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HomeMy WebLinkAboutCity Council - 04/15/1997, CITY COUNCIUSTAFF WORKSHOP ON STREET INTERCONNECTIONS TUESDAY, APRIL 15,1997 6:30 PM, CITY CENTER Heritage Room IV COUNCILMEMBERS: . Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director, Director of Public Works Gene Dietz, City Engineer AI Gray, Chief of Police Jim Clark, Street Division Foreman Tom Tesch, Street Division Larry Dolg, Assistant Fire Chief Chuck Schaitberger, and Council Recorder r I. CALL MEETING TO ORDER II. DISCUSSION ON STREET INTERCONNECTIONS III. OTHER BUSINESS IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 15, 1997 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. Jullle, 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 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIUSTAFF WORKSHOP ON PRIORITY USE OF CITY FACILITIES HELD TUESDAY, APRIL 1,1997 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 1, 1997 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIE GREEN MINI-STORAGE by Four S. Properties, Inc. 2nd Reading of an Ordinance for Zoning District Amendment in the 1-2 Park District on 4.96 acres, Adoption of a Resolution for Site Plan Review on 4.96 acres and Approval of a Developer's Agreement for Prairie Green Mini-Storage. Location: County Road 4, south of Terrey Pine Court. (Ordinance for Zoning District Amendment and Resolution for Site Plan Review) City Council Agenda Tuesday, April 15, 1997 Page Two C. CENTRON DPL by Centron DPL. 2nd Reading of an Ordinance for PUD District Review and Zoning District Amendment in the 1-2 Zoning District on 5.2 acres, Adoption of a Resolution for Site Plan Review on 5.2 acres and Approval of a Developer's Agreement for Centron DPL. Location: City West Parkway. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) D. EDENVALE CROSSING BUSINESS CENTER by CSM Corporation. 2nd Reading of an Ordinance for PUD District Review on 12.7 acres and Zoning District Change from Rural to Office on 2.9 acres, Adoption of a Resolution for Site Plan Review on 12.7 acres and Approval of a Developer's Agreement for Edenvale Crossing Business Center. Location: South and east of Anagram Drive. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) E. ARBOR DAY PROCLAMATION F. APPROVE COMMUNITY CENTER ICE ARENA RENOVATIONS MIGHTY DUCKS PROJECT BID PROPOSAL G. RESOLUTION AWARDING CONTRACT FOR 2 INCH BITUMINOUS OVERLAY. I.C. 97-5437 H. RESOLUTION AWARDING CONTRACT FOR STREET STRIPING. I.C. 97-5434 I. RESOLUTION APPROVING FINAL PLAT OF PRAIRIE GREEN (located at the southeast corner of County Road 4 and Terrey Pine Drive) J. RESOLUTION APPROVING FINAL PLAT FOR EDENVALE CROSSING BUSINESS CENTER (located at the southeast corner of Anagram Drive and Valley View Road) K. RESOLUTION APPROVING FINAL PLAT FOR HILLS OF EDEN PRAIRIE (located west of Bryant Lake Drive. adjacent to Wooddale Church) City Council Agenda Tuesday, April 15, 1997 Page Three L. RESOLUTION APPROVING FINAL PLAT FOR MITCHELL VILLAGE 2ND ADDITION (located north of Anderson Lakes Parkway and east of Mitchell Road) M. RESOLUTION APPROVING FINAL PLAT FOR BEARPATH TOWN HOMES 4TH ADDITION (located east of Lake Riley road and north of Pioneer Trail) N. RESOLUTION APPROVING AGREEMENT WITH MnDOT FOR LEASE OF PROPERTY AT 7920 WALLACE ROAD CW. Gordon Smith Oil Building) V. PUBLIC HEARINGS/MEETINGS A. TOWN PLACE CENTRE by CSM Lodging, LLC. Request for Rezoning from R 1-22 and Public to C-Regional Service on 10.59 acres, Site Plan Review on 10.59 acres, PUD Concept Review on 10.59 acres, PUD District Review on 10.59 acres and Preliminary Plat of 10.59 acres into 4 lots and 1 outlot. Location: Highway 169, Leona Road, Highway 494, Prairie Center Drive (Ordinance for Rezoning and PUD District Review, Resolution for PUD Concept Review and Resolution for Preliminary Plat) B. MTS EXPANSION by MTS. Request for Site Plan Review on 36.8 acres. Location: Highway 5. (Resolution for Site Plan Review) C. TRANSPORTATION ELEMENT OF THE COMPREHENSIVE MUNICIPAL PLAN (Resolution) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST FROM AMERICAN PORTABLE TELECOM (APT) TO INSTALL ANTENNA EQUIPMENT ON HIDDEN PONDS WATER TOWER City Council Agenda Tuesday, April 15, 1997 Page Four B. REQUEST FROM THE MINNESOTA WOMEN OF TODAY (Connie McDonald, President of Richfield Women of Today) IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Trail Priority Ranking for 1997 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 -----------------------~--------- Jj[fI UNAPPROYED MINUTES CITY COUNCIL/STAFF WORKSHOP MEETING TUESDAY, APRIL 1, 1997 COUNCILMEMBERS: CITY STAFF: ROLLCALL Councilmember Thorfinnson was absent. 6:30 PM, HERITAGE ROOM II 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher-Y ounghans, Ronald Case, Ross Thonmnson, Jr. and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Council Recorder Jan Nelson I. CALL TO ORDER -MAYOR HARRIS Mayor Harris called the meeting to order at 6:45 p.m. ll. DISCUSSION ON PROPOSED POllCY ON PRIORITY USE OF CITY FACILITIES Lambert reviewed the Staff Memorandum of March 20, 1997 that Staff prepared in response to the Council's request for additional information and research on the draft policy presented to the Council on March 18th. He said they were looking for a simple formula with a minimum residency requirement of 50 % and they came up with the proposed quotient number system. Lambert said they haven't set the non-resident fees, but representatives of the athletic associations have indicated they want them to be nominal. They don't want to make it prohibitive, but they do understand the rationale for setting one. He said the fees would not be set until January 1998, and we might want to discuss them at budget review time when they will appear as a line item in the budget. Case thought making the non-resident fee a nominal amount defeats the disincentive fee concept for fees. He had a problem with the associations just spreading the non-resident fees over all the players. He wondered why we don't control it. Lambert thought we have to be very careful about controls on the associations. We would have to be prepared to spend a lot of staff time enforcing the controls, and the more controls we put on them, the more liability we have. Case said he didn't see much difference between our saying they must have a democratically elected leadership and saying they must differentiate between residents and CITY COUNCIL/STAFF WORKSHOP MINUTES April 1, 1997 Page 2 non-residents in their fee structure. He thought we won't accomplish the third objective of having the individual non-resident feel the pain of a non-resident fee if the groups spread the cost. Harris thought we are trying to set broad policies for operation and not micromanaging. She thought the non-resident fee is a surcharge on those clubs that have non-residents who use our fields. Lambert said the associations aren't recruiting non-residents. We have Chanhassen kids who come here to play football, but in return they have provided the fields for play so we haven't charged them extra. We would base the cost on the amount required for maintenance for the season divided by the number of kids in the program. Lambert said we also need to set the dates at which we determine if the residency requirements have been met. We don't know those right now but our staff will sit down with representatives of each sport to determine what would be a reasonable date based on their registration procedures. Tyra-Lukens asked if it would be based on the current year enrollment. Lambert said it would be the enrollment for their next season. Case asked if 51 % is the minimum percentage of residents. Enger said we only wanted to make sure that Eden Prairie kids are taken care of. The priority system really penalizes those groups with non-Eden Prairie residents. Lambert noted that 95 % is still the number for everything except swimming. Case asked if that means the formula is only for the swim team. Lambert said that is true, but the Figure Skating Club would be similar to the swim team. Harris asked what other groups might fall into this kind of category and should we not use the same type of formula for them. Lambert said the only reason it makes sense to have something with less than 95 % would be where they are paying large amounts for use of the facility like swimming and skating. He noted the Figure Skating Club did not send a representative to any of the meetings. Harris asked how we should treat them. Lambert said at this point the policy should say 95% for all clubs except swimming. We would then make someone prove their case before we would change the rules. Case asked how we are leaving the exceptions for other sports. Lambert said when we did the expansion to two seasons for soccer we agreed that football would have priority in the fall and soccer in the spring; however, football will never have as many kids participating as soccer. By these rules soccer could bump football at some point. Case noted that a new club such as lacrosse could bump both if they had the numbers, and the Figure Skating Club could bump hockey. Lambert said if we didn't use common sense, hockey could bump figure skating now; however, we have agreed that we would provide time for figure skating on an equitable basis. We would have to do the same with fall and spring soccer and football. Tyra-Lukens said the second season issue brings up the problem that fields need time to be restored, and she thought the second season users should pay the direct costs of using CITY COUNCIL/STAFF WORKSHOP MINUTES April 1, 1997 Page 3 the fields. She asked if we need to take a stronger role in what times of the year those fields can be used. Lambert said, as part of this policy, we told them we cannot allow them to use the fields until May 1, as of 1998 when the rules take effect. He thought staff needs to be very aggressive about designating certain fields as off limits each year. There will be at least one or two more years that we will not be able to use the fields at the High School, so we probably won't be able to keep fields off limits until then. Case thought the associations have a lot of flexibility now, and we could set parameters that would guide their decision making. He thought the kids ought to be enjoying the game especially at the early ages. Lambert said the Soccer Association came to the Parks Commission last year to say they were going to have teams for five-year-olds. Commissioner Brown commented at the meeting that the Association complains about over use of the fields yet they want to add another age group that will put more wear on the fields. Lambert noted this policy will require the associations to make their financial statements available and readable. Harris asked what the Councilmembers felt about the grandfathering recommendation. The consensus was to go with the staff recommendation. Tyra-Lukens asked why we are concerned about the direct costs for a second season and not the first season. Lambert said the idea was to make sure kids have a chance to participate, but if you want to play two seasons then they should have to pay. ill. OrnER BUSINESS IV. ADJOURNMENT Mayor Harris adjourned the meeting at 7:25 p.m. TUESDAY, APRIL 1, 1997 CITY COUNCIL: UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher- Y ounghans, Ronald Case, Ross Thonmnson, Jr., and Nancy Tyra-Lukens 1llf3 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 Ric Rosow, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLLCALL Councilmember Thorfinnson arrived late. I. APPROVAL OF AGENDA AND OrnER ITEMS OF BUSINESS Jullie added item IV.N. PRESERVE VILLAGE CENTER RENOVATION 1997. Case added item XI.A.l. Report on Proposed Tower. ll. OPEN PODIUM m. MINUTES A. .JOINT CITY COUNCIL/PLANNING COMMISSION & BOARD OF AD.WSTMENTS & APPEALS MEETING HELD TUESDAY, MARCH 18, ~ MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the Joint City Council/Planning Commission & Board of Adjustments & Appeals Meeting held Tuesday, March 18, 1997, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 18, 1997 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Meeting held Tuesday, March 18, 1997, as published. Motion carried 4-0. J CITY COUNCIL MINUTES April I, 1997 Page 2 IV. CONSENT CALENDAR A. B. C. D. E. F. G. H. I. J. K. L. CLERK'S LICENSE LIST APPROVE CHANGE ORDER #1 FOR EDEN PRAmIE LIQlJOR STORE CONSTRUCTION RESOLUTION 97-53 APPROvING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT OF BIDS FOR SUNNYBROOK ROAD IMPROVEMENTS, I.C. 94-5363 EASEMENT AGREEMENT FOR WATERMAIN PURPOSES BETWEEN N.W.B.C. ASSOCIATES AND THE CITY ACROSS WT 2, BWCK 1, LePARC RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR AMERICAN LUTHERAN CHURCH 2ND ADDITION APPROVE PROFESSIONAL SERVICES CONTRACT WITH MONTGOMERY WATSONIPETERSON ENVIRONMENTAL FOR WETLAND PROTECTION AND MANAGEMENT PLAN AND DRAINAGE PLAN upDATE RESOLUTION 97-54 AWARDING CONTRACT FOR LIME RESIDUAL REMOVAL, I.C. 97-5435 RESOLUTION 97-55 AWARDING CONTRACT FOR HIDDEN PONDS EXTERIOR TANK PAINTING, I.C. 97-5430 RESOLUTION 97-56 APPROvING TRANSFER OF PRESERVE VILLAGE SHOPPING CENTER ALBIN CHAPEL by Albin Chapel. 2nd Reading of Ordinance 12-97-PUD-6- 97 for PUD District Review on 2.56 acres and Zoning District Amendment in the Office Zoning District on 2.56 acres, Adoption of Resolution 97-57 for Site Plan Review on 2.56 acres and Approval of a Developer's Agreement for Albin Chapel property. Location: Rowland Road and Old Shady Oak Road. (Ordinance 12-97-PUD-6-97 for Rezoning and Resolution 97-57 for Site Plan Review) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EDEN PRAIRIE AND THE SCHOOL DISTRICT RESOLUTION 97-58, RESOLUTION 97-59 AND RESOLUTION 97-60 AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATIONS REFUNDING BONDS, SERIES 1997A, SERIES 1997», AND SERIFS 1997C CITY COUNCIL MINUTES April 1, 1997 Page 3 M. RILEY CREEK RIDGE by Hustad Land Company. 2nd Reading of Ordinance 13-97-PUD-7-97 for PUD District Review on 62.77 acres and Rezoning from Rural to Rl-9.5 and Rl-13.5 on 62.77 acres and Approval of a Developer's Agreement for Riley Creek Ridge. Location: South of Pioneer Trail, west of Eden Prairie Road (Ordinance 13-97-pud-7-97 for PUD District Review and Rezoning) N. PRESERVE VILLAGE CENTER RENOVATION 1997 by Jerry's Enterprises, Inc. 2nd Reading of Ordinance 14-97-PUD-8-97 for PUD District Review on 9.46 acres and Zoning District Amendment within the C-COM Zoning District on 9.46 acres and Adoption of Resolution 97-61 for Site Plan Review on 9.46 acres. MOTION: Tyra-Lukens moved, seconded by Case, to adopt items A-N of the Consent Calendar. Motion carried 4-0. v. PUBLIC HEARINGSIMEETINGS A. EXTENDED STAY AMERICA by Extended Stay America. Request for Planned Unit Development Concept Review on 18 acres, Planned Unit Development District Review on 3.63 acres, Rezoning from Rural to Commercial Regional Service on 3.63 acres, Site Plan Review on 3.63 acres, and Preliminary Plat of 3.63 acres into one lot. Location: Valley View Road West of Market Place Drive. (Resolution 97-62 for PUD Concept Review, Ordinance for PUD District Review and Rezoning, and Resolution 97-63 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on March 20, 1997 in the Eden Prairie News and mailed to 20 property owners. The site plan for this proposal includes a 45,822 square foot three-story building accommodating 104 hotel units. The units have standard features and a kitchenette for longer stays. Jennifer Posma, representing Extended Stay America, said they agree with the recommendations of the staff report. Enger said the Planning Commission unanimously recommended approval of this project at its meeting on March 10, 1997, subject to the recommendations of the Staff Report of March 7, 1997. The approval request includes a front yard setback waiver from 35 feet to 20 feet to accommodate MnDOT's street frontage. The proposal was not reviewed by the Parks, Recreation & Natural Resources Commission. Regarding the NURP pond, Case asked if we ever require new developments to take on responsibility for additional area as well as handling their own property. CITY COUNCIL MINUTES April 1, 1997 Page 4 Al Gray, Senior Engineer, said this pond is designed to handle this site, as well as one to the east and one to the north that are not developed. It is sized to serve those sites in a developed condition. Tyra-Lukens asked about the definition of an outlot, noting that these were two outlots that are being replatted into one large area. Enger said the definition of lot or outlot doesn't really make a difference, and outlots can still be developed. This is a replatting of two outlots. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case to close the Public Hearing; to adopt Resolution 97-62 for PUD Concept Review on 18 acres; to approve 1st Reading of the Ordinance for PUD District Review and Rezoning from Commercial Regional Service on 3.63 acres with a waiver from 35 feet to 20 feet for front yard setback to MnDOT right-of-way; to adopt Resolution 97- 63 for Preliminary Plat approval of 7 acres into 1 lot and 2 outlots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. B. UNITED HEALTHCARE by United Healthcare. Request for Comprehensive Guide Plan Change from Industrial to Office on 10.4 acres, Planned Unit Development Concept Review on 17.4 acres, Planned Unit Development District Review on 10.4 acres, Rezoning from Industrial to Office on 10.4 acres, Site Plan Review on 10.4 acres. Location: Southeast corner of Prairie Center Drive and Technology Drive. (Resolution 97-64 for Comprehensive Guide Plan Change, Resolution 97-65 for PUD Concept Review, Ordinance for PUD District Review and Rezoning) Jullie said the official notice of this Public Hearing was published on March 20, 1997 in the Eden Prairie News and mailed to 6 property owners. This request involves the conversion of the former Dataserv site at the corner of Prairie Center Drive and Technology Drive to a 100% per cent office use of the building by United Healthcare. A two level, 135,000 square foot parking deck, is also proposed at the northwest corner of the site. It will be constructed of brick and glass, meeting office district standards. Larry King, representing United Healthcare, said they are requesting 100% use for office occupancy. Enger said the Planning Commission reviewed the proposal at its March 10, 1997 meeting and recommended approval on a 5-0 vote, subject to the recommendations of the Staff Report of March 7, 1997. He said the major issues on this request regarding parking and traffic are addressed in the staff report. A change to the Guide Plan is required, and the property will have to be rezoned because it was originally guided as office and Opus changed it to the CITY COUNCIL MINUTES April 1, 1997 Page 5 current industrial designation and industrial zoning. They have expanded the parking on the site with a proposed parking deck. The project was not reviewed by the Parks Commission. There were no comments from the audience. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 97-64 for Comprehensive Guide Plan Change from Industrial to Office on 10.4 acres; to adopt Resolution 97-65 for PUD Concept Review on 17.4 acres; to approve 1st Reading of the Ordinance for PUD District Review and Rezoning from Industrial to Office on 10.4 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. C. CODE CHANGE -TOWERS AND ANTENNAS by City of Eden Prairie. Request for code change to amend the City Code, Section 11.03, Subdivision 6. Site Plan and Architectural Review, Section 11.02 Definitions, and adding a new Section 11.06 Towers and Antennae. The proposed code changes cover regulations for the placement and height of new towers and antennae. (Ordinance for Amendment to Chapter 11 for Telecommunications) Jullie said the official notice of this Public Hearing was published on March 20, 1997 in the Eden Prairie News. This Ordinance change will amend Chapter 11 of our Zoning Code and provide regulations for the placement and height of towers and antennas for telecommunications purposes. The City's Telecommunications Task Force drafted the proposed Ordinance. Jean Johnson, Zoning Administrator, reviewed the details of the proposed ordinance. She said the Planning Commission recommended approval on a vote of 4-0-1 at its meeting on March 24, 1997. The existing code has permitted 55- 65 foot high towers, and towers higher than that have had to go through a variance request. The Task Force reviewed our code, the codes from other communities, and the telecommunications act. Some of the Task Force meetings were opened to representatives of the industry. They also met with them separately to see what their needs would be. Case asked if there was any provision for a Public Hearing process to review an application for a tower so that neighbors could have input to the request. Johnson said, if the application is within the code height, it would be done through a building permit. If the request is for a higher tower, then there would be a variance request and a Public Hearing. Case then asked the City Attorney if he saw anything that would be perceived of as not legal to require even a tower that would meet code guidelines to go through a Public Hearing process. Rosow said there could be a different setup in the ordinance so that they were granted on a conditional use permit. The CITY COUNCIL MINUTES April 1, 1997 Page 6 Council would have to grant the conditional use permit, and there would then be a use for a Public Hearing. If it is left as it is and someone comes in with an application that meets the requirements of the ordinance, there is no purpose for a Public Hearing. Case asked if we would have to change to the conditional use permit in the ordinance. Rosow said there would be a list of criteria to look at for each tower, and if they meet those criteria, after a Public Hearing there would be a permit. Harris asked if, under the current code, no Public Hearing would be required if the application met the ordinance. Rosow said that was correct. Case was concerned about towers appearing in someone's backyard without their having an opportunity to discuss it. Harris thought it would be very difficult to put a tower in a residential area. Case noted we now have a problem with the Chanhassen tower that is on land that backs up to Eden Prairie residential land. He thought we may need a notification process rather than a hearing process. Johnson said for the last 10-15 years we have had several towers go up in the City, primarily along Highway 5 and in the industrial districts. If the application met the ordinance, it would be very difficult to deny the request. Gray noted part of the foundation for this was a recognition that the federal government has said these telecommunication systems can exist and our ability to regulate them is limited. By setting standards we can work within, we are working with a reasonable authority in terms of managing implementation of the towers in the community. Case asked if we have a proposed communication process to deal with these applications. Jullie thought we have a heightened sensitivity to this issue after dealing with the Chanhassen situation. We may want to send the proposed amendment back to the Task Force to see what process we would use if we chose a park location or other public property as a suitable location. We would notify residents if we do park planning, but we would need to set up a process for this. We might want the same process for review of a tower proposed within 1000 feet of a residential neighborhood. Butcher -Y ounghans asked if the providers have a need assessment so that we could project the number of towers that might go into the City in the next few years. Johnson said they met with three of the providers and looked at their 1997 and 1998 needs. They will probably need about 6-8 new towers, and they are planned along Highway 5 and near the Crosstown. Tyra-Lukens asked if there is something in the ordinance regarding the removal ~ CITY COUNCn.., MINUTES April 1, 1997 Page 7 of towers when they have become obsolete. Johnson said there is none. Tyra- Lukens thought we might need to be concerned about that situation. Johnson agreed, particularly in terms of an abandoned tower. Peter Beck, representing AT&T Wireless, reviewed how the cellular system works, noting that each site can handle only a limited number of signals. They will locate towers on existing sites whenever possible. A 75-foot tower is the minimum height required. Their biggest concerns with this ordinance are that it does not allow them to go into the rural and residential districts except on public property, and the 4: 1 setback from the zoning district line. This will cause a severe problem making service available throughout Eden Prairie. He said they might be able to adjust if they were able to request a conditional use permit for something that doesn't comply with the ordinance. He was also concerned about the 2: 1 setback from any lot line. Harris asked what is the minimum space for the antenna. Beck said they need 20-35 feet of vertical separation. Case asked what is the minimum tower height for the F .A.A. Johnson said it varies with the topography where the tower is located, but around here would be about 200 feet. Case asked if there was any discussion about requirements to have a flashing light on the towers. Johnson said there is an item in the code that requires F.A.A. approval, but we would have no input in the process. Case then asked what would be the problem if we were to omit the 2: 1 requirement in an industrial-zoned area. Jullie said some of the lots in the industrial zone aren't really that large and we could have a neighbor object to something on top of a building. We wanted to have some separation so the facility doesn't 100m over another property. Tyra-Lukens asked about the issue of separation from electrical power lines and the accommodation of more than one user on a tower. Johnson said other communities' ordinances address the electrical power lines issue as a general safety concern. Johnson said a 20-foot separation is necessary to have two users on a tower. Tyra-Lukens noted the way it is written we are saying this applies to towers over 100 feet. Johnson said it could be modified. John Barstow, 1701 E. 79th Street, representing American Portable Telecom, said he has worked with similar ordinances across the country. He thought a 2: 1 setback would be very difficult in the industrial districts as you can't put something close to the lot line if there is a requirement for a 2: 1 setback. He thought the rural areas are the most wide open. If they are located there, the developer would know where they are. He thought the reference to radio frequency engineers should be changed to experienced radio frequency engineers. 