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HomeMy WebLinkAboutCity Council - 02/20/1996AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 20, 1996 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorf"mnson, Jr., and Nancy Tyra-Lukens 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 Ric Rosow, and Council Recorder Jan Nelson DONATION OF THREE AUTOMATIC EXTERNAL DEFIBRILLATOR FROM FAIRVIEW AUXILIARY, FAIRVIEW SOUTHDALE HOSPITAL MEDICAL STAFF, FAIRVIEW FOUNDATION, AND THE FAIRVIEW FOUNDATION ANESTHESIA FUND PROCLAMATION PROCLAIMING EDEN PRAIRIE VARSITY DANCE TEAM RECOGNITION WEEK IN EDEN PRAIRIE, FEBRUARY 26 -MARCH 1, 1996 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS n. OPEN PODIUM m. MINUTES A. CITY COUNCIL/STAFF WORKSHOP REGARDING NSP ISSUES HELD TUESDAY. FEBRUARY 6.1996 B. CITY COUNCIL/BRA MEETING HELD TUESDAY. FEBRUARY 6. 1996 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST City Council Agenda Tuesday, February 20, 1996 Page Two B. 2ND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 2.32 FOR ISSUANCE OF CITATIONS C. RESOLUTION AMENDING RESOLUTION NO. 96-1. REGULATING FEES AND CHARGES FOR MUNICIPAL SERVICES FOR CITY CENTER AND COMMUNITY ROOMS D. 2ND READING OF AN ORDINANCE AMENDING PARK USE ORDINANCE. CITY CODE SECTION 9.04 E. 2ND READING OF AN ORDINANCE CHANGING STREET NAME OF OLD COUNTY ROAD 18 F. 2ND READING OF AN ORDINANCE AMENDING CITY CODE CHAnER 2. SECTIONS 2.10. 2.16. 2.21 AND 2.29 RELATING TO BOARDS & COMMISSIONS G. SUNNYBROOK WOODS by Stephen J. Kroiss. 2nd Reading of an Ordinance for Zoning District Change from Rural to RI-13.5 on 4.0 acres; and Approval of a Developer's Agreement for Sunnybrook Woods by Stephen J. Kroiss. Location: North side of Sunnybrook Road. (Ordinance for Zoning District Change) H. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR BIRCH ISLAND ACRES 2ND ADDITION FOR PUBLIC IMPROVEMENTS AND ORDERING ADVERTISEMENT FOR BIDS. I.C. 96-5396 I. APPROVAL OF RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF MULTI-FAMILY HOUSING REYENUE REFUNDING BQNDS IN THE AMQUNT OF $886.000 FOR OLYMPIC RIDGE PROJECT V. PUBLIC HEARINGSIMEETINGS A. ROGER'S COMMERCIAL GUIDE PLAN CHANGE by Roger Lindeman. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.91 acres. Location: 9125 Flying Cloud Drive. (Resolution for Comprehensive Guide Plan Change) Continued from February 6, 1996 B. BLUFFS EAST 16TH ADDITION -LOT 1. BLOCK 1 by Hustad Land Company. Request for Rezoning from RM-6.5 to RI-13.5 on 0.4 acres. Location: Franlo Road and Normandy Crest. (Ordinance for Rezoning from RM-6.5 to RI-13.S) City Council Agenda Tuesday, February 20, 1996 Page Three C. SOUTHWEST METRO TRANSIT HUB by Southwest Metro Transit Commission. Request for Comprehensive Guide Plan Change from Public Open Space to Regional Commercial on 8.5 acres, PUD Concept Review on 22 acres, Zoning District Change from Rural to C-Reg-Ser on 8.5 acres and PUD District Review, Site Plan Review on 8.5 acres and Preliminary Plat of 22 acres into one lot. Location: South of Highway 5, north of Technology Drive and west of Prairie Center Drive. (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance for Zoning District Change and PUD District Review, and Resolution for Preliminary Plat) D. VACATION 96-02; SNOW FENCE EASEMENT AT6SQ9FLYING CWUDDRIVE (Resolution) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 6. BY AMENDING SECTION 6.06. SUBD. 5. RELATING TO THE PLACEMENT OF SNOW OR ICE IN A PUBLIC RIGHT-OF-WAY VIll. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. Third Ouarterly Rtalort from Senior Issues Task Force B. Preliminary Recommendations for Habitat for Humanity Housin& Project X. APPOINTMENTS A. ARTS COMMISSION -2 Appointments for terms commencing April 1, 1996 - March 31, 1999 B. BOARD OF ADJUSTMENTS & APPEALS - 3 Appointments for 3-year terms commencing April 1, 1996 -March 31, 1999 C. ENYJRQNMENTAL & WASTE MANAGEMENT COMMISSION -2 Appointments for 3-year terms commencing April 1, 1996 -March 31, 1999 D. FLYING CWUD AIRPORT ADVISORY COMMISSION -2 Appointments (1 citizen representative and 1 Flying Cloud Business rep) for 3-year terms commencing April 1, 1996 -March 31, 1999 E. HERITAGE PRESERV A TION COMMISSION -2 Appointments for 3-year terms commencing April11996 -March 31, 1999 F. HUMAN RIGHTS & DIVERSITY COMMISSION -2 Appointments for 3-year terms commencing April 1, 1996 -March 31, 1999 City Councn Agenda Tuesday, February 20, 1996 Page Four G. PARKS. RECREATION & NATURAL RESOURCES COMMISSION - 3 Appointments for 3-year terms commencing April 1, 1996 -March 31, 1999 H. PLANNING COMMISSION - 2 Appointments for 3-year terms commencing April 1, 1996 -March 31, 1999 XI. REPORTS OF OFFICERS A. REPORTSOFCOUNCUU»E~ B. REPORT OF CITY MANAGER 1. Set date for Annual A wards Banquet C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES 1. Conce.pt Plan and Cost Estimate for Miller Park Skatin& Rink 2. Duck Lake Manalement Plan 3. Natural and Scenic Grant Promm D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Beamath Public Access E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Approval of Water, Sewer and Storm Water Utility Enterprise Budlet for 1996 2. Storm Drainale Problems in the Westwind Addition of the Preserve (Continued from 12/19/95) 3. Resolution Autborizinl Disposal of Tax Forfeited Land F. REPORT OF CITY ATTORNEY G. DIRECTOR OF ASSESSING XU. OTHER BUSINESS xm. ADJOURNMENT MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: James G. Clark, Chief of POli~ DATE: February 7, 1996 SUBJECT: Donation of (3) Automatic External Defibrillators (AED) Fairview Southdale Hospital Officials will be attending the February 20th City Council meeting to present the City with a donation of three Automatic External Defibrillators to be used by our emergency medical responders. This donation is a collaborative effort by four Fairview Southdale groups, Fairview Auxiliary, Fairview Southdale Hospital Medical staff, Fairview Foundation, and the Fairview Foundation Anesthesia Fund. The Police and Fire Departments will begin training toward certification in the use of Automatic External Defibrillators within the next few weeks. It is anticipated that AED units will be in service by the first part of March. Hennepin County EMS Education Staff will provide the training for our staff. They have indicated to us that "AED's in the hands of first responders can increase survival from cardiac arrest by 25%." Clearly this technology can be a dramatic life-saving tool. Representatives of the Police and Fire Departments will be in attendance to accept the donation and present Fairview with a plaque. cc Chuck Schaitberger Andy Rohde Eden Prairie Varsity Dance Team Recognition Week in Eden Prairie WHEREAS, Eden Prairie High School Varsity Dance Team of sixteen, coached by Paula Smude and Assistant Coach Donna Butterbauh, was selected from a field of many to perform at the National Dance Team Championship in Orlando the weekend of the February 3 -4, 1996; and WHEREAS, in the Porn Division, EPHS Varsity Dance Team's performance advanced them automatically to finals. In this category, the EPHS Varsity Dance Team demonstrated strength and agility to display a superior performance over 140 challenging teams and took First Place and was proclaimed National Champions; and WHEREAS, in the Jazz Funk Division, EPHS Varsity Dance Team's performance advanced them automatically to the finals. In this category, the EPHS Varsity Dance Team Placed Second out of a field of over 75 teams; and WHEREAS, the title of National Champions brings great pride to EPHS, the City of Eden Prairie and it's citizens during the month of "EP Loves It's Kids"; and WHEREAS, team members Anna Bachman, Jenny Casey, Casey Clement, Kelly Clement, Deanna Donahue, Crystalyn Downey, Becky Kantar, Allyson Kerns, Cate Lantz, Jenny Mattke, Morgan Monaco, Jenny Nelson, Keely Olson, Kirsten Ruliffson, Noami Sorich and Jennie Veland are truly champions and will be respected by all who hear this proclamation. NOW, THEREFORE, I, Jean L. Harris Mayor of Eden Prairie, do hereby proclaim the week of February 26 -March 1, 1996, as Eden Prairie Varsity Dance Team Recognition Week in Eden Prairie FURTHER, I urge all the citizens of Eden Prairie to support the team at the upcoming State Competition during the weekend of March 22, 1996 at the University of Minnesota, and again congratulate them on their National Championship Title. Jean L. Harris, Mayor UNAPPROVED MINUTES SPECIAL CITY COUNCIL MEETING WORKSHOP TO DISCUSS NSP ISSUES OF UNDERGROUNDING DISTRIBUTION LINES, FRANCHISE FEES, AND DEVELOPER AGREEMENTS TUESDAY, FEBRUARY 6, 1996 COUNCILMEMBERS: CITY COUNCIL STAFF: ROLLCALL All members were present. I. CALL MEETING TO ORDER 6:00 PM, HERITAGE ROOM IV 8080 Mitchell Road Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson, Jr. and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Public Works Gene Dietz, City Engineer Al Gray and Council Recorder Jan Nelson Mayor Harris called the meeting to order at 6:15 p.m. II. DISCUSSION ON NSP ISSUES OF UNDERGROUNDING DISTRIBUTION LINES, FRANCHISE FEES, AND DEVELOPER AGREEMENTS Director of Public Works Dietz presented a video showing the various types of distribution lines in the City. Harris asked if there are priority areas for undergrounding. Dietz said County Road 4 and Anderson Lakes Parkway are priorities. He said NSP has estimated $23 million to underground everything, so the issue is to deal with undergrounding when we are dQing a road project. Dietz reviewed the question of installing transmISSIon tower monopoles versus undergrounding the distribution lines. He thought NSP would entertain a compromise from their development agreement to install the monopoles. Case asked what our bargaining chip is regarding replacing the lattice poles. Dietz said the I CITY COUNCIL WORK SESSION MINliTES February 6, 1996 Page 2 monopoles would probably average about $300,000 apiece, or a total of $3-$5 million for replacing all of them. Dietz met with Stu Fraser of NSP who said he was authorized to offer $1.5 million. Dietz said it could be in the form of a cash payment to spend as we want and that we might expect to negotiate in the area of 50% of the cost for monopoles. NSP would like to see payment split over three to five years. Dietz said it would be possible to put some of the funds towards the School District's costs for the new access to the High School and the intersection at County Road 4. The School District has about $800,000-900,000 in the budget for the poles and the new intersection. Case asked if they will expand County Road 4 to four lanes up to the bridge. Dietz said they agreed that the road would narrow down to two lanes as soon as possible after the new intersection, but we are expecting a proposal from Westwood Engineering in the next 60 days for continuing four lanes to Hillcrest Court. Dietz said we could spend some NSP dollars on upgrading Valley View Road and County Road 4 in order to do that work concurrently with the School intersection work. The cost would be about $750,000, of which the County would pay a portion. Tyra-Lukens asked if we would check NSP's estimate on the cost for the monopoles. Thorfinnson said NSP is probably looking at $1.5 million as half of the $3 million lower-end estimate; however, the cost could be the higher figure of $5 million. He noted that we would not have to spend all of the money at once even if it comes as a one time revenue; however, we need to be careful how we designate the fund. Harris said she would like to help the School District, but she thought a special assessment should be considered if there is an overage on that work. Case said his preference would be to use some of the money for NSP-type things, and he thought undergrounding is a big issue. Thorfinnson said we don't know what other priorities might be down the road, so he would be reluctant to earmark a lot of money for separate things. Dietz suggested that we put a caveat to consider only projects being reconstructed. Thorfinnson said he would like to know the actual cost for the monopoles in order to have a basis for negotiation. Dietz said we could get a cost estimate from a consultant, we could ask NSP for an estimate and have it evaluated by a private firm, or we could ask them for copies of bids for the poles they are doing. Enger said this reinforces the necessity of labeling this as infrastructure and need versus wants. We haven't yet earmarked capital maintenance and capital improvements plans but both could absorb $2-$2.5 million. He suggested that Staff return somewhere down the line with suggestions so that a large portIOn is earmarked. 2 CITY COUNCIL WORK SESSION MINlJTES February 6, 1996 Page 3 Harris said she did not have a problem with maintaining a "rainy day" fund and having a list of projects that, on a periodic basis, we could decide on. Dietz reviewed the alternatives for providing standby power at the water plant and the possibility of a franchise fee. He said a metered rate fee would generate about $0.5 million per year and could be used for undergrounding or street lights. Case said we should have good reasons for imposing a franchise fee since it is another tax, and residents have indicated undergrounding is a good reason. He thought we should go to the community and say that, as we are in the process of converting our roads from two to four lanes, we will assess a fee for ten years to pay for the undergrounding. He thought we would have a hard time putting the funds into a general account, since we would have to go to the community to explain why we did not use them as originally intended. Thorfinnson said he would like to see a list of all the other areas that will be improved at some time and that could be potential projects for undergrounding. He thought cutting the franchise fee in half might go a long way towards meeting the demands. Case said we should run the figures to see what would be more palatable and what we would need over a ten-year period. Dietz said the rules for franchise fees are written so that if we impose these on NSP we have to impose equal amounts on other energy suppliers. Jullie asked what Edina has done. Dietz said they have set up the franchise fees but have not imposed them. Dietz noted that we are talking about undergrounding distribution lines, not neighborhood lines. Tyra-Lukens asked if a neighborhood could petition for undergrounding. Jullie said everyone in the neighborhood would have to spend the money. Dietz said it would be difficult to get neighborhood consensus. Dietz said we have to let NSP know tomorrow about Anderson Lakes Parkway. Thorfinnson said he was reluctant to go ahead without the money in hand. Dietz said that project is the least expensive and will be about $70,000. Thorfinnson said the Council should have the opportunity to evaluate any offer from NSP. Dietz said he will bring back the standby power issue as one of the potential projects and will recalculate the figures on the franchise fee to generate about $0.25 million per year to do the undergrounding or install new street lighting. III. OTHER BUSINESS 3 CITY COUNCIL \VORK SESSION MINUTES February 6, 1996 Page 4 IV. ADJOURNMENT Harris adjourned the meeting at 7: 15 p.m. UNAPPROVED MINUTES JOINT EDEN PRAIRIE CITY COUNCIL AND HOUSING & REDEVELOPMENT AUTHORITY TUESDAY, FEBRUARY 6,1996 COUNCILMEMBERS: HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens Ronald Case, Jean Harris, Patricia Pidcock, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens 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 Mayor Harris called the meeting to order at 7:30 p.m. All members were present. PRESENTATION OF 1994 OUTSTANDING ACHIEVEMENT AWARD FOR PEDESTRIAN SAFETY FROM AAA Joanne Boche, Traffic Safety Manager for AAA in Minneapolis, presented the City with the City with the 1994 Outstanding Achievement Award for Pedestrian Safety. L APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI. A. 1. Report from Southwest Metro Transit. Case added items XI. A. 2. Request for Update on Status of Art Center Task Force, XI.A.3. Request for Update on Status of Tree PreseO'ation Task Force. XI.A.4. Request for Update on Bearpatb Trail Access Issue, and XI.A.S. Possible City CounciVSchool Board Ioint Meetjn&. Tyra-Lukens added item XI.A.6. Tobacco Le&islation. Thorfinnson added items XI.A.7. Orientation for New Board and Commission Members and XI.A.S. Workshops. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the agenda as published and amended. Motion carried unanimously. I CITY COUNCIL MINUTES February 6, 1996 Page 2 ll. OPEN PODIUM ill. MINUTES A. CITY COUNCIL MEETING BELD TUESDAY. JANUARY 2. 1996 Thorfinnson clarified the second paragraph of Page 3 by changing it as follows: " ... about the historical rationale for the retained earnings fund balance II • MOTION: Case moved, seconded by Thorfinnson, to approve the minutes of the City Council meeting held Tuesday, January 2, 1996, as published and amended. Motion carried unanimously. B. JOINT WORK SESSION CITY COVNCILIHENNEPIN COUNTY COMMISSIONER RANDY JOHNSON HELD TUESDAY. JANUARY 16, ~ MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes ofthe Joint Work Session City CounciIlHennepin County Commissioner Randy Johnson held Tuesday, January 16, 1996, as published. Motion carried unanimously. C. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 16, 1996 Pidcock said the spelling of Mr. Brad Farnham's name should be corrected in paragraph 3 of page 9, paragraph 5 of page 10, and paragraph 2 of page 11. She said the fourth paragraph of page 11 should read " ... would be funding both lobbyists or would we fund them individually. II Harris said the third and fourth items on page 12 should be denoted as items 3 and 4, respectively. MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, January 16, 1996, as published and amended. Motion carried unanimously. D. CITY COUNClllSTAFF WORKSHOP HELD TUESDAY, JANUARY 23,1996 MOTION: Pidcock moved, seconded by Thorfinnson, to approve the minutes of the City CounciVStaffWorkshop held Tuesday, January 23, 1996, as published. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE UST - ----------------- CITY COUNCIL MINUTES February 6, 1996 Page 3 B. 1ST BEADING OF AN ORDINANCE AMENDING ORDINANCE NO. 2.32 FOR ISSUANCE OF CITATIONS C. BESOWTION 96-22 RECEIVING PETITION AND AumORIZE FEASIBILITY STUDY FOR PUBUC IMPROVEMENTS TO WGHVIEW DRIVE. LAKELAND TERRACE AND LAKELAND CIRCLE. LC. 96-5406 D. APPROVE LICENSE AGREEMENT WITH DNR FOR UTILITY CROSSINGS OF RILEY CREEK IN BEARPATH 3BD ADDmON E. APPROYAL OF COOPERATIVE LAW ENFORCEMENT AGREEMENT F. RESOLUTION AMENDING RESOLUTION NO. 96-1. REGULATING FEES AND CHARGES FOR MUNICIPAL SERVICES FOR CITY CENTER AND COMMUNITY ROOMS G. RESOLUTION 96-23 AUmORlZING mE ISSUANCE AND SALE OF $1.340.000 VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REYENUE BONDS. SERIES 1996. FOR CHALLENGE PRINTING, INC. PROJECT H. 1st READING OF AN ORDINANCE AMENDING PARK USE ORDINANCE. CITY CODE SECTION 9,04 I. RESOLUTION 96-24 AMENDING BESOWTION NO. 96-1. REGULATING FEES AND CHARGES FOR THE COMMUNITY CENTER Case asked that item IV.B. 1ST BEADING OF AN ORDINANCE AMENDING ORDINANCE NO. 2.32 FOR ISSUANCE OF CITATIONS be removed from the Consent Calendar and discussed as item XI.C.3. Regarding item C, Thorfinnson wondered why we are doing a Feasibility Study at this time since service will not be available until some time in the future. Alan Gray said Staff has met with the neighborhood and they are aware we might come to the conclusion that it may be three to four years. Gray said the study will explore alternate ways to get utilities to the neighborhood. Thorfinnson then asked if this is totally dependent on MUSA line expansion. Gray said they are within the MUSA line. For item F, Thorfinnson asked for clarification of the fees and charges for use of City Center Meeting Rooms and Community Rooms because it appeared we may be charging non-profit groups more than non-resident individuals and businesses. Jullie said the schedule was worked up to recover our direct costs for the civic groups. Thorfinnson specifically questioned the $35 set-up fee listed only in the Group I (non-profit) fees. Jullie said they need to research this issue and return with an explanation. Thorfinnson then asked that item F. RESOLUTION AMENDING 3 CITY COUNCIL MINUTES February 6, 1996 Page 4 RESOLUTION NO. 96-1. REGULATING FEES AND CHARGES FOR MUNICIPAL SERVICES FOR CITY CENTER AND COMMUNITY ROOMS be removed from the Consent Calendar. MOTION: Pidcock moved, seconded by Thorfinnson, to approve Item A, Items C-E, and Items G-I of the Consent Calendar, with Item B to be reviewed as Item XI.C.3 and Item F deleted. Motion carried unanimously. v. PUBLIC HEARINGSIMEETlNGS A. KINDERCARE -SHADY OAK ROAD by Tandem Corporation. Request for Zoning District Change from Rural to Neighborhood Commercial on 1.7 acres, Site Plan Review on 1.7 acres and Preliminary Plat of 4.83 acres into 2 lots. Location: City West Parkway and Shady Oak Road. (Ordinance for Zoning District Change and Resolution 96-25 for Preliminary Plat) Erik Johnson, representing Kindercare Learning Centers and Tandem Properties, reviewed the proposal. Assistant City Manager Enger said the Planning Commission reviewed the proposal at their January 8, 1996, meeting and recommended approval on a 7-0 vote, subject to the recommendations of the Staff Report of January 5, 1996. He reviewed the recommendations contained in the report. Director of Public Works Dietz said there are some outstanding issues on the site and suggested the issues of the NURP pond be resolved between 1 st and 2nd Readings. Pidcock expressed concern about locating child care facilities next to gas stations. She thought there should be some warning given to parents that it is not good for children to be exposed to the lead in gasoline. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve the 1 st Reading of an Ordinance for Zoning District Change from Rural to Neighborhood Commercial on 1. 7 acres~ to adopt Resolution 96-25 for Preliminary Plat approval of 4.83 acres into 210ts~ and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. ROGER'S COMMERCIAL GUIDE PLAN CHANGE by Roger Lindeman. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.91 acres. Location: 9125 Flying Cloud Drive. (Resolution for Comprehensive Guide Plan Change) CITY COUNCIL MINUTES February 6, 1996 PageS Jullie said we received a request from Roger's Commercial today to continue the hearing to the February 20th meeting. MOTION: Pidcock moved, seconded by Thorfinnson, to continue this item to the February 20, 1996, meeting. Motion carried unanimously. C. COLUMBINE TOWNBQMES by CornerstonelEquities LLC. Request for Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres, PUD Concept Amendment on 15.3 acres" Zoning District Change from Rural to RM-6.5 on 3.3 acres, PUD District Review on 3.3 acres, Site Plan Review on 3.3 acres, and Prelimiruuy Plat of3.3 acres into one lot, and request of the Council and Housing and Redevelopment Authority for approval of a Tax Increment Financing (TIF) Plan and Project Plan for the Columbine Townhomes. Location: Columbine Road, North of the Post Office. (Resolution 96-27 for Comprehensive Guide Plan Change, Resolution 96-28 for PUD Concept Amendment, Ordinance for Zoning District Change and PUD District Review and Resolution 96-26 for Preliminary Plat, and Resolution 96-29 for the City Council approving Tax Increment Financing Plan and Project Plan, and Resolution BRA 96-1 for the Housing and Redevelopment Authority (BRA) adopting Tax Increment Financing Plan and Project Plan) Mayor Harris announced that this will be a Joint Public Meeting involving both the City Council and the Housing & Redevelopment Authority (lIRA). She then convened the HRA for this project, stating that we will have the Council hearing and the required HRA meeting conducted simultaneously. Jullie said the official notice for this Public Hearing was published on January 25, 1996, in the Eden Prairie News and mailed to 19 property owners within the project area. The proposed site plan for this project shows 32 multi-family units on 3.3 acres located along Columbine Road north of the Post Office site. These units would provide housing with rents affordable for persons with incomes below 60% of the median income for the metro area. It is proposed that the City would use its Tax Increment Financing authority, which is essential for the feasibility of this project. All 32 units proposed can be credited toward meeting the City's Livable Communities affordable rental housing goal of20 units for 1996. Colleen Carey of Cornerstone Group gave an overview of the project. Pidcock asked if the units will provide affordable housing for an extended period of time. Carey replied they will provide affordable housing for a minimum of 15 years, and there is an extended use agreement for a total of 30 years. Dennis Sutliff, representing BRW, reviewed the details of the project. Tyra-Lukens asked if the handicapped accessible units will have wider doorways. Sutliff said those units will meet the requirements for handicap units and will meet 5 -------------------------------------------------- CITY COUNCIL AGENDA February 6, 1996 Page 6 ADA requirements. Case then asked if there will be one such unit per building, with a total of eight in the complex. Sutliff said there can be as many as eight; however, they plan to build two units with all the accessories, and the other six will be structurally adaptable. Pidcock asked about the security of the units. Sutliff said it will be similar to other townhomes, and will comply with federal and state guidelines that cover the kinds of hardware and other details. Thorfinnson questioned the parking that is planned since there will probably be two or more cars with the three bedroom units. Sutliff said they exceed the zoning ordinance for parking if the parking available on the street is included. Enger said the Planning Commission reviewed the project at their December 11, 1995 meeting and voted unanimously to recommend the zoning district change, subject to the recommendations in the Staff Report of December 8, 1995. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project at their December 18 meeting and recommended approval, per the December 8th Staff Report. Harris asked when Columbine Road will go through. Dietz said this is one of the TIF financing projects. They are looking at options to get through the last segment of property, possibly next year. Harris said she wanted to be sure it is still on the priority list. Gary Fields, representing Springsted Financial, gave an overview of the Tax Increment Financing Plan that is needed for this project in order to make the financing available. He said a total of $337,500 of assistance will be provided to developers. Tyra-Lukens asked ifwe approved the CDBG allocation last spring. Thorfinnson said we have been setting aside block grant money for this type of thing. Pidcock questioned whether one of the transit buses would be able to tum around in the project. Sutliff said he was not sure of the turning radius of the buses, but it can accommodate a fire truck. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. MOTION: Thorfinnson moved, seconded by Pidcock, that the HRA adopt ResolutionHRA 96-1 adopting the Project Plan for Redevelopment Project Area No. 4 in the City of Eden Prairie and Tax Increment Financing Plan for Tax Increment Financing District No. 12. Motion carried unanimously. {, CITY COUNCIL AGENDA February 6, 1996 Page 7 MOTION: Thorfinnson moved, seconded by Pidcock, to close the lIRA meeting. Motion carried unanimously. MOTION: Thorfinnson moved, seconded by Pidcock, that the Council adopt Resolution 96-29 relating to Redevelopment Project Area No.4 and Tax Increment Financing District No. 12 approving the Project Plan and a Tax Increment Financing Plan therefore; to adopt Resolution 96-27 for Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres; to adopt Resolution 96-28 for PUD Concept Amendment on 15.3 acres; to approve lst Reading of the Ordinance for Zoning District Change from Rural to RM-6.5 on 3.3 acres, and PUD District Review on 3.3 acres; to adopt Resolution 96-26 for Preliminary Plat of3.3 acres into 1 lot; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF AN ORDINANCE CHANGING STREET NAME OF OLD COUNTY ROAD 18 Jullie said the Heritage Preservation Commission (HPC) recommends that the frontage road paralleling County Road 18 be named Hennepin Town Road. Pidcock asked if research was done on the names of property owners along the road. She said she thought this item should be continued until the next meeting in order to get more input before deciding. Harris asked how we should go about getting more input. Pidcock said we should also get input on the names of native American bands that existed in this area as well as input from other sources. Tyra-Lukens thought we have set up a system for the HPC to come up with street names, and she liked the name Hennepin Town Road. Case agreed that we have put a system in place to get HPC input for street names and noted that the HPC considered names of all of the property owners along the road as well as native American names. He said the name Hennepin Town Road recognizes the old town of Hennepin that was south of the current Riverview Road. MOTION: Case moved, seconded by Tyra-Lukens, to approve 1st Reading of the Ordinance designating the frontage road paralleling County Road 18 from Riverview 1 CITY COUNCIL AGENDA February 6, 1996 Page 8 Road to Anderson Lakes Parkway to be named Hennepin Town Road. Pidcock said she thought it was redundant to have Hennepin as a street name in Hennepin County. Thorfinnson said we gave the HPC responsibility to put names on streets; however, the problem here is that we don't have the background that led to their decision. If the Council had that information, it would be easier to see the process the HPC used to arrive at their recommendation. Harris suggested that the information given by Councilmember Case be made available to the Council in the next packet, and that we ask the HPC to provide such background information in their next process. VOTE ON THE MOTION: Motion carried unanimously. B. 1ST READING OF AN ORDINANCE AMENDING CITY CODE CHAPIER 2. SECTIONS 2.10. 2.16. 2.21 AND 2.29 RELATING TO BOARDS & COMMISSIONS Jullie said the proposed amendments are pursuant to past Council actions relating to our various boards and commissions. The changes incorporate the new Housing, Transportation & Social Services Board, and change the term for office of appointees from March through the last day of February to April 1 through the 31st of March. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve 1st Reading of an Ordinance amending City Code, Chapter 2, Sections 2.1, 2.6, 2.21 and 2.29. Motion carried unanimously. VIII. PEmIQNS. REOUESTS AND COMMUNICATIONS A. REOUEST FROM TOM MORGAN FOR A MARCH 12. 1996 HEARING DATE TO APPEAL VARIANCE #95-31 Jullie said Mr. Morgan is appealing the decision of the Board of Adjustments & Appeals regarding his request for a setback variance. The Board denied the request on a tie vote. Staff recommends that March 12th be set as the date for a Public Hearing to review the request for variance. MOTION: Tyra-Lukens moved, seconded by Pidcock, to set March 12, 1996, as the date to review Variance Request #95-31. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS ---~---------------------- CITY COUNCIL AGENDA February 6, 1996 Page 9 A. REPORTS OF COUNCILMEMBERS 1. Report from Southwest Metro Transit Pidcock reported that the Southwest Metro Transit legislation involving the "Good News" Bus has been dropped for this year. She thought it was an educational experience for the legislature to learn how Southwest Metro has developed their transit system and handled their own finances. She said the Suburban Transit Association (STA) bill has been passed in the house and now is going to the Senate. Pidcock will continue to update the Council on the progress of the S T A bill. 2. Request for Update on Status of Art Center Task Force 3. Request for Update on Status of Tree Preservation Task Force 4. Request for Update on Bearpath Trail Access Issue Case asked Staff to provide updates on these three items at the February 20th meeting. 5. Possible City CounciVSchool Board Joint Meetin: Case said he has had discussions with staff from the School District regarding some issues on the High School expansion as well as other issues that we have in common with the School District. He thought we could benefit from a joint meeting to discuss issues such as High School student parking, County Road 4, Community Center fees and other items. A joint meeting would also provide an opportunity to discuss issues with the new superintendent. MOTION: Case moved, seconded by Pidcock, to direct Staff to contact School District officials to set up a Joint Workshop session as soon as possible. Motion carried unanimously. Harris asked Councilmembers to give Staff their suggestions for issues to be covered at the meeting so that they can prepare an agenda. Pidcock said that Mr. Lambert told Southwest Metro they would have to move the Park and Ride facility to the south side of Valley View Road. She said they will not be able to accomplish that by February 12 because it will take more time to complete the required process of notification about the change. Lambert said he understood. 6. Tobacco Le&islation Tyra-Lukens said there are strong bills being considered by both House and CITY COUNCIL AGENDA February 6, 1996 Page 10 Senate this year regarding youth access to tobacco. The House bill has language that limits a city's ability to make more stringent restrictions. She suggested that Councilmembers call our representatives to let them know we would like to have the ability to make a stronger local ordinance than the House bill provides. She noted that time was of the essence for those calls. 7. Orientation for New Board and Commission Members Thorfinnson reviewed plans for the orientation of new Board and Commission members that will occur in March. A pre-Council meeting workshop is planned for the first meeting in March for Staff liaisons and new members. There will also be an orientation meeting given by the Staff liaison for each Board and Commission to provide more specific background on current activities, meeting procedures and by-laws. Pidcock asked if all of the members of the Boards and Commissions will be asked to come in for the Council workshop. Thorfinnson said it is just for new members and will be a general orientation done in part by the City Manager and the Mayor and in part by the City Attorney. 8. Worksbops Thorfinnson distributed a list of workshop dates and topics that he worked up in order to get the workshop calendar established for the year. He thought the topics could be subject to change, but the dates should remain firm. Councilmembers discussed the attendance that would be required for the workshop sessions. Harris said there will be some meetings where it will be important to have a full Council in attendance, such as the budget meeting or other sessions at which information is passed that will impact policy decisions. MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt the proposed schedule, with some flexibility to be allowed regarding the proposed topics. Motion carried unanimously. B. REPORT OF CITY MANAGER 1. City Manaier Performance Review Process Harris noted that last September we accepted a report from Councilmembers Thorfinnson and Tyra-Lukens presenting a revised process for the City Manager's Performance Review. City Manager Jullie provided information in the FYI packets as input for the review process. She suggested that the two Councilmembers who developed the revised process be asked to perform the review. If) CITY COUNCIL AGENDA February 6, 1996 Page 11 MOTION: Pidcock moved, seconded by Case, to appoint Councilmember Tyra-Lukens and Councilmember Thorfinnson to serve on the Performance Evaluation team. Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACDJTIES 1. Letter from Thomas Lindquist relaminl Duck Lake Lambert reviewed the letter of January 7, 1996, from Mr. Lindquist in which he asked the City'S assistance in a snow removal effort on Duck Lake to improve the dissolved oxygen content of the lake to help prevent winter kill of the fish population. The issue was reviewed at the Parks Commission meeting on February 5, 1996, and lengthy discussions were held with the residents. The Parks Commission voted approval on a 5-1 vote of the following recommendations to the Council: 1. Authorize Staff to work with the neighborhood and the DNR to develop a management plan and to pursue the issue of providing public access to the lake so that the DNR could manage the lake. 2. Authorize Staff to develop a plan to assist neighbors in clearing up dead fish this spring if there is the severe fish kill that is expected. He noted that Staff is recommending managing Duck Lake only if the DNR is part of the partnership, and the DNR will do that only if there is a public access to the lake. If an arrangement is made, the City would provide the electricity and maintain the aerator. Regarding the issue of public access, he said the DNR defines public access to occur when the general public has the same right to use the lake as the residents that live there. At this time there are two undeveloped properties on the lake. One of the two is under development at this time, and we could request land in lieu of park fees in order to provide the public access. We would need to notify the developer immediately if that is what we choose to do. In addition, there is a narrow strip ofland on the north shore adjacent to Duck Lake. Trail that provides public access to the lake for pedestrians~ however, it has no parking lot or public boat access to the lake. Harris asked what the costs will be for the public access and for the ongoing costs of aeration, and whether neighbors would be willing to participate in the cost. Lambert said that if there is a public access, the aerator would be free~ however we would have to install and operate it. The operational costs of the aerator would be relatively low and it would cost $2,000 to create a launch and parking for two cars. Harris asked what we are doing about aeration on other lakes. Lambert II CITY COUNCIL AGENDA February 6, 1996 Page 12 replied that we have aeration on three other lakes--Red Rock Lake, Mitchell Lake and Round Lake. He said we run the systems in November and December until the lakes freeze up. He noted that both Red Rock Lake and Mitchell Lake have portable systems. Thomas Lindquist, 16750 Baywood Terrace, thanked the Council for hearing his request and for considering measures that could save the lake in future years. Case asked Mr. Lindquist if the neighbors would want to stay with the current pedestrian access or would want the public access Mr. Lambert described. Lindquist said the de facto public access exists now; however, they would be concerned that gasoline-powered boats not be allowed on the lake. Lambert said that, if we provide the public access, we would have a hearing with the neighbors there and would recommend there be no motors or electric motors only. Tyra-Lukens asked if the City stocks lakes. Lambert said the DNR will stock if there is a public access. Pidcock then asked if the DNR stocks Red Rock Lake and Mitchell Lake. Lambert replied that they monitor those lakes and will stock if it is needed. Case said he liked the long term solution to get the DNR involved, but he would like to see the figures on paper as to what we will lose in cash park fees. Lambert said there are 16 lots at $1200 per unit on the Rogers property. Thorfinnson was concerned that access from the Rogers property won't be easy since the development is already in review. Harris said she was interested in investigating the possibility ofland in lieu of cash park fees; however, she felt it was problematical to ask the developer for land at this point. Lambert said we could also go to the DNR and negotiate with our current pedestrian access. 2. Storm Damaged Tree Hauling Policy Referring to his memo of February 6, 1996, Lambert said Staffwould like some direction from Council regarding the policy of removing trees that were damaged during the recent ice storm. Staff recommends that a policy be set that would limit City tree hauling to emergency hauling of those trees that have fallen across public trails or roadways, plus diseased trees and also other storm damaged trees whenever the City Council has designated staff to do so after a severe storm. MOTION: Case moved, seconded by Tyra-Lukens, to adopt the policy regarding storm damaged tree hauling, as proposed in the Staff Report of I~ CITY COUNCIL AGENDA February 6, 1996 Page 13 February 6, 1996. Motion carried unanimously. 3. Fint Beadina of an Ordinance Amendina Ordinance No. 2.32 for Issuance of Citations Case said he thought that the issue of giving citations has wider implications and that it should be reviewed with the School District. Lambert said we are talking about restrictions from 7:00 a.m. to 2:30 p.m. when school is in session only, and City staff discussed this with school staff. MOTION: Case moved, seconded by Pidcock, to approve 1 st Reading of an Ordinance amending Ordinance No. 2.32 for Issuance of Citations. Pidcock noted there is a bill before the legislature that generally bars students from driving to school except for work related situations. She thought this issue has an impact on people trying to go to the Community Center. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY G. DIRECTOR OF ASSESSING 1. Appointment of Special Board ofReyiew and SeUina1996 Meetina Date for Thunday. April 25. 1996 at 7:00 PM Jullie referred to the Staff Report of January 30, 1996 from Steve Sinell recommending Thursday, April 25, 1996 at 7:00 p.m. be set as the date for the 1996 Board of Review. The names offour members for the Board of Review were suggested in the memo, with Staff to recruit a fifth member for Council appointment. Pidcock noted that she submitted a name for the fifth member. Jullie said we have been trying to reach that person. MOTION: Pidcock moved, seconded by Tyra-Lukens, to set Thursday, April 25, 1996, at 7:00 p.m. for the 1996 Board of Review meeting; to appoint Mike Best, Annette O'Connor, Phil Olson and Dick Sager to the Special Board of Review; and to direct the City Manager and Director of Assessing to recruit a fifth member, Ms. Carol Standal, subject to her acceptance to serve. Motion carried unanimously. 1'3 CITY COUNCll.. AGENDA February 6, 1996 Page 14 xu. OTHER BUSINESS MOTION: Pidcock moved, seconded by Case, to close the meeting to a closed session with the City Attorney. Motion carried unanimously. The meeting was closed at 9:35 p.m. At 9:45 p.m. Mayor Harris reopened the meeting following the closed session. xm. ADJOURNMENT MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 9:46 p.m. 14 DATE! er-: m; CITY COUNClL AGENDA 1II;;.r;8 SECTION: CONSENT CALENDAR 2-20-96 DEPARTMENT: l1L,\I1 DESCRIPTION: lTEMNO. Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTr·1ENT HEADS RESPONSIBLE FOR THE LICENSED ACTIV'ITY. ON SALE t~I NE -STRONG & 3.2 BEi:R Fuddruckers (subject to receipt and Dept. approval of appl ication, Part II "Personal Information" for restaurant manager) CONTRACTOR (MULTI-FAMILY & CIJ~1M.) Barclay, Ltd. Develooment Carlson LaVine, Inc. Carpenter Construction, Inc. Cycle Software Services Hi-Tech Installations, Inc. K M Building Comoany Lumonics Corporation Prairie Electric Company Roncor Construction Steiner Development Twin City Specialty Contracting United Properties Construction WSF Management, Inc. PLur1B ING Aqua City Plumbing Alta t1echani ca 1 B & D Plumbing & Heating Bredahl Pl umbi ng Burgess Plumbing & Heating Century Plumbing, Inc. Clear Soft Water Conditioning I Commers Conditioned Water Co. I Leon Duda Plumbing Services i Elander Mechanical, Inc. Faci 1 i tech Cliff Fadden & Sons General Plumbing & Heating Gopher Mechanical Contractors Hilgers Plumbing & Heating K & K Heating & Plumbing I· McGuire Mechanical Services I AdioDiDiredion: 2-20-96 paqe 1 ~PLUMBINR continued) Minnesota Plumbing & Heating Jim Murr Plumbing, Inc. Nybo Peterson Pl umbing Co. ~ichael Peterson Plumbing Pokorny Comoany Roto-Rooter Services Co. Sutherlund Plumbing ~ Heating Swanson & Schiager Plumbing ',Tim's Quality Plumbing, Inc. Whelan-Davis Co., Inc.· Hi dmer, Inc. GAS FITTER AL ta Meehan i ca 1 Ditter, Inc. Leon nuda Plumbing Services Elander Mechanical, Inc. General Plumbing & Heating, Inc. K & K Heatinq ~ Plumbing, In~. Minnesota Plumbing & Heating Po korny Comoany Riccar Heating & Air Conditioning Roto-Rooter Services Comoany HEATING & VENTILATING Alta Mechanical B & D Plumbing & Heating Ditter, Inc. Elander Mechanical, Inc. Environ Con, Inc. K & K Heating· & PLumbing, Inc. Minnesota Plumbing & Heating Pokorny Company Riccar Heating & Air Conditioning J. Smith Heating & Air Conditioning DATE: CITY COUNCIL AGENDA 2-20-96 SECTION:. CONSENT CALENDAR DEPARTMENT: ITEM DESCRIPI'ION: lTEMNO. Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARn1ENT HEADS RESPONSIBLE FOR THE LICENSED ACTIViTY. UTILITY INSTALLER K & K Heating & Plumbing, Inc. Lennon Excavating, Inc. Widmer, Incorporated WATER SOFTENER Clear Soft Water Conditioning Clearwater Systems Commers Conditioned Water Co. Minnesota Plumbing & Heating SCAVENGER Roto-Rooter Services Company REFUSE HAULERS A W Disposal Aagard Environmental Sanitation Aspen Waste Systems, Inc. Browning Ferris Industries C & J Roll Off Service Corp. Dick's Sanitation Service Independent Dumpster Services Lightning Disposal, Inc. Quality Waste Control R & W Ron Off Service, Inc. Randy1s Sanitation, Inc. Vasko Rubbish Removal, Inc. l~aste Management -Savage Woodlake Sanitary Service, Inc. 3.2 BEER OfF SALE Oasi s Ma.rket ActioDiDirectioc 2-20-96 page 2 MECHANICAL GAMES American Amusement Arcades Gina Maria's Pizza Lion ' s Tap COMMERCIAL KENNEL Anderson Lakes Animal Hospital Kingdale Kennels '. PRIVATE KENNEL Eric Kangas Dan Peters & Jean Mueller Robert 0 I Connor Marc Yahn CIGARETTE Driskill's New Market Eden Prairie 66 Fabulous Freddy1s Mark1s Amoco -Mitchell Road Ma.rk' Arooco -Aztec Dri ve r1ark ' s Amoco -Flying Cloud Drive Oas i s Market Shady Oak Fina Shinders Book Store W. Gordon Smith Co. Snyders ~rug Store # 54 Snyder Drug Store # 87 T.L.C. Cafe Target Store Tota 1 r1art I II tofa 1 greens '~al-Mart EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96 SECTION: Consent Calendar ITEM NO. 111 B DEPARTMENT: Parks, ITEM DESCRIPTION: Second Reading of Amendment to Ordinance 2.32 Recreation and Facilities ~ Relating to Issuance of Citations Robert A. Lambert, Director BACKGROUND: The ftrst reading of: AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.32, RELATING TO THE ISSUANCE OF CIT A TIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. Was held on January 6, 1996. RECOMMENDATION: City staff recommends second reading of the above ordinance. BL:mdd ( ( CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.32, RELATING TO THE ISSUANCE OF CITATIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The Ci ty Code is amended by amending Section 2.32(4) in its entirety as follows: " 34. Communi ty Center Operations Supervisor ~~p.:~9'~;;~l~::::::;::~:n4. cbpfdiriators" Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penal ty for Violation" and Section 2.99 enti tIed "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of Feburary 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of -_____________________ , 1996. City Clerk Mayor PUBLISHED in the Eden Prairie News on the _______________ day of __________________ , 1996. f: \rfr\ordinance\ordv3M. 232 -;J- eden prauruii:! DEPARTMENT: CITY COUNCIL AGENDA SECTION: Consent Calendar Finance Department ITEM DESCRIPTION: Resolution Amending Resolution No. 96.1 Regulating Fees and Charges for Municipal Services BACKGROUND: DATE: 2/20/96 ITEM NO. -:JjJf2 On November 21, 1995, the City Council reviewed proposed changes in recreation program fees. Also reviewed at that time, were proposed amendments in room rental fees relating to the City Center meeting and conference rooms. The resolution now presented for Council approval officially makes these changes effective. The proposed changes are summarized as follows: 1) Groups were reorganized - Group I & II were combined to form Group I -Public Agencies, Non-profit & Civic Organizations. Group III became Group II -Eden Prairie residents & businesses. Group I & II-Non-community were combined to form Group III-Non-resident individuals, groups, commercial, non-profit, and business organizations. Old rates are in parenthesis on new fee schedule. 2) Prairie Rooms A & B, Atrium Conference Room, North Conference Room, Resource Room and Lower Atrium were added to the fee schedule as rooms available for evening rental. 3) Audio-visual equipment rental fee schedule was added. 4) A special user fee based on number of people, amount of space and type of activity may be required in some instances. Refundable, this fee was applied to cover unusual anticipated expenses associated with the user's program or event. 5) A $200 refundable damage deposit, in addition to the rental fee, shall be made by Group II and Group III. 6) General hours of operation are: Monday through Thursday, 7:30 a.m. to 10 p.m. and Friday, 7:30 a.m to 6 p.m. Special arrangements can be made for Saturdays, 8 a.m. to 12 Midnight and Sundays. If special staff is needed, a fee based on the number of hours and employee's hourly wage rate shall be charged. ActionlDirection: Approve the Resolution Amending Resolution No. 96-1 Regulating Fees and Charges for Municipal Services, Section 3.17-City Center Meeting Rooms & Community Rooms Rental Fees. J ----. ---------------------------------------- TO: THROUGH: FROM: DATE: SUBJECT: MEMORANDUM Mayor and Councilmembers Bob Lambert, Director Parks, Recreation and Facilities Department Barbara Penning Cross Manager of Facilities February 13, 1996 City Center User Fee The intent of fees for reserving rooms at the Eden Prairie City Center is to give special consideration to public agencies, nonprofit groups and civic organizations which work for the betterment of Eden Prairie. It is also the intent to have these agencies cover direct costs associated with room rentals and eliminate the subsidy that the City has provided in the past. Set up charges for banquets and classroom style arrangements have been based on the actual costs to the City. Fees, user minimums and limits were also based on use patterns for the City Center. The resolution for City Center fees has been modified to serve as a stand-alone document rather than relying on the rental policy for explanation. The Heritage Room can be divided into four individual rooms. Each of these rooms is available at no charge for Group I users, provided they use the room "as set" in the standard set up. A $25 charge is recommended for all groups wanting the classroom or banquet set up arrangement. The set up charge for half the Heritage Room and the entire Heritage Room are based on actual costs. Group I users pay only set up charges. Group II and Group III users pay set up charges plus an hourly rate. An eight-hour limit is recommended for organizations for Group I, to prevent the group from monopolizing the room consecutive days and to promote evening use of the building. Minimum requirements are set for Groups II and III, as stated in the reservation policy. Groups in these categories generally reserve the room for longer periods of time. m-refee2 ------------------------------- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 96-1, REGULATING FEES AND CHARGES FOR MUNICIPAL SERVICES BE IT RESOLVED that Section 3.17 City Center Meeting Rooms & Community Rooms Rental Fees be amended to read as follows: Maximum capacity = 1DO No Charge, '2 $25lhour, "2 $3M1our, '2 Bhourtimit ( $2OIhr • $301hr) ( $30 6$501hr ) ($12. $201hr min) Maximum capacity = 200 No Charge,'3 $401 hour· first four hours, '3 $501hour • first four hours, '3 Bhourlimit $251hour each add'l. hour $251hour each add'i. hour ( $24 • $4OIhr min) $401hr • $601hr) ( $6OIhr 6$lOO1hr ) Standard Class Room $20hlour $30hlour $301hour • 4 hour minilTlJm Beverages & Snacks Only ( $48-1st 4hrs, ( $60-1.t 4 hrs, ($70. $100lhr ·1.t 4 hr. , $12 each add'i hr) $15 each add'i hour) $20 • $25 each add'l hr) Standard Conlerence = 18 After 4:30 -10 p.m., Monday-No Charge $25 Evening $ 15lhour Friday ( No Charge/Restricted useO ( Not Offered) Limited Availability City Priority Restricted Use Restricted Use Restricted Use Standard Set-up $50hlour $6OIhour -4 hour minimum $751hour -first lour hours, No FoodlBeverages (No Charge, ($4OIhr • 1 st 4 hrs, ($80' $1 OOIhr·1st 4 hrs) AV Technician Required, Restricted Use) $101 ... add'i hour) $1 DO/each addt hour w/Extra Charge ($20 • $251hr each add'l hr) Standard Conference = 10 After 4:30 -10 p.m, Monday -No Charge $25.£vening $15/hour Friday (Not Offered) (Not Offe .. cI) United Availability City Priority Standard Conference = 8 Alter 4:30 -10 p.m. No Charge $25/Evening $15ihour Monday -Friday (Not Off ... cI) (Not Offe .. cI) Umted AVailability City Priority Standard Conference = 8 Alter 4:30 -10 p.m. No Charge $25.£vening $ 15lhour Monday -Friday (Not Offe .. cI) NotOffe .. cI) United Availability City Priority 3 Limited Availability w/Speciai Arrangements Capacity = 100 Set·up Charge No Charge, *4 $15lhour, *4 (Not Offered) *1 -$25 set-up charge for classroom, banquet or special room arrangement *2 -$50 set-up charge for classroom, banquest or special room arrangement *3 -$100 set-up charge for classroom, banquet or special room arrangement *4 -$25 set-up charge (Bold) -1995 rates $20lhour, *4 (Not Offered) ..[ The Heritage Room is an official Emergency Shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly. With meal service - Cartering Charge Only $300/ first 4 hours ($200) $50lhour each add'i hour, plus catering charge With meal service - Catering Charge Only (No Dry Erase Baord (3' x 5') with markers $7.50 Easel $5.00 Flipchart/Dry Erase (24" x 30") with paper $10.00 Extra pad of paper $12.00 each Overhead projector $15.00 Podium, floor model $7.50 Podium, table top model $5.00 Slide projector with carousel $15.00 Screen, projection (tripod stand) S' xS' $10.00 Microphone/stand & speakers $15.00 Microphone, wiireless clip-on and $20.00 speakers TVNCR on cart $15.00 t( . $4oolfirst 4 hours, $75!hour($100) add'i hour, plus catering charge With meal service - Catering Charge Only (No Charge) Priority Rental Classifications Government -Any activity related to the operations of Eden Prairie's City government including, but not limited to, City Council, board and commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. People Reaching Other People (PROP) shall be included as the City's non-profit social services!food shelf agency. Group I -Public agencies, School District 272, civic organizations, S.W. Metro Transit, non-profit professional groups with City representation, Eden Prairie based groups which contribute to the well being and betterment of the community, and those businesses currently working with City projects. Group 1\ -*Eden Prairie residents and businesses. Group III (Non-community) -Non-resident individuals, groups, commercial, non-profit, and business organIzations. * A Community Group is Eden Prairie based if the user group has its mailing address or headquarters in the City of Eden Prairie, or has at least 75% of its' membership roster residing in Eden Prairie. NOTE: Eden Prairie residents and businesses may NOT make reservations for non-residents and non- Eden Prairie based businesses. ADOPTED by the City Council of the City of Eden Prairie on this 6th day of February, 1996. Dr. Jean Harris, Mayor ATTEST: ~~ ______________ ~SEAL John D. Frane, City Clerk 5 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96 0 ITEM NO. LV SECTION: Consent Calendar ----------------------------------~------------~I DEPARTMENT: Parks, ITEM DESCRIPTION: Second Reading of Proposed Revision to Park Use Recreation and Facilities ~!~inance, City Code Section 9.04 Robert A. Lambert, Director IJIt'- BACKGROUND: The fIrst reading of: AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 9.04, RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS BY AMENDING SUBD. 4 THEREOF BY ADDING AI., AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. Was held on January 6, 1996. RECOMMENDATION: City staff recommends second reading of the above ordinance. BL:mdd 1 c. ( l CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ? ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 9.04, RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS BY AMENDING SUBD. 4 THEREOF BY ADDING AI., AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 9.04, Subd. 4. is amended by adding AI. to read as follows: "AI. Go in, into, on or upon any part or area of a park, including but not limited to, ball and play fields, sliding hills, playgrounds,' or swimming beaches on or with respect to which a sign is placed containing information that such a part or area of a park is closed. " Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ~~~~~~ _______ ' 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ____________ , 1996. City Clerk Mayor PUBLISHED ln the Eden Prairie News on the _______ day of ___________________ , 1996. C:\wpSl\rap\-=plord\;;:ark,vio 2 DATE: 02120/96 EDEN PRAIRIE CITY COUNCIL AGENDA Ordinances & Resolutions ITEM NO: 1JJ E SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division Second Reading of Street Name Change Jim Richardson BACKGROUND: The first reading of: AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA TO RENAME THE FRONTAGE ROAD PARALLELING COUNTY ROAD 18. Was held on February 6, 1996. RECOMl\fENDATION: City staff recommends second reading of the above ordinance. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. BE IT ORDAINED by the Eden Prairie City Council that the service/frontage road paralleling County Road 18 from Riverview Road to Anderson Lakes Parkway shall be named: HENNEPIN TOWN ROAD FIRST READING at a regular meeting of the City Council of the City of Eden Prairie on February 6, 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on February 20, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk Publisbed in the Eden Prairie News on the __ day of ____ , 1996. CITY COUNCIL AGENDA DATE: SECTION: Consent Calander February 20, 1996 DEPARTMENT: HR ITEM DESCRIPTION: 2nd. Reading of an ITEM NO.IVF Ordinance Amending City Code Chapter 2, Sections 2.10, 2.16, 2.21 and 2.29 Requested Action: Approve 2nd reading of Ordinance amending City Code Chapter 2 by amending Section 2.10 chang ing term of office dates, and amending in its entirety Section 2.16, Subd. 1 & 2 changing title and duties, and renumbering Section 2.21 as Section 2.29, adopting a new Section 2.21 establishing a Housing, Transportation and Social Services Board, and adopting by reference City Code Chapter 1 and Section 2.99. Background: The modifications to Chapter 2, are based on the decision made by City Council in spring 1995 to restructure the Human Rights and Services Commission into two new bodies: the Human Rights and Diversity Commission (rev. Sec 2.16) and the Housing Transportation and Social Services Board (new sec. 2.21). The modifications to Section 2.10 reflect the City Council's requesting of staff to change the term of office for Commission appointees from March 1 through the last day of February to April 1 through the 31st of March. To accommodate these and any future modifications Section 2.21 Municipal Cemetery was renumbered to Section 2.29. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.10 BY CHANGING TERM OF OFFICE DATE, AND AMENDING IN ITS ENTIRETY SECTION 2.16, SUBD. 1 & 2 BY CHANGING TITLE AND DUTIES, AND RENUMBERING SECTION 2.21 AS SECTION 2.29, ADOPTING A NEW SECTION 2.21 ESTABLISHING A HOUSING, TRANSPORTATION AND SOCIAL SERVICES BOARD, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISION. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Section 2. City Code Chapter 2, Section 2.10 is amended by deleting March land inserting the date April 1 and by deleting the words "the last day of February" and inserting the words "March 31" all on line six thereof. City Code Chapter 2, Section 2.16 is amended in its entirety as follows: SECTION 2.16. HUMAN RIGHTS AND DIVERSITY COMMISSION. Subd. 1. Establishment and Composition. A Human Rights and Diversity Commission, composed of seven (7) members, is hereby established for the purpose of securing for all citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of the City by developing local programs and assisting the Minnesota Department of Human Rights in implementing State laws against discrimination. Commission members shall serve staggered three (3) year terms. Subd. 2. Duties. Duties of the Human Rights and Diversity Commission are to: A. Adopt bylaws for the conduct of its affairs. B. Perform the responsibilities assigned to it in any current work share agreement which it has entered into with the State Department of Human Rights. C. Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and to educate the community in order to eliminate discrimination and inequalities. D. Advise the Mayor, the Council and other agencies of the government on human relations and civil rights issues and problems. Act in an advisory capacity to the City on issues of diversity, civil and human rights. Recommend the adoption of specific policies of actions as are needed to ensure equal opportunity in the community. E. Advises the City Council on community issues related to the Americans with Disabilities Act and reviews and investigates alleged violations submitted to the City via the ADA Grievance procedures as adopted by City Council on March 8, 1994. F. G. Section 3. Section 4. Provide a forum for all citizens to express ideas concerning human rights and diversity within the community. Advises the City Council on community issues related to the American with Disabilities Act and reviews and investigates alleged violations submitted to the City via the ADA Grievance procedure as adopted by City Council on March 8, 1994. The City Code is amended by renumbering Section 2.21 as Section 2.29. The City Code is amended by adopting Section 2.21 as follows: SECfION 2.21. HOUSING, TRANSPORTATION AND SOCIAL SERVICES BOARD. Subd.1. Establishment and Composition. A Housing, Transportation and Social Services Board, composed of seven (7) members who shall be residents of the City, is hereby established for the purpose of integrating housing, transportation and social service planning efforts and resources to ensure that citizen needs are considered and adequately provided for and to advise the City Council on long-range strategies and programs appropriate. Subd.2. Duties. The duties of the Housing, Transportation and Social Services Board are to: Section 5. Section 6. A. Integrate the planning of development projects (including housing for low and moderate incomes, senior housing and care facilities, child care facilities) with a human service perspective. B. Ensures that human service needs and delivery systems are considered in the planning for future land uses, zoning changes and HUD projects. C. Maximize the use of City funds and special funding (Community Development Block Grant, Tax Increment Financing, Section 8 and Lawful gambling proceeds) to meet social service needs and minimize the role of the City as a direct funder of services. D. Identify transportation issues and develop and coordinate resources to meet transportation issues. E. Ensure that human service planning for the South Hennepin region reflects Eden Prairie community needs and interests through representation to the South Hennepin Regional Planning Agency. F. Identify and develop programs, services and resources to address special population needs. Provide for annual evaluation to ensure appropriateness and cost effectiveness. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. ------------------------- First read at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1996. CityClerk~ Mayor Published in the Eden prairie News on the ___ day of ______ , 1996. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-20-96 SECTION: 2ND READING . IYG ITEM NO. 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: • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to Rl-13.5 on 4.0 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Ordinance for Zoning District Change 2. Developer's Agreement I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. SUNNYBROOK WOODS AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the RI-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Rl-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter I, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of February 20, 1996, entered into between Stephen J. Kroiss and the City of Eden Prairie, and which Agreement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and pUblication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of January, 1996, finally read and adopted and ordered published in summary form as attached hereto at a regular meeting ofthe City Council of said City on the 20th day of February, 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ------------------------~ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. SUNNYBROOK WOODS 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: Sumrnat:y: This ordinance allows rezoning of land located at the North side of Sunnybrook Road from Rural to RI-13.5 on 4.0 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean 1. Harris Mayor PUBLISHED in the Eden Prairie News on the ______ _ (A full copy of the text of this Ordinance is available from City Clerk.) . ~~Exhibit A Sunnybrook Woods I Legal Description West 266.10 Feet of Tract D, RLS No. 756, Hennepin County, MN. DEVELOPER'S AGREEMENT Sunnybrook Woods TIllS AGREEMENT, made and entered into as of February 20, 1996, by Stephen Kroiss, LLP a General Partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to RI-13.5 on 4.0 acres and Preliminary Plat of 4.0 acres for construction of 7 lots and 1 outlot, 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 and Resolution No. 96-18, Preliminary Plat. Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated January 5, 1996, reviewed and approved by the City Council on January 16, 1996, 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. 30 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. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to the release of the final plat, Developer shall submit a Conservation Easement for review and approval by the Director of Parks, Recreation and Natural Resources, as shown on Exhibit B. A copy of the Conservation Easement is attached as Exhibit D. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer shall deliver and record the Conservation Easement in the Hennepin County Recorder'slRegistrars Office and 5 t shall provide evidence of the recording of Conservation Easement prior to the release of the fIrst building permit. 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 pennit 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. 6. LANDSCAPE PLAN: Prior to building pennit 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. 7. REMOV AUSEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any pennit for grading or building on the Property, Developer agrees to submit to the Chief Building Official and to obtain the Chief Building Official's approval of, plans for demolition and/or removal of existing structures, septic systems, and wells on the Property, and restoration of the property to grade. Prior to such demolition or removal, Developer shall provide to the City a certified check in the amount of $1 ,000.00 to guarantee the implementation of the approved plan. City agrees to return said certified check to Developer after the City verifIes that the approved plan has been implemented. --8. 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 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. Upon approval by the Chief Building Official, Developer agrees to implement the approved retaining wall plan, concurrent with the grading, street, and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall provide access easements, as determined by the Parks, Recreation and Natural Resources Director. Said sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the north side of Sunny brook Road from the east to west property line as depicted in Exhibit B, attached hereto. Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalks and trails, concurrent with street construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. Bonding in accordance with City code shall be required for sidewalk construction on Cascade Drive. 10. TREE LOSS -TREE REPLACEMENT: There are 1050 inches of significant trees on the property. Tree loss is calculated at 444 inches. Tree replacement required is 246 inches. Prior to the release of the firial plat, Developer shall submit to the City Forester and receive the City Forester's approval of a tree replacement plan for 246 inches. Said plan shall include replacement trees of a 3 inch diameter minimum size for a shade tree and a seven foot minimum height for conifer trees. Upon approval by the City Forester, Developer agrees to implement the tree replacement plan for 246 caliper inches prior to building permit issuance. 11. SPECIAL ASSESSl\1ENT AGREEl\1ENT FOR SUNNYBROOK ROAD: Developer agrees to enter into a Special Assessment Agreement for the upgrading of Sunnybrook Road. The Special Assessment Agreement is attached as Exhibit E. 7 DATE: 02/20/96 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: LV H. DEPARTMENT: ITEM DESCRIPTION: Improvement Contract No. 96-5396 Engineering Division Approve Plans and Specifications for Birch Island Acres 2nd Addition for Jeffrey Johnson Public Improvements and Ordering Advertisement for Bids Recommended Action: Staff recommends that the City Council adopt the resolution approving the plans and specifications for public improvements to Birch Island Acres 2nd Addition and authorize advertising for bids. Background: The City received a 100% petition for public improvements to the above referenced property and ordered preparation of plans and specifications. The public improvements include installation of sanitary sewer, watermain, storm sewer as well as installation of bituminous pavement and concrete curb and gutter. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, through H.T.P.O., Inc., has prepared plans and specifications for the following improvements to wit: I.C. 96-5396: Birch Island Acres 2nd Addition Public Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three (3) weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., March 8, 1996, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, March 19, 1996, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and flIed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5 % (five percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on February 20, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk DEPARTMENT: Finance Background: CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM DESCRIPTION: Remarketing of Olympic Ridge Bonds Series 1995C $886,000 DATE: 2/27/96 ITEM NO. IV.L The council gave final approval for these bonds at its August 15, 1995, meeting. This request is for permission to remarket (not refinance) these bonds. Because the market at the time of sale was not favorable to these bonds, one of the project owners purchased the bonds. The owner now desires to sell. The resale will be a private placement from the present bond owner to his family trust. Action/Direction: Approve resolution. February 27, 1996 Page 1 RESOLUTION NO. ___ _ AUTHORIZING THE SALE AND ISSUANCE OF MUL TIF AMIL Y HOUSING REVENUE REFUNDING BONDS, THE EXECUTION OF RELATED DOCUMENTS AND THE PERFORMANCE OF RELATED ACTIONS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Authorization and Recitals. 1.01 General Authority. Pursuant to Minnesota Statutes, Chapters 462A and 462C (the "Act"), the City authorized the issuance of its Multifamily Housing Development Revenue Bonds (Olympic Ridge Project), Series 1985 (the "Prior Bonds"), the proceeds from the sale of which financed the acquisition, construction, and equipping of a 143-unit multifamily rental housing facility located on Homeward Hill Road at the intersection of County Road No. 1 in the City (the Project"), which constitutes a "multifamily housing development" within the meaning of the Act. The City has adopted a housing plan and, with respect to the Project, a program, adopted on November 19, 1985 as required by the Act. On September --' 1995, the City issued its Multifamily Housing Revenue Refunding Bonds (Olympic Ridge Project), Series 1995C (the "Series 1995C Bonds"), in the approximate aggregate principal amount of $886,000. The Series 1995C Bonds were issued pursuant to a Trust Indenture, dated as of September 1, 1995 (the "Indenture"), between the City and First Trust National Association, as trustee (the "Trustee"), and the proceeds derived from the sale of the Series 1995C Bonds were applied to the redemption and prepayment of a portion of the Prior Bonds. All capitalized terms used in this Resolution (and not otherwise defined in this Resolution) shall have the meanings assigned to such terms in the Indenture. 1.02 Proposed Remarketina of the Series 1995C Bonds. The Project has been transferred to Neslund Family Limited Partnership II, a Minnesota limited partnership (the "Partnership"). The Partnership has proposed to remarket the Series 1995C Bonds and, in conjunction with this proposed remarketing of the Series 1995C Bonds, has requested that the City amend the Series 1995C Bonds and amend certain documents delivered in conjunction with the original issuance of the Series 1995C Bonds. 1.03 Documentation. Forms of the following have been prepared and submitted to this Council and are hereby directed to be filed: (a) Supplement Number One to the Trust Indenture (the "Supplement"); (b) Amendment Number One to the Loan Agreement (the "Amendment"); (c) Guaranty Agreement (the "Guaranty"); (d) Collateral Assignment of Life Insurance Policy (the "Assignment"); and (c) Series 1995C Bonds. The Supplement, the Amendment, the Guaranty, the Assignment, and the Series 1995C Bonds are hereby referred to collectively as the "Security Documents." Section 2. Findinjl and Approyal of Documents. Based on the foregoing, the City Council hereby determines that the proposed remarketing of the Series 1995C Bonds with the security contemplated in the Indenture, as amended by the Supplement, the Loan Agreement, as amended by the Amendment, and the other Security Documents furthers the purposes of the Act. The remarketing of the Series 1995C Bonds and the related transactions herein contemplated are in the interests of the City. The forms of each document listed in Section 1.03 are hereby approved and the execution and delivery by the City of the Supplement, the Amendment, and the Series 1995C Bonds (in the manner indicated in the Supplement, Amendment, and the Series 1995C Bonds) are hereby authorized and approved. Section. 3. Qfferin~ Documents. The City Council has been presented with a Placement Memorandum and consents to the use of the Placement Memorandum in substantially the forms presented to this City Council. The City Council also approves the use of the Placement Memorandum in its final form as completed to reflect the terms of the Security Documents, as herein approved. The City has not reviewed or participated in the preparation of the Placement Memorandum, has made no independent investigation with respect to the information contained therein, and assumes no responsibility for the accuracy or completeness of such information or such documents as finalized or amended. Section 4. The Bonds. Tenus, Sale and Execution. 4.01 Authorization Price. The City Council hereby authorizes the remarketing of the Series 1995C Bonds bearing the interest rate or rates as negotiated between the Partnership and the Underwriter (provided the aggregate principal amount shall not exceed $886,000 and no interest rate on the Series 1995C Bonds shall exceed ten percent per annum. Notwithstanding the foregoing, the sale of the Series 1995C Bonds shall be made on a private placement basis. 4.02 Terms. All terms of the Bond, including its interest rates, series, dates, maturity, place and medium of payment, principal amounts, registration privileges, redemption terms, manner of execution, form and other terms, covenants and conditions shall be as provided in the Indenture, as supplemented by the Supplement. 4.03 Execution. The Mayor and City Manager are hereby authorized and directed to execute the Series 1995C Bonds and the other Security Documents referred to above, to the extent the City is a party thereto, and the signatures of such persons are called for, and to deliver such Security Documents to the Trustee, together with the other documents, certificates, consents or instruments required of the City in the Indenture, as supplemented by the Supplement, or as may be appropriate to effect the transactions herein contemplated, but only upon satisfaction of the conditions precedent to the remarketing of the Series 1995C Bonds set forth in the Security Documents. Copies of all foregoing document, certificates, consents or instruments shall be delivered, filed and recorded as provided therein. 4.04 Modifications The approval hereby given to the execution and delivery of the Security Documents, including the Series 1995C Bonds, includes an approval of such modifications thereto, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney, Lang, Pauly & Gregerson, Ltd., prior to the execution and delivery of the same. The execution of any instrument by the appropriate officer of officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence or disability of any officer or employee of the City, any of documents authorized by this Resolution to be executed by such person may be executed by any other person who is otherwise permitted by law to execute such documents on behalf of the City. Section S. Authentication ofProceedin&s. The Mayor, City Manager and other officers of the City are authorized and directed to furnish to the Underwriter and Bond Counsel, certified copies of all proceedings and records of the City relating to the Series 1995C Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Series 1995C Bonds, as such facts appear from the books and records in the officers' custody or control or as otherwise known to them; and all such certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Section 6. Limitations of the City's Obli&ations. The Series 1995C Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation, and shall not be payable from nor charged upon any funds other than the revenues pledged to the payment thereof, and no holder of the Series 1995C Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay the Series 1995C Bonds or the premium, if any, or interest thereon, or to enforce payment thereof against any property of the City, other than those rights and interests of the City pledged therefor under the Indenture and the Supplement. The agreement of the City to perform the covenants and other provisions contained in this resolution or the Series 1995C Bonds, the Loan Agreement and the Amendment, and the Trust Indenture and the Supplement shall be subject at all times to the availability of revenues or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. Section 7. Effectiye Date. This Resolution shall become effective as of the date and time of its adoption. Adopted: February -' 1996 Approved: Mayor Attest: ~~:--______ _ City Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-20-96 SECTION: PUBLIC HEARINGS ITEM NO. V.A. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger ROGER'S COMMERCIAL GUIDE PLAN CHANGE Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Deny an Ordinance for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.91 acres. (Direct staff to prepare a Resolution with findings for denial.) Background: This is a continued item from the February 6, 1996 City Council meeting. The Planning Commission recommended that the Comprehensive Guide Plan change to Commercial be denied at the January 8,1996 meeting. The vote was 7-0. The Planning Commission felt that the area was adequately served by 3 convenience-gas stations and there would be impacts on the residential areas to the south. Supporting Reports: 1. Staff Report dated January 5, 1996 2. Planning Commission Approved Minutes of January 8, 1996 3. Resolution for Comprehensive Guide Plan Change g:\janlmikelreportslfmrogers. I ST AEF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner January 5, 1996 Roger's Commercial Guide Plan Change Roger Lindeman 9125 Flying Cloud Drive 1. Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial. ~ : .• : .;. LUNDS -:ENTER ADD . .......... . ............. . ................ . . , ................ . ........... . ................ -:.:-:.:-:.:-:.:-:.:.:-: . .......... . · . . . . . . . . . ...... .. · . . .... ... .. ...... ..... . .... · ................... . ...... . · ................. . ... ... . · ............... . ....... . ...... . · .................. . ............. ....... . · ....... . . .' .. . . . . . . · ...... . . . .. ... . ........ ...... . ...... . .. ..... . · . ..... . . ....... . Staff Report Roger's Commercial Guide Plan January 5,1996 BACKGROUND This property is currently guided Industrial and is zoned 1-2 Park. The property was rezoned from Rural to Industrial in 1987 for the purpose of constructing an auto body shop. The property was rezoned Industrial since it was guided Industrial and it was adjacent to guided and zoned Industrial property to the north. COMPREHENSIVE GUIDE PLAN CHANGE The decision to change the Comprehensive Guide Plan is a legislative decision of the City Council after an advisory recommendation from the Planning Commission. There should be compelling reasons for changing the Comprehensive Guide Plan. The property should remain guided Industrial for the following reasons: 1. There are two convenience gas stations within one-half mile of the site. There is an Amoco station at the intersection of Anderson Lakes Parkway and Highway 169, and a SuperAmerica at the intersection of Pioneer Trail and Highway 169. 2. This area of the community is adequately served by convenience gas and retail. The typical service area for convenience gas\retail (Neighborhood Commercial) is 1.5 to 2 miles. 3. A commercial use in this location would generate considerably more traffic than Industrial. Convenience gas, banks, and fast food restaurants are the highest traffic generators. 4. Commercial driveways opposite future residential land to the south will create traffic conflicts. The City Council did not support a rezoning for convenience gas on Dell Road and Highway 5 since there were existing townhomes on the south side of Cascade Drive. There are some existing houses to the south of this property and the site is currently guided Low Density Residential. This commercial project has the same zoning, transition, and traffic impacts as the Dell and Highway 5 Commercial project. 5. The property does not meet the minimum lot size requirement of 2 acres for Commercial. Although the City granted a variance for lot size less than 2 acres in the Industrial Zoning District, was an existing condition. The City has not granted variances for lot sizes less than 2 acres in Commercial areas. Staff Report Roger's Commercial Guide Plan January 5, 1996 STAFF RECOMMENDATION The Community Development staff would recommend that the Planning Commission send an advisory recommendation of denial to the City Council for the change in the Comprehensive Guide Plan from Industrial to Neighborhood Commercial. PLANNING COMMIS )N MINUTES January 8, 1996 Page 3 B. ROGER'S COMMERCIAL GUIDE PLAN CHANGE by Roger Lindeman. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.91 acres. Location: 9125 Flying Cloud Drive. Roger Lindeman stated he was the owner of Roger's Body Shop and he had initially purchased this property with the idea of expanding his business onto this site. However, he had decided that it was too close to his present location to open an additional body shop and he requested a change from Industrial to Neighborhood Commercial to allow for another business to be located on this property. Lynn Eichman stated they are proposing that it become a commercial use because the existing Body Shop services the area adequately. They propose that a convenience store/gas station be located on the site which would be advantageous for the traffic on Highway 169. He noted that the property to the north was zoned Industrial and they believe the proposed use would fit in well with this zoning classification. Wissner asked about the access to the site. Franzen reviewed the City's plan for a road to connect from Darnel Road to Sunnybrook with an access onto Highway 169 opposite from the Hennepin Technical College intersection. Franzen gave the staff report and noted that there are two gasoline/ convenience store operations located within a halfmile of the site, and staff believed that another similar use would not be the best use of the property. Staff recommended denial of the request based on the reasons listed in the staff report. The Public Hearing was opened. Jim and Sherry Simchuck, 9145 Flying Cloud Drive, noted they live immediately adjacent to the site on the south. They expressed concern about the station being a good neighbor as it was proposed to be open for 24 hours a day. Sherry stated she was not in favor oflooking out her window at people filling their cars with gas, and did not want to have a gas station as an immediate neighbor. Kardell asked now the street might develop and Franzen responded that it was originally discussed when the body shop use was proposed. The road would extend \ east to a Darnel court extension. Schlampp inquired if the applicant could construct a body shop now and Franzen responded yes. Schlampp asked what reasons there were to deny the request. Franzen referred to the Staff Report. Franzen added that the proponents did not have to show a site plan for the property in order to make the guide plan Chllnge request. If the gas station/convenience store had not been included in the plans, staff would have assumed any commercial use could go onto the property. Schlampp expressed concern about the reasons for denial recommended by staff. 