HomeMy WebLinkAboutCity Council - 09/03/1996 AGENDA
HOUSING & REDEVELOPMENT AUTHORITY
TUESDAY, SEPTEMBER 3, 1996 IMMEDIATELY FOLLOWING
CITY COUNCIL MEETING
CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING & REDEVELOPMENT
AUTHORITY MEMBERS: Chair Jean Harris, Patricia
Pidcock, Ronald Case, Ross
Thorfinnson, Jr., and Nancy
Tyra-Lukens
CITY COUNCIL STAFF: City Manager Carl J. Jullie,
Administrator Chris Enger,
HRA Attorney Roger Pauly,
and HRA Recorder Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
I. CALL MEETING TO ORDER
II. ADULT FOSTER CARE HOME AGREEMENTS
III. OTHER BUSINESS
IV. ADJOURNMENT
HRA AGENDA DATE: September 3, 1996
DEPARTMENT: ITEM DESCRIPTION: ITEM NO:
Community Development Adult Foster Care Home
Chris Enger Agreements f/ec A
David Lindahl
REQUESTED HRA ACTION:
Authorize the Chair and Executive Director to execute the following documents:
1) Repayment Agreement for$17,000 CDBG Loan
2) Promissory Note
3) Subordination Agreement
BACKGROUND:
As you may recall,the Community Home Program(CHP) received approval from the Council in 1994 to
construct six duplex units on a site between old and new Pioneer Trail in southeast Eden Prairie. The project
will be licensed as adult foster care homes for persons affected by Multiple Sclerosis, Muscular Dystrophy,
Traumatic Brain Injury, Cerebral Palsy and other neurological conditions. It has taken this long for CHP to
assemble enough equity to meet the Minneapolis Community Development Agency's(MCDA)guidelines
for providing bond financing for the project. It appears that the project is finally moving forward.
CDBG funds will help pay for the extension of public utilities to the site. The$17,000 will be provided to
the Community Home Program as a loan with an interest rate of 3%and repayment due upon sale,or reuse
of the property, or in twenty years, whichever occurs first. The loan will be secured through a second
mortgage.
SUPPORTING INFORMATION:
Repayment Agreement
Promissory Note
Subordination Agreement
LOAN AGREEMENT
(CDBG)
THIS LOAN AGREEMENT (the "Agreement") made and entered into as of July
1996, by and between THE COMMUNITY HOME PROGRAM, a non-profit corporation under
the laws of the state of Minnesota ("Borrower") and THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a public body corporate and
politic under the laws of the state of Minnesota ("Agency").
RECITALS
The Borrower is the owner of that certain real property (the "Property") located in the City
of Eden Prairie (the "City") legally described on Exhibit A attached hereto. The Borrower intends
to develop the Property with by constructing and operating and adult foster care facility (the
"Project").
In order to assist with the development of the Project, the Agency has agreed to provide a
loan to the Developer in the amount of$17,000, pursuant to the terms set forth herein.
Now, therefore, the parties hereby agree as follows:
ARTICLE I
THE LOAN
Section 1.1 Amount. The Agency agrees to loan to the Borrower, and the Borrower
agrees to borrow from the Agency, the amount of Seventeen Thousand and No/100 Dollars
($17,000.00) (the "Loan").
Section 1.2 Loan Documents. The Borrower agrees to execute this Agreement and the
following documents as a condition to receiving the Loan.
(a) A Promissory Note of the Borrower dated as of the Date of Closing in the original
principal amount of the Loan payable to the Agency (the "Note"), in a form substantially
the same as the promissory note attached hereto as Exhibit B.
(b) A Second Mortgage of the Property to secure the Promissory Note with terms as set
forth herein and in a form substantially the same as the mortgage attached hereto as Exhibit
C.
This Agreement, the Promissory Note and the Second Mortgage are referred to herein as
the "Loan Documents."
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Section 1.3 Repayment of Loan. The Loan shall be repaid as described in the Note.
The Loan shall bear interest at a rate of three percent (3%) per annum. All amounts due under the
Loan shall be due and payable at the earlier of a) the twentieth anniversary of the date of this
Agreement or b) the sale of the Property without the prior written permission of the Agency. In
addition, the Agency shall have the right to declare all amounts due under the Loan as due and
payable if the Property is no longer used as an adult foster home care facility.
Section 1.4 Prepayment. The Borrower shall have the right, but not the obligation, to
prepay without penalty the Loan or any portion thereof at anytime, and from time to time, prior to
the date on which the same becomes due, as herein provided.
ARTICLE II
COVENANTS, WARRANTIES, REPRESENTATIONS
AND AGREEMENTS OF BORROWER
The Borrower covenants, warrants, represents and agrees throughout the term of this
Agreement as follows:
Section 2.1 Corporate Authority. The Borrower is a non-profit corporation duly
organized, validly existing and in good standing under the laws of the State of Minnesota and has
the requisite power and authority to own/lease its properties and to carry on its business. Borrower
has the requisite corporate power and authority to enter into this Agreement and the Note.
Section 2.2 Enforceable Documents. The Loan Documents have all been duly
executed and delivered, and assuming due execution and delivery by the other parties thereto, such
documents constitute the legally binding obligations of the Borrower, enforceable against the
Borrower in accordance with their respective terms.
Section 2.3 Use of Loan Proceeds. All proceeds of the Loan shall be used solely for
development costs for the Project.
Section 2.4 Use of Funds. In no event will the Loan Proceeds be used (i) to carry on
any propaganda, or otherwise to attempt, to influence legislation (within the meaning of Section
4945(d)(1) of the Internal Revenue Code of 1986 (the "Code"), or directly or indirectly, any voter
registration drive (within the meaning of Section 4945(d)(2) of the Code).
Section 2.5 Books and Records. The Borrower will establish and maintain accurate
and complete books, accounts and records pertaining to the Project in manner acceptable to the
Agency. The Agency shall have the right but not the obligation, at all reasonable times to inspect,
examine and copy all books and records of the Borrower relating to the Project.
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ARTICLE III
DEFAULTS AND REMEDIES
Section 3.1 Events of Default. Any of the following events shall constitute an "Event
of Default" under this Agreement:
(a) The Borrower shall default in the payment when due on the Loan made by
the Agency.
(b) The Borrower shall default in the performance or observance of any other
agreements or conditions required to be performed or observed by the Borrower under the
terms of this Agreement and such default shall continue for a period of thirty (30) days after
written notice to the Borrower from the Agency specifying such default;
(c) Any representation or warranty made by the Borrower in this Agreement
shall prove untrue in any material respect or materially misleading as of the time such
representation or warranty was made;
(d) The Borrower shall become unable to pay its debts as the same become due,
or shall make an assignment for the benefit of creditors or shall be adjudicated a bankrupt;
or shall file a voluntary petition in bankruptcy or to effect a plan or other arrangement with
creditors, or to liquidate assets under court supervision; or shall have applied for or
permitted the appointment of a receiver or trustee or custodian for any of the property or
assets of the Borrower or a trustee, receiver or custodian shall have been appointed for any
property or assets of the Borrower who shall not have been discharged within thirty (30)
days after the date of such appointment, or shall have made application to a court of
competent jurisdiction to become dissolved;
(e) Execution shall have been levied against the Land or any lien creditor's suit
to enforce a judgment against the Land shall have been brought and (in either case) shall
continue unstayed and in effect for a period of more than thirty (30) days; or
Section 3.2 Remedies. Upon the occurrence of any Event of Default as defined in
Section 3.1 hereof, the Agency, at its option, in addition to any other remedies to which it might by
law be entitled, shall have the right to declare the entire unpaid principal of the Loan, together with
all other sums payable hereunder, immediately due and payable without presentment, demand,
protest, notice of dishonor or any other notice;
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ARTICLE IV
MISCELLANEOUS
Section 4.1 Notices. All notices provided for herein shall be in writing and shall be
deemed to have been given when delivered personally or when deposited in the United State mail,
registered or certified, postage prepaid, addressed as follows:
If to the Borrower: The Community Home Project
Attn: Executive Director
1600 University Avenue W.
Suite 401
St. Paul, MN 55104
If to the Agency: Housing and Redevelopment Authority in and for the City
of Eden Prairie
c/o City Clerk
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-2230
or addressed to any such party at such other address as such party shall hereafter furnish by
notice to the other parties as above provided.
Section 4.2 Survival of Warranties. All agreements, representations and warranties
made in this Agreement shall survive its execution, and the execution of the Note, and shall
continue until the Agency receives payment in full for all indebtedness of the Borrower
incurred under this Agreement.
Section 4.3 Governing Law. This Loan Documents are to be construed and
enforced according to and governed by the laws of the State of Minnesota.
Section 4.4 Counterparts. This Agreement may be executed in any number of
counterparts, all of which shall constitute a single agreement and any one of which bearing
signatures of all parties shall be deemed an original.
Section 4.5 Time. Time is of the essence in the performance of this Agreement.
Section 4.6 Entire Agreement. This Agreement contains the entire agreement of
the parties hereto on the matters covered herein. No other agreement or statement made by
any party or by any employee, officer, or agent of any party that is not in writing and signed
by all the parties to this Agreement shall be binding.
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Section 4.7 No Joint Venture. The relationship between the Agency and the
Borrower is that of lender and borrower and is not nor shall it be deemed to create, a
partnership or joint venture.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
BORROWER
THE COMMUNITY HOME PROGRAM
By
Its
AGENCY
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF EDEN
PRAIRIE
By
Its
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EXHIBIT A
Legal Description
[Lot 2 and Outlot B, Fraser-Charlson]
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EXHIBIT B
Form of Note
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EXHIBIT C
Form of Second Mortgage
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PROMISSORY NOTE
given by
THE COMMUNITY HOME PROGRAM
to
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE
CITY OF EDEN PRAIRIE
Dated: , 1996 At: Eden Prairie, Minnesota
FOR VALUE RECEIVED, the undersigned, THE COMMUNITY HOME
PROGRAM, a Minnesota nonprofit corporation (the "Borrower"), hereby promises to pay to the
order of THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of
Minnesota, or assigns (the "Holder"), at 8080 Mitchell Road, Eden Prairie, MN 55344-2230, or at
such other place or places as the Holder may, from time to time, designate in writing, the principal
sum of Seventeen Thousand Dollars ($17,000), together with interest at the rate of three percent
(3%) per annum on any and all principal amounts from time to time outstanding, payable on the
twentieth (20th) anniversary of the date hereof, when all outstanding interest and principal shall be
due in full. Interest shall accrue from the date hereof and shall be computed on the basis of 365
days per year and charged for the actual number of days principal is unpaid. Notwithstanding
anything herein to the contrary, in no event shall the interest rate borne by this Note exceed the
maximum lawful rate.
This Note is secured by, among other things, a Second Mortgage dated the date hereof from
the Borrower, as Mortgagor, to the Holder, as Mortgagee, (the "Mortgage"). All of the
agreements, conditions, covenants, provisions and stipulations contained in the Mortgage are
hereby made a part of this Note to the same extent and with the same force and effect as if they
were fully set forth herein. Time is of the essence hereof. In the event of any default in the
payment of any principal, interest or other indebtedness due hereunder or if the Borrower is in
default under the Mortgage, the Holder may, at its right and option, declare immediately due and
payable the principal balance of this Note and interest accrued hereon to the date of declaration,
together with any attorneys fees incurred by the Holder in collecting or enforcing payment thereof,
whether suit be brought or not. All other sums due hereunder and payment thereof may be
enforced and recovered in whole or in part at any time by one or more of the remedies provided in
any document securing this Note, including the Mortgage. The Holder may extend the time of
payment of interest and/or principal of this Note without notice to or consent of any party liable
hereon and without releasing such party.
The Borrower hereby waives demand, presentment, notice of nonpayment, protest, notice
of protest, notice of dishonor and diligence in collection and agrees that without any notice the
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Holder hereof may take and/or release additional security for this Note or the Holder hereof may,
from time to time, release any part or parts of security interests from Borrower in favor of Holder
with or without consideration and that in any such case the Borrower shall remain liable to pay the
unpaid balance of the indebtedness evidenced hereby as so additionally secured, extended, renewed
or modified and notwithstanding any such release.
The Loan is a nonrecourse obligation of Borrower. The Borrower shall not have any
personal liability for repayment of this Note. The sole recourse of Holder for repayment of the
Note shall be exercise of its rights against the property secured by the Mortgage.
The remedies of the Holder, as provided herein and in any document securing this Note
shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole
discretion of the Holder, and may be exercised as often as occasion therefor shall occur. The
Holder may, in its discretion, waive any default hereunder and its consequences and rescind any
declaration of acceleration of principal; provided, however, that no action or inaction by the Holder
shall be deemed a waiver of any of the Holder's rights or remedies unless the Holder specifically
agrees in writing that such action or inaction shall constitute a waiver of its rights or remedies. Any
waiver shall only apply to the particular instance for which it was agreed. No delay in exercising
and no failure in exercising any right or remedy hereunder or afforded by law shall be a waiver of
or preclude the exercise of any right or remedy hereunder or provided by law, whether on such
occasion or any future occasion, nor shall such delay be construed as a waiver of any default or
acquiescence therein. The exercise or the beginning of the exercise of one right or remedy shall not
be deemed a waiver of the right to exercise at the same time or thereafter any other right or
remedy.
This Note shall be due and payable at the option of the Holder upon the occurence of any of
the events set forth in Section 1.3 of that certain Loan Agreement betweeen the Borrower and
Holder dated as of even date hereof.
This Note may be assigned by the Holder from time to time by an endorsement hereon or
by other writing; provided that notice of such assignment shall be given in writing to the Borrower.
The obligations of the Borrower hereunder may not be assigned by the Borrower without the
written consent thereto by the Holder.
This Note may be prepaid in whole or in part without penalty. Any partial prepayment
shall be applied first to accrued interest and then to principal and shall be applied to principal
payments in the inverse order of maturity.
This Note shall be governed by and construed in accordance with the laws of the State of
Minnesota.
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IN WITNESS WHEREOF, the Borrower has caused this Note to be duly executed by its
authorized representative, all on the date and year first above written.
BORROWER:
THE COMMUNITY HOME PROGRAM, a
Minnesota nonprofit corporation
By:
Name:
Its:
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SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT (this "Agreement") is entered into as of
, 1996, by and among FIRST TRUST,NATIONAL ASSOCIATION, as trustee (the
"Trustee"), THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY
OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota
(the "City") and THE COMMUNITY HOME PROGRAM, a Minnesota non-profit corporation (the
"Borrower").
WHEREAS, the City has agreed to make a loan (the "CDBG Loan") to Borrower in the
original principal amount of $17,000 pursuant to the terms of a Loan Agreement of even date
herewith (the "Loan Agreement") between the City and the Borrower. The Loan will be evidenced
by a Promissory Note (the "CDBG Note") and secured by a Mortgage (the "CDBG Mortgage") on
certain property located in the City and legally described on Exhibit A(the"Property").
WHEREAS, the City of Minneapolis, Minnesota(the "Issuer") has agreed to issue its Health
Facilities Revenue Bonds, Series 1996 (The Community Home Program Project) and its Taxable
Health Facilities Revenue Bonds, Series 1996 (The community Home Program Project) (together, the
"Bonds") and loan the proceeds thereof(the "First Mortgage Loan") to the Borrower for the purpose
of acquiring and constructing real property and making improvements thereon, including constructing
a facility on the Property.
WHEREAS, the Issuer has agreed to make the First Mortgage Loan provided that the City
subordinates the CDBG Loan and CDBG Mortgage pursuant to the terms and conditions contained in
this Agreement.
WHEREAS, The First Mortgage Loan will be secured by placing a mortgage lien against
the Property (the "First Mortgage"). Borrower's obligation to repay the First Mortgage Loan will be
evidenced by one or more Loan Agreements (collectively, the "Loan Agreement") between the
Borrower and the Issuer, which will be assigned by the Issuer to the Trustee as collateral security for
the Bonds.
NOW, THEREFORE, in order to induce Issuer to make the First Mortgage Loan to
Borrower, and in consideration thereof, the Trustee, as assignee of the Issuer, the City and Borrower
agree as follows:
1. Definitions. In addition to the terms defined in the Recitals to this Agreement, for
purposes of this Agreement the following terms have the respective meanings set forth below:
"Business Day" means any day other than Saturday, Sunday or a day on which banks
are not open for business in the State of Minnesota.
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"CDBG Loan Default" means a default by Borrower in performing or observing any
of the terms, covenants or conditions in the CDBG Loan Documents to be performed or
observed by it, which continues beyond any applicable period provided in the CDBG Loan
Documents for curing the default.
"CDBG Loan Documents" means the CDBG Note, the CDBG Mortgage and all
other documents evidencing and securing the CDBG Loan, as amended, modified, replaced
or renewed.
"First Mortgage Loan Default" means a default by Borrower in performing or
observing any of the terms, covenants or conditions in the First Mortgage Loan Documents to
be performed or observed by it which continues beyond any applicable period provided in the
First Mortgage Loan Documents for curing the default.
"First Mortgage Loan Documents" shall mean the Loan Agreement, the related
Indentures of Trust, the First Mortgage, and all other documents evidencing and securing the
First Mortgage Loan or the Bonds, as amended, modified, replaced or renewed.
"Person" means an individual, estate, trust, partnership, corporation, governmental
department or agency or any other entity which has the legal capacity to own property.
2. Terms of Subordination.
(a) Agreement to Subordinate. Trustee and the City agree that (i) the
indebtedness evidenced by the CDBG Loan Documents is and shall be subordinated in right
of payment, to the extent and in the manner provided in this Agreement, to the prior payment
in full of the indebtedness evidenced by the Loan Agreement and the Bonds, and (ii) the
CDBG Mortgage and the CDBG Loan Documents are and shall be subject and subordinate in
all respects to the liens, terms, covenants and conditions of the First Mortgage, the First
Mortgage Loan Documents and to all advances heretofore made or which may hereafter be
made pursuant to the First Mortgage Loan Documents (including but not limited to, all sums
advanced for the purposes of(x) protecting or further securing the lien of the First Mortgage,
curing defaults by Borrower under the First Mortgage Loan Documents or for any other
purpose expressly permitted by the First Mortgage, or(y) constructing, renovating, repairing,
furnishing, fixturing or equipping the Property).
(b) Agreement Not to Commence Bankruptcy Proceeding. The City agrees
that, during the term of this Agreement, it will not join with any other creditor in
commencing, any bankruptcy, reorganization, insolvency or liquidation proceedings with
respect to Borrower,without Trustee's prior written consent.
3. Default under CDBG Loan Documents.
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(a) Notice of Default and Cure Rights. The City agrees to deliver a written
notice of each CDBG Loan Default to Trustee within five Business Days after the CDBG
Loan Default. Trustee shall have the right, but not the obligation, to cure any CDBG Loan
Default within the same time period for curing a default which is given to Borrower under the
CDBG Loan Documents, except that Trustee's time period for cure shall begin on the date on
which it receives notice of the CDBG Loan Default. All amounts advanced or expended by
Trustee to cure an CDBG Loan Default shall be deemed to have been advanced by Trustee
pursuant to, and shall be secured by the lien of,the First Mortgage.
(b) City May Not Exercise Remedies Without Trustee's Written Consent. If a
CDBG Loan Default occurs and is continuing, the City agrees that, without the Trustee's prior
written consent, which shall not be unreasonably withheld, the Trustee may not commence
foreclosure proceedings with respect to the Property under the CDBG Loan Documents or
exercise any other rights or remedies it may have under the CDBG Loan Documents,
including, but not limited to accelerating the CDBG Loan (and enforcing any "due on sale"
provision included in the CDBG Loan Documents), collecting rents, appointing (or seeking
the appointment)a receiver or exercising any other rights or remedies thereunder.
