HomeMy WebLinkAboutCity Council - 05/05/1998CITY COUNCILIST AFF TOUR OF WATER PLANT
TUESDAY, MAY 5,1998
CITY COUNCIL:
CITY COUNCIL STAFF:
I. ROLL CALL
II. TOUR OF WATER PLANT
III. ADJOURNMENT
6:00 PM, WATER PLANT
(5:30 PM Dinner at Water
Plant)
7905 MITCHELL ROAD
Mayor Jean Harris, Sherry
Butcher-Younghans, Ronald
Case, Ross Thorfinnson, Jr.,
and Nancy Tyra-Lukens
City Manager Carl J. Jullie,
Assistant City Manager Chris
Enger, Director of Parks,
Recreation & Natural
Resources Bob Lambert, City
Engineer AI Gray, Utilities
Supervisor Ed Sorensen,
Director of Public Safety Jim
Clark, Director of Assessing
Steve Sinell, Director of
Inspections Kevin Schmieg,
Director of Human Resources
& Community Services Natalie
Swaggert, Facilities Manager
Barbara Cross and Director of
Finance Don Uram
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 5,1998
CITY COUNCIL:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLL CALL
7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Sherry
Butcher-Younghans, Ronald Case,
Ross Thorfinnson, Jr., and Nancy
Tyra-Lukens
City Manager Carl J. Jullie,
Assistant City Manager Chris
Enger, Director of Parks, Recreation
& Natural Resources Bob Lambert,
Director of Public Works Eugene
Dietz, City Attorney Roger Pauly,
and Council Recorder Jan Nelson
PROCLAMATION FOR SENIOR AWARENESS WEEK
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. OPEN PODIUM
III. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY. APRIL 21.
1998
B. CITY COUNCIL MEETING HELD TUESDAY. APRIL 21.1998
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVAL OF REQUEST OF BID FOR NEW LOCKERS AT THE
COMMUNITY CENTER
C. ADOPTION OF RESOLUTION ESTABLISHING POLLING PLACES
D. APPROVAL OF REQUEST FOR GOOSE ROUNDUP AT
WINDSONG APARTMENT COMPLEX
City Council Agenda
May 6,1998
Page Two
E. APPROVE MOTION TO NAME THE EDUCATION SPACE WITHIN
THE WATER TREATMENT PLANT EXPANSION AREA AS
"ENVIRONMENTAL LEARNING CENTER"
F. ADOPT RESOLUTION AWARDING CONTRACT FOR 1998
SEALCOAT. I.C. 98-5457
G. ADOPT RESOLUTION AWARDING CONTRACT FOR UTILITY
TRACTOR. I.C. 98-5460
H. ADOPT RESOLUTION RECEIVING PETITION AND ORDERING
FEASIBILITY STUDY FOR LINCOLN LANE PAVING. I.C. 52-196
I. ADOPT RESOLUTION RECEIVING PETITION FOR STORM
SEWER IMPROVEMENTS ON FULLER ROAD AND ORDER
FEASIBILITY STUDY. I.C. 98-5461
J. ADOPT RESOLUTION RECEIVING PETITION AND ORDERING
FEASIBILITY STUDY FOR FOREST HILL ROAD
IMPROVEMENTS. I.C. 98-5466
K. PROCLAMATION PROCLAIMING MAY 14.1998 AS "DAVE
ANDERSON DAY" IN THE CITY OF EDEN PRAIRIE
V. PUBLIC HEARINGS
A. SETTLERS RIDGE by Settlers Ridge Limited Partnership (Pemtom).
Request for Comprehensive Guide Plan Change from Low Density
Residential to Medium Density Residential on 11.77 acres, Planned
Unit Development Concept Review on 112 acres, Planned Unit
Development District Review on 112 acres, Rezoning from Rural to
RM-6.5, R1-9.5 and R1-13.5 on 112 acres, Site Plan Review on
11.77 acres and Preliminary Plat on 112 acres into 227 lots and 4
outlots. Location: South of Pioneer Trail and west of Riley Creek.
(Resolution for Comprehensive Guide Plan Change, Resolution
for PUD Concept Review, Ordinance for PUD District Review
and Zoning District Change, and Resolution for Preliminary
Plat)
B. ORDER IMPROVEMENTS AND PREPARATION OF PLANS AND
SPECIFICATIONS FOR PIONEER TRAIL SANITARY SEWER AND
WATER. I.C. 98-5458 (Resolution)
City Council Agenda
Tuesday, May, 1998
Page Three
C. FLYING CLOUD OFFICE BUILDING by Mount Properties. Request
for Zoning District Change from C-Hwy to Office on 1.26 acres with
variances to be reviewed by the Board of Appeals, Site Plan Review
on 1.26 acres and Preliminary Plat of 1.26 acres into 1 lot. Location:
6608 Flying Cloud Drive. (Ordinance for Zoning District Change
and Resolution for Preliminary Plat)
VI. PAYMENT OF CLAIMS
VII. ORDINANCES AND RESOLUTIONS
VIII. PETITIONS. REQUESTS AND COMMUNICATIONS
A. APPROVE LAYOUT PLAN FOR CSAH 1 FROM HENNEPIN
TOWN ROAD TO TH 212, I.C. 5369 (Resolution)
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. ARTS COMMISSION -Strategic Planning Process
B. BOARD OF ADJUSTMENTS & APPEALS Request City Council to
set June 2, 1998 to Review the Board of Adjustments & Appeals
decision on Appeal #98-06 by Richard Haefele (fee owner) and
Jennifer Coughlin (Solid Foundations Program Director), at 7170
Bryant Lake Drive.
C. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember
Nancy Tyra-Lukens)
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. REPORT ON CITY MANAGER'S APPOINTMENT
(Councilmembers Ross Thorfinnson, Jr. and Ron Case)
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL
RESOURCES
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
City Council Agenda
Tuesday, May 5,1998
Page Four
E. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Award Contract for Installation of Temporary Traffic
Signals at CSAH 39 (Valley View Road) and Plaza
Drive/Topview Road. I.C. 97-5447 (Resolution)
2. Approve Traffic Control Signal Agreement with MnDOT for
Temporary Signals at CSAH 39 (Valley View Road) and
Plaza Drive/Topview Road. I.C. 97-5447 (Resolution)
3. Resolution Awarding Contract for 2" Bituminous
Overlays. I.C. 98-5462
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XIII. ADJOURNMENT
•
CITY COUNCIL AGENDA Date:
Section: May 5,1998
Department: Item Description: Item No.:
Senior Awareness Week
Parks, Recreation & Proclamation
Natural Resources
Requested Action
To sign the proclamation and present to Seniors at May 5 meeting
Background
Senior Awareness Week is Eden Prairie's Celebration of Older American's Month
which is celebrated nationally in May. This year the activities span 12 days from May
7 through May 18. Numerous activities are being offered by organizations serving
seniors in the community. A two page insert featuring the activities available will be in
an upcoming issue of the Eden Prairie News.
A group of Seniors will be present at the May 5 Council Meeting at 7:30 p.m. to
receive the proclamation.
Attachments
Proclamation
I
PROCLAMA TION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, the increasing number of senior citizens in Eden Prairie bring many
opportunities and challenges for all components of our City - -families, businesses, and
government; and
WHEREAS, every segment of our society is influenced by the needs, resources
and expertise of our senior citizens; and
WHEREAS, our Eden Prairie "Seniors -the heart of our community", playa
pivotal role in formal and informal education, sharing years of accumulated experience
and wisdom which will impact our future; and
WHEREAS, the community wishes to celebrate and acknowledge the
contributions and accomplishments of the seniors in our community and recognize the
organizations that serve older adults;
NOW, THEREFORE, I, Jean L. Harris, Mayor of the City of Eden Prairie,
Minnesota, do hereby proclaim
May 7 through May 18, 1998
to be
"SENIOR AWARENESS WEEK"
In the City of Eden Prairie, Minnesota
ADOPTED by the Eden Prairie City Council on this 5th day of May, 1998.
IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie.
2-
Jean L. Harris, Mayor
on behalf of Council Members:
Ron Case
Sherry Butcher Younghans
Ross Thorfinnson, Jr.
Nancy Tyra-Lukens
UNAPPROVED MINUTES
CITY COUNCIL/STAFF WORKSHOP MEETING
REVIEW PRELIMINARY CONSTRUCTION PLANS
FOR COUNTY ROAD 1
TUESDAY, APRIL 21,1998
COUNCILMEMBERS:
CITY STAFF:
REPRESENTATIVES OF HENNEPIN
CNTY TRANSPORTATION DEPT.:
ROLLCALL
All members were present.
I. CALL TO ORDER
6:30 PM, CITY CENTER
Heritage Room II
Mayor Jean Harris, Sherry Butcher-
Younghans, Ronald Case, Ross
Thorrmnson, Jr. and Nancy Tyra-Lukens
City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Public
Works Eugene Dietz, City Engineer Al
Gray, Assistant City Engineer Rodney
Rue, Director of Parks, Recreation &
Natural Resources Bob Lambert, Council
Recorder Jan Nelson
Bruce Ploaczyk, Chief Design Engineer,
Craig Twinem, Project Design Manager,
Brad Moe, Sr. Right of Way Agent, Guy
Nowlan, Roadway Design Engineer
Mayor Harris called the meeting to order at 6:40 p.m.
II. REVIEW LAYOUT PLAN FOR CSAH 1 BETWEEN TH 169 AND TH 212
Dietz reviewed the two layout plans on display, noting that the top one was the layout prior
to the public meeting on March 19th and the bottom one is the layout showing the changes
made based on some of the comments received and input from City Staff. He said Phase
1 construction will be a four-lane road with an 18-foot wide median for the entire length
from TH 169 and TH 212. There are trails on both sides of the roadway. Because it is
an ISTEA project, the plans have to be submitted by the end of the year in order to get
Federal funds.
There will another public open house on May 4 so the residents can discuss issues at that
time. The Public Meeting is scheduled for May 5.
Dietz introduced the representatives from Hennepin County.
I
CITY COUNCIL/STAFF WORKSHOP MINUTES
April 21, 1998
Page 2
III. REVIEW IMPACTS AND INPUT FROM RESIDENTS RECEIVED AT PUBLIC
OPEN HOUSE ON MARCH 19. 1998
Dietz reviewed a list of concerns received from residents at the open house in March.
Those concerns were:
1. Need for the Roadway
There are 11,000 vehicles per day on CSAH 1 now, with 20,500 projected in 20
years.
2. Trails on Both Sides
This is consistent with our transportation plan.
3. Noise
There is no requirement for noise mitigation on the project. There are limited
areas of impact, one of which is at the townhomes near Sherman Drive. There is
no room for noise mitigation at that location; however the County may have to buy
right-of-way, and that money could be used for landscaping and noise mitigation.
Harris asked if there is any possibility to do partial mitigation. Dietz said we did
mitigation along Townline Road because we were working with Minnetonka;
however, that fence is not high enough or thick enough for noise mitigation.
4. Speedin&
The Police Department can do a better job of enforcing speed limits with the new
road design.
5. Landscaping
This is a separate project that will be completed after construction. We will follow
our Tree Preservation policy, but there aren't many that will be lost on this project.
6. Construction Impacts
Dietz said people have asked if the roadway can be shifted; however, it was shifted
early on towards the Welter Property. There will be some grading impact along
Mill Creek and it was shifted somewhat to the north near Pax Christi. It reduces
the set-back there, creating a variance situation. There will have to be a new exit
from the cemetery constructed out to Woodridge Circle. There will be a significant
amount of retaining wall required at points along the roadway, and the costs will
be shared equally with the County.
2
CITY COUNCIL/STAFF WORKSHOP MINUTES
April 21, 1998
Page 3
Rue said there are several day care locations along the way, and there will have to
be some temporary fencing done around those operations. He said the County will
usually pay the day care operators to replace the perimeter fence. Dietz noted we
will try to keep them in operation.
7. Pedestrian Bridge over Hwy 212
Dietz said there will be very little work done on the west end of this project so this
item was given a low priority. There may be an opportunity in the next phase of
construction, but it will be an expensive project.
8. Trail Underpass at Purgatory Creek
Dietz said this is proposed. It will cost $75,000-$80,000, so it is probably worth
pursuing.
9. Burying Power Lines
They have asked NSP to come up with the costs for this. If those are reasonable,
this is something that can be pursued. There are some limitations about what they
will bury.
10. Bennett Place Signal
This will be put in. The County has determined that it meets the warrants for a
signalized intersection.
11. Blossom Road Connection
Dietz said the cost to do that will be prohibitive. They are recommending that this
not be pursued; however, it remains a possibility in the future.
12. Street Closures
Sherman Drive and Portal asked that the streets be closed; however Staff thinks it
is a bad idea. We are short of roadway connections in the community, and it
makes sense to keep as many as possible. There will be protected left turn lanes
with the new roadway.
13 . Heritage Preservation Issues
Dietz said the Wolf School will lose some steps. Craig Twinem said they will
build a retaining wall in order to stay out of the foundation.
'3
CITY COUNCIL/STAFF WORKSHOP MINUTES
April 21, 1998
Page 4
IV. COUNCIL DISCUSSION AND COMMENTS
Tyra-Lukens asked about construction on the east end of the road. Dietz said there is a
driveway proposed for the entrance to the Hustad Development, but there are no
commercial driveways on the new plan.
Thorfmnson asked what the cost will be. Twinem said the estimate before the changes was
about $6 million. Dietz said $3.5 million will come from ISTEA funding. County Road
4 was nearly the same length, and that is going to be somewhat less than 1.2 million.
Thorfinnson asked if we will know the cost by the time it comes back to the Council.
Twinem said we will have a ballpark estimate on May 5th.
Dietz noted this will come from State Aid funds, and we will probably have to sell State
Aid bonds. We also have County Road 4 and Scenic Heights road to consider.
Thorfinnson asked if we would repay the bonds when the state aid money comes in. Dietz
said we would do that; however, we haven't worked out the details because we don't have
the final version.
Harris asked why the pedestrian bridge would have a low priority. Dietz said it is not
practical to do at this intersection because the grades are all the same. We are not doing
any work at the western end of this project; however, with the next phase of CSAH 1
construction we can take a look at it. He said Bob Lambert has suggested using the Old
Pioneer Trail behind the SuperAmerica station; however, a bridge at this location will be
very expensive. Harris was concerned because if there are trails on both sides of the road,
people will try to cross at that point. Dietz noted there is a trail only on the north side of
CSAH 1 west of Hwy 212.
Thorfinnson said at a meeting of the Suburban Rate Authority, an attorney mentioned a
lawsuit in which the judge ruled that cities have the right and power to stipulate the need
for underground utilities. The attorney believes the language is upholdable in court. They
also said that cities can stipulate NSP pay for burying the lines. He thought we should
touch bases with the League on this, because there seems to be some breaking news on this
issue.
Jullie asked what input the residents will have to the process of developing the landscape
plans. Rue said we plan to have neighborhood meetings for pieces of the project and will
give them a chance to have input about species planted and other issues. We will replace
the original landscaping one-for-one, and the rest would be by the requirements of the Tree
Preservation Ordinance. There will be some small areas where we may have to get
permission to plant trees outside the right of way.
Tyra-Lukens asked if there is landscaping on the median. Twinem said it is shown as
concrete now; however, they have done medians with grass. Polaczyk said that is usually
done with a minimum 20-foot median. Tyra-Lukens thought having a green median might
decrease the perception of it being a freeway. Twinem noted that grass does break up the
appearance; however, it often dies because of the salt. He said the City would be
4
CITY COUNCIL/STAFF WORKSHOP MINUTES
April 21, 1998
Page 5
responsible for maintenance of a grass median. Case asked if there is any way to put in
boulevard trees. Dietz noted they really take a beating from plowing and salting
operations. Dietz thought we need to explore the possibilities.
Tyra-Lukens asked if we could use a different color of aggregate on the medians. Twinem
said they could credit for the cost of ordinary concrete and the City would pay for the extra
costs. Dietz said it would be difficult to patch. Rue said other locations have used
stamped concrete or paver brick.
Thorfinnson asked what the process is from here on. Dietz said there will be a Public
Meeting on May 5, but no Public Hearing is required. By having two open houses we
hope to answer as many questions as possible. This project is a crucial part of our
transportation plan. The next phase will be from Hwy 212 to Hwy 4.
Thorfinnson asked what the Council will be asked to do at the May 5th meeting. Dietz
said we will approve the layout plan conceptually in terms of having the median, four
lanes, an underpass, the trails and the retaining walls. Thorfinnson asked if that will still
leave room for individual people to work with the County as it goes forward. Dietz said
lie thought the relationship between the County and property owners has improved greatly
since the Townline Road discussions.
Dietz said the preliminary discussions about the area around Nick Welter's home call for
building a retaining wall and putting in a driveway out to the roadway. We have asked the
County to appraise the value of the home and the acreage to compare to the cost of the
retaining wall and driveway so we can make a good economic decision about the situation.
Enger asked what has been the general reception of people along the road. Twinem said
most of the people think we are building too much roadway and are questioning the need
for a four-lane facility. Rue said the top four or five issues on the list were the main ones.
We provided comment cards to fill out and this was a summary of those cards. Dietz said
there has been a lot of work done on the project, and there will still be a lot of work after
the preliminary plan is approved on May 5. Rue thought we will continue to find ways to
lessen the impact. Alan Gray said most everyone who abuts the roadway needs to
remember a lot of people out there will be impacted by this, and we won't hear from those
who understand that it is a necessary part of the transportation system in the City. Dietz
noted the adjacent property owners knew it was coming, and now they want to make it the
best they can.
v. OTHER BUSINESS
VI. ADJOURNMENT
Mayor Harris adjourned the meeting at 7:25 p.m.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, APRIL 21, 1998 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Sherry Butcher-
Younghans, Ronald Case, Ross
Thorf"mnson, Jr., and Nancy Tyra-
Lukens
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant
City Manager Chris Enger, Director of
Parks, Recreation & Natural Resources
Bob Lambert, Director of Public Works
Eugene Dietz, City Attorney Roger
Pauly, and Council Recorder Jan Nelson
PLEDGE OF ALLEGIANCE
ROLLCALL
Mayor Harris called the meeting to order at 7:30 p.m. All members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Tyra-Lukens added items XI.A.l. and A.2. Harris added item XI.A.3. Jullie added
item IV. J. RESOLUTION APPROVING LEASE AGREEMENT WITH MnDOT
FOR WELL NO.1.
MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Agenda as
published and amended. Motion carried 5-0.
II. OPEN PODIUM
III. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, APRIL 7, 1998
Harris said Sentence 2, Paragraph 4, Page 2 should be changed to:
" ... committee members not all be part of an athletic group." and Sentence 2,
Paragraph 3, Page 3 should be changed to: " ... entire process is driven by
special interest groups. "
MOTION: Case moved, seconded by Tyra-Lukens, to approve as published
and amended the Minutes of the City Council/Staff Workshop held Tuesday,
April 7, 1998. Motion carried 5-0.
I
CITY COUNCIL MINUTES
April 21, 1998
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY. APRIL 7. 1998
MOTION: Butcher-Younghans moved, seconded by Case to approve as
published the Minutes of the City Council meeting held Tuesday, April 7, 1998.
Motion carried 5-0.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. RESOLUTION 98-69 REQUESTING MnDOT TO PREPARE AN
OFFICIAL RIGHT-OF-WAY MAP FOR 1-494 RECONSTRUCTION
C. APPROVE ENGINEERING SERVICES PROPOSAL FROM TKDA FOR
CONVERSION OF TRAFFIC SIGNALS TO LED LAMPS. I.C. 98-5464
D. RESOLUTION 98-70 APPROVING JOINT POWERS AGREEMENT
WITH ST. PAUL FOR PURCHASE OF LED SIGNAL RETROFIT
UNITS. I.C. 98-5464
E. RESOLUTION 98-71 REQUESTING MnDOT AND METROPOLITAN
COUNCIL ACTION TO ACQIDRE AND PRESERVE REMAINING
PROPERTIES WITIDN THE TH 212 CORRIDOR. I.C. 51-348
F. EDEN PRAIRIE IDGH SCHOOL PHASE 3 EXPANSION by Independent
School District 272. 2nd Reading of Ordinance 8-98-PUD-6-98 for PUD
District Review with waivers on 67 acres and Zoning District Amendment
within the Public Zoning District on 67 acres and Adopt Resolution 98-72 for
Site Plan Review on 67 acres. Location: 17185 Valley View Road.
(Ordinance 8-98-PUD-6-98 for PUD District Review and Zoning District
Amendment and Resolution 98-72 for Site Plan Review)
G. MAPLE IDLL ADDITION by MSS Holdings. Approval of a Developer's
Agreement for MSS Holdings. Location: 9060 Staring Lane West.
H. APPROVAL OF RELEASE FOR UNITED FIRE & CASUALTY
COMPANY FROM CONTRACT FOR MARKET CENTER
LANDSCAPING PROJECT
I. APPROVE MOTION AUTHORIZING DISPOSAL OF EXCESS
PROPERTY
J. RESOLUTION 98-73 APPROVING LEASE AGREEMENT WITH MnDOT
FOR WELL NO. l'
MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve
items A-J on the Consent Calendar. Motion carried 5-0.
2.
CITY COUNCIL MINUTES
April 21, 1998
Page 3
v. PUBLIC HEARINGS
A. BEST BUY CAMPUS -PHASE 3 by Best Buy Company. Request for PUD
District Review on 18.6 acres to the overall Best Buy PUD, Zoning District
Change from Rural to 1-2 on 4.3 acres, Site Plan Review on 4.3 acres.
Location: 7075 Flying Cloud Drive (Ordinance for PUD District Review and
Zoning District Change)
Jullie said the official notice of this Public Hearing was published April 9, 1998
in the Eden Prairie News and mailed to 14 property owners. This is Phase 3 of
the Best Buy Campus PUD Concept. It involves adding the most easterly
parking area and constructing the access road through the site. Surcharging of
the Phase 3 area was approved by the Council at the time of the PUD. Plans for
the 70,000 square foot office building portion of PUD will most likely be
reviewed next year.
Dave Clark, project architect, said plans have been prepared for the wetland
mitigation to be done in Winthrop, Minnesota. They are attempting to do as
much as they can to alleviate the increased traffic by such means as a
transportation expo with Southwest Metro, designating a prime parking lot as a
car pool location, and designating a permanent representative as their contact
with Southwest Metro.
Butcher-Y ounghans said the Council approved the duckboard path to enhance
the enjoyment of visitors, and she noted the plans say it is a potential duckboard
path. Clark said there was some misunderstanding about that, but they have
agreed to go ahead with that.
Butcher-Y ounghans asked what they had in mind for the informational kiosk.
Clark said plans were drawn by the mitigation consultant for four different areas
around the wetlands with specific seasonal plantings. The kiosks will be posts
with signs indicating the types of plantings in that area. The trail is fairly subtle
because they do not want to create an advertising situation.
Enger said the Planning Commission reviewed this item at its meeting held
March 23, 1998 and voted 6-0 to recommend approval of the project, based on
the Staff Report of March 20, 1998. He reviewed the recommendations of the
Staff Report. The Parks, Recreation & Natural Resources Commission did not
review this phase of the project since it is consistent with their recommendation
of approval for the PUD Concept.
There were no comments from the audience.
MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the
Public Hearing; to approve 1st Reading of the Ordinance for PUD District
Review on 18.6 acres to the overall Best Buy PUD and Zoning District Change
CITY COUNCIL MINUTES
April 21, 1998
Page 4
from Rural to 1-2 on 4.3 acres; and to direct Staff to prepare a Development
Agreement incorporating Commission and Staff recommendations.
Case had concerns about the process that occurred on this project and for future
projects when the Council directs Staff to raise certain questions or alternatives.
He quoted from the Minutes of the October 7, 1997 Council meeting where the
Council discussed having Best Buy look at alternatives to the wetland fill
required for the project. He asked if the Council needs to word this differently
in the future. Enger replied that Staff worked with proponent throughout the
process to try to minimize the amount of wetland fill, and the amount of fill was
reduced from the original amount proposed. He said the motion did not include
any specific action or direction to Staff to reduce the wetland fill.
Tyra-Lukens noted that prior to voting on the motion she needed to disclose that
she owns shares in Best Buy Company.
VOTE ON THE MOTION: Motion carried 5-0.
B. EIGHTEEN SCREEN MOVIE THEATER by General Growth. Request for
Planned Unit Development Concept Review on 10 acres, PUD District Review
on 10 acres, Zoning District Amendment in the Commercial Regional District
on 10 acres and Site Plan Review on 10 acres. Location: Eden Prairie Center.
(Resolution 98-74 for PUD Concept Review, Ordinance for PUD District
Review and Zoning District Amendment)
Julie said the official notice of this Public Hearing was published on April 9,
1998 in the Eden Prairie News and mailed to 51 property owners. In 1996 the
City approved the expansion plans for the mall which included a 14-screen
theater. General Growth wants an 18-screen theater on the upper level of the
east side of the mall in the same area as the approved PUD plan for 14 theaters.
Below the theaters would be general retail totaling 69,800 square feet. The
building expansion meets setback requirements. The theater and retail space
meet parking requirements.
Bill Mosten, representing General Growth, introduced the other representatives
present and gave an overview of the site plan. They are asking for approval to
begin construction immediately. He noted they have adequate parking on the
site, and they view this as a catalyst to future growth of the center.
Michael Kaiser, associate with RTKL Architects, reviewed the exterior
elevations, noting that they will work with the architectural requirements of the
City. Tim Tarpley, Senior Vice-President of Development for United Artists,
said this project will be a full stadium theater design.
Mosten said there will be access to the theater through the inside of the mall so
that people can park anywhere around the Center and have access to the theater.
CITY COUNCIL MINUTES
April 21, 1998
Page 5
Case said we saw master concept plans for the entire mall including some
potential mockups of the entrances. He asked if this is consistent with what they
envision for the entire master plan. Mosten replied they have maintained the .
plans they had before, and the entrance details are still a piece of the plan. They
will be improving and renovating all of the existing mall entrances and plan to
work throughout the site with signs and graphics.
Case asked what they could do to relieve his discomfort about approving an 18-
theater complex at a mall that may be dying. He was trying to get some
indication that this is step 1, and they will be moving forward with steps 2
through 4. He would not want to see just this project be successful and
everything else deteriorate. Mosten said they are still in the process of
negotiating with other tenants for the shopping center. They view this as the
first phase of a multi-phase redevelopment of the shopping center. .
Tarpley said they are located in a large number of regional malls in the country,
and there have been a large number of restaurants that want to be in and around
those malls because of their theater development. They would not put $18
million into the project if they didn't think it would work
Harris asked about access for the physically handicapped, and if there is a
possibility of having an external entrance in addition to the internal entrance.
Mosten said they don't want to have an external entrance to the theater as they
want to disperse the parking for the theater. They have ADA concerns as a
focus, and the physically handicapped will be able to come in any of the
entrances to the mall and then use the elevator to get to the theater level if they
came in on the lower level.
Butcher-Younghans asked if they are expecting that the one elevator located in
the center of the mall will be sufficient for an 18-screen theater and the number
of people it will attract. She also was concerned about the access issue as the
location is quite a distance from Target and Mervyns. Mosten said they have
found customers tend to use the escalators and stairs, and there are four
escalators available. There are exits from the theater to outside for leaving the
theaters.
Enger said the Planning Commission voted unanimously to recommend approval
of the project at the March 23, 1998 meeting, per the recommendations of the
Staff Report of March 20. He reviewed the recommendations of the Staff
report, noting that a waiver will be required from the 40-foot height maximum
for the 56-foot high bUilding. He said the Parks, Recreation & Natural
Resources Commission and Heritage Preservation Commission did not review
this project.
Thorfinnson asked where this fits into the discussion about the TIF District and
our commitment to the shopping center. Enger said the City and General
CITY COUNCIL MINUTES
April 21, 1998
Page 6
Growth have an agreement for development of the mall using some TIF funding
for the City of Eden Prairie. It is specific and is tied to a specific plan.
Proponent is staging the redevelopment differently and are not asking for TIF
funding as a part of this first phase. The TIF plan that has been approved does
not relate to the way they are starting now. Thorfinnson said he had heard some
misinformation that we have approved some TIF for this. Enger said the City
does not have money invested in this mall at this time. We have an agreement
to provide TIF fmancing for a different plan, but that plan will have to be
renegotiated. Thorfinnson asked if that means at some time it might come back.
Enger said that is correct. Harris noted she had also heard similar statements.
Don Klingel, 10940 Kiawa Drive, said he is in favor of the 18-screen theater,
and he thought the theater would survive even if the mall doesn't. He asked if
this plan reduces any of the current parking; how many seats will be available in
the 18 theaters; if the project is approved how long, will it take to be completed;
and if they had looked at separating out the 18 screens to the different sections
of the mall such as the theaters are now. Mosten said about 80-100 parking
stalls will be lost, but they will still have an excess number of stalls on the site
to meet the parking requirements. They will start construction this summer and
complete it within 10-12 months.
Tarpley said there will be about 3500 seats, and they will have the movie start
times and end times on intervals so that 3500 people are not arriving and leaving
at the same time. He said they did not consider splitting the cinema because
there are efficiencies from the consolidated operations. Mosten said their
number one objective is to bring customers back to the shopping center and they
have determined they need to upgrade all the graphics and signage and make the
mall customer friendly.
Regarding the ADA issues, Tarpley said United Artists volunteered to be the
test case relative to ADA compliance, and they created standards that exceeded
what the federal standards are. He said they will do everything they can to
accommodate the ease of getting in and out of their facilities. He said General
Growth allows their malls to stay open after regular shopping hours so that all
the entrances around the center are open.
MOTION: Case moved, seconded by Butcher-Younghans, to close the Public
Hearing; to approve 1st Reading of the Ordinance for PUD District Review on
10 acres and Zoning District Amendment in the Commercial Regional District
on 10 acres; to approve Resolution 98-74 for PUD Concept Review; and to
direct Staff to prepare a Development Agreement incorporating Commission and
Staff recommendations.
