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HomeMy WebLinkAboutCity Council - 03/19/1996 AGENDA HOUSING & REDEVELOPMENT AUTHORITY TUESDAY, MARCH 19, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: Chair Jean L. Harris, Patricia Pidcock, Ronald Case, Ross Thorfmnson, Jr., and Nancy Tyra- Lukens HOUSING & REDEVELOPMENT AUTHORITY STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, and City Attorney Ric Rosow PLEDGE OF ALLEGIANCE ROLL CALL I. CALL MEETING TO ORDER H. MINUTES A. HOUSING & REDEVELOPMENT AUTHORITY MEETING HELD TUESDAY. MARCH 3. 1992 B. HOUSING & REDEVELOPMENT AUTHORITY MEETING HELD TUESDAY. FEBRUARY 6, 1996 M. ADOPTION OF RESOLUTION APPROVING THE 2ND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR ELIM SHORES. INC. IV. OTHER BUSINESS V. ADJOURNMENT -hem zs MINUTES EDEN PRAIRIE HOUSING AND REDzvzLOPMENT AUTHORITY TUESDAY, MARCH 3, 1992 5:00 PM, COUNCIL CHAMBER HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock HOUSING & REDEVELOPMENT AUTHORITY STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig W. Dawson, Executive Director of the Housing & Redevelopment Authority Chris Enger, Finance Director John D. Frane, and City Attorney Roger Pauly I. ROLL CALL All members were present except Jean Harris. II. CALL TO ORDER Chair Tenpas called the meeting to order at 5:02 p.m. III. APPROVAL OF HOUSING AND REDEVELOPMENT AUTHORITY MINUTES FROM MEETING HELD TUESDAY, DECEMBER 17, 1991 Jessen moved and Pidcock seconded to approve the minutes of this meeting as submitted. Motion passed 3-0-1 (Tenpas abstaining due to absence) . IV. APPROVAL OF BY-LAWS FOR SPECIAL MEETINGS OF THE HRA (HRA Resolution 92-1) Attorney Pauly reviewed the proposed resolution. He suggested that Section 1, Subd. 1, be amended to allow the Chair or Executive Director to call a special meeting in addition to the authorization for two members to call a special meeting. Pidcock moved and Anderson seconded that HRA Resolution 92-1 be adopted with the amendment suggested by the Attorney. Motion passed 4-0. V. APPROVAL OF PURCHASE AGREEMENT FOR CPT BUILDING City Manager Jullie introduced the discussion of the purchase agreement between the HRA and Norwest Bank Minnesota, N.A. , for the purchase of property at 8100 Mitchell Road, commonly known as the CPT Building, in Eden Prairie. Kirt Woodhouse and Stu Stender of the Sterling Group, acting as consultants to the HRA, were present to answer questions. Jullie noted that Norwest Bank had signed the agreement. Attorney Pauly briefly reviewed a memorandum he had prepared in which he highlighted the general conditions and representations made by Norwest Bank in the proposed agreement. Pauly noted that the HRA should obtain a title opinion on the property prior to closing. The chair and members of the HRA thanked Messrs. Stender and Woodhouse for the work they had done on behalf of Eden Prairie. MOTION Pidcock moved and Jessen seconded to approve the purchase agreement and to authorize the Chair and the Secretary of the Eden Prairie HRA to execute it. Motion passed, 4-0. VI. OTHER BUSINESS None. VII. ADJOURNMENT At 5:08 pm, Pidcock moved and Anderson seconded that the meeting be adjourned. Motion passed 4-0. nib APPROVED MINUTES JOINT EDEN PRAIRIE CITY COUNCIL AND HOUSING&REDEVELOPMENT AUTHORITY TUESDAY,FEBRUARY 6, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens HOUSING&REDEVELOPMENT AUTHORITY MEMBERS: Ronald Case, Jean Harris, Patricia Pidcock,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie,Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Han-is 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. I. 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 Preservation Task Force. XI.A.4. Request for Update on Bearpath Trail Access Issue, and XI.A.5. Possible City CounciVSchool Board Joint Meeting. Tyra-Lukens added item XI.A.6. Tobacco Legislation. Thorfinnson added items XI.A.7. Orientation for New Board and Commission Members and XI.A.8. Workshops. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the agenda as published and amended. Motion carried unanimously. CITY COUNCIL MINUTES February 6, 1996 Page 2 H. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD 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". 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 COUNCIL/HENNEPIN COUNTY COMMISSIONER RANDY JOHNSON HELD TUESDAY, JANUARY 16, 1226 MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the Joint Work Session City Council/Hennepin 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 ou d we fund them individually." 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 COUNCIL/STAFF WORKSHOP HELD TUESDAY.JANUARY 23.1996 MOTION: Pidcock moved, seconded by Thorfinnson,to approve the minutes of the City Council/Staff Workshop held Tuesday, January 23, 1996, as published. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST a CITY COUNCIL MINUTES February 6, 1996 Page 3 B. 1ST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 2.32 FOR ISSUANCE OF CITATIONS C. RESOLUTION 96-22 RECEIVING PETITION AND AUTHORIZE FEASIBILITY STUDY FOR PUBLIC IMPROVEMENTS TO HIGHVIEW DRIVE.LAKELAND TERRACE AND LAKELAND CIRCLE.I.C. 96-5406 D. APPROVE LICENSE AGREEMENT WITH DNR FOR UTILITY CROSSINGS OF RILEY CREEK IN BEARPATH 3RD ADDITION E. APPROVAL 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 AUTHORIZING THE ISSUANCE AND SALE OF $1.340.000 VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS. SERIES 199k FOR CHALLENGE PRINTING. INC. PROJECT H. 1st READING OF AN ORDINANCE AMENDING PARK USE ORDINANCE, CITY CODE SECTION 9.04 L RESOLUTION 96-24 AMENDING RESOLUTION NO, 96-1.REGULATING FEES AND CHARGES FOR THE COMMUNITY CENTER Case asked that item IV.B. 1ST READING 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 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 HEARINGS/MEETINGS 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 1st 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 1st 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 2 lots; 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) N CITY COUNCIL MINUTES February 6, 1996 Page 5 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 TOWNHOMES by Cornerstone/Equities 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 Preliminary Plat of 3.3 acres into one lot, and request of the Council • and Housing and Redevelopment Authority for approval of a Tax Increment Financing (TIE) 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 HRA 96-1 for the Housing and Redevelopment Authority (HRA) 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 (HRA). 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 of 20 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 if we 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 turn 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 Resolution HRA 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 HRA 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 1st 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 of 3.3 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 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 CHAPTER 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. PETITIONS.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 STA 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 Council/School Board Joint Meeting 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 Legislation Tyra-Lukens said there are strong bills being considered by both House and 9 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. Workshops 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 Manager 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. 10 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&FACILITIES 1. Letter from Thomas Lindquist regarding 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 of land 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 �{ 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 of land 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 Staff would 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 ►a CITY COUNCIL AGENDA February 6, 1996 Page 13 February 6, 1996. Motion carried unanimously. 3. First Reading of an Ordinance Amending 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 1st 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 of Review and Setting 1996 Meeting Date for Thursday,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 of four 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. CITY COUNCIL AGENDA February 6, 1996 Page 14 XII. 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. XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 9:46 p.m. 03/13/96 WED 12:01 FAX 16123402644 DORSEY WHITNEY --[¢J002 J11 i-�--�[-1 f f Resolution No. Resolution Approving Second Amendment to Development Agreement and Authorizing the Execution Thereof WHEREAS, in connection with the issuance by the City of Eden Prairie, Minnesota (the "City") of its Multifamily Housing Revenue Bonds (Elim. Shores Project), Series 1989, originally dated as of April 1, 1989 (the "Prior Bonds"), the City, the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "Authority") and Elim Shores, Inc., a Minnesota nonprofit corporation (the "Corporation") entered into a Development Agreement, made as of April 1, 1989 (the "Development Agreement") setting forth certain rights and obligations of the parties with respect to the development, construction, financing and operation of a 64 unit senior housing facility in the City (the "Project") to be constructed by the Corporation with the proceeds of the Prior Bonds; and WHEREAS, said Development Agreement has been previously amended by the parties pursuant to the terms of a First Amendment to Development Agreement, effective as of January 1, 1993 (the "First Amendment"); and WHEREAS, the City, at the request of the Corporation, now proposes to issue its Elderly Housing Refunding Revenue Bonds (Elim Shores, Inc. Project), Series 1996,. in the principal amount of $3,300,000 (the "Series 1996 Bonds"), and loan the proceeds to the Corporation to be used, along with certain additional funds to be contributed by the Corporation, to refund and retire the Prior Bonds on or about May 1, 1996, and in connection with the issuance of the Series 1996 Bonds, the parties desire to amend certain provisions of the Development Agreement, as heretofore amended by the First Amendment, to remove references therein to an Assessment Agreement; and WHEREAS, a draft of a Second Amendment to Development Agreement, to be effective as of March 12, 1996, has been presented to this Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE: 1. The form of Second Amendment to Development Agreement is approved. 2. The Executive Director of the Authority is authorized to execute the Second Amendment to Development Agreement in substantially the form on file, 03/13/96 WED 12:02 FAX 16123402644 DORSEY WHITNEY W003 but with such changes therein as may be approved by counsel to the Authority and the officer executing the same, which approval shall be conclusively evidenced by the execution thereof. The Executive Director is also authorized and directed to execute such closing certificates and other documents as may be necessary to assist in the issuance and delivery of the Series 1996 Bonds upon approval thereof by counsel to the Authority, which approval shall be conclusively evidenced by the execution thereof. Adopted by The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, this day of March, 1996. Chair ATTEST: Secretary -2- 03/13/96 WED 12:02 FAX 16123402644 DORSEY WHITNEY 1Q004 STATE OF MINNESOTA COUNTY OF HENNEPIN The undersigned, being the duly appointed, qualified and acting Secretary of The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, hereby certifies that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Board of Commissioners of the Authority at its meeting duly called and held on March , 1996, by the following roll call vote: Ayes: Nays: Absent: and that said resolution has not subsequently been amended and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand as of this day of March, 1996. Secretary -3- 03/15/96 FRI 09:54 FAX FAX LC7000 I1003 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT is made to that certain Development Agreement (the "Development Agreement") made as of April 1, 1989 by and among the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "HRA"), the City of Edcn Prairie, Minnesota (the "City"), a municipal corporation and political subdivision organized and existing under the Constitution and laws of the State of Minnesota, and Elim Shores, Inc., a Minnesota nonprofit corporation (the "Developer") as amended by that certain First Amendment to Development Agreement effective as of January 1, 1993 between the City, HRA and Developer, and WHEREAS,the Development Agreement was entered into for the purpose of setting forth the parties'respective rights and obligations concerning development,construction,financing,and financial assistance in connection with Elim Shores, a 64-unit rental apartment project for elderly persons of moderate and low income, together with common recreation and support facilities, located at 7900 Timerlake Drive, Eden Prairie, Minnesota (the "Project"); and WHEREAS, the parties hereto mutually desire to amend certain provisions of the Development Agreement for the purpose of removing references to an Asscssment Agreement. NOW, THEREFORE, the parties hereto agree to amend the Development Agreement as follows: 1. All terms defined in the Loan Agreement, Mortgage and Indenture shall have the same meanings when used herein. 1 03/15/96 FRI 09:54 FAX FAX LC7000 R1004 2. The effective date of the amendments made herein shall be March 12, 1996. 3. Section 6.1 of the Development Agreement is hereby deleted in its entirety, and any references in the Development Agreement to an Assessment Agreement or a minimum assessed valuation are hereby declared to be null and void, effective from the date of the Development Agreement. 4. That certain second mortgage granted by the Developer to the HRA shall continue to remain subordinate to the Mortgage. 5. All references in the Development Agreement as amended by the First Amendment to Development Agreement and the Second Amendment to Development Agreement to the Prior Bonds Documentation shall, from and after the date of this Second Amendment, refer to the corresponding documents authorized by the City as part of the City of Eden Prairie, Minnesota Elderly Housing Refunding Revenue Bonds (Elim Shores, Inc. Project) Scrics 1996. 6. All other terms and provisions of the Development Agreement as amended by the First Amendment to Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the HRA and the City have each caused this Second Amendment to Development Agreement to be executed in their respective names by their duly authorized officers and scaled with their respective corporate seals and the Developer has executed this Second Amendment to Development Agreement, effective as March 12, 1996. 2 s 03/15/96 FRI 09:55 FAX FAX LC7000 Q005 (SEAL) CITY OF EDEN PRAIRIE, MINNESOTA By: Jean L. Harris, Mayor By: Carl Jullie, City Manager (SEAL) THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By. Its Executive Director (SEAL) ELIM SHORES, INC. By William S. Myers, President State of Minnesota County of Hennepin This instrument was acknowledged before me on March 12, 1996, by Jean L. Harris and Carl Jullie as Mayor and City Manager respectively, of the City of Eden Prairie. Notary Public 3 (D 03/15/96 FRI 09:55 FAX FAX LC7000 [A 006 State of Minnesota County of Hennepin This instrument was acknowledged before me on March 12, 1996, by as Executive Director of The Housing and Redevelopment Authority in and for the City of Eden Prairie. Notary Public State of Minnesota County of Hennepin This instrument was acknowledged before me on March 12, 1996, by William S. Myers as President of Elim Shores, Inc.. Notary Public RFIMMIM\DE VAGT2A.A MD 4 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 19, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Juffie, 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 ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS H. OPEN PODIUM III. MINUTES IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTIONS SETTING SALE OF GENERAL OBLIGATION REFUNDING BONDS IN THE TOTAL AMOUNT OF $4.680.000 FOR APRIL 2. 1996 C. BLUFFS EAST 16TH ADDITION - LOT 1, BLOCK 1 by Hustad Land Company. 2nd Reading of an Ordinance for Zoning District Change from RM-6.5 to R1-13.5 on 0.4 acres and Approval of a Supplemental Developer's Agreement for Bluffs East 16th Addition by Hustad Land Company. Location: Franlo Road and Normandy Crest. (Ordinance for Zoning District Change) D. RESOLUTION AWARDING CONTRACT FOR BIRCH ISLAND ACRES 2ND ADDITION, I.C. 96-5396 E. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SUNNYBROOK ROAD IMPROVEMENTS AND ORDER ADVERTISEMENT FOR BIDS. I.C. 94-5363 City Council Agenda Tuesday, March 19, 1996 Page Two F. RESOLUTION RECEIVING 100% PETITION FROM THE SCHOOL DISTRICT FOR IMPROVEMENTS AT CSAH 4/HIGH SCHOOL ENTRANCE. I.C. 96-5404 G. RESOLUTION APPROVING FINAL PLAT FOR ANDERSON LAKES CENTER 3RD ADDITION (located west of TH 169. adjacent to Aztec Drive) H. RESOLUTION APPROVING FINAL PLAT FOR BEARPATH 6TH ADDITION (located north of Lake Riley Road and adjacent to the Eden Prairie/Chanhassen border) I. 2ND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6. BY AMENDING SECTION 6.06, SUED. 5. RELATING TO THE PLACEMEMT OF SNOW OR ICE IN A PUBLIC RIGHT-OF- WAY J. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR TECHNOLOGY DRIVE WATERMAIN IMPROVEMENTS BETWEEN MITCHELL ROAD AND PURGATORY CREEK. I.C. 96-5399 V. PUBLIC HEARINGS/MEETINGS A. SOUTHWEST CROSSING HOTEL by BTO Development Corporation. Request for PUD Concept Review on 109 acres, Planned Unit Development District Review on 2.25 acres, Zoning District Amendment, Site Plan Review on 2.25 acres and Preliminary Plat of 2.25 acres into 3 lots. Location: Viking Drive and Prairie Center Drive. (Ordinance for Zoning District Amendment and PUD District Review, Resolution for Preliminary Plat and Resolution for PUD Concept Review) B. SHORELAND ORDINANCE Review of the revised 1995 Shoreland Management code. The amendment includes: 1) New Statewide standards for "management of Shoreland Areas". 2) Reorganization of portions of the Shoreland Management code. Existing code was approved by the City in 1982. C. VACATION 96-03: VACATION OF STREET RIGHT-OF-WAY OF A PORTION OF KURTZ LANE WITHIN PAFKO ADDITION (Resolution) D. VACATION 96-04: VACATION OF DRAINAGE EASEMENT WITH TANAGER CREEK AND TANAGER CREEK 2ND ADDITION (Resolution) City Council Agenda Tuesday, March 19, 1996 Page Three VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST BY GENERAL GROWTH FOR APPROVAL OF CONCEPT OF CITY'S PARTICIPATION IN THE RENOVATION OF THE EDEN PRAIRIE CENTER IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Status Report and Demonstration by LOGIS on the City's Internet Hook-up 2. Workshop Schedule Update C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT DATE: CITY COUNCIL AGENDA aclarr r rairT SECTION: CONSENT CALENDAR 3-19-96 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance - Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A • THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. CONTRACTOR (MULTI-FAMILY & COMM. ) GAS FITTER (continued) Anagram International , Inc. Tom Motzko Plumbing & Heating Co. MJK Construction Northern Air Corporation The Marathon Group, Inc. O' Keefe Mechanical , Inc. McGough Construction Co. , Inc. Owens Services Corporation Moen Leuer Construction, Inc. Pride Mechanical , Inc. Retail Construction Services, Inc. R C Plumbing & Heating, Inc. Rutledge Construction Co. Royalton Heating & Cooling Co. Sorensen Gross Construction Co. Sedgwick Heating & Air Cond. VSI Construction, Inc. Seitz Brothers, Inc. Snell Mechanical , Inc. PLUMBING Standard Plumbing & Appliance Co. State Mechanical , Inc. Engberg Plumbing Thermex Corporation Heating Consultants, Inc. Vogt Heating & Air Conditioning Highview Plumbing, Inc. Klamm Mechanical Contractors, Inc. HEATING & VENTILATING M & D Plumbing & Heating, Inc Major Mechanical , Inc. Fore Mechanical , Inc. Metropolitan Mechanical Contractors Heating Consultants, Inc. R.J. Miller Plumbing & Heating, Inc. M & D Plumbing & Heating Tom Motzko Plumbing & Heating Co. Market Mechanical Pride Mechanical , Inc. Metro Air R C Plumbing & Heating, Inc. Metropolitan Mechanical Contractors Seitz Brothers, Inc. Modern Heating & Air Conditioning Stant Plumbing & Heating - Narkie Heating & Air Conditioning Standard Plumbing & Appliance Co. Northwest Sheet Metal Company State Mechanical , Inc. O' Keefe Mechanical , Inc. Owens Services Corporation GAS FITTER Palm Brothers, Inc. • Preferred Mechanical Services, Inc. • J & H Gas Services, Inc. R C Plumbing & Heating Klamm Mechanical. Contractors Rapid Heating & Air Conditioning M & D Plumbing & Heating, Inc. Royalton Heating & Cooling Market Mechanical Sedgwick Heating & Air Conditioning Metro Air Snell Mechanical , Inc. Metropolitan Mechanical Contractors Thermex Corporation • Minnegasco Vogt Heating & Air Conditioning Action/Direction. • 3-19-96 . page 1 DATE: CITY COUNCIL AGENDA LJL.r i 1rm SECTION: CONSENT CALENDAR 3-19-96. DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance - Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIV'ITY. UTILITY INSTALLER Highview Plumbing, Inc. State Mechanical SCAVENGER Sullivan' s Utility Services SEPTIC SYSTEMS Sullivan's Utility Services GAMBLING The International School of Minnesota Foundation (raffle 3-27-96) Action/Direction. 