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City Council - 07/15/1997
CITY COUNCIL/STAFF WORKSHOP STRATEGIC MANAGEMENT /VISION 2001 TUESDAY, JULY 15, 1997 6:00 PM, CITY CENTER Heritage Room IV COUNCILMEMBERS: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorbnnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: Assistant City Manager Chris Enger, Director, Director of Public Works Gene Dietz, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Human Resources, Community Information & Services Natalie Swaggert, and Recording Secretary ROLL CALL I. CALL MEETING TO ORDER II. UPDATE AND MODIFICATION OF CITY VISION STATEMENT III. DISCUSSION OF VISION 2001 PROCESS IV. OTHER BUSINESS V. ADJOURNMENT *Light Buffet will be available throughout the workshop. City of Eden Prairie MISSION STATEMENT We are committed to the growth of Eden Prairie as a city of unique character where people can live, work, shop, and play, and where planning for the future and delivery of public services contributes to a high-quality of life for all and a strong sense of community based on "Pride through Excellence." MOTTO: Pride Through Excellence Adopted by City Council 1987 City of Eden Prairie VISION "Our vision is that the City of Eden Prairie will become known as a truly user-friendly, quality-driven public service organization." prepared by Management Staff April 22, 1993 h:\M muval\97vimu>v pd 1 mm Rev 1/97 madam prairie City of Eden Prairie VISION STATEMENT MOTTO: Pride Through Excellence �o e� 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 City Council June 17, 1997 �� Q . �'v AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 15, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION OF THE CITY ACHIEVEMENT AWARD FOR THE EDEN PRAIRIE HOPE PROGRAM TO THE CITY OF EDEN PRAIRIE AND THE HOUSING, TRANSPORTATION & SOCIAL SERVICES BOARD FROM THE LEAGUE OF MINNESOTA CITIES I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES • A. CITY COUNCIL JOINT MEETING WITH EDEN PRAIRIE CHAMBER OF COMMERCE HELD TUESDAY. JULY 1, 1997 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 1, 1997 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION OF SUPPORT FOR A HENNEPIN COUNTY APPLICATION FOR ISTEA FUNDING OF CSAH 1 BETWEEN EDEN PRAIRIE ROAD AND TH212 City Council Agenda Tuesday, July 15, 1997 Page Two C. ADOPT RESOLUTION OF SUPPORT FOR A HENNEPIN COUNTY APPLICATION FOR ISTEA FUNDING OF TH101 BETWEEN CSAH 62 AND TH5 D. CAR-X MUFFLER AND BRAKE by Cook Properties - Eden Prairie, L.L.C. 2nd Reading of the Ordinance for Zoning District Change from Rural to C-Reg-Ser on .56 acres, Adopt the Resolution for Site Plan Review on 0.56 acres and Approval of a Developer's Agreement for Car-X Muffler and Brake for Brian Cook. Location: 8108 Eden Road. (Ordinance for Zoning District Change and Resolution for Site Plan Review) E. APPROVE CHANGE ORDER NO. 3 FOR DEN ROAD MUNICIPAL LIQUOR STORE F. RESOLUTION AWARDING BID FOR ONE LIGHT RESCUE SQUAD FOR THE EDEN PRAIRIE FIRE DEPARTMENT. I.C. 97- 5436) V. PUBLIC HEARINGS/MEETINGS A. MUSA LINE EXPANSION Adopt the Resolution for Comprehensive Guide Plan Amendment. (Resolution for Comprehensive Guide Plan Amendment) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2 RELATING TO THE SALE OF ABANDONED PROPERTY VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST FROM RADIATOR WAREHOUSE TO REVIEW THE BOARD OF ADJUSTMENTS AND APPEALS - DENIAL OF VARIANCE 97-8 (AN EXTENSION OF VARIANCE 96-9). IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS City Council Agenda Tuesday, July 15, 1997 Page Three X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. MILLER SPRING IMPROVEMENT PROJECT 2. JULY FOURTH CELEBRATION UPDATE D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. RESOLUTION AUTHORIZING SALE OF PARKS/PUBLIC WORKS MAINTENANCE BUILDING AND FIRE STATION NO. 1 TO MnDOT FOR TH212 RIGHT-OF-WAY PURPOSES F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT Urn rig UNAPPROVED MINUTES JOINT MEETING CITY COUNCIL/EDEN PRAIRIE CHAMBER OF COMMERCE TUESDAY, JULY 1, 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, Assistant Finance Director Don Uram, City Planner Mike Franzen, Director of Human Resources & Community Services Natalie Swaggert and Council Recorder Jan Nelson CHAMBER OF COMMERCE: Executive Director Lisa Sisinni, Eden Prairie Chamber Board Members Mary Jane Wissner, Ann Florenzano, and Scott Thiss ROLL CALL Councilmember Thorfinnson was absent. I. CALL MEETING TO ORDER Mayor Harris called the meeting to order at 6:40 p.m. II. IDENTIFY ISSUES FOR JOINT INVOLVEMENT (i.e. property taxes) Sisinni said the Chamber Board has discussed identifying issues that the Chamber might get involved in. She wondered where the City sees the issue of property taxes going and if there is something the Chamber could go ahead with as a unified force to the legislature. She thought some progress has been made, but they believe it needs to go further. She noted the City gave a vote of confidence to their statement on property taxes, but we haven't done anything to move forward with that. Harris noted there is very little that the City does in terms of independent lobbying. Jullie said the tax bill passed, but we are still waiting to see what will come out of that. We won't know until sometime in August what our tax capacity is and what our levy limit means to us. He noted the rates give a break to commercial/industrial properties, but they have provided an offset to it as a tax credit for part of the school taxes. As the rates continue to be compressed, we will have the problem of a shift to residential properties. Sisinni noted they don't always agree with what the State Chamber comes out with. She hoped there would be some move to keep some of the money here in our community. She thought we might target something other than the rates and see if there are some common messages that we would like to send. CITY COUNCIL/EDEN PRAIRIE CHAMBER OF COMMERCE JOINT MEETING July 1, 1997 Page 2 Thiss said the Chamber's Property Tax Committee learned from their meeting with Carl Jullie. They can now help carry the community message to the Chamber membership. It was very helpful to see what the City's position is. He thought there may be other areas where we could exchange ideas. Wissner thought the open dialogue was good. Harris thought dialogue is useful for consolidating thoughts on where we want to stand on an issue. There may be regional issues where we might like to have the same message going out to our representatives. Enger thought we could explore ways to have more of the tax money stay within the community. He noted TIF money has been continually tinkered with over the last few years. There seems to be a presumption of past abuses, and the presumption that we should continue to tighten up TIF. We have been involved in TIF with General Growth and some others, and this is the only offset we have for business. It allows communities across the board to get some new businesses. We see additional attacks every year on the use of TIF. While we have used TIF very sparingly, we see it as an application for funding the crunch in transportation. Enger believed Bloomington got an exemption from fiscal disparities on their TIF for the Mall of America. Sisinni said she had heard something similar with regard to the airport expansion. She thought it might be a negotiating tool. Enger noted we did not have very much leverage left with the airport commission except our discussing the disposition of about$14.5 million of property taxes and special assessments if the airport goes ahead with the additional acquisition of land. He thought we need to negotiate with them so that we don't lose everything at the local level for the benefit of the region. Sisinni thought that would be an area the Chamber would be very interested in working together on to give the same message. Harris thought we each have different networks, and it would be helpful to be able to reach into those networks to bring additional pressure to bear and educate people about the issue. Sisinni thought TIF should be one area we could work on together, and we could develop some sort of incentives with regional groups in terms of the airport. She thought there are ways to work towards the same goal on property taxes. Enger noted our tax base is higher to the extent that we can capitalize on commercial/industrial growth. Sisinni asked if the services necessary from the City for commercial/industrial buildings is less than residential. Enger said a strong commercial/industrial base pays a lot of the freight for a property tax, with schools being the big component. Parks are used by the industrial leagues but the major windfall would be in the area of school usage. Tyra-Lukens asked what the difference would be without the school portion of the picture. Enger said we will have to see what the legislature did in terms of the changes to commercial/industrial rates. Swaggert thought there are expenses associated with increased traffic. They are not sure what the impact would be from a human services point of view as there would be a lot of indirect costs. Harris noted it is probably a mixed bag. 2 CITY COUNCIL/EDEN PRAIRIE CHAMBER OF COMMERCE JOINT MEETING July 1, 1997 Page 3 Sisinni said one of the visions she has is that the City and the Chamber could identify one issue as a pilot issue to work on together. Jullie said one of the major issues we are dealing with is traffic congestion. There were some serious efforts made to get additional funding for transportation; however, he understands from the Met Council that the Governor does not support an increased gas tax because he does not believe the major business people support a gas tax increase. Sisinni asked if we thought an increase in the gas tax would relate back to Eden Prairie. Jullie thought the extra lanes on I-494 would be a good candidate for funding if there was something there. Harris thought that should be part of the discussion; however a gas tax increase would be state wide and she was not sure whether the governor is supportive in general of a gas tax increase. Sisinni said she couldn't say the businesses feel one way or the other on this issue. Harris thought we will see some type of volume pricing put on I-494 and all new construction. Sisinni said she had heard some discussion about the possibility of individual cities being able to implement some type of sales tax on gas for their own use that would have to be okayed by the legislature. III. LAND USE ISSUES (i.e. City's desires for remaining parcels in Major Center Area and how Chamber can assist) Sisinni said their main question here was does the City have a process in place for some proactive approach to how the remaining land will be used, not just as to how it is zoned but to the point of identifying the things that we need and determining where the best place is for that. One thing that comes up often is that we don't have a restaurant that serves breakfasts. She thought the motels that have gone up would have been good locations to recruit a restaurant that serves breakfast. She would like to find some ways they could help identify some of the things that are needed and be proactive to get those needs filled on the remaining parcels. Enger said the result of the process that goes on is not always what the individuals would like. We have had discussions about what it is we need and who will be happy or not. We are actively promoting the commercial property left in the city and have set goals for that property; however we tread a fine line when we seem to be in the development process. Sisinni asked if projects are turned down because they don't fit the process. Enger said we turn it down because it doesn't fit the goals the City sets. We got into this when WalMart came into town. The City bought the property across the street from WalMart because we realized we couldn't control the use; however, the question is how do you control the kind of commercial that goes in. He said we have been very active in the last ten years to actively distract uses that we don't believe fit on a particular site to another site we believe would be better. He said the next step would be for us to get actively involved in a brokerage function, and we have not done that. 3 CITY COUNCIL/EDEN PRAIRIE CHAMBER OF COMMERCE JOINT MEETING July 1, 1997 Page 4 Sisinni said their Economic Development Committee has toyed with the idea of getting involved in actively pursuing businesses in other communities and states and they would like to pursue that. Harris said that is part of the 2001 plan. We have the issue of whether we are at the stage where we need an economic development function because we would like to see certain amenities in the city. The question is how the Chamber could help and how they would go about it. She didn't know that we have a formal structure, but we may need to cross that line. Sisinni said everybody wants to have as much control as possible. She thought we need to weigh the cost benefits against not doing anything and waiting. Enger noted the example of renovating the Eden Prairie Center which was an aggressive move on the City's part. They recognized that has languished for 25 years and that could have an impact on the development of the rest of Eden Prairie. TIF financing has given the City a way to say we have to give our stamp of approval on the uses that can go into the renovation. Tyra-Lukens noted that we lobbied Nordstrom's to build here. Jullie said some of our housing initiatives are proactive efforts to get affordable housing so businesses can get employees. Uram noted this will take a full blown effort to pursue, and he wondered how serious the Chamber is in their quest to recruit businesses. Sisinni said they don't have any preconceived notions as to what these things are. They just wanted to know if there is a process to determine what we need in the community and where is the zoning appropriate for those needs. We could then take the next step, and they would be interested in providing a forum for those types of discussions. Enger said it would be helpful to find out what things are involved, perhaps through a brain-storming session that the Chamber might sponsor. He noted there are a number of restaurants that started downtown that want to start a franchise in the suburbs. Sisinni did not think we would get a restaurant like those in the Linden Hills neighborhood. Butcher-Younghans said we might consider tying in one of the historic sites such as the Moore House for use as a restaurant. IV. SITE VISITS TO EDEN PRAIRIE BUSINESSES V. INFORMATION TO THE CHAMBER ON CITY'S BUDGETING PROCESS VI. OTHER BUSINESS VII. ADJOURNMENT Harris thought there had been good discussion on the first two items. She thought we might want to have an executive forum and invite the CEO's from the businesses in the city CITY COUNCIL/EDEN PRAIRIE CHAMBER OF COMMERCE JOINT MEETING July 1, 1997 Page 5 to a jointly-sponsored Chamber/City luncheon. We could talk about what is happening in the City and get their input. The consensus was to pursue that idea. Sisinni thought one of the most important things to come out of such a meeting would be that the CEO's have said they don't have a regular opportunity to meet one another and this would help build a community feeling. Harris said we will be back in contact with the Chamber and will identify two people to work with them on the forum. Mayor Harris adjourned the meeting at 7:28 p.m. S UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 1, 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 Councilmember Thorfinnson was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XI.A.1. Suggestion for Next Quarterly City Newsletter and item XI.A.2. Water Surcharge. Tyra-Lukens added item XI.A.3. Discussion of Noice Ordinance. Jullie said City Attorney Pauly wants to meet with the Council in Closed Session following adjournment of the regular meeting. MOTION: Case moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried 4-0. II. OPEN PODIUM Lori Helling, Manager of Recreation Services, displayed the shirt the Recreation Department has designed as part of the celebration of July as National Parks and Recreation month. The shirts will be available to residents for a reasonable price. III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY. JUNE 17. 1997 MOTION: Butcher-Younghans moved, seconded by Case, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, June 17, 1997. Motion carried 4-0. CITY COUNCIL MINUTES July 1, 1997 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY. JUNE 17. 1997 Butcher-Younghans said sentence 1, paragraph 1, page 7 should be changed to "Griffith noted the shoreland ordinance maintains certain things such as prohibiting them from removing brush closer than 75 feet to the lake." MOTION: Tyra-Lukens moved, seconded by Case, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, June 17, 1997. Motion carried 4-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 97-119 APPROVING FINAL PLAT OF EXTENDED STAY AMERICA (located at the Southwest Quadrant of Valley View Road and Office Ridge Center) C. RESOLUTION 97-120 APPROVING FINAL PLAT OF THE BLUFF AT RIVERVIEW 2ND ADDITION (located South of Riverview Road and West of Concord Drive) D. APPROVE CHANGE ORDER NO. 1 FOR PARKS/PUBLIC WORKS MAINTENANCE FACILITY E. APPROVE CHANGE ORDER NO. 1 FOR MIGHTY DUCKS PROJECT F. RESOLUTION 97-121 AMENDING FEE RESOLUTION NO. 97-1 FOR FEES AND CHARGES FOR MUNICIPAL SERVICES G. LAKE CORPORATE CENTER by Moen Leuer Construction. 