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HomeMy WebLinkAboutCity Council - 10/07/1997CITY COUNCIL/STAFF WORKSHOP EMERGENCY OPERATING PLAN REVIEW TUESDAY, OCTOBER 7, 1997 6:30 PM, CITY CENTER Heritage Room IV COUNCILMEMBERS: Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Director of Public Safety Jim Clark, Emergency Preparedness Director Molly Koivumaki, and Recording Secretary ROLLCALL I. CALL MEETING TO ORDER II. STATE-MANDATED EMERGENCY OPERATING PLAN REVIEW III. POLICE STRATEGIC PLAN UPDATE IV. OTHER BUSINESS V. ADJOURNMENT CITY COUNCIL/STAFF WORKSHOP EMERGENCY OPERATING PLAN REVIEW TUESDAY, OCTOBER 7, 1997 6:30 PM, CITY CENTER Heritage Room IV COUNCILMEMBERS: Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Director of Public Safety Jim Clark, Emergency Preparedness Director Molly Koivumaki, and Recording Secretary ROLLCALL I. CALL MEETING TO ORDER II. STATE-MANDATED EMERGENCY OPERATING PLAN REVIEW III. POLICE STRATEGIC PLAN UPDATE IV. OTHER BUSINESS V. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 7,1997 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens City Manager Carl J. 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 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 16, 1997 I~ CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF AN ORDINANCE AMENDING CHAPTER 5 RELATING TO BUSINESS LICENSING, SECTIONS 5.30, 5.33, 5.34, 5.41, 5.42, AND 5.43 AND REPEALING SECTION 5.33, SUBD.3.A. City Council Agenda Tuesday, October 7,1997 Page Two C. SOUTHWEST CROSSING 10400 BUILDING by Liberty Property Development Corporation. 2nd Reading of the Ordinance for PUD District Review on 13.28 acres and Zoning District Change from Rural to Office on 13.28 acres, Adopt the Resolution for Site Plan Review on 13.28 acres and Approval of a Developer's Agreement for Southwest Crossing 10400 Building by Liberty Property Development Corporation. Location: Viking Drive. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) D. LAND ROVER by Lejeune Investment. 2nd Reading of the Ordinance for Zoning District Change from Rural to Commercial Regional Service on 3.51 acres, Adopt the Resolution for Preliminary Plat on 3.51 acres into one lot, Adopt the Resolution for Site Plan Review on 3.51 acres and Approval of a Developer's Agreement for Land Rover by Lejeune Investment. Location: South of Valley View Road. (Ordinance for Zoning District Change, Resolution for Preliminary Plat and Resolution for Site Plan Review) E. THE PINES -JULY 1997 by Lunski Construction and Design. 2nd Reading of the Ordinance for PUD District Review on 5.81 acres and Zoning District Change from Rural to RI-13.5 on 5.81 acres and Approval of a Developer's Agreement for The Pines -July 1997 by Lunski Construction and Design. Location: County Road 18 Frontage Road and Bluff Road. (Ordinance for PUD District Review and Zoning District Change) F. APPROVE LETTER OF SUPPORT FOR "BUILDING ASSETS TOGETHER" G. APPROVAL OF CHANGE ORDER NO.2 -MIGHTY DUCKS PROJECT H. APPROVAL OF IRRIGATION BIDS FOR FLYING CLOUD BALLFIELDS I. RESCHEDULE CITY COUNCIL MEETING FOR NOVEMBER 4. 1997 FROM 7:30 PM TO 8:00 PM City Council Agenda Tuesday, October 7, 1997 Page Three J. APPROVAL OF MITIGATION PLAN FOR TREE CUTTING AT 17562 BELFAST COVE -HERTIG RESIDENCE K. AWARD CONTRACT FOR BIRCH ISLAND WATERMAIN IMPROVEMENTS, I.C. 97-5440 (Resolution) L. RESOLUTION APPROVING OF FINAL PLAT FOR GOLDEN STRIP EAST 2ND ADDITION M. RESOLUTION APPROVING FINAL PLAT FOR THE BIG WOODS 2ND ADDITION (Resolution) N. APPROVAL OF FINAL LAYOUT PLAN OR TH212/PRAIRIE CENTER DRIVE INTERCHANGE, I.C. 93-5301 (Resolution) O. APPROVAL OF QUIT CLAIM DEEDS TO HENNEPIN COUNTY FOR EASEMENTS ASSOCIATED WITH THE CSAH 4 CONSTRUCTION PROJECT, I.C. 92-153 P. AUTHORIZE INFORMAL AGREEMENT WITH SUMMIT ENVIROSOLUTIONS, INC. FOR THE 1997 BOG MONITORING PROGRAM AT BEARPATH GOLF AND COUNTRY CLUB Q. APPROVAL OF DEN ROAD LIQUOR STORE CHANGE ORDER NO.6 R. APPROVAL OF DEN ROAD LIQUOR STORE CHANGE ORDER NO.7 S. ADOPTION OF VISION AND VALUE STATEMENT T. SET A CITY COUNCIL WORKSHOP ON VISION 2001 FOR TUESDAY, OCTOBER 28,1997,7:00 -9:00 PM AT THE CITY CENTER U. SET A COMMUNITY FORUM FOR SATURDAY, NOVEMBER 15, 1997, 9:00 AM TO 12:00 NOON AT THE CITY CENTER V. SET A JOINT CITY COUNCIL/PARKS, RECREATION & NATURAL RESOURCES COMMISSION WORKSHOP ON USER FEES FOR TUESDAY, NOVEMBER 18, 1997, 6:30 PM TO 7:15 PM AT THE CITY CENTER City Council Agenda Tuesday, October 7, 1997 Page Four W. SET A CITY/CHAMBER BREAKFAST FORUM FOR THURSDAY, NOVEMBER 20, 1997, 7:30 AM -9:00 AM AT OLYMPIC HILLS GOLF CLUB V. PUBLIC HEARINGS/MEETINGS A. BEST BUY CAMPUS CONCEPT PLAN -1997 by Best Buy. Request for Planned Unit Development Concept Amendment on 47.45 acres. Location: 7075 Flying Cloud Drive. (Resolution for PUD Concept Amendment) B. VILLAS AT PURGATORY CREEK by Hartford Capital. Request for Rezoning from Rural to R1-13.5 on 9.8 acres and Preliminary Plat of 9.8 acres into 15 lots. Location: Sunnybrook Road. (Ordinance for Rezoning and Resolution for Preliminary Plat) C. ORDINANCE AMENDING CHAPTER 4, SECTIONS 4.22, 4.33, AND 4.41, BEER, WINE AND LIQUOR LICENSING AND REGULATION VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION TO AUTHORIZE APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT (Resolution) B. 1 ST READING OF AN ORDINANCE AMENDING CHAPTER 5, SECTION 5.35, TOBACCO VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. SET DATE FOR APPEAL OF BOARD OF ADJUSTMENTS AND APPEALS DENIAL DECISION OF VARIANCE NO. 97-10 (MOORE LEASING INC.) B. PLAN APPROVAL FOR CSAH 4 CONSTRUCTION PLANS, I.C. 52-153 (Resolution) City Council Agenda Tuesday, October 7, 1997 Page Five IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION -Councilmember Nancy Tyra-Lukens X. APPOINTMENTS A. ARTS COMMISSION -Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 B. ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION - Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 C. HERITAGE PRESERVATIONS COMMISSION -Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 D. HUMAN RIGHTS & DIVERSITY COMMISSION -Appointment of two youth/student representatives for terms to expire the last . meeting in May 1998 E. PARKS. RECREATION & NATURAL RESOURCES COMMISSION -Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 F. PLANNING COMMISSION -Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Staff Recommendation for the 1998 4th of July Site Selection City Council Agenda Tuesday, October 7, 1997 Page Six D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 16,1997 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added items XLA.l. Calls from Staring Lake Residents, and XLA.2. Staff Position to Develop and Organize Special Events in Eden Prairie. Jullie added items IV.U. SET CITY COUNCIL WORKSHOP FOR TUESDAY, SEPTEMBER 30, 7:00 P.M. FOR VISION 2001 PROJECT, IV.V. SET CITY COUNCIL WORKSHOP FOR TUESDAY, OCTOBER 21 AT 6:30 P.M. FOR DISCUSSION OF CONSERVATION EASEMENTS AND COMMUNICATION PROCESS REGARDING DEVELOPMENT PROPOSALS, and VIlLA. PRESENTATION OF CITY'S CREDIT RATING UPGRADE. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the agenda as published and amended. Motion carried 5-0. II. OPEN PODIUM III. MINUTES A. JOINT CITY COUNCIL/SCHOOL BOARD MEETING HELD MONDAY, AUGUST 11,1997 I CITY COUNCIL AGENDA September 16, 1997 Page 2 MOTION: Case moved, seconded by Butcher-Younghans, to approve as published the minutes of the Joint City Council/School Board meeting held Monday, August 11, 1997. Motion carried 3-0-2, with Tyra-Lukens and Thorfinnson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 2, 1997 Case said page 3, paragraph 5, sentence 1 should be changed to: " ... released into the stream and not back into the wetlands." Tyra-Lukens said page 9, paragraph 4 under item XI.A. should be changed to "Tyra-Lukens noted that in the Hennepin County Community Health Annual Report there was an article and picture about the Environmental Health Division's work with the Eden Prairie Community Center pool." Butcher-Younghans said the first partial paragraph on page 13 should be changed to: " ... the City subsidizes other sports. Thorfinnson said also operation and maintenance costs. " MOTION: Thorfmnson moved, seconded by Tyra-Lukens, to approve as published and amended the minutes of the City Council meeting held Tuesday, September 2, 1997. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPTION OF RESOLUTION 97-167 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE C. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR THOMAS AND REBECCA DORR, I.C. 95-03 D. ADOPTION OF RESOLUTION 97-168 APPROVING "NO PARKING" FOR CSAH 4 FROM CSAH 1 TO TERREY PINE DRIVE, I.C. 52-153 E. APPROVAL OF REQUEST FOR ADVANCE ENCUMBERMENT OF MUNICIPAL STATE AID FUNDS F. ADOPTION OF RESOLUTION 97-169 AWARDING CONTRACT FOR TRAFFIC SIGNALS AT TH212 AND FOUNTAIN PLACE INTERSECTION, I.C. 96-5398 G. ADOPTION OF RESOLUTION 97-170 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MnDOT FOR TRAFFIC SIGNALS AT TH212 AND FOUNTAIN PLACE, I.C. 96-5398 H. ADOPTION OF RESOLUTION 97-171 APPROVING FINAL PLAT FOR MOUNT PLAT TWO CITY COUNCIL AGENDA September 16, 1997 Page 3 I. ADOPTION OF RESOLUTION 97-172 APPROVING FINAL PLAT FOR MOUNT PLAT THREE J. ADOPTION OF RESOLUTION 97-173 APPROVING FINAL PLAT FOR BEARPATH 6TH ADDITION K. 2ND READING OF ORDINANCES 38-97,39-97,40-97,41-97,42-97 AND 43-97 APPROVING HERITAGE SITE DESIGNATIONS FOR THE CUMMINS-ProPPS-GRILL HOMESTEAD, LOOKOUT PARK WAYSIDE, PURGATORY CREEK BRIDGE (CREEK KNOLL ROAD), RILEY -JACQUES FARM, FREDRICK-MILLER SPRING AND SMITH-DOUGLAS-MORE HOUSE L. APPROVAL OF LIQUOR STORE -CHANGE ORDER NO.4 M. APPROVAL OF LIQUOR STORE -CHANGE ORDER NO.5 N. MOUNTVIEW OFFICE BIDLDING aka LAKEVIEW OFFICE BIDLDING AT SOUTHWEST CROSSING by Valley View L.L.C. 2nd Reading of Ordinance 44-97 for PUD District Review on 1.57 acres and Rezoning from C-Reg to Office on 1.57 acres, Adopt Resolution 97-174 for Site Plan Review on 1.57 acres and Approval of a Developer's Agreement for Mountview Office Building by Valley View L.L.C. Location: Valley View Road and Prairie Center Drive (Ordinance 44-97 for PUD District Review and Rezoning and Resolution 97-174 for Site Plan Review) O. PRAIRIEVIEW OFFICE BIDLDING by Prairieview L.L.C. 2nd Reading of Ordinance 45-97 for PUD District Review on 10.88 acres and Rezoning from Rural to Office on 10.88 acres, Adopt Resolution 97-175 for Site Plan Review on 10.88 acres and Approval of a Developer's Agreement for Prairieview Office Building by Prairieview L.L.c. Location: 7800 Equitable Drive (Ordinance 45-97 for PUD District Review and Rezoning and Resolution 97-175 for Site Plan Review) P. CONTINUE PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM Adopt Resolution 97-176 electing to continue participation in the Local Housing Incentives Account Program (LHIA) under the Metropolitan Livable Communities Act. (Resolution 97-176) Q. SET CITY COUNCIL WORKSHOP FOR TUESDAY, OCTOBER 7,1997, 6:30 PM, TO DISCUSS EMERGENCY OPERATING PLAN R. APPROVE PERMIT FOR WATERMAIN CROSSING TWIN CITIES AND WESTERN RAILROAD COMPANY RIGHT-OF-WAY, I.C. 5440 3 CITY COUNCIL AGENDA September 16, 1997 Page 4 S. APPROVE CHANGE ORDER NO.2 FOR WATER TREATMENT PLANT EXPANSION, I.C. 94-5350 T. 1ST READING OF AN ORDINANCE AMENDING CHAPTER 5 RELATING TO BUSINESS LICENSING, SECTIONS 5.30, 5.33, 5.34, 5.41, 5.42, AND 5.43 AND REPEALING SECTION 5.33, SUBD. 3.A. U. SET CITY COUNCIL WORKSHOP FOR TUESDAY, SEPTEMBER 30, 7:00 P.M. FOR VISION 2001 PROJECT V. SET CITY COUNCIL WORKSHOP FOR TUESDAY, OCTOBER 21, 6:30 P.M., FOR DISCUSSION OF CONSERVATION EASEMENTS AND COMMUNICATION PROCESS REGARDING DEVELOPMENT PROPOSALS MOTION: Thorfinnson moved, seconded by Case, to approve items A-Von the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGSIMEETINGS A. PRAIRIE LAKES CORPORATE CENTER PHASE 2 by United Properties. Request for Planned Unit Development Concept Review on 13.07 acres, Planned Unit Development District Review on 13.07 acres, Zoning District Amendment in the Office Zoning District on 13.07 acres and Site Plan Review on 13.07 acres. Location: Prairie Lakes Drive. (Resolution 97-177 for PUD Concept Review) Jullie said the official notice of this Public Hearing was published on September 4, 1997 in the Eden Prairie News and mailed to 37 property owners within the affected area. Brian Carey, Vice President of Development for United Properties, and Greg Bennett, architect, reviewed the proposal. They requested an early grading and foundation permit if the project receives Council approval this evening. Enger said the site is currently guided and zoned office according to a plan approved in 1978. The approved plan is a 80 foot tall, 200,000 square foot office building. The existing building is 80 feet tall and 137,400 square feet. United Properties wants to build a second office building of 72,000 square feet. The building proposed is 51 feet tall. Enger said the Planning Commission voted 6-0 to approve this project at its August 25, 1997 meeting, subject to additional landscaping on the north side of the proposed building and along the south property line of the existing bUilding. He reviewed the waivers for building height and impervious surface. The Parks, Recreation & Natural Resources Commission did not review this item. CITY COUNCIL AGENDA September 16, 1997 Page 5 There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing. Motion carried 5-0. MOTION: Case moved, seconded by Tyra-Lukens, to approve 1st Reading of the Ordinance for PUD District Review on 13.07 acres and Zoning District Amendment in the Office Zoning District on 13.07 acres; to adopt Resolution 97-177 for PUD Concept Review on 13.07 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. MOTION: Case moved, seconded by Thorfinnson, to approve proponent's request for early grading and foundation construction, at proponent's own risk. Motion carried 5-0. B. GE CAPIT AL/GE CAPITAL FLEET SERVICES by Northco. Request for Planned Unit Development Concept Review on 60.29 acres, Planned Unit Development District Review on 60.29 acres, Zoning District Amendment in the Office Zoning District on 60.29 acres, Site Plan Review on 60.29 acres and Preliminary Plat on 42.31 acres. Location: West 78th Street. (Resolution 97-178 for PUD Concept Review and Resolution 97-179 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on September 4, 1997 in the Eden Prairie News and mailed to 12 property owners within the affected area. Dennis Zilla, representing Northco, reviewed the proposal. He said they would like to request an early grading and foundation permit if the project is approved tonight. Enger said the site is currently guided and zoned office according to a plan approved in 1978. That plan included future development of 360,000 square feet in 3 buildings and 3 multi-level parking decks. Building A, 150,000 square feet, is proposed to be constructed this fall. Building Band C are future buildings. Enger said the Planning Commission voted 6-0 to approve this project at its August 25, 1997 meeting, subject to the recommendations of the Staff Report of August 22, 1997, and additional landscaping along Anderson Lakes. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project on September 15, 1997, and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of August 22, 1997, and construction of a trail along the right-of-way on West 78th. CITY COUNCIL AGENDA September 16, 1997 Page 6 Case asked about the language in the 1978 plan concerning the shore land setback and the dedicated land. Lambert said in the original PUD the Gelco property dedicated 12 acres of land that was transferred from the City to Hennepin County. Case asked if that was only the land on the point, not the shoreland. Lambert said that was correct. Enger noted there was a nature conservancy established along Anderson Lakes, and custom setbacks were setup based on the lay of the land in 1973. Case asked if there was any understanding of what would go on between the Blacklock line and the shoreline. Enger said nothing would go on in that area. Case asked if it would be good to specify the use of carsonite markers for the easement. Lambert said the 12 acres are dedicated, and it is important to use the markers when there is a potential for encroachment. Since this is an office site, it may not be necessary to have the markers because there will be designated trails for use by the employees; however, he said markers might make others who are not aware of the restrictions more aware of it. Case thought we might want to request use of the markers in order to set a precedent. Zilla noted the Planning Commission recommended landscape islands which resulted in a reduction in the impervious surface to 35.2 % . He said it is their understanding that they had satisfied the park dedication requirement with the land they dedicated originally. Lambert said Staff reviewed the cash park fees information and determined they are not required to pay cash park fees on that part of the site within the original Preserve PUD; however, there is no indication they are relieved of cash park fees on the other portion of the site. Staff will continue to research this issue. Bruce Adams, representing Lifetouch, expressed concern about traffic issues and asked if any traffic studies had been done. Enger said there was a complete traffic study done when it was originally approved, and we have evaluated against that study. He said we do have traffic problems that are work-trip related, and we will need the cooperation of corporations in town to resolve those problems. Harris said the Council is examining various options for transportation and is very sensitive to the issues of traffic. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review on 60.29 acres and Zoning District Amendment in the Office Zoning District on 60.29 acres; to adopt Resolution 97-178 for PUD Concept Review on 60.29 acres; to adopt Resolution 97-179 for Preliminary Plat on 42.31 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. CITY COUNCIL AGENDA September 16, 1997 Page 7 MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve proponent's request for early grading and foundation construction, at the proponent's own risk. Motion carried 5-0. Harris said she assumed we will have worked out the issue of cash park fees prior to 2nd Reading. Lambert said that was true. c. THE PINES -JULY 1997 by Lunski Construction and Design. Request for PUD Concept Review on 5.81 acres, PUD District Review on 5.81 acres, Zoning District Change from Rural to RI-13.5 on 5.81 acres and Preliminary Plat on 5.81 acres into 14 single family lots and one outlot. Location: County Road 18 Frontage Road and Bluff Road. (Resolution 97-180 for PUD Concept Review and Resolution 97-181 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on September 4, 1997 in the Eden Prairie News and mailed to 69 property owners within the affected area. After several revisions to the proposal, a 14-10t, single-family plan was reviewed meeting the recommendations of the Planning Commission, including the current site plan, reducing tree loss to approximately 30 %, and maintaining large areas of natural buffering from Bluff Road and Highway 169. Perry Ryan, Ryan Engineering, reviewed the proposal.. He requested an early grading permit if the project is approved tonight, and also asked if they could be put on the Agenda for the next Council meeting for 2nd Reading. Enger said the Planning Commission voted 6-0 to approve this project at its August 25, 1997 meeting, subject to the recommendations of the Staff Report of August 22, 1997. He reviewed the waivers required for the project, noting they may help create a project that would be more environmentally sensitive to the site. He said the plans have been revised per the recommendations of the August 22nd Staff Report. Lambert said the Parks Commission reviewed the proposal at their September 15, 1997, meeting, and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of August 22, 1997, and subject to the condition that the conservation easements be marked with posts, that the conservation easement remain a minimum of 25 feet beyond the building pad, and that placing of structures, grading or cutting of established trees in the conservation easement be prohibited. There were no comments from the audience. Tyra-Lukens asked for an explanation of Variance B. Enger said most of the variances were brought about by one ordinance that single-family homes must be on a public street. A discussion followed regarding the lots included in Variance B. 1 CITY COUNCIL AGENDA September 16, 1997 Page 8 Case asked who will hold and maintain the conservation easement. Lambert said it will be the Homeowners Association. Case noted it is less confusing to keep the lines straight when setting up easements. Tyra-Lukens asked if, in cases where there is a private road and a Homeowners Association involved, it is formalized that a lien can be put on the property if dues are not paid for maintenance and plowing. Lambert said it is. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review on 5.81 acres and Zoning District Change from Rural to RI-13.5 on 5.81 acres; to adopt Resolution 97-180 for PUD Concept Review on 5.81 acres; to adopt Resolution 97-181 for Preliminary Plat on 5.81 acres into 14 single family lots and one outlot; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. MOTION: Butcher-Younghans moved, seconded by Case, to approve proponent's request for early grading, at proponent's own risk. Motion carried 5-0. Harris asked if there will be any difficulty with scheduling a 2nd Reading for the next meeting. Enger said we will do that if it is possible, but we need to look at the schedule first. D. WASHBURN McCREA VY FUNERAL CHAPEL by Washburn McReavy Funeral Chapel. Request for Planned Unit Development Concept Review on 7.51 acres, Planned Unit Development District Review on 7.51 acres, Zoning District Amendment in the Community Commercial Zoning District on 7.51 acres, Site Plan Review on 7.51 acres and Preliminary Plat of 7.51 acres. Location: East on Mitchell Road, east of Martin Drive. (Resolution 97-182 for PUD Concept Review and Resolution 97-183 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on September 4, 1997 in the Eden Prairie News and mailed to 90 property owners within the affected area. The site is currently guided and zoned Community Commercial and the site plan shows an 11,727 square foot building. The plan meets the base area and floor area requirements. The building meets the setback requirements of the Community Commercial Zoning District. The amount of parking required is 70 spaces and this plan meets those requirements. William McCreavy, proponent, reviewed the plan. Butcher-Younghans asked what will be on the second floor of the building. McCreavy said the entryway will be two stories high and there will be a casket area on the second floor. Butcher-Y ounghans then asked if the parking required is 70 spaces. McCreavy said they have 91 spaces. CITY COUNCIL AGENDA September 16, 1997 Page 9 Enger said the Planning Commission reviewed this project at its August 25, 1997 meeting and voted to approve the project on a 3-0-3 vote, subject to the recommendations of the Staff Report of August 22, 1997. The main issue discussed was whether the city could sustain, from an economic standpoint, another funeral chapel. He read extracts of a letter from City Attorney Pauly stating that it is not within the prerogative of the City to make a decision purely on economic considerations. He noted this was not reviewed by the Parks Commission. Paul Huber, 13694 Glory Lane, said they built Eden Prairie's first funeral home in 1994. The community is very young so the mortality rate is very low. Approval of this project would mean the City now has three funeral homes in a space of three years. He thought there will be problems getting across Highway 5, and property values in the area near the home may be adversely affected. Michael D. Schwarz, P.A., representing Mr. Huber, distributed a letter dated September 6, 1997, outlining legal arguments with respect to the Washburn McCreavy proposal. The letter also included the agenda of the Eden Prairie Planning Commission for Monday, August 25,1997, a copy of the Staff Report dated August 22, 1997, regarding the Washburn McCreavy Chapel, and a copy of the minutes of the Planning Commission meeting of August 25, 1997. He believed it is not economically possible for three funeral homes to co-exist in Eden Prairie. He said we are not compelled to approve a project that is not in the best interest of the City. He thought consideration had not been given to the effect on traffic on Highway 5. He cited several cases that supported his arguments and noted the Planning Commission was not given accurate information. Enger disagreed the Planning Commission had been given inaccurate information because commercial is one of the land uses in the Comprehensive Guide Plan and funeral homes are a commercial use. The zoning had to be amended for the Huber and Albinson cases because they were not in a commercial use zone. Case asked Pauly for clarification of the concept of whether premature development is a rational basis for denial. Pauly said he hasn't read that particular case and would need to look at it, but he would address the situation in general. He said there is no case cited that has reversed the holding of the U.S. Metro case. There is no requirement for revision of the Comprehensive Guide Plan to accommodate this rezoning. There is no inconsistency between the current zoning and use of the property for a funeral home. Butcher-Y ounghans asked Pauly to clarify the concept of community commercial. Pauly said the community commercial district is very broadly drawn. It does not specify that funeral homes are not permitted, and courts have CITY COUNCIL AGENDA September 16, 1997 Page 10 regularly stated where a code provision or ordinance is not clear as to uses permitted, it will generally be construed against a conservative construction of the provision. Harris said she would like to know what the numbers presented mean, as the City is a part of a much larger area. McCreavy said there were 156 deaths in Eden Prairie in 1995. Harris then asked what percentage of services are conducted away from the funeral home today, as she was concerned about processions going somewhere on Highway 5. McCreavy said he understood that Highway 5 will go under Mitchell Road. He noted many of their customers opt not to have a procession. Harris asked what the possibility of converting any of the three structures would be, given their location and structure. Enger said it would seem these would have potential reuse as office or small medical facilities. Case felt Eden Prairie does not need three funeral chapels at this time. He was concerned about limitations on the Council and whether we have any play in the area of economics. Pauly said in his opinion, cities do not have that discretion, based on the Metro 500 decision; however, historic preservation is something else. Tyra-Lukens noted there is little material regarding the proponent being short 22 caliper inches for landscaping, and asked whether the plan submitted includes the extra 22 inches. Mark Folk, project architect, said there will be two trees added to the plan. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review on 7.51 acres and Zoning District Amendment in the Community Commercial Zoning District on 7.51 acres; to adopt Resolution 97-182 for PUD Concept Review on 7.51 acres; to adopt Resolution 97-183 for Preliminary Plat on 7.51 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. Folk then requested an early grading and foundation construction permit. MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to approve proponent's request for early grading and foundation construction, at proponent's own risk. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." /0 CITY COUNCIL AGENDA September 16, 1997 Page 11 VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. PRESENTATION OF CITY'S CREDIT RATING UPGRADE. Jullie introduced Dave MacGillvray, from Springstad Financial Consultants. Mr. MacGillvray presented a plaque showing the increased credit rating to the City. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Calls from Starin~ Lake Residents Case said he has had calls from residents around Staring Lake about aircraft engine testing from 11 :00 to 12:00 p.m. He asked Staff to bring back information on whether they are doing testing at that time, and what we can do about it if they are. 2. Staff Position to Develop and Or~anize Special Events in Eden Prairie. Case said we have a half-time staff position that runs some of our special events and he was wondering if it isn't time to pursue a full-time position, perhaps without taking from the current budget. This would establish consistency. He asked Staff to return with some ideas about this. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. CITY AND SCHOOL FACILITY USE ADVISORY COMMITTEE RECOMMENDED CHANGES TO THE CITY FACILITY USE POLICIES FOR USE BY THE SCHOOL DISTRICT Laurie Helling, Manager of Recreation Services, presented the recommendations of the City and School Facility Use Advisory 1/ CITY COUNCIL AGENDA September 16, 1997 Page 12 Committee. She said the Committee has met for a year and are now presenting their recommendations to the City and the School Board. She reviewed the recommendations. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the City and School Facility Use Advisory Committee proposed changes to the City Facility Use Policies for use by the School District as per the Staff Agenda Report of September 9, 1997. Motion carried 5-0. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:25 p.m. I~ CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 10-7-97 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance -Gretchen Laven Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. PLUMBING Wayzata Plumbing & Heating Inc HEATING & VENTILATING Kel-Sy Corp./dba Radiant Concepts Expert Mechanical Inc Marsh Heating & Air Conditioning Inc C & M Plumbing Heating & Air Conditioning Sterling Design Inc October 7, 1997 1 LAWN FERTILIZER APPLICATORS The Davey Tree Expert Company RAFFLE Telephone Pioneers (Conducted at the Eden Prairie Police Dept on 1-30-98.) DEPARTMENT: Finance Background: CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM DESCRIPfION: Ordinance amending Chapter 5 Other Business Licensing First reading approved September 16, 1997. DATE: October 7, 1997 ITEMNQr IV. 0 Sections 5.30, 5.33, 5.34, 5.41, 5.42, and 5.43 are being amended to reflect current terminology used by insurance companies in reference to liability limits. The amount of coverage required has been increased from $300,000 to $500,000 combined single limit, which in most cases is less than what most contractors carry. Section 5.43, Subd. 3, has been amended to increase the bond requirement from $2000 to $5000 for heating and ventilating contractors. Section 5.33, Subd. 3. A. is being repealed since the Subparagraph A in Subdivision 1 to which this refers was repealed in 1992. Action/Direction: Recommend approval of second reading. October 7, 1997 Page 1 CITY OF EDEN PRAIRIE ORDINANCE NO. -- AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPfER 5, SECTION 5.30, SUBD. 3, SECTION 5.33, SUBD. 3. B, SECTION 5.34, SUBD. 3, SECTION 5.41, SUBD. 4, SECTION 5.42, SUBD. 3, SECTION 5.43, SUBD. 2 AND SUBD. 3, LISTING INSURANCE AND BOND REQUIREMENTS RESPECTIVELY; REPEALING SECTION 5.33, SUBD. 3.A., LISTING INSURANCE REQUIREMENTS; AND ADOPTING CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section L City Code Section 5.30, Subd. 3, is amended as follows: Subd. 3. Insurance Required. If the application is for amusements rides, proof of liability insurance with limits of bodily injury/property damage combined single limit of $500,000.00 shall be provided. Section 2. City Code Section 5.33, Subd. 3. B, is amended as follows: Subd.3. Insurance Required. B. To perform work defined in Subdivision 1, but limited to Subparagraph B thereunder: proof of liability insurance with limits of bodily injury/property damage combined single limit of $500,000.00 shall be provided. Section 3. City Code Section 5.34, Subd. 3, is amended as follows: Subd. 3. Insurance Required. Proof of liability insurance with limits of bodily injury/property damage combined single limit of $500,000.00 shall be provided. Section 4. City Code Section 5.41, Subd. 4, is amended as follows: Subd. 4. Liability Insurance. Proof of liability insurance with limits of bodily injury/property damage combined single limit of $500,000.00 shall be provided. Section 5. City Code Section 5.42, Subd. 3, is amended as follows: Subd. 3. Insurance Required. Proof of liability insurance with limits of bodily injury/property damage combined single limit of $500,000.00 shall be provided. Section 6. City Code Section 5.43, Subd. 2, is amended as follows: Subd. 2. Insurance Required. Proof of liability insurance with limits of bodily injury/property damage combined single limit of $500,000.00 shall be provided. Section 7. City Code Section 5.43, Subd. 3, is amended as follows: Subd.3. Bond Required. Every applicant for a heating and ventilation license shall fIle with his application a continuous bond in favor of the City and persons injured in the amount of $5,000.00, conditioned that the licensee, in all material and equipment by him furnished and in all work by him done and performed installing, altering, reconstructing or repairing any heating, ventilating, comfort cooling or refrigeration equipment, will strictly conform to the provisions of the City Code relating thereto. The bond shall apply to all work to be done under the license during the period from the date of issuance to the date of expiration of the license. The bond form shall be provided by the City to the applicant. Section 8. City Code Section 5.33, Subd. 3.A. is repealed. Section 9. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 10. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the __ day of , 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. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10-7-97 SECTION: CONSENT CALENDAR ITEM NO. 151. C . DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger SOUTHWEST CROSSING 10400 BUILDING Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Approve 2nd Reading of an Ordinance for PUD District Review on 13.28 acres and Zoning District Change from Rural to Office on 13.28 acres; • Adopt a Site Plan Review on 13.28 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. PUD District Review and Zoning Ordinance 2. Resolution for Site Plan Review 3. Developer's Agreement J SOUTHWEST CROSSING 10400 BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 46-97-PUD-28-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Office Zoning District 46-97-PUD-28-97 (hereinafter "PUD-28-97-0ffice"). Section 3. The land shall be subject to the terms and conditions ofthat certain Developer's Agreement dated as of October 7, 1997, entered into between Liberty Property Development Corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-28-97-0ffice, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-28-97-0ffice is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-28-97 -Office designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-28-97 -Office are justified by the design of the development described therein. D. PUD-28-97 -Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-28-97-0ffice and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of August, 1997, and finally read and adopted and ordered published in summary fonn as attached hereto at a regular meeting of the City Council of said City on the 7th day of October, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ________________ _ SOUTHWEST CROSSING 10400 BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 46-97-PUD-28-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summaty: This ordinance allows rezoning of land located at Viking Drive from Rural to Office on 13.28 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the _____ _ (A full copy of the text ofthis Ordinance is available from City Clerk.) L{ Southwest Crossinll 10400 Buildinll Exhibit A Legal Description: Outlots Band C, Golden Trip East, According to the Recorded Plat Thereof, Hennepin County, Minnesota. s SOUTHWEST CROSSING 10400 BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY", MINNESOTA RESOLUTIOl\1 NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SOUTHWEST CROSSING 10400 BUIILDING BY LIBERTY PROPERTY DEVKILOPMENT CORPORATION WHEREAS, Liberty Property Development Corporation has applied for Site Plan approval of Southwest Crossing 10400 Building on 13.28 acres for con';truction of a 178,000 square foot building located at Viking Drive to be zoned from Rural to Office on 13.28 acres by an Ordinance adopted by the City Council on August 19, 1997; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 28, 1997 Planning Commission meetings and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its August 19, 1997 meeting; NOW, THEREFORE, BE IT HEREBY RESOLV"ED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Liberty Property Development Corporation, the construction of a 178,000 square foot building, based on plans dated August 12, 1997 between Liberty Property Development Corporation, and the City of Eden Prairie. ADOPTED by the City Council on October 7,1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER'S AGREEMENT SOUTHWEST CROSSING 10400 THIS AGREEMENT, made and entered into as of October 7, 1997, by Liberty Property Development Corporation, a Pennsylvania Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for PUD Concept Review on 25.38 acres, PUD District Review on 13.28 acres, Zoning Distrl.ct Change from Rural to Office on 13.28 acres, Site Plan Review on 13.28 acres and Preliminary Plat of25.38 acres into one lot and one outlot situated in Hennepin County, State ofMi~nt:sota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. 4("''17 for Planned Unit Development District Review and Zoning District Change, Resolution No. 97 -J S3· for Preliminary Plat, Resolution No. Site Plan Review, and Resolution No. q7 ·/5;2 J PUD Concept Review. Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated A~t.S.z f /,;) .. /997 ' reviewed and approved by the City Council on August 19, 1997, an 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 th,e City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and . obtain the City Engineer's written approval of plans for public sanitary sewer, water, and storm sewer. Plans for public infrastructure shall be of a plan and profile presentation consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. Developer agrees to complete implementation of the approved utility plans prior to 7 building permit issuance. 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 stonn water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. The Developer shall certify to the City that the water quality pond conforms to the final grading plan prior to acceptance of public utilities. 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, turf restoration procedures, and a staging plan. 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 in accordance with the staging plan and supplemental directives of the City under the Erosion control policy. Developer shall remove any sediment that accumulates in the existing sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 5. 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. 6. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to issuance of the first building permit for the Property, Developer shall submit a Conservation Easement over Outlot A for review and written approval by the Director of Parks, Recreation and Natural Resources, for the area delineated on Exhibit B. Prior to the release of the fIrst building pennit for the Property, Developer shall submit evidence to the Director of Parks, Recreation and Natural Resources, that the approved Conservation Easement has been filed in the Hennepin County Recorder'slRegistrar of Titles' Office. 7. LANDSCAPE PLAN: Prior to building pennit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a fInal landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy pennit for the Property, Developer agrees to complete implementation of the approved landscape plan in accordance with the tenns and conditions of Exhibit C. 8. 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 pennit for the Property. If, after completion of construction of the mechanical equipment screening, it is detennined by the City Planner, in hislher 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. 9. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the Office Zoning district through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD -2. 8 -,1 A. Building setback from 200 to 75 feet. B. Building height from 30 to 67 feet. 10. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to issuance of any building pennit for the Property, the Developer shall enter into a cross access and maintenance agreement with the adjoining properties. This Agreement shall address joint q vehicle access, driveways and stonn sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the issuance of any building pennit for the Property, Developer shall submit to the City Engineer proof that the cross access and maintenance agreement has been recorded in the Hennepin County Recorder's OfficelRegistrar of Titles' Office. 11. RETAINING WALLS: Prior to issuance by the City of any pennit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer agrees to complete implementation of the approved retaining wall plan in accordance with the tenns and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy pennit for the Property. 12. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any pennit for grading or construction on the Property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as detennined by the Parks, Recreation and Natural Resources Director. Trails shall be constructed in the following locations: A. An existing eight-foot wide bituminous trail to be relocated to accommodate the proposed parking ramp as shown on Exhibit B. The developer also will provide a 20 foot wide trail easement for the existing and relocated 8' bituminous trail. Developer agrees to complete implementation of the approved plans in accordance with the tenns of Exhibit C prior to issuance of any occupancy pennit for the Property. 13. SIGNS: Developer agrees that for each sign which requires a pennit 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 pennit. The application shall include a complete description of the sign and a sketch showing the size, location, manner of construction, and other such infonnation as necessary to infonn 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 Sa. 10 14. TREE LOSS -TREE REPLACEMENT: There are 4,173" diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 2,391 diameter inches. Tree replacement required is 264 caliper inches. Prior to the issuance of any grading pennit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 264 caliper inches. This approved plan shall include replacement trees of a 3 inch diameter minimum size for a shade tree and a 7 foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete implementation of the approved tree replacement plan prior to occupancy pennit issuance. 15. SITE LIGHTING: Prior to building pennit 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 pennit for the Property. 16. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, hold hannless, 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. Developer shall not be released from its responsibilities to release, hold hannless, defend and indemnify because of any inspection, review or approval by City. 17. OUTDOOR ADVERTISING SIGN: Prior to the issuance of a pennit for construction of a building, structure, or other improvement on the Property, Developer or its assigns shall cause the existing outdoor advertising sign to be removed and shall not relocate or reinstall such sign or any other outdoor advertising sign on the Property. II EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10-7-97 SECTION: CONSENT CALENDAR ITEM NO. -rv. O· DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger LAND ROVER Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Approve 2nd Reading of an Ordinance for Zoning District Change from Rural to Commercial Regional Service on 3.51 acres; • Adopt a Resolution for Preliminary Plat on 3.51 acres into one lot; • Adopt a Site Plan Review on 3.51 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Zoning Ordinance 2. Resolution for Preliminary Plat 3. Resolution for Site Plan Review 4. Developer's Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. LAND ROVER 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 ofthis Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Commercial Regional Service 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 Commercial Regional Service District, and the legal descriptions of land in each District referred to in City Code Section 1l.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 October 7, 1997, entered into between Lejeune Investment 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 19th day of August, 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 7th day of October, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _____________ _ CITY OF· EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. LAND ROVER 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: Summaty: This ordinance allows rezoning of land located South of Valley View Road from Rural to Commercial Regional Service on 3.51 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the _____ _ (A full copy of the text of this Ordinance is available from City Clerk.) LANDROVER Exhibit A Legal Description That part of the Northeast Quarter of the SouthwestQuarter, Section 11, Township 116, Range 22, lying South of the Southerly right-of-way of County Road Number 60 and Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document Numbers 3677302 and 3723053, Office of the Register of Deeds, Hennepin County, Minnesota, according to the Government Survey thereof. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF LAND ROVER FOR LEJEUNE INVESTMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: LAND ROVER That the preliminary plat of Land Rover for Lejeune Investment dated August 12, 1997, consisting of3.51 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions ofthe Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of October, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk LAND ROVER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LAND ROVER BY LEJEUNE INVESTMENT WHEREAS, Lejeune Investment has applied for Site Plan approval of Land Rover on3.51 acres for construction of a 17,895 square foot building located South of Valley View Road to be zoned from Rural to C- Regional Service on 3.51 acres by an Ordinance adopted by the City Council on August 19, 1997; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 28, 1997 Planning Commission meetings and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its August 19, 1997 meeting; NOW, THEREFORE, BE IT HEREBY RESOL VED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Lejeune Investment, the construction of a 17,895 square foot building, based on plans dated August 12, 1997 between Lejeune Investment, and the City of Eden Prairie. ADO PTED by the City Council on October 7, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER AGREEMENT LANDROVER THIS AGREEMENT, made and entered into as of October 7, 1997, by Land Rover, a Minnesota Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to Commercial Regional Service on 3.51 acres, Preliminary Plat of 3.51 acres into one lot, and Site Plan Review on 3.51 acres situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration ofthe City adopting Ordinance No. for Zoning District Change, Resolution No. Preliminary Plat, and Resolution No. __ _ Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated , reviewed and approved by the City Council on August 19, 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 streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public sanitary sewer, water, and storm sewer. Plans for public infrastructure shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. Developer agrees to complete implementation of the approved utility plans prior to building permit issuance. 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. The Developer shall certify to the City that the water quality pond conforms to the final grading plan prior to release of the grading bond. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. Developer shall obtain Watershed District approval of proposed wetland fill prior to issuance of City grading permit. 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 release of the grading bond. Developer shall remove any sediment that accumulates in the existing and or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 5. 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. 6. LANDSCAPE PLAN: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 7. 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, adj acent 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. 8. RET AINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer agrees to complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 9. 