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HomeMy WebLinkAboutCity Council - 11/04/1997AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 4, 1997 8:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, OCTOBER 21,1997, ON CONSERVATION EASEMENTS AND COMMUNICATIONS REGARDING DEVELOPMENT PROPOSALS B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 21,1997 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD BIDS FOR TENNIS COURT AT RICH MARSH LAKE PARK C. APPROVE BIDS FOR NEW ROOF-TOP UNIT AT THE SENIOR CENTER D. APPROVE BIDS FOR RESTROOM REMODELING AT EDEN PRAIRIE CITY CENTER City Council Agenda Tuesday, November 4, 1997 Page Two E. APPROVE CHANGE ORDER #8 FOR DEN ROAD LIQUOR STORE F. GE CAP IT AL/GE CAPITAL FLEET SERVICES by Capital Pointe LLC. 2nd 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, Adopt the Resolution for Site Plan Review on 60.29 acres and Approval of a Developer' Agreement for Capital Pointe LLC. Location: West 78th Street. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) G. APPROVAL OF CHANGE ORDER NO.3 FOR PARKS/PUBLIC WORKS. I.C. 96-5417 H. RESOLUTION APPROVING LEASE BACK AGREEMENTS WITH MnDOT FOR FIRE STATION NUMBER 1 AND EXISTING PARKS/PUBLIC WORKS MAINTENANCE FACILITY. I.C. 96-5417 I. RESOLUTION APPROVING CONTRACT WITH SUMMIT ENVIROSOLUTIONS FOR INSTALLATION OF AQUIFER RESOURCE MANAGEMENT SYSTEM J. APPROVAL OF SPECIAL ASSESSMENT AGREEMENT WITH JERRY'S ENTERPRISES FOR SEWER AND WATER ACCESS CHARGES FOR PRESERVE VILLAGE MALL K. RESOLUTION APPROVING FINAL PLAT FOR WASHBURN McREA VY ADDITION V. PUBLIC HEARINGS/MEETINGS A. '97 SFI REZONING -SPRINT TOWER by BFI/Sprint. Request for Zoning District Change from Rural to 1-2 on 9.5 acres and Site Plan Review on 9.5 acres. Location: 9813 Flying Cloud Drive VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS City Council Agenda Tuesday, November 4,1997 Page Three VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REVIEW THE BOARD OF ADJUSTMENTS & APPEALS DENIAL OF VARIANCE #97-10. MOORE LEASING IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION -Council member Nancy Tyra-Lukens X. APPOINTMENTS A. HERITAGE PRESERVATION COMMISSION -Appointment of a member to the Heritage Preservation Commission to fill an unexpired term through March 31, 2000 XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Proposed Contract Settlement Agreement with SFS C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT Iim lILfi UNAPPROVED MINUTES CITY COUNCIL/STAFF WORKSHOP MEETING TUESDAY, OCTOBER 21, 1997 6:30 PM, HERITAGE ROOM IV 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfmnson, Jr. and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Public Works Gene Dietz, Director of Parks, Recreation & Natural Resources Bob Lambert, and Council Recorder Jan Nelson ROLLCALL All members were present. I. CALL MEETING TO ORDER Mayor Harris called the meeting to order at 6:40 p.m. II. DISCUSSION ITEMS A. CONSERVATION EASEMENTS Referring to his memo of October 21, 1997, Lambert reviewed the two types of conservation easements the City uses. He said since the controversy in the Big Woods area they have had calls more regularly for conservation easements as people realize the value of establishing an easement in order to keep the trees. He said the easements that are used to preserve backyards between houses will probably disappear within ten years. The scenic easements that are not obvious to property owners will be difficult for the City to manage because most of the markers will disappear in a few years along with the conservation easement line. We would have to get a court injunction in order to enforce that type of easement. Lambert said it makes sense to put in carsonite markers but we cannot ensure the markers will remain in place. Staff has been encouraging developers to put hillsides or wooded slopes into an outlot with a scenic easement over the outlot because that means it will be more likely to be preserved. They also encourage the developer to gift the outlot to the City because the homeowners' association usually does not want to maintain the outlot and the property owner gets a tax write off that way. Harris noted that was the process we used most frequently over the last 6-8 years. She asked why we have begun to use the conservation easement more frequently. CITY COUNCIL/STAFF WORKSHOP MINUTES October 21, 1997 Page 2 Lambert said we have had scenic easements along the creek areas and they work there; however, they have had a problem with filing the scenic easement. It is generally required as part of the Developer's Agreement that a scenic easement be put over the area. We approve the document and ask them to file it with the final plat. The filing of the final plat may not occur before some of the lots have been sold, so those buyers are not aware of the scenic easement. They have considered having a signed scenic easement document at the time of final plat with the City in charge of filing it. Such a document would work in some occasions, but we still need a way to catch it before any lots are sold. Enger said we have 25 years experience in this area. He noted it is highly labor intensive and a lot of difficulties arise. He thought there is probably a technique that should be used in certain situations only, such as creek bluffs and lakeshore. Those will take a lot of staff time to enforce. We need to determine what works and what will endure over the long haul. He thought we have had a huge success in tree preservation as a result of the process we went through to implement the Tree Preservation Ordinance. Case said the owners have a visual identification of the easement if you can keep the bulldozers off the area in the development phase. He met with 8 of 13 homeowners involved in the Big Woods issue, and no one there knew where the easement was. They had no concept from the initial plat map. He thought an easement still gives more of a chance to save some trees. Lambert replied that if a scenic easement is put in place for that purpose, then the property owner has a legal right to require enforcement. Case agreed that we need to use the easements very judiciously. He thought the Big Woods was an instance where the property owners did not know about the easement when they bought the property. He thought we need to enforce blatant cases such as the property owner who roto-tilled part of the Big Woods. Enger said if we had a test case we would know; however, it would depend on what the penalty would be as to whether it was worth it. Case asked if the City every enforces easements because he wanted to make sure it does what we want it to do. Lambert said if we want to test the issue we need to decide what would be a good court case, because it would put Staff in a difficult situation if we don't enforce. Case said City Attorney Pauly gave Stu Fox advice on establishing a legal process for enforcement. Harris thought going forward we need to select opportunities where there is a possibility of enduring conservation. She thought we need to examine very carefully the pros and cons of pressing the issue in the Big Woods. Enger said there was a Minnetonka court case with a woman who wanted her front yard to grow in a natural condition. They followed the letter of the law, and there CITY COUNCIL/STAFF WORKSHOP MINUTES October 21, 1997 Page 3 were no winners in that case. The City has used the strategy that the tree policy was adopted to try to make the discussion of the issue objective, not subjective. We wanted to have a policy and ordinance that would be enduring and that we would not have to test and possibly have it thrown out. He thought we may need to re-look at how we can get past the construction phase with the easements. Case said the big issue is the Big Woods. He thought it might be possible that the one property owner would settle before we went to court. Tyra-Lukens said we had a lot of discussion on tree mass when she served on the committee to review the ordinance. She thought we may need to specify no grading in a specific area, because she doesn't see developers attempting to maintain tree mass. Case said he liked the outlot idea. Harris agreed and said she thought we need to revisit the legal issues. She remembered the long discussions about the Big Woods and how we need to preserve this as a unique area of Eden Prairie. In the current issue in the Big Woods, she thought we will be inserting ourselves into the middle of a dispute between two home owners. Case thought we need to get back to whether we want to direct Staff to take the early steps to pursue legal action against the one homeowner in the Big Woods. He did not want to put this on the back burner. Jullie noted a letter did go out to the homeowner. Dietz said he didn't think there would ever be a big penalty or fine. He thought we could put in a requirement for a metes and bounds survey early in the development process. That would mean more work for the developer but would help establish the easement early on. B. COMMUNICATIONS REGARDING DEVELOPMENT PROPOSALS Harris said we talked to Staff about the need to understand the unique and difficult proposals that are coming up. Her experience is that Councilmembers attending meetings with the developer have not been productive, partly because the activity takes place on the front end of a long process. She thought we disenfranchise the commissions and our Staff as a result of those meetings. She would like to receive a one page sheet with bullets describing problematic projects that are coming through. Thorfinnson hasn't found the meetings particularly useful either. With the development on the corner of Pioneer Trail and Hwy 169, he had people telling him what other Councilmembers said and trying to play one against the other. He was equally concerned about what we are doing to the commissions by usurping the process. 8 CITY COUNCIL/STAFF WORKSHOP MINUTES October 21, 1997 Page 4 Tyra-Lukens agreed with the points made, especially the issue of subverting the commissions. She thought a lack of disapproval for a proposal was taken as approval. She thought there are always issues brought up at commissions and public forums that we hadn't thought of. She thought having a sheet of information on a development proposal would be sufficient. Butcher-Y ounghans thought the tacit approval issue is a problem. She asked what the benefit is to the meetings with the developers. Enger said Staff began recommending neighborhood meetings and, if Councilmembers received calls after the meetings, they did not know anything about the proposals. He thought the developers can't resist the urge to get approval up front. Case thought the meetings came out of the Pulte project where we got 20-30 calls before we saw anything. He thought we need to be able to say we know about the project and get the information up front. He thought a plat map would be helpful to have, especially if the development is controversial. Thorfmnson suggested a one-page summary of everything going through the system that would list the number of units and potential issues. Tyra-Lukens noted it would have to be timely. Enger said we have a Project Profile that has been used to provide a chronological list of projects from the point where we have just heard about them. He suggested starting with that as a tool and see if that would provide the kind of information needed. Harris would like to see three or four lines on the status of a project so that we can be aware of developments. We could then ask for more information. Dietz suggested asking developers to provide a summary paragraph in the developer's package that would describe the project. Enger noted this would not address the problem of the developer having the neighborhood meeting and then Councilmembers getting calls about the development. Case thought in that case he would at least have an idea of what the project is about; however, he thought we still have a problem with long-time residents who are developing their property. Harris thought we are talking about the routine processes at this point. Thorfinnson thought it was okay to meet with the developer but we should make it clear that anyone there is speaking on his or her own and is not speaking on behalf of the entire Council. Harris thought Staff has to carry that message to the developers. Tyra-Lukens thought we were talking about the importance of not circumventing the whole process by meeting with developers up front. We have to be very Lj CITY COUNCIL/STAFF WORKSHOP MINUTES October 21, 1997 Page 5 careful that we don't circumvent the process in any way. We need to let groups work, deal with it when it comes to the Council level, and not get over-involved prior to it coming before the Council. Harris thought there is an undercurrent of commission concern about City Council confidence in them. It is important that we understand it is perceived as the Council position when we speak. She thought it should be one of the rules of conduct for Councilmembers because we want unbiased recommendations from the Commissions. Butcher-Y ounghans thought the group process with the commissions is a better process anyway. Harris said we want to make sure not to gag anyone, but rather to organize things and make sure we get the best advice back. III. OTHER BUSINESS IV. ADJOURNMENT Mayor Harris adjourned the meeting at 7:25 p.m. 5 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 21, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Y ounghans, Ronald Case, Ross Thorfmnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLLCALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson added item XI.A.l. Report on 1-494 Corridor Commission. Harris added item XI.A.2. Jullie added item IV.O. APPROVAL OF THE CITY OF EDEN PRAIRIE EMERGENCY OPERATIONS PLAN. Jullie noted the Eden Prairie Hockey Association item in IV.A.l. should be titled LAWFUL GAMBLING PREMISES APPROVAL AT HALF TIME RESTAURANT. MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to approve the Agenda as published and amended. Motion carried 5-0. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, SEPTEMBER 30, 1997 MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to approve the Minutes of the City Council/Staff Workshop held Tuesday, September 30, 1997. Motion carried 5-0. B. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, OCTOBER 7, 1997 MOTION: Tyra-Lukens moved, seconded by Case, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, October 7, 1997. Motion carried 5-0. CITY COUNCIL MINUTES October 21, 1997 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 7. 1997 Case said the last sentence of paragraph 5, page 6, should be changed to: " ... he does not believe that a wetland has to necessarily have water in order to be a viable wetland." Butcher-Younghans said paragraph 8, page 11 should be changed to " ... oral history of a burial site near the cemetery area .... " MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the Minutes of the City Council meeting held Tuesday, October 7, 1997, as published and amended. Motion carried 5-0. IV. CONSENT CALENDAR A. B. C. D. E. F. G. H. I. J. CLERK'S LICENSE LIST 2ND READING OF ORDINANCE 54-97 AMENDING CHAPTER 5, SECTION 5.35, TOBACCO 2ND READING OF ORDINANCE 55-97 AMENDING CHAPTER 4, SECTIONS 4.22, 4.33, AND 4.41, BEER, WINE AND LIOUOR LICENSING AND REGULATION APPROV AL OF OAK POINT POOL HOURS APPROVAL OF RELOCATION OF ARCHERY RANGE WASHBURN McCREAVY FUNERAL CHAPEL by Washburn McReavy Funeral Chapel. 