Loading...
HomeMy WebLinkAboutCity Council - 07/02/1996 AGENDA JOINT CITY COUNCIL/HOUSING, TRANSPORTATION & SOCIAL SERVICES BOARD TUESDAY, JULY 2, 1996 6:30 PM, CITY CENTER Heritage Rooms IV 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens BOARD MEMBERS: Ross Thorfinnson, Jr., Patricia Pidcock, Katherine Kardell, Munna Yasiri, Vicki Koenig, Peg DuBord, and Mary Jane Wissner COUNCIL/BOARD STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, HRA Manager David Lindahl, and Recording Secretary Jan Nelson ROLL CALL I. INTRODUCTIONS II. PRESENTATION/STATUS OF WORK PLAN III. IDENTIFICATION OF ISSUES REQUIRING CITY COUNCIL INPUT IV. CITY COUNCIL FEEDBACK AND DIRECTION VI. ADJOURNMENT 1996 Work Plan Housing, Transportation, and Social Services Board (HTSSB) Completion Tasks Description Date Meetings Develop Housing Develop policies/strategies and for meeting Livable Communities goals. Solicit input January 1-2 Policies/Strategies from Park&Rec. Commission,Planning Comm., and Human Rights and Services February before approaching City Council. CDBG Funding Review Consider Funding Requests and make recommendation to Council on use of February 1 Community Development Block Grant funds for 1996/1997 March Prepare Action Plan Prepare Livable Communities Action Plan for submittal to Metro Council. May 1-2 June HOPE Program Determine if any of the current mentor families (volunteers) after completing their one July 1 year commitment will be interested in helping Mary Keating train new volunteers for 1996. As you recall, to help make the Program more cost efficient and"self sufficient" we decided to try to work volunteers into this component of the program. Evaluate Questionnaire Results Once questionnaires are returned and tabulated, the results will need to be evaluated June 1 and developed into a report. Complete RFP/Funding Process Complete the Request for Proposal Process for human service funding in 1997. This July 1 will involve completing the RFP application and developing funding priorities based on survey results. Review RFP's for Funding Review RFP's from Human Service Providers and prepare recommendation for '97 August 1-2 budget. September Volunteer Resource Pool Develop a volunteer resource pool to address various community needs including the Fall 1-3 HOPE Program, staffing the Local Resource Center, and others that the Board identifies through the needs assessment process. Transportation Determine after reviewing questionnaire results if a special transportation service is Fall 1-2 needed. Expand Family Self-Sufficiency FSS should be available to all residents that qualify. Winter 2 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 2, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. COUNCIUSTAFF WORKSHOP HELD TUESDAY, JUNE 18, 1996 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 18, 1996 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION COMMENDING EDEN PRAIRIE COMMUNITY BAND ON THEIR ACCOMPLISHMENTS AND WISHING THEM WELL ON THEIR MUSICAL TOUR C. RESOLUTION APPROVING FINAL PLAT OF VILLAGE KNOLLS 4TH ADDITION (located east of Homeward Hills Road and west of Purgatory Creek) D. RESOLUTION APPROVING FINAL PLAT OF SUNNYBROOK WOODS (located north of Sunnybrook Road and west of Homeward Hills Road) City Council Agenda Tuesday, July 2, 1996 Page Two E. REQUEST FOR R.A.L.F. ACQUISITION OF BOLLIG/JACQUES PROPERTY (Resolution) F. APPROVAL OF SPECIAL ASSESSMENT AGREEMENT WITH MARK RADBOURNE G. RESOLUTION APPROVING AGREEMENT NO. 1 FOR CONSTRUCTION COOPERATIVE AGREEMENT FOR CSAH 18 (South of CSAH 1) H. RESOLUTION AUTHORIZING THE CITY MANAGER TO ACT AS AUTHORIZING OFFICIAL TO EXECUTE THE GRANT AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE METROPOLITAN REGIONAL ARTS COUNCIL V. PUBLIC HEARINGS/MEETINGS A. TOM THUMB GAS PUMPS by Mike Eiker. Request for Zoning District Amendment in the Neighborhood Commercial District on 2 acres, Site Plan Review on 2 acres for construction of an additional gas pump island. Location: Southeast corner of Dell Road and Townline Road (Ordinance for Zoning District Amendment) B. MITCHELL VILLAGE by Centex Homes. Request for Planned Unit Development Concept Review on 41 acres and Planned Unit Development District Review on 19.65 acres, Zoning District Change and Site Plan Review on 19.65 acres, Preliminary Plat of 41 acres into 21 lots and 5 outlots and road right-of-way. Location: Anderson Lakes Parkway and Mitchell Road (Ordinance for PUD District Review and Zoning District Change, Resolution for PUD Concept Review and Resolution for Preliminary Plat) C. HARTFORD AREA ONE RETAIL 1996 by Ryan Construction Company of Minnesota. Request for Planned Unit Development Concept Amendment on 24.43 acres, Planned Unit Development District Review on 1.27 acres, Zoning District Amendment in the Commercial Regional Service District on 1.27 acres, Site Plan Review on 1.27 acres and Preliminary Plat of 4.43 acres into 2 lots. Location: Prairie Center Drive and Prairie Lakes Drive (Ordinance for PUD District Review and Zoning District Amendment, Resolution for PUD Concept Amendment and Resolution for Preliminary Plat) D. PURGATORY CREEK ESTATES (1996) by Barry and Brian Post. Request for Preliminary Plat on 4.98 acres into 7 lots. Location: 12381 Sunnybrook Road (Resolution for Preliminary Plat) City Council Agenda Tuesday, July 2, 1996 Page Three E. EDEN PRAIRIE RETAIL (OFFICE DEPOT) by CSM Corporation. Request for Comprehensive Guide Plan Change from Public to Regional Commercial, Zoning District Change from Public to Commercial Regional Service, Site Plan Review and Preliminary Plat on 4.47 acres. Location: Leona Road and Hwy 169 (Resolution for Comprehensive Guide Plan Change, Ordinance for Zoning District Change, and Resolution for Preliminary Plat) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HOUSING, TRANSPORTATION & SOCIAL SERVICES BOARD - LIVABLE COMMUNITIES ACTION PLAN X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Update on Negotiations for Renewal of Cable TV Franchise 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 finn UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 18, 1996 6:30 p.m. CITY CENTER COUNCIL/STAFF WORKSHOP Heritage Room IV, 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Councilmembers Ronald Case, Patricia Pidcock, Ross Thorfinnson, and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl Jullie, Assistant City Manager Chris Enger, City Attorney Roger Pauly, Division Commander of Technical Support Gary Therkelsen, Director of Public Works Gene Dietz, Director of Assessing and MIS Steve Sinell, Communications Coordinator Terry Kuchera, and Recording Secretary Barbara Anderson PRESENTER: Legal Consultant Adrian Herbst, Fredrikson & Byron, P.A. and Administrator of Southwest Suburban Cable Commission I. CALL TO ORDER The meeting began at 6:45 p.m. II. PRESENTATION BY ADRIANIIERBST Herbst discussed the 1996 Telecommunications Act and its purpose which is to make competition more open and part of the market field between various telecommunications companies. This legislation will affect municipal zoning codes, as the federal law preempts the jurisdiction of municipalities to restrict certain types of telecommunication devices, but allows for cities to regulate placement of facilities along with other zoning features. Telecommunications wiring placed in the right-of-way along streets and highways will still come under State and local authority to manage and control, and the legislation gives State and local governments the authority to charge for the use of right-of- way on a reasonable, competitively neutral and non-discriminatory basis. Right-of-way regulation is subject to FCC oversight, and local zoning controls will apply regarding placement of such facilities as satellite dishes and antenna towers, but these guidelines will be subject to the guidelines established by the FCC. Herbst explained the differences between wired services and non-wired services, and discussed the differences between the cellular telephone systems we presently have versus the relatively new personal communication services (PCS), which will be appearing more and more frequently. These personal communication services operate in a much lower frequency spectrum than cellular telephone services, which requires that the transmission dishes be closer together. CITY COUNCIL WORK SESSION MINUTES June 18, 1996 Page 2 Many cities are doing propagation studies to determine suitable sites for location of transmission cells. The zoning codes are then modified to reflect the suitable sites which can be rented to the PCS distributors which makes it possible for them to implement their business within the city. PCS are a series of transmitters and microwave receivers, which can be three to four feet in diameter, and are located at distances of one mile apart to provide adequate coverage for a particular area. As usage increases, so will the number of the receivers. Herbst discussed the document structure which may be required in order for a city to develop and implement a telecommunications ordinance. These might include such items as a regulatory ordinance, a franchise agreement, a license agreement, franchise fee schedule, approval and revocation process, oversight and administration, and community need requirements. Some municipalities have adopted moratoriums which allow them time to review their needs and determine what types of services will work best in their communities. Harris commented that to develop a community needs assessment would be difficult because the technology was changing so rapidly. Herbst concurred this was very difficult to do because the general public was usually not aware of the technology which was available. Cities have been using informed citizens who are formed into focus groups to study the options which are available and make recommendations to the City. Discussion ensued regarding what means could be implemented to keep the "playing field" level for companies who wished to participate. Concern was expressed that the State might also enact legislation similar to the 1996 Telecommunications Act in order to establish a greater degree of uniformity throughout Minnesota. The State has enacted legislation which controls franchises in other areas and establishes uniform guidelines for all municipalities. Adjacent communities should work together to determine fees and perhaps develop a reciprocal method whereby both communities would benefit from services placed along joint boundaries. Mayor Harris thanked Mr. Herbst for his presentation and the information and requested that staff bring this item back on another agenda or schedule another workshop. III. ADJOURNMENT The meeting adjourned at 7:28 p.m. 2 Thmi8 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 18, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Juffie, Assistant City Manager Chris Enger, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Barb Anderson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock commented she believed mention of the presentation on telecommunication ordinance was in order to get the process started moving forward. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM III. MINUTES A. COUNCIL/STAFF WORKSHOP HELD TUESDAY, MAY 28, 1996 MOTION: Tyra-Lukens moved, seconded by Case, to approve the Minutes of the City Council/Staff Workshop held Tuesday, May 28, 1996 as submitted. Motion carried, with Thorfinnson abstaining. B. JOINT CITY COUNCIL/HUMAN RIGHTS & DIVERSITY COMMISSION MEETING HELD TUESDAY, JUNE 4, 1996 MOTION: Thorfinnson moved, seconded by Case, to approve the Minutes of the Joint City Council/Human Rights &Diversity Commission meeting held Tuesday, June 4, 1996 as submitted. Motion carried with Pidcock abstaining. C. CITY COUNCIL MEETING HELD TUESDAY, JUNE 4, 1996 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Minutes of the City Council meeting held Tuesday, June 4, 1996, as submitted. Motion carried unanimously. CITY COUNCIL MINUTES June 18, 1996 Page 2 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE PRESBYTERIAN CHURCH by Eden Prairie Presbyterian Church. 2nd Reading of Ordinance 26-06 for Zoning District Change from Rural to Public on 12.18 acres; Adoption of a Site Plan Review on 12. 18 acres and Approval of a Developer's Agreement for Eden Prairie Presbyterian Church by Eden Prairie Presbyterian Church. Location: Pioneer Trail and County Road 4. (Ordinance 26-96 for Zoning District Change and Resolution 96-03 for Site Plan Review) C. INCREASE IN 1996 CDBG ENTITLEMENT Approve assigning $7,350 in additional 1996 Community Development Block Grant (CDBG) funds to the scattered site rental housing activity approved by the City Council March 12, 1996. D. RESOLUTION 96-94 APPROVING FINAL PLAT OF LAKEVIEW OFFICE CENTER (located south of West 78th Street) E. RESOLUTION 96-95 APPROVING FINAL PLAT OF SHORES OF MITCHELL LAKE 4TH ADDITION (located west of Mitchell Lake) F. RESOLUTION 96-96 APPROVING PLANS AND SPECIFICATIONS FOR DELL ROAD FROM LINWOOD COURT TO 520 FEET SOUTH OF SCENIC HEIGHTS ROAD, I.C. 96-5420 G. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT WITHIN THE MnTX BUSINESS CAMPUS H. REQUEST FOR GRADING PERMIT FROM GREG GEISLER, 8899 HIDDEN OAKS DRIVE, TO CONSTRUCT BERM MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve items A-H on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. STARING LAKE TOWNHOMES by Pulte Master Builders. Request for Comprehensive Guide Plan Change from Low Density, Medium Density, and High Density and Office to Medium and High Density Residential and Office on 88.5 acres, Zoning District Change from Rural to RM-6.5 and RM-2.5 on 38.5 acres, Planned Unit Development Concept Review on 88.5 acres, Planned Unit Development District Review on 38.5 acres, Site Plan Review on 38.5 acres, Preliminary Plat of 38.5 acres into 394 lots, and EAW review. Location: Anderson Lakes Parkway and HWY. 169. (Resolution for Comprehensive Guide Plan Change, Ordinance for Zoning District Change from Rural to CITY COUNCIL MINUTES June 18, 1996 Page 3 RM-6.5 and RM-2.5 and PUD District Review, Resolution for PUD Concept Review, Resolution for Preliminary Plat) Continued from May 7 and June 4, 1996 Council meetings) Jullie stated the developer requested this item be continued until the July 16, 1996 agenda. MOTION: Case moved, seconded by Pidcock, that this Hearing be continued to July 16, 1996 as per the written request from Pulte Homes dated June 11, 1996. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, Case seconded, to approve the Payment of Claims as submitted. Motion carried on a Roll Call Vote, with Case, Thorfinnson, Tyra-Lukens and Harris voting "aye". VII. ORDINANCE.&AND_RESGI,I TTONS. VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. ARTS COMNIISSION- Appointment to fill a vacancy on the Arts Commission for a term to expire March 31, 1998 Thorfinnson moved, Tyra-Lukens seconded, to nominate Harry Gerrish to the Arts Commission. Pidcock moved, Case seconded, to nominate Patricia Vagnoni to the Arts Commission. MOTION: Pidcock moved, Case seconded, to close the nominations. Motion carried unanimously. MOTION: Pidcock moved, Thorfinnson seconded, to appoint Harry Gerrish to fill the vacancy on the Arts Commission, for a term to expire March 31, 1998. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Harris briefly described the meeting held prior to the Council Meeting that evening regarding the development of a telecommunications ordinance. Pidcock 5 CITY COUNCIL MINUTES June 18, 1996 Page 4 commented that staff should begin preparing a telecommunications ordinance to be presented to the City Council. Case stated that perhaps an assessment of needs rather than another workshop would be a good idea. Mayor Harris and Pidcock volunteered to serve on a task force to address this issue and work at identification of the needs of the City. MOTION: Case moved, Thorfinnson seconded, to appoint Mayor Harris and Councilmember Pidcock to work with staff to work out the parameters of how the 1996 Telecommunications Act will affect Eden Prairie and how to approach this issue. Motion carried unanimously. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Authorization to Engage Professional Architectural Services to Design Liquor Store No. 4, and Order Preparation of Plans and Specifications Enger reviewed the staff report and recommended that the Council authorize staff to engage architectural services and order preparation of plans for Liquor Store No. 4. MOTION: Pidcock moved, Tyra-Lukens seconded, to authorize staff to engage the professional architectural services of Michael J. Wilkus to design Liquor Store No. 4, and order preparation of plans and specifications. Motion carried unanimously. E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, Thorfinnson seconded, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 7:51 p.m. • CITY COUNCIL AGENDA DATE: aCart 7-2-96 rrdirla SECTION: CONSENT CALENDAR • 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.) -HEATING & VENTILATING Great Lakes Aircraft, Inc. Countryside Refrigeration & Htg. Haymaker Construction, Inc. Harris Air Systems Company Moore & Moore General Contractors R.C.I . Mechanical ON SALE & SUNDAY LIQUOR PLUMBING 'Bearpath Golf & Country Club The Plumbing Place, Inc. R.C.I. Mechanical CIGARETTE Symington Plumbing Bearpath Golf & Country Club Action/Direction. • . 7-2-96 page 1 CITY COUNCIL AGENDA DATE: 7/2/96 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Clerk's License Application IVA BACKGROUND Application was made for on-sale intoxicating liquor, Sunday sales, and tobacco licenses on 5/3/96, by Charles J. Pappas on behalf of Bearpath Golf& Country Club Inc., 18100 Bearpath Tr, Eden Prairie. The corporate officers, principal owners, and liquor manager are: • John Herbert Hankinson • John David Raichert • Rodney Danforth Hardy • Bruce Gregory Nimmer • Brian Wayne Gensmer • Wayne Eldon Gensmer • Michael Robert Menne (liquor manager) RECOMMENDATION As of this date a vast majority of the investigation has been completed. To this point, there has been nothing discovered which would indicate a reason to recommend a denial. It is recommended that the license be approved contingent upon the satisfactory completion of the remaining background investigation. INFORMATION SUPPLIED BY: Lieutenant Michael T. Bosacker Division Commander, Investigative Operations Police Department. (June 25, 1996) EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6/26/96 ITEM NO SECTION: Consent Calendar aye DEPARTMENT: Parks, ITEM DESCRIPTION: Resolution Commending the Community Band Recreation and Facilities Background: The Eden Prairie Community Band was started under the Parks and Recreation Program in 1973, when Em Stark learned there was a provision in the State statutes allowing communities to appropriate funds for a community band. The original band met only in the summer. Since the mid-1980's the band has met year round, and has grown both in participants and reputation. The band was asked to participate in Austria's Millennium Celebration. The 30 plus members going to Austria have raised their own funds for the trip. Action: Pass the resolution"Commending the Community Band on their accomplishments and wishing them well on their musical tour". 1 air 1„.‘ RESOLUTION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the Eden Prairie Community Band was organized in 1973 and has been entertaining residents of Eden Prairie and the region with their excellent music for the past twenty three years, and WHEREAS, the Eden Prairie Community Band will represent the State of Minnesota in the"American Salute to Austria", honoring the Austrian Millennium, and WHEREAS, Eden Prairie Community Band was nominated by other Minnesota band - personnel, and was accepted by Music Celebrations International through audition tape and video to be Minnesota's representative, and WHEREAS, the tour group, traveling under the name"Prairie Winds", is self-funded, and will be performing a totally American Music Program from July 9 through 22, 1996 with concerts in Vienna, Austria; Budapest, Hungary; Graz, Austria; Salzburg, Austria; and Innsbruck, Austria, and NOW, THEREFORE, BE IT RESOLVED, that the Eden Prairie City Council commends the Eden Prairie Community Band on their accomplishments and wishes them well on their musical tour. ADOPTED by the Eden Prairie City Council on this 2nd day of July, 1996. IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie. Jean L. Harris, Mayor on behalf of Council members: Ron Case Patricia Pidcock Ross Thorfinnson, Jr. Nancy Tyra-Lukens • ( r .101 DATE: 07/02/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: .1]Z C SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Village Knolls 4th Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Village Knolls 4th Addition subject to the following conditions: • Receipt of engineering fee in the amount of$250 • Receipt of street lighting fee in the amount of $748 • Receipt of street sign fee in the amount of$275 • The requirements of the Developer's Agreement Background: This proposal is the final phase of the Village Knolls project located east of Homeward Hills Road and south of Purgatory Creek. The plat consists of five single family lots and right-of-way dedication for street purposes. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed May 4, 1993. J7:ssa cc: Hustad Development Corporation Hedlund Engineering cc: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF VILLAGE KNOLLS 4TH ADDITION WHEREAS, the plat of Village Knolls 4th 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 Village Knolls 4th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 24, 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 July 2, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk _ d2 VILLAGE KNOLLS 4TH ADDITION I L2,189°36'03"E <• 180. 00 S00° 3 66 `, -,� 2 r- M ,- - '20 0p '57'f t- I I St96 ;-- \ s o N I 25 I `? 12.45° y> \ 3p �s> w _ \ �.» • � I :! ) \ d , I \ � �✓ .,` , E � L _ N83 _ _+, co c' (_1 1 \ 30 0� i 214.81 \ LL I W r -- r_ I ":--1' 2 r, / /" 1 /1 , a / \ /1 o M I �- I `, a / L� CAD"' 4),/ / \ o tri N- _ o i v tSP; 25 1 \c) ,' p"�// /ah tri eA co to (,' D / / w d_— ; p=I74° 0r - / / ) ''' l CI— O Z, i L' 6 4, 512•/ / M — — / / c)1 3 N Co Cr) ;o �.50. Op los�. 1 ��; 25. 00-� RN89° •'03"E I£R o ;A� ` •."i. I I ' F- --� ti L°D N89°36'03"E J t".. L J 25. 00 Q68. 29 00� ea 0 s R=55 h°/•e C IR. ti �'��, l08. 04 \ �s� .f- C.,, 6 9Z 'L Z a1 , s ` ' b�3 6 \ `5 '/k1 I L L=39. 15 - Z 0• > >, Li_ A=40° i2'41" n \�o d=3q°�2 66 \ F co S 39° � o r1=72• 03 •�/,\\ / %-I w ai d,g2° 32' 13 f 9� cry o � I Z i �1 4 // � �L tL, 0 `L c = 25 1 WI / '� �cu0 1 �I / 'ti to o _I1. o Z 1 5 ?,11 M / 0 -' I . I oI / �? o ¢ o OD a L 1 L qu, o I 2 I N89°36'03"E //��,`ti _L - �i38. 60 L 64_40 v, S89°36'03"W 203. 00 .- 66 , �. \ ,� t _ \ r \ I c r, I t U ' •) 3 ` inumont I �_ DATE: 07/02/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: ,D. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Sunnybrook Woods Jeffrey Johnson Recommended Action: • Staff recommends that the City Council adopt the resolution approving the final plat of Sunnybrook Woods subject to the following items: • Receipt of engineering fee in the amount of$280 • Receipt of street lighting fee in the amount of$1,497 • Receipt of street sign fee in the amount of$410 • Receipt of conservation easement documents and revision of plat to include conservation easement shown as a drainage easement • Revision of proposed street name "Sunnybrook Circle", as it conflicts with existing street names Background: Steven Kroiss is developing this property, located north of Sunnybrook Road and west of Homeward Hills Road, into a single family subdivision consisting of seven single family lots, street right-of-way and one outlot. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed February 20, 1996. JJ:ssa cc: Steven Kroiss Frank Cardarelle CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SUNNYBROOK WOODS WHEREAS, the plat of Sunnybrook Woods has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Sunnybrook Woods is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 25, 1996. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on July 2, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk • 9 lE - I—'• • t se 6 Z I .—}1 `_ ' is XI -ice .a' 1-- 4 l 31 ^AO i '4 I AA I 1 IaI _ .H.... • :.. pry_ _y 2 9 .� -- r x Cl) I ,ER 3dR IS_ _$x 1 a : R F'!x�). . , de'•= ,.a'— — z I a ' •"'"3"*"*."3 3 I V '':".. ` —dam,.'„ , rg'' . j ,:: t:;;r•; dx .......... 9 r O ;.a 0 v CD • i! 3l iii lit' 17i EEii-{ I!E is iE ' i ' 1 �i i NIP: }ail 13 1Ftii �a i ii II _f '�e} • 1 i,t i i i f it iii iiil :i' r.ii. :iii1 i- iE i 'ij I ii[f. [1E via! Ili , '' E I. ip Pli .191 i. ' is is if ig ,i ;4 I ' 'Ili f ' } ! •1 1t 4 r' !: I EF 3 I r:iii Alf a :1 e. s. :3 '" Al f13p i 01 i' LE-'i r{. i' it ig.! fi i'i; f r ` II l ! 'i�, `-t iiIs 1 � 1 Ii ' if , licl. 3 - 1 : i - . 1 1 : , , • . ' 1p !: :3 r i ; t , 3 ' 3 i°}ls !3 ;. ifil 1, ! 7 li !1 q !_ i. ,iir y , i Zr if i A c 1 i i 1 l 3 �� 3r•'r i • . [E a: .i r2 l I : • i i; = I. i r' 'iif j: I i t° ii, ii Co I t ifi-f • ' it i' i [t IL 11 f, I i li i[� i 1 ! ii ' 3, _ SS i , !E,: ,• [}}, 1 .i i it s ffi o S i EEii i • it e ' i i i ! , ail i :i=� 1 E E '4 i f i r { i}� r Ei`i i i t €; i + i i: 1 i 1 1 I 3. A 3 S DATE: 07/02/96 EDEN PRAIRIE CITY COUNCIL AGENDA �� ITEM NO: _J-1l•E SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Divisia ler Request for R.A.L.F. Acquisition of Bollig/Jacques Property Eugene A. Dietz/ . Requested Action: City Council is requested to authorize the.Director of Public Works to make application to acquire property owned by the Bollig and Jacques families using Metropolitan Council funding known as Right-of-Way Acquisition Loan Fund (R.A.L.F.). Overview: The Bollig and Jacques families own approximately 77 acres of land impacted by the TH 212 corridor. The entire land area is not necessary for TH 212. However, the combination of the corridor needs, Rice Marsh Lake, wetlands and access to any remanent make it likely that this will be a total acquisition. This will be evaluated during the acquisition process. With this resolution, the City Council will have authorized proceeding with the R.A.L.F. process on all of the parcels west of CSAH 4 that are not otherwise being pursued directly by MnDOT. In the attached letter that requests this action, it is noted that the owners recognize that there are fund limitations with the R.A.L.F. program and that it could be 1997 or beyond before the acquisition could actually occur. However, they do desire to initiate the process. Financial Issues: The R.A.L.F. program provides for an interest free loan to the City to make these acquisitions. Except for staff time, the process provides for full reimbursement of the purchase price along with attorney and appraisal fees, etc. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. TH 212 ADVANCE ACQUISITION BOLLIG/JACQUES PROPERTY (SOUTH HALF SECTION 18, TOWNSHIP 116, RANGE 22) WHEREAS, the City of Eden Prairie has adopted an official map for the proposed construction of Trunk Highway 212; WHEREAS, certain unplatted land owned by Beverly and Kenneth Bollig and Duane and Gloria Jacques is within the proposed TH 212 corridor; WHEREAS, said parcel of land contains approximately 77 acres; WHEREAS, the owners represent themselves as willing sellers in lieu of developing the property; and WHEREAS, the Metropolitan Council administrates a funding mechanism (Right-of-Way Acquisition Loan Fund) to avert imminent conversion of developable property. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Director of Public Works be directed to submit an application to the Metropolitan Council for the purpose of acquiring the parcel in accordance with the Advance Acquisition and Loan procedures. FURTHERMORE, the Metropolitan Council is hereby requested to approve the use of Right-of- Way Acquisition Loan Funds for use in acquisition of said property. ADOPTED by the Eden Prairie City Council on July 2, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 2 THORFINNSON, LUCAS & OLSON, P.A. A PROFESSIONAL ASSOCIATION OF ATTORNEYS THOMAS M.THORFINNSON SUITE 400 HOWARD E.HARVEY WILLIAM L.LUCAS 6640 SHADY OAK ROAD IRETIREO) JEFFREY H.OLSON• EDEN PRAIRIE. MN 55344.3296 LORRAINE TESLOW OF COUNSEL TELEPHONE (612)941-1040 LEGAL ASSISTANT BOSS L.THORFINNSON TELECOPIER (612)941-8942 May 16, 1996 Gene Dietz 8080 Mitchell Road Eden Prairie MN 55344 Re: Parcels owned by Bolligs and Jacques Dear Gene: Please accept this letter as a formal request on behalf of my clients for their property to be evaluated under the R.O.W.L.A.F. procedure. • My clients own approximately 77 acres located at the intersection of Dell Road and the proposed Highway 212, adjacent to and to the north of the Bearpath development. By signing below, my clients consent to the commencement of the Right-of-Way Loan Acquisition Fund procedure for the possible acquisition by the City of Eden Prairie of the 77 acres. My clients understand that the limitation on funds available may delay any acquisition until 1997 or beyond. Please direct all correspondence and communication relative to the process to me at my office. Sincerely, TH NN N CA & LSON Th s M. Thor ' nnson Consented to by the undersigned owners of real property in Eden Prairie this 16th day of May 1996. e rly Bo g Kenneth Bollig Duane Jacq es Gloria Jacques •LICENSED IN WISCONSIN DATE: 07/02/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: V.F. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Special Assessment Agreement between the City of Eden Prairie and Mark Jim Richardson Radbourne Recommended Action: • Recommend reassessing special assessments at $19,000.00 and spread over 18 years at 8% interest. Primary Issues: The City has worked with different individuals over the past years to make it feasible to build on certain lots with building difficulties. This lot has soil problems and a high water table. Financial Issues: The existing special assessment and interest penalty made this lot undesirable to develop. In reassessing the special assessments and agreeing to the soil correction cost the City proposes to make this lot valuable. SSA:96-03 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS DAY OF , 1996 between the City of Eden Prairie, a municipal corporation, (the "City") and Mark Radbourne, an individual, (the "Owner"). A. The Owner holds legal and equitable title to property described as: Lot 3, Block 2, Maple Leaf Acres 9th Addition, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner has purchased a tax forfeiture lot and desires to improve the lot by way of soil correction (removal of unsolidifying soil and bringing in load bearing soil). The property had been previously assessed for sewer, water and street improvements. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The City and the Owner agree on an amount of reassessment of improvements in consideration of soil corrections. The amount to be reassessed is $19,000.00, spread over 18 years at 8% interest per annum. 