to submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $1,000.00 (Cashier's Check) to guarantee that Developer completes implementation of the approved plan. The city agrees to return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 7. TREE LOSS - TREE REPLACEMENT: There are 192 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 82 diameter inches. Tree replacement required is 47 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 47 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-fOOt minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete implementation of the approved tree replacement plan prior to building permit issuance. 8. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 9. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land or construction of a single family dwelling thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building permit for construction of a single family dwelling on the Land while such a violation is continuing, unless waived by City. In order to secure performance of Developer's obligations pursuant to this paragraph, Developer shall file and record in the office of Hennepin County Recorder, a Declaration of Restrictions and Covenants in the form of Exhibit E attached hereto and made a part hereof, and provide to proof of such filing and recording to the City, prior to the issuance of any building permit for construction of a building on the Land. Upon completion of the construction of single family dwellings on each lot within the Land, City will sign and deliver a Release of the Declaration of Restrictions and Covenants in such form as is satisfactory to City, provided however, such form of Release shall be prepared and presented to City by Developer. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined in reasonable discretion by the City Manager of the City or a designee. CITY COUNCIL AGENDA SECTION: Consent Agenda Requested Action DATE: 01/18/00 ITEM NO. Move to: SERVICE AREA: Community Development Donald R. Uram Mike Franzen 0 Approve 2nd Reading of the Ordinance Amending City Code Chapter 1 1, Section 11.40 entitled Planned Unit Development (PUD) Concept and Section 11.70 entitled Sign Permits. ITEM DESCRIPTION: Planned Unit Development Code Amendment Synopsis This Code Amendment eliminates the minimum area required in a Planned Unit Development (PUD) and amends references made to a PUD in the sign code. A provision in Section 8, C, item 11 has been added to address land use and environmental issues within 1000 feet of a PUD. Attachments 1. Memorandum dated 01-1 1-2000 2. Ordinance for Code Amendment Memorandum TO: Mayor Harris and City Council FROM: Steve Durham THROUGH: Mike Franzen DATE: January 11 , 2000 SUBJECT: Planned Unit Development Ordinance Amendment The proposed code has been amended to include a section requiring a developer to submit land use information within 1000’ of a PUD. Below is the insert: A map drawn to scale of 1” = 200’ showing roads, structures, lakes, streams, ponds, wetlands, floodplains, vegetation, topography, utilities, sidewalks, trails, parks, zoning, and land use within 1,000 feet of the boundaries of a proposed PUD and an analysis of the impact the PUD would have on the above referenced items. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.40 ENTITLED “PLANNED UNIT DEVELOPMENT (PUD) CONCEPT” AND SECTION 11.70 ENTITLED “SIGN PERMITS” AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11 , Sec. 11.40 and Section 11.70 Shall be and hereby is mended to read as follows: SECTION 11.40. PLANNED UNIT DEVELOPMENT (PUD) CONCEPT. Subd. 1. PUD Concept Review. Any person or persons who may apply for a PUD may request a concept review (“PTJD Concept Review”) with respect to land which may be subject to a PUD. The purpose of a PUD Concept Review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility of a PUD proposal considered. PUD Concept Review shall consist generally of an informal consideration by the Planning Commission and the Council of such person’s PUD proposal. PUD Concept Review may be held with a public hearing. An application of PUD Concept Review may provide such information with respect to the request as the applicant shall deem appropriate in consultation with the City Planner. An applicant for PUD Concept Review shall pay all fees and costs provided for in this Chapter. Upon conclusion of a PUD Concept Review the Planning Commission and Council may make such recommendations and comments and take such action with respect to the proposal as they deem appropriate, provided, however, no approval under this Section shall constitute, or in the hture require, approval or formal establishment or designation of a PUD, zoning or subdivision by the Council of the land which is the subject of the PUD Concept Review. Subd. 2. Definition. As used in this Section, the term “original district” means a zoning district described in this Chapter. Subd. 3. Zoning District Supplement. Planned Unit Development District (“PUD”) is supplementary to a zoning district within or encompassing all or a portion or portions of one or more original districts in accordance with the provisions of this Chapter. Subd. 4. Purpose. The purpose of this Section is to: (1) Encourage a more creative and efficient approach to the use of land in the City; (2) Allow variety in the types of environment available to the people of the City; (3) Encourage more efficient allocation and maintenance of privately controlled common open space through the distribution of overall density of population and intensity of land use where such arrangement is desirable and feasible; and, (4) Provide the means for greater creativity and flexibility in environmental design than is provided under the strict application of the provisions of this Chapter and Chapter 12 (relating to subdivisions) of this Code while at the same time preserving the health, safety, order, convenience, prosperity, and general welfare of the City and its inhabitants. Subd. 5. Designation. All PUD's shall be designated in the legal description of the original district being supplemented. Source: City Code Effective Date: 9-17-82 Subd. 6. Permitted Uses. The permitted uses set forth in this Chapter pertaining to the original district or districts within a PUD shall apply to and be permitted uses in that part of a PUD in which such a district is encompassed, except as such use or uses may be limited 'by a development plan, an agreement or imposed by the City as a condition to approval of the PUD. Subd. 7. Zoning and Subdivision Standards and Requirements. All standards and provisions relating to an original district as set forth in this Chapter and to the subdivision of land as set forth in Chapter 12 (if land which is the subject of a PUD is or will be subdivided in connection with a PUD) shall apply to an original district situated within a PUD and to such land subdivided or to be subdivided unless any such standards or requirement has been modified or waived as provided in Subparagraph A and B hereof. A. Any standard or provision, except permitted uses, set forth in this Chapter relating to an original district may be waived or modified by the City provided the ordinance relating to such PUD sets forth specifically or by reference to a development plan or an agreement such modification or waiver. B. Any standard or provision set forth in Chapter 12 relating to the subdivision of land which is the subject of a PUD and is being or will be subdivided in connection with a PUD may be waived or modified as provided in Chapter 12. Subd. 8. Application. An applicant for a PUD shall submit in the application all of the material required by this Chapter for rezoning and if land encompassed within the PUD is to be subdivided, all of the material required by Chapter 12 of this Code relating to the subdivision of land. In addition, an applicant shall submit the following information: A. Project Identification. The following and such other information as is necessary to clearly and completely describe the project shall be provided: 1. Ownership. Identify all owners legal and equitable of and all encumbrances and easements upon the land within the proposed PUD. 2. Developer. previous experience and the nature and extent of their participation. Identify all parties involved in the development, including their 3. Financing of Project. Identify the source and type of financing of the project, including financing such as: Municipal Industrial Development Revenue Bonds, Housing Revenue Bonds, or otherwise. Y 4. Development Method. Describe what will be done with the project, if approved, and who will do it. Will the property be marketed undeveloped; rough graded; developed; or will the developer carry the project through actual construction of structures? Will structures be retained, sold, or leased? 5. Development Timing. Specify timing of each stage of development fiom initial site development through building construction. Any phasing of different portions of the project should be clearly explained. 6. Critical Public Decisions. Identify all governmental agencies which have review authority over any portion of the development, what aspect of the project required their review, and what approvals are necessary. Explain what public improvements would be necessary to serve the project, such as: utilities, roads, road improvements, parks, schools, etc. 7. Other Information. Include any other information necessary to explain the unique characteristics of the project. B. Plan Area Identification. Provide the following to identify the land included in the proposed PUD. 1. PUD Boundaries. A plan clearly denoting overall project boundaries. 2. PUD Area. A plan which shows the overall PUD area as well as parcels and their ownership within 1,000 feet of the PUD. 3. Regional Relationships. A description of regional factors the plan is predicated upon such as: market area, population centers, major roads, railroad, airport, proximity to Regional Services, etc. Also describe any impact the PUD would have on Regional Services and Systems. 4. Existing Land Use and Occupancy. 5. Existing Transportation Systems. Describe how the land within the PUD will be served by transportation systems and provide an analysis of the PUD's impact upon such transportation systems. If transportation systems are not adequate to accommodate the traffic expected fi-om the development, describe improvements necessary. Illustrate how the plan provides for pedestrian and bicycle sidewalks and trails and how they tie into the City-wide system. 6. Existing Zoning. A map which shows the existing zoning and zoning of adjacent parcels. A listing of any zoning -district changes or variances fi-om City Code provisions should be provided. 7. Guide Plan and PUD Concept Framework. A map which shows the Guide Plan Designation of the project and surrounding uses. If the plan was originally part of a PUD Concept Review, the plan reviewed should be submitted together with a comparative analysis of the proposed PUD. 5 8. General Analysis and Conclusions. C. Plan Area Analysis. Provide the following relating to analysis of the plan: 1. Two-foot contour topographic map depicting existing and proposed contours should be submitted at a scale of 1" = 100'. 2. A soils map depicting surface and subsurface conditions that may affect construction. 3. A map depicting vegetation of the site with detailed locations of trees 12" or over in diameter. 4. All water, streams, lakes, marsh, ponds, drainage, subsurface, flood plains, should be denoted on a site plan. 5. Photographs of the site sufficient to convey its general visual qualities and relationship to area and proposed development. 6. A general discussion of natural ecological factors, analysis and conclusions. 7. A utility plan which illustrates the easements, and general sewer, water, and power services to all uses. 8. Preliminary architectural drawings depicting normal detail achieved during "design development phase" of architectural design process (does not include single family detached housing). 9. Legal instruments for plan implementation including homeowner's association documents, scenic, pathway, drainage, or other easements and private documents, etc. 10. Housing or landhuilding use profile including computations of grosdleasable square footage, housing unit breakdown to square foot, bedrooms, persons/unit, parking requirements, etc. 11. A map drawn to scale of 1" = 200' showing roads, structures, lakes, streams, ponds, wetlands, floodplains, vegetation, topography, utilities, sidewalks, trails, parks, zoning, and land use within 1,000 feet of the boundaries of a proposed PUD and an analysis of the impact the PUD would have on the above referenced items. D. Fees and applications for a PUD shall be filed at the office of the City Planner. A non- refundable application fee in the amount established by the Council by resolution to defray administrative costs shall accompany each application. A deposit established by the City Planner shall accompany the application. The deposit or a portion thereof, will 6 be refunded after final Council action on the proposal if the total sum is greater than the administrative review cost, which may include, but not be limited to: 1. Consultant fees assisting in City review. 2. City Staff time expended in specific development review. 3. Mailing, legal notices and other administrative costs. 4. Any other reasonable costs incurred by the City in review of the proposal. Full payment by the proponent of all fees and costs for City review must be made prior to consideration of the application. Subd. 9, Public Hearing. A public hearing on an application for a PUD shall be held before both the Planning Commission and the Council. A notice of the time, place, and purpose of each hearing shall be published in the official newspaper at least ten days prior to the day of the hearing. When a PUD involves changes in district boundaries? a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the PUD relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. A. An application for a PUD may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until 60 days have elapsed from the date of referral to the Planning Commission. B. In the event land within a PUD is or will be subdivided in connection with a PUD, such subdivision pursuant to, or any waiver or modification of any provision of, Chapter 12 may be approved only upon compliance with such' additional procedures as are set forth in Chapter 12. Source: City Code Effective Date: 9-17-82 Subd. 10. Findings Required. The findings necessary for approval of a PUD shall be as follows: A. + The proposed development is not in conflict with the goals of the Guide Plan of the City. B. C. The proposed development is designed in such a manner to form a desirable and unified environment within its own boundaries. Any exceptions to the standard requirements of this Chapter and Chapter 12 of this Code are justified by the design of the development. 7 D. The PUD is of composition and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit, and the PUD shall be consistent with an approved PUD Concept. Source: Ordinance No. 24-91 Effective Date: 12-5-91 Subd. 11. Revisions and Amendments. A. Minor changes in the location, placement and height of buildings or structures as well as other matters set forth in the development plan, or any agreement, except as described in Subparagraph B below, may be authorized by the City Planner if required by engineering or other circumstances not foreseen at the time the final development plan was approved. B. Changes in uses as well as any modification or waiver of any standard or requirement relating to an original district or amendment of any waiver or modification thereof granted in connection with a PUD may be made only in accordance with the procedures applicable to amendments of this Chapter pertaining to zoning. Changes relating to any standard or requirement set forth in Chapter 12 pertaining to the subdivision of land or amendment of any waiver or modification thereof granted in connection with a PUD may be made only in accordance with the procedures provided in Chapter 12 of this Code pertaining to subdivision of land. Source: City Code Effective Date: 9-17-82 SECTION 11.70. SIGN PERMITS. Subd. 4. District Regulations. D. Planned Unit Development (PUD) With multiple uses. 1. That the developer submit after approval of the P.U.D., a schematic plan for informational, directional and advkrtising signage, explaining and illustrating: (a) Purpose of signage program and each sign. (b) Location - rezoning for plan. (c) Size - research data must be provided to prove to the City the need for signs larger than those normally allowed within this Section. (d) Design. (e) Material - color, texture, durability, type. (f) Information Needed - during sales programs. 8 (g) Final use or removal of signs. (h) Maintenance responsibilities and legal commitments. (i) Site and landscape plans which depict the design of the area surrounding the structure. 2. The signage program may include, but shall not be limited to: (a) Sector identification signs if approved by the Council. (b) Neighborhood markers which appear at the entrance to established neighborhood developments. (c) Aredproj ect identification signs marking housing, commercial, institutional and public mini-neighborhoods or clusters. (d) Individualized building name or number signs shall be allowed in accord with this Section, or as an approved element of architectural design. Section 2. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section3. This Ordinance shall become effective fiom and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 07th day of December, 1999, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of January, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.40 ENTITLED “PLANNED UNIT DEVELOPMENT (PUD) CONCEPT’’ AND SECTION 11.70 ENTITLED SIGN PERMITS” AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summw: This ordinance reduces the minimum area required in a Planned Unit Development (PUD) from 15 acres to no minimum size. References to a PUD minimum area in the sign code are adjusted accordingly. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on (A fill copy of the text of this Ordinance is available from City Clerk.) cFI71 COUNCIL AGENDA SECTION. Consent Calendar . SERVICE AREA/DIVISION: Parks and Recreation ' Stuart A. Fox, Natural Resources ITEM DESCRIPTION: Tax Forfeited Land ITEM NO: VI 2, Requested Action Move to: Approve the resolution authorizing the disposal of parcel 23-1 16-22-24-0073 as public property under the control of the City. Synopsis Attached is a list fiom Hennepin County certfied as non-conservation classification list 11 14- NC. This property has been pronounced tax forfeit to the State of Minnesota for non-payment of property taxes. As provided in State Statute. 282, Hennepin County has requested the City to make a recommendation as to the disposal of this parcel of land. The City has the option to approve the parcel for public auction, approve the parcel for sale to an adjacent property owner, withhold the property fiom auction for one year, or request conveyance of the property to the City for public use. The parcel of property is described as follows: Parcel PIN Description Pending Specials 1 23-1 16-22-24-0073 That part ofLot 1 embraced within the S1/4 0 of the NW1/4 of Section 23, Township 116, Range 22, Lot 1 , Block 1 of Eden Lake East. Background This parcel was created during the plating and recording of Lake Eden East. This parcel of land has been tax forfeit for nearly 12 years. In discussions with Hemepin County Tax Forfeited Land personnel, they would like to put this parcel on the auction for sale to an adjacent property owner. The parcel is extremely small, only 100 square fyet in size. Attachments: Non-Conservation List 1 114-NC Map SAF:mdd H\Stuart 2000\Tax Forfeit Memo CITY OF EDEN PRAIRlE HEMVEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received fiom the County of Hemepin Non- Conservation List 11 14-NC, which lists one (1) property in said municipality which have become property of the State of Minnesota for nonpayment of real estate taxes, (list attached), and WHEREAS, provided in Minnesota Statute 282, the City Council is asked to determine the disposal of these parcels of land, and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld fiom public auction for one year. Yl NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hemepin County to approve the disposal of this parcel in the following way: , The property be classified as non-conservation land. The following parcel of land be sold to the adjacent landowners. PIN 23-1 16-22-24-0073 (with no pending specials) ADOPTED by the City Council of the City of Eden Prairie this 18th day of January 2000. JeanL. Harris, Mayor . ATTEST: Kathleen Porta, City Clerk I x 5 x z O (0 a, Y- ... . 