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 Sa. 10. TREE LOSS -TREE REPLACEMENT: There are 530 caliper inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 194 caliper inches. Tree replacement required is 84 caliper inches. Prior to the issuance of any grading pennit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 84 caliper inches. This approved plan shall include replacement trees of a 3 inch diameter minimum size for a shade tree and a 7 foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete implementation of the approved tree replacement plan prior to building permit issuance. 11. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 12. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, hold harmless, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including 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. Developer shall not be released from its responsibilities to release, hold harmless, defend and indemnify because of any inspection, review or approval by City. 13. FINAL ORDER NO. 97-13: Developer has obtained approval from the Board of Appeals and Adjustments for variances from City Code requirements within the Commercial Regional Service District for outdoor sales and display for the Property as depicted in Exhibit B, attached hereto. This approval has been granted through Final Order # 97-13, attached hereto as Exhibit E. Developer agrees to comply with all requirements of said Final Order No. 97-13. Prior to any building permit issuance for the Property, Developer agrees to provide proof to the City Planner that Final Order No. 97-13 of the Board of Adjustments and Appeals was filed against the Property at the Hennepin County Recorder's/Registrar of Titles' Office. 10 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10-7-97 SECTION: CONSENT CALENDAR ITEM NO. LV. f~ DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger THE PINES -JULY 1997 Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Approve 2nd Reading of an Ordinance for PUD District Review on 5.81 acres and Zoning District Change from Rural to R1-13.5 on 5.81 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. PUD District Review and Zoning Ordinance 2. Developer's Agreement THE PINES -JULY 1997 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 47-97-PUD-29-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subj ect 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 RI-13.5 Zoning District 47-97-PUD-29-97 (hereinafter "PUD-29-97-RI-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 7, 1997, entered into between Lunski Construction and Design, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-29- 97-RI-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-29-97-RI-13.5 is not in conflict with the goals ofthe Comprehensive Guide Plan of the City. B. PUD-29-97-RI-13.5 designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-29-97-RI-13.5 are justified by the design ofthe development described therein. D. PUD-29-97-RI-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-29-97-RI-13.5 and the legal descriptions ofland in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. 2 Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of September, 1997, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 7th day of October, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ________________ , The Pines -July 1997 Exhibit A Legal Description: That part of the SE 1/4 of the NE 1/4 of Section 36, Township 116, North, Range 22. West of the 5th Principal Meridian. lying East' of the West 600 feet and South of a line'running from a pain t on the' West line of ,said S£ .1/4 of the NE. 1/4 distant 332 feet North from the SW comer thereof to a point on the East line of said' 5£ 1/4 of the Nt 1/4 djstan t 443.4 feet North from the SEcomer' :, thereof,' ' .. hereby conveying all that portion Sf 1/4 of the NE 1/4 of said Section 36 lying East of the West 600 feet thereof and South of Town Rood. 4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. THE PINES -JULY 1997 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: Swrumuy: This ordinance allows rezoning of land located at Hennepin Town Road and Bluff Road from Rural to Rl-13.5 on 5.81 acres. Exhibit A, included with this Ordinance, gives the fun legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ______ _ (A full copy of the text ofthis Ordinance is available from City Clerk.) DEVELOPER'S AGREEMENT THE PINES -JULY 1997 THIS AGREEMENT is entered into as of October 7,1997, by Lunski Construction and Design, Inc., a Florida Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 5.81 acres, Planned Unit Development District Review on 5.81 acres, Zoning District Change from Rural to Rl-13.5 on 5.81 acres, and Preliminary Plat of 5.81 acres into 14 single family lots legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 97-180 for Planned Unit Development Concept Review, Ordinance No. 47-97-PUD-29-97 for Planned Unit Development District Review and Zoning District Change, and Resolution No. 97-181 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: l. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated September 9, 1997, reviewed and approved by the City Council on September 16, 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. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for street, public sanitary sewer, water, and storm sewer. Plans for public infrastructure shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. Developer agrees to complete implementation of the approved street and utility plans prior to acceptance of public utilities. 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 pennit 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, stonn water detention areas and stonn sewers. All design calculations for stonn water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall complete implementation of the approved plan prior to acceptance of public utilities. 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 confonn 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 acceptance of public utilities. 5. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any pennit 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$l,OOO 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. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer agrees to complete implementation of the approved retaining wall plan in accordance with the tenns and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the 1 wooded areas on the Property, delineated on Exlnbit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notifY the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 8. PRETREAlMENT PONDS: Prior to grading pennit issuance for the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design infonnation for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to acceptance of public utilities. Prior to acceptance of public utilities for the Property, Developer shall provide to the City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation, erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. 9. PRIVATE STREET, POND AND STORM SEWER: Prior to the release by the City of any final plat for the Property, Developer shall submit proof to the City Engineer that a reciprocal, joint access and maintenance agreement for the private street, storm sewer, and storm water quality pond has been filed against the Property with the Hennepin County Recorder'slRegistrar of Titles' Office in a form approved in writing by the City Engineer 10. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property, a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhIbits attached hereto, and shall further contain the following infonnation: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of all utility lines, including sewer, water, gas and electric lines. E. Location of all significant trees shown on the tree inventory. F. Location of snow fencing for tree protection. G. Location of construction dumpsters, materials, and construction equipment. H. Method of erosion control. I. No construction or grading within any conservancy easement area. 11. LIMITATIONS ON STRUCTURES FOR PROPOSED LOTS 7, 8, AND 9: Developer acknowledges that the proposed decks shown for the homes on lots 7, 8, and 9, as depicted in Exhibit B, are limited in size to meet the 20 foot rear yard setback requirement for structures in the RI-13.5 zoning district. Developer further acknowledges that no portion of the homes, including decks will be pennitted to encroach into the required 20 foot setback, and that no variances will be requested for that purpose. 12. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to issuance of the first building pennit for the Property, Developer shall submit a Conservation Easement for review and written approval by the Director of Parks, Recreation and Natural Resources, for the area delineated on Exhlbit B. Prior to the release of the first building pennit for the Property, Developer shall submit evidence to the Director of Parks, Recreation and Natural Resources, that the approved Conservation Easement has been filed in the Hennepin County Recorder'slRegistrar of Titles' Office. Developer agrees to pennanently demarcate the location of the boundary of the conservation easement area on each lot property line with permanent posts. 13. TREE LOSS -TREE REPLACEMENT: There are 1,670 caliper inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 521 caliper inches. Tree replacement required is 216 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval ofa tree replacement plan for 216 caliper inches. This approved plan shall include replacement trees of a 3 inch diameter minimum size for a shade tree and a 7 foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete implementation of the approved tree replacement plan prior to building permit issuance. 14. SPECIAL ASSESSMENT AGREEMENT: Prior to release of the final plat on the Property, Developer shall enter into a special assessment agreement in the amount of $25,738.80 for trunk sewer and water. q 15. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the Rl-13.5 District ~hrough the Planned Unit Development District Review for the Property, as depicted-in Exhibit B, and incorporates said waivers as part of PUD -Zq· Cf1 A. Use ofa private street. Code requires public streets in the Rl-13.5 zoning district. B. Lots without frontage on a public street for lots 5 thru 9. Code requires lots to front on a public street in the Rl-13.5 zoning district. C. Lot size less than 13,500 sq_ ft. for lots 6 and 9. These lots are 11,400 sq. ft. and 10,400 sq. ft. respectively. D. Lots with less than 85 feet of frontage (55 feet on a cul-de-sac) for lots 2 thru 6, and lots 9 and 10. E. Lots with less than 85 feet average width for lots 4,6,9, 12 and 13. F. Front yard setback of20 feet for lot 1, and 25 feet for lots 5, 6, 7, 12 thru 14. Code requires 30 feet. G. Side yard setbacks totaling less than 10 feet on one side and 25 feet for both sides for lots 2 thru 6,8 thru 14. 16. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, 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), dami.lges and injunctions relating to any acts, failures to act, errors, omissions of Developer or Devdoper's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 10 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: Administration Background ITEM DESCRIPTION: Commending "Building Assets Together in Eden Prairie" for their work in youth development DATE: October 7, 1997 ITEM NO. "Building Assets Together in Eden Prairie" works toward insuring that every young person in Eden Prairie can develop and build on the assets needed for successful living. Requested Action: Commending "Building Assets Together in Eden Prairie" for their exemplary efforts to enhance youth development through asset building. , City of Eden Prairie City Offices 8080 Mitchell Road • Eden Prairie, MN 55344-2230 Phone (612) 949-8300 • TOO (612) 949-8399 • Fax (612) 949-8390 October 7, 1997 Building Assets Together clo Lori Gerval 15081 Summerhill Drive Eden Prairie, MN 55346 Subject: Building Assets Together Dear Ms. Gerval: The Eden Prairie City Council wishes to both thank and applaud you for your timely and important initiative "Building Assets Together in Eden Prairie." We totally agree that our community must begin now to help insure that every young person can develop and build on the assets needed for successful living. This effort is important, not just for children and families, but for all who are part of the Eden Prairie community, and the overall health of the State of Minnesota. On behalf of the City of Eden Prairie, the Council herein strongly encourages your exemplary efforts to enhance youth development through asset building. Working together we can truly make a difference. Sincerely, Jean L. Harris Mayor of Eden Prairie JLH:jdp lReCYCled Paper EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10-07-97 SECTION: Consent Calendar ITEM NOJj).G DEPARTMENT: Parks, ITEM DESCRIPTION: Change Order No. 2 -Mighty Ducks Project Recreation and Natural Resources Elyce Kastigar The Community Center is in the process of completing renovations to the ice arenas through the Mighty Ducks grant. Attached is a letter from Del Erickson and a copy of Change Order No.2 for the Mighty Ducks project. The Change Order in the amount of $2,439.00 is required to meet requirements of City Building Inspections Department for issuing building permits. Staff requests approval of the Change Order No.2 for the Mighty Ducks project. Attachment: Letter from Del Erickson Change Order chngord2 • SEP-30-1997 10:39 EGAN, FIELD 8.' NOIAIAK September 30, 1997 Elyse Kastigar, Director Eden Prairie ColIUllUllity Center 16700 Valley View Road Eden Prairie, MinDesota 55344 ----------6125466837 P.01/03 7415 WAYZATA BOUl.EVARD MINNEAPOLIS. MN 55426 612-544-8370 Re: Eden Prairie Community Center Team Room and SUlrage Remodeling Commission No. 9704 Dear Ms_ Kastigar: Enclosed is a copy of Change Order No. 2 for the above project in the azocunt of $2,439.00. This work includes Painting (previously authorized) and Doors required to meet City Building Inspections Dept. requirements for issuing a Occupancy Certificate. We have signed the change order and sent it to the contractor for his signatul"e, and fOIWaId to you, three copies for; your signatuIe_ Backup for the change order is enclosed herewith. Sincerely, DELANO ERICKSON ARCHITECTS Del Erickson, AlA DE/dt Enclosure cc: Hunerberg Construction / I • SEP-3121-1997 1121:4121 EGAN, FIELD &' NOI.JAK 6125466837 P.12I3/1213 .~" 1: HUNERBERG CONSTRUCTION COMPANY New Constru~~ion-• Residential/Commercial Remodeling August 26, 1997 Delano Erickson Archit~ 7415 Wayzata Boulevard Minneapolis, MN 55426 Re: Eden Prairie Storage area .. Cost to do work as described by city inspector 1) Cost to furnish 2-1 hour rated doors (pair), reuse existing hardware, label flush bolts and coordinator for inactive leaf. Remove single door and drywall openiRg. : A) Material ,'S) Labor to hang doors . . : .,:) Remove and patch single door opening, mud inside of room and paint. "D}O&Px15% E) Bond Total SI,125.00 $ 200.00 $ 480.00 $ 270.00 $ 32.90 $2.108.00 ., Note' existing lock sets may not be approved fot' labeled doors ... 2) cOst to fUrnish 1-1 hour rated door at storage room to actCS5 under bleachers. :A) Material ~) Labor .: ,C)O&P x 15% :D)Bond Total $352.00 $ 80.00 $ 65.00 S 14.00 $511.00 .. Note-eXisting lock: sets may not be approved for labeled doors ... 3) Option A: Furnish 3-1 hour rated doors at storage room. One pair and one single. Reuse existing bard ware, label flush bolts and coordinator for inactive leaf of pair: A) Material B) Labor C)O&Px 15% D)Bond $1,307.00 $ 240.00 $ 232.00 $ 28,00 Total $1,807.00 • Note existing lock sets may not be approved fOT labeled doors. * 13705 26th Avenue North. SUite 100 • Plymouth, MN 55441 • (612) 553-0062 • Fax 553-0089 I I TOTAL P.12I3 • SEP-30-1997 10:40 CHANGE ORDER /\{;\ UOCUMINI C701 EGAN, FIELD &'NOWAK 6125466837 P.02/03 1J1S\(lilUI'0I1 lco. OWNI:I~ LI I\R(HIT!:(T n CONTRACTOR 0 liEU) r.1 OTII[R 0 PI{O)I:Cl: EPee Team Room & Storage RcmodelingCHANCl:. ORDFR NUMBER: 'lWO (2) (n"me. addres~) 16700 Valley View Road Eden Prarie, MN 55344 10 (Contractor); r--Hunerberg Construction Co. 13705 -26th Ave. N. Suite I 100 INITIATION DAH':september 29, 1997 AKCHITf:.crs PROJECT NO: 9704 CONTRACT FOR: Plymouth, MN 55441 General Construction L ~ CONTRACT DATE: April 18, 1997 You are directed to make the following changes in this Contract: Install three (3) 1 hour rated doors at storage room in lieu of existing pair. and single, reusing hardware as appropriate and furnish new as required for label rating. Paint interior of Storage Room complete with 2 coats. Not valid until signed by both the Owner and Arc"itecl. $ 1,807.00 632.00 $ 2,439.00 Signature o( th~ Contractor indicates his aSrl~emenl herewith. including any adJuslment in the Contract Sum Or Conlr.u;t Time. The original (Contract Sum) (t44pNfl4Jfr/I#{r#rI(;,f,{tjW<lS ........................... $ 41 f 51O.00 N<!{ change by previously authorized Change Orders ................................... $ 2,222.00 The (Contract Sum) ((NaI:/~t/r/ctt/IJlilrUII /:,hIli prior to this Change Order was ..... , .... S 43,732.00 The (eOnlr.let Slim) (cj..JJ-Ir/,UJ /lWt.UJr/./ddsi>/will be (increasp.d) (clel:./flaJrld') (urld.J.I.I.J:i hy this Chan!;c Ordcr ....... _ ................ , ., .•.•. , ....•...... _ •.... _ ... _ .. $ 2,439.00 the new (CUll Ir<lt' I Sum) (qll4;fi#f;:YIfofiNr~rJrI f:,I>N including this Ch,lIlgc Order will be ... $ 46,171.00 The (01*;1<1 I illw will bt, (iu(Tcm'dl (d#¢fl#'1 Nrf(NI/ltrf(~ by ( 14 ) Days. t h(~ ()"Ih~ o( Sllb~I;lnli.ll C(lrnpi..:hf)ll il~ nf Ih(~ dilk or Ihi~ Ch"ngf: Orrler Ihe'c(ore j~ October 13. 1997 AII\ IlP( P:\UN/ f,,'11I • I 11,~·.f.1 11t'1111_' ;'11 \',1,11"· I" I 'I I., './'j '·"1,: , Hunerberg CQOstruclion Co. \.J71l~'.(-:I( 2~ t..h .~v~.!-N~. .. \ !I Ii " ..... Pl ymouth, MN 55441 Alilhoril.ed: s.1~J;y o.~ Eden . Prairie _ .. __ ~~7t)5 .va!.t~_View_ .. R4t ... /\ddl"" ., Eden Pralrle, MN 55344 II\, I ,,'\" . -------" ...... _----- : "/.' I! 1'1. i! I I 1111( It·: \I \ .. • ,I ,~ I' '1" j ,. I ' " \, '\ " ':" ' .' I ,., (,;UI I'J711 CITY COUNCIL AGENDA Date: Oct. 7, 1997 Section: Consent Calendar Department: PRNR ~ Subject: Approval ofIrrigation Bids for Flying Item No.: Stuart A. Fox, Manager of Cloud Ballfields rv,u, Parks & Natural Resources RECOMMENDATION: Staff would recommend the City Council approve the bid to put irrigation into Flying Cloud ballfields as submitted by Metro Lawn Sprinklers at a cost of $43,235. BACKGROUND: Earlier this year, the staff received information from the Soccer Association and Baseball Association regarding improvements to Flying Cloud ballfields. The Associations proposed donating money to the City to help pay for the cost of irrigation improvements, as well as fencing and warning tracks on field one. The improvement plan that was submitted by the Associations is detailed in a February 19, 1997 memo, which is attached. The cost was to be shared between the Soccer and Baseball Associations and City. The Soccer and Baseball Association would pay $28,400 and the City would pay $11,000 of the estimated $39,400 cost for irrigation. This was approved by the Parks, Recreation and Natural Resources Commission and City Council. BID SUMMARY: The staff prepared bids for irrigation of Flying Cloud Fields and the bids were opened September 30, 1997. The results of that bid process are as follows: • Aqua Engineering • Greentech, Inc. $48,741 $46,700 IRRIGATION SPECIFICATION COMMENTS: Metro Lawn Sprinklers Aqua City Irrigation, Inc. $43,235 $61,400 When the staff first proposed irrigating Flying Cloud Fields, the plans were for a simple saddle. pipe irrigation system. In reviewing the project further this summer, the staff made changes to the specifications to minimize problems that could occur with operation and maintenance procedures such as aeration and mowing. The original specifications did not use swing joints, which allow the irrigation heads to be compressed by tires of maintenance equipment and not be damaged. In addition, the decision was made to upgrade the proposed sprinkler heads. We use these heads in our other facilities and they have lowered maintenance repairs and costs. By making these changes, the low bid came in $3,835 over the estimated project cost. The staff would recommend that this additional cost of $3,835 be paid out of the cash park fees in order to proceed with this project. SAF:mdd Attachments: Memo -Proposed Donations by Soccer Association and Baseball Association for Improvements to Flying Cloud Ballfields irbidsiStuart97 Parks, Recreation and Natural Resources Commission Minutes -March 3, 1997 City Council Minutes -March 4, 1997 1 MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources ~ DATE: February 19, 1997 SUBJECT: Proposed Donations by Soccer Association and Baseball Association for Improvements to Flying Cloud Ballfields The City has received proposed donations from the Soccer Association and the Baseball Association for improvements to Flying Cloud ballfields. The Soccer Association has also made a request for the City to consider expansion of the property leased from the Metropolitan Airports Commission for the purpose of doubling the number of soccer fields at that site. Proposed Donations and Projects Project Soccer Association Irrigation -Flying Cloud $17,400 Soccer Assn -0- $17,400 Baseball Association Irrigation -Flying Cloud $22,000 Baseball Assn $11,000 $11,000 Fences, Warming Track, Sod $18,000 $9,000 $9,000 TOTAL $57Noo $37,400 $20,000 City contribution comes from cash park fees. SOCCER ASSOCIATION REQUEST: On January 13, 1997, the City received a letter from the Eden Prairie Soccer Association offering to donate funds to pay for an irrigation system and assist with costs associated with turf repair for the following areas at Flying Cloud Fields: 1. The east side of the complex. 2. The west side to the south end of the fields. 3. Aeration and over seeding the east side of the complex after an irrigation system is installed. 2 The Soccer Association also requests the City consider acquisition or leasing of additional space at the Flying Cloud Complex. "Our estimates 'are that we should rest about 25% of the fields each season. Hence, an optimum facility would be to have room for approximately 30 small fields and 20 large ones. This would about double our current field area." The estimated cost to complete the irrigation of the soccer fields at Flying Cloud as proposed is $17,400. The estimated cost to aerate and over seed the turf area is an additional $1,500. If the City Council wishes to consider an expansion of Flying Cloud Fields, it is unlikely that th~ Metropolitan Airports Commission would allow any further expansion to the south due to the proximity to the runway. The Metropolitan Airports Commission may consider expansion to the west toward Spring Road; however, development of an additional 20-30 acres to double the number of soccer fields would very likely require a referendum or a complete reprioritization of the capital improvement program for the development of the park system. RECOMMENDATION: Prior to spending funds for the development a park plan, grading plan and cost estimates, staff would recommend asking the Metropolitan Airports Commission if they would consider any expansion beyond what is proposed by the traffic study for parking and road systems. If the Metropolitan Airports Commission would consider leasing land to the west for additional ballfields, staff would recommend additional research on all athletic facility needs prior to making a recommendation on additional soccer field expansion. Staff requests authorization to obtain bids for the installation of the irrigation system to be installed as early as possible this year, and to request the Metropolitan Airports Commission if they would consider expansion of the lease for Flying Cloud ballfields westerly to Spring Road. BASEBALL ASSOCIATION REQUEST: On February 19, 1997, the City received a letter from the Eden Prairie Baseball Association proposing to donate $20,000 toward two improvement projects at Flying Cloud ballfields. Those projects include the following: 1. Irrigation of Flying Cloud ballfields numbers 1 through 8. (The Baseball Association is proposing to contribute $11,000 toward this project that has a total estimated cost of $22,000.) 2. Installation of new fences, new warning track and sod for the infield on the Flying Cloud field number one. (The Baseball Association is proposing to donate $3,000 per year in 1997, 1998 and 1999 toward this project. The estimated cost of this project is $18,000.) RECOl\1l\1ENDATION: City staffs recommend approval of the request to irrigate these ballfields in 1997. This project . should be included with the irrigation project proposed by the Soccer Association. Irrigating the fields number 2 through 8 will eliminate the ability for cars to park in outfields, as this will now be irrigated turf. This will greatly improve the turf conditions for the fall football programs; however, the City will have to install fencing that will eliminate cars from parking on the turf in this area. Staff further recommends approval of installing sod in the infields and installation of fences on Flying Cloud Field number one. The donations proposed by these Athletic Associations will allow the City to irrigate this entire complex, which is critical to continue the heavy use of this area for baseball, softball, soccer and football. BL:mdd Donate/Bob97 Approved Minutes Parks, Recreation and Natural Resources Monday, March 3, 1997 residents. He explained why the key issue here is how the residency percentage will be calculated with the DAT team. He doesn't believe the Foxjets can afford to buy all of the swim time available that the City does not use for open swim. There are going to be available times that the DAT could use. The only recommendation they are changing is that the swim team be dropped from 95 percent to 75 percent to be a Priority III team. Discussion continued about whether the Commission will recognize the DAT group as an entire group or as an entity in and of itself. Staff gave the hours and days of pool time used regularly by the Foxjets. MOTION: Wilson moved, seconded by Jacobson, to ask the two organizations to work with City staff to share pool time at the Oak Point and Eden Prairie pools, and recognize the DAT program as a part of a greater DAT program because that's the way they are recognized by their governing bodies, that each group will fall into the priority based upon their current population as established by the City guidelines. (There would not be a residency variance granted to swim teams.) Motion carried 7-0. B. Proposed Donation frOID Eden Prairie Soccer and Eden Prairie Baseball for Improvements to Flying Cloud Fields Staff referred the Commission to a memo dated February 19, 1997, from Bob Lambert, Director of Parks, Recreation and Natural Resources; a letter dated January 13, 1997, from Ken Bomben, Eden Prairie Soccer Association; and a letter dated February 19, 1997, from Drew Bartley, Eden Prairie Baseball Association. Lambert explained the Soccer Association recently sent staff a proposal to donate 100 percent of the costs to irrigate the remaining soccer fields at Flying Cloud Fields. Some of the fields are irrigated alr~ady and they want to do the remaining ones. The estimated cost for the proj ect is $17,400. Staff also received a letter from the Baseball Association indicating they would donate 50 percent or match funds for irrigation of the baseball and softball fields, and put some warning track and fencing on the baseball fields at Flying Cloud. The total cost for the two projects proposed by the two organizations is $57,400 on which the City's cost will be $20,000. He explained why the two organizations made these recommendations to the City. Staff believes they are very fortunate to have associations make these generous donations and recommended the City use $20,000 in cash park fees to provide their match for these projects. These projects would be done this summer. 6 Approved Minutes Parks, Recreation and Natural Resources Monday, March 3,1997 v. Bruce was concerned about the parking once the fencing is put up. Lambert said the fencing would eliminate the parking and explained the plan for the fencing. Fox commented they are only talking about fencing one field out there, field # 1. There are some real safety concerns out there and that's the other reason for fencing that field. Lambert commented that for many years they said they would like to irrigate Flying Cloud but he never recommended irrigating it until MAC made a decision on what their final plan was for the expansion of their entire plan. He never recommended putting extensive improvements into Flying Cloud Fields until they know what MAC's plans are. Wilson asked if the irrigation will reduce the stress on the fields. Lambert replied it will improve the quality of the turf because you will have green soft turf which should result in fewer injuries. The City will have a higher maintenance costs on the fields once this is done. Ken Bomben, 9260 Talus Circle. Eden Prairie Soccer Association. commented there was a tremendous amount of damage to the east side of the complex last year as a result of the dry summer and dry fall. He explained the proposal and the need to alleviate this problem. Wilson thanked the Soccer Association on behalf of the Commission for their generous donation. Jacobson commented prior to spending funds for development of a park plan and grading plan. a cost estimate should be done and ask MAC if they would consider any expansion beyond what is proposed. Lambert noted that will be discussed later on under the traffic study. MOTION: Brown moved. seconded by Jacobson,. to accept staffs recommendation to accept the donation to fix the fields, for irrigation, and to put up fencing from the Soccer Association and the Baseball Association. Motion carried 7-0. DEVELOPMENT PROPOSALS A. Review of Parks/Public Works Maintenance Facilitr Staff referred the Commission to a memo dated February 25, 1997. from Stuart A.· Fox, Manager of Parks and Natural Resources; a memo dated February 18, 1997, from Chris Enger and Scott Kipp, Community 7 CITY COUNCIL MINUTES March 4, 1997 Page 7 Case said he had discussed this with Councilmember Butcher-Y ounghans and they believe this provides future opportunities down the line that we need to begin thinking about now. He would like staff to start looking at next year and the years to come for options to using Round Lake only as we have in the past. We need to look at some possibilities that would accommodate up to 20,000 people in the future. Butcher-Y ounghans had received several calls from residents wanting to have the fireworks. She thought we need to look at this as a transition year and as an opportunity to look at other possibilities. Tyra-Lukens asked whether we could reserve July 6 as a backup date in case of bad weather on July 4. Tria Mann said they have asked for either date, but they could explore the possibility of reserving both dates. Case said that while cost is not everything, it is problematic. He asked staff to explore moving some of the day-time activities that were held at Round Lake in the past to other parks in the City, and to provide activities that will be low or no cost. Lambert thought they could explore the opportunity to try out different things. Butcher-Y ounghans thought it is essential to get the word out to people if we are able to have the fireworks. She suggested using the newspaper and to having flyers sent out with school children. Case said that while campaigning at the 1994 Fourth of July event he noticed about one out of five participants was not from Eden Prairie. The consensus was to proceed with Option 2 in the staff memorandum to have fireworks at the Eden Prairie Center on July 4, 1997, provided the permission of Eden Prairie Center is obtained. 2. Proposed DogatioQS from Edeg Prairie Soccer Association and Eden Prairie Baseball Association for Improyements to Flying Cloud Fields Lambert said we have received donation proposals from the Eden Prairie Soccer and Baseball Associations for improvements to the Flying Cloud ballfields, as outlined in the staff report of March 4, 1997. The Soccer Association also made a request for the City to consider expansion of the property leased from Metropolitan Airports Commission (MAC) for the purpose of doubling the number of soccer fields at that site. The total dollar amount of donations proposed towards the irrigation, fencing, warning track and sod equals $37,400. The total project cost will be $57,400, leaving a balance of $20,000 to be covered by cash park fees. CITY COUNCIL MINUTES March 4, 1997 Page 8 Lambert said the Parks, Recreation & Natural Resources Commission reviewed the proposal last evening and recommended approval of the $20,000 expenditure for the improvements from Cash Park fees. Tyra-Lukens asked where these improvements stand on the Capital Improvement Plan (CIP). Lambert said we have talked about doing these things but they are not presently part of the CIP. He said MAC had several expansion plans, one of which included taking all of the fields away from us. The plan that was approved by MAC has no intention of putting hangars in that area, so staff now feels comfortable in making recommendations for the improvements. He noted staff will be coming to the Council in two weeks with the results of the traffic study for road and parking improvements in that area. MOTION: Case moved, seconded by Butcher-Younghans, to accept the proposed donations from the Soccer Association and the Baseball Association as per the Staff agenda report of March 4, 1997, and to authorize Staff to obtain bids for the proposed improvements; and to authorize Staff to request the Metropolitan Airport Commission to consider expansion of the lease for Flying Cloud ball fields westerly to Spring Road. Motion carried unanimously. Tyra-Lukens suggested we extend a note of thanks to the Soccer and Baseball Associations for their donations. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVEWPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY xu. OTHER BUSINESS A. CITY MANAGER EVALUATION (closed session) MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to move to a closed session for the purpose of completing the evaluation process. Motion carried unanimously. Councilmember Thorfinnson arrived at 8:40 p.m. xm. ADJOURNMENT The Council met in closed session from 8:15 to 8:45 p.m., after which the meeting was adjourned. CITY COUNCIL AGENDA Date: Oct. 7, 1997 Section: Consent Calendar Department: PRNR ~ Subject: Mitigation Plan for Tree Cutting at 17562 Item No.: Stuart A. Fox, Manager of Belfast Cove -Hertig Residence -:fUJ. Parks & Natural Resources RECOMMENDATION: The staff took the issue ofthe tree cutting and shoreline ordinance violation to the Parks, Recreation and Natural Resources Commission with the recommendation that Mr. Hertig restore the backyard in a manner including the following: • Plant 108 diameter inches of trees for mitigation of trees cut along the shore impact zone. • The backyard be regraded in accordance with the original grading plan submitted by the developer. Mr. Hertig appeared before the Parks, Recreation and Natural Resources Commission at the September 15, 1997 Commission meeting, and the Commission approved the proposed mitigation plan on a 6-0 vote. Staff would recommend that the City Council approve this plan, so that mitigation work can start this fall. Mr. Hertig has been working in cooperation with the staff to rectify the damage that was done with tree cutting and earth removal at the rear of his residence. Staff is recommending that the proposed landscaping materials and regrading plan will soften the impact that has occurred along Mitchell Lake. BACKGROUND: The staff received several calls from homeowners living along Mitchell Lake regarding tree cutting that occurred over the weekend of June 28 and 29th. Many of these calls did not identifY the exact location, but simply said that there was a white house on the south shore of Mitchell Lake which became visible over the weekend due to tree cutting. Staff visited the site on June 30 and found that a number of trees had been cut along the shoreline, including one large oak tree. The staff also noted that there was a tree truck from Shadywood Tree Experts parked on the adjacent lot and several large limbs and branches still remained on the property. The staff returned to the office and called Shadywood Tree Experts. Brian Curtis, owner of Shadywood, said that the truck that was on that property had been subcontracted to another tree firm. The subcontractor was called to discuss the tree cutting. He stated he was working for Orin Thompson Homes. A phone call was placed to Orin Thompson Homes because the subcontractor had mentioned that he was working for Orin Thompson Homes. Staff talked to Lee Johnson of Orin Thompson Homes I regarding the tree cutting. He stated that he was not aware of any tree cutting and he would check it out. However, a phone call was not returned the remainder of that week. Staff also inquired within City Hall as to any applications for grading or tree cutting that the either the Engineering Department or the Community Development Department may have been aware of Neither department was aware of the tree cutting and earth work that was occurring at the site. Staff returned to the site on July 3 and took photographs and measurements regarding the tree cutting and entered a memo into the file regarding this observation. A summary of the trees that were cut is as follows: • three oak trees removed -5", 9" and a 26" • eleven basswood trees removed -five 5" trees, three 4" trees, and four 3" trees • three cedar trees removed -two 5" trees and an 8" tree The total number of trees removed was in excess of 108". Several others smaller trees and brush had been cut, however, a complete inventory was not made. In addition, the staff took photographs ofthe area, as well as several of the stumps for documentation purposes. Because the work that was being done was a violation of the Shoreland Ordinance, staff referred the matter to the Community Development Department and Engineering Department to see if they could determine why the particular work has been done. The intent of that discussion was to have one of the departments contact Orin Thompson to make sure that no additional work would take place on the property until answers could be given regarding the apparent violation of the Shoreland Ordinance. On Monday, July 7, staff received anther phone call from property owners inquiring as to why additional work was being done at the "white house" on Mitchell Lake. Staff again visited the site and observed that a large quantity of earth had been removed from the backyard, including the area where the trees had been cut. With the removal of the dirt the backyard drainage was directed into Mitchell Lake. During that visit, the staff did notice that there now appeared to be furniture in the house. Upon returning to the office, staff found out that there had been no contact with either Orin Thompson or a homeowner regarding the tree cutting that occurred the previous weekend. On Wednesday, July 9, Jean Johnson, Zoning Administrator, notified me that she was in contact with Mr. Joe Hertig, who was the owner of the property at 17562 Belfast Cove. She had arranged a meeting with Mr. Hertig for Tuesday, July 15 to discuss the tree cutting and the earth removal from the rear yard of this new residence. MEETING WITH MR. HERTIG: On Tuesday, July 15, staff met with Mr. Hertig and explained the three code infractions that had 2 occurred at this home on Belfast Cove. These code infractions included: • failure to apply for a permit for grading a shoreland area and shore impact zone • intensive clearing of vegetation within the shore impact zone • alteration of an approved drainage plan The staff met with Mr. Hertig and explained that because of the seriousness of this violation that restoration and mitigation for the tree removal and grading would be necessary. At that time, staff gave Mr. Hertig a copy of the Shoreland Ordinance, as well a copy of the grading plan for the Shores of Mitchell Lake 5th Addition. Mr. Hertig admitted that he contracted for the tree removal and earth work; however, he did not realize that this was a violation of the Shoreland Ordinance. It was unclear during our discussions whether or not he had discussed removal of the trees with Orin Thompson Homes at the time of purchase or closing. Staff also received a copy of the restrictive covenants that, according to Lee Johnson, were given to each property buyer in the Shores of Mitchell Lake 5th Addition. The covenants set up architectural controls, as well as outlining various restrictions, including grading and tree removal. A copy of this covenant declaration is attached to this memo. At the time of the discussion with Mr. Hertig, staff explained that a mitigation plan would be taken to the Parks, Recreation and Natural Resources Commission and the City Council for their review prior to any restoration work. Staff also recommended that immediate steps be taken to install an erosion control fence to prevent any further erosion of the backyard soils into Mitchell Lake .. RESTORATION PLAN: The restoration steps that the staff suggested to Mr. Hertig utilize in preparing a plan included the following: • • • Planting trees similar in species to the 108 inches of trees that were removed. Trees would include any of the oak trees (red, white, bur, or swamp white oak), basswood, ironwood, American plum or pin cherry. The varieties that were suggested are similar to those that were removed from the site. The majority of the trees were to be planted within the 75' shoreland impact area where the original trees had been removed. The intent was to restore the area so that the view of the home from the lake would be again screened by trees. The staff did indicate that under the Shoreland Ordinance views ofthe lake are permitted and that openings could be left in a couple of areas of this tree planting. Because it was going to be difficult to put a 108 inches of trees in the area where the tree cutting had occurred some latitude was being given in putting Co lorado spruce and other trees along the two side yard areas of the Hertig residence. An earth berm would have to be recreated between two and three feet high to eliminate water drainage from the backyard directly into Mitchell Lake. The berm would have to be placed in line with the excavation that occurred, which allowed the drainage to be vented directly into the lake. (Because of the grading work that was done, the entire backyard may need to be regraded. 3 A deadline was given Mr. Hertig so that the proposed landscape plan would be available for the September 15, 1997 Parks, Recreation and Natural Resources Commission meeting. Attachments: Proposed Grading Plan -Mitchell Lake 5th Addition mitigate/Stuart97 4 llH-I S I ~t:.t:.1 INL. 512 945 9707 P.02/02 • ~~seD f2~T0etrr7o~ WEST LAKE /hr~: . / . ~ ... > Be:Jr.!( 10 ttt -.. [,," A'/X6'O 1L'b~ftXXJCJ, ~S"5'tAKJOO ..--.,,,, rpePI6f5 100 ~XCA(,I/I1fi2 \"., .. "'_._~"_ ~ 8y O~~ \ ~.,,_-.,.._ 5 .".-~ 13 It- I ? ("i'Z& t 'f til " , U (A" CQ:O{iLO ~az'" 7' . %" .,O~ ~..oll'( II' /08.5" TOTRL P.02 DATE: 10/07/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: IV-i<. DEPARTMENT: ITEM DESCRIPTION: I.C. 97-5440 Engineering Division Award Contract for Birch Island Watermain Mary Krause Recommended Action: Approve resolution awarding contract for installation of Birch Island Watermain to Minger Construction in the amount of $137,739.36. Overview: This project will install a 16" watermain that is part of the comprehensive plan for the City water distribution system. The completion of this watermain prior to TH212 construction which is scheduled to begin in 1998 will serve as an important link strengthening the northwest and north central water distribution system. Fmancial Issues: Eight bids were received for this work with the lowest bid received from Minger Construction at $137,739.36. This bid is below the Engineers Estimate of $153,236.50 by approximately 10%. Trunk water funds will be used to finance this project. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 97-5440 Birch Island Watermain 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 MINGER CONSTRUCTION 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 Minger Construction in the name of the City of Eden Prairie in the amount of $137,739.36 in accordance with the plans and specifications thereof approved by the Council and on me in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on October 7, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk tHI .. J 1.1 .. 1ft 1CIII rieke carroll muller associates, inc. engi~eers arcnltects l~d suNeyors equal opportunity emplOjer 1 09: -red circle dr. pas: ~ffice box 130 mirretonka, mn 55,3(..3-0130 (612) 935-6901 fax '6;2) 935-8814 WIN IJ. -~ir1-assoc.com 'U612 935 8814 September 30, 1997 Mr. Alan Gray, P.E. City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Birch Island Road Watermain Improvements I.e. 97-5440 RCM ASSOCIATES ~~~ EDEN PR~IRIE RCM File No. 10417_01 Recommendation for Project Award Dear Mr. Gray: 141002/004 RCM has reviewed the bids received on September 25, 1997 for the subject project. A total of 8 bids were received. We recommend award of the project to Minger Construction, Inc., the contractor re~ .. ponsible for the lowest bid, for a total bid amount of $137,739.36. A bid 1abulation is enclosed. Please call me if you have any questions. Sincerely, !t:!£r:!:f1 Project Manager RIEKE CARROLL MULLER ASSOC., INC. Enclosure City 01 Eden Prairie· Birch Island Walermaln Improvement Conlract 91-6440 ROM Project No. 10411.01 Bid Tabulallon Bid Cate: September 21S, 1997 r---------------------_ .. ------ Contractor Engin6~r.$~ Sllf!l.!!6 --~.---- Item OescriJltion Uni! Quanlltv -------Unlt Pric~_ Mobilization ___ 1~ __ 1 $7500.00 _ .. _.- 2 .-~ 136 U,OQ ._. __ .----_.- 3 IRemo .... Bitum[nou5 Plyement SY 1315 __ !1~ ----~-.-- .. Eden Pralrl~. !!I~~~ston. Bidding rmt ------~ ~!2-OQ ---.. -~---- 5 C1:lnne<:1 to El<I~tlnIl8' Wiltilrmllin EA 1 _$75[).Q~ -_ ...... ------ EA 2 $1,SOO.0(} I ! ~~ 10 Hi"' Butterfly Val .... and Box 'Alr Reliel Vatve arid M~nhole ----_ .... -_.-. i ----EA 2 51800,00 ----~~~f-155: $2.00 -----$2.000.0[) -~------ -~---1 $3.500,00 --~-... ---~-- 11 6" DIP Ct 52 Walermaln for Hydrant L8~ rls -~-40 $20,00 ------ 12 .8" 01 ~ C1. 52 Watemuln LF 30 $25.00 -------~ I'" .. 116" DlP CI. 52 Watermaln --~----.--'L. -----1532 $40,00 14 ~.-LF 3aO $42.00 15 LS 1 $15000.00 16" DIP CI. 52 R8~lfalnad Joint Walorm Jad: and BOle 28" Min. Olam. Ca!>lnL---_._-_ .. 16 17 1a 19 20 4" Thic;k POI)'5t~!!D.J!tsulation CIIl$$ 5 Aggregate· 100·,4 Cru$hed QUBny BaH COU~B MixtUflt 2331·TYI)8 3tB ---~ __ ock ---- Wear Coul5e Mixture 2331·Typ? 41~ __ _ ----- 8itumlnous Matllrlal tor Tack Coat --_._--.- -~ TON TON _TOU ,.._GAl ---3<10 $2_,50 1492 ~9_00 145 $26.00 110 $26.00 ------._- 65 $2.00 Amount $7,500.00 --~- ______ ~040a.OO _ . ~~~~2,50 . __ !I,~~:OO __ . _ $75D_0Il $3.200.00 $3600.00 $3 106.00 __ ~,900.oo $3,500.00 $BOO.OO $150.00 S61.280.00 r 315,960.00 $t5.oo0.oo -- $65il.00 ____ $13.426.00 $3,770.00 $3.080.00 __ ~~3[}.OO II Erosion Control SUI Fence -----Lf lSOO RQQ. ____ $5,SOD.00 22 _._-_ .. _-AC 1--_C!:08 $2000,00 _. S16G.OO ._0- 23 ------;--~---125 $3_00 t J75.oo ----_. 24 . -lS 1 $3rOOO.OO $3 000.00 $156 301.50 -- ·M~ ... t[pllcttlon Enor • Correct Amount Shi)wn -- Mingor Construction . Unit Price Amount $3,100.00 $3,100.00 $t.75 $238.00 $1.60 $2, 1 G4.00 $6,00 __ J5<10.oo __ $425.00 -$425,00 $735.00 $1,470.00 $1,960.00 $3920,00 $2,40 $3,729.60 $1,650,00 $4,950.00 _ $2.155,00 $2155.00 $15,25 $610.00 $23.15 $6&4.50 $38,50 $56,962.00 .1_46.00 $18,240.00 ~970,00 $970.00 $4,65 .--l!M1 ,OO $11,35 $U3.934.20 $36,75 $5.618.75 $47,00 $5.170,00 $2,75 $t78,75 $1,65 $4620.00 $1 232.00 $98,56 $4.00 $500,00 $910.00 $910,00 $137.139.38 RIeke Carloll Muller Assoc" Inc, Page 1 or 2 Wolter Construction Brown & Crl" Inc, UlIlt PJlce Amount Unit Price Amount $:1,323,64 $3323,604 $5 000,00 $5000.00 $2,00 $272.00 S3,00 $41)8.00 $1,50 $1972.50 $1,50 $1,972.50 $20,00 $1,800.00 $tO.65 $976,50 $BOO,oo $900.00 $447.00 $447,00 $1,000.00 $2000.00 $834.00 $1666,00 $200D_00 $4,000.00 $1 587.00 $3,174,00 $2,00 $3,10B.00 $3.75 ·$6,e27.60 $2 ~OO.OO $7,200.00 $1,350.00 $4,050,00 $2.500.00 $2,500.00 $1730.00 $1780,00 $t9.00 $760.00 $17.60 $712,00 $20.00 $SOD.OO $20.85 $625,50 $33.28 $50,984.96 $37.00 $56 8a4,00 $~.28 $13,786.40 --$46.00 $17480.00 $15,000.00 $15,000.00 $12700.00 .!12700.00 $3.50 $1 100.00 $5.75 $1955.00 $10.00 $14,920.00 $9.25 $13801.00 $40.00 $5,SOO.00 $31.00 $4.495.00 $45.00 $4.950.00 $32.00 $3,520.00 $3.00 $195.00 $2.50 $162,50 $1.65 $4620.00 $2.10 $5.8a0,00 $1000.00 -$00.00 $4 300.00 $:>44,00 $4.30 $537.50 $5.25 $656,25 $1,500.00 $1,500.00 $2,500.00 $2,500,00 $142,000,00 114611111.16 Da ... e Pl!Irklns Contracting I Un1t PrIce Amount $5000.00 $5000.00 $2.00 $272.00 $1,50 $1972.50 518,00 $1820,00 $450,00 $450,00 $550.00 $1,100,00 $1500.00 n,ooo.oo $3,00 $4682.00 $1,600.00 $5,400.00 $3,200,0{) $3,200,00 $25.00 $1,000.00 $21!.OO -f8.40.oo $35.50 $54,386.00 $47.50 $18050.00 $15000.00 $15,000.00 $2,50 $850.00 411.00 $16411.00 .$36.00 $5,220.00 $43.00 $4.730.00 1 $3.00 $195,00 S2.OO $5500,00 $2500,00 $2(10,00 $3,0{) $375,00 $1200,00 $1200,00 $1I013UO 0912&97 o co <:.> o " co -I .... .... .... .... tj 0:. .... N, co <:.