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HomeMy WebLinkAboutCity Council - 06/17/1997 CITY COUNCIL/STAFF WORKSHOP CONSERVATION EASEMENTS & VALUE STATEMENTS TUESDAY, JUNE 17, 1997 6:30 PM, CITY CENTER Heritage Room IV COUNCILMEMBERS: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director, Director of Public Works Gene Dietz, Chief of Police Jim Clark, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Human Resources, Community Information & Services Natalie Swaggert, and Recording Secretary I. CALL MEETING TO ORDER II. PRESENTATION BY THE MINNESOTA LAND TRUST III. REVIEW AND CONFIRMATION OF VALUE STATEMENTS IV. OTHER BUSINESS V. ADJOURNMENT E m Jeff Strate Board Member,Minnesota Land Trust 15021 Summerhill Drive Minnesota Eden Prairie,MN 5534 612-949-8980 Land Trust A non-profit organization Protecting��• June 5, 1997 Mayor Dr. Jean Harris, City of Eden Prairie Council Member Sherry Butcher-Younghans • Council Member Ron Case Council Member Ross Thorfinnson Jr. Council Member Nancy Tyra-Lukens Selected staff and Commissions Dear Council Members and others: Renay Leone, Executive Director of the Minnesota Land Trust, and I look forward to meeting with you at the Tuesday June 17th council workshop on • conservation easements. I've enclosed a packet of materials on conservation easements for each of you as well as packets for Mike Fransen and the Chair, Planning Commission; Bob Lambert and the Chair, Parks and Recreation Commission and the Chair, Heritage Preservation Commission. If you have any questions, don't hesitate to call either the MN Land Trust or myself. Sincerely yours, Jeff Strate i 70 North 22nd Avenue•Minneapolis,Minnesota 55411-2237• Fax(612)521-2376• Phone(612)522-3743 50%recycled•15%post consumer waste PAGE A26•STAR TRIBUNE WEDNESDAY,JANUARY 1.1997 • • • • StarTribune EditOnal _ _______ Joel Kramer.Publisher-•News•Tim McGuire Editor,Pam Fine Managing Editor, Editorial:Susan Albright Editor,Editorial Pages;Jim Boyd Deputy Editor,Editorial Pages Our perspective The North Shore An act of love by Grand Marais A decade ago, University of Minne- Trust's first in a city's heart.Earlier, in sota Prof.Thomas Waters wrote affec- Red Wing, the trust got easements for tionately about Lake Superior's North 83 acres of bluff land and prairie rem- Shore and told of his worry that it nant, as well as 25 acres on a Wisconsin would be overdeveloped. Since then, island opposite downtown. development has increased at many Until Red Wing and Grand Marais, locations. But now comes a welcome most Land Trust easements had come action by Grand Marais to preserve from preservation-minded individuals from further development 60 key in rural or semi-rural areas. So far, 50 shoreline acres on the lake and Grand easements preserve 3,959 acres in 22 Marais harbor. counties.The Land Trust doesn't seek We salute last week's unanimous to prevent all development, only to vote by Mayor Andrea Peterson and strike a healthy balance between de- fellow City Council members for a velopment and open space. It's an conservation easement enforced by agent for continued quality of life as the Minnesota Land Trust. Deserving communities change. applause too are the farsighted Grand Quality of life on the North Shore Marais residents who recognized and includes its scenic rocky shores,water- sought to avoid the potential for over- falls, lighthouse, oreboats, smoked development that could change the fish, wilderness canoeing and camp- character of Grand Marais-already a ing, and much more. Localized pollu- tourist and outdoors recreation desti- tion has been a threat, but Prof. Wa- nation, an arts colony and business ters was optimistic in his book, "The center for sparsely populated Cook Superior North Shore," that past mis- County. takes would not be repeated. "Howev- The easement is a mile stone for er,I am worried most that we may love Minnesota Land Trust,which began in the North Shore to death," Waters Washington County in 1991, added a wrote. "With new recreational tech- statewide focus in 1993 and got its first nology, demands for easier access and full-time employee only in 1994. At greater comforts, and excessive con- Grand Marais,the now-protected city- centrations of people, the very values owned sites are partially developed, of beauty,solitude and clean environ- with public facilities and a camp- ment that are so attractive may them- ground grandfathered in, but include selves be threatened." an undeveloped bluff, too. Years ago, The partnership between Grand an earlier council sold off some city Marais and the Minnesota Land Trust land for development.Future councils protects one small part of the North won't have that option with the Land Shore from excessive development Trust parcels. and thus illustrates how to value the The Grand Marais project is the Land area without loving it to death. Z MINNESOTA LAND TRUST Conservation Easement Fact Sheet Minnesota Land Trust Overview What Effect Does This Agreement Have on My Property Rights? The Minnesota Land Trust's beginnings date back to 1991. We are a private nonprofit A landowner who conveys a conservation easement organization with a statewide mission: to retains all rights to use the land for any purposes that promote the protection and enhancement of open do not interfere with the preservation of the property space including farmland,wetlands, woodlands, as stated in the terms of the easement. bluff lands,wildlife habitat and scenic areas. This mission is accomplished through direct The landowner retains title to the property,the right conservation efforts, public education and a to sell it, the right to restrict public access,and the number of community partnerships. right to deed it to whomever he or she chooses. However, most or all of the rights to develop are What Is A Conservation Easement? restricted or eliminated. The Minnesota Land Trust and other qualified The terms of a conservation easement are conservation organizations use conservation individually tailored to reflect each landowner's easements to protect important land resources. A particular needs, situation and property. For example, conservation easement is a legally recorded one landowner may want to prevent any future agreement by which landowners may voluntarily development. Another may want to retain the right to restrict the use of their land. Provided that certain construct an additional barn or shed. A third conditions are met,donors of easements may be landowner may want to reduce, beyond what is eligible for certain income, estate and property allowed by current zoning, the number of homes that tax benefits.One of the conditions is that must be may be built on a given parcel of land. The easement an established,recognizable public benefit, such can be written to apply to the entire property or to as protecting rare species, public water supplies, only a portion of it. or scenic vistas visible from roads. Public access is not a requirement. What Are The Benefits? Although the duration of a conservation easement Land Protection-By conveying a conservation can vary depending on the desires of the easement, a landowner can protect his or her landowner,tax benefits generally are available property's land resources,thus protecting the natural only for perpetual easements.The Minnesota values of the property for today and for future Land Trust will only accept perpetual easements, generations. In this way,wildlife habitat,scenic since they provide permanent protection by vistas,or productive farmland is then preserved. subjecting all future landowners to the same restrictions. Tax Benefits-The conveyance of a conservation easement can reduce federal and state income taxes, What Types of Land Can Be Protected local property taxes, and estate and inheritance taxes. Through Conservation Easements? However, in order to determine the value of each of these benefits,the value of the easement must first be Any type of undeveloped or sparely developed determined. property can be protected with a conservation easement.The Minnesota Land Trust seeks to How Is The Easement Value Determined? protect agricultural land, forested lands,wildlife areas,wetlands and other scenic or natural lands. Land ownership can be viewed as owning a variety of We are typically interested in establishing separate rights on the property. These rights include, easements on properties that include 40 acres or but are not limited to,the right to farm the land, the more in Greater Minnesota and a minimum of 10 right to build on the land, and the right to exclude the acres in metropolitan areas. public. 3 , a conservation easement into consideration in When a conservation easement limits any of establishing the market value of the land subject to these rights, the value of the land is affected. the easement. That value can be determined by having an appraisal completed by a qualified appraiser who However, existing tax basis, assessed value, and follows IRS regulations. First, the land is current zoning of each piece of property are appraised in light of its full development important factors in determining the potential potential.Then the land is appraised,taking into benefits of any easement. The exact terms of each account the easement restrictions which limit individual easement also have a bearing on its effect some or all of the property's development rights. on property taxes. The difference between these two figures is the What Criteria Must Be Satisfied? value of the easement. In instances where the easement is donated and qualifies under IRS To be eligible for most of the above tax benefits, the regulations, this amount also is the value of a agreement must be entered into with a qualified charitable contribution which can be taken as an conservation organization, such as the Minnesota income tax deduction. Land Trust. In addition, the terms of the easement must be perpetual and they must meet other IRS Ilow Do You Calculate The Tax Benefits? regulations. The criteria that must be satisfied for the Minnesota Land Trust to accept such a donation are Federal Income Tax Benefits-Under the IRS. available upon request. code, the donation of a qualified conservation easement may be treated as a charitable What Rights Does The Minnesota Land Trust contribution.The value of the contribution can Have To My Land? then be deducted at an amount up to 30 percent of the donor'.s adjusted gross income in the year If the Trust accepts an easement on your land, we are of the gift. obligated to oversee and enforce the easement's terms and conditions. For example, the Trust has the If the easement's value exceeds 30 percent of the right to enter and inspect the property(usually once a donor's income,the excess can be carried year)to ensure that the terms of the agreement are forward and deducted(again,subject to the 30 being upheld. Except in unusual circumstances,these percent limit)over the next five years, if needed. visits are scheduled with the landowner. Estate Tax Benefits-Donations of easements, The Minnesota Land Trust does not have the right to whether during the landowner's life or by use your property, nor does the easement allow bequest,can reduce the value of the land upon public access to the property since it remains which estate taxes are calculated.This can privately owned. greatly benefit the landowner wishing to transfer land to relatives. The estate tax benefits of a Want To Know More? conservation easement can often mean the difference between heirs having to sell property The Minnesota Land Trust staff would be happy to to pay estate taxes and being able to keep the answer any further questions you may have about property in the family. using conservation easements, as well as our • organization. Together, we can preserve Minnesota's Property tax benefits-The conveyance of a natural, scenic and agricultural lands. Please write or conservation easement may reduce a landowner's call: property taxes.This depends on current zoning and land use,current assessed value, and whether Minnesota Land Trust the owner participates in a current-use 70 North 22"d Avenue assessment program like Green Acres or Minneapolis,MN 55411-2237 Metropolitan Agricultural Preserves Program. Telephone: (612)522-3743 Under Minnesota law,county assessors must take Fax: (612) 521-2376 `! • MINNESOTA LAND TRUST Guidelines for Limited Development/Open Space Conservation Easements Purpose: To help guide MLT's participation in limited developmenttopen space/cluster subdivisions so that the conservation easement executed by the landowner and MLT is clear, enforceable, and protective of justifiable conservation values. Steps: 1. Landowner approaches MLT with plan or idea of a limited development subdivision on the land in question. 2. MLT offers advice on consulting with design and development experts to create a subdivision that truly respects and protects the conservation values present on the land to be protected (may include references to Randall Arendt's books and other resources on design of successful projects). 3. Landowner, developer and MLT meet to discuss details of proposed projects. Criteria used by MLT to evaluate project will include: a. Strategy and Criteria for Evaluating Land Protection Proposals(copy attached) b. % of total land to be protected by conservation easement (should require at least 50% of'buildable'land, more in some cases) c. public benefit-this is an IRS requirement for the income tax deduction and should be considered in every project. Often, the proximity/view from an adjacent public road or other public area is sufficient. Beware of so-called backyard easements, where the back part of the property(which is not even viewable by the public) is what's being proposed for an easement. d. surrounding land uses-e.g. existing protected public or private land adjacent to proposed project, potential for trail connections, etc. Negative surrounding uses may be industrial/commercial property, etc. Each site must be evaluated individually. e. overall potential success of project; design of housing to be built; reaction of local government authorities to proposal; etc. e. potential reflection of project on MLT reputation in the community. 4. MLT board to give preliminary approval/disapproval to project as soon as possible so landowner/developer can revise plans if necessary. 5. If landowner/developer is concerned about tax implications, they need to review same with their attorney/tax advisor/appraiser EARLY in the process, before the easement is signed and • before the project is approved by the local government authority. 6. MLT may discuss project with local authority during the process, if a local ordinance or other regulation is at issue. 7. If all above goes well, conservation easement is given final approval by MLT board and executed by landowner and MLT at an appropriate time during the subdivision process. Again, tax implications may dictate the timing of the actual closing of the easement transaction. NOTE: In all limited development/open space/cluster subdivision projects, an endowment donation will be expected in the range of$5,000 and up (see endowment policy for details). MLT's board of directors will suggest the amount as early as possible in the process, probably at the discussion regarding preliminary approval. ltddev.pol draft 7/30/96 t MEMORANDUM TO: Mayor and City Councilmembers THROUGH: Carl J. Jullie, City Manager FROM: Natalie Swaggert, Director of Human Resources, Community Information and Services ��► DATE: June 12, 1997 ` SUBJECT: City Council Value Statements Attached are the five Value Statements we drafted at the May 27 Council Workshop for your final review. At the Tuesday, June 17 Council Workshop, time will be allocated for final discussion in preparation for formal adoption of the Value Statements. Once adopted we will communicate the Value Statements to staff and members of our boards and commissions. The next step in the Strategic Management process will be the review and modification of the City Mission Statement to ensure if reflects the new Value Statements. CJJ:NJS:bmm Natalie's correspondence\1997 info memos\97m-cc6.wpd 1 City of Eden Prairie Strategic Management Value Statements We will make decisions only after careful consideration of all the facts and information available. We will make decisions that support the long term needs and vision of the community. We will foster a safe and caring community that welcomes and enhances economic, ethnic, cultural, and life-cycle diversity. We will balance competing needs/interests within the framework of community resources. We will make decisions that are fiscally sound and sustainable. C ,II9 7 v._stmtwpd rcv 6/91 Wmm 2 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 17, 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 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, MAY 27, 1997 B. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, JUNE 3, 1997 C. CITY COUNCIL MEETING HELD TUESDAY, JUNE 3, 1997 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. TOWNPLACE CENTRE - OFFICE/RETAIL/RESTAURANT by Office Depot, Inc. 2nd Reading of the Ordinance for Planned Unit Development District Review on 4.47 acres and Rezoning from Public to C-Regional Service on 4.47 acres, Adopt the Resolution for Site Plan Review on 4.47 acres and Approval of a Developer's Agreement for Townplace Centre - Retail Restaurant for Office Depot, Inc. Location: North and South of the intersection of Leona Road and Den Road. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) City Council Agenda Tuesday, June 17, 1997 Page Two C. PAX CHRISTI CATHOLIC COMMUNITY ADDITION by Pax Christi Catholic Community. 2nd Reading of the Ordinance for PUD District Review on 24 acres and Zoning District Amendment in the Public District on 24 acres, Adopt the Resolution for Site Plan Review on 24 acres and Approval of a Developer's Agreement for Pax Christi Catholic Community Addition for Pax Christi Catholic Community. Location: 12100 Pioneer Trail. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) D. HOMESTEAD VILLAGE by Homestead Village, Inc. 2nd Reading of the Ordinance for PUD District Review on 2.4 acres and Zoning District Amendment in the C-Reg-Ser District on 2.4 acres, Adopt the Resolution for Site Plan Review on 2.4 acres and Approval of a Developer's Agreement for Homestead Village for Homestead Village, Inc. Location: Technology Drive and Highway 212. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) E. SHADY OAK ROAD AND HIGHWAY 212 IMPROVEMENTS RIGHT-OF-WAY ACQUISITION FOR STATE PROJECT NO. 2763- 35 (RESOLUTION) F. RESOLUTION AWARDING CONTRACT FOR TEMPORARY TRAFFIC SIGNALS AT CSAH 1 (PIONEER TRAIL) AND CSAH 4 (SPRING ROAD)/MITCHELL ROAD, I.C. 97-5438 G. RESOLUTION AWARDING CONTRACT FOR TWO NEW 1997 16' HYDROSTATIC MOWERS, I.C. 97-5436 H. RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIF) DISTRICT • I. REQUEST FROM FOREST HILLS ELEMENTARY SCHOOL FOR PERMISSION TO INSTALL BOARDWALK TRAIL J. REQUEST FROM DOUG AND SUE HEYVAERT TO EXTEND WATER TO THE EQUESTRIAN ARENA IN RILEY LAKE PARK K. RESOLUTION AUTHORIZING PARTICIPATION IN LOCAL LEVY TRANSIT OPTION FOR 1998 City Council Agenda Tuesday, June 17, 1997 Page Three V. PUBLIC HEARINGS/MEETINGS A. VILLAS AT MITCHELL LAKE by Hartford Capital Corporation. Request for PUD Concept Review on 9.64 acres, PUD District Review on 9.64 acres, Zoning District Change from Rural to R1-9.5 on 9.64 acres, and Preliminary Plat of 9.64 acres into 24 lots. Location: Terrey Pine Drive & Hwy 5. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution for Preliminary Plat) B. CAR-X MUFFLER & BRAKE by Brian Cook. Request for Zoning District Change from Rural to C-Reg-Ser on 0.56 acres and Site Plan Review on 0.56 acres. Location: 8108 Eden Road. (Ordinance for Zoning District Change) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. ESTABLISH A WORKING GROUP TO INVESTIGATE AND RECOMMEND COMMUNITY USES AT THE EDEN PRAIRIE CENTER AND APPOINTMENT OF MEMBERS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS City Council Agenda Tuesday, June 17, 1997 Page Four F. CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT "19/11) LE UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 27, 1997 5:30 p.m. CITY CENTER CITY COUNCIL STRATEGIC Heritage Room IV MANAGEMENT/EP 2001 8080 Mitchell Road WORKSHOP COUNCILMEMBERS: Mayor Jean Harris, Councilmembers Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson Jr., and Nancy Tyra-Lukens CITY STAFF: City Manager Carl Julie, Assistant City Manager Chris Enger, Director of Human Resources and Community Services Natalie Swaggert, Director of Public Works Gene Dietz, Director of Parks, Recreation and facilities Bob Lambert, and Council Recorder Gina Larson WORKSHOP FACILITATOR: Elizabeth Craig, Craig Group International I. DISC, PERSONAL STYLE INDICATOR II. ROLL CALL Mayor Harris called the meeting to order at 6:15 p.m. All members were present. M. STRATEGIC MANAGEMENT A. SUMMARIZATION OF APRIL 22 WORKSHOP B. DEVELOPING VALUE STATEMENTS Mayor Harris talked about the Code of Conduct and developing value statements. She said the Council could share the Code of Conduct with boards, councils, and committees and it would be used throughout the Eden Prairie meetings. The Council discussed the Code of Conduct: C. CITY OF EDEN PRAIRIE, CODE OF CONDUCT 1. Respect Each Other 2. Have an Open Mind 3. Maintain Open Communication CITY COUNCIL MINUTES May 27, 1997 Page 2 4. Keep Things in Perspective; Maintain a Sense of Humor 5. Support Group Decisions and Teamwork 6. Make Balanced, Informed Decisions 7. Practice Continuous Improvement 8. Operate According to the City's Adopted Values and Goals 9. Make Decisions for the Greater Good of the Community PLEDGE: It Is Every Members' Responsibility to Practice and Ensure These Guidelines Are Followed. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to adopt the Code of Conduct and Pledge. Motion carried unanimously. Thorfinnson left the meeting at 7:00 p.m. D. GROUP CONSENSUS OF VALUE STATEMENTS 1. Cost Effective & Sustainable We will make decisions that are fiscally sound and sustainable. 2. Balance We will balance competing needs/interests within the framework of community resources. 3. Vision and Plan for Future We will make decisions that support the long-term needs and vision of the community. 4. Sense of Community We will foster a safe and caring community which welcomes and enhances economic, ethnic, cultural, and life-cycle diversity. 5. Professionalism & Communication We will make decisions only after careful consideration of all the facts and information available. 