1 PLANNING COMMIS!. )N MINUTES January 8, 1996 Page 4 Sandstad commented he saw other problems with the request in that gas station/convenience stores have canopies over the pumps which are very brightly lit and have a large amount of light spillover onto adjacent properties creating an adverse effect. He did not support the proposed use on the site. Wissner commented she believed that the proposed use was not needed since there were two other existing gas/convenience stores in the area. Clinton stated he did not believe that the proposed use was needed, but if a different commercial use were proposed in the future he would consider it. Foote stated he could not support the proposal from a traffic perspective and he was opposed to granting the reguiding request. Schlarnpp commented that since the proponent had approval for an industrial use he did not support the proposed use for the property. MOTION: Sandstad moved, Foote seconded to close the Public Hearing. Motion carried 7-0. MOTION: Sandstad moved, Foote seconded to recommend denial of the request of Roger Lindeman for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.91 acres located at 9125 Flying Cloud Drive based on the reasons listed in the Staff Report dated December 5, 1996. Motion carried 7-0. TO: City Planner, Counc~~ Chair and Members of the City council FROM: Orv Eo Hein, resident at 9135 Flying Cloud Drive DATE: Tuesday, Feb. 6, 1996 SUBJECT: Roger's Commercial Guide Plan Change (9125 Flying Cloud Drive) MY CONCERNS ON THIS PROPOSAL: A. I agree with the Planning Commission's five (5) pmint recommendation to the City Council" Jano 5, 1996. B. Value of homes boarding this site would plummet, in spite of what developers want you to believe. It would have a very negative impact in selling a home located close to a 24-hour run gas station. C. To make a.variance here would be opening doors to future problems and/or sit- uatiorti<::A pr~sedence would be set and possibly the Dell Road development could be re-opened. (Houses here are located closer than the Dell Road site) D. I have lived and paid taxes on my property since 1973 and feel my privacy will be jeopardized. Also, a commercial status of this area would have an effect on Real Estate Taxes and Homeowner's Insurance fees. E. The Developer feels that I should 'Share' my 350-ft. driveway (asphalt) (which runs parallel east/west) to give them a better in/out access for their \ facility. I can only visualize heavy traffic in and out of this intersection wi th cars, gas tanker' 'semis, etc.! F. On a Personal Note: How many of you council members would want a 24-hour run gas station built CLOSE to your residences? q EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-20-96 SECTION: PUBLIC HEARINGS ITEM NO. v. P.>- DEP ARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BLUFFS EAST 16TH ADDITION -LOT 1, BLOCK 1 Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt an Ordinance for Rezoning from RM-6.5 to RI-13.5 District on 0.4 acres. Background: The Planning Commission voted 6-0 to approve the project at the February 12, 1996 meeting. Supporting Reports: 1. Staff Report dated February 9, 1996 I STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: February 9, 1996 SUBJECT: Bluffs East 16th Addition APPLICANT: Hustad Development FEE OWNER: Hustad Development LOCATION: N onnandy Crest REQUEST: Rezoning from RM-6.5 to RI-13.5 on.4 acres. BACKGROUND: This lot was zoned RM-6.5 as part of the Bluffs East 16th Planned Unit Development. REQUEST: The proponent is requesting the RI-13.5 zoning district in order to build a single family home. Soils and steep slopes did not leave enough buildable area for a twinhome unit without extensive soil corrections and costly footings. The single family home should blend with the surrounding twinhomes since it is a single story walkout with shake shingles and stucco siding. STAFF RECOMMENDATION: The staff would recommend approval of the rezoning to RI-13.5. 100 In co In '" 207.504 IS) 100 3 ~ .., ( 18) II> ( ") In !: !::! !::! 100 100 107.02 1 I 1 1 ~ 1 ," 1 ~ I ~~~--~----+--------------I-120 . ....••. 360 ·t·· <S-1 1 1 I 1 1 I I • .1 ••• I I 1 1 1 1 I I 1 1 I I 1 Cl A (32) 1 __________ · 1 1 I 1 1 1 1 f 1 1 _I 01. c (34) C'_ H 01. H ( 2) BLUFFS EAST 16TH, LOT 1, BLOCK 1 ~~ <~ ~r:..~ ./ ",. >,; '\ ". '\ '\ '\ '\ '\ \ '\ LOT SQ. FOOTAGE -iB,38i:1: '-/ r\J 1-- (-1 ..." I en --' N C'l :x DATE: February 20, 1996 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: PUBLIC HEARINGS V.e. ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger SOUTHWEST METRO TRANSIT HUB Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Approval of a Resolution for Comprehensive Guide Plan Amendment from Public Open Space to Regional Commercial on 8.5 acres. • Approval of a Resolution for Planned Unit Development Concept Review on 22 acres. • Adoption of an Ordinance for Zoning District Change from Rural to C-Reg-Ser and Planned Unit Development District Review on 8.5 acres. • Approval of a Resolution for Preliminary Plat of 22 acres into one lot. • Direct Staff to prepare a Developer's Agreement. Background: The project consists of phase one construction of a 10,100 sq. ft. Transit Hub building, an express station and a 479 space park and ride lot. An expanded park and ride lot could accommodate 1,000 spaces. SMTC, the City, and adjoining property owners are currently evaluating alternative land use concepts for the remainder of the property including mixed use housing, hotel, restaurant, specialty retail and commercial development. Upon completion of these future development concepts, a revised concept plan will be brought before the Planning Commission and City Council for review and approval. The Planning Commission unanimously recommended approval of the request at its January 22, 1996 meeting. The plans have been revised consistent with the January 19, 1996 Staff Report recommendations. Supporting Reports: 1. Resolution for Comprehensive Guide Plan Amendment 2. Resolution for Planned Unit Development Concept Review 3. Resolution for Preliminary Plat 4. Staff Report dated January 19, 1996 5. Minutes of the January 22, 1996 Planning Commission I SOUTHWEST METRO TRANSIT HUB CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Southwest Metro Transit Hub by Southwest Metro Transit Commission for construction of a transit hub site requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 8.5 acres from Public Open Space to Regional Commercial all located South of Highway 5, north of Technology Drive and west of Prairie Center Drive. ADO PTED by the City Council of the City of Eden Prairie this 20th day of February, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk Southwest Metro Transit Hub Exhibit A Legal Description Parcel236 S.P. 2762 (212=260) 902 All of Tract A described below: Tract A. That part of the Northeast Quarter of the Northeast Quarter of Section 15, Township 116 North, Range 22 West, Hennepin County, Minnesota, lying southerly of the southerly right of way line of Trunk Highway No. 212 as now located and established, northerly of the northerly right of way line of New Technology Drive and southwesterly of the southwesterly right of way line of Prairie Center Drive; excepting therefrom Technology Drive as located prior to January 1, 1990; containing 12.3 8 acres, more or less, together with all hereditaments and appurtenances belonging thereto. . Parcel224A S.P. 2701 (5=121) 901 All of Tract A described below: TractA. That part of the West one-half of the Northeast Quarter of Section 15, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at the Southeast corner of said West one-half of Northeast Quarter; thence running North along the East line of said West one-half of Northeast Quarter 978.25 feet to the actual point of beginning of the land to be described; thence deflecting to the left 48 degrees 45 minutes 21 seconds and running Northwesterly 83.44 feet; thence deflecting to the left 20 degrees 30 minutes 30 seconds and running Northwesterly 297.47 feet; thence deflecting to the right 3 degrees 06 minutes and 30 seconds and running Northwesterly 215.82 feet; thence deflecting to the right 11 degrees 50 minutes 40 seconds and running Northwesterly 60.13 feet; thence deflecting to the left 13 degrees 57 minutes 50 seconds and running Northwesterly 100.66 feet; thence deflecting to the right 16 degrees 18 minutes 10 seconds and running Northwesterly 506.65 feet; thence deflecting to the right 46 degrees 56 minutes 30 seconds and running Northwesterly 269.27 feet; thence deflecting to the right 7 degrees 45 minutes and running Northerly to the Southerly right of way line of State Trunk Highway No.5; thence Northeasterly along said Southerly right of way line to the East line of said West one-half of the Northeast Quarter; thence South along said East line to the point of beginning; the title thereto being registered as evidenced by Certificate of Title No. 658063; containing 20.70 acres, more or less, of which 1.50 acres are encumbered by an easement for Technology Drive. SOUTHWEST METRO TRANSIT HUB CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SOUTHWEST METRO TRANSIT HUB FOR SOUTHWEST METRO TRANSIT COMMISSION 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 Southwest Metro Transit Hub PUD Concept by Southwest Metro Transit Commission 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 Februruy 20, 1996; NOW, THEREFORE, BE IT RESOL YED by the City Council of Eden Prairie, Minnesota, as follows: 1. Southwest Metro Transit Hub, 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 Februruy 13, 1996. 3. That the PUD Concept meets the recommendations of the Planning Commission dated Januruy 22, 1996. ADOPTED by the City Council of the City of Eden Prairie this 20th day of February, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk SOUTHWEST METRO TRANSIT HUB CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF SOUTHWEST METRO TRANSIT HUB FOR SOUTHWEST METRO TRANSIT COMMISSION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Southwest Metro Transit Hub for Southwest Metro Transit Commission dated February 13, 1996, consisting of22 acres into a transit hub, a copy of which is on file at the City Hall, is found to be in confonnance 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 20th day of February, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk s ST AFF REPORT TO: FROM: THROUGH: DATE: SUBJECT: APPLICANT! FEE OWNER: LOCATION: REQUEST: Planning Commission Scott A. Kipp, Planner Michael D. Franzen, City Planner January 19, 1996 SOUTHWEST METRO TRANSIT HUB Southwest Metro Transit Commission South of Highway 5, north of Technology Drive and west of Prairie Center Drive 1. Comprehensive Guide Plan Change from Public Open Space to Regional Commercial on 8.5 acres. 2. PUD Concept Review on 22 acres. 3. PUD District Review and Zoning District Change from Rural to C- Reg-Ser on 8.5 acres. 4. Site Plan Review on 8.5 acres. 5. Preliminary Plat of 22 acres into one lot. " .. , , , , "" . ~ .0 ~, .~ "?' 1<Zl "", , , I \~'~ 'Q . . '.""'. . . 'f/. 18 TH ST. Staff Report Southwest Metro Transit Hub January 19, 1996 BACKGROUND In 1990, the Southwest Metro Transit Commission (SMTC), and its three member cities adopted a Park and Ride Study which identified the location and phasing of a number of park and ride lots within Eden Prairie, Chaska and Chanhassen. As part of this study, a preferred location for a transit hub was identified near the intersection of Highway 5 and Prairie Center Drive. The SMTC transit hub is now officially included in the State Implementation Plan and the approved TH212 Environmental Impact Statement. A Federal ISTEA (Intennodal Surface Transportation Efficiency Act) grant has been awarded with regional support for the project, including the Metropolitan Council and MnDOT. The Transit Hub will provide many opportunities for transportation services including Express Commute Service, Reverse-Commute, Employer-Based shuttle service, Dial-A-Ride, Local School Bus Interface, Eden Prairie Circulator, Airport Shuttle and Mall of America Shuttle services. Also, future land uses within the 22 acre property consisting of possible retail commercial, entertainment, hotel and housing, and shared parking for the Purgatory Creek Recreation Area, all benefit from the transit hub. These joint use aspects of the proposal were instrumental in receipt of the ISTEA funding because of the opportunities to fund the operation of the facility through private investment. The site was acquired by MnDOT as part of the TH212 project and will be turned over to SMTC upon final definition of the right-of-way for realigned Technology Drive, currently under construction. Surrounding uses consist of st. Andrew Church and Purgatory Creek to the west, the future Purgatory Creek Recreation Area to the south, future commercial use and Prairie Center Drive to the east, and Highway 5 and the proposed TH 212IPrairie Center Drive interchange to the north. COMPREHENSIVE GUIDE PLAN The Comprehensive Guide Plan identifies the Transit Hub site for Regional Commercial and Public Open Space. The site will straddle both of these land uses once the new southerly alignment of Technology Drive is completed. Therefore, the 8.5 acres of Public Open Space needs to be changed to a Regional Commercial use. There are compelling reasons that support the Guide Plan Change: Staff Report Southwest Metro Transit Hub January 19, 1996 1. The Transit Hub will provide regional benefit, will promote the use of public transit, and reduce congestion on Highway 5/212. 2. It will provide shared parking for the Purgatory Creek Recreation Area and future adjacent commercial uses. 3. The transit hub and future commercial uses can provide convenient and efficient services to potential future residential land uses on the western portion of the transit hub site. PLANNED UNIT DEVELOPMENT CONCEPT The 22 acre concept plan identifies the construction of a Phase I, 479 space park and ride lot, a 10,100 sq. ft. Transit Hub building, and an express station facility at this time. At full development, the transit hub could contain up to 1,000 parking spaces. Once the TH212/Prairie Center Drive interchange is completed sometime in 1999, the Transit Hub will have dedicated TH 212 bus only ingress and egress lanes for convenient and direct highway access. SMTC, the City, and adjoining property owners are currently evaluating alternative land use concepts mixed use housing, hotel, restaurant, specialty retail and commercial development on the remainder of the 22 acre transit hub site, and on commercial guided property along Prairie Center Drive. The City staffhas identified the following goals for the development of undeveloped land: 1. To provide land uses that complement each other and use shared parking. 2. To encourage development which includes entertainment, recreation, retail, market rate and affordable housing. 3. \ Development that is compatible with the Purgatory Creek Recreation Area. 4. Develop a design framework manual which would provide a set of architectural, landscape, signs, lighting walkways and site plans which are linked by common element of design and materials. Staff Report Southwest Metro Transit Hub January 19, 1996 Upon completion of these future development options, a revised concept plan will be brought before the Planning Commission and City Council for review and approval. SITE PLAN The site plan depicts the construction of Phase I, which includes a transit hub, a 10,100 sq. ft. Transit Hub building, an express station, and a 479 space park and ride lot. The transit hub building will also be the SMTC administrative offices. The Base Area Ratio and Floor Area Ratio are .017 and .027, respectively. The City code allows up to a .20 BAR, and a .40 FAR in the commercial zoning district. All building setbacks meet code requirements. Parking on one street frontage must meet a 35 foot setback. The site plan meets this requirement. Parking setbacks to other streets may be 17.5 feet. The site plan shows parking at a zero foot setback from the north property line. This site plan should be revised to meet a 17.5 foot setback required by code. The Transit Hub will be lighted with 30 foot high downcast pole fixtures. It is the intent of SMTC to incorporate fixtures that will match lighting currently being installed as part of the downtown improvement project. Automobile access will be from Technology Drive at a new signalized intersection. Bus traffic will also use Technology Drive from their own dedicated access on the west end of the site. In addition, dedicated bus only ingress and egress lanes will be provided to Hwy. 5/212 upon completion of the TH2l2 interchange. The request is to rezone the 8.5 acre transit hub site from Rural to C-Reg-Ser. This zoning district will accommodate the park and ride facility as well as future commercial uses anticipated for the site along the Technology Drive frontage. The goal of the future commercial is to reduce the number of vehicle trips, and to financially support the operations and maintenance of the Transit Hub facility. Any future development for commercial uses will require a review and approval by the Planning Commission and City Council. PRELIMINARY PLAT The overall 22 acre site will be platted into one lot, meeting City code requirements. Additional subdivision of the property will take place as the remainder of the property develops in accordance with the future concept plan. As part of the platting process, that portion of old Technology Drive right-of-way within the site will need to be vacated. 10 Staff Report Southwest Metro Transit Hub January 19, 1996 GRADING AND DRAINAGE The site is relatively level with scattered vegetation. No significant vegetation will be removed with this project. Extensive soil correction will be required. Some surcharging of the property is already underway based on a plan approved by the City Council. Full soil correction of the transit hub portion of the property will commence this spring with final grading of the property, including parking lot and pond construction in June of 1997. All storm water runoff will be treated in NURP ponds prior to discharge into the Purgatory Creek floodplain. UTILITIES Sanitary sewer and water are available in Technology Drive. TRAFFIC A traffic study was completed for the Transit Hub project based on Phase I construction and full development of the 22 acre site. The study recommended a number of plan modifications that are now incorporated into the proposal. The Phase I park and ride lot would operate acceptably without a signalized access with Technology Drive, with full development warranting a signal at this intersection. SMTC will be providing a permanent signal at this intersection concurrent with Phase I development. As part of any future concept plan implementation, additional traffic analysis will be necessary to to identify traffic impacts and any required road and signal improvements. LANDSCAPING Phase I construction includes the planting of 410 caliper inches of landscaping, meeting code requirements ... ARCHITECTURE The transit hub and express station are proposed to be constructed with face brick, glass, stucco and metal panel. City code requires that structures in the commercial zoning district be. constructed with at least 75% face brick and glass. The buildings meet this code requirement. II Staff Report Southwest Metro Transit Hub January 19, 1996 The Transit Hub building, the larger ofthe two structures, is proposed to be approximately 37 feet high. City code permits building height up to 40 feet in the commercial zoning district. All proposed rooftop mechanical equipment will be physically screened from view by parapet wall, meeting City code requirements. STAFF RECOMMENDATIONS: Staff would recommend approval of the request of SMTC for Comprehensive Guide Plan change from Public Open Space to Regional Commercial on 8.5 acres, Planned Unit Development Concept Review on 22 acres, Planned Unit Development District Review and Zoning District change from Rural to C-Reg-Ser on 8.5 acres, Site Plan Review on 8.5 acres, and Preliminary Platting of 22 acres into one lot based on plans dated January 12, 1996, this Staff Report and the following: 1. Prior to City Council review, the proponent shall revise the site plan to meet the required 17.5 front yard setback to parking for a double frontage lot in the Commercial Zoning District. 2. Prior to Final Plat, the proponent shall vacate that portion of Old Technology Drive within the transit hub property. 3. Prior to issuance of a land alteration pennit, the proponent shall submit detailed stormwater run ·off, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 4. Prior to building pennit issuance, the proponent shall submit building material samples and colors for review and approval by the City. 5. Proponent acknowledges that the approval is for Phase I of the Transit Hub site , and that to any future construction or development on the property will require that detailed plans be reviewed and approved by the Planning Commission and City Council. I~ EDEN PRAIRIE PARKS, RECREATION & NATURAL RESOURCES COMMISSION February 5, 1996 Page 5 V. DEVELOPMENT PROPOSALS A. Southwest Metro Transit Hub Kate Garwood and Kyle Williams were present representing Southwest Metro. Garwood reviewed the site plan and landscape plan, and stated they were present to answer any questions. Fox reviewed the staff report and noted that the project was approved by the Planning Commission on January 22, 1996. MOTION: Brown moved, Kube-Harderwijk seconded, to recommend approval of the Southwest Metro Transit Hub. Motion carried unanimously. VI. OLD BUSINESS A. Playground Site Inventory and Recommended hnprovement Plan Fox reviewed the inventory process of the playgrounds and the safety standards which have evolved over the years. He discussed the categories upon which the sites were evaluated and which are applied to playgrounds throughout Eden Prairie. Brown inquired about the percentages and what they meant and Fox responded that they were based upon the probability of accidents that could happen at the playground and calculated from the percentage of a possible number of points assigned to specific features. Most of the sites in Eden Prairie need some upgrading in varying degrees. Kracum inquired if there was no adult supervision if the sites had to be designed to preclude any and all accidents that could happen. Fox responded that this was why signage was going to be installed to get people to use the equipment safely. Jacobson inquired why there was such a high hazard potential for Miller Park and Doug Ernst, Park and Trail Construction and Repair Supervisor, responded it was because the playground was so close to the lake and there are rocks and physical features in the area which increase the number of points. Fox reviewed the staff report and the staff recommendations for upgrading the playground facilities. Karen Powers, 14440 West Drive, inquired when Pheasant Woods Park would be done, and Lambert responded that it would be done in the late summer of 1996. If this is approved by the City Council they PLANNING COMMISMON MINUTES January 22, 1996 Page 2 B. SOUTHWEST METRO TRANSIT HUB by SMTC. Request for Comprehensive Guide Plan Change from Public Open Space to Regional Commercial on 8.5 acres, PUD Concept Review on 22 acres, PUD District Review and Zoning District change from Rural to C-Reg-Ser on 8.5 acres, Site Plan Review on 8.5 acres and Preliminary Plat of 22 acres into one lot. Location: South of Highway 5, north of Technology Drive and west of Prairie Center Drive. Kate Garwood, SW Metro, gave a brief overview of the project and introduced members from LSA Design. Kyle Williams, LSA Design, reviewed the request for the Guide Plan change, the site plans and noted that in this action they are requesting approval for the transit hub itself, but not the surrounding commercial uses. Construction is scheduled to begin in the spring of 1997 after the soil correction process has been completed. Utilities will be installed along the new roadway which will serve the site. They anticipate some retail uses will be constructed around the hub but nothing was being proposed at this time. Williams reviewed the signalization which will be installed around the Hub station and the traffic flow patterns on the site. He discussed the site plans in detail and described possible service uses which may be provided on the adjacent commercial sites. He discussed access points to the site from Technology Drive and from Highway 5. He described the building material colors and the transition from the surrounding area. . He showed sight lines and perspectives of the buildings. Sandstad asked about the two-story height of the building as it was such a small footprint. Williams responded that since the building is to be constructed on pilings, the most economically feasible site plan was to keep the footprint of the building small and go up as high as possible. Clinton inquired what types of retail uses they were anticipating would go into the commercial area on the transit hub portion of the site. Garwood stated they had surveyed riders and businesses and some uses that were suggested included a post office, coffee shop, bank with an ATM, video rental, fast food, and dry cleaning ,establishments. Child care was not among the uses suggested. They have been \ working with other property owners adjacent to the site to coordinate the uses that will be put into this area. The parking areas will be available to users of the adjacent parkland. She noted there has been discussion about a hotel and, or entertainment type uses in this area, but nothing definite has been established. Foote inquired if the Park and Ride sites throughout Eden Prairie would be retained and Garwood responded yes. Residents have requested that they remain open. Discussion ensued regarding the numbers of express busses that would be running and the time frames for the various routes. Access to the Hub site from Highway 5 was DATE: 02/20/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: V,D. SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Vacation No. 96-02 Engineering Division Vacation of Snow Fence Easement over Part of the Property Located at 6509 Flying David Olson Cloud Drive. Published 02/01196 Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating the snow fence easement at 6509 Flying Cloud Drive. Overview: Maintenance and ownership responsibilities for Flying Cloud Drive in Section 1 were transferred from MnDOT to the City in March, 1982. Through this transaction, the City inherited all right-of-way and easements previously obtained by MnDOT. Right-of-way and easements for TH5 (later known as TH212) were obtained over this property in 1925 and included a "right to construct and maintain, upon lands adjoining the parcel conveyed, such portable snow fences during such months as weather conditions make necessary". The property owner requests this "right" be terminated since snow fencing is no longer installed in this vicinity. The Street Division, of the Public Works Department, confirms that with building and parking lot construction on adjacent properties, snow fence is no longer utilized along this segment of Flying Cloud Drive. Supporting Information: • Vacation drawings • Document from Book 1052 of Deeds, Page 534 • Document from Book 1097 of Deeds, Page 316 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF SNOW FENCE EASEMENT IN SECTION 1 (VAC 96-02) WHEREAS, the City of Eden Prairie has a certain right to construct and maintain portable snow fences described therein as follows: The right to construct and maintain portable snow fences as recorded in the offices of Hennepin County, Minnesota, Book 1052 Deeds, Page 534, Document Number 1311468 and Book 1097 of Deeds, Page 316, Document Number 1346555 copies of said documents are herein attached as Exhibit A and Exhibit B respectively: WHEREAS, a public hearing was held on February 20, 1996 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right to construct and maintain portable snow fences has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right to construct and maintain portable snow fences as above described is 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 February 20, 1996. Jean L. Harris, Mayor AITEST: SEAL John D. Frane, City Clerk 534 " A KIlHHHHH'{IIH!i!iH!!!i!iHll!i T.n. 5, ?roJ. ;:1, ~~. ?, :;e~, ld, CL~nty ~r H<nnepln Olrnl!:e r~I1"ce '.....'vor ... \t., .r:-. Prop"roJ :'y v,'HI Ch,cl(~ei fly A. H. tv\;nc1"ry ror " ,IIH .. IIC. ~r ?OQ rott tv " l'olnt I.tV1 there t'r.nln"~II1':'; C"nt~lnln~ O,OJ ~~roJ, mort or l~I., 1. loc,~"l b~ rll\~on or tIll loo"Uon, I!r",llnt<, oon.