(c) Effect of Foreclosure by the City. The City acknowledges that any
conveyance or other transfer of title to the Property pursuant to a foreclosure of the CDBG
Mortgage(including a conveyance or other transfer of title pursuant to the exercise of a power
of sale contained in the CDBG Mortgage) shall be subject to the "due on sale" provisions of
the First Mortgage Loan Documents and the Person (including the City)who acquires title to
the Property pursuant to the foreclosure proceeding (or pursuant to the exercise of a power of
sale contained in the CDBG Mortgage) shall not be deemed to be automatically approved by
Trustee.
(d) Cross Default. Borrower and the City agree that an CDBG Loan Default
shall constitute a default under the First Mortgage Loan Documents and Trustee shall have the
right to exercise all rights and remedies under the First Mortgage Loan Documents in the
same manner as in the case of any other default thereunder.
4. Default under First Mortgage Loan Documents. Trustee shall give the City notice
of any First Mortgage Loan Default, provided, however, that the failure to provide such notice shall
not prevent the exercise by Trustee of any of its rights or remedies under the First Mortgage Loan
Documents and this Agreement with respect to the First Mortgage Loan Default.
5. Conflict. Borrower and the City each agree that, in the event of any conflict or
inconsistency between the terms of the CDBG Loan Documents and the terms of this Agreement or
the terms of the First Mortgage Loan Documents, the terms of this Agreement and the First Mortgage
Loan Documents shall control.
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6. Rights and Obligations of the City Under the CDBG Mortgage. Subject to each
of the other terms of this Agreement, all of the following provisions shall supersede any provisions of
the CDBG Loan Documents covering the subject matter:
(a) Notices. The City shall deliver to Trustee a copy of each notice which it
delivers to Borrower in connection with the CDBG Loan simultaneously with the delivery of
such notice to Borrower.
(b) Protection of Security Interest. The City shall not, without the prior written
consent of Trustee in each instance, (i) take any action which has the effect of increasing the
indebtedness outstanding under, or secured by the CDBG Loan Documents, except that the
City shall have the right to advance funds pursuant to the CDBG Mortgage for the purpose of
paying real estate taxes and insurance premiums, making necessary repairs to the Property
and curing other defaults by Borrower under the CDBG Loan Documents, or (ii) appear in,
defend or bring any action to protect its interest in the Property.
(c) Environmental Matters. The City agrees not to take any action concerning
environmental matters affecting the Property without the prior written consent of Trustee.
(d) No Modification of CDBG Loan Documents. Borrower and the City each
agree that until the principal of, interest on and all other amounts payable under the First
Mortgage Loan Documents have been paid in full, it will not, without the prior written
consent of Trustee in each instance, (i) amend, modify, increase, extend, renew or replace the
CDBG Loan Documents in any manner which accelerates or increases the payments required
under the CDBG Loan Documentsor(ii) assign any of the City's interest in the CDBG Loan.
Any amendment of the CDBG Loan Documents or assignment of the City's interest in the
CDBG Loan Documents without Trustee's consent shall be void ab initio and of no effect
whatsoever.
7. Modification of First Mortgage Loan Documents. The City consents to any
agreement or arrangement in which Trustee waives, postpones, extends, reduces or modifies any
provisions of the First Mortgage Loan Documents, including any provision requiring the payment of
money.
8. Default by the City. If the City defaults in performing or observing any of the terms,
covenants or conditions to be performed or observed by the City under this Agreement, Trustee shall
have the right to all available legal and equitable relief
9. Notices.
If to the Trustee:
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If to the City: The Housing And Redevelopment Authority In And
For The City Of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344-2230
Attention:
If to the Borrower: The Community Home Program
1600 University Avenue West
Suite 401
St. Paul,MN 55104
Attention: Ginger Rudberg
Each notice or other communication (collectively, "notices" and singly, a "notice")which Trustee or
the City is required or permitted to give to the other pursuant to this Agreement shall be in writing
and shall be deemed to have been duly and sufficiently given if(a)personally delivered with proof of
delivery thereof (any notice so delivered shall be deemed to have been received at the time so
delivered), or sent by Federal Express (or other similar national overnight courier) designating early
morning delivery(any notice so delivered shall be deemed to have been received on the next Business
Day following receipt by the courier), or(c) sent by United States registered or certified mail, return
receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal
Service (any notice so sent shall be deemed to have been received two days after mailing in the
United States),to the respect parties at the addresses first set forth above. Either party may, by notice
given pursuant to this Section, change the person or persons and/or address or addresses, or designate
an additional person or persons or an additional address or addresses, for its notices, but notice of a
change of address shall only be effect upon receipt.
10. General.
(a) Assignment/Successors. This Agreement shall be binding upon and shall
inure to the benefit of the respective legal successors and assigns of Trustee and the City.
(b) Trustee's Consent. Wherever Trustee's consent or approval is required by
any provision of this Agreement, such consent or approval may be granted or denied by
Trustee in its sole and absolute discretion.
(c) Further Assurances. Upon the demand of Trustee from time to time, the
City agrees to execute and deliver all additional instruments and/or documents required by
Trustee in order to evidence that the CDBG Mortgage is subordinate to the lien, covenants
and conditions of the First Mortgage, or to further evidence the intent of this Agreement.
(d) Amendment. This Agreement shall not be amended except by written signed
by all parties hereto.
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(e) Governing Law. This Agreement shall be governed by the laws of the State
in which the Property is located.
(f) Severable Provisions. If any provision of this Agreement shall be invalid or
unenforceable to any extent, then the other provisions of this Agreement shall not be affected
thereby and shall be enforced to the greatest extent permitted by law.
(g) Term. The term of this Agreement shall commence on the date hereof and
shall continue until the earliest to occur of the following events: (i) the payment of all of the
principal of, interest on and premium, if any on the Bonds and any other amounts payable
under the First Mortgage Loan Documents; (ii) the payment of all of the principal of, interest
on other amounts payable under the CDBG Loan Documents, other than by reason of
payment which the City is obligated to remit to Trustee pursuant to Section 2 hereof; or (iii)
the acquisition by the Trustee of title to the Property pursuant to a foreclosure, or a deed in
lieu of foreclosure, or the exercise of a power of sale contained in the First Mortgage;
11. Certification of Outstanding Balance of CDBG Loan. The City hereby certifies
that the balance of the CDBG Note outstanding on the date hereof is $34,950.00, and that there does
not now exist a CDBG Loan Default.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
FIRST TRUST NATIONAL ASSOCIATION,
as trustee
By:
Name:
Title:
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FORM THE CITY
OF EDEN PRAIRIE, a public body corporate
and politic
By:
Name:
Title:
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THE COMMUNITY HOME PROGRAM, a
Minnesota non-profit corporation
By:
Name:
Title:
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 1996,
by , the of First
Trust National Association, a national banking association, as Trustee, on behalf of the national
association.
Notary Public
(NOTARIAL SEAL)
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 1996, by , the of The
Housing And Redevelopment Authority In And Form The City Of Eden Prairie, a public body
corporate and politic under the laws of the state of Minnesota, on behalf of the public body.
Notary Public
(NOTARIAL SEAL)
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STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 1996,
by , the of
Community Home Program Company, on behalf of the corporation.
Notary Public
(NOTARIAL SEAL)
THIS INSTRUMENT WAS DRAFTED BY:
Leonard, Street and Deinard
150 South Fifth Street, Suite 2300
Minneapolis,MN 55402
1419814
EXHIBIT A
Legal Description
[Lot 2 and Outlot B,Fraser-Charlson]
1419814
of
CITY COUNCIL/STAFF WORKSHOP
1997 PROPOSED BUDGET
TUESDAY, SEPTEMBER 3, 1996 6:30 PM, CITY CENTER
Heritage Room IV
8080 Mitchell Road
COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald
Case, Ross Thorfinnson, Jr., and Nancy Tyra-
Lukens
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Finance Director John
Frane, Assistant Finance Director Don Uram,
Director of Assessing Steve Sinell, Director of
Public Works Gene Dietz, Director of Human
Resources & Community Services Natalie
Swaggert, Director of Inspections Kevin
Schmieg, Director of Parks, Recreation &
Facilities Bob Lambert, Chief of Police Jim
Clark, Accountant Sue Kotchevar, Fire Chief
Spencer Conrad, and Recording Secretary Jan
Nelson
ROLL CALL
I. CALL MEETING TO ORDER
II. OVERVIEW OF 1997 PROPOSED BUDGET
III. OTHER BUSINESS
IV. ADJOURNMENT
- MEMORANDUM -
TO: Mayor and City Council
FROM: Eugene A. Dietz, Director of Public Works
DATE: August 30, 1996
SUBJECT: Utility Budget Forecast
As requested, staff has attempted to model the projected revenues and expenditures for the sanitary sewer and
water utility operation for a five-year period. Dietz and Don Uram will be available Tuesday evening to discuss
this information in more detail. However, the attached charts generally contain the following information:
1. Systematic rate increases will be necessary in the next few years. We are expanding our water treatment
plant due to the fact that our current population demand can easily exceed our current capacity.
However, since the expansion is based on ultimate population, the increased cost to operate the new
facility will necessarily increase the unit production costs for our current customer base.
2. Expenditures have been shown in three primary categories. The personal service category is a significant
impact to the operating expenditures for the water system. In order to operate the new facility, which
will come on line in 1998, approximately five new staff positions are proposed in the combined sewer
and water operation. Waste disposal is shown as a separate expenditure, since it is a significant expense
and is at the discretion of Met Council Environmental Services. The model trends past experience based
on expected population growth. The remaining expenditure category "all else" are deemed to be directly
proportional to production and demand requirements and are therefore modeled consistent with population
growth.
3. Water and sewer sales were trended based on the past six-year history. If all other factors remain
constant, population projections would be the very best forecast for revenue. However, you will note
that two additional rows are shown on the table that represent cooling degree days and precipitation totals
for the months of May through August. The result is that precipitation and summer temperature have
a significant influence on sales.
4. The retained earnings analysis shows the potential impact on the water rates in an attempt to maintain a
$1 million fund balance.
The conclusions that we would draw from this information are as follows:
• A $0.5 rate increase for 1997 is recommended.
• This information should be viewed as a guide, rather than a final decision on exact water rate changes
in the future.
CITY OF EDEN PRAIRIE
Engineering Division, Department of Public Works
WATER/SEWER UTILITY ENTERPRISE FUNDS
REVENUE AND EXPENSE PROJECTIONS
1990 1991 1992 1993 1994 1995 1996 1 7 1998 1999 2000 2001
EXPENSES
Personal Services 960,104 1,049,505 1,160,610 1,146,367 1,123,971 1,156,239 1,244,000 1,398,000 1,586,000 1,634,000 1,682,000 1,733,000
MWCC(CAFR) 1,794,165 1,732,755 1,481,253 1,799,088 2,242,301 1,724,832 2,400,000
MWCC(Actual) 2,092,000 1,873,752 2,029,416 2,039,469 2,045,749 2,412,672 2,485,052 2,559,604 2,636,392 2,715,484 2,796,948 2,880,857
%Increase/Decrease -10.43% 8.31% 0.50% 0.31% 17.94%
6.76%
Trend Line 3.00%
Other 1,122,141 1,034,641 1,189,214 1,149,010 1,383,128 1,769,719 1,894,661 2,028,424 2,171,631 2,324,948 2,489,089 2,664,819
%Increase/Decrease -7.80% 14.94% -3.38% 20.38% 27.95%
14.97%
Trend Line 7.06%
TOTAL $3,876,410 $3,816,901 $3,831,077 $4,094,465 $4,749,400 $4,650,790 $5,538,661 $5,986,028 $6,394,023 $6,674,432 $6,968,038 $7,278,676
-1.54% 0.37% 6.88% 16.00% -2.08% 19.09% 8.08% 6.82% 4.39% 4.40% 4.46%
5.29%
REVENUES
Water
Sales(Projected) 1,579,775 1,618,230 1,734,755 1,506,938 1,819,895 2,243,377 2,375,736 2,515,905 2,664,343 2,821,539 2,988,010 3,164,303
Retained Earnings 2,067,193 1,993,810 1,842,417 1,477,580 1,290,236 925,108
2.43% 7.20% -13.13% 20.77% 23.27%
Trend Line 5.90%
Sewer
Sales(Projected) 2,172,719 2,305,550 2,351,081 2,334,555 2,623,935 2,802,199 2,931,100 3,065,931 3,206,964 3,354,484 3,508,790 3,670,195
Retained Earnings (431,241) (216,495) 243,726 363,740 213,920 1,071,290
6.11% 1.97% -0.70% 12.40% 6.79% $5,306,836 $5,581,835 $5,871,307 $6,176,023 $6,496,800 $6,834,497
Trend Line 4.60%
Combined
Sales(Projected) $3,752,494 $3,923,780 $4,085,836 $3,841,493 $4,443,830 $5,045,576 $5,306,836 $5,581,835 $5,871,307 $6,176,023 $6,496,800 $6,834,497
Retained Earnings $1,635,952 $1,777,315 $2,086,143 $1,841,320 $1,504,156 $1,996,398 $1,764,573 $1,360,381 $837,665 $339,256 ($131,981) ($576,160)
Cooling Degree Days 740 857 337 451 617 887
Precipitation 19.95 15.01 14.58 22.38 12.32 13.12
Projected Population 39,311 40,415 41,755 43,159 45,391 46,000 47,980 49,300 50,664 51,478 52,732 53,876
WATER/SEWER UTILITY ENTERPRISE FUNDS
RETAINED EARNINGS ANALYSIS
1995 1996 1997 1998 1999 2000 2001
Total Expense (Projected) $4,650,790 $5,538,661 $5,986,028 $6,394,023 $6,674,432 $6,968,038 $7,278,676
Gallons(1000) 2,039,434 2,159,760 2,287,186 2,422,130 2,565,036 2,716,373 2,876,639
Water Sales $2,243,377 $2,375,736 $2,630,264 $2,906,556 $3,078,043 $3,395,466 $3,595,799
Projected @ $1.xx/1000 gal. $1.10 $1.10 $1.15 $1.20 $1.20 $1.25 $1.25
Gallons (1000) 1,437,025 1,503,128 1,572,272 1,644,597 1,720,248 1,799,380 1,882,151
Sewer Sales $2,802,199 $2,931,100 $3,065,931 $3,206,964 $3,354,484 $3,508,790 $3,670,195
Projected @ $1.95/1000 gal.
Combined Sales (Projected) $5,045,576 $5,306,836 $5,696,195 $6,113,520 $6,432,527 $6,904,256 $7,265,993
Surplus/(Deficit) ($231,825) ($289,833) ($280,503) ($241,905) ($63,781) ($12,683)
Retained Earnings $1,996,398 $1,764,573 $1,474,740 $1,194,237 $952,332 $888,550 $875,868
WATER/SEWER UTILITY ENTERPRISE FUNDS
RETAINED EARNINGS ANALYSIS
$8
$6
y f Total Expense(Projected)
$4 { Combined Sales(Projected)
♦ Retained Earnings
$2
$0 I 1 I I I
1995 1996 1997 1998 1999 2000 2001
Year
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 3, 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
Eugene Dietz, City Attorney Roger Pauly,
and Council Recorder Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
VOTE ON HIGHWAY 212 TOLL ROAD PROPOSAL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. OPEN PODIUM
III. MINUTES
A. JOINT CITY COUNCIL/ARTS COMMISSION MEETING HELD
TUESDAY, AUGUST 6, 1996
B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 20, 1996
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. RESOLUTION TO CONTINUE PARTICIPATION IN THE LIVABLE
COMMUNITIES PROGRAM
C. IMPACT MARKETING DEVELOPMENT by John Stedman. 2nd
Reading of an Ordinance for Zoning District Change from Rural to
Office on 6.02 acres, Adoption of a Resolution for Site Plan Review
on 6.02 acres and Approval of a Developer's Agreement for Impact
Marketing Development by John Stedman. Location: Baker Road
and Hwy 62. (Ordinance for Zoning District Change and
Resolution for Site Plan Review)
City Council Agenda
Tuesday, September 3, 1996
Page Two
D. 2ND READING OF AN ORDINANCE AMENDING CITY CODE
SECTION 3.30, TO BAN LAWN IRRIGATION BETWEEN THE
HOURS OF 12:01 PM AND 5:00 PM
E. RESOLUTION APPROVING FINAL PLAT OF HARTFORD PLACE
RETAIL ADDITION (located at the northeast corner of Prairie
Center Drive and Prairie Lakes Drive)
F. RESOLUTION APPROVING FINAL PLAT OF BEARPATH
TOWNHOMES 3RD ADDITION
G. APPROVAL OF CONTRACT FOR USE OF CITY FACILITIES
V. PUBLIC HEARINGS/MEETINGS
A. DEN ROAD COMMERCIAL CENTER by City of Eden Prairie.
Request for Zoning District Change from C-HVVY to C-REG-SER on
1.76 acres and Site Plan Review on 1.76 acres. Location: Den Road
and West 78th Street. (Ordinance for Zoning District Change)
B. ST. ANDREW'S BLUFF by Jasper Development Corporation of
Waconia. Request for Rezoning from Rural to RM-6.5 on 4.3 acres,
Site Plan Review on 4.3 acres and Preliminary Plat of 4.3 acres into
10 lots. Location: Baker Road at St. Andrew Drive. (Ordinance for
Rezoning and Resolution for Preliminary Plat)
C. MITCHELL BAY TWIN HOMES by Noecker and Associates.
Request for Comprehensive Guide Plan Change from Low Density
Residential to Medium Density Residential on .75 acres, Zoning
District Change from RM-2.5 and R1-22 to RM-6.5 on 1.5 acres, Site
Plan Review on 1.5 acres and Preliminary Plat on 1.5 acres.
Location: Terrey Pine Drive. (Resolution for Comprehensive
Guide Plan Change, Ordinance for Zoning District Change from
RM-2.5 and R1-22 to RM-6.5 and Resolution for Preliminary Plat)
City Council Agenda
Tuesday, September 3, 1996
Page Three
D. REALITY INTERACTIVE by Oppidan Investment Company.
Request for Comprehensive Guide Plan Change from Office to
Industrial on 6.42 acres, Planned Unit Development Concept
Amendment on 100 acres, Planned Unit Development District
Review with waivers on 6.42 acres, Zoning District Change from
Rural to 1-2 on 6.42 acres, Site Plan Review on 6.42 acres, and
Preliminary Plat of 20.5 acres into 1 lot and 2 outlots for construction
of a 40,000 square foot building. Location: Equitable Drive.
(Resolution for Comprehensive Guide Plan Change, Resolution
for PUD Concept Amendment, Ordinance for PUD District
Review and Zoning District Change, and Resolution for
Preliminary Plat)
E. RESEARCH ADDITION by Research, Inc. Request for Planned Unit
Development Concept Review on 26.2 acres, Planned Unit
Development District Review on 26.2 acres, Zoning District
Amendment in the 1-5 Zoning District on 26.2 acres, Site Plan
Review on 26.2 acres and Preliminary Plat on 26.2 acres into 2 lots.
