HomeMy WebLinkAboutCity Council - 01/16/1996 AGENDA
SPECIAL CITY COUNCIL MEETING
JOINT WORK SESSION CITY COUNCIL/
HENNEPIN COUNTY COMMISSIONER RANDY JOHNSON
TUESDAY, JANUARY 16, 1996 6:00 PM, CITY COUNCIL CHAMBER
(5:30 PM, Dinner, Heritage Room)
COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald
Case, Ross Thorfinnson, Jr. and Nancy Tyra-
Lukens
CITY COUNCIL STAFF: City Manager Carl J. Juffie, Assistant City
Manager Chris Enger, Director of Public
Works Gene Dietz, and City Engineer Al Gray
OTHER PARTICIPANTS: Hennepin County Commissioner Randy
Johnson, Representatives of Interwest/DLR
Group Infrastructure Corporation and 212
Community Highway Association
OTHER INVITED MnDOT, Legislators and Metropolitan Council
REPRESENTATIVES: from Eden Prairie
ROLL CALL
I. CALL MEETING TO ORDER
H. PRESENTATION AND DISCUSSION ON PROPOSED NEW T.H. 212 TOLL
ROAD
III. OTHER BUSINESS
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 16, 1996 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, 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&Facilities Bob Lambert, Director of
Public Works Gene 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
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. RESOLUTION APPROVING FINAL PLAT OF MAIL HANDLING
ADDITION (located at the northwest corner of Corporate Way and Martin
Drive
C. RESOLUTION AUTHORIZING ACQUISITION OF RIGHT-OF-WAY FOR
SUNNYBROOK ROAD UTILITY CONSTRUCTION. I.C. 94-5363
D. SET TUESDAY. FEBRUARY 13. 1996, 5:30 PM, TO INTERVIEW
CANDIDATES FOR BOARDS/COMMISSIONS
E. AWARD BIDS FOR QUARTERLY PARKS AND RECREATION
BROCHURE TO GOLD STAR PRINTING
F. RESCHEDULE CITY COUNCIL MEETING OF MARCH 5. 1996 TO
MARCH 12. 1996 BECAUSE OF PRECINCT CAUCUSES
City Council Agenda
Tuesday, January 16, 1996
Page Two
V. PUBLIC HEARINGS/MEETINGS
A. MEDIA PLAY by Musicland Group, Inc. Request for Planned Unit
Development Concept Review on 23 acres, Planned Unit Development District
Review with waivers on 5.6 acres, Zoning District Change from Rural to
Commercial Regional Service on 5.6 acres, Site Plan Review on 5.6 acres and
Preliminary Plat of 5.6 acres into two lots. Location: Eden Prairie Marketcenter.
(Ordinance for Zoning District Change from Rural to Commercial Regional
Service and Planned Unit Development District Review, Resolution for
Planned Unit Development Concept Review and Resolution for Preliminary
Plat)
B. EDEN PRAIRIE HIGH SCHOOL ADDITION '96 by Independent School
District #272. Request for Site Plan Review and Zoning District Amendment in
the Public Zoning District on 67 acres. Location: North of Valley View Road
and west of County Road 4. (Ordinance for Zoning District Amendment and
Resolution for Site Plan Review)
C. SUNNYBROOK WOODS by Stephen J. Kroiss. Request for Zoning District
Change from Rural to R1-13.5 on 4.0 acres and Preliminary Plat of 4.0 acres into
7 lots and one outlot. Location: North side of Sunnybrook Road. (Ordinance
for Zoning District Change and Resolution for Preliminary Plat)
D. VACATION 96-01: Drainage and Utility Easements on Lot 1, Block 1.
Riverview Heights 2nd Addition (Resolution)
VI. PAYMENT OF CLAIMS
VII. ORDINANCES AND RESOLUTIONS
A. MEDIA PLAY by Musicland Group, Inc. 2nd Reading of an Ordinance for
Zoning District Change from Rural to Commercial Regional Service on 5.6 acres
and PUD District Review with waivers on 5.6 acres; Adoption of a Resolution
Approving Site Plan Review and Approval of a Developer's Agreement for Media
Play by Musicland Group, Inc. Location: Eden Prairie Marketcenter.
(Ordinance for Zoning District Change and PUD District Review and
Resolution for Site Plan Review)
VIII. PETITIONS, REOUESTS AND COMMUNICATIONS
A. REQUEST FROM EDEN PRAIRIE COMMON GROUND ORGANIZATION
FOR CITY'S PARTICIPATION IN AN AFFORDABLE HOUSING
PROGRAM
City Council Agenda
Tuesday, January 16, 1996
Page Three
B. RESOLUTION SUPPORTING TRANSIT LEGISLATION - Request from
Southwest Metro Transit Commission
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. Set Tuesday. January 23, 1996. 5:30 PM. for Council/Staff Workshop
C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES
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
DATE:
ep CITY COUNCIL AGENDA
rjralnL SECTION:. CONSENT CALENDAR 1-16-96
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance - Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A
THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE
LICENSED ACTIVITY.
CONTRACTOR (MULTI-FAMILY & COMM. ) PLUMBING (continued)
Alran Construction Co. , Inc. R C Plumbing
Associated Mechanical Contractors Richfield Plumbing Company
BTO Development Corp. Ridgedale Plumbing
Bor Son Building Corp. Roseville Plumbing & Heating
Crawford-Merz Construction Royal Plumbing & Heating
Douglas Corporation Solberg Plumbing
The Fendler Company Spriggs Plumbing & Heating
G. L. Contracting _Star Plumbing & Excavating
Gavic Construction Corp. Valley Plumbing Company
Steve Knapp Remodeling Valley-Rich Company, Inc.
R. A. Kresse Company
Merrimac Construction Co. , Inca GAS FITTER
Metropolitan Mechanical Cont.
Miller Architects & Builders Associated Mechanical Contractors
Northwest Racquet Club ARI Mechanical Services, Inc.
Oakwood Builders Burnsville Heating & Air Cond.
PCL Construction Services, Inc. Jon R. Eagle Heating & Ventilating
Penn-Co Construction, Inc. Economy Gas Installers, Inc.
Rochon Corporation Genz-Ryan Plumbing & Heating Co.
Rosemount, Inc. Kleve Heating & Air Conditioning
Swedenborg-Shaw Construction, Inc. Merit Heating & Air Conditioning
David Wayne Construction, Inc. One Way Building Service, Inc.
Welsh Construction Corporation P & D Mechanical Contracting Co.
Southside Heating & Air Conditioning
PLUMBING Valley Plumbing Company
AAA-Abbott Plb. & Htg. HEATING &'VENTILATING •
Associated Mechanical Contractors
Custom Plumbing, Inc. A-abc Appliance & Heating
D C Mechanical , Inc. Abatec Mechanical , Inc.
Dalby Plumbing Associated Mechanical Contractors
Matthew Daniels, Inc. Burnsville Heating & Air Conditioning
Earl W. Day & Sons Jon R. Eagle Heating & Ventilating
EASCO Plumbing & Heating Genz-Ryan Plumbing & Heating
Genz-Ryan Plumbing & Heating Honeywell , Inc.
P & D Mechanical Contracting Kleve Heating & Air Conditioning
Penn Plumbing Merit Heating & Ventilating
Action/Direction:
1-16-96 page 1 ;-=
erz CITY COUNCIL AGENDA DATE:
at
Imra1riL SECTION: CONSENT CALENDAR 1-16-96
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance - Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A
(J
THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE
LICENSED ACTIVITY.
HEATING & VENTILATING (continued)
One Way Building Service, Inc.
Royal Plumbing & Heating
Patrick Sicheneder Mechanical
Southside Heating & Air Conditioning
Spriggs Plumbing & Heating. Company -
Statewide Gas Services, Inc.
Vent-A-Hood of the Twin Cities, Inc.
UTILITY INSTALLER
Valley-Rich Company, Inc.
y.
Action/Direction:
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1-16-96 page 2
DATE: 01/16/96
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: ?
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Mail Handling Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of the Mail
Handling Addition subject to the following conditions:
• Receipt of engineering fee in the amount of $250
• Revision of plat to describe the underlying property as Edenvale Industrial Park rather
than Edenvale Park
Background:
The property is located at the northwest corner of Corporate Way and Martin Drive and is the
site of the Mail Handling Services Building, currently under a major expansion and renovation.
The plat is something of a housekeeping item in that the existing building currently sits over two
existing lots and this plat is necessary to combine the two existing lots and remove the existing
lot line to eliminate zoning issues and any potential title problems.
The preliminary plat was approved July 11, 1995. This property was zoned I-2 Park in 1969
and no zoning change was proposed with this project.
JJ:ssa
cc: Frank Cardarelle
Jack Shaw, Sewedenborg Construction
T f
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
MAIL HANDLING ADDITION
WHEREAS, the plat of Mail Handling Addition has been submitted in a manner required for
platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota
Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Mail Handling Addition is approved upon compliance
with the recommendation of the City Engineer's report on this plat dated January
8, 1996.
B. That the City Clerk is hereby directed to supply a certified copy of this
Resolution to the owners and subdivision 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 January 16, 1996.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
MIIIIMIEL
Know all personsby thee*promoter Thet C.S.Covey, •Minnesota
genera/pert..rship, comes .
e nd of Nlar.ste. mortgagee of tCompany.
follewin9 aeerlb.d prapertl•tttwt.d I.Oh.d ender the
of t 0oMate
.
S tate of Mleeosota. to wit, .
Petlot•D.•end Lot S. Block 2. Memel*Perk.as of nosed in the.tale of the Ceeoty R..mrder.
• Sammie Cwmty.Nursers. .
Saw eases&the ser to be.urvo/s&and plotted es MAP,M RTA,Am1TIDN amd a herby emote
sod d.dlo.te to the public for public u..Coveter the*linty....mo a o ts shown ea the plot. .
MAIL HANDLING ADDITION a ultimo*...onset, said •O.Slime.amoral teatime of Compeer. Ms her.rte eelMs
Iced mod*eel Ode es of . 199_.
•
signed .
boo..C.Sll...
State of Momeeet..Corey of Meoe.ple
The foregoing leotrsmant nee acknowledged bedre r this by of , 199_by
Themes C.Snore Ose.r.l P.rtrt of O.S.Company. •
/ ibtery Pebile, Nosmmplm County, Mieesota
ili
ly eonn/tainn...Piro.
/ In at...a wherof, ..If rere J.N1.b.1.e..g...rel Pererr.t Draft Company. b..M.r...te met
hle heed rod tool this ems of low .
/ � .Egos&
/ ,� 1 Yard d.Slchel.a
J�
/ ��� . , a et.t*el rfa....c.,tomes�e MN�rsoe..ep�l .
•
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v J-\ The fer.gelp lsatnret esb,wl.dg.d Oef*re mm this dy of - 1N_y
NORTH 4,4 +� ford a.Slrhel..e, ..snow!Partner of Draft Company.
/ Notary public. M ompl.County. M/oreote
j ��130 Hy commission melees •
\\I / ? \ N 2a I hereby certify that I have surveyed end plett.d the property aecribod r this plat n NAIL •
` _ Sr MOILING ADDITION, Shit this plot le r correct rep r...nt.tion of Paid• v.y, that.l1 di.t.noe .
are correctly horn o the plat in feet and hundredths of•foot, Sher all monuments hove boon
correctly pine.{in the ground or ill be pieced me required y the loco/governmental unit al* •
tk\ �, \ N non, t that
hl the
hey outside
tob b.:m ettwllines see correctly a.ig,utwd on the plat. end that there a
�`JJ e LOT t SLK 1 o pu 9 Yo goo
y` i) .
`! `�. \ ; Prank R.Carerella Lend Surveyor
/ 4y� ,� Minnesota Ltewnsw No.6SON
/ / r \ .,.y Stets of oing Surveyor's
Crusty of Hennepin m
/ To.foregoing Surveyor'. le, ,Loot.ry acknowledged before r this ay of
/ 199_.by Fronk R.Corarw lion, Lend arryer.
�� / LOT I /-- / •
D 5. / ff Se9/ 0 I Notary PoDlia Hennepin County. Minnesota
Sr p/ Q\O`+ Hy comele.ion expires
/y V v
1' .,T t1 / WROT 0 - i ` . 0004 MAIRIS. N]MNWOf* .
I V This plot of NAIL HANDLING ADDITION wee approved and accepted by the City Council f Hen
/ �� '%� / �•� Minnesota. at a r.gulnr meeting thereof held thin dry Cl 199_. If
applicable. the written co.rnto end r.eamm.,Mat100n p h.Carlesierr of Trsnoportetlo and
�r{ / / / the County Highway Sngin.ar here been received by the City or the bed
10 day period bee
/ elapsed without r.totpt of esoh comment.and co.onn,ndations es provided Mieneset•Statute..
/ ,/ Section SOS.%Sub0. 2.
IA, / 4 CITY COUNCIL OP coo PRAIA'S, MtRNSSOTA
.X / ,4' By Oyor By wn,g.r .
a —
/ JT buoy,M b ft rearm.w own Oen •
_ tTA}'' r ~5 INS PAYER StRVIC.S DIVISION. Hennepin County. N •
L' R-71d.rrecr• dl rue.Y) ` ` / I hereby certify that tests payable in 199_end prior earl;hove been old for lend ascribed on
m «� L-/ I I this plat. Octal this dry of 199_.
a� 5 I Patrick N. O'Connor, Hennepin County Auditor
44P.kv
dr ► 2 I I o By Deputy .
NORM WE sOf crim
SW 1/1 a IIIE 1—) L_�—
SE 1/1 of SECT S
SURVEY S9CIIOM. Han0epin County. Minnesota
pursuant to Mlnnesot.Ste ,cation 1818365 119611, thin plat ha.boon approved Shim
•
GRAPHIC SCALE I 1.01 In 0Dul I ay of . 192_,
few 9�two•war mom Howe.retort Gory P.Carrell. Hennepin County Surveyor
�armee me{mI Mr eel M mi ow m Ms&... .
y
OASIS OF REAIONOS IS ASSUMED COMM,RNCORORR, Hennepin County, Mln,ronte •
1 II rps7) I hereby certify that the within plat of MAIL HANDLING ADDITION we filed in thle office this
1 Mk-Is&it
day o[ . 199_, wt_o'clock_.M.
R.Den Colleen,County Recorder
By Deputy •
I .
DATE: 01/16/95
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: C.
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Resolution Authorizing City Staff to Acquire Utility Easement over Parcel
Alan Gray 23-116-22-33-0014 for Sunnybrook Road Utility Construction
Recommended Action:
Approve resolution authorizing City staff to acquire utility easement over PID# 23-116-22-33-
0014 for Sunnybrook Road utilities.
Overview:
The Engineering Division with the assistance of RCM, Inc. is in the process of finalizing the
construction plans for Sunnybrook Road improvements (LC. 94-5363). The improvement
project requires the construction of a storm sewer outfall to Purgatory Creek southerly of
Sunnybrook Road and construction of a segment of sanitary sewer connecting between
Sunnybrook Road and the Purgatory Creek intercepter. The City's consultant, RCM, Inc., has
evaluated three potential corridors for the two required utilities. Their recommendation is that
the two utilities be constructed within a single utility easement along the easterly side of PID#
23-116-22-33-0014, owned by Mr. and Mrs. Gerald Wersal. This is one of the potential
corridors identified in the feasibility study.
Primary Issues:
The easement for the sanitary sewer connection and storm sewer outfall is the most critical
easement on the entire Sunnybrook Road improvement project. Due to the size of the easement,
a professional appraisal will be required. Due to the complexity of the procurement process for
this easement it is desirable to proceed at this time to assure the easement's availability for
spring construction.
Financial Issues:
The cost to procure this easement will be added to the assessable cost for Sunnybrook Road
improvements.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION AUTHORIZING ACQUISITION OF
RIGHT-OF-WAY FOR SUNNYBROOK ROAD UTILITY CONSTRUCTION
WHEREAS, the Eden Prairie City Council previously approved improvements to Sunnybrook
Road designated I.C. 94-5363; and
WHEREAS, said improvements require the construction of sanitary sewer and storm sewer
between Sunnybrook Road and Purgatory Creek; and
WHEREAS, utility easement is required to construct said sanitary sewer and storm sewer.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City
Engineer and City Attorney are hereby authorized to acquire the necessary utility easements by
negotiation or condemnation, on the following property:
Parcel 23-116-22-33-0014
ADOPTED by the Eden Prairie City Council on January 16, 1996.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
-Ire2-
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1/16/
SECTION: Consent Calendar ITEM NO. F.
DEPARTMENT: Par s, ITEMS DESCRIPTION: Award Bids for Quarterly Parks and Recreation
Recreation and F s Brochure
Sandy Werts
Recommendation:
Parks, Recreation and Facilities Staff recommends awarding the bid to print the next four quarterly Park and
Recreation Program Brochures to Gold Star Printing.
Overview:
The Parks, Recreation and Facilities Department publishes four quarterly brochures featuring the program
offerings for the corresponding quarter. The size of the brochure varies with each quarter and the number of
offerings. This bid is for the 1996 Spring, Summer and Fall Brochures and the 1997 Winter Brochure.
This is the first time we have had to request sealed bids. In the past we have received competitive quotes. We
have worked with Shakopee Valley Printing since our Winter 1994 brochure and have been extremely happy
with their work. We have also worked with Gold Star printing in the past.
Specifications were written to include paper requirements, the addition of photos, logos, tabs and screens,
printing, folding, collating and saddle-stitching,pick up and delivery of copy and proofs. Printers were also
asked to quote per size of brochure. Quotes were requested for four different size brochures, plus cover. These
were totaled to compare costs.
PRINTERS 44 48 52 60 Total
Gold Star Printing 6,818 7,012 7,468 8,100 29,998
* Halftones, logos, tabs 50 50 50 50
* Delivery Hopkins P.O. 100 100 100 100
Shakopee Valley 7,422 7,834 8,211 8,961 32,428
* Delivery Hopkins P.O. 190 190 190 190
* Delivery ADX 40 40 40 40
Print it Plus 8,775 9,500 10,225 11,695 40,195
Reynolds 9,940 10,026 10,862 12,270 43,098
Anchor 10,575 11,075 11,880 12,960 46,490
General Litho 12,122 12,081 13,227 15,224 52,644
1
UE.I.
CATALOG SPECIFICATIONS
Community Program
for
Eden Prairie Parks and Recreation
1996
1. Published quarterly:
Approximate Mailing Dates:
Spring - January 26
Summer - March 22
Fall - August 2
Winter-November 15
The Spring brochure will be ready for the printer by Wednesday, January 17 with delivery to the Star Tribune
by January 26.
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2. Size: 8 'A x i l
3. Paper Stock: text: 50# white regular off-set or as in example. Please include a quote for recycled paper for text
4. Cover: 80# Tahoe enamel white text or as in example. Please include a quote for recycled paper for cover
5. Ink Colors: Text -black ink
Cover- two color
please include a quote for regular ink and one with soy based ink
6. Pages: The number of pages will vary each quarter
please quote at 44 pages plus cover
please quote at 48 pages plus cover
please quote at 52 pages plus cover
please quote at 60 pages plus cover
7. Printing Process:
• printer will receive camera-ready copy
• printer will add half tones (photos), logos and tabs on right hand pages, and screens
• printer will print, collate, fold and saddle-stitch
8. Photos - price should include the work on preparing and printing approximately 30 photographs shot
individually, 8 to be used on the cover, 22 within catalogue
9. Quantity 21,500, plus the cost of an additional 1000 copies
10. Packing and shipping - Distribution will be one of two methods: 1. Printer will count and separate by carrier
routes and deliver to Hopkins Post Office, according to list provided. Please let us know if there would be an
additional charge for waiting at the Hopkins Post Office to weigh and process the order and deliver the
entire shipment to the Eden Prairie Post Office. 2. Deliver brochure to Star Tribune distribution Center.
11. Turn around or printing time - from the time the camera-ready copy is delivered to the printer to the printer
delivering the final copy to the post office is approximately 9 to 14 days.
Sealed bids will be received until 10:00 a.m.,January 5, 1996: Sandy Werts
City of Eden Prairie
Parks and Recreation Department
8950 Eden Prairie Road
Eden Prairie, MN 55347
E,z
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1-16-96
SECTION: PUBLIC HEARINGS ITEM NO. V.A
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger MEDIA PLAY
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt an Ordinance for Zoning District Change from Rural to Commercial Regional Service on 5.6
acres and Planned Unit Development District Review with waivers on 5.6 acres;
• Approve a Resolution for Planned Unit Development Concept Review on 23 acres;
• Approve a Resolution for Preliminary Plat on 5.6 acres into 2 lots.
Background:
The Planning Commission voted unanimously to approve the Media Play proposal at the December 11,
1995 meeting. The Commission recommended approval of the Planned Unit Development waivers for zero
lot line setback to parking, parking to 5.5 spaces per 1,000 sq. ft. of building, sign transfer to the front
elevation, and base area ratio above.2 for Lot 2. Planning Commission agreed with City staff that the PUD
waiver for exterior materials less than 75% face brick and glass should not be granted and directed the
developer to revise the building elevations according to Alternative 2, which would make the band out of
brick instead of a drivet material.
The Planning Commission also recommended two site plan changes including moving the restaurant
approximately 35 feet to the east which would allow the opportunity for a decorative entrance with tiered,
curved retaining walls and heavy landscaping like Doolittles, and an alternate plan for locating the loading
dock on the west side of the building in the event that Media Play could not work out a cross access with
Brunswick Family Fun World. Site plan modifications for the restaurant and the loading dock are attached
to the set of plans in your packet.