2nd Reading of Ordinance 31-97-PUD-21-97 for PUD District Review on 8.64 acres and Zoning District Amendment on 8.64 acres, Adopt Resolution 97-122 for Site Plan Review on 8.64 acres and Approval of a Developer's Agreement for Lake Corporate Center for Moen Leuer Construction. Location: Wallace Road. (Ordinance 31-97-PUD-21-97 for PUD District Review and Zoning District Amendment and Resolution 97-122 for Site Plan Review) MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve items A-G on the Consent Calendar. Motion carried 4-0. V. PUBLIC HEARINGS/MEETINGS A. EDENVALE FAMILY HOUSING by Jim Deanovic. Request for Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres and High Density Residential on 2.8 acres, Planned Unit CITY COUNCIL MINUTES July 1, 1997 Page 3 Development Concept Review on 6.3 acres, Planned Unit Development District Review on 6.3 acres, Zoning District Change from Community Commercial to RM-6.5 on 3.3 acres and RM-2.5 on 2.8 acres, Site Plan Review on 6.3 acres and Preliminary Plat of 6.3 acres into 2 lots. Location: Mitchell Road and Valley View Road. (Resolution 97-123 for Comprehensive Guide Plan Change, Resolution 97-124 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution 97-125 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on June 19, 1997 in the Eden Prairie News and mailed to 35 property owners. The project includes a 32-unit family rental housing proposal and a 52-unit assisted living services building. The developer of the family housing has applied for CDBG and TIF funds to help offset land costs and lower rents. The CDBG and TIF Plan will be before the Council for consideration on August 5. The 32-unit rental proposal will help the city meet its livable community goals for 1997. Jim Deanovic, developer, and Gary Tushie, architect, reviewed the project. Enger said the Planning Commission unanimously recommended approval of the Guide Plan Change and PUD Concept Review for the project at its June 9, 1997 meeting, and voted unanimously to recommend approval of the PUD District Review, Rezoning, Site Plan Review and Preliminary Plat for the project at its June 23, 1997 meeting, subject to the recommendations of the Staff Report of June 20, 1997. Enger said this is a housing proposal on a commercially-zoned site. The site was chosen because most of our affordable housing and assisted living projects are located between residential and commercial land, and this site has not been particularly attractive to commercial development, primarily because of limited access to the site. Due to the relatively early meeting date for this Council meeting, Enger said the Parks, Recreation & Natural Resources Commission has not yet reviewed the project. There are issues regarding the trail connections, the tot lot and the area of tree mass vegetation on the project that the Parks Commission will be reviewing. He suggested the Council refer the item to the Parks Commission with the understanding that Parks staff and the developer should revisit the landscaping plan at the perimeter of the site and other areas on the site where existing tree mass might be saved, and report back at Second Reading with a revised landscaping plan.. Enger then reviewed the financing tools that will be used for the project. Harris asked if the Staff recommendation includes revisiting the landscaping issue. Enger said that was correct. CITY COUNCIL MINUTES July 1, 1997 Page 4 Tyra-Lukens was happy to hear there is an attempt to save the tree mass. She likes the project because it fulfills a need we have in the community. She was concerned with the right-in/right-out turn on Mitchell Road and the traffic problems we might have if people make U-turns. She asked if they reviewed the traffic volumes for this as compared to a commercial project. Enger said the traffic volumes from this project are extremely low--200 or fewer average daily trips. An office project could generate many times that traffic volume. There is no full access to the property so a commercial use for it has not developed. Jeff Strate, 15021 Summer Hill, said he is a member of the Edenvale-Glenshire Conservancy Group, and they would like to participate in any landscaping discussions with the developer. He received phone calls from other members about not losing the second growth softwood. Because of the revenue problems in the City, he would like the Council to consider the impact of rezoning commercial land since we make much more in taxes from commercial development. Michael Rush, 16907 Hanover Lane, asked if an analysis has been done as to the incremental costs of rezoning the property. There is CDBG and TIF funding involved as well as rezoning costs, and he wanted to know the net cost of rezoning this property. Enger said this project is part of an overall strategy for affordable housing in the community. He said it is expensive to go from a commercial property to a subsidized property; however, this has been sitting as an undeveloped commercial property for many years. He said it would be easier to provide affordable housing within residential areas but that has not been proven to be a viable thing to do. They are left with sites that are at the fringe like this one that are more expensive to develop. Rush thought we should have a dollar figure of what the real cost is. Tyra- Lukens noted this is not totally a financial issue as we get pressure from the Met Council about affordable housing goals. Harris said we are trying to meet the housing needs of an increasingly diverse population in the City, and we also have an aging population in the City. Rush thought we should have a very clear picture of the trade-off costs. Case thought we need numbers as we look at the entire City, but he did not want to get stuck on what this one will cost. He thought we are doing this as we look at the southwest quadrant and see how many homes we need to build in order to pay for the costs there. Enger said if the City made its decision on land use only, the answer would be homes by commercial/industrial property and the worst answer would be large- lot, single-family development. In the Comprehensive Guide Plan the City has looked at taxes as a major component but not the main component. We have `7 CITY COUNCIL MINUTES July 1, 1997 Page 5 one of the healthiest balances of commercial/industrial property in the metropolitan area. Rush again asked that when we make these decisions, we find out what the trade-off is. Enger said Staff will provide the numbers at 2nd Reading. MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried 4-0. Case said he appreciated what will be looked at with the landscaping, but, as was directed by the Tree Preservation Task Force, property with tree mass should always have that taken into consideration. He was frustrated that this is a project where the tree mass concept applies, and people will see these 20-30 year old trees leveled. He would like to see us discuss the issue of peripheral tree mass and try to keep the tree mass somewhat perceptually intact. He thought it would not take much to shift two buildings in so that some islands of the tree mass could be retained. He thought this is a great opportunity to model what came out of the Tree Preservation Task Force. He encouraged staff to see if everything along the west side of the property along Mitchell Road could be saved. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to adopt Resolution 97-123 for Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres and High Density Residential on 2.8 acres; to adopt Resolution 97-124 for PUD Concept Review on 6.3 acres; to adopt Resolution 97-125 for Preliminary Plat of 6.3 acres into 2 lots; to approve 1st Reading of the Ordinance for PUD District Review on 6.3 acres and Zoning District Change from Community Commercial to RM-6.5 on 3.3 acres and RM- 2.5 on 2.8 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and directing the Parks Commission and Staff to review the landscaping issues and to consider the discussion at tonight's meeting regarding the tree mass issue. Motion carried 4-0. Harris complimented the proponent on a thoughtfully designed project that addresses the needs of our growing community. B. NATIONAL TIRE AND BATTERY by Sears. Request for PUD Concept Amendment on 15 acres, PUD District Review on 1.15 acres, Zoning District Amendment in the C-Reg-Ser District on 1.15 acres, and Site Plan Review on 1.15 acres. Location: Eden Road and Hwy. 212. (Resolution 97-126 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Jullie said the official notice of this Public Hearing was published on June 19, 1997 in the Eden Prairie News and mailed to 16 property owners. This project CITY COUNCIL MINUTES July 1, 1997 Page 6 will be replacing the existing Hardee's building. The proposal is consistent with the design philosophy used for other car care projects where a combination of building jogs, recessed service doors, and metal canopy designs provide architectural compatibility and minimize views to the service doors. He said proponent is requesting early issuance of a demolition permit to remove the existing building. This action would help the construction schedule for a late fall opening. Lawrence Levenson, representing Sears, reviewed the project. Enger said the Planning Commission unanimously recommended approval of this project at its June 9, 1997 meeting, subject to the recommendations of the Staff Report of June 6, 1997. He reviewed the recommendations in the Staff Report. The Parks, Recreation & Natural Resources Commission did not review this project. There were no comments from the audience. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 97-126 for PUD Concept Amendment on 15 acres; to approve 1st Reading of the Ordinance for PUD District Review on 1.15 acres and Zoning District Amendment in the C-Reg-Ser District on 1.15 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. C. BEST BUY CORPORATE HEADQUARTERS EXPANSION 1997 by Best Buy. Request for PUD Concept Amendment on 28.46 acres, PUD District Review on 28.46 acres, Zoning District Change from Rural to I-2 Park on 1 acre, Site Plan Review on 28.46 acres and Preliminary Plat of 28.46 acres into 1 lot. Location: Flying Cloud Drive. (Resolution 97-127 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change and Resolution 97-128 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published in the Eden Prairie News on June 19, 1997 and sent to 10 property owners. The proposal is to add 110 parking spaces divided in three areas on site. This is to accommodate approximately 76 cars that are currently parking in existing drive aisles and temporarily at the Wooddale Church. A total of 1,098 parking stalls are on site. With the additional parking stalls, a total of 1,204 spaces will be available. The proposed additional parking will require removal of the private tennis court, however, the ballfield will remain. These recreational facilities were not required as part of the original development. The development was subject to cash park fees. In the absence of proponent, Enger reviewed the project. (/ CITY COUNCIL MINUTES July 1, 1997 Page 7 Enger said the Planning Commission unanimously recommended approval of this project at its June 9, 1997 meeting, subject to the recommendations of the Staff Report of June 6, 1997. The Parks Commission did not review this project. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing; to adopt Resolution 97-127 for PUD Concept Amendment on 28.46 acres; to adopt Resolution 97-128 for Preliminary Plat of 28.46 acres into 1 lot; to approve 1st Reading of the Ordinance for PUD District Review on 28.46 acres and Zoning District Change from Rural to I-2 Park on 1 acre; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens reported that all three communities have voted to levy the transit tax within the community. She reviewed the progress of the circulator route, noting it was a necessary addition because the Telebus was very heavily used and could not add additional riders. They have had some problems with people who have a hard time getting from the Telebus to the circulator. They are meeting with the staff of all three cities as well as other groups to arrive at solutions to the problems. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES July 1, 1997 Page 8 1. Suggestion for Next Quarterly City Newsletter Case said he has received calls from residents about progress on the Staring Lake playground, the Daytons store and the completion of the intersection at Anderson Lakes Parkway and Hwy 169. He suggested we use the City newsletter to provide a summary of things like that going on in the City in order to keep people abreast of events and schedules. 2. Water Surcharge Case thanked the Water Department staff for the statistics and asked that we be updated on those. When we approved this, he understood we were trying to sensitize people to their water usage. He thought we should revisit this in October or November because he was not sure it was our intention that over 50% of the residents would receive some type of surcharge. He thought another issue is whether it does exactly what we want it to in terms of fairness. Because the bill is based on different amounts of usage during the winter, people are being charged differently for the same usage in the summer. He would like to sit down with all the data and address some of the questions and see if it is doing what we want it to do. He encouraged residents to call so we can understand the effect of the ordinance. 3. Discussion of Noise Ordinance Tyra-Lukens received a call from a resident concerned about car radios and boom boxes. She asked staff to report back on how to determine the extent of the problem and what options we might have. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. GROWTH STRATEGIES FOR THE SOUTHWEST AREA OF EDEN PRAIRIE Enger said staff is returning to the Council with a summary and recommendation for a growth strategy under existing City policies for the southwest quadrant. This is an outgrowth of the joint meeting with the Planning Commission earlier this year. Enger said the Planning Commission recommended approval of the six CITY COUNCIL MINUTES July 1, 1997 Page 9 basic goals outlined in the Staff Memorandum of June 20, 1997. Staff is proposing the use of density transfer as a tool in order to provide for a variety of housing. Reviewing the two scenarios proposed, he said Scenario 1 would maintain the same percentages of housing balance as we currently have--43% multi-family and 57% single family. Scenario 2 would include more single-family housing and town houses with no apartments. The range of density proposed is 1.74 - 1.94 units per acre, both of which are within the gross density provided for in the ordinance. Case would like to see the figures used to arrive at the tax revenues generated by the two scenarios. Enger said Staff can provide those; however, he suggested the Council adopt the recommendations as a range. Case said he would like to see the numbers if a project with a higher density than expected is proposed so that we could know another goal on the list has been met. Enger said Staff would be able to provide that information. Harris said that, while this is not a Public Hearing, she would allow members of the audience to speak. Jeff Strate, 15012 Summer Hill, urged Council and staff to consider a different way to go about working out the ultimate plan for this. He thought the Council should involve more of the small landowners in that area and more of the entire community in order to deal with this proactively. This is an extremely important area, and there is no place along the Minnesota River that has as great a view. Part of the area is next to the Minnesota Valley National Wildlife Refuge. He thought there was too much housing in the plans. Paul Olson, 8899 Flescher, said this project will change the entire dynamics and culture of Eden Prairie. He thought we are dealing with an issue that the Council is obligated to include the citizens in. This is a huge tract of very sensitive land. He thought we need to look at a lot of things, and the critical issue is that this is a project that needs the citizens to be alerted and he didn't think that has occurred. Michael Rush, 16907 Hanover Lane, was concerned there are no priorities and no parameters for success or failure against a hidden objective. He thought there was very little public debate on these objectives. He has not seen any indication of what the policies and objectives are. He thought such a big decision deserves a big debate. He thought the range should go from building nothing to building at an extremely high density. We should be creative and try to serve as many of the objectives as possible. 