Location: Flying Cloud Drive. (Resolution for PUD Concept
Review, Ordinance for PUD District Review and Zoning District
Amendment and Resolution for Preliminary Plat)
VI. PAYMENT OF CLAIMS
VII. ORDINANCES AND RESOLUTIONS
A. RESOLUTION ADOPTING 1997 PROPOSED TAX LEVY AND
ACCEPTING 1997 PROPOSED BUDGET
B. RESOLUTION ADOPTING THE 1997 PROPOSED LOCAL
TRANSIT SERVICE TAX LEVY
VIII. PETITIONS, REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
X. APPOINTMENTS
Xl. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
City Council Agenda
Tuesday, September 3, 1996
Page Four
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES
1. TREE PRESERVATION TASK FORCE REPORT
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
Ban TITA
UNAPPROVED MINUTES
JOINT CITY COUNCIL/ARTS COMMISSION
TUESDAY, AUGUST 6, 1996 6:30 PM, COUNCIL CHAMBERS
8080 MITCHELL ROAD
COUNCIL MEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald
Case, Ross Thorfinnson, Jr., Nancy Tyra-
Lukens
COMMISSION MEMBERS: Deb Campbell Potter, Chairperson; Barbara
Nordby, Vice Chairperson; Ann Birt, Rachel
Rutter, Em Stark, David Steppat, Harry
Gerrish
COUNCIL/COMMISSION STAFF: Carl Jullie, City Manager; Bob Lambert,
Director of Parks, Recreation and Facilities
Laurie Helling, Manager of Recreation Services
Marie Wagner, Recording Secretary
I. CALL MEETING TO ORDER
Mayor Jean Harris called the meeting to order at 6:45 p.m.
II. INTRODUCTIONS
Introductions were made by the Arts Commission members.
III. PRESENTATION OF 1995-1998 STRATEGIC PLAN
Mayor Harris stated she was impressed with the Commission's strategic planning.
Campbell Potter read the Arts Commission's role, responsibilities, mission and vision
as laid out in the handouts.
A. ROLE`RFSPONSIBILITY, MISSION, AND VISION
1. Arts Commission's Role
Campbell Potter stated the Commission wants to establish goals and keep
initiatives and directives tied into those goals. She stated the
Commission's role is defined by what it is charged with the promotion
and implementation of arts related programs.
2. Arts Commission's Responsibilities
Campbell Potter stated the Commission's responsibility is to function as
an agent to receive gifts and donations to the City Council for artistic
purposes according to policy; advising the Council on expense needs.
JOINT CITY COUNCIL/ARTS COMMISSION MINUTES
August 6, 1996
Page 2
3. Arts Commission's Mission
Campbell Potter stated the Arts Commission exists to enrich the cities
culture through diverse expression; increasing accessibility and
affordability and provide educational and participatory functions.
4. Eden Prairie Arts Vision 2000
Campbell Potter said the Arts Commission is very interested in
promoting arts appreciation events and arts festivals. She stated Eden
Prairie is becoming a magnet for interesting opportunities.
Campbell Potter said she is proud of the responsibility the Commission
is taking. She said tasks are revised on an annual basis and the
Commission wants to seek out ways to include others in their meetings.
B. STATEGIC GOAL
1. Review 1996 Work Plan
Campbell Potter briefly reviewed Goals 1-6 of the 1996 Strategic
Plan/Project Management Program as laid out in the handout.
Goal 1-Create an efficient organizational structure and process by which
to conduct the Arts Commission business.
Goal 2-Develop cooperative relationships with other arts related
organizations.
Goal 3-Be the Information Center to identify funding needs, funding
sources, and funding opportunities in the arts.
Goal 4-Determine the arts needs of Eden Prairie residents, and ensure
the development and offerings of programs and facilities to meet these
needs.
Goal 5-Establish and monitor utilization requirements to be met by all
arts facilities that are City funded.
Goal 6-Undertake creative publicity and promotional efforts which
enhance the visibility and awareness of the arts in Eden Prairie.
C. RECAP ACTIVITIES & ACCOMPLISHMENTS
1. Commission Brochure
Nordby discussed the Arts Commission brochure. On its cover read
`Great art picks up where nature ends'. Nordby said it is the
Commission's goal to have these brochures at community events.
Pidcock questioned if the brochures would be at the Chamber of
Commerce. All agreed they should be.
JOINT CITY COUNCIL/ARTS COMMISSION MINUTES
August 6, 1996
Page 3
2. Staring Lake Concert Series
Stark gave a history, including its beginning in the early 1980's, of the
Staring Lake Concert Series. He mentioned the large numbers of people
who attend the performances and said the cost is less than one dollar per
person after donations, etc.
3. Performing Arts Ensemble
The 1996 musical performance presented this summer by the PAE was
Fiddler on the Roof, which was held June 19-23, 1996 at the
amphitheater. The production was well attended each evening.
4. DiverseCity on the Prairie/Taste on the Prairie
Nordby said the 2nd Annual event will be held, Sunday, August 18 from
4-8 p.m. at the amphitheater. She said the Arts Commission and Human
Rights and Diversity Commission will be presented the "Award of
Excellence" by MRPA for this unique program at 6:40 p.m..
5. Art in the City Center
Nordby said City Staff and an Arts Commission representative
coordinate the artist showing schedule at the City Center. She said art
display exhibits run on a monthly basis.
6. Young Audience Program
Nordby said each school has an opportunity to select a group to perform
at their school. The Arts Commission sponsors up to $250 per school
for this program.
7. Arts Center
Nordby said during the past year, we have invited a Staring Arts Board
Member to our meetings and one of our members attends their monthly
meeting in an attempt to build a cooperative relationship.
Campbell Potter said she would like to see what the future direction will
be for an Art Center in Eden Prairie, as a result of the Staring Arts
Board's action to dissolve the Staring Arts Center Inc. non-profit
organization effective September 30, 1996. She said the Commission
still supports the concept for an Arts Center in Eden Prairie, however,
the Commission needs to figure out their role in art programs in light of
the recent announcement. Mayor Harris said she is disappointed and
would like to have the concept continue to be developed. She also said
JOINT CITY COUNCIL/ARTS COMMISSION MINUTES
August 6, 1996
Page 4
there was a feeling of competition. She suggested perhaps selecting one
to two people; inviting them into a task force and ask them to bring in
recommendations within a given period of time. Mayor Harris said this
would become a resource as well as an attraction in the community and
would add programmatic opportunities.
Thorfinnson said he strongly believes this should be a community wide
Arts Center and not just a City Arts Center. He said it could be funded
and operated by the city, however, the community would take
responsibility for it.
Campbell Potter said the Staring Arts Board was very successful at fund
raising. She said she asked them if they would be interested in
continuing that effort and it seemed they might be. Case stated he was
frustrated because 'we let this group slip through our fingers because we
haven't had a group like this for a while'. Case agreed it had to be a
public/private organization. He said there is a definite need for the
group that was there to rise up again. Case said he would keep the time
line to less than a year, although, he said he knows this would put a lot
of pressure on the Arts Commission. Case said he would like to get a
city understanding of what the model could be like and face it again in
six to nine months, seeing if it would be successful this time.
Campbell Potter said the Arts Commission would include a mixture of
people on the task force. She stated it would be a few months before
people from the Staring Lake Arts Board would be willing to sit down
again. Campbell Potter suggested having an arts presence, such as
classes or programs at the mall so as not to lose the location.
Stark stated the Arts Commission has wanted to start big since the
beginning and he said he does not know of a functioning Arts Center that
has started that way. He suggested starting small, planting a seed, and
progress from there.
Thorfinnson suggested thinking outside of the thoughts that have been
considered in the past couple of years. Thorfinnson said the space is not
a gift from the City or the Eden Prairie Center Management/Owners.
He said it is going to take a lot of effort to have it be useable. Case
stated the mall is not workable at the present time and also suggested
starting small.
Mayor Harris discussed the possibility of using the Senior Center for
some type of arts program. She suggested identifying other people to be
part of a task force to visualize and create an arts program.
JOINT CITY COUNCIL/ARTS COMMISSION MINUTES
August 6, 1996
Page 5
IV. SPECIALJNITIATIVES
A. Arts Festival
Hutter stated the first thing to be done is the Arts Festival. She said this would
entail meeting with art groups, contacting colleges; talking with professors who
teach art and giving them an opportunity to show the community art and teach
them about art. Hutter said perhaps students could display their art.
B. Communication with Arts Board
Refer to item V. A. 1&2.
C. Poetry Contest
Hutter spoke of connecting with many different age groups. She mentioned
there could be communication with local coffee houses. She also said perhaps
the top submissions of poetry could be printed.
D. Review/Research of Other Arts Opportunities (i.e.: ethnic dance)
Hutter said she would like to continue with this item.
E. Theater Subcommittee
Hutter said the Theater Subcommittee is in an infancy stage. She said the Arts
Commission would like to have theater performances year-round.
F. Park-in-Movies at Staring Lake Park
Hutter mentioned using the amphitheater space to watch movies, similar to
drive-in movies.
V. IDENTIFICATION OF ISSUES REQUIRING CITY COUNCIL1NPUT
A. Counci/Commission Communication
1. Attendance at Arts Commission Meetings by a Council Member
Semi-annually
Campbell Potter suggested that a Council Member participate in
discussion on art related issues along with the Arts Commission Board.
Thorfinnson said it is important to be careful that Council Members
don't become advocates for specific Boards and Commissions. He said a
liaison who would not vote could be appointed. The liaison could bring
issues before the Council as they arise rather than at annual joint
meetings.
JOINT CITY COUNCIL/ARTS COMMISSION MINUTES
August 6, 1996
Page 6
2. Inter-Commission Communication (written or verbal)
Inside the Manager's Update, each staff liaison would submit a small
paragraph on what each Board and Commission is doing.
B. Future of a Center for the Arts in Eden Prairie
Refer to III. C. 7 - Arts Center for discussion.
C. 1997 Proposed Budget
1. 1997 Service Budget
Steppat stated the following two items need to be cut out of the 1997
proposed budget to stay at the 1996 adopted budget amount.
1. Staring Lake Concert Series promotional merchandise, i.e.: T-shirts
etc.
2. Special initiatives as listed on the 1997 Proposed Budget Summary.
Steppat said there is a desire to explore other ways of raising revenues.
Mayor Harris asked what the principal source for funds was. Steppat
said contributions.
Mayor Harris said the budget will be incorporated directly under Parks
and Recreation. She stated the Council is in the midst of some difficult
decisions; therefore, there cannot be a commitment on the proposed
budget at this time.
D. Arts Commission Logo
Nordby said the Arts Commission would like a logo and would appreciate the
Council's support of this. Nordby said if the Council's approval is obtained,
the logo would be obtained and submitted to the Council for approval. Tyra-
Lukens stated a logo is a great idea and she said she did not see a conflict. The
other Council members agreed.
VI. CITY COUNCIL FEEDBACK AND DIRECTION
VII. OTHER BUSINESS
VIII. ADJOURNMENT
The meeting was adjourned at 7:23 p.m.
t0
Titeni. "Lb
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, AUGUST 20, 1996 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Ronald Case, Patricia
Pidcock, Ross Thorfinnson, Jr., and
Nancy Tyra-Lukens
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Parks,
Recreation & Facilities Bob Lambert,
Director of Public Works Eugene Dietz,
City Attorney Ric Rosow, and Council
Recorder Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmember Tyra-Lukens was absent. Councilmember Thorfinnson arrived at 7:50 p.m.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Pidcock moved, seconded by Case, to approve the Agenda as published.
Motion carried unanimously.
II. OPEN PODIUM
M. MINUTES
A. CITY COUNCIL/ TOLL ROAD MEETING HELD TUESDAY, JULY 30,
1996
MOTION: Case moved, seconded by Pidcock, to approve the Minutes of the City
Council/Toll Road Meeting held Tuesday, July 30, 1996, as published. Motion
carried unanimously.
B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 6, 1996
Case asked that page 6, paragraph 3, be changed to "...since this is one of the few
undeveloped farm sites...." Harris noted page 14, paragraph 3, should state "...for
the toll road a chance to be heard" and page 14, paragraph 4, "He was not sure
about the funding issue..."
Harris asked that page 13, paragraph 4, be completely revised as follows:
"Harris stated that the two issues before the Council were 1) Do we need and want
CITY COUNCIL MINUTES
August 20, 1996
Page 2
to have Highway 212 built as soon as possible; and, 2) If the current toll road
proposal is a condition we are willing to accept in return for early and certain
construction of Highway 212. She stated that the preponderance of testimony,
letters, and phone calls indicate the need for 212, with construction as early as
possible. The disagreement is on the proposal for financing of the road. She
further indicated that the toll road discussion really belongs at the level of the
State. If tolling is the preferred method for constructing highways in the future,
it should be clearly articulated and promoted. Harris believed that our need for the
immediate and total construction of Highway 212 is pressing; but perhaps not so
desperate that the Council need accept what might possibly become the only toll
road in the entire State of Minnesota. She also felt we have yet to hear a clear
expression of the intent to use tolls as a method of supporting future State Highway
construction. Harris asked whether the Council had heard sufficient information
that would lead them to cancel the second Public Hearing because of lack of
support for the philosophy of tolling on Highway 212. She felt Council should
proceed with the scheduling of the second Public Hearing to continue the
information gathering prior to taking a vote. Harris emphasized if we were to vote
to veto the "toll road" and the second Public Hearing, it should be done with a
clear understanding that the Council is not voting on the proposal which MnDot
has yet to send forward, but rather on the philosophical issue of tolling. Lastly,
she indicated that from information currently avail ble, MnDot could possibly fund
the westward extension of TH 212, perhaps all the way into Carver County.
Harris pointed out, we would not be getting the whole loaf, but we would be
getting relief. Harris added in summary, if the Council proposes to send a signal
to MnDot to return to traditional funding, it must also clearly emphasize that the
issue is not the need for 212, but rather its discomfort and that of its citizens with
the funding proposed for its construction.
MOTION: Case moved, seconded by Pidcock, to approve the Minutes of the City
Council meeting held Tuesday, August 6, 1996, as published and amended.
Motion carried unanimously.
IV. CONSENT CALENDAR
A. MITCHELL VILLAGE by Centex Homes. 2nd Reading of Ordinance 27-96-
PUD-10-96 for PUD District Review on 41 acres and Zoning District Change from
RM-2.5 to RM-6.5 on 19.65 acres and Approval of a Developer's Agreement for
Mitchell Village by Centex Homes. Location: Anderson Lakes Parkway and
Mitchell Road. (Ordinance 27-96-PUD-10-96 for PUD District Review and
Zoning District Change)
B. 2ND READING OF ORDINANCE 32-96 AMENDING CITY CODE
CHAPTER 9 BY ADDING SECTION 9.72, RELATING TO THE
EMERGENCY SECURING OF BUILDINGS AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99
CITY COUNCIL MINUTES
August 20, 1996
Page 3
C. OLYMPIC RIDGE HOUSING PROTECT SUPPLEMENTAL INDENTURE-
Authorization to execute a First Supplemental Indenture of Trust for the City
of Eden Prairie, Minnesota, for Multi-Family Housing Revenue Refunding
Bonds, Series 1995A (Resolution 96-131)
D. AGREF.MENT REGARDING SPECIAL ASSESSMENTS AND
RESOLUTION OF ABATEMENT FOR SPECIAL ASSESSMENTS FOR LOT
3, BLOCK 2, MAPLE LEAF ACRES 9TH ADDITION (Resolution 96-132)
E. AUTHORIZATION OF A SCHOOL SPEED_LIMIT OF 20 MPH ON A
PORTION OF BRAXTON DRIVE ADJACENT TO CEDAR RIDGE
ELEMENTARY SCHOOL (Resolution 96-133)
F. APPROVAL OF WINTER USE FOR LRT TRAIL
G. AI PROVAL OF RECOMMENDATION FOR POLICY ON CHARGING FOR
ELECTRICAL USE IN PARKS
H. 2ND READING OF DUCK LAKE SURFACE MANAGEMENT ORDINANCE
33-96
I. RESOLUTION 96-134 REJECTING BIDS FOR PHEASANT WOOD PARK
PLAYGROUND EQUIPMENT
MOTION: Pidcock moved, seconded by Case, to approve items A-I on the
Consent Calendar. Motion carried unanimously.
The Council then took items VI and VII out of sequence in order to postpone the
Public Hearings until the arrival of Councilmember Thorfinnson.
VI. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Case, to approve the Payment of Claims as
submitted. Motion carried on a roll call vote, with Case, Pidcock, and Harris voting
"aye."
VII. ORDINANCES AND RESOLUTIONS
A. 1ST READING OF AN ORDINANCE AMENDING CITY CODE SECTION
3.30, TO BAN LAWN IRRIGATION BETWEEN THE HOURS OF 12:01 PM
AND 5:00 PM
Jullie reviewed the proposed Ordinance that will revise City Code Section 3.30,
Subd. 6 to ban turf irrigation between the hours of 12:01 PM and 5:00 PM. This
is the period of time when the volume of water in the City's water system is
dropping and the highest percentage of water used for irrigation is lost to
J
CITY COUNCIL MINUTES
August 20, 1996
Page 4
evaporation. Banning irrigation during these afternoon hours reduces overall
evaporation loss, and allows the water plant to catch up with the high water
demand which occurs during the day. The Ordinance revision is recommended by
the Environmental &Waste Management Commission.
Case asked how we intend to publicize the change. Dietz said we will put a
brochure into the utility billing envelopes. Case noted the utility billing is a cycle
billing, so we must be looking at this change for next year. Dietz said he thought
the press would pick up on it tonight; however, by the time it is approved it will
be September, so we will really have until next spring to publicize it.
Case asked what the penalty will be and how the ordinance will be enforced. Dietz
said the ordinance allows a surcharge to be added to the utility billing; however,
he suggested the Environmental & Waste Management Commission discuss the
issue of penalty and enforcement because there had been some discussion about
changing from a surcharge to ticketing.
Case asked how many people have been penalized this past season. Dietz said they
have never issued a surcharge.
Harris asked how we identify a violation. Dietz said we get calls from neighbors,
then we go out and put a notice on the door of the violator.
Pidcock asked how the City facilities, the School District, and other governmental
bodies will be affected by the ban. Dietz said there is a real problem with
individual and commercial underground sprinkler systems. There will be some
conversation at the Staff meeting and we will probably have some more in-house
training.
Case stated his support of the Environmental & Waste Management Commission;
however, he thought it is a problem if we have an ordinance that is recognized as
not often enforced. He wanted the Commission to research the enforcement
options and to provide their recommendations for enforcement to the Council.
MOTION: Case moved, seconded by Pidcock, to approve 1st Reading of an
Ordinance amending City Code, Section 3.30, to ban lawn irrigation between the
hours of 12.01 PM to 5:00 PM. Motion carried unanimously.
Councilmember Thorfinnson arrived at 7:45 p.m.
V. PUBLIC HEARINGS/MEETINGS
A. KOPESKY ADDITION by Wayne Kopesky. Request for Rezoning from Rural
to R1-13.5 on 5.32 acres and Preliminary Plat of 5.32 acres into 13 lots.
Location: West 82nd Street. (Ordinance for Rezoning from Rural to R1-13.5
and Resolution for Preliminary Plat)
CITY COUNCIL MINUTES
August 20, 1996
Page 5
Jullie noted this item was continued from the August 6, 1996 Council meeting at
the request of the proponent. Proponent is requesting another continuance to
October 1, 1996.
MOTION: Pidcock moved, seconded by Case, to continue the Public Hearing to
the October 1, 1996 City Council meeting. Motion carried unanimously.