Supporting Reports:
1. Resolution for Preliminary Plat
2. Resolution for Planned Unit Development Concept Review
3. Unapproved Planning Commission Minutes dated 12-11-95
4. Staff Report dated December 8, 1995
V. A. t
MEDIA PLAY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF MEDIA PLAY
FOR MUSICLAND GROUP,INC.
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development(PUD)Concept of certain areas located within the City; and,
WHEREAS,the City Planning Commission did conduct a public hearing on the Media Play
PUD Concept by Musicland Group, Inc. and considered their request for approval for development
(and waivers) and recommended approval of the requests to the City Council; and,
WHEREAS,the City Council did consider the request on January 16, 1996;
NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota,
as follows:
1. Media Play,being in Hennepin County, Minnesota, legally described as outlined in
Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
dated January 8, 1996.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated December 11, 1995.
ADOPTEDby the City Council of the City of Eden Prairie this 16th day of January, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
v. fl.z
Media Play
Exhibit A
LEGAL DESCRIPTION
Lot 2, Block 1, Eden Prairie Marketcenter 2nd Addition
V.1
MEDIA PLAY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF MEDIA PLAY
FOR MUSICLAND GROUP,INC.
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of Media Play for Musicland Group,Inc. dated January 8, 1996, consisting
of 5.6 acres, a copy of which is on file at the City Hall, is found to be in conformance with the
provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is
herein approved.
ADOPTED by the Eden Prairie City Council on the 16th day of January, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
PLANNING COMMISSION MINUTES
December 11, 1995
Page 7
D. MEDIA PLAY by Musicland Group, Inc. Request for Planned Unit Development
Concept Review on 23 acres, Planned Unit Development District Review with
waivers on 5.6 acres, Rezoning from Rural to Commercial Regional Service on 5.6
acres, Site Plan Review on 5.6 acres and Preliminary Plat of 5.6 acres into two lots.
Location: Eden Prairie Marketcenter.
Carl Paraguay, Director of Marketing for Media Play, which was owned by
Musicland Group,reviewed the project and showed slides of the proposed building.
Chuck Linwood, of Linwood and Dunwoody reviewed the plans for the project and
described the access to the site. They have plans to add a restaurant on the site which
will be approximately 4,500 sq. ft. They will need a variance from the parking ratio
of 6:1 to allow for a parking ratio of 5.5:1. He described the building style and
architecture,and showed pictures of the logo and signage they propose. He discussed
the colors of brick and described the landscaping and the retaining walls.
Ismail inquired if the HVAC equipment on the roof would be screened and Linwood
responded there was a parapet which would screen this equipment from view. Ismail
inquired about the entrance to the site, and Linwood responded that both entrances
were covered under dedicated easements on both the Bachman and Brunswick
properties,which were designed to provide access to this site.
Sandstadt inquired about the entry grade issue and whether it had been resolved.
Franzen reviewed the staff report and stated that staff recommended moving the
building to meet the setback requirement and obtain a"stepped" effect.
Wissner referenced the letter from Brunswick denying the proponent's request to
change the easement agreement, and inquired if that had been resolved. Linwood
responded they were still working on it,but since the changes required were minimal
they believed they could resolve this difficulty. If not, they would move the truck
access to the other side of their building and eliminate the need to change the access
agreement. He noted that the trash enclosure would remain where it is presently
located, adjacent to the Brunswick property.
V.fl s
PLANNING COMMISSION MINUTES
December 11, 1995
Page 8
Clinton inquired if sight distances for truck traffic were adequate, and Franzen
responded that it was the best access of the two available to the site, and he believed
it would be adequate. He also thought that this intersection would be signalized as
the traffic volumes in the area increase.
Sandstadt inquired if the proponents intended to construct cart corrals. Linwood
responded that their merchandise was smaller in nature and did not require carts. He
noted that none of the other Media Play facilities have carts and this store would not
have carts.
Franzen reviewed the staff report and noted that if the loading dock was moved to the
west side the proponents could be given credit for some more parking spaces. He
commented that staff supported granting a parking ratio of 5.5:1 since studies had
revealed that this was an adequate ratio in most instances.
Ismail inquired when construction would commence and Linwood responded they
would initiate construction this coming spring. Franzen commented that the
restaurant site would come back before the City for approval as the developers intend
to sell this portion of the site to another business. Wissner inquired if a restaurant is
constructed and they have approved a parking ratio of 5.5:1 if parking will be
adequate. Franzen responded that centers with this parking ratio work if at least 5.1
parking is constructed in a convenient location.
The Public Hearing was opened.
No one present wished to speak.
Sandstadt commented he felt the project was a good one, but the entrance issue
needed to be resolved with Brunswick. Foote stated he supported the project and
welcomed the business to Eden Prairie. Ismail stated he was supportive of the
project.
MOTION: Wissner moved, Foote seconded, to close the public hearing. Motion
carried 6-0.
MOTION: Wissner moved, Foote seconded, to recommend approval of the
proposal for Media Play by Musicland Group, Inc. for Planned Unit Development
Concept Review on 23 acres, Planned Unit Development District Review with
waivers on 5.6 acres, Rezoning from Rural to Commercial Regional Service on 5.6
acres, Site Plan Review on 5.6 acres and Preliminary Plat of 5.6 acres into two lots
based on plans dated December 6, 1995 and the Staff Report dated December 8, 1995
and subject to the conditions listed therein. Motion carried 6-0.
V. MEMBERS' REPORTS
A.
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: December 8, 1995
SUBJECT: MEDIA PLAY
APPLICANT:
FEE OWNER: Musicland Group, Inc.
LOCATION: Eden Prairie Marketcenter
REQUEST: 1. Planned Unit Development Concept Review on 23 acres
2. Planned Unit Development District Review with waivers on
5.6 acres
3. Rezoning from Rural to Commercial Regional Service
4. Site Plan Review on 5.6 acres
5. Preliminary Plat of 5.6 acres into two lots
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Staff Report
Media Play
December 8, 1995
BACKGROUND
This is the last undeveloped site of a 20 acre PUD approved by the City in 1992. There are two
existing buildings, Brunswick Family Fun World and Bachman's. This site is currently guided
Regional Commercial and zoned Rural.
SITE PLAN
The site plan shows the construction of a Media Play store and a future 4,500 sq. ft. restaurant.
The property will be subdivided into 2 lots. Media Play will build this Spring. The restaurant
site will be sold to a different developer. The base area ratio for both buildings is .15 when
calculated on the total size of the property. Due to the subdivision of the property for a future
restaurant, the base area ratio for the Media Play lot is .24. This is a Planned Unit Development
waiver. Since the total base area is less than the .20 allowed by code, the request for waiver is
reasonable.
Building setbacks are met to all property lines for both buildings.
Site plan approval is for the Media Play store only. Since architectural plans are not available
for the restaurant, final plans must return for review and approval by the Planning Commission
and City Council. Concept approval through the PUD may be acted on. The concept plan for
the restaurant should be changed to meet a 35 foot setback from the Bachman's driveway.
Since the restaurant is located close to the entrance drive, 15 feet of retaining wall is necessary.
We expect the restaurant to be at least 16 feet tall which makes 31 feet of wall 20 feet from the
Bachman's entrance drive. Moving the restaurant to the east will allow enough room for
landscaping and tiered, curved walls which should look more decorative and less visually
imposing than just a functional wall supporting the building. The entrance should look more like
Doolittles. This will result in the loss of parking spaces, however,the plan currently has 8 spaces
beyond the staff recommendation of 5.5 spaces per 1,000.
PARKING
The parking required is based on a ratio of 6 spaces per 1,000 for the Media Play store and a
ratio of 1 space per 3 seats for the restaurant for a total of 322 parking spaces. Media Play is
requesting a Planned Unit Development waiver to allow a parking ratio of 5.5 spaces per 1,000
sq. ft. of building. The restaurant would be parked according to City code.
2
fl.g
Staff Report
Media Play
December 8, 1995
There are several approaches to the parking waiver:
1. Require that the project build at 6 spaces per 1,000. This would reduce the size of the
restaurant to approximately 3,000 sq. ft.
2. Approve only the Media Play store now and adopt a wait-and-see approach to evaluate
parking demand. The size of the restaurant would be determined in the future based upon
available parking.
3. Grant a waiver to 5.5 spaces per 1,000.
The City's experience with shopping centers (100,000 sq. ft.) parked at 5.5 spaces per
1,000 with proof of parking and 5.0 spaces per 1,000 actual, works. (Prairie Village and
Preserve Mall). Tower Square has a parking problem, since only 4.5 spaces/1,000 is
located conveniently and there are 3 restaurants. There is additional parking behind the
building to meet 5.5 per 1,000 sq. ft. The Rainbow Foods shopping Center strip retail
portion has 4.5 spaces per 1,000 out front (5.5 per 1,000 sq. ft. overall), but is always
full. At the same time, there is a significant amount of parking in front of Rainbow
Foods that is not being used because of it's inconvenient location.
For shopping centers or commercial buildings less than the 100,000 sq. ft., the City has
required 6 spaces per 1,000. (Applebees, Green Mill and Prairie Court.) Applebees has
a parking problem since proof of parking and parking behind the building which is not
used reduces actual parking in front to 4.5 per 1,000. Green Mill and Prairie Courts do
not have parking problems since 6 spaces per 1,000 is provided out front.
There are currently no free-standing Media Play stores in the Twin Cities to evaluate,
however, Media Play has indicated that there are several free-standing Media Play stores
in the mid-west which have worked at 5 spaces per 1,000.
The City's of Bloomington, Minnetonka, Edina and Apple Valley have parking
requirements for commercial buildings at 5 spaces per 1,000 and have indicated no
parking problems except during the holidays.
Media Play's parking demand, other community's experience with parking demand at 5
spaces per 1,000, and the City's local experience suggest that parking waiver to 5.5
spaces per 1,000 be considered.
3
Staff Report
Media Play
December 8, 1995
BUILDING ARCHITECTURE
The building is 66% face brick and glass. City code requires 75% facebrick and glass. Media
Play is requesting a PUD waiver for design and aesthetic reasons. Media Play has 2 alternative
ways to meet City code if directed by the Planning Commission and City Council. Staff prefers
alternative number 2. This would be similar to Frank's and Ciatti's use of a brick accent band.
Mechanical units will be screened by a continuous parapet wall around the building.
GRADING
Due to the steep slope along the north property line, a 10 to 20 foot high retaining wall must be
constructed. This would be similar to the Bachman's retaining wall. The City requires that the
retaining wall be constructed of a similar material and color as other retaining walls in the area.
If Media Play is unable to obtain a construction and permanent easement from Rosemount for
building the retaining wall, a portion of the retaining wall immediately behind the building would
be poured concrete. The retaining walls that are visible on the west and east sides of the
buildings would be a keystone construction. Though the poured concrete wall is not consistent
with other materials in the area, it is a portion of the wall which is not visible from Singletree
Lane.
LANDSCAPING
The landscaping plan meets City code requirements. To be consistent with the landscaping
schemes along Singletree Lane, half of the techny arborvitae trees should be changed to Black
Hills Spruce.
LIGHTING
The lighting plan is a combination of 30 foot high shoe box fixtures and decorative lighting. The
amount of decorative lighting fixtures is consistent with Bachman's and Brunswick.
SIDEWALKS
This project will complete a 5-foot wide concrete sidewalk connection between the Bachman's
and Brunswick site.
4
V. A,ti ,
Staff Report
Media Play
December 8, 1995
UTILITIES
Sewer and water service is available in Singletree Lane. Due to the construction of the
restaurant, some of the existing utilities will have to be relocated.
Storm water runoff will drain towards an existing treatment pond at the corner of Singletree Lane
and Prairie Center Drive.
SIGNS
Media Play is asking for a Planned Unit Development waiver to allow more than 300 sq. ft. of
sign on the front elevation. Media Play would like to transfer allowable sign square footage from
the other walls to the front of the building. The City code currently allows up to 300 sq. ft. of
sign per wall, or a total of 1,200 sq. ft. Media Play would like to construct 624 total square feet
of sign on the front elevation. The amount of sign transfer is reasonable based on the following
conditions:
1. The Media Play sign is 300 sq. ft.
2. The total amount of other sign on the front elevation, including lettering, striping and
window boxes is 324 sq. ft.
3. The total sign square footage on the front elevation at 624 sq. ft. is 52% of the total
allowable sign square footage.
4. No pylon signs will be permitted for the restaurant and Media Play.
STAFF RECOMMENDATIONS
The Community Development staff would recommend approval of the proposal based on plans
dated December 6, 1995 and the Staff Report dated December 8, 1995 and subject to the
following conditions:
1. Prior to City Council review, the proponent shall:
A. Revise the landscape plan to substitute Black Hills Spruce for techny arborvitae
along Singletree Lane.
5
V. ftI2.
Staff Report
Media Play
December 8, 1995
B. Revise the site plan to meet a 35 foot setback from the Bachman's driveway.
Develop a plan with tiered, curved retaining walls with heavy landscaping.
2. Prior to final plat approval, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review
and approval by the City Engineer.
B. Submit detailed storm water runoff, utility and erosion control plans for review
and approval by the Watershed District.
3. Prior to building permit issuance, the proponent shall:
A. Submit final plans for review by the Fire Marshal.
B. Pay the appropriate cash park fee.
C. Submit samples of exterior materials for review.
D. Submit final landscape plan for review.
4. The following Plan Unit Development waivers are granted through the Planned Unit
Development District Review in the Commercial Regional Service Zoning District.
A. Zero lot line setback to parking.
B. Sign square footage from 300 to 624 sq. ft. of sign on the south elevation.
C. Base area ratio increase from .20 to .24 for Lot 2.
5. Plan Unit Development approval is granted for the restaurant. The restaurant must return
to the Planning Commission and City Council for review and approval of final plans prior
to building permit issuance.
6. All retaining walls must match materials and colors of other retaining walls in the area.
If permanent and temporary construction easements cannot be obtained from Rosemount,
then the portion of the wall behind the building not visible from Singletree Lane may be
poured concrete.
6
v.R.i3
Staff Report
Media Play
December 8, 1995
7. All trash and recycling must be stored inside the building.
7
V. kIl
•
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1-16-96
SECTION: PUBLIC HEARINGS QQ
ITEM NO. V CJ,
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger EDEN PRAIRIE HIGH SCHOOL ADDITION '96
Scott Kipp
Requested Council Action:
The Staff recommends that the Council take the following action:
• 1st Reading of an Ordinance for Zoning District Amendment in the Public Zoning District on 67
acres;
• Approve a Resolution for Site Plan Review on 67 acres.
Background:
The High School expansion plans, consisting of 185,060 sq. ft. of building area, additional parking stalls,
relocation of athletic fields, and a new entry drive off of Eden Prairie Road, were recommended for
approval by the Planning Commission at its December 11, 1995 meeting.
The Staff Report recommends that the School District resolve the stormwater handling and ponding issues
including an additional catch basin behind the Community Center prior to Council review. This process
is still underway, and will be resolved prior to any grading or construction on the property.
Supporting Reports:
1. Ordinance for Zoning District Amendment
2. Resolution for Site Plan Review
3. Unapproved Minutes from 12-11-95 Planning Commission Meeting
4. Staff Report dated December 8, 1995
5. Correspondence
EDEN PRAIRIE HIGH SCHOOL ADDITION '96
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING
WITHIN A PARTICULAR ZONING 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 zoning of the land be amended within the
Public Zoning District.
SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is
amended within the Public Zoning District, and the legal description of land in such District referred to in City
Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly.
SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in
their entirety, by reference, as though repeated verbatim herein.
SECTION 5. The land shall be developed in accordance with plans dated January 8, 1996.
SECTION 6. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of
January, 1996, 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 16th day of January, 1996.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on
U. Z
Exhibit A EDEN PRAIRIE HIGH SCHOOL ADDITION '96
Legal Description
That part of the North Half of Section 8, Township 116, Range 22 described as
follows:
Commencing at the southwest corner of the Southeast Quarter of the
Northwest Quarter of said Section 8; thence on an assumed bearing of
North 1. degree 00 minutes 31 seconds West along the west line of said
Southeast Quarter of the Northwest Quarter, a distance of 654.29 feet to
the point of beginning of the land to be described; thence South 53
degrees 53 minutes 02 seconds East, a distance of 18426 feet; thence
along a tangential curve concave to the north having a radius of 560.00 feet
a central angle of 54 degrees 00 minutes 00 seconds and an arc length of
527.79 feet; thence easterly along a reverse curve concave to the south
having a radius of 1010.00 feet a central angle of 33 degrees 13 minutes 02
seconds and a arc length of 585.55 feet to a line 80.00 feet westerly of and
parallel with the west line of the Northeast Quarter of said Section 8;
thence North 0 degrees 43 minutes 06 seconds West along said parallel
line, a distance of 526.27 feet; thence South 88 degrees 15 minutes 40
seconds East parallel with the south line of said north half of Section 8, a
distance of 1324.51 feet to the westerly right of way line of County State
Aid Highway No. 4; thence North 1 degree 24 minutes 59 seconds West
along said County State Aid Highway No. 4 a distance of 946.64 feet to the
westerly extension of the centerline of NORTH HILLCREST COURT as laid
out and dedicated in the recorded plat of HILLCREST COURTS, Hennepin
County, Minnesota; thence North 88 degrees 12 minutes 14 seconds West
along said westerly extension, a distance of 1792.05 feet, to the
southeasterly right of way of the Chicago, Milwaukee and St Paul Railroad
Company; thence South 61 degrees 26 minutes 00 seconds West along
said right of way, a distance of 850.34 feet,to the west line of the Northeast
Quarter of the Northwest Quarter of said Section 8; thence South 1 degree
00 minutes 31 seconds East along the west lines of said Northeast Quarter
of the Northwest Quarter and said Southeast Quarter of the Northwest
Quarter,a distance of 905.77 feet, to the point of beginning.
Except those portions of the above property described in Documents No.
1362440 and 4759945.
V $.
EDEN PRAIRIE HIGH SCHOOL ADDITION '96
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING
WITHIN A PARTICULAR ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Summary: This ordinance amends the zoning of land located at North of Valley View Road and
west of County Road 4 within the Public Zoning District on 67 acres; subject to the terms and conditions of a
developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Is/John D. Frane /s/Jean L. Harris
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the
(A full copy of the text of this Ordinance is available from City Clerk.)
V.8.Li
EDEN PRAIRIE HIGH SCHOOL ADDITION `96
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR EDEN PRAIRIE HIGH SCHOOL ADDITION `96
BY INDEPENDENT SCHOOL DISTRICT#272
WHEREAS, Independent School District #272 has applied for Site Plan approval of Eden Prairie High
School Addition `96 on 67 acres for construction of a 185,060 sq. ft. building addition to the Eden Prairie High
School located at 17185 Valley View Road; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its December 11,
1995, Planning Commission meeting and recommended approval of said site plans; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its January 16, 1996,
meeting;
NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE, that site plan approval be granted to Independent School District#272 for the construction of
a high school addition,based on plans dated January 8, 1996,between Independent School District#272, and the
City of Eden Prairie, subject to the following:
Prior to any grading or construction on the property, the proponent shall resolve the stormwater handling and
ponding issues identified in the December 8, 1995 Staff Report to the satisfaction of the City Engineer. In addition,
that portion of ponding area located on the Community Center property must be approved by the Director of Parks,
Recreation and Natural Resources.
ADOPTED by the City Council on January 16, 1996.
ATTEST:
Jean L. Harris, Mayor
John D. Frane, City Clerk
PLANNING COMMISSION MINUTES
December 11, 1995
Page 5
C. EDEN PRAIRIE HIGH SCHOOL ADDITION '96 by Independent School
District#272. Request for Site Plan Review and Zoning District Amendment in the
Public Zoning District on 67 acres. Location: North of Valley View Road and West
of County Road 4.
Kipp introduced Steve Thompson of Cunningham,Hamilton,Quiter Architects,who
reviewed the plans for the Eden Prairie High School expansion.
Foote inquired about the parking and Thompson responded that there were 670
student parking spaces and there will be an additional 280 spaces for staff and more
for visitor parking. They will be adding spaces in the lower parking area to facilitate
staff and visitor parking.
Ismail inquired about the student population per class,and Thompson responded that
it was approximately 28 students per classroom. Ismail inquired when they were
going to stop expansion on the high school and Thompson responded that this should
be the last addition made to the high school,and the student population was expected
to level off or decrease, and a second high school would be idle ultimately. Ismail
inquired what colors would be used on the additions and Thompson responded they
intended to use the same two colored brick theme they had utilized earlier, to match
the existing portions of the building. They had found that using two colors helped
break down the building mass and the building did not appear as large as it really is.
Ismail inquired about the impact the new construction would have on the Community
Center and Thompson responded that they anticipate there will be an addition to that
facility in the future also, and they have taken this into account when developing
these plans.
Wissner inquired about the driveway plans for the access onto County Road 4 and
whether County Road 4 would be widened into 4 lanes. Thompson responded that
the driveway would be comprised of two lanes entering and two lanes leaving the
site, and each lane would be 12 feet wide,with a minimal median in between. This
is to facilitate both bus and automobile traffic, and also to provide for emergency
vehicle access during special events at the high school. They believe these plans will
provide more control over traffic.
Clinton inquired about the construction schedule for the classroom addition and the
interior remodeling schedule. Thompson responded that Phase I involved a
substantial portion of the new classrooms(70%)and Phase II was for the Performing
Arts Center. They believe Phase I will be completed and operational in 1997.