3-19-96 page 2 - 05 CITY COUNCIL AGENDA DATE: e�°n SECTION: Consent Calendar 3/19/96 prairim DEPARTMENT: ITEM DESCRIPTION: Set sale of General ITEM NO. Finance Obligation Refunding Bonds for April 2, 1996, IV.B in the amount of$4,680,000. Background: We have set in motion the machinery to take bids to refund two City bond issues. One is for improvement bonds issued in 1991. The refunding is $2,875,000. The other is for Community Center bonds issued in 1980 and refinanced in 1989. The amount of this refunding is $1,805,000. At the end of February it was anticipated that savings in the area of$335,000 would be realized through a refunding. However, recent changes in the market interest rates now make the amount of savings uncertain. We recommend that the City Council adopt the resolutions setting the sale for April 2. We will withdraw the sale if market conditions are not favorable for receiving bids. Action/Direction: Adopt resolutions. Page 1 Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember • RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,875,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1996A BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Refunding Bonds, Series 1996A, in the approximate aggregate principal amount of $2,875,000 (subject to adjustment as provided in the Terms of Proposal) (the Bonds), pursuant to Minnesota Statutes, Chapter 475, to refund the 2001 through 2012 maturities of the $6,050,000 General Obligation Improvement Bonds, Series 1991B, dated September 1, 1991. Section 2. Terms of Proposal. Springsted Incorporated, financial consultant to the City, has presented to this Council forms of Terms of Proposal for the Bonds which are attached hereto and hereby approved and shall be placed on file by the Finance Director/Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated, as independent financial advisers, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit bids for the Bonds on behalf of the City on a negotiated basis. Section 3. Sale Meeting. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering sealed bids for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Upon vote being taken thereon, the following members voted in favor thereof: and the following members voted against the`same: whereupon the resolution was declared duly passed and adopted. John Frane, City Clerk Jean Harris, Mayor ,t THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,875,000* CITY OF EDEN PRAIRIE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1996A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, April 2, 1996, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated May 1, 1996, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1997. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2001 $250,000 2005 $235,000 2009 $245,000 2002 $250,000 2006 $235,000 2010 $245,000 2003 $245,000 2007 $230,000 2011 $240,000 2004 $240,000 2008 $225,000 2012 $235,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed$25,000 and will be made in multiples of$5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. 3 - i BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to refund in advance of maturity the 2001 through 2012 maturities of the City's $6,050,000 General Obligation Improvement Bonds, Series 1991B, dated September 1, 1991. TYPE OF PROPOSALS Proposals shall be for not less than $2,843,375 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form ofa certified or cashier's check or a Financial Surety Bond in the amount of $28,750, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to • comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney P.L.L.P. of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In order to permit the underwriters purchasing the Bonds to comply with paragraph (b)(5) of Rule 15c2-12, in the Resolution authorizing and ordering issuance of the Bonds the City will - iii - r covenant and agree for the benefit of the holders from time to time of the Bonds, to comply with Rule 15c2-12, paragraph (b)(5). A description of the City's undertaking is set forth in the Official Statement. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 115 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated March 12, 1996 BY ORDER OF THE CITY COUNCIL /s/John Frane City Clerk <P - iv- Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember • RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,805,000 GENERAL OBLIGATION RECREATIONAL FACILITY REFUNDING BONDS, SERIES 1996B BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the City to issue its General Obligation Recreational Facility Refunding Bonds, Series 1996B, in the approximate aggregate principal amount of $1,805,000 (subject to adjustment as provided in the Terms of Proposal) (the Bonds), pursuant to Minnesota Statutes, Chapter 475, to refund the 1998 through 2002 maturities of the $2,770,000 General Obligation Recreational Facility Bonds, Series 1989B, dated April 1, 1989. Section 2. Terms of Proposal. Springsted Incorporated, financial consultant to the City, has presented to this Council forms of Terms of Proposal for the Bonds which are attached hereto and hereby approved and shall be placed on file by the Finance Director/Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated, as independent financial advisers, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit bids for the Bonds on behalf of the City on a negotiated basis. Section 3. Sale Meeting. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering sealed bids for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Upon vote being taken thereon, the following members voted in favor thereof: and the following members voted against the same: whereupon the resolution was declared duly passed and adopted. John Frane, City Clerk Jean Harris, Mayor 7 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,805,000* CITY OF EDEN PRAIRIE, MINNESOTA GENERAL OBLIGATION RECREATIONAL FACILITY REFUNDING BONDS, SERIES 1996B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, April 2, 1996, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated May 1, 1996, as the date of original issue, and will bear interest payable on May 1 and November 1 of each year, commencing November 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature May 1 in the years and amounts as follows: 1998 $300,000 2001 $390,000 1999 $330,000 2002 $425,000 2000 $360,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed$25,000 and will be made in multiples of$5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to refund in advance of maturity the 1998 through 2002 maturities of the City's $2,770,000 General Obligation Recreational Facility Refunding Bonds, Series 1989B, dated April 1, 1989. TYPE OF PROPOSALS Proposals shall be for not less than $1,790,560 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $18,050, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. 9 - ii - . AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney P.L.L.P. of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In order to permit the underwriters purchasing the Bonds to comply with paragraph (b)(5) of Rule 15c2-12, in the Resolution authorizing and ordering issuance of the Bonds the City will covenant and agree for the benefit of the holders from time to time of the Bonds, to comply with Rule 15c2-12, paragraph (b)(5). A description of the City's undertaking is set forth in the Official Statement. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official 0 - iii - Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 70 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated March 12, 1996 BY ORDER OF THE CITY COUNCIL /s/John Frane City Clerk i - iv - • EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-19-96 SECTION: 2ND READING ITEM NO. S-�/ .C- DEPARTMENT: 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: • Approve 2nd Reading of the Ordinance for Rezoning from RM-6.5 to R1-13.5 District on 0.4 acres. • Approval of a Supplement to Developer's Agreement Supporting Reports: 1. Ordinance for Zoning District Change 2. Supplement to Developer's Agreement BLUFFS EAST 16TH ADDITION -LOT 1, BLOCK 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance(hereinafter,the "land")is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the RM-6.5 District and be placed in the R1-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the RM-6.5 District and shall be included hereafter in the R1-13.5 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 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Supplement to Developer's Agreement dated as of March 19, 1996, entered into between Hustad Land Company 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 20th day of February, 1996, finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 19th day of March, 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on BLUFFS EAST 16TH- 1996 AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Franlo Road and Normandy Crest, from RM-6.5 to R1-13.5 on .4 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) Project Name Exhibit A Legal Description Lot 1, Block 1, Bluffs East 16th Addition, Eden Prairie, MN Bluffs East 16th-1996 Amendment SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO AGREEMENT, made and entered into as of March 19, 1 996,by HUSTAD LAND COMPANY, Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the parties desire to amend the Developer's Agreement between HUSTAD LAND COMPANY and the City of Eden Prairie for BLUFFS EAST 16 ADDITION, dated June 6, 1995, (hereinafter the "Developer's Agreement) for that portion of the Property legally described in Exhibit A, attached hereto and made a part hereof, and depicted as the "Amended Area" in Exhibit B, attached hereto and made a part hereof; NOW THEREFORE, in consideration of the City adopting Ordinance No. , Developer covenants and agrees to construction upon, development, and maintenance of the Amended Area as follows: 1. "Developer shall develop the Amended Area of the Property in conformance with the materials revised and dated,reviewed and approved by the City Council on June 6, 1995, and in conformance with the materials revised and dated March 19, 1996,reviewed and approved by the City Council on March 19, 1996, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. Developer agrees that the building architecture shall use stucco as the primary building material for the exterior walls and the roof shingles shall be shake. 3. Developer agrees to all and reaffirms all of the terms and conditions and accepts the obligations of "Developer" under the Developer's Agreement, except as inconsistent with or amended by this Supplement. DATE: 03/19/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO:1I { SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5396 Engineering Division Resolution Awarding Contract for Construction of Birch Island Acres 2nd Alan Gray Addition Improvements. Recommended Action: Approve resolution awarding contract for construction of Birch Island Acres 2nd Addition improvements to Bonine Excavating, Inc. in the amount of$132,783.57. Overview: Resolution 95-193 received the 100% petition from the property owner and ordered the preparation of plans and specifications for the improvements to Birch Island Acres 2nd Addition. Resolution 96-31, dated February 20, 1996, approved the plans and specifications prepared by the City's consultant and recommended by the City Engineer, and ordered the advertisement for bids. Bids were opened March 8, 1996. Twelve bids were received as shown on the Summary of Bids attached hereto. The low bid was presented by Bonine Excavating, Inc., in the amount of $132,783.57. This bid is approximately $11,000 below the second low bid presented by Kober Excavating in the amount of$144,051.10. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 96-5396 Birch Island Acres 2nd Addition bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and, WHEREAS, the City Engineer recommended award of contract to: BONINE EXCAVATING, INC. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Bonine Excavating, Inc. in the name of the City of Eden Prairie in the amount of$132,783.57 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on March 19, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 1 7 Hansen Thorp Steven L.Pellinen,P.E. Paul A.Thorp,LS. Laurie A.Johnson,P.E. Lloyd E. Pew,LS. —" Pellinen Olson Inc. Ted W.Anderson D.Daniel Thorp,LS. Jan Wager Anderson,L.A. Dennis B. Olmstead,LS. • Engineers•Surveyors•Landscape Architects March 11, 1996 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Alan Gray, P.E. Subj: Construction Bids I.C. 96-5396 Dear Mr. Gray: Bids were received and opened at 10:00 a.m. on Friday, March 8, 1996 for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate totaled$192,763.10. The low bidder,Bonine Excavating, Inc. came in below the Engineer's Estimate at$132,783.57. Recommendation is made that the City Council award Improvement Contract 96- 5396 to Bonine Excavating, Inc. in the amount of$132,783.57. This recommendation considers the receipt of a favorable bid below the Engineer's Estimate and that the City Council reserves the right to award the contract in the best interests of the City. Respectfully, HANSEN THORP PELLINEN OLSON INC. CYauitt:,2a- Laurie A. Johnson, P.E. LAJ/ms encl. (612)829-0700 • 7565 Office Ridge Circle • Eden Prairie, MN 55344-3644 • FAX (612)829-7806 3 SUMMARY OF BIDS I. C. 96-5396 DESCRIPTION: Birch Island Acres 2nd Addition BIDS OPENED: March 8, 1996 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. BIDDER BID SECURITY TOTAL AMOUNT Bonine Excavating Inc. Yes $132,783.57 Kober Excavating Yes $144,051.13 Kusske Const. Yes $148,707.30 Machtemes Const. Inc. Yes $149,933.20 Ryan Contracting Inc. Yes $152,491.95 Midwest Asphalt Corp Yes $157,846.05 Northdale Const. Yes $165,588.77 Lan Dar Inc. Yes $165,816.60 Brown & Cris Yes $167,388.30 G.L. Contracting Inc. Yes $172,893.61 Burschville Const. Yes $181,891.00 S.M. Hentges & Sons Yes $184,644.00 The undersigned recommend award of Contract to: Bonine Excavating, Inc. as the lowest responsible bidder for this Improvement Contract. coCe d• r rrQori.. , nsulting Eng' eer Alan D. Gray, P.E. City Engineer `1 DATE: 03/19/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: *TIC SECTION: Consent Calendar DEPARTMENT: rrEM DESCRIPTION: I.C. 94-5363 Engineering Division Resolution Approving Plans and Specifications and Ordering Advertisement Alan Gray for Bids for Sunnybrook Road Improvements Recommended Action: Adopt resolution approving plans and specifications and ordering advertisement for bids for Sunnybrook Road improvements I.C. 94-5363. Overview: The feasibility study for Sunnybrook Road improvements was prepared in February, 1995. A public hearing for the proposed improvements was held April 18, 1995 and continued to May 9, 1995. Resolution No. 95-90, dated May 9, 1995, directed the preparation of the plans and specifications for Sunnybrook Road improvements. The plans presented to Council have been prepared by the City's consultant, 1LC.M., Inc., and reviewed by City staff and are recommended for approval by the City Engineer. The street improvements incorporated in these final plans extend about 180 feet westerly of the termination point depicted in the feasibility study. This more westerly termination has been determined based on detailed surveys and the desire to provide a smooth transition into Creek Knoll Road and adequate sight distances in the vicinity of this transition. Soil borings taken during the design phase highlighted an area of peat and muck soils approximately 15 feet in depth in the vicinity of a drainage swale which crosses Sunnybrook Road. The final plans incorporate a surcharge procedure to accommodate widening of the road bed and the addition of a sidewalk in this area of poor soils. The surcharge procedure will extend the construction phase for Sunnybrook Road into 1997. The majority of the roadway will be completed in 1996. The area involving the surcharge, which will be approximately 300 feet long, would be left as a gravel surface through the winter and completed in 1997. Primary Issues: The engineer's estimate based on final plans is approximately 21% higher than the feasibility study estimates. Property owners were advised of the potential price increase at a neighborhood meeting held March 7, 1996. Based on the current estimate, the unit assessment rate for sanitary sewer, watermain and street improvements would be$17,500. Under current Council policy, seven homestead units would be capped at$15,000 resulting in a total City share for the project of $17,500. There is a possibility that the bidding market will be competitive and that the low bid will be below the current engineering estimate. The construction bid being awarded this evening for Birch Island Acres 2nd Addition improvements may be an indicator. The engineer's estimate based on final plans was $192,800. The low bid was $132,800. An easement for the construction of sanitary sewer and storm sewer outfalls to Purgatory Creek through the Wersal property is presently being negotiated. A professional appraisal of the easement value has been acquired and is presently being reviewed by the Wersals. Staff hopes to reach final agreement on appropriate compensation with the Wersals within two weeks. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer through R.C.M., Inc. has prepared plans and specifications for the following improvements to wit: I.C. 94-5363: Sunnybrook Road 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 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., April 18, 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, May 7, 1996, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on March 19, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk a DATE: 03/19/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO:VI. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Receive 100% Petition from the School District for Improvements at CSAH Rodney W. Rue 4/Eden Prairie High School Entrance, Ordering Improvements and Preparation of Plans and Specifications Recommended Action: Approve resolution receiving 100% petition and ordering improvements and preparation of plans and specifications for improvements at CSAH 4/Eden Prairie High School Entrance Overview: The staff has been working with Hennepin County and the School District to facilitate the intersection improvements (widening CSAH 4 and traffic signal) at the new High School entrance on CSAH 4. Having the School District petition for these improvements will allow them more flexibility in paying the cost of these improvements. It also provides us an easier way to administer the construction of the project. Primary Issues: The School District will be responsible for construction and engineering costs for this project. There may also be some construction financing costs associated with the project, if the School District chooses not to pay the costs on a monthly basis. The Hennepin County Department of Public Works will likely contribute their personnel to the construction administrative services. We have proposed that the City of Eden Prairie waive our 9% administrative fee as part of this partnership project as a means of reducing the public's costs for these improvements. Financial Issues: The Eden Prairie School District will be responsible for all the construction and engineering costs associated with this project. We would propose that the City of Eden Prairie not contribute financially, but rather provide staff time to administer and coordinate this project (between the Eden Prairie School District and Hennepin County Department of Public Works). We would therefore recommend that the resolution be approved receiving the 100% petition and ordering the preparation of plans and specifications for these improvements. IIII CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: Specify Type General Location Sanitary Sewer Watermain X Storm Sewer CSAH 4/New High School.Entrance! X Street Paving Edenwood Drive Intersection X Other - Traffic Signal Improvements Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially assessed against the property described below in accordance with the City's • special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is $589.630 * (incl. Engineering) * Construction financing would be extra, if necessary. City to waive contract administrative fee. Street Address or other Legal Description Signatu and Addresses of Petitioners of Property to be Served ust be owners of record) Eden Prairie High School 17185 Valley View Road MEALS uAM'A a'15.o iz "z Ea/v,74 T .._- Cl (i1iIh1L' 4 i B/ DI (For City Use) Date Received: Project No.: Council Consideration: 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C. 96-5404 Improvements at CSAH 4/High School Entrance BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed improvement have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City Standards and advertise for bids thereon, with the assistance of Westwood Professional Services. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this Resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on March 19, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 3 DATE: 03/19/96 W W EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 3.&', SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Anderson Lakes Commercial Center 3rd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Anderson Lakes Commercial Center 3rd Addition subject to the following conditions: • Receipt of engineering fee in the amount of$1,130 • Revision of plat to include standard drainage and utility easements around the perimeter of each outlot. Background: The preliminary plat was approved by the City Council December 5, 1995. The plat consists of several "housekeeping items" to help resolve title issues. These items consist of dedication and realignment of Aztec Drive to center the right-of-way over the existing pavement and utilities, dedicate utility easements and to define the property and ownership boundaries. JJ:ssa cc: HTPO r CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF ANDERSON LAKES COMMERCIAL CENTER 3RD ADDITION WHEREAS, the plat of Anderson Lakes Commercial Center 3rd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Anderson Lakes Commercial Center 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 11, 1996. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 19, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk • R.T. DOC. NO. ANDERSON LAKES COMMERCIAL CENTER C.R. DOC. NO. 3RD ADDITION I 1 S 0D2'50' W 471.e4 pC►�nlID-L..... r 15a.00 R l �' %VC i >>9•a0 L' j to t �° LIMITY EAMS171T `1 S13YZ Oa'W 51 I ro'd,"sl dA� F. 0 <( ANDERSON LAKES to--,IS 13 i• II Ng W ,t 1% It (.; W ( 1 Ol TLC T C. ANDERSON LAKES COMMERCIAL_ CENTER e 1 <r n1u ' .0Q. 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DATE: 03/19/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 13: R SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Bearpath 6th Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Bearpath 6th Addition subject to the following conditions: • Receipt of conservation easements over lots abutting Riley Creek • Receipt of engineering fee in the amount of$920 Background: Bearpath Partnership is requesting Council approval of the final phase of the Bearpath PUD consisting of 23 single family lots lying west of Purgatory Creek. City Council approved the preliminary plat October 4, 1994. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed at the November 1, 1994 City Council meeting. As stipulated in the Developer's Agreement, the developer is required to provide the City with conservation easements within 50 feet of the ordinary high water mark of Riley Creek on lots abutting Riley Creek. JJ:ssa cc: John Volgelbacher, Sienna Corporation James R. Hill, Inc. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARPATH 6TH ADDITION WHEREAS, the plat of Bearpath 6th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Bearpath 6th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 11, 1996. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 19, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk a 2 �1. ." \ f 1111° • A /-.-•"1�- A -ate_�1`r ..". 1 r e ras \, 46,_ • v�{�a�;�'Ova? +! 7,y�.� -,. /l 1 + j•l►\-ga .�� rm+ 4-1 +ag1� a M a• ii y i\ 'i' S�7 ' L. 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V .� q i^rhhm �•- `V Si. $ D \,\� mac . .,.. .„, - ` a __ u,. � �� € f -i . 4II 4 g 3 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3/19/96 SECTION: ITEM NO. VI. DEPARTMENT: Parks, ITEM DESCRIPTION: Second Reading of Ordinance Amending City Code Recreation and Facilities',Chapter 6 by Amending Section 6.06, Subdivision 5 Relating to the Placement Robert A. Lambert, Director of Snow or Ice in a Public Right-of-way BACKGROUND: The first reading of: 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 THE PUBLIC RIGHT-OF WAY Was held on February 20, 1996. RECOMMENDATION: City staff recommends second reading of the above ordinance. BL:mdd 1 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 Roadway Public Right-of- Way. " Section 2 . The City Code is amended by amending Section 6 . 06 Subdivision 5 .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 placc the samc in any roadway and cause the same to obstruct, encroach upon, encumber, or interfere wholly or ,partially, with any public right-of-way, including but not limited to, a public roadway, walkway, bike or trailway, easement, park or other public property. The City may remove any such obstruction and assess the cost thereof against the abutting Property. " Section 3 . City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City 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 20th 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 . Z DATE: 03/19/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 1,f. SECTION: Consent Calendar DEPARTMENT: 1TEM DESCRIPTION: I.C. 96-5399 Engineering Division Resolution Approving Plans and Specifications and Ordering Advertisement Mary Krause for Bids for Technology Drive Watermain Improvements between Mitchell Road and Purgatory Creek Recommended Action: Adopt resolution approving plans and specifications and ordering advertisement for bids for Technology Drive Watermain improvements between Mitchell Road and Purgatory Creek, I.C. 94-5363. Overview: The installation of watermain alongthis segment of TechnologyDrivewill complete a loop of trunk watermain from the water plant to the new two-million gallon water plant. MnDOT is currently under contract for the new section of Technology Drive from Purgatory Creek to Prairie Center Drive. A part of the MnDOT project includes the installation of watermain that ties into existing watermain along Prairie Center Drive. The completion of the two portions of watermain in Technology Drive will complete the system from the water plant to the water tower and will strengthen the City's distribution system. Primary Issues: This watermain construction will be funded from the Trunk Fund. 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 R.C.M., Inc. has prepared plans and specifications for the following improvements to wit: I.C. 96-5399: Technology Drive Watermain Improvements between Mitchell Road and Purgatory Creek 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 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., April 18, 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, May 7, 1996, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on March 19, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 2. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-19-96 SECTION: PUBLIC HEARINGS ITEM NO. d.A- DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger SOUTHWEST CROSSING HOTEL Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for PUD District Review on 2.25 acres and Zoning District Amendment on 2.25 acres; • Approve a Resolution for PUD Concept Review on 109 acres; • Approve a Resolution for Preliminary Plat of 2.25 acres into 3 lots. Background: The Planning Commission voted unanimously to approve the building plans and Staff Report dated February 23, 1996 at the February 26, 1996 Planning Commission meeting. Supporting Reports: 1. Resolution for Preliminary Plat 2. Resolution PUD Concept Review 3. Staff Report dated February 23, 1996 4. Planning Commission Approved Minutes of February 26, 1996 5. Correspondence I SOUTHWEST CROSSING HOTEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF SOUTHWEST CROSSING HOTEL FOR BTO DEVELOPMENT CORPORATION BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Southwest Crossing Hotel for BTO Development Corporation dated March 12, 1996, consisting of 2.25 acres into 3 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 19th day of March, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk r1 SOUTHWEST CROSSING HOTEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SOUTHWEST CROSSING HOTEL FOR BTO DEVELOPMENT CORPORATION 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 Crossing Hotel PUD Concept by BTO Development Corporation 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 March 19, 1996; NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Southwest Crossing Hotel,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 March 12, 1996. 3. That the PUD Concept meets the recommendations of the Planning Commission dated February 26, 1996. ADOPTED by the City Council of the City of Eden Prairie this 19th day of March, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 3 Exhibit A Southwest Crossing Hotel Legal Description Lot 3, Block 1, Viking Drive West, According to the Recorded plat thereof, Hennepin County, Minnesota. `7 STAFF REPORT TO: Planning Commission FROM: Michael. D. Franzen, City Planner PROJECT: Southwest Crossing Hotels LOCATION: Viking Drive and Prairie Center Drive APPLICANT: BTO Development Corporation OWNER: BTO Development Corporation REQUEST: 1. PUD Concept Review on 109 acres 2. PUD District Review on 109 acres 3. Site Plan Review on 7.25 acres 4. Preliminary Plat of 7.25 acres into 3 lots 5. Zoning District Change From Commercial Regional to Commercial Regional Service 1 5 Staff Report Southwest Crossing Hotel February 23, 1996 BACKGROUND This piece of property is Site 2 of the 1984 Southwest Crossing Planned Unit Development . The Planned Unit Development was approved for 1.6 million square feet of commercial, office, and industrial uses. The Planned Unit Development was modified in 1987 to shift density to the west end of the property to accommodate taller and larger office buildings. As a tradeoff, smaller and shorter buildings were approved on the east end so that more of the natural features could be preserved. The 1984 and 1987 Planned Unit Development showed this site for a 250 room hotel. PLANNED UNIT DEVELOPMENT AMENDMENT The projects requires a land use amendment to the 1987 Planned Unit Development. The proposal is for 2 hotels with a total of 222 rooms and a 300 seat restaurant. These land uses are consistent with the overall Planned Unit Development. Hotels and restaurants are compatible land uses which use parking efficiently and generates less traffic. SITE PLAN The site plans shows 3 lots. Each lot meets the acreage and dimensional requirements of the 'Commercial Regional Service zoning district. The Base area ratio permitted is .20. The floor area permitted is .40. All three sites are less than the base area ratio of.20. A planned unit development waiver is necessary for floor area ratio for both hotels. Amerisuites is .57 and Fairfield is .44.The floor area ratio for all 3 lots is .40. The 1987 Planned Unit Development showed a .69 floor area ratio. Since the total floor area ratio meets code and the floor area ratio is consistent with the planned unit development,the waiver request is reasonable. Parking required is a ratio of 1 per 3 seats for the restaurant and a ratio of 1 per room and 1 per employee per shift for the hotels. Parking requirements are met on each lot. ARCHITECTURE Detailed plan approval is requested for the hotels only. The hotels meet the 75% face brick and glass requirement. Buildings are also required to be compatible in terms colors,textures and construction details. An exterior materials board should be submitted for review and approval by the City Council. 2 l Staff Report Southwest Crossing Hotel February 23, 1996 The Amerisuites Hotel is 68.75 feet high. The maximum height permitted in the Commercial Regional Service district is 40 feet. This is a planned unit development waiver. The height waiver is consistent with the 1987 plan. The western part of the Planned Unit Development was approved for taller and larger buildings. As a tradeoff, shorter and smaller buildings were approved on the east end to preserve more natural features. The 1987 plan showed a 9 story building. The waiver is consistent with the Planned Unit Development. All mechanical equipment must be screened. A mechanical equipment screening plan should be submitted for review and approval by the City Council. LANDSCAPING The amount of landscaping required is based on a caliper inch requirement according to building square footage and screening of parking areas. The landscape plan meets city code requirements All trash areas must be inside of the buildings. UTILITIES Sanitary sewer and water is available in Viking Drive. Stormwater will be treated in an existing pond on the east side of Prairie Center Drive. TRAFFIC As part of the 1984 Planned Unit Development a traffic study was prepared. As each site develops, staff compares trip generation to the master traffic study. On some sites traffic exceeded the projections while on others traffic was less. This project increases traffic by 133 trips beyond what was projected for site 2, however this traffic increase is offset by a traffic decrease of 141 trips for the KMSP site. The KMSP site was planned for a 125,000 square foot office building. KMSP is 62,000 square feet. GRADING This site was graded in 1984 and 1987. There are no significant trees on site. POWER LINES The existing power poles and lines will be relocated. No buildings will be within the easement. 3 Staff Report Southwest Crossing Hotel February 23, 1996 SIDEWALKS AND TRAILS There are existing sidewalks and trails adjacent to the site. SHORELAND ORDINANCE Since this site is 210 feet from the lake,lot size and setback provisions of the shoreland ordinance do not apply. These provisions would apply if the site was within 200 feet of the normal ordinary water level of Smetana Lake. The shoreland area is defined as 1000 feet from the normal ordinary high water level. The 30 foot maximum building height and 30% impervious surface requirements apply. Since the site plan exceeds these requirements, Board Of Appeals and Adjustment variances are needed. The variances are reasonable and consistent with other variances granted for Southwest Crossing. Southwest Crossing is 80 feet to the top of the penthouse. Impervious surface is 65%. The city has granted impervious variances in shoreland areas provided the stormwater is treated. Stormwater will flow into a pond on the east side of Prairie Center Drive before discharge into Smetana Lake. SIGNS Each site may have one, 80 square foot pylon sign, 20 feet high. The Fairfield Inn is proposing an off site sign on the restaurant site so it would have visibility from 494. This is a Planned Unit Development Waiver. The waiver request is reasonable since all proposed pylon signs meet the required 300 foot minimum separation, sign size, and height requirements. PRELIMINARY PLAT The preliminary plat shows three lots which meet the dimensional and square footage requirements of the Commercial Regional Service Zoning District. A 100 foot lot width and 10,000 square feet is required. RETAINING WALLS A 6 foot high retaining wall is proposed on the Fairfield Inn site. A 5 foot high retaining wall is proposed on the Amerisuite site. Retaining walls should be of masonry construction and similar in color and design to the walls on the Mariott and Century Bank sites. 4 Staff Report Southwest Crossing Hotel February 23, 1996 STAFF RECOMMENDATIONS The staff would recommend approval of the Planned Unit Development Concept Review, Planned Unit Development District Review,Rezoning from Commercial Regional to Commercial Regional Service, Preliminary Plat, and Site Plan Review,based on plans dated February 23,1996 and subject to the recommendations of the staff report dated February 23,1996 , and subject to the following conditions: 1. Prior to City Council review, the proponent shall: A. Submit a mechanical equipment screeningplan. B. Submit an exterior materials board. 2.. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff,utility and erosion control plans for review by the Watershed District. B. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer. 3. Prior to Building Permit issuance,the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. C. Submit a landscaping and screening bond for review. 4. The proponent shall apply for and receive approval of the following variances from the Board of Appeals and Adjustments: A. Building height from 30 feet to 68 feet, 8 inches. B. Impervious surface from 30%to 60%. 5. The following waivers from city code are granted as part of the Planned Unit Development District review in the Commercial Regional Service Zoning district: 5 10 Staff Report Southwest Crossing Hotel February 23, 1996 A. Building height from 30 to 68 feet, 8 inches. B. Floor area ratio from .40 to .47. C. Zero lot line setback to parking. D. One offsite sign for Fairfield Inn on the proposed restaurant site. 6. The restaurant site will require a zoning amendment and a site plan review with the Planning Commission and City Council prior to building permit issuance. 6 /1 PLANNING COMMISSION February 26 , 1996 IV. PUBLIC HEARINGS A. SOUTHWEST CROSSING HOTEL by BTO Development Corporation. Request for PUD Concept Review on 109 acres,Planned Unit Development District Review on 2.25 acres,Zoning District Amendment, Site Plan Review on 2.25 acres and Preliminary Plat of 2.25 acres into 3 lots. Location: Viking Drive and Prairie Center Drive. Franzen reviewed the staff report and noted the land uses are compatible with the overall PUD. Staff recommended approval of the project as proposed. The proponents were present to answer questions. Sandstad inquired about the location of the power line easements. Alan Hill, BTO Land Company, reviewed the power line location on the map. It was noted the overall floor ratio of three lots and the structures are taken in aggregate at 40 percent which is what the ordinance required. Waivers are required concerning the common lot line for parking setbacks. Wissner expressed concern about the lack of a full service hotel on that site. Hill replied there are not many full service hotels being built because of the recession during the last four years. Full service hotels are not economically feasible at the present time. The new hotels will have no restaurant but will offer Continental breakfast. This is a very strong market for a limited service type motel. Ismail expressed concern about five hotels in such a small area. Franzen stated there is usually more than one hotel within the same vicinity. Each hotel is also geared towards a separate market, so they are not in direct competition with each other. Sandstad asked for a description of the Amerisuites Hotel. Hill stated it's a two room suite, which is bigger than a standard room, for the same cost. Each unit has two phones and one can accommodate a computer. Schlampp expressed concern about notifying residents nearby of the variance needed for the height of the buildings. Sandstad stated he was concerned about it also, but after reviewing the reduced set of plans, the distance from the homes on Valley View Road to the proposed site was approximately equal in distance from the two existing buildings on the east and west of what's being proposed. 12 Kardell inquired about which meals would be served at the restaurants. Hill noted one restaurant will serve breakfast, lunch and dinner; and the other restaurant will serve primarily lunch and dinner. Ismail was concerned about the exterior of the two buildings. Hill said they will work with Staff to keep them the same in color. The Public Hearing was opened. No one present wished to speak. MOTION 1: Sandstad moved, Clinton seconded,to close the public hearing. Motion carried 7-0. MOTION 2: Sandstad moved, Clinton seconded, to recommend to the City Council approval of the request of Southwest Crossing Hotel for PUD Concept Review on 109 acres based on plans dated February 12, 1996, and subject to the recommendations of the Staff Report dated February 23, 1996. Motion carried 7-0. MOTION 3: Sandstad moved, Clinton seconded, to recommend to the City Council approval of the request of Southwest Crossing Hotel for Planned Unit Development District Review and Zoning District Amendment on 2.25 acres based on plans dated February 12, 1996, and subject to the recommendations of the Staff Report dated February 23, 1996. Motion carried 7-0. MOTION 4: Sandstad moved, Clinton seconded, to recommend to the City Council approval of the request of Southwest Crossing Hotel for Site Plan Review on 2.25 acres based on plans dated February 12, 1996, and subject to the recommendations of the Staff Report dated February 23, 1996. Motion carried 7-0. MOTION 5: Sandstad moved, Clinton seconded,to recommend to the City Council approval of the request of Southwest Crossing Hotel for Preliminary Plat on 2.25 acres based on plans dated February 12, 1996, and subject to the recommendations of the Staff Report dated February 23, 1995. ►3 STATE OF r � U�JMS "UI-J DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD,ST.PAUL,MN 55106 PHONE NO. (612)772-7910 FILE NO. February 22, 1996 Mr. Mike Franzen, City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Southwest Crossing Hotel Site, Smetana Lake (27-73W) City of Eden Prairie, Hennepin County Dear Mr. Franzen: We have reviewed the plans(received February 2, 1996)for the Southwest Crossing Hotel Site and have the following comments to offer. 1. While Southwest Crossing Hotel Site is close to Smetana Lake (27-73W), Smetana Lake does not appear to be on the site. Therefore, Southwest Crossing Hotel Site is not under DNR jurisdiction and a DNR Permit is not required. 