B. LIL'RED GAS PUMPS by John Richmond. Request for Site Plan Review on
1.49 acres and Preliminary Plat of 1.49 acres into 1 lot and road right-of-way.
Location: Southeast corner of Valley View Road and County Road 4. (Resolution
96-135 for Preliminary Plat)
John Richmond, representing proponent, reviewed the request to replace the
gasoline facilities at Lil' Red.
Enger said the Planning Commission recommended approval of the request on a
6-0 vote at the July 22, 1996, meeting, subject to the recommendations of the Staff
Report of July 19, 1996. The request was not reviewed by the Parks, Recreation
& Natural Resources Commission.
Pidcock asked if the State Environmental Agency reviews such requests when gas
pumps go in. Dietz said there is oversight by the State.
MOTION: Thorfinnson moved, seconded by Pidcock, to close the Public
Hearing; to adopt Resolution 96-135 for Preliminary Plat of 1.49 acres into 1 lot
and road right-of-way; and to direct Staff to prepare a development agreement
incorporating Commission and Staff recommendations. Motion carried
unanimously.
C. BENT CREEK COVE by Taurus Properties Inc. Request for Comprehensive
Guide Plan Change from Low Density Residential to Medium Density Residential
on 2.5 acres, Planned Unit Development District Review on 2.5 acres, Zoning
District Change from R1-13.5 to R1-9.5 on 2.5 acres and Preliminary Plat of 2.5
acres into 10 lots. Location: Valley View Road and Howard Lane. (Resolution
96-136 for Comprehensive Guide Plan Change, Ordinance for PUD District
Review and Zoning District Change and Resolution 96-137 for Preliminary
Plat)
Duane Dietrich, representing Taurus Properties, reviewed the proposal for patio
homes on 10 single family lots with lot size and setback waivers, at a density of 4
units per acre. The development will be similar to homes on Shady Oak Road.
He distributed photos of those homes. It will be mid- to upper-level housing that
will start at $300,000.
Enger said the Planning Commission reviewed the proposal at the July 22, 1996
meeting and recommended approval on a 6-0 vote, subject to the recommendations
5
CITY COUNCIL MINUTES
August 20, 1996
Page 6
of the July 19, 1996 Staff Report.
Lambert said the Parks, Recreation &Natural Resources Commission reviewed the
proposal at the August 6, 1996, meeting and recommended approval on a 5-1 vote.
The Commissioner voting against the proposal was concerned about the shoreline
variance and the number of lots. The Commission also wanted to see where the
snow removed from the trail would be placed.
Dietrich pointed out the space on the west side of the development that is unusable
because of the number of easements that are located there. That will be the area
used for snow removal. Lambert said the Commission's concern was where the
snow would be placed when the City blows snow off the sidewalks along Valley
View Road. Dietrich said there are nine or ten feet of City property between their
boundary and the edge of the sidewalk. Lambert asked if the vegetation along that
area would be harmed. Dietrich said they plan to put trees along the wall but only
grass on the City property.
Paul Olson, 8899 Flesher Circle, asked if there are any plans for including
affordable housing in this proposal. Harris said we are asking developers to
include that type of housing on a voluntary basis.
Enger said this proposal is part of the over-all Edenvale PUD which is one of the
larger original PUD's in the City and has a number of affordable housing units,
including one that is subsidized Section 8 housing. This project of ten lots does not
meet the policy specifically; however, we do talk to each developer about the goal
for affordable housing.
MOTION: Case moved, seconded by Pidcock, to close the Public Hearing; to
approve 1st Reading of an Ordinance for Zoning District Change from R1-13.5 to
R1-9.5 on 2.5 acres; to adopt Resolution 96-136 for Comprehensive Guide Plan
Change on 2.5 acres; to adopt Resolution 96-137 for Preliminary Plat on 2.5 acres;
and to direct Staff to prepare a development agreement incorporating Commission
and Staff recommendations. Motion carried unanimously.
D. STARING LAKE TOWNHOUSES PHASE II by Pulte Homes. Request for
Comprehensive Guide Plan Change from Low, Medium and High Density
Residential and Office to Medium Density Residential on 35.58 acres, Planned
Unit Development Concept Review on 35.58 acres, Planned Unit Development
District Review on 35.58, Rezoning from Rural to RM-6.5 on 35.58 acres, Site
Plan Review on 35.58 acres, and Preliminary Plat of 35.58 acres into 112 lots and
3 outlots. Location: Anderson Lakes Parkway and Staring Lake Parkway.
(Resolution 96-138 for Comprehensive Guide Plan Change, Resolution 96-139
for PUD Concept Review, Ordinance for PUD District Review and Rezoning
from Rural to RM-6.5 and Resolution 96-140 for Preliminary Plat)
Gary Grant, representing Pulte Homes, said this is the same plan as was brought
(D
CITY COUNCIL MINUTES
August 20, 1996
Page 7
forth with Phase I and said they were available for questions.
Enger said the Planning Commission reviewed the proposal at the August 12, 1996
meeting, and recommended approval on a 6-0 vote, subject to the recommendations
of the August 9, 1996, Staff Report. The Parks Commission did not review the
proposal. Enger noted that this is the same project that was approved by the
Council at the Public Hearing for Phase I of the project.
Proponent displayed the boards that showed the variety of colors and textures that
will be used on the building exteriors.
MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public
Hearing; to approve 1st Reading of an Ordinance for PUD District Review and
Zoning District Change from Rural to RM-6.5 on 35.58 acres; to adopt Resolution
96-138 for Comprehensive Guide Plan Change on 35.58 acres; to adopt Resolution
96-139 for PUD Concept Review on 35.58 acres; to adopt Resolution 96-140 for
Preliminary Plat. on 35.58 acres; and to direct Staff to prepare a Development
Agreement incorporating Commission and Staff recommendations. Motion
carried unanimously.
VIII. PETITIONS, REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. SENIOR ISSUES TASK FORCE - 5TH QUARTERLY REPORT FROM
SENIOR ISSUES TASK FORCE
Bette Andersen, co-chair of the Senior Issues Task Force, presented the group's 5th
Quarterly Report. They will present their last report in November and have
reserved time for a workshop session with the Council to review the Task Force's
recommendations. They are almost through the study sessions and are beginning
to prepare recommendations. At their last meeting they met with 20 persons
selected from the three senior residences in Eden Prairie--a group that was
generally older, more frail and less likely to drive than the previous focus groups.
Transportation was the predominant concern for this group and they gave their
recommendations for traffic signals and lighting as well as vehicular transportation
needs. She noted that Amoco and PROP provided small gifts for all the focus
group participants.
Harris said she was surprised by the number of people on the waiting list for
Edendale. She recently had a discussion with a representative of Volunteers for
America who said they are interested in working in Eden Prairie. She asked if this
means we need additional subsidized housing in the City. Andersen noted some
of the HUD developments are turning into market-rate units, and she thought the
"popularity" of a building was determined by who was managing the building.
7
CITY COUNCIL MINUTES
August 20, 1996
Page 8
Case said he expected many recommendations to come out of the final report from
the Task Force, many of them for the mid or long term. One of the short-term
recommendations has to do with parking and would provide senior preferential
parking next to handicapped spaces in public parking lots. Pidcock thought
mothers with young children could use preferential parking as well. Case said he
would like Staff to look at what other communities do in terms of preferential
parking and bring a report to the meeting in November.
Pidcock asked if we have any information about where PROP will be this
Christmas because they have asked if they can use the old Police Dept. building.
Enger said we are in negotiations with Cooperative Power now, so Staff will get
back to the Council about use of that facility. Pidcock suggested we ask
Cooperative Power if they would be willing to allow PROP to use the building this
Christmas season.
Harris thanked Andersen for her report. Pidcock noted we appreciate the work of
the Senior Issues Task Force.
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Reschedule Joint Meeting with Flying Cloud Airport Advisory
Commission from September 3, 1996 to September 17, 1996, 6:30 PM
2. Reschedule Proposed Budget Workshop from August 27, 1996 to
September 3, 1997, 6:30 PM
Jullie noted the Toll Road meeting has been scheduled for August 27, 1996,
thus making it necessary to reschedule two of the other meetings.
MOTION: Thorfinnson moved, seconded by Pidcock, to reschedule the
Joint Meeting with Flying Cloud Airport Advisory Commission from
September 3, 1996 to September 17, 1996 at 6:30 PM; and to reschedule
the Proposed Budget Workshop from August 27, 1996 to September 3,
1996 at 6:30 PM. Motion carried unanimously.
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES
1. Draft Guideline for City/School Use of Facilities
Lambert said the Council asked Staff to look at what things the City
CITY COUNCIL MINUTES
August 20, 1996
Page 9
charges for, to check out what use of facilities the School District charges
the City for, and to compare the charges to see if we are consistent with
other communities. After checking out ten other communities and having
discussions with the School District, they have drafted a set of guidelines
for City/School use of facilities. They are recommending that a six-
member Joint Facilities Advisory Committee be formed to take a look at
this issue in depth. There are several joint-powers agreements and some
hand-shake deals that should be written down. He suggested the
Committee review the proposed memorandum of understanding. The
Committee would be on-going and would review duplication of programs
and services after the initial meetings.
Lambert said the Parks Commission suggested some changes to the draft
guidelines last night, but agreed to support it. He asked that a City Council
member be part of the Advisory Committee, along with a representative
from the City, one from the School District, one from the Parks
Department and one from the Arts Commission. The first meeting would
be scheduled for late September or early October.
Harris suggested that Councilmember Tyra-Lukens be appointed as the
Council representative.
MOTION: Case moved, seconded by Thorfinnson, to approve the
Guideline for City/School use of facilities, to appoint Councilmember Tyra-
Lukens to serve on this Committee, and to request the Arts Commission
and Parks, Recreation & Natural Resources Commission to submit names
of representatives from each of their commissions to serve on this
committee. Motion carried unanimously.
2. Rental Contract for Use of Eden Prairie Community Center
Lambert said in past years the City has used a monthly schedule and a
verbal commitment from our major users of the ice rink and the swimming
pool. About a year ago Staff began the process to draft a rental contract in
order to get a written commitment for major blocks of pool and ice time.
This will allow us to sell unused blocks of time to other groups. Staff
contacted other ice arenas and found that we are the only group that does
not use a written contract. The City Attorney prepared a draft of the
contract, and Staff reviewed it with the major groups. At this point the
Figure Skating Club wants their organization to be indemnified, which the
City Attorney disagrees with.
Harris asked if the absence of indemnification would eliminate individuals
from receiving damages. City Attorney Rosow said that the City's
indemnification would allow the City to be reimbursed for legal fees as well
as damages.
9
CITY COUNCIL MINUTES
August 20, 1996
Page 10
Kathy Gallagher, representing the Figure Skating Club, said they believe
the issues they asked for were ignored. They understand the need for a
contract, but feel they should be able to keep working until they reach a
mutually-acceptable agreement. They want to be protected if the City is
not at fault as they don't have a lot of resources. They also have an
addendum to their contract that the other groups do not have.
Harris asked what their addendum is. Gallagher said they are required to
carry the City of Eden Prairie on the insurance with Figure Skating U.S.A.
Lambert said the addendum was at the request of the club's representative
during discussions with the City Attorney. Gallagher said the request was
conditional on getting another change in the contract. She said they just
want to continue working on the agreement with the City.
Rosow noted there has been a lot of discussion on indemnification. The
City does carry insurance in cases of someone who is injured on account of
the negligence of the City. He was not sure more discussion would be
fruitful.
David Dillon, 881, Violin Court, Chanhassen, said they worked with the
Hockey Association on recommendations. He said the City took out
several provisions after their discussions but left the indemnification clause
in. They are asking that if the City does something wrong, they want
protection from law suits. They are just asking that the City assume
liability where it already has liability, not to expand the City's liability.
Pidcock thought the two parties should continue discussions and try to reach
a resolution within the next two weeks. Thorfinnson didn't think this is
headed towards a resolution. Case agreed each small group that uses our
facilities is made up of Eden Prairie people; however, he thought the City
Attorneys are trying to protect the rights of all residents, not just one
group, and he would defer to the recommendation of the attorneys.
Jullie said there may be some additional comforting language that we could
put in the contract.
Thorfinnson asked if we are going to use the contract each time an outside
club uses the facilities. Lambert said this contract is considered the long-
term contract and would be used for all the major, large groups that rent
the facilities. Thorfinnson asked what they use for the softball leagues.
Lambert said they have a short form contract that is used only when we
collect money. Thorfinnson asked if there is an indemnification clause in
those contracts. Lambert said there is not. Thorfinnson then asked why we
don't have it in all contracts. Rosow said that, when money is being
collected, it is appropriate to have this type of language.
/0
CITY COUNCIL MINUTES
August 20, 1996
Page 11
If we are going to set policy on this, Thorfinnson thought we should look
at other situations. Lambert said he would have the City Attorney review
the short term contract as well.
MOTION: Case moved, seconded by Thorfinnson, to approve the contract
draft in its present form, and to authorize staff to begin selling ice time and
pool time via the use of this contract. Motion carried unanimously.
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
Pidcock noted she did not receive a policy report on boulevard trees. Harris suggested
Staff continue work on the report and bring it to a future Council meeting.
Thorfinnson noted we need to clean up the planters along the "downtown" streets. They
are full of weeds and dead trees. Dietz said we have been trying to get the contractor to
finish the job. Thorfinnson said he was also concerned about developing a long-term
solution.
XIII. ADJOURNMENT
MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion
carried unanimously. Mayor Harris adjourned the meeting at 9:05 p.m.
013 CITY COUNCIL AGENDA DATE:
°Ci SECTION: Consent Calendar 9-3-96
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance - Pat Solie Clerk's License Application List IV.A.
These licenses have been approved by the department heads responsible for the licensed activity.
CONTRACTOR(Multi-Family& Comm) HEATING & VENTILATING
Immanuel Lutheran Church Romark Inc
Robert Muehlberg
R J Ryan Construction Inc RAFFLE
Witcher Construction Co
Eden Prairie Hockey Association
PLUMBING (conducted at the Eden Prairie
Community Center on 12-14-96)
Bruce Nelson Pluming& Heating Telephone Pioneers Chapter 18
Norseman Plumbing (conducted at the Eden Prairie Police
Dept on 1-31-97).
GASFITTER
Statewide Gas Services Inc
Action/Direction:
September 3, 1996 1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
APPROVING RAFFLE PERMIT FOR THE EDEN PRAIRIE HOCKEY
ASSOCIATION
BE IT RESOLVED by the Eden Prairie City Council as follows:
That the application of the Eden Prairie Hockey Association for a Raffle
Permit with the State of Minnesota is herein approved. The location for
this permit is the Eden Prairie Community Center on December 14, 1996.
ADOPTED by the Eden Prairie City Council on 9-3;96.
Jean L. Harris, Mayor
ATTEST;
John D. Frane, City Clerk '
CITY COUNCIL AGENDA DATE: September 3, 1996
SECTION: Consent
DEPARTMENT: ITEM DESCRIPTION: ITEM NO:
Community Development Resolution to Continue Participation O
Chris Enger in the Livable Communities Program
David Lindahl
REQUESTED COUNCIL ACTION:
Approve resolution to participate in the Local Housing Incentives Account Program under the Livable
Communities Act.
BACKGROUND:
To continue participation in the Livable Communities program, and to have access to various funding
accounts through the Metro Council, cities must each year submit a resolution electing to participate in the
Local Housing Incentives Account(LHIA)program.Participating cities must also contribute a certain level
of funding toward meeting their affordable housing goals. This local contribution is referred to by the Metro
Council as the Affordable and Life Cycle Housing Opportunities Amount(ALHOA). Electing to participate
in the LHIA program, and expenditure of the ALHOA, are both necessary in order to have access to funding
available through any one of the following three Metro Council funding accounts:
• Tax Base Revitalization Account
• Livable Communities Demonstration Account
• Local Housing Incentives Account
The ALHOA amounts are established by the Metro Council through a formula prescribed in law involving
tax base and market values. The proposed ALHOA amount for Eden Prairie in 1997 is $74,561. Sources of
local contributions can be CDBG funding, Tax Increment Financing (TIF), local levies, etc. The tax
increments that will be provided to the Columbine Townhouses annually over the next fifteen years will
qualify. So will the $150,000 in CDBG funds that the City Council targets toward housing projects each
year.
SUPPORTING INFORMATION:
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1997
WHEREAS,the Metropolitan Livable Communities Act(Minnesota Statues Section 473.25 to 473.254)
establishes a Metropolitan Livable Communities Fund which is intended to address housing and other
development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and
WHEREAS,the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization
Account,the Livable Communities Demonstration Account and the Local Housing Incentive Account,is
intended to provide certain funding and other assistant to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the
Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the
Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local
Housing Incentives Account Program under the Minnesota Statutes section 473.254; and
WHEREAS,the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate
with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent
with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development
Guide; and
WHEREAS,each municipality must identify to the Metropolitan Council the actions the municipality
plans to take to meet the established housing goals through preparation of the Housing Action Plan; and
WHEREAS,the Metropolitan Council adopted,by resolution after a public hearing,negotiated
affordable and life-cycle housing goals for each participating municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives
Account Program must do so by November 15 of each year; and
WHEREAS,for calendar year 1997, a metropolitan area municipality that did not participate in the
Local Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota
Statutes section 473.254 only if: (a)the municipality elects to participate in the Local Housing Incentives
Account Program by November 15, 1996; and(b)the Metropolitan Council and the Municipality have
successfully negotiated affordable and life-cycle housing goals for the municipality:
NOW,THEREFORE, BE IT RESOLVED THAT the City of Eden Prairie hereby elects to
participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act
during the calendar year 1997.
ADOPTED by the City Council on
ATTEST:
Jean L. Harris, Mayor
John D. Frane, City Clerk
g:\jaa\dave\res-met.act
3
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-3-96
SECTION: 2ND READING ITEM NO. 'V `//��
.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger IMPACT MARKETING DEVELOPMENT
Michael Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt 2nd Reading of an Ordinance for Zoning District Change from Rural to Office on 6.02 acres;
• Approve a Site Plan Review on 6.02 acres;
• Approval of a Developer's Agreement.
Supporting Reports:
1. Zoning Ordinance
2. Resolution for Site Plan Review
3. Developer's Agreement
I
IMPACT MARKETING DEVELOPMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
SECTION 1. That the land which is the subject of this Ordinance(hereinafter,the"land")is legally described
in Exhibit A attached hereto and made a part hereof.
SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and
be placed in the Office District.
SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the
Rural District and shall be included hereafter in the Office District, and the legal descriptions of land in each District
referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly.
SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their
entirety,by reference, as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement
dated as of September 3, 1996, entered into between John Stedman and the City of Eden Prairie, and which
Agreement are hereby made a part hereof.
SECTION 6. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of April,
1996, finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of
the City Council of said City on the 3rd day of September, 1996.
ATTEST:
John D.Frane, City Clerk Jean L. Harris,Mayor
PUBLISHED in the Eden Prairie News on .
2
IMPACT MARKETING DEVELOPMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Summary: This ordinance allows rezoning of land located at Baker Road and Hwy. 62 from Rural
to Office on 6.02 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with
this Ordinance,gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane /s/Jean L. Harris
City Clerk Mayor
•
PUBLISHED in the Eden Prairie News on the
(A full copy of the text of this Ordinance is available from City Clerk.)