Kipp reviewed the staff report and stated that staff recommended approval.
Sandstadt expressed concern over the amount of hardsurface coverage and the
stormwater ponding capacity on the site. Thompson responded that the existing
facility preceded the guidelines in the ordinance but is a natural offshoot of any
PLANNING COMMISSION MINUTES
December 11, 1995
Page 6
development on the site. They have tried to mitigate the hardsurface area as much
as possible. There is a substantial increase in the ponding area capacity which has
been expanded to extend all along Valley View road to the corner, and they intend
to locate many of the biology classrooms on this side to the building to utilize this
area as a natural area for wetland studies.
Ismail inquired if the school was able to limit the number of students who drove cars
to school, and Thompson responded that was difficult, but since there were only a
certain number of spaces available,the students had to obtain permits, and there was
minimal control in this manner. Permits were issued to upper class students first,and
the numbers of students who drove cars decreased downward from that number.
Ismail inquired how the addition would impact Schooner Days and Thompson
responded he believed the celebration would be improved by the new access.
Sandstadt commented he believed that this was one of the best designs he'd seen for
this site.
Foote stated he felt that this plan would contribute to the traffic problems in the area.
He thought the access road was wider than Valley View and he believed should be
redesigned.
The Public Hearing was opened.
Todd Smith, 7040 Alpine Trail, was concerned about the new access road. He
inquired if there would be a signal placed at that outlet, and whether County Road 4
would be expanded. He was concerned about the amount of traffic on County Road
4 and the truck traffic particularly.
Gray responded that there were several advantages to having a second access road to
the high school gaining access from County Road 4,particularly since it will not have
a great deal of impact on the traffic north of Valley View. County Road 4 will
undoubtedly be widened at some time in the future,but this project will probably not
impact that decision a great deal. How much County Road 4 would be widened,how
far north it would be widened, and how soon it would be done were factors he did not
have the answers to. He believed the high school expansion would not accelerate this
widening project on County Road 4 by itself,but it would happen over time.
Foote commented he would prefer to see Valley View Road widened and student
parking curtailed.
MOTION: Sandstadt moved, Wissner seconded, to close the public hearing.
Motion carried 6-0.
MOTION: Sandstadt moved,Wissner seconded,to recommend approval of the Site
Plan Review for the expansion of Eden Prairie High School for Independent School
V,61
PLANNING COMMISSION MINUTES
December 11, 1995
Page 7
District#272 based on plans dated 12/04/95 and subject to the stipulations listed in
the December 8, 1995 staff report. Motion carried 5-1. Foote voting no.
MOTION: Sandstadt moved, Wissner seconded, to recommend approval of the
Zoning District Amendment for Independent School District#272 based on plans
dated December 4, 1995 and subject to the stipulations listed in the December 8,
1995 staff report. Motion carried 5-1. Foote voting no.
Foote stated he did not support the expansion as proposed and believed the plans
•
needed to be refined in order to lessen the impact on County Road 4 and Valley View
Road.
V.61
STAFF REPORT
TO: Planning Commission
THROUGH: Michael D. Franzen, City Planner
FROM: Scott A. Kipp, Planner
DATE: December 8, 1995
SUBJECT: Eden Prairie High School Expansion 1996
APPLICANT/
FEE OWNER: Independent School District #272
LOCATION: 17185 Valley View Road
REQUEST: 1. Zoning District Amendment within the Public Zoning District on
67 acres.
2. Site Plan Review on 67 acres for construction of a 185,060 sq. ft.
building addition to the Eden Prairie High School.
1
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Staff Report
Eden Prairie High School Expansion 1996
December 8, 1995
SITE PLAN
The site plan depicts the construction of a 186,060 sq. ft. building addition to the high school,
additional parking areas, relocation of athletic fields and a new public entry drive off of Eden
Prairie Road.
This work will take place in two phases starting in June of 1996 and June of 1997, respectfully.
The building expansion will meet the 50 foot setback requirement in the Public Zoning District.
An additional 305 parking spaces will be provided for a total of 1179 spaces on site. All parking
areas meet setback requirements except for the staff parking area adjacent to the Community
Center. This parking area will require a variance from the Board of Appeals for a zero lot line
setback to parking.
GRADING AND DRAINAGE
A substantial amount of grading work will take place with this project involving the placement
of storm sewer within the athletic field area, construction of the new entry drive and staff parking
lots, and enlargement of the storm water holding pond adjacent to Valley View Road. The
expanded ponding area appears to meet NURP standards, but is undersized in volume capacity
for the 100 year storm event. In addition, a portion of the pond is shown in an area where future
expansion of the community center is anticipated. The proponent will need to work with the
Engineering and Park, Recreation and Natural Resources Departments to resolve the ponding
issues prior to City Council review.
A number of new catch basins are provided throughout the project area. However, additional
catch basins may be necessary to adequately handle the parking lot runoff. Prior to City Council
review, the proponent shall meet with the Engineering Department to review the storm water
handling plan, including the provision of a catch basin behind the community center to collect
runoff from this trapped drainage area.
ACCESS AND TRAFFIC
The schools access currently take place at the intersection of Valley View Road and Hames Way.
The proposed expansion plan includes construction of a new four lane divided access off of Eden
Prairie Road at Edenwood Drive.
A traffic study was prepared in August of 1995 for the School District and City to analyze traffic
counts related to the expansion. This study was based on a recommended alternative from a
1993 study which included a new east-west access drive out to Eden Prairie Road. The existing
2
v- 6.UU
Valley View Road access experiences 6,000 trips per day to and from the school. With the
expansion as proposed, this access will experience 5,700 trips per day to the school with the new
Eden Prairie Road access experiencing 3,200 trips per day to the school.
The daily traffic flow to the school at full enrollment is expected to be about 40% greater than
current volumes. This amount of traffic could not be accommodated through the current single
entrance onto Valley View Road. About 35% of the total school traffic volume will use the new
Eden Prairie Road access. This new access will be signalized.
The study also analyzed options for intersection improvements at Eden Prairie Road and Valley
View Road. This includes left turn lanes for Valley View Road. The City and School District
is working with Hennepin County to coordinate the design and timing for these improvements
which are anticipated to be completed concurrent with the completion of the first phase of school
expansion in the summer of 1997.
The proposed access is a four lane divided roadway. Staff believes this level of design is not
warranted. The tapering of the roadway from four lane near the intersection down to two lane
will be adequate, provide greater flexibility in placement, and will provide the necessary distance
from existing City ball fields.
SHORELAND ORDINANCE
The school site lies within the shoreland area of Round Lake. Within this area, building height
is limited to 25 feet and impervious surface limited to 25%. The proposal shows a portion of
the building height at 50 feet, and site impervious surface totaling 43.7%. These items will
require variances from the Board of Appeals.
The building height variance request allowing a 50 foot high structure may have merit since it
is the same height granted to the school district for their 1993 expansion. In addition, all
drainage from the impervious surface will be treated in the NURP pond prior to discharge to
Round Lake. The use of such ponding is mitigation for the variance.
The school building is approximately 300 feet from Round Lake.
LANDSCAPING
Based on the square footage of the expansion, a total of 578 caliper inches of new plant material
is required. The landscaping plan indicates a total of 783 caliper inches, meeting code
requirements.
The site contains numerous existing landscaping trees along Valley View Road. The expansion
of the existing stormwater ponding area will impact many of these trees. The proponent indicates
that all effected trees will be relocated.
3
ARCHITECTURE
The proposed building expansion will match the current architectural these consisting of the
existing two color brick types, aluminum exterior panels, and green tinted window glass. The
percentage of brick and glass for the total building exceeds the 75% requirement of the City
code.
The proponent indicates that any new visible rooftop mechanical equipment will be physically
screened from public roads and differing land use with aluminum panels and louvers.
RECOMMENDATIONS
Staff would recommend approval for Zoning District Amendment within the Public Zoning
District on 67 acres, and Site Plan Review on 67 acres with variances, for the construction of a
185,060 square foot building addition based on this Staff Report, plans dated December 4, 1995
and the following:
1. Prior to City Council review, the proponent shall:
A. Resolve the stormwater handling and ponding issues, including the provision for
a catch basin behind the Community Center to collect trapped drainage in this
area.
2. Prior to Building Permit issuance, the proponent shall:
A. Submit detailed stormwater, utility and erosion control plans to the City Engineer
and Watershed District for their review and approval.
B. Apply to and receive variances from the Board of Appeals for building height,
impervious surface, and zero lot line setback to parking.
C. Submit detailed plans for review by the Building Department and Fire Marshal.
D. Submit a final landscaping plan for review and approval by the City Planner.
4
as, 10 za FAX 612 379 4400 CUNINGHAM ARCH
4002/OOZ
DEC— 7-95 THU 14 :30 "OENPRAIRIE TRANS_ 9757520 P.02
•
OAS
• 5 hi
EDEN PRAIRIE SCHOOLS District 272
• - Transportation
Telephone:(612)970-7600
December 6, 1995 FAX:(612)975.7520
1+h'. Steve Thompson
Cuninghas Hamilton Quiter
201 Main Street S.E.
Suite 325
Minneapolis, MN 55414
Dear Steve;
We, in Transportation, have concerns regarding the new entrance
for the High School.
As you are aware, one of the major problems we have is the
morning High School busing situation. The approach to the High
school is via Valley View Road. Valley View is a single lane and
when we approach the High School from the East the traffic is
extremely heavy. We have found it necessary to add 10 minutes to
all High School routes simply because of the traffic on Valley
View Road.
At the present time we have 23 buses scheduled for High School
routes but increased student enrollment indicates that in the
future we will need 28 buses. The present plans for the new
entrance show a double two lane road. We feel this is very
important. If we were to have a single entrance lane into the
school our buses would be strung out down Eden Prairie Road
probably as far or further than Valley View Road. In addition to
our buses, there would be teachers' cars, parents' and students'
cars, as there is parking planned for them by the front entrance.
At the present time we have a double lane exiting the High
School. I realize that we compete with students' care as ve exit
and that slows us down. However, the new plan shows only a
single lane. our buses will still compete with teachers' ,
parents' and some students vehicles. In order for us to make our
next schools on time, we must have a dedicated bus lane to
facilitate our departure and hasten clearing the intersection.
It would be most unfortunate if we created a new entrance but did
not solve the traffic problem of too many vehicles trying to
e er/exit dur $he name short time span.
' •• s V
t)
Tra •ortatiQ Director
* District 272•Transportation•8065 Wallace Road-Eden prairie,MN 55344-2224
STATE OF
DEPARTMENT OF NATURAL RESOURCES
METRO WATERS, 1200 Warner Road, St. Paul, MN 55106
PHONE NO. 772-7910 FILE NO.
December 1, 1995
Mr. Mike Franzen, City Planner
City of Eden Prairie
Community Development Department
8080 Mitchell Road
Eden Prairie,MN 55344
RE: Eden Prairie High School Addition'96, Round Lake(27-71W), City of Eden Prairie,
Hennepin County
Dear Mr. Franzen:
We have reviewed the site plans (received November 16, 1995) for the above-referenced project
(NE1/4 NW1/4 and NW1/4 NE1/4 Section 8, T116N-R22W) and have the following comments to
offer:
1. Eden Prairie High School appears to be located within the shoreland district of a Natural
Environment Lake,Round Lake(#27-71W). The addition must comply with the Eden Prairie
shoreland ordinance.
2. There appear to be no FEMA designated floodplains on the site.
3. There are no DNR Protected Waters on the site. Consequently, a DNR Permit will not be
needed for the project.
4. There may be other wetlands on the site that are not under DNR Public Waters Permit
jurisdiction. You should be aware that your project may be subject to federal and local
wetland regulations. The Department may provide additional comments on your project
through our review of applications submitted under these other regulatory programs.
5. We would like to commend the School District for planning a multi-celled stormwater
treatment pond that will also be used to study aquatic ecology. The pond will protect Round
Lake from sedimentation and water level fluctuations that would be detrimental to wildlife,
aesthetics and water quality in Round Lake: The students will also have a first-hand
opportunity to evaluate the impact of stormwater runoff on aquatic habitats.
V.$ IS
AN EQUAL OPPORTUNITY EMPLOYER
Mr. Mike Franzen
December 1, 1995
Page 2
6. The following comments are general and apply to all proposed developments:
a. Appropriate erosion control measures should be taken during the construction period.
The measures described in "Protecting Water Quality in Urban Areas - Best
Management Practices for Minnesota," MPCA, October 1989, or their equivalent,
should be followed.
b. If construction involves dewatering in excess of 10,000 gallons per day or 1 million
gallons per year, the contractor will need to obtain a DNR appropriations permit.
You are advised that it typically takes approximately 60 days to process the permit
application.
c. The contractor for construction activities that disturb more than five acres of land
must apply for a stormwater permit from the Minnesota Pollution Control Agency
(Dan Sullivan @ 296-7023).
d. The comments in this letter address DNR-Division of Waters jurisdictional matters
and concerns. These comments should not be construed as DNR support or lack
thereof for a particular project.
Thank you for the opportunity to comment. Please contact Area Hydrologist Ceil Strauss or me at
772-7910 should you have any questions regarding these comments.
Sincerely,
Joe Richter
Hydrologist
JRjh/cds
c: Ali Durgunoglu,Hennepin Conservation District
Robert C. Obermeyer, Riley-Purgatory-Bluff Creek WSD
City of Eden Prairie General File
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1-16-96
SECTION: PUBLIC HEARINGS
ITEM NO. V,C,
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger SUNNYBROOK WOODS
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt an Ordinance for Zoning District Change from Rural to R1-13.5 on 4.0 acres;
• Approve a Resolution for Preliminary Plat of 4.0 acres into 7 lots and one outlot;
Background:
The Planning Commission voted unanimously to approve the Sunnybrook Woods rezoning and plat request
at the December 11, 1995 meeting.
Supporting Reports:
1. Resolution for Preliminary Plat
2. Planning Commission Unapproved Minutes of December 11, 1995
3. Staff Report dated December 8, 1995
4. Correspondence
v.C. t
SUNNYBROOK WOODS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SUNNYBROOK WOODS FOR STEPHEN J.KROISS
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of Sunnybrook Woods for Stephen J. Kroiss dated January 5, 1996,
consisting of 4.0 acres into 7 lots and one outlot, a copy of which is on file at the City Hall, is found
to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 16th day of January, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
V.C.2-
PLANNING COMMISSION MINUTES
December 11, 1995
Page 3
B. SUNNYBROOK WOODS by Stephen J. Kroiss. Request for Zoning District
Change from Rural to R1-13.5 on 4.0 acres and Preliminary Plat of 4.0 acres into 7
lots and one outlot. Location:North side of Sunnybrook Road.
Steven Kroiss and Beth Andrews reviewed the project. Kroiss stated the lots were
large and they had improved the amount of tree preservation over previous plans. He
described the open space,and stated that a Homeowners Association will be formed
to assume responsibility for the care of those open spaces. They agreed with the staff
recommendations for the development. He suggested that a conservation easement
be placed along the north edge of the site to prevent that area being disturbed.
Ismail inquired about the prices of the homes and Andrews responded that they
would be between$275,000 and$350,000. Ismail inquired about the monument at
the entrance to the development and Andrews responded they planned to construct
a modest monument to denote the entrance.
Franzen gave the staff report and stated that staff recommended approval of the
project with the inclusion of the conservation easement as proposed by the
proponents.
The Public Hearing was opened.
Lee Smith, 12500 Sunnybrook,stated that the trees in this area were a mess,and not
the most desirable trees for preservation. These trees are the types that host diseases
which infect healthy hardwood trees. Cottonwoods and box elder trees shadow the
hardwoods so they don't get a good start. She was supportive of the project.
Libby Hargrove, Sunnybrook Road, inquired about the water runoff from the
development. Andrews responded that the ravine runs adjacent to this property and
the Post property. Runoff will go into the NURP pond and drainage plans have been
revised to facilitate this.
Jerry Wersel, 12645 Sunnybrook Road,stated he was concerned about access from
the project onto Sunnybrook Road, and inquired if any wetland would be lost.
Andrews responded that one lot would face Sunnybrook Road and the rest would
access internally. Al Gray stated that the plans for Sunnybrook Road provide for a
drainage system that will have an outlet into Purgatory Creek. This drainage project
is scheduled for construction in the spring, if this proposal is approved by the
Planning Commission and City Council.
MOTION: Foote moved,Wissner seconded to close the Public Hearing. Motion
carried 6-0.
MOTION:Foote moved,Wissner seconded to recommend approval of Sunnybrook
Woods for Stephen Kroiss and Beth Andrews for Zoning District Change from Rural
to R1-13.5 on 4.0 subject to the stipulations listed in the Staff Report dated
December 8, 1995. Motion carried 6-0.
MOTION: Foote moved, Wissner seconded, to recommend approval of the
Preliminary Plat of 4.0 acres into 7 lots and one outlot subject to the stipulations
listed in the Staff Report dated December 8, 1995. Motion carried 6-0.
V-C,
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: December 8, 1995
SUBJECT: Sunnybrook Woods
APPLICANT/
FEE OWNER: Stephen J. Kroiss
LOCATION: North side of Sunnybrook Road
REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 4.0 acres
2. Preliminary Plat of 4.0 acres into 7 lots and one outlot
1
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Staff Report
Sunnybrook Woods
December 8, 1995
BACKGROUND
This property is the eastern half of the project known as Knob Hill. The developer withdrew the
project after the Public Hearing at the Planning Commission and did not proceed forward with
a modified plan.
SITE PLAN
The site plan shows the subdivision of 4 acres into 7 lots at a density of 1.75 units per acre. All
of the lots meet the minimum lot size requirements of the R1-13.5 Zoning District. These
requirements are a 13,500 sq. ft. minimum lot size, 85 feet of street frontage on the straight-away
and 55 feet of frontage on the cul-de-sac.
GRADING AND TREE LOSS
There is a total of 1,050 inches of significant trees on the property (72 trees). City code defines
a significant tree as a hardwood tree of at least 12 inches in diameter. Boxelders, elms and
ornamental trees are not listed as significant trees, regardless of the size. A significant conifer
tree is greater than 8 inches in diameter.
Tree loss is calculated at 42% (30 trees) or 440 inches. Tree replacement is 246 inches.
There are two ways to evaluate tree loss:
1. Approved densities in wooded areas are between 1.5 to 1.75 units per acre. The density
of this project is 1.75 units per acre. Removing one lot would reduce tree loss to 30%.
Thirty percent is the average tree loss in residential subdivisions.
2. Consider a 42% tree loss and tree replacement for 246 inches acceptable based for the
following reasons:
• This is an isolated, small, two acre wooded area.
• Small subdivisions typically have higher tree loss because there is less room for
flexibility in road and house locations.
2
V.0
Staff Report
Sunnybrook Woods
December 8, 1995
• The storage and treatment pond is designed to accommodate a larger drainage area
than this property which reduces the amount of level open area where homes
could be built.
• Reducing the number of lots by 1 would reduce the density to 1.5 units per acre,
which would be lower than the 2 unit per acre average of the surrounding area.
• Seven additional trees would have to be saved to reduce tree loss to 30%.
• There is a considerable amount of forest vegetation that can be preserved in the
rear yards through conservation easements.
UTILITIES
Utilities are available in Sunnybrook Road. The project provides a treatment pond.
STAFF RECOMMENDATION
The Community Development Staff would recommend approval of the Rezoning from Rural to
R1-13.5 and Preliminary Plat of 4 acres into 7 lots and 1 outlot based on plans dated December
8, 1995 and subject to the recommendations of the Staff Report dated December 8, 1995 and
subject to the following conditions:
I. Prior to City Council Review, the proponent shall:
A. Submit a tree replacement plan for 246 caliper inches for review and approval by
the City Planner and City Forester.
II. Prior to final plat approval, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review
and approval by the City Engineer.
B. Submit detailed storm water runoff, utility and erosion control plans for review
and approval by the Watershed District.
3
U. 0
Staff Report
Sunnybrook Woods
December 8, 1995
III. Prior to building permit issuance, the proponent shall:
A. Submit final plans for review by the Fire Marshal.
B. Pay the appropriate cash park fee.
IV. Prior to any grading or tree cutting, the proponent shall stake the proposed construction
limits with snow fencing and notify the City 48 hours in advance of construction so that
fencing may be inspected.
4
V,C 0
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Post Construction, Inc.
Designers and Builders of Fine Custom Homes
To: Honorable Mayor, City Council, and Planning Commission
From: Barry Post and John Brian Post
Subject: Proposed Sunnybrook Woods by Steve Kroiss
Date: December 8, 1995
Notwithstanding the fact that the 12/8/95 Planning Staff Report, authored by
Michael D. Franzen, recommended approval of rezoning the subject property for
development of seven (7) lots when significant tree loss has been calculated at 42%,
Post Construction clearly opposes this recommendation for the following reasons:
1. Kroiss could easily develop the subject property into a six (6) lot development
(rather than 7 lots) - saving these precious trees and significant wildlife.
2. To approve rezoning and to remove nearly half of the significant trees (and
literally hundreds of smaller significant trees) on a small property for the sole
financial benefit to Steven J. Kroiss or any other developer is clearly wrong.
3. The City's normal position for tree replacement is approximately 30% maximum
- The Kroiss company should operate within the limits of all other developers
and reduce the plan to 6 lots and tree loss of<=30%. _
4. Earlier this year Knob Hill Homes were denied approval of a proposed 14 lot
development (7 lots each on the subject property and 7 proposed on the westerly
property now owned by Post) but were denied. Additionally, The City
recommended that Knob Hill should reduce the lots to 12 (approx. 6 per
property, due to significant tree loss) and reduce tree loss to 30% (see 6/9/95
planning report. Now the City is recommending 42%+ tree loss on the same
property? Why?
