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HomeMy WebLinkAboutCity Council - 06/03/1997 CITY COUNCIL/STAFF WORKSHOP ON LIQUOR STORE SALES TUESDAY, JUNE 3, 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, Finance Director John Frane, Assistant Finance Director Don Uram, Liquor Store Managers Mitchell Dean, Bill Lempesis, Jack Schepers, and Recording Secretary Jan Nelson I. CALL MEETING TO ORDER II. STAFF REVIEW OF HISTORICAL BACKGROUND, PRESENT BUSINESS ACTIVITY, AND FUTURE PROJECTIONS III. PROPOSED MANAGEMENT STUDY OF LIQUOR OPERATIONS IV. OTHER BUSINESS V. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 3, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: 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 Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION OF "KEY TO THE CITY" TO THE FAMILY OF FORMER COUNCILMEMBER RICHARD T. ANDERSON I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, MAY 20, 1997 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 20, 1997 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RILEY-PURGATORY-BLUFF CREEK/CITY OF EDEN PRAIRIE WATER QUALITY GRANT APPLICATION C. 2ND READING OF THE ORDINANCE AMENDING CHAPTER 11 FOR TOWERS AND ANTENNAS City Council Agenda June 3, 1997 Page Two D. RESOLUTION APPROVING CONSTRUCTION PLANS FOR SHADY OAK ROAD AND FLYING CLOUD DRIVE IMPROVEMENTS, I.C. 94-5344 E. RESOLUTION APPROVING FINAL PLAT FOR SHADY OAK BUSINESS CENTER F. RELEASE OF SPECIAL ASSESSMENT AGREEMENT FOR . CEDAR RIDGE ESTATES 2ND ADDITION G. APPROVAL OF INCREASE FOR MILEAGE REIMBURSEMENT TO $0.31 PER MILE EFFECTIVE JUNE 1, 1997 H. DELEGARD COMMERCIAL by Curt and Duane Delegard. 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to Neighborhood Commercial on 3.66 acres, Adopt the Resolution for Site Plan Review on 3.66 acres and Approval of a Developer's Agreement for Delegard Commercial for Curt and Duane Delegard. Location: Dell Road and Highway 212. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) I. APPROVAL OF ENCROACHMENT AGREEMENT FOR INSTALLATION OF FIBER OPTIC CABLE WITH KMC V. PUBLIC HEARINGS/MEETINGS A. CROWN AVIATION by David Crown. Request for Site Plan Review on .7 acres for construction of an 18,125 sq. ft. hangar. Location: 14871 Pioneer Trail at west end of hangar row along Pioneer Trail. (Resolution for Site Plan Review) B. LAKE CORPORATE CENTER by Moen Leuer Construction. Request for PUD Concept Review on 8.64 acres, PUD District Review on 8.64 acres, Zoning District Amendment in the 1-2 Park District on 8.64 acres and Site Plan Review on 8.64 acres. Location: Wallace Road. (Resolution for PUD Concept Review and Ordinance for PUD District Review and Zoning District Amendment) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS City Council Agenda Tuesday, June 3, 1997 Page Three VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. PETITION FROM RESIDENTS OF HIDDEN GLEN NEIGHBORHOOD (Continued from May 20, 1997) IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) X. APPOINTMENTS A. APPOINTMENT TO FILL VACANCY ON THE ARTS COMMISSION FOR A TERM TO EXPIRE MARCH 31, 2000 XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Nesbitt Preserve Park 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 01/ ! UNAPPROVED MINUTES CITY COUNCIL/STAFF WORKSHOP TUESDAY, MAY 20, 1997 6:30 PM, HERITAGE ROOM IV 8080 Mitchell Road 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, Recreation Supervisor Lyndell Frey and Council Recorder Jan Nelson I. CALL MEETING TO ORDER Acting Mayor Tyra-Lukens called the meeting to order at 6:45 p.m. Mayor Harris was absent. II. PRESENTATIONS BY LORI GERVAL, ACTING COORDINATOR FOR THE ASSET BUILDING COMMITTEE. AND LYNDELL FREY, RECREATION SUPERVISOR FOR THE CITY OF EDEN PRAIRIE Lori Gerval, Acting Coordinator for Building Assets Together reviewed the concept of asset building and the results of the survey done in Eden Prairie in November 1996 by Search Institute with 1100 kids in grades 7 and 9-12. Case asked if there is a national average for the area of positive family communications. Gerval said there is no breakdown comparison available. Case suggested there may be a difference between perception and reality, especially with kids of this age group, and asked how we get beyond their perception. Butcher- Younghans thought their perception is still valid. Gerval thought the most important thing is doing something about it and addressing the perception of the youth. Lyndell Frey, Recreation Supervisor, said he is interested in how we can use the 40 assets as a tool. It takes the entire community to do it, and they plan to share the information with Staff, Commissions and Boards. He reviewed how three of the current programs fit into the asset building concepts. They plan to share the information with the various Athletic Association Boards so they can incorporate some of the concepts in their programs. Frey said the Police Department does a wonderful job of working with kids and supporting the programs. They also want to go out to corporations to provide information on ways they can build assets in kids. He said they are open to ideas from the Council for ways to implement the information in the City. 1 CITY COUNCIL/STAFF WORKSHOP MINUTES May 20, 1997 Page 2 Tyra-Lukens said it is valuable to hear this and to think about how we can do a better job at addressing the issues. She thought it was a wake-up call to learn that, as a City, we came out average on the scale. Gerval said they have a group of 60 people on their mailing list that represents a broad cross section of the community. They looked to see who would be the best target audience and decided to hit four areas. The first is building a broad-based awareness of the information by communications about Building Assets Together. They have a communication subgroup that is identifying opportunities to communicate what they are doing. In addition, they are going to address three basic audiences--families, youth organizations and youth athletics, and businesses. They are developing a marketing program to hit their target audiences. Gerval said they have started a "Random Acts of Kindness Fund" and are working with the schools to acknowledge kids. She said they are emphasizing the point that it is not just people with kids that have a responsibility. Enger asked what the goal is for the program. Gerval said they want to move from the current average of 20.9 assets per kid to 31-40 assets. We need to look at what opportunities we have with our current activities and where we need to build. Butcher-Younghans said it would be interesting do another survey in the future to see what we can really touch because she thought there are some areas we may never increase. Gerval said she didn't know of any places that have retested because the concept is very new. There will be a Channel 4 Dimension report tonight that may make some of the concepts more tangible. Tyra-Lukens asked who provided the funding. Gerval said Lutheran Brotherhood provided the funding for testing and scoring. Tyra-Lukens then asked if there are plans to retest. Gerval said it is probably too early to know, but they would like to see that done. Thorfinnson said there are huge concepts to deal with here, and we don't know which kids need which assets. He thought the task is overwhelming. We might be able to tweak our activities somewhat but we don't know what they need. Gerval said it is an on-going thing--you are never done. Thorfinnson thought there will need to be an action plan and they will have to determine which things to work on. Gerval noted an important part of the process is building awareness. Butcher-Younghans thought we all need to have our consciousness raised about giving positive feedback. Case thought it will be great to use as a tool to raise the awareness of providers, but he thought some of the numbers will always come out the same. 2 CITY COUNCIL/STAFF WORKSHOP MINUTES May 20, 1997 Page 3 Frey thought we can look at our programs to see how we can do better in light of building assets and helping kids grow more. Gerval said they have two high school seniors on their committee, and they hope to get them involved. Jullie asked if there is any analysis of different grade groups. Gerval said they look at trends without looking at detail. Jullie thought it would be meaningful if, for instance, the younger kids were stronger in one area. Case said he would like to see some statistics on the various ages. Gerval said they have applied for grant money for communication materials. Tyra-Lukens thanked Gerval and Frey for their presentation. IV. OTHER BUSINESS IV. ADJOURNMENT Acting Mayor Tyra-Lukens adjourned the meeting at 7:25 p.m. :1 Tern 612 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 20, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: 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 Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE Acting Mayor Tyra-Lukens called the meeting to order at 7:30 p.m. ROLL CALL Mayor Harris was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item XI.D.1. Discussion on Changing Start Time of Workshop Scheduled for Tuesday, May 27, 1997. Butcher-Younghans added item XI.A.1. Brief Report on South Hennepin Regional Planning Agency (SHeRPAl. MOTION: Butcher-Younghans moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 4-0. H. OPEN PODIUM III MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, MAY 6, 1997 Butcher-Younghans said the first sentence in Item II should be changed to "...with input from Councilmember Tyra-Lukens." MOTION: Case moved, seconded by Butcher-Younghans, to approve as published and amended the Minutes of the City Council/Staff Workshop held Tuesday, May 6, 1997. Motion carried 3-0-1, with Thorfinnson abstaining. CITY COUNCILL MINUTES May 20, 1997 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 6, 1997 MOTION: Case moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council meeting held Tuesday, May 6, 1997. Motion carried 4-0. IV. CONSENTCONSENZCALEISIDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE 24-97 AMENDING CITY CODE CHAPTER 4, SECTION 4.06. SUBD. 3, SECTION 480, SUBD. D, AND ADOPT BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 RELATING TO BEER, WINE & LIQUOR C. LAKE SMETANA APARTMENTS by Klodt Incorporated. 2nd Reading of Ordinance 21-97-PUD-13-97 for PUD District Review on 17.19 acres and Zoning District Change from Rural to RM-2.5 on 12.37 acres, Adoption of Resolution 97-92 for Site Plan Review on 12.37 acres and Approval of a Developer's Agreement for Lake Smetana Apartments for Klodt Incorporated. Location: Smetana Lane. (Ordinance 21-97-PUD-13-97 for PUD District Review and Rezoning and Resolution 97-92 for Site Plan Review) D. EXTENDED STAY AMERICA by ESA Management, Inc.. 2nd Reading of Ordinance 23-97-PUD-15-97 for Planned Unit Development District Review on 3.63 acres and Rezoning from C-Regional to Commercial Regional Service on 3.63 acres, Adoption of Resolution 97-93 for Site Plan Review on 3.63 acres and Approval of a Developer's Agreement for ESA Management, Inc.. Location: Valley View Road, West of Market Place Drive. (Ordinance 23-97- PUD-15-97 for PUD District Review and Rezoning and Resolution 97-93 for Site Plan Review) E. TOWNPLACE CENTRE by CSM Lodging, LLC. 2nd Reading of Ordinance 23-97-PUD-15-97 for PUD District Review on 10.59 acres and Rezoning from R1-22 to C-Regional Service on 6.4 acres and from Public to C-Regional Service on 4.19 acres, Adoption of Resolution 97-94 for Site Plan Review on 10.59 acres and Approval of a Developer's Agreement for Townplace Centre. Location: Highway 169, Leona Road, Highway 494, Prairie Center Drive. (Ordinance 22-97-PUD-14-97 for PUD District Review and Rezoning and Resolution 97-94 for Site Plan Review) F. APPROVE CHANGE ORDER #2 FOR LIQUOR STORE CONSTRUCTION G. APPROVE RECOMMENDATION FOR FEASIBILITY STUDY FOR HIDDEN PONDS TRAIL RENOVATION 2. CITY COUNCILL MINUTES May 20, 1997 Page 3 H. APPROVE RECOMMENDATION TOJNSTALL PLAY EQUIPMENT AT RILEY LAKE PARK I. RESOLUTION 97-95 APPROVING FINAL PLAT FOR MINNESOTA TREE FOURTH ADDITION (located at the southeast and southwest quadrant of Prairie Center Drive and Valley View Road J. RESOLUTION 97-96 APPROVING FINAL PLAT OF TOWNEPLACE CENTRE (located north of Leona Road and east of T.H. 169/212 K. RESOLUTION 97-97 APPROVING AWARD OF SELF-PROPELLED POWER SWEEPER, I.C. 97-5436 L. APPROVAL OF TRANSFER OF PROPERTY TO HENNEPIN COUNTY FOR THE CONSTRUCTION OF CSAH 4/HIGH SCHOOL ENTRANCE PROTECT, I.C. 96-5404 M. APPROVE CHANGE ORDER NOS. 2 & 3 FOR MARKETCENTER IMPROVEMENT CONTRACT Regarding Item H, Butcher-Younghans asked where the playground equipment will be installed. Lambert said it will be placed within the triangular area where the three sidewalks going towards the lake intersect. Butcher-Younghans then asked if there are any plans to landscape around the farmhouse there since it is in poor shape. Lambert said they have not done any assessment, but they can take it up with the Heritage Preservation Commission (HPC). They prefer to leave the historic sites to the direction of the HPC. Regarding Item M, Tyra-Lukens noted the figures provided on the change orders do not add up. Thorfinnson thought there was another change order that was not referred to in the documentation. Enger said he will check it out and report back. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve items A-M of the Consent Calendar. Motion carried 4-0. V. PUBLIC HEARINGS/MEETINGS A. EQUITABLE OFFICE BUILDING by Edenvale Partners LLC . Request for PUD Concept Review on 7.95 acres, PUD District Review on 7.95 acres, Zoning District Change from Rural to Office on 7.95 acres, and Preliminary Plat of 7.95 acres into one lot. Location: Equitable Drive. (Resolution 97-98 for PUD Concept Review, Resolution 97-99 for Preliminary Plat and Ordinance for PUD District Review and Zoning District Change) I CITY COUNCILL MINUTES May 20, 1997 Page 4 Jullie said the official notice of this Public Hearing was published on May 8, 1997 in the Eden Prairie News and mailed to 15 property owners. The site plan for this project shows the construction of a 2-story, 19,936 square foot office building on 7.95 acres, located along Equitable Drive south of Valley View Road. Tom Ryan, representing R. J. Ryan Construction, reviewed the proposal. He said they also would like to request an early grading permit prior to final plat if the Council approves the project tonight. Enger said the Planning Commission unanimously recommended approval of this project at its May 12, 1997 meeting, subject to the recommendations of the Staff Reports of April 30 and May 9. Ryan noted they understand that there is no park dedication fee required. Lambert said that is because they are part of the original Edenvale PUD and there were no cash park fees there. Lambert said the Parks, Recreation & Natural Resources Commission unanimously recommended approval at its meeting of May 5, 1997, subject to the recommendations of the Staff Report of April 30. He said the Parks Commission asked the developer to include seedless cottonwood trees around the NURP pond. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 97-98 for PUD Concept Review on 7.95 acres; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to Office on 7.95 acres; to adopt Resolution 97-99 for Preliminary Plat Approval of 7.95 acres into one lot; to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, and to grant the request for an early grading permit with the understanding that proponent proceeds with grading at his own risk. Motion carried 4-0. B. FAX CHRISTI CATHOLIC COMMUNITY ADDITION by Pax Christi Catholic Community. Request for PUD Concept Amendment on 24 acres, PUD District Review on 24 acres, Zoning District Amendment in the Public District on 24 acres and Site Plan Review on 24 acres for construction of a 47,000 sq.ft. addition. Location: 12100 Pioneer Trail. (Resolution 97-100 for PUD Concept Amendment and Ordinance for PUD District Review and Zoning District Amendment) Jullie said the official notice of this Public Hearing was published on May 8, 1997 in the Eden Prairie News and mailed to 92 property owners. The site plan 4 CITY COUNCILL MINUTES May 20, 1997 Page 5 for this project shows construction of a 47,000 square foot multi-purpose activity center building and connecting link, providing additional meeting space, nursery, activity center and youth room, plus an additional 182 parking spaces. Tim Powers, Pastor of Pax Christi Catholic Community, said they are planning two phases of build-out of the current building. The first phase will be 47,000 square feet of new space for meetings and education. John Justus, project architect, reviewed the plans. He said there are three issues: the removal of the secondary access along Pioneer Trail; reinforcement plantings between the north boundary and the new construction; and the process with the Corps of Engineers regarding the new NURP pond location. The pond will provide storm water treatment for the existing site and for part of Homeward Hills Road. The Corps has a lengthy review process, but preliminary indications are that this is the best alternative for treating storm water runoff. They are pursuing various options for mitigation with the Corps. Jerry Roth, Parish Director, said they are asking for approval to receive the building permit prior to receipt of the Corps'approval. They will commit to doing whatever the Corps recommends. At this time the Corps has suggested they don't mitigate on site and that they work with the City to find an appropriate site. Enger said the Planning Commission unanimously recommended approval of this project at its April 28, 1997 meeting, subject to the recommendations of the Staff Report of April 25. Proponent has revised the plans to incorporate the suggestions of the Planning Commission. He said the Corps of Engineers has indicated that a 1-to-1 mitigation will be required, and they are working on the options for that. Lambert said the Parks Commission unanimously recommended approval at its meeting of May 5, 1997, subject to the recommendations of the April 28 and May 1 Staff Reports. There were no comments from the audience. Butcher-Younghans said she believes Pax Christi has really served the community well. She asked if they have a long-range plan to accommodate parking needs that the growth will bring and if the parking spaces planned will keep people from parking along both sides of Pioneer Trail. Roth said this project will provide another 700 parking spaces, and they believe this will meet the current needs as well as the maximum needs. He thinks people park along Pioneer Trail because of convenience when leaving the church services; however, they do not encourage people to park along the highway and they hope the new parking spaces will alleviate the highway parking situation. S CITY COUNCILL MINUTES May 20, 1997 Page 6 MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 97-100 for PUD Concept Amendment on 24 acres; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment in the Public District on 24 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Case asked if the motion includes the request for early grading. Enger said they are not asking for early grading but rather are asking that grading may occur prior to the Corps permit for the proposed NURP pond and the determination of where any required mitigation will occur. AMENDMENT TO THE MOTION: Case moved, seconded by Thorfinnson, to approve the request of proponent to begin grading prior to receipt of the Corps permit for the NURP pond and the mitigation recommendations. Tyra-Lukens asked if we could incur any type of liability if we pass the amendment. Enger said the Corps of Engeneers' letter seems clear they are in favor of protecting the wetlands with a NURP pond and with not mitigating on site. Staff will pursue off-site mitigation. VOTE ON THE AMENDMENT: Motion carried 4-0. VOTE ON THE MOTION AS AMENDED: Motion carried 4-0. C. HOMESTEAD VILLAGE by Homestead Village, Inc. Request for PUD Concept Amendment on 11.5 acres, PUD District Review on 2.4 acres, Zoning District Amendment in the C-Reg-Ser District on 2.4 acres and Site Plan Review on 2.4 acres for construction of a 97 unit hotel. Location: Technology Drive and Highway 212. (Resolution 97-101 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Jullie said the official notice of this Public Hearing was published on May 8, 1997 in the Eden Prairie News and mailed to 10 property owners. The site plan for this project shows the construction of a 48,488 square foot hotel on 2.4 acres, located along Technology Drive (West 78th Street) west of Highway 212. Paul Crabtree, representing Homestead Village, reviewed the project. It will be adjacent to Fuddruckers and will have 97 units and 102 parking spaces. Enger said the Planning Commission voted 5-1 to approve this project at its April 28, 1997 meeting, subject to the recommendations of the Staff Report of April 25, 1997. He said Commissioner Ismail voted against the project because he thought the ten-foot setback for the parking was inadequate to provide screening. He reviewed the seven waivers that will be required by the project. CITY COUNCILL MINUTES May 20, 1997 Page 7 Lambert said the Parks Commission unanimously recommended approval at its meeting on May 5, 1997, subject to the recommendations of the Staff Report of April 25 and April 30, 1997. Tyra-Lukens asked if there is a sidewalk along the road at this location so that snow removal will be an issue. Lambert said there is no sidewalk here. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 97-101 for PUD Concept Amendment on 11.5 acres; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment in the C-Reg-Ser District on 2.4 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council. Motion carried 4-0. D. CODE CHANGE - TOWERS AND ANTENNAS Request for code change to amend the City Code, Section 11.03, Subdivision 6. Site Plan and Architectural Review, Section 11.02 Definitions, adding a new Section 11.06 Towers and Antennas. The proposed code changes cover regulations for the placement and height of new towers and antennas. (Ordinance 25-97 Amending Chapter 11 for Telecommunications Tower) 7ullie said the official notice of this Public Hearing was published on May 8, 1997 in the Eden Prairie News. The initial Public Hearing for this Ordinance was conducted by the Council on April 1, 1997. Since then, the Telecommunications Task Force has met twice and has recommended some changes to the draft Ordinance pursuant to the Council's discussion on April 1. He reviewed the Ordinance changes that provide for a Site Plan Review process which includes a Public Hearing before the Planning Commission and City Council for any request for a tower over 80 feet tall, a maximum tower height of 150 feet, towers to be excluded from land zoned for residential use, a 4-to-1 setback for any tower adjacent to residential or rural properties and towers located in commercial areas to be subject to the usual setback requirements. Butcher-Younghans asked what the procedure will be for removal of obsolete towers as she did not see any reference to that in the ordinance. City Attorney Pauly said this was discussed at the last meeting of the Task Force. The consensus was that it probably is not necessary to include that because of other constraints that would occur upon termination of the tower being used. Tyra-Lukens thought there are many cases where that would be true; however, what incentive would there be if the company goes bankrupt. Pauly replied there would be no way to compel a bankrupt company to remove it without an arrangement for bond. The ordinances they looked at did not have such a condition. 7 CITY COUNCILL MINUTES May 20, 1997 Page 8 Butcher-Younghans was concerned because she has seen billboards that have fallen into disrepair, and she thought we could find ourselves in a similar situation with these towers. Thorfinnson thought in that case we would have our normal City codes to use to go in and take down the structure. He didn't think it would do any good to have it included in the ordinance. John Hull, 16703 Terry Pine Drive, said he manages a radio station in Chaska. He said towers do not present hazards and are very safe structures. Peter Beck, representing AT&T Wireless Service, said most of the issues they brought up have been addressed except for the 4-to-1 setback requirement for locations adjacent to residential or rural properties and the exclusion of towers from residential land. They would like to locate the towers in rural sites. He said they believe the requirement to have a City consultant check to see that the tower would not interfere with public safety puts the City into the federal area of regulation. They would prefer to deliver a letter from their radio frequency engineers that the tower will not interfere. John Barstow, 1701 E. 79th Street, representing American Portable Telecom, said they have the same concerns as Mr. Beck's. He noted that they are happy with the other changes that were made. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing. Motion carried 4-0. Case was concerned that we will be hamstrung in our efforts to meet residents' requirements and asked if we have looked at how the ordinance will affect our ability to meet the needs of our residents. Jullie said they talked about that in terms of how many towers we will end up with. He said NSP is pursuing the installation of the antennas on their towers. The industry is changing so fast it is difficult to know what this is evolving to. We have the variance process available, and we could consider amending the ordinance if we have to. Case thought much of the commercial/industrial zone will run along the highway, and he thought that is thinner than the 4-to-1 setback will provide. Jullie said some of our commercial areas are quite expansive, and that is why we reduced it from the 2-to-1 requirement to make it easier for them. Case was not sure the notification of property owners within 500 feet of the proposed site would be enough in some instances. He asked if staff could use their discretion to notify others. Jullie said staff could do that. Butcher-Younghans asked if the ordinance is similar to those in other cities in terms of the 4-to-1 setback requirement. Pauly said there is none that he is aware of that has the exact requirement. Bloomington has a 4-to-1 setback but it is limited to certain types of residential and is not as broad. CITY COUNCILL MINUTES May 20, 1997 Page 9 Thorfinnson thought we met a lot of the objections the providers had. The task force learned that this is an inexact science and no one is willing to commit to the number of towers that will be required. They had long discussions about the testing by Public Safety but they felt we need to protect our ability to communicate. MOTION: Thorfinnson moved, seconded by Case, to approve 1st Reading of Ordinance 25-97 regulating telecommunications towers and antennas. Motion carried 4-0. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfinnson, and Tyra-Lukens voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. PETITION FROM RESIDENTS OF HIDDEN GLEN NEIGHBORHOOD Jullie said residents of Hidden Ponds brought the petition with signatures that has been circulated in their neighborhood. Engineering staff has had some preliminary discussions with the residents concerning their issues, but staff would like time for more review before any decisions are made. Michael Arter, 18973 Pleasant View Road, reviewed the concerns of the neighborhood. Traffic on Dell Road goes at excessive speed rates and there are dangerous drivers who pass on the left. They have serious concerns about safety Mike Turgeon, 19197 Pleaasant View Road, said the "No Through Traffic" signs have been ignored. Brian McQuillan, 19141 Pleasant View Road, said there are many drivers who use Pleasant View Road as a cut-off. John Kuzaras, 19113 Pleasant View Road, said most of the children in the neighborhood are under ten. Many of the houses along Pleasant View are built up from the road, and kids ride bikes down the sloped driveways. He said the drivers do not pay attention as they drive through the residential neighborhood. Lana McQuillan, 19147 Pleasant View Road, said she thought we need to enforce the no through traffic rule. She asked that the road be metered again within the next three to four weeks to see if there is any increase in traffic. CITY COUNCILL MINUTES May 20, 1997 Page 10 Tyra-Lukens asked how long the no through traffic sign has been there. Dietz said he was not aware we had put one there; however he assumed it was something we did to address the issue early on. He reviewed some of the issues involved in temporarily closing the road to through traffic. LaDonna Krump, 19004 Pleasant View Road, reviewed the tally residents took of the traffic on Pleasant View Road. 97% of the license plates are Chanhassen residents. She said they are a short street that connects two major roads. Very few of the cars are going the speed limit. Arter said Pleasant View is currently designated as a residential street and there are others that are designated as collector streets within 1-1/2 miles down Dell Road. He thought it was reasonable to expect the traffic to use the collector street. Case said he would like to get a report back from staff on this. He thanked the residents for coming tonight and said he appreciated their open-minded, problem-solving attitude. He thought there are some short-term solutions available. Arter asked what the time frame is. Dietz said they would plan to have a report back at the next Council meeting. Case said the Council would be able to make a decision at that time. Tyra-Lukens thought this is an isolated case but it may reoccur in other areas in the next five years. We may need to develop some kind of policy to handle similar situations. Butcher-Younghans wondered how we would close it, and what effect there would be for emergency vehicles. She visited the site recently, and she understands what the residents mean about the through traffic and the speeds. MOTION: Case moved, seconded by Thorfinnson, to refer this matter to Staff for completion of the monitoring of traffic counts on Pleasantview Road, and for preparation of a Feasibility Study regarding a temporary closing of Pleasantview Road. Motion carried 4-0. B. COMMUNICATION FROM EDEN PRAIRIE 1997 RELAY FOR LIFE Mary Mach and Jenny Brown, representing the 1997 Relay for Life event, presented a video about the Relay for Life and reviewed the programs that are provided in the event. They asked the Council for suggestions as to how they can publicize the event. Tyra-Lukens asked if they have talked to the service groups at the High School. Brown said they tried but it is very difficult to contact them. They are trying to develop community awareness of the event. JQ CITY COUNCILL MINUTES May 20, 1997 Page 11 Tyra-Lukens suggested that individual Councilmembers contact them with any ideas. Thorfinnson asked if there will be a community newsletter going out before July 25th. Jullie said there may be one before that time. Thorfinnson asked staff to work it into the newsletter if that is possible. Tyra-Lukens asked if they have contacted the local cable channel. Brown said they are sending them a tape. Tyra-Lukens thanked them for their presentation. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. RECOMMENDATION FOR THE REAPPOINTMENT OF DELAVAN DYE TO THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT BOARD OF MANAGERS FOR A 3-YEAR TERM COMMENCING JULY 30, 1997 Jullie said Mr. Dye is requesting the City Council recommend to the Hennepin County Board of Commissioners his reappointment to the Riley-Purgatory-Bluff Creek Watershed District Board of Managers for a 3-year term commencing July 30, 1997. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to send a letter to the Hennepin County Board of Commissioners recommending the reappointment of Delavan Dye to the Riley-Purgatory-Bluff Creek Watershed District for a 3-year term commencing July 30, 1997. Motion carried 4-0. B. CONFIRM THE APPOINTMENT OF JEFFREY BAUER AS THE FLYING CLOUD BUSINESS ASSOCIATION REPRESENTATIVE TO FILL AN UNEXPIRED TERM ON THE FLYING CLOUD AIRPORT ADVISORY COMMISSION Jullie said due to the resignation of Marjorie Bundgaard as the Flying Cloud Business Association Representative, the Flying Cloud Business Association has assigned Jeffrey Bauer to take her place. MOTION: Butcher-Younghans moved, seconded by Case, to confirm Jeffrey Bauer as the Flying Cloud Business Association Representative to fill an unexpired term on the Flying Cloud Airport Advisory Commission for a term to expire March 31, 1998. Motion carried 4-0. I CITY COUNCILL MINUTES May 20, 1997 Page 12 XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Brief Report on South Hennepin Regional Planning Agency (SHeRPA) Butcher-Younghans said they recently had the ribbon-cutting ceremony for their Resource Center here at City Hall. She said the group works to understand the community needs and to connect to the various services, thereby filling the gap between needs and services. B. REPORT OF CITY MANAGER 1. Discussion on Changing Start Time of Workshop Scheduled for Tuesday, May 27, 1997 Jullie asked Councilmembers if they would be willing to change the time to 5:30 p.m. so that we can have extra time if it is needed. Tyra-Lukens asked if the proposed times would be 5:30 to 9:00 p.m. Jullie said that is correct. Thorfinnson thought it would be more productive to start earlier to make sure we don't run until 10:30 or 11:00. The consensus was to change the start time to 5:30 p.m. C. REPORT OF DIRECTOR OF PARKS,RECREATION & NATURAL RESOURCES 1. Flying Cloud Field Improvements Update and Recommendation Lambert said on March 4th the Council approved accepting proposed donations from the Soccer Association and Baseball Association for improvements at the Flying Cloud ballfields. Staff met with the Metropolitan Airports Commission (MAC) staff to review the plan. He said they tentatively support that concept, but they reminded staff that we are aware their plan for expansion has not received final approval and will not until the EIS is completed. Consequently, we might waste money putting an irrigation system into the fields. Staff returned to the Parks Commission last night for their suggestions, and they still recommend proceeding with the irrigation system and the road system around the perimeter. Case asked about the implications of the F.A.A. policy that states no airport land can be used for facilities such as this. Lambert said MAC CITY COUNCILL MINUTES May 20, 1997 Page 13 staff said that policy would not affect the Flying Cloud ballfields. If their expansion plan is approved, they have no use for this land as they will be building additional hangars on the south side of the property. Case asked if this would not prohibit a golf course in Zone B lands. Lambert said that is correct. MOTION: Case moved, seconded by Butcher-Younghans, to approve the recommendations for pursuing improvements of the Flying Cloud Field playfields as per the Staff Agenda Report of May 20, 1997. Motion carried 4-0. 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. ADTOURNMENT MOTION: Case moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried 4-0. Acting Mayor Tyra-Lukens adjourned the meeting at 9:30 p.m. l� VP CITY COUNCIL AGENDA DATE: ecJen SECTION: Consent Calendar 6-3-97 DEPARTMENT: ITEM 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(MULTI-FAMILY& COMM.) GASFITTER Construction 70 Inc Conveyor Craft Inc Neil Heating&Air Conditioning C F Haglin& Sons Co O'Brien Sheet Metal Inc Hall & Asssociates General Contractor Roto-Rooter Services Company G M Northrup Corporation David Wayne Construction Inc HEATING & VENTILATING PLUMBING Neil Heating& Air Conditioning O'Brien Sheet Metal Inc Hanson-Kleven Plumbing North Anoka Plumbing LAWN FERTILIZER APPLICATOR Roto-Rooter Services Company Schwickert's Property Upkeep Services of Minnesota S & S Lawn& Snow Inc SCAVENGER Roto-Rooter Services Company WATER SOFTENER Robert B Hill Company June 3 1997 1 CITY COUNCIL AGENDA Date: June 3, 1997 Section: Consent Calendar Department: PRNR Item Description: Riley-Purgatory-Bluff Creek/City Item No.:12y 6 Bob Lambert, Director of Eden Prairie Water Quality Grant Application \ REQUEST: City staff requests the City Council authorize the City to join the Riley-Purgatory-Bluff Creek Watershed District in applying for a Water Quality Grant from the Metropolitan Council for the Staring Lake Outlet/Purgatory Creek Recreation Area Project. BACKGROUND: The water quality grant application is for $100,000 for the water quality treatment portion of the project. A copy of the grant application is attached. If approved,this grant would reduce the cost of this project to the Watershed District and the City of Eden Prairie by the amount of the grant approved. BL:mdd Attachment: Grant Application 1 I 1997 TWIN CITIES WATER QUALITY INITIATIVE GRANT APPLICATION Legal N:unc of Project Sponsor: City of Eden Prairie/Riely-Purqatory-Bluff Creek Watershed District Designated Project Representative: Louis Haik, attorney for Watershed District i\'I Iing Address & Telephone Number of Project Sponsor: Krebsbach & Haik, Ltd. 701 Fourth Avenue South Suite 500 Minneapolis MN 55415 Project Tide: City of Eden Prairie/Riley Purgatory Bluff Creek Watershed/Water Quality Grant Applicatioi Grant Request Amount: $10 0, 0 0 0 • • Project Summary (Include a short description of the project, goals,objectives, aa_d project timeline.) The City Council of Eden prairie and Managers of the Riley-Purgatory- Bluff Creek Watershed District submit this grant application for the Staring Lake Outlet / Purgatory Creek Recreation Area Water Management project located south of Highway 5 and west of Interstate 494 in Eden Prairie . The Managers , for the first time, combine storm water management, water quality treatment, wetland restoration, wildlife enhancements , and municipal park and community programs in one multipurpose project. The design and project objectives were based on inputs from the Corps of Engineers , U.S . fish and Wildlife Service, Minnesota Department of Natural Resources Wildlife biologists , park planners, and citizens . The multipurpose project could be applied throughout the metropolitan area. The channel of Purgatory Creek controls the normal elevation of Staring Lake. A restriction in the channel of the creek downstream of the lake currently results in an artificailly high flood elevation. The project will provide: ( 1 ) a permanent structure that will establish a normal elevation of the lake; ( 2 ) a secondary low level outlet that will establish a flood elevation that minimizes environmental impacts ; and ( 3 ) provides an outlet that will control outflowdischarges from the lake as the creek flows toward the Minnesota River thereby reducing the potential for erosion in the steep bank bluff area of the creek. The costs of the water quality treatment portion of the project include: pipe outlets ( $136, 500 ) , control weir ( $6 , 000 ) , excavation of the water quality basin ( $235 , 000 ) , extension of the stormwater sewer system ( $28, 000 ) , and the control structure ( $70 ,000 ) . • The creek channel will be diverted through approximately 13 acres of open water within a future city park area. The northern 4 acres in surface area to be excavated to a depth of 10 feet will function as a water quality treatment facility in the removal of sediment/nutrient loadings from nonpoint source pollution conveyed by surface water runoff . Deeper water allows pollutants to settle out before moving downstream. The water will leave the 13-acre open water area and pass down stream to Staring Lake. The water quality treatment will reduce nonpoint source pollutants by 33% . The surface water outlet from the 13 acre open water sector discharges to the Purgatory Creek floodplain and during high intensity rainstorm events, Staring Lake, located immediately downstream, will provide flood storage to manage the increased surface water runoff. The project goals of management and treatment of nonpoint surface waters furthers two major objectives of the District ' s State Board approved water management plan. (Continue on back, if necessary) 1 2 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-3-97 SECTION: CONSENT CALENDAR (� ITEM NO. .LV. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger 2nd Reading of Tower and Antenna Ordinance Jean Johnson Requested Council Action: The Staff recommends that the Council take the following action: • Approve 2nd reading of Ordinance for Towers and Antennas. Background: The Council's public hearing and 1st reading occurred on 5-20-97. Supporting Reports: 1. Ordinance I LANG, PAULY, GREGERSON & ROSOW, LTD. ATTORNEYS AT LAW SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE, SUITE 370 EDEN PRAIRIE,MINNESOTA 55344 TELEPHONE: (612) 829-7355 FAX: (612) 829-0713 ROBERT I.LANG MINNEAPOLIS OFFICE ROGER A.PAULY DAVID H.GREGERSON* FIRST BANK PLACE RICHARD F.ROSOW 1600 IBM PARK BUILDING MARK J.JOHNSON 650 THIRD AVENUE SOUTH JOSEPH A.NILAN* MINNEAPOLIS,MINNESOTA 55402 TODD A.SATTLER TELEPHONE:(612)338-0755 JENNIFER M.INZ FAX:(612)349-6718 GERAINT D.POWELL JERRY D.PERRON REPLY TO EDEN PRAIRIE OFFICE *Also Admitted in Wisconsin MEMORANDUM TO: Mayor and Members of City Council THROUGH: Carl Jullie, City Manager FROM: Roger A. Pauly, City Attorney DATE: May 27, 1997 SUBJECT: Telecommunications Tower Ordinance The text of the Ordinance has been corrected in several instances to change "qualified licensed professional engineer" to "qualified registered professional engineer". In addition, Section 11, Subd. 8.C. has had added the sentence, "Strobe lights shall not be permitted during the hours between sundown and sunrise." Section 11, Subd. 8.E. corrects the name of "Federal Aviation Agency" to "Federal Aviation Administration". 2- CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.03 INCLUDING (1) THE EXCEPTION OF BUILDING OR ALTERING AN ANTENNA OR TOWER FROM SITE PLAN APPROVAL, (2) EXPANDING TO 500 FEET THE PROPERTIES TO WHICH MAILED NOTICE OF A PUBLIC HEARING MUST BE GIVEN, AND (3) AMENDING SUED. 3.F.; AMENDING CITY CODE CHAPTER 11, SECTION 11.02 INCLUDING THE ADDITION OF DEFINITIONS OF ANTENNA, COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES, PUBLIC UTILITY STRUCTURE AND TOWER; AMENDING CITY CODE CHAPTER 11, SECTIONS 11.06, 11.10, 11.11, 11.15, 11.20, 11.25, 11.30, 11.35 BY INCLUDING ANTENNAS AND TOWERS AS PERMITTED USES; AND AMENDING CITY CODE CHAPTER 11 BY ADDING A NEW SECTION 11.06 REGULATING THE PLACEMENT, HEIGHT, SETBACK, DESIGN AND APPROVAL PROCESS FOR TOWERS AND ANTENNAS,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: SECTION 1. City Code Section 11.03, Subd. 6. B. is amended as follows: B. Exceptions. The provisions of this subdivision shall not apply to the issuance of a building permit for (a) a building or structure to be built or constructed on land in conformity with a Site Plan approved prior to February 21, 1989, but not more than two years prior to issuance of the building permit by the City Council in connection with the rezoning or platting of the land, or (b) the building or alteration of an antenna or tower except an antenna or tower which is greater than 80 feet in height. The Director of Planning may determine that an alteration or enlargement of a building or structure is minor and does not require conformance with an approved Site Plan and Architectural Design or an amendment thereof, provided however, if the Director shall not make such a determination an owner of the land on which the building or structure intended to be altered or enlarged is situated may request the Council to make such determination. 1 3 SECTION 2. City Code Section 11.03, Subd. 6.F. is amended as follows: F. The Site Plan and Architectural Design may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until 60 days have elapsed from the date it has been referred to the Planning Commission for its study and report. No approval shall be given until a public hearing has been held thereon by the Council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City at least 10 days before the day of the hearing. A notice shall be mailed at least 10 days before the day of the hearing to each owner of property situated wholly or partly within 500 feet of the property to which the requested approval relates. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the owners and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The failure to give mailed notice to the property owners or defects in the notice shall not invalidate the proceeding provided a bonafide attempt to comply with this provision has been made. Approval of the Council shall require a two-thirds vote of all the members of the Council. SECTION 3. City Code Section 11.02 is amended by renumbering paragraphs 4 through 9 inclusive, as 5 through 10 inclusive; 10 through 41 inclusive, as 12 through 43 inclusive; 42 through 54 inclusive, as 45 through 57 inclusive; and, 55 through 63 inclusive, as 59 through 67 inclusive, and by adding new paragraphs 4, 11, 44 and 58 as follows: 4. "Antenna" - Any structure or device used for the purpose of collecting or transmitting electromagnetic waves,including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. 11. "Commercial Wireless Telecommunication Services" - Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio(SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. 2 `�t 44. "Public Utility Structure" - A structure or pole supporting wires for communication or transmission of data or electricity. 58. "Tower"- Any (a) ground or roof mounted pole, spire, structure, or combination thereof, taller than 15 feet, including supporting lines, cables, wires, braces, and masts, on which is mounted an antenna,meteorological device,or similar apparatus above grade,or(b) ground or roof mounted antennas taller than fifteen feet(15'). SECTION 4. City Code Section 11.10, Subd. 2 is amended by adding paragraph G. as follows: G. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. SECTION 5. City Code Section 11.11, Subd. 2 is amended by adding paragraph F. as follows: F. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. SECTION 6. City Code Section 11.15, Subd. 2 is amended by adding paragraph D. as follows: D. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. SECTION 7. City Code Section 11.20, Subd. 2 is amended by adding paragraph D. as follows: D. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. SECTION 8. City Code Section 11.25, Subd. 2 is amended by adding paragraph E. as follows: E. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. SECTION 9. City Code Section 11.30, Subd. 2 is amended by adding paragraph G. as follows: G. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. 3 SECTION 10. City Code Section 11.35, Subd. 2 is amended by adding paragraph F. as follows: F. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. SECTION 11. City Code Chapter 11 is amended by adding Section 11.06 as follows: "Section 11.06. Towers and Antennas. Subd. 1. Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary in order to: A. facilitate the provision of commercial wireless telecommunications services to the residents and businesses of the City; B. minimize adverse visual effects of towers through careful design and siting standards; C. avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and, D. maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. Subd.2. Prohibition. No tower or antenna shall be erected, constructed, maintained. altered or used unless in compliance with this section. Subd.3. Towers in Rural and Residential Zoning Districts. Towers shall be allowed in the Rural and Residential Zoning Districts only as follows: A. Towers for amateur radio communication and conforming to all applicable provisions of this Code shall be allowed only in the rear and side yards of rural and residential zoned lots. B. Towers for Commercial Wireless Telecommunications Services and conforming to all applicable provisions of this Code shall be allowed only in the following residentially-zoned locations: 1. parks, when compatible with the nature of the park; 2. schools; and 4 3. public streets and rights-of-way when attached to, or part of a public utility structure. Subd. 4. Height. A. The height of a tower shall be determined by measuring the vertical distance from the point of contact with the ground of the tower or the structure to which it is attached (if attached)to the highest point of the tower, including all antennas and other attachments. B. In all zoning districts the maximum height of a tower, except those which are public utility structures located within a Public Street or right-of-way, shall not exceed one foot for each four feet the tower is set back from a Rural or Residential Zoning District up to a maximum height of 150 feet. C. No antenna shall extend more than 20 feet above the highest point of a public utility structure. Subd. 5. Setbacks and Location. Towers shall conform with each of the following minimum requirements: A. Towers, except those which are public utility structures, located within a Public Street or right-of-way, shall meet the setbacks of the underlying zoning district, except industrial zoning districts where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements. B. Towers, except those which are public utility structures, located within a Public Street or right-of-way, shall not be located between a principal structure and a public street, with the following exceptions: 1. In industrial zoning districts, towers may be placed within a side yard abutting an internal street. 2. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a street. C. Towers which are public utility structures located in a Public Street or right-of-way need not be set back from a street or right-of-way line. D. A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line 5 support device or similar structure. Integration may include replication of the existing or proposed structure by a new structure provided the new structure is substantially similar in design and color to the exiting or proposed structure and extends no more than 20 feet above the highest point of the existing or proposed structure. Subd. 6. Exceptions. The provisions of Subds. 4 and 5 shall not apply to the following: 1. Water towers and poles supporting emergency warning devices to which are attached antennas. 2. Church sanctuaries, steeples and bell towers to which are attached antennas. 3. In accordance with the preemption ruling PRB1 of the Federal Communications Commission,towers for amateur radio communication that comply with other provisions of City Code Chapter 11 relating to towers. Subd.7. Co-Location Requirements. All commercial wireless telecommunication towers erected, constructed, or located within the City shall comply with the following requirements: A. A proposal for a new commercial wireless telecommunication services tower shall not be approved unless the City Manager or his designee finds that the telecommunications equipment intended to be attached to the proposed tower cannot be accommodated on an existing or approved tower, public utility structure, or building within one mile (one-half mile for towers under 120 feet in height, one quarter mile for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower, public utility structure or building, as documented at applicant's expense by a qualified registered professional engineer, and if owned by applicant the existing or approved tower, public utility structure or building, cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of the existing or planned equipment at the tower, public utility structure or building as documented at applicant's expense by a qualified registered professional engineer and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers,public utility structures and buildings within the search radius cannot accommodate the planned equipment at a height 6 necessary to function reasonably as documented at applicant's expense by a qualified registered professional engineer. 4. Other reasons (including but not limited to economic considerations) that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower, public utility structure or building. Subd. 8. Tower and Antenna Design Requirements. Proposed or modified towers and antennas shall meet the following design requirements: A. Towers and antennas shall be designed to blend into the surrounding environment to the maximum extent possible through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. B. Commercial wireless telecommunication service towers, except those which are public utility structures, shall be of a monopole design unless the City Manager or his designee determines that an alternative design would better blend in to the surrounding environment. C. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower and then only at such time or times required. Strobe lights shall not be permitted during the hours between sundown and sunrise. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. D. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances. E. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's next, or like structure, except during periods of construction or repair. F. The face of an antenna having one face shall not exceed 30 square feet. No face of an antenna having more than one face shall exceed 24 square feet per face. Subd. 9. Interference with Public Safety Telecommunications. No new or existing commercial wireless telecommunications services shall interfere with public safety wireless telecommunications. 7 Subd. 10. Required Approval. Except when review and approval is required pursuant to City Code Section 11.03, Subd. 6. B a tower may not be constructed or increased in size or capacity without the approval of the City Manager or his designee. In the event an application for a tower is disapproved by the City Manager or his designee,the City Manager or his designee shall state the decision,together with the reasons therefor in writing. A notice of, and the written decision shall be given to the applicant by mail at the address stated in the application or such other address as applicant directs by written request to City prior to the giving of such notice. Within thirty (30) days applicant may appeal the decision of the City Manager or his designee to the City's Board of Adjustments and Appeals in accordance with City Code Section 2.11. Subd. 11. Application. An applicant for a permit for the construction of a tower shall make a written application to the City. The application shall include, but not be limited to the following: 1. Name, address, telephone and fax numbers of applicant. 2. Location of proposed tower, including the legal description. 3. The locations of all existing towers within one mile of the location of the proposed tower, together with the distances between the existing towers and the proposed tower. 4. Description of the tower, including its height, size of base, configuration, design, number of antennas to be attached to the tower, potential for additional antennas, color and camouflage treatment and lighting, if any, and materials out of which the tower will be constructed. 5. A certificate by a qualified registered professional engineer in such form as approved by the City Manager or his designee that the applicant's commercial wireless telecommunications services equipment cannot be accommodated on an existing tower in accordance with Subd. 7.A. hereof and a certificate by a qualified registered professional engineer selected or approved by the City Manager or his designee that the commercial wireless telecommunications services to be accommodated on the proposed tower or increase in size or capacity of an existing tower will not interfere with public safety wireless telecommunications. 6. The application shall be accompanied by payment of such fees as provided by City Council resolution. Fees shall include reimbursement to City of its costs, including those incurred for consulting and technical advice relating to the proposed tower. SECTION 12. City Code Section 11.03, Subd. 3.F. is amended as follows: F. Except towers for commercial wireless telecommunications services, towers, spires, chimneys, water tanks, flagpoles, radio and TV antennas, transmission towers and 8 /0 other structures and necessary mechanical appurtenances covering not more than 10% of the ground area may be erected to a height of not more than 25 feet in addition to the maximum height permitted. SECTION 13. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation A Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION 14. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _day of May, 1997, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the_day of , 1997. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1997. C:\wp 51\rap\ep\ord\antenna.tow 9 Il DATE: 06/03/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: T. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 94-5344 Engineering Division Approve Construction Plans for CSAH 61 (Shady Oak Road) and Flying Rodney W. Rue Cloud Drive Improvements Recommended Action: Approve resolution approving construction plans for signal and roadway improvements at the CSAH 61 (Shady Oak Road) and Th 212 ramp intersections and signal and roadway improvements at the Shady Oak Road/Flying Cloud Drive intersection. Overview: This project includes the installation of traffic signals at the CSAH 61 (Shady Oak Road) and TH 212 ramp intersections along with some minor roadway construction along CSAH 61. The project also includes a new traffic signal and intersection improvements at the Shady Oak Road and Flying Cloud Drive intersection that was designed by the City of Eden Prairie. On December 17, 1996, the City Council approved an informal professional services agreement to design the Shady Oak Road and Flying Cloud Drive intersection improvements that will be incorporated into MnDOT's signal and roadway work at the CSAH 61/TH 212 interchange. MnDOT will combine both projects and be responsible for the construction administration. Financial Issues: The City of Eden Prairie will be responsible for 100% of the city-designed portion of the project including construction, design, contract administration, and right-of-way costs (estimated at $570,000). In addition, the City will be responsible for a share of the MnDOT-designed portion of the project which generally includes signal construction, design, contract administration, and right-of-way costs (estimated at $160,000). We propose to use State Aid funds to finance our entire project share. We hereby recommend approval of the resolution approving the construction plans for the signal and roadway improvements at the TH 212/CSAH 61 (Shady Oak Road)/Flying Cloud Drive area. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. APPROVE CONSTRUCTION PLANS FOR CSAH 61 (SHADY OAK ROAD) AND FLYING CLOUD DRIVE IMPROVEMENTS I.C. 94-5344 WHEREAS, the City of Eden Prairie has prepared construction plans and specifications for signal and roadway improvements at the Shady Oak Road and Flying Cloud Drive intersection; WHEREAS, the Commissioner of Transportation for the State of Minnesota (MnDOT) has prepared construction plans for signal and roadway improvements along CSAH 61 at the TH 212 ramp terminals, within the corporate limits of the City of Eden Prairie; WHEREAS, the Commissioner of Transportation for the State of Minnesota (MnDOT) will be letting a construction project that incorporates both the MnDOT-designed and city-designed construction plans; and seeks approval of both plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said construction plans for State Project No. 2763-35 (T.H.212=005)(S.A.P. 27-661-29 and S.A.P. 181-020-20) and said construction plans for City Project No. 94-5344 (S.A.P. 181-106- 01) are hereby approved. BE IT FURTHER RESOLVED that the City agrees to provide the enforcement for the prohibition of on-street parking on those portions of said State Project No. 2763-35 (T.H.212=005)and those portions of said City Project No. 94-5344 (S.A.P. 181-106-01) within its corporate limits. ADOPTED by the Eden Prairie City Council on June 3, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk Z DATE: 06/03/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: JJ E SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Shady Oak Business Center Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Shady Oak Business Center subject to the following conditions: • Receipt of engineering fee in the amount of $1,840 • Receipt of street lighting fee in the amount of $3,453 • The requirements as set forth in the Developer's Agreement Overview: Interstate Diesel is requesting City Council approval of the final plat of Shady Oak Business Center, located west of Shady Oak Road between City West Parkway and Rowland Road. This plat was reviewed and approved by the Council in January of 1995 as a seven lot subdivision. The current request before the Council for review, is a modified version of the original, containing four lots as a result of the Albin Chapel proposal, located at the southwest corner of this plat. Staff feels that this newly revised plat will not impact the original site plan approved in 1995 and this layout has the ability to accommodate the original site plan while providing additional flexibility to the owner. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed January 17, 1995. The preliminary plat was approved June 14, 1995. JJ:ssa cc: Marc Kruger, Hessian, McKasy & Soderberg I 5.1.33H5 Z.O Z L33H5 5301A2135 WiN3INNOLIIAN3•ON1153.1 1105 ..oP"gi, ...........au.Ila,....././., 1................. ......WW1*W.I.,.MIMI pe..........p............. Wed w................1.1....1.1.0 ea SatilfInd• StIOA3M115• 521.13N1ON3 ot..../.4...p...........c. 'OM 'NOSOVITI V 113014011 emus.maw mall../1.01...11 nom•eugo.co wow.St......, / I ....ra...a••••••••....... _el ._...__ --f---_-.1E.--1-- ...........,...el e....... P MA,........................... ..................11•41.10 I ..—...1 •rtip wawa.%WM.,NMI PLI....1.0 W.W 0.................11.•P.M.. , , . ---,' --,---•—-- :7_,_°'_‘L.I_ . 4.,.- „ i' "..i.--,. . \Nei.... .,,. ,..-7-4--,7-; ..,....' \i‘k r•:.'„ , ,N'S . ,...-,.... , —.... — ..,,,,,s _,...7._ , „.,I ,•'1_,..--..--;;•••7-'''''' ' **'. '' • * 1‘/ ,'-c• , J- .., ,....... ..... ,..„,.. .:._ ,„• ,., , , ,,„ 1 ,..,..,-, ...„ , _ „...,04 i ..• 1---, ——1 C.V ••••,- ;1, ,*•,o-' •.,-' 1' li 4 , / II , . 1 1 .6,...$1..t-. , . ,. I. o ,3 ,,_ ., ,:e0,..- „,,\ ,..ci_.,-, ---a. \A, \ Z, L ,,,;..--:.*-__ . ,,. , Ai , '''‘.. 1 i 7V i 1 ..tj •73 C' 4 •‘. "‘V,_:',: i Iti _ 1 / o , =, , R,. !:14 .' ' el a la if I ,, \ ,...-•••••'. ---"-----'7. .,,S7:71.i7 Is P tt i .,..,,I-,g,,,-.11::_,,,, — _ _T•f;,,_-;-____r,,---r-------- , -, , ,-.:_:'-iiiriFT ,';';,,,,,:t --ir::',..1 ,,,__,......-„,,IL___,2!"_ 01-,---4:-— It i•-. ---,,,,,,.*A•a;,t _ : -' _------ _______,11.----..,„..„,......'"'.2.1.___,-.11TIL-m.-'---- $•et. it q,t;"I $ --- .-- , ,s .... _______.....--- ,•'. 1 I 1 ,---'-'--- ----- 'ON 'DO 'tl'O 'ON .000O T8 ti31N33 ssaNisne )IVO AOVHS • 2.- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SHADY OAK BUSINESS CENTER WHEREAS, the plat of Shady Oak 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 Shady Oak Business Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 23, 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 June 3, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 3 DATE: 05/20/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: L-Y i SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Release of Land from Special Assessment Agreement for Cedar Ridge Estates Jeffrey Johnson 2nd Addition Recommended Action: Staff recommends that the City Council approve the Release of Land from Special Assessment Agreement and authorize the Mayor and City Manager to sign release of agreement. Background: City staff was recently contacted by a title company requesting that the special assessment agreement between the City and U.S. Homes Corporation be released. The agreement covers the Developer's portion of costs for public improvements to Braxton Drive and street and utility improvements within the Cedar Ridge Estates 2nd Addition subdivision. The improvements have been installed, benefitting properties have been assessed, and it is timely and appropriate to release this agreement. 