9 CITY COUNCIL MINUTES July 1, 1997 Page 10 Butcher-Younghans noted this is a beginning discussion about a plan, and this is the first time the Council has seen it. She liked a lot of what she saw. She liked the fact that it keeps the land forms as she believes that section is very important historically and culturally. She thought we need to be very careful about what areas we save. The area has many burial mounds, and we need to preserve the bluff crests. We also need to keep the land configurations such as Miller Springs and Spring Road. She would like to see the historic sites mapped out and placed on top of this map. She thought we should ask any developers to do a Phase 1 archaeological survey on any land that is to be developed, so that we really understand what kind of cultural impact we might have on that area. Tyra-Lukens thought it would be very helpful to see an overlay of the historical sites. It would also be nice to see the tree masses laid out. Enger said the joint workshop meeting with the Planning Commission occurred as a culmination of a number of difficult land use reviews. The Commission had some difficulty during that time with controversial projects. They asked for clarification and direction for the rest of the development of large areas in the City. He said public debate has been part of the regular activities. The recommendations do not include any changes to the Comprehensive Guide Plan. It calls for low density residential development with parks and open spaces. This is a continuation of the planning and development of Eden Prairie. We have discussed these as goals and direction to give staff, developers and property owners as to the strategy for implementing the Comprehensive Guide Plan. Enger said the charts shown are meant to help visualize the different type of housing and are not plans, master plans or concept plans. He noted this is not the end of the process, nor is it the beginning. Harris thought the interpretation of this is as a general conceptual framework to show what might happen in the southwest section that is now available for development. She thought this brings us back to whether those six basic goals are to be validated. She could not think of six better goals, and she would urge the Council to give staff direction to pursue the range of options. Case could see us adopting the goals as a skeletal framework within which projects will come in and be reviewed. He saw this as an opening in the process, subject to review as we go along. He didn't know how to pull in the community before there is a specific project. I' CITY COUNCIL MINUTES July 1, 1997 Page 11 MOTION: Case moved, seconded by Butcher-Younghans, to direct Staff to pursue the growth strategy for southwest Eden Prairie by adopting Scenario 1 and 2 as a target range as per the Staff report of June 20, 1997. Motion carried 4-0. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. APPROVE SALE OF CITY PROPERTY TO MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) FOR TH 212 RIGHT-OF-WAY Referring to the Staff Report of July 1, 1997, Dietz noted we have been in negotiations with MNDoT for the sale of these four City-owned parcels for a long time. We have agreed to the numbers for all four sites, but there are some timing issues yet to be resolved on two of the parcels. MOTION: Butcher-Younghans moved, seconded by Case, to adopt Resolution 97-129 Authorizing Sale of Well No. 1 and a portion of the former Police Station site to the Minnesota Department of Transportation for right-of-way purposes to construct Highway 212. Motion carried 4-0. F. REPORT OF CITY ATTORNEY Presented in Closed Session following adjournment. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried 4-0. Mayor Harris adjourned the meeting to a Closed Session with the City Attorney at 9:15 p.m. I I CITY COUNCIL AGENDA DATE: ederl SECTION: Consent Calendar 7-15-97 prairia DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance - Pat Solie Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. CONTRACTOR(MULTI-FAMILY& COMM.) GASFITTER Construction Concepts Inc All Better Services Consulting Management Construction A Binder& Son John A Dalsin& Son Inc North Star Heating &Air Flag Builders Inc Palen/Kimball Company Northco Corporation Palani Construction Inc HEATING & VENTILATING Parkos Construction Company All Better Services PLUMBING A Binder& Son North Star Heating &Air Dennis Gezel Plumbing Sun Mechanical Inc CIGARETTE Back Door Tobacco of Eden Prairie July 15 1997 1 DATE: 07/15/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: -Am 1-b3 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Dept. of Public Works Resolution Supporting ISTEA Application Eugene A. Dietz CSAH 1, TH212 to Eden Prairie Road Requested Action: Adopt resolution supporting an Intermodal Surface Transportation Efficiency Act (ISTEA) application by Hennepin County for improvements to CSAH 1 between Trunk Highway 212 and CSAH 4 (Eden Prairie Road). Background: Hennepin County desires to apply for ISTEA funding for improvements to this section of CSAH 1. Support by the City is not only necessary for the project to advance, but also aids in the prioritization of projects. This section of CSAH 1 is listed in the recently adopted transportation plan as being constructed in the 2000 to 2005 time frame. If ISTEA funding is approved, this project would fit nicely into that schedule. Staff recommends adoption of the resolution in support of the project. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. SUPPORT FOR ISTEA APPLICATION CSAH 1 FROM TH 212 TO WEST LEG OF CSAH 4 WHEREAS, the Hennepin County Department of Transportation proposes to reconstruct CSAH 1 between TH 212 and the west leg of CSAH 4; WHEREAS, a primary funding source for the reconstruction of CSAH 1 would be through the use of Intermodal Surface Transportation Efficiency Act (ISTEA) funding; WHEREAS, the City of Eden Prairie has recently prepared and adopted a transportation plan dated April, 1997; WHEREAS, CSAH 1 is designated an "A" minor arterial and is an important element in the City's overall transportation network; and WHEREAS, this segment of CSAH 1 is listed in the City's 2000 - 2005 transportation capital improvement program in said plan. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of Eden Prairie supports and endorses Hennepin County's application for ISTEA Funding for the reconstruction of CSAH 1 between TH 212 and the west leg of CSAH 4. Furthermore, the City of Eden Prairie anticipates sufficient Municipal State Aid Funds to be used for the local match of the project if approved for ISTEA Funding. ADOPTED by the Eden Prairie City Council on July 15, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk 2 DATE: 07/15/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: �/ C..SECTION: Consent Calendar �� YY DEPARTMENT: ITEM DESCRIPTION: Dept. of Public Works Resolution Supporting ISTEA Application Eugene A. Dietz TH 101, CSAH 62 to TH 5 Requested Action: Adopt resolution supporting an Intermodal Surface Transportation Efficiency Act (ISTEA) application by Hennepin County to improve TH 101 along our west corporate limits. Background: Hennepin County proposes to apply for ISTEA funding for the proposed upgrade of TH 101 between CSAH 62 and TH 5. This resolution of support is both necessary to advance the project as well beneficial to improving the prioritization of projects for funding. This segment of TH 101 is actually shown for improvement in 1998 in our recently approved transporation plan. However, it appears that this project is likely to take at least two to three more years as a minimum to develop. Although the funding for this project had always been identified as "State Aid Turnback funding", it appears that ISTEA funding would reduce City participation and therefore Hennepin County has been encouraged to seek this funding alternative. Staff recommends adoption of the resolution supporting this improvement to TH 101. r CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. SUPPORT FOR ISTEA APPLICATION TH 101 FROM TH 5 TO CSAH 62 WHEREAS, the Hennepin County Department of Transportation proposes to reconstruct TH 101 between TH 5 and CSAH 62; WHEREAS, a primary funding source for the reconstruction of TH 101 would be through the use of Intermodal Surface Transportation Efficiency Act (ISTEA) funding; WHEREAS, the City of Eden Prairie has recently prepared and adopted a transportation plan dated April, 1997; WHEREAS, TH 101 is designated an "A" minor arterial and is an important element in the City's overall transportation network; and WHEREAS, this segment of TH 101 is listed in the City's 1998 transportation capital improvement program in said plan. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of Eden Prairie supports and endorses Hennepin County's application for ISTEA Funding for the reconstruction of TH 101 between TH 5 and CSAH 62. Furthermore, the City of Eden Prairie anticipates sufficient Municipal State Aid Funds to be used for the local match of the project if approved for ISTEA Funding. ADOPTED by the Eden Prairie City Council on July 15, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk 2- EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 7-15-97 SECTION: CONSENT CALENDAR ITEM NO. v. 1), DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger CAR-X MUFFLER AND BRAKE Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: 1. Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to C-Reg-Ser on .56 acres; 2. Adopt the Resolution for Site Plan Review on .56 acres; 3. Approval of a Developer's Agreement. Supporting Reports: 1. Ordinance for Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement 1 CAR-X MUFFLER AND BRAKE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 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 C-Reg-Ser District. SECTION 3. That 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 C-Reg-Ser District, 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 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 1, 1997, entered into between Cook Properties- Eden Prairie, L.L.C. and the City of Eden Prairie, and which Agreement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of June, 1997, finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of July, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on . 2. CAR X MUFFLER AND BRAKE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 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 8108 Eden Road from Rural to C-Reg-Ser on .56 acres. 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.) 7 Exhibit A Car-X Muffler and Brake Legal Description Tract C of Registered Land Survey No. 687 Hennepin County, Minnesota 1 CAR-X MUFFLER AND BRAKE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CAR-X MUFFLER AND BRAKE BY COOK PROPERTIES -EDEN PRAIRIE,L.L.C. WHEREAS, Cook Properties -Eden Prairie, L.L.C.has applied for Site Plan approval of Car-X Muffler and Brake on .56 acres for construction of a 5,580 square foot building located at 8108 Eden Road, to be zoned from Rural to C-Reg-Ser District by an Ordinance adopted by the City Council on June 17, 1997; and, WHEREAS,the Planning Commission reviewed said application at a public hearing at its May 27, 1997, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS,the City Council has reviewed said application at a public hearing at its June 17, 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 Car-X Muffler and Brake for the construction of a 5,580 square foot building, based on plans dated June 6, 1997,between Cook Properties - Eden Prairie, L.L.C., and the City of Eden Prairie. ADOPTED by the City Council on July 15, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk S DEVELOPER'S AGREEMENT CAR-X MUFFLER AND BRAKE THIS AGREEMENT is entered into as of July 15, 1997, by Cook Properties-Eden Prairie, L.L.C.,a Minnesota Limited Liability Corporation,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to C- Reg-Ser on 0.56 acres, and Site Plan Review on 0.56 acres for construction of a 5,580 square foot building, all on 0.56 acres legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Zoning District Change, 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 June 6, 1997, reviewed and approved by the City Council on June 17, 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. 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. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer agrees to submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000 to guarantee that Developer completes implementation of the approved plan. City agrees to return to Developer the $1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 6. NURP POND: Developer acknowledges City's requirement that a NURP facility for the treatment of storm water be created and maintained on the Property. Developer has represented to City that construction of such a pond on the Property is not feasible. As a result, Developer has volunteered to make a payment to City in the amount of$3,960.00, which Developer and City agree is an amount sufficient to substantially offset the additional impact on the City's storm water facilities caused by the absence of a NURP pond on the Property. Developer waives any and all rights to object to the nature or amount of this voluntary payment and agrees to defend and indemnify City for any claims made by any party that the nature or amount of the payment is invalid for any reason. Developer acknowledges that this payment is in lieu of a NURP facility only and that Developer and the Property may still be assessed or charged other amounts for construction and maintenance of storm water facilities, including but not limited to amounts for the storm water utility fund and special assessments relating to the Property. 7. 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 7 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. 8. 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. 9. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to City Planner, and receive 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 security provided until Developer completes all such corrective measures to the satisfaction of the City Planner. 11. SIGNS:Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, 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. 12. 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. 13. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 14. OUTSIDE STORAGE: Developer shall not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment, inventory or refuse. 15. TRUNK SANITARY SEWER AND WATER MAIN ASSESSMENTS: Developer agrees to enter into a special assessment agreement for the Property, attached as Exhibit E, for trunk sanitary sewer and water main in the total amount of$1,350.40. This assessment will be levied September 1997 and spread over a period of five(5) years at an interest rate to be determined by the City Council at the time of the assessment hearing. 16. 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 attorney'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. Upon a sale or transfer of the entire Property, the Developer shall be released from its obligations under this paragraph for any acts, failure to act, errors or omissions occurring subsequent to the date of sale or transfer provided such transferee shall have assumed the obligations of the Developer under this paragraph. Developer shall not be released from its responsibilities to release, hold harmless, defend and indemnify because of any inspection, review or approval by City. 9 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 7/15/97 SECTION: Consent Calendar ITEM NO. �E, DEPARTMENT: ITEM DESCRIPTION: Facilities Management, Liquor Store - Change Order#3 Barbara Cross RECOMMENDATION: Staff recommends approval of change order #3 in the amount of$12,480.00. This change order will increase the liquor store construction contract to the new total of$1,239,719.39. BACKGROUND: Changes were necessary to make the new liquor store more functional for operations and maintenance. The changes are described in detail on the attached page. The building is under construction and will be open within the next week. FINANCIAL CONSIDERATIONS: The money for the additional improvements will be funded with proceeds from the liquor store operations. The costs for construction are well within the projected budget set for construction. r Eden Prairie Municipal Development Eden Prairie, MN tedtpi7 Change Order No.: 3 MICHAELJ WILKUS AIA 30 June 1997 JEFFREY M.PAPP AIA Description Item No.1: ADD hanging metal pendant light fixture with switch in $296.00 Room 007, per Proposal Request No.3, as directed by Liquor Store Operations. Item No.2: REVISE depth of countertops in Office 004, per $167.00 Proposal Request No.4, as directed by Liquor Store Operations. Item No.3: ADD six(6) parking stalls, per Proposal Request $1,656.00 No.4, as directed by the Client. Item No.4: REVISE location of floor electrical outlet as, per cooler $350.00 revisions, as directed by Liquor Store Operations. Item No.5: ADD electrical outlets above storefront windows, per $440.00 code interpretation, as directed by the Architect. Item No.6: REVISE length of wall at Room 007 per cooler $216.00 revisions, as directed by Liquor Store Operations. Item No.7: REVISE size of cooler as directed by Liquor Store $5,342.00 Operations. Item No.8: ADD soil correction work to the service drive, per $4,013.00 the City Engineer, as directed by the Client. TOTAL Change Order No. 3 $12,480.00 MICHAEL J.WILKUS w:\jobs\epliquor\co#3.wpd APCI-IITECTS, INC. 14180 WEST 78T1-'STREET EDEN PRAIRIE MINNESOTA (b12)44Q-OQ85 55344 (FRX)444-4047 CHANGE Distribution to: ORDER OWNER 0 . ARCHITECT 0 AM DOCUMENT G701 CONTRACTOR 0 FIELD 0 OTHER 0 PROJECT: Ef N IVAIRIe J4 I&ilrAl,motaft r CHANGE ORDER NUMBER: '!j (name, address) $ q l fag) �,^ 'u'� �qq SEW t tl'v�IE II 53� INITIATION DATE: �/ J�'�/ ` r t1 TO (Contractor): A Norm H ar"� ARCHITECT'S PROJECT NO: P�I'�'1 I 1 105 lwltNormrY't CONTRACT FOR: foueIpk AO 110 40 W !Ge Mr TOW ertice I ttawril 141-1 C5441 nt I CONTRACT DATE: 9.1. 06TOMF I11(' You are directed to make the following changes in this Contract: Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) was $ I) .2I,(0P•OD • Net change by previously authorized Change Orders $ n�gq01//1�� 1�qq• q�qqq • The (Contract Sum) prior to this Change Order was $ fl'G.{.1)471.%1 The (Contract Sum) iIl be (increased)•(decfersedt44' $ `� � by this Change Order j • The new (Contract Sum) including this Change Order will be $ ( 1I1. • The Contract Time will be (increased) sieaie4+ by JZ.'