2nd Reading of Ordinance 53-97-PUD-33-97 for PUD District Review on 7.51 acres and Zoning District Amendment in the Community Commercial Zoning District on 7.51 acres, Adopt Resolution 97-195 for Site Plan Review on 7.51 acres and Approval of a Developer's Agreement for Washburn McReavy Funeral Chapel. Location: East of Mitchell Road and Martin Drive Intersection. (Ordinance 53-97-PUD-33-97 for PUD District Review and Zoning District Amendment and Resolution 97-195 for Site Plan Review) APPROVAL OF MINI RINK AT WYNDHAM KNOLL PARK FOR ONE- YEAR RESOLUTION 97-196 AWARDING BID TO ABM EQUIPMENT FOR NEW 1997 AERIAL LIFT TRUCK. I.C. 97-5436 RESOLUTION 97-197 APPROVING FINAL PLAT FOR BRECKENRIDGE TIDRD ADDITION RESOLUTION 97-198 APPROVING FINAL PLAT FOR BEARPATH NINTH ADDITION CITY COUNCIL MINUTES October 21, 1997 Page 3 K. APPROVAL OF INFORMAL PROFESSIONAL SERVICE AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES FOR SIGNAL ANALYSIS AT FOUR SIGNALIZED INTERSECTIONS L. APPROVAL OF INFORMAL PROFESSIONAL SERVICE AGREEMENT WITH HTPO FOR CONCEPT PLAN FOR BYPASS LANE ON ANDERSON LAKES PARKWAY AT FRANLO ROAD M. AUTHORIZE IMPLEMENTATION OF A WINTER USE PERMIT FOR THE SOUTHWEST REGIONAL LRT TRAIL WITH HENNEPIN PARKS N. RESOLUTION 97-199 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL LOAN AGREEMENT AND INDENTURE OF TRUST RELATING TO THE WINDSLOPE APARTMENTS PROJECT MULTI- FAMILY HOUSING BONDS O. APPROVAL OF THE CITY OF EDEN PRAIRIE EMERGENCY OPERATIONS PLAN MOTION: Case moved, seconded by Thorfinnson, to approve items A-O on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGSIMEETINGS A. SPECIAL ASSESSMENT HEARING (Resolution 97-200) Jullie said the official notice of this Hearing was published October 2, 1997 in the Eden Prairie News and mailed to all property owners affected. City Engineer Alan Gray presented a review of the general scope of each project proposed to be assessed, including the final project costs and proposed assessment rates. He then noted changes to be made to the published assessment rolls. Regarding the Sunny brook Road assessments on page 1, he said the owners of the Wersel and Farrel properties have requested that those properties be treated as homestead property at this time, which would move the assessment for the additional units to the time of development. Referencing page 6, the Supplemental Trunk Sewer and Water assessments, he said we have received a written objection from Physical Electronics. He recommended that this assessment be adopted, and then we can enter into some negotiations with them. If the settlement is much different from the initial assessment, staff will bring it back to the Council for review. Gray said the Tax Forfeiture item on page 7 is the reassessment on a property that is back out of tax forfeiture. He recommended we change the number of years from five to ten, per the owner's request. CITY COUNCIL MINUTES October 21, 1997 Page 4 Gray noted staff answered many questions during the meeting time from 6:00 to 7:00 p.m. tonight, so there may not be many questions from the audience tonight. There were no comments from the audience. Regarding PID 21-23-0018 on page 7, Butcher-Younghans asked why that property is being assessed over 14 years. Gray replied it is probably an exclusion that was part of the original assessment six years ago, which we would have assessed over a total of 20 years. Now they are using the facilities, so we will assess over a 14-year period. He noted it has been our policy to do that and have told people we would. MOTION: Thorfmnson moved, seconded by Case, to close the Public Hearing and to adopt Resolution 97-200 approving the 1997 Special Assessments. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorrmnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REOUESTS AND COMMUNICATIONS A. CONCERNS AND QUESTIONS FROM PLEASANTVIEW ROAD RESIDENTS REGARDING INTERSECTION OF IDGHW AYS 101162 AND DELL ROAD Jullie noted that in May 1997 the Hidden Glen Neighborhood petitioned the Council to place temporary barriers on Pleasantview Road due to extreme traffic levels. October 15, 1997 was to be the date for removal of the barriers. The residents have now requested to appear before the Council suggesting three alternatives for Council consideration which would give them relief from traffic levels for their neighborhood. Dietz reviewed his memo of October 21, 1997. He said the residents' alternative for a one-way street would be effective only if there could be another one-way in the other direction in the neighborhood, and we don't have an opportunity for that in this area. We would not be able to close it permanently because there is not enough room to put a terminus on the cul-de-sac. He thought their third alternative of two additional stop signs on Pleasantview Road at Bracketts Crossing and at Barrington would be the best. He thought this might be a reasonable solution to the problem of traffic cutting through. 4 CITY COUNCIL MINUTES October 21, 1997 Page 5 Brian McQuillan, 19141 Pleasantview Road, said the purpose of the letter of October 13 from the residents was to give them an opportunity to come back to work with Council and staff and to have a community meeting to discuss it. The alternatives listed were not intended to be inclusive, and they had hoped to have more on-going conversation among themselves and with City staff. He would like to have a decision deferred so there could be more conversation. Mike Turgeon, 19197 Pleasantview Road, said the biggest objection they have heard for closing the road permanently is the issue of snow removal. He thought we could have another six months of closure on the road to see how things would work with the snow removal this winter. This would create the least amount of changes for all those involved. Laura McQuillan, 19141 Pleasantview Road, said the road was not designed for the traffic level that is on it. She has concerns that we are benefiting those who are not Eden Prairie residents. If the stop signs are the best way to go, they want to keep the dialogue open with the City. She thought it will require heavy enforcement during rush hours. Kent Rigdon, 19200 Pleasantview Road, thanked the City for closing the road during the summer so they could feel safe backing out of their driveways. He said they are located at the end of the county and at the end of the City and are put in a no-win situation even with the stop signs and the eventual stoplight on Hwy 101. Fred Goldberg, 18921 Joseph Curve, understood the closure was temporary. The traffic pattern past his house has increased significantly since Pleasantview Road was closed. He noted they were not made aware of this meeting but he did walk around his neighborhood last night and asked people to fax letters to Alan Gray. He thought the stop signs on Pleasantview are a good idea. He . would encourage putting in a no right turn onto Pleasantview during rush hours. They would like to see the barricades removed. Dietz said he had erred in assuming that the recommendation would lead to no further discussion. He said they got a petition with 36 signatures on it and several letters from the residents in the area asking that the street be opened. Tyra-Lukens asked if it isn't a matter of more than just space available for snowplows, but also turn-around space. Dietz said all the service vehicles would have a problem with turn around. Tyra-Lukens then asked him to define a collector street. Dietz said the standard width for collector streets is 32 feet, and that is the width of Pleasantview. We have as many as 3000 vehicles per day on collector streets. He said the levels they were at were within the ability of that type of street to handle. Tyra-Lukens asked Dietz to clarify the criteria for a four-way stop. Dietz said there should be a combination of 500 vehicles per hour in both directions 5 CITY COUNCIL MINUTES October 21, 1997 Page 6 combined. He said there is no way this street would meet that criteria, but there are other reasons to put up the stop signs. He noted there will be a high incidence of disobedience to the stop signs there. He said they would not be able to patrol it all the time, but they would enforce it when they put the signs up so that people get used to it. Case thought the road has to be opened, and he thought there are things we can do to stop the non-Eden Prairie traffic from using it as a through street. He would like us to petition the County to have a no right turn from H wy 10 1 during the morning rush hour. He thought that would stop the drivers who are going north on 101; however, it would not stop those cutting across Hwy. 101, but the stop signs might deter them. He did not think the residents moved in expecting 3000 cars per day on that street. He would like to have Staff pursue the no right turn issue with the County. Dietz said the maximum traffic volume before the road was closed was 1400. He thought the traffic will be freer flowing now with the construction that has taken place. He would caution against doing more than the stop signs at this point as they would like to monitor the situation and see if other measures are necessary. Case thought there is a long process involved in going to the County, and he would like to have Staff pursue that. If we have the power to put the no right turn sign up, then we should do it, otherwise we should go through the County. John Kuzara, 19113 Pleasantview Road, did not think the idea that Pleasantview Road was a collector street was brought forward at the meeting in May. He asked if width of the street is the only criteria. Dietz said the functional class drives the width of the street. They knew there would be a higher volume of traffic on that street, so they planned it with a 32-foot width. Kuzara said they had a meeting with Rod Rue, and they discussed that this was a residential street. Dietz said the road was designed as a collector street; however, the fact that driveways along the street are used to back out into the street also enters into the situation. He thought this is a good first step to address the issues. Kuzara thought the construction has nothing to do with the level of traffic on Pleasantview because they have had problems for years. Dietz said if we refer back to the discussion in May we would see that we expected the traffic to get significantly worse than it was at the time, and that was the reason for our temporary closure. He thought Hwy 101 and 62 will be a convenient alternative, and he would not anticipate a big back-up in this vicinity. Kuzara thought the 1400-car volume estimate is too low. He thought the reality is that they will still cut through. He asked if the concern is that we are limiting traffic within Eden Prairie. Harris said that is one of the concerns, because our transportation system is designed to distribute traffic around the City. Kuzara to CITY COUNCIL MINUTES October 21, 1997 Page 7 said they get a lot of traffic from Chanhassen, not Eden Prairie, and he did not understand why a one-way would not work. Dietz thought we can monitor what is happening and we can always do more. Ladonna Krumholz, 19004 Pleasantview Road, said the traffic has been getting worse over the years. They have worked with the City and were told that stop signs would be driven through, especially unwarranted stop signs. She would like to discuss the alternatives and is not necessarily satisfied with the stop signs. She thought a one-way street would not cut off access for Eden Prairie residents, and she would like to consider that alternative. She thought expanding Hwy 101 to Hwy 5 will cause more problems. Tyra-Lukens asked if the preliminary plans for expansion of Hwy 101 shows any kind of divider that would eliminate crossover traffic. Dietz said they do not have any layout plan at this time; however, it is being developed. He didn't think there could be a full median through the intersection because all of the area west of Eden Prairie Road relies on that for access. He did not know if it will be signalized. Harris thought we should try the stop signs and monitor it to see what other mitigation might be required. A discussion followed about the no right turn sign. Dietz said we have talked to the County about this; however, he did not think we have ever had this situation with a county road before so he did not know what the protocol might be. He asked what would constitute an appropriate level of traffic. Butcher-Younghans would like to go slowly with this, and she thought the stop signs will change the behavior of Chanhassen drivers cutting through. She would be willing to have the neighborhood come back and talk about this again; however, we need to remember a change in the traffic pattern in one area changes it in another. Thorfinnson did not think there is a reason not to apply for the no right turn sign at this point. Once the intersection of Hwy 101 and Dell is finished, he thought the traffic will flow freely. In response to Dietz' question as to what is an acceptable level of traffic, he thought we need to come to a meeting of the minds, and a committee may be the best way to do that. Harris thought there are other residents who are feeling the impact of the road being closed. She would like to go ahead and discuss the sign with the county, but evaluate whether we want to put it in or not. Thorfinnson thought a sign would present some difficulties to the neighborhood. MOTION: Case moved, seconded by Thorfmnson, to approve the Staff recommendation for removal of the temporary barricades on Pleasantview Road at TH 101 and installation of 3-way stop signs as per the Staff Agenda Report of October 21, 1997, and with the request that staff pursue with the County putting in a no right turn sign to cover rush hours with the Council to have final approval to install such a sign. Motion carried 5-0. 1 CITY COUNCIL MINUTES October 21, 1997 Page 8 IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Update on 1-494 Corridor Commission Thorfinnson said they are in discussions with the Southwest Corridor Coalition to promote a bus tour for elected officials through the southwest corridor. They are planning to have the tour in November and would like to get as many representatives and senators here as possible. They will be bussed from Plymouth and Maple Grove for a presentation here at the City Center. He asked the Councilmembers to participate if possible. 2. Breast Cancer Awareness Month Harris thanked Councilmember Tyra-Lukens for representing the City at the walk held recently at the Mall of America to highlight Breast Cancer Awareness month. Tyra-Lukens noted it was a wonderful event, and she learned the Mall has a clinic for women who do not have insurance for health screening procedures. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:30 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 11-4-97 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. CONTRACTORS Bearpath Golf & Country Club Gibbs Construction Inc Gorski & Olson Construction Inc IndoffInc DJ Kranz Co Inc McCarthy Construction Inc Verne V Olson II Inc Scherer Building Corporation (Scott L. Scherer) US West Communications Inc HEATING & VENTILATING J & KHeating South Mechanical Contractors Inc GASFITTER Bell-Air Heating & Cooling Co C & M Plumbing Heating & Air R & S Heating & Air Conditioning Inc South Mechanical Contractors Inc PLUMBING Foremost Mechanical Corporation South Mechanical Contractors Inc November 4, 1997 1 CITY COUNCIL AGENDA Section: Consent Calendar Department: PRNR # Stuart A. Fox, Manager of Parks & Natural Resources Subject: Award Bid for Tennis CourtlBasketball Court at Rice Marsh Lake Park RECOMMENDATION: Date: Nov. 4, 1997 Item No.: 7lI. 6. The Parks, Recreation and Natural Resources Department staff recommends awarding the bid to Finley Brothers, Inc. for installation of the tennis court and basketball court at Rice Marsh Lake Park at a cost of$44,425. Overview The proposed improvements for Rice Marsh Lake include a number of amenities. Currently, the park has been graded and seeded. The aglime infield for the softbaillbaseball field has been installed. This fall paving of the parking lot and trail connection to Rice Marsh Lake trail will be completed. Currently, staff is working to prepare the site for installation of this tennis courtlbasketball complex. Due to poor soils, the preparation work is being done this fall and installation of the court will not occur until the spring of 1998. Bid Summary Bid infonnation for installation of the courts was prepared, advertised, and bids received were from two contractors. The following is a summary of the two proposed bids: • • Barber Construction, Inc . Finley Brothers, Inc . Financial Background $56,019 $44,425 Funds for payment of this project will come from cash park fees. SAF:mdd bid. memo 1 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: DATE: 11104/9 C7. ITEM NO.1JJ _ Facilities Management Barbara Cross Approve Bids for New Roof-Top Unit at the Senior Center Recommendation: Staff recommends approving a contract to Centraire Inc. in the amount of$12,381.69 for a new rooftop unit at the Senior Center. Background: The rooftop unit will replace an existing unit heater at the end of its life expectancy. This heater has had a history of problems and is being replaced before it fails during the heating season. Bids were advertised and opened October 22, 1997. Centraire Inc. supplied the only bid. City staff believes the bid price is reasonable based on prior repair costs and budget projections for new 10 ton unit heaters Financial Considerations: Money to replace the unit heater was budgeted in the 1997 budget. I EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11/04/97D SECTION: Consent Calendar ITEM NO.1J/ . DEPARTMENT: ITEM DESCRIPTION: Facilities Management Approve Bids for Restroom Remodeling at Eden Prairie City Center Barbara Cross Recommendation: Staff recommends approving a contract to United Properties Construction Division in the amount of $26, 1 09.82 to remodel the upper level restrooms near the Garden Room Entrance. Background: The renovation of the City Center Building was completed in 1991. The restrooms, in this area of the building, were not remodeled due to budget constraints. The Facility staffhas received many complaints about the appearance of the restrooms, over the past several years. They are now in need of repairs, which will be done with the remodeling. Plans and specifications were completed, advertised and distributed. Bids were opened October 15, 1997. One bid was received from United Properties Construction Division. City staff was told by other contractors that their schedule is full through the end of February. Staff believes it is in the best interest of the City and its tenants to do the work now. The bid price matches the same work done on other similar restroom remodel projects completed by another contractor. Financial Considerations: Money to remodel the restrooms and bring them up to standards set for the rest of the building was budgeted in the 1997 budget. I EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: Facilities Management Barbara Cross ITEM DESCRIPTION: Approve Change Order #8 for Den Road Liquor Store RECOMMENDATION: DATE: 11104/97£ ITEM No.N . Staff recommends approval of change order #8 in the amount of $24,328.00. The new total for the construction of the liquor store is $1,329,798.51. BACKGROUND: Change order #8 covers additional storm sewer work and site restoration which should have been part of the original contract. The heavy rains this summer caused several washouts damaging the Super 8 property and the liquor store property. The change order improvements will restore the site and should prevent the washouts from occuring again. This is the last change order for the liquor store construction contract. The contractor is in the process of finishing the punch list items to receive final payment. FINANCIAL CONSIDERATIONS: The project is still within the anticipated budget amount. The money for the additional improvements will be funded with proceeds from the liquor store operations. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-4-97 SECTION: CONSENT CALENDAR ITEM NO. 1JJ. F -----41 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger GE CAPIT AL/GE CAPITAL FLEET SERVICES 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 60.29 acres and Zoning District Amendment in the Office Zoning District on 60.29 acres; • Adopt a Site Plan Review on 60.29 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement I GE CAPIT AL/GE CAPITAL FLEET SERVICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 52-97-PUD-32-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Office Zoning District 52-97-PUD-32-97 (hereinafter "PUD-32-97-0ffice"). Section 3. The land shall be subject to the terms and conditions ofthat certain Developer's Agreement dated as of November 4, 1997, entered into between Capital Pointe LLC and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions ofPUD-32-97-0ffice, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-32-97-0ffice is not in conflict with the goals ofthe Comprehensive Guide Plan of the City. B. PUD-32-97-0ffice is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-32-97-0ffice are justified by the design ofthe development described therein. D. PUD-32-97 -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 amended within the Office District and shall be included hereafter in the Planned Unit Development 32-97-0ffice, 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 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 4th day of November, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ________________ _ GE CAPITALIGE CAPITAL FLEET SERVICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 52-97-PUD-32-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summruy: This ordinance allows amending of land located at West 78th Street within the Office Zoning District on 60.29 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. Effectiye 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.) Exhibit A GE CapitaVGE Capital Fleet Services LEGAL DESCRIPTION: Blocks 1, 2, and 3, Outlots A, 8, C, D, E, F, G, H, I, J, all in GE.LCO FIRST ADDITION according to the recorded plat thereof and situate in Hennepin County, Minnesota. GE CAPITAL/GE CAPITAL FLEET SERVICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR GE CAPIT AL/GE CAPITAL FLEET SERVICES BY CAPITAL POINTE LLC WHEREAS, Capital Pointe LLC has applied for Site Plan approval of GE Capital/GE Capital Fleet Services on 60.29 acres for construction of3 buildings totaling 360,000 square feet located at West 78th Street, to be zoned within the Office Zoning District on 60.29 acres by an Ordinance adopted by the City Council on September 16, 1997; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 25, 1997, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its September 16, 1997, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Capital Pointe LLC for the construction of 3 buildings totaling 360,000 square feet, based on plans dated September 9, 1997, between Capital Pointe LLC, and the City of Eden Prairie. ADOPTED by the City Council on November 4, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER'S AGREEMENT GE Capital/GE Capital Fleet Services Capital Pointe THIS AGREEMENT, made and entered into as of November 4, 1997, by Capital Pointe LLC, a Minnesota Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for PUD Concept Review on 60.29 acres, PUD District Review on 60.29 acres, Zoning District Amendment in the Office District on 60.29 acres, Site Plan Review on 60.29 acres, and Preliminary Plat of 42.31 acres into 3 lots, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Planned Unit Development District Review and Zoning District Change, Resolution No. __ _ Site Plan Review, Resolution No. 97-179 for Preliminary Plat, and Resolution No. 9.7-178 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 confonnance 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 tenns, covenants, agreements, and conditions set forth in Exhibit C. 3. UTILITY PLANS: Prior to issuance by the City of any pennit 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 sanitary sewer, water, and storm sewer. Developer agrees to complete implementation of the approved utility plans concurrent with building construction and prior to issuance of any occupancy pennits for the property. 7 4. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. 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. 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 complete implementation of the approved plan prior to release of the grading bond. Developer shall remove any sediment that accumulates in the water quality 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 hislher 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. 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, as shown on Exhibit B, and incorporates said waivers as part of PUD __ -"" A. Building height from 30 to 74 feet. B. Impervious surface from 30% to 34.52%. 9. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to issuance of any building permit for the Property, the Developer shall enter into a cross access and maintenance agreement with the adj oining proposed lots as shown on Exhibit B, attached hereto. This Agreement shall address joint vehicle access and maintenance in parking areas, driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to final plat approval 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. 10. 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 9 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. 11. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner'S written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision Sa. 12. TREE LOSS -TREE REPLACEMENT: There are 12,238 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 2702 diameter inches. Tree replacement required is 796 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 of a tree replacement plan for 796 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 permit issuance. 13. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 30 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14. TRAIL CONSTRUCTION: Prior to building permit issuance 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 trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks, Recreation and Natural Resources Director. Trails shall be constructed in the following locations: /0 15. A. An eight-foot wide bituminous trail to be located in City right of way along West 78th Street as depicted in Exhibit B, attached hereto. Developer agrees to complete implementation of the approved plans concurrent with the construction of the loop trail shown on Exhibit B, in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 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 res~onsibilities to releas~, hold h~ess, defend and indemnify because of any inspection, reVIew or approval by CIty. but not including acts of the City relating to the Property. Not withstanding the foregoing, 1/ , OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN CAPITAL POINTE LLC AND THE CITY OF EDEN PRAIRIE TIDS AGREEMENT, made and entered into as of November 4, 1997, by and between Gelco Corporation, a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Ordinance No. for Planned Unit Development District Review and Zoning District Change, Resolution No. __ _ Site Plan Review, Resolution No. for Preliminary Plat, and Resolution No. PUD Concept Review, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: as more fully described in that certain Developer's Agreement entered into as of November 4, 1997, by and between Capital Pointe LLC, a Minnesota Corporation, and City ("Developer's Agreement"), Owner agrees with City as follows: 1. If Capital Pointe LLC, fails to complete construction and development in accordance with the Developer's Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Developer's Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Ordinance No. for Planned Unit Development District Review and Zoning District Change, Resolution No. ___ _ Site Plan Review, Resolution No. for Preliminary Plat, and Resolution No. _ __ PUD Concept Review, identified above, thus restoring the status of the Property before the Developer's Agreement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "~eveloper" in the Developer's Agreement. 12. DATE: 11104/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: LV. G. DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5417 Public Works Change Order No.3 Eugene A. Dietz Parks/Public Works Maintenance Facility Requested Action: Approve Change Order No.3 to the Parks/Public Works Maintenance Facility contract which reduces the contract price by $14,423.00. Background: The combination of Change Order No.1, No. 2 and No. 3 has the net effect of reducing the contract price by $13,178.00. There is an accumulation of 13 items for Change Order No.3 as listed in the attached document. Major items (over $1,000.00) are more fully described as follows: 1. Switch gear pad and extensions (+ $1.459.00). Subsequent to the bid opening, it was determined that the main electrical cabinets for the building need to be at least 18 inches above the floor level (code requirement). This item included building a concrete pad and extending electrical conduits to accommodate this modification. 4. Delete floor caulking (-$8.272.00). The contract documents specified that all contraction joints in the truck storage area were required to be caulked. Staff determined that this would be an unnecessary expense that would also lead to additional maintenance in the future and approximately 6,000 lineal feet of caulked joints were deleted for this savings. 9. Perimeter beam and wall panel anchorage (+ $4.028.00), The connections between the existing precast panels and perimeter beam of the existing building were found to have failed in a number of locations. The structural engineer for the project design team developed a remedial solution to reconnect the two building components using anchor bolts and steel angles. 10. Modification of Conference millwork (-$1.760.00). The building includes a conference room area for which the plans called for a hardwood veneer paneling on the wall separating the room from the lobby --similar in effect to the wood paneling details in the City Council Chambers. Frankly, this detail went unnoticed until very recently. Staff determined that the detail was not in keeping with the function of the building and that a modest cost savings could also be realized by eliminating the paneling in favor of a more traditional sheet rock finish. Consent Calendar Parks/Public Works Maintenance Facility I.C. 96-5417 -Change Order No.3 November 4, 1997 Page 2 of2 13. Precast wall panel credit (-$13,062.0()). Contract documents called for an exposed aggregate precast panel on the building expansion area to match the exiting precast panels. As delivered to the job site, the panels contained significant flaws in the exposed aggregate finish. The supplier --Spancrete Midwest Company --believe that they spent approximately $28,000.00 trying to remedy the problem in the field. However, the effect was a minimal improvement at best and may have made matters worse. At that point, there were only two choices -a. Reject the panels and delay the job by at least six weeks or b. Request a deduct in price. The fmal result is that Spancrete, in addition to the extra work to remedy the situation on site, paid the cost to add a second coat of paint and reduce the price for the panels by 10% ($13,062.00). While the cosmetic appearance is well short of perfect, from a durability and structural standpoint they meet all expectations. It should be noted that Spancrete Midwest Company never once denied responsibility for the problem and accepted the City's recommended solution for what I believe is the best "win-win" compromise available. This level of ethics and customer satisfaction as displayed by Spancrete Midwest Company is a rare commodity in the construction industry. Fmancial Considerations: A fmal Change Order No. 4 will be necessary for the project. Currently, there are approximately 13 additional items that are known that will have the net effect of increasing the overall contract by approximately $2,000.00. In addition, there is the potential for a soils correction issue and an electrical item that could be more substantial. The goal of staff has been to pay for change orders out of the telephone and furniture budget for the project. I will be available at the council meeting to more fully address these issues as requested by Council. 