3 n r: R CITY COUNCIL AGENDA SECTION Consent Calendar SERVICE AREALDMSION ITEM DESCRIPTION DATE: January 18,2000 ITEM NO.: Requested Action Public Works-Engineering Randy Slick Move to: Adopt the resolution approving the final plat of Settlers,Ridge 4* Addition Final Plat Approval of Settlers Ridge 4* Addition YE Synopsis This proposal, located east of the intersection of Overland Trail and Frontier Place, the plat consists of 23.87 acres to be divided into seventeen single-family lots and two outlots. A portion of this plat is a replat of Lots 1-6, Block 2 and Lots 1 and 2, Block 3 Settlers Ridge 3rd Addition. Background Information The preliminary plat was approved by the City Council October 19, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was completed on December 21,1999. Approval of the final plat is subject to the following conditions: e e e e e e e e e e Receipt of engineering fee in the amount of $720.00 Receipt of street sign fee in the amount of $175.00 Execution of Special Assessment Agreement for trunk utility improvements The requirements as set forth in the Developer’s Agreement Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Prior to release of final plat, Developer shall submit a conservation easement for the protection of existing trees, slopes and burial mounds on the property Prior to release of final plat, Outlot B shall be dedicated to City for park purposes Prior to release of final plat, Developer shall submit to City Planner a reciprocal joint access and maintenance agreement for the shared driveway Revision of plat to include drainage and utility easement over Outlot A Revision of plat to include drainage and utility easements over the slopes and burial mounds on Lots 8-10, Block 1 Attachments Drawing of final plat RS:ssa CITY OF EDEN PRAIRIE HE"EPlN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SETTLERS RIDGE 4TH ADDITION WHEREAS, the plat of Settlers Ridge 4* Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and .all proceedings have been duly had thereunder, and WHEREAS, said plat .is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: ' A. Plat approval request for Settlers Ridge 4'h Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 18,2000. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on January 18,2000. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk a ll 3 .. JJJ If 1.9 II 0. CITY COUNCIL AGENDA SERVICE AREADIMSION Public Works-Engineering Randy Slick SECTION Consent Calendar I ITEM DESCRIPTION Final Plat Approval of Stahl Addition DATE: January 18,2000 ITEM NO.: YG. Requested Action Move to: Adopt the resolution approving the final plat of Stahl Addition Synopsis This proposal, located along Bluff Road and east of Wild Duck Pass, consists of 2.58 acres to be divided into two single-family lots. Background Information The preliminary plat was approved by the City Council July 6, 1999. Second Reading of the Rezoning Ordinance was completed on July 20, 1999. Approval of the final plat is subject to the following conditions: Receipt of engineering fee in the amount of $280.00 0 Receipt of street lighting fee in the amount of $424.80 Execution of Special Assessment Agreement for trunk utility improvements 0 The requirements as set forth in the Developer’s Agreement Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways-certified by surveyor 0 Revision of plat to include a 10-foot drainage and utility easement along Bluff Road. Attachments Drawing of final, plat RS:ssa CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF STAHL ADDITION WHEREAS, the plat of Stahl Addition has been submitted in a manner required for platting land . under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and .. requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE JT RESOLVED BY THE EDEN PRAIRIE CITY COUNClh A. Plat approval request for Stahl Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 18,2000. B. ' That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on January 18,2000. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk > m I I I ........... "I I..,.,. .. a ,.I,., - ..-.-.a,, *.-.4".. ..... .. 'i I I SERVICE ARFMDIVISION Public Works-Engineering ' Randy Slick CITY COUNCIL AGENDA ITEM DESCRIPTI[ON Final Plat Approval of Scenic Heights Office Addition DATE: January 18,2000 ITEM NO.: V' H, Requested Action Moveto: Adopt the resolution approving the final plat of Scenic Heights Office Addition. Synopsis This proposal, located on the north side of Scenic Heights Road between Hiawatha Avenue and Sheridan Avenue. The plat consists of 4.06 acres to be divided into one lot and right-of-way dedication for street purposes. The proposed site will consist of two single-story office buildings totaling 36,080 square feet. Background Information The preliminary plat was approved by the City Council November 16, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on December 21, 1999. Approval of the final plat is subject to the following conditions: e e e .e e e e Receipt of engineering fee in the amount of $442.54 Receipt of street lighting fee in the amount of $421.40 Execution of Special Assessment Agreement for trunk utility improvements The requirements as set forth in the Developer's Agreement Prior to release of final plat, Developer shall submit a private utility and maintenance agreement for use and maintenance of the storm sewer between Developer and Dri- Prior to release of final plat, Developer shall enter into an access agreement with the City. The agreement shall address the rights of the City for vehicle access, including ingress and egress through the property Revision of plat to include the removal of the drainage and utility easement title over NURP pond steam, Inc. ' Attachments Drawing of final plat RS:ssa I CITY OF EDEN PRAIRIE HE"EPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SCENIC HEIGHTS OF~ICE ADDITION WHEREAS, the plat of Scenic Heights Ofice Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Scenic Heights Ofice Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 18,2000. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on January 18,2000. ATTEST Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk 2 0 r ;i3 n a W 0 U LL 0 cn I- = (3 I 0 W 0 cn - iii z f " L X3018 F s +co-calFO 3 2 W W I: v) N Lr 0 c c W W I: u) I v) v) 2 9 0 0 m m z !2 P 0 4 m m (0 3 rn < K N r / a 2 m 0 - - a 5 C C n CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 18,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: I ITEMNO.: Public Works Engineering Services Randy Slick Final Plat Approval of Purgatory Creek Estates 2nd SI Requested Action Move to: Adopt the resolution approving the final plat of Purgatory Creek Estates 2nd Synopsis This proposal, located north of Sunnybrook Road and west of Wilderness Cove. The plat consists of 3.08 acres to be divided into seven single family lots and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council August 3, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on January 18,2000. Approval of the final plat is subject to the following conditions: Receipt of engineering fee in the amount of $315.00 0 Receipt of street lighting fee in the amount of $1,539.90 Receipt of street sign fee in the amount of $478.70 Satisfaction of bonding requirements for the installation of public improvements The requirements as set forth in the Developer's Agreement Attachments Drawing of final plat RS:ssa CITY OF EDEN PRAIRIE HEN" COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PURGATORY CREEK ESTATES 2ND WHEREAS, the plat of Purgatory Creek Estates 2nd has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Purgatory Creek Estates 2nd is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 18,2000. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing 'provisions. ADOPTED by the Eden Prairie City Council on January 18,2000. ATTEST Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk c P I c c d w I 'I 3 CITY COUNCIL AGENDA ~ ITEMNO.: V" 3-• SERVICE AREADIVISION Public Works Engineering Services Randy Slick DATE: January 18,2000 ITEM DESCRIPTION Final Plat Approval of Bearpath Townhomes 8& Addition Requested Action Moveto: Adopt the resolution approving the final plat of Bearpath Townhomes 8& Addition Synopsis This proposal is a replat of Outlot G of Bearpath Townhomes. The plat consists of .24 acres to be divided into three townhome lots. Background Information The preliminary plat was approved by the City Council November 21, 1993. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on December 21, 1993. Approval of the final plat is subject to the following conditions: 0 Receipt of engineering fee in the amount of $280.00 0 The requirements as set forth in the Developer's Agreement Attachments Drawing of final plat RS : ssa I OF EDEN PRAIRIE HEN" COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARPATH TOWNHOMES gTH ADDITION WHEREAS, the plat of Bearpath Townhomes Sfi Addition as been submitted in a manner required for platting under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAlRlE CITY COUNCIL: A. Plat approval request for Bearpath 8* Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 18, 2000. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on January 18,2000. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk 6 ci n z 0 5 - 1 1' ~, w'ie UF,LZ.WS . :,- LA- (,I LLJ I P 3 Service Area: Public Works Leslie Stovring Date: January 18,2000 Item No.: Item Description: Recycling Grant Resolution Requested Action Moveto: Adopt Resolution for submittal of an application for the 2000 Hennepin County Residential Recycling Funding Policy Grant. Synopsis The City of Eden Prairie submits a Residential Recycling Grant Application to Hennepin County on an annual basis. The majority of these fhds are distributed to residents with individual service as a recycling rebate on their utility bills. The funding is expected to be similar to 1999 levels at approximately $145,000 for the year. Hennepin County has requested a current Resolution in order to process the 2000 Recycling Grant. A copy of the Resolution must be on file with Hennepin County prior to distribution of the 2000 Recycling Grant funds to the City. Attachments Proposed Resolution. CITY OF EDEN l%URIE E~NNEPIN COUNTY, MINNESOTA RESOLUTION No. -SOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE 2000 HENNEPIN COUNTY MUNICIPAL SOURCE-SEPARATED RESIDENTIAL RECYCLING GRANT PROGRAM WHEREAS, pursuant to Minnesota Statute 115A.551, each county must develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal; WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its.recycling goals; WHEREAS, the County has adopted a Hennepin County Residential Recycling Funding Policy for Source-Separated Recyclables to distribute funds to cities for the development and implementation of waste reduction and recycling programs fi-om January 1 , 2000 through December 3 1 , 2004; WHEREAS, to be eligible to receive these County fimds, cities must meet the conditions set forth in the “funding policy”; and NOW, THEREFORE, BE IT RESOLVED, that the city council authorizes the submittal of the 2000 Municipal Recycling Grant Application for the Hennepin County Residential Recycling Programs; and BE IT FURTHER RESOLVED, that as a condition to receive funds under the Hennepin County Residential Recycling Funding Policy the City agrees to implement recycling programs as committed to by its submission of the 2000 Hennepin County Municipal Residential Recycling Grant Application. ADOPTED by the Eden Prairie City Council January 18,2000. Jean L. Harris, Mayor SEAL ATTEST: Kathleen A. Porta, City Clerk a CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 01/18/00 SERVICE AREADMSION: ITEM DESCRIPTION: Community Development Donald R. Uram Michael Franzen CSWStarkey Office Center ITEM NO.: Requested Action Move to: Close the Public Hearing; and Adopt the Resolution for PUD Concept Amendment; and Approve lSt Reading of the Ordinance for PUD District Review and Zoning District Amendment in the 1-5 Zoning District; and Direct Staff to prepare a Developer’s Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis This project is an 83,012 square foot office-warehouse building located in the Research Addition off Flying Cloud Drive (near Starkey Laboratories). The site is zoned 1-5, and would allow a maximum building footprint of 171,583 sq. ft. of which 85,000 sq. ft. could be office. Background Information The project requires the following waivers fiom the City Code as part of the PUD: Parking setback from 75 feet to 41.75 feet This will provide the required room for wetland buffers and setbacks. Increase the allowable office use from 50 -75% The building meets office standards for exterior materials and landscaping. Traffic generation is less than if the site was developed according to code for an industrial use. Tree replacement and landscaping requires a total of 1,20 1 caliper inches. Due to the amount of land needed for wetland buffer and wetland replacement, it is not possible to fit all of the trees on site. The developer is proposing offsite replacement for 503 inches. The project meets the requirements of the pending wetland ordinance. The proponent will need to work with City, 1-494 Corridor Commission, and Southwest Metro Transit Commission to implement TDM program as part of the project approval. The Planning Commission voted 6-0 to recommend approval of the project at its December 13, 1999 meeting. The Parks, Recreation, and Natural Resources Commission voted 5-0 to approve the project at the December 20, 1999, with the recommendation that offsite tree replacement be placed on other CSM projects, in particular, the Outlot A associated with the Home Depot project as one option. Attachments 1. 2. 3. Resolution for PUD Concept Amendment Planning Staff Report dated December 10,1999 Planning Commission Minutes dated December 13, 1999 CSWSTARKEY OFFICE CENTER CITY OF EDEN PWdRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99-- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF CSWSTARKEY OFF'ICE CENTER FOR CSM EQUITIES, LLC WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept Amendment of certain areas located within the City; and WHEREAS, the City Planning Commission did conduct a public hearing on CSWStarkey Office Center PUD Concept Amendment by CSM Equities, LLC., and considered their request for approval for development and recommended approval of the requests to the City Council; and WHEREAS, the City Council did consider the request on January 18,2000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. CSWStarkey Office Center, 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 Amendment approval as outlined in the plans dated January 11 , 2000. 3. That the PUD Concept meets the recommendations of the Planning Commission dated December 13, 1999. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 3 CSWSTARKEY OF'F'ICE CENTER EXHIBIT A Legal Description: Lot 1, Block 1, Research 2"d Addition 4 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: OWNER. LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner December 10,1999 CSM Starkey Office Center CSM Corporation Starkey Labs Flying Cloud Drive 1. 2. 3, 4. Planned Unit Development Concept Review on 13.13 acres Planned Unit Development District Review on 13.13 acres Zoning District Amendment in the 1-5 District on 13.13 acres Site Plan Review on 13.13 'acres. Staff Report CSM Starkev Office December 10,1999 BACKGROUND The site is currently guided industrial. The site is 1-5 Industrial. SITE PLAN, COMMERCIAL, OFFICE, AND INDUSTRIAL The site plan shows the construction of a 83,013 square foot building. The base area ratio for the proposed building is .08. The City code permits up to a .30 base area ratio. The floor area ratio is .08. The City code permits up to a .50 floor area ratio. The building meets the setback requirements of the 1-5 zoning district. The amount of parking required is 348 spaces. The plan meets this requirement. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers fi-om the city Code. Parking setback from 75 feet to 41.75 feet. This is a reasonable waiver in order to provide the required room for wetland buffers and setbacks. 0 Increase in allowable office use from 50 -75% This is a reasonable waiver. The building meets office standards for exterior materials and landscaping. Traffic generation is less than if the site was developed according to code for an industrial use. GRADING AND TREE LOSS There are 1,540 diameter inches of significant trees on site. The trees are primarily cottonwood and scattered throughout the site. Tree loss is 855 inches or 55%. Tree replacement is 682 inches. ARCHITECTURE The buildings meet the exterior material requirements. Mechanical equipment will be screened by a parapet wall. LANDSCAPING The amount of landscaping required is based on caliper inches according to building size and tree replacement. The amount of caliper inches required is 519 inches. The plan meets this requirement. The amount of tree replacement required is 681 inches. Due to the amount of land needed for wetland buffer and wetland replacement, it is not possible to fit all of the replacement trees on site. The developer is proposing offsite replacement for 503 inches. Staff Report CSM Starkey Office December 10,1999 WETLANDS There are four wetlands (45,852 SF) on the property. Three are low quality and one is moderate quality. A portion of the low quality wetlands will be filled and replaced with moderate quality wetlands. The existing moderate quality wetland will be expanded and upgraded to a wooded wetland. Wooded moderate quality wetlands are limited in the City and it is important to expand them when possible. The project meets the requirements of the pending wetland ordinance. UTILITIES AND DRAINAGE Sewer and water is available on site. TRAVEL DEMAND MANAGEMENT Since 1998, the City Council has required new office projects to adopt Travel Demand Management (TDM) plans to reduce peak hour traffic. Other developments such as Best Buy, Crosstown Circle Center, Flagship Corporate Center and Oakview Office have developed TDM plans. Some ways in which TDM can have the greatest impact on reducing peak hour capacity problems include the following: e Staggered work hours, or flextime. Car pools and Van pools, including working with other corporations. e e Telecommuting e Establishing a TDM coordinator e Park and Ride lots e Transit services The proponent will need to work with City, 1-494 Corridor Commission, and Southwest Metro Transit Commission to implement TDM program as part of the project approval. STAFF RECOMMENDATIONS The Planning Commission should recommend approval of the Planned Unit Development Concept Amendment Review, Planned Unit Development District Review, Zoning District Amendment in the 1-5 Zoning District, and Site Plan Review , based on plans dated November 22,1999 and subject to the recommendations of the staff report dated December 10, 1999, and subject to the following conditions: 1. Prior to final plat approval, the proponent shall: Staff Report CSM Starkey Office December 10,1999 A. Submit detailed storm water runoff, utility and eroslm control plans for review by the Watershed District. Offsite drainage must be included in the final stormwater plans. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. 3. Prior to Building Permit issuance, the proponent shall: A. Pay the appropriate cash park fee. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit samples of exterior building materials for review. D. Submit a landscaping and screening bond for review. 