~rllotlon, m .. ln~.n'nQ~, "n,j IU~ or " pllcl1a nllih"!1l over &IIJ IIpon ""ei tht romoy"l .. r materl,lA rrom ~h. pr",als11 tllro~y ~~"V1YIJ 'nJ fr<:n tho I .... lncl~ont trllr-to, "nd the SI"tt or 41nnu~'." .h~ll h"v, U,. r1t!ht to 1I1~ 3 _. -. ---------_ .. - r-::-/I _ ..... k""'-::...X=H"".I'J,;.Bz...:.I~r_..£A::;L... ___ ...:..&'i;: z.,... .. 535 and ~h" r1t!h~ to :on.t~ru:t '\n! m~1nt."ln, upon the 1~nd5 adJolntn" the ~"I·c.l h"r~t:1 ':/lnv"yed, O'lt .. d thl.t 2Jrd d~ or Septe~ber, 19?5 in \-ra.senlle or: Witness P.~. Serclk Wl~ne~5 R. H. Shonk .. 3l. C~unt)' ~rHQnnepln ) tt(n".:e UVor"k Ll7.~ Ie Ilvor'" anu (.111111" Dvorak, hi:! .. lfe to me knom to te the 1'''1'50n5 deacrl~·.: In un:1 .~o ue.:'.· •• ·J the fo'. P. ~ef.:lk Not~r~ Putll~. Henr\el;!~ Cc~nty. '~lnn. \-ty .:om:",lJJlon ~'f.;:.!re:ll A,-, .. :. ~ri. l~?e. (Notal' hI S." I) hl~h"":f purposes a ~O)0d. tlt1ft to the 1"n\ !herelll ,l~.t':I'ILe':. rr~e ... II! d~"r .f "u In':Uo'!!:r"n.:e:.\ t fUl'thel' apprcv • .t"IJ .... Jement .. ~ to ror~ &nJ exe':b~luc. Sel. ~II III?!> ~:. H. :~\..lrnoe A.~IJt"lIt A~tOI'~ey ~e~.~,.l 'l ., ----________ ~k~41111_ I ' , ... , .... '~.' I ;,'4 ". \~ .,',. ,., • .J,'. " It II. Ollrn .. A •• 1'~&n\ A\\orntl aeneral .> ~ DATE: CITY COUNCIL AGENDA FEBRUARY 20,1996 SECTION: DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE PAYMENT OF CLAIMS VI CHECKS NUMBER 38482 THRU 38918 Action/Direction: I FEBRUARY 20, 1996 VI 38482 CHANHASSEN DINNER THEATER SENIOR TRIP-FEES PAID. 52.00 38483 MIDWEST FIRE PROTECTION INC CONTRACT SENIOR CENTER. 26446.00 38484 PORTICO COMPUTERS II INC COMPUTER EQUIPMENT-CITY HALL. 74382.79 38485 SIGN SOLUTIONS INC SIGNAGE-CITY HALL. 4839.40 38486 INTERNAL REVENUE SERVICE FEDERAL SOCIAL SECURITY AND MEDICARE 263.23 WITHHOLDING PAYMENT FOR YEAR END PAYROLLS ADJUSTMENTS. 38487 ASSIGNED RISK SAFETY ACCOUNT LATE FILING FEE ON FIRST REPORT OF INJURY 50.00 CLAIM #2725311650C8. 38488 MS. N OOORLEY REFUND FOR LOST BOOK. 30.00 38489 CIRCUIT CITY STORES INC SONY 6 VOLT POWER ADAPTER. 26.61 38490 SANDRA EHRICH REIMBURSEMENT FOR SUPPLIES-ADAPTIVE 44.52 RECREATION. 38491 VOW OUT CHECK 0.00 38492 JENNIFER HARLOW INTERNSHIP STIPEND. 200.00 38493 SCOTT KIP REIMBURSE FOR PARKING FEES. 7.00 38494 MINNEGASCO SERVICE. 27304.35 38495 BETH NILSSON SERVICE-INSTRUCTOR WINTER SKATING LESSONS 10205.88 1996-FEES PAID. 38496 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION RENEWAL FEES-1822.50 FLEET SERVICES. 38497 TRACY SPANGRUD SERVICE-DANCE INSTRUCTOR-FEES PAID. 329.00 38498 UNIVERSITY OF ST THOMAS CONFERENCE EXPENSE-UTILITIES DIVISION. 125.00 38499 VOW OUT CHECK 0.00 38500 US WEST COMMUNICATIONS SERVICE CHARGE AND ACCESS LINK FOR RELAY 1900.03 SERVICE. 38501 US WEST COMM SERVICES INC MAINT AGREEMENT AND INSTALLATION OF CISCO 3856.67 ROUTER-PARK AND REC. 38502 MN DEPT OF REVENUE STATE WITHHOLDING FOR YEAR END PAYROLLS 14.67 ADJUSTMENTS. 38503 ANN BRAW REFUND-YOUTH SKI TRIP. 6.00 38504 JENNIFER BROWN REFUND-SKI TRIP. 27.00 38505 MARY DAVIDSON REFUND-SWIMMING LESSONS. 21.00 38506 MRS. ELLIS REFUND-SWIMMING LESSONS. 3.00 38507 MATTHEW ENDRES REFUND-SWIMMING LESSONS. 21.00 38508 BETSY ERICKSEN REFUND-YOUTH SKI TRIP. 6.00 38509 JOANN FERBER REFUND-SWIMMING LESSONS. 30.00 38510 JACQUE FRYKLUND REFUND-YOUTH SKI TRIP. 27.00 38511 CYNTHIA GILLIAN REFUND-SKATING LESSONS. 17.35 38512 DONNA HOFFMAN REFUND-SWIMMING LESSONS. 21.00 38513 JUDY HUBER REFUND-PHOTO ALBUM WORKSHOP. 10.00 38514 NATALIE JEAN REFUND-YOUTH SKI TRIP. 27.00 38515 ANN JENSON REFUND-YOUTH SKI TRIP. 6.00 38516 BJ JOHNSON REFUND-SWIMMING LESSONS. 21.00 38517 VICKKI JOHNSON REFUND-YOUTH SKI TRIP. 27.00 38518 MICHELE KENNEDY REFUND-SKI CLINIC. 42.00 38519 MARY KRUSE REFUND-SKATING LESSONS. 10.00 38520 EA LIPPERT REFUND-YOUTH SKI TRIP. 22.00 38521 SUE LIPSCHULT REFUND-SKATING LESSONS. 34.49 38522 LAURIE LORENCE RFUND-TAE KWON 00 CLASS. 28.50 15230699 FEBRUARY 20, 1996 VI 38523 LAURIE LORENCE REFUND-TRANSFER YOUTH TRIP. 2.00 38524 WALTER LUSIAN REFUND-YOUTH SKI TRIP. 22.00 38525 DIANNE LUSIAN REFUND-TRANSFER SKI TRIPS. 5.00 38526 DIANNE LUSIAN REFUND-FIREARM SAFETY. 5.00 38527 ANN MANDAVILLE REFUND-YOUTH SKI TRIP. 6.00 38528 STACIE MASON REFUND-TAE KWON DO CLASS. 15.00 38529 MRS MCDANIELS REFUND-GYMNASTICS CLASS. 26.00 38530 MRS MCKENNEY REFUND-GYMNASTICS CLASS. 4.00 38531 TRACY MEISTER REFUND-SWIMMING LESSONS. 36.00 38532 JAMES MICKESH REFUND-SKATING LESSONS. 10.01 38533 SANDY OLSON REFUND-YOUTH SKI TRIP. 14.00 38534 LELAND OWENS REFUND-ADVANCED HUNTER EDUCATION. 10.00 38535 LAURIE PEPPER REFUND-YOUTH SKI TRIP. 22.00 38536 TERI PIETSCH REFUND-SWIMMING LESSONS. 21.00 38537 JOAN PLUMPTON REFUND-SKATING LESSONS. 14.34 38538 CASEY QUINN REFUND-SKATING LESSONS. 27.01 38539 KATHY RUUSKA REFUND-YOUTH SKI TRIP. 14.00 38540 CHRISTINE SASSERVILLE REFUND-GYMNASTICS CLASS. 26.00 38541 GLORIA SATTERSTROM REFUND-YOUTH SKI TRIP. 27.00 38542 VIRGINIA SCHAUSS REFUND-BEYOND IMAGING CLASS. 5.50 38543 MARIANNE SCHMIDT REFUND-GYMNASTICS CLASS. 26.00 38544 ERIC SIT REFUND-SKATING LESSONS. 40.00 38545 MARY TRAYNHAM REFUND-YOUTH SKI TRIP. 54.00 38546 MARGARET WAGNER REFUND-SWIMMING LESSONS. 21.00 38547 MARY WALKER REFUND-BEYOND IMAGING CLASS. 5.50 38548 JULIE WEGMILLER REFUND-GYMNASTICS CLASS. 48.00 38549 LAURA WENCK REFUND-YOUTH SKI TRIP. 6.00 38550 MRS WHITE REFUND-SWIMMING LESSONS. 24.00 38551 LINDA WIEBOLD REFUND-SWIMMING LESSONS. 36.00 38552 CANADA LIFE ASSURANCE CO DISABILITY INSURANCE PREMIUM FOR THE 2236.30 MONTH OF JANUARY PAYROLL 1-19-96. 38553 JOHN COLEMAN REIMBURSEMENT FOR PARKING FEES AND 16.09 MILEAGE-INSPECTIONS. 38554 BRUCE HUTCHINS REIMBURSEMENT FOR PARKING FEES AND 36.54 MILEAGE-INSPECTIONS. 38555 CYNTHIA LANENBERG MILEAGE REIMBURSEMENT-FIRE DEPT. 60.48 38556 METROPOLITIAN COUNCIL WASTEWATER NOVEMBER AND DECEMBER 95 SAC CHARGES. 238689.00 38557 MINNESOTA STATE TREASURER NOVEMBER 95 BUILDING PERMIT SURCHARGES. 8496.26 38558 MINNESOTA VALLEY ELECTRIC CooPERA SERVICE. 511.16 38559 DAN OTTEN REIMBURSEMENT FOR PARKING FEES AND 46.89 MILEAGE-INSPECTIONS. 38560 PETTY CASH PETTY CASH-CITY HALL. 54.89 38561 PRUDENTIAL INSURANCE CO LIFE INSURANCE PREMIUM FOR THE MONTH OF 3065.85 JANUARY PAYROLL 1-19-96. 38562 STOREFRONT/YOUTH ACTION INC YOUTH COUNSELING AND REFERRAL SERVICE 2ND 1287.50 QRT 1995. 38563 SISINNI FOOD SERVICE MEETING EXPENSE-CITY HALL. 154.22 38564 U S WEST COMMUNICATIONS SERVICE. 6269.56 38565 U S POSTMASTER POSTAGE FOR POSTAGE METER-CITY HALL. 8000.00 38566 NORWEST BANKS MINNESOTA N A PAYROLL02-02-96. 3972.39 27346949 FEBRUARY 20, 1996 38567 38568 38569 38570 38571 38572 38573 38574 38575 38576 38577 38578 38579 BELLBOY CORPORATION EAGLE WINE CO GRIGGS COOPER & CO INC JOHNSON BROTHERS LIQUOR CO LEHMANN FARMS PAUSTIS & SONS CO PHILLIPS WINE & SPIRITS PRIOR WINE CO QUALITY WINE & SPIRITS CO VINTAGE ONE WINES INC THE WINE COMPANY WORLD CLASS WINES INC NEBCO EVANS DISTRIB LIQUOR. WINE. LIQUOR. LIQUOR & WINE. SUPPLIES-LIQUOR STORE I. WINE. LIQUOR & WINE/LIQUOR & WINE. WINE. LIQUOR & WINE. WINE. WINE. WINE. SLEEVING/SWITCHES/TERMINALS/WIRE/ CONCESSION STAND SUPPLIES-COMMUNITY CENTER. 38580 38581 38582 38583 38584 38585 38586 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 1-5-96. HENN CTY SUPPORT & COLLECTION SVC PAYROLL 1-5-96/PAYROLL 1-5-96. MN DEPT OF REVENUE PAYROLL 1-5-96. CARVER CO CHILD SUPPORT UNIT PAYROLL 1-5-96. CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 1-5-96. CARVER CO CHILD SUPPORT UNIT PAYROLL 1-5-96. STEVEN CLAY MILEAGE AND PARKING REIMBURSEMENT- 38587 DRISKILLS NEWMARKET 38588 FIRE MARSHAL ASSOCIATION OF MN 38589 JASON-NORTHCO L P #1 38590 KAMI KISSNER 38591 TERRY KUCERA 38592 SHERI L MOONEN 38593 38594 38595 38596 38597 38598 38599 PRAIRIE CLYCLE AND SKI UNITED PROPERTIES JOHN UPTON PAUL SCHNEIDERMAN SUPER EIGHT MOTEL SUPPLEES 7 HI ENTER INC STAN TEKIELA ASSESSING DEPT. MEETING EXPENSES/SUPPLIES-COMMUNITY CENTER/YOUTH REC/FIRE DEPT. SEMINAR-FIRE DEPT. FEB RENT LIQUOR STORE 1. SERVICE-GYMNASTICS INSTRUCTOR/CHAPERONE- FEES PAID. REINBURSEMENT FOR MILEAGE/OFFICE SUPPLIES- COMMUNICATIONS. REIMBURSEMENT FOR VARIOUS ACTIVITIES- YOUTH RECREATION. YOUTH CROSS COUNTRY SKI CLINIC-FEES PAID. YOUTH CROSS COUNTRY SKI CLINIC-FEES PAID. SERVICE-SKI INSTRUCTOR-FEES PAID. SERVICE-YOUTH SPECIAL TRIP-FEES PAID. CONFERENCE EXPENSE-LODGING-FIRE DEPT. FEB RENT-LIQUOR STORE II. RESOURCE GUIDE FOR BRYANT LAKE DAY CAMP/ NATURE RELATED EVENTS. 38600 MINNESOTA DEPT OF PUBLIC SAFETY MaTER VEHICLE REGISTRATION FEE-FLEET 38601 CLEMSON UNIVERSITY 38602 JOHN ELGETHUN 38603 LYNDELL FREY 38604 KATHY HOLSCHUH 38605 LEEANN C LEBLANC 26749304 SERVICES. MAINTENANCE MANAGEMENT SEMINAR-FACILITIES. INSTRUCTOR YOUTH CROSS COUNTRY SKI CLINIC- FEES PAID. MILEAGE REIMBURSEMENT-YOUTH RECREATION. SERVICE-CERAMICS INSTRUCTOR-SR CTR-FEES PAID. TUITION REIMBURSEMENT-POLICE DEPT. VI 2561.08 5826.87 51859.86 79173.70 44.85 3059.60 58889.88 15241.37 23369.64 691.00 2306.11 489.35 1808.33 240.46 550.16 227.42 49.37 276.93 90.00 110.68 298.97 225.00 5266.00 156.50 41.70 37.37 128.00 6581.25 96.00 49.00 95.44 5522.04 18.00 8.50 775.00 96.00 100.24 72.00 1059.37 FEBRUARY 20, 1996 38606 38607 38608 TRIA MANN MILEAGE REIMBURSEMENT-ADAPTIVE RECREATION. MCMA DR R BARRETT MCMA SECRETARI CONFERENCE EXPENSE-CITY HALL. MN SAFETY COUNCIL INDOOR AIR QUALITY MGMT SEMINAR- 38609 MRPA 38610 RALPH NESBITT 38611 MN PIE 38612 NORWEST BANKS MINNESOTA N A 38613 0 BRIEN SHEETMETAL 38614 SAUK RAPIDS FIRE DEPARTMENT 38615 STAN TEKIELA 38616 SOKKIA MEASURING SYSTEMS FACILITIES. CONFERENCE EXPENSE-PARKS AND RECREATION DEPT. SERVICE-WINTER SAMPLER INSTRUCTOR-FEES PAID. CONFERENCE EXPENSE-PARK MAINTENANCE. FEDERAL SOCIAL SECURITY AND MEDICARE WITHHOLDING PAYMENT PAYROLL 2-2-96. REFUND MECHANICAL PERMIT OVERPAYMENT PERMIT #23237 RECEIPT #63684. CONFERENCE EXPENSE-FIRE DEPT. SERVICE-INSTRUCTOR WINTER PROJECTS/ OUTDOOR CENTER-FEES PAID. MARKING PAINT-SURVEYING CREW ENGINEERING DEPT. 38617 38618 WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 2-2-96. 38619 38620 38621 38622 38623 38624 38625 38626 38627 38628 38629 38630 38631 38632 38633 38634 38635 38636 38637 38638 38639 38640 38641 38642 38643 YOUNG AUDIENCES OF MINNESOTA HISTORICAL CULTURE PROGRAM-PARK AND CINDY FLYNN CHRISTINE GELSCHUS MR GREYWITT MICHELLE HAWKINS PAMELA HOCHREIN MELISSA HOLLAND MAUREEN HAMILTON MARGRET JOHNSON BARBARA MORTENSON TERESE MILLER MARY MEIER DEANNA OLSON MRS PETERSON GLEN SCHANKE COLLEEN SCHWARTZ COLLEEN SKARG MRS WALKER ICMA RETIREMENT TRUST-457 VOIV OUT CHECK RECREATION DEPT. REFUND-SKI TRIP. REFUND-SKI TRIP. REFUND-SKI TRIP. REFUND-SKI TRIP. REFUND-SWIMMING LESSONS. REFUND-SKI TRIP. REFUND-SKI TRIP. REFUND-DOILY ANGEL CLASS. REFUND-SKI TRIP. REFUND-DEFENSIVE DRIVING. REFUND-SKI TRIP. REFUND-DEFENSIVE DRIVING. REFUND-SKI TRIP. REFUND-DEFENSIVE DRIVING. REFUND-DEFENSIVE DRIVING. REFUND-SKI TRIP. REFUND-SKI TRIP. PAYROLL 1-5-96. GREAT-WEST LIFE & ANNUITY PAYROLL 1-5-96. MN STATE RETIREMENT SYSTEM PAYROLL 1-5-96. MINNESOTA MUTUAL LIFE PAYROLL 1-5-96. PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 1-5-96. PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 2-5-96. MEDICA CHOICE HEALTH INSURANCE PREMIUM FOR THE MONTH OF FEBRUARY PAYROLL 2-2-96. 38644 HEALTHPARTNERS HEALTH INSURANCE PREMIUM FOR THE MONTH OF FEBRUARY PAYROLL 2-2-96. 38645 MN TEAMSTERS CREDIT UNION PAYROLL 1-5-96. 20578220 5 VI 63.00 130.00 85.00 55.00 50.00 68.00 86016.54 20.75 625.00 180.00 50.48 950.00 250.00 27.00 27.00 5.00 27.00 5.00 22.00 27.00 9.00 27.00 8.00 27.00 8.00 27.00 8.00 8.00 5.00 27.00 3583.72 0.00 8135.50 247.00 1267.50 22201.77 182.50 54442.95 26858.49 25.00 FEBRUARY 20, 1996 VI 38646 PUBLIC EMPLOYEES RETIREMENT ASSOC PERA LIFE INSURANCE FOR THE MONTH OF 249.00 JANUARY PAYROLL 1-5-96. 38647 FEDERAL RESERVE BANK SAVINGS BOND APYROLL 1-5-96. 400.00 38648 AFTON ALPS YOUTH SKI TRIP -FEES PAID. 270.00 38649 STUART FOX MILEAGE REIMBURSEMENT-FORESTERY DEPT. 77 .00 38650 MN DEPT OF NATURAL RESOURCES LICENSE FOR SANITARY SEWER AND WATERMAIN 470.00 CROSSING RILEY CREEK-TO BE REIMBURSED. 38651 MRPA MRPA STATE BERTHS-ORGANIZED RECREATION. 995.00 38652 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION RENEWAL FEES-1687.50 FLEET SERVICES. 38653 MN RIVERLAND TECHNICAL COLLEGE TRAINING-FIRE DEPT. 100.00 38654 MN RURAL WATER ASSOC CONFERENCE EXPENSE-UTILITIES. 75.00 38655 NORTHERN STATES POWER COMPANY SERVICE. 52335.82 38656 SISINNI FOOD SERVICE MEEETING EXPENSE-PARKS AND REC/CITY 507.81 COUNCIL/SENIOR ISSUES/STAFF MEETING/ ENVIRONMENTAL WASTE. 38657 U S WEST COMMUNICATIONS SERVICE. 3896.84 38658 SANDRA WERTS MILEAGE-SENIOR CENTER. 39.98 38659 YOUNG AUDIENCES OF MINNESOTA HISTORICAL CULTURE PERFORMANCE-PARKS AND 250.00 REC. 38660 CAROLYN BIEKER REFUND-SWIMMING LESSONS. 18.00 38661 BRETT BOOS REFUND-SWIMMING LESSONS. 24.00 38662 ESTER EGGERBRECHT REFUND-AQUAAEROBICS. 26.00 38663 ALICE HAUTERVILLE REFUND-SWIMMING LESSONS. 45.00 38664 WENDY HEYER REFUND-SWIMMING LESSONS. 24.00 38665 LYNN HOLBERG REFUND-SWIMMING LESSONS. 18.00 38666 MRS HUNTER REFUND-SKATING LESSONS. 26.15 38667 VOIV OUT CHECK 0.00 38668 PEGGY IRRTHUM REFUND-SWIMMING LESSONS. 24.00 38669 MRS. JUELICH REFUND-SWIMMING LESSONS. 18.00 38670 PETER LEUTHOLD REFUND-SWIMMING LESSONS. 42.00 38671 TERI MOORE REFUND-SWIMMING LESSONS. 18.00 38672 ANDREA MARTIN REFUND-SWIMMING LESSONS. 24.00 38673 LAURIE PEPPER REFUND-YOUTH SKI TRIP. 22.00 38674 LINDA ROBBINS REFUND-SWIMMING LESSONS. 24.00 38675 ERIC SIT REFUND-YOUTH SKI TRIP. 22.00 38676 JOANN SYVERSON REFUND-SWIMMING LESSONS. 24.00 38677 DEBRA TESKE REFUND-FIRST AID AND SAFETY. 91.00 38678 SARILYN ZINN REFUND-SKATING LESSONS. 30.25 38679 REHBEIN INC 1995 LIME RESIDUAL REMOVAL-CITY 14910.23 IMPROVEMENT CONTRACT. 38680 LUNDA CONSTRUCTION CITY IMPROVEMENT CONTRACT-DELL RD AND 31025.19 BRIDGE CONST. 38681 AFFILIATED EMERGENCY VET SVC PA SERVICES-ANIMAL CONTROL DEPT. 55.00 38682 AIR POWER EQUIPMENT CO SHOP REPAIR-FLEET SERVICES. 128.75 38683 ALARMEX WAREHOUSE REFUND FOR OVERPYMT FALSE SECURITY ALARM 100.00 USER FEES. 38684 AMERICAN COUNCIL OF LIFE INSURANC PUBLICATION-ASSESSING DEPT. 70.00 38685 AMERICAN LINEN DIRECT SALES UNIFORM EXPENSE-INSPECTIONS. 215.16 38686 AMERICAN LINEN SUPPLY CO SERVICE-LIQUOR STORES. 222.93 10860161 FEBRUARY 20, 1996 VI 38687 AMERICAN MGMT ASSOC MEMBERSHIP DUES-FINANCE DEPT. 165.00 38688 AMERICAN MGMT ASSOC MEMBERSHIP DUES-HUMAN RESOURCES. 165.00 38689 ANCHOR PAPER COMPANY PAPER-CITY HALL. 3048.93 38690 EARL F ANDERSEN & ASSOC INC SIGNS-STREET DEPT. 1326.48 38691 ANDERSONS GARDEN SUPPLIES-FIRE DEPT. 57.86 38692 KEN ANDERSON TRUCKINHG WILDLIFE DISPOSAL FOR JANUARY -ANIMAL 51.63 CONTROL DEPT. 38693 ASCAP DUES-COMMUNITY CENTER. 450.00 38694 ASPEN CARPET CLEANING CARPET CLEANING-FACILITIES. 416.00 38695 ASPEN EQUIPMENT COMPANY CUTTING EDGES PLOW BLADES-FLEET SERVICES. 578.61 38696 AT AND T SUPPLIES-COMMUNITY CENTER. 69.10 38697 AVW GROUP LIGHTING REPAIR-FACILITIES. 73.50 38698 BAKERS SQUARE REFUND FOR OVERPYMT FO FALSE SECURITY 149.00 ALARM USER FEES. 38699 BARKER HAMMER ASSOC INC MAINTENANCE SUPPLIES-FACILITIES. 154.91 38700 G JEFF BARTZ SERVICE-VOLLEYBALL/BASKETBALL/FOOTBALL 1738.00 OFFICIAL-FEES PAID. 38701 BAUER BUILT INC BATTERIES-FLEET SERVICES. 301.67 38702 BECKER ARENA PRODUCTS INC SUPPLIES-ICE ARENA COMMUNITY CENTER. 76.85 38703 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 1000.20 \ 38704 BENDING TECHNOLOGIES REFUND FOR OVERPYMT OF FALSE SECURITY 5.00 ALARM USER FEES. 38705 L.M CIT INSURANCE CLAIMS. 11532.83 38706 BFI TIRE RECYCLERS OF MN INC CAGE RENTAL-FLEET SERVICES. 30.00 38707 BIFFS INC SERVICE-PARK MAINTENANCE. 971 . 12 38708 BLACK & VEATCH SERVICE~ DESIGN. 147314.03 38709 CITY OF BLOOMINGTON DEC ANIMAL CONTROL BOARDING CHARGES AND 523.00 DISPOSAL. 38710 PAT BLUNT REIMBURSE FOR MILEAGE-FACILITIES. 2.80 38711 BORCHART STEEL INC BAR JOISTS-STREET MAINTENANCE. 85.20 38712 BRAUN INTERTEC CORPORATION PAVEMENT MGMT PROGRAM. 23863.10 38713 BRIN NORTHWESTERN GLASS SHOWER DOORS PLUS INSTALLATION-1334.00 FACILITIES. 38714 BRO-TEX INC SHOP SUPPLIES-FLEET SERVICES. 265.46 38715 B & STOOLS TOOLS-FLEET SERVICES/UTILITIES. 220.25 38716 BUMPER TO BUMPER CHANHASSEN SNOW BLADES/DOME LAMP MAP LT-FLEET 214.12 SERVICES. 38717 BETH AND MORLEY BURNETT REPLACE AND INSTALL AMP FOR SOUND SYSTEM-1191.67 COMMUNITY CENTER. 38718 CAPITOL COMMUNICATIONS PARTS AND REPAIRS PAGERS/MAINTENANCE 2568.99 CONTRACT-POLCE DEPT. 38719 CARGILL INCORPORATED DEICING SALT-STREET MAINTENANCE. 13038.26 38720 CARLSON COUNSELING & CONSULTATION SERVICE FOR OCT-DEC 95. 1490.00 38721 CARNEYS OFFICE FURNITURE FURNITURE-OUTDOOR CENTER. 2394.12 38722 CBI NA-CON INC FINAL PYMT FOR 2MM GALLON ELEVATED TANK. 45296.98 38723 CENTRAIRE INC SERVICE-EATON BLDG. 145.25 38724 CHANHASSEN LAWN & SPORTS CHAIN SAW-PARK MAINTENANCE. 1692.92 38725 JAKE CHRISTIANSON SERVICE-BASKETBALL OFFICIAL-FEES PAID. 76.50 38726 CITY COUNTY COMMUNICATIONS AND MA ANNUAL MEMBERSHIP DUES. 275.00 38727 CITIZEN LEAGUE PUBLICATION-CITY HALL. 40.00 26439334 FEBRUARY 20, 1996 VI 38728 C02 SERVICES C02-COMMUNITY CENTER. 39.61 38729 COMMUNICATIONS BRIEFINGS SUBCRIPTION RENEWAL-COMMUNICATIONS. 79.00 38730 COMMERCIAL SAW COMPANY SUPPLIES-PARK MAINTENANCE. 103.75 38731 COMPUTER CHEQUE OF MN INC QUARTERLY MEMBERSHIP-LIQUOR STORE III. 15.00 38732 CONNEY SAFETY PRODUCTS SUPPLIES-SAFETY DEPT/UTILITIES. 183.45 38733 CONTINENTAL SAFETY EQUIP INC RAIN GEAR-UTILITIES. 121.03 38734 COUNTY SEAT REFUND FOR OVERPYMT FO FALSE SECURITY 100.00 ALARM USER FEES. 38735 COpy EQUIPMENT INC ·SUPPLIES-ENGINEERING. 294.49 38736 CREATIVE CONCEPTS HUMAN RIGHTS AWARD PLAQUE-HUMAN RESOURCES. 94.53 38737 CROWN MARKING INC SUPPLIES-CITY HALL. 8.42 38738 CUB FOODS SUPPLIES-POLICE DEPT/FIRE DEPT. 432.23 38739 CURTIS 1000 INC UTILITY BILLING ENVELOPES. 4462.15 38740 CUTLER MAGNER COMPANY QUICKLIME-WATER TREATMENT FACILITY. 1684.76 38741 DALCO MAINTENANCE SUPPLIES-CITY HALL. 1261.85 38742 DANKO EMERGENCY EQUIPMENT CO SUPPLIES-FIRE DEPT. 12706.57 38743 DECORATIVE DESIGNS PLANT MAINTENANCE FOR FEBRUARY. 365.85 38744 DELEGARD TOOL CO SHOP SUPPLIES-FLEET SERVICES. 509.06 38745 GARY DIETHELM GRAVE OPENING. 130.00 38746 DIRECT SAFETY CO SAFETY SUPPLIES-UTILITIES. 215.00 38747 DRIVERS LICENSE GUIDE CO ID CHECKING GUIDE-LIQUOR STORES. 49.95 38748 EDEN PRAIRIE FORD VEHICLE PARTS AND SUPPLIES-FLEET 275.03 MAINTENANCE. 38749 CITY OF EDINA JAN WATER TESTING~ATER TREATMENT 280.00 FACILITY. 38750 EDEN PRAIRIE CHAMBER OF COMMERCE PARTICIPATION IN THE CHAMBER BUSINESS 15.00 EDUCATION EXCHANGE PROGRAM. 38751 EDEN PRAIRIE FIRE DEPT REIMBURSEMENT FOR CHILDRENS CHRISTMAS 2094.50 PARTY AND PICNIC. 38752 EDINA S W PLUMBING REPAIR WATER LEAK AT CITY OWNED HOUSE. 58.50 38753 SANDRA EHRICH MILEAGE REIMBURSEMENT-ADAPTIVE REC. 10.64 38754 ELVIN SAFETY SUPPLY INC STEEL TOE BOOTS-UTILTIES. 73.37 38755 ERICS BIKE SHOP REFUND FOR OVER PYMT OF FALSE ALARM USER 44.50 FEES. 38756 FACILITY SYSTEMS INC SUPPLIES-SENIOR CENTER. 30.03 38757 FAUVER SUPPLIES-UTILITIES. 146.30 38758 FEIST BLANCHARD BRAKE PADS AND SHOES-FLEET MAINTENANCE. 432.32 38759 FERRELLGAS PROPANE-COMMUNTIY CENTER. 61.29 38760 FIBROCOM SERVICE-POLICE DEPT. 398.99 38761 FISHER AGGREGATES INC FILL SAND-STREET MAINTENANCE. 149.83 38762 FLAGHOUSE INC SUPPLIES-YOUTH REC. 149.95 38763 FLAHERTYS HAPPY TYME CO SUPPLIES-LIQUOR STORE III. 261.00 38764 FLYING CLOUD ANIMAL HOSPITAL SERVICE-ANIMAL CONTROL DEPT. 21.25 38765 FUNK-HANECY DISTRIBUTERS INC HALL AND DESK WRAP-FIRE STATION. 400.00 38766 GARDNER HARDWARE CO VIBRATION ANALYSIS OF RINK REFRIGERATION 2705.60 SYSTEM. 38767 VOIV OUT CHECK . 0.00 38768 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-UTILITIES/FIRE DEPT. 481.20 38769 GLASS SERVICE COMPANY SERVICE-FACILITIES. 68.50 38770 GOODYEAR COMMERCIAL TIRE & SVC TIRES-FLEET MAINTENANCE. 2308.58 3332308 FEBRUARY 20, 1996 VI 38771 W W GRAINGER INC SUPPLIES-FIRE DEPT. 31.02 38772 MICHAEL HAMILTON SERVICE-BROOMBALL OFFICIAL-FEES PAID. 140.00 38773 HERC-U-LIFT VEHICLE REPAIR-FLEET SERVICE. 312.78 38774 HENNEPIN COUNTY SHERIFF DECEMBER BOOKING FEES-POLICE DEPT. 353.69 38775 HENNEPIN COUNTY TREASURER PROPERTY OWNERS LISTS-COMMUNITY 430.00 DEVELOPMENT. 38776 HENNEPIN COUNTY TREASURER WASTE MGMT FEE FOR JANUARY 1996. 49.45 38777 HENNEPIN TECHNICAL COLLEGE FIRE FIGHTER TRAINING-FIRE DEPT. 340.80 38778 HENNEPIN COUNTY 1996 TRUTH IN TAXATION NOTICES-MAILING 2708.55 COSTS. 38779 JOHN CARTER HOLMES SERVICE-VOLLEYBALL/BASKETBALL OFFICIAL-636.00 FEES PAID. 38780 TOM HOLMES SERVICE-BASKETBALL OFFICIAL-FEES PAID. 490.00 38781 HOSP SUPPLY SUPPLIES~ATER TREATMENT FACILITY. 42.20 38782 HYDRAULIC SERVICES PARTS-FLEET MAINTENANCE. 137.09 38783 INDUSTRIAL LIGHTING SUPPLY INC LIGHTING SUPPLIES-UTILITIES. 445.25 38784 INSTITUTE OF POLICE TECHNOLOGY SUPPLIES-POLICE DEPT. 78.50 38785 INACOM CORPORATION SUPPLIES-COMMUNICATIONS. 351.27 38786 INTERSTATE DETROIT DIESEL INC SHOP SUPPLIES-FLEET SERVICES. 520.64 38787 BRENVA JERVE SERVICE-VOLLEYBALL OFFICIAL-FEES PAID. 558.00 38788 JOHNSON CONTROLS BOILER REPAIR-COMMUNITY CENTER. 1000.00 38789 JPM GVOO17 ART IN CITY HALL HOOKS. 26.63 38790 J AND R RADIATOR CORP SUPPLIES-FLEET MAINTENANCE. 68.00 38791 JUSTUS LUMBER CO WOOD-STREET DEPT/UTILITIES. 121 . 17 38792 LAKE COUNTRY DOOR REPAIRS-FACILITIES. 359.50 38793 LAKELAND FORD TRUCK SALES INC PARTS-FLEET SERVICES. 433.59 38794 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 2197.20 38795 LERN PUBLICATIONS-SENIOR CENTER. 64.90 38796 LAB SAFETY SUPPLY SUPPLIES-UTILITIES. 254.45 38797 LYMAN LUMBER CO CEDER-STREET DEPT. 13.94 38798 MACQUEEN EQUIPMENT INC HYDR MOTOR-FLEET SERVICES. 604.36 38799 MASTER CRAFT LABELS BADGES-POLICE DEPT. 289.95 38800 MARKET WATCH SUBCRIPTION-LIQUOR STORE III. 60.00 38801 MASEYS CORP MAINTENANCE AGREEMENT-POLICE DEPT. 1429.70 38802 MAXI-PRINT INC DISPATCH LOGS-POLICE DEPT. 31.52 38803 MEDICAL PRODUCTS DEFIBRILLATOR-FIRE DEPT. 11200.00 38804 MENARDS SUPPLIES-STREET MAINTENANCE/PARKS/ 106.21 FACILITIES. 38805 METRO PAINTING AND DECORATING PAINTING IN CITY HALL-FACILITIES. 1820.00 38806 METROPOLITAN AREA MGMT ASSOS 1996-1997 SUBCRIPTION SERVICE. 4752.00 38807 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL. 2126.24 38808 MIDWEST FIRE PROTECTION REIMBURSE FOR METER PURCHASE-SENIOR 95.00 CENTER. 38809 UNIVERSITY OF MISSOURI CONFERENCE EXPENSE-ADAPTIVE REC. 140.00 38810 MINNESOTA BUSINESS FORMS SUPPLIES-FINANCE. 49.04 38811 MINNESOTA BLUEPRINT SUPPLIES-ENGINEERING. 237.42 38812 BCA TRAINING AND DEVELOPMENT SECT TRAINING-POLICE DEPT. 120.00 38813 MINNESOTA UC FUND UC FUND 4TH QRT 95. 651.30 38814 DEPT OF PUBLIC SAFETY 4TH QRT 1995-POLICE DEPT. 990.00 38815 MINNESOTA SAFETY COUNCIL MEMBERSHIP DUES. 125.00 3699236 q FEBRUARY 20, 1996 VI 38816 MINNESOTA SAFETY COUNCIL MEETING EXPENSE-SAFETY DEPT. 20.00 38817 MN TROPHIES AND GIFTS PLAQUE-POLICE DEPT. 82.16 38818 MINUTEMAN PRESS RECEIPTS-COMMUNITY CENTER. 106.13 38819 MrI DISTRIBUTING CO PARTS-FLEET MAINTENANCE. 140.82 38820 MOORE MEDICAL CORP FIRST AID SUPPLIES-FIRE DEPT. 334.50 38821 MrS NORTHWEST SOUND INC CLOSED CIRCUIT VIDEO SYSTEM-POLICE DEPT. 5026.95 38822 WM MUELLER & SONS INC GRAVEL-STREET MAINTENANCE. 5057.57 38823 MUNICI PALS 1996-97 MEMBERSHIP DUES. 10.00 38824 NATIONAL CAMERA EXCHANGE REPAIR-POLICE DEPT. 90.00 38825 DESIGNS BY NORVELL INC SUPPLIES-POLICE DEPT. 59.59 38826 NORTH STAR ICE SUPPLIES-LIQUOR STORES. 192.66 38827 NORTHERN SUPPLIES-STREET DEPT. 142.69 38828 NORTHERN WATER WORKS SUPPLY SUPPLIES-UTILITIES. 209.41 38829 NORTHLAND BUSINESS SYSTEMS INC FACSIMILI PAPER AND INK-CITY HALL. 259.21 38830 NORWEST BANK MN NA PAYING AGENT FEES. 1400.00 38831 OFFICE MAX SUPPLIES-STREETS/FLEET SERVICES. 209.08 38832 OHLIN SALES INC BATTERYS-POLICE DEPT. 375.98 38833 OLSONS CONTRACTORS SUPPLY LADDER-FIRE DEPT. 410.00 38834 OLSEN CHAIN & CABLE CO INC CHAINS/LINKS/ROPES/MISC SUPPLIES-FLEET 999.98 MAINTENANCE. 38835 OPM INFORMATION SYSTEMS COMPUTER SUPPLIES-FINANCE. 43.21 38836 PALM BROTHERS STACKING CHAIRS-CITY HALL. 616.10 38837 PARAGON CABLE SERVICE-CITY HALL. 17.95 38838 PARK NICOLLET MEDICAL CENTER HEALTH SERVICES-VACCINES. 867.40 38839 PINNACLE DISTRIBUTING SUPPLIES-LIQUOR STORES. 404.50 38840 PITNEY BOWES INC EQUIPMENT MAINTENANCE-FOLDING MACHINE. 354.00 38841 VOIV OUT CHECK 0.00 38842 POETICO COMPUTERS II INC COMPUTER-CITY MANAGER. 2339.81 38843 PRAIRIE ELECTRIC COMPANY INC REPAIRS-COMMUNITY CENTER/UTILITIES. 809.11 38844 . 0.00 38845 PRAIRIE LAWN & GARDEN REPAIRS TO GAS BLOWER/PRUNER/DRIVE 700.29 STARTER-UTILITIES/FLEET MAINTENANCE/ STREETS. 38846 PRAIRIE OFFSET PRINTING CALENDERS/STATIONARY-COMMUNICATIONS/CITY 1082.20 HALL. 38847 PRINTERS SERVICE INC MAINTENANCE-COMMUNITY CENTER. 120.00 38848 PRO SOURCE FITNESS KNOBS-COMMUNITY CENTER. 11.39 38849 QUALITY WASTE CONTROL INC FEBRUARY WASTE DISPOSAL-STORAGE BLDG/SR 446.00 CTR/STREET DEPT/FIRE I II III. 38850 RADIO SHACK RECORDER-POLICE DEPT. 110.50 38851 BRAD RAGAN INC TIRE REPAIRS-FLEET MAINTENANCE. 247.66 38852 RC IDENTIFICATIONS CREDIT CARD POUCHES. 113.96 38853 RDO EQUIPMENT CO CARBINE EDGES/ICE CUTTING EDGES/FUEL PUMP 668.02 AND GASKET-FLEET MAINTENANCE. 38854 RDO EQUIPMENT CO ICE CUTTING EDGE-FLEET SERVICES. 1797.63 38855 REAL ESTATE GRAPHICS INC SIGNS-ASSESSING. 47.41 38856 RECYCLING ASSOCIATION OF MN MEMBERSHIP RECYCLING ASSOC OF MN. 110.00 38857 RESCUE MAGAZINE SUBCRIPTION-FIRE DEPT. 44.85 38858 RESPOND SYSTEMS SAFETY EQUIPMENT-SAFETY DEPT. 131.31 38859 RETAIL DATA SYSTEMS REFUND FOR OVERPYMr OF FALSE ALARM USER 105.00 FEES. 2631503 10 FEBRUARY 20, 1996 38860 38861 38862 38863 38864 38865 38866 38867 38868 38869 38870 38871 38872 38873 38874 38875 38876 38877 38878 THE RETAIL MARKETING GROUP REVERE RESCUE ONE INC RICMAR INDUSTRIES RITZ CAMERA ADVERTISING-LIQUOR STORES. SUPPLIES-UTILITIES. REPAIR OF CUTTER-FIRE DEPT. MIRACLE MELT-FACILITIES. FILM AND FILM DEVELOPING-COMMUNITY DEVELOPMENT/PARKS/STREETS/FILM AND FILM DEVELOPING-COMMUNITY DEVELOPMENT/PARKS/ STREETS. ROBBINSDALE FARM GARDEN PET SUPPL DOGFOOD-POLICE DEPT. R & R SPECIALTIES INC MAINTENANCE-COMMUNITY CENTER. SANCO INC MAINTENANCE SUPPLIES-FACILITIES. KENNETH FOXWORTH SPEAKER MLK CELEBRATION. SBS SOFTWARE CO ANNUAL SUPPORT. SENIOR COMMUNITY SERVICES SENIOR OUTREACH SERVICES 4TH QRT 1995. ALAN SHILEPSKY CONSULTING INC SERVICE-COMPUTER SYSTEM-FLEET SERVICES. CITY OF SHOREVIEW MUNICIPAL LEGISLATIVE COMMISSION SIGNUM GRAPHIC SYSTEMS SIMON ANN SCHUSTER W GORDON SMITH CO SNAP-ON TOOLS CORPORATION SNELL MECHANICAL INC MEMBERSHIP DUES. SUPPLIES-PARK MAINTENANCE. PUBLICATION-POLICE DEPT. GEAR OIL-FLEET SERVICES. SERVICE-VOLLEYBALL OFFICIAL-FEES PAID. SHOP TOOLS-FLEET MAINTENANCE. SERVICE-AIR HANDLERS RINKS 1 AND 2- COMMUNITY CENTER. 38879 SOUTH HENNEPIN REGIONAL PLANNING 4TH QRT 1995 FAMILY SERVICES 38880 38881 38882 38883 38884 38885 38886 38887 38888 38889 38890 38891 38892 38893 COLLABORATIVE. SOUTH TOWN REFRIGERATION INC REPAIR COOLER-LIQUOR STORE I. SOUTHWEST CONTRACTORS SUPPLY LADDER-UTILITIES. SOUTHWEST SUBURBAN PUBLISH INC LEGAL ADVERTISING-CITY HALL. SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT AD-HUMAN RESOURCES. STAR TRIBUNE SUNDAY PAPERS FOR RESALE. SPORTSWORLD UNIFORMS-ORGANIZED ATHLETICS. STREICHERS PROFESSIONAL POLICE EQ UNIFORM EXPENSE-POLICE DEPT. STOREFRONT/YOUTH ACTION INC 4TH QRT 1995 YOUTH COUNSELING. STRINGER BUSINESS SYSTEMS INC MAINTENANCE CONTRACT COPIER-CITY HALL. SUBURBAN CHEVROLET VEHICLE PARTS-FLEET MAINTENANCE. SUPERIOR FORD VEHICLE REPAIR-FLEET MAINTENANCE. SUPERIOR PRODUCTS MFG CO SUPPLIES-LIQUOR STORE I. SYSTECH SERVICES COMPUTER SUPPORT-POLICE DEPT. TEAM LABORATORY CHEMICAL CORP FLOATING LIFT SATATION DEGREASER- UTILITIES. 