2. The City's records state agreement or assessment for the Property will show the assessment as a "pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements which have been constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has be virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 2 MARK RADBOURNE CITY OF EDEN PRAIRIE A Minnesota Municipal BY: BY: Mark Radbourne Jean L. Harris • Owner Its Mayor BY: Carl J. Jullie Its City Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1996, by Jean L. Harris, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1996, by Mark Radbourne. Notary Public 3 DATE: 07/02/96 EDEN PRAIRIE CITY COUNCIL AGENDA - ITEM NO: SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 52-175 Engineering Division Approve Amendment No. 1 to Construction Cooperative Agreement for Rodney W. Rue CSAH 18 (from Minnesota River to CSAH 1) Recommended Action: Adopt resolution approving Amendment No. 1 to Construction Cooperative Agreement No. PW38-49-93 for CSAH 18 from the Minnesota River to CSAH 1. Primary Issues: • This agreement modifies our design costs for the watermain work associated with this project. The City performed most of the basic watermain design with the County's consultant doing some revisions and tabulations. • Financial Issues: This agreement results in a decrease of approximately $8,400 in our watermain design fee from the original construction cooperative agreement. We hereby recommend approval of Amendment No. 1 to Construction Cooperative Agreement No. PW38-49-93. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. AMENDMENT TO CONSTRUCTION COOPERATIVE AGREEMENT FOR CSAH 18 BETWEEN THE MINNESOTA RIVER BRIDGE AND CSAH 1 (PIONEER TRAIL) (LC. 52-175) WHEREAS, the Hennepin County Department of Public Works has prepared an amendment to the original construction cooperative agreement for the construction of CSAH 18 between the Minnesota River Bridge and CSAH 1 (Pioneer Trail) along the corporate boundaries of the City of Eden Prairie and the City of Bloomington; WHEREAS, the City of Eden Prairie has approved said original construction cooperative agreement for the improvement of CSAH 18; WHEREAS, the amendment to the construction cooperative agreement modifies our financial obligations for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said Amendment No. 1 to Construction Cooperative Agreement No. PW38-49-93 for State Project No. 27-618-64, 27-618-65, 27-618-66 and 70-618-27 (also known as County Project No. 6816-Stage 3) is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on July 2, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 2 Amendment No. 1 to Agreement No. PW 38-49-93 County Project No. 6816 County State Aid Highway No. 18 City of Eden Prairie City of Bloomington County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT, Made and entered into this day of 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Eden Prairie" and the City of Bloomington, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Bloomington"; the two cities hereinafter referred to collectively as the "Cities". WITNESSETH: WHEREAS, There exists in full force and effect Agreement No. PW 38-49-93, dated September 28, 1993 between the County and the Cities for the improvement of that portion of County State Aid Highway No. (CSAH) 18 between 0.7 mile northeast of the junction of Trunk Highway 101 and CSAH 18 in Shakopee and 0.2 mile north of West 102nd Street in Bloomington and Eden Prairie (Engineer's Stations NB CSAH 18 Sta. 257+18 and NB CSAH 18 Sta. 346+00) known and identified as State Project No. 27-618-64, 27-618-65, 27-618-66 and 70-618-27 (also commonly known as County Project No. 6816 - Stage 3) , hereinafter referred to as the "Project"; and WHEREAS, Said Project includes the installation of new watermain for Eden Prairie; and WHEREAS, The design for said new watermain improvements was developed through a collaborative effort between Eden Prairie and the consulting engineering firm of Strgar-Roscoe-Fausch, Inc. (now d.b.a. SRF Consulting Group, Inc.) , hereinafter referred to as the "County's consultant" which was hired by the County to prepare the design documents for said Project; and 3 Amendment No. 1 to Agreement No. PW 38-49-93 CSAH 18; C.P. 6816 WHEREAS, Agreement No. PW 38-49-93 obligates Eden Prairie to reimburse the County for all preliminary engineering costs at an amount equal to eight (8) percent of Eden Prairie's proportionate contract construction costs and does not provide a credit for any engineering costs incurred by Eden Prairie for design work provided to the County's consultant by Eden Prairie; and WHEREAS, Upon the County's request the County's consultant has determined that the costs of the watermain associated design services provided by them on the Project is $6,000, as evidenced in their memo dated April 8, 1996; a copy of which is attached hereto (marked Exhibit "A") and by this reference made a part hereof; and WHEREAS, Eden Prairie has requested that the amount of their reimbursement to the County for preliminary engineering costs associated with the watermain designs be reduced to account for internal costs previously incurred by Eden Prairie; and WHEREAS, The County concurs with Eden Prairie's request and is willing to reduce Eden Prairie's share in the Project preliminary engineering costs previously agreed to in Agreement No. PW 38-49-93; and WHEREAS, The parties hereto, therefore, desire to amend said Agreement No. PW 38-49-93 as hereinafter set forth: NOW THEREFORE, IT IS HEREBY AGREED: I The following is hereby added to the end of Article VI: The above provisions shall not apply for computing the reimbursement to the County by Eden Prairie for the preliminary engineering costs associated with the new watermain installations. Eden Prairie hereby agrees to pay to the County a lump sum amount of Six Thousand Six Hundred Dollars and No Cents ($6,600.00) as reimbursement for all preliminary engineering costs incurred by the County, including those paid to its agent, for the preparation of all design documents necessary for the construction of new water distribution system improvements on said Project within Eden Prairie. It is understood and Amendment No. 1 to Agreement No. PW 38-49-93 CSAH 18; C.P. 6816 agreed that said lump sum amount represents the amount the County paid to its consultant plus an additional 10% to cover the costs of coordination and administration activities performed by County personnel . It is further understood and agreed that said lump sum amount shall not be subject to change. The provisions of the first paragraph of this Article shall apply for computing Eden Prairie's proportionate share of all other preliminary engineering costs to be reimbursed to the County. II Exhibit "B" of said Agreement No. PW 38-49-93 is hereby revised as shown in Exhibit "B" attached hereto and by this reference made a part hereof. III Except as provided herein, all terms and conditions in said Agreement No. WP 38-49-93 shall remain in full force and effect. S Amendment No. 1 to Agreement No. PW 38-49-93 CSAH 18; C.P. 6816 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: • Manager Date: CITY OF BLOOMINGTON (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPRq ED �STO FOR��� And: Associate/County Administrator By: ; t Date: A�sistant aunt Attorn y And: Date: // 1� ;, �S Director, Department of Public Works f and County Engineer Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Transportation Division Engineer Date: Date: MConsulting Group , Inc . Transportation • Civil • Structural • Environmental • Planning ■ Traffic • Landscape Architecture • Parking SRF No. 0901433.4 MEMORANDUM TO: Bruce Polaczyk, P.E., Design Engineer Hennepin County FROM: S. Rick Brown, P.E. e Senior Associate DATE: April 8, 1996 SUBJECT: CSAH 18 - MINNESOTA RIVER CROSSING STAGE 3 - SP 27-618-64, ETC. EDEN PRAIRIE WATERMAIN DESIGN COSTS As you requested, we have reviewed our records relating to design costs incurred by Hennepin County for municipal watermain and sanitary sewer design in the Eden Prairie portion of the referenced project. Our review covered the period from April, 1991 through May, 1994. Results are based on a reconstruction of events from documentation in our files, including: • Letters • Memos • Records of Meetings • Records of Telephone Conversations • Transmittals • Design and Quantity Documentation books • Construction Plans • Project invoices • Employee time records We have identified hours associated with the various events and have assigned costs based on the appropriate hourly personnel rates and overhead factors in effect for each month of the review period. While we have attempted to identify all appropriate costs, the total amount should be considered as the "closest possible approximation" rather than as an exact fixed number. R`C` L`J SRF Consulting Group, Inc. One Carlson Parkway North, Suite 150, Minneapolis, Minnesota 55447-4443 LPR 1 27,3 Telephone (612) 475-0010 • Fax (612) 475-2429 :..tarn Ccury I An Equal Opportunity Employer Amendment No. 1 to Hennepin County Agreement No. PW 38-49-93 Exhibit "A"; Sheet 1 of 2 7 / - - Bruce Polaczyk, P.E. - 2 - April 8, 1996 Based on the above, we have identified the total cost billed to Hennepin County by - SRF for Eden Prairie watermain and sanitary sewer work associated with SP 27-618-64 to be approximately $6,000. We understand some question existed as to whether SRF had billed the City of Eden Prairie separately for any of this work. Such an arrangement was discussed at one time, and a proposal letter was sent by SRF to the City on October 17, 1991. - Eventually, however, it was decided not to pursue this arrangement. SRF did not bill the City directly for any work associated with SP 27-618-64. Briefly, the work performed by SRF is summarized as follows: • Coordinate with City and County • Prepare mylar base sheets for City use (City did design and drafting of watermain) • Review completed sheets and work with City staff to resolve inconsistencies in watermain design. • Perform drafting of revisions to sheets • Prepare watermain items tabulation as required for Federal Aid plan • Prepare and coordinate "Public Interest" letter regarding use of proprietary fire hydrant specification • Prepare Special Provisions Division WM in format acceptable for Federal Aid project, based on data provided by City. • Revise watermain items tabulation and Special Provisions WM, after City specifications were changed during the review process. • Revise watermain plans and tabulations as required due to Riverview Road alignment shift. If there are any questions, please call us. SRB/smf 1 Amendment No. 1 to Hennepin County Agreement No. PW 38-49-93 Exhibit "A"; Sheet 2 of 2 i HENNEPIN COUNTY RECEIVABLES DETAIL COST ESTIMATE (REVISED) EDEN PRAIRIE BLOOMINGTON WATERMAIN CONSTRUCTION 100 187,928.00 0 - STORM SEWER(1) 6.87 57.364.64 1.42 11,857.03 SUBTOTAL 245,292.64 11,857.03 DESIGN ENGINEERING WATERMAIN (2) 6,600.00 - STORM SEWER (8%) 4,589.17 948.56 10% CONSTRUCTION ENGR. 24,529.26 1.185.70 TOTAL $281,011.07 $13,991.29 (1) REMAINING PERCENTAGES TO BE FUNDED WITH FEDERAL, STATE AND COUNTY STATE AID FUNDS. (2) LUMP SUM FEE NOT SUBJECT TO CHANGE Amendment No. 1 to Hennepin County Agreement No. PW 38-49-93 Exhibit "B"; Sheet 1 of 1 .4vF,v EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6/26/96 ITEM NO.-ry SECTION: Consent Calendar 'r DEPARTMENT: Parks, ITEM DESCRIPTION: Resolution authorizing City Manager Carl Jullie Recreation and Facilities to act as the Authorizing Official to execute the grant agreement between the City of Eden Prairie and the Metropolitan Regional Arts Council Background: The Eden Prairie Community Band is the recent recipient of a$2000 grant from the Metropolitan Regional Arts Council (MRAC)and the Bloomington Arts Center. The funds are through an appropriation from the Minnesota Legislature. Thirty-six groups applied for up to $2000 apiece. Twelve grants were awarded. The grant was requested to: "Support the season of concerts of the Eden Prairie Community Band" These funds will be used to support the fees for the conductor and music director,Em Stark. The funds must be matched by the city. We will be using the funds already budgeted to purchase music and instruments for the band as our match. Action: The MRAC and Bloomington Arts Council requires the governing body of the applicant to pass a resolution identifying an individual to act as the Authorizing Official. The Authorizing Official can apply for, sign and execute a grant agreement on behalf of the grantee organization. The Authorizing Official is responsible for the completion of the project as proposed and the adherence to the terms of the Grant Agreement. A copy of the resolution is attached. 1 Metropolitan Regional Arts Council 1996 Small Grants Program AUTHORIZING RESOLUTION of Eden Prairie Community Band The Metropolitan Regional Arts Council (MRAC) and Bloomington Art Center requires the governing body of applicant/grantee organizations to pass a resolution identifying an individual to act as the Authorizing Official. As Authorizing Official,the individual can apply for, sign, and execute a grant agreement on behalf of the applicant/grantee organization. By signing this Authorizing Resolution, the governing body confirms its interest in receiving funding from Bloomington Art Center to carry out the project as identified in Exhibit A (a copy of grantee's - application) of the Grant Agreement, and its knowledge of the terms and stipulations of the Grant Agreement. The Authorizing Official is responsible for the completion of the project as proposed and the adherence to the terms of the Grant Agreement. The governing body of Eden Prairie Community Band authorizes the following individual to apply for and execute the Small Grants Community Arts Grant on behalf of Eden Prairie Community Band with the Bloomington Art Center and Metropolitan Regional Arts Council. Name of Authorizing Official: Please print or type Title Resolution Adopted this day of month year Secretary Chair/President Notes: * A copy of the grantee's application is attached to each copy of the Grant Agreement as Exhibit A. Please leave this attached-it is part of the grant agreement. * The Authorizing Official named above must sign both copies of the Grant Agreement AND the Request for Payment Form. * For some organizations, the by-laws designate someone to enter into contracts for the organization, or the board has a standing resolution to that effect. Either of these may be substituted for this Authorizing Resolution Form. 2 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: July 2, 1996 SECTION: PUBLIC HEARINGS (� ITEM NO. V 1/- A- DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger TOM THUMB GAS PUMPS Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Zoning District Amendment in the Neighborhood Commercial District on 2 acres; Background: At its June 17, 1996 meeting, the Planning Commission unanimously recommended approval of the proposal. Traffic and internal circulation will work with this proposal. No neighborhood comment was received at the Planning Commission. Supporting Reports: 1. Approved Planning Commission Minutes-6/10/96 2. Staff Report dated 6-7-96 3. Correspondence APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION June 10, 1996 IV. PUBLIC HEARINGS A. TOM THUMB GAS PUMPS by Mike Eiker. Request for Zoning District Amendment in the Neighborhood Commercial District on 2 acres, Site Plan Review on 2 acres for construction of an additional gas pump island. Location: Southeast corner of Dell Road and Townline Road. Franzen reviewed the background of the Tom Thumb commercial center which was approved in 1986 as part of the Hidden Glen Planned Unit Development. The proposal is to add two more fueling pumps (for a total of four), and extend the existing canopy to the north. Elden Bott, 18772 Pennington, inquired as the location of the proposed pumps in relationship to the exiting ones, and which direction will the lights face. Eiker explained they will be located to the north of the existing pumps and the lighting will conform to the City's ordinance for recessed lights. Bott also had concerns about the intercom system being left on occasionally and music being played through it. Eiker stated the State Fire Code requires two way communication with the pumps. However,it should not be left on nor have music piped through it Wissner asked if there has a been an increase in demand for gas pumps in the area,or is the proposal based on speculation. Esker explained in order keep pace with the market place this was being done partly on a defensive posture and speculation to stay ahead of the demand expected during peak hours. Ismail asked if past issues of vandalism and trash around the fence line have continued to pose problems. Franzen stated the City has received no further complaints. Sandstad inquired if the City has adopted a noise ordinance. Franzen answered yes. Any complaints about noise from the loud speaker system, or otherwise, would be investigated and dealt with accordingly. MOTION 1: Sandstad moved, seconded by Foote to close the Public Hearing. Motion carried 6-0. MOTION 2: Sandstad moved, seconded by Foote to recommend to the City Council approval of the request of Mike Eiker for Zoning District Amendment on 2 acres based on plans dated June 7, 1996, and subject to the recommendations of the Staff Report dated June 7, 1996. Motion carried 6-0. MOTION 3: Sandstad moved, seconded by Foote to recommend to the City Council approval of the request of Mike Eiker for Site Plan Review on 2 acres based on plans dated June 7, 1996, and subject to the recommendations of the Staff Report dated June 7, 1996. Motion carried 6-0. g C C STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Planner THROUGH: Michael D. Franzen, City Planner DATE: June 7, 1996 SUBJECT: Tom Thumb Gas Pump Expansion APPLICANT: Mike Eiker, Pump and Meter Service FEE OWNER: 101 '86 Partnership LOCATION: Southeast corner of Dell Road and Crosstown 62 REQUEST: 1. Zoning District Amendment within the Neighborhood Commercial Zoning District on 2 acres. 2. Site Plan Review on 2 acres. • C ( ; ‘\f'.;L / • I _--' ,i-it C"Inginik ./..e:!:.! nf i.22 itgain'"Crnelgkit �� Milk.1R'(HA>e! I air -,� am isuak -...........;/' ,;* IF i " � .. 11 ri V I ic Lawimirtiziinr mnwi p . .._- ..1 4 :1111 .T. - : ' \ \ 0 e ) t �.: Vic, � ■1L l IIIl • KNi _-_-_-_,„ idaniktaiiii Ilia 02A*„.ily, ,::*14x,..,,,. ..,. . . if . ..4.111 poweiro vor 4 - " ( - Air'. 4i. • - i ' eia. • .ftik ;4, dif • 4 1)--- iir•, igo � - � r A it . ,.Aillm4447.7.111..t.:: 41111.1! 'fir'■ IIbiI i4 jig IMINI/fSi lits c, . imi' # % =BM di nifileig .. ..... i ki4 -. too raill TVs% - V • ,i ro, ir .. es am ..; ,ff . i., h_______----v...--- �,,tip�� of ArmV. _ Ma FARM ` 4 ►� Ilitit r� , (41 � I �IIIIM_ top wA 7fT::: F 7' ...i , * MEM w4e0157 qW - iiirifith 110 tb , -44145. v ‘evlik -W -, . Eire" re gal ' %ill' • OP -.--1 %* ini Or .1•• VMS r ift0711 \ L/ � � ,....e--1 STFat IHG TF C C Staff Report Tom Thumb Gas Pump Expansion June 7, 1996 BACKGROUND The Tom Thumb commercial center was approved in 1986 as part of the Hidden Glen Planned Unit Development. The property is zoned Neighborhood Commercial, and includes a 14,300 sq. ft. building and a two pump gas area with canopy. Surrounding land use consists of R1-9.5 single family residential to the west and east, Crosstown 62 to the north, and a daycare facility to the south. Both the Tom Thumb center and the daycare were constructed in 1987. The single family area west of Dell Road was approved in 1986 as part of the Hidden Glen P.U.D. Homes were built before, during and after the construction of the daycare and Tom Thumb center. The homes to the east were approved in 1988. Hennepin County is currently upgrading Townline Road from a two lane roadway to a four lane Crosstown 62 extension. This improvement will also include the reconstruction of the Dell Road/Crosstown 62 intersection to a fully signalized, multi-lane intersection(see attachment). SITE PLAN The proposal is to add two more fueling pumps (for a total of four), and extending the existing canopy to the north. The addition will involve shifting two planting islands to the north, and the loss of three parking stalls. A total of 85 parking stalls is required for the shopping center. The actual parking demand at this center does not require the use of all the parking spaces, therefore, the three spaces have been relocated as proof of parking. The proposed structure meets all setbacks. There are other neighborhood commercial centers with gas pumps (see attachment). The number of pumps at these twelve centers range from 2 pumps to 6 pumps. All the centers have canopies over the gas pump area. Of the six centers zoned Neighborhood Commercial, three have 4 pumps, and three have 2 pumps(Lil' Red has a proposal in at this time to expand from 2 pumps to 4 pumps). No particular pattern was evident which defined the number of pumps at the Neighborhood Commercial zoned centers. TRAFFIC ANALYSIS A traffic study was conducted by Benshoof& Associates to analyze existing traffic flows and expected trip generation based on the expanded gas pump area, and an upgraded Crosstown 62. The existing p.m. peak hour trip generation is 294 vehicles, 114 trips being associated with Tom Thumb, not necessarily involving refueling. It is anticipated that the expansion of the pump area, together with an upgraded Crosstown 62 will double this trip generation, resulting in 228 peak hour trips for the Tom Thumb site. This increase involves approximately 80 additional trips due to the C- C Staff Report Tom Thumb Gas Pump Expansion June 7, 1996 added fuel area and 34 trips as a result of the upgraded Crosstown roadway. The site and Dell Road can adequately accommodate this traffic generation. The traffic analysis also indicates that the location of the fueling area will not create a vehicle stacking or maneuvering problem on site or on Dell Road. ARCHITECTURE The proposed canopy has face brick columns and a mansard canopy, matching the existing canopy. The lighting for the canopy will include flush mounted recessed lighting fixtures to prevent off-site glare. Signage for the proposed canopy meets City code. LANDSCAPING As part of the original proposal in 1986, a landscaping plan was approved and implemented, except for the plantings in the northwest corner of the site. This landscaping was not installed due to the construction anticipated for the Dell Road/Crosstown 62 intersection. Once this roadway construction is completed,the landscaping will be installed. Prior to any building permit issuance for the gas pump canopy,the proponent shall provide a landscaping bond and landscaping plan reflecting this remaining landscaping to be implemented. The plan shall also include shade tree planting within the relocated planting islands. RECOMMENDATIONS I. If the Planning Commission believes that the added gas pump area is an appropriate expansion to the existing Neighborhood Commercial use, and will not adversely impact the existing neighborhood, then approval of the Zoning District Amendment within the Neighborhood Commercial District on 2 acres, and Site Plan Review on 2 acres,should be based on plans dated June 7, 1996, this Staff Report, and the following: 1. Prior to Building Permit issuance,the proponent shall provide a landscaping plan and bond to cover the remaining landscaping in the northwest corner of the site to be installed upon completion of the Dell Road/Crosstown 62 intersection. This plan shall also include new shade tree plantings in the relocated planting islands. II. If the Planning Commission believes that the added gas pump area is not consistent with the Neighborhood Commercial use, and will adversely impact the neighborhood, then denial of the plan should be based increased traffic, noise, and lighting, which cannot be adequately mitigated. Q.I.1 11 1 t 1 I 1 x 1 , t L.... . , 1 :t b ce 11• I 1 i 1 - B 15/ '�'�� 1l 2 coE�B • 'r.t 0 0 A I , I C8 11 .223 C� • t; I / /' . .a .,55 ' 4222 422, t 4152 .L. ! 5 1 f .' h 4122, a S J1 NON Ii +1- CB 1 ��ilia..,5 0 oI a � . _ _ • R I ' -y +20 02 10R TYF 20 MIW2. I _ Vi44 2 • IN• N a Fp N No 02 p ,I '• I II ,• BIT.I ,Bt15C .02�w16S6 I I 1 PATH TIT. _ .1z !I L 1111 o I Li II Xi.X I 1CBi * I ' 1 a •. I �158 4226 .22tl II , .:2� N / A I I\ I ; t of i} I fr-- I s oo/ c* / M I I ., CB ' I 1 _..... 1 / 13� 1 , g ® k 1 23 1 110\ 4 //+0i�•1 1 ' co \ \ ' t 'Y +19 f 1 111, 14A }, to \ , 4 / ee • - t54 v +lrl ri1/4_A416C 0 — Y "/ C8 �V%� 1 Nala 43 nck.../ r.: ._. ougailarde. ,-; ;,:, ' ‘t A , .....411- 412 4 ............* K''.....'.. ."11.4(4t4.4' : MA - _ .... s, • 0 ����n� -� �'� -, . ��\ BEGIN BIT. CURB 1,,, p t .... Plit111000' - - '."lilt*4T 10 111P . El al. o NVcB �_ R�., eir, Clale SIT' 0'���� ��' 4, , 31 : __ i- 'LB. 228+50.22 ® .�_, 1 ce 1r -=„ . ei.2• BEGIN S.P. 27-662-57 1'II',i1 r.� i'I(► 16E 4` `t+ .'_ MATCH L 1 NE 030+00 0 . "'g'— % `` NCR �' i' 1` e B IN BIT. • "se LI° f j CURB t *5p ( C Inventory of Convenience Center Gas Pumps .... ....... ... ,. ..........„ . „ . ...,.......... . .........._.... . ...„......,,...... ,,,...„......................„.............„. ,..:„...:.:......„...„......„..:.....„.....„.................................„..:...„......,..„....... facititymilpig oi::iii;i.!.!.!.!::i!i;:immLocation iiiii:!!ipioini!ip Zoning Number orPumpsik Amoco Mitchell Road C-Corn 4 PDQ Mitchell Road C-Com 4 Amoco Shady Oak Road C-Hwy 6 SuperAmerica Shady Oak Road N-Com 4 Fina Shady Oak Road N-Com 4 Amoco Flying Cloud Drive C-Hwy 6 Phillips 66 Flying Cloud Drive C-Hwy 4 Mobil Flying Cloud Drive C-Hwy 6 Amoco Anderson Lakes Pkwy N-Com 4 Tom Thumb Anderson Lakes Pkwy N-Com 2 Fina Anderson Lakes Pkwy N-Com 2 Lil'Red Valley View Road N-Com 2 gAianknotiVePoth,\PsPurniltbi X .1RFBENSEPSOF & ASSOCIATE , INC. TRANSPORTATION ENGINEERS AND PLANNERS 7301 OHMS LANE,SUITE 500/EDINA, MN 55439/(612) 832-9858/FAX(612)832-9564 May 24, 1996 REFER TO FILE: 96-35 MEMORANDUM TO: Scott Kipp, City ofyen Prairie FROM: James A. Benshodf and Edward F. Terhaar Li RE: Results of Traffic Review for Tom Thumb Service Station/Convenience Store at Dell Road and Townline Road PURPOSE This memorandum is to present the results of our traffic review for the Tom Thumb store at Dell Road and Townline Road. The two specific points that we have addressed are: 1) the extent to which the number of trips generated by the store will increase due to the proposed four additional vehicle fueling positions and 2)whether adequate traffic operations will be provided within the site. The traffic review presented in the memorandum are organized as follows: 1) Background Information. This includes existing site and roadway characteristics, information on the proposed expansion, and existing traffic patterns at the site. 2) Traffic Forecasts. The expected increase in the number of trips generated by the store is determined based on the proposed expansion and changes to Townline Road. 3) Traffic Operations Review. Traffic operations erations within the site are examined P to determine whether the plan will provide effective traffic operations. BACKGROUND INFORMATION The existing Tom Thumb development consists of a convenience store and two gasoline pumps which can be used to fuel four vehicles at one time. The Tom Thumb store is part of a small mall development, including several other uses. Access is provided to the site via a driveway on Dell Road. 9 A C C Mr. Scott Kipp -2- May 24, 1996 The current proposed site plan shows the addition of two gasoline pumps (four vehicle fueling positions) immediately north of the existing pumps. The site plan also shows the closure of the south end of the middle circulation aisle by connecting the existing curb islands. As part of our work, we have observed traffic operations and have counted entering and exiting volumes at the site during the p.m. peak period of 4:30 to 5:30 p.m. on Friday, May 17, 1996. During this period, we observed a total 150 vehicles entering and 144 vehicles exiting the site. Of the total number of trips, 58 entering and 56 exiting vehicles were observed to be Tom Thumb customers. No significant difficulties were observed regarding these entering and exiting movements. TRAFFIC FORECASTS Two approaches were taken in determining the p.m. peak hour traffic forecasts. The first approach assumed that since the number of vehicle fueling positions doubled, the number of trips generated by Tom Thumb also would double. This results in 116 entering trips and 112 exiting trips (228 total) for the Tom Thumb use. The second approach accounts for two components of future traffic growth: 1) addition of four vehicle fueling positions and 2) increased traffic on Townline Road. Data published by the Institute of Transportation Engineers indicates that four additional fueling positions would add 40 entering and 40 exiting trips (80 total). No scientific basis is available to predict the increase in trip generation due to the second above factor, completion of the Townline Road improvements. If one adds the 80 additional trip ends from the four new fueling positions to the 114 existing trip ends, the result is 194 trip ends, which is 34 fewer than the 228 trip ends predicted under the first method. We believe that the 34 trip ends are a logical representation of the increase in trip generation due to the Townline road improvements. Therefore, we conclude that it is logical to expect a doubling of trips to/from Tom Thumb (increase to 228 from existing 114). Accounting for this increase of 114 trip ends, the total p.m. peak hour trip generation for the site would increase to 208 entering and 200 exiting. TRAFFIC OPERATIONS REVIEW Entrance Area Currently, there is approximately 130 feet of space between the east curb line of Dell Road and the west edge of the existing pump island available for vehicles to queue. This space should be adequate to accommodate the additional trips generated by the site. If additional vehicle stacking capacity is needed, the driveway could be widened on the north side to create two exiting lanes. This widening could occur without removal of any parking spaces: Jo Mr. Scott Kipp -3- May 24, 1996 Site Circulation The proposed site plan shows the closure of the south end of the center north/south drive aisle with raised curb. This creates a dead-end parking row, which is inconvenient and confusing for motorists looking for parking spaces. We recommend creating an entrance/exit location by eliminating three parking spaces north of the eastern portion of the raised island(where a single parking row exists). This change would allow motorists to continue circulating through the lot if all the spaces in that row are full. Parking Supply According to City staff; 85 parking spaces are required by City code. According to observations made by Benshoof staff, there are currently 75 striped spaces available. Our recommendation to create an entrance/exit area to eliminate the dead-end parking situation eliminates three additional spaces, leaving the site 13 spaces short of the code requirement. Several options are available for creating additional spaces. Three examples are: 1) reduce the size of the islands in the north portion of the lot, 2) stripe spaces on top of the fuel tanks in the southwest corner of the site, and 3) expand the parking row along the northern edge of the site. CONCLUSIONS From the traffic review documented in this report, we have established the following conclusions: a) The proposed addition of four vehicle fueling positions, combined with the increased traffic on Townline Road, will add approximately 58 entering and 56 exiting trips during the p.m. peak hour. b) The existing distance between Dell Road and the pump islands should be adequate to accommodate future queuing vehicles. If additional vehicle stacking capacity is needed, the driveway could be widened to create two exiting lanes. c) The dead-end parking row in the middle of the lot should be eliminated by removing three parking spaces in the single parking row. d) Accounting for the 75 presently striped parking spaces and the loss of the three spaces from above point c), the net parking supply would be 72 spaces, which is 13 fewer than required by City code. Several options may be considered by City staff and the applicant to provide an additional 13 spaces. With follow through on the above points, we are confident the site plan can adequately accommodate the traffic generated by the additional gas pumps. II EDEN PRAIRIE CITY COUNCIL AGENDA DATE: July 2, 1996 SECTION: PUBLIC HEARINGS ITEM NO. V DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger MITCHELL VILLAGE Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Zoning District Change from RM-2.5 to RM-6.5 on 19.65 acres and PUD District Review on 41 acres; • Approve a Resolution for PUD Concept Review on 41 acres; • Approve a Resolution for Preliminary Plat of 41 acres into 20 lots and 6 outlots. • Approve a Resolution for Site Plan Review on 19.65 acres. Background: The Planning Commission unanimously recommended approval of the project at the June 10, 1996 meeting. The Parks and Recreation Commission voted 3 to 1 to approve the project at the June 17, 1996 meeting. Supporting Reports: 1. Resolution for Planned Unit Development Concept Review 2. Resolution for Preliminary Plat 3. Staff Report dated June 7, 1996 4. Planning Commission Minutes dated June 10, 1996 5. Correspondence MITCHELL VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MITCHELL VILLAGE FOR CENTEX HOMES 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 Mitchell • Village PUD Concept by Centex Homes 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 July 2, 1996; NOW,THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Mitchell Village,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 June 25, 1996. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 10, 1996. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of July, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2 Exhibit A Mitchell Village LEGAL DESCRIPTION EN 77RE PARCEL(PRO UIDED BY OWNER): The Northwest Quarter of the Southwest Quarter and the North Half of the Northeast Quarter of the Southwest Quarter of Section 15, Township 116 North, Range 22. West of the 5th Principal Meridian; EXCEPT ATHERTON 1ST ADDITION, ATHERTON 2ND ADDITION, ATHERTON 3RD ADDITION, and further EXCEP77NG the following described tract of land: Commencing at the southwest corner of sold Northwest Quarter of the Southwest Quarter; thence North 89 degrees 46 minutes 33 seconds Eost, assumed bearing, along the South line of said Northwest Quarter of the Southwest Quarter a distance of 734 feet to the point of beginning; thence North 00 degrees 13 minutes 27 seconds West a distance of 44 feet; thence North 44 degrees 17 minutes 13 seconds Eost o distance of 234.93 feet; thence North 00 degrees 42 minutes 47 seconds West a distance of 84.45 feet; thence North 45 degrees 42 minutes 47 seconds West a distance of 311 feet; thence North 13 degrees 20 minutes 00 seconds West a distance of 233.79 feet; thence North 45 degrees 00 minutes 00 seconds East a distance of 56.79 feet; thence South 45 degrees 00 minutes 00 seconds East a distance of 291 feet; thence a distance of 102 feet along a tangential curve concave to the Southwest and having a radius of 316.50 feet; thence North 45 degrees 00 minutes 00 seconds East, not tangent to lost described curve a distance of 260 feet; thence North a distance of 142.50 feet; thence East o distance of 270.76 feet to a point on a Curve having a radius of 666.20 feet, the center of circle of said curve bears South 69 degrees 14 minutes 33 seconds West from said point: thence Southerly along said curve a distance of 169.53 feet, more or less, to the South line of said North Half of the Northeast Quarter of the Southwest Quarter, thence westerly along said South line to the Southwest corner of said North Half of the Northeast Quarter of the Southwest Quarter; thence Southerly along the east line of said Northwest Quarter of the Southwest Quarter to the Southeast corner of said Northwest Quarter of the Southwest Quarter: thence Westerly along the South line of said Northwest Quarter of the Southwest Quarter to the point of beginning. Containing 1,629,857.80 sq. ft. or 37 42 Acres. 3 MITCHELL VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF MITCHELL VILLAGE BY CENTEX HOMES BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Mitchell Village for Centex Homes dated June 25, 1996, consisting of 41 acres into 20 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 2nd day of July, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 4 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION June 10, 1996 C. MITCHELL VILLAGE by Centex Homes. Request for Planned Unit Development Concept Review and Planned Unit Development District Review on 41 acres, Zoning District Change and Site Plan Review on 19.65 acres,Preliminary Plat of 41 acres into 21 lots and 5 outlots and road right-of-way. Location: Anderson Lakes Parkway and Mitchell Road. Franzen explained that the property is currently zoned RM-2.5. The developer is proposing to downzone the property to RM-6.5. The net density of the project is 6.5 units per acre. Dan Blake of Centex Homes displayed photos of the site which showed many dump sites and piles of debris as well as the extensive tree damage by beavers. Cleanup is not possible without significant tree loss. However, while tree loss for the project is estimated to be 67%,they plan tree replacement at almost twice the required formula. Blake stated the planned homes will be two stories with two car garages in a variety of architectural styles. They will have vinyl siding with brick accent and should range in price from$105,000 to $130,000. Foote asked about tree loss at the corner of Anderson Lakes Parkway and Mitchell Road since it is such a visible spot in the heart of town. Blake explained they will attempt to save as many trees as possible, but most will be lost. Many will be lost along the street side due to the City right-of-way and plans for a sidewalk. Sandstad inquired if all of the buildings will have fire sprinkler systems. Blake said it will be required for some of the buildings due to size, but they may possibly be installed in all of them. Ismail asked if a recreational facility is planned for the development. Blake stated there are no plans for one. Wissner asked Alan Gray if there are plans for a traffic light at the intersection of Anderson Lakes Parkway and Mitchell Road. Gray explained a light will be installed in the future,however, it may be two or three years away. Wissner also mentioned the drainage problems experienced by the neighboring Atherton townhomes and inquired whether it was anticipated that Mitchell Village would improve the situation. Blake believes it will be an improvement. Sandstad mentioned the fact the property to the north is industrial and asked how that transition will be handled. Franzen stated transition is required by ordinance and when the site to the north develops, berming and landscaping will be required. Carol Shear, 8363 Mitchell Road, expressed concerns about the ongoing drainage problems experienced by homeowners in the area. She also is concerned about the swimming pool and the chance the development may bring more non-residents into the Atherton pool area which could be a liability problem. In addition she spoke of the traffic problems, as well as tree and habitat loss. However, she is happy the development will not be more apartments or rental properties. Melony Quelor, 8220 Mitchell Road spoke of the traffic problems currently experienced on Mitchell Road. She also asked when construction would begin if plan is approved. Blake explained it is hoped construction could begin as early as this fall. Habicht was pleased to see the decrease in density and the fact the wetlands would remain. He also mentioned he shares the concerns about traffic but sees it as unavoidable. He is very comfortable with the plan as proposed. Ismail likes the project but asked if there would be future building in the area. Blake explained the areas not built upon during this project would remain undeveloped because they are wetland areas and will probably be dedicated to the City. Foote was uncomfortable with tree loss,however, he does not see how the debris can be cleaned up without the tree loss, and feels it is a well thought out project. Sandstad supports the project,it's fine tuned and the builder seems to be familiar with Commission's expectations. He is also pleased to see signals planned in the next couple of years. Wissner mentioned while the area looks good from the road, once you get into it you see so much of the debris and tree loss. She supports the project and thinks it will be an asset in the area. Clinton also likes the project and thinks it makes good use of the land. MOTION 1: Habicht moved, seconded by Ismail to close the Public Hearing. Motion carried 6-0. MOTION 24. Habicht moved, seconded by Ismail to recommend to the City Council approval of the request of Centex Homes for Planned Unit Development Concept Review on 41 acres based on plans dated June 7, 1996, and subject to the recommendations of the Staff Report dated June 7, 1996. Motion carried 6-0. MOTION 3: Habicht moved, seconded by Ismail to recommend to the City Council approval of the request of Centex Homes for Planned Unit Development District Review and Zoning District Change on 41 acres based on plans dated June 7, 1996 and subject to the recommendations of the Staff Report dated June 7, 1996. Motion carried 6-0. MOTION 4: Habicht moved, seconded by Ismail to recommend to the City Council approval of the request of Centex Homes for Site Plan Review of 19.65 acres based on plans dated June 7, 1996, and subject to the recommendations of the Staff Report dated June 7, 1996. Motion carried 6-0. MOTION 5: Habicht moved, seconded by Sandstad to recommend to the City Council approval of the request of Centex Homes for Preliminary Plat of 41 acres based on plans dated June 7, 1996, and subject to the recommendations of the Staff Report dated June 7, 1996. Motion carried 6-0. 6 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: June 7, 1996 SUBJECT: Mitchell Village APPLICANT/ FEE OWNER: Centex Homes LOCATION: Mitchell Road and Anderson Lakes Parkway REQUEST: 1. Planned Unit Development Concept Review on 41 acres. 2. Planned Unit Development District Review on 41 acres. 3. Zoning District Change from RM-2.5 to RM-6.5 on 19.65 acres. 4. Site Plan Review on 19.65 acres. 5. Preliminary Plat of 41 acres into 20 lots and 6 outlots. 7 7-.,. I ) , w. *77/ 1' ' \--1 .. , .. _• ___ .____Itzuwe _gar, flikA %,,,..4, / ` ►4 ''' pop <qNf .' .AO% f _ : i• /; : Ny_ Cr'h C F - IA�� a1 _ i/ ""ice simm A yp �� / _ AN*i krws O ?fi er.� Ai :E E'U?P ``�1. i ?LA2q - ::: eIII a o :4'1 " � - :LE 4, e OWE ANAGR It TFML iitiximoll „,.,..„-• PARK il C:C. Ilk �- • ' T. / EAT.^N f Y 4 ,T N•�1 N'•+t.'8'TRtAt �` POWER CAMPUS ADD!" II1L, ( C.'A ORN _ 2:af AID n Otti � ' TEGjiNiL0 Y \ t �Kt J 0 -- • LYT ',la t': A Ill 1 wpm • s`_ ® ���� .. • . • wry le_4 ____,,i, ,. , , , . 53 .414 0 if.)v",. '4 itt 1 0 ■ P. v.•, � �'" �i, � 'v A1'ARTNE',TS .� O 11 ...iviNiiiili.::::i:i:i; 4.- ,'�'•:. •,I' `�' ii'ii di, :: :j .tith... IL �' F.' i'.Tili!! }' ixt ! �r. W W W W W �41'�' ►�t1� '���. . \1111111r%ot�r , Wit PLACE -. :,:::,::„,:::. di _ 4* ith ' 116 lia iii2h to ir,v .0.- .,:i,,,,,,i,::;.i;ini_vti t....4...,---- fit°lir&NPAIIIMMMINI abillitAiiiiii1111111111111111 IIEZISUltilL. iglIP . • Edam r.:'''''''';'' - AwIIIIIIIII I itimmilbtorPrifi ..._.--Rif _ . , .. . . 4P 4 r,i1 irm/iiiiva irg CUYBERLAND • r •. , J . elitt411513 tali II re‘ii.%**"./-4° rfrJ * Mil CIIII- - IP • 01110ammo.• ......... •... IN .:-...........:-..:::.:::................y.::::ili...m:i.. c., Ions 1:,- eir 1 IV 1111111 N. f$4,,, - .-- ---- ::,-:,:,i,i::*. . �►L ' 4 �. `�i,1,1, .�At, ±+.,‘ : / NITESCRbOOgATE '•; Si° Wiltill. 61-. I • BCE"..CER r• 1..F.Pr- C C Staff Report Mitchell Village June 7, 1996 _ BACKGROUND The site is currently guided High Density Residential for up to 10 units per acre. The site is currently zoned RM-2.5 according to development plans approved in previous years. The west portion of the project is zoned according to an approved plan for 92 rental townhome units in 14 buildings as part of the Mitchell Heights 1979 Planned Unit Development. The east portion of the property is zoned RM-2.5 according to an approved plan for 186 rental units contained in 14 building as part of the Mitchell Heights Old Farm 1971 Planned Unit Development. The combined approved development plan was 278 units at a density of 6.82 units per acre. CURRENT DEVELOPMENT PROPOSAL The developer is proposing a rezoning of the property to RM-6.5. The site plan shows a total of 123 ownership units at a density of 3 units per acre, of which 25 - 30% are proposed to meet the goal of the Livable Communities Act for ownership housing under $115,000.00 per unit. If the outlots (wetlands)are subtracted from the overall acreage, the net density is 6.5 units per acre on the west parcel and 6.2 units per acre on the east parcel. The maximum density allowed on a gross acreage basis in the RM-6.5 Zoning District is 6.74 units per acre. The minimum lot size is 13,000 square feet. All of the lots meet the minimum requirements of the RM-6.5 Zoning District. PARKING The amount of parking required is 2.25 spaces per unit. This includes one enclosed space, one open space, and .25 spaces per unit for guest parking. The proposed plan meets this requirement. SETBACKS The structures meet the required 35 foot front yard setback requirement from Mitchell Road and Anderson Lakes Parkway. All lots meet the required minimum 20 foot rear yard setback requirement. ARCHITECTURE There are 6 different building types. g C C Staff Report Mitchell Village June 7, 1996 Unit Type_ Number of Buildings 3 unit buildings 4 4 unit buildings 1 5 unit buildings 5 6 unit buildings 5 8 unit buildings 2 12 unit buildings 3 TOTAL BUILDINGS: 20 The buildings will be constructed of vinyl siding and face brick. The height of the buildings are 45 feet. This is measured at the peak of the roof. The City ordinance defines building height as measured to the mid-point of the highest pitched roof or gable. This interpretation means that the building height is 30 feet. The maximum building height in the RM-6.5 Zoning District is 40 feet. WETLANDS, UNDERSTORY VEGETATION,AND SIGNIFICANT TREES The approved development plan for the property would have filled in the wetland on the south side of Anderson Lakes Parkway and a portion of the wetland on the north side. This plan proposes no wetland fill. The preliminary planting plan(sheet 5 of 5) shows areas where understory vegetation would remain on the property. Most of this vegetation is adjacent to wetland areas. On the westerly site, there is a large amount of construction debris where there is understory vegetation. In order to remove the construction debris,the understory vegetation must be removed. The approved plans would have removed all of the understory vegetation. Sixty seven(67%)percent of significant trees would be removed based upon the approved plans. The current proposal removes the same number of significant trees. There are a total of 757 caliper inches of significant trees on site. A total of 505 caliper inches would be removed due to construction or construction practices. Tree replacement is 456 caliper inches. Although tree loss is higher than the 30% average for residential projects, the higher tree loss can be considered acceptable for the following reasons: 10 C C Staff Report Mitchell Village June 7, 1996 • 1. The approved plan removed 67%of the significant vegetation and 100% of the understory vegetation. The current proposal is 67% significant tree loss with understory vegetation saved adjacent to the wetlands. 2. The density of the project is approximately one-half of what was previously approved. 3. No wetlands are proposed to be filled. 4. Tree replacement, plus landscaping required based on building square footage would result in more significant trees on the property than currently exist. 5. Most of the significant trees are located east of Anderson Lakes Parkway. To develop this site,the hill must be lowered otherwise the property could not be developed. A portion of the hill is man made fill. LANDSCAPING The amount of landscaping required is based on a caliper inch requirement and tree replacement. The caliper inch requirement is 552 inches. Tree replacement is 456 inches The proposed landscape plan shows 978 inches. The landscape plan needs 30 additional caliper inches. UTILITIES Sewer and water service is available at Anderson Lakes Parkway and Mitchell Road. Storm water treatment ponds are provided on-site. ACCESS The access points on Mitchell Road and Anderson Lakes Parkway meet site vision distance criteria. The driveway access to Anderson Lakes Parkway and Mitchell Road is located far enough back from the intersection to allow for adequate stacking of vehicles. Campus Drive was originally envisioned to connect from Technology Drive to Anderson Lakes Parkway. This alignment was planned prior to enactment of the Wetland Preservation Act. If the road is continued on its present alignment, a wetland area would be filled. The Engineering Department is recommending that Outlot F be designated as an area for the construction of a future city road connection. This would cause the alignment of Campus Drive to the north to shift slightly to the west to avoid wetlands. II C C • Staff Report Mitchell Village June 7, 1996 STAFF RECOMMENDATIONS The staff would recommend approval of the Planned Unit Development Concept Review, Planned Unit Development District Review, Zoning District Change from Rm 2.5 to RM 6.5 , Preliminary Plat, and Site Plan Review, based on plans dated June 7, 1996 and subject to the recommendations of the staff report dated June 7,1996 , and subject to the following conditions: 1. Prior to City Council review, the proponent shall: A. Revise the landscape plan to include 30 additional caliper inches. 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. Pay the appropriate cash park fee. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit samples of exterior building materials for review. D. Submit a landscaping and screening bond for review. 4. Prior to grading, the proponent shall notify the City Engineer, Watershed District, and City Forester. Construction fencing to protect existing trees must be in place and approved by the City Forester prior to grading and tree removal. MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities FROM: Stuart A. Fox, Manager of Recreation Services DATE: June 13, 1996 SUBJECT: Supplemental Staff Report to the June 7, 1996 Planning Staff Report for Mitchell Village BACKGROUND: The development is being proposed on the east and west sides of Anderson Lakes Parkway and entails approximately 19 acres of property. The current site is zoned RM-2, based on development plans approved in previous years. The developer is proposing to rezone the property to RM-6.5 and include a number of outlots that would become City property. ISSUES: Natural Resources/Tree Preservation The site is currently a mixture of box elder, cottonwood, elm, and American basswood. The staff has walked the site several times to ascertain the health of the trees, as well as generally evaluating the tree mass on this property. Staff visited the site once with the proponent and twice to double check certain information. Overall, the site at one time was a farmstead and an area for storage of farm equipment. Over the past 10-15 years quite a bit of construction material, including bituminous mix and concrete refuse has been dumped on the westerly portion of the proposed project. In addition, some abandoned farm equipment and other grading materials have been deposited on the easterly portion of the project. The predominant specie of a significant tree on this site is cottonwood and the staff would estimate the average diameter of the significant cottonwoods to be 14-15 inches in diameter. There is a total of 51 significant trees on the site of which 16 trees would remain after development. The total number of diameter inches of significant trees is 757 inches of which 505 inches would be removed due to construction or grading. This represents a 67% loss of significant diameter inches of trees based on the current plan. Mitigation for this tree loss would be to plant 456 caliper inches of replacement trees. In evaluating this site, the staff really looked at two separate issues 1) What the result of general grading would have on the tree mass on the site. 2) Whether or not the loss of significant trees IS could be reduced. In looking at the site, this area has been inundated with construction debris and other general dumping, which would make it extremely difficult to grade for any type of project without disturbing the tree mass. Basically, a lot of the box elders and cottonwood trees have grown up in between the piles of construction debris and removal of the debris would require tree removal irregardless of the type of development that was proposed for this site. The most easterly portion of the site is a very prominent knoll and in order to do general grading for any type of a multi family development would require removing the majority of the trees in order to have enough buildable area. In addition, some of the large American basswoods contained on the site are completely hollow and make them not subject to counting as significant trees since they would have to be removed prior to any structure being build adjacent to them. The landscaping plan that has been submitted by the proponent includes planting of 978 inches of landscape material on the site. The plant list includes green ash, honey locust, pin oak, American linden, red maple, Colorado spruce, Austrian pine, and ornamental crab and hawthorne. This proposal landscape plan mitigates the tree loss and plants the additional trees as required by the Screening and Landscaping Ordinance. The staff does realize that the overall site character of this property will change; however, it will represent a more diverse type urban landscape when finally planted. NURP Pond There are three proposed NURP ponds included within the development. This will be evaluated by the City Engineering Department to make sure they are property sized to pretreat storm water prior to its discharge into the Purgatory Creek Recreation Area Floodplain. In addition there is a large wetlands area immediately adjacent to Anderson Lakes Parkway, which will remain in its current state under the proposed grading plan. The ownership status of the various outlots is something that is currently being worked on between the developer, the current landowner, and the City staff. These details may not be worked out until this development is ready for presentation to the City Council. Scenic and Conservation Easements The staff would recommend that scenic and conservation easements be placed over Lots 3, 4, 5, and 6 of Block 2 to cover the area between the delineated wetland and the outer edge of the proposed lots. The reason for this recommendation is to ensure that in future times that no disturbance is done by the association or individual units owners to remove or disturb any of the wetland vegetation that may grow naturally in this location. This is something that was not discussed at the Planning Commission. Sidewalks/Trails The long-range park plan indicates that a sidewalk should be located along the easterly side of Mitchell Road. The staff is recommending that a five-foot concrete sidewalk be constructed concurrent with this development; however, the actual timing of upgrade of Mitchell Road and Anderson Lakes Parkway intersections could impact this recommendation. The staff will attempt to have further information for the Commission at the time of the meeting. RECOMMENDATION: This project was reviewed by the Planning Commission at its June 10, 1996 and was approved on a 6-0 vote. The staff would recommend approval of this project subject to the recommendations detailed in the June 7, 1996 staff report and the recommendations within the content of this supplemental staff report. SAF:mdd MitVil/Stu96 /6 Parks, recreation and Natural Resources Commission Monday,June 17, 1996 Brown expressed concern about who is going to maintain the property where the NURP pond is located which the City will own. Fox replied the City is responsible. It's part of their Storm Drainage System. Brown expressed concern about flooding even though the Watershed District does not anticipate flooding. Koenig was concerned about what type of species of trees are going to be used for replacement. Post indicated some oak and spruce; and in accordance with Staffs memo, green ash, American basswood, sugar maple, and red maple. Hilgeman asked what trees are included in the 11 percent tree loss. Fox replied there are only three trees being removed, two 50 inch oaks, and a 36 inch cottonwood. Staffs recommendation is to put some deciduous trees back on that site which would be consistent with the types of trees found in that area, which is ash, basswood, red maple and sugar maple. The other recommendation is to put at least one tree per lot as opposed to putting out a screen or barrier along Sunnybrook Road. Bowman asked for a clarification regarding the sidewalks. Post replied there will be sidewalks on the north side of Sunnybrook Road. MOTION: Brown moved, Bowman seconded, to accept Staffs recommendation and approve the project recommendations as stated, in addition, the Commission would like to see as many deciduous trees as possible. Motion carried 4-0. B. Mitchell Village Staff referred the Commission to a memo dated June 13, 1996, from Stuart A. Fox, Manager of Recreation Services; and a Staff Report dated June 7, 1996, from Michael D. Franzen, City Planner. Dan Blake, Centex Homes, reviewed his development proposal with the Commission. This site is diagonally across from the Eden Prairie City Hall. A review of the wetland locations was given. Photos were shown depicting the debris,dumping, and the rapid growth of grass that has taken place over the last couple of years. The views were shown from different angles of the property. Tree loss is estimated at 67 percent. There are 35 significant trees to be removed. Of those 35 trees, 31 are cottonwood trees that range from 12 inches to 16 inches. The tree replacement is in accordance with the IG Parks, recreation and Natural Resources Commission Monday,June 17, 1996 ordinance which is double the amount normally required. The project will be built in a number of size configurations with 3, 4, 5, 6, 8, and 12 units per building. Koenig asked if the units are going to have front and rear entrances. Blake replied yes. Fox reviewed the Staff Report with the Commission. The site is currently a mixture of box elder, cottonwood, elm, and American basswood. The Staff has walked the site several times to ascertain the health of the trees, as well as generally evaluating the tree mass on this property. Overall, the site at one time was a farmstead and an area for storage of farm equipment. Over the past 10-15 years quite a bit of construction material, including bituminous mix and concrete refuse, has been dumped on the westerly portion of the proposed project. In addition, some abandoned farm equipment and other grading materials have been deposited on the easterly portion of the project. The tree loss is at 67 percent and 35 of the 51 trees will be removed. The two issues discussed with the Commission were 1) What the result of general grading would have on the tree mass on the site. 2) Whether or not the loss of significant trees could be reduced. Staff believes this project to be the best in terms of balancing with some of the adjacent neighborhoods with nearly 1000 inches of landscaping material. There are three proposed NURP ponds included within the development. This will be evaluated by the City Engineering Department to make sure they are properly sized to pretreat storm water prior to its discharge into the Purgatory Creek Recreation Area Floodplain. In addition, there is a large wetlands area immediately adjacent to Anderson Lakes Parkway, which will remain in its current state under the proposed grading plan. Staff has made the recommendation that anything that occurred between the normal high water level and the outside edge of the lot should be covered by a scenic and conservation easement. This would be placed over Lots 3, 4, 5, and 6 of Block 2. The long-range park plan indicates that a sidewalk should be located along the easterly side of Mitchell Road. Staffs recommendation is for a five-foot concrete sidewalk to be constructed concurrent with this development; however,the actual timing of upgrade of Mitchell Road and Anderson Lakes Parkway intersections could impact this recommendation. The Engineering Department has also made a request to widen the right-of-way to accommodate further signalization of Anderson Lake and Mitchell Road. ig Parks, recreation and Natural Resources Commission Monday,June 17, 1996 This project was reviewed at the June 10, 1996 Planning Commission meeting and it was approved on a 6-0 vote. Koenig was concerned about moving the knoll because that's where most of the significant trees are on the development. Fox commented there are two large basswoods and no oaks in that area. Koenig expressed concern about fitting the buildings in between the two wetlands without impacting the existing wetlands. Blake replied that the closest wetland impacts are along the north edge and they will be required to put up silt fencing prior to construction. Hilgeman asked if there were any areas on this site for cottonwoods. Fox replied there should be some areas for cotton less cottonwoods. Brown asked what the price ranges are of the homes. Blake indicated between $105,000 and $130,000. Bowman expressed concern about the five-foot sidewalk not listed in the Staff Report. Fox indicated it is listed in the Supplemental Staff Report and that's what goes to the City Council. MOTION: Brown moved, seconded by Hilgeman, to accept Staffs recommendation and that they seriously look at a certain percentage of cotton less cottonwoods in the replacement. Motion carried 3-1-1 with one nay vote by Bowman, and one abstention by Jacobson. VI. OLD BUSINESS A. None VII. NEW BUSINESS A. None VIII. REPORTS OF COMMISSIONERS AND STAFF A. Reports of Director of Parks, Recreation and Facilities 1. Response to Karen and Scott Pedersen Regarding Lighting Baseball Fields at Miller Park Staff indicated this was an FYI item. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: July 2, 1996 SECTION: PUBLIC HEARINGS ` ITEM NO. V,C DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger HARTFORD AREA ONE RETAIL 1996. Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Zoning District Amendment in the Commercial Regional Service District on 1.27 acres and PUD District Review on 1.27 acres; • Approve a Resolution for PUD Concept Review on 24.43 acres; • Approve a Resolution for Preliminary Plat of 4.43 acres into 2 lots. Background: The Planning Commission voted unanimously to approve the project at the June 10,1996 meeting. Supporting Reports: 1. Resolution for Planned Unit Development Concept Review 2. Resolution for Preliminary Plat 3. Planning Commission Minutes dated June 10, 1996 4. Staff Report dated June 7, 1996 5. Correspondence HARTFORD AREA ONE RETAIL 1996 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF HARTFORD AREA ONE RETAIL 1996 BY RYAN CONSTRUCTION COMPANY OF MINNESOTA BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Hartford Area One Retail 1996 for Ryan Construction Company of Minnesota dated June 25, 1996, consisting of 4.43 acres into 2 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 2nd day of July, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2 HARTFORD AREA ONE RETAIL 1996 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF HARTFORD AREA ONE RETAIL 1996 FOR RYAN CONSTRUCTION COMPANY OF MINNESOTA WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD)Concept Amendment of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Hartford Area One Retail 1996 by Ryan Construction Company of Minnesota 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 July 2, 1996; NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Hartford Area One Retail 1996, 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 Amendment approval as outlined in the plans dated June 25, 1996. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 10, 1996. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of July, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 3 Exhibit A Hartford Area One Retail 1996 LEGAL DESCRIPTION: Lot 2 Block 1; PRAIRIE LAKES BUSINESS PARK, according to the recorded plat tkereof, and situate"in Hennepin. County, Minnesota. a,PC°'S L LOT DI t(iSic `.£GAL -:DESK • Parcel l That part of Lot 2 Black 7 PRAIRIELAKES BUSINESS PARK,, according to the recorded plot thereof, Hennepin Count}, h1'nnesotc, lying easterly and southeasterly of a line, described as follows- Commencing e t the northwest corner of said Lot 2 thence South 73 decrees J5 minutes 39 seconds East, assumed bearing along the north line of said Lot 2, a distar'ice of 174.46 feet to the beginning of the line to be described thence South 08 degrees 57 minutes 47, seconds West a Distance- of J7.500 feet; thence South 53 degrees 08 minutes 08 seconds. West. a distance of 93.62 feet to on angle point in the south line of said Lot 2 cad said line there terminating. -arce/ 2' act Dort of•Lot 2, Block 1, P,RA/RIE LAKES.BUS/i ESS PARK, according to o the recorded plat thereof, Hennepin, County, Ainnesota, lying .westerly and • northwesterly of o line-and its northerly extension "described as follows Commencing at the northwest comer of said Lot 2,- thence 'South, 73 degrees 35 = minutes-39 seconds East, assumed bearing, along the;north line of said Lot 2,- a - disc crce of 174.46 feet to the beginning of.the line to be described; thence c. Sou th. .09 degrees 57.minutes 47 seconds West a distance of_375..00 feet; thence South .E,: degrees 48 minutes 08 seconds tf sf a distance of 9352:feet. to an angle point in the south :line of said Lot 2 and said line there terminating L' APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION June 10, 1996 D. HARTFORD AREA ONE RETAIL 1996 by Ryan Construction Company of Minnesota. Request for Planned Unit Development Concept Amendment on 24.43 acres, Planned Unit Development District Review on 1.27 acres, Zoning District Amendment in the Commercial Regional Service District on 1.27 acres, Site Plan Review on 1.27 acres and Preliminary Plat of 4.43 acres into 2 lots. Location: Prairie Center Drive and Prairie Lakes Drive. Franzen reviewed the history of the project stating in 1995 the City approved a 30,000 square foot building for PetSmart on part of this site and gave concept approval to 6,000 square feet of additional retail. Final approval for the 6,000 square foot retail building was not granted because architectural plans were not prepared at that time. The current request is for a 6,000 square foot building with architecture consistent with the standards approved of the P.U.D. and is the same as that of PetSmart. Franzen pointed out that a three foot parapet wall would be adequate to screen mechanical equipment. Also, a sidewalk would be constructed along the north and south sides of the building since that is where the entrances are,rather than the west side. Tom Palmquist of Ryan Companies presented the plans for the site. He explained to the Commission Hartford Place consists of seven sites. Site 1 is PetSmart, Site 2 is still vacant, Site 3 are twin homes, Site 4 are single family homes, Sites 5 and 6 are the Pulte Project, and Site 7 runs from Prairie Center Drive west to the wetlands. Ismail asked what uses are planned for the retail center. Palmquist stated possibilities include a card and gift shop,men's clothing, hair salon, and an optician. Wissner asked if PetSmart's parking lot was to service this building as well. Palmquist stated that is correct. He also advised they hope to begin construction this summer. Wissner asked Alan Gray if there have been complaints about traffic in the area. Gray said the City has received a few complaints regarding rush hour. MOTION 1: Foote moved, Sandstad seconded to close the public hearing. Motion carried 6-0. MOTION 2: Foote moved, Sandstad seconded to recommend to the City Council approval of the request of Ryan Construction Company of Minnesota for Planned Unit Development Concept Review Amendment on 24.43 acres, Planned Unit Development District Review on 1.27 acres, Zoning District Amendment in the Commercial Regional Service District on 1.27 acres, Site Plan Review on 1.27 acres and Preliminary Plat of 4.43 acres into 2 lots. Motion carried 6-0. C C STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: June 7, 1996 SUBJECT: Hartford Place Retail Area One 1996 APPLICANT/ FEE OWNER: Ryan Companies LOCATION: Prairie Center Drive and Prairie Lakes Drive REQUEST: 1. PUD Concept Amendment on 4.43 acres. 2. PUD District Review on 1.27 acres. 3. Site Plan Review on 1.27 acres. 4. Preliminary Plat of 4.43 acres into two lots. 1 •..--;..----- . - ‘.'4.••i•• 1 ,.., ... ...::... .;:o., ::::::•::•:::....i .::6..._ ...01;•••• : .. •• .. •. .. . .. .. .. .. : ''''• • •. • . • • • • • • •. • . • . • . • . . .. . . . . . . . . . . . . . . . . . .. . . . • .. . .. . . . .. . p‘:.:::•••. ::::'::::'::•:':'••• ••• • .. • : .:•:.. 1 )( ' ''''.....1 •-... :• • •::::-:::•.::::.*: .:. ...: .1 vf •:... ,:;;O' ::•::::•:::••:•••: : •:• ••••::.:::'• •• • :•: :•:: ••• C.:: ,:••••; ..., ::- 1.-.... "1...' 9 RI II,D.... _...T. • oF Fi c.a 12.i Fz* . MA:I 0 0 11111 1 .LE.ONAI R01:07:1.s "Vimore ...... P. . BRODY A".• :• .,.I. ..i2„. s _--- ,.. I t.r4) ._`,Y 41 i.....1.• .....",06 ..:4. .. TT 7.1.1„;_:. 7 ft r;E"................/...........JA . );........._________ CENTER ill I: _ 4.4 Al .... MI :44,-c' •Z:' ''s ViESI 11\1174410tr, . •1.7,7) e A a W A .•:::::•:-. t trAlTr.:C.ME.111111.111immil.0 PRA1R!E ••:::•::•:•:•: :•:•:•• •• . :11,111 ••• •. • • - .:-':::':'::•-:...:•.-:-::::•..:i 14.01.1 . 1111 NI V ' E.P Gi 1990 9ecI4KCka 1 1 -:•:•:•:• :::::::::. ........ ••••i:i: :::::::::::::::.:i:.: •: q• -::•i: ::•-:;::: :.::::. : A(' :•P',iIE ri • -...,;',i ':• • • • • . . . . . . . .•.•.•.•.. ... ..• ....... - ...i.is : :, 4.s.• 4 th • i . .•.• •. . . ......... • • • - • • . - . . . • c) .". •• ••••••••••••••• .•••••jiqLiTtp , ! AK!-:-.S •:::•:•:•::::::: :::::.:::.- • r it qpIP 4 PRAil'iE .-..t4.°1)* 411t,'•_as ,4>4. - - .....?. cm,„ c.... 1 ::-• -* ‘ - 7TH\ C1:-:NTE , • 4 :R . Vitt' CENTER > • .:, ST1' . s o 9. I** LAKEs -.• i 1/414: .7-74 ;.; ..; .. . ..RX -- :4 i-.. , 4,0//#44iftrr .%. - . ...... \...- -.,.• (•-: I.:: . • I; UNDS . _ ),., i f.*: lit 4 ' 4 I I. 111 .14114, # 0 .. . .... it * is ADD "1 Pri CARRIAGEril rrIlt n 69 ell 4....:irem ANA tiiiit.#4,„ -.1.," BLVD . !..4i • IA, --——— '.-, *c5. ri al 1111 v.`v./221, •• 4 0 --- . tn -1.rd ADE.4 vii w m fri rn rn A, . 1.•••••,,, • , ./..7 •-. it ••-•• i'•, •;:t \-0 Mg••••, •:„., ,0- • PK ' FL C -.•• Erma Immo Ili:. . 1 •i- --1..................... ROAD ... - '-• iport -------f- - - 6 . • • (.., fiv 11.441, , _ , 7 . ____.. 1:11•111aw ..::,4e.:.: • . •__ -ic /Pr 'A" ' milli .. IN ..* -. *,-.* 44)‘ ,.::•,,._ . ,.<1. ,_, It-. rii .-1, 91, skill -k "o, 41, .:::..,.•:= —• 4, • te.,• ,<4, ..-• 1°,-... Ne . . . ...&.:4;. SLACK g. t 111111 - ' Ca At ,,rs'. lb -. 11.:- iBilinw,., k 4* * 4144 "V. - 4 4 iik.......1?, '0 cr va ,, , .. .t. ta, • • ...•• . ,.., biota '''. • .1111 BO 4 EDEN LAKkiELEM. ) • ' ijilli" :•-nt...;L'i ,:4)• . 41: Pl. o• 411 if- 1 .40I; c( .-r • Iiit4i F•''.( • c'.`". i .: i/eN 'IS:, 1 C C Staff Report Hartford Retail Area One 1996 June 8, 1996 BACKGROUND In October of 1994, the City Council approved development plans for the Hartford Place project. Hartford Place consists of 7 sites with a mixture of Commercial and Residential uses. The City approved 186,000 sq. ft. of retail for Sites 1 and 2, 58 twinhomes on Site 3, 25 single family homes on Site 4, 160 townhomes on Site 5 and 6, and no plans approved for commercial on Site 7. In June of 1995, the City approved a 30,000 sq. ft. PetSmart on part of this site and gave concept approval to 6000 sq. Ft. of additional retail. Final approval for the 6000 sq. Ft. retail building was not granted since architectural plans were not prepared at the time. SITE PLAN The current request is for a 6,000 sq. ft. building. The site plan is developed at a base area ratio of .10. The City code would allow a maximum base area ratio of.20. The parking requirement is based upon a ratio of 5.5 spaces per 1,000 for a total of 165 parking spaces. Parking meets City code requirements. The building meets the required minimum setbacks from all property lines. BUILDING ARCHITECTURE The building architecture is consistent with the standards approved of the Planned Unit Development. The building meets the exterior material standard requirement of 75%face brick and glass. The building architecture is the same as PetSmart. LANDSCAPING The landscaping requirement is based upon a caliper inch requirement according to building square footage, screening of parking areas, screening of loading areas, and tree replacement. The caliper inch requirement is 19 inches. The landscape plan meets this requirement. STORM WATER PRETREATMENT The approved pretreatment plan for the Hartford Place project included three NURP ponds. The amount of impervious surface area on this plan is similar to the original plan and the storm water C C Staff Report Hartford Retail Area One 1996 June 8, 1996 pretreatment ponds do not have to be increased in size. STAFF RECOMMENDATIONS The Community Development Staff would recommend that the PUD amendment and site plan be approved based on plans dated June 7, 1996 and subject to the recommendations and Staff Report dated June 7, 1996 and subject to the following conditions: 1. Prior to building permit issuance, 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. C. Submit plans for review by the Fire Marshal. D. Submit final exterior building elevations and exterior material samples for review. E. Submit final landscape plan and security amount for review. yea.► 9 c J. H. MANAGEMENT CORPORATION ONE INTERNATIONAL PLACE,SUITE 608 BOSTON,MASSACHUSETTS 02110 Internet address Telephone 617-951-7633 tperciva@ropesgray.com Facsimile 617-951-7050 April 24, 1996 Mr. Tom Palmquist Via Overnight Delivery Ryan Construction Company of Minnesota, Inc. 700 International Centre 900 2nd Avenue South Minneapolis, MN 55402 Re: Pet Stores Funding Corporation Dear Mr. Palmquist: Enclosed please find a Land Development Application for the Minnesota site signed by Pet Stores Funding Corporation. If you have any questions regarding the enclosed,please contact me at the above number. Thank you. Sincerely, Tiffany L. Percival Enclosures cc: Peter Dodson, Esq. (w/out enclosures) 2077218.01 10 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: July 2, 1996 SECTION: PUBLIC HEARINGS nn ITEM NO. V. N DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger PURGATORY CREEK ESTATES (1996) Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Approve a Resolution for Preliminary Plat on 4.98 acres into 7 lots. Background: The Planning Commission unanimously recommended approval of the project at the June 10, 1996 meeting. The Parks and Recreation Commission voted unanimously to approve the project at the June 17, 1996 meeting. Supporting Reports: 1. Resolution for Preliminary Plat 2. Planning Commission Minutes dated 6/10/96 3. Staff Report dated 6/7/96 4. Letter from Post Construction requesting Early Grading Permit PURGATORY CREEK ESTATES (1996) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF PURGATORY CREEK ESTATES BY BARRY AND BRIAN POST BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Purgatory Creek Estates for Barry and Brian Post dated June 25, 1996, consisting of 4.98 acres into 7 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 2nd day of July, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION June 10, 1996 B. PURGATORY CREEK ESTATES (1996)by Barry and Brian Post. Request for Preliminary Plat on 4.98 acres into 7 lots. Location: 12381 Sunnybrook Road. Franzen gave some background information on the project, explaining it had come before the Planning Commission before in 1994. The major issue with the project at that time had to do with its impact on the wetlands and the need to obtain appropriate permits to fill wetland area. Barry Post reviewed the project plans and the areas that effect wetlands. Ron Peterson with Peterson Environmental explained how the original delineation of the property was done and why the outcome is different now then before. He stated originally the testing was done during the winter of 1994 with snow and frozen soil. Now having redone the tests in more favorable conditions the project proves to have much less negative impact on the wetlands then first believed. The delineation has now been approved by the Watershed District and Army Corp of Engineers. Post explained in order to fill wetlands in the City of Eden Prairie you need to have permits from the DNR, the Minnesota Pollution Control Agency, the Army Corp of Engineers, and the Watershed District. In 1994, they had only obtained two of the necessary four permits. Today they have all four. Foote asked what type of houses would be built. Post answered they would be two story and rambler walkouts in the $250,000 to $300,000 range. Richard Sentz, 12650 Sunnybrook Road, stated he is very impressed with the layout the Posts have presented for the seven lots and as far as he is concerned the project can't happen fast enough. Gerard Wersel, 12645 Sunnybrook Road, explained when the project was first presented in 1994 he was not in favor because of the impact on the wetlands. He asked Peterson to explain what has made the difference today on the delineation. Peterson explained the delineation was based on three criteria; soil, vegetation, and water table based on the 1987 wetland manual. The difference was determined by the time of year and the use of the 1987 wetland manual as opposed to the 1989 manual as previously used. Wersel also asked about the proposed sidewalk and which side of the road it would be on. Franzen explained it will be on the north side of the road. Wersel inquired about the shoreline ordinance and the proximity of the homes to the Conservancy Area. Franzen explained why the City felt it was acceptable to modify the conservancy area line in order to allow the project as proposed. Libby Hargrove, 12640 Sunnybrook Road, stated while she would much prefer to see a five lot plan instead of seven, she can find no fault with the proposed project and has no complaints. Sandstad expressed concern about a fifty inch oak tree on lot one which will be lost by the plan. He went on to explain he estimates a fifty inch oak must be close to three hundred years old. Post stated he shares Sandstad's concern and they have attempted to develop lot plans to allow it to remain,however,they did not find a viable solution. The developer does, however, plan to replace up to two hundred caliper inches of trees. Habicht also considered the loss of the oak tree, but agreed with the developer that it sits right in the middle of the lot configuration, making it most difficult to save. He felt the project is well thought out. MOTION 1: Wissner moved, seconded by Habicht to close the Public Hearing. Motion carried 6-0. MOTION 2: Wissner moved, seconded by Habicht to recommend to the City Council approval of the request of Barry and Brian Post for Preliminary Plat on 4.98 acres based plans dated June 7, 1996, and subject to the recommendations of the Staff Report dated June 7, 1996. Motion carried 6-0. L C. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: June 7, 1996 SUBJECT: Purgatory Creek Estates- 1996 APPLICANT/ FEE OWNER: Brian and Barry Post LOCATION: 12381 Sunnybrook Road REQUEST: 1. Preliminary Plat of 4.98 acres into 7 single family lots and 1 outlot. \.....,........a g .. ....;c,.). H 0,4 zszi p; .2ic ,t, ct iv .L‹) ATI v. oi . ,..... in go -. • lei .1 I•ti ' ilaii • + Ala kir 4 0 AO cc • pno IPA* acArSYli .8 ordwomh ?) ,:.,!ttj NIM w,1:::.< DARNEL ROAD n mimomM,��� ' il tumoad .::.i i.::..:..:..:..i_:.i:..:.i:.-,.:.i-:-.l:•-.i-:+.-E:•.i-:.l::.:-: in =�0 By :.,1,:,,,,,:::,:.:.:,. Yliti" SiV, "W i::::i..::.i::::.g.i::i:::: : =I-i::. 'NIP' -:: Ati rii fta .: i: 1:ii:::.:111:g1.-Ell:il:g::::: ?c ira a VIP :::,:::.111':,.:111,:11:::11111-:-.1:11-;11111:: 111411 Pur y - giVe " :::::i:li: :.t.:::,:.i.":i4:::: : d 4 `� T C4' LARK puR • 11 lit .:.q0: :::::: ::.::::::ffi: 11111, ::: ::gii.l.: .:i.::::.::: pURTF3PK-2'... "SY; s�AC 146i& • N . _ a .r cin Via k /a at/ 1116 ilk �.p. r o *ill iar,„ *. t lay al 11111LIZzwillw- 1112 4111. 77.17414-A;gfralleigi V k „:40drooRivEii V lc:ft- . c, i . i ...``),c. ,.)p .' [,: k ** 4'.eff cS" • ' ' gbv t V ise?.,„ tt otil iii .*.h- - 41111 it' APAI Iiiisz: ' Ilt.V 0 III i.. r & ' ' ir. 14 4011rA V sti: m : ;VONA 10 Virg °-z ( v 61) 414, 4.8645 .z:-.I)::::i T i ;::: ..! --(A' fa ' I -, .4 't *411%- ... . -in S F� ..; _ • 11111111111111111iii MI • ■/IlI ,� NEE gill. - C FL NTE. g nom Isv4:4111011 amigA Mt SW 0 -§..1 W ROAD • F. :viNi at VI 4 ;LT.,. ',Lbralitill mow *11111ligin Igi 1 176.: 52 .....7. 0,,,w. r cf., km i \IN 1 Otte4 it' sk, -1./.. ...--z No,At 4. ---,- 11111111 �grill (a # Dm,/ mg E k3r 0O RUN ("'L , , a C C Staff Report Purgatory Creek Estates- 1996 June 7, 1996 BACKGROUND This is the same project that was reviewed by the Planning Commission and City Council in 1994. The Planning Commission recommended denial of the project at the March 14, 1996 meeting. The City Council recommended approval of a 5 lot subdivision and rezoning to R1-13.5 at the August 16, 1994 meeting. There is new information on wetland delineation, wetland fill, wetland mitigation, and Watershed District and Army Corp permits that was not available in 1994. PRELIMINARY PLAT The preliminary plat depicts the subdivision of 4.9 acres into 7 single family lots and 1 outlot. All of the lots meet the minimum requirements of the R1-13.5 zoning district. SHORELAND ORDINANCE Since this land is within 300 feet of the center line of Purgatory Creek, provisions of the Shoreland Ordinance apply. Lots 3, 4 and 5 are abutting lots since they are within 100 feet of the center line of the creek. The Shoreland Ordinance requires a minimum lot size of 13,500 square feet, a 100 foot setback from the creek, and a 120 foot lot width at the rear building line. All of these lots meet the minimum requirements of the Shoreland ordinance. GRADING IMPACTS Grading will impact trees and an existing wetland area. There are 853 caliper inches of trees on site. Tree loss is calculated at 98 caliper inches or 11%. This compares favorably with the average tree loss for residential projects of than 30%. Tree replacement required is 14 caliper inches. Grading will place fill in the 100 year flood plain. This is subject to Watershed District approval. Allowable fill is 2240 cubic yards. The proposed fill is 1560 cubic yards. The lowest walkout floor elevation at 814.3 meets the City requirement for 2 feet above the 812.3 flood elevation. Grading will also impact an existing wetland. The wetland delineation was prepared by a certified biologist and approved by the Watershed District and Army Corp of Engineers. Approximately .04 acres(1970 square feet) is proposed to be filled on Lots 4, and 5. The 1994 plan was .40 acres (14,375 square feet)on lots 3,4,and 5. The grading plan for 1996 is similar to the 1994 plan. The C C Staff Report Purgatory Creek Estates- 1996 June 7, 1996 wetland delination is smaller and is locatred on lots 4 and 5. The Watershed District has approved the use of an existing wetland bank in the City of Independence to mitigate the proposed wetland fill. The Wetlands Preservation Act requires first that an evaluation be made to see if wetland fill can be avoided. Wetland fill could be avoided by dropping two lots from the project and shifting the cul-de- sac and the remaining lots further to the north out of the wetland area. This will result in a density of approximately 1 unit per gross acre. This compares with the average R1-13.5 density in environmentally sensitive areas of 1.75 units per acre. The Sunnybrook Woods project approved to the north is 1.75 units per acre. This project did not have wetland fill but tree loss was 42%.The • density of this project is 1.47 units per acre. The City has previously approved wetland fill in Bearpath, Galarneau Shady Oak Business Center, Hartford Place, and Viromed, subject to mitigation and permits from the Watershed District and Army Corp of Engineers. Staff believes that the wetland fill is reasonable based upon the following factors: 1. Low density of the site at 1.47 units per acre. 2. Low tree loss at 11%. 3. Wetland fill is less than the 1994 plan. 4. The disturbed wetland area is bounded by a sanitary sewer easement on the south. No land closer to the creek is being disturbed. 5. Approximately 2 acres of land (Outlot A)would be gifted to the City. UTILITIES City sewer and water is available by connection to existing facilities in Sunnybrook Road. Storm water runoff is proposed to drain from the cul-de-sac into a NURP pond before discharge into Purgatory Creek. The pond meets the 50 foot shoreland setback. 0 e C Staff Report Purgatory Creek Estates- 1996 June 7, 1996 CONSERVANCY AREA PURGATORY CREEK In 1975 Purgatory Creek Open Space plan depicted a Conservancy Area across lots 3, 4, and 5. The Conservancy Area is described as a"no-build zone". For the most part, Eden Prairie has prohibited development from occurring within the Conservancy Area of a creek, but has on occasion modified the conservancy area line when there are good reasons to do so. In the Bluestem Hills and Village Knolls projects the City approved trading better land outside the Conservancy Area for land inside the Conservancy Area. This project does not have excess land to trade, but City ownership of the Conservancy Area could be a mitigating reason. STAFF RECOMMENDATION The Staff presents the Planning Commission with the following alternatives: I. If the Planning Commission believes that the project is in compliance with City Code and represents a reasonable use of the property, with minimal impacts on site features, then one option would be to recommend approval of the Preliminary Plat based on plans dated June 7, 1996, based upon the Staff Report dated June 7, 1996, and subject to the following conditions: 1. Prior to City Council review, the proponent shall: A. Submit a tree replacement plan for 14 caliper inches. 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. Pay the appropriate cash park fee. 9 Staff Report Purgatory Creek Estates- 1996 June 7, 1996 - 4. _ Prior to grading permit issuance, proponent shall: A. Stake the proposed construction limits with the snow fence. Notify the City and Watershed District a minimum of 48 hours in advance of grading so that erosion and construction limits may be field verified. II. If the Planning Commission believes that the development of the property has a significant impact on the site's natural features, then one option would be to continue the item and direct the proponent to revise the development plan to reduce or eliminate the wetland fill. Staff recommends alternate One. 16 TEL No . 612 996 0785 Jun 25 ,96 1 :03 P .01 rust Construction, Inc. Designers and Builders of Fine custom Homes June 25, 1996 Mike Franzen City of Eden Prairie S0S0 Mitchell Road Eden Prairie,Minnesota 55344 RE: Proposed Purgatory Creek Estates- 12381 Sunnybrook Road Early Grading Permit- Request Dear Mike, This letter is to officially request an "Early Grading Permit"t for the subject development, at the upcoming July 2, 1996 City Council meeting. Post Construction, Inc. would like to start this early grading ASAP after the July 2, 1996 meeting providing our project receives approval. As such, we are requesting that this "early grading permit" request is added to both your staff report and the agenda for July 2, 1996. Please call either Brian or myself with any questions. Sincerely, Barry Po Post Construction, Inc. CC: Bruce Malkerson John Brian Post 8911 York Circle * Bloomington,MN 55431 " Phone(612)895-6197/Fax(612)941-7980 I! MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities FROM: Stuart Fox, Manager of Parks and Natural Resources DATE: June 12, 1996 SUBJECT: Supplemental Staff Report to the June 7, 1996 Planning Staff Report for Purgatory Creek Estates - 1996 BACKGROUND: This project was reviewed in 1994 and was subject to the City Council recommending approval of a five-lot subdivision at the August 16, 1994 meeting. Since that meeting, the proponent has new information based on actual wetland delineation and permits by the Watershed District and Army CORP of Engineers that was not included in the 1994 proposal. The proponent is seeking subdivision of 4.9 acres into seven lots and one outlot with a designation of R 1.13.5 zoning. ISSUES: Natural Resources/Tree Preservation The current site has a single family home located on it and it is mainly open grassland sloping down to Purgatory Creek. There are approximately 40 trees over 12 inches in diameter on the site. The trees represent 853 diameter inches of significant trees as defined by City Ordinance. The proposed grading one site would remove three significant trees or 98 diameter inches of trees. When calculating the percentage of trees lost on the site, it is 1 1`Yo. The tree replacement for mitigation is 14 caliper inches of landscape material. The three large cottonwood trees on the upper portion of the site would remain as would the balance of significant trees which arc primarily cottonwood that line both sides of Purgatory Creek. In addition,there are some other fringe trees primarily box elders and elms which do not count under the current tree ordinance that will also remain once grading on the site takes place. Landscaping No landscaping plan was submitted with the grading and plat information; however, the staff would recommend that the developer plant one-two inch tree per lot to mitigate the 14 caliper inches of Ia trees lost on this site. This would enable each lot to start out with one tree, preferably in its front yard. Species of trees which would be suitable for this site would be green ash, American basswood, sugar maple, or red maple. These are trees that are growing on adjacent lots, as well as in wood lots in and around the Sunnybrook Road area. NURP Pond The NURP pond is being proposed in Outlot A and would meet the required 50 foot shoreline setback requirement. This NURP pond would be subject to approval by the City Engineering Department to make sure it is adequately sized to handle the storm water runoff from this proposed cul-de-sac area. The grading in the wetlands would be subject to conditions set forth by the CORP of Engineers and Watershed District requirements. Sidewalks/Trails Currently, no sidewalk is proposed for the south side of Sunnybrook Road; therefore, none would be required with this development. RECOMMENDATIONS: This project was reviewed by the Planning Commission at its June 10, 1996 meeting and was approved on a 6-0 vote. The recommendation was to accept the project as per the staff recommendation I. Staff would recommend approval of this project subject to the conditions as spelled out by the Planning Commission and the content of this supplemental staff report. CreekEstJStu96 Parks, recreation and Natural Resources Commission Monday,June 17, 1996 V. DEVELOPMENT PROPOSAL A. Purgatory Creek Estates Staff referred the Commission to a memo dated June 12, 1996, from Stuart A. Fox, Manager of parks and Natural Resources; and a Staff Report dated June 7, 1996, from Michael D. Franzen, City Planner. Fox indicated this project came through the system two years ago but was withdrawn. It is now back in the same form. What has changed since 1994 is some information based on the wetland delineation. Barry Post, 9977 Bennett Place,reviewed his development proposal with the Commission. He reviewed the changes that have taken place since 1994. This is the same plan but is slightly pulled up north. The Watershed District and the Army Corp were out, and they do need to fill and mitigate for the sliver of wetland in the southeast area. They have all the necessary permits and documentation which took a year and half to obtain. They were approved at the Planning Commission and have received the neighbor's approval. The tree loss is at 11 percent but they will be replacing it with much more than the required replacement of 14 caliber inch trees. The size of the NURP pond is 6500 feet. They are going to deed back two and a half acres of the property to the City. It will be an outlot with City ownership. The closest setback from the center of the creek will be 122 feet. The lots will be 13,500 feet and the minimum distance is 50 feet from the creek. Bowman asked what actually was the redelineation. Post indicated they were trying to fill 4/10 of an acre, and now they are at 400 square feet. They eliminated 90 percent of the fill. Bowman stated the NURP pond is 50 feet away from the creek. He asked what is the elevation from the creek. Post responded the actual elevation will be fairly consistent with the top of the bank. It will be sufficient enough to catch all the sedimentation from the high creek. Fox commented it's consistent with the Watershed District requirements. This is an artificial pond with just a wall around it to catch the water settling out the solids and particular matter, and skim the clear water off the top and put that into the creek so the solids stay in the bottom of the pond. Hilgeman was concerned about the NURP pond in the floodplain. Fox replied that with projects like this with the creek, if you put the NURP pond up land, you would make a quarter of the site unable to be developed. ly Parks, recreation and Natural Resources Commission Monday,June 17, 1996 Brown expressed concern about who is going to maintain the property where the NURP pond is located which the City will own. Fox replied the City is responsible. It's part of their Storm Drainage System. Brown expressed concern about flooding even though the Watershed District does not anticipate flooding. Koenig was concerned about what type of species of trees are going to be used for replacement. Post indicated some oak and spruce; and in accordance with Staffs memo, green ash, American basswood, sugar maple, and red maple. Hilgeman asked what trees are included in the 11 percent tree loss. Fox replied there are only three trees being removed, two 50 inch oaks, and a 36 inch cottonwood. Staffs recommendation is to put some deciduous trees back on that site which would be consistent with the types of trees found in that area, which is ash, basswood, red maple and sugar maple. The other recommendation is to put at least one tree per lot as opposed to putting out a screen or barrier along Sunnybrook Road. Bowman asked for a clarification regarding the sidewalks. Post replied there will be sidewalks on the north side of Sunnybrook Road. MOTION: Brown moved, Bowman seconded, to accept Staffs recommendation and approve the project recommendations as stated, in addition, the Commission would like to see as many deciduous trees as possible. Motion carried 4-0. B. Mitchell Village Staff referred the Commission to a memo dated June 13, 1996, from Stuart A. Fox, Manager of Recreation Services; and a Staff Report dated June 7, 1996, from Michael D. Franzen, City Planner. Dan Blake, Centex Homes, reviewed his development proposal with the Commission. This site is diagonally across from the Eden Prairie City Hall. A review of the wetland locations was given. Photos were shown depicting the debris, dumping, and the rapid growth of grass that has taken place over the last couple of years. The views were shown from different angles of the property. Tree loss is estimated at 67 percent. There are 35 significant trees to be removed. Of those 35 trees, 31 are cottonwood trees that range from 12 inches to 16 inches. The tree replacement is in accordance with the EDEN PRAIRIE CITY COUNCIL AGENDA DATE: July 2, 1996 SECTION: PUBLIC HEARINGS ITEM NO. V.L . DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger EDEN PRAIRIE RETAIL(OFFICE DEPOT) Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Zoning District Change from Public to Commercial Regional Service on 4.19 acres; • Approve a Resolution for Comprehensive Guide Plan Change from Public to Regional Commercial on 4.19 acres; • Approve a Resolution for Preliminary Plat of 4.38 acres. Background: The Planning Commission voted unanimously to approve the project at the June 24, 1996 meeting. Supporting Reports: 1. Resolution for Comprehensive Guide Plan Change from Public to Regional Commercial 2. Resolution for Preliminary Plat 3. Staff Report dated 6/21/96 I EDEN PRAIRIE RETAIL (OFFICE DEPOT) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and, WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Eden Prairie Retail (Office Depot)by CSM Corporation for construction of 6,000 square foot building requires the amendment of the Plan; NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota,hereby proposes the amendment of the Plan as follows: 4.19 acres from Public to Regional Commercial all located at Leona Road and Hwy 169. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of July, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk EDEN PRAIRIE RETAIL (OFFICE DEPOT) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PRAIRIE RETAIL(OFFICE DEPOT) BY CSM CORPORATION BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Eden Prairie Retail(Office Depot)for CSM Corporation dated June 25, 1996, consisting of 4.38 acres into 1 lot, 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 2nd day of July, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: June 21, 1996 SUBJECT: Eden Prairie Retail (Office Depot) APPLICANT: CSM Corporation LOCATION: Leona Road and Hwy. 169 REQUEST: 1. Comprehensive Guide Plan Change from Public to Regional Commercial on 4.19 acres. 2. Zoning District Change from Public to Commercial Regional Service on 4.19 acres. 3. Site Plan Review on 4.38 acres. 4. Preliminary Plat of 4.38 acres into one lot. q k/i -.....--,..............._„,.......s.....,..s...,....s........__ :, \ -, / . \ . , :zz.....r.._____-.“ ....\ • 9 .,.....„4. 1 •••:.` r->j • p.. ... ,..- N. .....0 - C.P.!:.1SS RC ' • •.•.•. 5 ...: ::.::: ... -:::::::::: ...:::. V::::::•: .:•:•:•:•:•. C7•711T ER * VIKING PLAZA • D. lE. ...-... . - a..c.;:..40.; 1 .:::::::::::::::::::: ::::::.*::•::::•::i::i:•. • • • • - •. :•:•:•:•:•:•.•• • •• - • • - • - : : . . . . : • • • - • •• • • :••: •:•:•:-:•:•:•.•: . ................ .-,..- , •. . . . . . . . .. • r.,C.;‘-'".- . ,... pti _.' .3 WEST .•:•:;i:::: :i:: 4-- i_:ty.:/.. ••:•H:i:i. .•..•:..:...:...::lg..... ..... ...: :.*::::: ::::::.,:::::::•: i::.: :'::: tr!'..:::::: I aim • •::::::::::::::::.: :::: ::•: :.. .:::.: %...c,s.,::..... .... •.****.- ***•• illlinbt 7 VW/P4 • Ri :::•• •::4::::::. ,.....,, ._, •::, iCi..EWILD........ . ••• ••::_ir •-z• • IOF••7-'1C.E: (..•i i•-7.. 1 1111 \ '., 5%9; 11111 1-17J5 , ik°P.C) Mill 1 ..r,s- V./ •14/ ..----- 66 -;.• Ar:i.: j :„..._.............____ TER E. -.' MARKET I ',/ ir.Vr _.-!•s- VI ES1 : TE;nil 111 .1.11111111"161121 1 je.,.,... .‘,. ,.• ) i 1 _:/,...i , ...,:i., .," '' TREE •.,14#6, a - if-rill ( ... moNT 2;t:M L... , c•Si MVP P F:AIR 11::: •:. •:::::•. .. ...• :•:::::::::: •:::. ..,...,... ,A;.•;••• a yr/ ' E i'.; E:.N ::::::::::::•• . . . • • . ...... - • • - . . . • • • • •. • - •••••• . . . . .. itreoi• :....ENTER • • • .• . •: ":::::.•:. : .:: 4- i - • • • •• • .,.., irmilop •••:•:.:•:•::.• -•:•:::::. -•-,..., 4,111§4,P I A,K F-S PRA1 r•i i F_ fr 49 ..<;?.t4 ....'. .2% ......" /4. * Trri \ C::.N T 7::P. 4, 7 :SiNE:SS AKEs ';';''' -• -1-,-R Ck.i4.,r. 07" 0 '904 NG w:: ::-• . .. - I.,- ( ify :•2:- .(,... 4' a : `.%tii i..:. -' I UNDS . "CETE.NR ?i• HI 1/1 R.L.S•c04, ADD al r39A et.vo. .R F7 AGE g3 flil 141 tvrio.,;1• - Ab:44 , t"*-1.....,,,w/ AI 1,14•4 I 1.1161111V.W.IJIPIATW :44- ....:. -. . ta . > .tt .... FateavrIA -.._ _rA im. . •.,4,1 .0 . cc ' 11111Elia WWI/ . ..., A - -o •- gm w In rti 111....S . . ,,,-.• ..-. .• -- -0 ' •:•:: .•'ck '-- 5.". az . IL . rim& t L L a. ,.....'' _.1- • (:::--. 0 alille _ . — -------- - 4:7 1 11 r . I gl 0 . .iib - Hifi . /41 e•-• ( Eden Prairie Retail (Office Depot) Staff Report June 21, 996 BACKGROUND The 4.19 acre site owned by the Eden Prairie Presbyterian Church is currently guided and zoned Public. The cross-utilization area(.19 acres or 8,373 square feet) proposed to be purchased from the City of Eden Prairie is guided Regional Commercial and zoned Commercial Highway.. COMPREHENSIVE GUIDE PLAN CHANGE Since this is a small site, the change in the Comprehensive Guide Plan will not have a significant impact on the balance of land use for commercial or public in the city. It is a question of compatability with surrounding land uses. Since the surrounding land uses are commercial and office, the proposed commercial use would be compatible. SITE PLAN The site plan shows the construction of an Office Depot, general retail, and a restaurant. The proposed 38,170 square foot building on the church site alone is a base area ratio of.21. The maximum base area ratio allowed in the C-Regional Service Zoning District is .20. The Developer proposes to purchase approximately 8,370 square feet of property from the City in order have enough land to meet the base area ratio requirement. The City and Developer are working out the details of a purchase agreement. The City will still have enough land left to develop a building of 13,272 square feet. Part of this building is for a City liquor store. The site plan meets the required 35 foot setback to parking on one street frontage and the required 17.5 feet on the other two street frontages. The building meets the required 35 foot setback from all street frontages and 10 foot setback from the rear property line. A total of 235 parking spaces are required by City code. A total of 257 parking spaces are shown on the site plan. A total of 22 of these parking spaces would be available (cross-access and use agreement) for use by the City. ARCHITECTURE The building will be constructed out of face brick and glass meeting the 75% exterior requirement for face brick and glass in the Commercial Regional Service Zoning District. Mechanical equipment will be screened by a 3 foot high parapet wall. l0 Eden Prairie Retail(Office Depot) Staff Report June 21, 996 LANDSCAPING The amount of landscaping required is based upon a caliper inch requirement according to building square footage, screening of parking areas and screening of loading areas. The caliper inch requirement is 211 inches. The landscape plan depicts 309 caliper inches. The additional caliper inches and shrub plantings are needed to screen parking areas. A screen wall along the loading dock with a roof over the top will meet the requirements for screening of the loading dock. There are a total of 577 inches of significant trees greater than 12 inches in diameter on the property. These trees are not subject to tree replacement since they are part of a maintained landscape meeting the landscaping requirements for the existing church. STORM WATER QUALITY There are two treatment ponds on the the site plan. UTILITIES There are existing sewer and water services in Leona Road. SIGNS Signs on the building meet city code requirements. The pylon signs meet the height and square footage requirements. The pylon signs must be relocated to 300 feet apart.(currently the spacing is 275 feet). The pylon signs must be relocated to meet the 20 foot setback from street right of way. (Currently the signs are at an 8 foot and 12 foot setback). STAFF RECOMMENDATIONS The staff would recommend approval of the Comprehensive Guide Plan Change from Public to Regional Commercial on 4.19 acres, Zoning District Change from Public to Commercial Regional Servic on 4.19 acres, Site Plan Review on 4.38 acres, and Preliminary Plat of 4.38 acres, based on plans dated June 21, 1996 and subject to the recommendations of the staff report dated June 21, 1996, and subject to the following conditions: 1. Prior to City Council review, the proponent shall: Eden Prairie Retail (Office Depot) Staff Report June 21, 996 A. Relocate pylon signs to meet city code spacing and setbacks. 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. Pay the appropriate cash park fee. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit samples of exterior building materials for review. D. Submit a landscaping and screening bond for review. OPmdcn CITY COUNCIL AGENDA DATE: prairie SECTION: Payment of Claims 7-02-96 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI Checks No. 42872 thru 43333 Action/Direction: Approve payment of claims. COUNCIL CHECK REGISTER TUE, JUN 25, 1996, 12:46 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42872 $79.19 BELLBOY CORPORATION MISC TAXABLE PRESERVE LIQUOR #2 42873 $12,678.20 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 42874 $17,895.40 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 42875 $225.00 LINCOLN DISTRIBUTING CO BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 42876 $13,431.92 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 42878 $994.30 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 42879 $66.00 PAUSTIS & SONS COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 42880 $281.05 PEPSI COLA COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 42881 $48.89 THE WINE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 42882 $34,667.15 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 42883 $50.00 APPLE RIVER CAMPGROUND SPECIAL EVENTS FEES TEEN WORK PROGRAM 42884 $180.00 BRAD ZIOLA OTHER CONTRACTED SERVICES SOFTBALL 42885 $145.83 EDEN PRAIRIE SENIORS SR CITIZENS/ADULT PROG FEES REC SUPERVISOR 42886 $180.00 EMMETT J STARK OTHER CONTRACTED SERVICES STARING LAKE CONCERT 42887 $200.00 JEAN L HARRIS CONFERENCE IN SERVICE TRAINING 42888 $45.00 KATHERINE A TEKIELA INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 42889 $750.00 KIRK A JOHNSON OTHER CONTRACTED SERVICES STARING LAKE CONCERT 42890 $22.50 LOIS NEREIM WILDER INSTRUCTOR SERVICE REC SUPERVISOR 42891 $300.00 MARK K JOHNSON OTHER CONTRACTED SERVICES STARING LAKE CONCERT 42892 $600.00 MARY SUE ENGLUND OTHER CONTRACTED SERVICES STARING LAKE CONCERT 42893 $8,742.05 NORTHERN STATES POWER COMPANY ELECTRIC SEWER LIFTSTATION 42895 $100.00 PAUL PIZNER OTHER CONTRACTED SERVICES STARING LAKE CONCERT 42896 $100.00 PAUL SWANSON OTHER CONTRACTED SERVICES STARING LAKE CONCERT 42897 $572.52 RENAISSANCE CLEVELAND HOTEL CONFERENCE IN SERVICE TRAINING 42898 $650.00 RICHARD ERICKSON OTHER CONTRACTED SERVICES STARING LAKE CONCERT 42899 $216.00 RON WARD OTHER CONTRACTED SERVICES VOLLEYBALL 42900 $439.25 SISINNI FOOD SERVICE MISCELLANEOUS ARTS 1 42901 $100.00 ST MICHAELS LUTHERAN CHURCH OTHER CONTRACTED SERVICES STARING LAKE CONCERT 42902 $100.00 STANLEY BANN OTHER CONTRACTED SERVICES STARING LAKE CONCERT 42903 $4,799.87 US WEST COMMUNICATIONS TELEPHONE SEWER LIFTSTATION 42905 $93,120.01 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 42906 $53.23 UNITED PRODUCTS CORP BUILDING MATERIALS PARK MAINT 42907 $950.00 WEST SUBURBAN COLUMBUS CREDIT CREDIT UNION FD 10 ORG 42908 $60.50 ADELE KRANTZ SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 42909 $52.50 ANN LUSK LESSONS/CLASSES POOL LESSONS 42910 $78.00 B J CARPENTER LESSONS/CLASSES ICE ARENA 42911 $6.00 BARBARA MURPHY SR CITIZENS/ADULT PROG FEES REC SUPERVISOR 42912 $22.00 BETH PEZON LESSONS/CLASSES POOL LESSONS 42913 $62.00 BETSY ERICKSON ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 42914 $56.00 BINH TRANG LESSONS/CLASSES POOL LESSONS 42915 $25.00 BRETT JOHNSON SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 42916 $32.50 CARRIE BUTLER SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 42917 $28.00 CATHY NELSON LESSONS/CLASSES OAK POINT LESSONS 42918 $28.00 CINDY MCPHERSON LESSONS/CLASSES OAK POINT LESSONS 42919 $20.00 COLLEN SMITH SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 42920 $25.00 CYNTHIA ERICSON LESSONS/CLASSES POOL LESSONS 42921 $49.00 DARLENE PETERSON LESSONS/CLASSES POOL LESSONS 42922 $32.00 DAVE CASSIN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 42923 $21.00 DEB STOCCO ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 42924 $55.00 DEB TESKE ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 42925 $56.00 DEB WRENHOLT LESSONS/CLASSES OAK POINT LESSONS 42926 $3.50 DEBBIE MOORE LESSONS/CLASSES OAK POINT LESSONS 42927 $78.00 DEBORAH FISHER LESSONS/CLASSES ICE ARENA 42928 $28.00 DELLORA COLEMAN SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 42929 $16.00 DENNIS & JUDITH EWING SR CITIZENS/ADULT PROG FEES REC SUPERVISOR COUNCIL CHECK REGISTER TUE, JUN 25, 1996, 12:46 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42930 $32.50 DEVENA HAYES SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 42931 $28.00 DIANE PHEPSEN LESSONS/CLASSES OAK POINT LESSONS 42932 $29.00 GALE REINA LESSONS/CLASSES POOL LESSONS 42933 $32.50 GLADYS BODLUND SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 42934 $65.00 GREG HOVDE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 42935 $26.00 HELEN GUNTHER ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 42936 $56.00 JACKIE FABER LESSONS/CLASSES OAK POINT LESSONS 42937 $28.00 JANE EDWARDSON LESSONS/CLASSES OAK POINT LESSONS 42938 $21.50 JANE WALLACE LESSONS/CLASSES POOL LESSONS 42939 $56.00 JILL HUGHES LESSONS/CLASSES OAK POINT LESSONS 42940 $157.00 JOE BARSKY LESSONS/CLASSES POOL LESSONS 42941 $48.00 JUDY CORRIGAN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 42942 $52.50 JULIE DURDA LESSONS/CLASSES OAK POINT LESSONS 42943 $28.00 JULIE MUSECH LESSONS/CLASSES POOL LESSONS 42944 $56.00 KATHY ENDRES LESSONS/CLASSES OAK POINT LESSONS 42945 $28.00 KATHY UECKER LESSONS/CLASSES POOL LESSONS .2946 $28.00 KRISTEN DODGE LESSONS/CLASSES POOL LESSONS 42947 $60.50 LAVERNE ANDERSON SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 42948 $78.00 LEROY CODY ADULT/YOUTH/OUTDOOR CTR PROG ARTS CAMP 42949 $71.00 LINDA SARNA ADULT/YOUTH/OUTDOOR CTR PROG ARTS CAMP 42950 $48.00 LISA BERG ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 42951 $74.00 LISA FOX ADULT/YOUTH/OUTDOOR CTR PROG ACTIVITY CAMP 42952 $24.50 LISA MATULA LESSONS/CLASSES POOL LESSONS 42953 $53.00 MARILYN BOTHUN LESSONS/CLASSES POOL LESSONS 42954 $28.00 MARK BRAGEN LESSONS/CLASSES OAK POINT LESSONS 42955 $56.00 MARY IMES LESSONS/CLASSES POOL LESSONS 42956 $56.00 MARY JO BRUNNER LESSONS/CLASSES OAK POINT LESSONS 42957 $48.00 MARY JO OHARA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 42958 $45.00 MARY THIELEN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 42959 $56.00 MITCHELL SMITH LESSONS/CLASSES OAK POINT LESSONS 42960 $148.00 NANCY TARAN ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP 42961 $36.00 NICOLE TROVATO LESSONS/CLASSES ICE ARENA 42962 $28.00 NINA GRAVELLE LESSONS/CLASSES OAK POINT LESSONS 42963 $32.50 ORV HEIN SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 42964 $25.00 PAM BORGMAN LESSONS/CLASSES POOL LESSONS 42965 $28.00 PATRICIA SALMAN LESSONS/CLASSES POOL LESSONS 42966 $56.00 RENEE MATTHEISEN LESSONS/CLASSES POOL LESSONS 42967 $24.50 SANDRA RUSSEN LESSONS/CLASSES OAK POINT LESSONS 42968 $21.00 SANDY GULLFOIL ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 42969 $56.00 SHEILA MILLER LESSONS/CLASSES OAK POINT LESSONS 42970 $56.00 SUE ANDERSON LESSONS/CLASSES OAK POINT LESSONS 42971 $28.00 SUE KUBLER LESSONS/CLASSES OAK POINT LESSONS 42972 $48.00 SUMA KOLLA ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND 42973 $65.00 SUSAN NORD ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 42974 $41.00 SUSAN SCHREPEL LESSONS/CLASSES FITNESS CLASSES 42975 $28.00 SUSAN SORENSON LESSONS/CLASSES OAK POINT LESSONS 42976 $28.00 'TERRI TOMLINSON LESSONS/CLASSES POOL LESSONS 42977 $14.00 VIOLET LAPPIN SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 42978 $32.50 VIRGINIA ENGLEMAN SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 42979 $96.00 WARYOUSH FARAHANI ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON ADVENTURE 43017 $104.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES REC SUPERVISOR 43018 $38.00 APPLE RIVER CAMPGROUND SPECIAL EVENTS FEES TEEN WORK PROGRAM 43019 $90,682.00 BECKER ARENA PRODUCTS INC OTHER EQUIPMENT COMMUNITY CTR KOO 43020 $175.73 BRUNSWICK BOWLING LANES CHEMICALS SPECIAL EVENTS/TRIPS 43021 $278.23 CIRCUS PIZZA CHEMICALS SPECIAL EVENTS/TRIPS COUNCIL CHECK REGISTER TUE, JUN 25, 1996, 12:46 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 43022 $125.10 CLIFF CRACAUER EQUIPMENT PARTS EQUIPMENT MAINT 43023 $702.90 DIAMOND T RANCH CHEMICALS SPECIAL EVENTS/TRIPS 43024 $55.00 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL ROUND LAKE MARINA 43025 $238.50 HORIZONS UNLIMITED INSTRUCTOR SERVICE ADULT PROGRAM 43026 $161.22 JIM TORNUE OPERATING SUPPLIES-GENERAL SUMMER SKILL DEVELOP 43027 $75.00 KEN JOHNSON INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 43028 $420.00 SUPERIOR WHITEWATER INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 43029 $2,945.79 US POSTMASTER POSTAGE COMMUNITY SERVICES 43030 $80.00 ABES ALES AND BEERS BEER 6/12 PRESERVE LIQUOR #2 43031 $56.50 BELLBOY CORPORATION BEER 6/12 PRAIRE VIEW LIQUOR #3 43032 $12,054.25 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 43033 $20,798.72 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 43034 $13,658.65 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 43035 $613.05 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 43036 $302.10 PEPSI COLA COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 43037 $22,048.15 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 43038 $128.30 ANOKA CO GOVT CTR GARNISHMENT WITHHELD FD 10 ORG 43039 $408.96 CARVER CO CHILD SUPPORT UNIT GARNISHMENT WITHHELD FD 10 ORG 43040 $300.00 FEDERAL RESERVE BANK OF MPLS BOND DEDUCTION FD 10 ORG 43041 $8,090.50 GREAT WEST LIFE AND ANNUITY DEFERRED COMP FD 10 ORG 43042 $545.55 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG 43043 $4,364.22 I.C.M.A. RETIREMENT TRUCT-457 DEFERRED COMP FD 10 ORG 43044 $1,335.00 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG 43045 $332.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG 43046 $227.42 MINNESOTA DEPT OF REVENUE GARNISHMENT WITHHELD FD 10 ORG 43047 $1,907.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG 43048 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG 43049 $44,006.39 PUBLIC EMPLOYEES RETIREMENT AS LIFE INSURANCE W/H FD 10 ORG 43050 $189.00 UNITED WAY UNITED WAY WITHHELD FD 10 ORG 43051 $92.17 A TO Z RENTAL CENTER EQUIPMENT RENTAL ROUND LAKE 43052 $220.00 AAA LAMBERTS LANDSCAPE PRODUCT OPERATING SUPPLIES-GENERAL STREET MAINT 43053 $149.10 ACT ELECTRONICS INC OPERATING SUPPLIES-GENERAL TCD INVENTORY 43054 $2,165.10 ALL AMERICAN AQUATICS CLOTHING & UNIFORMS POOL OPERATIONS 43055 $163.25 AMERICAN PHOTO COPY OFFICE SUPPLIES GENERAL 43056 $533.88 AMERICAN RED CROSS REC EQUIP & SUPPLIES POOL LESSONS 43057 $654.88 ANCHOR PAPER COMPANY PRINTING PROGRAM SUPERVISOR 43058 $1,769.00 . ANCHOR PRINTING COMPANY OFFICE SUPPLIES COMMUNITY CENTER ADMIN 43059 $42.98 AQUA ENGINEERING INC OPERATING SUPPLIES-GENERAL STREET MAINT 43060 $165.18 ARMOR SECURITY INC CONTRACTED REPAIR & MAINT OUTDOOR CTR-STARING LAKE 43061 $100.00 ASSOCIATION OF METRO MUNICIPAL MEETING EXPENSES IN SERVICE TRAINING 43062 $298.02 ASTLEFORD EQUIPMENT COMPANY IN CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 43063 $830.28 AVR INC SIDEWALK REPLACEMENT STREET MAINT 43064 $7.72 B & S TOOLS SMALL TOOLS EQUIPMENT MAINT 43065 $181.87 BACHMANS CREDIT DEPT AWARDS COUNCIL 43066 $1,247.35 BACONS ELECTRIC COMPANY CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 43067 $93.53 BAN-KOE SYSTEMS INC OFFICE SUPPLIES COMMUNITY CENTER ADMIN 43068 $103.31 BAUER BUILT TIRE AND BATTERY EQUIPMENT PARTS EQUIPMENT MAINT 43069 $1,572.42 BELLBOY CORPORATION OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 43071 $649.65 BENIEK LAWN SERVICE OTHER CONTRACTED SERVICES PARK MAINT 43072 $16,765.76 BENSHOOF & ASSOCIATES INC DESIGN & CONST E.P. TRANSPORTATION PLAN 43073 $145.00 BERNE SCALE CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 43074 $8,053.28 BIFFS INC WASTE DISPOSAL ADA PROGRAMS 43078 $889.39 BILL CLARK OIL CO INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 43079 $80.00 BILL DROEGER OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 43080 $177,116.10 BLACK & VEATCH DESIGN & CONST 10 MGD WATER PLANT EXPANSION LI COUNCIL CHECK REGISTER TUE, JUN 25, 1996, 12:46 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 43081 $195.00 BLAYLOCK PLUMBING CO OTHER CONTRACTED SERVICES MILLER PARK 43082 $72.80 BLUE BELL ICE CREAM MERCHANDISE FOR RESALE ROUND LAKE CONCESSIONS 43083 $1,914.63 BRAUN INTERTEC CORPORATION PROFESSIONAL SERVICES PAFKO 2ND ADDITION 43084 $508.50 BRENDA JERDE OTHER CONTRACTED SERVICES SPECIAL EVENTS 43085 $1,119.15 BRYAN ROCK PRODUCTS INC CONTRACTED REPAIR & MAINT STORM DRAINAGE 43086 $173.54 BUDGET PLUMBING CORP CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 43087 $69.96 BUREAU OF BUSINESS PRACTICE DUES & SUBSCRIPTIONS EP CITY CTR OPERATING COSTS 43088 $216.95 BUSINESS & LEGAL REPORTS INC TRAINING SUPPLIES SEWER UTILITY-GEN 43089 $167.86 CAPITOL COMMUNICATIONS NEW CAR EQUIPMENT EQUIPMENT MAINT 43090 $3,000.00 CARLSON COUNSELING AND CONSULT EMPLOYEE ASSISTANCE BENEFITS 43091 $98.00 CASH REGISTER SERVICE & SALES REPAIR & MAINT SUPPLIES CONCESSIONS 43092 $314.94 CATCO CLUTCH & TRANSMISSION SE EQUIPMENT PARTS EQUIPMENT MAINT 43093 $2,195.88 CENTRAIRE INC CONTRACTED BLDG MAINT PUBLIC WORKS/PARKS 43094 $659.43 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINT 43096 $180.00 CHRIS JESSEN OTHER CONTRACTED SERVICES SOFTBALL 43097 $360.00 CITY OF EDINA CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE 43098 $13.75 CITY OF RICHFIELD MEETING EXPENSES REC SUPERVISOR 43099 $191.70 CLARK J JOHNSON OTHER CONTRACTED SERVICES TREE REMOVAL 43100 $409.38 CLUTS 0 BRIEN STROTHER ARCHITE PROFESSIONAL SERVICES ADMINISTRATION 43101 $70.00 CO 2 SERVICES CHEMICALS POOL MAINTENANCE 43102 $830.82 CONNEY SAFETY PRODUCTS CLEANING SUPPLIES WATER TREATMENT PLANT 43103 $46.73 CROWN MARKING INC OPERATING SUPPLIES-GENERAL GENERAL 43104 $70.97 CURTIN MATHESON SCIENTIFIC INC OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINT 43105 $37.70 CUSHMAN MOTOR COMPANY INC EQUIPMENT PARTS EQUIPMENT MAINT 43106 $10,061.56 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 43107 $97.00 D C HEY COMPANY CONTRACTED EQUIP REPAIR WATER UTILITY-GEN 43108 $59.63 D J'S MUNICIPAL SUPPLY INC OPERATING SUPPLIES-GENERAL STREET MAINT 43109 $44.18 DALCO OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 43110 $252.00 DAN DESAULNIERS OTHER CONTRACTED SERVICES SOFTBALL 43111 $969.71 DANKO EMERGENCY EQUIPMENT CO EQUIPMENT PARTS SEWER SYSTEM MAINT 43112 $365.85 DECORATIVE DESIGNS INC RENTALS EP CITY CTR OPERATING COSTS 43113 $379.25 DIRECT SAFETY CO CLEANING SUPPLIES WATER TREATMENT PLANT 43114 $15.00 DONALD ATKINS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 43115 $1,896.00 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT 1 43116 $681.76 DYNA SYSTEMS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 43117 $1,943.14 EARL F ANDERSON SIGNS TRAFFIC SIGNALING 43118 $2,686.50 EDEN PRAIRIE SCHOOL DISTRICT N GYM RENTAL VOLLEYBALL 43119 $10,000.00 EIDE HELMEKE PLLP AUDIT & FINANCIAL FINANCE DEPT 43120 $131.14 ELVIN SAFETY SUPPLY INC OPERATING SUPPLIES-GENERAL JUNIOR AFTERNOON PLAYGROUND 43121 $364.25 EMERGENCY APPARATUS MAINTENANC CONTRACTED REPAIR & MAINT FIRE 43122 $403.20 ERIC SIT OTHER CONTRACTED SERVICES SUMMER SKILL DEVELOP 43123 $418.33 EUGEN R ELLEFSON POSTAGE GENERAL 43124 $945.90 EULL CONCRETE PRODUCTS INC REPAIR & MAINT SUPPLIES STORM DRAINAGE 43125 $22.50 FEDEX POSTAGE EDEN PRAIRIE CENTER 43126 $64.96 FERRELLGAS MOTOR FUELS ICE ARENA 43127 $398.99 FIBRCOM COMMUNICATIONS POLICE 43128 $372.50 FINLEY BROS INC BLDG REPAIR & MAINT HOMEWARD HILLS PARK 43129 $36.00 FIRE FINDINGS OPERATING SUPPLIES-GENERAL IN SERVICE TRAINING 43130 $65.09 FISCHER AGGREGATES INC LANDSCAPE MTLS & AG SUPPL TRAIL CONST 43131 $3,521.00 FISHER ENTERPRISE CONTRACTED REPAIR & MAINT WATER SYSTEM MAINT 43132 $7,918.34 FLANAGAN SALES INC IMPROVEMENT CONTRACTS ADA PROGRAMS 43133 $359.97 FLOYD TOTAL SECURITY OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 43134 $100.00 FUN CHARACTERS PROFESSIONAL SERVICES OAK POINT SPECIAL EVENTS 43135 $170.44 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS EPCC MAINTENANCE 43136 $455.65 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA of COUNCIL CHECK REGISTER TUE, JUN 25, 1996, 12:46 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 43137 $275.00 GARY DIETHELM OTHER CONTRACTED SERVICES CEMETARY OPERATION 43138 $5,250.00 GEC MACHINERY EQUIPMENT CAPITAL OUTLAY TRAILS 43139 $1,583.62 GENERAL OFFICE PRODUCTS COMPAN FURNITURE & FIXTURES WATER TREATMENT PLANT 43140 $144.00 GERALD 0 ZAHN OTHER CONTRACTED SERVICES VOLLEYBALL 43141 $99.50 GETTMAN COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 43142 $711.50 GOLD COUNTRY INC SIGNATURE CON CLOTHING & UNIFORMS STREET MAINT 43143 $477.99 GOODYEAR COMMERCIAL TIRE & SER TIRES EQUIPMENT MAINT 43144 $182.00 GOPHER STATE ONE-CALL INC OTHER CONTRACTED SERVICES WATER SYSTEM MAINT 43145 $20.50 GROTH SEWER AND WATER BLDG SURCHARGES PLUMBING SURCHARGE 43146 $412.10 GROVE NURSERY CENTER LANDSCAPE MTLS & AG SUPPL RILEY LAKE 43147 $153.00 GUNNAR ELECTRIC CO INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 43148 $361.60 HACH COMPANY OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 43149 $13,472.69 HANSEN THORP PELLINEN OLSON PROFESSIONAL SERVICES PAFKO 2ND ADDITION 43150 $547.50 HAWK LABELING SYSTEMS OPERATING SUPPLIES-GENERAL PARK MAINT 43151 $385.00 HEAVENLY HAM MEETING EXPENSES POLICE 43152 $80.00 HENNEPIN COUNTY PUBLIC RECORDS RECORDING DOCUMENT FEE ENGINEERING DEPT 43153 $272.27 HENNEPIN COUNTY SHERIFF BOARD OF PRISONERS SVC POLICE 43154 $733.75 HENNEPIN COUNTY TREASURER PRINTING PARK MAINT 43155 $137.60 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINT 43156 $499.22 HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL PARK MAINT 43157 $119.96 HOSP. SUPPLY SCIENTIFIC PROD OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 43158 $221.99 INDUSTRIAL LIGHTING SUPPLY INC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 43159 $560.00 INFRATECH CONTRACTED REPAIR & MAINT STORM DRAINAGE 43160 $138.38 IRISH INC OPERATING SUPPLIES-GENERAL SAFETY 43161 $25,394.00 J A PRICE AGENCY INC INSURANCE GENERAL 43162 $1,012.42 J J KELLER & ASSOCIATES INC INSURANCE SEWER UTILITY-GEN 43163 $346.12 JB LAWN LANDSCAPING & SNOWPLOW OTHER CONTRACTED SERVICES CEMETARY OPERATION 43164 $1,020.00 JFI CORPORATION CONTRACTED REPAIR & MAINT POLICE 43165 $672.00 KEEP EM ALIVE INC SCHOOLS SAFETY 43166 $300.00 KIRK LINDBERG SOFTBALL VIOLATION FEES SOFTBALL 43167 $464.77 LAB SAFETY SUPPLY INC OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINT 43168 $1,298.50 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS PUBLIC WORKS/PARKS 43169 $2,473.42 LAKE REGION VENDING MISC TAXABLE PRAIRE VIEW LIQUOR #3 43170 $930.06 LAKELAND FORD TRUCK SALES CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 43171 $16,330.81 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE RESERVE 43172 $72.00 LARRY G HILLARD OTHER CONTRACTED SERVICES SOFTBALL 43173 $789.66 LASER GRAPHICS OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 43174 $56,397.50 LEAGUE OF MINNESOTA CITIES INS WORKMANS COMP INS BENEFITS 43175 $4,931.88 LEAGUE OF MINNESOTA CITIES INS INSURANCE GENERAL 43176 $360.00 LEE BRANT OTHER CONTRACTED SERVICES SOFTBALL 43177 $610.00 LEE RAY OTHER CONTRACTED SERVICES SOFTBALL 43178 $353.40 LEHMANN FARMS MISC TAXABLE PRAIRE VIEW LIQUOR #3 43179 $277.11 LESCO INC CHEMICALS STREET MAINT 43180 $70.00 LINDA KLOECKER ADVERTISING OAK POINT SPECIAL EVENTS 43181 $660.00 LIQUID CARBONIC CHEMICALS WATER TREATMENT PLANT 43182 $30.00 LOCATOR & MONITOR SALES CONTRACTED EQUIP REPAIR WATER SYSTEM MAINT 43183 $60.00 LOES OIL COMPANY WASTE DISPOSAL EQUIPMENT MAINT 43184 $158.15 LOFFLER BUSINESS SYSTEMS INC OFFICE SUPPLIES GENERAL 43185 $181.00 LORENZ BUS SERVICE INC TRANSPORTATION ADULT PROGRAM 43186 $97.16 LYNDELL F FREY USE OF PERSONAL AUTO PROGRAM SUPERVISOR 43187 $54.00 LYNDELL F FREY OTHER CONTRACTED SERVICES VOLLEYBALL 43188 $692.98 LYONS SAFETY CLEANING SUPPLIES WATER TREATMENT PLANT 43189 $257.10 M C INDUSTRIES INC OPERATING SUPPLIES-GENERAL SPECIAL EVENTS/TRIPS 43190 $566.75 MACKUBIN AUTOMATION OFFICE EQUIPMENT WATER ACCTG 43191 $263.92 MACQUEEN EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINT 6 COUNCIL CHECK REGISTER TUE, JUN 25, 1996, 12:46 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 43192 $150.00 MARY FREY OTHER CONTRACTED SERVICES VOLLEYBALL 43193 $684.00 MASON CUTTERS REPAIR & MAINT SUPPLIES STORM DRAINAGE 43194 $352.70 MASUNE COMPANY REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT 43195 $514.43 MAUN & SIMON PLC LEGAL SERVICE LEGAL COUSEL 43196 $700.78 MAXI-PRINT INC PRINTING POLICE 43197 $196.00 MEDICINE LAKE LINES TRANSPORTATION ADULT PROGRAM 43198 $1,837.00 MEDICINE LAKE TOURS OPERATING SUPPLIES-GENERAL ADULT PROGRAM 43199 $110.00 MEDTOX PROFESSIONAL SERVICES SAFETY 43200 $178.66 MERLINS ACE HARDWARE OPERATING SUPPLIES-GENERAL ROUND LAKE-BEACH 43201 $305.00 METRO SALES INCORPORATED OFFICE SUPPLIES GENERAL 43202 $43.74 MID AMERICA PLACTICS INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 43203 $22.85 MID AMERICA POWER DRIVES EQUIPMENT PARTS EQUIPMENT MAINT 43204 $6,126.67 MIDWEST ASPHALT CORPORATION GRAVEL STREET MAINT 43205 $228.00 MIDWEST COCA COLA BOTTLING COM MERCHANDISE FOR RESALE CONCESSIONS 43206 $2,000.00 MIDWEST FIRE PROTECTION INC BUILDING SENIOR CENTER 43207 $389.00 MILLAR ELEVATOR SERVICE CO REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 43208 $162.36 MINNCOMM PAGING COMMUNICATIONS INSPECTION-ADM 43209 $2,446.92 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL 43210 $580.73 MINNESOTA CONWAY CONTRACTED REPAIR & MAINT FIRE 43211 $138.00 MINNESOTA COUNTIES INS TRUST PROFESSIONAL SERVICES SAFETY 43212 $100.00 MINNESOTA RECREATION AND PARK ADVERTISING OAK POINT SPECIAL EVENTS 43213 $32.00 MN CHAPTER TEI MEETING EXPENSES IN SERVICE TRAINING 43214 $46.85 MN COUNTY ATTORNEYS ASSOC POLICE EQUIPMENT POLICE 43215 $345.00 MN DEPT OF REVENUE DUES & SUBSCRIPTIONS ASSESSING-ADM 43216 $222.00 MN FOUNDATION FOR BETTER OTHER CONTRACTED SERVICES ACCESSIBILITY 43217 $780.00 MN POLLUTION CONTROL AGENCY LICENSES & TAXES WATER WELL #6 43218 $236.43 MN TROPHIES & GIFTS OPERATING SUPPLIES-GENERAL FIRE 43219 $300.00 MN VALLEY LANDSCAPE INC OTHER CONTRACTED SERVICES RED ROCK LAKE ACCESS 43220 $479.45 MOORE MEDICAL CORP SAFETY SUPPLIES FIRE 43221 $293.97 MTI DISTRIBUTING CO REPAIR & MAINT SUPPLIES PARK MAINT 43222 $100.38 NATIONAL CITY BANK PAYING AGENT B & I PAYMENTS 43223 $215.00 NATIONAL RECREATION AND PARK A DUES & SUBSCRIPTIONS IN SERVICE TRAINING 43224 $695.52 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 43225 $146.00 NATIVE AMERICAN TECHNOLOGIES REC EQUIP & SUPPLIES HERITAGE PRESERVATION 43226 $656.70 NEBCO EVANS DISTRIBUTING MERCHANDISE FOR RESALE CONCESSIONS 43227 $42.58 NORTHERN EQUIPMENT PARTS WATER SYSTEM MAINT 43228 $345.06 OCHS BRICK AND TILE COMPANY REPAIR & MAINT SUPPLIES