2 CITY COUNCIL MINUTES May 27, 1997 Page 3 IV. OTHER BUSINESS Mayor Harris stated the Council needs to formally adopt the Value Statements and then review the City's Mission Statement, make ten years ago, and be sure that they are congruent. In the future, the Mission Statement and Value Statements should be combined into one document and framed and posted for public review. Additional discussion took place regarding the next step in the strategic management process. V. ADJOURNMENT Meeting adjourned at 8:40 p.m. flan UNAPPROVED MINUTES CITY COUNCIL/STAFF WORKSHOP TUESDAY, JUNE 3, 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, Finance Director John Frane, Assistant Finance Director Don Uran, Liquor Store Managers Mitchell Dean, Bill Lempesis, Jack Schepers, and Council Recorder Jan Nelson I. CALL MEETING TO ORDER Mayor Harris called the meeting to order at 6:35 p.m. All Councilmembers were present. II. STAFF REVIEW OF HISTORICAL BACKGROUND, PRESENT BUSINESS ACTIVITY, AND FUTURE PROJECTIONS Enger gave an overview of the liquor enterprise in Eden Prairie and introduced the three Liquor Store Managers. Frane reviewed the chronology of the liquor enterprise. Case asked if the 1982 vote on the Split-Liquor option was required by law in order to get approval from the voters. Frane said the vote in 1982 was held because of the law requiring such a vote once a city has a population over 10,000. Frane reviewed the sales, gross margin and operating income for 1995 operations. Tyra-Lukens asked why we don't generate the same level of operating income as do Edina and Richfield. Franc said our margin does not kick in until we recover the basic costs of operation. Those two cities are adjacent to the area of south Minneapolis that does not have liquor stores, consequently their sales are greater and they recover their basis costs sooner.. Case asked what fixed expenses we have that they don't. Franc said owning versus leasing is a large factor. Enger said the Minnesota Municipal Beverage Association (MMBA) will provide a consultant 1 CITY COUNCIL/STAFF WORKSHOP MINUTES June 3, 1997 Page 2 to do a study forus. He thenstoreissues: ownershipvs. lease; location; y reviewed the four , number; and size. He noted that municipal liquor stores are usually owned, not leased. They are considering ownership status for a store in the Preserve area, as well as new locations in northwest Eden Prairie and southwest Eden Prairie. He said we should be able to compete with private liquor stores, however warehouse stores could be an issue. Tyra-Lukens asked what the gross margin is at private liquor stores. Enger said staff would have to research that. Thorfinnson said he would like to see the per capita figures for other cities and comparisons of how many stores those cities have, how big the stores are, and whether stores are owned or leased. Schepers reviewed what he knew about stores in other nearby cities. Frane said we will get a report from the consultant about whether our gross margins are comparable to industry standards. Case would like to have statistics on our cigarette sales. Harris asked if Staff could prepare that study unless it would be included in the MMBA study. III. PROPOSED MANAGEMENT STUDY OF LIQUOR OPERATIONS Enger said the MMBA study will be free of charge, and he would suggest we go through with it. Their only requirement is that the City Manager, the Liquor Manager or the Mayor read the study. Councilmembers would have the option to be interviewed for the study. He said they would be looking into several of the questions raised tonight. Butcher-Younghans asked if this study is offered to us as a member of the MMBA. Enger said that was correct. Enger noted he would like to have us pursue the Retailer's Award given by the MMBA. Harris thought the consensus of the Council was to go forward with the study. She also thought we need to address the issue of whether we are in this for control or for profit, but we can wait for the study to see what it presents. IV. OTHER BUSINESS IV. ADJOURNMENT Mayor Harris thanked staff for their presentation. She adjourned the meeting at 7:20 p.m. ni TIT C UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JLTNE 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 Mayor Harris called the meeting to order at 7:30 p.m. ROLL CALL All members were present. PRESENTATION OF "KEY TO THE CITY" TO THE FAMILY OF FORMER COUNCILMEMBER RICHARD T. ANDERSON Mayor Harris presented a Key to the City plaque to the family of former Councilmember Richard T. Anderson. She reviewed his many contributions while serving as Councilmember and Commissioner for the City of Eden Prairie. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Harris suggested the agenda be reordered to move the Hidden Glen request, item VIILA., to follow the Consent Calendar. Thorfinnson added item XI.A.1. Report on I-494 Corridor Issue. Jullie added items IV.J. RESOLUTION APPROVING FINAL PLAT OF RILEY CREEK RIDGE, XI.E.1. Discussion of Lawn Watering Restrictions, an addition to item IV.C. AND RESOLUTION APPROVING THE SUMMARY OF THE NEW ORDINANCE REGARDING TOWERS AND ANTENNAS. I CITY COUNCIL MINUTES June 3, 1997 Page 2 MOTION: Tyra-Lukens moved, seconded by Thorfmnson to approve the Agenda as published and amended. Motion carried 5-0. II. OPEN PODIUM III MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, MAY 20, 1997 MOTION: Butcher-Younghans moved, seconded by Case, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, May 20, 1997. Motion carried 4-0-1, with Harris abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 20, 1997 MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council meeting held Tuesday, May 20, 1997. Motion carried 4-0-1, with Harris abstaining. 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 ORDINANCE 27-97 AMENDING CHAPTER 11 FOR TOWERS AND ANTENNAS AND RESOLUTION 97-102 APPROVING THE SUMMARY OF THE NEW ORDINANCE REGARDING TOWERS AND ANTENNAS D. RESOLUTION 97-103 APPROVING CONSTRUCTION PLANS FOR SHADY OAK ROAD AND FLYING CLOUD DRIVE IMPROVEMENTS, LC. 94-5344 E. RESOLUTION 97-104 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 Ordinance 26-97-PUD-17-97 for PUD District Review and Zoning District Change CITY COUNCIL MINUTES June 3, 1997 Page 3 from Rural to Neighborhood Commercial on 3.66 acres, Adopt Resolution 97-105 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 26-97-PUD-17-97 for PUB District Review and Zoning District Change and Resolution 97-105 for Site Plan Review) APPROVAL OF ENCROACHMENT AGREEMENT FOR INSTALLATION OF FIBER OPTIC CABLE WITH KMC J. RESOLUTION 97-106 APPROVING FINAL PLAT OF RILEY CREEK RIDGE MOTION: Case moved, seconded by Thorfmnson, to approve items A-J on the Consent Calendar. Motion carried 5-0. VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. PETITION FROM RESIDENTS OF HIDDEN GLEN NEIGHBORHOOD (Continued from May 20, 1997) Jullie said this is a continued item from the May 20, 1997 City Council meeting. Our Engineering staff has completed a review of the petition from the Hidden Glen neighborhood for a temporary closure of Pleasantview Road at its intersection with CSAH 101. We concur that this closure is appropriate because of the uniqueness of this situation. The alignment and proximity of this roadway to the nearby construction project make it especially attractive for cut-through traffic. This roadway is very residential in character and design and should not be expected to handle such large volumes of cut-through traffic. A partial closing(i.e., no right turns) would be costly to enforce and not as effective. "This temporary closure would not last longer than October 15, 1997. Dietz reviewed the staff memorandum of June 3, 1997. He noted that, following the closure, there probably will be a period of time when cars will use the street and will have to turn around at the closed end. City staff is prepared to close the street by Friday of this week; however, the right turn lane northbound to Pleasantview Road will have to have barrels placed in it, and that will require the cooperation of Hennepin County. There will be signs at the west and east ends advising that the roadway will be closed as of June 6. The signs will remain throughout the closure, which will remain until about October 15, or until Hwy 101 is opened to traffic again. Case said he did not see a temporary signal at the intersection by the Tom Thumb store. Dietz said there isn't one. Case expressed concern about a process to reconstruct roads that does not look at a neighborhood like this and anticipate that such a traffic situation will occur. Dietz said the alternative would have been to designate a specific detour route, and there aren't many good options. CITY COUNCIL MINUTES June 3, 1997 Page 4 Case said the neighbors have suggested there be no right turn on red north on Dell and east on Hwy 62. He asked if we could suggest that to the County. Dietz said the sign would be in their right-of-wad; however, we could look into it as part of the operations at that intersection. MOTION: Thorfmnson moved, seconded by Case, to approve the temporary closure of Pleasantview Road at its intersection with CSAH 101 as per the recommendation of the Engineering Staff Report of June 3, 1997. Motion carried 5-0. 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 97-107 for Site Plan Review) Julie said the official notice of this Public Hearing was published on May 22, 1997 in the Eden Prairie News and mailed to one property owner. The request is to construct an 18,125 square foot hangar on 0.7 acres and is in conformance with the Flying Cloud Airport Design Framework Manual. Dave Crown, owner of Crown Aviation, reviewed his request. He questioned the requirement for brick facing since MAC plans to do some additional building in the vicinity and it might be covered up. He also was not sure about the landscaping requirements because the only available location for the plantings is the natural drainage ditch on the property and they would not survive there for very long. Enger said the Planning Commission unanimously recommended approval of this project at its May 27, 1997 meeting, subject to the recommendations of the Staff Report of May 23. He said the only items required in the Design Framework Manual are concerned with landscaping and the facing of the building. He said if there are still questions about those two items, we would need more time to address them because the Planning Commission made their recommendations with those items in mind and because they understood that the Design Framework Manual would be adhered to. The Parks, Recreation & Natural Resources Commission did not review this project. Harris understood there might be some flexibility in terms of material and placement. Case asked where the drainage ditch is in relation to the airport. Crown said the drainage ditch is between the soccer fields and the airport. Crown asked if there is any general fund that they could use to pool money to plant trees and shrubs in other areas in the airport where they would be more likely to survive. Enger said that would seem to be a good idea and worth pursuing. He said the plans and the staff report indicate trees adjacent to the parking area and staff felt something practical could be done along the top of the drainage ditch. Enger thought the Council CITY COUNCIL MINUTES June 3, 1997 Page 5 might want to refer this to staff to work out with proponent. Case was concerned when rules are made that are not flexible enough to bend to the situation. He thought the intent of the Design Framework Manual makes sense, but he thought the manual should have specified those areas that we want to enhance. Tyra-Lukens asked how imminent is the construction of the building on the north side. Crown said the Williams pipeline goes through there, so he was not sure when, or if', the building would be constructed in that location. Councilmembers then discussed the brick facing and plantings. The consensus was to put the plantings on the west and the bricks on the north and to have the plantings be primarily trees. Tyra-Lukens asked how we would handle it if MAC denies the request to plant trees. Case thought we are approving a dollar amount, and MAC would have to determine that. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing. Motion carried 5-0. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 97-107 for Site Plan review on .7 acres, with the condition that plantings be placed on the west side of the building with the plantings to consist primarily of trees. Motion carried 5-0. 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 I-2 Park District on 8.64 acres and Site Plan Review on 8.64 acres. Location: Wallace Road. (Resolution 97-108 for PUD Concept Review and Ordinance for PUD District Review and Zoning District Amendment) Jullie said the official notice of this Public Hearing was published on May 22, 1997 in the Eden Prairie News and mailed to 21 property owners. The site plan for this project shows construction of a one-story, 70,641 square foot building on 8.64 acres. Debbie Broadsho, representing proponent, reviewed the proposal to build a warehouse building adjacent to the School District property. She said a School District representative was concerned at a neighborhood meeting that additional landscaping be provided on their side of the project. They will be happy to do that, but there is an easement issue there. She also reviewed the proposed landscaping and reforestation plan. Butcher-Younghans asked what the grading will be. Broadsho said the elevation is 882, and the grading will be very close to that. CITY COUNCIL MINUTES June 3, 1997 Page 6 Enger said the Planning Commission unanimously recommended approval of this project at its May 12, 1997 meeting, subject to the recommendations of the Staff Report of May 9. He reviewed the waivers required for the project. Lambert said the Parks, Recreation & Natural Resources Commission recommended approval on a 6-0-1 vote at their May 19, 1997 meeting, subject to the recommendations of the Staff Reports of May 9 and May 14. Commissioner Kracum abstained from voting because of his proximity to the property. Butcher-Younghans liked the plan and most of the residents she heard from did too. Case said he heard from some residents who were not as pleased. He had concerns about the bigger ramifications and the process that brought us to this point. He thought it makes sense from the perspective of someone driving down Wallace Road; however viewing it from the residential area to the south raises some questions. Case asked when we are on safe legal ground to call into question a project that requires this many waivers. He understands this predates our ten acre minimum requirement; however, several commissioners had concerns about squashing this onto the property. He was troubled by the transition between industrial and residential zones, but he liked the way the traffic impact is minimized. He was concerned about headlights not being totally blocked from the residential neighborhoods. He noted the Parks Commission discussed shifting a couple of parking spaces to save some trees. He thought we should consider all ways to better the view from Scenic Heights Road and do anything possible to save trees. Tyra-Lukens thought this was a problematic project. She liked the idea, the building and the location but was concerned about setting a precedent to have total blockage of headlights from residential buildings. She thought most of the traffic would be during the daytime. She was concerned about the number of waivers being requested and was not sure what the citizens are gaining by granting variances to the proponent. She could not see the hardship case for granting the waivers. Enger said this is part of an existing 35-year old industrial area. The School District building is permanent in that location. He thought we have reviewed the questions of whether this type of building at a floor area ratio less than that permitted is preferable and whether other uses have been explored. Townhoses would be isolated in this area, and he thought the project makes eminent sense on this site because it completes the pattern of industrial development in this area. We have granted shoreland ordinance variances in commercial areas fairly extensively, based on merit. He thought we need to look at it in total and look at the land use. He thought the question is whether it is a suitable project for the location or should we look for a different land use. Tyra-Lukens liked the project and thought it fills in very well. Her concern was with the number of different variances we are granting with this parcel. Enger said the Staff Report enumerates the valid reasons for the variances, and such projects almost always CITY COUNCIL MINUTES June 3, 1997 Page 7 include several waivers because of the way the shoreland ordinance was given by the state. Harris was sensitive to the problematic location for several other types of development, and she thought this is a reasonable use of the land. Case's concern was with setting a precedent of blocking headlights. This is high up and abuts residential areas. They have several truck bays, and he thought it would not be difficult to exchange or mitigate that situation. He asked Staff to look into that issue and make a determination. Broadsho reviewed the landscaping plan with terraced plantings that will fill in and eventually block out the building. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to close the Public Hearing. Motion carried 5-0. MOTION: Butcher-Younghans moved, seconded by Thorfmnson, to adopt Resolution 97-108 for PUD Concept Review on 8.64 acres; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment in the I-2 Park District on 8.64 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. VI. PAYMENT OF CLAIMS Case asked if, in the summary listing on the front of the Payment of Claims, it would be possible to group these into departments so we could get more of a feel for the outflow and the costs of services. Jullie thought we can do that within the system, but he will check it out and report back. Thorfmnson thought the checks written are not reflective of the monthly expenses and represent only the amount paid out during the course of the month. He didn't know what the benefit would be and would probably make more work for staff Case thought it would be more a matter of getting used to doing it by group, and it would give a general sense of what the different departments are doing. Harris suggested we send the idea to staff; however, she was not sure we would get what we want without a great deal of detail. MOTION: Thorfmnson moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfmnson, Tyra-Lukens and Harris voting "aye." CITY COUNCIL MINUTES June 3, 1997 Page 8 VII. ORDINANCES AND RESOLUTIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION(Councilmember Nancy Tyra-Lukens) Tyra-Lukens said there will be an increase in the Telebus fare from 50 cents to $1.75 per ride. They are working with social service groups to get some sort of subsidy to help low-income users of the service. She said the commission recommended that the Executive Director discuss with the City that they be involved in the development of parcels of land around the transit hub. She reviewed what has been happening in the state legislature regarding the gas tax and the omnibus transportation finance bill. There are some possible changes in the local levy option, and the local levy may become part of the levy limit. The Executive Director is meeting with some people tomorrow to see what the impact will be. Case asked if we are permitted not to levy. Tyra-Lukens said we can choose not to levy; however, if we don't, the Met Council then has an incentive to not honor bills because they get half of the money that is not spent. Harris thought it would be useful to have staff look at this and bring some recommendations back to the Council. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on I-494 Corridor Commission Thorfmnson said the group unanimously approved a change in direction on the Hwy 394 demonstration issue to allow a toll. They have not yet presented it to Edina because they have not been able to get on the agenda there. Maple Grove has not endorsed it because they believe it conflicts with their efforts to build Hwy 610. Two representatives of the group will go to Washington D.C. in two weeks to meet with Minnesota Senators and Representatives to talk about Hwy 494 and alternatives. Harris noted she will be distributing some material from a meeting of a task force that is looking at congestion. She said MnDOT has identified categories and will hold focus groups around the metropolitan area to test their assumptions and proposed strategies. Thorfinnson noted it is a very real possibility that, if the demonstration project works on Hwy 394, NA,e will see it on 494 because they are looking at it as a way CITY COUNCIL MINUTES June 3, 1997 Page 9 to pay for additional lanes. X. APPOINTMENTS A. APPOINTMENT TO FILL VACANCY ON THE ARTS COMMISSION FOR A TERM TO EXPIRE MARCH 31, 2000 Julie said due to the resignation of Rachel Hutter from the Arts Commission, a vacancy now exists for a term which expires March 31, 2000. He noted there are three applicants from the last appointment process that expressed interest in the commission. Thorfmnson nominated John Murray. Tyra-Lukens nominated Andrea McGillan. MOTION: Butcher-Younghans moved, seconded by Thorfmnson, to close the nominations. Motion carried 5-0. Councilmembers then voted by a raise of hands, as follows: four votes for McGillan (Harris, Tyra-Lukens, Butcher-Younghans and Case); one vote for Murray (Thorfmnson). Andrea McGillan will be appointed to fill the vacancy on the Arts Commission for a term to expire March 31, 2000. XI. REPORT OF OFFICERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Nesbitt Preserve Park Lambert said during the staff review process for replacing the playground equipment at Nesbitt Preserve Park, they decided it was appropriate to address some of the other problems at that park. He said they have learned it is not a good idea to use ponds for free-skating areas, especially if they have springs in them as this one does. After touring the park and considering a different layout for the park, the Parks Commission recommended on a unanimous vote to consider delaying the replacement of the equipment until we have redone the rest of the park. The CIP calls for replacing the warming house in 1999, and they would like to transfer this year's funding for replacing this playground structure to replace the equipment at Hidden Ponds Park. He said staff will begin the process to revise the master plan for Nesbitt Preserve Park to change the location of the skating facilities and playground and to 9 CITY COUNCIL MINUTES June 3, 1997 Page 10 develop picnic facilities on the southwest corner of the park. They will have to notify the residents within the service area and invite them to a Parks Commission meeting to discuss some of the problems we have and some of the recommendations for changes. Harris liked the proposed new design and thought most people will be very pleased with it. Butcher-Younghans asked if the surfaces between the warming house and the skating facilities will be wooden walkways. Lambert said it would be an eight-foot asphalt trail that they would cover with a rubberized surface in the winter. MOTION: Case moved, seconded by Butcher-Younghans, to approve the process for revising the Master Plan for Nesbitt Preserve Park and to approve the transfer of replacement funding for playground equipment as per the Staff Agenda Report of June 3, 1997. Motion carried 5-0. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Discussion of Lawn Watering Restrictions Dietz said we need to get information out and begin to enforce the watering restrictions. He reviewed the water usage over the past weekend that led to staffs recommendation to begin enforcing the restrictions. He said they plan to blanket the City with the information about the restrictions. They will hang the information packet on the doorknob or the mailbox on Thursday of this week if the Council agrees with the Staff recommendations. They would then have four staff members go out on Saturday to give notices of violation. Thorfinnson thought it is inevitable that we would use the information at some point this summer, if not this week. Dietz noted they would distribute the information, but the enforcement on the weekend would depend on whether we get rain before the weekend. Harris thought we could consider having posters at the Eden Prairie Center and other locations. Dietz said WCCO and the TV stations have been responsive to providing information about cities that have severe water problems. Staff has avoided going to the media because they did not think we are in a critical situation. Butcher-Younghans thought it may be a matter of people knowing about the 10 CITY COUNCIL MINUTES June 3, 1997 Page 11 restrictions but making a choice to water anyway. She thought the monetary penalty will have an impact. Case asked if it is worth putting ads in the newspaper. Dietz said he has talked to Mark Weber about devoting some space in the paper to this. He said the Eden Prairie News has done a very good job of reporting information, but there has always been an association with an emergency and they don't recognize this as an emergency. Harris thought it was important to get this out as early as possible because changes do not occur overnight. Dietz said the City employee would have to see the violation. Staff discussed the merits of writing a "ticket" versus putting it on the water bill and decided the three-part ticket form would have more impact. Case asked how they will differentiate those people who are watering off a well. Dietz said we will hear from them if we give them a notice of violation. MOTION: Thorfmnson moved, seconded by Tyra-Lukens, to approve the Staff recommendations regarding water restrictions. Motion carried 5-0. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfmnson moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:15 p.m. 1/ OP CITY COUNCIL AGENDA DATE: ederl SECTION: Consent Calendar 6-17-97 prairies 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) HEATING &VENTILATING Allstar Construction Abel/B&C Inc Virgil Hesse Construction Inc TEK Mechanical Inc Jim Otto Construction Inc Thrane Inc ResComm Construction Inc UTILITY INSTALLER PLUMBING Ron-Son Contracting JLB Plumbing Inc Nybo-Peterson Plumbing Co Inc LAWN FERTILIZER APPLICATOR TEK Mechanical Inc Talberg Lawn& Landscape Inc GASFITTER Abel/B&C Inc TEK Mechanical Inc Thrane Inc June 17 1997 1 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-17-97 SECTION: CONSENT CALENDAR ITEM NO. f-16 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger TOWNPLACE CENTRE- RETAIL RESTAURANT Michael D. Franzen Requested Council Action: • Adopt the Resolution for Site Plan Review on 4.47 acres; • Approve 2nd Reading of the Ordinance for PUD District Review on 4.47 acres and Rezoning from Public to C-Regional Service on 4.47 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Resolution for Site Plan Review 2. Ordinance for PUD District Review and Zoning District Change 3. Developer's Agreement TOWNPLACE CENTRE- RETAIL RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR TOWNPLACE CENTRE- RETAIL RESTAURANT BY OFFICE DEPOT, INC. WHEREAS, Office Depot, Inc. has applied for Site Plan approval of Townplace Centre - Retail Restaurant on 4.47 acres for construction of 37,187 square feet of retail space and 7,700 square feet of restaurant space on 4.47 acres located North and South of the intersection of Leona Road and Den Road to be zoned from Public to C-Regional Service on 4.47 acres by an Ordinance adopted by the City Council on April 15, 1997; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 24, 1997 Planning Commission meetings and recommended approval of said site plans; and, WHEREAS,the City Council has reviewed said application at a public hearing at its April 15, 1997 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Office Depot, Inc. the construction of 37,187 square feet of retail space and 7,700 square feet of restaurant space, based on plans dated February 20, 1997 between Office Depot, Inc., and the City of Eden Prairie. ADOPTED by the City Council on June 17, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk Z TOWNPLACE CENTRE-RETAIL RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 30-97-PUD-20-97 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 Public District and be placed in the C-Regional Service Zoning District 30-97-PUD-20-97 (hereinafter "PUD-20-97-C-Regional Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 17, 1997, entered into between Office Depot, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-20-97-C- Regional Service, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-20-97-C-Regional Service is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-20-97-C-Regional Service 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-20-97-C-Regional Service are justified by the design of the development described therein. D. PUD-20-97-C-Regional Service is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public District and shall be included hereafter in the Planned Unit Development PUD-20-97-C-Regional Service 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 15th day of April, 1997, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of June, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on q Exhibit A Townplace Centre Legal Description PUD Legal: Lots 5, 6 Auditors Subdivision n. 335 and Lots 4 - 10, Block One, Leona Addition, and Lots 7,8,9 Block Two, Leona Addition Rezoning and Site Plan Legal: Lots 5, 6 Auditors Subdivision n. 335. TOWNPLACE CENTRE- RETAIL RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 30-97-PUD-20-97 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 North and South of the intersection of Leona Road and Den Road on 4.47 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. Frane /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.) CO DEVELOPER'S AGREEMENT RETAIL-RESTAURANT THIS AGREEMENT, made and entered into as of June 17, 1997, by Office Depot, Inc. a Delaware Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 10.59 acres, Planned Unit Development District Review on 4.47 acres, Rezoning from Public to C-Regional Service on 4.47 acres, Site Plan Review on 4.47 acres and Preliminary Plat of 10.59 acres into four lots and one outlot, for the construction of 37,187 square feet of retail space and 7,700 square feet of restaurant space, on 4.47 acres situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. 30-97- PUD-20-97 for Planned Unit Development and Zoning, Resolution No. 97-77for Preliminary Plat, Resolution No. for Site Plan Review. Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials submitted by Developer and revised and dated February 20, 1997, reviewed and approved by the City Council on April 15, 1997, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for, sanitary sewer, water, interim irrigation systems and storm sewer. Developer shall complete the implementation of the approved utility plans prior to occupancy permit issuance. 1 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. LANDSCAPE PLAN:. Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's written 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. 6. IRRIGATION PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation of the approved plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. 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. 8. 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. 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. Developer agrees that City will not release the security provided until all such corrective measures are satisfactorily completed by Developer. 9. SIGNS: Developer agrees that for each and every sign which requires a permit by Eden Prairie's City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for 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. 10. 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. 9 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. 11. 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. 12. SPECIAL ASSESSMENT AGREEMENT: Developer agrees to enter into a special assessment agreement with the City covering the assessment of trunk charges to the Property in the amount of$18,017.00. The agreement is attached as Exhibit E. 13. TREE LOSS -TREE REPLACEMENT: There are 370 caliper inches of significant trees on the property. Tree loss is calculated at 370 caliper inches. Tree replacement required is 142 caliper inches. Prior to the release of the final plat, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 142 diameter inches. Said plan shall include replacement trees of a 3 inch diameter minimum size for a shade tree and a seven foot minimum height for conifer trees. Upon approval by the City Forester, Developer agrees to implement the approved tree replacement plan prior to occupancy permit issuance. I0 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-17-97 SECTION: CONSENT CALENDAR ITEM NO. -1-V. C DEPARTMENT: ITEM DESCRIPTION: Community Development Michael D. Franzen PAX CHRISTI CATHOLIC COMMUNITY ADDITION Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: 1. Adopt the Resolution for Site Plan Review on 24 acres; 2. Approve 2nd Reading of the Ordinance for PUD District Review on 24 acres and Zoning District Amendment in the Public District on 24 acres; 3. Approval of a Developer's Agreement. Supporting Reports: 1. Resolution for Site Plan Review 2. Ordinance for PUD District Review and Zoning District Amendment 3. Developer's Agreement J PAX CHRISTI CATHOLIC COMMUNITY ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PAX CHRISTI CATHOLIC COMMUNITY ADDITION BY PAX CHRISTI CATHOLIC COMMUNITY WHEREAS, Pax Christi Catholic Community has applied for Site Plan approval of Pax Christi Catholic Community Addition on 24 acres for construction of a 47,000 square foot building addition located at 12100 Pioneer Trail, within the Public District by an Ordinance adopted by the City Council on May 20, 1997; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 28, 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 May 20, 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 Pax Christi Catholic Community for the construction of the addition,based on plans dated May 8, 1997, between Pax Christi Catholic Community, and the City of Eden Prairie. ADOPTED by the City Council on June 17, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk Z PAX CHRISTI CATHOLIC COMMUNITY ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 28-97-PUD-18-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the"land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Public District 28-97-PUD-18-97 (hereinafter "PUD-18-97-Public"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 17, 1997, entered into between Pax Christi Catholic Community and the City of Eden Prairie, (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-18- 97-Public, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-18-97-Public is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-18-97-Public is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-18-97-Public are justified by the design of the development described therein. D. PUD-18-97-Public is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Public District and shall be included hereafter in the Planned Unit Development 18-97-Public, 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. 3 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 20th day of May, 1997, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of June, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on y PAX CHRISTI CATHOLIC COMMUNITY ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 28-97-PUD-18-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows the amending of land located at 12100 Pioneer Trail, within the Public District on 24 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.) Pax Christi Church Expansion - 1997 Exhibit A Legal Description: Lot 1, Block 1, PAX CHRISTI ADDITION tP SECOND DEVELOPER'S AGREEMENT PAX CHRISTI CHURCH EXPANSION - 1997 • THIS AGREEMENT is entered into as of June 17, 1997, by Pax Christi Catholic Community, a Minnesota non-profit corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment on 24 acres, Planned Unit Development District Review on 24 acres, Zoning District Amendment in the Public Zoning District on 24 acres, and Site Plan Review on 24 acres, for construction of a 47,000 square foot addition, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 97-100 for PUD Concept Amendment, Ordinance No. for PUD District Review and Zoning District Amendment, and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated May 8, 1997, reviewed and approved by the City Council on May 20, 1997, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for sanitary sewer, water, interim irrigation systems and storm sewer. Developer agrees to complete implementation of the approved utility plans concurrent with building construction, and prior to issuance of any occupancy permit for the Property. 7 4. GRADING,DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. 5. PRETREATMENT POND: Prior to the issuance of any permit for grading of the pond, utilities permit, or building permit for the Property, the Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design information for the storm water pretreatment pond to be constructed within Outlot A, Pax Christi Addition, as depicted in Exhibit B. In addition, the Developer shall submit to the City Engineer, copies of all necessary approvals issued by other agencies for the construction of the storm water pretreatment pond. The agencies issuing such approvals include, but are not necessarily limited to, the following: the US Army Corps of Engineers and the Minnesota Department of Natural Resources. Developer shall complete implementation of the approved storm water pretreatment pond plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property, Developer shall provide to the City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation, erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. 6. EXTERIOR MATERIALS: Developer has submitted to the City Planner,and has received the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property,Developer agrees to complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. 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 agrees to complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto,prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. IRRIGATION PLAN: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees to complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to City Planner, and has received City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his/her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that City will not release the 9 security provided until Developer completes all such corrective measures to the satisfaction of the City Planner. 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 plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 12. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, hold harmless, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs(including attomey's fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, hold harmless, defend and indemnify because of any inspection, review or approval by City. 13. REAFFIRMING CONDITIONS OF DEVELOPER'S AGREEMENT: Developer reaffirms all of the terms, conditions and obligations of"Developer" under the Developer's Agreement dated June 7, 1983, and the Supplement to Developer's Agreement dated April 26, 1988, except as inconsistent with or amended by this Agreement. 10 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-17-97 SECTION: CONSENT CALENDAR ITEM NO. V, DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger HOMESTEAD VILLAGE Michael D. Franzen Requested Council Action: • Adopt the Resolution for Site Plan Review on 2.4 acres; • Approve 2nd Reading of the Ordinance for PUD District Review on 2.4 acres and Zoning District Amendment in the C-Reg-Ser District on 2.4 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Resolution for Site Plan Review 2. Ordinance for PUD District Review and Zoning District Amendment 3. Developer's Agreement I HOMESTEAD VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HOMESTEAD VILLAGE BY HOMESTEAD VILLAGE,INC. WHEREAS, Homestead Village,Inc. has applied for Site Plan approval of Homestead Village on 2.4 acres for construction of a 97 unit hotel located at Technology Drive and Highway 212,to be zoned within the C-Reg-Ser District by an Ordinance adopted by the City Council on May 20, 1997; and, WHEREAS,the Planning Commission reviewed said application at a public hearing at its April 28, 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 May 20, 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 Homestead Village,Inc. for the construction of a 97 unit hotel, based on plans dated May 13, 1997,between Homestead Village, Inc., and the City of Eden Prairie. ADOPTED by the City Council on June 17, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2 HOMESTEAD VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 29-97-PUD-19-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the C-Reg-Ser District 29-97-PUD-19-97 (hereinafter "PUD-19-97-C-Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 17, 1997, entered into between Homestead Village, Inc. and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-19-97-C-Reg- Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-19-97-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-19-97-C-Reg-Ser is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-19-97-C-Reg-Ser are justified by the design of the development described therein. D. PUD-19-97-C-Reg-Ser is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the C- Reg-Ser District and shall be included hereafter in the Planned Unit Development 19-97-C-Reg-Ser, 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 20th day of May, 1997, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of June, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on y HOMESTEAD VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 29-97-PUD-19-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows the amending of land located at Technology Drive and Highway 212, within the C-Reg-Ser District on 2.4 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 Homestead Village Lot Two (2), Block One (1), Anderson's Idleview, According to the Plat thereof on file or of record in the Office of the Registrar of Titles, Hennepin County, Minnesota. • CQ DEVELOPER'S AGREEMENT HOMESTEAD VILLAGE THIS AGREEMENT,made and entered into as of June 17, 1997, by Homestead Village Incorporated, a Maryland Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for PUD Concept Review on 11.5 acres, PUD District Review on 11.5 acres,Zoning District Change from Rural to Office on 2.4 acres and Site Plan Review on 2.4 acres situated in Hennepin County, State of Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Resolution No. 97/O/ PUD Concept Review, Ordinance No.029-97 for PUD District Review and Zoning District Change, Resolution No. for Site Plan Review, and. Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials submitted by Developer dated N1a 133 /99 7 ,reviewed and approved by the City Council on May 20, 1917, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of 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 utility plan prior to occupancy 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 wails identified on the grading plan in Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. 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,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 written 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, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation of the approved plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 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 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. 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 `7 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. 11. SITE LIGHTING: Prior to building permii 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 30 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 Fuddruckers, 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, or the Office/Registrar of Titles' Office, if the Property is Torrens. 13. TRAIL EASEMENT: Prior to building permit issuance, Developer shall submit to the Director of Parks and Recreation and receive the Director of Parks and Recreation written approval of a trail easement over the trail shown on Exhibit B, attached hereto. 14. PUD WAIVERS GRANTED: To the extent depicted in Exhibit B, City hereby grants the following waivers to City Code requirements within the Commercial District through the Planned Unit Development District Review for the Property, and incorporates said waivers as part of PUD -/9-9'7 A. Shoreland lot size from 10 to 2.4 acres. B. Shoreland building setback from 200 to 50 feet. C. Shoreland parking setback from 100 to 37 feet. D. Shoreland impervious surface from 35%to 60%. E. Floor area ratio from .40 to .47. I0 F. Parking setback from 35 to 10 feet along Technology Drive. G. Zero lot line setback to parking. I) OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN HOMESTEAD VILLAGE INCORPORATED AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of June 17, 1997 by and between , Craig Oberlander, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No.j--17 amending the zoning of the Property owned by Owner in the Commercial Regional Service Zoning District, and Resolution No. for Site Plan Review as more fully described in that certain Developer's Agreement entered into as of June 17, 1997, by and between Homestead Village Incorporated, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Homestead Village Incorporated, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the City's reconsideration and rescission of the Planned Unit Development, Zoning Amendment, and Site Plan Review,thus restoring the existing status of the property before this project was approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. DATE: 06/17/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: rY SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 94-5344 Engineering Division Shady Oak Road and Highway 212 Improvements Jim Richardson Right-of-Way Acquisition for State Project No. 2763-35 Recommended Action: Certification of resolution informing MnDOT that the City of Eden Prairie has letter of intent from property owners dedicating right-of-way after actual construction. Primary Issues: To minimize right-of-way dedication because of impacts to set back regulations on commercial property, the property owner will dedicate only that portion needed for street improvement. The city will use a permanent easement for the future walkway construction. Financial Issues: The property owner has offered the property at no cost to do the improvement. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. SHADY OAK ROAD AND FLYING CLOUD DRIVE RIGHT-OF-WAY ACQUISITION I.C. 94-5344 WHEREAS, the City of Eden Prairie Engineering Department has acquired right- of-way and construction easements for the improvements. NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie agrees to give the right to use said right-of-ways and construction easements to Hennepin County and its contractor for State Project No. 2763-35 and City Project No. 94- 5344 within its corporate limits. ADOPTED by the Eden Prairie City Council on June 17, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk 2 DATE: 06/17/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: -n�I ` SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 97-5438 Engineering Division Award Contract for Temporary Traffic Signals at CSAH 1 (Pioneer Trail) Rodney W. Rue and CSAH 4 (Spring Road)/Mitchell Road Recommended Action: Approve resolution awarding contract for temporary traffic signals at the CSAH 1 (Pioneer Trail) and CSAH 4 (Spring Road)/Mitchell Road intersection. Primary Issues: Hennepin County has prepared construction plans for the installation of a temporary signal system at this intersection. Westwood Professional Services has prepared the necessary bidding documents to relocate the existing traffic signal system from the Prairie Center Drive and Technology Drive intersection to this new location. Financial Issues: Three bids were received for this work with the lowest bid received from ColliSys at $39,454.00. This bid is approximately 12% below the engineer's estimate of$45,000.00. We propose to use State Aid funds to finance this entire project. We hereby recommend awarding the contract for the installation of this temporary traffic signal system to Collisys in the amount of $39,454.00. l CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 97-5438 -- Temporary Traffic Signals at CSAH 1 (Pioneer Trail) and CSAH 4 (Spring Road)/Mitchell Road bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to ColliSys as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Collisys, in the name of the City of Eden Prairie in the amount of $39,454.