38894 TIE SYSTEMS INC OF MN MAINTENANCE COMMUNICATION SYSTEM- COMMUNITY CENTER/CITY HALL. PAPER-CITY HALL. 38895 TURNQUIST INC 38896 TWIN CITY FEDERAL 38897 TWIN CITY OXYGEN CO 38898 TWIN CITY VACUUM 38899 THIRTY THREE MINUTE PHOTO 3482957 REFUND FOR OVERPYMT FO FALSE SECURITY ALARM USER FEES. CHEMICALS-FIRE DEPT/FLEET MAINTENANCE. SUPPLIES-FACILITIES. FILM AND FILM DEVELOPING-POLICE DEPT/ COMMUNICATIONS/INSPECTIONS/PLANNING/ ASSESSING. /1 VI 50.00 291.54 159.75 886.16 114.78 248.89 212.33 796.43 250.00 79.87 3250.00 352.50 12000.00 149.10 9.36 862.68 504.00 196.46 174.70 4350.00 216.15 105.44 791.13 105.00 29.20 244.10 1486.7.8 1287.50 121.95 233.40 656.82 243.89 120.00 1730.63 753.00 743.80 100.00 107.60 504.82 309.81 ----------------------------- FEBRUARY 20, 1996 38900 UNIFORMS UNLIMITED 38901 UNLIMITED SUPPLIES INC 38902 US CAVALRY 38903 VOSS LIGHTING 38904 WALMART 38905 WAL-MART STORE 1855 38906 WASTE MGMT SAVAGE 38907 WATERPRO 38908 WATER SPECIALTY OF MN-INC 38909 WBCS 38910 WEATHER WATCH INC 38911 WEST WELD 38912 WEYERHAEUSER 38913 WILSON LEARNING 38914 ZACKS INC 38915 ZEE MEDICAL SERVICE 38916 ZEP MANUFACTURING COMPANY 38917 ZIEGLER INC 38918 ZIEGLER INC 37442 VOID OUT CHECK 38080 VOID OUT CHECK 38087 VOID OUT CHECK 38092 VOID OUT CHECK 38141 VOID OUT CHECK 462261 UNIFORM EXPENSE-POLICE DEPT. SHOP SUPPLIES-FLEET SERVICES. POUCHES-POLICE DEPT. LIGHTING SUPPLIES-CCOMMUNITY CENTER. REFUND FOR OVERPYMT OF FALSE SECURITY ALARM USER FEES/'. CAMERA-POLICE DEPT. WASTE DISPOSAL LIQUOR STORE I. SUPPLIES-UTILITIES. CHEMICALS-COMMUNITY CENTER POOL/CHEMICALS- COMMUNITY CENTER POOL. GRANT APPLICATION. SERVICE FOR THE MONTH OF FEBRUARY. SHOP SUPPLIES-FLEET SERVICES. RENTAL FEE-COMMUNITY CENTER. REFUND OF OVERPYMT OF FALSE SECURITY ALARM USER FEES. SUPPLIES-UTILITIES. FIRST AID SUPPLIES-COMMUNITY CENTER/PARKS/ STREETS. STOCK SHOP SUPPLIES-FLEET SERVICES. WELL 7 INSPECTION. WELL 6 INSPECTION. 12. VI 20.00 24.81 27.85 416.03 24.65 105.35 91.96 6519.84 396.01 50.00 150.00 589.34 40.00 100.00 191.27 190.47 249.48 410.00 410.00 776.45- 200.00- 175.00- 24.95- 4208.05- $1408129.32 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96 SECTION: Ordinances and Resolutions ITEM NO. VII. A. DEPARTMENT: Parks. ITEM DESCRIPTION: First Reading of Ordinance Amending City Code Recreation and Facilities Chapter 6 by Amending Section 6.06, Subd 5 Relating to the Placement of Robert A. Lambert. Director Snow or Ice in a Public Right-of-way ~ BACKGROUND: As the' City trail and sidewalk system continues to expand, the City is experiencing a growing number of problem areas, mostly adjacent to commercial parking lots, whcre snow from parking lots is being dumped on City sidewalks and trails within the City right-of-way. The majority of these problem areas occur when contractors arc hired to clean parking lots and they simply dump the snow at the most convenient location. The existing City Code restricts "placing snow or ice in a roadway." City staff would like to change the Code to strike the word "roadway" and add public right-of-way in Section 1. Subd. 5, and also add the following language under Section 2: "It is a misdemeanor for any person not acting under a specific contract with the City or without special permission from the Director of Public Works to remove snow or ice from private property and cause the same to obstruct, encroach upon, encumber, or interfere wholly or partially, with any public right-of-way. including by not limited to, a public roadway, walkway. bike or trail way. casement. park or other public property. The City may remove any such obstruction and assess the cost thereof against the abutting property." Once this ordinance is approved. City staff would notify all property owners who are violating this ordinance and request that they notify their contractors' they are no longer able to place snow on the public sidewalks adjacent to their parking lots. This change in the ordinance will greatly reduce the time it takes the City to remove from sidewalks. thus maintaining a safe pedestrian system within the commercial, industrial and office areas within the community. REQUEST: City staff request approval of the attached draft ordinance amending the title of Section 6.06. Subd. 5 Relating to Placing Snow or lee in a Public Right-of-way. BL:mdd AmendOrdlBob96 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 6 BY AMENDING SECTION 6.06, SUBDIVISION 5 RELATING TO PLACING SNOW OR ICE IN A PUBLIC RIGHT OF WAY. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The City Code is amended by amending the Title of' Section 6.06, Subdivision 5 in its entirety as follows: "Subd. 5. Placing Snow or Ice in a Road" .. ayPuhlit:>·R~9"lltf.(:);S XJay." Section 2. The City Code is amended by amending Section 6.06 Subdivision S.A. in its entirety as follows: "A. It is a misdemeanor for any person not acting under a specific contract with the City or without special permission from the Director of Public Works to remove snow or ice from private property and place the same in anyroad'.my and cause the same toobstruct,enpl:'0ach upon; encumber ,or interfere wholly.qrpartial];¥i.with any public.' right-of -way,including butnotlimitedt.o/a public roadway ,.walkway,bikeor trailway, easen1.eptl'paik. or other public property. The Ci.ty may remove any s.uch obs truction/and. assess thecostthereofagafnstl:;he abutting property ." ' ...... . Section 3. City Code Chapter 1 entitled "General provisions and Defini tions Applicable to the Entire Ci ty Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passge and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of Feburary 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ___________________ , 1996. City Clerk Mayor PUBLISHED in the Eden Prairie News on the -------day of _______________________________ , 1996. 2. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96 SECTION: REPORTS OF COMMISSIONS ITEM NO. ]J. A AND BOARDS DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger 3rd Quarterly Report from Senior Issues Task Force Jean Johnson Requested Council Action: Receive and discuss ... Background: The Senior Issues Task Force is reporting quarterly to the City Council .. Task Force Focus: Needs of Seniors in the year 2020, Long Range Planning Strategy. Supporting Reports: Third Quarterly Report dated February 13, 1996, I TO: MAYOR AND CITY COUNCIL FROM: SENIOR ISSUES TASK FORCE DATE: FEB. 13,1996 SENIOR ISSUES TASK FORCE THIRD QUARTERLY REPORT TO CITY COUNCIL Because 0 f the v.,'ea t her and ho I idays , two 0 f our meet ings ~h'ere canceled this quarter. (We ordinarily meet tlvice monthly.) Nonetheless we are making progress to~ard our goals and feel that we are on target for a final report in October. The Task Force continues to feel challenged b,,' the task set out by the City Courlcil. Attendance remains good and participation is excellent. The Task Force has spent discussing the findings of explorations of the members. ~o discuss volunteerism amone from "Volunteer Connections". Lts time mostly on conversation, its sub-committees and personal PRt ~ash arranged for the committee seniors with a kno~ledgeable guest I)~1f19J{r,?"pb~~c::~ .-\ sub-committ,ee consisting of ;-'iarv Coffer and Ron Case has been working on demographics and has presented its impressive preliminary demographics report. It suggests that by year 2015 the Eden Prairie population over age 65 will be 10,620 -- 16.3% of the anticipated total population of 65,000. That compares to a probable current populatlon in that same age category of just o\"e1' 20C)O. The demographics report I,ill be revised as necessar v , btl tit, \"0111 d appear that the conc L us ions are gu i te sol id and conslstent with demographic p~ocesses anll estimates made by other bodies locally and in the region. From those data, the Task Force will be able to estimate the probable size in 2015 of the frail and disabled populations that present the greatest challenges. fJ·~iJ._gl(teK1Y Another sub-co:nmi t tee cons istin~ of Sand;,--Werts and gette Anderson have been looking-at the issues of greatest concern to tbe frail elderly. The~' have been identifying the resources most commonly u~ed by Eden Prairie's current senior population. There is a feeling that educational, physical and financial resources of the baby boomer population may succeed in pushing back the advent of frailty in the a~ing, but once there, the issues and needs are likely to be the same as now. H.q!L~igg In an ambitious personal effort, Dick Brown contacted Eden Prairie apartment complex managers and determined that about one third of the current Eden Prairie senior population (over 65) lives in apartments. Barbara Buehl and Bill Jackson have also been working on housing issues. Although our con"versations from the outset have frequently dealt with housing, the sub-committee will soon be brin~ing the issues to the full Task Force to reach some conclusions and develop recommendations. Other sub-committees continue to explore other issues that cover a broad range of topics. 2 S.urY:~.Y_~ materials The in Task Force is llsin2; its deliberations. Eden Prai r ie We expect to resident survey have three main sources: The Decision Resources telephone poll commissioned by the City last summer -We have asked for responses to the City-wide po 11 to be broken do,·m by age categories so that we can interpret satisfaction and needs of the current senior population and identify differences in attitucies among the baby boomer population that will have retired or moved into Eden Prairie's senior age group by the year 2015. A questionnaire mailed to all residents with the latest newsletter, by the Housin~, Transportation and Human Services Council This questionnaire 'vas amended to include some questions of particular interest to our Task Force. Findings from upcoming discussions by focus groups selected from today' s senior res ident population The Task Force wishes to identify senior concerns that might be of interest today with the intent to project a future need. ME'!_tJ~QP_()L!Ja!l~r~a AMnc:x_on Aging~c:_t_i vi ty Bette Anderson has been Liaison with the Task Force and City on a pilot project on Information and Referral for seniors that is being undertaken as an outcome of the hi~hly regarded "Generations Report" by the Metropolitan Area Agency on Aging. Conversations are under way among providers of senior services in South Hennepin to identify resources and consider coordination with the Family Services Collaborative currently under development. Committee: Ron Case, Bette Anderson, co-chairs; Mel issa Beckmann; Richard Brown; Barbara Buehl; Marvin Cofer; William Jackson; Pat Nash; Sandy Werts; Jean Johnson, staff .. -~---------------------------------- CITY COUNCIL AGENDA DATE: February 20, 1996 SECTION: Reports from Commissions and Boards DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development Preliminary ffB Chris Enger Recommendations from David Lindahl HTSSB for Habitat for Humanity Housing Project. REQUESTED COUNCIL ACTION: Adopt recommendations from the Housing, Transportation, and Social Services Board (HTSSB) regarding how the City participates in developing affordable single family detached housing. BACKGROUND: The City Council at their January 16, 1996 meeting asked the Housing, Transportation, and Social Services Board (HTSSB) to consider how the City could assist in finding property for the construction of an affordable single family house in Eden Prairie. The home is proposed to be built through a joint effort between the Common Ground Church Consortium and Twin Cities Habitat for Humanity. A summary of the recommendations is as follows: 1) Support efforts of any organization seeking to provide affordable single family housing in Eden Prairie. Affordable in this case should be defined as serving persons with incomes below 80% of the median income for the metro area which is as follows: Household Income Size Limit One $29,100 Two $33,300 Three $37,450 Four $41,600 Five $44,950 Six $48,250 2) Set aside $20,000 to 30,000 in 1996 Community Development Block Grant funds to be used to help facilitate the construction of affordable single family homes in any of the following ways: Help write down the cost of a single lot -or acquire a single lot. Help write down the cost of a parcel ofland to be platted into lots for affordable single family homes. Help pay down outstanding assessments on tax forfeit lots. In any case, the City should limit the amount financial assistance it targets to anyone person, family, or housing unit, to $15,000. The City should attempt to help as many families as possible with the I limited resources it has available for housing related activities. The recently approved Columbine Townhouse development involved a total of $15,000 per unit in CDBG and Tax Increment funds provided by the City to help provide affordable rents for thirty years. As with the Columbine project, and all other City housing programs, any funds used by the City or BRA for housing purposes should be provided as low interest or interest free deferred loans to be repaid to the City at some future date (usually when the homes are sold). This will insure that these funds can be used again to help with other housing initiatives. 3) The City should attempt to fmd sites for affordable single family homes that fit with existing adjacent homes in terms of architecture and value. TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Housing, Transportation, and Social Services Board (HTSSB) February 13, 1996 Preliminary Recommendations regarding the City's Participation in a Habitat for Humanity Project. The Housing, Transportation, and Social Services Board (HTSSB) supports the efforts of any organization, private or public, seeking to build affordable single family detached housing in Eden Prairie. It recognizes that high land costs in Eden Prairie prohibit the private sector from building lower cost single family housing without a certain level of public participation. From 1986 to 1990 the City helped lower-income persons purchase single family homes in Eden Prairie by providing Community Development Block Grant (CDBG) loans of up to $10,000 per buyer. Since then the City has been participating in the Minnesota Housing Finance Agency's (MHFA) first time buyer program, which provides low interest mortgages to qualified buyers for the purchase of homes under the price of $95,000. The problem in recent years is that there are few if any single family detached homes for sale in Eden Prairie for less than $95,000. The request made to the City Council from the Common Ground Church Consortium was to provide a lot or land for affordable single family homes to be constructed through a joint effort between the churches and Twin Cities Habitat for Humanity organization. City staff has been unable to identify any City property available for this purpose. The HTSSB has examined other options for how the City could assist in this effort and recommend the following: 1) Support efforts of any organization seeking to provide affordable single family housing in Eden Prairie. Affordable in this case should be defined as serving persons with incomes below 80% of the median income for the metro area which is as follows: Household Size One Two Three Four Five Six Income Limit $29,100 $33,300 $37,450 $41,600 $44,950 $48,250 ------------------- - 2) Set aside $20,000 to 30,000 in 1996 Community Development Block Grant funds to be used to help facilitate the construction of affordable single family homes in any of the following ways: Help write down the cost of a single lot -or acquire a single lot. Help write down the cost of a parcel of land to be platted into lots for affordable single family homes. Help pay down outstanding assessments on tax forfeit lots. In any case, the City should limit the amount financial assistance it targets to any one person, family, or housing unit, to $15,000. The City should attempt to help as many families as possible with the limited resources it has available for housing related activities. The recently approved Columbine Townhouse development involved a total of $15,000 per unit in CDBG and Tax Increment funds provided by the City to help provide affordable rents for thirty years. As with the Columbine project, and all other City housing programs, any funds used by the City or HRA for housing purposes should be provided as low interest or interest free deferred loans to be repaid to the City at some future date (usually when the homes are sold). This will insure that these funds can be used again to help with other housing initiatives. 3) The City should attempt to find sites for affordable single family homes that fit with existing adjacent homes in terms of architecture and value. The HTSSB will be forwarding recommendations to the City Council to consider at the March 12, 1996 meeting as to how the 1996 CDBG allocation might be used. These recommendations will include setting aside funds for affordable single family homes as proposed above. 02/14/96 WED 10:24 FAX • wuaT I. LANe \lO()611 A. PAULY DAVID H. (J~(;ekJ;O"'. lUOLUll F. R.Q.WW MAlUt I •. "'I4NRON ,lo81'.J'H A. NIl.AN- SUSAN' M. LACU- WIT.I.lAM 11.. MIU.E1l TODD A. 3ATILhil JENNlPIiIl M. lNl! Ci$.AiNT D. POW1!U. MlCHllLLt: L. II,OGNT.lJl.N -Alilft AdI'It,tteci 11I WIIOOCWD '·"'00 Adm_ ill Caiando TO: THROUGH: FROM: DATE: SUBJECT: FAX LC7000 LANG~ PAULY & GREGERSON, LTD. A'.-rORNEYS AT LAW FIRST BANK PLACE 1600 IBM PARK BUILDING 650 TUIRD AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402-4337 TELEPHONE: (612) 338·0755 FAX: (612) 349·6718 MEMORANDUM MAYOR AND CITY COUNCIL CARL JULLIE. CITY MANAGER RlCHARD F. ROSOW February 13, 1996 USE OF TAX FORFEITED PROPERTY ISSUE EDEN l'IlAlRU} OPfll'CE 8llmnu ~ PUDll2 CI!N1t!1 DlUVE w~ 1'1l.A1lUI!. MINNJiSOTA S5)o14 Tl!LEPHONl!: (612)Il9-HS5 FAX: (6121I:l!l-On~ \U!1ILY TO MINN~I» OI'l'fCl! Whether the City and/or tbe Housing and Redevelopment Authority in and for the City (HRA) may acquire a parcel of tax forfeited property and convey that parcel to an individual or entity ror the construction of a residence that would be owned by an individual or family of low or moderate incom~? LANG, PAULY & GREGERSON, LTD. Mayor and City Council February 13, 1996 Page 2 FACTS I understand that the lot in question has $30,000.00 of special assessments levied against it and an assessed value of $10,000.00. In addition, the lot has poor soils and that soil correction is necessary in order for a development to take place. The City is a subrecipient of Community Development Block Grants (CDBG) under an agreement with Hennepin County, which funds are available for use in connection with the City's involvement with this property. Hennepin County is the recipient of the grant through the Department of Housing and Urban Development. SUMMARY As set forth in more detail below: 1. The City or the BRA may acquire the tax forfeited land directly from the County by paying an amount determined by the County to be not less than the property's value. 2. The HRA may acquire the vacant property to construct residence or to provide for its construction and to pay for site preparation costs. 3. The BRA may convey the property directly to private individuals or other entities at a price that shall take into consideration the estimated fair market value of cleared land or may convey the property to persons or families of low and LANG, PAULY & GREGERSON, LTD. Mayor and City Council February 13, 1996 Page 3 income at a price which may take into consideration the estimated fair market value of the real estate. DISCUSION Acquisition of Tax Forfeited Property Under Minnesota Statutes §282.0 1 either the City or the HRA is qualified to apply for and receive a conveyance of tax forfeited property. Under §282.0l, Subd. 1, if the City or HRA desires to acquire any parcel lying within the City, it must file a written application with the County to withhold the parcel from public sale. The application must be filed within 90 days of the request made by the County for classification and sale. The County then is required to withhold the parcel from public sale for a year. Under §282.01, Subd. la, two different methods of conveyance are specified. First, the property may be sold by the County Board to the City or the HRA for any public purpose for which that unit of government is authorized to acquire property. The property is then conveyed at a price "not less than their value as determined by the County Board." The second method of acquiring the property allows the City or HRA to receive the property without the payment of consideration. This method requires that the Commissioner of Revenue convey by deed in the 7 LANG, PAULY & GREGERSON, LTD. Mayor and City Council February 13, 1996 Page 4 name of the State the property held in trust to a governmental subdivision "for an authorized public use." An application must be made to the Commissioner which includes a statement of facts as to the use to be made of the property, the need for the property and the recommendation of the County Board. The deed received from the Commissioner of Revenue contains a requirement that the property must continue to be used for the purposes stated in the application. [§ 282.01, Subd. 1 c] If property that has been conveyed for a specific purpose is no longer put to that purpose, the governing body is required to convey the land back to the State of Minnesota. However, "a sale, lease, transfer or other conveyance of tax forfeited lands by a housing and redevelopment authority .... or a city authorized by Chapter 469 is not an abandonment of use and the land shall not be reconveyed to the State nor shall they revert to the State. II [§282.0l, Subd. Id] I have discussed with Hennepin County Tax Forfeit Department the acquisition of property from the County by either the City or the HRA under §282.0 1. I am informed that most cities use the first method of acquisition, that is, by payment of the value as determined by the County Board. The Tax Forfeit Department was not aware of any City acquiring property for a housing use by means of the second method, that is, a deed from the Commissioner. Further, the Hennepin County Attorney's Office informs me that the County cannot convey property to an HRA by way of this second method if the property is to be reconveyed to a private individual LANG, PAULY & GREGERSON, LTD. Mayor and City Council February 13, 1996 Page 5 or entity for redevelopment. Various opinions of the State Attorney General identify a two prong test for the conveyance of tax forfeited property. The property must (i) be used for a public purpose and (ii) be available for public use. Although acquisition of the property and redevelopment by or through the HRA is a public purpose, the conveyance of the property to a private developer or family means that the property is no longer available for public use. As a result of this the County Attorney concludes that the second method of conveyance whereby no consideration is paid is not available. I am further informed that the value the County sets on the property is considered quite reasonable and that the county does not attempt to extract what the marketplace would consider fair market value. Conveyance to the City If the property is conveyed directly to the City, the City is granted authority under Minnesota Statutes §465.035 to convey the property to the HRA. The Statute provides: "Any county, town, city or other public corporation may lease or convey its lands for nominal consideration, without consideration or for such consideration as may be agreed upon to .... any governmental subdivision .... another public corporation .... for public use when authorized by its governing body." The attorney general has issued an opinion stating that under the previous version of this statute, a village council could convey property owned by it to a local redevelopment agency for LANG, PAULY & GREGERSON, LTD. Mayor and City Council February 13, 1996 Page 6 purposes of the State Area Redevelopment Act, §472.01. [Op.Att.Gen., 471 F, March 20, 1963] Section 472 has been repealed and the authority provided in that Chapter is now provided in Chapter 469. Use and Conveyance of the Property by the HRA One of the purposes of the HRA is to provide "a sufficient supply of adequate, safe and sanitary dwellings in order to protect the health, safety, morals and welfare of the citizens of this state and to remedy the shortage of housing for low and moderate income residents." [§ 469.001] In reviewing the powers of an HRA, several terms are important to define. A "Project" means a housing project, housing development project or a redevelopment project. The term Project may also be applied to all real and personal property, assets, cash or other funds held or used in conjunction with the development or operation of the Project. [§469.002, Subd. 12] A "Housing Project" means any work or undertaking to provide decent, safe and sanitary dwellings for persons of low income and their families. Such work may include acquisition or provisions of buildings, land, equipment, facilities and other real and personal property necessary or convenient, or desirable appurtenances, streets, sewers, water services, utilities, site preparation, landscaping, administrative, community, health, recreational, welfare or other purposes. A Housing Project also includes the planning of the buildings and improvements, the 10 LANG, PAULY & GREGERSON, LTD. Mayor and City Council February 13, 1996 Page 7 acquisition of the property, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith. [§ 469.02, Subd. 13] A "Housing development project" is any work or undertaking to provide housing for persons of moderate income and their families. The work includes all the items stated above for a housing project. [§469.02, Subd. 15] A "Redevelopment project" means any work to acquire blighted areas of other real property for purpose of removing, preventing or reducing blight; (ii) to clear any areas acquired and install, construct or reconstruct streets , utilities, and site improvements essential to the preparation of the sites for use in accordance with the redevelopment plan; (iii) to sell or lease land so acquired for uses in accordance with the redevelopment plan; (iv) to prepare a redevelopment plans to incur planning, survey and other administrative costs and to prepare technical and financial plans for buildings and improvements and all other work in connection therewith or (v) to conduct an urban renewal project. "Persons of low incomes and their families" means persons or families who lack a sufficient income to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding. [§469.002, Subd. 17] "Persons of moderate income and their families" means persons and families whose income is not adequate to cause private enterprise to provide, without governmental assistance, IJ LANG, PAULY & GREGERSON, LTD. Mayor and City Council February 13. 