2 Change Order AlA Document G701 - Electronic Format OWNER ARCHITECT CONTRACTOR FIELD OTHER [] [ ] [ ] ~ THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 0401. PROJECT: (name. address) Eden Prairie Maintenance Building 15150 Technology Drive CHANGE ORDER NUMBER: Three DATE: 16 October 1997 Eden Prairie, MN 55344 TO CONTRACTOR: (name. address) Sheehy Constnlction Company. Inc. 360 LaroenteuT Avenue ARCHITECT'S PROJECT NO: 39096 CONTRACT DATE: 19 March 1997 CONTRACT FOR: General Construction ST. Paul. MN 55113 The Contract is changed as follows: See Attached Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum)(GaaraateeEl MaJURmm Price) was Net change by previously authorized Change Orders The (Contract Sum)(GaaraRteeEl Ma,tilRalR Price) prior to this Change Order was The (Contract Sum)(GaaraRteeEl Maximum Price) will be (iacreaseEl)(decreased) (aRcRaageEl) by. this Change Order in the amount of The new (Contract Sum)(GooraRteeEl MaJiilRUIR Price) including this Change Order will be The Contract Time will be (iRcreaseEl)(ElecreaseEl)(unchanged) by zero (ill days. $ $ $ $ $ The date of Substantial Completion as of the date of this Change Order therefore is 17 November 1997 3,619,900.00 1,244.52 3,621, 144.52 (14,423.00) 3,606,721.52 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. ARCHITECT CONTRACTOR Address Sheehy Constmction Company, Inc. _________ _ 360 Laroenteur Avenue OWNER Address City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 BY ________ ~-------------- AlA DOCUMENT G70 I -CHANGE ORDER -1987 EDITION -AlA -COPYRIGHT 1987 -THE MIERICAl'l INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C., 20006-5292 .. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to I~gal pros~cution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until the date of expiration as noted below. Electronic Format G701-1987 User Document: EPG701C3.DOC --10/16/1997. AlA License Number 67838, which expires on 5/31/1998 -Page #1 Change Order Number Three DATE: October 16, 1997 Project: The Contract is changed as follows: Eden Prairie Maintenance Building 15150 Technology Drive Eden Prairie, MN 55344 , DESCRIPTION CONTRACT CHANGE 1. PR '10-Switch gear housekeeping pad and extensions 2. 3/4" furring on precast walls at wash bay parapet 3. AS! #2O-Miscellaneous structural issues 4. Cost savings to delete floor joint caulking in Vehicle Storage 5. PR #21-GFI outlet installation 6. PR #2O-Delete flashing at window head 7. PR '19-Revised-Bollards, soil, curb and gutter at meter 8. ASI #24-Batt insulation installation under window sills 9. PR #24-Perimeter beam and existing wall panel anchorage 10. PR #22-Modification of Conference millwork 11. Recycled Class 5 aggregate under curbs 12. PR #23-0mit 1 ceiling mounted Wash Bay light fixture 13. Defective precast wall panel credit in accordance with attached letter from Sheehy Construction Co., dated 10/13/97 Add Subtotal Deduct Subtotal TOTAL $ $ $ ($ $ ($ $ $ $ ($ $ ($ ($ $ ($ ($ 1,459.00 575.00 60.00 8,272.00) 797.00 262.00) 853.00 224.00 4,028.00 1,760.00) 957.00 20.00) 13,062.00) 8,953.00 23.376.00) 14,423.00) Sheehy Construction Company 360 West Larpenteur Ave. P.O. Box 64570 St. Paul, Mn. 55164 Phone:612-48~91 Fax: 612-488-4992 Joan Bren Kodet Architectural Group Ltd. 15 Groveland Terrace Minneapolis, Mn 55403-1154 Re: Eden Praire Maintenance Facility Precast Panel Quality and Cost Redudion Dear Joan, SBEBBY Odober 13, 1997 Per the attached letter dated October 10, 1997 from Spancrete Midwest, the contrad value will be reduced by $13,062. With this redudion in cost, the requirement that the exterior finish of the precast panels comply with PCI Quality-Control Standards and also to match the approved mock-up panels, will be modified such that the in place, painted appearance of the panels will be accepted as is. Sincerely, Joe Schmid Vice-President cc: Gene Dietz-City of Eden Praire (Via fax 949-8326) PRECAST. WPS 5"Gllcrete Mie/we.teo. ~ .. ARCHITECTURAL & STRUCTURAL PRECAST CONCRETE -BOX 1360, MAPLE GROVE, MN 55311-(612) 425-5555-FAX 425-1277 October 10, 1997 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Eugene Deitz Re: Eden Prairie Maintenance Facility Spancrete Midwest Company Job #11912 Dear Gene: Spancrete Midwest Company recognizes that the quality of the exterior finish on the precast wall panels does not meet the expectations of all parties involved including the City of Eden Prairie, Kodet Architecture, Sheehy Construction and Spancrete Midwest Company. Spancrete Midwest Company has invested over 1,250 additional man-hours in our plant and in the field in attempt to remedy the texture concerns that exist on this project. This additional labor totals approximately $28,000 over our original contract amount. Although this work did improve the appearance and texture, the panels were still not acceptable. .' The job Originally called for one coat of Thorocoat on the new and existing wall panels. A test (one coat on the first panel and two coats on the second) was performed on two panels on the south elevation. Upon inspection of the result, Spancrete agreed to pay for the second coat of paint on only the south and east elevations. The estimate for this second coat is $7,990.00. In addition to the second coat, we agree to deduct the 10% of the manufacturing portion of the wall panels ($130,618.00). This amount being $13,062.00 With this settlement, we ask that Spancrete Midwest Company in no event be held responsible for damages, liability or costs of any kind or nature in regards to only the exterior apprearance of the precast wall panels. Spancrete Midwest Company's warranty regarding the structure integrity, erection practice, etc., remains in tact. With your signature below, you are in agreement with this and the dollar amounts disc ssed above. cc: AN EEO EMPLOYER Robb Walrath -Spancrete Terry Behlmer -Spancrete Joe Schmid -Sheehy Construction Joan Bren -Kodet Architecture er and Spancrete Midwest Company looks forward to an manship that has allowed us to be as successful as we are. Eugene A. Dietz City of Eden Prairie Date A REPUTATION YOU CAN BUlW ON DATE: 11104/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: -rv N. ,J DEPARTMENT: I, ITEM DESCRIPTION: I.C. 96-5417 Public Works r;' Lease Agreements with MnDOT Eugene A. Dietz . Fire Station and Maintenance Facilities v Requested Action: Approve lease agreements with the Minnesota Department of Transportation as follows: • Fire Station No.1. Lease No. H-05847 (27D041). Parcel 76C, S.P.2762 (212=260) 902. $5,000 per month beginning November 15, 1997 and ending March 31, 1998 and thereafter on a month to month basis. • Parks/Public Works Maintenance Facility. Lease No. H-05846 (270040). Parcel 76D, S.P.2762 (212=260) 902. Beginning December 1 at a pro-rated rate of $10,000 per month on a month to month basis. Background: The City of Eden Prairie executed sale documents for these two buildings on July 15, 1997. The provisions of the sale allowed the City to occupy the buildings until November 15 at no additional cost. In fact, the City needs to occupy Fire Station No. 1 for as long as possible, until it is necessary to vacate the premises for construction ofTH 212. Therefore, staff negotiated a lease agreement for the Fire Station in the amount of $5,000 per month, which will expire at the end of March, but may be extended on a month to month basis depending on the schedule for TH 212 construction. The agreement for the sale of the Parks/Public Works Maintenance Facility has similar language. The difference is that the scheduled completion date for our replacement facility is November 16. MnDOT authorized a two-week grace period until December 1, but thereafter we would pay rent at the rate of $10,000 per month. Staff expects to be moved into the new facility by December 1, therefore, authorizing this lease arrangement is only a precautionary measure in the event of a delay in occupancy of the new building. Fmancial Implications: The City received full payment for both of these buildings in mid-September. The revenue generated from investment of these funds more than off sets the costs of the lease. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. Approve Lease Agreement with MnDOT for Fire Station No.1 and Parks/Public Works Maintenance Facility WHEREAS, the Minnesota Department of Transportation (MNDOT) has recently acquired the premises commonly known as Fire Station No.1 (7801 Mitchell Road) and Parks/Public Works Maintenance Facility (7845 Mitchell Road) [the buildings] for right-of-way purposes necessary for Trunk Highway 212; WHEREAS, the City of Eden Prairie desires to continue using the respective facilities beyond the November 15, 1997 possession date as provided in the sale of the buildings; WHEREAS, MnDOT is willing to delay demolition of the buildings in order to allow the City of Eden Prairie to utilize the buildings beyond November 15, 1997; and WHEREAS, MnDOT has prepared a commercial lease that identifies the permitted uses and conditions under which the city may utilize the buildings as follows: • Fire Station No. 1. Lease No. H-05847 (27D041). Parcel 76C, S.P.2762 (212=260) 902 • Parks/Public Works Maintenance Facility. Lease No. H-05846 (270040). Parcel 76D, S.P.2762 (212=260) 902 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that each said lease is hereby approved and the Mayor and City Manager are authorized to execute on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on November 4, 1997. Jean L. Harris, Mayor A'ITEST: SEAL John D. Frane, City Clerk DATE: 11104/97 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: LVI. SECTION: DEPARTMENT: ITEM DESCRIPTION: Public Works Professional Services Agreement with Summit Envirosolutions Eugene A. Dietz Aquifer Resource Management System Requested Action: Authorize Mayor and Manager to execute a Professional Services Agreement with Summit Envirosolutions to design and install a RealFlow Aquifer Resource Management (ARM) System for an amount not to exceed $217,300. Background: Traces of the radioactive element, Tritium have been detected in the City of Eden Prairie water supply. This element is not dangerous or harmful to the public, but is an indicator that our well water recharge time frame is much shorter than expected, since this element only came into existence in the 1940's. It was always presumed that the time it takes surface water to percolate through the ground strata and travel through the aquifer to our wells was more than 100 years. The fact that this element appears in our drinking water, tells us that assumption is incorrect and it makes Eden Prairie one of the top five municipal systems needing to establish a wellhead protection program. Staff has been working over the past three years with the Hennepin Conservation District to develop a wellhead protection zone --the recharge area that we must begin to manage carefully to prevent contamination from entering our aquifer. What we have discovered is that the traditional modeling approach to develop a wellhead protection zone results in a very conservative area. Further, the ability of the Hennepin Conservation District to develop a useable wellhead protection zone has been somewhat disappointing. With this background in mind, we have "discovered" Summit Envirosolutions and the firm has made a proposal to develop an Aquifer Resource Management (ARM) program. The initial discussions involved developing a wellhead protection plan, but has blossomed into a proposal to install a patented RealFlow system in our well field. In essence, the proposal will be to tailor the Rea1Flow model to the City of Eden Prairie and design a software package in conjunction with installation of monitoring devices at each of the City's 11 existing wells and on the four wells proposed for construction in 1998 with the following capability: • Sensing devices at the well site that will measure water level in the aquifer, monitor flows, pump controls, motor/pump vibration, power usage and telemetry systems. • Route the data to the water plant • Analyze and model the data • Display ground water system data as a three-dimensional "picture" of our water supply Through this monitoring and analysis process, the proposed benefits would include: • Optimization of new well siting • Optimize well field performance by being able to visualize actual ground water conditions. Cost savings can be realized in the form of reduced energy costs due to efficient yields from new wells. • Optimization of our current preventative maintenance schedule. The City currently budgets approximately $50,000 per year to remove, inspect, repair and reinstall pumps in two wells per year. A continuous monitoring system is expected to allow that schedule to lengthen, because we will know conditions as they occur. • A five-year schedule for preventative maintenance is "state of the art", but continuous monitoring of a particular well may avoid a catastrophic failure that could be prevented by routine maintenance dictated by ongoing data collection. • A tailored specific wellhead protection zone can be developed using the data accumulated from this system and the management of activities in a reduced zone (as compared to a more conservative traditional approach) will reduce our personnel costs for monitoring the wellhead protection zone area. The end product of this contract will be to develop a specific wellhead protection zone for our well field and to optimize efficiencies in the well field to reduce operational and maintenance costs and to "get the most from the system". Fmancial Implications: The total cost of the project is estimated at $337,600. The City share is planned to be $217,300, which would come from the Trunk Water Fund. Additionally, Summit Envirosolutions plans to contribute $35,000 towards the project for advancement of their patented technique and research and the proposal anticipates a grant from the American Water Works Association Research Foundation in an amount of $85,300. At this time, there is a high expectation that the majority of the costs to the City can be recovered through the use of RealFlow over a 5-10 year time frame. Although we are 98 % certain of the grant, we will report back to Council before proceeding if the grant is not received. DATE: 11/04/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IllJ. SECTION: Consent Calendar DEPARTMENT: '1 ITEM DESCRIPTION: SSA# 97-12 Public Works I: ~ Special Assessment Agreement with Jerry's Enterprises Eugene A. Dietz ~ . Sewer and Water Access Charges Requested Action: Approve a special assessment agreement with Jerry's Enterprises in the amount of $8,470 for sewer and water access charges (SAC/W AC) for restaurant facilities in the Preserve Village Mall. Background: Historically, the City of Eden Prairie has recovered the costs of our investment for sewer and water infrastructure through a combination of: • Fixed charges on utility bills of $12.50 per quarter • Trunk sewer and water assessments on an acreage basis at time of development • SAC/WAC charges at time of building permit Restaurants are large water and sewer users and consequently the SAC/WAC charges can be significant. Occasionally, this factor creates a hardship and the City has attempted to mitigate the problem by allowing the City's portion of SAC/WAC charges to be specially assessed. This agreement provides for a restaurant in the remodeled Prairie Village Mall --D' Amico Catering, Inc. --to have a portion of their SAC/WAC charges specially assessed. In an agreement negotiated by the real estate agent involved in the project, the following arrangements have been incorporated into the lease to preserve the "deal": 1. 