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 17, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk 2 Westwood Professional Services,Inc. 14180 West Highway 5 Eden Prairie,MN 55344 June 5, 1997 Phone:612-937-5150 Fax:612-937-5822 Toll Free:1-888-937-5150 Email:wps@westwoodps.com Mr.Rodney W.Rue,P.E. Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: Award of Contract Traffic Control Signal System Pioneer Trail and Spring Road/Mitchell Road City Project No.I.C.97-5438 Dear Mr.Rue: On June 5 1997,at 10:00 a.m.,three bids were received and opened for the above referenced project. We have reviewed the bids submitted to the City of Eden Prairie and determined that ColliSys(Collins l,�Nons Electrical Systems,Inc.)has submitted the lowest responsible bid. 3 iLJaq� The following summary is provided: Js�h NN���QS Engineer's Estimate $45,000.00 ColliSys $39,454.00 Egan McKay,Inca $51,990.00 Ridgedale Electric,Inc. $53,872.00 The ColliSys bid is approximately 12.3%below the Engineer's Estimate for the project. We recommend that the City award the project to ColliSys in accordance with their proposal form. Respectfully submitted, WESTWOOD PROFESSIONAL SERVICES,INC. 000a vl 5. atetn. Allan S.Klugman,P.E. Principal Transportation Engineer 3 DATE: 06/17/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: TV SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 97-5436 Engineering Division Award of Two New 1997 16' Hydrostatic Mowers Mary Krause Recommended Action: Award of I.C. 97-5436 1997 Hydrostatic Mowers to Minnesota Toro (MTI) in the amount of $114,402.30 as the qualified low bidder. Overview: Two bids were received and opened on June 5, 1997 as follows: Minnesota Toro $114,402.30 Tri-State Turf& Irrigation $123,753.00 Two other suppliers held specifications but did not submit a bid. Both bidders bid on the same machine which met all specifications. An older Toro model mower will be traded in as part of the contract. Financial Issues: The budget amount for the mowers is $122,060.00 under budget number 4540-5138-111. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 97-5436 - Two New 1997 16' Hydrostatic Mowers bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to Minnesota Toro (MTI) as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Minnesota Toro (MTI), in the name of the City of Eden Prairie in the amount of $114,402.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 17, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk Z CITY COUNCIL AGENDA DATE: June 17, 1997 SECTION: Consent DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development CALLING FOR A PUBLIC Chris Enger HEARING AUGUST 5, 1997 TO I V. David Lindahl CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIF) DISTRICT Requested Council Action: Approve Resolution calling for a public hearing August 5, 1997 to consider establishing a Tax Increment Financing (TIF) District. The purpose of the proposed TIF District is to help finance the construction of a 32-unit moderate-cost rental townhouse project on a site at the southeast corner of Mitchell Road and Valley View Road, across from the PDQ Store. State law requires that before a public hearing is held to establish a TIF District a resolution must first be passed by the City Council for the hearing. Background: City staff has been working with developer Jim Deanovic over the past few months on a 32-unit townhouse proposal very similar to the Columbine project approved by the City Council in early 1996. The project will be affordable to low and moderate income families and will help the City meets its Livable Communities Goals for 1997. The City is being asked to provide TIF and CDBG financing to help make the rents affordable. Details of the TIF plan will be presented to the City Council/HRA on August 5, 1997. Supporting Information: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON APPROVAL OF A PROJECT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 6 IN AND FOR THE CITY OF EDEN PRAIRIE AND ON APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (QUALIFIED HOUSING)DISTRICT NO. 14 BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: 1. Proposed Project Plan and Financing Plan, The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "HRA") has prepared, and will present to the City for approval, a redevelopment plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as the Project Plan(the "Project Plan")for Redevelopment Project Area No. 4 (the "Project Area"), and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statues, Section 469.002, subdivision 14 (the "Redevelopment Project"). In order to finance the public redevelopment costs to be incurred in connection with the Project Plan and the Redevelopment Project, the HRA has prepared, and will present,to the City for approval, a tax increment financing plan (the "Financing Plan"), which establishes a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9, designated as Tax Increment Financing (Qualified Housing) District No. 14 within the Project Area. It has been proposed that the Board of Commissioners of the HRA and the City Council approve the Project Plan and Financing Plan, and that this Council hold a public hearing on the Project Plan and Financing Plan as required by Minnesota Statutes, Sections 469.028 and 469.175, subdivision 3. 2. Public Hearing, A public hearing is hereby scheduled to be held on the Project Plan and Financing Plan at 7:30 p.m. on August 5, 1997,in the Council Chambers of the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota. The Finance Director/Clerk is hereby authorized and directed to cause notice of such public hearing in substantially the form of Exhibit A hereto to be published in the official newspaper of the City not less than 10 days prior to the date of the hearing, and to provide the information required by Minnesota Statutes, Section 469.175, subdivision 2 to the appropriate governmental bodies. ADOPTED by the City Council on June 17, 1997. ATTEST: Jean L. Harris, Mayor John D. Frane, Finance Director/Clerk 2 EXHIBIT A NOTICE OF PUBLIC HEARING ON APPROVAL OF A PROJECT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 6 IN AND FOR THE CITY OF EDEN PRAIRIE AND ON APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (QUALIFIED HOUSING) DISTRICT NO. 14 OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie will hold a public hearing on approval of the Project Plan (the Project Plan) for Redevelopment Project Area No.6 (the Project Area) and approval of a Tax Increment Financing Plan(the Financing Plan)for Tax Increment Financing (Qualified Housing) District No. 14 (the Financing District) of the Housing and Redevelopment Authority of the City of Eden Prairie (the HRA) at 7:30 p.m. on Tuesday, August 5, 1997, in the City Council Chambers, 8080 Mitchell Road, Eden Prairie, Minnesota. The Project Plan and Financing Plan provide for the financing with tax increment revenue generated by the Financing District established by the Financing Plan of certain public redevelopment costs to be incurred by the HRA or the City in connection with carrying out the Project Plan for the Project Area. Accompanying this notice is a map of a portion of the City. The map shows the area encompassed by the Project Area and the Financing District from which tax increment may be collected pursuant to the Financing Plan and the area in which such tax increment may be expended. All who wish to be heard as to the Project Plan and Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the Finance Director/Clerk prior to the public hearing. John Frane, Finance Director/Clerk 3 CITY COUNCIL AGENDA Date: June 17, 1997 Section: Consent Calendar Department: PRNR Item Description: Request from Forest Elementary Item No.: Di i Bob Lambert, Director for Permission to Install Boardwalk Trail RECOMMENDATION: City staff recommends approval of the request from Forest Hills Elementary School to install a boardwalk on part of the "Wetland Woods Walking Trail." BACKGROUND: Staff at Forest Hills Elementary School have been working with the City of Eden Prairie and with the Nine-Mile Creek Watershed District over several years to plan and develop a walking trail through the wetland area within Forest Hills School Park. The wetland woods walking trail has been developed by students, Boy Scouts, and school staff and is utilized for outdoor education programs. The majority of the trail is a woodchip trail; however, there are portions of trail that require a boardwalk, especially during the spring or after heavy rains. The boardwalk will be purchased by the PTO and installed by the Twin Cities Tree Trust. Attached for your review is a request from Connie Hytjan, Principal at Forest Hills Elementary School, and Michael Boland, a parent volunteer, requesting City approval of this project. June2.memo/Bob97 I ■ District 272 / • Forest Hills Elementary School 13708 Holly Road EDEN PRAIRIE SCHOOLS Eden Prairie, MN 55346-2805 Telephone: (612) 975-8600 FAX: (612) 975-8620 May 20, 1997 The Honorable Jean Harris Mayor City of Eden Prairie Dear Ms. Harris: I would respectfully ask the City's permission to install a Board-walk on parts of the Wetland Woods Walking Trail. The Wetland Woods Walking Trail at Forest Hills Elementary has been a great success for students and neighborhood residents alike, since its inception five years ago. The trail is being used in conjunction with educational resources as a"hands on" outdoor laboratory for the elementary students and by many of the neighborhood residents for recreational fun and sightseeing. In an effort to improve the trail and its curriculum, twenty learning stations and an outdoor classroom were added to the trail in the fall of 1996. Unfortunately, many classes are being forced to shorten or cancel their trail visits because of excessive wetness on the north end of the trail. Working with the PTO, Nine Mile Watershed Management District, Twin Cities Tree Trust and Eden Prairie Parks and Recreation Department we have developed a plan to install pre-fabricated plastic board-walk over the wettest areas of the trail. The PTO and The Watershed District have provided some funding for the project and Tree Trust will install the board-walk at no cost. The board-walk consists of foam filled recycled textured plastic and comes in 3 1/2' X 5' sections that cost$165 each. We currently have funding to install 35-40 feet of board-walk over the wettest part of the trail. We hope to begin the installation in mid-August. Please call Michael Boland with any questions you have on this project at 934-7279, and thank you for your help and support of this project. Sincerely, FOREST HILLS ELEMENTARY • Ms. Connie Hytjan Mr. Michael Boland Principal Parent Volunteer 2 CITY COUNCIL AGENDA Date: June 17, 1997 Section: Consent Calendar Department: PRNR Item Description: Request from Doug and Sue Item No.: Bob Lambert, Director Heyvaert to Extend Water to the Equestrian Arena in Riley Lake Park The City has received a letter from Doug and Susan Heyvaert requesting the city extend water from the existing hydrant on the Riley/Jacques site to the riding arena. The estimated cost for extending water service from the hydrant to the arena is $2,500. They would like water at this site in order to provide dust control when they are having events at this site and for the purpose of providing water for horses at the site. RECOMMENDATION: The staff recommends approval of the request to extend water to the site and provide a drinking fountain with a hose bib that will allow connecting a water hose for the purpose of filling water troughs for horses, as well watering down the arena on extremely dry days. Funding for this project will come from cash park fees. BL:mdd Heyvaert.memo 1 Unapproved Minutes Parks, Recreation and Natural Resources Monday,June 2, 1997 IV. PETITIONS.REQUESTS AND COMMUNICATIONS A. Request from Eden Prairie Soccer Association to Place Storage Trailer at Miller Park Staff referred the Commission to a memo dated May 20, 1997, from Bob Lambert, Director of Parks,Recreation and Natural Resources; and a letter dated May 19, 1997, from Rick LaMothe, Concession Coordinator. Lambert indicated the Soccer Club has requested to place a storage trailer from June 26 to July 13 at Miller Park in order to provide for secured concessions. The City does not ordinarily approve these kinds of things to be stored overnight on park property; however, until the City is able to provide concession/storage buildings for the various facilities in Miller Park, the City will have to accommodate association requests. Staff recommended approval of the request. MOTION: Hilgeman moved, seconded by Koenig, to approve the request for the Eden Prairie Soccer Club to place a temporary storage trailer at Miller park per the memo of May 20, 1997. Motion carried 6-0. B. Request to Extend Water Service to Equestrian Arena at Riley Lake Park Staff referred the Commission to a memo dated May 29, 1997 from Bob Lambert, Director of Parks,Recreation and Natural Resources. Lambert indicated the Heyvaerts have requested the City extend water from the existing hydrant on the Riley/Jacques site to the riding arena. The estimated cost for extending water service from the hydrant to the arena is $2,500. They would like water at this site in order to provide dust control when they are having events at this site and for the purpose of providing water for horses at the site. Staff recommended approval of the request to extend water to the site and provide a drinking fountain with a hose bib that will allow connecting a water hose for the purpose of filling water troughs for horses, as well as watering down the arena on extremely dry days. This would be put in during the summer. 2 Unapproved Minutes Parks, Recreation and Natural Resources Monday,June 2, 1997 Hilgeman asked where the money would be coming from. Lambert replied cash park fees. Koenig asked if there was any chance the Heyvaerts would donate the money. Lambert said they did not offer. Jacobson asked if this hydrant and pipeline are going to be permanent. Lambert said yes and explained where the pipeline would run. The hydrant will be placed in a location where no matter what's going to happen on that site, it will be utilized. It is an historic site and there will be programs taking place so it would always be good to have a few drinking fountains on that site. It will be within approximately 40 feet of the barn, 120 feet from the house. • Hilgeman commented when the Heyvaerts first came to the City about their proposal to help relocate the arena, they indicated they would need water there at some point. MOTION: Wilson moved, seconded by Hilgeman, to accept staffs recommendation to put in appropriate water service to the arena at the Riley/Jacques site. Motion carried 6-0. C. Request from Soccer Club to Extend the 10:00 p.m., Light Usage at Miller Park for Two Weekends Staff referred the Commission to a memo dated May 29, 1997 from Bob Lambert, Director of Parks, Recreation and Natural Resources; and a letter dated May 29, 1997 from Rick Baredziak, Eden Prairie Soccer Club. Lambert explained the request from the Soccer Club is to allow them to extend the lights at the park for any game that might be delayed due to injury or rain beyond 10:00 p.m. He indicated to them that the City does not support the request. When the park and lights were put in, the City made a commitment to the residents around the park that those lights would be off at 10:00. Staff told the residents to expect requests from the different athletic associations for one reason or another. During the first year of the park usage the Softball Association held a national tournament and the City granted a "one time" temporary extension to be allowed if games ran over due to rain, delays, injuries, etc. This was 3 CITY COUNCIL AGENDA DATE: SECTION: Consent June 10, 1997 SOUTHWEST METRO ITEM DESCRIPTION: ITEM NO. TRANSIT COMMISSION Participation in Local Levy Transit IV K • • Option for 1998 EXECUTIVE SUMMARY: According to statute,each year, SMTC must request that its three service communities participate in the Local Levy Transit Option which provides that the City,instead of the Metropolitan Council, levy the transit tax for its property owners. Regardless of the amount levied by the City for transit purposes, SMTC agrees that its budget and spending will remain within the limits set by the levy. After approval by Eden Prairie and the other two cities, SMTC will notify the Metropolitan Council and the Commissioner of Revenue of the intent of the cities and SMTC to participate in the option. The deadline for that notification is June 30. BACKGROUND: The adoption of the resolution sets a maximum transit levy amount for the City of Eden Prairie to levy its property owners. As with the city's process, this is not necessarily a final levy number, but a maximum amount which will not be exceeded for 1998. Meetings were held with the three City Managers to discuss the levy in greater detail. These discussions will help SMTC to reach more decisive numbers for 1998 budget planning purposes. Of course,detailed budgets will be completed in tandem with the City's processes and presented for Council review. It should be noted that,in the event the City does not levy the transit tax, the Metropolitan Council will levy the transit tax. The result would be less control of the transit service provided to the residents and businesses of this area, as well as loss of local control over the agency's budget and funding. There would be no decrease in the levy amount to property owners. BUDGET IMPACT: This action will not impact the local budget for the City of Eden Prairie. REOUESTED ACTION: That the Eden Prairie City Council adopt the resolution declaring its intent to exercise the Local Transit Levy Option for Taxes in 1998. CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN RESOLUTION NO. DECLARING INTENT TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES IN 1998 WHEREAS,Laws of Minnesota for 1996, Chapter 455, Section 4 (the"Local Levy Option Act"), allows the Cities of Eden Prairie, Chanhassen, and Chaska, to make a local transit tax levy in lieu of receiving assistance from the Metropolitan Council under Minnesota Statutes, Section 473.388, subdivision 4; and, WHEREAS, said local transit levy will replace a similar transit tax levy which would otherwise be made by the Metropolitan Council; and, WHEREAS,in order to effectively exercise the local transit tax levy option, it is necessary that each of the Cities of Eden Prairie, Chanhassen, and Chaska,notify the State Commissioner of Revenue and the Metropolitan Council of its intent to levy the taxes before July 1 of each levy year and to include in the notification the amount of the City's proposed transit tax for the levy year; and, WHEREAS,it is in the best interest of the City of Eden Prairie that it declare its intent to exercise the local transit levy option for taxes payable in 1998. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie as follows: 1. The City hereby declares its intent to exercise the local transit tax levy option for taxes payable in 1998 as permitted by Local Levy Option Act and as certified by the State Commissioner of Revenue in accordance therewith. 2. The City Manager is authorized and directed to give the State Commissioner of Revenue and the Metropolitan Council of the City's intent to exercise the local transit tax option for taxes payable in 1998 in accordance with the notice attached hereto as Exhibit A and incorporated herein by reference. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 1997. Jean Harris, Mayor ATTEST: John Frane, City Clerk EXHIBIT A NOTICE OF INTENT TO EXERCISE LOCAL TRANSIT TAX LEVY OPTION FOR TAXES PAYABLE IN 1998 The State Commissioner of Revenue and the Metropolitan Council are hereby notified that the City of Eden Prairie, Minnesota, intends to exercise the local transit tax levy option for taxes levied in 1997 and payable in 1998 pursuant to Laws of Minnesota for 1996, Chapter 455, Section 4. The proposed amount of the City's transit tax for the 1997 levy year is $2,772,442, or the 1997 Transit Levy Amount multiplied by the Maximum Levy Limit for the City of Eden Prairie (i.e. $2,476,684 multiplied by the 1997 Maximum Levy Limit for the City of Eden Prairie), whichever is less. By order of the City Council of the City of Eden Prairie. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-17-97 SECTION: PUBLIC HEARINGS 1' AITEM NO. V1 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger VILLAS AT MITCHELL LAKE Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Adopt the Resolution for PUD Concept Review on 9.64 acres; 3. Adopt the Resolution for Preliminary Plat on 9.64 acres into 24 lots; 4. Approve 1st Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to R1-9.5 on 9.64 acres; 5. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: This is a 24 unit, small lot single family subdivision. The clustering of houses has the following benefits: 1. The 18%tree loss is less than the 30% average tree loss for residential projects. 2. The project meets shore land ordinance requirements. This creates a 150 foot wooded buffer zone between the homes and the lake. 3. The site preserves recommended areas of historical and cultural significance. Planning Commission Recommendation: The Planning Commission voted 5-0 to approve the project with the following conditions: 1. The development shall have one dock, 75 feet long and 450 square feet. 2. The proposed fence along the east property line must be set back at least 75 feet from the lake. Parks and Recreation Commission Recommendation: The Parks and Recreation Commission voted 6-0 on June 2, 1997 to approve the project. Supporting Reports: 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff Report dated 5-23-97 4. Planning Commission Minutes dated May 27, 1997 5. Correspondence 2 VILLAS AT MITCHELL LAKE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF VILLAS AT MITCHELL LAKE FOR HARTFORD CAPITAL CORPORATION 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 Villas at Mitchell Lake PUD Concept by Hartford Capital Corporation 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 17, 1997; NOW,THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Villas at Mitchell Lake, 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 June 9, 1997. 3. That the PUD Concept meets the recommendations of the Planning Commission dated May 27, 1997. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk Exhibit A Legal Description Villas at Mitchell Lake LEGAL DESCRIPTION That part of Government Lot 1, Section 8, and that port of Government Lot 1 , Section 17, all in Township 116 North, Range 22, West of the 5th Principal Meridian, described as beginning at a point on the north line of said Government Lot 1 , Section 17, distant 1712.00 feet west of the northeast corner of said Government Lot 1 , Section 17: thence north at right angles to said north line a distance of 177. 