3
Exhibit A
Impact Marketing Development
Legal Description
The land retorted to in this commltmsntJpollcy In the Stale of Mimisclota_ - , County of klennenic
and Is descried se follows:
That part of the Northwest Quarter of the Northeast Quarter of Section 3,
Township 116, Rance 22, Hennepin County. Minnesota, described as fo11cW8:
Betrinning at the intersection of the South line of the North 40.00 feet of
said Northwest Quarter of the Northeast Quarter with the vest lice of acid
Northwest Quarter of the Northeast Quarter; thence an an assumed bearing of
South 1 degree 51 minutes 37 seconds Rast along said Nast line a distance of
405.48 feet to the Northwest corner of Outlot h, St. John's Wood, according to
the recorded plat thereof; thence North 89 degrees 50 minutes 12 seconds East
along the North line of said Outlot A, a distance of 699.74 feet; thence North
5 degrees 18 minutes 57 seconds West a distance of 256.40 feat: thence
Northwesterly 127.05 feet along a tangential curve Concave to the Southwest,
having a radius of 100.51 feet and a central angle of 72 degrees 25 minutes 40
seconds: thence North 77 degrees 44 ninutaa 37 seconds West tangent to Said
curve a distance of 70.90 feet; thence North 81 degrees 33 minutes 28 seconds
West a distance of 306.95 feet: thence Northwesterly along a tangential curve
concave to the South, having a radius of 1859 .86 feet to an intersection with
said South line of the North 40.00 feet of the Northwest Quarter of the
Northeast Quarter; thence weaterly, not tangent to the last described curve,
along said South line to the point of hagianiri7-
L/
IMPACT MARKETING DEVELOPMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR IMPACT MARKETING DEVELOPMENT
BY JOHN STEDMAN
WHEREAS, John Stedman has applied for Site Plan approval of Impact Marketing Development on
6.02 acres for construction of a 13,600 square foot two-story and a 6,700 square foot two-story office building,
located at Baker Road and Hwy. 62 to be zoned Office by an Ordinance adopted by the City Council on April
16, 1996; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 11,
1996, Planning Commission meeting and recommended approval of said site plans; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its April 16, 1996,
meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE,that site plan approval be granted to Impact Marketing Development for the construction
of two office buildings,based on plans dated May 28, 1996,between John Stedman and the City of Eden Prairie.
ADOPTED by the City Council on September 3, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
DEVELOPER'S AGREEMENT
IMPACT MARKETING
THIS AGREEMENT,made and entered into as of September 3, 1996, by John Stedman, President of
Impact Marketing, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN
PRAIRIE, a municipal corporation,hereinafter referred to as "City:"
WITNESSETH:
WHEREAS,Developer has applied to City for Comprehensive Guide Plan Change from Hennepin
County- Quasi Public Open Space to Office on 6.02 acre,Zoning District Change from Rural to Office on 6.02
acres, Site Plan Review on 6.02 aacres, and Preliminary Plat of 6.02 acres into lots, for the construction of two
office buildings situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached
hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Zoning and
Resolution No. 96-69, Preliminary Plat, and Resolution No. for Site Plan Review, and Resolution No.
96-68 - Guide Plan Change. Developer covenants and agrees to construction upon, development, and
maintenance of said Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised and
dated May 28, 1996,reviewed and approved by the City Council on April 16, 1996, and attached
hereto as Exhibit B, subject to such changes and modifications as provided herein.
2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer
at such times and in such manner as provided therein of all of the terms, covenants, agreements,
and conditions set forth in Exhibit C, attached hereto and made a part hereof.
3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property,Developer shall submit to the City Engineer,
and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim
irrigation systems and storm sewer.
Upon approval by the City Engineer,Developer agrees to implement the approved street and
utility plans prior to building permit issuance.
4. EXTERIOR MATERIALS: Prior to building permit issuance,the Developer shall submit to
the City Planner, and receive the City Planner's approval of a plan depicting exterior materials
and colors to be used on the buildings on the Property.
Upon approval by the City Planner, Developer agrees to implement the approved exterior
materials and colors plan concurrent with building construction on the Property and in
accordance with the terms and conditions of Exhibit C, attached hereto.
5. FINAL GRADING , DRAINAGE,AND EROSION CONTROL PLAN:
A. FINAL GRADING PLAN: Developer acknowledges that the grading and drainage plan
contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the
Property, Developer shall submit and obtain the City Engineer's approval of a final
grading and drainage plan for the Property. The final grading and drainage plan shall
include all water quality ponds, storm water detention areas and storm sewers. All
design calculations for storm water quality and quantity together with a drainage area
map shall be submitted with the final grading and drainage plan. Developer shall
implement the approved grading and drainage plan prior to, or concurrent with building
construction.
B. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall
submit to the City Engineer and obtain City Engineer's approval of an Erosion Control
Plan for the Property. The Erosion control plan shall include all boundary erosion
control features, temporary stockpile locations and turf restoration procedures. All site
grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D,
attached hereto and made a part hereof. Developer shall implement the approved plan
prior to, or concurrent with building construction.
6. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the property, Developer shall submit to the City Forester and receive the City
Forester's approval of a plan depicting the construction grading limits on the property. Prior to
the issuance of the land alteration permit, Developer shall place a construction fence at the limits
of the proposed grading as shown on Exhibit B. Developer shall notify the City and Watershed
District 48 hours in advance of grading so that the construction limit fence may be field
inspected and approved by the City Engineer and City Forester.
7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's approval-of a plan for irrigation of the.landscaped areas on the Property.
Upon approval by the City Planner, Developer agrees to implement the approved irrigation plan
concurrent with construction and in accordance with the terms and conditions of Exhibit C,
attached hereto.
8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City
Planner and receive the City Planner's approval of a final landscape plan for the Property. The
approved landscape plan shall be consistent with the quantity, type, and size of plant materials as
shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish
to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of
the cost of said improvements as required by City code.
Upon approval by the City Planner, Developer agrees to implement the approved landscape plan
concurrent with building construction on the Property, and in accordance with the terms and
conditions of Exhibit C, attached hereto.
9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to City Planner, and
receive City Planner's approval of a plan for screening of mechanical equipment on the Property.
Said mechanical equipment includes the gas meters, electrical conduit, and water meters in
addition to standard heating, ventilating, and air conditioning units. Security to guarantee
construction of said screening shall be included with that provided for landscaping on the
Property, per City Code requirements. Developer shall implement the approved plan concurrent
with building construction.
If, after completion of construction of said mechanical equipment screening, it is determined by
the City Planner, in its sole discretion, that the constructed screening does not meet the Code
requirements to screen said equipment from public streets and differing, adjacent land uses, then
City Planner shall notify Developer and Developer shall take corrective action to reconstruct the
mechanical equipment screening in order to meet Code requirements. Developer acknowledges
that City will not release the security provided until all such corrective measures are
satisfactorily completed by Developer.
10. PRIVATE DRIVEWAY: Developer agrees that, prior to release by the City of any final plat
for the Property, Developer shall submit proof to the City Planner that a reciprocal, shared
driveway easement and maintenance agreement for the shared driveway has been filed with
Hennepin County Registrar-Records Office, as shown on Exhibit B , attached hereto.
11. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on
the Property, Developer shall submit to the Chief Building Official, and obtain the Chief
Building Official's approval of detailed plans for the retaining walls indicated on the grading
plan in Exhibit B, attached hereto.
Said plans shall include details with respect to the height, type of materials, and method of
construction to be used for said retaining walls.
Upon approval by the Chief Building Official, Developer agrees to implement the approved
retaining wall plan, concurrent with the grading, street, and utility construction on the Property,
and in accordance with the terms and conditions of Exhibit C, attached hereto.
12. SIGNS: Developer agrees that for each and every sigu to be located on the property, Developer,
shall file an application with the City Planner for a sign permit. Said application shall include
complete description of the sign and a sketch showing the size, location,manner of construction,
and other such information as necessary to inform the City of the kind, size,material
construction, and location of any such sign, consistent with the sign plan shown on Exhibit B
and in accordance with the requirements of City code, Section 11.70, Subdivision 5a.
13. TREE LOSS -TREE REPLACEMENT: There are 2245 inches of significant trees on the
property. Tree loss is calculated at 538 inches. Tree replacement required is 171 inches. Prior
to the release of the final plat, Developer shall submit to the City Forester and receive the City
Forester's approval of a tree replacement plan for 171 inches. Said plan shall include
replacement trees of a 3 inch diameter minimum size for a shade tree and a seven foot minimum
height for conifer trees.
Upon approval by the City Forester, Developer agrees to implement the tree replacement plan
for_171 caliper inches prior to building permit issuance.
14. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's approval of site lighting. All pole lighting shall consist of
downcast shoebox fixtures not to exceed 20 feet in height. Upon approval by the City Planner,
Developer shall implement the approved lighting plan concurrent with building construction.
15. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained City
Planner's approval of a plan for the design of the outside trash enclosure for the property. Said
trash enclosure shall be constructed with facebrick to match the building, include a roof, and
heavy duty steel gates that completely screen the interior of the enclosure. Developer shall
implement the trash_enclosure plan concurrent with building construction.
16. STORMWATER TREATMENT: Developer and City acknowledge that construction of a
stormwater treatment pond is not feassible; therefore Developer agrees to pay an amount equal
to 2% of the land acquisition costs, plus $1,000.00 per acre of impervious surface area on site.
The money will be paid into the City's stormwater utility fund.
•
DATE: 09/03/96
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: Iv p.
SECTION: Ordinances & Resolutions
DEPARTMENT: ITEM DESCRIPTION:
Public Works Ordinance Restricting Water Use during the Hours of 12:01 p.m. to 5:00 p.m.
Eugene A. Dietz
Recommended Action:
Approve second reading of an Ordinance that would revise City Code Section 3.30, Subd. 6 to
ban lawn, grass and turf irrigation between the hours of 12:01 p.m. to 5:00 p.m.
Background:
First Reading occurred on August 20, 1996.
Due to demands on our growing water system, the City enacted an Ordinance in 1982 that
allowed the City Manager to declare water emergencies as necessary. In 1988, the Code was
revised to restrict lawn irrigation to an odd/even system, which has been in place permanently
since that time. At this time, the proposed revision that would prohibit lawn irrigation during
the afternoon hours of noon to 5:00 p.m. addresses two important issues in our community --
water conservation and demand on the water supply system.
The current expansion project is planned to come on line in May, 1998. However, in June of
this year, we set a new record for water pumpage at 18,001,000 for a single day. Furthermore,
during the month of July we pumped 415,000,000 gallons of water into our system, which is
the highest monthly total since June, 1988 (a drought year). By prohibiting afternoon lawn
irrigation, our highest demand use, it will allow our system to "catch up" on a daily basis.
The second issue of water conservation has also been extensively addressed over the past two
years. In 1994 we began a process to develop a water supply plan that addresses emergency
preparedness and conservation. As we finalized that plan, we had consensus that the focus of
a conservation plan for Eden Prairie would be through a public education process centered
around environmental stewardship of a high quality resource. The plan did address the concept
of reviewing and revising ordinances that would promote environmental stewardship -- one
possibility being to prohibit afternoon turf irrigation. The specific reason being that a higher
percentage of water used in irrigation is lost to evaporation during the heat of the day. This
issue was discussed at staff level and presented to the Environmental and Waste Management
Commission that endorses this proposed revision banning afternoon irrigation.
As discussed by Council on August 20, 1996, staff in conjunction will develop an enforcement
strategy for implementation next spring. In the meantime, if approved, we will pursue an
informational and education process.
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -96
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE SECTION 3 .30, SUBD. 6 BY RE-LETTERING SUBPARAGRAPHS A. THROUGH
F. AS SUBPARAGRAPHS B. THROUGH G. ; BY ADOPTING A NEW SUBPARAGRAPH
A. ; AND, AMENDING SUBPARAGRAPH E. (FORMERLY SUBPARAGRAPH D. ) ; AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3 . 99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS .
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Section 3 .30, Subd. 6 is amended by re-
lettering Subparagraphs A. through F. thereof as Subparagraphs B.
through G. and by adding a new Subparagraph A. to read as follows :
"A. Except as provided in Subparagraph D. hereof, no person
may sprinkle, irrigate, or otherwise use water from the
City' s municipal water system for lawn, grass or turf
during the hours of 12 : 01 p.m. through 5 : 00 p.m. of any
day. "
Section 2 . Section 3 .30, Subd. 6 . , Subparagraph E. (formerly
paragraph D. ) is amended to read as follows :
"E. Upon written request and approval by the City Manager and
subject to such terms and conditions imposed by the City
Manager with respect to such approval, the following
persons may be authorized to sprinkle, irrigate or
otherwise utilize water from the City' s municipal water
system at times other than permitted in Subparagraphs A
and B hereof :
1 . Any person owning or operating a commercial or
business enterprise whose economic well-being is
dependent upon sprinkling, irrigation or watering
of a lawn, grass or turf owned, leased or operated
by it ;
2 . Employees and agents of the City, in such instances
wherein lawn, grass or turd used for play fields or
areas owned and operated by the City require more
frequent watering to prevent unreasonable damage
thereto;
3 . Owners and lessees (their employees and agents) of
lands newly sodded or grass seeded which requires
sprinkling or irrigation to prevent loss or new
sod, seed or immature turf or grasses for a period
of thirty (30) days . "
•
Section 3 . City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 3 . 99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
•
Section 4 . This ordinance shall become effective from and
after its passage and publication.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the 20th day of August, 1996, and finally
read and adopted and ordered published at a regular meeting of the
City Council of said City on the 3rd day of
September , 1996 .
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the day of
, 1996 .
DATE: 09/03/96
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: zy. E,
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Hartford Place Retail Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of Hartford
Place Retail Addition subject to the following conditions:
• Receipt of engineering fee in the amount of$443
• The requirements as set forth in the Developer's Agreement
Background:
This proposal, located at the northeast corner of Prairie Center Drive and Prairie Lakes Drive,
contains 4.43 acres to be divided into two lots. Lot 1 is the site of the PetsMart Retail Outlet
and Lot 2 is the future site of a stand-alone retail operation.
The preliminary plat was approved in August of 1994. Second Reading of the Rezoning
Ordinance and approval of the Developer Agreement was completed November 1, 1994.
A:ssa
cc: Scott Gyllen, Westwood Professional Services
• 104 Marty Drive, Suite 3, Buffalo, MN 55313
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
HARTFORD PLACE RETAIL ADDITION
WHEREAS, the plat of Hartford Place Retail 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 Hartford Place Retail Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated August 27, 1996.
4
B. That the City Clerk is hereby directed to supply a certified copy of this
Fl
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
44� of approval on behalf of the City Council upon compliance with the foregoing
provisions.
xF
ADOPTED by the Eden Prairie City Council on September 3, 1996.
b w 1 y1.
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ASS
Jean L. Harris, Mayor
ATTEST: SEAL
it,: John D. Frane, Clerk
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DATE: 09/03/96
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: vF
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Bearpath Townhomes 3rd Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of Bearpath
Townhomes 3rd Addition. Plat name must be changed to Bearpath Townhomes 3rd Addition, as the 2nd
Addition already exists.
Overview:
The preliminary plat was approved by City Council November 21, 1993 per Resolution No. 93-219.
Rezoning of the property and execution of the Developer's Agreement was done December 21, 1993.
JJ:ssa
cc: Harold Peterson, JR Hill, Inc.
Bream Builders, 961 Grand Ave., St. Paul, MN 55105
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
BEARPATH TOWNHOMES 3RD ADDITION
WHEREAS, the plat of Bearpath Townhomes 3rd Addition has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Bearpath Townhomes 3rd Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated August 27, 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 September 3, 1996.
• Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
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5
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/3/96
SECTION: Consent Calendar ITEM NO. CJ
DEPARTMENT: Parks, ITEM DESCRIPTION: Contract for Use of City Facilities
Recreation and Facilitilitti,
Robert A. Lambert
At the August 20th meeting,the City Council reviewed a recommendation on the rental contract for use of
the Eden Prairie Community Center in which the City staff recommended language that required the user to
indemnify the City,but would not have the City indemnify the user. The City Council approved the language
as recommended by the City Attorney;however,the Council then directed staff that if the City is going to
require the Hockey Association,Figure Skating Club and Foxjet Swim Club to indemnify the City while they
are using our facilities,the City should require that of all groups who have exclusive use of facilities.
Upon additional discussion with the City Attorney on how this condition would apply to other users including
businesses, families or other athletic associations that reserve picnic shelters,ballfields, the Outdoor Center,
etc., in order to be "fair" we would have to indemnify all groups.
RECOMMENDATION:
City staff are recommending the City Council eliminate any indemnification clause in the rental or reservation
contract at this time. The risk the City is assuming would be the cost for the City Attorney to defend the City
in claim against the individual or organization that is renting City facilities and in which the City is not liable
but may be named in a lawsuit. There has never been a claim filed against any one of these organizations that
has included the City to date. If this does occur in the future and the Council believes that it may become
a greater risk than it currently is,the Council could include the indemnification language at that time.
The City will continue to require proof of insurance and naming the City as an additional insured for those
activities that bring a greater than usual risk to the City when certain activities are allowed on City property.
At this time,this includes the Eden Prairie Horesemen Club for activities at the riding arena and the Figure
Skating Club for use of the training harness in the Community Center.
BL:mdd
Aug22.memo
1
LANG, PAULY, GREGERSON & ROSOW, LTD.
ATTORNEYS AT LAW
SUBURBAN PLACE BUILDING
250 PRAIRIE CENTER DRIVE, SUITE 370
EDEN PRAIRIE,MINNESOTA 55344
TELEPHONE: (612)829-7355
FAX: (612)829-0713
ROBERT 1.LANG MINNEAPOLIS OFFICE
ROGER A.PAULY
DAVID H.GREGERSON• FIRST BANK PLACE
RICHARD F.ROSOW 1600 IBM PARK BUILDING
MARK J.JOHNSON 650 THIRD AVENUE SOUTH
JOSEPH A.NILAN MINNEAPOLIS,MINNESOTA 55402
TODD A.SATTLER TELEPHONE:(612)338-0755
JENNIFER M.INZ FAX:(612)349-6718
GERAINT D.POWELL
MICHELLE L.ROGNLIEN REPLY TO EDEN PRAIRIE OFFICE
'Also Admitted in Wisconsin
August 22, 1996
Bob Lambert
City of Eden Prairie
8080 Mitchell Road •
Eden Prairie, MN 55344
RE: Eden Prairie Community Center User Agreement
Dear Bob:
Enclosed please find the above-referenced Agreement. I have removed the paragraph
relating to indemnification pursuant to our discussion with Carl Jullie. Also, please note the
restated paragraph 7. In addition, as we discussed I have removed the former paragraph 8, which
applies only to the Eden Prairie High School, and have provided an addendum containing the
substance of that paragraph.
Sincerely,
i } d
ge . Pauly
RAP:ss
Enclosure
2
AGREEMENT FOR USE OF
EDEN PRAIRIE COMMUNITY CENTER
THIS AGREEMENT, made and executed this day of
, 1996, by and between the City of Eden Prairie,
hereinafter referred to as the "City, " and
, hereinafter referred to as the "User, " for
the use of portion(s) of the Eden Prairie Community Center,
hereinafter referred to as the "Community Center, " located at 16700
Valley View Road, Eden Prairie, Minnesota.
WHEREAS, the User requests to use portion(s) of the City' s
Community Center for a fee and agrees to assume certain risks of
potential liability described herein which would result from the
use of the Community Center by User, and
WHEREAS, the City desires to allow the User the use of its
Community Center pursuant to the provisions set forth in the
agreement, and
NOW THEREFORE, in consideration of the mutual provisions and
agreements contained herein, the parties do agree as follows :
1 . Term of the Agreement
The term of this agreement shall be from
to , unless earlier terminated by law or
according to the provisions herein. This contract shall
be in effect for the term specified above.