5. Last summer, Mike Franzen advised John and Barry Post that even if we
combined our other two adjacent properties, we probably could not use the
combination of the three properties for calculation of tree loss/replacement and
even if we could Post would have to meet the 30% rule normally enforced by the
City. Please note that Alan Gray also attended this meeting. This discussion
prompted a call from Barry to City Attorney Roger Pauly who said it may be
possible to combine properties, if they were proposed on 1 preliminary plat, but
that Post would have to adhere to all other rules of tree loss - primarily the tree
ordinance dated 4/26/90 (which as we understood it as normally <=30%). Why?
8911 York Circle * Bloomington, Minnesota 55431 * Phone (612) 941-7980
6. Last year Post Construction was forced to adhere to all rules, which resulted in
approval of 5 lots when we were proposing 7, for development for its property at
12381 Sunnybrook Road located directly adjacent to the proposed development,
when the City had no ordinance regarding wetland fill but still denied the plan -
why? Anyway, we expect that all City rules should apply to ANY developers
within Eden Prairie - In fact, this time we're demanding it and need your
support!
7. The 42% tree loss was actually calculated at about 65% last week until Kroiss
paid a tree consultant (COOK) who determined that 31 trees - Ash, Basswood,
Black Cherry, and Colorado Blue Spruce Trees, for a total of 519 caliper inches,
should be removed from the tree count. City Forester (Stewart ?) advised me on
12/8 that he only conducted a 90 minute on site comparison and DID NOT
actually measure or even look at all of these trees. Why?
8. We have several Planning Staff reports, from 1994 & 1995 recommending a
maximum of 30% loss for similar projects (including this exact property - see 6-
9-95 - staff report regarding Knob Hill Estates) - so why should the Kroiss plan
be recommended for 7 lots at 42%+ loss?
Please note that this is NOT a density issue (since one could argue that 6 lots would
be a low 1.56 units per acre) but this is a tree loss issue in that 42% (and probably
more) of the significant trees may be eliminated for the sole financial benefit of one
developer. Something is wrong here and must be rectified ASAP. Allow me to do
the math...42% tree loss is actually 40% greater than the City's average of 30% tree
loss. Why did this plan receive City an 12/8 recommendation for 42% loss when
30% maximum was recommended in 6/95 - especially when the plan could omit lot
#2 saving more trees and wildlife while still providing a unique 6 lot R1-13.5? A six
(6) lot plan was not even a recommendation by the planning department-why?
Furthermore, the 42% tree loss calculation,which we believe is an estimate only and
really is higher, could possibly be 50-65%. The report shows 42% loss because
some decisions were made regarding "diseased" or "leaners" which drastically
reduced the count which was around 65%. This concerns us because The Eden
Prairie Forester(Stewart ?) advised Barry Post on 12/8/95 that only a few trees were
actually measures or verified as diseased or leaning - NOT an actual "tree for tree"
comparison. The trees on this property are much more important than the quick 90
minute verification and warrants an exact count. We are very confident that if a
complete evaluation was conducted the amount of tree loss would surely be higher
than 42% (probably more like 50-65%). Attached is the "subjective" report from
COOK Company, who was paid by Kroiss, which resulted in lowering the actual
tree loss.
Lastly, the 12/8/95 Staff Report reports a total of 1,050 significant inches of trees are
on the property. Question -were the referenced 519 inches of"diseased or leaning"
trees removed from the total to obtain the 1050 total inch number or simply
removed from the 1050 number? Either calculation significantly lowers the actual
calculation - which is clearly wrong until completely verified - especially since some
of these trees are 30+ years old! However, we expect the City to deny this project
because the lower and incorrect "estimated" value of 42% tree loss is much too high
for such a small project (40% higher than the average), and six lots is an obviousl
option.
Please call me ASAP to arrange a visit to the property so that I can personally show
you this site.
Please note that neither of us will be able to attend the 12/11/95 meeting due to an
out of town meeting that day and do not want our absence to be confused with a
"don't care attitude" -which is the reason for this letter.
Please call either of us with any questions.
Sincerely,
C� r
Barry Post John Brian Post
612-941-4761 612-895-6197 (home)
CC: Sunnybrook residents
Knob Hill Homes
Attachments
Vie oq
City of Eden Prairie
City Offices Galen
8080 Mitchell Road • Eden Prairie, MN 55344-2230 prairie
Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390
December 11, 1995
Barry Post
John Brian Post
8911 York Circle
Bloomington, MN 55431
SUBJECT: City Staff Response to Your Letter of December 8, 1995
Regarding Proposed Sunnybrook Woods
The following is a point by point response to the items listed in your letter of December 8, 1995.
1. Developing the property with six lots would preserve more trees.
2. Approval of development of the property benefits more than the developer. Development
of the property consistent with City codes contributes to the tax base and provides
additional housing choices for future residents. There are smaller trees that are removed
as part of the project, but it is important to note that approximately one acre of the two
acre woods will be left undisturbed.
3. The City code does not state a maximum amount of permissible tree loss. A 30% tree
loss is the average tree loss for residential subdivisions reviewed since the adoption of the
tree ordinance in 1990. I have indicated to you before that the City has approved higher
tree loss for other projects. The Mitchell Lake Big Woods (35%) project was approved
at a density of 1.33 units per acre in the heavily wooded portion of the property and a
density of 2 units per acre in the partially wooded portion of the property. Bearpath
(35%) was approved at a density of 1 unit for every 1.5 acres. Approximately 200 acres
of land was left in permanent open space and substantial stands of non-significant trees
were left undisturbed along the golf course.
4. The City did not deny the Knob Hill project. The developer withdrew the project after
a discussion at the Planning Commission. The proposed subdivision was 16 lots, not 14
and the density of the project was 2.29 units per acre. The staff recommendation on
Knob Hill was to reduce the number of lots by at least 2. The Developer did not revise
any plans for the second Planning Commission meeting, therefore consideration of any
tree loss in excess of 30% did not occur. The reason for recommending fewer lots was
a 73% high tree loss and a density of 2.29 units per acre. Sunnybrook Woods is 1/2 unit
acre less dense than Knob Hill and is a main reason why tree loss is 42%.
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5. I indicated that properties could be combined for tree loss calculation if they were
contiguous. As I recall, you wished to combine your property on the south side of the
road with the Knob Hill property that you were trying to purchase. Even if the Planning
Commission and City Council determined that the properties could be combined for
averaging tree loss, I indicated that there was not enough significant trees on the property
on the south side of Sunnybrook Road that would help substantially reduce the overall
tree loss.
6. The City did not deny your project for seven lots on the south side of Sunnybrook Road.
The City approved a five lot subdivision. The five lot subdivision was approved so that
there would.be enough room for construction of a treatment pond, no wetland fill or if
wetland fill was necessary that mitigation could be accommodated on site. The City also
considered that the 7 lot density was higher than other densities in the surrounding area.
7. The consultant for the developer submitted a tree analysis that indicated that 31 trees
should be removed from the tree count. Stuart Fox, City Forester, has indicated that only
7 trees would be considered as dead trees. The remaining 24 trees were included in the
calculation of tree loss and tree savings.
8. The City has approved many projects with greater than 30% tree loss. The 30%tree loss
represents a statistical average and is not an ordinance or development policy of the City.
When the City reviews tree loss, the City evaluates the impact of the development on the
property in terms of the placement of roads and units. If the density of the Sunnybrook
Woods project was the same as Knob Hill, (2.28 units per acre) with the 42% tree loss,
the staff would recommend lowering the density not just to save additional trees, but to
also be compatible with adjoining densities in the area.
9. Density and tree loss are related issues.
10. The 42% tree less calculation is an accurate estimate. The City requires that the
developers locate by survey on a development plan all trees on the property. The City
evaluates tree loss based upon trees that are physically lost due to construction for the
road, grading, and house pads and construction practices. The estimate for house pads
is 5 to 6,000 sq. ft. which is approximately 20% larger than what the actual footprint
would be.
11. No leaning trees were given credit. The City staff believes that the tree inventory and the
estimated tree loss is accurate.
Sincerely yours,
or
Michael D. Franzen
City Planner
MEMORANDUM
TO: Mayor and City Council
Planning Commission
Parks, Recreation and Natural Resources Commission
THROUGH: Mike Franzen, Planning Director
Bob Lambert, Parks, Recreation and Facilities
FROM: Stuart A. Fox, Manager of Parks and Natural Resources
DATE: December 11, 1995
SUBJECT: Response to Memo by Post Construction, Inc. (Barry Post and John Brian Post)
Staff would like to take some time to respond to the issues raised in the December 8, 1995 Barry
Post memo related to the proposed Sunnybrook Woods project by Steven Kroiss. In the memo
the Post's raise a number of issues and request clarification as to the staffs positions related to
this project. To clarify a few of these the staff would respond as follows:
GENERAL RESPONSE TO TREE ISSUES:
The general responsibility of each developer who submits a plan for review with the City is to
provide a tree inventory as part of the submittal information.
• The developer is responsible for providing an accurate tree inventory at the time of
project submission. The developer is to detail the size, specie, and location of all
deciduous trees over 12 inches in diameter and all coniferous trees over 8 inches in
diameter.
• With the tree inventory notes as to the general health of the trees should be included.
If there are specific disease problems or dead or severely dying trees are observed, these
also should be included in the general health notes.
• The tree inventory information is then transposed over the top of the proposed
development. This overlay would include the existing and proposed grading plan, the
proposed location of house pads, sidewalk and retaining walls, as well as roadway and
other miscellaneous utilities.
STAFF RESPONSIBILITY TOWARD TREE INVENTORY PLANS:
• The staff upon receiving an inventory will usually field check it for accuracy. A field
check will include spot-checking species and diameters to see if they are indeed
accurately recorded and generally counting the number of trees that the developer states
are on the project property.
• If any special information is included as to the health or other concerns these are field
checked for accuracy.
• Once this information is confirmed, the staff then will proceed with calculation of the
average tree loss expected on the specific proposed site.
AMOUNT OF TREE LOSS ACCEPTABLE WITHIN A DEVELOPED AREA:
• Generally most development projects within woodland areas have resulted in a 30 to 35%
tree loss. (That is the number of significant trees over 12 inches in diameter that would
be lost related to construction activities.) When looking at a site that is wooded, the staff
has found typically 15% of the trees lost to development occurs due to road and utility
construction. The remaining 15% lost due to the construction of the home site and yard
area.
• Is 30-35% the magic number? The staff has used 30-35% as a general guide because
that seems to be the place where an average amount of tree loss takes place in this city.
Sometimes this number can go up and down depending density of the trees within the
woodland. It can get much higher if only a few very significant trees are located in the
center of the property with no site change ability (i.e., commercial/industrial
development).
• Is tree loss the sole determining factor as to whether or not a project is suitable for a
given site?
•
While tree loss is one of the various factors, issues such as density, zoning, compatibility
with adjoining land uses, amenity construction such as roadways, storm sewer, water,
and sanitary sewer. All these factors must be examined in determining the suitability of
any given project.
TREE LOSS ISSUES SPECIFIC TO THE SUNNYBROOK WOODS PROPOSAL:
In the letter, Mr. Post indicated that there seems to be some difference between the calculations
for Knob Hill Estates submitted for consideration in May of 1995 as compared to the current
Sunnybrook Woods calculations. The staff would like to clarify a number of issues in regards
to those questions.
1. The original application for Knob Hill Estates did not include a tree inventory at the time
of submission. The staff requested that a tree inventory be done based on a site visit that
indicated that there were significant trees present.
2. Knob Hill Estates covered approximately 7 acres in size as opposed to the current 4-acre
submission.
U.C.lg
3. No general health information was included with the Knob Hill Estates tree inventory.
4. When you compare the two projects, Knob Hills Estate had a roadway going through the
woods including an enlarged road bubble to service additional lots. The Sunnybrook
Woods project has a road with cul-de-sacs terminating approximately 70 feet into the
woodland area.
5. The use of a consulting forester is something that the City staff recommends frequently
to land developers. It is a way of having them utilize consulting companies similar to
engineering services to make sure that the tree issues on their site get proper attention.
The use of consulting foresters has been used on numerous large projects to not only help
develop the original site plans, but also in ensuring that the tree loss during construction
is held to the agreed upon level. The information submitted by Steven Cook shows that
a number of the trees have some basal rot in them; however, staff did not give 100%
credit for all the trees showing defects.
GENERAL CONCLUSIONS:
The staff did visit the site on three different occasions, one at the beginning of the Knob Hills
Estate submission. The second visit was early in the submission process of the Sunnybrook
Woods development and the third time to double check the trees indicated as having defects by
Steve Cook. The total amount of time spent on this site was sufficient to make sure that the
information was accurate; however, a tree by tree check was not done. It is very common for
projects having trees on them to be checked in this fashion and the general site visit often will
tell whether or not the original data submitted was accurate or needs to be checked closer. The
staff realizes that this 2-acre wood lot is very significant. Several deer were observed in the
woodland area and in the fields surrounding this piece of property. The staff does feel that the
tree issue on this piece of property is significant and needs thorough discussion. The staff met
at least three times with the proposed developers to discuss the specific concerns about tree loss
on this site. The 42% tree loss is somewhat higher than most single family developments have
been. The issue in this particular project is whether or not removing a lot to save seven
additional trees to reach an average tree loss is a significant compromise or not. This is the
issue that will have to be addressed by the Parks, Recreation and Natural Resources
Commission, the Planning Commission, and the City Council.
SAF:mdd
PostCon
MEMORANDUM
TO: Parks, Recreation and Natural Resources Commission
THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities
FROM: Stuart A. Fox inager of Parks and Natural Resources
DATE: December 13, 1995
SUBJECT: Supplemental Staff Report to the Community Development Staff Report Dated
December 8, 1995 for Sunnybrook Woods
This proposed subdivision is located on Sunnybrook Road approximately 500 feet west of
Homeward Hills Road. The site is 4 acres in size and the proposed rezoning is for single family
residential. A total of seven lots are requested at a density of 1.75 units per acre. The lots
range in size from the smallest at 13,500 square feet to the largest being 23,347 square feet.
ISSUES:
Natural Resources/Tree Preservation
While the total acreage for the site is 4 acres, the wooded portion is approximately 2 acres in
size. The staff has reviewed the tree inventory and found there to be a total of 72 significant
trees on the site with a total of 1,050 diameter inches. The main overstory of this woods is
basswood, green ash, red elm, red oak, and bur oak. The understory includes some small mixed
oak, black cherry, hackberry, and European buckthorn.
Based on the submitted grading plan, the loss of trees due to construction is estimated at 30 trees
with a total of 440 diameter inches. This translates into a tree loss of 42%. One side note
regarding the calculation of trees lost on this site is that it does not include 14 trees at a total of
228 diameter inches that were found to be trees in poor health. These 14 trees were found due
to the work of a consulting forester, Steve Cook of Cook Company Consulting, and the results
were verified by staff in the field.
Attached is a memo that goes into greater detail responding to some concerns raised by Barry
Post regarding the tree loss issues on this proposed development.
The staff report prepared by Michael Franzen, City Planner, outlines in the "Grading and Tree
Loss" section that there are two ways of evaluating the tree loss on this site. One would be to
hold the line as previous projects to try and keep tree loss on residential property somewhere
between 30 and 35%. In order to do this one lot would have to be removed thereby reducing
the number of trees lost and would result in a tree loss somewhere in the low 30% range. The
other option is to take a look at the woods as is with a 42% loss and say that it is acceptable due
to the following reasons:
U.c. t0
• This wood lot is relatively small - 2 acres in size.
• The wood lot has been overrun in the past by Dutch elm disease and the result of
removal of those trees has impacted the health of the remaining trees. This is evident
by the broken tops and trunk scarring due to diseased tree removal.
• The need for a NURP pond makes it difficult to change the configuration of the
remaining lots.
• Reduction in the number of lots would result in a very low density of two units per acre
as opposed to the density of 1.5 units per acre in the neighborhood immediately east of
this proposed project.
• The location of the cul-de-sac mainly impacting three lots gives greater flexibility in
location of the houses and does result in preservation of the wooded character of the rear
portion of the lots.
Based on the proposed plan and tree loss of 440 inches, the tree replacement requirement would
be 246 caliper inches of landscape trees. The staff has discussed this number with the
developers and they feel comfortable in providing a landscape plan that meets that number. A
fair amount of landscape plantings would be in the outlot on the east side of the proposed
roadway to provide screening and buffering from the adjacent neighborhood. Additional trees
would be planted in the now open areas to start some tree cover on the rear portions of the
proposed lots and to encompass the NURP pond. The staff would recommend that the landscape
plan include trees similar in species to the existing wood lot; namely, basswood/linden, oak,
hackberry, ash, and coniferous trees such as Colorado spruce or Black Hills spruce.
The developer has also expressed agreement with the establishment of a scenic/conservation
easement over the rear portions of the four lots that have trees. The desired easement would
be somewhere between 20 and 25 feet off the proposed rear of the building pads. This is very
similar to what was implemented in the housing projects in the Mitchell Lakes Big Woods. This
would result in use of exclusionary fencing at the time of grading to prevent unnecessary cut or
fills in areas where the trees are slated for preservation.
Wetland Impact and Storm Water Treatment
This plan utilizes a NURP pond to treat water from the lots as well as the hard surface runoff
associated with the roadway. The pond has been reviewed by the City Engineering Department
and is large enough the meet the runoff requirements of this project, as well as some adjacent
property. The water would be collected in the NURP pond and discharge would go through a
series of pipes to the south and eventually be discharged into Purgatory Creek.
The developer is required to follow all Watershed District regulations and to submit a detailed
grading plan to the Engineering Department prior to final plat approval.
Sidewalks/Trails
The staff is recommending that a 5' wide concrete sidewalk be constructed along the northerly
side of Sunnybrook Road. This would be done at the time of construction and would connect
to the existing trail that ends at the easterly property line. This sidewalk would maintain the 5'
U.0 21
grass median from the back of curb on Sunnybrook Road and be 1' off the road right-of-way
edge. Curb cuts would be necessary at the east and west side of the proposed roadway to
eliminate curb barriers that impede pedestrian bicycle traffic.
RECOMMENDATION:
This project was reviewed by the Planning Commission at its December 11, 1995 meeting and
passed on 6-0 vote. The vote taken did not change any of the staff recommendations as listed.
The staff would recommend that the Commission evaluate the project based on the merits of the
tree loss issues and consider the pros and cons of six versus seven lots in this proposed
subdivision. The staff does recognize that as more and more infill projects of this type are
reviewed, the tree loss may be higher than normal. We may need to take a look at extenuating
circumstances or explain the reasons as to why the tree loss is higher.
The staff is comfortable recommending approval of the project as proposed with the stipulations
exclusionary fence be placed and remain intact throughout the entire time the lots are under
construction. The scenic and conservation lines be established in the woods utilizing boundary
stakes and these clearly be identified. The scenic conservation easement be filed prior to final
sale of any of these lots, so it is clearly established at the time of sale of the lot or at the time
of home construction.
SAF:mdd
SunnyB/Stuart
\LC.22
")
EDEN PRAIRIE PARKS, RECREATION
& NATURAL RESOURCES COMMISSION V9
December 18, 1995 (?I'JAK14
�
Page 6 NA%/V
means of acquiring more student parking area. Polare responded that there was
no space left for additional parking except using the area allocated for athletic
fields.
Steve Thompson stated that student parking at the high school will never be done
on a 1:1 ratio as not all students will be driving to school. Alternatives will be
implemented, such as more bussing, car-pooling, etc. They don't feel that they
need a contingency plan as they have looked at the site and feel that it is the best
plan possible given the area they have to work with at this time.
Bowman commented he was concerned about the cost of fencing if it was needed
and he would like to see the school district pay the costs. Lambert stated that
they will see what sort of problems develop and decide what measures to take at
that time. They may have to construct a fence as high as twelve feet for part of
the length. The City and the school district have been partners in this
development and they will share any appropriate costs that may occur down the
road.
MOTION: Jacobson moved, seconded by Hilgeman to recommend approval of
the Eden Prairie High School expansion as per the Staff Report dated 12/12/95.
Motion carried unanimously.
C. Sunnybrook Woods
Steven Kroiss and Beth Andrews were present as proponents of the development.
Fox reviewed the staff report and noted that they found fourteen basswood trees
with basal rot which were not counted against the developer, and as a result 228
caliper inches were removed from the initial report. The NURP pond as proposed
would handle some overland drainage from adjacent properties as well as from
this development.
Koenig inquired what Outlot A was and Fox responded it was a strip of land
along the exit road which lies between the existing single family residential
properties to the east and it will be planted with evergreens for screening.
Andrews described the trees which would be lost and what they would be replaced
with, and noted they are close to replacing exactly what they will be taking out.
Hilgeman stated she did not consider distressed trees as being deducted because
they are not significant trees by definition in the ordinance. She was very
concerned about the number of trees that were being lost due to grading and
construction with this development. She inquired what the visual impact would
be for this development and Fox responded that it would not be any more than in
the Big Woods development. Hilgeman inquired if the project were reduced one
lot if that would decrease the amount of tree loss and Fox responded that it could
be done but would not save that many more trees.
v C, 23
EDEN PRAIRIE PARKS, RECREATION
& NATURAL RESOURCES COMMISSION
December 18, 1995
Page 7
Koenig inquired why the NURP pond was so much larger than needed for this
project and Andrews responded that they are being required to handle storm water
runoff from the property to the north. They have reduced the amount of tree loss
by making the northerly lots larger in size. They have had adjacent homeowners
request that they clean up the woods and remove the diseased trees and their
healthy trees are becoming diseased from this area.