1 CITY COUNCIL MINUTES April 1, 1997 Page 8 David Bennett, 727 Sunlight Ave., representing U.S. West, said he concurred with the comments of the other provides. Butcher-Y ounghans said it seems prudent to revisit the ordinance and look more closely at building flexibility into the ordinance to allow siting in the industrial and commercial areas. She would also support the possibility of a review process to look at 4: 1 for conditional use. Case thought this needs to have a second look, but we do need to move quickly. He thought the setback issue needs to be looked at. He would also like to address the communication process and look at some of the language issues. Tyra-Lukens agreed we need to review it in terms of meeting our needs as well as those of the providers. We should address the responsibility of tower removal and the licensing and certification issue, as well as doing what we can to encourage multiple use. She also asked that the spelling of "antennae" be corrected. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing. Motion carried 4-0. MOTION: Case moved, seconded by Tyra-Lukens, to return the draft ordinance to the Telecommuncations Task Force for review and revision with the revised draft brought back to the Council as soon as possible. Motion carried 4-0. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Tyra-Lukens and Harris voting lIaye.1I vu. ORDINANCES AND RESOLUTIONS Vill. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens reported they have completed negotiations for the position of Director of the Commission with Len Simich. He will start work the end of April. She said the Commission is working on issues such as the circulator routes, information on services, using focus groups to discuss how to handle reverse commute and some special events. There will be a groundbreaking for CITY COUNCIL MINUTES April 1, 1997 Page 9 the transit hub on September 12 and they will be putting up a sign on the site to describe the new transit hub. X. APPOINTMENTS XI. REPORTS OF OmCERS A. REPORTSOFCOUNC~MEMBERS 1. Report on Chanhassen Tower Issue Case asked if this is another instance where we may want to have a joint meeting with Chanhassen about the Highway 101 issue and the whole industrial area. Jullie said there is a proposal for a 135-foot tower within the City of Chanhassen limits that is near a residential area in Eden Prairie. Because the Chanhassen process requires a public hearing, the Eden Prairie residents were notified of the hearing. Because of a procedural error, Chanhassen was forced to postpone the hearing to April 14. The Chanhassen Council met and allowed a temporary tower structure to be put up on the site, and the residents have been advised by Chanhassen officials that they will see an 80-foot tower. Thorfinnson arrived at 8:40 p.m. Jullie noted the Chanhassen tower does not meet the requirements of our proposed ordinance. We have met with Chanhassen staff and their Mayor, and we have asked the City Attorneys of both cities to confer on the potential for Chanhassen to make some special zoning application for future sites that may be in proximity to our border. The Autumn Woods residents are having a neighborhood meeting, and we will try to address some of their concerns. There is a possibility of using our water tower for a portion of their antenna. Harris thought their discussion went fairly well and they identified some potential for change in the proposed siting of the tower that would include use of the Eden Prairie water tower thereby placing a smaller structure in the industrial area. Thorfinnson said it appears they have designated two or three sites in the same area so it would appear using our water tower as part of one structure would not solve the problem in the long run. We need to think seriously about giving up this resource to solve the problem. Case was concerned about a general sense of disenfranchisement on the part of some of our Eden Prairie residents. He thought it would be appropriate if a couple of Council members were to attend the q CITY COUNCIL MINUTES April 1, 1997 Page 10 neighborhood meeting tomorrow night. Butcher-Y ounghans and Case agreed to attend. B. REPORT QF CITY MANAGER C. REPORT QF DIRECTOR QF PARKS, RECREATION & NATURAL RESQURCES 1. Miller Spring ImprOvements Lambert reviewed the Staff Report of March 18, 1997, requesting Council authorization to propose a joint project with the Riley/Purgatory/Bluff Watershed District to improve the Miller Spring site on Spring Road. The work would include raising the parking lot level, installing a retaining wall, moving the Spring outlet away from the roadway to the east side of the parking lot, plus additional amenities, including benches, picnic table and an informational kiosk. These improvements would help to make the Miller Spring site a very attractive amenity rather than the eyesore it has now become as a result of drainage and erosion problems. Lambert said the Parks, Recreation & Natural Resources Commission, the Environmental & Waste Management Commission, and the Heritage Preservation Commission (HPC), have each reviewed this proposal and have recommended approval to the City Council. The Cash Park Fund Capital Improvement Program does include $10,000 for the City's portion ofthe improvement costs. Lambert said the HPC has nominated this as an historic site, and they would not want this to conflict with their nomination. They would support the concept as long as we use natural materials. Lambert said Staff is asking the Council to authorize meeting with the Watershed District to suggest a joint project for improvement. The Watershed District has some funds available for improvements along our water resources, and their engineer might be able to do the engineering on the project. We would discuss it with them and then see what the costs would be. Case supported the project and supported pursuing the concept with the Watershed District. He said he had more of a concern with the legal exposure from high levels of bacteria and phosphates in the water. Lambert said we tend to get higher readings for nitrates in the spring. Case asked how this compares with the other spring that was closed. Lambert said that one had quite a bit higher readings than this one does. 10 CITY COUNCIL MINUTES April 1, 1997 Page 11 Case asked what the legal exposure is. Rosow said we would want to make sure we comply with Health Department rules and regulations. He encouraged continued effort to post a sign regarding possible health risks. Lambert said the Health Department asks us to test for nitrates and bacteria. We need to post some kind of sign regarding no guarantees and the fact that it is a shallow aquifer; however, signs posted in the past have soon disappeared. Butcher-Younghans thought the timing is perfect for this project, noting that this is one of the most highly visited sites in the City. She thought the State Historical Preservation Office might be willing to fund the portion that describes the historic attributes of the site. She asked if an historical interpreter is involved in the planning. Lambert said, until we get a concept plan, we won't know if it is worth the effort of going through the grant process. Tyra-Lukens asked if we have any idea about future development in the area, and what that would do to the water quality. Lambert said the water comes from the hill across the road. Future plans for that area show single family residential there, and it would be served by City water and sewer. There probably would be more runoff after development and that would affect this project. Tyra-Lukens asked about the possible effect of fertilizers. Lambert said those will have some effect, and we will have to monitor that. Also the road may eventually be widened and that would also affect this. Tyra-Lukens asked if this upgrade to the parking will be able to handle the traffic generated as the trail head for Prairie Bluffs Conservation Area. Lambert thought the trail probably will not require a great deal of parking, and we could not expand the parking lot here without filling part of the creek valley and doing a lot of mitigation. The major access to the conservation area will be on top of the hill. Tyra-Lukens thought this site is definitely an eyesore, but she was not keen on putting money into this project. She hoped the concept that is developed would be good for soliciting outside funding. She was not sure this was the highest priority project on the CIP list, especially with the major concerns we have in other areas. Harris was concerned about liability as people try to access the water, especially during the wintertime. /I CITY COUNCIL MINUTES April 1, 1997 Page 12 MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to authorize Staff to propose a joint project with the Riley/Purgatory/Bluff Watershed District to improve the Miller Spring site on Spring Road, per the recommendations of the Staff Report of March 18, 1997. Motion carried 5-0. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVEWPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY xu. OTHER BUSINESS xm. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:05 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 4-15-97 DEPARTMENT: ITElYI DESCRIPTION: ITEM NO. Finance -Pat Solie Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. CONTRACTOR (MlJL TI-F A..vIIL Y & COIVll\tO All Interiors Inc Bachmans Inc Greystone Construction Co R J Marco Pepper Construction Co Sheehy Construction Co PLUNmING Dinius Plumbing Co K & K Heating & Plumbing Inc Mission Mechanical Peter Plumbing Co Podany Plumbing Duane Ritter Excavating & Plumbing Thoen Mechanical Inc ! Walsh Plumbing I GAS FITTER Bloomington Heating & Air Conditioning Dinius Plumbing Co :\'laster Gas Fitters LIQUOR Amendment to liquor license for Rio Bravo Restaurant (attached) April 15. 1997 HEATING & VENTILATING Bloomington Heating & Air Conditioning lJTILITY INSTALLER K & K Heating & Plumbing Inc SEPTIC SYSTElYIS Elmer J Peterson Co TEl\tlPORARY BEER Optimist Club of Eden Prairie (4-26-97 & 4-27-97) LAWN FERTILIZER APPLICATOR Fairway Green Lawncare Inc Integrity Lawns Professional Turf Inc Trugreen Chemlawn Quality Green Rainbow Tree Company Inc CNR LAWN CARE, INC. MEMORANDUM TO: Carl Jullie, City Manager FROM: James G. Clark, ChiefofPol& DATE: April 8, 1997 SUBJECT: Rio Bravo Restaurant Request for Amendment to Liquor License Lt. Mike Bosacker has completed the investigation in response to the request by Rio Bravo to expand their liquor serving area into a temporary tent on Monday May 5, 1997 from 5:00 PM until 9:30 PM. Mr. Brandon Heinsohn was served with a copy of your memorandum, dated March 25, 1997, and agreed to the conditions. The following are findings ofLt. Bosacker's investigation: SITE The tent structure will be attached to the existing building covering the patio area and will not block the parking lot. The structure has been reviewed and approved by Jean Johnson of the Community Development Department. SECURITY The only entrance to the tent will be from the interior of the restaurant. There will be security at this entrance and wrist bands will be issued to identify customers. A perimeter fence will be constructed around the outside of the tent to control the crowd and limit the removal of beverages. NOISE Mr. Heinsohn was given a copy of the Disorderly Conduct -Noisy Party City Code # 9.32 and informed that we would enforce the Code if there were complaints. He will attempt to confine noise to the Rio Bravo property. NEIGHBORHOOD CONCERNS The neighborhood was canvassed and informed of the proposal. The manager of the property at 8220 Commonwealth Drive, Mr. Orlo Johnson, expressed concerns with parking and the belief that Rio Bravo customers tend to be more disorderly than those who frequented Chi Chi's. Mr. Johnson has been in contact with Rio Bravo management z in an attempt to resolve these concerns. A sign restricting parking is in place at the entrance to his property. We also talked to Mr. Robert Persons and Ms. Patty Persons of Adtech at 8220 Commonwealth Drive. Adtech is the source ofthe concerns expressed by Mr. Johnson. It appears that their concern is centered around parking issues, however they expressed a concern that the customers are more "boisterous and unsavory" than the Chi Chi's customers. They were instructed to call the Police Department when they observe problems. We received no further feedback from the neighborhood. RECOMMENDATION We would recommend the approval of the temporary amendment to the Rio Bravo liquor license for May 5, 1997 with the conditions outlined in your March 25, 1997 memorandum to Rio Bravo. It is clear that Rio Bravo is taking all necessary steps to minimize the impact on the neighborhood. Police staff will monitor the event and Rio Bravo is aware that failure to meet the conditions and \ or complaints from the public may immediately void this amendment. Rio Bravo has made payment of the $200.00 fee to the City of Eden Prairie, which is consistent with the fee structure used by the City of Minnetonka. TO: FROM: DATE: MEMORANDUM Mayor and City Council Carl J. Jullie, City Manager March 25, 1997 SUBJECT: Rio Bravo Restaurant Request for Amendment to Liquor license RECOMMENDATION: Approval of an amendment to the Liquor License for Rio Bravo Restaurant as follows: "Additional liquor sales and live music may occur on Monday, May 5,1997, from 5 PM to 9:30 PM subject to the following conditions: 1) The activities shall occur within a tented area attached to the building; 2) Adequate measures will be taken to control access to the additional area to Insure that alcoholic beverages are not sold to minors and are not carried outside of the licensed premises and the additional area; 3) Adequate measures will be taken to Insure there will be no violation of the City's Noise Ordinance; 4) The use of the additional area will not decrease available parking below that required by the Zoning Ordinance for the licensed premises; 4 CJJ:jdp -2- 5) The use of the additional area will not unreasonably Impede traffic circulation; 6) The licensee has obtained adequate liability Insurance for the additional area; 7) The Issuance of this temporary amend- ment would not be adverse to the public health, safety and welfare; 8} Payment of a fee In the amount of $~ol> .. DO; and 9) At least seven days prior to the event, the applicant shall submit evidence to the satisfaction of the Chief of Police that the applicant will be In compliance with the above listed conditions." To: From: Brandon HeiDBobn , Date: March 26; 1997 Re: R-96% " " " " :( " , .: :' .. , . • 1 " : " .. , " i :. ! . ! . j . . ' 1 .. i .: .. 1:: , j '; .: (,: , . t "l, ': I';, . , " i : . ~ . i ". p'oo i if44 v R-96% " " To: Jean Johnson From: Brandon Heinsohn Date: 3111197 Re: Cinco 'de Mayo Following 1& a drawing of my proposal for our May 6. 1997 ~n. I am also; sending a IIst.of miscellaneous conoems that you might have. Please review it • contact me direcUy ,with any comments and lor concems. I will not be In ~ R!t8tU~rant on Wednesday 3112197. but'l will be at home, , .. My work number Is 943-8885 'and my home number is 447-7992. ' Feel frae to t;8il me at anytl,me. : Answas to Ctli1cem& that you may have: 1. Tent win not take up any parking spaces 2. We will have a Dve band under the tent , " (1'* ' 3. Hours fOr.the tent .area wiD be from §:OO p.m. until 9:30 p.m. 4. Proposing to serve beer outside 5. Wi1l supply security wherever n~d to assist in checking 1.0's 6. Will SIlICUre additional parking at neighboring lots Ia help with additional bustness , : I I I I i " , , , ! I i I , 1 : ;, , ! • , : . : ' . , , ! I . . ' .. i . I i·' ; . . '. 1 : • , .. i:: i ! ~ : i : , : ,i ~ : . j i . I • ! , : . ~ ::. : .0'· ~ . . ' .. I • , i ~ : : : , ! , ., : , ! . i !', : I am very anxiOUS to here beck from you on this·event So that I Will have time to secure l.· : any and al~ Items needed In order to GOmply with the City cedes and ordinances .. :; ; ' •. ~ . . " : ~ Thank you, .~ ~-a[ . .l.OrL ( Braridon 0, Heinso n . Gene~ Manager' , , , . , " . i .. : : : RIO BRAVO INTERNATIONAL, INC. .', . : " ! • I ~ ; ': ; . . .1640 PoweEsFaiy Road • Bl<1£. 2, Suite lOO Marietta. Gecngia 30067·9400 (770) 956~~856·. FIx (119) 951..sZ37 1 4551 W. l07rh s1ireet • ~l#te: 100 Overland ~ I<msu ~6;4Y1 . (913) 967.JfOOO • ,fax (913~. 341·169", . iI .. 0t ••• , . ~I ,I ~3-26-97: b 1: 40'PM • I P002 #44 --, d&&&Q i . : . . : SNTf,ftIU- : ... . . 0 Jj 0 O~ :. tJ o .. : . : 0 0 • • £~ · -· . i .. ~ · . . ; , . o 0 1/" Ctt."" .... "" .: '0" '0· ~D· ·OW I • • . , ." • • . .. • • • D . ., • 1'1' . " 0 : .! o 0 .. -. «J 1:1 • 0 0 0 D I i' ~ : I" I .w I~ )C '30' L..O~ Er-:. : ! : . •• 1 .. ' : . ~ .' . R-96" 63-26-97 01:40PM P003 #44 APR 10 '97 11:09 612 447 7992 TO: 612 949 6203 f CAN TIN Ae To; Lt. Michael Bozaker From: Brandon D. Heinsohn Date: 4/10/97 ra: Cinco de Mayo tent Following Is a draWing proposal for our tent area. It will still be attached to the building, noise control will be better, and the entrance will still be controlled by security. After meeting with several tent Installers they told me that they could not put a tent over the patio due to the electrical cords being so close. So this is my alternative proposal. Call me with any questions or concerns at home 447·7992 or at work 943-8865. I look forward to meeting with you on Friday at your convenience. Thank you for all of your hGlp, ~Otlf1v- Brandon D. Heinsohn RIO BRAVO INTERNATIONAL, INC. 1640 rowers Ferry RC.lltd • Aid.:. 2, Suile .100 M~Tit!L1.ll, Georgia 30067,9400 '''''1'\\ t\1!L. fO~4t .. 1:' •••• ,.,,,"\ net a."., 4551 W. 107th Street • Suite 100 O\'erlAnd PHrlc, KlmSH$ 66207 tOl'l\O"::.,..,NV\ _ 1:_ •• /01'l\'l"/II.t.Q../ P01 . ' (-. --_,- o o o o l'l'I" \11" J '7.J I ~U~.J f --- o o o (" -----, , _'V"l "J ~ ... 1 I!:. I' .. ... "', , ~ (tf ... rf ( , . \ I , --...~.:., . I J \.7"-'I/V .... "TVVV - I; I, ;i -.,-----_._. ' --_ ... __ .............. j Sf II ,oJ. fR T.t..a,. "To ~~ 1110'S\' It'r<IO .,., IN ft.1Irf fA' ... ------.· ... ot,., --...... _ ... _ ...... ,.'" ~ .., ...... ----. '-" ...... '" , -.,' ._--_ .. ., .... /.,-- ~-'-"" -........ _ ...... -,- ---------------------------------------------------------- EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-15-97 SECTION: CONSENT CALENDAR ITEM NO. rV18. DEP ARTMENT: ITEM DESCRIPTION: Community Development Chris Enger PRAIRIE GREEN MINI-STORAGE Michael D. Franzen Recommended Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Amendment in the 1-2 Park District on 4.96 acres; • Adoption of a Resolution for Site Plan Review on 4.96 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement PRAIRIE GREEN MINI-STORAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the zoning of the land be amended within the 1-2 Park District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the 1-2 Park District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be developed in accordance with plans dated March 11, 1997. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of March, 1997, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of April, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ______________ , 2 Exhibit A Prairie Green Mini-Storage Legal Description: That port of Lot 1, Block 1, Birchwood Lobs, embraced wIthin the South one-fourth of the Northeast Quarter of the Northeast Quarter of Sectlon 17. Township "6, Range 22, according to the plat thereof on file or of record In the oftlce of tho Re(Jlstror of TItles In and for sold County. Lot 1, Bloc\( 1, Birchwood Lab:'! except thot port embraced within the South one-fourth of the Northeast Quarter of tho Northoast Quarter of SectIon 17, Township 116, Range 22. occordlng to the recorded plat thereof, and situate In Hennepin County, Mlnne8ota. Lot 2, Block 1, Birchwood Lobs, according to tho recorded plot thereof, and sftuate In HennepIn County. Minnesota. PRAIRIE GREEN MINI-STORAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows the amending of land located at County Road 4, south ofTerrey Pine Court, within the 1-2 Park District on 4.96 acres; subject to the tenns and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ______ _ (A full copy of the text of this Ordinance is available from City Clerk.) PRAIRIEGREENMINI-STORAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRAIRIE GREEN MINI-STORAGE BY FOUR S. PROPERTIES, INC. WHEREAS, Four S. Properties, Inc. has applied for Site Plan approval of Prairie Green Mini-Storage on 4.96 acres for construction of an expansion to the existing mini-storage facility located at County Road 4, south of Terrey Pine Court, to be zoned within the 1-2 Park District by an Ordinance adopted by the City Council on March 18, 1997; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 24, 1997, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its March 18, 1997, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Four S. Properties, Inc. for the construction ofthe expansion, based on plans dated March 11, 1997, between Four S. Properties, Inc., and the City of Eden Prairie. ADOPTED by the City Council on April 15, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER'S AGREEMENT PRAIRIE GREEN MINI STORAGE EXPANSION 1997 THIS AGREEMENT, made and entered into as April 15, 1997, by Four S Properties, a Arizona Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Amendment in 1-2 Park on 4.96 acres, Preliminary Plat of7.21 acres into one lot ,and Site Plan Review on 4.96 acres for mini storage buildings and 1500 square feet of office situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. __ for rezoning,Resolution No. for Preliminary Plat Review, and Resolution No. for Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials submitted by Developer and revised and dated Janurary 31, 1997, reviewed and approved by the City Council on March 18, 1997, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer. Developer shall complete the implemenation of the approve plan prior to occuppancy permit Issuance. 4. FINAL GRADING, DRAINAGE, AND EROSION CONTROL PLAN: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for stonn water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall complete implementaion of the approved plan prior to issuance of any occupancy permit for the Property. B. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. 5 . RETAINING WALLS: Prior to issuance by City of a building permit for the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 6. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape surety equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. TREE REPLACEMENT: Developer has submitted to the City Forester and has received the City Forester's approval of a tree replacement plan for 104 caliper inches, as shown on Exhibit B ,attached hereto. Developer shall complete implementation of the approved plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 8. IRRIGATION PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation of the approved plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. EXTERIOR MATERIALS: Developer has submitted to the City Planner, and has received the City Planner's written approval of a plan for exterior building materials and colors for the Property as shown on Exhibit B attached hereto. If these materials and colors are changed, the Developer shall, prior to building permit issuance, submit to the City Planner, and receive the City Planner's approval of a plan depicting the exterior materials and colors to be used for the Property. Developer shall complete implementation of the approved plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 10. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to the City Planner, and received the City Planner's written approval of a plan for screening of rooftop mechanical equipment on the Property , as shown on Exhibit B, attached hereto. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, per City Code requirements. Developer shall complete implementation of the approved plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, that the constructed screening does not meet the Code requirements to screen said equipment from public streets and differing, adjacent land uses, then City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiency identified by the City Planner. to meet Code requirements. Developer acknowledges that City will not release the security provided until all such corrective measures are satisfactorily completed by Developer. 11. SIGNS: Developer agrees that for each and every sign which requires a permit by Eden Prairie's City Code, Section 11.20, Developer shall obtain a sign permit. The application for such a permit shall include complete description of the sign and a sketch showing the size, location, manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit Band in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 12. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's approval of a site lighting plan. All lighting shall consist of downcast fixtures. Developer shall complete implementation of the approved plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 13. VARIANCE FOR OUTDOOR DISPLAY OF RECREATIONAL VEIDCLES: Developer shall obtain approval from the Board of Appeals and Adjustments for variances from City Code requirements within the 1-2 Park Zoning District for outdoor storage of recreational vehicles on the Property as depicted in Exhibit B, attached hereto. Developer agrees to file Final Order # of the Board of Adjustments and Appeals on the Property at the Hennepin County RecorderlRegistrar prior to the building permit issuance. Prior to the release of any building permit on the property, Developer agrees to provide proof of filing to the City. 14. SPECIAL ASSESSMENT AGREEMENT FOR TRUNK SANITARY SEWER AND WATER AND LATERAL W ATERMAIN: Developer agrees the Property will be subject to supplemental trunk sanitary sewer and water main charges in the amount of$17,326.00 and watermain lateral charges in the amount of $27,148.00. Developer agrees to enter into a special assessment agreement for the trunk and lateral charges depicted in Exhibit E, attached hereto and made a part hereof. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-15-97 SECTION: CONSENT CALENDAR ITEM NO. IJ/,(! , DEP ARTMENT: ITEM DESCRIPTION: Community Development Chris Enger CENTRONDPL Michael D. Franzen Krista Flemmin2, Intern Recommended Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for PUD District Review and Zoning District Amendment in the 1-2 Zoning District on 5 acres; • Adoption of a Resolution for Site Plan Review on 5 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-97-PUD-I0-97 CENTRONDPL AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject ofthis Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the 1-2 Zoning District 16-97-PUD-I0-97 (hereinafter "PUD-IO-97-I-2"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 15, 1997, entered into between Centron DPL and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions ofPUD-1O-97-I-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following fmdings: A. PUD-I0-97-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1O-97-I-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-I0-97-I-2 are justified by the design of the development described therein. D. PUD-IO-97-1-2 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the 1-2 District and shall be included hereafter in the Planned Unit Development 10-97-1-2, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting ofthe City Council ofthe City of Eden Prairie on the 18th day of March, 1997, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of April, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _________________ ' Exhibit A CentronDPL Legal Description: Lot 1, Block 1, City West Acres, according to the recorded plat thereof, and situate in Hennepin County, Minnesota if CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-97-PUD-I0-97 CENTRONDPL AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summru:y: This ordinance allows the amending of land located at City West Parkway, within the 1-2 Zoning District on 5.2 acres; subject to the tenns and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ______ _ (A full copy ofthe text ofthis Ordinance is available from City Clerk.) CENTRONDPL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CENTRON DPL BY CENTRON DPL WHEREAS, Centron DPL has applied for Site Plan approval of Centron DPL on 5 acres for construction ofa building expansion located at City West Parkway, to be zoned within the 1-2 Zoning District by an Ordinance adopted by the City Council on March 18, 1997; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 24, 1997, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its March 18, 1997, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Centron DPL for the construction ofthe expansion, based on plans dated March 11, 1997, between Centron DPL, and the City of Eden Prairie. ADOPTED by the City Council on April 15, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk SUPPLEMENT TO RYCENT, LLC DEVELOPER'S AGREEMENT TIllS SUPPLEMENT TO DEVELOPER'S AGREEMENT, made and entered into as of April 15,1997, by Rycent, LLC, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the parties desire to supplement the Developer's Agreement between Rycent LLC dated November 14, 1994, (hereinafter the "Rycent, LLC Developer's Agreement") for the Property legally described in Exhibit A, attached hereto and made a part hereof, hereinafter the "Property" ,which is a part ofthe property described in the Rycent, LLC Developer's Agreement; NOW, THEREFORE, in consideration of the City adopting Ordinance No. PUD- ___ Resolution # , PUD Concept Review, Developer covenants and agrees to construction upon, development, and maintenance of the Property as follows: 1. "Developer" shall develop the Property in conformance with the materials dated March 18, 1997, reviewed and approved by the City Council on March 18, 1997, attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the tenns, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the 1-2 Park Industrial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part ofPUD ___ , A. Waiver for increase in allowable office use from 50% to 75%, as shown on Exhibit B, attached hereto. 4. Except as otherwise provided herein, aU of the terms of, and obligations described in, the "Rycent,LLC Developer's Agreement" shall continue in full force and effect. 7 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-15-97 SECTION: CONSENT CALENDAR ITEM NO.lSI, 0 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger EDENV ALE CROSSING BUSINESS CENTER Scott A. K!pp Recommended Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for PUD District Review on 12.7 acres and Zoning District Change from Rural to Office on 2.9 acres; • Adoption of a Resolution for Site Plan Review on 12.7 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement EDENV ALE CROSSING BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-97-PUD-1l-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Office Zoning District 17-97-PUD-11-97 (hereinafter "PUD-11-97-0ffice"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 15, 1997, entered into between CSM Corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-11-97-0ffice, and are hereby made a part hereof. Section 4. The City Council hereby makes the following fmdings: A. PUD-11-97-0ffice is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-97 -Office designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-11-97-0ffice are justified by the design of the development described therein. D. PUD-11-97 -Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-11-97-0ffice and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting ofthe City Council ofthe City of Eden Prairie on the 18th day of March, 1997, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of April, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ________________ _ -------------------------------------------------------------- Edenvale Crossing Business Center Exhibit A Legal Description Preliminary Plat Outlot C, EDE;-"'VALE 9TH ADDITION, according 10 the recorded plat thereof. Hennepin County, Minnesota, <:xcept that part o.f said Outlol C. which lies Southerly of LlNE L described below: and Ln-.'E 1: Beginning at the North Qtulrter comer of Section 15, TownShip 116 North, ~g~ 21 West; thence nUl SoutheTly along the' North and Soul!~ Quarter line of said Section 15 on an assumed azimuth .of 179 .degrees 30mmutcs 22 seconds for 114. 15 feet; thence on an azimuth of 69 degrees 33 miuutes.IO seconds, 480,21 feet; th~ce on an azimuth of 71 degrees 55 minutes 14 seconds, 321. 34 feet; thence on an w.i~uth of 24 degrees 40 minutes 37 seconds, 97. 7S feet; thence on an azimuth of 334 degrees 33 minutes 46 seconds, 95·.65 feet; thence on an azimuth of 45 degrees 07 minute:o; ]7 seconds, 241.38 feeL; thence on an a7imuth of 52 degrees 49 minutes 58 seconds, 241 .. 87 feet: thence on an azimuth of i8 ~egrees 20 minutes 47 secunds, 82.67 feet; thence on an azimllth of 124 degrees 01 minutes 30 seconds, 150-feet and there terminating. The Northe-aster!y 193.00 feet of OutlOt B, .EDE}.J'V'ALE 9111 ADpmON. according to the recorded plat thereof, Hennepin CounlY; ~finnf:Sota, . Zoning Change from Rural to Office That part of Outlot C, EDENV.~.E 9TH ADOITION, according to tile recorded plat thlO:reot~ Hennepin County, Mirulesota, lying North of a line and' its Westerly extcnsion dra"ll from a point on the East·linc of said Outlot C disL'lnt 285.8'1 feel South of the Northeast corner thereof to a point on the WeSterly line of said Outlot C diStant 205.51 feet Southellsteriy of the Northwesterly comer thereof, and said line there terminating. '. Guide Plan Change from Office to Industrial Zoning Change from Rural to 1-2 . That part of Outlot C, EDEN'VALE 9TH ADDITION, according to the recorded plat thereof. Hennepin Couut)',1vlinncsoUl, except.thal part of said' Outlot C whieh li~' Southerly' of Ll:>;"E 1 described below: U"IE 1: Bt:e,'lnning at the Nor..h Quarter comer. of Section IS, Township 116 North, Range 22 West; thence nll.1 Southel'1y along the Nonh and South QUaner line of said Section 15 on an asswncd ,l7imuth of 179 degrees 30 minutes 22 seeonds for 114. 15 teet; thence on an azimuth of 69 degrees 33 minutes' 10 seconds. 480.21 feel; lllcncc on an azimuth of 71 degrees. 55 minutes 14 seconds, 321.84 feet; thence on an azimuth of 24 degrees 40 minutes 37 seconds, 97.78 feet: thence on an a7.imuth of 334 degrees ~3 ffiinutes 46 seconds,. 95.65 feet: thence on an uim~th of 45 degrees 07 minute!; 37 seconds, 2.;·1.38 feet:. thence on all azimuth of 52 degrees 49 mmutes 58 se-;:onds. 241.87 feet: thence on an azimuthal 78 deg~s 20 minutes 47 seconds, 82.67 feet; thence on an 3:Limutb of 124 degrees 01 minutes 30 seconds, ISO fcct and there terminating. EXCEPT that Patllying Nonh of a.line and. its Westerly extension drawn from a point on the .East line of said Outlot C distant 285.81 fc~ South of the ~ortheltSt comer thereof to (l point on the westerly line of said Outlot C distant 205.51 feet Soulhc-.l.~tcrly of the Northwesterly corner thereof, and said line mere terminating. and nle ).;ortheastcr-ly 193.00 feet of Outlot B, EDENV ALE 9TH ADDITTON, according to the recorded pIaL thereof, Hennepin Count)·, Minnesota, 4 . EDENV ALE CROSSING BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-97-PUD-1l-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SlllIlllllllY: This ordinance allows rezonmg of land located South and east of Anagram Drive from Rural to Office on 2.9 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the fun legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. slJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ______ _ (A full copy of the text of this Ordinance is available from City Clerk.) EDENV ALE CROSSING BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDENV ALE CROSSING BUSINESS CENTER BY CSM CORPORATION WHEREAS, CSM Corporation has applied for Site Plan approval of Edenvale Crossing Business Center on 12.7 acres for construction of 130,000 square feet in three buildings located South and east of Anagram Drive, to be zoned in the Office Zoning District by an Ordinance adopted by the City Council on March 18, 1997; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 24, 1997, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its March 18, 1997, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to CSM Corporation for the construction of the three buildings, based on plans dated March 11, 1997, between CSM Corporation, and the City of Eden Prairie. ADOPTED by the City Council on April 15, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER'S AGREEMENT EDENV ALE CROSSINGS BUSINESS CENTER THIS AGREEMENT, made and entered into as of April 15, 1997, by CSM PROPERTIES, INC., a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Amendment from Office to Industrial on 9.8 acres, Planned Unit Development Concept Amendment on 12.7 acres, Planned Unit Development District Review on 12.7 acres, Zoning District Change from Rural to Office on 2.9 acres, and from Rural to 1-2 on 9.8 acres, Site Plan Review on 12.7 acres, and Preliminary Plat of 12.7 acres into 3 lots, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. 97-45 for Comprehensive Guide Plan Amendment, Resolution No. 97-46 for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Rezoning from Rural to Office and I-2, Resolution No. . For Site Plan Review, and Resolution No. 97-47 for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated March 11, 1997, reviewed and approved by the City Council on March 18, 1997, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for sanitary sewer, water, interim irrigation systems and storm sewer. Developer agrees to complete implement the approved utility plans prior to any building permit issuance for the Property. 4. FINAL GRADING, DRAINAGE, AND EROSION CONTROL PLAN: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and 7 drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. 5 . PRETREATMENT PONDS: Prior to final plat approval on the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design information for all stonn water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Upon completion of the building construction and before the issuance of a certificate of occupancy, the Developer shall verify the original design volume of the treatment pond to ensure that pond size . has not diminished because of sedimentation/erosion and that the pond has been restored to its original volume if sedimentation/erosion has occurred. 6 . RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Material shall consist of modular masonry. Developer agrees to complete implementation of the approved retaining wall plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C. 7. TREE LOSS -TREE REPLACEl\1ENT: There are 363 caliper inches of significant trees on the Property. Tree loss is calculated at 215 caliper inches. Tree replacement required is 169 caliper inches. Developer has received the City Forester's approval of a tree replacement plan. Developer agrees to complete implementation of the tree replacement plan prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City code. Developer agrees to complete implementation of the approved landscape plan prior to issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C. 9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees to complete implementation of the approved irrigation plan prior to issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C. 10. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final plat, the Developer shall enter into an executed cross access and maintenance agreement, approved by the City Engineer, which addresses vehicle access, maintenance of parking areas, driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or owner. Prior to the issuance of any certificate of occupancy for the Property, Developer shall submit to the City Engineer proof that the cross access and maintenance agreement has been recorded in the Hennepin County Recorder's OfficelRegistrar of Titles' Office. 11. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Developer agrees to complete implementation of the approved exterior materials and colors plan prior to issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C. 12. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to the City Planner, and has received City Planner's written approval of a plan for screening of mechanical equipment on the Property. This plan provides screening of the mechanical equipment by constructing parapet walls for each building, as depicted in Exhibit B. Mechanical equipment includes the gas meters, electrical conduit, and water meters in addition to standard heating, ventilating, and air conditioning units. Security to guarantee construction of the screening shall be included with that provided for landscaping on the Property, per City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of q any occupancy permit for the Property. If, after completion of construction of said mechanical equipment screening, it is detennined by the City Planner, in his sole discretion, that the constructed screening does not meet the Code requirements to screen said equipment from public streets and differing, adjacent land uses, then City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to meet Code requirements. Developer acknowledges that City will not release the security provided until all such corrective measures are satisfactorily completed by Developer. 13. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting. All lighting shall consist of downcast shoebox fixtures. Pole mounted lighting shall not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14. TRASH ENCLOSURES: Developer shall submit to the City Planner and obtain the City Planner's written approval of a plan for outside trash enclosures for the Property. The trash enclosures shall be constructed With similar materials to match the building and include heavy duty steel gates that completely screen the interior of the enclosure. Developer agrees to complete implementation of the approved trash enclosure plan prior to issuance of any occupancy permit for the Property. 15. SPECIAL ASSESSMENT AGREEMENT: Developer agrees the Property will be subject to supplemental trunk sanitary sewer and water main charges in the amount of $6,645.00. Developer agrees to enter into a special assessment agreement for the trunk charges depicted in Exhibit E, attached hereto and made a part hereof. 16. CERTIFICATES OF OCCUPANCY: Notwithstanding anything herein to the contrary, a certificate of occupancy for a building to be constructed on any of the lots on the Property shall be issued if all of the conditions for issuance of a certificate of occupancy required herein have been satisfied as to such lot, provided that all off-lot improvements to support the use of such lot have been completed. 17. PUD WAIVERS GRANTED: To the extent depicted in Exhibit B, City hereby grants the following waivers to City Code requirements within the 1-2 Zoning District through the Planned Unit Development District Review for the Property, and incorporates said waivers as part ofPUD A. A maximum of75% office use within the 1-2 Zoning District for building C. Code pennits 50%. B. Front yard parking setback from Highway 5 frontage to 25 feet and 35 feet, for buildings 10 ------------------------------------------------------~----------------------------~ Band C, respectively. Code requires a 50 foot front yard parking setback. C. Zero lot line parking setback between lots 2 and 3. Code requires a 10 foot side yard parking setback. /I EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4/15/97 SECTION: Consent Calendar ITEM NO. JY. E. DEPARTMENT: Parks, ITEM DESCRIPTION: Arbor Day Proclamation Recreation and F~ Stuart A. Fox v For the past 16 years Eden Prairie has conducted Arbor Day activities as part ofthe City's comprehensive forestry program. Attached is a proclamation proclaiming May 3, 1997 as Arbor Day in Eden Prairie. The 11th Annual Arbor Day Walk will be held at Staring Lake Park Saturday, May 3, 1997, from 9:30-11:30 a.m., to promote tree planting in our community. SAF:mdd Proc1aim.STuart96 PROCLAMATION PROCLAIMING MAY 3, 1997 AS ARBOR DAY WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for hour homes, fuel for our fires and countless other wood products, and WHEREAS, trees in our city increase property values, enhance economic vitality of business areas, and beautify our community, and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways, NOW, THEREFORE, I, Jean L. Harris, Mayor of the City of Eden Prairie do hereby proclaim May 3, 1997 as ARBOR DAY in the City of Eden Prairie, and I urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program, and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. ADOPTED, this 15th day of April 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk SEAL ArborreslStu96 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 04-1S-f. SECTION: Consent Calendar ITEMNOJJl •. DEPARTMENT: Parks, ITEM DESCRIPTION: Community Center Ice Arena Renovations Recreation and Natural Mighty Ducks Project Bid Prop'osal Resources Elyce Kastigar Ice Arena Renovations The Community Center will complete renovations to the ice arena during 1997. The Olympic ice arena will have construction to expand team rooms 5-8. The main ice arena will have a storage space constructed at the east end of the bleachers. Recommendation Staff recommends approval of the bid from Hunerberg Construction plus the alternate bid for painting for a total of$41,510. Refer to the attached bid tabulation. Bids for the team rooms and storage construction are as follows: Company 1. Hunerberg Construction 2. Greystone Construction 3. American Liberty Funding Base Bid $38,540 $43,423 $54,186 Alternate 1 $2,970 $2,400 $1,100 $41,510 $45,823 $55,286 The above project will be funded 50% cost through Might Ducks Grant, 25% Eden Prairie Hockey Association, and 25% general fund reserve. Attachment: Bid Tabulation icerenov Eden Prairie Team Room & Storage Remodeling Corrm. No. 9704 BID TABUlATION 7415 WAYZATA BOULEVARD MINNEAPOLIS. MN 55426 612-544-8370 UJ.UUO:::J. -I "Roo", "R; rl-------c:------I A 1 t-Nn _ I A 1t-Nn'? I A 1 t _ No _1 I Bid Bond ----J Addenda-1 Greystone Const. ,/'" / American Liberty t/ I V Hunerberg Cons t. v ~ '- BNM Construct. Specialty Const. ~ DATE: 04115197 EDEN PRAIRIE CITY COUNCn, AGENDA II/G. ITEM NO: SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 97-5437 Engineering Division Award Contract for 2" Bituminous Overlay Mary Krause Recommended Action: Award of I.C. 97-5437 for 2" Bituminous Overlay to Midwest Asphalt Corporation in the amount of $334,350.00, as the lowest qualified bidder. Overview: Nine bids were received as shown in the bid summary: Midwest Asphalt Valley Paving Mueller & Sons Northwest Asphalt Hardrives Lan Dar, Inc. Vi-Con C.S. McCrossan Buffalo Bituminous Financial Issues: $334,350 $339.750 $344.700 $348,000 $362,700 $364,500 $371,250 $384,450 $426,000 As previously addressed, the overlay project was increased in scope to utilize the overlay budget of $200,000 as well as the sea1coat budget of $234,500 for a total budget available of $434,500. The scop 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. 97-3437 -2" Bituminous Overlay 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 MIDWEST ASPHALT 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 Midwest Asphalt in the name of the City of Eden Prairie in the amount of $334,350.00 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 April 15, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk DATE: 04/15/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: IV. II \ DEPARTMENT: ITEM DESCRIPTION: I.C. 97-3434 Engineering Division Award Contract for Street Striping Mary Krause Recommended Action: Award of I.C. 97-5434 for 1997 Street Striping to Precision Pavement Marking in the amount of $37,375.00 as the lowest qualified bidder. Overview: Two bids were received as shown in the bid summary: Precision Pavement Marking AAA Striping Financial Issues: $37,375.00 $49,615.00 The 1997 budget amount for striping is $42,000.00 under Budget No. 50-585-4440. 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. 97-3434 -Street Striping 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 PRECISION PAVEMENT MARKING 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 Precision Pavement Markin~ in the name of the City of Eden Prairie in the amount of $37.375.00 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 April 15, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk DATE: 04/15197 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: IJ/;I. DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Prairie Green Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the fmal plat of Prairie Green subject to the following conditions: • Receipt of engineering fee in the amount of $743 • The requirements as set forth in the Developer's Agreement Background: This plat, located at the southeast comer of Eden Prairie Road and Terrey Pine Drive, consists of 7.21 acres containing one lot for the proposed expansion of the Prairie Green Mini Storage. The preliminary plat was approved at the City Council meeting held March 18, 1997. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement is scheduled for the April 15, 1997 City Council meeting. JJ:ssa cc: Todd Jones, Four S Properties, Inc. 601 Carlson Parkway, Suite 350, Minnetonka 55305 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE GREEN WHEREAS, the plat of Prairie Green has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Prairie Green is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 8, 1997. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 15, 1997. Jean L. Harris, Mayor ATIEST: SEAL John D. Frane, Clerk z ~ PRAIRIE GREEN ORAIUAGE AND UnUTV [AS£t.4[N1S ARE SHOWN THUS: 1-· .-1 L I I --.I __ ~ L __ L BEING :s FEET IN 'MOtH AflO ADJOINING LOT UNES, UNLESS OlliER'MSE INDICATED, AND 10 FEET IN WIOlH UNl£SS OntER'MS[ IHIJICAlED /!NO ,.t.I)JOININQ RIGHT-OF-WAY lJ4ES. AS 5HO~ ON nl[ PLAT --...... ./ '" ,/ "-/ I \ I r-\ I ~ ~ $M',e',.·w \ I i ~ /1',2. J I I I \ ~ -'08.0' \ ,W2.'04·W N88',8',,"[ / '\ 0,08 / '-NO SCALE ,/ '-./ ----DETAil l Seol. In ,"I ~ 100 200 JOO THE BASIS OF BEARJNGS IS A SSUUEO o DENOTES IRON UOt~UM£NT I I I 1 1 I I I ____ J TERRY PUt( ORI"" ----, ~ '" : \!-~() I t-I I ------~ 1 I I I I I I I BOROER K.HO OF EDEH PRAIRIE ADD. I 6 _ 84"13'68- I R _ 50,00 : L -73,~1 L _/--I __ N87"24'~"E N81":zffi"E ,1' 2' I 60.38 ~,,61 /1 \ I ",/1 / 1/ ~ A !.. 31'06'&7" If .. 88.00 .... l._48.33 'V "' '" I I I I I ~ ''\ • 't. ~ o " ~\ :z ~-. P S02'29:!'1 J2Mhi ____________ _ to. () \6 • .( Z ~ (>..J 0 I ., I , ... I 0( '" -. I QlWO-i CD '1 ~ :r.:l 0( I t-;: t fY. 0 ~ () la.. 0: , 0(,... I () ~ I "'1'1 'i: ...... / , .. ::: ..... \ .... , 4cor ZOI") ~ ~Z t:) 100: -'. ..... ,,:. (r.} .. r , ..... / "" I ~ \. \ ...., ("\ : ... ~ -(\ -,... --:::----~ -,-0-,...:..::r-- I. I? ~ I~ () -, ,~ r, ,~ '-:s: , -, '" ' .. ". en -, ,~ '\.. '-. rt) "'{ .. ... ./ Il:' ..... ~ 't~. 0 >-0( I ",' m'" I ---------:-------,--------------- (D IAIooO"'5S'l'" .. ,,:.. \ .......... \.. ~2.68 ~ ::J: c.") 'R-e76~.8J IiJ ............. , .., f."" \ ti S8e'40'07"W t--W 'l_tOO.47 ~ \-, tJ 0:: ..... , -\ .... • I (L. \-k ---NORlH LliE C'JF tHE () u....(, J: A.... ~ SOUTK '1'" OF THE HE Z O...J I ~ = .., ........ .. ... ./ 0 1/4 OF mE tc '/4 _______ J bt ~ {r. ~ 5EeltON 11 • TIIABER: i r ' ~ LA r. E S , I .,i "88'JO'''''( JOU' / -l.-- SEE ~AIL"" 1 \ I (Il-t.~ ) I c(k,vlco.,. // ,j, / ""'0.0 ", '" ---' ",'" ",// "/~~,, "'A I .... "'" oJ /'" --.uDJ.", L ___ ----,..// O~ ---,," ,," R. T. DOC. NO. ___ _ C.R. DOC. NO. KNOW AU. UEN BY THESE PRESENTS: Thot f'ol,lr S. Prop ... tl •• , In~ .. on Arbono corporation, t .. owner of the fdlowln9 ducrlbed proP .... t)' .Ituot.d Irt the Count)' of H.nnep~, Stat. of "',"ne.ot<l. to wit: Thot port of lot I. S.ook t. 8frchwood lob., Itml>f'Qc.d within the South one-fourth of the Northeo.t Quorter 01 tho Northeo.t Quort.,. of Section 17. Tow"1Ih1p 1 te, Ranoe 22. occordang to tho ptot \h ..... o' <In 1110 or of r.c:ord In the ofHc. 0' the R.VI.trew 0' TItI •• In and '01' sokt Co"'nty, Lot t. Block I. BWcnwood Labs e)Ccept thot port ~broc.