STORM DRAINAGE 43229 $839.44 OLSON CHAIN & CABLE CO INC EQUIPMENT PARTS WATER SYSTEM MAINT 43230 $65.00 OPM INFORMATION SYSTEMS CONTRACTED EQUIP REPAIR WATER UTILITY-GEN 43231 $628.35 OUTDOOR ENVIRONMENTS INC MOWING STREET MAINT 43232 $86.05 PAPER WAREHOUSE OPERATING SUPPLIES-GENERAL PRESCHOOL PLAYGROUND 43233 $223.40 PARK NICOLLET CLINIC HEALTHSYS PHYSICAL & PSYCO EXAM SAFETY 43234 $683.86 PARKSIDE PRINTING INC PRINTING REC SUPERVISOR 43235 $144.92 PENN RACQUET SPORTS OPERATING SUPPLIES-GENERAL YOUTH TENNIS 43236 $126.00 PETER SMITH OTHER CONTRACTED SERVICES VOLLEYBALL 43237 $84.16 PH WAREHOUSE SALES INC OPERATING SUPPLIES-GENERAL PARK MAINT 43238 $724.20 ' PICHA GREENHOUSE OPERATING SUPPLIES-GENERAL ROUND LAKE 43239 $667.30 PINNACLE DISTRIBUTING MISC TAXABLE PRAIRE VIEW LIQUOR #3 43240 $1,389.76 POWERTEX SPORTSWEAR INC OPERATING SUPPLIES-GENERAL OAK POINT SPECIAL EVENTS 43241 $677.78 PRAIRIE ELECTRIC COMPANY REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 43242 $392.19 PRAIRIE OFFSET PRINTING PRINTING HERITAGE PRESERVATION 43243 $78.55 PRECISION BUSINESS SYSTEMS INC CONTRACTED EQUIP REPAIR WATER UTILITY-GEN 43244 $10,967.25 PRECISION PAVEMENT MARKING CONTRACTED STRIPING TRAFFIC SIGNALING 43245 $984.06 PRECISION TURF & CHEMICAL INC CHEMICALS PARK MAINT 43246 $200.00 PREVENTION PLUS INC SCHOOLS SAFETY COUNCIL CHECK REGISTER TUE, JUN 25, 1996, 12:46 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 43247 $75.00 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES ICE ARENA 43248 $47.93 PRO SOURCE FITNESS REPAIR & MAINT SUPPLIES FITNESS CENTER 43249 $101.57 QUALITY FLOW SYSTEMS INC EQUIPMENT PARTS SEWER LIFTSTATION 43250 $859.44 QUALITY WASTE CONTROL INC WASTE DISPOSAL FIRE STATION #1 43251 $65.54 R AND R SPECIALITIES INC REPAIR & MAINT SUPPLIES ICE ARENA 43252 $158.57 RC IDENTIFICATIONS INC OFFICE SUPPLIES POLICE 43253 $155.12 RDO EQUIPMENT CO EQUIPMENT PARTS EQUIPMENT MAINT 43254 $441.21 REBS MARKETING OTHER CONTRACTED SERVICES WATER ACCTG 43255 $107.57 REGAL CLEANERS PROFESSIONAL SERVICES POLICE 43256 $243.46 RICHARDS ASPHALT COMPANY PATCHING ASPHALT STREET MAINT 43257 $126.25 RICMAR INDUSTRIES PATCHING ASPHALT STREET MAINT 43258 $990.00 RIDGEDALE ELECTRIC INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 43259 $2,311.17 RIEKE CARROLL MULLER ASSOCIATE PROFESSIONAL SERVICES FLYING CLOUD SANITARY SEWER 43260 $85.86 RITZ CAMERA OPERATING SUPPLIES-GENERAL TREE DISEASE 43261 $16.65 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 43262 $108.28 SALLY DISTRIBUTORS OPERATING SUPPLIES-GENERAL OAK POINT SPECIAL EVENTS 43263 $1,617.88 SAVOIE SUPPLY CO INC SEAL COATING CONTRACTED STREET MAINT 43264 $139.76 SEELYE PLASTICS INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 43265 $404.15 SHIELY COMPANY REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT 43266 $575.10 SIGNSOURCE BLDG REPAIR & MAINT MILLER PARK 43267 $423.99 SIGNUM GRAPHIC SYSTEMS INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALING 43268 $1,475.03 SIMPLEX TIME RECORDER CO CONTRACTED REPAIR & MAINT EPCC MAINTENANCE 43269 $50.00 SIMUNITION TRAINING SUPPLIES POLICE 43270 $183.58 SIR SPEEDY OFFICE SUPPLIES GENERAL 43271 $401.25 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINT 43272 $372.75 SOKKIA MEASURING SYSTEMS OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 43273 $157.50 SOURCECOM OPERATING SUPPLIES-GENERAL PARK PLAN & DEVELOP 43274 $436.96 SOUTH TOWN REFRIGERATION INC CONTRACTED EQUIP REPAIR PRAIRIE VILLAGE LIQUOR #1 43275 $6,661.97 SOUTHWEST SUBURBAN CABLE COMMI CABLE TV GENERAL 43276 $87.75 SOUTHWEST SUBURBAN PUBLISHING EMPLOYMENT ADVERTISING HUMAN RESOURCES 43277 $2,249.53 SOUTHWEST SUBURBAN PUBLISHING ADVERTISING COMMUNITY CENTER ADMIN 43278 $409.75 SPECIALTY TECHNICAL PUBLISHERS DUES & SUBSCRIPTIONS SEWER UTILITY-GEN 43279 $398.64 SRF CONSULTING GROUP INC PROFESSIONAL SERVICES DELL ROAD 43280 $468.20 ST JOSEPH EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINT 43281 $286.78 ST PAUL BOOK & STATIONERY OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 43282 $23.36 STAR TRIBUNE MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 43283 $157.40 STAR TRIBUNE LEGAL NOTICES PUBLISHING GENERAL 43284 $69.00 STATE TREASURER STATE OF MN LICENSES & TAXES SEWER UTILITY-GEN 43285 $50.00 STEVE KUDEBEH OTHER CONTRACTED SERVICES ADULT HOCKEY 43286 $119.00 STOREY COMMUNICATIONS INC FIRE PREVENTION SUPPLIES FIRE 43287 $47.39 STRAND MANUFACTURING CO INC EQUIPMENT PARTS SEWER LIFTSTATION 43288 $544.69 STREICHERS TRAINING SUPPLIES POLICE 43289 $121.95 STRINGER BUSINESS SYSTEMS INC CONTRACTED REPAIR & MAINT GENERAL 43290 $63.19 STUMPS ONE PARTY PLACE OPERATING SUPPLIES-GENERAL OAK POINT SPECIAL EVENTS 43291 $161.66 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINT 43292 $45.95 SUMMIT FITNESS SERVICES TRAINING SUPPLIES FIRE 43293 $1,691.41 SUPERIOR FORD CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 43294 $601.51 SYSTECH SERVICES CONTRACTED COMM MAINT POLICE 43295 $151.77 TANDEM CORP SA REVENUE $636046.53 SYRS 7.5% 43296 $355.39 THE DALE GREEN COMPANY LANDSCAPE MTLS & AG SUPPL PARK MAINT 43297 $503.48 THE SKETCH PAD PRINTING FINANCE DEPT 43298 $3,207.66 THE WORK CONNECTION OTHER CONTRACTED SERVICES PARK MAINT 43299 $74.04 THERMA-STOR PRODUCTS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 43300 $40.52 TNEMEC COMPANY INC REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT 43301 $120.14 TOLL GAS AND WELDING SUPPLY REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT 3 COUNCIL CHECK REGISTER TUE, JUN 25, 1996, 12:46 PM , CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 43302 $447.94 TRIARCO OPERATING SUPPLIES-GENERAL HERITAGE PRESERVATION 43303 $2,961.88 TRIPLE A FARMS CITY CENTER GROUNDS MNTC FIRE STATION #3 43304 $208.25 TWIN CITY GARAGE DOOR CO CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 43305 $244.56 TWIN CITY OXYGEN CO LUBRICANTS & ADDITIVES EQUIPMENT MAINT 43306 $84.95 TWIN CITY TIRE CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 43307 $647.05 UNIFORMS UNILIMITED NEW CAR EQUIPMENT EQUIPMENT MAINT 43308 $30.00 UNITED FIREFIGHTERS ASSN DUES & SUBSCRIPTIONS FIRE 43309 $50.49 UNITED LABORATORIES CLEANING SUPPLIES WATER TREATMENT PLANT 43310 $84.26 UNLIMITED SUPPLIES INC OPERATING SUPPLIES-GENERAL EQUIPMENT MAINT 43311 $831.27 US WEST COMMUNICATIONS CONTRACTED REPAIR & MAINT E-911 PROGRAM 43312 $8,779.84 VALLEY RICH CO INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINT 43313 $60.00 VALUATION INTL LTD OPERATING SUPPLIES-GENERAL IN SERVICE TRAINING 43314 $20.00 W E NEAL SLATE CO OPERATING SUPPLIES-GENERAL PARK MAINT 43315 $226.66 W W GRAINGER INC REPAIR & MAINT SUPPLIES ICE ARENA 43316 $870.25 WALTERS SWIM SUPPLIES INC FURNITURE & FIXTURES OAK POINT OPERATIONS 43317 $695.74 WARNING LIGHTS OF MINNESOTA OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALING 43318 $105.81 WASTE MANAGEMENT - SAVAGE WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 43319 $546.97 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 43320 $5,825.94 WATERPRO SUPPLIES CORPORATION REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT 43322 $82.83 WAYTEK INC OPERATING SUPPLIES-GENERAL PARK MAINT 43323 $160.00 WBCS PRINTING HERITAGE PRESERVATION 43324 $150.00 WEATHER WATCH INC OTHER CONTRACTED SERVICES SNOW & ICE CONTROL 43325 $20.24 WESTSIDE EQUIPMENT EQUIPMENT PARTS EQUIPMENT MAINT 43326 $1,269.00 WILBUR W SCHULTZ OTHER CONTRACTED SERVICES SOFTBALL 43327 $634.00 WILLIAM T NEWELL OPERATING SUPPLIES-GENERAL SOFTBALL 43328 $134.75 WM MUELLER AND SONS INC PATCHING ASPHALT STREET MAINT 43329 $329.19 X-ERGON REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 43330 $555.97 YALE INCORPORATED OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 43331 $739.98 ZEE MEDICAL SERVICE OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINT 43332 $280.99 ZEP MANUFACTURING CO LUBRICANTS & ADDITIVES EQUIPMENT MAINT 43333 $475.49 ZIEGLER INC CONTRACTED REPAIR & MAINT CIVIL DEFENSE $939,196.27* 9 COUNCIL CHECK SUMMARY TUE, JUN 25, 1996, 12:46 PM DIVISION TOTAL N/A $0.50 CONTINGENCY $4,155.90 COUNCIL $63.75 LEGAL COUNSEL $514.43 GENERAL SERVICES $18,939.84 EMPLOYEE BENEFITS & TRAINING $60,861.75 FINANCE $10,503.48 HUMAN RESOURCES $2,773.88 COMMUNITY SERVICES $2,945.79 ENGINEERING $452.75 INSPECTIONS $73.44 FACILITIES $16,118.23 ASSESSING $345.00 CIVIL DEFENSE $518.29 POLICE DEPT $17,752.43 FIRE DEPT $3,843.08 PARK & REC ADMINISTRATION $157.50 STREET DEPT $32,352.44 PARKS $16,691.45 CAPITAL OUTLAY $274.92 STREET LIGHTING $375.91 EQUIP MAINT $8,401.14 ORGANIZED ATHLETICS $7,802.24 PLANNING $550.49 COMMUNITY CENTER $10,040.51 BEACHES $1,629.73 HISTORICAL CULT $754.32 YOUTH RECREATION $5,779.45 SPECIAL EVENTS $985.30 ADULT RECREATION $3,934.02 ADAPTIVE RECREATION $375.00 OAK POINT POOL $3,834.21 ARTS $4,678.16 PUBLIC IMPROV PROJ $303,027.13 DEBT SERVICE PAYMENTS $100.38 SPECIAL ASSESSMENTS $156,111.62 CITY CENTER OPERATING COSTS $1,093.08 SPECIAL REVENUE FUNDS $1,461.06 LIQUOR STORES $69,045.76 LS PRAIRIEVIEW #3 $84,251.00 LS PRESERVE #2 $29,348.81 WATER DEPT $46,960.46 SEWER DEPT $2,212.02 STORM DRAINAGE $6,985.62 AGENCY FUNDS $120.00 $939,196.27* w CITY COUNCIL AGENDA DATE: SECTION: Reports from Boards and Commissions July 2, 1996 DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development Livable Communities Action Q 110 Chris Enger Plan ) David Lindahl Requested Council Action: Adopt the attached Livable Communities Action Plan developed by the Housing, Transportation, and Social Services Board (HTSSB). Background: All cities participating in the Livable Communities Program are expected to submit an action plan to the Metro Council that describes how cities will meet their Livable Communities housing goals. As you know, the Housing, Transportation, and Social Services Board (HTSSB) has prepared twenty-two strategies to help the City meet its Livable Communities goals. These strategies, which were approved by the City Council March 12, 1996, form the basis for the attached Action Plan for the City of Eden Prairie. In addition to the strategies,the Action Plan includes all housing related programs, initiatives, and demonstration projects the City is involved in, or that it might consider participating in at some point in the future. A draft of the Plan was recently submitted to the Metro Council for their comments and review. Overall their staff was very satisfied with the document,with only a few minor suggestions for changes. The Plan was first reviewed by the City Council at the June 25 workshop meeting. The City has already made progress toward meeting its rental housing goals with approval of the 32 Columbine Townhouse development earlier this year. This project helped the City meet its annual goal of 23 units for 1996. Other than the Pulte Townhouse proposal,which has not yet been approved, no projects have been approved since March that meet the ownership housing goals. Support Information: Livable Communities Action Plan Livable Communities Action Plan for the City of Eden Prairie It is the intent of the City of Eden Prairie "City" to make every reasonable effort to meet the Metropolitan Livable Communities Act goals adopted by the Metropolitan Council "Council"January 14, 1996. The aim of the Livable Communities effort is to expand affordable housing opportunities throughout the region, particularly in communities with high employment concentrations like Eden Prairie. The housing goals the City has agreed to pursue over the next fifteen years correspond favorably with the goals set forth in the City's Comprehensive Plan. However, unlike the goals in the Comprehensive Plan, which are very general, the Livable Communities goals set specific numeric targets for the City to achieve by 2010. Because of this, the City's Housing, Transportation, and Social Services Board (HTSSB) have prepared specific housing strategies designed to help the City strive meet its Livable Communities goals. These strategies form the basis for the City's Livable Communities Action Plan "Action Plan" . The dates of when the various City Boards, Commissions, and City Council reviewed and adopted the strategies are listed below: Housing, Transportation, Social Services Board February 15, 1996 Planning Commission February 26, 1996 Parks Commission March 4, 1996 Human Rights and Diversity Commission March 4, 1996 City Council March 12, 1996 The housing strategies address a number of the elements suggested in the Action Plan Content Guide provided by the Council including the following: • Implementation efforts • A schedule for completing tasks • Number of new units expected to be constructed over the term of the program • Income and demographic targets • List of financing tools Elements not addressed in the strategies but included in later sections of the Action Plan include: • Housing Assistance and Development Programs • Housing Maintenance/Rehabilitation programs • Local Demonstration Programs or Special Initiatives • Current and Future Low-Income Housing Proposals • Other Financing Tools • Examination of Local Official Controls other Financing Tools Several letters and reports regarding Eden Prairie's housing initiatives have been submitted to Council staff over the last two years as part of an attempt to amend the City's Comprehensive Plan to expanding the Metropolitan Urban Service Area (MUSA). The Action Plan includes parts of letters previously submitted to the Council. Strategies for Meeting Livable Communities Goals Each of the six Livable Communities housing goals the City has agreed to pursue and the related strategies are listed below. Goal#1 Livable Communities • (Ownership Housing) Thirty percent of all new ownership housing units will have values less than $115,000. The City estimates an additional 5,250 ownership units to be developed by 2010, with 30% representing 1,575 total affordable units, or 105 per year. City Strategies: a) All future residential housing proposals should be expected to participate in helping meet the City's Livable Communities goals whenever possible. When contacted by developers or land owners considering submitting a residential project for City review, City staff (Community Development) will explain to them the Livable Communities goals and strategies. b) Encourage or recommend to developers of all future ownership housing proposals to have 30%of its units for sale(initially) at a price less than $115,000. Consider allowing less than 30% affordable ownership housing on small "in-fill" parcels that do not transition well from single family neighborhoods. c) Encourage residential developers to consider providing more than 30% affordable ownership housing when proposals are part of a large Planned Unit Development (PUD). d) Offer density bonuses to developers to help them achieve a 30% affordable housing set aside in areas of the Comprehensive Plan not already planned for multiple family. e) Allow single-family attached housing (townhomes, condos, and doubles) to represent 30% new ownership housing affordable under $115,000. Since the average new single family home in Eden Prairie is valued at about $250,000, it is unlikely these affordable ownership goals will be met with new single family detached development. f) Consider using City financing where appropriate to help reduce housing costs to a level that meets the goals for ownership housing. Current funding tools the City will consider using include the following: Tax Increment Financing (TIF) - Future taxes generated from the increased value of an improved property are used to write-down land costs and reduce rents. Community Development Block Grants (CDBG) - Bank CDBG funds and use them to write- down the cost of land, utilities, or site improvements on affordable housing developments. Local Housing Incentives Account (LHIA) - These funds should be available to all cities participating in the Metropolitan Council Livable Communities Program. Cities can apply for Livable Communities Action Plan 2 3 funds through this account for specific projects that meet Livable Communities objectives. The Metro Council will match dollar for dollar each city's annual Affordable and Life Cycle Housing Opportunities Account (ALHOA) contribution, which for Eden Prairie will be about $125,000 in 1997. Livable Communities Demonstration Account -Approximately$4.6 million in funding should be available from the Metro Council in 1996 to communities participating in Livable Communities with eligible projects. Projects generally must attempt to link housing with transit, or create affordable housing near employment growth areas. Housing and Redevelopment Authority(HRA) Levy -The City HRA is authorized by law to levy a small tax if it chooses to do so for the purpose of performing certain housing and redevelopment activities. The HRA currently does not levy for such activities. g) Explore establishing a special housing fund that would be financed by developers that choose to pay cash in lieu of providing housing for Livable Communities. It could be structured in a manner similar to the cash park fee the City charges developers choosing to pay cash in lieu dedicating property for parks and open space. The housing funds would be used to help developers meet Livable Communities goals. If special legislation is required to establish such a housing fund, pursue it through the Metropolitan Council. This fee could apply to developers of small parcels (5-10 acres), and to all office, commercial, and industrial projects. h) Consider working with adjoining communities in meeting the Livable Communities ownership housing goals. Communities that do not have land available for development may consider funding a project in Eden Prairie and receiving credit toward meeting their Livable Communities obligations. Goal#2 Livable Communities (Rental Mousing) Three hundred fifty new affordable rental housing units should be constructed between 1996 and 2010, which is about 23 units per year. This represents 20% of the 1,750 total new rental units expected to be built over the next fifteen years. Two hundred eighty of the 350 affordable units should be affordable to persons with incomes below 60% of metro median, and 70 units should be affordable to persons with incomes below<50°Jo of metro median.> City Strategies: a) Each new rental housing proposal should have 20% of its units affordable. The affordable units will be split with 80% affordable to families with incomes below 60% of area median, and 20% affordable to persons with incomes below 50%. Every effort should be made to scatter the affordable units throughout a development. These units should not be concentrated in one building or single area of a site. b) Support rental housing proposals with all units affordable under 50/60 percent of median Livable Communities Action Plan 3 Lj provided they do not exceed 32 units on any one site. c) Encourage rental housing proposals that are 100% affordable on sites that meet the following criteria: • Close to commercial services, schools, parks, and public transit routes. • Transitions well from existing neighborhoods. • Good access to public streets. • Safe and compatible land uses. • Total units do not exceed 32 units d) Encourage and support rental housing within all PUD proposals. e) Consider writing down land costs where appropriate on expensive sites in order to assist in making these sites more feasible for developing affordable housing. f) Consider using any of the financing tools listed above where appropriate to help reduce housing costs to a level that meets Livable Communities goals for rental housing. g) Consider mixing rental housing into sites guided on the City's Comprehensive Plan for commercial, office, or industrial developments whenever and wherever possible. Community Development staff will explore rental housing alternatives with developers and land owners when they contact the City with development proposals. h) Consider working with adjoining communities in meeting Livable Communities rental housing goals. Communities that do not have land available for development may consider funding a project in Eden Prairie and receiving credit toward meeting their Livable Communities obligations. Goal#3 livable Communities (Affordable'&Life Cycle Housing Opportunities Amount) To participate in the Livable Communities program,the City must agree to spend a certa n amount of local'funding to meet its housing goals. This funding, referred tol by the Metro Council 'as the;Affordable 'and Life Cycle Housing Opportunities Mount (AL:HOA), is determined ay Metro Council, Eden Prairie is expected'to melee its'first+ ontribution'n; '1997 to an amount estimated at$125,000 • City Strategies: a) The City currently dedicates enough of its annual Community Development Block Grant (CDBG) funds for housing related activities to meet its (ALHOA) obligations. b) If the City spends more that its minimal contribution in any given year, those funds can be credited to the following years obligations. Livable Communities Action Plan 4 5 Goal#4 Livable Communities (Rental Housing Mix) Total.0.04LhOutiritilit full development•wilvroptesont 25Wtif al[housing units City Strategy: a) If the City meets its rental housing goals listed as goal #2 above, then 25% of its total housing stock at the year 2010 will be rental housing. Goal#5 Livable +Communities (Life-Cycle Housing Mix) Multiple family housing at full development will represent 43% of the;total City housing stock. City Strategy: a) In order to meet the ownership housing goals listed above as Goal #1, 30% of all future housing will need to be multiple family"attached" housing. If 30% of all future housing are multiple family ownership units, and an additional 20% are rental units, then the City should expect to achieve a mix of 43% multiple and 57% single family detached at full development. Goal'#6 Livable Communities ( HousingDensity) The'average housing densities in new Single Family detached developments will be at least two:units;per acre. The average:density in crew Multiple Family attached developments will beat least 10 units per acre City Strategy: a) The City will encourage all future single family detached housing proposals to be developed at a density of 2 units per acre or greater, and multiple family proposals at 10 units per acre or greater. b) Twin home housing projects at low densities should be considered as single family, this will bring single family and multiple family density averages up. Livable Communities Action Plan 5 l0 Housing Assistance/Development Programs The City will consider participating in any housing assistance or development program that it is eligible for and which will help meet its Livable Community goals. A list of the programs the City participates in, or will consider participating, are listed below. Some of these programs are explained in more detail in later sections of the Action Plan. Federal Programs Community Development Block Grant (CDBG) Program Section 8 Project-based Housing (400 units) Section 8 Vouchers/Certificates (55 through Metro HRA) Section 212 elderly(62 units) Public Housing The City does not own Public Housing units but may consider a limited number of units if constructed as part of a Tax Credit proposal and if owned by an agency other than the City of Eden Prairie. Minnesota Housing Finance Agency (MHFA) Programs Minnesota Cities Participation Program The MCPP program was developed in 1991 by the Minnesota Housing Finance Agency (MHFA). MHFA designates funds to participating cities to provide low interest financing to lower-income first-time home buyers. The goal of the Program is to promote home ownership to lower-income persons. About thirty buyers have been assisted through this program in Eden Prairie. The City expects to continue to help between 10 and 15 first time buyers purchase home in Eden Prairie every year. Housing Revenue Bond Financing Minnesota Fix Up Fund (rehab loans) Low Income Housing Tax Credits Attempts were made to utilize other MHFA programs as part of a 32-unit Tax Credit proposal approved in Eden Prairie February 1996, but according to the developer of this project the underwriting standards employed by MHFA make the programs difficult to use. In this particular case, the developer was approved for the New Construction Tax Credit Mortgage and Low-Income Large Family Rental Housing Financing through MHFA. MHFA uses the same formulas to project net operating expenses for a proposed development whether it is a new project or a thirty-year old apartment building. This process helps determine the amount of financing MHFA will provide for the proposed Tax Credit project. In the case of the Eden Prairie proposal, the amount of financing the development qualified for as a result of this underwriting process was very low and caused the developer to pursue market rate financing at a higher interest rate in order to obtain a large enough loan to cover the project costs. MHFA should review these policies to insure that their products are usable for projects constructed in developing suburbs. Livable Communities Action Plan 6 Metropolitan Council Programs Local Housing Incentives Account - Eden Prairie expects to contribute about $127,000 toward Livable Communities in 1997. The City committed $142,000 in CDBG funds and about $650,000 in Tax Increment Funds in 1996 for construction of 32 affordable rental townhouse units. Livable Communities Demonstration - The City anticipates applying for these funds in late 1996 or 1997 to help finance affordable housing units within a large mixed use development. Metro HRA Section 8 Vouchers - The Metro HRA is providing 15 Vouchers to Eden Prairie as part of a demonstration program called the Housing, Opportunities, Partnerships, and Employment Program (HOPE) (see local demonstration programs). Other Programs Community Action for South Hennepin The City contracts with CASH to provide a suburban tenants advocacy service called HOMELINE, and a mortgage foreclosure program. Senior Community Services SCS provide a home repair and chore service to seniors call the Household and Outside Maintenance for Elderly Program. Community Home Program The City approved a 6-unit adult foster-care home project for low income persons. The development should be completed in 1996. HOPE Program (See Local Demonstrations) Housing Maintenance/Rehabilitation Programs The Housing Rehabilitation Program provides loans up to $15,000 to lower-income homeowners for major home repairs. Program goals include improving and preserving the City's aging housing stock, and helping keep residents in their homes. About fifty units have been improved since the Program began in 1980. This Program is funded through the Community Development Block Grant Program and utilizes about $80,000 per year of a total CDBG allocation of about$180,000. Household and Outside Maintenance for Elderly (HOME), this program provides chore and maintenance services to seniors sixty and older who live in Eden Prairie. Recipients pay for services on a sliding fee scale basis. Contributions to the cost of services are based on clients ability to pay. The primary goal of this Program is to help elderly home owners maintain independence by remaining in their homes. Senior Community Services Agency of Hopkins administers this program. The City has been funding this Program since 1985 and will continue to assist about thirty Livable Communities Action Plan 7 households per year. Community Development Block Grant Program (CDBG): The City has participated in the Urban Hennepin County CDBG Program since 1975. As evidenced by some of the programs outlined above, the City has and will continue to dedicate a substantial portion of its total CDBG allocation to housing related activities. About 60% of all CDBG funds received since 1975 were expended on housing activities. This does not include funds expended on the HOME Program,which is considered a public service activity. The table below shows the various categories of activities funded through CDBG since 1975: Total Percent of Total Activity funding [ Assisted Housing $584,159 32.9% Housing Rehab $485,138 27.3% Public Facilities $292,443 16.5% Public Service $283,233 15.9% Handicap Access $79,666 4.5% Planning/Administration $47,088 2.7% Neighborhood Revitalization $4,956 0.3% Totals $1,776,683 100.0% • Local Demonstration Programs or Special Initiatives Housing, Opportunities, Partnerships, and Employment (HOPE) Program Eden Prairie has been examining ways to develop more rental housing for very low-income families, while providing opportunities for families to achieve self sufficiency. The shortage of housing in this market is evidenced by waiting lists of five or more years at project-based Section 8 developments in Eden Prairie. The HOPE Program was designed to provide housing and at the same time provide education and training, family support, and employment opportunities to very low-income families. The HOPE program is a cooperative effort between the City, the Metro HRA, Hennepin Technical College of Richfield, Family to Family Ties, and Prairie Meadows and Briarhill apartment developments in Eden Prairie. The goal of the program is to provide very low-income housing in Eden Prairie on a scattered basis, while also helping families work toward self-sufficiency primarily through education and training. Section 8 Vouchers allow families within existing Section 8 developments the opportunity to integrate into market units on a scattered-site basis while working toward self-sufficiency. They also allow families to live in market-rate housing of their choice without Livable Communities Action Plan 8 9 the stigma often connected with living in housing"projects."This, in turn, will make available vacated project-based units for other low-income families and individuals on Section 8 waiting lists The program involves providing 15 Section 8 housing vouchers (provided by Metro HRA) to tenants residing at Briarhill and Prairie Meadows. As a condition of receiving housing vouchers, families will participate in a five-year Family Self-Sufficiency (FSS) Program offered through the Metropolitan Council HRA. The purpose of the FSS Program is to help families work toward self-sufficiency through education, training, and obtaining living wage jobs. The FSS component involves assigning case managers to the participants, assessing their educational needs, and developing a plan for achieving self sufficiency. The participants will be expected to complete the training necessary to qualify them for living wage jobs. Case management services are provided through Hennepin Technical College(HTC) in Richfield for those participants eligible for STRIDE and JPTA Programs. The City has contracted with Family to Family Ties to provide overall case management to all HOPE participants. Episcopal Community Services also is coordinating the family mentoring component of the Program, which involves finding and training local volunteers (City residents) as mentor families and matching them with participating families. Housing, Transportation, Social Services Board (HTSSB): An advisory Board called the Housing, Transportation, and Social Services Board (HTSSB) was formed by the City Council in 1994 to explore ways to develop more affordable housing in Eden Prairie while improving linkages to transportation and social services. Specific tasks of the HTSSB include: • HTSSB developed the Eden Prairie HOPE demonstration program. • Develop policies that facilitate affordable housing developments. • Integrate the planning of affordable housing projects with a human service perspective. • Expand family self-sufficiency opportunities to lower-income residents. • Explore ways to link jobs with housing. The HTSSB also will explore ways to create more moderate-cost "starter" housing in Eden Prairie. Although Eden Prairie has approved more than 500 moderate-cost