Bowman commented that he would like to see a plan that fell within the
guidelines in the ordinance, as he thought the tree loss was too extensive. Brown
commented that he had walked the site and saw a few trees that were tagged but
none of them were in the woods. He asked if the foresters report from the
developers had been verified by staff, and Fox responded that he had spot checked
the site with the report and found it to be accurate. Brown commented that if the
City has held other developers accountable for tree preservation then this
developer should be held accountable also and be required to adhere to the
standards.
Fox stated that there are other projects that have had tree loss as high as 65% and
this is not the only development to fall into that range. Hilgeman stated that it
was a matter of personal perception and she believed that this amount of tree loss
would create a huge visual impact from adjacent properties. Koenig asked about
the conservation easement and Fox responded that it would be the same as that
in the Big Woods development. Koenig inquired how many more projects with
extensive tree loss would they see in the future, and Fox responded that many
more because as assessments were levied for improvements many landowners
were selling their land to be developed to cover those costs.
Lambert stated that reduction of the lots was possible but he doubted it was
economically feasible for the developers to do this. If all the property owners in
the area got together and created a large development they could make better use
of the land and save more trees, but property owners cannot be dictated to as to
how or when their land is developed. He commented that large developments
may be better from a tree loss standpoint, but it may not be the best timing for the
property owner. Every property owner has the right to develop their property, and
staff has worked with this property owner for over a month and is supportive of
the proposed plans. The lots in the woods are a half acre in size. Expecting them
to eliminate another lot may not be reasonable.
MOTION: Brown moved, Koenig seconded to recommend approval of the
Sunnybrook Woods development as per the staff report dated 12/8/95 and the
supplemental staff report dated 12/12/95, with the request that the applicants
consider planting more trees than they are required to by the ordinance. Motion
carried 4-2. Commissioners Bowman and Hilgeman voted no.
VI. OLD BUSINESS
DATE: 01/16/95
EDEN PRAIRIE CITY COUNCIL AGENDA
TTEM NO: VD
SECTION: Public Hearing
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Vacation 96-01: Vacation of Drainage and Utility Easements over part of
David Olson Lot 1, Block 1, Riverview Heights 2nd Addition
Recommended Action:
Staff recommends that the City Council take the following action:
Adopt the resolution vacating drainage and utility easements over part of Lot 1, Block
1, Riverview Heights 2nd Addition (formerly Lot 7, Block 1, Riverview Heights).
Overview:
The applicant has requested vacation of a portion of drainage and utility easements described in
the resolution to increase the buildable area of the property. A scenic/conservation easement
also existing on this lot is not affected or encroached on by this request. The easement area
requested for vacation is not subject to inundation or nedded for any existing or future utility
purpose.
Supporting Information:
Vacation drawing
DLO:ssa
Dsk:Vac.96-01
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS
ON LOT 1, BLOCK 1, RIVERVIEW HEIGHTS 2ND ADDITION
(VAC 96-01)
WHEREAS, the City of Eden Prairie have certain drainage and utility easements described therein as follows:
That part of the drainage and utility easements as platted on Lot 1, Block 1, Riverview Heights 2nd Addition,
formally platted as Lot 7, Block 1, Riverview Heights recorded in Hennepin County, Minnesota described as
follows:
The drainage and utility easements on Lot 7, Block 1, as dedicated in the plat of Riverview Heights, and
The drainage and utility easements on Lot 1, Block 1, as dedicated in the plat of Riverview Heights 2nd Addition,
Except, reserving an easement for drainage and utility purposes over, under and across said Lot 1, Block 1,
described as follows:
The Northeasterly 10 feet;
The Westerly 10 feet;
That part of said Lot 1, Block 1, lying south of the following described line:
Beginning at a point on the west line of said Lot 1 distant 48.06 feet north of the southwest corner
of said Lot 1; thence South 80 degrees 58 minutes 00 seconds East 136.00 feet; thence South 76
degrees 17 minutes 00 seconds East 180.05 feet and there terminating.
Bearings are oriented to the plat of Riverview Heights 2nd Addition.
WHEREAS, a public hearing was held on January 16, 1996 after due notice was published and posted as required
by law;
WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no
interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said drainage and utility easements as above described are hereby vacated.
2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A.
412.851.
ADOPTED by the Eden Prairie City Council on January 16, 1996.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
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DATE:
mt5adart CITY COUNCIL AGENDA JANUARY 16, 1996
prairie SECTION:
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
FINANCE PAYMENT OF CLAIMS VI
CHECKS NUMBER 37729 THRU 38019
Action/Direction:
1 II-I
JANUARY 16, 1996 VI
37729 SUSAN AGNEW REFUND-SKI TRIP. 31 .00
37730 SUE BENNETT REFUND-ICE SHOW. 42.00
37731 JOSEPH BERRY REFUND-SKI TRIP. 62.00
37732 SHAWNA CHENEY REFUND-ADULT SKATING LESSONS. 40.00
37733 MARTA CODY REFUND-YOUTH SKI TRIP. 31 .00
37734 JODY EBERT REFUND-SWIMMING LESSONS. 15.00
37735 JULIE HAFNER REFUND-SKATING LESSONS. 50.00
37736 MRS KERBER REFUND-SKATING LESSONS. 50.00
37737 MARY KERNS REFUND-YOUTH SKI TRIP. 31 .00
37738 JILL LAURENT REFUND-SKATING LESSONS. 100.00
37739 LEORA MARSHALL REFUND-SWIMMING LESSONS. 21 .00
37740 CB COMMERCIAL REFUND-STORM DRAINAGE AT 7765 GOLDEN 217.04
TRIANGLE DR.
37741 CHRIS COTTON REIMBURSE FOR CHRISTMAS PARTY GRILLING 18.07
SUPPLIES.
37742 VOID OUT CHECK 0.00
37743 LAURIE HELLING MILEAGE-PARK AND REC/REIMBURSE FOR MUSEUM 49.88
ADMISSION.
37744 SUE LANE REIMBURSE FOR HOLIDAY PARTY SUPPLIES. 16.90
37745 TRIA MANN MILEAGE-ADAPTIVE REC. 90. 16
37746 JASON-NORTHCO L P #1 JANUARY RENT-LIQUOR STORE I. 5292.00
37747 STATE OF MINNESOTA IRB APPLICATION DEPOSIT-REIMBURSEMENT 15500.00
RECEIVED.
37748 STATE OF MINNESOTA IRB APPLICATION FEE-REIMBURSEMENT 320.00
RECEIVED.
37749 MN DEPT OF PUBLIC SAFETY MN HAZARDOUS MATERIALS INCIDENT RESPONSE 300.00
FEES AND CHEMICAL INVENTORY FEES.
37750 UNIVERSITY OF MINNESOTA CONFERENCE EXPENSE-EFFECTIVE LEADERSHIP 40.00
FOR PUBLIC WORKS PROVIDERS.
37751 GARRETT SMELTZER MILEAGE-COMMUNITY CENTER. 42.70
37752 SUPPLEES 7 HI ENTER INC JANUARY RENT-LIQUOR STORE II. 5159.22
37753 MARC THIELMAN PHONE REIMBURSEMENT-DEC 20TH 95. 26.03
37754 U S POSTMASTER POSTAGE FOR OUTDOOR CENTER PROGRAMS 152.28
BROCHURE-PERMIT #241 .
37755 TONY HANSON REFUND SOFTBALL FEE. 200.00
37756 MN STATE TREASURER-ST BUILDING IN SEPT BUILDING PERMIT SURCHARGES. 5758.33
37757 METROPOLITIAN COUNCIL WASTEWATER SEPT SAC CHARGES. 94248.00
37758 TARGET CENTER TICKETS-FEES PAID. 280.00
37759 UNIVERSITY OF MINNESOTA SEMINAR BUILDING INSPECTORS. 1327.00
37760 BELLBOY CORPORATION LIQUOR. 1450.71
37761 EAGLE WINE CO LIQUOR. 4154.40
37762 GRIGGS COOPER & CO INC LIQUOR. 52260.09
37763 JOHNSON BROTHERS LIQUOR CO LIQUOR/WINE. 43603.64
37764 PAUSTIS & SONS CO WINE. 1378.78
37765 PHILLIPS WINE & SPIRITS LIQUOR/WINE. 35901.58
37766 PRIOR WINE CO LIQUOR/WINE. 10991 . 11
37767 QUALITY WINE & SPIRITS CO LIQUOR/WINE. 21603.21
37768 VINTAGE ONE WINES INC WINE. 69.00
37769 THE WINE COMPANY WINE. 314.78
37770 WORLD CLASS WINES INC WINE. 430.95
30167786
JANUARY 16, 1996 1 .
JANUARY 16, 1996 VI
37771 CARVER CO CHILD SUPPORT UNIT PAYROLL 12-22-95. 90.00
37772 CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 12-22-95. 276.93
37773 CARVER CO CHILD SUPPORT UNIT PAYROLL 12-22-95. 49.37
37774 FEDERAL RESERVE BANK SAVINGS BONDS PAYROLL 12-55-95. 350.00
37775 GREAT-WEST LIFE & ANNUITY PAYROLL 12-22-95. 8460.50
37776 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 12-22-95. 240.46
37777 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 12-22-95. 275.08
37778 ICMA PAYROLL 12-22-95. 4219.26
37779 INTL UNION OF OPERATING ENGINEERS UNION DUES FOR THE MONTH OF DECEMBER. 1306.00
37780 MN DEPT OF REVENUE PAYROLL 12-22-95. 227.42
37781 MINNESOTA MUTUAL LIFE PAYROLL 12-22-95. 1326.50
37782 MN STATE RETIREMENT SYSTEM PAYROLL 12-22-95. 247.00
37783 MN TEAMSTERS CREDIT UNION PAYROLL 12-22-95. 25.00
37784 PUBLIC EMPLOYEES RETIREMENT ASSOC PERA LIFE INSURANCE FOR THE MONTH OF 237.00
JANUARY 1996.
37785 PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 12-22-95. 45044.74
37786 PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 12-22-95. 25.00
37787 UNITED WAY PAYROLL 12-22-95. 139.75
37788 EDEN PRAIRIE POLICE DEPT PETTY CASH-POLICE DEPT. 94.65
37789 UNITED PROPERTIES JANUARY RENT-LIQUOR STORE III. 6581 .25
37791 JOHN CONLEY REIMBURSEMENT FOR DEER REDUCTION PROJECT 226.85
ITEMS.
37792 CRAGUNS CONFERENCE CENTER CONFERENCE EXPENSE. 166.52
37793 EDEN PRAIRIE HIGH SCHOOL HIGH SCHOOL BASKE713ALL ADMISSION-ADAPTIVE 23.00
RECREATION PROGRAM.
37794 JEAN HARRIS REIMBURSEMENT FOR EXPENSES-NATIONAL 173.35
LEAGUE OF CITIES CONFERENCE.
37795 HENNEPIN COUNTY TREASURER PROPERTY TAXES PID NO 18-116-22 42 0002. 91 .09
37796 CHRIS MILLARD REIMBURSE FOR TRAINING CLASS. 297.40
37797 MINNEGASCO SERVICE. 19642. 18
37798 MN ST ASSOC OF NARCOTICS INVESTIG 1996 MEMBERSHIP DUES MN STATE ASSOCIATION 10.00
OF NARCOTICS INVESTIGATORS FOR DETECTIVE
W P WYFFELS.
37799 MN SOCIETY OF ARBORICULTURE OSHA-REQUIRED CERTIFICATION TRAINING. 310.00
37800 MN SOCIETY OF FORESTERS CONFERENCE EXPENSE-FORESTRY DEPT. 16.00
37801 MSANI TRAINING-POLICE DEPT. 10.00
37802 MINNESOTA VALLEY ELECTRIC COOPERA SERVICE. 506.39
37803 PETTY CASH PETTY CASH. 94.91
37804 PETTY CASH PETTY CASH. 54.59
37805 RADISSON HOTEL TRAINING EXPENSE-POLICE DEPT. 67.67
37806 BILL WYFFELS TRAINING EXPENSE-FOOD ALLOWANCE. 50.00
37807 PATRICIA ALLEN REIMBURSEMENT FOR FACILITY USE PERMIT FEE. 80.00
37808 ADELE KRANTZ REFUND-GOLDSTEIN GALLERY TRIP. 3.50
37809 ETHEL HOFFHINES REFUND-GOLDSTEIN GALLERY TRIP. 3.50
37810 BETH WIRTH REFUND-ICE RENTAL DUE TO SCHEDULE 60.00
CONFLICT.
37811 LAVONNE BECKER REFUND-GYMNASTICS CLASS. 4.00
37812 GAYLE DIEHL REFUND-EXERCISE CLASS. 36.00
37813 KRISTI DIEHL REFUND-EXCERCISE CLASS. 36.00
37814 BETSY ELGIN REFUND-SWIMMING LESSONS. 21 .00
9119986
JANUARY 16, 1996 2.
JANUARY 16, 1996 VI
37815 KARLA GALLOGLY REFUND-SKATING LESSONS. 47.00
37816 JENNIFER HARLOW REIMBURSEMENT FOR YOUTH SPECIAL TRIP- 14.00
SESAME STREET LIVE.
37817 JENNIFER HARVEY REFUND-YOUTH TRIP FOR SAM. 26.00
37818 JENNIFER HARVEY REFUND-YOUTH TRIP. 26.00
37819 LINDA HILDEBRANT REFUND-SWIMMING LESSONS. 4.00
37820 DIANE PFLEPSEN REFUND-SWIMMING LESSONS. 42.00
37821 PAM RUSH REFUND-SWIMMING LESSONS. 42.00
37822 ROSE WIRTH REFUND-ICE TIME RENTAL FEE. 60.00
37823 VALERIE WALSH REFUND-YOUTH TRIP. 13.00
37824 CARD SERVICES CONFERENCE EXPENSE-CITY HALL. 624.96
37825 FDIC HOUSING BUREAU CONFERENCE EXPENSE-FIRE DEPT. 141 .90
37826 FDIC 96 REGISTRAR CONFERENCE EXPENSE-FIRE DEPT. 860.00
37827 KARI HESS SERVICE-GYMNASTICS INSTRUCTOR FEES PAID. 300.00
37828 J A PRICE AGENCY INC INSURANCE CLAIM FOR SEWER BACK-UP. 2000.00
37829 VOID• OUT CHECK 0.00
37830 PRISM HOLIDAYS DEPOSIT FOR SICILY TRIP-PARK AND REC DEPT- 700.00
FEES PAID.
37831 TOTAL REGISTER SYS MAINTENANCE AGREEMENT-LIQUOR STORE III/ 1693.97
SCANNING SUPPLIES.
37832 U S POSTMASTER POSTAGE FOR COMMUNITY NEWSLETTER PERMIT 3009.91
NO 241 .
37833 U S WEST COMMUNICATIONS SERVICE. 7393.67
37834 L AND K WESTERBERG REFUND-BUILDING PERMIT. 487.03
37835 ASPHALT SURFACE TECHNOLOGIES CORP CITY IMPROVEMENT CONTRACT-1995 BITUMINOUS 45853.38
SEALCOAT.
37836 REHBEIN INC CITY IMPROVEMENT CONTRACT-1995 LIME 80573.68
RESIDUAL REMOVAL.
37837 ALTERNATIVE BUSINESS FURNITURE IN WORKSURFACE-HUMAN RESOURCES. 419.61
37838 AMERICAN PAGING OF MINNESOTA PAGING SERVICE FOR JANUARY. 264.66
37839 AMERICAN LINEN SUPPLY CO UNIFORM EXPENSE-INSPECTION DEPARTMENT/ 1765.67
SERVICE LIQUOR STORES.
37840 KEN ANDERSON TRUCKING SERVICE-DISPOSAL OF WILDLIFE-ANIMAL 115.53
CONTROL DIVISION.
37841 EARL F ANDERSEN & ASSOC INC SWINGS AT MILLER PARK. 7216.00
37842 EARL F ANDERSEN & ASSOC INC FLASHERS/SIGNS/BATTERIES/POSTS-STREET 1162.21
MAINTENANCE.
37843 ASPEN EQUIPMENT COMPANY LIFTGATE/HOIST/SUPPLIES-FLEET SERVICES 1745.02
PRE-WET KIT-STREET MAINTENANCE.
37844 ASPEN EQUIPMENT COMPANY LIFTGATE/PINS/STAND AND SPACER/HOIST. 6636.52
37845 ASSOCIATION OF METROPOLITIAN MUNI 1996 MEMBERSHIP DUES. 7746.00
37846 ASTLEFORD INTL INC CYLINDER/SEAL-FLEET MAINTENANCE. 520.22
37847 ATCO SUPPLIES WATER TREATMENT FACILITY -SEVEN 191 .80
GALLONS ALL-PRO.
37848 AT&T WIRELESS SERVICES SERVICE-COMMUNITY .CENTER. 10.65
37849 AUTO GLASS SPECIALISTS INC VEHICLE REPAIRS-FLEET MAINTENANCE. 240.98
37850 BACHMANS LABOR-HOLIDAY DECORATIONS. 258.00
37851 BAUER BUILT INC BATTERIES-FLEET MAINTENANCE. 370.94
37852 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 1528.57
37853 BLACK & VEATCH SERVICE-WATER TREATMENT PLANT DESIGN. 134508.09
30861297
JANUARY 16, 1996 3.
vy
JANUARY 16, 1996 VI
37854 BLOOMINGTON LOCK & SAFE CO SERVICE AND PARTS-WELLHOUSE 10. 268.24
37855 PAUL BROWN SERVICE-VOLLEYBALL OFFICIAL-FEES PAID. 900.00
37856 BSN SPORTS TARGET AND ARROWS-YOUTH RECREATION DEPT. 233. 10
37857 TOM BUCHER QUALITY IMPROVEMENT ASSISTANCE-4TH QRT 2000.00
1995.
37858 CAREERTRACK PUBLICATIONS PUBLICATION-ADAPTIVE RECREATION DEPT. 29.95
37859 CARGILL INCORPORATED DEICING SALT-STREET MAINTENANCE. 2228. 17
37860 CCP INDUSTRIES INC SUPPLIES-PARK MINTENANCE. 148.00
37861 CENTRAIRE INC MAINTENANCE/REPAIRS/PARTS AND LABOR ON 9920.63
CENTRAL HEATING SYSTEMS-FACILITIES/48011 .
37862 CITY OF CHANHASSEN 1995 COST FOR PARTICIPATION IN THE 1680.00
SOUTHWEST COMMUNITIES COALITION.
37863 JAKE CHRISTENSEN SERVICE-BASKETBALL OFFICIAL-FEES PAID. 76.50
37864 CHUCKS BAGS EMT BAGS-FIRE DEPT. 239.63
37865 CO2 SERVICES CO2 TANK RENTAL-COMMUNITY CENTER. 70.00
37866 COMPUTER CHEQUE OF MINNESOTA INC EQUIPMENT-LIQUOR STORE III. 292.87
37867 CONNEY SAFETY PRODUCTS PROTECTIVE GLOVES/FINGER GUARDS/FINGERTIP 174.61
PROTECTORS/SCAPLE/SPLINT/LATEX GLOVES/
RESPIRATOR/MISC SUPPLIES-WATER TREATMENT
FACILITY.
37868 CONTINENTAL SAFETY EQUIP INC GOGGLES-SAFETY DEPT. 134.48
37869 COPY EQUIPMENT INC REPRINTS OF AREA MAPS-FIRE DEPT / 964.40
SUPPLIES-FACILITIES.
37870 CORPORATE REPORT PUBLICATION-CITY HALL. 29.00
37871 CUB FOODS MEETING SUPPLIES FIRE DEPT. 414.37
37872 CUMMINS DIESEL SALES INC ENGINE REPAIR-FLEET MAINTENANCE. 1859.59
37873 CUTLER MAGNER COMPANY QUICKLIME-WATER TREATMENT FACILITY. 1637.51
37874 DALCO ROOF MANAGEMENT SURVEY-FIRE STATION 2. 200.00
37875 DALCO SUPPLIES-COMMUNITY CENTER. 47.56
37876 DANKO EMERGENCY EQUIPMENT CO SAFETY LADDER/VALVE ASSEMBLY/AIR 1467.39
CYLINDERS-FIRE DEPT.
37877 DECORATIVE DESIGNS LIVE PLANT MAINTENANCE-JANUARY 1996/ 679.91
HOLIDAY DECORATIONS.
37878 DELEGARD TOOL CO SHOP TOOLS-FLEET SERVICES. 423.37
37879 DEM CON LANDFILL INC DECEMBER WASTE DISPOSAL-PARK MAINTENANCE. 54.00
37880 DETERMAN WELDING AND TANK SERVICE TANK DISPOSAL. 51 .00
37881 DKH EXCAVATING INC DEMOLITION OF HOME AT 8510 FRANLO RD. 8000.00
37882 DURABUILT ASSOCIATES INC REHAB WORK AT 15916 N EDEN DR - MARTIN 641 .00
ANDERSON.
37883 EDEN PRAIRIE FORD PARTS/FLEET MAINTENANCE. 2081 .48
37884 EDEN PRAIRIE SCHOOL DIST 272 RENTAL OF SPACE FOR COMMUNITY BAND/SQUARE 1770.00
DANCING/VOLLEYBALL.