<I within the South one-tOW'th of the Northeo.t OuOl't ... of U.e Northeo.t Quarter of S.etlon 17, Town,hlp 110. Rang. 22. oceordln9 to the r.corded plat ther~'. Lot 2, Block 1, Birchwood lobs. ocoordln9 to the ...aord<ed plot thtreof. ~hO: PO::~edfO~h:U=·u:: ;.::wur.d (tro:~::t~~ ~~II~~~~~::." o~:n:::e !"'tt~! =~te and d.dlcot. to In wltn ... wh .... of .ald Fayr S Prop.rtl .. , Ino., on M:r:ono corporation. hoe cau,.d th ••• pr ••• nt. to be "'9"ed by It. p'ope" offlc¥ thle doy of 188_ ~CNEO: FOUR S PROPERT1fS. INC. By. It'. ______________ _ STAlE OF t.rINNESOTA ~~~ ---------------------- Th. l4regolnQ Inetrument WG. ocknOWledOH b.'OI'. me thl. do)' 0' , •• __ by the 0' F,;u,. S P"~ertt ••• Inc .• an Ari.onG corporation, on behalf 0' .old oorpOf'atlon. Motor)' Public. County. Wlnnnoto My commtuion .xplr'_ I hereby certify that I how 81.11'Va)'tld and plott~ the lond cM,crlb.ct an &hI. plat o. PRAIRIE GREEN. thot thl. pial. .. a co".ct r.p,.....,toUon 0' IICIId .... rv.y. thol 011 dietOlic. or. cOITo>cUy shown on .ald plot In f •• t and hundredlh. of a toot: thol all manum..," hove b .... oon.otly plooed In lhe 9f,;und o. aho"," on eoId plot; ~~~::eln~tS'%:.M."::t~~1~ ::e~:;;:;~~~:~~:It! d..~!t~dot~""~"~I!~.ot th". ore no w.tlondl. o. Uo)'d £. Pe •• land Su~)'Or Minnesota llcen •• 18421 STATE OF WINN[SOTA ~~~ ------------------ 'the 'or~ turv.yor··tf:~t·b;~O;:~o~~~:';!.~;.,th~ .. oto lk:en •• No. 1&~°-l1.0f NOtary Public, County, Ulnn.aoto U)' comml •• loft .xp ..... EDEN PRAIRIE .... HNE$OTA lhie plot of Pftlt.lftlE Gft[OI wo. opprOWd and Q(:~.ptod by the City Council 0' fden PrairIe, Ulnneaoto a' 0 ~:ab:~cn::g w!rt='~!~~: ond recommendation. ofd~~. O~omml"lon .. 0' T,.on'Por\:~tOn"Qnd :I.. ~:.!r ~~~7 ~-:~t!'°:4 b=~=~U~.!h:. a.!~.:::;.:tbr.:~~:tO 3gtot:,{e:~t~= ::.~ s:.1'd' 2. CIT'( COUNCil Of' EDEN PRAIRIE. NINN[SOTA 8y UO)lOf' By City "'0"09" TAXPA'YER SERVICES DI'-1StON, HENN[P'" COUNTY. UI'4N[SOTA ~:."ebJa=,I:~ .. that tox .. payobt. In '!~I and priOr ,...or-hOWl ~~or the tond cleacrlbad on thl' Patriek H. O·Connor. Hsnn.n County Auditor B)' O~ty $URVfY SEcnON,. H[NN£P!N COUNTY. MINNESOTA. P .... ~ant to UINt. stotut ... s.cUon 3a3e.~5 (tHt). thl. plot hoe bft,n oppro_d this ____ _ <loy 01 tO$ll __ Cor)' r. Cos.eU. H.nnepln County s-,.""""yor B), _________ _ REGlSlRAR OF nus. HENNEPIN C¢UNTY, MINNESOTA I h .... y eartl'y that the within ptot of PR .... RIE CRaN woe t"'d for ,..cord In thl. alflce .., .. o'clock do)' 0'... 1$11$11 _____ •• R. Don Cortaon. "89 .. tr« 0' nu._ 8y O-.put)' COUNTY RECORDER. HENNEPIN COUNTY. lroIIHN[SOTA I h.,eb)' certify that the wlthln plot ot PRAIRIE CREEN wa. fled for record In thl. otlleo thle =======:70"d~ of u, 188 _____ •• ft. Don Corteon, County RocOl'der By Deputy \1~b Hansen Thorp ~ Peilinen Olson Inc. ," ".......~ ..................... DATE: 04/15/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IJ. J. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Edenvale Crossing Business Center Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Edenvale Crossing Business Center subject to the following provisions: • Receipt of engineering fee in the amount of $1,146 • Receipt of street lighting fee in the amount of $2,858 • Receipt of cross access and maintenance agreement for the common driveways, parking lots, and storm sewer system • The requirements as set forth in the Developer's Agreement Background: The plat, located at the southeast corner of Anagram Drive and Valley View Road, contains 11.13 acres to be divided into three office/industrial lots, as proposed by CSM Corporation. The preliminary plat was approved at the City Council meeting March 18, 1997. Second Reading the Rezoning Ordinance and final approval of the Developer's Agreement is scheduled for the April 15, 1997 City Council meeting. JJ:ssa cc: Joan Kuschke, CSM Corporation RLK & Associates , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF EDENV ALE CROSSING BUSINESS CENTER WHEREAS, the plat of Edenvale Crossing Business Center has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Edenvale Crossing Business Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 7, 1997. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 15, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk I I I ._--\---- I --"\., I ~ \ ;7 \ \ \ \ ~ \ ':J. \ ;.~' I I I I I I -, .. ' \ \ \ I \ \ \ I \ '. \ I I I I " '-'" ,\ /I EDENV ALE CROSSING BUSINESS CENTER ';,U. ST ,:,T'" 1ST Mii·1t·iESOT t. T!~EE \ ,;·!.X!!"T!(·'· \ i .. S .. OO~'~",-! ________ ~3::'~ _ ~ ____ .. ______ .~> .~_. _ .. .i. ___ \._.-,._,:' .. ,.-.------~ ; ,~ I"~~.'t· J(t-'${IO.J OCCD) S SS·SS' Ja" E \ .,\ 1~9..88 ,-Ci ... r"~ \j l~ . -'-' :.l o c I \ \ \ \ I \ \ .~ .' . .... '. \-:.\ ~\ "" .... 1 •. ~~-~~.~ \ .t.~~~ \ .. '$ \ ,. I ". i . \ ' .. \ ~.,. .".' ....... \\ \1 , ' \ . \j to ~s ... ~ I\~;~ ,; i o . 1"1.. 1 I~ .... I \~'i \f, ~ I \ I :~ \ I : \. . I II ' . ~'I.I!lL ----------------1------------------__ !'~~-'!M~~~~"}:~ ~'!'~~--------------------/ ,;,'fi",.?;} ""., 100 200 300 400 SC:A~E IN (I OCHOTES lION t.IOfUrIENT SET " JIIIARKED LLS 239U. • DENOTES RON ~Nr rOtH). 8AStS F'OR BEARtCS IS ASSUt.C>. 3 ORA""AGE At.C UTU1Y EASEKNTS ARE SHOWN TItJS,; ""' .......... """",._/-Y sellON 1'-10WNSMJ1' I" NOJn' .... RMIGt :2 west DATE: 04/15/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: JJJ, -1<. DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Hills of Eden Prairie Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Hills of Eden Prairie subject to the following items: • Receipt of engineering fee in the amount of $1,517 • Receipt of street lighting fee in the amount of $1,012 • Receipt of conservation easement for the protection of trees and wetlands • Satisfaction of bonding requirements for the installation of all public utilities • The requirements as set forth in the Developer's Agreement Background: This plat, located west of Bryant Lake Drive adjacent to Wooddale Church, contains 14.84 acres to be divided into 16 lots for the construction of 37 townhome units. The preliminary plat was approved by the City Council September 24, 1996. Second Reading of the ReZoning Ordinance and approval of the Developer's Agreement was completed November 5, 1996. JJ:ssa cc: Dave Pavelka, 8460 Montgomery Court, E.P. 55347 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF HILLS OF EDEN PRAIRIE WHEREAS, the plat of Hills of Eden Prairie has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State ,of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOL YED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Hills of Eden Prairie is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 8, 1997. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 15, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 2. ~ ~ HILLS OF EDEN PRAIRIE ~ ~~ ~; i 16 ~\. N81~~:~rE __ _ ~ " , ~:.1 " .... ,. 'L"'-r1-~"' ... "".::" I 'SU;l'CY' 1,:,\ i : ~ SU;lW" I I '\-'\ --;tliY' I il 16 c,'t-- o 9 8 4 \~ a I 3 'of. " ~:<, J." .... ~41w. // /",t/I/ :~i :~£ I 1 :.'" .p sw ...... "'-87~S9 s.c." T~ ..... , '" "B9'89~JI.. (....... ... :''r".'f..:. "t":.~ ~;,t.ru ~ -<fr !JO 50 100 150 .. ! Scole in feet o -Denot.. found Iron pipe • -DeftOtu 1/2-1nch • 14-inch Nt Iron pipe morkGd bJ LieM" 11008. Searl!'91 I/'Iown ant boeod Of! tn. Sowu. lin. 0' :v~ :! :u:.¥~~ IN ~~~.~21i:. // 16 16 SEE SHEET 3 Of J SHEETS FOR EASEMENT INFORMATION '\ PLAT FILeNO. C.R. DOC. NO. NOo"112'~6"E 7'2. ---::>"I- ;~: "·0 Elf ~ o ~ I-~ !D ... ~~ ";0> -'" .. :, l1 ~-~~~ SCHOELL .. MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES SHEET 2 OF 3 SHEETS DATE: 04115197 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: !V.L, SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Mitchell Village 2nd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Mitchell Village 2nd Addition subject to the following conditions: • Receipt of engineering fee in the amount of $2,214 • Receipt of street lighting fee in the amount of $774 • Satisfaction of bonding requirements for the installation of public improvements • The requirements as set forth in the Developer's Agreement Background: This proposal is Phase II of Centex Homes Mitchell Village project located north of Anderson Lakes Parkway and east of Mitchell Road. The plat is a subdivision of Outlot C of the 1st Addition containing 10 lots for the construction of 54 townhouse units. The preliminary plat was approved July 2, 1996. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed August 20, 1996. JJ:ssa cc: Ryan Giddeon, Centex Homes I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF MITCHELL VILLAGE 2ND ADDmON WHEREAS, the plat of Mitchell Village 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and . WHEREAS , said plat is in all respects consistent with the City plan and the regulations and requrrements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Mitchell Village 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 7, 1997. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 15, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 8l i ~I 1; .. .. II -i f.s.t ~ c:S IlIa ~ I :t tid i ! U .. t ttl) $ a i !o! ) ! ~ $" .. C "I JHl .. a: t 1 ~~ Jfl .. I ~ j ~ ~ °If i'! 'I ~ ~ ~~1 I ~ .. 1 i i-~'a I j ~ ~ b r if J 5 1 j j ~ i ~ J ~ ~ .t :it 1 ri <'4 & ! ~i l"liU ~ it I ~ h ! ;) It~t~ i i IJ t ~ if, .!a t-; ~ I;J! C J~ 1 js J is ~~iIJ 0 t.; b ,,~ 3~_ h t'* H 8 ~ b It-b r g jJ J l!J ~ Q u~i r I ~ " .... ;; j 1: 1 I ~ >-liill.! i'!' ~. jS j If ri,~J ~ A II 1 ! ~U~~ ;'1 " ~.! 3 a: } ~i :I! ~ te~51 J UJ '" cf'a .§ « ~~~lU ~ t! l £ tt Q! C'i Z ~ -~ ~ -.... -' ;::! W ~ "If .! Ii I .! CC II f i ! ij j ~l'~ I ~ iii; ~ ~ l! j 1 ~ ~~11 :i 0-I~ 3 3 -.I 6 ! f~ l S ~!lC A itl '1; .; "1-.! ~ ~t 51$1= " Co I ~5Ui .; j i~ 1 h 1 iiii' h ~t'; ~ ... II. ! i I fa l f i ~~ j n " ! "If i lfj l~ '1; 1~ j ~! 1 ::J.i i .. Ja ~z t .-. l! I ~I ~ H ~ Ii $-~ .. u I U 51 1;1 ~ U 1; II! ! 1;j ~~ .. t" 1iui " ,(l I~ r l 1; "'I .. 1~ I if tJ § ~~ S~ $ ~~ .. ~!tl E .;~ ~. I ~ .. t QI .. t-.n.! tI..!:!i & -:~Jl j t ~ ~t 1 iSh~ Ell ~hH I 10m ° t 3 i~'" Hj ~'1; ~ l~ ! j.!. .!s ~.b § il " 1'::"1 {l,." i h Ui§: I j!A § 11 I' "I ~ i 31 Ii U .! I~ ~ ~~ 3i ~Il ~! ~~f ~"i- 1 II! :! ~ I 11~1~ ;~ i j~ l i'! Ht :: i ... 'i i'!U -01]"1-~t ~ .. r i~tJI 1 0 .. I is S b"··S lad i-."I1;S ~ s 1.:1 I~ "1-~~ d i H !i I ~~l'l j'~ .1-' a~f~ ~ .j ~dlt II! ~I .. 15 " a i ... .. -• I I I=:] :W 10: ICL ( :z l"JCf11ao't ~ l iii ~ ... ~ j ; 1 u ~~ I :1 ! !I ~ .I P .. ! .. J.~'.OO N. ~ "". DATE: 04/07/97 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: 1Y. (1) . SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Bearpath Townhomes 4th Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Bearpath Townhomes 4th Addition subject to the following conditions: • Receipt of engineering fee in the amount of $257 • The requirements as set forth in the Developer's Agreement Background: The preliminary plat was approved by City Council November 21, 1993 per Resolution No. 93- 219. Rezoning of the property and execution of the Developer's Agreement was done December 21, 1993. JJ:ssa cc: Steve Schweiters, Wooddale Builders, Inc. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARPATH TOWNHOMES 4TH ADDITION WHEREAS, the plat of Bearpath Townhomes 4th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Bearpath Townhomes 4th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 7, 1997. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 15, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 1\ / \ I \ 0 0 <.0 <.0 ~ -IX) r0 .- 9 10 0 (/) BEAR"P ATR TOWNHOMm4 TH 0 0 u1 0 0 u.I -IX) u1 ~ -.- ~ 9 IX) r0 10 0 (/) .- \ ····...:······t ~ ... S84'58'22"W 50.00 \~."""'" ..... --: .. 46.00 4.00 0 \0 0 r·, (/) " " S84'58'22"W 50.00 .. , r, r, " -1-1 1 1-<' I-" I \ I t--i -1 \ 1 I \ I I 1 0 /,\ , , , , , -,-, ,-" , 0 '-.; , , /,\ -,-, , , .-3 I.. -'-" , r- I -IX) 0 0 3 0 3 2 ~ 0 to -IX) .- 9 .- <.0 ~ 10 r- BLOCK .- 0 9 z 10 0 z -1-"" \ A I " I I I I \ I \ r I \ I I ,/ y y I 'I 46.00 50.00 S84'58'22"W 146.00 • DENOTES IRON MONUMENT BEARINGS ARE ASSUMED " ..,,, S84'58'22"W 46.00 1 1 1", , , 1.. ... I I '" , " A t--i I I I \I I I I ,/ I I 50.00 ,. r- t-- L_ 4 -j EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Director of Public Works DEPARTMENT: Public Works Eugene A. Dietz Requested Action: ITEM DESCRIPTION: Lease Agreement Building at 7920 Wallace Road DATE: 04/15/97 ITEM NO: TV. N -. Adopt resolution approving agreement with MnDOT to lease the building at 7920 Wallace Road from April 3 to October 31, 1997 at a cost of $10,500. Backgrourid: Sheehy Construction will commence the reconstruction of the Parks and Public Works Maintenance Facility beginning April 7, 1997. The loss of this storage space along with the construction activities for the Water Plant Expansion and the anticipated loss of storage space in the building we own adjacent to the Senior Center have resulted in a "space crisis". The maintenance building is scheduled for completion on November 15 and staff has developed the following locations for satisfying the interim needs: • All new replacement vehicles are being stored in the old Police Department parking lot • Additional equipment that can be left outside is being stored in the parking lot south of the old police building • Snow plows will be stored at the MnDOT maintenance facility on Bryant Lake Drive • Materials are being stored at the Park & Ride lot on Martin Drive, which is no longer being used by Southwest Metro • This proposed lease agreement with MnDOT for the W.Gordon Smith Oil building at the southwest comer of Highway 5 and Wallace Road MnDOT took possession of the W. Gordon Smith Oil Company approximately March 1 after acquiring it for TH 212 right-of-way purposes. The building is approximately 9,000 square feet and will store equipment for three operational areas -Parks, Streets and Utilities. Additionally, we anticipate using the paved areas to park our fleet of dump trucks and using the building as a morning staging area for the Street Division. Although MnDOT was planning to let a demolition contract this summer for removal of the W. Gordon Smith building, they have agreed to delay that contract and lease the building to us instead. MnDOT staff has recognized the difficulties imposed on city operations due to the delayed purchase agreement for our maintenance facilities and have offered a very attractive lease at $1,500 per month for the building and premises. If the building is still available and we still need it (very likely) MnDOT will do a month-by- month extension to the lease. Financial Implications: Parks, Streets and Utilities will each contribute one-third of the cost of the lease. Each Division will obtain those funds from their existing 1997 operation budget. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. Approve Lease Agreement with MnDOT for Property at 7920 Wallace Road WHEREAS, the City of Eden Prairie has a short term need for equipment and material storage; WHEREAS, the Minnesota Department of Transportation (MNDOT) has recently acquired the premises commonly known as 7920 Wallace Road for right-of-way purposes necessary for Trunk Highway 212; WHEREAS, MnDOT is willing to delay demolition of the building at 7920 Wallace Road in order to allow the City of Eden Prairie to utilize the building for short term storage needs; and WHEREAS, MnDOT has prepared a commercial lease (Lease No. H-05830) for Parcel 56, S.P .2762 (212-260) 920 that identifies the permitted uses and conditions under which the city may utilize the premises at 7920 Wallace Road. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said lease is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on April 15, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk 2 S.P.: PARCEL: Minnesota Department of Transportation Office of Land Management Transportation Building Mailstop 631 395 John Ireland Boulevard St. Paul r Minnesota 55155-1 899 (612) 296-9744 or 297-3561 2762 (212 ~ 260) 902 56 COMMERCIAL LEASE LEASE NO.: H-05830 BILLING NO.: 270026 THIS LEASE, made the 3rd day of April, 1997, at St. Paul, Minnesota, by and between the State of Minnesota, Department of Transportation ("Landlord"), and the City of Eden Prairie ("Tenant") . Address for Notices: City of Eden Prairie ATTN; Gene Dietz, Director of Public Works 8080 Mitchell Road Eden Prairie, MN 65344 -2230 WITNESSETH In consideration of payment of the rent hereinafter specified to be paid by Tenant, and the covenants and agreements herein contained, Landlord hereby leases to Tenant that certain property ("Premises") in the County of Hennepin, State of Minnesota, the address of which is 7920 Wallace Road, Eden Prairie, Minnesota. Type of Property: commercial building and land Legal Description: That area outlined in red on the attached EXHIBIT "A", which EXHIBIT "A" is hereby incorporated as a part of this lease, including improvements, if any, for the term of six months and twenty-eight days commencing on April 3, 1997 and ending on October 31, 1997, with the right of termination in both Landlord and Tenant as hereinafter set forth. IT IS AGREED: 1. RENT. Tenant will pay to Landlord as rent for the Premises the sum of $10,500.00, payable in two equal payments of $5,250.00. The first payment is due with the signing of this lease. The second payment is due on or before August 1, 1997. Rent payments are to be mailed or delivered to Landlord's finance office as follows: Department of Transportation Office of Financial Management Accounting Department 461 Rice Street St. Paul, Minnesota 55103 2. PREPAID RENT. (Paragraph deleted.) Make checks payable to: Commissioner of Transportation 3. USE OF PREMISES. Tenant will use the Premises for tho following purpose only: storage and work dispatch area. It will be the sole responsibility of Tenant to comply with all laws, regulations, or ordinances imposed by any jurisdiction governing the use of the Premises. Failure to comply will not relieve Tenant of the obligation to pay rent. Tenant's use of the Premises must not interfere with the public's use of any adjacent highway. 4. MAINTENANCE AND REPAIRS. Tenant will keep the Premises in good condition at Tenant's own expense, and will not call on Landlord to make any improvements or repairs. 5. CHARGES AND EXPENSES. Tenant will pay when due all utility charges and any other charges or expanses connected with Tenant's use of the Premises. 6. NOTICES. All notices herein provided to be given, or which may be given, by either party to the other, will be deemed to have been fully given when served personally on Landlord or Tenant, or when made in writing and deposited in the United States Mail and addressed as follows: To Tenant at the mailing address above stated and to Landlord, Department of Transportation, Office of Land Management, Transportation Building Mailstop 631, 395 John Ireland Boulevard, St. Paul, Minnesota, 55155-1899. The address to which notices are mailed may be changed by written notice given by either party to the other. 7. CANCELLATION. This lease will be subject to cancellation by either party at any time during the term hereof by giving the other party notice in writing at least 30 days prior to the date when the cancellation will become effective. Furthermore, this lease will be subject to cancellation by Landlord if the Premises become needed for highway purposes (as determined solely by Landlord) by giving Tenant notice in writing at least 10 days prior to the date when the cancellation will become effective. In the event of cancellation any unearned rent paid by Tenant will be returned. 8. INDEMNIFICATION AND RELEASE. Tenant will defend, indemnify, save harmless, and release Landlord and Landlord's employees from and against all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Tenant and Tenant's property) occurring on the Premises or connected with Tenant's use and occupancy of the Premises, regardless of whether such injury, death, loss, or damage is caused in part by: (i) the negligence of Landlord or (ii) is deemed to be the responsibility of Landlord, because of its failure to supervise, inspect, or control the operations of Tenant or otherwise discover or prevent actions or operations of Tenant giving rise to liability 'to any person. 9. LIABILITY INSURANCE. Tenant will maintain during the full term of this lease a policy of public liability insurance with the following minimum limits of liability: Bodily Injury and Property Damage Combined $600,000 Each Occurrence $600,000 Aggregate The insurance policy will include the coverage provided by a policy consistent with the risk involved. Prior to execution of this lease by Landlord, the Tenant will have a Certificate of Insurance sant to Landlord as proor of coverage. The Certificate will name the State of Minnesota as Additional Named Insured and will designate the leased Premises as the location covered by the policy. 10.. FIRE INSURANCE. None required. Tonant will make no claim against Landlord arising out of any loss to the Premises. 11. RIGHT TO ENTER. Tenant will allow Landlord and Landlord's contractors and authorized licensees to enter upon the Premises for any of the following purposes: to survey the land, to take soil borings, to perform utility relocation or repair work, or to perform any other work which is preparatory to a highway construction project; also to make emergency repairs required for highway safety. If any of these operations substantially restrict the Tenant's use of the premises, rent will be reduced proportional to the restricted use of the Premises during the period of the restricted use. The reduction (or aba·tement) of rent will be Tenant's only claim against Landlord based on such restriction (or abatement) of use. Tenant will allow Landlord to inspect the premises and to show tho premises by appointment to prospective contractors. Before entering the Premises for any of the purposes under this paragraph 11, Landlord will make a reasonable effort to notify Tenant, provided, however, that in case of an emergency affecting highway safety (the existence of which will be determined solely by Landlord), if Tenant is not present to permit entry onto the Premises, Landlord or its representatives may enter without notice to Tenant, and for such entry Landlord or its representatives will not be liable to Tenant. (See also Paragraph 20, Additional Agreements). 12. ADJACENT HIGHWAY FACILITY. Paragraph omitted. 13. ASSIGNMENT AND SUBLETTING. Tenant will not assign this lease or sublet the Premises, in whole or in part, without the written consent of Landlord. 14. CIVIL RIGHTS ACT. Tenant will not discriminate on the ground of race. color, sex, or national origin against any person in access to and use of the facilities and services operated or otherwise maintained on the Premises; and Tenant will operate and maintain such facilities and services in compliance with Title VI of the Civil Rights Act of 1964, and Title 49 t Code of Federal Regulations, Part 21 . 15. DEFAULT BY TENANT -LANDLORD'S REMEDIES. The following occurrences are "events of default": (A) Tenan.t defaults in the due and punctual payment of rent, and such default continues for five (5) days after notice from Landlord; however, Tenant will not be entitled to more than one notice for default in payment of rent during any twelve month period, and if, within twelve months after any such notice, any rent is not paid when due, an event of default will have occurred without further notice. (B) Tenant breaches any of the other agreements, termst covenants, or conditions which this lease requires Tenant to perform, and such breach continues for a period of thirty (30) days after notice by Landlord to Tenant. At any time after the occurrence of either of the above events of default, Landlord may terminate this lease upon giving written notice to Tenant and may then re-enter and take possession of the Premises in such manner as allowed or provided by law. Tenant will pay Landlord all costs and expenses, including attorney's fees, in any successful action brought by Landlord to recover unpaid r'ent, or to recover damages for breach of any of the other covenants, agreements, terms, or conditions which this lease requires Tenant to perform, or to recover possession of the Premises. , 6. HOLDING OVER. If Tenant remains in possession of the Premises after the end of this lease with the consent of Landlord, express or implied, Tenant will occupy the Premises as a Tenant fr'Om month to month, subject to all conditions, provisions, and obligations of this lease in effect on the last day of the term. In the event of such holdover, the monthly rent will be $, ,500.00. 17. MOVING OUT. At the expiration or sooner termination of this lease, Tenant will leave the Premises in as good condition as when delivered to Tenant (except for ordinary wear). 18. SALE OF PREMISES. Paragraph omitted. 19. RELOCATION ASSISTANCE: Persons, businesses, farms, non-profit organizations, and other entities (hereinafter collectively referred to as TENANT) displaced by cancellation or termination of this Lease, or by moving out prior to cancellation or termination of this Lease, are not classified as "displaced persons" and are NOT eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of ·1970 and its amendments. By signing this agreement, TENANT affirms that they are not a displaced person. 20. ADDITIONAL AGREEMENTS. (A) Vehicle Maintenance (i) Tenant is prohibited from performing any heavy maintenance on site, such as engine overhaul or painting of any sort. (ii) Tenant is allowed to perform light vehicle maintenance such as changing oil, changing headlights, and changing batteries. (iii) Light vehicle maintenance shall be performed only on paved surfaces. 