2 . Fees
The User shall pay the hourly use fee as set forth on
Schedule A, which is attached hereto and incorporated
herein by reference. Please note that Schedule A is
subject to change by the Eden Prairie City Council for
each calendar year. If a change to Schedule A affects
the User, the User shall receive an updated Schedule A.
If the User rejects Schedule A in writing within thirty
(30) days of the date of the letter setting forth the new
Schedule A, this agreement shall be terminated. If the
City does not receive a written notice from the User
within the thirty (30) day period, the User shall be
deemed to accept the new Schedule A and it shall become
a part of this agreement by reference as though more
fully set forth herein.
3
3 . Definition of Use Time
"Use Time" begins when the schedule dictates . Any
equipment set-up or take down must be completed within
the designated hours of use. Any variations will result
in extra use time to be billed as per attachment Schedule
A.
4 . Facilities
The User has agreed to rent the following facilities that
are marked with a "x" in the blank area to the left of
each facility listed below, pursuant to the space and
time limits as set forth below:
Indoor Standard ICE SHEET 200 ' x 85' in a
resurfaced condition to begin said usage,
including hockey markings, boards and glass,
and hockey nets, players benches, penalty
boxes, bleachers for spectators, public
address system, arena sound system, scoreboard
and scoring equipment and use of team locker
rooms located in the Ice Arena.
Date (s) reserved:
Time (s) reserved:
Indoor Olympic ICE SHEET 200 ' x 100 ' in a
resurfaced condition to begin said usage,
including hockey markings, boards and glass,
and hockey nets, players benches, penalty
boxes, bleachers for spectators, public
address system, arena sound system, scoreboard
and scoring equipment and use of team locker
rooms located in the Ice Area.
Date (s) reserved:
Time (s) reserved:
Indoor SWIMMING POOL featuring 8 lanes of 25
yards, or 6 lanes of 25 meters, a diving area
with spring board, bleacher area, lane line
equipment, starting platform equipment, time
clock and non-exclusive use of adjoining men's
and women's locker rooms .
Date (s) reserved:
Portion of Swimming Pool reserved:
Time(s) reserved:
Indoor RACQUETBALL COURTS up to and including
three courts, complete with wallyball net set-
up as requested.
Date (s) reserved:
Number of courts reserved:
Time (s) reserved:
Indoor MEETING ROOMS up to and including five
(5) areas where meetings, birthday parties and
similar functions can be held, serving up to
approximately 20-60 people varying with
location. The meeting rooms are described as
Meeting Room A, B, C, D, and Upper Lobby Area.
Included is use of existing banquet tables and
chairs . Available for rent per Schedule A,
one VCR and television, a mobile cart, two
table tennis tables and equipment to play
table tennis, assorted board games and
equipment, located on site at Community
Center.
Date (s) reserved:
Times reserved:
Description of area (s) for use and equipment
rental :
Any proposed variation as to dates or time reserved in
any of the above areas where a "x" has been indicated for
intended use, must be presented to the City at least
thirty (30) days prior to the variation or cancellation
and agreed upon in writing between User and the City as
an addendum to this agreement .
5. Additional User Agreements
A. Coaching and Supervision. During Use Time, while on the
Community Center' s property, the User shall be
responsible for providing all coaching and supervision of
the User' s members, skaters, players and coaches in
conjunction with utilizing the Community Center.
B. Equipment . The User must provide any and all additional
equipment to conduct practices, lessons or special
events .
C . Rules and Regulations . The User, its members, agents,
invitees or anyone at the facility who partakes or
intends to partake with the User shall abide by all rules
and regulations which are adopted by the City for the
management of the Community Center, of which notice has
been given, or which are posted at the Community Center.
D. Compensation for Damage. If any portion of the Community
Center, during the term of this agreement, shall be
damaged by the act or omission of the User, its members,
players and coaches, the City may charge the User the sum
that is necessary to restore the premises to its present
condition.
E. Removal of User's Personal Property. The City reserves
the right to remove from the Community center all
personal property of User, its members, agents and
invitees therein after the expiration of the term, or to
store the property at Users expense after serving written
notification requesting the User to remove their personal
property by a reasonable date.
F. Cancellation of Agreement . Either party may cancel this
agreement for any failure of the other to comply with a
term of this agreement ( "breach of agreement" ) as
provided herein. The party desiring to terminate for
breach of agreement shall give the other party notice in
writing of the manner in which the other party has
breached the agreement . The other party shall have ten
days after effective date of notice to cure the breach of
agreement . If the other party has not cured the breach
of agreement within ten (10) days this agreement shall
terminate.
G. Impossibility of Performance. In the event of mechanical
failure or other occurrences that renders the fulfillment
of this agreement by the City impossible or
impracticable, this agreement shall terminate and User
waves any claim for damage or compensation should this
agreement be so terminated.
H. Lifeguards . All Users who rent the Indoor Swimming Pool
are required to pay for Lifeguards as specified in the
attached Schedule A, with the exception of the Eden
Prairie School District interscholastic competitive teams
and physical education programs, and the Fox-Jet Swim
Club.
6 . Concessions/Novelties
The City has the sole right to operate and sell concession
products at its discretion and retain all proceeds from such
sales . The User may provide a hospitality refreshment stand
at no charge to public during the term of agreement with City
approval . The User group may sell novelty items such as, but
not limited to, T-shirts, hats, sweatshirts, pins, banners,
etc . with City approval and retain all proceeds from sales .
User may bring in food or refreshments for their group to
consume during Use Time, in designated areas, with City
approval as an addendum to this agreement .
7 . Final Payment
The total charges for rental use per hour will be based on
Schedule A. Final payment is due before a User (other than
Eden Prairie High School or Eden Prairie Athletic
Associations) begins use of the facilities as described in
number 4 above. City will provide User with an exact
breakdown of rental charges and receipt for payment following
rates on Schedule A.
Eden Prairie High School activities and Eden Prairie Athletic
Associations will be billed on a monthly basis . A monthly
billing statement will be sent to Eden Prairie High School and
7
Eden Prairie Athletic Associations on the first working day of
every month, for the amount due upon usage from the previous
month. This statement must be paid in full by the 15th of the
month. If the City does not receive full payment by the 15th
of the month, the City will then begin charging interest on
the balance at eight percent (8%) , and if payment is not
received by the last day of the month, the User will be barred
from further use of the facilities until payment is received,
or a payment schedule negotiated, notwithstanding City has not
given written notice as provided in Section 5 . F. hereof .
8 . Effective Termination
Termination of this contract shall not discharge any
liability, responsibility or right of any party which arises
from the performance of, or failure to adequately perform the
terms of this contract prior to the effective date of
termination. Nor shall termination discharge an obligation
which, by its nature, would survive after the date of
termination, including by way of illustration, but not by
limitation, the indemnification provision and the payment of
fees under this agreement .
9 . Governing Law
This contract shall be governed by and construed in accordance
with the procedural laws of the State of Minnesota, without
giving effect to the principles of conflict of laws . All
proceedings relating to this contract shall be venued in the
State of Minnesota.
10 . Modification
Any alterations, variations, modifications, or waivers of any
provision of this contract shall only be valid when they have
been reduced to writing and signed by authorized
representatives of the City and the User.
11 . Severability
The provisions of this contract shall be deemed severable. If
any provision of this contract is rendered void, invalid or
unenforceable, such rendering shall not affect the validity
and enforceability of the remainder.
12 . Notices
Any notice required or permitted to be given by any party upon
the other is given in accordance with this Agreement if it is
directed to City by delivering it personally to the Manager of
City; or if it is directed to User, by delivering it
personally to ; or if mailed in a sealed
0
wrapper by United States registered or certified mail, return
receipt requested, postage prepaid; or if deposited cost paid
with a nationally recognized, reputable overnight courier,
properly addressed as follows :
If to City: City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn. : City Manager
If to User:
Notices shall be deemed effective on the earlier of the date
of receipt or the date of deposit as aforesaid; provided,
however, that if notice is given by deposit, that the time for
response to any notice by the other party shall commence to
run one business day after any such deposit . Any party may
change its address for the service of notice by giving written
notice of such change to the other party, in any manner above
specified, 10 days prior to the effective date of such change.
13 . Addenda.
Addenda, if any, attached to this Agreement is made a part
hereof .
9
IN WITNESS WHEREOF, the parties have read this agreement,
understand the provisions hereby, and agree to enter into this
agreement on the terms and conditions as set forth above.
CITY OF EDEN PRAIRIE
Print Name:
Sign:
Title:
USER
Print Name:
Sign:
Title:
Mailing Address :
Telephone: ( )
C:\wp51\rap\ep\hockey\useagree.cc4
10
Addenda to
Agreement for Use of
Eden Prairie Community Center
Between
City of Eden Prairie
and
Eden Prairie Figure Skating Club
Insurance
User shall provide a single limit or combined limit or excess
umbrella general liability insurance policy of an amount of not
less that $1, 000, 000 for property damage arising from one
occurrence, $1, 000, 000 for total bodily or personal injuries or
death and/or damages arising from one occurrence. Such policy
shall also include contractual liability coverage protecting the
City, its officers, agents, and employees and shall name the City
as an additional insured. Prior to the effective date of this
Agreement, user will furnish the City with certificates pf
insurance. Any policy obtained and maintained under this section
shall provide that it shall not be cancelled, materially changed,
or not renewed without thirty (30) days ' prior written notice by
the insured to the City.
CITY OF EDEN PRAIRIE
Print Name:
Sign:
Title:
USER
Print Name:
Sign:
Title:
Mailing Address :
Telephone: ( )
-9-
11
Addenda to
Agreement for Use of
Eden Prairie Community Center
Between
City of Eden Prairie
and
Eden Prairie School District #252
Eden Prairie High School Hockey Games
Ice time rental for Eden Prairie High School Varsity and/or Junior
Varsity hockey games held at the Community Center will be taken
from total gate receipts collected on the day of the game. There
is a 50-50 percentage split of remaining gate receipt monies
between School District 272 and the City, after deducting the
amount due for ice rental as stated above. (At the start of the
1995-96 hockey season all remaining gate receipt monies will go to
the City for payoff of boards in rink one until the balance is paid
in full . ) All other ice time usage will be charged on a monthly
basis referred to in paragraph 7 of the Agreement .
CITY OF EDEN PRAIRIE
Print Name:
Sign:
Title:
USER
Print Name:
Sign:
Title:
Mailing Address :
Telephone: ( )
-10-
I�
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-3-96
SECTION: PUBLIC HEARINGS
ITEM NO. V.A
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger DEN ROAD COMMERCIAL CENTER
Scott A. Kipp
Requested Council Action:
The Staff recommends that the Council take the following action:
• 1st Reading of an Ordinance for Zoning District Change from C-Hwy to C-Reg-Ser on 1.76 acres.
Background:
The Planning Commission unanimously recommended approval of the proposal at its August 26, 1996
meeting.
Supporting Reports:
1. Staff Report dated August 23, 1996
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Planner
THROUGH: Michael D. Franzen, City Planner
DATE: August 23, 1996
SUBJECT: Den Road Commercial Center
APPLICANT/
FEE OWNER: City of Eden Prairie
LOCATION: Northwest corner of Den Road and West 78th Street
REQUEST: 1. Zoning District Change from C-Hwy to C-Reg-Ser on 1.76 acres.
2. Site Plan Review on 1.76 acres.
2.
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Staff Report
Den Road Commercial Center
August 23, 1996
BACKGROUND
The Comprehensive Guide Plan identifies this site as Regional Commercial. This property was zoned
C-Hwy in 1969 as part of Ordinance 135. Surrounding land uses consist of Eden Prairie Presbyterian
Church to the north, zoned Public (future site for Office Depot), Cub Foods to the east, zoned C-
Reg-Ser, Eden Prairie Center to the south, zoned C-Reg, and the Super 8 Motel to the west, zoned
C-Hwy.
The City of Eden Prairie purchased the site for development of a new municipal liquor store site to
replace the store currently located within the Preserve Village Mall.
SITE PLAN
The proposal is to construct a 13,051 sq. ft. commercial building on 1.76 acres for a Base Area Ratio
and Floor Area Ratio of 17%. City Code would permit up to a 20% B.A.R. and 40%F.A.R. in the
C-Reg-Ser zoning district. The liquor store will occupy approximately 5,900 sq. ft., with the
remaining 7,100 sq. ft. available for commercial lease. All building setbacks meet code requirements.
Parking is setback 35 feet along West 78th Street, and 17.5 feet along Den Road. City Code permits
parking to be at one-half the required front yard setback along one frontage of a corner lot.
A total of 78 parking stalls are provided, meeting the code requirement of 6 spaces for every 1,000
sq. ft. of building area.
Pedestrian access is available from an existing sidewalk along Den Road, and trail along West 78th
Street.
GRADING AND DRAINAGE
The property rises from an elevation of approximately 890 near the intersection of Den Road and
West 78 th Street, to 910 feet near the west central portion of the site. The tree inventory identifies
a total of 274 caliper inches of significant trees, consisting mainly of ash and cottonwood. These
trees are scattered throughout the property. A total of 251 caliper inches, or 91%of the significant
trees will be removed as part of the site grading. This alteration is necessary to establish proper grade
for site development,leaving no acceptable alternative. Grading will also occur on some of the Super
8 Motel site. The City has been working with the neighboring property owner on this grading. Tree
replacement of 302 caliper inches is required. A total of 125 caliper inches of tree replacement is
proposed on site, with the remaining 176 caliper inches credited to the Eden Prairie Market Center
landscaping improvement project for boulevard and median tree plantings.
y
Staff Report
Den Road Commercial Center
August 23, 1996
Storm water run-off will be collected into the existing storm sewer along West 78th Street. A future
NURP pond to be constructed by the City near the southeast corner of Prairie Center Drive and West
78th Street will treat storm water from this site and surrounding properties.
UTILITIES
City sewer and water is available to the site with connection to lines located along Den Road.
ARCHITECTURE
The building will be constructed of 75% face brick and glass,meeting the code requirement in the
commercial district. The rear side of the building will be rock face block. Fabric awnings are
proposed along the front facades. Architectural elements consistent with the Market Center Design
Framework have been incorporated into the plan, including a main entry sculpture, and special
lighting units similar to the City Center. In addition, the monument sign will be located within a
landscape block planter consistent with the planters in the downtown area.
Two trash enclosures are proposed on the back side of the building. The enclosures will be
constructed of matching building materials.
Rooftop mechanical equipment will be screened by a three foot parapet wall.
LANDSCAPING
The landscape plan meets City code for caliper inch and screening requirements.
RECOMMENDATION
Staff would recommend approval of the rezoning from C-Hwy to C-Reg-Ser on 1.76 acres and Site
Plan Review on 1.76 acres, based on plans dated August 23, 1996, and this Staff Report.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-3-96
SECTION: PUBLIC HEARINGS
ITEM NO. V. B .
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger ST. ANDREW BLUFF
Scott A. Kipp
Requested Council Action:
The Staff recommends that the Council take the following action:
• 1st Reading of an Ordinance for Rezoning from Rural to RM-6.5 on 4.3 acres;
• Approve a Resolution for Preliminary Plat of 4.3 acres into 10 lots.
Background:
The Planning Commission unanimously recommended approval of the proposal at its August 12, 1996
meeting. The Commission asked that the proponent provide an accurate architectural elevation of the six-
plex building prior to City Council review.
The plans have been revised according to the Staff Report and Planning Commission recommendations.
Supporting Reports:
1. Resolution for Preliminary Plat
2. Planning Commission Minutes dated August 12, 1996
3. Staff Report dated August 9, 1996
4. Correspondence
ST. ANDREW BLUFF
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF ST. ANDREW'S BLUFF FOR JASPER DEVELOPMENT CORPORATION OF
WACONIA
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of St. Andrew's Bluff for Jasper Development Corporation of Waconia
dated August 27, 1996, consisting of 4.3 acres into 10 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 3rd day of September, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
2
PLANNING COMMISSION MINUTES
Monday, August 12, 1996
Page 9
E. ST. ANDREW'S BLUFF by Jasper Development Corporation of Waconia. Request
for Rezoning from Rural to RM-6.5 on 4.3 acres, Site Plan Review on 4.3 acres, and
Preliminary Plat of 4.3 acres into 10 lots. Location: Baker Road at St. Andrew's
Drive.
Marty Campion, a civil engineer representing Jasper Development Corporation
reviewed the project and requested that the Planning Commission recommend
approval of their request. They agree with the staff recommendation as presented in
the staff report.
Sandstad asked what the grade changes would be between the units and the wetland
and what would be done to stabilize the soils in this area. Campion responded the
change will be along the south property line with gradual changes down to the
wetland. They propose to construct a 15' tall retaining wall which will be tiered in
three, 5 foot sections.
Kipp reviewed the staff report and stated staff recommended approval subject to the
stipulations in the staff report. Foote asked if there was a plan for a stop light at this
intersection, and Kipp responded not at this time.
The Public Hearing was opened.
No one present wished to speak.
Jim Jasper, Jasper Development Corporation, showed four elevations which represent
all ten units and explained how they will be mixed on the site. He did not have the
elevation from the front. Ismail asked about the elevation view from Baker Road and
Campion responded that the proposed access is just beyond the center median on
Baker Road. Wissner inquired if each unit would be different and Jasper responded
that they will vary the colors, landscaping and brick to give each unit an individual
appearance. Most residents will want to have some unique feature to distinguish their
unit from the others.
Sandstad requested the developer to provide a front elevation view prior to City
Council review of the project. Foote inquired about unit prices, and Jasper responded
that the base price for a non-walkout unit will be about $200,000 and they will go up
from there.
MOTION: Wissner moved, seconded by Habicht, to close the Public Hearing.
Motion carried 6-0.
MOTION: Wissner moved, seconded by Ismail, to recommend approval of the
request for Rezoning from Rural to RM-6.5 on 4.3 acres, Site Plan Review on 4.3
acres, and Preliminary Plat of 4.3 acres into 10 lots located at Baker Road at St.
Andrew's Drive based on plans dated June 7, 1996, and subject to the
recommendations of the Staff Report dated August 9, 1996, including the stipulation
that the proponent provide an accurate front elevation rendering of the 6-unit building
prior to City Council review. Motion carried 6-0. �j
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Senior Planner
THROUGH: Michael D. Franzen, City Planner
DATE: August 9, 1996
SUBJECT: St. Andrew's Bluff
APPLICANT: Jasper Development Corporation
FEE OWNERS: Antioch Christian Fellowship and Clara Koskela
LOCATION: Southeast of Baker Road at St Andrew Drive
REQUEST: 1. Zoning District Change from Rural to RM-6.5 on 4.3 acres.
2. Site Plan Review on 4.3 acres.
3. Preliminary Plat of 4.3 acres into 10 lots and 1 outlot.
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St. Andrew's Bluff
Staff Report
•
August 9, 1996
BACKGROUND
The Guide Plan identifies this site for Medium Density Residential land use. The property is
currently zoned Rural. Surrounding land uses consist of single family residential to the northeast,
wetland to the east, Edenvale Apartments to the southeast, Antioch Christian Fellowship to the west,
and some single family residential to the northwest.
The property slopes from an elevation of 906 feet near the southwest corner,to the existing wetland,
at an elevation of approximately 850 feet. There are no significant trees on the property. Lowland
vegetation exists along the wetland edge.