75 feet to the southerly right of way line of State Trunk Highway No. 5 as described in Final Certificate Document No. 5842275: thence west along said southerly right of way line to the west line of said Government Lot 1 , Section 8; thence south along said west line to the shore of Mitchell Lake, said line passing through o judicial landmark set 62.34 feet south of the meander corner on the west line of sold Lot 1 ; thence southeasterly along said shore to its intersection with a line drown south at right angles to the north line of said Government Lot 1, Section 17, from the point of beginning; said line passing through a judicial landmark set 409.42 feet south of the point of beginning; thence north to the point of beginning, according to the Government Survey thereof. TOTAL AREA 9.64 AC +/— L VILLAS AT MITCHELL LAKE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAS AT MITCHELL LAKE FOR HARTFORD CAPITAL CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Villas at Mitchell Lake for Hartford Capital Corporation dated June 9, 1997, consisting of 9.64 acres into 24 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of June, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk S STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: May 23, 1997 SUBJECT: Villas at Mitchell Lake APPLICANT: Jack Brandt OWNER: Eames Estate LOCATION: Terry Pine Drive and HWY 5 REQUEST: 1. 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L.? 3 •:•.•:•-: :::. ::•: : : : : : : : : : ... 3.' :•:•:•:•:•:•: •::::::::::::: :::::::2r- Np' T . . . . . . . . . . . . .•.• Af.:-/ ... 4.„ ,...-V•t ;,-141c. ..•.. . . . .•.•••••••.•..• • •.• . ........ . . .......... ... ad ha ,._R PARK _ ilap liii4* -i. •:-.•:•:•:•: •:::•: : :-:•: : . . . . . . . . . . . . •.•.•.•. . . . • • PARK vrAY cz\\ )n---------- .."- --- Staff Report Villas at Mitchell Lake May 23, 1997 BACKGROUND: The site is currently guided low density residential for up to 2.5 units per acre. The site is currently zoned R1-22. SITE PLAN The site plan shows the subdivision of 9.64 acres into 24 lots at a density of 2.49 units per acre. The R1-9.5 zoning district is proposed. To approve the plan as proposed the Planning Commission must determine if the plan meets the purpose of a planned unit development as defined by City code. The purpose of a planned unit development is to encourage a more creative and efficient approach to the use of land,to allow variety in the types of development available, encourage a more efficient allocation and maintenance of common open space through density transfer, and provide for greater flexibility and creativity in environmental design than is possible under the strict application of the city code, while preserving the health, safety, order, convenience, prosperity and general welfare of the City. This suggests a balance between the benefits of the development versus the impacts of the development on the site and the surrounding neighborhood. The benefits to the plan are: 1. The 18%tree loss is less than the 30% average tree loss for residential projects. 2. The project meets shore land ordinance requirements. This creates a 150 feet wooded buffer zone between the homes and the lake. 3. The site preserves recommended areas of historical and cultural significance. The impacts of the plan are: 1. The project will have a visual impact on the lake. This is mitigated by the preservation of existing trees in a 150 conservation zone along the entire edge of the lake. 2. The project will increase boat usage of the lake and add two docks. The staff recommends one dock with 12 slips. This reduces the impact on the lake. 2 Staff Report Villas at Mitchell Lake May 23, 1997 3. The plan can impact the water quality of the lake. This is mitigated by providing the required storm water treatment pond which removes dirt, debris and pollutants before draining into the lake. 4. The plan will increase traffic on Terry Pine Drive. The approved Transportation Plan for the City estimated traffic based on 2.5 units per acre,or a total of 250 daily trips. The memo from Alan Gray, City Engineer, indicates that the traffic from the project would be 200 daily trips and that Terry Pine Drive is built to accomodate this traffic. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers in the R1-9.5 zoning district. 1. Lot size less than 9,500 square feet. 2. Lot width less than 70 feet The Planning Commission must determine if the granting of the waivers results in a better environmental design than if no waivers were granting. Reasons to consider the waivers are as follows: 1. The 18%tree loss is less than the 30% average tree loss for residential projects. 2. The project meets shore land ordinance requirements. This creates a 150 feet wooded buffer zone between the units and the lake. 3. The site preserves recommended areas of historical and cultural significance. 4. The plan provides a housing type needed in the community. 4. The equivalent land area per unit is 16,462 square feet. This is greater than the minimum lot size of 9,500 square feet for the proposed zoning district. SHORE LAND ORDINANCE: Since the units are located 150 feet away from the lake, the shore land ordinance lot sizes do not apply. 3 1 Staff Report Villas at Mitchell Lake May 23, 1997 HISTORIC SITES: The attached memo from Christina Harrison indicates there are three areas of historic and cultural significance. The Heritage Preservation Commission recommends that sites 1 and 2 be preserved. These areas are located within a proposed conservation easement to the City. GRADING AND TREE LOSS: There are 2,624 caliper inches of significant trees on the property. The majority of the trees are oak. The site contains many specimen trees, most of which are protected by the proposed conservation easement along the lake. Tree loss is calculated at 18% or 461 inches. This compares to the average tree loss of 30% for residential projects. The required tree replacement is 110 diameter inches. ARCHITECTURE: The buildings meet the architectural diversity policy in the R1-9.5 zoning district for no two units alike, side by side, opposite, or diagonal across from each other. Four different building elevations are proposed. LANDSCAPING: The amount of landscaping required is based on a tree replacement plan for 110 inches. The landscaping plan meets this requirement. UTILITIES AND DRAINAGE: Water is available in Terry Pine Drive. Sewer is located 1300 feet to the east of this site. The developer proposes to pay for the cost of extending the sewer to the site. A NURP pond is shown on the plan. BOAT DOCKS: The City Code allows one dock up to 75 feet in length and a maximum area of 450 square feet for each abutting lot. The common outlot, to be owned by the association, is an abutting lot. The plan should be revised to eliminate one of the docks shown on the plan. 4 16 Staff Report Villas at Mitchell Lake May 23, 1997 STAFF RECOMMENDATIONS: The staff recommends approval of the Planned Unit Development Concept Review, Planned Unit Development District Review, Zoning District Change from R1-22 to R1-9.5, and Preliminary Plat, based on plans dated May 23, 1997, and subject to the recommendations of the staff report dated May 23, 1997 , and subject to the following conditions: 1. Prior to final plat approval, the proponent will: A. Submit detailed storm water runoff,utility and erosion control plans for review by the Watershed District. B. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer. 2. Prior to Building Permit issuance, the proponent will: 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 will 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 R1-9.5 Zoning District: A. Lot size less than 9,500 square feet. B. Lot width less than 70 feet • - MEMORANDUM - TO: Mike Franzen, Senior Planner FROM: Alan D. Gray, City Engineer DATE: May 16, 1997 SUBJECT: Terrey Pine Traffic The Planning Commission will be reviewing the proposed Villas of Mitchell Lake project which consists of 24 townhomes, located north of Mitchell Lake and taking access to the west end of Terrey Pine Drive. Current residents along Terrey Pine Drive have voiced traffic concerns. The current traffic on Terrey Pine Drive and anticipated impact by construction of the Villas of Mitchell Lake may be summarized as follows: 1. Traffic counters were placed on Terrey Pine Drive west of Terrey Pine Court the week of May 15, 1997. Current traffic appears to average approximately 650 vehicles per day. There is a slightly higher eastbound volume than westbound. 2. The proposed Villas of Mitchell Lake are anticipated to generate approximately 200 trips per day. Since this project accesses Terrey Pine Drive at the west end very near its intersection with TH 5, we expect that trips will be split somewhat evenly between TH 5 and Terrey Pine Drive. The Villas of Mitchell Lake project should add approximately 100-120 trips per day, raising the average traffic volume on Terrey Pine Drive to 750-780 vehicles per day. 3. It is currently difficult to make left turns onto CSAH 4 from Terrey Pine Drive. A signal will be added to this intersection with improvements to CSAH 4, which are scheduled to be bid by Hennepin County later this summer. With the construction of the Villas of Mitchell Lake and other additions to underdeveloped properties along Terrey Pine Drive, traffic volumes at the easterly and of the residential neighborhoods should remain below 1,000 vehicles per day. This is lower than many other residential streets in Eden Prairie, such as Village Woods Drive, Hames Way, or Evener Way. The addition of a signal at Terrey Pine Drive and CSAH 4 should result in safer and more convenient access from the neighborhood. CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works �� CITY OF EDEN PRAIRIE PUBLIC WORKS DEPT. ENGINEERING DIVISION 05-15-1997 Volume by Lane Report - D0512003 .PRN 14 : 43 Pg 1 Sta: 000000017003 Id: 000000000000 CId: 01 Fmt: 600 Int : 60 Min. Start : Mon - May 12 , 1997 at 11 : 00 End: Mon - May 12 , 1997 at 24 : 00 City/Town: Eden Prairie County: HENNEPIN, MINNESOTA Location: Terrey Pine Dr. W. of Terrey Pine Ct . File : D0512003 . PRN Lnl-East Ln2-West Mon - May 12 , 1997 Lane 1 2 Total 12 : 00 19 52 71 13 : 00 16 13 29 14 : 00 9 9 18 15 : 00 15 13 28 16 : 00 13 16 29 17 : 00 28 28 56 13 : 00 18 18 36 19 : 00 18 18 36 20 : 00 10 16 26 21 : 00 9 9 18 22 : 00 2 4 6 23 : 00 6 8 14 24 : 00 3 3 6 Daily Totals 166 207 373 CITY OF EDEN PRAIRIE PUBLIC WORKS DEPT . ENGINEERING DIVISION 05-15-1997 Volume by Lane Report - D0512003 . PRN 14 : 43 Pg 2 Station Data Summary Lane 1 2 Total Grand Totals 166 207 373 Percentages 44 . 50 55 . 50 Am/Pm Peak Hour Totals Lane 1 2 Total Am Hour 11-12 19 52 71 Percentages 11 . 45 25 . 12 19 . 03 Pm Hour 16-17 28 28 56 Percentages 16 . 87 13 . 53 15 . 01 1 �� s'. CITY OF EDEN PRAIRIE \\ �0 PUBLIC WORKS DEPT. ENGINEERING DIVISION \ -1997 Volume by Lane Report - D0514002 .PRN 14 :44 Pg 1 : 000000017003 Id: 000000000000 CId: 01 Fmt : 600 Int : 60 Min. art : Wed - May 14 , 1997 at 00 : 00 End: Wed - May 14 , 1997 at 11 : 49 ity/Town: Eden Prairie County: HENNEPIN, MINNESOTA Location: Terrey Pine Dr. W. of Terrey Pine Ct . File : D0514002 .PRN Lnl-East Ln2-West Wed - May 14 , 1997 Lane 1 2 Total 01 : 00 2 2 4 02 : 00 2 2 4 03 :00 1 1 2 04 : 00 0 0 0 05 : 00 3 2 5 06 : 00 9 4 13 07 : 00 19 6 25 08 : 00 55 16 71 09 : 00 26 13 39 10 : 00 17 23 40 11 : 00 4 7 11 CITY OF EDEN PRAIRIE PUBLIC WORKS DEPT . ENGINEERING DIVISION 05-15-1997 Volume by Lane Report - D0514002 .PRN 14 : 45 Pg 2 Station Data Summary Lane 1 2 Total Grand Totals 138 76 214 Percentages 64 . 49 35 . 51 Am/Pm Peak Hour Totals Lane 1 2 Total An Hour 7-8 55 16 71 Percentages 39 . 86 21 . 05 33 . 18 Pm Hour None CITY OF EDEN PRAIRIE PUBLIC WORKS DEPT. ENGINEERING DIVISION -1997 Volume by Lane Report - D0513002 .PRN 14 : 38 Pg 1 000000017003 Id: 000000000000 CId: 01 Fmt : 600 Int : 60 Min. art : Tue - May 13 , 1997 at 00 : 00 End: Tue - May 13 , 1997 at 24 : 00 lty/Town: Eden Prairie County: HENNEPIN, MINNESOTA Location: Terrey Pine Dr. W. of Terrey Pine Ct . File : D0513002 . PRN Lnl-East Ln2-West Tue - May 13 , 1997 Lane 1 2 Total 01 : 00 5 2 7 02 : 00 3 2 5 03 : 00 3 3 6 04 : 00 0 1 1 05 : 00 4 0 4 06 : 00 5 1 6 07 : 00 23 5 28 08 : 00 170 10 180 09 : 00 16 7 23 10 : 00 20 12 32 11 : 00 7 8 15 12 : 00 11 9 20 13 : 00 20 14 34 14 : 00 8 6 14 15 : 00 11 9 20 16 : CO 19 17 36 17 : 00 28 39 67 13 : 00 12 34 46 19 : 00 16 19 35 20 : 00 15 20 35 21 : 00 10 12 22 22 : 00 5 11 16 23 : 00 5 9 14 24 : 00 7 3 10 Daily Totals 423 253 676 I ' HERITAGE PRESERVATION COMMISSION April 19, 1997 Page 5 VIE. NEW BUSINESS A. Eames Archeology Site Preliminary Report Jack Brandt was present regarding the proposed "Villas at Mitchell Lake" development. Gertz commented that when they started reviewing the site they had only identified one historic site and now they have found two more sites on the property. They are concerned about sites one and two, which are historically important, but site three has been so impacted that it no longer has any historical significance. Site one has potential for consideration for the National Historic Register and site two could be preserved for historical significance. Sites one and two are within the protected area surrounding the lake. Brandt stated they have revised the site plan and the pond is now gone. They have separated the building development from the site itself. They have a full report which has been submitted to their attorneys Larkin Hoffman, Daly & Lindgren, which will be submitted to Mike Franzen in the Planning Department tomorrow. Case asked about the existing house on the site and Brandt responded that it would be removed if the development proceeds. They have modified the plans to preserve trees and there are many improvements to the project. It is going to be a single family development with a Homeowner's Association which provides maintenance services. Gertz asked if something could be included that there area tectural features of significance on the site and Brandt responded they could include that verbiage in the Homeowner's Association documents which would alert future homeowners that the sites exist. If it turns out that the pond is still shown on the plans they will make it so the historic site is not impacted. Hession noted that the pond was located within the 150' setback area, and she requested that Christina Harrison be present during site grading to ensure that the historic site is not disturbed or impacted, and that the site be flagged to prevent this. MOTION: Case moved, seconded by Wilson, that the Heritage Preservation Commission would like to follow the recommendations of Christina Harrison, Archeological Research Services, for the"Villas at Mitchell Lake" development with _respect to Eames Sites 1, 2, and 3, and should the pond development occur, Eames Site 2 will be flagged to prevent disturbance. Motion carried 6-0. Gertz stated that Harrison would monitor the site anyway and if the pond is constructed she would be there to both flag it and monitor it to ensure it is not impacted by the construction. Hession stressed that it was most important that the site be preserved in its present condition. B. Discuss with Eden Prairie Arts Commission Representative the Use of Available Space at the Eden Prairie Shopping Center Laurie Helling,Manager of Recreation Services, reviewed the Arts Center Task Force I( Memorandum To: Parks, Recreation and Natural Resources Commission Through: Bob Lambert, Director of Parks, Recreation and Natural Resources From: Stuart A. Fox, vlanager of Parks and Natural Resources Date: May 28, 1997 Subject: Supplemental Staff Report to the May 23, 1997 Planning Staff Report for Villas at Mitchell Lake BACKGROUND: This site is located on the north end of Mitchell Lake and is 9.64 acres in size. It is currently guided for low density residential and the development proposed is for R1-9.5. NATURAL RESOURCE ISSUES: Tree Loss/Replacement The staff has reviewed the proposed grading plan and has calculated that out of the 122 significant trees on the site totaling 2,624 diameter inches that with development the tree loss would be 32 trees at 461 diameter inches, or a tree loss of 18%. Originally, when the development was submitted the proposal was made to relocate a number of conifer species on the site; however, the staff has recommended that this not be done because of the following factors: • Trees are planted very close together limiting the amount of foliage due to crowding. • The diameter of the trees proposed for removal is greater than spade technology. • The ratio of the diameter to the height of the trees is in excess of what is allowed within the ordinance. The trees that would be removed from the site must be mitigated by city ordinance requirements and this would require the planting of 110 caliper inches of trees. The developer has expressed an interest in putting trees of a similar species back into the site; however, at the time of this staff report a complete landscape plan was not available. A significant amount of the large mature trees,will not be impacted by the construction of these housing units due to the shoreland setback required from Mitchell Lake. 167 NURP Pond A NURP pond is scheduled to be constructed to handle storm water runoff prior to entry into Mitchell Lake. A complete review of the sizing and discharge levels is being undertaken by the engineering staff. The developer will be required to complete the NURP pond as per City engineering and Watershed District engineer recommendations, as well as taking proper precautions to prevent erosion during the grading process from entering Mitchell Lake. Sidewalks/Trails The City currently does not have any sidewalks or trails in the vicinity of this project and, therefore, would not require any to be completed concurrent with construction. The developer is proposing an internal sidewalk/trail system that would be maintained by the owner's association and be used exclusively for people living in this subdivision. It would allow them access to the shoreline, as well as the common grounds area of the development. SHORELINE ORDINANCE: All the proposed units are located 150' away from the ordinary high water mark of the lake. The area between the housing units and lakeshore is proposed to be operated as common ground by an association. Since the area has already been used as a lawn area by the former resident of this property,the staff feels that a common ground can be maintained in a manner similar as to what has already occurred. RECOMMENDATION: This project was reviewed by the Planning Commission at its May 27, 1997 meeting and was approved on a 5-0 vote. The staff recommends that this project be approved by the Parks, Recreation and Natural Resources Commission as per the staff recommendations of the May 23, 1997-memo by the planning staff, as well as the supplemental information enclosed in this memo. SAF:mdd Villas/STuart 96 Unapproved Minutes Parks, Recreation and Natural Resources Monday,June 2, 1997 allowed because this was a national tournament that might occur once every five or ten years. This was also granted subject to the Softball Association writing letters to all surrounding property owners, visiting with them and offering them free access to the tournament. The lights never did need to be extended beyond 10:00 p.m. A vast majority of the people in the athletic associations do not understand how strong those people feel about those lights. Wilson asked if the games would just continue the next morning if there is a delay. Rick Baredziak, Tournament Director, replied normally they would just suspend a game at a time where it was appropriate. It if were 3/4 of a game,they would constitute it a full game. They do not continue playing the next day. He noted they have shortened their games from the normal 45 minute half to 40 minute half to accommodate any potential extension beyond the 10:00 time. The last game would begin at 8:00 p.m. so under normal circumstances they would be finished at 9:30 p.m. The only reason for the request is simply for the safety issue. Lambert noted the parking lot lights are on until midnight so it does not go completely dark at 10:00 p.m. After a brief discussion, the Commission decided the City made a commitment to the residents and they should stick by it. As a result, the Commission was not able to support this request. MOTION: Wilson moved, seconded by Koenig, to support staffs recommendation to deny the request to extend past 10:00 p.m. for lights at Miller Park. Motion carried 6-0. V. DEVELOPMENT PROPOSALS A. Villas at Mitchell Lake Staff referred the Commission to a memo dated May 28, 1997 from Stuart A. Fox, Manager of Parks and Natural Resources; a staff report dated May 23, 1997 from Michael D. Franzen, City Planner; and a memo dated May 16, 1997 from Alan Gray, City Engineer. Jack Brandt, representing Hartford Capital Corporation, reviewed the development proposal with the Commission. He explained the different 4 IC) Unapproved Minutes Parks, Recreation and Natural Resources Monday,June 2, 1997 concepts possible for this site and noted the concept chosen is the most viable and sensitive to the site. Christina Harrison from the Historic Preservation Commission has indicated there are three areas of historic and cultural significance. They recommended that sites 1 and 2 be preserved and these areas are located within a proposed conservation easement to the City. The proposal is for 24 single family homes which comes to 2.4 units per acre. The price range of the homes are between$200,000 to $400,000. They are geared toward empty-nesters. The homes have a finished total of 3000 square feet. This development will be governed by an association that will take care of the common areas. Al Gray conducted a traffic study and the trip generation for empty-nester type of units is about half of what it would be with normal single family units. It also concluded that Terrey Pine Drive was sufficient in size and design to cover the additional developments that will take place on this project as well as some in the future. There are four different elevations which create some diversity in the development itself. They have asked the City to allow them to work with customers and create an even more diversity with minor modifications and the City was in favor of this. There have been many neighborhood meetings and the closest neighbor, Mr. Fristed, has expressed his support for the development. They will provide Mr. Fristed with some additional visual buffering in the form of trees and privacy fencing. Fox reviewed the staff report. There are 122 trees on this site that were significant in size as defined by City ordinance. The calculated loss would be 32 of those trees at 461 diameter inches, for a tree loss of 18 percent. Originally, when the development was submitted the proposal was made to relocate a number of conifer species on the site. He explained the reasons why staff has recommended this not be done. In terms of replacement, the trees that would be removed from the site must be mitigated by City ordinance requirements and this would require the planting of 110 caliper inches of trees. The developer has expressed an interest in putting trees of a similar species back into the site;however, at the time of this staff report a complete landscape plan was not available. The landscape plan is being worked on and would be present at the City Council or by the time of the Developers' Agreement. A significant amount of the large mature trees will not be impacted by the construction of these housing units due to the shoreland setback required from Mitchell Lake. 5 Unapproved Minutes Parks, Recreation and Natural Resources Monday,June 2, 1997 A NURP pond is scheduled to be constructed to handle storm water runoff prior to entry into Mitchell Lake. A complete review of the sizing and discharge levels is being undertaken by the engineering staff. The developer will be required to complete the NURP pond as per City engineering and Watershed District engineer recommendations, as well as taking proper precautions to prevent erosion during the grading process from entering Mitchell Lake. The City does not have a sidewalk or trail along Terrey Pine Drive. The developer is proposing an internal sidewalk/trail system that would be maintained by the owners' association and be used exclusively for people living in this subdivision. All the proposed units are located 150 feet away from the ordinary high water mark of the lake so there would not be any variance requests. The area between the housing units and lakeshore is proposed to be operated as common ground by an association. This project was reviewed by the Planning Commission at the May 27 meeting and was approved on a 5-0 vote. Hilgeman was concerned about the high density in an environmentally sensitive area. Koenig was concerned about replacing trees with like trees. Brandt said they would agree to like trees going back in. Koenig asked if the trees that can not be transplanted are included in the tree loss. Perry Ryan, Ryan Engineering, said they are included in the tree loss. Koenig was concerned about someone clearing some of the vegetation in the conservation area for a better view. Fox said there is a provision in the Shoreland Ordinance that they can do minimal clearing of vegetation in order to see a water body. They can't clear cut it. If they want to take out more than 10 percent for the vegetation, they have to come back for permission to do that under the City ordinance. Lambert commented that nobody is going to pay$400,000 and clear cut it because it will take away from the value of their home. Things will be kept as they are just to retain the value of those homes. Koenig asked if there would be anymore collection into those NURP ponds from anywhere else other than this development. Fox said no. 6 Unapproved Minutes Parks, Recreation and Natural Resources Monday,June 2, 1997 MOTION: Kracum moved, seconded by Corneille, to approve the Villas at Mitchell Lake project as per Planning Staff Report dated May 23, 1997, and supplemental Staff Report dated May 28, 1997. Motion carried 6-0. VI. OLD BUSINESS A. None VII. NEW BUSINESS A. Metropolitan Council Water Quality Application Staff referred the Commission to a memo dated May 27, 1997 from Bob Lambert, Director of Parks,Recreation and Natural Resources. Lambert said they are requesting 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. The water quality grant application is for$100,000 for the water quality treatment portion of the project. 