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HomeMy WebLinkAboutCity Council - 10/05/1999AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 5,1999 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 Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL I CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IV. MINUTES A. CITY COUNCIL WORKSHOP I FORUM HELD TUESDAY, SEPTEMBER 21, 1999 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21,1999 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LARIAT OFFICE BUILDING Request by Lariat Companies, Inc. 2nd Reading of 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 and Resolution for Site Plan Review) c. PHILLIPS & TEMRO INDUSTRIES, INC. Request by Phillips and Temro Industries, Inc. 2nd Reading of 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 for Site Plan Review) CITY COUNCIL AGENDA October 5, 1999 Page 2 D. CITY HILL FELLOWSHIP Request by City Hill Fellowship. 2nd Reading of 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. (Ordinance for PUD District Review and Zoning Amendment, and Resolution for Site Plan Review) E. SHADY OAK ESTATES Request by Bruce Nelson. 2nd Reading for Planned Unit Development Concept Review on 14.64 acres, Planned Unit Development District Review on 14.64 acres, Rezoning from Rural to R1-13.5 on 14.64 acres and Preliminary Plat of 14.64 acres into 9 lots and 2 outlots. Location: North of Old Shady Oak Road. (Ordinance for PUD District Review and Zoning Change) F. ADOPT RESOLUTION APPROVING FINAL PLAT OF DELEGARD ESTATES G. ADOPT RESOLUTION APPROVING FINAL PLAT OF PHILLIPS & TEMRO ADDITION H. ADOPT RESOLUTION APPROVING FINAL PLAT OF SHADY OAK ESTATES I. APPROVE 2ND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2, RELATING TO BOARDS AND COMMISSIONS J. AUTHORIZE EXECUTION OF PROJECT MANAGEMENT AGREEMENT FOR THE EDEN SHORES PROJECT K. ADOPT RESOLUTION AUTHORIZING EXECUTION OF DOCUMENTS FOR SALE OF PROPERTY TO 7711 MITCHELL PARTNERS L. ADOPT RESOLUTION AUTHORIZING SALE OF LAND TO MNDOT FOR TH212 M. APPROVE CHANGE ORDER NO.1 FOR WELL COLLECTOR LINE PROJECT. I.C. 98-5476 VI. PUBLIC HEARINGS I MEETINGS A. BROWN ADDITION by Pemtom Land Company Request for Planned Unit Development Concept Review on 23.87 acres, Planned Unit Development District Review with waivers 8.59 acres, Rezoning from Rural to R1-13.5 on 4.09 acres, Zoning District Amendment within the R1-13.5 Zoning District on 1.02 acres and the R1-9.5 Zoning District on .82 acres, Preliminary Plat on 23.87 acres into 13 lots and 2 outlots, and Musa Line addition of 1.65 acres. Location: East of Overland CITY COUNCIL AGENDA October 5, 1999 Page 3 Trail and Frontier Place; North of Flying Cloud Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, Resolution for Preliminary Plat, and Resolution for MUSA Addition) B. RESEARCH SECOND ADDITION by Starkey Laboratories. Request for Planned Unit Development Concept Amendment on 13.13 acres and Preliminary Plat on 13.13 acres into 2 lots. Location: Flying Cloud Drive and Crosstown Circle. (Resolution for PUD Concept Amendment and Resolution for Preliminary Plat) VII. PAYMENT OF CLAIMS VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS, REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS A. APPOINTMENT TO NEW PLANNING BOARD XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Set Special Meeting Date for Capital Improvement Plan Workshop of November 9,1999 from 5:00 -7:30 p.m. at City Center 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 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP TUESDAY, SEPTEMBER 21,1999 5:00-6:55 PM CITY CENTER TRAINING ROOM LOWER LEVEL CITY COUNCIL: 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 Dram, 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 Mayor Harris called the meeting to order at 5:30 p.m. II. APPROVAL OF AGENDA Case moved, seconded by Tyra-Lukens, approval of the agenda. Motion carried 5-0. III. TECHNOLOGY UPDATE A. OVERVIEW Enger stated this is the second technology workshop held to update the Council on the City's technology capability. B. HIGH-SPEED CONNECTIVITY Therkelsen presented information on KMC's contract with the City, whereby a portion of KMC's network is dedicated to the City. Council has recently approved contracts with KMC to provide long-distance telephone services. Phone bills are expected to drop 22 percent, saving the City $250,000 over a five-year period. KMC will connect the City Center, Water Plant and Community Center with a fiber-optic, high-speed cable network. Construction on this work is expected to begin immediately. / COUNCIL WORKSHOP MINUTES September 21, 1999 Page 2 2. Paragon Steve Nelson reported that Paragon Cable is currently upgrading subscribers to fiber optic cable. The benefits are a clearer signal, resulting in a better picture. Programs covering City activities has been moved from channel 34 to channel 16. High-speed internet service and video-conferencing capability will be introduced by the end of this year. C. CITY PROJECTS 1. Touch-Tone Registration Deb Nelson said the City will be starting touch-tone phone registration for the Park and Recreation Services' programs, with the exception of swimming and skating classes. Registrations can be made 24 hours a day, seven days a week. This is a convenience for the City and is expected to be a cost-saving measure also. It is scheduled to go on-line next March in time for spring registration. It will be tested internally before that time. 2. Public Safety Technology • Mobile Computer System Therkelsen displayed a new mobile computer system previously only used by the military. Over the next six months they will be installed in all squad cars. This system was built by Fieldworks in Eden Prairie. It will contain much more information than is now available to police officers. They will be able to write many of their reports in their cars, which will be transmitted electronically to the central file. The computer is very durable and capable of being upgraded without replacement; however, Enger said a replacement schedule should be considered, as well as leasing versus buying. • Records Management Therkelsen said the old system is being replaced with a new system by the end of the year. A Request for Proposal process was used to determine the best product, and it happened that the best service offered was also the least expensive. • Computer-Aided Dispatch When citizens call, requesting service, the computer-aided dispatch system will automatically process most of the information received. GPS will be added to all of these computers later. COUNCIL WORKSHOP MINUTES September 21, 1999 Page 3 3. edenprairie.org Steve Nelson said the popularity of the Web Site has grown since it was launched in January 1998. The Home Page is the most popular site, with City Hall and Employment being visited most often. In Phase II the City plans to add more information to the Web Site while maintaining quality. Interactivity between citizens and the City will be encouraged, in order to obtain information from citizens that can be sent out to others. More forms will be put on the Web Site for citizens to download or to send the form back through the Web Site. D. YEAR 2000 PREPAREDNESS Dram said he believes there will be no problems on January 1,2000. All systems have been tested. Clark said Public Safety has tested all systems, and is doing as much as possible to educate the public through the Web Site and community newspapers. Open houses are planned where his staff will talk to citizens to reassure them. Tabletop exercises have been scheduled to test the emergency plan and demonstrate how to handle any Y2K emergency. Clark said they will double the police staff from 10 p.m. through the night on December 31. At least one fire station will be active, with people on call. E. STAFFING Dram said staff is in the process of putting together a job description for an Information Services Manager to coordinate the City's information system technology. Therkelsen said a Radio Technician candidate has been identified and an offer will be made in the next few days. Between the City and School District there are over 1,000 radios to service. IV. OTHER BUSINESS V. COUNCIL FORUM -6:30-6:55 PM A. GERRY BECKMANN OF PROP, ON HUMAN SERVICES ISSUES Gerry Beckmann, Director of PROP, said she wished to address human service issues they see at PROP. The City government has always been pro-active regarding human services needs. Now, with the restructuring of Boards and Commissions, she said she is confused about the restructuring in relation to handling human service needs and asked if this will become the responsibility of an intergovernmental Board, Program Support, E.P. Familink Advisory Council or the City Staff. She inquired if the E.P. Familink Advisory Council should be 3 COUNCIL WORKSHOP MINUTES September 21, 1999 Page 4 able to allocate grant money for the City of Eden Prairie. She wondered if Hennepin County Public Health should be voting on how and where Eden Prairie money is spent. She questioned how many services Eden Prairie receives from Hennepin County Public Health, or if the City would be better served by linking up with Bloomington Public Health. Ms. Beckmann said she does not have the expertise to prepare a Needs Assessment, and asked when and how this issue can be brought to someone on City Staff She also questioned the way funding assistance for immigrants to Eden Prairie is handled. She asked the Council to clarify how it is going to address human service needs under the restructuring plan. Mayor Harris responded that City Council and Staff thought that the appropriate resource would be Familink, in terms of funding to deal with human service needs. The Familink Advisory Council needs to be clearly redefined and understood by those sending representatives to that council. Responsibility for human services is spread throughout the reorganization of the new Community Planning Board. The population of Eden Prairie is changing, and the City needs to address the problems and needs of immigrants to the community. Enger said SheRPA is the planning and research arm and Familink is the service provider. David Lindahl is the Staff representative for SheRPA. Mayor Harris asked Ms. Beckmann for a copy of her statement so it can be studied further, and thanked her for taking time to prepare it. VI. ADJOURNMENT Mayor Harris adjourned the meeting at 6:55 p.m. 'f UNAPPROVED MINUTES 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 Mayor Harris called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two items under XII. A. REPORTS OF COUNCILMEMBERS. Butcher- Younghans postponed her report under XII A. on the Eden Prairie Foundation. Enger removed Items V. E, G, and H under CONSENT CALENDAR. Enger added Item XII. D.l. Explanation of Purchase Agreement for Lincoln Parco MOTION: Case moved, seconded by Thorfinnson, to approve the agenda as published and amended. Motion carried 5-0. A. VIEWING OF CLIP FROM VIDEO, "COOL WATER" Mayor Harris said the "Cool Water" video was shot in Eden Prairie using local volunteers and City staff. The video focuses on storm-water runoff and non-point source pollution prevention in your yard. It is being shown on Paragon Cable during September, October and November, as well as at the Environmental Learning Center for viewing by students. Mayor Harris thanked Jeff Strate, who produced the video, for donating his time and the students for their participation. The Environmental and Waste Management Commission developed the idea of producing a video for use at the Environmental Learning Center that would focus on local issues and use local volunteers. A representative of the Environmental and Waste Management Commission introduced those in attendance who were in the video and officially presented the video to the Council and the City. I CITY COUNCIL MINUTES September 21, 1999 Page 2 IV. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 7, 1999 Case made a correction on page 7, which should read "Case said he is happy to see that the farm building on the site is there and will be preserved." Butcher- Younghans said the name of the proponent of the Lincoln Parc project, on page 9, is Jack Brandt. Case made a correction to the second sentence on page 12, which should read "Case agreed it wouldn't be necessary for John Gertz to take the photographs, but would still require his time to coordinate the effort." MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the City Council Meeting held Tuesday, September 7, 1999, as published and amended. Motion carried 4-0, with Mayor Harris abstaining, as she was not present at that meeting. B. CITY COUNCIL WORKSHOP / FORUM HELD TUESDAY, SEPTEMBER 7,1999 MOTION: Butcher-Younghans moved, Tyra-Lukens seconded, approval of the City Council WorkshoplForum held Tuesday, September 7, 1999, as published. Motion carried 4-0, with Mayor Harris abstaining, as she was not present at that meeting. 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 No. 25-99-PUD-19-99 for PUD District Review and Rezoning and Resolution No. 99-170 for Site Plan Review) c. ADOPT RESOLUTION NO. 99-171 APPROVING FINAL PLAT OF CROSSTOWN CIRCLE ADDITION D. ADOPT RESOLUTION NO. 99-172 AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM E. ADOPT RESOLUTION AMENDING RESOLUTION NO. 98-213 FOR REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES 2 CITY COUNCIL MINUTES September 21, 1999 Page 3 F. ADOPT RESOLUTION NO. 99-173 AUTHORIZING DISPOSAL OF TAX FORFEITED LAND. AUTHORIZE SUBMITTAL OF APPLICATION TO HENNEPIN COUNTY FOR GLENSHIRE 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 NO. 99-174 APPROVING NEW DATE. DECEMBER 13.1999. FOR THE TRUTH IN TAXATION RECONVENED PUBLIC HEARING MOTION: Thorfinnson moved, seconded by Case, to approve Items A-L on the Consent Calendar, with Items E, G and H deleted. Motion carried 5-0. VI. PUBLIC HEARINGS I MEETINGS VII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher-Y ounghans, Case, Thorfinnson, Tyra-Lukens, and Harris voting "aye." VIII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2 RELATING TO BOARDS AND COMMISSIONS Enger presented a draft of the ordinance amending the City Code to reflect the recent organizational changes to Boards and Commissions. This draft can be changed between the first and second reading of the ordinance. Because the structure of Boards and Commissions had not been reviewed in the last 25 years, Council directed that this be done. F or the past year a task force, including Councilmembers Thorfinnson and Butcher-Y ounghans, the City Manager and the Management Services Director, has been gathering information, reviewing the existing commission charter statements, and making recommendations to the Council for clarifying the roles and responsibilities of Boards and Commissions 3 CITY COUNCIL MINUTES September 21, 1999 Page 4 that would reinforce the public involvement process, recognize the value of the existing Commissions and Boards, provide for a balanced review of items coming before the City, and align the reports of these Boards and Commissions with Council's mission and values and strategic initiatives, as a part of the recently completed strategic planning process. This process began with community forums in November 1997 in which information was gathered from 100 residents selected from a cross-section of the community in the seven key subject areas, and out of this came community values that the Council used over a lengthy process to develop the vision and values of the Council and the Strategic Plan. The new structure was presented to all Board and Commission members last spring and the task force received input from them. Many commissioners felt they needed to see where their commission sat in the big picture and that there needed to be a coordinated effort and better communication between the commissions. The chart of the proposed organizational structure was shown. The City Council would have two main Boards reporting directly to it: a Community Planning Board and a Leisure and Communication Board. Under the Community Planning Board would be the Board of Adjustments and Appeals, the Board of Review and the Heritage Preservation Commission, all of which have statutory responsibilities. Under the Leisure and Communication Board will be four advisory commissions with program responsibilities: Human Rights and Diversity, Environmental Education, ArtICulture, and Parks and Recreation. Intergovernmental bodies that report to the City Council, including the Flying Cloud Airport Advisory Commission and the Southwest Metro Transit Commission, remain unchanged by the restructuring. Case requested that the Council review this reorganization a year from now at a Council Workshop to discuss with Commission chairs how it is working. Also, he doesn't want to limit access of advisory commissions to the Council. If a Commission wants to talk to the Council, there could be a special Workshop for discussion with that group. Regarding the Heritage Preservation Commission, he would like to make sure the HPC is continually involved in an advisory capacity in carrying out activities on their behalf, such as Sunbonnet Day. Mayor Harris said the Council would review the reorganization a year from now. Thorfinnson said having two Boards reporting directly to the Council allows those two Boards to meet with the Council, but does not preclude a group from coming before the Council. He believes it would be too time-consuming to meet with each Commission and Board once a year. Tyra-Lukens suggested that the phrase "upon request" be dropped from the paragraph on page 4, under Subdivision 2, Duties and Responsibilities. Enger said page 4, Subdivision 2, says, in effect, that the work of the commissions is to be directed by the City Council. Commissions are established for the purpose of giving advice to the Council when it asks for advice on certain items. CITY COUNCIL MINUTES September 21, 1999 Page 5 Work direction comes from the City Council. Commissions can appear at City Council meetings under "Reports of Advisory Boards and Commissions" and request permission to go ahead with an idea. The Council would then direct them when or whether to go ahead. Case said the primary responsibility of the Commission is to do work but also it represents the City on some occasions and brings feedback to the Council from the community. He wants to keep the lines of communication open. Mayor Harris added that another important function of the Leisure and Communication Board was the integration of the work of all committees and commissions to support the city's direction and strategies for the future. Tyra-Lukens said, in light of the Council Forum that night regarding the dissolution of the Housing, Transportation and Human Services Board, Council will have to give an explanation of how human service needs will be dealt with, on second reading of this ordinance. Mayor Harris directed Staff to prepare a memo on this matter. MOTION: Thorfinnson moved, Tyra-Lukens seconded, to approve First Reading of the Ordinance amending City Code Chapter 2 relating to Boards and Commissions. Motion carried 5-0. IX. PETITIONS, REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. APPEAL ON A CONDITION RELATED TO BOA ACTION ON VARIANCE NO. 99-14 FOR MATT'S AUTO Enger reported the Board of Adjustments and Appeals 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. As Matt Strobel objected to the five-year time frame, Staff recommended that Council make changes as requested, so that item (f) of the conditions would be amended to read: "The variance approval for outside storage of impounded vehicles continue as long as the site is used as a City related impound lot or until redevelopment occurs." Strobel said a time limitation was unacceptable to him. In addition, even if the City does not use it for storage of impounded vehicles, he would like to use the site for commercial towing until the area is redeveloped. Case believes the new wording is still confusing, as it still contains the words "City related impound lot" and offered the following. MOTION: Case moved, seconded by Tyra-Lukens, to amend item (f) of the Board of Adjustments and Appeals Final Order as follows: CITY COUNCIL MINUTES September 21, 1999 Page 6 (f) The variance approval for the outside storage of vehicles continue as is until the property is redeveloped. Discussion followed. After various options were considered, Case and Tyra-Lukens withdrew their motion. MOTION: Thorfinnson moved, seconded by Case, 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 towing and auto service business or until redevelopment of the property occurs. Motion carried 5-0. B. REPORT FROM ENVIRONMENTAL AND WASTE MANAGEMENT COMMISSION John Blankenship, Chair of the Environmental and Waste Management Commission, said the Commission has been working on a number of projects in 1999. The following are in the process of finalizing: • Comprehensive Wetland Protection and Management Plan, and the Local Drainage Plan Update -due to be completed in OctoberlNovember 1999 • Native Plant Ordinance -Draft completed, undergoing staff review, and awaiting Council and staff input regarding individual issues within the ordinance • Environmental Fair 2000 -Preliminary Planning The following are continuing 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 conjunction with the Riley-Purgatory-Bluff Creek 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) CITY COUNCIL MINUTES September 21, 1999 Page 7 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 Mayor Harris said she was very impressed with the amount of work the Commission has done over the past year, and every member deserves accolades for their service to the community. She received their report on the part of the Council and directed Staff to prepare recommendations on work completion under the new Board and Commission structure. XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Mayor's Proposal for Appointments for Transition Planninl: Board Mayor Harris, Staff and Council have been deeply involved in the realignment of Boards and Commissions and have sought input from community residents. They have incorporated residents' concerns and have developed guidelines for the transition. The realigning of Boards and Commissions should further enhance and support the efficiency of City services. In order to meet the Community Planning Board goal of providing for a "balanced review of development proposals and land use requests", it is proposed that the initial Community Planning Board representation be based on current members of the Planning Commission (4); Parks and Recreation Commission (2); Housing, Transportation and Human Services Board (2); and the Environmental and Waste Management Commission (1). This makes a total of 9 current members for the initial Board, which will provide for continuity during the transition, integrate current commissioners' knowledge to provide a "balanced review", take advantage of commissioners' experience, make changes more manageable, and provide for one orientation for all Board and Commission members in the spring of2000. Mayor Harris recommended the new Community Planning Board membership, and recommended making the appointments at the first City Council meeting in October. Thorfinnson inquired if those members whose terms expire in March 2000 would be asked to serve until March 31, 2000, and then ask those people to stand for reappointment. Mayor Harris replied that is correct. 7 CITY COUNCIL MINUTES September 21, 1999 Page 8 MOTION: Case moved, seconded by Butcher-Younghans, to accept Mayor Harris's recommendation for membership in the new Community Planning Board. Motion carried 5-0. 2. Selection of Proposed Name for "Leisure and Communication Board" It has been recommended that this proposed name be changed. The four options listed were: • Communications Board • Community Program Review Board • Community Program and Communications Board • Program Review Board Another option was suggested and considered: • Community Program Board MOTION: Thorfinnson moved, seconded by Case, to change the proposed name of the "Leisure and Communication Board" to "Community Program Board." Motion carried 5-0. 