> VI Go Go .... .... ~ " t:.:: OJ.- (Jl (Jl o n >-I :... ~ (Jl l .!- l gJ tr1 'Z ~ OJ.-.... :;0 .... tr1 I!§;I o o <:.> '-c- c· .... .~ '-' -_____ "'_' _____ 0. __ •• _._-----" ._------.. -------~. Conlrlclor .-.--------.-~r_.-----~- . Ponn.B>ntra4;tLng Utility Sy~l~mli 01 America Item Dncr\ption _~[l.i!_ _9£!nIitL ~!1Jt Price r..!-molJnt Unll Price ~~. -~-----.. 1 MobilizaHon ~.-1 ~_oo.~ .--!!,800.oo U5.000.0() $15,000.00 . --.---------. 1--._-_ .. 2 Isawlng BitlJmlnoU5 Pavement LF 1-. 136 $4.00 $544.00 $5.00 $S80.00 .--... 3 Remove BltumlrlOus Pavement r-'~. 1315 --$.~ ___ S1,5?~_ $2.00 $2,630.00 --. __ .-.---.. - 4 Eden Pralrle Binderstone Baddf1l9 --.. --. ..JE.!L t--.--.~ r--.$1\;~ __ $990.~ t---1.1 5.OO $1,350.00 5 Connect to ExJ,tlngS" WatGllTlaln ---_.-EA 1 ~OO.OO $600.00 51000.00 $J 000.00 _._---- 6 Connect 10 Eld~!ln5J IS" Wlltermain .-r-~L . ___ .~.1 I-!~.BOO.~ $3800.00 $1,000.00 $2000.00 7 Hydranl with 6" Gale Valve and Box EA 2 $1,850·02 $3,700.00 $2.100.00 $1~ ... __ .. _----------- 8 Iwatermaln Fittings --~---r-__ ~4 ---$!:.~ -.. -$2,175.60 $2.00 $3.106.00 ~ ur Suffllr1\V V.'vit aM Box . ___ .. ,,_ .. __ . . __ EA 3 JM!lQ,!l!) .. _.J~,400.00 .. 51,8OQ"QQ, t--. $5,400.00 --~ .. ~-- 10 !AIr Relief Valve and Mimhole ~~-,-. _____ 1 .12,1QP:QQ. _.12,100.00 $2.000.00 $2,000.00 11 S" OlP CI. 52 Watormaln for H~drimt Leads LF 40 $27.00 $I,{)8I).OO $25.00 51,000.00 12 8" DIP C 1. 52 Watermaln -'-L-..!E...... __ .. ..12.. _ $32.9Q. r--.~960.00 $27.00 5810.00 13 16" D1P Cl. 52 Walem\llin .----~-__ !S~_. $40.00 $6\,280.00 $34.00 $52086.00 ~ 14 1S" DIP CL 52 Restrained Jolnl Watermaln LF 360 ._. $5Il00 t---ll~,ooo .00 $45.00 $17,100.00 ---- 15 Jack and Bore 28" Min. Dlam. Cuing . --r-!:L.. . 1 $14.925.00 $14,925.00 $15,600.00 $15.600.00 ~.\6 4" Thlck Poiy$tylBnt Insulatlan s~_ 1----140 $2.60 $BS4.oo -$2.50 $850.00 ---- 11 Clau 5 Aggreoate . 100% Cru~hlil Quarry Rack TON 1492 $10.40 $15.516.60 $10.00 $14.920.00 18 Sase Cour5EI Mixture 233\·Type 318 TON 145 $34.00 $4,930.00 $35.00 $5,075.00 19 Wear CoUfM Mbclure 2331-T'J1P8 41A Tm~ 110 $36.00 $3960.00 $35.00 nasa.oo 20 BiluminCHls Materl.1 for Teck Coat GAL 65 .--$~~ t--. $162.50 $2.00 $130.00 . 21 Eroslon Control SIlt Fence ---"---r-.!oL r--.2800 __ $_l!95 $5,460.00 $3.00 $6,400.00 22 Topsoil 8M<! and Mulch AC 0.06 $4,000.00 $320.00 $2000.00 $160.00 .-- 23 loami' Ind Sod (la .... " Tr~) Sy 125 $3.00 $375.00 $3.00 $375.00 24 r raftic Contsol .-I-'~ 1-___ 1 $1,5OQ:.~ t-~\ 500.00 $2.500.00 $2 500.00 Total Bid Amount -.------~----------... --j!5t.040.9j) --------.Jj60,226,OO Rltke Carroll Mu~ar AsSIXl., Inc. Pagel 012 Richard Knuts!)n Inc. Unit Plice AmoLJnt $10,000.00 $10000.00 $2.55 $346.80 $2.00 $2,630.00 53.76 $788.40 $158.69 $158.69, $446.93 $293.66 $1,6!T.8~ $3.235.66 $3.94 $6.122.76 $1,373.66 . $4,121.64 $2.459.4~ $2459.43 $2\,37 1654.S<l $24.03 $720.90 $39.S<l 560973.60 - $4$.23 $18327.40 $15.542.8\ $15542.81 $2.08 $707.20 $12.01 $17,916.92 $35.91 $5,206.95 .1.43.45 $4nS.50 $2,55 5165.75 $1.64 $4,592.OQ. $5,100.00 $40B.00 $5.10 $637.50 $1000.00 $1.000.00 $162,692,51 Nor1hdale Con5tru~on Unit Pile. Amount 18000.00 $6,000.00 $4.15 $646.00 . $2.50 $3.287'.50 $B.75 $787.5Q. $1,250.00 $1,250.00 $2500.00 $5.000.00 $1,787.6'2 $3 5'5.2~ $3.75 $5.827.50 • $1699.05 $5,()91.15 $2861.41 $2,SI!t.41 118.17 $726.80 1 $19.92 $597.60 $34.52 $52 S1!4.64 ~46.55 $17669.00] $t8,OOO.OO $18.000.00 $3.99 $1358.60! $10.04 $t4919.68 i $3B.19 $5.537.55 .148.22 $5,G84.LO $2.71 $176.15 1 $L.5S $7140.001 1$10000.00 $600.00 $11.00 $1375.00 $7 500.00 . $7 500.00 $170,169.62 09125191 00 (0 .;..> 00 -', (0 -I I-' I-' ~ .::11 ~ 0:. I-' t·,:, (0 .;..> o • 00 00 I-' ~ ~ C1 :=:: ;... U) U) o ,'1 ~ ;... ~ U) .!- .l- ·l· ~ trl Z ~ ~ ~ ~ trl [§I -0 -0 ~ -0 -0 ~ DATE: 10/07/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 19.L ' SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Golden Strip East 2nd Addition Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Golden Strip East 2nd Addition subject to the following conditions: • Receipt of engineering fee in the amount of $1,328.00 • Satisfaction of bonding requirements for the installation of public improvements • The requirements as set forth in the Developer's Agreement • Prior to issuance of the first building permit, a conservation easement shall be submitted for review and approval. • Prior to issuance of any building permit, an approved and recorded cross-access and maintenance agreement shall be submitted. • Prior to issuance of any grading or construction permit, developer shall submit and obtain approval of plans for sidewalks and trails to be constructed. • Revision of plat to include drainage and utility easements over all existing and proposed wetland • Revision of plat to include drainage and utility easement from storm sewer CB/MH7 to flared end section • Revision of plat to include Northern States Power Electric Tramsmission Easement Background: This proposal located at the northwest quadrant of Viking Drive and Golden Triangle Drive, the plat consists of 13.28 acres to be divided into one lot and one outlot. Lot 1 is the proposed site for an office building and parking structure. This is a replat of Golden Strip East, Outlot B. The preliminary plat was approved by the City Council August 19, 1997. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement is schedule for the City Council meeting to be held October 7, 1997. JJ:ssa cc: John Gattuso, Liberty Property Development Corp. Tom Lincoln, BRW, Inc. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF GOLDEN STRIP EAST 2ND ADDmON WHEREAS, the plat of Golden Strip East 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Golden Strip East 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 16, 1997. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on October 7, 1997. Iean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 2 GOLDEN ...... , .. " ........ . _ tL fW'. Ilt. ... a···........ ,... .. "?::·r \ - ~ ! -. GOLDEN STRIP EAST 2ND ADDITION \~\ . 'I 'ia , .. 1, : ...... -.... , d -" ~!lrt , ... :t c--, -.I ... ~""-.. "" / ........... --- \ H.~ort ., ... ,uc" ....... _ .. ..2-nIP t ...... u·--•• _~ OUlLOT II B .~1fI.·w •.•••••• \ H57"31'21·. ~::: .. »-)4 STRIP E~AST 3e'OO sa~~·III·. -----• \ EAST ... \ \ :ii \ iH \ .. \ ~L --i-::;I"I~ -;'.00 } ........ . ---nH:Vi~ ---• --• r ...... ~~·I.·W --------iNiHiHi T .~.,.:~ ----- HHHr.;.;~::· NO. J'.;),', i / l I ; :t. I -' .... ~.~ .IA:. ",. »Ut 001 .. 0. ··otn-_ .." C.R. DOC. NO. N t • II.. JOt ,....., . ICAI.I II rut . _ ... _ ..... _DA1\.II ._---o _ta __ t", ! I !" 1 =~u"",.,L .... II i t .. ! , IDIIC .. 00 ra' ... IN. ~ OftO_ IOCAC....., ~...." t.H1.,t",.o 1000 1tt1 III tlllDtk NIO~ ItOHf " .A, L.ICt AS .. ~ r ntt ~l ~ SHEET 2 or 2 SHEETS DATE: 10/07/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: 111m. DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of The Big Woods 2nd Addition Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the [mal plat of The Big Woods 2nd Addition subject to the following conditions: • Receipt of engineering fee in the amount of $492.00 • Receipt of street lighting fee in the amount of $2,621. 00 • Receipt of street sign fee in the amount of $461.00 • Satisfaction of bonding requirements for the installation of public improvement • The requirements as set forth in the Developer's Agreement • Revision of plat to include all street names • Revision of plat to include all scenic/conservation easements for the protection of significant trees Background: This proposal is a subdivision of Outlot A of the First Addition. The plat consists of 12 single family lots, right-of-way dedication for street purposes, and two outlots. The preliminary plat was approved by the City Council July 19, 1994. Second Reading of the Rezoning Ordinance and [mal approval of the Developer's Agreement was completed on August 16, 1994. JJ:ssa cc: Jim Ostenson, Tandem Properties Gary Germond, Sathre-Bergquist, Inc. I r z o F -o c « c Z N (/) C o ~ (.!) -m I I I I I / / / / / / a 0 0 M 1 N 3 ~ 8 NOI1IOO'v' Hlv Hl'v'&l'v38 (/) I- W W ::x: (/) N u.. 0 I- W W ::x: (/) ./ I !! .. ! 0 3 H .1. ~ ~ ~I~ I Iii!! , I IiI i ~~ !,!; ~ i illl I , ~ THE BIG WOODS 2ND ADDITION C,R. DOC, NO. C9-tofI\f 2'1'\&"t. 1>_",,;21""-C.20~.0\6 ,~. ~~. -, Z 0 i= 6 0 1\ « I I I I ~ I I , ~ ~I I I ~Pll ~ ~ ,i l ~ l ; 0 en I i -J I ~ ~ 0 ~S2'4ft "21o.l16"'~' 110-1 =-". l'40.lW:. 7i-" I t *fIt:!' "1 FAIRFIELD WEST -___ N88'OI"'''[ eet.te --------------- $ or--ow. , SCENIC __ ••• __ _," _.___ " HEIGHTS. _ _ ..... __ . g ROAD " ---~-'" I --, l SCENIC , ..... r" o A "2I'~ I --21$.n--_ .... I, U T L (f"I (P -- ... ~ Ii! I I ." I ;e \ :;0 ~\ ." iTi r CJ I I ~ fT1 \!Il ~ as GI~ N I Z " 0 » CJ 0 ~ 0 Z I <: I -~ -MATCH LINE ~, ~+ Su-tJr ... ( SEE SHEET 1 OF 2 SHEETS ) o IfI ~ \ SATHRE-BERGQUIST. INC, ~~! , :t' ""'flta ,.,.. 1Itt:_r0ll1ltt_1mDI1S_ ,., .. 0', If SCALE II nET o DDI01l1I111C1H~ SHEET 2 OF 2 SHEETS I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF THE BIG WOODS 2ND ADDmON WHEREAS, the plat of The Big Woods 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for The Big Woods 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 18, 1997. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on October 7, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 4 DATE: 10/07/97 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: 1~>~ > SECTION: DEPARTMENT: ITEM DESCRIPTION: I. C. 93-5301 Engineering Division Approve Revised Layout Plan for TH 212 from 0.5 Miles east of Mitchell Alan D. Gray Road to 1-494 Recommended Action: Approve the revised layout plan for TH 212 from 0.5 miles east of Mitchell Road to 1-494. Overview: The original layout plan for TH 212 through Eden Prairie was approved by Council in 1988. MnDOT is now completing the construction plans for that portion ofTH 212 from 0.5 miles east of Mitchell Road to 1-494 and plans to begin construction in 1998. Over the past nine years many minor revisions have been made to the plans in this segment. Not all of the revisions have been specifically approved by Council. MnDOT is requesting Council approval of this final layout plan which is consistent with the detailed construction drawings now being finalized. Many of the changes to the plan of this segment since 1988 improves the "fit" of the project into the community. As an example, this plan requires less enchroachment into the parking lot at Rainbow Center than shown on the original layout plan. Another example is the deletion of the use of retaining walls in the northwest quadrant of the interchange with Prairie Center Drive. Staff believes this final layout plan to be better and more refined than the original plan approved in 1988. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. APPROVAL OF LAYOUT 5D TH 212 I.C. 93-5301 WHEREAS, the Minnesota Department of Transportation has prepared a Layout 5D for TH 212 from 0.5 miles east of Mitchell Road to TH 494; WHEREAS, the improvement of this roadway would be beneficial to the health, safety and welfare of the City of Eden Prairie by providing much needed transportation corridors through the community; and WHEREAS, the City of Eden Prairie desires that the improvements be provided at the earliest convenient date. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said layout number 5D is hereby approved. ADOPTED by the Eden Prairie City Council on October 7, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk f~~~ _M_i_n_ne_s_'o_t_a_D_e_p_a_rt_m_e_n_t_o_f_T_rn_n_s_p_ort __ at_io_n ____________________________ ___ l.!.. ~l Metropolitan Division "Ol'TfIIo" Golden Valley Office 2055 North Lilac Drive Golden Valley, MN 55422 September 11, 1997 Mr. Alan Gray City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 SUBJECT: S.P. 2762-11 (T.H. 212) Office tel: 6121797-3051 Fax: 6121797-3181 Municipal Layout Approval -Portion Layout 5D From 0.5 Mile East of Mitchell Road to I 494 Dear Mr. Gray: Enclosed is the final layout for Stage 1 of the T.H. 212 construction project. A history of its development is provided at the left end of the layout, between the title box and index map. As you can see, numerous revisions have occurred over the past 13 years. Some of those revisions have been approved by the City via formal resolution and some have received only verbal approval from City staff. Therefore, it is difficult to determine which revisions have occurred since the last "City Approval." Consequently, rather than asking the City to approve only "here-to-fore unapproved revisions," we ask that you review this layout (titled "Portion Layout 5D") in its entirety, and provide a council resolution approving the layout in its current form. We ask that this resolution be provided by October 15, 1997. Thank you for your efforts in this matter. If you have any questions, please call me at the telephone number listed above or call Harvey Scheffert at (612) 797-3037. Susan M. Klein, P.E. Principal Engineer SMK:meb Enclosure cc: H.M. Scheffert-MniDOT-GV/Final Design An equal opportunity employer LAYOUT HISTORY REVISIONS FROM LAYOUT 1 TO lA SEPTEMBER 1984 I.REVISED ALIGNMENT VICINTY OF T.H. 101 REVISIONS FROM LAYOUT lA TO LAYOUT IB FEBRUARY 1985 I.REVISED INTERCHANGE AT PROP. C.S.A.H. 17 TO A FOLDED DIAMOND TO ALLOW FOR FUTURE T.H. 41 CONNECTION (RIVER CROSSING) REVISIONS FROM LAYOUT 18 TO LAYOUT 2 AUGUST 1985 1.NEW BASE MAP (1984 AERIAL MOSAICS) EXCEPT SOME FRINGE AREAS 2.REVISED ALIGNMENT VICINTY OF C.S.A.H. 17 AS PER FLAP "A" ALIGNMENT ALTERNATE FROM DISTRICT 5 3.ALIGNMENT REVISED ON T.H. 101 4.BRIDGE ADDED TO LYMAN BLVD. 5.T.H. 5/T.H. 212 FROM C.&N.W.RY. TO JCT. 494 A.REVISED ALIGNMENT SEPARATING T.H. 5 AND T.H. 212 TRAFFIC WITH SLIP RAMPS TO SERVE WALLACE ROAD AND MITCHELL ROAD 6.PRAIRIE CENTER DRIVE -REVISED INTERCHANGE WITH SLIP RAMPS ADDED IN S.W. QUADRANT REVISIONS FROM LAYOUT 2 TO LAYOUT2A SEPTEMBER 1985 1.C.S.A.H. 17 (INPLACE) ALIGNMENT REVISED AT T.H. 212 SEPARATION (6° TO 2.5°) 2.C.S.A.H. 17 (PROPOSED) -ALIGNMENT REVISION -TANGET THRU INTERCHANGE AREA 3.EDEN PRAIRIE ROAD (C.S.A.H. 4) -REVISED INTERCHANGE TO A LOOP DELETING LOOP IN S.W. QUADRANT 4.WALLACE ROAD TO MITCHELL ROAD -E.B. ROADWAY ALIGNMENT REVISED -BRAIDED RAMP -T.H. 5 THRU TRAFFIC UNDER MITCHELL ROAD 5.TECHNOLOGY DRIVE -STRAIGHTENED ALIGNMENT AND ADDED RAISED MEDIAN 6.PRAIRIE CENTER DRIVE TO JCT. 494 -FOUR LANES IN EACH DIRECTION 7.PRAIRIE CENTER DRIVE TO MITCHELL ROAD -W.B. ROADWAY -MOVED MAJOR FORK NOSE WESTERLY APPROXIMATELY 1200' a.WALLACE ROAD -REVISED FRONTAGE ROAD ALIGNMENT IN N.W. QUADRANT LAYOUT 2A LIMITS ARE FROMT C.S.A.H. 17 TO JCT. T.H. 494 LAYOUT 3 LIMITS ARE FROM W. HENNEPIN COUNTY LINE TO JCT. T.H. 494 REVISIONS FROM LAYOUT 2A TO LAYOUT 3 NOVEMBER 1985 I.EDEN PRAIRIE ROAD (C.S.A.H. 4) A.REDUCE MAINLINE CURVATURE FROM 3° TO 2.5° 2.WALLACE ROAD A.ADDED TWO BRIDGES -WALLACE ROAD OVER T.H. 5 CONNECTIONS B.ADDED OFF AND ON RAMPS WEST OF WALLACE ROAD TO T.H. 212 C.WALLACE ROAD REVISED TO 4 LINES UNDIVIDED D.REVISED FRONTAGE ROAD IN N.W. QUADRANT 3.WALLACE ROAD TO MITCHELL ROAD A.ALIGNMENT REVISED ON RAMP CONNECTIONS DELETING BRAIDED RAMP <E.B.l B.DELETED OFF/ON RAMP CONNECTIONS FROM MITCHELL ROAD WEST TO T.H. 212 4.MITCHELL ROAD TO PRAIRIE CENTER DRIVE A.W.S. T.H. 212/5 (SPLIT) NOSE MOVED WESTERLY TO APP. 900' WEST OF MITCHELL ROAD B.MAINLINE ALIGNMENT REVISED FROM 2.5° C TO 2°C 5.PRAIRIE CENTER DRIVE A.REVISED RAMP ALIGNMENT IN S.W. QUADRANT FROM OFF/ON SLIP RAMPS TO A FOLDED DIAMOND 6. TECHNOLOGY DRIVE A.REVISED ALIGNMENT AT CONNECTION TO PRAIRIE CENTER DRIVE REVISIONS FFROM LAYOUT 3 TO LAYOUT 3A APRIL 1986 1.EDEN PRAIRIE ROAD (C.S.A.H. 4) A.ADDED SCENIC HEIGHTS ROAD CONNECTION TO EDEN PRAIRIE ROAD 2.EDEN PRAIRIE ROAD TO WALLACE ROAD A.MAINLINE ALIGNMENT REVISED -DELETED BROKEN BACK ALIGNMENT - 2 CURVES INSTEAD OF 3 3.MITCHELL ROAD A.REVISED ALIGNMENT ON WESTERLY RAMP B.ADDED BIKEWAY FROM VALLEY VIEW ROAD ALONG MITCHELL ROAD AND MARTIN DRIVE TO T.H. 5 WESTERLY 4.PRIARIE CENTER DRIVE A.REVISED ALIGNMENT ON PRAIRIE CENTER DRIVE -TANGENT BETWEEN LOOP TERMINALS REVISIONS FROM LAYOUT 3A TO LAYOUT 3B JANUARY 1987 1.DELETED C.~N.W.RY. BRIDGE ON T.H. 5 2.PRAIRIE CENTER DRIVE A.REVISED ALIGNMENT ON LOOP, RAMP AND TECHNOLOGY DRIVE TO SAVE INPLACE CULVERT ON TECHNOLOGY DRIVE REVISIONS FROM LAYOUT 3B TO LAYOUT 4 JUNE 1988 1.MOVED LOCATION OF DELL ROAD INTERCHANGE APPROXIMATELY 2000'+/-EAST TO AVOID A MORE ENVIRONMENTALLYSENSITIVE AREA NEAR RICE MARSH LAKE 2.CHANGED DELL ROAD INTERCHANGE TO A FOLDED DIAMOND FOR THE FOLLOWING REASONS: A. IT WOULD BE MORE COMPATIBLE WITH LOCAL PLANNING GOALS B.PROVIDES A LONGER DISTANCE BETWEEN C.S.A.H. 4 ON RAMP AND DELL ROAD EXIT LOOP C. IT WOULD NOT ENCROACH ON MILLER PARK 3.REVISED T.H. 212 TO GO UNDER C.~N.W.RY. TO PROVIDE A DEPRESSED ECTION NEAR MILLER PARK 4.REVISED T.H. 5 GRADE TO GO UNDER C.~N.W.RY. 5.REVISED WALLACE ROAD TO GO UNDER T.H. 5 AND T.H. 212 7.REVISED PRAIRIE CENTER DRIVE ALIGNMENT TO A 2°C THRU THE INTERCHANGE AREA. MOVED TECHNOLOGY DRIVE TO THE NEW LOCATION AS REQUESTED BY THE CITY OF EDEN PRAIRIE 8.PROVIDED 230' RADIUS OFF LOOPS AT DELL ROAD AND PRAIRIE CENTER DRIVE REVISIONS FROM LAYOUT 4 TO LAYOUT 4A MARCH 1990 1.REVISED ALIGNMENT ON PRAIRIE CENTER DRIVE TO REDUCE ENCROACHMENT INTO SHOPPING CENTER (N.E. QUADRANT PRAIRIE CENTER DRIVE) 2.REVISED RAMP A ~ LOOP A ALIGNMENT AND ADDED H.O.V. LANE TO LOOP A 3.TYPICAL SECTION ON PRAIRIE CENTER DRIVE MODIFIED (58' CENTER TO CENTER THRU INTERCHANGE) TO ACCOMODATE DOUBLE LEFT TURNS (P.C.D. TO LOOP A ~ RAMP B) 4.REVISED PLAZA DRIVE ALIGNMENT AND GRADES TO ALLOW ENT. TO SHOPPING CENTER (STA. 14+05) TO REMAIN OPEN; ALSO REDUCES CONSTRUCTION BY MEETING INPLACE ALIGNMENT SOONER 5.REVISED W.78TH ST. ALIGNMENT TO BE COMPATIBLE WITH NEW RAMP A ~ LOOP A ALIGNMENT. ALSO REVISED TYPICAL TO MEET INPLACE 78TH ST. SOONER 6.MOVED PROPOSED TECHNOLOGY DRIVE TO ALTERNATE LOCATION AS SHOWN ON LAYOUT 4. REVISED TYPICAL TO 52' WIDTH AND ADDED TURN LANES 7.TRAFFIC PROJECTIONS IN PRAIRIE CENTER DRIVE AREA ARE FOR YEAR 2010 REVISIONS FROM LAYOUT 4A TO LAYOUT 4B JULY 1991 BASED ON NEW TRAFFIC DATA IN TA-380, THE FOLLOWING CHANGES WERE MADE: I.ADDED ANOTHER RIGHT TURN LANE TO LOOPBPCD 2.REVISED THE LANE CONFIGURATION ON RAMPAPCD TO PROVIDE 2 RIGHT TURN LANES, ONE THRU LANE AND ONE LEFT TURN LANE 3.REVISED N.B. PRAIRIE CENTER DRIVE AT PROPOSED TECHNOLOGY DRIVE TO MAKE THE LEFT TURN A DOUBLE LEFT TURN 4.PROPOSED TECHNOLOGY DRIVE ALIGNMENT REVISED AS PER R/W,SOILS AND THE CITY OF EDEN PRAIRIE 5.PROPOSED TECHNOLOGY DRIVE TYPICAL SECTION REVISED (URBAN TO RURAL -STA. 73 72.78 TO 92+) AS PER R/W,SOILS AND THE CITY OF EDEN PRAIRIE -TRAFFIC ADJUSTED TO SERVE PROPOSED MEDICAL FACILITIES AT TECHNOLOGY DRIVE REVISIONS FROM LAYOUT 4B TO LAYOUT 5 AUGUST 1991 I.THE CHICAGO AND NORTHWESTERN RAILROAD HAS BEEN ABANDONED ELIMINATING THE NEED FOR RAILROAD BRIDGES NEAR C.S.A.H. 4 (T.H.212 E.B. STA. 1286+) AND NEAR FULLER ROAD (E.B. T.H.212 STA.1230 TO 1350) 2.BECAUSE THE RAILROAD HAS BEEN ABANDONED IT IS NOW POSSIBLE TO HAVE E.B. T.H.5 GO OVER E.B. AND W.B. T.H.212. THIS ALLOWS FOR A DEPRESSED ROADWAY NEAR THE SCHOOL (E.B. STA. 1320 TO 1350) 3.REVISED C.S.A.H. 4 INTERCHANGE. RAMP 0 (N.E. QUADRANT) WAS DELETED AND LOOP 0 WAS ADDED, THIS PROVIDES A LARGER PONDING AREA IN THE N.E. QUADRANT 4.SCENIC HEIGHTS ROAD ALIGNMENT TO MINIMIZE ENCROACHMENT INTO SWAMP 5.ADDED H.O.V. LANES AT C.S.A.H. 4 -RAMP C AND MITCHELL ROAD -RAMPC 6.ADDED SLIP RAMP AND REVISED ENTRANCE TO MARC OR PROPERTY IN THE N.E. QUADRANT OF MITCHELL ROAD 7.FUTURE 3RD LANE SHOWN IN EACH DIRECTION ON THE MEDIAN SIDE 8.LIMITS OF LAYOUT 5 HAVE BEEN REVISED TO BE FROM C.S.A.H. 4 INTERCHANGE TO THE JCT. OF T.H.494 THE NEW LIMITS ARE COMPATIBLE WITH THE SCHEDULED CONSTRUCTION PLAN 9.REVISED INTERSECTION OF C.S.A.H. 4 AND SCENIC HTS. RD. TO PROVIDE LT. AND RT. TURN LANES 10.ADDED STREET BETWEEN MARTIN DRIVE AND FULLER ROAD 11.EXTENDED TECHNOLOGY DRIVE TO WALLACE ROAD REVISIONS FROM LAYOUT 5 TO LAYOUT 5A FEBRUAF 1.REVISED E.B. T.H.5 ALIGNMENT AND PROFILE (AS SUGGESTED ~ DEPARTMENT) WHICH WILL PROVIDE A BETTER BALANCE OF SPAN L 2.REVISED RAMP B -WALLACE ROAD ALIGNMENT AND PROFILE TO BETWEEN RAMP BAND W.B. T.H.212 3.REVISED PROFILES ON W.B. T.H.5, WALLACE ROAD, AND RAMP 1992 THE BRIDGE -HS ON BRIDGE +27194 dNATE PIERS WALLACE ROAD REVISIONS TO LAYOUT 5A FEBRUAF 1994 REVISIONS 1-6 REFLECT CHANGES MADE BY TKDA&ASSOC. I.REVISED W.B. T.H. 5 ALIGNMENT AS PER CONSULTANT DESIGN FILE CLIMITS.DGN REC. 10/11/93 (FROM STA.1175 TO STA. 1200) 2. REVISED RAMP J AT MITCHELL RD. 3.CHANGED LOCATION OF PROPOSED BIKE PATH BETWEEN W.B. T.H.5 AND VENTURE LN. 4.MODIFIED CHAR LYNN ROAD AND ENTRANCE TO CHAR LYNN PROPERTY FROM WALLACE ROAD 5.ADDED FRONTAGE ROADS A,B ~ C IN THE SE QUADRANT OF MITCHELL ROAD INTERCHANGE. 6.ADDED EDEN CROSSING ROAD A ~ ROAD B IN THE EDENVALE CROSSING COMMERCIAL DEVELOPMENT 7.RELOCATED PROPOSED BIKE TRAIL BETWEEN WALLACE ROAD AND PRAIRIE CENTER DRIVE 8.REMOVED RETAINING WALL ALONG NW RAMP OF PRAIRIE CENTER DRIVE INTERCHANGE. 9.MOVED NOISE WALL CLOSER TO RAMP F IN SW QUADRANT OF WALLACE RD. INTERCHANGE. CHANGES FROM LAYOUT 5A TO PORTION LAYOUT 5B MAY, 1995 REVISIONS 1-6 REFLECT CHANGES MADE BY TKDA~ASSOC. I.REVISED W.B. T.H. 5 ALIGNMENT AS PER CONSULTANT DESIGN FILE CLIMITS.DGN REC. 10/11/93 (FROM STA.1175 TO STA. 1200) 2. REVISED RAMP J AT MITCHELL RD. 3.CHANGED LOCATION OF PROPOSED BIKE PATH BETWEEN W.B. T.H.5 AND VENTURE LN. 4.MODIFIED CHAR LYNN ROAD AND ENTRANCE TO CHAR LYNN PROPERTY FROM WALLACE ROAD 5.ADDED FRONTAGE ROADS A,B ~ C IN THE SE QUADRANT OF MITCHELL ROAD INTERCHANGE. 6.ADDED EDEN CROSSING ROAD A & ROAD B IN THE EDENVALE CROSSING COMMERCIAL DEVELOPMENT 7.RELOCATED PROPOSED BIKE TRAIL BETWEEN WALLACE ROAD AND PRAIRIE CENTER DRIVE AND ADDED POND ACCESS ROAD. 8.REMOVED RETAINING WALL ALONG NW RAMP OF PRAIRIE CENTER DRIVE INTERCHANGE. 9.MOVED NOISE WALL CLOSER TO RAMP F IN SW QUADRANT OF WALLACE RD. INTERCHANGE. 10.REALIGNED RAMP B, LOOP B, AND PLAZA DRIVE IN NORTH HALF OF PRAIRIE CENTER DRIVE INTERCHANGE. ELIMINATED PROPOSED RETAINING WALL NO. OF PLAZA DRIVE. 11.ELIMINATED PROVISIONS FOR FUTURE REVISED RAMPS AT 1-494 INTERCHANGE. 12.PROVIDED BUS RAMP AND BUS RETURN CONNECTION IN SW QUADRANT OF PRAIRIE CENTER DRIVE INTERCHANGE TO SERVE PROPOSED TRANSIT HUB(TO BE DESIGNED BY OTHERS). 13.MODIFIED TECHNOLOGY DRIVE AND ENTRANCES TO BETTER SERVE TRANSIT HUB. 14.MODIFIED PRIVATE ENTRANCE FROM PRAIRIE CENTER DRIVE OPPOSITE TECHNOLOGY DR. ':J 15.AFTER PORTION LAYOUT 5B WAS STAFF APPROVED ON SEPT.6,1995, A BIKE TRAIL WAS ADDED TO CONNECT THE NORTH AND SOUTH LEGS OF THE HENNEPIN COUNTY TRAIL ON ABANDONED RAILROAD RIGHT-OF-WAY. THE TRAIL PASSES UNDER WESTBOUND TH 5 VIA A BOX CULVERT AND ALSO UNDER BR. 27194(E.8. TH 5 OVER TH 212 & RAMPS). THIS ADDITION RECEIVED VER8AL APPROVAL IN SEPTEMBER, 1995. CHANGES FROM PORTION LAYOUT 58 TO PORTION LAYOUT 5C MAY 1997 (THIS LAYOUT REFLECTS THE CURRENT REVISIONS DURING DETAIL DESIGN OF S.P.2762-11) 1. REVISED 8IKE PATH LOCATION AND WIDTH (8'TO 10') BETWEEN LEFT OF STA. ±1402 AND RAMP B STA. ±16. 2. REVISED ENT. TO MEDICAL BUILDING ON PRAIRIE CENTER DRIVE (±56) TO LINE UP LEFT TURN LANES ON TECHNOLOGY DRIVE AND ENT. 3. PROPOSED POND LEFT OF +1415 ELIMINATED DUE TO INPLACE SANITARY SEWER. 4. TECHNOLOGY DRIVE SHOWN ON LAYOUT AS CONSTRUCTED AND OPENED TO TRAFFIC IN FALL 1996. 5. REVISED BIKE PATH WIDTH ON EAST SIDE OF BRIDGE NO. 27148 FROM 8' TO 10'. 6. ADDED PONDING AREAS BETWEEN RAMP B AND LOOP B AND RIGHT OF APPROXIMATE STA. 1432 TO STA. 1438 CHANGES FROM PORTION LAYOUT 5C TO PORTION LAYOUT 50 SEPTEMBER 1997 (THIS LAYOUT REFLECTS THE CURRENT REVISIONS DURING DETAIL DESIGN OF S.P.2762-11) 1. REVISED TRANSIT HU8 SITE TO REFLECT CURRENT PLAN. DATE: 10/07/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO:-r\l.O. DEPARTMENT: ITEM DESCRIPTION: I.C. 52-153 Engineering Division Approve Quit Claim Deeds to Hennepin County for Easements associated Rodney W. Rue with the CSAH 4 Construction Project Recommended Action: Motion to authorize Mayor and City Manager to execute Quit Claim Deeds to Hennepin County for easements associated with the CSAH 4 construction project. Primary Issues: These Quit Claim Deeds provide Hennepin County with the necessary easements on City property to construct the CSAH 4 project. Fmancial Issues: There is no financial compensation for these easements as per Hennepin County policy. I QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $EXEMPT Date: ________ , 1997. FOR VALUABLE CONSIDERATION, City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to the COUNTY OF HENNEPIN, Grantee, a body politic and corporate under the laws of the State of Minnesota, together with all hereditaments and appurtenances belonging thereto, the real property described on the reverse side of this document. STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) CITY OF EDEN PRAIRIE By __________________________ ___ Jean L. Harris Mayor By _________________ __ Carl J. Jullie City Manager The foregoing was acknowledged before me this day of , 1997, by Jean L. Harris and Carl J. Jullie the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. This Instrument was Drafted by: Hennepin County Dept. of Public Works Transit & Real Estate Division 417 N. 5th St., Suite 320 Minneapolis, MN 55401-1362 2 Notary Public T ax Statements for the real property described in this instrument should be sent to: Hennepin County Dept. of Public Works Transit & Real Estate Division 417 N. 5th St., Suite 320 Minneapolis, MN 55401-1362 QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $EXEMPT Date: ________________ , 1997. FOR VALUABLE CONSIDERATION, City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to the COUNTY OF HENNEPIN, Grantee, a body politic and corporate under the laws of the State of Minnesota, together with all hereditaments and appurtenances belonging thereto, the real property described on the reverse side of this document. STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) CITY OF EDEN PRAIRIE By __________________________ ___ Jean L. Harris Mayor By ____________________________ __ Carl J. Jullie City Manager The foregoing was acknowledged before me this day of , 1997, by Jean L. Harris and Carl J. Jullie the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. This Instrument was Drafted by: Hennepin County Dept. of Public Works Transit & Real Estate Division 417 N. 5th St., Suite 320 Minneapolis, MN 55401-1362 Notary Public Tax Statements for the real property described in this instrument should be sent to: Hennepin County Dept. of Public Works Transit & Real Estate Division 417 N. 5th St., Suite 320 Minneapolis, MN 55401-1362 QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $EXEMPT Date: ________ , 1997. FOR VALUABLE CONSIDERATION, City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to the COUNTY OF HENNEPIN, Grantee, a body politic and corporate under the laws of the State of Minnesota, together with all hereditaments and appurtenances belonging thereto, the real property described on the reverse side of this document. STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) CITY OF EDEN PRAIRIE By _________________________ __ Jean L. Harris Mayor By ______ ~-------------------- Carl J. JuJlie City Manager The foregoing was acknowledged before me this day of , 1997, by Jean L. Harris and Carl J. Jullie the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. This Instrument was Drafted by: Hennepin County Dept. of Public Works Transit & Real Estate Division 417 N. 5th St., Suite 320 Minneapolis, MN 55401-1362 L{ Notary Public Tax Statements for the real property described in this instrument should be sent to: Hennepin County Dept. of Public Works Transit & Real Estate Division 417 N. 5th St., Suite 320 Minneapolis, MN 55401-1362 ~/-901&'-1 ~ QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $EXEMPT Date: ________ ,1997. FOR VALUABLE CONSIDERATION, City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to the COUNTY OF HENNEPIN, Grantee, a body politic and corporate under the laws of the State of Minnesota, together with all hereditaments and appurtenances belonging thereto, the real property described on the reverse side of this document. STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) CITY OF EDEN PRAIRIE By __________________________ ___ Jean L. Harris Mayor By __________________________ __ Carl J. Jullie City Manager The foregoing was acknowledged before me this day of , 1997, by Jean L. Harris and Carl J. Jullie the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. This Instrument was Drafted by: Hennepin County Dept. of Public Works Transit & Real Estate Division 417 N. 5 th St., Suite 320 Minneapolis, MN 55401-1362 Notary Public T ax Statements for the real property described in this instrument should be sent to: Hennepin County Dept. of Public Works Transit & Real Estate Division 417 N. 5 th St., Suite 320 Minneapolis, MN 55401-1362 /, \ ' q-90/~-97 QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $EXEMPT Date: ________ , 1997. FOR VALUABLE CONSIDERATION, City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to the COUNTY OF HENNEPIN, Grantee, a body politic and corporate under the laws of the State of Minnesota, together with all hereditaments and appurtenances belonging thereto, the real property described on the reverse side of this document. STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) CITY OF EDEN PRAIRIE By __________________________ __ Jean L. Harris Mayor By ______ ~-------------------- Carl J. Jullie City Manager The foregoing was acknowledged before me this day of , 1997, by Jean L. Harris and Carl J. Jullie the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. This Instrument was Drafted by: Hennepin County Dept. of Public Works Transit & Real Estate Division 417 N. 5th St., Suite 320 Minneapolis, MN 55401-1362 Notary Public Tax Statements for the real property described in this instrument should be sent to: Hennepin County Dept. of Public Works Transit & Real Estate Division 417 N. 5th St., Suite 320 Minneapolis, MN 55401-1362 CITY COUNCIL AGENDA Date: 10107/97 Section: Consent Calender Department: Item Description: Item No.: Annual Monitoring -Bearpath IVP Public Works Development Requested Action Authorize an informal agreement with Summit Envirosolutions, Inc. for the 1997 bog monitoring program at the Bearpath Golf and Country Club. Funding for the monitoring program would come from the stormwater utility fund. The total estimated cost is $5,851. The monitoring program for 1997 would include: • Water quality sampling • Locating & Remarking of Water Quality Sampling Locations and Vegetation Transects The vegetation transect monitoring will not be conducted in 1997. The U. S. Army Corps of Engineers has stated that the vegetation monitoring by the City can begin in 1998. Background The bog monitoring activities at Bearpath began in 1992, with a vegetation survey by the U.S. Army Corps of Engineers (COE). A long-term sampling and monitoring plan for the three existing bogs was developed as a special condition of the COE permit number 91-30137-IP-JJY issued on September 10, 1993. Water quality sampling began in 1993. The monitoring program was developed to assess potential changes in the bog ecosystems during both the construction phase of the project and after completion of the golf and country club. The program included assessment of the water quality and vegetation at the three bogs. The sampling program was designed to monitor changes at the most sensitive areas of each wetland basin. Construction continues along the perimeter of the large bog. Sienna Corporation was responsible for the program through 1995. The City of Eden Prairie began coordinating the sampling program in 1996, in accordance with the COE permit guidelines. The COE has stated that water quality sampling shall continue on an annual basis for at least 2 additional years. The COE will evaluate the data at this time and determine if the water quality sampling can be reduced to once every other year. Vegetation sampling will need to continue every other year indefinitely. The COE has expressed a willingness to reconsider the frequency of the vegetation sampling only when the sampling results have stabilized and no changes in water quality or vegetative diversity are identified. Attachments Proposed Scope of Services and Cost Estimate, Bog Monitoring Program for Bearpath Golf and Country Club, Summit Envirosolutions, dated July 23, 1997. I July 23, 1997 Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55435 ~~ ~~ Summit ~--... Envirosolutions ~---------~ Subject: Proposed Scope of Services and Cost Estimate Bog Monitoring Program Bearpath Golf and Country Club Eden Prairie, Minnesota Dear Leslie: Summit Envirosolutions®, Inc. (Summit) has prepared the following proposal to complete tasks associated with the ongoing Bog Monitoring Program at the Bearpath Golf and Country Club. We understand that the City of Eden Prairie has assumed primary responsibility for further implementation of the established Bog Monitoring Program. Tasks that are presented in this proposal include locating and remarking water quality sampling and vegetative transect locations, completion of water quality sampling for 1997, and completing a vegetation survey event. The proposed water quality monitoring and vegetation survey activities are designed to be consistent with prior water quality sampling events (1993, 1994, 1995, and 1996) and vegetation survey events (1992 and 1994). The proposed water quality sampling activities include field analysis of key water quality parameters at bog wetland basins Y, F, and 0 (Figure 1). The tasks we propose to complete in 1997 are described below. SCOPE OF SERVICES Locating and Remarking Activities During the 1996 field activities, permanent stakes marking water quality sampling locations and vegetation transects were hard to locate due to missing identification flags or deterioration of the marker flags. Summit personnel will relocate these locations and replace the deteriorated or missing markers with new ones that are weather resistant. Water quality sampling locations at the interior of bog wetland basins Y, F, and 0 were prepared during the 1994 baseline monitoring event by cutting out a one-foot diameter by one-foot deep 2 10201 Wayzata Boulevard· Suite #100' Minneapolis. MN 55305' Phone (612) 595-8888' Fax (612) 595-0888 Offices Strategically Located Nationwide Ms. Leslie Stovring Bog Monitoring Program -1997 July 23, 1997 Page 2 section of the sphagnum mat and lining the hole with wire-mesh cloth. These installations have deteriorated and become overgrown since 1994. The interior surface sampling locations will be prepared and allowed to equilibrate for a minimum of one week before the water quality sampling event. Water Quality Sampling The three bogs will be sampled at similar locations chosen for the Baseline Sampling and the Bog Monitoring Program. Two water samples will be collected at each sampling location in the interior of the bogs. These samples will be collected at the surface of the sphagnum mat and between the floating sphagnum mat and the soil/sediment interface (Figure 2) as follows: • Surface water samples (Zone A) -Surface water samples will be collected within the upper 1.5 feet of the bog mat surface. These samples will be analyzed in the field for pH, conductivity, and temperature. Samples will be collected for the analysis of nitrate-nitrogen, soluble reactive phosphorus, and total phosphorus. For safety reasons, two people will be sent out onto the bog mat for each sampling event; and • Water samples from underneath the sphagnum mat (Zone C) -The underside of the floating mat will be located and samples will be collected for the field analysis of pH, conductivity, and temperature. Samples will be collected for the analysis of nitrate-nitrogen soluble reactive phosphorus, and total phosphorus. In addition to collecting the water samples at Zones A and C, surface water samples will be collected at the perimeter of each bog. The approximate sampling locations are depicted on Figure 1 and are intended to provide representative samples for the north, south, east, and west drainage areas of each bog. The perimeter water samples will be analyzed for pH, conductivity, temperature, nitrate-nitrogen, soluble reactive phosphorus, total phosphorus, and chloride. Surface water elevations at each of the bogs will be recorded and referenced to the fixed staff gauges that were installed at each bog during the 1994 monitoring activities. Surface water elevations will be recorded and monitored to detect significant changes in water elevations. Vegetation Transect Monitoring Summit will complete a follow-up vegetation survey to the first survey reported by the St. Paul District -Corps of Engineers, 1992, and the survey completed by Summit in 1994. The primary goal of the vegetative surveys is to provide data to document the current plant species present in the bog wetland basins and allow for future assessments that may indicate potential changes in the watershed or impacts to the plant communities resulting from construction and hmd use changes. Bog wetland basins Y, F, and 0 contain permanent marker stakes that were installed into the bog mats during the 1994 vegetative survey activities. Five transects are staked in bog Y, three Ms. Leslie Stovring Bog Monitoring Program -1997 July 23, 1997 Page 3 transects are staked in Bog F, and four transects are staked in bog 0 (Figure 3). The current vegetation monitoring portion of the Bog Monitoring Program includes monitoring of three strata or layers of vegetation including surface, herbaceou~, and tree/shrub. Generation of 'the survey transects was completed using a random selection process outlined in Summit's 1994 Annual Bog Monitoring Program report (February 20, 1995). The vegetative survey will utilize a multiple assessment methodology consisting of the line- intercept method for tree and shrub vegetation and one-meter square plots for surface vegetation. Field forms used for documentation are included in the appendix. Plant species will be identified in the field with the aid of manuals and keys, when practical. Species that are not easily identified will be labeled, placed in sealed bags, and identified with reference species on file at the University of Minnesota Herbarium. FIELD METHODS Collection of Surface Water Samples Samples will be collected by submerging a laboratory pre-cleaned bottle to the bottom of the hole, opening the cap, inverting the sample bottle and allowing the sample bottle to fill, and capping the bottle at the surface. The sample bottle will be sealed and labeled for transport and analysis. Collection o( Subsurface Water Samples Subsurface water samples will be collected by driving a well screen into the bog mat hole left by previous site sampling. The screen is driven to the sediment/water interface and allowed to equilibrate after purging an approximate volume of two to five liters of water. Samples will be collected for chemical analysis by pouring the water sample into a laboratory cleaned sample container which is sealed and labeled for transport and analysis. Analytical Method (Nitrate-Nitrogen) Nitrate'-nitrogen is analyzed using a Hach Model 43800-00 voltmeter equipped with a Model 44430 nitrate-ion selective electrode. The electrode is calibrated with certified nitrate standards of 10 and 100 milligrams per liter (parts per million) daily. Ms. Leslie Stovring Bog Monitoring Program -1997 July 23, 1997 Page 4 Analytical Method (Soluble Reactive Phosphorus) Soluble reactive phosphorus (orthophosphate) is analyzed using a modified EPA method (ascorbic acid method). Results are reported as milligrams per liter (parts per million) orthophosphorus (P04). Approximately 20 percent blank samples and certified standard solutions are analyzed for quality assurance/quality control. Analytical Method (Hydrogen Ion:" pH) Hydrogen ion -pH will be measured in the field using a Hach Model 43800-00 voltmeter equipped with a combination pH electrode. The electrode is calibrated with certified buffer solutions of 4.00 and 7.00 standard units daily. Analytical'Method (Specific Conductance) Specific conductance will be measured using EPA Method 120.1 The instrument and electrode will be calibrated with certified NIST potassium chloride standards daily. Sample Documentation Sample documentation and sampling information records will be kept for the samples collected and analyzed. Field information is recorded in a field notebook that is maintained for the project. The sampling documentation will be kept in the field file and transferred to the Summit project manager for inclusion in the project file. COST ESTIMATE AND SCHEDULE The following cost estimate is based on field analysis of water samples in bogs Y, F, and 0 at locations consistent with the 1994 Baseline Monitoring Program. The scope of work listed in this proposal will be performed in accordance with the following cost estimate and attached General Conditions that are considered to be a part of this proposal. Ms. Leslie Stovring Bog Monitoring Program -1997 July 23, 1997 Page 5 Cost Estimate: Locating and Remarking Activities Project Management and Field Preparation Field Work Sub-Total 1997 Water Quality Sampling Project Management and Field Preparation Field Work Data Analysis, and Report Preparation Sub-Total Subcontracted Laboratory Analytical Chemistry Chloride Ion 23 samples @. $ 12/sample Total Phosphorus 16 samples @ $16/sample Soluble Reactive Phosphorus 16 samples @ $17/sample Sub-Total 1997 Vegetation Survey Project Management and Field Preparation Field Work Data Analysis, and Report Preparation Sub-Total Total $ 175 $ 1.400 $ 1,575 $ 552 $ 1,780 $ 1.140 $ 3,472 $ 276 $ 256 $ 272 $ 804 $ 560 $ 5,450 $ 3,340 $ 9,350 $ 15,201 Summit estimates the costs associated with the above workplan to be $15,201. The above cost estimate assumes that water quality parameters (pH, conductivity, temperature, and nitrate- nitrogen) will be analyzed and recorded in the field using laboratory quality field instruments. Chloride, total phosphorus, and soluble reactive phosphorus will be submitted for analysis at an independent laboratory. Summit will not exceed the above cost estimate based on the enclosed work scope without authorization from you. Field work for this portion of the Bog Monitoring Program is scheduled to be performed in the summer and fall of 1997 upon receipt of written authorization. Ms. Leslie Stovring Bog Monitoring Program -1997 July 23, 1997 Page 6 If this proposal meets with your satisfaction, please sign both copies and return one copy for our files. If you have questions regarding this proposal, please contact our office. We look forward to working with you on this project. Sincerely, Summit Envirosolutions@, Inc. ior Environmental ChemistiProject Manager Dawn R. Tracy, Ph. Professional Wetland cientist # 000315 JTH/jth ACCEPTANCE: Client: ____ ..::C;;.::it.:;.Jy~o~f~E::::;d::;e:;:n.:..P:..:.::ra::::i.:..:ri:..::e Signature: __________ _ Date: ____________ _ 7 SUMMIT ENVIROSOLUTIONS@, INC. GENERAL CONDITIONS FOR NATURAL & CULTURAL RESOURCE SERVICES SEcrION 1: PROJECT INFORMATION 1.1 Client will provide to Summit Envirosolutions@, Inc. (Summit) all known information regarding existing and proposed conditions of the site or which affects the work to be performed by Summit. Such information shall include, but not be limited to, site plans, surveys, known hazardous waste or conditions, previous laboratory analysis results, written reports, soil boring logs and applicable regulatory site response (Project Information). 1.2 Client will immediately transmit to Summit any additions, updates, or revisions to the Project Information as it becomes available to Client, its subcontractors or consultants. 1.3 Client will provide an on-site representative to Summit within 24 hours upon request, to aid, define, supervise, or coordinate work or Project Information as directed by Summit. 1.4 Summit will not be liable for any decision, conclusion, recommendation, judgment or advice based on any inaccurate information furnished by Client, or other subcontractors or consultants engaged by or for Client, and Client will indemnify Summit against liability arising out of or contributed to by such inaccurate information. SECTION 2: SITE LOCATION, ACCESS, PERMITS, APPROVALS AND UTILITIES 2.1 Client will indicate to Summit the property lines of the site and assume responsibility for accuracy of markers. 2.2 Client will provide for right-of-entry for Summit personnel and equipment necessary to perform the work. 2.3 Client will be solely responsible for applying for and obtaining permits and approvals necessary for Summit to perform the work. Summit will assist Client in applying for and obtaining such permits and approvals as needed. It is understood that Client authorizes Summit to act as agent for Client for Client's responsibilities under this section including signing certain forms on Clients behalf such as Right-of-Entry forms, however. Client acknowledges that Summit bears no responsibility or liability for acting on Clients behalf. 2.4 While Summit will take reasonable precautions to minimize any damage to property, it is understood by Client that in the normal course of the work some damage may occur. The correction of any damage is the responsibility of Client, or. at Client's direction. the damage may be corrected by Summit and billed to Client at cost plus 10%. 2.5 Client agrees to render reasonable assistance requested by Summit to enable performance of work without delay or interference. and. upon request of Summit. to provide a suitable workplace. In extreme instances. work may be terminated by Summit if unacceptable access, conditions. or interferences exist. 2.6 Summit will take reasonable precautions to avoid damage or injury to subterranean structures and utilities identified and located by Client andlor representatives of Utility Companies. Summit or Summit' subcontractors will contact recognized utility locator, and Client is responsible for identifying and locating any other subterranean structures or utilities that utility locator does not have knowledge of. SECTION 3: SAMPLES 3.1 Summit may retain at its facility selected soil, water, or material samples for a maximum of 30 days after completion of the work and submission of Summit's report. which samples shall remain the property of Client. Unless otherwise directed by the Client, Summit may dispose of any samples after 30 days. 3.2 Disposal of contaminated. hazardous. or waste samples is the responsibility of Client. After said 30 days. Client will be responsible to select and arrange for lawful disposal procedures that include removal of samples from Summit' custody and transporting them to a disposal site. Client may request. or if Client does not arrange for disposal. Summit may deliver samples to Client, freight collect, or arrange for lawful disposal and bill Client at cost plus 10%. SECTION 4: FEEPAYMENT 4.1 Summit will submit invoices to Client monthly. and a final invoice upon completion of work. Invoices will show charges based on the current Summit Fee Schedule or other documents. 4.2 The balance stated on the invoice shall be deemed correct unless Client notifies Summit. in writing. of the particular item that is alleged to be incorrect within ten (10) days from the invoice date. Summit will review the alleged incorrect item within ten (10) days and either submit a corrected invoice. or a statement indicating the original amount is correct. 4.3 Payment is due upon receipt of invoice and is past due thirty (30) days from invoice date. On past due accounts greater than ninety (90) days, Client will pay a finance charge of 1.5% per month on the unpaid balance. or the maximum allowed by law, whichever is less, until invoice is fully paid. 4.4 If Client fails to pay Summit within one hundred twenty (120) days following invoice date, Summit may deem the default a breach of its agreement. terminate the agreement. and be relieved of any and all duties under the agreement. Client however, will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 4.5 Client will be solely responsible for applying for and obtaining any applicable compensation fund reimbursements from various state and federal programs. Summit may assist Client in applying for or meeting notification requirements. however, Summit makes no representations or guarantees as to what fund reimbursements Client may receive. Summit shall not be liable for any reductions from reimbursement programs made for any reason by state or federal agencies. 4.6 Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions and gives you timely notice under applicable state law. SECTION 5: OWNERSHIP OF DOCUMENTS 5.1 Summit will deliver to Client certain reports as instruments of the professional work or services performed pursuant to this Agreement. All reports are intended solely for Client, and Summit will not be liable for any interpretations made by others. All field data, notes, laboratory test data. preliminary reports. calculations and other instruments of professional service will remain the property of Summit. 5.2 Client agrees that all reports and other work furnished to Client, or Client's agents or representatives. which are not paid for, will be returned to Summit upon demand and will not be used by Client for any purpose. 5.3 Unless otherwise agreed, Summit will retain all pertinent records or reports concerning work and services performed for a period of at least two (2) years after report is submitted. During that time the records will be made available to Client during Summit' normal business hours. 