townhouse units over the past two years, the Board will attempt to facilitate the development of more moderate-cost single family units. This can be achieved in part by allowing higher densities, platting smaller lots, and encouraging creative subdivision patterns. The Board will help coordinate bringing together developers, builders, and land owners interested in developing affordable housing projects. Owners of large tracts of residential land outside the urban service area have shown an interest in helping the City meet its Livable Communities obligations. However, few parcels are left for residential development within the City's current urban service area. Opportunities for developing new low or moderate cost housing in Eden Prairie are limited without expanding the MUSA as proposed. Special Needs Housing: A six-unit duplex development for low-income adults effected by serious neurological conditions was approved by the City in 1994. The Community Home Program, a nonprofit agency, is the developer. The City contributed $17,000 in Community Development Block Grant (CDBG) funds to help offset land costs. The Minneapolis Community Development Agency is providing the financing through revenue bond sales. Livable Communities Action Plan 9 Eden Prairie also has two single family group homes for developmentally disabled adults that are owned and operated by the State of Minnesota Department of Health. The homes were built on tax forfeited property. Several other privately financed Group Homes for disabled residents exist in the City in scattered locations. Cluster Planning: The City will explore using the "cluster planning" approach to expand affordable housing opportunities in this area. City staff has discussed this concept with staff at the cities of Minnetonka and Bloomington. Cluster planning appears to have some advantages in terms of pooling resources between"dusters"of communities to address common issues. In practice, however, it will be difficult to implement as various issues surface about how resources are allocated between communities. There seems to be some agreement between these cities that a more effective and immediate way to provide affordable housing is for the Metro HRA to expand its authority to own and manage housing in partnership with cities. Two tools available to cities for housing development that require or that provide more benefit from public ownership are Essential Function Bond Financing, and Low- Income Housing Tax Credits. On March 10, 1995, a meeting was held between the cities of Eden Prairie, Minnetonka, and Bloomington, the Dakota County HRA, and the Metro Council represented by its Chair, Curt Johnson, and staff Chuck Ballentine. The purpose of the meeting was to introduce the idea of the Metro HRA taking a more active role in developing affordable housing in the suburbs. The Dakota HRA has been very successful in using the above-mentioned tools to develop, own, and manage affordable housing developments in partnership with various communities in their County. These programs were presented to the Metro Council by Dakota County staff at this meeting. Comments from Curt Johnson suggest the Metro Council is reluctant to increase its involvement in owning housing, but indicated these ideas will continue to be discussed. The City of Eden Prairie suggested that if the Metro Council expands its authority to require cities to meet regional housing goals that they provide the tools needed to achieve these goals. The Dakota County model is a good example of what Metro HRA could do to help communities like Eden Prairie develop affordable housing. Section 8 Voucher Initiative: In an effort to insure that more rental housing projects accept Section 8 Vouchers in Eden Prairie, the City now requires that any apartment or rental townhouse development seeking Housing Revenue Bonds or any other type of City financing agree in writing to designate up to 10% of their total units for persons using Section 8 Vouchers. Owners of existing projects seeking approval from the City to refinance Housing Revenue Bonds will be obligated to the same terms. This should help reverse the growing trend of apartment owners choosing to opt out of the Section 8 program completely. However, the reason most often cited by property owners for opting out of the Program is the Federal take one take all requirement, which in some cases leads to market developments converting to 100% Section 8. This requirement is essentially creating greater concentrations of poor in certain communities,which is contrary to recent policies adopted by HUD, the City of Minneapolis, and the Metro Council. Livable Communities Action Plan 10 11 Current and Future Low-Income Housing Proposals: The City is working with a development partnership between the Cornerstone Group and Real Estate Equities on a 32-unit townhouse development affordable to low-income families. This project, which was approved in February 1996,will serve as a prototype for future housing projects in Eden Prairie in terms of site selection and financing arrangement. The City has identified various rental housing sites that have good proximity to commercial services, schools, parks, transit routes, and other natural amenities, and also transition well from single family neighborhoods. This information is shared with developers seeking sites for affordable housing projects. Because these sites are often guided for commercial related uses, the land costs are substantially higher than typical residential sites. The City must therefore consider writing-down the land costs for these projects in order for them to work financially. Cornerstones' proposal involves various forms of public financing including: 1. Low-Income Housing Tax Credits (MHFA) 2. Tax Increment Financing (City of Eden Prairie) 3. CDBG funding The development is designed for families with individual entrances to primarily three and four bedroom units, tuck-under garages, and play lots for children. The rents will be affordable to families with incomes at or below 50% of median for the metro area. City guidelines requires all affordable rental housing developments be 32 units or less per site to avoid concentration issues. Several other developers also are seeking sites for similar housing projects. A MUSA expansion into southwest Eden Prairie will provide opportunities for integrating affordable rental and ownership housing into large PUD's at more reasonable land prices and with less public subsidy. Another approach supported by the City is to have 10-15% of all units within existing rental housing developments be affordable to very low-income families and integrated throughout each site. The challenge is finding ways to subsidize rents enough to make them affordable to this market. Section 8 Project and Tenant-Based rental assistance is available on a limited basis through the Metro HRA. Eden Prairie is willing to accept additional Section 8 Vouchers through the proposed settlement of the housing discrimination law suit between Metro HRA and Legal Aid Society. Our primary goal with respect to this form of housing is to insure a linkage to a self-sufficiency effort. Other financing Tools The Section 8 Rental Housing Assistance Program is administered by the Metro HRA for the City of Eden Prairie. This is a tenant-based Program where eligible tenants receive subsidies directly from the HRA through the issuance of Section 8 Certificates and Vouchers. This allows holders of Certificates and Vouchers to live in market-rate apartment buildings by having part of their rent paid through the Program. Certificate and Voucher holders pay 30% of their income toward rent with the balance paid by the Metro HRA. Thirty-six units are currently rented to persons with Certificates or Vouchers in Eden Prairie. The City HRA is continually examining ways to develop additional low-income rental housing and starter single family attached/detached housing in Eden Prairie. Some development methods and Livable Communities Action Plan 11 financing tools being considered to facilitate these projects, include: Tax Increment Financing- Interest Rate Reduction programs, land acquisition/write-downs, Housing Revenue Bond financing, Low-Income Housing Tax Credits, Essential Function Bonds, MHFA Below Market Mortgage programs, allowing higher densities, and promoting creative subdivision design. Eden Prairie Center Tax Increment Financing District The City Council has granted preliminary approval to a TIF Redevelopment District to help finance the renovation of the Eden Prairie Center. The TIF district is also expected to generate about $400,000 annually in funds dedicated for housing purposes. These funds, which will generate about $4,000,000 total over ten years, may be used to implement a rental subsidy program within existing apartment developments. A program is being discussed where up to 10% of the units in any one apartment development would be eligible for rental write-downs to help make the units affordable to persons with incomes below 60% of the median income for the metro area. The details of this program will be worked over the next six months. Examination of Local Controls Review Process: The Community Development staff reviews its development review process on a yearly basis, making changes where necessary and appropriate. A land development application booklet has been used for the last ten years which the City believes results in a fair, efficient, and user-friendly process. The land development application contains a list of all meeting dates, a flow chart and written narrative explaining the review process in "laymen's terms" and includes a list of all of the technical information required for a project review. It also includes the City's Livable Communities Goals and Strategies so that all developers know what is expected of them in terms of helping Eden Prairie's meet its housing obligations. The City's Development Review Committee (represented by all City Departments) meets on a weekly basis to review development proposals. Developers are notified one week after an application regarding a need for information and/or plan changes. Projects that involve multiple requests such as Guide Plan changes, Planned Unit Developments, Rezoning, Site Plan Review, and Preliminary Plats are processed simultaneously. Holding neighborhood meetings prior to Planning Commission and City Council review, and working with City staff to resolve development issues prior to the public hearing process helps ensure that projects can be reviewed within a 60-day time frame. Livable Communities Action Plan 12 CITY COUNCIL AGENDA DATE: July 2, 1996 SECTION: Report of City Manager DEPARTMENT: ITEM DESCRIPTION: ITEM NO. XI.B.1. Update on Negotiations for Renewal of Administration Cable TV Franchise Requested Council Action: Review and grant preliminary approval of the terms and conditions regarding the major issues involved with the Cable T.V. Franchise renewal with Paragon Cable, and set a Public Hearing for August 2, 1996. Background: Paragon Cable has requested an early renewal of its Cable T.V. franchise with each of the 5 cities included in the Southwest Suburban Cable Commission (SSCC). In return, Paragon would make a major investment ($25-30 million) to upgrade the system and add channel capacity. Over the past several months the SSCC negotiating committee (5 City Managers/Assistants) have worked out proposed language on the major issues involved with the renewal. On Wednesday evening, June 26, the SSCC approved the language (attached) and recommended its' approval by the 5 member City Councils. Each city will be required to conduct a Public Hearing before final approval of the franchise renewal. The SSCC staff is now in the process of developing the actual renewal document which each City will need to approve. The Eden Prairie Public Hearing will be scheduled for August 2. Supporting Documentation: Franchise Renewal Process Memorandum dated 6/4/96 r • MEMORANDUM TO: Southwest Suburban Cable Commission City Managers' Committee FROM: Staff SUBJECT: Franchise Renewal Process DATE: June 4, 1996 Below we have outlined the language agreed upon regarding the major issues outlined by the City Managers and Paragon Cable. PUBLIC ACCESS A. Public Access Channels. Paragon Cable will continue to provide four public, educational and government (PEG) access channels. The City may request a State-of-the-Art review at any time between the sixth year anniverzry and the twelfth year anniversary of the granting of this Franchise. In conducting a State-of-the-Art review, the City shall undertake the following process: (a) The City and the Grantee shall undertake a review of the then existing Cable System. This review shall, at a minimum, take into account the following: (1) characteristics of the existing System; (2) the State-of-the- Art; (3) additional benefits provided to customers by the State-of-the-Art; (4) the market place demand for the State-of-the-Art; and (5) the financial feasibility of the State-of-the-Art taking into account associated rate increases, and the premature retirement of assets. (b) The City shall hold at least two (2) public hearings to enable the general public and Grantee to comment and to present evidence. (c) For the purposes of this Section the term "State-of-the- Art" shall mean equipment or facilities that: (1) are readily available with reasonable delivery schedules from two (2) or more sources of supply; (2) have the capability to perform the intended functions demonstrated within communities with similar characteristic (including, but not necessarily limited to, population, density, subscriber penetration, etc.) under actual operating conditions for purposes other than tests or experimentation; and 2 1� (3) are technically and economically feasible to implement. The term "State-of-the-Art" shall not include equipment or facilities associated with or dedicated to the general public, educational or governmental access or telecommunication services. (d) Notwithstanding anything to the contrary, the City may not undertake a State-of-the-Art review at any time the Grantee is deemed subject to effective competition pursuant to then applicable state or federal law. B. Studio/Facilities. Paragon Cable will provide one large facility containing one studio with the current square footage of the Eden Prairie studio for public, educational and governmental access which will be located in Eden Prairie. The studio will have the capacity for audience participation. The facility will include two separate editing suites, storage space and the entire facility will be wheelchair accessible. The facility shall have more hours than currently provided, including regular hours during the week, weekend hours and some week night hours. C. Equipment. No agreements have been reached on the equipment which will be necessary in the new studio. D. Funding for PEG Access. Paragon shall provide a total of $200,128 for PEG access annually for PEG access operating expenses collectively for the 5 member cities of the SWSCC. These expenses will be itemized on customers bills. This amount will provide the following services: (a) labor costs; (b) educational consultant; (c) facilities and utilities; (d) access expenses; and (e) educational expenses. Paragon will no longer be required to provide the access news show. E. Public Access Users. If the cities request, Paragon Cable will work with the cities to charge a nominal fee to users of the PEG access facility. H. CUSTOMER FOCUS A. Commercial Channels. Grantee agrees to upgrade its system to a capacity of 750 MHz which is the equivalent of 112 6 MHz analog video channels. However, Paragon will initially use the 54 MHz-550 MHz section of the system to deliver analog signals and reserve the 550 MHz to 750 MHz section for future applications. Stated in terms 2 3 5 • of 6 MHz analog channels the 54 MHz to 550 MHz of the system has capacity for 79 channels. The present system has capacity for 58 analog channels. B. Social Contract. The Social Contract between Time Warner Cable and the Federal Communications Commission is attached hereto as Exhibit A. It is expressly understood by the City and the Grantee that the Social Contract is made a part hereof for informational purposes only. Inclusion of the Social Contract by reference is not intended to nor shall it create any right of the City to enforce any provisions of the Social Contract directly or indirectly under the terms of this Franchise. The parties expressly acknowledge and understand that the Social Contract and the obligations contained are enforceable exclusively by the FCC as more fully set forth in the Social Contract. C. Technological Changes. The City may request a State-of-the-Art review at any time between the sixth year anniversary and the twelfth year anniversary of the granting of this Franchise. In conducting a State-of-the-Art review, the City shall undertake the following process: (a) The City and the Grantee shall undertake a review of the then existing Cable System. This review shall, at a minimum, take into account the following: (1) characteristics of the existing System; (2) the State-of-the- Art; (3) additional benefits provided to customers by the State-of-the-Art; (4) the market place demand for the State-of-the-Art; and (5) the financial feasibility of the State-of-the-Art taking into account associated rate increases, and the premature retirement of assets. (b) The City shall hold at least two (2) public hearings to enable the general public and Grantee to comment and to present evidence. (c) For the purposes of this Section the term "State-of-the- Art" shall mean equipment or facilities that: (1) are readily available with reasonable delivery schedules from two (2) or more sources of supply; (2) have the capability to perform the intended functions demonstrated within communities with similar characteristic (including, but not necessarily limited to, population, density, subscriber penetration, etc.) under actual operating conditions for purposes other than tests or experimentation; and (3) are technically and economically feasible to implement. The term "State-of-the-Art" shall not include equipment or facilities associated with or dedicated to the general public, educational or governmental access or telecommunication services. 3 L� j10 (d) Notwithstanding anything to the contrary, the City may not undertake a State-of-the-Art review at any time the Grantee is deemed subject to the effective competition pursuant to then applicable state or federal law. D. Periodic Customer Surveys. (a) The Grantee shall upon request of the City and at times mutually agreed upon by the parties, but no more frequent than once every three years conduct a random survey of a representative sample of subscribers. Each questionnaire shall be prepared and conducted in good faith so as to provide reasonably reliable measure of customer satisfaction with: (1) audio and signal quality; (2) response to customer complaints; (3) billing practices; (4) programming; and (5) installation practices; (b) The survey shall be conducted in conformity with standard research procedures including the use of telephone survey conducted by an independent person in the business of regularly conducting such surveys. The survey shall consist of a sample size of three hundred (300) customers or such other sample size as to yield a margin of error of plus or minus six percent (6%) or less of the total customer base. (c) The Grantee shall report the results of the survey and any steps the Grantee may be taking in response to the survey within sixty (60) days of the completion of the survey. (d) Notwithstanding anything to the contrary, the Grantee shall be under no obligation to conduct a survey at any time the Grantee is deemed subject to effective competition under then applicable state or federal law. E. Customer Service Standards. The Grantee shall comply with the customer service standards of the Federal Communications Commission as such standards may from time to time be amended. F. Line Extension. (a) The Grantee shall within 12 months of receiving a request, extend the System to any residences within the City served by City water and sewer facilities. (b) The City recognizes that in some instances the Grantee needs the permission of private property owners to extend service to others who may be interested in service and agrees that should the Grantee be unable to obtain these needed permissions under terms reasonable to the Grantee and the property owners from whom permission is required that the Grantee shall be under no obligation to extend service. 4 ' 7 III. CITY GOVERNMENT A. Franchise Fees. The City Managers and Paragon have tentatively agreed to a 5% franchise fee. Both parties, however, are negotiating additional language which would provide a "level playing field" for other wired competitors who offer a competitive video service. B. Government Access Channels. Paragon Cable will maintain the current government access channel. C. Override of the Government Access Channel. Paragon Cable agrees to provide the capability such that the City, from its City Hall, can switch its government access channel in the following ways: 1) insert live council meetings from City Hall; 2) replay government access programming from City Hall; 3) transmit character generated programming; 4) schedule for Grantee to replay City-provided tapes in pre-arranged time slot on the government access channel; and 5) switch to C-SPAN 2 or other comparable programming provided by cable operator at any time when not carrying live or taped government access programming. Whatever programming the City determines will be carried on its government access channel within the City. D. Construction Requirements. Paragon Cable shall, at least sixty (60) days prior to commencing the System upgrade for an area of the system, provide notice to representatives of the City of the following: (a) The nature of the work to be undertaken; (b) the estimated schedule for said work; (c) steps to be taken to minimize disruption to public; and (d) steps to be taken to notify the customers of said work. 5 IV. EDUCATIONAL NEEDS A. Educational Access Channel. Paragon and the City Managers have agreed to retain the two current educational access channels. B. Service to the Schools and Government Buildings. Service to Public Schools and Public Buildings (a) The Grantee shall continue to provide one outlet of Basic Service, the Cable Programming Service Tier and one converter, if needed, to those facilities presently served. Service to public schools and municipally owned buildings constructed or occupied after the effective date of this Franchise shall be similarly provided subject to the building being located within 200 feet of the Grantee's then existing System. (b) If facility is over 200 feet from Grantee's then existing system, the school or municipality shall be responsible for all equipment, construction costs and additional wiring beyond the first 200 feet that are the Grantee's responsibility. (c) All internal wiring cost beyond the one outlet that Grantee agrees to provide shall be the responsibility of the school or municipality. (d)The financial responsibility for any additional converters desired by the school or municipality shall be their responsibility. Service to Private Schools Grantee shall provide installation to private schools within 200 feet of plant. A private school is defined as any private secondary school that receives funding pursuant to Title 1 of the Elementary and Secondary Education Act of 1965. Under the social contract, cable service shall be provided for free to private schools through the year 2000. C. Cable Nodes System Connect. Grantee will locate its "nodes" near schools where possible without in Grantee's opinion comprising the engineering design of the system. Cities will provide maps showing the location of the schools. 6 V. TECHNOLOGY A. System Upgrade. Grantee agrees to upgrade its system to a capacity of 750 MHz which is the equivalent of 112-6 MHz analog video channels. However, Paragon will initially use the 54 MHz-550 MHz section of the system to deliver analog signals and reserve the 550 MHz to 750 MHz section for future applications. Stated in terms of 6 MHz analog channels the 54 MHz to 550 MHz of the system has capacity for 79 channels. The upgraded system will be two-way. Time Warner will complete the upgrade in three (3) years. B. Level Playing Field Provision. See attached pages. These are the major issues which were agreed upon between Paragon Cable and the City Managers. If there is an issue that you believe should be addressed and you do not see it here, please contact Staff as soon as possible. 544515 7 DRAFT "LEVEL PLAYING FIELD LANGUAGE" (a) Any additional or subsequent cable franchise granted to cable or non-cable companies who may compete with Grantee within the franchise area will be granted only on substantially similar terms and conditions as this Franchise and shall not contain less burdensome jzfr more favorable terms than those imposed on Grantee by this Franchise. eniru (b) The City and Grantee agree that all franchise provisions that Grantee is subject to are effective against the Grantee only if such requirements are applied as well to any and all wired competitors of the Grantee within the franchise area. For purposes of this subsection, a wired competitor shall include any video provider offering 12 channels of programming at least one of which is a broadcast signal, which uses wires, coaxial cables, optical fiber or other similar technology and places or attaches such wires, cables or fibers on public property or public utility facilities. This definition of wired competitor would not include a Satellite Master Antenna Television system located wholly on private property within a building. (c) Any franchise provision or other regulation enforced by the City upon Grantee which is not also imposed upon Grantee(s) wired competitors, shall be void as to Grantee, subject to the following requirements: (1) The existence of a wired competitor shall not relieve Grantee of an obligation to provide an annual minimum franchise fee of 2% of Gross Revenues. If the wired competitor obtains a cable franchise which requires it to pay a franchise fee or substantially similar fee of an equivalent amount to the City, the State of Minnesota or any other governmental entity which is less than 5% of Gross Revenues, the City shall reduce Grantee's franchise fee to the same level,but in no event less than 2% of Gross Revenues. If the wired competitor does not obtain a cable franchise, but it is required to pay a franchise fee or substantially similar fee to the City, State of Minnesota or any other governmental entity, then Grantee shall pay the same fee, but in no event less than 2% of Gross Revenues. If the wired competitor is not required to pay a franchise fee or similar fee to the City or the State of Minnesota, then the 2% minimum franchise fee shall apply to Grantee for all homes and customers who are passed by the wired competitor's system. If the wired competitor discontinues providing multichannel video services, the Grantee's franchise fee shall immediately return to its original level. (2) The existence of a wired competitor shall not relieve Grantee of an obligation to provide at least one channel for public, educational and governmental access programming. If the wired competitor obtains a cable franchise which requires it to provide less than four (4) public, educational and governmental access channels, the City shall, upon the effective date of the subsequent franchise, reduce Grantee's requirement to the same number of channels, but in no event shall Grantee provide less than one (1) public, educational and governmental - 1 - 02, ' access channel. If the wired competitor does not obtain a cable franchise, but it is required to provide less than four (4) public, educational and governmental access channels, or if the wired competitor is not required to provide any public, educational or governmental access channels, then the City shall reduce the number of access channels required of Grantee as follows: (i) If the wired competitor passes less than 25% of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Grantee shall provide at least four (4) public, educational and governmental access channels. (ii) If the wired competitor passes 25% or more of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Grantee shall provide at least three (3) public, educational and governmental access channels. (iii) If the wired competitor passes 50% or more of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Grantee shall provide at least one (1) public, educational and governmental access channel. If the wired competitor discontinues providing multichannel video services, the Grantee's requirement for the provision of public, educational and governmental access channels shall immediately return to its original level. (3) If a wired competitor obtains a cable franchise which requires it to provide less funding for equipment or facilities for public, educational and governmental access or less facilities and equipment than Grantee, the City shall reduce the Grantee's requirement for funding for public, educational and governmental access and facilities and equipment to the level of the wired competitor. If the wired competitor does not obtain a cable franchise, but it is required to provide less funding for public, educational and governmental access or less equipment or facilities than Grantee, or if the wired competitor is not required to provide any funding for public, educational or governmental access or equipment or facilities, then the City shall reduce the Grantee's required funding as follows: (i) If the wired competitor passes less than 25% of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Grantee shall continue to provide the same level of funding for public, educational and governmental access facilities and equipment as indicated in this Ordinance. (ii) If the wired competitor passes 25% or more of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, - 2 - 10 D- the City shall reduce the funding and, equipment and facilities requirements of the Grantee by 30%. (iii) If the wired competitor passes 50% or more of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, the City shall eliminate the funding and, equipment and facilities requirements for public, educational and governmental access funding. If the wired competitor discontinues providing multichannel video services, the Grantee's requirement for the provision of funding and, equipment and facilities for public, educational and governmental access and, facilities and equipment shall immediately return to its original level. (4) For all other franchise provisions imposed upon Grantee in this Ordinance, if a wired competitor obtains a cable franchise which does not require it to meet the same franchise provision, the City shall not require Grantee to meet that franchise provision. If the wired competitor does not obtain a cable franchise and it is not required to meet the same franchise provision, then the City shall relieve the Grantee from that franchise provision as follows: (i) If the wired competitor passes less than 50% of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Grantee shall continue to comply with the franchise provision. (ii) If the wired competitor passes 50% or more of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, the City shall not require Grantee to meet the franchise provision. If the wired competitor discontinues providing multichannel video services, the Grantee shall be required to meet the franchise provision. (d) If Grantee is aware of a franchise provision imposed by the City upon Grantee which is not also imposed by the City or the State of Minnesota upon a wired competitor, it shall identify the wired competitor, including the basis for stating that the entity is a "wired competitor" as defined above; it shall identify the franchise provision in question; and it shall provide this information to the City. Within ninety (90) days, the City shall: (1) pass a resolution declaring such franchise provision void as to Grantee; (2) declare why the entity in question is not a wired competitor; or (3) state that the "wired competitor" is subject to a requirement that substantially duplicates the franchise provision. During the above process, the Grantee shall continue to meet any and all requirements in question. If the City declares such requirement void as to Grantee, the City is not liable for Grantee's past compliance with the requirement, including any past fees remitted to the City. - 3 - (e) If the City and Grantee are unable to agree upon the operation of this section of the Ordinance within ninety (90) days after one party provides notice to the other party, the parties may agree to enter mediation. 