3. Workshop on Council Forum Case reminded Council that when the new Council Forum format was established, it was to be reviewed after six months. Case requested that time be designated at a future Council Workshop to revisit the usage of the Council Forum, how to improve it and how to increase opportunities for more feedback from residents. Mayor Harris asked Enger to schedule this discussion for a future Workshop. 4. Preservation of Historical Houses Case said the City owns three historical houses, all of which are badly in need of repair and restoration. Money has not been budgeted by the City for this work. He requested a plan be established to determine what repairs are needed by each house, together with an estimated cost, and then look at this information in context ofthe City's budget. Enger said Staff would return with a comprehensive maintenance plan for the three historical houses. Responsibility for these houses is now being transferred from Parks and Recreation Services to Community Development. B. REPORT OF CITY MANAGER c. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR CITY COUNCIL MINUTES September 21, 1999 Page 9 D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Explanation of Service A2reement with Lincoln Parc Development Uram explained that Hartford Financial Services was expected to close on the Lincoln Parc development on September 22. He requested approval of two 30-day extensions so Hartford can find the money necessary to close. Uram said Hartford would be charged $10,000 per month, which is approximately the amount of interest the City will be losing over this time period. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve an extension of two 30-day periods for closing on the Lincoln Park Development. Motion carried 5-0. 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. Mayor Harris 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 Tyra-Lukens, to adjourn the meeting. Mayor Harris adjourned the meeting at 8:35 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 5, 1999 SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Clerk's License Application List V.A. & Financial Services/ Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. CONTRACTOR Amcon Ardizzone Enterprises Inc BEl Exterior Maintenance Corp Clearwater Systems Green Mechanical Inc Heating & Cooling Two Inc Ingram Excavating Inc Kingdom Exteriors LTD Lan Construction LBP Mechanical Inc Parsons Hardware Progressive Building Systems R & S Heating & Air Conditioning Inc Riven Services Solid Surfact Industries Corp Springfield Heating & Plumbing St Marie Sheet Metal Inc United Operations Inc Verne V. Olson II Inc. October 5, 1999 - 1 - CITY COUNCIL AGENDA DATE: 10105/99 SECTION: Consent Agenda SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram V.B. Scott A. Kipp Lariat Office Building Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Amendment; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Lariat Office Building. Synopsis This is a 17,250 square foot office building located at 8205 Commonwealth Drive. Attachments 1. Ordinance for Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement / F:ICITYWIDElAdministrationlAgenda PreparationlCity Council Agenda Packet ItemslOctober 5, 19991Community DevelopmentlLariat cover sheet 10-05-99.doc LARIAT OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN A PARTICULAR WNING 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 hereo£ Section 2. That action was duly initiated proposing that the land be amended within the C-Reg-Ser Zoning District. Section 3. The proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the C-Reg-Ser Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. Section 6. publication. The land shall be developed in accordance with plans July 23, 1999. This Ordinance shall become effective from and after its passage and FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the i h of September, 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 5th day of October, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _____________ ' Exhibit A Lariat Office Building Legal Description: Lot 1, Block 3, THE PRESERVE COMMERCIAL PARK NORTH, Hennepin County, MN. LARIAT OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. _-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN A PARTICULAR ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows the amending of land located at 8205 Commonwealth Drive within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on"---_______ _ (A full copy of the text ofthis Ordinance is available from City Clerk.) LARIAT OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LARIAT OFFICE BUILDING BY LARIAT COMPANIES, INC. WHEREAS, Lariat Companies, Inc., has applied for Site Plan approval of Lariat Office Building on 2.28 acres for construction of a 17,250 square foot office building located at 8205 Commonwealth Drive, to be zoned within the C-Reg-Ser Zoning District on 2.28 acres by an Ordinance approved by the City Council on September 7, 1999; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 9, 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 September 7, 1999, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Lariat Companies, Inc. for the construction of a 17,250 square foot office building, based on plans dated July 23, 1999, between Lariat Companies, Inc., and the City of Eden Prairie. ADOPTED by the City Council on October 5, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 5 DEVELOPER'S AGREEMENT LARIAT OFFICE BUILDING THIS AGREEMENT is entered into as of October 5, 1999, by, Lariat Companies, Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Amendment within the C- Reg-Ser Zoning District on 2.28 acres and Site Plan Review on 2.28 acres, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration ofthe City adopting, Ordinance No. for Zoning District Amendment within the C-Reg-Ser Zoning District, and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated July 23, 1999, reviewed and approved by the City Council on September 7, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the tenus, covenants, agreements, and conditions set forth in Exhibit C. 3. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration pennit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site 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. 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. 4. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 5. PRETREATMENT PONDS: Prior to release of the land aheration permit for the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design information for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property, Developer shall provide to the City Engineer proof that the pond size has not diminished 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. 6. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. 7 These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation ofthe approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 7. TREE LOSS -TREE REPLACEMENT: There are 168 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 123 diameter inches. Tree replacement required are 119 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 119 caliper inches. This approved plan shall include replacement trees ofa 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan prior to building permit issuance. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation ofthe approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of ExhIbit C, attached hereto. 8 11. TRASH ENCLOSURE: Developer shall submit to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, and heavy-duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 12. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air- conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that City will not release the security provided until Developer completes all such corrective measures. 13. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 15. SIDEWALK CONSTRUCTION: Prior to issuance by City of any building permit for the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks to be constructed on the Property. Developer shall convey access easements for such sidewalks in such locations as determined by the Parks and Recreation Services Director prior to building permit issuance. Sidewalks shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along Regional Center Road and Commonwealth Drive as depicted in Exhibit B, attached hereto. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 16. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 17. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall develop and implement a Travel Demand Management Plan (TDM) at the site to help reduce traffic congestion within the area. The TDM Plan, at a minimum, will be consistent with the suggested plan outline and budget, which is attached as ExhIbit E. Prior to issuance of a building permit on the Property, Developer shall submit to the City Planner, and receive the City Planner's written approval of a completed TDM Plan. Prior to issuance of building permit, the Developer shall also provide to the City a Letter of Credit in the amount equal to the estimated cost of implementing the first two years of the TDM Plan. The Letter of Credit will be released to the Developer on a "draw-down" basis during the later of the first two years of building occupancy or first two years ofTDM Plan implementation, in the following manor: a) The Developer shall periodically submit to the City receipts of expenses associated with executing the TDM Plan. The City shall have 15 business days to review the receipts. If within this 15 day period the City does not provide the Developer with written notice that it objects to all or any portion of the expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may also submit a new or amended Letter of Credit in an amount equal to the previous total, less the total receipts submitted. Example: Original Letter of Credit (LOC) First Submittal of Receipts New/Amended LOC Amount = = = /0 $100,000 $ 15,000 $ 85,000 CITY COUNCIL AGENDA DATE: 10105199 SECTION: Consent Agenda SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Dram V.C. Krista Flemming Phillips & Temro Industries, Inc. Requested Action Move to: • Approve 2nd Reading ofthe Ordinance for Zoning District Amendment; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Phillips & Temro Industries, Inc. Synopsis This is an addition of 9,083 sq. ft. to the front of the building for offices and 29,336 sq. ft. of warehouse to the rear located at 9700 West 74th Street. Attachments 1. Ordinance for Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement I F:ICITYWIDElAdministrationlAgenda PreparationlCily Council Agenda Packet lIemslOctober 5, 19991Community DevelopmentlPhillips & Temro cover sheet 10-05-99.doc PHILLIPS & TEMRO, INDUSTRIES, INC. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Phillips & Temro Industries, Inc. Section 3. The proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the 1-2 Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 1999. Section 6. publication. The land shall be developed in accordance with plans dated August 23, This Ordinance shall become effective from and after its passage and FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the ih of September, 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 5th day of October, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on -------------------------- Project Name Legal Description: Exhibit A Lots 3 and 4, Block 1, Norseman Industrial Park 2nd Addition, and Outlot A, Norseman Industrial Park 3rd Addition, according to the recorded plats, Hennepin County, Minnesota 6 3 , PHILLIPS & TEMRO INDUSTRIES, INC. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PHILLIPS & TEMRO INDUSTRIES, INC. BY PHILLIPS & TEMRO INDUSTRIES, INC. WHEREAS, Phillips & Temro Industries, Inc., has applied for Site Plan approval of Phillips & Temro Industries, Inc., on 7.44 acres for construction of a 34,419 square foot industrial building located at 9700 West 74th Street, to be zoned in the 1-2 Zoning District on 7.44 acres by an Ordinance approved by the City Council on October 5, 1999; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 9, 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 September 7, 1999, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Phillips & Temro Industries, Inc., for the construction of a 38,419 square foot industrial building, based on plans dated August 23, 1999, between Phillips & Temro, Industries, Inc., and the City of Eden Prairie. ADOPTED by the City Council on October 5, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPER'S AGREEMENT PIDLLIPS & TEMRO INDUSTRIES ADDITION THIS AGREEMENT is entered into as of October 5, 1999, by Phillips and Temro Industries, Inc., a North Dakota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for a Zoning District Amendment within the 1-2 Zoning District on 7.44 acres; Site Plan Review on 7.44 acres and Preliminary Plat on 7.44 acres int01 lot, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Zoning District Amendment within the 1-2 Zoning District, Resolution No. for Site Plan Review, and Resolution No. 99-162 for Preliminaty Plat, Developer agrees to construct, develop and maintain the Property as follows: Standard Conditions: 1. PLANS: Developer agrees to develop the Property in confonnance with the materials revised and dated August 23, 1999, reviewed and approved by the City Council on September 7, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the tenns, covenants, agreements, and conditions set forth in Exhibit C. 3. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all 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 I Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifYing completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site 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. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 4. 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 shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 5. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on ExhIbit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 6. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air- conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any 2 occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that City will not release the security provided until Developer completes all such corrective measures. 7. PRETREATMENT PONDS: Prior to issuance of the land alteration permit on the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design information for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property, Developer shall provide to the City Engineer proof that the pond size has not diminished 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. 8. PROOF OF PARKING SPACES: Developer and City acknowledge that the 46 proof of parking spaces proposed for the Property, depicted in ExhIbit B, are designated for use by the Phillips & Temro Industries and that said spaces are not required to be constructed at this time. At such time as the City Manager, in his or her sole discretion, determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accorrnnodate Phillips & Temro Industries, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 9. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Deve1oper's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 10. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall develop and implement a Travel Demand Management Plan (TDM) at the site to help reduce traffic congestion within 3 7 the area generally referred to as the Golden Triangle Area, which is the area east of Highway 169, north ofInterstate 494, west of Highway 212. The TDM Plan, at a minimum, will be consistent with the suggested plan outline and budget, which is attached as ExhIbit E. Prior to issuance of a building permit on the Property, Developer shall submit to the City Planner and receive written approval of a completed TDM Plan. Prior to issuance of building permit, the Developer will also provide to the City a Letter of Credit in the amount equal to the estimated cost of implementing the first two years of the TDM Plan. The Letter of Credit will be released to the Developer on a "draw-down" basis during the later of the first two years of building occupancy or first two years of TDM Plan implementation, in the following manor: a) The Developer shall periodically submit to the City receipts of expenses associated with executing the TDM Plan. The City shall have 15 business days to review the receipts. If within this 15 day period the City does not provide the Developer with written notice that it objects to all or any portion ofthe expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may also submit a new or amended Letter of Credit in an amount equal to the previous total, less the total receipts submitted. Example: Original Letter of Credit (LaC) First Submittal of Receipts New/Amended LaC Amount 4 8 = = = $100,000 $ 15,000 $ 85,000 CITY COUNCIL AGENDA DATE: 10105/99 SECTION: Consent Agenda SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Krista Flemming City Hill Fellowship V.D. Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning Amendment; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for City Hill Fellowship. Synopsis This is an addition to the existing church structure of 15,164 square feet for offices, daycare, and reception space located at 12901 Roberts Drive. Attachments 1. Ordinance for PUD District Review and Zoning Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement / F:ICITYWIDE\AdministrationlAgenda PreparalionlCity Council Agenda Packet ItemslOctober 5, 19991Community DevelopmentlCity Hill Fellowship cover sheet 10-05-99.doc CITY HILL FELLOWSHIP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 27-99-PUD-21-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Public Zoning District 27-99-PUD-21-99 (hereinafter "PUD-21-99-Public:;). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 5, 1999, entered into between City Hill Fellowship Church and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions ofPUD-21-99-Public, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-21-99-Public is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-21-99-Public is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2l-99-Public are justified by the design of the development described therein. D. PUD-2l-99-Public is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Regional Commercial District and shall be included hereafter in the Planned Unit Development 2l-99-Public, and the legal descriptions of land in each district referred to in City Code Section 1l.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 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of September, 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 5th day of October, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on'--________ _ :3 City Hill Fellowship Legal Description: Exhibit A That part of the Southeast % of the Northeast % of Section 10 and ofthe Southwest % of the Northwest % of Section 11, all in Township 116, Range 22 described as follows: Beginning at the Southeast corner ofthe Southeast % ofthe Northeast % ofthe said Section 10; thence West along the South line of the Southeast % of the Northeast % of said Section 10, a distance of 290.5 feet; thence North parallel with the East line of said Section 10 to the Southerly line of County Road No. 66 as now laid out and traveled; thence in a general Southerly direction along the Southerly line of said County Road No. 66 to the intersection of the east line of the West 110 feet South along last mentioned line to the South line of said Southwest % of Northwest % of Section 11, thence West along the South line of the Southwest % of the Northwest % of said Section 11, to the point of beginning; and that part of the Southeast Quarter of the Northeast Quarter of Section 10 in Township 116, Range 22 described as follows: Beginning at a point in the South line of said Southeast Quarter of the Northeast Quarter 290.5 feet West ofthe Southeast corner thereof; thence West along the South line of the Southeast Quarter of the Northeast Quarter of said Section 10, a distance of 210 feet; thence North parallel with the East line of said Section 10 to the Southerly line of County Road No. 66 as now laid out and traveled; thence in a general Southerly direction along the Southerly line of said County Road No. 66 to its intersection with a line drawn from the point of beginning parallel with the East line of said Southeast Quarter of the Northeast Quarter; thence South to the point of beginning. 5 CITY HILL FELLOWSmp CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF mE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 12901 Roberts Drive within the Public 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 the ___________ ' (A full copy of the text of this Ordinance is available from City Clerk.) CITY HILL FELLOWSHIP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CITY HILL FELLOWSHIP BY CITY HILL FELLOWSHIP WHEREAS, Lariat Companies, Inc., has applied for Site Plan approval of City Hill Fellowship on 7.9 acres for construction of an addition of 15,164 square feet for the existing church located at 8205 Commonwealth Drive, to be zoned in the Public Zoning District on 7.9 acres by an Ordinance approved by the City Council on October 5, 1999; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 26, 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 September 7, 1999, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to City Hill Fellowship for the construction of a 15,164 square foot addition to the existing church, based on plans dated August 6, 1999, between City Hill Fellowship and the City of Eden Prairie. ADOPTED by the City Council on October 5, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPER'S AGREEMENT CITY HILL FELLOWSHIP ADDITION THIS AGREEMENT is entered into as of October 5, 1999, by City Hill Fellowship, a Minnesota Nonprofit Organization, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for a 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 1 lot, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No.99-163 for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment, Resolution No. for Site Plan Review, and Resolution No. 99-164 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: Standard Conditions: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated August 6, 1999, reviewed and approved by the City Council on September 7, 1999, and attached hereto as ExhIbit B, subject to such changes and modifications as provided herein. 2. EXIDBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 4. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The 1 '7 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 pennit for the Property, Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifYing completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading pennit, 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. 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. 5. 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 pennit for the Property, Developer agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 6. PRETREATMENT PONDS: Prior to issuance of the land alteration permit 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 2 prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property, Developer shall provide to the City Engineer proof that the pond size has not diminished 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. 7. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indernni.fY City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indernni.fY because of any inspection, review or approval by City. 3 CITY COUNCIL AGENDA DATE: 10/05/99 SECTION: Consent Agenda SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Dram V. E I Michael Franzen Shady Oak Estates Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning change; and • Approve the Developer's Agreement for Shady Oak Estates Background This is a nine lot single family subdivision. Attachments 1. Ordinance for PUD District Review and Zoning Change 2. Developer's Agreement F:ICITYWIDEIComm. DevlProjectslActive FileslShady Oak EstateslCC 2nd reading cover sheet to-05-99.doc I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 29-99-PUD-23-99 SHADY OAK ESTATES AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE WNING 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 Rural Zoning District and be placed in the Planned Unit Development Rl-13.5 Zoning District 29-99-PUD-23-99 (hereinafter "PUD-23-99-Rl-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 5, 1999, entered into between Bruce Nelson, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions ofPUD-23-99-Rl-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-23-99-Rl-13.5 is not in conflict with the goals of the Comprehensive Guide Plan ofthe City. B. PUD-23-99-Rl-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-23-99-Rl-13.5 are justified by the design of the development described therein. D. PUD-23-99-Rl-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the Planned Unit Development PUD-23-99-RI-13.5 and the legal descriptions ofland 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 I 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 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of September, 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 5th day of October, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ____________ _ 3 Exhibit A Shady Oak Estates Legal Description: Outlot B, Shody Oak Ridge 3rd Addition, according to the plat thereof on file or of record in the office of the Registrar of TItles in and for said County. Outlot A, Farber Addition, according to the plat thereof on file or of record in the office of the Registrar of TItles in and for said County. The South 50 feet of that part of the Northeast 1/4 of the Northeast 1/4 of Section 2. Township 116, Range 22 lying East of the West 456.08 feet thereof and West of County Rood No. 61 also known as Shady Oak Road. That port of the Southeast 1/4 of the Northeast 1/4 of Section 2, Township 116, Range 22. West of the Fifth ?rincipal Meridian. described as follows: Commencing at a point on the South line of said SE 1/4 of NE 1/4 distant 834.05 feet West of the Southeast comer thereof; thence North parallel with the East line of said SE 1/4 of NE 1/4. 403.5 feet to the actual point of beginning of the tract to be described; thence North parallel with the East line of r~aid SE 1/4 of NE 1/4. 899.01 feet, more or less. to the North line of said SE 1/4 of NE 1/4; thence West along the North line 506.08 feet. more or less, to the Northwest comer of said SE 1/4 of NE 1/4; thence South along the West line of said SE 1/4 of NE 1/4 of 896.1 feet. more or less. to a point on said line. 403.5 feet North of the Southwest comer of said SE 1/4 of NE 1/4; thence East 520.58 feet, more or less, I to the point of be<jjinr>i'19' EXCEPTING therefrom t.he two following described parcels: Parcel 1: That part of the Southeast 1/4 of the Northeast 1/4 of Section 2 -11 6-22 described as follows: Commencing at the Southwest comer of said SE 1/4 of NE 1/4; thence Easterly along the Southerly line thereof 530.54 feet. more or less, to the West line of the East 25 acres of said SE 1/4 of NE 1/4; thence Northerly along the West line of said East 25 acres, 403.00 feet; thence Westerly 441 feet. along a line that intersects the West line of said SE 1/4 of NE 1/4, 403.00 feet North of the Southwest comer of said SE 1/4 of NE 1.14 to the point of beginning of the parcel to be described; thence Northwesterly to a point on the West line of said SE 1/4 of NE 1/4 distant 635.35 feet North of the Southwest comer of said SE 1/4 of NE 1/4; thence Southerly along said West line to a point 403.00 feet North of the Southwest comer of said SE 1/4 of NE 1/4; thence Easterly to the point of beginning. Parcel 2: That part of the Southeast 1/4 of the Northeast 1/4 of Section 2-116-22, Hennepin County, Minnesota, lying Westerly of a line drawn parallel with the East line of said SE 1/4 of NE 1/4 from a point on the South line of said SE 1/4 of NE 1/4 distant 834.05 feet Westerly from the Southeast comer of said SE 1/4 of NE 1/4 described as follows: Commencing r:!t the point of intersection of said parallel line with the South line of said SE 1/4 of NE 1/4; thence on an assumed bearing of North 03 degrees 07 minutes 40 seconds West, along said parallel line. a distance of 482.95 feet to the point of beginning of the land to be described; thence continuing North 3 degrees 07 minutes 46 seconds West a distance of 290.00 feet; thence South 41 degrees 1 5 minutes 20 seconds West a distance of 72.00 feet; thence South 1 1 degrees 50 minutes 00 seconds East a distance of 128.95 feet; thence South 18 degrees 39 minutes 00 seconds East a distance of 115.29 feet, more or less to the point of beginning. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 29-99-PUD-23-99 SHADY OAK ESTATES AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE WNING 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 north of Old Shady Oak Road to Rl-13.5. 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.) DEVELOPER'S AGREEMENT SHADY OAK ESTATES THIS AGREEMENT is entered into as of October 5, 1999, by Shady Oak Developers, LLC., a Minnesota limited liability company hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to the City for a Panned Unit Development Concept review on 14.64 acres, Planned Unit Development District Review on 14.64 acres, rezoning from Rural to R1- 13.5 on 14.64 acres, and Preliminary Plat on 14.64 acres into nine lots and two outlots, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Ordinance No. ____ for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District change from Rural to Rl-13.5, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in confonnance with the materials revised and dated August 3, 1999, reviewed and approved by the City Council on August 17, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the constrUction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for streets, public sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certifY completion in conformance to approved plans and specifications and provide record drawings. Developer agrees to complete implementation of the approved street and utility plans prior to building permit issuance. 4. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING WETLANDS ON THE PROPERTY: Prior to the release of a final plat for any portion of the Property, Developer shall submit a Conservation Easement for review and written approval by the Director of Parks, Recreation and Natural Resources, for the area delineated on Exhibit B. Prior to the release of the final plat for any portion of the Property, Developer shall submit evidence to the Director of Parks, Recreation and Natural Resources, that the approved Conservation Easement bas been filed in the Hennepin County Recorder's/Registrar of Titles' Office. 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 of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide pre construction and post construction surveys for evaluation by City. 7 6. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notifY the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 7. TREE LOSS -TREE REPLACEMENT: There are 2,163 diameter inches of significant tr(fes on the Property. Tree loss related to development on the Property is calculated at 673 diameter inches. Tree replacement required are 276 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval ofa tree replacement plan for 276 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to the release of the grading permit, Developer shall furnish to the City Forester and receive the City Forester's approval of a landscape security equal in the amount of $27,600.00 to cover the cost of said tree replacement as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to building permit issuance. 8. SPECIAL ASSESSMENTS: Prior to the release of a final plat for any portion of the Property, the Developer agrees to sign an assessment agreement with the city for trunk sewer and water assessments for an assessable area of7.84 acres at the rate then in effect. 9. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to the release of a final plat for any portion of the Property, the Developer shall provide a cross access and maintenance agreement for all lots on the Property, the form of which must be approved by the City Engineer. This Agreement shall address joint vehicle access and maintenance in parking areas, driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. The Developer shall convey cross access to the purchaser of each lot in the subdivision. 10. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, 8 omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA: Public Works Engineering Randy Slick Requested Action ITEM DESCRIPTION: Final Plat Approval of Delegard Estates DATE: Oct. 5, 1999 ITEM NO: 'J)II f Move to: Adopt the resolution approving the final plat of Delegard Estates Synopsis This proposal is a replat of Outlot H of Hawthorne of Eden Prairie Addition, located east of Dell Road and south of Linwood Court. This plat consists of 3.65 acres to be divided into three lots to be developed into a commercial retail center. Background Information The preliminary plat was approved by the City Council June 1, 1993. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on July 30, 1993. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $386.90 • Receipt of street lighting fee in the amount of $1,326.26 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots, and road right-of-ways certified by surveyor Attachment Drawing of final plat RS:ssa I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF DELEGARD ESTATES WHEREAS, the plat of Delegard Estates 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 Delegard Estates is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 5, 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 October 5, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, Clerk ~ o ... --~ ...... , ............. -, .... • --.. ." ...-. u.. ..... 't~ • ....... '-...---'--' ......... .... __ 1 ............ ..... -.,.~~ ....... ",un It.MOCM _ ItCMI fM.IIo \ .p .p ....... -r-•• # ........ r- :-~.'-'. ':'.' : :--:~r'~~:"!~:. .... " .... ". '-_ I. ... '-_ I • r ... ,. ...... r..,.,.- ~r~c:/_\:~~:~:. , \ \ "\ C" ..... J '?\ ~ ULTEIG ENGINEERS. INC. \ \ , C.R. DOC. NO . DELEGARD ESTATES ••••• I -.-•• , .. r ... ,. .,..- :-i.'-\ '.n: : :-i~1~~:·!~: -,- .. ------~ io ~ ,~ ,~ ~ ---., ..... ~,~.:~,:F;-:-I , ... "\' ' _________' I $I I I.;"I\:' .. ;'''''~':--------------____ l 1"_ •• ---A-31-:,g',g--~ R_510.00 ~ : -----L_311 .92 I 4 - , , " -~ , BLOCK 1 -~ , ....... -.-........ r ..... ,,.- ..... " U" I ......... ,..\ .... • • • -. •• • • I ....... " .~. I _ 1f:'7"~. ~ ___ ("$!1Q00"" L" --,!" .. ~ -,'-.......... ~ >, "..f$f~/ .......... : ........ " \,' R_!IO·OO (., • 1>_"6'01'51" • , ".... L_,O\.34 .. ~ " .. ~.... ~ ,I •. Or I ;.~ I .., " • ,..--1-I ~ I V I ~ I I . ~ G~ II e, I I ~ ~~ r' I I~ I I "'-__ ~ I g I I ~ •. ,. I "--..-. - - --l-,\ l-.nrrv~ ..... _ ....... _, L~' '.nnn. r _ '-.... _--It ---·! -----, ~ '~ ''IJo-_ ~ r.; • __ ...... :. : ,w I _.... -_ ~~I-.n7V __ s' ~~ I = 2 ..-- - - - - -7 - - ---1, I!!i:! I \ " --;. NS9"27'13"E,' .: 7ii1 I /. '. 1311.05: • \ ",-:,'!I>'1. ~ - - - - --: -r - -.., I ",r.;. --:~.~ fP~ : .' I ~~ ","."t'lIi .• flo· ./ •• "" I, I ~~ \ .~(",~ ,:""-~..:.;-"",, : ~I ~i \ I I I \ 1 ~ ~ I 3 ~~ :!!~ iii N ....... ". .............. ,..- I .... :_'. ~-:. ~~: .'_'. ' .. :: ::: ('\) ...... ",\ -::;" '\ '~:,"", \ ;~~',;~~,: ~ \ I \ ,-.. '-' • -I '-I I 'I I. I 'I I I r .. r .... ,r .. ,,.- ~ .. ~~ .'-'.: ~~:::: . ....... , .,.-,,,, , \ I~ I I \ I II I \.. .. ---_1~91. ____ J' ~IL 218.35 I' r..,,.-.. ,...,r ..... -,-" ~! t: :-'. ~~~ .. :.'. : ~~ .----------------_...J J68.27 N88"2J"54"W . .. -t •• .. ,. ... r ... ,-... , ....... , :-'.t,'~,': : :~.n'! ~~~.::":::~;. 8IIIBT I OF • 8IIBB'r8 DATE: October 5, EDEN PRAIRIE CITY COUNCIL AGENDA 1999 SECTION: Consent Calendar ITEM NO: y, G. SERVICE AREA: ITEM DESCRIPTION: Public Works Final Plat Approval of Phillips & Temro Addition Engineering Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Phillips & Temro Addition Synopsis This proposal, located west of Washington Avenue and north of West 74th Street is a replat of Lots 3 and 4, Block 1, Norseman Industrial Park 2nd Addition and Outlot A, Norseman Industrial Park 3rd Addition. It consists of combining three parcels into one 7.44 acre parcel. This will then allow owner to expand the size of its office and warehouse space. Background Information The preliminary plat was approved by the City Council September 7, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on October 5, 1999 .. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $788.64 • Receipt of street lighting fee in the amount of $722.40 • The requirements as set forth in the Developer's Agreement Attachment Drawing of final plat RS:ssa I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PHILLIPS & TEMRO ADDITION WHEREAS, the plat of Phillips & Temro 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 TIlE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Phillips & Temro Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 5, 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. ADOYfED by the Eden Prairie City Council on October 5, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, Clerk ~ Ii ::t~. ~t·:· -'::b 1H ' I;: i~J '{,;4f" ',"' "~1t l'~l ""'1I lL'L. " '(\ .. ",.J",.;.., ~;. ',~ " , c, /' PHILLIPS & TEMRO ADDmON rc.R. Doc. NO. \ 1\1 ,I ., ., ... I'"~ .. ' " .. ~ "p •. :.\ p ,':'. ~~ ~. l": t,1 '..: ~) :-" .. o N ,':\ D D , ". ,. ..... :e: ::i\:n':,::\'."~' """1< , _m • H'''' "" ,; .::':ti ,1; WS_£+I@l!.J!iiii '.nn""'N I I --------.. .., 1\ _---' -11-<0 L.. I ' \ \ 1 1\ \ I ." \ i~: " ' \" '.:\ I ' ~.. ' \'1\ .. , I ,. I ,', ", ." ." :l: :c. '.:' I .'. ", .. ' \ I 11111 \ 'i' \:\ '.' I .~. ' I , .', . , ~; \ I .;t, \II ',' \ iii .,. ... " II. ,,, \ ' " l' I •. " . ., .. I c. l' ., , \ :" .' I .. . . " I .;.,'" ' ' L.oo -: ' ' I, • '.,. ",.' lOT \ I' .. 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COIIlY MU'IIIID .. ~~==-,~ ............................ - EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA: Public Works Engineering Randy Slick Requested Action ITEM DESCRIPTION: Final Plat Approval of Shady Oak Estates DATE: October 5, 1999 ITEM NO: V, H, Move to: Adopt the resolution approving the final plat of Shady Oak Estates Synopsis This proposal is a replat of Outlot B, Shady Oak 3rd Addition and is located north of Cherokee Trail West and west of Old Shady Oak Road. The plat consists of 14.64 acres to be divided into nine single family lots and two outlots. Background Infonnation The preliminary plat was approved by the City Council August 17, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on October 5, 1999. Approval of the fmal plat is subject to the following conditions: • Receipt of engineering fee in the amount of $387.00 • Receipt of street lighting fee in the amount of $2,336.40 • Receipt of street sign fee in the amount of $583.75 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots, and road right-of-ways certified by surveyor • Prior to release of final plat, Developer shall submit a conservation easement for review and approval by the Director of Parks, Recreation and Natural Resources. • Prior to release of final plat, Developer shall provide a cross-access and maintenance agreement that addresses vehicle access and maintenance in parking areas, driveways and storm sewer, all which will be privately owned and maintained. • Revision of plat to include drainage and utility easements over all public utilities. • Revision of plat to include drainage and utility easements over all of Outlot B • Revision of plat to include the termination of the drainage and utility easement on Lot 3, Block 1 at sanitary sewer manhole four Attachment Drawing of fmal plat I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SHADY OAK ESTATES WHEREAS, the plat of Shady Oak: Estates 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 Shady Oak: Estates is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 5, 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 October 5, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, Clerk ~ I ,..-:/' " " SHADY OAK ESTATES " S88'40'44"W 743.33 "'-. ---. -'.- ~. ~ ---mol!--- "- \ ~~.?i '(: 7 _1_----_../ /"' S88" 40' 44"W 314.75 . .--' - C.R.DOC. NO. Rr DOC. NO. ;I: 8~ ~f \ 0 """-. ,Z '\ ..... -"-IMDr fNllDt h~ ..... \ -..... 33.00 I \ '~" N~40'44"E ;I: ",lo ~~ ~~ ~ / 233.41 " 15.79 N88"40'44"E 'I-;;~:?N01'3f'f6"W 4' .... :~~~.\K "00 ~'l> if~" .. .,. 10. 150 Scale in Feet • -[).anat". 1/Z-·jnch It 14--;ncl'l "ri In;m pipe m,,~ by UcenMl 17006. alDrlnlJll ,tto;m ani b~'; ~n I;IIIsum.d datum. Drainage and utgrly EQf.mllnt, ore ,hownthus; 1--. 1° .---11+-1· .l ___ ~IL_.l_ NO SC\lE e"ng lOfIHlt In width and odlolnJII~ rlght-of-wCO' Ina Ilnte'll otherwise IndIcotec!, end befng !I t'eIIt In .. rdtt\ and cdjolnlllQ Ibt (lnes, unlesl otherwIse LTIdlc:Dted 01\ the pIaL SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES SHEET 2 OF 3 SHEETS \'\) ; SHADY OAK ESTATES ~ ~- MATCH LINE /'..--(SEE SHEET.:foF-3SHE'ETS)---..., ./ . '-'\1)" ,/" " .27.. t-....... " l~s~~.<,-,-" 3"',\ ... I tJ \ ~~\ <P, I '" \ I \ I "or .... J':') .. ~~~ ", /' ,,~ .:1:14,. , f I , , It ~ /: , , ',' 442.50 N89"OS'09'"E , , " " '" * !O :so 100 lrao ___ t ... , '\ \ \ / Scale in Feet / / ~tt.~ -,,'\-',,:" ~'\­ .;!-7 \ _--.. ----r Q ~ '< I I / I 227,64 \ I lit ~~ mO ""ll-> ~ C.R. DOC.-NO. R.T. DOC. NO. • -o.not.. 1/2-lnch )( l-4-frreh •• t frt/l"l pip. "'(1<11 • ., b1 Ucen .. 1700fJ. lhllufn,. IIhown "".. ba .. d on Q"lIm.~ dQtum. Oralnag_ end Uti~ty ~nt:a D", sho"," t1Iu.: ---+1 1 ---1° 5----1 t-1° J. ___ J L_.l._ NO SCAlf B9il\<i 10 rMt .1 .,ldth QIld adjoining rlQht-of-way n,.. IInNU ott\lntls. indl<;ated, and boling 5 eet In .Idth and adJolnlnQl let lillo, un .... otnllnrln fndlc:otad on th~, plot. SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES SHEET 3 Of 3 SHEETS ::}. CITY COUNCIL AGENDA DATE: 10105/99 SECTION: Consent Calendar SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Management Services Approve Ordinance Amending City Code Relating V.1. to Boards and Commissions Requested Action Move to: Approve 2nd Reading of an Ordinance amending City Code Chapter 2, relating to Boards and Commissions. Synopsis: The City Council received a report from the Boards and Commissions Project task force at their workshop on August 17, 1999, where they had general discussion and gave first reading at the City Council meeting on September 21, 1999. The issue of Human Services has been researched by the task force. The Council also changed the name of the Leisure and Communication Board to the Community Program Board. Attachments: 1. Ordinance amending City Code Chapter 2, relating to Boards and Commissions. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 33-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ADOPTING CITY CODES SECTIONS 2.22 AND 2.23; 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, WIDCH 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, "Citizen Advisory Commission" is adopted as follows: SECTION 2.22 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 Subd. 2. Duties and Responsibilities. The Citizen Advisory Commissions shall provide the Community Program 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 m 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 Staff in 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 of leisure 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 and/or location. 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 appointed by the Council, who shall serve at the pleasure of the Council. Members of each Commission shall be residents ofthe City. No member of the Council shall serve as a member of a Commission. 2 Subd. 4. Terms of Appointment. The terms of members of each Commission 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.5. Vacancies and Removal of Members. E. Vacancies: Membership on a Commission 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 of a Commission may be removed: 1. Upon Petition of a Commission. The 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 of a Commission. Subd. 6. Officers. Each Commission 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 a 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 Commission of which such person is the chairperson or vice-chairperson. In the absence of a chairperson or vice-chairperson, members of a Commission may appoint an acting chairperson to act during the absence. Subd. 7. Meetings. A. 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. 3 B. Special Meetings. Special meetings of a Commission may be called by the chairperson or any three members of a Commission by a writing filed with the City Clerk at least three days prior to the date of the meeting. The City Clerk shall thereupon notify each member of the Commission and give such further notice as required by law. Subd.8. Rules Governing Meetings. Each Commission shall be governed by Robert's Rules of Order, newly revised 1990 edition (9 th Edition), and the Minnesota open meeting law. Subd. 9. Compensation and Expenses. Members 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 Councilor the City Manager before they have been incurred. Section 2. City Code Section 2.23 entitled "Community Program Board" is adopted as follows: SECTION 2.23 COMMUNITY PROGRAM BOARD SUbd. 1. Establishment. The Community Program Board ("Board") is hereby established. Subd. 2. Duties and Responsibilities. The Community Program 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: appointed by the Council who shall serve at the pleasure of the Council. 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. No member of the council shall serve as a member of the Board. Subd.4. Terms of Appointment. The terms of members ofthe Board 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 4 may, but need not, also 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. 5. Vacancies and Removal of Members. A. Vacancies: Membership on the Board shall become vacant upon the occurrence of any of the following: 1. Death. The death ofa 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 of the Board may be removed: 1. Upon Petition of the Board. The Board, 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 Board from office. Subd. 6. Officers. The Council shall in March each year appoint a chairperson and vice-chairperson to serve for a period of one year. With the exception ofthe first chairperson, a chairperson must have served one year on the Board before becoming eligible for appointment as a chairperson. The chairperson or in hislher absence, the vice-chairperson shall preside at all meetings of the Board. In the absence of a chairperson or vice-chairperson, members of a Board may appoint an acting chairperson to act during the absence. Subd. 7. Meetings. A. Regular Meetings: The Council shall establish from time to time a schedule of regular meetings. B. Special Meetings. Special meetings of the Board may be called by the chairperson or any three members of the Board 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 and give such further notice as required by law. Subd.8. Rules Governing Meetings. The Board shall be governed by Robert's Rules of Order, newly revised 1990 edition (9 th Edition), and the Minnesota open meeting law. 5 Subd.9. Compensation and Expenses. Members of the Board 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 Councilor the City Manager before they were incurred. Section 3. City Code Section 2.14 is renumbered 2.24 entitled "Community Planning Board" and is amended as follows: SECTION 2.24 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 appointed by the Council who shall serve at the pleasure of the Council. The members shall include one person (but not more than one and not the same person) who shall have experience in each of one of the 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. No member of the Council shall serve as a member of the Board. Subd.4. Terms of Appointment. The terms of members of the Board 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. 5. Vacancies and Removal of Members. A. Vacancies: Membership on the Board shall become vacant upon the occurrence of any of the following: 1. Death. The death of a member. 