1996 Page 8 a substantial supply of decent, safe, and sanitary housing at rents or prices within their financial means. An HRA is given extensive authority and power. Of particular importance to this issue is the power " .... to acquire by all means set forth in clause (6), [by gifts, grant, purchase, exchange, lease, transfer, bequest, devise or otherwise] .... real property and to demolish, remove, rehabilitate, or reconstruct buildings and improvements or construct new buildings and improvements thereon, or to so provide through other means as set forth in Laws 1974, Chapter 228, or to grade, fill and construct foundations and otherwise prepare the site for improvement. The Authority may dispose of the property pursuant to §469.029 .... " The HRA may finance these activities by: (i) redevelopment project funds; (ii) tax increments; (iii) tax increment bonds; (iv) federal grants; (v) bond issue; or (vi) by contributions from the municipality. [§469.012, Subd. 1(7)] An HRA may also acquire real property after the adoption of a resolution declaring (i) the acquisition is necessary to eliminate substandard, slum or blighted areas which cannot be redeveloped without governmental assistance, or (ii) that there is shortage of safe, decent and sanitary dwelling accommodations available to persons of low income and their families at rentals they can afford, or (iii) to provide decent, safe and sanitary housing for persons of low and moderate income, or (iv) that it is necessary to carry out a redevelopment project. [§469.012, Subd. 1(6)] EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96 SECTION: Director of Parks, Recreation and Facilities ITEM NO.'X[e I DEPARTMENT: Parks, ITEM DESCRIPTION: Concept Plan and Cost Estimate for Miller Park Recreation and Facilities 1ltngRink Robert A. Lambert, Director Late in 1995, the City Council authorized staff to contract with an architect to provide design services and cost estimates for a park shelter to accommodate a hockey rink, skating rink, and summer playground program in Miller Park. The staff estimate for the total project was $150,000. This was based on a $130,000 estimate for a building and lighting, using an estimated cost per square foot for a concrete block building, a parking lot for 15-20 cars, and turf within the hockey rink. City staff provided the architect with the architectural program that is attached. The architect provided staff with a concept plan that would meet the proposed budget for the building and lighting of $130,000. Upon review of that concept plan, staff was very disappointed in the quality of the building that could be provided for the estimated budget. This building will be the first of seven structures that will eventually be constructed in Miller Park. This building will set the standard for the quality of design and the type of materials that will be used to construct the other facilities that are mentioned in the architectural program. The City has invested 3.8 million dollars in Miller Park to date. The buildings that will be constructed in Miller Park will be an important factor in how the public evaluates the quality of that park for the next 30 to 40 years. City staff believe it is important to construct durable, long lasting facilities that are also enjoyable to use and pleasing to the eye. Staff have worked with the architect to develop a facility that would utilize the materials that would be used in all of the other facilities throughout the park, and that would have architectural features and a design that could compliment other buildings that may have rectangular, octagon, or square shapes. The estimated cost, including all of the alternates plus the parking lot, hockey rink and pavement within the hockey rink to accommodate roller blading, is approximately $235,000. Del Erickson, architect for the project, has also provided a concept plan that would meet the original budget for the building of $130,000, as well as the plan being recommended by City staff. If that design is approved the total project cost would be approximately $183,000. RECOMMENDATION: City staff recommend approval of the concept design that provides the added design features with a metal roof, the raised central portion that accommodates the raised ceilings and the natural lightening from the glass panels around raised roof, the rubberized flooring, the additional plaza and fire ring on the south side of the building, increasing the parking to 38 cars and paving the hockey rink. City staff can complete the installation of benches, interior painting, and interior shelving. City staff will also be responsible for grading the site, preparing the subgrade, and installing the parking lot, the asphalt base to the hockey rink, and construction of the hockey rink. With these changes the cost of the project total is increased to approximately $235,000. Staff recommend funding for this project from the cash park fees. BL:mdd 1 DATE: TO: PROM: RF.: February 12, 1996 Robert Lambert Del Erickson Miller Park Rink Shelter Commission No. 9602 " '. DELANO ERICKSON ARCHITECTS , ., . '! 7415 WAYZATA BOULEVARD MINNEAPOLIS MN 55426 612 -544-8370 Rased on our meeting of last week and review of concept design. we have prepared twO alternativos WI follows: A. Schematic as presented to you with masonry walls. metal roof, plastic toilet comp and vanity, skatingtn~, clerestory cupola and site lighting, uslng Park standard pole!;. Subgl'ado prupllrlltion and ullheatoo dC8ign are not lnclud~. Cost Estimate: General Construction Building: Patio, Firo RIng, and Entry Site Work: R.ink Lighting: Parking Lot Lighting (3 Poles): Total Construction: Pees and Contingency (7%): Total Budget E.'1timate: Items (NIC) by Owner: Cabinet and Shelving: Loose Benches: Total: SI99,600 $155,000 8,600 6,000 6,QOO S175,6OO 24,000 $199,600 $ 3,500 1.000 $ 4,500 B. MinImal cuncept provldlng same program space using wood frame construction, asphalt roof, withuut clerestory and with flat celUng, and omit extra doors and drinking fUUlltslu. Site work Is limited to entry walle and minimal site lighting and standard rink. liKhting. Cost Estimate: $137,600 2- Robet Lambert F ebroary 12. 1996 Pa&o 2 B. , Continued Oeneral Construction Building: Entry Site Work Only: Rink Lighting: Parking Lot Lighting (1 Pole): Total Construction: Fees and Contingency (8 %): Total Budget Estimate: Items (NIC) by Owner: Skate Tile Cabinet and Shelving: Fire Ring loose Benches: Total: $107,000 3,500 6,000 2·000 $116,600 21.000 $137,600 $ S,500 3,500 5,000 1.000 $ 15,000 The foregoing analy~i~ cumpares basic house construction with minimal equipment [0 commercial construction with durable equipment and finishes 8.\ well as desired design features. The cost differellt of $62,000 accommodates a masonry building, metal roof system, exterior patio and fire ring, heavy duty toilet accessories, french doors between the picnic shelter and multi-use room, skate tile, amI clerestory cupola with sloped ceilings providing for natural light and air circulation in the building. ; The accompanying drawing illustrates Concept A with a perspective view of both A and B for comparison. DE/tIt Attachment 3 .. Date: To: From: Re: / January 25, 1996 de Ik( ,NO ERICKSON ARCHITECTS a 7415 WAYZATA BOULEVARD MINNEAPOLIS JAN 55426 612 -544-8370 City of Eden Prairie, Bob Lambert Del Erickson Miller Park Shelter and Facility for Skating Rink Commission No. 9602 Architectural Program The following program is based on the program statements contained in the RFP for this project which will be located in Miller Park at 8208 Eden Prairie Road, and will be designed in conjunction with the City preparation of the site plan for an outdoor skating rink. The following summarizes our conversations regarding this facility and incorporates the specifics as to the building size, budget and schedule that were outlined. General Requirements Objectives: Create a multi-use park shelter which would accommodate skaters in the Wintertime and picnickers and/or classroom activities in the Summertime. The building will establish a form and general design concept for the entire park which could ultimately result in seven different buildings or structures. One thought is to use the octagon picnic shelter form with a cupola that would admit light and air which is available as a pre-manufactured unit and could be used for the large picnic shelter to be located near the lake. Other structures which should be considered in the future design include a softball restroom, and concession and storage facility located in the center of the four softball fields, a large picnic shelter mentioned earlier, a baseball grandstand facility with restrooms and concessions with a viewing platform to the fields, a restroom and concession facility relating to the small Little League field, a restroom, storage and concession facility relating to the soccer fields, and one or two small picnic facilities on the west side of the lake. As mentioned, the building should establish a theme which would have a continuity throughout the park. Present thoughts are the use of a metal standing seam roof, colored blue, and masonry walls could be block or brick which would provide a durable finish and minimum maintenance. The orientation of the skating facility should relate to the open skating area, as well as the hockey skating rink. It's anticipated that the open side of the picnic shelter and the view from the warming room would be towards the southeast and south for access of sunlight, as well as shielding these areas from the northwest winds. The Architect will assist Owner in the development of the site plan providing ideas on concepts which will improve the use of the building, as well as relating to the site needs.· One primary construction element of the project is outdoor lighting both for the skating areas, as well as the parking lot. 4 January 25, 1996 Page 2 Site and Design Considerations ( 1. The lighting for the outdoor rink would be on poles with the investigation of two possibilities locating tall poles with a number of fixtures at the diagonal corners or a series of poles on either side of the rink which could accommodate future wires strung across the rink to hang banners which could provide sun shading. 2. The parking area could be located along the west side of the property or along the north side with ultimate access to a trail that goes to the ball fields. Both locations should be studied. 3. Provide orientation to an area for an outdoor grill, as well as campfire area. Consider the concept of a fire ring with seating that might be directly accessible from the skating area. 4. Design an entrance areaway which would be the logical approach to the building and provide for a nice approach. Access from the skaters' side or area must consider the level relationships or need for ramps and provide for an in-and-out one-way movement for the skaters. Building Space Requirements Main Room 1. The main room is the focal point of the building. This area will serve as a warming room primarily in the Wintertime, as well as a multi-use meeting space for the Summer playground program and various picnic groups that would rent the shelter. 2. The room should accommodate fixed benches at the walls and the provision for movable benches and storage of the same. 3. Provide for a pay phone which can be located in a manner that can be supervised. 4. Provide for an area for the supervisor which would have vision of the toilet and entrance to the facility. The supervisor will be in the main space, and needs access to a storeroom, but would not be in the storeroom. 600 sq. ft. 5. Provide large windows to view the skating areas and admit sun and light. The windows must be screened with a very strong-type mesh to prevent breakage of the glass. The glass should be tempered and heavy-duty. 6. Consider locating a serving counter or facilities to accommodate a table with outlets for setting up picnics or coffee-type food service. January 25, 1996 Page 3 Restrooms ( ( 1. The restrooms must be designed to meet ADA requirements and design standards for a facility of this size. 200 sq. ft. 2. The men's toilet should accommodate an ADA accessible water closet, a urinal and single lavatory/countertop with appropriate hand drying and waste disposal area. 3. The women's toilet room should accommodate two water closets, one ADA accessible with a lavatory/countertop and drying and waste area. 4. The restrooms could possibly function without doorways, however, they must be screened, and access to these rooms shall be through the main room. 5. The finish on the walls and floor must meet the State Health Code and shall be durable and maintainable. Mechanical Room/Storage Room 220 sq. ft. 1. The storeroom is a locked area providing storage for supplies, some outdoor maintenance equipment, as well as indoor maintenance equipment, some cabinets and shelves for storage, a location for the furnace, meters, electrical panels, a telephone that would be connected to the City system, hot water heater and plumbing access for the toilet rooms. A slop sink floor receptor should be located in the room for cleaning up the shelter. 2. The room should be sized to provide storage for folding tables and chairs that may be used in the main room, the number to be determined. It is estimated at 30 to 60 at this time. Sheltered Outdoor Deck 600 sq. ft. 1. The outdoor shelter will be used for picnics and sheltered sitting in conjunction with the skating rink, as well as other activities in the Summertime. A grill area shall be located adjacent with a paved access to the shelter slab. 2. The picnic shelter room should be an extension of the building and tie in to provide a unified whole. 3. Consider a double open doorway or some type of opening which could easily interact between the shelter open area and the enclosed main room to be used for serving picnics or classroom activities with an indoor/outdoor character. (, January 25, 1996 Page 4 ( ( 4. Provide security lighting in the shelter and some exterior-type electrical outlets for plugging in picnic equipment. Design Considerations 1. Structure must be totally handicapped accessible per ADA requirements. 2. Exterior lighting for security should be provided on the building. 3. Provide hose bibs located on the outside of the structure to be the keyed type. 4. Drinking fountains should be provided in the outdoor shelter space and in the main room. The exterior fountains should be vandal-proof. 5. The windows must be covered with heavy-duty security screen. 6. The building will have a security alarm system connected to the police dispatch. 7. The building color scheme should coordinate with the colors in the park system which are blue and black. Total Estimated Square Feet of the Building and Shelter: Add 20% for net to gross conversion to bring a total gross area of: Budget 1,620 sq. ft. 1,950 sq. ft. The present budget for the facility is $130,000 plus $3,500 for the entryway. This is to include lighting, fees and other costs associated with the building. All site work and parking will be accommodated in another budget, however, the parking lot and rink lighting will be part of the $130,000 budget. At the completion of the schematic design phase, a detailed cost estimate will be prepared to determine how we can meet that budget either through alternative systems, future construction, and/or bidding alternates that can be incorporated into the construction documents. This budget will be presented to the Council to determine what will be incorporated in the bid package. 1 .. January 25, 1996 Page 5 Time Schedule -( Contract signed and authorization to proceed Initial meeting and program development Review program and design concepts Review schematic design and rough cost estimate ( Prepare final design development and cost estimate to be reviewed Approval by ~arks Commission Authorization to go out for bids and design approval by Council Prepare construction documents and issue advertisement for bids Issue plans for bids Receive bids Approval by Parks Commission Contractor approval by Council Start construction Complete construction January 16, 1996 January 19, 1996 January 29, 1996 February 5, 1996 February 15, 1996 To Be Scheduled February 20, 1996 February 22, 1996 March 5, 1996 March 21, 1996 2:00 p.m. April 1, 1996 April 2, 1996 April 16, 1996 August 16, 1996 nOS3NNlt'I '311l1Vl1d N3<J3 0'9'00 3IIlIVW N3<J3 80<:9 .LV llIVd 1J3T1It'i IH1l3HS )lNII:l )ll:lV d l:l3111V'l B § -----_._-I ~ III ~ ~------------------------------------------- " :Il, .. , , , , , , , , I I , , , , , , , , , I , I , , I I I I , , I I I I I I I I , , , I I I , I I I I , , ", I '), -----U ------;0(' i'F~,:l'i i ,I '1'/ \': : I : : , , , ~~~~~~I'~I : ~~' ~~~~~~ r L~ ________________________ --------- L::!=+=-~=_::.=*=.::..::..::-=-=--=-=-++_------ J~------___.-------.-~- ~ ~ , ~ ~ . ~ i I I I .I ~: , I --.~ .1 I ~ i --1--" \ I ! \ i \ \ , EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96 C SECTION: Director of Parks, Recreation and Facilities ITEM NO.'N Z DEPARTMENT: Parks, ITEM DESCRIPTION: Duck Lake Management Plan Recreation and Facilities ~ Robert A. Lambert, Director At the February 6 meeting, the City Council directed staff to work with the DNR to determine if the DNR would support developing a "carry on" public access from our property on Duck Lake Trail, if the City passed an ordinance restricting the surface use of Duck Lake to "no motors." This would basically restrict all of the property owners living on the lake to having the same access to use of the surface waters as the rest of the public. The process for passing a Surface Management Ordinance is to hold a public hearing explaining the ordinance to the residents that live in the vicinity ofthe lake, then sending the results of that hearing as well as the draft ordinance to the Commissioner of the Department of Natural Resources for his approval. The Commissioner of the DNR has 120 days to approve the language or make recommended changes to the language of the ordinance. Once he has approved the ordinance, the City then holds the first and second reading of the ordinance. REQUEST: City staff request the Council authorize staff to initiate the process to pass a Surface Management Ordinance restricting the use of Duck Lake to no motors. Staff further requests the Council to approve a plan in which the City would develop parking for three to four cars on the City property south of Duck Lake Trail where people could launch a boat that could be carried on top of a car, back of a pickup truck, etc. These generally would be canoes, small rowboats, or small sailboats. Staff would further request authorization to install an electrical service on City property in order to accommodate a portable aeration system that could be installed whenever the lake experiences oxygen depletion in future winter months. Assuming all of the above is approved, staff would also be applying to the DNR for a fishing pier to accommodate fishing from the City property on the north shore of the lake, and, hopefully, reduce the number of children that arc presently fishing along Duck Lake Road. The estimated cost to develop the parking spaces and install the electrical service is under $5,000. Staff recommends use of cash park fees for this project. BL:mdd DLMP2IBoh96 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96 SECTION: Director of Parks, Recreation and Facilities ITEM No."WC3 DEPARTMENT: Parks, ITEM DESCRIPTION: Natural and Scenic Grant Program Recreation and Facilities ~ Robert A. Lambert, Director BACKGROUND: In 1995, the City turned back a $50,000 grant that had been approved for the acquisition of the Peterson property known as Option Parcel No.1. The City Council detennined that the $50,000 was not a sufficient enough incentive to pursue acquisition of the $280,000 parcel at a time when the cash park fee fund was extremely low. The State Legislature is considering increasing the maximum grant amount from $50,000 to $200,000 for the 1996 program. The grant would still be based on a maximum grant of 50% of the actual cost with a $200,000 cap, if approved by the State Legislature. The City has recently received the application material for the 1996 grant. The application process includes the requirement of a current appraisal that must be completed and submitted along with the grant application. The application deadline is May 1 st. The estimated cost for an appraisal of the site is approximately $1,000. The grant application also requires the City Council to hold a public hearing and submit the results of that public hearing with the grant application. REQUEST: Staff are requesting the Parks, Recreation and Natural Resources Commission and the City Council to determine whether or not City staff should proceed with the grant application process for 1996. The estimated costs to the City to complete the application includes approximately 40 hours of staff time, cost for an appraisal, and the cost for a public hearing. If the City is successful and is able to acquire the project in 1996 the option on the parcel is $19,000/acre for 15.8 acres, for a total cost of $300,200 net cost. If the legislature approves the expanded minimum, and if the City were successful, the grant would be $150, 100. The City's match would have to come from the cash park fees, the general fund reserve, or from a referendum. The City does have option on the parcel until the year 2000; however, the option cost goes up by $1 ,OOO/acre each year. The City also has two years to acquire the parcel after the grant is approved. City staff recommend the Council authorize staff to apply for the grant. If the City is successful, the City then has the option of either using cash park fees as a matching funding source or going to the voters through a referendum for the 50% match. It should be noted that the City has two remaining parcels of land to acquire on the Peterson property. Option Parcel No. I is approximately 15.8 acres. Option Parcel No.2 is approximately 30 acres. BL:mdd -grant2lBob96 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-20-96 SECTION: REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT ITEM NO. XI D 1 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEARPATH PUBLIC ACCESS Requested Council Action: The Staff recommends that the Council take the following action: Grant consent of these proposed easement regulations. Background: Included in your packet is: 1. A short memo detailing Bearpath's responsibility to the City to provide access. 2. A proposal from Bearpath for their guest register as modified by City staff and agreed to by Bearpath. 3. Excerpt from Bearpath's Developer's Agreement requiring an easement. 4. Excerpt from an easement stipulating consent by the City of proposed regulations. /. MEMORANDUM TO: Mayor and City Council FROM: Chris Enger, Assistant City Manager DATE: February 13, 1996 SUBJECT: Bearpath Public Access Bearpath received approval for its overall plan in 1992. Critical to the concept of security was control of public access into the private club and golf course community. The project was approved with private streets with the provision in the Developer's Agreement that there would be an easement to allow pedestrian and non-motorized access to the streets. Bearpath was to regulate this access with the consent ofthe City. Bearpath has granted the easement as a part of the Final Plat and proposes admittance in the same fashion as Bearpath resident's guests. The public would enter Bearpath at the Gatehouse, and would be granted admittance during daylight hours as guests of Bearpath. As with other guests, they would sign a guest register. Bearpath would limit during special events and tournaments. Children under 12 would need to be accompanied by an adult. Guests would be given an identification pass with the following infonnation on it: Welcome to Bearpath. Please review and abide by the following regulations. You accept any and all risks associated with your entry onto the Bearpath property. • Enter and exit through the gate house only. • Admittance is during daylight hours only for the sole purpose of walking or bicycling. All guests must exit the gate house prior to sunset. • There are no bike or walking trails in Bearpath. Your travel is limited to the streets only. Entrance onto any property off the streets is prohibited. • No travel is permitted on the Bearpath Country Club grounds. This includes the entrance drive, parking areas, pool, tennis courts, golf course and its cart paths. • Minors under 12 admitted shall be supervised by the adult guest at all times. • Please be courteous and do not disturb any residents or their guests. Entrance onto the Bearpath property is at my (our) own choosing and risk. Bearpath Homeowners Association, Bearpath Golf and Country Club (its members and guests), Bearpath Limited Partnership, Bearpath residents and their guests cannot be responsible for any claims that may occur as a result of my (our) entry onto the Bearpath property. Bearpath had originally proposed guests signing a waiver with the register (next page) but agreed to modifications shown. The register would be only a record of who was in Bearpath, the Rules would be listed separately and perhaps included on a pass. A ~ O'r":j''''''' 1I'j ?V" o~~d b j ~ y-F,f~ EDEN PRAIRIE GUEST REGISTER Q.',' (.\p'de b~ Welcome to Bearpath. Please revieWAthe following regulations.aREi wai¥w 9~Hllhitily. Please Mgtl ~elerN te aeimo nled88 yo'Jt agteetDept to abide ~y ~se legmaltOIlS mId ((5 Yeu accept any and all risks associated with your entry onto the Bearpath property. Date • Enter and exit through the gate house only. • Admittance is during daylight hours only for the sole purpose of walking or bicycling. All guests must exit the gate house prior to sunset. • There are no bike or walking trails in Bearpath. Your travel is limited to the streets only. Entrance onto any property off the streets is prohibited. • No travel is permitted on the Bearpath Country Qub grounds. This includes the entrance drive, parking areas, pool, tennis courts, golf course and its cart paths. utder (:;\ -:? -I:;, -~ • Mino~ntittetl shall be supervised by the adult guest at all times. r;et-;., ~re. fY'"o~ I I I • Please be courteous and do not disturb any residents or.guests. THANK YOU FOR YOUR COOPERATION I "1I11S ,MtitJnrlagae .-jII1J, til"'"'' .,,;6 t'h .. aPE ,!&,utmll»lrfllRII!I! ,fa. "" fintrance Mil ;!,tIIW! "'tift, ",ilttJ1'!9 ""rie» my 3Ape. .isn, onto the Bearpath property is at my (our) own choosing and risk. I fJ"~ "6''e'e M-IttIItI Bearpath Homeowners Association, Bearpath Golf and Country Club (its mem"'" and£~Arnath --C,",VI. ;\i-l:-be ~ 0'" I ;-~;;.T Limited Partnership, Bearpath residents and their guestsl'h""~JJ-any _II.". claims that my occur as a result of my (our) entry onto the Bearpath property. Time Name Address S!!lnature 10. constructed, prior to the Release of a re-plat of any part of the property adjacent to Riley Creek. PEDESTRIAN AND BICYCLE ACCESS: Developer agrees that public pedestrian and bicycle access and trails into and within the residential areas of the Property shall be provided. Developer shall either (i) dedicate to the public in the Bearpath plat of, or (ii) prior to release of Bearpath plat deliver an executed Easement Agreement (and shall provide evidence of recording thereof in the Hennepin County Recorder's office) granting an easement to the public in such form and substance as approved by the City's Senior Planner, of such access and trails as shall be approved by the City's Senior Planner. 11. DELL ROAD: Prior to Release of Bearpath plat Developer shall (i) grant or cause the Owner thereof to grant to City an easement in such form and substance as shall be acceptable to the City Engineer in, to, and over land described in Exhibit F hereto for street, storm sewer, sanitary sewer, water, and other utility purposes for construction of Dell Road and (ii) provide evidence of the creation of easements on and over private streets such as will afford access to and from a public street and each lot wi thin Bearpath plat in such form and substance as approved by the City Engineer. nonexclusive easement to enter upon any Lot and upon unimproved portions of any Dwelling for the purpose of mowing, removing, clearing, cutting, or pruning, underbrush, weeds, stumps, or other unsightly growth and removing trash, so as to maintain reasonable standards of health, fire, safety and appearance within the Development, provided that such easement shall not impose any duty or obligation upon Declarant or the Association to perform any such actions. 5.1.12 There is hereby reserved for the benefit of Declarant, the Association, and their respective agents, employees, successors, and assigns, an alienable, transferrable, and perpetual right and nonexclusive easement on, over, and across all Lots and all unimproved portions of Dwellings for the purpose of taking any action necessary to affect compliance with environmental rules, regulations, and procedures from time to time promulgated or instituted by the Board of Directors or by any governmental entity, such easement to include, without limitation, the right to implement erosion control procedures and practices, the right to drain standing water, and the right to dispense pesticides, as limited pursuant to section 8.1.34 hereof. 5.1.13 A Conservation/Scenic Easement has been granted by Declarant and the Association to the City. 5.1.14 An easement over the Streets for pedestrian and bicycle access is hereby granted to the general public, provided, however, that said pedestrian and bicycle access easement shall not apply to any Lots or Dwellings. Public access IPS 126625 pursuant to this sectio~may be regulated by the Association, in accordance with the terms of this Declaration and subject to the ~ -............ ---.......~' ........ ---.... ~,.'" ~"--~ '"' ....... consent of the City of Eden Prairie. ~~~"~-"w,,,,,,,,,,,,,,,",_ .. __ ill'F'" r~.,.~,.