1 RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of FACTS 1. A certain Agreement Regarding Special Assessments("Agreement")dated August 9, 1991, was executed by and between the City, U.S. Homes Corporation, a Delaware corporation, which Agreement was filed as Document No. 5819607 with the Hennepin County Recorder on August 9, 1991. The Agreement related to the property described therein as: Lots 1 through 3, Block 1; Lots 5 through 10, Block 1; Lots 1 through 19, Block 2; Lots 1 through 10, Block 3; Lots 1 through 4, Block 4; and Lots 1 through 11, Block 5; Cedar Ridge Estates 2nd Addition, Hennepin County, Minnesota. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated August 9, 1991 filed with the Registrar of Titles as Document No. 5819607 on August 29, 1991. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Jean L. Harris Carl J. Jullie Its Mayor Its City Manager z STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 1997, by Jean L. Harris and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAli l'ED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 #7--Release.0 RFR/01-14-88 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 3, 1997 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Human Resources, II G. Community Information Mileage Reimbursement and Services Requested Action: Council is asked to approve an increase for mileage reimbursement to $0.31 per mile effective June 1, 1997. Background: The current City reimbursement rate for mileage is $0.28 per mile. This is below the allowable IRS rate of$0.31 per mile. Mileage reimbursement is provided to employees, councilmembers and other individuals who use their personal vehicle to conduct business on behalf of the City. Council\97info 97amile.wpd\bmm Rev 5/19/97 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-3-97 SECTION: CONSENT CALENDAR ITEM NO. V. Il DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger DELEGARD COMMERCIAL Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: 1. Adopt the Resolution for Site Plan Review on 3.66 acres; 2. Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to Neighborhood Commercial on 3.66 acres; 3. Approval of a Developer's Agreement. Background: The Delegard Commercial project is a neighborhood commercial plan for convenience gas,restaurant, and strip retail, located on Linwood Court and Dell Road. The project received a first reading by the City Council at the March 21, 1995 meeting. The developer did not proceed immediately to a developer agreement and construction of the project since Dell Road ws not scheduled to be built for another 18 months. Since the road is complete, the developer is requesting approval of the developer agreement. A copy of the approved plan is attached. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement 4. Approved site plan. DELEGARD COMMERCIAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR DELEGARD COMMERCIAL BY CURT AND DUANE DELEGARD WHEREAS, Curt and Duane Delegard has applied for Site Plan approval of Delegard Commercial on 3.66 acres for construction of three buildings totaling 19,840 sq. ft. located at Dell Road and Highway 212 to be zoned Neighborhood Commercial by an Ordinance adopted by the City Council on March 21, 1995; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 27, 1995,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 21, 1995, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Curt and Duane Delegard for the construction of the three buildings, based on plans dated March 14, 1995, between Curt and Duane Delegard, and the City of Eden Prairie. ADOPTED by the City Council on June 3, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2 DELEGARD COMMERCIAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 26-97-PUD-17-97 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 Neighborhood Commercial Zoning District 26-97-PUD-17-97 (hereinafter "PUD-17-97- Neighborhood Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 3, 1997, entered into between Curt and Duane Delegard, and the City of Eden Prairie(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-17-97- Neighborhood Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-17-97-Neighborhood Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-17-97-Neighborhood Commercial 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-17-97-Neighborhood Commercial are justified by the design of the development described therein. D. PUD-17-97-Neighborhood Commercial 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. S 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-17-97-Neighborhood Commercial 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 of the City Council of the City of Eden Prairie on the 21st day of March, 1995, 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 3rd day of June, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on LI DELEGARD COMMERCIAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 26-97-PUD-17-97 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: Summary: This ordinance allows rezoning of land located at Dell Road and Highway 212 from Rural to Neighborhood Commercial on 3.66 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance,gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Franc /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A LEGAL DESCRIPTION Outlot H, Hawthorne of Eden Prairie, Hennepin County, Minnesota CENTEX DEERFIELD COMMERCIAL - 1997 SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO AGREEMENT, made and entered into as of June 3, 1997, by Duane Delegard and Curtis Delegard, individuals, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City"; WHEREAS, the parties desire to amend the Developer's Agreement between Duane Delegard and Curtis Delegard and the City of Eden Prairie for Centex Deerfield Commercial, dated July 20, 1993, (hereinafter the "Developer's Agreement") for the portion of the property legally described in Exhibit A, attached hereto and made a part hereof. NOW,THEREFORE, in consideration of the City adopting Ordinance No. 26-97-PUD-17- 97for PUD District Review and Zoning District Change , and Resolution No. 95-53 for Preliminary Plat and Resolution No. 95-52 for PUD Concept, and Resolution No. for Site Plan Review, Developer covenants and agrees to construction upon,development, and maintenance of the Property as follows: 1. PLANS: "Developer" shall develop the Property conformance with the materials dated March 20, 1993, reviewed and approved by the City Council on July 20, 1993, and in conformance with materials dated March 14, 1995 reviewed and approved by the City Council on March 21, 1995 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 on 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 shall complete the implementation of the approved plan prior to building `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 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. 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 performance bond, or other guarantee acceptable to the City, 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. 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. F 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. 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. 9. 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, in his/her 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 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. 10. SIGNS: Developer agrees that for each and every sign which requires a permit by Eden Prairie's City Code, Section 11.70, 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 B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. q 11. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a site lighting plan. All lighting shall consist of downcast shoebox fixtures. All pole mounted fixtures shall not exceed 20 feet in height. 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. 12. CROSS, ACCESS, USE AND MAINTENANCE AGREEMENT: Prior to building permit issuance, Developer shall enter into a cross access, use , and maintenance agreement,with , the form of which must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access,use and maintenance of parking, driveways ponds and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the issuance of any building permit for the Property, Developer shall submit to the City Engineer proof that the cross access use and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 13. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the Neighborhood Commercial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 11-97 : A. Waiver from the minimum lot size requirement of 2 acres as shown on Exhibit B for Lots 1, 2, and 3, Block 1. 14. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the Property. Said sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk along Linwood Court, as shown on Exhibit B, attached hereto. B. An eight-foot wide bituminous trail along Dell Road, as shown on Exhibit B, attached hereto. Developer shall provide sidewalk and trail easements to the City for review and approval by the Director of Parks, Recreation and Natural Resources prior to the release of the Final Plat. /0 Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to implement the approved said sidewalk and trail plan , concurrent with street construction on the Property in accordance with the approved plans, and in accordance with the terms and conditions of Exhibit C, attached hereto. 15. REAFFIRMING CONDITIONS OF DEVELOPER'S AGREEMENT: Developer agrees to and reaffirms all terms and conditions and accepts the obligation of"Developer" under the Developer's Agreement dated July 20, 1993, and accepts the obligation of"Developer" under the Supplement to Developer's Agreement dated /„-3-51 , except as inconsistent with or amended by this Supplement. • I I _ • 1 _�\d PREPARED FOR: COURTill111111111111111114 CURT and DUANE DELEGARD �i — % DELEGARD TOOL, CO. 205 EAST 78th STREET f- �000 "``°"`'"`""' BLtooMGToNMN IN , 55420 // ��(� — � yr t •"• �o go (612) 881-8633 i �`— 77:92— /� to �y� /----1,--- --'-. M-I 1 J' 21' / r . R i m o F-F F-F 1S, 95 —G' 1 *1----ir •01 ww N' 9�/ _�� 5,700 SOFT 5K � SP+ II ` —` T. PUND �o a s 3_ + RESTAURANT B. ' l`i SHORT TERM SIT DOWN m3� \\\\ \ 125 SEATS iRi �'•^}�•�������/-.0^�7,1:7 , €i1 —TSSP ` LOT 3 ,t CWD va.".� _► LOT 1 4F ( — ,-; \c \ - _ \ 4D'- _,fire"on"lDcrw:1 S + H 11; ivlK,u" 1�60' N\\ ,,,,.. 50' x; _ H 19+ SP+?H crg to 1 9 24. 1 SP 1'1 /� o w k� _�� as \ \ '' , ,,,,,,,•''' -•' 1fl \Ler?0,:)..13I J "�� RETAIL , 1s SP L� SP 2H SP • 9,000 SOFT - t., �._\ \ G 'Sty I LO C 'T 2 I 4 / I — fV CL v I� I 60' .III 3 -• 4—40'-►-.' Q 5mo an.a ',, \, ,, \ , 105 #w'l::,a•" \ \6. \ CAS/CON V. U H Uj l f lDDFF m ch N --- Z CEP i O \'. \��O \9 ���‘ �eP > I f,___ _lT �— >_ �_ ____ -- i- 0 , 366.27 Z • N 86 23'54' W 7 0 DATA o EXISTING ZONING AG TOTAL BUILDING SO. FT. 19,840 S.F. \ FXISTINF COMP PI AN N-COM -IOTA! PFTAII Sn FT Cl OnonoS F F- ._ ---, ..,-• ,, • .„ I — --LC3 ',-.- z , ..-. -_. .1... § Ti r \ ) \ ,V j - i\\ \ __ __ tA ' PREPARED FOR: , - c COURT ------4r4"%.(7)I.1.171"--(12/A1(445"44)a9RR(8)5NR 11. 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JIIi, 4 4I1!'1_ P.*,i itc, hil 1 1 a , lilt • 1... 1 ,,iri . _41 ,4,, , ., mi ,:,111 • - k,,t,_ , .o . lts,..... . . 1 ,:- „ ill If, W •4-,,: l''1) 11,'1:111i, 1— t 9 '-.. M.. 4kit. I �I �I I Si 11 fivili k !, , ,,i 4.4: !;� yori•ii ill IA At , t II ) i 111I��,1 f r I 0 ii11 11�1 t:N,7 �1 Il r�nnjj�l�l�l I.. 1 )1, ,y 11 • It ��AA m m 17 0 >my 47 ^ Y p E m ;a#a affimsB1EIL N o N i 2 t .'�.f i!.1• • t ' Wi eel 11 l'' I7Oi In . �i�1 i ram+= III I it il j! L 0 W Aiiillirirri illi,_ ill' h, 4_______ . ,'f I I ; ,,. „, , •1 iiII( 1 i y hal f N1rl II� 1 � � 1.. 0111 r ki '\\ I ,III .11;,, `�IIlIllInp I7 III� 1.,�1„ !�IIs dl1iimiiiir II( 'i'` DATE: 06/03/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: - SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Encroachment Agreement with KMC Telecom, Inc. Recommended Action: Approve Encroachment Agreement between the City of Eden Prairie and KMC Telecom, Inc. for the installation of telecommunication facilities within the City's Public Rights-of-Way. Overview: KMC Telecom, Inc. is a telecommunications company having the right of access to Public Rights-of-Way for the installation and maintenance of telecommunication equipment in accordance with federal and state law. KMC and City Staff have developed the attached encroachment agreement which allows for access by KMC in accordance with state and federal law and preserves the City's right to manage the right-of-way used by KMC. Financial Issues: KMC will pay all permit fees for the installation of its facilities and provide the City with dark fiber at five (5) building locations as documented on Exhibit A of the Agreement. AG:smb I r 1 MOSS & BARNETT A Professional Association MEMORANDUM TO: Don Ashworth, Carl Jullie and Dave Pokorney FROM: Brian Groga15% CLIENT NOS; 27981.5, 31883.1, and 31845.1 r DATE: May 16, 1997 RE: Encroachment Agreement Pursuant to our telephone conversation this morning, enclosed herewith please find the final draft of the Encroachment Agreement for your city. Each Agreement contains a specific Exhibit A outlining the five institutions you have designated. All other agreed upon changes have been incorporated and the document should be in final form for consideration by your respective city councils. I have forwarded by facsimile and U.S. mail copies of each of these agreements to George and Tricia Breckenridge at KMC Telecom, Inc. Assuming your councils adopt the Encroachment Agreement, two copies should be executed by the City, then forwarded to KMC for acceptance. KMC will then return one original signed copy to your attention for the City's records. By copy of this memorandum to KMC, i request that KMC provide my office with a copy of each executed Encroachment Agreement for Moss & Barnett's files. If you should have any questions regarding this memorandum or the enclosed Encroachment Agreement, please feel free to contact me. BTC/rmw CC: Mr.George Breckenridge(w/attachment) Ms.Tricia Breckenridge(w/attachment) Attachment 109588/2899011.DOC ZO' d VT0' °N tV2: 2T L6 , 9T AdW : GI 006V ENCROACHMENT AGREEMENT This Agreement is made as of the day of , 1997 by and between the City of Eden Prairie, Minnesota ("City"), and KMC Telecom, Inc. ("KMC"), a corporation authorized to do business within the State of Minnesota, and having its principal office at 1545 Route 206, Suite 300, Bedminster, NJ 07921-2567. RECITALS WHEREAS, KMC is a corporation duly organized and existing under the laws of the State of Delaware and authorized by the Federal Communications Commission and the State of Minnesota to provide Telecommunications Services and; WHEREAS, the City and KMC discussed and negotiated the terms of this Agreement during the months of March and April 1997 and reached agreement just prior to the May 9, 1997 effective date of new State legislation (S.F. No. 442) which amends portions of Chapter 237 of Minnesota Statutes and provides additional clarification regarding municipal authority over public rights-of-way; and WHEREAS, KMC has voluntarily chosen to enter into this Encroachment Agreement with City and comply with the provisions contained herein with full knowledge of S.F. No. 442 and the amendments to Chapter 237 of Minnesota Statutes; and WHEREAS, City has authority to grant encroachment to its rights-of-way only as expressly specified in applicable law, however, City makes no representation, guaranty or warranty with respect to its title or interest in said rights-of-way. NOW, THEREFORE, in consideration of the recitals and the mutual consideration contained herein, City and KMC agree as follows: DEFINITIONS City means the City of Eden Prairie, Minnesota. Fiber Optic Network FaciJjty or Facilities means fiber optic cables, conduits, converters, splice boxes, cabinets, handholds, manholes, vaults, equipment, drains, surface location markers, appurtenances and related facilities located by KMC or to be located by KMC in the Public Rights-of-Way of City and used or useful for the transmission of Telecommunications Services. Law means any local, state or federal statute, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction, judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority. Public Rights-of-Way means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the City has an interest, ZO ' d ZTO ' °N ZV: OT AUW : GI 006V including other dedicated rights-of-way for travel purposes and utility easements of the City. A public right-of-way does not include the airwaves above a public right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. Telecommunications.Services, shall be defined consistently with the definition found in the Communications Act of 1934, as amended. CONSTRUCTION, MAINTENANCE AND OPERATION OF THE SYSTEM I . j icense and encroachment. Subject to the provisions of this Agreement, and all applicable Law, the City hereby grants a non-exclusive encroachment to KMC to construct install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove and replace the Facilities in, under, over, across and along the Public Rights-of-Way for the purpose of providing Telecommunications Services. This Agreement shall not be sold, transferred, leased, assigned or disposed of, including but not limited to, by force or voluntary sale, merger, voluntary or involuntary bankruptcy, consolidation, receivership or other means without the prior written consent of the City, which consent shall not be unreasonably withheld. No consent from the City shall be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness, or for a proforma transfer to a corporation, partnership or other entity controlling, controlled by or under common control with KMC. The term of said encroachment shall be for an initial period of five (5) years commencing on the date of the signing of this Agreement. The parties agree that the encroachment shall automatically renew for additional five (5)year periods, unless either party gives a minimum of ninety (90) days advance written notice to the other of intent to terminate prior to the end of said five (5) year period. 2. No Interference. Except as permitted by applicable Law and this Agreement, in the performance and exercise of its rights and obligations under this Agreement, KMC shall not interfere in any manner with the existence and operation of any and all private and Public Rights-of-Way, sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electrollers, cable television wires, and other telecommunications, utility and municipal property without the approval of the owner(s) of the affected property or properties. KMC agrees to use existing poles for installation and will not install new poles. 3. No Property Interest. This Agreement is not a grant by City of any fee simple property interest and is made subject to and subordinate to the prior and continuing right of City to use the Public Rights-of-Way as a street and any other public use and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and removing sanitary sewers,water mains, storm drains, gas mains, poles and for 109562/20101 1 DOC 2 20' d ZTO' °N 2V: OT Z6, 02 AdW ! : QI 006V other municipal uses and with right of ingress and egress, along, over, across and in said Public Rights-of-Way. 4. Application for Permits. KMC shall apply for a permit for all work and for each job within the Public Rights-of-Way. KMC shall furnish detailed plans of the work and other such Information as required by City and by Law, and shall pay all processing, field marking, engineering, inspection, security and any other fees prior to issuance of permit in accordance with the rates in effect at the time of payment. KMC agrees to place its Facilities underground in all locations where the City requires other telecommunications providers to do the same. In those areas of the City where KMC's Facilities are located on above ground transmission or distribution facilities of a public utility or telecommunications provider, KMC agrees to relocate or install its Facilities underground at its own cost when: a. The utility, on whose poles KMC has attached its Facilities, is required to relocate its facilities underground; or b. The City requires all telecommunications providers to relocate their above ground facilities underground. Said improvements shall be constructed and installed in accordance with the Law. 5. Issuance of Permits. Upon execution of this Agreement and performance of the obligations contained in this Agreement by KMC, City will issue all permits necessary to the installation of KMC's telecommunications system, in accordance with the City's permitting procedures as may from time to time be amended in accordance with applicable Law. 6. Manner of Construction. The construction, installation, operation, maintenance and removal of the Fiber Optic Network Facilities shall be accomplished without cost or expense to City and in such a manner so as not to endanger persons or property or unreasonably obstruct travel on any road, walk or other access thereon within said Public Rights-of-Way. 7. Maps. KMC shall provide the City with an accurate map or maps certifying the location of all Facilities within the Public Rights-of-Way in a format consistent with the City's electronic mapping system. 