6 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: 1. Upon Petition of the Board. The Board, 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 Board from office. Subd. 6. Officers. The Council shall in March each year appoint 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 before becoming eligible for appointment as a chairperson. The chairperson or in hislher absence, the vice-chairperson shall preside at all meetings of the Board. In the absence of a chairperson or vice-chairperson, members of the Board may appoint an acting chairperson to act during the absence. Subd. 7. Meetings. A. Regular Meetings: The Council shall establish from time to time a schedule of regular meetings. B. Special Meetings. Special meetings of the Board may be called by the chairperson or any three members of the Board by a writing filed with the City Clerk at least three days prior to the date of the meeting. The City Clerk shall thereupon notify each member of the Board and give such further notice as required by law. Subd.8. Rules Governing Meetings. The Board shall be governed by Robert's Rules of Order, newly revised 1990 edition (9 th Edition), and the Minnesota open meeting law. Subd.9. Compensation and Expenses. Members of the Board 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 Councilor the City Manager before they were incurred. Section 4. City Code Section 2.11 is renumbered as Section 2.25 entitled "Board of Adjustments and Appeals" and is amended as follows: SECTION 2.25 BOARD OF ADJUSTMENTS AND APPEALS Subd. 1. Establishment. The Board of Adjustments and Appeals ("Board") is hereby established. 7 Subd. 2. Duties and Responsibilities. The Board shall hear and decide matters relating to 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 of the land use regulations (zoning) and subdivision provisions of the City Code and as otherwise provided by law, (2) hear requests for adjustments (variances) from the literal provisions of the 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 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 fmal order. No decision of the Board shall be final until the later of the expiration ofthe fifteen (15) day period provided for in Subd. 2. C. 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 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 8 records of the proceedings in the matter. The City Clerk 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. A-2 Special Procedures applicable to Requests for Variances Related to Zoning. In cases of a request for a variance related to zoning, the following procedures and rules to the extent they may be inconsistent with City Code Section 2.26 Subd. 2 A, 2. and 3. shall apply: 1. The Board shall approve or deny the request within sixty (60) days ("60-day period") of the filing by the requester ofa complete application with the City. If the request is denied by the Board, it shall state in writing the reasons for the denial at the time it denies the request. The decision of the Board shall become final upon the earlier of a) 15 days after the decision or b) the end of the 60-day period. 2. Upon the earlier of a) 15 days after the decision of the Board orb) the end of the 60- day period, the Council may elect to review the decision of the Board. If the Council elects to review the decision of the Board, the review by the Council shall be completed within the 60-day period. If the Council denies the variance, it shall state in writing the reasons for the denial at the time it denies the request. 3. The requester may appeal a decision of the Board to the Council within fifteen (15) days after the decision by the Board. The Council shall complete its review of an appeal of a decision of the Board and approve or deny the variance within 60 days of the filing of the appeal with the City. ("60-day decision period") If the Council denies the variance it shall state in writing the reasons for the denial at the time of the denial. 4. The 60-day period and the 60-day decision period may be extended before the end of the period by providing written notice of the extension to the requester. The notification must state the reasons for the extension and its anticipated length which may not exceed sixty (60) days unless approved by the requester. The 60-day period and the 60-day decision period may also be extended as provided by Minn. Stat. § 15.99. 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 of them to the appellant with a duplicate copy to the City building official and to the State building inspector within fifteen (15) days of the decision, and (d) recommend to the Council such new legislation as is consistent therewith. 9 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 of them to the appellant with a duplicate copy to the Fire Marshal within fifteen (15) days ofthe 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 appointed by the Council who shall serve at the pleasure of the Council. No member of the Council shall serve as a member of the Board. Subd. 4. Terms of Appointment. The terms of members of the Board 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 ofthe 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. 5. Vacancies and Removal of Members. A. Vacancies: Membership on the Board 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: 1. Upon Petition ofthe Board. The Board, 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 Board from office. 10 Subd. 6. Officers. The Council shall in March each year appoint 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 before becoming eligible for appointment as a chairperson. The chairperson or in hislher absence, the vice-chairperson shall preside at all meetings of the Board. In the absence of a chairperson or vice-chairperson, members of the Board may appoint an acting chairperson to act during the absence. Subd.7. Meetings. A. Regular Meetings: The Council shall establish from time to time a schedule of regular meetings. B. Special Meetings. Special meetings of the Board may be called by the chairperson or any three members of the Board by a writing filed with the City Clerk at least three days prior to the date of the meeting. The City Clerk shall thereupon notify each member of the Board and give such further notice as required by law. SUbd.8. Rules Governing Meetings. The Board shall be governed by Robert's Rules of Order, newly revised 1990 edition (9th Edition), and the Minnesota open meeting law. Subd. 9. Compensation and Expenses. Members of the Board 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 Councilor the City Manager before they were incurred. Section 5. City Code Section 2.17 is renumbered Section 2.25 entitled "Flying Cloud Airport Advisory Commission" and amended as follows: SECTION 2.25 FLYING CLOUD AIRPORT ADVISORY COMMISSION Subd. 1. Establishment. The Flying Cloud Airport Advisory Commission ("Commission") is hereby established. Subd.2. Duties and Responsibilities. The Flying Cloud Airport Advisory Commission shall have the following duties and responsibilities: A. The Commission shall 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 of that Airport and the development of lands adjacent to said Airport. B. The Commission shall 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 Chairmen of the 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 11 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. No member of the Council shall serve as a member of the Commission. SUbd. 4. Terms of Appointment. The terms of members of the Commission appointed by the Council shall be for a peri~d 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. No person may be appointed to more than two (2) full consecutive terms, except by unanimous vote of the Council. Subd. 5. Vacancies and Removal of Members. A. Vacancies: Membership on the Commission 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 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 of the Council. B. Removal from Office: 1. Upon Petition ofthe 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. With the exception of the first chairperson, a chairperson must have served one year on the Commission before becoming eligible for appointment as a chairperson. The chairperson or in hislher absence, the vice-chairperson shall preside at all meetings of the Commission. In the absence of a chairperson or vice-chairperson, members of the Commission may appoint an acting chairperson to act during the absence. Subd.7. Meetings. A. Regular Meetings: The Commission shall establish from time to time a schedule of regular meetings. 12 B. Special Meetings. Special meetings of the Commission may be called by the chairperson or any three members of the Commission by a writing filed with the City Clerk at least three days prior to the date of the meeting. The City Clerk shall thereupon notify each member of the Commission and give such further notice as required by law. Subd.8. Rules Governing Meetings. The Commission shall be governed by Robert's Rules of Order, newly revised 1990 edition (9th Edition), and the Minnesota open meeting law. Subd. 9. Compensation and Expenses. Members of the 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 Councilor the City Manager before they were incurred. Section 6. City Code Section 2.19 is renumbered Section 2.26 entitled "Heritage Preservation Commission" and is amended as follows: SECTION 2.26 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: 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 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 of the 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. 13 Subd. 3. Membership. The Commission shall consist of seven (7) members appointed by the Council who shall serve at the pleasure of the Council. Members shall have a demonstrated interest and/or expertise in historic preservation; the 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 of the county Historical Society. No member of the Council shall serve as a member of the Commission. Subd. 4. Terms of Appointment. The terms of members of the Commission shall be for a period ofthree 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. 5. Vacancies and Removal of Members. A. Vacancies: Membership on the Commission 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: 1. Upon Petition ofthe 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 Council shall in March each year appoint a chairperson and vice-chairperson to serve for a period of one year. With the exception ofthe first chairperson, a chairperson must have served one year on the Commission before becoming eligible for appointment as a chairperson. The chairperson or in hislher absence, the vice-chairperson shall preside at all meetings of the Commission. In the absence of a chairperson or vice-chairperson, members of the Commission may appoint an acting chairperson to act during the absence. 14 SUbd.7. Meetings. A. Regular Meetings: The Council shall establish from time to time a schedule of regular meetings. B. Special Meetings. Special meetings of the Commission may be called by the chairperson or any three members of the Commission by a writing filed with the City Clerk at least three days prior to the date of the meeting. The City Clerk shall thereupon notify each member of the Commission and give such further notice as required by law. SUbd.8. Rules Governing Meetings. The Commission shall be governed by Robert's Rules of Order, newly revised 1990 edition (9 th Edition), and the Minnesota open meeting law. SUbd. 9. Compensation and Expenses. Members of the 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 Councilor the City Manager before they were incurred. Section 7. 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," Section 2.18 entitled "Arts Commission," Section 2.20 entitled "Environmental and Waste Management Commission," and Section 2.21 entitled "Housing, Transportation and Human Services Board" are repealed. Section 8. 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 9. 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. 15 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 33-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ADOPTING CITY CODES SECTIONS 2.22 AND 2.23; 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 following is only a summary of Ordinance 33-99. The full text is available for public inspection by any person during regular business hours at the office of the City Clerk. City Code Section 2.22 entitled, "Citizen Advisory Commission" provides for the establishment of four Citizen Advisory Commissions: Human Rights and Diversity Citizen Advisory Commission; Environmental Education Citizen Advisory Commission; Arts and Culture Citizen Advisory Commission; and Parks and Recreation Citizen Advisory Commission. The Citizen Advisory Commissions are to provide the Community Program Board, City Staff and Council with advice on such subjects and matters as requested. The Human Rights and Diversity Citizen Advisory Commission is to act in an advisory capacity on matters of diversity, civil and human rights, and the Americans with Disabilities Act ("ADA"). The Environmental Education Citizen Advisory Commission is to 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. The Arts and Culture Citizen Advisory Commission is to act in an advisory capacity on matters pertaining to cultural, performance and visual art programs and activities supported by the general public. The Parks and Recreation Citizen Advisory Commission is to act in an advisory capacity on matters of leisure services, recreational programming and development and use of parks and recreation facilities supported by the general pUblic. 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 appointed by the Council, who shall serve at the pleasure of the Council. Members of each Commission shall be residents of the City. No member of the Council shall serve as a member of a Commission. City Code Section 2.23 entitled "Community Program Board" establishes the Community Program Board ("Board"). The Community Program Board is to review and advise on City communications and leisure programs and activities. 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: appointed by the Council who shall serve at the pleasure ofthe CounciL The members shall include one (but not more than one) member of each Citizen Advisory Commission. City Code Section 2.14 is renumbered 2.24 entitled "Community Planning Board" and is amended to establish the Community Planning Board ("Board"). The Community Planning Board functions as the City's Planning Commission and its Planning Agency and is advisory to the Council except as other powers and duties are imposed on it by law. 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 appointed by the Council who shall serve at the pleasure of the Council. City Code Section 2.11 is renumbered as Section 2.25 entitled "Board of Adjustments and Appeals" and is amended to establish the Board of Adjustments and Appeals ("Board") The Board shall hear and decide matters relating to 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").The Council may elect to review and amend any decision of the Board. City Code Section 2.17 is renumbered Section 2.25 entitled "Flying Cloud Airport Advisory Commission" and is amended to establishment the Flying Cloud Airport Advisory Commission ("Commission"). The Flying Cloud Airport Advisory Commission shall 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 of that Airport and the development of lands adjacent to said Airport. The Commission shall consist of not less than seven (7) and not more than nine (9) (established by the Council from time to time) members: appointed by the Council who shall serve at the pleasure of the Council. The members shall include one (but not more than one) member of each Citizen Advisory Commission. City Code Section 2.19 is renumbered Section 2.26 entitled "Heritage Preservation Commission" and is amended to establish the Heritage Preservation Commission ("Commission") is hereby established. The Commission shall conduct a continuing surveys relating to heritage preservation, work for the continuing education of the citizens of the City with respect to the civic and architectural heritage of the City, and keep current a public register of designated and proposed Heritage Preservation sites and areas. The Commission may recommend to the Council the acceptance of contributions offered to the City and assist the City staff in preparation of applications for grant funds for the purpose of Heritage Preservation, and will collect and review City planning and development records, to be passed on to the State Historical Society as a permanent record of City history and development. 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. The Commission shall consist of not less than seven (7) and not more than nine (9) (established by the Council from time to time) members: appointed by the Council who shall serve at the pleasure of the Council. The members shall include one (but not more than one) member of each Citizen Advisory Commission. Provisions applicable to all Boards and Commissions The terms of members of the Boards and Commission shall be for a period of three years each, provided however 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. Membership on the Boards and Commission shall become vacant upon the occurrence of any of the following: The death, disability, resignation, a member's absence from three consecutive meetings, termination of a Member's residence in the City. A member of a Board or Commission may be removed by the City Council. The Board or Commission shall elect a chairperson and vice-chairperson to serve for a period of one year. The Board or 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 b held in March. Special meetings of the Boards and Commission may be called by the chairperson or any three members of the Board or Commission by a writing filed with the City Clerk at least three days prior to the date of the meeting. The Boards and Commission shall be governed by Robert's Rules of Order, and the Minnesota open meeting law. Members shall serve without compensation, but may be reimbursed for out of pocket expenses incurred when such expenses have been authorized by the Councilor the City Manager. Code Sections Repealed: 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," Section 2.18 entitled "Arts Commission," Section 2.20 entitled "Environmental and Waste Management Commission," and Section 2.21 entitled "Housing, Transportation and Human Services Board" are repealed. This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor CITY COUNCIL AGENDA DATE: October 5, SECTION: Consent 1999 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Project Management Agreement -Eden Shores v. J. & Financial Services: Senior Housing Project Don Uram 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 DATE: October 5, 1999 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: V· K. SECTION: Consent Calendar SERVICE AIF.A: J ITEM DESCRIPTION: Public Works Sale of Property to the 7711 Mitchell Partners Eugene A. Diet f t¥ Requested Action Move to: Adopt resolution authorizing the Mayor and City Manager to execute such documents, including a Quit Claim Deed, as are necessary to convey excess property to the 7711 Mitchell Road Partners. Synopsis Similar to the transaction that we completed with the Pillsbury Company to replace lost parking as a result of the TH 212 Expansion project, this resolution will accomplish the same goals as they relate to the BUCA Restaurant. The City will purchase the land from MnDOT and sell it to the owners of BUCA for the same amount --$37,275.00. Background Information MnDOT has been negotiating with the 7711 Mitchell Road Partners regarding the loss of parking due to the TH 212 project for well over a year. In order to keep the BUCA Restaurant viable in its present location, a solution to sell the property to the City of Eden Prairie and then transfer ownership to the property owner at an identical price has been developed (exactly the same process as for Pillsbury). Essentially, the property that is being conveyed is a land remnant lying immediately south of the BUCA Restaurant where the old driveway access to McDonalds, BUCA and Green Streets, etc. used to be. Attachments • Copy of proposed Quit Claim Deed, including legal description • Location sketch / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNFSOTA RESOLUTION NO. WHEREAS, the State of Minnesota, through the Commissioner of Transportation, has deeded to the City of Eden Prairie for the sum of $37,275.00 all of its interest in and to the real estate in Hennepin County, Minnesota, described as follows (hereinafter the "Property"): All of Tract A described below: Tract A. That part of Outlot B, Edenvale Recreation Center 2nd Addition, shown as Parcel 73B on Minnesota Department of Transportation Right of Way Plat Numbered 27-91 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, described as follows: Beginning at Right of Way Boundary Comer B29 as shown on said Plat No. 27-91; thence southeasterly for 15.32 feet along the boundary of said plat on a non-tangential curve concave to the northeast, having a radius of 50.00 feet, a delta angle of 17 degrees 33 minutes 27 seconds and a chord azimuth of 98 degrees 50 minutes 20 seconds to Right of way Boundary Comer B30; thence on an azimuth of 90 degrees 03 minutes 36 seconds along the boundary of said plat for 337.06 feet; thence on an azimuth of 180 degrees 03 minutes 36 seconds for 30.00 feet; thence on an azimuth of 270 degrees 03 minutes 36 seconds for 352.11 feet; thence on an azimuth of 00 degrees 03 minutes 36 seconds for 32.33 feet to the point of beginning; the title to a portion of said Parcel 73B being registered as evidenced by Certificate of Title No. 705938; containing 0.24 acre, more or less; Subject to the following restrictions and reservations: No access shall be permitted to Trunk Highway 212 from the lands herein conveyed. The State of Minnesota reserves the right to use Tract A described above as a temporary easement for highway purposes, which right shall cease on December 1, 2002, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. WHEREAS, the City is authorized pursuant to Minn. Stat. 469,185 to convey any lands it owns in fee simple and not restricted by grant to encourage and promote industry and provide employment for citizens; and WHEREAS, the City is further empowered by law to sell property that is no longer needed by the municipality for government purposes; and WHEREAS, the Property abuts property owned by the 7711 Mitchell Road Partners, a Minnesota partnership and the conveyance of said property to it will encourage and promote its continued operation in the City and provide for continued employment of citizens; and WHEREAS, the Property is not needed by the City for governmental purposes; and WHEREAS, 7711 Mitchell Road Partners has agreed to pay to the City the sum of $37,275.00 for said property; NOW, TIIEREFORE, BE IT RESOLVED by the City Council, City of Eden Prairie, that: The Mayor and City Manager are hereby authorized to execute such documents, including a quit claim deed, as are necessary to convey the Property to 7711 Mitchell Road Partners. ADOPTED by the Eden Prairie City Council on October 5, 1999. Jean L. Harris, Mayor ATIEST: SEAL Kathleen A. Porta, City Clerk 3 ) 1 I , / I / / f 3 =-c ____ -W- C P~~!f~_-,p ~~~~rrm~~~~ 1 FROM FAEGRE & BENSON (MON) 9. 