37885 EKLUNDS TREE & BRUSH DISPOSAL BRUSH DISPOSAL FOR DECEMBER 95. 150.00
37886 JEFF ELWELL MILEAGE-COMMUNITY CENTER. 13. 16
37887 ELVIN SAFETY SUPPLY INC SUPPLIES-COMMUNITY CENTER. 85.22
37888 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 9.31
37889 FEED RITE CONTROLS INC CHLORINE-WATER TREATMENT FACILITY. 2108.38
37890 FERRELLGAS PROPANE-COMMUNITY CENTER. 64.10
37891 KERRY FIERKE SERVICE-CHAPERONE-FEES PAID. 66.50
37892 FILTRATION SYSTEMS INC FILTERS-WATER TREATMENT FACILITY. 266.97
4148040
JANUARY 16, 1996 4.
JANUARY 16, 1996 VI
37893 FIRE ENGINEERING MAGAZINE SUBSCRIPTION-FIRE DEPT. 179.55
37894 FIREHOUSE MAGAZINE SUBCRIPTION RENEWAL. 149.82
37895 FLAHERTY EQUIPMENT CORPORATION HEATER-FLEET MAINTENANCE. 106.87
37896 FLOYD SECURITY 1996 QUARTERLY MAINTENANCE REPORTS LIQUOR 170.88
STORE I AND III/QUARTERLY MONITORING.
37897 JOHN HENRY FOSTER MN INC GASKET-UTILITIES. 14.36
37898 FRANKLIN QUEST CO SUPPLIES-ADULT REC. 221 .68
37899 FUNK HANECY DISTRIBUTORS INC FLOORING-FACILITIES/LOBBY CONFERENCE ROOM 2428.06
CONTROL ROOM HALL FIRE STATION III.
37900 GARDNER HARDWARE CO KEYS-COMMUNITY CENTER. 18. 11
37901 GENERAL OFFICE PRODUCTS CO SUPPLIES-FIRE DEPT/UTILITIES. 69.71
37902 VOID OUT CHECK 0.00
37903 GEORGETOWN PUBLISHING HOUSE PUBLICATION-CITY HALL. 307.00
37904 GILLUND ENTERPRISES CHAIN LUBE-STREET MAINTENANCE. 103.20
37905 GOODYEAR COMMERCIAL TIRE & SVC TIRES-FLEET SERVICES. 108. 10
37906 GOVERNMENT FINANCE OFFICERS ASSOC 1996 MEMBERSHIP-FINANCE DEPT. 185.00
37907 W W GRAINGER INC SHOP SUPPLIES-FLEET MAINTENANCE SURGE 571 .86
NOISE SUPPRESSOR AND EXTENSION CORD-
FACILITIES.
37908 GRAFIX SHOPPE VEHICLE GRAPHICS-POLICE DEPT. 124.61
37909 GREENTREE GRAPHIC PRODUCTS SUPPLIES-FIRE DEPT. 290.95
37910 HACH COMPANY DIGITAL LAB STIRRER/FLOC JAR-UTILITIES. 2145.00
37911 JIM HATCH SALES CO SHOVEL-PARK MAINTENANCE. 113.00
37912 MICHAEL HAMILTON SERVICE-BROOMBALL OFFICIAL-FEES PAID. 420.00
37913 HARMON GLASS COMPANY WINDSHILD REPAIR. 304.32
37914 JOSH HENDERSON SERVICE-BASKETBALL OFFICIAL-FEES PAID. 68.00
37915 HENNEPIN COUNTY TREASURER 1996 CONCESSION LICENSE ROUND LAKE PARK. 155.00
37916 HENNEPIN COUNTY TREASURER ROOM AND BOARD FOR NOVEMBER 95-POLICE 4730.00
DEPT.
37917 HENN COUNTY SHERIFFS OFFICE BOOKING FEE FOR NOVEMBER - POLICE DEPT. 893.34
37918 HENNEPIN COUNTY TREASURER TORRENS RECORDING FEE. 61 .50
37919 HENNEPIN COUNTY TREASURER PROPERTY OWNERS LISTS. 250.00
37920 HENNEPIN COUNTY TREASURER WASTE MGMT FEE FOR DECEMBER 95. 15.48
37921 D C HEY COMPANY INC MAINTENANCE AGREEMENT-INSPECTIONS. 104.83
37922 LARRY HILLARD SERVICE-OPEN GYM-FEES PAID. 130.00
37923 HONEYWELL PROTECTION SERVICES QUARTERLY MONITORING-FACILITIES. 229.24
37924 HOSP SUPPLY SCIENTIFIC PROD SODIUM HYDROXIDE-WATER TREATMENT PLANT. 36.97
37925 INACOM CORPORATION PRINTER-UTILITIES. 493. 16
37926 INTL ASSOC OF CHIEFS OF POLICE 1996 ANNUAL MEMBERSHIP DUES-POLICE DEPT. 100.00
37927 INTL ASSOC OF PLBG AND MECH OFFIC 1996 MEMBERSHIP DUES-INSPECTION DEPT. 20.00
37928 INTL CONFERENCE OF BLDG OFFICIALS PUBLICATION-INSPECTION DEPT. 458.35
37929 CRAIG JERDE SERVICE-HOST-FEES PAID. 250.00
37930 JUSTUS LUMBER CO LUMBER-STREET MAINTENANCE. 148.28
37931 SCOTT KIP PARKING FEES. 11 .50
37932 LAB SAFETY SUPPLY SAFETY SUPPLIES/GLOVES-WATER TREATMENT 531 .78
PLANT.
37933 LAKE COUNTRY DOOR DOOR REPAIRS-FACILITIES. 485.90
37934 LAKE REGION VENDING SUPPLIES LIQUOR STORES. 1415.47
37935 LAKELAND FORD TRUCK SALES INC 0.00
37936 CYNTHIA LANENBERG MILEAGE-FIRE DEPT. 60.48
1868136
JANUARY 16, 1996 5.
JANUARY 16, 1996 VI
37937 JH LARSON ELECTRICAL CO LIGHTING SUPPLIES-FACILITIES. 600.75
37938 LAMETTRYS COLLISION REPAIRS-FLEET MAINTENANCE. 280.00
37939 LEUTNER WELL INC PULL UP SEAL WELL - 8510 FRANLO RD. 929.00
37940 LOFTNESS SNOWBLOWER PARTS-FLEET MAINTENANCE. 661 .50
37941 LOTUS 1 2 3 PUBLICATION-FINANCE DEPT. 39.00
37942 MACQUEEN EQUIPMENT INC CURB SHOES-FLEET SERVICES. 549.54
37943 MARKS HWY 5 AMOCO GAS-FLEET MAINTENANCE. 15.85
37944 MASYS CORPORATION HARDWARE/SOFTWARE MAINTENANCE-POLICE DEPT. 1429.70
37945 MAXI-PRINT INC PRINTED SUPPLIES. 434.95
37946 MCNEILUS STEEL INC STOCK STEEL ORDER-FLEET MAINTENANCE. 641 .29
37947 MENARDS UNDERCAB LITE/PROPANE CYLINDER/PLUGS/ 235.41
PERFORATED PIPE/TOILET FLAPPER/POLY
PUSHER/GIFT CERT/LAWN FOOD/PIPES/
COUPLINGS/ELBOWS-UTILITIES-POLICE DEPT-
EMP RECOG-FACILITIES.
37948 MIDFORMATION INCORPORATED SUPPLIES POLICE DEPT. 254.96
37949 MIDWEST ASPHALT CORP ASPHALT-STREET MAINTENANCE. 5.87
37950 MIDWEST COCA COLA BOTTLING CO MERCH. FOR RESALE-COMMUNITY CENTER. 338.93
37951 MINNCOMM PAGING PAGING SERVICE-INSPECTION DEPT DECEMBER 73.44
95.
37952 MN GFOA STEVE HAUER ASST FINANCE MEMBERSHIP MN FINANCE OFFICERS ASSOC - 15.00
FINANCE DEPT.
37953 MN STATE FIRE CHIEFS ASSN 1996 MEMBERSHIP DUES - STATE FIRE CHIEFS 190.00
ASSN.
37954 MN CHAPTER IACCI 1996 MEMBERSHIP DUES. 45.00
37955 MN CHAPTER OF IAPMO 1996 MEMBERSHIP DUES-INSPECTION DEPT. 35.00
37956 STATE OF MINNESOTA TECHNOLOGY DRIVE RECONSTRUCTION. 713978.21
37957 MN PARK SUPERVISORS ASSN 1996 MEMBERSHIP DUES-PARK MAINTENANCE. 20.00
37958 MN EMPLOYEES REC AND SERVICES COU 1996 ORGANIZATIONAL MEMBERSHIP DUES. 200.00
37959 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADS-HUMAN RESOURCES. 76.30
37960 SHERI MOONEN REIMBURSEMENT FOR YOUTH RECREATION 18.20
SUPPLIES.
37961 JOEL MURPHY SERVICE-BROOMBALL-FEES PAID. 175.00
37962 MOORE MEDICAL CORP FIRST AID SUPPLIES-FIRE DEPT. 291 .65
37963 MSCA RETAIL SURVEY REPORT RETAIL SURVEY REPORT. 30.00
37964 W E NEAL SLATE CO COAT RACK-POLICE DEPT. 248.00
37965 NEBCO EVANS DISTRIB ITEMS FOR RESALE-CONCESSIONS COMMUNITY 321 .27
CENTER.
37966 CHAD NESTOR ILLUSTRATION AND DESI DEVELOP PROMOTIONAL BROCHURE FOR ARTS 335.20
COMMISSION/PROOFS.
37967 NEWSWEEK PUBLICATION-CITY MANAGER. 28.62
37968 NORTHERN SUPPLIES-UTILITIES DIVISION. 200.52
37969 NORTH STAR ICE SUPPLIES-LIQUOR STORES/'. 533.61
37970 OLSEN CHAIN & CABLE CO INC GLOVES-UTILITIES/TEST BINDER CHAIN-FLEET 123.26
MAINTENANCE.
37971 PALM BROTHERS STACKING CHAIRS AND CHAIR DOLLYS. 15664.23
37972 PARAGON CABLE CABLE SERVICE. 19.07
37973 PEPSI-COLA COMPANY MERCHANDISE FOR RESALE-SKATING RINKS. 269.55
37974 PHONES PLUS HEADSETS REPAIRS TO HEADSET-CITY HALL. 25.00
37975 PINK COMPANIES CARPET AND INSTALLATION AT PRAIRIE VIEW 639.88
WARMING HOUSE.
73997276
JANUARY 16, 1996 6.
JANUARY 16, 1996 VI
37976 POWERTEX SPORTSWEAR INC UNIFORM EXPENSE-ADULT RECREATION. 111 .70
37977 PRAIRIE ELECTRIC COMPANY INC REPAIRS TO LIGHTING SYSTEMS FIRE STATION 1216.00
AND PUBLIC WORKS.
37978 PRAIRIE LAWN & GARDEN OIL-FACILITIES/LID CLEANER AND PIPES- 34.26
STREET MAINTENANCE.
37979 PRAIRIE OFFSET PRINTING REGISTERED VOTERS RECEIPTS. 365.08
37980 THE PROMOTION GROUP UNIFORMS-LIQUOR STORES. 132.37
37981 PSQ BUSINESS COMMUNICATIONS INC REPAIRS TO PHONE-FACILITIES. 106.63
37982 QUALITY WASTE CONTROL INC WASTE DISPOSAL-COMMUNITY CENTER/LIQUOR 1376.31
STORE II/WATER PLANT/STORAGE BLDG/SENIOR
CENTER/FIRE STATION I II III/STREET AND
PARKS.
37983 RADIO SHACK PARTS-FLEET MAINTENANCE. 8.01
37984 ROADRUNNER TRANSPORATION DELIVERY EXPENSE-FLEET SERVICE. 12.45
37985 ROGERS SERVICE ALTERNATOR/PARTS AND LABOR-FLEET 344.47
MAINTENANCE.
37986 ROLLINS OIL CO FUEL-FLEET SERVICES. 6327.40
37987 SAFETY-KLEEN CORPORATION MAINTENANCE-FLEET SERVICES. 93.72
37988 SALLY DISTRIBUTORS INC SUPPLIES-SPECIAL EVENT-DONUTS WITH SANTA. 100.32
37989 SANCO INC MATS/BABY CHANGING TABLE/GARBAGE BAGS/ 1056.00
CLEANING SUPPLIES-FACILITIES.
37990 JACK SCHEPERS MILEAGE-LIQUOR STORE III/INVENTORY 182.24
SUPPLIES.
37991 SIMPLEX TIME RECORDER CO SERVICE AGREEMENT-POLICE DEPT. 136.67
37992 SISINNI FOOD SERVICE MEETING EXPENSE-ENVIRONMENTAL WASTE/CITY 201 .51
COUNCIL/PLANT EXPANSION WORKSHOP.
37993 W GORDON SMITH CO SHOP SUPPLIES-FLEET SERVICES. 105.70
37994 SNAP-ON TOOLS CORPORATION SHOP TOOLS/WRENCH/RACHET/COUPLER/HAMMER- 762.28
FLEET MAINTENANCE-FIRE DEPT.
37995 SOUTHWEST METRO TRANSIT GROUP RIDE-YOUTH RECREATION-FEES PAID. 30.00
37996 SOUTHWEST SUBURBAN CABLE COMMISSI 1995 PHASE I FRANCHISE RENEWAL COSTS. 6000.00
37997 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-HUMAN RESOURCES. 25.50
37998 S&S ARTS & CRAFTS ARTS AND CRAFT SUPPLIES-YOUTH RECREATION. 273. 10
37999 STAR TRIBUNE ADVERTISING INSERTS COMMUNITY NEWSLETTER. 930.00
38000 STAR TRIBUNE SUNDAY PAPER FOR RESALE-LIQUOR STORE III. 24.82
38001 ST PAUL BOOK & STATIONERY CO SUPPLIES-ADULT REC/UTILITIES/PARKS AND 233.48
REC/COMMUNITY DEVELOPMENT/FINANCE.
38002 SUBURBAN CHEVROLET PARTS-FLEET MAINTENANCE. 187.35
38003 SWEDLUND SEPTIC SERVICE SERVICE-OUTDOOR CENTER. 95.00
38004 TOTAL REGISTER SYS SUPPLIES-LIQUOR STORE III. 43.97
38005 TWIN CITY OXYGEN CO HELIUM/OXYGEN/ACETYLENE/NITROGREN-POLICE 115.97
DEPT-FIRE DEPT.
38006 TWIN CITY VACUUM VACUUM PARTS-FACILITIES. 114.73
38007 URBAN WILDLIFE MANAGEMENT INC JANUARY 1996 DEER REMOVAL. 3640.00
38008 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT/FIRE DEPT. 1110.26
38009 UNITED STATES POLICE CANINE MEMBERSHIP DUES. 105.00
38010 UNIVERSITY OF MN EDS REGISTRAR PESTICIDE RECERTIFICATION WORKSHOP-PARK 100.00
MAINTENANCE.
38011 UNLIMITED SUPPLIES INC PLOW BOLTS-FLEET MAINTENANCE. 183.66
38012 US HOSPITALITY CORP ADVERTISING-LIQUOR STORES. 195.00
2608096
JANUARY 16, 1996 7.
�-U
JANUARY 16, 1996 VI
38013 VICTORIA REPAIR AND MFG SUPPLIES-UTILITIES. 44. 14
38014 WARNING LITES OF MN TRAFFIC CONES/SIGNS-STREET MAINTENANCE. 1407.40
38015 WATERPRO SUPPLIES-INSPECTIONS/UTILITIES/PARKS/ 16169.38
METERS FLANGE KIT COPPERHORN.
38016 WEATHER WATCH INC SERVICE-JANUARY 1996. 150.00
38017 WEST WELD ELECTRODE-FLEET MAINTENANCE. 160.26
38018 ZARNOTH BRUSH WORKS INC TRACTOR BROOM REFILL-PARK MAINTENANCE. 347. 19
38019 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-COMMUNITY CENTER. 87. 19
36599 VOID OUT CHECK 10.00-
37011 VOID OUT CHECK 765. 11-
37139 VOID OUT CHECK 374.66-
37196 VOID OUT CHECK 0.00
37203 VOID OUT CHECK 739.05-
37487 VOID OUT CHECK 500.07-
37742 VOID OUT CHECK 9.00-
1596767
$1543673.84
JANUARY 16, 1996 8.
9
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1-16-96
SECTION: 2ND READING
ITEM NO.VIIA
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger MEDIA PLAY
Michael Franzen
Requested Council Action:
The Staff recommends that the Council take the following action after the Public Hearing:
• Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to Commercial
Regional Service on 5.6 acres and PUD District Review with waivers on 5.6 acres;
• Adopt the Resolution approving Site Plan Review on 5.6 acres;
• Approval of a Developer's Agreement
Supporting Reports:
1. Ordinance for Zoning District Change and PUD District Review
2. Resolution for Site Plan Review
3. Developer's Agreement
MEDIA PLAY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 2-96-PUD-1-96
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordnance(hereinafter,the "land")is legally described
in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the Rural District and
be placed in the Planned Unit Development Commercial Regional Service Zoning District 2-96-PUD-1-96
(hereinafter "PUD-1-96-C-Reg Ser").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement
dated as of January 16, 1996, entered into between Musicland Group,Inc., and the City of Eden Prairie(hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-1-96-C-Reg-Ser,
and are hereby made a part hereof.
Section 4. The City Council hereby makes the following fmdings:
A. PUD-1-96-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-1-96-C-Reg-Ser designed insuch 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-1-96-C-Reg-Ser are justified by the design of the development described therein.
D. PUD-1-96-C-Reg-Ser is of sufficient size, composition, and arrangement that its construction,
marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural
District and shall be included hereafter in the Planned Unit Development PUD-1-96-C-Reg-Ser and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be
and are amended accordingly.
il2-
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 January,
1996, 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 16th day of January, 1996.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on
3
MEDIA PLAY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Summary: This ordinance allows rezoning of land located at Eden Prairie Marketcenter from
Rural to Commercial Regional Service on 5.6 acres; subject to the terms and conditions of a developer's agreement.
Exhibit A,included with this Ordinance,gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane /s/Jean L. Harris
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the
(A full copy of the text of this Ordinance is available from City Clerk.)
q
Media Play
Exhibit A
LEGAL DESCRIPTION
Lot 2, Block 1, Eden Prairie Marketcenter 2nd Addition
MEDIA PLAY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR MEDIA PLAY
BY MUSICLAND GROUP,INC.
WHEREAS, Musicland Group,Inc. has applied for Site Plan approval of Media Play on 5.6 acres for
construction of a Media Play store and a future 4,500 sq. ft. restaurant located at Eden Prairie Marketcenter to
be zoned Commercial Regional Service by an Ordinance adopted by the City Council on January 16, 1996; and,
WHEREAS,the Planning Commission reviewed said application at a public hearing at its December 11,
1995, Planning Commission meeting and recommended approval of said site plans; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its January 16, 1996,
meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE,that site plan approval be granted to Media Play for the construction of a Media Play
store and a future 4,500 sq. ft. restaurant,based on plans dated January 16, 1996, between Musicland Group,
Inc., and the City of Eden Prairie.
ADOPTED by the City Council on January 16, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
V11L
DEVELOPER'S AGREEMENT
MEDIA PLAY
THIS AGREEMENT, made and entered into as of January 16, 1995, by Media Play, 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 Planned Unit Development Concept Review on 23 acres,
Planned Unit Development District Review with waivers on 5.6 acres, Zoning District Change from Rural to
Commercial Regional Service on 5.6 acres, Site Plan Review on 5.6 acres and Preliminary Plat of 5.6 acres into
two lots for construction of a Media Play store and future 4,500 sq. ft. restaurant, 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 Zoning District
Change from Rural to Commercial Regional Service and PUD District Review with waivers on 5.6 acres,
Resolution No. , PUD Concept Review, Resolution No. , Preliminary Plat, and Resolution
No. for Site Plan Review. Developer covenants and agrees to construction upon, development, and
maintenance of said Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised and
dated , reviewed and approved by the City Council on , and
attached hereto as Exhibit B, subject to such changes and modifications as provided herein.
2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer
at such times and in such manner as provided therein of all of the terms, covenants, agreements,
and conditions set forth in Exhibit C, attached hereto and made a part hereof.
3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City Engineer,
and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim
irrigation systems and storm sewer.
Upon approval by the City Engineer, Developer agrees to implement the approved street and
utility plans prior to building permit issuance.
4. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to
the City Planner, and receive the City Planner's approval of a plan depicting exterior materials
and colors to be used on the buildings on the Property.
Upon approval by the City Planner, Developer agrees to implement, the approved exterior
materials and colors plan concurrent with building construction on the Property and in accordance
with the terms and conditions of Exhibit C, attached hereto.
5. FINAL GRADING AND EROSION CONTROL PLAN:
A. FINAL GRADING PLAN: Developer acknowledges 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 approval of a final
grading plan for the Property. The final grading 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 plan. Developer shall implement the approved plan prior to, or concurrent
with building construction.
B. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall
submit to the City Engineer and obtain City Engineer's approval of an Erosion Control
Plan for the Property. The Erosion control plan shall include all boundary erosion control
features, temporary stockpile locations and turf restoration procedures. All site grading
operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached
hereto and made a part hereof. Developer shall implement the approved plan prior to, or
concurrent with building construction.