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. MOTION: Corneille moved, seconded by Koenig, to approve the Water Quality Grant Application request for the grant from the Metropolitan Council. Motion carried 6-0. Hilgeman noted the meeting for the Big Woods was postponed until this Wednesday, June 4, 1997. VIII. REPORTS OF COMMISSIONERS AND STAFF A. None IX. ADJOURNMENT MOTION: Wilson moved, seconded by Kracum, to adjourn the meeting. Motion carried 6-0. The meeting adjourned at 8:00 p.m. 7 22 Eden Prairie Planning Commission May 27, 1997 IV. PUBLIC HEARINGS A. VILLAS AT MITCHELL LAKE by Hartford Capital Corporation. Request for PUD Concept Review on 9.64 acres, PUD District Review on 9.64 acres, Zoning District Change from Rural to R1-9.5 on 9.64 acres, and Preliminary Plat of 9.64 acres into 24 lots. Location: Terrey Pine Drive. Bill Griffith, with Larkin Hoffman, reviewed the concept development plan with the Commission including the grading and landscaping plan. This development provides life cycle free housing for the community which will target pre-retirement and retirement age. Life cycle housing has grown in demand in recent years because of the demographics of the population. This project is unique in the single family home design. The site clusters the development and it's an opportunity to preserve the natural features of the existing woods. This development also provides a positive impact on the lake. The homes are called villas because they're on one level and are walkout style or lookout style. All the units will be constructed with an attached double garage and the units will be completed with stucco exterior and brick finishes. The cost of the units will be between $275,000 and $400,000. There will be a homeowners association similar to the concept of townhomes. The density is 2.4 units per acre. He explained why this is a positive development in terms of the regional benefits and how it fits in with the Comprehensive Guide Plan. A large single family development would have much greater impact on the site with two-story homes and larger footprints than the homes proposed. It's also likely a lot of the large trees would be lost with larger footprints and larger lot sizes. Traffic and the trip generation is lower because it's retirement age residents. The trip generation is 50 percent less as a result of this market. The developer has proposed to pay for the cost of extending the sewer to the site. He reviewed the site plan revisions suggested by staff. A number of building locations along the easterly property line have been set back 30 feet to meet City code. In working with Mr. Fristed, a neighbor,they have agreed to a privacy fence and a berm with several trees planted at that location, with a fence to the lakeshore to provide a clear separation between this project and his home. They would try to keep the fence out of the 75 foot setback area,but if staff and the City are willing,they would bring the fence down to the waterfront. They would like flexibility to custom design the homes and be able to come back to the City for minor modifications. He referred to 2 Eden Prairie Planning Commission May 27, 1997 letters of several residents who are in concurrence with the project. Foote asked if the minor modifications still would include two level homes. Griffith said the minor modifications would be more exterior treatments of the building, the color,the design, and materials. The homes would remain one level. Foote asked if there will be one or two docks. Griffith said they would like two docks with 24 slips,but staff has suggested one dock with 12 slips. They understand staffs reasons for less dockage area but they have reduced what would be on the lakeshore if these were large single family homes. Clinton was concerned about the berm and the fencing and asked what the height is of the berm. Perry Ryan, Ryan Construction, referred to the grading plan and noted the existing berm along Highway 5 is at an approximate elevation of 904 and coming up at a 4:1 slope. They would continue that berming up just right north to the cul-de- sac to an elevation of 908 and increase that berm in that small area. Clinton asked if the developer has considered keeping the plan with single family living down to the lake but meeting the City Code in terms of the lot sizes. Griffith said the developer looked at a number of alternatives and for a number of reasons went with this type of project. Alexander commented that empty-nesters want to get away from maintaining a home and some are of an age that probably don't want to deal with boats. She supported one dock with 12 slips. She also supported the privacy fence stopping at 75 feet. She was concerned about personal watercrafts and asked if there will be some control over the types of watercrafts used. Griffith explained the project will have restrictive covenants. Typically the users of the small personal watercrafts tend to be younger less responsible in the use of watercrafts. They do not expect to see that here. They can include restrictions of types of watercrafts in the covenants and consider that part of the development. Franzen reviewed the staff report and gave background information about the small lot concept for clustering single family homes and provided examples of this plan in Eden Prairie. He explained the rationale for small lot housing and the purpose of a planned unit development. He reviewed the four impacts of the plan which staff felt were minor because there was mitigation. Staff believes the waivers for this project are justified by the benefits with four of them listed in the staff report. Staff recommended approval. Foote asked what the side area setback is on these units. Ryan replied 10 feet 3 2(4 Eden Prairie Planning Commission May 27, 1997 between the units and five feet on each side. Clinton asked what the distribution of traffic would in the afternoon because you can't make a left turn on Terrey Pine. Al Gray, City Engineer, said he would presume that outbound traffic from this development would use Highway 5 so it would be 80 percent of the trips that leave this development. Regarding inbound, he would presume most people who live here would be approaching from the east and west direction because the median is closed. He noted most of the people who will live here are probably not tied to an eight to five job and can use the roads other than rush hour times. The public hearing was opened. Glenn Fristed, 17247 Terrey Pine Drive, commented he is most directly impacted to this site. He would like to add a fence to extend approximately 30 to 40 feet of the high water line. Clinton asked who enforces the limitations on the size of the boats. Franzen said that is a City ordinance limited to 10 horsepower. Al Gray said it would be enforced by the police. He explained how they enforce it and noted generally the residents help patrol it. Clinton said as a resident of Staring Lake he sees jet skis out and in the winter he sees snowmobiles and noted it is posted. He asked how to enforce that if it is a law. Gray said calls to the police and they would send somebody down there. Foote was concerned about the type of potential future development along Terrey Pine because there is still empty land there. He asked what kind of housing would that yield in the future to distribute to the traffic problem. Franzen said all the land remaining on the north side of the lake is guided up to 2.5 units per acre so the person who has one house can subdivide and have additional units. Franzen said he presumes there's going to be another 15 or 20 units. Habicht commented the proposal is a little more dense than he liked but given the tradeoff with the large conservation area,and the fact these are single story units and no disruption to the shoreline area, it's a good project. The reservation he had was the fencing and recommended to stop at the 75 foot area because he was concerned about setting a precedent. He was in favor of staffs recommendation of one dock with 12 slips. He supported the plan with those recommendations. Foote said he thought the project was a little too dense the first time he looked at it. He would lice to see the homes a little further apart than 10 feet. It's a good project and it's better than having a traditional single family housing project. He supported 4 2S Eden Prairie Planning Commission May 27, 1997 the project with the fencing stopping at 75 feet and one dock with 12 slips. Wissner was comfortable with the project. She commented from her own experience living in a townhome development of 24 units that there isn't a high traffic area of people coming and going as when there are small children. She supported the project with one dock and 12 slips. Alexander supported the project with the fencing stopping at 75 feet and one dock with 12 slips. Clinton also supported the project with the fencing stopping at 75 feet. He was still concerned about the traffic on Terrey Pine Drive because inbound is still going to be a problem. It's the only way into the project coming from the east. He also recommended one dock with 12 slips. MOTION 1: Wissner moved, seconded by Habicht, to close the public hearing. Motion carried 5-0. MOTION 2: Wissner moved, seconded by Habicht, to recommend to the City Council approval of the request of Hartford Capital Corporation for PUD Concept Review on 9.64 acres, PUD District Review on 9.64 acres,Zoning District Change from Rural to R1-9.5 on 9.64 acres, Preliminary Plat of 9.64 acres into 24 lots based on plans dated May 23, 1997 and subject to the recommendations of the Staff Report dated May 23, 1997. Motion carried 5-0. 5 26 May 23, 1997 City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie,MN 55344-2230 To: Members of the City Council and Planning Commission Re: Villas at Mitchell Lake Please be advised that I support the proposed Villas at Mitchell Lake development. Carolyn derson 17965 errey Pine Drive Eden Prairie,MN 2-'1 May 24, 1997 Members of the Planning Commission Members of the City Council City of Eden Prairie Eden Prairie, MN i have met with the developer and attended one Neighborhood Meeting regarding the Villas at Mitchell lake. i fully support the development • Scott !comer 16503 Terrey Pine Drive Eden Prairie, MN 85347 906-0058 John R. Hull 16703 Terrey Pine Dr. Eden Prairie, MN. 55347 (612) 937-6038 Mr.Jack Brandt Harford Capital Corp. • 7901 Plying Cloud Dr. Eden Prairie,MN. 55344 Dear Mr. Brandt: After two neighborhood meetings with you and your attorney and planner,I am confr that the Villas on Miitchen Lake will be a successful project and may even contribute greatly to our community.As long as you and your builder will stay to the promised p of remaining 150 feet back from the lalceshore with the development,install a"group" boat slip rather than 24 different boat docks and market the homes to an"empty nester" type of consumer, I am confident that your project will be succesfut with little or no negative impact on the immediate neighborhood. My only concern may be with amount of traffic on Terrey Pine Drive to the east of your project. However,there already are numerous cars during morning rush hours using Terrey Pine to bypass the intersection of Eden Prairie Road and Highway 5. In a perfect world, the best idea would be to put in a three-way semaphore at Highway 5 and Terrey Pine Dr. so the residents of your project could access westbound Highway 5 much easier. That stretch of Highway 5 between Eden Prairie Road and Dell Road can, at times, become quite dangerous with speeds exceeding the speed limit. Mother intersection at Terrey Pine could perhaps avoid high speed traffic. This,I know,is something you can't deal with but perhaps the City and MnDOT could. I am impressed with your willingness to address the concerns of the neighborhood and it seems as though you are spending the time and the money to make sure a quality project is constructed. In talking with the homeowner immediately next to your property, Glen Fristed, you are willing to build a privacy fence next to his property and he has told me ht is in support of your work.If he is pleased,then I see no reason for Villas on Mitchell Lake to be approved. • Thank you for openess in dealing with the neighbors and I wish you the best as the project continues. 'I'ncerely;� l .'M • J•hn Hull 2M NEIGHBORHOOD MEETING VILLAS AT MITCHELL LAKE ATTENDEES ADDRESS TELEPHONE 6-4-,/,,1/ f ri s:4-4-7 /7 (7 %r/ic✓ ;l'�.✓z i_ �3 7 "/‘ 9 C 5c.4 Ain Sc / (5-7 7 %ErrG/ (';nE Ay, Q:7`1- y`7`E 7 �z,. -_i V Zi Al, 042-)-s yr / 77>�r // --7-,y �i•}; ; t).)' , / -?7"-- S mil;3 . t Y�JQh� e,.: 7 / � 5 �� 954/ -799.s' - -- '' ; ,Iy /E6Y -7-6,�, -%Jiy,crz s- c-S/ Ayff ;w/ Cuv-f ///olii C_ 99 . sf6rx7 'j—)p of/ 9 4--4-f -O( //zi. /%e e.....--- c/ c/ ��cc7 1(co ,,_ (6 E O 3 1 e---4.,,.e D- 906 00 Y , t4ESo,, 9 t Minnesota Department of Transportation r � / Metropolitan Division of TN,- Waters Edge 1500 West County Road B2 Roseville, MN 55113 June 4, 1997 Michael Franzen City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear Michael Franzen: SUBJECT: Villas at Mitchell Lake Preliminary Plat Review P97-047 South of Trunk Highway(TH) 5, West of CSAH 4 Eden Prairie, Hennepin County C.S. 2701 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Villas at Mitchell Lake preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. We apologize in the delay in responding to this submittal. We find the plat acceptable for further development with consideration of the following comments. • We will not allow any grading or landscaping within Mn/DOT right of way as proposed in the Preliminary Grading Plan. Mn/DOT provided the current landscaping in TH 5 right of way. The City of Eden Prairie requested this landscaping as mitigation for trees that Mn/DOT removed when Mn/DOT reconstructed TH 5. • Although not proposed, we will allow no new access to TH 5. Site access will be by CSAH 4 and the current right/in-right/out access at Terrey Pine Drive. This meets the City of Eden Prairie's position detailed in Gene Dietz's April 16, 1992 letter to us. We require an access permit for the site for access to Terrey Pine Drive. The city must file the permit if the new street within the development is to be a city street. However, the developer may apply with a letter of support from the city. For additional information and the appropriate forms please contact Bill Warden of our Permits Section at 582-1443. • Any use of or work within Mn/DOT right of way will require an approved Mn/DOT permit. This includes utility and right of way alteration permits. Any additional permits required depend upon the nature of the proposed work. Bill Warden of our Permits Section may be contacted for further information regarding the permit process. An equal opportunity employer 6 � Michael Franzen June 4, 1997 page two • It is Mn/DOT's policy to assist local governments in promoting compatibility between land use and highways. Residential land uses adjacent to highways usually results in complaints about traffic noise. Traffic noise from TH 5 could exceed noise standards established by the Minnesota Pollution Control Agency, the U.S. Dept. of Transportation, and the U.S. Dept. of Housing and Urban Development. Mn/DOT policy regarding development adjacent to existing and acquired highways prohibits the expenditure of highway funds for noise mitigation measures. The project proposer should assess the noise situation and take the action deemed necessary to minimize the impact of any highway noise. However, as previously noted, any noise mitigation measures such as construction of berms and installation of landscape screening must occur on-site. We will not allow these activities within Mn/DOT right of way. Please contact me at 582-1654 with any questions regarding this review. Sincerely, Scott Peters Senior Transportation Planner/Local Government Liaison c: Pete Tulkki, Hennepin County Surveys Section Doug Mattson, Hennepin County Public Works Gene Dietz, City of Eden Prairie • a2_ VILLAS AT MITCHELL LAKE NEIGHBORHOOD MEETING ATTENDEES 3/27/97 NEIGHBORHOOD MEETING ATTENDEES 5/20/97 LETTER OF SUPPORT: CAROLYN ANDERSON, 17965 TERREY PINE DRIVE LETTER OF SUPPORT: JOHN HULL, 16703 TERREY PINE DRIVE LETTER OF SUPPORT: SCOTT BLOOMER, 16503 TERREY PINE DRIVE PLANNING COMMISSION GLEN FRISTAD STATED TO THE PLANNINC COMMISSION THAT HE WAS IN FAVOR OF THE DEVELOPMENT. MR. FRISTAD'S HOUSE IS ADJACENT TO THE DEVELOPMENT. THERE WERE NO NEGATIVE COMMENTS BY ANY NEIGHBOR AT THE PLANNING COMMISSION. 3 NEIGHBORHOOD MEETING VILLAS AT MITCHELL LAKE ATTENDEES ADDRESS TELEPHONE Cam'/PNA/ �� I� S,c /7�Y�Trrir �Nf Oil o9,40 0 ���" IthAe /a / 7/5'r TEgAY Pi 4k Pa 93.119Ao y,791-� -J��•I\ \ A\ 1���� �� � .(.e_ o - 111s. 17.3 e..14` ;ie-Dr. -S 3q NEIGHBORHOOD MEETING VILLAS AT MITCHELL LAKE ATTENDEES ADDRESS TELEPHONE Ly/t,dA/ J -, s�-a/ /72 I/7 Trr�e,, Ave , i_ 9-3 7 -/( ric Sc-61-1- 4h SUe\ 16-7 V 'Tore- r nE I\r• ,, `/- 1y6 9 .4>- /y.77 A-� 04.,-_sd� / 7tiL T 7-e y ,",:), i /2.) 917-: S�`3 &� 7 ""oa��. e 4� Q3 41 -7 9 95-' �� , .S's ; ;e4r5 ,oxce-A S 4' S'/ 9'f—Gy9/ 1U-7D-._r-c-er,ei A-pe ,oric7 �/S S Pr' A, ce f-7L //ceo vi c V 9 -rs/5 v Par 0' - 6 ✓-To 4 Nzeoi/%e ,�- c/ L ` � 90600s8 ` ��a d _P �i S Q 3 C '�ram/ a 1 May 23, 1997 City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344-2230 To: Members of the City Council and Planning Commission Re: Villas at Mitchell Lake Please be advised that I support the proposed Villas at Mitchell Lake development. Carolyn derson 17965 errey Pine Drive Eden Prairie, MN 3G • John R. Hull 16703 Terrey Pine Dr. Eden Prairie, MN. 55347 (612) 937-6038 Mr. Jack Brandt Harford Capital Corp. 7901 Flying Cloud Dr. Eden Prairie, MN. 55344 Dear Mr. Brandt: After two neighborhood meetings with you and your attorney and planner, I am confident that the Villas on Mitchell Lake will be a successful project and may even contribute greatly to our community. As long as you and your builder will stay to the promised plans of remaining 150 feet back from the Lakeshore with the development, install a "group" boat slip rather than 24 different boat docks and market the homes to an "empty nester" type of consumer, I am confident that your project will be succesful with little or no negative impact on the immediate neighborhood. My only concern may be with amount of traffic on Terrey Pine Drive to the east of your project. However, there already are numerous cars during morning rush hours using Terrey Pine to bypass the intersection of Eden Prairie Road and Highway 5. In a perfect world, the best idea would be to put in a three-way semaphore at Highway 5 and Terrey Pine Dr. so the residents of your project could access westbound Highway 5 much easier. That stretch of Highway 5 between Eden Prairie Road and Dell Road can, at times, become quite dangerous with speeds exceeding the speed limit. Another intersection at Terrey Fine could perhaps avoid high speed traffic. This, I know, is something you can't deal with but perhaps the City and MnDOT could. I am impressed with your willingness to address the concerns of the neighborhood and it seems as though you are spending the time and the money to make sure a quality project is constructed. In talking with the homeowner immediately next to your property, Glen Fristed, you are willing to build a privacy fence next to his property and he has told me he is in support of your work. If he is pleased, then I see no reason for Villas on Mitchell Lake to be approved. Thank you for openess in dealing with the neighbors and I wish you the best as the project continues. cerelg; John Hull 37 • May 24, 1997 Members of the Planning Commission Members of the City Council City of Eden Prairie • Eden Prairie, MN I have met with the developer and attended one Neighborhood Meeting regarding the Villas at Mitchell Lake. I fully support the development. • Scott loomer 16503 Terrey Pine Drive Eden Prairie, MN 55347 906-0058 i I I • it i } I j , i ! PAGE.02 MAY 2? '9? 11:29 ** TOTAL PAGE.01 ** EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-17-97 SECTION: PUBLIC HEARINGS ITEM NO. v. a DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger CAR-X MUFFLER& BRAKE Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Approve 1st Reading of the Ordinance for Zoning District Change from Rural to C-Reg-Ser on 0.56 acres; 3. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: The Planning Commission unanimously recommended approval of the project at its May 27, 1997 meeting. The proposal is consistent with the design philosophy used for other car care projects such as Jiffy Lube, LaMettry Auto Body, Lariat Center, and Tires Plus(withdrawn), where a combination of building jogs, recessed service doors, and metal canopy designs provide architectural compatibility and minimize views to the service doors. Supporting Reports: 1. Staff Report dated 5-23-97 2. Planning Commission Minutes dated May 27, 1997 STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: May 23, 1997 SUBJECT: Car-X Muffler and Brake APPLICANT: Brian Cook FEE OWNER: Robert Larsen LOCATION: 8108 Eden Road REQUEST: 1. Zoning District Change from Rural to Commercial Regional Service on 0.56 acres. 