13· 99 14: 03/ST. 14: 02/NO. 4862056183 P QUIT CLAIM DEED Based upoll Fonn 31-M of the Minnesota Uniform Conveyancing Blanks (1/15197) Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) Dot required Certificate of Real Estate Value No. -------- (Date) County Auditor by __________________________ ~--- Deputy DEED TAX DUE: $ ________ _ Date: ---------------------------------(reserved for recording data) 2 FOR VALUABLE CONSIDERATION, --==.th=e_C==-i t;::...y ___ o::-.:f::........:E::..:d::..:e;;..:;n~P~r;..;:a;:..:;i;.::r;.::i;....;e'--______________ _ ___________________________________________ ,a municipal corporation underilielawsof Minnesota , Grantor, hereby conveys and quitclaims to 7711 Mitchell Road ----------------------------_P_a_r_t_n_e_r_s _______________ " GrdDtee, a partnership under the laws of Minnesota , real property in Hennepin County, Minnesota, described as follows: See Exhibit A attached hereto and incorporated herein together with all hereditaments and appurtenances. Check box if applicable: 00 The Seller certifies that ilie Seller does not know of any wells on the described real property. o A well disclosure certificate accompanies this document o I am familiar with the property described in this instrument and I certify that ilie status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Affix Deed Tax Stamp Here By ________________________________________ ___ Its By ________________________________________ _ Its FROM FAEGRE & BENSON (MON) 9.13' 99 14:04/ST. 14:02/NO. 4862056183 p 3 STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN) by ______________________________ __ The foregoing instrument was acknowledged before me on _________ -=--:-_______ _ (Dare) the and and ---------------------------------------------------------------------------------------------------------------------of the City of Eden Prairie ,a municipal corporation under the laws of--=.;M:.:i:.:n.::n~e::.;s::.o=_::t.::a:...._ ___________ ' on behalf of the co rpor a t ion NOTARlAL STAMP OR SFAL (OR OTHER TIT).!:: on RANK) THIS INSTRUMENT WAS DRAFTED BY (N,'\ME AND ADDRESS) Lisa A. Misher Faegre & Benson LLP 2200 NorwestCenter 90 South Seventh Street Minneapolis, MN 55402 (612) 336-3000 Ml:537564.01 SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here ifpart or all of the land is Registered (Torrens) Cl Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): FROM FAEGRE & BENSON (MON) 9.13' 99 14:04/ST. 14:02/NO. 4862056183 P 4 EXHIBIT A De~cription of property All of Tract A described below: Tract A. That part of Outlot B. Edenvale Recreation Center 2nd Addition, shown as Parcel 73B on Minnesota Department of T~ansportation Right of Way Plat Numbered 27-91 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, described as follows: Beginning at Right of Way Boundary Comer B29 as shown on said Plat No. 27-91; thence southeasterly for 15.32 feet along the boundary of said plat on a non-tangential curve concave to the northeast, having a radius of 50.00 feet, a delta angle of 17 degrees 33 minutes 27 seconds and a chord azimuth of 98 degrees 50 minutes 20 seconds to Right of Way Boundary Corner B30; thence on an azimuth of 90 degrees 03 minutes 36 seconds along the boundary of said plat for 337.06 feet; thence on an azimuth of 180 degrees 03 minutes 36 seconds for 30.00 feet; thence on an azimuth of 270 degrees 03 minutes 36 seconds for 352.11 feet; thence on an azimuth of 00 degrees 03 minutes 36 seconds for 32.33 feet to the point of beginning; the title to a portion of said Parcel 738 being registered as evidenced by Certificate of Title No. 705938; containing 0.24 acre, more or less; Subject to the following restrictions and reservations: No access shall be permitted to Trunk Highway 212 from the lands herein conveyed. The State of Minnesota reserves the right to use Tract A described above as a temporary easement for highway purposes, which right shall cease on December 1, 2002. or on such ear1ier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. TWIE ABOVE DESCRIBED REAL PROPERTY IS SUBJECT TO 1H& RIGHTS OF !DClmNG unLmes. IF ANV. AS PROVIDED IN MINNESOTA STATUTES 1111.45 SUBDIVISION 3. Ml:537564.01 7 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Director of Public Works SERVICE AREA: / ' .' Public Works ,.j ~ . Eugene A. DietiitA ' Requested Action ITEM DESCRIPTION: Sale of Land to MnDOT for TH 212 DATE: October 5, 1999 ITEM NO: V.L, Move to: Adopt resolution and authorize the Mayor and City Manager to execute a Quit Claim Deed and Offer to Sell and Memorandum of Conditions for sale of 0.48 acres, temporary construction easement and settlement of damages at the Water Treatment Plant as a result of right of way acquisition needs for Trunk Highway 212 in the amount of $1,001,863. Synopsis This item is a settlement for permanent right of way acquisition and settlement for all damages as a result of loss of access to the Water Treatment Plant as a result of the TH 212 construction project. Background Information Attached is a summary of a list of expenses incurred by the City of Eden Prairie due to reconfiguration of water plant access and related equipment and mechanical costs, land costs and engineering fees that were presented to MnDOT in June, 1999. The total amount to settle the acquisition/loss of access issue as presented to MnDOT was in the amount of $1,001,863 and MnDOT has agreed with the price. The cost items were prepared collaterally with our consultant Black & Veatch, City staff and the contractor Knutson Construction Company and essentially accomplishes reimbursement for the following broad categories of items: • Replacement of full access at Mitchell Road at the new access point on Technology Drive ($47,156) • Relocation of the chemical delivery room from the west side of the building to the east side ($67,042) • Replacement of the lime conveying system from west to east side of building ($459,783) • Replacement of the freight elevator to the east side of the building ($81,085) • Replacement of chlorine feed a.Tld storage from west to east side of building ($132,043) • Modifications to water lines on site ($2,292) • Engineering fees associated with above work ($112,462) • Sale of 0.48 acres of land ($100,000) In addition to the attached summary, staff supplied documentation on each of the items to establish the component prices for each of the elements contained in the contract to upgrade the Water Treatment Plant. I This settlement will conclude the transactions necessary with MnDOT relating to right of way acquisition of City-owned property for TH 212. By way of summary, the following is a list of the parcels and the amount paid by MnDOT for each: • • • • • Fire Station No. 1 Parks/Public Works Maintenance Facility (Plus retention of the southerly 10,000 square feet of building) Portion of old Police Department building Replacement of Well No. 1 Water Treatment Plant access/right of way Grand Total $ 1,256,000 3,132,421 250,000 587,000 1.001.863 $ 6,227,284 Although the negotiation process has spanned three years, the settlements have been both reasonable and fair. Finally, the replacement facilities are all operational and of course the TH 212 project is under construction. Staff recommends approval of the resolution. Attachments • Cost replacement Summary • Offer to Sell and Memorandum of Conditions • Quit Claim Deed • Letter from Merritt Linzie CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. SALE OF LAND TO MnDOT FOR m 212 (PORTIONS OF WATER TREATMENT PLANT SITE! ACCESS CONTROL/WSS OF ACCESS) WHEREAS, the Minnesota Department of Transportation proposes to construct Trunk Highway 212 (TH 212) through Eden Prairie; WHEREAS, certain city land and facilities lie within the corridor for TH 212 and are proposed for acquisition by MnDOT; WHEREAS, the City of Eden Prairie and MnDOT have concluded negotiations for portions of the property generally known as the Water Treatment Plant site, access control and related damages to lost access at treatment plant facility; and WHEREAS, the City of Eden Prairie desires that TH 212 be constructed and finds that the purchase price is fair and equitable. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Mayor and City Manager are authorized to execute an "Offer to Sell and Memorandum of Conditions" and Quit Claim Deed to convey to the State of Minnesota fee title and temporary construction easements for right-of-way known as Parcel 76B, C.S. 2762 (212=260) 902, County of Hennepin all as more particularly described in the "Offer to Sell and Memorandum of Conditions", Quit Claim Deed and letter from MnDOT Director of Office of Land Management dated September 24, 1999, respectively. ADOPTED by the Eden Prairie City Council on October 5, 1999. Jean L. Harris, Mayor ATTEST SEAL Kathleen A. Porta, City Clerk 3 WATER TREATMENT PLANT ACCESS REPLACEMENT , COST COMPONENTS i JUNE, 1999 Pa~e 1 of 4 I ITEM NUMBER AND DESCRIPTION • COST •• REF. COMMENTS •• SHEET •• A. PLANT IHUVE MOIHFICATIONS 1. Existing pavement removal lit MTS entrance drive from Technology S 5,101 83 4160 sf @ Sl.18/sf Drive to N4900 coordinate 2. Technology f)rive .. :ntrance, Station 47+55.91 to Sta 52+79 B5 a. Clearing and grubbing S 1,876 4160 sf@ S.43/sf b. Strt:et light relocation S 5,418 B2 4 ea @ SI,300.00/ea c. Relocate hydrant $ 1,250 I ea @ SI,200.00/ea , , d. SlIbgrade preparation and pavement $ 5,774 4160 sf@ S1.33/sf \ c. Curb and gutter S 3,426 411 If @ $8.00/lf f. MeJian with irrigation S 2,272 980 sf (median): 210 If (curb) @ S8.00Ilf, Irrigation @ S500.00 ,-~ g. Modifications to exist catch basins $ 2,501 B2 2 ea @ SI,200.00/ea 3. I'lant Drive A, Station 40+12 to Sta 43+16.70 B3 a. Sub grade preparation and pavement $ 3,465 2496 sf @ SI.33/sf b. Curb and guller S 2,743 329 If @ S8.00/lf 4. I'lant drive located on the west side of the building betw~n coordinates B3 N5100 and N5300 a. Subgrade preparation and pavement $ 691 498 sf @ Sl.331sf b. Curb and gutter S 1,492 179 If @ S8.00llf c. Irrigation system modifications $ 5,210 B2 Irrigation: 1 Is @ S5,OOO.00 5. Starr parking {,list of new administrative building (16 spaces) S 2,196 B3 576 sf (paving) @ 1.85 sf, 130 If (curb) @ S8.00/lf 6. Signs No. I lind 2 $ 1,303 BI 2 ea @ S625.00/ea 7. Remove glazing frolll existing front entfllnce and replace with S 2,438 03 Mulcahy: 1 Is @ S2,340.00 polycarboJlate , A. Subtotal $47,156 [ .. : ::::: : •. : :.:-... :.: :::::.:: :.::>:< .: .... :: ... : .::.:::: .:.: .:... .::::.: 0' •• .: .:::.:: .. :.:::::.:: .( ... : .. : .. :::.::. . .... :.: .... : ..•. < .•. :.}/ :.: •••.•• :.: .•• :: •• : .. : •..•• : •••• : •• : .. :: ••.. :.: ••••.•••• :< ••. : ••. :: .••....... : •. :: .•.... : •...••.••.•....•.. ··<i····:····:·.:··/·.··<:.·> ... :······::·:·::·.···· ............. : . .. . . .... ::: .. :..:. : . .::.: .. WATER TREATMENT PLANT I ACCESS REPLACEMENT I COST COMPONENTS JUNE, 1999 Page 2 of 4 I ITEM NUMBER AND DESCRIYfION • COST •• REF. COMMENTS •• SHEET •• D. CHEMICAL I>ELlVERY MODIFICATIONS I. Chemical delivery room between column rows T aud X, and 8 and 10 DIO,E4 a. Dock leveler $ 5,335 I ea @ $5120.00/ea b. Doors D134, D133, DI37 $ 18,643 I ea -14'xI4' OH, I ea -3'-Ox7'-2 (dbl) I ea -3'-{)x7'-10 (dbl) c. Skylights $ 1,016 4 ea (2'-Ox4'-{» @ $244.00/ea d. Emergency shower/emergency eye wash $ 834 Per New Mech e. Floor and roof drainage systems $ 3,334 Per New Mech f. Hose faucets $ 104 Per New Mech g. Ventilation system $ 1,459 Per New Mech h. llcating system $ 2,292 Per New Mech (" i. Elcdriclll cable and conduit $ 13,025 Per Parsons (sec attached) ~\ j. Lighting Sec "I" Per Parsons (sec attached) k. Intercom hand set with speaker amplifier and hom speaker Sec "I" Per Parsons (see attached) I. Concrete $ 5,627 1080 sf @ $5.00/sf Ill. Masonry $ 8,621 2000 sf w/1170 sf of brick n. Rooting $ 6,752 1080 sf @ $6.00/sf IH. Subtotal $ 67,042 2. Lillie conveying system P2 a. Blower package $446,497 Vessco/New Mech b. Pneumatic system lime conveying and air piping and valves See "a" Vessco/New Mech c. Targd boxes See "a" Vessco/New Mech d. Storage bin fill control panel $ 13,286 Per Parsons (see attached) e. Electrical cable, conduit and misc. equipment See "d" Per Parsons (see attached) H2. Subtotal $ 459,783 WATER TREATMENT PLANT ACCESS REPLACEMENT COST COMPONENTS JUNE, 1999 Page 3 of 4 ITEM NUMBER AND DESCRIPTION • COST •• REF. COMMENTS •• SHEET •• 3. Freight Elevator and Elevator Equipment Room 010,013 a. Elevator unit $ 54,913 Lagerquist b. Controls $ 7,815 Per Parsons (see attached) c. Door D233, 0231, 0135, 0136 $ 521 3 ea -8'xS', 1 ea -3'-Ox7'-2 d. Ventilation system $ 1,146 New Mech e. Heating system $ 1,250 New Mech i I f. Electrical cable, conduit, and misc. equipment See "b" Per Parsons (see attached) ~. Lighting in shaft lind equipment room See "b" Per Parsons (see attached) h. Concrde $ 1,954 375 sf @ $5.00/sf i. Masonry $ 11,141 1296 sf @ $S.25/sf j. Ro()fin~ $ 2,345 375 sf @ $5.00/sf \)\ U3. Subtotal $ 81,085 4. Chlorine Ft't'fl and Storage (approximately 60% of totlll) DIO,P2 a. Feeders $ 90,550 Per Vessco b. Scales s~ "all Per Vessco c. Container trunnions See Itaf' Per Vessco d. Distribution assembly Se:~ "at! Per Vessco e. Ton container and cylinder manifolds See "a" Per Vessco f. Monorail $ 22,696 1&8 Equipment I ~. Roof drainage system $ 3,334 New Mech I h. Ventilation system $ 15,630 New Mech i. ,Heating system $ 7,294 New Mech j. Electrical cable, conduit, and misc. c;quipment $ 35,011 Per Parsons (see attached) k. Lighting See Uj" Per Parsons (see attached) WATER TREATMENT PLANT ACCESS REPLACEMENT COST COMPONENTS JUNE,1999 Page 4 of 4 ITEM NUMBER AND DESCRIPTION • COST •• REF. COMMENTS •• ::, .... , I C. --..... , I"'~" , * ** *** I. Concrete m. Masonry n. Roofing (220,073 x 60%) *** B4. Subtotal x 60% : "': ... ' ..... :., 'c •. ,... .,.: ... ::.,' : .'." .... .. .','. .. , ..... ::"',. .... .."',. , , , SITE PIPING MOI>lFICATIONS I. Extension of the 8" fire Water from Sta FW-8 to FW-9. C. Subtotal Construction Total (A, Bl, B2, B3, B4, C) ... , 'c· ···i·.' < .. : ..•. , •..... , "., "; .. ':. .... , .,. ..•.....• : .. ,., ' ..... , ., .. ,..". . :.. ,,< ...• "., ...... .. , .... Construction Total Enl!.ineering Cost (See Tab D) Land Cost (approx. 112 acre @ $5.00/s.r.) GRAND TOTAL From B&V memo dated July 22, 1996 From KCC letter dated December 28, 1998 SHEET •• $ 8,909 1710 sf @ $5.00/sf $ 25,958 3114 sf @ $8.00/sf $ 10,691 1710 sf @ $6.00/sf $ 132,043 I ..........« I> :.,.: .•. :,,'~;(£~{ B7 $ 2,292 New Mech $ 2,292 $ 789,401 , ,. :., ,< .• :> i '/<Y .'« .... ../' .':':. ./ ·.···<i' .,' .. , <:>.: .. ' .... ::.: , .. , ", ..•.. ,'. ... ,,: : , ..... $ 789,401 $ 112,462 $ 100,000 $1,001,863 Items listed at 100% by KCC for Chlorine Feed and Storage in December 28, 1998 letter times 60% as per B&V July 22, 1996 memo Oflkc 1)( (..ant.! M.,m;lgement (2-98) STATE OF MINNESOTA DEPARTMENT OF TRANSPORT A TION OFFER TO SELL AND MEMORANDUM OF CONDITIONS C.S.: 2762 (212=260) 902 Parcel: 76B By RECOMMENDED foOR APPROVAL Supervisor of Direct Purchase APPROVED County: Hennepin Owner and address: City of Eden Prairie, City Center Offices, 8080 Mitchell Road, Eden Prairie, MN 55344-2230; For a valuable consideration, on this , 19 __ , the undersigned owners hereby offer to sell and ~onvey to of Minnesota for a total consideration of 'e ,.; ,'ofle .. 'jCt.td e' Id ':i I-e e Dollars ($ if oot J ~6J ~!:') a fee simple title to the real estate or an in erest therein situated in Hennepin County, Minnesota, described in the copy of the instrument of conveyance hereto attached. The undersigned parties have this day executed an instrument for the conveyance of the aforesaid real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and convey is accepted in writing by the Office of Land Management of the Mirniesota Department of Transportation within 90 days from the date of this offer. Such notice of acceptance shall be by certified mail directed to the address appearing after our signatures hereto. If this offer is not so accepted within the time limited herein such conveyance shall be of no effect, and said instrument shall forthwith be returned to the undersigned owners. If this offer is accepted it is mutually agreed by and between the owners and the State as follows: (1) Possession of the real estate shall transfer to the State oft days after the date of acceptance. The owner shall have the right to continue to occupy the property or to rent same to the present occupants or others until the date of transfer of possession. Any change in occupancy shall be subject to approval and concurrence by the State. On or before the date for transfer or possession the owners will vacate the real estate and the improvements (if any) located thereon, or cause same to be vacated, remove all personal effects therefrom and have all utilities (if any) shut off by the supplier of same. No buildings appurtenances or other non-personal items or fixtures will be removed from the premises by the owners or renters, including plumbing and heating fixtures, etc. The owners shall notify the Department of Transportation as soon as the improvements are vacated. The owners will maintain the improvements during their period of occupancy and will make all necessary repairs at their own expense. The State's prospective bidders for the purchase or deITIoHtion of the improvements on the property shall have the right of entry for inspection purposes during the last 10 days of possession by the owners. (2) Title to said real estate shall pass to the State of Minnesota as of the date of said acceptance subject to conditions hereinafter stated. (3) Buildings (if any) on said real estate shall be insured by the owners against loss by fire and windstorm in the amount of present coverage or if none in force then in an amount not less than the current market value during the entire period of the owners' occupancy of the buildings on the real estate, such policy or policies of insurance to be endorsed to show the State' s interest. (4) If the State of Minnesota is acquiring all or a major portion of the property, mortgages (if any) on the property shall be satisfied in full by the State of Minnesota. The amount paid by the State of Minnesota to satisfy said mortgage(s) shall be deducted from the amount to be paid to the owners under the tenus of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s) shall include interest on the mortgage(s) to date that payment is made to the mortgage holder. (5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is encumbered by a mortgage, it shall be the responsibility of the owners to furnish a partial release of mortgage. The mortgage holder will be included as a payee along with the owners on the check drawn in payment for the property. Any fee charged by the mortgage holder for the partial release of mortgage must be paid for by the owners. (6) The owners will pay all delinquent (if any) and all current real estate taxes, whether deferred or not, which are a lien against the property. Current taxes shall include those payable in the year 19.:J..:L. The owners will also pay in full any special assessments, whether deferred or not, which are a lien against the property. The Seller's obligation to pay deferred taxes and assessments shall continue after the sale and shall not merge with the delivery and acceptance of the deed. (7) If encumbrances, mechanics liens or other items intervene before the date the instrument of conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to validity and amount and payment thereof authorized by the owners, said instrument of conveyance shall be returned to the owners. (8) Payment to the owners shall be made in the due course of the State's business after payment of taxes, assessments, mortgages and all other liens or encumbrances against said real estate. The owners will not be required to vacate the property until the owners have received payment. (9) No payments shall be made of any part of the consideration for said sale until marketable title is found to be in the owners and until said instrument of conveyance has been recorded. (10) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on this date, and a copy of this offer and memorandum. (11) It is understood that unless otherwise hereinafter stated the State acquires all appurtenances belonging to the premises including: rJ)U2 OWNERS: CITY OF EDEN PRAIRIE By Its Mayor And Its City Manager (Address of Owner where acceptance is to be mailed.) QUITCLAIM DEED STATE DEED TAX DUE HEREON: $ __ _ C.S. 2762 (212=260) 902 Parcel 768 Dated: __________ , 19 __ _ County of Hennepin For an in consideration of the sum of OIlE; mi' I liN! OM. ti:M .;aAd fljl! t Ir' . J.' '. --I ee. Dollars ($1, OOl,803.o0 ), City of Eden Prairie, a municipal corporation under the laws of the state of Minnesota, Grantor, hereby conveys and quitclaims to the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: All of the following: That part of the Northwest Quarter of the Northwest Quarter of Section 15, Township 116 North, Range 22 West, shown as Parcel 768 on Minnesota Department of Transportation Right of Way Plat Numbered 27-76 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; containing 0.48 acre, more or less; together with other rights as set forth below, forming and being part of said Parcel 768: Access: All right of access as shown on said plat by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shqwq on said plat as to said Parcel 768 by the temporary easement shall cease on December 1, 2001, instead of December 1, 2000, as shown on said plat, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. together with all hereditaments and appurtenances belonging thereto. The Seller certifies that the Seller does not know of any wells on the described real property. CITY OF EDEN PRAIRIE 8y ________________ ___ Its Mayor And ------------------Its City Manager Page 1 of 2 /0 Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard St. Paul, Minnesota 55155-1899 Date: '1-.J--I-(lei Office of the Mayer City of Eden Prairie City Center Offices 8080 Mitchell Road Eden Prairie, MN 55344-2230 In reply refer to: 7300 C.S.2762 (212=260)902*58080 County Hennepin Parcel 768 -City of Eden Prairie Property Address: 612-296-3241 The State of Minnesota through the Department of Transportation is acquiring part of your property for the improvement of Trunk Highway No. 212. This acquisition will include permanent right of way, temporary easement and access control. The individual delivering this letter is a Real Estate Specialist representing the Minnesota Department of Transportation. This individual will explain the procedures involved in the acquisition process. The monetary damage to your property due to this acquisition is $1,001,863.00, this being the State's certified offer. This amount is based on an appraisal by a qualified real estate appraiser(s). The monetary damage includes $100,000.00 for real estate being acquired and $901,863.00 for loss in value to the remaining property. Compensation for the temporary easement and access control is included with the loss in value to the remaining property. Please be advised that lawful owners and/or occupants of the property on the date of this offer may be entitled to relocation assistance and payments in . accordance with Federal and State laws. It is important you read the information provided in the purchase packet. It will help you to understand your rights during the acquisition process and assist you in making sound decisions. II An equal opportunity employer Page 2 As the acquisition of your property proceeds, you will undoubtedly have additional questions. Please direct them to the Mn/DOT representative who submitted this offer. Sincerely, ~~~ Merritt Linzie, Director Office of Land Management Package Contents: "Guide for Property Owners" Booklet Legal Description describing acquisition Offer to Sell and Memorandum of Conditions (reference copy) Conveyance Instrument (reference copy if applicable) "Relocation Assistance" Booklet (if applicable) Appraisal Reimbursement Claim Form R45916.r1w DATE: October 5, 1999 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: V. M,· SECTION: Consent Calendar SERVICE AREA: A ITEM DESCRIPTION: I.C. 98-5476 Public Works ,I Change Order No. 1 Eugene A. Dietz-v-\ Well Collector Line Requested Action Move to: Approve Change Order No. 1 to the contract with Barbarossa and Sons, Inc. for the Well Collector Line Project No. 98-5476 in the amount of $3,750.00. Synopsis Council awarded a contract to Barbarossa and Sons, Inc. in February, 1999 to build a well collector line between Technology Drive and our new Well House No. 13 on Wallace Road. The work has been completed and this change order is recommended as full compensation for the work that was performed for the project. Background Infonnation Prior to construction of the watermain this spring, two factors changed from the way in which the bidding document anticipated: • The final easement agreement that was negotiated with one of the property owners required extraordinary measures to insure that damage to the adjacent parking lot did not occur. • Due to construction activities related to TH 212, NSP and U.S. West had completed construction of new utilities to route them out of the TH 212 corridor that created additional delays and extra work for the contractor. Staff has negotiated a fmal resolution of these issues and have agreed with the contractor that one and one-fourth days of extra work were required because of the influence of the above factors. The agreed upon value for the crew that did this installation was $3,000 per day, hence a $3,750 change order is proposed as final resolution of the outstanding issues. This will increase the contract price by 3.8% to $102,565 and is a fair compensation to the contractor. Staff recommends that the change order be approved as submitted. Attachments Copy of change order I CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN September 10, 19 99 ----~----------~--Comm. No. 11652 Change Order No. 1 (R) To Barbarossa and Sons, Inc. for Construction of Watermain In Wallace Road & Technology Drive, Improvement Contract No. 98-5476 for City of Eden Prairie Minnesota You are hereby directed to make the following change to your contract dated February 2, 19 99 The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will increase the contract sum by Three Thousand Seven Hundred Fifty and 00/100 dollars ($ 3,750.00). This change order is to reimburse the contractor for additional time required to lay the watermain due to the additional utilities encountered crossing Wallace Road and the added requirement to not disturb the parking lot. TOTAL CHANGE ORDER NO. 1 (R) Amount of Original Contract Additions approved to date (Nos. Deductions approved to date (Nos. Contract amount to date Amount of this Change Order Add Revised Contract Amount Add 3,750.00 $ 98,815.00 $-----=-O ."'"'"::0:-::"0- $ 0.00 $ ---=9:-::-8-, 8"::":1:-::5:-.:-::-0":::-0- $ 3,750.00 $ -~1:-::0:-::-2-, -=-56-::-:5:-.:-::-0-:::"0- Approved __ ~C~i~t~y~o~f~E~d~e=n~~P=r~a~i~r~l~·e=-~,~M=i=n=n~e==s=o~t~a~___ 5LTZ, KING, DUVALL, ANDERSON Owner ANByD ASSOCI~~~ By __________________________________________ _ Approved ___ ~B~a~r~b~a=r~o~s=s~a~a~n~d=_=S~o~n=s~=I~n~c~. ______ ___ Contractor David L. Moore P. E. Whi te -Ov.'