5.4 Client may use the Summit report in its entirety and may make copies of the entire report available to others. However, Client shall not make disclosure to others of any portions or excerpts of a report constituting less than the entire report, or to mislead others by omitting certain aspects contained in the report. gencona.doc C 106a-9702 5.5 Summit will consider Project Information as confidential and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, except as and to the extent Summit may, in its sole discretion, deem itself required by law to disclose. SECTION 6: DISPUTES 6.1 Client will pay all reasonable litigation or collection expenses including attorney fees that Summit incurs in collecting any delinquent amount Client owes under this agreement. 6.2 If Client or a third party institutes a suit against Summit, which is dismissed, dropped, or for which judgment is rendered for Summit, Client will pay Summit for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 7: STANDARD OF CARE 7.1 Because no sampling program can prove the non-existence or non- presence of contaminated conditions or materials throughout the "entire" site or facility, Summit cannot warrant, represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of contaminated conditions or materials, and Client's obligations under this agreement will not be contingent upon Summit' delivery of any warranties, representations, guarantees, or certifications. 7.2 Summit' opinions, conclusions, recommendations, and report will be prepared in accordance with the proposal, scope of work, and Limitations of Environmental Assessments and no warranties, representations, guarantees, or certifications will be made. 7.3 Although data obtained from general observations or discrete sample locations will be used to infer conditions between overall areas or sample locations, no guarantee may be given that the inferred conditions exist because plant, animal, soil, surface, and groundwater quality conditions between general observations or sample locations may vary significantly, and because conditions at the time of general observations or sample collection may also vary significantly with respect to plant, animal, soil, surface, and groundwater quality at any other given time and for other reasons beyond Summit' control. 7.4 Summit will not be responsible or liable for the interpretation of its data or report by others. 7.5 Summit will not be responsible or liable for the exclusion of any threatened, endangered or sensitive plants as identified by state or federal authorities in or adjacent to the site or right-of-way as reported in survey results and mitigation plans. Summit and Client acknowledge that the taxonomic characteristics inherent in a particular species are usually identifiable only during the reproductive cycle. Surveys conducted before or after that time may be insufficient to identify flora to the level required by certain regulatory agencies. 7.6 Summit will not be responsible or liable for the exclusion of any threatened or endangered animal as identified by state or federal authorities in or adjacent to the site or right-of-way as reported in survey results and mitigation plans. Summit and Client acknowledge the transitory behavior of animals and birds which precludes an absolute population count of and identification of species inhabitation on or adjacent to the site or right-of-way during any time of the year. SECTIONS: LIMITATION OF LIABILITY AND INDEMNIFICATION 8.1 Client agrees, to the fullest extent permitted by state law, to indemnify, defend, and hold harmless Summit from and against any and all claims, liabilities, losses, damages, costs, or expenses including, without limitation, reasonable attorney's fees, awards, fines, or judgments arising out of or related to any or all of the following: (I) Inaccurate, insufficient, or omitted information provided to Summit by Client or others as Project Information and any actions, advice, decision, or judgment made or recommended by Summit in full or partial reliance thereon; (2) Injury to persons, personal property, real property, the $ite or utilities, whether caused by an act or omission of Summit or Client. 8.2 Summit's liability to the Client and all persons. subcontractors or consultants claiming through the Client for damages, to which the indemnification set forth above does not apply, is not permitted by state law, or arises out of the breach of any other obligation to Client or others, will be limited to an amount not to exceed the fee paid for work performed under this agreement. Nothing herein will be deemed to be a waiver of any statutory limitation of liability or any specific liability set out in this agreement. SECTION 9: INSURANCE 9.1 Summit will carry workers compensation insurance and public liability and property insurance as Summit deems adequate. Certificates of insurance will be provided to Client upon request. Summit will not be responsible for liability for items not covered by such policies, or liability beyond the limits and conditions stated therein. 9.2 Summit will not be responsible for any loss or liability arising from action or negligence by Client or by other subcontractors or consultants employed by Client or employed for work on Client's projects. SECTION 10: TERMINATION 10.1 The agreement between Summit and Client may be terminated by either party upon thirty (30) days written notice if there is substantial failure by the other party to perform. Termination will not be effective if substantial failure is remedied before expiration of the thirty (30) days. 10.2 If the agreement is terminated prior to completion of report, Summit may complete analysis, records and work, in order to issue a progress report on all work performed. 10.3 Upon termination, Summit will be paid for services, plus termination expenses, which include fees for completing the analysis, records, work and progress report. SECTION 11: ASSIGNMENT 11.1 Neither party may assign duties, rights or interests not normally done in the performance of the work, without obtaining the prior written consent of the other party, which consent will not be unreasonably withheld. 11.2 Client will not use a former employee of Summit for work or services for a period of at least two (2) years either during or after completion by Summit of its work, without Summit's express written consent. SECTION 12: DELAYS 12.1 If Summit is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of Client, the time for performance shall be extended by a period of time lost by reason of the delay. Summit will be entitled to payment for its reasonable additional charges, if any, due to the delay. SECTION 13: AMENDMENTS 13.1 This Agreement contains the entire understanding between the Client and Summit and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between Client and Summit relating to the subject matter of this Agreement which are not fully expressed herein. 13.2 The agreement between Summit and Client may be modified only by a written amendment executed by both Client and Summit. gencona.doc CI06a-9702 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10/07/97 SECTION: Consent Calendar ITEM NO.7JJ.O DEPARTMENT: ITEM DESCRIPTION: Facilities Management Liquor Store -Change Order #6 Barbara Cross RECOMMENDATION: Staff recommends approval of change order #6 in the amount of $4479.72. This change order will increase the liquor store construction contract to the new total of$I,305,557.11. BACKGROUND: Change Order #6 includes the final items to complete the 7,100 square feet leased by Hollywood Video. These items are listed in detail on the following page and were not included in the original contract. The City let the contract for construction of the building before the tenant space was leased. Money was set aside for additional items and conditions negotiated in the tenant lease. The building is substantially complete with only the final paperwork and punch list items to be completed. FINANCIAL CONSIDERATIONS: Improvements will be funded with proceeds from the liquor store operations. Change orders for the Hollywood Video build out total $37,811.72. The money set aside for build out in the original budget more than covers the amount of the change orders. I CHANGE ORDER AlA DOCUMENT G701 Distribution to; OWNER 0 ARCHITECT 0 CONTRACTOR 0 FIELD 0 OTHER 0 CHANGE ORDER NUMBER: f.p INITIATION DATE: fJ5 ~~ 1'fl1 ARCHITECT'S PROJECT NO: 0++1 CONTRACT FOR: MUHI&I~ IA~ra ~ ,44-W ~ t;(1a CONTRACT DATE: 1.-1 ~ ~ 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) ~Fil .. reee "'o\a!liFAI!tAl CQ~ was ........................... $ Net change by previously authorized Change Orders ................................... $ The (Contract Sum) (CWiiFiiAtees .... 4alfimum bestl--prior to this Change Order was .......... $ The (Contract Sum) ~t:1al'&tlteed-MaX+IiiOIil €o,tr will be (increased) -+dlilOr9a~ee) -+tI"sh8"8ecil by this Change Order ......................................................... $ The new (Contract Sum) ~~,,",raAffiee MaltiR'ltll'ft E03~ including this Change Order will be . .. $ The Contract Time will be ~iR€rea3t!tll -Weer8Met!i) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: I, 'l.1.1 ,10&', t't' :11tm/~ ll~jtIT1,~ IIt~;n 1,~~,)1 ( 0 ) Days. 2. JUl;( t1fl OITt (If my rFAl~!6 BY ______________________ _ DATE 2- AlA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • AlA" • @ 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE .• N.w .. WASHINGTON, D.C. 20006 BY DATE G701-1978 Michael J. Wilkus Jeffrey M. Rapp Architects, In.c~ 11487 Valley View Road . Eden Prairie, Minnesota 55344 612.941.8660 612.941.2755 fax wUkusarchitects@usinternet.com Eden Prairie.Municipal Development Eden Prairie, MN Change Order No.: 6 15 September .1997 . Description Item No.1: ADD labor and materials to repair damage . caused by Retail Construction Services work at tenant space. Item No.2: ADD testing for soil compaction at tenant space. Item No.3: ADD labor and materials to furnish and install 3/4" linefor water meter at tenant space. TOTAL Change Order No.6 w:\jobs\epliquor\co#6.wpd $2,846.00 $ 958.00 $ 675.72 $4,479.72 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10/01Y7R SECTION: Consent Calendar ITEM NO. . . DEPARTMENT: ITEM DESCRIPTION: Facilities Management Liquor Store -Change Order #7 Barbara Cross RECOMMENDATION: Staff recommends approval of change order #7 which reduces the amount of the contract by $86.60. The new total for the construction of the liquor store is $1,305,470.51. BACKGROUND: Change order #7 covers several cleanup items from the contract. Sprinkler heads along the west side of the building were being damaged due to delivery trucks rolling over the curb. Truck drivers are being instructed to use the south entrance when making deliveries, but to alleviate an ongoing maintenance problem, the irrigation lines were moved away from the back of curb. A canvas canopy was originally planned to cover the entrance monument. The architect recommended the canopy be eliminated due to safety concerns over ice and snow accumulation. One change order is still expected and will include additional storm sewer work and site restoration related to the Super 8 Hotel. FINANCIAL CONSIDERATIONS: The money for the additional improvements will be funded with proceeds from the liquor store operations. The project is still within the anticipated budget amount. I CHANGE ORDER AlA DOCUMENT G701 Distribution to: OWNER 0 ARCHITECT 0 CONTRACTOR 0 FIELD 0 OTHER 0 PROJECT: et?e~ ntt<It(1E: Mof.t\C.lfA\, ~UfMeHf CHANGE ORDER NUMBER: 1 (name, address) = ~~~ ~+ INITIATION DATE: t?~~"" TO (Contractor): ARCHITECT'S PROJECT NO: 0+1'1 IHU~~~~~I l~1oB Urnt ~ ~ CONTRACT FOR: tt\U"Uvt~ l.,l~~ ~ ffW T~ t;(fCe ~la> Ln."fJam\J~ ~I ~ CONTRACT DATE: '1..1 xroet% rtVP 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) (CwarilRteBB ~4illli"'nl'" ~8Stl was .... , ...................... $ Net change by previously authorized Change Orders ................................... $ The (Contract Sum) fGoa'IIRtilil8-A4alliR'ltllM Eelst) prior to this Change Order was .......... $ The (Contract Sum) (Cl!lil,al"l~eS h'aueimtllM E8~will be (iRerea,~ (decreased) ~AeRilR8i1~ by this Change Order ......................................................... $ The new (Contract Sum) ~6l!1aiatiteed "'axhlia .. , Cest) including this Change Order will be .,. $ The Contract Time will be .4iRiirea3e.J~ ~ee,ellJed~ (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: OITt I2f ~H rFAlr;re Address eV!;iJ fAAI~teJ MH 22$+t BV ________ . ______________ _ BV ___ _ DATE : DATE AlA DOCUMENT G701 • CHANGE ORDER • APR'l 1978 EDITION • AlA" • ® 1978 ? THE AMERlrAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.w., WASHINGTON, D.C. 20006 Y G701-1978 Michael J. Wilkus Je.ffrey M. Rapp Architects, Inc. 1.1487 Valley View Roacj Eden Prairie, Minnesota 55344 612.941.8660 612.941.2755 fax wilkusarchitects@usinternetcom Eden Prairie Municipal Development Eden Prairie, MN Change Order No.: 7 15 September 1997 . Description Item No.1: ADD labor and materials to move sprinkler heads (irrigation spray valves) on West side of building away from curb. Item No.2: DELETE fabric canopy at entrance sculpture TOTAL Change Order No.7 w:~Qbs\epliquor\co#7 .wpd $469.00 ($555.60) ($86.60) CITY COUNCIL AGENDA DATE: SECTION: Appointments October 7, 1997 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Human Resources, Adoption of Vision and Value Community Information & Statement IV. S. Services, Natalie Swaggert Recommended Action Adopt the new Vision Statement and Value Statements. Background At the City Council Workshop help on Tuesday, September 30,1997) Councilmembers finalized the City's Vision statement. The Vision Statement is now being combined with the Value Statements adopted by the Council earlier this year on June 17, 1997. The adopted Vision and Value Statements will be communicated to staff, Board and Commission members and an official copy placed in a public area at the City Center. h:hr\council\97info\97a-visn. wpd\bmm J City of Eden Prairie VISION Eden Prairie is a vibrant city characterized by the thoughtful integration of natural beauty with physical development. Respect for the past, planning for the future and delivery of public services contributes to a strong sense of community where people live, work, shop, and play. VALUES • We will actively seek information through an open process, and make decisions only after careful consideration. • We will balance competing needs/interests within the framework of community resources. • We will make decisions that are fiscally sound and sustainable. • 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. Adopted by the Eden Prairie City Council this 7 h day of October, 1997. IL [j ~~ ~ 1~~~================================~lr Rev 9/91 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10-7-97 SECTION: PUBLIC HEARINGS ITEM NO. \j~A, DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEST BUY CAMPUS CONCEPT PLAN -1997 Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Adopt the Resolution for PUD Concept Amendment on 47.45 acres; 3. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: The Planning Commission has reviewed three revised Concept plans to reduce the amount of alteration to the existing 7.45 acres of wetlands on site. The original proposal was for development of a future 100,000 square foot office building, 990 parking spaces, and 4.93 acres of wetland alteration. The plan before the Council shows a future building of70,000 square feet, and a total of 1.39 acres of wetland alteration. The total number of parking spaces has been slightly reduced and now include parking under the future building. The tennis court and ball field have been retained. Best Buy has received a permit from the U.S. Army Corp of Engineers for the original 4.93 acres of proposed alteration. The Watershed District will be reviewing the proposal in mid-October. While the traffic analysis provided for this project indicates less trip generation than what would be expected under the current industrial guiding for the property, there is a growing concern by the City Council about the amount of traffic being added to an already crowded system. Best Buy is continuing to explore ways to incorporated TDM efforts to reduce peak hour trip generation. The following steps are being taken by Best Buy: • Southwest Metro Transit(SMTC) will be holding a transportation expo at the Best Buy headquarters to introduce various transportation alternatives. • A transportation coordinator has been designated within Best Buy to coordinate TDM efforts, including analyzing their work force's transportation patterns, etc. • Best Buy will work with SMTC to see if shuttle bus service can be provided directly to the employee entrance. • Continued efforts will be made to increase car pooling. • Staggered work hours will be reviewed. The Council approved the Phase 2 parking area at its September 2nd meeting since it did not affect wetlands or significant trees. The proponent will be requesting early issuance of a grading permit for the Phase 3 parking. I Planning Commission Recommendation: The Planning Commission unanimously recommended approval at its September 22, 1997 meeting. Parks, Recreation, and Natural Resources Commission Recommendation: The Parks, Recreation, and Natural Resources Commission will be reviewing the proposal at its October 6, 1997 meeting. Supporting Reports: 1. Resolution for PUD Concept Amendment 2. Planning Commission Minutes dated 8/11197, 9/8/97, 9/22/97 3. City Council Minutes dated 9/2/97 4. Staff Reports dated 8-8-97, 9-5-97, 9-19-97 2 BEST BUY CAMPUS CONCEPT PLAN -1997 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF BEST BUY CAMPUS CONCEPT PLAN -1997 FOR BEST BUY WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept Amendment of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Best Buy Campus Concept Plan -1997 PUD Concept by Best Buy and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on October 7, 1997; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Best Buy Campus Concept Plan -1997, being in Hennepin County, Minnesota,legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated September 18, 1997. 3. That the PUD Concept meets the recommendations of the Planning Commission dated September 22, 1997. ADOPTED by the City Council of the City of Eden Prairie this 7th day of October, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk Eden Prairie Planning Commission August 11, 1997 B. BEST BUY CAMPUS CONCEPT PLAN -1997 by Best Buy. Request PUD Concept Amendment on 47.45 acres, PUD District Review on 3.5 acres, Zoning District Change from Rural to 1-2 on 3.5 acres, Site Plan Review on 3.5 acres, Preliminary Plat of 47.45 acres into 1 lot and road right-of-way. Location: 7075 Flying Cloud Drive. Dave Clark, architect, explained Best Buy's need to expand and noted since 1994 there has been about a 21 percent growth of employees per year in the company. They have already maximized the building by adding a second floor to create new floor space. Some departments have been moved off-site but the key groups must be together and must be on the site. There is an area on the existing site to expand but that would remove many 30 plus inch oaks to create parking which is not a reasonable option. They also considered replacing the existing ballfield area that the employees use, but that also was not a reasonable option since they utilize it extensively. Best Buy has decided to purchase the site next door for parking as opposed to getting rid of amenities on the existing site. He reviewed the proposed concept plan noting there is only one possible location on the site that will support a building. There are two types of wetland on the site, Type 2 and Type 3 wetlands. Type 2 wetlands are one of the least robust wetlands with primarily tall trees with no standing water in a small area. Type 3 wetlands hold some water for a short period of time sometime during the year. There is no flow through the wetlands on the site. They are not part of a creek system and not part of a drainage system that flows through the site. This piece of property is completely isolated from the remainder of the wetlands in the area. The plan is to create additional parking and plan for a future 100,000 sq. ft. office building. This will include new landscaping and will centralize the wetlands area to the middle of the site and focus the site inwards upon that. The existing Best Buy site is about a 45 percent landscaped open space and they want to focus the remaining wetland area in the middle of the site and bring everything towards it. One of the adjacent land owners was concerned about the water flow that currently goes through his site being interrupted. This will not happen because of the collection system they will design. There are four acres that need mitigation and they are willing to mitigate at a ratio of 4: 1 instead of 2: 1 as required by Code. They have already identified the property and made purchase of it contingent upon approval of the City. The proposed site has already been reviewed by the Corp. of Engineers and several other State agencies, and it's been reviewed and accepted. 3 Eden Prairie Planning Commission August 11, 1997 Alexander was concerned about the parking being sloped down toward the wetlands because of winter salt and motor oils running down in the wetland. Clark said water that comes off the roadways and the parking area will all be collected into a NURP pond and treated. Foote inquired about the discussions Best Buy had with City staff prior to the purchase of the property. Clark replied he was not involved in that but representatives of Best Buy were. Before Best Buy bought the property, they thought they should come and talk to staff to see what sort of obstacles there might be in terms of developing that site. There were no promises made but no serious objections were made either. Clark stated that additional traffic will be generated by this proposal. There are currently 1300 employees with upwards of a 1000 more people in the next six or seven years. In the last few years Best Buy has developed car pooling programs to try to decrease the amount of single occupancy vehicles. The problem is Best Buy is competing for high tech employees in a lot of cases and it's very difficult to convince them to not drive in their own car. As a result of discussions with staff from Southwest Metro Transit, they need to communicate the various programs offered. Best Buy now has a car pooling system where they encourage people to do it and they get the number one choice of stalls near the front door of the employee entry. Wissner asked what the usual hours of work are for the employees. Clark replied it's between 7:30-8:30 a.m. to 4:30-5:30 p.m. Wissner commented there are only 28 registered car pools and was concerned this site is just a mass of parking. Foote suggested a width of 8.5 feet for parking instead of 9 feet like they do at the mall. Clark said he wasn't aware the City was flexible with the size so it's an option for them. Ismail asked if there were any other options for Best Buy's expansion to avoid touching the wetlands. Clark said they spent months looking at different ways to do that. The problem is the wetlands are dead center in the middle of the property and it's very difficult to work around it. There is only one location that will support a building and he explained why the other areas are not a possibility. Habicht was concerned about the off-site mitigation. Marshall Braymond, environmental specialist, explained he has been working on the wetland delineation and suggested the mitigation site they have selected for placing of this wetland. They have worked with all the resource agencies trying to identify a potential site that would be large enough to be able to accommodate the mitigation they are looking at. 4 Eden Prairie Planning Commission August 11, 1997 The site is sensitive to mitigation and to the loss of wetland to the site. Best Buy has proposed, without being asked, to have a 4: 1 replacement ratio rather than the 2: 1 as required by Code. The mitigation site identified is near Winthrop, Minnesota. It is in the same Watershed District but is quite a distance from the site. It is attached to 300 acres of wildlife management area. The site will require some drain tile, some excavation in several different areas, and planting of native prairie grasses. Ismail asked if they have any concerns about the fact that the site was an auto shop salvage yard. Braymond said there was concern about this and they have done exploratory drilling and a level one environmental assessment on the site to find any potential problems on the site. They did not find any contamination on the site. Habicht was concerned if the Planning Commission approved this that there be any further impact to the creek on the south. Clark replied there would be no further impact. Habicht asked if they considered going taller to a third level to reduce the impact to the wetlands. Clark said it's a possibility. Kipp indicated the project could be looked at in two parts, one being the concept amendment to include the 18 acre parcel into the overall PUD. The second half would be, if the Planning Commission is in favor of approving the Phase 2 parking lot that's outside any wetlands to meet their parking needs. The concept plan is for 100,000 square feet of additional office and approximately 990 parking stalls. Also included is rezoning of the Phase 2 parking from Rural to 1-2 on 3.5 acres. The request is also to seek permission to do some surcharging of the Phase 3 parking area. This review is for concept approval only. In order to build a 100,000 square foot office building, they need to return to the Planning Commission with a detailed plan and guided plan change from Industrial to Office. The basic Code issue regarding the building can be met on the site. The critical issue that they are looking at today is the wetland alteration. There are 7.45 acres of wetland on the site and approximately 4.9 would be effected through this concept. He referred the Commission to the chart reflecting previous wetland alterations. Staff has identified some options they can explore to try to reduce that amount of wetland impact. The location is centered and irregular in shape so it's difficult to work any plan. It's been the City's policy to avoid wetlands, if possible, and if that's not possible, to minimize those impacts. The proponent could look at available upland areas to develop first, such as the baseball field and tennis court area. The second option is to reduce the building footprint by increasing building height or 5 Eden prairie Planning Commission Auqust 11, 1997 reducing total building square footage reducing the overall parking needs. Another option would be constructing structured parking for a portion of the development. He noted that Eden Prairie Center was reduced to 8.5 feet stalls which is somewhat of an industry standard in terms of the Southdale and Ridgedale Centers. The City has never granted a parking waiver before and this is the first time. This was more predicated on the fact there's a number of mixed uses there and one trip can accommodate a multitude of separate trips into one stop shopping. There was also a proof-of-parking plan provided which meets Code for 9 foot stalls. The City has approved other parking decks in the past few years, and just recently with United Healthcare. The options in the Staff Report individually or together can reduce the amount of wetland alteration. It's up to the Planning Commission to evaluate what's deemed acceptable as far as wetland alteration. Best Buy has also requested rezoning of Phase 2 parking. They can develop this without any wetland alteration. There is an alternative location for a NURP pond to stay out of any wetland area while this concept plan is evaluated. There will need to be waivers for the parking setback because there are 13 stalls that encroach on the 50 foot setback. The waivers have merit because it effects only 13 stalls out of over 50 parking stalls. It follows an irregular lot line and the average setback is very close to 50. The overall concept plan identified approximately 12 percent tree loss. The Phase 2 parking will not impact any significant trees. The remainder of the concept would impact a total of 372 caliper inches. The concept plan does show replacement for that. They did evaluate traffic for this property based on Best Buy's proposal for 100,000 square feet of office and their existing facility, and against other various scenarios that are within the current guiding of the property. Based on those alternatives which are outlined in the Staff Report, it shows Best Buy's proposal would generate the least amount of traffic on the site both in daily trips and a.m. and p.m. peak hour than what could be expected if the site were developed Industrial. Staff supports the PUD concept for 100,000 square feet of office but is concerned about the amount of wetland impact. The proponent should take a look at alternatives to try to minimize that. If the Planning Commission is comfortable looking at this as a two phase approach, they can elect to approve rezoning of 3.5 acres of parking and the proponent can proceed with that. Ifthey are uncomfortable with the concept plan. staff recommended the proponent take a look at an alternative to minimize the amount of wetland encroachment. 6 7 Eden Prairie Planning Commission August 11, 1997 Sandstad referred to the Carpenter project on the wetland impact chart and asked why there was 4.32 acres of mitigation off site. 4.32 represents a 2: 1 replacement of the wetland fill as required by the Wetlands Act. Sandstad asked if there would be any outstanding natural features that are being preserved on this site at the same time they are filling four acres of wetland. Clark said on the remainder of the site they have some significant natural areas they want to maintain and do not want to touch. Alexander expressed concern about the wildlife loosing their natural habitat and going to another location. Clark said there are geese and mallards on the site using the ballfield. There is an existing retention pond plus the wetlands area, and it does hold water. It's not a huge loss of habitat for those kinds of things. The public hearing was opened. Al Hansen, resident of Eden Prairie, commented he has lived here 30 years and some type of wetland restoration is better than nothing. The suggestion to decrease the parking stalls to 8.5 feet probably would not work because these are executives who are sporting utility vehicles which are bigger vehicles and it would be tight in the parking lot. He hates to see wetlands go but if it's not wetland like over by where Flagship is, than the City should support some alteration. Habicht commented he hates to see wetlands go but would like to see areas of the creek not impacted and this plan does that. The reduction in the size of the parking stalls is something to be explored. To balance off the wetland, they need to recognize the fact that a campus would be pretty nice. The Commission does not see many projects with a 12 percent tree loss. They are also willing to eliminate the second driveway and come out of the parking lot on the west side. It's appropriate to get 30 days with respect to the second half of the proposal and split it to explore some of those options. Sandstad supported the rezoning but would like a continuation for the proponent to come back with less wetland impact. It does not balance keeping a ballfield and loosing wetlands. He would like them to look at other solutions for the wetland issue. He wants the wetland impact improved even if it's not down to zero. Foote concurred with Sandstad. Exploring 8.5 width parking stalls is something to look at and the possibility of a third story on the building. There is no problem with the parking to the west and the building area does not impact wetlands either. He supported a 30 day continuance to see what the proponent can come up with to lessen 7 Eden Prairie Planning Commission August 11, 1997 the wetland impact. Wissner agreed with the other Commissioners. The ballfield will only be used five months out of the year. If the ballfield and the tennis courts were not there as an option, she would probably balance this differently. Best Buy is important to this community and they want them to stay there. The City Council is very committed to not filling in wetlands and feel strongly about this. She encouraged the proponent to consider the different options. Alexander supported the rezoning of the Phase 2 parking. As much as she likes not to see wetlands go, she understood some may have to go. She would like to see it reduced considerably to about half of the wetland. Saving a ballfield is not as important as saving the wetlands. She liked the proposal for walking trails in lieu of the ballfield. She supported a 30 day continuance. Ismail agreed with all the Commissioners but they should be specific as to how much of the wetlands the Commission would be comfortable filling in. Ismail said 2 to 2.5 acres would be more reasonable. Sandstad commented he doesn't want to do that because he has a lot of confidence in the designer and wants to give them some flexibility. Clinton commented he would like the proponent to look at possibilities of reducing the wetland impact. He agreed with Sandstad to give them flexibility. He has always been uncomfortable with wetland mitigation off site and was not in favor of that concept. He supported a 30'8~htinuance. Clark explained his problem with 30 days because of the time frame for surcharging and construction. The surcharging has to be done before October 15 and they are going to need that parking in the spring. Kipp said one option with the 30 day continuance would be upon return to the Planning Commission, if they are satisfied with the revised concept, forward it to the City Council at which time they could ask the Council for an early grading permit to do surcharging. Clark said it's a possibility. MOTION 1: Sandstad moved, seconded by Foote, to close the public hearing. Motion carried 7-0. MOTION 2: Sandstad moved, seconded by Foote, to continue to the September 8, 1997 Planning Commission the request of Best Buy for PUD Concept Amendment on 47.45 acres. Motion carried 7-0. 8 q Eden Prairie Planning Commission August 11, 1997 MOTION 3: Sandstad moved, seconded by Foote, to close the public hearing of the request of Best Buy for Zoning District Change from Rural to 1-2 on 3.5 acres, Site Plan Review on 3.5 acres, and Preliminary Plat of 47.45 acres into 1 lot and road right of way. Motion carried 7-0. MOTION 4: Sandstad moved, seconded by Foote, to recommend to the City Council approval of the request of Best Buy for Zoning District Change from Rural to 1-2 on 3.5 acres, Site Plan Review on 3.5 acres, and Preliminary Plat of 47.45 acres into 110t and road right of way based on plans dated August 5, 1997 and subject to the recommendations of the Staff Report dated August 8, 1997. Motion carried 7-0. MOTION 5: Foote moved, seconded by Habicht, to remove the first motion passed, which closed the Public Hearing on the entire request. Motion carried 7-0. 9 10 PLANNING COMMISSION MINUTES September 8, 1997 Continued Public HearinK A. BEST BUY CAMPUS CONCEPT PLAN -1997 by Best Buy. Request for PUD Concept Amendment on 47.45 acres. Location: 7575 Flying Cloud Drive. Dave Clark, architect, representing Best Buy, reviewed the changes made to the concept plan as a result of direction from the Commission at the last meeting. The revision to the wetland alteration has been reduced from 4.93 acres to 2.66 acres. The future building size has been reduced from 100,000 square feet to 90,000 square feet and the building has gone from a 2-story to a 3-story structure. He reviewed the different options on the concept plan which staff asked them to look at and explained why some were not feasible. The recreational area is a corporate amenity which has an ongoing softball league utilizing the field three or four nights a week. Best Buy would rather not loose that if at all possible. They are trying to create a balance where they can maintain the baseball field, fill less wetland, spread the parking around the site and, if necessary, reduce the potential for the future building from 100,000 to 90,000 square feet. The use of structured parking was not economically feasible for Best Buy. He referred to a letter from the City of Eden Prairie about their review of the wetland area noting this wetland area has been classified as a Type 4 wetland which has moderate functional value due to diversity of vegetation. The Type 2 wetland is low functional due to a combination of canary grass; however, vegetation diversity was located. Not to contradict the City consultant, but this particular wetland has no through water and is not part of an established Watershed area. The only water that exists on the site is what falls on the site from precipitation. They were asked to look at parking stall size of 8'6" as opposed to 9' stalls which would save about 80 cars of parking on the site. However, staff was reluctant to do this because there has not been a case in Eden Prairie where 8'6" stalls have actually been constructed. The mall has 8'6" stalls on its documents as proof-of-parking but they're actually striped at 9'. They are following staffs recommendation of9' stalls. There has also been discussion with Southwest Metro Transit and the I-494 Corridor Commission about looking at ways to reduce the number of cars actually driving to the site. Best Buy has been encouraged to be more progressive in those ways. They have designated someone on staff to be a coordinator with Southwest Metro Transit looking at options of ride share and car pooling. There is also talk about doing a full analysis of the employees as to their home location and the routes they would take so 3 1/ PLANNING COMMISSION MINUTES September 8, 1997 they can try to determine if there is a ride share possibility that people just don't realize exists. Kipp said based on the staff recommendations at the last meeting, the Planning Commission continued the project asking for Best Buy to look at alternative ways to reducing the wetland alteration which included developing all available upland areas. A majority of the Commissioners were concerned with the issue of wetland impacts versus maintaining the ballfield. There were some comments as to what would be considered an appropriate amount of alteration and the statement made was roughly 2 to 2.5 acres. Staffhas met with Best Buy a couple of times and have reviewed the plan based on the reduction of wetland encroachment to 2.66 acres, building size down to 90,000 square feet from 100,000 square feet, raising the building height from 2-story to 3- story, and providing underground parking on the future building site. The baseball field and tennis court still remains. Best Buy feels that the use of structured parking was not feasible with this proposal. By leaving the baseball field and other developable areas in exchange for the number of wetland fill, staff believed this was not creating a proper solution. There are ways wetland encroachment can still be further reduced while providing additional parking on site and maintaining existing green space on site. He referred the Commission to the graphic attached to the staff report which showed how the baseball field could be maintained, providing parking within the tennis court area and some additional parking on the future building pad site. In addition, this would reduce the total wetland encroachment including NURP ponds to 1.4 acres. Staff feels this would be a fair compromise in terms of judging the qualities of the wetland and the laws about trying to preserve the wetland areas. If the Planning Commission is comfortable with Best Buy's revised plan, then the option would be to recommend approval. If the Planning Commission feels further revisions should take place to reduce the wetland encroachment, option #2 would be to recommend continuance of this item for Best Buy to continue to reduce wetland encroachment including development of additional upland areas. Staff recommended option #2. The public hearing was opened. Wissner asked why the proposed number of parking stalls is so much greater than what's required by Code. Clark said the Code is four spaces per thousand for a building of that size. Best Buy currently has 1,300 employees in the building which equates to about 175 square feet per person per vehicle as opposed to 250 square feet that the Code recommends. Based on their experience, they can not build a building 4 PLANNING COMMISSION MINUTES September 8, 1997 right now without at least five cars per thousand in office space. The four per thousand may be adequate in small professional buildings but not for a single user like Best Buy. Habicht commented at the last meeting Best Buy addressed some concerns about the timing issue and he asked where they are at this point. Clark said the problem is if they are to get approval to do the wetland alteration this fall, the fill must be brought in to surcharge that site. The site must be surcharged for six months to create usable base for the parking lot. They would have to bring in excess materials to place on the site for the winter so they can build next spring. Eden Prairie has an ordinance that does not allow the site to be opened for borrow of dirt past October 15. If this was continued for two weeks and they get on the City Council agenda immediately, not next month, they would still have the October 7 date to work with. Foote asked if Best Buy has seen attachment A of the latest Staff Report. Clark replied staff faxed it to him on Friday afternoon. Staff proposed eliminating the roadway they have crossing the wetland area. It's important to Best Buy to segregate truck traffic to the loading dock area away from the main entrance because there would be many people walking with their backs to the incoming traffic up that driveway. It's not a good idea to bring semi-trailers in through the middle of the parking lot with 1100 people walking through the front. Ismail commented he was comfortable with the project and for the sake of timing, recommended they go forward with it. Habicht commented it's important to provide Best Buy with some direction because of the timing factor. He was comfortable with the project because Best Buy has continued along the lines of minimizing the wetland impact. He also agreed that having truck access on the north side was important as not to have trucks driving where pedestrians are walking. Sandstad said he did not have a chance to look at the property but commented the wetland alteration was not enough. He appreciated Best Buy moving in the right direction but believed they could do a better job to reduce the wetland impact. Foote agreed with Sandstad and apologized to Best Buy in advance for this delay. He was not comfortable with the wetland fill and believed they could reduce the wetland fill even further. He did support the 8'6" parking stalls for the fact that it may deter people from driving to work. He found it very difficult to fill wetlands for parking and encouraged Best Buy to work with staff and see what they can do to decrease the wetland alteration. 5 I~ PLANNING COMMISSION MINUTES September 8, 1997 Wissner stated attachment A could possibly work out and would not take away the baseball field. It does take away the tennis courts but leaves the green of the ballfield. She said they are getting closer and encouraged them to work with staff. MOTION 1: Wissner moved, seconded by Alexander, to continue the public hearing for two weeks. Motion carried 6-0. 6 ILj Planning Commission Minutes (Unapproved) September 22, 1997 IV. A. CONTINUED PUBLIC HEARINGS BEST BUY CAMPUS CONCEPT PLAN -1997 by Best Buy. Request for PUD Concept Amendment on 47.45 acres. Location: 7575 Flying Cloud Drive. Kipp explained at the last meeting Best Buy was prepared to present a plan that reduced wetland alteration down to 2.66 acres. Discussion did take place on that but because of a failure on the part of the delivering of the packet, the Commission could not take action and felt they needed a continuance so the project could be further reviewed. At that time, staff recommended additional wetland reduction to take place. Since that meeting, Best Buy has revised the plans again. Dave Clark, architect, reviewed the changes made to the concept plan and the wetland mitigation plan. The wetland alteration has been reduced down to 1.4 acres. A secondary roadway was proposed to handle the truck traffic and to keep it away from the parking lot area as not to interfere with pedestrians walking. This roadway will also enable the neighbors adjoining the site a simple route with no conflicts. A wetlands and landscape consultant has been consulted to enhance the plantings in the wetland areas and encroachment areas. They are cooperating with City staff to revise the landscape plan to put in things that are more suitable to the natural wetland environment. Best Buy has met with Southwest Metro Transit to create a traffic management plan and a traffic coordinator has been appointed to work with Southwest Metro to work on that plan. Debra Brodsho of Brodsho Consulting, wetlands consultant, reviewed the plan created to enhance the natural plantings in the wetlands area. There will also be a teaching environment created around the remaining wetlands. This effort will include trails and educational kiosks around the wetlands, and reinforcement, through plantings, of the various wetland zones that exist around the site. There are a lot of future opportunities available there such as a gazebo or a deck. Clark said they are still mitigating at 4: 1 ratio as opposed to 2: 1 and have been approved by DNR and the Corp. of Engineers. Best Buy feels the green space and the ballfie1ds are important to the company in that location. They would downsize the future building size on the site first and keep that area open. Ismail was concerned about the off site mitigation in Winthrop. Clark said Winthrop was about 70 miles west and explained why it was not feasible doing it on site. If they attempt to do on site mitigation in an area that doesn't have sufficient water flow through it, it will not have sufficient growth. The wetland provided in Winthrop has to be inspected and approved by the government agencies for the next three years. 2 Planning Commission Minutes September 22, 1997 Kipp indicated the September 5 staff report recommended that the wetland alteration be reduced from 2.66 acres to 1.4 acres. One option to achieve this included using the tennis court and some additional upland areas for parking. Best Buy has chosen to reduce the building square footage rather than upset the ballfields and other recreational areas on the property. Plans have been provided to reduce the wetland alteration from 2.6 acres to 1.39 acres. The future building size has been reduced by an additional 20,000 square feet from 90,000 to 70,000 square feet. The overall parking has been reduced from 2,313 spaced to 2,064 spaces. One NURP pond has been removed from the wetland. Staff recommended approval of the plan. Clinton was concerned about the impact of the traffic. Kipp said the original staff report had a traffic analysis which determined this proposal would be generating less trips than it would with industrial land use. Therefore, it is meeting what the City has already established or set aside for that site for traffic generation. He added that Best Buy is pursuing Traffic Demand Management opportunities to help reduce peak hour traffic impacts. The public hearing was opened. Wissner commented Best Buy has shown a good example of corporate citizenship. The project looks very nice and will be good for the community. She supported the project. MOTION 1: Wissner moved, seconded by Alexander, to close the public hearing. Motion carried 6-0. MOTION 2: Wissner moved, seconded by Alexander, to recommend to the City Council approval of the request of Best Buy for PUD Concept Amendment on 47.45 acres based on plans dated September 18, 1997 and subject to the recommendations ofthe Staff Report dated September 19, 1997. Motion carried 6-0. 