4. The following waivers fYom the City code are granted as part of the Plahned Unit Development District review in the Office Zoning District: A. Parking setback from 75 to 41 feet. B. Increase in office use fiom 50 - 75%. PLANNING COMMISSION MINUTES PAGE 2 DECEMBER 13,1999 MOTION: Sandstad moved, seconded by Clinton, to continue the public hearing until the January 24,2000 Planning Commission meeting. C. Request for Planned Unit Development Concept Review on 25.37 acres, Planned Unit Development District Review with waivers on 25.35 acres, Zoning District Amendment within the 1-5 Zoning District, and Site Plan Review on 25.37 acres. Location: 14165 Lone Oak. EATON CORPORATION PUD by Eaton Corporation. Franzen reported the applicant had submitted a letter requesting a continuance of the public hearing until the January 24,2000 Planning Commission meeting in order to update its development plans. MOTION: Clinton moved, seconded by Alexander, to continue the public hearing until the January 24,2000 Planning Commission meeting. D. CSWSTARKEY OFFICE CENTER by CSM Equities, LLC. Request for Planned Unit Development Concept Amendment on 13.13 acres, Planned Unit Development District Review with waivers on 8.4 acres, Zoning District Amendment within the 1-5 Zoning District, and Site Plan Review on 8.4 acres. Location: Flying Cloud Drive and Crosstown Circle. Mark Dahlin, CSM Corporation, gave a brief overview of the project, which consists of an 83,000 s.f. office showroom site. The applicant had worked with Staff to develop a plan that would work on the property. Sandstad requested additional information regarding the expansion and upgrading of the moderate quality wetlands to a wooded wetland. Jesse Symynkywicz, ROK Systems, indicated wooded wetlands along the north of the property were being preserved and cottonwood trees were being added. Clinton asked if the tree loss was actually 55%. Jesse Symynkywicz responded that locating the building and parking on the site had been difficult due to the slope of the property. The amount of land needed for wetland buffer and wetland replacement made it impossible to replace all the trees and adding trees at a park or other location was being proposed. Foote asked if the applicant was prepared to participate in the Travel Demand Management plans. Dahlin indicated they would be working towards implementing a TDM program. Franzen reported he had spoken with the City Forester regarding the tree loss. It was difficult to save a lot of the trees on the property due to their location. In trying to strike a balance between tree and wetland preservation, Staff had made the decision that the wetlands were more important than the tree loss. Parking setback waiver fiom 75 ft. to 41.75 ft. was recommended due to the required space needed for wetland buffers and setbacks. Staff recommends approval based upon recommendations contained in the Staff Report of December 10, 1999. MOTION: Habicht moved, seconded by Clinton, to close the public hearing. Motion carried 5-0. Habicht indicated preserving the wetland was a good tradeoff for the tree loss and supported the project. MOTION: Habicht moved, seconded by Clinton, to recommend to the City Council approval of the request of CSM Equities, LLC , for Planned Unit Development Concept Amendment on 13.13 PLANNING COMMISSION MINUTES PAGE 3 DECEMBER 13,1999 V. VI. VII. acres, Planned Unit Development District Review with waivers on 8.4 acres, Zoning District Amendment within the 1-5 Zoning District, and Site Plan Review on 8.4 acres based on plans dated November 22, 1999, and subject to the recommendations of the Staff Report dated December 10, 1999. Motion carried 5-0. E. WETLAND ORDINANCE REVIEW. Leslie Stovring, Environmental Coordinator, provided a detailed description of the proposed wetland ordinance. The proposed ordinance would establish standards for protection of wetlands including establishment of buffers based on the quality of the wetland affected by any proposed development, avoidance of water level fluctuations to the wetland during storm and snow melt runoff events based on the quality of the wetland, placement of permanent monuments on the wetland buffer edge, water quality testing for exceptional wetlands, reseeding or replanting of wetland buffers if disturbed, additional wetland documentation and description of boundaries. The City's Wetland Inventory had classified each wetland's quality as excellent, high, moderate or low. The task force had proposed required buffer widths of 25 ft. for low and moderate quality wetlands and 50 ft. for high and exceptional quality wetlands, as well as an additional 15 ft. setback from the buffer to any structure. Sandstad indicated the 15 ft. setback was rather close to the wetland and asked how carefully that distance had been reviewed. Stovring responded that it gave developers some direction. No concrete or parking could be placed that close just sod. Sandstad asked if there was a requirement to have 4-8 ft. of transititional planting or mow up to the wetland. Stovring indicated those guidelines were still being developed. Franzen related that projects would still be reviewed individually and evaluated on the total project. Review would be no different from how the Planning Commission evaluates buffer zones. Franzen related the proposed ordinance had been reviewed and applied to projects which had been considered during the past few years. Their conclusion was compliance would not be a burden on property owners or developers. MOTION: Sandstad moved, seconded by Lewis, to close the public hearing. Motion carried 5-0. MOTION: Sandstad moved, seconded by Habicht, to recommend to the City Council approval of the proposed Wetland Ordinance. Motion carried 5-0. PUBLIC MEETING MEMBERS' REPORTS Sandstad's term as Commissioner of the Planning Commission would be complete at the end of December 1999. Sandstad conveyed his conveyed his appreciation to the other Commissioners and Staff for their efforts with respect to the Planning Commission. Chairman Foote thanked Commissioner Sandstad for his efforts and planning expertise. CONTINUING BUSINESS Vm. NEW BUSINESS M. PLANNERS' REPORTS MEMORANDUM To: Parks, Recreation and Natural Resources Commission Bob Lambert, Director Parks and Recreation Services A Through: From: Stuart A. Fox, ?tr- anager Parks and Natural Resources Date: December 15, 1999 Subject: Supplemental Staff Report to the December 10, 1999 City Planners Report for CSM Starkey Office Center BACKGROUND: This project is located along Flying Cloud Drive adjacent to Physical Electronics and Starkey Labs. The site is 13.13 acres in size and is guided for industrial development. The proposed project includes construction of an 83,000 square building with 348 parking spaces. NATURAL RESOURCE ISSUES: Tree LossLandscaping The majority of the trees on this site are cottonwood. There is a total of 1,540 diameter inches of trees as defined as sigdicant by City Code. The tree loss is 855 diameter inches or 55%. Mitigation for this tree loss is 682 caliper inches. Thirty-nine trees will be removed due to construction, two of which are oaks and the remaining cottonwood trees. The average age of the cottonwood trees being removed is approximately 30 years. This area has grown up as a monoculture of cottonwood trees over the last many years due to the wet soil conditions. The landscaping plan that has been submitted indicates that 182 trees are being planted on this site. This totals 519 caliper inches of landscaping material and is divided between deciduous trees coniferous material. The majority of trees being planted on this site are deciduous. Between trees required for screening and landscaping and tree loss mitigation, the plan is short 503 caliper inches of material. The developer has proposed planting the trees off site on City property or other property owned by CSM. The proposed landscape plan plants nearly five trees for each tree that is being removed for conskction. CSWStarkey Office Center December 15,1999 Page 2 Wetlands There are four wetland areas on this site totaling 1.05 acres. Grading will impact two of the wetland areas and mitigation for grading is proposed on site. Two of the wetland areas will be increased in size to provided mitigation for wetland fill. This project does meet the requirements of the pending City. Wetland Ordinance. NURP Pond A storm water pond is proposed in the southwest corner of this project. This pond would receive water fiom the building roof and parking lot areas and provide sedimentation prior to discharge into the wetland immediately east of the proposed pond site. The developer needs approval €torn the' City Engineering Department ' and Watershed District prior to construction of this NURP pond. n RECOMMENDATION 1- - This project was reviewed at the December 13, 1999 Planning Commission meeting and was approved on a 6-0 vote. Staff would recommend approval of the project based on the information contained in the December 10, 1999 Staff Report by the City Planner and supplemental information within this report. SAF:mdd H:Etuart\CSM Starkey Report Parks, Recreation and Natural Resources Commission December 20, 1999 Page 2 Stu Fox explained that a pine plantation was planted on the property in the early 1970’s. The trees were planted five-foot on center, and because of the spacing, many are not in the best of health. This plantation was evaluated by Kathyrn Fernholtz of Westwood Engineering. As a result of this and the cities’ evaluation, tree loss would be 90%, or 2,791 inches. It is recommended that the pine plantation be discounted, and that the other significant trees be used as a basis for tree loss calculations. This results in 30% tree loss, with replacement of 334 caliper inches of landscape material. The property to the north is undeveloped, and there will be a temporary cul-de-sac at the end of Coldstream Lane to connect with future development. The present five-foot sidewalk should be continued so to link up to the development on the north. Cornielle asked how the walking paths would be connected so residents could cross Hwy 212. Fox said there are signals for crossing #212 at the entrance to the Vo-tech. There is a proposed hture trail along the creek under the #212 bridge, which will connect, to Sunnybrook Road. Improvements are needed to better control the creek flow. Koenig asked about the quality of the wetlands on the west side of the development, and how they will be protected. Fox said there would be a wetland buffer that meets the city code. Koenig asked if the 334 replacement trees would be deciduous. Fox explained there would be a mix of trees. Seven new trees will be planted to replace each one tree removed, discounting the pine plantation. The city is accepting the forestry report, due to the poor condition of the trees in the pine plantation. Koenig was concerned about the exception made in this case, and the precedent set. Corneille moved to accept the Sunnybrook Cove development as recommended in the November 19, 1999, staff report. Wilson seconded. Approved 5-0. B. - CSM STARKEY OFFICE CENTER The proposed development is located in the Golden Triangle’along old Flying Cloud Drive adjacent to Starkey Labs. The project consists of an 83,000 square foot building with 348 parking spaces located on 13.13 acres. Jesse Symyskzwicz of RLK Civil Engineers was present to discuss wetland issues. The wetlands in the center of the site will be removed. Mitigation will occur by expanding the wetland on the south side. Replacement of wetlands will be on a one-to-one ratio. Monuments will mark the wetland areas. Buffers consist of conservation easements, and will be seeded, not sod. About 50% of the trees will be saved. The east side will have five-foot walls, which will protect the tree roots. There will be a 30-foot parking setback on the west side. I3 Parks, Recreation and Natural Resources Commission December 20,1999 Page 3 Fox reported there are 1,540 inches of sigmficant trees. Tree loss is 855 diameter inches, or 55%. Wetland species will be planted around the ponds. Five trees will be planted for each one lost. Some tree mitigation will be on the Starkey property. Brown is concerned about the parking setback and the increase in office space. Fox said the project is guided for industrial development and consistent with adjacent property usage. Koenig questioned the amount of wetland being filled. About one half acre, or 44% of the wetland will be removed. Also, what type of landscaping is included in a “wooded wetland”. Fox said mitigation is based on current conditions, Tree mitigation will include species that can survive water, including shrubs, cottonwoods, tamaracks, and river birch. Mitigation will also include putting trees on other sites, which may include city property and boulevards. In this case, the city would take the cash and do the planting. Koenig asked if the conservation easement is a part of the developer’s agreement, which would exclude any buildings or grading. Jacobson asked how the easement would be marked, where would the monuments be placed, and what type of signage or material would be used for the markers. Fox said the monument markers are permanent and the requirements are in the proposed City Wetland Ordinance. VI. VII. VIII. IX. MOTION: Wilson moved to approve the CSM Starkey Office Center as recommended in the staff report of the December 15, 1999. Jacobson seconded. The motion was approved 5-0. OLD BUSINESS Koenig inquired as to when the Wetlands Inventory would be completed. Fox said he doesn’t know if it is completed yet, but will check on when it will be ready. NEW BUSINESS REPORTS OF COMMISSIONERS AND STAFF ADJOURNMENT MOTION: Wilson moved to adjourn the meeting at 8:OO p.m. Jacobson seconded. It was approved 5-0 to adjourn the meeting of the Parks, Recreation, and Natural Resources Commission. CITY COUNCIL AGENDA SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development Donald R. Uram Michael D. Franzen ITEM DESCRIPTION: Homeland Addition DATE: 01/18/00 P ITEM NO.: Requested Action The Council can choose amongst the following options: 1. Allow the proponent to withdraw the project. 2. Prepare the project for denial. 3. Approve the project based on the recommendations of the Staff Report dated November 19,1999. 1. Withdrawl Option (with proponents consent only) MOTION: Move to: 0 Close the Public Hearing and return the plans to the proponent without prejudice. 2. Prepare for Denial Option MOTION: Move to: Continue the public hearing to February 1,2000; and 0 Direct Staff to prepare findings supporting a denial of the PUD Concept Amendment, PUD District Review with waivers, Zoning District Amendment, and Preliminary Plat. 3. Approval Option MOTION: Move to: Close the Public Hearing; and Adopt the Resolution for PUD Concept Amendment; and 0 Approve lSt Reading of the Ordinance for Zoning District Review and Zoning District Amendment within the R1-13.5 Zoning District on 1.32 acres; and Adopt the Resolution for Preliminary Plat of 1.32 acres into 3 lots; and Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). 1' \EP-FSl\SYS\CTPIWIDRComm DeWrojectsMctive FilesWomeland AdditimlCC 1st meeting mver sheet option2 - 01-1800.doc Synopsis This project is the subdivision of 2 single-family lots into 3 single-family lots. The site is located at 8802 and 8804 Knollwood Drive. Background Information The Planning Commission voted 6-0 to recommend denial of the project at its November 22, 1999 meeting for the reasons stated below: 1. The existing large lots are a density transfer for the existing Ridgewood Cluster lots and provide a transition between the cluster lots and the large lots to the south. 2. The subdivision is inconsistent with the character of the neighborhood and the approved Planned Unit Development. 3. The existing lots have a lot frontage waiver from Knollwood Drive. 4. When the existing lots were subdivided, access from the south was not anticipated. Street fiontage to the south was created by the Jenkins and Starnvood Additions. 5. The plan did not justify the requested waivers. 6. High percentage of tree loss. Attachments 1. 2. Resolution for Preliminary Plat 3. 4. Resolution for PUD Concept Amendment Planning Staff Report dated November 19,1999 Planning Commission Minutes dated November 22, 1999 G.3 \EF’-FSl\SYS\CTTYWIDE\Comm. DeWrojeclsV\ctive FilesWomdand AdditionICC 1st meeting cover sheet option 2 - Ol-lW0.doc HORNELAND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HORNELAND ADDITION FOR CENTEX HOMES 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 City Planning Commission did conduct a public hearing on the Homeland Addition PUD Concept by Liv Horneland and Mark McKay and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS, the City Council did consider the request on January 18,2000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Horneland 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 dated January 12,2000. 3. That the PUD Concept meets the recommendations of the Planning Commission dated November 22,1999. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 3 Exhibit A Homeland Addition Legal Description: Lots 11 and 12, Block 5, Ridgewood West 4 HORNELAND ADDITION CITY OF EDEN PRATRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF HORNELAND ADDITION FOR LN HORNELAND AND MARK McKAY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the Horneland Addition for Liv Homeland and Mark McKay dated January 12,2000 and consisting of 1.32 acres into 3 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 18th day of January, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 5 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT/ FFCE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner November 19,1999 Homeland Addition Liv Homeland and Mark MacKay 8802 and 8804 Knollwood Drive. 1. Planned Unit Development Concept Amendment of 1.32 acres to the Ridgewood West Planned Unit Development. 2. Planned Unit Development District Review with waivers on 1.32 acres. 3. Zoning District Amendment in the R1-13.5 Zoning District on 1.32 acres. 4. Preliminary Plat of 1.32 acres into 3 single-family lots. Staff Report Homeland Addition November 19,1999 BACKGROUND The Comprehensive Guide Plan shows this property as medium density residential for up to 10 units per acre. Surrounding land to the west, south, and southeast is guided low density. Land use to the north and northeast is guided medium density. The property is currently zoned R1-13.5. Surrounding land is zoned R1-13.5. The property is part of the original Centex Midwest Inc. Addition known as Ridgewood West Planned Unit Development (1978.) This PUD included approximately 88 acres and 176 single-family homes. Centex amended the PUD in 1982 (Rzdgewood West Two). This 64-acre PUD included 168 single family cluster homes and 168 Condominiums at a density of 5.29 units per acre. There was a guide plan change from Low Density to Medium Density. The overall density including Ridgewood West and Ridgewood West 2nd Addition is 3.2 units per acre. PRELIMINARY PLAT The proposal is to subdivide two existing lots into three lots. The lot sizes meet the minimum requirements of the R1-13.5 zoning district. Proposed lot 3 does not meet the minimum lot width of 85' on a public right or way or the minimum lot with of 55' on a cul-de-sac. PLANNED UNIT DEVELOPMENT WAIVER The plan requires a street frontage waiver from 85 feet to 25.69 feet for proposed lot 3. The existing lots 11 and 12 were approved with frontage on Knollwood Drive to the north in 1978. A waiver was granted for street frontage from 55 feet to 45 feet for each lot. This waiver would need to be carried over with the proposed plat. There originally was no access to the south since the proposed lots abutted undeveloped land. When the Stamvood and Jenkins additions were approved in 1987, existing lot 11 attained 16 feet of frontage and exiting lot 12 attained 9.69 feet of frontage on a public right of way. Any property owner abutting a city right of way can use the adjoining street for access, provided the driveway can be constructed to City Code requirements. The City is not obligated to grant a waiver for street fi-ontage for the proposed third lot. Staff Report Horneland Addition November 19,1999 Historically the City has granted waivers for lot frontage when: 0 0 The waiver results in a better environmental plan for saving trees, slopes, and wetlands. The waiver does not increase the density beyond what would develop if the plan meets all code requirements. Reasons to consider the waiver are: 0 0 0 The lot size is consistent with the area. The lot sizes range fiom 12,000 to 39,200 with an average lot size of 18,000. The proposed lot meets setback requirements. The subdivision will not change the character of the neighborhood. Reasons for not considering the waiver are: 0 The existing large lots are a density transfer for the existing Ridgewood Cluster lots and provide a transition between the cluster lots and the large lots to the south. 0 The subdivision is inconsistent with the character of the neighborhood and the approved Planned Unit Development. The existing lots have a lot frontage waiver from Knollwood Drive. 0 When the existing lots were subdivided, access fi-om the south was not anticipated. Street frontage to the south was created by the Jenkins and Stmood Additions. GRADING AND TREE LOSS Grading for the property will be only for the new house pad on proposed lot 3. A total of 92 diameter inches of significant trees are on the property. Tree loss is calculated at 60 diameter inches, or 65%. The average tree loss for residential development is 30%. Tree replacement is 52 caliper inches or 17 trees. The plan indicated 15 trees. RECOMMENDATION Alternate One If the Planning Commission is comfortable with the street frontage waiver and subdivision, one option would be to recommend approval of a Planned Unit Development Concept on 1.32 acres to the Ridgewood West Planned Unit Development, Planned Unit Development District Review with waivers on 1.32 acres, Zonihg District Amendment in the R1-13.5 on 1.32 acres, and Preliminary Plat of 1.32 acres into 3 single-family lots based on plans dated October 4,1999, the Staff Report dated November 19, 1999, and the following conditions: Staff Report Homeland Addition November 19,1999 1. Prior to City Council Review, the proponent shall submit a tree replacement plan for 52 caliper inches of tree replacement. 2. Prior to release of the final plat, the proponent shall submit a detailed storm water runoff, utility and erosion control plans for review by the City Engineer. 3. Prior to grading or any construction on the property, the proponent shall notify the City Engineer , Watershed District, and City Forester. Construction fencing must be in place and approved by the City Forester prior to grading and tree removal. 4. Prior to Building Permit issuance, the proponent shall pay the Cash Park Fee and submit a tree replacement bond for review. 