2. Southwest Crossing Hotel Site does not appear to be within a FEMA designated floodplain district. There are no wetlands or sediment ponds on the Hotel Site. Therefore, it seems unlikely that flooding will occur on the Hotel Site. 3. The submitted information indicates that the Southwest Crossing Hotel Site will use a regional stormwater treatment basin. We approve of regional ponding. However, we are against converting natural wetlands into stormwater treatment ponds. Routing stormwater directly to lakes and streams can cause sedimentation, degrade water quality, and cause water level bounces that are detrimental to wildlife values, aesthetic values, property values and recreation. 4. Smetana Lake (27-73W) has a shoreland classification of Natural Environment and a shoreland district that extends 1000 feet from the ordinary high water level of 835.2' (NGVD, 1929). The development must be consistent with Eden Prairie's shoreland management regulations. In particular you should note: A. There are steep slopes on the Southwest Crossing Hotel site. Topographic alterations should be minimized in these areas. Section 8G of the Eden Prairie Shoreland Ordinance states that soil erosion protection, soil protection, and development visibility shall be required by the City for steep slopes. The erosion control guidelines in "Protecting Water Quality in Urban Areas - Best Management Practices for Minnesota" MPCA, October 1989, or their equivalent should be followed. AN EQUAL OPPORTUNITY EMPLOYER Mr. Mike Franzen February 22, 1996 Page 2 B. The percentage of impervious surface on the Southwest Crossing Hotel Site is within the limits set by the Eden Prairie Shoreland Ordinance, but it is very high. The water quality of Smetana Lake will become poorer as the percentage of impervious surface within its watershed increases. Eden Prairie should minimize impervious surfaces whenever possible. C. The structures on the Southwest Crossing Hotel Site are very high. We recommend that these structures be screened from view from Smetana Lake using color, existing vegetation, landscaping, and other methods approved by the City of Eden Prairie. D. The Southwest Crossing Hotel Site appears to be a commercial planned unit development and it should conform to the standards of Section 11.50 of the Eden Prairie Ordinance. We are concerned that the number of units within the Southwest Crossing Hotel Site may exceed the standards in the ordinance. 5. The following comments are general and pertain to all projects. A. If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit. It typically takes approximately 60 days to process the permit application. B. If construction activities disturb more than five acres of land, the contractor must apply for a stormwater permit from the Minnesota Pollution Control Agency(Dan Sullivan @ 296-7203). C. The comments in this letter address DNR-Division of Waters jurisdictional matters and concerns. These comments should not be construed as DNR support or lack thereof for a particular project. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, As:1)4 e_ ci'-izkv 'Joseph G. Richter Hydrologist JGR/kl c: Robert Obermeyer, Riley-Purgatory-Bluff Creek Watershed District Joe Yanta,U.S. Army Corps of Engineers Smetana Lake(27-73W)File CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 03-19-96 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Community Development V. Chris Enger Shoreland Management Michael Franzen Code REQUESTED COUNCIL ACTION: The City Council is requested to approve the revised Shoreland Management portion of the City Code (Section 11.50),Regulation of use of Lakes and Waters Generally (Section 9.60), and Definitions (Section 11.02). OVERVIEW: The Minnesota Department of Natural Resources (DNR) adopted revisions to the State Shoreland Management Rules on July 3, 1989. As part of the revised state rules, local governments are required to adopt a shoreland code or amend their exiting code to be in substantial compliance with the new state rules. On February 1, 1996, the DNR gave conditional approval of Eden Prairie's proposed shoreland code, with final approval to follow after City approval. The Planning Commission recommended approval of the revised Shoreland Management at it February 26, 1996 meeting. The Parks and Recreation Commission will review the Code on March 18, 1996. The Board of Adjustment and Appeals will review the code March 14, 1996. BACKGROUND: The City of Eden Prairie adopted it's own shoreland code in 1982. Prior to that time the City used the DNR model code and the City's draft code to review development around water bodies and creeks. Thirty-five percent of Eden Prairie's land area falls within the classification of a shoreland area as defined by the DNR and City Code. Approximately 10%of the shoreland area remains for development. SHORELAND CODE CHANGES: The Shoreland Code incorporates the following changes: • New DNR shoreland management standards adopted by the state in 1989.. • Reorganization of the code, shifting some portions to Chapter 9 (Public Protection, Crimes and offenses). Shoreland Management(Public Hearings) I Page 2 • A Flexibility of standards request permitted by the DNR. The Staff does not believe that modifications to the Shoreland Code will impact development, or require changes in the way Eden Prairie reviews projects, but rather will reinforce Eden Prairie's conservative approach in review of developments in the shoreland area over the past 15 years. SUPPORTING INFORMATION • City of Eden Prairie,revised Shoreland Management Code dated February 23, 1996. g:\barb\steve\slmemo.sd CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.50 ENTITLED SHORELAND MANAGEMENT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Chapter 11, Section 11.50 entitled "Shoreland Management" to include new statewide standards for"management of shoreland area" and reorganization of the shoreland management code. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Is/John D. Frane /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the . (A full copy of the text of this Ordinance is available from City Clerk.) S CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9, SECTION 9.60 ENTITLED REGULATIONS OF USE OF LAKE WATERS GENERALLY, 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: Summary: This ordinance amends City Code Chapter 9, Section 9.60 relocating contents previously located in City Code, Chapter 11, Section 11.50, Shoreland Management known as regulations of structures within a lake to Chapter 9. The purpose is for continuity in enforcement. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the . (A full copy of the text of this Ordinance is available from City Clerk.) Barb\steve\summ.960 q CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE # AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 ENTITLED PUBLIC PROTECTION, CRIMES AND OFFENSES SECTION 9.60 ENTITLED REGULATION OF LAKE WATERS GENERALLY, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code, Chapter 9, Section 9.60 is amended to read as follows in its entirety: SECTION 9.60. REGULATION OF USE OF LAKE WATERS GENERALLY. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings state: A. "Dock" - Any wharf, pier, or other structure constructed or maintained in the lake or located above the surface of public water, whether floating or not, including all "L's" or "T's", or post which may be a part thereof, whether affixed or adjacent to the principle structure. B. "Water Oriented Accessory Structure" - A structure used solely for watercraft storage including storage of related boating and water-oriented sporting equipment. The term does not include slip structure or moorings. C. "Watercraft Cover" - A temporary cover solely for the protection of watercraft. D. "Mooring" - Any buoy, post, structure or other devise at which a water craft may be moored and which is surrounded by navigable water. E. "Slip Structure - A structure designed solely to secure a watercraft for the purpose of protecting it from damage from sun, wind, storm, or rain. F. "Structure" - See definition in Chapter 11, Section 11.02 entitled definitions. Subd. 2. Nuisances Prohibited. It is unlawful for any person to commit or maintain a public nuisance in or upon the waters of any lake or other body of water; and no person shall let, permit, or enable any other person to use any boat, dock, craft or structure, or portion thereof, knowing that it is intended to be used for committing or maintaining a public nuisance. It is S also unlawful for any person to willfully prevent, hinder, or oppose or obstruct a public official in the performance of his duty in carrying out the provisions of this Section or in removing or abating a public nuisance. Subd. 3. Nuisances Defined. A public nuisance consists in doing or omitting to perform one or more of the following: A. Injure or endanger the safety, health, or comfort of the public; or, B. Offend public decency; or, C. Unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for use or passage a lake or other body of water; or, D. Cause the depositing or littering of refuse or waste or other deleterious, poisonous or injurious substance upon water or ice of any lake or other body of water; or, E. Cause the depositing of sewage into lake waters; or, F. Cause the erection or maintenance of any dock or structure which interferes with, obstructs, or tends to obstruct or render dangerous for use the waters of any lake. Subd. 4. It is unlawful for any person to fail to equip and to operate a boat, vessel or watercraft in accordance with the provisions of Chapter 361 of Minnesota Statutes, 1990, which Statutes are hereby adopted and incorporated herein and made a part hereof by reference, as fully as if set forth herein provided that these additional requirements shall be met by all owners and operators of watercraft within the harbor limits established herein, namely: A. All watercraft in use or underway between sunset and sunrise shall be equipped with and have in operation red and green running lights in the forward section of the boat and a white light at the stern or on the superstructure, which white light shall be visible on a dark night with clear atmosphere for a distance of two (2) miles from any direction provided, however, that motor powered watercraft under sixteen (16) feet in overall length may use portable lights, which must be clamped on the watercraft when in use, and non-powered watercraft may use a portable single white light which is visible from any direction for a distance of two (2) miles on a dark night with clear atmosphere. B. All watercraft when at anchor or drifting must show a white light visible from any direction for a distance of one (1) mile, and such light shall be lit from sunset to sunrise except that a watercraft anchored in a cove within one hundred (100) feet of shore and two hundred (200) feet away from normal navigation and any watercraft anchored at a dock or pier need not have the white light lit. Shoreland Code, July 11, 1995 Section 9.60 C. All watercraft shall have on board and readily accessible Coast Guard Approved life preservers, vests or buoyant cushions capable of keeping every person on board afloat. D. No watercraft other than an authorized Water Patrol Boat or other police watercraft shall use or display a red light except a red running light. E. No watercraft other than an authorized Water Patrol Boat or other police watercraft shall use or display a police, sheriff or law enforcement officer's flag or any device designed to simulate such a flag. F. No person shall board, use, damage or tamper with a watercraft except when done by the owner or with the owner's consent. G. No person under fifteen (15) years of age shall operate a watercraft powered by a motor of ten (10) horsepower or more unless accompanied by a competent person fifteen (15) years of age or older. H. No person shall tow or operate a watercraft towing one (1) or more persons behind a watercraft on water skis, aquaplane, surfboard, saucer, or similar device except in compliance with these regulations: 1. Every person being towed shall wear a life vest, belt or other buoyant device except with written permission of the County Sheriff. 2. Not more than two (2) persons may be towed at one time except with written permission of the County Sheriff. 3. No person shall be towed from one-half hour after official sunset to sunrise. 4. No person shall be towed by a rope, cable or other towing device longer than eighty-five (85) feet except with a written permit of the County Sheriff. 5. No person shall operate a watercraft when towing a person, and no person being towed shall come within one hundred fifty (150) feet of any bathing area, skin diver's warning flag, swimmer, or raft, watercraft, dock or pier except that raft, dock or pier from which he is operating. 6. No person shall tow or be towed during a holiday, or Saturday or Sunday, or in a congested area at any time unless two competent persons are on the boat or 3 Shoreland Code, July 11, 1995 Section 9.60 watercraft. The driver of such watercraft shall be at least fifteen (15) years of age and must watch where the watercraft is being driven at all times. The second person on board the watercraft shall be an observer, and shall be at least twelve (12) years of age, and shall watch the person or persons being towed at all times. 7. No person shall drag an unoccupied tow line behind a watercraft for an unreasonable length of time. 8. No person shall tow or be towed into or through a marked channel connecting two (2) bodies of water. Subd. 5. The operator of any motor boat, speed boat, or of any vessel under power shall not overtake or pass any watercraft in a channel or narrow passage; and all watercraft shall proceed through all channels and narrow passages of water with closed throttle. Subd. 6. No person shall obstruct or interfere with passage of a boat or vessel through a channel or narrow water passageway. Subd. 7. No person shall operate a boat or vessel in a careless or reckless manner in or about a public swimming beach. Subd. 8. No person shall swim in a channel, or jump or dive from a channel bridge or dam. Subd. 9. No person shall operate any watercraft, automobile, vehicle or powered propelled device on the open water or upon an ice covered body of water in such a manner as to endanger life, limb or property. Subd. 10. No person shall anchor or operate a boat within one hundred (100) feet of a structure holding a lawful permit to be used for the purpose of a ski jump or within one hundred (100) feet of the buoys used as markers for the water ski course during such times as the said water ski course and jump are in use by water skiers. Subd. 11. Regulation of Structures A. Prohibition. It is unlawful for any person to use any area of any public waters outside of an authorized dock use area, for docks, mooring, boat storage, swimming floats, ski jump storage or diving towers, unless such use is specifically permitted under the provisions of this Section. 4 Shoreland Code, July 11, 1995 Section 9.60 B. Authorized Dock Use Area. An authorized dock use area is described as follows: 1. Length - The authorized dock use area for lots bordering on the lake extends into the lake a distance equal to the lot's lake frontage to be measured at right angles to the side lot lines and, except as provided herein, shall not extend into the lake a distance of greater than 100 feet in the case of commercial docks and 75 feet in the case of other docks to be measured on a line parallel to the side lot lines as extended into the lakes. 2. Width - The authorized dock use area for lots bordering on the lake is limited in width by the setback limitations prescribed herein. The setback from side lot lines as extended into the lake shall be 15 feet for private docks and 20 feet for commercial docks. Where boat slips open toward a side lot line, the setback provided shall be at least equal to the slip depth, but shall not be less than 20 feet. 3. Multiple Docks - Only one dock is allowed per abutting lot. C. Structures Not to Obstruct. No dock, or other structure shall be so located as to obstruct a navigable channel, or so as to obstruct reasonable access to any other dock, mooring area or similar structure authorized under this Chapter. No dock, mooring area or similar structure shall be located or designed so that it unnecessarily requires or encourages boats using it to encroach into any other authorized dock use area. D. Unusual Configuration. Where the provisions of this Section would cause the authorized dock use area of two or more lots to overlap, or where there is any other unusual configuration of shoreline or extended lot lines, which causes a conflict between the owners of two or more adjacent or nearby lots in that they may tend to use the same area of any public waters for docks, mooring areas or other structures or for reasonable access thereto, the owner of any of the affected lots may apply to the Council for a variance pursuant to this Section. A variance may be (1) to permit the applicant to locate a dock, mooring area or other structure in a location different from that permitted by this Section, or (2) to permit the owner of any adjacent or nearby site lot to do so. E. Docks: Dimension Limits. A dock as defined in Subdivision 1 of this Section, shall not exceed, in the case of a commercial dock, 600 square feet, and in the case of a residential dock, 450 square feet. 5 9 Shoreland Code, July 11, 1995 Section 9.60 F. Prohibited Structure. The following may not be erected on a public water: (1) water- oriented accessory structure; or (2) any structure above the horizontal plane of a dock except watercraft covers and slip structures as regulated by this Subdivision. A non- conforming dock or roof lawfully in existence upon enactment of this ordinance may not be structurally altered or expanded in any way. G. Surface Water-oriented Commercial Use. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: 1. Any signs must comply with Chapter 11, Section 11.70. 2. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff. 3. Outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. H. Storage. Unless otherwise specifically permitted by this Section, no structure on a public water may be used for the storage of any materials or items other than watercraft. Multiple Docks. Only one dock is allowed per abutting lot. J. Temporary Structures. No swimming floats, ski jumps, diving towers, buoys, markers, or other structures surrounded by navigable water shall be located in a public water more than 100 feet from the shoreline without being authorized by a permit from the City. The Council may grant any such permit, provided that the proposed structure is not more than 200 feet from the shoreline, if it determined that the granting of such permit will not create hazards or obstructions to navigation. Permits shall not be issued for free floating structures. Permits are not required for diving floats or navigation buoys. K. Permits. Any change in the length, width, height, or location of a structure requiring a permit under this Section requires the issuance of a new permit. If a permit is denied, or if any activity or structure does not otherwise conform with the requirement of this 6 10 Shoreland Code, July 11, 1995 Section 9.60 Section, a variance may be sought consistent with the requirements of this Section. In applying for any permit under this Section, the following information shall be supplied by the applicant: 1. The name, address, and telephone number of the applicant. 2. The type, number, and proposed location of structures for which the permit is sought. 3. The period of time for which the permit is sought. (No more than 3 years.) 4. A statement as to whether the structure will be reflectorized. 5. If an organization is seeking the permit, a statement as to the nature of the organization. 6. If the permit is sought for a particular event, the nature of the event. 7. Such other information as the Director of Community Services may require to assist him, or the Council, in considering the application for the permit. 8. A statement by the applicant that he assumes responsibility for the presence and removal of all structures in the protected water. L. Factors Considered Prior to Granting Permit. In exercising its discretion to grant or deny permits, the Council may consider, among other things, the following: 1. Whether the structure will be structurally safe for use by the intended users. 2. Whether the facility will comply with the regulations contained in this Section. 3. Whether the proposed structure will create a volume of traffic on the public water in the vicinity of the facility which will tend to be unsafe or which will cause an undue burden on traffic upon the public water in the vicinity of the facility. 4. Whether the proposed facility will be compatible with adjacent development. 5. Whether the proposed facility will be compatible with the maintenance of the natural beauty of the public water. 7 11 Shoreland Code, July 11, 1995 Section 9.60 6. Whether the proposed facility will affect the quality of the water of the public water and the ecology of the public water. 7. Whether the proposed facility, by reason of noise, fumes or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility. 