!1er Pink -Contractor Blue -TKDA CITY COUNCIL AGENDA DATE: 10/05/99 SECTION: Public Hearings SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Michael D. Franzen Brown Addition '1L A. Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan expansion of the MUSA Line for 1.65 acres; and • Adopt the Resolution for PUD Concept Review on 23.87 acres; and • Approve 1 st Reading of the Ordinance for PUD District Review with waivers on 8.59 acres, Zoning District change from Rural to Rl-l3.5 on 4.09 acres, and Zoning District Amendment with the Rl-l3.5 Zoning District on 1.02 acres and the Rl-9.5 Zoning District on .82 acres; and • Adopt the Resolution for Preliminary Plat on 23.87 acres into l3 lots and 2 outlots; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis This project is for a l3 lot single family development. The PUD concept shows future development of Lot 13 into 4 single family lots and 1 outlot. It is located east of Overland Trail at 9950 Dell Road. Background Information The project requires waivers for lot size, front yard setbacks, and bluff setbacks to maximize protection of the bluff and Indian mounds. Reasons to consider the waivers are as follows: 1. The overall density of 1.5 units per acre is less than the guide plan density of 2.5 units per acre. 2. The smaller lots are part of a density transfer. The City benefits from the dedication of Outlot B as natural open space and bluff protection. 3. The average lot size is greater than the minimum l3,500 square foot lot size requirement. All rear yard drainage will be routed to the stonn sewer system. A MUSA Line Amendment is necessary to add 1.65 acres into the MUSA for the future development of Lot l3. / At the September 13, 1999, Planning Commission meeting the Planning Commission voted 4-0 to recommend approval of the project to the City Council. The Parks Commission voted 4-0 to recommend approval of the project with the addition of a 5 foot wide concrete sidewalk along the private street extending to the east property line or an acceptable alternative access to the neighborhood park. Although a specific location has not been determined, the Developer is working with Staffto establish alternative locations. Attachments 1. Resolution for Comprehensive Guide Plan expansion of the MUSA Line 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Staff Report dated September 10, 1999 5. Planning Commission Minutes dated September 13, 1999 6. Correspondence CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION AMENDING THE COMPREHENSIVE GUIDE PLAN FOR EXPANSION OF THE MUSA LINE BROWN ADDITION WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the expansion of the MUSA line requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan for 1.65 acre MUSA Line expansion located at 9950 Dell Road, north of Flying Cloud Drive. ADOPTED by the City Council of the City of Eden Prairie this 5th day of October, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- BROWN ADDITION A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BROWN ADDITION FOR PEMTOM LAND COMPANY WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Brown Addition PUD Concept by Pemtom Land Company and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on October 5, 1999; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Brown Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated September 24, 1999. 3. That the PUD Concept meets the recommendations of the Planning Commission dated September 13, 1999. ADOPTED by the City Council of the City of Eden Prairie this 5th day of October, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 4 Exhibit A Brown Addition Legal Description: The east half of the west half of the southeast quarter of Section 30, Township 116, Range 22, Hennepin County, Minnesota, lying northerly of the northerly right of way line of State Highway No. 169 and 212, and lying southerly of Riley Creek. Together With: Lots 5 and 6, Block 2 and Lots 1 and 2, Block 3, Settlers Ridge 3rd Addition, according to the recorded plat thereof and situated in Hennepin County, Minnesota. Together With: That part of Overland Trail as dedicated on Settlers Ridge 3rd Addition, according to the recorded plat thereof and situated in Hennepin County, Minnesota lying southeasterly and easterly of the northeasterly extension of the northwesterly line of Lot 5, Block 2, Block 3, said Settlers Ridge 3rd Addition, to the southwesterly line of Lot 2, Block 3, said Settlers Ridge 3rd Addition. 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- BROWN ADDITION RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BROWN ADDITION BY PEMTOM LAND COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Brown Addition, dated September 24, 1999, consisting of23.87 acres into 13 lots and two outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 5th day of October, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner September 10, 1999 Brown Addition Pemtom Land Company Dr. Steven Brown South of Pioneer Trail, west of Riley Creek 1. MUSA Line Addition on 1.65 acres 2. Planned Unit Development Concept Review on 23.87 3. Planned Unit Development District Review on 8.59 acres 4. Rezoning from Rural to RI-13.5 on 4.09 acres 5. Zoning District Amendment within the RI-13.5 zoning district on 1.02 acres and the RI-9.5 zoning district on .82 acres 6. Preliminary Plat on 23.87 acres into 13 lots and 2 outlots 7 " ~ .-::--.. :;:; , ~ \ ..... ·· .. ···7······· .,. ",.to. .. ------ (.) .--.. .. _-.--" .--" of) '.0' • . ... tl, \ (I) , \ -- g \ ~'. '" ~ ~" ~. -....... w ,"',-----" ( II (9) ( 10) 1\. -- ----- Staff Report -Brown AlL ,Jon September 10, 1999 BACKGROUND The site and adjacent land is currently guided low density residential and open space. Most of the site is rural Two existing lots are zoned RI-9.5. Two existing lots are zoned Rl-13.5. The project adjacent to the west is Settler's Ridge. MUSA LINE AMENDMENT The proponent is requesting a 1.65 acre amendment to the MUSA Line. The addition of this acreage will not have an impact on the City for the following reasons. • A density of 2.5 units per acre is used for overall City planning for population, traffic, sewer, and water. There are currently 6.23 acres of this project within the MUSA, which could allow a maximum of 16 units. This project has 12 units with the existing and proposed MUSA expansion area of 1.65 acres. • The current location of the MUSA Line was also established for the purposes of protecting the bluff facing Highway 212. The proposed new location of the MUSA, conservation easements, and land dedication/gifting of the most fragile natural areas ensures future bluff protection. PLANNED UNIT DEVELOPMENT CONCEPT The concept plan shows the subdivision of 23.67 acres into 16 lots at a gross density of 1.5 units per acre. The concept plan is proposed for development in two phases. Phase I will have 12 lots with land dedicated along Riley Creek. Phase II development will be future development of proposed lot 13 into 4 additional lots and a 7 acre outlot on the steep slopes along Highway 212) to be dedicated to the City. The concept plan has waivers for lot size, front yard setbacks, and bluff setbacks. Reasons to consider the waivers are as follows: 1. The overall density of 1.5 units per acre is less than the guide plan density of2.5 units per acre. 2. The smaller lots are part of a density transfer. The City benefits from the dedication of Outlot B as natural open space and bluff protection. 3. The average lot size is greater than the minimum 13,500 square foot lot size requirement. The need for these waivers is also for the protection of steep slopes and Indian burial mounds. A conservation easement will be placed on the bluff impact zone area, burial mounds, and 10' buffer surrounding these mounds. No grading or development will be allowed in these areas. 2 Staff Report -Brown ACt __ ~ion September 10, 1999 SHORELAND ORDINANCE The shoreland ordinance lot size requirements does not apply since none of the lots are within 150 feet of Riley Creek. Outlot B will be owned by the City. TRAIL The Park and Recreation Service Area recommend a trail connection from Overland Trail to Dell Road along the private road. This will be discussed at the Parks Commission meeting. HISTORIC AND CULTURAL RESOURCES The archaeological survey indicates burial mounds on the property, which impacts Lots 8-10. Mound buffers are required and shown on the plans. The mound and buffers will be placed in a conservation easement with a 10 foot buffer as required by Mark Dudzik with the Office of State Archaeology. Mr. Dudzik is also in the process of reviewing previous habitation site reports from the adjacent Settler's Ridge project to determine if additional habitation site testing is required. This testing involves documentation of any artifacts prior to development of the property. GRADING AND TREE LOSS The tree masses adjacent to Riley Creek and extending down the bluff towards Highway 212 will be protected through land dedication or conservation easements. Tree loss is calculated at 17% or 147 diameter inches. This compares to the average tree loss of 30% for residential projects. The tree replacement required is 126 caliper inches. A majority of the site will have custom grading to offer different building pads that accommodate unique lots. Lots 8-10 will need to be graded at the same time the road is constructed due to their proximity to the proposed conservation easement area (includes burial mounds and their buffers). This will allow the City to better monitor the protection of this area by having to deal with a single grading contractor as opposed to many individuals. EROSION CONTROL AND DRAINAGE Sheet 6 shows a preliminary active erosion control plan showing how active erosion areas can be stabilized. Rear yard drainage associated with roof runoff is directed through gutter collection and routed to draintile connected to the storm sewer system in the private drive. An additional notation should be made on the utility plan for Lots 3-10 that only semi-permeable and permeable materials is required of homeowners when constructing decks, patios, etc. Both these issues should be noted on the plans and recorded with the individual covenants for the land. 3 /0 Staff Report -Brown Afi .... don September 10,1999 UTILITIES The City required the Settler's Ridge project extend sanitary sewer and water to through this project over to Dell Road at the time when the Brown property developed. Since this project will be fully developed through two phases, this extension will be made with the application of Phase II. STAFF RECOMMENDATIONS The staff would recommend approval of the MUSA Line Amendment on 1.65 acres, Planned Unit Development Concept Review on 23.87 acres, Planned Unit Development District Review on 8.59 acres, Zoning District Change from Rural to R1--13.5 on 4.09 acres, Zoning District Amendment within the R1-13.5 zoning district on 1.02 acres and within the R1-9.5 zoning district on .82 acres and Preliminary Plat on 23.87 acres into 13 lots and 2 outlots, based on plans and staff report dated September 10, 1999, and subject to the following conditions: 1. Prior to City Council review, the proponent shall: A. Add a notation to the utility plan indicating the use of gutters to route rear drainage to the storm water sewer system for Lots 3-10. B. Add a notation to the utility plan indicating the use of semi-permeable or permeable materials and covenants to deeds for the construction of patios, decks, etc. in the rear yard. C. Add a notation to the grading plan indicating that at the time of grading for the private road, Lots 8-10 will also be graded. D. Obtain resolution from the Parks Commission in regards to trail construction. 2. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. 3. Prior to Building Permit issuance, the proponent shall: A. Pay the appropriate cash park fee. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit a landscaping and screening bond for review. 4. Prior to grading, the proponent shall notify the City Engineer,Watershed District, and City Forester. 5. The following waivers from the City code are granted as part of the Planned Unit Development District review in the Rl-13.5 Zoning District: 4 1/ Staff Report -Brown AhuJtion September 10, 1999 • Front Yard Setback from 30 feet to 25 feet for Lots 2-11 • Lot Size from a minimum of 13,500 sq. ft. to 11,083 sq. ft. on Lot 4 and 12,896 sq. ft. on Lot 5 • Bluff Setback from 30 feet to 20 feet for Lots 2-11 5 I~ PLANNING COMMISSION MINUTES SEPTEMBER 13,1999 PAGE 4 C. BROWN ADDITION by Pemtom Land Company. Request for Planned Unit Development Concept Review on 23.87 acres, Planned Unit Development District Review with waivers 8.59 acres, Rezoning from Rural to Rl-13.5 on 4.09 acres, Zoning District Amendment within the RI-13.5 Zoning District on 1.02 acres and the RI-9.5 Zoning District on .82 acres, Preliminary Plat on 23.87 acres into 13 lots and two outlots, and Musa Line addition of 1.65 acres. Location: East of Overland Trail and Frontier Place; north of Flying Cloud. Dan Herbst, representing Pemtom Land Company, explained that they had been before the Planning Commission approximately one and a half years ago with the Settler's Ridge project and they are now nearing completion of the first phase of that project. Herbst explained that while developing the Settler's Ridge project they became friends with the Brown's who own the site to the east of Settler's Ridge. This site has been heavily plowed out and fanned. Dr. Brown has been very careful to not disturb the existing mounds. Herbst indicated that the Brown site is approximately 20 to 21 acres that abuts the eastern end of Settler's Ridge. Dr. Brown does reside on the site and the property they are discussing resides on a bluff. Herbst further explained that the Brown homestead is an older home with a detached garage. The proposed project would be done in two phases with the Brown homestead included in the second phase, which may result in the Brown home being demolished. Dr. Brown would like to build on the ravine side ofthe property. The second phase would also restore ponds and deed property to the City. Herbst explained that the first phase ofthis development would have 12 lots with land dedicated along Riley Creek. Phase II development will be future development of proposed Lot 13 into four additional lots and a seven-acre outlot on the steep slopes along Highway 212 to be dedicated to the City. Herbst indicated that there would be very little impact on the site during the development. The developer is proposing to preserve as many trees as possible. Tree loss is calculated at 17% or 147 diameter inches. A majority of the site will have custom grading to offer different building pads that accommodate unique lots. The evergreen trees will be moved to the front of the site and the road will be private and maintained by the homeowners. Herbst explained that the benefits to the plan are significant and would include preserving all of the existing mounds, preserving the bluff and preservation of most of the trees. Phase I would result in 2.66 acres being deeded to the City and Phase II would result in 7.01 acres being deeded to the City. There is also the potential of restoration of the trout ponds. Foote asked if these houses would be similar to those constructed in Settler's Ridge. Herbst responded that there was more flexibility in Settler's Ridge because of the lack of trees. This site will include custom designed homes for the particular lot and the easements have been designed around the mounds. PLANNING COMMISSION MINUTES SEPTEMBER 13,1999 PAGE 5 Franzen presented the staff report stating that staff does recommend approval of this request. Alexander said she appreciates the way this item was presented to the Commission and feels it is a very good development. Clinton said he too appreciates the plan and the passion Mr. Herbst has for the development ofthis site. Clinton said he is very comfortable with this proposal and will support it. Habicht said he also felt it was a good presentation and feels the plan is well laid out. Habicht asked staff to explain the erosion control and drainage recommendations. Franzen explained that in most cases development along the bluff allows room for a swale. Because of the burial mounds on this site, there is not enough room to grade out a swale and the storm sewer system without disturbing these mounds. Franzen said that basically they take the rainwater from the gutters and run it through a drainpipe to the street. Also, because of the limited amount of hard surface in the back yard, they will use brick or patio stone rather than concrete. This will eliminate the water from running down the hill. Foote said he feels this is a very nice project and he appreciates Dr. Brown's preservation of this site. MOTION: Alexander moved, seconded by Clinton, to recommend to the City Council approval of the request ofPemtom Land Company for Planned Unit Development Concept Review on 23.87 acres, Planned Unit Development District Review with waivers on 8.59 acres, Zoning District change from Rural to Rl-13.5 on 4.09 acres, Zoning District Amendment within the Rl-13.5 Zoning District on 1.02 acres, Zoning District Amendment within the Rl-9.5 Zoning District on .82 acres, Preliminary Plat on 23.87 acres into 13 lots and two outlots and Musa Line addition of 1.65 acres, based on plans dated September 10, 1999 and subject to the following conditions: 1) Prior to City Council review, the proponent shall: (A) Add a notation to the utility plan indicating the use of gutters to route rear drainage to the storm water sewer system for Lots 3-10. (B) Add a notation to the utility plan indicating the use of semi-permeable or permeable materials and covenants to deeds for the construction of patios, decks, etc. in the rear yard. (C) Add a notation to the grading plan indicating that at the time of grading for the private road, Lots 8-10 will also be graded. (D) Obtain resolution from the Parks Commission in regards to trail construction. (2) Prior to final plat approva~ the proponent shall: (A) Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. \t.I PLANNING COMMISSION MINUTES SEPTEMBER 13,1999 PAGE 6 (B) Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. (3) Prior to Building Permit issuance, the proponent shall: (A) Pay the appropriate cash park fee. (B) Meet with the Fire Marshal to go over fire code requirements. (C) Submit a landscaping and screening bond for review. (4) Prior to grading, the proponent shall notify the City Engineer, Watershed District, and City Forester. • The following waivers from the City Code are granted as part of the Planned Unit Development District review in the RI-13.5 Zoning District: Front yard setback from 30 feet to 25 feet for Lots 2-11 • Lot size from a minimum of 13,500 square feet to 11,093 square feet on Lot 4 and 12,896 square feet on Lot 5 • Bluff setback from 30 feet to 20 feet for Lots 2-11 Motion carried 4-0. Memorandum To: Mike Franzen, City Planner Scott Kipp, Senior Planner Krista Flemming, Planner I From: Stuart A. Fox, Manager of Parks and Natural Resources Date: September 21, 1999 Subject: Summary of September 20, 1999 Park Commission Meeting The following project was reviewed at the Parks, Recreation, and Natural Resources Commission on September 20, 1999. The vote and comments are as follows: • Brown Addition Approved on a 4-0 vote. The project was approved as detailed in the two staff reports. SidewalklTrail Issue- A 5 foot concrete sidewalk should be built at the back of curb along the private street (24 foot wide) to the east property line (includes the easterly private driveways). The staff is open to an alternative sidewalk alignment for the stairway and creek crossing location. The developer should submit any plans to the staff prior to City Council review/approval of the project. Sept 20 prnrsummary/sfox To: Through: From: Date: Subject: BACKGROUND MEMORANDUM Parks, Recreation and Natural Resources Commission Bob Lambert, Director Parks and Recreation Services Stuart A. F~nager Parks and Natural Resources September 15, 1999 Supplemental Staff Report to the September 10, 1999 City Planner Report for Brown Addition The proposed development is located on 23.87 acres of land east of Settlers Ridge, north of Highway 212, and south of Riley Creek. The concept plan shows subdividing the property into 16 lots. Phase 1 would have 12 lots with an outlot along Riley Creek. Phase 2 would involve the subdivision ofa lot into 4 additional lots and large outlot bordering along Highway 212. NATURAL RESOURCE ISSUES: Tree Loss and Landscaping The majority of the trees on this site are maple, basswood and oak. The largest trees are on the steep slopes along Riley Creek, as well as those facing southward to Highway 212. The portion of this site that is being proposed for roadway and house pad sites is somewhat open and has a mixture of conifer trees that were planted over the last 20 plus years. The tree inventory that has been supplied indicates that there are a total of 57 significant trees on this upper portion for the Phase 1 development. The total number of diameter inches on the site is 877. Tree loss from construction was calculated at 147 diameter inches, or 17% of the significant trees on the site. The tree replacement required to mitigate this loss is 126 caliper inches of landscaping material. The proposed landscape plan indicates that green ash, pin oak, and pine trees would be used as replacement for the trees lost due to construction. The primary deciduous tree is pin oak and the developer is proposing to machine move a number of the pine trees that are already on the site and relocate them around the perimeter. A developer is permitted to use on site trees as long as a landscape bond covering the diameter inches of trees is provided to the City to cover any trees that should die. 1'7 Brown Addition September 15, 1999 2 Shoreland Ordinance The Shore land Ordinance does not apply to this project since none of the lots are within 150 of Riley Creek. Trails and Sidewalks When Settlers Ridge was proposed by Pemtom Land Company, the staff indicated that the eight foot trail to be constructed along south side of the road, now known as Overland Trail, should be continued to the east property line of Settlers Ridge. The master plan was to