Butcher-Y ounghans said there is a feeling of disconnection with residents to the
mall because of the recent history. She suggested they find some way to
communicate to people by giving some information about the timeline and what
(p
CITY COUNCIL MINUTES
April 21, 1998
Page 7
they could expect at the end of that the timeline. Harris thought that was a good
suggestion.
Thorfmnson said he is a little troubled by the access available for the disabled.
He said if they were new to the shopping center they might park on one of the
levels that would cause them to go all the way to the elevator and then back to
the theater. He would like to see it made easier for people that have access
issues to get to the theaters. A discussion followed regarding the possibility of
adding another elevator to the theater complex. Harris thought the suggestion
would be as a point for future planning to provide other access means for the
mobility impaired.
Thorfinnson asked if the "Big Boxes" are leased. Mosten said they are in
negotiations but have not signed yet.
VOTE ON THE MOTION: Motion carried 5-0.
VI. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Thorfinnson, to approve the Payment of Claims
as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case,
Thorfinnson, Tyra-Lukens and Harris voting "aye."
VII. ORDINANCES AND RESOLUTIONS
A. RESOLUTION OF DENIAL FOR REGAL CINEMA by Ryan Companies of
Minnesota
Jullie said we received written confirmation that Ryan Companies is requesting
the proposed Regal Cinemas theater development project be withdrawn, and
they will not request any further action from the City with respect to the project.
He said no further Council action is necessary.
B. ORDINANCE 10-98 AMENDING SECTION 4.03. SUBD. 2. RELATING
TO EXCEPTIONS TO FINANCIAL RESPONSIBILITY
Jullie said this Ordinance was drafted by our City Attorney and is being updated
to comply with Minnesota State Statutes.
MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve
1st and 2nd Reading of Ordinance 10-98 amending Section 4.03, Subd. 2,
relating to exceptions to financial responsibility. Motion carried 5-0.
VIII. PETITIONS, REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
1
CITY COUNCIL MINUTES
April 21, 1998
Page 8
x. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Cleanup of Medcom Boulevard area
Tyra-Lukens said she noticed the end of Medcom Boulevard has become
a garbage dump. She asked Staff to check it out and have it cleaned up.
2. Issue of Substandard Housing Stock
Tyra-Lukens said she has received information from residents about
several substandard houses in the City. She was concerned about the
impact such properties have on their neighborhoods. She said there are
about 12 homes that are substandard and it is very stressful for people
that live around those homes. She has spoken with Jean Johnson about
the situation and asked her to check into the codes we have and codes
other cities have. She would like to have Johnson check into how
enforceable the exterior maintenance codes are, and whether Staff feels it
is something that we should develop. She thought this is an issue we
will face more and more as the community ages, and it might be nice to
have something on the books to be used in these cases.
3. Report on Met Council's Transportation Improvement Plan (TIP)
Harris said she is one of the Association of Metropolitan Municipalities
advisors to the Met Council. They have given background information
and input for the 1999 -2002 TIP that includes highway, transit,
pedestrian trails, and bikeways that receive Federal funding. She said
free copies of the TIP are available. There will be several meetings over
the next several months'to present information and explain the draft
document, including a Public Hearing that will take place on June 17 in
the Met Council chambers. She encouraged all interested persons to
participate. The City'S Guide Plan is currently under review, and
revisions will be submitted to the Met Council at the end of 1998.
B. REPORT OF CITY MANAGER
1. Workshop Schedule for Councilmembers
Jullie said last year they tried to consolidate the workshop schedule
during the summer months. He said they are proposing to amend the
usual schedule by putting in a 1-112 hour pre-Council meeting workshop
CITY COUNCIL MINUTES
April 21, 1998
Page 9
prior to each regularly scheduled meeting in place of the 45 minute pre-
Council session. Thus the fourth Tuesday workshop could be dropped
off the schedule. He said the workshops could begin at 5:00 p.m., with
dinner served at 6:30 p.m.
Tyra-Lukens was concerned about the difficulty she might have with the
5:00 p.m. start time when school starts again in the fall.
Thorfinnson said he assumed that these are all tentative dates, and they
would be canceled if we don't have a need for the workshop. He
thought the longer time gives us more flexibility because we don't
always get closure in the current 45 minute workshops.
Case wanted to leave the possibility of having the fourth Tuesday
workshop if it is necessary.
Harris thought we should try this through the summer months and then
re-evaluate it in the fall.
The consensus was to go ahead with the new schedule.
C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL
RESOURCES
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XIII. ADJOURNMENT
MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adjourn the meeting.
Motion carried 5-0. Mayor Harris adjourned the meeting at 8:40 p.m.
5!c::J5!n
r:Jralrl5!
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Finance -Gretchen Laven Clerk's License Application List
DATE:
5-5-98
ITEM NO.
IV.A.
These licenses have been approved by the department heads responsible for the licensed activity.
CONTRACTORS
E R BERWALD ROOFING CO
LUND MARTIN CONSTRUCTION INC
MCKINLEY COMPANIES INC
MOHS BUILDERS INC
dba: Mohs Contracting
PALANI CONSTRUCTION INC
RAK CONSTRUCTION
THE BAINEY GROUP INC
THE GAMUT GROUP INC
UNITED PROPERTIES CONST MGMT
LAWN FERTILIZER APPLICATOR
ARTEKA CORPORATION
BRITISH LANDSCAPES LTD
HENNING ROHDE & ASSOCIATES INC
May 5,1998 1
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 05/05/988 SECTION: Consent Calendar ITEM NO. T.V .
DEPARTMENT: ITEM DESCRIPTION: Award Bid for New Lockers at the Community
Parks, Recreation and Center
Natural Resources
Lyndell Frey, Community
Center Manager
Request
Staff requests approval to award the bid for new lockers at the Eden Prairie Community Center. A
budgeted amount of $40,000 was approved in the 1998 Capital Outlay for this project. Three companies
bid on this project.
Recommendation
Staff recommends awarding the bid to Storage Equipment, Inc. of Plymouth, the low bid on this project,
at $36,967.62. Pending City Council's approval, the lockers will require an approximate 6 week delivery
with work being completed in mid June.
Attachment: Bidder's List
Actual Bids
council/lockers
1
Bidder's Name
Stanton
Storage Equipment, Inc.
Hand B Specialized Products
bidlist
Eden Prairie Community Center
Plastic Locker Bid -4/23/98
Bidder's List
Base Bid Amount Performance Bond
$41,007.66 5% of bid
$36.967.62 $1,932.63
$43,890.00
2
Addendum
I
l
I LLL I Storage Equipment, Inc.
LLL. 1940 Fembrook Lane N. Plymouth, MN 55447
office: (612) 920-9415 fax: (612) 941-8412
Quote
Client Information ----------___ ...
Company EDEN PRAIRIE COMMUNITY CENTER
Address 16700 VALLEY VIEW RD
EDEN PRAIRIE MN 55344
Phone Fax
Qty Description
LENOX PLASTIC LOCKERS
83 12 X 12 X 72 2 TIER LOCKERS
8 15 X 12 X 72 1 TIER LOCKERS
27 12 X 12 X 72 3 TIER LOCKERS
19 12 X 12 X 72 1 TIER LOCKERS
12 12 X 12 X 24 1 TIER LOCKERS WITH TOP
131' SLOPE TOPS
1 LOT BENCHES WHICH INCLUDE:
1-9', 1-12',2-5',2-7' PEDISTILS )NCLUDED
(-It.. -as)
1 LOT INSTALL NEW AND fEAR OUT OLD LOCKERS
,.. Project Information ------------.....
CREDIT FOR USED LOCKERS $750.00
_______ Delivery __ 6 __ -8_W_E_E_K_S __
Date 4-20-98
Contact LYNDELL FREY
EDEN PRAIRIE LOCKER I
Unit Price TOTAL
$192.00 15,936.00
$193.80 1,550.40
$201.70 5,445.90
$182.72 3,471.68
$98.88 1,186.56
$9.50 1,301.50
$2,686.00 2,686.00
,y
~'187.-" tJ'"I87·-
$4,172.66 ~,172.66
.1to~s:d1
SubTotal $ "'., ..... "'--" ... .." .,v.v ...
FRT $850.00
6.50% $ 2,052.58
Total $ 3y,u ... ,.v,
113(", 7. (, l I
THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE. IF YOU HAVE ANY QUESTIONS PLEASE CALL • -
SCOTT CANAKES
I
i
STANTON
BUILDING SPECIALTIES INC. 612/373-0922. Fax: 612/373-0923
260 Plymouth Avenue N., Mpls., MN 55411-3465
r
TO:. EDEN PRAIRIE COMMUNITY CENTER
QUOTE
NO. 038214
DATE 4 23 98 ATTN:LYNDELL FREY
COMMUNITY CENTER MANAGER
L .J
TERMS: ________________ __
DELIVERY: 6_Ryeeks after approved ShOpS.
RE:LOCKERS & BENCHES: QUOTE GOOD FOR 30 days
ITEM NO. QUANTITY DESCRIPTION PRICE
LOCKERS: I
BIDDING:LENNOX-SOLID PLASTIC
PROVIDING:
21---~ 12x12x12,THREE TIER,
12---12xI2x24,SINGLE TIER
83---12x12x12,TWO TIER
8---15xI2x12,SINGLE TIER
19---12xI2x12,SINGLE TIER
ALL ABOVE MENTIONED LOCKERS WILL HAVE REGULAR
~ANDLES WITH HASP LOCK & SLOPED TOPS.
TOTAL MATERIAL & FREIGHT ONLy •••••••••••••• •••••
M I TAX ADDITIONAL •••••••••••••••••••• •••••••••••
INSTALLATION ADDITIONAL •••••••••••••• •••••••••••
NOTE:IF SLOPE TOPS NOT REQUIRED DEDUCT $100.00
FROM MATERIAL & FREIGHT.
NOTE:COMTEC INDUSTRIES & TUFFTEC LOCKERS DO NOT
MAKE 1/2" DOORS & FRAMES.LENNOX MEETS ALL
SPECIFICATIONS CALLED FOR.
BENCHES:
BIDDING:SANTANA-SOLID PLASTIC
PROVIDING:(2)5',(2)1',(l)9',& (l)12'BENCHES
WITH PEDESTALS INCLUDED.SOLID COLORS ONLY!!
TOTAL MATERIAL & FREIGHT ONLy ••••••••••• •••••••
MN TAX ADDITIONAL •••••••••••••••••••• ••••••••••
INSTALLATION ADDITIONAL •••••••••••••• ••••••••••
$32,030.00
$2,003.95
$3,421.00
$2,894.00
$111.11
$415.00
* Price excludes mounting of controls and/or all field wiring. Fire doors will be test dropped forthe General Contractor, attime of installa-
tion, orforthe Building Owner(if required). Any additional test drops or resettlngs will be at an additional cost to the accepting party of this
quote. This quote Is prepared and submitted based on Stantons Interpretation of the plans and specifications In accordance
with the capabilities of the manufacturers we represent. Architectural intent should be Qualified prior to awarding a contract.
, accept the terms and conditions as stated above. Thank you for your Inquiry.
ACCEPTED
)j~MMcA~~
SIGNED ~L~~ -'--==t~+~..L~~~=-"":::::===::3-
FOR 24 HOUR EMERGENCY SERVICE CALL 373-0922
•
TO:
6127282714 H&B SPEC PROD
/ PROPOSAL
H&D Specialized Products
A DJvIsJun tlf Hauenstein de Burmeister. Inc.
2629 30th Avenue South
Minneapolis. Minnesota 55406
Phone (612)721-5031
FAX (612)728-2714
749 P01
Lyndell Frey Date 04/23/98
APR 23 '98 13:25
Community Center Manager
16700 Valley View Rd
Eden Prairie. MN 55346
Job Name Locker Room Project
Job Location Eden Prairie Community
Center
Architect
w. propose to furnish the following:
We propose to furnish and install Tufftec lockers as manufactured by
Comtec Industries of Moosic, PA.
FOR THE SUM OF ......................................................................... 43,890.00
.................................................................................................. Inclu ina ta.x
Notes:
Solid plastic lockers. benches and pedestals as specified
Lead Times:
1 week for shop drawings
7 -8 weeks for delivery after all approvals and colors
Salesperson:
Phone:
Fax:
Nlal04
1111. offer axpIm tIlII1y days from above date.
Nancy Lunneborg
(612) 728-2775
(612) 728-2714
The prices quoted lira subjeCl to change u sel forlh on the reverse ilde hereof. Seller roserllfJS the righllO revoke this offer at any time
before acceptance. This offer is not II firm offer. Unls .. aooner revoked. this offer shall expire on lhe expiration date set forth above.
Acceptance 01 thl. offer I. expr8S$ly limited to and subjact to the ferms and conditions set forth on both sides hereof. Including those limit-
Ing watrantles and liability and providing tor price changes.
TERMS: Net 30 day. from date of Invoice.
All quotal/on. are .ubJ~ IQ III. I:Clncllllons prln'ed an Iha back 01 filii proposal end when accepled SubJ.ct \0 credit approval.
A_pleCft/v ______ --.",=..,.".,..,,.,.,..,.,,::--_______ _
,COMPANY NAME) Respectfully submitted.
Slgnttl _________ _ ThIe _______ _ HaS Specialized Products
~~ ~~--------------------------------
DEPARTMENT:
Finance
Background:
CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM DESCRIPTION: Resolution establishing
polling places
DATE:
May 5,1998
ITEM NOh
IV·e
Precinct 9 was divided in February resulting in the need of an additional polling place for Precinct 9B.
The new location will be the Eden Prairie Senior Center which is located within the boundaries of 9B.
The razing of the Presbyterian Church on Leona Road necessitated a new location for Precinct 12; that
location will be the Community Room at the Eden Prairie Shopping Center.
Precinct 14 will move from the Senior Center to the new Presbyterian Church; Precinct 15 moves from
Fire Station #2 to Pax Christi; Precinct 17 moves from Pax Christi to Prairie Lutheran Church.
The approximately 8300 registered voters of these five precincts will be notified of the change of polling
place as required by Minnesota State Statute 204B.16.
Action/Direction: Recommend approval.
May 5, 1998 Page 1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. __ _
A RESOLUTION ESTABLISHING POLLING PLACES
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the
following facilities are designated as polling places:
Precinct 1 King of Glory Lutheran Church Precinct 9B Eden Prairie Senior Center
17850 Duck Lake Trail 8950 Eden Prairie Road
Precinct 2 Eden Prairie Assembly of God Precinct 10 Eden Prairie United Methodist Church
16591 Duck Lake Trail 15050 Scenic Heights Road
Precinct 3 Immanuel Lutheran Church Precinct 11 St. Andrew Lutheran Church
16515 Luther Way 13600 Technology Drive
Precinct 4 Antioch Christian Fellowship Precinct 12 Eden Prairie Shopping Center
14100 Valley View Road 1018 Eden Prairie Center
Precinct 5 Prairie Hill Evangelical Free Church Precinct 13 Hennepin Technical College
17200 Valley View Road 9200 Flying Cloud Drive
Precinct 6 Immanuel Lutheran Church Precinct 14 Eden Prairie Presbyterian Church
16515 Luther Way 9145 Eden Prairie Road
Precinct 7 New Testament Church Precinct 15 Pax Christi Catholic Community
12901 Roberts Drive 12100 Pioneer Trail
Precinct 8 Wooddale Church Precinct 16 Pax Christi Catholic Community
6630 Shady Oak Road 12100 Pioneer Trail
Precinct 9A Resurrection Life Church Precinct 17 Prairie Lutheran Church
16397 Glory Lane 11000 Blossom Road
ADOPTED by the Eden Prairie City Council this 5th day of May 1998.
ATTEST:
Donald R. Uram
City Clerk
Jean L. Harris, Mayor
CITY COUNCIL AGENDA Date: May 5, 1998
Section: Consent Calendar
Department: PRNR ~ Subject: Request for Goose Roundup at Windsong Item No.:
Stuart A. Fox, Manager of Apartment Complex rJ,O.
Parks & Natural Resources
Staff has received a letter requesting that the property management company at Windsong
Apartments be able to conduct a goose roundup this year. Phil Shepherd Windsong Apartments has
been in contact with Dr. Cooper at the University of Minnesota and the Minnesota Department of
Natural Resources and is putting forth this request to reduce goose population at the complex.
This rental property has had a large number of geese over the past three years. Because of the large
number of geese and the droppings associated with those birds, they have had problems renting units
to people, especially those with children.
They are requesting that the City permit them to contract with Dr. Copper and the roundup costs
would be paid by the Windsong Apartment Management.
RECOMMENDATION:
This proposal was reviewed by the Parks, Recreation and Natural Resources Commission at the April
20, 1998 meeting and approved on a 4-1 vote. The staff would recommend that theWindsong
Apartment Management Company be permitted to conduct a goose roundup at their cost.
SAF:mdd
Windsong.memo/Stuart98
1
04/13/1998 13:54 9345202 WINDSONG APTS PAGE 02
April 9, 1998
To: City of Eden Prairie,
Dept. of Parks, Recreation, -and Natural Resources
Attention: Stuart Fox
From: Phil Shepherd, Maintenance for Windsong Apts.
Subject: Goose roimdup for Windsong Apt. Complex
This letter is a request for a letter of approval to conduct a goose
roundup this summer for the -apartment complex known as Windsong
Apartments, located at, 8254 Windsong Drive, Eden Prairie. We have
contacted Dr. James Cooper of the University of Minnesota who has
agreed to perform the roundup with the requisite letter of approval from
the City of Eden Prairie.
Wndsong Apts. sits on about five acres of land to the southwest of a
wetland area. At the peak of the season last summer we counted over 300
geese on the property. The sheer numbers of these birds leads to
unsanitary conditions that prohibit residents from using lawns and even
sidewalks due to the I arge amounts of goose droppings. Also the birds
fight, and their territorial behavior presents some danger to children.
At a recent workshop conference on Canadian Geese Management I
learned that the only effective method of controlling geese, in our
particular circumstances" is this roundup program. Your letter of approval
will permit us to contract with Dr-Cooper for his services, and get on his
schedule for this summer. Your attention to this matter is appreciated.
Thank You.
phil Shepherd
~/~0
Wndsong Office 934-8768
My home 472-6924
UNAPPROVED MINUTES
PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
MONDAY, APRIL 20, 1998
COMMISSION MEMBERS:
STUDENT MEMBERS:
COMMISSION STAFF:
I. ROLLCALL
7:00 P.M. CITY CENTER
8080 MITCHELL ROAD
COUNCIL CHAMBERS
Ricruird Brown, Chair, Frantz Comeille, Claire Hilgeman, Don
Jacobson, Vicki Koenig, Glenn Stolar, John Wilson
Elizabeth Cook, Stacy Enger
Robert A. Lambert, Director of Parks, Recreation and Natural
Resources, Stuart A. Fox, Manager of Parks and Natural
Resources, Laurie Helling, Manager of Recreation Services,
and Barbara Anderson, City Recorder
Don Jacobson, John Wilson, and Elizabeth Cook were absent.
II. APPROVAL OF AGENDA
MOTION:Hilgernan moved, seconded by Stolar, to approve the Agenda as published. Motion carried 5-0.
III. APPROVAL OF MINUTES -APRIL 6. 1998
Koenig noted two corrections on Page 3, in the first paragraph, referring to a "grading plan" and the fence
was to prevent people from "falling" into the NURP pond.
MOTION: Hilgeman moved, seconded by Koenig, to approve the April 6, 1998 Minutes of the Parks,
Recreation and Natural Resources Commission as corrected. Motion carried 5-0.
IV. PETITIONS, REOUESTS AND COMMUNICATIONS
A. Request for Goose Removal Permit
Fox reviewed the staff report and outlined the request of Windsong Apartments for the goose
roundup, and noted the petitioner would bear all costs for the roundup.
Bonnie Bell, 8501 Cortland, stated she lives above the apartment complex and she was wondering
if the removal of the geese from the property was not an exercise in futility. She felt people lived in
Eden Prairie to enjoy the wildlife and removing the geese was tantamount to a denial of that premise.
She drove by the apartment complex and there were about four geese on the site. She felt that people
had disturbed nature enough and she was opposed to removing the geese. She suggested perhaps
further study was in order before granting the permit.
Koenig asked if the applicant had tried any deterrents and Fox responded they have tried a spray and
Mylar tapes, but none of these have been successful. He has counted well over 200 geese on tbis site
PARKS, RECREATION AND NATURAL
RESOURCES COMMISSION MINUTES
April 20, 1998
Page 2
last year and about fifty this year. This was on the Windsong complex only and did not include the
hill to the west. If a pennit is issued, only the geese on the Windsong property can be rounded up.
Brown stated he had talked to a man whose daughter had been frightened by a goose flapping its
wings on the site, but other residents did not appear to be bothered by the geese. It disturbed him
because people want to have the wildlife and the wetlands but they complain about the geese, etc.
Koenig commented the City had been trying to clean up that wetland area and she was concerned that
perhaps having so many geese there would deter other types of water fowl from coming into that area
that they have been trying to attract. Fox commented it would cause ducks to go elsewhere because
the geese are very territorial when they are nesting. Corneille asked about the costs for the roundup
and Fox responded it would cost several thousand dollars: Koenig asked if they have made any
attempt to clean up the area as she had not seen any goose droppings. Fox responded he did not
know.
Hilgeman stated if the geese were interfering with the ability of Wind song to do business it would be
a different issue because they have granted this type of request before for another business.
Discussion ensued regarding the limited effectiveness of doing the roundup and efforts on the part
of the applicant to use other types of deterrents first. Stolar asked if the Commission would set a
precedent if they approved this request and Fox responded they have typically had only one or two
requests for a goose removal pennit per year, and most of these come from areas such as golf
courses. It was one thing to request the pennit and quite another to catch the geese when they are
molting and flightless.
Brown asked ifWindsong had substantiated the numbers of apartments they could not rent and Fox
responded that was not information required on the pennit. The problem is field verified to ensure
there is a problem before proceeding with the pennit process.
MOTION:Hilgemanmoved, seconded by Comeille, to reconnnend approval of the relocation of the
Geese from the Windsong Apartment complex site with the stipulation that the pennit is issued for
this year only. Motion carried 4-1. Brown voted "no".
v. DEVELOPMENT PROPOSALS
A. Flyin2 Cloud Office Buildin2
Bob Sofeh, 10508 Bluff Road, representing Mount Properties, reviewed the project. He requested
approval for the landscaping plan and noted they have proposed to replace the trees that will be lost
due to the construction at a ratio of 6 to 1.
Fox gave the staff report and stated staff reconnnended approval of the plan subject to the stipulations
in the Planning Connnission staff report and the supplemental staff report. Koenig asked if they were
leaving any cottonwoods on the site and Fox responded it was dependent on the location of the
parking islands as to whether the tree could be saved. Hilgeman asked if they could put the
cottonwood trees back into the landscape plan and Fox responded that they were not in an area where
they would natively grow, but rather had sprouted because offill that was placed on the property.
CITY COUNCIL AGENDA Date:
Section: Consent Calender May 5,1998
Department: Item Description: Item No.:
Public Works Environmental Learning Center TiE
Requested Action
Approve motion to formally name the education space within the Water Treatment Plant Expansion area
as the "Environmental Learning Center".
Background
The education space within the Water Treatment Plant will be used for educating students and adults
within the community on environmental issues with a focus on water conservation, xeriscape
landscaping, surface water management and groundwater protection. There are two distinct parts to the
Learning Center. The first is an exhibit area which will have a number of educational displays,
interactive exhibits, videos and computer games related to the environment, including ones produced
by Eden Prairie students. The second is a laboratory space for performing basic environmental
laboratory experiments. The Eden Prairie School District has agreed to send all3rd, 5th , and 7th grade
students to the Learning Center for environmentally-based education programs.
With the number of students, teachers and adults which will be going through the education space, a
formal name is required to promote name recognition for the facility. The Environmental & Waste
Management Commission and staff recommend that the space be titled the "Environmental Learning
Center".
DATE: 05105198
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM NO: 1J/, F.
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Award Contract for I.C. 98-5457
Mary Krause 1998 Sea1coat
Recommended Action:
Award Contract for I.C. 98-5457, 1998 Sealcoat to Allied Blacktop in the amount of
$200,656.71.
Overview:
Sealed bids were received Thursday, April 23, 1998 for the 1998 Sea1coat. Two bids were
received and are tabulated as follows:
Allied Blacktop
ASTECH Corporation
Financial Issues:
$200,656.71
$209 ,463.30
The 1998 budget for sealcoating under budget number 570-50-4439 is $234,500.00. The bid
amount of $200,656.71 falls within this budget. The scope of the sealcoat project will be
adjusted to utilize the full budgeted amount for sealcoating.
I
CITY OF EDEN PRAIRIE
~INCOUNTY,~OTA
RESOLUTION NO.
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 98-5457 -1998 Sealcoat
bids were received, opened and tabulated according to law. Those bids received are shown on
the attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of Contract to
ALLIED BLACKTOP
as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract
with Allied Blacktop in the name of the City of Eden Prairie in the amount of
$200,656.71 in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on May 5, 1998.
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. Uram, City Clerk
"
DATE: 05/05/98
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: ]]1. G
Consent Calendar SECTION:
DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5460
Engineering Division Award Contract for Utility Tractor
Mary Krause
Recommended Action:
Award of I.C. 98-5460, Utility Tractor to Scharber & Sons in the amount of $28,968.00 based
on the low bid indicated on their proposal form.
Overview:
Three bids were received and are tabulated as follows:
Scharber & Sons
Long Lake Ford
Carlson Tractor & Equipment
Financial Issues:
$28,968.00
$31,936.16
$33,880.85
The budgeted amount for this piece of equipment is $40,000.00.
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 98-5460 -Utility Tractor
bids were received, opened and tabulated according to law. Those bids received are shown on
the attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of Contract to
SCHARRER & SONS
as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract
with Scharber & Sons in the name of the City of Eden Prairie in the amount of
. $28,968.00 in accordance with the plans and specifications thereof approved by the
Council and on fIle in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on May 5, 1998.
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. Uram, City Clerk
DATE: 05/05/98
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar ITEM NO: 1JI. -HI
DEPARTMENT: ITEM DESCRIPTION: I.e .. 52-196
Engineering Division Receive Petition and Ordering Feasibility Study for Lincoln Lane Paving
Rodney W. Rue
Recommended Action:
Approve resolution receiving petition and ordering a feasibility study for the paving of Lincoln
Lane.
Overview:
We received a petition from the majority of property owners on Lincoln Lane requesting that
Lincoln Lane be paved.
Fmancial Issues:
We would expect the entire project costs to be assessed to the benefitting property owners.
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION RECEMNG PETITION AND
ORDERING FEASffiILITY REPORT
WHEREAS, a petition has been received and it is proposed to make the following
improvements:
I.C. 52-196: Lincoln Lane Paving
and assess the benefitted property for all or a portion of the cost of the improvements, pursuant
to M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
That the proposed improvements be referred to the City Engineer for study with the
assistance of Hansen Thorp Pellinen Olson, Inc., and that a feasibility report shall be
prepared and presented to the City Council with all convenient speed advising the
Council in a preliminary way as to the scope, cost assessment and feasibility of the
proposed improvements.
ADOPTED by the Eden Prairie City Council on May 5, 1998.
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. Uram, Clerk
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT:
Engineering Division
AlanD. Gray
ITEM DESCRIPTION: I.C.98-5461
Fuller Road Storm Sewer Improvements
Recommended Action:
DATE: 05/05198
ITEM NO: 1Ji r
Adopt resolution ordering the preparation of a feasibility study for Fuller Road Storm Sewer
Improvements.
Overview:
A new office warehouse building is currently being proposed for an industrial site at the south
end of Fuller Road. An extension of storm sewer to the south end of Fuller Road is required
to provide an outlet for the storm water treatment facility that will serve this site. This storm
sewer would also provide a future outlet for the undeveloped portion of Birchwood Labs site at
the south end of Fuller Road.
The proposed storm sewer would be approximately 650 feet in length and will ultimately be
needed by the two properties at the south end of Fuller Road to support their future
development. The developers of the currently proposed project have requested the City begin
a feasibility study at this time in order to be able to construct storm sewer to support
development of the property by fall, 1998. Since the storm sewer extension is ultimately needed
and the City may be concurring with a development proposal for one of the sites at the south
end of Fuller Road within the next two months, it is prudent to begin the feasibility study
process at this time.
Financial Issues:
It is anticipated that the entire project cost would be assessed to benefitting properties at the
south end of Fuller Road.
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION RECEIVING PETITION AND
ORDERING FEASmILITY REPORT
WHEREAS, a petition has been received and it is proposed to make the following
improvements:
I.C. 98-5461: Fuller Road Storm Sewer Improvements
and assess the benefitted property for all or a portion of the cost of the improvements, pursuant
to M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
That the proposed improvements be referred to the City Engineer for study with the
assistance of H.T.P.O., and that a feasibility report shall be prepared and presented to
the City Council with all convenient speed advising the Council in a preliminary way as
to the scope, cost assessment and feasibility of the proposed improvements.
ADOPTED by the Eden Prairie City Council on May 5, 1998.
Jean L. Harris, Mayor '
ATTEST: SEAL
Donald R. Uram, Clerk
2
DATE: 05/05198
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar ITEM NO: IV.Y,
DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5466
Engineering Division Forest Hill Road Improvement
AlanD. Gray
Recommended Action:
Authorize a feasibility study for I.C. 98-5466, Forest Hill Road Improvement.
Overview:
The residents of Forest Hill Road are requesting that the east end of Forest Hill Road be
completed and terminated with a cul-de-sac.
Recent studies have looked at the possibility of extending Forest Hill Road easterly to connect
with Candice Drive. Based on neighborhood input it has been decided not to proceed with that
connection. Improving and fInishing the current easterly end of Forest Hill Road with a cul-de-
sac would be appropriate for neighborhood use and maintenance purposes.