�f1 1( to ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is 21 JO I111 Authorized: nr.F1kel J. WILY*AMI1 .a a IRO }iP�I� l L� '1Y%T,I1GI�I rr�. (ITS OF r-rai Mire ITfor NTH A ✓tine rii wi A T R e1 HiCi•,f`�/. �C1L xygg Arr'HW 1 p ' Address j Address Address VEN ICI ,f N r+ f M11 5W1 t O f'1 +1a1f j MN 55344- BY ijk BY BY DATE 2 r1 1 DATE DATE A/A DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • AIA'a • © 1978 G701 —1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NFW YORK AVE., N.W,WASHINGTON, D.C. 20006 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 1997 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Award Bid for Purchase of Fire Rescue Fire Truck IV. F. Background: The Fire Department budgeted $75,000 for replacement of Rescue Squad #1 in the 1997 budget. Specifications were prepared and sent to potential bidders. The request for bids was published in the Eden Prairie News on 5/15/97. Two vendors responded with sealed bids which were opened on 6/12/97: Custom Fire $96,379.80 General Safety $98,361.00 RECOMMENDATION Staff recommends awarding the contract to the low bidder, Custom Fire. Note the low bid is $21,379.80 greater than the budgeted amount. Staff recommends the transfer of the difference from the Fire Department budget to the Fleet Services budget and applied to the purchase price. The difference will be transferred from 4522 - Fire Truck, Equipment, which was budgeted to purchase foam generators for two engines. This is an on-going upgrade project that started last year with the intention of our fitting all engines with foam generators. To date, only one of six engines is equipped. It was planned to upgrade two engines each year. This will extend the project one additional year. Spence Conrad George Esbensen Fire Chief Assistant Fire Chief 10,\RIEF41 t, it MEMORANDUM EDEN PRAIRIE sss..„....___ MINNESOTA TO: Mayor and City Council THROUGH: Chris Enger, Assistant City Manager FROM: Spencer Conrad, Fire Chief George Esbensen, Assistant Fire Chief DATE: July 11, 1997 SUBJECT: REPLACEMENT OF RESCUE SQUAD 1 REPLACEMENT JUSTIFICATION • Current Squad 1 identified by Fleet Services as experiencing high maintenance costs. Replacement advised. • Current Squad 1 is ambulance-style. City is not licensed as ambulance service. • Current Squad 1 can only carry three firefighters. Auto extraction and other heavy rescue operations require four firefighters. • Current Squad 1 does not allow for off-road use limiting ability to access rescue scenes. Hennepin County ambulance staff has encouraged us to replace with four- wheel drive. DESIGN PROCESS • Committee of qualified people formed to examine needs and develop specifications. — Six Firefighters — Fleet Services Manager — Chief of Operations • Met weekly for seven months. • Group made recommendation to Fire Department Chiefs. DESCRIPTION OF NEW RESCUE SQUAD • Hybrid rescue/auto extraction vehicle. Currently, Stations 2 and 3 house two rescue vehicles (one light rescue squad and one heavy). This vehicle combines the two needs. • Transports four to five firefighters. • Four-wheel drive for inclement weather and off-road use. Replacement of Rescue Squad 1(Memo to Mayor and City Council) July 11, 1997 Page 2 Bid specifications were sent to five bidders in addition to the publication. Custom Fire and General Safety returned sealed bids. The Fire Department has purchased vehicles and equipment from both vendors in the past. Following the opening of the bids, the high bidder — General Safety — questioned, in writing, several items in the low bid that they felt did not meet specifications. Staff has reviewed the list with Fleet Services staff and does not believe the issues raised justify a rejection of the bid. SC/GE:sm 3 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 - One Light Rescue Squad 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 Custom Fire Apparatus, Inc. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Custom Fire Apparatus, Inc., in the name of the City of Eden Prairie in the amount of $96,379.80 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 July 15, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 7-15-97 SECTION: PUBLIC HEARING ITEM NO. V.A. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger MUSA LINE EXPANSION Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt a Resolution approving an approximate 835 acre MUSA Line Expansion Background On June 16, 1997, the Metropolitan Council voted to approve 600 acres of the City's Musa Line request and continued the discussion on the remaining acres for 60 days. There are 280 acres (235 acres outside the Musa Line)proposed to be acquired by the Metropolitan Airports Commission. The PlanningCommission will conduct apublic hearingon the Musa Line Expansion at the 14, 1997 p July meeting. The City Council may approve all acreage, with 235 acres subject to final approval of the Metropolitan Council. Supporting Reports: 1. MUSA Line Expansion Map f CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN FOR EXPANSION OF THE MUSA LINE WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and, WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the expansion of the MUSA line requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan for a 600 acre MUSA Line expansion located south of Pioneer Trail and west of Flying Cloud Airport. ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 4 • ... • - .--I -1 I it1/4,II•=acI-p_i — ''' E' \Ti ).II •-1\-Z3 .;L-.?•' 1 1 I',! le.-.i .1. •I....1,. I 1-1: 1 II,2_7_!... '--77-7- \ . . /1 i111 a$V--- -__, .• III1P-I- , ••••,, ....--...-...,. W,nr--- t -• ..7'.71-:-. .„ .41 //ti. 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Ir'' I ,,.. d 17 IL '' _ s• ii All V wilt iiikf t '''\ 0 411, 10•..4., ,... , i i.f. kr 2 t II' , itifil\*4,t, 411113 ig "' .i.lk 2 1_...... --if- 4444!;"*".ti.11111 1 I\i 11410111111111/0/1,41. \ ... *, s A . _a - ,.... f_.... . .. , . 0 . ---.k Amt.1111i0 dill. li-- 4 \ Ar dr -\\ \ 1 ,, Ai mil 4' 1 '• .1 ff. iiirA el ... .......:.........„:::::•,..,:. / • 4.9...,....,.,_is 4 p .......‘„ ‘,...... .. , . ...,_ I .1 . . :....:•,.....:.....:!..1,.......•••••.. '-,) Mile 4 '4'...,....:::..j:.:'. ,...:•...•. .. .::..: .. '...,-;... , •'.......\it•\\,, N`..,, wo,,10%"11 lifl - \A 1 ( • . ( . \\ ,-- ‘\ - / • el5 CITY COUNCIL AGENDA DATE: ederl SECTION: Consent Calendar 7/15/97 prairie DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI. Checks 53641 to 54054 Wire Transfers 46 to 54 Action/Direction: Approve Payment of Claims 1 COUNCIL CHECK SUMMARY 08-JUL-1997 (11:37) DIVISION TOTAL LEGISLATIVE $143.09 LEGAL COUNSEL -$150.00 GENERAL SERVICES $122,593.06 EMPLOYEE BENEFITS $19,585.77 CITY MANAGER $534.72 FINANCE $1,368.41 HUMAN RESOURCES $2,338.83 ELECTIONS $4,770.00 ENGINEERING $3,911.99 FACILITIES $10,769.25 ASSESSING $5,156.79 CIVIL DEFENSE $31.40 POLICE $16,114.76 FIRE $4,177.25 ANIMAL CONTROL $487.60 STREETS & TRAFFIC $14,585.95 PARK MAINTENANCE $11,992.91 STREET LIGHTING $314.00 FLEET SERVICES $24,520.51 ORGANIZED ATHLETICS $8,946.55 COMMUNITY DEV $4,441.12 COMMUNITY CENTER $41,227.75 YOUTH RECREATION $13,301.52 SPECIAL EVENTS $21,001.46 ADULT RECREATION $1,317.75 ADAPTIVE REC $665.68 OAK POINT POOL $1,393.93 ARTS $4,988.43 PUBLIC IMPROV PROJ $742,227.24 DEBT SERVICE PAYMENTS $85.00 SPECIAL ASSESSMENTS $264,947.18 CITY CENTER $44,121.36 SW METRO TRANSIT $21.24 SPECIAL REVENUE FUNDS $5,799.78 PRAIRIE VILLAGE $3,321.37 PRAIRIEVIEW $33,057.75 CUB FOODS $249.21 PRESERVE $191.79 DEN ROAD BUIDLING $959.77 WATER DEPT $147,036.46 SEWER DEPT $228,562.37 STORM DRAINAGE $9,394.31 AGENCY FUNDS $14,113.76 EQUIPMENT $34,813.34 $1,869,432.41* 7 COUNCIL CHECK REGISTER 08-JUL-1997 (11:37) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 53641 $481.00 CATHY BOLDUC SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 53642 $102.20 CLIFF CRACAUER MILEAGE AND PARKING EQUIPMENT MAINTENANCE 53643 $166.25 DANCO FOOD AND ENTERTAINMENT SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 53644 $150.00 MARY M. DAVIS OPERATING SUPPLIES-GENERAL 1995 REHAB 56042 53645 $11,980.85 DNR LICENSES & TAXES WATER UTILITY-GENERAL 53646 $575.00 EDEN PRAIRIE CHAMBER OF COMMER CONFERENCE IN SERVICE TRAINING 53647 $43.67 LAURIE HENNING TRAVEL ARTS 53648 $17.03 HELLING, TERRI OPERATING SUPPLIES-GENERAL ICE ARENA 53649 $9,500.37 HENNEPIN COUNTY DEPOSITS ESCROW 53650 $109,682.25 LEAGUE OF MINNESOTA CITIES INS INSURANCE GENERAL 53651 $170.00 MINNESOTA POLLUTION CONTROL AG LICENSES & TAXES WATER WELL #6 53652 $228.62 PAX CHRISTI CATHOLIC COMMUNITY DEPOSITS ESCROW 53653 $153.02 STEVE SINELL TRAVEL IN SERVICE TRAINING 53654 $44.44 ROSS THORFINNSON JR MILEAGE AND PARKING COUNCIL 53655 $500.00 TONKA BAY, CITY OF OTHER EQUIPMENT WATER TREATMENT PLANT 53656 $1,843.00 THE U S CONFERENCE OF MAYORS CONFERENCE IN SERVICE TRAINING 53657 $1,055.95 US POSTMASTER POSTAGE WATER ACCOUNTING 53658 $55.00 ADAMSCHECK, KATHLEEN RFND SWIM LESSONS POOL LESSONS 53659 $40.00 ARMSTRONG, NANCY RFND CAMP NATCH OUTDOOR CTR PROGRAM 53660 $149.10 BACHMANS REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 53661 $5.00 SANDY DUFFY RFND SUMMER SOLSTICE OUTDOOR CTR PROGRAM 53662 $971.22 EXECUTIVE AVIATION DEPOSITS ESCROW 53663 $15.00 RICK & SUE FONS RFND SUMMER SOLSTICE OUTDOOR CTR PROGRAM 53664 $415.00 GOVERNMENT FINANCE OFFICERS AS AWARDS FINANCE DEPT 53665 $21.75 HASHW, MANAL RFND SWIM LESSONS OAK POINT LESSONS 53666 $166.58 ELYCE KASTIGAR MILEAGE AND PARKING COMMUNITY CENTER ADMIN 53667 $11.50 LINSCOTT, KAREN RFND SWIM LESSONS OAK POINT LESSONS 53668 $29.00 MEEKER, VIRGINIA RFND SWIM LESSONS OAK POINT LESSONS 53669 $22,522.50 METROPOLITIAN COUNCIL WASTEWAT SYSTEM ACCESS-SEWER SEWER DEPT 53670 $29.00 MULLIGAN, JUANITA RFND SWIM LESSONS POOL LESSONS 53671 $652.72 NORTH STAR ICE MISC TAXABLE PRAIRE VIEW LIQUOR #3 53672 $40.98 SAMS, BETH CLOTHING & UNIFORMS POLICE 53673 $277,166.00 SHEEHY CONSTRUCTION COMPANY IN DESIGN & CONST PW STORAGE FACILITY 53674 $85.00 SUBWAY OPERATING SUPPLIES-GENERAL TEEN WORK PROGRAM 53675 $498.42 SUPERIOR PRODUCTS MFG CO MACHINERY & EQUIPMENT PRAIRIE VILLAGE LIQUOR #1 53676 $52.00 THOMSON, MARY BETH RFND SWIM LESSONS POOL LESSONS 53677 $232.42 US POSTMASTER - HOPKINS POSTAGE SENIOR CENTER PROGRAM 53678 $26.00 SHERRY WEIS RFND SWIM LESSONS POOL LESSONS 53679 $157.00 YOCK, DORIS RFND LIFEGUARD TRAINING POOL LESSONS 53680 $9.57 RITZ CAMERA PHOTO SUPPLIES ATHLETIC COORDINATOR 53681 $42.47 ALEXANDER, KRIS RFND AFTERNOON PLAYGROUND AFTERNOON PLAYGROUND 53682 $24.00 BLAKE, PAM RFND ARCHERY SUMMER SKILL DEVELOP 53683 $42.47 STACY BORG RFND AFTERNOON PLAYGROUND AFTERNOON PLAYGROUND 53684 $24.00 CARLSON, JAN RFND ARCHERY SUMMER SKILL DEVELOP 53685 $673.63 CONNEY SAFETY PRODUCTS CLEANING SUPPLIES WATER TREATMENT PLANT 53686 $23.00 DENNY, BRIDGET RFND HORSEBACK RIDING SUMMER SKILL DEVELOP 53687 $19.00 FLOERSCH, DARSI RFND LOVE TO DANCE SUMMER SKILL DEVELOP 53688 $3.00 FRISVOLD, LAWRENCE RFND SENIOR TRAVELING TENNIS SUMMER SKILL DEVELOP 53689 $20.00 GEIWITZ, JEAN RFND MUNCHKIN TENNIS YOUTH TENNIS 53690 $39.95 GRACEN, LEE RFND AFTERNOON PLAYGROUND AFTERNOON PLAYGROUND 53691 $4,091.66 GUARANTY TITLE SA REVENUE $669291.35 SYRS 8% 53692 $45.00 HERMAN, RUTH RFND AFTERNOON PLAYGROUND AFTERNOON PLAYGROUND 53693 $48.00 MONICA HO RFND AFTERNOON ADVENTURE AFTERNOON ADVENTURE 53694 $150.00 IPMA CONFERENCE IN SERVICE TRAINING 53695 $15.11 LAB SAFETY SUPPLY INC REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 3 COUNCIL CHECK REGISTER 08-JUL-1997 (11:37) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 53696 $205,029.00 METROPOLITIAN COUNCIL WASTEWAT SYSTEM ACCESS-SEWER SEWER DEPT 53697 $2.00 MOROSKI, SUE RFND SUMMER SOLSTICE OUTDOOR CTR PROGRAM 53698 $4,091.66 OLD REPUBLIC NATIONAL TITLE IN SA REVENUE $669291.35 5YRS 8% 53699 $45.00 JOEY OMLIE RFND AFTERNOON PLAYGROUND AFTERNOON PLAYGROUND 53700 $173.03 RITZ CAMERA PHOTO SUPPLIES COMMUNITY DEVELOPMENT 53701 $27.00 ROED, LORI RFND COMMUNITY WATER SAFETY POOL LESSONS 53702 $569.20 DIANE ROWSE INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 53703 $35.00 SMITH, CHRISTINE RFND PRESCHOOL PLAYGROUND PRESCHOOL PLAYGROUND 53704 $16,878.12 STEWART TITLE SA REVENUE $669291.35 5YRS 8% 53705 $52.00 TERRI TOMLINSON RFND SWIM LESSONS POOL LESSONS 53706 $22.37 VOGT, ALLEN RFND SWIM LESSONS POOL LESSONS 53707 $800.00 WEST SUBURBAN COLUMBUS CREDIT CREDIT UNION FD 10 ORG 53708 $134.19 ANOKA CO GOVT CTR GARNISHMENT WITHHELD FD 10 ORG 53709 $400.00 BCA CJIS ID UNIT PHYSICAL & PSYCO EXAM HUMAN RESOURCES 53710 $36.90 CATHY BOLDUC OPERATING SUPPLIES-GENERAL PRESCHOOL PLAYGROUND 53711 $37.42 ANNE BYRNE RFND AFTERNOON PLAYGROUND AFTERNOON PLAYGROUND 53712 $2,390.62 CANADA LIFE ASSURANCE COMPANY DISABILITY IN EMPLOYERS FD 10 ORG 53713 $857.00 CARVER COUNTY COURTHOUSE GARNISHMENT WITHHELD FD 10 ORG 53714 $30.00 CASANOVA, DIANE RFND SAFETY CAMP SUMMER SAFETY CAMP 53715 $52.11 JOYCE CONLEY POLICE EQUIPMENT POLICE 53716 $4,579.45 ST PAUL BOOK & STATIONERY OFFICE SUPPLIES GENERAL 53718 $200.00 ESTEP, SHARI OTHER CONTRACTED SERVICES ACCESSIBILITY 53719 $200.00 FEDERAL RESERVE BANK OF MPLS BOND DEDUCTION FD 10 ORG 53720 $115.00 GOVERNMENT FINANCE OFFICERS AS DUES & SUBSCRIPTIONS IN SERVICE TRAINING 53721 $7,395.50 GREAT WEST LIFE AND ANNUITY DEFERRED COMP FD 10 ORG 53722 $15.00 JANE GUERTIN RFND TWINS GAME SPECIAL EVENTS/TRIPS 53723 $26,953.57 HEALTH PARTNERS COBRA COSTS/REV BENEFITS 53724 $580.44 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG 53725 $29.00 HINCH, BONNIE RFND SWIM LESSONS POOL LESSONS 53726 $200.00 HOLTE, MARY OTHER CONTRACTED SERVICES ACCESSIBILITY 53727 $5,756.46 I.C.M.A. RETIREMENT TRUCT-457 DEFERRED COMP FD 10 ORG 53728 $1,442.00 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG 53729 $131.82 KRIS KROWECH PROFESSIONAL SERVICES HUMAN RESOURCES 53730 $521.14 LAUKKA-JARVIS INC DEPOSITS ESCROW 53731 $300.00 LENARD, WADE OTHER EQUIPMENT WATER TREATMENT PLANT 53732 $29.00 LINEHAM, KIM RFND SWIM LESSONS POOL LESSONS 53733 $3.62 LINSCOTT, KAREN ERROR IN PREVIOUS RFND OAK POINT LESSONS 53734 $331.00 LYONS SAFETY REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 53735 $125.00 MCCARVILLE, SUE ADVERTISING COMMUNITY CENTER ADMIN 53736 $23.00 MARILYN MCNAMEE RFND ADULT GOLF SUMMER SKILL DEVELOP 53737 $121,630.44 MEDICA CHOICE COBRA COSTS/REV BENEFITS 53738 $525.00 MEDICINE SHOW MUSIC COMPANY OTHER CONTRACTED SERVICES STARING LAKE CONCERT 53739 $29.00 MEYER, SARAH RFND SWIM LESSONS POOL LESSONS 53740 $642.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG 53741 $2,885.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG 53742 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG 53743 $74.00 NEAL, THERESA RFND ACTIVITY CAMP ACTIVITY CAMP 53744 $2,352.37 BETH NILSSON INSTRUCTOR SERVICE ICE ARENA 53745 $39,076.12 NORTHERN STATES POWER CO ELECTRIC STORMWATER LIFTSTATION 53748 $4,540.75 PRUDENTIAL INS CO OF AMERICA-C LIFE INSURANCE EMPLOYERS FD 10 ORG 53749 $45,438.26 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 53750 $273.00 PUBLIC EMPLOYEES RETIREMENT LIFE INSURANCE W/H FD 10 ORG 53752 $1,300.00 RICHARD ALAN PRODUCTIONS OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 53753 $117.15 JIM RICHARDSON OPERATING SUPPLIES-GENERAL COUNCIL 53754 $2,182.84 CITY OF RICHFIELD MTR VHCL REG & EXISE TAX P/S REVOLVING FD 1 COUNCIL CHECK REGISTER 08-JUL-1997 (11:37) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 53755 $26.00 SIT, ROSANNE RFND SWIM LESSONS POOL LESSONS 53756 $23.00 SPERR, TAMMY RFND SWIM LESSONS POOL LESSONS 53757 $17,400.00 SUBURBAN CHEVROLET GEO AUTOS P/S REVOLVING FD 53758 $15,239.00 SUPERIOR FORD AUTOS P/S REVOLVING FD 53759 $179.60 UNITED WAY UNITED WAY WITHHELD FD 10 ORG 53760 $241.50 TRACY WORTHING OTHER CONTRACTED SERVICES SUMMER SKILL DEVELOP 53761 $107.22 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL 53762 $50.00 BACKEN, BETH INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 53763 $72.76 CARD SERVICES-BUSINESS CARD TRAVEL IN SERVICE TRAINING 53764 $109.80 CATCH PROGRAM MATERIALS OPERATING SUPPLIES-GENERAL SUMMER SAFETY CAMP 53765 $116.81 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE 53766 $19,801.00 DIVERSIFIED CONSTRUCTION BUILDING PRAIRE VIEW LIQUOR #3 53767 $412.78 JANET DUBOIS INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 53768 $9,444.18 UNITED PROPERTIES ADVERTISING PRAIRE VIEW LIQUOR #3 53769 $250.00 MEYER, NICOLE OTHER CONTRACTED SERVICES PROGRAM SUPERVISOR 53770 $1,283.85 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL 53771 $95.00 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG 53772 $75.00 PAM SCHWEITZER INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 53773 $400.00 APPLEBEES AWARDS SUMMER SAFETY CAMP 53774 $206.99 AT&T TELEPHONE GENERAL 53775 $130.00 BEAULIEU, KATHY SPECIAL EVENTS FEES OUTDOOR CTR PROGRAM 53776 $614.74 DELEGARD TOOL CO NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 53777 $122.00 ERGEN, LINDA RFND ACTIVITY CAMP ACTIVITY CAMP 53778 $300.00 RICHARD ERICKSON OTHER CONTRACTED SERVICES SUMMER SAFETY CAMP 53779 $200.00 LINDA FRANKENSTEIN OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 53780 $50.00 ANN FURE OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 53781 $70.99 CYNTHIA LANENBERG MILEAGE AND PARKING FIRE 53782 $54.00 LITT, ROB RFND SPRING TENNIS PROGRAM YOUTH TENNIS 53783 $15,000.00 MELROSE PYROTECHNICS INC OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 53784 $35.00 MFAPC DUES & SUBSCRIPTIONS FIRE 53785 $142.51 THOMAS MONTGOMERY TRAVEL FIRE 53786 $660.00 MRPA SPECIAL EVENTS FEES SOFTBALL 53787 $20,091.03 NORTHERN STATES POWER CO ELECTRIC WATER TREATMENT PLANT 53788 $52.72 RINK SYSTEMS INC REPAIR & MAINT SUPPLIES ICE ARENA 53789 $160.89 SCHNEIDER, LEE TRAVEL FIRE 53790 $156.00 SHELEY, CARI RFND BRYANT LAKE DAY CAMP DAY CAMP 53791 $400.00 DAVID STAHL OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 