continue this trail eastward through the Brown property sometime in the future and connect with Dell Road. This would allow those living in the Settlers Ridge area to have walking access to their neighborhood park, Crestwood Park. At the time Settlers Ridge was proposed, several memos indicated that this trail should be continued in the future. A copy of the memo from Bob Lambert to Dan Herbst dated March 23, 1998 and the supplemental staff report for Settlers Ridge dated April 16, 1998 is attached. Staff at the time of making this recommendation realized that this would be a difficult area to traverse, however, since no formalized plans had been brought forth, it is difficult to say what type of trail or sidewalk connection would fit into future development. The proposed Brown Addition land development reduces the size of the road from a public to a private roadway; thereby, reducing the amount of surface area and road right-of-way. In addition, they are asking for a reduction in the setbacks from the City Code of 30 feet to 25 feet. The proposed private drive is 24 feet and is within a 30-foot roadway easement area. This means that three feet on either side of the curb line would be utilized for underground utility service for these homes. Staff has done some preliminary distance estimates for those living within the Settlers Ridge area, if they were to walk to Crestwood Park. The staff calculated distances going out to Pioneer Trail and down Dell Road versus using the internal roads in Settlers Ridge with a connection from Overland Trail through the Brown Addition to Dell Road. On the attached map, the breakpoint for equal distance is just inside the gate to Settlers Ridge on Settlement Drive. However, anyone living within the Settlers Ridge subdivision would have a shorter walking distance to the park by utilizing an internal trail system The people living on the end of Overland Trail have to travel nearly four and a half times the distance if they go out to Pioneer Trail as opposed to walking through the Brown Addition and over to Dell Road. The staff realizes that with the proposed development and existing grades this is a difficult area to traverse. However, staff would propose that the eight foot trail recommendation be reduced to a five foot wide concrete sidewalk placed at the back of the curb on the opposite side of the road from public utilities. This sidewalk would continue eastward to the end of the most easterly lot. This would parallel one or two private driveways at the end of the private street. The staff would then make plans to build a set of stairs, at City expense, down the slope of Outlot B and work with Dr. Brown and the adjacent property owner to secure a sidewalk easement along the driveway that leads to the residence off Dell Road. 13 Brown Addition September 15, 1999 3 In talking with the City Engineering ·Staff, the upgrade plans for Dell Road have not been finalized; however, it is apparent that Dell Road will be upgraded through this area. At that time, a sidewalk would be built to take walkers northward to Crestwood Park. Staff is recommending that this concrete sidewalk be built concurrent with installation of the private street. RECOMMENDATIONS: This project was reviewed by the Planning Commission at its September 13, 1999 meeting as was approved on a 4-0 vote. Staff is recommending approval of the project as per the recommendations of the City Planner Staff Report dated September 10, 1999 and the supplemental recommendations within this staff report. SAF:mdd H:\Brown Addition\Stuart I 9 R.T. Anderson Cons. Area Settlers Ridge & Brown Addition Trails and Park Map .... --.. -g o a: -Q) :0 North ~ ),0 JI Proposed Route For Sidewalk Riley • Walking Distances to Crestwood Park Brown Addition - t North ~ Vi (Copy 01= 'PAG.£ 2.) MEmO ~ &8~e~r 10 D'tlV Het.. 'BST /J.£: S1;TT'l..ER.S 'R.1"bGC :f:>..\1E"b t1'IMtc.tt z ~/ J't<t8 . boundaries ofland to be free of park fees would have to be determined prior to first reading at the City Council. B. If the ultimate plans require a density transfer, the City would accept ownership of an or a portion of this land as a density transfer. C. The developer could consider gifting this land to the City, ifit is be beneficial to the developer. D. The developer could propose a reduced cash park fee on a number of lots and dedicate the land with some restrictions if the end result is a "fuir prop<)sal" for both. parties. TRAIL ISSUES: city staff will be . making the following recommendations regarding trail issues relating to Settlers rudge: 1. 2. 3. 4. 6. Street E should have an eight-foot asphalt trail on the south side, rather than a concrete sidewalk:. Street H shouJd have an eight-foot asphalt trail on the north side to the intersection of Street I and then westerly on the north side of Street I to the site boundary. The City wiD. want to have vehicular access to the City's property from the north in order to provide appro~tely a ten car parking lot. After discussions today regarding the grading that may have to occur on the City property south of Outlot B, staff is recQrnmending the developer take Street C directly into a parking lot on City property. This parking lot can be developed as a part of the grading that has to occur to provide the outlet to Outlot A. Staffbelieves it is critical to have a loop trail system serving this 1arge park site~ The eastern most trail access will enter the park at the southwest comer of Outlot A, adjacent to the parking lot. . The western end of the loop could connect to Street B, approximately 600 feet west of Street F or could come between lots in the cul-d-sac titled Street D. Both access points follow old 13nnroadways and would require 40 foot wide outlots between residential lots. The eight foot trail on the south side of Street A must be extended to the eastern boundary, as the trail eventually should be extended to Dell Road. (The neighborhood park serving this site is on Dell Road.) , . COncm:rent with street construction, the developer will construct an With an eight foot wide trail from Street G through the outlot to existing City property. It will be the responsibility of the developer to screen this trail from the adjacent lots. The trail will be constructed concurrent with the other trails· and City streets. The trail through Outlot D will eventually NURP PondiErosion Control Sup~lemental Staff Report to the Community Development Staff Report of April 10, 1998 for Settler's Ridge 1998 (loPy OF 1'AGEZ) 'DA-71in) "'PelL IfeJ IQ9e, StOIm. water from this site will be channeled by a series of pipes to ponds in various locations on the property. The calculations for each drainage area is being evaluated by the City Engineering Department. The ponding will have to meet City and Watershed District approval prior their construction. The grading plan for this site includes an active erosion control plan. This plan includes stabilization of a number of existing steep sloped areas, as well as utilizing some subdrain rear yard systems. The backyard drainage plan is similar to that which was proposed back in December. The intent is to minimize the amount of rear yard drainage and stabilize several areas wherever erosion has occurred over the last 30 plus years. Sidewalks and Trails Staff is recommending that the trails shown on the preliminary plat/site plan be build concurrent with street construction. In addition, the trail along Pioneer Trail would be constructed to link with future City trails installed along the south side of Pioneer Trail. Trails would be constructed by the developer on Outlot E and Outlot A. The status of the trail/roadway on Outlot C will be discussed later in this memo. The developer's is proposing a small trail system and gazebo on Outlot F, which would be used by individuals living in this subdivision. The trail along Street A ends at the easterly property line. Staff prefers that this street be extended in the future to Dell Road; however, if the street is not extended and ends up cul-de-sacing a trail will be carried eastward to link with Dell Road. Archeological Survey The current archeological survey data is indicated·on plan sheet seven. If the State Archeological Office confirms the location of the burial mound indicated and determines they must be saved, then the lots as shown on the alternative plan would be required. Outlot Dedication/Conservation Easements The City staff would recommend that Outlot A, E, and C be deeded to the City at the time of plating. The City prefers that Outlot D be owned by the City; however, if the ownership is retained by Pemtom a scenic and conservation easement and trail easement should be placed over this lot to protect the wooded slopes, as well as provide for City construction of a trail along the Riley Creek corridor in the future. Staff is also recommending that detailed screening plans be submitted for Outlot A and C to provide maximum screening of park trails and access points from adjacent properties. This could be done utilizing a combination ofberm.s, fences, and trees. Parks, Recreation and Natural Resources Commission September 20, 1999 Page 2 Brown asked about the motion by which the commission asked to have input into the landscaping plan on Shady Oak Estates, and if the plan was already approved. Fox said that the plan has not been finally approved. MOTION: Brown moved to approved the August 2 minutes with clarification to follow regarding the amount of acreage filled on Shady Oak Estates. Wilson seconded the motion. Approved 4-0. Jacobson abstained. IV. PETITIONS. REQUESTS AND COMMUNICATIONS A. None V. DEVELOPMENT PROPOSALS A. Brown Addition The proposal consists subdividing 23.87 acres east of Settler's Ridge and south of Riley Creek into single-family lots. Phase one would consist of 12 lots, with an outlot on Riley Creek. A second phase would consist of four lots with an outlot along Highway 212. The site has 57 significant trees, and the development will result in 17% tree loss. Mitigation calls for 125 caliper inches of landscape material. Ed Hosek of Westwood Engineering explained the proposal on behalf of Dan Herbst and the Brown family. Access will be through Settler's Ridge and will be by private drive with a turn-around. Grading will be reduced as much as possible. The Indian Mounds and the Riley Creek bluffs will have setbacks. Phase one will have 2.66 acres dedicated to the City. Phase two will have 7.01 acres dedicated, totaling 46% of the land dedicated as park and open space. Out the 23 acres involved, grading for the homes will occur on 3.78 of these acres. Fox said that the developer is asking a variance that would allow setbacks of 25 feet instead of 30 feet. Another variance would allow the street to be private. The street in the Brown Addition would have a 24-foot roadtop, with a 30-foot easement, leaving the remaining six feet for utility easements. 28 feet is the standard roadtop to allow for passing and street parking, and the width recommended by the city engineers. A full cul-de-sac or hammerhead is needed for turnaround for large vehicles. Five-foot sidewalks could be placed five foot off the curb, and one foot off the property line. One issue to be resolved is trail construction and accessibility to Crestwood Park .. When Settler's Ridge was proposed, the staff planned for an eight-foot trail that would continue through the Brown property and connect with Dell Road. Lambert said the city policy is to provide that each development have a neighborhood park within one-half mile walking distance. Without a trail through the Brown addition, this goal could not be met. The Parks, Recreation and Natural Resources Commission September 20, 1999 Page 3 staff is recommending that a five-foot sidewalk be put through the Brown addition, which will require steps be built and a bridge be installed to traverse the steepest slope. The city would accept a path along Riley Creek if it were constructed by the developer. One problem is that such a path and stairs would not be cleared of snow in the winter. The city's position is that the developer needs to work out a plan that will accommodate sidewalks for access to Crestwood Park. Koenig asked what the cost of stairs or a bridge would be. Lambert said the city doesn't have an estimate, but $30,000-$50,000 for a bridge is a possibility. Sidewalks with stairs could be $50,000-$70,000. Sidewalks would be paid by the developer, except those that are on city-dedicated land. Koenig said it is not clear how the Indian Burial Mounds will be marked. Fox said the state archeologist will recommend marking as needed, and that the area will be permanently recorded. Koenig asked where the bluff setback lies. Fox said is starts 20 feet from the top of the bluff. There is a 10-foot setback from the Indian Mounds and any structure. All setbacks and conservation easements are recorded on the property title. MOTION: Wilson moved to accept the proposal for the Brown Addition as recommended in the Staff Report of September 1, 1999. Jacobson seconded. Koenig moved to amend the motion to state that: the developer work with city staff to develop an acceptable trail plan. Jacobson seconded the amendment. The amended motion was approved 5-0. VI. OLD BUSINESS A. Three Year Outdoor Center Comparisons Laurie Helling presented a three-year summary of the Staring Lake Outdoor Center programs and building rentals. She presented a series of charts showing comparisons in program offerings, program participation, and revenue and expenditures. The study showed less participation in 1998 winter programs due to lack of cold and snow to support scheduled activities. In regard to revenue and expenditures, net loss is down for for 1999. B. Riley Lake Park Shelter Bids Bids for the Riley Lake Park Shelter were opened September 9, 1999. Four contractors submitted bids. The low bidder was C M Construction, at $219,219. The staff is recommending two alternates to the plan. Alternate one would include a concrete plaza with a brick border. Alternate two includes heavier shingles with a scalloped edge. CITY COUNCIL AGENDA SECTION: Public Hearings SERVICE AREAlDIVlSION: Community Development Donald R. Dram Michael D. Franzen Requested Action Move to: ITEM DESCRIPTION: Research Second Addition • Continue the Public Hearing to October 19, 1999. Synopsis DATE: 10/05/99 ITEM NO.: This is a preliminary plat into two lots, located at 6400 block of Flying Cloud Drive. A waiver for lot size less than 5 acres is required for lot 2 of 4.80 acres to avoid a lot line going through an existing wetland as recommended by the Engineering Division. Background Information At the September 13, 1999, Planning Commission meeting the Planning Commission voted 4-0 to recommend approval ofthe project to the City Council. The Public Hearing Notice did not include action for a PUD District Review, which is required to grant the waiver through adoption of a zoning ordinance. A Public Hearing for the PUD District Review has now been published for the October 19, 1999 City.Council meeting. The City Council should continued this item to the October 19, 1999 City Council meeting so all Council actions may occur at one meeting. CITY COUNCIL AGENDA SECTION: Payment of Claims SERVICE AREAlDIVISION: ITEM DESCRIPTION: Community Development and Payment of Claims Financial ServiceslDon Uram Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 79635 TO 80108 Wire Transfers 272 to 279 Background Information Attachments / DATE: OCTOBER 5, 1999 ITEM NO.: "ill COUNCIL CHECK SUMMARY DIVISION N/A LEGISLATIVE LEGAL COUNSEL CUSTOMER SERVICE BENEFITS TECHNOLOGY FINANCE HUMAN RESOURCES COMMUNICATIONS HUMAN SERV RISK MANAGEMENT WIRELESS COMMUNICATION ENGINEERING INSPECTIONS FACILITIES ASSESSING POLICE FIRE STREETS/TRAFFIC PARK MAINTENANCE FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY DEV COMMUNITY CENTER BEACHES YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION RECREATION ADMIN ADAPTIVE REC OAK POINT POOL PARK FACILITIES PUBLIC IMPROV PROJ DEBT SERVICE PAYMENTS EMPLOYEE PAYROLL DEDUCTIONS CAPITAL IMPROVEMENT PROGRAM CITY CENTER SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS WATER DEPT SEWER DEPT STORM DRAINAGE AGENCY FUNDS TOTAL $5,618.10 $30.00 $12,564.22 $5,423.86 $3,376.81 $30,896.78 $32.00 $1,479.84 $4,428.06 $2,912.50 $656.74 $2,671.40 $11.69 $806.80 $5,602.10 $79.50 $24,279.22 $8,084.68 $127,483.71 $19,639.40 $10,176.00 $3,946.00 $1,753.27 $18,596.68 $140.50 $2,419.78 $2,762.19 $7,089.66 $61.63 $17.16 $85.67 $455.00 $125,284.91 $3,950.00 $70,213.37 $11,861.43 $3,296.45 $987.50 $65,323.16 $54,493.09 $147,676.94 $83,184.94 $213,054.58 $5,514.72 $3,607.20 $1,092,029.24* 29-SEP-1999 (15:18) COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT VENDOR 79635 79636 79637 79638 79639 79640 79641 79642 79643 79644 79645 79646 79647 79648 79649 79650 79651 79652 79654 79655 79656 79657 79658 79659 79660 79661 79662 79663 79664 79665 79666 79667 79668 79669 79670 79671 79672 79673 79674 79675 79676 79677 79678 79679 79680 79681 79684 79685 79686 79687 79688 79689 79690 79691 79692 $350.00 $150.00 $92.19 $607.20 $337.73 $14,688.00 $260.00 $100.00 $510.00 $204.52 $300.00 $233.00 $1,500.07 $16.11 $49.82 $150.00 $100.72 $1,577.28 $984.44 FAHAYS STABLES GASCH III, ROBERT GERTZ, JOHN HENNEPIN COUNTY HUMAN SERVICES -EMSOCS MCF-LINO LAKES OTTERTUNITY INC. PETTY CASH-EPCC PJS SERVICES & PRODUCTS POSTMASTER SLEEPER, DAVID SPECTACLE SHOPPE, THE US WEST COMMUNICATIONS WEEDMAN, NICOLE WERTS, SANDY WESTACOTT, JOEL AMERIPRIDE LINEN & APPAREL SER BELLBOY CORPORATION CENTRAIRE INC $440.37 EAGLE WINE COMPANY $1,391.35 JOHNSON BROTHERS LIQUOR CO $1,300.70 MARK VII $213.62 $1,948.55 $216.20 $1,322.44 $5.50 $50.00 $89.16 $26.25 $19.00 $8.80 $22.00 $13.67 $26.25 $75.00 $39.95 $5,477.79 $52.00 $25.00 $35.00 $75.00 $19.50 $55.00 $40.00 $5,729.93 $75.00 $425.99 $378.12 $12,770.04 $51.64 $153.37 $20.00 $26.25 $220.00 MIDWEST COCA COLA BOTTLING COM PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING BROWN, LAUREN CONRAD, SPENCER CUNNINGHAM, JUDY ELLIS, KIM KIEHNA GOODENOUGH, JUDITH GRISWOLD, DONNA HANAHOE, KATHLEEN HARJES, CHERLY HESSION, CONNOR HOEVE, SCOTT ICMA RETIREMENT TRUST-457 JOHNSON, TRACY KEELER, MIKE KELLY, KATE KREMER, ANDREA LEUTZ, STACY LIU, DONGHEING LONG, CHERYL MINNEGASCO MUTCH, KRISTEN OFFICE MAX OLSON, ROBERT ORCHARD TRUST CO AS TRUSTEE/CU PETTY CASH-NICOLE WEEDMAN PETTY CASH-POLICE DEPT RAMANUJAN, JAYASHREE ROBERTS, CANDACE SCHEDIN, JAMES DESCRIPTION OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL DEPOSITS OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES PETTY CASH AND CHANGE FUND OTHER CONTRACTED SERVICES POSTAGE OTHER CONTRACTED SERVICES PROTECTIVE CLOTHING TELEPHONE OPERATING SUPPLIES-GENERAL MILEAGE AND PARKING OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES MERCHANDISE FOR RESALE CONTRACTED REPAIR & MAINT WINE IMPORTED MERCHANDISE FOR RESALE BEER 6/12 MISC TAXABLE WINE DOMESTIC TOBACCO PRODUCTS MERCHANDISE FOR RESALE BEER 6/12 LESSONS/CLASSES TRAVEL LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES PARKING PERMITS CLOTHING & UNIFORMS DEFERRED COMP LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG PARKING PERMITS LESSONS/CLASSES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG GAS PARKING PERMITS OFFICE EQUIPMENT SCHOOLS DEFERRED COMP OPERATING SUPPLIES-GENERAL POSTAGE LESSONS/CLASSES LESSONS/CLASSES SCHOOLS 3 29-SEP-1999 (15 PROGRAM SUNBONNET DAYS SUNBONNET DAYS SUNBONNET DAYS ESCROW PARK MAINTENANCE WATER SYSTEM MAINTENANCE SUNBONNET DAYS FD 10 ORG SUNBONNET DAYS GENERAL SUNBONNET DAYS FIRE GENERAL PROGRAM SUPERVISOR REC SUPERVISOR SUNBONNET DAYS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAlRE VIEW LIQUOR #3 POOL LESSONS FIRE POOL LESSONS FALL SKILL DEVELOP PRESCHOOL PLAYGROUND ICE ARENA OAK POINT LESSONS POOL LESSONS parking POLICE FD 10 ORG ICE ARENA SPECIAL EVENTS/TRIPS FALL SKILL DEVELOP Parking OAK POINT LESSONS ICE ARENA FALL SKILL DEVELOP FIRE STATION #5 parking INSPECTION-ADMIN IN SERVICE TRAINING FD 10 ORG DAY CAMP GENERAL POOL LESSONS OAK POINT LESSONS IN SERVICE TRAINING COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 79693 79694 79695 79696 79697 79698 79699 79700 79701 79702 79703 79704 79705 79706 79707 79708 79709 79710 79711 79712 79713 79714 79715 79716 79717 79718 79719 79720 79721 79722 79723 79724 79725 79726 79727 79728 79729 79730 79731 79732 79733 79734 79735 79736 79737 79738 79739 79740 79741 79742 79743 79745 79746 79747 79748 $19.00 $75.00 $26.25 $55.00 $1,810.55 $544.00 $2,826.80 $49.70 $380.70 $3,904.95 $35.00 $35.00 $390.00 $15.00 $990.77 $5,597.00 $22.00 $11.00 $35.00 $35.00 $22.00 $70.25 $67.00 $176.13 $5,495.69 $65.00 $68.00 $77.00 $52.00 $22.00 $650.00 $9.07 $132.00 $38.44 $5,539.81 $496.00 $27.30 $293.60 $9,658.14 $37.25 $354.01 $4,907.76 $60.00 $3,608.15 $224.00 $931. 00 $141. 89 $1,068.56 $80.00 $15.00 $3,436.04 $696.40 $182.80 $561. 00 $3,071.16 VENDOR SOKOUNOVA, IRINA SORAN, ALYSA TOEWS, LAURIE VANCLAY, GAYLE DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO MARK VII NORTH STAR ICE THORPE DISTRIBUTING BRADLEY, KIMBERLY BUEL, JENNI COMMISSIONER OF TRANSPORTATION COMPUTER CHEQUE OF MINNESOTA I DAHLGREN SHARDLOW AND UBAN EAST SIDE BEVERAGE COMPANY KNAUF, LEE KRISHNAN, ANANTH LOHAN, LESLIE LONG, CHERYL MANLOVE, LINDA MARTIN, JAMES McKAY, LYNI BURKE MIDWEST COCA COLA BOTTLING COM MINNESOTA STATE TREASURER MRPA NATT, CHERYL & MIKE RAMM, SCOT RYAN, BRIDGET SCHREIER, BARBARA UNIVERSITY OF MINNESOTA VIKING AUTOMATIC SPRINKLER VINTAGE ONE WINES INC WEEDMAN, NICOLE CB RICHARD ELLIS DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY GETTMAN COMPANY JOHNSON BROTHERS LIQUOR CO MARK VII MIDWEST COCA COLA BOTTLING COM PHILLIPS WINE AND SPIRITS INC THORPE DISTRIBUTING DAY DISTRIBUTING MINNESOTA BUREAU OF CRIMINAL A MINNESOTA SUPER CENTER INC PETTY CASH POSTMASTER SNYDER, BRAD STOVRING, LESLIE US WEST COMMUNICATIONS WILSONS NURSERY ALL SAINTS BRANDS DISTRIBUTING DESCRIPTION ADULT/YOUTH/OUTDOOR CTR PROG PARKING PERMITS LESSONS/CLASSES LESSONS/CLASSES BEER 6/12 BEER 6/12 MERCHANDISE FOR RESALE BEER 6/12 MISC TAXABLE BEER 6/12 ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG CONFERENCE OTHER CONTRACTED SERVICES GRANTS-OTHER GOVT UNIT BEER 6/12 ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG BUILDING PERMIT ADULT/YOUTH/OUTDOOR CTR PROG MISC TAXABLE BLDG SURCHARGES CONFERENCE ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG CONFERENCE CASH OVER/SHORT WINE IMPORTED MILEAGE AND PARKING BLDG RENTAL BEER 6/12 BEER 6/12 MISC TAXABLE MERCHANDISE FOR RESALE MISC TAXABLE MISC TAXABLE WINE DOMESTIC BEER 6/12 BEER 6/12 PHYSICAL & PSYCO EXAM INSTRUCTOR SERVICE OTHER REVENUE POSTAGE INSTRUCTOR SERVICE CONFERENCE COMMUNICATIONS LANDSCAPE MTLS & AG SUPPL BEER 6/12 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 EAGLE WINE COMPANY WINE IMPORTED 29-SEP-1999 (15 PROGRAM FALL SKILL DEVELOP Parking OAK POINT LESSONS ICE ARENA PRAIRE VIEW LIQUOR #3 PRAlRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 FALL SKILL DEVELOP FALL SKILL DEVELOP IN SERVICE TRAINING PRAIRIE VILLAGE LIQUOR #1 GUIDE PLAN PRAlRE VIEW LIQUOR #3 FALL SKILL DEVELOP SENIOR CENTER PROGRAM FALL SKILL DEVELOP FALL SKILL DEVELOP FALL SKILL DEVELOP FD 10 ORG FALL SKILL DEVELOP LIQUOR STORE CUB FOODS BUILDING SURCHARGE IN SERVICE TRAINING FALL SKILL DEVELOP SPORTS/SPECIAL CAMPS FALL SKILL DEVELOP FALL SKILL DEVELOP IN SERVICE TRAINING FD 10 ORG PRAIRIE VILLAGE LIQUOR #1 PROGRAM SUPERVISOR PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAlRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 HUMAN RESOURCES SUMMER SKILL DEVELOP FD 10 ORG WATER ACCOUNTING OUTDOOR CTR PROGRAM RECYCLE REBATE POLICE STORM DRAINAGE LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT $~O,597.90 $4,562.69 $2,~83.97 $37.25 $36.00 $536.69 $2,948.56 $5,037.68 $~OO.OO $25.00 VENDOR EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VII NORTH STAR ICE PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC QUALITY WINE & SPIRTS CO FEDERAL RESERVE BANK OF MPLS M.A.P.E.T. DESCRIPTION BEER 6/~2 MERCHANDISE FOR RESALE WINE IMPORTED MISC TAXABLE MISC TAXABLE BEER 6/~2 MERCHANDISE FOR RESALE WINE IMPORTED BOND DEDUCTION DUES & SUBSCRIPTIONS 79749 79750 7975~ 79752 79753 79754 79755 79756 79757 79758 79759 79760 7976~ 79762 79763 79764 79765 79766 79767 79768 79769 79770 7977~ 79783 79784 79785 79786 79787 79788 79789 79790 7979~ 79792 79793 79795 79796 79797 79798 79800 7980~ 79802 79803 79804 79805 79806 79807 79808 79809 798~0 79811 798~2 798~4 798~5 798~6 798~7 $~,~72.96 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD $40.