3 CITY COUNCIL MINUTl September 2, 1997 Page 2 v. PUBLIC HEARINGSIMEETINGS A. BEST BUY CAMPUS CONCEPT PLAN -1997 by Best Buy. Request for Planned Unit Development District Review on 3.5 acres, Zoning District Change from Rural to 1-2 on 3.5 acres, Site Plan Review on 3.5 acres and Preliminary Plat of 47.45 acres into 1 lot and road right-of-way. Location: 7575 Flying Cloud Drive. (Ordinance forPUD District Review and Zoning District Change and Resolution No. 97-162 for Preliminary Plat) David Clark, Architect, reviewed the plans for the Best Buy Concept Plan, and noted they have added 600 employees since 1994 and thus far have expanded within the existing building. He described the site and the possible areas for expansion. He discussed the areas which will be used to satisfy the parking requirements, and noted they will not impact any wetlands with the installation of this parking. He discussed the drainage and ponding on the site and the existing wetland, noting it is isolated and the development around this wetland is 15 CITY COUNCIL MIN ES September 2, 1997 Page 3 continuous. The future development will be along the north edge of the property, which is the only area where the building could be located because of existing soil conditions and existing wetlands. They met with the 1-494 Commission to see if there were ways they could get employees to carpool but he did not know if they would be successful in thi~ effort. Tyra-Lukens noted that traffic was becoming a large concern in this area and asked if they were doing anything with staggered shifts, etc. to facilitate decreasing the levels of traffic during peak periods. Clark responded that they have a voluntary type of staggered system but it is not a formalized schedule. Tyra-Lukens asked about the areas of the site which were not suitable for building and inquired if they would be suitable for parking ramps. Clark responded that they are looking at this but parking ramps are very expensive and difficult to justify . Butcher-Y ounghans noted she was also concerned about the extent of the parking area on the site and asked about underground parking to decrease some of the hard surface coverage on the site. Clark responded that they have agreed to use underground parking at least under the building. The Planning Commission requested they look at this as a possibility of reducing the parking area on the site. Butcher-Younghans asked if the ball fields could be repositioned to go behind the parking area which could be located where the ball fields are now located. Clark responded that they had talked to their people about this but they don't want to move the ball fields. If they leave the ball fields where they are presently located it would make a better plan for the site overall. Butcher-Younghans encouraged them to continue with their car pooling efforts with their employees to decrease traffic and parking on the site. Clark commented they are working towards this and are trying to get a transit stop at their door which will facilitate more employees using the transit system to get to work. Case requested clarification on where the wetlands were and Clark explained the location of the wetlands and how they would be impacted. Case asked how much of the wetland would be impacted by the alteration and Clark responded that it would impact five acres .. They will replant the disturbed areas with natural grasses and vegetation so that the area will blend in with the existing areas. Tyra-Lukens asked about the 8.5' or 9' parking stall size and if they used smaller stalls if it would reduce the impact on the wetlands. Clark responded that City Staff has been reluctant to set a precedent by allowing the smaller stalls but they would be amendable to that, should staff concur. Case stated he was concerned that the water from the NURP pond was being released into the stream and not back into the wetlands. Clark stated that they will hold the water in the wetlands until it is of such quality that it will not I~ CITY COUNCIL MINUT.I!J-S September 2, 1997 Page 4 adversely impact the stream, and only then will it be released from the wetland. Enger reviewed the staff report and noted the official notice of this Public Hearing was published on August 21, 1997 in the Eden Prairie News and mailed to 14 property owners within the affected area. On August 11, 1997, the Planning Commission reviewed this request and has recommended approval of the Phase 2 parking expansion. The overall PUD Concept Approval for expansion of the Best Buy campus will be further reviewed by the Planning Commission at its September 8 meeting, and the City Council will be reviewing the plan on October 7. The proponent will be requesting early issuance of a grading permit for Phase 2 parking so construction can begin prior to the winter season. The Parks, Recreation & Natural Resources Commission did not review the Phase 2 portion of the project since it does not affect trees nor the wetland. The Public Hearing was opened. No one present wished to speak. MOTION: Case moved, seconded by Thorfinnson to closed the Public Hearing. Motion carried 5-0. Mayor Harris noted that the Planning Commission has continued the Concept Plan in order to consider alternatives and the application for the rezoning was part of that request. Tyra-Lukens inquired how many parking stalls they would save if they used the smaller parking stall size and Enger responded that people do not see the lines for the parking stalls during the winter months and park where they feel comfortable. Staff has believed that if a smaller stall size is utilized there must be some type of year-round stall delineation such as that utilized at the Crosstown Athletic Club. Discussion ensued regarding the wetland area being impacted by the project and the importance of preserving the existing wetlands within the community. Harris stated she was interested in preserving the green space along Flying Cloud Drive which mitigates the swath of concrete and asphalt. Thorfmnson asked about the number of employees on the site presently and how many more would be there in the future. Clark responded that they have converted the site entirely to office usage, and they expect to have about 1,100 more employees on the site. Thorfmnson stated he was concerned about the traffic and the need for parking and encouraged the proponent to address this issue and promote some sort of traffic management plan by staggering shifts, encouraging car pooling and using transit which would decrease the need for that much parking on the site. Discussion ensued regarding ways the parking on the site could be reduced. Harris noted that we need to have a regional transportation plan, and at this 11 CITY COUNCIL MINUTES September 2, 1997 Page 5 point can only encourage businesses to look at ways to reduce parking. The City Council needs to facilitate this goal and do all we can to assist the Community in achieving it. The Planning Commission has reserved the right to study this situation further. MOTION: Case moved, seconded by Thorfmnson to adopt 1st Reading of the Ordinance for PUD District Review and Zoning District , Change from Rural to 1-2 on 3.5 acres; adopt Resolution No. 97-162 for Preliminary Plat on 47.45 acres into 1 lot; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. Pauley noted that the Concept Amendment was part of the Public Hearing process and the City Council should reconsider closing the Public Hearing. MOTION: Case moved, seconded by Butcher-Younghans, to reopen the Public Hearing. Motion carried 5-0. MOTION: Case moved, seconded by Thorfmnson, to close the Public Hearing but continue the Concept Plan Review until the October 7, 1997 meeting. Motion carried 5-0. MOTION: Case moved, seconded by Thorfinnson to adopt 1st Reading of the Ordinance for PUD District Review and Zoning District , Change from Rural to 1-2 on 3.5 acres; adopt Resolution No. 97-162 for Preliminary Plat on 47.45 acres into 1 lot; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. /1 STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANT/ FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner Scott A. Kipp, Planner August 8, 1997 Best Buy Concept Plan -1997 Best Buy Company, Inc. 7075 Flying Cloud Drive 1. Planned Unit Development Concept Amendment on 47.45 acres. 2. Planned Unit Development District Review on 3.5 acres. 3. Zoning District Change from Rural to 1-2 on 3.5 acre. 4. Site Plan Review on 3.5 acres. 5. Preliminary Plat of 47.45 acres into one lot and road right of way. . ,.\ . .. " ., • , .. . •• ('. . • • JII. •• . . . ~ ° $/:-re _ .... L... • •• , 1...--...;;0_.' .'.' . • .. r-·--- , --r---r--~_J ,\ \; .:~l< "-. .. ~ --~---.:-. . " ~ ~ " :.: ~r '---"_0 .. __ _ Pt< . ,,:i.! Ci '-~I 'N. ro TH ST I ";:,:i i"~ I .' ,S i I TE~;ri.:·.··,·ICO·::··,·' _.! t h .'-'., _.... -. "";,:.,,., . . " ..... .,,: I-i':'\ . :~.D Li. Staff Report Best Buy Concept Plan -1997 August 8, 1997 BACKGROUND A PUD Concept and 1-2 zoning was approved in 1982 for the construction ofthe Lee Data Corporation headquarters. In 1994, the interior of the building was expanded with additional office space for Best Buy Company, the current owner. A waiver was granted through the PUD to permit greater than 50% office use in the 1-2 zoning district as long as parking is provided to City Code. It is Best Buy's desire to create a unified campus plan to meet their five year growth needs. They purchased the adjacent 18.6 acre parcel to the north and are requesting approval ofa PUD Concept Amendment to add this site into the PUD for an additional 100,000 square feet of office use and 990 new parking spaces. They are also requesting rezoning of3.5 acres for Phase 2 parking (359 ofthe 990 spaces) at this time to meet their parking needs for the existing facility, and permission to surcharge the Phase 3 parking area. A total of7.45 acres of the 18.6 acre site is in wetland. The concept proposal will impact 4.93 acres ofthe wetland. A permit application is currently under review by the U.S. Army Corp of Engineers. The site was the location of Hansen Auto Parts which operated during the 1960's and 70's. It is surrounding by industrial land uses to the north, and east. Purgatory Creek is located south of the existing site, with Highway 212 adjacent to the west. PUD CONCEPT AMENDMENT The existing PUD covers approximately 28 acres, and includes a 289,651 square foot building. The concept amendment is to add 18.6 acres and 100,000 square feet of office use for a total site area of47.45 acres and 389,651 square feet of building. COMPREHENSIVE GUIDE PLAN The existing Best Buy site is guided Industrial and zoned 1-2. The new 18.6 acre site is guided Industrial. The request is for concept approval of a future office use on the site. No guide plan change is requested at this time. When a request is made to rezone the property to the office zoning district, a change to the guide plan from Industrial to Office will be required. SITE PLAN AND PRELIMINARY PLAT The site plan shows development of a two-story 100,000 square foot building and 990 parking Staff Report Best Buy Concept Plan -1997 August 8, 1997 spaces on 18.6 acres for a Base Area Ratio of 6.1 % and a Floor Area Ratio of 12.3%. Combined with the existing site and building area, the BAR is 11.3% and FAR is 18.8%. City Code permits up to a 30% BAR and a 50% FAR. The future building will meet the setback requirements of the office district. Based on Best Buy's parking needs, 990 new spaces are proposed for a total of 2, 197 parking spaces on site. City Code would require a total of 1,560 spaces based total building area on site at 4 spaces per 1,000 square feet of building. The 4.93 acres o:wetland alteration proposed with this concept is for added surface parking and NURP ponding. Best Buy indicates that a pennit will be issued shortly by the U.S. Anny Corp of Engineers for this alteration. It has been the City's policy to avoid wetland impacts as a first priority. If this is not possible, priority is to minimize the impact. Since the beginning of the Wetlands Conservation Act, the City has approved the alteration of approximately 7.34 acres of the 123 acres of wetlands associated with those development projects. This is an average of 6% pennitted alteration (see Attachment A). Many more projects have been approved which avoided the wetlands on site. There are options that can minimize wetland alteration for this project. These include the following: 1. Developing all non-wooded upland areas first. This option would maximize the surface parking areas on the upland land west of the proposed building footprint, and could include the existing tennis court and ball field. These recreational facilities were not part of any City requirement, but are important to Best Buy. 2. Minimizing the proposed building footprint by increasing building height or reducing total building square footage. This option would provide additional parking area on the upland land west of the proposed building. Reducing total building square footage would also eliminate the total parking spaces required. 3. Constructing structured parking for a portion of the development. These options together or individually can result in minimizing the amount of wetland encroachment. Staff recommends that anyone, or combination of options be implemented. Best Buy is requesting approval to rezone the Phase 2 parking area(359 spaces) from Rural to 1-2 22- Staff Report Best Buy Concept Plan -1997 August 8,1997 and to obtain permission to surcharge the Phase 3 parking area. The proponent requests a waiver through the PUD for a front yard parking setback ranging from 49 feet to 40 feet for 13 parking spaced along Flying Cloud Drive. City Code requires a 50 foot setback in the industrial district. The waiver may have merit since only 13 of the 52 spaces that front the roadway are effected, the property line is irregular, and when future office zoning takes place on the property the parking would exceed the required 35 foot setback for that district. The Phase 2 parking will impact approximately 400 sq. ft. of wetland where one of the proposed drive lanes connects to the existing parking area to the south. Staff recommends that this most easterly connection be eliminated or relocated out of the wetland. The preliminary plat will combine both sites into one lot and road right of way for Flying Cloud Drive. There is a portion of West 70th Street which traverses the property that is no longer necessary by the City. This right of way will need to be vacated concurrent with the final plat. GRADING AND DRAINAGE The tree inventory indicates a total of3,014 caliper inches of significant trees on the overall property. The concept plan shows tree loss of372 caliper inches or 12%. Tree replacement is 137 caliper inches. The concept plan indicates this replacement. An existing wooded knoll will be preserved adjacent to the wetland. The proponent is requesting approval to grade and develop the Phase 2 parking area and to surcharge the Phase 3 parking area. No significant trees will be lost with Phase 2 parking . . All hard surface runoff will be directed through stonn sewer to NURP ponds near the central portion of the proposed site. An alternative NURP pond location for Phase 2 parking has been established farther to the north outside of the wetland area as a temporary location while the U.S. Army Corp of Engineers and Watershed District review Best Buy's permit for wetland alteration. UTILITIES City sewer and water can be provided to the site with connection to existing lines located in Flying Cloud Drive. TRAFFIC AND ACCESS A traffic analysis shows daily and peak hour trip generation based on the existing building Staff Report Best Buy Concept Plan -1997 August 8,1997 (including future build out) together with various scenarios for the proposed site to the north(see Attachment B). These scenarios included: • Best Buys proposal for 100,000 sq. ft. of office. • various options of industrial use based on 30% coverage of gross site acreage. • various options of industrial use based on 30% coverage of net site acreage(less wetlands) plus a 10% wetland credit. The daily and peak hour trip generation resulting from these scenarios show that the Best Buy proposal would generate less traffic (3,331 daily trips and 598 a.m./586 p.m. peak hour trips) than what reasonably could be generated under the current industrial guiding for the property. Access to the property takes place from Flying Cloud Drive and West 70th Street. An additional access is proposed on to Flying Cloud Drive. ARCHITECTURE The concept plan does not provide building architecture at this time. The proposal for the 100,000 sq. ft. building indicates a two-story structure. The office zoning district requires that buildings be consist of at least 75% face brick, glass, or natural stone. This requirement will be applied at the time ofthe rezoning for the property. LANDSCAPING Based on total building size, 1,352 caliper inches of landscaping is required. The landscaping plan meets this requirement. As part of the Phase 2 parking plan, a detailed landscaping plan has been prepared which shows berming and plantings to screen the parking lot from the public road. SIDEWALKS AND TRAILS There is an existing private trail system on located on current Best Buy site. The concept plan shows a continuation of this system throughout the proposed site. A five foot sidewalk is also proposed from the existing building to the trail along Flying Cloud Drive. RECOMMENDATIONS I. Ifthe Planning Commission believes that compelling reasons have been made for the amount of wetland alteration, then one option is to recommend approval of the PUD Staff Report Best Buy Concept Plan -1997 August 8, 1997 Concept Amendment on 47.45 acres, PUD District Review on 3.5 acres, Rezoning from Rural to 1-2 on 3.5 acre, Site Plan Review on 3.5 acres, and Preliminary Plat of 47.45 acres into one lot and road right of way, based on plans dated August 5, 1997, this Staff Report, and the following: l. Prior to City Council review, the proponent shall: A. Provide permits from the U.S. Army Corp of Engineers for the alteration of the wetland. B. Eliminate, or relocated out ofthe wetland, the drive lane connecting the proposed parking lot to the existing parking area to the south. 2. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. B. Vacate that portion of West 70th Street that traverses the property. 3. Prior to grading permit issuance for the Phase 2 parking and Phase 3 parking area surcharging, the proponent shall: A. Provide a permit from the Watershed District for the alteration of the wetland. B. Provide a landscaping surety according to City Code. 4. Prior to building permit issuance, the proponent shall submit detailed plans for review and approval by the Planning Commission, Parks, Recreation, and Natural Resources Commission, and City Council for the rezoning of the property in accordance with the requirements ofthe City Code. 5. The following waiver is granted through the PUD district review for the property: A. Front yard parking setback ranging from 49 feet to 40 feet. City Code requires 50 feet in the 1-2 zoning district. II. If the Planning Commission believes that compelling reasons have not been made for the amount of wetland alteration, that the environmental impacts of the development on the Staff Report Best Buy Concept Plan -1997 August 8, 1997 sites natural features are high, then the alternative would be to recommend a continuance to explore options to minimize the amount of wetland alteration as follows: 1. Developing all non-wooded upland areas first. This option would maximize the surface parking areas on the upland land west ofthe proposed building footprint, and could include the existing tennis court and ball field. 2. Minimizing the proposed building footprint by increasing building height or reducing total building square footage. 3. Constructing structured parking for a portion of the development. The staff recommends alternative II. 1 Land Rover (1997) Pax Christi (1997) Carpenter (1996) Kopesky (1996) Golden Triangle (1995) Pafko (1995) Purgatory Creek (1994) Hartford (1994) Galarneau (1994) Summerfield (1993) Bearpath (1992) TOTALS barb\mike\reports\wetland.cht PROJECTS APPROVED WITH WETLAND IMPACTS 1990-1997 .11 .02 .04 2 1 0 2.18 2.16 0 .08 .08 0 18.98 .16 .32 1.47 .02 .04 2.2 .04 .08 4 0.25 .50 8.76 .82 .84 12 .25 .50 71.5 1.7 3.4 0 1 4.32 0 0 0 0 0 0 0 0 123.28 acres 6.5 acres 5.72 acres 5.32 acres AlTAlH t1ENT A STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANT/ FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner Scott A. Kipp, Planner September 5, 1997 Best Buy Concept Plan -1997 Best Buy Company, Inc. 7075 Flying Cloud Drive 1. Planned Unit Development Concept Amendment on 47.45 acres. 2. Planned Unit Development District Review on 3.5 acres. 3. Zoning District Change from Rural to 1-2 on 3.5 acre. 4. Site Plan Review on 3.5 acres. 5. Preliminary Plat of 47.45 acres into one lot and road right of way. . .. . ~Lre ": . . . , • • . . . . • . .. , ... .;! ... 11 ••• 1 ~·'.~!i ~ \ I ;." : ;:. ... I ... I \ /' « (\' ... 'T=."J, t- ~. -' -\ \~~\w.:::;~ ,~ .. -...... ~ I..\.. -.--~ .... -.... -... ---.. - -- --" .' ..... "'-.' r I ~.~.r" " ~ ." .... : \, , . ",' .-.:~~;::~~ f-!>,-F.-,";"" ~,-. ""r" ,..---J1 · ,.j-;:"~ \ r'~::~' '. "-----------,:, .. .;:.:\-" Staff Report Best Buy Campus Concept -1997 September 5, 1997 BACKGROUND At its August 11, 1997 meeting the Planning Commission continued action on the PUD Concept so Best Buy could evaluate options to reduce the amount of wetland alteration based on the recommendations of the August 8, 1997 Staff Report. The preliminary plat, site plan review and rezoning request for the Phase 2 parking, which does not impact any wetlands or significant trees was recommended for City Council approval. The City Council approved the Phase 2 parking portion of the project at its September 2, 1997 meeting. However, the Council did have concern regarding the amount of wetland alteration in the concept plan, and also suggested that Best Buy work toward a greater emphasis on Traffic Demand Management (TDM). The U.S. Army Corp of Engineers has recently issued a permit to alter 5 acres of wetlands for the project based on the original concept. REVISED PUD CONCEPT The concept plan has been revised in the following areas: 1. Wetland altenition has been reduced from 4.93 acres(66%) to 2.66 acres(36%). 2. Future building size has been reduced from 100,000 sq. ft. to 90,000 sq. ft., and has gone from a 2-story to a 3-story structure. 3. Underground parking is included with the future building. 4. A total of2,3l4 parking spaces are provided for the entire site. Because of Best Buy's strongly feeling for protecting an employee asset, the ball field has been retained in the revised plan. The use of structured parking was reviewed by the proponent, but was determined not to be a viable option. WETLAND ALTERATION While the revised concept plan has reduced the amount of wetland alteration from 4.93 acres to 2.66 acres, it remains the largest wetland alteration reviewed to date. One of the recommended options in the August 11, 1997 staff report was to develop all non- wooded upland areas first. The plan now shows surface and underground parking on the building pad site which has helped in the reduction of wetland alteration. However, the ball field and 2 30 Staff Report Best Buy Campus Concept -1997 September 5,1997 tennis court areas are being retained. If these areas were to be placed in parking, approximately 260 spaces (80 at tennis court, and 180 at ball field) would result. This would eliminate any wetland alteration other than a reduced NURP ponding area. In July of this year Best Buy received City Council approval to add parking to their existing building site, which included the elimination of the tennis court area. If the tennis court and adjacent open area to the north were to be placed in parking, wetland fill could be greatly reduced. Best Buy's proposed parking spaces are based on a greater ratio than required by City Code. Their plan provides 2,314 spaces, or 6 spaces per 1,000 square feet of building, while City Code would require 1,510 spaces based on 4 spaces per 1,000 square feet of building. The decision on how to balance wetland alteration for parking and the desire for the proponent to maintain private recreational facilities should be based on the overall benefits the City: 1. The private recreational facilities provide open space to the overall site, but an equal amount of wetland area is lost. 2. Parking provided at a greater ratio than required by code can be handled by available upland areas, or by the use of structured parking rather than wetland areas. 3. The larger the wetland area, the greater stonn water holding capability. This helps preserve down stream capacity. By pennitting a limited amount of wetland fill (.5 to .75 acres) to "square off" the parking area adjacent to the wetland boundary, while still maintaining the NURP ponds in the wetland, and providing parking in the tennis court area may be an acceptable solution. This would greatly reduce wetland alteration, and provide for a majority of on-site mitigation.(see attachment A). Staff would recommend this as one alternative approach to reducing the wetland alteration. TRAFFIC While the traffic analysis provided for this project indicates less trip generation than what would be expected under the current industrial guiding for the property, there is a growing concern by the City Council about the amount oftraffic being added to an already crowded system. Traffic Demand Management (TDM) is a tool that can have a positive result in reducing the impacts associated with peak hour capacity problems. Best Buy currently encourages some forms ofTDM through the use of preferential parking and financial rewards in the fonn of merchandise 3 31 Staff Report Best Buy Campus Concept -1997 September 5, 1997 discounts for car pools. They have met with Southwest Metro Transit to provide bus route information to their employees. These efforts are commendable and should continue to be expanded. Some ways in which TDM can have the greatest impact on reducing peak hour capacity problems include the following: • Staggered work hours, or flex time. • Car pools and Van pools, including working with other corporations. • Telecommuting • Establishing a TDM coordinator • Park and Ride lots • Transit services The 1-494 Corridor Commission would welcome the opportunity to work with any business to help implement TDM programs. We encourage Best Buy to continue to implement additional strategies to further their TDM efforts. RECOMMENDATIONS I. If the Planning Commission believes that compelling reasons have been made for the amount of wetland alteration proposed, then one option would be to recommend approval ofthe PUD Concept Amendment on 47.45 acres, based on plans dated September 3, 1997, this Staff Report, and the following: 1. Prior to City Council review, the proponent shall: A. Provide permits from the U.S. Army Corp of Engineers for the alteration of the wetland. 2. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. B. Vacate that portion of West 70th Street that traverses the property. 3. Prior to grading permit issuance for the Phase 2 parking and any Phase 3 parking area surcharging, the proponent shall: 4 Staff Report Best Buy Campus Concept -1997 September 5, 1997 A. Provide a permit from the Watershed District for the alteration of the wetland. B. Provide a landscaping surety according to City Code. 4. Prior to building permit issuance, the proponent shall submit detailed plans for review and approval by the Planning Commission, Parks, Recreation, and Natural Resources Commission, and City Council for the rezoning of the property in accordance with the requirements of the City Code. 5. The following waiver is granted through the PUD district review for the property: A. Front yard parking setback ranging from 49 feet to 40 feet. City Code requires 50 feet in the 1-2 zoning district. II. If the Planning Commission believes that compelling reasons have not been made for the amount of wetland alteration, that the environmental impacts ofthe development on the sites natural features are high, then the alternative would be to recommend a continuance to revise the plans based on the recommendations of the September 5, 1997 staff report as one alternative option to minimize the amount of wetland alteration. The staff recommends alternative II. 5 ~ -c:: 1IiiiiiI-';-'r:»¥!iCn:rrrTTrrrTTTTTrnTTTlTT"Cmn rr fTn~"-"-\"! I WETLAND ALTERATION AREA ----w::-~ :;t:J 2.1111 ACRES ~~ ~ r-~"" \ .. _ .. _ .. ___ ._..1 .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. _._ .. _._ .. _ .. _.,_ .. _ .. _ .. _ .. _ .. ___ ~ _____ - ! 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'-' m1 tH LJ~IIIIIII I II ~J ~ i ! rc ~!lllillU I PllJJJ'? /1--;0 1 , / Iii 'l} / -----~, .. , .. , .. -.. , __ \ I cl-J+ld.UlIIII..UllllllJlliWUIIIIIIIIILI,LW.lJ.lLl.t0-i-+ 1 Plil~S~I, : /1 / _ s-/ /1..' / ~' " ---~-----;' ~"'4"-"-"_"_"_"_"_ .-..-.. _ .. _ .. _ .. _ .. , .. _ .. _ .. _ .. , .. _ .. _ ........... -... -... ~:c-"t I \~ml~~Q-t ~L{fMt"'Ntt :2/ }/ I;: / ~ ~--·--·-·---·-c:~:::·-'<:n .. -·~=:~.~ -" __ ////~ / ! __ ._ .. ___ ~~:i;-.--mj / --__ ~:::~~=----~/:;/ / BE~-r ~\)'( 'AMl'VS ~Narr-I"7 ttl 1 ~tH "'f~ A STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANT! FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner Scott A. Kipp, Planner September 19, 1997 Best Buy Concept Plan -1997 Best Buy Company, Inc. 7075 Flying Cloud Drive 1. Planned Unit Development Concept Amendment on 47.45 acres. 2. Planned Unit Development District Review on 3.5 acres. 3. Zoning District Change from Rural to 1-2 on 3.5 acre. 4. Site Plan Review on 3.5 acres . . 5. Preliminary Plat of47.45 acres into one lot and road right of way. .... : ... ..... ;:/ .. ,.;~ .... I' • ,;.. .. ;".., .... .. .". • e •• • , • I • .. .1 ,-. • _. " JA ... • 0 ~. Slre "0 " ---'-'. ... .' . • . . . . . ? .r--~----. _ ; ... -.... _---- .".! C; >1 :;0;\ 'No. ·ro TH ST I "h :5 1. • I , --I r·-...... ! -- ~. I • :.~ ~r i\ ·l ~ ..... ',. ·rr· '~. .r '--_. __ ..... '---- -.. >.:".~ ., .. ',r ," ,: ..... . .;; ~~ , ... ..... Staff Report Best Buy Campus Concept -1997 September 19,1997 BACKGROUND At its August 11, 1997 meeting the Planning Commission continued action on the PUD Concept so Best Buy could evaluate options to reduce the 4.93 acres of proposed wetland alteration based on the recommendations of the August 8, 1997 Staff Report. The prelirninaryplat, site plan review and rezoning request for the Phase 2 parking, which did not impact any wetlands or significant trees was recommended for City Council approval. At the September 8, 1997 meeting, the Planning Commission reviewed a revised plan for 2.66 acres of wetland alteration, but had to continue discussion on the project to September 22 due to a late delivery of the commission packet. The U.S. Army Corp of Engineers has issued a permit to alter 5 acres of wetlands for the project based on the original concept. REVISED PUD CONCEPT Since the last meeting, the proponent has made additional reductions to the amount of wetland alteration proposed. The September 5 staff report recommended that the wetland alteration be reduced from 2.66 acres to approximately 1.4 acres. One option to achieve this included using the tennis court area and some additional upland areas for parking. The concept plan has been revised in the following areas: 1. Wetland alteration has been reduced from 2.66 acres(36%) to 1.39 acres(18%). 2. Future building size has been reduced from 90,000 sq. ft. to 70,000 sq. ft. 3. Parking has been reduced from 2,314 spaces to 2,064 spaces for the entire site. 4. One ofthe NURP ponds has been removed from within the wetland. Because of Best Buy's strong feeling for protecting an employee asset, the ball field and tennis court has been retained in the revised plan. Best Buy has been working with a wetlands consultant to create a plan which will enhance the natural plantings and create a teaching environment around the remaining wetlands. This effort will include trails and educational kiosks around the wetlands, and reinforcement, through plantings, of the various wetland zones that exist around the site. TRAFFIC DEMAND MANAGEMENT(TDM) While the traffic analysis provided for this project indicates less trip generation than what would be expected under the current industrial guiding for the property, there is a growing concern by 2 31 Staff Report Best Buy Campus Concept -1997 September 19, 1997 the City Council about the amount of traffic being added to an already crowded system. Best Buy is continuing to explore ways to incorporated TDM efforts to reduce peak hour trip generation. The following steps are being taken by Best Buy: • Southwest Metro Transit(SMTC) will be holding a transportation expo at the Best Buy headquarters to introduce various transportation alternatives. • A transportation coordinator has been designated within Best Buy to coordinate TDM efforts, including analyzing their work force's transportation patterns, etc. • Best Buy will work with SMTC to see if shuttle bus service can be provided directly to the employee entrance. • Continued efforts will be made to increase car pooling. • Staggered work hours will be reviewed. Staff encourages Best Buy to continue to implement these strategies to further TDM efforts. RECOMMENDATIONS Staff recommends approval of the PUD Concept Amendment on 47.45 acres, based on plans dated September 18, 1997, this Staff Report, and the following: 1. Prior to City Council review, the proponent shall: A. Provide permits from the U.S. Army Corp of Engineers for the alteration of the wetland. 2. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. B. Vacate that portion of West 70th Street that traverses the property. 3. Prior to grading permit issuance for the Phase 3 parking area surcharging, the proponent shall: A. Provide a permit from the Watershed District for the alteration of the wetland. B. Provide a landscaping surety according to City Code. 3 Staff Report Best Buy Campus Concept -1997 September 19, 1997 4. Prior to building pennit issuance, the proponent shall submit detailed plans for review and approval by the Planning Commission, Parks, Recreation, and Natural Resources Commission, and City Council for the rezoning of the property in accordance with the requirements of the City Code. 5. The following waiver is granted through the PUD district review for the property: A. Phase 2 front yard parking setback ranging from 49 feet to 40 feet. City Code requires 50 feet in the 1-2 zoning district. 4 To: Through: From: Date: SUbject: BACKGROUND: Memorandum Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Parks, Recreation and Natural Resources YJf: Stuart A. Fox, Manager of Parks and Natural Resources October 2, 1997 Supplemental Staff Report to the Community Development Staff Reports of August 8, September 5 and September 19, 1997 for Best Buy Concept Plan - 1997 The proposed plan is to expand the campus for the Best Buy Corporate Headquarters located on Flying Drive. The proposed concept plan includes expansion the parking areas, as well as a future building site. The project being reviewed is seeking a PUD Concept Amendment on a total of 47.45 acres. The project went before the Planning Commission on three occasions regarding this concept plan. There are three staff reports covering the various changes that have been proposed over that period of time. The natural resource issues involved in this plan are detailed in the following paragraphs. NATURAL RESOURCE ISSUES: Tree Loss -Landscape Plan The tree inventory for this site has a total of 3,014 diameter inches of trees on the entire site. The concept plan shows the removal of 21 trees with a total of 372 diameter inches. This represents a 12% loss of significant trees as per City Code. The tree replacement required is a total of l37 caliper inches of landscape material. The trees on the site are primarily cottonwood, ash, and oak. There are also clusters of boxelder and willow. The tree replacement plan for landscaping the site following grading includes planting a variety of maples, birch, ash, oak, willow, popular, and aspen. These trees would fit very nicely into the natural character of the site. In addition, parking lot screening would be accomplished utilizing coniferous materials, including balsam fir, Black Hills spruce, Austrian and Scotch pine. 40 The site has 7.45 acres of wetland and the majority of that wetland is scheduled for preservation. The proposed plan includes utilization of trails and educational kiosks to highlight this natural resource area of the site. NURPPond A NURP pond is scheduled to be constructed with phase II parking, which was not reviewed the Commission because it did not impact any natural resource areas. A second pond would be constructed north of the phase III parking to collect parking lot runoff and pretreat it prior to discharge. Both of these NURP ponds require review for storm water calculations and acceptance by the City Engineering staff prior to construction. Wetland Alteration The proposed concept plan indicates that 1.39 acres of wetland will be impacted by development. This amount of wetland has been significantly reduced from the first plan that the staff reviewed in June. The staff is comfortable with the amount of wetland that is being impacted by this project. The Watershed District and the u.s. Army Corp of Engineers have reviewed this project and are currently in the process of commenting on the wetland impact. Sidewalk and Trails The current Best Buy Campus site has an exterior loop trail system. With the proposed additional phasing, trails would be built to enable employees to access the Corporate Headquarter building from the parking lots. Most of this initial trail system was constructed as part of the City's pedestrian transportation plan, which indicates a proposed trail along Flying Cloud Drive. The trail does appear to enter part of the City's right-of-way along Flying Cloud Drive and would require City approval if it is constructed within the right-of-way. RECOMMENDATION: This project was reviewed by the Planning Commission and received approval at the September 22, 1997 Commission meeting on a 6-0 vote. Staff recommends this project be approved with the recommendations covered in the three Community Development staff reports and the information contained in this supplemental report. SAF:mdd bestbuyistuart97 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10-7-97 SECTION: PUBLIC HEARINGS ITEM NO. V Ir---------------------~--------------------~-- DEPARTMENT: Community Development Chris Enger Scott A. Kipp Requested Council Action: ITEM DESCRIPTION: VILLAS AT PURGATORY CREEK The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Approve 1 st Reading of the Ordinance for Rezoning from Rural to R 1-13.5 on 9.8 acres; 3. Adopt the Resolution for Preliminary Plat on 9.8 acres into 15 lots; 4. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: The site is guided for low density residential use. The proposal is for 15 single-family lots at a gross density of 1.53 units per acre. This is consistent with the other projects approved along Sunnybrook Road. The proposal meets the shoreland ordinance. A 2.7 acre outlot will be dedicated to the City for protection ofthe creek corridor. This would be consistent with the 1975 Purgatory Creek Corridor Study. A condition of this project is the dedication of a conservation easement over the rear portions of the lots abutting the wetland and flood plain. Tree loss is 33.8%. A tree replacement plan is provided for 115 caliper inches. Planning Commission Recommendation: The Planning Commission unanimously recommended approval of the proposal at its September 22, 1997 meeting. Parks, Recreation, and Natural Resources Commission Recommendation: The Parks, Recreation, and Natural Resources Commission will be reviewing the proposal at its October 6, 1997 meeting. Supporting Reports: 1. Resolution for Preliminary Plat 2. Staff Report dated 9-5-97 3. Planning Commission Minutes dated 9-8-97, 9-22-97 , VILLAS AT PURGATORY CREEK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAS AT PURGATORY CREEK FOR HARTFORD CAPITAL BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Villas at Purgatory Creek for Hartford Capital dated September 30, 1997, consisting of 9.8 acres into 15 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions ofthe Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of October, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: September 5,1997 SUBJECT: Villas at Purgatory Creek APPLICANT: Hartford Capital OWNER: Gerald and Cynthia Wersal, Michael J. Farrell, and Thomas H. Lapic LOCATION: Sunnybrook Road REQUEST: 1. 2. Rezoning from Rural to RI-13.5 on 9.8 acres. Preliminary Plat of9.8 acres into 15 lots and 1 outlot. · .:. .... '. 'T: : .... ':"':'.:.' .'. Staff Report Villas at Purgatory Acres September 5, 1997 BACKGROUND The site is currently guided low density residential and open space. Surrounding land is guided low density residential and open space. The site is currently zoned rural. Surrounding land is zoned rural and Rl-13.5. SITE PLAN RESIDENTIAL The site plan shows the subdivision of9.8 acres into 15 lots at a gross density of 1.53 units per acre. The net density, exclusive of Outlot A, 2.42 units per acre. The following table presents a comparison of this project to the other projects that have been approved along Sunnybrook Road: Project ~ Units Gross Net Ave. FIDod~lain Density Density Lot Size Fill Villas at Purgatory 9.3 15 1.53 2.42 17,993 1,500 cu. yds. Sunnybrook Woods 4.0 7 1.75 1.75 18,950 0 Purg. Creek Estates 4.9 7 1.47 2.5 15,271 1,560 cu. yds. Purgatory Acres 3.5 7 2.02 2.27 17,854 0 All of the lots meet the lot size and lot frontage requirements ofthe Rl-13.5 zoning district. SHORELAND ORDINANCE The shore1and area is defined as land within 300 feet of the bank of the channel of Purgatory Creek. The shore land area affects the proposed lots abutting the creek. All of these lots meet the 13,500 sq. ft. minimum lot size and 120 foot lot width requirement of the ordinance. In addition, all lots meet the required 100 foot setback from the Creek. No alteration is proposed within the 50 foot shore impact zone. PURGATORY CREEK MASTER PLAN The 1975 Purgatory Creek Master Plan recommended a conservation and transition area along the entire length of Purgatory creek. The conservation area is a "no build zone" and the transition 2 Staff Report Villas at Purgatory Acres September 5, 1997 area is a "build with care" zone. The City and land owners have cooperated over the years to follow the intent and purpose ofthe plan, and with a few and minor exceptions has kept grading and development out of the conservation zone. Grading and building has been permitted if there is a no net loss of conservation area, or if land is dedicated to the City. The Purgatory Creek Estates project to the east had the rear portions of three lots in the conservation area and dedicated 2 acres to the City as a trade. The dedication of the 2.71 acre Outlot A can be considered a tradeoff for the rear portion oflots 3,4, 7 and 8 in the conservation area. No alteration is proposed within the conservation area. GRADING AND TREE LOSS A total of 1,500 cu. yds. offill is proposed within the flood plain. The Watershed District will approve fill if it does not impede the flow of water. Based on the Watershed District criteria, a total of3,520 cu. yds. offill could be permitted for this project. The City has approved flood plain fill in limited amounts. A total of 1,560 cu. yds. offill was approved for the Purgatory Creek Estates project east of this site. The amount of fill proposed is consistent with the amount of fill previously approved. The existing wetland area has been delineated for the site. The proposal will not impact any wetland areas. Staff recommends that a scenic and conservation easement be located over all wetland and remaining flood plain areas of the property. There are 753 caliper inches of significant trees on the property. Tree loss is calculated at 33.8% or 255 caliper inches. This compares to the average tree loss of30% for residential projects. Tree replacement required is 115 caliper inches. A tree replacement plan for 115 caliper inches is proposed. UTILITIES AND DRAINAGE Sewer and water is available in Sunnybrook Road. A NURP pond is shown on the plan and is outside of the shore impact zone to Purgatory Creek. STAFF RECOMMENDATIONS Staff would recommend approval of the Zoning District Change from Rural to R1-13.5, and Preliminary Plat, based on plans dated September 2, 1997 and subject to the recommendations of the staff report dated September 5, 1997 , and subject to the following conditions: 3 Staff Report Villas at Purgatory Acres September 5, 1997 1. Prior to City Council Review, the proponent shall show a scenic and conservation easement over the existing wetland and remaining flood plain areas on the property. 2. Prior to final plat approval, the proponent shall submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to final plat release and prior to any development on the property, the proponent shall: A. Dedicate Outlot A to the City. B. Record at Hennepin County, a scenic and conservation easement over the wetland flood plain area. 4. Prior to grading, the proponent shall notify the City Engineer, Watershed District, and City Forester. Construction fencing must be in place and approved by the City Forester prior to grading and tree removal. 5. Prior to Building Permit issuance, the proponent shall: A. Pay the appropriate cash park fee. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit a tree replacement bond for review. 4 1 PLANNING COMMISSION MINUTES September 8, 1997 B. VILLAS AT PURGATORY CREEK by Hartford Capital. Request for Rezoning from Rural to Rl-13.5 on 9.8 acres and Preliminary Plat of9.8 acres into 15 lots. Location: Sunnybrook Road. Bill Griffith, 1500 Norwest Financial Center, representing Hartford Capital Corporation, reviewed the site plan and grading plan for this proposal noting it is consistent with what's been approved in the area. They proposed a conservation easement to cover all the wetland areas and all the significant environmental features. The developer has proposed to make a voluntary dedication of outlot A which is 2.7 acres. This would retain all the significant features including Purgatory Creek and the green space would be covered under the conservation easement. There is a shore land setback of 100 feet from the top of the creek bed and also a 50 foot shore impact zone from the top of the creek where no development can occur. The storm water holding pond and water quality pond was moved and modified in discussion with staff to insure it was completely out of the shore impact zone. The project contains 15 single family home sites on 9.8 acres ofland. The home sites are a minimum of 13,500 square feet oflot size with an average closer to 18,000 square feet. The project was designed to be built without variances. The land use is for low density residential and that would be unchanged. This allows for up to density of 2.5 units per acre and this project is at 1.53 units per acre. Tree loss is at 33.8 percent which is average for single family developments. He reviewed comparison charts of this project with other projects in the area noting the overall project was consistent with what's already been approved in the area. Trip generation will result in 140 to 150 trips per day and the roadway system in place . can handle that. There is a 100 foot setback to the south of the project which is an important environmental feature and will not be disturbed. It serves as a dual purpose. It protects the water quality of the creek by creating a large natural barrier and it also creates a green strip between the creek and the area to the south. Therefore, all residential areas to the south and future generations will have a dedicated outlot creating a barrier and buffer to future development. Kipp reviewed the staff report with the Commission. He noted this project was very comparable to the other projects that have been approved along Sunnybrook Road. The project does comply with the shore land ordinance, lot size, setbacks, and shore land impact zone. They are proposing to dedicate the outlot and provide a conservation easement over the portion of the sensitive site. They will be conforming with the Purgatory Creek Conservation area that was established back in 1975. The dedication of the outlot can be considered a tradeoff for the rear portion of lots 3,4,7, and 8 in the conservation area. Tree loss is consistent with the projects in the area. 7 PLANNING COMMISSION MINUTES September 8, 1997 Staff recommended approval. Sandstad expressed concern about a large maple tree and suggested moving the roadway to accommodate that tree. Perry Ryan, architect, indicated that would result in a major modification and explained why it was not feasible. The public hearing was opened. Robert Claus, 12491 Sunnybrook Road, noted his home is right in front of lot 2. He has lived there for over five years and his grandmother lived there for over 20 years. He was concerned about the area behind this project because there is lots of nature out there and is a natural pathway for deer, fox and ducks. He suggested eliminating lot 5, block 1, because then the street could be moved up with the houses and it would save some of the flood plain fill. He recommended moving the house proposed behind his home up to the street, making it consistent with the rest of the development and it would save a lot of trees back there. This would give the homes bigger lots with better views and increasing the value of the homes. The flood plain is being needlessly filled in. He expressed concern if the culvert proposed in the comer of his lot would eliminate any drainage problems. He knows for a fact that a culvert sometimes freezes up and the water right now comes to the edge of his property. He was concerned about snow removal because the proposed driveway is only 8-10 feet away from his lot line. He has a septic tank in the back and was concerned about problems with the City and whether he would be responsible to hook up with City utilities. He was also concerned that the staff report stated the conservation area is a "no build zone" and the next page said the dedication of the outlot can be considered a tradeoff for the rear portion of lots 3,4,7, and 8 in the conservation area. Kipp explained the Purgatory Creek study provided a framework for preserving a corridor along the creek and to minimize impacts beyond that. It's not a mandated line but a guide to work from. He added that no structures are proposed within the conservancy area, only the rear portion of those lots. Lee Smith, 12500 Sunnybrook Road, commented the back of every lot is in the back of the flood plain and was opposed to building houses in the flood plain. She was also concerned about the culvert working effectively to eliminate drainage concerns. She asked how far apart are these houses were proposed. Kipp replied Rl-13.5 zoning district permits homes to be as close as 10 feet on one side for a total of 25 feet for both sides. Libby Hargrove, 12640 Sunnybrook Road, noted she has lived across the street for 8 q PLANNING COMMISSION MINUTES September 8, 1997 37 years. She said their road has a uniqueness and that's why it has not been developed until now. This parcel of land seems to conform in fit and provide a reasonable nice development to look at. She supported the project. A resident from 9248 Hearthstead Lane commented he is a new homeowner and bought his home in August. He referred to comments made that Sunnybrook Woods had a tree loss of 40 percent. He explained this was a substantial loss of trees but they were all dead or dying trees. The developer did replant 80 to 90 new trees to accommodate the loss. He has driven by the property in question and saw the beautiful 36 inch maple and commented they don't have trees in that area because of developments like this. He was also concerned about the wildlife that use the old apple orchard and the old grove of trees. This will be a loss of viable useful trees in that area. Even ifthe project is approved and requires replanting of trees, it will be 2 to 4 year old trees replacing 20 to 50 year old trees. He was concerned about how future homeowners will know it's a conservation area and the rules surrounding it. He also expressed concern about whether the City would be responsible if a child drowns or suffers an injury in the side of the creek donated to the City. He said as a taxpayer, he didn't want to be responsible for anyone's injury because the property was donated. He asked what the price range of the homes are anticipated to be. Mr. Brandt, developer, replied between $325,000 and $450,00 to $475,000 which is similar to other homes in the area. Kipp explained the conservation easement is a legal instrument that defines what can and can not be done in the area. The property owners own the land but the City has the easement rights over that conservation area. They would need to obtain a permit from the City to do anything in there. The Parks Department recommendation is to put posts at each side of the property line at the conservation line. The posts will be 2 inch square and will have a decal on them defining the conservation area. It will be tastefully done and will be about two or three feet above the ground. There are ramifications if someone did go in and alter the area and the City can take legal action on those types of infractions. . Gerry Wersal, 12645 Sunnybrook Road, supported the project but was not happy about the 36 inch maple tree being removed. He has a lot of compassion for the wetland area probably more than anything involved in the development. He said he was delighted to see that Mr. Ryan and Mr. Brandt have stayed within the guidelines for the wetlands and the shore land impact zone. He also has compassion for Mr. Claus, but the fact remains that the site is buildable and it's buildable according to what the City has set up in the past with no variances. 