5. Planned Unit Development waiver is granted for lot frontage from 85 feet to 25.69 feet. Alternative Two If the Planning Commission were not comfortable with the lot frontage waiver and subdivision as proposed, then one option would be to recommend denial of the project for the following reasons: 0 0 0 0 The existing large lots are a density transfer for the existing Ridgewood Cluster lots and provide a transition between the cluster lots and the large lots to the south. The subdivision is inconsistent with the character of the neighborhood and the approved Planned Unit Development. The existing lots have a lot frontage waiver. When the existing lots were subdivided access was from the south was not anticipated. Street frontage to the south was created by the Jenkins and Starnvood Additions. Staff recommends Alternative Two. PLANNING COMMISSION MINUTES PAGE 3 NOVEMBER 22,1999 B. HORNELAND ADDITION by Liv Homeland, Request for Planned Unit Development Concept Amendment on 1.32 acres to the Ridgewood PUD, Planned Unit Development District Review on 1.32 acres with waivers, Zoning District Amendment within the R1-13.5 Zoning District on 1.32 acres, and Preliminary Plat on 1.32 acres into 3 lots. Location: 8802 and 8802 Knollwood Drive. Liv Homeland, owner of the property, presented a brief overview of the proposed plan She indicated her house was the first one built in the Addition and development of the Addition had caused a loss of the panoramic view of the lake. The proposed new house would be appropriate for the Addition. Several designs had been considered due to the severe topography of the property. An attempt had been made to retain as many trees as possible in the proposed plan. Would also add replacement trees as recommended by the City. She indicated attempts had been made to meet with neighbors to review the proposed plan and address their concerns. Clinton asked for clarification with respect to tree loss on the south side of the property. Homeland responded trees would be added. The trees being removed were currently located where the proposed house would be constructed and they would be transplanted. Doug Stahl, Engineer with Schell & Madson, provided an overview of the location of the proposed house on the lot. Tree loss would be mainly in the area of the new house. The applicant was willing to replace trees however the City deemed adequate. Different locations for the house had been reviewed and the proposed location afforded the least disruption to the property. Franzen related that in the past, waivers for lot frontage had been considered if it resulted in a better environmental plan for saving tress, slopes and wetlands and it did not increase the density beyond what would develop if the plan met all code requirements. He indicated the lot size would be consistent with the area, it met setback requirements and the subdivision of the lot would not change the character of the neighborhood. However, reasons to not consider the waiver were the subdivision of the lot was inconsistent with the character of the neighborhood and the approved Planned Unit Development, the existing lots had a lot frontage waiver from Knollwood Drive, access from the south had not been anticipated when the existing lots were originally subdivided, and the existing large lots were a density transfer for the existing Ridgewood Cluster lots. He indicated Staff had proposed two options for consideration with respect to granting or denying the street frontage waiver from 85 ft. to 25.69 ft. for the proposed third lot as set forth in the Staff Report dated November 19, 1999. The Staff recommended denying the proposed project as set forth in Alternate Two of the Staff Report. Clinton asked if a similar situation had existed in the Kramer project, which had been a long lot that had been subdivided and lot front waivers requested. Franzen responded he did not know. The only subdivision of lots that had a house was the Karmel Addition, which was a 27,000 s.f. lot that had been divided in half but had met all the requirements for setbacks and was approved. Karen Sell, 8796 Flesher Circle, indicated Homeland had spoken to neighbors about the project and understood the reasons for the proposed project. Although the lot seemed to meet the minimum size requirement, much of the land was unbuildable and the house would be wedged into the lot with very little fiont and back yards. She expressed concerned with proposed driveway since it intersected with her private driveway which was on a very steep grade. Seeing vehicles exiting the driveway would be a problem and a safety concern. Asked that the proposed plan be denied. PLANNDTG COMMISSIONMINUTES PAGE 4 NOVEMBER 22,1999 Chris Henkemis, 8812 Flesher Circle, indicated the proposed house would be built next to her property. Concerned about the amount of trees being removed and potential m-off. Also, with the woods removed, concerned the loss would devalue the property. Larry Berger, 8780 Flesher Circle, was concerned that the subdivision of the lots and placing the house on the proposed third lot did not conform to the neighborhood and the City. Habicht stated the plan was a nice, creative plan and did not have an issue with the lot size or quality of the house. He indicated when a waiver was requested, there was typically a trade-off for the City or there was a real hardship and in this instance, there was neither. Lewis stated making a change to the development at this late date would set a very dangerous precedent that would have developers requesting changes from the original of the plan. Also, a 65% tree loss was very significant. Unless there was an overwhelming reason, the City would not approve the plan. Sandstad indicated the proposed plan did not justify the requested waivers and he could not support the plan. Clinton agreed with Habicht that it was a creative plan. He had walked the neighborhood and the proposed site and was concerned by the request for waivers and the amount of tree loss. Alexander indicated the plan was a good plan and believed it was not as intrusive as some of the property owners in the addition had conveyed. However, the City has zoning laws which had to be adhered to and did not believe the Commission could approve a variance and be fair to the current zoning laws. Foote voiced his agreement with the comments of the other Commissioners. The proposed plan did not support the requested waivers. MOTION: Clinton moved, seconded by Alexander, to close the public hearing. Motion carried 6-9. MOTION: Lewis moved, seconded by Habicht, to deny the request for Planned Unit Development Concept Amendment on 1.32 acres to the Ridgewood PUD, Planned Unit Development District Review on 1.32 acres with waivers, Zoning District Amendment within the R1-13.5 Zoning District on 1.32 acres, and Preliminary Plat on 1.32 acres into 3 lots. . - -. Horneland Addition Opposition Petition The Residents of Eden Prairie, below, are opposed to the proposed Horneland Addition. We petition the Planning Commission and the City Council to deny the developer’s requests, outlined below, and keep the existing lots as originally approved by the City of Eden Prairie. P Amendment on the 1.32 acres to the Ridgewood PUD o Waivers required to access proposed Development P Zoning District Amendment o Subdivision of 2 single fdy lots into 3 single family lots Name Address Horneland Addition Petition (writ) Address November 8,1999 To: Eden Prairie City Council members Eden Prairie Planning Commission members Jean Harris, Mayor OC: % ?rat v w. Piah 01 ’g + ,+w.lif- Subject: Homeland Addition Project #9D928 We, the undersigned, are strongly opposed to the Homeland Addition Project #9D928 which proposes to create a new, R1 13.5 lot fkom the backyards of two existing, filly developed, single family lots located in the Ridgewood.West development. The proposed “3rd lot” adjoins two fully developed neighborhoods: the Stmood development on Flesher Circle and the Jenkins Addition homesites. We, the undersigned, have properties which adjoin, or are within 100 ft. of this proposed site and believe that it will have a substantial, negative impact on our existing properties and neighborhood. We also believe that approval of this project would establish a development precedent which may adversely affect other Eden Prairie homeowner’s existing neighborhood configurations in the kture. November 8,1999 To: Eden Prairie City Council members Eden Prairie Planning Commission members Jean Harris, Mayor Subject: Homeland Addition Project #9D928 cc. *?mLVw PlL\hVrly ?SepBdwd We, the undersigned, are strongly opposed to the Homeland Addition Project #9D928 which proposes to create a new, R1 13.5 lot fkom the backyards of two existing, fully developed, single family lots located in the Ridgewood West development. The proposed “3rd lot” adjoins two fully developed neighborhoods: the Stamvood development on Flesher Circle and the Jenkins Addition homesites. We, the undersigned, have properties which adjoin, or are within 100 A;. of this proposed site and believe that it will have a substantial, negative impact on our existing properties and neighborhood. We also believe that approval of this project would establish a development precedent which may adversely affect other Eden Prairie homeowner’s existing neighborhood configurations in the future. Address: @ZQ Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: CITY COUNCIL AGENDA SECTION: Public Hearings SERVICE AREADMSION: Finance Department Donald R. Uram DATE: 1-18-2000 ITEM DESCRIPTION: Eh Homes, Inc. Project, Relating to the Proposed Issuance of Revenue Bonds in the Aggregate Principal Amount not to Exceed $1.000,000 ITEM NO.: UICU Requested Action Move to: Close the Public Hearing. Synopsis Minnesota Statutes, Sections 469.152 through 469.1651 requires that the City conduct a public hearing on the proposed issuance of its revenue bonds for the purpose of financing approximately $1,000,000 of construction of a corporate office facility for the benefit of Elim Homes, Inc., a Minnesota nonprofit corporation. The proceeds of the revenue bonds will be loaned to the Borrower to fmance the construction of a corporate office facility at the southeast corner of the intersection of Office Ridge Circle and Valley View Road. Background Information The City is authorized by Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the "Act"), to enter into loan agreements with corporations providing for the City to loan the proceeds derived fiom the issuance of revenue bonds to the corporation to be used to pay the costs of a project as defined in the Act and providing for the.repayment of the loan by the corporation. . Elim Homes, Inc. has requested that the City issue its revenue bonds in the aggregate principal amount not to exceed $1,000,000 under the provisions of the Act to pay for the costs of financing the construction of a corporate office facility for the Company. The maximum principal amount of the total of the Bonds will be $1,000,000. The Bonds will not be general obligations of the City, nor shall they be payable in any manner by taxation. The Revenue Bonds will be payable solely fiom the revenues of the Project pledged to the payment thereof, fiom investment proceeds and fiom other revenues of the Borrower. I CITY COUNCIL AGENDA SECTION: Public Hearing SERVICE AREADMSION: Public Works Leslie Stowing ITEM DESCRIPTION: Comprehensive Wetland Protection & Management Plan and Standards for the Protection of Wetlands DATE: January 18,2000 ITEM NO.: Requested Action Move to: 1. 2. 3. 4. Move to close the Public Hearing. Approve firstreading of an ordinance to amend of City Code Section 11 through adoption of Section 11.51 - Standards for the Protection of Wetlands By reference adopt the Comprehensive Wetland Protection and Management Plan (November 1999) Approve submittal of the Wetland Plan to the three watershed districts and the Board of Water and Soil Resources for approval. Synopsis The Comprehensive Wetland Protection & Management Plan (Wetland Plan) was completed to develop a strategy for ranking and assigning value to known wetlands and water bodies (478 wetlands, 15 lakes and 44 stormwater basins) and establishing development review guidelines, priorities for wetland protection / management projects and identifying potential educational programs. The plan also compares wetland locations with our open space areas to determine which wetlands would already be protected by existing parks or easements. The Plan goals and strategies were established through a working Task Force composed of City staff, resident volunteers, the Environmental & Waste Management Commission members and State and County agency staff. The Wetland Plan must be adopted by Ordinance to qual@ for approval by the Board of Water and Soil Resources as a “Wetland Conservation Act approved plan”. Background Proposed Ordinance Purpose of the Proposed Ordinance The purpose of the proposed ordinance is to promote the general health, safety and welfare of its residents by both conserving and protecting wetlands. The intent of the ordinance is to avoid the alteration and destruction of wetlands and their associated buffer strips. Through the ordinance, the City can balance the need to preserve and protect natural resources while considering the rights of property owners. I Comprehensive Wetland Protection & Management Plan and January 18,2000 Page 2 Standards for the Protection of Wetlands Wetlands and buffers provide important habitats that support a diversity of plant and animal species. In addition, wetlands and buffers aid in improving water quality by recharging groundwater, preventing soil erosion, and retaining and treating nutrients, toxicants and sediments within the buffer and wetland, thus avoiding and minimizing contamination and eutrophication of water features. Healthy wetland and buffer habitats will work to reduce pollution and help in reducing the future costs associated with.trying to restore aquatic systems impacted by pollution. Buffers will also reduce human disturbances to wetlands by providing a visual and physical transition fiom surrounding yards. Summary of the Proposed Ordinance The proposed Ordinance is for establishment of standards for protection of wetlands through the addition of Section 11.51 to the City Code. Ths includes standards for establishment of buffers based on the quality of the wetland affected by any proposed development. The City's Wetland Inventory classifies each wetland's quality as excellent, high, moderate or low. The required buffer widths would be 25 feet for low and moderate quality wetlands and 50 feet for high and exceptional quality wetlands. There would be an additional 15-foot setback fi-om the buffer to any structure. Additional requirements include standards for avoidance of water level fluctuations to the wetland during storm and snow-melt runoff events based on the quality of the wetland; placement of permanent monuments on the wetland buffer edge; water quality testing for exceptional wetlands; reseeding or replanting of wetland buffers if disturbed; and provision of documentation of the wetland identification, delineation and mitigation activities dwing the development review process. 0 0 0 0 0 0 0 a a a 0 0 0 Comprehensive Wetland Protection & Management Plan The major elements, and locations, of the Wetland Plan are summarized as follows: Executive Summary (pp. 5 - 6) Statement of Purpose that also establishes the relationship of the Plan to the goals and policies established at the local, regional, state and Federal level (p. 7) Regulatory requirements relating to wetlands and how this Plan addresses them (pp. 9 - 13) Narrative of the ecology of the comm~~3ty that categorizes Eden Prairie into 5 landscape units Inventory methodology, qualifications and assumptions (pp. 18 - 25) Inventory results for the 537 water bodies identified in Eden Prairie (pp. 26 - 37) Assessment of problems, issues and opportunities (pp. 38 - 40) Proposed management objectives (pp. 41 - 46) Development review process, fi-om which the ordinance was developed (pp. 47 - 48) Implementation priorities (p. 49) Amendment Procedures (p. 50) Acknowledgements (p. 5 1) Appendices providing detail of the study results (pp. 14- 17) 2 Comprehensive Wetland Protection & Management Plan and January 18,2000 Page 3 Standards for the Protection of Wetlands The Plan also includes a number of items which are separate fi-om, yet an integral part of the Plan. These include: 0 MinRAM Database in Microsoft Access. The database is a searchable, interactive database allowing staff to pull up and query data on the wetlands. GIs Map of the wetlands, stormwater ponds and lakes. The Plan goals and strategies were established through a working Task Force, including: City Staff Metropolitan Council Environmental & Waste 0 Hennepin Conservation District Citizen-at-Large (3) District Board of Water and Soil Resources 0 Nine Mile Creek Watershed District 0 Department of Natural Resources 0 Lower Minnesota River Watershed District 0 Pollution Control Agency Management Commission Riley-Purgatory-Bluff Creek Watershed Attachments Comprehensive Wetland Protection and Management Plan, November 1999 Section 11.51, Standards for the Protection of Wetlands DRAFT CITY OFEDEN PRAIRIE HENDIEPIN COUNTY, MINNESOTA ORDINANCE NO. -2000 AN ORDINANCE OF THE CITY OF EDEN PRAIIUE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, LAND USEREGULATIONS (ZONING), BY ADDING SECTION 11.51 RELATING TO ESTABLISHMENT OF STANDARDS FOR THE PROTECTION OF WETLANDS AND ADOPTINGBY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS Subd. 1. Preamble This ordinance hereby incorporates by reference the Wetlands Conservation Act m. Stat. 103G.221 et seq. (herein after referred to as the WCA)] and any future amendments adopted by the legislature. All wetlands, as defined in Section 1 1.5 1, Subd. 3 of this ordinance, including those governed by the Department of Natural Resources, are covered by this Ordinance. In unique situations where the physical characteristics of a specific parcel of land preclude the strict enforcement of these regulations, alternatives to these standards are established in Section 11.51, Subd. 7 of this code. Subd. 2. Purpose Through the adoption and enforcement of this Section, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices as provided for in the WCA when development occurs in the vicinity of wetlands. It is the intent of this ordinance to avoid the alteration and destruction of wetlands. Through the implementation of this Section, the City seeks to accomplish the following purposes: 1. 2. 3. 