1 --------------------------------------- (8) Hazardous Substances (i) Tenant shall not cause or permit any pollutant. contaminant, or hazardous substance, waste t or material to be used, stored, generated, or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors, or invitees, other than those pollutants! contaminants, or hazardous substances, wastes, or materials commonly associated with maintenance activities allowed under Paragraph 20.A. of this Lease-If pollutants, contaminants, hazardous substances, wastes, or materials are used, stored, generated, or disposed of, on, or in, the Premises, or if the Premises become contaminated in any manner, or if the Tenant has caused or allowed the Premises to become contaminated in any manner by pollutants, contaminants t or hazardous substances, wastes, or materials during the term of this Lease, Tenant shall indemnify and hold harmless the Lessor from any and all claims, damages, fines, judgements, penalties, costs, liabilities, or losses, (including, without limitation, a decrease in value of the Premises, damages caused by loss or restriction of rentable or useable space, or any damages caused by adverse impact on marketing of the space, and any and all sums paid for settlement of claims, attorney's fees, consultant and expert fees), any personal injury, (including wrongful death) or property damage (real or personal, including damage to environmental resources,) arising during or after the Lease term and arising as a result of that contamination. This indemnification includos,· but is not limited to, any and all costs incurred because of any investigation of the site or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision. This indemnification is intended to, and shall, survive the termination of this Lease. Without limitation of the foregoing, if Tenant causes or permits the presence of any pollutant. contaminant, or hazardous substance, waste, or material on the Premises and that presence results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the contamination. Tenant shall first obtain Lessor's approval for any such remedial action. (ii) As used herein, nhazardous substance(s)" means any substance, material, or waste that is toxic, ignitable, reactive, or corrosivB, and that is regulated by any local government, the State of Minnesota, or the United States government. (iii) Any pollutant, contaminant, or hazardous substance, waste, or material permitted on the Premises as provided above, and all containers therefore, shall be used, kept, stored, and disposed of in a manner that complies with all federal, state, and local laws or regulations applicable to those pollutants, contaminants, or hazardous substances. wastes, or materials. (iv) Tenant shall not discharge, leak, or emit, or permit to be discharged, leaked, or emitted, any material into the atmosphere, ground, sewer system, or any body of water, if that material (as is reasonably determined by the Lessor or any governmental authority) does or may pollute the same, or may adversely affect (a) the health t welfare, or safety of persons, whether located on the Premises or elsewhere, or (b) the condition, use, or enjoyment of the building or any other real or personal property. (C) Underground Storage Tanks (i) Tenant understands that Landlord intends to remove underground storage tanks located on the Premises. (ii) Tenant is not allowed to usa underground storage tanks. (iii) Tenant will make every effort to accommodate landlord's removal of the tanks, and agrees to abide by the provisions of Paragraph 11. RIGHT TO ENTER, in conjunction with this work. (iv) Tenant will not install, nor allow any underground storage tanks to be installed on the Premises. (D) Warehouse Area Product Tanks Tenant acknowledges the presence of product tanks within the building and agrees to cooperate with Landlord or Landlord's agent(s) by permitting access to said product tanks for purposes related to removing the tanks. 21. ENTIRE AGREEMENT. This lease contains the entire agreement between Landlord and Tenant with respect to its subject matter and may be amended only by subsequent written agreement between them. Except for those which are set forth in this lease, no representations, warranties, or agreements have been made by Landlord or Tenant to one another with respect to this lease. q 8> o Q) ----------- = 1355" I o o a { }scn. TREES .-------t +-'--.-----"l) o C~ PARCEL 2-1.9A \ \ '-. \ ,', ,,( . Rl T PAliK I"IG 1 P ,~ o . \ EXHIBIT· A \ \ ~\ ~A>IO TENANT CITY OF EDEN PRAIRIE Signature ___________ _ Print Name ____________ _ Title._ .... ". . ..... " ." .... ___ .... _. __ .. Date ____ . Signi!lture Print Name_ Title _________ Date ___ _ LANDLORD. STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COMMISSIONER OF TRANSPORTATION By Date M,mUt H. Urlll." OlrtJqt(lr OfficII ot L.r,d M.1'I*mer,t Approved as to form and execution FOR THE ATTORNEY GENERAL By Title Date ACKNOWLEDGMENT FOR TENANT STATE OF MINNESOTA COUNTY OF On thiL ... IN.,,,,1 IN"",,,l Iss. l ,19_, and .... , personally known to me, did swear that they are respectively the ---. __ .. __ . ______________ --Gand of the City of Eden Prairie mil", did execute this instrument on behalf of the City of Eden Prairie. NOTARY PUBLIC My Commission Expires: _______ _ /I EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-15-97 SECTION: PUBLIC HEARINGS ITEM NO. V. A , DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger Townplace Centre Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading ofan Ordinance for PUD District Review on 10.59 acres and Rezoning from Rl-22 and Public to C-Regional Service on 10.59 acres; • Approve a Resolution for PUD Concept Review on 10.59 acres; • Approve a Resolution for Preliminary Plat of 10.59 acres into 4 lots and 1 outlot; Background: The Planning Commission voted 5-0 to approve the project at the March 24, 1997 meeting. Supporting Reports: 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Planning Commission Minutes dated 3-24-97 4. Staff Report dated 3-21-97 5. Correspondence I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. TOWN PLACE CENTRE RESOLUTION APPROVING THE PRELIMINARY PLAT OF TOWN PLACE CENTRE FOR CSM LODGING, LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Townplace Centre for CSM Lodging, LLC dated April 8, 1997, consisting of 10.59 acres into 4 lots and 1 outlot, 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 15th day of April, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. TOWNPLACE CENTRE A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF TOWNPLACE CENTRE FOR CSM LODGING, LLC WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Townplace Centre PUD Concept by CSM Lodging, LLC 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 April 15, 1997; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: l. Townp1ace Centre, 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 8, 1997. 3. That the PUD Concept meets the recommendations of the Planning Commission dated March 24, 1997. ADOPTED by the City Council of the City of Eden Prairie this 15th day of April, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk Exhibit A Townplace Centre Legal Description Lots 5,6 Auditors Subdivision n. 335 and Lots 4 -10, Block One, Leona Addition, and Lots 7,8,9, Block Two, Leona Addition ---------------------------------------------- PLANNING COMMISSION MINUTES March 24, 1997 Page 2 B. TOWNPLACE CENTRE by CSM Lodging, LLC. Request for Rezoning from Office to C-Regional Commercial and from Public to C-Regional Services on 10.59 acres, Site Plan Review on 10.59 acres, PUD Concept Review on 10.59 acres, PUD District Review on 10.59 acres and Preliminary Plat on 10.59 acres. Location: North and South of the intersection of Leona Road and Den Road. Dave Carlin representing CSM Lodging, LLC introduced Gary Tushie, Tushie Montgomery Architects. Carlin reviewed the history of the development and described the project they are proposing. He described the businesses that will be located within the proposed development. He outlined the construction schedule for the Development. Tushie reviewed the site plans and described the sight lines and building elevations. One option for this development would be a restaurant or a retail store. There will be two hotels and the Office Depot store with parking spaces located in between to separate the hotels from the retail uses. He described the materials that will be used in the construction of the development and showed building renderings. Foote asked if the Office Depot would be the typical size found throughout the Twin Cities area and Tushie responded it would be a mid-sized store. Kardell inquired if the Residence Inn was a local chain, and Carlin responded that it was located primarily on the East Coast at present and was designed for people who needed a place to stay for a number of days; usually longer than one would stay in a regular hotel, but not long enough to require rental of an apartment. They would typically be used by upper management personnel or people who were in the process of moving into the area and need a place to live until their homes are ready. Kardell asked about the type of restaurant and Carlin reviewed the options they have looked at for this site. Habicht asked about the preferred alternative for the church site and Carlin responded that they prefer the bageVcoffee shop idea but it was not definite at this time. The Borders Bookstore has a relationship with a coffee vendor and they will have a say in who gets to go into the development. Clinton asked about the location of the signage and Tushie illustrated the sign locations on the site plans. Franzen reviewed the staff report and stated staff recommended approval of the requests subject to the stipulations in the staff report. He illustrated where the future off-ramp from eastbound 1-494 would be located but noted that there are no plans available from MnDOT at this time. Kardell inquired if something should be in effect to require the developer to replace the lost parking when the off-ramp is constructed and Franzen responded that it will be the responsibility of MnDOT to replace it. Foote asked about the tree loss from the project and the requirements for replanting as he had observed some fairly large tree stumps on the site. Franzen responded this has been addressed in the landscape PLANNING COMMISSION MINUTES March 24, 1997 Page 3 plan. The developer will be replacing as many trees as will physically fit onto the site. The Public Hearing was opened. No one present wished to speak. MOTION: Foote moved, seconded by Kardell, to close the Public Hearing. Motion carried 5-0. MOTION: Foote moved, seconded by Kardell, to recommend to the City Council approval of the request ofCS Lodging, LLC for Rezoning from Office to C-Regional Commercial and from Public to C-Regional Services on 10.59 acres, Site Plan Review on 10.59 acres, PUD Concept Review on 10.59 acres, PUD District Review on 10.59 acres and Preliminary Plat on 10.59 acres based on plans dated March 21, 1997 and subject to the recommendations of the Staff Report dated March 21, 1997. Motion carried 5-0. Wissner commented that since the St. Paul Book and Stationery store had closed, the Office Depot would be a welcome addition to Eden Prairie and Clinton concurred. STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen City Planner March 21, 1997 Town Place Retail CSM Lodging, LLC. Eden Prairie Presbyterian Church, CSM Corporation, Highway 169, Leona Road, Highway 494, Prairie Center Drive 1. Planned Unit Concept Review on 10.59 acres 2. Planned Unit Development District Review on 10.59 acres. 3. Rezoning from Rl-22 and Public to C-Regional Service on 10.59 acres. 4. Site Plan Review on 10.59 acres. 5. Preliminary Plat of 10.59 acres into 4 lots and one outlot. 1 .~' .... ~1··· .:.:.>;) ~G\..~TREE LIJHDS CE~TER ADO Staff Report Town Place Retail March 21, 1997 BACKGROUND The west portion of this Planned Unit Development is the existing church. It is currently zoned public and guided commercial. The City changed the guide plan from public to commercial when the Office Depot and retail mall was reviewed 1995. The site received a first reading of the zoning to commercial, but the developer did not proceed to second reading and developer's agreement. The church has approval from the City to build a new church at County Road 4 and Pioneer. The west portion of the Planned Unit Development is currently zoned RI-22 and guided commercial. PLANNED UNIT DEVELOPMENT CONCEPT: The concept plan includes: • 24,640 sq. ft. Borders Bookstore • 7,700 sq. ft. (260 seat) Restaurant or 12,187 sq. ft. General Retail • 47 unit and 56 unit Hotel • 6,500 sq. ft. (200 seat) Restaurant • 25,000 sq. ft. Office Depot SITE PLAN: Borders Site There are two alternative site plans for this site. The first plan is a Borders Bookstore and restaurant. The second plan is a Borders and strip retail building. Both plans meet the required setbacks, parking, base area ratio, and floor area ratio requirements. Town Place Suites. Office Depot and Restaurant Site The site plan meets the required setbacks, parking, and base area ratio of the C-Regional Service Zoning District. Office Depot and the restaurant meet the floor area ratio requirement. Town · .. -~------------------------------------------------------------------- Staff Report Town Place Retail March 21, 1997 Place Suites requires a floor area ratio waiver from .40 to .76. Staff supports the waiver, since the Planned Unit Development floor area ratio is .33 . ARCHITECTURE: All buildings meet the 75% brick and glass requirement. All buildings have similar materials and colors. All rooftop mechanical equipment will be screened by a parapet wall. Ground mounted mechanical equipment, if proposed on the hotel site, must be screened by a brick enclosure. A building height waiver from 40 to 45 feet is needed for the hotel. This waiver is consistent with waivers for Amerisuites and Fairfield Inn across Highway 494. LANDSCAPING: The amount of landscaping required is based on caliper inches, screening of parking, screening ofloading, and tree replacement. The plan meets the caliper inch requirement. Parking areas can be better screened by adding a second row of shrubs to the single row proposed along 169 and Leona Road on the existing church site. The Borders and Office Depot buildings have a roof over part of the dock area that should be extended to the front of the building. This is similar to United Healthcare and Cub Foods. There are I, 101 caliper inches of significant trees on site. A total of 577 inches are part of a maintained landscape on the church site which was needed to meet city code requirements. A total of 154 inches are part of landscaping installed by previous homeowners on the north side of Leona Road. A total of370 inches (18 trees) are cottonwood, oak and maple, naturally occurring on the north side of Leona Road. Staff and the developer looked at alternative ways to locate building and parking to save naturally occurring trees. The scattered location of the trees makes it difficult to reduce tree loss to 40% (commercial average tree loss), unless the project is significantly reduc.ed in size. Since the overall base area and floor area ratios are less the maximum amount permitted, it would be unreasonable to reduce the size of the project further. All of the trees will be lost due to construction. Tree replacement should be as follows: 1. A 100% replacement for 370 inches of cottonwood, oak, and maple. This amount is 493 inches. The plan meets this requirement. 10 Staff Report Town Place Retail March 21, 1997 2. The City Council did not require replacement of planted trees for the 1996 retail plan on the church site. Later in the year the City Council reconsidered the policy of replacement of planted trees with the Eden Hills Townhouse project. The City Council required the developer to replace as many trees as was physically possible. UTILITIES: The caliper inch and tree replacement requirement is 1,093 inches. Based on a required minimum tree size of2.5 inches, a total of 437 trees would be planted. When this amount is compared to the number of significant trees lost due to construction, planted or naturally occurring (72), the developer is replacing 6 trees for every tree removed. The staff believes that the number of trees proposed to be planted is the maximum that the site can support given the amount of space needed to properly plant trees. Both sites are served by City sewer and water. Both sites have the required treatment ponds. OUTLOT DEDICATION-VACATION OF LEONA ROAD: Outlot A will be dedicated to the City in exchange for the vacation of Leona Road. The Outlot will be used for ponding in the short term. In the long term the outlot will be used for a ramp from 494. MnDot will be responsible for replacing any ponding. SIDEWALKS; There are existing sidewalks on both sides of Den Road and on the south side of Leona Road. The staff recommends a sidewalk in front of the hotel.. SIGNS: The proposed pylon signs meet City code for quantity, height, and size. The pylon sign on Den Road should be relocated to meet the required 20 foot setback. The wall signs meet City Code for all buildings. 1/ Staff Report Town Place Retail March 21,1997 STAFF RECOMMENDATIONS: The staff would recommend approval of the Planned Unit Development Concept Review, Planned Unit Development District Review, Zoning District Change from Public and RI-22 to Commercial Regional Service, Preliminary Plat, and Site Plan Review based on plans dated March 21,1997 and subj ect to the recommendations of the staff report dated March 21, 1997, and subject to the following conditions: 1. 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. 2. Prior to Building Permit issuance, the proponent shall: A. Pay the appropriate cash park fee. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit samples of exterior building materials for review. D. Submit a landscaping and screening bond for review. 3. Prior to grading, the proponent shall notify the City Engineer, Watershed District, and City Forester. 4. The following waivers from city code are granted as part of the Planned Unit Development District review in the C-Regional Service Zoning district: A. Waiver for floor area ratio from .40 to .76. B. Waiver for building height from 40 to 45 feet. 5. Concurrent with site construction the developer shall construct a sidewalk along the north side of Leona Road in front of the hotel. 11- EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-15-97 SECTION: PUBLIC HEARINGS ITEM NO. '1.B- DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger MTS WAREHOUSE EXPANSION Michael D. Franzen Krista Flemming, Intern Requested Council Action: The Staff recommends that the Council take the following action: • Adopt a Resolution for Site Plan Review. Background: At the March 24, 1997 meeting, the Planning Commission unanimously approved the project expansion. Supporting Reports: 1. Resolution for Site Plan Review 2. Planning Commission Minutes dated 3-24-97 3. Staff Report dated 3-21-97 I MTS EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR MTS EXPANSION BY MTS SYSTEMS WHEREAS, MTS Systems has applied for Site Plan approval ofMTS Expansion on 36.8 acres for construction of a 43,200 sq. ft. building addition located at 14000 Technology Drive; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 24, 1997, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its April 15, 1997, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to MTS Systems for the construction ofthe addition, based on plans dated April 8, 1997, between MTS Systems, and the City of Eden Prairie. ADOPTED by the City Council on April 15, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2 PLANNING COMMISSION MINUTES March 24, 1997 Page 1 A. MTS WAREHOUSE ADDITION by MTS Systems. Request for Site Plan Review on 36.8 acres. Location: 14000 Technology Drive. Don Fournier, with MTS Systems, introduced Brad Jones from EKT. Fournier reviewed the site plan and the addition to the building which will be used as warehouse area. Franzen reviewed the staff report and noted staff recommended approval of the request. Wissner commented that the original addition to the building which was done ten years ago was a good addition to the community and she believed this addition would be done in the same excellent manner. The Public Hearing was opened. No one present wished to speak. MOTION: Kardell moved, seconded by Foote, to close the Public Hearing. Motion carried 5-0. MOTION: Kardell moved, seconded by Foote, to recommend to the City Council approval of the request of MTS for Site Plan Review on 36.4 acres based on plans dated March 21, 1997 and subject to the recommendations ofthe Staff Report dated March 21, 1997. Motion carried 5-0. 3 STAFF REPORT TO: FROM: THROUGH: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Krista R. Flemming, Planning Intern Michael D. Franzen, City Planner March 21, 1997 MTS Warehouse Addition Don Foumier MTS Systems 14000 Technology Drive 1. Site Plan Review on 36.8 acres 1 I~ w. 78 TH CPi L-____ --________ ~--~ . , , , , I Vl, , .::l'/C· Cl.., ,~ ~ ...J ~I I ClJ v/ I DRIVe: ," ,." )( ,." f"l-__ C ',:', 1\ -.of Ie; ~.: I .. " < E Cf: I~\;A;.. 111 EACo';U: o ~:r:!'in:~ ::l1 F(:\JR ANAGRA),I IL---------~r_-- Staff Report MTS Warehouse Addition March 21, 1997 BACKGROUND The approved 1981 MTS Systems Planned Unit Development showed a total of 570,000 sq. ft on 53.6 acres. The first phase built was 290,000 sq. ft. In 1988, the building was expanded by, 140,000 sq. ft. The site is currently zoned 1-5. SITE PLAN The site plan shows a 43,200 sq. ft. addition. The base area ratio (based on 263,220 sq. ft.) is 16%. The City code allows 30%. The floor area ratio (based on 412,000 sq. ft.) is 25%. The City code allows 50%. The plan meets setbacks. The amount of parking required based on building use is 1430 spaces. The building expansion removes existing parking. There are a total of 1218 parking spaces available on the east and south sides of the building. MTS has 900 employees; 860 work during the day and 40 at night. Since present employment does not :fill the current spaces, adding 212 spaces, at this time, is unreasonable. Staff recommends a proof of parking plan for 212 spaces. There is additional room on site to expand on grade. Additional parking would be built if there are changes in building use, expansion, or additional employees. GRADING The expansion area is currently a paved parking lot which will be removed. Minimal grading is necessary for the building expansion. There are no significant trees that will be lost due to construction. ARCHITECTURE . The exterior materials meets City code and matches the existing building. UTILITIESIDRAINAGE Sewer and water service exist in Technology Drive. A pond is located on the site. LANDSCAPING The amount of landscaping required for this project is based upon a caliper inch requirement and screening of parking and loading areas. The expansion area requires l35 caliper inches. The. Staff Report MTS Warehouse Addition March 21, 1997 landscape plan provides 140 caliper inches. The existing parking and loading areas are screened. STAFF RECOMMENDATIONS The staff would reconunend approval of the Site Plan Review, based on plans dated March 21, 1997, and subject to the recommendations of the staff report dated March 21, 1997, and subject to the following conditions: 1. Prior to final plat approval, the proponent shall: A. Submit detailed stonn water runoff, utility and erosion control plans for review by the Watershed District. B. Submit detailed stonn water runoff, utility and erosion control plans for review by the City Engineer. 2. Prior to Building Pennit issuance, the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. C. Submit a landscaping and screening bond for review. DATE: 04/15/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Public Hearing ITEM NO: l/" r- DEPARTMENT: ITEM DESCRIPTION: Engineering Division Transportation Element of the Comprehensive Municipal Plan Alan D. Gray Recommended Action: Staff recommends approval of the resolution adopting the Transportation Element of the Comprehensive Municipal Plan. Overview: The proposed Transportation Element is titled Draft Transportation Plan, City of Eden Prairie, and dated March, 1997. The foundation for the transportation plan is a traffic analysis that forecasts the traffic volumes for all significant street segments in Eden Prairie for the year 2015. This forecast considered the anticipated level of development in Eden Prairie as well as surrounding communities. For the purpose of this study Eden Prairie was considered to be fully developed by the year 2015 when it is expected to have a population of 62,000 and employment of approximately 58,000. Two traffic forecasts were prepared and are presented on Figures 7 and 8 in the plan. Figure 7 presents the traffic volumes with a fully constructed Highway 212 connecting to the Cologne bypass. Figure 8 presents traffic volumes with a partially constructed TH 212 ending at CSAH 4. Figure 6 in the report presents current traffic volumes within Eden Prairie. It is interesting to compare the projected traffic volumes shown in Figure 7 and 8 with existing volumes shown in Figure 6. The traffic volumes in Figure 8 were used to determine which roadway· segments within Eden Prairie should be upgraded by the year 2015 to manage anticipated traffic. This plan for roadway improvements is presented on Figure 10. Implementation of the plan is discussed beginnirig on Page 30 and presented in Table 3 as a Transportation Capital Improvement Program. The plan also discusses the present and future rolls of transit, bicycle and pedestrian facilities. Primary Issues: The plan anticipates the need to upgrade several city street segments that will be sensitive to adjoining residential neighborhoods. These segments include portions of Valley View Road, Scenic Heights Road, Anderson Lakes Parkway and Mitchell Road. For any of these projects to proceed, significant study and input from the adjacent residential neighborhoods will be required. I City Council Meeting, April 15, 1997 Public Hearing Transportation Element of the Comprehensive Municipal Plan Page 2 of 2 Financial Issues: The plan anticipates the city's share of transportation improvements to total approximately $40,000,000. The anticipated revenue sources are Municipal State Aid, Special Assessments, and TIP Funds. It is anticipated that approximately 26% of revenue. will need to be.derived from special assessments. To accomplish this a high percentage of projects supporting developing areas will need to be financed by special assessments. It is also important to the [mancial feasibility of the plan that the portion of State Transportation Funds allocated to the Municipal Account (MSA System) is maintained at the current level. 