7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's approval of a plan for irrigation of the landscaped areas on the Property.
Upon approval by the City Planner, Developer agrees to implement the approved irrigation plan
concurrent with construction and completed prior to occupancy permit in accordance with the
terms and conditions of Exhibit C, attached hereto.
8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City
Planner and receive the City Planner's approval of a final landscape plan for the Property. The
approved landscape plan shall be consistent with the quantity, type, and size of plant materials
as shown on the landscape plan as depicted on Exhibit B attached hereto. 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.
Upon approval by the City Planner, Developer agrees to implement the approved landscape plan
concurrent with building construction on the Property, and in accordance with the terms and
conditions of Exhibit C, attached hereto.
9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to City Planner, and
receive City Planner's approval of a plan for screening of mechanical equipment on the Property.
Said mechanical equipment includes the gas meters, electrical conduit, and water meters in
addition to 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, per City Code requirements. Developer shall implement the approved plan concurrent
with building construction.
If, after completion of construction of said mechanical equipment screening, it is determined by
the City Planner, in its sole discretion, that the constructed screening does not meet the Code
requirements to screen said equipment from public streets and differing, adjacent land uses, then
City Planner shall notify Developer and Developer shall take corrective action to reconstruct the
mechanical equipment screening in order to meet Code requirements. Developer acknowledges
that City will not release the security provided until all such corrective measures are satisfactorily
completed by Developer.
10. PROOF OF PARKING SPACES: Developer and City acknowledge that the eight (8) proof
of parking spaces proposed for the Property, depicted in Exhibit B, attached hereto, are
designated for use by Media Play and that said spaces are not required to be constructed at this
time. However, said spaces may be required to be constructed in the future, if it is determined
by City, in its sole discretion, that it is necessary.
At such time as City, in its sole discretion, may determine that it is necessary for all, or a portion
of, said eight (8) proof of parking spaces to be constructed in order to accommodate the Media
Play use, the following shall occur:
A. City shall notify Developer in writing of the need to construct all, or a portion, of said
eight (8) proof of parking spaces.
B. Within six (6) months of receipt of written notice from City, Developer agrees to have
completed construction of all, or a portion of, said eight (8), as determined by City, in the
located as depicted in Exhibit B, attached hereto.
11. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code
requirements within the C-Regional Service District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD
A. Waiver from the sideyard setback requirement of 10 feet to zero feet.
B. Waiver from the 300 square foot of sign allowed per to 624 sq. ft.
C. Waiver from the required 6 spaces per 1,000 sq. ft. of building to 5.5 spaces per 1,000
sq. ft. of building.
12. RETAINING WALLS: Prior to issuance by 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 approval of detailed plans certified by a Registered Professional Engineer for the
retaining walls indicated on the grading plan in Exhibit B, attached hereto.
Said plans shall include details with respect to the height, type of materials, and method of
construction to be used for said retaining walls. Developer acknowledges and agrees that the
materials to be implemented shall be architecturally compatible with those implemented on the
adjacent lands within the area. The portion of the wall not visible from Singletree Lane maybe
constructed out of concrete.
Upon approval by the Chief Building Official, Developer agrees to implement the retaining wall
plans as approved by the Chief Building Official, concurrent with the grading, street, and utility
construction on the Property, and in accordance with the terms and conditions of Exhibit C,
attached hereto.
13. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall be stored
inside of the enclosures for each restaurant as depicted on Exhibit B.
14. FUTURE DEVELOPMENT: Developer acknowledges that the City has approved a concept
plan only for a proposed restaurant, as depicted in Exhibit B. Prior to any development or
construction of the restaurant as depicted in Exhibit B, Developer shall be required to submit
detailed development plans in accordance with the submittal requirement of the City, and obtain
approval of those plans by the Planning Commission and City Council.
15. REVISED RESTAURANT SITE PLAN: Prior to the commencement of grading on the
property, developer agrees to submit a revised grading and retaining wall plan for the restaurant.
Said plan shall include the location of the restaurant at a distance no less than 35 feet from the
back of the curb of the shared entrance drive between Media Play and Bachman's as shown on
Exhibit B. No individual retaining wall may be greater than 5 feet in height. All retaining walls
shall be tiered, curved, and constructed out of similar materials within the area. The level areas
between the retaining walls shall be heavily landscaped with materials consistent with those
shown on the approved landscape plan attached as a part of Exhibit B.
Upon approval by the City Planner and City Engineer, Developer agrees to construct the
approved grading and retaining wall plan concurrent with construction of buildings on the
property.
16. ALTERNATE LOADING AREA LOCATION: Prior to final plat approval, developers shall
submit a plan for the location of the loading area on the west side of the building for review and
approval by the City Planner.
DATE: 1/16/96
CITY COUNCIL AGENDA
SECTION:Petitions, Requests &
Communications
DEPARTMENT: ITEM DESCRIPTION: Request from Eden ITEM NO.VIII.A.
Administration Prairie Common Ground
Background:
Please refer to attached letter of January 8 from Duane Pidcock, General Chair, Eden Prairie
Common Ground.
Request:
This group is asking that the City provide a residential lot so that they, in conjunction with Habitat
for Humanity, can build an "affordable home" in Eden Prairie. It is recommended
that this request be referred to Staff and the Housing, Transportation & Social Services
Board for recommendation and report back to the Council within 30 days (February 20, 1996
City Council meeting).
I flf
8379 Red Rock Road
Eden Prairie, Minnesota 55347
Telephone: 937-1959 (Res) - 927-1603 (Off)
January 8, 1996
Mr. Carl Jullie, Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Dear Carl:
On behalf of Eden Prairie Common Ground, a Consortium
of eight Eden Prairie Churches, I request the
opportunity to appear before the Eden Prairie City
Council on Tuesday, January 16, 1996, for the
purpose of soliciting their support and participation
in the construction of an "affordable hone" in Eden
Prairie.
At this time we have received a pledge of $30,000
from two Eden Prairie residents to partially defray
construction costs for a house the Consortium wishes
to build during the next twelve months under the
umbrella of Habitat for Humanity. A major need is a
residential lot on which to build the "affordable
home", and we are hopeful the City of Eden Prairie
will became a partner in our endeavor by meeting this
need.
Current Consortium members are: Antioch Christian
Fellowship, Eden Prairie United Methodist, Eden
Prairie Presbyterian, Immanuel Lutheran, Pax Christi,
Prairie Lutheran, St. Andrew and Victory Lutheran.
Membership is open to all Eden Prairie Churches
and we believe others may join us as our plans
progress.
Enclosed for your information is copy of the Purpose
and By-laws of Eden Prairie Common Ground.
Thank you,
Duan idcock
Gene 1 Chair, Eden Prairie Common Ground .
Encl.
2
EDEN PRAIRIE COMMON GROUND
A CONSORTIUM OI, FDFN l'R:\TRTF CUT ES
Purpose and By-I aws
PE.TRPOSE
The purpose of i DEN .i'1AIkiL COMMON GROUND is to ci power and
encourage its member Churches through cooperative effort to bring charitable and just
solutions to social needs in the Conuuuriiiv.
MSEMI ERSI III''
Membership is open to any t?den Prairie Church in support of the; Eden Prairie
Common Ground Purpose talc.By-Laws. Each Church will be allowed to appoint one
Voting Member to represent its congregation.
(LIWERS
Officers shall be a General Chair Vicc-Chair, and Secretary. Officers shall be
elected by a vote of the Voting Members. Term n of Office shall be for one year from
January through December_ and Officers shall not '.se ive in the same Office for a seainLI
consecutive term. C)ffieers shall idways be from 3 lliiiercnt congregations.
FISCAL YE.-Ut.
The fiscal year shall correspond with the calendar year.
GOAT. SETTING
During its Janus;•\ NIceling, the full Committee shall establish goals for the
forthcoming year.
CONIMlTf EE MEMBERSHIP
Following the January.goal Setting meetini„.. each .hared:represcutatile shall inform
the General Chair of the committee on which they wish to serve for ilk; iortlic„ntuss year.
COMMITTEES
(.'oinrnittees to carry out annual 1;PCU goals shall have a wiittcrr l't.i.ipose and be
formed by no later than the areh 'general meeting. Special Committees may be formed
as need is determined. and all ('omill.ittee Chairs shall be appointed by the Geural Chair.
GENERA] NIEETI:NGS
Unless otherwise determined. Gcncra1 `_Jeetin s shall he bzid :rct ill.: s.:::nnd
Saturday of January. March. May, July. September. and November r;ith the location
alternating alphabetically among the member Churches.
EITTlNG AGENDAS
A. written agenda shall be prepared by the General and Committee Chairs for eaeh
meeting and always consist of Opening and Closing Prayers and Approval of Minutes
from to previous meeting.
MEZTZT_QA=ES
1 he Secretary shall write minutes for all General Meetings, and persons appointed
by Committee Chairs for all C:min ttce Meetings.
C.LERIC.V.. I.rM:SMII .; ;`;
In addition to writing General Meting,minutes. the Secretary shall maintain a
Current roster of Committee members: receive a '.feeling Agenda from the General Chair
prior to each special or regularly scheduled meeting; and mail Copies of the Agenda and
previous Meeting minutes to the lull Committee.
Committee Chairs shall be responsible for submitting.Meeting minutes to the
Secretary for Inclusion with mailing of General 1.1Ccting agendas, etc.
QiI ;1; IO., tDGr'.
An operating budget for the following fiscal year shall he determined hs' the lull
Committee during its September Meeting and submitted to the respective Church Co:inttls
by no later than November 1st. Operating budget approval Will occur during the January
General Meeting. if feasible. operating tUnnl• shall be allocated on an equal basis for each
member Church. However, no church shall be excluded from membership by its inability
to contribute.
PROJECT BUDGET
Funds to pay for sl,.;cial t,roteets:programs Shall Qom :rotn Inenibcr Churches and
outside donations. bonds to pay for special projects'prog>_rams shall be requested from
member Churches (a minimum of 60 days) prior to projeei.'progran1 commitment date.
Commitment to special projectsr'pcogams shall not be made until a budget has been
approved and funding secured. The amount of funds reilucSicd from member C[turJi s
shall be passed on a foriuula relating to membership.
ANNUAL.
An :Annual Repoli shall be revie«edi by the Committee !i the Tan ar tircting-
and shalt be submitted to the respective Church Councils In no later than l ehru_:ry 1st of
each year. This Report shall reflect Committee activity and success in attaining itoals for
the previous year, and a current roster of Cottunittce Members.
epeg?.wps
v!y.-_10
CITY COUNCIL AGENDA DATE:
SECTION: Petitions, Requests, and Communications January 16, 1996
SOUTHWEST METRO ITEM DESCRIPTION: ITEM NO.
TRANSIT COMMISSION
Resolution Supporting Transit
Legislation
EXECUTIVE SUMMARY:
The Southwest Metro Transit Commission (SMTC)is asking for Eden Prairie's support of a
legislative proposal to accomplish two major objectives:
• Establishment of a demonstration project which will be a new form of partnership with the
Metropolitan Council by providing for greater local control and accountability in public transit
for the joint powers cities
• A steady and predictable revenue source for both SMTC and the Metropolitan Council
BACKGROUND:
For a variety of reasons,many of which have been recounted in the press lately,transit is changing
in the Twin Cities Metropolitan Area. Many of these changes have a direct impact on Eden
Prairie's local transit authority, Southwest Metro. These changes in transit,combined with
significant changes at Southwest Metro,have placed the agency in a position where it is important
to plan ahead for fmancial stability and security of the agency's assets. Specifically,the upcoming
transit hub project has brought this issue to the forefront for SMTC.
In July, 1995,the Commission hired the Firstar Financial Services team and charged them with
several tasks:
1) Evaluate the existing operations of SMTC
2) Evaluate and advise the agency regarding the impact of the future
transit hub development
3) Evaluate and advise the agency regarding its future position given the
changes in the regional transit arena
Firstar reported its initial findings to the Commission at a workshop in October, 1995,and,as a
result of the report,the Commission directed Staff and agency consultants to take steps necessary
to provide for the financial stability and security of the agency. One of the major products of this
directive is the "Good News Bus Demonstration Project" legislation.
The attached documents further explain and support this important legislative initiative. Agency
staff and consultants will be available at the Council meeting on Monday evening to answer any
questions that may arise. Of course,Council and Council's staff should feel free to contact me at
934-7928 at the SMTC offices before the meeting with any questions.
Y11,11'J �.
Page 2
BUDGET IMPACT:
This action will not impact the local budget for the City of Eden Prairie; however,on property tax
statements there will be a change. The transit tax, formerly included within the Metro Area taxes,
will now be included as a separate line item on the property tax statements of citizens in Eden
Prairie, and,of course, Chanhassen and Chaska.
REQUESTED ACTION:
That the Eden Prairie City Council adopt the resolution supporting the bill
relating to the Metropolitan Council and the joint powers communities
establishing the Southwest Metro Transit Commission as a Public Corporation
and granting to it and to the joint powers communities various powers relating to
the public transit.
RESOLUTION IN SUPPORT
OF A BILL RELATING TO THE METROPOLITAN COUNCIL
AND THE CITIES OF EDEN PRAIRIE,
CHANHASSEN AND CHASKA
ESTABLISHING THE SOUTHWEST METRO TRANSIT COMMISSION
AS A PUBLIC CORPORATION
AM) GRANTING TO IT AND THE CITIES
VARIOUS POWERS RELATING TO PUBLIC TRANSIT
WHEREAS, the City of Eden Prairie ("City") is a party to the Southwest Metro Transit
Commission ("Commission");
WHEREAS, the City in conjunction with the cities of Chanhassen and Chaska organized
the Southwest Metro Transit Commission to provide alternative methods of providing public
transit service for the cities of Eden Prairie, Chanhassen and Chaska ("Cities") and to contract
to provide transit and transit planning services to other entities as approved by the Commission
pursuant to Minnesota Statutes §473.384 and §473.388;
WHEREAS, the City of Eden Prairie has reviewed a bill for an act relating to the
Metropolitan Council and the Cities of Eden Prairie, Chanhassen and Chaska, establishing the
Southwest Metro Transit Commission as a public corporation and granting to it and the Cities
various powers relating to public transit; and amending Minnesota Statutes, Section 473.446, by
adding a subdivision ("bill");
WHEREAS, the City of Eden Prairie believes that the demonstration project set forth in
the bill will be a valuable tool to provide transit services to the citizens of this community, to
acquire and develop properties by the Southwest Metro Transit Commission in connection with
its transit mission, and to enhance the economic growth of the area;
1
NOW, THEREFORE, the City Council of the City of Eden Prairie hereby endorses and
supports passage of the bill establishing Southwest Metro Transit Commission as a public
corporation in order to carry out the goals and objectives of the Demonstration Partnership
Program set forth in the bill.
ADOPTED BY THE CITY COUNCIL of the City of Eden Prairie this day
of , 1996.
CITY OF EDEN PRAIRIE
By
Its
ATTEST:
By
Its
rfr\smtc\legislat\edenprai.Res
2
0 eififh'i A i SOUTHWEST METRO TRANSIT
Ade
I. BACKGROUND
ESTABLISHED
In 1986, the cities of Chanhassen, Chaska, and Eden Prairie "opted-out" of the
provision of public transit service being provided by the Metropolitan Transit
Commission (MTC), now referred to as the Metropolitan Council Transit
Operations (MCTO). Under Minnesota State Statute 473.388, referred to as the
Replacement Transit Service Program, the cities were responsible for the
management and delivery of public transit services in their communities. As an
agent for the member cities, the Southwest Metro Transit Commission (SMTC)
was organized under a joint powers agreement effective December 1, 1996.
Seven commissioners, a combination of elected and appointed individuals,
serve on the SMTC board. Regional oversight is provided today by the
Metropolitan Council. Today, there are five replacement transit organizations
serving twelve communities, they are: Southwest Metro Transit, Shakopee
Area Transit, Minnesota Valley Transit, Plymouth Metro-Link, Maple Grove
Transit.
FUNDING
SMTC receives 90% of the local available transit funds collected from the
member cities. The remaining 10% is received by the Met Council for the
regional system. Additional funds available include fares from passengers;
grants; and capital bonds from regional, state, and federal sources.
GOALS
SMTC is charged to:
• Enhance the regional transit system by becoming an integral part of the
regional transit system
• To provide quality and cost effective transit services
• To assure a transit focused perspective by becoming an integral part of
community planning and development
• To ensure financial and organizational capabilities to address community
• service needs
5
65
II. EXISTING TRANSIT OPERATIONS
STRENGTHS: (See also Exhibit Al and A2)
Unit Closest to Customer Needs
• Since 1987 ridership has increased and average of 18% annually
• Cost containment has been a priority. Cost/Subsidy per Passenger has
decreased an average of 14% annually
Laboratory for Innovation
• Flexibility equals success
SMTC provides innovative transit options via express, shuttle, dial-a-ride
service
SMTC is viewed as a national leader in reverse-commute service
Quality of life is showcased by our community transit services
• SMTC is the only transit agency in the state to receive an ISTEA Grant worth
$3.5 million for the Transit Hub
Leadership of Member Cities
• Local accountability and decentralized decision-making yields substantially
lower costs
Decreased vendor operating costs by 200%
WEAKNESSES/THREATS:
Since 1991, relationship/micromanaging issues with the regional agency
continue to plague SMTC.
The regional oversight agency:
• Unilaterally withholds operating funds
• Arbitrarily reduces carryover funds
• Retroactively imposes service rate increases without notice or regard
to standing contracts or state law
• Manipulates data to discredit SMTC
As a result, an estimated $100,000, or 25% of SMTC administrative
budget, is spent annually to "protect" SMTC service--resources that could
provide an additional 10 months of bus service in our communities.
6
III. OPPORTUNITIES FOR CHANGE
GOALS FOR THE ORGANIZATION:
• Stabilize relationship environment
• Ensure SMTC operation capabilities/protect our assets
• Prepare for regional system change
• Reduce dependence on regional resources
• Evolution of maturing organizational structure of agency
STRATEGIES
• Transit Hub - Revenue Streams/Community Benefits
• MCTO strike experience - potential cost savings to tax payers
• Ownership of fleet - increases flexibility
• Leadership experience and vision of member communities/commission/staff
• Team of experts
• Transit redesign plan/limited regional resources
• Minimal impact to regional system/budget
• Operationally able to absorb special projects (e.g. Metro Mobility and
reverse-commute)
IV. SOLUTION (See also Exhibit Bi - B5)
"Good News Bus Demonstration Project - A Transit Enhancement
Plan for Local and Regional Transit Services"
Win/Win for regional agency and communities:
• Local and regional objectives
• Promotes productive relationship between regional agency and
communities
• Evolutionary: Positive change based on experience of successes
• Consistent with regional transit redesign plan
• Provides environment for tax-savings; enhanced service delivery
(See Also Exhibit C - Overview Explanation of Proposed Legislation)
ATTACHMENTS
EXHIBIT A-1 Transit Trends
EXHIBIT A-2 SMTC Annual Ridership
Good News Bus Demonstration Project
EXHIBIT B-1 Elements
EXHIBIT B-2 Overview
EXHIBIT B-3 Program Summary
EXHIBIT B-4 Win/Win Solution
EXHIBIT B-5 Why Did SMTC Act?
EXHIBIT C Proposed Legislation
8
6�
Exhibit A-1
TR A N S I T • T R ENDS
Replacement Transit Regional Transit
Percentage of change in cost&ridership since 1991 Percentage of change in cost&ridership since 1991
Source:Met Council Source:Met Council
40 : 40
w. +Q
t
35 35 ;; ti
: 4
C.!•••':.44*....A@,e•P*%,',;P ...iii..:4zwt..zaz=v.v...k.
i,,, .....
25 <,�: ��:i� ;J;}n c.., sd's:.ssw+$4S'}
� #b ..d.'t, •ao,.`9{3? vxs::.Y.�,' c s>%b •;0.4 -.:.•::v{:::s:;{".,.. >)x{`.:>,'$;,?:•:,:.... ..,;' .,.,,:;':y.:„.
•
•
•
•'+ '`/, +, , .+! $ V:::„.,\:{ ^S} ..lO++vv yff .,... .�,'}rt..•'� .''"
20 ?s. Y ....i;:`v.'C'" .'+ '.,s$ Ct`:r 20 ,ld , v t? < svN rl S? {, s v s:, f f s y
,v ':yM1 V: i�6i... >,1.�.N:�{+.. .;.,.;�:.:{ti 4':�.:: .Yii n 4 ti 1: f J^{'i
15 0-!,N .st ?::,Y:+s'.%`:{..". . .t¢ .:s ypyx;.
.,: 4:jl•, { nY�:F +:“. +rY '{ti 15 + N,w^A{.{"Y{:?.i. ...:..' { �,>. } `Y..:
:lZ.: �;{' w .i:{:...,� .4.34 yA �
a,2:.: .'` =10 �n
{ .. ; : :•::':.`t: •:'' V..... s'v ve:• •• .;. ,.. `l..:,:. { y 5 „ti3w. ,.�-:.. J:kroa 22a ,ws "};,xu ryec,sfi ::.K.:y.,,' , : . x. ' { "h d .a{ • ,.a:' • • 'ry` •• :dw, gw • :v,' `
s. :;c, YJ,\s •% ?—• , . , . : ,,,.• .: 3
lb
Costs Ridership
-5- -5-
1992 1993 1994 1992 1993 1994
■ Replacement Transit systems have reduced Replacement Transit Systems Have:
costs 24%* and increased ridership 38%. I Become a model for successful partnerships
■ While Regional Transit costs have increased between community,government, and
19°/a* and ridership has decreased 2% (about business.