4. Balance the need to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; Promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to prevent soil erosion, and to retain sediment, nutrients and toxicants in wetland buffer strip areas before it discharges into community wetlands, lakes and streams, thus avoiding the contamination and eutrophication of these water features; Reduce human disturbances to wetlands by providing a visual and physical transition fiom surrounding yards; and Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. Subd. 3. Definitions. The followjng terms, as used in this Section, shall have the meanings stated. Terms not dejined shall have the meaning as stated in Section 11.02: Y Drafr A. B. C. D. E. F. G. H. I. J. K. L. M. “City Manager” - The “City Manager” means the City Manager or hisher designee.” “Ciiy Wetland Map” -The City map is referenced as ‘Figure 2 -Wetland, Lake and Stomwater Pond Locations” and is part of the Comprehensive Wetland Protection & Management Plan (1999) prepared by the City. The City Wetland Map may be amended fiom time to time as wetland, lake and stormwater pond conditions change. The City map adopted by this ordinance shall be prima facie evidence of the location and classification of a wetland. “Hydroperiod” - The extent and duration of inundation andor saturation of wetland systems. ‘‘MbRAM“ - The Minnesota Routine Assessment Methodology (MinIUM) as referenced in Minnesota Rules 8420.0540, Subpart lO(G). MinRAM is a field tool used to assess wetland functions on a qualitative basis. Functions include floristic diversity and integrity; wildlife habitat; water quality protection; flood & stonnwater attenuation; recreation, aesthetics, education & science; fishery habitat; ’shoreline protection; groundwater interaction; and commercial uses. “NURP Pond” - A stormwater pond constructed to meet National Urban Runoff Program requirements. “Public Value Credit (PVC)” - Wetland replacement credit that can only be used for the portion of wetland replacement requiring &-eater than a 1: 1 ratio of wetland fill to wetland replacement. “Setback” - The minimum horizontal distance between a structure and the nearest edge of the wetland buffer strip. “Structure” - A structure would include but is not limited to a sewage treatment system, building, fence, patio, deck or other structure as defined in Section 11.02. “Vegetation, Native” - Plant species indigenous to or naturalized to the State of Minnesota, excluding noxious weeds as defined and designated pursuant to the “Minnesota noxious weed law”, Minnesota Statutes, Sections 18.76-18.88, as amended fiom time to time. “Wetland” - Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must: have a predominance of hydric soils; be inundated or saturated by surface or ground water at a fiequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil a conditions; and under normal circumstances support a prevalence of hydrophytic vegetation. “Wetland Buffer Strip” - An area of vegetated ground cover around the perimeter of a wetland that, either in its natural condition or through intervention, has the characteristics of a Buffer as defined in Section 1 1.02,7, “Buffer”. “Wetlands, Exceptional Quality” - Exceptional Quality wetlands have an exceptional floristic diversity and integrity function, based on the results of MinRAM. They contain an abundance of different plant species with dominance evenly spread among several species. Such wetlands may support some rare or unusual plant species. Invasive or exotic plant species are either absent or limited to small areas where some disturbance has occurred. These wetlands exhibit no evidence of significant man-induced water level fluctuation. ‘Wetlands, High Qualily” - High quality wetlands have a high floristic diversity and integrity function, based on the results of MinRAM , and are still generally in their natural state. They tend to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant Page 2 5 Drafr N. 0. P. Q. R. S. T. species may be present and species dominance may not be evenly disb5buted among several species. There tends to be little evidence of water level fluctuation due to storms and their shorelines are stable with little evidence of erosion. They show little if any evidence of human influences resulting in higher levels of species diversity, wildlife habitat and ecological stability. ‘Wetlands, Moderate Quality” - Moderate quality wetlands have a moderate floristic diversity and integrity function, based on the results of MinRAM . They have a slightly higher number of plant species present than low quality wetlands, often with small pockets of indigenous species within larger areas dominated by invasive or exotic species. Their relatively greater species diversity results in slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in water level in response to storms and less evidence of shoreline erosion than low quality wetlands. They also exhibit relatively less evidence of human influences and therefore, tend to be of a higher aesthetic quality than low quality wetlands. “Wetlands, Low Quality,’ - Wetlands included in this category have a low floristic diversity and integrity function, based on MinRAM , and have been substantially altered by agricultural or urban development that caused over-nitrification, soil erosion, sedimentation and water quality degradation. As a result of these factors these wetlands exhibit low levels of plant species diversity; overcrowding and dominance of such invasive species as reed canary grass and purple loosestrife; and a related reduction in the quality of wildlife habitat. These wetlands may also tend to exhibit extreme water level fluctuations in response to storms and show evidence of shoreline erosion. These wetlands do provide for water quality and serve an important role in protecting water quality downstream. “Wildlife Habitat” - Plant communities that support wildlife in a natural, undomesticated state. “Yard’7 - That portion of a lot not occupied by a structure. “Yard-Front” - A yard extending across the fiont of the lot between the side lines of the lot and lying between the fkont line of the lot and the nearest line of a building. On all lots containing or adjacent to all or a portion of a wetland, the fkont yard shall be the minimum horizontal distance between the nearest edge of the wetland buffer strip and the main building. “Yard-Rear” - An open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot. On all lots containing or adjacent to all or a portion of a wetland, the rear yard shall be the minimum distance between the nearest edge of the wetland buffer strip and the main building or the permitted projections, “Yard-Side” - An open unoccupied space on the same lot with a building between the building and the side lot line, and extending Ii-om the fkont lot line to the furthest extent of the rear lot line. On all lots containing or adjacent to all or portion of a wetland, the side yard is between the nearest edge of the wetland buffer strip ’and the main building. Subd. 4. General Provisions - Identification, Delineation, Mitigation, Testing and Reporting Requirements. A. This ordinance shall apply to all lands containing wetlands and lands within the setback and wetland buffer strips required by this ordinance. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable Federal, State, and City ordinances and regulations. These wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland Page 3 6 Draft is located. This Section establishes four wetland classifications as defined in Section 11.51, Subd. 3 of this Ordinance; Exceptional Quality, High Quality, Moderate Quality, and Low Quality. The presence or absence of a wetland on the City Wetland Map does not represent a definitive determination as to whether a wetland covered by this ordinance is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the City Wetland Map are still subject to the provisions of the Ordinance. It is the responsibility of the Applicant to determine whether a wetland exists on a subject property or within the applicable setback distances on an adjacent property. It is the responsibility of the Applicant to delineate the exact wetland boundary for documented wetlands on the subject property. An Applicant shall not be required to delineate wetlands on adjacent property. However, an Applicant shall be required to review available information, including but not limited to the City Wetland Map, County Soil Survey Map, U.S. Fish and Wildlife Service Wetland Maps, and visual information such as the presence of wetland vegetation and hydrologic evidence which can be viewed fiom the subject property, to estimate the wetland boundary. B. C. Written documentation identifying the presence or absence of wetlands on the property, including any wetland delineation report and wetland buffer strip vegetation evaluation, must be provided to the City by the Applicant with the Land Development Application. It is the responsibility of the Applicant to contact the City to provide a wetland or water body identification number and any information regarding the documented wetland, including any existing Minnesota Routine Assessment Methodology (MinRAM) information, for inclusion in any documentation provided by the Applicant. All wetland and wetland buffer strip identifications and delineation reports must be provided to the City for evaluation during development review. A MinRAM fictional assessment (Version 1 .O or newer) must be completed for wetlands which are not identified on the City Wetland Map or for wetlands €or which the Applicant’s wetland information is significantly different in function, size or position &om the City’s assessment. The hctional assessment must be submitted to the City with the wetland delineation report. Water quality testing results must be provided by the Applicant for any proposed development involving a wetland buffer strip of less than 100 feet for wetlands of exceptional quality which contain any standing water during the growing season. One water sample must be collected &om the surface water (within the upper 12 inches of water) and analyzed by an accredited laboratory for pH, conductivity, total phosphorus, soluble reactive phosphorus, total dissolved solids, total suspended solids and chlorides. The water quality testing results must be submitted to the City with the wetland delineation report. For projects with wetland fill or drain impacts, the Applicant must provide written documentation of the avoidance and minimization efforts used to avoid or minimize wetland fill or drain impacts to the City with the Land Development Application. Conceptual wetland replacement plans for any proposed impacts that would require replacement under WCA or U.S. Army Corps of Engineers regulatory programs must also be provided to the City at this time. It is the responsibility of the Applicant to contact the City to obtain a wetland identification number for use in the replacement plan report for any replacement wetlands constructed within the City. If the Applicant disputes whether a wetland exists or its classification, the Applicant has the burden to supply detailed information supporting the Applicant’s assertion. This would include, but is not limited to, historical aerial photography, topographic, hydrologic, floristic andor soil D. E. F. G. Page 4 Draft Existing No change Above delineated wetland data deemed necessary by the City or Local Governmental Unit (LGU) under the WCA to determine the jurisdictional status of the wetland, its exact boundary and its classification. Wetland and wetland buffer strip identifications and delineation reports supplied by the Applicant shall be prepared by a qualified wetland delineator in accordance with current state and federal regulations. Wetland delineators must satisfy all certification requirements that are established by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources or, in the absence of such certification, are determined by the Ciiy Manager to be a qualified wetland delineator. H. Existing plus 7 days No change Above delineated wetland Subd. 5. General Standards The following standards apply to all lands that contain andor abut a wetland: A. B. Structures intended to provide access to or across a wetland shall be prohibited unless a permit is obtained in conformance with Minnesota Statutes and applicable state rules and regulations. The Minnesota Pollution Control Agency’s Urban Best Management Practices shall be followed to avoid erosion and sedimentation during the construction pjocess. In addition, the Applicant shall follow the regulations set forth in City Code Section 11.55, Subd. 6. The manner in which storm water is routed through a natural wetland will be designed in accordance with the following hydroperiod standards to avoid water level fluctuations to the wetland during storm and snow-melt runoff events. The standards have been adapted from the State of Minnesota’s Storm-Water Advisory Group’s “Storm-Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impact of Urban Storm-Water and Snow-Melt Runoff on Wetlands”. C. Hydroperiod Standard Storm Bounce Discharge Rate Inundation Period for 1 & 2 year precipitation event Inundation Period for 10 year precipitation event & greater Run-out control elevation (free flowing) Run-out control elevation (landlocked) Quality Wetlands Wetlands * Existing Existing Existing Existing plus 0.5 feet Existing Existing plus 1 day Moderate Quality Wetlands Existing plus 1 .O feet Existing or less Existing plus 2 days Existing plus 14 days 0 to 1.0 feet above existing run out Above delineated wetland * This will include all Scientific or Natural areas and bogs. Low Quality Wetlands No limit Existing or less Existing plus 7 days Existing plus 21 days 0 to 4.0 feet above existing IW1 out Above delineated wetland Page 5 % Draff D. Where a wetland buffer strip is required, the Applicant shall: E. (i) Before the City releases the final plat or, if there is no plat approval involved, the first building permit for the entire subject property, submit to the City Manager and receive the City Manager's approval of a conservation easement for protection of the approved wetland buffer strip. The easement must describe the boundaries of the wetland and wetland b~er strips, monuments and monument locations and prohibit any building, paving, mowing, introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal, fertilizer application or removal of the wetland buffer strip monuments within the wetland buffer strip or the wetland. (ii) Before the City releases the first building permit for the entire subject property, (a) (b) . (c) submit evidence to the City Manager that the approved easement document has been recorded in the Hennepin County Recorder'sRegistrar of Titles' office, submit a duplicate original of the easement document executed and acknowledged and otherwise in form and substance acceptable for filing with the Hennepin County RecorderRegistrar of Titles office and, install the wetland monumentation required by Section 1 1.5 1, Subdivision 8 of this ordinance. All open areas of a site not occupied by building, parking, driving areas, storage or wetland buffer strip shall be sodded or seeded and mulched. All open areas within the wetland buffer strip shall be seeded andor planted in accordance with Subdivision 9 (C). All sodding, seeding or planting must be completed prior to removal of any erosion control. If construction is completed after the end of the growing season, erosion control shall be left in place and all disturbed areas shall be mulched to protect these areas over the winter season. Variances for sod outside of the wetland beer strip areas, in accordance with City Code Section 9.71 shall be considered on a case by case basis. Subd. 6. Wetland Buffer Strips and Setbacks A. B. C. For a Lot of record or a redevelopment project created after passage of this ordinance, a wetland buffer strip shall be maintained around the perimeter of all wetlands and all stormwater or NURP ponds which are constructed as part of a wetland mitigation plan or Public Value Credit as part of an approved wetland mitigation plan. The setback and wetland buffer strip provisions of this ordinance shall not apply to a Lot of record as of the passage of this ordinance or for developments for which site plans, preliminary plats, final plats or planned unit development plans have been approved by the Community Planning Board or City Council prior to this date. The City does however, strongly encourage the use of a wetland buffer strip and setback on all lots in the City. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland or stormwater pond is on the same parcel as a proposed development. Wetland buffer strip vegetation shall be established and maintained in accordance with the requirements found in Section 11.51, Subd. 9. Wetland buffer strips shall be identified within each Lot by permanent monumentation approved by the City Manager in accordance with Section 11.51, Subd. 8. Page 6 4 Drafr Wetland Buffer Strip (Minimum Width) D. Activities, including but not limited to building, paving, mowing, introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal or fertilizer application, are prohibited within the wetland buffer strip. However, non-native vegetation, such as European buckthorn, purple loosestrife and reed canary grass, may be removed as long as the wetland buffer strip is maintained to the standards required by the City. Alterations would not include plantings that enhance the native vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards. For roadways or other structures where the City determines that there is no practical alternative except to be aligned either adjacent to or across wetlands, additional wetland filling to create a wetland buffer strip shall not be required. Trails that are intended to serve an interpretive function are also exempted fi-om the wetland buffer strip requirement. All other areas and structures, including roadways and trails shall meet the setbacks and wetland buffer strip standards established in Table 1 below. The use of a meandering wetland buffer strip to maintain a natural appearance is encouraged. An existing structure, driveway or parking area would be considered a legal nonconforming structure if a later WCA delineation shows that the wetland is closer than the required setback. . E. F. Exceptional Moderate Low 50' 5 0' 25' 25' Table 1 - Wetland Buffer Strips and Setbacks A. Structure Setback Total Width 15' ' 15' 15' 15' 65' 65' 40' 40' The wetland buffer strip width for stormwater ponds utilized as mitigation credit shall be measured fi-om the Ordinary High Water Level (OHWL) of the pond. Subd. 7. Alternative Wetland Buffer Strips and Setbacks With Extraordinary Management Measures A. Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, narrower wetland buffer strips may be necessary to allow for the ' reasonable use of the land, the alternative wetland buffer strip standards set forth below may be applied based on an assessment of the following: (1) Size of the parcel (2) Existing roads and utilities (3) (4) (5) (6) (7) Percentage of parcel covered by wetlands Configuration of wetlands on the parcel Quality of the affected wetland(s) Undue hardship would arise fiom not allowing the alternative, or would otherwise not be in the public interest Results of the water quality testing fiom Subdivision 4 (E) B. The appropriateness of using the alternative standards will be evaluated as part of the review of the Applicant's Site Plan Review, Planned Unit Development, rezoning or prelimin& plat Page 7 Drajl application. An Applicant must receive City Council approval through one of these review processes. The alternative must be in keeping with the spirit and intent of this ordinance. In instances where alternative wetland buffer strip standards are approved, an Applicant will be required to apply extraordinary management measures for all wetlands to control erosion, sedimentation and nutrient loading during and for two years after construction. Dual-silt fencing is the recommended measure. Dual silt fencing will be considered properly installed if the up- slope fence is installed on the undisturbed edge of the wetland buffer strip and the down-slope fence is installed 5 to 6 feet into the unscarified wetland buffer strip. Silt fence must be placed outside of the wetland. An Applicant must demonstrate that alternatives to the recommended measures to control erosion, sedimentation and nutrient loading will limit dissolved phosphorus concentration to one milligram per liter (mg/l) or less. Extraordinary management measures that may be permitted in conjunction with and up-slope fkom the above wetland buffer strip and setback requirement include, but are not limited to, measures that add redundant protections to normally required Best Management Practices. Where alternative wetland buffer strip standards are approved, wetland buffer strips and structure setbacks shall meet the standards established in Table 2 below. C. . . D. Wetland Buffer Strip (Minimum Width) Average Wetland Buffer Strip Width Structure Setback (fiom Buffer) Total (Average) Width: Table 2 - Alternative Wetland Buffer Strips and Setbacks, With Extraordinarv Measures Exceptional High Moderate Low 35' 3 0' 15' 10' 50' 45' 20' 15' 15' . 15' 15' . 15' 65' 60' 35' 3 0' E. An Applicant shall be responsible for submitting all of the necessary information to document that . the proposed extraordinary construction and stormwater management practices will meet or exceed the performance of the required wetland buffer strips and setbacks with the Land Development Application. An Applicant also has the burden of proving that the purpose and objectives of the Section will be met through the use of these Extraordinary Management Practices. Subd. 8. Monumentation A monument is required at each Lot line where it crosses a wetland buffer strip and shall have a maximum spacing of 200 feet along the edge of the wetland buffer strip. Additional posts shall be placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland buffer strip is required, monuments shall be placed at the wetland boundary. The monument shall consist of a post and a wetland buffer strip sign. The post shall be of a material approved by the City Manager, such as a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch (4" x 4"). The sign shall be mounted flush with the top of the post and shall state "Wetland Buffer: No Mowing Allowed" or 'Wetland Buffer: Vegetation Clearing Limit". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Monuments may be waived in unusual circumstances where the City determines that such signs would not serve a practical purpose. Page 8 li Draji Subd. 9. Wetland Buffer Strip Vegetation Performance Standards A. B. C. Where acceptable natural vegetation exists in wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required unless an Applicant receives approval to replace such vegetation. A wetland buffer strip has acceptable natural vegetation if it: (i) has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least 5 consecutive years, or (ii) has an overstory of trees andor shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least 5 consecutive years, or (iii) contains a mixture of the plant cornunities described in (1) and (2) above, that have been uncultivated or unbroken for at least 5 consecutive years. Notwithstanding the performance standards set forth above in Subdivision 9 (A), the City Manager may determine existing wetland buffer strip vegetation to be unacceptable if: (i) it is composed of undesirable plant species (including, but not limited to common buckthorn, . purple loosestrife, le* spurge andor noxious weeds as defined by Minnesota Statutes, Sections 18.76-18.88), or (ii) has topography'that tends'to channelize the flow of surface runoff, or (iii) for some other reason it is unlikely to retain nutrients and sediment. Where wetland buffer strips, or a portion thereof, are not vegetated or have been cultivated or otherwise disturbed within 5 years of the permit application, such areas shall be re-planted and maintained. The wetland buffer strip plantings must be identified on the Land Alteration Permit submitted in accordance with Section 11.55, Subdivision 5. The wetland buffer skip landscaping shall be according to each of the following standards: Wetland buffer strips shall be planted with a seed mix containing 100 percent perennial native vegetation, except for a one-time planting of an annual nurse or cover crop such as oats or rye. The seed mix to be used shall be broadcast at a minimum rate of 30 pounds per acre. The annual nurse or cover crop to be used shall be applied at a minimum rate of 20 pounds per acre. The seed mix shall consist of at least 12 pounds pure live seed (PLS) per acre of native prairie grass seed and 3 pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than five (5) native prairie grasses and fifteen (1 5) native forb species. The Minnesota Department of Transportation Mix for sedge and prairie areas (Mixture 25A Modified or Mixture 25B) or other alternative pre-approved by the City Manager can be used to meet these requirements. Applicants may obtain fiom the City a set of Native Wetland & Buffer Area Seeding Specifications for wetland buffer strips that meet all the City requirements. Native shrubs may be substituted for native forbs. All substitutions must be pre-approved by the City Manager. Such shrubs may be bare root seedlings and shall be planted at a minimum rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. Any groundcover or shrub plantings installed within the wetland bekr strip are independent of landscaping required elsewhere by the City Code. Page 9 Drafc D. (v) Native prairie grasses and forbs shall be seeded or planted by a qualified contractor. The method of application and determination of the contractor’s qyalifications shall be made by the City Manager. It is the responsibility of the Applicant to have the contractor and method used approved by the City Manager prior to planting or seeding. (vi) No fertilizer shall be used in establishing new wetland buffer strips, except on highly disturbed sites when deemed necessary to establish acceptable wetland buffer strip vegetation and then limited to amounts indicated by an accredited soil testing laboratory. Determination of proper accreditation shall be made by the City Manager. (vii) All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier. (viii) Wetland buffer strips (both natural and created), shall be protected by erosion control during construction in accordance with Section 11.51, Subd. 7. (ix) The erosion control shall remain in place until the area crop is established. Wetland buffer strip vegetation shall be established and maintained in accordance with the requirements found in this Section. During the first two full growing seasons, the Applicant must replant any wetland buffer strip vegetation that does not survive. After two full growing seasons, if the condition of the wetland buffer strip changes, the Applicant shall not be required to reestablish the wetland buffer strip to meet the standards contained in Section 11.51, Subd. 9. The Owner shall be responsible for reseeding andor replanting if the wetland buffer strip changes‘at any time through human intervention or activities. At a minimum the wetland buffer strip must be maintained as a “no mow” area. Subd. 10. Encroachment in Required Setback and Wetland Buffer Strip Areas A. Wetland buffer strips must be kept flee of all structures, including fences and play equipment. Wetland buffer strips must not be mown except as pre-approved in writing by the City Manager for maintenance practices. The acceptability of the proposedmaintenance practices shall be made by the City Manager. B. Variances I Waivers (i) Only variances meeting the standards and criteria set forth in Section 11.76, Subd. 1 and waivers approved pursuant to Section 11.40, Subd. 8 forL a Planned Unit Development (PUD) process shall be granted. All variance requests must be made to the Board of Appeals. All waiver requests must be made to the Community Planning Board and the City Council. (ii) Variances or waivers shall not be granted which would circumvent the intent and purposes of Section 1 1.5 1. Subd. 11. Performance Bond Required. No land alteration permit shall be issued until the Applicant files with the City Manager a performance bond, cash escrow or letter of credit with a corporation approved by the City Manager, as svety thereon, or other guarantee acceptable to the City Manager and in an amount determined by the City Manager as set forth below: Page 10 A. B. C. Amount - The amount shall be for no less than one and one-half(1 %) times the amount estimated by the City Manager as the cost of completing said wetland buffer strip landscaping. The performance bond must cover two complete growing seasons following completion of the development and must be conditioned upon complete and satisfactory implementation of the approved wetland buffer strip landscape plan and final inspection of the wetland buffer strip by the City. Submittals - The Applicant shall provide one copy of a signed contract with an environmental consultant to monitor compliance and certify final completion of the wetland buffer strip requirements after the end of the second fill growing season after completion of the development. Form of Application - The performance bond, cash escrow, letter of credit or other guarantee acceptable to the City Manager shall be posted with the Land Alteration Permit application as detailed in Section 11.55, Subdivision 5. Subd. 12 - Pursuant to Minnesota Statutes Section 103G.2243, the City Council adopts a Local Comprehensive Wetland Protection and Management Plan which has been prepared under the requirements of Minnesota Rules, Chapter 8420. Subd. 13 - City Code Chapter 1 , entitled “General Provisions and Definitions Applicable to the entire City Code Including Penalty for Violation” and Section 11.99, entitled ‘Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Subd. 14 - Effective Date - This Ordinance shall take effect upon its passage and publication. Page 11 CITY COUNCIL AGENDA SECTION: Public Hearing SERVICE AREAIDMSION: Engineering Services David Olson DATE: January 18,2000 ITEM DESCRIPTION: Vacation 99-09 ITEM NO.: Vacation of Right-of-way and Drainage and Utility Easement in Settlers Ridge 3rd Addition VI I Requested Action Move to: 1. Close the public hearing 2. Adopt the resolution vacating the right-of-way and drainage and utility easements as described in the resolution Synopsis The Property owner has requested this vacation to remove underlying right-of-way and easements fiom the property enabling the combination and replatting into Settlers Ridge 4th Addition. All needed right-of-way and easement dedications will be included in the new plat. The vacated portion of Overland Trail will be owned and maintained by the Property owners within the new plat. Attachments 1. 2. Vacation Drawings Resolution for Vacation of Right-of-way for Settler's Ridge 3rd Addition I CITY OF EDEN PRAIRIE HEN” COUNTY, MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS SET’J’LERS RIDGE 3- ADDITION WHEREAS, The City of Eden Prairie has a certain drainage and utility easements described as follows: RIGHT-OF-WAY: That part of the right-of-way of Overland Trail,’ as dedicated on the plat of Settlers Ridge 3d Addition, Hennepin County, Minnesota, which lies easterly of the northeasterly extension of the northwesterly line of Lot 5, Block 2, said Settlers Ridge 3d Addition to the south line of Lot 2, Block 3, said Settlers Ridge 3d Addition. DRAINAGE AND UTlLITY EASEMENTS: All drainage and utility easements as platted over the following lots within Settlers Ridge 3d Addition, Hennepin County, Minnesota: Lots 1 through 6, Block 2 apd Lots 1 and 2, Block 3. WHEREAS, a public hearing was held on January 18, 2000 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said drainage and, utility.easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on January 18,2000. . ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk a I I I dl --I I I I ! 0. 3 s a CITY COUNCIL AGENDA SECTION: Public Hearing SERVICE AREA/DMSION: Engineering Services David Olson 'ITEM DESCRIPTION: Vacation 00-01 Vacation of Right-of-way for Park of Technology Drive and and Drainage and Utility Easement in the North % of Section 15, T116,WZW DATE: January 18,2000 ITEM NO.: VI. F, Requested Action Move to: 1. Close the public hearing 2. Adopt the resolution vacating the right-of-way and drainage and utility easements as described in the resolution Synopsis The Property owner, Southwest Metro Transit Commission, has requested vacation of that part of public right-of-way and easements encompassed within the plat of Southwest Station, approved by the City Council December 21, 1999. This vacation will clear the property of underlying encumbrances. Replacement easements have been dedicated on the approved plat. Attachments 1. 2. Vacation Drawings Vacation of Right-of-way for Park of Technology Drive and and Drainage and Utility Easement I CITY OF EDEN PRAIRIE €lElKlWPIN COUNTY, "NESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY FOR PART OF TECHNOLOGY DRIVE AND DRAINAGE AND UTILITY EASEMENTS IN TEE NORTH HALF OF SECTION 15, T 116, R 22W WHEREAS, The City of Eden Prairie has certain right-of-way and drainage and utility easements described as follows: See attached Exhibit A WHEREAS, a public hearing was held on January 18, 2000 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said right-of-way and drainage and utility . easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREE'ORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way and drainage and utility easements as. above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on January 18,2000. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk 2 I .- . EXHIBIT A DFSCRIPTION OF RIGHT-OF-WAY FOR TFCHNOLOGY ORIVF TO RF VACATFR That part of the easement for public road right-of-way and utilities in the Northeast Quarter of Section 15. Township I 16, Range 22, as contained in Document Nos. 151 1956 and 4786014, and Technology Drive as didicated on SOUTHWEST STATION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies southerly of Line I described below and northerly of Line 2 described below: Line I. . Beginning at Right of Way Boundary Corner 816 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-28 as the same is an file and of record in the office of the County Recorder in and for said county; thence North 80 degrees 15 minutes 34 seconds East, assumed bearing, along the boundary of said plat a distance of 192.27 feet; thence North 60 degrees 07 minutes 43 seconds East along 'the boundary of said plat a distance of 94.15 feet; thence easterly a distance of 236.80 feet along o nontangential curve, concave to the north, having a radius of 3009.79 feet. a central angle of 04 degrees 30 minutes 28 seconds, and a chord which bears North 77 degrees 52 minutes 50 seconds East; thence North 74 degrees 13 minutes 32 seconds East a distance of '36.01 feet; thence easterly a distance of 376.29 feet olong a nontangential curve, concave to the south, having a radius of 1065.92 feet, a central ongle of 20 degrees 13 minutes 36 seconds, and a chord which bears South 87 degrees 39 minutes I I seconds East; thence South 69 degrees 20 minutes 55 seconds East a distance of 197.09.feet; thence South 74 degrees 49 minutes 21 seconds a distance of 99.58 feek thence easterly a distance of 504.66 feet along a nontangential curve, concave to the north, having a radius of 620.87 feet, a central angle of 46 degrees 34 minutes 16 seconds, and a chord which bears North 81 degrees 40 minutes 58 seconds East; thence North 58 degrees 29 minutes 55 seconds East a distance of 122.22 feet; thence South 85 degrees 33 minutes 26 seconds, East a distance of 160.72 feet; thence South 49 degrees 00 minutes 28 seconds East a distance of 320.08 feet; thence South I degree 59 minutes 43 seconds East a distance of 140.28 feet and there terminating; . Line 2. Beginning at the point of termination of Line I described above: thence South 44 degrees 35 minutes 08 seconds West a distance of 270.57 feet; thence deflect to the right an a tangential curve, concave to the north, having a radius of 436. I I feet and a central angle of 78 degrees 56 minutes 09 seconds, a distance of 600.82 feet; thence North 56 degrees 34 minutes 15 seconds West a distance of 238.26 feet; thence deflect to the left on a tangential curve. concave to the south, having a radius of 564.30 feet and a central angle of 53 degrees 09 minutes 17 seconds, a distance of 523.51 feet; thence South 70 degrees 17 minutes 29 seconds West a distance of 600 feet and there terminating. DFSCRIPTION OF DRAINAGF AND UTI1 I TY FASEMFNTS TO BF - VACATFD That part of the drainage and'utility easements in the Northeast Quarter of Section 15. Township 116. Range 22, Hennepin County, Minnesota. as contained in Resolution Document NO. 5090512 which lies southerly of, Line I described below and northerly of Line 2 described below: Line 1. Beginning at Right of Way Boundary Corner B16 as shown on MINNESOTA OEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-28 as the same is an file and of record in the office of the County Recorder in and far said county; thence North 80 degrees 15 minutes 34 seconds East, assumed bearing, along the boundary of said plat a distance of 192.27 feet; thence North 60 degrees 07 minutes 43 seconds East along the boundary of said plat a distance of 94.15 feet; thence easterly a distance of 236.80 feet along a nontangential curve, concave to the north. having a radius of 3009.79 feet, a central angle of 04 degrees 30 minutes 28 seconds, and a chard which bears North 77 degrees 52 minutes 50 seconds East: thence North 74 degrees 13 minutes 32 seconds East a distance of 36.01 feet; thence easterly a distance of 376.29 feet along a nontangential, cucve. concave to the south. having a radius of 1065.92 feet, a central angle of 20 degrees 13 minutes 36 seconds, and a chord which bears South 87 degrees 39 minutes I1 seconds East; thence South 69 degrees 20 minutes 55 seconds East a distance of 197.09 feet; thence South 74 degrees 49 minutes 21 seconds a , distance of 99.58 feet; thence easterly a distance of 504.66 feet along a nontangential curve, concave to the' north, having a radius of 620.87 feet, a central ongle of 46 degrees 34 minutes 16 seconds, and a chord which bears North 81 degrees 40 minutes 58 seconds East; thence North 58 degrees 29 minutes 55 seconds East a distance of 122.22 feet; thence South 85 degrees 33 minutes 26 seconds East a distance of 160.72 feet; thence South 49 degrees 00 minutes 28 seconds East a distance of 320.08 feet; thence South I degree 59 minutes 43 seconds East a distance of 140.28 feet and there terminating; Line 2. Beginning at the point of termination of Line I described above: thence South 44 degrees 35 minutes 08 seconds West a distance of 270.57 feet; thence. deflect to the right on a tangential curve, concave to the north, having a radius of 436. I I feet and a central angle of 78 degrees 56 minutes 09 seconds. a distance of 600.82 feet: thence North 56 degrees 34 minutes 15 seconds West a distance of 238.26 feet: thence deflect to the left on a tangential curve, concave to the south, having a radius.of 564.30 feet and a central.angle of 53 degrees 09 minutes 17 seconds. a distance of 523.51 feet; thence South 70 degrees 17 minutes 29 seconds West a distance of \ :. ~ 600 feet and there terminating. ." -.----- DFSCRIPTION OF DRAINAGE AND U TIIITY FASFMFNTS TO BE V ACATFQ That part of the drainage and utility easements in the Northeast Quarter of Section 15, Township 116, Range 22. Hennepin County, Minnesota, as contained in Document No. 5101259, 5101260 and 1749822, which lies southerly of Line I described below and northerly of Line 2 described below: Line I. Beginning at Right of Way Boundary Corner B I6 as shown on MINNESOTA OEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-28 os the same is on file and of record in the office of the County Recorder in and for sold county; thence North 80 degrees 15 minutes 34 seconds East, assumed bearing. along the boundory of said plat a distance of 192.27 feet; thence North 60 degrees 07 minutes 43 seconds East along the boundary of said plat a distance of 94.15 feet; thence easterly a distance of 236.80 feet along a nontangential curve, cancave to the north, having a radius of 3009.79 feet, a central angle of 04 degrees 30 minutes 28 seconds, and a chord which bears North 77 degrees' 52 minutes 50 seconds East; thence North 74 degrees 13 minutes 32 seconds East a distance of 36.01 feet: thence easterly a distance of 376.29 feet along a nontangential curve, concave to the south, having a radius of 1065.92 feet, a central angle of 20 degrees 13 minutes 36 seconds, and a chord which bears South 87 degrees 39 minutes I I seconds East; thence South 69 degrees 20 minutes 55 seconds East a distance of 197.09 feet; thence South 74 degrees 49 minutes 21 seconds a distance of 99.58 feet: thence easterly a distance of 504.66 feet along a nontangential curve. concave to the north, having a radius of 620.87 feet, a central ongle of 46 degrees 34 minutes 16 seconds, and a chord which bears North 81 degrees 40 minutes 58 seconds Eost: thence North 58 degrees 29 minutes 55 seconds East q distance of 122.22 feet; thence South 85 degrees 33 minutes 26 seconds East a distance of 160.72 feet; thence South 49 degrees 00 minutes 28 seconds East a distance of 320.08 feet: thence South I degree 59 minutes 43 seconds East a distance of 140.28 feet and there terminoting: Line 2. Beginning at the point of termination of Line I described above: thence South 44 degrees 35 minutes 08 seconds West a distance of 270.57 feet; thence deflect to the right on a tangential curve, concave to the north, having a radius of 436. I I feet and a central angle of 78 degrees 56 minutes 09 seconds. a distance of 600.82 feet; thence North 56 degrees 34 minutes 15 seconds West a distance of 238.26 feet; thence deflect to the left on a tangential curve, concave to the south, having a radius of 564.30 feet and a centrol angle of 53 degrees 09 minutes 17 seconds. a distance of 523.51 feet; thence South 70 degrees 17 minutes 29 seconds West a distance of 600 feet and there terminating. 3 ‘, 4. \ ! \ \ \ \ i CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: January 18,2000 SERVICE AREADMSION: ITEM DESCRIPTION: Comrrrrmity Development and Financial ServiceslDon Uram Payment of Claims ITEM NO.: YE Requested Action .Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 82966-83372 Background Information Attachments COUNCIL CHECK SUMMAIZY ll-JAN-2000 (U : 08) LEGISLATIVE LEGAL .COUNSEL CUSTOMER SERVICE BENEFITS TECHNOLOGY CITY MANAGER FINANCE HUMAN RESOURCES COMMUNICATIONS, HUMAN SERV RISK MANAGEMENT WIRELESS COMMUNICATION ENGINEERING FACILITIES ASSESSING CIVIL DEFENSE POLICE FIRE ANIMAZl CONTROL STREETS/TRAFFIC PARK MAINTENANCE STREET LIGHTING FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY DEV COMMUNITY CENTER HISTORICAL YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION RECREATION ADMIN ADAPTIVE REC OAK POINT POOL ARTS PARK FACILITIES PUBLIC IMPROV PROJ DEBT SERVICE PAYMENTS *EMPLOYEE PAYROLL DEDUCTIONS CAPITAL IMPROVEMENT PROGRAM CITY CENTER SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS WATER DEPT SEWER DEPT STORM DRAINAGE AGENCY FUNDS EQUIPMENT $6,907.03 -$500.00 $10,174.35 $13,779.21 $14,519.42 $45.00 $211.00 $3,252.67 $3 , 784.39 $5,476.25 $495.74 $11,750.00 $729.47 $33,244.32 $116.39 $670.24 $23,958.22 $33,001.83 $30.00 $15,951.82 $16,593.57 $51,182.26 $11,588.80 $7,302.56 -$I, 132.09 $17,387.57 $162.95 $1,406.08 $12: 74 $1,002.07 $24.50 $240.64 $65.62 $946.82 $1,370.78 $130,652.55 $143.75 $284,449.76 $29,834.58 $1,069.01 $2,399.85 $38,317.72 $75,563.44 $125,015.70 $30,060.98 $3,422.66 $140.46 $12,122.25 $19,607.58 $1,038,552.51* a 82966 82967 82968 82969 82970 82971 02972 82973 82974 82975 82976 . 