2- i Ii I COMPREHENSIVE TRAFFIC PLAN 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 Transportation Element of the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the Plan was reviewed and approved by the Eden Prairie Planning Commission on April 14, 1997; and, WHEREAS, the Transportation Element 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 Transportation Element of the Plan subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 14th day of April, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims 4-15-97 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI Checks 51146 thru 51556 Wire Transfers WT000022 thru WT000029 ActionlDirection: Approve payment of claims. COUNCIL CHECK SUMMARY DIVISION N/A LEGISLATIVE GENERAL SERVICES EMPLOYEE BENEFITS DATA PROCESSING CITY MANAGER FINANCE HUMAN RESOURCES COMMUNITY SERVICE ENGINEERING INSPECTIONS FACILITIES ASSESSING CIVIL DEFENSE POLICE FIRE ANIMAL CONTROL 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 PUBLIC IMPROV PROJ DEBT SERVICE PAYMENTS SPECIAL ASSESSMENTS CITY CENTER SW METRO TRANSIT SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW PRESERVE WATER DEPT SEWER DEPT STORM DRAINAGE AGENCY FUNDS EQUIPMENT ADA 09-APR-1997 (17:51) TOTAL $126.85 $12,589.07 $11,418.17 $9,606.50 $23,111.95 $401.50 $225.00 $3,520.56 $10,733.05 $371.68 $566.62 $10,824.78 $580.50 $155.79 $19,657.35 $3,224.72 $568.91 $8,652.87 $9,101. 06 $714.61 $23,404.17 $2,779.38 $1,452.42 $26,523.74 $2,882.91 $131. 82 $13,053.32 $107.58 $435.48 $153.12 $407.00 $2,893.43 $64,190.76 $210,633.29 $3,530.01 $187,500.00 $108.76 $86,617.64 $130,687.52 $35,630.88 $49,447.89 $6,416.59 $2,880.32 $3,553.49 $116,282.88 $1,040.39 $1,098,896.33* COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT VENDOR S1146 S1147 S1148 S1149 S~~SO Sl1S~ Sl1S2 Si~S3 Sl1S6 51157 511S8 511S9 S1160 5116~ 51162 51163 51164 S1165 51166 S1167 51168 51169 51171 51172 51173 S1174 5~~75 5~~76 Sl177 S1178 51179 51180 5118~ S1182 51183 5~~84 51186 51187 51188 51189 51190 5~~9~ 51192 5~~93 51194 S119S S~~96 51197 51198 5~~99 S~200 S~20~ 5~202 5~203 5~204 $24.00 BCA CJIS ID UNIT $70.00 BRAUN INTERTEC CORPORATION $2S.00 BRENDA UTING $382.35 DANKO EMERGENCY EQUIPMENT CO $3S0.00 DESTINATION JOBS $~32.~3 MATEJCEKS $~25.00 MATTS AUTO SERVICE INC $~,S63.50 MENARDS $~O.OO MUNICI-PALS $~57.98 NATIONAL CAR RENTAL $9.45 NEW LIFE INDUSTRIES $329.72· STEVE SINELL $50.00 $36S.39 $24.00 $320.00 $40.00 $3S4.~~ $~OO.OO $300.00 $53.25 $~9,978.73 $~05.00 $S~1. ~4 $40.08 $~ 71.40 $~5~.~2 $~61. 50 $~,399.11 $~, 371. 87 $~2S.00 $30.00 $2,575.00 $~63.6S $~6.90 $~,350.60 $300.00 $~20.00 $8S.00 $7S.00 $~9S.00 $67.20 $2,000.00 $427.62 $~87,SOO.00 $2~0.00 $~OO.OO $29.S0 $2,406.30 $2S0.00 $4S.00 $~43.23 $~9S.8~ $~S7.00 $80.00 WALMART STORES INC AMERICAN LINEN SUPPLY COMPANY APRIL BULTMAN ATOM BILL DROEGER BLOOMINGTON LOCK AND SAFE EDEN PRAIRIE HORSEMAN EDEN PRAIRIE SCHOOL DISTRICT N JIM RICHARDSON MINNEGASCO MINNESOTA SAFETY COUNCIL MN VALLEY ELECTRIC COOPERATIVE OLSON CHAIN & CABLE CO INC PAUL CARLSON PETTY CASH PRAIRIE LAWN AND GARDEN SOUTHWEST SUBURBAN PUBLISHING THERMOGAS COMPANY TWIN CITIES ARMA UNIVERSITY OF MINNESOTA URBAN WILDLIFE MANAGEMENT INC US POSTMASTER AQUA ENGINEERING INC BELLBOY CORPORATION J A PRICE AGENCY INC MUNICI-PALS SCIENCE MUSEUM OF MINNESOTA STEVE REISTETER US HOSPITALITY US POSTMASTER BERRY & ASSOCIATES INC J H LARSON ELECTRICAL COMPANY SOUTHWEST METRO STATE OF MINNESOTA STUART FOX THOMAS THOREN US POSTMASTER ALTERNATIVE BUSINESS FURNITURE CITY OF RICHFIELD ELECTRIC SYSTEMS OF ANOKA J H LARSON ELECTRICAL COMPANY MIKE HARRINGTON MN CHAPTER IAFCI 09-APR-~997 (~7:S~) DESCRIPTION PROGRAM LIQUOR LICENSE INVESTIGATIONS FINANCE DEPT CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE LICENSES & TAXES IN SERVICE TRAINING 'PROTECTlVE CLOTHING FIRE SWM JOB FAIR IN SERVICE TRAINING EQUIPMENT PARTS EQUIPMENT MAINTENANCE CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE CLEANING SUPPLIES FIRE STATION #3 DUES & SUBSCRIPTIONS RENTAL CAR EXPENSE T-SHIRT -EARTH DAY COMPUTER, MTG EXP SAFETY INCENTIVE AWARD OTHER CONTRACTED SERVICES REISSUE REFUND CHECK TRAINING OPERATING SUPPLIES-GENERAL CONTRACTED BLDG REPAIRS FD PICNIC PRAIRIEFEST CONTRIBUTION FRAMING SVC GAS MN SAFETY COUNCIL CONFERENCE TELEPHONE REPAIR & MAINT SUPPLIES BOOTS-PAUL CARLSON OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES LEGAL NOTICES PUBLISHING GAS ARMA CONFERENCE SPRING MAINTENANCE EXPO DEER MGT OUTDOOR CENTER BROCHURE EQUIPMENT PARTS TOBACCO PRODUCTS CYNTHIA NOLDEN CLAIM CONFERENCE OMNI THEATER, SCIENCE MUSEUM PRINTING,SHIPPING COSTS SPONSORSHIP AGREEMENT INVITATIONS TO AWARDS BANQUET WRITING SEMINAR-PD OTHER CONTRACTED SERVICES AGREEMENT LICENSES & TAXES DAMAGE TO PERSONAL VEHICLE CLASS B CDL LICENSE POSTAGE POLICE EQUIPMENT MOTOR VEHICLE REGISTRATION CONTRACTED REPAIR & MAINT BLDG REPAIR & MAINT EMT TRG -PARKING TRAINING-SAGER IN SERVICE TRAINING IN SERVICE TRAINING CITY MANAGER IN SERVICE TRAINING HUMAN RESOURCES PRESERVE LIQUOR #2 SKI TRIPS/WINTER CAMP POLICE WATER TREATMENT PLANT PUBLIC WORKS/PARKS FIRE FIGHTERS COMMUNITY SERVICES CITY MANAGER WATER TREATMENT PLANT IN SERVICE TRAINING STORMWATER LIFTSTATION WATER SYSTEM MAINTENANCE WATER UTILITY-GENERAL SENIOR CENTER PROGRAM FIRE STATION #~ GENERAL OUTDOOR CENTER-STARING LAKE IN SERVICE TRAINING IN SERVICE TRAINING DEER CONSULTANT COMMUNITY SERVICES WATER TREATMENT PLANT PRAlRE VIEW LIQUOR #3 GENERAL IN SERVICE TRAINING ADAPTIVE RECREATION ART & MUSIC PRAIRIE VILLAGE LIQUOR #~ IN SERVICE TRAINING IN SERVICE TRAINING PRAlRE VIEW LIQUOR #3 TRANSIT SYSTEM POLICE STREET MAINTENANCE EQUIPMENT MAINTENANCE COMMUNITY BROCHURE POLICE EQUIPMENT MAINTENANCE CIVIL DEFENSE SENIOR CENTER POLICE POLICE , , COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 51205 51206 51207 51208 51209 51210 51211 51212 51213 51214 51215 51216 51217 51218 51219 51220 51221 51222 51223 51224 51225 51226 51227 51228 51230 51231 51232 51233 51234 51235 51236 51238 51240 51241 51242 51243 51245 51246 51247 51248 51249 51250 51252 51253 51254 51255 51256 51257 51258 51259 51260 51261 51262 51263 51264 $70.23 $112.64 $230.23 $98,160.00 $6,368.14 $1,000.00 $717.66 $1,535.92 $662.81 $64.00 $74.20 $6,844.12 $44.32 $200.00 $15.00 $699.00 $7,715.50 $38,270.47 $578.72 $457.60 $5,446.46 $1,422.00 $77.21 $52,118.38 $15,050.00 $432.00 $2,465.50 $35.00 $1,002.25 $29.15 $1,161. 24 $32,970.70 $10,947.54 $44,934.18 $273.00 $16,391.31 $9.84 $1,800.35 $180.60 $50.00 $105.00 $1,951.36 $108.75 $149.41 $662.81 $7,897.75 $18,644.50 $64.00 $200.00 $7,775.50 $26,350.99 $578.72 $5,446.46 $9,988.40 $60,779.70 VENDOR OLSON CHAIN & CABLE CO INC PETTY CASH-POLICE DEPT PRAIRIE LAWN AND GARDEN SUPERIOR FORD US WEST COMMUNICATIONS WEST SUBURBAN COLUMBUS CREDIT ANCHOR PAPER COMPANY BELLBOY CORPORATION CARVER COUNTY COURTHOUSE CITY BUSINESS CYNTHIA LANENBERG EAGLE WINE COMPANY EXPRESS MESSENGER SYSTEMS INC FEDERAL RESERVE BANK OF MPLS GOVERNING GRAPE BEGINNINGS GREAT WEST LIFE AND ANNUITY GRIGGS COOPER & CO HENNEPIN COUNTY SUPPORT AND HOLIDAY INN SELECT AIRPORT I.C.M.A. RETIREMENT TRUCT-457 INTERNATIONAL UNION OF OPERATI JAMES PELTIER JOHNSON BROTHERS LIQUOR CO MCKAYS FAMILY DODGE INC MINN STATE RETIREMENT SYS MINNESOTA MUTUAL LIFE MINNESOTA TEAMSTERS CREDIT UNI MN DEPT OF PUBLIC SAFETY NEWSWEEK PAUSTIS & SONS COMPANY PHILLIPS WINE & SPIRITS INC PRIOR WINE COMPANY PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT QUALITY WINE & SPIRTS CO REGAN MASSEE THE WINE COMPANY UNITED WAY UNIVERSITY OF MINNESOTA VINTAGE ONE WINES INC WORLD CLASS WINES INC BELLBOY CORPORATION BEST WESTERN KELLY INN CARVER COUNTY COURTHOUSE DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY EDEN PRAIRIE SCHOOL DISTRICT N FEDERAL RESERVE BANK OF MPLS GREAT WEST LIFE AND ANNUITY HEALTH PARTNERS HENNEPIN COUNTY SUPPORT AND I.C.M.A. RETIREMENT TRUCT-457 MARK VII MEDICA CHOICE 09-APR-1997 (17:51) DESCRIPTION EQUIPMENT PARTS POLICE EQUIPMENT CONTRACTED EQUIP REPAIR AUTOS TELEPHONE CREDIT UNION OFFICE SUPPLIES TRANSPORTATION CHILD SUPPORT DUES & SUBSCRIPTIONS MARCH MILEAGE VOUCHER WINE IMPORTED POSTAGE SAVINGS BOND MAGAZINE SUBSCRIPTION WINE DOMESTIC DEFERRED COMP MERCHANDISE FOR RESALE HC SUPPORT & COLLECTION FDIC CONFERENCE-LODGING ICMA RETIREMENT TRUST-457 INT'L UNION OF OP ENG-LOC 49 FIRE SCHOOL-ROCHESTER MERCHANDISE FOR RESALE AUTOS MN STATE RETIREMENT SYSTEM MN MUTUAL LIFE MN TEAMSTERS CO 1997 4DR DODGE STRATUS NEWSWEEK SUBSCRIPTION BEER CASES MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE PERA PERA MERCHANDISE FOR RESALE FIRE CALL-DRY CLEANING WINE DOMESTIC UNITED WAY WITHHELD SPRING MAINT EXPO WINE DOMESTIC WINE IMPORTED BEER 6/12 MN CHIEF OF POLICE TRG INST GARNISHMENT WITHHELD BEER 6/12 BEER 6/12 TRG -KARA SHOLD BOND DEDUCTION DEFERRED COMP COBRA COSTS/REV GARNISHMENT WITHHELD DEFERRED COMP BEER 6/12 COBRA COSTS/REV PROGRAM EQUIPMENT MAINTENANCE POLICE EP CITY CTR OPERATING COSTS piS REVOLVING FD WATER UTILITY-GENERAL FD 10 ORG GENERAL PRESERVE LIQUOR #2 FD 10 ORG IN SERVICE TRAINING FIRE PRESERVE LIQUOR #2 GENERAL FD 10 ORG IN SERVICE TRAINING PRAlRE VIEW LIQUOR #3 FD 10 ORG PRAIRIE VILLAGE LIQUOR #1 FD 10 ORG FIRE FD 10 ORG FD 10 ORG FIRE PRAIRIE VILLAGE LIQUOR #1 piS REVOLVING FD FD 10 ORG FD 10 ORG FD 10 ORG piS REVOLVING FD IN SERVICE TRAINING PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 FD 10 ORG FD 10 ORG PRAIRIE VILLAGE LIQUOR #1 FIRE PRAIRIE VILLAGE LIQUOR #1 FD 10 ORG IN SERVICE TRAINING PRAlRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 POLICE FD 10 ORG PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 POLICE FD 10 ORG FD 10 ORG BENEFITS FD 10 ORG FD 10 ORG PRAIRIE VILLAGE LIQUOR #1 BENEFITS COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT $1,050.09 $432.00 $2,560.50 $35.00 $6,246.87 $392.15 $44,377 .28 $60.00 $18,849.30 $900.00 $180.60 $168.00 $27.00 $222.68 $1,868.62 $22.96 $1,336.08 $2,558.45 $80.00 VENDOR MIDWEST COCA COLA BOTTLING COM MINN STATE RETIREMENT SYS MINNESOTA MUTUAL LIFE MINNESOTA TEAMSTERS CREDIT UNI NORTHERN STATES POWER CO PEPSI COLA COMPANY PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT AS THORPE DISTRIBUTING 09-APR-1997 (17:51) DESCRIPTION MISC TAXABLE DEFERRED COMP DEFERRED COMP CREDIT UNION ELECTRIC MISC TAXABLE PERA WITHHELD PERA WITHHELD BEER 6/12 U OF M SPORT FACILITIES RESEAR ARENA MGT CONFERENCE-ELYCE K UNITED WAY UNITED WAY WITHHELD USAQUATICS ACCIDENT RECONSTRUCTION JOURNA BRUCE HUTCHINS ST PAUL BOOK & STATIONERY DANKO EMERGENCY EQUIPMENT CO G & K SERVICES-MPLS INDUSTRIAL GENUINE PARTS COMPANY MN COMMERCE DEPARTMENT CERTIFIED POOL OPERATORS CONF JOURNAL SUBSCRIPTION SCHOOLS OFFICE SUPPLIES MISC FIRE EQUIPMENT OPERATING SUPPLIES-GENERAL ACCT 02-2730 LICENSES & TAXES PROGRAM PRAIRIE VILLAGE LIQUOR #1 FD 10 ORG FD 10 ORG FD 10 ORG STORMWATER LIFTSTATION PRAIRIE VILLAGE LIQUOR #1 FD 10 ORG FD 10 ORG PRESERVE LIQUOR #2 IN SERVICE TRAINING FD 10 ORG IN SERVICE TRAINING POLICE IN SERVICE TRAINING GENERAL FIRE PARK MAINTENANCE EQUIPMENT MAINTENANCE IN SERVICE TRAINING 51265 51266 51267 51268 51269 51271 5.1272 51273 51274 51275 51276 51277 51278 51279 51280 51281 51282 51283 51284 51285 51286 51287 51288 51289 51290 51291 51292 51293 51294 51295 51296 51297 51298 51299 51300 51301 51302 51303 51304 51305 51306 51307 51308 51309 51310 51311 51312 51313 51314 51315 51316 51317 51318 51319 51320 $127.00 NEW LIFE INDUSTRIES 20 CELEBRATE EARTH DAY T-SHIRT HUMAN RESOURCES $200.00 $180.00 $54.00 NORWEST BANK MN N.A. S.O.T.A. WILS C/O SARA ACKMANN $106.50 AIM ELECTRONICS $380.28 AMERICAN LINEN SUPPLY COMPANY $7,098.70 AMERICAN WATER WORKS ASSOCIATI $83.07 AMERIDATA INC $603.05 ANCHOR PRINTING COMPANY $157.30 ARMOR SECURITY INC $253.00 ASLA $539.33 ASPEN REACH EQUIPMENT COMPANY $445.85 ASTLEFORD EQUIPMENT COMPANY IN $7,837.43 $328.71 $700.00 $218.76 $1,445.62 $425.10 $783.80 $47.10 $5,275.53 $568.29 $152.88 $326.97 $500.00 $75.00 $1,271.25 $235.43 $44.00 $69.60 $155.61 $64.97 $314.20 $2,500.11 $38.84 B & F DISTRIBUTING B & STOOLS BARBARA GUSE, P.T. BAUER BUILT TIRE AND BATTERY BECKER ARENA PRODUCTS INC BELLBOY CORPORATION BERG BAG COMPANY BETH AND MORLEY BURNETT BETH NILSSON BILL CLARK OIL CO INC BILL LEMPESIS BJORN MCGILLAN BOB LUNDEEN BOMA MINNEAPOLIS BRAUN INTERTEC CORPORATION BRO-TEX INC BRUCE JOHNSON BUREAU OF BUSINESS PRACTICE BURNSVILLE SANITARY CO BUSINESS OPPORTUNITIES CAMAS-SHIELY DIVISION CAPITOL COMMUNICATIONS CARD SERVICES-BUSINESS CARD PAYING AGENT 9 ANNUAL MEMBERSHIPS WORKSHOP-SANDY WERTZ REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL TRAINING SUPPLIES CONTRACTED REPAIR & MAINT PRINTING REPAIR & MAINT SUPPLIES ASLA MEMBERSHIP CONTRACTED REPAIR & MAINT EQUIPMENT PARTS MOTOR FUELS BLDG REPAIR & MAINT INJURY PROTECTION,STRETCHING EQUIPMENT PARTS REPAIR & MAINT SUPPLIES TOBACCO PRODUCTS REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES 1997 ICE SHOW-INSTRUCTOR FEES REPAIR & MAINT SUPPLIES MILEAGE OTHER CONTRACTED SERVICES OFFICIATING-HOCKEY OPERATING SUPPLIES-GENERAL CONST TESTING-SOIL BORING EQUIPMENT PARTS SWING DANCE DUES & SUBSCRIPTIONS WASTE DISPOSAL OPERATING SUPPLIES-GENERAL GRAVEL SMALL TOOLS MISCELLANEOUS 92 STATE AID DEBT POLICE IN SERVICE TRAINING ICE ARENA PRAIRE VIEW LIQUOR #3 WATER UTILITY-GENERAL INFORMATION SYSTEM SENIOR CENTER PROGRAM EPCC MAINTENANCE IN SERVICE TRAINING EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE WATER TREATMENT PLANT HUMAN RESOURCES EQUIPMENT MAINTENANCE ICE ARENA PRESERVE LIQUOR #2 STORM DRAINAGE ICE ARENA ICE SHOW WATER TREATMENT PLANT PRESERVE LIQUOR #2 PRAlRE VIEW LIQUOR #3 ICE ARENA GENERAL BUILDING FACILITIES 10 MGD WATER PLANT EXPANSION EQUIPMENT MAINTENANCE SPRING SKILL DEVELOP IN SERVICE TRAINING STARING LAKE FIRE STREET MAINTENANCE EQUIPMENT MAINTENANCE IN SERVICE TRAINING COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 51321 51322 51323 51324 51325 51326 51327 51328 51329 51330 51331 51332 51333 51334 51335 51336 51337 51338 51339 51340 51341 51342 51343 51344 51345 51346 51347 51348 51349 51350 51351 51352 51353 51354 51355 51356 51357 51358 51359 51360 51361 51362 51363 51364 51365 51366 51367 51368 51369 51370 51371 51373 51374 51375 51376 $918.75 $200.00 $246.81 $482.68 $100.00 $261.25 $278.23 $120.00 $430.00 $179.10 $941.25 $90.00 $15.00 $630.79 $217.28 $2,516.00 $649.03 $8,239.27 $29.00 $61.25 $255.44 $275.00 $346.60 $27.00 $8.75 $31. 00 $8,440.55 $2,779.38 $48.00 $44.00 $361. 00 $10.00 $31.00 $3,093.00 $764.27 $8.00 $32.00 $114.36 $85.12 $60.00 $3.50 $29.58 $1,552.00 $312.87 $62,255.00 $251.51 $367.79 $314.50 $893.13 $29.18 $880.60 $955.87 $54.00 $627.06 $1,186.78 VENDOR CARGILL SALT CARTEGRAPH SYSTEMS INC CCP INDUSTRIES CENTRAIRE INC CHAD NESTOR ILLUSTRATION & DES CIRCUS PIZZA CIRCUS PIZZA CITY ENGINEERS ASSOC OF MINNES CITY OF BLOOMINGTON CITY OF CHASKA CITY OF RICHFIELD CO 2 SERVICES COMPUTER CHEQUE OF MINNESOTA I CONNEY SAFETY PRODUCTS COOPERATIVE POWER ASSOC CORNERHOUSE CTL COMPANY INC CUTLER-MAGNER COMPANY CYNTHIA CHRISTENSEN D C HEY COMPANY D J'S MUNICIPAL SUPPLY INC DALCO ROOFING & SHEET METAL IN DALCO DAVE GUZZI DAVID MAUSER DAVID RANNOW DAYTON'S COMMERCIAL INTERIORS DEAN & ASSOCIATES DEB SZMERGALSKI DEBBIE CARLSON DEM CON LANDFILL INC DIANNE JOHANSON DON BERNE DPC INDUSTRIES INC EARL F ANDERSON EARLYN SICKMANN EDEN PRAIRIE CHAMBER OF COMMER EDEN PRAIRIE FORD ELYCE KASTIGAR EMC CLEANING ERICA BRIX FEDEX FEED-RITE CONTROLS INC FERRELLGAS FIRST TRUST NATL ASSOC FIRSTAR TRUST COMPANY FISCHER AGGREGATES INC FLOYD TOTAL SECURITY FORESTRY SUPPLIERS INC. FRANKLIN QUEST G & K SERVICES DIRECT PURCHASE GARTNER REFRIGERATION & MFG IN GAYLEEN CLARK GE CAPITAL GENERAL GROWTH PROPERTIES 09-APR-1997 (17:51) SALT SOFTWARE DESCRIPTION CLEANING SUPPLIES CONTRACTED BLDG REPAIRS JULY 4TH ADVERTISEMENT SPRING BREAK FOOD FOR SPRING BREAK DIETZ,GRAY,RUE KENNEL SERVICE SPRING BREAK ACTIVITIES INSURANCE IN42761,IN595B QTRLY MEMBERSHIP TRAINING SUPPLIES ADVERTISING PROFESSIONAL SERVICES REPAIR & MAINT SUPPLIES CHEMICALS SWIMMING-CAROL RENTALS OPERATING SUPPLIES-GENERAL CONTRACTED BLDG REPAIRS CLEANING SUPPLIES OVERCHARGED CUSTOMER SPRING BREAK GATHERING OF EAGLES IMPROVEMENT CONTRACTS AWARDS KIDS KORNER-KATHRYN SWING DANCE WASTE DISPOSAL PHOTO ALBUM WORKSHOP GATHERING OF EAGLES CHEMICALS SIGNS 55 ALIVE MISCELLANEOUS EQUIPMENT PARTS MILEAGE FIRE PREVENTION PERMIT SWIMMING-BLAKE POSTAGE CHEMICALS MOTOR FUELS PRINCIPAL PAYING AGENT LANDSCAPE MTLS & AG SUPPL OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL CLOTHING & UNIFORMS REPAIR & MAINT SUPPLIES SKATING -JASON CONTRACTED REPAIR & MAINT UNUSED ESCROW REFUNR PROGRAM SNOW & ICE CONTROL STREET MAINTENANCE WATER SYSTEM MAINTENANCE PUBLIC WORKS/PARKS JULY 4TH CELEBRATION SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS IN SERVICE TRAINING ANIMAL WARDEN PROJECT SPECIAL EVENTS/TRIPS GENERAL POOL MAINTENANCE PRESERVE LIQUOR #2 HUMAN RESOURCES COMMUNITY DEVELOPMENT POLICE GENERAL BUILDING FACILITIES WATER TREATMENT PLANT OAK POINT LESSONS FIRE STREET MAINTENANCE FIRE STATION #2 EPCC MAINTENANCE COMMUNITY CENTER ADMIN SPECIAL EVENTS/TRIPS ADULT PROGRAM PRAIRE VIEW LIQUOR #3 BROOMBALL KIDS KORNER SPRING SKILL DEVELOP STREET MAINTENANCE SENIOR CENTER PROGRAM ADULT PROGRAM WATER TREATMENT PLANT TRAFFIC SIGNALING SENIOR CENTER PROGRAM IN SERVICE TRAINING EQUIPMENT MAINTENANCE COMMUNITY CENTER ADMIN FD 10 ORG OAK POINT LESSONS GENERAL WATER TREATMENT PLANT ICE ARENA B & PAYMENTS B & I PAYMENTS PARK MAINTENANCE PRAIRE VIEW LIQUOR #3 TREE DISEASE RECREATION ADMIN WATER UTILITY-GENERAL ICE ARENA ICE ARENA GENERAL ESCROW COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT $186.38 $239.70 $121.50 $197.00 $59.90 $394.23 $350.00 $38.50 $58.00 VENDOR GENERAL MACHINING INC GENERAL OFFICE PRODUCTS COMPAN GENERAL SPRINKLER GEORGETOWN PUBLISHING HOUSE GETTMAN COMPANY GLIDDEN COMPANY GOLD COUNTRY INC SIGNATURE CON GOPHER STATE ONE-CALL INC GRACE STEWART $154.10 GRAFIX SHOPPE $1,824.00' GREENE ESPEL, P.L.L.P. $452.50 GRIGGS COOPER & CO $63.60 $1,622.18 $308.43 $81. 30 $4,121.78 $2,129.00 $5.53 $492.03 $2,080.00 $3,719.00 $117.24 $575.00 $344.64 $2,801. 79 $63.79 $128.00 $20.32 $68.85 $30.00 $127.40 $26.00 $11.62 $3.62 $2,105.83 $5,167.00 $162.10 $4.00 $323.94 HACH COMPANY HANSEN THORP PELLlNEN OLSON HARMON GLASS COMPANY HAYDEN-MURPHY EQUIPMENT COMPAN HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER HENNEPIN COUNTY HOIGAARD'S HONEYWELL INC HORIZONGRAPHICS ICE SKATING INSTITUTE OF AMERI ICMA INDUSTRIAL LIGHTING SUPPLY INC INLAND TRUCK PARTS COMPANY INTERSTATE BEARING IRINA SOKOUNOVA ITS A KEEPER J W PEPPER OF MINNEAPOLIS J . D. MAC DONALD JACK SCHEPERS JACOLYN KHELIF JAMES P SACCOMAN JANE KURZEKA JANEX INC JASON-NORTHCO L.P. #1 JF EQUIPMENT COMPANY JULIE TEATERS JUSTUS LUMBER COMPANY KAREN S. RUNYON KEN ANDERSON TRUCKING KINKOS INC 09-APR-1997 (17:51) DESCRIPTION EQUIPMENT PARTS PHOTO SUPPLIES . BLDG SURCHARGES DUES & SUBSCRIPTIONS MISC TAXABLE REPAIR & MAINT SUPPLIES CLOTHING & UNIFORMS OTHER CONTRACTED SERVICES SWIMMING-JANET,KYLE POLICE EQUIPMENT LEGAL SERVICE TOBACCO PRODUCTS OPERATING SUPPLIES-GENERAL DESIGN & CONST CONTRACTED REPAIR & MAINT EQUIPMENT PARTS 1196/1997 FICHE ASCII SPECIAL ASSESSMENTS FILE WASTE DISPOSAL MISC FIRE EQUIPMENT OTHER CONTRACTED SERVICES PRINTING OPERATING SUPPLIES-GENERAL MISCELLANEOUS OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS EQUIPMENT PARTS KIDS KORNER-NATASHA EMPLOYEE AWARD OPERATING SUPPLIES-GENERAL MAC'S HAULING SERVICES AUTO EXPENSE SWIMMING -LILLIA MILEAGE -SACCOMAN SWIMMING-JOSEPH CLEANING SUPPLIES DUES & SUBSCRIPTIONS REPAIR & MAINT SUPPLIES SWIMMING-ALBERT,JAlME FIREWORKS SERVICE FORENSIC DOCUMENT EXAMINER PROFESSIONAL SERVICES PRINTING 5B77 51378 51379 51380 51381 51382 5i383 51384 51385 51386 51387 51388 51389 51390 51391 51392 51393 51394 51395 51396 51397 51398 51399 51400 51401 51402 51403 51404 51405 51406 51407 51408 51409 51410 51411 51412 51413 51414 51415 51416 51417 51418 51419 51420 51421 51422 51423 51424 51425 51426 51427 51428 51429 51430 51431 $90.00 $138.91 $107.06 $200.00 $174.04 L & S HOSPITALITY AND DIRECTOR ADVERTISING $2,328.28 $220.27 $49.36 $108.13 $29.00 $4.00 $29,837.63 $44.00 $50.85 $14.22 LAB SAFETY SUPPLY INC TRAINING SUPPLIES LAKE REGION VENDING LAKELAND FORD TRUCK SALES LANO EQUIPMENT INC LEAGUE OF MINNESOTA CITIES INS LISA BERGLY LOFFLER BUSINESS SYSTEMS INC LOGIS LYNN SOLMONSON MACQUEEN EQUIPMENT INC MARKS HWY 5 AMOCO TOBACCO PRODUCTS EQUIPMENT PARTS EQUIPMENT PARTS INSURANCE SWIMMING-ELLEN OFFICE SUPPLIES CONTRACTED REPAIR & MAINT SWING DANCE OPERATING SUPPLIES-GENERAL MOTOR FUELS PROGRAM EQUIPMENT MAINTENANCE WATER TREATMENT PLANT MECH SURCHARGE FIRE PRAIRIE VILLAGE LIQUOR #1 WATER TREATMENT PLANT FIRE WATER SYSTEM MAINTENANCE POOL LESSONS POLICE CRIMINAL PROSECUTION PRESERVE LIQUOR #2 WATER TREATMENT PLANT STARING LK PLSTUCT K20 EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE ASSESSING-ADMIN FINANCE DEPT PARK MAINTENANCE FIRE WATER TREATMENT PLANT COMMUNITY SERVICES ICE SHOW IN SERVICE TRAINING WATER TREATMENT PLANT EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE KIDS KORNER HUMAN RESOURCES ART & MUSIC COMMUNITY CENTER ADMIN PRAlRE VIEW LIQUOR #3 POOL LESSONS ADAPTIVE RECREATION OAK POINT LESSONS EP CITY CTR OPERATING COSTS PRAIRIE VILLAGE LIQUOR #1 EPCC MAINTENANCE OAK POINT LESSONS STREET MAINTENANCE POLICE ANIMAL WARDEN PROJECT COMMUNITY DEVELOPMENT PRAIRIE VILLAGE LIQUOR #1 HUMAN RESOURCES PRESERVE LIQUOR #2 EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE GENERAL POOL LESSONS POLICE INFORMATION SYSTEM SPRING SKILL DEVELOP PARK MAINTENANCE EQUIPMENT MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 51432 51433 51434 51435 51436 51437 51438 51439 51440 51441 51442 51443 51444 51445 51446 51447 51448 51449 51450 51451 51452 51453 51454 51455 51456 51457 51458 51459 51460 51461 51462 51463 51464 51465 51466 51467 51468 51469 51470 51471 51472 51473 51474 51475 51476 51477 51478 51479 51480 51481 51482 51483 51484 51485 51486 $29.00 $1,904.70 $447.94 $86.70 $208.25 $1,484.85 $1,351.08 $104.10 $25.20 $31.00 $60.00 $39.95 $958.50 $985.36 $651. 70 $797.49 $332.45 $144.00 $79.07 $332.92 $765.74 $560.00 $506.84 $12,258.91 $30.00 $1,956.32 $956.81 $47.03 $171.14 $275.69 $42.28 $320.12 $1,290.12 $48.00 $16.58 $76.50 $411.72 $78.97 $151.23 $1,277.96 $125.97 $12.09 $432.55 $1,065.11 $14.98 $62.83 $613.16 $318.55 $19.20 $55.00 $4.00 $95.79 $178.85 $626.86 $27.65 VENDOR MARY BETH CARLSON MASYS CORPORATION MAXI-PRINT INC MED-COMPASS, INC. MEDICINE LAKE TOURS METRO SYSTEMS METROMAIL METROQUIP INC MICHAEL W JACQUES MICHEAL RANNOW MICROBILT CORPORATION MIDAS MIDLAND EQUIPMENT COMPANY MIDWEST ASPHALT CORPORATION MIDWEST COCA COLA BOTTLING COM MINNESOTA BLUEPRINT MINNESOTA BUSINESS FORMS MINNESOTA SAFETY COUNCIL MINNESOTA WANNER COMPANY MINUTEMAN PRESS MN TROPHIES & GIFTS MOORE MEDICAL CORP MUNICILITE MUNICIPAL LEGISLATIVE COMMISSI NANCY CASSIN NATIONWIDE ADVERTISING SERVICE NEBCO EVANS DISTRIBUTING NORTHERN POWER PRODUCTS INC NORTHLAND BUSINESS SYSTEMS NYSTROM PUBLISHING CO OHLIN SALES OLSON CHAIN & CABLE CO INC OPM INFO SYSTEMS, BRAD STARR PAM NOLAN PARAGON CABLE PATRICE ATKINSON PAUL A. & KRISTI ONKEN PETSMART PHOTOS INC PINK BUSINESS INTERIORS POWERTEX SPORTSWEAR INC PROCOLOR QUALITY FLOW SYSTEMS INC QUALITY WASTE CONTROL INC QUICKSILVER EXPRESS COURIER R AND R SPECIALITIES INC RADIO SHACK RAY ALLEN MANUFACTURING CO INC RDO EQUIPMENT CO REBECCA KOOP RENAE LANGEFELS RESPOND SYSTEMS RICCAR HTG & AC RICOH CORPORATION ROADRUNNER TRANSPORTATION INC 09-APR-1997 (17:51) DESCRIPTION SWIMMING-STEPHEN CONTRACTED COMM MAINT PRINTING PERSONNEL TESTING GATHERING OF EAGLES FURNITURE & FIXTURES RENTALS REPAIR & MAINT SUPPLIES MILEAGE AND PARKING GATHERING OF EAGLES COMMUNICATIONS EQUIPMENT PARTS EQUIPMENT PARTS PATCHING ASPHALT MERCHANDISE FOR RESALE OPERATING SUPPLIES-GENERAL OFFICE SUPPLIES SAFETY SUPPLIES REPAIR & MAINT SUPPLIES PRINTING POLICE EQUIPMENT SAFETY SUPPLIES EQUIPMENT PARTS 1997 ANNUAL DUES/DINNER COSTS SAFETY CAMP,NATHAN EMPLOYMENT ADVERTISING MERCHANDISE FOR RESALE EQUIPMENT PARTS OFFICE SUPPLIES PRINTING OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT KIDS KORNER-CHRISTINE 019561-01 OTHER CONTRACTED SERVICES DEPOSITS CANINE SUPPLIES PHOTO SUPPLIES FURNITURE & FIXTURES EMPLOYEE AWARD VIDEO SUPPLIES CONTRACTED EQUIP REPAIR WASTE DISPOSAL POSTAGE REPAIR & MAINT SUPPLIES VIDEO SUPPLIES CANINE SUPPLIES EQUIPMENT PARTS SWIMMING-KATIE,SARAH PRESCHOOL TRIP-KELSEY,RENAE OPERATING SUPPLIES-GENERAL PERMIT ISSUED TWICE CONTRACTED REPAIR & MAINT CONTRACTED REPAIR & MAINT PROGRAM POOL LESSONS POLICE POLICE FIRE ADULT PROGRAM SR CTR OPERATIONS POLICE EPCC MAINTENANCE PRESERVE LIQUOR #2 ADULT PROGRAM WATER SYSTEM MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE STREET MAINTENANCE CONCESSIONS COMMUNITY DEVELOPMENT GENERAL HUMAN RESOURCES PARK MAINTENANCE INSPECTION-ADMIN POLICE FIRE EQUIPMENT MAINTENANCE COUNCIL SUMMER SAFETY CAMP HUMAN RESOURCES CONCESSIONS EQUIPMENT MAINTENANCE GENERAL ADAPTIVE RECREATION TCD INVENTORY PARK MAINTENANCE ENGINEERING DEPT KIDS KORNER COMMUNITY SERVICES SPECIAL EVENTS/TRIPS ESCROW POLICE COMMUNITY DEVELOPMENT SR CTR OPERATIONS HUMAN RESOURCES COMMUNITY SERVICES SEWER LIFTSTATION FIRE STATION #1 GENERAL ICE ARENA WATER UTILITY-GENERAL POLICE EQUIPMENT MAINTENANCE OAK POINT LESSONS SPECIAL EVENTS/TRIPS PARK MAINTENANCE FD 10 ORG GENERAL EQUIPMENT MAINTENANCE COUNCIL CHECK REGISTER 09-APR-1997 (17:51) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 51487 51488 51489 51490 51491 51492 5i493 51494 51495 51496 51497 51498 51499 51500 51501 51502 51503 51504 51505 51506 51507 51508 51509 51510 51511 51512 51513 51514 51515 51516 51517 51518 51519 51520 51521 51522 51523 51524 51525 51526 51527 51528 51529 51530 51531 51532 51533 51534 51535 51536 51537 51538 51539 51541 51542 $109.95 ROGERS SERVICE CO EQUIPMENT PARTS $2,020.00 $19.55 $128.75 $58.00 RUSHING COMMERCIAL CONSTRUCTIO BUILDING RYANS RUBBER STAMPS S&B MFG CO INC SALLY ADAMS $80.00 SANDRA FREY $84.84 SANDY WERTS $526.61 SEARS $600.00 SERCO LABORATIES $4,865.09 SHAKOPEE VALLEY PRINTING $377.01' SIGNUM GRAPHIC SYSTEMS INC $308.85 SIR SPEEDY $733.13 SNAP-ON TOOLS $293.05 $18.62 $5.31 $6,521. 73 $121. 60 $318.00 $78.00 $300.00 $24.00 $44.05 $10.22 $330.16 $868.71 $661.66 $1,881.25 $320.00 $185.57 $48.00 $51. 