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION $5~,2~6.58 $~08.28 $~,455.94 $48.00 $55.00 $49.50 $75.00 $58.00 $55.00 $75.00 $3~.29 $2,5~7.45 $6,379.96 $6,565.95 $~, 572. ~o $8,424.80 $48.60 $~,808.33 $~07.99 $9,392.05 $505.42 $~,~53.20 $7.~5 $259.48 $288.06 $728.52 $~7.00 $23~.00 $75.00 $42.00 $22.00 $67.89 $25.00 $9.66 $58.00 $48.90 $759.82 $207.00 $~8,597.53 $2,480.~3 $228.09 $~,446.80 $~70.00 PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT AS SEARS COMMERCIAL ONE AVERY, KRIS DAY, ANGELA DONIS, NICOLE ECKSTAM, KEVIN GRIFFIN, SANDY HARRIS, PAMELA HENKENIUS, MIKE LOOBEEK, INA DAY DISTRIBUTING EAGLE WINE COMPANY GRIGGS COOPER & CO LAKE REGION VENDING MARK VII NORTH STAR ICE PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WINE COMPANY, THE AIRTOUCH CELLULAR, BELLEVUE AT&T CORDER, DEAN ELK RIVER CONCRETE PRODUCTS KRAEMERS HARDWARE INC OLEJNIK, LAURA POSTMASTER SAMSTAD, MIKE SELCKE, DEBORAH STRICKLAND, CHRISTINE THIELMAN, MARC TYLER, MARIE WARD, GALE WILMOTH, STEPHANIE AMERIPRIDE LINEN & APPAREL SER BELLBOY CORPORATION EAGLE WINE COMPANY JOHNSON BROTHERS LIQUOR CO MARK VII MIDWEST COCA COLA BOTTLING COM PHILLIPS WINE AND SPIRITS INC THORPE DISTRIBUTING EMPLOYERS PERA PERA WITHHELD OPERATING SUPPLIES-GENERAL LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES PARKING PERMITS LESSONS/CLASSES LESSONS/CLASSES PARKING PERMITS LESSONS/CLASSES BEER 6/~2 WINE IMPORTED MERCHANDISE FOR RESALE TOBACCO PRODUCTS BEER 6/~2 MISC TAXABLE WINE DOMESTIC MERCHANDISE FOR RESALE BEER 6/~2 WINE DOMESTIC TELEPHONE TELEPHONE CLOTHING & UNIFORMS REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL LESSONS/CLASSES POSTAGE PARKING PERMITS LESSONS/CLASSES LESSONS/CLASSES MILEAGE AND PARKING LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES OTHER CONTRACTED SERVICES WINE IMPORTED WINE DOMESTIC MERCHANDISE FOR RESALE BEER 6/~2 MISC TAXABLE WINE IMPORTED BEER 6/~2 5 29-SEP-~999 (~5 PROGRAM PRAIRIE VILLAGE LIQUOR #~ LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #~ PRAlRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #~ PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #~ FD ~O ORG POLICE FD ~O ORG FD ~O ORG FD ~O ORG FD ~O ORG FIRE POOL LESSONS ICE ARENA FITNESS CLASSES Parking ICE ARENA ICE ARENA Parking POOL LESSONS PRAIRIE VILLAGE LIQUOR #~ PRAIRIE VILLAGE LIQUOR #~ PRAIRIE VILLAGE LIQUOR #~ LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #~ PRAIRIE VILLAGE LIQUOR #~ PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS STREET MAINTENANCE PRAIRE VIEW LIQUOR #3 POLICE STORM DRAINAGE EP CITY CTR OPERATING COSTS ICE ARENA SENIOR CENTER PROGRAM Parking POOL LESSONS ICE ARENA GENERAL BUILDING FACILITIES POOL LESSONS ICE ARENA ICE ARENA LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #~ LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT $1,224.53 $224.00 $64.00 $50.00 $25.00 $50.00 $128.05 $650.90 $50.00 $62.90 $25.00 $50.00 $50.00 $270.00 $50.00 $34,249.22 $50.00 $422.06 $99.00 $10.00 $50.00 $50.00 $67.25 $99.00 $25.00 $50.00 $199.02 $1,358.75 $2,455.15 $1,140.90 $160.00 $405.45 $24.66 $4,974.80 $1.l.5.00 $874.16 $1.l.5.00 $1.l.5.00 $79.73 $1.l.5.00 $27.70 $1.l.5.00 $347.97 $2,043.67 $1.l.5.00 $603.79 $203.60 $207.00 VENDOR WINE MERCHANTS INC AARP 55 ALIVE MATURE DRIVING BCA CJIS ID UNIT BECKER, DAVE BERGSTROM, JIM DEMANN, JIM EDEN PRAIRIE, CITY OF FADDEN, TIMOTHY GRIFFITH, BRENT GTE DIRECTORIES GUSTAD, MARK M. LEBLANC, ERIC MILES, BRADLEY MINNESOTA GIS/LIS CONFERENCE MORROW, JAMES NORTHERN STATES POWER CO OLSON, ROBERT ONE WAY BUILDING SERVICE POSTMASTER PRECISION CLEANING REYNOLDS, ROBERTS ROHDE, ANDREW RONS MECHANICAL SKILLPATH SEMINARS VOSBEEK, PETER WEBER, GREGORY J. WYFFELS, BILL DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO MARK VII NORTH STAR ICE PRIOR WINE COMPANY THORPE DISTRIBUTING BISTODEAU, JEFF CHRIST LUTHERAN CHURCH ENGMAN, CHRIS HEALY, STEVE HUEBL, LISA JANOS, JEANINE KLUTE, JOEL MEINERS, CARY MSS HOLDINGS, LLC NORTHERN STATES POWER CO PETERS, LEON SINELL, STEVE CON-WAY TRANSPORTATION SERVICE MIDWEST EXPO 99 DESCRIPTION WINE DOMESTIC SPECIAL EVENTS FEES PROFESSIONAL SERVICES SCHOOLS SCHOOLS SCHOOLS UTILITIES SCHOOLS SCHOOLS ADVERTISING SCHOOLS SCHOOLS SCHOOLS TRAVEL SCHOOLS ELECTRIC SCHOOLS BUILDING PERMIT POSTAGE FIRE PREVENTION PERMIT SCHOOLS SCHOOLS MECHANICAL PERMIT CONFERENCE SCHOOLS SCHOOLS TRANSPORTATION BEER 6/12 BEER 6/12 BEER 6/12 BEER 6/12 MISC TAXABLE WINE DOMESTIC BEER 6/12 SPECIAL EVENTS FEES DEPOSITS SPECIAL EVENTS FEES SPECIAL EVENTS FEES MILEAGE AND PARKING SPECIAL EVENTS FEES OPERATING SUPPLIES-GENERAL SPECIAL EVENTS FEES DEPOSITS PRINCIPAL SPECIAL EVENTS FEES TRAVEL FURNITURE & FIXTURES TRAVEL 79818 79819 79820 79821 79822 79823 79824 79825 79826 79827 79828 79829 79830 79831 79832 79833 79834 79835 79836 79837 79838 79839 79840 79841 79842 79843 79844 79845 79846 79847 79848 79849 79850 79851 79852 79853 79854 79855 79856 79857 79858 79859 79860 79861 79862 79863 79864 79865 79866 79867 79868 79869 79870 79871 79872 $88.99 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES $1,583.65 $1,943.30 $1,079.22 $10,157.52 $239.00 $20,865.88 DAHLHEIMER DISTRIBUTING COMPAN DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO BEER 6/12 BEER 6/12 WINE IMPORTED BEER 6/12 WINE IMPORTED MERCHANDISE FOR RESALE 29-SEP-1999 (15 PROGRAM LIQUOR STORE CUB FOODS SENIOR CENTER PROGRAM FINANCE DEPT POLICE POLICE POLICE LIQUOR STORE CUB FOODS IN SERVICE TRAINING POLICE LIQUOR STORE CUB FOODS POLICE POLICE POLICE IN SERVICE TRAINING POLICE WATER TREATMENT PLANT POLICE FD 10 ORG GENERAL FD 10 ORG POLICE POLICE FD 10 ORG IN SERVICE TRAINING POLICE POLICE POLICE LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 SOFTBALL ESCROW SOFTBALL SOFTBALL TREE DISEASE SOFTBALL ICE ARENA SOFTBALL ESCROW TRAFFIC SIGNALS SOFTBALL IN SERVICE TRAINING FURNITURE ACCOUNT PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 79874 79877 79878 79880 79881 79882 79884 79885 79886 79887 79888 79889 79890 79891 79892 79893 79894 79895 79896 79897 79898 79899 79900 79901 79902 79903 79904 79905 79906 79907 79908 79909 79910 79911 79912 79913 79914 79915 79916 79917 79918 79919 79920 79921 79922 79923 79924 79925 79926 79927 79928 79929 79930 79931 79932 $16,640.01 $2,617.38 $7,571.83 $423.20 $2,340.34 $9,627.03 $852.66 $437.50 $26.25 $96,826.00 $179.49 $21. 00 $4.40 $16.00 $27.00 $16.00 $14.25 $240.75 $63.00 $13.37 $2,548.70 $30.00 $79.50 $112.84 $10,995.14 $234.88 $66.22 $2,939.00 $4,047.00 $356.56 $30.27 $402.10 $5,004.00 $325.00 $1,483.58 $1,899.63 $8,132.79 $842.27 $198.45 $74.77 $1,736.46 $195.27 $1,210.96 $14,662.45 $960.30 $48.00 $324.95 $4,433.80 $60.00 $165.18 $43.34 $186.45 $497.82 $164.53 $1,496.33 VENDOR JOHNSON BROTHERS LIQUOR CO PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO WINE COMPANY, THE WINE MERCHANTS INC ALLEN, SARAH BARBAROSSA AND SONS INC CRACAUER, CLIFF EGGINTON, MRS. GREGG GOODENOUGH, JUDITH HANSON, KAREN HILLARD, LAUREL JACOBSON, DONALD KENDALL, LISA NASH KRAEMERS HARDWARE INC McKAY, LYNI BURKE PARAGON CABLE POSTMASTER SENSIBLE LAND USE COALITION SINELL, STEVE SORENSEN, ED SRF CONSULTING GROUP INC THERKELSEN, GARY US WEST COMMUNICATIONS VALLEY RICH CO INC VAN WATERS & ROGERS INC WASTE MANAGEMENT-SAVAGE MN WEEDMAN, NICOLE ALL SAINTS BRANDS DISTRIBUTING DAY DISTRIBUTING GRAPE BEGINNINGS GRIGGS COOPER & CO LAKE REGION VENDING MARK VII MIDWEST COCA COLA BOTTLING COM NORTH STAR ICE PEPSI COLA COMPANY PHILLIPS WINE AND SPIRITS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WINE MERCHANTS INC ALAN SHILEPSKY CONSULTING INC AMERICAN WATER WORKS ASSOCIATI ANCHOR PRINTING COMPANY ARCHITECTURAL DIGEST ARMOR SECURITY INC ASPEN REACH EQUIPMENT COMPANY AUTO ELECTRIC SPECIALISTS AZTECH EMBROIDERY SERVICES BAUER BUILT TIRE AND BATTERY BECKER ARENA PRODUCTS INC DESCRIPTION WINE DOMESTIC WINE IMPORTED WINE IMPORTED TOBACCO PRODUCTS WINE IMPORTED WINE IMPORTED WINE DOMESTIC WINE DOMESTIC LESSONS/CLASSES IMPROVEMENT CONTRACTS MILEAGE AND PARKING SR CITIZENS/ADULT PROG FEES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES SR CITIZENS/ADULT PROG FEES ADULT/YOUTH/OUTDOOR CTR PROG REPAIR & MAINT SUPPLIES SR CITIZENS/ADULT PROG FEES CABLE TV POSTAGE CONFERENCE MILEAGE AND PARKING MILEAGE AND PARKING DESIGN & CONST CONFERENCE TELEPHONE CONTRACTED REPAIR & MAINT CHEMICALS WASTE DISPOSAL OPERATING SUPPLIES-GENERAL BEER 6/12 BEER 6/12 WINE DOMESTIC MERCHANDISE FOR RESALE TOBACCO PRODUCTS BEER 6/12 MISC TAXABLE MISC TAXABLE MISC TAXABLE WINE DOMESTIC WINE IMPORTED WINE IMPORTED BEER 6/12 WINE DOMESTIC OTHER CONTRACTED SERVICES TRAINING SUPPLIES PRINTING DUES & SUBSCRIPTIONS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS CONTRACTED REPAIR & MAINT CLOTHING & UNIFORMS EQUIPMENT PARTS REPAIR & MAINT SUPPLIES 7 29-SEP-1999 (15 PROGRAM PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS POOL LESSONS WALLACE RD COLLECTOR LINE EQUIPMENT MAINTENANCE SENIOR CENTER PROGRAM SUMMER SKILL DEVELOP ACTIVITY CAMP SENIOR CENTER PROGRAM SENIOR CENTER PROGRAM SUMMER SKILL DEVELOP EP CITY CTR OPERATING COSTS ADULT PROGRAM COMMUNITY SERVICES GENERAL COUNCIL ASSESSING-ADMIN WATER UTILITY-GENERAL TRAFFIC SIGNAL-MITCHELL RD POLICE FIRE WATER SYSTEM MAINTENANCE WATER TREATMENT PLANT PRAIRIE VILLAGE LIQUOR #1 AFTER SCHOOL PROGRAM LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAlRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS EQUIPMENT MAINTENANCE WATER UTILITY-GENERAL COMMUNITY SERVICES GENERAL BUILDING FACILITIES OUTDOOR CENTER-STARING LAKE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE RILEY LAKE-BEACH EQUIPMENT MAINTENANCE ICE ARENA COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 79933 79934 79935 79938 79939 79940 79941 79942 79943 79944 79945 79946 79947 79949 79950 79951 79952 79953 79954 79955 79956 79957 79958 79959 79960 79961 79962 79963 79964 79965 79966 79970 79971 79972 79973 79974 79975 79976 79977 79978 79979 79980 79981 79982 79983 79985 79986 79987 79988 79989 79990 79991 79992 79993 79994 $686.93 $118.36 $6,132.42 $17,455.00 $109.77 $1,203.62 $24.48 $878.63 $537.00 $2,451.40 $1,777.11 $1,007.24 $742.85 $115.02 $7,009.83 $539.10 $346.74 $524.94 $41l. 02 $382.02 $4,838.11 $52.19 $908.00 $24.00 $59.48 $190.00 $23.14 $236.43 $260.00 $4.36 $1,019.53 $1,116.60 $242.82 $299.40 $50.00 $2,912.50 $555.75 $1,904.00 $9,282.57 $342.71 $82.50 $37.28 $222.59 $45.00 $788.04 $73.38 $74.98 $483.00 $50.00 $220.00 $665.00 $29.50 $240.00 $150.00 $330.31 VENDOR BENIEK, BRIAN BFI BIFFS INC BLOOMINGTON, CITY OF BOARMAN KROOS PFISTER VOGEL & BOB GILBERTSON ADVERTISING BROADWAY AWARDS BROWN TRAFFIC PRODUCTS INC BROWN, PAUL CAPITOL COMMUNICATIONS CATCO CLUTCH & TRANSMISSION SE CEMSTONE CHANHASSEN BUMPER TO BUMPER CLAREYS INC CLEAN SWEEP INC COMPRESS AIR & EQUIPMENT CO CONNEY SAFETY PRODUCTS CONSOLIDATED PLASTICS COMPANY CONTINENTAL SAFETY EQUIPMENT CUB FOODS EDEN PRAIRIE CUTLER-MAGNER COMPANY D.J.'S MUNICIPAL SUPPLY CO DALCO ROOFING & SHEET METAL IN DALE GREEN COMPANY, THE DANKO EMERGENCY EQUIPMENT CO DAVIS, JORDAN W DAY-TIMER DECORATIVE DESIGNS INC DEM CON LANDFILL INC DISCOUNT SCHOOL SUPPLY DRISKILLS NEW MARKET EARL F ANDERSEN INC ECOLAB INC EDEN PRAIRIE CLEANERS-REGAL CL EDEN PRAIRIE NEWS EDEN PRAIRIE SCHOOL DISTRICT N EDINA SW PLUMBING DESCRIPTION OTHER CONTRACTED SERVICES WASTE DISPOSAL WASTE DISPOSAL COMPUTERS BUILDING FIRE PREVENTION SUPPLIES AWARDS SMALL TOOLS OTHER CONTRACTED SERVICES RADIOS EQUIPMENT PARTS ASPHALT OVERLAY EQUIPMENT PARTS CONTRACTED EQUIP REPAIR SEAL COATING CONTRACTED CONTRACTED EQUIP REPAIR SAFETY SUPPLIES OPERATING SUPPLIES-GENERAL SAFETY SUPPLIES EMPLOYEE AWARD CHEMICALS OPERATING SUPPLIES-GENERAL CONTRACTED BLDG REPAIRS LANDSCAPE MTLS & AG SUPPL TRAINING SUPPLIES OTHER CONTRACTED SERVICES OFFICE SUPPLIES OTHER CONTRACTED SERVICES WASTE DISPOSAL OPERATING SUPPLIES-GENERAL REC EQUIP & SUPPLIES OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT CLOTHING & UNIFORMS DUES & SUBSCRIPTIONS PROFESSIONAL SERVICES CONTRACTED EQUIP REPAIR EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL FACILITY SYSTEMS INC FIDELITY PRODUCTS CO FINLEY BROS INC FORCE AMERICA G & K SERVICES-MPLS INDUSTRIAL GALAXY COMPUTER SERVICES GENUINE PARTS COMPANY GINA MARIAS INC GLENWOOD INGLEWOOD GOPHER STATE ONE-CALL INC GOVERNMENT FINANCE OFFICERS AS H.M. CRAGG CO HAMILTON, MICHAEL HARRIS-BILLINGS COMPANY HAWKINS WATER TREATMENT GROUP HENDERSON, JOSH HENNEPIN COUNTY liT DEPT OPERATING SUPPLIES-GENERAL SMALL TOOLS OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS CLEANING SUPPLIES CONTRACTED REPAIR & MAINT EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES DUES & SUBSCRIPTIONS CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES CHEMICALS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES 8 29-SEP-1999 (15 PROGRAM COMMUNITY CENTER STARING LAKE PARK MAINTENANCE POLICE FIRE STATION CONSTRUCTION FIRE RACQUETBALL TRAFFIC SIGNALS PARK FACILITIES WIRELESS COMMUNICATION EQUIPMENT MAINTENANCE STREET MAINTENANCE EQUIPMENT MAINTENANCE SEWER SYSTEM MAINTENANCE STREET MAINTENANCE FIRE STATION #1 EQUIPMENT MAINTENANCE WATER TREATMENT PLANT SAFETY HUMAN RESOURCES WATER TREATMENT PLANT STREET MAINTENANCE FIRE STATION #3 TRAILS FIRE SOFTBALL REC SUPERVISOR WATER TREATMENT PLANT WESTGATE PARK ACTIVITY CAMP AFTERNOON ADVENTURE PARK MAINTENANCE EPCC MAINTENANCE POLICE WATER UTILITY-GENERAL HOUSING, TRANS, & SOC SVC FIRE STATION #1 TREE REMOVAL FIRE GENERAL BUILDING FACILITIES PARK MAINTENANCE EQUIPMENT MAINTENANCE WATER TREATMENT PLANT INFORMATION SYSTEM EQUIPMENT MAINTENANCE POLICE FITNESS CENTER WATER SYSTEM MAINTENANCE IN SERVICE TRAINING WIRELESS COMMUNICATION SOFTBALL EPCC MAINTENANCE WATER TREATMENT PLANT BASKETBALL INFORMATION SYSTEM COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 79995 79996 79997 79998 79999 80000 80001 80002 80003 80004 80005 80006 80007 80008 80009 80010 80011 80012 80013 80014 80015 80016 80017 80019 80020 80021 80022 80023 80024 80025 80026 80027 80028 80029 80030 80031 80033 80034 80035 80036 80037 80038 80039 80040 80041 80042 80043 80044 80045 80046 80047 80048 80049 80050 80051 $1,158.75 $402.60 $444.71 $49.74 $113.97 $11,746.83 $412.50 $17,330.00 $91. 25 $462.46 $422.55 $400.00 $75.00 $140.23 $609.90 $12,614.22 $109.99 $347.24 $18,985.45 $69.12 $904.66 $855.00 $448.00 $210.87 $92.00 $468.87 $202.48 $599.60 $207,684.34 $163.11 $4,115.62 $4,447.49 $28.95 $114.32 $20.00 $3,122.70 $56.51 $760.00 $33.71 $1,887.92 $210.87 $22.37 $1,819.02 $82.70 $71.54 $633.00 $1,709.00 $200.12 $413.21 $282.19 $258.80 $935.00 $75.00 $3,423.37 $570.00 VENDOR HENNEPIN COUNTY TREASURER HERC U LIFT HUMAN SERVICES -EMSOCS ICI DULUX PAINT CTRS IKON OFFICE SOLUTIONS* INACOM CENTRAL AREA INFRATECH INGRAM EXCAVATING INC J H LARSON ELECTRICAL COMPANY J&R RADIATOR CORP JANEX INC KENNETH COMPANIES INC KERBER, ED LAB SAFETY SUPPLY INC LAKELAND FORD TRUCK SALES LANG PAULY GREGERSON AND ROSOW LDV LIFE SAFETY SYSTEMS LooIS LOUGHREY, SEAN M & E ENGINEERING MAPLE GROVE, CITY OF MATTS AUTO SERVICE INC MAXI-PRINT INC MEDTOX MENARDS MERLINS ACE HARDWARE METRO SALES INCORPORATED* METROPOLITAN COUNCIL ENVIRONME METROPOLITAN FORD MICHAEL WILKUS JEFFREY RAPP AR MIDWEST ASPHALT CORPORATION MIKE'S SHOE REPAIR INC MINNESOTA BUSINESS FORMS MINNESOTA STATE COLLEGES AND U MINNESOTA VIKINGS FOOD SERVICE MTI DISTRIBUTING CO NEUMANN, NEAL NORTH COUNTRY BUSINESS PRODUCT NORTH STAR TURF SUPPLY OHLIN SALES OLSEN CHAIN & CABLE CO INC OUTDOOR ENVIRONMENTS INC PAPER DIRECT INC PAPER WAREHOUSE PEPSI COLA COMPANY PETERSON ENVIRONMENTAL CONSULT PETSMART PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PUBLIC SAFETY EQUIPMENT CO PURDIE, KRISTY QUALITY FLOW SYSTEMS INC R & S HEATING & Alc INC DESCRIPTION OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES RENTALS COMPUTERS CONTRACTED REPAIR & MAINT IMPROVEMENTS TO LAND REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT CLEANING SUPPLIES OPERATING SUPPLIES-GENERAL LANDSCAPE MTLS & AG SUPPL REPAIR & MAINT SUPPLIES EQUIPMENT PARTS LEGAL SERVICE NEW CAR EQUIPMENT CONTRACTED BLDG REPAIRS LOGIS SERVICE SMALL TOOLS PROFESSIONAL SERVICES RENTALS CONTRACTED REPAIR & MAINT PRINTING PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL RENTALS WASTE DISPOSAL EQUIPMENT PARTS DESIGN & CONST PATCHING ASPHALT PROTECTIVE CLOTHING OFFICE SUPPLIES DUES & SUBSCRIPTIONS MISCELLANEOUS EQUIPMENT PARTS OTHER CONTRACTED SERVICES LOGIS SERVICE LANDSCAPE MTLS & AG SUPPL REPAIR & MAINT SUPPLIES EQUIPMENT PARTS OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL MERCHANDISE FOR RESALE PROFESSIONAL SERVICES CANINE SUPPLIES CONTRACTED EQUIP REPAIR SMALL TOOLS OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT CONTRACTED REPAIR & MAINT 9 29-SEP-1999 (15 PROGRAM COMMUNITY DEVELOPMENT EQUIPMENT MAINTENANCE PARK MAINTENANCE EATON BLDG FIRE INFORMATION SYSTEM SEWER SYSTEM MAINTENANCE TEMAN PROPERTY EATON BLDG EQUIPMENT MAINTENANCE SENIOR CENTER CEMETERY OPERATION PARK MAINTENANCE FIRE STATION #1 EQUIPMENT MAINTENANCE LEGAL COUSEL EQUIPMENT MAINTENANCE EATON BLDG SEWER UTILITY-GENERAL EQUIPMENT MAINTENANCE EP CITY CTR OPERATING COSTS POLICE EQUIPMENT MAINTENANCE POLICE SAFETY GENERAL BUILDING FACILITIES PARK MAINTENANCE GENERAL SEWER UTILITY-GENERAL EQUIPMENT MAINTENANCE FACILITIES-CITY CENTER REMODEL STREET MAINTENANCE FIRE GENERAL FIRE GENERAL BUILDING FACILITIES EQUIPMENT MAINTENANCE SOFTBALL INFORMATION SYSTEM PRESERVE PARK EP CITY CTR OPERATING COSTS SEWER SYSTEM MAINTENANCE PARK MAINTENANCE AQUATICS & FITNESS SUPERV POLICE CONCESSIONS WETLAND DATABASE DEVELOPMENT POLICE WATER TREATMENT PLANT PARK MAINTENANCE FIRE POLICE VOLLEYBALL SEWER LIFTSTATION EPCC MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 80052 80053 80054 80055 80056 80057 80058 80059 80060 80061 80062 80063 80064 80065 80066 80067 80068 80069 80070 80071 80072 80073 80074 80075 80076 80077 80078 80079 80080 80081 80082 80083 80084 80085 80086 80087 80088 80089 80090 80091 80092 80093 80094 80095 80096 80097 80098 80099 80100 80101 80102 80103 80104 80105 80106 $1,254.00 $1,310.00 $369.45 $192.00 $58.99 $18,736.61 $173.95 $150.00 $255.00 $559.99 $255.00 $5,767.02 $168.00 $356.44 $37.30 $378.91 $6,002.00 $234.30 $231. 89 $180.00 $42.51 $4,416.23 $82.00 $66.54 $2,442.40 $150.95 $14.67 $317.28 $208.00 $164.75 $276.53 $40.00 $108.52 $61. 50 $62.50 $323.40 $4.22 $3,273.74 $266.25 $115.00 $200.00 $73.76 $2,382.38 $895.66 $3,950.00 $1,508.60 $32.39 $101,577.89 $750.32 $10.00 $233.24 $80.82 $549.19 $155.25 $268.38 RAY, LEE RE FRITZ VENDOR REBS MARKETING RESPOND SYSTEMS* RIGID HITCH INCORPORATED RMR SERVICES INC ROADRUNNER TRANSPORTATION INC S/K WELL & PUMP INSPECTIONS SCHEWE, JILL SE-ME INC SENIOR COMMUNITY SERVICES SHAKOPEE VALLEY PRINTING SHRED-IT SIR SPEEDY SMITH & WESSON ACADEMY SNAP-ON TOOLS SNELL MECHANICAL INC SOUTHWEST CONTRACTORS SUPPLY SOUTHWEST SUBURBAN PUBLISHING- SPECTRUM LABS INC ST CROIX RECREATION CO INC STAIRMASTER SPORTS/MEDICAL PRO STRAND MANUFACTURING CO INC STREICHERS STS CONSULTANTS LTD SUBURBAN CHEVROLET GEO SUBURBAN PROPANE SUBURBAN TIRE & AUTO SERVICE I SUN NEWSPAPERS SURVIVAL INK CORP TAB PRODUCTS CO TELEPHONE ANSWERING CENTER INC THE ICE MAN/C02 SERVICES THERMOGAS COMPANY THUNDER COMMUNICATIONS TIERNEY BROS INC TIMBERWALL LANDSCAPING INC TKDA TOTAL REGISTER TRANS ALARM INC TWIN CITY AREA LABOR MGMT COUN TWIN CITY OXYGEN CO UNIFORMS UNLIMITED UNLIMITED SUPPLIES INC US BANK US FILTER/WATERPRO US OFFICE PRODUCTS VALLEY PAVING INC VESSCO INC W GORDON SMITH COMPANY, THE W W GRAINGER INC WATER SPECIALITY OF MN INC WATSON CO INC, THE WESTACOTT, JOEL WILSONS NURSERY DESCRIPTION OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES SAFETY SUPPLIES EQUIPMENT PARTS OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT CONTRACTED EQUIP REPAIR OTHER CONTRACTED SERVICES PHOTO SUPPLIES OTHER CONTRACTED SERVICES PRINTING OTHER CONTRACTED SERVICES PRINTING CONTRACTED REPAIR & MAINT SMALL TOOLS REPAIR & MAl NT SUPPLIES EQUIPMENT PARTS EMPLOYMENT ADVERTISING OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES OTHER EQUIPMENT CONTRACTED EQUIP REPAIR TRAINING SUPPLIES PROFESSIONAL SERVICES EQUIPMENT PARTS MOTOR FUELS TIRES EMPLOYMENT ADVERTISING OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES CHEMICALS MOTOR FUELS OTHER CONTRACTED SERVICES NEW CAR EQUIPMENT BUILDING MATERIALS PROFESSIONAL SERVICES OFFICE EQUIPMENT CONTRACTED BLDG REPAIRS OTHER CONTRACTED SERVICES LUBRICANTS & ADDITIVES NEW CAR EQUIPMENT EQUIPMENT PARTS PAYING AGENT EQUIPMENT PARTS OFFICE SUPPLIES ASPHALT OVERLAY EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL CLEANING SUPPLIES CHEMICALS MERCHANDISE FOR RESALE OFFICE SUPPLIES LANDSCAPE MTLS & AG SUPPL /0 29-SEP-1999 (15 PROGRAM SOFTBALL FIRE WATER ACCOUNTING GENERAL EQUIPMENT MAINTENANCE WATER METER READING EQUIPMENT MAINTENANCE WATER WELL #11 SENIOR WEB SITE POLICE SENIOR WEB SITE COMMUNITY BROCHURE GENERAL COMMUNITY SERVICES POLICE EQUIPMENT MAINTENANCE ICE ARENA EQUIPMENT MAINTENANCE HUMAN RESOURCES ROUND LAKE MILLER PARK CC CAPITAL OUTLAY SEWER LIFTSTATION POLICE BEARPATH BOG MONITORING EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE HUMAN RESOURCES POLICE INSPECTION-ADMIN WATER TREATMENT PLANT POOL MAINTENANCE ICE ARENA SENIOR WEB SITE EQUIPMENT MAINTENANCE COMMUNITY CENTER WATER UTILITY-GENERAL PRAIRE VIEW LIQUOR #3 FACILITIES-CITY CENTER REMODEL HUMAN RESOURCES EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE CITY CENTER DEBT FD WATER METER REPAIR WATER UTILITY-GENERAL STREET MAINTENANCE WATER TREATMENT PLANT WATER UTILITY-GENERAL GENERAL BUILDING FACILITIES POOL MAINTENANCE CONCESSIONS COMMUNITY SERVICES COMMUNITY CENTER COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT VENDOR 80107 80108 $3,289.34 WORK CONNECTION, THE $950.00 ZIEGLER INC $1,092,029.24* DESCRIPTION OTHER CONTRACTED SERVICES EQUIPMENT RENTAL 1/ 29-SEP-1999 (15 PROGRAM PARK MAINTENANCE JULy 4TH CELEBRATION COUNCIL CHECK SUMMARY DIVISION HUMAN RESOURCES FACILITIES POLICE FIRE FLEET SERVICES COMMUNITY CENTER BEACHES YOUTH RECREATION OAK POINT POOL PARK FACILITIES PUBLIC IMPROV PROJ DEBT SERVICE PAYMENTS EMPLOYEE PAYROLL DEDUCTIONS SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS WATER DEPT STORM DRAINAGE TOTAL $1. 87 $11.31 $1,227.18 $18.62 $481.37 $2,463.35 $86.04 $23.45 -$260.16 -$120.86 $12.48 $82,353.75 $267,831.80 $26.00 $11,047.81 $10,983.01 $26,190.25 $976.66 $195.00 $403,548.93* 30-SEP-1999 (08:13) COUNCIL CHECK REGISTER 30-SEP-l999 (08 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 272 $l08,893.70 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD lO ORG 273 $58,689.l5 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD lO ORG 274 $58,689.l5 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD lO ORG 275 $4l,558.98 MINNESOTA DEPT OF REVENUE STATE TAXES WITHHELD FD lO ORG 276 $329.20 MINNESOTA DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE 277 $53,035.00 MINNESOTA DEPT OF REVENUE SALES TAX PAYABLE FD lO ORG 278 $35,9l5.00 FIRST TRUST NATL ASSOC CASH OVER/SHORT B & I PAYMENTS 279 $46,438.75 FIRSTAR TRUST COMPANY INTEREST 1997A G.O. REFUNDING BONDS $403,548.93* /3 CITY COUNCIL AGENDA SECTION: Appointments SERVICE AREA/DIVISION: Administration Chris Enger Requested Action Move to: ITEM DESCRIPTION: Appointment to New Planning Board Appoint to the new Community Planning Board: DATE: 10105/99 ITEM NO.: XI. A. Randy Foote, Vicki Koenig, Beverly Alexander, Marvin Cofer, Franz Comeille, Katherine Kardell, and Ray Stoelting to terms effective January 1, 2000, through March 31, 2000. Rebecca Lewis and Kenneth Clinton to terms effective January 1,2000 through March 31, 2001. Synopsis: Council approved the process and criteria for appointment to the new Community Planning Board at their September 21, 1999 meeting. The slate of candidates reflects the Council's action. These appointments create a Community Planning Board of the appropriate diverse backgrounds while providing continuity during transition. Future appointments will follow the City's normal Board & Commission appointment process. CITY COUNCIL AGENDA DAT E: 10105/99 SECTION: Report of City Manager SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITE MNO.: City Manager Set Special Date for Capital Improvement Plan XII. B. 1. Workshop Requested Action Move to: Approve November 9, 1999, as the Special Meeting Date for Capital Improvement PI an Workshop. Meeting time is set for 5:00 -7:30 p.m. at City Center . . ...