8. Whether adequate sanitary and parking facilities will be provided in connection with the proposed facility. M. Permit Conditions. The Council may impose written conditions on the issuance of a permit. A violation of the terms and conditions of the permit is a violation of this Section and grounds for revocation of the permit. N. Permit Revocation. A permit may be revoked by the Council. 1. The Council may revoke a permit for any of the following causes: a. A permitted structure is found to be a hazard. b. The permitted structure is an obstruction to safe use of the lake. c. The permit is not in compliance with the requirements of this Section. 2. Notice of the hearing for revocation of a permit shall be given by the city Clerk in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. 3. Such notice shall be mailed, postage prepaid, to the permittee to his/her last known address at least five (5) days prior to the date set for hearing,or shall be delivered in the same manner as a summons at least three (3) days prior to the date set for hearing. O. Permit Fees. When filing the application, the applicant shall pay non-refundable fees for temporary structure and all other permit fees in amounts which have been determined by the Council and fixed by resolution. A copy of such resolution shall be kept on file in the office of the City Clerk-Treasurer and uniformly enforced. 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, 8 Shoreland Code, July 11, 1995 Section 9.60 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 in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on G:\BARB\STE V E\960.COU 9 ►3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE # AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 ENTITLED LAND USE REGULATIONS (ZONING) SECTION 11.02 ENTITLED DEFINITIONS; SECTION 11.50 ENTITLED SHORELAND MANAGEMENT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code, Chapter 11, Section 11.02 is amended as follows: SECTION 11.02. DEFINITIONS. 1. "Accessory Structure" - A detached structure, building or facility which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. Such accessory structures shall include but not be limited to pools, tennis courts, water oriented accessory structures, etc. Section 2. City Code Chapter 11, Section 11.50 is amended to read as follows in its entirety: 11.50. SHORELAND MANAGEMENT Subd.l. Authorization and Jurisdiction. A. Statutory Authorization. These Shoreland regulations are adopted pursuant to the authorization and policies contained in Minn. Stat. Section 103F.201-103F.221 and Minn. Stat. Section 462. B. Jurisdiction. The provisions of this Section shall apply to the shorelands of the public waters as classified in Subd.7 of this Section. Pursuant to Minnesota Regulations, Parts 6120.2500-6120.3900. no lake, pond, or flowage less than 10 acres in size in municipalities need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this section. Subd.2. Declaration of Policy and Procedures. Declaration of Policy. It is hereby found and declared that shorelands of public waters are, or may be, subject to uncontrolled use resulting ILl in: Health and safety hazards, pollution of public waters, loss of property, destruction of fish and wildlife, impairment of natural beauty, and impairment of local tax base all of which adversely affect the public health, safety, and welfare. It is, therefore, the purpose of this Section to provide standards and criteria for the subdivision, use and development of the shorelands of public waters in order to preserve and enhance the quality of public waters, conserve the economic and natural environmental values of shorelands, and provide for wise utilization of water and related land resources, and thereby promote and protect the public health, safety, and welfare. Subd.3. Interpretation and Severability. Interpretation. In interpreting and applying the provisions of this Section, such provisions shall be held to be minimum requirements for the promotion of the public health, safety, prosperity and general welfare. It is not the intention of this Section to interfere with any other provision of the City Code, however, where this Section imposes a greater restriction upon the use or improvement of any premises than those imposed or required by other City Code provisions, rules, regulations or permits of the City, State, or appropriate Watershed District, the provisions of this Section shall govern. Subd.4 Definitions. The following terms, as used in this Section, shall have the meanings stated: 1. "Bluff" - a topographic feature such as a hill, cliff, or embankment having all the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): a. Part or all of the feature is located in a shoreland area; b. The slope rises at least 25 feet above the ordinary high water level of the waterbody; c. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and d. The slope must drain toward the waterbody. 2. "Bluff impact zone" - a bluff and land located within 20 feet beyond the top of a bluff. 3. "Building line" - a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. 4. "Clear cutting" - removal of all existing significant natural vegetation on 15 Shoreland Code (draft 07-11-95) Section 11.50 a lot. 5. "Commissioner" - the Commissioner of the Department of Natural Resources. 6. "Lot Abutting" - any lot directly abutting the Ordinary High Water Level or within 150 feet thereof shall be considered an abutting lot. 7. "Ordinary high water level" - the boundary of public waters and wetlands, and shall be at an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool. 8. "Public waters" - any waters as defined in Minnesota Statues, 103.G.005 Sub. 15 and Sub. 18. 9. "Setback" - the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. 10. "Sewage treatment system" - a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Subdivision 17 of this ordinance. 11. "Sewer system" - pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 12. "Shore impact zone" - land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the required structure setback. 13. "Shoreland" - land located within the following distances from public 3 Shoreland Code (draft 07-11-95) Section 11.50 waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by code on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. 14. "Shoreline" - The shoreline for public waters is defined as the normal ordinary high water level. 15. "Toe of the bluff" - the lower point of a 50-foot segment with an average slope exceeding 18 percent. 16. "Top of the bluff" - the higher point of a 50-foot segment with an average slope exceeding 18 percent. 17. "Water-oriented accessory structure" - A structure used solely for watercraft storage including storage of related boating and water- oriented sporting equipment. 18. "100-Year Frequency Flood Level" - The elevation that a creek, pond, or lake can be expected to reach once in 100 years. Subd.5. Administration, Application and Issuance of Certain Permits. A. Permit Required. A permit issued by the City shall be applied for and obtained prior to construction, installation of sewer and water facilities, and grading and filling within any part of shoreland area. B. Applications for Permit. Application for a permit shall be made by the owner or owners of the lot on forms provided by the City. A copy of the application shall be filed with the City Manager, or designee. Any change in the length, width, height, or location of a structure requiring a permit under this Section requires the issuance of a new permit. If a permit is denied, or if an activity or structure does not otherwise conform with the requirement of this Section, a variance may be sought consistent with the requirements of this Section. In applying for any permit under this Section, the following information shall be supplied by the applicant: 4 Shoreland Code (draft 07-11-95) Section 11.50 1. The name, address, and telephone number of the applicant. 2. The type, number, and proposed location of structures for which the permit is sought. Plans drawn to scale showing the nature, location, dimensions & elevations of the lot, and existing as proposed structures. 3. The period of time for which the permit is sought. 4. A statement as to whether the structure will be reflectorized. 5. If an organization is seeking the permit, a statement as to the nature of the organization. 6. If the permit is sought for a particular event, the nature of the event. 7. Such other information as determined by the City Manager, or designee may require to assist him/her, or the Council, in considering the application for the permit. 8. A statement by the applicant that he assumes responsibility for the presence and removal of all structures in the public water. C. Application Fee. When filing the application, the applicant shall submit non-refundable fees for a permit in amounts which have been determined by the Council and fixed by resolution. A copy of such resolution shall be kept on file in the office of the City Clerk - Treasurer and uniformly enforced. D. The City Manager or designee shall submit a copy of the application to the Parks, Recreation and Natural Resources Commission for an evaluation of the environmental impact of the proposed construction, and the Planning Commission and City Planner for their report and recommendations. E. The City Manager or designee shall submit a copy of the application to the Minnesota Department of Natural Resources and appropriate Watershed District postmarked at least 10 days prior to approval of a permit. F. The application for permit, together with staff reports, and comments and recommendations from the Parks, Recreation and Natural Resources Commission and Planning Commission shall be forwarded to the Council for action. The permit 5 Shoreland Code (draft 07-11-95) Section 11.50 application should be acted upon only after receipt of the comments and recommendations from the appropriate Watershed District and Department of Natural Resources, except that if comments and recommendations are not received within 60 days after submission to them pursuant to Subparagraph E above, the Council may act upon such application without those recommendations. G. Factors Considered Prior to Granting Permit. In exercising its discretion to grant or deny permits, the Council may consider, among other things, the following: 1. Adequacy of lot size and building setbacks. 2. Adequacy of sewer and water facilities. 3. Adequacy of grading, filling and restoration. 4. Whether the structures will be structurally safe for use by the intended users. 5. Whether the facility will comply with the regulations and shoreland protection measures contained in this Section. 6. Whether the proposed structure will create a volume of traffic on the public water in the vicinity of the facility which will tend to be unsafe. 7. Whether the proposed facility will be compatible with adjacent development. 8. Whether the proposed facility will be compatible with the maintenance of the natural beauty of the public water. 9. Whether the proposed facility will affect the quality, or ecology of the public water. 10. Whether the proposed facility, by reason of noise, fumes or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility. 11. Whether adequate sanitary and parking facilities will be provided in connection with the proposed facility. 6 1q Shoreland Code (draft 07-11-95) Section 11.50 H. Permit Conditions. The Council may impose written conditions on the issuance of a permit. A violation of the terms and conditions of a permit is a violation of this Section and grounds for revocation of the permit. Subd.6. Variance Standards A. Procedures for Considering Variance Application. A variance from strict conformity with the terms of this section may be granted in conformance with the provisions for granting variances set forth in Section 11.76 of this Chapter. Upon receiving an application for a variance, the Board of Adjustments and Appeals, prior to rendering a decision thereon, may require the applicant to furnish the following information, as deemed necessary by the Board, for determining the suitability of a particular site for the proposed use: 1. Plans showing elevation of the ground water supply, sanitation facilities, photographs showing existing land uses, vegetation upstream and downstream and soil types. 2. Specification for building constriction (including lot size and setbacks), filling, and grading, water supply, and sanitary facilities. 3. Such other information as may bear on the suitability of the proposed structure or development. B. Provisions of the variance regulations contained in this section shall apply. For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. C. Administration of Variance. Refer to Subdivision 5 entitled Administration, Application and Issuance of Certain Permits. Subd.7. Shoreland Classification System & Profile. A. The public waters of the City are as set forth below: 1. Natural Environment Waters Protected Water Inventory I.D.# 7 Shoreland Code (draft 07-11-95) Section 11.50 Grass Lake 27-80P McCoy Lake 27-77W Mitchell Lake 27-70P Neill Lake 27-79P Rice Marsh Lake 10-1P Rice Lake 27-132P Round Lake 27-71W School Pond 27-75W Smetana Lake 27-73W Super Valu Pond (unnamed pond) 27-72P 2. Recreational Development Waters Protected Waters Inventory I.D.# Anderson Lake 27-62P Birch Island Lake 27-81P Bryant Lake 27-67P Duck Lake 27-69P Idlewild Lake 27-74P Riley Lake 10-2P Red Rock Lake 27-76P Staring Lake 27-78P 3. General Development Waters General Legal Description From: Sec/T/R To: Sec/T/R Minnesota River 31/116/22(City Limit) 36/116/22(City Limit) Bluff Creek 32/116/22(27-132P) 32/116/22(MN River) Nine Mile Creek 02/116/22(City Limit) 12/116/22(City Limit) 03/116/22(City Limit) 02/116/22(27-67-P) Purgatory Creek 06/116/22(City Limit) 06/116/22(City Limit) 05/116/22(City Limit) 36/116/22(MN River) Riley Creek 18/116/22(10-1P) 32/116/22(MN 8 t Shoreland Code (draft 07-11-95) Section 11.50 River) Subd.8. Zoning Restrictions. No building permit shall be issued for any lots zoned as rural, residential, commercial, office, industrial, public or any sub-zoning district thereof which are within the Shoreland unless the use is in conformance with this Chapter and conforms to the following lot size dimensions and setbacks. A. Natural Environment Waters. 1. Single Family Housing Detached Dwellings. a. Lots abutting without public sewer: (1) Minimum lot size - 5 acres. (2) Minimum width at building line - 300 feet. (3) Minimum width at Ordinary High Water Level - 200 feet. (4) Minimum setback from Ordinary High Level - 200 feet. b. Lots abutting with public sewer and water: (1) Minimum lot size - 40,000 square feet. (2) Minimum width at building line - 150 feet. (3) Minimum width at Ordinary High Water Level - 150 feet. (4) Minimum setback from Ordinary High Water Level - 150 feet. 2. Multiple Housing Attached Dwellings. a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - 30,000 sq. ft./unit. (2) Minimum width at building line - 150 feet. (3) Minimum width at Ordinary High Water Level - 150 feet. (4) Minimum setback from Ordinary High Water Level - 150 feet. (5) Structures shall not comprise more than 50% of the length of the shoreland within the lot. 3. Office and Institutional. 9 2Z Shoreland Code (draft 07-11-95) Section 11.50 a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - 10 acres. (2) Minimum width at building line - 200 feet. (3) Minimum width at Ordinary High Water Level - 200 feet. (4) Minimum setback from Ordinary High Water Level - 200 feet. 4. Commercial and Industrial (no outside storage allowed). a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - 10 acres. (2) Minimum width at building line - 200 feet. (3) Minimum width at Ordinary High Water Level - 200 feet. (4) Minimum setback from Ordinary High Water Level - 200 feet. B. Recreational Development Waters. 1. Single Family Housing Detached Dwellings. a. Lots abutting without public sewer: (1) Minimum lot size - 5 acres. (2) Minimum width at building line - 300 feet (Rural - 300 feet). (3) Minimum width at Ordinary High Water Level - 150 feet. (4) Minimum setback from Ordinary High Water Level - 100 feet. b. Lots abutting with public sewer and water: (1) Minimum lot size - 20,000 square feet. (2) Minimum width at building line - 120 feet. (3) Minimum width at Ordinary High Water Level - 120 feet. (4) Minimum setback from Ordinary High Water Level - 100 feet. 2. Multiple Housing Attached Dwellings. a. Lots must have public sewer and water. 10 aS Shoreland Code (draft 07-11-95) Section 11.50 b. Lots abutting: (1) Minimum lot size - 15,000 sq. ft./unit. (2) Minimum width at building line - 120 feet. (3) Minimum width at Ordinary High Water Level - 120 feet. (4) Minimum setback from Ordinary High Water Level - 150 feet. (5) Structures shall not comprise more than 50% of the length of the shoreland within the lot. 3. Office and Institutional. a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - 5 acres. (2) Minimum width at building line - 200 feet. (3) Minimum setback from Ordinary High Water Level - 200 feet. (4) Minimum width at Ordinary High Water Level - 200 feet. 4. Commercial and Industrial (no outside storage allowed). a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - 10 acres. (2) Minimum width at building line - 200 feet. (3) Minimum width at Ordinary High Water Level - 200 feet. (4) Minimum setback from Ordinary High Water Level - 200 feet. C. General Development Waters. 1. Single Family Housing Detached Dwellings. a. Lots abutting without public sewer: (1) Minimum lot size - 5 acres. (2) Minimum width at building line - 120 feet. (3) Minimum width at Ordinary High Water Level - 120 feet. (4) Minimum setback from Ordinary High Water Level - 100 feet. 11 .2L1 Shoreland Code (draft 07-11-95) Section 11.50 b. Lots abutting with public sewer and water: (1) Minimum lot size - 13,500 square feet. (2) Minimum width at building line - 120 feet. (3) Minimum width at Ordinary High Water Level - 120 feet. (4) Minimum setback from Ordinary High Water Level - 100 feet. Housing 2. Multiple Dwellings. Attached a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - 10,000 square feet/unit (2) Minimum width at building line - 100 feet. (3) Minimum width at Ordinary High Water Level - 120 feet. (4) Minimum setback from Ordinary High Water Level - 150 feet. (5) Structures shall not comprise more than 50% of the length of the shoreland within the lot. 3. Office and Institutional. a. Lots must have public water and sewer. b. Lots abutting: (1) Minimum lot size - 2 acres. (2) Minimum width at building line - 150 feet. (3) Minimum width at Ordinary High Water Level - 150 feet. (4) Minimum setback from Ordinary High Water Level - 150 feet. 4. Commercial. a. Lots must have public water and sewer. b. Lots abutting: (1) Minimum lot size - 2 acres. (2) Minimum width at building line - 150 feet. (3) Minimum width at Ordinary High Water Level - 150 feet. 12 25 Shoreland Code (draft 07-11-95) Section 11.50 (4) Minimum setback from Ordinary High Water Level - 150 feet. 5. Industrial. a. Lots must have public water and sewer. b. Lots abutting: (1) Minimum lot size - 5 acres. (2) Minimum width at building line - 150 feet. (3) Minimum width at Ordinary High Water Level - 150 feet. (4) Minimum setback from Ordinary High Water Level - 150 feet. D. Additional Special Provisions. 1. Where development exists on both sides of a proposed building site within the same lot as the proposed building site, structural setbacks may be altered to take setbacks of existing structures into account if approved by the City Mananger or designee, provided the proposed building site is not within a shore or bluff impact zone. 2. Commercial, industrial, or permitted open space uses requiring location on or near public waters may be allowed as a variance closer to such waters than the setbacks specified in this Section. 3. Septic tanks and soil absorption systems shall be setback from the ordinary high water level in accordance with the class of public water: a. Natural Environment Waters, at least 150 feet. b. Recreational Development Waters, at least 100 feet. c. General Development Waters, at least 100 feet. E. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback From: Setback (in feet): 1. top of bluff; 30 for principle structure 13 Shoreland Code (draft 07-11-95) Section 11.50 2. unplatted cemetery; 50 3. right-of-way line of 20 public street, or other roads or streets not classified; F. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. G. Steep Slopes. The City Manager or designee shall required soil erosion protection and must evaluate possible soil erosion impacts, soil protection and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. H. Uses Without Water-oriented Needs. Commercial, industrial, public and semi-public uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view as determined by the City Manager or designee from the water by vegetation or topography, assuming summer, leaf-on conditions as determined by the City Manager or designee. Subd.9. Design Criteria For Structures. A. High Water Elevation. Structures shall be placed such that the lowest floor elevation is at least two feet above the 100-Year Frequency Flood Level. B. Water-oriented Accessory Structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in Subdivision 8 of this section if this water-oriented accessory structure complies with the following provisions: 1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet; 2. The setback of the structure or facility from the ordinary high water level must be at least ten feet; 14 21 Shoreland Code (draft 07-11-95) Section 11.50 3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; 4. The roof of any water-oriented structure may not be used as a storage area; 5. The structure or facility must not be designed or used for human habitation and must not contain water supply, or sewage treatment facilities. C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: 1. Stairways and lifts must not exceed 4 feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties. 2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings greater than 32 square feet but less than 64 square feet may be used for commercial properties, and public open-space recreational properties. 