2. 3. Transfer three credits from the restaurant that was removed from Jerry's New Market (no cash exchange) Cash paid by the landlord (Jerry's Enterprises) Special assessment to the Preserve Village Mall to be paid specifically by D'Amico lease Total Amount of SAC/WAC $14,070 $10,290 $ 8.470 $32,830 Although rather complicated, it apparently took these measures to preserve the lease with the restaurant tenant. The special assessment will be for ten years at an interest rate of 8 % and collection with taxes will begin in 1998. J ---- SSA No. 97-12 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS __ day of ___ , 1997, between the Oty of Eden Prairie, a municipal corporation, (the "City") and Jerry's Enterprises, Inc., a Minnesota corporation (the "Owner"). A. The Owner holds legal and equitable title to property as described in Exhibit A attached hereto, which property is the subject of this Agreement and is hereinafter referred to as the "Property" . B. The Owner desires to develop the Property in a manner that is dependent on the City'S trunk sanitary sewer and water system. The construction Of the trunk sanitary sewer and watermain system is financed in part by the Sewer Access Charge (SAC) and Water Access Charge 0N AC) fees due at the time of issuance of a building permit. C. The parties hereto desire to enter into an Agreement concerning the financing of a portion of the SAC and WAC fees due for the construction of the proposed D 'Amico Catering for which a building permit has been issued. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for a portion of SAC and WAC units due for the property. 2. The total amount to be assessed against the Property shall be as $8,470.00. 3. The assessment shall be levied in 1997. The assessment period shall be ten (10) years. The interest rate shall be eight (8) percent. 4. The City's assessment records for the Property will show the assessment as a "pending assessment" until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 2 6. The Owner concurs that the benefit to the Property by virtue of the City's development of trunk sanitary sewer and water systems exceeds the amount of the assessment to be levied against the Property for SAC and WAC fees together with other trunk sanitary sewer and water assessments. The Owners waive all rights they have by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. JERRY'S ENTERPRISES, INC. A Minnesota Corporation CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation By: ____________________________ __ Jean L. Harris, Mayor By: ______________________________ _ Carl J. Jullie, City Manager u.S. Bank National Association, a National Banking Association, FIKlA First Bank National Association , hereby consents to the execution and recording of this Special Assessment Agreement. By: ~tD /;) DATE: 11/04/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: JJl1<. DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Washburn-McReavy Addition Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Washburn-McReavy Addition subject to the following conditions: • Receipt of engineering fee in the amount of $751.00 • Receipt of street lighting fee in the amount of $892.50 • Receipt of street sign fee in the amount of $250.00 • The requirements as set forth in the Developer's Agreement • Prior to issuance of building permit Lot 2, Block 1 is to be deeded to the City • Revision of plat to include the standard title of drainage and utility easement over Lot 2, Block 1 • Revision of plat to include the removal of drainage and utility easement which lies north of Lot 1, Block 1 lot line • Exclude NURP pond from drainage and utility easement • Revision of plat to include five foot drainage and utility easement along east lot line of Lot 1, Block 1 • Place north arrow on plat in the correct direction Background: This plat, located east of Mitchell Road and north of Martin Drive consists of 7.51 acres to be divided into two lots. Lot 1, Block 1 is the proposed site for Washburn McReavy Funeral Chapel. Lot 2, Block 1 is to be deeded to the City. The preliminary plat was approved by the City Council September 16, 1997. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on October 21, 1997. JJ:ssa cc: William McReavy, Washburn McReavy AI Rehder, Rehder and Associates, Inc. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF WASHBURN-McREAVY ADDmON WHEREAS, the plat ofWashburn-McReavy Addition has been submitted ina 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 Washburn-McReavy Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 28, 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 November 4, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk rAfH~FA r :·':-'(}o[) / ----I ED£~::.!~:;~:~~::H.:;·~::.;:.: Tili"'!. / :~~: 2ND ,':~DDf:iON /y i." '.' :i/ :.: . ,' :.':~ .,:;. ::: I I I ~~: ::'.: :~:. .'. .,'i~· I ". I .. ::.} I ---1 ~ ;~;}:;:;::.i' --/ ' .. I -f .... j 0"::: I I I ~:.~ .;~. ":" :·1:· ... ~~~: .:.;?' :';.::d ,' .. :1 .;;Y c·~~~:'· . , ... ~ .. c::>' WASHBURN McREA VY ADDITION C.R. DOC. NO. 'q, .... -;:' ... • ... r· .... o • .,. !~ U!~ :': ~' .'..~~.:~ !t : :--: .•.......... \ \ \ " .. T ... \ \\ .. \ } ,:;~ .. "0,,.' ' .. :' .. ......... -.... 0. .'..~ :.:!~': : :~ ... :': /2 Q , ~ ~). , \ , ' ...... 7'" t •• "( ... o '" f ~t""""'; I "l-i ~\ / ,,: '~I / , \ ; \ ,! I-... 4J ~ 6J7.87 -Z--4I __ Seale in (Ht Seorin;s s"own ore based on CIf'I O"lImed' doillm. o o.nol.s iroII mCIII~nl .. , • Denol .. Iron mo"lIII'IIrnl fOllnd / / ~;~ ::~ ~~~ .:( ::: i~~ .:.: f~~ ~~~ !'': !'': '" .::. ::! .:: ::: ::: .;.: ::: .. .. : : .. ; ... .:.: ::. :~: '" ", ' .. '., '" \ \ KNOW All WEN BY THESE PRESENTS: Tnol MeReo..,. Edina Proj)erties, a Mi'mesoto Generol Portlter."ip. owner ond prOJ)rletor of the 'ollowin; deleri~ed properly sililoted in Ihe COllnly of Hennepin. Siote of "innesoto. 10 wit: lol 1. Btock 1, ro£NVAlE INDUSTRIAL PARK. according 10 tn. recorded plol Ihereot. Hennepin County, ";nn"oto • Has eou$ed the same to be svrvered and p'otted 01 WASHBURN MeRtAV'!" A[)OmoN 0"" Gioes hereby Gionole and dt'dicale to the pvblic, fo, public uft forever, Ihe eoN"",,,ts for droinove OM 1I1"ity pllrp~e. 01 Ihown on Ihil plot. .,. .... t"ess whereof so .. d MeReovy (di"o Properties. (I Llin"esola General Portnership. has eoused Ihese prnents to be .I;ned by 115 proper partners lhis do, __ of • 1997. "cReovy (dina Properti .. Sig,..d: , III ond • il. State 0' ___ _ County of ___ _ Th. fore90in9 in,lrument wos acknowledged berore m. thil __ doy of ____ • 1997 by '_---- ond at sold LlcReovy Edina Properties, a MinM.oto GSMrOI Portnership, on behal' of said portnership • Nolory PII~lIe. COlln(y, .", Commission upire. , hereby certify thot I hove SUl'Wyed 0"" plotted the lond described on Ihis plot os WASHBURN McCREAVY AOOITION; that this pIal is 0 correct rep .... entotlo" of sold eurvey; thai all dit:Ion~ ewe correelly shown on eoid pial in feel and hllnc/redt". of 0 foot; thol 011 monllments have b .. " ecmectly pieced In the 9rOIl"" os show" on soid plet or will be ploced 01 r""ired by Ih. Iocol 90\/1emmenlol unit; OtId lhell thMe ote no wetlonds CIS defined i" Minnesolo Stotutes 505.02, Subd. 1 0' public hi9hwoys to be desiQnoted on sold pial. $Iote of ___ _ Countyof ___ _ Alvin R. Rehder~ lond Surveyor Minnesota Lleense No. 1.3295 The torepn; inltrllment woe ocknowt8'd9ed before me this _' _day of , 1ta7, by Alvin R. Rehder, lond SIItveyor. Notory Pu~ Collnty. My Comm~ upi, .. £OE'N PIWRtE, MINNESOTA The plot at WASHBURN MeR£AY'I' ADDITION was approved ond accepted tty th. C"I1y Council of Eden Porlrie. Minne.oto ot a l'e9l1lor meetin; t"'reor held this doy of • A.O .. '997. If oppllcable. lhe ,..rilten comments ond recommendotions of the Commis.ioner of Tron.port~nd the Collnly H"t9hwoy (n;in", hove been received by the City or Ih. Pf'Hcribe(l JO doy period hoi elapsed .ithout receipt or such comments and recomrnendoUons, os provided by Minnesota SIollltel. Section ~.OJ. $ubcf. 2 • CITY COUNCIL Of' EDEN PRAIRie, WINNESOTA By. • ila Mayor By. • Its City Mon0ger TAXPA't"£R SEfMC£S OMSIDN. HENNEPIN COUNTY. MINNESOTA , hereby certify Ihol the to ... poyoble In __ and prior yeo ... hove been poid for IOnd described On Ihis plett. Doted this __ "or or , fgg7. Patrie/( H. O·Connor. Hennepin County Audllor By. .~p~ SURVEY S(CTION, H(NN(PfN COUNTY. MINNESOTA PllrsllOnt to Mlnnnolo Siotut.s Seehon JSJS.SS5 (1969), this plot has been opproved Ihl. day or , 1997. Gory r. Co .... 'l. COllnty SlIrveyor ""------- COUNTY RECORDCR. H(NNE'PfN COUNTY, WINN(SOTA I hereby certify thol In. .ithm plot 0' WASHBURN MeR£AVt' ADOffiON .. os tiled in Ihi. o,fice this __ doy 0' ___ , 1997. 01_ o'clock _ .M. R. Don Corlson. County Recorder 9y: , DePllty Rehder and Associates, Inc. ~ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-4-97 SECTION: PUBLIC HEARINGS V, ~, ITEM NO. DEP ARTMENT: ITEM DESCRIPTION: Community Development Chris Enger '97 BFI REZONING -SPRINT TOWER Scott A. KipJ1 Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing. 2. Approve 1st Reading of the Ordinance for Zoning District Change from Rural to 1-2 on 9.5 acres; 3. Direct Staffto prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: This site is part of the BFI property and guided Industrial. Rezoning of 9.5 acres to Industrial is being requested for the construction of an 80 foot high telecommunications antenna tower. To meet the 4: 1 setback from Rural zoned land, the site is approximately 320 x 320 feet. The Federal Aviation Administration has approved the specific location and height ofthe monopole. Planning Commission found the request consistent with surrounding land uses. No opposition to the request was received. As per the Staff Report condition, the Developer's Agreement will contain a condition that no building development can occur on site until utilities are available and required City review and approval is complete. Planning Commission Recommendation: On October 27, 1997, the Planning Commission voted 6:0 to recommend approval of the Rezoning and Site Plan Review. Supporting Reports: 1. Staff Report dated 10-27-97 2. Correspondence I STAFF REPORT TO: THROUGH: FROM: DATE: APPLICANT/ FEE OWNER: LOCATION: REQUEST: acres. Planning Commission Michael D. Franzen, City Planner Jean Johnson, Zoning Administration October 7, 1997 . Sprint PCSIBFI -Rezoning for construction of an 80-foot-high cellular tower 9813 Flying Cloud Drive 1. Zoning District Change from Rural to 1-2 Industrial Park on 9.5 2. Site Plan Review for a telecommunications tower. METIlOPOUT AN AIRPORTS COMMISSION ... 1·--;n:J MINNESOTA V AI.J.Ef NATIONAL WILDLIFE REFUGE 2. .-----.. ------._--- Re:zonine BACKGROUND The 9.5 acre site is adjacent to US 212 and contained within the Browning Ferris property. The site is guided Industrial and currently zoned Rural. The monopole location is approximately 1,000 feet from the garbage filled landfill area. The landfill has been closed since 1987. The Minnesota Pollution Control Agency is responsible for monitoring the closed landfill; and BFI will continue to operate the methane gas extraction system. A temporary monopole was constructed on the site three months ag) for testing purposes. This pole still exists. If the rezoning is approved, a permanent installation will be made. If the zoning is not approved, the temporary pole will be removed. Across TH212 from the site is the Flying Cloud Airport. The tower height and location has received approval from the Federal Aviation Administration. Eighty feet is the maximum height allowed at this proximity and location to the airport. SITE PLAN At this time, a single 80-foot-high monopole is proposed for the site. In conjunction with the monopole, there will be standard ground equipment at the tower's base. The site is level and drainage patterns will not be affected by the proposed installation. UTILITIES Public sewer and water is located at the intersection of212 and Pioneer Trail (County Road #1). Sewer and water is not needed for monopole construction. P ARK DEDICATION Platting is not part of the request. Rezoning will be accomplished by metes and bounds description. At such time the land is platted and developed, cash park fee will be required. 2 TELECOMMUNICATIONS CODE Back~()Und The Telecommunications Act of 1996: Cities may regulate location of telecommunications facilities to the extent it does not infringe upon the services provided. The proposed monopole meets the required setback from the adjacent Rural Zoned BPI land. An area of9.S acres is being rezoned so the 80-foot-high tower will meet the required 4: I setback from the remaining Rural Zoned BFI land. An 80-foot tower requires a 320-foot setback from rural zoning. Co-location, placing the antenna on an existing tall structure, is difficult in this area due to the airport's proximity and the FAA's controls on height and location. The possibility oflocating another company's antenna exists at an approximate 60-foot-high level, but this may not be high enough for adequate coverage. FUTURE DEVELOPMENT The 9.S-acre site is large enough to accommodate flexibility in platting lots for future industrial buildings. When this occurs, the monopole could be removed, relocated to an appropriate spot on a developed lot, or accommodated upon a lot to be platted and developed. Also, BFI owns additional acreage adjacent to this site which further increases development flexibility. STAFF RECOMMENDATIONS The staff would recommend approval of the rezoning for the tower based upon the plans dated and subject to the following conditions: 1. No building improvements, other then the monopole, can occur upon the property until a Site Plan approval and other needed review is applied for and approved. Barb~ean\reports\bfisprmt.rep 3 1 ~Sprint City of Eden Prairie Planning Commission and City Council c\o Jean Johnson, Community Development 8080 Mitchell Road Eden Prairie, MN 55344-2230 Sprint pes· Minneapolis MTA 2900 Lone Oak Parkway Suite 140 Eagan, Minnesota 55121 September 12, 1997 RE: Application for Rezoning to facilitate development ot" a telecommunications antenna tower at 9813 Flying Cloud Drive, Eden Prairie. Dear Sirs and Madams: Telephone: 612 686 2600 Fax: 612 686 2700 Sprint PCS is requesting that the Eden Prairie Planning Commission and City Council consider the approval of a rezoning of 9.62 acres of R, Rural property to 1-2, Industrial to allow Sprint PCS to construct an antenna facility at 9813 Flying Cloud Drive in Eden Prairie. The approval of this application is being requested in order to complete a portion of a national PCS infrastructure network being installed by Sprint PCS. The reason for the rezoning is to accommodate setback requirements outlined in the Eden Prairie Municipal Code related to antenna site development. A complete and detailed explanation of the request is attached to this cover letter. Sprint PCS has plans for an 80 foot monopole structure to be developed at the site and will submit those plans for administrative review (per City Code) following action on the requested rezoning. Attached for your review is the following information: 1. Land Development Application and check for $ 750.00; 2. Deposit Agreement and check for $ 1500.00; 3. 15 copies -Site data information (Exhibit A); 4. 15 copies -Area Location Map (City of Eden Prairie Zoning Map) (Exhibit 8); 5. 15 copies -Survey showing proposed Rezoning (Exhibit C); • Legal description • EXisting 1-2 zoning boundaries 6. 