Primary Issues:
Some additional right-of-way will likely be required to construct a cul-de-sac at the easterly end
of Forest Hill Road. A very careful study of a cul-de-sac improvement will be necessary in
order to fit into the topography of existing lots at the east end. After completion of a cul-de-sac
improvement there may be some excess right-of-way that could be vacated to improve the
buildability of the lots on the south side of Forest Hill Road.
Financial Issues:
It is assumed that the cost of this project will be 100% assessed to benefitting properties. Based
on the neighborhood interest in this improvement as documented on the petition, most property
owners believe that terminating the road in a cul-de-sac will be of value to their property. A
study may likely conclude that a portion of cost should be apportioned to all residential
properties along Forest Hill Road in addition to cost apportioned to the most easterly lots that
would correctly abut the improvements.
I
FOREST HILL PETITION
The residents of Forest Hill Road request the City of Eden Prairie
complete the cul-du-sac at the end of Forest Hill Road. We ask that the
completion of Forest Hill Road be tied to the Wynstone development since
two of the three lots, which are undeveloped, are included as part of the
land sale.
13830
13890
13920
13925
13950
13955
13985
14000
14015
14030
14045
, \j 1 ')
/' Ii {~L-ULILtf<4{tr,
~. --, 0Zl~
6' //'8'''' ,~/ 0-t>/ , .. ' ,......-v-7:::-r:
~~-MI
,\\Ck~·~~kcJ
(;
, I
)' t
~~
/ ~!. \j aj7UU;J
14060
14075
14090 ~.lY)~
.
14105 ~~~~
14120
14150
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION RECEIVING PETITION AND
ORDERING FEASffiILITY REPORT
WHEREAS, a petition has been received and it is proposed to make the following
improvements:
I.C. 98-5466: Forest Hill Road Improvements
and assess the benefitted property for all or a portion of the cost of the improvements, pursuant
to M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
That the proposed improvements be referred to the City Engineer for study with the
assistance of R.C.M. Inc., and that a feasibility report shall be prepared and presented
to the City Council with all convenient speed advising the Council in a preliminary way
as to the scope, cost assessment and feasibility of the proposed improvements.
ADOPTED by the Eden Prairie City Council on May 5, 1998.
Jean L. Harris, Mayor
ATIEST: SEAL
Donald R. Uram, Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar 5/5/98
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Administration Proclamation for Dave Anderson rv.K
Requested Action:
Approve the Proclamation proclaiming May 14th to be "Dave Anderson Day" and the presentation of the
Key to the City.
Backl:round
Dave Anderson has served the people of Eden Prairie as a citizen-volunteer for the past 20 years by his
leadership and involvement with the Eden Prairie Hockey Association, Eden Prairie Football Association,
Eden Prairie Parks and Recreation Board, Eden Prairie Foundation, Prairie Fest, Eden Prairie School
Board and the Eden Prairie Rotary.
PROCLAMATION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
WHEREAS, Dave Anderson has served the people of Eden Prairie as a citizen-volunteer for
the past 20 years with dedication, imagination, and integrity; and
WHEREAS, Dave Anderson is recognized for his contributions to youth and sports through
his service on the Eden Prairie Hockey Association and Eden Prairie Football Association; and
WHEREAS, Dave Anderson's leadership on the Eden Prairie Parks and Recreation Board, the
Eden Prairie Foundation, and the Prairie Fest has brought enthusiasm and an invigorated sense
of community to Eden Prairie; and
WHEREAS, Dave Anderson has set an example of dedication to educational excellence
through his 16 years of service on the Eden Prairie School Board, nine years as chairman; and
WHEREAS, Dave Anderson has shared his hand and his heart with all residents of his
community through his active participation in the Eden Prairie Rotary since 1979; and
NOW, THEREFORE, I, Jean L. Harris, Mayor of the City of Eden Prairie and on behalf of
the City Council, do hereby proclaim May 14, 1998 to be
DA VE ANDERSON DAY
and do hereby present a Key to the City to Dave Anderson for his 20 years of service to the
community.
Hereby Proclaimed this 5th Day of May, 1998.
Jean L. Harris, Mayor
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-5-98
SECTION: PUBLIC HEARINGS v.A, ITEM NO.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger SETTLERS RIDGE
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
1. Close the Public Hearing;
2. Adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential to
Medium Density Residential on 11.77 acres;
3. Adopt the Resolution for PUD Concept Review on 112 acres;
4. Approve 1 st Reading ofthe Ordinance for PUD District Review on 112 acres and Rezoning from
Rural to RM-6.5, Rl-9.5 and Rl-13.5 on 112 acres;
5. Adopt the Resolution for Preliminary Plat on 112 acres into 22710ts and 4 outlots; and
6. Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations (and Council conditions).
Background:
In February the City approved a plan for Settler's Ridge for the Daril Peterson Property. Pemtom is adding
the Dorenkemper and Vogel property to make a larger project.
The guide plan change is for 11.77 acres of the site along Pioneer Trail. The change is from low density
residential to medium residential for 61 townhouses. The clustering of units helps preserve larger areas of
trees, wetlands, bluff, and creek elsewhere on the site.
The concept plan shows the subdivision of 112 acres into 227 lots at a gross density of2.01 units per acre.
The concept plan has three types of single family homes, including 39 standard RI-13.5 lots along Riley
Creek and the City Park to the south, 80 standard RI-9.510ts, and 47, RI-9.5 lots with waivers for a lot size
and street frontage.
There are lot size and street frontage waivers. The waivers needed for a density transfer to preserve more
open space on the property. There is also a cuI de sac length waiver for street B.
J
Sixty feet of right of way is needed along Pioneer Trail.
Planning Commission Recommendation:
On April 13, 1998, the Planning Commission voted 7-0 to approve the project based on a revised plan to
eliminate a cuI de sac by connecting street H to B.
Parks and Recreation Commission Recommendation:
On April 20, 1998, the Parks and Recreation Commission voted 7-0 to approve the project.
Supporting Reports:
1. Resolution for Comprehensive Guide Plan Change
2. Resolution for PUD Concept Review
3. Resolution for Preliminary Plat
4. Staff Report dated AprillO, 1998
5. Planning Commission Minutes dated April 13, 1998
SETTLERS RIDGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
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 proposal of Settlers Ridge by Settlers Ridge Limited Partnership
(pemtom) for construction of a residential development consisting of 227 lots and 4 outlots
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 ofthe Plan subject to Metropolitan Council
approval as follows: 11.77 acres from Low Density Residential to Medium Density Residential
located South of Pioneer Trail and west of Riley Creek.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of May, 1998.
Jean L. Harris, Mayor
ATTEST:
Donald R. Uram, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
SETTLERS RIDGE
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT REVIEW OF SETTLERS RIDGE
FOR SETTLERS RIDGE LIMITED PARTNERSHIP (PEMTOM)
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 Settlers
Ridge PUD Concept Review by Settlers Ridge Limited Partnership (Pemtom) 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 May 5, 1998;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota,
as follows:
1. Settlers Ridge, 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 April 28, 1998.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated April 13, 1998.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of May, 1998.
Jean L. Harris, Mayor
ATTEST:
Donald R. Uram, City Clerk
Settlers Ridge
Exhibit A
EXISTING LEGAL DBSCRIPTION:
The Northeast Quarter of the Southwest Quarter and the West One-Half of the Northwest Quarter of the
Southeast Quarter lying southerly of Riley Creek, all in Section 30, Township 116 North, Range 22
West and that part of the Southeast Quarter of the Southwest Quarter of said Section 30 and that
part of the West One-Half of the Southwest Quarter of the Southeast Quarter of said Section 30 lying
northerly of the following described line:
Commencing at the Northwest corner of the Southeast Quarter of the Southwest Quarter of said
Section 30; thence South 0 degr.ees 29 minutes 40 seconds East along the west line of said
Quarter-Quarter a distance of 77.00 feet to the beginning of tHe line to be described; thence
North 84 degrees 33 minutes 53 seconds East a distance of 336.63 feet; thence South 52 degrees
50 minutes 20 seconds East a dista~ce of 382.42 feet; thence North 84 degrees 34 minutes 46
seconds East a distance of 618.87 feet; thence South 82 degrees 27 minutes 55 seconds East a
distance of 481.29 feet; thence North 57 degrees 23 minutes 44 seconds East a distance of 160.30
feet; thence North 4 degrees 30 minutes 10 seconds East a distance of 108.79 feet to the North
line of the West half of the Southwest Quarter of the Southeast Quarter of said Section 30 and
said line there terminating.
AND:
Lot 1, Block 1, Lats 1 & 2, Block 2, and the Right-of-Way of Dorenkemper Boulevard as dedicated on
the plat af DORENKEMPER ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota.
AND:
:The Northwest Quarter of the Southwest Quarter of Section 30, Township 116 North, Range 22 West,
(EXCEPT the North 477.30 feet thereof.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
SETTLERS RIDGE
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SETTLERS RIDGE FOR
SETTLERS RIDGE LIMITED PARTNERSHIP (PEMTOM)
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Settlers Ridge for Settlers Ridge Limited Partnership (Pemtom) dated
April 28, 1998, consisting of 112 acres into 227 lots and 4 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 May, 1998.
Jean L. Harris, Mayor
ATTEST:
Donald R. Uram, City Clerk
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
OWNER:
LOCATION:
REQUEST:
Planning Commission
Michael D. Franzen, City Planner
April 10, 1998
Settlers Ridge 1998
Pemtom
Darril Peterson, Alex Dorenkemper, Richard Vogel
South of Pioneer Trail, west of Riley Creek
1. Comprehensive Guide Plan Change From Low Density Residential
to Medium Density Residential on 11.17 acres.
2. Planned Unit Development Concept Review on 112 acres.
3. Planned Unit Development District Review on 112 acres.
4. Rezoning from Rural to Rl-13.5, Rl-9.5, and RM 6.5 on 112
acres.
5. Site Plan Review on 11.77 acres.
6. Preliminary Plat of 112 acres into 227 lots and 4 outlots.
1
o
u
ci «
"
1-------1 ::1------
~
>
)0 ~ ~ 1~~31---------~====~--::-<>:~I~\
Staff Report
Settlers Ridge
April 10, 1998
BACKGROUND:
In February the City approved a plan for Settler's Ridge for the Daril Peterson Property. Pemtom
is adding the Dorenkemper and Vogel property to make a larger project.
The site is currently guided low density residential and open space. Surrounding land is guided
low density residential and open space. The site is currently zoned rural. Surrounding land is
zoned rural and Rl-22.
GUIDE PLAN CHANGE:
The guide plan change is for 11.77 acres of the site along Pioneer Trail. The change is from low
density residential to medium residential for 61 townhouses. The clustering of units, helps
preserve larger areas of trees, wetlands, bluff, and creek elsewhere on the site.
PLANNED UNIT DEVELOPMENT CONCEPT:
The concept plan shows the subdivision of 112 acres into 227 lots at a gross density of2.0l units
per acre.
The concept plan has three types of single family homes, including 39 standard Rl-13.5 lots along
Riley Creek and the City Park to the south, 80 standard Rl-9.5 lots, and 47, Rl-9.5 lots with
waivers for a lot size and street frontage. There are 61 townhouses.
Planned Unit Development waivers are requested as follows:
RM 6.5 District
1. Lot depth from 100 feet to 91 feet.
2. A front yard setback from 30 feet to 25 feet.
3. A side yard setback from 10120 feet to 5/10 feet.
Rl-9.5 District
1. Lot size from 9,500 square feet to 8,869 square feet.
2. Lot frontages from 70 feet to 55 feet.
2
Staff Report
Settlers Ridge
April 10, 1998
3. Side yard setbacks from 5/15 feet to 5110 feet.
RI-13.5 District
1. Front a yard setback from 30 to 25 feet.
2. CuI de sac waiver from 500 to 1700 feet.
The RM 6.5 and Rl-9.5 waivers are reasonable for the following reasons:
1. The overall density of2.0l units per acre is less than the guide plan density of2.5
units per acre.
2. The smaller lots are a density transfer in exchange for open space.
3. The smaller lots provide a one level walkout product.
4. The average lot size is greater than the minimum 9,500 square foot lot size
requirements.
The RI-13.5 waiver for setback is not reasonable since the roads and lot lines could be shifted
slightly to eliminate the waiver.
SHORELAND ORDINANCE:
The shoreland ordinance does not apply since none of the lots are within 150 feet of Riley Creek.
Outlot E will be owned by the City.
HISTORIC AND CULTURAL RESOURCES:
The archaeological survey on sheet seven indicates burial mounds on the property which impact
Block 2. If the State Archaeologist confmns the location of the mounds and determines that they
must be saved, than the mound alternative plan, with a different lotting plan will be required.
GRADING AND TREE LOSS:
There are 5,800 caliper inches of significant trees located primarily along the steep slopes adjacent
to Riley Creek. Tree loss is calculated at 17% or 595 caliper inches. This compares to the
average tree loss of 30% for residential projects. The tree replacement required is 220 caliper
inches.
3
10
Staff Report
Settlers Ridge
April 10, 1998
REVISED ROAD CONNECTION:
Street H should be connected to Street B. There are no trees or topographic barriers that would
prohibit this connection.
EROSION CONTROL AND DRAINAGE:
Sheet six shows a preliminary active erosion control plan. This plan shows how active erosion
areas can be stabilized. A NURP pond, for treatment of stormwater, is shown on the plan.
ARCHITECTURAL DIVERSITY PLAN:
The architectural diversity plan meets city requirements.
LANDSCAPE PLAN:
The landscape plan required for the townhouses meets the caliper inch requirement of the City
Code. To help reduce the visual impact of the town homes from Pioneer Trail there should be a
5-foot high berm and additional plantings.
STAFF RECOMMENDATIONS:
The staff would recommend approval of the Guide Plan Change From Low Density Residential
to Mediurri Density residential, Planned Unit Developm.ent Concept Review, Planned Unit
Development District Review, Zoning District Change from Rural to Rl-9.5, Rl-13.5, and RM-
6.5, Site Plan Review, and Preliminary Plat, based on plans dated April 10, 1998 and subject to
the recommendations of the staff report dated April 10, 1998, and subject to the following
conditions:
1. Prior to City Council review, the proponent shall:
A. Revise the landscape plan to add a berm and more trees along Pioneer Trail in
front of the town homes.
B. Revise the preliminary plat to eliminate the setback waiver.in the Rl-13.5 district.
C. Connect Street H to Street B.
4
II
Staff Report
Settlers Ridge
April 10, 1998
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. Construction fencing must be in place and approved by the City
Forester prior to grading and tree removal.
3. The following waivers from the City code are granted as part of the Planned Unit
. Development District review in the Rl-9.5 Zoning District:
A. Lot sizes from 9,500 square feet to 8,869 square feet.
B. Lot frontages from 70 feet to 40 feet for Block 8 and 55 feet for Block 12.
C. Side yard setbacks from 5/15 feet to 5/10 feet.
4. The following waivers from the City code are granted as part of the Planned Unit
Development District review in the RM-6.5 Zoning District:
A. Lot depth from 100 feet to 91 feet.
B. Front yard setbacks from 30 feet to 25 feet.
C. Side yard setbacks from 10/20 feet to 5/1 0 feet.
5
Staff Report
Settlers Ridge
April 10, 1998
5. The following waivers from the City code are granted as part of the Planned Unit
Development District review in the RM-13.5 Zoning District:
A. CuI de sac length from 500 to 1700 feet..
6
I~
To:
Through:
From:
Date:
Subject:
BACKGROUND:
Memorandum
Parks, Recreation and Natural Resources Commission
Bob Lambert, Director of Parks, Recreation and Natural Resources
Stuart A. FO~ager of Parks and Natural Resources
April 16, 1998
Supplemental Staff Report to the Community Development Staff Report of
April 10, 1998 for Settler's Ridge 1998
The proposed project is located in the southwestern part of Eden Prairie on 112 acres abutting
Pioneer Trail and the City's boundary with the City of Chanhassen. The developer is seeking
preliminary plat of 112 acres into 227 lots and four outlots.
NATURAL RESOURCE ISSUES:
Tree Loss/Landscaping
This property is bounded by steep slopes on the northeasterly side along Riley Creek and the City
park property on the south. The total amount of trees on the site is estimated at 5,800 diameter
inches. The tree loss is proposed to be 57 trees, totaling 959 diameter inches. This results in a 17%
loss of significant trees as defined by City Code for this project. Mitigation totals 221 caliper inches
of replacement trees.
This site has a large variety of trees on it, including oak, basswood, hackberry, ash, cottonwood, and
Eastern red cedar. The majority of the site is currently farmland; however, there are some fence lines
that have quite a few groupings of significant trees with mixed brush and under story trees. The
majority of the trees on the site are located in Outlot D and also in the lower portion of the lots in the
southwestern comer of the development.
The landscaping plan for the site has a large variety of deciduous and coniferous materials that would
be planted primarily as street scape plantings. The amount of trees as shown on the landscaping plan
required for mitigation and multi family screening requirements meet the landscaping/mitigation
requirements.
NURP Pond/Erosion Control
Storm 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 ofrear 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 of berms, fences, and trees.
II)
PARKLAND DEDICATION:
Since the City began acquisition of the PetersonlKlein property, staffhave indicated that the City
should strongly consider the acquisition of approximately six to seven acres of land owned by the
Vogel's. That property is now being proposed for development within the Settler's Ridge proposal.
City staff believe it is important to own to approximately the 840 contour as City park and to require
a conservation easement over the remaining steep wooded bluff above the 840 contour.
Staff recommend the City require dedication of approximately six acres of land in lieu park fees on
approximately 60 acres of the project.
In order to acconnnodate the developer's request to accomplish the park dedication, City staff have
recommended support of the developer's proposal to subdivide the proposed park outlot into three
separate outlots that would be dedicated based on the timing of development of the adjacent lots.
The City would charge the full cash park fees for the entire subdivision and reimburse the developer
for acquisition of the parkland dedication after the City has received dedication of the final outlot.
The City would reimburse the developer based on the 1998 cash park fee of$1,650 per unit and
based on the final approved density of 2.0 1 units per acre over 66 acres based on a dedication of a
6.6 acre park. Sixty six acres times 2.01 units per acre equals 132.66 units times $1,650 per unit
equals $218,889 for 6.6 of parkland.
The developer has also committed to dedicate Outlots E and C for trail access points and may either
file a conservation easement and public trail easement over Outlot D or may decide to gift that
property to the City sometime in the future.
PUBLIC ACCESS TO FUTURE CITY PARKLAND FROM THE NORTH:
Staff would recommend extending the public road right-of-way to the property that is proposed to
be acquired by the City in the location of the farm access road. The developer would be required to
construct a 22 foot wide park access road to his south property line. The City should also attempt
to obtain a right of entry to construct a park road and parking lot at the time that Street "C" is
constructed. This should only be required if the City is willing to develop a parking lot south of that
boundary large enough to accommodate 8-10 cars that could be· screened from the lots to the north.
City staff do not believe it makes sense for the City to spend nearly two million dollars for over 120
acres of land and not provide access for cars from the north. City staff do not believe the public
would be satisfied parking one or two blocks away from access points to the park, and would, in fact,
park in front of homes immediately adjacent to the entry points. Eventually, these property owners
would complain that those access points be closed from the north, or would demand limited hours
of access points from those areas.
By making this recommendation, City staff are making the assumption that the City will be acquiring
the 31 acre parcel of property presently owned by Danill Peterson and the Klein family. The City has
an option on this property until the year 2000 and owns approximately 17 acres east of this site and
68 acres west of this site. The City bas applied for a LCMR Grant for the acquisition of this property
this year. If the City acquires this 31 acre site and the six acres of the Vogel site, the Richard T.
Anderson Conservation Area will total approximately 122 acres and will eventually be the most
Ji,
this year .. If the City acquires this 31 acre site and the six acres of the Vogel site, the Richard T.
Anderson Conservation Area will total approximately 122 acres and will eventually be the most
spectacular conservation area in the community in terms ofland forms, views, and the variety of plant
species.
RECOMMENDATION:
This project was reviewed at the April 13, 1998 Planning Commission meeting and was approved on
a 6-0 vote. The Planning Commission approval was based on the staff recommendations contained
in the April 10, 1998 staff report from the City Planner.
Staff would recommend approval of this project based on the information contained in the Planning
Staff Report and the recommendations within this supplemental staff report.
Sridge.memo.Stuart98
l1
The Pemtom Land Company
7597 ANAGRAM DRIVE
EDEN PRAIRIE, MINNESOTA 5534.4
(612)937-0716 • FAX 937-8635
TO: Robert Lambert, Director of Parks and Natural Resources
City of Eden Prairie
SUBJECT: Park/Trails for Settlers Ridge
DATE: April 15, 1998
Attached is a summary of the value of the park and trail proposal I feel is included in my
submittal to the City on Settlers Ridge. The proposal was recommended for approval by
the Planning Commission on April 13, 1998 subject to staff recommendations and
recommendations of the Park and Natural Resources Commission.
Your recommendation beyond the proposal I submitted, would be to include the "floor" of
the Vogel property as a much needed addition to the Richard T. Anderson Conservation
Area. I have expressed serious concerns about future public and private conflicts in this
area and have enclosed a sketch comprising 6.6 acres ofland on the Vogel property and a
small portion of previously designated Outlot A off Street D. I believe this plan would
provide some much needed space in lieu offollowing an approximate 840 contour to help
minimize potential future conflicts.
The formula we discussed would be for Settlers Ridge Limited Partnership and the City of
Eden Prairie to enter into an agreement wherein the Partnership would provide a deed for
Outlot I to be placed in escrow at the time the Final Plat would be approved on the Vogel
property. This deed would be encumbered by the Vogel mortgage until we paid for its
release. The deed would not be recorded until such time that Settlers Ridge Limited
Partnership had released sufficient parcels ofland from Mr. and Mrs. Vogel and at such
time, that the City would have collected sufficient park fees to-reimburse the Partnership
for the value of this land.
The formula would be based on all of the eligible lots and at a rate of$1,650 per lot, the
current park dedication fee. The same park dedication fee, even though it may be raised in
the future by the City of Eden Prairie, would remain constant during the term of this
agreement.
The formula would provide a 6.6 acre dedication for a credit of 66 acres, or whatever the
exact acreage of the outlot would be, times the approved gross density, which as presently
submitted is 2.01 units per acre times the $1,650 per lot park dedication fee. For purposes
of example, assuming the acreage would be 66 acres, the payment to Settlers Ridge
Limited Partnership, would be 66 acres x 2.01 x $1,650 = $218,889. We would also need
to provide a date certain for the recording of the deed.
,
I
Robert Lambert
April 15, 1998
Page 2
I am hopeful this will bring us closer to a resolution of your desire to integrate this
property with the Richard T. Anderson Conservation Area and my desire to keep some
private/public spatial relati,9nships to save both the City and homeowners potential future
conflicts. I am also hopeful we can resolve the parking issue that you are requesting on
the KleinlPeterson property south of Settlers Ridge.
Sincerely,
Cf'EjTOM/tN; ?MPANY
l/-lIN({
President
DJHlidt
..... ..:.
1 "
SETTLERS RIDGE
PARK -TRAIL PROPOSAL AS SUBMITTED
1. Pay per Lot cash dedicatiOil
227 Lots @ $1,650
2. Deed Outlot A to City
.22 acres @ $62,000 per acre*l
* Land at developers cost
1 No consideration for depreciation
of adjacent lot value.
3. Deed Outlot C to City
.15 acres @ $62,000 per acre *1
4. Deed Outlot D to City
5.80 acres @ $62,000 per acre *1
5. Deed Outlot E to City
.40 acres @ $62,000 per acre *1
6. Install for City 8,100 linear feet of trail @ $14Ilft.
VALUE OF CASH, LAND, AND TRAIL
~o
$374,550
13,640
9,300
359,600
24,800
113,400
$895,290
MEMORANDUM
TO: Development Review Committee
FROM: Leslie Stovring ~
DATE: March 27,1998
SUBJECT: Settler's Ridge -On Site Meeting 3/20/98
I met with Ken Powell from Westwood Professional Services and a Technical Advisory Panel (TAP)
consisting of Rick Lestina from Barr Engineering, Dave Thill from Hennepin Conservation District and
Doug Snyder from the Minnesota Board of Water & Soil Resources at the Settlers Ridge site on Friday,
March 20, 1998. The following issues were discussed.
• Basin B is a Type 3 shallow fresh marsh located east ofthe farmhouse and outbuildings on the
Dorenkemper property. The pond includes approximately 0.29 acres. The pond ~as apparently
excavated within an upland area to form wetland habitat. A pipe from an adjacent well was
identified leading into the pond. According to a neighbor, the wetland is supplemented with water
during dry periods but is self-sustaining. This wetland was determined to be jurisdictional. Any
fill within the pond will need to be mitigated. The need for water supplementation to maintain
wetland conditions, particularly during dry conditions, should be evaluated if the wetland is not
filled for development. The use of the island within Basin C was discussed as a mitigation site.
• Basin C is a Type 5 open fresh water pond on the Dorenkemper property. The pond includes
approximately 0.50 acres. The majority of the pond was excavated beyond the limits of an
original wetland to form additional wetland habitat. It has very steep side slopes with an inner
island which is accessible by a paved pathway on the east side. This wetland was determined to
be jurisdictional. Any fill within the pond will need to be mitigated. The TAP also determined
that the majority of the island would be considered upland and could be excavated to provide
wetland mitigation for additional on-site impacts.
• Basin D is a Type 2 inland fresh meadow. The wetland was re-delineated on March 4, 1998 by
Westwood and the size was increased to 2.05 acres. The TAP confirmed the boundaries as
marked in the field and as noted in the memorandum dated March 12, 1998.
• Basin E is a Type 1 seasonally flooded basin which was identified during the wetland inventory
conducted by Peterson Environmental the summer of 1997. This wetland was also delineated on
March 4, 1998 by Westwood. The TAP confirmed the boundaries as marked in the field and as
noted in the memorandum dated March 12, 1998.
• Basin F is a Type 3 shallow fresh marsh on the southern edge of the Klein-Peterson property.
This wetland has a number of mature cottonwoods within the 25 foot buffer zone. Preservation
of this buffer area was discussed. We discussed the City's 25 foot buffer guideline for
development projects and it was agreed that the City should try to maintain this buffer during the
development review negotiations.
The TAP also evaluated a number of areas identified as poorly drained on the Hennepin County soils
survey. None of these areas was identified as jurisdictional wetlands.
1..1
PLANNING COMMISSION MINUTES
April 13, 1998
Page 7
B. SETTLERS RIDGE by Settlers Ridge Limited Partnership. Request for
Comprehensive Guide Plan Change from Low Density Residential to Medium Density
Residential on 6.2 acres, Planned Unit Development Concept Review on 112 acres,
Planned Unit Development District Review on 112 acres, Rezoning from rural to RM-
6.5, RI-9.5 and RI-13.5 on 112 acres, Site Plan Review on 5 acres and Preliminary
Plat on 112 acres into 227 lots. Location: South of Pioneer Trail and west of Riley
Creek.
Dan Herbst, Westwood Planning and Engineering, introduced Dwight Jellie, the
project planner and Mark Anderson from Lundgren Bros. Herbst reviewed the plan
noting they have now added the Vogel and Dorenkemper properties. He noted the
plan will include single family homes and town homes. He described the traffic
circulation pattern throughout the development. He discussed the housing types,
topography, drainage plan and ponding which will occur on the site. He noted they
have proposed to have cul-de-sacs within the development with only one access to
Pioneer Trail. There will be a homeowners association and a trail to the Richard
Anderson conservation area which will be connected to the City trail system. The
density of this project has not increased significantly, and he noted that cultural
resources within the development are being protected. They are preserving the
architectural features from the past, hence the name "Settlers Ridge".
Sandstad commented he was concerned about the traffic circulation both within the
site and also on Pioneer Trail, and he asked if it would be possible to change the shape
of the cul-de-sac so that it would run into the comer of the Wier property. Herbst
responded they cannot control when that property will develop and they have satisfied
the concerns expressed by the City Engineering Department regarding traffic
circulation on the site. They are trying to create individual neighborhoods within the
development, which seems to be what people want. Sandstad stated that 90% of the
traffic will gain access from Pioneer Trail and he felt that it would be better to have
a little more of the traffic go through a possible connection through the Wier property
in the future. He commented there were a lot of houses on one drive.
Herbst showed the graphic depicting the entrance monument and described the
berming and landscaping which will be used at the entrance along Pioneer Trail.
Kipp gave the staff report and reviewed the changes to the plan from the original
submittal. Staff recommended approval of the project subject to the stipulations listed
in the staff report. Staff is also requesting that the proponent connect Street H to
Street B to improve traffic circulation within the site.
Sandstad asked about a conservation easement along the bluff line. Kipp responded
it will be reviewed by the Park Commission and these issues will be addressed at that
time. The conservation easement is usually made at the top of the bluff. Sandstad
inquired how the easement over the Williams Pipeline that runs between the two
housing types will be treated. Herbst responded it is a flat area now but Williams has
such strict regulations regarding what can be done on it, it is doubtful they can do
PLANNING COMMISSION MINUTES
April 13, 1998
Page 8
much in the way of alteration.
Herbst stated there are no variances requested for the bluff lots and they want to be
sure they can put the houses on the lots and they asked for this to be considered.
They are also opposed to making the street connections recommended by staff
because they believe it will create a disruptive traffic flow within the development.
Foote asked if warning sirens were available in this area and Kipp responded it was
not something he knew but would check with the Police Department. A resident
commented there was a siren located at Dell Road and Pioneer Trail.
The Public Hearing was opened.
Paul Offerman, 9614 Westwood Terrace, asked if the setback from the creek was still
150' and Kipp responded single family housing can be within 100 feet and they cannot
go onto the bluff area.