3. Canopies or roofs are not allowed on stairways, lifts, or landings. D. Controlled Access. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards: 1. The lot must meet the width and size requirements for residential lots as required by subd. 8 of this section. 2. If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by 25 percent of the requirements for riparian residential lots for each watercraft beyond six. 3. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot. 15 2� Shoreland Code (draft 07-11-95) Section 11.50 4. Covenants must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. The covenants must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include but are not limited to,swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. The covenants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. The covenants must be filed with the County Recorder or the Registrar of Titles for Hennepin County. Subd. 10. Placement and Height of Structures. A. Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: 1. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. 2. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, so as to minimize the view from the surface of the public water assuming summer, leaf-on conditions, whenever practical. 3. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of Subd. 9B and 9C are complied with in addition to the requirements as contained in Minnesota Rules, Chapter 1340 a copy of which is hereby adopted by reference and declared to be a part of this 16 99 Shoreland Code (draft 07-11-95) Section 11.50 ordinance. B. Height of Structures. All structures in residential districts, must not exceed 35 feet in height. Subd.11. Shoreland Alterations. Alterations of vegetation and topography is regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. A. Vegetation Alterations. 1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads, utilities, and parking areas shall be regulated by this Section and this Chapter. 2. Removal or alteration of vegetation, except for agricultural uses as regulated in Subd. 14 is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: (1) The minimal amount of vegetation is altered; (2) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; (3) Along rivers, existing shading of water surfaces is preserved; (4) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and (5) All disturbed areas are restored to prevent erosion potential. B. Topographic Alterations/Grading and Filling. 17 30 Shoreland Code (draft 07-11-95) Section 11.50 1. A grading and filling permit will be required for the movement of more than ten (10) cubic yards of material within steep slopes and shore and bluff impact zones. 2. The issuance of construction permits, grading and filling permits, variances and subdivision approvals are subject to evaluation based on the following criteria: a. Grading or filling in any type 2,3,4,5,6,7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland; (1) sediment and pollutant trapping and retention; (2) storage of surface runoff to prevent or reduce flood damage; (3) fish and wildlife habitat; (4) recreational use; (5) shoreline or bank stabilization; and (6) noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; f. Fill or excavated material must not be placed in a manner that creates an unstable slope; g. Plans to place fill or excavated material on steep slopes must be 18 31 Shoreland Code (draft 07-11-95) Section 11.50 reviewed by registered Engineer for continued slope stability and must not create finished slopes of 30 percent or greater; h. Fill or excavated material must not be placed in bluff impact zones; i. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Department of Natural Resources under Minnesota Statutes, section 103G.245; j. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and k. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. 3. Alteration of Beds of Public Waters. a. Any work which will change or diminish the course, current or cross section of a public water shall be approved by the Commissioner of the Department of Natural Resources before the work is begun. This includes construction of channels, ditches, lagooning, dredging of lakes or stream bottoms or removal of muck, silt, or weeds and filling in the lake or stream bed. Approval shall be construed to mean the issuance, by the Commissioner, or a permit under the procedures of Minnesota Statute, Sec 103G.245 and other related statutes. b. Permission for excavation on shorelands where the intended purpose is connection to protected water, such as boat slips, canals, lagoons, and harbors, may be given only after the Commissioner of the Department of Natural Resources has approved the proposed connection. Approval shall only be given if the proposed work is consistent with applicable State regulations for work in beds of public waters. Subd.12. Placement and Design of Roads, Driveways, and Parking Areas. 19 32- '' Shoreland Code (draft 07-11-95) Section 11.50 A. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a registered architect, registered landscape architect, or registered professional that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. B. All roads and parking areas shall meet the setback requirements established for structures in Subdivision 8 of this Section. C. Roads, driveways, parking areas and any other impervious surfaces must not be placed within bluff and shore impact zones. If no alternatives exist, they may be placed within these areas, but shall not be placed closer than 50 feet of the Ordinary High Water Level, and must be designed to minimize adverse impacts. Exceptions to this requirement include recreation trials and boat launch ramps. D. Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. Grading and filling provisions of City Code must be met for these facilities. E. Natural vegetation shall be used in order to screen parking areas when viewed from a public water. Subd.13. Stormwater Management. A. Existing natural drainageways, wetlands, and vegetated soil surfaces should be used to convey, store, filter, and retain stormwater runoff before discharge to public waters, unless an improved drainage system meets all necessary regulations. B. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. C. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. 20 33 Shoreland Code (draft 07-11-95) Section 11.50 D. The installation of any erosion control measures are subject to the Minnesota Pollution Control Agency's Urban Best Management Practices, a copy of which is hereby adopted by reference and declared to be a part of this ordinance. E. Impervious Surfaces. The total area of all impervious surfaces on a lot shall not exceed 30% of the total lot area. F. When proposed facilities are used for stormwater management, documentation must be provided by a registered Engineer that they will be designed and installed consistent with the field office technical guide of the local soil and water conservation districts of Hennepin County, and United States Soil Conservation Service. G. Newly constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. Subd.14. Agriculture Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting may be conducted if steep slopes and shore and bluff impact zones are maintained in accordance with this chapter and such use otherwise conforms to the requirements of this chapter. Subd.15. Water and Waste Systems. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with Subd.16 of this section. A. Sanitary Restrictions. 1. A public or private supply of water for domestic purposes shall conform to Minnesota Rules Chapter 4720 and 4725 and 7048-7100. 2. Private wells shall be placed in areas not subject to flooding and upslope from any source of contamination. Wells already existing in areas subject to flooding shall be flood proofed in accordance with accepted engineering standards. B. Water Supply and Sewage Treatment. 1. Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 2. Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: 21 Shoreland Code (draft 07-11-95) Section 11.50 a. Publicly-owned sewer systems must be used where available. b. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled. "Individual Sewage Treatment Systems Standards, Minnesota Rules Chapter 7080" a copy of which is hereby adopted by reference and declared to be a part of this ordinance. c. On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Subd. 8 of this Section. d. Public sewage disposal and commercial, agricultural, solid waste, and industrial waste disposal, shall be subject to the standards of the Minnesota Rules Chapters 7020 Animal Feedlots, 7035 Solid Waste, 7040 Sewage Sludge Management, 7048 Waste Disposal - Operators, Inspections, 7060 Underground Waters, 7065 Effluent standards for Disposal Systems, 7077 Wastewater Treatment Assistance, a copy of which is hereby adopted by reference and declared to be a part of this ordinance. C. Septic Tank and Soil Absorption System. 1. Location and installation of septic tanks and/or soil absorption systems shall be such that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance, endanger the domestic water supply, nor pollute or contaminate any waters in the State. In determining a suitable location for the tank or system, consideration shall be given to the size and shape of the lot, slope of natural grade, soil permeability, high ground water elevation, geology, proximity to existing and future water supplies, accessibility for maintenance and possible expansion of system. 2. Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage: low swampy areas or areas subject to recurrent flooding; areas where the highest known ground water table, bedrock, or impervious soil conditions are within 4 feet of the bottom of the systems; and area of ground slope which create a danger of seepage of the effluent onto the surface of the ground. D. Permits shall stipulate that any identified nonconforming sewage treatment system, as 22 �5 Shoreland Code (draft 07-11-95) Section 11.50 defined by Minnesota Rules 7080, Individual Sewage Treatment Systems, shall be reconstructed or replaced in accordance to the standards found in Minnesota Rules 7080. E. Inspection. The Building Inspector shall make such inspection or inspections as are necessary to determine compliance with this Section. No part of any soil absorption system or septic tank shall be covered until it has been inspected and accepted by the Building Inspector and a permit has been obtained from the City pursuant to Subdivision 5 of this Section. It shall be the responsibility of the applicant for the permit to notify the Inspector that the job is ready for inspection or reinspection, and it shall be the duty of the Inspector to make the indicated inspection within a reasonable time after such notice has been given. It shall be the duty of the owner or occupant of the property to give the Inspector free access to the property at reasonable times for the purpose of making such inspections. If upon inspection the Inspector discovers that any part of the system is not constructed in accordance with the minimum standards in this Section, he shall give the applicant written notification describing defects. The applicant shall be responsible for correction or elimination of all defects, and no system shall be placed or replaced in service until all defects have been corrected or eliminated. Upon final inspection approval, the Inspector shall so notify the applicant in writing. Subd.16. Non-Conforming Structures, Lots, or Sewage Treatment Systems. An existing structure or use which was lawful before adoption of this Section, but which is not in conformity with the provisions of this Section, may be continued subject to the following conditions: A. No structure or use shall be expanded, changed, enlarged, or altered in any way without complying in all respects with this Section. B. If any non-conforming structure is destroyed or damaged by any means, to the extent that the cost of repairing or restoring such destroyed or damaged non-conforming structure would be 50% or more of the Assessor's Market Value for tax purposes at the time of damage, then it shall not be reconstructed except in full compliance in all respects with the provisions of this Section, including, but not limited to, the obtaining of all required permits. C. Substandard Lots. The City may issue a building permit for a lot of record in the office of the County Recorder prior to the date of enactment of this Section which does not meet the lot size requirements of this Subdivision, provided the lot complies with setback provisions and sanitary restrictions of this Section, and is in separate ownership 23 3� Shoreland Code (draft 07-11-95) Section 11.50 from abutting lands, except those lots not in separate ownership that have received City platting/subdivision approved. D. Nonconforming sewage treatment systems. 1. A sewage treatment system not meeting the requirement of Minnesota Rules 7080, entitled Individual Sewage Treatment Systems, must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. 2. The City will require upgrading or replacement of any nonconforming system within a reasonable period of time which will not exceed 2-years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 103F.201, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Rules Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming. Subd.17. Subdivision Restrictions. A. Land Suitability. No permit shall be granted for land to be subdivided which the City finds to be unsuitable for the proposed use because of wetlands, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, flooding, inadequate drainage, soil and rock formation, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety or welfare of future residents. B. Inconsistent Plats. All plats which are inconsistent with this Section shall be received and reviewed by the Commissioner 10 days before a hearing is called by the City for consideration of approval of a preliminary plat. C. Copies of Plats. The Commissioner shall receive all plats within shoreland areas within 10 days of final approval by the City. 24 Shoreland Code (draft 07-11-95) Section 11.50 Subd.18. Information requirements. Sufficient information must be submitted by the applicant for the city to make a determination of land development suitability. The information shall include at least the following: A. topographic contours at two-foot intervals showing limiting site characteristics; B. the surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; C. adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil boring, percolation tests, or other methods; D. information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; E. location of shoreland areas, 100-year flood plain areas from existing adopted maps or data; and F. a line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. G. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. H. Controlled Access or Recreational Lots. Lots Intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in Subd. 8 of this Section. Subd.19. Planned Unit Development (PUD). For PUD developments within a shoreland area as defined, the provisions of Section 11.40 shall apply. Section 3. 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, 25 Shoreland Code (draft 07-11-95) Section 11.50 as though repeated verbatim herein. Section 4. 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 in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on G:\BARB\STEVE\1150.COU 26 PLANNING COMMISSION February 26 , 1996 B. SHORELAND ORDINANCE Review of the revised 1995 Shoreland Management code. The amendment includes: 1. New Statewide standards for "management of Shoreland Areas". 2. Reorganization of portions of the Shoreland Management code. Existing code was approved by the City in 1982. 3. Flexibility standards. Franzen noted the revisions reinforce what Eden Prairie has been doing as a development practice for the last 15 years. Eden Prairie's approach to development in shoreland areas has been conservative. Low density, large setbacks, tree preservation and conservation easements has resulted in a density which is 30 percent of what the state rules would permit. Staff sees this item has housekeeping and recommends approval. The Commission complimented on the user friendly way the booklet was prepared. The Public Hearing was opened. Mr. Wersel, 12645 Sunnybrook Road, expressed concern about the new revisions effecting his property because it is being looked at for future development. He askedifthe revisionswill bemore liberal or more.restrictive p to him as a current property owner if he chooses not to develop. Franzen stated as long as Wersel does not fill the creek, fill the flood plain, or cut down trees greater than 12 inches in diameter, the revisions will not effect him. MOTION 1: Clinton moved, Foote seconded, to close the Public Hearing. Motion carried 7-0. MOTION 2: Clinton moved, Foote seconded, to recommend to the City Council approval of the Shoreland Ordinance based on the Staff Report dated February 26, 1996. Motion carried 7-0. yU DATE: 03/11/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: V,C SECTION: Public Hearing - DEPARTMENT: ITEM DESCRIPTION: Engineering Division VACATION 96-03: Vacation of Right-of-Way for part of Kurtz Lane David Olson Published 02/29/96 Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating the right-of-way for part of Kurtz Lane within Pafko Addition Overview: The developer of Birch Island Acres 2nd Addition (a replat of part of Pafko Addition) has requested the vacation of part of the existing right-of-way for Kurtz Lane lying within the area being replatted. This vacation will eliminate possible overlap problems when the replacement right-of-way is dedicated in the new plat of Birch Island Acres 2nd Addition. Supporting Information: Vacation Resolution Vacation Drawings I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY FOR PART OF KURTZ LANE (VAC 96-03) WHEREAS, the City of Eden Prairie has a certain right-of-way described therein as follows: That part of Kurtz Lane within Pafko Addition that lies southwesterly of the following described line: Beginning at the southeast corner of Lot 2, Block 1, Pafko Addition (the east line of Lot 2, Block 1, has an assumed bearing of S 19 degrees 43 minutes 08 seconds E); thence S 27 degrees 55 minutes 00 seconds E a distance of 50.00 feet and there terminating. WHEREAS, a public hearing was held on March 19, 1996 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way is not necessary and 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-of-way 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 March 19, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk 2 1 •• . 4 * el . rf 144 U IfrA mao 1 iL rr .,-..1.° . :%ri T. 1 1 **7,* $ Irk''' •:.• CR_EEN V11.75\ 111 111‘ ....z . ,..—.... r----- MIMI •„. - . 440,. oss • -....:0 4 ....: al , ri .;: • cli::' IS .• o ,... • • ... • 2.r ,,.. •- 1 7• •:. •••' 1... ........ 0 .r.i P1 o-•• W 1/40, 110 .y.'*".....,1 .,. • . i.•;, N" --:•;2-7 '2C .13 i li.--.1',10 ' 7..... rn . Z -,Vri ,',.. 4, . ..1—"1.-771..r........ 2 • ,..: 1.'i':.:6 5(.4 \,leka: 1,, 4 tit. ..... , ••• , ,p : iirri A, 0 '4' KU ...- / ..., \ \ * ITIOi • IV-:--- ...,............„...; iat •• 1111 -v ..:•:, mil a . li ...v. 1011,11, ,.., .• ..... .6 , q›. .....:. N% . ... ...... •.„,,,, , v.., ...,. .,.,..„. •N *. 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' '14,;31_ _ , ‘. / y i 1,-, ,• .)\ / ,' 0,- '' .;i, • , ti• f,, 5 ( , ,_ -- ., . , i• I ( \ \ \ , _ \ ,; V -6 i i , \ -:,S, .•) . ,,, i'• 1‘, ' \; Si / ,--- • \ , 1 fic 96 - 0 3 . ,. ...,. . ( -), ... \ . ._, , 1111 1.1.W Ini.1 11180 y eteseollen Is ',flow. IN,: - C 1)1 1, DATE: 03/19/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: v. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division VACATION 96-04: Vacation of Drainage Easement within Tanager Creek David Olson and Tanager Creek 2nd Addition Published 02/29/96 Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating the drainage easement located within Tanager Creek and Tanager Creek 2nd Additions as described in the resolution. • Overview: The property owners have requested vacation of a drainage easement which crosses property included within the Tanager Creek plats. The easement passes through an existing house. The easement was provided to the City in 1966 to convey drainage from the Ponderosa Hills Subdivision to Nine Mile Creek. Since the development of Tanager Creek, the easement is no longer used or needed. Supporting Information: • Vacation resolution • Vacation Drawings I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF A DRAINAGE EASEMENT WITHIN TANAGER CREEK AND TANAGER CREEK 2ND ADDITION (VAC 96-04) WHEREAS, the City of Eden Prairie has a certain drainage easement described therein as follows: An easement for storm water, drainage and maintenance over, across, and upon a strip of land 15 feet on either side of the following described centerline in the Southeast Quarter of the Northwest Quarter of Section 3, Township 116, Range 22. Commencing at the Southwest corner of the East 75 rods of said Southeast Quarter of the Northwest Quarter; thence North parallel with the East line of said Southeast Quarter of the Northwest Quarter a distance of 260.0 feet to the actual point of beginning; thence deflecting to the right 72° 30' a distance of 625 feet more or less to the centerline of a creek and there terminating. WHEREAS, a public hearing was held on March 19, 1996 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage easement is not necessary and 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 drainage easement 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 March 19, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. 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FINANCE PAYMENT OF CLAIMS VI CHECKS NUMBER 39273 THRU 39623 Action/Direction: MARCH 19, 1996 VI 39273 U S POSTMASTER POSTAGE FOR MARCH/APRIL 1996 SENIOR 190.64 NEWSLETTER. 39274 MINNESOTA HOUSING PARTNERSHIP TRAINING CONFERENCE-COMMUNITY DEVELOPMENT. 15.00 39275 CANADA LIFE ASSURANCE CO PAYROLL 2-2-96 DISABILITY INS PREMIUM FEB. 2245.56 39276 FEDERAL RESERVE BANK PAYROLL 2-2-96. 400.00 39277 GREAT-WEST LIFE & ANNUITY PAYROLL 2-2-96. 8115.50 39278 HEALTHPARTNERS PAYROLL 2-2-96 HEALTH INSURANCE PREMIUM 27691 .05 FOR THE MONTH OF FEB. 39279 ICMA RETIREMENT TRUST-457 PAYROLL 2-2-96. 4131 .72 39280 MEDICA CHOICE PAYROLL 2-2-96 HEALTH INSURANCE PREMIUM 53687.60 FOR THE MONTH OF MARCH. 39281 MINNESOTA MUTUAL LIFE PAYROLL 2-2-96. 1267.50 39282 MN STATE RETIREMENT SYSTEM PAYROLL 2-2-96. 247.00 39283 MN TEAMSTERS CREDIT UNION PAYROLL 2-2-96. 35.00 39284 PRUDENTIAL INSURANCE CO PAYROLL 2-2-96 LIFE INSURANCE PREMIUM FOR 3090.55 THE MONTH OF FEB. 39285 PUBLIC EMPLOYEES RETIREMENT PAYROLL 2-2-96. 42467.26 39286 PUBLIC EMPLOYEES RETIREMENT PAYROLL 2-2-96. 32.50 39287 PUBLIC EMPLOYEES RETIREMENT PAYROLL 2-2-96. 249.00 39288 CITY OF RICHFIELD MOTOR VEHICLE TRAILOR TITLE AND 28.00 REGISTRATION FEES - FLEET SERVICES. 39289 BRENDA GILLITZER REFUND-CROSS COUNTRY SKI CLINIC. 28.00 39290 TAMMY HART REFUND-CROSS COUNTRY SKI CLINIC. 28.00 39291 DON SCHWARTZ REFUND-CROSS COUNTRY SKI CLINIC. 20.00 39292 LINDA SKINNER REFUND-CROSS COUNTRY SKI CLINIC. 28.00 39293 INTL UNION OF OPERATING ENGINEERS PAYROLL 02-16-96. 1335.00 39294 CARVER CO CHILD SUPPORT UNIT PAYROLL 02-16-96. 90.00 39295 CARVER CO CHILD SUPPORT UNIT PAYROLL 02-16-96. 276.93 39296 CARVER CO CHILD SUPPORT UNIT PAYROLL 02-16-96. 49.37 39297 FEDERAL RESERVE BANK PAYROLL 02-16-96. 350.00 39298 GREAT-WEST LIFE & ANNUITY PAYROLL 02-16-96. 8240.50 39299 HENNEPIN COUNTY COLLECTIONS PAYROLL 02-16-96. 10.00 39300 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 02-16-96. 240.46 39301 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 02-16-96. 275.08 39302 ICMA RETIREMENT TRUST-457 PAYROLL 02-16-96. 4139.22 39303 MN DEPT OF REVENUE PAYROLL 02-16-96. 227.42 39304 MINNESOTA MUTUAL LIFE PAYROLL 02-16-96. 1267.50 39305 MN STATE RETIREMENT SYSTEM PAYROLL 02-16-96. 247.00 39306 MN TEAMSTERS CREDIT UNION PAYROLL 02-16-96. 35.00 39307 PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 02-16-96. 110.00 39308 PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 02-16-96. 42325. 12 39309 UNITED WAY PAYROLL 02-16-96. 756.00 39310 AARP 55 ALIVE MATURE DRIVING TUITION-MATURE DRIVING CLASS-FEES PAID. 144.00 39311 SUE MCCARVILLE MILEAGE REIMBURSEMENT-COMMUNITY CENTER. 11 .20 39312 CHALLENGE PRINTING REFUND-APPLICATION FEE FOR INDUSTRIAL 29000.00 DEVELOPMENT BOND REIMBURSED BY STATE OF MN. 39313 HENNEPIN COUNTY GENERAL SERVICES SECTION MAPS-ENGINEERING. 402.57 39314 CARL JULLIE REIMBURSEMENT FOR ROTARY DUES/MEETING 152.50 EXPENSES. 23368275 MARCH 19, 1996 VI 39315 BRIDGET MILLER REIMBURSE FOR SUPPLIES. 15.07 39316 SHERI L MOONEN REIMBURSE FOR VARIOUS YOUTH ACTIVITY 99.82 SUPPLIES. 39317 DEREK J PETERSON REIMBURSEMENT-TRAINING EXPENSES. 56.80 39318 TIM SATHER REIMBURSEMENT-TRAINING EXPENSE. 72.09 39319 COLIN D SCHMIDT REIMBURSE-MEETING EXPENSES. 10.00 39320 STAR TRIBUNE COPY OF JAN 13 1996 MPLS STAR TRIB PAPER. 5.00 39321 GORDON STODOLA REPLACEMENT COST OF TREES REMOVED BY CITY. 1000.00 39322 DON URAM REIMBURSE FOR PARKING AND MILEAGE-FINANCE 22.80 DEPT. 39323 US WEST COMMUNICATIONS SERVICE. 326.50 39324 CAROLYN BIEKER REFUND-SWIMMING LESSONS. 3.00 39325 GINA BORDEN REFUND-SWIMMING LESSONS. 24.00 39326 DIANE DINGLEY REFUND-SNOWSHOE HIKE. 8.00 39327 KATHY DONLIN REFUND-SKATING LESSONS. 23.00 39328 KEN EISLER REFUND-SNOWSHOE HIKE. 8.00 39329 PAM HOCHREIN REFUND-SWIMMING LESSONS. 5.00 39330 LYNN HOLBERG REFUND-SWIMMING LESSONS. 2.25 39331 KEN HUNT REFUND-SKATING LESSONS. 18.83 39332 HOLLY JONES REFUND-SWIMMING LESSONS. 15.00 39333 JULIE MUSECH REFUND-SWIMMING LESSONS. 12.00 39334 CHRISTAL PIETSCH REFUND-SPECIAL TRIP. 22.00 39335 MICHELLE ROCHEFORD REFUND-SKATING LESSONS. 17.81 39336 BONITA SHAH REFUND-SWIMMING LESSONS. 7.00 39337 BONITA SHAH REFUND-SWIMMING LESSONS. 3.50 39338 KEN THORESON REFUND-NATURE PHOTOGRAPHY CLASS. 15.00 39339 AUDREY TULBERG REFUND-NATURE PHOTOGRAPHY CLASS. 12.00 39340 ARLENE UNDERWOOD REFUND-SKATING LESSONS. 23.00 39341 VALERIE WALSH REFUND-SNOWSHOE HIKE. 8.00 39342 DEPT OF NATURAL RESOURCES ADVANCED HUNTER EDUCATION FEES COLLECTED. 80.00 39343 DESTINATION JOBS 1996 SW METRO COMMUNITY JOB FAIR BOOTH. 350.00 39344 G & K SERVICES UNIFORM EXPENSE-COMMUNITY CENTER/FLEET 851 .52 MAINTENANCE/STREET DEPT/UTILITIES. 39345 HORIZON ROOFING REFUND-BUILDING PERMIT. 102.25 39346 JASON-NORTHCO L P #1 MARCH RENT-LIQUOR STORE I. 5184.00 39347 JOEL KLUTE 2ED HALF IF INTERNSHIP STIPEND. 200.00 39348 LAW INFORCEMENT OPPORTUNITIES LAW INFORCEMENT CAREER FAIR BOOTH. 210.00 39349 LISA LETO 2ND HALF OF INTERNSHIP STIPEND. 200.00 39350 MN ASSOC OF SOIL AND WATER WETLAND CONSERVATION MANUAL-ENGINEERING 32.63 DEPT. 39351 MINNESOTA BOOKSTORE PUBLICATION-INSPECTION DEPT. 159. 10 39352 MINNESOTA VALLEY ELECTRIC COOPERA SERVICE. 513. 12 39353 MRPA OPTIMIST SOFTBALL TOURNAMENT ENTRY FEE-TO 110.00 BE REIMBURSED BY OPTIMIST. 39354 KELLY SPANN SERVICE-BASKETBALL OFFICIAL-FEES PAID. 192.50 39355 SUPERIOR CONTRACTORS REFUND-MECH PERMIT. 39.00 39356 UNITED PROPERTIES MARCH RENT-LIQUOR STORE III. 6581 .25 39357 YOUNG AUDIENCES OF MINNESOTA AFRICAN AMERICAN STORYTELLING - 250.00 HISTORICAL CULTURE. 39358 SISINNI FOOD SERVICE MEETING EXPENSE-CITY HALL/UTILITIES/SR 853.63 ISSUES/POLICE DEPT/SAFETY/ENVIRONMENTAL WASTE. 1774447 MARCH 19, 1996 VI 39359 EDEN PRAIRIE CHAMBER OF COMMERCE MEMBER/NON MEMBER LABELS-ADAPTIVE REC. 129.90 39360 FIRE EMS CENTER TRAINING EXPENSE-FIRE DEPT. 0.00 39361 METROPOLITAN STATE UNIVERSITY BRA TRAINING - FIRE DEPT. 88.00 39362 JACQUE FRYKLUND REFUND-YOUTH SKI TRIP. 27.00 39363 FOCUSED TRAINING SYSTEMS INC CONSULTING FEE-UTILITY DIVISION WATER 2000.00 PLANT EXPANSION PROJECT. 39364 GOLD COUNTRY SWEATSHIRTS-CITIZENS ACADEMY-CITY 580.50 REIMBURSED. 39365 HENNEPIN CO FIRE CHIEFS ASSN 1996 DUES. 10.00 39366 HENNEPIN CO GENERAL SERVICES SECTION MAPS-ENGINEERING. 388.00 39367 HOLIDAY INN BRAINERD TRAINING EXPENSE-FIRE DEPT. 142.36 39368 KEN JOHNSON SERVICE-NATURE PHOTOGRAPHY INSTRUCTOR- 70.00 FEES PAID. 39369 LAKE COUNTRY CHAPTER CONFERENCE EXPENSE-INSPECTION DEPT. 625.00 39370 MN CHAPTER IAAI CONFERENCE EXPENSE-INSPECTION DEPT. 300.00 39371 VOID OUT CHECK 0.00 39372 MN PIE CONFERENCE EXPENSE-PARK MAINTENANCE. 65.25 39373 MTI DISTRIBUTING CO TRAINING-PARK MAINTENANCE. 150.00 39374 PETTY CASH PETTY CASH-CITY HALL. 68.86 39375 RADISSON DULUTH TRAINING EXPENSE - FIRE DEPT. 117.00 39376 JEAN STRAIT SERVICE-WINTER SAMPLER INSTRUCTOR-FEES 25.00 PAID. 39377 SUPPLEES 7 HI ENTER INC MARCH RENT-LIQUOR STORE II. 5328.49 39378 U S WEST COMMUNICATIONS SERVICE. 1582.28 39379 WONDER WEAVERS STORYTELLING-SPECIAL EVENT. 85.00 39380 CINDY ANDERSON REFUND-SWIMMING LESSONS. 21 .00 39381 MARY CLEARY REFUND-SWIMMING LESSONS. 3.50 39382 SHELLY GARDNER REFUND-SWIMMING LESSONS. 3.50 39383 WILLIAM GOEHRING REFUND-SWIMMING LESSONS. 5.00 39384 MRS GRAYSON REFUND-FIRST AID AND SAFETY. 91 .00 39385 RANAE HABERMAN REFUND-SWIMMING LESSONS. 49.00 39386 LORI HULSTEIN REFUND-SWIMMING LESSONS. 24.50 39387 MARGARET JOHNSON REFUND-TISSUE ANGEL CLASS. 6.00 39388 MRS LUNDE REFUND-SKATING LESSONS. 18.66 39389 RICK MORGAN REFUND-SWIMMING LESSONS. 30.00 39390 MRS NGUYEN REFUND-SWIMMING LESSONS. 23.00 39391 DEBRA TRUAX REFUND-SWIMMING LESSONS. 21 .00 39392 CAROLINA VILLANOZ REFUND-SWIMMING LESSONS. 23.00 39393 VOID OUT CHECK 0.00 39394 CARD SERVICES CONFERENCE EXPENSES-CITY COUNCIL. 1083.00 39395 SAM GOODY SUPPLIES-COMMUNITY CENTER. 26.58 39396 THOMAS MONTGOMERY REIMBURSEMENT FOR CONFERENCE EXPENSES- 247.48 FIRE DEPT. 39397 WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 3-1-96. 950.00 39398 CIRCUS PIZZA YOUTH SPECIAL TRIP-FEES PAID. 167.74 39399 IACPO BOX 90976 TRAINING EXPENSE-POLICE DEPT. 285.00 39400 MAWP SPRING CONFERENCE TRAINING EXPENSE-POLICE DEPT. 115.00 39401 MN S C I A TRAINING EXPENSE-POLICE DEPT. 90.00 39402 MINNESOTA HOUSING FINANCE AGENCY 1996 MN CITIES PARTICIPATION PROGRAM - 9866.53 DEPOSIT OF $9666.53 WELL BE REIMBURSED TO THE CITY IN JUNE. . 2493313 1 MARCH 19, 1996 VI 39403 MINNESOTA CLE TRAINING-POLICE DEPT. 340.00 39404 FANNY HILL INN DINNER THEATRE TRIP SENIOR CENTER-FEES 658.90 PAID. 39405 SKATEVILLE YOUTH SPECIAL TRIP - FEES PAID. 149. 10 39406 U S POSTMASTER POSTAGE FOR VALUATION NOTICES-ASSESSING 3394.60 DEPT. 39407 BELLBOY CORPORATION LIQUOR. 2486.55 39408 EAGLE WINE CO LIQUOR/WINE. 2461 . 14 39409 GRIGGS COOPER & CO INC LIQUOR. 30615.06 39410 JOHNSON BROTHERS LIQUOR CO LIQUOR/WINE. 44758.73 39411 PAUSTIS & SONS CO WINE. 2114.50 39412 PHILLIPS WINE & SPIRITS LIQUOR/WINE. 28681 .24 39413 PRIOR WINE CO LIQUOR/WINE. 7962.60 39414 QUALITY WINE & SPIRITS CO LIQUOR/WINE. 16977.63 39415 VINTAGE ONE WINES INC WINE. 234.00 39416 THE WINE COMPANY WINE. 815.46 39417 WORLD CLASS WINES INC WINE. 1603.95 39418 MN DEPT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATION. 18.50 39419 NORWEST BANKS MINNESOTA N A FEDERAL SOCIAL SECURITY AND MEDICARE 87963.59 WITHHOLDING PAYMENT PAYROLL 3-1-96. 39420 PROEX PHOTO SYSTEMS FILM AND FILM PROCESSING-COMMUNICATIONS/ 124.23 ASSESSING/UTILITIES/SR CENTER/INSPECTIONS/ POLICE DEPT. 39421 PAUSTIS & SONS CO MIX. 27.95 39422 BELLBOY CORPORATION BEER. 51 .00 39423 DAY DISTRIBUTING COMPANY BEER. 6391 .65 39424 EAST SIDE BEVERAGE CO BEER. 10114.50 39425 HOHENSTEINS INC BEER. 166.90 39426 MARK VII DISTRIBUTING COMPANY BEER. 7646. 12 39427 MIDWEST COCA COLA BOTTLING CO MIX. 870.51 39428 PEPSI-COLA COMPANY MIX. 245.35 39429 THE WINE COMPANY BEER. 48.95 39430 THORPE DISTRIBUTING COMPANY BEER. 13653.80 39431 NODLAND CONSTRUCTION CO CITY IMPROVEMENT CONTRACT-VILLAGE KNOLLS 11343.27 2ND ADDITION. 39432 RIDGEDALE ELECTRIC INC CITY CENTER LIGHTING IMPROVEMENTS. 5339.00 39433 ALTERNATIVE BUSINESS FURNITURE IN WORK STATION - POLICE DEPT. 2765.63 39434 AMERICAN LINEN SUPPLY CO SERVICE-LIQUOR STORES. 245.52 39435 AMERICAN WATER WORKS ASSOC SUPPLIES-UTILITIES. 466.56 39436 AIR POWER EQUIPMENT CORP COMPRESSOR-FIRE DEPT. 3155.00 39437 ANCHOR PAPER COMPANY PAPER-CITY HALL. 1642.88 39438 AMERICAN ENGINEERING TESTING INC BAKER RD RESERVOIR PROJECT CONTRACT 1218.00 PREPARATION. 39439 EARL F ANDERSEN & ASSOC INC SIGNS-STREET DEPT. 293.06 39440 ANDERSONS GARDEN SUPPLIES-FIRE DEPT. 109.28 39441 KEN ANDERSON TRUCKING FEBRUARY ANIMAL DISPOSAL. 128.26 39442 ARBORQUIP INC BRUSH CLIPPER-STREET DEPT. 639.00 39443 ARMOR SECURITY INC ALARM MONITORING-OUTDOOR CENTER. 330.36 39444 ARCHITECTURAL DIGEST SUBCRIPTION-FACILITIES. 29.95 39445 ASPEN EQUIPMENT COMPANY AIR COMPRESSOR RENTAL - IRRIGATION SYSTEM. 1544.25 29982653 5 MARCH 19, 1996 VI 39446 ASTLEFORD INTL INC PARTS-FLEET MAINTENANCE. 20.58 39447 ATCO ICE MELT-WATER PLANT. 200.00 39448 A TO Z RENTAL CENTER LOG SPLITTER RENTAL-PARK MAINTENANCE. 281 .67 39449 A TO Z RENTAL CENTER HEATER RENTAL-UTILITIES. 63.83 39450 VOID OUT CHECK 0.00 39451 BACONS ELECTRIC CO SUPPLIES-WATER TREATMENT FACILITY. 929.50 39452 BATTERIES PLUS BATTERIES-STREET MAINTENANCE. 53.24 39453 BAUER BUILT INC BATTERY-FLEET MAINTENANCE. 154.96 39454 BCL APPRAISALS SUNNYBROOK ROAD LAND APPRAISAL. 800.00 39455 BECKER ARENA PRODUCTS INC BUSHING-COMMUNTIY CENTER. 119.35 39456 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 645.58 39457 BENSHOOF & ASSOCIATES INC TRAFFIC ENGINEERING ASSISTANCE. 3513.45 39458 BIFFS INC SERVICE-PARK MAINTENANCE/4375. 567.43 39459 DAVE BLACK SERVICE-HOCKEY OFFICIAL-FEES PAID. 487.50 39460 BLOOMINGTON LOCK & SAFE CO SERVICE-FIRE STATION I/WARMING HOUSE AT 266.83 PRAIRIE VIEW PARK. 39461 BOYER FORD TRUCKS INC PARTS-FLEET MAINTENANCE. 40.26 39462 BRAUN INTERTEC CORPORATION SUNNYBROOK RD UPGRADING/STARING LAKE PARK 3165.80 TANK PULL. 39463 PAUL BROWN SERVICE-VOLLEYBALL/BASKETBALL OFFICIAL- 1108.50 FEES PAID. 39464 BRW INC DELL RD CONSTRUCTION-CONSULTING SERVICES. 321 .93 39465 B & S TOOLS TOOLS-UTILITIES. 320.03 39466 BUSINESS AND LEGAL REPORTS PUBLICATION-UTILITIES. 216.95 39467 CAPITOL COMMUNICATIONS SUPPLIES-FLEET SERVICES/POLICE DEPT. 395.87 39468 CARGILL INCORPORATED DEICING SALT-STREET MAINTENANCE. 416.45 39469 CARLSON TRACTOR & EQUIPMENT CO CLAMP-PARK MAINTENANCE. 16.09 39470 JIM CARLSON LEASING CO AUTO LEASE-POLICE DEPT. 4944.00 39471 CENTRAIRE INC MAINTENANCE AND REPAIRS-PUBLIC WORKS/FIRE 681 .85 STATION. 39472 CHANHASSEN LAWN & SPORTS SUPPLIES-FIRE DEPT/PARK MAINTENANCE. 63.43 39473 CLUTS OBRIEN STROTHER ARCHITECTS DESIGN FOR MAINSTREET IMPROVEMENTS. 1398.20 39474 CO2 SERVICES CO2-COMMUNITY CENTER. 30.97 39475 THE COBB GROUP SUBCRIPTION-FINANCE DEPT. 59.00 39476 THE COLOR CENTER SUPPLIES-UTILITIES. 220.00 39477 COPY EQUIPMENT INC PRINT ROOM PAPER-ENGINEERING. 94.98 39478 CONNEY SAFETY PRODUCTS SUPPLIES-UTILITIES. 174.61 39479 SUPPLIES-PARK MAINTENANCE. 52.29 39480 CONTINENTAL SAFETY EQUIP INC SUPPLIES-UTILITIES. 290.44 39481 CONSOLIDATED PLASTICS SUPPLIES-UTILITIES. 292.06 39482 CROWN MARKING INC SUPPLIES-CITY HALL. 27.56 39483 CRYSTEEL DIST INC PARTS-FLEET MAINTENANCE. 370.73 39484 CUTLER MAGNER COMPANY QUICKLIME-WATER TREATMENT FACILITY. 10070.03 39485 DANKO EMERGENCY EQUIPMENT CO SUPPLIES-FIRE DEPT. 186. 10 39486 THE DARTNELL CORPORATION PUBLICATION-UTILITIES. 113.93 39487 DASH MASTERS INC SUPPLIES-FLEET MAINTENANCE. 71 .83 39488 DAVIES WATER EQUIPMENT CO QUICK FREEZE KIT-UTILITIES/QUICK FREEZE 420.88 KIT-UTILITIES. 39489 DECORATIVE DESIGNS LIVE PLANT MAINTENANCE-MARCH CITY HALL. 365.85 39490 DELEGARD TOOL CO SHOP TOOLS-FLEET MAINTENANCE. 315.65 3435019 MARCH 19, 1996 VI 39491 DPC INDUSTRIES INC LIQUID CHLORINE-WATER TREATMENT FACILITY. 1341 .00 39492 DYNA SYSTEMS SUPPLIES-UTILITIES. 433.05 39493 THE ECONOMICS PRESS INC PUBLICATION-FINANCE DEPT. 44.02 39494 EDEN PRAIRIE SCHOOL DIST 272 USE OF SCHOOL FACILITIES-RECREATION DEPT/ 1742.79 CHILD CARE FOR HOPE MEETING. 39495 EDINA S W PLUMBING EMERGENCY REPAIR MOORE HOUSE. 110.75 39496 EKLUNDS TREE & BRUSH DISPOSAL BRUSH DISPOSAL. 1995.00 39497 EXPRESS MESSENGER SYSTEMS INC DELIVERY CHARGES-CITY HALL. 6.05 39498 FAUVER SUPLIES-UTILITIES. 267.49 39499 FERRELLGAS PROPANE-COMMUNITY CENTER. 159.70 39500 FLAGHOUSE INC SUPPLIES-YOUTH RECREATION. 239.09 39501 FLAHERTY EQUIPMENT CORPORATION LADDER TRUCK REPAIR-FIRE DEPT. 994.98 39502 FIBROCOM SERVICE-POLICE DEPT. 398.99 39503 FINA COSTUMES ICE SHOW COSTUMES-COMMUNITY CENTER. 821 .50 39504 FIRE TECHNOLOGY AND ADMIN TRAINING-FIRE DEPT. 100.00 39505 UNIVERSITY OF FLORIDA PUBLICATIONS-ENGINEERING. 80.00 39506 FLOYD SECURITY SECURITY-LIQUOR STORE I/13600 PIONEER 440.91 TRAIL. 39507 GENERAL OFFICE PRODUCTS CO SUPPLIES-FIRE DEPT/UTILITIES DIVISION. 3783.05 39508 GLENROSE FLORAL AND GIFTS EMPLOYEE AWARDS-HUMAN RESOURCES. 85.46 39509 MIDWEST COCA COLA BOTTLING CO PAINT AND PAINT SUPPLIES-UTILITIES. 671 .07 39510 GOODYEAR COMMERCIAL TIRE & SVC STOCK PARTS AND SUPPLIES-FLEET 1788.06 MAINTENANCE. 39511 GOPHER STATE ONE-CALL INC SERVICE JAN-UTILITIES. 1 .75 39512 W W GRAINGER INC SCOPING HANDLE/BATTERIES-FLEET SERVICES. 166.49 39513 HACH COMPANY CHEMICALS-WATER TREATMENT FACILITY. 121 .90 39514 HANCE COMPANIES PART-FLEET MAINTENANCE. 71 .38 39515 HARMON GLASS COMPANY WINSHIELDS-FLEET MAINTENANCE. 836.33 39516 HENNEPIN COUNTY DEPT GEN SERV FICHE SERVICES-ASSESSING/PARKS/ 712.79 ENGINEERING. 39517 HENNEPIN COUNTY TREASURER ROOM AND BOARD-POLICE DEPT. 4524.50 39518 HERC-U-LIFT REPAIRS-FLEET SERVICES. 1454.29 39519 D C HEY COMPANY INC MAINTENANCE AGREEMENT-BLDG DEPT. 65.71 39520 HINES PRODUCTS CORP PENCILS-FIRE DEPT. 338.00 39521 PETE HITCHCOCK SERVICE-BASKETBALL OFFICIAL-FEES PAID. 102.00 39522 HYDRAULIC SPECIALITY CO PLOW REPAIR-FLEET MAINTENANCE. 157.93 39523 JANEX MAINTENANCE SUPPLIES-COMMUNITY CENTER. 364.07 39524 CHRIS JESSON SERVICE-BOOTHOCKEY OFFICIAL-FEES PAID. 320.00 39525 J & R RADIATOR CORP REPAIRS-FLEET MAINTENANCE. 212.09 39526 JUSTUS LUMBER CO CEDAR-STREET DEPT. 25.82 39527 INDUSTRIAL LIGHTING SUPPLY INC LIGHTING SUPPLIES-UTILITIES. 230.81 39528 INFRASTRUCTURE TECHNOLOGIES INC HEATER AND BLOWER/UTILITIES. 2397.79 39529 INTERSTATE BEARING SNOW PLOW EQUIPMENT-FLEET MAINTENANCE. 379.97 39530 JJ KELLER AND ASSOCIATES MANUALS/HANDBOOKS/PUBLICATIONS-SAFETY/ 773.01 UTILITIES. 39531 KNOX LUMBER LUMBER-PARK MAINTENANCE. 501 .05 39532 KOCH SULFUR PRODUCTS CHEMICALS-UTILITIES. 89. 19 39533 JJ KELLER OSHA SAFETY TRAINING NEWSLETTER. 94.85 39534 LAB SAFETY SUPPLY SUPPLIES-UTILITIES. 269.04 39535 LAKELAND FORD TRUCK SALES INC PARTS-FLEET MAINTENANCE/281003. 516.75 3023047 MARCH 19, 1996 VI 39536 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 1094.75 39537 LANG PAULY & GREGERSON LTD NOV SERVICES- CENTRUM TEMAN LAND. 646.05 39538 LANO EQUIPMENT INC PARTS-FLEET MAINTENANCE. 7.20 39539 CYNTHIA LANENBERG MILEAGE-FIRE DEPT. 76.44 39540 LAWRENCE BROWN WELDING SERVICE-THAW WATER SERVICE. 330.00 39541 L MCI T QUARTERLY INSURANCE PREMIUM. 55866.75 39542 ELLEN LILL SERVICE-BASKETBALL OFFICIAL-FEES PAID. 85.00 39543 LOVEGREN INDUSTRIAL SERVICES INC WATER PLANT SOFTENING BASIN EQUIPMENT 2303.07 INSTALLATION. 39544 LYONS SAFETY SUPPLIES-UTILITIES. 177.39 39545 LYMAN LUMBER CO WOOD-PARK MAINTENANCE. 38.04 39546 MASYS CORPORATION MAINTENANCE AGREEMENT-POLICE DEPT. 1429.70 39547 CURTIN MATHESON SCIENTIFIC INC CHEMICALS-WATER TREATMENT FACILITY. 324.42 39548 CITY OF MAPLE GROVE ANNUAL 1494 MEMBERSHIP DUES. 4419.00 39549 MAXI-PRINT INC PRINTING EXPENSE-POLICE DEPT. 827.58 39550 MENARDS MISC SUPPLIES-FLEET MAINTENANCE/PARK 480. 18 MAINTENANCE/STREET MAINTENANCE/FIRE DEPT. 39551 METRO SALES INC METER BILLING/SUPPLIES-CITY HALL. 1548.33 39552 MID-AMERICA POWER DRIVES PARTS-FLEET MAINTENANCE. 16. 12 39553 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-POLICE DEPT. 1072.28 39554 MINNEAPOLIS COMMUNITY COLLEGE TRAINING-POLICE DEPT. 85.00 39555 MN ASSOC OF CEMETERIES 1996 MEMBERSHIP DUES. 34.00 39556 MINNESOTA BLUEPRINT COPIER SUPPLIES/PHOTOGRAPHIC REDUCTION OF 1000.04 SCALE MAPS-ENGINEERING DEPT. 39557 MINNESOTA CHIEFS OF POLICE ASSOCI PERMIT TO ACQUIRE FORMS-POLICE DEPT. 23.43 39558 MINNESOTA PLASTICS SUPPLIES-PARK MAINTENANCE. 284.83 39559 MN TRANSPORTATION ALLIANCE 1996 MEMBERSHIP DUES. 490.00 39560 MINNESOTA BOOKSTORE STATE BLDG CODE PUBLICATION-INSPECTIONS. 219.47 39561 MN DEPT OF REVENUE 1995 HAZARDOUS WASTE GENERATOR TAX. 200.00 39562 COMMISSIONER OF TRANSPORATION PROF/TECH SERVICES/PLANT INSPECTIONS- 211 .01 ENGINEERING DEPT. 39563 MINUTEMAN PRESS PRINTING EXPENSE-INSPECTION DEPT. 80.78 39564 VOID OUT CHECK 0.00 39565 WM MUELLER & SONS INC SAND-STREET MAINTENANCE. 218.55 39566 NERCO EVANS DISTRIB SUPPLIES FOR RESALE-COMMUNITY CENTER 708.92 CONCESSIONS. 39567 BETH NILSSON WINTER 1996 SKATING LESSONS. 811 .20 39568 NORTHERN HYDRAULICS INC HANDWINCH-STREET DEPT. 26.61 39569 NORTH STAR CHAPTER NORTH STAR CHAPTER DUES. 70.00 39570 NORTH STAR ICE SUPPLIES-LIQUOR STORES. 165.51 39571 OLSEN CHAIN & CABLE CO INC LOGGING SLING-PARKS. 39.94 39572 OHLIN SALES INC SUPPLIES-POLICE DEPT. 35.27 39573 PHYSIO CONTROL CORPORATION DEFIB ELECTRODES-FIRE DEPT. 117.60 39574 PINNACLE DISTRIBUTING SUPPLIES-LIQUOR STORES. 363.50 39575 PORTER CABLE CORPORATION PARTS-PARK MAINTENANCE. 54.06 39576 POWER BRAKE EQUIPMENT CO PARTS-FLEET MAINTENANCE. 313.67 39577 POWER SYSTEMS COUPLERS-FLEET MAINTENANCE. 205. 12 39578 POWERTEX SPORTSWEAR INC BOOT HOCKEY JERSEYS-RECREATION DEPT. 191 .29 39579 PRAIRIE COMPACT COOLERS SERVICE-UTILITIES. 40.00 39580 PRAIRIE LAWN & GARDEN PARTS-STREETS/FIRE DEPT. 112.71 7684481 MARCH 19, 1996 VI 39581 PRAIRIE ELECTRIC COMPANY INC AERIATION PUMP ROUND LAKE. 1997.25 39582 RADIO SHACK SUPPLIES-POLICE DEPT. 39. 16 39583 RDO EQUIPMENT CO PARTS-FLEET MAINTENANCE. 830.09 39584 THE RETAIL MARKETING GROUP ADVERTISING LIQUOR STORES. 50.00 39585 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-SUNNYBROOK RD DESIGN/TECHNOLOGY 7771 .09 DR WATERMAIN DESIGN. 39586 RIGID HITCH INCORPORATED JACK/GREASE SEAL TRAILER AXLE-FLEET 55.00 MAINTENANCE. 39587 RESERVE OFFICER TRAINING ASSOC 1996 ROTA TRAINING. 90.00 39588 SA-AG INC MORTAR SAND-PARK MAINTENANCE. 2873.02 39589 SANCO MAINTENANCE SUPPLIES-CITY CENTER. 27.82 39590 SEARS ROUTER GUIDE-PARK MAINTENANCE. 