An existing 8 foot bituminous trail abuts the property along Baker Road.
SITE PLAN/PRELIMINARY PLAT
The request is to rezone the property from Rural to RM-6.5 and to subdivide the 4.3 acre site into
10 multi-family units,consisting of one four unit building, and one six unit building. The remaining
property is to be placed in an outlot. The density of the project is 2.3 units per acre. City code
would permit up to 6.7 units per acre in the RM-6.5 Zoning District. The base area ratio is proposed
at 11%with a floor area ratio at 14.5%. Code would permit up to a 20%BAR and a 40%FAR in
the RM-6.5 District. The buildings and parking meet all setback requirements. A total of 2 parking
spaces is required for each unit, including at least one enclosed space. The plan meets the code
requirement.
The plat shows individual lots around each of the units. These lots are less than 6,500 sq. ft.
required by code,therefore variances from the Board of Adjustments and Appeals will be necessary.
Since the platting of the lots in this manner is typical for a property Association where open space
is in shared ownership, and the overall land area per unit exceeds 13,000 sq. ft.,these variances have
merit and have been approved by the City for other townhome projects.
A drainage and utility easement is proposed over the wetland area. For preservation purposes, a
conservation easement will need to be placed over the wetland. Easements will be needed over
existing storm which drain to the wetland.
GRADING/DRAINAGE
Fill is needed for the development to establish building pads. The proponent has received written
permission from the property owner to the south to regrade a portion of their site to obtain the
necessary fill. No significant trees, or wetland area will be effected by this grading proposal.
A three tier retaining wall is proposed along a portion of the wetland area. Each tier is five feet tall,
and will be constructed of modular masonry material. Landscaping will be added to soften the view.
(p
St. Andrew's Bluff
Staff Report
August 9, 1996
Drainage will be directed to a NURP pond in the southeast corner of the property prior to discharge
into the wetland.
UTILITIES
Sanitary sewer and water is available to this site with connection to existing lines located along St.
Andrew Drive,and at the corner of Baker Road and Valley View Road. Some off-site utility work
will be required on the Antioch Christian Fellowship property (one of the fee owners for this
proposal)but will not involve any significant tree removal.
ACCESS
A single access is proposed along Baker Road,opposite St. Andrew Drive. Hennepin County has
reviewed this access and finds it acceptable.
ARCHITECTURE
The homes are rambler and walkout designs with stucco and stone veneer facades, and asphalt
shingle roofs.
LANDSCAPING
The landscaping plan meets the requirements of city code. Berming and evergreen trees will
provide a buffer from Baker Road. In addition, shrub massing is proposed along the retaining wall
to soften the view.
RECOMMENDATIONS
Staff would recommend approval of the Zoning District Change from Rural to RM-6.5 on 4.3 acres,
Site Plan Review on 4.3 acres, and Preliminary Plat of 4.3 acres into 10 lots and 1 outlot,based on
plans dated June 7, 1996, this report, and the following:
1. Prior to City Council review, the proponent shall revise the preliminary plat to identify a
conservation easement over the wetland area. In addition, add drainage and utility
easements over the existing storm sewer lines which drain to the wetland.
2. Prior to 2nd Reading of the City Council, the proponent shall receive variances from the
Board of Adjustments and Appeals for lot size less than 6,500 sq. ft.
3. Prior to final plat approval,the proponent shall:
A. Submit detailed storm water runoff,utility, and erosion control plans for review and
approval by the City Engineer and Watershed District.
1
St. Andrew's Bluff C
Staff Report
August 9, 1996 •
B. Submit conservation easement documents to the Director of Parks,Recreation and
Natural Resources for his review, and to be recorded with the final plat.
3. Prior to grading permit issuance,the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Submit detailed plans for the construction of the retaining walls to the Inspections
Department. Said retaining walls shall be constructed with modular masonry
materials.
4. Prior to building permit issuance, the proponent shall:
A. Provide a landscape surety equivalent to 150% of the cost of the landscaping
improvements indicated on the approved plan.
B. Submit detailed building plans to the Inspections Department and Fire Marshal for
their review and approval.
C. Pay the Cash Park Fee.
c �
Hennepin County
An Equal Opportunity Employer
:3 James NI. Bourey, County AJministrtror
rr;
June 21, 1996
Mike Franzen, Planner
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Proposed Plat - ST. Andrew's Bluff
CSAH 60, east side approximately 270 feet northeast of CSAH 39
Section 10, Township 116, Range 22
Hennepin County Plat No. 2334
Review and Recommendations
Dear Mr. Franzen:
Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require county review of
proposed plats abutting county roads. We reviewed the above plat and make the
following comments:
• The existing 50 feet of right of way is adequate. Hennepin County does not
need any additional right of way at this time. •
• The proposed access, located approximately 290 feet northeasterly of the
south property line, opposite existing St. Andrew Drive, is acceptable.
Hennepin County will not permit any other access to CSAH 60.
• All proposed construction within county right of way requires an approved
Hennepin County permit prior to beginning construction. This includes, but
is not limited to access, drainage, utility construction, trail development,
and landscaping. Contact our Permits Section at 930-2550 for the appropriate
permit forms.
• The developer must restore all areas, within the county right of way,
disturbed during construction.
Please direct any response to Doug Mattson. As a matter of procedure, we request
that the City Clerk inform us of the City Council 's action on the right of way
and access provisions.
Sincerely,
Thomas D. J nson, P.E.
Transportation Planning Engineer
TDJ/DBM
Department of Public Works
320 Washington Avenue South Recycled Paper
Hopkins, Minnesota 55343-8496
(612)930-2500 FAX:(612)930-2513 TDD:(612)930-2696
3
•
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 Parks and Natural Resources
DATE: August 15, 1996
SUBJECT: Supplement Staff Report to the August 9, 1996 Staff Report for St. Andrew'_s Bluff r
BACKGROUND:
The developer is requesting that this site be zoned to RM-6.5 and divide the 4.3 acre site into ten
multi family units. This parcel of land slopes almost 50 feet from one edge to the other and abuts
on a wetland on its easterly property line. In order to make the development work,the fill from the
• area to the south will be removed and used to create the building pads and private roadway off of
Baker Road.
NATURAL RESOURCE ISSUES:
Tree Loss
This site has some scattered elm, willow, and boxelder trees on it; however, none of them are
considered significant by definition of City ordinance. There is a fair amount of brush and other
lowland vegetation adjacent to the delineated wetland on the easterly edge of the site.
Landscaping
The proposed landscaping plan for this project does meet City code requirements and includes a
variety of Norway and sugar maple, as well as Black Hills spruce. In addition,to these trees that
will be used to screen the property along Baker Road, the developer is proposing to use a number
of shrubs to soften the impact of the three tier retaining wall along the back side of the six unit
building. The developer may want to consider using shrubs that are more native to the wetland
habitat,rather than the four that are listed on the landscape plan. This is only a staff suggestion, but
plants such as nannyberry, gray dogwood, arrowwood, red twig dogwood, service berry, and elder
would be plants that would be typically found in this type of a transition zone from a wetland.
10
NURP Pond
Drainage from the site will be channeled to a NURP pond in the southeasterly corner. This pond
is being evaluated by the Engineering Department for property size and design criteria. Following
sedimentation the water would be discharged into the proper wetland directly to the north of the
NURP pond.
Sidewalks/Trail
Currently, there is a bituminous trail along Baker Road, and the staff would recommend that the
appropriate curb cuts be made to accommodate the existing trail.
Scenic Conservation Easement
The staff would recommend that a scenic conservation easement be placed over the property that
is proposed to be ungraded and also delineated as wetland. The reason for this recommendation is
to make sure that no vegetation is cut to provide better views of the wetland areas to the east of this
project by the townhouse association. This scenic and conservation easement can either be done by
a meet and bounds survey description or by platting the area into an outlot and using that description
as the legal for the scenic and conservation easement.
•
RECOMMENDATION:
This project was reviewed by the Planning Commission at its August 12, 1996 meeting and was
approved on a 6-0 vote. The project was approved as per the staff recommendations in the August
9, 1996-staff report.
Staff would recommend that the Parks,Recreation and Natural Resources Commission approve the
St. Andrews project as per the Planning Commission meeting recommendations and the information'
included in this supplemental staff report.
SAF:mdd
Andrews/Stu96
Unapproved Minutes
Parks, Recreation and Natural Resources Commission
August 19, 1996
C. St. Andrew's Bluff
Staff referred the Commission to a memo dated August 15, 1996, from Stuart
A. Fox,Manager of Parks and Natural Resources; and a Staff Report dated
August 9, 1996, from Michael D. Franzen, City Planner.
Jim Jasper of Jasper Homes, indicated they are proposing a 10 unit
townhome development along Baker Road and St. Andrew Drive. The site
has a fairly steep slope. They have negotiated with the owners of Edendale
Apartments to do some grading on their site to ease the change in grade.
This also allows them the opportunity to gain some fill which they are going
to need.
A three tier retaining wall was proposed along a portion of the wetland area.
Each tier is five feet tall, and will be constructed of modular masonry
material.Landscaping will be added to soften the view. The rest of the site
is heavily landscaped providing berming and intense screening along Baker
Road. The interior of the project will include the planting of quite a few
deciduous trees and significant landscaping for each unit. The price of the
townhomes is going to be around$230,000 to $250,000 per unit.
Fox reviewed the staff report with the Commission. He noted there are a few
scattered elm,willow, and box elder trees,but none of them are considered
significant by definition of City ordinance. However, there is delineated
wetland and the project does not touch any of that delineated wetland area.
Since there is no tree loss, there is no mitigation. They are required, since
this is multi-family, to have a landscaping plan and the plan does meet City
code requirements.
The landscaping plan shows some ornamentals in the tiered walls coming off
the wetland. Staff recommended to use some native plants such as nanny
berry, gray dogwood, arrowwood, red twig dogwood, service berry, and
elder. This would be more transitional in bringing the plant material from
that wetland up toward these homes. This is only a staff suggestion.
Drainage from the site will be channeled to a NURP pond in the
southeasterly corner. This pond is being evaluated by the Engineering
Department for property size and design criteria. Following sedimentation
the water would be discharged into the proper wetland directly to the north
of the NURP pond.
)1 (`)
Unapproved Minutes
Parks, Recreation and Natural Resources Commission
August 19, 1996
Staff recommended any curb cuts be made for the driveways be done in such
a manner not to disrupt pedestrian or bicycle traffic. Staff recommended that
a scenic conservation easement be placed over the property that is proposed
to be ungraded and also delineated wetland. The reason for this is to make
sure that no vegetation is cut to provide better views of the wetland areas to
the east of this project by the townhouse association.
This project was reviewed by the Planning Commission at the August 12,
1996 meeting and was approved on a 6-0 vote.
Bowman was concerned about the access in and out of these units. Jasper
reviewed the access on the map. Bowman asked if all the units are at about
the same level. Jasper replied they are. When grading is finished the site
will appear to be flat until you get to the back of units 1-6, and it will start
sloping down to the retaining walls.
• Koenig inquired about the grade change between units 1-6 and the wetlands
once the development is complete. Jasper replied it's going to slope down to
the top of the first retaining wall and then there will be 15 feet of that grade
made up between the top of the retaining wall and the bottom of the last
retaining wall. There will then be some slope down to the wetland.
Koening was concerned about where the fill will be coming from because
they need a lot of it. Jasper noted some will be imported as well as a
significant amount from Edendale.
MOTION: Jacobson moved, seconded by Brown,to accept the Staff Report
dated August 15, 1996 and establish that there must be a scenic conservation
easement placed over the property. Motion carried 3-1 with the nay vote
by Commissioner Koenig.
VI. OLD BUSINESS
A. Duck Lake Surface Management Ordinance
Staff referred the Commission to a memo dated August 13, 1996, from
Robert A. Lambert, Director of Parks, Recreation and Facilities.
Lambert indicated several months ago the Parks Commission and the City
Council reviewed a recommendation to change City ordinance section 9.67
GIs
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-3-96
SECTION: PUBLIC HEARINGS ,/
ITEM NO. V.C -
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger MITCHELL BAY TWIN HOMES
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• 1st Reading of an Ordinance for Rezoning from RM-2.5 and R1-22 to RM-6.5 on 1.54 acres;
• Adopt a Resolution for Comprehensive Guide Plan Change from Low Density Residential to Medium
Density Residential on .75 acres;
• Approve a Resolution for Preliminary Plat on 1.54 acres.
Background:
The Planning Commission voted 6-0 to approve the project at the August 12, 1996 meeting with the
following changes:
1. Shoreland setback should be 130 feet to buildings 1 and 2.
2. Front yard setback to buildings 1 and 2 should be 25 feet.
3. Sideyard setback to building 4 on the west property line should be 15 feet with conifers planted
between the building and the property line. The plans in your packet are revised to meet these
conditions except that the front yard setback to building 1 and 2 is 24 feet.
Supporting Reports:
1. Resolution for Preliminary Plat
2. Resolution for Comprehensive Guide Plan Change
3. Planning Commission Minutes dated August 12, 1996
4. Staff Report dated August 9, 1996
5. Correspondence
I
MITCHELL BAY TWIN HOMES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF MITCHELL BAY TWIN HOMES FOR NOECKER AND ASSOCIATES
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Mitchell Bay Twin Homes for Noecker and Associates dated August
27, 1996, consisting of 1.5 acres into 2 twin home buildings, 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 3rd day of September, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
MITCHELL BAY TWIN HOMES
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 Mitchell Bay Twin Homes Development by Noecker and
Associates for construction of 2 twin home buildings require 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: .75 acres from Low
Density Residential to Medium Density Residential all located at Terrey Pine Drive.
ADOPTED by the City Council of the City of Eden Prairie this 3rd day of September,
1996.
Jean L. Harris, Mayor
ATTEST:
John D. Franc, City Clerk
S
PLANNING COMMISSION MINUTES
Monday, August 12, 1996
Page 7
D. MITCHELL BAY TWIN HOMES by Noecker and Associates. Request for
Comprehensive Guide Plan Change from Low Density Residential to Medium Density
Residential on 1.54 acres,Zoning District Change from RM-2.5 and R 1-22 to RM-6.5
on 1.54 acres, Site Plan Review on 1.54 acres, and Preliminary Plat on 1.54 acres,
Board of Adjustments and Appeals variances. Location: Terrey Pine Drive.
Randy Noecker,the proponent,reviewed the proposal and showed the plans. There
arc several variances in the project which have been incorporated into the project in
the way that they believed would have the least impact on the neighborhood. The
units will be large and have three-car garages on each home. He discussed the
landscaping plan and the screening from adjacent properties.
Sandstad asked if the proponent had renderings illustrating the view from the eastern
location which show the side-loading garage. Noecker responded he did not. There
is a berm along the roadway which is about 2-3'above curb height and it is about 5-6'
above street level. Franzen stated the side elevation will be a gable with all siding and
no windows. Noecker stated units 3 and 4 will not be significantly different from
units 1 and 2. Unit 4 will have a double garage with the third stall used for extra
storage space.
Franzen reviewed the staff report and noted that staff recommended approval subject
to the stipulations in the staff report. Wissner inquired what would prevent people
from cutting down the existing trees on the site. Franzen responded that a
conservation easement over these trees should be required.
Sandstad discussed the potential for shifting the units slightly on the property so that
units 3 and 4 would be more in alignment with units 1 and 2. Since there are no
uniform setbacks presently existing along this street he did not have a problem with
not meeting ordinance setbacks in this instance if it would give the buildings a better,
alignment. Discussion ensued regarding the possibilities for relocation of the building
footprints to achieve a more aesthetic site plan.
The Public Hearing was opened.
Jerry Hollenback,a Minnetonka resident,representing his in-laws who live at 16865
Terrey Pine Drive, was concerned about the exterior finish of the proposed units on
the west side. He commented they would also like to have some spruce trees planted
between the units and the adjacent homes to provide year-around screening.
Foote stated he would rather see the units as far away from the Lakeshore as possible.
Discussion ensued regarding different ways to relocate the buildings on the site to
avoid having the blank wall adjacent to the roadway. Wissner commented that
landscaping could be used to alleviate this situation. Franzen commented that homes
on Terrey Pine Drive are approximately 100' from the lake and something similar
could be done with this project. He believed that units 3 and 4 could be located in a
more parallel arrangement to units 1 and 2. Noecker stated he was agreeable with this
suggestion and noted that if they can locate the units deeper into the lot they can
straighten them out and improve their appearance.
MOTION: Sandstad moved, seconded by Foote to close the Public Hearing and
recommend approval of the request for Comprehensive Guide Plan Change from Low
Density Residential to Medium Density Residential on 1.54 acres, Zoning District
Change from RM-2.5 and R1-22 to RM-6.5 on 1.54 acres, Site Plan Review on 1.54
acres, and Preliminary Plat on 1.54 acres, Board of Adjustments and Appeals
variances for Noecker and Associates, with the lake setback being within 130' for
buildings 3 and 4. a 15 foot sideyard setback to the west, a 10' setback between
buildings,remain within 5'of the front yard setback and landscape screening along the
west property line. Motion carried 6-0. q
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: August 9, 199
SUBJECT: Mitchell Bay Twin Homes
APPLICANT/
FEE OWNER: Noecker and Associates
LOCATION: Terrey Pine Drive
REQUEST: 1. Comprehensive Guide Plan Change from Low Density
Residential to Medium Density Residential on .75 acres.
2. Zoning District change from RM-2/5 and RI-22 to RM-6.5 on
1.54 acres.
3. Site Plan Review on 1.54 acres.
4. Preliminary Plat on 1.54 acres.
5
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Staff Report
Mitchell Bay Twin Homes
August 9, 1996
BACKGROUND
This 1.54 acre property has two Guide Plan classifications. The eastern one-half is guided medium
density residential for up to 10 units per acre. The western half is guided low-density residential for
up to 2.5 units per acre. The eastern half of the property is currently zoned RM-2.5 which permits
a density of 17.4 units per acre. The western portion of the property is zoned R 1-22 which permits
a minimum lot size of 22,000 square feet.
COMPREHENSIVE GUIDE PLAN CHANGE
Since the density of the proposal is 2.59 units per acre, a Comprehensive Guide Plan change to
Medium Density Residential is necessary for the western one-half of the property. The surrounding
area is guided medium density to the east, shore land to the south, low-density residential to the west,
and highway right-of-way to the north.
The property as currently guided would permit up to 10 units. A 10-unit building would be out of
character with the surrounding neighborhood . A twin home development would be a reasonable use
of the property. The density of this project is lower than the 3.5 unit per acre density of the twin
homes immediately to the east.
SITE PLAN
The site plan shows 2 twin home buildings. Each of the twin home lots meet the minimum street
frontage requirement of 45 feet and lot size requirement of 6500 square feet. A front yard setback
variance from 30 to 14.81 feet is needed in order to construct Buildings 3 and 4. A side yard setback
variance from 10 feet to 5 feet is needed for Units 2 and 3.
The curve of Terrey Pine Drive, a 40-foot wide highway department drainage easement along the
eastern border, and a 150 foot shoreline setback make it difficult to develop the property similar to
the twinhomes to the east without variances.
Reasons to consider the front yard and side yard set-backs are as follows:
1. The average front yard setback is greater than 30 feet required by City Code.
2. Building 4 has a side loaded garage which allows more room for parking and for cars
to enter Terrey Pine Drive with having to back into the street.