Lynette Wheelock, 9576 Crestwood Terrace, stated she was concerned about the
development being within the vicinity of the creek. Herbst stated they have given this
area adjacent to the creek to the City and the townhouses are not in the outlot of the
creek and it will not be impacted. Wheelock asked why the single family housing was
not located on the creek side of the development and Herbst responded that it would
not be possible to do that as they cannot construct on grade in that area and the single
family homes would not be constructed at that depth. Wheelock was concerned about
the traffic on Pioneer Trail and asked about an upgrade in the future. Herbst
responded they are dedicating the right-of-way for an upgrade to Pioneer Trail which
would be done by the County. Wheelock asked about the staging of the project and
Herbst responded that sewer and water will be put in by August of 1998. Wheelock
asked about tree loss and Herbst reviewed the landscape plan and noted the erosion
control measures that will be taken during construction. Wheelock commented she
owned one of the 5 acre parcels and was opposed to having any high density housing
constructed in this area of Eden prairie.
John Zatoni, 9576 Crestwood Terrace, stated the traffic on Pioneer Trail is bad now
and he was very concerned about what it was going to be like when this development
was completed. He noted the hill in this area makes it extremely difficult and during
bad weather it will be very hazardous at this intersection. He asked how they were
going to deal with the curve when the road was upgraded and Herbst responded they
do not have the plan together yet but will deal with that at the time that Pioneer Trail
is upgraded. Zatoni was concerned about the view from his property towards the
townhomes and the density and felt it would cause problems in the future.
Lewis asked what the height of the town houses would be and Herbst responded that
they will be both one and two story town homes in order to give people a mix of
housing types to choose from.
Thomas Wier asked if Herbst could change the roadway to go into his property and
PLANNING COMMISSION MINUTES
April 13, 1998
Page 9
Herbst responded they could do that but they have tried to create separate
neighborhoods within this development. Wier discussed the potential alternative
access points which could be gained by incorporating a portion of his property into
this development.
Greg Halvorson commented he lives on the shore of Lake Riley, and traffic is very
bad on Pioneer Trail at present and he did not see how it would be improved by this
development, but rather would incur serious problems in the future. Alexander asked
if the developer could put the two story town houses further west to lessen the impact
on the adjacent property owners. Herbst responded they will look at that but they
need to be careful of the bluffs also.
Dorn asked about the location of the Indian mounds and the other issues that were
discussed from the previous plan and ifthat was going to require revision ofthe plan.
Herbst responded they have hired Christina Harrison who will determine if there are
really burial mounds on the site and if it turns out that there are burial mounds they
have a backup plan. They will have this resolved prior to final plat approval.
Foote commented he liked the plan and the layout. He commented the roads could
not be changed because the Wier property was not developed or included in the
project. He thought connecting Road H to Road B would improve the internal
circulation somewhat.
Sandstad stated he liked the plan and the location of the town houses along the creek.
He thought multi-story town houses would be fine along the creek and he supported
the plan with the road connections recommended by staff. Lewis concurred and
commented she felt they did a good job of preserving the natural resources within the
site. Clinton commented he also liked the concept and with 112 acres in the plan they
will know what it will look like when it is completed.
MOTION: Foote moved, seconded by Alexander to close the Public hearing.
Motion carried 6-0.
MOTION: Foote moved, seconded by Alexander to recommended to the City
Council approval of the request of Settlers Ridge Limited Partnership for
Comprehensive guide Plan Change from Low Density Residential to Medium Density
Residential on 6.2 acres, Planned Unit Development concept Review on 112 acres,
Planned Unit Development District Review on 112 acres, Rezoning from rural to RM-
6.5, Rl-9.5 and Rl-13.5 on 112 acres, Site Plan Review on 5 acres and Preliminary
Plat on 112 acres into 227 lots based on plans dated April 10, 1998 and subject to the
recommendations of the Staff Report dated April 10, 1998. Motion carried 6-0.
To:
Through:
From:
Date:
Subject:
BACKGROUND:
Memorandum
Parks, Recreation and Natural Resources Commission
Bob Lambert, Director of Parks, Recreation and Natural Resources
Stuart A. FO~ager of Parks and Natural Resources
April 16, 1998
Supplemental Staff Report to the Community Development Staff Report of
April 10, 1998 for Settler's Ridge 1998
The proposed project is located in the southwestern part of Eden Prairie on 112 acres abutting
Pioneer Trail and the City's boundary with the City of Chanhassen. The developer is seeking
preliminary plat of 112 acres into 227 lots and four outlots.
NATURAL RESOURCE ISSUES:
Tree LosslLandscaping
This property is bounded by steep slopes on the northeasterly side along Riley Creek and the City
park property on the south. The total amount of trees on the site is estimated at 5,800 diameter
inches. The tree loss is proposed to be 57 trees, totaling 959 diameter inches. This results in a 17%
loss of significant trees as defined by City Code for this project. Mitigation totals 221 caliper inches
of replacement trees.
This site has a large variety of trees on it, including oak, basswood, hackberry, ash, cottonwood, and
Eastern red cedar. The majority of the site is currently fannland; however, there are some fence lines
that have quite a few groupings of significant trees with mixed brush and under story trees. The
majQrity of the trees on the site are located in Outlot D and also in the lower portion of the lots in the
solithwestern comer of the development.
The landscaping plan for the site has a large variety of deciduous and coniferous materials that would
be planted primarily as street scape plantings. The amount of trees as shown on the landscaping plan
required for mitigation and multi family screening requirements meet the landscaping/mitigation
requirements.
NURP PondJErosion Control
Stonn 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.
Ar~heological 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.
"rl ,
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 of berms, fences, and trees.
PARKLAND DEDICATION:
Since the City began acquisition of the PetersonlKlein property, staffhave indicated that the City
should strongly consider the acquisition of approximately six to seven acres of land owned by the
Vogel's. That property is now being proposed for development within the Settler's Ridge proposal.
City staff believe it is important to own to approximately the 840 contour as City park and to require
a conservation, easement over the remaining steep wooded bluff above the 840 contour.
Staff recommend the City require dedication of approximately six acres of land in lieu park fees on
approximately 60 acres of the project.
In order to accommodate the developer's request to accomplish the park dedication, City staff have
recommended support of the developer's proposal to subdivide the proposed park outlot into three
separate outlots that would be dedicated based on the timing of development of the adjacent lots.
The City would charge the full cash park fees for the entire subdivision and reimburse the developer
for acquisition of the parkland dedication after the City has received dedication of the final outlot.
The City would reimburse the developer based on the 1998 cash park fee of $1,650 per unit and
based on the final approved density of2.01 units per acre over 66 acres based on a dedication of a
6.6 acre park. Sixty six acres times 2.01 units per acre equals 132.66 units times $1,650 per unit
equals $218,889 for 6.6 of parkland.
The developer has also committed to dedicate Outlots E and C for trail access points and may either
file a conservation easement and public trail easement over Outlot D or may decide to gift that
property to the City sometime in the future.
PUBLIC ACCESS TO FUTURE CITY PARKLAND FROM THE NORTH:
Staff would recommend extending the public road right-of-way to the property that is proposed to
be acquired by the City in the location of the farm access road. The developer would be required to
construct a 22 foot wide park access road to his south property line. The City should also attempt
to obtain a right of entry to construct a park road and parking lot at the time that Street "C" is
constructed. This should only be required if the City is willing to develop a parking lot south of that
boundary large enough to accommodate 8-10 cars that could be screened from the lots to the north.
City staff do not believe it makes sense for the City to spend nearly two million dollars for over 120
acres of land and not provide access for cars from the north. City staff do not believe the public
wo?ld be satisfied parking one or two blocks away from access points to the park, and would, in fact,
parI<: in front of homes immediately adjacent to the entry points. Eventually, these property owners
would complain that those access points be closed from the north, or would demand limited hours
of access points from those areas.
By making this recommendation, City staff are making the assumption that the City will be acquiring
the 31 acre parcel of property presently owned by Darrill Peterson and the Klein family. The City has
an option on this property until the year 2000 and owns approximately 17 acres east of this site and
68 acres west of this site. The City has applied for a LCMR Grant for the acquisition of this property
this year. If the City acquires this 31 acre site and the six acres ofthe Vogel site, the Richard T.
Anderson Conservation Area will total approximately 122 acres and will eventually be the most
this year. If the City acquires this 31 acre site and the six acres of the Vogel site, the Richard T.
Anderson Conservation Area will total approximately 122 acres and will eventually be the most
spectacular conservation area in the community in tenns ofland forms, views, and the variety of plant
specIes.
RECOMMENDATION:
This project was reviewed at the April 13, 1998 Planning Commission meeting and was approved on
a 6-0 vote. The Planning Commission approval was based on the staff recommendations contained
in the April 1 0, 1998 staff report from the City Planner.
Staff would recommend approval of this project based on the information contained in the Planning
Staff Report and the recommendations within this supplemental staff report.
Sridge.memo.Stuart98
PARKS, RECREATION AND NATURAL
RESOURCES COMMISSION MINUTES
Apri120, 1998
Page 3
MOTION: Koenig moved, seconded by Hilgeman, to recommend approval of the Flying Cloud
Office building subject to the stipulations listed in the Planning Staff Report dated April 10, 1998 and
the supplemental Staff Report dated April 15, 1998 Motion carried 5-0.
B. Settler's RidKe
Dan Herbst, Pemtom Development Co. gave a brief overview of the project which he noted has been
expanded to 112 acres in size. He described the landscape plan and the types of plantings that will
be used in the various areas on the site. He discussed the plantings that will be used on the benns
around the townhouse area to give it as much buffering from Pioneer Trail as possible. He discussed
the various types of housing throughout the development and their locations throughout the site. He
descnbed the location of the few trees which had been designated as "significant". He reviewed the
trail system within the development and how it will connect to other trails in the vicinity of this
development. They are proposing a 6.6 acre parcel be dedicated to the City which will be part of the
park dedication requirement.
Fox gave the staff report and noted the tree loss was greater than what was in the staff report and the
221 caliper inches in mitigation listed in the staff report was exceeded. The tree mix will be multi-
story to provide good screening. The NURP pond is so large that it is actually a series of inter-
connecting ponds which discharge eventually into Riley Creek. This must be approved by the
Watershed District and the City Engineer. He discussed the park dedication required by staff from
approximately below the 840 contour in lieu of cash park fees. The cash park fees will be collected
on the entire site and the developer will be reimbursed for the 6.6 acres ofland to be acquired by the
City. Staff recommended approval based on the Planning staff report and the supplemental staff
reports included in the packets.
Lambert discussed the land that the City owns adjacent to this site, and the 6.6 acre parcel the City
hopes to acquire which is part of the project, and will fit so well into the Richard T. Anderson
Conservation Area. The City has been negotiating with the developer to obtain this parcel as it is
believed it is an integral part of this public park area. Access to the Conservation area needs to be
available to the public and staff is recommending that access be provided from the north. This would
consist ofa 22' wide roadway which would come from the southern portion of the plat and proceed
south to the top of a small knoll where a small parking lot could be constructed. The developer has
proposed some alternatives for the public parking lot within the development but staff felt that the
parking lot should be within the park itself and not within the development. This access may have
to be limited by placing hours on its availability because of its proximity to people's homes; possibly
sunrise to sunset.
Stolar asked about the property to the east and Lambert responded that when it was developed they
hoped to make a connection from this development to Dell Road but it may not be feasible to build
because ofthe large amount offill which would be needed. However, the bike trail will be connected
to provide public access to Dell Road and the neighborhood park. Koenig asked if the trail within
the conservation area would be built before houses are constructed and Lambert responded that staff
would recommend grading the access road in and have it ready to be paved so there will be no
question on the part offuture homeowners that a parking lot and trail will be located in that particular
PARKS, RECREATION AND NATURAL
RESOURCES COMMISSION MINUTES
April 20, 1998
Page 4
area. This may be a problem as the City doesn't own the property at this time.
MOTION: Hilgeman moved, seconded by Comeille, to recommend approval of Settler's Ridge
proposal subject to the stipulations in the staff reports dated April 10, 1998 and the supplemental staff
report dated April 16, 1998, including the letter of April IS, 1998 and including the trail in Outlot D.
Motion carried 5-0.
V. OLD BUSINESS
None.
VII. NEW BUSINESS
None.
VIII. REPORTS OF COMMISSIONERS AND STAFF
A. Reports of Director of Parks. Recreation and Natural Resources
1. Renew America Certificate of Environmental Achievement
Lambert noted this was included in the packet as an informational item and required no action
on the part of the Commission.
B. Reports of Community Center Mana2er
1. HV AC and Pool Filtration Systems Update
Lambert stated this was included in the packet as an informational item and required no action
from the Commission.
IX. ADJOURNMENT
MOTION: Hilgeman moved, seconded by Comeille to adjourn the meeting. Motion carried 5-0. The
meeting was adjourned at 8:30 p m.
DATE: 05/05/98
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Public Hearing
ITEM NO: VB , ,
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Order Preparation of Plans and Specifications for I.C. 98-5458, Pioneer Trail
AlanD. Gray Sanitary Sewer and Water Improvements
Recommended Action:
Order preparation of plans and specifications for I.C. 98-5458, Pioneer Trail Sanitary Sewer and
Water Improvements.
Overview:
A feasibility study has been prepared for the above referenced project. The feasibility study
identified desirable watermain and sanitary sewer improvements along Pioneer Trail in Section
30. The proposed project would make sanitary sewer available to nine undeveloped parcels and
water service available to 12 undeveloped land parcels. Seven of the 12 land parcels are
proposed to be developed as Settler's Ridge.
The study concludes that the proposed improvements are feasible and cost effective.
Furthermore, the proposed improvements are necessary to provide sewer and water service to
the proposed Settler's Ridge residential development.
Financial Issues:
The total project costs are estimated as $1,170,900. It is proposed that the total project cost be
assessed to the 12 properties identified on the preliminary assessment roll included in the study.
Approximately 85 % of the project costs would be assessed to land parcels included within. the
Settler's Ridge subdivision. The remaining 15 % of project cost would be assessed to the five
other parcels receiving sanitary sewer and/or water service. Those parcels would receive
assessments estimated between $71,500 and $16,000 each. It is likely that some of these
property owners may request deferments.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ORDERING IMPROVEMENTS AND
PREPARATION OF PLANS AND SPECIFICATIONS
WHEREAS, a resolution of the City Council adopted the 7th day of April, 1998, fixed the 5th
day of May, 1998, as the date for a public hearing on the following proposed improvements:
I.C. 98-5458: Pioneer Trail Sanitary Sewer and Water Improvements
WHEREAS, ten days published notice of the Council Hearing through two weekly publications
of the required notice was given and the hearing was held on the 5th day of May, 1998, at
which all persons desiring to be heard were given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. Such improvement is hereby ordered.
2. The City Engineer is hereby designated as the Engineer for this project and is
hereby directed to prepare plans and specifications for the making of such
improvements, with the assistance of R.C.M., Inc., consulting engineers.
ADOPTED by the Eden Prairie City Council on May 5, 1998
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. Uram, Clerk
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-5-98
SECTION: PUBLIC HEARINGS
ITEM NO. V.C.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger FLYING CLOUD OFFICE BUILDING
Scott A. Kipp
Requested Council Action:
The Staff recommends that the Council take the following action:
1. Close the Public Hearing;
2. Approve 1st Reading of the Ordinance for Zoning District Change from C-Hwy to Office on 1.26 acres with
variances to be reviewed by the Board of Appeals;
3. Adopt the Resolution for Preliminary Plat of 1.26 acres into 1 lot; and
4. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and
Council conditions).
Background:
The proposal is for construction of a single-story, 11,000 square foot office building on 1.26 acres.
A variance for front yard setback of 25 feet for both building and parking along Flying Cloud Drive is required from the
Board of Adjustments and Appeals. City Code requires a 35 foot setback. The variances are reasonable for the following
reasons:
• The site is small and has multiple frontages requiring greater setbacks.
• The triangular shape of the property makes it difficult to meet setbacks.
• There is excess right of way which provides additional green space between the road and building and parking.
• The building coverage is less than City Code.
• The west half of the property contains a significant amount of poor soil.
Planning Commission Recommendation:
The Commission voted 6-0 for approval at its April 13, 1998 meeting.
Parks, Recreation, and Natural Resources Commission:
The Commission voted 5-0 for approval at its April 20, 1998 meeting.
Board of Adjustments and Appeals:
The Board will be reviewing the variance request at its May 14, 1998 meeting.
Supporting Reports:
1. Resolution for Preliminary Plat
2. Staff Report dated April 10, 1998
3. Planning Commission Minutes dated April 13, 1998
I
FLYING CLOUD OFFICE BUILDING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF FLYING CLOUD OFFICE BUILDING FOR MOUNT PROPERTIES
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Flying Cloud Office Building for Mount Properties dated Apri128, 1998,
consisting of 1.26 acres into 1 lot, a copy of which is on file at the City Hall, is found to be in
confonnance 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 May, 1998.
Jean L. Harris, Mayor
ATTEST:
Donald R. Uram, City Clerk
2.
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
OWNER:
LOCATION:
REQUEST:
Planning Commission
Scott A. Kipp, Senior Planner
Apri110, 1998
Flying Cloud Office Building
Mount Properties
John H. Wright
6680 Flying Cloud Drive
1. Zoning district change from Commercial Highway to Office on 1.26
acres.
2. Site Plan Review on 1.26 acres.
3. Preliminary Plat of 1.26 acres into one lot.
"" • .!2Ii
'C$.'/"J;'"!
2'1.4'
"-' •. :.-y ,
" I ~
I!')M ~~
~~ (H) \! nnzlao
I
( 52)
m ~
I
( ")
Staff Report
Flying Cloud Office Building
April 10, 1998
BACKGROUND
The Comprehensive Guide Plan shows the site as Office. The property is zoned Commercial
Highway, and was the site of the Wright Animal Clinic. Surrounding land is zoned industrial.
SITE PLAN/PRELIMINARY PLAT
The proposal is for construction of a single-story, 11,000 square foot office building and a preliminary
plat of 1.26 acres into one lot. The base area ratio and floor area ratio is .20. The City Code permits
up to a .30 base area ratio and a .50 floor area ratio in the Office district.
The amount of parking required is 55 spaces. The plan meets this requirement.
The setbacks for building and parking meet City Code except along Flying Cloud Drive. Variances
for front yard setback of 25 feet for both building and parking along this frontage will be required
from the Board of Adjustments and Appeals. City Code requires a 35 foot setback. The variances
are reasonable for the following reasons:
1. The site is small and has multiple frontages requiring greater setbacks.
2. The triangular shape of the property makes it difficult to meet setbacks.
3. There is excess right of way which provides additional green space between the road and
building and parking.
4. The building coverage is less than City Code.
5. The west half of the property contains a significant amount of poor soil.
GRADING AND DRAINAGE
There are 185 caliper inches of significant trees (9 trees) on the property. The majority of the trees
are cottonwood. Tree loss is calculated at 87% or 161 inches. This compares to the average tree loss
of 40% for commercial/office projects. Since the site is small and the trees are scattered, it is not
possible to reposition building and parking to save more trees. Since the site is being developed at
a .20 base area ratio, it would be unreasonable to make the building smaller.
Tree replacement required is 186 caliper inches. The landscaping plan includes the required tree
replacement.
2
Staff Report
Flying Cloud Office Building
April 10, 1998
A drainage pond is proposed on the south side of the property.
A retaining wall will be necessary along the west and north portions of the site. The walls will be
constructed of modular masonry material and will be a maximum of 13 feet in the northwest comer.
UTILITIES
Sewer and water is available in Flying Cloud Drive.
LANDSCAPING
The amount of landscaping required is based on caliper inches according to building size and
screening of parking. The amount of caliper inches required is 34 inches. Together with the tree
replacement of 186 caliper inches, a total of220 caliper inches is provided which screens the parking
and meets City Code.
ARCHITECTURE
The building meets the exterior material requirements of the Office district for 75% face brick and
glass. The rooftop mechanical equipment will be screened by prefinished metal enclosures.
An exterior trash enclosure will be constructed of face brick to match the building.
Site lighting will be 30 foot downcast shoe box fixtures.
TRAFFIC
This proposal will reduce the amount of traffic for the property than if developed according to the
existing Commercial Highway zoning. The existing zoning would pennit a restaurant use which
could generate up to 1,300 daily trips and 100 peak hour trips. The current proposal shows 234 daily
trips with 31 peak hour trips.
STAFF RECOMMENDATIONS
The staff would recommend approval ofthe Zoning District Change from Commercial Highway to
Office, Site Plan Review, and Preliminary Plat of 1.26 acres into one lot based on plans dated March
26, 1998, and subject to the recommendations of the Staff Report dated Apri1lO, 1998, and the
following:
1. Prior to 2nd Reading by the City Council, the proponent shall obtain variances from the
3
Staff Report
Flying Cloud Office Building
April 10, 1998
Board of Adjustments and Appeals for front yard setback of 25 feet for building and parking.
2. Prior to Final Plat approva~ the proponent shall submit detailed storm water runoff, utility and
erosion control plans for review by the City Engineer and Watershed District.
3. Prior to Building permit issuance, the proponent shall:
A. Pay the appropriate cash park fee.
B. Meet with the Fire Marshal to go over fire code requirements.
C. Submit samples of exterior building materials for review.
D. Submit a landscaping and tree replacement bond for review.
E. Submit detailed plans ofthe retaining walls for review.
4
1
PLANNING COMMISSION MINUTES
April 13, 1998
Page 10
C. FLYING CLOUD OFFICE BUILDING by Mount Properties. Request for Zoning
District change from C-Hwy to office on 1.26 acres with variances to be reviewed by
the Board of Appeals, Site Plan Review on 1.26 acres and Preliminary Plat of 1.26
acres into 1 lot. Location: 6608 Flying Cloud Drive.
Bob Soffeld and Steve Michaels representing Mount Properties were present. Bob
Soffeld reviewed the plans for the comer of Shady Oak Road and Flying Cloud Drive
with an office building. He showed renderings ofthe proposed building and discussed
the project. He stated they propose to build an office building for one or two tenants.
He described the materials which will be used on the exterior of the building. There
is a large quantity of landscaping material proposed for the site. He requested
approval of the project.
Sandstad asked if there was any large truck access and Soffeld responded there was
no truck dock with this building and deliveries would be made through the front door.
Clinton asked about the HV AC equipment and Soffeld responded it would be located
on the rooftop and screened from view.
Kipp gave the staff report and discussed the poor soils on the site which necessitate
variances for setbacks. There is an excessive right-of-way on this site and the building
will appear to be farther back than the ordinance requirements.
The Public Hearing was opened.
No one present wished to speak.
Foote commented he thought the developers had proposed an attractive building and
he supported the setback waiver. He felt the building would fit into the area very
well. Alexander asked what would be done with the existing building and Soffeld
responded it would be demolished. Lewis concurred with Foote. Dom commented
he thought it was a good project, well designed, which would be an asset to the
neighborhood. He commented this was a very complete submission and he wished
to commend the proponents. Clinton concurred with Dom.
MOTION: Foote moved, seconded by Lewis, to close the Public Hearing. Motion
carried 6-0.
MOTION: Foote moved, seconded by Lewis, to recommend to the City Council
approval of the request of Mount Properties for Zoning District change from C-Hwy
to Office on 1.26 acres with variances to be reviewed by the Board of Appeals, Site
Plan Review on 1.26 acres and Preliminary Plat of 1.26 acres into 1 lot based on plans
dated March 26, 1998 and subject to the recommendations of the Staff Report dated
AprillO, 1998. Motion carried 6-0.
To:
Through:
From:
Date:
Subject:
BACKGROUND:
Memorandum
Parks, Recreation and Natural Resources Commission
Bob Lambert, Director of Parks, Recreation and Natural Resources
Stuart A. Fm~tt;ager of Parks and Natural Resources
Apri115,1998
Supplemental Staff Report to the Community Development Staff Report Dated 10,
1998 for Flying Cloud Office Building
The proposed development is on 1.26 acres of property on the west side of Flying Cloud Drive, just north of the
intersection of Shady Oak Road The proponent is requesting a change in zoning from CommerciallHighway to
Office.
NATURAL RESOURCE ISSUES:
Tree Loss/Landscaping
The site contains a former animal hospital and has a landscaped yard area. There are a total of nine trees as
defined by City Ordinance as significant on the property. The majority of the trees are cottonwoods with a few
additional trees, including green ash, red pine, Colorado spruce, and sugar maple. With the proposed plan, seven
trees would be cut down for a loss of 161 inches or 87% tree loss.
The proposed landscaping for the site includes clusters of Colorado spruce to screen the parking lot area from
Flying Cloud Drive. In addition, they are proposing to use a wide variety of deciduous trees both as ornamental
and over story planting. The proposed landscape plan would replace the trees lost at a ratio of approximately six
trees replaced for each tree lost.
NURPPond
A ~ pond is proposed in the southwestern comer of the property adjacent to Flying Cloud Drive. This pond
wcrutd take the storm water runoff from the parking lot, as well as the building and pretreat the water prior to
discharge into the existing storm water swale along Flying Cloud Drive.
RECOMMENDATION:
This project was reviewed by the Planning Commission at its April 13, 1998 meeting and was approved 6-0.
Staff would recommend approval of the project based on the recommendation of the Planning Staff Report dated
April 1 0, 1998 and the supplemental information included in this staff report.
SAF:mdd
FlyOffice.memo/Stuart98
q
PARKS, RECREATION AND NATURAL
RESOURCES COMMISSION MINUTES
Apri120, 1998
Page 2
last year and about fifty this year. This was on the Windsong complex only and did not include the
hill to the west. If a pennit is issued, only the geese on the Windsong property can be rounded up.
Brown stated he had talked to a man whose daughter had been frightened by a goose flapping its
wings on the site, but other residents did not appear to be bothered by the geese. It disturbed him
because people want to have the wildlife and the wetlands but they complain about the geese, etc.
Koenig commented the City had been trying to clean up that wetland area and she was concerned that
perhaps having so many geese there would deter other types of water fowl from coming into that area
that they have been trying to attract. Fox commented it would cause ducks to go elsewhere because
the geese are very territorial when they are nesting. Comeille asked about the costs for the roundup
and Fox responded it would cost several thousand dollars. Koenig asked if they have made any
attempt to clean up the area as she had not seen any goose droppings. Fox responded he did not
know.
Hilgeman stated if the geese were interfering with the ability of Wind song to do business it would be
a different issue because they have granted this type of request before for another business.
Discussion ensued regarding the limited effectiveness of doing the roundup and efforts on the part
of the applicant to use other types of deterrents first. Stolar asked if the Commission would set a
precedent if they approved this request and Fox responded they have typically had only one or two
requests for a goose removal pennit per year, and most of these come from areas such as golf
courses. It was one thing to request the pennit and quite another to catch the geese when they are
molting and flightless.
Brown asked ifWindsong had substantiated the numbers of apartments they could not rent and Fox
responded that was not information required on the pennit. The problem is field verified to ensure
there is a problem before proceeding with the pennit process.
MOTION:Hilgemanmoved, seconded by Comeille, to recommend approval of the relocation ofthe
Geese from the Wind song Apartment complex site with the stipulation that the pennit is issued for
this year only. Motion carried 4-1. Brown voted "no".
v. DEVELOPMENT PROPOSALS
A. Flyin2 Cloud Office Buildin2
Bob Sofelt, 10508 Bluff Road, representing Mount Properties, reviewed the project. He requested
approval for the landscaping plan and noted they have proposed to replace the trees that will be lost
due to the construction at a ratio of 6 to 1.
Fox gave the staff report and stated staff recommended approval of the plan subject to the stipulations
in the Planning Commission staff report and the supplemental staff report. Koenig asked if they were
leaving any cottonwoods on the site and Fox responded it was dependent on the location of the
parking islands as to whether the tree could be saved. Hilgeman asked if they could put the
cottonwood trees back into the landscape plan and Fox responded that they were not in an area where
they would natively grow, but rather had sprouted because offill that was placed on the property.
10
PARKS, RECREATION AND NATURAL
RESOURCES COMMISSION MINUTES
April 20, 1998
Page 3
MOTION: Koenig moved, seconded by Hilgeman, to recommend approval of the Flying Cloud
Office building subject to the stipulations listed in the Planning Staff Report dated April 10, 1998 and
the supplemental Staff Report dated Apri115, 1998 Motion carried 5-0.
B. Settler's Rid&e
Dan Herbst, Pemtom Development Co. gave a brief overview of the project which he noted has been
expanded to 112 acres in size. He described the landscape plan and the types of plantings that will
be used in the various areas on the site. He discussed the plantings that will be used on the berms
around the townhouse area to give it as much buffering from Pioneer Trail as possible. He discussed
the various types of housing throughout the development and their locations throughout the site. He
descnbed the location of the few trees which had been designated as "significant". He reviewed the
trail system within the development and how it will connect to other trails in the vicinity of this
development. They are proposing a 6.6 acre parcel be dedicated to the City which will be part ofthe
park dedication requirement.
Fox gave the staff report and noted the tree loss was greater than what was in the staff report and the
221 caliper inches in mitigation listed in the staff report was exceeded. The tree mix will be multi-
story to provide good screening. The NURP pond is so large that it is actually a series of inter-
connecting ponds which discharge eventually into Riley Creek. This must be approved by the
Watershed District and the City Engineer. He discussed the park dedication required by staff from
approximately below the 840 contour in lieu of cash park fees. The cash park fees will be collected
on the entire site and the developer will be reimbursed for the 6.6 acres ofland to be acquired by the
City. Staff recommended approval based on the Planning staff report and the supplemental staff
reports included in the packets.