53792 $36.50 STAR TRIBUNE MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 53793 $40.00 EMMETT J STARK OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 53794 $102.80 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53795 $5,367.97 US WEST COMMUNICATIONS TELEPHONE WATER UTILITY-GENERAL 53797 $250.00 DAVID WALBRIDGE OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 53798 $2,500.00 WEGNER, TODD OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 53799 $80.00 WITTIG, KEVIN RFND PRESCHOOL PLAYGROUND PRESCHOOL PLAYGROUND 53800 $35.00 CITY OF BLOOMINGTON IMPOUND FEES FD 10 ORG 53801 $100.00 CARLSON, DANIEL CONFERENCE POLICE 53802 $256.00 EDEN PRAIRIE SENIORS SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 53803 $787.90 EDENVALE PARTNERS UC DEPOSITS ESCROW 53804 $350.83 SUZANNE HOARN OTHER CONTRACTED SERVICES SUMMER THEATRE 53805 $31.23 HULBERT, CRAIG ACCTS REC-CUSTOMER WATER DEPT 53806 $6,221.32 J H LARSON ELECTRICAL COMPANY IMPROVEMENT CONTRACTS RETROFIT 53807 $200.00 TRACEY LARSON OTHER CONTRACTED SERVICES SUMMER THEATRE 53808 $85.68 TRIA MANN MILEAGE AND PARKING ADAPTIVE RECREATION 53809 $332.89 MASTERS, MELVIN ACCTS REC-CUSTOMER WATER DEPT 53811 $6,626.61 MID-NORTHERN ELECTRIC IMPROVEMENT CONTRACTS RETROFIT J COUNCIL CHECK REGISTER 08-JUL-1997 (11:37) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 53812 $10,065.26 MINNEGASCO GAS WATER TREATMENT PLANT 53814 $125.00 MINNESOTA PARK SUPERVISORS ASS CONFERENCE IN SERVICE TRAINING 53815 $501.54 MN VALLEY ELECTRIC COOPERATIVE ELECTRIC STORMWATER LIFTSTATION 53816 $23,955.00 NORTHWEST ELECTRONIC TECHNOLOG BUILDING EP CITY CTR OPERATING COSTS 53817 $701.47 PEMBCO ACCTS REC-CUSTOMER WATER DEPT 53818 $200.00 PETTY CASH MISCELLANEOUS PARKS & REC MONTH 53819 $102.92 PRITEKEL, THOMAS ACCTS REC-CUSTOMER WATER DEPT 53820 $21.96 RZEPECKI, STEVEN ACCTS REC-CUSTOMER WATER DEPT 53821 $24.81 TAYLOR, MICHAEL ACCTS REC-CUSTOMER WATER DEPT 53822 $325.00 UNIVERSITY OF MN-REGISTRAR,PDC CONFERENCE IN SERVICE TRAINING 53823 $314.95 US WEST COMMUNICATIONS TELEPHONE GENERAL 53824 $7.41 WEESE, REBECCA OPERATING SUPPLIES-GENERAL ROUND LAKE CONCESSIONS 53825 $40.00 WILSON, KELLY OPERATING SUPPLIES-GENERAL SUMMER SKILL DEVELOP 53826 $57.41 WINDSONG MANAGEMENT ACCTS REC-CUSTOMER WATER DEPT 53827 $20.20 WALMART STORES INC REC EQUIP & SUPPLIES SOFTBALL 53828 $560.00 GROUND PORT TRANSPORTATION SPECIAL EVENTS FEES OUTDOOR CTR PROGRAM 53829 $783.75 ANCHOR PAPER COMPANY OFFICE SUPPLIES POLICE 53830 - $80.00 BCA CJIS ID UNIT PHYSICAL & PSYCO EXAM HUMAN RESOURCES 53831 $74.96 JOHN CONLEY POLICE EQUIPMENT POLICE 53832 $160.62 EMILY EASTBURN SCHOOLS POLICE 53833 $34.18 GROWTH & LEADERSHIP CENTER OPERATING SUPPLIES-GENERAL HUMAN RESOURCES 53834 $500.00 HELLO BOOKING OTHER CONTRACTED SERVICES STARING LAKE CONCERT 53835 $27.65 KOIVUMAKI, MOLLY POLICE EQUIPMENT POLICE 53836 $631.45 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL TREE DISEASE 53838 $959.77 BJORN MCGILLAN OTHER CONTRACTED SERVICES den road building 53839 $75.00 MCPA SCHOOLS POLICE 53840 $3,549.06 ME2 INC IMPROVEMENT CONTRACTS RETROFIT 53841 $1,582.77 MENARDS REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 53844 $44.00 MINNESOTA DEPARTMENT OF NATURA OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 53845 $108.00 MN DEPT OF PUBLIC SAFETY BIKE REGISTRATIONS FD 10 ORG 53846 $500.00 PAULSON, JOHN OTHER CONTRACTED SERVICES STARING LAKE CONCERT 53847 $1,500.28 PUTNAM PARTNERS SA REVENUE $669291.35 SYRS 8% 53848 $425.00 ROBICHONS THE IN-LINE SKATE SC OTHER CONTRACTED SERVICES SUMMER SAFETY CAMP 53849 $41.48 RODNEY W RUE MILEAGE AND PARKING ENGINEERING DEPT 53850 $95.84 JACK SCHEPERS OPERATING SUPPLIES-GENERAL PRESERVE LIQUOR #2 53851 $35.00 SENSIBLE LAND USE COALITION CONFERENCE IN SERVICE TRAINING 53852 $33,312.93 TANDEM PROPERTIES SA REVENUE $669291.35 SYRS 8% 53853 $110.00 UNIVERSITY OF MINNESOTA OFFICE SUPPLIES TREE DISEASE 53854 $500.00 WEISMANN, JOSEPH OTHER CONTRACTED SERVICES STARING LAKE CONCERT 53855 $36.43 SANDY WERTS MILEAGE AND PARKING REC SUPERVISOR 53856 $323.73 A TO Z RENTAL CENTER EQUIPMENT RENTAL PARK MAINTENANCE 53857 $407.42 AAA LAMBERTS LANDSCAPE PRODUCT REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 53858 $43.39 ACTION THREADED PRODUCTS REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 53859 $111.83 ADT SECURITY SYSTEMS INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 53861 $6.00 ALL AMERICAN AQUATICS CLOTHING & UNIFORMS POOL LESSONS 53862 $250.00 ALLMAX PROFESSIONAL SOLUTIONS LICENSES & TAXES WATER TREATMENT PLANT 53863 $105.00 ALTERNATIVE BUSINESS FURNITURE OFFICE EQUIPMENT EP CITY CTR OPERATING COSTS 53864 $165.00 AMERICAN ENGINEERING TESTING I PROFESSIONAL SERVICES WATER STORAGE-BAKER RD 53865 $147.23 AMERICAN LINEN SUPPLY COMPANY OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 53866 $740.10 ANCHOR PRINTING COMPANY OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 53867 $457.75 APRES EQUIPMENT RENTAL STARING LAKE CONCERT 53868 $659.42 AQUA ENGINEERING INC REPAIR & MAINT SUPPLIES GENERAL BUILDING FACILITIES 53869 $210.76 ASPEN REACH EQUIPMENT COMPANY NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 53870 $7,849.33 B & F DISTRIBUTING MOTOR FUELS EQUIPMENT MAINTENANCE 53871 $335.21 B & S TOOLS EQUIPMENT PARTS WATER METER REPAIR 6 COUNCIL CHECK REGISTER 08-JUL-1997 (11:37) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 53872 $640.75 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES ICE ARENA 53873 $1,256.07 BELLBOY CORPORATION TOBACCO PRODUCTS PRAIRIE VILLAGE LIQUOR #1 53874 $300.00 BIFFS INC WASTE DISPOSAL PARK MAINTENANCE 53875 $459.72 BLOOMINGTON LOCK AND SAFE CONTRACTED REPAIR & MAINT FIRE 53876 $400.55 BOYDS OIL DISTRIBUTING LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 53877 $4,770.00 BRC - ELECTIONS CONTRACTED REPAIR & MAINT ELECTION 53878 $252.00 BRENDA JERDE OTHER CONTRACTED SERVICES VOLLEYBALL 53879 $296.24 BRO-TEX INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53880 $48.10 BROADWAY AWARDS OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 53881 $453.55 BRY-AIR INC REPAIR & MAINT SUPPLIES ICE ARENA 53882 $303.75 BUSINESS & LEGAL REPORTS INC DUES & SUBSCRIPTIONS WATER UTILITY-GENERAL 53883 $32.11 CAMAS-SHIELY DIVISION GRAVEL STREET MAINTENANCE 53884 $7,173.15 CAPITOL COMMUNICATIONS CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE 53885 $195.77 CARLSON TRACTOR AND EQUIPMENT EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53886 $900.00 CARTER HOLMES OTHER CONTRACTED SERVICES SOFTBALL 53887 $243.46 CENTRAIRE INC CONTRACTED BLDG REPAIRS PUBLIC WORKS/PARKS 53888 $56.20 CHANHASSEN LAWN AND SPORTS CONTRACTED EQUIP REPAIR PARK MAINTENANCE 53889 $64.00 CITY BUSINESS DUES & SUBSCRIPTIONS IN SERVICE TRAINING 53890 $360.00 CITY OF EDINA CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE 53891 $159.48 CLAREYS INC NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 53892 $46.40 CO 2 SERVICES CHEMICALS POOL MAINTENANCE 53893 $109.30 CONANT CONTROLS INC BLDG REPAIR & MAINT WATER TREATMENT PLANT 53894 $224.00 CONSTRUCTION BULLETIN DUES & SUBSCRIPTIONS IN SERVICE TRAINING 53895 $8,110.00 COOL AIR MECHANICAL INC BUILDING CC CAPITAL OUTLAY 53896 $23.30 CROWN MARKING INC OFFICE SUPPLIES GENERAL 53897 $26,576.01 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 53899 $450.00 DAN DESAULNIERS OTHER CONTRACTED SERVICES SOFTBALL 53900 $63.98 DANKO EMERGENCY EQUIPMENT CO CLOTHING & UNIFORMS FIRE 53901 $92.00 DANYS TAILOR CLOTHING & UNIFORMS POLICE . 53902 $40.00 DC VENDING OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 53903 $1,272.68 DEALER AUTOMOTIVE SERVICES INC NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 53904 $384.14 DECORATIVE DESIGNS INC RENTALS EP CITY CTR OPERATING COSTS 53905 $1,497.39 DELEGARD TOOL CO SMALL TOOLS EQUIPMENT MAINTENANCE 53906 $27.00 DEM CON LANDFILL INC WASTE DISPOSAL PARK MAINTENANCE 53907 $1,123.15 DIRECT OPERATING SUPPLIES-GENERAL FIRE 53908 $599.06 DONS SOD SERVICE LANDSCAPE MTLS & AG SUPPL STARING LAKE 53909 $5,955.00 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT 53910 $2,871.00 DUSTCOATING INC OTHER CONTRACTED SERVICES FLYING CLOUD ATHLETIC FIELDS 53911 $408.81 DYNA SYSTEMS TRAINING SUPPLIES WATER TREATMENT PLANT 53912 $165.09 ECOLAB INC CONTRACTED BLDG MAINT FIRE STATION #1 53913 $144.00 ED BRION OTHER CONTRACTED SERVICES SOFTBALL 53914 $4,321.43 EDEN PRAIRIE SCHOOL DISTRICT N GYM RENTAL VOLLEYBALL 53915 $233.10 ERIC SIT INSTRUCTOR SERVICE SPRING SKILL DEVELOP 53916 $36.45 EXPRESS MESSENGER SYSTEMS INC OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 53917 $1,623.89 FEED-RITE CONTROLS INC CHEMICALS WATER TREATMENT PLANT 53918 $178.96 FILTRATION SYSTEMS BLDG REPAIR & MAINT WATER TREATMENT PLANT 53919 $85.00 FIRSTAR TRUST COMPANY PAYING AGENT B & PAYMENTS 53920 $497.30 FLAGHOUSE INC REC EQUIP & SUPPLIES AFTERNOON PLAYGROUND 53921 $179.88 FLOYD TOTAL SECURITY OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 53922 $378.00 FRANK LAVALLE OTHER CONTRACTED SERVICES SOFTBALL 53923 $300.00 FRETHEM, CRAIG OTHER CONTRACTED SERVICES SUMMER THEATRE 53924 $350.00 FRETHEM, DEB OTHER CONTRACTED SERVICES SUMMER THEATRE 53925 $1,199.50 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA 53926 $627.06 GE CAPITAL CONTRACTED REPAIR & MAINT GENERAL 53927 $1,377.71 GENERAL OFFICE PRODUCTS COMPAN OFFICE SUPPLIES WATER TREATMENT PLANT COUNCIL CHECK REGISTER 08-JUL-1997 (11:37) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 53928 $176.14 GLENROSE FLORAL AND GIFT SHOPS EMPLOYEE AWARD HUMAN RESOURCES 53929 $2,925.95 GOLD COUNTRY INC SIGNATURE CON CLOTHING & UNIFORMS FIRE 53930 $241.50 GOPHER STATE ONE-CALL INC OTHER CONTRACTED SERVICES WATER SYSTEM MAINTENANCE 53931 $79.55 GRAFIX SHOPPE CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 53932 $1,328.06 GREATER MINNEAPOLIS AREA CHAPT REC EQUIP & SUPPLIES OAK POINT LESSONS 53933 $165.50 HACH COMPANY OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 53934 $1,527.75 HANSEN THORP PELLINEN OLSON DESIGN & CONST STARING LK PLSTUCT K20 53935 $36.97 HARMON AUTOGLASS BLDG REPAIR & MAINT PARK MAINTENANCE 53936 $104.50 HENNEPIN COUNTY PUBLIC RECORDS RECORDING DOCUMENT FEE ENGINEERING DEPT 53937 $380.76 HENNEPIN COUNTY SHERIFF BOARD OF PRISONERS SVC POLICE 53938 $50.00 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 53939 $198.00 HIMLIE, ADAM OTHER CONTRACTED SERVICES SOFTBALL 53940 $290.60 HODGES BADGE COMPANY INC OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 53941 $55.33 HOFFERS INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 53942 $7,258.11 HONEYWELL INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 53943 $61.25 IKON OFFICE SOLUTIONS RENTALS FIRE 53944 $247.50 INFRATECH CONTRACTED REPAIR & MAINT STORM DRAINAGE 53945 $87.00 INTERNATIONAL CITY/COUNTY MGMT OFFICE SUPPLIES CITY MANAGER 53946 $4,868.33 INTERNATIONAL SUNPRINTS INC CLOTHING & UNIFORMS POOL LESSONS 53947 $1,500.00 INTERNATIONAL TEST & BALANCE I CONTRACTED REPAIR & MAINT EP CITY CTR OPERATING COSTS 53948 $389.15 ITL PATCH COMPANY OPERATING SUPPLIES-GENERAL SUMMER SAFETY CAMP 53949 $1,394.67 J H LARSON ELECTRICAL COMPANY BLDG REPAIR & MAINT EP CITY CTR OPERATING COSTS 53950 $211.47 JAMIESON COMPANY, THE REC EQUIP & SUPPLIES VOLLEYBALL 53951 $1,741.31 JANEX INC CLEANING SUPPLIES FIRE STATION #2 53952 $42.33 JERRYS NEWMARKET OPERATING SUPPLIES-GENERAL FIRE 53953 $31.22 KINKOS INC OPERATING SUPPLIES-GENERAL POOL LESSONS 53954 $1,742.61 KOCH SULFER PRODUCTS CHEMICALS WATER TREATMENT PLANT 53955 $1,615.24 LAKE REGION VENDING TOBACCO PRODUCTS PRAIRE VIEW LIQUOR #3 53956 $5,793.49 LAMETTRYS COLLISION CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 53957 $816.00 LAND OF LAKES TITLE CO REPAIR & MAINT SUPPLIES POOL MAINTENANCE 53958 $830.35 LANO EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53959 $1,197.87 LEAGUE OF MINNESOTA CITIES INS INSURANCE GENERAL 53960 $1,711.46 LEFFLER PRINTING COMPANY PRINTING JULY 4TH CELEBRATION 53961 $2,518.25 MACDONALD PLUMBING CO REPAIR & MAINT SUPPLIES POOL MAINTENANCE 53962 $532.50 MAXI-PRINT INC PRINTING POLICE 53963 $1,063.91 MCNEILUS STEEL INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53964 $304.00 MEDICINE LAKE TOURS OTHER CONTRACTED SERVICES ADULT PROGRAM 53965 $350.00 MEIER, ELLEN OTHER CONTRACTED SERVICES SUMMER THEATRE 53966 $55.17 METRO ATHLETIC SUPPLY OPERATING SUPPLIES-GENERAL ICE ARENA 53967 $40.00 METRO LEGAL SERVICES INC OTHER CONTRACTED SERVICES 1993 REHAB 54044 53968 $195.95 METRO SALES INCORPORATED OPERATING SUPPLIES-GENERAL FIRE 53969 $149,350.85 MIDWEST ASPHALT CORPORATION PATCHING ASPHALT STREET MAINTENANCE 53970 $322.50 MIDWEST COCA COLA BOTTLING COM MERCHANDISE FOR RESALE CONCESSIONS 53971 $102,138.44 MINGER CONSTRUCTION INC IMPROVEMENT CONTRACTS SUNNYBROOK RD W HOMEWARD HILLS 53972 $46.94 MINNCOMM PAGING COMMUNICATIONS WATER SYSTEM MAINTENANCE 53973 $128.66 MINNEAPOLIS GLASS COMPANY CONTRACTED REPAIR & MAINT MILLER PARK 53974 $4,662.76 MINNESOTA PIPE AND EQUIPMENT EQUIPMENT PARTS WATER SYSTEM MAINTENANCE 53975 $65.41 MINNESOTA WANNER COMPANY REPAIR & MAINT SUPPLIES PARK MAINTENANCE 53976 $164.86 MN TROPHIES & GIFTS OPERATING SUPPLIES-GENERAL FIRE 53977 $1,892.57 MOSS & BARNETT OTHER CONTRACTED SERVICES ENGINEERING DEPT 53978 $96.70 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 53979 $487.55 MUNICILITE NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 53980 $836.00 NATHAN D BUCK OTHER CONTRACTED SERVICES SOFTBALL 53981 $421.02 NEBCO EVANS DISTRIBUTING MERCHANDISE FOR RESALE ROUND LAKE CONCESSIONS 53982 $1,716.57 NORTH STAR ICE MISC TAXABLE PRAIRE VIEW LIQUOR #3 V COUNCIL CHECK REGISTER 08-JUL-1997 (11:37) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 53984 $668.82 NORTHERN WATER WORKS SUPPLY IN REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 53985 $205,010.00 ODLAND PROTECTIVE COATINGS INC CONTRACTED REPAIR & MAINT HIDDEN PONDS TOWER 53986 $224.60 OLSON CHAIN & CABLE CO INC REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 53987 $5.68 PARAGON CABLE CABLE TV GENERAL 53988 $7,158.91 PETERSON ENVIRONMENTAL CONSULT PROFESSIONAL SERVICES WETLAND DATABASE DEVELOPMENT 53989 $19,179.04 PINK BUSINESS INTERIORS FURNITURE & FIXTURES POLICE 53990 $6,400.00 PLEHAL BLACKTOPPING INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE 53991 $49.90 PRAIRIE CYCLE & SKI CONTRACTED REPAIR & MAINT POLICE 53992 $3,047.79 PRAIRIE ELECTRIC COMPANY CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 53993 $37.26 PRAIRIE LAWN AND GARDEN OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 53994 $6,963.26 PRECISION PAVEMENT MARKING CONTRACTED STRIPING TRAFFIC SIGNALING 53995 $487.07 QUALITY WASTE CONTROL INC WASTE DISPOSAL FIRE STATION #1 53996 $55.48 QUICKSILVER EXPRESS COURIER POSTAGE GENERAL 53997 $70.07 RAINBOW FOODS OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM 53998 $96.00 RAINBOW RACING SYSTEM INC OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 53999 $222.37 RDO EQUIPMENT CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 54000 $162.00 REAMER, MARK OTHER CONTRACTED SERVICES SOFTBALL 54001 $479.25 RESCUE ONE INC CONTRACTED REPAIR & MAINT FIRE 54002 $390.95 RESPOND SYSTEMS SAFETY SUPPLIES GENERAL 54003 $244.74 RICHARDS ASPHALT COMPANY PATCHING ASPHALT STREET MAINTENANCE 54004 $216.88 RIGID HITCH INCORPORATED EQUIPMENT PARTS EQUIPMENT MAINTENANCE 54005 $76.80 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 54006 $288.00 ROEGIERS, BRAD OTHER CONTRACTED SERVICES SOFTBALL 54007 $169.24 RUFFRIDGE JOHNSON EQUIPMENT CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 54008 $750.00 S & R TILE COMPANY OTHER CONTRACTED SERVICES 1995 REHAB 56042 54009 $234.03 SAFETY-KLEEN EQUIPMENT RENTAL PARK MAINTENANCE 54010 $345.01 SHERWIN WILLIAMS CO REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS 54011 $7,179.35 SIGN SOLUTIONS IMPROVEMENT CONTRACTS MARKETCENTER STREETSCAPE 54012 $258.53 SIMPLEX TIME RECORDER CO REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 54013 $50.69 SISINNI FOOD SERVICE MISCELLANEOUS IN SERVICE TRAINING 54014 $45.18 SMITH & WESSON CONTRACTED REPAIR & MAINT POLICE 54015 $381.99 SNAP-ON TOOLS EQUIPMENT PARTS STORM DRAINAGE 54016 $221.53 SOUTHWEST CONTRACTORS SUPPLY REPAIR & MAINT SUPPLIES STORM DRAINAGE 54017 $79.77 SPS COMPANIES OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 54018 $234.36 ST CROIX RECREATION CO INC OPERATING SUPPLIES-GENERAL STARING LAKE 54019 $457.88 ST JOSEPH EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 54020 $13.10 STANDARD SPRING EQUIPMENT PARTS EQUIPMENT MAINTENANCE 54021 $6,170.29 STREICHERS OTHER EQUIPMENT FEDERAL FORFEITURE-DRUGS 54022 $179.34 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 54023 $24,844.56 SUMMIT ENVIROSOLUTIONS PROFESSIONAL SERVICES WATER UTILITY-GENERAL 54024 $125.