82977 82978 82979 82980 82982 82983 82984 82985 82986 82987 82988 82989 82990 82991 82992 82993 82994 82995 82996 82997 82998 82999 83000 83001 83002 83003 83004 83005 83006 83007 83008, 83009 83010 83011 83012 83013 83014 83015 83016 83017 83024 83025 83026 83027 $26.25 $12.00 $120.00 $109.00 $40.00 $60.00 $59.52 $65.00 $27.28 $506.00 $70.00 $80.00 $433.07 $255.28 $198.45 $60.00 $364.81' $12.00 '$30.00 $227,373.50 $1,621.64 ' $12.00 $60.00 $1,500.00 $10.76 $100.00 $58.00 $32.24 $62.00 $44.27 $12.00 $40.00 $16.92 $1,520.00 $26.25 $24.00 $40.00 $30.00 $18,974.96 $160.00 $12.00 $116.00 $49 .OO $385.51 $90.00 $120.00 $12.00 $12.00 $38.25 $164.93 $95,483.88 $40.00 $10.00 $700 - 00 $58 .OO ANDERSON, JENNIFER BALON, JULIE CARLSON, MARY BETH DNR ENFORCEMENT, FIREARMS SAFE GOVERNMENT FINANCE OFFICERS AS HOFFMAN, LINDA KRESS, CARLA MIDWEST MOUNTAINEERING INC MUELLER, CYNTHIA NATIONAL REVENUE CORPORATION NORTH STAR CHAPTER OLIVER, CONNIE OLSON, ROBERT PELTIER; JAMES PETTY CASH RESTAURANT TECHNICAL RICHFIELD, CITY OF ROSENWINKEL, WILL SENSIBLE LAND USE COALITION SOUTHWEST METRO TRANSIT SQUARE CUT SZCZEPANIAK, JILL UCHYTIL, JOHN UNIV OF MINNESOTA UTING, BRENDA UZZELL, LYNETTE VIK, STEPHANIE WEEDMAN, NICOLE WELF, JESSI WERTS , SANDY ZEIEN, KAREN ARVIG, CATHY AT&T BAD-BRAZ TRUCKING INC. BAKER, KIM BURFEIND, LAURIE BURNETT, ANNE BURNSVILLE HEATING CARLSON TRACTOR AND EQUIPMENT CERCHIA, JERRY FITZHARRIS, AMY GILMAN, MIKE HENNEPIN COUNTY PUBLIC RECORDS HOME DEPOT, THE JARIZ , CHERYL KEELER, MICHELLE KEMMERER, TERRI LINDGREN, JIM MARROQUIN, KIM MENARDS NORTHERN STATES POWER CO QUI", KATE RANKIN, ROBERTA RATEIKE, MARILYN JANE ROBERTS, DEB LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG OTHER CONTRACTED SERVICES TRAINING SUPPLIES ADULT/YOUTH/OUTDOOR CTR PROG MILEAGE AND PARKING INSTRUCTOR SERVICE MILEAGE AND PARKING CASH OVER/SHORT PREPAID EXPENSES CI"Y BUILDING RENTAL SCHOOLS CONTRACTED REPAIR & MAINT PETTY CASH AND CHANGE FUND FIRE PREVENTION PERMIT MACHINERY EQUIPMENT ADULT/YOUTH/OUTDOOR CTR PRO0 PREPAID EXPENSES HACA FURNITURE & FIXTURES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG PREPAID EXPENSES MILEAGE AND PARKING OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG MILEAGE AND PARKING ADULT/YOUTH/OUTDOOR CTR PRO0 MILEAGE AND PARKING ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG TELEPHONE OTHER CONTRACTED SERVICES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG HEATING LICENSE EQUIPMENT PARTS OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG RECORDING DOCUMENT FEE MISCELLANEOUS ADULT/YOUTH/OUTDOOR CTR PRO0 ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG CLOTHING & UNIFORMS ADULT/YOUTH/OUTDOOR CTR PROG ELECTRIC OPERATING SUPPLIES-GENERAL ADULT/YOuTEI/OUTDOOR CTR PROG SPECIAL COMMUNITY EXENTS OTHER CONTRACTED SERVICES LESSONS/CLASSES 3 OAK POINT LESSONS PRESCHOOL ms SPECIAL EVENTS/TRIPS OUTDOOR CTR PROGRAM FINANCE DEPT SPECIAL EVENTS/TRIPS ADAPTIVE RECREATION OUTDOOR CTR PROGRAM AQUATICS & FITNESS SUPERV FD 10 ORG FD 10 ORG SPECIAL EVENTS/TRIPS IN SERVICE TRAINING FIRE FD 10 OR0 FD 10 ORG P/W REVOLVING FUND PRESCHOOL EVENTS FD 10 OR0 FD 10 ORG. FACILITIES-CITY CENTER REMODEL PRESCHOOL EVENTS SPECIAL EVENTS/TRIPS FD 10 ORG REC SUPERVISOR OUTDOOR CTR PROGRAM SPECIAL EVENTS/TRIPS PROGRAM SUPERVISOR SPECIAL EVENTS/TRIPS REC SUPERVISOR PRESCHOOL EVENTS SPECIAL EVENTS/TRIPS WATER TREATMENT PLANT FACILITIES-CITY CENTER REMODEL POOL LESSONS PRESCHOOL EVENTS SPECIAL EVENTS/TRIPS FD 10 ORG EQUIPMENT MAINTENANCE . ART & MUSIC PRESCHOOL EVENTS SPECIAL EVENTS/TRIPS ENGINEERING DEPT 1998 REHAB PROGRAM SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS PRESCHOOL EVENTS POLICE PRESCHOOL EVENTS STREET MAINTENANCE TRAFFIC SIGNALS SPECIAL EVENTS/TRIPS ADAPTIVE RECREATION ART & MUSIC ICE ARENA COUNCIL CHECK REGISTER 11-JAN-2000 (U 83028 83029 83030 83031 83032 83033 83034 83035 83036 83037' 83 03 8 83039 83 040 83 041 83042 83043 83 04!4 83045 83046 83047 83048 83049 83050 83051 83052 83053 83054 83055 83056 83057 83058 83059 83060 83061 83062 83063 83064 83065 83066 83067 83068 83069 83070 83072 83080 83081 83082 83083 83090 83091 83092 83094 83095 83096 83097 $58.00 $31.69 $98.00 $58.00 $779.45 . $12.00 ' $152 -24 $1,263.77 $4,673.10 $52,516.70 $72.50 $2,497.89 ' $647.16 $7,302.65 $2,146.51 $3,401.30 $1,224.45 $13,587.65 $188.98 $84.75 $28.84 $89.00 $1,023.75 $13,735.95 , $516.35 $219.89 $42.00 $100.13 $9,571.00 $231.00 $280.00 $25.00 $30.00 . $5,350.00 $2,476.00 $3,772.74 $60.00 $11.65 $73.26 $784.55 $10,750.41 $1,020.00 $2,895.77 $32,770.81 $232.86 $267.27 $1,996.62 $26,460.78 $333.12 $1,368.44 $5,361.67 $5,786.00 $386.05 $1,662.32 $560.57 SHZlVLIK, JILL SHOLD, KARA STOCKWELL, NICHOLAS THURSTON, PAMELA TIMBERWALL LANDSCAPING INC VERGERONT, TAMMY WASTE MANAGEMENT-SAVAGE MN MINN CHILD SUPPORT PAYMENT CTR PRUDENTIAL INSPCE CO OF AME PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT AS RELIASTAR LIFE INSURANCE CO BELLBOY CORPORATION DAY DISTRIBUTING , EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY LAKE REGION VENDING MARK VI1 MIDWEST COCA COLA BOTTLING COM PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WINE COMPANY, THE WORLD CLASS WINES INC BAER, BARBARA FREY, LYNDELL ASSOCIATION OF METRO MUNICIPAL CIRCADIAN INFORMATION LEAGUE OF MINNESOTA CITIES MINNESOTA CHAPTER IAAI MINNESOTA GFOA MINNETONKA, CITY OF NATIONAL LEAGm OF CITIES POSTMASTER. SENSIBLE LAND USE COALITION PARAGON CABLE AMERIPRIDE LINEN &APPAREL SER DAHLHEIMER DISTRIBUTING COMPAN EAST SIDE BEVERAGE COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MIDWEST COCA COLA BOTTLING COM NORTH STAR ICE PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WINE COMPANY, THE WORLD CLASS WINES INC BELLBOY CORPORATION LESSONS/CLASSES ADULT/YOUTH/OTJTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG TELEPHONE BUILDING MATERIALS WASTE DISPOSAL GARNISHMENT WITHHELD LIFE EMPLOYERS SHARE PERA WITHHELD PERA WITHHELD DISABILITY IN EMPLOYERS TOBACCO PRODUCTS BEER 6/12 WINE DOMESTIC BEER 6/12 TOBACCO .PRODUCTS BEER 6/12 MISC TAXABLE MISC TAXABLE TRANSPORTATION OPERATING SUPPLIES-GENERAL WINE DOMESTIC BEER 6/12 WINE DOMESTIC WINE IMPORTED OTHER CONTRACTED SERVICES MILEAGE AND PARKING . DUES & SUBSCRIPTIONS DUES & SUBSCRIPTIONS CONFERENCE DUES & SUBSCRIPTIONS DUES & SUBSCRIPTIONS DUES & SUBSCRIPTIONS DUES & SUBSCRIPTIONS POSTAGE ' CONFERENCE CABLE TV OTHER CONTRACTED SERVICES BEER 6/12 . BEER 6/12 WINE DOMESTIC MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE MISC TAXABLE MISC TAXABLE WINE IMPORTED MERCHANDISE FOR RESALE OPERATING SUPPLIES-GENERAL WINE DOMESTIC WINE IMPORTED BEER 6/12 WINE IMPORTED WINE IMPORTEZI MISC TAXABLE ICE ARENA GENERAL SPECIAL EvENTS/TRIPS SPECIAL EvENTS/TRIPS STREET MAINTENANCE PRESCHOOL EVENTS WATER TREATMENT PLANT FD 10 ORG BENEFITS FD 10 ORG FD 10 OR0 FD 10 ORG PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE .CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 GENERAL COMMUNITY CENTER ADMIN IN SERVICE TRAINING WATER TREATMENT PLANT COUNCIL POLICE IN SERVICE TRAINING COUNCIL IN SERVICE TRAINING COMMUNITY SERVICES COUNCIL COMMUNITY SERVICES LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 4 ll-JAN-2000 (13 COUNCIL CHECK REGISTER 83098 83099 83100 83101 83102 83103 83104 83105 83106 83107 83108 83109 83110 83111 83112 83113 83114 83115 83116 83117 83118 83119 83120 83121 83122 83123 83124 83125 83126 83129 83130 83131 83132 83133 83134 83135 83 13 6 83137 83138 83139 83140 83141 83142 83144 83145 83146 83147 83148 83150 83151 83153 83154 83155 83157 83158 $63 -24 $36.80 $60 - 65 $705.00 $108.86 $432.06 $121.00 $171.70 $750 - 00 $684.90 $75.00 $104.36 $30.00 $555.00 $347.97 $210.64‘ $185.52 $340.78 $120 - 00 $75.00 $632.30 $85.20’ $3,000 -00 $4 , 830.49 . $788.40 $219.82 $2,019 -45 $147.27 $12,549.45 $1,155 - 86 $119.97 $19.00 $31.01 $599.50 $35.00 $9,458.83 $5.00 $197.95 $920.34 $50.74 $2,862.13 $1,336.95 $1,640.71 $1,678.08 $1,641.49 $3,231.05 $82.50 $2,304.79 $813.28 $9,861.44 $5,555.15 $75.04 $1,482 -97 $1,614 -40 $2,814 -30 LANENBERG, CYNTHIA MARK VI1 NOR’I” STATES POWER CO NORWEST BANK MN N.A. PHILLIPS WINE AND SPIRITS INC SCHMITZ, THOMAS US WEST COMMUNICATIONS BARBER, JEFF BOMA MINNEAPOLIS CASSADY, KEVIN FIRE DEPT SAFETY OFFICERS ASS0 HUSTAD LAND COMPANY MACA MPCA MSS HOLDINGS, LLC RDA ADVISORS REAtIFE INC. SEARS EDEN PRAIRIE SENSIBLE LAND USE COALITION SIERRA DIGITAL INC. STAHL, JERRY STEIN, MIKE UNITED STATES POSTAL SERVICE US WEST COMMUNICATIONS CHETS SAFETY SALES INC DALY GROUP, THE ESA MANAGEMENT INC. KRAEMERS HARDWARE INC QUALITY WINE & SPIRTS CO RED WING SHOE STORE RUE, RODNEY WOLF CAMERA INC HAMMERLIND, PETE HOME DEPOT, THE IAPE MASSACHUSETTS MUTUAL LIFE INSU NELSON, MARQUE WIEDEWITSCH, LINDA ELAN FINANCIAL SERVICES AMERIPRIDE &INEN & APPAREL SER DAY DISTRIBUTING EAGLE WINE COMPAKY . GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LAKE: REGION VENDING MARK VI1 PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING AMERIPRIDE LINEN & APPAREL SER BmLBOY CORPORATION DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY MILEAGE AND PARKING BEER 6/12 ELECTRIC PAYING AGENT MERCHANDISE FOR RESALE SCHOOLS CONTRACTED REPAIR & MAINT CONFERENCE DUES & SUBSCRIPTIONS INSURANCE DUES & SUBSCRIPTIONS DEPOSITS DUES & SUBSCRIPTIONS CONFERENCE DEPOSITS DEPOSITS DEPOSITS OTHER EQUIPMENT CONFERENCE REC EQUIP & SUPPLIES DEPOSITS TRAINING SUPPLIES POSTAGE TELEPHONE CLOTHING & UNIFORMS DEPOSITS DEPOSITS OPERATING SUPPLIES-GENERAL WINE DOMESTIC CLOTHING & UNIFORMS MILEAGE ANI) PARKING PHOTO SUPPLIES LICENSES & TAXES FURNITURE & FIXTURES DUES & SUBSCRIPTIONS BLDG RENTAL ADULT/YOUTH/OUTDOOR CTR PROG FURNITURE & FIXTURES CONFERENCE OTHER CONTRACTED SERVICES BEER 6/12 WINE IMPORTED WINE IMPORTED MERCHANDISE FOR RESALE TOBACCO PRODUCTS BEER 6/12 MISC TAXABLE MISC TAXABLE WINE IMPORTED MERCHANDISE FOR RESALE BEER 6/12 OTHER CONTRACTED SERVICES MERCHANDISE FOR RESXE BEER 6/12 BEER 6/12 FIRE LIQUOR STORE CUB FOODS TRAFFIC SIGNALS 2ND SHEET ICE C/C PRAIRE VIEW LIQUOR #3 FIRE POLICE IN SERVICE TRAINING IN SERVICE TRAINING GENERAL FIRE ESCROW ANIMAL WARDEN PROJECT SEWER UTILITY-GENERAL ESCROW ESCROW ESCROW OUTDOOR CTR PROGRAM IN SERVICE TRAINING ATHLETIC COORDINATOR ESCROW FIRE GENERAL GENERAL EQUIPMENT MAINTENANCE ESCROW ESCROW TRAFFIC SIGNALS . LIQUOR STORE CUB FOODS STREET MAINTENANCE ENGINEERING DEPT WATER TREATMENT PLANT PARK MAINTENANCE. 1998 REHAB PROGRAM POLICE PRAIRE VIEW LIQUOR #3 OUTDOOR CTR PROGRAM 1998 REHAB PROGRAM COUNCIL PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS COUNCIL CHECK REGISTER 11-JAN-2000 (l3 83159 83160 83161 83162 83163 83164 83165 83167 83168 83169 83170 83171 83172 83173 83174 83175 83176 83177 83178 83179 83180 83181 83182 83183 83184 83185 83186 83187 83188 83189 83190 83191 83192 83193 83194 83195 83196 83197 83198 83199 83200 83201 83202 83203 83204 83205 83206 83207 83208 83209 83210 83211 83212 83213 83214 $365 -40 $1,500.75 $6,373.71 $1,471.95 $645.68 $88.20 $4,978.96 $465.18 $1,854.14 $2,883.50 $572.38 $2,200.16 $4.50 $326.43 $25.17 $40.30 $27.50 $275.00 $199.51 $72.00 , $648.60 $90.00 $10.00 $44.00 $26.24 $6.25 $20.00 $200.00 $26.25 $58.00 $44.00 $44.00 $30.00 $10.08 $2,464.00 $520.06 $53.80 $173.21 $3.00 $208.51 $31.94 $30.00 $100.00 $185.53 $20.29 $15.00 $490.56 $16.74 $49.84 $143.75 $22.62 $291.00 $7,903.22 $276.00 $621.98 GETTMAN COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VI1 MIDWEST COCA COLA BOTTLING COM NORTH STAR ICE PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WINE MERCHANTS INC DELEGARD TOOL CO GRAY, ALAN HARRIS, JEAN KRAEMERS HARDWARE INC SCHEPERS, JACK VANDENBERGHE, MARK WASTE MANAGEMENT OF MN INC. WASTE MANAGEMENT-SAVAGE MN BCA CJIS ID UNIT METROPOLITAN FORD MINNESOTA BD OF PEACE OFFICER MINNESOTA STATE UNIVERSITY ALLEN, BECKY DZIUBAK, BECKY FORSLINE, AMY GEISER, SUSAN GENERAL MILLS HUBLE, JESSICA HYSJULIEN, TRACEY JANSEN, BARB NEWELL, CHRIS WALLER, NICOLE WOLF CAMERA INC BAD-BRAZ TRUCKING INC.. MINNESOTA VALLEY ELECTRIC COOP PITNEY BOWES INC WASTE MANAGEMENT- SAVAGE MN BORN LE ANN 10s CAPITAL LINDA€&, DAVID MINNESOTA GFOA . SOUNDS GREAT WIEDEWITSCH, LINDA WOLF CAMERA INC COMPUTER CHEQUE OF MINNESOTA I GE CAPITAL PORTA, KITTY RASMUSSEN, LISA US BANK WOLF CAMERA INC GRAPE BEGINNINGS JOHNSON BROTHERS LIQUOR CO MIDWEST COCA COLA BOTTLING COM PAUSTIS & SONS COMPANY MISC TAXABLE MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE BEER 6/12 MISC TAXABLE MISC TAXABLE WINE DOMESTIC MISC TAXABLE MERCHANDISE FOR RESALE BEER 6/12 WINE IMPORTED SMALL TOOLS MILEAGE AND PARKING MILEAGE AND PARKING SMALL TOOLS MILEAGE AND PARKING SCHOOLS GARBAGE & RUBBISH LICENSE WASTE DISPOSAL PROFESSIONAL SERVICES HOPE LOAN RECEIVABLE LICENSES & TAXES OPERATING SUPPLIES-GENERAL ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES FACILITIES RENTAL ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES PHOTO SUPPLIES OTHER CONTRACTED SERVICES ELECTRIC MISCELLANEOUS WASTE DISPOSAL SR CITIZENS/ADULT PRO0 FEES RENTALS OPERATING SUPPLIES-GENERAL DUES & SUBSCRIPTIONS OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL PHOTO SUPPLIES OTHER CONTRACTED SERVICES RENTALS MILEAGE AND PARKING MILEAGE AND PARKING PAYING AGENT PHOTO SUPPLIES WINE DOMESTIC MERCHANDISE FOR RESALE MISC TAXABLE WINE IMPORTED LIQUOR STORE CW FOODS PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS EQUIPMENT MAINTENANCE ENGINEERING DEPT COUNCIL EATON BLDG PRAIRIE VILLAGE LIQUOR #I POLICE FD 10 OR0 FIRE STATION #1 FINANCE DEPT hope auto repair POLICE PROGRAM SUPERVISOR PRESCHOOL EVENTS POOL LESSONS POOL LESSONS POOL LESSONS OUTDOOR CTR PROGRAM OAK POINT LESSONS ICE ARENA PRESCHOOL EVENTS PRESCHOOL EVENTS ICE ARENA POLICE FACILITIES-CITY CENTER REM01 STREET LIGHTING GENERAL FIRE STATION #1 SENIOR CENTER PROGRAM FIRE COMMUNITY DEVELOPMENT FINANCE DEPT SPECIAL EVENTS/TRIPS 1998 REHAB PROGRAM ASSESSING-ADMIN LIQUOR STORE CUB FOODS GENERAL IN SERVICE TRAINING YOUTH TENNIS PRINCIPAL & INTEREST ASSESSING-ADMIN PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 DEL 6 83215 83217 83218 83219 83220 83221 83222 83223 ,83224 83225 83226 83227 83228 83229 83230 83231 83232 83233 83.234 83235 83236 83237 83238 83241 83242 83243 83244 83245 83246 83247 83248 83249 83250 83251 83252 83253 83254 83255 83256 83257 83258 83259 83260 83261 83262 83263 83264 83265 83266 83267 83268 83270 83271 83272 83273 $8,639 -20 $1,483.90 $107 -41 $203 -42 $196.40 $450.00 $360 -21 $387.00 $640.59 $1,117.03 $104.00 $115.00 $103.00 $155.25 sioo.41 $86.36 $1,734 .OO $537.50 $181.50 $980 -50 $6,546.91 $249.72 $1,233.00 $492.81 $316.69 $483.50 $2,776.00 $285.08 $1,394.37 $35.67 $87.86 $1,863.67 $15,986.52 $50.00 $375.00 $3,699.22 $36.90 $240.36. $140.79 $561.95 $1,931.88 $11,750.00 $99.85 $292.56 $507.06 $4,310.05 $56.55 $222.00 $432.35 $2,522.90 $842.80 $24,538.90 $61.60 $865.66 $322.00 PHILLIPS WINE AND SPIRITS INC WINE MERCHANTS INC ABM EQUIPMENT AND SUPPLY COMPA AIRGAS SAFETY APRIA HEALTHCARE INC. ASCAP ASPEN REACH EQUIPMENT COMPANY ASSOCIATED WELL DRILLERS INC BAUER BUILT TIRE AND BATTERY BIFFS INC BLOOMINGTON LOCK AND SAFE* BMS...INTEGRATED OFFICE TECHNO BOMA INTERNATIONAL BRAUN INTERTEC CORPORATION BRO-TEX INC BROADWAY AWARDS BROTHERS FIRE PROTECTION BROWN, PAUL BROWNELLS INC. BUCK, NATHAN CARGILL SALT CATCO CLUTCH & TRANSMISSION SE CHANHASSEN BUMPER TO BUMPER CONNEY SAFETY PRODUCTS CONTINENTAL SAFETY EQUIPMENT CONVERGENT COMMUNICATIONS SRVC CORNERHOUSE CORPORATE EXPRESS CORPORATE GRAPHICS COMMERCIAL CUB FOODS EDEN PRAIRIE CUMMINS NORTH CENTRAL INC CY’S UNIFORMS DANK0 EMERGENCY EQUIPMENT CO DEM CON LANDFILL INC DIETHELM, GARY DPC INDUSTRIES INC DRISKILLS NEW MARKET EARL F ANDERSEN INC ECOLAB INC EDEN PRAIRIE APPLIANCE EDEN PRAIRIE SCHOOL DISTRICT N EF JOHNSON EMED COMPANY INC EMERGENCY APPARATUS MAINTENANC ESPRESSO MIDWEST INC FACILITY SYSTEMS INC FEDEX FISK, APRIL FORCE AMERICA GARTNER REFRIGERATION & MFG IN GENUINE PARTS COMPANY GEPHART ELECTRIC GINA MARIAS INC GUNNAR ELECTRIC CO INC ma COMPANY WINE DOMESTIC WINE DOMESTIC CONTRACTED REPAIR & MAINT PROTECTIVE CLOTHING REPAIR & MAINT SUPPLIES LICENSES & TAXES EQUIPMENT PARTS OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT WASTE DISPOSAL CONTRACTED BLDG REPAIRS CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENE= CONST TESTING-SOIL BORING EQUIPMENT PARTS REC EQUIP & SUPPLIES BUILDING OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OTHER CONTNICTED SERVICES SALT EQUIPMENT PARTS EQUIPMENT PARTS SAFETY SUPPLIES SAFETY SUPPLIES TELEPHONE PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL PRINTING OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS CLOTHING & UNIFORMS PHOTO SUPPLIES WASTE DISPOSAL OPERATING SUPPLIES-GENERAL CHEMICALS MERCHANDISE FOR RESALE SIGNS CONTRACTED BLDG MAINT CONTRACTED EQUIP REPAIR GYM RENTAL CONTRACTED REPAIR & MAINT FURNITURE & FIXTURES CONTRACTED REPAIR & MAINT CONTRACTED BLDG REPAIRS FURNITURE & FIXTURES CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES EQUIPMENT PARTS REPAIR & MAINT SUPPLIES EQUIPMENT PARTS BUILDING OPERATING SUPPLIBS-GENE3AL CONTRACTED REPAIR & MAINT OTI-IER EQUIPMENT 1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 EQUIPMENT MAINTENANCE WATER SYSTEM MAINTENANCE POOL MAlNTENANCE ICE ARENA EQUIPMENT MAINTENANCE PARK MAINTENANCE EQUIPMENT MAINTENANCE PARK. MAINTENANCE EATON BLDG POLICE GENERAL BUILDING FACILITIES TRAFFIC SIGNAL-MITCHELL RD EQUIPMENT MAINTENANCE SENIOR CENTER PROGRAM FIRE STATION CONSTRUCTION . PARK FACILITIES POLICE VOLLEXBALL SNOW & ICE CONTROL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE SAFETY GENERAL POLICE POLICE POLICE FIRE EQUIPMENT MAINTENANCE POLICE FIRE STREET MAINTENANCE CEMETERY OPERATION WATER TREATMENT PLANT CONCESSIONS TRAFFIC SIGNS EATON BLDG EP CITY CTR OPERATING COSTS ADAPTIVE RECREATION WIRELESS COMMUNICATION WATER TREATMENT PLANT FIRE EP CIm CTR OPERATING COSTS FACILITIES-FUNITURE REPLACEMEN EQUIPMENT MAINTENANCE VOLLEYBALL EQUIPMENT MAINTENANCE ICE ARENA EQUIPMENT MAINTENANCE FIRE STATION CONSTRUCTION FIRE TRAFFIC SIGNAZtS WATm SYSTEM MAINTENANCE COUNCIL CHECK REGISTER 11-JAN-2000 (13 83274 83275 83276 83277 83278 83279 83280 83281 83282 83283 83284 83285 83286 83287 83288 83289 83290 83291 83292 83293 83294 83295 83296 83297 83298 83299' 83300 83301 83302 83303 83304 83305 83306 83307 83308 83309 83310 83311 83312 83313 83314 83315 . 83316 83317 83318 83319 83320 83321 83322 83323 83324 83325 83326 83327 83328 $87.82 $75.00 $200.00 $100.00 $444.00 $582.61 $3,318.75 $674.00 $435.00 $144.79 $230.40 $40,034.18 $432.68 $10.84 $47153 $103.64 $1,619.32 $175.73 $48;458.05 $497.25 $121.95 $3,686.10 $17,444.69 $84.60 $446.24 $23,412.60 $24.79 $2,077.15 $562.50 $530.24 $1,608.35 $809.43 $7.70 $25.00 $31.24 $144 .OO $550.00 $1,919.04 $210.87 $1,206.60 $3,239.50 $66.99 $6,326.10 $52.50 $412.00 $612.50 $17,271.49 $12,073.78 $638.95 $812.82 $266.00 $5.16 $172.74 $172.48 $360.32 IIALDEMA" HOMME INC HARMON AUTOGLASS HENDERSON, JOSH HENNEPIN COUNTY SHERIFF'S OFF1 HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER - AC HIGLEY, STEVE HOLMES, JOHN CARTER ICE SKATING INSTITUTE IC1 DULUX PAINT CTRS INDUSTRIAL LIGHTING SUPPLY INC INGRAM EXCAVATING INC INTERNATIONAL SUNPRINTS INC INTERSTATE DETROIT DIESEL INC 3 H =SON ELECTRICAL COMPANY JAMCO MARKETING GROUP SEANE THORNE INC JIM HATCH SALES CO XILLMER ELECTRIC CO INC LAKELAND FORD TRUCK SALES LAND'S END CORPORATE SALES LANDCARE USA LOGIS MARKS CERTICARE AMOCO MAXI-PRINT INC McFARLAND CONSTRUCTION COMPANY MCGLY" BAKERIES MCNEILUS STEEL INC MEALS ON WHEELS MENARDS METRO FIRE METROPOLITAN FORD MIDWEST ASPHALT CORPORATION MINNESOTA CHAPTER IAAI MINNESOTA CONWAY MINNESOTA SAFETY COUNCIL MINNESOTA TRANSPORTATION ALLIA MINNESOTA VIKINGS FOOD SERVICE MINNESOTA WANNER COMPANY MOORE MEDICAL CORP MULCAHY INC NCR CORPORATION NORTH STAR TURF SUPPLY NRPA PUBLICATIONS CENTER PACE ANALYTICAL PARSONS ELECTRIC CO PINK BUSINESS INTERIORS PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PRESTON, ROGER RAINBOW FOODS - CHARGES RDO FINANCIAL SERVICES CO READY CARE INDUSTRIES REBS MARKETING OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES BOARD OF PRISONERS SVC OPERATING SUPPLIES-GENERAL BOARD OF PRISONERS SVC OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL BLDG REPAIR & MAINT BLDG REPAIR & MAINT IMPROVEMENT CONTRACTS AWARDS EQUIPMENT PARTS REPAIR & MAINT SUPPLIES OPERATING SUPPLIES -GENERAL EMPLOYMENT ADVERTISING OPERATING SUPPLIES-GENERAL IMPROVEMENT CONTRACTS EQUIPMENT PARTS CLOTHING & UNIFORMS CONTRACTED BLDG REPAIRS LOGIS SERVICE MOTOR FUELS PRINTING BUILDING OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES PROFESSIONAL SERVICES EQUIPMENT PARTS CONTRACTED REPAIR & MAINT CONTRACTED REPAIR & MAINT WASTE BLACKTOP/CONCRF,TE DUES & SUBSCRIPTIONS CONTRACTED REPAIR & MAINT SAFETY SUPPLIES DUES & SUBSCRIPTIONS OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES SAFETY SUPPLIES BUILDING OFFICE SUPPLIES CHEMICALS OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES FURNITURE: & FIXTURES PRINTING SMALL TOOLS PRINTING OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS CLEANING SUPPLIES OTHER CONTRACTED SERVICES COMMUNITY DEVELOPMENT EQUIPMENT MAINTENANCE ADULTOPENGYM . POLICE COMMUNITY DEVELOPMENT POLICE VOLLEYBALL VOLLEYBALL ICE ARENA WATER TREATMENT PLANT WATER TREATMENT PLANT EDEN CROSSING ROADS VOLLEYBALL EQUIPMENT MAINTENANCE EATON BLDG POLICE HUMAN RESOURCES PARK MAINTENANCE HOV BYPASS LANE W RD AT 494 EQUIPMENT MAINTENANCE POLICE FIRE STATION #1 SEWER ACCOUNT EQUIPMENT MAINTENANCE . POLICE . FACILITIES-CITY CENTER REMODEL SENIOR CENTER PROGRAM PARK MAINTENANCE HOUSING, TRANS, & SOC SVC EQUIPMENT MAINTENANCE FIRE EQUIPMENT MAINTENANCE STREET MAINTENANCE POLICE EQUIPMENT MAINTENANCE SAFETY ENGINEERING DEPT POLICE FIRE STATION #3 FIRE FIRE STATION CONSTRUCTION COMMUNITY CENTER ADMIN PARK MAINTENANCE AQUATICS & FITNESS SUPERV WATER TREATMENT PLANT FACILITIES-CITY CENTER REMODEL FURNITURE ACCOUNT FIRE GENERAL BUILDING FACILITIES SENIOR CENTER PROGRAM SOFTBALL SENIOR CENTER PROGRAM EQUIPMENT MAINTENANCE GENERAL BUILDING FACILITIES WE32 ACCOUNTING 83329 83330 83331 83332 83333 83334 83335 83336 83337 83338 83339 83340 83341 83342 83343 83344 83345 83346 83347 83348 83349 83350 83351 83352 83353 83354 83355 83356 83357 83358 83359 83360 83361 83362 83363 83364 83365 83366 83367 83368 83369 83370 03371 83372 $14.34 $282.90 $76.00 $255 .OO . $53.82 $499.50 $548.08 $395.00 $162.95 $317.00 $281.88 $705.50 $4,913.75 $1,536.12 $22.75 $200.29 $4,292.35 $5,554.49 $146.34 $39.81 $3,096.90 $180.47 $147.54 $1,093.47 $317.60 $383.32 $2,005.75 $164.35 $643.00 $37.19 $2,505.88 $258.91 $235.36 $7 , 511 $10 $100 $1,430 $215 $287 12 00 96 41 83 33 $6,607.60 $73.48 $1,276.50 $55.26 $366.95 $1,03 8,552.51* RIGID HITCH INCORPORATED ROADRUNNER TRANSPORTATION INC ROCK, PATRICK ROOT 0 MATIC SAMUEL J?RENCH INC ScHDLtTZ , WILBUR SHORT ELLIOT HENDRICKSON INC SIERRA DIGITAL INC. SIWEK LUMBER & MILLWORK INC S JF SNAP-ON TOOLS SOCCER EXPRESS SOUTH HENNEPIN REGIONAL PLANNI SOUTHWEST SUBURBAN PUBLISHING- SPORTS WORLD USA INC ST JOSEPH EQUIPMENT INC STOP STICK LTD. STREICHERS STRINGER BUSINESS SYSTEMS INC SUBURBAN CHEVROLET GEO SUBURBAN TIRE & AUTO SERVICE I SULLIVANS UTILITY SERVICES INC SUNSOURCE/FAWER SYSTECH SERVICES TKDA TOLL GAS AND WELDING SUPPLY TWIN CITY GARAGE DOOR CO TWIN CITY OXYGEN CO TWIN CITY TILE & MARBLE COMPAN TWIN CITY TIRE UNIFORMS UNLIMITED UNLIMITED SUPPLIES INC us FILTER/WATERPRO VALLEY PAVING INC W GORDON SMITH COMPANY, THE W W GRAINGER INC WASCHE COMMERCIAL FINISHES WATSON CO INC, THE WEST WELD WM MUELLER AND SONS INC WOLF CAMERA INC ZAHN, GERXLD ZEP MANUFACTURING CO ZIEGLER INC EQUIPMENT PARTS CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES CONTRACTED BLDG REPAIRS OPERATING SUPPLIES-GENER?G OTHER CONTRACTED SERVICES DESIGN & CONST REC EQUIP & SUPPLIES BLDG REPAIR & MAINT SMALL TOOLS SMALL TOOLS RESERVE EQUIPMENT PROFESSIONAL SERVICES ADVERTISING OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL CLOTHING & UNIFORMS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS EQUIPMENT PARTS WASTE DISPOSAL EQUIPMENT PARTS COMPUTERS OTHER CONTRACTED SERVICES CONTRACTED EQUIP REPAIR BUILDING SAFETY SUPPLIES BUILDING CONTRACTED REPAIR & MAINT CLOTHING & UNIFORMS EQUIPMENT PARTS REPAIR & MAINT SUPPLIES IMPROVEMENT CONTRACTS MOTOR FUELS EQUIPMENT PARTS BUILDING MERCHANDISE FOR RESALE LUBRICANTS & ADDITIVES GRAVEL PHOTO SUPPLIES OTHER CONTRACTED SERVICES LUBRICANTS & ADDITIVES EQUIPMENT PARTS EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE BASKETBALL EATON BLDG SUMMER THEATRE VOLLEYBALL PIONEER TRAIL SANITARY SEWER ATHLETIC COORDINATOR HERITAGE PRESERVATION STREET MAINTENANCE EQUIPMENT MAINTENANCE POLICE HOUSING, TRANS, & SOC SVC COMMUNITY CENTER ADMIN ICE ARENA EQUIPMENT MAINTENANCE POLICE POLICE GENERAL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE OUTDOOR CENTER-STARING LAKE EQUIPMENT MAINTENANCE INFORMATION SYSTEM WATER SYSTEM MAINTENANCE PARK MAINTENANCE FIRE STATION CONSTRUCTION FIRE FIRE STATION CONSTRUCTION EQUIPMENT MAINTENANCE POLICE EQUIPMENT MAINTENANCE WATER SYSTEM MAINTENANCE TRAFFIC SIGNAL-MITCHELL RD EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE FIRE STATION CONSTRUCTION CONCESSIONS ' EQUIPMENT MAINTENANCE ROUND LK PARK K17 ASSESSING-ADMIN VOLLEYBALL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE CITY COUNCIL AGENDA SECTION: Reports of Boards and Commissions Update on Soliciting FAA Support for Changes to MAC Ordinance 51 and EIS for Flying Cloud 1 ITEMNO.: XA 4 Community Development Donald R. Uram Scott A. Kipp Background Information At the November 16, 1999 meeting, the City Council endorsed the solicitation of support from the FAA and key aviation associations for the proposed changes to MAC Ordinance 51 by MAC staff and the Flying Cloud mort AdvisoryCommission. The Metropolitan Airports Commission has not completed a Federal Aviation Regulations (FAR) Part 161 study required by the FAA for the nighttime curfew of Stage I1 jets proposed in the changes to Ordinance 5 1. This study will take approximately one year to complete. The FAA does not allow proposed restrictions on airports be included in Environmental Impact Statements unless a Part 161 study indicates otherwise. Soliciting the positions of these influential organizations and the FAA prior to completion of a required FAR Part 161 study will give MAC, the City and general public some indication of whether the nighttime curfew has merit for support during the EIS process. The nighttime restriction was critical in support of the proposed changes to the Ordinance by the . Flying Cloud Airport Advisory Commission. MAC represented to all involved that the changes to Ordinance 5 1 would be part of the EIS. The Draft EIS is now out for review with the public hearing set for February 9,2000 at the Hennepin Vo-Tech. Tom Heffelfinger, Chairman of the Commission will be at the City Council meeting to present this issue. CITY COUNCIL AGENDA SECTION: Report of City Manager DATE: January 18,2000 I SERVICE AREA: Chris Enger, City ITEM DESCRIPTION: Management and Use Plan: DouglasMore House I ITEMNO: 0 Cummings/Grill House 0 Riley/ Jacques House Requested Action Move to: Direct the City.Staff to work with the Community Program Board and Heritage Preservation Commission to develop recommendations for the future use of the DouglasMore Property, the Cumrnings/Grill House, and Riley/Jacques House. The analysis of the properties should take into account their: historic significance, potential adaptive re-use, operations, maintenance, programming, all costs, and financial sustainability over time. Synopsis The City staff, with input from the Heritage Preservation Commission should develop several optional uses for each of the historic sites for recommendations to the Community Program Board. Recommendations fi-om the Community Program Board and City Staff, consistent with the City’s Strategic Plan, should be made to the City Council by June 1,2000. Background The City purchased the Helen and Earl More house in 1981 in order to assure control over its historic preservation. The house is located on the east side of County Road 4, south of Lincoln Lane. The Mores retained life estate privileges on the property. Upon the recent death of Earl More, the City became the sole owner of the DouglasMore House located at 8107 Eden Prairie Road. At this time, the heirs to the estate intend to sell the contents of the home. It is timely for the City to determine the future use of the home prior to developing a rental agreement for any proposed tenant. The Mores have been living in the house since the City acquired the property, however, the park maintenance staff have maintained the grounds, mowed the lawn, plowed snow, and paid for any major building repairs. The building needs extensive maintenance and repair work at this time. However, depending upon the end use of the facility, the City should consider uses for the facility other than simply maintaining ownership with a renter in the facility. I City Council Agenda 1/18/2000 Status of Historic Sites Page 2 Staff members fiom: Finance, Assessing, Facilities, Parks and Recreation, Community Development (including Historic Preservation), Management Services, and Building Inspections will be involved in the review of all three historic sites. Each of these divisions will provide facts, concerns, and potential uses for the site to the Heritage Preservation Commission for their consideration. The HPC should review those facts and submit a recommendation to the Community Program Board regarding potential uses of the DouglasMore House. The Staff and Community Program Board will make recommendations to the City Council. A major consideration should be the estimated cost to restore, maintain, and program all three historic sites prior to making a recommendation on any one particular site. These costs should be evaluated with the ongoing discussions the City Council has had with City staff regarding overall City services and the long term Capital Improvement Plan, as well as the ability to Eund those requests. a CITY COUNCIL AGENDA SECTION: Reports of Director Parks and Recreation Services DATE: January 18, 2000 SERVICE AREA/DMSION: Parks and Recreation Robert A. Lambert Director Requested Action ITEM DESCRIPTION: Approve Grant Application and Resolution for a Metro Greenways Planning Grant for Phase I1 of the Creek Corridors Management Plan ~ ITEM NO: st c 1, Motion to: Adopt the resolution applying for a Metro Greenways Planning Grant that will provide 50% of the funding for Phase 11 of the Creek Corridors Management Plan. Synopsis In 1999, the City of Eden Prairie and the Riley-Purgatory-Bluff Creek Watershed District jointly applied for and were approved for a Greenways Planning Grant for the Phase I of a Creek Corridors Management Plan. This management plan provided an inventory of the natural resources within a City owned property along Purgatory Creek and Riley Creek for the purpose of developing recommendations on best methods for protecting those natural resources, and managing the creeks within those sites. Phase I1 of this management plan will provide the actual site plans and management practices recommended for preserving these sites and providing the public reasonable access to enjoy these public properties. The estimated cost for this final phase of the management plan is $40,000. Twenty thousand dollars will be funded through the Metro Greenways Grant, $10,000 from the Riley-Purgatory- Bluff Creek Watershed District and $10,000 from the City of Eden Prairie. Funds for the City’s portion of this planning project would come fiom cash park fees. Attachments 1. Resolution for a Metro Greenways Planning Grant for Phase I1 of Creek Corridors Management Plan I CITY OF EDEN PRAIRIE HEWPIN COUNTY RESOLUTION NO. A RESOLUTION TO APPROVE GRANT APPLICATION FOR A METRO GREENWAYS PLANNING GRANT FOR PHASE 11 OF THE CREEK CORRIDORS MANAGEMENT PLAN WHEREAS, the Minnesota Department of Natural Resources has matching funds available for natural resource inventories and natural resource and./or greenways plans through the Metro Greenways Planning Grant Program, and WHEREAS, a need has been identified to conduct a comprehensive natural resources inventory and natural resources plan for local planning purposes, NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie is applying for a Metro Greenways Planning Grant and has the legal authority to apply for financial assistance, and has the institutional, managerial, and financial capability to ensure that all aspects of the proposed project will be completed; BE IT FURTHER RESOLVED that the City of Eden Prairie and its partner, the RileyhrgatoryBluff Watershed District, will share in the costs of the proposed project with the DNR by providing a cash or in-kind match totaling at 50% of the proposed project costs; BE IT FURTHER RESOLVED that upon approval of its application, the City of Eden Prairie will enter into agreement with the State of Minnesota for the above project and that the City of Eden Prairie certifies that it will comply with all aspects of the grant agreement. NOW BE IT FURTHER RESOLVED the Parks and Recreation Services Director for the City of Eden Prairie is hereby authorized to execute the grant agreement as necessary to implement the project on behalf of the City of Eden Prairie. ADOPTED by the City Council on January 18,2000. Jean L Harris, Mayor ATTEST: Kathleen Porta, City Clerk a CITY COUNCIL AGENDA SECTION: Reports of Director Parks and Recreation Services SERVICE AREALDMSION: Parks and Recreation Robert A. Lambert Director ITEM DESCRIPTION: Round Lake Water Quality ITEM NO: a L2- Requested Action Move to: Accept the recommendations listed on pages three and four of this report, and direct staff to develop a plan and cost estimates for installation of a water curtain, beach fencing and other improvements necessary to provide a clean, safe swimming area at Round Lake. Synopsis In 1999, Barr Engineering submitted a report to the City regarding recommendations for improving water quality in Round Lake. The study recommended projects costing nearly one million dollars. The City *Council requested staff to meet with other governmental agencies charged with water quality improvement and to submit a report offering options to addressing water quality improvement for Round Lake. This report summarizes the Barr Report and discussions with staff from Hennepin Parks, the DNR and the PCA. This report also provides recommendations for less costly measures to address the immediate water quality concerns for the Round Lake swimming beach. Attachment Round Lake Revenues/Expenditures 1997-1 999 Background The purpose of the Round Lake Use Attainability Analysis was to provide an assessment of the water quality of Round Lake, analyze the problems and provide alternative remedial measures that would result in the attainment of water quality sufficient to continue swimming, fishing, boating, etc. This study established water quality goals for Round Lake and quantified the status the of lake in relation to those goals using a standardized lake rating system termed the Carlson’s Trophic State Index (TSI). The goals for Round Lake included: I City Council Agenda - 1/18/2000 Round Lake Water Quality Page 2 1. A recreation goal that would fully support swimming and support a sport fishery that included a balance of predator fish (northern pike and bass) and planktivores (bluegills). 2. The water quality goal is to obtain and maintain full support of swimming and fishing. This would require a trophic state index (TSI) of 53 or more. 3. The aquatic communities’ goal is to fully support fishing according to the Minnesota Department of Natural Resources “ecological use classification.” 4. The water quantity goal is to manage surface water runoff from a regional flood, the critical 100 year frequency stom event. 5. The wildlife goal for the lake is to protect existing, beneficial wildlife use. This wildlife goal has been achieved, but the current wildlife use of the lake is impeding the achievement of the lake’s recreation, water quality and aquatic community goals. There is substantial use of Round Lake by waterfowl; particularly geese. Historic Water Quality Trends The study analyzed water quality from 1972 through 1997 and indicated a significant degradation of the lake’s water quality. During that time, the Secchi disc transparency declined fiom 3.2 meters in 1972 to 1.5 meters in 1997. The results of the trend analysis indicate a continued decline in Round Lake quality can be expected to occur unless management practices to stop the decline are identified and implemented. A comparison of the baseline and current data indicates total phosphorus concentrations (summer averages) had increased by approximately 50% and chlorophyll a concentrations have increased by approximately 70%, while Secchi disc transparencies have decreased by more than 50%. Current Water Quality The current water quality of Round Lake is poor and recreational activities are impaired by summer algae blooms. The 1997 total phosphorous concentration data indicates the lake was eutrophic (poor water quality) during early summer and hypereutrophic (very poor water quality) during the middle and late summer. The 1997 chlorophyll a concentration measurements were in the mesotrophic (good water quality) category in the early summer, but were in the eutrophic to hypereutrophic categories during the remaining portion of the summer. The 1997 Secchi disc transparency measurements were in the mesotrophic category during the early summer and in the eutrophic category during the remainder of the summer. The data indicates that minimal recreational use impairment occurs during the early summer, but moderate to severe recreational use impairment (primarily swimming) occurs during the remaining portion of the summer. Watershed Runoff Pollution The 444-acre watershed for Round Lake is fully developed and consists primarily of single family residential, grassland and public sector (Eden Prairie High School) land uses plus roads. The major concern that must be addressed to improve the water quality in Round Lake is to reduce phosphorous loading to the 32-acre lake. The average rate of phosphorous loading is five City Council Agenda - 1/18/2000 Round Lake Water Quality Page 3 pounds of phosphorous per acre of lake per year, which is excessive and causes water quality problems. Recommended Lake and Watershed Management Practices The study recommended seven major steps to improve water quality in Round Lake: 1. Upgrade existing runoff detention ponds. 2. 3. 4. Lake alum treatment. Add new runoff detention pond. Chemical treatment of watershed runoff (treated with alum to reduce its phosphorous content). 5. Fisheries management (initiate a bluegill feeding program with the installation of feeders). 6. 7. Canada geese management. Aquatic weed management (treat with a herbicide “Reward.”) Review of the Report with Other Governmental Agencies City staff have discussed the Barr Engineering Report with a number of limnologists and environmental staff fiom other governmental agencies. The general consensus of other staff is that the Barr recommendations include proposing the City take a very aggressive approach and utilize all of the existing technology to improve Round Lake to desired standards in the shortest amount of time possible. While other governmental officials don’t deny that all of the recommendations proposed in the Barr report would more than likely have a relatively immediate and significant impact on the water quality of Round Lake, they do caution the City that the cost to implement all of these recommendations would be extremely high and the ongoing costs would be significant. All of the individuals City staff consulted recommended a less aggressive, less costly approach to addressing Round Lake’s problem. The representative from the Pollution Control Agency (PCA) indicated that the Clean Waters Act will not require any specific goals to be met in the short term and will probably require the appropriate governmental agencies to have a plan within ten years to indicate how they will meet the EPA standards. The PCA is more supportive of less aggressive technology than alum treatment systems that require high initial costs and ongoing operating costs. They are more supportive of cities adopting specific street sweeping policies and strong ordinances that restrict the use of phosphates in fertilizers. One of the individuals contacted suggested that the most productive step the City could take would be to pass an ordinance similar to the Plymouth ordinance restricting the use of phosphates in fertilizers and commit an annual budget toward educating the public as to why they don’t need to pay for phosphates in fertilizers and to restrict the sale of fertilizers with phosphates within the comm~.~&~. If it is inconvenient to purchase fertilizers with phosphates, the use of phosphates would dramatically be decreased. 3 City ConnciI Agenda - 1/18/2000 Round Lake Water Quality Page 4 RECOMMENDATIONS: City staff recommend the City Council consider the following recommendations: 1. Request the citizens committee that will be responsible for developing the Water Management Plan for the City to evaluate the Barr Report on Round Lake and to establish water quality goals for Round Lake and the best management practices to achieve those goals. 2. Staff recommend shortening the swimming season at Round Lake beach for the summer of 2000 to June 15th through August lSt. Recent water quality records indicate that beyond that time the water quality has diminished to the point that it is marginal for swimming and the County Health Department has generally shut down the beach due to coliform count caused by geese that are beginning to join large flocks after gaining their flight wings. 3. Staff is recommending the City obtain a permit to relocate geese that are nesting within Round Lake Park each year to reduce the negative impact on the swimming beach. 4. All indications are that significant improvement to the water quality in Round Lake will take many years. The water quality in Round Lake now is marginal for swimming. Staff would recommend the Council either eliminate swimming at Round Lake after the summer of 2000 or consider steps that would have to be taken to maintain swimming until the water quality in Round Lake is significantly improved. Those steps would include the following: A. Installation of a “beach curtain.” B. Installation of a four foot high chain link fence around the sand beach area (to keep geese out of the designated sand bathing area. This would be done with the assistance of a dog.) C. Installation of a bubbler system within the swimming area (connected to the existing aeration system) to discourage geese in the swimming area after beach hours. D. Installation of the necessary connections to the City’s existing well at Round Lake Park to augment fresh water behind the curtain to ensure high water quality within the swimming area. E. Advertise for construction of the storage building adjacent to the Round Lake marina for construction dying the summer of 2000. This facility was proposed for funding in 1999 in the Cash Park Fund. City Council Agenda - 1/18/2000 Round Lake Water Quality Page 5 CONSIDERATIONS: Staff would support the steps necessary to maintain swimming at Round Lake beach. The City has invested a great deal of money in Round Lake and Round Lake Park and believe swimming facilities along with the new playground equipment, the marina, and the other recreational facilities at Round Lake Park make this park truly unique. Staff also believe that by maintaining swimming at Round Lake, .citizens will continue to be aware of the need to continue improving the water quality at Round Lake and will support City efforts to improve water quality in all of our lakes. 5