551199 - 4 - �a a EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 7-12-96 SECTION: REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT _.— ITEM NO. XI U I DEPARTMENT: ITEM DESCRIPTION: Finance Chris Enger Authorization to Engage Professional Brokerage Services John Frane to Lease retail space in the Liquor Store No. 4 Building. Don Uram Requested Council Action: The Staff recommends that the Council take the following action: 1. Authorize staff to enter into an agreement with United Properties for professional brokerage services to lease approximately 7,120 square feet of retail space in the Liquor Store No. 4 (next to Cub Foods)building. Background: On June 12,the City Council authorized Staff to enter into an agreement with Michael J. Wilkus Architects for professional architectural services to design Liquor Store No. 4 (next to Cub Foods), order the preparation of plans and specifications and bidding the project. Since then, the Staff and architect have developed the plans that meet the requirements of the liquor store. Based on a building size of 13,040 square feet,the liquor store would occupy 5,720 square feet with the remaining 7,120 square feet leased to a compatible use such as a video rental store. In Spring 1995, the Staff solicited leasing proposals from various brokerage companies (e.g., United Properties,C.B. Commercial,Welsh Companies)based on the understanding that we would build the liquor store and associated retail space in 1995. This project was delayed while CSM Corporation and the Eden Prairie Presbyterian Church developed and had approved the plans for the relocation of the church. This is expected to occur in Summer 1997. While this was taking place,the Staff has not been actively marketing the site. Now that this project is underway, the City needs to lease the remaining retail space to help pay the debt service and cover operating expenses. To lease the building in the most effective manner, Staff recommends that the City list the building with a commercial real estate broker that focuses on leasing small "speciality"retail space. Based on the qualifications and cost of services provided of the companies submitting proposals,Staff would recommend United Properties. United Properties will lease the retail space at a cost of$3.00 per square foot which is consistent with industry standards. The term of the Brokerage Agreement is six months. They expect to have the building fully leased within this time. Once authorized,United Properties will begin work immediately. Supporting Reports: 1. United Properties Brokerage Company Exclusive Leasing Agreement. 2 UNITED PROPERTIES July 1, 1996 World/wtde Real Estate Servi ONCOR es Mr. Donald R. Uram City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, Minnesota 55344-2230 Dear Don: I enjoyed meeting with you again this morning and continuing our discussions on your proposed new project. We are grateful for the opportunity and the invitation to explore this opportunity with you. As we discussed this morning, we like the concept that you have presented and would like to pursue the leasing assignment on your behalf. We anticipate having the project fully leased by the end of the calendar year 1996 in time for a spring 1997 opening. If all were to go well, the timetable could perhaps be moved forward a few months. Our services would include working with you and your staff in the development of the plans for the project, developing a target list of desired tenants, developing marketing materials and negotiating leases. I have enclosed for your review a listing agreement for a period of six months according to the terms that we discussed this morning. We have proposed to do the leasing for a compensation to be based upon $3.00 per square foot if we procure the tenant. There will be no additional fee if a co-broker is involved in procuring the tenant. In a separate but related matter, we have presented the project to our construction/development division for their consideration. We will deal with the construction issues and any opportunities in that regard at a later date. We are looking forward to working with you on this project. Please call if you have any questions at all regarding the enclosed listing agreement. Thanks again for your thoughtful consideration. Best regards, Kent Lilley United Properties (612) 893-7583 KL:kg Enclosure 3500 West 80th Street Minneapolis,Minnesota 55431 612 831-1000 Fax: 612 893-8293 Offices throughout the United States,Asia. Europe, United Kingdom, Canada, Mexico and South Africa. United Properties Brokerage Company Exclusive Leasing Agreement July 1, 1996 1. In consideration of the listing for lease of the real property hereinafter described (the "Property") by United Properties Brokerage Company ("Broker") and Broker's agreement to use its best efforts to effect a lease or leases of same, the undersigned ("Owner") hereby grants to Broker the exclusive right to negotiate leases of the Property for a period commencing July 1, 1996, and ending midnight December 31, 1996 (the"Term"). The lease(s) shall be on terms acceptable to Owner. The Property is situated in the City of Eden Prairie, County of Hennepin, State of Minnesota, and is located at West 78th Street which is shown on Exhibit A and is further described as a center to be named. 2. Owner agrees to pay Broker a commission in accordance with Broker's Schedule of Lease Commission(the"Schedule"), a copy of which is executed by Owner, attached thereto and hereby made a part hereof. This commission shall be earned and paid for services rendered if, during the term: (a) All or any portion of the Property is leased to a tenant (by Broker, Owner, or anyone else); (b) A Tenant is procured (by Broker, Owner or anyone else) who is ready, willing and able to lease the Property on terms agreeable to Owner; (c) Any contract for the lease of all or any portion of the Property is entered into by Owner. 3. Owner further agrees that Owner shall pay Broker the aforementioned commission if, within ninety(90) days after the expiration of the Term the Property or any portion thereof is leased or negotiations continue, resume or commence and thereafter continue leading to the execution of a lease with any person or entity with whom Broker has negotiated (either directly or through another broker or agent) or to whom the Property has been submitted prior to the expiration of the Term in an effort to effect a lease of the Property. Broker agrees to submit a list of such persons or entities to Owner not later than ten (10) days following the expiration of the Term, provided however, if a written offer has been submitted then it shall not be necessary to include the offeror's name on the list. 4. It is understood that it is illegal for either Owner or Broker to refuse to display or lease the Property to any person because of race, color, religion, national origin, sex, marital status or physical disability. 5. Owner agrees to cooperate with Broker in effecting leases of the Property and to immediately refer to Broker all inquiries of anyone interested in the Property. All negotiations are to be through Broker. Broker is authorized to accept a deposit from any prospective tenant or purchaser. Broker is further authorized to advertise the Property and to place a sign(s) on the Property with Owner's prior verbal consent if, in the Broker's opinion, such would facilitate the leasing of the Property. Owner represents that it is the owner of the Property. 6. Owner agrees to disclose to Broker and to prospective tenants any and all information which Owner has regarding the condition of the property, including, but not limited to, the presence and location of asbestos, PCB transformers, other toxic, hazardous or contaminated substances, and underground storage tanks in, on, or about the Property. 7. Owner acknowledges that Broker may represent prospective tenants and consents to such dual representation. Broker agrees to provide full disclosure in the event of any such representation. 8. Owner authorizes Broker to allow sub-agents or agents representing a tenant to market the property and to share Broker's commission with such other agent(s), unless otherwise provided in an addendum to this Agreement. 9. This Agreement constitutes the entire agreement between Owner and Broker and supersedes all prior discussions, negotiations and agreements, whether oral or written. No amendment, alteration or withdrawal of this Agreement shall be valid or binding unless made in writing and signed by both Owner and Broker. Any purported amendment, modification or withdrawal which is oral shall be void and of no effect whatsoever. This Agreement shall be binding on the heirs, successors and assignees of the parties. The undersigned Owner and Broker hereby acknowledge receipt of a copy of this Agreement and the Schedule. Broker: United Properties Brokerage Owner: City of Eden Prairie Company By: By: MichaIS:hat-e„.1W-cuir— Scott Donald R. Uram Senior Vice President- Retail Address: 3500 West 80th Street Address: City Center Minneapolis, MN 55431 8080 Mitchell Road (612) 831-1000 Eden Prairie, MN 55344-2230 United Properties Brokerage Company Schedule of Lease Commissions For Property at: West 78th Street, Eden Prairie, Minnesota LEASES OR SUBLEASES: Commissions shall be earned on execution of a lease or leases for the leasable area of the building by Owner and a tenant or tenants in accordance at a commission rate of$3.00 per square foot if no co-broker is involved, or $3.00 per square foot if a co-broker is involved. Said commission shall be payable one-half upon execution of the Lease by both parties and one-half upon the Tenant opening for business in the Premises. The provisions hereof are subject to the terms and provisions of the Exclusive Leasing Agreement which is executed by the parties hereto. In the event Owner fails to make payments within the time limits set forth herein, then from the date due until paid the delinquent amount shall bear interest at the maximum rate permitted in the State of Minnesota. If Broker is required to institute legal action against Owner relating to this Schedule or any agreement of which it is a part, Broker shall be entitled to reasonable attorneys' fees and costs. Owner hereby acknowledges receipt of a copy of this Schedule and agrees that it shall be binding upon its heirs, successors and assignees. The term"Owner" as used herein shall be deemed to include the owner of property, a tenant under a ground lease and a tenant of property wishing to effect a sublease, lease assignment, or lease cancellation. The term"tenant" as used herein shall be deemed to include any subtenant or assignee of Owner, and the term"lease" shall be deemed to include a sublease or lease assignment. APPROVED THIS DAY OF , 1996. Owner: City of Eden Prairie By: Donald Uram Broker: United Properties Brokerage Company By: ---hice!<vl Michae cott, Senior Vice President- Retail 612 949 8392 e JULo 11 1:95 10:05;PTO 9 89 y8 y93 rno FROM:CITY OF EDEN PRAIRIE T-078 P.02 uVz • Addendum to the United Properties Brokerage Company Exclusive Leasing Agreement Dated July 1, 1996 with the Schedule of Lease Commissions Attached Thereto • 1. Owner reserves all right and discretion to approve or disapprove of any prospective tenant of the Property in its sole discretion. Owner will not be liable or responsible for any deposit or interest thereon accepted by the Broker from any prospective tenant disapproved of by the Owner. 2. Owner's obligation and liability to pay Broker any commission or cost whatsoever incurred by the Broker with respect to a prospective tenant is contingent on the City Council of the City of Eden Prairie adopting, after public hearing, an amendment to Development'District No. 1 and the establishment of a new Tax Increment Financing District which encompasses and includes the Property. Broker: United Properties Brokerage Owner: City of Eden Prairie Company By: -11)LBy: Michael L. Scott Jean L. Harris Senior Vice President -Retail 7//jay Mayor By: _ Carl Jullie City Manager Address: 3500 West 80th Street • Address: City Center Minneapolis, MN 55431 8080 Mitchell Road (612) 831-1000 Eden Prairie,MN 55344-2230 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 07/16/96 SECTION: Director of Public Works ITEM NO: Z[E I DEPARTMENT: ITEM DESCRIPTION: I.C. 94-5350 Public Works Award Contract for Water Treatment Plant Expansion Eugene A. Dietz 41• Requested Action: Adopt a motion awarding the Water Treatment Plant Expansion project to Knutson Construction Company in the amount of $20,193,000. Plus $11,000 for the add alternate for a one-year service and maintenance contract for the plant control system. This brings the total award to $20,204,000. Background: The attached letter from Black & Veatch summarizes the six bids that were received for the project. The low bid from Knutson Construction Company compares very favorably to the $20,000,000 construction budget that was established in 1994 for the project. Since the budget was established, we have added re-roofing of the existing building to the project along with an engine generator. For comparative purposes, the following tabulation is presented: $20,193,000 Bid from Knutson Construction Company $ 11,000 Add Alternate B -($ 324,000) Engine Generator cost included in bid -($ 413,000) Re-roofing existing building included in bid $ 200.000 Additional cost for public education space $19,667,000 Comparable to 1994 budget Since the re-roofing is actually a deferred item from the Operations Budget the net result is a contract under $20,000,000. We are recommending that the engine generator be awarded as part of the contract. The alternative to spending $324,000 for the engine generator is to expend $114,000 for a dual electric feed to the water plant from NSP. The net increase in project cost of $210,000, including maintenance and operating costs, can be amortized over a 4.8-year period based on reduced demand charges from NSP. This means that we will get a reduced rate because we can shed power demand at the request of NSP. Alternate A is a deduct alternate that provides for remodeling a portion of the existing Public Works Maintenance Facility into space for the Utility Operation. The contract amount includes this alternate and is recommended for award, but may have to be deleted at a future date depending on negotiations with MnDOT. We have not agreed on an acquisition price for our maintenance facility, but we have had several conversations about the potential of buying back the southern portion of the building lying outside of the TH212 right-of-way at salvage value. We would expect that this decision can be made by year end. I.C. 9405350 Award Contract for Water Treatment Plant Expansion July 16, 1996 • Page 2 of 2 Financial Issues: The cost for this expansion project are in line with the budget estimates used for the financial analysis of the project. Bonds will likely be sold in 1997 and the revenue stream from Water Access Charges (WAC), trunk assessments and the fixed portion of the utility bill will be adequate to finance the project. Other Issues: Included in the attachments is letter from the 2nd low bidder pointing out a bid irregularity by Knutson. We have reviewed this and find that the issue has no impact on the bid outcome and further the specifications state: • "Owner also reserves the right to waive informalities." • "If the contract is to be awarded, it will be awarded to the lowest bidder whose evaluation by Owner indicates to Owner that the award will be in the best interest of Owner." BLACK & VEATCH 8400 Ward Parkway,P.O.Box No.8405,Kansas City,Missouri 64114,(913)339-2000 Eden Prairie, Minnesota B&V Project 26014.300 Water Treatment Plant Improvements B&V File D-1.3 July 2, 1996 Mr. Gene Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear Gene: This letter summarizes the results of the bid opening held at City Center on June 26, 1996 for the Water Treatment Plant Improvements project and provides our recommendation regarding the award of this contract. The City received the following six bids: Contractor Bid Amount Knutson Construction Company $20,193,000 Penn-Co Construction Inc. $20,559,000 Bor-Son Construction, Inc. $20,695,000 Adolfson & Peterson, Inc. $20,814,000 M.A. Mortensen Company $21,270,000 Shaw-Lundquist Associates, Inc. $21,880,000 The bids represent a very competitive bidding situation with a bid spread of approximately eight percent between all bidders and only two percent between the three lowest bids. The low bid from Knutson is below the Engineer's Opinion of Probable Construction Cost of $20,385,000. A copy of the Bid Tabulation summary is enclosed. Knutson's deductive amount bid for the work associated with the Utilities Garage is lower than our opinion of cost; however, due to the nature of this work and the small percentage of the overall project, the bid is not out of line. As discussed, this amount would only be accepted if the negotiations with the Department of Transportation were unsuccessful , eliminating the potential reuse of the building. Knutson's bid for the one year service contract for the plant control system seems reasonable and the City may want to consider accepting this alternative as part of the award. If it is later decided that the service contract is unnecessary, it can easily be deleted by change order. If the amount is not accepted as part of the award, the cost may increase if it is later desired to add it. Page 2 Mr. Gene Dietz B&V Project 26014.300 July 2, 1996 Knutson's adjustment unit price bid for the removal of unsuitable material is well below our opinion of cost and will only be a factor if more material needs to be removed than currently anticipated. The costs associated with the engine generator and the reroofing are in line with our opinion of cost and should serve as reasonable representations for your budgeting purposes. The Certificate of Compliance with the State of Minnesota Department of Human Rights was not provided by five of the six bidders including Knutson. All other necessary bid items were received. We contacted the Department of Human Rights and were informed that Knutson does hold a Certificate of Compliance which is valid until July of 1998. Knutson did submit a copy of their Certificate of Compliance to us the day after the bid opening. We believe this irregularity should not be cause for rejection of the bid since the required certificate was in force and would have no bearing on the outcome of the bid price. Knutson also failed to indicate a single supplier for several items on the questionnaire. Their bid runners erroneously crossed out complete lines on the questionnaire; however, some lines had more than one supplier listed. Immediately after the bid opening we requested that Knutson representatives confirm which suppliers were intended to be listed, which they did by calling back to their office. A copy of their complete questionnaire is enclosed. We believe this irregularity should also not be cause for rejection of their bid. However, we recommend that you consult the City Attorney on both irregularities. Our initial review of the equipment listed in the questionnaire indicates that there should be no problems in meeting the requirements of the specifications. The financial status of Knutson was reviewed by obtaining a Dun & Bradstreet report and, while the available information was limited, it appears that their financial strength is good for a construction company and that they have the financial capabilities required to complete this project. We contacted numerous references provided by Knutson, all of which indicated they performed well and the projects were completed to their satisfaction. Knutson's company experience and the experience of their proposed staff in water treatment plant related construction is limited to a few relatively small projects. However, they do have experience in managing large projects and constructing 4 Page 3 Mr. Gene Dietz B&V Project 26014.300 July 2, 1996 facilities, such as hospitals, that involve sophisticated equipment and instrumentation installation. We also contacted references for their project manager and superintendent and received favorable comments on both. Knutson's proposed mechanical and electrical subcontractors for the project are NewMech Companies and Parsons Electric. Both subcontractors have experience in water treatment related projects. Based on our evaluation, we feel that Knutson Construction has the capabilities to complete this project to your satisfaction. Therefore, we recommend that the project be awarded to Knutson Construction. If you have any questions, please contact us. Very truly yours, BLACK & VEATCH David J. Carlson dms Enclosures cc: Mr. Ed Sorensen 7 * * * BID TABULATION * * * BLACK J:VEATCH FOR: Eden Prairie,Minnesota Due:June 26,1996 Project No.26014.300 Water Treatment Plant Imp. BIDS RECEIVED: PROJECT PERSONNEL Tabulated by:DMS City Project No.94-5330 2:00 p.m.,June 26,1996 Project Manager.David Carlson Checked by CON Project Engineer. Chad Hill Sheet No l of 4 ENGINEERS' Penn-Co Construction,Inc. Shaw-Lundquist Associates M.A.Mortenson Company Adolfson&Peterson,Inc. NAME OF BIDDER OPINION OF 2995 Lone Oak Circle,Suite 5 2805 Dodd Road 700 Meadow Lane North 6701 West 23rd Street ADDRESS OF BIDDER PROBABLE Eagan,MN 55121 Saint Paul,Minnesota 55121 Minneapolis,MN 55422 Minneapolis,MN 55426 CONSTRUCTION COST Item Description Lump Sum for constructing a 10 mgd $20,385,000 $20,559,000 $21,880,000 $21270 000 $20,814,000 addition to an existing lime softening_ water treatment plant. Alternative"A"-Deduct for deleting $50,000 $23A00 $30,000 $20,000 $21,000 work associated with Utilities Garage. _ _ Alternative"B"- Added cost for a N/A $11 000 $36,000 _ $14,000 S 11,600 one year service and maintenance contract for the plant control system. Adjustment unit price per cy(remove $25/cv $17/cy _ $35/cy $45/cy $13/cv &replace unsuitable foundation , material with suitable material). Cost associated w/Engine Generator. $430,000 $350,000 $360,000 S455,000 $374,500 Cost associated with reroofing $300,000 $280,000 $400,000 S390,000 S464,800 existing buildings. Plant Control System Supplier Questionnaire Control System Supplier Bentec Engineering Corp. Bentec Engineering Corp. r Bentec Engineering Corp. Bentec Engineering Corp. Computer Hardware Compaq Compaq Compaq Compaq Computer Operating System Software Windows NT Windows NT Windows NT Windows NT Control System Application Software Intellution DMACS Intellution DMACS Intellution DMACS Intellution DMACS Programmable Logic Controllers Allen-Bradley Allen-Bradley Allen-Bradley Allen-Bradley Control Console Tresco Tresco Tresco T Tresco UPS Best Best Best Best , (1\ Tr,f.,,,•.el,,,,Tint Pr.,,i.L-,1 * * * BID TABULATION * * * BLACK 8 VEATCH FOR: Edna Prairie,Minncsou Date:kw 26,1996 Project No.26014.300 Water Treatmc rat Plant Imp. BIDS RECEIVED: PROJECT PERSONNEL Tabulated by.DMS City Project No.94.5350 2:00 pm,June 26,1996 Project Manage:David Carlson Checked by:CGH Project Engineer(Thad Hill Sheet No.2 or 1 ENGINEERS' Penn-Co Construction,Inc. Shaw-Lundquist Associates M.A.Mortenson Company :Wolfson&Peterson,Inc. NAME OF BIDDER OPINION OF 2995 Lone Oak Circle,Suite 5 2805 Dodd Road 700 Meadow Lane North 6701 West 23rd Street ADDRESS OF BIDDER PROBABLE Eagan,MN 55121 Saint Paul,Minnesota 55121 Minneapolis,MN 55422 ;Minneapolis,MN 55426 CONSTRUCTION COST Item Description Questionnaire Mechanical Harris Mechanical Shank Mechanical NewMech NewMech Electrical Wright Electric Parsons Electric Bloomington Parsons Electric Plumbing Harris Mechanical Shank Mechanical NewMech NewMech HVAC Hams Mechanical Shank Mechanical Newlvlech NewMech Vertical Diffusion Vane Pumps Aurora Floway Layne&Bowler Aurora AFD's Robicon Robicon Robicon Robicon Submersible Pumps ABS ABS Flvgt Flvgt AFD's Square D Square D Robicon Cutler Hammer Filter Surface Wash Equipment Roberts Leopold Roberts Leopold Filter Presses Asdor JWI Perrin JWI Sludge Thickening Equipment Eimco General Filter WesTech General Filter � �•i Solids Contact Clarifying Equipment Eimco General Filter WesTech General Filter AFD's Square D Square D Robicon Square D Rapid Mix Equipment Chemineer Mixing Equipment Lightnin Lightnin Gas Feeders Bailey Fisher&Porter Wallace&Tiernan Fisher&Porter Wallace&Tiernan Metering Pumps Milton Wallace&Tiernan Milton Roy Wallace&Tiernan Dry Feeder/Slaker Merrick Wallace&Tiernan Merrick Wallace&Tiernan Emergency Gas Treatment System Powell R.J.Environmental Powell R.J.Environmental Filter Underdrains Roberts Leopold Roberts Leopold Filter Media _ Roberts Leopold Roberts Leopold Dust Collectors' Cyclonaire Cyclonaire E.M.H. Custom Conveyor Blower Gardner Denver Gardner Denver Gardner Denver Gardner Denver _ Butterfly Valves DeZurick Pratt Pratt Pratt Eccentric Plug Valves DeZurik (1) Milliken Milliken Rectangular Butterfly Valves DeZurik Pratt Pratt Pratt Heating Water Boilers Slant-Fin Slant-Fin Slant-Fin Weil-McLain Air Handling Units McQuay McQuay McQuay York Condensing Units McQuay McQuay McQuay York Dehumidifier Bry-Air Bry-Air Bry-Air Brv-Air Humidifier Armstrong Armstrong Armstrong Herrmiditier Building Systems Controls Honeywell Honeywell Honeywell JCI 600 Volt Class Motor Control Centers General Electric General Electric Westinghouse General Electric Intercommunications System Setentofon Stentofon Stentofon Stentofon CCTV Surveillance System Midco Fire Net Systems Burle Fire Net Systems (I)-Information Not Provided * * * BID TABULATION * * * BLACK VEATCH FOR: Eden Prairie,Minnesota Dam June 26,19% Project No.26014.300 Water Trealma n Plant Imp. BIDS RECEIVED: PROJECT PERSONNEL Tabulated by.DMS City Project No.94.5350 2:00 pm.June 26,1996 Project Manager.David Carlson Checked by: CGH Project Engineer.Chad Hill Sheet No. 3 of 4 ENGINEERS' Bor-Son Construction,Inc. Knutson Construction Co. NAME OF BIDDER OPINION OF 2001 Killebrew Drive,#141 5500 Wayzata Blvd.,Suite 300 ADDRESS OF BIDDER PROBABLE Bloomington,MN 55425 Minneapolis,MN 55416 CONSTRUCTION COST Ban Description Lump Sum for constructing a 10 mgd $20,385,000 $20,695,000 $20,193,000 addition to an existing lime softening water treatment plant. Alternative"A"-Deduct for deleting $50,000 $15,000 $22,000 work associated with Utilities Garage. Alternative"B"- Added cost for a N/A $15,000 $11,000 one year service and maintenance contract for the plant control system. Adjustment unit price per cv(remove $25/cy $48/cy $12/CY &replace unsuitable foundation material with suitable material). Cost associated w/Engine Generator. $430,000 $306,000 $324,000 Cost associated with reroofing $300,000 $413,000 $413,000 existing buildings Plant Control System Supplier Questionnaire Control System Supplier Bentec Engineering Corp. Bentec Engineering Corp. Computer Hardware Compaq Compaq Computer Operating System Software Windows NT Windows NT _ Control System Application Software Intellution DMACS _ Intellution DMACS Programmable Logic Controllers Allen-Bradley Allen-Bradl y Control Console Tresco Tresco UPS Best Best I I\ rntnr,,,,tinrt Nr,t Pmvirlrri * * * BID TABULATION * * * BLACK&VEATCH FOR Eden Prairie,Minnesota Date: June 26,19% Project No.26014.300 Water Treatmat Plant Imp. BIDS RECEIVED: PROJECT PERSONNEL Tabulated by DMS City Project No.94-5350 2:00 p.m..June 26,1996 Project Manager.David Carlson Chedred by. CGH Project Engineer.Chad Hill Sheet No. 4 or 4 ENGINEERS' Bor-Son Construction,Inc. Knutson Construction Co. NAME OF BIDDER OPINION OF 2001 Killebrew Drive,#141 5500 Wayzata Blvd.,Suite 300 ADDRESS OF BIDDER PROBABLE Bloomington,MN 55425 Minneapolis,MN 55416 CONSTRUCTION COST Item Description Questionnaire Mechanical (1) NewMech Electrical (1) Parsons Electric Plumbing (1) NewMech HVAC Allen Mechanical NewMech Vertical Diffusion Vane Pumps Floway Layne&Bowler AFD's Robicon Robicon Submersible Pumps Pumpex Fit AFD's Robicon Robicon Filter Surface Wash Equipment Roberts Leopold Filter Presses Eimco Parrin Sludge Thickening Equipment Eimco General Filter Solids Contact Clarifying Equipment Eimco General Filter AFD's Robicon Square D Rapid Mix Equipment Chemineer Lightnin Gas Feeders Bailey-Fisher&Porter Wallace&Tieman _ Metering Pumps Milton Roy&Merrick Wallace&Tieman Dry Feeder/Slaker Milton Roy&Merrick _ Wallace&Tiernan Emergency Gas Treatment System Powell R.J.Environmental Filter Underdrains Roberts Leopold Filter Media Roberts Leopold Dust Collectors Gorit Cyclonaire _ Blower Gardner Denver Gardner Denver Butterfly Valves DeZurik Pratt Eccentric Plug Valves DeZurik Milliken Rectangular Butterfly Valves DeZurik Pratt Heating Water Boilers Wiet McClain Weil-McLain Air Handling Units McQuay York Condensing Units McQuay York Dehumidifier Bry-Air Bry-Air Humidifier Armstrong Armstrong Building Systems Controls Johnson Controls Johnson Controls 600 Volt Class Motor Control Centers General Electric General Electric Intercommunications System Stentofon Stentofon CCTV Surveillance System Fire Net System Burle (1)-Information Not Provided Recommended for Award JUL. -03' 96 (WED) 11 :33 PENNCO CONSTRUCTION TEL:612 687 0947 P. 002 rE portn-co - Construction, Inc. Building Confidence Through Performance 2995 Lone Oak Circle,Suite 5 Eagan,Minnesota 55121 Phone:(612)687-0648 FAX#:(612)687-0941 July 3, 1996 Black and Veatch, Inc. 8400 Ward Parkway P.O. Box 8405 Kansas City, MO 64114 Attn: Mr.David Carlson Re: Eden Prairie Water Treatment Plant Bid Date: June 26, 1996 Dear Mr. Carlson: We are aware that Knutson Construction's bid form was not completely/correctly filled out. The specifications Section 00100 and Addendum#2, clearly indicate that the bid form and the related questionnaire must be filled out in its entirety, with the equipment questionnaire naming only one manufacturer. Also, at the prebid meeting it was stressed by Black& Veatch that the specified procedures were to be strictly followed. We are of the understanding that Knutson Construction did not finalize their equipment supplier questionnaire until later in the day on June 26, 1996. However, even an hour or two provides Knutson with an unfair bid advantage. The equipment items in question are of high value and the prices can change significantly in short periods of time. We are of the opinion that Knutson's bid is non-responsive and that Penn-Co is the lowest responsible and responsive bidder. Therefore, we should be awarded the above referenced project. Please let us know how you plan to handle this situation. Sincerely, Fred Dyck ' Regional Manager cc: Victor Friesen, Vice President, Penn-Co Construction International,Ltd. Tim Grande,Mackall, Crounse& Moore Sharon Alvord, Deputy City Clerk, City of Eden Prairie