8. Condition of Facilities. KMC agrees to keep said Fiber Optic Network Facilities In good and safe condition and free from any nuisance. 9. Bond. KMC shall post and maintain a construction bond in the amount of fifty thousand dollars ($50,000) which shall remain in force until sixty (60) days after substantial completion of KMC's construction, as determined by the City, including restoration of Public Rights-of-Way and other property affected by the construction. The bond shall be issued by a bonding company approved by the City. 109562/2cj#O t!DOC 3 b0' d 2i0. 0N £17: 0T Z6, 02 AdW 5 : GI 006V 10. Required Authorization. KMC shall at all times provide City with sufficient information to establish that it has obtained all required government approvals and permits to construct and operate the Facilities and to offer and provide Telecommunications Services including any certification or other documentation required by the Public Utilities Commission of the State of Minnesota or any other regulatory entity. 11 . Relocation for City Purposes. KMC shall relocate, in cooperation with, and at no cost or charge to the City, any Fiber Optic Network Facility installed, used and maintained under this Agreement if and when made necessary by any lawful change of grade, alignment or width of any Public Rights-of-Way, the construction, maintenance or operation of any underground subway or viaduct by City and/or the construction, maintenance or operation of any other City underground or above- ground facilities. 12- Removal and Abandonment. If any portions of the Fiber Optic Network Facilities covered under this Agreement are no longer used by KMC, or are abandoned for a period In excess of twelve (12) months, KMC shall notify City and City shall determine whether KMC shall either promptly vacate and remove the Facilities at KMC's expense or abandon some or all of the Facilities in place to the extent permitted by Law. 13. Restoration of Public Rji hts-of-Way. When removal or relocation of the Facilities are required under this Agreement, KMC shall, after the removal or relocation of the Fiber Optic Network Facilities, at its own cost, repair and return the Public Rights- of-Way on which the Facilities were located to the same or better condition existing before such removal or relocation. The work must be completed as promptly as the weather permits. If KMC does not properly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the Public Rights-of- Way to the same or better condition, the City may restore the Public Rights-of-Way to the same condition at the expense of KMC. KMC must, upon demand, pay to the City the direct and indirect cost of the work done for or performed by the City, including but not limited to, the City's administrative costs. 14. Dam4ge. KMC shall be responsible for damage to City street pavements, existing utilities, curbs, gutters and sidewalks due to KMC's installation, maintenance, repair or removal of its Fiber Optic Network Facilities in Public Rights-of-Way, and shall repair, replace and restore, the damaged Public Rights-of-Way at its sole expense and subject to approval by City. 15. Voluntary Contribution. KMC voluntarily agrees to dedicate to the City, at no charge or cost to City, an Indefensible Right of Use (IRU) for four (4) dark fibers (unlit) in KMC's fiber optic backbone network, which network shall pass the City buildings and school facilities identified in Exhibit A attached hereto and incorporated by reference, for the City's telecommunications use, provided, however, that such fibers shall not be used by the City for commercial resale on a 109562/2cjk011 DOC 4 SO ' d ZTO ' °N VV: OT Z6, 02 AdW `" : QI 006V for-profit bases. KMC voluntarily agrees that any maintenance of fiber dedicated to the City pursuant to the IRU granted herein shall be borne solely by KMC. KMC agrees to respond to technical problems on the City's fiber within four (4) hours with the exception of public safety or critical City communications. KMC also agrees to respond immediately if there is a technical problem in the City's fibers where KMC is responding to a public safety concern or a problem critical to the City. 16. Other Feel. KMC shall pay all permit and user fees or any other fees to the City in accordance with applicable Law. KMC expressly acknowledges and agrees that City shall have the right to impose upon KMC additional fees and/or damages for KMC's occupation of the Public Rights-of-Way to the extent not inconsistent with applicable Law. KMC further acknowledges and agrees to be bound by any subsequent ordinance or regulation of the City with respect to the City's lawful control over its Public Rights-of-Way. If there are any inconsistencies between the terms of this Agreement and those of any subsequent ordinance or regulation the terms of any subsequent ordinance or regulation shall take precedence. KMC voluntarily agrees to reimburse the City in an amount not to exceed $2,500 for the City's out of pocket costs and expenses incurred to process KMC's request. The City shall provide KMC with copies of all invoices relating to said costs and expenses and KMC shall only provide reimbursement for costs and expenses actually incurred by the City. 17. Nom-discriminatory Fees. With respect to the City's imposition of any fees or charges not specifically required in this Agreement, KMC shall only be required to pay any fee or charge to the extent permitted by law and which is imposed in a competitively neutral and nondiscriminatory manner with respect to other similarly situated telecommunications providers. GENERAL TERMS 18. Indemnification. KMC, jointly and severally, for itself, its successors, agents, contractors and employees, agrees to indemnify, defend (with counsel acceptable to City) and hold harmless City, its officers, employees and agents from and against any and all claims, demands, losses, damages, liabilities, fines, and penalties, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees and costs of defense arising directly or indirectly, in whole or in part out of any breach by KMC of its obligations described in this Agreement, except to the extent arising from the City's willful action or negligent acts or omissions. 19. Insurance. KMC and/or any of its subcontractors or agents under this Agreement shall maintain throughout the term of this Agreement workman's Compensation Insurance and liability insurance with regard to all damages in the minimum amounts of: 109562/2ej#0 t(DOC 5 90' d LT0. 4N Sb: OT Z6, 02 ldW / = QI 006V a. General Liability- public liability, including promises, products and complete operations. (1) Bodily injury liability $1,000,000 each person $3,000,000 each occurrence (2) Property damage liability $3,000,000 each occurrence or (3) Bodily injury and property $3,000,000 single limit damage combined b. Comprehensive -Automobile Liability Insurance, including owned, non-owned and hired vehicles. (1) Bodily injury liability $1,000,000 each person $3,000,000 each occurrence (2) Property damage liability $3,000,000 each occurrence or (3) In lieu of(1) and (2) $3,000,000 single limit Bodily injury and property damage combined c. KMC agrees that with respect to the above-required insurance, contracts will contain the following required provisions: (1) the City and its officers, agents, employees, board members and elected officials shall be named as additional insured (as the interests of each may appear) as to all applicable coverage; and (2) contracts shall provide for thirty (30) days notices to the City prior to cancellation, revocation, non-renewal or material change. d. The amount and conditions of liability and comprehensive insurance may be increased upon 60 days written notice by the City should the protection afforded by this insurance be deemed by the City to be insufficient for the risk created by this Agreement. At no time, however, will the amount of required liability and comprehensive insurance exceed that which is customarily required of others for similar situations of risk. 20. Default. If KMC is in default of any obligations contained in this Agreement or in the performance of the work or occupancy authorized by this Agreement or any I O9562/2ejNOI IDOC 6 ZO' d ZTO' ON St7: OT Z6. 02 AdW : GI 006V permit granted pursuant to this Agreement, including, but not limited to, restoration requirements or fee payments for more than thirty (30) days after receiving written notice from the City of the default, the City may terminate the rights of KMC under this Agreement and any permit granted hereunder, subject to City's absolute right to revoke at any time in the exercise of City's police powers. The notice of default must be in writing and specify the provisions of this agreement or any permit under which the default is claimed and state the grounds of the claim. Any notice must be served on KMC by certified mail, return receipt requested at its principal place of business. If KMC is in default in the performance of the work or occupancy authorized by this Agreement or any permit granted hereunder, the City may, after the above notice to KMC and failure of KMC to cure the default, take such action as may be reasonably necessary to abate the condition caused by the default. KMC must reimburse the City for the City's reasonable costs, including costs of collection and attorneys' fees, incurred as a result of KMC's default. 21. law.. The terms and conditions of this Agreement shall be subject to any and all applicable Law. Should any term of this Agreement be determined by a court or other entity with competent jurisdiction to be unenforceable, all other terms of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above-written. CITY OF EDEN PRAIRIE, MINNESOTA DATE: BY: MAYOR DATE: BY: CITY MANAGER ATTEST: KMC TELECOM, INC. BY: SECRETARY PRESIDENT DATE: DATE: 109562/200 L IDOC 7 80' d ZT0' 0N 9V: OT Z6, 02 AdW : QI 006V Exhibit A City of Eden Prairie, Minnesota City buildings to be passed by KMC's fiber optic backbone network. 1. City Center 8080 Mitchell Road 2. Community Center 16700 Valley View Road 3. Public Works/Park Maintenance 15150 Technology Drive 4. Water Plant 7905 Mitchell Road 5. Market Center Water Tower 12190 Singletree Lane 60' d ZTO' oN 9V: OT Z6, 02 AdW : GI 006b OA) DATE: 06/03/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: . , SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Riley Creek Ridge Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Riley Creek Ridge subject to the following conditions: • Receipt of engineering fee in the amount of$3,321 • Receipt of street lighting fee in the amount of$12,505 • Receipt of street sign fee in the amount of$2,468 • Revision of street names • Satisfaction of bonding requirements for the installation of all public streets and utilities • Execution of a special assessment agreement for trunk sanitary sewer, street improvements to Eden Prairie Road and area-wide infrastructure improvements. This agreement must include all property contained within the preliminary plat and include all signatories of the developer's agreement, their assigns and successors. • Revision of Lot 12, Block 2, to provide for 55 feet of street frontage • The requirements as set forth in the Developer's Agreement • Receipt of title opinion on the property and the review and approval of same by the City Attorney Background: Hustad Land Company is requesting City Council approval of this plat, located south of Pioneer Trail and east of Cedar Forest Road. The plat contains 81 single family lots, right-of-way dedication for street purposes, and two outlots. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed April 1, 1997. JJ:ssa cc: Beth Simonsted, Hustad Land Company Hedlund Engineering CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF RILEY CREEK RIDGE WHEREAS, the plat of Riley Creek Ridge 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 Riley Creek Ridge is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 13, 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 June 3, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk wo,,, ' i 1111 I al 1 lila Z Z \\\ C) B gg U \ Ig is i� Rcz \\ •ro Am ea«wwn W CJ 39.7\\ i M k 1 . \ y \\ ���3PM(tiS )rrr! <wxn IS 11 y, s cornyI CO �a `-91A 7 'L7o1 17 ay., —, 1 \ \\ \ \ St LJ z zi ;: \1 \\ C}` �aq\\ 9 « U A 'y; \\\\ \\\ :- 0'�4°\I / \ . \.,, 4� \ .�s) .. . 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"`.,�' - - '— — - - - _ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-3-97 SECTION: PUBLIC HEARINGS ITEM NO. V. fi DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger CROWN AVIATION Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Adopt the Resolution for Site Plan Review on .7 acres. Background: The Planning Commission unanimously recommended approval of the project at its May 27, 1997 meeting. The project is in conformance with the Flying Cloud Airport Design Framework Manual. Supporting Reports: 1. Resolution for Site Plan Review 2. Staff Report dated 5-23-97 3. Correspondence CROWN AVIATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CROWN AVIATION BY DAVID CROWN WHEREAS, David Crown has applied for Site Plan approval of Crown Aviation on .7 acres for construction of an 18,125 sq. ft. hangar located at 14871 Pioneer Trail, to be zoned within the Public Zoning District by an Ordinance adopted by the City Council on June 3, 1997; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 27, 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 June 3, 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 David Crown for the construction of a hangar, based on plans dated May 27, 1997, between David Crown, and the City of Eden Prairie. ADOPTED by the City Council on June 3, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: May 23, 1997 SUBJECT: Crown Aviation Hangar APPLICANT: Crown Aviation FEE OWNER: Metropolitan Airports Commission LOCATION: West end of hangar row along Pioneer Trail (Lot 74, Flying Cloud Airport) REQUEST: 1. Site Plan Review on 0.7 acres 3 i % ,:.-z...i :5..1, ... ....-,4 1 5: IA:4.. '...' E SUNRISe ..rN la rE, . , . ,,,.. .. ,.. ,5 '.. • Elio ! :1...IVW 1 , —ia___ 1 e• ''' ,,, 1 ' ' / e , ca : • ,o e— s ‘.• c e ,,, ,..1 4 ce •,1':: ' ' . ... i. ,, 2. 1. is n a Low) Qv .,ON _ CA. I [ FLYING CLOUG - —. \s\C' 40, • sat V. ••,. V. AIRPORT z ri LINIMINNIIIMMOW F L Y I N ‘,.... 1 , A , Rp 7 L TRACT 0 . . B .:il.GITZ. 4 • TRACT Th,.....".TRACT CTRACT " z.A t69-2t2 is CLIXICI 4111131111111111111111111111.17".."111111 I: . RIVER VIEW RO. DRIVE .", .."------...- .,•'....-- .' . .. • ,.. ...."---1 .. ••• •. .. .. . . . . . . . . . . .• ' . . . . . . ..:':.. .. .:: • ..:: ,.......... .. ... ..'. . ......... ..: 4. . ::' ' . • • q Crown Aviation Hangar Staff Report May 23, 1997 BACKGROUND The Comprehensive Guide Plan identifies the Flying Cloud Airport as a Public land use. The property is currently zoned Public. The Metropolitan Airports Commission(MAC) has reviewed and approved the plans for the hangar. SITE PLAN The request is to construct an 18,125 sq. ft. hangar on 0.7 acres. The base area ratio is 60%. Base Area Ratio is not restricted in the Public Zoning District. The land area is leased from the MAC and does not represent lot lines, therefore, side and rear yard setbacks do not apply. The site is located over 900 feet from Pioneer Trail. City Code does not indicate a specific parking ratio for hangars. The amount of parking for the hangar is based on 5 spaces per 1,000 sq. ft. for office, and 1/2 space per 1,000 sq. ft. for warehousing for a total of 10 spaces. The plan provides 10 spaces. UTILITIES/DRAINAGE Sanitary sewer and water is currently not available to the airport. A private holding tank is proposed meeting the building code. MAC's Capital Improvement Program shows extension of utilities to the airport in 1998. As part of the airport expansion, MAC plans on constructing required storm water detention basins to NURP standards. ARCHITECTURE In September of 1996, the Planning Commission and City Council approved the Flying Cloud Airport Design Framework Manual. This manual establishes parameters regarding, among other things,building materials for new development at the airport and helps to guide new construction in a cohesive aesthetic manner. The hangar is in conformance with the manual. The 24 foot tall hangar will be constructed of metal, with 25% of the north elevation constructed in rock face block. No rooftop mechanical equipment is proposed. 2 Crown Aviation Hangar Staff Report May 23, 1997 LANDSCAPING The Flying Cloud Airport Design Framework Manual recognizes that there is little opportunity to provide landscaping within an area for aircraft operations, but does recommend that some landscaping be incorporated where space permits to help create visual interest. The plan provides for planting of some trees and shrubs along the parking area. Prior to City Council review, the proponent should revise the plans to show the type and size of the proposed plant material. RECOMMENDATION Staff would recommend approval of the Site Plan Review on 0.7 acres, based on plans dated May 6, 1997, this report, and the following: 1. Prior to City Council review, the proponent shall revise the plans to indicate the type and size of the proposed plant material. 2. Prior to building permit issuance, the proponent shall provide a landscaping surety to guarantee the installation and review period for the landscaping according to City Code. g:\jan\scott4epoNbrowo. a MEMORANDUM TO: Mayor and City Council THROUGH: Chris Enger, Assistant City Manager FROM: Scott A. Kipp, Senior Planner DATE: May 8, 1997 SUBJECT: Early Footing and Foundation Permit for Crown Aviation Hangar Crown Aviation has requested early issuance of a footing and foundation permit for construction of its 18,125 sq. ft. hangar at Flying Cloud Airport. Construction time is critical for the proponent since there is a pending sale of the structure within the next month. Crown Aviation has applied to the City for Site Plan Review of the new hangar. The project will be reviewed at the May 27th Planning Commission meeting,and at the June 3rd City Council meeting. Crown Aviation understands it is proceeding at its own risk since the project has not received Planning Commission or City Council review. The hangar proposal is a standard all metal pre-designed structure and will not involve any critical issues for approval. The plans have been approved by the Metropolitan Airports Commission and are in conformance with the Flying Cloud Airport Design Framework Manual approved by the City Council in July of 1996. With this in mind, an early footing and foundation permit was issued on May 9, 1997. 1 u;,,uriar u0:54 W612 259 0446 HALL&ASSOC I ATES _ `�` VJi/ ""1 May-07-97 O8: 35A Ex( Av 612 944 6980 P. 01 lc i.0 7: V.: CROWN AVIATION COMPANY INC. OF MINNEAPOLIS May 7, 1997 City of Eden Prairie Attn: Scott IGpp 8080 Mitchell Road Eden Prairie, MN 55344 2230 Re: David A. Crown Building at Flying Cloud Airport Dear Mr. Kipp, Per our discussion of prospective buyers, tax liabilities and other issues It is imperative that we start on this project as soon as possible, Your suggestion that we ask for a permit for excavating, concrete footings, foundation and flat work is appreciated. While we wait for the timely approval of the budding permit, we would appreciate the issuance of the permit that would allow us to begin the above mentioned work. Thank you for your assistance in this matter. I will have Hall & Associates contact you for this permit. Respectfully Submitted, —<.----- "' -- efdl,. -----" David A. Crown DAC/dc Sales - Brokering • Leasing • Aviation Consulting/Management EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-3-97 SECTION: PUBLIC HEARINGS ITEM NO. V 8. DEPARTMENT: ITEM DESCRIPTION: Community Development Michael D. Franzen LAKE CORPORATE CENTER Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Adopt the Resolution for PUD Concept Review on 8.64 acres; 3. Approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment in the I-2 Park District on 8.64 acres; 4. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: The site plan shows the construction of a one story, 70,641 square foot building on 8.64 gross acres. The The building meets the setback requirements of the industrial zoning district. Parking meets setbacks of the industrial zoning district. The plan meets parking requirements. The project requires the following shore land waivers in the industrial zoning district. 1. Lot size from 10 to 8.64 acres. 2. Structure setback from 200 to 125 feet. 3. Parking setback from 100 to 50 feet. 4. Grading in the 100 foot shore impact zone. The waivers are reasonable for the following reasons: 1. Strict compliance with the code would preclude a reasonable development of the property. 