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CENTER-STARING LAKE 54025 $3,912.02 SYSTECH SERVICES CONTRACTED COMM MAINT POLICE 54026 $391.00 TACTICAL & SURVIVAL SPECIALTIE CONTRACTED REPAIR & MAINT POLICE 54027 $1,466.21 THE COLOR CENTER BLDG REPAIR & MAINT WATER WELL #6 54028 $121.03 THE PROMOTION GROUP DEPOSITS ESCROW 54029 $844.07 THE STATE CHEMICAL MFG CO REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 54030 $1,134.72 THE WATSON CO INC MERCHANDISE FOR RESALE CONCESSIONS 54031 $223.00 TOM HOLMES OTHER CONTRACTED SERVICES SOFTBALL 54032 $38.13 TOWN AND COUNTRY DODGE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 54033 $200.00 TRACEY LARSON OTHER CONTRACTED SERVICES SUMMER THEATRE 54034 $465.63 TRUGREEN CHEMLAWN MTKA CITY CENTER GROUNDS MNTC POLICE STATION 54035 $15.01 TWIN CITY OXYGEN CO REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 54036 $155.34 TWIN CITY TRUCK EQUIPMENT EQUIPMENT PARTS WATER METER REPAIR 54037 $573.24 UNIFORMS UNILIMITED CLOTHING & UNIFORMS FIRE 54038 $250.04 UNITED LABORATORIES CLEANING SUPPLIES WATER SYSTEM MAINTENANCE q COUNCIL CHECK REGISTER 08-JUL-1997 (11:37) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 54039 $42.00 UNIVERSITY OF MINNESOTA OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 54040 $200.60 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 54041 $504.31 US CAVALRY CLOTHING & UNIFORMS POLICE 54042 $3,654.87 US FILTER/WATERPRO EQUIPMENT PARTS WATER METER REPAIR 54044 $88.21 USA WASTE SERVICES INC WASTE DISPOSAL ROUND LAKE 54045 $162.72 VESSCO INC EQUIPMENT PARTS WATER TREATMENT PLANT 54046 $226.13 VOSS LIGHTING REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 54047 $205.89 W W GRAINGER INC OFFICE EQUIPMENT WATER TREATMENT PLANT 54048 $71.84 WALMART STORES INC POLICE EQUIPMENT POLICE 54049 $1,429.12 WARNING LIGHTS OF MINNESOTA SIGNS TRAFFIC SIGNALING 54050 $58.08 WESTSIDE EQUIPMENT CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 54051 $3,730.00 WESTWOOD PROFESSIONAL SERVICES PROFESSIONAL SERVICES CSAH 1 SIGNAL 54052 $665.17 YALE INCORPORATED OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 54053 $358.91 ZARNOTH BRUSH WORKS INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 54054 $361.21 ZEP MANUFACTURING CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE $1,869,432.41* 10 COUNCIL CHECK SUMMARY 08-JUL-1997 (11:51) DIVISION TOTAL HUMAN RESOURCES $5.85 COMMUNITY SERVICE $10.63 FACILITIES $3.78 POLICE $29.09 ANIMAL CONTROL $25.19 PARK MAINTENANCE $80.15 FLEET SERVICES $307.25 ORGANIZED ATHLETICS $182.35 COMMUNITY CENTER $881.01 YOUTH RECREATION $105.14 OAK POINT POOL $136.56 PUBLIC IMPROV PROJ $1,853,881.77 DEBT SERVICE PAYMENTS $14,295.00 SPECIAL ASSESSMENTS $260,904.25 CITY CENTER $107.79 PRAIRIE VILLAGE $25,241.84 PRAIRIEVIEW $36,579.49 PRESERVE $8,634.56 WATER DEPT $1,307.38 AGENCY FUNDS $59,700.00 $2,262,419.08* II COUNCIL CHECK REGISTER 08-JUL-1997 (11:51) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 46 $107,427.21 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 47 $54,263.80 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG 48 $54,263.80 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG 49 $44,948.70 MINNESOTA DEPARTMENT OF REVENU STATE TAXES WITHHELD FD 10 ORG 50 $207.80 MN DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE 51 $73,431.00 MINNESOTA DEPARTMENT OF REVENU SALES TAX PAYABLE LIQUOR STORE PVM 52 $1,853,881.77 KNUTSON CONSTRUCTION COMPANY IMPROVEMENT CONTRACTS 10 MGD WATER PLANT EXPANSION 53 $14,295.00 NORWEST BANK MN N.A. INTEREST CERTIF FUND PAYMENTS 54 $59,700.00 FIRSTAR TRUST COMPANY DEPOSITS ESCROW $2,262,419.08* CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions July 15, 1997 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. 1st Reading of an Ordinance Amending Administration City Code Chapter 2 Relating to the Sale VII A of Abandoned Property Requested Action: Approval of First Reading of the Ordinance Amending City Code Chapter 2 Relating to the Sale of Abandoned Property. Background: The effect of the amendment is to permit the sale of abandoned property through a nonprofit organization that has a significant mission of community service. This alternative to sale at a public auction is authorized by state law. The police department has requested this amendment in order to enable the City to sell abandoned property through an organization called "The City Store," reported to be an outlet for Minneapolis police property and evidence warehouse.. I POLICE =en MEMORANDUM praine TO: The Mayor & City Council THROUGH: Commander Therkelsen FROM: Cpl Conley ck DATE: July 8, 1997 SUBJECT: Proposed Ordinance Change I believe that the ordinace change would provide for a more efficient and cost effective method for the disposal of unclaimed property that has been processed by our property/evidence room staff. Historically, we have sold this property at an annual auction. However, this system has produced slim profits due to our staffing expense and the fee paid to the auctioneer. We also have had the problem of storage of these hundreds of items during the months prior to the auction. If the change is approved, we would start using a non profit group which operates a business called "The City Store". This group accepts property from municipalities and offers the items for sale to the public. The business is part of youth outreach program providing work experience for disadvantaged youth in the inner city. At the present time, the Cities of Minneapolis, Richfield, & Crystal are using the program to dispose of their property. Representatives from these Cities have advised that they are very pleased with the program. On the financial side, we would receive 50% of the sale price on all of our items sold through the store. In conclusion, "The City Store" would provide for us a more efficient & cost effective method for the disposal of our property. The passage of the ordinance would allow us the option to utilize this agency. If you have any questions or concerns, please contact me. LANG, PAULY, GREGERSON & ROSOW, LTD. ATTORNEYS AT LAW SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE, SUITE 370 EDEN PRAIRIE, MINNESOTA 55344 TELEPHONE: (612) 829-7355 FAX: (612) 829-0713 ROBERT I.LANG MINNEAPOLIS OFFICE ROGER A.PAULY DAVID H.GREGERSON' FIRST BANK PLACE RICHARD F.ROSOW 1600 IBM PARK BUILDING MARK J.JOHNSON 650 THIRD AVENUE SOUTH JOSEPH A.NILAN' MINNEAPOLIS,MINNESOTA 55402 TODD A.SATTLER TELEPHONE:(612)338-0755 JENNIFER M.1NZ FAX:(612)349-6718 GERAINT D.POWELL JERRY D.PERRON REPLY TO EDEN PRAIRIE OFFICE 'Also Admitted in Wisconsin MEMORANDUM TO: Mayor and Members of City Council THROUGH: Carl Jullie, City Manager FROM: Roger A. Pauly DATE: July 3, 1997 SUBJECT: Amendment of City Code Chapter 2 Relating to the Sale of Abandoned Property Attached is an ordinance amending City Code Section 2.86, Subd. 2 relating to the sale of abandoned property. The effect of the amendment is to permit the sale of abandoned property through a nonprofit organization that has a significant mission of community service. This alternative to sale at a public auction is authorized by state law. The police department has requested this amendment in order to enable the City to sell abandoned property through an organization called "The City Store," reported to be an outlet for Minneapolis police property and evidence warehouse. rap\ep\memos\sec286.703 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 2.86, SUBD. 2. BY RELETTERING PARAGRAPH "D" TO "E" AND ADOPTING A NEW PARAGRAPH "D" AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.86, Subd. 2 is amended by changing paragraph D to paragraph E and by adopting new paragraph D as follows: D. In lieu of the procedures set forth in paragraph C of this subdivision abandoned property may be disposed by a private sale through a nonprofit organization that has a significant mission of community service. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1997, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1997. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1997. 4 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 7-15-97 SECTION: PETITIONS,REQUEST, AND COMMUNICATIONS ITEM NO. I DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger APPEAL OF VARIANCE 97-8 DENIAL BY BOARD OF Jean Johnson ADJUSTMENTS AND APPEALS Requested Council Action: 1. Consider setting a meeting (August 19, 1997) to hear an appeal of Variance 97-8 by Radiator Warehouse West for: a. Approval to utilize 3 portable metal storage units on the property for a 1-year period (Code requires 75%brick, stone, glass, rock face or treated block). b. Place the storage units at a(zero) 0'setback from the south side lot line (Code requires a 20 foot setback). c. Temporarily expand a non-conforming use. or: 2. Support the Board of Adjustment and Appeals decision denying Variance 97-8. BACKGROUND: PREVIOUS BACKGROUND: In the summer of 1995, City Staff noticed 6 portable storage units behind the building at 6390 Carlson Drive. The building owner(Norm Johnson) and occupant(Radiator Warehouse West) were notified that the units did not conform to code. The occupant requested time to negotiate a possible sale of the property so permanent building expansion could be pursued. Negotiations continued through the summer and fall. At that point, Staff requested the storage units be removed. The occupant requested a variance process. It was recommended a lot survey be done and submitted with the variance application. The owner and occupant did not agree on cost sharing and no survey has been submitted. The BOA granted variances for 3 storage units for one year. Motion carried 5:0. The one year expired May of 1997. A reapplication was made. At the June 12, 1997 meeting, the Board felt the Terms of'96 variance were not complied with because evidence of attempt to purchase or conform was not submitted;and excess and additional materials have been stored outside in violation of Variance 96-9. Motion carried 5:1. I SUPPORTING INFORMATION: Letters dated 6-25-97, 4-7-97 and 11-30-95 Staff Report dated 5-8-97 Minutes dated 3-14-96, 5-9-96 and 6-12-97 Photos 2- 1RATOR WAREHOUSE WEST 6390 CARLSON DR EDEN PRAIRIE, MN 55346 June 25 , 1997 CITY OF EDEN PRAIRIE 8080 MITCHELL RD. EDEN PRAIRIE, MN 55344-2299 p ATTN: JEAN JOHNSON RE : APPEAL DECISION VARIANCE REQUEST #97-08 In regard to the petition of Radiator Warehouse West, 6390 Carlson Dr. Eden Prairie, the variance request to extend Variance #96-09 for the use of three (3) portable temporary storage units for a period of one ( 1 ) year. We feel the decision to deny is unreasonable and discriminating. These units are not in any way being protested or complained about by any adjoining property owners . There are many other units in the area and they bother no-one. We are not looking for any expansion of a non- conforming use as you wrongfully stated in your decision letter. We feel this is an industrial area, and that is what the variance is for, to help the businesses in these areas. We paid our $430.00 fee in April, the City accepted and cashed the check and we feel it should accept our application as such. We wish to get this handled as quickly as possible. Thank you. ;...__ Donald D Tesch Radiator Warehouse West cc: Mayor City Council Members aY: Radiator Warehouse West 6390 Carlson Drive Eden Prairie Mn 55346 APRIL 7 , 1997 CITY OF EDEN PRAIRIE *8080 NITCHELL ROAD EDEN PRAIRIE, MN 55344 RE : Variance #96-09 ATTN: JEAN JOHNSON In regard to your inquiry on the status of the storage units . We have removed several units and have 4 left, which .we desperatly need. We are not in a position to..move our business , and because oL.. circumstances have not had time to reach an agreement with the present, owner . Most of 1996/97 has been s.pen.t.. with my wife : in_. the hospital, up until her death a few months ago, which was more important to me_ then trying_. to purchase....a property. We would like an extension for. another year to try and work with the owner. I believe in the Industrial_ Area this should not be � problem.. There have been no complaints and we have no neighborhoods near by. IF you cannot renew the variance, we would like to know the reason. Thank You, €j✓ /, Donald D Tesch President RADIATOR WEST. RAIDATOR WAREHOUSE WEST 6390 CARLSON DR EDEN PRAIRIE MN 55346 November 30 , 1995 Jean Johnson City of Eden Prairie 8080 Mitchell Road Eden Prairie Mn 55344-2230 Re: Variance Letter of November 14 , 1995 This variance is requested to make it possible for us to be in compliance with your ordinances and to still stay in business. We need the extra storage space for our inventory and equipment . We do not own the property and the owners are not interested in remodeling or adding extra space at this time. We are trying to negotitate the purchase of the property, but have not reached any agreement yet . Under the circumstances we are using temporary steel containers , which is not what we would like but we cannot afford any other way at this time. These storage units are in color and we have been using some of them since 1989. We have upgraded the interior of the existing building but cannot afford to continue to replace someone else's property . • We do employ 6 to 8 employees who depend on us for their livelihood. This is the reason for needing this variance request. Thank you , • DONALD D TES Radiator Warehouse West cc: file • • BOARD CIF ADJUSTMENTS & APPEALS of E e Pratne 8O8U 1 itchell Read Eder<P ran ie MN 55344 9d98485. STA. REPt RT. VARIANCE: #97-08 MEETING DATE: May 8, 1997 Extension of Variance #96-09 APPLICANT: Radiator Warehouse West LOCATION: 6390 Carlson Drive REQUEST: 1. Approval to utilize 4 portable metal storage units on the property for a 1-year period (Code requirew 75% brick, stone. glass, rock face or treated block). 2. Place the storage units at a (zero) 0' setback from the south side lot line (Code reauires a 20 foot setback). 3. Temporarily expand a non-conforming use. ZONING DISTRICT: I-2 Industrial Park AREA CHARACTER: This .8 acre site has a 48' x 80' block building which was constructed around 1962. It is a non-conforming industrial lot adjacent to other non-conforming lots. The small non-conforming lots in this area do not meet code in the following areas: hard- surface parking, landscaping, setbacks, lot size, building.materials, etc. Newer conforming industrial lots are located east and south of this site. BACKGROUND: Refer to Mr. Tesch's April 7, 1997 letter PREVIOUS BACKGROUND: In the summer of 1995, City Staff noticed 6 portable storage units behind the building at 6390 Carlson Drive. The building owner (Norm Johnson) and occupant (Radiator Warehouse West) were notified that the units did not conform to code. The occupant requested time to negotiate a possible sale of the property so permanent building expansion could be pursued. Negotiations continued through the summer and fall. At that point, Staff requested the storage units be removed. The occupant requested a variance process. It was recommended a lot survey be done and submitted with the variance application. The owner and occupant did not agree on cost sharing and no survey has been submitted. • APPLICANT'S STATED HARDSHIP: OPTIONS: 1. The entire business could relocate to a site which has building space to accommodate the business' warehouse needs. 2. Just the warehouse needs of the business could be relocated to a different industrial building. If option 1 or 2 is selected, a date by which the storage units need to be removed could be set by City Staff. ACTION: The Board may wish to choose from one of the following actions: 1. Approve Variance Request #97-08. 2. Approve Variance Request#97-08 with conditions. 3. Continue Variance Request#97-08 if additional information is needed. 4. Deny Variance Request #97-08. Conditions for consideration: A. The 4 storage units may be used for 1 year. The units must be removed on or before May 8, 1998. B. No other equipment or supplies may be stored outside on the property. (This includes chemicals, i.e. antifreeze, flush solutions, etc...) Failure to meet the conditions of the variance will be a misdemeanor. If the Board approves the variance, Staff recommends the conditions A-B listed above. BARB\\SCOTI1B OA\9708.SR 3 PUBLIC HEARING NOTICE BOARD OF ADJUSTMENTS AND APPEALS MEETING Thursday, May 8, 1997 - 7:30 PM City Center - 8080 Mitchell Road Eden Prairie, MN 55344 Variance: #97-08 Location: 6390 Carlson Drive (Location map is on reverse side of this notice) Applicant: Radiator Warehouse West, Donald D. Tesch NOTICE: You and your neighbors are invited to attend the public hearing about a variance being requested for a lot in your area. The land owner is requesting the following actions by the City: To extend variance 96-09: 1) Use of four portable metal storage units on the property for a period of one year (City Code does not permit outdoor storage in the I-2 District)., 2) To place the storage units at a 0' (zero) setback from the south side lot line (City code requires a 20' setback for structures in the I-2 District), and 3) To permit expansion of a non-conforming use. WHAT HAPPENS AT THE MEETING: The purpose of this public hearing is to inform you about the land owner's request and to obtain input from the neighborhood about this variance request. During the meeting,the Chairman will lead the public meeting through the following steps: 1)The Developer/Land Owner will present plans on the request; 2) The Planning Staff will give a report; 3)You, the members of the audience, will be asked for your comments; and 4) After receiving all this information,the Board will discuss the request. If the Board feels they have adequate information, input, and analysis about the request,they may take action on the proposal. QUESTIONS OR COMMENTS: If you wish to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you want to talk to someone about the proposed variance, please contact Jean Johnson, Zoning Administrator, at 949-8490. If you choose to submit written comments, it is helpful to have one copy to the Planning Department in advance of the meeting. Copies will be provided to the Board members in their packets. Notice of this public hearing has also been published in the EDEN PRAIRIE NEWS on April 24, 1997. 8080 Mitchell Road o Eden Prairie,MN 55344-2230 o Telephone:(612)949-8300 B ARBUEAN'B O A\97n8 RES • --ICCLj\-:-A----s"----..- 'Illgtog‘ 4 i Vs"lily f ft_ • ' V.-5 (1 ‘iiPY dr° 1 L'r,r/i-t,, ..1-1 4'2t171 . 4h _klit141 - . ' f / if•)B. .. . .. 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Q 7:. ... Mt . , . ,. , �d :A K E R ROAp ,o15..12,..