Loading...
HomeMy WebLinkAboutCity Council - 09/21/1999EDEN PRAIRIE CITY COUNCIL WORKSHOP TUESDAY SEPTEMBER 21,1999 CITY COUNCIL: 5:00 -6:55 PM, CITY CENTER TRAINING ROOM LOWER LEVEL Mayor Jean Harris, Councilmembers Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Financial Services Director Don Uram, Public Safety Services Director Jim Clark, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Management Services Director Natalie Swaggert, Commander Gary Therkelsen, Information Technology Coordinator Deb Nelson, Communications Coordinator Steve Nelson, and Recording Secretary Peggy Rasmussen I. CALL MEETING TO ORDER -MAYOR JEAN HARRIS II. APPROV AL OF AGENDA III. TECHNOLOGY UPDATE A. OVERVIEW B. FIBER OPTICS C. CITY PROJECTS D. YEAR 2000 PREPAREDNESS E. STAFFING IV. OTHER BUSINESS V. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 21, 1999 CITY COUNCIL: 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Councilmembers Sherry Butcher-Younghans, 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 Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS A. VIEWING OF CLIP FROM VIDEO. "COOL WATER" IV. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY. SEPTEMBER 7.1999 B. CITY COUNCIL WORKSHOP / FORUM HELD TUESDAY. SEPTEMBER 7.1999 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CROSSTOWN CIRCLE CENTRE-REMOTE PARKING Request by Finn Daniels, Inc. 2nd Reading for a Planned Unit Development Concept Amendment on 12.42 acres, Planned Unit Development District Review with waivers on 25 acres, Rezoning from C-Hwy to Office on 2.5 acres, Site Plan Review on 2.5 acres and a Preliminary Plat of 2.5 acres into one lot. Location: Southwest comer of Crosstown Circle and Flying Cloud Drive. (Ordinance for PUD District Review and Rezoning and Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF CROSSTOWN CIRCLE ADDITION I CITY COUNCIL AGENDA September 21, 1999 Page 2 D. ADOPT RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM E. ADOPT RESOLUTION AMENDING RESOLUTION #98-213 FOR REGULATING FEES AND CHARGES FOR BUSINESS LICENSES. PERMITS AND MUNICIPAL SERVICES F. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF TAX FORFEITED LAND. AUTHORIZE SUBMITTAL OF APPLICATION TO HENNEPIN COUNTY FOR GLENSHlRE OUTLOT A AND AUTHORIZE EXECUTION OF CONSERVATION EASEMENT AGREEMENT G. APPROVE REVISION TO SECTION I OF EDEN SHORES TAX INCREMENT PLAN FOR TAX INCREMENT DISTRICT #15 H. AUTHORIZE EXECUTION OF PROJECT MANAGEMENT AGREEMENT FOR THE EDEN SHORES PROJECT I. AUTHORIZE SIGNING OF WINTER USE PERMIT WITH HENNEPIN REGIONAL PARKS FOR LRT WINTER USE J. AWARD BID FOR RILEY LAKE PICNIC PAVILLION AND PLAZA K. REJECT BID FOR RICHARD T. ANDERSON CONSERVATION AREA RETAINING WALL L. ADOPT RESOLUTION APPROVING NEW DATE. DECEMBER 13. 1999. FOR THE TRUTH IN TAXATION RECONVENED PUBLIC HEARING VI. PUBLIC HEARINGS / MEETINGS VII. PAYMENT OF CLAIMS VIII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2 RELATING TO BOARDS AND COMMISSIONS IX. PETITIONS. REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. APPEAL ON A CONDITION RELATED TO BOA ACTION ON VARIANCE 99-14 FOR MATT'S AUTO CITY COUNCIL AGENDA September 21, 1999 Page 3 B. REPORT FROM ENVIRONMENTAL AND WASTE MANAGEMENT COMMISSION XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Mayor's Proposal for Appointments for Transition Planning Board 2. Selection of Proposed Name for "Leisure and Communication Board" 3. Sherry Butcher-Younghans' Report on Eden Prairie Foundation B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 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. COUNCIL FORUM INVITATION XIV. ADJOURNMENT 3 CITY COUNCIL AGENDA DATE: SECTION: Other Items of Business September 21, 1999 SERVICE AREA / DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Presentation of Video, "Cool Water" III. A. Leslie Stovring REQUESTED ACTION: Receive "Cool Water" video, view a brief clip of the video and thank the residents and youth for their participation in the project. SYNOPSIS: The "Cool Water" video was shot in Eden Prairie using local volunteers and City staff. The video was introduced to the public in May 1999 during a showing at the Open House at the Water Treatment Plant. The video focuses on stormwater runoff and non-point source pollution prevention in your yard. The video will be showing on Paragon Cable during September, October and November as well as at the Environmental Learning Center for viewing by the students. BACKGROUND: In 1998, the Environmental & Waste Management Commission developed the idea of producing a video for use at the new Environmental Learning Center that would focus on local issues and use local volunteers. Funding was from the Conservation Surcharge budget established in January 1998. Staff contracted with a local video producer, Mr. Jeff Strate, to produce the "Cool Water" video. Mr. Strate was instrumental in developing the script and working with the Eden Prairie School District to enlist students for shooting many of the sequences in the video. The use of local volunteers, as well as donating his own time, was critical in reducing the overall cost of the video production. Cool Water is currently showing on Paragon Cable and at the Environmental Learning Center. Although Council members have received an individual copy of the video, this ceremonial presentation provides a forum to thank the local youth who participated as well as promote the video and its ramifications -good stewardship of our water environment. Attachment: Memorandum from Leslie Stovring I Memorandul11 To: City Council From: Leslie A. Stovring Date: September 16, 1999 Re: Cool Water Video Presentation A number of volunteers who were involved in the filming of the "Cool Water" video production will be at the City Council meeting to present the video to the City and the Council members. The proposed schedule for the presentation includes: 1. Introduction of the agenda item by the Mayor This would include a short introduction to the video by the Mayor. The proposed topic could be on the discussing the general theme of the video that was proposed by the Environmental & Waste Management Commission in 1998. (i.e. Taking responsibility for your yard is taking responsibility for your City's environment as a whole. Responsible yard care reduces runoff to our City's stonn water system, reducing the amount of nutrients and pollutants entering our stonnwater ponds, wetlands, lakes and streams.) The video includes a lot of hard work by the Commission, staff, volunteers and Mr. Jeff Strate, the video producer. (Both Leslie Stovring and Gene Dietz are also in the video.) The mayor would then introduce the video clip. During the showing of the clip, the mayor and other participants can approach the podium. 2. Video clip from "Cool Water" video -approximately 30 seconds. (Both of the main characters, Emily and Matt, are planning on being at the Council meeting). 3. After the clip is finished, a representative from the Environmental & Waste Management Commission will introduce those in attendance who were in the video. 4. The volunteers will officially present the video to the Council and the City. They will present a short speech on their experience making the video . • Page 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 7,1999 CITY COUNCIL: 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road Acting Mayor Nancy Tyra-Lukens, Sherry Butcher-Younghans, Ronald Case, and Ross Thorfinnson, Jr. 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 Dram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Acting Mayor Nancy Tyra-Lukens called the meeting to order at 7:00 p.m. Mayor Jean Harris was absent. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson requested Item x.A. 1-494 CORRIDOR COMMISSION be moved on the agenda to follow Item IV. Enger added Item VI. F. LINCOLN PARC APARTMENTS PROJECT. Tyra-Lukens added Item x.B. SOUTHWEST METRO. Case added Item XII. A. under Reports of Councilmembers. MOTION: Butcher-Younghans moved, Case seconded, approval of the Agenda as published and amended. Motion carried 4-0. IV. MINUTES A. CITY COUNCIL FORUM HELD TUESDAY, AUGUST 17, 1999 Case made a correction to Page 1, Item A, the last paragraph, which should read "Case asked that a chart be prepared showing the projected growth in the goose population over the next decade." MOTION: Case moved, Thorfinnson seconded, approval of the minutes of the City Council Forum held Tuesday, August 17, 1999, as published and amended. Motion carried 4-0. I UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 17, 1999 Tyra-Lukens made a correction on Page 16, under the motion for VI. C., the last condition should read "The architecture of all of the buildings on all three projects should be redesigned to be complementary, residential in nature, and to include more detail and texture reflective of a traditional downtown." MOTION: Butcher-Younghans moved, Case seconded, approval of the minutes of the City Council Meeting held Tuesday, August 17, 1999, as published and amended. Motion carried 4-0. c. CITY COUNCIL WORKSHOP HELD TUESDAY, AUGUST 24, 1999 Case made a correction to page 3, paragraph 4, the second sentence, which should read "It is government's responsibility. .. ." MOTION: Butcher-Younghans moved, Case seconded, approval of the minutes of the City Council Workshop held Tuesday, August 24, 1999, as published and amended. Motion carried 4-0. x. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. 1-494 CORRIDOR COMMISSION Lisa Radeunz, a consultant to the 1-494 Commission, gave an update on the commission's work. The commission is working with MnDOT, the County, private business and the Metro Council on infrastructure changes. The commission has developed a prioritization process for reconstruction as funds are available. It identified 32 infrastructure improvements along the corridor, and MnDOT has helped to obtain federal dollars for four ofthose projects. The commission is identifying and pursuing new sources of funding for projects and encouraging private investment. Ms. Radeunz has been meeting with the Metro Council, MnDOT, Eden Prairie, Southwest Metro Transit, and the 1-494 Corridor Commission to prepare a demonstration project for a grant that would be used to identify alternatives for getting in and out of the Golden Triangle area, improving the infrastructure, and working with employers in the area to develop services, encourage car pooling, etc. This project is moving forward and could start as early as this fall, once final approval is obtained. Thorfinnson, Chair of the 1-494 Commission, added he has made trips to Washington and also to the Metro Council to obtain transportation funds. In the next six to nine months the 1-494 Corridor Commission hopes to have support to receive federal transportation funding. Acting Mayor Tyra-Lukens thanked Thorfinnson for representing the Council on the 1-494 Corridor Commission and Ms. Radeunz for the hard work she has done on behalf of the commission. UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 3 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. FLAGSHIP CORPORATE CENTER Request by Opus Northwest L.L.c. 2nd Reading of Planned Unit Development Concept Review on 9.2 acres, Planned Unit Development District Review with waivers on 9.2 acres, Zoning District Change from Rural and C-Reg-Ser to Office on 9.2 acres, Site Plan Review on 9.2 acres, and Preliminary Plat of 11.2 acres into 2 lots. Location: North of Flagship Athletic Club, west side of Prairie Center Drive, south of Technology Drive. (Ordinance 1-99-PUD-I-99 for PUD District Review and Zoning District Change and Resolution 99-150 for Site Plan Review) C. EDEN SHORES SENIOR CAMPUS by SilverCrest Properties, LLC. 2nd Reading of Guide Plan Change from Low Density Residential and Neighborhood Commercial to Neighborhood CommerciallHigh Density Residential on 11.5 acres, Planned Unit Development District Review with waivers on 11.5 acres, Zoning District Change from Rural to RM-2.5 on 11.5 acres, Site Plan Review on 11.5 acres and Preliminary Plat of 11.5 acres into one lot. Location: East of Highway 212 at Fountain Place. (Ordinance 22-99-PUD-17-99 for PUD District Review and Zoning District Change and Resolution 99-151 for Site Plan Review) D. SPRING HILL SUITES by GSH Lodging, L.L.C. 2nd Reading of Planned Unit Development Concept Amendment on 4.12 acres to the overall Town Place PUD, Planned Unit Development District Review with waivers on 4.12 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4.12 acres, Site Plan Review on 4.12 acres and Preliminary Plat on 4.12 acres into 2 lots. Location: Den Road and Leona Road. (Ordinance 23-99-PUD-18-99 for PUD District Review and Zoning District Amendment and Resolution 99-152 for Site Plan Review) E. ADOPT RESOLUTION NO. 99-153 APPROVING FINAL PLAT FOR SPRINGHILL SUITES ADDITION F. ADOPT RESOLUTION NO. 99-154 APPROVING FINAL PLAT FOR NORTH BLUFF 1 ST ADDITION G. APPROVE SECOND READING OF AN ORDINANCE NO. 25-99 AMENDING CITY CODE CHAPTER 9 RELATING TO USE OF PARKLAND H. ADOPT RESOLUTION NO. 99-155 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT AT MITCHELL ROAD AND ANDERSON LAKES PARKWAY / SCENIC HEIGHTS ROAD, I.C. 96-5397 I. ADOPT RESOLUTION NO. 99-156 APPROVING TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT AT MITCHELL ROAD AND 3 UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 4 ANDERSON LAKES PARKWAY / SCENIC HEIGHTS ROAD, I.C. 96- 5397 J. ADOPT RESOLUTION NO. 99-157 AUTHORIZING RELEASE OF BELL OAKS LOTS FROM SPECIAL ASSESSMENT AGREEMENT K. ADOPT RESOLUTION NO. 99-158 DIRECTING FEASIBILITY STUDY FOR PUBLIC IMPROVEMENTS TO CEDAR FOREST ROAD, CEDARCREST DRIVE AND VALLEY ROAD IN SECTION 20 AND 29, I.C. 99-5491 L. ADOPT RESOLUTION NO. 99-159 AUTHORIZING FEASIBILITY STUDY FOR PUBLIC IMPROVEMENTS TO CRESTWOOD TERRACE AND DELL DRIVE. I.e. 98-5474 M. APPROVE CHANGE ORDER TO CONTRACT FOR WELL PUMP HOUSE NO. 13, I.C. 98-5475 N. APPROVE CHANGE ORDER NO. 1 FOR INDIAN CHIEF ROAD WATERMAIN EXTENSION, I.C. 99-5492 o. APPROVE QUIT CLAIM DEEDS FOR CSAH 1 CONSTRUCTION PROJECT, I.C. 94-5369 P. ADOPT RESOLUTION NO. 99-160 TO CONTINUE PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM MOTION: Case moved, seconded by Butcher-Younghans, to approve Items A-P on the Consent Calendar. Motion carried 4-0. VI. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE MALL -VON MAUR by General Growth Properties. Request for Planned Unit Development Concept Review on 80 acres, Planned Unit Development District Review with waivers on 10 acres, Zoning District Amendment within the Regional Commercial Service District on 10 acres, and Site Plan Review on 10 acres. Location: Eden Prairie Mall -East Side. (Resolution No. 99-161 for PUD Concept Review and Ordinance for PUD District Review and Zoning Amendment) Enger said official notice of this public hearing was published on August 12, 1999, in the Eden Prairie News and sent to 48 property owners. After the proponent makes his presentation and the Staff report, the meeting will be open for the public to speak. Bill Moston, Senior Development Director for General Growth, is in charge of the redevelopment of Eden Prairie Center. He said the building of a 160,582 square foot Von Maur department store is the second phase of the redevelopment. The first phase is currently under way with the building of a multi-screen theater and UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 5 retail space. Von Maur would be located between Kohl's and Mervyn's. It is scheduled to begin construction this fall and open in the spring of 2001. Butcher-Y ounghans inquired if the bridge from the parking ramp to the department store would be covered. Moston explained the lower level would be covered but not the upper level, as it would not be practical to cover that entrance. Uram said the Planning Commission voted 6-0 to approve this project. The developer is requesting a parking dimension waiver for bay width from 63 to 60 feet for deck parking. This is consistent with the waiver granted for ADC Telecommunications, and the Planning Commission approved this request. Acting Mayor Tyra-Lukens inquired if anyone wished to address the Council. Laura Bluml, 10540 West Riverview Drive, said she would like to see the City require, or strongly recommend, access to the mall for pedestrians and bicyclists from area neighborhoods. MOTION: Case moved, Thorfinnson seconded, to close the public hearing and adopt Resolution 99-161 for PUD Concept Review on 80 acres; and Approve 1 st Reading of the Ordinance for PUD Zoning District Amendment within the Regional Commercial Service Zoning District on 10 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and direct Staff to issue a land alteration permit and footing and foundation permit to General Growth Properties, Inc. to proceed with construction at their own risk. Discussion followed. Case inquired if there are plans to build a pedestrian trail, as requested. Butcher- y ounghans said this was also brought up at the Planning Commission meeting. Moston said General Growth is receptive to the idea. They have to balance the conflict between pedestrians and automobiles, but he pledged to do this at the Planning Commission meeting and would repeat that pledge. Tyra-Lukens asked if this would include provision for bicyclists, and Moston replied it would. Thorfinnson said it is critical to provide sidewalks. He sees more people walking from Prairie Meadows up to the mall. It is hard for them to cross Prairie Center Drive and also to cross the mall's parking area. Motion carried 4-0. B. LARIAT OFFICE BUILDING by Lariat Companies, Inc. Request for Zoning District Amendment within the C-Reg-Ser Zoning District on 2.28 acres and Site Plan Review on 2.28 acres. Location: 8205 Commonwealth Drive. (Ordinance for Zoning District Amendment) Enger said official notice of this public hearing was published on August 26, 1999, in the Eden Prairie News and sent to 20 property owners. He asked the proponent to make his presentation. UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 6 The proponent said this proposal is for a 17,250 square foot office building. There will be a total of 123 diameter inches of significant tree loss, and tree replacement of 119 caliper inches is included in the landscaping plan. They have requested an early grading permit from the Watershed District. Dram said this is one of the easier projects Staff and the Planning Commission have reviewed. The Planning Commission approved it by a vote of 5-0. Acting Mayor Tyra-Lukens asked if anyone wished to address the Council. No one did. MOTION: Butcher-Younghans moved, seconded by Case, to close the public hearing; and approve 1 st Reading of the Ordinance for Zoning District Amendment within the C-Reg-Ser Zoning District on 2.28 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and direct Staff to issue a land alteration permit to Lariat Companies to proceed with construction at their own risk. Motion carried 4-0. C. PHILLIPS & TEMRO INDUSTRIES, INC. by Phillips and Temro Industries, Inc. Request for Zoning District Amendment within the 1-2 Zoning District on 7.44 acres, Site Plan Review on 7.44 acres and Preliminary Plat of 7.44 acres into one lot. Location: 9700 West 74th Street. (Ordinance for Zoning District Amendment and Resolution No. 99-162 for Preliminary Plat) Enger stated official notice of this public hearing was published on August 26, 1999, in the Eden Prairie News and sent to 36 property owners. He asked the proponent to make his presentation. Vic Pearlbacs, Architect of Record for the proponent, said he has been working with the staff of Phillips and Temro on this addition. This project is an addition of9,083 square feet to the front of the building for offices and 29,336 square feet of warehouse to the rear. They propose to replat the existing land into one parceL The site plan shows improvements planned for expansion with new and existing landscaping. He has also been working with City Staff on tree replacement. Dram said the Planning Commission voted 5-0 to recommend approval of the project. Phillips and Temro Industries will have 165 employees in the plant and expect to see a growth rate of 65 percent. Acting Mayor Tyra-Lukens inquired if anyone wished to address the Council. No one did. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the public hearing; and approve 1 st Reading ofthe Ordinance for PUD Zoning District Amendment within the 1-2 Zoning District on 7.44 acres; and adopt Resolution 99-162 for Preliminary Plat on 7.44 acres into one lot; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 7 D. CITY HILL FELLOWSHIP by City Hill Fellowship. Request for Planned Unit Development Concept Amendment on 7.9 acres, Planned Unit Development District Review on 7.9 acres, Zoning District Amendment within the Public Zoning District on 7.9 acres, Site Plan Review on 7.9 acres and Preliminary Plat on 7.9 acres into one lot. Location: 12901 Roberts Drive. (Resolution 99-163 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment, and Resolution 99-164 for Preliminary Plat) Enger said official notice of this public hearing was published on August 26, 1999, in the Eden Prairie News and sent to 60 property owners. He asked the proponent to make his presentation. Senior Pastor Richard Kao of City . Hall Fellowship said the church is experiencing growth and plans a 15,164 square foot addition to the existing structure. He introduced their lead architect, Bob Lambert, who reviewed the site plan, showing the addition of space for offices, Sunday school and a day care. The parking lot has space for 187 cars. Uram said the Planning Commission voted 5-0 to approve the project as proposed. Butcher-Younghans said at the Planning Commission meeting a woman expressed concern that the day care providers would lead children through her yard to a nearby park. Dram said agreement was reached that this would not happen. Kao said there is now a landscaping berm on that side of the building that wasn't there previously. MOTION: Butcher-Younghans moved, seconded by Case, to close the public hearing; and adopt Resolution no. 99-163 for PUD Concept Review on 7.9 acres; and approve 1 st Reading of the Ordinance for PUD Zoning District Amendment within the Public Zoning District on 7.9 acres; and adopt Resolution no. 99-164 for Preliminary Plat on 7.9 acres into one lot; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Discussion followed: Case said he has been asked to see that the farm building on the site will be preserved. He was told it is being used as a residence. Motion carried 4-0. There was a request for an early grading permit. MOTION: Butcher-Younghans moved, seconded by Case, to approve an early grading permit at risk ofthe builder. Motion carried 4-0. E. OFFICE RIDGE CIRCLE SOUTH by Cluts, O'Brien, Strother, Request for Planned Unit Development Concept Amendment on 8.87 acres to the overall 31 acre Bryant LakeCenterlLakeridge Office Park PUD, Planned Unit Development '7 UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 8 District Review with waivers on 8.87 acres, Zoning District Change from Commercial Regional Service to Office on 1.67 acres, Zoning District Amendment within the Office District on 7.2 acres, Site Plan Review on 8.87 acres, and Preliminary Plat of 3.85 acres into 1 lot, and 1 outlot. Location: Between Market Place Drive & Office Ridge Circle. (Resolution No. 99-165 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Change, and Resolution No. 99-166 for Preliminary Plat) Enger said official notice of this public hearing was published on August 26, 1999, in the Eden Prairie News and sent to 52 property owners. He asked the proponent to make his presentation. Dan O'Brien of Cluts, O'Brien, Strother Architects, said this is a proposal for a 28,650 square foot, three-story building located between Market Place Drive and Office Ridge Circle. The first floor is enclosed parking. It also includes elimination of a future 5,500 square foot building previously approved within the Lake Ridge Office Park, and substituting additional parking to serve the new building. The parking exceeds the zoning ordinance. Three waivers have been requested: a front yard structure setback of 20 feet along 1-494, zero lot line setback to parking, and a building height of 32 feet. Uram said the Planning Commission voted 5-0 to recommend approval, subject to conditions in the Staff report. Acting Mayor Tyra-Lukens asked if anyone wished to address the Council. No one did. MOTION: Case moved, seconded by Butcher-Younghans, to close the public hearing; and adopt Resolution No. 99-165 for PUD Concept Amendment on 8.87 acres; and approve 1 st Reading of the Ordinance for PUD District Review and Zoning District Change from Commercial Regional Services to Office on 1.67 acres and Zoning District Amendment within the Office District on 7.2 acres; and adopt Resolution No. 99-166 for Preliminary Plat on 3.85 acres into one lot and one outlot; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. F. LINCOLN P ARC APARTMENTS PROJECT by Community Housing Corporation of America, Request to Adopt a Resolution Authorizing a Proposed Multifamily Housing Program and Issuance of Multifamily Housing Revenue Bonds to finance the cost of a proposed multifamily housing development under Minnesota Statutes, Chapter 462C, as amended, on behalf of Community Housing Corporation of America, a Minnesota nonprofit corporation, or a nonprofit affiliate (the "Borrower"), consisting of the acquisition, construction and equipping of a 186-unit multifamily rental housing development to be owned by the Borrower and located at 8030 Eden Road in the City (Lincoln Parc . Apartments). (Resolution No. 99-167) UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 9 Enger said official notice of this public hearing was published on August 26, 1999, in the Eden Prairie News. Jack Grant, Hartford Financial Services, developers of the Lincoln Parc project, said he is requesting a resolution to sell Multifamily Housing Revenue Bonds to finance the cost of the development. This will reduce rent for a one-bedroom apartment by $300 less than the projected market rent, and a two-bedroom apartment by $500 less than the projected market rent, as would the three- bedroom units. Butcher-Y ounghans asked how many of the one-and two-bedroom units are set aside for affordable rental. Grant responded 25 percent of the units would be set aside for reduced rent out of a total of 186 units. For example, there would be 23 one-bedroom units, of which 25 percent would be set aside for reduced rent. Dram said the City is the conduit issuer for Housing Revenue Bonds. The City is proposing the use of TIF money. A letter was received from the Metropolitan Council expressing supporting the City's affordable housing program and goals. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to adopt Resolution No. 99-167 authorizing a proposed multifamily housing program and issuance of Multifamily Housing Revenue Bonds, Lincoln Parc apartments project. Motion carried 4-0. 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-Y ounghans, Case, Thorfinnson and Acting Mayor Tyra-Lukens voting "aye." VIII. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION NO. 99-168 CERTIFYING THE CITY'S PROPOSED 2000 LOCAL TRANSIT SERVICES TAX LEVY AND SETTING DATE(S) FOR THE "TRUTH-IN-TAXATION" HEARINGS Dram said on June 15, 1999, the City Council declared their intent to exercise the Local Transit Services tax levy option for taxes payable in 2000. Certifying the amount to be levied is the next step in the process. The amounts are as discussed at the August 24 City Council Workshop. In conjunction with the City, this amount must be certified to the County auditor by September 15 and final levy adoption is required by December 30. In addition, the Council needs to set the "Truth in Taxation" public hearing date, recommended for December 6, 1999. MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution 99-168 that certifies the proposed 2000 Local Transit Services tax levy to be $2,420,528; and sets the "Truth in Taxation" public hearing for Monday, December 6, 1999 UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 10 and, if necessary, to reconvene the public hearing on Tuesday, December 21, 1999. Motion carried 4-0. B. ADOPT RESOLUTION NO. 99-169 CERTIFYING THE CITY'S PROPOSED 2000 PROPERTY TAX LEVIES, SETTING THE DATE(S) FOR THE "TRUTH-IN-TAXATION" HEARINGS, AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX- SUPPORTED OBLIGATIONS FOR 2000 MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution 99-169 certifying the proposed 2000 net property tax levy to be $19,733,603; and setting the "Truth in Taxation" public hearing for Monday, December 6, 1999 and, if necessary, to reconvene the Public hearing on Tuesday, December 21, 1999; and accepting the proposed 2000 budget of $27,062,627 as reviewed by the Council on August 24, 1999. Motion carried 4-0. IX. PETITIONS, REQUESTS AND COMMUNICATIONS A. SET SEPTEMBER 21, 1999, TO HEAR APPEAL OF BOA ACTION FOR MATT'S AUTO, VARIANCE 99-14 Enger said Matt Strodel, owner of Matt's Auto Service, has appealed a condition imposed by the Board of Adjustments and Appeals on the variance request related to the construction of a new building on his property. This condition states "That variance approval for the outside storage of impounded vehicles be for a 5-year period unless it continues as a City-related impound lot or until redevelopment of the area occurs." City Staff and City Attorney Roger Pauly's opinion was that the part of the condition that is most permissive is "until redevelopment occurs" and negates the other two parts of the condition. He met with Strodel's attorney and was not able to convince him that an appeal is unnecessary. Thorfinnson said he thought the condition meant the variance approval would not be limited to five years if he continued to operate as an impound lot. If the City pulls the contract from Strodel after the five-year period he would be out of business. Strodel doesn't have control of that, and Thorfinnson said he doesn't think that is fair. Case said he agreed with Thorfinnson. He advised Council to think over this condition, and what would happen if the City pulls its contract. The Council should make sure the condition is clear and that Strodel is comfortable with it. Enger said setting a public hearing is probably the right thing to do. There is some confusion in the wording of this condition. MOTION: Case moved, seconded by Thorfinnson, to set September 21, 1999, to hear the appeal of Matt Strodel, Matt's Auto Service, regarding a condition imposed by the Board of Adjustments and Appeals. Motion carried 4-0. It) UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 11 x. REPORTS OF ADVISORY BOARDS & COMMISSIONS B. SOUTHWEST METRO TRANSIT Tyra-Lukens reported Southwest Metro's service to the State Fair was a great success, with more than 5,500 riders half-way through the Fair. In the future more parking for cars may need to be provided. This fall, Southwest Metro is providing service to the University of Minnesota campus from the service hub, as a continuation ofthe downtown express route. XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case said he has learned from John Gertz, the historic preservation specialist, that buildings at the Eden Apple Orchard were removed without a permit. There is a $150 fine for not obtaining a permit. He recalled that buildings were tom down last April at the Raguet homestead, when a permit was accidentally granted without notifying Gertz, so that he could take photographs of the buildings. Case inquired if there is a way to prevent this from happening in the future. Enger said this was the subject of a discussion at a recent Staff meeting. It was suggested that the permit process be tightened up. However, the buildings at Eden Apple Orchard were taken down without a permit. Staff and Council know these historic buildings are vulnerable, and access to these properties is needed in order to take pictures before they are tom down. Tyra-Lukens said she is afraid that when the City sends a letter to the property owners stating someone is coming to take pictures, they may take the buildings down even faster. Enger said he believes the property owners will comply if letters are sent asking for permission to photograph buildings before they are tom down, and reminding them that a permit is required. Thorfinnson suggested making the fine substantial enough to use the funds for repairing other historic buildings. Enger said fines are limited to $700. Butcher-Y ounghans said she believes a grant could be obtained for recordation and documentation of historic buildings. Enger said he would look into this. Case said this documentation of buildings would require extra hours for John Gertz. He wonders if consideration should be given to adding more time for his work as historic preservation specialist. The next couple of years are crucial for obtaining documentation. Thorfinnson suggested having someone from a "Friends of' group take the 1/ UNAPPROVED CITY COUNCIL MINUTES September 7, 1999 Page 12 photographs, rather than John Gertz. Case agreed it wouldn't be necessary for John Gertz to take the photographs. Thorfinnson wondered if allowing photographs to be taken of historic buildings between the first and second reading could be a Council condition for approval of developers' projects. Enger said he would talk to Staff and see how documenting these properties can best be handled. He will try to tighten up the permit process also. B. REPORT OF CITY MANAGER Enger announced that Camp Eden Wood has been approved for designation to the National Register. The City Council worked hard on this over the last year with Friendship Ventures to provide a day camp for disabled young adults. Council worked with this provider to preserve the camp and to build a new dining hall. The City is seeking grants and is confident of obtaining them now that the camp is on the National Register. Enger thanked Council for its hard work and support. c. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 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. COUNCIL FORUM INVITATION Council Forum will be held the first and third Tuesdays of the month from 6:30- 6:55 p.m. in the Training Room. This will be scheduled time following City Council Workshops and immediately preceding regular City Council meetings. Acting Mayor Tyra-Lukens stated 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 MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to adjourn the meeting. Acting Mayor Tyra-Lukens adjourned the meeting at 8:25 p.m. Irl UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, SEPTEMBER 7,1999 CITY COUNCIL: 5:00-6:55 PM, CITY CENTER TRAINING ROOM Acting Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher-Younghans, Ronald Case, and Ross Thorfinnson, Jr. CITY STAFF: City Manager Chris Enger, Financial Services Director Don Dram, Public Safety Services Director Jim Clark, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Management Services Director Natalie Swaggert, City Engineer Al Gray, Assistant City Engineer Rod Rue, and Recording Secretary Peggy Rasmussen I. CALL MEETING TO ORDER -ACTING MAYOR NANCY TYRA-LUKENS Acting Mayor Nancy Tyra-Lukens called the meeting to order at 5:15 PM. Mayor Jean Harris was absent. The following city residents were in attendance: Perry Forster, 9505 Highview Drive, Debbie Gjervold, 9965 Garrison Way, David and Carol Quanbeck 16150 Hillcrest Lane. Chris Enger stated some of these residents have requested to speak and have submitted written information, which has been made available to Council and Staff. II. APPROVAL OF AGENDA MOTION: Thorfinnson moved, seconded by Case, to approve the agenda as published. III. SPECIAL ASSESSMENT POLICY Dietz said the special assessment policy and revision of the cap was discussed during a public hearing on street and storm sewer improvements for Lincoln Lane at the July 20, 1999, City Council meeting. Council suggested bringing this subject to a workshop to discuss further. Dietz explained the current cap of$15,000 on special assessments was set in 1989. Most City projects were constructed between 1990 and 1993, with no significant projects since that time. However, the City is now extending utilities into the southwest area and it is time to look at revising the cap. The procedure for updating the cap is to use the "Engineering News Record" Construction Index (CCI). In 1989, the CCI was 4,805, and in 1999 the CCI is 6,605. If this last number were used to compute the cap, the new cap would be $20,600. However, a lower cap of $19,600 is obtained by using the average 1990-1993 CCI of 5,065. This results in the City having a higher share of the cost, but also takes into account environmental benefits, earlier connection, encouraging projects, reducing maintenance and providing public safety protection (by supplying water for fire hydrants). / UNAPPROVED WORKSHOP MINUTES September 7, 1999 Page 2 The City Staff looked at the increase in home values in selected neighborhoods. The average increase was 41.9 percent. Ifthe cap were raised from $15,000 to $19,600, it would represent an increase of 31 percent. The City will appraise some typical homes to show ifthe increased value of the home equals or is higher than the increased assessment. Enger asked Dietz what is the philosophy of assessments. Dietz said the purpose of government is to do things that people cannot do individually to obtain an upgrade to urban standards in the area. Case said there are two ways to assess properties; either spread the assessment cost among everybody or assess it directly to the property owner. He asked what factors determine the method used. Dietz replied that a decision was made in 1989 that everybody has to pay for improvements that occur in front of their property. Enger stated Staff is proposing in the CIP to fund paving replacement to the level of about $2.5 million in the future. If the City can get all improvements paid for by the property owner the first time, then the City can maintain them through ad valorem taxes. Tyra-Lukens inquired how many areas of the City are involved in improvements requiring special assessments. Dietz showed a map indicating where 528 septic systems are in place. Many of them are on either State or County roadways, and those people would not have to pay for the road, just for sewer and water. About 220 of the 528 are adjacent to developments, and people living in those areas would not be involved in paying special assessments for various reasons. A $300 increase in the cap would help reduce City expenditures, but it would still cost the City about $23,000-$25,000 for those neighborhoods that don't have City sewer or water. Dietz said the next time a feasibility study is brought forward in a public hearing Staff will propose this new cap. The City wishes to encourage development projects and so prefers a basic assessment on the development rather than individual assessments. Enger stated the lot unit has an impact on what the homeowner would be assessed. Dietz explained the City assesses according to the lot unit, not according to the amount of frontage a property has. If a lot is large enough to be made into two lots, the owner is charged for two lots, but payment with interest can be deferred on the second lot until development occurs. With regard to indexing, Dietz said the CCI comes out quarterly in the "Engineering News Record" so the City probably will have to change the index on an annual basis. Because adopting a cap to special assessments is a policy issue, the City Council adopted it by a motion in 1989. A revision would be handled the same way. Dietz explained the cost analysis for rebuilding Hillcrest! Alpine streets. The improve- ments include road reconstruction, curb and gutter, storm sewer and water, and landscaping. The City would pay the cost of removing the old road and replacing it ($480,000); the neighborhood would pay for curb and gutter and storm sewer and water ($680,000). Each property owner would be assessed about $9,000 (lot unit cost) plus $6,616 (CCI = 3.35 x 1,975 = $6,616). UNAPPROVED WORKSHOP MINUTES September 7, 1999 Page 3 Letters were received from residents of Hillcrest and Alpine streets, asking why the City doesn't plan and budget for these projects. Dietz said the City could consider waiving the 9 percent administrative cost ($62,000). Doing this would result in a lot unit cost of $8,076 rather than $9,000, which would be assessed over 20 years at 8 percent interest. Although the City is making a large commitment for about two miles of streets, the road is old and is expensive to maintain. A roadway lasts twice as long when curb and gutter is added and when storm sewers provide good drainage. A road should last 40 years, although most are designed for 20 years. Thorfmnson said he would be interested in finding out what neighboring cities do with regard to assessing the cost on an individual basis or spreading the cost around to all residents. Dietz said Staff would be willing to research this. Most Minnetonka roads were not built with curb and gutter, and there are different soil conditions. He believes it comes down to what the City can afford to do; there isn't enough money to pay for all improvements. Eden Prairie is a high-growth community and most residents have paid for improvements in front of their houses. Tyra-Lukens asked if the issue of speed humps on residential streets is ready for further discussion. Dietz responded it has not been scheduled for a workshop yet. In Burnsville, if a neighborhood wants this done, they are charged for it, and it is quite labor-intensive. Al Gray said he has heard that some neighborhoods later ask to have them removed. Tyra-Lukens asked to have this item added to the Council's workshop schedule, as Sunrise Circle residents are waiting for an answer. Enger said he would put it on the workshop schedule. David Quanbeck, a Hillcrest Lane resident attending the meeting, said he doesn't understand what was meant by saying there aren't storm sewers in this area. Dietz replied there are storm sewers but none of them are up to current standards regarding spacing and locations. Rue said most of the storm sewers are located only in low areas. The City would be adding to the number of storm sewers, not replacing all of them. Quanbeck said he believes the original streets were built with poor subsoil base and a stable pavement would not be possible. Dietz responded the City doesn't use this type of base any longer. Rue said Hillcrest has an unusual, full-depth design that has very little gravel. Perry Forster asked if Lincoln Lane is a paving project, and was told that it is. Forster asked what is the timetable for bringing the question of increasing the cap for special assessments before the Council. Dietz said a decision has not been made yet. He believes it may be added to a feasibility study. Enger said it could go through the public hearing process or could be done at a public meeting. Dietz noted the previous policy decision was on the Council agenda. Enger said City Staff could notify the people who are here this evening when it is on the City Council agenda. Dietz said Staff would probably have to do some specific home appraisals before that date, in order to prove the increases in home value compared to the proposed increase in the cap. Thorfinnson said he is concerned about setting a precedent in the Hillcrest area by having the City cover administrative costs. The City's CIP does not provide enough funds to 3 1"""""----------------------------------------------- UNAPPROVED WORKSHOP MINUTES September 7, 1999 Page 4 maintain roads at a new level or upgrade to a new level unless we can do this for everybody else during the next 20 years. Dietz responded he agreed; some overlays have been done and some milling and patching. However, nothing that has been discussed with Hillcrest residents is set in stone. Case said the direction in which Staff is heading would set a precedent. Lincoln Lane would not come near the cap. IV. SUBURBAN RATE AUTHORITY Due to time constraints, this subject was held over to another workshop. V. OTHER BUSINESS VI. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to adjourn the meeting. Acting Mayor Tyra-Lukens adjourned the meeting at 6:30 p.m. COUNCIL FORUM -6:30-6:55 PM A. RUTH CHARCHIAN ON PRESERVE PARK PROPOSED RENOVATION Ruth Charchian, 10960 Northmark Drive, said she also was speaking on behalf of concerned neighbors living adjacent to the park. Her husband and several neighbors were present. Ruth Charchian said when the park was being completed in 1979, City Staff responded promptly to her requests for a design change, and there was a high level of communication. When the renovation of the park was announced this year, she had expected similar treatment. However, she has experienced difficulty in getting information and a lack of forthright, open communication with the members of the Parks, Recreation and Natural Resources Commission and Parks and Recreation Services. She gave four examples of the lack of communications. The residents were told at the April 19 meeting that the renovations would begin in 2000 (supported by a March 26 letter to residents). However, they have recently been notified renovations would begin the week of September 6. They were not given information about the latest design configurations. Mrs. Charchian submitted a petition from neighbors requesting the City Council halt renovations to the park, scheduled to begin the week of September 6, 1999, so that they can be discussed and evaluated with the residents, the Preserve Association and its Design Review Committee. Tyra-Lukens asked Mrs. Charchian what the objection is to moving the hockey rink. She replied it is going to be located adjacent to the street, within 200 feet of the houses across the street, and the noise from hockey pucks being hit is the main objection. The reason for moving the hockey rink and playground equipment is no longer apparent, as a free-skating rink is not going to be developed. The plan UNAPPROVED WORKSHOP MINUTES September 7, 1999 Page 5 to move the playground to where the hockey rink is now will put it next to a swamp and pond, and the Preserve Association is very much against this. Tyra-Lukens asked if her written presentation has been sent to the Parks, Recreation and Natural Resources Commission. Mrs. Charchian said it has not. Enger said Bob Lambert could not be present at this meeting, and he would want to hear what Lambert and Commissioner Brown say about the issue. The renovation of Preserve Park has gone through the process necessary for approval by the Parks Commission and City Council. This item was probably not appropriate for a Council Forum. Council established the guidelines for items they would discuss. However, it is important for Staff to look into this matter further and find out why so many people appear to be unhappy. Case said he had received some of the calls from residents and encouraged them to come to the forum. This is the only resource for people to present their concerns to the Council and he would not like to cut people off from it. When the process doesn't work there has to be a final way to reach Council and Staff. Butcher-Younghans said it appears the process for renovation of the park was followed. The Parks, Recreation and Natural Resources Commission is a citizen advisory group, and the meeting they held in April is part of the process. Acting Mayor Tyra-Lukens said something like this happening at this point in time makes it difficult to do anything now, because a vote has been taken. The City needs to look at communications with the neighbors near the park. Thorfinnson said he didn't think this issue should have been presented at this time. However, it can be brought to the attention of a Councilmember. Case disagreed, and said this issue is exactly what belongs at a forum. Acting Mayor Tyra-Lukens said Council needs a communication from Enger after he has received answers from Lambert on the issues raised. An evaluation of the Council Forum, and what subjects are appropriate, could be added to a Council Workshop agenda. Enger said when he hears the other side of this issue from Commissioner Brown and Bob Lambert, he will convey this information to Council and to Ruth Charchian. However, the Council has voted approval of the park renovation and will not reopen the subject. Hilde Dalgaard said the rationale for moving the hockey rink now has changed. Sam Charchian, Chair of the Preserve Association, said there has been no communication with the Design Committee at all. The Preserve Association did not receive information about the April 19 meeting. Case said he received a suggestion to put the Council/Staff Workshop agenda on the City's web site. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 21, 1999 SERVICE AREAlDIVISION: ITEM DESCRIPTION: Community Development Clerk's License Application List & Financial Services/ ITEM NO.: V.A. Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. CONTRACTOR Garlock-French Roofing Grove Maintenance McFarland Construction Company Metro West Builders Olympic Pools One Way Building Service Inc September 21, 1999 - 1 - CITY COUNCIL AGENDA DATE: 09/21/99 SECTION: Consent Agenda SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development V.B. Donald Uram Crosstown Circle Centre-Remote Parking Krista Flemming Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 2.5 acres; and • Adopt the Resolution for Site Plan Review on 2.5 acres; and • Approve the Developers Agreement for Crosstown Circle Centre-Remote Parking. Synopsis This is a remote parking lot accommodating the Crosstown Circle Centre for 226 parking spaces. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement I CROSSTOWN CIRCLE CENTRE-REMOTE PARKING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CROSSTOWN CIRCLE CENTER-REMOTE PARKING BY CONTINENTAL PROPERTY GROUP, INC. WHEREAS, the City of Eden Prairie has applied for Site Plan approval of the Crosstown Circle Centre-Remote Parking for construction of offsite parking for 226 cars, to be zoned Office Zoning District on 2.5 acres by an Ordinance adopted by the City Council on September 21, 1999; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 28, 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 August 3, 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 Continental Property Group, Inc., for the construction of offsite parking for 226 cars, based on plans dated July 16, 1999, between Continental Property Group, Inc., and the City of Eden Prairie. ADOPTED by the City Council on September 21, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk CROSSTOWN CIRCLE CENTRE-REMOTE PARKING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 24-99-PUD-19-99 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 from the Commercial Highway Zoning District and be placed in the Planned Unit Development Office Zoning District 24-99-PUD-19-99 (hereinafter "PUD-19-99-0ffice"). Section 3. The land shall be subject to the tenns and conditions of that certain Developer's Agreement dated as of September 21, 1999, entered into between Continental Property Group, Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the tenns and conditions of PUD-19-99-0ffice, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-19-99-0ffice is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-19-99-0ffice is designed in such a manner to fonn a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and l2 of the City Code that are contained in PUD-19-99-0ffice are justified by the design of the development described therein. D. PUD-19-99-0ffice is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. 3 Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Commercial Highway Zoning District and shall be included hereafter in the Planned Unit Development PUD-19-99-0ffice and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. publication. This Ordinance shall become effective from and after its passage and FIRS T 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 21 st day of September, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ______________ , 4 Exhibit A Crosstown Circle Centre -Remote Parking Legal Description: PUD shall be amended to include the remote parking lot as part of the Crosstown Circle Centre development. Crosstown Circle Centre -Legal Description Lot 3, Block 1, Crosstown Industrial Park 2nd Addition, Hennepin County, Minnesota Remote Parking Lot -Property Description That part of the East * of the Southwest Quarter of the Northeast Quarter of Section 1, Township 116, Range 22, described as commencing at the Northwest corner of said East * of the Southwest Quarter of the Northeast Quarter; thence East along the North line thereof 554.3 feet; thence South parallel to the West line of said East * of the Southwest Quarter of the Northeast Quarter a distance of 455.2 feet to the actual point of beginning: thence deflecting to the left 26 degrees 52 minutes, a distance of 381.15 feet more or less to the center of Flying Cloud Drive (Old State Highway No. 169-212); thence Southwesterly along the center line of said highway a distance of 320.52 feet; thence Northwesterly 381.15 feet more of less to a point on a line drawn parallel to the center line of said highway from the actual point of beginning, which point is 320.52 feet Southwesterly from the actual point of beginning; thence Northeasterly to the actual point of beginning; 5 CROSSTOWN CIRCLE CENTER-REMOTE PARKING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 24-99-PUD-19-99 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 the southwest comer of Crosstown Circle and Flying Cloud Drive Commercial Highway to Office Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on'---________ , (A full copy ofthe text ofthis Ordinance is available from City Clerk.) SUPPLEMENT TO DEVELOPER'S AGREEMENT CROSSTOWN CIRCLE CENTRE -REMOTE PARKING THIS SUPPLEMENT TO AGREEMENT, made and entered into as of September 7, 1999 .. by Continental Property Group, Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, Developer has applied to City for a Planned Unit Development Concept Amendment on 13.42 acres; Planned Unit Development District Review with waivers on 2.5 acres; Rezoning from C-Hwy. to Office on 2.5 acres; Site Plan Review on 2.5 acres and Preliminary Plat on 2.5 acres into I lot, legally described on Exhibit A (the "Property"),all situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and; WHEREAS, the parties desire to amend the Developer's Agreement between Continental Property Group, Inc., and the City of Eden Prairie for Crosstown Circle Centre .. dated October 6, 1998 .. (hereinafter the "Developer's Agreement) by adding pursuant to this supplement the 2.5 acres for that portion of the Property depicted as the "Additional Area" (proposed Lot 1, Block 1, Crosstown Circle Addition). NOW, THEREFORE, in consideration of the City adopting Resolution No. 99-130 for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District change from C-Hwy. to Office, Resolution No. __ for Site Plan Review, and Resolution No. 99-131 for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of the Additional Area as follows: I. PLANS: Developer shall develop the Additional Area in conformance with the materials revised and dated July 16, 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. 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 release of final plat for the Property, Developer shall provide to the City I 7 Engineer proof that the pond size has not diminished from 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. 4. CROSS ACCESS AND MAINTENANCE AGREEMENT: Developer agrees that a common access drive with appropriate cross access agreements with property located directly west of the Property shall be established; if not immediately, at some time in the future as shown on Exlnbit B. If an agreement is not reached prior to construction of the parking lot, Developer agrees to limit access to the parking lot to the driveway connection to Crosstown Circle as shown on Exhibit B until such time that a cross access agreement is entered into by the property owners. The interim design and construction of the parking lot shall provide for future alteration to accommodate the future cross access. Developer agrees to execute said agreement and cooperate in construction of the common access when cross access is agreed to by the adjacent property owner. 5. 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 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 ofa 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 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. 2 Developer shall remove any sediment that accumulates in the existing andlor proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 6. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval ofa plan for irrigation of the landscaped areas on the Property. Developer agrees to 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. 7. 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 agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 8. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of24-99-PUD-19-99: • A waiver from required onsite parking to off site parking for Crosstown Circle Centre. 9. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located in the right-of-way along the west side of Crosstown Circle from Flying Cloud Drive to the driveway of the Crosstown Circle Centre. The placement of a sidewalk from the drive isle of the Crosstown Circle Centre site to the entrance of the structure will not be required. The adjacent drive isle on the Crosstown Circle Centre site will need a striped pedestrian walkway. 10. TREE LOSS -TREE REPLACEMENT: There are 86 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 52 diameter inches. Tree replacement required is 42 caliper inches. Prior to the issuance of any 3 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 42 caliper inches. This approved plan shall include replacement trees ofa 2.5-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 ofthe approved tree replacement plan prior to building permit issuance. 11. CASH IN LIEU OF TREE REPLACEMENTILANDSCAPING: Prior to the release of the final plat for the Property, Developer agrees to provide a bond for $67,030.00 ($100 per caliper inch) in lieu of tree replacement/landscaping required for the Property for 670.3 caliper inches. The City will require the Developer to pay the actual bid amount for the 670.3 caliper inches tree replacement; however, the amount will not exceed $67,030.00. 12. 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. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 13. FUTURE DEVELOPMENT: Developer acknowledges that the City has approved development plans only for the Additional Area, as depicted in ExhIbit B. Prior to any future development or construction on the Additional Area different from the development plans depicted in ExhIbit B, Developer shall be required to submit detailed development plans, and all other submittals required by the Eden Prairie City Code, and obtain approval of those plans and submittals by the Planning Commission and City Council. 14. Developer agrees to and reaffinns all ofthe terms and conditions and accepts the obligations of "Developer" under the Developer's Agreement, except as inconsistent with or amended by this Supplement. 4 ID DATE: Sept. 21, 1999 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: y. C. SERVICE AREA: ITEM DESCRIPTION: Public Works Final Plat Approval of Crosstown Circle Addition Engineering Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Crosstown Circle Addition Synopsis This proposal, located at the southwest comer of Flying Cloud Drive and Crosstown Circle, the plat consists of 2.5 acres to be developed into a remote parking lot for 228 vehicles. 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 will be completed on September 21, 1999. Approval of the final plat is subject to the following conditions: • Receipt of street lighting fee in the amount of $993.30 • Receipt of engineering fee in the amount of $270.00 • Satisfaction of bonding requirements for the installation of public improvements • The requirements as set forth in the Developer's Agreement • Revision of plat to include the standard drainage and utility easements along the perimeter of the property • Revision of plat to include lot and block • Prior to release of final plat, Developer agrees to submit a bond for $67,030.00 in lieu of tree replacement/landscaping required for the property • Prior to release of final plat, Developer shall submit a landscape bond equal to 150 % of the cost of said improvement Attachment Drawing of final plat RS:ssa / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, :MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF CROSSTOWN CmCLE ADDITION WHEREAS, the plat of Crosstown Circle 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 Crosstown Circle Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 21, 1999. 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 September 21, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, Clerk z 0 >---4 I- >---4 0 0 « w ---l U 0::: .. _2 :~!'l ~~ , iP,:ili ~H ! ! ::: '.~ ,~,d i!~! IF h,L'F" ~ !' H~!Hdi! !~;;,; ! £ H~ ~j;; :: pI !ih:11~lj Z b '~i ;~!;~~;!a! i .,.1 ! ~i .! j; Ji Iii j:i!!!,~~i i~ t ...... ~, Hi ,:;i;~!~I! ~, , t! ii .... i ~ ~H ~i i::~ h!':-nii i~ !~i i""!o::& ' §! ;!~j ~~ li;;W!!:~ rHi :~ Hi :,h'j.ii! ~: i' ! ~~ i~Hij!h~ It;: Ii ~'i :10, c;,; !r' 1~1~t'!li~ "1 ~i'l -. :'i ji ... t~;q ~, H:~ ~i ~E iH;~~~i~i ' ~; 10 h~ P~i u, p !'~l!_;-,!l , ! r. ; ... ,lliI=! .. ~~~l !-~ j8i :!!lrtiliii ~l ,"d 'O! h . r.' .~ ; ~f! .!.hijlj'-'p: tUi . l'=' , F l : i: ; ~ ~':~'l;{~d !! ~ !i :1dl!.Hi !H~ H li!i :ll:i:;·,t~, ;~ !il! 2° !8 g ~'jH !.!,:;~ !! iH i~,!'r=',di i'i H~ !8i a~3;~i:iH ." !i i~'~£;~~l;g ~~ jlii H. ~ .! if~ I:;:I,.in; >---4 U Z 3: 0 l-~ i;: V) :3 V) 0 0::: :.. ! zl: z I & r w j 5 • of> i = ., U .1 ~ }L Hi ~iP' ~ ... 3 ~.!:! 1 ;~i~ 5!1~ ~!!~ ~:B ,1 :l i! ~ !!!1 ! ~I .:!~ ~i H·; 'i.' ~, Ii H !:~] !: F,t ,is b fO' ~; 1: nIt .! ;U'\ '" H it ,. ! ! .. ~ g !l i i~i; t., ~ H s i'~i i! } ~!i j '; !,P il "' j : ~ ;; ". .\ !m~ H g§ .~:;: i'r 'I ." h ··h ~~ i ""-. .hh .. 3 \ " " \ " \ \ \ " \ \ " \ \ \ " . " ~ . ~ .\. "'. ;t" -ttl ~ § ! ~ ~l "~ '0-'; ;'~ i 1 i : l: i~ ~i ~: f~ _8 ,0 ~ 'f. -<. '. \ " i : \ \ ;----------------------------------------------- CITY COUNCIL AGENDA DATE: 9/21/99 SECTION: Consent SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Resolution for Application to the Metro Council & Financial Services: Livable Communities Demonstration Account. "/. 1), Don Uram David Lindahl Requested Action: Move to: Approve a Resolution authorizing application for the Livable Communities Demonstration Program. Synopsis: As you know, Southwest Metro Transit is planning to develop a mixed-used development around the Transit Station. They have asked the City to apply for a $2,000,000 Metro Council Livable Communities Demonstration grant on their behalf to help pay for a parking deck. Only cities and counties participating in the Livable Communities Program are eligible to apply for the grant. Southwest Metro staff and consultants will prepare and process the grant application, but it must be signed or sponsored by the City. The proposed mixed-use development located next to transit is precisely what the demonstration grant is intended for, especially if it includes high density housing with an affordable component. There is a total of $5,000,000 in grant funds available, and another $1,500,000 available from the supplemental transit fund. Attachments: Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, the City of Eden Prairie is a participant in the Livable Communities Act's Housing Incentives Program for 1999 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purpose(s) and criteria; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of Eden Prairie, Minnesota agrees to act as legal sponsor for the project contained in the demonstration Account application submitted on September 29, 1999. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Eden Prairie and to execute such agreements as are necessary to implement the project on behalf ofthe applicant. ADOPTED, by the City Council on September 21, 1999. Jean Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREAlDIVISION: ITEM DESCRIPTION: Community Development and A Resolution Amending Resolution No. 98-213, Financial Services Regulating Fees and Charges for Business Licenses, Don Uram, Director Permits and Municipal Services Requested Action: Move to: Adopt the amendment to Resolution No 98-213, Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. Synopsis: DATE: 9/21/99 ITEM NO. V.E. The council adopts the fee resolution each December for the fees that will be charged a collected the following year. Because liquor license renewals are sent out by October 1, it is necessary to update the fee resolution now. Staffhas compared the fees the City charges to comparable cities and recommends the following increases: • 3.2 beer annual application fee -On-Sale from $50.00 to $500.00 • 3.2 beer annual application fee -Off-Sale from $10.00 to $100.00 • 3.2 beer investigation fee from 0.00 to $500.00 • Liquor On-Sale -Wine investigation fee from $250.00 to $500.00 These fees are comparable to other cities and will provide a more reasonable reimbursement of City costs. In 1999, the City issued: • 3.2 beer -On-Sale licenses - 5 -Off sale licenses -10 • Liquor On-sale -Wine licenses - 7 ... CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION AMENDING RESOLUTION NO. 98-213, REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES BE IT RESOLVED, that changes to Section 2.12 LIQUOR, be added to read as follows: 3.2 Beer Annual Application Fee -On-Sale 3.2 Beer Annual Application Fee -Off-Sale 3.2 Beer Investigation Fee - Liquor On-sale -Wine Investigation Fee $500.00 $100.00 $500.00 $500.00 ADOPTED, by the City Council ofthe City of Eden Prairie on this 21st day of September, 1999. Jean L. Harris, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 21, 1999 SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Glenshire Addition, Outlot A Conveyance V.F. Leslie Stovring Requested Action Move to: Adopt Resolution Authorizing the Disposal of Tax Forfeited Land, Authorize the submittal of the Application by a Governmental Subdivision for Conveyance of Tax- Forfeited Lands for an Authorized Public Use to Hennepin County for the Glenshire, Outlot A tax-forfeit property, and Authorize the mayor and City Manager to execute a conservation easement agreement over the parcel. Synopsis: The state has signed into law a bill that would convey Outlot A of the Glenshire Addition to the City. The conveyance restricts usage of the property to construction of approximately 3 acres of wetland mitigation and a trail easement on the northern edge of the property. The lot will be transferred into a conservation easement, the language of which is to be approved by the Minnesota Land Trust. Background: History Outlot A of the Glenshire Addition was originally scheduled for sale at public auction after the land was listed as tax forfeited. The value of special assessments at time of the forfeiture was $81,747.71. However, Outlot A was found to have lands bordering on public waters (Minnesota Department of Natural Resources (MDNR) Protected Wetland 27-986W). Hennepin County removed the property from the public auction proceedings in 1995 due to the presence of this wetland and public resistance with the proposed development. City staff met with the residents in the vicinity of Outlot A and state legislators to determine a mutually beneficial use for the Outlot property. It was determined that the City would apply to the legislature to acquire the Outlot for use as permanent open space and for construction of a wetland mitigation bank of approximately 3 acres. The wetland bank is to be for City projects that require wetland fill. The bill was passed on May 5, 1999 (S.F. 0626 and H.F. 0502) and signed into law by the Governor on May 13, 1999. Conservation Easement The conveyance is subject to a conservation easement that must be approved by the Minnesota Land / ------------------------------------------------------- Glenshire Addition, Outlot A September 21, 1999 Page 2 of2 Trust. The attached easement, which allows up to 3.5 acres of wetland mitigation, has the approval of the Minnesota Land Trust. The conveyance is also subject to a 14-foot trail easement along the northerly 14 feet for pedestrians and bicycles only. The Conservation Easement has been reviewed by staff and the City Attorney and is acceptable. However, an element of the document requires strict compliance with the terms of the legislation. Failure to do so, including construction of a viable mitigation site, would allow the Minnesota Land Trust to enforce the terms of the agreement. The City would also need to provide liability insurance for the City's use of the property which names the Trust as an additional named insured. Proposed Wetland Mitigation Bank The wetland restoration will include excavation of areas that were formerly wetlands converted to upland after construction of the ditch. This would include avoidance of areas that are predominantly wooded with a focus on portions of the open grassy areas and the island within the larger wetland. This would likely need to occur during winter conditions to provide adequate equipment access. In addition, the area between the two wetlands appears to contain stockpiled soil excavated during the construction ofthe channel. The excavation of these soils would serve to reconnect these 2 wetlands surficially as well as hydrologically. Additional wetlands could be created as a fringe around the smaller wetland. A buffer zone will be established between the excavated areas and the residences adjacent to Outlot A. The buffer zone will be used to maintain existing upland habitat, including trees, and provide erosion control during construction. It is anticipated that staff will prepare the bid specifications and determine the cost of the proposed mitigation in 2000. Staffwill also review potential sources of funding to offset the cost of the project. If the cost estimate is reasonable, construction could begin the winter of 2000/01 or 2001/02. Goals The City can realize three major goals by creation of wetland habitat within Outlot A to provide mitigation of wetlands impacted by development elsewhere in the City. • Provide value to the City in lieu of development of Outlot A. • Provide additional wetland habitat within the City. • Enhance the ecological habitat of upland and wetland areas within Outlot A. The City will continue to actively seek input from neighboring residents regarding the plans for Outlot A. This would include determination of wetland mitigation areas, selection of plant types and reviewing construction plans. Attachments • Form PT962RAR • Conservation Easement, Draft August 23, 1999 • Resolution Authorizing the Disposal of Tax Forfeited Land PT Fonn 962.RAR Staple All Corre!'pondence Application by a Governmental Subdivision for Conveyance of Tax-Forfeited Lands for an Authorized Puhlic Use (Minnesota Statutes, Section 282.01, Subdivisions la through Ie) (Note: ffthe governmental suhdivision has purchased the property, use PT Fonn 80) In Hennepin County Minnesota Department of Revenue Name o/governmental subdivision (applicant): _---'C""itCl.Y-"o'-f!"Ed"'e"n..!.P"ra"'ir"ie'--_____________________________ _ Mailing address of applicant: _____ -'S"'O"'SO'-M""'it"'ch"e"II.