Lambert discussed the land that the City owns adjacent to this site, and the 6.6 acre parcel the City
hopes to acquire which is part of the project, and will fit so well into the Richard T. Anderson
Conservation Area. The City has been negotiating with the developer to obtain this parcel as it is
believed it is an integral part of this public park area. Access to the Conservation area needs to be
available to the public and staff is recommending that access be provided from the north. This would
consist of a 22' wide roadway which would come from the southern portion ofthe plat and proceed
south to the top ofa small knoll where a small parking lot could be constructed. The developer has
proposed some alternatives for the public parking lot within the development but staff felt that the
parking lot should be within the park itself and not within the development. This access may have
to be limited by placing hours on its availability because of its proximity to people's homes; possibly
sunrise to sunset.
Stolar asked about the property to the east and Lambert responded that when it was developed they
hoped to make a connection from this development to Dell Road but it may not be feasible to build
because of the large amount offill which would be needed. However, the bike trail will be connected
to provide public access to Dell Road and the neighborhood park. Koenig asked if the trail within
the conservation area would be built before houses are constructed and Lambert responded that staff
would recommend grading the access road in and have it ready to be paved so there will be no
question on the part of future homeowners that a parking lot and trail will be located in that particular
1/
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar 05/05/98
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance Payment of Claims VI.
Checks 62354 to 62766
Action/Direction:
Approve Payment of Claims
I
COUNCIL CHECK SUMMARY
DIVISION
N/A
LEGISLATIVE
LEGAL COUNSEL
GENERAL SERVICES
EMPLOYEE BENEFITS
DATA PROCESSING
FINANCE
HUMAN RESOURCES
INFORMATION
HUMAN SERV
ENGINEERING
INSPECTIONS
FACILITIES
ASSESSING
CIVIL DEFENSE
POLICE
FIRE
ANIMAL CONTROL
PARK ADMIN
STREETS/TRAFFIC
PARK MAINTENANCE
STREET LIGHTING
FLEET SERVICES
ORGANIZED ATHLETICS
COMMUNITY DEV
COMMUNITY CENTER
YOUTH RECREATION
SPECIAL EVENTS
ADULT RECREATION
RECREATION ADMIN
ADAPTIVE REC
OAK POINT POOL
ARTS
PARK FACILITIES
PUBLIC IMPROV PROJ
EMPLOYEE PAYROLL DEDUCTIONS
CITY CENTER
SW METRO TRANSIT
SPECIAL REVENUE FUNDS
PRAIRIE VILLAGE
PRAIRIEVIEW
CUB FOODS
WATER DEPT
SEWER DEPT
STORM DRAINAGE
AGENCY FUNDS
EQUIPMENT
28-APR-1998 (08:05)
TOTAL
$7.40
$11,079.27
$825.00
$2,047.91
$10,053.57
$l3, 296.08
$14,331.07
$2,030.48
$5,190.00
$l3, 674.50
$5,576.62
$2,651.12
$2,938.59
$707.94
$878.91
$19,922.02
$16,423.95
$600.00
$273.17
$16,736.09
$8,137.74
$47,514.54
$28,819.84
$12,710.20
$3,054.10
$l3, 591. 86
$3,318.08
$393.21
$9,111.58
$182.01
$35.19
$415.02
$1,160.00
$690.00
$81,806.21
$8,416.84
$1,800.18
$50.74
$639.75
$813.39
$9,672.71
$8,394.54
$10,040.05
$201,882.67
$329.74
$1,525.00
$22,370.90
$616,119.78*
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT VENDOR
62354
62355
62356
62357
62358
62359
62360
62361
62362
62363
62364
62365
62366
62367
62368
62369
62370
62371
62372
62373
62374
62375
62376
62377
62378
62379
62380
62381
62382
62383
62384
62385
62386
62387
62388
62389
62391
62392
62393
62394
62395
62396
62397
62398
62399
62400
62402
62403
62404
62405
62406
62407
62408
62409
62410
$819.23
$36.19
$394.37
$49.00
$19.00
$11,000.00
$154.43
$4,569.07
$128.25
$163.48
$279.88
$219.91
$117.00
$117.33
$4,160.10
$90.67
$100.00
$90.00
$100.00
$214.12
$562.89
$100.00
$70.00
$90.00
$100.00
$100.00
$100.00
$100.00
$90.00
$100.00
$1,196.70
$300.00
$100.00
$100.00
$100.00
$1,147.31
$100.00
$80.00
$90.00
$48.50
$100.00
$90.00
$100.00
$50.00
$100.00
$53,616.69
$100.00
$80.00
$90.00
$100.00
$90.00
$100.00
CARLSON TRACTOR AND EQUIPMENT
CUSHMAN MOTOR COMPANY INC
UNITED LABORATORIES
UNITED LABS INC
JOHNSON, BRUCE
MUNICIPAL LEGISLATIVE COMMISSI
TAYLER, BJ
CONCEPT MICRO IMAGING
COTY CONSTRUCTION
CRACAUER, CLIFF
GREEN EAGLE
MERLINS ACE HARDWARE
SCHEPERS, JACK
SCHMITZ, TOM
US WEST COMMUNICATIONS
AT&T
BENDER, SCOTT
BERG, JEREMY
BRAY, EDDIE
CARLTON CO HUMAN SERVICES CTR
CARVER COUNTY COURTHOUSE
CASEY, PHIL
CO 2 SERVICES
CURTI, AARON
DASCALOS, ALEX
EDMONDSON, BLAKE
GULLICKSON, DAVID
HALLONQUIST, KEN
HANSON, TONY
HASELHORST, JON
HENNEPIN COUNTY SUPPORT AND
HENNEPIN COUNTY
HOFFER, PAUL
JOHNSON, CRAIG
KOMULA, JOHN
KRAEMERS HARDWARE INC
LAKE, TOM
LAMERS, PHIL
LARSON, RANDY
LEBLANC, LEANN
LYONS, DAVE
ME I EROTTO, RAY
MELZ, BRANDON
MILLARD, CHRIS
MOLENAAR, JEFF
NORTHERN STATES POWER CO
POLSON, RICH
PROPS ON , BRIAN
PUNG, JASON
RODENWALD, TODD
SASSE, MIKE
TERRES, CHRIS
$100.00 THELLIN, TIM
$100.00 TIBBETTS, TIM
$100.00 TORGERSON, ERIC
28-APR-1998 (08:05)
DESCRIPTION
EQUIPMENT PARTS
EQUIPMENT PARTS
CLEANING SUPPLIES
PROFESSIONAL SERVICES
LICENSES & TAXES
DUES & SUBSCRIPTIONS
OFFICE SUPPLIES
MICROFILMING SERVICE
BLDG SURCHARGES
MILEAGE AND PARKING
REC EQUIP & SUPPLIES
OPERATING SUPPLIES-GENERAL
MILEAGE AND PARKING
TRAVEL
TELEPHONE
TELEPHONE
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
GARNISHMENT WITHHELD
GARNISHMENT WITHHELD
VIOLATION FEES
CHEMICALS
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
GARNISHMENT WITHHELD
DEPOSITS
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
REPAIR & MAINT SUPPLIES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
CLOTHING & UNIFORMS
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
TRAVEL
VIOLATION FEES
ELECTRIC
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
PROGRAM
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
WATER TREATMENT PLANT
HUMAN RESOURCES
EQUIPMENT MAINTENANCE
COUNCIL
POLICE
ENGINEERING DEPT
BUILDING SURCHARGE
EQUIPMENT MAINTENANCE
SUMMER SKILL DEVELOP
PARK MAINTENANCE
LIQUOR STORE CUB FOODS
FIRE
SEWER LIFTSTATION
GENERAL
BASKETBALL
BASKETBALL
BASKETBALL
FD 10 ORG
FD 10 ORG
BASKETBALL
POOL MAINTENANCE
BASKETBALL
BASKETBALL
BASKETBALL
BASKETBALL
SOFTBALL
BASKETBALL
BASKETBALL
FD 10 ORG
ESCROW
BASKETBALL
BASKETBALL
BASKETBALL
SEWER SYSTEM MAINTENANCE
BASKETBALL
BASKETBALL
BASKETBALL
POLICE
BASKETBALL
BASKETBALL
BASKETBALL
POLICE
BASKETBALL
STORMWATER LIFTSTATION
BASKETBALL
BASKETBALL
BASKETBALL
BASKETBALL
BASKETBALL
BASKETBALL
BASKETBALL
BASKETBALL
SOFTBALL
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
62411
62412
62413
62414
62416
62417
62419
62421
62422
62424
62425
62426
62427
62428
62429
62430
62431
62432
62433
62434
62435
62436
62437
62438
62439
62440
62441
62442
62443
62444
62445
62446
62447
62448
62449
62450
62451
62452
62453
62454
62455
62456
62457
62458
62459
62460
62461
62462
62463
62464
62465
62466
62467
62468
62469
$100.00
$100.00
$3,786.00
$1,587.55
$34.27
$428.24
$296.20
$825.00
$678.51
$421. 69
$100.00
$255.34
$13.50
$63.98
$97.50
$30.00
$163.00
$30.00
$99.00
$57.02
$134.84
$130.00
$23.73
$4,148.00
$98.37
$600.00
$14.00
$225.00
$136.00
$2,514.03
$18.25
$7.75
$14.00
$10.00
$28.00
$29.00
$18.49
$14.00
$37.50
$28.00
$29.00
$10.00
$231. 08
$195.00
$21. 00
$29.00
$44.74
$58.00
$1,047.00
$47.89
$150.00
$29.42
$14.00
$36.00
$4,193.35
VENDOR
YLINEN, MIKE
ZILLMER, ERIC
NSP
AIRTOUCH CELLULAR
CARD SERVICES-BUSINESS CARD
CHANHASSEN BUMPER TO BUMPER
DRISKILLS NEW MARKET
LANG PAULY GREGERSON AND ROSOW
MENARDS
MIDWEST ASPHALT CORPORATION
PARSINEN, MIKE
PELTIER, JAMES
SAMS, JOHN
SCHEDIN, JAMES
SCHMITZ, TOM
STUDY CIRCLE RESOURCE CENTER
FINE WINES FROM EUROPE
AVCAM
CAREERTRACK SEMINAR
DIETZ, EUGENE
DONNA, PAULA
EINSTEIN BROTHERS BAGELS
MEINZER, JULIE
NILSSON, BETH
RICHARDSON, JIM
TRANSPORTATION, COMMISSIONER 0
ANDERSON, CINDY
ARENA OPERATORS ASSOCIATION
BCA CJIS ID UNIT
CANADA LIFE ASSURANCE COMPANY
CORNISH, SUE
DEBUQUE, RAUL
ELLSON, ANNETTE
EVANS, BETSY
FREY, SANDRA
GAVIN, LISA
GRAY, ALAN
GREENING, MARY
HANSEN, KAREN
HARRIS, ROBERT
HELLER, CARRIE
HOVEY, NANCY
HUTCHINS, BRUCE
ICBO
JERICH, BRENDA
JOHNSON, CHERYL
KLEMAN, JULIE
LEENERMAN, SUSAN
LEWELLYN TECHNOLOGY INC
MILLER, ROD
MINNESOTA RURAL WATER ASSN
MURRAY, REBECCA
OLSON, JAN
PEKARNA, RACHEL
PRUDENTIAL HEALTHCARE GROUP
28-APR-1998 (08:05)
DESCRIPTION
VIOLATION FEES
VIOLATION FEES
ELECTRIC
TELEPHONE
DUES & SUBSCRIPTIONS
EQUIPMENT PARTS
OPERATING SUPPLIES-GENERAL
LEGAL SERVICE
REPAIR & MAINT SUPPLIES
GRAVEL
VIOLATION FEES
MISC FIRE EQUIPMENT
TRAVEL
CLOTHING & UNIFORMS
TRAVEL
TRAVEL
TRANSPORTATION
SCHOOLS
SCHOOLS
TRAVEL
OPERATING SUPPLIES-GENERAL
EMPLOYEE AWARD
INVESTIGATION TRAVEL
OTHER CONTRACTED SERVICES
PROFESSIONAL SERVICES
OTHER CONTRACTED SERVICES
LESSONS/CLASSES
DUES & SUBSCRIPTIONS
PHYSICAL & PSYCO EXAM
DISABILITY IN EMPLOYERS
LESSONS/CLASSES
LESSONS/CLASSES
LESSONS/CLASSES
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
LESSONS/CLASSES
EMPLOYEE AWARD
LESSONS/CLASSES
LESSONS/CLASSES
ADULT/YOUTH/OUTDOOR CTR PROG
LESSONS/CLASSES
ADULT/YOUTH/OUTDOOR CTR PROG
SCHOOLS
DUES & SUBSCRIPTIONS
ADULT/YOUTH/OUTDOOR CTR PROG
LESSONS/CLASSES
LESSONS/CLASSES
LESSONS/CLASSES
CONFERENCE
OPERATING SUPPLIES-GENERAL
CONFERENCE
LESSONS/CLASSES
LESSONS/CLASSES
LESSONS/CLASSES
LIFE INSURANCE EMPLOYERS
PROGRAM
BASKETBALL
BASKETBALL
WATER WELL #1
SEWER UTILITY-GENERAL
COUNCIL
EQUIPMENT MAINTENANCE
ENGINEERING DEPT
LEGAL COUSEL
EPCC MAINTENANCE
STREET MAINTENANCE
BASKETBALL
FIRE
IN SERVICE TRAINING
POLICE
FIRE
COUNCIL
PRAIRE VIEW LIQUOR #3
POLICE
POLICE
IN SERVICE TRAINING
ICE SHOW
HUMAN RESOURCES
POLICE
ICE SHOW
POLICE
WATER WELL #1
POOL LESSONS
IN SERVICE TRAINING
HUMAN RESOURCES
FD 10 ORG
OAK POINT LESSONS
OAK POINT LESSONS
POOL LESSONS
SPRING SKILL DEVELOP
SPRING SKILL DEVELOP
OAK POINT LESSONS
HUMAN RESOURCES
POOL LESSONS
OAK POINT LESSONS
SPRING SKILL DEVELOP
OAK POINT LESSONS
SUMMER SKILL DEVELOP
IN SERVICE TRAINING
IN SERVICE TRAINING
SPRING SKILL DEVELOP
POOL LESSONS
OAK POINT LESSONS
POOL LESSONS
WATER UTILITY-GENERAL
RECYCLE REBATE
WATER UTILITY-GENERAL
OAK POINT LESSONS
POOL LESSONS
OAK POINT LESSONS
FD 10 ORG
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
62470
62471
62472
62473
62474
62475
62476
62477
62478
62479
62480
62481
62482
62483
62484
62485
62486
62487
62488
62489
62490
62491
62492
62493
62494
62495
62496
62497
62498
62499
62500
62501
62502
62503
62504
62505
62506
62507
62508
62509
62510
62561
62562
62563
62564
62565
62566
62567
62568
62569
62570
62571
62573
62574
62575
$14.00
$29.00
$72.24
$10.00
$42.50
$14.00
$63.00
$14.00
$28.00
$10.00
$34.00
$48.00
$40.00
$25.00
$90.00
$10.00
$14.00
$58.00
$25.56
$50.00
$10.00
$3,731.00
$133.90
$50.00
$133.90
$10.00
$5.00
$200.00
$10.00
$50.00
$5.00
$40.00
$5,000.00
$10.00
$1,173.62
$100.00
$15.00
$8.00
$441. 00
$2,902.41
$648.00
$56.00
$9.00
$57.66
$106.49
$56.00
$55.00
$59.00
$8.00
$149.10
$8.00
$207.19
$40.95
$8.00
$8.00
VENDOR
RONGLIEN, DEBORAH
SAMMONS, MICHELLE
SCHMITZ, WENDY
SCHNEIDER, JAN
SCHNEIDER, KIM
SCHNEIDER, SHARON
SIXEL, DOUG
SMITH, BETH ANN
SOKOUNOVA, IRINA
STADEM, TERESA
STIEBNER, SUSAN
STOVRING, LESLIE
TOUMEY, JANE
US TENNIS ASSOCIATION
VANCLAY, GAYLE
VECKER, KATHLEEN
WHEELER, TERRY
WOLFE, JENNIFER
ROYS BAIT SHOP
BURD, JAESON
COUGHLIN, CISSY
FRANE, JOHN
FREDRICKSON HEATING & AIR COND
HANSON, CHRISTIAN
HELLING, LAURIE
HOEFT, JULIE
JOHNSON, TERESA
KASHMIER, CASEY
NELSON, KATHY
RYAN, KELLY
SHROER, TOM
STARK, EMMETT
TRANSPORTATION, COMMISSIONER 0
UNDESSER, JEFFREY
US POSTMASTER -HOPKINS
WESTACOTT, JOEL
WHITE, MIKE
WHITE, SUSAN
GRAPE BEGINNINGS
MARK VII
WORLD CLASS WINES INC
BOGDANSKI, REE
CHAFFEE, JEAN
FERRELLGAS
GOLF AMERICA
HANSEN, LAURA
JOHNSON, STEVE
KENNEDY, RICHARD
KRATZ, GREGORY
LIONS TAP
LUSKIN, BARBARA
MCGLYNN BAKERIES
MEYER, NICOLE
MILLER, CAROL
NELSON, DOUG
28-APR-1998 (08:05)
DESCRIPTION
LESSONS/CLASSES
LESSONS/CLASSES
OFFICE SUPPLIES
ADULT/YOUTH/OUTDOOR CTR PROG
LESSONS/CLASSES
LESSONS/CLASSES
ADULT/YOUTH/OUTDOOR CTR PROG
LESSONS/CLASSES
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
SCHOOLS
ADULT/YOUTH/OUTDOOR CTR PROG
DUES & SUBSCRIPTIONS
LESSONS/CLASSES
ADULT/YOUTH/OUTDOOR CTR PROG
LESSONS/CLASSES
LESSONS/CLASSES
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
ADULT/YOUTH/OUTDOOR CTR PROG
OTHER CONTRACTED SERVICES
BLDG SURCHARGES
OTHER CONTRACTED SERVICES
MILEAGE AND PARKING
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
OTHER CONTRACTED SERVICES
ADULT/YOUTH/OUTDOOR CTR PROG
OTHER CONTRACTED SERVICES
ADULT/YOUTH/OUTDOOR CTR PROG
OTHER CONTRACTED SERVICES
BLDG RENTAL
ADULT/YOUTH/OUTDOOR CTR PROG
POSTAGE
OTHER CONTRACTED SERVICES
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
TRANSPORTATION
BEER 6/12
DISCOUNTS
ADULT/YOUTH/OUTDOOR CTR PROG
SR CITIZENS/ADULT PROG FEES
MOTOR FUELS
REC EQUIP & SUPPLIES
INSTRUCTOR SERVICE
SPECIAL EVENTS FEES
ADULT/YOUTH/OUTDOOR CTR PROG
SPECIAL COMMUNITY EVENTS
OPERATING SUPPLIES-GENERAL
SPECIAL COMMUNITY EVENTS
OPERATING SUPPLIES-GENERAL
MILEAGE AND PARKING
SPECIAL COMMUNITY EVENTS
SPECIAL COMMUNITY EVENTS
PROGRAM
POOL LESSONS
OAK POINT LESSONS
GENERAL
SPRING SKILL DEVELOP
OAK POINT LESSONS
OAK POINT LESSONS
SPRING SKILL DEVELOP
POOL LESSONS
SPRING SKILL DEVELOP
SPRING SKILL DEVELOP
SPRING SKILL DEVELOP
IN SERVICE TRAINING
SPRING SKILL DEVELOP
IN SERVICE TRAINING
ICE ARENA
SPRING SKILL DEVELOP
POOL LESSONS
OAK POINT LESSONS
WATER UTILITY-GENERAL
ARTS
OUTDOOR CTR PROGRAM
FINANCE DEPT
MECH SURCHARGE
ARTS
RECREATION ADMIN
OUTDOOR CTR PROGRAM
OUTDOOR CTR PROGRAM
ARTS
OUTDOOR CTR PROGRAM
ARTS
OUTDOOR CTR PROGRAM
ARTS
FIRE STATION
OUTDOOR CTR PROGRAM
WATER ACCOUNTING
ARTS
OUTDOOR CTR PROGRAM
OUTDOOR CTR PROGRAM
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
SPRING SKILL DEVELOP
SENIOR CENTER PROGRAM
ICE ARENA
SPRING SKILL DEVELOP
SENIOR CENTER PROGRAM
VOLLEYBALL
SPRING SKILL DEVELOP
ADAPTIVE RECREATION
FIRE
ADAPTIVE RECREATION
OAK POINT LESSONS
PROGRAM SUPERVISOR
ADAPTIVE RECREATION
ADAPTIVE RECREATION
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
62576
62577
62578
62579
62580
62581
62582
62583
62584
62585
62586
62587
62588
62589
62590
62591
62592
62593
62594
62595
62596
62597
62598
62599
62600
62601
62602
62603
62604
62605
62606
62607
62608
62609
62610
62611
62612
62613
62614
62615
62616
62617
62618
62619
62620
62621
62622
62623
62624
62625
62626
62627
62628
62629
62630
$2,268.98
$45.50
$58.92
$50.00
$6.50
$75.00
$29.50
$620.00
$22.00
$20,596.00
$34.95
$383.86
$473.84
$96.00
$35.00
$2.00
$2.36
$419.48
$6,208.54
$8.50
$112.53
$115.03
$66.85
$68.16
$318.04
$7,345.36
$1,494.00
$805.34
$80.00
$59.91
$406.95
$33,723.09
$1,594.00
$115.00
$600.00
$273.17
$319.60
$3,741. 00
$151.15
$1,053.00
$5,112.74
$6.71
$135.97
$130.00
$1,286.00
$57.12
$18.20
$144.80
$15.00
$777.62
$602.56
$4,500.00
$1,774.90
$386.34
$533.35
VENDOR
OPTIMIST CLUB OF EDEN PRAIRIE
PETTY CASH-POLICE DEPT
PLATH, LEAH
RATEIKE, MARILYN JANE
SCHUMACHER, SUSAN
SENSIBLE LAND USE COALITION
SIMENSON, GLADYS
STARK, EMMETT
SUDBECK, MACRINA
SUPERIOR FORD
TWIN CITY TIRE
UNDERCAR SERVICES
URAM, DONALD
VALLEY PLUMBING
VERDON, CHRISTINE
WALDBURGER, RENEE
AIM ELECTRONICS
AIRLIFT DOORS INC.