• l h �\• .IDLE i,.4N\( 1 1 'e. 4 • it •P p oE DRIVE ( 1— UNAPPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY,JUNE 12, 1997 7:30 P.M. CITY CENTER COUNCIL CHAMBERS 8080 MITCHELL ROAD BOARD OF APPEALS MEMBERS: Chair Kathy Nelson, Cliff Dunham, Delavan Dye, William Ford, Louis Giglio, Matthew Hansen,Michael O'Leary STAFF LIAISON: Zoning Administrator Jean Johnson and City Recorder Barbara Anderson MEMBERS ABSENT: Louis Giglio CALL TO ORDER Chair Nelson called the meeting to order at 7:30 p.m. ROLL CALL Board member Giglio was absent. O'Leary arrived at the meeting at 7:50 p.m. I. APPROVAL OF AGENDA MOTION: Dye moved, seconded by Ford, to approve the agenda as published. Motion carried 5-0. II. APPROVAL OF MINUTES - May 8, 1997 MOTION: Hansen moved, seconded by Dye,to approve the May 8, 1997 Minutes of the Board of Adjustment and Appeals as published. Motion carried 5-0. III. VARIANCES A. Request#97-08 by Radiator Warehouse West,Donald D. Tesch for 6390 Carlson Drive to extend variance 96-09: 1) Use of four portable metal storage units on the property for a period of one year(City Code does not permit outdoor storage in the I-2 District)., 2) To place the storage units at a 0' (zero) setback from the south side lot line (City Code requires a 20' setback for structures in the I-2 District), and 3) To permit expansion of a non-conforming use (continued from May 8, 1997 Board of Adjustments & Appeals meeting). Mike Tesch was present representing his father, Donald Tesch. He requested an extension of the variance for one year to allow them to get things in order. They have three storage bins on the property presently as they removed two units from the site. The first storage unit was removed last year and the second one was removed three months ago. They are trying to get everything to fit into the building so they are downsizing their inventory. They are still trying to purchase the property but the owner MINUTES OF THE BOARD OF ADJUSTMENTS AND APPEALS June 12, 1997 Page 2 has just returned from vacation and it's not been feasible to negotiate thus far. Dunham commented that there was a lawn mowing business storing equipment on the site and he asked if that was permitted. Johnson responded she had not been aware of this and it was not there when the site was inspected in May. Dunham asked if Mr. Tesch could document efforts to purchase the property and Tesch responded that he did not have any documents with him. Dye stated he wanted to see a definite date established by which time the site would be in compliance. Ford asked what they did with the gas tanks and Tesch responded that they clean and refurbish them for resale. They also have some that they have to dispose of because people do not want them. Ford inquired if the inventory was reduced could one additional storage unit be removed, and Tesch responded that was the plan. Nelson asked where the material they remove from the tanks went and Tesch responded that they wash out the tanks with soapy water and there was no material coming out because the gasoline was removed prior to the tanks being brought to the site. Nelson asked why it would take a complete year to get rid of the excess inventory and eliminate the outside storage and Tesch responded they have to work at inventory reduction in addition to doing their regular work, so it's taking longer to reduce that it would if they could work at it full time. Nelson inquired if they had investigated alternative storage sites in case the variance extension was not approved and Tesch responded negatively. Johnson gave the staff report and noted that Hennepin County had been out to the site for a routine inspection. It was further reported a realtor had called regarding the variance, and stated this type of outdoor trailer storage makes it difficult to lease space in other buildings. Dunham noted that there were stipulations on the original approval which required no outside storage or additional equipment on the site, and both of these had been violated. O'Leary commented there were gas tanks sitting in between.two of the sheds and the neighbors were storing their mulch and landscaping material on the site. He asked if the rust was ruining the tanks and Tesch responded they sandblast the tanks anyway and rust would not harm them. Nelson inquired if they had submitted any purchase offers in writing to the property owner since they had appeared before the Board last year and Tesch responded he did not know and would have to ask his father. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. O'Leary commented it did not appear the proponent's were making a strong effort to live it MINUTES OF THE BOARD OF ADJUSTMENTS AND APPEALS June 12, 1997 Page 3 up to the stipulations of the previous approval. Ford stated the variance had actually expired and Johnson responded that because the proponents had applied for an extension of the variance in April the City considers it to be "in process" and allows it to go through the process. Ford discussed the storage on the site of the gas tanks, mulch, flowers and the storage sheds. He inquired what would be done with the gas tanks and Tesch responded that they will have to store them inside or get rid of them. Tesch inquired if they could put up a fence for screening and if so, would that be sufficient for the tanks and landscape material. Johnson responded that the variance as published did not include the request for landacape material outside, and that would have to be addressed at another time. Dye commented he believed the Board should halt this process of variances and get the business owner and the landlord together to move the process of purchasing the property forward. As long as the business owner has a variance the landlord gets his rent: once that stops,perhaps the landlord will be more willing in discussing the sale of the property to the business owners. Who could then possibly expand the building for storage room. O'Leary stated he did not support granting the variance extension. Dunham stated the Board had some compassion last year when they granted the variance due to existing circumstances at that time, which allowed them to stay in business during the past year. However, he did not see an effort being made to meet the requirements set forth in the last variance approval and they have not researched any options or alternatives and he did not support extending the variance any longer. Nelson stated the variance was granted on the assumption they could eliminate the non-conforming use and while they have made some progress, the use still remains, and they violated the previous variance approval by storing more material outside.. Also, she had difficulty determining what the hardship would be because they have had a year to work things out and there is no hardship that is unique to this property. She could not justify an extension of this variance. Ford stated he could support the request given the location and the condition of the surrounding properties and since this site is better maintained than most in this vicinity. He felt that the gas tanks and landscape material should be moved out and allow the proponent time to get things in order. It could take a long time to recover from a loss and it was difficult to determine how this has impacted this family. The hardship is they may have to shut down the business while they remove inventory from the site. Nelson stated there are storage places where they could rent storage for their excess inventory. The cost factor is not a reason for granting a variance. There is a small wetland area very close to the storage units which could be adversely impacted by this storage. Discussion ensued regarding all the things stored on the site and the differences between zoning districts. Allowing outside storage in I-2 could be precedent setting. Johnson noted staff does handle similar 1-2 storage problems through out the City. Each site has to be researched to determine grandfathering issues, code compliance and violation problems. Staff does handle similar issues in this industrial park. I MINUTES OF THE BOARD OF ADJUSTMENTS AND APPEALS June 12, 1997 Page 4 MOTION:Dunham moved, seconded by O'Leary to deny request#97-08 by Radiator Warehouse West, Donald D. Tesch for 6390 Carlson Drive to extend variance 96-09: I) Use of four portable metal storage units on the property for a period of one year(City Code does not permit outdoor storage in the I-2 District)., 2) To place the storage units at a 0' (zero) setback from the south side lot line (City Code requires a 20' setback for structures in the I-2 District), and 3)To permit expansion of a non-conforming use based on the finding that there is no hardship and the proponent has had adequate time to meet the code requirements. The proponent must meet the zoning code requirements within 60 days from 6/12/97. Motion carried 5-1. Ford voted "nay". IV. OLD BUSINESS V. NEW BUSINESS O'Leary asked if staff could arrange to have the old vehicles on the property to the north cleaned out. Nelson inquired if any Board members would have a problem starting the meetings at 7:00 p.m. instead of 7:30 and O'Leary responded that he would probably be late as he could not get here by 7:00 p.m. The Board decided to leave the meetings set at 7:30 p.m. VI. ADJOURNMENT MOTION: Dunham moved, seconded by Nelson to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 8:30 p.m. 13 SI- `�� • V. VARIANCES K. Nelson explained the order of the Variance presentation process to those in attendance. A. Request #96-09 by Radiator Warehouse West for 6390 Carlson Drive to permit: UUse of four portable metal storage units on the property for a period of three years. (City Code does not permit outdoor storage in the I-2 district.) 21 To place the storage units at a 0' (zero) setback from the south, Side lot line. (City code requires a 20' setback for structures in the I-2 district.) 3) To permit expansion of a non-conforming use. Donald Tesch,owner of Radiator Warehouse West said the storage is necessary because debris and moisture ruins boxes that are stored within the building. Dunham asked what has been accomplished in trying to purchase the property. Tesch said the current owner has been indecisive. Dunham asked if another site has been considered. Tesch said he has considered this option, however, cost is a factor. Dunham asked if Tesch has looked into the possibility of the owner putting an addition on the building. Tesch said the owner said they are not interested in adding on to the building. Tesch also said,he has done all the maintenance to the property. Dunham asked how Tesch felt about the appearance of the property. Tesch said compared to the way it was, it looks the best it ever has. Hansen asked what was stored in the temporary sheds. Tesch replied new radiators and condensers. Hansen asked Tesch if he knew whether the sheds were on his leased property. Tesch said he goes by what the owners of the property say. Hansen asked if the owners of the property placed the sheds. Tesch said he was responsible for their placement. Hansen asked if Tesch knew who the neighbors to the property were. Kipp stated the piece of property on the south side is owned by the State. Hansen asked if Tesch had considered purchasing that property. Tesch said no, however, he could consider this as an option. Giglio asked if off-site storage had been considered. Tesch replied it is necessary to have items where he operates, otherwise, more trucks would be needed to move everything between sites. Dunham asked how long Tesch had occupied the property. Tesch replied since 1989. Tesch also said he originally had two other sites in operation and has since reduced his business to this one site. K. Nelson asked what would happen if his request were denied. Tesch said half of his profit would be lost. Nelson asked Tesch if he would continue his business on another site. Tesch responded, only if it were profitable. Nelson asked if Tesch would continue the remaining half of the business on the current site. Tesch said he was not sure what he would do. K. Nelson questioned the type of negotiating that has occurred between Tesch and the owners of the property. Tesch said he tried to get the owner to survey the property. K. Nelson asked if Tesch had informed the owner that he is looking at alternative sites. Tesch said his type of business should be in an industrial area. K. Nelson noted that the zero setback was on the beginning of wetlands and asked Tesch if any contaminants were involved. Tesch said no; he dealt with new items. Giglio asked Tesch about the terms of his lease. Tesch said his lease is on a month-to-month basis. Kipp said this variance was continued from the March meeting, as Tesch was unable to attend at that time. Kipp stated that the continuance is based on the proponent bringing back alternative plans and Kipp noted that Tesch has not done this. Kipp stated the property is zoned I-2 and is an old industrial area. He also said west of this particular site is a heavy industrial site. Kipp said I-General would allow the storage of such items. He stated there are options, as the staff report indicated, however, they may not be profitable. Kipp said warehouse needs could be relocated to a property to the west of this site. Kipp also said, there should be a time limit if the Board chooses approval of this variance. Kipp noted the conditions as stated in the staff report. Kipp also said the area in this section is dry and is considered a county ditch. Hansen noted that part of the variance request is to permit expansion of a non-conforming use. Kipp stated there is no hard surface parking and the number of parking stalls is not up to code. Hansen asked if anyone has had objections regarding this. Kipp responded, to his knowledge, there have been no objections. Dye expressed concern about granting a long extension. Kipp said one of the issues with this site is that it is being rented. The owner has no pressure to update the site and they have nothing to gain or lose as long as the owner can continue to lease the building. Kipp stated there could be an additional condition that Mr. Tesch look for alternative sites that would suit his needs. K. Nelson opened the public hearing. K.Nelson closed the public hearing. Giglio asked what was located to the north of the site. Kipp said the entire area is industrial. MOTION: Dye moved to approve Variance #96-09 with conditions as follows: A. No more than three storage units can remain on-site. B. The three storage units may be used for one year. The units must be removed on or before May 1997. C. No other equipment or supplies may be stored outside on the property. This included chemical, i.e. antifreeze, flush solutions, etc... D. No extensions to the variance are permitted. /6 Seconded by Dunham. K.Nelson asked the Board if they considered eliminating the storage units all together,rather than include them in the variance. Tesch asked when the ordinance came into effect. Kipp said since at least 1969. Hansen requested a clarification that all storage units be removed in one year. Kipp stated there are six now and three would be removed in one year. AMENDMENT: B. The four storage units may be used for one year. The remaining units must be removed in sixty days. The motion carried 5-0-0. Dye moved to place Variance Request#96-11 (Item C) ahead of Variance Request #96-10 (Item B). Seconded by Dunham and the motion carried 5-0-0. C. Request#96-11 by William Hoag for 11995 Sunnybrook Road. 1) To permit a building addition 95' from Purgatory Creek. (Code requires a 100' set back and, 2) Rear yard setback of 28'. (Code requires a 50' setback.) William Hoag said he is requesting this variance to improve his property. He also said he requested a variance two years ago for an addition and remodeling. For this variance, Phase II, he wants to add on to the kitchen. He said be purchased the property, which was in foreclosure, in 1990 and has made many improvements to it since then. Hoag said his home located on Purgatory Creek has a 95 foot setback from the creek. He said the addition will not be any closer to Purgatory Creek. Hoag said his property is zoned rural and the neighboring properties are zoned R1-13.5, which permits up to a 10 foot side yard setback, and a 20 foot rear yard setback. Hoag requested to be rezoned R1-13.5 to alleviate a need for a variance on the side setback. Hoag said bringing in city water and sewer has torn up his property extensively. He said he prefers building the addition now to avoid re-landscaping and re-sodding twice, which would be very costly. He also said since he is hooked up to city water now, basically he could be rezoned. Nelson asked Hoag if he had applied for rezoning. Hoag said he is considering this option. Dye asked about the extension on the property due to the addition. Hoag said the extension will be on the east side of the property. Dye asked if the present kitchen was small. Hoag said it was 8' x 8'. Nelson asked if licensed professionals were doing the construction. Hoag said he will do the construction,just as he did for the last addition. /' BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 9 Vasaly said she strongly opposes the granting of this request even though it is a convenience for shoppers. She said in granting this variance, the Board would be faced with other similar variances in the future. Dunham said he,too, was not in favor of the variance. He said Eden Prairie has many landscaping business that can handle this issue. He said he is not in favor of granting this variance to Cub Foods for a period of a month. Vasaly added that Cub Foods has the option of placing a permanent structure on their site. Nelson said she opposes the granting of this variance because other plant • businesses in Eden Prairie are affected by Cub Foods promotion. She said Cub Foods can run a smaller project. She also said she is pleased with the Code updates. Weeks said he has problems with granting this variance also, due to the fact that Cub Foods has other options. Weeks asked the proponents if they would be willing to come back, in a continuation, with some other ideas. Summers said it appears as though the variance will be denied, therefore, Cub Foods will do the sale the same as last year,utilizing less space. Summers added that the south side of the building is designed for truck traffic around the back of the store. He said the driveway is a one-way with truck traffic,however, he said this option would be reviewed. MOTION: Vasaly moved to deny Variance Request#96-08 due to the lack of a hardship. The motion was seconded by Nelson and it carried 4-1-0, with opposition by Lynch. E. Request#96-09 by Radiator Warehouse West for 6390 Carlson Drive to permit: 1) Use of four portable metal storage nits on the property for a period of three years. (City Code does not permit outdoor storage in the I-2 district.) 