2. The site coverage on the net acreage is less than the City code permits. 3. The lot size is an existing lot created prior to the shore land regulations. 4. The average structure setback is 161 feet. The average parking setback is 89 feet. 5 Grading in the shore impact zone is needed for a treatment pond and parking. 6. Tree replacement, landscaping, and reforestation of the graded slopes in the shore impact zone adjacent to the pond screens parking and creates a more forested look than what exists today. I Planning Commission Recommendation: The Planning Commission voted 7-0 to approve the project based on recommendations in the May 9, 1997 staffreport, and subject to revised plans presented at the meeting showing berming and landscaping on the school property for screening of parking. Supporting Reports: l. Resolution for PUD Concept Review 2. Staff Report dated 5-9-97 3. Planning Commission Minutes dated May 12, 1997 4. Correspondence LAKE CORPORATE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LAKE CORPORATE CENTER FOR MOEN LEUER CONSTRUCTION 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 Lake Corporate Center PUD Concept by Moen Leuer Construction 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 June 3, 1997; NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Lake Corporate Center, being in Hennepin County,Minnesota,legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated May 27, 1997. 3. That the PUD Concept meets the recommendations of the Planning Commission dated May 12, 1997. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of June, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 9 V Lake Corporate Center Exhibit A Legal Description Lot 5, Block 2 Eden Prairie Industrial Center 7 STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: May 9, 1997 SUBJECT: Lake Corporate Center APPLICANT: Brad Moen OWNER: John Otterlei LOCATION: Wallace Road REQUEST: 1. Planned Unit Development Concept Review on 8.64 acres. 2. Planned Unit Development District Review on 8.64 acres. 3. Zoning District Amendment in the I-2 Park Industrial District on 8.64 acres. 4. Site Plan Review on 8.64 acres. 1 I L---1--1--"x"7""----0 MOINIIIr r_____ , I * / Ii! i .-- (:\ 1---r) 411 • ,, .1 1 IN : r;tIP 4 immossa. • ..: .; : :1 .,_ ..:. •, :,.. . •-_- ,r,1,1,,„fe T- IN ... a 100 -J....34 '• i;i:".5: _ . 4 :v.- 1 .. . Ait I i p .41 71,InAtc i , ?:.;:i.d: C..2 " QRlY£ c, tror- */ r :t. :;...,;...E 1151,4e r:DUST Rig.. is..L.C.;A 'P.0 Y-0•. •' ' p� PaIii'.' i:'•:C. .. .... . . ..... . 1- f_____j - ADD • T T R - ....//.............j - • •. 7: - /Ataillir :i•::-.,;!TR ,‘,i_ (C /40 *40 Ig r . •kiV.4% . c:EF, H , 4 .s /41110 Abgillh` '''•••,,,,,. •......; I '•:;lat, ;:ii.-.. •' T E$I{h4L0, / L L C M / I A l l t L. 414 ` :1 / f G 1• O0 L D s t M0. 1 41 * Ab�• f/ • / • CPT , ...-:, .. . ______,_ / A• iii 1 • .. SCENIC I WW1 2 r F{. ........ • �,• I r- ,. , • .. - : ,.. 77---- al - itaw---- ( ° Vet Mealityra woriggi . •. . r--H---i —7-:, .6 , tog.. . • * mg - al .d - Dfir 'I)-7 -r-> .' Ilia 16411PUlat .1''1 V 4" -- - • • ••••••• "3 • • :� AYE •, ��'::`.v:::•,I igtordo. ■ *SAP ak �� , `� . .::.::..... ..... .. ... ... ...,-,i,.0,7111 OR AT Aim. • 4 Wei 1011 Vily .V. 4W 75 1 ii::::: •• .1 3R4 i 41,4 • *.5...°P....1:::. TERSO . � ACT. _ ` a . I CT � � imp _ . .. .: , 1 r-0oo BACKGROUND: The site is currently guided Industrial. Surrounding land is guided industrial to the north, low density residential to the east and south across the pond, and public to the west. The site is currently zoned industrial. SITE PLAN: The site plan shows the construction of a one story, 70,641 square foot building on 8.64 gross acres. The base area ratio for the 5.90 acres of land above the high water elevation of the pond is .28. The City code permits up to a .30 base area ratio. The building meets the setback requirements of the industrial zoning district. Parking meets setbacks of the industrial zoning district. The amount of parking required is 212 spaces. The plan meets this requirement. PLANNED UNIT DEVELOPMENT WAIVERS: The project requires the following shore land waivers in the industrial zoning district. 1. Lot size from 10 to 8.64 acres. 2. Structure setback from 200 to 125 feet. 3. Parking setback from 100 to 50 feet. 4. Grading in the 100 foot shore impact zone. The waivers are reasonable for the following reasons: 1. Strict compliance with the code would preclude a reasonable development of the property. 2. The site coverage on the net acreage is less than the City code permits. 3. The lot size is an existing lot created prior to the shore land regulations. 4. The average structure setback is 161 feet. The average parking setback is 89 feet. 5 Grading in the shore impact zone is needed for a treatment pond and parking. 6. Tree replacement, landscaping, and reforestation of the graded slopes in the shore impact zone adjacent to the pond screens parking and creates a more forested look than what exists today. 2 7 Staff Report Lake Corporate May 9, 1997 GRADING AND TREE LOSS: There are 588 caliper inches of significant trees on the property. The majority of the trees are cottonwood. Tree loss is calculated at 67% or 392 inches. The tree replacement required is 348 caliper inches. The plan meets this requirement. ARCHITECTURE: The building meets the exterior material requirements of the industrial zoning district for brick, glass, and decorative concrete. Mechanical equipment will be screened by metal panel. LANDSCAPING: The amount of landscaping required is based on caliper inches according to building size, tree replacement, screening of parking, and screening of loading. The amount of caliper inches required is 444 inches. The plan meets this requirement. The amount of tree replacement required is 392 inches. The plan meets this requirement. Parking is screened by plantings. The loading area is screened by building. UTILITIES AND DRAINAGE: Sewer and water is available in Wallace Road. A NURP pond is shown on the plan. LIGHTING: Since the site faces a residential area, lighting should be limited to twenty foot high poles. Lighting should be a downcast, shoebox design to minimize offsite glare. STAFF RECOMMENDATIONS: The staff would recommend approval of the Planned Unit Development Concept Review, Planned Unit Development District Review,Zoning District Amendment in the I-2 Park Industrial Zoning District, and Site Plan Review ,based on plans dated May 9, 1997 and subject to the recommendations of the staff report dated May 9, 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. 3 Staff Report Lake Corporate May 9, 1997 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. Construction fencing must be in place and approved by the City Forester prior to grading and tree removal. 4. The following waivers from the City code are granted as part of the Planned Unit Development District review in the I-2 Park Industrial Zoning District: A. Lot size from 10 to 8.64 acres. B. Structure setback from 200 to 125 feet. C. Parking setback from 100 to 50 feet. D. Grading in the 100 foot shore impact zone. 4 q Eden Prairie Planning Commission May 12, 1997 C. LAKE CORPORATE CENTER by Moen Leuer Construction. Request for PUD Concept Review on 8.64 acres, PUD District Review on 8.64 acres,Zoning District Amendment in the I-2 Park District on 8.64 acres and Site Plan Review on 8.64 acres. Location: Wallace Road. Debbie Broadsho, of Broadsho Consulting, reviewed the development proposal including the site plan and landscaping plan. She also presented representations of the characteristics of the property. The building materials will be of high quality precast decorative brick combination and glass. There was a neighborhood meeting several weeks ago and there was a concern from Woody Franklin with the School District. He indicated some concerns with the screening on one side of the property. The landscape plan would address his concerns and they are in agreement to doing whatever landscaping is necessary. Sandstad was concerned about the retaining wall protection of the oak trees along northeast rear property line. Debbie Broadsho said the oaks are very susceptible to any kind of grading around them. She explained what steps will be done to insure their preservation and noted by cutting the roots they will be saving as many trees as possible. She said by cutting the roots and putting in the retaining wall there is about a 75 to 80 percent success rate. Sandstad asked if the City Forester agrees with this concept as being reasonable. Franzen said Stu Fox does agree with this. The public hearing was opened. Mark Kantor, 15504 Canyon Ridge, commented he was not at the neighborhood meeting and asked what will be considered the front. Broadsho explained the building will have three sides and indicated the front and the loading area. Kantor was concerned about the tree replacement on the southeast side. ,Broadsho said the landscaping going up in that area is all of the required sizes ranging from two and a half to four and a half caliber inch trees. They will be deciduous which will have spring colors and fall colors. She indicated on the map the existing wooded area and noted that would be saved, and because of the retaining wall the large oaks will be saved. The retaining wall is about 15 percent above the average minimum retaining wall. Kantor asked what the hours of operation will be. Brad Moen, owner, said it would be typical business hours, 8:00 a.m. to 6:00 p.m., and Saturday and Sunday vacant. Woody Franklin,representing Eden Prairie School, commented the presentation looks good and it looks like it will work and meet their requirements. 5 1 Eden Prairie Planning Commission May 12, 1997 Foote asked if the property would be buildable if the waivers were eliminated. Broadsho said there would not be very much land for the building to comply with the setback and would not be a buildable site. Ismail was concerned about a statement issued by Minnesota Pollution Control about the pollution from the ITT building. Moen said it was a small amount on that site and it is moving away from their site. It's been tested and the site is clean. Ismail expressed concern about the amount of waivers and asked if they could eliminate, for example, two of them. Broadsho said it would depend on which two. She explained why it would not work eliminating any of the setback waivers. Sandstad was concerned about a surplus of parking and the loss of trees, and asked what they think their need for parking is. Moen replied the guideline the City set is pretty close to their need. Sandstad commented on the back side of the property there is threat to the oak roots with parking. If they can get by with 30 or more less spaces it would take all the pressure away from those oaks. He asked if proof of parking could be a possibility or would there be problems. Sandstad asked if the City Forester has verified that none of those trees have been determined special or unique. Franzen said he looked at it but he has not determined any of them would follow within those guidelines. Moen said there are two large trees kind of midway more to the south end of the building and they could swing the curb out a little bit to make sure they stay out of the roots of the two that are of the size that could be endangered. He will have Debbie study those and see what they can figure out. Franzen commented as part of the original proposal they had some parking within the 50 foot setback by the cul-de-sac of Wallace Road. He suggested putting some parking within that setback area as a reason to save the trees. A waiver would be needed for two or three stalls. Moen noted they are willing to do that. Habicht said his biggest concern was about the School District and was glad the representative was here to eliminate his concern. He understood why the waivers are needed and noted the developer did a nice job of minimizing any negative impact to the south and to the east where most of the viewing is going to be. He supported Doug's recommendation and would prefer eliminating two or four parking spots than parallel parking. It's a good use for the site and he was comfortable with the plan. 6 Eden Prairie Planning Commission May 12, 1997 Foote was concerned about the amount of waivers but realized it would be an unbuildable site without them. He also supported Doug's recommendation because he was concerned about the tree loss. Wissner said the plan is good and has no traffic impact because Wallace Road is a dead end. She liked the landscaping concept of keeping it natural looking. Sandstad supported the project. Alexander was comfortable with the plans and noted she was concerned about the tree loss. Ismail supported the project. MOTION 1: Habicht moved, seconded by Wissner, to close the public hearing. Motion carried 7-0. MOTION 2: Habicht moved, seconded by Wissner, to recommend to the City Council approval of the request of Moen Leuer Construction for PUD Concept Review on 8.64 acres, PUD District Review on 8.64 acres, Zoning District Amendment in the I-2 Park District on 8.64 acres and Site Plan Review on 8.64 acres based on plans dated May 2, 1997 and subject to the recommendations of the Staff Report dated May 9, 1997 and to include Doug Sandstad's amendment as to the trees on the northeast side. Motion carried 7-0. 7 MAY-12-97 MON 15:20 E, - PURCHASING FAC+SAF FAX NO. r '9757127 P. 01/01 EDEN PRAIRIE SCHOOLS MEMORANDUM Facilities & Safety Department (612) 975-7126 FAX (612)975-7127 PAGER (612) 637-4563 8100 School Road, Eden Prairie MN 55344 DATE: May 12, 1997 TO: Michael Franzen, Community Development Department, FAX No. 949-8392 FROM: XWoody Franklin, Director Facilities and Safety SUBJECT: LAKE CORPORATE CENTER DEVELOPMENT PROPOSAL Mike - Approximately a month ago myself, representing the school district, along with other community members met with the developer, property owner, and architect at the City Center to review the Subject proposed development. At that meeting the school district expressed concern over the loss of existing vegetation and the absence of any natural barrier along our adjoining property line. At that time the district offered to provide soils and access to our property to develop some type of natural visual barrier. At this time the architect and developer indicated they were favorably willing to work with us and would be getting back with the district to address our concerns and request. As of today no one has initiated any contact to further discuss this matter and this evening there is to be a public hearing on this development. The school district respectfully asks that there be a continuance on this developments oar 12/ rirt (.&rtil such time discussion between the school district and the developer and architect has occurred. Your assistance in this matter is a)u h, reciated.. ar\ �•�H E i_ === TO : 3 • Memorandum To: Parks, Recreation and Natural Resources Commission Through: Bob Lambert, Director��rei of Parks, Recreation and Natural Resources From: Stuart A. Fox�;rlt'�Ianager of Parks and Natural Resources Date: May 14, 1997 Subject: Supplemental Staff Report to May 9, 1997 Planning Staff for Lake Corporate Center BACKGROUND: This development proposal is for a building to built on the cu-de-sac end of Wallace Road. The site is 8.4 acres in size, 5.9 acres of land above the high water elevation of School Pond and the remainder of it in the water area. The site is currently guided industrial. The remaining land along Wallace Road is industrial development. The area to the south of the proposed site is single family and the area to the west is school district property. NATURAL RESOURCE ISSUES: Tree Loss -Landscaping Plan The predominant tree found on this site is the cottonwood. The inventory indicates that there are 38 trees which meet the city ordinance definition of being significant (deciduous trees over 12" DBH). The grading plan calls for 28 of these trees being removed and the majority of the trees being removed are cottonwoods. The staff has evaluated the information that was submitted and found a slight error in the calculations and this results in the tree loss being 62% rather than the 67% indicated in the Planning Staff Report. As stated earlier, the cottonwood is the predominant tree being removed and the average diameter of the trees being removed is 13.1 inches. It appears that most of the cottonwoods on this site have grown within the last 20-25 years because of grading or some form of surface disruption. This observation is based on the fact that the cottonwoods are almost identical in size, indicating that these trees germinated at approximately the same time. I7 The required mitigation for this site is 303 caliper inches of replacement trees. The landscape plan that has been submitted by the proponent is found on two separate sheets, one labeled reforestation plan and the other one labeled site landscape plan. For the reforestation plan there is a total of 144 trees. In addition, there are approximately 145 shrubs that would be planted in conjunction with the trees. The landscaping requirement for the building is 444 caliper inches. This plan incorporates 169 diameter inches to satisfy the landscape requirements. In addition, there are another 208 shrubs plants that would be planted in conjunction with the landscaping screening requirements. When you evaluate the landscape plan and combine it with the tree loss mitigation,the staff feels that this project does a good job of replacing the trees that have been lost on the site. The landscaping plan calls for a diverse amount of plant materials, including both deciduous and coniferous materials and also incorporates a number of native plants in the plant schedule. In addition, the shrubs that have been selected are ones that would provide considerable cover and food source for woodland birds and small mammals. The staff feels that the landscaping plan will actually enhance the area of the development with a diversity of plant materials being utilized and the replacement ratio for trees is 11 new trees for every single tree that would be cut on this site. The staff feels that the proponent has done an exceptional job in trying to use appropriate plant materials as well as make sure that all areas of the site receive some sort of formalized plantings. NURP Pond A NURP pond is shown on the plan to handle the runoff from the building as well as the parking lots prior to its entry into the school pond. The city engineering staff is evaluating the data related to this NURP pond to make sure it complies with all necessary requirements to adequately treat storm water. As mentioned earlier, a considerable amount of landscaping material will be incorporated on the banks and areas adjacent to the NURP pond which will screen it from the south side, as well as helping to stabilize the embankment areas. Sidewalk/Trails There are no trails either adjacent to school pond or along Wallace Road; therefore, the developers' is not required to put any trails in or to dedicate any land for trail easement purposes. Shoreland Ordinance The project requires four waivers for the industrial zoning district that is being sought. These are detailed in the Planning Staff Report dated May 9, 1997. The staff recommendations for consideration of these waivers are detailed in that report. RECOMMENDATION: This project was reviewed by the Planning Commission at its May 12, 1997 meeting and received unanimous approval. The staff would recommend that the Parks, Recreation and Natural Resources Commission approve the project as proposed and subject to the recommendations found in the May 9, 1997 Planning Staff Report and the information found in this supplemental memo. SAF:mdd LCC.memo i(D Unapproved Minutes Parks, Recreation and Natural Resources Monday,May 19, 1997 week. Hilgeman told the residents to be at the meeting in the first week of February. MOTION: Hilgeman moved, seconded by Wilson,that the petition for a floating boardwalk trail brought by the residents of Edenvale and Eden Glen Apartments be put on the list to be reviewed in early 1997. Motion carried 7-0. V. DEVELOPMENT PROPOSALS A. Lake Corporate Center Staff referred the Commission to a memo dated May 14, 1997 from Stuart A. Fox, Manager of Parks and Natural Resources; and a staff report dated May 9, 1997, from Michael D. Franzen, City Planner. Debra Brodsho, Brodsho Consulting, reviewed the site plan and noted the development proposal is for a single story building to be built on the cul-de- sac end of Wallace Road. This location is the only flat area of the site and has been decreased slightly in size from the original plan to handle additional parking and storage. All of the grading limits are held to the 858 contour. The exterior of the building will be of concrete material and glass. The concrete will look like stone rather than concrete block and will be attractive. The colors selected are in the browns and beiges, and possibly green glass in the front. She reviewed the landscaping plan and the reforestation plan. The landscaping requirements take up most of the flat area and the reforestation was limited to some of the slope areas. They are proposing to put in more shrubs to give color and to help stabilize the slope better. It will be more attractive for the residents from the other side of the pond. Fox reviewed the tree loss issue and noted due to an error in calculations the tree loss is 62 percent rather than 67 percent as indicated in the Planning Staff Report. The majority of the trees being removed are cottonwoods. The landscaping requirement for the building is 444 caliper inches. The reforestation plan includes 144 trees plus an additional 145 shrubs. A NURP pond is shown on the plan to handle the runoff from the building as well as the parking lots prior to its entry into the school pond. The city engineering staff is evaluating the data related to this NURP pond to make sure it complies with all necessary requirements to adequately treat storm water. 