25.61 39591 SIMUNITION SUPPLIES-POLICE DEPT. 110.00 39592 W GORDON SMITH CO FUEL-FLEET SERVICES/UTILITIES/FIRE DEPT. 436. 10 39593 PETER N SMITH SERVICE-VOLLEYBALL OFFICIAL-FEES PAID. 198.00 39594 SNYDER DRUG SUPPLIES-POLICE DEPT. 91 .53 39595 SOUTHAM BUSINESS COMMUNICATIONS ADVERT FOR BIDS-ENGINEERING. 135.00 39596 SNAP-ON TOOLS CORPORATION SHOP TOOLS-FLEET MAINTENANCE/STREET DEPT. 960.00 39597 SNELL MECHANICAL INC MAINTENANCE CONTRACT-COMMUNITY CENTER. 722.50 39598 SOUTHWEST SUBURBAN PUBLISH INC FEBRUARY LEGAL ADVERTISING. 1050.87 39599 THE SPECTACLE SHOPPE INC SAFETY GLASSES-FIRE DEPT. 95.00 39600 SPORTS WORLD USA SOFTBALLS-ADULT REC. 11949.30 39601 SPS COMPANIES PIPE FITTINGS-FLEET MAINTENANCE. 10.55 39602 STAR TRIBUNE SERVICE-POLICE DEPT. 96.20 39603 STREICHERS PROFESSIONAL POLICE EQ PARTS/SUPPLIES-FLEET MAINTENANCE/POLICE 4286.03 DEPT. 39604 SUBURBAN CHEVROLET TRANMISSION FRONT END REPAIRS-FLEET 1675.24 MAINTENANCE. 39605 SWEDLUND SEPTIC SERVICE PUMPED HOLDING TANK-OUTDOOR CENTER. 95.00 39606 THERMOGAS CO OF CHASKA PROPANE GAS-OUTDOOR CENTER/UTILITIES. 292.50 39607 THIRTY THREE MINUTE PHOTO FILM AND FILM DEVELOPING-UTILITIES/FIRE 99.82 DEPT/PARKS. 39608 TIE SYSTEMS INC OF MN SERVICE-COMMUNICATIONS. 602.00 39609 TOLL GAS & WELDING SUPPLY SUPPLIES-PARK MAINTENANCE. 24.34 39610 UNLIMITED SUPPLIES INC BOLTS-PARK MAINTENANCE. 98.79 39611 UNIFORMS UNLIMITED UNIFORM EXPENSE/SUPPLIES-POLICE DEPT/ 1550.05 FLEET SERVICES. 39612 URBAN WILDLIFE MGMT INC MARCH DEER REMOVAL. 3575.00 39613 VISIONARY SYSTEMS LTD MAINTENANCE AND SUPPORT-FIRE DEPT. 709.00 39614 ALICIA VOMHOF SERVICE-OPEN GYM-FEES PIAD. 160.00 39615 VOSS LIGHTING LIGHTING SUPPLIES-COMMUNITY CENTER/PARK 386.72 MAINTENANCE. 39616 WATERPRO SUPPLIES-UTILITIES. 10429.58 39617 WATER SPECIALTY OF MN-INC CHEMICALS-COMMUNITY CENTER. 372.53 39618 WESTBURNE SUPPLY INC-MPLS SUPPLIES-COMMUNITY CENTER. 120.39 39619 WEATHER WATCH INC MARCH-WEATHER SERVICE. 150.00 39620 WILD BIRDS UNLIMITED SEED-OUTDOOR CENTER. 9.95 39621 WOLFF FORDING COMPANY SUPPLIES-COMMUNITY CENTER. 441 . 15 39622 X IMAGE PHOTO IMAGING BOOKING CAPTURE STATION- 9161 .60 POLICE DEPT. 6385378 9 MARCH 19, 1996 VI 39623 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-STREET DEPT/PARK 119.73 MAINTENANCE. 35811 VOID OUT CHECK 85.00- 38496 VOID OUT CHECK 1822.50- 38665 VOID OUT CHECK 18.00- 39116 VOID OUT CHECK 459.00- 39133 VOID OUT CHECK 915.89- 39221 VOID OUT CHECK 1859.51- 39222 VOID OUT CHECK 105.00- 39336 VOID OUT CHECK 7.00- 38288 VOID OUT CHECK 934.73- 38510 VOID OUT CHECK 27.00- 39313 VOID OUT CHECK 402.57- -651647 $774949.66 rV EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3/19/96 SECTION: PETITIONS,REQUESTS AND COMMUNICATIONS ITEM NO. VIII A DEPARTMENT: ITEM DESCRIPTION: Community Development Proposal from GGP,Inc./Homart For City Participation Chris Enger in the Renovation of Eden Prairie Center Requested Council Action: The Staff recommends that the Council take the following action: Approve the concept of the City of Eden Prairie's investment in the renovation of the Eden Prairie Center with Tax Increment Financing and direct the City Staff to work with GGP, Inc./Homart to develop physical space plans and a Tax Increment Financing Plan according to the March 13, 1996 Eden Prairie Staff memorandum(attached). BACKGROUND Representatives from GGP,Inc./Homart and City Staff presented a proposal for the renovation of the Eden Prairie Center at the March 12, 1996 City Council Meeting. The City Council reviewed the presentation, asked questions, and continued the request to the March 19, 1996 meeting for action. Included with this packet is the March 13, 1996 Staff Report. MEMORANDUM TO: Mayor and City Council FROM: Chris Enger, Assistant City Manager, Director of Community and Economic Development • THROUGH: Carl Jullie, City Manager DATE: March 13, 1996 SUBJECT: Proposal from GGP Inc./Homart For City Participation in the Renovation of Eden Prairie Center BACKGROUND In 1994,the Eden Prairie City Council recognized the importance of taking proactive steps to help assure long-term viability of the Eden Prairie Center for two reasons: 1. The Center was not providing the commercial service to Eden Prairie's citizens that they wanted. 2. The value upon which property taxes are based had fallen since the Center was built in 1974. The Mall was originally constructed for approximately $35 million and is currently valued at$17 million. With other regional malls valued well above $100 million (Southdale $125 million)the unrealized tax to Hennepin County,the School District and Eden Prairie is enormous. The Eden Prairie Center needs at least one and preferably two major, nationally recognized department stores to attract full occupancy of national tenants to support the shopping market. At this point, Eden Prairie Center is 21 years old and requires major tenant reconfiguration and renovation. PROPOSAL As a result of Eden Prairie City Staff discussions with Dayton's and Nordstrom's, and parallel discussions by General Growth Properties, Inc. Staff, a proposal in concept for a public/private partnership has been developed. General Growth Properties, Inc. proposes with assistance from the City using Redevelopment Tax Increment Financing to completely renovate the Mall and rebuild the Sears Department Store and provide a new Department Store. The Redevelopment Program will result in an increase in taxable value of approximately $42 million. (This would represent the increment of new value upon which taxes would be paid which would flow for a specified number of years to projects in the Tax Increment District rather than the County, School District, City, etc. All taxes generated from the existing base would continue to be received by the County, School District, City.) About 65%of the cost of reconstruction,renovation,tenant relocation costs, code improvement and parking ramp construction($60 million in costs) would result in market value increase. General Growth Properties, Inc. is asking the City to invest about 15%of the total cost of the renovation. General Growth Properties,Inc. would invest about $50 million. The City investment would be guaranteed against risk by General Growth Properties, Inc. General Growth Properties, Inc. would go ahead with the construction and signing of the department store and new tenants before any investment by the City. Over time, we expect the value of the Mall to eventually grow to more than$100 million, which is more commensurate with other regional Malls. NO COST TO TAXPAYERS Tax increment financing is a type of public financing that may be used under conditions prescribed by State law for public purposes that would not be made without public assistance. The fmancing for the property improvements comes only from the taxes generated on the increase of property value above the existing value of the property. Taxes on the existing value would continue to go to existing jurisdictions. Taxes on the increased value or tax increment would be used to support a portion of Eden Prairie Mall improvements and fund public projects such as housing transportation and redevelopment. • Eden Prairie Mall is currently valued at$17 million, a decline from a construction cost of approximately $35 million when built. The 1996 values for other malls are: Southdale Mall $125 million- 199.62/sq. ft. Ridgedale Mall $ 86 million- 180.20/sq. ft. Burnsville Mall $ 75 million- 121.47/sq. ft. Eden Prairie Mall $ 17 million - 52.32/sq. ft. • Eden Prairie Mall fully occupied including one new major department store and a reconstructed Sears store would have approximately $42 million in additional taxable value by completion. • To attract department stores and tenants, Eden Prairie Mall must be completely renovated and offer amenities to department stores for costs of approximately $60 million. • The rental from 100%tenant occupancy of a renovated mall will not pay for$60 million in costs. 3 • General Growth Properties, Inc. will invest$50 million in the renovation with public participation for the balance. Any public investment would be guaranteed against loss by General Growth Properties,Inc. • General Growth Properties, Inc. would go ahead with the construction and signing of the department store and new tenants before any investment by the City. • Money for public investment would go toward: parking ramp, building code compliance, demolition and site improvements. • Money for public investment would come only from taxes generated from the $42 million in new taxable value from the improved Mall and department stores. All current taxes would continue to go to existing taxing jurisdictions. There would be no real cost to Eden Prairie taxpayers. We are convinced, left to the market, the Eden Prairie Center will not be substantially improved,and in the short and long run,Eden Prairie citizens will lose tremendous unrealized tax value that is potential at the Eden Prairie Center. BENEFITS TO CITY With City participation, General Growth Properties, Inc. is convinced that the Mall can be renovated resulting in the following: 1. The construction of at least one and likely two major,nationally recognized department stores. 2. An increase in the square footage of the Eden Prairie Center of approximately 285,000 square feet and additional nationally recognized tenants. A new 500 car parking deck would be built to accommodate additional stores. 3. Demolition and construction of a new Sears Department Store. 4. A new 14 - 16 screen theater consolidated in one location as contrasted with the current split of 9. 5. A completely relocated,new food court of 12 or 13 vendors and 200- 300 additional seats, clustered with the theaters in an entertainment core. 6. Up to three full service restaurants in the entertainment area. 7. The current food court area would be rebuilt as an ice rink with supporting facilities. y 8. General Growth Properties, Inc. would provide to the City rent free for at least 20 years, approximately 36,000 sq. ft. of space for the performing and visual arts, adjacent to center court. 9. General Growth Properties, Inc. would provide to the City rent free for at least 20 years, 5,000 ± square feet of space for a Social Services Center. ADDITIONAL BENEFITS OF TAX INCREMENT FINANCING (T.I.F.) In addition, the T.I.F. program should generate enough revenue annually (above the current taxes, which would continue to flow to the County, School District, and City)to help fund the City's Livable Community Housing Goals, provide for some redevelopment of substandard parcels in the City; and help fund some needed road improvement projects in the City. It is important to understand that, of the Eden Prairie shopping center parcels,only the parcel upon which the current Sears store sits, and the Mall parcel is proposed to be included in the Tax Increment District. That means that all the current value, plus all increase in value resulting from renovation of the Center, for Target, Kohls, and Mervyn's, would flow to the County, School District and City, as it does today. The land and developments surrounding the Eden Prairie Center will benefit from a successful center. All increases in value of the perimeter lands will flow to the County, School District and City. SUMMARY Dramatic changes are necessary for the Eden Prairie Center to attract the Department Stores necessary to fill the Mall with nationally recognized tenants. Because all of the costs of extraordinary renovation cannot be paid for entirely by tenant rent, General Growth Properties, Inc. is asking for help in earmarking some of the potential taxes resulting from the improved value of the Center to help pay for part of the improvements. All taxes generated from the existing base would continue to be received by the County, School District, and City. Based upon our assumptions and analysis, there will be no cost to the Eden Prairie taxpayer, or other taxing jurisdictions. After the term of the T.I.F. District, all taxes would again flow to the normal jurisdictions. The improved Center should result in substantial value increase. Perimeter properties would also benefit. The City would be able to use the balance of the T.I.F. proceeds for necessary public projects of local and regional need. These could include; housing,roads, utilities and economic redevelopment projects. barb\chris\memos\fmggp.cc S CITY COUNCIL AGENDA DATE: SECTION: Report of City Manager March 19, 1996 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Assessing/MIS Human Resources, Community Status Report and Demonstration by LOGIS XI. B. 1. Information & Services on the City's Internet Hook-Up Requested Action: Approve Eden Prairie's participation with LOGIS as our Internet Service Provider and the use of a consultant to help us build our World Wide Web Home page. Background: In January 1996 the City Council asked staff to investigate the City's possible involvement in the Internet and the World Wide Web. We recently completed our investigation of what other cities are doing on the 'Net. What we have found is that there is much interest by government entities at all levels in creating "Web" or "Home" pages on the Internet. In the Twin Cities metropolitan area, the cities of Champlin, Maple Grove, Oakdale, Plymouth, Coon Rapids, St. Paul, Minneapolis, St. Louis Park, and Roseville have created home pages on the World Wide Web. These pages are in various stages of use and development. A few of these cities belong to the Logis computer consortium(of which Eden Prairie is a member). After careful planning and discussion with its members over the last several months, Logis has purchased the necessary hardware and software to build a wide area data communications network that will provide Internet services to its members. The services provided by Logis fall into two main categories: Internet Server and Internet Gateway. Mike Garris, the LOGIS executive director,will attend the March 19, 1996 City Council meeting to show a live demonstration of the Internet capabilities. While Logis has been preparing their Internet service, we have been upgrading Eden Prairie's data communications systems to allow high speed data communication between the Community Center, Senior Center, City Center and LOGIS and Hennepin County. Frame relay data connections were installed through US West to bring our data communications between these locations to "Ti" speed. "Ti" data communication travels at approximately 1 MB of information per second. This is 35 times faster than a 28,800 bits per second(bps) computer modem and 70 times faster then a typical home computer using a 14,400 bps modem. Within the Eden Prairie City Center data can now flow at 10 MB of information per second. Internet Page 2 March 19, 1996 Internet Background Attached are two pages from the January/February 1996 Minnesota Cities publication for reference. What makes the Internet go? This page briefly describes the applications that exist on the Internet. With the recent changes by the City and LOGIS we will be able to start working on item#4 - The World-Wide Web "Home Page". Our cost to implement the LOGIS service will be a one-time investment in the range of$2,200 to $3,200 plus a yearly fee of$2,052. First year costs will total $4,200 to $5,200. Annual cost thereafter will be $2,052. This will give us the capability at LOGIS to provide Internet E-mail in addition to the home page capability. Being a member of the Logis consortium has definite benefits,one of the cities that decided to go it alone and be it's own Internet Service Provider had a first year cost of more than $34,000 and annual cost thereafter of$9,840. In addition to the Internet access costs, we will also be responsible for the cost of developing the Home page or pages. We surveyed the cities of Champlin, Maple Grove, and Mankato to check on development costs. Champlin's home page was built at no cost by a community volunteer. Maple Grove's home page was built and maintained by a college intern at approximately$5,000 cost thru spring of 1996. Mankato's page was built by a private company at a cost of about$3,500. According to Mankato,this was a reduced cost as the vendor is planning to use the Mankato page to help market their service. Based on our discussions with these cities and home page designers,the construction of an Eden Prairie home page would cost anywhere from$1,000 to $10,000 depending on the desired outcome and overall "look" of the home page. The unknown costs from our survey is the staff time or capital needed to maintain the information on the home page. Home pages are only successful if the Information is timely and up-to-date. While the necessary enhancements to our wide area network have been completed, the local area network is still under construction. Therefore, the implementation of Internet E-mail is unavailable until this is completed. What services should your government provide? City staff will have to study and carefully implement electronic mail and full Internet access. Adequate planning and design need to be built into what services we decide to offer. Staff has researched ways to use the Internet connection as a profit making enterprise. The current cost of computer hardware and software and the large amounts of competition would make it difficult to show a profit at this time. Supporting Documentation What Makes the Internet Go? What Services Should Your Government Provide? What makes the Internet go • Software applications drive a computer or computer system. Take away software, and a computer or computer system is an engine without fuel, unable to make anything happen. So it is with the Internet. Seven basic applications exist on the Internet today. When you "surf the `Net,"you are using one or more of these applications. 1.Electronic mail,or e-mail, the most widely used Internet application, allows the exchange of written messages (and docu- ments) between millions of people—anyone with an Internet-capable identification. 2.Network news, often called Usenet Newsgroups, enables users to read and post public, e-mail like messages to a specific discussion topic. These postings range from extremely useful, thoughtful comments or discords to "flames" (in Internet lingo: public and often profane denunciations of another user, usually the poster of the message). 3. Gopher, a very useful Internet application, allows users to scour millions of Internet servers for files on a particular subject. 4.The World-Wide Web(WWW or Web), a new way of presenting and receiving information on the Internet, is capturing the imagina- tions of individuals, organizations and commercial enterprises, and getting the most attention in the popular press. Through WWW, users can call up graphics, enhanced text, voice recordings and video clips from servers on the Internet equipped with specially formatted documents. The opening document on most Web servers is known as the "home page." 5. File transfer protocol (FTP), a technique long used in UNIX (the computer operating system that dominates the Internet world), allows a user to transfer files from an Internet server to his or her server or desktop. 6. Telnet, another standard UNIX application, allows the Internet user to "log on" or access another computer as if he or she were directly connected to that computer. 7.The Wide Area Information Network(WAIS), the last of the "big seven" Internet applications, allows users to conduct complex searches of specially indexed text documents in servers across the Internet. r Reprinted by permission from Surfin'the'Net:A Local Government Guide to Internet Connection,copyright 1995 by Public Technology,Inc. What services ;. should your government Gaya 4%f::1 z Tti; provide? �� With the powerful tools it brings to your desktop, the Internet also presents a bewildering array of options. Electronic mail only. Are you going to provide electronic mail only? Using packaged software, your local government can build a gateway between its e- mail system and the Internet- and decide who shall have rights to Internet mail in the process. A gateway gives your government some protection from unwanted Internet mailings and allows it to keep careful statistics of e-mail use. With a gateway, your city or county can also control whether it accepts and sends or only sends mail. Full internal Internet access. Are you going to allow some or all of your internal users to read network newsgroups and enjoy full interactive Internet access? Keep in mind that your city can configure its Internet connection to define only certain portions of the Internet for staff use.You don't have to give everyone everything. A few basic Internet tools can give government users the ability to find and download files, review home pages, and print material. In newer Internet applica- tions especially, tools often overlap. Public information on the'Net. Are you going to open an Internet "storefront"by setting up your own home page on the World Wide Web, or by maintaining files that can be downloaded using Gopher and FI'P, or by housing and monitoring your newsgroup?Answer"yes" to these questions, and your local government becomes a full-fledged information provider. With that role comes added responsibility. As an informa- tion provider on the Internet, your city commits itself to 24-hour service. Internet users will seek access to your government's information at all hours.t Reprinted by permission from Su rfin'the'Net:A Local Government Guide to mternet Connection copyright 1995 by Public Technology,Inc.