15 copies -Aerial Y2 Section Map showing current development (Exhibit D); Should you require any additional information regarding this application, please do not hesitate to give me a call at 612.686.2669. Thank you in advance for consideration of this request. Sincerely, / // r L . ~ ~ , Paul A. Harringto6' Sprint PCS cc: MS03XC687V2 File enclosures I Site Information Applicant Contact Site Location Current Zoning Comp Plan Designation Municipal Utilities I Adjacent Zoning Direction North South East West I Case History Sprint PCS Paul Harrington Sprint PCS EXIBIT A Sprint PCS Rezoning 2900 Lone Oak Parkway #140 Eagan,MN 55121 612.686.2669 (phone) 612.686.2700 (Fax) BFI -9813 Flying Cloud Drive, Eden Prairie, MN 55347 R, Rural Id, Industrial The site is served by Municipal utilities Zone PUB, Public (1000 ft separation) R, Rural (River Valley is approximately 1500 ft to South) RI-13.5, One Family Residential (3000 ft separation) PUB, Public (Flying Cloud Airport) 9813 Flying Cloud Drive is located approximately Y.t mile southwest of Pioneer Trail on Highway 169-212. The property consists of 110.67 acres -of that total, approximately 14 acres are currently zoned 1-2, Industrial. The remainder of the property falls within the R, Rural classification. Development on the site includes OfficelIndustrial facilities on the aforementioned 1-2 zoned property with the majority of the remaining land covering a closed landfill operation. Development in the immediate vicinity of the subject property is limited. Included is Flying Cloud Airport to the West, Commercial development to the North of Pioneer Trail and Residential development approximately 2/3 of a mile to the East. I Introduction Sprint PCS is requesting a rezoning of 9.62 acres of R, Rural zoned property to 1-2, Industrial to facilitate the location ofa Telecommunications Antenna Tower (80') on the property at 9813 Flying Cloud Drive. In the spring of 1997, the Eden Prairie Planning Commission and City Council adopted an Ordinance regulating the placement of Antenna facilities within the City. One provision of this Ordinance required that any tower erected in the City must be set back a 7 minimum of four (4) times the tower height from any Rural or Residentially zoned property. As a result, because Sprint PCS' plan for the erection of an 80' monopole tower at the BFI facility falls within that portion of their property which is currently zoned R, Rural, a rezoning of 9.62 acres is necessary to accommodate the tower location and setback requirements. I Findings The City's Comprehensive Guide Plan identifies the subject property as "Id, Industrial" as a long-term use and, Sprint PCS feels that the property is ideally suited for development of an antenna tower site. As stated earlier, the proposed rezoning involves property which is currently being utilized as an industrial use. The proximity of Flying Cloud Airport and the fact that the vast majority of the subject property consists of a closed landfill operation results in the proposal being in no way out of character with the current or planned development of the area. The rezoning is only necessary to accommodate the setbacks requirements of the Municipal Code as they relate to antenna tower facilities and will not result in any increased demands being placed on City services (Le. Water, Sewer, Fire, Police). r"'l~'i.-··" --..:....~~=---.,' . ... " / ---... , .,:-' ~< '. :~,i.t" :, ZONING DISTRICTS ALL LAND NOT OTHERWISE DESIGNATED IN THE FOLLOWING ZONING DISTRICTS SHALL BE DESIGNATED RURAL 10 AC. MINIMUM LOT SIZE Rl-44 One Family Residential -44,000 sq. ft. minimum Rl-22 One Family Residential 22,000 sq. ft. minimum R1-13.5 One Family Residential -13,500 sq. ft. minimum R1-9.5 One Family Residential 9.,500 sq. ft. minimum RM-6.5 Multi-Family Residential 6.7 U/P/A maximum RM-2.5 Multi-Family Residential 17.4 U/P/A maximum * -Refers to zoning through a Planned Unit Development ''''0 "'P ... , ... , ........... t .b •• 0.'., .... lrl.'. I., , ... Cit, .t I' •• ',olrl •. It 10 tor •• ,., ........ , • .,p •••••• 1,. 'III. olfl,lo' z ••••• "'P. CI ..... .aANUARY 1.1'" 10 on tllo .t .11. I"" ,,.lrlo .fll •••. ~ ,arM )IM~ ,_L N-COM C-COM C-HWY C-REG C-REG-SER 1-2 1-5 I-GEN OFC PUB PUB Neighborhood Commercial Community Commercial Highway Commercial Regional Commercial Regional Service Commercial Industrial Park Industrial Park General Industrial Office Public Public (church,cemetery) to~~~"'" ONING MAP-CITY OF EDEN PRAIRIE ~ ~ ~ '\ b, N > t'- 00 <0 U >< M o C/') :E IQ C\I ... C\I E e LL. N > t""-oo c.o U >< M o CI) ~ 1 Ii C\I .,... C\I - I-cu cu c .!:! c. E o I- U. N > t"-oo "" U ;>< M o (/.) 2 11 c: c .-.... () (1) III I- (1) .... c: .- C\I C\I -·iii l- I- s.. (1) (1) c: c .-a.. E o s.. LL. .' .... . ()rT 22 1 [I Ij "1 "" ,;, , j.,; I Ij : 20 AM wAR 6126 8 6 2 7 DOS P R ; NT 1'1 ~ 1f l:J:JI Federal Aviation Administration Gr~at ~akes Region, AGL-530 2300 E. Devon, am 222 Des Plaines, IL 60018 pes ACKNOWLEDGEMENT OF NOT~CE OF EXISTING CONSTRUCTION OR AL~~RATION CITY MINNEAPOLIS STATE MN LATITUDE/LONGITUDB 44"49-21.42 093-27-00.76 MSL AGL 900 90 MSL 990 ----------------~~-----------------.-----------------------~~~.------------ SPRINT SPECTRUM, L.P. MICHAEL THOMPSON {MS03XC687V2} 2800 LONE OAK PARKWAY SUITE 140 EAGAN, MN 55121 Type Structure: COMM TOWER AERONAOTICA.I.. STUDY No: 97-AGL-0704-0B The Federal Aviation Administration hereby acknowledges receipt of notice dated 01/31/97 eon~erning tbe existing construction or alteration contained herein. A study has been conducted under the authority of sections 307(A) and 313{A) of the Pederal Aviation Act to deter.mine whether the existiug structure would be an obstruction to air navigation, and/or whether it should be marked and lighted to enhance safety in air navigationA The f~nding~ of that study are as follows: The existing construction would not exceed FAA obstruction standards and would not be a hazard to air navigation. Obstruction marking and lighting are not necessary. If the structure is subject to the licensing authority of the FCC, a copy of this acknowledgement will be sent to that agency. NOTICE !S REQUIRED ANYTIME THE PROJECT IS ABANDONED OR THE PROPOSAL IS MODrFlEP SI.GNED /, ~~~~~~o~~~.~~a~y~o-rn--- ISSuEDIN: Des Plaines, IL Specialist, Operations Branch. (847) 294-7568 ON 03/J.5/97 I?J CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 11/04/97 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI. Checks 57325 to 57702 Action/Direction: Approve Payment of Claims I COUNCIL CHECK SUMMARY DIVISION N/A CONTINGENCY LEGISLATIVE GENERAL SERVICES EMPLOYEE BENEFITS DATA PROCESSING CITY MANAGER FINANCE HUMAN RESOURCES COMMUNITY SERVICE SOCIAL SERVICES ENGINEERING INSPECTIONS FACILITIES ASSESSING CIVIL DEFENSE POLICE FIRE ANIMAL CONTROL STREETS & TRAFFIC PARK MAINTENANCE 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 PUBLIC IMPROV PROJ SPECIAL ASSESSMENTS CITY CENTER SW METRO TRANSIT SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS WATER DEPT SEWER DEPT STORM DRAINAGE AGENCY FUNDS 28-0CT-1997 (14:44) TOTAL $18,145.89 $1,190.00 $269.74 $27,683.98 $18,842.77 $3,045.00 $27.09 $370.62 $3,096.94 $4,105.68 $16,923.50 $1,248.42 $385.49 $5,983.89 $4,537.62 $182.74 $10,183.52 $3,994.44 $1,605.00 $230,891.10 $21,749.14 $48,185.82 $13,752.36 $3,725.40 $508.52 $30,225.73 $13.26 $93.46 $2,120.33 $97.70 $272.69 $1,067.92 $1,201.78 $227.62 $128,997.88 $1,759.47 $97,017.21 $362.19 $4,914.20 $56,033.36 $61,855.95 $98,779.27 $112,570.45 $101,315.19 $9,762.64 $230.60 $1,149,553.57* ------------------------------------------------------------------, COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57325 57326 57327 57328 57330 57331 57332 57333 57334 57335 57336 57337 57338 57339 57340 57341 57342 57343 57344 57345 57346 57347 57348 57349 57350 57352 57353 57354 57355 57356 57357 57358 57359 57360 57361 57362 57363 57364 57365 57366 57367 57368 57369 57373 57375 57376 57377 57381 57382 57390 57391 57392 57393 57395 57396 $100.00 $69.00 $29.81 $333.00 $278.23 $715.00 $97,881.13 $21. 50 $334,687.09 $3.50 $26.75 $25.50 $20.00 $1,810.50 $285.00 $205.50 $65.99 $115.00 $35.25 $35.00 $99.00 $359.88 $10.80 $11,933.77 $57,223.34 $90.23 $100.00 $800.00 $30.00 $10.00 $10.00 $76,180.50 $107.36 $10.00 $18.00 $62.50 $97.85 $25.00 $2,228.10 $158.90 $5,948.19 $64.57 $9,202.78 $18,571. 75 $85.70 $1,017 .. 00 $31,617.28 $66.22 $61,609.53 $229.75 $20.00 $3,789.75 $10,475.34 $280.08 $3,659.94 VENDOR COMMISSIONER OF TRANSPORTATION FLOYD TOTAL SECURITY LEYKIN, LEONID MIDWEST EXPO 96 CIRCUS PIZZA DIAMOND T RANCH HENNEPIN COUNTY TREASURER VOLUNTEERS OF AMERICA MIDWEST ASPHALT CORPORATION HAGGERTY, BETTY JO HERZAN, CHRISTI KERBER, KRISTEN KUNG, WAN-CHONG LANO EQUIPMENT INC NFPA OLSEN CHAIN & CABLE CO INC RAINBOW FOODS -CHARGES REGISTRAR 1607 RYSKI, RENEE SALMI, GREG SKILLPATH SEMINARS US FILTER/WATERPRO KRAEMERS HARDWARE INC MINNESOTA STATE TREASURER NORTHERN STATES POWER CO PALM BROTHERS SENSIBLE LAND USE COALITION* WEST SUBURBAN COLUMBUS CREDIT FEATHERSTONE, LYNN JANSSEN, PAMELA MCALLISTER, DEBRA METROPOLITAN COUNCIL ENVIRONME MEYER, NICOLE TESKE, DEB THRONE, KEVIN ZILBERG, MIKHAIL BELLBOY CORPORATION BUSINESS HEALTH SERVICES DAHLHEIMER DISTRIBUTING COMPAN DAVID & CYNTHIA KENNEDY DAY DISTRIBUTING DRISKILLS NEW MARKET EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GENZ-RYAN GRAPE BEGINNINGS GRIGGS COOPER & CO JC PENNEY JOHNSON BROTHERS LIQUOR CO LAB SAFETY SUPPLY INC* MANKATO STATE UNIVERSITY MARK OF EXCELLENCE MARK VII MENARDS METRO SALES INCORPORATED 28-0CT-1997 (14:44) DESCRIPTION CONFERENCE CONTRACTED REPAIR & MAINT INSURANCE CONFERENCE SPECIAL EVENTS FEES SPECIAL EVENTS FEES LICENSES & TAXES TRAVEL SEAL COATING CONTRACTED LESSONS/CLASSES RFND SKATING LESSONS RFND SWIM LESSONS RFND PRIVATE LESSONS . EQUIPMENT RENTAL DUES & SUBSCRIPTIONS EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL CONFERENCE LESSONS/CLASSES RFND SWIM LESSONS CONFERENCE MERCHANDISE FOR RESALE CLEANING SUPPLIES BLDG SURCHARGES ELECTRIC OFFICE EQUIPMENT TRAVEL CREDIT UNION RFND YOUTH TRIP RFND YOUTH SELF DEFENSE RFND YOUTH SELF DEFENSE SYSTEM ACCESS-SEWER OPERATING SUPPLIES-GENERAL RFND YOUTH SELF DEFENSE RFND ADULT SELF DEFENSE CIGARETTE LICENSES MERCHANDISE FOR RESALE CONFERENCE BEER 6/12 SALES-WATER METERS BEER 6/12 OPERATING SUPPLIES-GENERAL WINE DOMESTIC BEER 6/12 OVRPYMT PERMIT 26213 &26214 WINE DOMESTIC MISC NON-TAXABLE CLOTHING & UNIFORMS WINE DOMESTIC REPAIR & MAINT SUPPLIES CONFERENCE BUILDING PERMIT BEER 6/12 OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT PROGRAM IN SERVICE TRAINING CUMMINS/GRILL GENERAL PRAIRIE VILLAGE LIQUOR #1 SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS CITY CENTER OPERATING COSTS SENIOR CENTER PROGRAM STREET MAINTENANCE OAK POINT LESSONS ICE ARENA POOL LESSONS POOL LESSONS STREET MAINTENANCE FIRE EQUIPMENT MAINTENANCE OUTDOOR CTR PROGRAM IN SERVICE TRAINING ICE ARENA OAK POINT LgSSONS IN SERVICE TRAINING WATER METER READING EP CITY CTR OPERATING COSTS BUILDING SURCHARGE STORMWATER LIFTSTATION GENERAL BUILDING FACILITIES IN SERVICE TRAINING FD 10 ORG SPECIAL EVENTS/TRIPS FALL SKILL DEVELOP FALL SKILL DgvELOP SEWER DEPT SPECIAL gvENTS/TRIPS FALL SKILL DgvELOP FALL SKILL DgvELOP FD 10 ORG PRAIRE VIEW LIQUOR #3 IN SERVICE TRAINING LIQUOR STORE CUB FOODS WATER DEPT PRAIRE VIEW LIQUOR #3 FIRE PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 FD 10 ORG LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 POLICE PRAIRE VIEW LIQUOR #3 WATER TREATMENT PLANT POLICE FD 10 ORG LIQUOR STORE CUB FOODS PARK MAINTENANCE GENERAL COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57397 57398 57399 57400 57401 57402 57403 57404 57406 57407 57408 57415 57416 57420 57426 57427 57428 57429 57430 57432 57433 57434 57436 57437 57457 57458 57459 57460 57461 57462 57463 57466 57467 57468 57469 57470 57472 57473 57474 57475 57476 57477 57478 57479 57480 57481 57483 57484 57485 57486 57487 57488 57489 57490 57491 $21. 00 $7.50 $48.36 $48.36 $7,031.30 $1,982.20 $20.00 $2,197.05 $15.20 $60.41 $27,058.03 $100.00 $9,909.76 $11,224.57 $250.75 $375.29 $113.75 $55.00 $12,590.60 $1,152.41 $294.00 $2,329.42 $577.01 $100.00 $1,202.21 $237.46 $104.00 $227.31 $31.90 $234.51 $447.13 $5,779.39 $638.59 $129.60 $63.49 $167.63 $626.86 $19.00 $92.83 $1,377.69 $120.31 $25.50 $51. 00 $151.24 $25.50 $2,163.49 $18.00 $38.34 $20.00 $19.00 $25.50 $14.00 $80.00 $145.08 $2.00 VENDOR MILLER, JEFF MINNIS, JOANNE MOREHOUSE, KEITH MROZLA, JAMES NILSSON, BETH NORSTAN COMMUNICATIONS INC NORTHWEST CHAPTER FBINAA PAUSTIS & SONS COMPANY PEPSI COLA COMPANY PETTY CASH-POLICE DEPT PHILLIPS WINE AND SPIRTS INC PIZZA HUT PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO REBS MARKETING RESPOND SYSTEMS* RICCAR HTG & AC SINELL, STEVE THORPE DISTRIBUTING US POSTMASTER -HOPKINS VINTAGE ONE WINES INC WINE COMPANY, THE WORLD CLASS WINES INC BYERLYS AIRTOUCH CELLULAR AT&T BCA CJIS ID UNIT CAMAS-SHIELY DIVISION COACHES CHOICE LAB SAFETY SUPPLY INC* MARKS HWY 5 AMOCO MINNESOTA STATE TREASURER MINNESOTA UC FUND NEW FOGEY FOLLIES PAPER WAREHOUSE PETTY CASH RICOH CORPORATION SABLE, MICHAEL SCHAITBERGER, CHUCK WESTACOTT, JOEL BOHN, GERALD BRACE, STEPHANIE BULL, LESLIE CONLEY, JOYCE CORNISH, BRIAN CORPORATE EXPRESS MULLEN, CYNTHIA DANYS TAILOR DUFFY, SANDY EGGAN, WILLARD & BEULAH ELLIS, KIM KIEHNA GEHLE, ROXANNE HARSTAD, BRYAN HELLING, LAURIE JOHNSON, COLLEEN 28-0CT-1997 (14:44) DESCRIPTION SPECIAL EVENTS FEES RFND SILK SCARF DYEING MILEAGE AND PARKING MILEAGE AND PARKING INSTRUCTOR SERVICE TELEPHONE DUES & SUBSCRIPTIONS BEER CASES MISC TAXABLE POSTAGE MERCHANDISE FOR RESALE OPERATING SUPPLIES-GENERAL MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE OTHER CONTRACTED SERVICES SAFETY SUPPLIES MECHANICAL PERMIT TRAVEL BEER 6/12 POSTAGE WINE IMPORTED WINE IMPORTED WINE IMPORTED POLICE EQUIPMENT TELEPHONE TELEPHONE PHYSICAL & PSYCO EXAM LANDSCAPE MTLS & AG SUPPL OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES MOTOR FUELS BLDG SURCHARGES UNEMPLOYMENT COMP SPECIAL EVENTS FEES EMPLOYEE AWARD PROTECTIVE CLOTHING RENTALS LICENSES & TAXES CONFERENCE OTHER CONTRACTED SERVICES CONFERENCE RFND SWIMMING LESSONS RFND SWIMMING LESSONS POLICE EQUIPMENT RFND SWIMMING LESSONS OFFICE SUPPLIES RFND SKATING LESSONS CLOTHING & UNIFORMS RFND OUTDOOR CENTER TRIP RFND HIGH SCHOOL LUNCH RFND SWIMMING LESSONS RFND SWIMMING LESSONS RFND OUTDOOR CENTER TRIP MILEAGE AND PARKING RFND OUTDOOR CENTER PROGRAM FALL SKILL DEVELOP SENIOR CENTER PROGRAM EPCC MAINTENANCE FIRE ICE ARENA PW STORAGE FACILITY POLICE LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 GENERAL PRAIRIE VILLAGE LIQUOR #1 SPECIAL EVENTS/TRIPS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS WATER ACCOUNTING WATER SYSTEM MAINTENANCE FD 10 ORG IN SERVICE TRAINING PRAIRE VIEW LIQUOR #3 WATER ACCOUNTING PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS POLICE SEWER UTILITY-GENERAL GENERAL HUMAN RESOURCES CREEKWOOD PARK ATHLETIC COORDINATOR WATER TREATMENT PLANT EQUIPMENT MAINTENANCE BUILDING SURCHARGE BENEFITS SENIOR CENTER PROGRAM HUMAN RESOURCES FIRE GENERAL PARK MAINTENANCE FIRE COMMUNITY SERVICES FIRE POOL LESSONS OAK POINT LESSONS POLICE OAK POINT LESSONS GENERAL ICE ARENA POLICE OUTDOOR CTR PROGRAM SENIOR CENTER PROGRAM OAK POINT LESSONS OAK POINT LESSONS OUTDOOR CTR PROGRAM RECREATION ADMIN OUTDOOR CTR PROGRAM COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57492 57493 57494 57495 57496 57499 57500 57501 57502 57503 57504 57505 57506 57507 57508 57509 57510 57511 57513 57514 57515 57516 57517 57518 57519 57520 57521 57522 57524 57525 57526 57527 57528 57529 57530 57531 57532 57533 57534 57535 57536 57537 57538 57539 57540 57541 57542 57543 57544 57545 57546 57547 57548 57549 57550 $44.12 $11.50 $40.00 $508.80 $94,362.27 $29.00 $20,108.81 $19.00 $5,062.84 $10.00 $120.76 $38.75 $661. 50 $358.54 $164.87 $7,315.59 $327.04 $1,237.00 $442.00 $446.48 $97.89 $79.61 $1,927.78 $1,377.00 $96.96 $475.29 $42.17 $1,251.12 $230.60 $15.98 $54.26 $1,046.44 $2,882.00 $295.00 $1,910.75 $155.92 $31. 36 $89.00 $468.00 $2,480.65 $1,257.48 $1,410.78 $1,000.00 $94.39 $51.40 $15.00 $12.94 $30.00 $38.47 $191.70 $90.88 $1. 