9 10 PLANNING COMMISSION MINUTES September 8, 1997 Kipp addressed some of Mr. Claus' concerns noting the Engineering Department has spoken with Mr. Claus about the culvert and how it works. It will be looked at thoroughly at the Engineering Department to make sure it works well. Regarding the lot up to the roadway, the density of this project is consistent with the projects around there. Shifting that house up to the street would certainly involve a large widening of that property in order to make that work and could result in additional tree loss. Based on the consistency of the project with other projects in the area, staffhas not asked for that to take place. The project is meeting code for wetland preservation and shoreland code. Al Gray, City Engineer, commented the septic tank is probably at a point where it may continue to operate in good condition for a number of years but may have some operating problems in the future. If the septic begins to deteriorate and show some signs of improper functioning, rather than major repair, they would require connection to city sewer. Sandstad commented the project does not seem to have any major problems but did not feel comfortable commenting or voting until visiting the site. Alexander concurred with Sandstad. She did encourage the developer to consider doing something with lot #5 which may enable them to save the 36 inch maple tree. Wissner asked if it was feasible to go out to the tree and reconfirm the condition of the tree. Kipp said they can look at it and see if it's feasible. Alexander was concerned about where the driveways are for lots 1, 2, 3, and 4. Griffith said the proposed plan for driveways on lots 1, 2, and 3 go out on Sunnybrook Road and lot 4 will access the internal road. Alexander said the driveways are going out on Sunnybrook Road and asked if that will create traffic problems. Griffith said no. It has not been identified as a concern in the planning process. Foote said he doesn't see any big problems other than lot 2 where the house goes way back. He would like to see the property before voting on it. He supported a continuation. Ismail supported a continuance for two weeks. MOTION 1: Alexander moved, seconded by Ismail, to continue the public hearing for two weeks. Motion carried 6-0. 10 1/ Planning Commission Minutes (Unapproved) September 22, 1997 A continued Public Hearin2 B. VILLAS AT PURGATORY CREEK by Hartford Capital. Request for Rezoning from Rural to Rl-13.5 on 9.8 acres and Preliminary Plat of9.8 acres into 15 lots. Location: Sunnybrook Road. Kipp explained as with the last project, due to the late packet delivery at the last meeting, the Commission listened to the discussion on the project and did continue it until tonight to let the Commission further review the plans. Bill Griffith, representing the developer, said there was an issue about a maple tree on Lot 5 at the last meeting. Stu Fox, the City Forester, and Perry Ryan looked at that issue since that time and they indicated it would not be feasible. He presented a drawing of what it would look like if the road was jogged back 75 feet and explained why it would not work. He said they had spoken with Mr. Fox in which he indicated it would be very difficult to grade anywhere around the tree without killing it because of its size and significant root system that comes out from the tree. The tree is significant but the tradeoff doesn't give the tree a higher survival opportunity. Griffith said ultimately, when you balance that against the development and the lot layout, you end up loosing about two to three home sites to save a 36 inch tree. However, the tree loss on the site is similar and consistent with projects in the creek corridor. Foote was concerned about soil corrections. Perry Ryan, Ryan Engineering, commented at this stage of development they would not have soil reports completed and would not get them completed until prior to construction. Alexander was concerned about the homes being too close to the flood plain area. Griffith said the Watershed District reviews projects for just those kind of concerns but they do have to have the development site with the lowest elevation two feet about the IOO-year flood level. The fill is 42 percent of what could be placed in the floodplain according to the Watershed District. This project is below other projects in terms offill in the flood plain that has been approved in Eden Prairie. This project has been designed variance free and the flood plain issue is something that would be addressed adequately by the Watershed District. He noted staff has reviewed that issue as well. Kipp commented the proposal is consistent with other proj ects within the Sunnybrook area. The staff report has a comparison table which indicates this project is consistent with other projects. The shoreland ordinance has been met and the project does not require any variances. Staff recommended approval of the project. 4 II {l Planninq Commission Minutes September 22, 1997 Wissner was concerned about the legal aspect ifthere should be a water problem after the project has been approved or is it just a, "buyer beware" type of situation. Kipp said if all issues are met, including Watershed review and approval, the property should not have a problem. Foote asked if the City would be responsible if there was a catastrophic flood and one of the homes did have a water problem. Kipp said he didn't know but the Federal Emergency Management Agency has flood maps to determine if it's within a certain flood zone, for flood insurance. Foote said he was hesitant putting the City in any kind of financial risk. Kipp said he would follow up on it. Alexander said the wetland limit is very close to where the homes will be on Lots 3 and 4. She suggested a legal clause in the documents saying if there is a flooding problem in the future the City is in no way liable. Kipp said he can't answer that question. He noted that the Developer's Agreement for the project will control house pad locations according to the pads shown in the plans. Clinton asked about Outlot A. Griffith said the developer has agreed to dedicate Outlot A, which is about 2.7 acres, to the City, and another additional 3/4 of an acre is going to be covered by a conservation easement to protect the wetland. Approximately one-third of this site will be controlled by the City after the development. Habicht asked if they looked at the building pad on Lot 2. Griffith said they did. There are some significant trees on the edge of the wetlands and pulling Lot 2 up will effect the wetlands area and will require cutting additional trees. The drainage pattern would also be changed in this area. All of these issues were taken into account and it appeared that this is still the best location for that house pad. Habicht asked if on Lot 3, the area of the lot between the two wetland areas, will be within the conservation easement. Griffith said it could be and was a good suggestion. They did not propose it but there is no reason to keep it outside the conservation easement. The Public Hearing was opened. Bob Claus, 12491 Sunnybrook Road, noted he lives to the east ofthe development. He emphasized that he was looking forward to nice new homes over there and new families moving in with children. His question was if everything is in Code and there are no variances, does that absolutely make it 100 percent guaranteed it's a good plan. Lot 5 in Block 1 just drives all those other houses back into the flood plain more and 5 Planning Commission Minutes September 22, 1997 creates more fill. Lot 3 in Block 2 is so close to the wetlands and he didn't see a need for a house there. Lot 3 sort of squeezes in so Lot 2 has to be inconsistently jetted out from the rest of the development. Griffith said there was no reason to altering configurations of Lots 2 and 3. That is something more typically done if there were a series of significant tradeoffs but they are coming within the framework that the City has created for developments of this type. Thomas Lapic, 3557 Tara Lane, Woodbury, commented his address used to be 12655 Sunnybrook Road and he is one of the owners of the conforming duplex. It seems significant that not only is this development in spirit with the Comprehensive Plan, it's absolutely within the letter. There are no exceptions, no waivers, no mitigating circumstances. The plan is clean and he stands to gain from this development. He's Lot 8 and he and his wife will be moving back to Eden Prairie and building on that lot. He said the maple tree had been shading his picnic table for many years. He doesn't want to see it go but he will not loose site of the fact it's going to remain a tree area. He encouraged the Commission to approve this project. Cindy Wersal, 12645 Sunnybrook Road, noted their horses graze down in the wetland. They don't want their horses grazing in two feet of water and that's not the kind of wetland it is. This is not a swamp wetland. This is a low land that occasionally gets wet when there's been a lot of rain. Their horses are down there all the time and there isn't a problem with it. Gerry Wersal, 12645 Sunnybrook Road, commented the particular finger of wetland going up into Lot 3 and encroaching on Lot 2 is a very similar type of wetland. A majority of the time it's a dry wetland but go out on a day like today you would probably see some water. It's important to him to look at this whole wetland and flood plain area in context with what they're looking at this year. They are told this year they are not only experiencing the 100-year flood circumstance, but they are experiencing the 500-year circumstance. They are experiencing the same thing along Purgatory Creek, as along the Mississippi and the Minnesota River. To say they are not effected by such major floods would be incorrect. He expressed great concern about the Post Construction. The backyards of another project built on Sunnybrook Road 24 months ago are now wetlands. Lee Smith, 12500 Sunnybrook Road, was concerned about the Post Construction. The very first project built on Sunnybrook Road had trouble. Her other concern is the flood plain because there is no stopping people who have the flood plain in their backyard from altering it. They are taking out vegetation and altering it to the way 6 Planning Commission Minutes September 22, 1997 they want it to be. They moved there in 1967 and the sewer came through shortly after about 1971. They have to stop playing around in there. Foote commented this is not the way he would layout this development. Lot 5 is basically unsellable in some respect but it will sell. The City has set precedents before approving property with flood plain fill. That's part of the problem where you can't say no to the next developer. The project has no variances and meets all the Comprehensive Guide Plan rules. Wissner said a lot of people like to overlook wetlands which definitely gives them privacy so there should be no problem with that lot. They have done a good job and she supported the project. Habicht commented the developer has played within the rules. He felt the Commission has to support it. He was comfortable with this project within the spectrum of other projects ofthis nature. He supported the project. Alexander said since the project does meet requirements and is not asking for any waivers, the Commission should support it. Clinton stated if the project meets all requirements and there are no complications with what the City Code requires, then the Commission should support it. Foote said even though he didn't think the layout was the best it could be, it does meet requirements and the Comprehensive Guide Plan rules. He supported the project. MOTION 1: Alexander moved, seconded by Habicht, to close the public hearing. Motion carried 6-0. MOTION 2: Alexander moved, seconded by Habicht, to recommend to the City Council approval of the request of Hartford Capital for Rezoning from Rural to R1- 13.5 on 9.8 acres based on plans dated September 2, 1997 and subject to the recommendation of the Staff Report dated September 5, 1997. Motion carried 6-0. MOTION 3: Alexander moved, seconded by Habicht, to recommend to the City Council approval of the request of Hartford Capital for Preliminary Plat of 9.8 acres into 15 lots based on plans dated September 2, 1997 and subject to the recommendations of the Staff Report dated September 5, 1997. Motion carried 6-0. 7 To: From: Date: Subject: BACKGROUND: Memorandum Parks. Recreation and Natural Resources Commission Stuart A. FO~nager of Parks and Natural Resources October 2, 1997 Supplemental Staff Report to the September 5, 1997 Community Development Staff Report for the Villas at Purgatory Creek This site is located along Sunnybrook Road and involves 9.8 acres. Currently, the property is zoned rural and is guided low density residential. The site is proposed to combine three parcels ofland to create 15 lots and one outlot. NATURAL RESOURCE ISSUES: Tree Loss Currently, on the site there are 753 diameter inches of significant trees as defined by City Code. The trees include a nwnber of landscape planted trees such as spruce, maple, ash, and birch. In addition, there are a nwnber of cottonwoods, oaks, and basswoods are growing along the shore of Purgatory Creek. Most of the trees that will be lost due to grading and construction on the site are located around the existing homes on the property. A total of19 trees would be removed with a totalof255 diameter inches. The percentage of significant trees lost is calculated at 33.8%. City Code requires mitigation and replacement totaling 115 caliper inches of trees. The proposed landscaping plan indicates that a total of 115 caliper inches of trees would be placed along the street boulevard. The replacement would be 38, three inch diameter trees. Staff would recommend that the trees that are planted be similar in species to the upland trees and that they be planted back of the right-of-way by a minimum of five feet. NURPPond A NURP pond is proposed to collect the street and driveway runoff from this project and pretreat the water prior to discharge into Purgatory Creek. Storm water calculations for construction and sizing of the ponds have to be confirmed by the City Engineering Department prior to construction. Shoreland Ordinance -Wetland Issues All of the lots meet the required size and lot width requirements of the City Ordinance. In addition, the homes proposed meet the 100 foot required setback from the center line of Purgatory Creek. This development does propose 1,560 cubic yards of fill in the floodplain to provide building pad locations and transition grades on the site. This proposed fill is almost identical to fill that took place east of this project with the development of Purgatory Creek Estates. The fill has been reviewed and approved by the Watershed District. The proponent would be required to utilize erosion fencing to protect the shoreline and floodplain areas during grading. Scenic Conservation Easement -Outlot Dedication The slopes along Purgatory Creek have been earmarked for a scenic conservation easement. Staff have recommended that the scenic and conservation easement be located over all areas designated as wetland and the remaining floodplain area of the proposed development. Staff would recommend that permanent posts be utilized to delineate the scenic conservation area on the lots. These posts should be installed when the final site grading is complete. The proponent has agreed to dedicate Outlot A (2.71 acres) to the City of Eden Prairie. City ownership of this outlot is consistent with the overall Comprehensive Park Plan. SidewalkslTrails Currently, with the upgrading of Sunny brook Road there is a sidewalk proposed along the north side of Sunny brook Road. No sidewalk or trails are required within the interior of this proposed development. RECOMMENDATION: This project was reviewed at the September 22, 1997 Planning Commission Meeting and was approved on a 6-0 vote. Staff would recommend approval of this project by the Parks, Recreation and Natural Resources Commission based the details covered in the September 5, 1997 Community Development Staff Report and additional details in this supplemental report. SAF:mdd PurvillaslStuart97 I~ October 2, 1997 Dr. Jean Harris Mayor of Eden Prairie Eden Prairie City Hall 8080 Mitchell Road Eden Prairie MN 55344 Dear Mayor Harris: I am writing in regards to the "Villas At Purgatory Creek" development which will be addressed during the City Council meeting on October 7, 1997. My family lives at 12491 Sunnybrook Road, and our property borders with the west side of Lotl, Block 2, and the north side of Lot 2, Block 2. We want to begin by saying we are for a development on the Wersal property. We believe that a property owner should have the opportunity to optimize his/her land value when selling, if codes and all guidelines are followed, as this developments plans have demonstrated. However, we also believe that a neighborhood and properties bordering a proposed development should not be negatively affected. Individuals and families staying in the neighborhood should have the opportunity to take care of and optimize their property, and property values. We have a few concerns regarding this proposed development and how it impacts our existing property. We would like the council to review and address these issues. For items #1 and #2 listed below, we would like to request in writing (for our personal files) from the city who is responsible, and in what time frame a solution would be completed, if there is an alteration to our property. 1. Drainage A. Lot 2, Block 2 will require fill. Our property slopes to the Southwest. During spring the snow melts creating standing water that is extremely close to our property. With the proposed fill for Lot 2 and Lot 2s extremely long driveway we are concerned about what will happen when spring thaw occurs and where the water will go. There is a proposed 12 foot culvert that will supposedly take care of this problem, but what if it doesn't, and we are forced to have a saturated back yard because of this new development? B. We are uncertain about Lot 1, Block 2, in regards of its slope and drainage. If this lots property, due to how the landscape is constructed, drains to a point which causes a problem on our property, what will be done. IL{ 2. Septic System and Well A. Our house currently is using a septic system which has been problem free. We plan on continuing use of this septic system until it is found to be in non-working order. Our septic system has its drain field and leach bed south of our property directly toward Lot 2. We are concerned about the possibility of our septic system being altered by the construction of Lot 2. B. Our house is also currently using a well which has been problem free. We do not plan to hook up to City water until our well is in non working order. The water was tested in July 1997 and was found to be uncontaminated by the City of Edina. Our concern is with the entire development disturbing and altering our well in some way so we would be forced to hook up to city water. 3. Preservation of trees and wildlife. Realizing the proposed development doesn't require any variances or exceed flood plain fill codes, we only want to make a suggestion. We would like to suggest that the Council and developer review the following modifications to the development which would save mature trees and preserve a lot of nature. If it is feasible to the developer and makes good sense hopefully it would be seriously considered. 1. Eliminate Lot 5, Block 1. By doing this the road could be moved northwards, thus moving all the back lots northwards further away from Purgatory Creek, the floodplain, and wetlands. 2. Eliminate Lot 3, Block 2. This would create two opportunities. It removes a house which is extremely close to the wetlands. It also allows for all lots to be larger, and makes available Lot 2, Block 2 to be moved up consistently with the rest of the development (Lot 2, Block 2 currently has an extremely long driveway -approximately 170 feet). We hope by the elimination of the two houses (5 and 3), the loss of revenue in selling these two houses would be offset by less costs in the form of labor, materials and fill, and gained revenue by creating larger lots claiming higher prices. The modification would preserve trees and the abundant wildlife. If the modifications are unacceptable we would like to suggest the developer do one of two things between our property and Lot 2. To create a natural buffer between Lot 2s property and our property, if 10 to 15 feet of Lot 2s property, which borders our property, could be left alone (not destroy any of the current mature trees in this 10 to 15 foot area). Or, transplant mature trees marked for removal from other lots, onto the border of Lot 2s property and our property, also would create a natural buffer between the two Lots. We feel strongly that this would be advantageous to both Lot 2s prQPerty and our property. We appreciate the time you spend reviewing our concerns and suggestions. Sincerely, (//?~-t ~cJC·7cuW L~Gv;r--.. ", Robert and Carrie Claus 12491 Sunnybrook Road 15' CITY COUNCIL AGENDA DATE: SECTION: Public Hearings/Meetings October 7, 1997 DEPARTMENT: Finance ITEM DESCRIPTION: Ordinance amending Chapter 4, Sections 4.22, 4.33, and 4.41 ITEM NO. v.~ Background: Changes to Chapter 4 "Beer, Wine and Liquor Licensing and Regulation": 3.2 Beer Wine Liquor Hours of Sale Present 12 noon Sunday to 1 a.m. Monday 10 a.m. Sunday to 12 midnight Sunday 10 a.m. Sunday to 1 a.m. Monday New 10 a.m. Sunday to 1 a.m. Monday 10 a.m. Sunday to 1 a.m. Monday No change References to "bowling centers" are eliminated since this provision is no longer needed. These changes will bring the City Code into conformance with MN State statutes. The hours for sale of alcoholic beverages would now be the same for all beverages: 8 a.m. to 1 a.m. the next day -Monday through Saturday 10 a.m. Sunday to 1 a.m. Monday for Sunday sales A notice of public hearing was published in the September 25 issue of the EP News. ActionlDirection: Close public hearing and approve first reading of the proposed ordinance. October 7, 1997 Page 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 BY REMOVING SECTION 4.01, SUBDIVISION 21, DEFINING BOWLING CENTER, AMENDING SECTION 4.06, SUBDIVISION 4 BY REMOVING THE REFERENCE TO BOWLING CENTER, AMENDING SECTIONS 4.22,4.32, AND 4.41 RELATING TO THE DAYS AND HOURS OF BEER, WINE, AND LIQUOR SALES, AMENDING SECTION 4.33, RELATING TO SUNDAY SALES, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WIDCH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The City Code is amended by removing Section 4.01, Subd. 21. Section 2. The City Code is amended by amending Section 4.06, Subd. 4 in its entirety as follows: "Subd. 4. Principal Part of Business. A licensed restaurant shall be conducted in such manner that the principal part of the business for a license year is the serving of foods. A hotel shall be conducted in such manner that, of that part of the total business attributable to or derived from the serving offoods and intoxicating liquors, the principal part of the business for a licensee is the serving offoods. "Principal part" shall mean fifty percent (50%) or more of the gross receipts. " Section 3. The City Code is amended by amending Section 4.22 in its entirety as follows: "Beer may be sold between the hours of8:00 a.m. and 1:00 a.m. of the following day for the six days beginning Monday morning at 8:00 a.m. and ending on Sunday morning at 1 :00 a.m. A restaurant, hotel, or club may also sell beer for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sunday and 1 :00 a.m. on Monday provided that the licensee is in conformance with the Minnesota Clean Air Act (M.S. §144.411 et seq (1990)." Section 4. The City Code is amended by amending Section 4.32 in its entirety as follows: "Liquor may be sold between the hours of8:00 a.m. and 1 :00 a.m. of the following day for the six days beginning Monday morning at 8:00 a.m. and ending on Sunday morning at 1 :00 a.m. A restaurant, hotel, or club may also sell liquor for consumption on the premises in conjunction with the sale offood between the hours of 10:00 a.m. on Sunday and 1:00 a.m. on Monday provided that the licensee is in conformance with the Minnesota Clean Air Act (M.S. §144.411 et seq (1990)." Section 5. The City Code is amended by amending Section 4.33 in its entirety as follows: "A Sunday on-sale liquor license may be issued to hotels, restaurants or clubs, as herein defined, which have on-sale licenses and which also have facilities for serving not less than one hundred (100) guests at one time, and said licensee may serve liquor between the hours of 10:00 a.m. on Sundays and 1 :00 a.m. on Mondays in conjunction with the serving offood provided the hotel, restaurant or club is in conformance with the Minnesota Clean Air Act (M.S. §144.411 et seq (1990)." Section 6. The City Code is amended by amending Section 4.41 in its entirety as follows: "Sales of wine may be made between the hours of8:00 a.m. and 1:00 a.m. of the following day for the six days beginning Monday morning at 8:00 a.m. and ending on Sunday morning at 1 :00 a.m. A restaurant, hotel or club may also sell wine for consumption on the premises in conjunction with the sale offood between the hours of 10:00 a.m. on Sunday and 1 :00 a.m. on Monday provided that the licensee is in conformance with the Minnesota Clean Air Act (M.S. §144.411 et seq (1990)." Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violations" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the ___ day of , 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. City Clerk Mayor PUBLISHED in the Eden Prairie News on the ___ day of ______ -', 1997. e!de!n ~ralrll:~ DEPARTMENT: Finance CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM DESCRIPTION: Payment of Claims Checks 56231 to 56875 Action/Direction: Approve Payment of Claims I DATE: 10/07/97 ITEM NO. VI. COUNCIL CHECK SUMMARY 30-SEP-l997 (l3:27) DIVISION TOTAL ------------------------------------------------------------------------------------------------------------------------ N/A CONTINGENCY LEGISLATIVE GENERAL SERVICES EMPLOYEE BENEFITS CITY MANAGER HUMAN RESOURCES COMMUNITY SERVICE ENGINEERING INSPECTIONS FACILITIES ASSESSING CIVIL DEFENSE POLICE FIRE ANIMAL CONTROL STREETS & TRAFFIC PARK MAINTENANCE PARKS CAPITAL OUTLAY STREET LIGHTING FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY DEV COMMUNITY CENTER BEACHES HISTORICAL YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION RECREATION ADMIN ADAPTIVE REC OAK POINT POOL ARTS PUBLIC IMPROV PROJ SPECIAL ASSESSMENTS CITY CENTER SW METRO TRANSIT SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS PRESERVE WATER DEPT SEWER DEPT STORM DRAINAGE AGENCY FUNDS ADA $9,478.96 $5,42l.50 $5,036.72 $37,769.98 $l3,344.40 $3l. 63 $6,H7.72 $4l. 26 $l,862.52 $l,248.02 $8,622.56 $289.0l $26.48 $29,063.34 $28,794.33 $l49.63 $27,893.40 $l6,260.06 $54.26 $94,097.0l $2l,6l8.52 $6,l50.l4 $293.75 $23,947.78 $l50.40 $3,5l0.00 $6, 52l. 09 $l,685.49 $7,425.39 $l87.8l $l56.5l $9l4.76 $lOO.OO $206,782.07 $284,077.08 $8,949.77 $65.54 $20,532.23 $77,907.46 $7l,H3.86 $l34,9l4.05 $33.6l $70,l68.8l $407,354.38 $17,963.4l $3,657.90 $l25.00 $l,66l,909.60* 2- COUNCIL CHECK REGISTER 30-SEP-1997 (13:27) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 56231 56232 56237 56238 56249 56252 56264 56269 56278 56280 56281 56282 56283 56284 56285 56286 56287 56288 56289 56295 56296 56297 56298 56299 56300 56301 56302 56303 56304 56307 56308 56309 56310 56311 56312 56313 56314 56315 56316 56317 56318 56319 56320 56321 56322 56323 56324 56325 56326 56327 56328 56329 56330 56332 56333 $853.81 $12,056.82 $766.39 $53,150.75 $3,100.86 $41,783.39 $10,853.47 $21,650.97 $15,080.99 $1,786.71 $799.05 $125.00 $200.00 $995.00 $901.58 $100.00 $200.00 $815.00 $2,681. 97 $7,430.50 $200.00 $45.00 $664.07 $385.00 $1,050.00 $717.00 $3,075.50 $35.00 $496.84 $45,318.64 $285.00 $796.50 $594.47 $37.63 $169.60 $34.00 $43.00 $28.00 $50.00 $44.00 $3.50 $58.00 $27.03 $3.50 $50.00 $350.00 $32.50 $125.00 $36.00 $19.95 $50.00 $5,531.46 $875.22 $137.05 $22.50 BELLBOY CORPORATION EAGLE WINE COMPANY GRAPE BEGINNINGS JOHNSON BROTHERS LIQUOR CO PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WINE COMPANY, THE WORLD CLASS WINES INC 1997 NATIONALS BOSACKER, MIKE CADCAM ENGINEERING SYSTEMS CARVER COUNTY COURTHOUSE CLARK, ELLIOT FEDERAL RESERVE BANK OF MPLS GARRY, LYNN GENUINE PARTS COMPANY GREAT WEST LIFE AND ANNUITY HARRIS, JEAN HCMC/DOMESTIC VIOLENCE HENNEPIN COUNTY SUPPORT AND LEBLANC, ERIC LOCAL 49 OPERATING ENGINEERS MINN STATE RETIREMENT SYS MINNESOTA MUTUAL LIFE MINNESOTA TEAMSTERS CREDIT UNI PROEX PHOTO SYSTEMS PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT QUALITY INN RAINBOW FOODS -CHARGES STUMPS ONE PARTY PLACE UNITED WAY ANDERSON, MARK ARSENAULT, CARL BARTHOLOMEW, BRIDGET BUSCH, JUDITH DEMANN, JIM DIVINSKI, LINDA DONNA, PAULA DOROFF, LYNNE ELLIASON, TARA FAGERHAUG, LYNN FAHEYS HARNESS SHOP FAIRVIEW EDEN CENTER CLINIC GASCH III, ROBERT GERMUNDSON, MICHELLE GOVERNING HEPPELFINGER, JANINE I.C.M.A. RETIREMENT TRUCT-457 KRAEMERS HARDWARE INC LAUZIERE, BRENDA LOKEN, SANDY MERCHANDISE FOR RESALE WINE DOMESTIC WINE IMPORTED WINE DOMESTIC BEER CASES WINE DOMESTIC WINE DOMESTIC WINE DOMESTIC BEER 6/12 WINE IMPORTED WINE IMPORTED SCHOOLS SCHOOLS SOFTWARE GARNISHMENT WITHHELD VIOLATION FEES BOND DEDUCTION SCHOOLS EQUIPMENT PARTS DEFERRED COMP CONFERENCE SCHOOLS GARNISHMENT WITHHELD SCHOOLS CONFERENCE DEFERRED COMP DEFERRED COMP CREDIT UNION PHOTO SUPPLIES PERA WITHHELD LIFE INSURANCE W/H SCHOOLS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL UNITED WAY WITHHELD RFND YOUTH TRIP RFND SWIM LESSONS RFND GYMNASTICS ROUND LAKE PAVILION SCHOOLS RFND SWIM LESSONS RFND SWIM LESSONS REPAIR & MAINT SUPPLIES RFND SWIM LESSONS FACILITIES RENTAL OTHER CONTRACTED SERVICES STARING LAKE BUILDING RENTAL OTHER CONTRACTED SERVICES RFND PRIVATE SWIM LESSONS DUES & SUBSCRIPTIONS FACILITIES RENTAL DEFERRED COMP REPAIR & MAINT SUPPLIES MILEAGE AND PARKING RFND SWIM LESSONS PRAIRIE VILLAGE LIQUOR #1 PRAlRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAlRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS POLICE POLICE STORM DRAINAGE FD 10 ORG SOFTBALL GAMBLING RCTS 1% POLICE WATER SYSTEM MAINTENANCE FD 10 ORG IN SERVICE TRAINING POLICE FD 10 ORG POLICE IN SERVICE TRAINING FD 10 ORG FD 10 ORG FD 10 ORG ASSESSING-ADMIN FD 10 ORG FD 10 ORG POLICE OUTDOOR CTR PROGRAM SPECIAL EVENTS FD 10 ORG SPECIAL EVENTS/TRIPS OAK POINT LESSONS FALL SKILL DEVELOP SPECIAL EVENTS POLICE OAK POINT LESSONS OAK POINT LESSONS ROUND LAKE POOL LESSONS OUTDOOR CTR PROGRAM SUNBONNET DAYS SPECIAL EVENTS SUNBONNET DAYS POOL LESSONS IN SERVICE TRAINING OUTDOOR CTR PROGRAM FD 10 ORG WATER TREATMENT PLANT TREE DISEASE OAK POINT LESSONS COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 5633'4 56335 56338 56340 56341 56342 56345 56346 56347 56348 56349 56350 56351 56352 56353 56354 56355 56356 56357 56358 56359 56360 56361 56362 56363 56364 56365 56366 56367 56368 56369 56370 56371 56372 56373 56374 56375 56376 56377 56378 56379 56382 56383 56384 56385 56386 56387 56388 56389 56391 56392 56393 56394 56395 56396 $6.25 $810.36 $373.89 $19.50 $23.00 $109,917.94 $50.00 $285.00 $168.00 $5.00 $72.00 $62.24 $304.00 $3,812.95 $3.50 $129.74 $150.00 $122.57 $20.00 $860.00 $3,222.10 $187.75 $220.00 $2,665.00 $23.00 $48.00 $5.95 $47.91 $22.37 $53.05 $60.00 $647.73 $40.00 $116.25 $88.17 $2,223.84 $9,667.75 $29.00 $109.25 $200.00 $986.23 $345.00 $7,055.50 $25,958.48 $664.07 $444.99 $3.98 $5,531.46 $14,813.62 $61,853.22 $13.64 $45.95 $717.00 $220.00 $3,170.50 VENDOR MARZA, KIMBERLY MENARDS MERLINS ACE HARDWARE MILLER, PAMELA MORRISON, JEAN NORTHERN STATES POWER CO PECOS RIVER PJS SERVICES & PRODUCTS ROBICHONS THE IN-LINE SKATE SC SMITH, TRACEY STELBERG, YVONNE SYSTEM CONTROL SERVICES TIE COMMUNICATIONS INC US WEST COMMUNICATIONS VAUGHAN, GARRY W GORDON SMITH COMPANY, THE WESTACOTT, JOEL BLY, ERIC COLUMBIA HEIGHTS, CITY OF MINNESOTA STATE FAIR VALLEYFAIR ABBOTT OFFICE SYSTEMS AMERICAN PAYROLL ASSOCIATION AMERICAN WATER WORKS ASSOCIATI ANDERSON, LISA ANDERSON, SHARON BERG, SCOTT BOHN, GERALD BRATTON, CARL CAMAS-SHIELY DIVISION CARLON, JOHN CARVER COUNTY COURTHOUSE CHOY, SUSAN CORDES, JEFFREY CUB FOODS EDEN PRAIRIE DAHLHEIMER DISTRIBUTING COMPAN DAY DISTRIBUTING ENDRES, MATT ENGER, CHRIS FEDERAL RESERVE BANK OF MPLS G & K SERVICES-MPLS INDUSTRIAL GRAY, ALAN GREAT WEST LIFE AND ANNUITY HEALTHPARTNERS HENNEPIN COUNTY SUPPORT AND HENNEPIN COUNTY HULL, REBECCA I.C.M.A. RETIREMENT TRUCT-457 MARK VII MEDICA CHOICE MEYER, NICOLE MILES, BRADLEY MINN STATE RETIREMENT SYS MINNESOTA GIS/LIS CONFERENCE MINNESOTA MUTUAL LIFE 30-SEP-1997 (13:27) DESCRIPTION RFND FLAVORED VINEGARS REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES RFND SWIM LESSONS RFND SWIM LESSONS ELECTRIC AMPHITHEATRE RENTAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES RFND FITNESS PUNCH CARD RFND PRIVATE SWIM LESSONS CONTRACTED EQUIP REPAIR TELEPHONE TELEPHONE RFND SWIM LESSONS MOTOR FUELS OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES CONFERENCE EMPLOYEE AWARD DEPOSITS OFFICE SUPPLIES DUES & SUBSCRIPTIONS DUES & SUBSCRIPTIONS RNFD SWIM LESSONS RFND SKATING LESSONS DEPOSITS EMPLOYEE AWARD RFND SWIM LESSONS GRAVEL DEPOSITS GARNISHMENT WITHHELD SCHOOLS MILEAGE AND PARKING OPERATING SUPPLIES-GENERAL BEER 6/12 BEER 6/12 RFND SWIM LESSONS TRAVEL BOND DEDUCTION OPERATING SUPPLIES-GENERAL CONFERENCE DEFERRED COMP COBRA COSTS/REV GARNISHMENT WITHHELD WASTE DISPOSAL OPERATING SUPPLIES-GENERAL DEFERRED COMP BEER 6/12 COBRA COSTS/REV TRANSPORTATION DEPOSITS DEFERRED COMP CONFERENCE DEFERRED COMP PROGRAM ADULT PROGRAM WATER SYSTEM MAINTENANCE EPCC MAINTENANCE POOL LESSONS OAK POINT LESSONS STORMWATER LIFTSTATION SPECIAL EVENTS SUNBONNET DAYS SUMMER SKILL DEVELOP FITNESS CLASSES POOL LESSONS WATER TREATMENT PLANT GENERAL WATER UTILITY-GENERAL OAK POINT LESSONS EQUIPMENT MAINTENANCE SUNBONNET DAYS ROUND LAKE MARINA IN SERVICE TRAINING HUMAN RESOURCES ESCROW GENERAL IN SERVICE TRAINING IN SERVICE TRAINING ICE ARENA ICE ARENA ESCROW HUMAN RESOURCES OAK POINT LESSONS STREET MAINTENANCE ESCROW FD 10 ORG FITNESS CLASSES TREE DISEASE FIRE PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 OAK POINT LESSONS IN SERVICE TRAINING FD 10 ORG WATER TREATMENT PLANT IN SERVICE TRAINING FD 10 ORG BENEFITS FD 10 ORG PARK MAINTENANCE OAK POINT OPERATIONS FD 10 ORG LIQUOR STORE CUB FOODS BENEFITS PROGRAM SUPERVISOR ESCROW FD 10 ORG IN SERVICE TRAINING FD 10 ORG COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 56397 56398 56399 56400 56401 56402 56403 56404 56405 56406 56407 56408 56409 56410 56411 56412 ,56413 56414 56415 56416 56417 56418 56419 56420 56421 56422 56423 56424 56425 56426 56427 56428 56429 56430 56431 56432 56433 56434 56435 56436 56437 56438 56439 56440 56441 56442 56443 56444 56445 56446 56447 56448 56449 56450 56451 $35.00 $150.00 $50.00 $37.16 $73.38 $45,635.42 $110.00 $136.87 $40.00 $24.00 $670.38 $3.00 $40.00 $169.60 $56.70 $40.00 $180.26 $25.50 $20.00 $120.00 $35.00 $28.00 $3.33 $43.75 $25.50 $13.71 $28.00 $25.00 $47.00 $47.69 $25.00 $28.00 $14.40 $48.00 $30.00 $12.00 $45.00 $672.50 $87.49 $12.00 $45.00 $15.21 $52.00 $35.00 $14.00 $50.00 $25.00 $381. 77 $240.00 $138.90 $36.40 $90.28 $45.00 $25.00 $56.87 VENDOR MINNESOTA TEAMSTERS CREDIT UNI MN RURAL WATER ASSN MN SECTION AWWA 0' CONNOR, KATHLEEN PAPER WAREHOUSE PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT AS RASMUSSEN, LISA REGISTRAR 1606 RUSINKO, MARY SEGAL, CINDY SHEEHAN, ELISE THOREN, THOMAS UNITED WAY URAM, DONALD VAASSEN, ROSETTA VIKING ELECTRIC SUPPLY WAGNER, MARGARET WOMEN IN LEISURE SERVICES ASSOCIATION OF METRO MUNICIPAL BENGTSON, ELVA BERNHARDSON, KATHY BLOMGREN, CINDY EASTON, SUSAN ENDRES, KATHY FERNANDES, DENISE FISCHER, KIMBERLY FITZGERALD THEATRE FREY, SANDRA GAIDA, LINDSEY HAMRE, CYNTHIA HUANG, NATHAN HUTCHINS, SHIRLEY KOLLA, SUMA MAHADEVAN, SUMITHA MARZA, JOSE MCCAW, KEVIN MINN BLUE DIGITAL SALLY DISTRIBUTORS SEIDENSTRICKER, MARIANNE SHEEHAN, ELISE SHOTWELL" SUE WAGNER, RON WALKER, ANN WElL, SUSAN BERGELAND, KAY BUSINESS HEALTH SERVICES CONNEY SAFETY PRODUCTS EDEN PRAIRIE CRIME FUND KEN ANDERSON TRUCKING KISTNER, MATT LANZI, BOB MCCARTHY, CHERYL MINNESOTA PRIMA OLSEN CHAIN & CABLE CO INC 30-SEP-1997 (13:27) DESCRIPTION CREDIT UNION CONFERENCE CONFERENCE EMPLOYEE AWARD OPERATING SUPPLIES-GENERAL PERA WITHHELD PERA WITHHELD MILEAGE AND PARKING CONFERENCE RFND SKATING LESSONS SCHOOLS ADULT/YOUTH/OUTDOOR CTR PROG DEPOSITS UNITED WAY WITHHELD SCHOOLS SCHOOLS OPERATING SUPPLIES-GENERAL RFND SWIM LESSONS DUES & SUBSCRIPTIONS TRAVEL RFND ADULT TRIP RFND DANCELINE RFND MUNCHKIN TENNIS RFND SKATING LESSONS RFND SWIN LESSONS RFND SWIM LESSONS RFND ACTIVITY CAMP SLEEPOVER SPECIAL EVENTS FEES RFND KIDS KORNER OPERATING SUPPLIES-GENERAL RFND GYMNASTICS RFND ACTIVITY CAMP SLEEPOVER RFND BRYANT LAKE DAY CAMP RFND ADULT GOLF RFND ADULT TENNIS RFND ADULT TENNIS RFND YOUTH ROLLER HOCKEY CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL RFND ADULT TENNIS RFND YOUTH ROLLER HOCKEY RFND SWIM LESSONS RFND ADULT GOLF RFND ADULT TRIP RFND ACTIVITY CAMP SLEEPOVER STARING LAKE BUILDING RENTAL CONFERENCE CLEANING SUPPLIES CONFERENCE PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES REC EQUIP & SUPPLIES RFND YOUTH ROLLER HOCKEY CONFERENCE EQUIPMENT PARTS PROGRAM FD 10 ORG WATER UTILITY-GENERAL IN SERVICE TRAINING HUMAN RESOURCES RECREATION ADMIN FD 10 ORG FD 10 ORG YOUTH TENNIS IN SERVICE TRAINING ICE ARENA IN SERVICE TRAINING FALL SKILL DEVELOP ESCROW FD 10 ORG IN SERVICE TRAINING FITNESS CLASSES STREET LIGHTING POOL LESSONS IN SERVICE TRAINING IN SERVICE TRAINING ADULT PROGRAM FALL SKILL DEVELOP YOUTH TENNIS ICE ARENA POOL LESSONS OAK POINT LESSONS ACTIVITY CAMP ADULT PROGRAM KIDS KORNER ACTIVITY CAMP FALL SKILL DEVELOP ACTIVITY CAMP DAY CAMP FALL SKILL DEVELOP FALL SKILL DEVELOP FALL SKILL DEVELOP FALL SKILL DEVELOP ENGINEERING DEPT SOCIAL FALL SKILL DEVELOP FALL SKILL DEVELOP POOL LESSONS FALL SKILL DEVELOP ADULT PROGRAM ACTIVITY CAMP SPECIAL EVENTS IN SERVICE TRAINING WATER TREATMENT PLANT IN SERVICE TRAINING ANIMAL WARDEN PROJECT TEEN WORK PROGRAM TOUCH FOOTBALL FALL SKILL DEVELOP IN SERVICE TRAINING SEWER SYSTEM MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 56452 56453 56454 56455 56456 56457 56458 56460 56461 56462 56463 56464 56474 56475 56476 56477 56478 56479 56480 56481 56482 56484 56485 56486 56487 56488 56489 56490 56491 56492 56493 56494 56495 56496 56497 56498 56499 56500 56501 56502 56503 56504 56505 56506 56507 56508 56509 56510 56511 ~ 56512 56513 56514 56515 56516 56517 $100.00 $27.30 $30.55 $65.00 $21.30 $424.00 $338.00 $62.93 $220.68 $175.00 $65.00 $25.00 $138.16 $262.44 $107.88 $615.91 $28,026.00 $18.60 $72.24 $800.00 $1,307.96 $30.00 $197.67 $3.33 $11.00 $20.33 $42.00 $28.00 $27.72 $28.00 $25.00 $14 .40 $17.00 $3.50 $23.00 $74.54 $50.00 $63.95 $5,475.54 $14.00 $100.00 $40.00 $135.00 $300.00 $50.00 $18.00 $1,266.00 $20.00 $39.50 $41.46 $125.69 $353.03 $39.50 $31.17 $19.00 VENDOR PIZNER, PAUL REESE, COREY SALENGER, SETH SEELEY, MELLISSA A TO Z RENTAL CENTER ASE/ACT EDEN PRAIRIE ROTARY CLUB HELLING, LAURIE HUTCHINS, BRUCE LEAGUE OF MINNESOTA HUMAN RIGH MRPA PRESERVATION ALLIANCE OF MN ANCHOR PAPER COMPANY CONNEY SAFETY PRODUCTS CRACAUER, CLIFF GE CAPITAL HUNERBERG CONSTRUCTION COMPANY MEINZER, JULIE PETTY CASH-POLICE DEPT WEST SUBURBAN COLUMBUS CREDIT AIRTOUCH CELLULAR ASSOCIATION OF METRO MUNICIPAL AT&T BLOMGREN, CINDY BOCKMILLER, LAURIE CARLSON, SUSAN DREHER, PATRICIA FISCHER, KIMBERLY GORDON, WHITNEY HUANG, NATHAN HUNTER, WENDY HUTCHINS, SHIRLEY MARZA, JOSE MULLEADY, MARY PERSONS, PATTY SCHEPERS, JACK SENSIBLE LAND USE COALITION* SORENSON, ROD US WEST COMMUNICATIONS WElL, SUSAN AWWA GOVERNMENT TRAINING SERVICE LAKE COUNTRY CHAPTER MAAO CONFERENCES ATTN P KNUTSO SORENSEN, ED UNITED WAY ALL SAINTS BRANDS DISTRIBUTING ALLMANN, ANDY ARNOLD, MIKE BELLBOY CORPORATION BEST BUY -MINNETONKA BILL CLARK OIL CO INC BOHN, SANDRA BRODIN, JACKIE CHOO, KYUNG 30-SEP-1997 (13:27) DESCRIPTION OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES ROUND LAKE PAVILION EQUIPMENT RENTAL EQUIPMENT TESTING & CERT DUES & SUBSCRIPTIONS MILEAGE AND PARKING SCHOOLS CONFERENCE CONFERENCE MISCELLANEOUS OFFICE SUPPLIES TRAINING SUPPLIES MILEAGE AND PARKING RENTALS BUILDING MILEAGE AND PARKING POSTAGE CREDIT UNION TELEPHONE TRAVEL TELEPHONE RFND MUNCHKIN TENNIS RFND SKATE LESSONS RFND DANCE RFND SKATE LESSONS RFND ACTIVITY CAMP SLEEPOVER OPERATING SUPPLIES-GENERAL RFND ACTIVITY CAMP SLEEPOVER RFND GYMNASTICS BRYANT LAKE DAY CAMP RFND CANOEING RFND SWIM LESSONS RFND ADULT SWIM LESSONS OPERATING SUPPLIES-GENERAL TRAVEL OPERATING SUPPLIES-GENERAL TELEPHONE RFND ACTIVITY CAMP SLEEPOVER DUES & SUBSCRIPTIONS CONFERENCE CONFERENCE CONFERENCE TRAVEL CONFERENCE BEER 6/12 CONFERENCE RFND SKATING LESSONS BEER 6/12 OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES RFND SKATING LESSONS RFND SKATING LESSONS RFND ARCHERY PROGRAM STARING LAKE CONCERT TEEN WORK PROGRAM TEEN WORK PROGRAM SPECIAL EVENTS PRESERVE LIQUOR #2 EQUIPMENT MAINTENANCE IN SERVICE TRAINING RECREATION ADMIN IN SERVICE TRAINING COUNCIL IN SERVICE TRAINING COUNCIL GENERAL HUMAN RESOURCES EQUIPMENT MAINTENANCE GENERAL CUB FOOD STORE CONSTRUCTION POLICE GENERAL FD 10 ORG SEWER UTILITY-GENERAL IN SERVICE TRAINING GENERAL YOUTH TENNIS ICE ARENA FALL SKILL DEVELOP ICE ARENA ACTIVITY CAMP DAY CAMP ACTIVITY CAMP FALL SKILL DEVELOP DAY CAMP OUTDOOR CTR PROGRAM POOL LESSONS POOL LESSONS LIQUOR STORE CUB FOODS IN SERVICE TRAINING STREET MAINTENANCE SEWER LIFTSTATION ACTIVITY CAMP WATER UTILITY-GENERAL IN SERVICE TRAINING IN SERVICE TRAINING IN SERVICE TRAINING IN SERVICE TRAINING IN SERVICE TRAINING PRAIRIE VILLAGE LIQUOR #1 WATER UTILITY-GENERAL ICE ARENA LIQUOR STORE CUB FOODS FITNESS CLASSES WATER TREATMENT PLANT ICE ARENA ICE ARENA FALL SKILL DEVELOP COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 56518 56519 56520 56521 56522 56523 56527 56528 56529 56530 56531 56532 56533 56534 56535 56536 56538 56539 56540 56541 56542 56543 56544 56545 56546 56547 56548 56549 56551 56552 56553 56554 56555 56556 56557 56558 56560 56561 56562 56564 56565 56566 56567 56568 56569 56570 56571 56572 56573 56574 56575 56576 56577 56578 56581 $235.00 $107.18 $701. 87 $1,668.30 $39.50 $10,650.79 $60.00 $500.00 $400.00 $19.50 $30.00 $40.00 $54.75 $45.90 $133.92 $9,789.29 $71.65 $1,630.95 $75.00 $124.00 $11.57 $20.00 $805.40 $83.32 $350.00 $10.00 $15.00 $20,595.70 $130.57 $19.50 $160.00 $92.50 $161.20 $55.00 $21. 99 $444.13 $82.23 $958.00 $100.00 $234.60 $1,004.72 $272 .00 $22.00 $800.00 $2,377.40 $700.00 $615.91 $10.00 $526.49 $4,024.80 $626.86 $314.95 $300.00 $37,095.20 $975.20 VENDOR COCKSON, MIKE CONNEY SAFETY PRODUCTS CUB FOODS EDEN PRAIRIE DAHLHEIMER DISTRIBUTING COMPAN DANCE, NANCY DAY DISTRIBUTING EDEN PRAIRIE CRIME FUND ELK RIVER GERMAN BAND FAHEY, LARRY GALLAGHER, SHERYL GOVERNMENT TRAINING SERVICE GRINDELAND, MATT HOLIDAY INN -EVELETH JOHNSON BROTHERS LIQUOR CO KASTIGAR, ELYCE MARK VII MEEKER, VIRGINIA 30-SEP-1997 (13:27) DESCRIPTION CONTRACTED REPAIR & MAINT CLEANING SUPPLIES OPERATING SUPPLIES-GENERAL BEER 6/12 RFND SKATING LESSONS BEER 6/12 CONFERENCE OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES RFND IN LINE SKATING CONFERENCE CONFERENCE SCHOOLS BEER 6/12 MILEAGE AND PARKING BEER 6/12 RFND ADULT MEMBERSHIP MIDWEST COCA COLA BOTTLING COM MISC TAXABLE MRPA CONFERENCE NAPA HOPE LOAN RECEIVABLE ORTNER, MARIKO PENZENADLER, MARK & BETH PEPSI COLA COMPANY PETERSON, KIMBERLIE S G EDELWEISS ST PAUL SCHULTZ, HERBERT SHEEHAN, ELISE THORPE DISTRIBUTING WEBSTER, SETH WEINER, PAMELA WESTACOTT, JOEL WINE COMPANY, THE CONLEY, JOHN GFOA HENNING, LAURIE MENARDS PETTY CASH-POLICE DEPT SOUTHWEST SUBURBAN PUBLISHING TIMBER LODGE STEAK HOUSE US POSTMASTER -HOPKINS US POSTMASTER -HOPKINS AARP 55 ALIVE MATURE DRIVING BENHARDUS, EUNICE CADCAM ENGINEERING SYSTEMS CANADA LIFE ASSURANCE COMPANY FRANZEN, LARRY GE CAPITAL GOLDEN VALLEY, CITY OF MN VALLEY ELECTRIC COOPERATIVE PRUDENTIAL HEALTHCARE GROUP RICOH CORPORATION US WEST COMMUNICATIONS WEST CENTERAL MASONRY EAST SIDE BEVERAGE COMPANY 20TH CENTURY PLASTICS RFND SWIMMING LESSONS RFND GREAT RIDE EP MISC TAXABLE RFND ADULT MEMBERSHIP OTHER CONTRACTED SERVICES RFND GREAT RIDE EP RFND BLADE-O-RAMA BEER 6/12 MILEAGE AND PARKING RFND IN LINE SKATING OTHER CONTRACTED SERVICES BEER 6/12 CLOTHING & UNIFORMS DUES & SUBSCRIPTIONS CLOTHING & UNIFORMS OPERATING SUPPLIES-GENERAL POSTAGE LEGAL NOTICES PUBLISHING AWARDS POSTAGE POSTAGE SPECIAL EVENTS FEES RFND COLORED PENCIL DRAWING SOFTWARE DISABILITY IN EMPLOYERS LAND RENTAL RENTALS TRAVEL ELECTRIC LIFE INSURANCE EMPLOYERS RENTALS TELEPHONE DEPOSITS BEER 6/12 OPERATING SUPPLIES-GENERAL 1 PROGRAM STORM DRAINAGE WATER TREATMENT PLANT FIRE LIQUOR STORE CUB FOODS ICE ARENA PRAlRE VIEW LIQUOR #3 IN SERVICE TRAINING SPECIAL EVENTS SPECIAL EVENTS FALL SKILL DEVELOP IN SERVICE TRAINING WATER UTILITY-GENERAL FIRE PRAlRE VIEW LIQUOR #3 AQUATICS & FITNESS SUPERV PRAIRE VIEW LIQUOR #3 COMMUNITY CENTER ADMIN LIQUOR STORE CUB FOODS ADAPTIVE RECREATION hope auto repair OAK POINT LESSONS OUTDOOR CTR PROGRAM PRAIRIE VILLAGE LIQUOR #1 COMMUNITY CENTER ADMIN SPECIAL EVENTS OUTDOOR CTR PROGRAM FALL SKILL DEVELOP PRAlRE VIEW LIQUOR #3 TREE DISEASE FALL SKILL DEVELOP SPECIAL EVENTS PRAIRE VIEW LIQUOR #3 POLICE IN SERVICE TRAINING POLICE PRAIRE VIEW LIQUOR #3 GENERAL GENERAL BOCCE SENIOR CENTER PROGRAM WATER ACCOUNTING SENIOR CENTER PROGRAM SENIOR CENTER PROGRAM STORM DRAINAGE FD 10 ORG DEER CONSULTANT GENERAL IN SERVICE TRAINING STORMWATER LIFTSTATION FD 10 ORG GENERAL GENERAL ESCROW LIQUOR STORE CUB FOODS INSPECTION-ADMIN COUNCIL CHECK REGISTER 30-SEP-1997 (13:27) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM -----------------.------------------------------------------------------------------------------------------------------- 56582 56583 56584 56585 56586 56587 56588 56589 56590 56591 56592 56593 56594 56595 56596 56597 56598 56599 56600 56601 56603 56604 56605 56606 56607 56611 56612 56613 56614 56615 56616 56617 56618 56619 56620 56621 56622 56623 56624 56625 56626 56627 56628 56629 56630 56631 56632 56633 56634 56636 , 56637 56638 56639 56640 56641 $129.49 $301.80 $12,260.50 $863.01 $363.76 $5,265.48 $1,943.34 $186.85 $23.72 $148.04 $278.00 $45.00 $2,767.69 $80.89 $151.30 $50.00 $864.00 $1,211.70 $1,044.27 $2,009.95 $670.95 $1,042.53 $412.50 $246.64 $5,840.64 $29,606.53 $81.41 $434.95 $234.00 $3,964.75 $106.19 $19.04 $800.00 $2,480.65 $2,600.00 $1,207.23 $584.97 $288.02 $31.63 $248.60 $420.68 $375.24 $559.50 $30.00 $30.00 $26.14 $201. 