£R"'o"'ad!L, ",Ed",c",n-,p."ra",ir",ie OL' "'M"'N'--"SS"'J"'4"'4-"'2"'2J"O'--____________________ _ Attn: Engineering Department Date requested property wasfor/eited to the State: _________ --"'A"'ug"'u"st'--___________ 2"'6'-______ --'1299,,4'-___ _ (month) (day) (year) Legal description of property (include the name of the city/town ;n which the property is located): Outlot A, Glenshire Addition, embraced within the west half of the northeast quarter of Section 9, Township 116 North, Range 22 West in Hennepin County, Minnesota. Identified as PIN No. 09-116-22-12-0066 Describe the intended public use to be made of the property (be specific, including statute or special law references, if relevant): The property will be used for open space and wetland mitigation banking by the City. The conveyance is subject to a Conservation Easement in favor of and approved by the Minnesota Land Trust. a trail easement along the northerly 14 fect of said property for pedestrians and bicycles only and a wetland replacement plan for construction of approximately three acres of wetland. If the property reverts to the state, any duly recorded conservation easement conveyed to the Minnesota Land Trust shall remain in full force and effect State the need for the property (be specific, e.g., why this property instead of some other property?): The site was determined to contain approximately 4 acres of wetlands and 6 acres of upland. Historically the majority of the site was a wetland prior to excavation of a pond I ditch complex through the center of the site which effectively drained much of the wetland. The conversion of approximately 3.5 acres of upland to wetland would essentially restore some of the original wetland footprint while giving the City beneficial use of the site in lieu of the special assessments pending against the property. Outlot A had special assessments at the time of the forfeiture in the amount of$81. 747. Please check the appropriate hox: __ x __ There are one or more wells on this property rhere are no wells on this property A We-lland CertlOcation Form Must Be Attached To This Application Return application to: MN Department of Revenue, Property Tax Division, Mail Station 3340, St. Paul, MN 55146-3340 STATE OF MINNESOTA )ss. County of Heonepin :---:---:---:---:-:---:--_-:-:7"--c:_,-:-,..,.-_--:-___ being first duly sworn, deposes and says that he/she is the authorized representative of the applicant named herein, that he/she has read said application and knows the contents thereof, and that the matters stated therein are true and correct. Name Title Subscribed and sworn to before me this _______________ _ day or ________________ ~, 19. ________ . Notary Public, _______________ _ County, Minn. My commission expires ____________________ _ RECOMMENDATION OF COUNTY BOARD llPON APPLICATION The County Board of Hennepin County, Minnesota, through its County Auditor, Pursuant to Minnesota Statutes 282.135, and Ilennepin County Resolution No. 95-8-556R I, has reviewed the application of the City of Eden Prairie dated __ , for the conveyance for an authorized public use of certain tax-forfeited land described therein. The county board recommends that this application be: rejected_ granted_. Signature of Manager of Taxpayer Services Division Date (For County Board) CERTIFICATION OF COUNTY AUDITOR OR LAND COMMISSIONER I have taken the necessary steps required by Minnesota Statutes to prepare the herein described tax-forfeited land for conveyance for an authorized public use. Signature of County Auditor or Land Commissioner Oate OFFICE OF TilE COMMISSIONER OF REVENUE St. Paul, Minn.,, _________________ ~~19----. Upon due consideration of this application, it is ordered that it he hereby: rejected ___ _ granted ____ . Commissioner of Revenue By _______________________________________________ __ 3 Draft August 23, 1999 CONSERVATION EASEMENT THIS CONSERVATION EASEl\1ENT is entered into this __ day of , 1999, by and between City of Eden Prairie, a Minnesota municipal corporation, whose address is 8080 Mitchell Road, Eden Prairie, MN 55344-4485 ("Owners"), and the Minnesota Land Trust, a Minnesota nonprofit corporation having its principal office in St. Paul, Minnesota ("Trust"). WIT N E SSE T H: A. Owners are the sole owners in fee simple of certain real property identified on Exhibit A, attached hereto and incorporated by this reference, consisting of 10.5 acres ofland located in Hennepin County, Minnesota ("Protected Land"). B. The Protected Land is primarily wetlands and open space. In addition, the Protected Land has outstanding scenic qualities that can be enjoyed by the public from Edenvale Road, Woodland Drive, and nearby Edenvale Park in the City of Eden Prairie. C. The natural and scenic qualities ("Conservation Values") of the Protected Land are set forth in a Property Report dated , 1999, which the parties acknowledge accurately represents the present condition of the Protected Land. Each of the parties has a copy of the Property Report. The Trust intends to use the Property Report in monitoring subsequent uses of the Protected Land and enforcing the terms of this Conservation Easement. Notwithstanding this, the parties may use all other relevant evidence to establish the present condition of the Protected Land in the event of a disagreement as to whether a subsequent activity or use is consistent with the terms of this Conservation Easement. D. Owners intend to convey to the Trust the right to preserve and protect the Conservation Values of the Protected Land in perpetuity and to prevent or remedy subsequent activities or uses that are inconsistent with the terms of this Conservation Easement. E. The grant of this Conservation Easement will serve the policies of the State of Minnesota which encourage the protection of Minnesota's natural resources as set forth in part in Minnesota Statutes Section 84C.01-02 (Conservation Easements) and Section 103G.2-242 (Waterway Protection), as well as Section 1 1.01 of the Eden Prairie City Code. .. F. The Trust is a publicly supported, nonprofit corporation which seeks to protect the natural, scenic, agricultural, forested, and open space conditions of land in Minnesota. In addition, the Trust is qualified as a conservation organization under Sections 501(c)(3) and 170(h) of the Internal Revenue Code. The Trust has agreed to assume the obligation of protecting the natural and.scenic qualities of the Protected Land in perpetuity according to the terms of this Conservation Easement. NOW, THEREFORE, in consideration of their mutual covenants and pursuant to the '-f Eden Prairie Conservation Easement Page 2 provisions relating to conservation easements set forth in Minnesota Statutes Sections 84C. 01- .05, Owners convey and warrant to the Trust and the Trust accepts a perpetual conservation easement on the Protected Land of the character and to the extent set forth herein. 1. Intent The parties intend to permanently retain the Protected Land in its predominantly natural and scenic condition and to prevent or remedy any subsequent activity or use that significantly impairs or interferes with the Conservation Values of the Protected Land. Owners intend to restrict all subsequent use of the Protected Land to activities consistent with the terms of this Conservation Easement. 2. Trust's Rights To accomplish the parties' intent, Owners convey the following rights to the Trust: A. The Trust shall preserve and protect the Conservation Values of the Protected Land pursuant to the terms of this Conservation Easement. B. The Trust may enter the Protected Land at reasonable times to monitor subsequent activities and uses and to enforce the terms of this Conservation Easement. The Trust shall give reasonable prior notice to Owners of all such entries and shall not unreasonably interfere with Owners' use and quiet enjoyment of the Protected Land. C. The Trust may act, pursuant to Paragraph 19, to prevent or remedy all subsequent activities and uses of the Protected Land not consistent with the terms of this Conservation Easement. 3. Prohibited Uses Owners shall not perform or knowingly allow others to perform acts on the Protected Land that would significantly impair or interfere with the Conservation Values of the Protected Land. This general restriction is not limited by the more specific restrictions set forth in Paragraphs 4-14. The parties acknowledge that the present use of the Protected Land is consistent with the terms of this COItServation Easement and the Owners may, subject to the restrictions set forth in Paragraphs 4-14, continue making such use of the Protected Land. 4. Residential, Commercial & Industrial Uses Owners shall not subdivide all or part of the Protected Lands for residential, commercial or industrial development. Owners shall not subdivide, either legally or physically, the Protected Land for any other reason without the prior written approval of the Trust. Owners shall not engage in commercial or industrial activities on the Protected Land, other than the activities relating to agricultural operations as set forth in Paragraph 7. Owners shall not engage in the exploration or extraction of soil, sand, gravel, rock minerals, hydrocarbons or any other natural resource on or from the Protected Land. Owners shall not grant rights of way on the Protected Land in conjunction with commercial or industrial activities or residential development on lands other than the Protected Land. Eden Prairie Conservation Easement Page 3 5. Construction Owners shall not construct or install improvements of any kind including, without limitation, fences, driveways, parking lots and roads, on the Protected Land, except as specified herein. 6. Utility Systems Owners may maintain, repair, and replace existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel, and communicatiOns lines and related facilities. Owners shall not install new utility systems or extensions of existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel, and communications lines and related facilities, without the prior approval of the Trust except as needed to serve any additional uses, buildings, and improvements permitted by the terms of this Conservation Easement. 7. Agricultural Use Owners may not conduct agricultural operations on the Protected Land. For purposes of this paragraph, the term Agricultural Operations shall mean raising livestock, growing crops to feed such livestock, and growing crops for sale in the agricultural marketplace. 8. Surface Alteration Owners shall not alter the surface of the Protected Land including, without limitation, the filling, excavation, or removal of soil, sand, gravel, rocks, or other material except as reasonably required in the course of activities or uses permitted under the terms of this Conservation Easement. 9. Soil and Water Degradation Owners shall not engage in activities or uses that cause or are likely to cause soil degradation, erosion, or water pollution, either on the surface or underground. 10. Waste Removal Owners shall not dump or dispose of refuse or other waste material on the Protected Land. 11. Water Bodies and Courses Owners shall not alter existing bodies of water or water courses or construct new bodies of water or water courses on the Protected Land except as reasonably required for the restoration of approximately 3.5 acres of wetland, for which Owners shall obtain all necessary permits, or for the activities or uses -permitted by the terms of tQis_. Conservation Easement and for which Owners have obtained the prior written -approval of the Trust. 12. Trees, Shrubs, and Vegetation Owners shall not remove, destroy, cut, mow, or alter trees, shrubs, and other vegetation except (i) for areas immediately adjacent to improvements permitted by Paragraph 5, (ii) to prevent or control insects, noxious weeds, diseases, fire, personal injury, or property damage, (iii) as reasonably required to construct and maintain the trails permitted in Paragraph 13, (iv) to enhance wildlife habitat or restore native biological communities, and (v) for other activities or uses permitted by the terms of this Conservation Eden Prairie Conservation Easement Page 5 all activities or uses of the Protected Land that are not prohibited or limited by this Conservation Easement, the right to exclude all or any of the public from the Protected Land and to sell or transfer all or part of the Protected Land subject to this Conservation Easement. Owners shall inform all others who exercise any right by or through them on the Protected Land of the terms of this Conservation Easement. Owners shall incorporate by reference the terms of this Conservation Easement in all deeds or other legal instruments by which they transfer any interest, including a leasehold interest, in all or part of the Protected Land. Owners shall give sixty days prior written notification to the Trust of a transfer of all or any part of fee title to the Protected Land. 18. Costs and Liabilities Owners retain all obligations and shall bear all costs and liabilities of any kind accruing from their ownership of the Protected Land including the following responsibilities: A. Owners shall remain solely responsible for the operations, upkeep, and maintenance of the Protected Land. Owners shall keep the Protected Land free of all liens arising out of work performed for, materials furnished to, or obligations incurred by Owners. B. Owners shall pay all taxes and assessments levied against the Protected Land including any taxes or assessments levied against the interest of the Trust established by this Conservation Easement. The Trust may, but is not obligated to, make any payment of taxes or assessments levied against the Protected Land or the interest established by this Conservation Easement and shall have a right of reimbursement against Owners for such amounts. C. Owners shall remain solely responsible for maintaining liability insurance for its uses of the Protected Land and the Protected Land itself. Liability insurance policies maintained by the Owner covering the Protected Land will name the Trust as an additional named insured. Owners shall hold harmless, indemnify, and defend the Trust from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney's fees, arising out of or relating to (i) personal injury, death, or property damage resulting from an act, omission, or condition on or about the Protected Land unless due solely to the negligence or willful act of the Trust, (ii) the obligations retained by Owners to maintain the Protected Land and pay taxe§ in'paragraphs 18( A) and (B), and (iii) the existence of this Conservation Easement. 19. Enforcement If the Trust finds at any time that Owners have breached or may breach the terms of this Conservation Easement, the Trust may give written notice of the breach to Owners and demand action to cure the breach including, without limitation, restoration of the Protected Land. If Owners do not cure the breach within thirty days of notice, the Trust may commence an action to (i) enforce the terms of this Conservation Easement, (ii) enjoin the breach, ex parte if needed, either temporarily or permanently, (iii) recover damages, (iv) require restoration of the Protected Land to its condition prior to Owners' breach, and (v) pursue any 7 Eden Prairie Conservation Easement Page 6 other remedies available to it in law or equity. If, in its sole discretion, the Trust determines that immediate action is needed to prevent or mitigate significant damage to the Protected Land, the Trust may pursue its remedies under this Paragraph without written notice or giving Owners time to cure the breach. 20. Costs of Enforcement If the Trust prevails in an action brought under Paragraph 19, Owners shall reimburse the Trust for all costs incurred by the Trust in enforcing the terms of this Conservation Easement including, without limitation, costs of suit, reasonable attorney's fees, and costs of restoration. If Owners prevail and the District Court finds that the Trust brought the action without reasonable cause or in bad faith, the Trust shall reimburse Owners' costs of defense including, without limitation, costs of suit and reasonable attorney's fees. 21. Waiver The enforcement of the terms of this Conservation Easement is subject to the Trust's discretion. A decision by the Trust not to exercise its rights of enforcement in the event of a breach of a term of this Conservation Easement shall not constitute a waiver by the Trust of such term, any subsequent breach of the same or any other term, or any of the Trust's rights under this Conservation Easement. The delay or omission by the Trust to discover a breach by Owners or to exercise a right of enforcement as to such breach shall not impair or waive its rights of enforcement against Owners. 22. Acts Beyond Owners' Control The Trust shall not exercise its rights of enforcement against Owner for injury or alteration to the Protected Land resulting from causes beyond the reasonable control of Owners including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Owners under emergency conditions to prevent, abate, or mitigate significant injury or alteration to the Protected Land resulting from such causes. 23. Extinguishment If subsequent unexpected changes in the conditions surrounding the Protected Land make it impossible to preserve and protect the Conservation Values of the Protected Land, this Conservation Easement can only be extinguished, either all or in part, by proceedings in a court having jurisdiction. The amount of proceeds to which the Trust is entitled from an extinguishment shall be used consistent with the preservation and protection of the natural and scenic qualities of land in Minnesota. 24. Proceeds To establish the amount of proceeds to which the Trust is entitled on extinguishment, the parties agree that this Conservation Easement has a fair market value ascertained by a qualified, licensed appraiser at the time of the extinguishment of this Conservation Easement. 25. Assignment of Easement The Trust may transfer its rights and obligations in this Conservation Easement only to a qualified conservation organization, as provided in Section 170(h) of the Internal Revenue Code, which may hold conservation easements, as provided in Minnesota Statutes Sec. 84C. 0 1 (2) (1992). As a condition of such transfer, the Trust shall , Eden Prairie Conservation Easement Page 7 require the continued enforcement of this Conservation Easement. 26. Notices Any notice or other communication that either party wishes to or must give to the other shall be in writing alld either served personally or sent by first class mail, postage prepaid, to the following addresses or such other address as either party shall designate by written notice to the other: OWNERS: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 TRUST: Minnesota Land Trust 2356 University Avenue West, Suite 400 St. Paul, MN 55114 ATTN: Land Projects Committee 27. Governing Law and Construction This Conservation Easement shall be governed by the laws of Minnesota. 28. Entire Agreement This Conservation Easement sets forth the entire agreement of the parties and supersedes all prior discussions. 29. Amendment The parties may amend this Conservation Easement provided that such amendment (i) shall not impair or threaten the Conservation Values of the Protected Land, (ii) shall not affect the perpetual duration of this Conservation Easement, (iii) is approved by the Trust pursuant to its Policy Statement on Amending Conservation Easements, and (iv) shall not affect the qualification of this Conservation Easement under Minnesota Statutes Sections 84C.Ol- 84C.05 or the status of the Trust under Section 170(h) of the Internal Revenue Code. 30. Binding Effect The covenants, terms, conditions, and restrictions of this Conservation Easement shall bind and inure to the benefit of the parties, their personal representatives, heirs, successors, assigns, and all others who exercise any right by or through them and shall run in perpetuity with the Protected Land. OWNERS: CITY OF EDEN PRAIRIE By ____________________ __ Its ----------------------- By ____________________ __ Its ----------------------- TRUST: MINNESOTA LAND TRUST By ____________________ _ Its President 9 Eden Prairie Conservation Easement Page 8 STATE OF MINNESOTA COUNTY OF ------ This instrument was acknowledged before me this __ day of _______ , 1999, by __________ and _______________ , the ___________ and , respectively, of the City of Eden Prairie, a Minnesota municipal corporation. STATE OF MINNESOTA COUNTY OF RAMSEY Notary Public This instrument was acknowledged before me this __ day of , 1999 before me by , President of Minnesota Land Trust, a nonprofit Minnesota corporation. This instrument was drafted by: Minnesota Land Trust 2356 University Avenue West, Suite 400 St. Paul, MN 55114 651-647-9590 Notary Public If) Eden Prairie Conservation Easement Page 9 EXHIBIT A Legal Description 1/ · CITY COUNCIL AGENDA DATE: 9/21/99 SECTION: Consent SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Revision to Eden Shores Tax Increment Plan V.G. & Financial Services: Don Uram David Lindahl Requested Action: Move to: Approve the revision to Section I of the Eden Shores Tax Increment Plan for Tax Increment District #15. Synopsis: A minor revision was made to Section I of the Eden Shores TIF Plan that was originally approved by the Council July 20, 1999. The revision describes the phasing of the project and the numbers of units associated with the construction of each phase. It also more clearly describes that the qualifying criteria for the housing TIF district will apply only to the units constructed in phase 1 of the project (241). Attachments: Page 5 of the Eden Shores TIF Plan ) City of Eden Prairie, Minnesota The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District; however, the Authority does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The proposed development will consist of a senior residential campus located at the intersection of Fountain Place and Flying Cloud Drive. It is anticipated that a total of 321 housing units will be constructed in two phases. Phase I is expected to be completed in 2001, and Phase II is expected to be completed in 2005. The TIF district will include only 241 proposed units in Phase I. The qualifying criteria for a housing TIF district (see Section E) will therefore apply only to the 241 units constructed in Phase I of the proposed development. At the time this document was prepared there were no signed construction contracts with regards to the above-described development. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) the TIF District qualifies as a housing district and as a qualified housing district; See Section E of this document for the reasons and facts supporting this finding. (2) the proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan; The reasons and facts supporting this finding are that the developer has represented to the Authority that it would not undertake the proposed development without the assistance of tax increment financing. Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Project Area. (3) the TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and ~ SPRINGSTED The reasons and facts supporting this finding are that the TIF District is properly zoned, and the TIF Plan has been approved by the City Planning Commission and will generally compliment and serve to implement policies adopted in the City's comprehensive plan. edenpra7.t15 Page 5 CITY COUNCIL AGENDA DATE: 9/21/99 SECTION: Consent SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Project Management Agreement -Eden Shores V.H. & Financial Services: Senior Housing Project DonUram David Lindahl Requested Action: Move to: Authorize Mayor and City Manager to execute the Project Management Agreement for the Eden Shores senior housing project located at TH 212 and Fountain Place Road. Synopsis: The Project Management Agreement outlines the obligations ofthe developer relating to rent restrictions and calculations, Tax Increment repayment, as well as various other terms. Attachments: Project Management Agreement I RE: Attachment for Item V. H. on September 21, 1999 City Council Agenda Staff will provide Project Management Agreement on the day of the City Council Meeting. CITY COUNCIL AGENDA DATE: September 21, 1999 SECTION: Consent Calendar SERVICE AREA\DIVISION: SUBJECT: Winter Use Permit for the LRT ITEM NO. V:r. Park & Recreation Services ~ Trail Stuart A. Fox, Manager Parks & ~aturalResources Requested Action: Move to: Authorize signing a 1999-2000 Winter Use Pennit with Hennepin Regional Parks for the LRT Corridor within Eden Prairie. Synopsis: Currently, the Suburban Hennepin Park System does not provide for winter use of the LRT trail between ~ovember 15 th and March 31 st of each year. It has been up to the City, for the past three years, to request pennitted use of the trail during this winter period. The City has previously entered into a penni! agreement with Hennepin Parks System to allow hiking and cross-country skiing on the trail corridor by the public. Without the permit Hennepin Parks does not endorse any winter use on the LRT trail. The permit is applied for on an annual basis. There is not any maintenance provided for by City staff nor expenditure of money to allow Eden Prairie citizens or others to utilize this trail for cross-country skiing or walking activities. Attachments: A copy of the application form is attached for your infonnation. SAF:mdd 1 I HENNEPIN PARKS REGIONAL TRAIL SYSTEM LRT REGIONAL TRAIL CORRIDOR 1999-2000 WINTER USE PERMIT Name of City ______________ City Hall Phone: ____________ _ ConmctPerson, ______________ Phone; ___________________ _ Authorized 1999-2000 Winter Activities, _________________________ _ Authorization is hereby requested from the Hennepin Parks Board of Commissioners to use portions of the LRT Regional Trail Corridor for winter use activities between November 15 and March 31 as determined by each municipality within guidelines set forth herein on property located within individual City boundaries. It is understood and agreed that approval from the Hennepin Parks Board of Commissioners is contingent upon the following conditions: . • The City will provide the Park District with a Certificate of Insurance, naming Hennepin Parks as an additional named insured. Such certificate shall provide at least $600,000 aggregate or combined single limit of general liability coverage for the requested winter use activities. • The City agrees to mainmin the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November 1S-March 31 pursuant to guidelines esmblished by the Park District. The City further agrees to immediately address all safety issues on or adjacent to trails. • The City will provide signage at locations approved by the Park District notifying the public of authorized winter activities within its city limits; activities may include hiking, biking, snowmobiling, cross-country skiing, snowshoeing, or pet walking. (Horses are prohibited on all segments of the trail throughout the year.) Winter use signs must be insmlled by the City at designated locations prior to November 15 and removed by the City no later than April 15. These signs are tomlly the responsibility of each municipality. • The City agrees to enforce rules and regulations esmblished by the municipality as part of its request for a Winter Use Permit • The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and lor maintenance, including, but not limited to, grading or adding aggregate pursuant to guidelines esmblished by the Park District. • The City agrees that winter trail use will be available to all persons, regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by September 15, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the LRT Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: __________ _ Title: (Authorized Represenmtive of the City) ohl/lrt/wntrprmt.l CITY COUNCIL AGENDA DATE: September 21, 1999 SECTION: Consent Calendar SERVICE AREA\DIVISION: SUBJECT: Award Bid for Riley Lake Picnic ITEM NO. V. J: Park & Recreation Services~ Pavilion and Plaza Stuart A. Fox, Manager Parks & ~aturalResources Requested Action: Move to: Approve the bid by CM Construction Company, Inc. in the amount of $224, 194 for construction of the Riley Lake Picnic Pavilion and Plaza Area. Synopsis: City staff utilizing Ingraham and Associates prepared bids and specifications for the installation of a picnic pavilion and adjacent plaza and amenities at Riley Lake Park. The project was advertised and bids were opened on September 9, 1999. Four contractors bid on the project. The bid summary is attached to this memorandum. The low bidder for the project was CM Construction in the amount of $219,219. Staff is recommending to include Alternates 1 and Alternate 2 as add ons to the project, bringing the total for the project to $224,194. Background Information: The City has received a grant from the State of Minnesota for construction oftbis project. The grant was a matching grant up to $100,000, which would cover 50% of any City expenditures. Utilizing that grant, the City's portion of this project will be $124,194. The project estimate for this construction was $225,000. Attachments: Attached is the full bid summary for this project. There were a total of four bidders on the project ranging from the low of$219,219 to a high of $269,843 for the base bid portion. SAF:mdd 1 I Riley Lake Pavilion and Plaza Bid Opening J ~ ~J ~~~- September 9, 1999 10 a.m. City of Eden PraIrie Parks and Natural Resources A1. T. 1 (+1-) ALT. 2 (+1-) ALT.3 (+I .. ) BID CONTRACTOR CONTACT PHONE BASE 8'0 brick edge shingle cedar BOND COMMENTS 1 LO\le&t .... Co -~~~ofIJ Roen."f Jo"",,~~ l-11.-~(,-&lIE o ~/841 , ',locO S 1,440 ... ,Q.c. ,"1, 2 C. M. eo.."STtLuC.T, or-l ""ftI.'-( 4,I'IN p~~ ~Iz.-ffiS'· &n ~ 'Z,I'l,Z", '2.) ~c£'L -Z.,i-'~ "'c.J'(.o 5'0 ~. ~ e.huJ.f#i 3 Itt L CoI\)ST'Wc.T't ~N ~ htJ(:. ~11--4&1.4~o • 2.51-,-000 '4j 'S"'OO S ~JOOo ' 8/000 '570 £c/. ~ekttkJ. 4 ~r.JOUA IJ.t..., Roc. "",u.ex.. t..lz,.. ,~,. 7"" 'z.3l,11' -'2." (petS ., 'ZJCS1S" S fo, 'tet, ,.", i.cI. iNckJeJ ,.c:;:;ao 5 e 7 8 9 ~ 10 11 12 13 14 -------------------_ .. _-----L ____________ -------- CITY COUNCIL AGENDA DATE: September 21, 1999 SECTION: Consent Calendar SERVICE AREA\DIVISIO~ SUBJECT: Reject Bid for Richard T. Anderson ITEM NO. V' K. Park & Recreation Services . Conservation Area Retaining Wall Stuart A. Fox, Manager Parks & ~aturalResources Requested Action: Move to: Reject bids for the retaining wall at the Richard T. Anderson Conservation Area. Synopsis: City staff prepared and advertised for bids for the installation of a retaining wall at the Richard T. Anderson Conservation Area. The bids were opened on September 14, 1999. Only one bid was submitted, and the bid by Terranova, LLC was $104,950. Staffis recommending rejection of the bid because estimated construction cost for this project was $60,000. Staff will advertise again for this project and give more latitude in the completion date for the project extending it into the year 2000. Hopefully, by doing this additional bids will be received and the cost for the project will be closer to the estimated cost. SFF:mdd H:\Retaining Wall Bid RT Anderson 1 CITY COUNCIL AGENDA DATE: September 21, 1999 SECTION: Consent Calendar SERVICE AREA \DIVISION: SUBJECT: Adopting A New Date For The ITEM NO. Financial Services Truth-In-Taxation Reconvened Public Hearing v.L. Donald Uram, Director Requested Action: Move to: Adopt resolution setting a new date for the Truth-in-Taxation reconvened public hearing Synopsis: On September 7, the City Council adopted Resolution 99-169 setting the following dates for the "Truth- in Taxation" public hearings on the proposed 2000 tax levy and budget: Initial Public Hearing: Monday, December 6, 1999 Reconvened Public Hearing: Tuesday, December 21,1999 State Statute 275.065, subd. 6 requires that the reconvened public hearing be held at least five business days but no more than 14 business days after the initial public hearing. In addition, no reconvened public hearings can be held later than December 20, 1999. Since the date for Eden Prairie's reconvened public hearing does not meet the statutory deadline, a new date must be scheduled. The 1998 Legislature set aside Monday, December 13 for cities to hold reconvened public hearings. The City has not held a reconvened public hearing for the last 5 years. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 99- A RESOLUTION ADOPTING A NEW DATE FOR THE TRUTH-IN-TAXATION RECONVENED PUBLIC HEARING WHEREAS, the City Council of the City of Eden Prairie adopted Resolution No. 99-169 setting the dates for the "Truth-In-Taxation" Public Hearings; and WHEREAS, State Statute 275.065, subd. 6 requires the "Reconvened Public Hearing" be held at least five business days but no more than 14 business days after the initial Public Hearing. NOW, THEREFORE, BE IT RESOLVED, that the City Council: sets the following date for the "Truth-in-Taxation" Reconvened Public Hearing on the proposed 2000 tax levy and budget to: Monday, December 13, 1999 7: 00 PM, Council Chambers Eden Prairie City Center 8080 Mitchell Road ADOPTED by the City Council on September 21, 1999. Jean L. Harris, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 21, 1999 SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims -sLIT Financial ServiceslDon Uram Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 79110 to 79634 Background Information Attachments / COuNCIL CHECK SUMMARY 15-SEP-1999 (16:23) DIVISION TOTAL --------------------------------------------------------------------------------------------------------------------~--- N/A LEGISLATIVE CUSTOMER SERVICE BENEFITS TECHNOLOGY CITY MANAGER HUMAN RESOURCES COMMUNICATIONS CITY CLERK HUMAN SERV RISK MANAGEMENT WIRELESS COMMUNICATION ENGINEERING FACILITIES POLICE FIRE ANIMAL CONTROL PARK ADMIN STREETS/TRAFFIC PARK MAINTENANCE PARKS CAPITAL STREET LIGHTING FLEET SERVICES ORGANIZED ATHLETICS .': COMMUNITY DEV COMMUNITY 'CENTER BEACHES YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION RECREATION ADMIN ADAPTIVE REC OAK POINT POOL ARTS PARK FACILITIES PUBLIC IMPROV PROJ 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 $15.15 $526.21 $6,660.08 $35,782.50 $19,250.43 $34.50 $2,092.02 $85.67 $270.00 $10,750.00 $25.64 $2,838.80 $488.32 $12,558.20 $57,417.39 $12,304.19 $588.49 $190.86 $36,045.38 $22,757.85 $4,960.00 $314.00 $31,050.78 $7,148.25 $733.95 $9,610.84 $34.82 $7,577.17 $2,172.65 $2,352.75 $51. 02 $273.05 $52,361.71 $1,062.87 $494.10 $236,113.29 $2,027.72 $37,827.60 $4,515.47 $7,174.36 $38,522.88 $57,112.37 $94,693.57 $138,573.42 $3,048.62 $12,215.44 $13,512.92 $2,124.68 $988,341.98* COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 79110 791.11 79112 79113 79114 79115 79116 791.1.7 791.1.8 79119 791.20 791.21. 791.22 791.23 791.24 791.25 791.26 791.27 791.28 791.29 791.30 791.31. 791.32 791.33 791.34 791.35 791.36 791.37 791.38 791.40 791.41. 791.42 791.43 791.44 791.45 791.46 791.47 791.48 791.49 791.50 791.51. 791.52 791.53 791.54 791.55 791.56 791.57 791.58 791.59 791.60 791.61. 791.62 791.63 791.64 791.65 $48.90 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES $1.,61.3.1.3 $1.2,523.50 $38.00 $2,559.40 $292.87 $23.43 $1.,020.26 $31.5.00 $87.69 $59.00 $69.1.8 $466.1.8 $30.00 $1.21..25 $3,990.00 $37.1.5 $350.08 $1.,110.00 BELLBOY CORPORATION CAPITOL COMMUNICATIONS CHRISTY, JIM CLUTCH AND U JOINT CONCRETE CUTTING & CORING INC CONSTRUCTION MATERIALS INC TIE COMMUNICATIONS INC CT TECHNOLOGIES DANKO EMERGENCY EQUIPMENT CO DAY DISTRIBUTING DAY-TIMER DECORATIVE DESIGNS INC DESAULNIERS, DAN EDINA SW PLUMBING EDUCATIONAL SPORTS PROGRAM INC ENVIRONMENTAL EQUIPMENT & SERV FACILITY SYSTEMS INC FISK, APRIL MERCHANDISE FOR RESALE BUILDING OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT SMALL TOOLS PATCHING ASPHALT TELEPHONE OPERATING SUPPLIES-GENERAL PROTECTIVE CLOTHING BEER 6/1.2 OFFICE SUPPLIES RENTALS OTHER CONTRACTED SERVICES CONTRACTED BLDG REPAIRS INSTRUCTOR SERVICE EQUIPMENT PARTS FURNITURE & FIXTURES OTHER CONTRACTED SERVICES $56.65 G & K SERVICES-MPLS INDUSTRIAL EQUIPMENT RENTAL $1.58.52 GENERAL SAFETY EQUIPMENT COMPA CONTRACTED REPAIR & MAINT $1.,579.83 $25.00 $1.2,980.92 $1.,228.00 $1.69.90 $860.00 $1.,1.78.38 $7,027.57 $236.96 GRIGGS COOPER & CO HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER HIGLEY, STEVE ICE SKATING INSTITUTE INTERNATIONAL SUNPRINTS INC JANEX INC JOHNSON BROTHERS LIQUOR CO JOHNSON, RICK MERCHANDISE FOR RESALE OPERATING SUPPLIES-GENERAL DEPOSITS OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL CLOTHING & UNIFORMS CLEANING SUPPLIES MERCHANDISE FOR RESALE PROFESSIONAL SERVICES $2,089.27 KRAUS ANDERSON CONSTRUCTION CO BUILDING $226.50 $2,1.24.68 $57.39 $35,446.50 $275.00 $1.6,565.25 $1.,034.1.0 $1.09.82 $1.,41.7.25 $71..66 $1.50.00 $379.50 $1.7.00 $695.65 $69.52 $263.62 $647.79 $22.00 $51..1.2 $1.,023.03 $1.,800.00 $77.30 $33.22 $645.54 LAKE COUNTRY DOOR LANO EQUIPMENT INC LDV LEAGUE OF MINNESOTA CITIES INS LEONARD J KOEHNEN & ASSOC LOGIS MARK VII MCGONIGLE COMMCT INC. MEDICINE LAKE TOURS MENARDS METRO CONCRETE RAISING INC METRO EROSION INC METRO LEGAL SERVICES INC MIDWEST COCA COLA BOTTLING COM MINN BLUE DIGITAL MINNEGASCO MINNESOTA BUSINESS FORMS MINNESOTA CHIEFS OF POLICE ASS MINNESOTA CONWAY MINNESOTA SUPPLY COMPANY CONTRACTED BLDG REPAIRS AUTOS EQUIPMENT PARTS WORKMANS COMP INS PROFESSIONAL SERVICES LOGIS SERVICE BEER 6/1.2 OPERATING SUPPLIES-GENERAL SPECIAL EVENTS FEES OPERATING SUPPLIES-GENERAL MUDJACKING CURBS BUILDING MATERIALS OTHER CONTRACTED SERVICES MISC TAXABLE OPERATING SUPPLIES-GENERAL GAS OFFICE SUPPLIES PRINTING OPERATING SUPPLIES-GENERAL SMALL TOOLS MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS MINNESOTA WANNER COMPANY MTI DISTRIBUTING CO NORTH STAR ICE REPAIR & MAINT SUPPLIES EQUIPMENT PARTS MISC TAXABLE 3 1.5-SEP-1.999 (1.6 PROGRAM LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1. FIRE STATION CONSTRUCTION SOFTBALL EQUIPMENT MAINTENANCE STREET MAINTENANCE STREET MAINTENANCE FIRE FIRE FIRE PRAIRIE VILLAGE LIQUOR #1. REC SUPERVISOR EP CITY CTR OPERATING COSTS SOFTBALL EP CITY CTR OPERATING COSTS YOUTH ATHLETICS EQUIPMENT MAINTENANCE FURNITURE ACCOUNT VOLLEYBALL PARK MAINTENANCE FIRE PRAIRIE VILLAGE LIQUOR #1. COMMUNITY DEVELOPMENT ESCROW SOFTBALL ICE ARENA YOUTH ATHLETICS FIRE STATION #3 LIQUOR STORE CUB FOODS ANIMAL WARDEN PROJECT FIRE STATION CONSTRUCTION , FIRE STATION #3 P/W REVOLVING FUND EQUIPMENT MAINTE~ANCE IN SERVICE TRAINING WIRELESS COMMUNICATION INFORMATION SYSTEM PRAIRIE VILLAGE LIQUOR #1. GENERAL BUILDING FACILITIES ADULT PROGRAM PARK MAINTENANCE DRAINAGE RILEY LAKE 1.998 REHAB PROGRAM PRAIRE VIEW LIQUOR #3 ENGINEERING DEPT FIRE STATION #1. GENERAL POLICE FIRE EP CITY CTR OPERATING COSTS GENERAL BUILDING FACILITIES PARK MAINTENANCE EQUIPMENT MAINTENANCE PRAIRE VIEW LIQUOR #3 COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 79166 79167 79168 79170 79171 79172 79173 79174 791 75 79176 79177 79178 79179 79180 79181 79183 79184 79185 79186 79187 79188 79189 79190 79191 79192 79193 79194 79195 79196 79197 79198 79199 79200 79201 79202 79203 79204 79205 79206 79207 79209 79213 79214 79215 79216 79217 79218 79219 79220 79221 79222 79223 79224 79225 79226 $299.60 $72.90 $7,620.63 $318.00 $1,284.44 $172.89 $3,216.55 $906.74 $240.00 $320.00 $853.88 $1,168.00 $63.46 $11.65 $223.01 $1,330.98 $8.51 $6,107.36 $13.75 $51.30 $270.00 $9,226.83 $160.23 $48.60 $287.03 $100.00 $916.56 $745.00 $5,614.00 $3,171.21 $10,005.90 $5,663.87 $1,646.29 $1,893.28 $2,914.80 $57.15 $148.05 $759.87 $2,038.01 $6,598.01 $6,107.05 $113.75 $75.00 $75.00 $148.96 $75.00 $75.00 $33.93 $75.00 $75.00 $116.65 $75.00 $75.00 $75.00 $75.00 VENDOR PAUSTIS & SONS COMPANY PEPSI COLA COMPANY PHILLIPS WINE AND SPIRTS INC PINNACLE DISTRIBUTING QUALITY WINE & SPIRTS CO THE ICE MAN/C02 SERVICES THORPE DISTRIBUTING WINE COMPANY, THE AARP 55 ALIVE MATURE DRIVING BCA CJIS ID UNIT CARD SERVICES-BUSINESS CARD DESCRIPTION WINE IMPORTED MISC TAXABLE WINE DOMESTIC TOBACCO PRODUCTS MERCHANDISE FOR RESALE CHEMICALS BEER 6/12 WINE IMPORTED SPECIAL EVENTS FEES PROFESSIONAL SERVICES TRAVEL COLLINS & AIKMAN FLOORCOVERING REC EQUIP & SUPPLIES NORTHERN STATES POWER CO PARAGON CABLE PETTY CASH ROSEMOUNT INC. TARGET BFI CHRISTIANSON, JENNA DONABAUER, LUKE LEAGUE OF MINNESOTA CITIES MASSACHUSETTS MUTUAL LIFE INSU REAL GEM STRICHARCHUK, NICK US WEST COMMUNICATIONS VIKING COUNCIL BELLBOY CORPORATION DAHLHEIMER DISTRIBUTING COMPAN DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VII NORTH STAR ICE PEPSI COLA COMPANY PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING AMERICAN BLDG CONTRACTORS BAILEY, JENNIFER BOWLDS, TARA CARLSON, DANIEL CODY, BRIAN DILLON, CHAD ERICSON, CYNTHIA FUNK, SARA GERIS, JENNY HUTTER, MICHAEL JOHNSON, ALIA KOERING, JEREMY LUCAS, CALVIN MERRY, MARISSA ELECTRIC CABLE TV EMPLOYEE AWARD EQUIPMENT PARTS PHOTO SUPPLIES WASTE DISPOSAL OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL INSURANCE OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL TELEPHONE RESERVE EQUIPMENT MERCHANDISE FOR RESALE BEER 6/12 BEER 6/12 WINE IMPORTED BEER 6/12 WINE IMPORTED WINE DOMESTIC TOBACCO PRODUCTS BEER 6/12 MISC TAXABLE MISC TAXABLE WINE IMPORTED WINE DOMESTIC WINE IMPORTED BEER 6/12 CASH OVER/SHORT PARKING PERMITS PARKING PERMITS TRAVEL PARKING PERMITS PARKING PERMITS OPERATING SUPPLIES-GENERAL PARKING PERMITS PARKING PERMITS OPERATING SUPPLIES-GENERAL PARKING PERMITS PARKING PERMITS PARKING PERMITS PARKING PERMITS 15-SEP-1999 (16 PROGRAM PRAIRE VIEW LIQUOR #3 PRAlRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS POOL MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS SENIOR CENTER PROGRAM FIRE POLICE SPRING SKILL DEVELOP TRAFFIC SIGNALS COMMUNITY SERVICES HUMAN RESOURCES WATER TREATMENT PLANT AQUATICS & FITNESS SUPERV RECYCLE REBATE TEEN WORK PROGRAM TEEN WORK PROGRAM RECORDS MANAGEMENT PRAIRE VIEW LIQUOR #3 ENVIRONMENTAL EDUCATION TEEN WORK PROGRAM LIQUOR STORE CUB FOODS POLICE PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAlRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAlRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS FD 10 ORG Parking parking POLICE Parking Parking ART & MUSIC Parking Parking OUTDOOR CTR PROGRAM parking parking Parking parking COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 79227 79228 79229 79230 79231 79232 79233 79234 79235 79236 79237 79238 79239 79240 79241 79242 79243 79244 79245 79246 79247 79248 79249 79250 79251 79252 79253 79254 79255 79256 79257 79258 79259 79260 79261 79262 79263 79264 79265 79266 79267 79268 79269 79270 79271 79272 79273 79275 79276 79277 79279 79280 79281 79282 79283 $75.00 $208.50 $75.00 $75.00 $75.00 $642.35 $75.00 $75.00 $52.61 $35.04 $75.00 $200.00 $75.00 $75.00 $39.00 $26.25 $39.00 $75.00 $39.00 $39.00 $39.00 $105.00 $39.00 $39.00 $75.00 OLSON, MOLLY PLYMOUTH PLUMBING RIEMER, ERIC RUSSELL, JOAN SATTERSTROM, ERIK SCHEPERS, JACK SCHULTZ, MARY SCHWITZER, HEIDI SENIOR CENTER TREASURY STAR TRIBUNE THORESEN, WILLIAM US HOSPITALITY WEYBRAUCH, ERICA WIBBEN, JOSH BAUMBARTNER, ALICE CHEESMAN, SARAH COLEMAN, FLORENCE DISSINGER, MATTHEW EISELE, JOYCE EKMAN, CYNDI GORDENIER, MARY HARDY, PAMELA HOFFHINES, ETHEL JONES, LoRene LLOYD, ALLAN $75.00 LUNDBERG, KELLY $46.00 MATTSON, SHARON $19.00 MCCARTHY, ROBERT $82.81 MINNESOTA VALLEY ELECTRIC COOP $45.99 MUELLER, CYNTHIA $29.00 $26.25 $39.00 $39.00 $39.00 $30.00 $15.12 $23.00 $37.14 NILSON, DEB OLSON, SANDY REINHART, EMERY RICHTER, HELEN ROSIER, ELLIE SABER, ASIM SHORE, TRENT ST. CLAIR, PEG STAPLES, JANE STENSGAARD, STEVE TURNBULL, DAN WERTS, SANDY WILLIAMS, JILL WITHEROW, KATHY PARKING PERMITS PLUMBING PERMIT PARKING PERMITS PARKING PERMITS PARKING PERMITS OFFICE SUPPLIES PARKING PERMITS PARKING PERMITS SR CITIZENS/ADULT PROG FEES MISC TAXABLE PARKING PERMITS ADVERTISING PARKING PERMITS PARKING PERMITS SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES SR CITIZENS/ADULT PROG FEES PARKING PERMITS SR CITIZENS/ADULT PROG FEES SR CITIZENS/ADULT PROG FEES SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES SR CITIZENS/ADULT PROG FEES SR CITIZENS/ADULT PROG FEES PARKING PERMITS PARKING PERMITS LESSONS/CLASSES SR CITIZENS/ADULT PROG FEES ELECTRIC CLOTHING & UNIFORMS LESSONS/CLASSES LESSONS/CLASSES SR CITIZENS/ADULT PROG FEES SR CITIZENS/ADULT PROG FEES SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES OPERATING SUPPLIES-GENERAL PARKING PERMITS CONFERENCE LESSONS/CLASSES LESSONS/CLASSES $159.39 $75.00 $44.00 $15.12 $26.25 $26.25 $48.90 WOO, ROSE LESSONS/CLASSES $1,623.37 $1,519.84 $2,780.80 $16,673.21 $848.35 $1,157.68 $214.11 $451.17 $53.70 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES BELLBOY CORPORATION MERCHANDISE FOR RESALE EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VII MIDWEST COCA COLA BOTTLING COM NORTH STAR ICE PEPSI COLA COMPANY WINE IMPORTED BEER 6/12 MISC NON-TAXABLE MERCHANDISE FOR RESALE MISC TAXABLE MISC TAXABLE MISC TAXABLE MISC TAXABLE s 15-SEP-1999 (16 PROGRAM Parking FD 10 ORG Parking Parking Parking PRAIRIE VILLAGE LIQUOR #1 parking parking SENIOR CENTER PROGRAM PRAlRE VIEW LIQUOR #3 parking PRAIRE VIEW LIQUOR #3 parking Parking ADULT PROGRAM OAK POINT LESSONS ADULT PROGRAM Parking ADULT PROGRAM ADULT PROGRAM ADULT PROGRAM OAK POINT LESSONS ADULT PROGRAM ADULT PROGRAM Parking Parking POOL LESSONS SENIOR CENTER PROGRAM RILEY LAKE OAK POINT OPERATIONS OAK POINT LESSONS OAK POINT LESSONS ADULT PROGRAM ADULT PROGRAM ADULT PROGRAM ICE ARENA POOL LESSONS POOL LESSONS POOL LESSONS HORSESHOES parking IN SERVICE TRAINING POOL LESSONS OAK POINT LESSONS POOL LESSONS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAlRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAlRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAlRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT VENDOR 79284 79286 79287 79288 79289 79290 7929J. 79292 79293 79294 79295 79296 79297 79298 79299 79300 7930J. 79302 79303 79304 79305 79306 79307 79308 79309 793J.0 793J.J. 793J.2 79313 79314 793J.5 793J.6 793J.7 793J.8 79319 79320 7932J. 79322 79323 79324 79325 79326 79327 79328 79329 79330 7933J. 79332 79333 79334 79335 79336 79337 79338 79339 $594.78 $254.44 $740.26 $2,745.60 $J.,130.78 $2,284.65 $9, J.J.4. 