00 $125.00 SNELL MECHANICAL INC SOKKIA MEASURING SYSTEMS SOUTHWEST CONTRACTORS SUPPLY SOUTHWEST SUBURBAN CABLE COMMI SOUTHWEST SUBURBAN PUBLISHING SPECIALTY TECHNICAL PUBLISHERS SPENCER L CONRAD SPORTS SPREE FUN PARK SPORTS WORLD USA INC ST PAUL BOOK & STATIONERY STAR TRIBUNE STEVE LUCAS PHOTOGRAPHY SUBURBAN CHEVROLET GEO SUBURBAN TIRE & AUTO SERVICE I SUMMIT ENVIROSOLUTIONS SUPERIOR FORD SURVIVAL INK CORP SUSAN OFTELIE SUZANNE MARSHALL SWEDLUNDS TANK RE-NU OF MINNESOTA 'LICENSES & TAXES REPAIR & MAINT SUPPLIES SWIMMING-KELLY, MATTHEW KIDS KORNER-ANDREW MILEAGE OTHER EQUIPMENT OTHER CONTRACTED SERVICES PRINTING SIGNS PRINTING SMALL TOOLS REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES CABLE TV EMPLOYMENT ADVERTISING DUES & SUBSCRIPTIONS BRYANT LAKE DAY CAMP-BEN SPRING BREAK ADVENTURE DAYS OPERATING SUPPLIES-GENERAL OFFICE SUPPLIES MISC NON-TAXABLE OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT TIRES OTHER CONTRACTED SERVICES POSTAGE POLICE EQUIPMENT KIDS KORNER-SARA SWIMMING-PHILLIP, CASSANDRA WASTE DISPOSAL CONTRACTED REPAIR & MAINT $118.00 $1,331.25 TEAM LABORATORY CHEMICAL CORPO REPAIR & MAINT SUPPLIES $24.02 $233.70 $338.80 $301.67 $348.90 $256.00 $1,109.86 $1,650.00 $203.70 $2.60 $303.00 $63.17 $10.80 $234.70 $34.95 $3,473.83 $211.49 $7,613.56 $575.76 $8,919.70 THE ECONOMICS PRESS INC DUES & SUBSCRIPTIONS THE PROMOTION GROUP THE SKETCH PAD THE STATE CHEMICAL MFG CO THE WATSON CO INC THOMPSON PUBLISHING GROUP INC TKDA TOTAL REGISTER CLOTHING & UNIFORMS PRINTING CLEANING SUPPLIES MERCHANDISE FOR RESALE DUES & SUBSCRIPTIONS OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT TRACY SPANGRUD INSTRUCTOR SERVICE TRANS UNION CORP OF MPLS/ST PA PROFESSIONAL SERVICES TRAVELERS DIRECTORY SERVICE TRIA MANN TRUCK UTILITIES MFG CO TWIN CITY OXYGEN CO TWIN CITY TIRE UNIFORMS UNILIMITED UNITED LABORATORIES UNITED PROPERTIES UNLIMITED SUPPLIES INC US FILTER/WATERPRO ADVERTISING MILEAGE AND PARKING EQUIPMENT PARTS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS OFFICE SUPPLIES CLEANING SUPPLIES CONTRACTED REPAIR & MAINT EQUIPMENT PARTS EQUIPMENT PARTS PROGRAM EQUIPMENT MAINTENANCE EP CITY CTR OPERATING COSTS HUMAN RESOURCES ICE ARENA OAK POINT LESSONS KIDS KORNER REC SUPERVISOR WATER SYSTEM MAINTENANCE WATER UTILITY-GENERAL COMMUNITY BROCHURE TRAFFIC SIGNALING OUTDOOR CTR PROGRAM EQUIPMENT MAINTENANCE POOL MAINTENANCE ENGINEERING DEPT WATER SYSTEM MAINTENANCE COMMUNITY SERVICES HUMAN RESOURCES STORM DRAINAGE DAY CAMP SPECIAL EVENTS/TRIPS ICE ARENA POLICE PRAIRE VIEW LIQUOR #3 COUNCIL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE STORM DRAINAGE EQUIPMENT MAINTENANCE POLICE KIDS KORNER POOL LESSONS OUTDOOR CENTER-STARING LAKE EQUIPMENT MAINTENANCE SEWER LIFTSTATION WATER UTILITY-GENERAL INSPECTION-ADMIN CITY MANAGER WATER TREATMENT PLANT CONCESSIONS ADA PROGRAMS WATER SYSTEM MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 WINTER SKILL DEVELOP POLICE PRAIRIE VILLAGE LIQUOR #1 ADAPTIVE RECREATION EQUIPMENT MAINTENANCE WATER TREATMENT PLANT EQUIPMENT MAINTENANCE POLICE WATER SYSTEM MAINTENANCE PRAlRE VIEW LIQUOR #3 EQUIPMENT MAINTENANCE WATER METER REPAIR " COUNCIL CHECK REGISTER 09-APR-1997 (17:51) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 51543 $147.60 US WEST DIRECTORY ADVERTISING ADVERTISING PRAIRIE VILLAGE LIQUOR #1 51544 $182.04 W W GOETSCH ASSOCIATES INC EQUIPMENT PARTS WATER TREATMENT PLANT 51545 $179.72 W W GRAINGER INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 51546 $32.63 WALMART STORES INC OFFICE SUPPLIES POLICE 51547 $519.95 WARREN GORHAM AND LAMONT DUES & SUBSCRIPTIONS WATER UTILITY-GENERAL 51548 $113.61 WASTE MANAGEMENT -SAVAGE WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 51549 $533.56 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 51550 $6,829.75 WATER TECHNOLOGY INC. PROJECT # 97001.0 POOL MAINTENANCE 51551 $2,042.00 WBCS PROFESSIONAL SERVICES COMMUNITY BROCHURE 51552 $96.00 WENDY CALDERON AFTERNOON ADV-CHARLIE,CHRIS SUMMER SKILL DEVELOP 51553 $32.21' WESTWELD SMALL TOOLS EQUIPMENT MAINTENANCE 51554 $98.66 WHEELER LUMBER OPERATIONS REPAIR & MAINT SUPPLIES PARK MAINTENANCE 51555 $865.61 YALE INCORPORATED CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 51556 $1,868.81 ZARNOTH BRUSH WORKS INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE $1,098,896.33* COUNCIL CHECK REGISTER 10-APR-1997 (08:20) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 22 $86,031.24 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 23 $48,032.74 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG 24 $48,032.74 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG 25 $36,413.61 NORWEST BANKS MINNESOTA N A STATE TAXES WITHHELD FD 10 ORG 26 $405.60 NORWEST BANKS MINNESOTA N A MOTOR FUELS EQUIPMENT MAINTENANCE 27 $30,657.00 MINNESOTA DEPARTMENT OF REVENU SALES TAX PAYABLE FD 10 ORG 28 $7,481.25 NORWEST BANK MN N.A. INTEREST B & I PAYMENTS 29 $799,482.50 FIRSTAR TRUST COMPANY INTEREST B & I PAYMENTS $1,056,536.68* COUNCIL CHECK SUMMARY DIVISION GENERAL SERVICES HUMAN RESOURCES FACILITIES FIRE FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY CENTER BEACHES YOUTH RECREATION OAK POINT POOL DEBT SERVICE PAYMENTS SPECIAL ASSESSMENTS CITY CENTER PRAIRIE VILLAGE PRAIRIEVIEW PRESERVE WATER DEPT 10-APR-1997 (08:20) TOTAL $18.77 $5.59 $1.17 $3.19 $497.06 $37.84 $867.95 $0.06 $186.91 $181. 59 $806,963.75 $218,510.53 $165.67 $9,301.99 $13,856.70 $5,020.18 $917.73 $1,056,536.68* CITY COUNCIL AGENDA Date: Section: PETITIONS, REQUESTS & COMMUNICATIONS April 15, 1997 Department: Item Description: Item No.: Administration Women of Today Presentation ~B ReQyested Action Provide feedback on Women of Today starting a chapter in Eden Prairie - a questionnaire is provided. Background The Women of Today organization was founded in 1950, as volunteers, dedicated to helping women improve their own lives and the lives of people in the community Attachments Brochure I IV!arch 27,1997 Dear Community Leaders: Because of your involvement in community affairs, we know you care about Eden Prairie and its people. The United States and Minneso~a Women of Today also care, which is why we are turning to you for input. At this time, we are very interested in beginning a Women of Today chapter in Eden Prairie. Women of Today is an or~anization that emphasizes service, personal ~rowth for its members, and fellow- ship. You can read more about our activities in the enclosed brochure. we are looking at all of the needs of the community and attempting to determine where our efforts would be most effectively channelled. With your help, we hope to match our potential with the projects that would result in the most profitable rewards to Eden Prairie. We have attached a form for you to give us your thoughts and opinions •. Please feel free to expand on them. I would also like to make a short presentation at your j~pril ~5th Council meeting, I would also be willing to set up a meeting where we can discuss this further. We are very sincere in our desire to discover where the Women of Today fit into the plans and ~rowth of your community .• Your thou~hts are valuable in our search, as we set goals and plans of action. We appreciate any feedback you offer and assure you that the future chapter of the Eden Prairie Women of Today will be there when they are needed! Sincerely. ~A~ Connie l"lcDonald, Ri chfield President Richfield Women of Today P.o Box 23274 Hichfield, MN 55423 (61.2) 866-6168 COMMUNITY NEEDS ASSESSMENT 1. What do you see as the needs of the community? Include educational and environmental projects or programs needed and community morale. 2. What significant changes have you observed in the past three to five years and what changes or plans to you anticipate in the future? 3. In what areas do you see the Women of Today providing an active role? 4. Would you be interested, or do you know other leaders who may be interested, in becoming a part of the Women of Today chapter? 4 21 '. If you share our desire to. contribute to the growth and vitality of our communities; if you are concerned about the welfare of others in our society; if you have ideas to share; if you want to become more involved; or if you just want to make new friends; the Minnesota Women of Today invite you to become a member .. For information about the chapter nearest you, call (612) 421:471Bor complete the. form below and mail it to: , Minnesota Women of Today' PO Box 232, Anoka MN 55~03, ,0--, /' -"~ ~ ----: -~ ~--:'\ '(Name.· . ..' .... .'. 'I .... I ,: I Address .1 I, City! I I State ' ZIP -~---I I J Please tell me more about I Women ofToday" IJ I would like to know where and I when my local Chapter meets, I , I Home Phone _--,--~----:-__ ~ __ I The besttime to reach me is: I .' . . I \ ," . . '/ ,----'-------..:...---- Foundecfin 1950, we are volunteers, at least 18 years of age, dedicated to leadership training and comrTlunity service. The Minnesota' Women of Today is affiliated with United States Women of Today .. ' ,WQll1enofToday' ,·MissiOh Statement; '. . . : ' . . . . . . . ThemissidnoHhe :Minnesotd ; . .W9meri' of Tod,by is, to help' w()merr:' .... I·knproveJheiro\"ln,livesa"hdth~lives ." pfth~;'peopleJn)he communities ':; . brovrldthem.1'he orgcmizatidn ' ,.~hdllbed place in whichyoung ... '. VJ9rl)eH:gre dctivelyer,1~purdged to" J)~c9meii1VoIV~d ,arid tiold;p()~itio~s, ' ofleade~$,hjp: .. The})rganiz()tio;~.;·;·; <,-' sh,all prqvldefopp~ttlJrllfiesJ9V~'.: . . 'rnembets~; ,:,: ,'/, ' .•... , " . '.;'~'·"TO J~onfri~utejo:th~k,'s6rrknuni~,:, ',': ties byJqisirl9JuridsfQrwdrthy . .causes,and byprovidinQ ser-', . , Vices oredlJ~cltion to benefit" . . comrnunityrnem~ers .. ' . B.To develo'p andt6fo~t~rskillf,~ .. ' and talents. relo,ted'tobecorning successful individuals; interact~ ing well with otherpeople,cmd .. ' . becomi,ng, capable leaders. C Todevelopfriend~hips and to < • .find persondl,support wit~in :the .. ()rgdl1ization;' . .... v, .. ~ , Women of Today serve our local , communities through a variety of service projects and publicawareness programs. ' Women of Today chapters support projects such as: ' • Community Events, • Women's Concerns • Special YoufbAttivities • Senior Citizens Activities • Fundraising/Educational , ' events for foundations and ' camps such as: *March of Dimes *Kidney Foundation *Friehdship Venture~ Personal enrichment programs are, designed to help our members develop , skills to utilize in their personal and blJsiness lives. The following are examples of programs offered: • Effective Speaking' ' • Effective Writing , ' • Time Management • Leadership Team Building , , '. Stress Management " • Personality: Understanding · ,.Youf$elf and Others ',' ' , • Communications, Opportunities exist for leadership training at all levels of Women of Today, , ' from committee work 'andofficer positions in the local chapter, to management and,supervisor positions on the district and state levels. Fellowship' -.'. . . . . Women of Today hold social events to encourage members to develop closefiendships with women who share similar interests. These events could include: •• ' I Holiday Parties • ,Progressive Dinners 4t Pamper Yourself Events • Family Picnics ' ., Craft Activities ~~~~~~~~~ -------------------------------------------------- CITY COUNCIL AGENDA Date: April 15, 1997 Section: Director of Parks, Recreation and Natural Resources Department: PRNR Item Description: Trail Priority Ranking for 1997 Item NO.=xr. e I Bob Lambert, Directo~ Funding RECOMMENDATION: Although, there is a great deal of pressure for adding to the trail system, especially the trail connection to Bryant Lake Regional Park, City staff continues to recommend spending any available funds on the repair of the existing transportation trail system prior to expanding a system that needs extensive repair. The existing system needs well over a half million dollars worth of repairs. City staff will strongly recommend maintaining the annual budget for trail maintenance at $125,000 and addressing the safety issues on the existing trail system as the first priority, the trail maintenance as the second priority, and adding new trails as a third priority. The following projects are recommended for construction in 1997: 1. Trail on Anderson Lakes Parkway at Underpass Locations -Residents call each year with a great deal of concern about the dangerous situation along Anderson Lakes Parkway where the trail narrows to a little over three feet wide at the two overpasses near the Preserve Tennis Courts. People on bicycles have fallen off the trail into the street on at least two occasions. That situation is dangerous and should be corrected as soon as possible. Staff requests authorization to proceed with extending the tunnel and widening the trail location at those two underpasses. Staff estimates this project to cost approximately $45,000. 2. Bitttersweet Drive Trail-Staff would recommend replacing the trail on Bittersweet Drive with a five-foot wide concrete sidewalk in 1997. This trail is in extremely poor condition .. 3. Rice Marsh Lake Trail -The trail section between Dell Road and the Rice Marsh Lake trail, through Rice Marsh Lake Neighborhood Park, should be completed this year if possible with cash park fee funds designated for the development of Rice Marsh Lake Neighborhood Park. This trail section will connect the Eden Prairie system to the Chanhassen trail system northwest of Rice Marsh Lake. This connection is subject to being able to acquire a ~ail easement from Duane Jacques early this year. 4. Hidden Ponds Trails -City staffwill forward a recommendation on what improvemen~need to be made with the Hidden Ponds trails later this year. These trails were owned by the Hidden Ponds Homeowner's Associations and were transferred to the City under the condition that the City could bring those trails up to code and assess that improvement proj ect to homeowners wi~in those two associations. Later this spring staff will evaluate what improvements need to be made to those trails and notify residents of a public hearing process for discussing the future of the trail system within the Hidden Ponds area. 1 BACKGROUND: Each year the City reviews the proposed bike trail projects and ranks those projects based on a ranking system that includes criteria such as petitions received in the last five years, traffic volume. safety and access to school, parks, shopping, etc. The assignment of value to the various measurement criteria is admittedly subjective; however. if the same criteria is used on all trails it does give the Commission and City Council a comparison of projects that need funding over the next few years. What this evaluation does not measure is how critical the safety considerations are, the number of users or potential users of the trail system, support or opposition the City may face in developing that section of trail, or whether or not the City has funds available to construct that section of trail. City staff have divided the projects into four types of funding projects: • new transportation trails • repair and replace transportation trails • new park trails • repair and replace park trails There is over $550,000 proposed for new transportation trails, and over $145,000 for repair of existing transportation trails. There is also over $130,000 proposed for new park trails and over $390,000 for repair of existing park trails. These estimates total over 1.2 million dollars and do not include the repair costs for extending the tunnels under Anderson Lakes Parkway. The annual budget for constructing new trails or repairing existing trails is $125,000. NEW TRANSPORTATION TRAILS: 1. Bryant Lake Drive from Valley View Road to Rowland Road -This trail connection would not only provide all Eden Prairie residents west of Bryant Lake Drive with a bicycle and pedestrian trail access to Bryant Lake Regional Park, but it would provide safe access from the Willow Creek neighborhood and the other neighborhoods being developed along Bryant Lake Drive to the Eden Prairie trail system. Staff estimates the cost for construction ofthis trail at over $100,000. A more accurate cost estimate for this trail project should be made in the near future. 2. County Road 4 trail from Purgatory Creek north to the Minnetonka border -County Road 4 is an extremely busy road carrying over 8,000 trips per day along this section of roadway at speeds of 45 miles per hour or greater. It does have paved shoulders, but they often get used as passing lanes or turn lanes and provide limited safety. This trail has been on the Open Space System Plan since 1976. The trail section on County Road 4 from Valley View Road to Muir Drive was constructed in 1993. The City has received numerous petitions over the years to complete this trail as residents north of Muir Drive do not have safe access to the trail system to the south or to Birch Island Park, which serves their 2 neighborhood. Eventually, an 8' asphalt trail should be developed on both sides of County Road 4 to serve the northern portion of Eden Prairie and provide safe access to the trail along County Road 62 and to Birch Island Park. The estimated cost to complete this section of trail is over $100,000. The actual cost for this project, if recommended for construction would be detennined later. If this project is selected by the Commission and the City Council, staff would recommend carrying the $50,000 budget for 1997 over to 1998 and completing this project in 1998. 4. Dell Road from Duck Lake Trail north to Tristram Way -There is an 8' asphalt trail on one side of Dell Road and a 5' concrete sidewalk on the other side of Dell Road from County Road 1 north to Duck Lake Trail, and from Tristram Way north to County Road 62. The only section of trail missing along this heavily travelled collector road is the segment from Duck Lake Trail to Tristram Way. Although, there is a 5' wide concrete sidewalk on the west side of Dell Road in this location, it forces people to cross Dell Road at Tristram Way, an uncontrolled intersection. In a recent public meeting discussing trail needs in the northwest quadrant of the community the vast majority of the residents strongly supported the City completing that section of trail as soon as possible. Initial estimated cost for that section of trail exceeds $50,000; however, more accurate estimated costs could be developed if the Commission and the City Council request consideration of that project for 1997. REP AIR AND REPLACE TRANSPORTATION TRAILS: 1. Anderson Lakes Parkway (widen trail over underpasses) -Each year the City receives complaints from residents in the Preserve that the 8' asphalt trail along the north side of Anderson Lakes Parkway narrows down to a little over 3' as it crosses over the underpass at the Preserve tennis courts and a second underpass to the west. There have been several incidences where people have fallen off the trail into the street at the narrow point. This constriction is extremely hazardous and should be addressed as soon as possible. City staff has a cost estimate of $45,000 for this project. This project does not rank as the highest priority repair project for transportation trails;however, City staff believes it should rank as the highest project due to the number of trips per day on Anderson Lakes Parkway and the number of people that use that trail. 2. Bittersweet Drive -The trail along Bittersweet Drive is a six-foot wide asphalt trail that was constructed by the developer of this subdivision. It is approximately 2,120 feet long and should be replaced by a five-foot wide concrete sidewalk, as it is not important to remove snow from this trail section in the winter and if that trail were constructed today, the City would require a five-foot wide concrete sidewalk in that location. The estimated cost for materials is approximately $8,700 with a total cost of approximately $15,000 -$20,000, if the project were let out for a private contract as there would be costs for the removal of the existing trail and installation across numerous driveways and a significant amount of lawn repair. 3 3. VaHey View Road -There is a 220-foot section of eight foot asphalt trail along Valley View Road from Dell Road to Lookout Court that should be replaced by the City crews during the summer of 1997. The condition is evaluated as "very bad" and could be completed at a cost of approximately $2,000 for the removal of the existing trail and replacement with an eight- foot wide bituminous surface. 4. Homeward Hills Road -Homeward Hills Road Trail -Residents in the Homeward Hills area are extremely frustrated about the City's inability to remove snow from the section of the trail along Homeward Hills Road that is 6' wide compared to the majority of the trail that is 8' wide. This forces joggers and walkers to use the street on Homeward Hills Road, which is not safe at anytime of the year and especially in the winter. The City has only one piece of snow removal equipment that is designed to remove snow from trails less than eight feet wide. Staff would recommend that the City authorize evaluation of the cost of that project and attempt to budget for that project for 1998. NEW PARK TRAILS: 1. Rice Marsh Lake Trail to DeH Road -The City has constructed a trail along the north side of Rice Marsh Lake from the Chanhassen boarder easterly to the property owned by Duane Jacques. City staff is recommending constructing a trail from Dell Road through Rice Marsh Lake Neighborhood Park to the western boundary of that park, then across the Jacques property to the existing trail. This would require approximately 450' of easement across the Jacques property, but would provide the trail connection from the Eden Prairie trail system to the Chanhassen trail system. If the City Council approves this trail section, staff would begin negotiations with the Jacques family for the cost of the easement. The estimated cost for construction of that section of trail is included in the capital improvement cost proj ected for the development of Rice Marsh Lake Neighborhood Park, using cash park fees. REPAIR AND REPLACE PARK TRAILS: 1. Hidden Ponds Trails -Several years ago, residents from the Hidden Ponds neighborhood petitioned the City to take over the ownership of the outlots in the Hidden Ponds First and Second Additions from the Homeowner's Associations. After several public meetings and many meetings with the residents and Homeowner's Association representatives, the City has completed the acquisition of the outlots. In the meantime, several of the residents whose backyards are adjacent to the outlots in Hidden Ponds First Addition, have removed the trail section within that outlot and have extended landscape plantings into the outlot. City staff will evaluate the cost to replace the trail system within Hidden Ponds First and Second Additions, as well as other options the Council may wish to consider. As soon as this evaluation is completed, staff will notifY residents of the datcs on which thc Parks, Recreation and Natural Resources Commission and City Council will determine which sections of the trail will be replaced or repaired and the how the costs for the project will be assessed. 4 CONCLUSION: The City of Eden Prairie has approximately 65 miles of eight foot asphalt trail system and a similar number of miles of five foot wide concrete sidewalks. These trail systems are an integral part of the transportation system for the City of Eden Prairie and must be maintained in a safe condition. There will be over 100 miles of eight foot wide asphalt trails within the City of Eden Prairie when the transportation system is completed. Eden Prairie is considered the model community in the State of Minnesota for developing pedestrian and bicycle trails; however, this model comes with a heavy price tag. The City must continue to commit funds necessary to maintain this system in a safe and usable condition. BL:mdd Marchll.memolBob97 5 Trail System Evaluation Chart 1. Speed Limit of Road 2 30 mph 3 35 mph 5 40 mph 7 45 mph 1050 mph+ 2. Site Distance Due to Horizontal & Vertical Curves 5 200 -300' 10 less than 200' 3. Traffic Volumes 3 residential collectors 0 -3,000 Average Daily Trips (ADT) 5 major collectors 3,000 -10,000 Average Daily Trips (ADT) 7 arterial collectors 10,000 -20,000 Average Daily Trips (ADT) 10 arterials 20,000+ 4. Road Improvements Schedules That Would Include Trail Connection -5 improvements scheduled 1 - 2 years 5 improvements scheduled 5+ years or not scheduled 5. Providing Access to Schools, Shopping, Parks, and Lakes 5 within one mile of school, park or Y2 mile shopping 10 within Y2 mile of school, park or lake 6. Ownership of Property -5 County, State or other easement/approvals 5 City owned land 7. City Commitment to Trail Construction -5 not shown on Park Guide Plan 5 shown on Guide Plan 8. Written RequestIP etition for Trail Within Last Five Years 5 1 - 5 persons 12 5 -20 persons 9. Construction Prior to Development 3 3/4 developed 10 undeveloped 5 Y2 developed 20 20+ persons 7 1/4 developed 10. Vital Link to Trail System 3 extends boundaries 5 fill in areas -makes loop trails and park connections 7 unique recreation experience 10 connects other major trail loops 15 necessary safety improvements to existing trail 11. -10 over 100,000 -5 over 50,000 5 20,000 -30,000 7 1 0,000 -20,000 3 30,000 -50,000 10 under 10,000 12. Roads with Existing Paved Shoulders or Existing Trails/Sidewalks -5 l3. Partially Constructed Trail 5 if existing trail is relatively unusable for a significant population without this connection. TSVC/Bob96 February 18. 1997 1 ~I 1. County Road 1 - Homeward Hills To BeIUlett Place 2. County Road 4 - Purgatory Creek to MiIUletonka Boarder 3. Dell Road from Duck Lake Trail to Tristram Way 4. Golf View Drive from Green View Court to Wedgewood Circle 5. Bryant Lake Drive from Valleyview to Rowland Road 6. Valley View Road from Smetana Lane to Golden Triangle Drive 7. Anderson Lakes Parkway from Frano Road West to Underpass 1. Anderson Lakes Parkway -widen bridges over underpass I 10 I I 7 I 3 1 2 1 7 1 1 2 1 3 5 - - 10 5 - 5 I 10 I l~; I 10 I -5 I 1 10 12~3 1 10 I -5 I 5 1 3 I 1 5 1 1 7 1 7 -10 -5 5 1 10 1 5 110 1 2003 I 10 5 5 5 5 1 5 1 5 5 I -I -I 10 I -5 I -I 5 I 40 I 6 $100,000+ 5 112 I -110 I -5 I -5 I 5 I 49 I 2 $125,000+ 5 121 -10 -5 -5 5 45 3 $75,000 -$100,00 -5 20 I -3 -5 I -5 43 5 $40,000+ 5 1 12 1 3 1 10 1 -10 1 -1 5 1 64 1 $170,000+ $50,000+ 5 1 5 1 -1 10 1 -5 1 -5 1 5 1 44 I 4 $85,000 5 15 5 55 3 $45,000 2. Homeward Hills Road -I 2 I 5 I 5 I -I 10 I 5 I 5 I -I -I 1 I 15 I -5 I -I 41 I 5 $100,000+ widen 6-8" 3. Bittersweet Drive 2 -3 5 10 5 5 - -15 1 --62 1 $15,000 -$20,000 4. Valley View from Dell 2 -5 5 10 5 5 --15 15 -5 -51 2 $2,000 Road to Lookout Court 5. Amsden Way 2 -3 5 5 5 5 - -15 5 - -45 1 $20,000 -$25,000 6. Linden Drive 2 -3 -5 -10 5 5 - --1 - -31 10 $15,000 -$20,000 1. Buckingham Drive 2 -3 5 10 5 5 -- - 10 - -45 1 $5,000 -$1,000 8. Linden Drive to Amsden - - -5 5 5 5 - - 15 10 - - 45 1 $1,000 -$10,000 Way 9. Franlo Road from ALP to 2 -5 5. 