60 $179.45 $1,937.00 $726.05 $904.84 $6,688.06 $37.28 $920.00 $204.15 A TO Z RENTAL CENTER AAA LAMBERTS LANDSCAPE PRODUCT ABLE CONCRETE RAISING INC AIR POWER EQUIPMENT CORPORATIO AMERICAN LINEN SUPPLY COMPANY AMERICAN WATER WORKS ASSOCIATI ANCHOR PAPER COMPANY ANCHOR PRINTING COMPANY AQUA ENGINEERING INC ARMOR SECURITY INC ASPEN CARPET CLEANING ATOM AVR INC B & STOOLS BACONS ELECTRIC COMPANY BAHR, JENNIFER BARTZ, JEFF BAUER BUILT TIRE AND BATTERY BECKER ARENA PRODUCTS INC* BELLBOY CORPORATION BENIEK LAWN SERVICE BENSHOOF & ASSOCIATES INC BERGIN AUTO BODY INC BEST WESTERN BIFFS INC BLACK & VEATCH BLOOMINGTON LOCK AND SAFE BLR INC BRANDT, LEE BRAUN INTERTEC CORPORATION BROADWAY AWARDS BSN SPORTS BURTON EQUIPMENT INC CAPITOL COMMUNICATIONS CARDARELLE, FRANK CARLSON REFRIGERATION CO CARLSON TRACTOR AND EQUIPMENT CATCO CLUTCH & TRANSMISSION SE CCH INCORPORATED CEMSTONE CLAREYS INC CLEAN SWEEP INC CLUTS 0 BRIEN STROTHER ARCHITE CODE ADMINISTRATION & INSPECTI COMPUTER CHEQUE OF MINNESOTA I CONNEY SAFETY PRODUCTS CONSTRUCTION MARKET DATA GROUP CONSTRUCTION MATERIALS INC COOL AIR MECHANICAL INC COPY EQUIPMENT INC CORPORATE AUTO RENTALS INC CUTLER-MAGNER COMPANY D J'S MUNICIPAL SUPPLY INC DALCO ROOFING & SHEET METAL IN DALCO EQUIPMENT RENTAL REPAIR & MAINT SUPPLIES MUDJACKING CURBS WASTE DISPOSAL OTHER CONTRACTED SERVICES TRAINING SUPPLIES OFFICE SUPPLIES PRINTING EQUIPMENT PARTS REPAIR & MAINT SUPPLIES CONTRACTED BLDG MAINT SCHOOLS REPAIR & MAINT SUPPLIES EQUIPMENT PARTS EQUIPMENT PARTS SCHOOLS OTHER CONTRACTED SERVICES EQUIPMENT PARTS REPAIR & MAINT SUPPLIES MISC TAXABLE OTHER CONTRACTED SERVICES DESIGN & CONST CONTRACTED REPAIR & MAINT SCHOOLS WASTE DISPOSAL DESIGN & CONST REPAIR & MAINT SUPPLIES DUES & SUBSCRIPTIONS OTHER CONTRACTED SERVICES CONST TESTING-SOIL BORING OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OTHER EQUIPMENT CONTRACTED REPAIR & MAINT CONTRACTED BLDG REPAIRS FURNITURE & FIXTURES EQUIPMENT PARTS CONTRACTED REPAIR & MAINT OFFICE SUPPLIES BUILDING MATERIALS EQUIPMENT TESTING & CERT OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES LICENSES & TAXES OTHER CONTRACTED SERVICES TRAINING SUPPLIES LEGAL NOTICES PUBLISHING ASPHALT OVERLAY CONTRACTED BLDG REPAIRS OPERATING SUPPLIES-GENERAL EQUIPMENT RENTAL CHEMICALS IMPROVEMENT CONTRACTS CONTRACTED BLDG REPAIRS CLEANING SUPPLIES PRESERVE LIQUOR #2 WATER SYSTEM MAINTENANCE DRAINAGE FIRE STATION #1 PRAlRE VIEW LIQUOR #3 WATER UTILITY-GENERAL GENERAL COMMUNITY CENTER ADMIN WATER SYSTEM MAINTENANCE EPCC MAINTENANCE EP CITY CTR OPERATING COSTS POLICE STORM DRAINAGE WATER METER REPAIR WATER TREATMENT PLANT POLICE VOLLEYBALL EQUIPMENT MAINTENANCE ICE ARENA PRAIRIE VILLAGE LIQUOR #1 PARK MAINTENANCE E.P. TRANSPORTATION PLAN EQUIPMENT MAINTENANCE POLICE ROUND LAKE 10 MGD WATER PLANT EXPANSION EP CITY CTR OPERATING COSTS STORM DRAINAGE SOFTBALL SUNNYBROOK RD W HOMEWARD HtLLS ICE ARENA DAY CAMP WATER TREATMENT PLANT POLICE HERITAGE PRESERVATION LIQUOR STORE CUB FOODS EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE CITY MANAGER STARING LAKE WATER UTILITY-GENERAL PARK MAINTENANCE MARKETCENTER STREETS CAPE WATER TREATMENT PLANT PRAIRIE VILLAGE LIQUOR #1 HUMAN RESOURCES SIGNALS 169/ .FOUNTAIN PLACE STREET MAINTENANCE EP CITY CTR OPERATING COSTS ENGINEERING DEPT OUTDOOR CTR PROGRAM WATER TREATMENT PLANT TRAILS FIRE STATION #2 WATER TREATMENT PLANT COUNCIL CHECK REGISTER 30-SEP-1997 (13:27) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 56642 56643 56644 56645 56646 56647 56648 56649 56650 56651 56652 56653 56654 56655 56656 56657 56658 56659 56660 56661 56662 56663 56664 56665 56666 56667 56668 56669 56670 56671 56672 56673 56674 56676 56677 56678 56679 56680 56681 56682 56683 56684 56685 56686 56687 56688 56689 56690 56691 56693 56694 56695 56696 56697 56698 $126.34 $105.33 $1,155.53 $2,685.00 $391. 72 $19,554.67 $570.89 $90.53 $344.19 $830.00 $100.00 $20.00 DANKO EMERGENCY EQUIPMENT CO DATAFILE DAVEY TREE EXPERT CO, THE DPC INDUSTRIES INC DYNA SYSTEMS E F JOHNSON CO EARL F ANDERSEN INC ECOLAB INC ECONOMICS PRESS INC, THE EDEN PRAIRIE CHAMBER OF COMMER EDEN PRAIRIE HORSEMAN EDEN PRAIRIE NEWS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES CHEMICALS EQUIPMENT PARTS OTHER EQUIPMENT SIGNS CONTRACTED REPAIR & MAINT DUES & SUBSCRIPTIONS DUES & SUBSCRIPTIONS OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL $2,056.56 EDEN PRAIRIE SCHOOL DISTRICT N TRANSPORTATION $4,784.00 EDINA, CITY OF DUES & SUBSCRIPTIONS $1,635.00 EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL $179.14 ELVIN SAFETY SUPPLY INC REPAIR & MAINT SUPPLIES $218.61 $449.18 $5,839.40 $125.00 $61.11 $371.53 $328.86 $797.98 $274.73 $944.98 $1,028.94 $359.97 $165.50 $223.41 $254.32 $115.05 $672.50 $406.60 $29.82 $500.00 $792.50 $52.25 $446.80 $244.27 $43.23 $58.96 $200.00 $500.44 $94.50 $896.38 $5,000.00 $3,048.13 $132.00 $288.00 $27.50 $301. 00 $969.00 $293.75 $1,017.00 EMS ENERGY MANAGEMENT INC ESS BROTHERS & SONS INC* EVAN TERRY ASSOCIATES PC FARIBAULT REGIONAL CENTER FASTSIGNS FERRELLGAS FIBRCOM FIRE INSTRUCTORS ASSOCIATION 0 FISHER SCIENTIFIC FLANAGAN SALES INC FLOYD TOTAL SECURITY FLYING CLOUD ANIMAL HOSPITAL FORESTRY SUPPLIERS INC. FREUND CAN COMPANY G & K SERVICES DIRECT PURCHASE G & K SERVICES-MPLS INDUSTRIAL GARTNER REFRIGERATION ~ MFG IN GE CAPITAL INFORMATION TECHNOL GEIGER PHD, STEVEN GENERAL OFFICE PRODUCTS COMPAN GENERAL SAFETY EQUIPMENT COMPA GETTMAN COMPANY GINA MARIAS INC GLENROSE FLORAL AND GIFT SHOPS GLENWOOD INGLEWOOD GOAR, TERRY GOODYEAR COMMERCIAL TIRE & SER GOPHER STATE ONE-CALL INC GREATER MINNEAPOLIS AREA CRAPT HAMLINE UNIVERSITY HANSEN THORP PELLINEN OLSON HANUS BUS CO INC HEADRICK, JEFFREY HEAVENLY HAM HENDERSON, JOSH HENNEPIN COUNTY SHERIFF HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER EQUIPMENT PARTS REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES IMPROVEMENT CONTRACTS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES MOTOR FUELS COMMUNICATIONS TRAINING SUPPLIES OPERATING SUPPLIES-GENERAL FURNITURE & FIXTURES OTHER CONTRACTED SERVICES CANINE SUPPLIES OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES CLOTHING & UNIFORMS CLOTHING & UNIFORMS REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES PHOTO SUPPLIES EQUIPMENT PARTS MISC TAXABLE POLICE EQUIPMENT EMPLOYEE AWARD REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES TIRES OTHER CONTRACTED SERVICES TRAINING SUPPLIES PROFESSIONAL SERVICES DESIGN & CONST TRANSPORTATION OTHER CONTRACTED SERVICES TRAVEL OTHER CONTRACTED SERVICES BOARD OF PRISONERS SVC OPERATING SUPPLIES-GENERAL BOARD OF PRISONERS SVC q PROGRAM FIRE INSPECTION-ADMIN WATER TREATMENT PLANT WATER TREATMENT PLANT WATER TREATMENT PLANT FIRE TRAFFIC SIGNS EPCC MAINTENANCE IN SERVICE TRAINING IN SERVICE TRAINING FIRE COMMUNITY CENTER ADMIN SPECIAL EVENTS/TRIPS COUNCIL TREE REMOVAL ICE ARENA WATER TREATMENT PLANT ICE ARENA WATER SYSTEM MAINTENANCE ADA PROGRAMS PARK MAINTENANCE LIQUOR STORE CUB FOODS ICE ARENA POLICE FIRE WATER TREATMEN'J' PLANT EP CITY CTR OPERATING COSTS PRAIRIE VILLAGE LIQUOR #1 POLICE TREE DISEASE WATER TREATMENT PLANT POOL LESSONS WATER TREATMENT PLANT ICE ARENA ENGINEERING DEPT POLICE WATER TREATMENT PLANT EQUIPMENT MAINTENANCE LIQUOR STORE CUB FOODS POLICE HUMAN RESOURCES FITNESS CENTER ICE ARENA EQUIPMENT MAINTENANCE WATER SYSTEM MAINTENANCE POOL LESSONS 96 CLG GRANT 27-96-11101A.008 BIRCH ISLAND ACRES 2ND ADD TEEN WORK PROGRAM SOFTBALL POLICE SOFTBALL POLICE COMMUNITY DEVELOPMENT POLICE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 56699 56700 56701. 56702 56703 56704 56705 56706 56707 56708 56709 5671.0 5671.1. 5671.2 5671.3 5671.4 5671.5 5671.6 5671.7 5671.8 5671.9 56720 56721. 56722 56723 56724 56725 56726 56727 56728 56729 56730 56731. 56732 56733 56734 56735 56736 56737 56738 56739 56740 56741. 56743 56744 56745 56746 56747 56748 56749 56750 56751. 56752 56753 56754 $365.00 $1.,250.00 $50.00 $1.,805.1.7 $988.86 $1.06,31.7.09 $61..25 $1.,1.06.60 $1.00.00 $1.57.83 $63.45 $281..02 $1.,929.87 $1.38.00 $27.83 $300.00 $769.46 $23.23 $460.60 $3,533.31. $29,685.30 $1.,61.5.65 $26.00 $1.5.00 $520.00 $1.,259.27 $5.59 $2,1.42.00 $487.34 $1.,429.70 $60.00 $576.1.9 $42.50 $260.00 $4,624.68 $468.00 $800.00 $40.00 $393.81. $227,393.00 $1.21..73 $570.50 $7,474.1.7 $21.7.26 $1.90.74 $66.59 $83.94 $1.9,084.00 $62.80 $51..57 $246.1.4 $1.,009.62 $208.00 $551.. 97 $330.09 VENDOR HENNEPIN PARKS HENNEPIN TECHICAL COLLEGE HENNING, LAURIE HIRSHFIELDS PAINT MANUFACTURIN HOLOGRAPHIC LABEL CONVERTING I HUNERBERG CONSTRUCTION COMPANY IKON OFFICE SOLUTIONS INTERNATIONAL SUNPRINTS INC INTL ASSOC OF ARSON INVESTIGAT ITS A KEEPER J H LARSON ELECTRICAL COMPANY JACK EDWARD ANDERSON ARCHITECT JANEX INC JET-BLACK SEALCOATING & REPAIR KAY PARK-REC CORPORATION KENNETH COMPANIES INC KOCH SULFER PRODUCTS KOSS LAB SAFETY SUPPLY INC* LAKE REGION VENDING 30-SEP-1.997 (1.3:27) DESCRIPTION SPECIAL EVENTS FEES SCHOOLS SCHOOLS OPERATING SUPPLIES-GENERAL FIRE PREVENTION SUPPLIES IMPROVEMENT CONTRACTS RENTALS CLOTHING & UNIFORMS DUES & SUBSCRIPTIONS EMPLOYEE AWARD REPAIR & MAINT SUPPLIES CANINE SUPPLIES CLEANING SUPPLIES SEAL COATING CONTRACTED REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES CHEMICALS REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES TOBACCO PRODUCTS LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE LEAGUE OF MINNESOTA CITIES INS INSURANCE LYNN PEAVEY COMPANY POLICE EQUIPMENT M SHANKEN COMMUNICATIONS INC* MAACO AUTO PAINTING & BODYWORK MACQUEEN EQUIPMENT INC MARKS HWY 5 AMOCO MARTIN-MCALLISTER MASTER CRAFT LABELS INC MASYS CORPORATION MATTS AUTO SERVICE INC MAXI-PRINT INC MCCALLA, JACOB MCGREGOR, RANDY ME2 INC MEDICINE LAKE TOURS METRO EROSION INC METRO LEGAL SERVICES INC METRO SALES INCORPORATED METROPOLITAN COUNCIL ENVIRONME METROPOLITAN FORD MIDLAND EQUIPMENT COMPANY MIDWEST ASPHALT CORPORATION MIDWEST TELETRON INC MINN BLUE DIGITAL MINNCOMM PAGING MINNESOTA CONWAY MINNESOTA DEPT OF HEALTH MINNESOTA PIPE AND EQUIPMENT* MINNESOTA WANNER COMPANY MTI DISTRIBUTING CO NATIONAL CAMERA EXCHANGE NORD, DOUG NORTH STAR ICE NORTHLAND BUSINESS SYSTEMS MISC TAXABLE CONTRACTED REPAIR & MAINT EQUIPMENT PARTS MOTOR FUELS PHYSICAL & PSYCO EXAM FIRE PREVENTION SUPPLIES CONTRACTED COMM MAINT PROFESSIONAL SERVICES PRINTING OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES CONTRACTED BLDG REPAIRS SPECIAL EVENTS FEES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OFFICE SUPPLIES WASTE DISPOSAL EQUIPMENT PARTS EQUIPMENT PARTS GRAVEL FURNITURE & FIXTURES OPERATING SUPPLIES-GENERAL COMMUNICATIONS REPAIR & MAINT SUPPLIES MISCELLANEOUS REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES EQUIPMENT PARTS OTHER EQUIPMENT OTHER CONTRACTED SERVICES MISC TAXABLE OFFICE SUPPLIES 10 DAY CAMP POLICE POLICE PROGRAM PARK MAINTENANCE FIRE COMMUNITY CTR KOO FIRE COMMUNITY CENTER ADMIN FIRE HUMAN RESOURCES FIRE STATION #2 FEDERAL FORFEITURE-DRUGS FIRE STATION #2 STREET MAINTENANCE ROUND LAKE MARINA CEMETERY OPERATION WATER TREATMENT PLANT MILLER PARK WATER TREATMENT PLANT PRAIRIE VILLAGE LIQUOR #1. CRIMINAL PROSECUTION GENERAL POLICE PRAlRE VIEW LIQUOR #3 EQUIPMENT MAINTENANCE STORM DRAINAGE EQUIPMENT MAINTENANCE HUMAN RESOURCES FIRE POLICE POLICE POLICE BASKETBALL SOFTBALL EP CITY CTR OPERATING COSTS ADULT PROGRAM RILEY LAKE 1.994 REHAB 55041. POLICE SEWER UTILITY-GENERAL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE STREET MAINTENANCE ENGINEERING DEPT ENGINEERING DEPT WATER UTILITY-GENERAL EPCC MAINTENANCE WATER SYSTEM SAMPLE WATER SYSTEM MAINTENANCE PARK MAINTENANCE EQUIPMENT MAINTENANCE POLICE VOLLEYBALL PRAIRIE VILLAGE LIQUOR #1. GENERAL COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 56755 56756 56757 56758 56759 56760 56761 56762 56763 56764 56765 56766 56767 56768 56769 56770 56771 56772 56773 56774 56775 56776 56777 56778 56779 56780 56781 56782 56783 56784 56785 56786 56787 56788 56789 56790 56791 56792 56793 56794 56795 56796 56797 56798 56799 56800 56801 56802 56803 56804 56805 56806 56807 56808 56809 $l48.69 $216.00 $1,145.94 $90.00 $17.70 $1,384.00 $596.08 $929.60 $25.00 $10,321.48 $127.91 $304.75 $536.70 $164.00 $573.36 $38.67 $544.80 $1,055.00 $139.50 $135.00 $265.83 $664.03 $75.21 $310.86 $1,068.00 $107.35 $185.31 $306.00 $275.49 $228.06 $534.91 $253.68 $32,826.61 $28.65 $210.00 $180.99 $45.06 $82.87 $197.63 $540.00 $5,525.67 $31.39 $512.11 $376.17 $344.50 $60.07 $6,521.73 $140.00 $16.06 $251.63 $319.15 $1,150.55 $56.92 $28.70 $2,912.37 VENDOR OHLIN SALES ORTLOFF, HARRY OUTDOOR ENVIRONMENTS INC PANASONIC SERVICES COMPANY PARAGON CABLE PARK NICOLLET CLINIC HEALTHSYS PARKS IDE PRINTING INC PEPSI COLA COMPANY PERSONNEL DECISIONS INTL PETERSON ENVIRONMENTAL CONSULT PETSMART PINNACLE DISTRIBUTING PIONEER PRODUCTS INC PITNEY BOWES INC PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PRESS EXPRESS PRINTERS SERVICE INC PRO SOURCE FITNESS PROCOLOR QUALITY WASTE CONTROL INC QUICKSILVER EXPRESS COURIER R E FRITZ INC RAY, LEE RC IDENTIFICATIONS INC RDO EQUIPMENT CO REAMER, MARK RELIABLE COMMUNICATIONS SERVIC RESPOND SYSTEMS* RIA GROUP RICHARDS ASPHALT COMPANY 30-SEP-1997 (13:27) DESCRIPTION OFFICE SUPPLIES OTHER CONTRACTED SERVICES MOWING REPAIR & MAINT SUPPLIES CABLE TV PERSONNEL TESTING PRINTING MERCHANDISE FOR RESALE COMPARABLE WORTH MAINT PROFESSIONAL SERVICES CANINE SUPPLIES TOBACCO PRODUCTS OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL PRINTING REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES PHOTO SUPPLIES WASTE DISPOSAL POSTAGE OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES OFFICE SUPPLIES EQUIPMENT PARTS OTHER CONTRACTED SERVICES TELEPHONE SAFETY SUPPLIES DUES & SUBSCRIPTIONS PATCHING ASPHALT RIEKE CARROLL MULLER ASSOCIATE DESIGN & CONST ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT ROBICHONS THE IN-LINE SKATE SC OTHER CONTRACTED SERVICES ROGERS SERVICE CO ROLLINS OIL CO S & S WORLDWIDE SCHWAB VOLLHABER LUBRATT SERVI SCHWARTZ, DONALD SHAKOPEE VALLEY PRINTING SHERWIN WILLIAMS CO SISINNI FOOD SERVICE SNAP-ON TOOLS SNELL MECHANICAL INC SOUTHWEST CONTRACTORS SUPPLY SOUTHWEST SUBURBAN CABLE COMMI SSPC STAR TRIBUNE STOFFEL SEALS CORP STRAND MANUFACTURING CO INC STREICHERS STRINGER BUSINESS SYSTEMS INC SUBURBAN CHEVROLET GEO SUBURBAN TIRE & AUTO SERVICE I CONTRACTED REPAIR & MAINT LUBRICANTS & ADDITIVES OPERATING SUPPLIES-GENERAL CONTRACTED BLDG REPAIRS OTHER CONTRACTED SERVICES PRINTING BLDG REPAIR & MAINT MISCELLANEOUS SMALL TOOLS REPAIR & MAINT SUPPLIES SMALL TOOLS CABLE TV DUES & SUBSCRIPTIONS MISC NON-TAXABLE FIRE PREVENTION SUPPLIES CONTRACTED EQUIP REPAIR POLICE EQUIPMENT CONTRACTED REPAIR & MAINT EQUIPMENT PARTS TIRES If POLICE SOFTBALL PROGRAM STREET MAINTENANCE FITNESS CENTER GENERAL FIRE SENIOR CENTER PROGRAM CONCESSIONS HUMAN RESOURCES WETLAND DATABASE DEVELOPMENT POLICE LIQUOR STORE CUB FOODS FIRE GENERAL OAK POINT OPERATIONS STREET MAINTENANCE FIRE FIRE ICE ARENA FITNESS CENTER 10 MGD WATER PLANT EXPANSION FIRE STATION #2 GENERAL FIRE SOFTBALL COMMUNITY CENTER ADMIN EQUIPMENT MAINTENANCE SOFTBALL GENERAL WATER TREATMENT PLANT HUMAN RESOURCES STREET MAINTENANCE SW UTILITY STUDY PHASE II EQUIPMENT MAINTENANCE SUMMER SKILL DEVELOP EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE SPECIAL EVENTS EP CITY CTR OPERATING COSTS SOFTBALL COMMUNITY BROCHURE RED ROCK PARK IN SERVICE TRAINING WATER TREATMENT PLANT EPCC MAINTENANCE PARK MAINTENANCE GENERAL WATER UTILITY-GENERAL PRAIRE VIEW LIQUOR #3 FIRE SEWER LIFTSTATION POLICE GENERAL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 56810 56811 56812 56813 56814 56815 56816 56817 56818 56819 56820 56821 56822 56823 56824 56825 56826 56828 56829 56830 56831 56832 56833 56834 56835 56836 56837 56838 56839 56840 56841 56842 56843 56844 56845 56846 56847 56848 56849 56850 56851 56852 56857 56858 56859 56860 56861 56862 56863 56864 56865 56866 56868 56869 56870 $3,081. 75 $125.00 $646.00 $87.33 $195.27 $5.33 $235.00 $1,072.82 $20.02 $826.33 $138.88 $115.98 $78.66 $121..41 $1,124.64 $384.00 $59.95 $144.10 $116.07 $78.82 $5,386.24 $6,250.00 $4,701. 38 $143.75 $73.64 $41.75 $213.61 $2,263.31. $85.39 $18.08 $14,778.34 $236.92 $1.,751..39 $500.00 $256.31. $1.8.00 $8,371..45 $33.00 $1.42.52 $43.09 $647.73 $1,313.75 $200.00 $24.00 $7,21.5.50 $664.07 $5,471..46 $1,374.00 $38.00 $177,754.50 $71. 7.00 $5,096.53 $3,1.1.5.50 $9,289.39 $35.00 VENDOR SUMMIT ENVIROSOLUTIONS SWEDLUNDS TIE COMMUNICATIONS INC TIERNEY BROS INC TIMBERWALL LANDSCAPING INC TOLL GAS AND WELDING SUPPLY TONKA SEAMLESS GUTTERS TOWN AND COUNTRY DODGE TRIARCO TRUGREEN CHEMLAWN MTKA TWIN CITY OXYGEN CO TWIN CITY VACUUM U S TOY CO/CONSTRUCTIVE PLAYTH UNISTRUT NORTHERN UNLIMITED SUPPLIES INC UPENS, IVARS US CAVALRY US WEST COMMUNICATIONS USA WASTE SERVICES INC VACUUM CLEANER CO VAN WATERS & ROGERS INC VERTEX EXHIBITS VESSCO INC VIKING ELECTRIC SUPPLY VOSS LIGHTING VWR SCIENTIFIC PRODUCTS WASTE MANAGEMENT -SAVAGE WATSON CO INC, THE WESTSIDE EQUIPMENT WESTWELD WINDOW LITE X-ERGON YALE INCORPORATED ZAHN, GERALD ZEE MEDICAL SERVICE ZENNER, KEVIN ARENA SYSTEMS BOY SCOUT TROOP 597 CAMAS-SHIELY DIVISION CARLSON, BRYAN CARVER COUNTY COURTHOUSE DRISKILLS NEW MARKET FEDERAL RESERVE BANK OF MPLS FREY, LYNDELL GREAT WEST LIFE AND ANNUITY HENNEPIN COUNTY SUPPORT AND I.C.M.A. RETIREMENT TRUCT-457 INTERNATIONAL UNION OF OPERATI MERVYNS OF CALIFORNIA METROPOLITAN COUNCIL ENVIRONME MINN STATE RETIREMENT SYS MINNEGASCO MINNESOTA MUTUAL LIFE MINNESOTA STATE TREASURER MINNESOTA TEAMSTERS CREDIT UNI 30-SEP-1997 (13:27) DESCRIPTION PROFESSIONAL SERVICES WASTE DISPOSAL TELEPHONE SIGNS BUILDING MATERIALS EQUIPMENT RENTAL CONTRACTED BLDG REPAIRS CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL CITY CENTER GROUNDS MNTC EQUIPMENT PARTS CLEANING SUPPLIES OPERATING SUPPLIES-GENERAL SIGNS EQUIPMENT PARTS OTHER CONTRACTED SERVICES CLOTHING & UNIFORMS OPERATING SUPPLIES-GENERAL WASTE DISPOSAL REPAIR & MAINT SUPPLIES CHEMICALS PROFESSIONAL SERVICES EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL WASTE DISPOSAL MERCHANDISE FOR RESALE CONTRACTED REPAIR & MAINT EQUIPMENT PARTS CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES SAFETY SUPPLIES OTHER CONTRACTED SERVICES BUILDING SPECIAL COMMUNITY EVENTS GRAVEL MILEAGE AND PARKING GARNISHMENT WITHHELD MERCHANDISE FOR RESALE BOND DEDUCTION TRANSPORTATION DEFERRED COMP GARNISHMENT WITHHELD DEFERRED COMP UNION DUES WITHHELD SPECIAL COMMUNITY EVENTS SYSTEM ACCESS-SEWER DEFERRED COMP GAS DEFERRED COMP BLDG SURCHARGES CREDIT UNION 12 PROGRAM WATER UTILITY-GENERAL OUTDOOR CENTER-STARING LAKE GENERAL TRAFFIC SIGNS STARING LAKE TASTE OF PRAIRIE CUB FOOD STORE CONSTRUCTION EQUIPMENT MAINTENANCE AFTERNOON PLAYGROUND SENIOR CENTER EQUIPMENT MAINTENANCE FIRE STATION #2 SPECIAL EVENTS TRAFFIC SIGNS EQUIPMENT MAINTENANCE VOLLEYBALL POLICE ICE ARENA ROUND LAKE PRAIRE VIEW LIQUOR #3 WATER TREATMENT PLANT 10 MGD WATER PLANT EXPANSION WATER TREATMENT PLANT STREET LIGHTING EPCC MAINTENANCE WATER TREATMENT PLANT PRAIRIE VILLAGE LIQUOR #1 CONCESSIONS EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE 1.995 REHAB 56042 WATER TREATMENT PLANT WATER TREATMENT PLANT VOLLEYBALL POOL OPERATIONS SOFTBALL CC CAPITAL OUTLAY JULY 4TH CELEBRATION STREET MAINTENANCE EPCC MAINTENANCE FD 10 ORG CONCESSIONS FD 1.0 ORG SPECIAL EVENTS/TRIPS FD 1.0 ORG FD 10 ORG FD 10 ORG FD 10 ORG JULY 4TH CELEBRATION SEWER DEPT FD 10 ORG WATER TREATMENT PLANT FD 10 ORG BUILDING SURCHARGE FD 1.0 ORG COUNCIL CHECK REGISTER 30-SEP-1997 (13:27) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 56871 $46,027.82 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 56872 $7,763.76 SUBURBAN CHEVROLET GEO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 56873 $169.60 UNITED WAY UNITED WAY WITHHELD FD 10 ORG 56874 $92.57 WALMART STORES INC POLICE EQUIPMENT POLICE 56875 $48.21 WERTS, SANDY MILEAGE AND PARKING SENIOR CENTER PROGRAM $1,661,909.60* 13 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10-7-97 SECTION: ORDINANCES AND RESOLUTIONS ~ ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger Resolution to Authorize Application for a Metropolitan Michael D. Franzen Council Planning Assistance Grant Requested Council Action: The Staff recommends that the Council take the following action: • Adopt the Resolution to Authorize Application for a Metropolitan Council Planning Assistance Grant. Background: The Metropolitan Council is giving Eden Prairie a grant in the amount of $7,410.00 to complete the Comprehensive Plan Update. The Comprehensive Plan Update must be submitted to the Metropolitan Council by December, 1998. The Planning Commission and City Council will be reviewing the update in July and August, 1998. Supporting Reports: 1. Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. CITY OF EDEN PRAIRIE AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT BE IT RESOLVED, by the Eden Prairie City Council as follows: WHEREAS, Minnesota Statutes sections 473.851 requires local units of government to prepare local comprehensive plans With land use controls that are consistent with planned, orderly and staged development and with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.854 and 473.867 authorize the Metropolitan Council to prepare and adopt guidelines establishing uniform procedures for the award and disbursement of planning assistance grants and loans; and WHEREAS, Minnesota Statutes 473.867 authorizes the Council to give funding to local units of government to review and amend their local comprehensive plans, fiscal devices and official controls; and WHEREAS, the City of Eden Prairie requires a planning assistance grant to complete comprehensive planning activities, specifically for land use and housing. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie's clerk is hereby authorized to submit an application to the Metropolitan Council for a planning assistance grant to update and revise the City's comprehensive plan; and BE IT FURTHER RESOL VED that a certified copy of this resolution shall be submitted with the planning assistance grant application. ADOPTED by the Eden Prairie City Council on the 7th day of October, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEPARTMENT: Finance Background: CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions ITEM DESCRIYfION: Ordinance amending Chapter 5, Section 5.35, Tobacco DATE: October 7, 1997 ITEM NOb.. vn·U These amendments to Chapter 5. Section 5.35 are a result of amendments and additions made to Minnesota statutes during the 1997 legislative session. As prescribed by Minnesota Statute Section 461.19, thirty days prior to the scheduled council meeting at which this ordinance would be considered, current tobacco licensees were notified of the proposed amendments as well as the date, time and meeting place of the City Council. Action/Direction: Recommend approval of frrst reading. October 7, 1997 Page 1 ROBERT I. LANG ROGER A. PAULY DA VlD H. GREGERSON' RlCHARD F. ROSOW MARK J. JOHNSON JOSEPH A. NlLAN' TODD A. SATTLER JENNIFER M. INZ JERRY D. PERRON LANG, PAULY, GREGERSON & ROSOW, LTD. ATTORNEYS AT LAW FIRST BANK PLACE 1600 IBM PARK BUILDING 650 THIRD AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402-4337 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 EDEN PRAIRIE OFFICE SUITE 370 250 PRAIRlE CENTER DRlVE EDEN PRAIRIE, MINNESOTA 55344 TELEPHONE: (612) 829-7355 FAX: (612) 829-0713 REPLY TO MINNEAPOLIS OFFICE "'Also Admitted in Wisconsin TO: Mayor and Council Members THROUGH: Carl Jullie City Manager FROM: DATE: SUBJECT: Roger A. Pauly City Attorney August 28, 1997 ~? 7'1" : :, I 'I--fv! Amendment of City Code Section 5.35 Relating to Sales of Tobacco-Related Products Attached is a draft of amendments to City Code Section 5.35 regulating the sale of tobacco related products. The following amendments are included: 1. Subdivision 2.D. The definition of tobacco-related products has been revised minimally to comply with the definition of tobacco contained in state statutes. As before, the reference to butane lighters and fluids has been retained. 2. Subdivision 4. This subdivision has been amended to reference other provisions of Chapter 5 relating to fees and issuance of licenses on a calendar year basis. 3. Subdivision 5.B. The present Code language permitting sale of cigarette cartons through the use of a single pull alarm dispensing system has been eliminated. In addition, a first sentence has been added permitting sales only in a direct face-to- face exchange between the licensee and the consumer. Elimination of the exception permitting the sale of cigarettes through the use of single pull alarm dispensing systems is required by state law which I understand will become effective on August 28, 1997. The draft amendment also repeals the definition of a single-pull alarm dispensing system. 4. Subdivision 6. There have been added to this subdivision, paragraphs A, B, and C which provide for administrative penalties for sale of tobacco to persons under the age of 18. It should be noted that these penalties may not be imposed without affording the licensee or individual seller an opportunity for a hearing. I have provided that the hearing be before the City Manager or his designee. Paragraph D. of this subdivision retains the language presently contained in Subdivision 6 of the Code and in addition, adds the language relating to failing to pay penalties imposed pursuant to paragraph A of the subdivision. 5. Subdivision 7. Paragraph A has been modified to indicate that the misdemeanor provisions prescribed in Section 5.99 are in addition to the penalties provided in Subdivision 6. 6. Subdivision 9. This is a new paragraph which is based in part upon state law. State law provides as a defense to the penalty provisions contained in Subdivisions 6.A and B that the accused made the sale relying on identification. The enclosed draft makes this a defense in any charge of an infraction under the section (not just the administrative penalty provisions) in the interest of uniformity. rap\wp51Irap\ep\ord\counciI.826 CITY OF EDEN PRAIRIE ORDINANCE NO. __ _ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 5.35, SUBD. 2.D. DEFINING "TOBACCO-RELATED PRODUCTS"; SUBD. 4, RELATING TO LICENSES AND FEES; SUBD. 5.B. RELATING TO PROHIBITED SALES; SUBD. 6 PROVIDING ADMINISTRATIVE PENALTIES, REVOCATION OR SUSPENSION OF LICENSE; AND SUBD. 7.A. RELATING TO PENALTIES, ADDING SUBD. 9 PROVIDING A DEFENSE AND ADOPTING CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 5.35, Subd. 2.D. is amended as follows: Subd. 2. Defmitions. D. "Tobacco-related products" means cigarettes; cigars; cheroots; stogies; perique; granulated, plug-cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco-related devices and butane lighters and fluids. Section 2. City Code Section 5.35, Subd. 4 is amended as follows: Subd. 4. License Fees and Issuance. Fees for a license for the sale of Tobacco-related products shall be fixed and a license may be issued in accordance with the provisions of this Chapter. Section 3. City Code Section 5.35, Subd. 5.B. is amended as follows: Subd. 5. Prohibited Sales. B. A licensee may sell tobacco-related products only in a direct face-to-face exchange between the licensee and the consumer. No person shall sell or dispense any tobacco-related product through the use of vending machines or self-service merchandising. Section 4. City Code Section 5.35, Subd. 6 is amended as follows: Subd. 6. Administrative Penalties, Revocation or Suspension of License. A. If a licensee or employee of a licensee sells tobacco, as defined in Minnesota Statutes, Section 609.685, Subdivision 1, to a person under the age of 18 years, or violates any other provision of Minnesota Statutes, Chapter 461, the licensee shall be charged an administrative penalty of $75. An administrative penalty of $200 must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 must be imposed, and the licensee's authority to sell tobacco at that location must be suspended for not less than seven days. B. An individual who sells tobacco, as defined in Minnesota Statutes, Section 609.685, Subdivision 1, to a person under the age of 18 years must be charged an administrative penalty of $50. C. No suspension or penalty may be imposed until the licensee or individual sought to be charged pursuant to A. or B. of this subdivision has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the City Manager or his designee. A decision that a violation has occurred must be in writing. D. In addition to the penalties described in A. hereof, upon finding that a licensee, granted pursuant to this Section has failed to comply with any applicable statute, regulation or ordinance relating to the sale or use of tobacco-related products, or has failed to pay the amount of any penalty imposed pursuant to A. of this Subd. within 10 days after notice in writing of the decision to impose a penalty, the Council may either revoke the license or suspend the license. Section 5. City Code Section 5.35, Subd. 7.A. is amended as follows: Subd. 7. Penalties. A. In addition to the penalties provided in Subd. 6 hereof, the penalty provisions prescribed in Section 5.99 of this Code shall apply to violations of this Section. Section 6. City Code Section 5.35, is amended by adding Subd. 9 as follows: Subd. 9. Defense. It is an affirmative defense to the charge of selling tobacco-related products to a person under the age of 18 years in violation of this section that the licensee or individual making the sale relied in good faith upon proof of age by (1) a valid drivers license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; or (3) in the case of a foreign national, from a nation other than Canada, by a valid passport. Section 7. City Code Section 5.35, Subd. 2.C. is repealed. Section 8. Misdemeanor. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. This ordinance shall become effective from and after its passage and pUblication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the __ day of , 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. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10-7-97 SECTION: PETITIONS, REQUESTS, COMMUNICATIONS ITEM NO. WL A DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger APPEAL OF BOARD OF ADJUSTMENT AND Jean Johnson APPEALS -DENIAL OF VARIANCE NO. 97-10 Requested Council Action: Set date of November 4, 1997 to hear Mr. Moore's appeal of Variance No. 97-10. Background: Applicant has requested approval to display/lease vehicles outside in an Office District parking lot. Supporting Information: 9-22-97 Appeal request 9-11-97 Board's Final Order 6-13-97 Variance Request information 7-10-97 Staff Report 9-11-97 Board Minutes 8-14-97 Board Minutes 7 -10-97 Board Minutes 1-15-97 Letter to Moore Leasing 9-27-96 Letter to Moore Leasing , Admitted to practice: State of Minnesota State of Arizona u.S. Tax court LAW OFFICES OF mOMAS L ILIFF 2372 Leibel Street White Bear Lake, MN 55110 (612) 407-8094 Fax: (612) 407-8179 Westside offices at: Suite 240 5050 France Ave. S. Edina, MN 55410 (612) 922-1267 Fax: (612) 922-4788 "Please respond to White Bear Lake Office" September 22, 1997 Ms. Jean Johnson City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Moore Leasing Inc. vs. City of Eden Prairie Dear Ms. Johnson: CERTIFIED MAIL I am the attorney representing Moore Leasing and Sales Inc. regarding their zoning situation. It is my understanding that my client's variance request (#97-10) was denied on September 11, 1997. It is my client's intent to appeal this denial and we request the City Council review the Zoning Board's decision. Mr. Steve Durham informed me that you will set a hearing date for this review at the next appropriate meeting and inform us of that hearing date. Thank you. Sincerely yours, t;kVL-~(/ Thomas L. Iliff r Attorney at Law ( TLI:lj VARIANCE #97-10 CITY OF EDEN PRAIRIE BOARD OF ADJUSTMENTS AND APPEALS FINAL ORDER RE: Petition of Prairie Center Properties. LLC for Moore Leasing. Inc. OTHER DESCRIPTION: ~N~/A~ ____________________________________________________________________________________________________ __ VARIANCE REQUEST: See Attachment A The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and exam:inIDg all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes ---.._X_ No _____ ) . 2. There are circumstances unique to the property under consideration, and granting such variances does not violate the spirit and intent of the City's Zoning and Platting Code. 3. variance Request #97-10 is herein Granted ________ _ Denied __ ~X~ ______ _ See Attachment A 4 . Findings to the granting ________ , denial X ,of said variance-are as follows: See Attachment B 5. A copy of this order shall be forwarded to the applicant by the City Clerk. 6. This order shall be effective September 11. 1997 i however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 7. All Board of Adjustments and Appeals actions are subject to City Council review. N/A = Not Applicable BARB\JEAN\BOA \F0971 Oa 3 BOARD OF ADJUSTMENTS AND APPEALS BY: a~e~/J a.l~· /-. "v' 1-/ DATED: September 11. 1997 V ARlANCE REQUEST #97-10 ATTACHMENT A 1. To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Connnercial Districts only). Applicant is appealing staff's decision. 2. Utilize 2,568 square feet of area of the site for outdoor storage and display (Code pennits a maximum of2% or 720 square feet, for a building in Connnercial Districts only). 3. To allow outdoor storage on 11 % (15 parking stalls) of the required parking stalls (Code pennits a maximum of .005 or 1 parking stall for building in Connnercial Districts only). 4. To allow loading/unloading of vehicles in parking lot trafficway (Code does not pennit obstruction of trafficway). 5. To reduce the required parking on site from 135 existing spaces down to 120 spaces. VARlANCE REQUEST #97-10 ATT ACHMENT B 1. The request deviates from the Office District standards. 2. The applicant has not demonstrated a hardship unique to the property. Economic hardship alone does not constitute an undue hardship, nor does a self-induced hardship. 3. An approval would set a precedent and weaken the spirit and intent of the Code's Office District regulations. 5' June 13, 1997 City of Eden Prairie Attn: Jean Johnson Dear Jean: Please consider our request for a business variance of usage at 250 Prairie Center Drive, Eden Prairie. We are a leasing and sales corporation that has been in business since 1975 in Minnesota with the past 5 years operating in Eden Prairie. We have tried to operate under current city guidelines for our property and while being extremely inconvenient and cost inefficient we have managed. However, recent business losses have shown that the site is now really causing our company to lose money under current restrictions. All we are asking is that 15 late model vehicles be able to be parked and displayed in the parking lot of our building. We live in Eden Prairie, own a home here, attend church every Sunday here, we do not want to move. We are an upscale operation, Our vehicles are usually one owner, low mile lease returns in the 93 or newer models. There will be no parking of anything older than that year. We cannot continue under the present restrictions in effect by the city. ~= Robert Moore President PRAIRIE CENTER PROPERTIES, LLC 250 Prairie Center Drive • Eden Prairie, MN 55344 Phone (612)-942-9058 Fax (612)-942-7496 Attention City of Eden Prairie: In pursuant to the letter regarding the variance request for Moore Leasing; the ownership of Suburban Place Executive Suites; and major contributor of property taxes the city of Eden Prairie, we ask that you take serious and honest consideration in allowing Moore Leasing to park a small amount of vehicles for sale within our property lines. As the Business Manager for Prairie Center Properties, LLC (Building Ownership) and representative for the corporation, I am asking your help with this special request. Moore Leasing has been a positive addition to our family of tenants and I would like to continue services to them in the future. However, without the variance Moore Leasing will be forced to move from the premise which will cause a considerable financial loss to our business's well being. In addition as a tax payer and resident I fully understand the need to provide a safe and comfortable place to purchase an automobile; a vital and necessary resource used and needed by all families and professionals. I believe as a team Suburban Place, and Moore Leasing can supply the community with such a place. With your generous offer of a variance I will personally monitor our parking area to insure Moore Leasing is in full compliance with any stipulations you may place upon the variance. Please note the attached property map with specified parking area outlined. 7 Jannette M Poehlman PRAIRIE CENTER PROPERTIES, LLC Business Manager cc: Bob Moore, Moore Leasing Mark Johnson, Building Owner renant File \ Prolr-'t. t~ t:N'i"V1L. J.W. ANDERSON & ASSOCIATES 81 45 TRILLIUM CIRCLE VICTORIA, MN 55386 SCALE: 1/16" = 1'0" (612) 443-3227 DATE: 12/6/93 ........ : i ·0 ~n'O\1;) ~') ~~ 9 ~."'f bv',W't!. ~",arl\1a'tl \ );' .1, .. -- VARIANCE: #97-10 MEETING DATE: July 10. 1997 APPLICANT: Prairie Center Proj)erties. LLC for Moore Leasing. Inc. LOCATION: 250 Prairie Center Driye REQUEST: I. To allow outdoor storage and display of 15 vehicles at an office zoned site (Code for outdoor storage and display is written for Commercial Districts only). Applicant is appealing staff's decision. 2. Utilize 2.568 square feet of area of the site for outdoor storage and display (Code permits a maximum of 2% or 720 square feet, for a building in commercial districts only). 3. To allow outdoor storage on 11 % (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for building in commercial districts only). 4. To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway). 5. To reduce the required parking on site from 135 existing spaces down to 120 spaces. ZONING DISTRICT: Office AREA CHARACTER: This office building is located next to First Bank which is also zoned Office. The building is north of the Eden Prairie Center. q BACKGROUND: In 1984. the City started to experience the infusion of motor vehicle dealers moving out from inner ring suburbs. City Staff reviewed City Code and outlined how these uses would fit into our zoning code districts. It is summarized as follows: Dealer Office Space Dealer Office Space with Inside Storage Dealers Office Space with Limited Outdoor Storage Permitted in Districts Office, Commercial, Industrial IndustriaVCommercial Commercial The Office District is available for vehicle dealers who own/rent office space and whose activity is exclusive office activities for the business and no outdoor storage/display of vehicles. Various office zoned sites in Eden Prairie have had and do have vehicle dealers. Periodic inspections have not uncovered significant problems. In 1996, Moore Leasing requested the City's signature on a State Motor Dealer License. Upon receipt of a letter and City form (both stating no outdoor display storage) the license was signed. (Copies Attached) The City did receive complaints about the number of vehicles for lease in the parking lot, the loading/unloading in drive aisles and parking areas, and individuals marking and detailing vehicles out in the lot. Staff inspected area and noted numerous vehicles. Staff notified operator to correct code violation on September 27 and December 13 in 1996, and again in January of 1997. (Letters attached) A purpose of the Office District is to provide a high standard of environment for certain businesses and professional offices. A protected office character. unlike office in commerciaVindustrial areas which have different traffic patterns and some objectionable influences, i.e. odor, deliveries, frequent client traffic, etc., that occurs in commercial and industrial areas. A decision viewing this variance request as appropriate will set precedent for all OFFICE Zone properties. The building has reasonable use as an office building without the addition of outdoor display on the property. The Office District parking stall requirement is 5 stalls per 1,000 gross feet of building. The 3-story building is approximately 30,000 gross square feet in size. Moore Leasing rents approximately 800 square feet. The present tenant mix may have adequate parking, but the code requirement is necessary to meet a mix of tenant parking needs as tenants change. Allowing an 800 square foot tenant 20 stalls (15 for display + 5 for employees and clients) would be five times the parking staUs planned and would require unique circumstances. Relying on shared parking with adjacent sites can infringe upon other businesses and their clients. This is done only when an a~eement is executed between businesses and the City approves. APPLICANT'S STATED HARDSHIP: Economics -See June 13, 1997 letter. 10 OPTIONS: ACTION: 1. 2. 3. Maintain office space at address and store vehicles off-site at an approved location. Move entire business to an appropriate location. Minimize variance request in number of parking stalls. The Board may wish to choose from one of the following actions: 1. Approve Variance Request #97-10 2. Approve Variance Request #97-10 with conditions. 3. Continue Variance Request #97-10 if additional information is needed. 4. Deny Variance Request #97-10 supporting City Staffs determination that outdoor placement of merchandise (vehicles) is not permitted in the OFFICE DISTRICT. RECOMMENDED CONDITIONS: Should the Board determine the request appropriate and defme unique circumstances at this site to support the variance the following conditions need be applied. 1. None of the vehicles shall be displayed or located outside of the area approved by the Board of Adjustments and Appeals and marked Exhibit A attached to the Final Order. This area will be determined the evening of the meeting should the Board approve this variance. 2. No vehicles shall be displayed or located above the elevation of the parking lot area, that is, up on a display raised platform or anything resembling a platform, a berm, planting island, or any landscaped portion of the property. 3. No vehicles will be displayed or stored in the public right-of-way of any City, County, or State Highway. 4. The vehicles stored outside may not be utilized for sign purposes, nor shall such vehicles have prices or written information displayed on the windows or any other part of the vehicles. 5. The vehicles may not have flags, balloons, banners, pennants, ribbons, streamers, or whirling devices. or anything resembling the same attached to them. 6. No balloon, banner pennant, ribbon, streamer, whirling devise. temporary sign, off-site sign, search light or anything resembling the same shall be utilized on the property. 7. No maintenance of the vehicles, including but not limited to, vehicle repair, washing, and cleaning shall be done on the property. 8. The variances shall be valid only so long as Moore Leasing operates a leasing facility at this site. This unique variance would not apply to another user. 9. The variance be approved for a 1 year period. 10. In the event the terms and conditions of the Final Order #97-10 are violated, the City may, in addition to all other remedies afforded it herein and by law, terminate the variances upon the expiration of 15 days from the date of written notice of such violation mailed by City to applicants. All notices are required to be sent to applicants by the terms and conditions of the Order shall be sent by certified mail to the following addresses: Prairie Center Properties, LLC 250 Prairie Center Drive Eden Prairie, MN 55344 Moore Leasing 250 Prairie Center Drive Eden Prairie, MN 55344 Att: Bob Moore 11. All Board of Adjustments and Appeals actions are subject to City Council review. 8ARB\1EAN\BOAI!l7-J08.SR II MINNESOTA DEALER LICENSE COMMERCIAL WCATIQN CllEClQJST. . Dealer· Numbot-' Received by iic.n~':' Type IiEYi J.&W. LESSOB YruOLf;.ShLE. 1\UCUOH §l\LYI\GE PQQL Dat e Received. __ --- PrIDI NAHE Iio.oi?& I-Plsh..J~L~ JlDDRESS (0",,7 LvuO?~.;7) fif+ I /2-L c:C~~. -'1'!j/</&EAJ Il,,tf-C ;1""1 THIS CllECKLXST DESCIUBES THE PRDf.hRY SITE ADDITIONAL LO~TIOH' _~ __ OF THIS LICENSE. {note: a scparat«:: chcckllilmwst be ftubmJllcd Cor each !ocaUon opcraUng under tlili llcC11.'\e} CIlECK. fil';RE Il" TIIE .hDDITlONhL LOC..h.TlON IS AIJlSPLJ\..Y LOT ONLY. AND RESPOND TO STATEMLN1'S 2, 7 &: 8. CIIECK 1IERE IF RETAIL B..AIES WlLL BE CONDUCTED AT TillS aITE. Th~ 15 a ch«klbl [or dealers requtrro to have CommerdaL Bulldl.nl!~ • (NEW. USED. SALVAGE POO~ or AUctlONEEllJ or Commerci!ll Office Space ". ~OR or WHOLESALER). A l"e5POrue of-FALSE'" fndJca\.c::l the loc:\Uon <1<>c3 nol comply w1U\ the !!LAte requlrcmcnl:J.. 1. 2. ~ ,---- T fJI book. and rcconb neoeu::u)' to conducl bullne$3 art:: kept at the rr11ln IoCll.~n. (copks m.y be kcpt.d J\dd!Uon:U t.ocaUons). The Ilbove ~tIon Ss ~ by the dc:Uel" Mis le.<ucd lOr 11 mln.\mum~f ooc-YC1r. lfkcu.td. D<!akr Ltra.u Fbnn ~t N «todlM.. 3. /V It nll:re t.s A Kpa.At.! Uld tdenUllabJe cntc.Lncc to the deAknhlp tlJ.lllt laub ID the oulcloon< or W A. publlc~. Note: ~Arr:d office lIp3-CC .uch ... .lI. rcoc:ptX>n "rca. or SCCTCUfJ' -4. IV Ii S.~ 6. -r 7. -L:LI1 8. -'Y-/} .-:- 9. 10. I J. . pool doa not rpWlJY ..... public -.n:ll. ~oJt a.ud. WJIO~ e .. ompt) ••• TIle above cttaknbJp b.na1.cco~d br ~ntcrtng through any olho" bwlno» ot' ~ldcncc ilid b klcatcd in lh~ bulld1ng ~OR and. wnOI.VJAUR exeJJl~. The .1)()'1'C ~n b cnclo~ 'tVlth floor t",cclllnftw..n~ W1th ~ door ~t C2.n be .hut And locked to don oITthe wUrc: altnaace And 11 d«:Slgn:wxf fot-the ~ of the dca.lcrshlJ>. 11lc ;AboT-c 1ot.:a00n. hu -.n addcC:3:J tlUllls s-cpll.Cl\Lc from the .. ddrcu or ~rrJ otha bwlocu tn the bu1ldtn& C~tc: nwnberwouJd quallfy). This dc..lcT3hlp ~ It dbpl2.y .. n:"'. either indooD or outdO<ll3. la.rgc enough to dl-'tp~y III ~15 vehlclo and tllls dt3pb,y ne~ b lIepuate And qbUn(UI~ll,.\blc from. .. JI)' other blU~ 1nvclltcuy (AuCllOlfltER. U::SSOR. WJIO~ Ucunattl ..r<a -.JCCJ.aI..pl). A .dgn SdcnUfytn,( the dc:tkr3hlp " cllip\.2.yed on the outsJde I>f ~ commcrcW butld1nt. in 1\ pubUe n.n:;l if rommcrcLa.t office ,pacc. or ~mcwherc on lbc prcml5do l! the: .ddJtJorui &oc:.llon b a. dl~pl.ay lot tAucnolQZR, 1.l!;SS{)~ WllO~ lfoanAlO'l no Cl.Xtl.J:Qpl):-" The no~l busIneJ.J hours sue eonspteuously po~lcd on the deaJcrm\p:wd an: radUy VkW70blc; by the: publlc. WlloI..Z.S.AU:.R deDlpt) .... - PCr:IOn.ncl or llulomaUc tdcpb<me lUU'WCrtng:KMce a..rc Av-aJ.lable durlnlt oortJUl bu'incs.! houf!I (l(1;W JIlDtnr T~dlt d~ JWII1 han ."..~, Anl!Abl .. ). lllC dcaJep.hlp h...,. ~ fac.Wty for the T'Cp»J.r Uld Kn'kc !}( moIM 1'l:hJdc5 and 111l~ .slOm8l= of puu .ool ma~ lJ)JlJ\ ten ~ cllitancc (rom the pc1ndp..t p~oe of bu,~ (lttW jG"tar nhlu. I!eal«rra anJ.r). C"( - The AM1'6 plAe.o DC bnaJ:nu .. meet. ALL .. tand..rd... .. outllned a,ho..,.e. 1 a.n(,~uu.nd thAt .-.n;r xn.JJ.tAtcment .con1JUtut.ea JnAtcdaJ JD.brepre..-ent-Uon ~d .a.bJect. the llec-rue to wlUtc1onnu.. SIGNA~OW?fP'...R/OFFICr.R flllend to do btts lnes.. ... A'ITN: Z01'Ol(G OP'PlClALS -DO NOT SIGN THIS FORM lJI'fIX55 TIIl!: ABOVE JUU;.AS IIAVE BEEI< COMl'LE'[!;l) BY THE.APPUCAltT lh~ d~crshlp at tile nddrt:.15 named. a.hoy!: b. a permItted I ooodlUonal u:sc wtthin the DC(:::ZC-b Zonln&: DlsWct for the type of buslnos clrcled. {NEW USED L£SSoR WHOlESALE AUCTION SALVAGE ('OOu. nod no Zollltlg complatnl!! or enforcement IldJom: ;l.('C pending al Uus !Jme. )1 ~.=le: NC~V atJ~ Used licensees dQ, an~ USSQr lIcen5.C~ may CQD~,ct..tetatl5a!e;t.. J c: 2?<??L-;?tl4t-d";cz k/ t. -I! -tt.) (R/~) Cj'{f)''I?o SI0NAT1.fm-:: OF ZONING At TTHOmlY DAlTo: PHONE. NlJMnEJt -~-----.~~.~.!""'-"""--:---.. ~-.. ~ .---~--~ .. ~--_., -_ .... - i/~r~~~~ ,~/L'-C th~-~ ~~ ';l!(YJr. (ft-~ ~J-,-/~,-(//{fc.~~ '----/Jt:t~ ~~~~. c;?5ZJ ~C-e-u: eJ< P, ~<--Wa£A/~J '7'/(..x...-5S3 /'/ ~d #,J/// /$/:5- 13 CITY OF EDEN PRAIRIE I aL ;,,.( ~ APPLICATION FOR APPRO V AL OF (!,l"/,tt-'J~t.t:J~-?~ STATE OF l\11NNESOTA MOTOR VEHICLE DEALER LICENSE .~TE OF APPLICATION DEALERSHIP INFORlvIATION Firm Name Tele# Address Street City Zip Owners/Officers .. Tele# Tele# Tele# I Type of License: New _ Used ........... Lessor VWholesale ;/ Auctioneer_ Are Trades Accepted: Yes v No I Building Space Needs: Office L'Display _ Inside Storage _ Outside Storage_ ! Outside Storage _ Service _ Other (explain) • A floor plan to scale must be attached -'V £//70 + I I Target Group of Customers (explain) (% of business of each) Advertising Outreach: Radio -TV Mail _ Corporate Newspaper _ Magazine _ Have you held licenses in o~er communities? Yes _ No -.z,p If Yes, Where: 1}tO Lj kJ.J.d:, t2-~.-t -So Address City Address City *NECESSARY ATTACHMENTS: Floor Plan Copy of State Application Note: City may withhold review of any incomplete application Tne below signed applicant hereby certifies that his dealership operation will not vary from the information contained herein without first obtaining ap~m the City . . ~,)-~ \ ~ I S.---...-I , Ignature----tfl L.4--<- Title ."'-!l\lEA.