-..y 5.1.15 There is hereby reserved for the benefit of Club Owner, its successors, assigns, and successors-in-title, with respect to the Country Club Property, the following transferrable, alienable, and perpetual rights and nonexclusive easements: IPS 1215625 5.1.15.1 A right and easement for the installation, maintenance, repair, replacement, and use within the Common Elements of security systems, utility facilities and distribution lines, including, without limitation, drainage systems, storm sewers, and electrical, gas, telephone, water, sanitary sewer and master television antenna and/or cable system lines, and a right and easement for the drainage and discharge of surface water onto and across the Common Elements, provided that such drainage and discharge shall not materially damage or affect the Property or any improvement from time to time located thereon. Such right and easement shall be limited and restricted as set forth in section 5.1.1 hereof. 5.1.15.2 A right and easement for pedestrian use on, 'over, and across the Common Elements, and such portion of any Lot lying within five (5) feet of any street adjacent to the front lot line of such Lot, to the extent any portions of such property have been improved with golf course paths, for the use of all members, guests, and other DATE: 02/20/96 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Director of Public Works ITEM NO: JSL f I DEPARTMENT: ITEM DESCRIPTION: Public Works 1996 Utility Enterprise Budgets Eugene A. Dietz Requested Action: Adopt, by motion, the proposed 1996 Water, Sanitary Sewer, and Storm Water Utility Enterprise Budgets. Background: Combined, the water, sanitary sewer, and storm water utilities represent a $6 million operating enterprise of the City of Eden Prairie. They provide vital public services that people take for granted. The morning shower or cup of coffee, the flush of the toilet or garbage disposal, the safe runoff of storm water from homes, driveways and streets. They are essential for public health, safety and welfare. The proposed budgets have been developed to ensure that the funds remain financially solvent business enterprises and affordable to the City's customers. Water Utility Operating expenses in the water utility are projected to increase approximately $117,000 over the 1995 adjusted budget, a 4.8% increase. However, over one-half of the amount is attributable to the fact that a foreman position in the Water Plant was left unfilled 1995 and chemical costs for the production of water are expected to be higher in 1996. Additionally, contracted repair and maintenance in the system maintenance section of the budget has been increased slightly to make repairs for specific projects located on Highway 169. With these exceptions, the budget remains essentially unchanged from 1995. At this writing, the design effort for the plant expansion is approximately 50% complete and construction is expected to commence in August, 1996. Therefore, the 1997 budget proposal will necessarily address staffing levels for operational needs when the expanded plant comes on line in 1998. Sanitary Sewer Utility No program changes for the sewer utility are proposed for 1996. The primary cost to this fund is the disposal cost as charged to us by Metropolitan Council Environmental Services (MCES). Excluding the disposal costs from the operating budget, the spending in the sewer enterprise budget will increase approximately $40,000 over 1995 adjusted budget levels, but will actually be $100,000 less than the adopted 1995 budget for the program. Since there are no new staff or equipment purchases, this merely means that the use of staff time varies from year to year depending on system needs among the three enterprise funds. , The method of showing waste disposal costs in the general segment of the sewer enterprise fund is being changed for 1996. In prior years, net costs to MCES were listed in the budget, but did not reflect actual current-year disposal costs due to the mechanism of showing variances from two years prior. For example, actual 1994 disposal costs were approximately $1,800,000, but the budget shows $1,275,000 after a $554,000 credit from 1992. To better show the actual trend of disposal costs, the actual estimated flows at the expected rates will be utilized and a footnote will be shown at the bottom of the budget page to show either credits or debits due to variances from two years prior. MCES is currently in the hearing stages for changing the service rates/cost allocation system. A task force recommendation, if implemented, will change the current estimate and two-year lag variance process to an actual pay-as-you-go system. It is anticipated that these changes will be known in time for preparation of the 1997 budget. The primary impact is likely that we will need to make certain to maintain adequate reserves in the fund to accommodate major "swings" in billings each year. Stonn Water Utility The primary challenge in this enterprise fund is the need to have a water quality plan to more accurately determine the direction for capital improvements. The Watershed Districts appear to be getting closer to approvals for their "509 Plans" (Water Quality Plans at the Watershed District level). Approval of these plans will provide the focus necessary for the City plan to be developed. The primary feature in the Storm Water Utility budget for 1996 is the acquisition of a new street sweeper. This would be a replacement for an existing 1978 machine that has gone beyond its optimum service life. Prior to acquisition, staff will study the desirability of purchasing a regenerative air type sweeper. Similar to.a "vacuum cleaner", the regenerative air sweeper allows pick up of fme particles from the street surface --an aspect staff believes to be important in the long term water quality goals for the City. Environmental En&ineer Attached for your review is a copy of a memorandum dated January 11, 1996 to Carl Jullie regarding an Environmental Engineer position. This position is imperative in order to deal with all the mandated environmental issues that the City must confront in the coming years. The Director of Public Works will be available at the Council Meeting to address these job duties in more detail. Retained EarninKS Attached is a summary of retained earnings (analogous to a fund balance) in the three enterprise funds entitled "Utility Fund Performance". Based on this information and in meetings with Councilmembers Tyra-Lukens and Thorfinnson, any rate changes for the utilities will be evaluated with the 1997 budget proposal at mid-year. NET IN~QME (LOSS) 1990 Actual 1991 Actual 1992 Actual 1993 Actual 1994 Actual 1995 Estimate 1996 Estimate UTILITY FUND PERFORMANCE February, 1996 Water Sanitm Sewer $(128,736) $ 26,958 $ (73,383) $ 214,746 $(151,387) $ 460,221 $(365,037) $(567,197) $(371,781) $(675,575) $ (54,000) $ 418,000 $( 80,000) $ 76,000 RETAINED EARNINGS AT December 31: 1990 Actual $2,067,193 $(431,241) 1991 Actual $1,993,810 $(216,495) 1992 Actual $1,842,417 $ 243,726 1993 Actual $1,477,380 $ 363,740 1994 Actual $1,290,236 $ 213,920 1995 Estimate $1,236,000 $ 632,000 1996 Estimate $1,156,000 $ 708,000 Dsk:BDG96.Actual.Est Storm Drainage nla nla nla $(224,059) $194,381 $ 237,000 $ 96,000 nla nla nla $(224,059) $ (29,678) $ 207,000 $303,000 TO: FROM: DATE: SUBJECT: Carl Jullie Gene Dietz -MEMORANDUM - If ~ January 11, 1996 Environmental Engineer Position Carl, I am requesting authorization for the addition of one full time permanent employee in the department. The title would be "Environmental Engineer" and would be fully funded from the Enterprise Fund --one-third each from Water, Sewer and Storm Water Utility. Although I have not written a detailed job description, the primary duties would fall in the following areas: • W A'IER QUALITY Although we have implemented a storm water utility, effective spring, 1994, we have yet to progress in the area of developing a water quality plan. There has been a "pent up" demand for the funds, so that we do not have a large surplus in the account. However, we do expect that the Watershed District 509 Plan will be completed some time in the near future and we need to develop an RFP, work with the selected consultant and generally administer the development of that Water Quality Plan. Upon completion, I would expect an on-going implementation need. • SLUDGE DISPOSAL We have three more contracts for sludge removal from our lagoons at the Water Treatment Plant site. After that, we have a daily "sludge disposal problem". We very much need to develop a solution to this issue during the next twelve months, so that we may be ready for implementation by mid-year 1998. • SDW A COl\1PLIANCE Ed has been our expert on the Safe Drinking Water Act (SDWA), but his time is limited. The volume of information from EPA is absolutely incredible and I believe that we need to begin to monitor these regulations much more carefully in the future. • PuBLIC EDUCATION As part of the Water Plant Expansion, we are going to be responsible for an active public education program in water conservation. Program development in the education space as well as information sent out to the public will be a time consuming task in order to be effective. CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works Environmental Engineer Position Page 2 of 3 • HAZARDOUS WASTE DISPOSAL Again, research of current requirements in this area is an important task --one which caught us by surprise during the paint removal process at the Hidden Ponds Elevated Tank. Additionally, the City of Eden Prairie is a hazardous waste generator in our work spaces and monitoring/compliance with regulations needs to be an on-going activity. • WELL HEAD PROTECTION We have been working with the Hennepin Conservation District for the development of a well head protection plan, which is required for all community water supplies (I think at the end of this year). Although the plan would be complete, staffing for compliance with the proposed regulations will be an on-going task, i.e., all hazardous waste generators within our protection area will have to develop a compliance plan which will have to monitored annually. • SEFI'IC TANKS We have talked about the need for monitoring on-site septic systems since the City Offices were housed on Eden Prairie Road. I believe that this is going to be an important issue with water quality in our lakes and this position, at the very least, would develop the program, if not the actual inspections themselves. • RECYCLING COORDINATOR Although this is not a huge task, we definitely have a "paper jam" going in this area since Craig left. • ENvIRONMENTAL AND WASTE MANAGEMENT COMMISSION This position would staff the Commission and provide the work effort necessary to implement many of the programs that they are currently discussing --and there are a number of them. • WETLAND CONSERVATION ACT (WCA) The issues of mitigation sites and wetland impacts are coming up on many of the projects that we implement through the department. This position would develop the skills necessary to properly manage this regulatory requirement. This list of duties, in my opinion, represents more than a full time position and it also represents only my thoughts on the subject. I am confident that more un met needs exist in the environmental area if others were given an opportunity to comment on the job description. CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works s Environmental Engineer Position Page 3 of 3 The only unresolved issues at this time are: 1. Who the position would report to. I am contemplating that the person would report directly to me and then would be shared among other divisions as necessary. 2. Where the office space might be located. This would generally be resolved with the solution of Number 1 above. 3. Writing a final job description. After you have reviewed this information, I would like to discuss the issue more fully. I promised the City Council I would bring the Enterprise Fund budgets to them in February and this issue needs to be resolved before those documents can be finalized. The preliminary information that I based my discussion on rate increases with the City Council anticipated this need and approximately $20,000 in each of the Enterprise Funds was included in my analysis. EAD:ssa CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works DATE: 02/20/96 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Director of Public Works ITEM NO:::xr E. 'L DEPARTMENT: ITEM DESCRIPTION: Public Works Dominick Drainage Request Eugene A. Dietz Preserve Recommended Action: Authorize staff to initiate a project along the southerly common line of Outlot B and adjacent lots in the Westwind Addition subject to the following conditions: 1. City cost participation limited to 50 %. The balance would be from either the Association or the adjacent property owners. 2. The Preserve Association would be responsible for obtaining "right-of-entries" for access to the properties. 3. If preferred by the Association, the City would agree to levy the costs of the improvements against Outlot B so that the obligation could be against the entire association membership. Background: The Preserve is a unique development within 'our community and in the early 1970's, this project was viewed as being the standard for the future. In most respects, the project has been highly successful and a very positive part of Eden Prairie. The overall development generally provides its own open space, trail system, tennis courts and a swimming pool for its membership. These features were in lieu of cash park fees for the project. The expectation is that the Preserve would not only provide the facilities, but maintain the open space areas as well. As noted in their handbook: "8. Services provided by the "Association" shall include maintenance and lawn care for common areas such as pathways and tot lots and maintenance of the reconstituted Neil Lake area, community center, tennis courts, swimming facilities, record keeping, management and supervision. • A reserve fund has been created using funds from the yearly dues and placed in trust for amenity items that require periodic replacement. " In 1995, there were approximately 1,684 units in the Association that were assessed $143.00 per year, which generated approximately $240,000. However, when we met with the Association we were advised that they do not have enough funds available for maintenance of these common spaces, especially since pool maintenance is a very high cost for them. This is further complicated by their by-laws which limit fee increases to 5 % annually. The final complication in this puzzle is that there are no drainage and utility easements in the vicinity of Mr. Dominick's home. The Outlot is privately held by the entire association and the adjacent properties are privately owned and no easements exist to cover the drainage ways that were originally constructed. The issue of spending public funds on private property has always created a legal quandary. However, the following rationale should be considered: • There are public streets in this area, which contribute some portion of their drainage to the problem. • Residents of the Preserve do participate in the storm water utility, as do all our residents in the City. Assuming the residential rate of $3.00 per quarter, we do however only collect approximately $20,000 per year from all of the Preserve area. • Solving this type of drainage problem is one of the intended uses of the funds derived through the storm water utility --although resolving nuisance problems would not be a first or second priority. • If the Preserve cannot or will not do it alone, who will? Proposed Solution: City staff prepared a proposed design for the problem and presented. it to the Preserve Association in 1995. There were two phases to the solution that consisted~rain tile installation and restoration. The estimated cost for the areas specifically adjacent to Mr. Dominick's home is approximately $10,000 and to continue that system further to the east would cost an additional $8,000. At approximately $20,000, this improvement should not be viewed as a major drainage improvement, but rather an attempt to resolve a nuisance problem as cost effectively as possible. Based on the historical prospective of this development, staff strongly recommends that the City, at most, be equal partners in trying to resolve these issues. There are four similar (but perhaps smaller) problems in the development that we are aware of. By requiring the Association to be a part of the solution, they can not only obtain access for the City, but also provide a mechanism to prioritize these issues. Clearly, we probably have hundreds of nuisance type drainage problems throughout the community that vary in magnitude. Without some type of participation by the affected parties, we could easily be inundated with these requests, when in fact the primary goals for the storm water utility had priorities in the area of flood control and water quality. Staff will be available at the Council meeting to further explain the issues and provide visuals of the proposed project. EAD:ssa cc: Leon D. Dominick, 8675 Westwind Circle Evelyn Law, General Manager, Preserve Association FROM LEON D. DOMINICK dated: 20 February 1996. EDEll PRAIRIE Crry COUNCIL AGEIIDA FEBRUARY 20, 1996 rrEM: DOMDUCK DRAINAGE REQUEST We have reviewed the recommendation of The Director of Public Works on the above subject and believe that there are a number of problems that were not addressed in the recommendation. The problems we see as needing attention are outlined in detail in the letter and .. attachments from L. D. Dominick to Mayor, Dr. Jean Harris dated 15 January 1996. A brief summary of these problems and suggested solutions follows: 1) The storm sewer entrance on the west end of Windrow Drive overflows over private property and causes hillside erosion as well as flooding in the valley below. Capacity of the storm sewer needs to be increased. 2) The storm drain entrance on the lower end of Leeward Circle overflows over private property and causes flooding on the valley below. Capacity of the storm sewers needs to be increased. 3) The storm drainage ditch in the valley between Leeward Circle and Westwind Circle (West wind Addition Lot 1 to Lot 6) has become almost completely filled in and results in flooding in this area. The storm drainage ditch needs to be redefined or drain tile be installed. 4) The storm drainage ditch which runs the full length par~lel to the east of the bituminous trail (from Center Way to the foot of the slope to the north) has been almost completely obliterated do to erosian and debris thus, the storm sewer at the foot of the slope is practicaly useless. Now storm water cascades over the bituminous trail and down to the valley below. This entire .. ) drai A32 na ge ditch ne ds to be redifine1 and cleaned out. , /' P-//' "L~1 .~~~ L/ Leon D. Dominick for . Adjacent Property Owners. . EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96 SECTION: Report of Director of Public Works ITEM NO. XI. E3 DEPARTMENT: Parks, ITEM DESCRIPTION: Tax Forfeited Property -Non-Conservation List Recreation andy/.~p~ 90I-NC. Resolution Relating to Proposal Stuart A. Fox 7")1 \ "{ Attached is a list received from Hennepin County certified as non-conservation list 901-NC. These properties have been pronounced tax forfeit to the State of Minnesota for non payment of property taxes. As is provided in State Statute 282, Hennepin County has requested the City to make a recommendation as to the disposal of these three land parcels. The City can either approve the parcels for public auction, approve the parcels for sale to an adjacent property owner withhold the properties from auction for one year, or request conveyance of the property to the City for public use. The list of three parcels of property is described as follows: Parcel PIN Description Pending Specials 1 6-116-22-22-0097 Hidden Glen 3rd, Outlot E -0- 2 14-116-22-32-0004 Castle Ridge, Outlot A $36,522.38 3 14-116-22-32'0274 Castle Ridge $12,042.05 That part of Lot 2, Block 2, Castle Ridge, Lying westerly and southerly of Condo #274 BACKGROUND: The staff has reviewed these three parcels and looked at potential use of any of the parcels for public purposes. The staff feels that these parcels do have public usage; however, there are some extenuating circumstances surrounding them, and they are as follows: Parcel No. I -is a parcel that Hennepin County is looking at to utilize in the expansion of the Crosstown Highway 101 interchange. Parcel 2 and 3 -are wetlands according to the DNR. In addition there is an outstanding fine by the Environmental Protection Agency against some illegal filling that took place on this land by Participation Development Corporation. The staff recommends that since each ofthese parcels is desired to have some form of pubic ownership that the most prudent way of handling each of them is as follows: I Parcels to be withheld from auction for up to one year for investigative purposes: Parcel No. 1 -this outlot is included in the Highway <:·'expansion plans for Hennepin County. When they make improvements to the intersection of Dell Road and Highway 10 I this land will be used to widen the road at the 101 curve. Staff has contacted several people within the County about that project. Further investigation will determine whether or not this parcel ofland will be necessary for use by the County or if it will become a buffer between the property owners and the highway. Parcel No.2 and 3 -are behind Castle Ridge and the staff is working with Hennepin County tax forfeited property, as well as the City Attorney's office to determine the status of these two parcels. If the City owned these parcels of land it would allow extension of Columbine Road through the area. Intersection with Prairie Center Drive would occur in the vicinity of the entrance way to Castle Ridge retirement area. By doing this the City would utilize part of each parcel for roadway purposes and the remaining land would be absorbed into the Purgatory Creek Recreation Area. The staff will be working with Hennepin County staff in administratively dividing this property and creating a taxable parcel of land along Prairie Center Drive. An issue that needs to be resolved regarding these two parcels is the fine that was levied for filling a wetland and the City Attorney is taking a look at this situation. One additional thing will be necessary once the litigation issue has been resolved, the City will have to go to the State Legislature with a bill to acquire the wetland parcel, primarily parcel No.2. This is necessary because under the State Statute any parcel of tax forfeited land that has wetlands on it is automatically set aside by the Minnesota Department of Natural Resources. Staff has spoken with the property managers for the ONR and they are in agreement with the City staff that this parcel would be best served in the ownership of he City of Eden Prairie. RECOMMENDATION: City staff recommends that the City Council approve the resolution authorizing that all three parcels be withheld from auction for up to one year. SAF:mdd taxfor.memo 2 CITY OF EDEN PRAIRlE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin Non- Conservation List 901-NC, which lists 3 (three) properties in said municipality which have become property of the State of Minnesota for non payment of real estate taxes, (list attached), and WHEREAS, provided in Minnesota Statute 282, the City Council is asked to determine the disposal of these parcels of land, and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of these parcels in the following way: • The 3 (three) properties be classified as non-conservation land. • The following parcels be withheld from action for up to one year, for investigated purposes. PIN 06-116-22-22-0097 PIN 14-116-22-32-0004 PIN 14-116-22-32-0274 with no pending specials with pending specials of $36,522.38 with pending specials of $12,042.05 ADOPTED by the City Council of the City of Eden Prairie this 20th day of February 1996. Jean L. Harris ATTEST: John D. Frane, City Clerk SEAL TaxRes/Stu NON-CONSERVA TlON LIST 901-NC Property 10 Number PREVIOUS OWNER NER Property Ada-ess Target LEGAL DESCAPTION No. Pr er T kea BLDG EDEN PAAIRIE 1 10515 06-116-22 22 r:Y:E7 No NEW C(~CEPT I-OIvES 1t\C No LNASst GNED I\DDAESS HIDDEN GLEN 3FD Vacant Land OUlLOTE 10518 14-116-22320004 No PARTIOPATIONDEVELCrnp No LNASst GNED I\DDAESS CASTLE RIDGE ••• .... Vacal1t Land rulLOT A Possible DNR Wetlands #74P 10519 14-116-22 32 0274 No PARTIOPATION DEVEL CORP No 635 Prairie Center Dr. CAS1LE RIDGE mAT PARTOFlOT 2 BlO(]( 2 CASlLE RIDGE ··**··*Vacant Land l YlNG WlY AND SI.Y OF CONDO N0274CASlLE RIDGE Rim Rr~ENT Possible DNR Wetlands #74P COMMUNITY ACONDOMINIUMlOT2ILOex 2 DATE BULDf\.G FORFEITED VPLLE October 6, 1995 September:;:E,1995 September::E,1995 MAA<ET VI>LLE $3,000.00 $909,000.00 $242,000.00 (Monthly Report) (as ci 10,(31/95) SPECIPL ASSESSIvENTS BEFrnE FOAFBTLRE $0.00 $36,522.38 $12,042.05 i • 1"W OUTLO', B ( 19) S7/·11 ·, 1.410.61 , 00 g.£ ,<:> ~ __ $ __ ~ __________________________ ~n~~~"~ __ :"/~_7 __ : ___ _ ... :::/. OUTLOT. (4) ~~¢~: ~ ,. f ORIC ts.~: \ (276-28C) dl1 ~ (282-299) (274) ~~~ U~\!io (305-307) ( , "5.98 1 ( 41) THE PRESERVE . 191.6 \~:~Ar\2 '. ,,,. ~\\ ~~ .. ~~ ______ ~'~3 ____ ~-J~~~ : O.S1LEMOOR S1S,6 ' I I i9.59 r .... I~.31 "1 ;: I (7) CCIIDERCI~ I ( 11) MOlTt .. \.,' I I I I "0::' .;: ... ...... ...... ...... • z (3) ;x I ~ (2) 17.11 9Z.eg ';:;! 0:: 0 ';( 0:: "- Z UJ 0 UJ i3 ;:: u .;$ I\;, ~ ~e (56) ~ 'l:>. '" 0 ~ 60 .. Pi 5 ( 18) 115 4 ( 17) , l ( 52) !1lO " "0 Q , a:: (53) ~ "0 9! , :~ :'" . ~',.2 .; .- S 1/4 COR SEC 31 T 117 R 2 ....... 1945.09 RES zo (23) ~5.01 -g (22) "',-; ~ 54. / ~ (7) I ,,,, i/li"! '"> LANG, PAULY & GREGERSON, LTD. Mayor and City Council February 13, 1996 Page 9 The disposal of property by an HRA is governed by §469.029. Pursuant to this Section an HRA may make any of its lands in a redevelopment project available for use by private individuals or other private interests or by public agencies by sale, lease, or otherwise. "The land shall be made available at a price that shall, except as provided for in Subdivisions 9 and 10, take into consideration the estimated fair market or rental value of the cleared land for proposed uses in accordance with the redevelopment plan." [§469.029, Subd. 1] Pursuant to §469.029, Subd. 9 an Authority may, with or without accordance to a redevelopment plan, make any of its lands in a Project that are vacant, opened and undeveloped available for use by sale, lease, grant, transfer, conveyance, or otherwise to persons or families of low and moderate income. The property shall be made available at a price which may take into consideration the estimated fair market value of the real estate if the low or moderate income persons or families have the financial ability or building trade skills to build on the vacant, open and undeveloped land. The HRA may require an agreement from those persons to build on the land within a reasonable period of time. Conclusion Pursuant to the above-reference statutes the HRA has the authority to: 1. Acquire the tax forfeited land directly from the county by an unrestricted conveyance so long as the BRA pays the County an amount determined by the LANG, PAULY & GREGERSON, LTD. Mayor and City Council February 13, 1996 Page 10 County to be not less than the property's value. The sale, lease, transfer or other conveyance of tax forfeited lands by an HRA under Chapter 469 is not considered an abandonment of the use for which the property was conveyed and the lands do not need to be reconveyed to the state. 2. The HRA has the power under Chapter 469 to acquire vacant property to construct new buildings or to provide for their construction and to pay for site preparation costs. A variety of financing tools may be used to acquire the property. 3. The HRA is allowed to dispose of property in at least two ways. First, it may convey property directly to private individuals or other entities at a price that takes into consideration the estimated fair market value of cleared land. Second, the HRA is also permitted to convey property to persons or families of low and moderate income with or without accordance to a redevelopment plan. Pursuant to this grant of authority the property shall be made available at a price which may take into consideration the estimated fair market value of the real estate. rfr\ep \txforfit\memo 1 14