2. Site Plan Review on 0.56 acres. 2 Staff Report Car-X Muffler and Brake May 23, 1997 BACKGROUND The Comprehensive Guide Plan shows this site and surrounding property as Regional Commercial land use. The property is zoned Rural. SITE PLAN The proposal is to construct a 5,578 sq. ft., six bay Car-X Muffler and Brake shop on 0.56 acres. The base area ratio is 0.19, and the floor area ratio is 0.23. The Commercial Regional Service zoning district permits up to a 0.20 base area ratio and a 0.40 floor area ratio. Total parking required for this use is 16 spaces. The plan shows 17 spaces plus 6 spaces within the service bays for a total of 23 spaces. The building and parking meet all setbacks. Platting of the property is not required. The site is Tract C of RLS 687, which provides the necessary right of way for Eden Road. GRADING AND DRAINAGE The tree inventory shows six significant trees on site totaling 62 caliper inches. Twelve caliper inches,or 19% will be removed due to grading. Tree replacement is 3 caliper inches. This has been included in the landscaping plan. No NURP pond is proposed with this project. The size of the lot limits the ability to provide an on-site pond. The proponent requests that the City accept a financial equivalent to the construction costs of an on-site NURP pond to the City's Storm Water Utility in lieu of constructing the ponding. These funds go toward construction of regional ponds for treatment of storm water. UTILITIES Sewer and water service is available in Eden Road. Any existing well will need to be capped, and septic system abandoned. LANDSCAPING Landscaping for this project is based on a caliper inch requirement according to building size (17 caliper inches), and screening of the parking areas and service doors. Berming and shrubs 2 Staff Report Car-X Muffler and Brake May 23, 1997 plantings are proposed along Eden Road, together with a row of evergreen trees along the north property line to screen the views to the parking and service doors. An existing 6 foot wood fence provides screening to the west. Irrigation of the landscaping is proposed. ARCHITECTURE The proposed architecture is consistent with the design philosophy used for other car care projects such as Jiffy Lube, LaMettry Auto Body, Lariat Center, and Tires Plus(withdrawn), where a combination of building jogs, recessed service doors, and metal canopy designs provide architectural compatibility and minimize views to the service doors. The majority of the building is 19 feet tall,with a portion at 24 feet tall. City Code permits building height up to 40 feet in the Commercial Regional Service zoning district. The building will be face brick and glass which meets City Code. A face brick trash enclosure is proposed on the west end of the site. All mechanical equipment will be located in the building. Twenty foot downcast lighting fixtures are proposed. SIGNS City Code permits wall signs and a free standing pylon sign. The proposed signs meet City Code. RECOMMENDATIONS Staff would recommend approval of the Zoning District Change from Rural to Commercial Regional Service on 0.56 acres, Site Plan Review on 0.56 acres, based on plans dated May 8, 1997, this staff report, and the following: 1. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Stake the grading limits with erosion control fence. C. Notify the City and Watershed District 48 hours in advance of grading. 3 Staff Report Car-X Muffler and Brake May 23, 1997 2. Prior to building permit issuance, the proponent shall: A. Provide a landscape surety equivalent to 150% of the cost of the landscaping improvements. B. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. C. Submit exterior building material samples and colors for review. D. Provide a financial equivalent to the costs of an on-site NURP pond to the City's Storm Water Utility in lieu of constructing on-site NURP ponding. 4 Eden Prairie Planning Commission May 27, 1997 B. CAR-X MUFFLER & BRAKE by Brian Cook. Request for Zoning District Change from Rural to C-Reg-Ser on 0.56 acres and Site Plan Review on 0.56 acres. Location: 8108 Eden Road. Ken Nordby, architect,presented the proposed elevation of the Car-X building which will be next to the Jiffy Lube site. The building is approximately 4600 square feet with six service bays. Construction will be brick and they have added some color block for some accent colors, and a prefinished canopy. The building will have recessed service doors which is similar to Jiffy Lube next door. They worked together with staff for the landscaping and are trying to preserve as much of the existing trees that are on the site. They have talked with Jeff Johnson about trying to create a NURP pond. Mr. Cook has requested that the City accept a financial equivalent to the construction costs of an on-site NURP pond to the City's Storm Water Utility in lieu of constructing the ponding. These funds go toward construction of regional ponds for treatment of storm water. Wissner asked if they would work together with Jiffy Lube by bringing the cars to each other. Brian Cook, owner, said normally they do not but they would trade coupons. They are separate businesses. Clinton asked how Car-X compares to Jiffy Lube in size. Kipp replied Car-X is slightly larger. Foote asked if this is a typical size to other Car-X shops. Nordby said most of the Car-X shops they have worked on are going to eight bay areas rather than six. Lind asked what the distance is from this building to Jiffy Lube. Nordby said approximately 125 feet. Alexander was concerned about whether there would be sufficient parking for the cars waiting to be served and the employees. Nordby said yes. The cars that are waiting to be served would actually be across and adjacent to the property line of Jiffy Lube. There is also some parking up against the west side of the lot. Kipp reviewed the staff report and noted that the proposal is consistent with the design philosophy used for other car care projects. The use of building jogs,recessed service doors, and metal canopy designs provide architectural compatibility and minimizes views to the service doors. The staff recommended approval. The public hearing was opened. 6 Eden Prairie Planning Commission May 27, 1997 Habicht commented it's a small site and the use is consistent with the surrounding area. MOTION 1: Habicht moved, seconded by Foote, to close the public hearing. Motion carried 5-0. MOTION 2: Habicht moved, seconded by Foote,to recommend to the City Council approval of the request of Brian Cook for Zoning District Change from Rural to C- Reg-Ser on 0.56 acres based on plans dated May 8, 1997 and subject to the recommendations of the Staff Report dated May 23, 1997. Motion carried 5-0. MOTION 3: Habicht moved, seconded by Foote,to recommend to the City Council approval of the request of Brian Cook for Site Plan Review on 0.56 acres based on plans dated May 8, 1997 and subject to the recommendations of the Staff Report dated May 23, 1997. Motion carried 5-0. 7 OPCITY COUNCIL AGENDA DATE: eGen SECTION: Consent Calendar 6/17/97 pram DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI. Checks 52778 to 53158 Wire Transfers 38 to 44 Action/Direction: Approve Payment of Claims 1 COUNCIL CHECK SUMMARY 06-JUN-1997 (14:53) DIVISION TOTAL N/A $110.50 LEGISLATIVE $3,083.09 GENERAL SERVICES $8,283.99 EMPLOYEE BENEFITS $5,141.06 CITY MANAGER $2,214.46 FINANCE $158.17 HUMAN RESOURCES $2,458.09 COMMUNITY SERVICE $5,315.96 SOCIAL SERVICES $2,000.00 ENGINEERING $2.90 INSPECTIONS $1,346.59 FACILITIES $5,671.16 ASSESSING $160.99 CIVIL DEFENSE $520.61 POLICE $14,681.42 • FIRE $5,793.00 STREETS & TRAFFIC $41,253.02 PARK MAINTENANCE $10,792.72 STREET LIGHTING $883.94 FLEET SERVICES $16,393.73 ORGANIZED ATHLETICS $9,041.90 COMMUNITY DEV $583.51 COMMUNITY CENTER $26,599.48 BEACHES $213.18 YOUTH RECREATION $1,914.23 ADULT RECREATION $1,181.23 RECREATION ADMIN $160.13 ADAPTIVE REC $221.06 OAK POINT POOL $1,162.34 ARTS $405.27 PUBLIC IMPROV PROJ $207,212.35 DEBT SERVICE PAYMENTS $8,275.00 SPECIAL ASSESSMENTS $72,063.67 CITY CENTER $1,442.23 SPECIAL REVENUE FUNDS $9,262.69 PRAIRIE VILLAGE $8,148.76 PRAIRIEVIEW $2,816.28 CUB FOODS $125.00 PRESERVE $6,691.32 WATER DEPT $150,286.70 SEWER DEPT $19,047.91 STORM DRAINAGE $11,881.68 AGENCY FUNDS $4,244.33 $669,245.65* COUNCIL CHECK REGISTER 06-JUN-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52778 $10.98 CATHY BOLDUC OPERATING SUPPLIES-GENERAL KIDS KORNER 52779 $200.00 RONALD CASE TRAVEL COUNCIL 52780 $170.00 DAKOTA COUNTY TECHNICAL COLLEG SCHOOLS POLICE 52782 $204.48 HAMMERLUND MANUFACTURING BUILDING MATERIALS STARING LAKE 52783 $25.00 HENNEPIN COUNTY TREASURER PROFESSIONAL SERVICES POLICE 52784 $160.50 BOB LAMBERT DUES & SUBSCRIPTIONS IN SERVICE TRAINING 52785 $95.00 DAVID LINDAHL SCHOOLS IN SERVICE TRAINING 52786 $50.76 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES IN SERVICE TRAINING 52787 $200.00 JAMES MORROW SCHOOLS POLICE 52788 $528.00 RAMADA INN SCHOOLS POLICE 52789 $66.19 WENDY SCHMITZ EMPLOYEE AWARD HUMAN RESOURCES 52790 $50.00 SENSIBLE LAND USE COALITION CONFERENCE COUNCIL 52791 $110.74 ST CLOUD COMFORT INN TRAVEL COUNCIL 52792 $7.50 TEEGHMAN, JUDY RFND CANOE INSTRUCTIONS OUTDOOR CTR PROGRAM 52793 $73.16 UNLIMITED SUPPLIES INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALING 52794 $121.50 CITY OF EDEN PRAIRIE BUILDING CUB FOOD STORE CONSTRUCTION 52795 $538.40 CITY OF EDEN PRAIRIE BUILDING PW STORAGE FACILITY 52796 $55.00 ALSTAD,CONSTANCE ROUND LAKE PAVILION SPECIAL EVENTS 52797 $17.00 ATKINS, MARY RFND CANOEING SUNRISE RIVER OUTDOOR CTR PROGRAM 52798 $24.00 BCA CJIS ID UNIT PROFESSIONAL SERVICES FINANCE DEPT 52799 $824.15 CAMAS-SHIELY DIVISION LANDSCAPE MTLS & AG SUPPL PARK MAINTENANCE 52800 $58.00 ERGEN, LINDA RFND SWIM LESSONS OAK POINT LESSONS 52801 $9.00 FERNHOLZ, SUSAN RFND CAMP PRESCHOOL KIDS KORNER 52802 $808.53 G & K SERVICES-MPLS INDUSTRIAL CLOTHING & UNIFORMS WATER UTILITY-GENERAL 52804 $5.00 IRMITER, MARK RFND MAP AND COMPASS OUTDOOR CTR PROGRAM 52805 $5,167.00 JASON-NORTHCO L.P. #1 DUES & SUBSCRIPTIONS PRAIRIE VILLAGE LIQUOR #1 52806 $5,346.96 JERRY'S ENTERPRISES INC CONTRACTED REPAIR & MAINT PRESERVE LIQUOR #2 52807 $5.00 MERKLE, LAURA RFND MAP & COMPASS OUTDOOR CTR PROGRAM 52808 $25.00 MINNESOTA PARK SUPERVISORS ASS CONFERENCE IN SERVICE TRAINING 52809 $80.00 MRPA SPECIAL EVENTS FEES AFTERNOON PLAYGROUND 52810 $1,180.00 MTS SYSTEMS CORPORATION DEPOSITS ESCROW 52811 $5.00 NEWMAN, JOHN RFND MAP AND COMPASS OUTDOOR CTR PROGRAM 52812 $38,531.31 NORTHERN STATES POWER CO ELECTRIC STORMWATER LIFTSTATION 52815 $4,257.25 ORRIN THOMPSON BUILDING PERMIT FD 10 ORG 52816 $25.50 SCHLUNDT, CONNIE RFND SWIM LESSONS POOL LESSONS 52817 $1,328.61 SISINNI FOOD SERVICE MISCELLANEOUS IN SERVICE TRAINING 52819 $86.00 TALBOT, RITA RFND ACTIVITY CAMP ACTIVITY CAMP 52820 $123.66 TCF NATIONAL BANK OF MINNESOTA DEPOSITS ESCROW 52821 $268.08 US POSTMASTER - HOPKINS POSTAGE SENIOR CENTER PROGRAM 52822 $25.00 US TENNIS ASSOCATION USTA 919364679 IN SERVICE TRAINING 52823 $314.95 US WEST COMMUNICATIONS TELEPHONE GENERAL 52824 $5,064.49 US WEST COMMUNICATIONS TELEPHONE WATER UTILITY-GENERAL 52825 $10.00 VEST, CHUCK CLOTHING & UNIFORMS WATER UTILITY-GENERAL 52826 $10.00 JULIE WHELAN RFND NIGHT PROWL OUTDOOR CTR PROGRAM 52827 $58.00 CATHY WINGE RFND SWIM LESSONS POOL LESSONS 52828 $100.00 A.T.O.M. SCHOOLS POLICE 52829 $74.00 KIRK BERNHAGEN RFND DAY CAMP DAY CAMP 52830 $6.39 BLOCKBUSTER VIDEO TRAINING SUPPLIES OAK POINT OPERATIONS 52831 $23.38 SHERRY BUTCHER-YOUNGHANS TRAVEL IN SERVICE TRAINING 52832 $2,362.80 CANADA LIFE ASSURANCE COMPANY DISABILITY IN EMPLOYERS FD 10 ORG 52833 $3.50 L M DANNER RFND SWIMMING CLASS OAK POINT LESSONS 52834 $72.60 EDEN PRAIRIE COMMUNITY BANK OPERATING SUPPLIES-GENERAL ART & MUSIC 52835 $52.00 ELIZABETH RHEINECK RFND ADULT GOLF SPRING SKILL DEVELOP 52836 $100.00 DAVID FEIDLEY RFND 96 CONDUCT FORFEIT FEES SOFTBALL 52837 $30.00 GENZ-RYAN PLUMBING PERMIT FD 10 ORG COUNCIL CHECK REGISTER 06-JUN-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52838 $20.50 GROTH SEWER AND WATER BLDG SURCHARGES PLUMBING SURCHARGE 52839 $1,462.01 GUARANTY TITLE DEPOSITS ESCROW 52840 $48.00 LEANNE HEARNE RFND GOLF LESSONS SUMMER SKILL DEVELOP 52841 $8.00 JANECKY PLUMBING CASH OVER/SHORT FD 10 ORG 52842 $16.00 CLAIR JOING RFND ACTIVITY SPECIAL EVENTS/TRIPS 52843 $140.45 LITTLE CEASERS TRAINING SUPPLIES OAK POINT OPERATIONS 52844 $20.00 BARB LUSKIN SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 52845 $1,429.70 MASYS CORPORATION PYMT INVOICE 6777 POLICE 52846 $1,069.54 MINNCOMM PAGING FURNITURE & FIXTURES COUNCIL 52847 $200.00 RICHARD MORGAN RFND COMM CTR MEMBERSHIP COMMUNITY CENTER ADMIN 52848 $100.00 TIM KOEPKE RFND 96 CONDUCT FORFEIT FEE SOFTBALL 52849 $100.00 PRODEA SOFTWARE, DAN RAHL RFND 96 CONDUCT FORFEIT FEE SOFTBALL 52850 $3,477.15 PRUDENTIAL INS CO OF AMERICA-C LIFE INSURANCE EMPLOYERS FD 10 ORG 52851 $400.00 RAGAMALA MUSIC & DANCE THEATRE OTHER CONTRACTED SERVICES STARING LAKE CONCERT 52852 $100.00 TERI MEYER RFND 96 CONDUCT FORFEIT FEE SOFTBALL 52853 $28.00 SALENGER, MAURRIE RFND CROSS COUNTRY SKI 1-11-97 WINTER SKILL DEVELOP 52854 $10.80 SCHWEDEL GOETZ SIEBEN & MOSKAL REPORTS TO NELSOANO3 FD 10 ORG 52855 $50.00 JIM STRONER RFND 96 CONDUCT FORFEIT FEES SOFTBALL 52856 $8.00 CAROLINE SWEENEY RFND HORSEBACK SPECIAL EVENTS/TRIPS 52857 $200.00 ROSS THORFINNSON JR CONFERENCE IN SERVICE TRAINING 52858 $19.06 JIM TORNO OPERATING SUPPLIES-GENERAL SPRING SKILL DEVELOP 52859 $25.00 CLAUDIA TORNQUIST RFND SWIMMING CLASS OAK POINT LESSONS 52860 $478.66 UNITED HEALTHCARE DEPOSITS ESCROW 52861 $46.20 SANDY WERTS MILEAGE AND PARKING REC SUPERVISOR 52862 $800.00 WEST SUBURBAN COLUMBUS CREDIT CREDIT UNION FD 10 ORG 52863 $134.19 ANOKA CO GOVT CTR GARNISHMENT WITHHELD FD 10 ORG 52864 $47.04 PATRICE ATKINSON MILEAGE AND PARKING ADAPTIVE RECREATION 52865 $857.00 CARVER COUNTY COURTHOUSE GARNISHMENT WITHHELD FD 10 ORG 52866 $269.99 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE 52867 $200.00 FEDERAL RESERVE BANK OF MPLS BOND DEDUCTION FD 10 ORG 52868 $7,495.50 GREAT WEST LIFE AND ANNUITY DEFERRED COMP FD 10 ORG 52869 $580.44 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG 52870 $5,781.46 I.C.M.A. RETIREMENT TRUCT-457 DEFERRED COMP FD 10 ORG 52871 $67.20 CYNTHIA LANENBERG MILEAGE AND PARKING FIRE 52872 $90.36 TRIA MANN MILEAGE AND PARKING ADAPTIVE RECREATION 52873 $432.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG 52874 $64.00 MINNESOTA DEPT OF HEALTH LICENSES & TAXES WATER UTILITY-GENERAL 52875 $2,670.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG 52876 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG 52877 $45,977.98 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 52878 $273.00 PUBLIC EMPLOYEES RETIREMENT LIFE INSURANCE W/H FD 10 ORG 52879 $12.08 JOE RUZIK DEPOSITS FD 10 ORG 52880 $.9,760.17 UNITED FIRE & CASUALTY COMPANY IMPROVEMENT CONTRACTS MARKETCENTER STREETSCAPE 52881 $180.60 UNITED WAY UNITED WAY WITHHELD FD 10 ORG 52882 $425.00 EDEN PRAIRIE SCHOOL DISTRICT N SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 52883 $2,976.00 MRPA SPECIAL EVENTS FEES SOFTBALL 52884 $2,201.00 NATIONAL LEAGUE OF CITIES DUES & SUBSCRIPTIONS CITY MANAGER 52885 $210.40 WALMART STORES INC REC EQUIP & SUPPLIES BASKETBALL 52886 $15.00 AMES, BEVERLY RFND YOUTH SNORKELING POOL LESSONS 52887 $10.61 CATHY BOLDUC OPERATING SUPPLIES-GENERAL KIDS KORNER 52888 $25.50 BRINK, MARGIE RFND SWIM LESSONS POOL LESSONS 52889 $29.00 LINDA DAMASIN RFND SWIM LESSONS POOL LESSONS 52890 $21.00 LISA DEIBEL RFND SKATE LESSONS ICE ARENA 52891 $23.00 DORIN, JUDITH RFND SWIM LESSONS POOL LESSONS 52892 $25.00 ESBENSEN, JEAN RFND STAFF TRAINING OUTDOOR CTR PROGRAM LI COUNCIL CHECK REGISTER 06-JUN-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52893 $738.78 FAIRMONT HOTEL, THE JEAN HARRIS IN SERVICE TRAINING 52894 $25.00 GELPERIN, AARON RFND STAFF TRAINING OUTDOOR CTR PROGRAM 52895 $29.00 GUSA, KRISTIE RFND'SWIM LESSONS OAK POINT LESSONS 52896 $200.00 JEAN L HARRIS TRAVEL IN SERVICE TRAINING 52897 $17.00 HOPKINS, CITY OF TRAVEL IN SERVICE TRAINING 52898 $25.00 JOHNSON, CAMERON RFND STAFF TRAINING OUTDOOR CTR PROGRAM 52899 $108.45 ROD MACRAE MILEAGE AND PARKING OUTDOOR CTR PROGRAM 52900 $23.00 MINNESOTA DEPT OF HEALTH LICENSES & TAXES WATER UTILITY-GENERAL 52901 $29.00 MULLEADY, MARY RFND SWIM LESSONS POOL LESSONS 52902 $15.00 SANDY PAYNE 50* RFND HORSEBACK SPECIAL EVENTS/TRIPS 52903 $15.00 PETERSON, JOLENE 50k RFND HORSEBACK SPECIAL EVENTS/TRIPS 52904 $36.00 SCHNEIDER, MONICA RFND SWIM LESSONS POOL LESSONS 52905 $29.00 LOUISE SCHURLE RFND SWIM LESSONS POOL LESSONS 52906 $3.62 SPANIER, TRACY RFND SWIMMING POOL LESSONS 52907 $28.00 SWAN, JULIE RFND SPORTS, FUN, FITNESS ADAPTIVE RECREATION 52908 $29.00 SOTHIRA TE RFND SWIMMING POOL LESSONS 52909 $106.42 TEKIELA, STAN OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM 52910 $48.00 KAREN TRUDEAU RFND BEACH SWIM LESSONS RILEY LAKE-BEACH 52911 $255.06 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52912 $19.20 US POSTMASTER POSTAGE GENERAL 52913 $26.00 SHERRY WEIS RFND SWIM LESSONS POOL LESSONS 52914 $43.00 WIGHT, RACHEL RFND SKATE LESSONS ICE ARENA 52915 $1,600.00 US POSTMASTER POSTAGE GENERAL 52916 $118.00 AIRTOUCH CELLULAR OTHER EQUIPMENT RECREATION ADMIN 52917 $269.55 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL 52918 $48.00 ARMSTRONG, NANCY RFND AFTERNOON PLAYGROUND AFTERNOON PLAYGROUND 52919 $49.00 BOWMAN, JENNY RFND ADULT GOLF SUMMER SKILL DEVELOP 52920 $1,069.54 CARD SERVICES-BUSINESS CARD FURNITURE & FIXTURES COUNCIL 52921 $16.50 CHURCHILL, LAWRIE RFND ADULT IN-LINE SUMMER SKILL DEVELOP 52922 $22.00 CHURCHILL, MARK RFND AGILITY DOG TRAINING SUMMER SKILL DEVELOP 52923 $22.00 DEGIDIO, JEAN RFND TENNIS LEAGUE SUMMER SKILL DEVELOP 52924 $49.00 DUNNWALD, MELINDA RFND ADULT GOLF SUMMER SKILL DEVELOP 52925 $52.00 FRITZ, TINA RFND ADULT GOLF SUMMER SKILL DEVELOP 52926 $8.67 HALPIN, BILL RNFD ADULT GOLF SPRING SKILL DEVELOP 52927 $286.95 JEAN L HARRIS TRAVEL COUNCIL 52928 $28.00 HOLLINGSWORTH, DENISE RFND GYMNASTICS SUMMER SKILL DEVELOP 52929 $16.50 SUSAN ISOM RFND ADULT IN-LINE SPRING SKILL DEVELOP 52930 $424.40 J H LARSON ELECTRICAL COMPANY OPERATING SUPPLIES-GENERAL MILLER PARK 52931 $1,500.00 LEAGUE OF MINNESOTA CITIES INS AGREEMENT 02-725 BENEFITS 52932 $411.39 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 52933 $9,480.21 MINNEGASCO GAS WATER TREATMENT PLANT 52935 $493.59 MN VALLEY ELECTRIC COOPERATIVE ELECTRIC STORMWATER LIFTSTATION 52936 $30.00 PERKINS, JUDY RFND YOUTH TRIP SPECIAL EVENTS/TRIPS 52937 $902.38 PROEX PHOTO SYSTEMS OPERATING SUPPLIES-GENERAL GENERAL BUILDING FACILITIES 52942 $38.00 DIXIE QUINN RFND PRESCHOOL PLAYGROUND PRESCHOOL .PLAYGROUND 52943 $48.00 RODRIGUEZ, SHEILA ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON ADVENTURE 52944 $42.00 ROFSHUS, CLAUDIA RFND JUNIOR TENNIS YOUTH TENNIS 52945 $9.00 VANDELAARSCHOT, PAULA RFND CAMP PRESCHOOL KIDS KORNER 52946 $44.50 WOLFGRAM, JANE RFND IN-LINE SKATING SUMMER SKILL DEVELOP 52947 $36.68 BULTMAN, JOHN MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 52948 $22.00 CHAFFEE, JEAN RFND NEW FOGEY FOLLIES ADULT PROGRAM 52949 $1,726.00 DUORAK, EDWIN RIGHT OF WAY & EASEMENTS TH212/SHADY OAK/FLYING CLOUD 52950 $2.00 GRAVES, MARIAN RFND T WRIGHTS TRIP SENIOR CENTER PROGRAM 52951 $33.04 MICHAEL W JACQUES MILEAGE AND PARKING PRESERVE LIQUOR #2 52952 $22.00 ARDIS & ROBERT MCCARTHY RFND NEW FOGEY FOLLIES ADULT PROGRAM J COUNCIL CHECK REGISTER 06-JUN-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 52953 $22.00 ROBERT MCCARTHY RFND NEW FOGEY FOLLIES ADULT PROGRAM 52954 $255.72 QUALITY WASTE CONTROL INC WASTE DISPOSAL WATER TREATMENT PLANT 52955 $15,290.62 RIEKE CARROLL MULLER ASSOCIATE DESIGN & CONST SW UTILITY STUDY PHASE II 52956 $450.00 SMITH, BETH RFND SCUBA POOL LESSONS 52957 $22.00 STRUCKMANN, JOSEPHINE RFND NEW FOGEY FOLLIES ADULT PROGRAM 52958 $132.12 AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 52959 $412.50 ALAN SHILEPSKY CONSULTING INC OTHER CONTRACTED SERVICES EQUIPMENT MAINTENANCE 52960 $15.00 ALL ABOUT BEER DUES & SUBSCRIPTIONS IN SERVICE TRAINING 52961 $4,222.39 AMERICAN ENGINEERING TESTING I OTHER CONTRACTED SERVICES WATER STORAGE-BAKER RD 52962 $910.07 AMERICAN LINEN DIRECT SALES CLOTHING & UNIFORMS INSPECTION-ADMIN . 52963 $179.43 AMERICAN LINEN SUPPLY COMPANY OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 52964 $266.25 AMERICAN PAGING OF MN COMMUNICATIONS CITY MANAGER 52966 $32.59 AQUA ENGINEERING INC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 52967 $227.29 ARBOURS GARDEN & FLORAL CENTER REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 52968 $800.00 ARNESON, GERALD HOPE LOAN RECEIVABLE HOPE LOAN PROGRAM . 52969 $362.39 ASTLEFORD EQUIPMENT COMPANY IN EQUIPMENT PARTS EQUIPMENT MAINTENANCE 52970 $431.08 AVR INC REPAIR & MAINT SUPPLIES STORM DRAINAGE 52971 $8,409.32 B & F DISTRIBUTING MOTOR FUELS EQUIPMENT MAINTENANCE 52972 $36.96 B & S TOOLS EQUIPMENT PARTS WATER SYSTEM MAINTENANCE 52973 $282.25 BACONS ELECTRIC COMPANY CONTRACTED REPAIR & MAINT WATER WELL #6 52974 $96.96 BAN-KOE SYSTEMS INC OPERATING SUPPLIES-GENERAL COMMUNITY CENTER ADMIN 52975 $34.81 BATTERIES PLUS OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 52976 $406.95 BAUER BUILT TIRE AND BATTERY CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 52977 $707.94 BELLBOY CORPORATION OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 52978 $342.50 BETH AND MORLEY BURNETT REPAIR & MAINT SUPPLIES ICE ARENA 52979 $237.50 BEV WRUCK OTHER CONTRACTED SERVICES SPECIAL EVENTS 52980 $337.50 BLAYLOCK PLUMBING CO CONTRACTED REPAIR & MAINT PARK MAINTENANCE 52981 $714.11 BLOOMINGTON LOCK AND SAFE REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS 52982 $9.00 BROADWAY AWARDS AWARDS RACQUETBALL 52983 $250.00 BUREAU OF ALCOHOL TOBACCO AND 41-0855460 PRAIRIE VILLAGE LIQUOR #1 52984 $162.70 BUSINESS & LEGAL REPORTS INC DUES & SUBSCRIPTIONS WATER UTILITY-GENERAL 52985 $1,293.84 CENTRAIRE INC CONTRACTED BLDG MAINT FIRE STATION #1 52986 $12.60 CITY OF RICHFIELD OPERATING SUPPLIES-GENERAL SENIOR CENTER PROGRAM 52987 $15.20 CO 2 SERVICES CHEMICALS POOL MAINTENANCE 52988 $281.67 CONNEY SAFETY PRODUCTS SAFETY SUPPLIES HUMAN RESOURCES 52989 $308.59 CONSTRUCTION MATERIALS INC OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 52990 $201.03 CONTINENTAL SAFETY EQUIPMENT OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 52991 $3,168.00 COOL AIR MECHANICAL INC REPAIR & MAINT SUPPLIES ICE ARENA 52992 $84.77 COPY EQUIPMENT INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 52993 $44.91 CROWN MARKING INC OFFICE SUPPLIES GENERAL 52994 $52.98 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL POLICE 52995 $8,220.40 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 52996 $156.13 DALCO CLEANING SUPPLIES EPCC MAINTENANCE 52997 $540.00 DAN DESAULNIERS OTHER CONTRACTED SERVICES SOFTBALL 52998 $255.60 DEALER AUTOMOTIVE SERVICES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 52999 $465.92 DEAN & ASSOCIATES AWARDS RACQUETBALL 53000 $66,186.41 DON RIHN TRANSPORT OTHER CONTRACTED SERVICES LIME SLUDGE 53001 $72.00 DOUGLAS PROHASKI OTHER CONTRACTED SERVICES SOFTBALL 53002 $48.00 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT 53003 $965.98 EARL F ANDERSON SIGNS TRAFFIC SIGNALING 53004 $74.56 ECOLAB INC CONTRACTED BLDG MAINT FIRE STATION #2 53005 $324.00 ED BRION OTHER CONTRACTED SERVICES SOFTBALL 53006 $102.00 EDEN PRAIRIE CHAMBER OF COMMER TRAVEL IN SERVICE TRAINING 53007 $75.40 EDEN PRAIRIE FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53008 $70.33 ELVIN SAFETY SUPPLY INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALING 4 COUNCIL CHECK REGISTER 06-JUN-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 53009 $2,590.86 EMERGENCY APPARATUS MAINTENANC EQUIP TESTING & CERTIFICATION FIRE 53010 $3,350.00 FEED-RITE CONTROLS INC CHEMICALS WATER TREATMENT PLANT 53011 $225.80 FIDELITY PRODUCTS CO CHEMICALS WATER TREATMENT PLANT 53012 $632.40 FINLEY BROS INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 53013 $216.00 FRANK LAVALLE OTHER CONTRACTED SERVICES SOFTBALL 53014 $30.14 FRANKLIN QUEST OPERATING SUPPLIES-GENERAL COMMUNITY SERVICES 53015 $648.15 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS EPCC MAINTENANCE 53016 $554.32 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA 53017 $126.00 GERALD 0 ZAHN OTHER CONTRACTED SERVICES VOLLEYBALL 53018 $122.30 GETTMAN COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 53019 $132.39 GINA MARIAS INC OPERATING SUPPLIES-GENERAL CIVIL DEFENSE 53020 $87.03 GLENWOOD INGLEWOOD REPAIR & MAINT SUPPLIES - FITNESS CENTER 53021 $133.28 GLOBAL COMPUTER SUPPLIES MISC FIRE EQUIPMENT HUMAN RESOURCES 53022 $243.25 GOPHER STATE ONE-CALL INC OTHER CONTRACTED SERVICES WATER UTILITY-GENERAL 53023 $305.12 GREATER MINNEAPOLIS AREA CHAPT REC EQUIP & SUPPLIES POOL LESSONS . 