97 $473.00 $J.,394.J.0 $20.39 $J.50.00 $J.5J..00 $J.79.60 $556.36 $339.00 $55.00 $57.00 $286.25 $J.90.00 $J.,J.72.96 $532.00 $436.65 $J.OO.OO $J.90.00 $64.00 $40.00 $75.00 $8.00 $6.76 $75.89 $35.00 $J.J..67 $45.00 $77.00 $J.3.00 $13 .00 $5,000.00 $30.75 $J.3.00 $478.25 $J.2.50 $J.90.86 $97.03 $J.3.00 $30.75 $80.00 $275.00 $40.00 PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WORLD CLASS WINES INC EAGLE WINE COMPANY GRIGGS COOPER & CO PAUSTIS & SONS COMPANY THORPE DISTRIBUTING AT&T AWWA BALLARD, CHERYL CREATIVE CONCEPTS IN MARKETING DAHLGREN SHARDLOW AND UBAN HOLIDAY HOTEL & SUITES ICE SKATING INSTITUTE KEELER, MICHELLE KING, DAVID KRESS, CARLA MINN CHILD SUPPORT PAYMENT CTR MINNESOTA STATE FAIR MINNESOTA VALLEY ELECTRIC COOP MN STATE FIRE MARSHALL ACCT MN/SD CCIM CHAPTER SATHER, TIM SORENSEN, ED TATZ, AMANDA ALLEN, JANE BONGAARTS, GREG BOSACKER, MIKE BROS CHARD , MELODY DEMING, GARY ESBENSEN, JEAN HANSON, KAREN HILLEN, JOANN HOLMQUIST, JODE AND STEVE JACOB WETTERLING FOUNDATION KENDALL, LISA NASH KINNANE, VALERIE KISSOON, CLUGG, LINDER & LTD. LAMAR, WENDY LAMBERT, BOB LANENBERG, CYNTHIA MATTSON, TERRI MCCORMICK, KELLY MINNESOTA DEPT OF COMMERCE MINNESOTA STATE FIRE DEPT ASSO PIRZADEH, NOOSHIN $42.00 ROBISON, ELIZABETH $32.00 SCHULZ, MICHAEL $13.00 SKEELS, SARA $45.00 SPINNER, CINDY $J.05.85 STREICHERS $80.00 SWAN, JULIE $86.00 THUL, JEANETTE DESCRIPTION WINE DOMESTIC WINE DOMESTIC MERCHANDISE FOR RESALE BEER 6/J.2 WINE DOMESTIC WINE IMPORTED MERCHANDISE FOR RESALE WINE DOMESTIC BEER 6/J.2 TELEPHONE CONFERENCE ADULT/YOUTH/OUTDOOR CTR PROG EMPLOYEE AWARD GRANTS-OTHER GOVT UNIT TRAVEL OPERATING SUPPLIES-GENERAL ADULT/YOUTH/OUTDOOR CTR PROG ACCTS REC-CUSTOMER MILEAGE AND PARKING GARNISHMENT WITHHELD DEPOSITS ELECTRIC CONFERENCE CONFERENCE OPERATING SUPPLIES-GENERAL TRAVEL PARKING PERMITS ADULT/YOUTH/OUTDOOR CTR PROG MILEAGE AND PARKING TRAVEL ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT /YOUTH/ OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG PROFESSIONAL SERVICES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG OTHER REVENUE ADULT/YOUTH/OUTDOOR CTR PROG OPERATING SUPPLIES-GENERAL MILEAGE AND PARKING ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG MILEAGE AND PARKING DUES & SUBSCRIPTIONS ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG CLOTHING & UNIFORMS ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG J.5-SEP-J.999 (J.6 PROGRAM PRAlRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAlRE VIEW LIQUOR #3 WATER TREATMENT PLANT WATER UTILITY-GENERAL DAY CAMP HUMAN RESOURCES GUIDE PLAN WATER UTILITY-GENERAL ICE ARENA SPECIAL EVENTS/TRIPS WATER DEPT ADAPTIVE RECREATION FD J.O ORG ESCROW STREET LIGHTING FIRE IN SERVICE TRAINING FIRE WATER UTILITY-GENERAL parking SPORTS/SPECIAL CAMPS WATER TREATMENT PLANT POLICE SUMMER SKILL DEVELOP SUMMER SKILL DEVELOP SUMMER SKILL DEVELOP ACTIVITY CAMP DAY CAMP DAY CAMP HOUSING, TRANS, & SOC SVC SUMMER SKILL DEVELOP DAY CAMP FD J.O ORG AFTERNOON PLAYGROUND PARK/REC ADMIN FIRE DAY CAMP SUMMER SKILL DEVELOP COMMUNITY DEVELOPMENT FIRE SUMMER SKILL DEVELOP SUMMER SKILL DEVELOP SUMMER SKILL DEVELOP ACTIVITY CAMP SUMMER SKILL DEVELOP POLICE ACTIVITY CAMP PRESCHOOL EVENTS COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 79340 79342 79343 79344 79345 79346 79347 79348 79350 79351 79354 79356 79357 79358 79359 79360 79361 79362 79363 79364 79365 79366 79367 79368 79369 79370 79371 79372 79373 79374 79375 79376 79377 79378 79379 79380 79381 79382 79383 79384 79385 79387 79388 79389 79390 79391 79392 79393 79394 79395 79396 79397 79398 79399 79400 $1,303.51 $12.40 $7.80 $97.22 $938.70 $8,196.75 $1,547.17 $4,629.42 $83.70 $6,450.28 $5,123.89 $16.50 $56.15 $120.00 $1,365.00 $75.00 $49.34 $20.00 $54.00 $200.50 $64.41 $3,677.40 $2,460.00 $77.30 $23.25 $175.00 $58.00 $338.81 $40.00 $10.00 $414.85 $10.00 $599.87 $227.59 $10.00 $43.16 $659.24 $2,717.45 $1,120.58 $371.00 $7,404.37 $4,552.83 $1,426.53 $3,195.39 $2,725.35 $1,133.91 $92.49 $139.65 $1,983.37 $11,889.15 $9,920.00 $18.52 $662.00 $606.66 $1,400.00 VENDOR DESCRIPTION US WEST COMMUNICATIONS TELEPHONE VANSICKLE, PATTI MILEAGE AND PARKING VENABLE, GINGER ADULT/YOUTH/OUTDOOR CTR PROG AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 EAST SIDE BEVERAGE COMPANY BEER 6/12 GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO NORTH STAR ICE PHILLIPS WINE AND SPIRTS INC QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING AUTOMATIC GARAGE DOORS BCA CJIS ID UNIT C&J TRAVEL INC CHEPOKAS, ERIKA DAHLGREN SHARDLOW AND UBAN DARDICK, KATHY DONALDSON, LORINDA ELLIS, KIM KIEHNA FROEMMING, NANCY GTE DIRECTORIES GUNNAR ELECTRIC CO INC HENNEPIN COUNTY TREASURER KOSKI, KIM MIDWEST REGIONAL CHILDRENS ADV MIKKONEN, MARY RICHFIELD, CITY OF SMITH, CINDY STEBLAY, MARIA SUBURBAN EXT INC TWEEDY, CRYSTAL UNIFORMS UNLIMITED US WEST COMMUNICATIONS WITTHUHN, JAN MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE MISC TAXABLE WINE IMPORTED WINE IMPORTED BEER 6/12 MECHANICAL PERMIT CONFERENCE INVESTIGATION TRAVEL PARKING PERMITS GRANTS-OTHER GOVT UNIT LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES OFFICE SUPPLIES ADVERTISING REPAIR & MAINT SUPPLIES WASTE DISPOSAL LESSONS/CLASSES SCHOOLS LESSONS/CLASSES OTHER EQUIPMENT ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG CASH PARK FEES ADULT/YOUTH/OUTDOOR CTR PROG CLOTHING & UNIFORMS TELEPHONE ADULT/YOUTH/OUTDOOR CTR PROG AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES BIG LAKE CONSTRUCTION DAY DISTRIBUTING EAGLE WINE COMPANY GRAND PERE WINES INC GRIGGS COOPER & CO INGRAHAM & ASSOC LAKE REGION VENDING LINCOLN STUDIOS MIDWEST MARK VII MG INDUSTRIES NORTH STAR ICE PEPSI COLA COMPANY PRIOR WINE COMPANY THORPE DISTRIBUTING A-1 SURFACING AAA LAMBERTS LANDSCAPE PRODUCT AIR POWER EQUIPMENT CORPORATIO AIRTOUCH CELLULAR, BELLEVUE ALL SEASONS LANDSCAPE & DESIGN CONTRACTED BLDG REPAIRS BEER 6/12 WINE DOMESTIC WINE IMPORTED MERCHANDISE FOR RESALE IMPROVEMENTS TO LAND TOBACCO PRODUCTS CONTRACTED BLDG REPAIRS BEER 6/12 CHEMICALS MISC TAXABLE MISC TAXABLE WINE DOMESTIC BEER 6/12 SEAL COATING CONTRACTED LANDSCAPE MTLS & AG SUPPL CONTRACTED BLDG REPAIRS TELEPHONE CONTRACTED REPAIR & MAINT 7 15-SEP-1999 (16 PROGRAM ROUND LAKE POLICE AFTERNOON PLAYGROUND PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAlRE VIEW LIQUOR #3 FD 10 ORG POLICE POLICE Parking GUIDE PLAN OAK POINT LESSONS ICE ARENA OAK POINT LESSONS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 POOL MAINTENANCE PARK MAINTENANCE OAK POINT LESSONS POLICE ICE ARENA STORM DRAINAGE OUTDOOR CTR PROGRAM OUTDOOR CTR PROGRAM PARK ACQUISITION & DEV'P OUTDOOR CTR PROGRAM ANIMAL WARDEN PROJECT PRAlRE VIEW LIQUOR #3 OUTDOOR CTR PROGRAM PRAIRE VIEW LIQUOR #3 WATER TREATMENT PLANT PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 RILEY LAKE PARK SHELTER (GRANT LIQUOR STORE CUB FOODS 10 MGD WATER PLANT EXPANSION LIQUOR STORE CUB FOODS WATER TREATMENT PLANT LIQUOR STORE CUB FOODS PRAlRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAlRE VIEW LIQUOR #3 EDEN VALLEY PARK WATER SYSTEM MAINTENANCE FIRE STATION #1 POLICE WATER SYSTEM MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 79401 79402 79403 79404 79405 79406 79407 79408 79409 79410 79411 79412 79413 79414 79415 79416 79417 79418 79419 79420 79421 79422 79423 79424 79425 79426 79427 79428 79429 79430 79431 79433 79434 79435 79436 79437 79438 79439 79440 79441 79442 79443 79444 79445 79446 79447 79449 79450 79451 79452 79453 79454 79455 79456 79457 $745.50 $929.95 $135.46 $750.10 $1,000.01 $864.09 $1,689.83 $531.80 $20,100.00 $1,788.00 $1,722.00 $723.00 $780.00 $183.75 $1,353.51 $2,325.11 $809.40 $13,149.55 $92.95 $3,084.51 $5,507.50 $1,500.00 $257.25 $55.60 $1,070.00 $170.64 $20.00 $68.83 $465.51 $2,324.39 $686.54 $203.76 $205.86 $2,140.61 $8,036.02 $76.20 $148.98 $247.88 $531. 97 $172.96 $696.19 $97.28 $25,108.50 $156.49 $41.40 $22,934.17 $254.05 $208.74 $181.42 $236.43 $359.26 $74.02 $650.00 $104.00 $12,641.73 VENDOR AMERICAN RED CROSS ANCHOR PRINTING COMPANY APPARENTLY GRAPHIC LTD. APRES AQUA ENGINEERING INC AQUA LOGIC INC ARCH PAGING ARCH SPEC INC ARTEKA ASPEN CARPET CLEANING BAD-BRAZ TRUCKING INC. BARTL, JEFF BATTCHER AND AERO ELECTRICAL C BAUER BUILT TIRE AND BATTERY BECKER ARENA PRODUCTS INC BELAIR EXCAVATING BENIEK LAWN SERVICE BIG LAKE CONSTRUCTION BLOOMINGTON LOCK AND SAFE* BORDER STATES ELECTRIC SUPPLY BRAUN INTERTEC CORPORATION BRAUN INTERTEC CORPORATION BRO-TEX INC BROADWAY AWARDS BUCK, NATHAN BURTON EQUIPMENT INC BYMERF, MIKE CAPITOL COMMUNICATIONS CATCO CLUTCH & TRANSMISSION SE CEMSTONE CHANHASSEN BUMPER TO BUMPER CHIEF SUPPLY CLARKLIFT OF MINNESOTA INC CLUTCH AND U JOINT COMMERCIAL ROOFING INC COMMERCIAL SAW COMPANY CONNEY SAFETY PRODUCTS CONSOLIDATED PLASTICS COMPANY CONSTRUCTION MATERIALS INC CONTINENTAL SAFETY EQUIPMENT TIE COMMUNICATIONS INC CORPORATE EXPRESS CROSSTOWN MASONRY CUB FOODS EDEN PRAIRIE CULLIGAN WATER CUTLER-MAGNER COMPANY DALE GREEN COMPANY, THE DANKO EMERGENCY EQUIPMENT CO DARTNELL CORPORATION, THE DECORATIVE DESIGNS INC DELEGARD TOOL CO DICK BLICK ART MATERIALS DIETHELM, GARY DISNEY EDUCATIONAL PRODUCTIONS DPC INDUSTRIES INC DESCRIPTION REC EQUIP & SUPPLIES PRINTING OPERATING SUPPLIES-GENERAL EQUIPMENT RENTAL CONTRACTED BLDG REPAIRS REPAIR & MAINT SUPPLIES COMMUNICATIONS BUILDING OTHER CONTRACTED SERVICES CONTRACTED BLDG MAINT RENTALS OTHER CONTRACTED SERVICES CONTRACTED EQUIP REPAIR TIRES REPAIR & MAINT SUPPLIES BUILDING GROUNDS MAINTENANCE CONTRACTED BLDG REPAIRS CONTRACTED BLDG REPAIRS EQUIPMENT PARTS DESIGN & CONST CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES FURNITURE & FIXTURES OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT EQUIPMENT PARTS ASPHALT OVERLAY EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL CONTRACTED EQUIP REPAIR EQUIPMENT PARTS BUILDING OPERATING SUPPLIES-GENERAL SAFETY SUPPLIES OFFICE SUPPLIES REPAIR & MAINT SUPPLIES PROTECTIVE CLOTHING TELEPHONE OFFICE SUPPLIES BUILDING OPERATING SUPPLIES-GENERAL WATER SOFTNER CHEMICALS LANDSCAPE MTLS & AG SUPPL CONTRACTED REPAIR & MAINT DUES & SUBSCRIPTIONS OTHER CONTRACTED SERVICES LUBRICANTS & ADDITIVES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL TRAINING SUPPLIES CHEMICALS 8 15-SEP-1999 (16 PROGRAM OAK POINT LESSONS TASTE ON PRAIRIE FIRE TASTE ON PRAIRIE WATER TREATMENT PLANT POOL MAINTENANCE WIRELESS COMMUNICATION FIRE STATION CONSTRUCTION MARKETCENTER STREETSCAPE EP CITY CTR OPERATING COSTS FACILITIES-CITY CENTER REMODEL SOFTBALL MARKETCENTER RESERVOIR EQUIPMENT MAINTENANCE ICE ARENA FIRE STATION CONSTRUCTION FIRE STATION #1 WATER WELL #2 EP CITY CTR OPERATING COSTS WATER SYSTEM MAINTENANCE PAVEMENT MGMT PROGRAM INFORMATION SYSTEM FIRE ART & MUSIC SOFTBALL WATER TREATMENT PLANT SOFTBALL WIRELESS COMMUNICATION EQUIPMENT MAINTENANCE STREET MAINTENANCE EQUIPMENT MAINTENANCE POLICE WATER TREATMENT PLANT EQUIPMENT MAINTENANCE FIRE STATION CONSTRUCTION PARK MAINTENANCE EQUIPMENT MAINTENANCE POLICE STORM DRAINAGE SEWER SYSTEM MAINTENANCE GENERAL POLICE FIRE STATION CONSTRUCTION DAY CAMP OUTDOOR CENTER-STARING LAKE WATER TREATMENT PLANT STREET MAINTENANCE FIRE WATER UTILITY-GENERAL WATER TREATMENT PLANT EQUIPMENT MAINTENANCE COMMUNITY SERVICES CEMETERY OPERATION POLICE WATER TREATMENT PLANT COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 79458 79459 79460 79461 79462 79463 79464 79465 79466 79467 79468 79469 79470 79471 79472 79473 79474 79475 79476 79477 79478 79479 79480 79481 79482 79483 79484 79485 79487 79488 79489 79490 79491 79492 79493 79494 79495 79496 79497 79498 79499 79500 79501 79502 79503 79504 79505 79506 79507 79508 79509 79510 79511 79512 79513 $16,716.00 $352.28 $4,778.98 $213.53 $102.00 $25.00 $51,194.35 $7.50 $305.00 $97.33 $1,384.48 $75.79 $2,698.71 $332.01 $1,500.00 $47.00 $19.25 $398.99 $32,205.60 $1,418.59 $1,255.50 $383.40 DRT TRANSPORT DYNA SYSTEMS EARL F ANDERSEN INC ECOLAB INC EDEN PRAIRIE CHAMBER OF COMMER EDEN PRAIRIE NEWS EDEN PRAIRIE SCHOOL DISTRICT N EDEN PRAIRIE SENIOR CTR EDINA, CITY OF ELVIN SAFETY SUPPLY INC EMERGENCY APPARATUS MAINTENANC ENVIRONMENTAL EQUIPMENT & SERV ESS BROTHERS & SONS INC· FACILITY SYSTEMS INC FAMILY HOPE SERVICES FASTSIGNS FEDEX FIBRCOM-MN FIELDWORKS INC FILTRATION SYSTEMS FINLEY BROS INC OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES GROUNDS MAINTENANCE CONFERENCE DUES & SUBSCRIPTIONS OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL CONST TESTING-SOIL BORING SAFETY SUPPLIES CONTRACTED REPAIR & MAINT EQUIPMENT PARTS REPAIR & MAINT SUPPLIES BUILDING PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL POSTAGE COMMUNICATIONS COMPUTERS BLDG REPAIR & MAINT REPAIR & MAINT SUPPLIES FIRE INSTRUCTORS ASSOCIATION 0 TRAINING SUPPLIES $636.87 FLEXIBLE PIPE TOOL COMPANY EQUIPMENT PARTS $1,553.88 G & K SERVICES-MPLS INDUSTRIAL CLEANING SUPPLIES $90.00 GARDEN & ASSOC INC PROFESSIONAL SERVICES $877.26 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES $704.47 $1,282.53 $163.32 $123.01 $183.00 $1,116.50 $6,550.94 $13,784.84 $3,466.45 $38.13 $2,198.67 $1,927.67 $696.00 $1,309.96 $885.00 $2,080.00 $4.30 $30.00 $67.10 $681. 28 $398.32 $817.57 $3,000.16 $76.52 $282.20 $745.38 $54.32 $202.00 $400.00 GE CAPITAL GENUINE PARTS COMPANY GINA MARIAS INC GLEWWE DOORS INC GOLD COUNTRY INC SIGNATURE CON HACH COMPANY HANSEN THORP PELLINEN OLSON HARTLAND FUEL PRODUCTS LLC HAWKINS WATER TREATMENT GROUP HELLING, LAURIE HENNEPIN COUNTY SHERIFF'S ACCO HENNEPIN COUNTY TREASURER -AC RENTALS NEW CAR EQUIPMENT OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES CLOTHING & UNIFORMS OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES MOTOR FUELS CHEMICALS MILEAGE AND PARKING BOARD OF PRISONERS SVC BOARD OF PRISONERS SVC HIGLEY, STEVE OTHER CONTRACTED SERVICES HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL HOME TEAM PAINTING & DECORATIN CONTRACTED BLDG MAINT HONEYWELL INC ICE SKATING INSTITUTE INGMAN LABORATORIES INSTY-PRINTS INTERSTATE DETROIT DIESEL INC lOS CAPITAL J H LARSON ELECTRICAL COMPANY J MARCEL ENTERPRISES JACKSON-HIRSH INC JAMIESON COMPANY, THE JANEX INC JIM BROWNS CULTURED SOD FARM KEN ANDERSON TRUCKING KENNETH COMPANIES INC OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT RENTALS REPAIR & MAINT SUPPLIES CLOTHING & UNIFORMS OFFICE SUPPLIES REC EQUIP & SUPPLIES CLEANING SUPPLIES LANDSCAPE MTLS & AG SUPPL PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL q 15-SEP-1999 (16 PROGRAM WATER TREATMENT PLANT WATER TREATMENT PLANT PARK MAINTENANCE SENIOR CENTER IN SERVICE TRAINING WATER UTILITY-GENERAL OAK POINT OPERATIONS TASTE ON PRAIRIE WATER SYSTEM SAMPLE WATER SYSTEM MAINTENANCE FIRE EQUIPMENT MAINTENANCE STORM DRAINAGE FACILITIES-CITY CENTER REMODEL HOUSING, TRANS, & SOC SVC POOL OPERATIONS GENERAL WIRELESS COMMUNICATION POLICE WATER TREATMENT PLANT ROUND LAKE FIRE SEWER SYSTEM MAINTENANCE WATER TREATMENT PLANT POLICE ICE ARENA GENERAL EQUIPMENT MAINTENANCE FIRE EATON BLDG DAY CAMP WATER SYSTEM MAINTENANCE ENGINEERING DEPT EQUIPMENT MAINTENANCE WATER TREATMENT PLANT RECREATION ADMIN POLICE POLICE SOFTBALL PARK MAINTENANCE EP CITY CTR OPERATING COSTS WATER TREATMENT PLANT ICE ARENA WATER SYSTEM MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 EQUIPMENT MAINTENANCE FIRE EATON BLDG POLICE WATER UTILITY-GENERAL VOLLEYBALL EPCC MAINTENANCE PARK MAINTENANCE ANIMAL WARDEN PROJECT CEMETERY OPERATION COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 79514 79515 79516 79517 79518 79519 79520 79521 79522 79523 79524 79525 79526 79528 79529 79530 79531 79532 79533 79534 79535 79536 79537 79538 79539 79540 79541 79542 79543 79544 79545 79546 79547 79548 79549 79550 79551 79552 79553 79554 79555 79556 79557 79558 79559 79560 79561 79562 79563 79564 79565 79566 79567 79568 79569 $42,587.74 $517.13 $292.50 $526.40 $52.60 $4,700.00 $249.29 $1,429.70 $364.47 $27,225.00 $171.93 $159.46 $396.85 $757.14 $71. 89 $4,703.78 $54.91 $7,755.66 $361. 80 $4,575.03 $72.87 $46.58 $170.99 $206.63 $153.41 $1,687.15 $134.95 $1,440.36 $458.53 $157.41 $1,810.50 $72.01 $988.50 $26,040.80 $3,967.18 $99.68 $1,516.23 $244.79 $180.00 $88.09 $69.60 $95.60 $272 .45 $173.25 $383.21 $34.05 $3,043.04 $45.00 $216.00 $125.00 $240.96 $626.09 $40.00 $4,250.00 $50.26 VENDOR KOBER EXCAVATING LAB SAFETY SUPPLY INC LAKE COUNTRY DOOR LAKELAND FORD TRUCK SALES LDV LIQUID ENGINEERING CORPORATION MACQUEEN EQUIPMENT INC DESCRIPTION IMPROVEMENT CONTRACTS REPAIR & MAINT SUPPLIES CONTRACTED BLDG REPAIRS EQUIPMENT PARTS NEW CAR EQUIPMENT OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL MASYS CORPORATION CONTRACTED COMM MAINT MAXI-PRINT INC PRINTING McFARLAND CONSTRUCTION COMPANY BUILDING MCGLYNN BAKERIES MCNEILUS STEEL INC MENARDS METALS JOINING LAB CO INC METRO ATHLETIC SUPPLY METRO SALES INCORPORATED* METROPOLITAN FORD MICHAEL J WILKUS ARCHITECTS IN MID AMERICA PLASTICS INC MIDWEST ASPHALT CORPORATION MINNCOMM PAGING MINNESOTA COUNTY ATTORNEYS ASS MINNESOTA WANNER COMPANY MIRACLE RECREATION MOORE MEDICAL CORP MTI DISTRIBUTING CO NATIONAL FIRE PROTECTION ASSOC NATIONWIDE ADVERTISING SERVICE NORTH STAR TURF SUPPLY OHLIN SALES OLSEN CHAIN & CABLE CO INC P & H WAREHOUSE SALES INC PARROTT CONTRACTING INC PEARSON BROTHERS INC PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRECISION PAVEMENT MARKING PSC SUPPLY PURDIE, KRISTY QUALITY FLOW SYSTEMS INC QUICKSILVER EXPRESS COURIER RADIO SHACK RAINBOW FOODS -CHARGES ROO FINANCIAL SERVICES CO RESPOND SYSTEMS RITZ CAMERA RMR SERVICES INC ROADRUNNER TRANSPORTATION INC ROBICHONS THE IN-LINE SKATE SC ROTO-ROOTER SAFETY-KLEEN SAVOIE SUPPLY CO INC SCRANTON GILLETTE COMMUNlCATIO SENIOR COMMUNITY SERVICES SH BARTLETT OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL RENTALS EQUIPMENT PARTS BUILDING REPAIR & MAINT SUPPLIES WASTE BLACKTOP/CONCRETE COMMUNICATIONS TRAINING SUPPLIES CONTRACTED EQUIP REPAIR REPAIR & MAINT SUPPLIES SAFETY SUPPLIES EQUIPMENT PARTS TRAINING SUPPLIES EMPLOYMENT ADVERTISING CHEMICALS OPERATING SUPPLIES-GENERAL SAFETY SUPPLIES REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT SEAL COATING CONTRACTED REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES CONTRACTED STRIPING OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES CONTRACTED EQUIP REPAIR POSTAGE NEW CAR EQUIPMENT OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT SAFETY SUPPLIES OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT INSTRUCTOR SERVICE CONTRACTED REPAIR & MAINT EQUIPMENT RENTAL CLEANING SUPPLIES DUES & SUBSCRIPTIONS PROFESSIONAL SERVICES REPAIR & MAINT SUPPLIES /0 15-SEP-1999 (16 PROGRAM CEDAR FOREST UTILITY CONSTRUCT WATER TREATMENT PLANT EP CITY CTR OPERATING COSTS EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE WATER STORAGE-BAKER RD PARK MAINTENANCE INFORMATION SYSTEM POLICE FACILITIES-CITY CENTER REMODEL SENIOR CENTER PROGRAM EQUIPMENT MAINTENANCE STORM DRAINAGE WATER TREATMENT PLANT PARK MAINTENANCE FIRE EQUIPMENT MAINTENANCE FACILITIES-CITY CENTER REMODEL WATER TREATMENT PLANT STREET MAINTENANCE WATER UTILITY-GENERAL POLICE PARK MAINTENANCE CARMEL PARK FIRE EQUIPMENT MAINTENANCE FIRE HUMAN RESOURCES PARK MAINTENANCE POLICE SEWER SYSTEM MAINTENANCE PARK MAINTENANCE WATER SYSTEM MAINTENANCE STREET MAINTENANCE POOL MAINTENANCE WATER SYSTEM MAINTENANCE TRAFFIC SIGNS PARK MAINTENANCE VOLLEYBALL SEWER LIFTSTATION GENERAL EQUIPMENT MAINTENANCE OUTDOOR CTR PROGRAM EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE TREE DISEASE WATER METER READING EQUIPMENT MAINTENANCE SUMMER SKILL DEVELOP SEWER SYSTEM MAINTENANCE PARK MAINTENANCE WATER TREATMENT PLANT WATER UTILITY-GENERAL HOUSING, TRANS, & SOC SVC EPCC MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 79570 79571 79572 79573 79574 79575 79576 79577 79578 79579 79580 79581 79582 79583 79584 79585 79586 79587 79588 79589 79590 79591 79592 79593 79594 79595 79596 79597 79598 79599 79600 79601 79602 79603 79604 79605 79606 79607 79608 79609 79610 79611 79612 79613 79614 79615 79616 79617 79618 79619 79620 79621 79622 79623 79624 $8.82 $4,721. 01 $887.18 $51. 00 $474.71 $90.10 $195.00 $4,567.50 $85.00 $361.30 $4,974.00 $115.80 $436.36 $1,868.01 $211.21 $700.00 $368.00 $5,781. 98 $125.00 $123.01 $20.00 $863.04 $8,904.44 $116.98 $99.00 $2,320.00 $1,735.00 $323.50 $363.91 $360.04 $234.30 $88.25 $368.42 $414.55 $614.85 $6,456.94 $576.07 $204.78 $109,140.89 $4,557.80 $2,428.20 $2,035.47 $7,214.38 $111.03 $5.60 $1,452.47 $205.00 $485.62 $53.19 $222.44 $701.10 $719.93 $21. 82 $165.00 $980.00 VENDOR SHERWIN WILLIAMS SIGN SOURCE INC SNAP-ON TOOLS SNAP-ON TOOLS SOUTHWEST CONTRACTORS SUPPLY SOUTHWEST SUBURBAN PUBLISHING- SPECTRUM LABS INC SRF CONSULTING GROUP INC SSPC ST CROIX RECREATION CO INC ST JOSEPH EQUIPMENT INC STANDARD SPRING STREICHERS SUBURBAN CHEVROLET GEO SUBURBAN TIRE & AUTO SERVICE I SUMMIT ENVIROSOLUTIONS SUN NEWSPAPERS SURVIVAL INK CORP SWEDLUNDS THERMOGAS COMPANY THOMPSON, MITCH TIERNEY BROS INC TKDA TOLL GAS AND WELDING SUPPLY TOTAL REGISTER TRACY/TRIPP FUELS TRAFFIC TECHNOLOGIES LLC TRANS ALARM INC TRUGREEN CHEMLAWN MTKA TWIN CITY OXYGEN CO TWIN CITY SEED CO TWIN CITY TIRE UNIFORMS UNLIMITED UNION LINE INC UNLIMITED SUPPLIES INC US FILTER/WATERPRO US OFFICE PRODUCTS US PREMISE NETWORKING SERVICES VALLEY PAVING INC VALLEY RICH CO INC VAN WATERS & ROGERS INC VERNCO MAINTENANCE INC VESSCO INC VIKING TROPHIES VWR SCIENTIFIC PRODUCTS W W GRAINGER INC W.E. NEAL SLATE CO. WAHLS ENTERPRISES WALMART STORES INC WARNING LIGHTS OF MINNESOTA WASCHE COMMERCIAL FINISHES WATER SPECIALITY OF MN INC WAYTEK INC WEATHER WATCH INC WESTACOTT, JOEL DESCRIPTION BLDG REPAIR & MAINT BUILDING SMALL TOOLS SMALL TOOLS REPAIR & MAINT SUPPLIES EMPLOYMENT ADVERTISING OTHER CONTRACTED SERVICES DESIGN & CONST DUES & SUBSCRIPTIONS REPAIR & MAINT SUPPLIES OTHER EQUIPMENT CONTRACTED REPAIR & MAINT NEW CAR EQUIPMENT CONTRACTED REPAIR & MAl NT TIRES OTHER CONTRACTED SERVICES EMPLOYMENT ADVERTISING OTHER EQUIPMENT WASTE DISPOSAL MOTOR FUELS OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES EQUIPMENT RENTAL CONTRACTED REPAIR & MAINT MOTOR FUELS SAFETY SUPPLIES OTHER CONTRACTED SERVICES GROUNDS MAINTENANCE REPAIR & MAINT SUPPLIES LANDSCAPE MTLS & AG SUPPL CONTRACTED REPAIR & MAINT CLOTHING & UNIFORMS CLOTHING & UNIFORMS REPAIR & MAINT SUPPLIES EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL FURNITURE & FIXTURES IMPROVEMENT CONTRACTS CHEMICALS CHEMICALS OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES CONTRACTED BLDG MAINT OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT BUILDING CHEMICALS OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES II 15-SEP-1999 (16 PROGRAM WATER TREATMENT PLANT FACILITIES-CITY CENTER REMODEL PARK MAINTENANCE EQUIPMENT MAINTENANCE WATER SYSTEM MAINTENANCE HUMAN RESOURCES ROUND LAKE TRAFFIC SIGNAL-MITCHELL RD WATER UTILITY-GENERAL MILLER PARK STORM DRAINAGE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE WATER TREATMENT PLANT HUMAN RESOURCES FIRE OUTDOOR CENTER-STARING LAKE ICE ARENA SOFTBALL STREET MAINTENANCE WATER UTILITY-GENERAL TASTE ON PRAIRIE PRAIRIE VILLAGE LIQUOR #1 WATER TREATMENT PLANT STORM DRAINAGE FACILITIES-CITY CENTER REMODEL FIRE STATION #2 WATER SYSTEM MAINTENANCE PARK MAINTENANCE EQUIPMENT MAINTENANCE POLICE FIRE WATER SYSTEM MAINTENANCE WATER METER REPAIR WATER TREATMENT PLANT FACILITIES-FUNITURE REPLACEMEN TRAFFIC SIGNAL-MITCHELL RD WATER TREATMENT PLANT WATER TREATMENT PLANT WATER TREATMENT PLANT WATER TREATMENT PLANT POOL SPECIAL EVENTS WATER TREATMENT PLANT EPCC MAINTENANCE FIRE STATION #1 PARK MAINTENANCE POLICE WATER SYSTEM MAINTENANCE FIRE STATION CONSTRUCTION POOL MAINTENANCE PARK MAINTENANCE SNOW & ICE CONTROL ARTS INITIATIVE COUNCIL CHECK REGISTER 15-SEP-1999 (16: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 79625 $488.86 WESTSIDE EQUIPMENT REPAIR & MAINT SUPPLIES EQUIPMENT MAINTENANCE 79626 $639.45 WM MUELLER AND SONS INC LANDSCAPE MTLS & AG SUPPL MILLER PARK 79627 $5,791.91 WORK CONNECTION, THE OTHER CONTRACTED SERVICES PARK MAINTENANCE 79628 $57.51 WORM, SANDY OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 79629 $397.64 YALE INCORPORATED CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 79630 $697.04 ZACKS INC LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 79631 $1,433.00 ZAHN, GERALD OTHER CONTRACTED SERVICES VOLLEYBALL 79632 $248.46 ZEP MANUFACTURING CO CLEANING SUPPLIES EQUIPMENT MAINTENANCE 79633 $368.12 ZIEGLER INC EQUIPMENT RENTAL TASTE ON PRAIRIE 79634 $152.00 ZOELLNER, MARK OTHER CONTRACTED SERVICES SOFTBALL $988,341. 