95 $93.46 $53.25 $8,263.99 VENDOR LONG, CHERYL MARION, DANA MCCARTHY, ARDIS MN VALLEY ELECTRIC COOPERATIVE NORTHERN STATES POWER CO PARRISH, DENISE QUALITY FLOW SYSTEMS INC THORVIG, DICK & BETTY US WEST COMMUNICATIONS UTING, BRENDA 28-0CT-1997 (14:44) DESCRIPTION RFND SWIM LESSONS RFND SWIM LESSONS RFND OUTDOOR CENTER TRIP ELECTRIC ELECTRIC RFND SWIMMING LESSONS EQUIPMENT PARTS RFND HIGH SCHOOL LUNCH TELEPHONE RFND OUTDOOR CENTER A TO Z RENTAL CENTER REPAIR & MAINT SUPPLIES AAA LAMBERTS LANDSCAPE PRODUCT REPAIR & MAINT SUPPLIES ABLE CONCRETE RAISING INC ADT SECURITY SYSTEMS INC AIRTOUCH CELLULAR ALTERNATIVE BUSINESS FURNITURE AMERICAN LINEN SUPPLY COMPANY AMERICAN PAGING OF MN AMERICAN WATER WORKS ASSOCIATI AMUNDSON, M ANCHOR PAPER COMPANY ARBOURS GARDEN & FLORAL CENTER AVR INC BACONS ELECTRIC COMPANY BAN-KOE SYSTEMS INC BAUER BUILT TIRE AND BATTERY BECKER ARENA PRODUCTS INC* BELLBOY CORPORATION BENSHOOF & ASSOCIATES INC BERRY COFFEE COMPANY BIFFS INC BLOOMINGTON PARKS & REC BLOOMINGTON, CITY OF BRANDT, LEE BRAUN INTERTEC CORPORATION BRW INC BSN SPORTS BUCA BUCK, NATHAN CAPITOL COMMUNICATIONS CATCO CLUTCH & TRANSMISSION SE CENTRAIRE INC CHAD NESTOR ILLUSTRATION & DES CHANHASSEN LAWN AND SPORTS CO 2 SERVICES CODE ADMINISTRATION & INSPECTI COMMERCIAL ASPHALT CO COMPUTER CHEQUE OF MINNESOTA I CONNEY SAFETY PRODUCTS CONSTRUCTION MATERIALS INC COOL AIR MECHANICAL INC COOPERATIVE POWER ASSOC COpy EQUIPMENT INC CORPORATE AUTO RENTALS INC CUTLER-MAGNER COMPANY CONTRACTED REPAIR & MAINT CONTRACTED BLDG MAINT TELEPHONE FURNITURE & FIXTURES OTHER CONTRACTED SERVICES COMMUNICATIONS TRAINING SUPPLIES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL LANDSCAPE MTLS & AG SUPPL REPAIR & MAINT SUPPLIES ADVERTISING OPERATING SUPPLIES-GENERAL TIRES REPAIR & MAINT SUPPLIES TOBACCO PRODUCTS DEPOSITS EQUIPMENT PARTS WASTE DISPOSAL OTHER CONTRACTED SERVICES KENNEL SERVICE OTHER CONTRACTED SERVICES CONST TESTING-SOIL BORING PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL TRAVEL OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT EQUIPMENT PARTS CONTRACTED REPAIR & MAINT PRINTING CONTRACTED REPAIR & MAINT CHEMICALS LICENSES & TAXES PATCHING ASPHALT OTHER CONTRACTED SERVICES TRAINING SUPPLIES OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES PRINTING PRINTING TRANSPORTATION CHEMICALS -I) PROGRAM OAK POINT LESSONS POOL LESSONS OUTDOOR CTR PROGRAM STORMWATER LIFTSTATION STORMWATER LIFTSTATION OAK POINT LESSONS SEWER LIFTSTATION SENIOR CENTER PROGRAM WATER UTILITY-GENERAL OUTDOOR CTR PROGRAM FIRE STATION #3 WATER SYSTEM MAINTENANCE STORM DRAINAGE FIRE STATION #2 FIRE INFORMATION SYSTEM LIQUOR STORE CUB FOODS CITY MANAGER WATER UTILITY-GENERAL SOCIAL SOCIAL STORM DRAINAGE STORM DRAINAGE COMMUNITY SERVICES COMMUNITY CENTER ADMIN EQUIPMENT MAINTENANCE ICE ARENA LIQUOR STORE CUB FOODS ESCROW EQUIPMENT MAINTENANCE PARK MAINTENANCE ACCESSIBILITY ANIMAL WARDEN PROJECT SOFTBALL STARING LK PLSTUCT K20 MARKETCENTER STREETSCAPE FALL SKILL DEVELOP POLICE VOLLEYBALL POLICE EQUIPMENT MAINTENANCE PRAIRE VIEW LIQUOR #3 COMMUNITY SERVICES STREET MAINTENANCE POOL MAINTENANCE WATER TREATMENT PLANT STREET MAINTENANCE LIQUOR STORE CUB FOODS HUMAN RESOURCES TRAFFIC SIGNS ICE ARENA POLICE HERITAGE PRESERVATION ACCESSIBILITY WATER TREATMENT PLANT COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57551 57552 57553 57554 57555 57556 57557 57558 57559 57560 57561 57562 57563 57564 57565 57566 57567 57568 57569 57570 57571 57572 57573 57574 57575 57576 57577 57578 57579 57580 57581 57582 57583 57584 57585 57586 57587 57588 57589 57590 57591 57592 57593 57594 57595 57596 57597 57598 57599 57600 57601 57602 57603 57604 57605 $112.41 $1,492.41 $40.00 $990.00 $20.00 $117.00 $325.00 $108.00 $1,100.00 $699.42 $142.00 $76.09 $126.39 $125.00 $6,369.00 $170.40 $125.67 $2,304.50 $358.59 $204.34 $4,100.00 $873.24 $424.33 $31. 31 $43.82 $280.00 $45.00 $5,659.08 $470.73 $68.43 $369.40 $183.75 $31. 95 $33.00 $2,155.19 $110.00 $108.22 $1,082.63 $188.42 $246.50 $121.00 $460.00 $1,883.74 $144.00 $2,080.00 $1,000.00 $225.00 $716.96 $1,479.75 $3,346.34 $713.13 $255.00 $373.64 $144.00 $69.00 VENDOR DALCO DANKO EMERGENCY EQUIPMENT CO DC VENDING DEPARTMENT OF PUBLIC SAFETY DEPT OF PUBLIC SAFETY DIAMOND LABORATORIES INC DIETHELM, GARY DPC INDUSTRIES INC DUNSMORE ASPHALT INC DYNA SYSTEMS 28-0CT-1997 (14:44) DESCRIPTION CLEANING SUPPLIES PROTECTIVE CLOTHING EQUIPMENT RENTAL CONTRACTED COMM MAl NT PREPAID EXPENSES NEW CAR EQUIPMENT OPERATING SUPPLIES-GENERAL CHEMICALS CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES EDEN PRAIRIE CHAMBER OF COMMER TRAVEL EDEN PRAIRIE SCHOOL DISTRICT N TRANSPORTATION ELVIN SAFETY SUPPLY INC ENERVATION INC EPISCOPAL COMMUNITY SERVICES ESS BROTHERS & SONS INC* FACTORY MOTOR PARTS COMPANY FAMILY & CHILDRENS SERVICE FASTSIGNS FERRELLGAS FINLEY BROS INC FISCHER AGGREGATES INC FISHER SCIENTIFIC FRANKLIN QUEST G & K SERVICES-MPLS INDUSTRIAL GAGE, JIM GALAXY COMPUTER SERVICES GARTNER REFRIGERATION & MFG IN GE CAPITAL INFORMATION TECHNOL GENERAL OFFICE PRODUCTS COMPAN GETTMAN COMPANY GOPHER STATE ONE-CALL INC GREEN MAN TECHNOLOGIES GREENTREE GRAPHIC PRODUCTS GUNNAR ELECTRIC CO INC GUSE, BARBARA P.T. HANCE COMPANIES HANSEN THORP PELLINEN OLSON HARMON FULL SERVICE GROUP HENDERSON, JOSH HENNEPIN COUNTY PUBLIC RECORDS HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER HOLMES, TOM HONEYWELL INC HUMAN RESOURCE CONSULTANTS INC ICE SKATING INSTITUTE OF AMERI IKON OFFICE SOLUTIONS INLAND TRUCK PARTS COMPANY INTERSTATE DETROIT DIESEL INC J H LARSON ELECTRICAL COMPANY JACK D ELMQUIST LAW OFFICES JANEX INC JERDE, BRENDA JOHN ESS & SONS INC REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES PROFESSIONAL SERVICES REPAIR & MAINT SUPPLIES EQUIPMENT PARTS PROFESSIONAL SERVICES FURNITURE & FIXTURES MOTOR FUELS OPERATING SUPPLIES-GENERAL IMPROVEMENT CONTRACTS OPERATING SUPPLIES-GENERAL TELEPHONE OPERATING SUPPLIES-GENERAL MERCHANDISE FOR RESALE CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES SOFTWARE OFFICE SUPPLIES MISC TAXABLE OTHER CONTRACTED SERVICES WASTE DISPOSAL OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT PROFESSIONAL SERVICES EQUIPMENT PARTS OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES RECORDING DOCUMENT FEE OPERATING SUPPLIES-GENERAL BOARD OF PRISONERS SVC OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS EQUIPMENT PARTS REPAIR & MAINT SUPPLIES IMPROVEMENT CONTRACTS CLEANING SUPPLIES OTHER CONTRACTED SERVICES CONTRACTED EQUIP REPAIR PROGRAM EPCC MAINTENANCE FIRE WATER UTILITY-GENERAL POLICE LIQUOR STORE CUB FOODS EQUIPMENT MAINTENANCE CEMETERY OPERATION WATER TREATMENT PLANT WATER SYSTEM MAINTENANCE WATER TREATMENT PLANT IN SERVICE TRAINING SENIOR CENTER PROGRAM WATER TREATMENT PLANT WATER METER REPAIR HOUSING, TRANS, & SOC SVC STORM DRAINAGE EQUIPMENT MAINTENANCE HOUSING, TRANS, & SOC SVC PRAIRE VIEW LIQUOR #3 ICE ARENA CEMETERY OPERATION TRAILS WATER TREATMENT PLANT COMMUNITY SERVICES PARK MAINTENANCE CONCESSIONS INFORMATION SYSTEM ICE ARENA FINANCE DEPT WATER UTILITY-GENERAL LIQUOR STORE CUB FOODS WATER SYSTEM MAINTENANCE EQUIPMENT MAINTENANCE FIRE STREET LIGHTING HUMAN RESOURCES EQUIPMENT MAINTENANCE ENGINEERING DEPT EPCC MAINTENANCE SOFTBALL ENGINEERING DEPT COMMUNITY DEVELOPMENT POLICE VOLLEYBALL WATER TREATMENT PLANT IN SERVICE TRAINING ICE ARENA INSPECTION-ADMIN EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EP CITY CTR OPERATING COSTS MARKETCENTER STREETS CAPE EPCC MAINTENANCE VOLLEYBALL STARING LAKE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57606 57607 57608 57609 57610 57611 57612 57613 57614 57615 57616 57617 57618 57627 57628 57629 57630 57631 57632 57633 57634 57635 57636 57637 57638 57639 57640 57641 57642 57643 57644 57645 57646 57647 57648 57649 57650 57651 57652 57653 57654 57655 57656 57657 57658 57659 57660 57661 57662 57663 57664 57665 57666 57667 57668 $399.38 $1,131.56 $239.27 $2,075.70 $1,022.38 $10,543.85 $3,700.88 $1,117.00 $16,891.00 $7,641. 03 $75.00 $824.31 $1,514.05 $268.30 $10.50 $540.38 $5,695.00 $80.00 $57.72 $1,097.50 $1,309.98 $225.95 $1,038.25 $32.65 $514.41 $400.40 $934.93 $416.89 $23.38 $2,676.59 $4,917.00 $1,004.80 $199.00 $2,408.32 $47.09 $171.68 $11,211.72 $45.28 $180.84 $898.50 $557.44 $92.90 $136.14 $4.24 $696.00 $207.24 $19.70 $205.00 $225.00 $52.19 $306.95 $135.80 $6,250.00 $676.23 $104.00 VENDOR JOHNSON, CLARK KOCH SULFER PRODUCTS LAB SAFETY SUPPLY INC* LAKE REGION VENDING LAKELAND FORD TRUCK SALES LANG PAULY GREGERSON AND ROSOW LANO EQUIPMENT INC LAVALLE, FRANK LEAGUE OF MINNESOTA CITIES LEAGUE OF MINNESOTA CITIES INS LOCATOR & MONITOR SALES MACQUEEN EQUIPMENT INC MARKS HWY 5 AMOCO MARS CO MARSHALLS FAMILY FARM MARKET MAXI-PRINT INC METRO LAWN SPRINKLERS METRO LEGAL SERVICES INC METROPOLITAN FORD MIDAS MIDWEST ASPHALT CORPORATION MINNCOMM PAGING MINNESOTA CONWAY MINNESOTA SAFETY COUNCIL NORTH STAR ICE OAK GROVE DAIRY OFFICE OUTFITTERS INC OPERATOR CERTIFICATION TRAININ PARAGON CABLE PARK NICOLLET CLINIC HEALTHSYS PARROTT CONTRACTING INC PEPSI COLA COMPANY POWERPHONE INC PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PRECISION TURF & CHEMICAL INC PRO SOURCE FITNESS PROCOLOR QUALITY FLOW SYSTEMS INC QUALITY WASTE CONTROL INC QUICKSILVER EXPRESS COURIER R AND R SPECIALITIES INC RADIO SHACK RAY, LEE RITZ CAMERA ROADRUNNER TRANSPORTATION INC ROY, BEN S/K WELL & PUMP INSPECTIONS SHERWIN WILLIAMS CO SNAP-ON TOOLS SNELL MECHANICAL INC SOUTHDALE YMCA YOUTH DEVELOPME SOUTHWEST CONTRACTORS SUPPLY SPECTACLE SHOPPE, THE 28-0CT-1997 (14:44) DESCRIPTION OTHER CONTRACTED SERVICES CHEMICALS REPAIR & MAINT SUPPLIES TOBACCO PRODUCTS EQUIPMENT PARTS LEGAL SERVICE EQUIPMENT RENTAL OTHER CONTRACTED SERVICES DUES & SUBSCRIPTIONS INSURANCE CONTRACTED EQUIP REPAIR SMALL TOOLS MOTOR FUELS SAFETY SUPPLIES OPERATING SUPPLIES-GENERAL PRINTING IMPROVEMENTS TO LAND OTHER CONTRACTED SERVICES EQUIPMENT PARTS CONTRACTED REPAIR & MAINT PATCHING ASPHALT COMMUNICATIONS CONTRACTED REPAIR & MAINT TRAINING SUPPLIES MISC TAXABLE OPERATING SUPPLIES-GENERAL FURNITURE & FIXTURES TRAINING SUPPLIES CABLE TV PROFESSIONAL SERVICES CONTRACTED REPAIR & MAl NT MERCHANDISE FOR RESALE SCHOOLS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS PRINTING CHEMICALS REPAIR & MAINT SUPPLIES ADVERTISING EQUIPMENT PARTS WASTE DISPOSAL POSTAGE REPAIR & MAINT SUPPLIES OFFICE SUPPLIES OTHER CONTRACTED SERVICES VIDEO SUPPLIES CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES CONTRACTED EQUIP REPAIR OPERATING SUPPLIES-GENERAL SMALL TOOLS REPAIR & MAINT SUPPLIES PROFESSIONAL SERVICES REPAIR & MAINT SUPPLIES PROTECTIVE CLOTHING 1 PROGRAM TREE REMOVAL WATER TREATMENT PLANT WATER TREATMENT PLANT LIQUOR STORE CUB FOODS EQUIPMENT MAINTENANCE FIRE STREET MAINTENANCE SOFTBALL IN SERVICE TRAINING GENERAL WATER SYSTEM MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE WATER UTILITY-GENERAL PARK MAINTENANCE POLICE STARING LK PLSTUCT K20 1995 REHAB 56042 EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE STREET MAINTENANCE INSPECTION-ADMIN STREET MAINTENANCE HUMAN RESOURCES LIQUOR STORE CUB FOODS FIRE FIGHTERS RECREATION ADMIN WATER UTILITY-GENERAL COMMUNITY SERVICES HUMAN RESOURCES STORM DRAINAGE CONCESSIONS POLICE PRAIRIE VILLAGE LIQUOR #1 EQUIPMENT MAINTENANCE ASSESSING-ADMIN PARK MAINTENANCE FITNESS CENTER COMMUNITY SERVICES SEWER LIFTSTATION EPCC MAINTENANCE GENERAL ICE ARENA POLICE SOFTBALL COMMUNITY SERVICES EQUIPMENT MAINTENANCE SOFTBALL WATER WELL #2 PARK MAINTENANCE EQUIPMENT MAINTENANCE EPCC MAINTENANCE HOUSING, TRANS, & SOC SVC STORM DRAINAGE FIRE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57669 57670 57671 57672 57673 57674 57675 57676 57677 57678 57679 57680 57681 57682 57683 57684 57685 57686 57687 57688 57689 57690 57691 57693 57694 57695 57696 57697 57698 57699 57700 57701 57702 $327.01 $16.06 $104.00 $219.39 $265.72 $234.23 $9,704.75 $264.12 $125.00 $75.00 $2,000.00 $139.35 $312.52 $378.00 $97.70 $191.70 $557.11 $170.37 $27.36 $411.52 $89.90 $126.13 $251. 84 $211. 01 $85.68 $298.78 $970.88 $58.08 $214.59 $2,550.68 $444.33 $6,738.42 $419.53 $1,149,553.57* VENDOR SRF CONSULTING GROUP INC STAR TRIBUNE STAR TRIBUNE STEVE LUCAS PHOTOGRAPHY STRAND MANUFACTURING CO INC STREICHERS SUMMIT ENVIROSOLUTIONS SUPERIOR PRODUCTS MFG CO SWEDLUNDS TARGET TEENS ALONE THE DARTNELL CORPORATION TIE COMMUNICATIONS INC TIMM, KEVIN TOLL GAS AND WELDING SUPPLY TRI-STATE PUMP & CONTROL INC TRUGREEN CHEMLAWN MTKA TURF SUPPLY COMPANY TWIN CITY FILTER SERVICE INC TWIN CITY OXYGEN CO UNIFORMS UNLIMITED UNLIMITED SUPPLIES INC US FILTER/WATERPRO VESSCO INC VWR SCIENTIFIC PRODUCTS W W GRAINGER INC WATSON CO INC, THE WESTSIDE EQUIPMENT WESTWELD WILSONS NURSERY X-ERGON YALE INCORPORATED ZEP MANUFACTURING CO 28-0CT-1997 (14:44) DESCRIPTION PROFESSIONAL SERVICES MISC NON-TAXABLE OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES EQUIPMENT PARTS TRAINING SUPPLIES PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL WASTE DISPOSAL SAFETY SUPPLIES PROFESSIONAL SERVICES DUES & SUBSCRIPTIONS TELEPHONE OTHER CONTRACTED SERVICES EQUIPMENT RENTAL EQUIPMENT PARTS CITY CENTER GROUNDS MNTC CHEMICALS REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT CLOTHING & UNIFORMS OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS MERCHANDISE FOR RESALE CONTRACTED REPAIR & MAINT SMALL TOOLS LANDSCAPE MTLS & AG SUPPL EQUIPMENT PARTS CONTRACTED EQUIP REPAIR LUBRICANTS & ADDITIVES PROGRAM TH212/SHADY OAK/FLYING CLOUD PRAIRE VIEW LIQUOR #3 FIRE COUNCIL SEWER LIFTSTATION POLICE WATER UTILITY-GENERAL PRAIRE VIEW LIQUOR #3 OUTDOOR CENTER-STARING LAKE HUMAN RESOURCES HOUSING, TRANS, & SOC SVC WATER UTILITY-GENERAL GENERAL SOFTBALL SPECIAL EVENTS SEWER LIFTSTATION FIRE STATION #3 PARK MAINTENANCE EPCC MAINTENANCE EQUIPMENT MAINTENANCE FIRE PARK MAINTENANCE STORM DRAINAGE WATER TREATMENT PLANT WATER TREATMENT PLANT EQUIPMENT MAINTENANCE CONCESSIONS EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE REFORESTATION WATER UTILITY-GENERAL WATER TREATMENT PLANT EQUIPMENT MAINTENANCE EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-4-97 SECTION: PETITIONS, REQUESTS, COMMUNICATIONS ITEM NO. VIiI ~ 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: Uphold the Board of Adjustments & Appeals denial 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 infonnation 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 I Admitted to practice: State of Minnesota State of Arizona U.S. Tax Court LAW OFFICES OF mOMAS 1. 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, (J-IUL Thomas L. Iliff Attorney at Law TLI:lj V ARlANCE #97-10 CITY OF EDEN PRAIRIE BOARD OF ADJUSTMENTS AND APPEALS FINAL ORDER RE: Petition of Prairie Center Properties. LLC for Moore Leasin~. Inc. ADDRESS: ~25~0~P~r~a~m~'e~C~e~n~te~r~D~n~'v~e~ __________________________________ __ 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 examining 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 BOARD OF ADJUSTMENTS AND APPEALS BY: a~c?--;7? a!l-11/4~' // /,/ ,,- DATED: September 11, 1997 VARIANCE 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 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 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. VARIANCE 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. 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. ~trulY, ~~c> 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 Tenant File J.W. ANDERSON'" ASSOCIATES 8145 TRILLIUM CIRCLE VICTORIA, MN 55386 (612) 443-3227 SCALE: 1/16" = 1'0" DATE: 17./6/93 (,73'0'1 0 1-<1) ~~ 9 ~Af bv',\lJ'\:t ~l~an'tn'cJ __ ~ _____________ r' ____ -L~ VARIANCE: #97-10 MEETING DATE: July 10, 1997 APPLICANT: Prairie Center PrOj)erties. LLC for Moore Leasing. Inc. LOCATION: 250 Prairie Center Driye REQUEST: 1. 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 staffs 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 Industrial/Commercial 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 commercial/industrial 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 stalls 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 agreement is executed between businesses and the City approves. APPLICANT'S STATED HARDSHIP: Economics -See June 13. 1997 letter. 10 OPTIONS: ACTION: l. Maintain office space at address and store vehicles off-site at an approved location. 2. Move entire business to an appropriate location. 