ALTERNATIVE BUSINESS FURNITURE
AMELIRYPKEMA, GOMEZ
AMERIPRIDE LINEN & APPAREL SER
ANCHOR PAPER COMPANY
AQUA ENGINEERING INC
ARMOR SECURITY INC
AVR INC
B & F DISTRIBUTING
BARTZ, GERALD
BAUER BUILT TIRE AND BATTERY
BCA/TRAINING & DEVELOPMENT
BECKER ARENA PRODUCTS INC
BIFFS INC
BLACK & VEATCH
BLAYLOCK PLUMBING CO
BLOOMINGTON LOCK AND SAFE*
BLOOMINGTON, CITY OF
BORDNER AERIALS
BOYER TRUCK PARTS
BRAUN INTERTEC CORPORATION
BRO-TEX INC
BROWN, PAUL
CAPITOL COMMUNICATIONS
CARLSON TRACTOR AND EQUIPMENT
CARPENTER, WALTER S
CASH REGISTER SERVICE & SALES
CENTRAIRE INC
CMI REFRIGERATION-PARTS
CO 2 SERVICES
COMMERCIAL SAW COMPANY
COMPUTER CHEQUE OF MINNESOTA I
CONCEPT MICRO IMAGING
COOPERATIVE POWER ASSOC
CORNERSTONE
CRYSTEEL TRUCK EQUIPMENT INC
OJ'S MUNICIPAL SUPPLY INC
DANKO EMERGENCY EQUIPMENT CO
28-APR-1998 (08:05)
DESCRIPTION
OTHER CONTRACTED SERVICES
POSTAGE
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
SR CITIZENS/ADULT PROG FEES
TRAVEL
SR CITIZENS/ADULT PROG FEES
OTHER CONTRACTED SERVICES
SR CITIZENS/ADULT PROG FEES
AUTOS
CONTRACTED REPAIR & MAINT
HOPE LOAN RECEIVABLE
TRAVEL
MECHANICAL PERMIT
LESSONS/CLASSES
SR CITIZENS/ADULT PROG FEES
REPAIR & MAINT SUPPLIES
REPAIR & MAINT SUPPLIES
EMPLOYEE AWARD
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
OPERATING SUPPLIES-GENERAL
LANDSCAPE MTLS & AG SUPPL
REPAIR & MAINT SUPPLIES
IMPROVEMENT CONTRACTS
MOTOR FUELS
OTHER CONTRACTED SERVICES
CONTRACTED REPAIR & MAINT
SCHOOLS
REPAIR & MAINT SUPPLIES
WASTE DISPOSAL
IMPROVEMENT CONTRACTS
CONTRACTED EQUIP REPAIR
CONTRACTED BLDG REPAIRS
KENNEL SERVICE
OTHER CONTRACTED SERVICES
EQUIPMENT PARTS
PROFESSIONAL SERVICES
EQUIPMENT PARTS
OTHER CONTRACTED SERVICES
NEW CAR EQUIPMENT
EQUIPMENT PARTS
POSTAGE
REPAIR & MAINT SUPPLIES
BUILDING
EQUIPMENT PARTS
CHEMICALS
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
MICROFILMING SERVICE
PRINTING
PROFESSIONAL SERVICES
MACHINERY EQUIPMENT
OPERATING SUPPLIES-GENERAL
PROTECTIVE CLOTHING
PROGRAM
SPECIAL EVENTS/TRIPS
GENERAL
AFTER SCHOOL PROGRAM
ART & MUSIC
SENIOR CENTER PROGRAM
IN SERVICE TRAINING
ADULT PROGRAM
ART & MUSIC
SENIOR CENTER PROGRAM
P/R REVOLVING FD
EQUIPMENT MAINTENANCE
hope auto repair
IN SERVICE TRAINING
FD 10 ORG
OAK POINT LESSONS
SENIOR CENTER PROGRAM
ICE ARENA
ICE ARENA
HUMAN RESOURCES
BASKETBALL
PRAIRE VIEW LIQUOR #3
WATER ACCOUNTING
STREET MAINTENANCE
ICE ARENA
TRAILS
EQUIPMENT MAINTENANCE
VOLLEYBALL
EQUIPMENT MAINTENANCE
POLICE
ICE ARENA
PARK MAINTENANCE
10 MGD WATER PLANT EXPANSION
PARK MAINTENANCE
EP CITY CTR OPERATING COSTS
ANIMAL WARDEN PROJECT
PARKS-PLANNING & DEVELOPMENT
EQUIPMENT MAINTENANCE
PAVEMENT MGMT PROGRAM
EQUIPMENT MAINTENANCE
VOLLEYBALL
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
GENERAL
CONCESSIONS
CUB FOOD STORE CONSTRUCTION
EQUIPMENT MAINTENANCE
POOL MAINTENANCE
PARK MAINTENANCE
LIQUOR STORE CUB FOODS
ENGINEERING DEPT
FINANCE DEPT
COMMUNITY SERVICES
GENERAL GOVT
PARK MAINTENANCE
FIRE
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
62631
62632
62633
62634
62635
62636
62637
62638
62639
62640
62641
62642
62643
62644
62645
62646
62647
62648
62649
62650
62651
62652
62653
62654
62655
62656
62657
62658
62659
62660
62661
62662
62663
62664
62665
62666
62667
62668
62669
62670
62671
62672
62673
62674
62675
62676
62677
62678
62679
62680
62681
62682
62683
62684
62685
$425.73
$200.00
$2,188.47
$90.53
$595.00
$5,941.00
$1,200.00
$27.25
$10,000.00
$389.50
$76.88
$6,750.00
$3,719.00
$57.12
$2,349.50
$125.65
$398.99
$123.00
$54.00
$25.00
$645.00
$136.01
$25.51
$45.00
$74.54
$457.65
$36.53
$136.65
$783.17
$86.47
$281. 00
$188.50
$1,195.00
$1,275.00
$984.94
$306.00
$8.50
$946.00
$666.00
$67.38
$55.76
$2,263.20
$46.89
$2,531.43
$508.75
$45.22
$864.00
$122.00
$10.00
$1,270.10
$612.79
$79.50
$793.09
$515.00
$19,823.88
VENDOR
DECORATIVE DESIGNS INC
DIETHELM, GARY
EARL F ANDERSEN INC
ECOLAB INC
EDEN PRAIRIE CHAMBER OF COMMER
EDEN PRAIRIE SCHOOL DISTRICT N
EDINA S W PLUMBING
EDINA SENIOR CENTER
EIDE HELMEKE PLLP
EMERGENCY APPARATUS MAINTENANC
EPA
EPISCOPAL COMMUNITY SERVICES
ERICKSEN ELLISON AND ASSOCIATE
ESPRESSO MIDWEST INC
FAMILY & CHILDRENS SERVICE
FERRELLGAS
FIBRCOM
FINLEY BROS INC
FIRE CHIEF
FIRE PROTECTION PUBLICATIONS
FLEX COMPENSATION INC
G & K SERVICES DIRECT PURCHASE
G & K SERVICES-MPLS INDUSTRIAL
GALAXY COMPUTER SERVICES
GENERAL OFFICE PRODUCTS COMPAN
GETTMAN COMPANY
GINA MARIAS INC
GTE DIRECTORIES
GUNNAR ELECTRIC CO INC
HAYDEN-MURPHY EQUIPMENT COMPAN
HENDERSON, JOSH
HENNEPIN COUNTY PUBLIC RECORDS
HENNEPIN COUNTY TREASURER
HENNEPIN TECHNICAL COLLEGE
HERC U LIFT
HIGLEY, STEVE
HOLMES, DAVID
HOLMES, JOHN CARTER
HOLMES, TOM
IKON OFFICE SOLUTIONS*
INLAND TRUCK PARTS COMPANY
INTERNATIONAL SUNPRINTS INC
ITS A KEEPER
JANEX INC
JESSEN, CHRIS
KNOX BUILDING MATERIALS
KOTTKE, MARY
LAKE COUNTRY DOOR
28-APR-1998 (08:05)
DESCRIPTION
RENTALS
OTHER CONTRACTED SERVICES
REPAIR & MAINT SUPPLIES
CONTRACTED REPAIR & MAINT
TRAVEL
CONFERENCE
CONTRACTED BLDG REPAIRS
TRAVEL
AUDIT & FINANCIAL
CONTRACTED REPAIR & MAINT
OPERATING SUPPLIES-GENERAL
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
OPERATING SUPPLIES-GENERAL
PROFESSIONAL SERVICES
MOTOR FUELS
COMMUNICATIONS
REPAIR & MAINT SUPPLIES
DUES & SUBSCRIPTIONS
DUES & SUBSCRIPTIONS
PROFESSIONAL SERVICES
CLOTHING & UNIFORMS
CLOTHING & UNIFORMS
CONTRACTED REPAIR & MAINT
OFFICE SUPPLIES
MISC TAXABLE
OPERATING SUPPLIES-GENERAL
ADVERTISING
CONTRACTED REPAIR & MAINT
EQUIPMENT PARTS
OTHER CONTRACTED SERVICES
RECORDING DOCUMENT FEE
OPERATING SUPPLIES-GENERAL
SCHOOLS
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
RENTALS
EQUIPMENT PARTS
AWARDS
EMPLOYEE AWARD
CLEANING SUPPLIES
OTHER CONTRACTED SERVICES
BUILDING MATERIALS
OTHER CONTRACTED SERVICES
CONTRACTED BLDG REPAIRS
LAKE REGION MUTUAL AID ASSOCIA DUES & SUBSCRIPTIONS
LAKE REGION VENDING
LAKELAND FORD TRUCK SALES
LAND'S END CORPORATE SALES
LANG PAULY GREGERSON AND ROSOW
LEAGUE OF MINNESOTA CITIES
LOGIS
TOBACCO PRODUCTS
EQUIPMENT PARTS
CLOTHING & UNIFORMS
LEGAL SERVICE
CONFERENCE
LOGIS SERVICE
1
PROGRAM
EP CITY CTR OPERATING COSTS
CEMETERY OPERATION
PARK MAINTENANCE
EPCC MAINTENANCE
IN SERVICE TRAINING
IN SERVICE TRAINING
SENIOR CENTER
SENIOR CENTER PROGRAM
FINANCE DEPT
FIRE
EP CITY CTR OPERATING COSTS
HOUSING, TRANS, & SOC SVC
COMMUNITY CENTER HVAC
POLICE
HOUSING, TRANS, & SOC SVC
ICE ARENA
POLICE
PARK MAINTENANCE
FIRE
FIRE
IN SERVICE TRAINING
STREET MAINTENANCE
STREET MAINTENANCE
ASSESSING-ADMIN
FIRE
LIQUOR STORE CUB FOODS
FIRE
PRAIRIE VILLAGE LIQUOR #1
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
ADULT OPEN GYM
ENGINEERING DEPT
COMMUNITY DEVELOPMENT
FIRE
PARK MAINTENANCE
VOLLEYBALL
BASKETBALL
VOLLEYBALL
VOLLEYBALL
FIRE
EQUIPMENT MAINTENANCE
VOLLEYBALL
HUMAN RESOURCES
EP CITY CTR OPERATING COSTS
ICE ARENA
STREET MAINTENANCE
BASKETBALL
FIRE STATION #1
FIRE
LIQUOR STORE CUB FOODS
EQUIPMENT MAINTENANCE
POLICE
TEMAN PROPERTY
COUNCIL
SEWER ACCOUNT
COUNCIL CHECK REGISTER 28-APR-1998 (08:05)
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
------------------------------------------------------------------------------------------------------------------------
62686
62687
62688
62689
62690
62691
62692
62693
62694
62695
62696
62697
62698
62699
62700
62701
62702
62703
62704
62705
62706
62707
62708
62709
62710
62711
62712
62713
62714
62715
62716
62717
62718
62719
62720
62721
62722
62723
62724
62725
62726
62727
62728
62729
62730
62731
62732
62733
62734
62735
62736
62737
62738
62739
62740
$6,395.71
$330.00
$1,467.21
$98.41
$10,854.40
$1,807.73
$268.91
$198,894.91
$1,195.18
$1,000.00
$792.00
$287.55
$10.00
$1,750.00
$450.00
$36.79
$118.64
$4,354.13
$1,776.96
$398.02
$145.14
$448.91
$30.00
$63.00
$53.25
$93.15
$144.00
$249.06
$41. 32
$4,376.47
$35.15
$97.20
$571.49
$5.97
$128.00
$1,103.48
$229.70
$430.72
$298.05
$11,229.81
$749.30
$196.81
$25.55
$50.00
$36.87
$103.90
$16.19
$5.50
$6,235.33
$283.45
$343.99
$85.00
$569.29
$188.75
$2,006.10
LUBRICATION TECHNOLOGIES INC
LUNDEEN, BOB
LYMAN LUMBER COMPANY
MAXI -PRINT INC
MCSB INC
METRO ATHLETIC SUPPLY
METRO SALES INCORPORATED*
METROPOLITAN COUNCIL ENVIRONME
METROPOLITAN FORD
MICHAEL J WILKUS ARCHITECTS IN
MICHELAN, JOHN
MICROAGE OF MINNESOTA
MIDWEST ASPHALT CORPORATION
MINNEAPOLIS CRISIS NURSERY
MINNESOTA COACHES INC
MINNESOTA CONWAY
MINNESOTA TROPHIES & GIFTS
MINNESOTA UC FUND
MINNESOTA VIKINGS FOOD SERVICE
MOORE MEDICAL CORP
MTI DISTRIBUTING CO
MUNICILITE
NATIONAL SAFETY COUNCIL
NEWS, THE
NORTH SECOND STREET STEEL SUPP
NORTH STAR ICE
OBERLE, KAREN TOLLISON
OHLIN SALES
OLSEN CHAIN & CABLE CO INC
OPM INFORMATION SYSTEMS
OUTHOUSE CREATIVE THREADS & EM
P & H WAREHOUSE SALES INC
PRAIRIE ELECTRIC COMPANY
PRAIRIE LAWN AND GARDEN
PRINTERS SERVICE INC
QUALITY WASTE CONTROL INC
QUICKSILVER EXPRESS COURIER
RAK INDUSTRIES
RDO EQUIPMENT CO
RESCUE ONE INC
RESPOND SYSTEMS
RICHARDS ASPHALT COMPANY
RITZ CAMERA
RlVERLAND COMMUNITY COLLEGE
ROAD RESCUE INC
ROADRUNNER TRANSPORTATION INC
SALLY DISTRIBUTORS
SCHARBER & SONS
SHAKOPEE VALLEY PRINTING
SNAP-ON TOOLS
SOUTHWEST CONTRACTORS SUPPLY
SPECTACLE SHOPPE, THE
SPORTS WORLD USA INC
SQUARE CUT
ST PAUL, CITY OF
LUBRICANTS & ADDITIVES
OTHER CONTRACTED SERVICES
BUILDING MATERIALS
PRINTING
COMPUTERS
OPERATING SUPPLIES-GENERAL
POSTAGE
WASTE DISPOSAL
CONTRACTED REPAIR & MAINT
DESIGN & CONST
OTHER CONTRACTED SERVICES
SOFTWARE
PATCHING ASPHALT
PROFESSIONAL SERVICES
TRANSPORTATION
CONTRACTED REPAIR & MAINT
OPERATING SUPPLIES-GENERAL
UNEMPLOYMENT COMP
MISCELLANEOUS
SAFETY SUPPLIES
EQUIPMENT PARTS
EQUIPMENT PARTS
TRAINING SUPPLIES
DUES & SUBSCRIPTIONS
OPERATING SUPPLIES-GENERAL
MISC TAXABLE
OTHER CONTRACTED SERVICES
NEW CAR EQUIPMENT
OPERATING SUPPLIES-GENERAL
COMPUTERS
CLOTHING & UNIFORMS
REPAIR & MAINT SUPPLIES
REPAIR & MAINT SUPPLIES
REPAIR & MAINT SUPPLIES
REPAIR & MAINT SUPPLIES
WASTE DISPOSAL
POSTAGE
OPERATING SUPPLIES-GENERAL
EQUIPMENT PARTS
OTHER EQUIPMENT
SAFETY SUPPLIES
WASTE BLACKTOP/CONCRETE
PHOTO SUPPLIES
SCHOOLS
EQUIPMENT PARTS
CONTRACTED REPAIR & MAINT
OPERATING SUPPLIES-GENERAL
EQUIPMENT PARTS
PRINTING
SMALL TOOLS
OPERATING SUPPLIES-GENERAL
PROTECTIVE CLOTHING
AWARDS
PROFESSIONAL SERVICES
PATCHING ASPHALT
EQUIPMENT MAINTENANCE
ICE ARENA
OUTDOOR CENTER-STARING LAKE
POLICE
HUMAN RESOURCES
PARK MAINTENANCE
GENERAL
SEWER UTILITY-GENERAL
EQUIPMENT MAINTENANCE
FIRE STATION
VOLLEYBALL
HUMAN RESOURCES
STREET MAINTENANCE
HOUSING, TRANS, & SOC SVC
ADULT PROGRAM
FIRE
POLICE
BENEFITS
GENERAL BUILDING FACILITIES
FIRE
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
POLICE
COMMUNITY CENTER ADMIN
STREET MAINTENANCE
PRAIRE VIEW LIQUOR #3
VOLLEYBALL
EQUIPMENT MAINTENANCE
PARK MAINTENANCE
STREET MAINTENANCE
SUMMER SKILL DEVELOP
PARK MAINTENANCE
EPCC MAINTENANCE
PARK MAINTENANCE
ICE ARENA
EPCC MAINTENANCE
GENERAL
TRAFFIC SIGNALS
EQUIPMENT MAINTENANCE
FIRE
EQUIPMENT MAINTENANCE
STREET MAINTENANCE
COMMUNITY DEVELOPMENT
FIRE
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
ICE SHOW
EQUIPMENT MAINTENANCE
COMMUNITY BROCHURE
EQUIPMENT MAINTENANCE
STREET MAINTENANCE
FIRE
ICE ARENA
POLICE
STREET MAINTENANCE
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT VENDOR
62741
62742
62743
62744
62745
62746
62747
62748
62749
62750
62751
62752
62753
62754
62755
62756
62757
62758
62759
62760
62761
62762
62763
62764
62765
62766
$13 .14
$504.45
$136.18
$1,557.29
$8,744.78
$125.00
$8,398.01
$2,250.00
$10.65
$412.38
$749.93
$88.27
$392.00
$297.04
$1,521.92
$21,015.00
$878.86
$625.00
$107.39
$864.00
$6.50
STAR TRIBUNE
STREICHERS
STRINGER BUSINESS SYSTEMS INC
SUBURBAN TIRE & AUTO SERVICE I
SUMMIT ENVIROSOLUTIONS
SWEDLUNDS
SYSTECH SERVICES
TIE COMMUNICATIONS INC
UNIFORMS UNLIMITED
UNITED PROPERTIES CONSTRUCTION
UNLIMITED SUPPLIES INC
US FILTER/WATERPRO
US PREMISE NETWORKING SERVICES
VIDEO SERVICE OF AMERICA
W W GRAINGER INC
WASHBURN-MCREAVY PROPERTIES LL
WATSON CO INC, THE
WEST SUBURBAN COLUMBUS CREDIT
WESTSIDE EQUIPMENT
ZAHN, GERALD
ZEE MEDICAL SERVICE
$382.96 ZEP MANUFACTURING CO
$1,698.80 DAY DISTRIBUTING
$7,344.10 EAST SIDE BEVERAGE COMPANY
$595.29 QUALITY WINE & SPIRTS CO
$319.01 WORLD CLASS WINES INC
$616,119.78*
28-APR-1998 (08:05)
DESCRIPTION
MISC NON-TAXABLE
FIRE TRUCK EQUIP
CONTRACTED REPAIR & MAINT
TIRES
PROFESSIONAL SERVICES
WASTE DISPOSAL
CONTRACTED COMM MAINT
OTHER EQUIPMENT
CLOTHING & UNIFORMS
REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES-GENERAL
MERCHANDISE FOR RESALE
OTHER EQUIPMENT
VIDEO SUPPLIES
REPAIR & MAINT SUPPLIES
SPECIAL EVENTS FEES
MERCHANDISE FOR RESALE
PROFESSIONAL SERVICES
CONTRACTED REPAIR & MAINT
OTHER CONTRACTED SERVICES
SAFETY SUPPLIES
LUBRICANTS & ADDITIVES
BEER 6/12
BEER 6/12
DISCOUNTS
DISCOUNTS
PROGRAM
PRAIRE VIEW LIQUOR #3
FIRE
GENERAL
EQUIPMENT MAINTENANCE
Bearpath monitoring
OUTDOOR CENTER-STARING LAKE
POLICE
10 MGD WATER PLANT EXPANSION
POLICE
EP CITY CTR OPERATING COSTS
TRAFFIC SIGNS
INSPECTION-ADMIN
PARK FACILITIES
POLICE
EPCC MAINTENANCE
CASH PARK FEES
CONCESSIONS
COMMUNITY SERVICES
EQUIPMENT MAINTENANCE
VOLLEYBALL
COMMUNITY CENTER ADMIN
EQUIPMENT MAINTENANCE
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
DATE: 05/05/98
EDEN PRAIRIE CITY COUNCn, AGENDA
SECTION: Petitions & Requests
ITEM NO: "ilL ~
DEPARTMENT: ITEM DESCRIPTION: I.C. 94-5369
Engineering Division Approve Preliminary Layout Plan for CSAH 1
Rodney W. Rue (Pioneer Trail) between Hennepin Town Road and TH 212
Recommended Action:
Approve resolution approving Preliminary Layout No.3 for the CSAH 1 (Pioneer Trail)
Improvements between Hennepin Town Road and TH 212.
Overview:
Hennepin County and City of Eden Prairie staff have been working on this preliminary layout
(since Hennepin County received federal funding for this project) in preparation for the
presentation of this layout to the public and City Council.
Primary Issues:
On March 19, 1998, we held an open house to present the CSAH 1 layout to the public for
review and comment. Based on the questions and comments we received, we sent out a
memorandum with responses to those questions/comments (copy attached) and made some
modifications to the Preliminary Layout. We also hosted a Council Workshop on April 21, 1998
to review issues identified at the open house. A second open house is scheduled for May 4,
1998 for review of the layout modifications.
Financial Issues:
At this time, we know that the project costs are in the $6 million range (preliminary estimate)
with federal funds covering approximately $3.26 million. Hennepin County has indicated that
they should have a preliminary idea of the City's share of the project costs by the May 5th City
Council meeting.
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
APPROVAL OF PRELIMINARY LAYOUT PLAN FOR
CSAH 1 (pIONEER TRAIL) BETWEEN
HENNEPIN TOWN ROAD AND T.H. 212
WHEREAS, the Hennepin County Transportation Department has prepared a layout plan for the
construction of CSAH 1 (Pioneer Trail) between Hennepin Town Road and TH 212 (Flying
Cloud Drive) within the City of Eden Prairie;
WHEREAS, the improvement of CSAH 1 to a four-lane divided roadway is consistent with the
transportation element of the Comprehensive Guide Plan;
WHEREAS, the Preliminary Layout plan has been reviewed and modified to minimize impacts
to adjacent property owners; and
WHEREAS, the improvements contemplated in this project are important to the safety and
benefit of the residents of Eden Prairie.
NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Eden Prairie that
said Preliminary Layout Plan No. 3 for County Project No. 9320 is hereby approved, that
Hennepin County is hereby authorized by the City to acquire all rights-of-way, permits and/or
easements required for said improvements, and that the City agrees to ban the parking of motor
vehicles at all times and to provide enforcement for the prohibition of on-street parking on those
portions of said County Project No. 9320 within its corporate limits.
BE IT FURTHER RESOLVED, that the City does not intend to use Tax Increment Financing
to finance any portion of the project cost.
ADOPTED by the Eden Prairie City Council on May 5, 1998.
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. Uram, City Clerk
-MEMORANDUM -
TO: Residents along CSAH 1 (pioneer Trail)
THROUGH: Eugene A. Dietz, Director of Public Works
Alan D. Gray, City Engineer
FROM:
DATE:
SUBJECT:
Rodney W. Rue, Assistant City Engineer ~ f
. April 7, 1998
Questions/Comments from Neighborhood Informational Open House
on CSAH 1 (pioneer Trail) Improvements
An "open house" was held on March 19, 1998 at the Eden Prairie City Center regarding the proposed layout for the CSAH
1 (pioneer Trail) improvements. The purpose of this memorandum is to provide the adjacent residents a compilation of
questions/comments that were received during the "open house" together with responses from either Hennepin County or
the City of Eden Prairie. In addition, this memorandum is intended to notify all adjacent residents of the proposed schedule
for the approval of the layout by the Eden Prairie City Council. We have scheduled the City Council to consider approval
of the CSAH 1 layout at their regularly scheduled meeting on May 5, 1998 at 7:30 p.m. in the council chambers at the City
Center (8080 Mitchell Road). The city council meetings are cable-cast live on Channel 34 (the public access channel
available to subscribers of Cable TV). We have also scheduled another "open house" to review changes made to the layout
based on comments received. The "open house" is scheduled for May 4, 1998 from 5:00 p.m. to 7:00 p.m. in the Heritage
Room at the City Center.
The following is a list of summarized questions/comments of a general nature that were raised at the informational "open
house" on March 19 with responses and/or solutions in bold type. Hennepin County responses are noted as "HC" and the
City of Eden Prairie responses are noted as "EP". In addition, Hennepin County has responded to many residents with
individual or specific property questions:
1. There were a few questions regarding the need for a four-lane facility and asking why not just build turn lanes and
leave the roadway two lanes.
Eden Prairie's Transportation Plan envisioned CSAH 1 (Pioneer Trail) being a four-lane divided roadway
based on current and projected traffic volmnes, access requirements, safety, etc. (EP)
Improvements to Pioneer Trail are being proposed at this time to improve the safety and traffic-carrying
capacity of the roadway, and to replace the pavement structure, which has deteriorated to the point where
overlaying the existing pavement is not an option. The existing Pioneer Trail corridor is generally a two-lane
rural roadway with narrow shoulders and provisions for turn lanes at some of the intersecting streets. The
current average daily traffic is approximately 11,200 vehicles. The accident rate for the roadway is over two
times the average accident rate for similar types of roadways within the County Transportation System (3.34
accidents per million vehicles miles versus the average of 1.47).
The proposed Pioneer Trail construction will replace the existing two-lane rural highway with a four-lane
divided urban roadway with concrete curb and gutter. To provide for improved safety and operating level
of service, the proposed roadway section includes raised center medians with left turn lanes at intersections.
The average accident rate for an urban four-lane divided facility within the County system is 1.13 accidents
per million vehicles miles, compared to 2.21 for four-lane undivided roadways. The primary funding sources
to be utilized, federal (ISTEA) and State Aid (gas tax), require that the project must be designed to
accommodate traffic projections 20 years from the present. A two-lane roadway would not be sufficient
enough to accommodate future traffic demands. Traffic volumes for Pioneer Trail are estimated to be
approximately 20,000 vehicles per day in the year 2018, based on full build out of the Minnesota Department
3 1
of Transportation's (MnDOT) TH212 project. Traffic volumes would be expected to be higher if m 212
terminates at CSAH 4 (Eden Prairie Road), which is the westerly limit of the m 212 project currendy
funded. (HC)
2. Why is the median so wide (18 feet)? Can it be narrowed or painted?
The median is 18 feet wide in areas where there are no left turn lanes. Left turn lanes are provided at cross
street locations. The median is six feet wide in the left turn areas. These median areas provide a safety
butTer to opposing traffic and they also provide a space for the installation of traffic signs. Additionally, the
medians provide a refuge area for pedestrians crossing Pioneer Trail at street intersections. There is not
enough space between intersecting streets to transition from an 18-foot median to the minimum raised median
width of six feet (the transition lengths and roadway alignment must be sufficient to meet a 45 mph design
speed). Painted medians do not provide the safety that raised medians provide, and the raised medians
provide an opportunity to independendy adjust the grades of the eastbound and westbound lanes, thus
minimizing impacts to the adjacent properties. (HC)
3. It is difficult to turn onto Pioneer Trail now, four lanes will only make it more difficult.
Traffic volumes will continue to increaSe even without the proposed improvements. Reconstructing Pioneer
Trail as a four-lane divided roadway will provide the opportunity for more gaps in the traffic. The additional
through lane will improve access to the roadway for vehicles turning right onto Pioneer Trail, and the center
median openings will provide a refuge area for vehicles turning left onto CSAH 1. (HC)
4. Although there were a couple of comments applauding trails on both sides, there were others that questioned why
bituminous trails are being proposed on both sides of the roadway.
Providing pedestrianlbicycles trails on roadways such as Pioneer Trail is consistent with the "Hennepin
County Bicycle System Plan". These facilities encourage the use of bicycles as an alternative mode of
transportation, and including the trails was a key element in obtaining federal funds for the project. (HC)
The City of Eden Prairie has a comprehensive trail plan that indicates trails on both sides of many roadways
(particularly on higb volume County roads) within the City. Trails on both sides will allows multiple use
(walking, running, biking, etc.) without having to cross the roadway at unsignalized intersections. (EP)
5. A pedestrian bridge should be provided over Trunk Highway 212.
This issue will need to be studied further and would likely be an independent project or part of the CSAH
1 project west of m 212. (EP)
6. Noise levels are already high -four lanes will only make it worse. What noise studies have been performed along
the corridor? Will there be noise walls constructed along the project corridor?
An Environmental Assessment WorksheetlEnvironmentai Assessment document is being prepared for this
project. This document will be finalized after approval of the Preliminary Layout by the Eden Prairie City
Council. The document must be approved by the Federal IDghway Administration prior to setting the bid
letting date of the construction contract.
As part of the environmental documentation, a noise analysis is being perfonned to study noise impacts
associated with the construction and operation of the roadway. Federal Highway Administration (FHW A)
noise standards apply to this project because federal funds are being utilized. According to FHW A standards,
a noise impact occurs when one of the following conditions exist: (1) the projected noise levels substantially
increase over the existing noise levels in the area, and (2) the projected noise levels approach or exceed the
noise abatement criteria, which is 70 dBA in residential areas.
There is no mandated def"mition for what constitutes a "substantial increase", but in general, increases in the
range of 10 to 15 dBA is considered substantial. Preliminary results of the noise study indicate that the
predicted noise level increases on this project are less than 10 dBA. It should be noted that the noise levels
would be expected to increase even without the proposed improvements, due to anticipated traffic growth,
which would occur with or without the project.
L{ 2
The preliminary results of the noise study indicate that the existing and predicted future noise levels do not
exceed 70 dBA at any of the receptors in the project corridor. In some locations the future noise levels, with
the proposed improvements, are predicted to decrease from the existing noise levels. In other locations, the
predicted future noise levels increase from the existing levels, but in general, the increase is 3 dBA or less.
Noise level increases of 3 dBA or less are considered imperceptible to the human ear.
If the predicted noise levels were to exceed 70 dBA, and an effective barrier were feasible at locations where
the noise levels were greater than 70 dBA, then Hennepin County would be obligated to consider mitigation.
But Pioneer Trail is an uncontrolled access facility and barriers are usually not feasible for these types of
facilities. For a barrier to provide significant noise reduction it must be high enough and long enough to
shield the receptor from significant sections of the highway. Access openings in the barrier, such as driveways
and side streets, severely reduce the noise reduction provided by the barrier. It then becomes economically
unreasonable to construct a barrier for a small noise reductions. Safety at access openings due to restricted
sight distances is also a concern. Because placing a barrier such as a noise wall would not effectively reduce
the noise along this roadway, Hennepin County would not be obligated to mitigate the noise on this project.
At this time, noise walls are not proposed for this project. (HC)
7. Will there be additional landscaping? What does Eden Prairie's tree preservation ordinance state?
There will be a separate landscape plan developed after the completion of the roadway construction with
public input expected. The landscape plan will be developed based on Eden Prairie's tree preservation
ordinance which states that road projects need to replace 35% of the caliper inches of significant tree loss on
the project. (EP)
8. Heavy trucks create high noise levels and should be limited or forbidden on Pioneer Trail.
Pioneer Trail is a County-State Aid designated roadway and is functionally classified as a minor arterial,
which means it is intended to carry relatively heavier traffic volmnes than local streets. The County does not
place limitations on the types of vehicles allowed on these types of roadways. (HC)
9. Traffic speeds are too fast -reduce the speed limit.
All speed limits in the State of Minnesota are set by the Commissioner of Transportation. The City and
County previously requested the Minnesota Department of Transportation (MnDOT) to perfonn a speed study
for Pioneer Trail, and based on the results of the study, the speed limit was lowered for this section of
roadway from 50 mph to 45 mph in 1996. Because this is a federally funded project, the design speed must
be equal to or exceed the posted speed. A design speed of 45 mph is being utilized to lessen impacts to the
adjacent properties. After the roadway is constructed, it will be signed for the present 45 mph. The City
and County can request that another speed study be perfonned after completion of the project, but there is
no guarantee that the speed limit would be lowered. (HC)
10. Will better enforcement of the 45 mph speed limit be achieved?
The current situation (with little or no shoulder) along CSAH 1 made it very difficult for the Police
Department to "pullover" any speeding violators. With the proposed four-lane roadway, there will be the
opportunity to provide enforcement in a safer situation. (EP)
11. Bennett Place needs to have a traffic signal?
A traffic study has recently been completed for this intersection. The study indicates that the intersection
meets two of the eleven traffic signal warrants, and its priority rating high enough to justify a signal at this
location. Therefore, a traffic signal will be constructed at Bennett Place as part of this project. (HC)
12. Blossom Road should connect to Pioneer Trail opposite Spoon Ridge.
The City of Eden Prairie has investigated the possibility of connecting Blossom Road to Pioneer Trail directly
across from Spoon Ridge. Whereas this connection would have some benefits, especially for the Prairie
Lutheran Church, it would likely be controversial for other neighbors to the south of Pioneer Trail who would
see an increase in traffic. In addition, the costs to purchase the right-of-way necessary for this connection
3
would be high, and the total cost to reconstruct Blossom Road would exceed the benefit derived. Therefore,
the staff wiD recommend to the City Council that the connection will not be pursued at this time. (EP)
13. How will property values be affected?
This is certainly a subjective and debatable issue with many diverse opinions. However, property owners with
property or easements being acquired by the County will be compensated for the difference in value before
and after the project. (EP)
14. The project is taking too much land. Concerned about construction limits and impacts to properties (fences, trees,
etc.).
Throughout most of the project, the County owns approximately 100 feet of right-of-way. The amount of
right-of-way required for the proposed improvements is about 110 feet. Additional easements will be required
from most property owners to construct slopes to the existing ground. The proposed design attempts to
balance impacts on both sides of the roadway. The alignment has been shifted in certain areas to minimize
overall impacts.
Where possible, trees will be saved and identified on the construction plans. Since the informational open
house, additional retaining walls have been added to minimize tree loss and grading impacts. Property owners
will be compensated for the loss of trees and fences which are currendy located on private property. (HC)
15. The roadway should be moved to the north where there is more vacant land and reduce the impacts to existing
residents.
The City and County recognized this opportunity during development of the preliminary layout and the
roadway was shifted significandy in the area east of Homeward Hills Road. Based on comments received
during the open house, the roadway has been shifted further to the north in the area west of Homeward Hills
Road. During the design process, there may be other opportunities to make some minor changes to reduce
the impacts to adjacent properties. (EP)
16. How will access be provided during construction?
The construction will be staged to maintain through traffic at all times throughout the project, except for a
period of time during the construction of the new culvert crossing at Purgatory Creek. There may be short
term lane closures during the daytime to accommodate certain construction activities, but the lane closures
will not occur during peak traffic times.
The contractor must maintain access to residences and businesses at all times during construction of the
project. At certain times, this access may be accomplished with temporary measures, such as gravel surfaces.
Every attempt will be made to minimize inconveniences to both property owners and the traveling public.
(HC)
17. Will power poles and lines be removed or buried?
The City of Eden Prairie has been working with NSP to determine the feasibility of burying the power lines
and providing street lighting along the entire project. The additional cost would be a direct City expense and
a determination as to whether the power lines will be above ground (on poles) or below ground will be made
during the development of the detailed construction plans. (EP)
18. Is there a need for a left turn lane into Sherman Drive? Why not "close off" Sherman Drive?
The layout of CSAH 1 can accommodate a left turn lane into Sherman Drive. If closed, traffic patterns would
change and shift more traffic onto other streets. (EP)
cc: Carl J. Jullie, City Manager
Mayor and City Councilmembers
Bruce Polaczyk, Hennepin County
(p 4
CITY COUNCIL AGENDA Date: Feb. 3, 1998
Section: Reports of Commissions
Department: PRNR Subject: Oral Presentation of the Arts Commissions ItemN1x~ TriaMaoo,ArtS&Spe~, Strategic Planning Session
Events Coordinator } ---
On Saturday, May 9, 1998 from 8:00 a.m. until Noon the Arts Commission will be meeting with
Robert Christenson, Senior PrincipaL for the Center for Iooovative Governance to continue work on
their strategic plan.
In 1995 the Arts Commission met with Robert Christenson and developed their 1995 -1998 Strategic
Plan (see attachment). The Commission has been Following that plan since it was adopted. With the
completion of a majority of the objectives and because of the many changes that have occurred within
the arts, the commission has plaooed to review and renew their strategic plan.
Robert Christenson will help the commission look at what's been accomplished, what are the hot
issues, .t do they specifically want to accomplish, and how does this all correlate with the City's
Vision 2001 plan.
attachment: 1995 -1998 Arts Commission Strategic Plan
cc: Laurie Helling, Manager of Recreation
OralPreITrial98
1
11
~
0 = ......
tJJ ra
U'j ~ ...... ~
S u
S • f'I'4
0' 0lJ
U ClJ ....