~. ,,,aORTSlMTRv'UC.Ai'P 'If J City of Eden Prairie City Offices 8080 Mitchell Road • Eden Prairie, MN 55344-2230 Phone (612) 949-8300 • TOO (612) 949-8399 • Fax (612) 949-8390 Dec. 13, 1996 Mr. R.M. Moore Moore Leasing, Inc. 250 Prairie Center Drive #314 Eden Prairie, Mn. 55344 Dear Mr. Moore: City Staff continues to receive complaints regarding parking, storing and pick-up/drop-off activity oflease vehicles at your business site. Our inspections indicate between 10-20 vehicles on site on some days. Be advised that such activity is in violation of City Code and the Jan. 11, 1996 letter you submitted to the City(attached). Also, the activity is disruptive to the office users in the building. Enclosed is a NOTICE OF CORRECTION. Sincerely, ~ th= . Zoning Administrator encl: cc: Driver & Vehicle Services Division JJARAD Assoc _ Partnership II Moor96.464 It) Flecyclec ;:Jaoer City of Eden Prairie # 96-464 / NOTICE FOR CORRECTION OF CONDITIONS AT 250 Prairie Center Drive #314 OWNER R.M. M:x>re PHONE 941-2991 CODE VIOLATION(S) Sec. 11.03,Subd.3,J.Outside Storage and Display Sec. 20, Office District YOU ARE HEREBY NOTIFIED TO CORRECT THE FOLLOWING: rprlC::p narkinastorina vpmclp!,; in transportation, and disolavina vehicles for lease/sale at the above address. YOU ARE EXPECTED TO COMPLY WITH THIS NOTICE BY Dec. 18, 1996 • OTHERWISE COURT PROCEEDINGS MAY BE INITIATED FOR ENFORCEMENT THEREOF. IF YOU HAVE QUESTIONS PLEASE CALL 937-2262 Dec. 12, 1996 (JJ?d/t-t aA/lAA//;YL / DATE Iii ( NING ADMI~RATOR "-./ UNAPPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY, SEPTEMBER 11, 1997 BOARD OF APPEALS MEMBERS: STAFF LIAISON: MEMBERS ABSENT: CALL TO ORDER 7:30 P.M. CITY CENTER COUNCIL CHAMBERS 8080 MITCHELL ROAD Chair Kathy Nelson, Cliff Dunham, Delavan Dye, William Ford, Louis Giglio, Matthew Hansen, Michael 0 'Leary Zoning Administrator Jean Johnson and City Recorder Barbara Anderson Dunham and O'Leary Chair Nelson calledthe meeting to order at 7:30 p.m. ROLLCALL Board Members Dunham and O'Leary were absent. I. APPROVAL OF AGENDA MOTION: Dye moved, seconded by Giglio, to approve the agenda as submitted. Motion carried 5-0. II. APPROVAL OF MINUTES -Au~ust 14. 1997 MOTION: Dye moved, seconded by Ford, to approve the August 14, 1997 Minutes of the Board of Adjustment and Appeals as submitted. Motion carried 5-0. III. VARIANCES A. Request #97-10 by Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing stafrs decision. 2) Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum of 2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11% (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from 135 existing spaces down to 120 spaces. 11 BOARD OF ADJUSTMENTS AND APPEALS MINUTES September 11, 1997 Page 2 Robert Moore, 12306 Oxbow Drive, reviewed his request for variances for outside parking of up to 15 vehicles on the site. He read letters from the Goodyear Store and the Eden Prairie Car Wash in support of the variance request. He stated he would comply with any stipUlations the Board may put on an approval. Mr. Johnson spoke on behalf of the owners of the building in which Moore Leasing is located. They are 75% occupied and they need to keep their tenants to make their business viable. Johnson reviewed the staff report and noted that the parking requirements in the office zoning district are 5 spacesll,OOO, and while this use at present does not pose a problem if the other uses in the building should change it could have an adverse impact. Nelson asked what efforts the proponent had made to locate other space for his business and Moore responded that they had been located in the warehouse district but found it was too expensive. They want to remain in their present location in Eden Prairie as this site has been good for their business. They need to have some sort of parking on the site in order to be able to show prospective customers some of the vehicles available. He had not made an effort to locate other vehicle parking closer to the office. Dye inquired how many cars he sold per day and Moore responded that his volume was approximately 4-5 vehicles per week. They normally keep 30-40 vehicles on a lot in Maple Grove but that is.very inconvenient and it creates a problem when he does not have anything to show prospective buyers. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. Giglio connnented he sympathized with the proponent but the ordinance was quite clear and he did not find the hardship other than financial and being self-inflicted. Hansen concurred with Giglio and noted the proponent had represented no vehicles would be on- site. Ford stated he had not found a compromise that would work and he felt he must uphold the office ordinance requirements in this instance. Dye connnented that the City Attorney noted that the variances requested by the proponent would set an undesirable precedent if they were approved that the adequacy of open parking at this time was irrelevant, and therefore he did not support the variance request. Nelson stated the City has numerous zones and accommodated many standards, and there are zones where outside storage is permitted and while she could understand the problems involved, variances were granted on more than financial considerations. Since the proponent had not looked at other locations she did not support the variances as requested. MOTION: Dye moved, seconded by Giglio to deny Variance Request #97-10 for BOARD OF ADJUSTMENTS AND APPEALS MINUTES September 11, 1997 Page 3 Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing staff's decision. 2) Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum of2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11 % (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from l35 existing spaces down to 120 spaces for the following reasons: 1. The request deviates from the Office District standards. 2. The applicant has not demonstrated a hardship unique to the property. Economic hardship alone does not constitute an undue hardship, nor does a self-induced hardship. 3. An approval would set a precedent and weaken the spirit and intent of the Code's Office District regulations. Motion carried 5-0. B. Request #97-12 by Property Resources Corporation located at 6851 Flying Cloud Drive to permit the permanent outside storage of up to 6 rental vehicles exceeding three-quarter ton in the 1-2 Zoning District (Code does not permit outside storage of vehicles in excess of three-quarter ton in the 1-2 Zoning District). Michael Seeland, President of Eden Prairie Metro RV & Mini Storage located at 6851 Flying Cloud Drive, reviewed the request and the nature of the business. He stated they had received a variance from the Board of Adjustments and Appeals last year to store four rental vehicles on the site. They are requesting a continuance of this variance and an increase to six vehicles and they would like to have the variance be permanent. He showed the area where the vehicles would be stored, and noted they only store four vehicles permanently on the site presently. They have revised their system to address a complaint from the City regarding the parking of trucks in the front of the building. They have three types of rentals, which include local, outbound, and inbound. He described these types of rentals, and noted they have changed their security system to equip all local rentals with a pass code, which is changed on a daily basis, which will allow patrons to gain access to the site when they return rented trucks. The trucks which are stored on the site are used for the local rentals and they deal with Ryder Trucks for the other rentals. He described the system they have put in place to deal with the other rental uses. They intend to have signage on the site which will direct the incoming rental returns to another location which will help alleviate having them parking in the front of the building. He noted that due to staff turnovers, some mistakes in parking had been made, but they were addressing this problem and have implemented training programs /9 BOARD OF ADJUSTMENTS AND APPEALS MINUTES August 14, 1997 Page 5 B. Request #97-10 by Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing staff's decision. 2) Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum 01.2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11% (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from 135 existing spaces down to 120 spaces. Durham noted that the proponent was not present. A letter from the proponent and property owner requesting continuance was submitted. MOTION: Dye moved, seconded by Hansen to continue Request #97-10 by Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing staff's decision. 2) Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum of 2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11 % (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from l35 existing spaces down to 120 spaces until the next meeting to allow the proponent to be present. Motion carried 5-2. O'Leary and Giglio voted no. MOTION: Nelson moved, seconded by O'Leary, that the Board has received an opinion from the City Attorney regarding the information requested, and the Board will take action on this variance request regardless of whether the proponent is present or not. Motion carried 7-0. IV. OLD BUSINESS V. NEW BUSINESS Durham reviewed the requests scheduled for the next agenda. VI. ADJOURNMENT MOTION: Dye moved, seconded by Ford to adjourn the meeting. Motion carried 7-0. The meeting was adjourned at 9: 15 p.m. 20 Prairie Center Properties L.L.C. August 13, 1997 Board of Adjustments & Appeals City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Variance #97-10 On behalf of Prairie Center Properties and Moore Leasing, I respectfully request a continuance of the above referenced variance review. I received word this afternoon that I was needed in Duluth on August 14th. Because of the distance and travel arrangements I cannot be assured ofretuming in time for the 7:30 p.m. Board of Appeals meeting. My trip and the late notification puts my tenant Mr. Moore, of Moore Leasing, in a very difficult position. Because the Eden Prairie City Offices had closed, it became necessary to try to contact Board of Appeals members at their residence. I apologize for this inconvenience. Mr. Moore was able to reach Mr. Dunham and discussed the situation with him. Mr. Dunham requested that a letter be delivered to the Eden Prairie City Office requesting a continuance until the next regularly scheduled meeting. Please accept my apologies for any inconvenience my schedule has caused. I trust the rescheduling can be accomplished with your assistance. ~VeryTrulY' Mark A. Jo President 250 Prairie Center Drive, Suite 250, Eden Prairie, MN 55344 612-946-0123 2/ City of Eden Prairie City Offices 3080 Mitchell Road • Eden Prairie, MN 55344-2230 Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390 August 15, 1997 Moore Leasing and Sales 250 Prairie Center Drive Eden Prame, Minnesota 55344 Attention: Bob Moore SUBJECT: Variance Request #97-10 Dear lYfr. Moore: Last evening the Board of Adjustment and Appeals voted to continue Variance Request #97-10 to the next regular scheduled Board meeting, which will be held on Thursday September 11, 1997. Please mark your calendar for this meeting and notify all individuals you may wish to be present at the meetmg. The Board indicated action will occur on the request at the September meeting. A brief presentation of 5-1 0 minutes would be appropriate if you have additional information to submit to the Board on behalf of the this variance request. No presentation is necessary if there is no additional information. Should you have any questions please call me at 949-8491. Sincerely, '. ,.. " . (' , ,. \;: 1 ' ~;JL»~~~~~~ Steve Durham Zoning Administrator c: Mark Johnson, Prairie Center Properties L.L.C. G:'.steve'Jetters\97 lOc BOARD OF ADJUSTMENTS AND APPEALS MINUTES July 10, 1997 Page 3 bobcats for such things as snow remova~ which allows them to be kept on their lots. The Public Hearing was opened. Mrs. Gary Kostecka, l0805 Valley View Road, stated she was opposed to the proposed building because of the commercial nature of the equipment moving on and off the property and she believed it would be very difficult to screen the building from her property, which is higher up and would overlook the subject site. Johnson noted that two letters had been received by City staff which were entered into the record. The Public Hearing was closed. Dye commented he thought perhaps Kottke should come back before the Board with a plan which would reflect a specific building size and type. Ford conunented that the requested building was very substantial in size and the building should be reduced because the variance requested was large. Hansen concurred it would be nice to see a grading plan and exactly what was being built on the site pad. He did not see any hardship other than the Watershed District was raising the level of the water and he thought perhaps it was more advantageous for Kottke to get the building pad approved than be recompensed for the loss of property due to the raised water levels. O'Leary commented he believed the variance was too great and the proposed building was too large. He would prefer to see the building reduced and moved to reduce the variances. MOTION: Ford moved, seconded by Dye, to deny Variance Request #97-09 by John Kottke for 7665 Smetana Lane to construct a 30' X 90' metal building 30 feet from the front property line and 70 feet from Nine Mile Creek on the basis that no hardship was shown and the size of the proposed building was excessive. Motion carried 5-0. B. Request #97-10 by Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing staff's decision. 2) Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum of 2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11% (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from 135 existing spaces down to 120 spaces. Jeanette Pohelman, Property Manager for Prairie Center Properties, LLC, requested that the Board approve the variance requests so she will be able to keep her tenant, Moore BOARD OF ADJUSTMENTS AND APPEALS MINUTES July 10, 1997 Page 4 Leasing, Inc. In her building. Bob Moore, President of Moore Leasing, Inc. stated they were asking permission to park no more than 15 vehicles in front of the building for a short time. This will prevent his losing business because the vehicles are not readily accessible when the demand is there, and having the cars parked on the site would enable him to make sales more easily and thus to remain in business. He noted he had lost a sale because a desired vehicle was not available immediately, and he could not afford to have this continue. He stated his was a small operation and he did not desire to have it grow larger. He showed pictures of the site and what it would look like with 14 vehicles parked on the lot. He noted that it did not appear any different than any other similar parking lot, and there was ample parking remaining on the site. He descnbed how his business was conducted and noted that there was no signage other than an 8.5 X 11 sheet of paper placed inside the vehicle descnbing the vehicle and listing the price. Poehlman stated she had received two letters of complaint during the time he had been in business in Eden Prairie; one from the manager of the Eden Prairie Center and he believed those concerns had been addressed buy not allowing any unloading to occur in the Eden Prairie Center parking lot during business hours. Moore commented that he would like to visit with the gentleman from Eden Prairie Center because people who buy cars from him to right across to the Eden Prairie Center to shop. The loss of business is creating a hardship for him which is why he is requesting the variances. Dye inquired how much space was leased by the proponent and Poehlman responded that Moore leased 12,00 sq. ft. Hansen inquired if the purpose of the business had been made clear when the space was leased, and Poehlman responded affinnatively, noting that Bob Moore had been a good tenant during the 1.5 years he had least space from her, and she would like to have him remain there. Discussion ensued regarding the property owners and how they felt about this use of their property. Moore stated they were not interested in getting any larger and would not come back before the Board later to request additional variances. He stated he lives in Eden Prairie, works in Eden Prairie, and would like to remain in Eden Prairie, but he needs the variances to do so. O'Leary referenced a letter from Bob Moore stating there would not be any vehicles displayed or stored outdoors and this was the basis on which he obtained his dealership license from the City for this location. Moore stated he was requesting the variances because he has found there is a need to have some vehicles stored on the site so he would not lose sales because the vehicles were stored elsewhere. Dye inquired if another prospective car leasing tenant wanted to lease space would Poehlman rent to them, and Poehlman responded that she would not because it was not good business to have more than one use in the same building at the same time. Moore commented that most people want to look at cars in a relaxed atmosphere and do not want to drive 45 minutes or more to look at a car. Fprd referred to the complaints included in the packet and asked why the proponent was BOARD OF ADJUSTMENTS AND APPEALS MINUTES July 10, 1997 Page 5 displaying vehicles outdoors when he knew it was against the ordinance. Moore responded that he wants to have 15 cars displayed but was amenable to having 12 if the Board believed that number was more appropriate. Ford asked about using other commercial space in Eden Prairie which would suit his purpose and not require a variance and Moore responded that they don't want to move as this is a good location for this business. Ford asked about the banners and Moore responded that it was only a magnetic sign on the side of one vehicle and there was nothing painted on any windshield of a vehicle. This has not been done for over a year, and the only signage they use is a sheet of 8.5" X 11" paper listing the vehicles available and the prices. Johnson gave the staff report and reviewed the car dealership history in Eden Prairie. She reviewed the options available to the Board and noted that if the variances were approved staff recommended that the stipulations listed in the staff report be added to the approval. Two letters in opposition to the variance request have been received by staff and are entered into the record. Hansen inquired if the proponent had given any other hardship than an economic one and Johnson responded that was the only one given. Hansen inquired if there were any other areas that could be used that would not need a variance and Johnson responded there were several commercial sites which could be used, but these may also require some variances, depending on the amount of outdoor display. Industrial Districts are also available for this type of tenant. Moore stated he was located on Washington Avenue when he first opened his business in Eden Prairie and that was not a good location. He has since been able to turn the business around after locating it at the present location, and it is very expensive to relocate a business. Discussion ensued regarding the benefits of the business being in it's present location and the potential for rezoning the property to commercial to eliminate the need for some of the variances. Johnson noted that a rezoning application would need to be made by the property owners and go through the reviewal process before that could happen. Carol Pinski, Business Manager for Moore Leasing, Inc., explained that they do not want a larger business because they had worked seventy hour weeks for too many years, and this business was just the right size for them. Dye asked if they had considered relocating to a commercial property and Moore responded affinnatively, but none of these properties were feasible for this type of business. Dye commented he believed if the variances were granted it would be extremely precedent-setting for the City of Eden Prairie, and noted that the City has to follow its ordinances. Discussion ensued regarding whether the variance request was for a variance in use, and it was noted that the Board is not allowed to grant variances to uses. Johnson stated that staff believed this was not a permitted use, and the City Attorney had concurred with that 2<) BOARD OF ADmSTMENTS AND APPEALS MINUTES July 10, 1997 Page 6 finding. However, it was the proponent's right to appeal this detennination, and Poehlman requested that the City Attorney deliver this opinion in writing. Ford stated that any district use change must be granted by the Planning Commission and City Council. Dye stated that they were making a precedent decision, that they should adhere to the ordinance regarding the permitted usage of this property and uphold the staff position that no outside display or storage should be permitted. He believed the variance should be denied and the proponent could appeal that decision to the City Council ifhe so wished. If the variance were to be approved it would send a message to staff and the City Council that they believed this should be a permitted use in this zoning district. Discussion ensued regarding the action the Board should take on this item. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. MOTION: O'Leary moved to deny the request for variances because the proponent has failed to demonstrate hardship. Motion failed for lack of a second. MOTION:Dye moved, seconded by Ford, to continue the request for 30 days to obtain a written opinion from the City Attorney on this request for a variance from the use provisions of the ordinance. Motion carried 4-1. O'Leary voted no because he felt the variance requests should be denied. IV. OLD BUSINESS V. NEW BUSINESS Johnson noted that the Radiator variance request was appealing the Board's decision to the City Council, and the Council would set a date to hear that appeal at the next meeting on July 15th. Johnson noted that there were several outside storage and display requests that would be coming before the Board in the near future. VI. ADJOU~ENT MOTION: Ford moved, seconded by Dye to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 9:30 p.m. 2& GENERAL GROWTH PROPERTIES, INC. City of Eden Prairie, City Offices 8080 Mitchell Road Eden Prairie, MN 55344-2230 July 8, 1997 Attention Jean Johnson, Zoning Administrator RE: VARIANCE REQUEST FOR MOORE LEASING, INC. Dear Jean, Confirming our telephone conversation of July 7 regarding the Moore Leasing, Inc. variance request, if the requested action results in continued use of our parking lot area to load and unload vehicles from their trucks, we oppose the action. Moore Leasing, Inc. has used our Target parking lot for the purpose of loading and unloading vehicles from their truck. After unloading the vehicles, they park them in the Suburban Place parking lot. They have not requested access to our lot for that purpose but have chosen to assume that we approve. Eden Prairie Center will not permit the continued use of our parking lot for those purposes due to the increased liability for accidents resulting from the Moore Leasing, Inc. operations. Should you have further questions regarding the issue, please contact me at 941-7650. Sincerely, ~ C.A. CADWELL Operations Manager Eden Prairie Center 1 0 1 8 Eden Prairie Cen ter Eden Prairie, MN 55344 612/941-661 8 21 , RECEIVED JUL ~ 0 1997 July 9,1997 Board of Adjustments City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Re: Prairie Center Properties petition (#97-10) As the owners of REIMAX Results and the owners of the REIMAX Results building at 11200 West 78th Street (comer of Prairie Center Drive and West 78th Street), we are formally stating our objection to allowing Prairie Center Properties the above referenced variance (#97-10) at 250 Prairie Center drive, Eden Prairie. We don't believe such activity as Prairie Center Properties is proposing fits with the integrity of a business office area and can only negatively affect our property value. If Prairie Center Properties wants to run a quasi used car lot, and it has looked like that on occasions, they need to find property or land appropriately zoned for such activity! Sincerely, Bill Sunders ,/(7// /1 L~~ John Collopy 'l Intemet Address: http://www.remaxhq.com/results R&"MPl(® Results 11200 West 78th Street Eden Prairie, MN 55344 Office: (612) 829-2900 City of Eden Prairie City Offices 8080 Mitchell Road • Eden Prairie, MN 55344-2230 Phone (612) 949-8300 • TOO (612) 949-8399 • Fax (612) 949-8390 September 27, 1996 Moore Leasing 250 Prairie Center Drive, Suite 315 Eden Prairie, MN 55344 To Whom It May Concern: It has been brought to the attention of the City Zoning Administration that an object on your property does not meet code specifications. An administrator has inspected the site and confrrms that a banner advertising the "leasing of 1000 cars" is being displayed by using a vehicle as the support. All banners are prohibited by the City code unless they coincide with a grand opening. Please take the necessary actions to correct the situation by October 3, 1996. We appreciate your cooperation! Krista R Flemming Planning Intern bamljeanileners\moore.464 :11'] 01 E-dan PTairi.a ~it'l Offices esa Nlitchell Road • Eden Prairie, ivlN 5534-2230 hone (612) 949-8300 • TOO (612) 949-8399 • Fa'( (612) 949-8390 Jan. 15,1997 Ms. Jeanette Poehlman Suburban Place 250 Prairie Center Drive Eden Prairie,Mn. 55344 Re: Tenant: Moore Leasing Dear Ms. Poehlman: As a follow up to our telephone conversation of 1-14-97, I am forwarding to you the following information: 1. Zoning Code pp. 11-18,11-19,11-23,11-29,11-30,11-15, related to outside equipment ,supplies/merchandise(merchandise for a car dealer or lessor are vehicles), limitation on District uses, and Office District regulations. 2. Variance Code requirements and application form, includes Code pp. 11-97,2-6,2-7. To clarify item 1, p. 11-18, a principal use is a use such as A to Z Rental, the owner/ major occupant of a building. This would not apply to an accessory tenant in a building. Also, outdoor placement of merchandise is limited to property zoned Commercial and has further limitations on number of parking stalls which can be used. Please review these items and then contact me. City staff will be available to meet with you and discuss Moore Leasing's outside parking oflease vehicles. Thank you for your cooperation to date Resp~ ~hnson, Zoning Administrator barb\jean\leners\moor464 @ '?JU ReC'!clec ~ape' DATE: 10/07/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Petitions & Requests DEPARTMENT: ITEM DESCRIPTION: I.C. 52-153 Engineering Division Rodney W. Rue Approve Construction Plans for CSAH 4 (from CSAH 1 to Terrey Pine Drive) Recommended Action: Approve resolution approving construction plans for CSAH 4 (from CSAH 1 to Terrey Pine Drive). Overview: In March 1994, the City Council approved the layout for this CSAH 4 project. The final construction plans are consistent with the approved layout plan. Primary Issues: In November 1996, we held an informational meeting with area residents to discuss/review the "draft" final construction plans. (Attached is a memo sent to area residents regarding the responses to issues/concerns discussed at the informational meeting.) Hennepin County has since obtained the necessary right-of-way and completed the construction plans. The landscape plan is not included in these final construction plans. However, Hennepin County has committed to developing a landscape plan that would be bid as a separate project. The landscape plan will replace approved landscaped areas (i.e., Fairfield berm) as close to its original plans as possible. Other areas will be landscaped as needed with the quantity of trees determined by the tree preservation ordinance. As we proceed with the development of a landscaping plan, it should be noted that property owners were compensated for their tree loss. Fmancial Issues: With the approval of these final construction plans, a construction cooperative agreement will be forthcoming that will identify financial and maintenance obligations for this project. It is estimated that the City's share of the construction costs for this project is about $700,000. We propose to use State Aid funds to finance our share. We hereby recommend approval of these final construction plans for CSAH 4 improvements between CSAH 1 and Terry Pine Drive. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. APPROVE CONSTRUCTION PLANS FOR CSAH 4 IMPROVEMENTS BETWEEN CSAH 1 AND TERREY PINE DRIVE I.C. 52-153 WHEREAS, the Hennepin County Department of Public Works has prepared construction plans for signal and roadway improvements on CSAH 4 between CSAH 1 and Terrey Pine Drive; and WHEREAS, the City of Eden Prairie has approved the layout plans for said improvements of CSAH 4 and the final construction plans are consistent with the layout plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said construction plans for Hennepin County Project No. 9016 (S.P. No. 27-604-12, S.P. No. 181-020-21, and S.P. 181-105-04) is hereby approved. ADOPTED by the Eden Prairie City Council on October 7, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk -MEMORANDUM - TO: Residents Along CSAH 4 (Eden Prairie Road) THROUGH: Eugene A. Dietz, Director of Public Works Alan D. Gray, City Engineer FROM: Rodney W. Rue, Assistant City EngineerKW'K. DATE: September 26, 1997 SUBJECT: QuestionslResponses from Neighborhood Informational Meeting on CSAH 4 (Eden Prairie Road) Improvements An Open House/Neighborhood Informational meeting, regarding the "draft" final construction plans for the proposed improvements of CSAH 4 (Eden Prairie Road), was held at the Eden Prairie City Center on Thursday, November 7, 1996. The purpose of this memorandum is to provide the adjacent residents a list of the questions/ comments that were received during the meeting along with responses from either Hennepin County or the City of Eden Prairie. In addition, this memorandum is intended to notify all the adjacent residents of the proposed schedule for final plan approval by the Eden Prairie City Council. We have scheduled the City Council to consider approval of the final plans at its regularly scheduled meeting on October 7,1997 at 7:30 p.m. in the City Council Chambers at the City Center. The City Council meetings are cable-cast live on Channel 34 (the public access channel available to subscribers of cable TV). We have also scheduled an "Open House" on October 6, 1997 at 7:00 p.m. in the City Center Heritage Room to review the final construction plans for CSAH 4. The following is a list of questions/comments that were raised at the informational meeting on November 7 and the responses and/or proposed solution in bold type. Hennepin County responses are noted as "HC" and the City of Eden Prairie responses are noted as "EP": 1. There were a couple questions regarding the need for the project at this time. The roadway is being built to accommodate the existing and forecasted traffic volumes and to improve the sarety or the roadway. The traffic volumes have been rising dramatically in the last few years and are expected to keep rising due to growth in southwest Eden Prairie and to the west. The projected traffic volume on CSAH 4 (north of CSAH 1) in the year 2015 is approximately 18,000 vehicles per day with the current volume being approximately 9,600. (EP) 2. Why are bituminous trails being proposed on both sides of the roadway? The City of Eden Prairie has a comprehensive trail plan that indicates trails on both sides of many roadways (particularly on high volume county roads) within the City. Trails on both sides will allow multiple use (walking, running, biking, etc.) without having to cross the roadway at unsignalized intersections. (EP) 3. What portion of the project is financed by federal funds and what are each agencies share of the construction cost? "The total estimated construction cost for the project is $3.45 million. Of this amount, rederal runds will pay for $1.2 million. The remaining amount will be shared by Hennepin County and Eden Prairie. The estimated County participation is $1.55 million. The County will use State Aid (gas tax) funding to pay for its share of the construction costs. The estimated city cost participation is $700,000. The City will use a combination of Municipal State Aid and Local funds to cover its share of the construction cost." (He) 4. Are NSP's power lines being buried as part of this project? The City of Eden Prairie has been working with NSP to accomplish this task. NSP has been designing this project and has indicated a need to establish transformer and other equipment CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works 8 locations along the project corridor. Right-of-way restrictions are making this task dirricult. However, we have been working with them to find locations for all their rucilities. It is our intention to have a contract with NSP approved within the next couple or months. (EP) 5. How are speed limits determined? "All speed limits in the State or Minnesota are set by the Commissioner or Transportation. Arter the roadway is constructed, It will be signed ror the present 40 mph and the County will then request that a speed study be perrormed." (HC) 6. How are tree impacts being minimized? "Where possible, trees will be saved and identified on the constructions plans. Retaining walls are also proposed in some areas to minimize tree and grading impacts. In addition, trees lost in approved landscaped areas (Fairfield's berm) will be replaced as per the original approved layout plan. Tree replacement In other areas will be per Eden Prairie's tree preservation ordinance. Replacement trees will be planted under a separate prolect after completion of the roadway construcClon." (HC) 7. How will access be handled during construction and over the winter months? "Through traffic will be maintained at all times during construction of the project. There may be short term lane closures during the day time to accommodate certain construction activities, but the lane closures will not occur during peak times. No lane restrictions will occur over the winter months." "The Contractor must maintain access to residences and businesses at all times. At certain times, this access may be accomplished with temporary measures, such as gravel surruces. Every attempt will be made to minimize inconveniences to both property owners and the tra,'eling public." (l1C) 8. What types of vehicles will be allowed on the roadway? "Eden Prairie Road Is a County-State Aid designated roadway and is runctionally classified as a minor arterial, which means It Is Intended to carry relatively heavier traffic volumes than local streets. The County does not place limitations on the types or vehicles allowed on these types or roadways." (HC) 9. Would the County consider removing the barricades on Berger Drive during construction? "These barricades were placed as a condition or a County permit. This permit requirement was based on inadequate sight distances on Eden Prairie Road and thererore during construction the barricades will remain In place. After completion or the project, the sight lines will be re-evaluated, and It is likely that the barricades will then be removed." (HC) 10. Why would the City allow Trunk Highway 212 to end at CSAH 4 and dump those additional vehicle trips onto CSAH 4? The City or Eden Prairie has been consistent in its support or Trunk Highway 212 being built as soon as possible. However, with the current rundlng scenario, the schedule ror construction or Trunk Highway 212 west or CSAII 4 Is "up In the air". Traffic that would be on that segment or Trunk Highway 212 (rrom Trunk Highway 5 to CSAH 4) would likely be trarric that would presumably be going north or south on CSAII 4 anyway and would be using this roadway rather than proceeding to or rrom the Trunk Highway S/CSAII 4 Intersection. (EP) 11. What did the Noise Study indicate and what is the County's obligation when or if standards are exceeded? "The noise study indicated that with the proposed improvements the projected noise levels in the year 2016 will increase slightly compared to the existing noise levels. The anticipated increase in noise levels in all cases is 3dBA or less. Noise level increases or 3dBA or less are considered Imperceptible to the human ear. It should be noted that the noise levels would be expected to increase even without the proposed improvements, due to anticipated trarric growth, which would occur with or without the project." CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works 4 "Federal Highway Administration (FHW A) noise standards apply to this project because federal funds are being utilized. According to FHW A standards, a noise Impact occurs when one of the following conditions exist: (1) the projected noise levels substantially Increase over the existing noise levels In the area, and (2) the projected noise levels approach or exceed the noise abatement criteria, which Is 70 dBA In residential areas." "There Is no mandated definition for what constitutes a "substantial Increase", but In general, Increases In the range of 10 to 15 dBA Is considered substantial. The predicted noise level increases on this project are 3dBA or less." "In one case of the noise study, both existing and predicted noise levels exceed 70 dBA. If an effective barrier were feasible at this location, Hennepin County would be obligated to consider mitigation. But Eden Prairie Road Is an uncontrolled access facility and barriers are usually not feasible for these types of facilities. For a barrier to provide significant noise reduction It must be high enough and long enough to shield the receptor from significant sections of the highway. Access openings In the barrier, such as driveways and side streets, severely reduce the noise reduction provided by the barrier. It then becomes economically unreasonable to construct a barrier ror a small noise reduction, which Is the case for this project. Safety at access openings due to restricted sight distances Is also a concern. Because placing a barrier such as a noise wall would not effectively reduce the noise along this roadway, Hennepin County Is not obligated to mitigate the noise on this project, and noise walls are not proposed." "The noise study Indicated that In several cases, existing and projected noise levels exceed the State standards set rorth by the Minnesota Pollution Control Agency (MPCA). The MPCA noise level standards are 6S dBA ror daytime hours and SS dBA for nighttime hours. Meeting MPCA noise standards Is very difficult for uncontrolled access facilities such as Eden Prairie Road, and mitigating to meet these standards on this project Is not feasible because of the number of driveways and street openings along the corridor. Hennepin County is not required to meet MPCA standards on this project because roadways such as Eden Prairie Road are exempt from Minnesota noise standards." (lIe) 12. There were a couple of questions regarding the potential for property values to decrease due to the construction project. This Is certainly a subjective and debatable Issue with many diverse opinions. However, property owners with property or easements being acquired by the County will be compensated for the difference in perceived value before and after the project. (EP) 13. There were a couple of questions regarding the CSAH 4 profile (between Summit Drive and Red Oak Drive) and lowering that profile to help mitigate noise impact. The construction plans Indicate that the proposed profile (from approximately 200 feet south of Candlewood Parkway to approximately 200 feet north of Berger Drive Is generally one to three feet lower than the existing profile. Specifically, at the Intersection of Candlewood Parkway and CSAH 4 the proposed elevation of this Intersection Is approximately 3.6 feet lower than the existing Intersection. (EP) 14. When the proposed trails are plowed, where would the snow be stored and wouldn't the trees adjacent to the trail be damaged? After discussing this with the Eden Prairie Parks Department, they Indicated that their policy would be to try to clear the trail on at least one side or the roadway and would likely use "snow blower type" equipment to minimize damage to adjacent trees/property. (EP) 15. There were drainage problems identified in the Lincoln Lane area and on the cemetery property. Two orr-road catch basins are proposed to pick up adjacent property drainage near Lincoln Lane and the storm sewer in CSAH 4 right-or-way will be sized to accommodate ruture Lincoln Lane drainage. Drainage culverts under the cemetery driveways will be built low enough to adequately drain the cemetery property. (EP) CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works 5 16. Construction of Lincoln Lane should occur with this project. Hennepin County Is not obligated to rebuild Lincoln Lane beyond their project limits. U the residents of Lincoln Lane are serious about the reconstruction of Lincoln Lane, a petition to request improvements would be necessary. (EP) 17. There appears to be a need for signal lights at the current Scenic Heights Road intersection and possibly at the Miller Parkway East (Miller Park Entrance) intersection. This project does include the installation of a temporary traffic signal light at the existing Scenic Heights Road intersection with CSAH 4. A traffic signal at the intersection of Miller Parkway East and CSAH 4 is unlikely due to the close spacing between the existing Scenic Heights Road intersection and the Miller Park Entrance. (EP) 18. There appears to be a safety issue regarding the proposed retaining walls in the back yards of a couple properties on Berger Drive. "There are two issues regarding sarety in the vicinity of House Nos. 16075 and 16087 on Berger Drive. The first issue brought up by the property owner was their concern about vehicles leaving the roadway and running down the slope Into their backyards. They stated that this had occurred in the past. With the new typical section which includes curb and gutter and a 14-root wide berm behind the curb, motorists have sufficient area to recover if they do leave the roadway. In addition, the area Is on the Inside or the curve. Motorists should be less likely to leave the roadway on this side." "The second Issue Is the sarety or pedestrians and bicyclists adjacent to the steep slope and the walls. To address this sarety issue, fencing will be installed along the east side of the trail in this area." (HC) 19. What further steps are necessary for construction plan approval? The Eden Prairie City Councll will be required to approve the final construction plans. As indicated previously in this memo, the Eden Prairie City Council is scheduled to consider the construction plan approval at their regular Councll meeting on October 7, 1997. Approval of a Cooperative Construction Agreement between Hennepin County and the City of Eden Prairie will also be required. (EP) In addition to the above general questions/concerns, there were a few individual property owner concerns relating to the project. Those concerns have been addressed by discussions between Hennepin County and the individual property owners. cc: Carl J. Jullie, City Manager Mayor and City Council Bruce Polaczyk, Hennepin County CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works CITY COUNCIL AGENDA DATE: SECTION: Appointments October 7, 1997 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Human Resources, Community Appointment of Student I Youth X· f\-F Information & Services, Natalie Swaggert Members to Commissions Requested Action It is recommended that the Council review the proposed candidate slate for Student / Youth Members to Commissions, and take the following actions: Appoint: Arts Commission • Collin Boggs • Heather Thompson Environmental and Waste Management Commission • Stephen Nelson • Megan Walker Heritage Preservation Commission • Jenny Freemyer • Kristin Kelly Human Rights and Diversity Commission • Andrea Brown • Te Sopanha Parks, Recreation and Natural Resources Commission • Stacy Enger • Elizabeth Cook Planning Commission • AdamHupp • Kyle Halvorson All appointments will commence with the first commission meeting in November and conclude with the last meeting in May of 1998. In 1992 the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions. Two students are appointed by Council action each October to serve terms beginning in November and Concluding in May of the following spring. StudentIY outh members are non- voting. h:hr\council\97info\97a-yuth.wpdlbrrun I CITY COUNCIL AGENDA Date: Oct. 7, 1997 Section: Director of Parks, Recreation and Natural Resources Department: PRNR Tria Mann & Jim Clark Subject: Staff Recommendation for the 1998 4th of Item No.!:x[:-c" Jul Site Selection RECOMMENDATION Staff recommends that the 1998 4th of July Celebration sites remain at Round Lake Park and Staring Lake Park for daytime activities and at the Eden Prairie Center for the evening entertainment and fireworks. This recommendation is based on the following information. PRO AND CON INFORMATION ROUND LAKE PARK • • • • • • Hometown "park" atmosphere green space beach and water available more activities available all day stay for participants concessions make more money OTHER FACTS • • • • • CONS size of the park does not accommodate the number of participants limited traffic flow limited parking ( especially accessible) due to construction construction of Valley View Road in 1998 plus possible construction of the new activity center more "hands on" clean up the next day • wear and tear of park • weather pending • With the increase of fireworks this year (financially, length of time and amount) and the number of spectators, we anticipatc having to limit the number of spectators (potentially turning away people) at Round Lake Park due to the limit of accommodations for parking, traffic flow, and safety. • Although the new parking lots at the High School are not yet complete, Police have been able to use the lots for football games with favorable results. 1 FLYING CLOUD AIRPORT fB.QS. • lots of grass (green) space • Wide-open area for viewing of fireworks • work cooperatively with Planes of Fame for tours • conceptionally the FAA Tower Chief is supportive of the idea as of Sept. 10, 1997 OTHER FACTS • • • • • • • • CONS one road for traffic flow (congestion) - access roads would need to be built for safety reasons mosquitoes / buggy no shade limited designated parking wear and tear on fields vendors need black top and tents weather pending limitations to time frame as well as what can and cannot be done based on permits requested by the M.A.C. and the FAA • question on whether the airport can really close for the event or not • no event focal point -people spread out all over • increase of police, park, and recreation staff due to increase of safety, traffic flow, parking, set up and clean up concerns • safety issues with all the hazardous materials at the airport • There is a great concern for safety, traffic management, accessibility, logistics, and planning time in relations to the FAA and M.A.C. permits that are required. • The FAA and the M.A.C. will most likely ask us to hold harmless and cover all liability. 2 EDEN PRAIRIE CENTER • • • • • • • • • easier clean up set up was easier and faster no bugs concessions did not need tent rental more relaxed atmosphere throughout all three sites (Round Lake Park, Staring Lake Park, and EP Center) more parking better traffic access and flow (25 minutes to empty lot after fireworks) potential for regional event down town • increase of business involvement which may mean more money (contributions) and the possibility of turning fireworks program over to the business communities • community event other than City event • increase number of spectators • creates a good partnership with businesses • increase of promotions for the down town area • larger viewing area • decrease of police staff during the day • allow many residents in the highest density area ofthe city to view the fireworks from their own residence OTHER FACTS • • • • CONS limited to the length of day and types of activities decrease in concession revenue because people are spread out and the length of time is shorter (concessions would be encouraged to be more mobile) lack of green space the current fall out zone would need to be reassessed due to a new business being built across from the mall • Cost comparisons for Police services in 1996 at Round Lake Park = $4,300 and in 1997 at the Eden Prairie Center, Round Lake Park & Staring Lake Park = $1,900. CLOSING COMMENTS Staff would like a decision for selection of site at the October 7, 1997 City Council meeting to help with the planning time line. attachment: 1997 4th of July Results 3 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: • A 17 participant increase in the mini-triathlon (94 participants). • A 21 participant increase in the kiddie triathlon (62 participants). • 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. • Concessions made $400 for the day compared to $100 last year. Staring Lake Park: • An estimated 556 people attended the Teddy Bear Band concert. • An estimated 212 people attended the Community Band concert. • Games and activities were held from 3:30 -6:30 p.ll • Concessions ran from 3:30 -7:00 p.m. Eden Prairie Center: • Set up began at 11 :00 a.m. for the fireworks and 4:00 p.ll for the entertainment area. • The first spectators arrived between 6:30 & 7:00 p.m. • By 8:00 p.ll there was an estimated 400 people in the Sears parking lot entertainment area. The lot was filled by 9:00 p.m. with an estimated 2,000 -3,000 spectators at the entertainment area. • The police have estimated 30,000 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 yous as spectators left the lots. • Many compliments were received about Kid Hollywood and the Wild Coconuts, the evenings entertainment. Budget: The preliminary budget results for the 4th of July are: (does not include full-time staff cost for Recreation, Parks, Police, or Streets) Total Expenditures: Total Revenue: Difference: % Subsidy Cost per person: Based on attendance of: 1996 $22,480.00 $15,166.00 -$ 7,314.00 33% $.49 15,000 spectators 1997 $27,103.95 $16.590.00 -$10,513.95 35% $.35 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.