10 5 5 - -10 I 1 I -I -49 4 $15,000 -$20,000 Mount Curve ~ I 10. Flying Cloud Drive along 2 -5 5 10 5 5 -3 5 1 I -I -41 5 $12,000 -$15,000 Nine Mile Creek 11. Trail off Valley View East ---5 5 5 5 -3 1 15 I -I -I 45 I 1 $1,000 -$10,000 of Nine Mile Creek 12. Tamarack Trail 2 -3 5 10 5 5 - - -1 I -I -I 31 I 10 I $10,000 -$15,000 13. Chestnut Drive -east end 2 -3 5 10 5 5 --3 101 -I -I 43 I 12 I $1000 l. Smetana Lake Loop Trail -- - 1998 5 5 5 -3 I 10 I 3 I -I 5 I 31 I 4 I $40,000 -5 2. Rice Marsh Lake Trail to - - - -10 5 5 -5 I 10 I 5 I -I 5 I 45 I 1 I $20,000 Dell Road 3. Edenbrook Tail - - - - 10 5 5 5 I -I 10 I 3 I -I 5 I 43 I 2 I $50,000 4. Timber Creek Trail -- --10 5 5 -I -I 1 I 5 I -I 5 I 31 I 3 I $20,000 1. Widen Trail around - - - - 10 5 5 5 -15 -10 -5 I -25 2 $100,000 + Round Lake 2. Widen Trail around - - --10 5 5 5 -15 -10 -5 I -I 25 I 2 $250,000+ Staring Lake 3. Improve Trails at Hidden -- - - 10 5 5 20 -10 3 -5 58 1 $7,000 -$30,000 Ponds depends on option chosen 4. Replace Trails to Pheasant -5 --10 5 5 5 -15 -10 --35 4 $7,000 -$10,000 Woods a TrailChlBob96 March 17, 1997 LEASE AGREEMENT This Lease Agreement, :r,ade this 15th day of April, 1997, between City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as "Landlord," a~d APT Minneapolis, Inc., a Delaware corporation, 1701 East 79~h Street, Suite 19, Minneapolis, Minnesota, 55425, hereinafter referred to as "Tenant." RECITALS: FL Landlord is the owner )f certain real property located in Hennepin County, State of Minnesota, and more particularly described in Exhibit A a~tached hereto (the "Land") on which is situated a water tower (the "Water Tower"). The Land and Water Tower are hereafter called (the "Property"). B. Tenant desires to lease portions of the Property as described herein for the purpose of constructing, operating, and maintaining a communications facility ("Facility") NOW THEREFORE, the parties agree as follows: 1. Grant of Lease. Landlord hereby leases to Tenant the use of that part of the Property described in Paragraph 4 of this Agreement for the period, uses, and consideration in accordance with all of the terms, covenants, conditions, and provisions contained herein. 2. Term. The term of the Lease granted hereby shall be for a period of five years, commencing on the 15th day of April, 1 9 97 ( the "T e rm") . 3. Consideration. following: Tenant shall payor provide to Landlord the (al Annual rent in the following amounts: Year 1 -$12,000.00 Year 2 -12,600.00 Year 3 -13,230.00 Year 4 -13,891.50 Year 5 -14,586.08 Annual rent shall be payable in equal quarterly installments commencing on or before the first day on which the Term commences (to be prorated if the commencement date falls within a calendar quarter) and on or before the first day of each calendar quarter Page 1 thereafter during the Term and any Extended Term as provided hereafter. (b) Thirty and no/100 Dollars ($30.00) per occurrence to Landlord to reimburse Landlord for its costs incurred by its personnel unlocking the door to the Water Tower to enable Tenant's designee access to its facili ty. This amount shall be increased each year commencing after year one (1) by five percent (5%). 4. Tenant's Use. Tenant may use the following parts of the Property for the following uses, and the construction, maintenance, repair and replacement of the following (all of which are hereafter referred to as the "Improvements U ): (a) Not more than nine (9) cellular and link antennas and necessary connecting wave-guide and appurtenances on the Water Tower as more particularly described in Exhibit B attached hereto. (b) A mezzanine consis~ing of approximately 150 square feet to be constructed within the stem of the Water Tower as described in Exhibi t B attached hereto to house and contain Tenant's radio equipment ("Equipment Structure U ) • (c) Utility wires, cables, conduits and pipes underground and within that Dart of the Property described in Exhibit C attached hereto. (d) Right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle for the purpose of constructing, inspecting, maintaining and repairing its antenna facility and related equipment. (e) A separately meLered utility. connection to the electric (f) All Improvements shall be at Tenant's expense and the Improvements, including antennas and equipment, shall be maintained in a reasonable condition and secured by Tenant. Tenant shall ensure that its use of the Property is consistent with all local, state and federal laws, ordinances, and regulations. 5. Non-Exclusive Lease. Except as to that part of the Property leased to Tenant, Tenant's right to use those portions of Landlord's Property described is non-exclusive and Landlord shall have the right to use its Property and to authorize ?age 2 others to do so as Landlord, in its sole discretion, may determine. In the eve:1t. that the use of the Property by others to whom Landlora may authorize such use constitutes an unreasonable or harmful interference with Tenant's use of the Property, Tenant ~,ay give notice to Landlord of such interference. I f the =-=: t.erference is not corrected wi thin thirty (30) days after ~~e giving of such notice, Tenant may terminate this agreemen~ ~pon notice to Landlord. 6. Utilities and Taxes. Tenant will be responsible for installation and payment. of all utilities required by its use of the Property. ~enant shall pay personal property or real estate taxes levied against or upon the Improvements or the Property as a resul~ of the Improveme~ts or use of the Property by Tenant. Landlord will provide to Tenant a copy of any notice of taxes or special assessments imposed upon the Improvements or ProDerty as a result of the Improvements or use of the Property oy Tenant, which Landlord may receive from any taxing authority. Subject to any and all limi tations imposed by law, Tenant may contest, at its own expense, any such taxes or assessments. 7. Maintenance. All costs for maintenance of the Property, including painting or other maintenance of the Water Tower, that result from Tenant's use of the Property shall be paid promptly to Landlord by Tenant upon Landlord's incurring the cost thereof. 8. Ownership of Improvements. During the term of this Agreement and any Extended Term, ownership of the Improvements will remain in the Tenant. Upon termination of this Agreement for any reason, including expiration of the Term or an Extended Term, the Improvements shall become the property of Landlord, except (a) the transmitting, receiving, antennae switching equipment and cabinets commonly associated with wireless telephone service, and (b) those as to which Landlord notifies Tenant of Landlord's desire to have removed. In the event Landlord gives such notice to Tenant, Tenant shall, within sixty (60) days from the effective date of notice, remove those Improvements which Landlord has notified Tenant of its desire to have removed and shall restore the Property from which they have been removed to its condition at the commencement of the Term, ordinary wear and tear and casualty damage excepted. 9. (intentionally left blank) 10. Indemnification. Landlord harmless Tenant shall defend, indemnify, and hold against any claim of liability or loss Page 3 from bodily injury, property damage or liens resulting from or arising out of the use and occupancy of the Property, and the installation and/or removal of the Improvements by the Tenant, its servants or agents, including reasonable attorneys, fees and cos ts, except to the extent that such injury to persons or damage to Property is due to the negligence, willful acts or omissions of Landlord, its officers, employees or agents. Landlord shall defend, indemnify, and hold Tenant harmless against any claim of liabili ty or loss from bodily inj ury, property damage or liens resulting from or arising out of the use and occupancy of the Property by the Landlord, its servants or agents, incl uding reasonable attorneys, fees and costs, except to the extent that such injury to persons or damage to Property is due to the negligence, willful acts or omissions of Tenant, its officers, employees or agents. 11. Insurance. Tenant shall carry insurance to protect against any and all claims, demands, actions, judgments, expenses (including reasonable attorney's fees) and liabili ties which may arise out of or result, directly or indirectly, from Tenant's use of the Property. The policy providing ~he liability insurance shall list Landlord as an addi tional insured to the extent provided under Paragraph 10, Indemnification. ~andlord's policy will always prevail as excess over any valid and collectable insurance. The policy shall have coverage limits of $2,000,000 for anyone occurrence for property damage for bodily injury or death. Tenant shall also maintain worker's compensation insurance required by law. Insurance meeting the requirements of this paragraph shall be maiCltained for the entire term of this Agreement. Tenant shall provide a certificate of insurance on an ACORD form before installing the improvements and using the Property. Tenant shall thereafter provide current certificates of insurance annually and mailed within 7 to 10 business days following expiration. Insurance shall not be subject to cancellation unless thirty (30) days prior written notice has been given to Landlord. 12. Temporary Interruptions of Service. When Landlord determines that continued operation of Tenant's Facilitj would cause or contribute to an immediate threat to the public (including maintenance and operating personnel) health and/or safety (except for issues associated with human exposure to radio frequency emissions, which is regulated by the federal government), Landlord may without prior notice to Tenant cause discontinuance of Tenant's Facility or may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service Page 4 shall be discontinued only for the period that the immediate threat exists. If pr~or notice is not given to Tenant, Landlord shall notify ~enant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Facility. If the discontinuance shall extend for a period greater than three days, either consecutively or cumula ti vely, Tenant shall have the right to terminate this Agreement within its sole discretion wi thout any prior notice. Any rent paid for any period of time after the date ~f termination by Tenant shall be refunded to Tenant. Landlord shall notify Tenant of any major construction or installation of equipment (where the cost of such construction or 2quipment exceeds $10,000.00) not less than thirty (30) days prior to commencement of any such work on the Property, Tenant shall dispatch a technician to the site to coordinate such ac~i vi ties with Tenant's operation of Tenant's communications Facility. If Landlord notifies Tenant of any planned adj ustments, routine maintenance or inspections (where the cost of such adjustments, maintenance or inspections are $10,000.00 or less) not less than five (5) business days prior to commencement of any such adjustments, Tenant shall dispatch a technician to the site to coordinate such activities with Tenant's operation of Tenant's communications Facility. In the event of an emergency, Landlord shall promptly notify Tenant's Network Operations Center and Tenant shall dispatch a technician to the Property to cooperate with Landlord in alleviating any emergency. 13. Interference with the Water Tower. Tenant shall not interfere with Landlord's (and others to whom Landlord has granted the use of the Property) use of the Property, including the Water Tower and agrees to cease all such actions which unreasonably and materially interfere with Landlord's or other's use of the Property no later than thirty (30) business days after receipt of written notice of the interference from Landlord. If the interference cannot be eliminated within 30 days after Tenant has received Landlord's written notice, either Landlord or Tenant may at its option terminate this Agreement immediately. 14. Interference with Communications. APT's equipment shall be installed and operated in a manner which does not cause interference to Owner's radio equipment. Should any such interference occur, Owner and APT shall diligently pursue a cure to remove or satisfactorily attenuate such Page 5 interference. I f such interference to the Owner's radio equipment cannot be cured or satisfactorily attenuated, APT agrees to immediately stop using its equipment if so demanded in writing by Owner. Owner hereby covenants to use its best efforts to afford APT similar protection from interference which may be caused by the operations of subsequent additional Owner's Property users. If the interference cannot be eliminated wi thin sixty (60) days after Tenant has received Landlord's written notice, either Landlord or Tenant may at its option terminate this Agreement immediately. 15. Additional Covenants. Tenant shall (a) not, without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed, use any process or method in the installation, maintenance or removal of any improvement upon the Water Tower by means of welding, cutting tool or other device which could damage the Water Tower, including its interior and exterior paint or any equipment attached thereto, (b) protect the Improvements from damage or harm in the event of the repair or maintenance of the Water Tower provided however, Tenants obligation pursuant to this clause is subject to Landlord's giving notice to Tenant of such intended repair or maintenance ten (10) days prior to commencement of the repair or maintenance, except when such notice is impractical due to an emergency, (c) not, without Landlord's consent, remove, cut or trim any trees or other vegetation on the Property, and (d) replace significant trees (as defined in Eden Prairie City Code) lost or reasonably anticipated to be lost as a result of construction of Improvements upon the Property in accordance with ~he provisions of Eden Prairie City Code Section 11.55, Subd. 5. C. 9. 16. Default. The following shall constitute an event of default by Tenant, (Tenant's Default): (a) Tenant's failure to make prompt payment of a fee or other amount due within fifteen (15) days after notice by Landlord that the fee or other amount is due. (b) (c) Tenant's contained Agreement. failure to comply in Sections 5, with 12, Tenant's covenant within failure to observe or or condition contained 30 days after written Page 6 Tenant's 13 and obligations 14 of this perform in this notice any other Agreement to Tenant specifying such failure and requiring Tenant to remedy the same. (d) The adj udica tion 0 f Tenant as bankrupt by a court of competent jurisdic~ion, or the entry by such a court of an order approving a petition seeking reorganization of Tenant under the :ederal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Tenant or of al~ or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit in each case, the order or decree remains unstayed and in effect for ~inety (90) days. (e) The filing by Tenant of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of 'all or any substantial part of the property of Tenant; or the filing by Tenant of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Tenant of a petition to take advantage of any debtor's act. 17. Remedies. Upon Tenant's Default, Landlord shall be entitled to terminate this Agreement, seek specific performance, and/or seek damages. The exercise of one or more of such remedies by Landlord shall not be deemed an election or waiver of the right to exercise any other remedy. 18. Termination. Landlord shall have not duty or obligation to maintain, repair, restore, replace or modify the Water Tower, the Property, or any of Landlord's facilities, fixtures, personal property or improvements located thereon or therein. In the event that Landlord fails to maintain, repair, restore, replace or modify the Water Tower, the Property, or any of Landlord's facilities, fixtures, personal property or improvements located thereon or therein, then Tenant shall have the right to immediately terminate this Agreement. If, in Landlord's sole judgment, at any time, Landlord discontinues its use of the Water Tower, either Landlord or Tenant shall have the right to immediately terminate this Agreement. Upon termination of this Agreement in accordance with this Section 18, upon Tenant' s Default as provided herein or upon expiration of the Term or any Extended Term or pursuant to Tenant's right Page 7 to terminate as provided in section 5. hereof, the parties obligations under this ~greement shall cease except Tenant's obligations with respect to Sections 8 and 10 of this Agreement and to make payment of any amounts to which Landlord is entitled at. such time. Termination shall not relieve Tenant of any liability by way of damages to which Landlord may be entitled upon Tenant's default hereunder. 19. Extended Terms. Tenant shall have the right to extend this Agreement for three (3) additional five (5) year terms ("Extended Terms") This Agreement shall automatically be extended for each successive Extended Term unless Tenant notifies Landlord of its intention not to renew this .l'greement at leas t SlX ( 6 ) months prior to the end of the then current term. The annual Lease fees for the Extended Terms are as follows: (a) First Extended Term Year 6 $15,315.38 Year ..., 16,081.15 I Year 8 16,885.21 Year 9 2.7,729.47 Year 10 18,615.94 (b) Second Extended Term Year 11 $19,546.74 Year 12 20,524.08 Year 13 21,550.28 Year 14 22,627.79 Year 15 23,759.18 (c) Third Extended Term Year 16 $24,947.14 Year 17 26,194.50 Year 18 27,504.22 Year 19 28,879.43 Year 20 30,323.40 20. Title Contingency. This Agreement is subject to and contingent upon Tenant's determination that Landlord holds good and marketable title to the Property free and clear of all claims and encumbrances. In the event that Tenant determines that Landlord does not hold good and marketable ti tIe to the Property free and clear of all claims and encumbrances wi thin thirty (30) days from the date of this Agreement, then this Agreement shall be null and void and Page 8 all moneys paid by Tenant to Landlord under this Agreement shall be refunded to Tenant. 21. .qssignment. This Agreement may not be sold, assigned, or Lransferred at any time by Tenant, without Landlord's approval; provided, however, that Tenant may assign or otherwise transfer such interest, without Landlord's approval, to its parent company, any subsidiary or affiliate or to any successor-in-interest or entity acquiring a controlling interest in its stock or assets. 22. t:ntire Agreement. This }\greement contains all agreements, promises and understandings between Landlord and Tenant and no verbal or oral agreernents, promises, or understandings shall or will be bindi~g upon either Landlord or Tenant in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. 23. Interpretation. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Minnesota. 24. Termination. This Agreement may be terminated upon the expiration of six (6) months after notice by Tenant to Landlord of Tenant's election to terminate by Tenant, except only as expressly limited by the following: (a) Casualty. If any portion of Landlord's Property or the Communications Facility is damaged by any casual t:/ and such damage adversely affects Tenant's use of the Property, and Tenant gives written notice of the same within thirty (30) days after Tenant receives notice of such casualty, this Agreement shall terminate as of the date of the casualty, (b) Condemnation. If a condemning authority takes any portion of Landlord's Property and such taking adversely affects Tenant's use of the Property, and Tenant gives written notice of the same within thirty (30) days after Tenant receives notice of any such taking by condemnation, this Agreement shall terminate as of the date of the taking. in the event of termination of this Agreement by Tenant, any prepaid rent shall be immediately refunded to Tenant. Termination of this Agreement by Tenant shall not constitute a waiver of Tenant's rights under the Default paragraph of this Agreement. Page 9 25. Condemnation. The parties shall be entitled to make claims in any condemnation proceeding for value of their respective interests in Landlord's Property (which for Tenant may include, where applicable, the value of the Communications Facili ty, moving expenses, prepaid rent, and business ~elocation expenses). Sale of all or part of Landlord's Property to a purchaser with the power of eminent domain in the face of the exercise of such power shall be treated as a taking by condemnation. 26. Quiet Enj oyment. Tenant, upon performance of its obligations hereunder, shall peaceably and quietly have, hold and enjoy the Property. If, as of the date of execution of this Agreement or hereafter, there is any mortgage or other encumbrance affecting Landlord's Property, then Landlord agrees LO obtain from the holder of such encumbrance an agreement that Tenant shall not be disturbed in its possession, use and enj oyment of the Property in accordance with the terms of this Lease Agreement. 27. Miscellaneous. (a) Landlord represents and warrants that Landlord has full authori ty to enter into this Agreement and that any person or entity executing in a representative capacity for Landlord has full authority to do so, such authority being verified and confirmed by attestation in the space provided therefor. (b) This Agreement may be signed in counterparts by the parties hereto. (c) The prevailing party in any action or proceeding in court to enforce the terms of this Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the nonprevailing party. (d) Landlord hereby agrees to cooperate with Tenant and its authorized representatives regarding any reasonable requests made subsequent to execution of this Agreement to correct any clerical errors contained in this Agreement. (e) if any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. Page 10 (c) The prevailing party in any action or proceeding in court to enforce the terms of this Agreement shall be enti tied to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the nonprevailing party. (d) Landlord hereby agrees to cooperate with Tenant and its authorized represenLatives regarding any reasonable requests made subsequent to execution of this Agreement to correct any =lerical errors contained in this Agreement. (e) if any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. (f) Headings set forth herein are for convenience, only, and are not to be =onstrued against the content of any paragraph herein. 28. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Landlord by delivering it personally to the Manager of Tenant; or if it is directed to Tenant, by delivering it personally to Real Estate Department of Tenant; or if mailed in a sealed wrapper by Uni ted States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Landlord: If to Tenant: With a copy to: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn.: City Manager American Portable Telecom P. O. Box 31793 Chicago, Illinois 60631-0793 Attn: Real Estate Dept. APT Minneapolis, Inc. 1701 East 79th Street, Suite 19 Minneapolis, Minnesota, 55425 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, Page 11 however, that if notice is given by deposit, that the time for response to any nOLice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving wri tten notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 29. Recording of Memorandum. Landlord shall execute and Tenant shall be permitted to record at any time a memorandum of this Agreement. If t~is Agreement is terminated prior to the expiration of ~LS term, Tenant shall record an appropriate instrumenL to clear the memorandum from the title to the Property. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. Page 12 Date: , :397 STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) i-ANDLORD ::'!'Y OF ~DEN PRAIRIE 3Y: Jean L. :ts: Mayor 3y: Carl J. :ts: Manager :'axpayer I1) #: By: :ts: 3y: !ts: Harris JUllie 41-0855460 ':'::e :oregoing i::strt.:.."Tlenr. ':las acknowledged before me chis _ day of J 1997, jy ~ean :. Harris and Carl J. Jullie, respectively the Mayor and :ne City Manager of the City of Eden ?rairie, a ~innesota :nunic:.~al :::orporation, on :Oehalf of said corporar.ion. ~Iotary Public STATE CF~' \ COUNTY OF H~ ; 5S. :'he :::oregcing :':lst~.l.'"Tlenc ·:J~knowJredged before day of f?rpid J 19::', :~;y ~ 'Dr~ .=;=s::===~ ---~~~::=:::'~J ~~.e tsVIo gd-rM .,j,Ra ~PT M~r.neapol~s, Inc. (8 KRISTINA A, BOCIAN : , NOTARY PUBLIC· MINNESOTA My Comm. Exp. Jan. 31,2000 :Iotary Public Page d me this Ist= \ I P061 Edt:n Pramt: \VT EXHIBIT ",,\" LEGAL DESCRIPTION OF OWNER'S PROPERTY: REAL PROPERTY IN HENl'-iEPIN. COC:\TY. \llINNESOTA. DESCRIBED AS FOLLOWS: PID # 07-116-22-2'+-0048 TORRENS: (CERTIFICATE OF TITLE NO. 602432) THAT PART OF OUTLOT D. HIDDEN PONDS SECOND ADDITION. LYING SOUTHWESTERLY OF A LINE RL~NING SOUTHEASTERLY A. T RIGHT ANGLES WITH THE NORTHWESTERL Y LINE OF OUTLOT D THROLGH A POINT ON SAID "iORTHWESTERL Y U\iE A DISTA:\CE OF 355 FEET ~ORTHEASTERL Y FROM THE \l10ST WESTERLY CORNER OF OUTLOT D. AND ALSO. ABSTRACT: OUTLOT E. AUTUMN \VOODS FIRST ADDITION. It is agreed by OZl'Ilf.'r alld APT that the precise legal deSCription (or the 01l'lIer'S Property will /)1.' corrected if Ilecessary, IIlld that the correct legal deSCriptlOll lIIay be placed on this Exhibit U A" by APT. ----------------~~,==~:.:N":"~----~==== __ = __ =_=:~ __ ,..--. --... ; ..... _-,.., I I ---1 f! , i ~ht L:~ LFoJ~~ 1 i, ' , , : i, i i- j\j ----~ ) ._----, I 81 ~h ~ .. ~ ~ 0 ll. ~ U -E--~ ~~ T I S t- t-• • • r-, \ 1\1\ 1\ I\~ liT! "I'I uu Jfl- --t--- . ":: f:-···· -~-_;~"'., .:o-or m -~ ~"lIJ.M~ , !i ,,, .- I j r ~ ~, I ib 'J i , I " ~ U ,3 !lr U> . .-=.~-~~:::=-=::.= .:= _. ..- z :5 n. ... o ~ fllL!.IWGI/toO:olUlT\d _."\IU_~ I 1I\1\1\~r\I\ OOi'HT 11111 II CITY COUNCIL / STAFF WORKSHOP Strategic Management / EP 2001 Workshop TUESDAY, APRIL 22,1997 7:00 PM, City Center Heritage Room IV COUNCILMEMBERS: Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Public Works Gene Dietz, City Engineer Al Gray, Chief of Police Jim Clark, Director of Assessing & MIS Steve Sinell, Director of Finance John Frane, Director of Human Resources, Community Information & Services Natalie Swaggert, Director of Inspections Kevin Schmieg, Director of Parks, Recreation & Natural Resources Bob Lambert FACILITATOR: Elizabeth Craig AGENDA I. CALL MEETING TO ORDER II. DISCUSSION ON STRATEGIC MANAGEMENT I EP 2001 A. Strategic Planning vs. Strategic Management: Jean Harris B. Review History of Strategic Planning Efforts: Elizabeth Craig C. Review Norms of Behavior: Elizabeth Craig D. Decision Making Process 1. Pyramid Model 2. City Council Decision I Process E. Agenda for May 27 Strategic Management I EP 2001 Workshop 1. Identification and Development of Community Values 2. Process for Community Validation of Values III. OTHER BUSINESS IV. ADJOURNMENT