U'j ra ....., J-c
M .... « r..n
dJ 00
.. I"'( 0"\ M ...... ' 0"\
~ ~
M
~, •
~ Lt')
dJ 0"\
"'d 0"\
~ ~
I
~
TABLE OF CONTENTS
INTRODUCTION Page 2
ROLE & RESPONSIBILITIES Page 3
MISSION & VISION Page 3
STRATEGIC GOALS Page 4
ENVIRONMENTAL ASSESSMENT Page 10
KEY ASSUMPTIONS Page 11
\Sl GUIDE TO IMPLEMENTATION Page 12
Pagel
....c::.
1 •..•••••••••••••••••••••••••••••• < ••• H·.....r ••• • •••••• •··•·•·· •••• H ••• INTROD UCTION........ » •.••. H·· .. · .•. · ....... >.H •••• ·> ••••• •••• ••• · ••• ··.··I
This is the Eden Prairie Arts Commission 3-Year Strategic Plan for
the period of April 1, 1995 to January 31,1998.
The Plan was developed by the Arts Commission at a strategic
planning retreat held March 11, 1995, at the Outdoors Center on
Staring Lake.
Its primary purpose is to set forth a course of action for the Arts
Commission over the next one to three years. More specifically,
the Plan is designed to:
1. Create a clear understanding of why the Eden Prairie Arts
Commission exists (Mission Statement).
2. Conceive an inspiring image of the arts environment in Eden
Prairie in the Year 2000 (Vision).
3. Establish a set of goals which move the Commission forward
toward the fufillment of its mission and realization of its vision
(Strategic Goals)
4. Enable the Commission to effectively present its role and
responsibilities as the funire evolves, and recommend changes
to the City'S best advantage.
5. Maximize the Commission's ability to shape the external arts
environment rather than be shaped by it .
6. Establish accountabilities for the accomplishment of Strategic
Goals.
7. Adopt a process for implementing the Plan in the most efficient
and effective way possible (Guide to Implementation).
Page 2
~
• Advise the Eden Prairie City Council on matters pertaining to activities,
programs and facilities of artistic significance to the City of Eden Prairie.
Implement programs of artistic significance.
THE ARTS COl'v1ivIISSION'S RESrONSIBILTIES
Function as an agent to receive gifts and donations to the City Council for
artistic purposes according to policy.
Advise the City Council on matters pertaining to artistic affairs.
Recommend areas and/or facilities that the City might include in the City'S
park program that have artistic significance.
Advise the City Council on needed expansion and improvements in artistic
programs in the community.
Implement programs necessary to accomplish its goals.
THE ARTS CO~vE\IISSION'S MISSION
Because arts are essential to the quality of life in Eden Prairie, the Arts
Commission exists to enrich the City's arts culture:
By nurturing the diverse expression of the arts throughout the community.
By increasing the accessibility and affordability of the arts for every
household.
By providing educational and participative opportunities which build
understanding and awareness of the arts.
By harmoniously coordinating arts functions and activities to serve the needs
of all residents of Eden Prairie; and
By promoting collaboration among arts organizations.
StategicPlanlLaurie96
June 12, 1996
By the year 2000, we envision that Eden Prairie will be widely known for its
commitment to the arts. There is significant evidence to demonstrate how
important the arts are to Eden Prairie residents.
The Staring Lake Concert Series continues to draw ever larger crowds,
pressuring the schedule to continually expand.
The Arts Center has undergone its third expansion as a premier arts
education and exhibit facility.
A 800 seat auditorium has been constructed to offer year-round music and
theatrical offerings.
The Arts Commission orchestrates spectacularly creative public relations
efforts promoting the arts in Eden Prairie, including huge street banners, an
arts directory, arts publications, T-shirts, and arts buses/trolleys for efficient
access to arts events.
Annually, Eden Prairie celebrates a week-long arts appreciation event.
There is a wide variety of arts offerings, and residents and visitors seek out
the arts happenings of most interest to them.
Every summer, Eden Prairie hosts a major arts festival arrayed around the
shore of Staring Lake. Many local and national artists compete to exhibit at
the festival, which draws visitors from throughout the country.
Eden Prairie has become a magnet for coffee houses, book stores, and ethnic
eateries providing literary discussions, readings, acoustical musicians and
vocalists, and varied artists who offer unique expression in an intimate
environment.
And in the Year 2000, the arts flourish in Eden Prairie.
~"
1. Create an effective,
efficient organizational
structure and process by
which to conduct the Arts
Commission's business.
• Full-time staff to
support work of the
Arts Commission.
• Inter-governmental
cooperation is offered
on arts projects.
• Commission's work
is continually guided
by its strategic plan.
• Commission creates
time for brainstorming
and communicating.
x Barb N.
&
DebP.
Page 4
--.J
2. Develop cooperative
relationships with other
arts related organizations.
• Relationships are
established with arts
commissions in other
communities.
• Relationships are
established with all
arts-related organiza-
tions in Eden Prairie.
• An arts resource
directory is published
x EmS.
&
TomM.
PageS
~
3. Be the information
center for identifying
funding needs, funding
sources, and funding
opportunities in the arts.
• Media coverage of
availability of this
service
x LoisS.
Page 6
-..S:l
4. Determine the arts
needs of Eden Prairie
residents, and encourage
the development and
offerings of programs and
facilities to meet those
needs.
• Adequate funding
available for all
programs and
facilities.
• Ample supply of
volunteers.
• Strong cooperation
& endorsements from
key "players."
• Strong interest from
artists wanting to
participate.
• Groi.mdswell of
support from City
residents.
• Feasibility of public-
private partnerships
being developed.
x Beth B.
Page 7
-c'
5. Establish and monitor
utilization requirements to
be met by all arts facilities
are funded by the City.
• Intra-governmental
cooperation.
X
9{30
1995
DebP.
PageS
---
6. Undertake creative
publicity and promotional
efforts which enhance the
visibility and awareness of
the arts in Eden Prairie.
• The media gives
ample coverage to
community arts
issues and events.
x Barb N.
&
Dan R.
Page 9
-~
, ••••••••••••••••••••••••••••••••••••••••••••••• l1JN;yIRQNME.NTA.x.; ••• ~SSESSMENt •• ••• ••••••••••••••••••••••• • •••• i.· ....... J
The Arts Commission identified the following environmental
forces and factors which are shaping the arts landscape in Eden
Prairie, and were considered in fonnulating the strategic plan.
• Public Schools
-A major provider of arts programs and facilities.
-A strong educational force impacting the youth.
-A vital communications link for arts programming.
• City of Eden Prairie
-Parks & Recreation provides facilities and programming.
-Arts Commission advises City Council and creates programs.
-City funds arts programs, events, and facilities.
-City government is a political force establishing arts public
policy.
• Private Sector
-Provider of arts education.
-Provider for arts resources.
-Provider of arts funding.
• Citizens of Eden Prairie
-Users and participants in arts events, projects and activities.
-Supplier of artists with a variety of skills and abilities.
• Weather
-Impacts events and facility needs.
• Surrounding Communities
-Some competition for arts offerings and events.
• National Mood
-Currently, not fully supportive of the arts.
• Media
-At issue is how they communicate, and how adequately
they communicate, on arts issues and events.
Page 10
(Y
1>/<KE'¥ASSJJMIOCIQNSi>B.'
The strategic plan is based, in part, on the following assumptions
regarding the current status of the arts culture in Eden Prairie:
• Diversity of Arts Programs
-Presumed to be quite good for students ages 5 to 18.
-Recognize there is room for growth, however.
• Frequency of Arts Offerings
-Many programs for students during the school year.
-Arts Commission focuses its offerings in the summer months.
-City offers some programs year-round.
-Much room for growth in this area also.
• Quality of Arts Offerings
-Visual arts restricted mostly to craft-level arts.
-A shortage of [me arts, and high-quality literary arts.
-Quality is related to arts education, and arts education does
not reach the entire community.
-Much is unknown at present regarding qUality.
• Public Perception
-Rather low visibility of arts opportunities in public realm.
-Difficult for students to access arts programs in high school.
• AtTordabiIity
-Visual arts appear to be affordable.
-Unknown how affordable it is to participate in the arts.
• Accessibility
-Least accessible are visual, literary and theater arts.
-Most accessible are music offerings.
• Eden Prairie Foundation & Arts Council
-Working together to create an Arts Center in Eden Prairie.
-Selection of executive director of Arts Center an important
consideration for the Arts Center's success.
-Role of Arts Center will be clarified over the next two years.
• Regulatory Issues
-One concern is high decibel levels of certain musical events.
-A major issue will be funding for the arts.
• Duplication of Programs and Services
-There is currently no coordination of arts programs and events
offered by schools, Arts Commission, Parks & Recreation, and
the private sector.
Page 11
-s:...
I •••••••••••••••••• •• ·• •••••• ••• ••••••••••••••••••••• G-umE ••• ocQ.lfi~_N]J~1JiQN •••••••••••••••••••••••••••••••• i ••••••• H ••••••••• j
The effectiveness of this strategic plan rests, in large measure, on
how it is used by the Commission in making decisons and setting
policy, how well it is communicated and to whom, how frequently
progress is evaluated and necessary adjustments made, and how
committed the Arts Commission is to ensuring its implementation.
• The Plan Will Extend the Work of the Commission
The strategic plan is a very useful device for linking the work of
the Commission to other key stakeholders, potential partners,
funders of arts projects, and other arts-related organizations.
The plan identifies areas where linkages and collaborations are
beneficial. And by sharing the Mission, Vision, and Strategic
Goals with targeted audiences, a strong foundation is laid for
developing a synergistic relationship.
• The "Means" for Achieving Each ,Goal May Be Delegated
The plan is ambitious, because the arts environment is rapidly
changing and because opportunities do not wait. The Arts
Commission members acknowledge that it would be most
difficult to implement this plan alone.
By creating task forces to address specific goals, or specific
objectives for certain goals, the Commission's work is shared
with others who are interested in its success. This becomes an
opportunity to broaden exposure to the Commission's programs
and activities, and to establish a wide-based foundation of
community support for the arts.
• The Plan Will Be Broadly Distributed, and Feedback Invited
The strategic plan's power lies in its ownership. The more who
have knowledge and ownership in the plan, the more powerful the
plan becomes in shaping the future for the arts in Eden Prairie.
The plan is not perfect; it only points to a vision of what can be
more perfect than the status-quo. By inviting comments and
ideas from others, and incorporating them where they can add
value, the plan can continually renew and refme itself to higher
degrees of excellence.
• The Plan Will Be the Commission's Decision-Guiding Tool
Every major decision, issue, or new initiative that is before the
Commission will always be considered in light of the Mission,
Vision and Strategic Goals. If there is a lack of congruity with
Goals, the Mission or the Vision, the Commission has 3 choices:
1. Restructure the decision to achieve hannony with the plan.
2. Put any new initiative on hold until the next plan modification.
3. Modify the plan to accomodate the decision or new initiative.
• Flexibility Will Be Blended With Commitment
The plan is not cast in stone. It must be continually evaluated in
the light of new information, changes in the environment, and
unexpected events. Changes will be incorporated without regret.
Yet, commitment to the Mission, Vision and Strategic Goals will
not be compromised
Page 12
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-5-98
SECTION: REPORTS OF ADVISORY BOARDS AND
COMMISSIONS
ITEM NO. JXB
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger REVIEW BOA APPEAL #98-06
Jean Johnson
Requested Council Action:
Set June 2, 1998 as the meeting to review the Board of Adjustments & Appeals decision on Appeal #98-06
by Richard Haefele and Jennifer Coughlin.
Background:
On April 9th, the Board of Adjustments and Appeals found the City Staff s conclusions outlined in the memo
dated February 13, 1998 do support a case for abandonment of the duplex non-conforming use and
determined the property at 7170 Bryant Lake Drive to be a single family non-conforming use.
Supporting Reports:
April 21, 1998 Haefele letter & attachments
April 9, 1998 Board Final Order & draft minutes
April 2, 1998 Board Staff Report
February 13, 1998 Memorandum from Lang, Pauly, Gregerson & Rosow, Ltd.
I
Mayor Jean Harris
City Hall
8080 Mitchell Road
Eden Prairie, MN 55344
and
RICHARD J. HAEFELE
ATIORNEY AT LAW
1059 STOUGHTON AVENUE
P.O. BOX 85
CHASKA, MINNESOTA 55318
TELEPHONE (612) 448-2200
FACSIMILE (612) 448-7187
April 21, 1998
Eden Prairie City Council
c/o Steve Durham
Zoning Administrator
8080 Mitchell Road
Eden Prairie, MN 55344-2230
Re: 7170 Bryant Lake Drive
Dear Mayor Harris and Council:
Please consider this letter our appeal to the City Council
of the decision of the Board of Adjustments and Appeals on April
9, 1998, that the non-conforming use of the property located at
7170 Bryant Lake Drive had been abandoned. The decision was based
upon the loss of license of the tenant to operate a group home,
the listing of the property for sale and the occupancy of the
home as a single family residence. I believe the decision is
inconsistent with the facts and was based to a great extent on
pressure exerted by the surrounding neighborhood to eliminate the
group home use.
We have contacted the realtor and the occupant of the home
and will submit Affidavits as soon as possible to Mr. Durham
relative to the abandonment issue_ Affidavits of owner and
realtor enclosed.
Please advise if anything further is necessary.
RJH/dab
RE: Petition of
ADDRESS:
APPEAL #98-06
CITY OF EDEN PRAIRIE
BOARD OF ADJUSTMENTS AND APPEALS
FINAL ORDER
Richard Haefele. Fee Owner and Jennifer Cou~hlin. Solid Foundations Pro~am
Director
7170 Bryant Lake Drive
OTHER DESCRIPTION: ~N~tA~ __________________________________________ ___
APPEAL REQUEST: Appealing a decision of City Staffwhich finds that the multi-family non-conforming
use at 7170 Bryant Lake Drive has been abandoned.
The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the
above appeal and after hearing and examining all of the evidence makes the following findings:
Appeal Request of an Administrative Determination #98-06: Board finds the staff conclusions, outlined in
the memorandum dated February 13, 1998, do support a case for abandonment of a non-conforming use and
the Board determined the property at 7170 Bryant Lake Drive to be a single family nonconforming use.
This decision is based upon the following findings:
• The group home use ceased in 1994.
• The MLS listing changed to single family marketing.
• The structure had been rented as a single family in August, 1997.
A copy of this order shall be forwarded to the applicant by the City Clerk.
All Board of Adjustments and Appeals actions are subject to City Council review or an appeal to City Council.
BOARD OF ADJUSTMENTS AND APPEALS
Nt A = Not Applicable
BY: ~ L27;;Z~
DATED: April 9. 1998
BARBIJEAN\BOAIAPP9806
UNAPPROVED
BOARD OF ADJUSTMENTS AND APPEALS
Apri19, 1998
Page 5
Motion: Giglio, seconded by O'Leary to approve Request No. 98-05 by Moynihan Builders, Inc.
for 10220 Homeward Hills Road for approval to move the house located at 9950 Pioneer Trail to
10220 Homeward Hills Road and place the home at a 29-foot front yard setback to Homeward
Hills Road (City Code requires a 30-foot setback), with the following conditions:
1. The contractor acquire all required permits.
2. The driveway be wide enough to allow for addition guest parking
3. The City be asked to evaluate the placement of driveway signage for the street
4. The builders list of work to be done, as submitted with the application, be completed
5. The builder furnish the appropriate bonding or letter of credit as outlined in staff's
recommendation, and as required by code.
The hardship being the Williams Pipeline easement which prevents the house from being located
in the proper place on the property. Motion carried 5 -O.
B. Request 98-06 by Richard Haefele, Fee Owner and Jennifer Coughlin, Solid
Foundations Program director, appealing a decision of City Staff which finds
that the multi-family non-conforming use at 7170 Bryant Lake Drive has
been abandoned.
Mr. Haefele gave his presentation as follows:
Mr. Haefele told the Board he has been the owner ofthe subject property for the
last 13 years. At the time he acquired the property, in 1985, it was a non-
conforming duplex. After taking ownership, the property was leased to a facility
named Welcome Home, a group home licensed by the State of Minnesota, funded
by the Hennipen County. No significant problems were experienced over the
period of time that Welcome Home operated the facility.
The issue of abandonment of the facility's use as a group home came about when
Welcome Home lost its operating license in 1994. The current manager at that
time continued to live in the house on a rental basis and did so up until January of
1996. At this point the property was listed for sale. The original sale listing was
for investment property describing the home as a group home. In early 1997 the
listing was changed to a single-family home. A list was enclosed in the meeting
packet which described the large number of people and agencies that were
contacted trying to find an operator of a reputable group home type program that
might be interested in buying the home.
Mr. Haefele told the Board that during the month of August of 1997, Solid
Foundations was given permission to operate the home with a maximum
BOARD OF ADJUSTMENTS AND APPEALS
April 9, 1998
Page 6
occupancy of the home limited to six residents. In September of that year the
neighbors next to the home raised the issue of abandonment with the City staff.
The City in turn contacted Mr. Haefele and asked him to address this issue of
abandonment.
Mr. Haefele contended that when the property was on the market, it had always
been marked as a group home. He told the Board that as early as last spring
FEMA had contacted the realtor listing the property to see if the property would
be available to house some of the dislocated flood victims from the Red River
floods. FEMA was notified that the property had been issued to permits to house
up to 16 people, as a group home, by the City of Eden Prairie.
The State of Minnesota and Hennipen County have approved the program plans
and the physical preparations of the building. If Eden Prairie revokes the current
zoning, it would devalue the property by one half.
The property was rented to a Mr. Braun on a month-to-month basis from July of
1997 through December of 1997, with the agreement that the owner was looking
for another group home program to occupy the facility. Mr. Haefele said that this
rental situation was done as a matter of courtesy to the renter and not with the
intent to abandon the property from its intended use; that being the group home.
Chairperson Nelson reminded the Board and the citizens in attendance the issue
was not a "question of programs, whether it is single-family and has a six-member
program, or it is the non-conforming use and has ten or more in the program. The
program exists. This is a case of whether the non-conforming use has been
abandoned. This is a real estate situation more so than it is a program situation."
She added, "issues concerning the program would not be relevant to the case
before the Board. "
Jennifer Coughlin, 6901 Bethia Lane, Brooklyn Park, representing Solid
Foundations, gave her presentation as follows:
Ms. Coughlin gave a brief history on how she had met Mr. Haefele and how she
had made her proposal to him in regards to running her group-home program out
of his facility; at that time unoccupied. All government agencies were contacted
and approval to operate the group home facility was granted. The physical
building was brought up to all City and State codes. At the current time the home
can operate as a single-family home with a maximum of six residents. Ms.
Coughlin is licensed as a "Rule 8", which allows her to run a program of up to ten
residents. State requirements stipulate a maximum of five residents per bathroom
s
BOARD OF ADJUSTMENTS AND APPEALS
April 9, 1998
Page 7
facility in any group home. The facility currently has three bathrooms and any
future occupancy would be limited to a total of 15 residents because of the
bathroom use restrictions.
Nelson returned the floor to the Board for questions.
Mr. O'Leary asked who was responsible for funding the group home.
Ms. Coughlin told the Board that Hennipen County was responsible for funding
the program.
Mr. Dunham asked ifthere was a live-in supervisor.
Ms. Coughlin told the Board that the facility is staffed 24-hours a day.
Mr. Ismail asked if the residents came from the immediate or surrounding
communities.
Ms. Coughlin told the Board that the residents are placed on a state-wide basis.
Chairperson Nelson asked the report from staff.
Zoning Administrator Johnson gave her presentation as follows:
It was the staffs opinion that the nonconforming multiple use of the property has
been abandoned and the items and factors relating to this decision were outlined as
follows:
"The case for abandonment of the nonconforming use is based primarily
upon three factors:
l. The non-use of the property since the middle of 1994 for a group
home facility.
2. The listing of the property for sale as a single-family residence in
April, 1997.
3. The rental of the property to a single person in August, 1997.
Johnson then reviewed the items supplied to the Board in their mailed packet.
A letter dated April 7, 1998 from a resident that lives near the home was presented
as new information that evening.
BOARD OF ADJUSTMENTS AND APPEALS
April 9, 1998
Page 8
City Attorney Rosow gave his presentation as follows:
Mr. Rosow stated it was the Board's responsibility to find from the facts presented
that there was an intent to abandon the multi-family use of the facility. The Board
was not bound by the facts that were found by the City Attorney's Office. An
analysis was made of the law and information that was gathered from the
proponent. The conclusion was made as stated by Ms. Johnson in her report.
"The lack of use as a group home, the listing of the property for sale as a single-
family residence and the rental to a single person evidence an intent on the part of
the owner to abandon the nonconforming multi-family residence use of the
property. Continued efforts to market the property for group home purposes after
April, 1997 when it was listed for single-family purposes and the explanation of
Mr. Scheib, the listing realtor< that the listing as a single-family residence was
done to attract more interest from group home users, does not necessarily
demonstrate a continued intent to utilize the property for nonconforming use
purposes. Likewise, the apparent understanding that Mr. Scheib had with the
single occupant of the property that it was the subject of an ongoing interest by a
potential buyer to be used for group home purposes does not negate a finding of
abandonment, as group home uses are allowed in single family residential districts.
Similarly, maintenance of the facility, its use for meetings, and maintaining an
office phone does not evidence an intent to continue to use the property for multi-
family purposes. These actions are not inconsistent with abandonment of the use
of the property as a multi-family residence."
Chairperson Nelson returned the floor to the Board for questions.
Mr. O'Leary asked Mr. Rosow what ramifications would result from finding that
the property use had been abandoned.
Mr. Rosow told the Board the property would be limited to a single-family group
home occupancy of not more that six residents.
Mr. Ismail asked if there was a specific time frame that defined abandonment.
Mr. Rosow told the Board that there is not a defined time period but there is case
law that supports a one-year period, if the nonconforming use has not been used
for that purpose for one year, the courts have said this would be evidence of
abandonment. This is a Statute that applies to counties. There is no municipal
enabling act that has the same provision in a similar statutory scheme that governs
municipalities. All situations are fact specific.
'.
BOARD OF ADJUSTMENTS AND APPEALS
April 9, 1998
Page 9
Mr. Dunham asked Ms. Johnson to summarize the October 14, 1997 letter from
the City that granted Solid Foundations permission to operate the facility.
Johnson told the Board the letter in refence was issued without knowing the fact
that the MLS listing on the home had been changed to reflect a single-family home
status, and also the renting of the facility to a single individual.
Chairperson Nelson opened the floor to the public hearing.
Mark D. Wisser, Esq., retained by the neighborhood at Crown Oaks and Willow
Creek Road, issued a statement supporting the fact that the property use has been
abandoned. He stated he agrees with the City Attorney's findings and added, "as a
matter of policy, nonconforming uses are limited exceptions to municiualities'
power to regulate land use. In other word, the only reason that this use was
allowed to continue, after the zoning ordinance classified this property as rural,
was because it created a change. The law favors consistency with what the
municipality has decided. Therefore, failure to continue that use argues in favor of
abandonment to achieve the goal of having consistent overall ability of the
municipality to implement as planned." The nonuse from 1994 to 1997 shows an
intent to abandon and there was failure to continue.
Brian Duois, 7161 Willow Creek Road, spoke in opposition of allowing the
nonconforming use to continue, citing the fact that the home had been listed in the
MLS as a single-family home. He said, "Minnesota Statute 394.36 clearly states,
and this is out of the Northwestern Reporter, the discontinuation of a
nonconforming use for one year results in termination of that use."
Dick Seidenstricker, 7221 Willow Creek Road, spoke in opposition of allowing the
nonconforming use to continue. He, too, cited the fact that the home was listed as
a single-family home in the MLS listing service.
Gretchen Doctor, 7032 Willow Creek Road, spoke in opposition of allowing the
nonconforming use to continue. She told the Board if she and her family were
aware that a multiple group home would be allowed in the area they would not
have bought their home.
Bob Sparby, 7261 Willow Creek Road, spoke in opposition of allowing the
nonconforming use to continue. He cited the lack of supervision from the group
home staff as his reason for opposing the project.
Jim Beals, 9465 Amesberry Lane, spoke in opposition of allowing the
BOARD OF ADJUSTMENTS AND APPEALS
April 9, 1998
Page 10
nonconforming use to continue. He told the Board the facility had been
abandoned and not used as intended for a period exceeding the one year period of
nonuse.
Chairperson Nelson closed the public hearing and returned the floor to the Board
for their discussion on the issue.
Dunham asked the audience if they could state why they would not be opposed to
six residents but would be opposed to sixteen residents.
Susan Sparby, 7261 Willow Creek Road, told the Board the property did not offer
enough useable flat yard for the children to play in. There is also a safety issue of
the children walking the streets.
O'Leary asked if it would be possible for the Board to limit future use of the
facility to no more than ten residents.
Johnson stated the notice of hearing had not addressed any issue of limiting
numbers.
Rosow stated no conditions could be put on the decision that the Board is charged
in making on the appeal. The issue was to be resolved with a "yes or no" decision.
The state regulates numbers in group homes.
Ismail said he would support adding some conditions if it was possible.
Dunham stated he was having a hard time agreeing with the facts that the City is
using to prove abandonment.
Giglio stated that the owner ignorance oflaw should not be a reason to prove the
property was intentionally being abandoned. He said he agreed with the City
Attorneys Findings of Fact.
O'Leary agreed with Giglio'S comment that ignorance of the law is not a reason to
claim the property was not being abandoned.
Ford stated he could not agree with the City Attorney's Findings of Fact.
Nelson stated that the home has been physically changed to accommodate a single-
family use. She agreed with the City Attorney's conclusion that the nonconforming
use had been abandoned. The fact that the owner tried to sell the property as a
q
BOARD OF ADJUSTMENTS AND APPEALS
April 9, 1998
Page 11
single-family home, as evidenced by the MLS listing, strengthens this conclusion.
Motion: Giglio, seconded by O'Leary to support the staffs conclusion in the memo dated
February 13, 1998 and find abandonment of the non-conforming use at 7170 Bryant Lake Drive
and determine the property to be a single family non-conforming use.
Findings of Facts are as follows:
The evidence of abandonment is based on:
1. The group home ceased to be a group home and remained unused for a period of more
than a year.
2. The home was listed for sale as a single-family residence
3. The property was rented as a single-family residence for a period of time.
Motion carried 3 - 2 -l(Ismail abstained; Dunham and Ford voted nay).
Chairperson Nelson told the applicant there is a IS-day time limit to appeal the decision to the
City Council.
V. OLD BUSINESS
No old business was considered.
VI. NEW BUSINESS
A. Election of Offices
Ford nominated Nelson as Chairperson, Dunham as Vice-Chairperson and Giglio
as Secretary. Nelson, Dunham, and Giglio accepted the nominations. The
nominations were passed unanimously.
VII. ADJOURNMENT
Motion: Ford, seconded by Giglio to adjourn the meeting. Motion carried 6 -O.
The meeting was adjourned at 9:40 p.m.
10
BOARD OF ADJUSTMENT AND APPEALS STAFF REPORT
TO: Board of Adjustment and Appeals members
FROM: Steve Durham and Jean Johnson, Zoning Administrators
DATE: April 2, 1998
SUBJECT: 7170 Bryant Lake Drive, Variance #98-06
Request: Richard Haefele and Solid Foundations are appealing a decision of City Staffwhich
finds that the multi-family non-conforming use at the above address has been abandoned.
Finding/City Staff decision: Note attached to this staff report the memorandum dated February
13, 1998 from Roger Pauly and Richard Rosow, City Attorneys. The conclusion statement is on
page 5 of the memorandum. Below is a synopsis of the conclusion.
Conclusion
"The case for abandonment of the nonconforming use is based primarily upon three factors:
1. The non-use ofthe property since the middle of 1994 for a group home facility.
2. The listing of the property for sale as a single-family residence in April 1997.
3. The rental ofthe property to a single person in August, 1997.
UselLicensing: Solid Foundations is a group home which proposes to use the home at 7170
Bryant Lake Drive to serve between seven and sixteen teenage males, between the ages 14-18,
exhibiting either behavior or emotional disturbances. Solid Foundations is a transitional program
for youths who have successfully completed a residential or correctional program and need to be
back into the community.
The program will be licensed through the Minnesota State Human Rights and Services Division.
Based on the current City Staff finding, the program may operate under the single family zoning
district (Rural) and may have up to six residents at the site.
II
Minnesota State Statutes: 2.
The State Statute, Section 245A.ll, states: "Special conditions for Residential Programs. It is the
policy of the state that persons shall not be excluded by municipal zoning ordinances or other land
use regulations from the benefits of normal residential surroundings."
"Permitted single-family residential use. Residential programs with a licensed capacity of six or
fewer person shall be considered a permitted single-family residential use of property for the
purposes of zoning and other land use regulations, except that a residential program whose
primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or
have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating
to sex offenses shall not be considered a permitted use. Programs otherwise allowed under this
subdivision shall not be prohibited by operation of restrictive covenants or similar restrictions,
regardless of when entered into, which cannot be met because of the nature of the licensed
program, including provisions which require the home's occupants to b related and that the home
must be occupied by the owner, or similar provisions."
"Permitted Multifamily residential use. Unless otherwise provided in any town, municipal, or
other county zoning regulation, a licensed residential program with a licensed capacity of seven to
16 persons shall be considered a permitted multifamily residential use of property for the purpose
of zoning and other land use regulations. A town, municipal, or county zoning authority may
require a conditional use or special use permit to assure property maintenance and operation of a
residential program. Conditions imposed on the residential program must not be more restrictive
than those imposed on other conditional uses or special uses of residential property in the same
zones, unless the additional conditions are necessary to protect the health and safety of the
persons being served by the program."
The City does not have special use permits as part of the City code.