53024 $329.96 GUNNAR ELECTRIC CO INC CONTRACTED REPAIR & MAINT CIVIL DEFENSE 53025 $18.75 HACH COMPANY OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 53026 $141.00 HARMON FULL SERVICE GROUP REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 53027 $180.00 HARRY ORTLOFF OTHER CONTRACTED SERVICES SOFTBALL 53028 $27.50 HEAVENLY HAM TRAVEL POLICE 53029 $1,207.25 HENNEPIN COUNTY SHERIFF CLOTHING & UNIFORMS POLICE 53030 $2,600.00 HENNEPIN COUNTY TREASURER BOARD OF PRISONERS SVC POLICE 53031 $336.25 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 53032 $216.04 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINTENANCE 53033 $288.00 HIMLIE, ADAM OTHER CONTRACTED SERVICES SOFTBALL 53034 $798.76 HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 53035 $54.64 HOLIDAY INN HOTEL & SUITES SCHOOLS POLICE 53036 $3,700.38 HORIZONGRAPHICS PRINTING COMMUNITY SERVICES 53037 $205.46 HYDRAULIC SPECIALTY CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 53038 $50.00 IAAI MEMBERSHIP DUES ALLEN NELSON IN SERVICE TRAINING 53039 $319.64 IKON OFFICE SOLUTIONS OFFICE EQUIP MAINT WATER UTILITY-GENERAL 53040 $1,149.22 ITS A KEEPER EMPLOYEE AWARD _ HUMAN RESOURCES 53041 $827.78 JANEX INC CLEANING SUPPLIES EPCC MAINTENANCE 53042 $100.00 JANKE, JULIE INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 53043 $221.40 JOHNSON, DALE REPAIR & MAINT SUPPLIES 1993 REHAB 54044 53044 $513.41 KILLMER ELECTRIC CO INC CONTRACTED REPAIR & MAINT STREET LIGHTING 53045 $450.00 KING EQUIPMENT INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 53046 $1,104.28 KINKOS INC PRINTING STREET MAINTENANCE 53047 $73.54 LAB SAFETY SUPPLY INC TRAINING SUPPLIES HUMAN RESOURCES 53048 $75.00 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS PUBLIC WORKS/PARKS 53049 $2,016.48 LAKE REGION VENDING TOBACCO PRODUCTS PRESERVE LIQUOR #2 53050 $387.04 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53051 $515.05 LEAGUE OF MINNESOTA CITIES INS INSURANCE GENERAL 53052 $180.00 LEE BRANT OTHER CONTRACTED SERVICES SOFTBALL 53053 $95.00 LERN DUES & SUBSCRIPTIONS COMMUNITY BROCHURE 53054 $90.49 MACQUEEN EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53055 $19.21 MARKS HWY 5 AMOCO MOTOR FUELS EQUIPMENT MAINTENANCE 53056 $1,429.70 MASYS CORPORATION CONTRACTED COMM MAINT POLICE 53057 $326.88 MCGLYNN BAKERIES TRAVEL WATER UTILITY-GENERAL 53059 $160.18 METRO ATHLETIC SUPPLY OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 53060 $338.86 METRO SALES INCORPORATED OFFICE SUPPLIES GENERAL 53061 $959.00 METROPOLITAN AREA PROMOTIONS C PRINTING COMMUNITY SERVICES 53062 $1,109.55 MID-NORTHERN ELECTRIC BUILDING EP CITY CTR OPERATING COSTS 53063 $355.70 MIDLAND EQUIPMENT COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53064 $121,118.80 MIDWEST ASPHALT CORPORATION IMPROVEMENT CONTRACTS VALLEY VIEW & CO RD 4 COUNCIL CHECK REGISTER 06-JUN-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 53065 $400.00 MILLAR ELEVATOR SERVICE CO REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 53066 $41,078.00 MINGER CONSTRUCTION INC IMPROVEMENT CONTRACTS SUNNYBROOK RD W HOMEWARD HILLS 53067 $19,084.23 MINNESOTA DEPT OF HEALTH 1270010 EP WATER SYSTEM SAMPLE 53068 $126.56 MINNESOTA WANNER COMPANY REPAIR & MAINT SUPPLIES PARK MAINTENANCE 53069 $503.53 MINUTEMAN PRESS PRINTING INSPECTION-ADMIN 53070 $590.00 MMBA DUES & SUBSCRIPTIONS PRAIRE VIEW LIQUOR #3 53071 $8,275.00 MOODYS INVESTORS SERVICE ' BOND ISSUE COSTS B & I PAYMENTS 53072 $519.80 MOORE MEDICAL CORP SAFETY SUPPLIES FIRE 53073 $158.98 MTI DISTRIBUTING CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 53074 $574.31 MUNICILITE NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 53075 $300.00 MUNITECH INC CONTRACTED REPAIR & MAINT WATER METER REPAIR 53076 $74.89 MUSIC GO ROUND OPERATING SUPPLIES-GENERAL ART & MUSIC 53077 $860.00 NATHAN D BUCK OTHER CONTRACTED SERVICES SOFTBALL 53078 $8,200.00 NEIGHBORHOOD BLDG & REMODELING OTHER CONTRACTED SERVICES 1993 REHAB 54044 53079 $332.30 NETS POLICE EQUIPMENT POLICE 53080 $605.41 NORTH STAR ICE MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 53081 $5.00 NRPA PUBLICATIONS CENTER OPERATING SUPPLIES-GENERAL REC SUPERVISOR 53082 $355.71 OCHS BRICK AND TILE COMPANY REPAIR & MAINT SUPPLIES SEWER SYSTEM MAINTENANCE 53083 $135.15 OHLIN SALES POLICE EQUIPMENT POLICE 53084 $76.68 OLSON CHAIN & CABLE CO INC OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 53085 $50.00 OLSON, KATIE PROFESSIONAL SERVICES POLICE 53086 $352.98 OPM INFO SYSTEMS, BRAD STARR CONTRACTED REPAIR & MAINT COMMUNITY DEVELOPMENT 53087 $260.50 PARK NICOLLET CLINIC HEALTHSYS PROFESSIONAL SERVICES HUMAN RESOURCES 53088 $1,163.50 PAUL BROWN OTHER CONTRACTED SERVICES VOLLEYBALL 53089 $585.00 PERFORMANCE DRIVING INC SCHOOLS POLICE 53090 $10,361.33 PETERSON ENVIRONMENTAL CONSULT OTHER CONTRACTED SERVICES STORM DRAINAGE 53091 $358.45 PINNACLE DISTRIBUTING TOBACCO PRODUCTS PRAIRE VIEW LIQUOR #3 53092 $206.08 PITNEY BOWES INC POSTAGE GENERAL 53093 $447.30 PORTOLITE PRODUCTS NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 53094 $74.85 PRAIRIE CYCLE & SKI CONTRACTED REPAIR & MAINT POLICE 53095 $234.30 PRAIRIE EQUIPMENT COMPANY EQUIPMENT TESTING & CERT STREET MAINTENANCE 53096 $60.22 PRAIRIE LAWN AND GARDEN OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 53097 $34,321.39 PRECISION PAVEMENT MARKING CONTRACTED STRIPING TRAFFIC SIGNALING 53098 $50.00 PRESTEGARD, ANGIE PROFESSIONAL SERVICES POLICE 53099 $170.50 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES ICE ARENA 53100 $1,548.12 PRINTING ESSENTIALS OPERATING SUPPLIES-GENERAL FIRE 53101 $766.01 QUALITY WASTE CONTROL INC 3513934 PRESERVE LIQUOR #2 53102 $353.25 R E FRITZ INC OPERATING SUPPLIES-GENERAL FIRE 53103 $85.18 RADIO SHACK SAFETY SUPPLIES ROUND LAKE-BEACH 53104 $20.26 RAINBOW FOODS OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM 53105 $123.33 REAL GEM AWARDS COUNCIL 53106 $396.00 REIN, SCOTT OTHER CONTRACTED SERVICES SOFTBALL 53107 $441.71 RESPOND SYSTEMS SAFETY SUPPLIES HUMAN RESOURCES 53108 $90.26 RIA GROUP OPERATING SUPPLIES-GENERAL WATER UTILITY-GENERAL 53109 $89.40 RIGID HITCH INCORPORATED EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53110 $14.95 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 53111 $216.00 ROEGIERS, BRAD OTHER CONTRACTED SERVICES SOFTBALL 53112 $76.80 ROGERS SERVICE CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53113 $122.28 S & S WORLDWIDE OPERATING SUPPLIES-GENERAL AFTERNOON PLAYGROUND 53114 $114.98 SHERWIN WILLIAMS BLDG REPAIR & MAINT WELL #3 53115 $1,534.13 SIMPLEX TIME RECORDER CO CONTRACTED REPAIR & MAINT EPCC MAINTENANCE 53116 $616.41 SISINNI FOOD SERVICE MISCELLANEOUS IN SERVICE TRAINING 53117 $88.08 SKARNES INCORPORATED EQUIPMENT PARTS WATER TREATMENT PLANT 53118 $55.51 SMITH & WESSON CONTRACTED REPAIR & MAINT POLICE 53119 $156.51 SNAP-ON TOOLS EQUIPMENT PARTS WATER TREATMENT PLANT COUNCIL CHECK REGISTER 06-JUN-1997 (14:53) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 53120 $2,229.59 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES POOL MAINTENANCE 53121 $477.54 SOUTHWEST CONTRACTORS SUPPLY OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALING 53122 $144.00 SOVEREIGN, DAVE OTHER CONTRACTED SERVICES SOFTBALL 53123 $3.50 SPORTS MUSIC INC OPERATING SUPPLIES-GENERAL FITNESS CLASSES 53124 $2,175.46 ST JOSEPH EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53125 $140.00 STATE OF MN - DEPT OF LABOR & LICENSES & TAXES EPCC MAINTENANCE 53126 $158.69 STEVE LUCAS PHOTOGRAPHY PHOTO SUPPLIES COUNCIL 53127 $3,343.87 STREICHERS TRAINING SUPPLIES POLICE 53128 $38.00 SUPERINTENDANT OF DOCUMENTS DUES & SUBSCRIPTIONS HUMAN RESOURCES 53129 $155.56 SUPREME SALES CO INC POLICE EQUIPMENT POLICE 53130 $185.00 SURVIVALINK CORP POLICE EQUIPMENT POLICE 53131 $2,000.00 TEENS ALONE PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC 53132 $153.37 THE DALE GREEN COMPANY LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 53133 $360.00 TOM HOLMES OTHER CONTRACTED SERVICES SOFTBALL 53134 $290.75 TOWN AND COUNTRY DODGE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53135 $1.30 TRANS UNION CORP OF MPLS/ST PA PROFESSIONAL SERVICES POLICE 53136 $177.64 TRUGREEN CHEMLAWN MTKA CITY CENTER GROUNDS MNTC FIRE STATION #3 53137 $196.59 TWIN CITY OXYGEN CO CREDIT FROM ACCOUNT 04555 EQUIPMENT MAINTENANCE 53138 $794.48 UNIFORMS UNILIMITED CLOTHING & UNIFORMS FIRE 53139 $30.00 UNITED FIREFIGHTERS ASSN DUES & SUBSCRIPTIONS FIRE 53140 $360.00 UPPER MIDWEST SALES CO OTHER CONTRACTED SERVICES VOLLEYBALL 53141 $16,272.09 US FILTER/WATERPRO EQUIPMENT PARTS WATER METER REPAIR 53142 $82.50 USA WASTE SERVICES INC WASTE DISPOSAL STREET MAINTENANCE 53143 $18,168.69 VALLEY RICH CO INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE 53144 $308.00 VICTORIA REPAIR & MFG CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE 53145 $61.98 VOSS LIGHTING REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 53146 $3,550.00 W H PORTER INC BUILDING MATERIALS RED ROCK PARK 53147 $191.70 WALDOR PUMP & EQUIPMENT CO EQUIPMENT PARTS WATER TREATMENT PLANT 53148 $839.01 WALMART STORES INC PHOTO SUPPLIES POLICE 53149 $80.00 WALTERS SWIM SUPPLIES INC SAFETY SUPPLIES ROUND LAKE-BEACH 53150 $281.81 WARNING LIGHTS OF MINNESOTA RENTALS SEWER SYSTEM MAINTENANCE 53151 $336.16 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 53152 $17.72 WAYTEK INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 53153 $20.00 WBCS OTHER CONTRACTED SERVICES COMMUNITY BROCHURE 53154 $150.00 WEATHER WATCH INC OTHER CONTRACTED SERVICES SNOW & ICE CONTROL 53155 $625.00 WEST SUBURBAN MEDIATION CENTER PROFESSIONAL SERVICES COMMUNITY SERVICES 53156 $134.17 WINSTON & MORRONE PC OPERATING SUPPLIES-GENERAL FINANCE DEPT 53157 $29.32 ZEE MEDICAL SERVICE SAFETY SUPPLIES COMMUNITY CENTER ADMIN 53158 $3,187.64 ZIEGLER INC CONTRACTED REPAIR & MAINT WATER WELL #6 $669,245.65* 9 COUNCIL CHECK SUMMARY 09-JUN-1997 (11:34) DIVISION TOTAL GENERAL SERVICES $37.53 FACILITIES $7.96 POLICE $5.19 STREETS & TRAFFIC $12.68 PARK MAINTENANCE $12.22 FLEET SERVICES $585.11 ORGANIZED ATHLETICS $49.13 COMMUNITY CENTER $2,128.93 YOUTH RECREATION $100.07 OAK POINT POOL $175.73 DEBT SERVICE PAYMENTS $97,375.00 SPECIAL ASSESSMENTS $347,774.60 CITY CENTER $85.29 PRAIRIE VILLAGE $10,431.72 PRAIRIEVIEW $15,490.54 PRESERVE $5,160.62 WATER DEPT $4,629.50 $484,061.82* 0 COUNCIL CHECK REGISTER 09-JUN-1997 (11:34) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 38 $137,974.54 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 39 $75,822.85 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG 40 $75,822.85 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG 41 $58,154.18 MINNESOTA DEPARTMENT OF REVENU STATE TAXES WITHHELD FD 10 ORG 42 $438.40 MN DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE 43 $38,474.00 MINNESOTA DEPARTMENT OF REVENU SALES TAX PAYABLE FD 10 ORG 44 $97,375.00 NORWEST BANK MN N.A. PRINCIPAL 92 STATE AID DEBT $484,061.82* /I CITY COUNCIL AGENDA Date: June 17, 1997 Section: Appointments Department: PRNR Item Description: Establish a Working Group to Item No.: Laurie Helling,Manager of Investigate and Recommend Community Uses at the Recreation Services d Eden Prairie Center and Appointment of Members Through: Bob Lambert, x A Director of Parks, Recreation&Natural Resources; Chris Enger, Assistant City Manager REQUEST: Staff requests that the City Council establish a Working Group, which will serve as a community liaison with General Growth to determine how to best utilize the space at the Eden Prairie Center that General Growth is proposing to provide for community use. The Working Group would report directly to the City Council. RECOMMENDED MEMBERS: Staff recommends that the following individuals be appointed to the Working Group: Association/Affiliation Group Representative City Council At the June 17, 1997 City Council meeting, a representative should be appointed to serve on the Working Group. Arts Commission Deb Campbell Potter, Chairperson Heritage Preservation Commission Jane Hession, Chairperson Historical Society Marie Wittenberg, Chairperson Arts Task Force At the June 17, 1997 Arts Commission meeting, the Commission will recommend a representative from the Arts Task Force to serve on the Working Group. BACKGROUND: On August 6, 1996 the topic of an Art Center was discussed at the Joint City Council/Arts Commission meeting,due to the recent action by the Staring Arts Board to dissolve the Staring Arts Center, Inc. non-profit organization effective September 30, 1996. During this meeting, the Arts 1 Commission expressed that they still support the concept of an Arts Center in Eden Prairie. The City Council said they would like to have the concept continue to be developed. The Arts Commission accepted the charge by the City Council, and agreed to form an Arts Task Force in the next six to nine months, On April 14, 1997, the Eden Prairie Arts Commission hosted a Center for the Arts informational meeting. Thirteen individuals attended this first Arts Task Force meeting at the City Center, which was facilitated by Deb Campbell Potter,the Arts Commission Chair. Representatives at the meeting included: Arts Commission members,past Staring Arts Board members, Arts Advocates and School District and City Staff. The group discussed the proposed public use space at the Eden Prairie Shopping Center. This public space is seen as a resource, as well as an attraction in the community which could provide broad cultural program opportunities in both art and history. On May 7, 1997 representatives from the Eden Prairie Heritage Preservation Commission and the Historical Society were invited to attend the Arts Task Force meeting. The informational meeting was scheduled to talk with other possible users of the space(5,000 square feet) at the Eden Prairie Shopping Center to determine similarities in the types of uses and how each group may be able to contribute to the community space. Three possibilities for use of the space were discussed: 1)arts, 2)history, and 3) a community service center. Last year,prior to the Staring Arts Board decision to dissolve the Staring Arts Center, Inc.,the City was considering utilizing space at the Eden Prairie Center for an Arts Center. The Arts Commission and the Arts Task Force support that effort. However, representatives from General Growth have expressed to City staff that they would like to see the community space used in a multitude of ways, drawing mixed people to the Eden Prairie Center for a variation of reasons (arts classes and exhibits, history displays, community services, etc.). The establishment of a Working Group would broaden the focus on how to best utilize the space at the Eden Prairie Center for community use. RULES AND RESPONSIBILITIES: Arts Commission and Arts Task Force The Eden Prairie Arts Commission was established for the purpose of advising the Council on matters pertaining to activities,programs, and facilities of artistic significance to the City , and to implement programs of artistic value. The Eden Prairie Arts Commission along with the Arts Task Force will be responsible for determining what the Art Center needs are in this community. • number of class rooms • size of class rooms • size of gallery • size of gift shop • program outline • how the space would be operated 2 • who would operate the space • proposed budget Heritage Preservation Commission The Eden Prairie Heritage Preservation Commission was established for the purpose of safeguarding the heritage of the City by preserving sites and structures which reflect significant elements of the City's cultural, social, economic,political, visual or architectural history; promoting the preservation and continued use of historic sites and structures for education and general welfare of the people of the City;and foster civic pride in the beauty and notable accomplishments of the past. The Heritage Preservation Commission would be responsible for determining what historical programs, educational programs, etc. that could be offered. Historical Society The Historical Society would be responsible for determining what could be used for permanent displays,the best ways to display, etc. CLOSING COMMENTS: If you have any questions or concerns regarding this request, please review with me at your earliest convenience. Thank you for your consideration of this request. LH:mdd c: Bob Lambert, Director of Parks,Recreation and Natural Resources Chris Enger, Assistant City Manager John Gertz,Historic Preservation Specialist Arts Commission Heritage Preservation Commission Historical Society Arts Task Force 3 , EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-17-97 SECTION: CONSENT CALENDAR ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger EQUITABLE OFFICE BUILDING Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: 1. Approve 2nd Reading of the Ordinance for PUD District Review on 7.95 acres and Zoning District Change from Rural to Office on 7.95 acres; 2. Approval of a Developer's Agreement. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Amendment 2. Developer's Agreement EQUITABLE OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 25-97-PUD-16-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Office Zoning District 25-97-PUD-16-97 (hereinafter "PUD-16-97-Office"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 17, 1997, entered into between Edenvale Partners LLC, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-16-97-Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-16-97-Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-16-97-Office designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-16-97-Office are justified by the design of the development described therein. D. PUD-16-97-Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-16-97-Office 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 20th day of May, 1997, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of June, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on EQUITABLE OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 25-97-PUD-16-97 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 Equitable Drive from Rural to Office on 7.95 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. Frane /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 Equitable Office Building Legal Description OUTLOT A, EDENVALE 23RD ADDITION, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. DEVELOPER'S AGREEMENT EQUITABLE OFFICE BUILDING THIS AGREEMENT, made and entered into as of June 17, 1997, by Edenvale Partners, LLC, a Minnesota Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for 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, Site Plan Review on 7.95 acres, and Preliminary Plat of 7.95 acres into one lot situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Resolution No. for PUD Concept Review, Ordinance No. for PUD District Review and Zoning District Change, Resolution No. for Site Plan Review, Resolution No. for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials submitted by Developer and revised and dated reviewed and approved by the City Council on , and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for sanitary sewer, water, interim irrigation systems and storm sewer. Developer shall complete the implementation of the approved utility 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 identified on the grading plan in Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. 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, 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, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation of the approved plan prior to the issuance of any occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 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 written 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. 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. 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 30 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. PUD WAIVERS GRANTED: To the extent depicted in Exhibit B, City hereby grants the following waivers to City Code requirements within the Commercial District through the Planned Unit Development District Review for the Property, and incorporates said waivers as part of PUD A. Parking setback from 35 to 25 feet, as shown on Exhibit B, attached hereto. OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of by and between , hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No._ , changing the zoning of the Property owned by Owner from the District to the District, and Resolution No. for Site Plan Review and Resolution No. , and Resolution No. for Preliminary Plat as more fully described in that certain Developer's Agreement entered into as of , by and between ., a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If ., fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the City's reconsideration and rescission of the Planned Unit Development,Rezoning, Site Plan Review, and Preliminary Plat as identified above, thus restoring the existing status of the property before this project was approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. MEMORANDUM TO: Mayor and City Councilmembers THROUGH: Carl J. Jullie, City Manager FROM: Natalie Swaggert, Director of Human Resources, Community Information and Services DATE: June 12, 1997 SUBJECT: City Council Value Statements Attached are the five Value Statements we drafted at the May 27 Council Workshop for your final review. At the Tuesday, June 17 Council Workshop, time will be allocated for final discussion in preparation for formal adoption of the Value Statements. Once adopted we will communicate the Value Statements to staff and members of our boards and commissions. The next step in the Strategic Management process will be the review and modification of the City Mission Statement to ensure if reflects the new Value Statements. CJJ:NJS:bmm Natalie's correspondence\1997 info memos\97m-cc6.wpd erj City of Eden Prairie Strategic Management Value Statements We will actively seek information through an open process, and make decisions only after careful consideration. We will make decisions that support the long term needs and vision of the community. We will foster a safe and caring community that welcomes and enhances economic, ethnic, cultural, and life-cycle diversity. We will balance competing needs/interests within the framework of community resources. We will make decisions that are fiscally sound and sustainable. Adopted by the Eden Prairie City Council this June 17, 1997. ,99„vv..tht pd my 6/9]Wmm