3. Minimize variance request in number of ~arkinK 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 ofthe 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. BARBIJEANlBOA\97-JOB.SR II MINNESOTA DEALEB-LlQENSE COMMERCIAL LOCATIQN ClmQIWS~ Daaler-Nutnbar ._ _" Received by Lie.nUl Type ffEYl ~ LE:SSQR YlliQLE:Sl\L& l\UCTIQ[{ f3lJ.Yl\GE PQ01 Date Received. __ --- t!aOK£ /£ I1s.hJ,,-L~ ADDRESS lo.n71 .... a71;J5-; filii R-.u~(J'-4(;j)g. ~/~L:5:)(DJ Il,v-c H...Jj FIIDt NAME TIllS CHECl\LXST DESCIUBES THE PR.IHl\.RY SITE ADDITIONAL LO~TION __ or THIS LICENSE. (note: a sc:parall: cilcckllil mu.st be !SubmItted [or each IocaUon opcraUng under th1.!! lLccn.1.e} CllECK ImRE IF TIIE ADDlTIONhL LOCATJON IS AlJISPLAY LOT Ol\'LY. AND RESPOND TO SThT£MEI'fl'S 2, 7 &: 8~ CIIECK HERE IF RETAIL BALES WILL BE CONDUCTeD AT THIS SITE. Thl!l. l.!l a chccklbt for dealers requln:d to have CommerdaL Bulldlng:\ • (NEW. USED. SN.,V!lDE pOOL.. or' AUCllONEEIO or Commerd:l1 Office Space-... ~OR or WHOLESALER). A re5poll3C o(·FALSE'" Ind1ca~ the locaUon doc3 nol comply W1th the !llAtc re£\ulrcmenu. ~ 1. 2. -r T ~. "VA -4. IV!+ L s. 6. I 7. --LY./l 8. Li!l 9. lO. -f 11. /v A- /'JI boo~ and rttQr-d.s nc«~~rr to conduct bUllIlC$3 arc: keplilit the ITl1!Jl Ioa.tion. (copies n:u.y be l<cpt..t MdlUotUl Locatlons). The: Ilbove location b owned by the d c::tk r Of' is ~ lOt" a m.l.rUrnum (If O!lC -yc 1lI. If kcu.«-d. D<!olcr Uw..u f)xm ITlUJ t b4t (J.uodKd. 1l1tre 1.5 A Kpan.te UJ<1 tdcnullable cntnnc:c to the ~nhlp lllAt lc~:I fD the 01l1doo,.,. Of' tn a publlc~. Note: :shan:d office: 3p1ce .uch ... lI. C'Cocpl1on ArcA or secrc~['r pool dOC! not qu.al1fy ...... publJc a.n::a.. ~OR LDd WJIO~ flXtllllpt} ••• TIle above desaknhJp J.uw.t Jl.cco~d by ~nkrtng through.xr:r oLho' bwtnou or rold.cn.oc: thd 1s loC1lcd in the butldin, ~OR and. wnOI.ZSNZR flXUlp{J. The 1I1>O'1'C ~r\ b cnclo!lCd W1W floor lo-c:cIUng w.ill~ w1r.h" dOQl' tmt on be. shut iU>d lockc;d to clo~ ocr the wtm: altnloce JlJld I:J d~~ foc-1.he ~ of the deA.lcnhlp. The: ",bon.: loc::&Oon hu -.n ..ddro~ that ~ !'CplLf1't.c from the .. ddrcs!I oC ~rr'j other bwl.ocll" en the \nuIdtng (:ruHc: nUlT\berwouJd quallfy). Th~ dc..lCT3hlp W .. dup~y .. n::>I. c1ilicrindoors or outdooo.l1rgc enough to dl'tI)~Y II.l ~t 5 vehlcle\ and thls dup!:lY~" ~ IIcpU';JJC a.nd 4lsUn(UI~h-"'b.k from ... ry otht:r b\ll~ inveptQry (AUCTlOlfJ!:.t:R. IZ:SSCA:. WJIO~ UCcrn.aC1l ..c<a 4J(bm.pl). A "'gn kknUfytnt 1he de:Uef3hlp I:J d!.!Jp\a.yro on the ouWdc I>f ~ romanrrcW buUdLnt-in 1\ pubUc n.n:;l if t:XlmmcfdA.l office !p.acc. or wmc:where on tllt prcml5-d l! th.t! .ddlt.toruJ ~llar\ b a. dJ~pl:ly lot tAucno~ 1.ES5On.. WllO~ U,.,.,ncM ... a Cl..lru:opt): ..... The no.rl:AA 1 busJoeJ.J hours Jut: com preuo 1tS1y po!l ~d on the deaJer:ililp and a~ rae Uy \1CW7tblc by the pub lk WlI o.u:.s.Al.tlt Ue:GII pt) ..... - Pc~nncl or lIulomaUc tdcphone ~rtn,:PttVfcc lI..n: ~v-.tJlable durtnt nomuJ bU,lnC!l3 houl"5 cru;w mDtor vethld<t d~ lWII1 ha:re ..,..~, AnllAhr .. }. 1l1C dcaJU3.hlp h.all ~ fAcility for the rc~.and ~e IN molM vchJdc .. and 1]11: ~l.OJ1IlS'= of puunol more LllM\ ten 1l1.1ld dbLancc (rom the pc1ndp-al p'-"oc of bt"'r.r.c.:u rra:w jIlr.ttar ..,e.hJel. ISeal«trs anly). '"" - Th~ A~To. plAe.c oC bnal.n.u.~ J[leeta .ALL I.tandanU _ outlined a.b<lTe. I u.n<',cuu..ud tn-t IlnJ' xn.lutalcment (!on.Utut.c.a J]1JltClr1al In!.r-c}lce.-entaUon and .nbJect. the lIce-rue to wtthd.r:ll'tr1L SIGNATURli:-OWHP'..R/OFFlCT.R fItI.end to do btLStnes...~. ATTN: Z01UltC OJ!1tlClALS -DO HOT SIGN TIllS FORM lJlfU!:s.s 1'lIr; ABOVE JUtl;.JW lJAVE BEEN COMPLE'l"!:D BY THE APPLlCAItT TIle d~c:rshlp at tile nddre.1s narned a.'bove ~ a pcrmlllcd J ooodlUonal U3e wHhtn llie (;>o--rc-E ZonIn, Dlslr1ct (0(' the type of btalne3s circled {NEW USEP LESSOR WHOJ..ESALE;. AUCTION SALVAGE ('OOt.l. nod no ZonLng complahtu or enforcement IlcUo~ ;l.CC pending at tlJis Ume. Note: Newaod Used licensees dQ wd Lt5~Qr lJ<:cn5G!;~-!llQ.Y CQ'fujuct.reWL Silll:)4 C--]~6"--7--?C::-;?£-1L-d-CCl k/ l=-tL -Zl/) SI0r~AT1.rnr:: OF70NtNO MTrnOn:rrv OJ\'TF. f ,"_"'Ie_ l"nYlIH'-n. ::::!J -----~-----.. --.--------.... -.. -~----,~. -----..... --~-.. -...... --.. -., ... -.... ---:::---..... ~ ---_.- ,~w-.~ ~L"/:/li'GL~ ~~ J iJ~r~~~~ '~rlL'-C th-~_U7C ~~ )t!(:/l(. (a /0-C ~J-,-ILtLr//~~~~ I?J ~ c:: d -" ~ c g I , - CITY OF EDEN PRAIRIE I X? ;,~( . APPLICATION FOR APPROVAL OF (!/~L-d,.':~~;;!:)j;tQ'~~ STATE OF MINNESOTA MOTOR VEHICLE DEALER LICENSE .1. TE OF APPLICATION DEALERSHIP INFORNIATION Firm Name Tele# Address Street City Zip Owners/Officers Tele# Tele# Tele# Type of License: New Used V'Lessor VWholesale ;/ Auctioneer - Are Trades Accepted: Yes v No - Building Space Needs: Office LDisplay _ Inside Storage _ Outside Storage_ I Outside Storage _ Service _ Other (explain) , +' .. A floor plan to scale must be attached -'V f-/ /7 {; / / i Target Group of Customers (explain) I , i (% of business of each) Advertising Outreach: Radio _ TV _ Mail_ Corporate _ Newspaper _ Magazine_ Have you held licenses in oth.er communities? Yes _ No -.z,p If Yes, Where: 1}it1 Lj kJ.td, t2-&'--r! ~ So Address City Address City *NECESSARY ATTACHMENTS: Floor Plan Copy of State Application Note: City may withhold review of any incomplete application The below signed applicant hereby certifies that his dealership operation will not vary from the information contained herein without first obtaining ap~om the City. ,~»~ \ ~ I S·-----...-/ Ignature---/1J '-4.--'-- Title .~IJl:.A.~\~I::i'ORTS\MTRVUC.APP 14 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, ~ ~n, Zoning Administrator encl: cc: Driver & Vehicle Services Division JJARAD Assoc. Partnership II Moor96.464 Recvctea ;::Iaper City of Eden Prairie # 96-464 I' 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: Cease parking, storing vehicles in transportation, and d.isolavina 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 r4R--d/U a~A~A..~ L DATE lin rJ6NING 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 O'Leary Zoning Administrator Jean Johnson and City Recorder Barbara Anderson Dunham and O'Leary Chair Nelson called the meeting to order at 7:30 p.m ROLLCALL Board Members Dunham and 0 '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 -AU2ust 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 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 maximuni 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 spaceS/l,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 isvery 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 commented 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 commented 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 I~ 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 pennits 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 pennits 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 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 ofthe 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 iiI 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 pennanently 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 loca~ 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 19 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 staffs decision. 2) Utilize 2,568 square feet of area ofthe 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 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 Cormnercial 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 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. 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. avery Truly, Mark A. Jo President 250 Prairie Center Drive, Suite 250, Eden Prairie, MN 55344 612-946-0123 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 August 15, 1997 Moore Leasing and Sales 250 Prairie Center Drive Eden Prairie, Minnesota 55344 Attention: Bob Moore SUBJECT: Variance Request #97-10 Dear Mr. 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 meeting. The Board indi'~ated action will occur on the request at the September meeting. A brief presentation of 5-10 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. Zoning Administrator c: Mark Johnson, Prairie Center Properties L.L. C. G:'.steve'Jetters\9710c 22 rleC'/cled Pape: BOARD OF ADmSTMENTS AND APPEALS MINUTES July 10, 1997 Page 3 bobcats for such things as snow removal, which allows them to be kept on their lots. The Public Hearing was opened. Mrs. Gary Kostecka, 10805 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 commented 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 staffs decision. 2) Utilize 2,568 square feet of area ofthe 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 ADmSTMENTS 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 describing 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 affirmatively, 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. Ford referred to the complaints included in the packet and asked why the proponent was BOARD OF ADmSTMENTS 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 tum 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 affirmatively, 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 :lS BOARD OF ADJUSTMENTS AND APPEALS MINUTES July 10, 1997 Page 6 finding. However, it was the proponent's right to appeal this determination, 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. lfthe 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. ADJOURNMENT MOTION: Ford moved, seconded by Dye to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 9:30 p.m. October 27, 1997 Community Development City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Re: Prairie Center Properties petition (#97-10) As the owners ofREIMAX 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 (again) 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 Saunders (~-.. tie "---ohn Collopy Internet Address: http://www.remaxhq.com/results 2-1 @ == R&'M~® Results 11200 West 78th Street Eden Prairie, MN 55344 Office: (612) 829-2900 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 101 8 Eden Prairie Center Eden Prairie, MN 55344 612/941-6618 1-1 RECEIVED JUL 1 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 Saunders .~{/ ? y ~' ,,/ . t2 John Collopy Internet Address: http://www.remaxhq.com/results WMJl(® 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 • TDD (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 confums 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 barbljeaIiueaers\moore.464 3D :i1y oj EdEn PTairl~ ':;ity Offices eso ivlitchell Road • Eden Prairie, ivlN 553.14-2230 'hone (612) 949-8300 • TDO (612) 949-8399 • Fax (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 of lease vehicles. Thank you for your cooperation to date Respectfu~ ~hnSon, Zoning Administrator barb~ean\letters\moor464 ReC'/clec ~aper CITY COUNCIL AGENDA DATE: SECTION: Report of City Manager 11/4/97 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.XI.B.1. Administration Proposed Contract Settlement Agreement with Sisinni Food Services (SFS) Request: Council approval of the attached Settlement Agreement with Sisinni Food Services (SFS) at an amount not to exceed $122,000. Background: Mr. Tony Sisinni has informed us he cannot continue to operate the Garden Room under the terms of his current contract. He would need a substantial supplement ($3,700 per month at least) from the City to continue providing the same level of service.. His contract runs to the end of 1999. Following discussions with Mr. Sisinni, we agreed to pursue a mutually beneficial solution which would close out his contract at this time, and bring in a replacement caterer with expanded resources and operational capacities. We have now received a very good proposal from Minnesota Vikings Food Service, Inc. They would establish the Garden Room as a base for their extensive catering operations. A monthly supplement from the City would be needed ($1,500), which could be offset with revenue sharing if catering sales were to exceed a base amount. This does seem reasonably possible. We visited three Minnesota Viking Food Service, Inc. luncheon operations and all were very good. They would establish a high quality operation in keeping with the excellence we strive for in all our City services. Staff believes it would be fair and reasonable to close out the SFS contract at a price not to exceed $122,000 and will be determined as follows: 1) Purchase the inventory of restaurant appliances, tableware, supplies, etc. at a fair market price. This City cost could be offset by resale to Minnesota Vikings Food Service, Inc. or other potential buyers. All items would be inventoried and inspected prior to the City's purchase.; 2) SFS has several catering events booked into the future. These events would be transferred to Minnesota Vikings Food Service, Inc. The City would pay SFS an amount for lost profits on these events. We expect that over time this cost could be recovered by the revenue sharing aspects of the proposed Minnesota Vikings Food Service, Inc. contract. , - 2 - 3) Mr Sisinni has also requested a contract or "business value" consideration. No doubt there is some value to the catering and luncheon business he has developed, and given the fact that he has operated at essentially a zero subsidy over the past two years, such consideration seems reasonable. On Tuesday evening, we will report further on our discussions with Minnesota Vikings Food Service, Inc. and a proposed date for the changeover. CJJ:jdp 2- • The deposits for the bookings are forwarded to the City or otherwise resolved to the satisfaction of Minnesota Viking Food Service. Contract Value The City will review and compensate you for the value of your business provided: • SFS leave the above equipment and booking information with the City. • SFS work cooperatively with Minnesota Viking Food Service during the transition process. • The City will retain exclusive rights to any vending machine operations you may have within the City Center. The contract completion date must be addressed. You proposed the November 15th date as the date you would like the contract to end. If that is still acceptable to you, we will take this signed document to the Council the 4th of November. I will have you and Barb Cross work with Minnesota Vikings to begin the inventory the I st week in November. You can begin to compile the information for future reservations so both can be completed by the 10th of November. Once all the information is in and the City has verified the new equipment and accounted for the existing equipment, and the Council has approved the expenditure we can have the finance department issue payment. ~.L.:.< /tJ-.J/-V Anthon isinni . 4 Memorandum To: Tony Sisinni From: Carl Jullie Date: October 24, 1997 Subject: Proposed Contract Settlement Agreement With SFS The City wants to address the proposal you gave us to close your contract with the City. We have reviewed your proposal (valued in total at $122,000) and in order to continue the process, we need to clarify the basic terms of a settlement agreement. This agreement will remain conceptual until dollar amounts for inventories and future bookings are verified and until City Council approval. There are three basic parts to your proposal as follows: Inventory and Equipment: The City is willing to pay the current replacement value for equipment and inventory you purchased for the Garden Room operation provided: • • • A detailed list of inventory and equipment can be verified and valued. The list of items the City purchased for the Garden Room and made part of your contract is attached. This list of equipment must be inventoried and accounted for. Viking Food Services will be in the kitchen area to make an inventory of the items which are present and the condition for their own purposes. We will use their services to help us complete the inventory. Scheduled Events in the Garden Room The City agrees to compensate you for lost business opportunities requested in your proposal provided: • • You provide a list of events stating the type of event and necessary services dates, times, and paid deposits. Names and phone numbers must be included so the booking can be honored. Minnesota Viking Food Service will take over all of the events.