3 Unapproved Minutes Parks, Recreation and Natural Resources Monday,May 19, 1997 There are no trails or sidewalks in this area so the developer is not required to put any trails in. Staffs recommendations for consideration of the four waivers requested are detailed in the Planning Staff Report. This project was reviewed by the Planning Commission at the May 12, 1997 meeting and received unanimous approval. Koenig complimented the developer on the landscaping plan and commented it's nice to see so many trees going in. Koenig was concerned about the statement by Brodsho at the bottom of both her plans. Brodsho said it is her disclaimer and explained why she put that in. Koenig expressed concern about the parking. Brodsho commented they believe they will need all the parking so people will not have to park along Wallace Road. There was a concern at the Planning Commission about possibly saving a couple of the trees. It was suggested to ask for a variance to eliminate four or five parking spots and they are working on that now. Koenig was concerned about the variance for the parking lot particularly, and the shore impact zone, but said she also appreciates what this developer has done. Hilgeman said she doesn't like the tree loss and the hugh parking but understands it's a tough site. She liked that the building is not a two-story and the deciduous trees will cover it up. MOTION: Hilgeman moved, seconded by Corneille, to approve the plans for Lake Corporate Center per staff recommendations of May 9, 1997. Motion carried 6-0-1 with abstention by Kracum. Kracum noted he abstained from the voting because of the proximity of his residence to this development and finds himself emotionally torn. He was uncomfortable with "corporate America" being so close to "residential America". Brown asked when the requests for variances are going to stop. Lambert explained there are many variance requests that come to staff that the Commission does not see. There are always going to be variance requests because every situation is different and an ordinance cannot cover every situation. VI. OLD BUSINESS 4 epCITY COUNCIL AGENDA DATE: °C-1er1 SECTION: Consent Calendar 6/03/97 prairim DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI. Checks 52382 to 52777 Action/Direction: Approve Payment of Claims 1$ COUNCIL CHECK SUMMARY 27-MAY-1997 (14:53) DIVISION TOTAL LEGISLATIVE $6,946.31 LEGAL COUNSEL $4,803.40 GENERAL SERVICES $3,748.73 EMPLOYEE BENEFITS $1,671.40 DATA PROCESSING $14,998.38 FINANCE $8,689.01 HUMAN RESOURCES $4,557.02 COMMUNITY SERVICE $184.74 SOCIAL SERVICES $6,250.00 ENGINEERING $3,057.58 INSPECTIONS $700.73 FACILITIES $2,291.24 ASSESSING $942.58 CIVIL DEFENSE $45.00 POLICE $31,926.50 FIRE $29,876.78 ANIMAL CONTROL $625.00 PARK ADMIN $38.38 STREETS & TRAFFIC $21,847.19 PARK MAINTENANCE $26,465.10 STREET LIGHTING $1,042.00 FLEET SERVICES $29,849.91 ORGANIZED ATHLETICS $8,580.15 COMMUNITY DEV $150.12 COMMUNITY CENTER $5,790.45 BEACHES $1,200.00 HISTORICAL $4,038.25 YOUTH RECREATION $2,817.81 SPECIAL EVENTS $136.60 ADULT RECREATION $10,531.51 RECREATION ADMIN $296.52 ADAPTIVE REC $74.22 OAK POINT POOL $1,112.50 ARTS $68.03 PUBLIC IMPROV PROJ $403,211.58 SPECIAL ASSESSMENTS $66,514.78 CITY CENTER $4,248.35 SW METRO TRANSIT $8.66 SPECIAL REVENUE FUNDS $18,508.61 PRAIRIE VILLAGE $119,717.34 PRAIRIEVIEW $206,557.76 CUB FOODS $15,975.00 PRESERVE $38,214.66 WATER DEPT $44,101.14 SEWER DEPT $232,997.73 STORM DRAINAGE $1,317.85 AGENCY FUNDS $164.92 EQUIPMENT $2,023.50 $1,388,915.02* Z COUNCIL CHECK REGISTER 27-MAY-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52382 $240.00 AARP 55 ALIVE MATURE DRIVING TUITION MAY 7 30 STUDENTS @ $8 SENIOR CENTER PROGRAM 52383 $1,136.23 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 52384 $38.38 BOB LAMBERT OPERATING SUPPLIES-GENERAL PARK/REC ADMIN 52385 $14.42 CATHY BOLDUC OPERATING SUPPLIES-GENERAL AFTER SCHOOL PROGRAM 52386 $1,375.05 DAHLEIMER DISTRIBUTING COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 52387 $10,909.89 DAY DISTRIBUTING BEER 6/12 PRESERVE LIQUOR #2 52388 $4,826.12 EAGLE WINE COMPANY MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 52389 $18,986.67 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 52390 $347.00 GRAPE BEGINNINGS WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 52391 $62,690.61 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 52392 $59,949.83 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 52394 $296.52 LAURIE HENNING MILEAGE AND PARKING RECREATION ADMIN 52395 $9,877.66 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 52397 $520.05 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 52398 $38.37 OLSON CHAIN & CABLE CO INC EQUIPMENT PARTS WATER SYSTEM MAINTENANCE 52399 $5,100.86 PAUSTIS & SONS COMPANY BEER CASES PRAIRIE VILLAGE LIQUOR #1 52401 $388.75 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 52402 $42,628.30 PHILLIPS WINE AND SPIRTS INC MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 52404 $11,631.52 PRIOR WINE COMPANY MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 52405 $25,293.62 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 52407 $1,557.77 THE WINE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 52408 $4,128.25 US WEST COMMUNICATIONS TELEPHONE SEWER LIFTSTATION 52409 $1,938.60 VINTAGE ONE WINES INC WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 52410 $1,075.85 WORLD CLASS WINES INC WINE IMPORTED PRAIRE VIEW LIQUOR #3 52411 $1,600.20 AIRTOUCH CELLULAR TELEPHONE SEWER UTILITY-GENERAL 52413 $29.00 ANGELA GLYER RFND SWIMMING POOL LESSONS 52414 $150.00 ANNETTE 0 CONNER OTHER CONTRACTED SERVICES ASSESSING-ADMIN 52415 $24.00 BCA CJIS ID UNIT PROFESSIONAL SERVICES FINANCE DEPT 52416 $375.00 BOMA MINNEAPOLIS DUES & SUBSCRIPTIONS IN SERVICE TRAINING 52417 $5.00 BRENDA NORDMARK RFND STARGAZING OUTDOOR CTR PROGRAM 52418 $494.54 CAMAS-SHIELY DIVISION GRAVEL STREET MAINTENANCE 52419 $150.00 CAROL STANDAL OTHER CONTRACTED SERVICES ASSESSING-ADMIN 52420 $76.00 CHRIS DAVIS RFND PRESCHOOL PLAYGROUND PRESCHOOL PLAYGROUND 52421 $109.48 CLIFF CRACAUER MILEAGE AND PARKING EQUIPMENT MAINTENANCE 52422 $380.22 CRAGUNS CONFERENCE CENTER SCHOOLS POLICE 52423 $29.00 DAWN URBANSKI RFND SWIMMING POOL LESSONS 52424 $34.00 EDEN PRAIRIE FOUNDATION TRAVEL COMMUNITY DEVELOPMENT 52425 $130.00 FBINAA NORTHWEST CHAPTER SCHOOLS POLICE 52426 $48.00 GAIL CODY RFND AFTERNOON PLAYGROUND AFTERNOON PLAYGROUND 52427 $7.00 GARBOWICZ, RONALD RFND MUNCHKIN TENNIS YOUTH TENNIS 52428 $350.00 INSTRUMENTAL RESEARCH INC OTHER CONTRACTED SERVICES WATER UTILITY-GENERAL 52429 $126.00 JENNIFER MCNAUGHTON RFND AFTERNOON ADVENTURE AFTERNOON ADVENTURE 52430 $200.00 LEMA HONOR GUARD CAMP SCHOOLS POLICE 52431 $210.00 MAAO CONFERENCE IN SERVICE TRAINING 52432 $45.00 MEMA ATTN KEN SOUTHORN CONFERENCE CIVIL DEFENSE 52433 $150.00 MIKE BEST OTHER CONTRACTED SERVICES ASSESSING-ADMIN 52434 $1,400.00 MN TACTICAL OFFICERS ASSOCIATI CONFERENCE POLICE 52435 $106.00 NEIGHBORHOOD BLDG & REMODELING IMPROVEMENT CONTRACTS 1993 REHAB 54044 52436 $150.00 PATRICIA PIDCOCK OTHER CONTRACTED SERVICES ASSESSING-ADMIN 52437 $134.88 PETTY CASH MILEAGE AND PARKING HUMAN RESOURCES 52438 $41.35 PETTY CASH OPERATING SUPPLIES-GENERAL AFTER SCHOOL PROGRAM 52439 $150.00 PHIL OLSON OTHER CONTRACTED SERVICES ASSESSING-ADMIN 52440 $84.00 RENEE RAHIMI RFND SOCCER FUN CAMP YOUTH ATHLETICS 52441 $116.56 ROD MILLER OPERATING SUPPLIES-GENERAL RECYCLE REBATE 52442 $63.19 ROLLINS OIL CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE COUNCIL CHECK REGISTER 27-MAY-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52443 $56.65 ROSS THORFINNSON JR MILEAGE AND PARKING COUNCIL 52444 $25.50 SON DUONG RFND SWIMMING OAK POINT LESSONS 52445 $29.00 SOTHIRA TE RFND SWIMMING POOL LESSONS 52446 $26,766.80 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 52447 $803.96 JOHN BENIK TRAVEL FIRE 52448 $10.00 HERBST, LAVINA REFUND LETS PLAY BRIDGE SENIOR CENTER PROGRAM 52449 $47.60 JAY 0 CONNELL MILEAGE AND PARKING FIRE 52450 $31.04 JOHN BENIK MILEAGE AND PARKING FIRE 52451 $6,647.47 UNITED PROPERTIES BLDG RENTAL PRAIRE VIEW LIQUOR #3 52452 $2,872.50 MICHAEL J WILKUS ARCHITECTS IN DESIGN & CONST CUB FOOD STORE CONSTRUCTION 52453 $8.00 JAY 0 CONNELL TRAVEL FIRE 52454 $127.21 PETTY CASH MILEAGE AND PARKING HUMAN RESOURCES 52455 $49.02 PETTY CASH OPERATING SUPPLIES-GENERAL AFTER SCHOOL PROGRAM 52456 $8.00 RIOLO, JOSEPH RFND DEFENSIVE DRIVING SENIOR CENTER PROGRAM 52457 $27.50 ROSEVILLE MN OVAL SPECIAL EVENTS FEES ADAPTIVE RECREATION 52458 $6,246.66 SISINNI FOOD SERVICE AWARDS COUNCIL 52459 $800.00 WEST SUBURBAN COLUMBUS CREDIT CREDIT UNION FD 10 ORG 52460 $35.00 JOHN BENIK MILEAGE AND PARKING FIRE 52461 $662.81 CARVER CO CHILD SUPPORT UNIT GARNISHMENT WITHHELD FD 10 ORG 52462 $22.00 CURT & JULIE JACKELS RFND WALKING CLUB ADAPTIVE RECREATION 52463 $17.00 DAMMANN, COURTNEY RFND CANOEING SUNRISE RIVER OUTDOOR CTR PROGRAM 52464 $17.00 DAMMANN, JILL RFND CANOEING SUNRISE RIVER OUTDOOR CTR PROGRAM 52465 $80.00 DEANNA ANDERSON RFND PRESCHOOL PLAYGROUND PRESCHOOL PLAYGROUND 52466 $48.00 DREW, JULIE RFND AFTERNOON PLAYGROUND AFTERNOON PLAYGROUND 52467 $11.00 EDIE ANDERSON RFND BALLROOM DANCE SENIOR CENTER PROGRAM 52468 $200.00 FEDERAL RESERVE BANK OF MPLS BOND DEDUCTION FD 10 ORG 52469 $29.00 FRABONI, LORINDA RFND SWIM LESSONS OAK POINT LESSONS 52470 $209.50 GENZ-RYAN CASH OVER/SHORT FD 10 ORG 52471 $7,515.50 GREAT WEST LIFE AND ANNUITY DEFERRED COMP FD 10 ORG 52472 $578.72 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG 52473 $6,019.46 I.C.M.A. RETIREMENT TRUCT-457 DEFERRED COMP FD 10 ORG 52474 $27.44 TERRY KUCERA MILEAGE AND PARKING COMMUNITY SERVICES 52475 $432.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG 52476 $2,780.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG 52477 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG 52478 $1,042.00 NORTHERN STATES POWER CO OTHER CONTRACTED SERVICES STREET LIGHTING 52479 $46,240.69 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 52480 $30.00 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYERS PERA FD 10 ORG 52481 $30.00 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD ' FD 10 ORG 52482 $23.00 ROCHEFORD, MICHELLE RFND ADULT GOLF SPRING SKILL DEVELOP 52483 $336.00 ROCHELLE EASTMAN RNFD AFTERNOON ADVENTURE AFTERNOON ADVENTURE 52484 $11.66 SALO, JUDY RFND DANCE SPRING SKILL DEVELOP 52485 $36.00 SCHNEIDER, KIRK RFND SWIM LESSONS POOL LESSONS 52486 $77.60 STEVE HANLON MILEAGE AND PARKING FIRE 52487 $180.60 UNITED WAY UNITED WAY WITHHELD FD 10 ORG 52488 $456.30 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52489 $11.00 VIOLET LAPPIN RFND BALLROOM DANCE SENIOR CENTER PROGRAM 52490 $29.00 YEARNEAU, JAN RFND SWIM LESSONS POOL LESSONS 52491 $538.40 CITY OF EDEN PRAIRIE BUILDING CUB FOOD STORE CONSTRUCTION 52492 $120.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 52493 $264.61 AT&T TELEPHONE GENERAL 52494 $155.87 BELLBOY CORPORATION BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 52495 $287.61 CTL COMPANY INC OFFICE SUPPLIES GENERAL 52496 $1,494.80 DAHLEIMER DISTRIBUTING COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 52497 $7,436.45 DAY DISTRIBUTING BEER 6/12 PRESERVE LIQUOR #2 y COUNCIL CHECK REGISTER 27-MAY-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52498 $25,759.20 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 ' 52499 $11.97 HELEN FAULISE PHOTO SUPPLIES SENIOR AWARENESS N16 52500 $33.53 LAURIE HENNING TRAVEL ARTS 52501 $13,478.99 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 52502 $948.90 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 52503 $16.51 MUNSON, BOB RFND MENARDS ICE SHOW 52504 $58.00 OAKLEY, JEANNIE RFND SWIM LESSONS OAK POINT LESSONS 52505 $492.30 PEPSI COLA COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 52506 $16,164.15 THORPE DISTRIBUTING BEER 6/12 PRESERVE LIQUOR #2 52507 $1,459.06 US POSTMASTER - HOPKINS POSTAGE WATER ACCOUNTING 52508 $296.00 FINANCE DEPT AC RONALD CASE COUNCIL 52509 $371.50 A-AARONS REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 52510 $180.80 AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 52511 $665.01 ACCOUNTEMPS OTHER CONTRACTED SERVICES FINANCE DEPT 52512 $776.36 ACHIEVEMENT CENTER, THE OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 52513 $1,402.50 AEC ENGINEERING DESIGN & CONST HIDDEN PONDS TOWER 52514 $3,035.35 ALL AMERICAN AQUATICS CLOTHING & UNIFORMS POOL OPERATIONS 52515 $2,101.52 ALTERNATIVE BUSINESS FURNITURE FURNITURE & FIXTURES POLICE 52516 $206.06 AMERICAN LINEN DIRECT SALES CLOTHING & UNIFORMS INSPECTION-ADMIN 52517 $87.87 AMERICAN LINEN SUPPLY COMPANY OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 52518 $420.00 AMERICAN PLANNING ASSOCIATION DUES & SUBSCRIPTIONS COUNCIL 52519 $56.72 ANCHOR PAPER COMPANY OPERATING SUPPLIES-GENERAL WATER ACCOUNTING 52520 $734.29 APRES REC EQUIP & SUPPLIES HERITAGE PRESERVATION 52521 $4,004.48 AQUA ENGINEERING INC OTHER CONTRACTED SERVICES STARING LAKE 52522 $80.00 ARDEN AANESTAD INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 52523 $235.00 ASLA DUES & SUBSCRIPTIONS IN SERVICE TRAINING 52524 $1,917.00 ATLAS FOUNDATION CO EQUIPMENT RENTAL TREE REMOVAL 52525 $5,237.63 B & F DISTRIBUTING MOTOR FUELS EQUIPMENT MAINTENANCE 52526 $15.87 B & S TOOLS EQUIPMENT PARTS WATER SYSTEM MAINTENANCE 52527 $2,385.02 BAUER BUILT TIRE AND BATTERY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52528 $80.00 BCA/TRAINING & DEVELOPMENT SCHOOLS POLICE 52529 $798.75 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES ICE ARENA 52530 $1,572.20 BELLBOY CORPORATION OPERATING SUPPLIES-GENERAL PRESERVE LIQUOR #2 52531 $5,323.48 BENSHOOF & ASSOCIATES INC REFER 95-32 E.P. TRANSPORTATION PLAN 52532 $72.50 BETH AND MORLEY BURNETT REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 52533 $30.00 BFI TIRE RECYCLERS OF MN INC WASTE DISPOSAL EQUIPMENT MAINTENANCE 52534 $7,004.61 BIFFS INC WASTE DISPOSAL PARK MAINTENANCE 52537 $373.12 BILL CLARK OIL CO INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 52538 $80.00 BILL DROEGER OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 52539 $58.00 BJORN MCGILLAN OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 52540 $52,547.95 BLACK & VEATCH DESIGN & CONST 10 MGD WATER PLANT EXPANSION 52541 $72.53 BLOOMINGTON LOCK AND SAFE REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS 52542 $40.00 BRAD SNYDER INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 52543 $2,545.00 BRAUN INTERTEC CORPORATION OTHER CONTRACTED SERVICES LIME SLUDGE 52544 $162.00 BRENDA JERDE OTHER CONTRACTED SERVICES VOLLEYBALL 52545 $5.00 BRENDA UTING SR AWARENESS BUTTON PAGES SENIOR AWARENESS N16 52546 $293.94 BROADWAY AWARDS AWARDS SPECIAL EVENTS/TRIPS 52547 $86.27 BRUNSWICK BOWLING LANES REC EQUIP & SUPPLIES VOLLEYBALL 52548 $25,350.00 CAIRNS & BROTHER INC FIRE PORTABLE EQUIP FIRE 52549 $2,476.65 CAPITOL COMMUNICATIONS CONTRACTED REPAIR & MAINT POLICE 52550 $18.00 CARLAN, JIM OTHER CONTRACTED SERVICES SOFTBALL 52551 $1,501.76 CENTRAIRE INC CONTRACTED REPAIR & MAINT PRESERVE LIQUOR #2 52552 $268.38 CIC SYSTEMS CONTRACTED COMM MAINT POLICE 52553 $625.00 CITY OF BLOOMINGTON KENNEL SERVICE ANIMAL WARDEN PROJECT 52554 $415.00 CITY OF EDINA CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE COUNCIL CHECK REGISTER 27-MAY-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52555 $485.00 CLUTS 0 BRIEN STROTHER ARCHITE PROFESSIONAL SERVICES ADMINISTRATION 52556 $171.66 COMMISSIONER OF TRANSPORATION INSPECTIONS SCENIC HEIGHTS ROAD 52557 $15.00 COMPUTER CHEQUE OF MINNESOTA I DUES & SUBSCRIPTIONS PRAIRIE VILLAGE LIQUOR #1 52558 $239.40 CONSTRUCTION BULLETIN DUES & SUBSCRIPTIONS IN SERVICE TRAINING 52559 $1,405.33 CONSULTING GROUP INC OTHER CONTRACTED SERVICES SCENIC HEIGHTS ROAD 52560 $13,703.63 CONTRACT MAINTENANCE SERVICE SWEEPING STREET MAINTENANCE 52561 $22.20 COOPERATIVE POWER ASSOC PRINTING POLICE 52562 $5,863.75 COTY CONTRUCTION OTHER CONTRACTED SERVICES ' 1993 REHAB 54044 52563 $55.12 CROWN MARKING INC OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN 52564 $35.48 CUSHMAN MOTOR COMPANY INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52565 $6,581.40 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 52566 $31.46 D C HEY COMPANY CONTRACTED REPAIR & MAINT GENERAL 52567 $1,383.30 DANKO EMERGENCY EQUIPMENT CO PROTECTIVE CLOTHING FIRE 52568 $1,852.38 DEAN & ASSOCIATES CLOTHING & UNIFORMS POLICE 52569 $768.28 DECORATIVE DESIGNS INC RENTALS EP CITY CTR OPERATING COSTS 52570 $1,315.19 DELEGARD TOOL CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 52571 $1,445.89 DESIGNER SIGN SYSTEMS INC BUILDING EP CITY CTR OPERATING COSTS 52572 $19.97 DIGITAL VIDEO MAGAZINE JIM FRANZEN SUBSCRIPTION POLICE 52573 ' $372.84 DIRECT SAFETY CO REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 52574 $24.71 DITCH WITCH OF MINNESOTA INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALING 52575 $62.50 DON ANDERSON II OTHER CONTRACTED SERVICES ICE ARENA 52576 $2,685.00 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT 52577 $174.31 DRISKILLS NEW MARKET MERCHANDISE FOR RESALE CONCESSIONS 52578 $645.58 DYNA SYSTEMS REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 52579 $5,138.47 EARL F ANDERSON SIGNS TRAFFIC SIGNALING 52580 $186.40 ECOLAB INC CONTRACTED BLDG MAINT FIRE STATION #2 52581 $136.60 EDEN PRAIRIE CHAMBER OF COMMER ADVERTISING JULY 4TH CELEBRATION 52582 $3,663.04 EDEN PRAIRIE FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52583 $5,151.00 EDEN PRAIRIE SCHOOL DISTRICT N GYM RENTAL SPRING SKILL DEVELOP 52584 $8,000.00 EIDE HELMEKE PLLP AUDIT & FINANCIAL FINANCE DEPT 52585 $250.00 ELECTRIC SERVICE CO OTHER CONTRACTED SERVICES OUTDOOR CENTER-STARING LAKE 52586 $480.55 ELVIN SAFETY SUPPLY INC REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 52587 $703.15 EMERGENCY APPARATUS MAINTENANC CONTRACTED REPAIR & MAINT FIRE 52588 $840.00 EMMETT J STARK GRANTS-OTHER GOVT UNIT ART & MUSIC 52589 $74.00 ENGINEERING NEWS RECORD OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 52590 $368.60 ENVIRO-CON OTHER CONTRACTED SERVICES SUNNYBROOK RD W HOMEWARD HILLS 52591 $222.90 ETC W/CAREER TRACK TRAINING SUPPLIES SEWER UTILITY-GENERAL 52592 $450.00 EUGEN R ELLEFSON OTHER CONTRACTED SERVICES SOFTBALL 52593 $96.26 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL 52594 $129.04 FEDEX POSTAGE GENERAL 52595 $348.56 FILTRATION SYSTEMS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 52596 $8,805.50 FINLEY BROS INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 52597 $424.13 FISHER SCIENTIFIC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 52598 $355.70 FLAGHOUSE INC OPERATING SUPPLIES-GENERAL SPRING SKILL DEVELOP 52599 $139.82 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES POLICE 52600 $164.92 FOUR S PROPERTIES INC REFUND DEPOSIT ESCROW 52601 $270.00 FRANK LAVALLE OTHER CONTRACTED SERVICES SOFTBALL 52602 $650.00 GARY DIETHELM OTHER CONTRACTED SERVICES CEMETERY OPERATION 52603 $658.10 GENERAL OFFICE PRODUCTS COMPAN OFFICE SUPPLIES WATER UTILITY-GENERAL 52604 $317.80 GOLD COUNTRY INC SIGNATURE CON CLOTHING & UNIFORMS POLICE 52605 $704.77 GOODYEAR COMMERCIAL TIRE & SER TIRES EQUIPMENT MAINTENANCE 52606 $115.00 GOVT FINANCE OFFICERS ASSOC DUES & SUBSCRIPTIONS IN SERVICE TRAINING 52607 $1,132.95 GRAFIX SHOPPE NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 52608 $258.00 HACH COMPANY OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 52609 $1,109.00 HANSEN THORP PELLINEN OLSON OTHER CONTRACTED SERVICES ENGINEERING DEPT 6 COUNCIL CHECK REGISTER 27-MAY-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52610 $216.00 HENNEPIN COUNTY GOVT CTR-GEN A PRINTING POLICE 52611 $216.50 HENNEPIN COUNTY PUBLIC RECORDS RECORDING DOCUMENT FEE ENGINEERING DEPT 52612 $45.00 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 52613 $15.40 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINTENANCE 52614 $1,839.27 HOME DEPOT, THE OPERATING SUPPLIES-GENERAL 1993 REHAB 54044 52615 $649.60 HOME VALU OTHER CONTRACTED SERVICES 1993 REHAB 54044 52616 $35.00 HONEYWELL INC CONTRACTED BLDG MAINT VAR PARK SHELTERS 52617 $2,080.00 HONEYWELL INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 52618 $1,840.00 INFRATECH CONTRACTED REPAIR & MAINT SEWER SYSTEM MAINTENANCE 52619 $790.62 INLAND TRUCK PARTS COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52620 $493.39 INTERSTATE DETROIT DIESEL INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 52621 $34.30 INTL CONFERENCE OF BLDG OFFICI OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN 52622 $1,674.94 ITS A KEEPER EMPLOYEE AWARD HUMAN RESOURCES 52623 $139.78 J H LARSON ELECTRICAL COMPANY REPAIR & MAINT SUPPLIES ROUND LAKE 52624 $2,092.32 JANEX INC CLEANING SUPPLIES EP CITY CTR OPERATING COSTS 