750,000 passenger trips). ■ Strengthened the regional transit systems'
I This adds up to more buying power for multi-service approach, using various private
Replacement Transit programs. providers to contain costs and increase
I Before Replacement Transit, in some suburban ridership.
communities up to 100%of the transit dollars ■ Become a testing ground for new and
collected were spent in other cities. creative approaches—such as Bridges to
I Now Replacement Transit serves suburban Work (Reverse Commuting).
residents and businesses with destinations & ■ Enhanced greater participation at the local level.
pick-up points throughout the entire region.
Ratio of cost 61 ridership with i99i as base.
9
VIA °)
Southwest Metro Transit Commission
ANNUAL RIDERSHIP
1988 - 1996
600,000 —
525,000
• (projected)
500,000 —
P
a 470,488
3 (estimated)
3 425,403
e 400,000—
n
. 375,234
5,2, r 300,000—
301,214
T 275,800
i 242,114
p 200,000 —
198,229
162,199
100,000 — •
H.
cr
H.
rt
- a
0
1988• 1989 1990 1991 1992 1993 1994 1995 1996
0 12/11/95
• Exhibit B-1
SOUTHWEST METRO TRANSIT
Demonstration Project:
Elements:
Six (6) year demonstration period
Leaves 12% tax base to MCTO
Full Debt Service portion intact
MCTO relieved of Capital Bonding for SMTC
SMTC Assumes Metro Mobility
SMTC bonding authority
SMTC predictable revenue source
Local Accountability
Joint power cities develop transit priorities that
strengthen the region, while sharing findings and
costs
Determine market-based fare schedules designed to
reduce or eliminate government subsidy
11
Exihibt B-2
SOUTHWEST METRO TRANSIT Phone 612.934.7928
8080 Mitchell Road,Suite 104,Eden Prairie,MN 55344 FAX 612.949.8542
OVERVIEW
TRANSIT ENHANCEMENT PLAN
GOOD NEWS 'BUS DEMONSTRATION PROJECT
The PLAN:
• SMTC assumes responsibility to plan, fund (including future capital costs), and operate
transit services for its area, including Metro Mobility and reverse commute programs
• SMTC contributes greater share of its transit tax revenue to MCTO operations (12%vs.
10% now), and continues to share all of its tax base in support of council transit bonds
• SMTC continues to coordinate planning and operations with MCTO to assure full regional
integration of transit functions; MCTO continues to define transit service criteria, subject to
approval of Commissioner of Transportation, if SMTC objects to any specific criterion
• Other Regional Sponsors or cities may join, or implement similar programs,with consent of the
Governor
SMTC PLAN PROMISES:
• MORE TRANSIT SERVICE for SMTC cities and Twin Cities metro area
• BETTER TRANSIT SERVICE for SMTC cities and metro area(better tailored to customer
needs;decentralized decision-making)
• RELIEVES MCTO of transit operations that are very costly and very difficult for MCTO to
provide
• ENHANCES interagency planning, information exchange, and operations
• PRESERVES METRO MOBILITY and "reverse commute"service
• All at LOWER PUBLIC COST; increases SMTC contribution of transit tax revenues to
MCTO operations by 20% (increase m 10% of collections to 12%)
• ENABLES MCTO to avoid capital and operating costs, or alternatively to shift resources to
other regional needs
• BUILDS GOOD NEWS "SUCCESS STORY" for public transit
• ACHIEVES COLLATERAL OBJECTIVES of reducing S.O.V. miles, pollution and
congestion, and increasing access of economically disadvantaged people to wider range of
metro area employment and housing opportunities
• TESTS viability of evolving model for institutional transit sponsorship at very low risk to
existing structures, agencies, and programs
• OPENS PARTICIPATION to other interested Regional Sponsors
ll-► - e) t 12
A Joint Powers Agreement by and beiween the cities of Chanhassen,Chaska,and Eden Prairie.
eb SOUTHWEST METRO TRANSIT Phone 612.934.7928
0
8080 Mitchell Road,Suite 104,Eden Prairie,MN 55344 FAX 612.949.8542
GOOD NEWS BUS Exhibit B-3
Program Summary
The Southwest Metro Transit Commission, a joint powers entity of the cities of Eden
Prairie, Chanhassen and Chaska, has proposed an initiative that would create a
demonstration "Good News Bus" partnership program with the Metropolitan Council.
The six year demonstration project's regional objectives are:
• TRANSIT REDESIGN - It allows the Council to focus more on the needs of transit
dependent users in the high density areas, and allow SMTC to pursue a more flexible
hands on market driven approach in the suburban areas.
• TAX COLLECTIONS AND DEBT LEVY - SMTC contributes more property tax
collections (estimated to be an additional contribution of $650,000 over the 6-year
period) to the regional system and continues to pay toward regional debt levy.
• RELIEVES THE COUNCIL OF PRIMARY TRANSIT RESPONSIBILITY - The cost of
Metro Mobility transfers from state funding to SMTC as does Capital bonding
obligations.
• REGIONAL GOALS/STANDARDS REMAIN - The Council continues to monitor,
examine and investigate the transit systems linkages.
• DESTINATION: JOBS - Increased access to jobs by inner-city residents.
The six year demonstration project's local, objectives are:
• LOCAL TRANSIT TAX LEVYING - Shifts the responsibility for tax levying and bonding
back to the three communities - including public hearing.
• MARKET DRIVEN, PARTNERSHIP MODEL - Reduces costs while expanding service
delivery; reduces or eliminates any operating subsidies.
• IMPROVED PUBLIC CONFIDENCE - Shifts focus away from negative emphasis to
"Good News Bus" developments.
• SPECIAL TRANSPORTATION OPPORTUNITIES - SMTC can further develop its
priorities in the areas of Metro Mobility, reverse commute opportunities and other
programs with regional priority.
• OPENS DOOR FOR OTHERS - Provides procedures under which others can follow
(Governor and Council determine, not a legislative, time-restricted process).
(12/19/95)
Tafe3 0 13
A Joint Powers Agreement by and between the cities of Chanhassen,Chaska,and Eden Prairie.
.
Exhibit B-4
SOUTHWEST METRO TRANSIT
WIN-WIN Solution :
MCTO SMTC
Focus on Urban Transit Focus on Diverse, Market-
driven, Transit Needs
Predominately Transit Ridership of Choice
Dependent
Transit Redesign: Urban Transit Redesign:
Based Suburban Based
Less Cost Effective Proven Substantially
in Suburbs Less Expensive
Performance Standards Positive and Workable
Relationship
Increased Revenue Local accountability
from Property Taxes Public Hearing
Full Debt Service Bonding Ability
Levy Intact Stabilized Revenue Source
Labor Union: ATU Labor Union: Teamsters
14
l`!
Exhibit B-5
Why did Southwest Metro Act?
After anticipating this, and planning for several years, the elements presented
themselves...
• The Transit Hub project - development issues
• The strike experience - cost savings
• The rolling stock acquisition - ownership of a fleet of buses
• Three member cities on board, willing to take risk
• Team assembled (legal expertise, financial advisors, lobbying expertise)
• Provided for other Opt-Outs
• Minimal negative cost impact on region *
• Operationally able to absorb special projects - metro mobility, reverse
commute
• Desire to get initiative into this session, and not wait until 1997
* CONTRACT AND FAREBOX REVENUES - 1996
Replacement (Opt-Out) Service
1996 CONTRACT FAREBOX i TOTAL
Maple Grove 911,777 455,275 1,367,052
MN. Valley 5,235,464 1 ,465,653 6,701,117
Plymouth 1,689,705 140,086 1,829,791
Shakopee 393,000 0 393,000
Southwest Metro 2,483,113 228,700 2,711,813
TOTAL 10,713,059 2,289,714 13,002,773
12/19/95
i Estimated revenues from 1996 Management Plans
15
int B. Is
Exhibit C
EXPLANATION OF PROPOSED BILL •
REGARDING SOUTHWEST METRO TRANSIT COMMISSION
I. OVERVIEW.
The proposed legislation has two objectives:
A. Demonstration Partnership Program. The proposed legislation
establishes a demonstration "good news bus" partnership program between the
Metropolitan Council (the "Council") and the Southwest Metro Transit
Commission (the "Commission"). For a six year trial period, the relationship
between the Council and Commission is restructured to allow for (i) the Council
to focus more on the needs of transit dependent users in high density areas and
(ii) the Commission to pursue a more flexible, hands on market driven approach
in satisfying the transit needs of the suburban areas served by the Commission.
This market driven approach will allow the Commission to attract more riders of
choice (as distinguished from transit dependent users) at less real public cost per
passenger, to serve the needs of the elderly and other transit dependent users
located within the suburban area and to provide transit dependent users in the
core city metropolitan area better public transit access to employment
opportunities within the suburban area. The demonstration program relieves the
Council of primary responsibility for providing public transit (including metro
mobility) in the cities of Chanhassen, Chaska and Eden Prairie (the "joint powers
cities"), shifts that responsibility to the Commission and the joint powers cities
and reallocates between the Council and the Commission the transit tax levying
authority on property in the joint powers cities. This provides (i) local
accountability of elected officials in providing public transit for the joint powers
cities and (ii) a steady and predictable revenue source from this tax base for both
the Council and the Commission.
B. Sufficient Authority to Meet All Transit Needs. To allow the joint
powers cities to vest in the Commission, through the joint powers agreement,
adequate authority for the Commission to provide for public transit services and
the acquisition and development of properties acquired by the Commission in
connection with that mission.
II. DETAILED EXPLANATION
Section 1. This provision contains all applicable definitions, establishes the
Commission as a public corporation and grants to the Commission the powers of
306355.E 16
a redevelopment agency and the authority to apply anytra sit tax funds received
by it to the payment of the Commission's transit system costs.
Section 1, subdivision 1. Definitions. Identifies the subdivisions
containing applicable definitions.
Section 1, subdivision 2. Cities. Includes all cities or governmental
units which may become a party to the joint powers agreement. Currently
these joint powers cities are the Cities of Eden Prairie, Chanhassen and
Chaska. (Note that under Section 2, subdivision 12, no other governmental
units may become a party to the joint powers agreement without the prior
consent of the Metropolitan Council.)
Section 1, subdivision 3. Commission. The Southwest Metro Transit
Commission.
Section 1, subdivision 4. Commission Transit System Costs.
Embraces all operating, capital and financing costs of the Commission,
including debt service costs.
Section 1, subdivision 5. Contractor. Includes any person who
provides transit services for the Commission under a purchase of services
agreement with the Commission.
Section 1, subdivision 6. Council. Metropolitan Council.
Section 1, subdivision 7. Existing Capital Cost Contracts. The
Commission has entered into contracts and will, prior to the effective date
of the legislation, enter into one or more additional contracts with the
Metropolitan Council to provide for the payment of certain capital costs of
the Commission's transit system. This definition picks up all those
contracts.
Section 1, subdivision 8. Existing Subsidy Contract. This contract
governs the current contractual arrangement between the Council and the
Commission under which the Council exercises control over the operations
of the Commission in exchange for the transit tax subsidy.
Section 1, subdivision 9. Joint Powers Agreement. This is the
agreement under which the joint powers cities spell out the powers which
the Commission may exercise on their behalf. The definition picks up any
future amendments.
306353.6 17
Section 1, subdivision 10. Market Value Adjustment Ratio. This is
the same adjustment ratio used in the existing law to limit the amount of
transit taxes the Council may levy in any year for general purposes, except
that the changes in ratio are based solely on market value changes
occurring within each joint powers city.
Section 1, subdivision 11. Redevelopment Agency. Describes
redevelopment agencies called port authorities under the port authority
laws.
Section 1, subdivision 12. Termination Date. July 1, 1996, which is
the date on which the existing operating contract is terminated under the
proposed legislation.
Section 1, subdivision 13. Transit Tax Revenues. This definition
tracks the existing definition of tax revenues currently used under the law
to make transit tax subsidies available to replacement transit cities. The
law limits that subsidy to 90% of the revenues raised from such a transit
tax on taxable property within the replacement transit city. Under the
proposed legislation, the subsidy for the joint powers cities is limited to
88% of those revenues (with adjustments for changes in market value) and
the power to levy such a transit tax is transferred from the Council to the
Commission.
Section 1, subdivision 14. Public Corporation. Establishes the
Commission as a public corporation acting on behalf of the cities in
accordance with the joint powers agreement and provides that any
proprietary interest in property previously acquired by the Commission will
vest in the Commission as a public corporation.
Section 1, subdivision 15. Additional Powers. Grants to the
Commission all development agency powers (except the power to cause the
city to levy taxes which is separately treated under Section 2, subdivision
7). The exercise of these powers is subject to such limitations, if any, as
may be imposed under the joint powers agreement. The cities which are
parties to the joint powers agreement are also granted the powers of a
development agency city. These powers include the power to issue bonds.
However, the Commission may issue bonds pledging the full faith and
credit of the city only if the city adopts an ordinance allowing for such a
pledge. Subdivision 15 also provides that any transit tax subsidies provided
either under existing law or under the demonstration program discussed
306355.6 18
below may be used to pay any Commission transit system costs, including
debt service on bonds issued by the Commission.
Section 2. Demonstration Partnership Program. This section spells out all
of the elements of the demonstration restructuring program.
Section 2, subdivision 1. Policy. Underscores that the proposed
legislation is intended to better serve the transit policy and goals previously
set by the legislature.
Section 2, subdivision 2. Termination of Existing Subsidy Contract
and Substitution of Performance Standards. Terminates as of July 1, 1996,
the Council's direct contractual control over the Commission's operations
through its existing subsidy contract but requires that the Council continue
to remit for the balance of 1996 90% of all transit tax revenues as
permitted under existing law. From and after the termination date,
performance standards replace the contractual control mechanisms. If the
Commission does not approve the standards, they can only be imposed on
the Commission if the Commissioner of Transportation approves the
standards and does not waive compliance in a specific situation. The
Commissioner of Transportation is given authority to specify the
procedures and actions to be followed in establishing the standards and in
bringing the Commission into compliance with them.
Section 2, subdivision 3. Stand Still and Override. To minimise
disruption prior to the termination date, the Council must secure the
Governor's consent before the Council may exercise contractual control
over the Commission's operations through enforcement of the existing
subsidy contract or reduction or delay of the amount of funding
contemplated thereunder. From and after the termination date, current
laws governing the relationship between the Council and the Commission
are made applicable only to the extent provided in the proposed legislation.
Section 2, subdivision 4. Coordination, Consolidation and Sharing of
Resources. Imposes an obligation on both the Council and the
Commission to cooperate with each other to coordinate public transit
operations. The Commission is also obligated to provide such information
as the Council may require to provide adequate information to potential
transit users and to investigate and, if feasible and cost effective, undertake
consolidation and sharing of transit services with school districts and other
providers in the region served by the Commission.
19
306353.6
Section 2, subdivision 5. Service Plan. Imposes on the Commission
a continuing obligation to update annually its service plan for review by the
Council in the same manner contemplated in the existing law.
Section 2, subdivision 6. Special Transportation Markets and
Service. Imposes duty on Commission to (i) continue to undertake
programs to provide better access to places of employment within the
region for transit disadvantaged or dependent persons and to coordinate
these programs with the Council and (ii) provide within the joint powers
cities metro mobility transit service and to coordinate those programs with
the Council.
Section 2, subdivision 7. Local Funding,of Transit Services. Sets
forth certain provisions regarding local funding of the Commission transit
system costs.
(a) Commission Levy. Authorizes the Commission to levy a
transit tax upon taxable property within each joint powers city in an
amount that the Commission determines is necessary to pay the city's
share of the Commission transit system costs. The maximum transit
tax revenues that may be produced by such a levy, however, is
limited to 88 percent (instead of 90 percent as permitted under
current law) of the revenues that would otherwise have accrued to
the Council if that portion of the transit tax levy had been made by
the Council instead of the Commission as permitted under current
law and which the Council could have remitted to the joint powers
city (or Commission on its behalf) under the current replacement
transit law. This is achieved by calculating the maximum
Commission levy as the maximum amount permitted for the previous
year, adjusted to reflect the upward or downward any percentage of
change in market value since the last year on all taxable property
located in the joint powers city. In the first tax levy year (1996), the
prior year amount is the maximum amount the joint powers city
could receive in 1996 under existing law except that the percentage
of transit tax revenues is 88 percent instead of the 90 percent
permitted under existing law.
(b) City Levy. The joint powers city may, in its sole
discretion, levy upon all taxable property within the city a
discretionary transit tax for any additional amount the Commission
determines is necessary to pay for the city's share of the Commission
transit system costs.
306355.6 20
la 20
(c) Disposition of Transit Tax Proceeds. Proceeds of any
transit taxes levied by a joint powers city must, upon receipt, be
remitted to the Commission.
(d) Protection from Levy Limits. Both the Commission and
city transit taxes are exempted from any levy limits that may
hereafter be imposed by law unless that law specifically includes
those transit taxes.
(e) Public hearings. Requires that the Commission and the
joint powers cities conduct a public hearing on the Commission's
proposed annual budget before it is adopted.
Section 2, subdivision 8. Regional Funding of Public Transit. Allows
for the Metropolitan Council to make additional financial assistance
available to the Commission or any contractor if the Council determines
that such assistance serves public transit policy and goals set forth in
existing law. Although the Commission does not contemplate invoking this
provision, it provides the Metropolitan Council the flexibility of providing
such assistance if the Council determines that such assistance makes sense
in a given situation.
Section 2, subdivision 9. Exemption from Taxation. Grants to the
Commission the same exemption from taxation that is granted to the
Council under Minnesota Statutes, Section 473.394.
Section 2, subdivision 10. Inapplicable Override. Makes the
override provisions inapplicable to Minnesota Statutes, Section 473.375,
subdivision 11, relating to ride sharing, Section 473.382, relating to local
planning and development programs, and Sections 473.399 to 473.3998,
relating to light rail transit.
Section 2, subdivision 11. Metropolitan Council Bonding and
Payment of Capital Costs. Relieves the Metropolitan Council from any
obligation to bond for any part of the Commission's capital costs except as
provided in existing capital cost contracts or as the Council in its sole
discretion agrees to furnish under subdivision 8. The tax base of properties
within the joint powers cities will, nevertheless, contribute to the debt
service costs of all Council bonds, Subdivision 11 also empowers the
Council to require that the Commission take such action as the Council
deems appropriate to protect the tax exempt status of Council bonds.
306355.6 21
v i i f 2.I
Section 2, subdivision 12. Additional Cities. Requires the
Governor's consent to any other governmental units becoming parties to
the joint powers agreement. This allows the demonstration program to
apply to any other cities which may become parties to the joint powers
agreement but only if the Governor consents to such additional party.
Section 2, subdivision 13. Information for Council. Imposes duty on
Commission to semi-annually provide the Metropolitan Council such
information about the Commission's public transit services as the Council
finds is necessary to determine the effectiveness of the performance
standards. Imposes other record keeping duties and access to records
comparable to the contractual duty now imposed by the Council under the
existing subsidy contract.
Section 2, subdivision 14. Public Accountant: Audits. Imposes on
the Commission auditing requirements comparable to the requirements
currently imposed by the Council under the existing subsidy contract.
Section 2, subdivision 15. Inspections. Grants to the Metropolitan
Council the same inspection rights granted to the Council under the
existing subsidy contract.
Section 2, subdivision 16. Surveys. Grants to the Metropolitan
Council the same rights to require surveys as are granted to the Council
under the existing subsidy contract.
Section 2, subdivision 17. Petition for Similar Authority. Sets forth
procedures under which the Governor may make other "replacement
transit" cities and combinations thereof subject to the provisions of Section
2. Before the Governor can invoke such authority, (i) the replacement
transit city (or cities) must petition for such authority and (ii) the Governor
must find in the order granting such authority that the replacement transit
city (or combination thereof) has provided public transit in an efficient and
effective manner and that the granting of such authority will advance the
policies and goals of the existing public transit law.
Section 2, subdivision 18. Expiration. Since the provisions in
Section 2 are intended to be operative for a six year trial period (tax
payable years 1997 to 2002), all of the provisions in Section 2 sunset on
January 1, 2003, except for the provision in subdivision 17.
306355.6 22la@3
Section 3. Deduction of Local Transit Levy for Replacement Transit
Cities. This provision takes into account that the maximum transit tax that the
Commission may levy within any joint powers city (or other governmental unit
under Section 2, subdivision 17) is intended to replace a like amount of transit
taxes that the Council may levy within the city for general purposes. To achieve
this result, the amendment would work each year as follows:
(1) The Council would calculate the amount of transit taxes)t
would need to levy for general purposes in a given year (for example,
$40,000,000).
(2) The Council would then calculate the maximum transit tax that
the Commission may levy within each joint powers city.
(3) In allocating the $40,000,000 of transit taxes among the various
counties in the metropolitan area, the Council is required to take into
account that in allocating a portion of that amount to each joint powers
city, the Council and the county auditor must deduct from the portion that
would otherwise be allocated to that joint powers city the maximum transit
tax that could be levied by the Commission upon taxable property within
the city in that year, as if it were included in that portion of the Council's
levy allocable to the city. The net effect of making the deductions is that
the portion of the $40,000,000 that would have been allocated to the joint
powers cities but for the deduction will be reallocated to all the other cities
in the metropolitan transit taxing district.
Section 4. Effective Date. The act only becomes effective after the
governing bodies of the three joint powers cities have approved the act upon
compliance with the standard local consent provisions.
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