History: In August of 1997 Jennifer Coughlin inquired of the City Zoning Administrator ifa
group home could be facilitated at this site. A program outline was requested and submitted by
Solid Foundations. Based on previous use as a licensed group home serving up to 16 persons it
was believed a group home could operate at this site.
The City received notification via letter from the MN Department of Human Services dated
September 25, 1997 indicating an application for a group home at the site had been filed (the
proposed Solid Foundation program.) . It was believed the site was still a non-conforming use.
Soon afterwards the nonconforming status of the property was challenged and the City staff
reviewed new information. On December 17, 1997 the City sent a letter to the MN Department of
Human Services indicating a challenge to the zoning classification of the property. Review of new
additional information took place between December 1997 and February 13, 1998.
,~
3.
The property is zoned Rural. Based on the current code! zoning the property is considered a non-
conforming use and may remain and be utilized as a residential care facility (provided all State,
County licenses are obtained). The site is connected to City Sanitary Sewer and water. The Guide
plan is Low Density Residential which permits up to 2.5 units per acre. The site is .93 acres.
The site is next to Purgatory Creek and therefore subject to the Shoreland Ordinance.
In 1984 a residential care program was proposed at the site. The program requested a use for 18
residents. City review via the Board of Adjustment and Appeals was required for the number of
residents to increase from 6-18 (Variance #84-53). The Board of Adjustment and Appeals denied
the request. The City Council approved the request in January 1985 based on the fact that the
structure was determined to contain two units, therefore, up to 16 residents could occupy the
facility.
In 1985 a variance request (Variance Request #85-26) to alter the facility and determine its non-
conforming status was requested at the Board of Adjustment and Appeals. The request included
1. To permit conversion of a screened porch, 18' from the rear lot line.
2. To permit a deck addition to the northwest comer of the main structure 15.7' from
the rear lot line.
3. To permit construction of enclosed stairway, to be added to the west side of the
main structure, 34' from the rear lot line.
4. To permit an addition of a garage 1-3 above within 150' of the Ordinary High
Water Mark of General Development Waters (Purgatory Creek.)
5. To determine whether proposed changes in the building constituting a non-
conforming use, located on the property may be completed.
The Board denied the request on July 25, 1985. On August 20, 1985 the City Council approved
the variances and necessary building permits to alter the structure. Through the process it was
determined the structure 7170 Bryant Lake Drive was a duplex, therefore, multiple family and up
to 16 residents were permitted. This came as an opinion from the State Attorney General.
A residential care program opened and operated until mid 1994.
The property has not been used as a licensed group home facility since mid 1994.
The property was on the real estate market in recent years.
4.
Conclusion:
The Board may wish to choose one of the following actions:
1. Find the staff conclusions, outlined in the memorandum dated February 13, 1998, do
support a case for abandonment of a non-conforming use. The Board may determine the
property at 7170 Bryant Lake Drive to be a single family nonconforming use.
2 Find the staff conclusions, outlined in the memorandum dated February 13, 1998, do not
support a case for abandonment of a non-conforming use. The Board may determine the
property at 7170 Bryant Lake Drive to be a muiti-family residential property based
upon the previous use.
G:\BARBVEAN\BOA\9S06SR.WPD
1
ROBERT I. LANG
ROGER A. PAULY
DAVID H. GREGERSON-
RlCHARD F. ROSOW
MARK 1. JOHNSON
JOSEPH A. NILAN'
TODD A. SATTLER
JENNIFER M. INZ
JERRY D. PERRON
JAMES W. DELAPLAIN
,. Also Admitted in Wisconsin
TO:
FROM:
DATE:
RE:
LANG, PAULY, GREGERSON & ROSOW, LTD.
ATTORNEYS AT LAW
FIRST BANK PLACE
1600 IBM PARK BUILDING
650 THIRD AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55402-4337
TELEPHONE: (612) 338-0755
FAX: (612) 349-6718
MEMORANDUM
City of Eden Prairie
Zoning Enforcement Staff
Roger A. Pauly
Richard F. Rosow
City Attorney
February 13, 1998
Solid Foundations, 7170 Flying Cloud Drive
EDEN PRAIRIE OFFICE
SUITE 370
250 PRAIRIE CENTER DRIVE
EDEN PRAIRIE, MINNESOTA 55344
TELEPHONE: (612) 829-7355
FAX: (612) 829-0713
REPLY TO MINNEAPOLIS OFFICE
Jennifer M. Coughlin has proposed operating a facility to be known as "Solid
Foundations" at the above address (the "property"). Solid Foundations operation on the property
would be a state licensed residential facility providing residential care and group home services
for 16 males.
BACKGROUND
The property is situated in the Rural District. City regulations limit the use of land in the
Rural District for residential purposes to single family detached dwellings and accessory
structures. However, City Code authorizes uses existing prior to adoption of a zoning regulation
to continue as lawful nonconforming uses. In 1985, the City Council determined that the
property had been used as a multiple dwelling prior to the adoption of an ordinance (a
predecessor to the present City Code) limiting the use of land in the Rural District for residential
purposes to single family dwellings and thus was a lawful "nonconforming use as a duplex
multiple dwelling, and as such, the use of the property is as a 'multifamily residential use ...
for purposes of zoning' as those terms are used in M.S. § 462.357, Subd. 8, and M.S. § 245.812,
Subd.4."
The current proposal to operate a state licensed residential facility was initiated in August,
1997.
Minnesota Statutes § 462.357, Subd. 8 provides in part as follows:
" ... in any ... municipal ... zoning regulation as authorized by
this subdivision, a state licensed residential facility serving from 7
through 16 persons ... shall be considered a permitted multifamily
residential use of property for purposes of zoning."
Although Minn. Stat. § 245.812 was repealed in 1987, similar language is found in Minn. Stat.
§ 245A.ll, Subd. 3.
ISSUES
It has been asserted that the property has lost its status and no longer qualifies for a
lawful nonconforming use as a multifamily residence because that use was abandoned.
DISCUSSION
City Code Section 11.75 provides in part that nonconforming uses may not be re-
established after they have been abandoned. The concept of termination of a lawful
nonconforming use by abandonment is one which is a generally accepted legal doctrine. In
general, a party claiming abandonment must prove two things. First, an intention to abandon and
secondly, an overt act or failure to act which implies that the owner does not claim or retain any
interest in the right to the nonconforming use. An intent to abandon can be shown by facts from
which an inference can be drawn that the user has voluntarily renounced the nonconforming use.
McQuillan, Municipal Corporations, § 25.l92; Anderson's American Law of Zoning, 4th ed. §
6.65; and 4 Rathkopf's, The Law of Zoning and Planning, § 51B.02. As is evident from a
reading of the authorities and cases relating to the issue of abandonment, there is no clear rule
or test by which it can be determined that an abandonment has occurred. Rather, each case
depends upon the surrounding facts and circumstances.
We have also reviewed the Minnesota Court of Appeals decision in County of Isanti v.
Peterson, 469 N.W.2d 467 (Minn. App. 1991) in which the Court of Appeals upheld a lower
court determination that nonconforming use of property for the purpose of storing houses was
discontinued and abandoned. In that case, the owner had stored houses on land prior to 1972
when a zoning ordinance was enacted which did not permit such use of the property. The lower
court concluded that the nonconforming use had been discontinued because no structures were
stored on the property from approximately 1972 to 1983 and that the use was abandoned. In its
decision, the Court of Appeals discussed and upheld the application of Minn. Stat. § 394.36,
Subd. 1 which provides in part that a nonconforming use terminates if it is "discontinued for a
period of more than one year." The statute is one of several (M.S. §§ 394.21 -394.37)
applicable to counties and those municipalities only which request that the county's zoning
regulations apply to the municipality. Although the case is illustrative of how a court might deal
with the current issue, the City is not governed by nor does it derive authority from those
sections. Rather, the City's authority with respect to planning and zoning is derived from the
Municipal Planning Act (M.S. §§ 462.351 -462.365). These statutes do not contain provisions
similar to M.S. § 394.36, Subd. 1, providing for termination of a nonconforming use if
discontinued for a period of more than one year.
-2-
It,
The Court of Appeals in County of Isanti also discussed the case of City of Minot v.
Fisher, 212 N.W.2d 837 (N.D. 1973) in support of a presumption of intent to abandon a
nonconforming use upon expiration of an applicable termination period. Similarly, as in Isanti,
the Minot zoning ordinance provided that discontinuance of a nonconforming use for a
continuous specified period (two years) requires that future uses be in conformity with the
regulations of the district.
The Case for Abandonment.
The evidence supporting the claim that a multifamily residential use of the property has
been abandoned is as follows: The Hennepin County Mental Health Division advised City staff
that the last check for the Welcome Home operation was issued in June, 1994 (mailed in July,
1994) and that no other payments to Welcome Home have been made since that time. No record
has been found at the city, county or state offices of any other licensed residential or out-patient
program to operate at the property after 1994. Use of the property as a group home or meeting
place as an out-patient facility for more than five clients would have required a license from the
Minnesota Department of Human Services. A City file opened on July 18, 1994 states that the
sign at the property is gone and no vehicles are on the property. Another file opened in
February, 1995 states that the Welcome Home program stopped in November, 1994.
Beginning about April, 1997, the property was listed for sale as "Single Family-Property."
The listing contains the following:
It also states:
"Six bedroom home with a beautiful setting on Nine Mile Creek.
Conveniently located closed to MCTa Park & Ride Lot, Eden
Prairie Center & several business parks."
"This home needs some remodeling and renovation."
The property has been occupied by a single person who pays rent to the owner since August 1,
1997.
The Case for Non-Abandonment.
The evidence supporting the claim that the nonconforming use of the property has not
been abandoned is as follows:
The owner states that after funding for the Welcome Home program ended, the principal
of Welcome Home occupied the property by holding meetings and maintaining the office phone
service and records. He also states that the property has been continuously maintained and he
has contracted for kitchen remodeling, replacement windows and some other work to meet state
fire codes. The owner states that he has never intended to abandon the nonconforming use of
the property and that he relied on the original approval from the City and on the continuing
approval as evidenced by the referrals of possible operators. He states that the current proposal
has been progressing through various channels and except for the time lag due to the government
approval process, resident clients would have inhabited the property several months ago.
-3-
11
The owner states that Mr. Just, who we understand was the principal of the Welcome
Home operation, approached him in 1995 about purchasing the property for continued use as a
group home. He obtained an appraisal as of August 14, 1995 by Aspen Appraisal Service, a
copy of which he has provided. The appraisal characterizes the property as a Special Use
property for group home purposes. Among other things, the appraisal notes that the house on
the property has a kitchen of institutional quality, has metal fire doors and certain handicapped
equipped facilities. The owner states that the sale to Mr. Just was not consummated.
Consequently, he listed the property for sale in January, 1996.
The listing by Luger Realty indicates that the property was listed for sale as Investment
Property. Included in the listing is the following:
"Special use group home in unique location, good freeway &
shopping center access. Unit is in good condition & ready for
occupancy, abundant staff space on main floor. Licensed for 16."
Brad Scheib, the representative of Luger Realty states that prior to the listing, he
investigated the use of the property as a group home after which Luger Realty entered into the
listing agreement. He states that in 1996, he contacted several group home providers, program
operators, foundations and government organizations in an attempt to obtain group home user.
He has provided the names of individuals and organizations which he contacted throughout 1996.
He states that throughout 1996 and into 1997 the classification of the property as an Investment
Property in the multiple listing service generated little interest in the property. He states that
through discussions with some group home providers, it was discovered that several agencies
were looking to the MLS for large single-family homes that could be converted to group homes.
When searching on the MLS, the property was not identified because it was classified as an
Investment Property, not a single-family property. He states that in discussing this with the
owner, it was decided to change the MLS classification from Investment Property to reflect
single-family classification in hopes of increasing market awareness. After the change in listing,
Mr. Scheib continued to contact group home providers and professionals in the group home
industry to further establish leads and he has provided documentation concerning these efforts.
He states that he had several discussions with a Bruce McManus of Re-Entry Services between
the months of March and August, 1997 when he terminated the listing agreement because he left
the real estate business. He states that Re-Entry Services was a licensed group home
organization. He also states that a Tom Braun inquired about temporarily renting the property
for a place of residence and that he informed Mr. Braun that he had a prospective client, Mr.
McManus, who showed a high level of interest in the property and that he would have to leave
upon its sale for group home use. He then put Mr. Braun in touch with the owner who has stated
that Mr. Braun is aware that his occupancy of the property is temporary and will continue only
until a group home use begins
City records reflect that on or about January 6, 1997, a request was made by one "Dave
Caster" of Stonebridge Group Homes concerning use of the property for emotionally disturbed
children. City files also indicate two inquiries concerning uses of the property for group homes
were received in July, 1997.
There is no bright line test indicating the circumstances under which a nonconforming use
-4-
,~
is abandoned. For example, it has been said that using property for a conforming use has been
held to indicate an intent to abandon. Rathkopfs, § 51B.02(4). Although a contrary result was
reached where the change was clearly temporary. Anderson, § 6.67, p. 689. On the other hand,
nonuse for a lengthy period of time has been held to be insufficient evidence to indicate an intent
to abandon. 4 Rathkopfs, § 51B.02(14) and cases cited including Burrough of Saddle River v.
Bobinski, 108 N.J. Super 6, 259 A.2d 727 (Ch. Div. 1969) holding that 27 years of nonuse did
not constitute abandonment of a nonconforming use. A lease or a sale for a use different from
the nonconforming use has been held to show an intent to abandon, while unsuccessful attempts
to rent or sell premises for the continuance of a nonconforming use show an intent to not
abandon the nonconforming use. 4A Williams, American Land Planning Law, § 115.11. A
period of inactivity between the departure of a lessee and the commencement of a new occupancy
has been held not to evidence an abandonment, Rathkopf, § 51B.02(5), as has nonuse because
of inability to find a tenant. 4 Rathkopfs, § 51B.02(5); Anderson, § 6.66, p. 685. See Magnon
v. Zoning Bd. of Appeals, Etc. Conn. 449 A.2d 148 (1982) (marketing property for
nonconforming use sustained finding of no discontinuance). Dobbs v. Board of Appeals of
Northhampton, 62 N.E.2d 32 (S. Ct. Mass. 1959) (attempts to rent); Derby Refining Co. v. City
of Chelsea, 555 N.E.2d 534 (S. Ct. Mass. 1990).
In attempting to predict how a court might rule, it is well to bear in mind that the burden
of proof of abandonment is on the party asserting it. Anderson, § 6.65, p. 683.
The context in which the issue of abandonment is raised also has a bearing on the
ultimate decision of a court. Appellate courts in Minnesota have shown a marked disposition to
favor the establishment of so called group homes. See, Costley v. Caromin House, Inc., 313
N.W.2d 21 (Sup. Ct. 1981) (In upholding a grant of a permit by the City of Two Harbors for a
group home, the court discussed the strong public policy of favoring such facilities for those
purposes); Northwest Residents v. City of Brooklyn Center, 352 N.W.2d 764 (Minn. App. 1984);
Good Neighbor Care Center v. City of Little Canada, 357 N.W.2d 159 (Minn. App. 1984).
However, a finding of abandonment of multifamily use does not preclude group home uses of
this property as group homes are allowed in single family districts.
CONCLUSION
The case for abandonment of the nonconforming use is based primarily upon three factors:
1. The non-use of the property since the middle of 1994 for a group home facility.
2. The listing of the property for sale as a single-family residence in April, 1997.
3. The rental of the property to a single person in August, 1997.
The lack of use as a group home, the listing of the property for sale as a single-family
residence and the rental to a single person evidence an intent on the part of the owner to abandon
the nonconforming multifamily residence use of the property. Continued efforts to market the
property for group home purposes after April, 1997 when it was listed for single-family purposes
and the explanation of Mr. Scheib that the listing as a single-family residence was done to attract
more interest from group home users, does not necessarily demonstrate a continued intent to
utilize the property for nonconforming use purposes. As stated above, group home uses are
-5-
allowed in single family residential districts. Likewise, the apparent understanding that Mr.
Scheib had with the single occupant of the property that it was the subject of an ongoing interest
by a potential buyer to be used for group home purposes does not negate a finding of
abandonment, as group home uses are allowed in single family residential districts. Similarly,
maintenance of the facility, its use for meetings, and maintaining an office phone does not
evidence an intent to continue to use the property for multifamily purposes. These actions are
not inconsistent with abandonment of the use of the property as a multifamily residence.
Although the answer to the issue raised is not absolute, it is our opinion that if presented
with the facts as now known it is more likely that a court would find that the use had been
abandoned.
rap\eplsolidlzonenf.119
-6-
().O
CITY COUNCIL AGENDA DATE:
SECTION: Reports of Officers / Reports of Councilmembers May 5,1998
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:
Human Resources and
Communication Services Report on City Managers Appointment XI. A. 1.
Requested Action:
• Receive Report of Councilmembers Thorfinnson and Case recommending terms and conditions of
employment for appointment of Chris Enger to City Manager effective August 1, 1998.
• Authorize the Mayor to execute the Letter of Understanding at this time.
Background:
At the March 17, 1998 City Council meeting the Mayor directed Councilmembers Thorfinnson and Case
to develop and recommend a City Manager Salary and Benefit package for City Manager Appointee Chris
Enger and to report their recommendations at the May 5th City Council meeting.
Their findings and recommendations were reviewed by the City Attorney and are included in the Council
Packet.
h:\hr\council\98info\98a-may.wpd\brnm Rev 4/30/98 J
05/01/98 FRI 11:17 FAX 6123496718 FAX LC7000
LETTER OF UNDERSTANDING
Christopher M. Enger
T.HIS LETTER OF UNDERSTANDING (hereinafter "Agreement") is made this __ _
day of 1998 between the City of Eden Prairie, herein called "City," and Christopher
M. Enger, herein called "Enger" .
THE CITY COUNCIL OF THE CITY ("COUNCIL") appoints Enger to the position of
City Manager. and Enger hereby accepts upon the terms herein provided:
IT IS AGREED as follows:
1. POSITION
The Council appoints and employs Enger as the City's Manager
and Enger accepts appointment and employment as the City's
Manager commencing 1998.
2. SALARY
City shall pay Enger an annual base salary of one-hundred threc-
thousand one-hundred dollars ($103,100) in instaUments payable at
the same time as other City employees are paid.
Annually, in January, when the salaries of other City employees are
adjusted based on the City's Employee Pay Equity Salary
Guideline, the salary and benefits of Enger shal1 be reviewed and
adjusted as the Council deems appropriate.
3. PERFORMANCE REVIEW
The Council wiU conduct an annual performance evaluation of
Enger by February 28. In conjunction with the annual review,
Enger will be considered for a lump sum merit pay award within
a range of zero to 3.5 percent of his base salary as may be
detennined by the Council. Merit pay awarded shall be paid as
Soon as reasonable after the award.
4. CITY PLANS
Enger will be entitled to fully participate in the benefit plans the
City maintains for it's employee's, with the modifications outlined
below.
a. AutomObile
Enger will be paid a car allowance of six hundred
fifty dollars ($650) per month to compensate him
for use of his personal vehicle for City business
within the seven (7) county metropolitan area. If
I4l 002
05/01/98 FRI 11:17 FAX 6123496718 FAX LC7000
Enger uses his own automobile for City business
outsjde the area, City shall reimburse him on a
mileage basis at the same rate applicable to other
City employees.
b. Personal Leave
Enger win be granted personal leave based upon
current policy for all City Employees. In addition,
Enger will have the option of receiving cash
payments in lieu of up to tht-ee (3) weeks personal
leave each year. Cash payments, in lieu of personal
leave. shall be determined in accordance with City's
usual and customary methods. Enger may exercise
this option only during the 3rd quarter of the City's
fiscal year.
c. Health Insurance
City will pay for the full cost of health insurance for
Enger and his dependents. He shall have the choice
of plans as from time-to-time may be offered by the
City.
d. Life Insurance
City will pay the premiums for a $500,000 tenn life
insurance policy on the life of Enger. but only in the
event and so, long as he shall be insurable at the
standard rates (without adjustment for a medical
condition of Enger) of the insurer. The policy shall
be payable to the beneficiary or beneficiaries
selected by Enger.
e. General Expenses
City recognizes that certain reasonable expenses of
a non-personal and generally job-affiliated nature
may be incurred by Enger, and therefore City will
reimburse or pay those reasonable e~penses, subject
to Council approval.
5. DUES AND SUBSCRIPTIONS
City will pay the professional dues and subscriptions for Enger·s
full participation in national. regional, state. and local associations
necessary and desirable for his continued professional participation,
growth, and advancement, and for the good of the City.
-2-
[lJ003
05/01/98 FRI 11:18 FAX 6123496718 FAX LC7000
6. PROFESSIONAL DEVELOPMENT
City will pay the travel and subsistence expenses for professional
and official travel, meetings. and occasions to continue the
professional development of Enger and to pursue necessary official
and other functions for the City including, but not limited to, the
lCMA Conference, League of Minnesota Cities, the Association of
Metropolitan Municipalities, National League of Cities and other
such organization of which Enger serves as a member.
City will also pay for the travel and subsistence expenses for short
courses or seminars that are necessary for Enger' profeSSional
growth and for the good of the City.
7. CIVIC CLUB MEMBERSHIP
City recognizes the desirability of representation in and before local
ci vic and other organizations deemed appropriate by Enger and the
CounciL City will pay for appropriate memberships.
8. RETIREMENT PLAN
Enger, at his option, may participate as allowed by law in the
ICMA Retirement Corporation Plan or Public Employees
Retirement Association Plan ("PERA"). City shall contribute to
either Plan that amount required by the State as the employer's
contribution to PERA.
9. TERMINATION AND SEVERANCE PAY
In the event Enger's appointment as Manager is terminated by the
Council. City will pay (a) Enger a lump sum cash ("severance
payment") equal to six (6) months aggregate base salary (b)
continue to fully pay for Enger's health and life Insurance coverage
for six (6) months ("health and life insurance payments") and (c)
pay his unused personal and sick leave accrued as of the date of
termination detennined and in accordance with the provisions of
the City's personnel policies and programs. ("personal and sick
leave payments·').
In the event of Enger's termination because of (a) disability
preventing him from substantial performance of his duties as
Manager (b) death or (c) conviction of a felony City will have no
obligation to pay the severance payment, or the health and life
insurance payments. In the event Enger resigns as Manager. unless
otherwise agreed by the parties, City will have no obligation to pay
the severance payment or the. health and life insurance payments.
-3-
ttJ 664
05/01/98 FRI 12:48 FAX 6123496718 FAX LC7000
In the event Enger desires to resign as Manager, he shall give
written notice to the Mayor stating the effective date of the
resignation. The notice shall be given at least forty-five (45)
calendar days before the effective date of resignation. The
Coun,cil, with Enger's consent, may shorten or waive the forty-five
(45) day requirement.
10. CONSULTING AGREEMENT
Except as provided hereafter, in the event Enger's appointment as
Manager is tenninated by the Council. he shall be engaged to
provide consulting services to City for a period of six (6) months
("consulting services period"). Consulting services shall include
but not be limited to the rendering of advice and assistance to the
Mayor, Council, and City's staff relating to all duties of a City
Manager. He shall be available for such services during regular
business hours Monday through Friday. For each, month of
consulting services rendered. Enger will be paid one-twelfth of his
then current annual base salary ("consulting payment(s)").
In the event of Enger's tennination because of (a) disability
preventing him from substantial perfonnance of his duties as
Manager (b) death or (c) conviction of a felony City will have no
obligation to pay the consulting payment(s). In the event Enger
resigns as Manager, unless otherwise agreed by the parties, City
will have no obligation to pay the consulting payment(s).
In the event Enger dies. is convicted of a felony or is disabled
during the consulting service period so as to prevent him from
substantially perfonning the consulting services, City will not be
obligated to pay the consulting paymen1(s) after death or conviction
or from and during the period of the disability.
11. OUTSIDE EMPLOYMENT
Enger may pursue outside business and consulting opportunities as
long as they do not detract from his ability to .fulfill the
requirements and expectations of the position of Manager or result
in a conflict of interest or perception of a conflict of interest.
Enger will be responsible for keeping the Council apprised of his
activities.
-4-
~002
05/01/98 FRI 11:18 FAX 6123496718 FAX LC7000
12. OTHER TERMS AND CONDITIONS
All personnel policies resolutions and procedures of City shall
apply to Enger as they would to other City employees. Except as
otherwise provided herein or by law this Agreement shall constitute
the entire agreement between City and Enger.
13. GENERAL PROVISIONS
Nothing in this Agreement prevents, limits, or otherwise interferes
with the right of the Council to terminate the appointment of Enger
as Manager at any time, for any reason, subject only to the
provisions of this Agreement and law. Nothing in this Agreement
prevents, limits, or otherwise interferes with the right of Enger to
resign at any time as Manager. for any reason, subject only to the
provisions of this Agreement and law.
If any provision, or provisions contained in this Agreement is or
are held to be unconstitutional, invalid, or unenforceable, the
remainder of this Agreement shall not be affected, and shall remain
in full force and effect.
By its approval the Council has authorized the Mayor to execute
this Agreement on behalf of the City.
Jean L. Harris, Mayor Date
Christopher M. Enger Date
-5-
@oos
DATE: 05/05/98
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO:
SECTION: Director of Public Works
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Award Contract for I.C. 98-5462
Mary Krause 2" Mill and Bituminous Overlay
Recommended Action:
Award Contract for I.C. 98-5462, 2" Bituminous Mill and Overlay to Valley Paving, Inc. in the
amount of $206,140.00 as the lowest qualified bidder. A condition of the award is that Valley
Paving agrees to haul and dispose of the excess millings.
Overview:
Five bids were received as shown in the bid summary:
Valley Paving, Inc.
Midwest Asphalt
Hardrives, Inc.
C.S. McCrossan
Mueller & Sons
Fmancial Issues:
$206,140
$210,730
$217,900
$223,900
$228,550
The budget amount for the milling and overlay is $215,000.00. The scope of the project will
be adjusted to utilize the full budgeted amount.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 98-5462 -2" Bituminous Overlays
bids were received, opened and tabulated according to law. Those bids received are shown on
the attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of Contract to
VALLEY PAVING, INC.
as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract
with Valley Paving, Inc. in the name of the City of Eden Prairie in the amount of
$206,140.00 in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on May 5, 1998.
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. Uram, City Clerk
DATE: 05/05/98
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO:
SECTION: Director of Public Works
DEPARTMENT:
Public Works
Eugene A. Dietz
Requested Action:
ITEM DESCRIPTION: I.C. 97-5447
Award Contract for Temporary Traffic Signal System at CSAH 39 (Valley
View Road) and Plaza DriveITopview Road
==-====-=------=--==~
Approve resolution awarding contract for temporary signal system at CSAH 39 (Valley View
Road) and Plaza Drive/Topview Road to Ridgedale Electric, Inc.
Overview:
Hennepin County recently performed a signal analysis at this intersection. The results of that
analysis indicated that this intersection met four signal warrants and had a County priority factor
of 55 (County policy requires a priority factor of 30 or more before they allow a signal to be
installed) .
Primary Issues:
This signal is very important in providing access to the businesses along Plaza Drive. It will
become even more important after TH 5 traffic gets relocated onto Plaza Drive and this
intersection (Valley View Road and Plaza Drive) becomes the only access for Plaza Drive
businesses. The schedule for that major TH 5 traffic switch onto Plaza Drive is near the end
of June.
Fmancial Issues:
The bids are summarized on the attached letter from Westwood Professional Services, Inc. The
low bid was received from Ridgedale Electric, Inc. in the amount of $76,000, which is
approximately 9% above the engineer's estimate of $70,000. The project is proposed to be
financed by the TIF fund and we will receive a 75 % credit from Hennepin County once a
permanent system is installed. The total project cost (including engineering and MnDOT
supplied equipment) is approximately $108,000. With a bid higher than estimated, re-bidding
the project would normally be an option. However, in order to remain on schedule and have
this signal operational by the end of June, we would recommend awarding the contract to
Ridgedale Electric, Inc. in the amount of $76,000.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 97-5447 -Temporary Traffic Signal System at CSAH 39 (Valley View Road)
and Plaza Drive/Topview Road
bids were received, opened and tabulated according to law. Those bids received are shown on
the attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of Contract to
RIDGEDALE ELECTRIC, INC.
as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract
with Ridgedale Electric, Inc. in the name of the City of Eden Prairie in the amount of
$76,000.00 in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on May 5, 1998.
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. U raIn, City Clerk
Westwood Professional Services, Inc.
April 30, 1998
Mr. Rodney W. Rue, P.E.
Assistant City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE: Award of Contract
Temporary Traffic Control Signal System
Valley View Road (C.S.A.H. 39) and Plaza DrivelTopview Road
City Project No. I. C. 97-5447
Dear Mr. Rue:
7599 Anagram Drive
Eden Prairie. MN 55344
Phone: 612·937-5150
Fax: 612-937-5822
Toll Free: 1-888-937-5150
Email: wps@westwoodps.com
On April 30, 1998, at 10:00 a.m., four bids were received and opened for the above referenced
project. We have reviewed the bids submitted to the City of Eden Prairie and determined that
Ridgedale Electric, Inc. has submitted the lowest responsible bid.
The following summary is provided:
Engineer's Estimate
Ridgedale Electric, Inc
Egan McKay, Inc.
Killmer Electric Co., Inc.
Electrical Installation & Maintenance Co.
$70,000.00
$76,000.00
$76,382.00
$76,550.00
$84,771.00
The Ridgedale Electric, Inc. bid is approximately 8_6% above the Engineer's Estimate for the
project.
We recommend that the City award the project to Ridgedale Electric, Inc. in accordance with
their proposal form.
Respectfully submitted,
WESTWOOD PROFESSIONAL SERVICES, INC.
Me-v< s. Kk~'t"1
Allan S. Klugman, P. E.
Principal Transportation Engineer
Designing the Future Today ... since 1972