98* /~ CITY COUNCIL AGENDA DATE: 09/21199 SECTION: Ordinances and Resolutions SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the Manager VIII. A. Chris Enger First Reading of Ordinance Amending City Code Chapter 2, Relating to Boards and Commissions Requested Action Move to: • Approve First Reading of the Ordinance Amending City Code Chapter 2 Relating to Boards and Commissions. Synopsis: The City Code is being amended to reflect the recent organizational changes to Boards and Commissions. Background: Attached Ordinance I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ADOPTING CITY CODE SECTIONS 2.23 AND 2.24; RENUMBERING AND AMENDING SECTIONS 2.11, 2.14, 2.17 AND 2.19; AND REPEALING SECTIONS 2.10,2.15,2.16,2.18,2.20 AND 2.21 RELATING TO BOARDS AND COMMISSIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.22 entitled, "Boards and Commissions" is adopted as follows: SECTION 2.22 BOARDS AND COMMISSIONS Subd. 1. Generally. Except as otherwise provided with respect to a Board or Commission, the provisions of this Section shall apply to all Boards and Commissions provided in this Chapter 2. Subd.2. Membership. Members shall be appointed by the Council who shall serve at the pleasure ofthe Council. Members shall be residents of the City. No member of the Council shall serve as a member. Subd.3. Terms of Appointment. The terms of members shall be for a period of three years each, provided however, in order to avoid the expiration of the terms of all members on the same date, the term of each member appointed may be established and stated at the time of the appointment so that an equal or approximately equal number of terms of members shall expire each year after the initial appointment of members and thereafter. Terms shall commence April 1 and shall continue for the terms appointed and until the member's successor has been appointed and qualified. The Council may, but need not, appoint a person for the unexpired portion of the term of a member whose membership has become vacant. No person may be appointed to more than two (2) full consecutive terms, except by unanimous vote of the Council. Subd. 4. Vacancies and Removal of Members. A. Vacancies: Membership shall become vacant upon the occurrence of any of the following: 1. Death. The death of a member. 2. Disability. A determination by the Council that the member's physical or mental disability renders the member incapable of service. 3. Resignation. The member's resignation in writing. 4. Absence. A member's absence from three consecutive meetings, unless excused by action of the Council. 5. Change in Residence. Termination of a Member's residence in the City. B. Removal from Office. A member may be removed: 1. Upon Petition of a Board or Commission. The Board or Commission, by a three fifths (3/S's) vote of its members, may petition to the Council to remove any member when, in its discretion, the best interests of the City would be served thereby. 2. By the Council. The Council, by a majority vote of all its members, shall have the authority, in its discretion, to remove any member. Subd. 5. The Council shall in March each year choose a chairperson and vice-chairperson to serve for a period of one year. With the exception of the first chairperson, a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson. The chairperson or in his/her absence, the vice-chairperson shall preside at all meetings of the Board or Commission of which such person is the chairperson or vice- chairperson. In the absence of a chairperson or vice-chairperson, members of a Board or Commission may appoint an acting chairperson to act during the absence. Subd. 6. Meetings. A. Regular Meetings: The Council shall establish from time to time a schedule of regular meetings. B. Special Meetings. Special meetings of a Board or Commission may be called by the chairperson or any three members ofthe Board or Commission by a writing filed with the City Clerk at least three days prior to the date ofthe meeting. The City Clerk shall thereupon notify each member of the Board or Commission and give such further notice as required by law. Subd. 7. Rules Governing Meetings. The Board or Commission shall be governed by Robert's Rules of Order, newly revised 1990 edition (9 th Edition), and the Minnesota open meeting law. Subd. 8. Compensation and Expenses. Members of the Board or Commission shall serve without compensation, but may be reimbursed for out of pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council or the City Manager before they were incurred. Section 2. City Code Section 2.23 entitled, "Citizen Advisory Commissions" is adopted as follows: SECTION 2.23 CITIZEN ADVISORY COMMISSIONS Subd. 1. Establishment: The following Citizen Advisory Commissions are hereby established: A. Human Rights and Diversity Citizen Advisory Commission B. Environmental Education Citizen Advisory Commission C. Arts and Culture Citizen Advisory Commission D. Parks and Recreation Citizen Advisory Commission S ubd. 2. Duties and Responsibilities. The Citizen Advisory Commissions shall provide the Leisure and Communication Planning Board, City Staff and Council, upon request by the Councilor City Manager or designee, with advice on a continuing, temporary or interim basis on such subjects and matters as requested. In addition, each Commission may act in an advisory capacity as provided hereafter: A. Human Rights and Diversity Citizen Advisory Commission. The Human Rights and Diversity Citizen Advisory Commission shall act in an advisory capacity on matters of diversity, civil and human rights, and the Americans with Disabilities Act ("ADA") which may include the following: 1. Enlisting the cooperation of agencies, organizations and individuals in the community to promote awareness and appreciation of diversity. 2. Reviewing and investigating alleged ADA violations reported to the City via the ADA Grievance procedures. 3. Working with community volunteers to promote the City's Manifesto and provide response and support to victims of incidents of bias. B. Environmental Education Citizen Advisory Commission. The Environmental Education Citizen Advisory Commission shall act in an advisory capacity on the management of natural resources and programs that promote environmental awareness and conservation of resources as supported by the general public which may include the following: 1. Enlisting the cooperation of organizations and individuals in the community to promote environmental awareness and conservation of resources consistent with the City's Strategic and Comprehensive Plans. 2. Providing input to City Staff in the development of programs and activities to promote community awareness of the importance of environmental stewardship. 3. Providing input to Staffin the development of educational programming for the Environmental Learning Center, ("ELC"). 4. Providing input to Staff on programs and activities to be included in the ELC budget. 5. Providing input to staff on the management of natural resources. C. Arts and Culture Citizen Advisory Commission. The Arts and Culture Citizen Advisory Commission shall act in an advisory capacity on matters pertaining to cultural, performance and visual art programs and activities supported by the general public which may include the following: 1. Enlisting the cooperation of organizations and individuals in the community to promote community awareness and support of performance and visual arts and cultural activities. 2. Promoting partnerships with art resources throughout the metropolitan area .. 3. Providing input to staff on the development of art programs and activities. 4. Providing input to staff on the development of programs that communicate and preserve the City's cultural heritage. D. Parks and Recreation Citizen Advisory Commission. The Parks and Recreation Citizen Advisory Commission shall act in an advisory capacity on matters ofleisure services, recreational programming and development and use of parks and recreation facilities supported by the general public which may include the following: 1. Enlisting the support of organizations and individuals in providing City parks and recreation facilities and activities. 2. Providing input to Staff in the promotion of awareness and use of recreation facilities and activities by community organizations and individuals. 3. Providing input to Staff on park plans including site development and facility modification andlor location. 5 4. Providing input to Staff on the prioritization of park projects for use in developing the City's capital improvement program. 5. Providing input to Staff on park and Recreation facility use. 6. Providing input to Staff on leisure programs and activities. Subd.3. Membership. Each Citizen Advisory Commission shall consist of not less than five and not more than seven (as established by the Council from time to time) members. Subd. 4. Officers. Each Commission shall in March each year choose a chairperson and vice- chairperson to serve for a period of one year. Subd. 5. Regular Meetings. Each Commission shall establish in March each year a schedule of regular meetings which shall not be less than quarterly nor more than twelve times each calendar year, one of which shall be held in March. Section 3. City Code Section 2.24 entitled "Leisure and Community Planning Board" is adopted as follows: SECTION 2.24 LEISURE AND COMMUNICATION PLANNING BOARD Subd.1. Establishment. The Leisure and Communication Planning Board ("Board") is hereby established. Subd. 2. Duties and Responsibilities. Board shall review and advise on City communications and leisure programs and activities in order to provide balanced programming reflective of changing demographics within available resources. The Board shall coordinate efforts of Citizen Advisory Commissions to ensure that all work is supportive and consistent with the City's Strategic Plan. In fulfilling its responsibilities the Board may: A. Coordinate efforts of Citizen Advisory Commissions in support of and consistent with the City's Strategic Plan. B. Promote the use of volunteers in support of City programs and services. C. Provide input to the Council and City Staff on the review and evaluation of City- sponsored leisure programs and activities. D. Provide input to the Council and City Staff on City-sponsored communications to provide for timely and open communication channels to City residents to build awareness and promote programs and services. E. Review and report on matters assigned by the Council. Subd.3. Membership. The Board shall consist of not less than seven (7) and not more than nine (9) (established by the Council from time to time) members. The members shall include one (but not more than one) member of each Citizen Advisory Commission. The other members shall have expertise in public safety, senior services, youth at risk, human services, education and public relations/communication. Section 4. City Code Section 2.14 is renumbered 2.25 entitled "Community Planning Board" and is amended as follows: SECTION 2.25 COMMUNITY PLANNING BOARD Subd. 1. Establishment. The Community Planning Board ("Board") is hereby established. Subd. 2. Duties and Responsibilities. The Community Planning Board shall have the following duties and responsibilities: A. It shall function as the City's Planning Commission and its Planning Agency which shall have all of the powers and perform all of the duties and responsibilities (of a Planning Commission and Planning Agency) as provided by law and the Code. With respect to its duties and responsibilities as a Planning Commission and Planning Agency, it shall be advisory to the Council except as other powers and duties are imposed on it by law. B. Review and recommend additions to or modifications of park, trail, and leisure uses of land. C. Perform other duties which the Council may assign to it. Subd.3. Membership. The Community Planning Board shall consist of not less than seven (7) and not more than nine (9) (as established by the Council from time to time) members. The members shall include one person (but not more than one and not the same person) who shall have experience in each of one ofthe following: heritage preservation, transportation, environment, housing or leisure services. The other members shall represent a spectrum of interests including architecture, land development, real estate, public safety, economic growth and landscape architecture. Section 5. City Code Section 2.11 is renumbered as Section 2.26 entitled, "Board of Adjustments and Appeals" and is amended as follows: SECTION 2.26 BOARD OF ADJUSTMENTS AND APPEALS Subd. 1. Establishment. The Board of Adjustments and Appeals ("Board") is hereby established. Subd. 2. Duties and Responsibilities. The Board shall hear and decide matters relating to 7 land use and subdivisions and other matters specified in this Section and as otherwise provided by the City Code. ("Zoning, Subdivisions and other Matters") and building and fire codes ("Building and Fire Codes"). A. Zoning, Subdivisions and Other Matters. The following duties and procedures shall apply to Zoning, Subdivisions and other Matters: 1. Duties. The Board shall (1) hear all appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement ofthe land use regulations (zoning) and subdivision provisions ofthe City Code and as otherwise provided by law, (2) hear requests for adjustments (variances) from the literal provisions ofthe City Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions, and may not in the case of zoning regulations, City Code Chapter 11, permit as a variance any use that is not permitted under City Code Chapter 11 for land in the district where the land is located, and may impose conditions on granting of a variance including performance bonds, letters of credit or cash escrows to ensure compliance and to protect adjacent properties. The Board shall also issue building moving permits pursuant to Chapter 10 of the City Code. The Director of Community Development shall have the responsibility to review and report on an appeal or petition on behalf of the Planning Commission in accordance with Minnesota Statutes. 2. Decision by the Board. Within sixty (60) days after the filing of a request for a variance or an appeal from an administrative order or determination, the Board shall set a date for hearing thereon and shall hear such persons as wish to be heard either in person or by agent or attorney. Notice of any such hearing shall be mailed not less than ten (10) days before the date of hearing to the person or persons who file the appeal or request and in the case of a request for a variance to each owner of property situated wholly or partly within five hundred (500) feet of the property to which the variance relates insofar as the names and addresses of such owners can be determined by the City Clerk-Treasurer from records available to the public. Within a reasonable time after a hearing, the Board shall make an order deciding the matter and serve a copy of such order upon the appellant or the petitioner by mail. The Board shall provide for a written record of its proceeding which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it including its final order. No decision of the Board shall be final until the later of the expiration of the fifteen (15) day period provided for in Subd. 2. A.3. or completion of review by or appeal to the Council 3. Review or Appeal. (1) The Council may elect to review any decision of the Board within fifteen (15) days after that decision has been made, or a decision may be appealed by the appellant or petitioner within fifteen (15) days by filing with the City Clerk-Treasurer an appeal to the Council from the decision ofthe Board. (2) The Council shall, at its next regular meeting after the filing of an appeal from a decision of the Board, set a date for hearing thereon which shall not be later than sixty (60) days after the meeting. Review shall be made upon the petition and all the files, documents and records of the proceedings in the matter. The City Clerk-Treasurer shall make a permanent record of the disposition of all appeals from or review of decisions of the Board. 4. Variance Time Limitation. Variances granted from the provisions of the City Code shall be used within one (1) year; and if not, the variance will be of no further force and effect. B. Building and Fire Codes. 1. Duties and Procedures. The following duties and procedures shall apply to the Building and Fire Codes: a. Building Code. The Board shall (a) hear and decide appeals of orders, decisions or determinations made relative to the application and interpretation ofthe State Building Code as adopted by the City, (b) conduct investigations and inquiry into matters brought before it, (c) make all decisions and findings in writing and give notice ofthem to the appellant with a duplicate copy to the City building official and to the State building inspector within fifteen (15) days ofthe decision, and (d) recommend to the Council such new legislation as is consistent therewith. b. Fire Code. The Board shall (a) hear and decide appeals of orders, decisions or determinations made relative to the application and interpretation of the Uniform Fire Code as adopted by the City, (b) conduct investigations and inquiry into matters brought before it, (c) make all decisions and findings in writing and give notice ofthem to the appellant with a duplicate copy to the Fire Marshal within fifteen (15) days of the decision, and (d) recommend to the Council such new legislation as may be consistent therewith. 2. Review by Council. The Council may elect to review and amend any decision of the Board relating to the building and fire codes within twenty-one (21) days following the decision. Subd. 3. Membership. The Board shall consist of seven (7) members. 9 Section 6. City Code Section 2.17 is renumbered Section 2.27 entitled "Flying Cloud Airport Advisory Commission" and amended as follows: SECTION 2.27 FLYING CLOUD AIRPORT ADVISORY COMMISSION Subd. 1. Establishment. The Flying Cloud Airport Advisory Commission ("Commission") is hereby established. Subd. 2. Duties and Responsibilities. The Commission shall have the following duties and responsibilities: A. Advise the Council and the Metropolitan Airports Commission with regard to all matters affecting the Flying Cloud Airport, the classification, rules and regulations supplied to the operation ofthat Airport and the development oflands adjacent to said Airport. B. Cooperate with the Metropolitan Airports Commission Staff in reviewing for the benefit of the Council matters affecting the use and control of the Flying Cloud Airport and shall make its recommendations to the Council and the Metropolitan Airports Commission upon request with regard to any proposal affecting the use or operation of Flying Cloud Airport. Subd. 3. Membership. The Commission shall consist of seven (7) members. One (1) member shall represent the Metropolitan Airports Commission and shall be appointed by the Chairman ofthe Metropolitan Airports Commission. Six (6) members shall be appointed by the Council who shall serve at the pleasure of the Council. Not less than two (2) members appointed by the Council shall represent the Flying Cloud Airport Businessman's Association and four (4) members appointed by the Council, at least three (3) of whom shall be residents of Eden Prairie, shall represent the community's interest. Subd. 4. Terms of Appointment. The terms of members ofthe Commission appointed by the Council shall be for a period of three (3) years each, provided however, in order to avoid the expiration of the terms of all members on the same date, the term of each member appointed may be established and stated at the time of the appointment so that an equal or approximately equal number of terms of members shall expire each year after the initial appointment of members and thereafter. Terms shall commence April 1 and shall continue for the terms appointed and until the member's successor has been appointed and qualified. The Council may, but need not, appoint a person for the unexpired portion of the term of a member whose membership has become vacant. Subd. 5. Vacancies and Removal of Members. A. Vacancies: Membership on the Commission shall become vacant upon the occurrence of any of the following: Ie) 1. Death. The death of a member. 2. Disability. A determination by the Council that a member has been rendered incapable of service because of a physical or mental disability. 3. Resignation. The member's resignation in writing. 4. Absence. The absence of a member appointed by the Council from three consecutive meetings unless excused by action ofthe Council. B. Removal from Office: 1. Upon Petition of the Commission. The Commission, by a 3/5's vote of its members, may petition to the Council to remove any member when, in its discretion, the best interests of the City would be served thereby. 2. By the Council. The Council, by a majority vote of all its members, shall have the authority, in its discretion, to remove any member of the Commission from office. Subd. 6. Officers. The Commission shall in March each year appoint a chairperson and vice- chairperson to serve for a period of one year. Subd.7. Meetings. A. Regular Meetings: The Commission shall establish from time to time a schedule of regular meetings. Section 7. City Code Section 2.19 is renumbered Section 2.28 entitled "Heritage Preservation Commission" and is amended as follows: SECTION 2.28 HERITAGE PRESERVATION COMMISSION. Subd.1. Establishment. The Heritage Preservation Commission {"Commission"} is hereby established. Subd. 2. Duties and Responsibilities. The Commission shall have the following duties and responsibilities; in addition to those specified in Section 11.05: A. The Commission shall conduct a continuing survey of all areas, places, buildings, structures, or objects in the City which the Commission, on the basis of information available or presented to it, has reason to believe are significant to the cultural, social, economic, political, or architectural history of the City. B. The Commission shall continually survey all areas to determine needed and desirable 1/ improvements of older buildings throughout the City, acting in a resource and advisory capacity to owners of historically significant sites regarding their preservation, restoration and rehabilitation. C. The Commission shall work for the continuing education of the citizens ofthe City with respect to the civic and architectural heritage of the City. It shall keep current a public register of designated and proposed Heritage Preservation sites and areas along with the plans and programs that pertain to them. D. The Commission may recommend to the Council the acceptance of contributions offered to the City and to assist the City staff in preparation of applications for grant funds to be made through the City for the purpose of Heritage Preservation. E. The Commission will on a continuing basis collect and review City planning and development records, documents, studies, models, maps, plans, and drawings to be passed on to the State Historical Society as a permanent record of City history and development. F. The Commission shall make no application to the National Register of Historic Places or to the State of Minnesota for the designation of a historic site or district without the consent of the Council. Subd. 3. Membership. The Commission shall consist of seven (7) members appointed by the Council. Members shall have a demonstrated interest and! or expertise in historic preservation; be residents of the City; and, if available, at least two (2) members shall be preservation- related professionals (including the professions of history, architecture, architectural history, archeology, planning, real estate, or law) and one (1) member shall be a representative ofthe county Historical Society. Section 8. City Code Sections 2.10, entitled "Boards and Commissions Generally," 2.15 entitled "Parks, Recreation and Natural Resources Commission," 2.16 entitled "Human Rights and Diversity Commission," 2.18 entitled "Arts Commission," 2.20 entitled "Environmental and Waste Management Commission," and Section 2.21 entitled "Housing, Transportation and Human Services Board" are repealed. Section 9. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 10. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the __ day of , 1999, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the __ day of , 1999. City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of ________ , 1999. EPIOrdinanclB&Cworkingcopy I 3 CITY COUNCIL AGENDA DATE: 09/21/99 SECTION: Reports of Advisory Boards and Commissions SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Jim Clark Appeal on a condition related to BOA action on X-A. Jean Johnson Variance 99-14 Requested Action Move to: Amend item (f) of the Board of Adjustments and Appeals Final Order as follows: (f) The variance approval for outside storage of vehicles continue as long as the site is used as a City related towing lot or until redevelopment of the area occurs. Items a-e of the BOA Final Order remain the same. Synopsis The Board, in keeping with other actions on non-conforming use variances, conditioned the approval of the impound lot for a five year time frame unless it continues as a City related impound lot or until redevelopment of the area occurs. This condition would not affect the new building and the site's use for office/industrial purposes if it were no longer used as a City impound lot. See the attached final order for all conditions. Staff met with Mr. Strodel and the action above is agreeable to Staff and Mr. Strodel. The BOA was made aware of the possible modification; no objections were stated. Background Information The Board recognized the need for an impound lot to be close and accessible to residents, however, this site is small and numerous variances are being requested, including shoreland variances. The entire industrial park is in need of upgrades, so to facilitate a time limit and accommodate future possible rehab, the Board did condition the variance. Attachments • August 24, 1999 letter from Matt Strodel • August 12, 1999 minutes and final order from Board of Adjustments and Appeals • 99-14 Staff Report I August 24, 1999 City of Eden Prairie c::ftt1att'1. c4uto .:SE:'tlJiCE, ffnc 6282 ilndu1.hiaL :D'l.ilJE. EdEn <JJ'l.ai'l.iE., c::ftt1cN 55346 Board of Adjustment and Appeals 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Variance Request No 99· 14 Petition of Matthew (Matt) Strodel 6282 Industrial Drive Eden Prairie, MN 55346 Dear Board Members, On August 12,1999, the Board of Adjustments and Appeals granted my variance request related to the construction of a new building on my property at 6282 Industrial Drive. The Board's Final Order includes six conditions. Condition 4 (f) states: That variance approval for the outside storage of impounded vehicles be for a 5 year period unless it continues as a City related impound lot or until redevelopment of the area occurs. Condition 4 (f) does not reflect the fact that for many years this site has been used for outside storage of vehicles and that this use has been "grandfathered" under the City's Zoning and Platting Code. My variance request did not seek any expansion in storage capacity. In my view, granting the variance should not limit the outside storage of vehicles to a· 5 year period or any other time period. And, as long as I continue to use the site in the current manner, that of outside storage of vehicles, it should be granted independent of the City contract. I understand and agree that should the property be sold or redevelopment takes place, review of the variances, at that time would be appropriate. I would like Condition 4 (f) to read: That variance approval for the outside storage of vehicles continue as is until the property is sold or redevelopment of the area occurs. Thank you for your consideration of this matter. Matt Strodel Matt's Auto Service, Inc. RE: Petition of ADDRESS: OTHER DESCRIPTION: V ARlANCE REQUEST: CITY OF EDEN PRAIRIE BOARD OF ADJUSTMENTS AND APPEALS FINAL ORDER Matthew Strodel 6282 Industrial Drive NA See Attached VARIANCE #99-14 The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes X N 0 ~. 2. There are circumstances unique to the property under consideration, and granting such variances does not violate the spirit and intent of the City's Zoning and Platting Code. 3. Variance Request #99-14 is herein Granted~, Denied_. 4. Conditions to the granting .-lL., denial_, of said variance are as follows: Based upon the J'lne 25. 1999 site plan with the following modifications: a) Require additional plantings indigenous to the creek bank along the bank b) Require additional plantings within the green area between the front property line and front parking c) Require a solid wood screening fence along the street frontage d) Construct a wood screening fence along industrial Drive to screen autos stored upon the lot across from 6282 Industrial Drive as agreed upon by the applicant. e) Require soil testing every five years. Test results are to be submitted to the City Engineering Environmental staff and MPCA f) That variance approval for the outside storage of impounded vehicles be for a 5 year period unless it continues as a City related impound lot or until redevelopment of the area occurs. Items a - d are subject to Plarming Staff approval prior to building permit issuance. 5. A copy of this order shall be forwarded to the applicant by the City Clerk. 6. This order shall be effective 08/12/99; however. this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period oftime is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 7. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD OF ADJUSTMENTS AND APPEALS N/A = Not Applicable BY~~rV DAT~ K;\COMMJ)EV'J30A·BOAR'.fINALORDIFORM.WPD 3 REQUEST #99-14 by Matt Strodel for 6282 Industrial Drive for approval of the following variances: • Expanding on a non-conformance use • Lot size less than 5 acres (lot size is .96 acres) • Building Front Yard Setback from 75' to 40' • Building Side yard Setback from 30' to 10' • Not meeting the landscape requirements • Storage in required setback It Front Yard parking setback from 75' to 0' (zero) • Side Yard parking setback from 15' to 0' (zero) • Reduction in the number of parking stalls from 15 to 12 • Shoreland lot size from 5 to .96 acres • Shoreland setback for structure from 150' to approximately 70' f) Shoreland parking setback from 50' to 40' • Crushed rock instead of bituminous surface for the vehicle storage area Minutes Board of Adjustments & Appeals August 12, 1999 Motion/Second: Ford/Ismail, to approve Variance #99-13 with the hardship being the shape of the lot and the way the house is currently situated on the lot and the only option the applicant has is to build to the south. Motion carried, 5-0. C. Request #99-14 by Mathias Strodel, 6282 Industrial Drive to expand on a non- conforming use; lot size less than 5 acres (lot size is .06 Acres); building front yard setback from 75' to 40'; building side yard setback from 30' to 10'; not meeting the landscape requirements; storage in required setback; front yard parking setback from 75' to 0' (zero); side yard parking setback from 15' to 0' (zero); reduction in the number of parking stalls from 15 to 12; shoreland lot size from 5 to .96 acres; shoreland setback for structure from 150' to approximately 70'; shoreland parking setback from 50' to 40'; crushed rock instead of bituminous surface for the vehicle storage area. Mr. Strodel stated that he does towing and storage for the cities of Eden Prairie and Minnetonka. He explained that his property in Minnetonka has been acquired by NSP necessitating the relocation of his office from that site. Mr. Strodel gave a brief description of the site and the history and process of impounding vehicles. When they originally developed this impound lot they did meet with the DNR and did do some soil testing. At that time there was no severe contamination to the soil caused by vehicle residue. The Planning Commission did ask that soil borings be completed now to determine if there is any contamination. They did do this testing and found minute contamination, all within EPA standards. Mr. Strodel said he is aware that they are requesting an unusually high number of variances. However, they do not intend to change the lot but plan to demolish the existing building and build a new building to be used as an office. The existing site is in an ideal location, close to the freeway. The existing building has no sewer or water and their goal is to improve the site. Mr. Strodel explained that they have agreed to put up a wooden fence in front of the building and to plant some trees in that area. Once this is accomplished the actual vehicles will not be visible from the street. Mr. Strodel said he is more than willing to upgrade this site. He indicated that he would like to construct this building and to continue operation at this location until the area is redeveloped. Mr. Ismail asked if the applicant uses the lot across the street and ifhe owns this lot. Mr. Strodel responded that he leases that lot on a year-to-year basis. Mr. Ismail asked if Mr. Strodel would continue to use this lot if this proposal is approved. Mr. Strodel said he does intend to. He has to be off of his property in Minnetonka by September 1. He does have a trailer that they are using as an office on the Hopkins lot. However, his clients would have to go to Hopkins first to complete their paperwork and then go to Eden Prairie to pick up their vehicles. It would be much more convenient to have an office located at the Eden Prairie site. Mr. Ismail said he is concerned about the appearance of the lot across the street. Mr. Strodel said he would not be opposed to constructing a fence in the front of that lot. 5 Minutes Board of Adjustments & Appeals August 12, 1999 Ms. Vasaly asked ifMr. Strodel has reviewed this plan with the DNR. Mr. Strodel said he has and they did come out and look at the site. Ms. Vasaly asked if the DNR recommended any soil testing on a regular basis. Mr. Strodel explained that they did not, however, he did just complete soil borings and they do meet MP A environmental limits. Ms. Nelson said she feels this site needs a lot of work to improve its appearance. Mr. Strodel explained that once the building is constructed and the plantings on the design are implemented, you would not see the stored vehicles from the front. Robert Hinck, 1820 Colfax Avenue South, architect for the project, reviewed the proposed landscaping for the front of the building. They will be providing additional planting along the front of the street. Ms. Nelson wanted to be assured that the upgrading of the front happens because the site as it looks today is unacceptable. Ms. Johnson presented the staff report explaining that a solid wood fence will screen the view of the vehicles from the street. Because of the different land uses, screening on the sides ofthe property are not as important. Staffhas requested more plantings on the creek side area. Ms. Johnson explained that this site is in the old industrial part of the City. Many of the lots are small and do not meet the Code requirements. There may be some upgrading taking place in another ten years. Ms. Johnson pointed out that the Board did receive the Planning Commission staff report and minutes. The Planning Commission did approve the project without any specific conditions. The options to be considered would include a modified plan or the applicant could utilize this site for office use and limited storage of vehicles and locate an additional storage lot elsewhere, or he could pursue acquiring property from the north and develop a site plan minimizing the variances requested. Ms. Vasaly referred to copies of letters to Mr. Strodel from Michael Franzen, City Planner. These letters included several suggestions of items that should be implemented to approve the plan. Ms. Vasaly asked what the status was of those suggestions. Ms. Johnson explained that most of those items have been worked out. Mr. Ismail asked the reason for the garage door and if this building would be used for storage. Mr. Strodel said the building would be used for repair of his trucks. Ms. Nelson asked if the applicant would have any problem with adding plantings to the existing line of the creek bed. Mr. Strodel said this would not be a problem. Following discussion, Ms. Nelson opened the public hearing. Having no one appear, Ms. Nelson closed the public hearing. Mr. O'Leary said the variances are being created because the applicant wants to tear down an unsightly building and replace it with a nicer looking facility. Additional shrubbery should be required along the south line and along the creek as well as 6 Minutes Board of Adjustments & Appeals August 12, 1999 additional screening on the lot across the street. This is a use that is needed in the City and this appears to be an acceptable location for this operation. Ms. Vasaly said after this evening's discussion, it seems to her the most appropriate action would be for the applicant to go with the modified plan proposed by staff. This plan would minimize the variances requested. Mr. Strodel said he has no problem with going 10 feet from the lot line on the north side, however, an additional setback towards the railroad tracks would be a problem. This would result in his losing 19 to 20 parking spaces, which he cannot afford to do. Ms. Vasaly asked if the applicant has considered constructing a smaller building. Mr. Strodel said he has but he needs the size proposed so he is able to get his trucks in for servicing. Mr. Strodel said he is also opposed to the variance being granted for a five-year period. He is investing a large sum of money into this project and he wants to be assured that he can operate his business for a period longer than five years. He said he was not opposed to rehab of the area. Mr. Ford said he couldn't support the variances. The reason for the variances is because the applicant wants to expand his building but at the same time does not want to meet the requirements because he needs all of the spaces for the vehicles. Mr. Ford said it appears to him that the hardship is because of economics. Given the number of variances and the fact that there are shoreland variances involved, Mr. Ford said in the past his stance has been against shoreland variances and he cannot support the variances being requested. Ms. Vasaly said she is still puzzled by the size of the building. She said she can understand the convenience for the people to go to the office where the vehicles are stored but she cannot understand why the building has to be the size proposed. Mr. Strodel explained that the building would be used for servicing his trucks. Ms. Vasaly asked why he could not have a small office at this site and a service area at another site. Mr. Strodel said he has looked into this and has approached 19 different facilities that want nothing to do with towing of vehicles. Mr. O'Leary said he disagrees that this is an economic issue. Right now there is an existing building at this site. The vehicles could be towed to this lot. Building this new building will require additional screening, soil testing and will result in less parking space than what now exist. By allowing this building to be constructed, the City has more control over the site and can clean the area up. The only reason for the variances is because the applicant is changing the old structure for a new structure and is not changing how the site is being used. Ms. Nelson recommended that they change the requirement that the variance be granted for five-years to the variance being granted for a five-year period unless the operation is continued as a City impound lot. Ms. Johnson pointed out that the five- year time limit is more of an application to the outside storage of vehicles and does not impact the building or site improvements. If the site is no longer used for impounding, 7 7 Minutes Board of Adjustments & Appeals August 12, 1999 the building could be used for office/industrial use and associated parking. Ms. Nelson said she clearly wants to see thicker screening along the existing screening. Mr. Ford asked ifit would be appropriate to require the applicant to have soil borings every five years. Mr. Strodel said he would not have a problem with this. Mr. Strodel noted that when and if the area is redeveloped, his impound lot would most liely be gone. Motion/Second: O'LearyNasaly, to approve Variance request #99-14 with the hardship being the existing size of the property and constraints on two sides of the property; the railroad property along the northwest side and a branch of Nine Mile Creek along the southwest side and because of the need for an impound lot as a City service and with the following conditions: 1. Require additional plantings indigenous to the creek bank, i.e. along the creek and within grass strip between the front property line and the front parking; 2. Require a screening fence along the street frontage per the applicant's drawing presented this evening; 3. Soil bore testing be done every five years and be submitted to the City Engineering Department and Environmental staff; 4. Wood fencing be constructed along the street frontage of the property located across the street from 6282 Industrial Drive; and 5. The variance be granted for a five-year period unless the applicant continues to operate as a City impound lot or until redevelopment of the area occurs .. Vote was called on the motion with all members present voting aye except Mr. Ford who voted nay. The motion carried, 4-1. 3 V ARlANCE: #99-14 MEETING DATE: August 12, 1999 APPLICAl'IT: Mathias Strodel LOCATION: __ ~6~2~8~2~In~d~u~st~ri~al~D~n~'v~e ________________________________ __ REQUEST: • Expanding on a non-conformance use • Lot size less than 5 acres (lot size is .96 acres) • Building Front Yard Setback from 75' to 40' • Building Side yard Setback from 30' to 10' • Not meeting the landscape requirements • Storage in required setback • Front Yard parking setback from 75' to 0' (zero) • Side Yard parking setback from 15' to 0 ' (zero) • Reduction in the number of parking stalls from 15 to 12 • Shoreland lot size from 5 to .96 acres • Shoreland setback for structure from 150' to approximately 70' • Shoreland parking setback from 50' to 40' • Crushed rock instead of bituminous surface for the vehicle storage area ZONING DISTRlCT: I-General Industrial District AREA CHARACTER: This area is one ofthe older industrial park areas of the City. The lots vary in size from 12 acre to 2+ acres. Code regulations, i.e., setback requirements, lot size, parking, landscaping, building materials, etc., are not met by most of the properties. Over time, the properties should be brought more up to code, or properties can be combined to create more fleXlbility in development. City Code purpose is to eventually have non-conforming uses/structures eliminated or altered to conform to regulations. BACKGROUND: Refer to: June 25, 1999 Planning Staff Report June 28, 1999 Planning Commission Minutes May 10, 1999 Memo from Lt. Bosacker 9 APPLICA1~T'S STATED HARDSHIP: Existing size of property, and constraints on 2 sides of the property: the railroad property along the northwest side, and a branch of Nine Mile Creek along the southwest side. :J OPTIONS: 1. Approve a modified plan that: (a) RequITes auto storage to be 10 feet from the west property line, 40 feet from the creek, and 45 feet of the front property line, (b) RequITe additional plantings indigenous to the creek bank, i.e. along the creek ! and within grass strip between the front property line and the front parking. C c) Require a screening fence along the street frontage. Cd) Variances be granted for a 5-year period. 2. Utilize tms site for office use and limited storage of vemcles and locate an additional storage lot elsewhere. 3. Pursue acqumng property from the north and develop a site plan minimizing the variances requested. ACTION: The Board may wish to choose from one ofthe following actions: 1. Approve Variance Request #99-14. 2. Approve Variance Request #99-14 with conditions. 3. Continue Variance Request #99-14 if additional information is needed. 4. Deny Variance Request #99-14. If the Board chooses to approve the variances, staff would recommend the following conditions: Item 1, a-d, under Options. BARB\sCOTTillOA\#99-14SR /0 , C'~IC.AG,O MILWAUf< , ST. PAUL ~ PACIFIC. RAILROAD ~LI'I!Df' " .. : .-.~: . -... ..; II CITY COUNCIL AGENDA SECTION: Reports of Advisory Boards & Commissions SERVICE AREA/DIVISION: Public Works Leslie Stovring Through Gene Dietz Requested Action: ITEM DESCRIPTION: Environmental & Waste Management Commissions -Unfinished Activities DATE: 9/21/99 ITEM NO.: x.B. Direct staff to prepare recommendations on work completion under new Board and Commission structure. Synopsis: The Environmental and Waste Management Commission has been working on a number of projects in 1999 in a variety of areas. Following is a summary ofthese activities. Background: The Environmental and Waste Management Commission has a number ofprojects which it is in the process of finalizing: • Comprehensive Wetland Protection & Management Plan and the Local Drainage Plan Update -due to be completed in OctoberlNovember 1999 • Native Plant Ordinance -Draft completed, undergoing staffreview and awaiting Council and staff input regarding individual issues within the ordinance. • Environmental Fair 2000 -Preliminary Planning Other Tasks • Local Water Management Plan Citizen Advisory Panel-due to start in November 1999, preliminary planning to be done by staff • Groundwater Protection Plan Citizen Advisory Panel -due to start in 2000 • Community Outreach / Educational Presentations ~ Future Articles or Educational Materials for the City's Web Page on Environmental Topics ~ Environmental Quality Award ~ Series of articles for the Sun Current ~ Video Production (next video proposed for 2000) ~ Coordination with the Watershed Districts -includes development of a "Green Award" for residents or businesses with exceptional quality native plant landscaping in I Environmental & Waste Management Commission September 15, 1999 Page 2 conjunction with the Riley-Purgatory-BluffCreek Watershed District • Environmental Learning Center -Staff working with School District and other organizations to expand offerings and attract more students (over 1,200 students visited in 1998/99) • Recycling and Solid Waste Collection ~ Spring Cleanup (June 2000) ~ Recycling Green Pages (Development to begin in 2000) ~ Recycling Classes (Spring 2000 for Elementary students or when requested) • Environmental Fair (Spring/Summer 2000) • Proposed Fertilizer Ordinance to include Residents in the no-phosphorus requirement. CITY COUNCIL AGENDA SECTION: Reports ofCouncilmembers SERVICE AREAlDIVISION: Administration Mayor Jean L. Harris Requested Action ITEM DESCRIPTION: Mayor's Proposal for Appointments for Transition Planning Board Hear Mayor's proposal for appointments for Transition Planning Board. DATE: September 21, 1999 ITEM NO.: XII. A. 1. CITY COUNCIL AGENDA DATE: SECTION: Reports of Councilmembers September 21, 1999 SERVICE ITEM DESCRIPTION: AREAJDIVISION: Selection of Name for "Leisure and ITEM NO.: Administration Communication Board" XII. A. 2. Mayor Jean L. Harris Requested Action Move to: Consider "Leisure and Communication Board" Optional Names: • Communications Board • Community Program Review Board • Community Program and Communications Board • Program Review Board CITY COUNCIL AGENDA DATE: SECTION: Reports ofCouncilmembers September 21, 1999 SERVICE ITEM DESCRIPTION: AREAJDIVISION: Sherry Butcher-Younghans' Report on ITEM NO.: City Council Eden Prairie Foundation XII. A. 3. Sherry Butcher-Y ounghans Requested Action Hear Councilmember Sherry Butcher-Younghans' Report on the Eden Prairie Foundation.