2) To place the storage units at a O'jzero) setback from the south side lot line. CCity code requires a 20' setback for structures in the I-2 district.) 3) To permit expansion of a non-conforming use. Mike Tesch, son of Donald Tesch, owner of Radiator Warehouse business, said Donald Tesch was out of town due to a family emergency. Tesch said the business deals in new and rebuilt radiators, as well as the installation and repair of these items. The business,not the property, is owned by Donald Tesch. Weeks asked what was stored in the building and why the extra storage was needed. Tesch said new radiators are stored in the buildings and extra storage is needed due to lack of space in their two other buildings. Weeks asked if the items could be stored off-site. Tesch could not answer without first speaking to Donald '7 BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 10 Tesch. He also said Donald Tesch is looking at moving to another location in the future. Weeks asked for and update of the negotiations on acquiring the property. Tesch said the owners are away for the winter. He said he knows that what the owners think the property is worth and what the Tesch's think its worth are different. Vasaly asked if a continuation was granted to next month,would Donald Tesch be available. Tesch said his father should be back in two to three weeks and they would know more as to where they stand at that point. Kipp said a lot of this industrial area is non-conforming. He said the City asked for a survey of the property, but because the land owner could not agree on the cost, the survey was not done. Therefore, staff operated purely on photographs. Kipp said there are other industrial sites which provide for cold storage. Kipp said the other option would be to have warehouse needs off-site. He said there would be some conflict to accessing items, however, there is probably computer inventory access on-site. Kipp said the variance request could be minimized by limiting the storage units and the time frame. Kipp mentioned the conditions for consideration as printed in the staff report. Kipp said there is a I-General zoning district across the street, however, this site was noticed due to its continued expansion. Weeks opened the public hearing. Weeks closed the public hearing. Vasaly said there is not enough information available at this time,therefore, she would like to see a continuance granted. Dunham also said he would like more information. He also questioned whether the continuation should be for sixty days, instead of thirty days,perhaps allowing the parties to settle the matter amongst themselves. Nelson suggested a sixty day continuance, and urged the proponent to seek an alternative solution. Kipp said the proponent should define their hardship. Nelson added that the containers stored on the property are unsightly and suggested the Board view the property. Weeks said he cannot support the request without more information from the owner and the lessee. MOTION: Dunham moved to continue Request#96-09 for 60 days with conditions to include alternatives and possibly some other resolutions. Seconded by Vasaly. Amended by Weeks. The word options should be used in place of the BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 11 alternatives. What are the options and the ramifications as it affects the proponent. The proponent should define the hardship with each of the options that are available. Amendment accepted by Dunham and Vasaly. The motion carried 5-0- 0. IV. OLD BUSINESS Tom Morgan, whose variance request was denied by the Board of Adjustments and appeals by a 3-3-0 vote, went to the City Council, which overturned the vote and granted Mr. Morgan approval of his variance. Weeks asked why the vote was overturned. Kipp said it was mainly due to the fact that neighbors were not opposed to the addition of a third garage stall, and the majority of the block has three stall garages. V. NEW BUSINESS Revised Shoreland Ordinance Kipp said the Shoreland ordinance was never formally adopted by the DNR. He said the new ordinance was analyzed and it incorporated many issues that are included in the State standards. Kipp said if you look at the State Shoreland Code, it is designed mainly for cabin settings. Kipp highlighted items from the staff report,which is included in the Revised Shoreland Management Code Book. Kipp said the Shoreland Ordinance exceeds what the DNR requires. Kipp said there is one item that will affect the Board. He said the current ordinance requires all shoreland variances to go to the Board of Appeals. The new code does not require that a shoreland variance request be submitted to the Board of Appeals, if the development is part of a Planned Unit Development(PUD). Kipp added that if a person requests a shoreland variance, and is not part of a PUD,it is required that information be provided as to the health and condition of any septic system on the property. The request is not granted unless the system is up to code. Dunham asked if the revised code has been sent to the DNR. Kipp said it did go to the DNR and has been approved, subject to final City approval. He added that the DNR granted $5,000 to assist with the project. Kipp said there is only one variance request application for next month and it will be interesting due to neighborhood opposition. He said the plan is for a 16,000 square foot one-story office building approximately 130 feet from a portion of Anderson Lakes,where code requires a 200 foot setback. Residents adjacent are in Bloomington. F1 Peo w.foiAt` 4SMAM1kRv.s.:P...n ^SOY¢.fmC.asp.nwrtmc»uv.w..w..u.ay..rra.- MAY 1997 :iii „ .,_., / ,son), .,,/ ,-...A..., 1..-..,./.. , \ —. --- 1• yi ,y ;' > i'i`'! i.t 4,,.E . • 11441 ,1j to =.7_ JUNE 12 , 1997 DEPICTING FIVE TRAILERS, ROCK/CHIP/SAND PILES, AND LANDSCAPE ITEMS STORED ON LOT IN VIOLATION OF 1996 VARIANCE ti� x , �, i ti " ,4 1. r ,t j-, � ie-1' j"e. 4 --' !Pin G -4g254 • .. - `..4. .' '",4 ''o, '...„. r:7:_r, ' ‘--7,'" „4-.=-'--',4 - .-2--ver.,,,...-.....;--.-- .....-,.,40,-:.-1 - ,-,,----v4.-.. l'':::::'''' . -..4..,-...- may, _ y ••• _. - ems., . TY "jr, � CITY COUNCIL AGENDA Date: July 14, 1997 Section: Director of Parks,Recreation and Natural Resources Department: PRNR Item Description:Miller Spring Improvement Item No.: 'j Bob Lambert, Director Project --'�- RECOMMENDATION: City staff recommend the City Council authorize Barr Engineering to proceed with plans and specifications for the Miller Spring improvement project and provide the City Council with detailed plans on the final design of the gazebo prior to going out for bid on this project. CONSIDERATIONS: Earlier this year,the City Council approved a tentative joint project with the Riley-Purgatory-Bluff Creek Watershed District to complete an improvement project at Miller Spring that would result in raising the parking lot approximately two feet and moving the spring outlet away from Spring Road. As a part of this project, City staff recommended a signage gazebo that would provide information on the history of Miller Spring, the quality of the water, and in the future trail information on the access to Prairie Bluff Conservation Area. Barr Engineering has completed some preliminary cost estimates for this improvement project. Barr Engineering expanded on the size and scale of the gazebo and are recommending bringing the water outlet into the gazebo. The attached concept plan depicts the use of riprap along the stream; however, City staff would discourage the use of riprap as it would take away from the natural character of the stream bed and would most likely cause an ongoing maintenance problem with children throwing rocks into the creek. City staff believe the concept on the design of the gazebo and how people can use the water without creating an icy, slippery condition needs to be further developed. COST ESTIMATES: Attached to this memorandum is a cost estimate provided by Barr Engineering that includes approximately$26,000 for extending the pipe, installing drain tile,raising the parking lot by two feet and paving over the new parking lot. This includes approximately $3,600 for field stone riprap that 1 would be eliminated if the final decision is to handle all the water by pipe. An additional $10,000 is budgeted for construction of a gazebo and $12,700 for engineering and contingencies. Barr Engineering indicates these costs are conservative estimates if the entire project is contracted for completion. If the City Council approves this project it would be a fifty-fifty split on the cost of the project with the Watershed District. City staff could reduce the cash commitment from the City by completing some of the project, such as removal of the bituminous,hauling in the fill, and placing the Class V and bituminous surface. Staff would recommend bidding those aspects of the project as add alternates to allow the City to have the opportunity to add those to the project if the City does not have the time to do that project when it is required. Staff recommends funding the City's share of this project from cash park fees. BL:MDD spring.memoBob97 2 z -r Miller Spring Improvements June 27,1997 ITEM QUANTITY UNIT PRICE EXTENSION Silt Fence 240 L.F. $3.00 $720.00 Bituminous Removal 275 S.Y. $2.50 $687.50 Common Fill 570 C.Y. $5.00 $2,850.00 Pipe for Spring 40 L.F. $20.00 $800.00 4" Drain Tile 140 L.F. $10.00 $1,400.00 Bituminous Roadway with Class 5 Base 635 S.Y. $20.00 $12,700.00 Concrete Curb 190 L.F. $15.00 $2,850.00 Gazebo ; CAL) 1 L.S. $10,000.00 $10,000.00 Fieldstone Riprap J 60 C.Y. $60.00 $3,600.00 Topsoil and Seeding 350 S.Y. $2.00 $700.00 CONSTRUCTION COST _ $36,307.50 +35%Administration, Engineering and Contingencies $12,707.63 TOTAL $49,015.13 3 • t' e1l� IIA �'}}-.• r, t� Y4,.,.. .,1.',�t�l iP. �i4.''., , i .I,�; , (- , , ,: _;9.^.,:r,'• ,.,,.,: Y�: .3::, !ail Fi' �'.' i - witi* :d. 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" u hinovve 734' rile.Ycreek 736' L....\ 732' 7381„,....\ 0' G k CITY COUNCIL AGENDA Date: July 14, 1997 Section: Director of Parks, Recreation and Natural Resources Department: PRNR Item Description: 4thof July Update Item No.: Through: Bob Lambert, Director X J (2-- From: Tria Mann, Recreation Supervisor 4th of July Celebration, "It was GREAT!" Friday, July 4, 1997 marked the 13th annual Fourth of July Celebration in Eden Prairie. Overall reviews were that it was a smashing success. The preliminary results are as follows: Round Lake Park: • 94 number of participants in the mini-triathlon. A 17 participant increase from last year. • 62 number of participants in the kiddie triathlon. A 21 participant increase from last year. • The mixed doubles tennis tournament did not get enough registrations to run. • The mens softball tournament filled with 8 team and the added brat feed for the teams was a huge success. • The games and activities held on the beach and marina ran with about the same attendance in the years past. Staring Lake Park: • 556 people attended the Teddy Bear Band concert. • 212 people attended the Community Band concert. • Games and activities were held from 3:30 - 6:30 p.m. • Concessions ran from 3:30- 7:00 p.m. Eden Prairie Center: • Set up began at 11:00 a.m. with the fireworks and 4:00 p.m. with the entertainment area. • The first spectators arrived between 6:30 & 7:00 p.m. • By the start of the evening, 8:00 p.m.,there was an estimated 400 people in the Sears parking lot, entertainment area,which filled up by 9:00 p.m. Estimated numbers for the entertainment area are still being determined. • The police have estimated between 30,000 and 50,000 people observed the fireworks from the downtown area(including the Center and surrounding business parking lots)compared to 15,000 people, at the most, for previous years at Round Lake Park. • The fireworks went off right at 10:00 p.m. and lasted 23 minutes. • It took 25 minutes for the police to empty the parking lots at the Center compared to 45 minutes in the past at Round Lake Park. The police received many thank you's as spectators left the lots. • Many compliments were received about Kid Hollywood and the Wild Coconuts,the evenings entertainment. 1 Budget: The preliminary budget results for the 4th of July are: (does not include full-time staff cost for Recreation, Parks, Police, or Streets) 1996 1997 Total Expenditures: $22,480.00 $27,376.20 Total Revenue: $15.166.00 $16.590.00 Difference: -$ 7,314.00 -$10,786.20 %Subsidy 33% 39% Cost per person: $.49 $.36 Based on attendance of: 15,000 spectators 30,000 spectators Note: Fireworks were increased by$5,000 this year for a total of$15,000 compared to the $10,000 the previous two years-which is the reason for the increase in expenditures. • DATE: 07/15/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM 1. SECTION: Director of Public Works DEPARTMENT: ITEM DESCRIPTION: Public Works Sale of Land to MnDOT for TH 212 Eugene A. Dietz Fire Station No. 1 and Parks/PW Maintenance Building Recommended Action: Adopt resolution authorizing sale of Fire Station No. 1 and Parks/Public Works Maintenance Building to the Minnesota Department of Transportation (MnDOT) for right-of-way purposes to construct Trunk Highway 212 (TH 212). PARCEL 76C -- Fire Station No. 1 The sale price for Fire Station No. 1 is $1,256,000. According to the purchase agreement, ownership of the building would occur 120 days after final acceptance -- approximately December 1. The MnDOT property manager has agreed to lease the building back to the City on a month-to-month basis for $5,000 per month. MnDOT is currently evaluating our request that we be able to lease the space until 60 days after the bid opening which is scheduled in April, 1998. The replacement for the fire station is progressing, but is not likely to be available at the time that MnDOT will require us to vacate. The backup plan is to utilize the south end of the existing maintenance facility as a temporary location until the new station is completed. PARCEL 76D -- Parks/Public Works Maintenance Building The sale price for this parcel is $3,132,421. The purchase agreement provides for possession to transfer to the State 120 days after the date of acceptance -- approximately December 1. The scheduled completion date for the replacement maintenance facility is November 15, 1997. The MnDOT property manager has agreed that if we need two more weeks it will be at no cost, but for any longer extension we may rent the facility for $10,000 per month. In addition, the purchase agreement provides that the City will be able to keep the south end of the current building (approximately 10,000 square feet) at no additional cost and that certain equipment pieces that exist in the building may be salvaged at no cost. This salvaged portion of the building will be utilized by the utility operation after a short interim by the fire station, if necessary. Remodeling of the salvaged portion of the building is part of the Water Plant Expansion contract. Financial Consideration: Revenue from the sale of each of these buildings is planned to be applied against the cost'for the replacement of each. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. SALE OF LAND TO MnDOT FOR TH 212 (FIRE STATION NO. 1 AND PARKS/PUBLIC WORKS MAINTENANCE BUILDING) WHEREAS, the Minnesota Department of Transportation proposes to construct Trunk Highway 212 (TH 212) through Eden Prairie; WHEREAS, certain city land and facilities lie within the corridor for TH 212 and are proposed for acquisition by MnDOT; WHEREAS, the City of Eden Prairie and MnDOT have concluded negotiations for property generally known as Fire Station No. 1 ($1,256,000) and the Parks/Public Works Maintenance Building ($3,132,421); and WHEREAS, the City of Eden Prairie desires that TH 212 be constructed and finds that the purchase price is fair and equitable. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Mayor and City Manager are authorized to execute an "Offer to Sell and Memorandum of Conditions" and Quit Claim Deeds to convey to the State of Minnesota fee title and temporary construction easements for right-of- way known as Parcel 76C and Parcel 76D, C.S. 2762 (212=260) 902, County of Hennepin all as more particularly described in the "Offer to Sell and Memorandum of Conditions", Quit Claim Deeds and MnDOT Administrative Settlement Memorandum from Metro Division Right-of-Way Manager to Director of Office of Land Management dated February 14 and 24, 1997, respectively. ADOPTED by the Eden Prairie City Council on July 15, 1997. Jean L. Harris, Mayor ATTEST SEAL John D. Frane, City Clerk