52625 $439.85 JIM BROWNS CULTURED SOD FARM LANDSCAPE MTLS & AG SUPPL STARING LAKE 52626 $3,130.00 JMA BUILDERS CONTRACTED BLDG REPAIRS HERITAGE PRESERVATION 52627 $216.00 JOSH HENDERSON OTHER CONTRACTED SERVICES SOFTBALL 52628 $153.70 JUSTUS LUMBER COMPANY BUILDING MATERIALS STREET MAINTENANCE 52629 $53.00 KLIP-KADDY INC MISC TAXABLE PRAIRE VIEW LIQUOR #3 52630 $15.07 KNOX BUILDING MATERIALS OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALING 52631 $143.90 LAB SAFETY SUPPLY INC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 52632 $194.20 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS EP CITY CTR OPERATING COSTS 52633 $1,536.25 LAKE REGION VENDING TOBACCO PRODUCTS PRESERVE LIQUOR #2 52634 $15,321.94 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE LEGAL COUSEL 52635 $28.57 LANO EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52636 $20.00 LAW ENFORCEMENT OPPORTUNITIES DUES & SUBSCRIPTIONS POLICE 52637 $95.00 LEAGUE OF MINNESOTA CITIES DUES & SUBSCRIPTIONS PARK MAINTENANCE 52638 $972.79 LEAGUE OF MINNESOTA CITIES INS INSURANCE GENERAL 52639 $270.00 LEE BRANT OTHER CONTRACTED SERVICES SOFTBALL 52640 $589.00 LEE RAY OTHER CONTRACTED SERVICES SOFTBALL 52641 $89.01 LEHMANN FARMS MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 52642 $1,052.65 LIGHT CYCLE INC WASTE DISPOSAL PW STORAGE FACILITY 52643 $160.00 LMIC OTHER CONTRACTED SERVICES STORM DRAINAGE 52644 $467.54 LOFFLER BUSINESS SYSTEMS INC OFFICE EQUIPMENT ENGINEERING DEPT 52645 $18,356.58 LOGIS LOGIS SERVICE INFORMATION SYSTEM 52646 $114.00 LUKE, TRACY CLOTHING & UNIFORMS POLICE 52647 $45.47 M A ASSOCIATES INC OPERATING SUPPLIES-GENERAL EQUIPMENT MAINTENANCE 52648 $540.00 MARY FREY OTHER CONTRACTED SERVICES VOLLEYBALL 52649 $848.55 MAXI-PRINT INC PRINTING POLICE 52650 $374.00 MEDICINE LAKE TOURS SPECIAL EVENTS FEES ADULT PROGRAM 52651 $138.80 MENARDS OPERATING SUPPLIES-GENERAL FIRE 52652 $40.00 METRO LEGAL SERVICES INC OTHER CONTRACTED SERVICES 1994 REHAB 55041 52653 $115.02 METRO RESOURCES UNLIMITED OTHER CONTRACTED SERVICES PARK MAINTENANCE 52654 $796.00 METRO SALES INCORPORATED OFFICE EQUIPMENT FIRE 52655 $227,393.00 METROPOLITIAN COUNCIL WASTEWAT WASTE DISPOSAL SEWER UTILITY-GENERAL 52656 $381.04 MIDLAND EQUIPMENT COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52657 $1,523.35 MIDWEST ASPHALT CORPORATION GRAVEL STREET MAINTENANCE 52658 $299.69 MINNCOMM PAGING COMMUNICATIONS INSPECTION-ADMIN 52659 $350.00 MINNEAPOLIS COMMUNITY COLLEGE SCHOOLS POLICE 52660 $13.00 MINNESOTA CHIEFS OF POLICE ASS CLOTHING & UNIFORMS POLICE 52661 $34.56 MINNESOTA CONWAY CONTRACTED REPAIR & MAINT FIRE 52662 $256.00 MINNESOTA DEPT OF HEALTH SCHOOLS WATER UTILITY-GENERAL 52663 $69.00 MINNESOTA REAL ESTATE JOURNAL DUES & SUBSCRIPTIONS ASSESSING-ADMIN 52664 $326.80 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADVERTISING HUMAN RESOURCES 7 COUNCIL CHECK REGISTER 27-MAY-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52665 $7.24 MN TROPHIES & GIFTS OPERATING SUPPLIES-GENERAL FIRE 52666 $425.00 MN VALLEY LANDSCAPE INC OTHER CONTRACTED SERVICES VALLEY VIEW & CO RD 4 52667 $178.15 MOORE MEDICAL CORP SAFETY SUPPLIES FIRE 52668 $5.60 MOREHOUSE, KEVIN MILEAGE AND PARKING EPCC MAINTENANCE 52669 $780.24 MOSS & BARNETT OTHER CONTRACTED SERVICES ENGINEERING DEPT 52670 $63.00 MPCA LICENSES & TAXES SEWER UTILITY-GENERAL 52671 $1,245.00 MTI DISTRIBUTING CO SCHOOLS EQUIPMENT MAINTENANCE 52672 $20.00 MUEHLBAUER, THOMAS OTHER CONTRACTED SERVICES ART & MUSIC 52673 $46.00 MUFF MAGLESSEN CONTRACTED EQUIP REPAIR SR CTR OPERATIONS 52674 $1,205.05 MUNICILITE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52675 $46.79 NASCO OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 52676 $32.00 NATIONAL FIRE & ARSON REPORT DUES & SUBSCRIPTIONS POLICE 52677 $215.00 NATIONAL RECREATION AND PARK A DUES & SUBSCRIPTIONS IN SERVICE TRAINING 52678 $2,072.23 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 52679 $128.64 NCR CORPORATION OFFICE SUPPLIES COMMUNITY CENTER ADMIN 52680 $9,030.00 NEIGHBORHOOD BLDG & REMODELING IMPROVEMENT CONTRACTS 1993 REHAB 54044 52681 $53.00 NEWSWEEK DUES & SUBSCRIPTIONS IN SERVICE TRAINING 52682 $444.03 NORTH STAR ICE MISC TAXABLE PRESERVE LIQUOR #2 52683 $104.49 OCHS BRICK AND TILE COMPANY OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 52684 $353.84 OHLIN SALES OFFICE SUPPLIES POLICE 52685 $35.78 OLSON CHAIN & CABLE CO INC OPERATING SUPPLIES-GENERAL TREE REMOVAL 52686 $155.80 OPM INFO SYSTEMS, BRAD STARR CONTRACTED REPAIR & MAINT INFORMATION SYSTEM 52687 $197.66 P&H WAREHOUSE SALES INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 52688 $157.68 PAPER DIRECT INC OFFICE SUPPLIES GENERAL 52689 $11.13 PARAGON CABLE 019561-01 COMMUNITY SERVICES 52690 $820.27 PARKSIDE PRINTING INC PRINTING SENIOR CENTER PROGRAM 52691 $2,561.50 PARROTT CONTRACTING INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE 52692 $50.00 PAUL RYAN OTHER CONTRACTED SERVICES ICE ARENA 52693 $39.00 PAULETTE MARINI INSTRUCTOR SERVICE SENIOR CENTER PROGRAM 52694 $314.25 PENN RACQUET SPORTS OPERATING SUPPLIES-GENERAL SUMMER SKILL DEVELOP 52695 $342.00 PHILIP MANNING OTHER CONTRACTED SERVICES VOLLEYBALL 52696 $894.60 PORTOLITE PRODUCTS NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 52697 $1,249.7 PRAIRIE ELECTRIC COMPANY BUILDING EP CITY CTR OPERATING COSTS 52698 $141.89 PRAIRIE LAWN AND GARDEN REPAIR & MAINT SUPPLIES PARK MAINTENANCE 52699 $738.20 PRAIRIE OFFSET PRINTING PRINTING ASSESSING-ADMIN 52700 $1,777.46 PROSTAFF OTHER CONTRACTED SERVICES REC SUPERVISOR 52701 $945.00 PUMP & METER SERVICE INC EQUIP TESTING & CERTIFICATION EQUIPMENT MAINTENANCE 52702 $287.16 QUALITY WASTE CONTROL INC WASTE DISPOSAL WATER TREATMENT PLANT 52703 $44.96 QUICKSILVER EXPRESS COURIER POSTAGE GENERAL 52704 $81.00 QUINLAN PUBLISHING CO INC DUES & SUBSCRIPTIONS I•N SERVICE TRAINING 52705 $64.93 RADIO SHACK OPERATING SUPPLIES-GENERAL FIRE 52706 $125.14 RAINBOW FOODS OPERATING SUPPLIES-GENERAL SENIOR CENTER PROGRAM 52707 $50.00 RATEIKE, MARILYN JANE OTHER CONTRACTED SERVICES ART & MUSIC 52708 $193.13 RC IDENTIFICATIONS INC OFFICE SUPPLIES POLICE 52709 $203.72 RDO EQUIPMENT CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52710 $434.58 REBS MARKETING OTHER CONTRACTED SERVICES WATER ACCOUNTING 52711 $1,092.37 RESPOND SYSTEMS SAFETY SUPPLIES WATER UTILITY-GENERAL 52712 $626.86 RICOH CORPORATION CONTRACTED REPAIR & MAINT GENERAL 52713 $22,962.24 RIEKE CARROLL MULLER ASSOCIATE DESIGN & CONST SW UTILITY STUDY PHASE II 52714 $1,308.23 RIGID HITCH INCORPORATED NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 52715 $39.37 RITZ CAMERA VIDEO SUPPLIES COMMUNITY SERVICES 52716 $48.00 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 52717 $239.90 ROGERS SERVICE CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 52718 $2,475.60 ROLLINS OIL CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 52719 $36.00 ROTH, BRAD OTHER CONTRACTED SERVICES SOFTBALL COUNCIL CHECK REGISTER 27-MAY-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52720 $740.00 SERCO LABORATIES OTHER CONTRACTED SERVICES WATER UTILITY-GENERAL 52721 $5,240.96 SHAKOPEE VALLEY PRINTING PRINTING COMMUNITY BROCHURE 52722 $294,399.00 SHEEHY CONSTRUCTION COMPANY IN DESIGN & CONST PW STORAGE FACILITY 52723 $173.96 SIGN SOURCE INC REC EQUIP & SUPPLIES HERITAGE PRESERVATION 52724 $9.07 SMITH & WESSON DUES & SUBSCRIPTIONS POLICE 52725 $531.01 SNAP-ON TOOLS EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52726 $1,588.40 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES ICE ARENA 52727 $18.04 SNYDER DRUG OPERATING SUPPLIES-GENERAL FITNESS CLASSES 52728 $70.24 SOKKIA MEASURING SYSTEMS OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 52729 $6,250.00 SOUTHDALE YMCA YOUTH DEVELOPME PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC 52730 $104.14 SOUTHWEST CONTRACTORS SUPPLY OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALING 52731 $124.80 SOUTHWEST SUBURBAN PUBLISHING EMPLOYMENT ADVERTISING HUMAN RESOURCES 52732 $719.88 SPORTS WORLD USA INC REC EQUIP & SUPPLIES SOFTBALL 52733 $144.09 SPS COMPANIES REPAIR & MAINT SUPPLIES FIRE STATION #1 52734 $15,949.77 SRF CONSULTING GROUP INC DESIGN & CONST SCENIC HEIGHTS ROAD 52735 $229.72 ST PAUL BOOK & STATIONERY OFFICE SUPPLIES POLICE 52736 $2,061.50 STANDARD FUSEE CORPORATION POLICE EQUIPMENT POLICE 52737 $35.04 STAR TRIBUNE MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 52738 $34.50 STAR TRIBUNE OPERATING SUPPLIES-GENERAL SUMMER THEATRE 52739 $2,370.59 STREICHERS TRAINING SUPPLIES POLICE 52740 $25.82 STRINGER BUSINESS SYSTEMS INC CONTRACTED REPAIR & MAINT GENERAL 52741 $213.23 STYLING TECHNOLOGY CORPORATION OPERATING SUPPLIES-GENERAL POLICE 52742 $1,022.40 SUBURBAN TIRE & AUTO SERVICE I TIRES EQUIPMENT MAINTENANCE 52743 $198.60 SYSTEM CONTROL SERVICES CORP CONTRACTED EQUIP REPAIR WATER WELL #9 52744 $406.24 THE BATTERY STORE INC EQUIPMENT PARTS SEWER LIFTSTATION 52745 $47.93 THE DALE GREEN COMPANY LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 52746 $64.35 THE PROMOTION GROUP CLOTHING & UNIFORMS INSPECTION-ADMIN 52747 $105.01 THE W GORDAN SMITH COMPANY MOTOR FUELS EQUIPMENT MAINTENANCE 52748 $3,002.68 THE WORK CONNECTION OTHER CONTRACTED SERVICES PARK MAINTENANCE 52749 $45.00 TIE SYSTEMS INC CONTRACTED REPAIR & MAINT POLICE 52750 $169.45 TOLL GAS AND WELDING SUPPLY REPAIR & MAINT SUPPLIES PARK MAINTENANCE 52751 $1,004.43 TOWN AND COUNTRY DODGE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52752 $524.30 TRACY WORTHING INSTRUCTOR SERVICE WINTER SKILL DEVELOP 52753 $2,941.62 TRUCK UTILITIES MFG CO AUTOS P/R REVOLVING FD 52754 $301.72 TRUGREEN CHEMLAWN MTKA CITY CENTER GROUNDS MNTC FIRE STATION #2 52755 $129.60 TWIN CITY OXYGEN CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 52756 $182.92 TWIN CITY VACUUM REPAIR & MAINT SUPPLIES GENERAL BUILDING FACILITIES 52757 $174.54 TWINCO/ROMAX EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52758 $2,734.37 UNIFORMS UNILIMITED CLOTHING & UNIFORMS POLICE 52759 $211.49 UNITED LABORATORIES CLEANING SUPPLIES WATER UTILITY-GENERAL 52760 $15,975.00 UNITED PROPERTIES BROKERAGE CO OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 52761 $231.43 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52762 $11,339.36 US FILTER/WATERPRO REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 52763 $5,386.24 VAN WATERS & ROGERS INC CHEMICALS WATER TREATMENT PLANT 52764 $1,212.24 VESSCO INC EQUIPMENT PARTS WATER TREATMENT PLANT 52765 $106.80 VIDEO SERVICE OF AMERICA VIDEO SUPPLIES COMMUNITY SERVICES 52766 $359.15 VIDEOTRONIX INC PHOTO SUPPLIES POLICE 52767 $286.29 VIKING ELECTRIC SUPPLY BLDG REPAIR & MAINT WATER TREATMENT PLANT 52768 $640.00 VISU-SEWER CLEAN & SEAL INC CONTRACTED REPAIR & MAINT SEWER SYSTEM MAINTENANCE 52769 $350.69 VOSS LIGHTING REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 52770 $248.48 VWR SCIENTIFIC PRODUCTS OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 52771 $77.81 W W GRAINGER INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 52772 $113.61 WASTE MANAGEMENT - SAVAGE WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 52773 $170.75 WESTWELD SMALL TOOLS EQUIPMENT MAINTENANCE 52774 $2,362.50 WESTWOOD PROFESSIONAL SERVICES PROFESSIONAL SERVICES SIGNALS 169/ FOUNTAIN PLACE COUNCIL CHECK REGISTER 27-MAY-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52775 $22.50 WEYERHAEUSER WASTE DISPOSAL EP CITY CTR OPERATING COSTS 52776 $35.00 WINE SPECTATOR DUES & SUBSCRIPTIONS PRAIRIE VILLAGE LIQUOR #1 52777 $198.30 WM MUELLER AND SONS INC PATCHING ASPHALT STREET MAINTENANCE $1,388,915.02* I0 DATE: 06/03/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO:j[C.[� SECTION: Petitions & Requests ,�11�..,`1 DEPARTMENT: ITEM DESCRIPTION: Engineering Division Petition from Hidden Glen Neighborhood Rodney W. Rue Recommended Action: The staff recommends granting the neighborhood's request to temporarily close Pleasantview Road at its intersection with CSAH 101, subject to the following conditions: • This would be a temporary closure until approximately October 15, 1997 or until the construction of CSAH 101 is substantially complete, whichever comes first. The road will need to be open for snow removal operations. • Barricades would be placed on Pleasantview Road near CSAH 101 after the staff has an opportunity to discuss this situation with Hennepin County staff and obtain the proper signing along CSAH 101. Background: We have taken traffic counts and observed the situation on a few occasions with the results showing a high percentage of "cut-through" traffic on this roadway, as well as a substantial increase in the traffic volume itself. We have concluded that this situation would warrant a temporary closure based on the following reasons: • This roadway is a straight and short street with 16 driveways accessing Pleasantview Road between CSAH 101 and Dell Road. This street also is an extension of Pleasantview Road from Chanhassen. • It is very uncommon to even consider such a request. However, this is a unique situation with its close proximity to the CSAH 101 construction zone. Northbound CSAH 101 traffic, in particular, can see the construction zone and divert directly onto Pleasantview Road to avoid the area. • With this closure, the "cut-through" traffic may likely divert to other city streets or possibly remain on CSAH 101. Some of the other city streets that drivers may choose include Valley View Road, Duck Lake Trail, or Twilight Trail. Of these, Valley View Road would be the most likely and also the best option considering that it is approximately 42 feet wide with only five driveways between CSAH 101 and Dell Road. Another possibility is Duck Lake Trail, but not as likely, since the road is skewed in the wrong direction to make it convenient. Twilight Trail may see some "cut-through" traffic as well, but it is approximately two miles south of Pleasantview Road and not likely to receive a large share of the diverted traffic. Petition from Hidden Glen Neighborhood Council Meeting, June 3, 1997 Page 2 of 2 Impacts: There are likely to be some situations that occur due to the temporary closure, such as: • The first few days after the closure there could be some vehicles that proceed down the street before noticing the closure and then turn around in driveways, attempt to go around the barricades, speed off in frustration, etc. These situations will be impossible for Public Safety to monitor, but should reduce to a minimum after the first week of closure. • There will be additional traffic on Dell Road and Valley View Road with an increase in speeding or other violations. • Access for emergency vehicles will be limited to Dell Road and surrounding city streets. • Depending on the route drivers use as alternates, other neighborhoods may request relief. However, we do need to recognize the need for adequate traffic routes. The unique relationship of Pleasantview Road to the construction site of CSAH 101 does not exist in other parts of the community. Plan: Assuming approval of this recommendation by City Council, staff will implement the plan as follows: 1. Coordinate proper signage on CSAH 101 with Hennepin County/MnDOT. 2. Install signs indicating "Road Closed Ahead" at Dell Road and Pleasantview Road. 3. Install Type 3 wooden barricades at the west end of Pleasantview Road from curbline to curbline at approximately the CSAH 101 right-of-way line. 4. The City's part of this will require less than one week, but the signage on CSAH 101 is a key to safety and may take somewhat longer. We will do everything possible to expedite the matter. Z CITY COUNCIL AGENDA Date: June 3, 1997 Section: Director of Parks, Recreation and Natural Resources Department: PRNR Item Description: Nesbitt Preserve Park Item No.: L C Bob Lambert, Director REQUEST: City staff requests that the Council consider two requests relating to Nesbitt Preserve Park: 1. Authorize approval of the process to initiate a revision of the park master plan that would relocate the park shelter and skating facilities to the northwest portion of the park and develop a picnic area, including the playground structure in the southwest portion of the park. 2. Authorize transfer of the funds for the replacement of the Nesbitt Preserve Park playground structure in 1997 to replacing the Hidden Ponds playstructure in 1997. (The Nesbitt Preserve Park playground structure replacement would be delayed to 1999.) RATIONALE: Revision to the Master Plan City staff is recommending the master plan be revised to relocate the park shelter and skating facilities to the northwest portion of the park for the following reasons: 1. The park shelter is falling apart and needs to be replaced as soon as possible. It is scheduled for replacement in 1999. 2. The park shelter is a two-story building located on a hill between the hockey rink and the pond. The two story shelter does not allow one warming house attendant to monitor the entire shelter at one time. 3. The use of the pond as a skating rink results in an extremely poor quality ice and a shortened season due to the springs in that pond. 4. The large flat area in the northwest corner of the site was developed in 1978 to accommodate a possible elementary school. The School District subsequently decided to build the elementary school serving that part of the community at the Eden Lake site. That portion of the park has been used for a soccer field. 5. The existing playstructure is in the foul ball zone of the northern softball/baseball field and should be relocated when a new structure is constructed. 1 6. The existing master plan proposes the warming house and free skating rink be moved up to the parking lot above the hockey rink. This will also require a stairway from the hockey rink to the warming house. Ice skates, ice and stairways do not mix well. 7. Three of the existing hockey rinks in Eden Prairie are located in the western half of the community. There are two additional outdoor hockey rinks proposed in the city, both in the southwest portion of the community. The most efficient development of hockey rinks is to locate more than one on a site in order to reduce the travel time between rinks for flooding and reduce the number of warming houses and warming house attendants per rink. The revised plan will accomplish the following: 1. Provide two hockey rinks, a large free skating rink on the same level as the warming house. 2. Move the playstructure out of the foul ball zone of the two softball fields. 3. Take advantage of the pond setting by developing a picnic area adjacent to the pond. 4. Expand the total amount of parking. 5. Reduce the amount of automobile traffic to the interior of the park, thereby reducing the conflict between park users and automobiles. 6. Add two sand volleyball courts to the park to accommodate the fastest growing outdoor sport in Eden Prairie. 7. Add an additional outdoor rink in the eastern half of the community. Concerns that Would have to be Addressed with this Revised Park Plan are the Following: 1. Provide additional screening to the large parking lot. 2. Provide additional screening to the more visible skating rinks. 3. Elimination of a soccer field. Reallocation of Funds for Replacement of the Playstructure The City has budgeted$50,000 for replacement of the playground structure at Nesbitt Preserve Park in 1997. The Capital Improvement Program projects $250,000 to be spent in 1999 for construction of a park shelter and grading the free skating rink to accommodate the revised park plan. Staff is recommending delaying the replacement of the playground structure until 1999 when the structure could be relocated to the proposed site on the southwest corner of the park at the same time the hockey rink is relocated. 2 The playground structure at Homeward Hills Park is the same design and same manufacturer as the playground structure at Hidden Ponds Park and is the next highest ranked playground structure designated for replacement. Staff recommends using the funds budgeted in 1997 for the Nesbitt Preserve Park to replace the facility at Homeward Hills Park. Process for Revising the Park Master Plan The process for revising the master plan would include sending out a notice to the residents within the service area of the Nesbitt Preserve Park with a copy of the schematic plan depicting the revised master plan and inviting them to a meeting of the Parks, Recreating and Natural Resources Commission to discuss the proposed changes. Comments from that meeting and a recommendation from the Parks Recreation and Natural Resources Commission would then be forwarded to the City Council for a final decision. PARKS, RECREATION AND NATURAL COMMISSION RECOMMENDATION: The Parks,Recreation and Natural Resources Commission toured Nesbitt Preserve Park earlier this month to review the recommendation of staff and voted unanimously to support the staff recommendation to initiate the process to revise the master plan for Nesbitt Preserve Park and to reallocate funds designated for Nesbitt Preserve Park playground replacement to the Homeward Hills Park structure. BL:mdd PPark/Bob 1997 3 I �� ` I • k Vir . • \........D \ V1 • ! \\ \ 1 \ 6 •.0,_ `\ D. \------ ‘, Z_____, , , .-------- „ ,‘ , , .. \ ,,.. ;;\ .. \\..._ \ ._ u5 1 , , , ,.-- ----° • , , , . . \ , , 1 r ;, i �/' ?te r 1 I l t / i r .. .1, o J� r .i "'V 1 'D Y _� "'1 1 l. ,, e.., 0 ' , ) \ cis a .� I oDpo "� ! , r c �� _ ' j / i/ ,�_ F,3�t. ' _ 7 9J