C C
3. The minimum distance between the twin home buildings is greater than the 20 foot
minimum required by code. The lot line between Building 2 and 3 could be redrawn
so that each building met the 10-foot minimum set-back.
4. A closer setback to Terrey Pine Drive allows a greater setback to Mitchell Lake.
SHORE LAND ORDINANCE
Mitchell Lake is classified as a natural environment water. The following shoreland ordinance
variances are requested:
1. Shoreline lot size from 30,000 to 14,170 square feet.
2. Shoreline lot width from 150 feet to 42 feet.
3. Shore land width at the high water level from 150 feet to 42 feet.
4. Shoreline structure setback from 150 feet to 140 feet.
All of the surrounding areas were built prior to the shoreline ordinance. The twin homes which abut
the lake to the east of the property have setbacks as close as 100 feet and a lot width of 45 feet with
an average lot size of 10,000 square feet. The single family homes across Mitchell Lake average
approximately 20,000 square feet with a 75 foot setback. Reasonsto consider the shoreline variances
are as follows:
1. The average setback is 150 feet.
2. The density of this project at 2.59 units pers acre is less than the existing twin homes
to the east which were developed at 3.5 units per acre.
3. The project preserves the 75 -foot shore impact zone. All significant trees are located
in the shore impact zone. The twin homes to the east and the single-family homes to
the south have mowed grass up to the lake's edge.
GRADING
Grading will remove non significant vegetation between Terrey Pine Drive and the 75-foot lake set-
back. All of the tree mass within the 75-foot lake set-back will be preserved. There is no grading
in the 75-foot shore impact zone.
( c
UTILITIES
Sewer and water service is available in Terrey Pine Drive.
Since the site is small with a small amount of hard-surface area, a treatment pond will not be
constructed on the property. The developer will be required to make an equivalent cash contribution
to the storm/water utility fund.
LANDSCAPING
The landscaping requirement is based upon a caliper inch requirement according to the square footage
of the buildings. The caliper inch requirement is 45 inches. The landscape plan shows 30 caliper
inches. The landscape plan should be revised to provide 5 additional 3-inch trees.
ARCHITECTURE
The twin home buildings will be one-story walk-outs with 3-car garages.
CONCLUSION
A plan for 4 twin home units at 2.59 units per acre is a reasonable use of the property. The site plan
is a lower density than the existing twin homes to the east and preserves more of the existing
significant trees and shoreline area than the adjoining twin homes and single family homes across the
lake. The curve of the road and the 40-foot drainage easement are hardships on the property. For
these reasons the variances are reasonable.
•
,STAFF RECOMMENDATIONS
The staff would recommend approval of the The Comprehensive Guide Plan Change,Rezoning, Site
Plan Review and Preliminary Plat based on plans dated August 9,1996 and the staff report dated
August 9, 1996 and subject to the following conditions:
1. Prior to final plat approval, the proponent shall:
9
c c
A. Submit detailed storm water runoff,utility and erosion control plans for review and
approval by the City Engineer.
B. Submit detailed storm water runoff,utility and erosion control plans for review and
approval by the Watershed District.
2. Prior to building permit issuance,the proponent shall:
A. Submit final plans for review by the Fire Marshal.
B. Pay the appropriate cash park fee.
3. Prior to grading on the property,the proponent shall notify the City 48 hours in advance of
grading so that the City may inspect the tree preservation and erosion control fencing.
4. Apply for and receive the following variances from the Board of Appeals and Adjustments:
A. Shoreline lot size from 30,000 to 14,170 square feet.
B. Shoreline lot width from 150 feet to 42 feet.
C. Shore land width at the high water level from 150 feet to 42 feet.
D. Shoreline structure setback from 150 feet to 140 feet.
E. A front yard setback variance from 30 to 14.81 feet.
F. A side yard setback variance from 10 feet to 5 feet.
Jo
vim, Minnesota Department of Transportation
(gr. Metropolitan Division
op Waters Edge
1500 West County Road B2
Roseville, MN 55113
August 9, 1996
Michael Franzen
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344-2230
Dear Michael Franzen:
Subject: Mitchell Bay Twin Homes
Preliminary Plat Review P96-078
South of TH 5,West of C.R. 4
Eden Prairie, Hennepin County
CS 2701
The Minnesota Department of Transportation(Mn/DOT) has reviewed the Mitchell Bay Twin
Homes preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. We find the
plat acceptable for further development with consideration of the following comments.
• Mn/DOT right of way appears to be adequately identified on the plat, but has not been
verified by our Surveys Section in the field. Any questions may be directed to Jeff
Hoffstrom of our Surveys Section at 797-3108.
• As we have previously communicated (letter to Mr. Randy Noecker from Elliott Ruhland,
Area Right of Way Manager), Mn/DOT will not reconvey part of the drainage easement
across this property. The full easement is needed in order to maintain stormwater
drainage from the highway. The easement must be recorded with the final plat as an
encumbrance on the property. Any questions may be directed to Elliott Ruhland at 582-
1279.
• Existing stormwater drainage boundaries and rates of runoff should be maintained. As the
project proposer may be aware by this time, the storm manhole near the lake has a higher
north invert than is shown on the submitted drawing. Also, the proposed grading
contours shown in the drainage easement should be rounded to avoid erosion. Permit
number MW-US-96-251 has been issued for the proposed grading on our easement; any
questions regarding the permit may be directed to Bill Warden of our Permits Unit at 582-
1443. Any questions regarding Mn/DOT's stormwater drainage concerns may be directed
to Bonnie Peterson of our Water Resources Section at 797-3054.
An equal opportunity employer
II
Michael Franzen
August 9, 1996
page two
• Because Terrey Pine Drive currently falls within TH 5 right of way, a Mn/DOT access
permit will be required for the proposed driveways to Terrey Pine. Bill Warden of our
Permits Unit may be contacted at 582-1443 or the above address for information
regarding the permit process.
• As you may be aware, no direct access to TH 5 will be allowed from the subject site.
• Any other use of or work within Mn/DOT right of way will also require an approved
permit. The permit necessary depends on the nature of the proposed work. As noted
above,Bill Warden may be contacted for further information.
• It is Mn/DOT's policy to assist local governments in promoting compatibility between
land use and highways. Residential land use adjacent to highways will usually result in
complaints about traffic noise.
The Minnesota Pollution Control Agency has established noise standards and the U.S.
Department of Housing and Urban Development also has guidelines. Traffic noise
from TH 5 could exceed noise standards established by these agencies.
Mn/DOT policy regarding new developments adjacent to existing highways prohibits
the expenditure of highway funds for noise mitigation measures. The project proposer
should assess the noise situation and take the action deemed necessary to minimize the
impact of any highway noise.
If you have any questions regarding this review, please contact me at 582-1383.
Sincerely,
Elizabeth Malaby
Transportation Planner
c: Pete Tulkki, Hennepin County Surveys
y�P,��pF MINNFS,O�9
Minnesota Department of Natural Resources
m W Metro Waters, l 0 Warner Road,St.Paul,MN 55106-6793
Telephone:(612)772-7910 Fax: (612)772-7977
yo
- Q
pFNATUFti
July 11, 1996
Mr.Mike Franzen, City Planner
City of Eden Prairie
Community Development Department
8080 Mitchell Road
Eden Prairie,MN 55344
RE: MITCHELL BAY TWIN HOMES, MITCHELL LAKE (27-70P), CITY OF EDEN
PRAIRIE,HENNEPIN COUNTY
Dear Mr. Franzen: •
We have reviewed the site plans dated June 21, 1996 and received June 26, 1996 for the Mitchell Bay
Twin Homes (Mr. Randall R. Noeker) located at 168xx Terrey Pine Drive ( Sections 8 and 17,
T116N, R22W).
Mitchell Lake has a shoreland classification of Natural Environment and a shoreland district extending
1000 feet from the OHW elevation of 871.40' (NGVD, 1929). The Mitchell Bay Twin Homes
project does not meet the standards for lot area,lot width, shoreline setback and building width listed
in the Eden Prairie shoreland management regulations. If the plans are not changed, then the City of
Eden Prairie must issue variances forthe vtch ll BayTw Twin Homes project.
Mr. Noeker must demonstrate hardship to justify receiving a variance. The approval of a variance
due to hardship should be based on the following prerequisites:
1. The proposed use is reasonable.
2. It would be unreasonable to require conformance with the ordinance. Practical
difficulties may arise due to "functional and aesthetic concerns." Economic
considerations alone do not constitute practical difficulty.
3. The difficulty of conforming to the ordinance is due to circumstances unique to the
property, such as peculiar topography. If the problem is common to a number of
homes in the area, it is not considered unique.
4. The problem must not be created by the landowner.
DNR Information:612-296-6157, 1-800-766-6000 • TTY:612-296-5484, 1-800-657-3929
An Equal Opportunity Employer Imo• Printed on Recycled Paper Containing a
Who Values Diversity tair Minimum of 10%Post-Consumer Waste
c c
Mr. Mike Franzen
July 11, 1996
Page 2
5. The variance, if granted, must not alter the essential character of the locality.
We would like to commend Mr.Noeker for indicating that the 75' shore impact zone on the property
will not be graded. Vegetation alteration within the shore impact zone should be minimized to
protect the water quality of Mitchell Lake and to maintain the screening of vehicles and structures
from the water.
Thank you for the opportunity to comment on this project. Shouldyou have anyquestions please
PP tY
contact me at 772-7910.
Sincerely,
oe ' chter
Hydrologist
c: Riley-Purgatory-Bluff Creek Watershed District, Bob Obermeyer
U.S. Army Corps of Engineers, Joe Yanta
Hennepin Conservation District, Ali Durgunoglu
Eden Prairie Shoreland File
�14
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-3-96
SECTION: PUBLIC HEARINGS ITEM NO. V`/
. 1) •
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger REALITY INTERACTIVE
Scott A. Kipp
Requested Council Action:
The Staff recommends that the Council take the following action:
• 1st Reading of an Ordinance for Zoning District Change from Rural to I-2 on 6.42 acres and PUD
District Review with waivers on 6.42 acres;
• Adopt a Resolution for Comprehensive Guide Plan Change from Office to Industrial on 6.42 acres;
• Adopt a Resolution for PUD Concept Amendment on 100 acres;
• Approve a Resolution for Preliminary Plat of 20.5 acres into 1 lot and 2 outlots.
Background:
The Planning Commission unanimously recommended approval of the proposal at its August 12, 1996
meeting. The landscape plan has been revised according to the Staff Report recommendations.
On August 23, 1996, Staff met with representatives for the property owner to resolve the trail relocation
issue. A letter dated August 26, 1996 has been sent to the property owners for their signature prior to 2nd
reading. The trail will still be implemented concurrent with building construction, as recommended in the
Staff Report.
The proponent will be requesting approval of an early grading permit to begin site development prior to 2nd
Reading. They understand that if approved,they will be proceeding at their own risk.
Supporting Reports:
1. Resolution for Preliminary Plat
2. Resolution for Comprehensive Guide Plan Change
3. Resolution for PUD Concept Amendment
4. Planning Commission Minutes dated August 12, 1996
5. Staff Report dated August 9, 1996
6. Letter from Stu Fox
REALITY INTERACTIVE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF REALITY INTERACTIVE FOR OPPIDAN INVESTMENT COMPANY
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of Reality Interactive for Oppidan Investment Company dated August 27,
1996, consisting of 20.5 acres into 1 lot and 2 outlots, 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 3rd day of September, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
2
REALITY INTERACTIVE
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 Reality Interactive Development by Oppidan Investment
Company for construction of a 40,000 square foot office/warehouse building require 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: 6.42 acres from Office
to Industrial all located at Equitable Drive.
ADOPTED by the City Council of the City of Eden Prairie this 3rd day of September,
1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
S
REALITY INTERACTIVE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF REALITY INTERACTIVE
FOR OPPIDAN INVESTMENT COMPANY
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 Reality
Interactive by Oppidan Investment Company 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 September 3, 1996;
NOW,THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,Minnesota,
as follows:
1. Reality Interactive, 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 August 27, 1996.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated August 12, 1996.
ADOPTED by the City Council of the City of Eden Prairie this 3rd day of September, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
Exhibit A
Reality Interactive
Legal Description
THAT PART OF OULOT B, EDENVALE 9Th ADDITION WHICH LIES EASTERLY OF A LINE DRAWN
FROM A POINT ON THE SOUTH LINE OF SAID OUTLET B, DISTANT 1059.87 FEET EAST OF THE
SOUTHWEST CORNER THEREOF: TO A POINT ON THE NORTH LINE OF SAID OUTLOT B,
DISTANT 817.04 FEET EAST OF THE NORTHWEST CORNER THEREOF, AS MEASURED ALONG
SAID LINES.
EXCEPT THE EAST 193.00 FEET AS MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF
SAID OUTLET B.
c
PLANNING COMMISSION MINUTES
Monday, August 12, 1996
Page 10
F. REALITY INTERACTIVE by Oppidan Investment Company. Request for
Comprehensive Guide Plan Change from Office to Industrial on 6.42 acres, Planned
Unit Development Concept Amendment on 100 acres, Planned Unit Development
District Review with waivers on 6.42 acres,Zoning District Change from Rural to I-2
on 6.42 acres, Site Plan Review on 6.42 acres, and Preliminary Plat of 20.5 acres into
1 lot and 2 outlots for construction of a 40,000 sq. ft. building. Location: Equitable
Drive.
Kipp introduced Keith Ulstad,principal with Oppidan Investment Company. Ulstad
reviewed the proposal and described the companies which will be using the building.
They requested to have an office use of 75%but have industrial zoning to retain the
warehouse designation. They are in agreement with the stipulations listed in the staff
report. The landscaping plan exceeds City requirements and he believed perhaps it
could be rearranged to meet the concerns expressed in the staff report. They have
been working on the exterior design of the building to comply with the tenant
requirements. Sandstad inquired if they have figured out the trail connection and
Ulstad responded there was provision for a trail up to the northwest part of the site
but he has not acquired the parcel on which this trail segment is to be located. Ulstad
stated that Equitable had been notified they will have to meet this requirement, but he
has not heard whether they will do so or not.
Clinton inquired when they expected to move into the new facility and Ulstad
responded possibly October. Reality Interactive is his only tenant thus far.
Kipp reviewed the staff report,noting that the Edenvale PUD was approved in 1982.
Staff recommended approval subject to the stipulations listed in the staff report. He
reviewed the waivers and the reasons for these requests noting that staff supports
these waivers given the history of the PUD.
Habicht inquired why the trail location had not come up at the time the Samson site
was approved and Kipp responded that it was not fine tuned enough to determine
exactly where the trail location would be. Habicht inquired if the landscaping deficit
in the rear would present a problem and Kipp responded he had some concern and
believed that it could be addressed by adding a few plantings and shifting others to
screen the rear of the building. Foote inquired about the future creek crossing and
Kipp responded that there was a bridge there now but was inaccessible due to the
location of the water. Final trail connections are planned when Highway 212 is
constructed.
The Public Hearing was opened.
No one present wished to speak.
MOTION: Foote moved, seconded by Habicht, to close the Public Hearing and
recommend approval for Oppidan Investment Company for request for
Comprehensive Guide Plan Change from Office to Industrial on 6.42 acres, Planned
Unit Development Concept Amendment on 100 acres, Planned Unit Development
District Review with waivers on 6.42 acres,Zoning District Change from Rural to 1-2
on 6.42 acres, Site Plan Review on 6.42 acres, and Preliminary Plat of 20.5 acres into
1 lot and 2 outlots for construction of a 40,000 sq. ft. building based on plans dated
July 22, 1996 and subject to the recommendations of the Staff Report dated August
9, 1996 and the stipulation that the landscape plan be approved by staff. Motion
carried 6-0.
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Senior Planner
THROUGH: Michael D. Franzen, City Planner
DATE: August 9, 1996
SUBJECT: Reality Interactive
APPLICANT: Oppidan Investment Company
FEE OWNER: Equitable Life Assurance Society •
LOCATION: South of Equitable Drive at Executive Drive
REQUEST: 1. Comprehensive Guide Plan Change from Office to Industrial on 6.42
acres.
2. Planned Unit Development Concept Amendment on approximately
100 acres.
3. Planned Unit Development District Review with waivers on 6.42
acres.
4. Zoning District Change from Rural to I-2 on 6.42 acres.
5. Site Plan Review on 6.42 acres.
6. Preliminary Plat of 20.5 acres into 1 lot and 2 outlots.
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CAMPUS
Reality Interactive
Staff Report
August 9, 1996
BACKGROUND
The Comprehensive Guide Plan identifies this site for Office land use. The property is currently
zoned Rural. The site is part of the 100 acre Edenvale 9th Planned Unit Development, approved
by the City in 1982 for office and industrial land uses. Surrounding land uses consist of Anagram
Corporation and Edenvale Executive Center, zoned I-2,to the north, vacant office guided property
to the east and west, and Purgatory Creek to the south.
The building pad area of the property was graded in the early 1980's and is relatively level. The site
then slopes from an elevation of 888 feet down to Purgatory Creek at an elevation of approximately
830 feet. There are no significant trees within the site development area. The majority of existing
trees and other vegetation are protected in an easement located along the south portion of the
property defining the Purgatory Creek Conservation Area.
A concrete sidewalk exists along the south side of Anagram/Equitable Drive, together with an 8 foot
trail leading from the sidewalk,down to a trail that parallels Purgatory Creek.
GUIDE PLAN CHANGE/PUD CONCEPT AMENDMENT
The original PUD established industrial land uses on the interior portion of the Equitable
Drive/Anagram Drive loop road, with office land uses on the outer perimeter, adjacent to the
Purgatory Creek corridor. The request is to change the Guide Plan for this outer perimeter site from
Office to Industrial on 6.42 acres, and to amend the PUD to allow the development of an
office/warehouse building. This is consistent with the guide plan changes approved for the Metro
Printing development, and Sampsons Studio building in 1995.
A change to the guide plan may be reasonable because of the following:
1. The office portion of the PUD has remained undeveloped since the original PUD approval
in 1982.
2. A mix of office/warehouse provides long-term stability and makes the property more
marketable.
3. Demand for industrial land use is strong, while supply of available property is very limited.
It is important to note that the concept plan provided with this project is only to demonstrate the
ability to develop adjacent sites in terms of land area. No other assumptions or endorsements are
to be made by this plan.
SITE PLAN/PRELIMINARY PLAT
The request is to rezone the 6.42 acre site from Rural to I-2 for construction of a 40,000 sq. ft.
office/warehouse building, and to subdivide the 20.5 acre outlot into 1 lot, and 2 outlots. The
easterly most outlot will be combined with additional property to the east to form a buildable parcel
g
Reality Interactive
Staff Report
August 9, 1996
at a future date. The Base Area Ratio, and Floor Area Ratio is 14%. City code would permit up to
a 30% BAR and a 50% FAR in the I-2 Zoning District. The building meets all setback
requirements.
The proponent requests a waiver through the PUD District Review for up to 75%office use in the
proposed I-2 Zoning District. City Code permits up to 50%. This request would be consistent with
the Edenvale Executive Center, which was granted a waiver for 65%office use.
Parking has been provided based on 75% office and 25% warehouse use for a total of 155 spaces,
meeting code requirements. A waiver through the PUD is requested for a parking setback of 25 feet
along Equitable/Anagram Drive. A 50 foot setback is required in the I-2 district. The waiver may
have merit since it will maximize the setback of the development from Purgatory Creek, and help
limit alteration of the slope. In addition,the parking will be screened with berming and landscaping.
This setback should be anticipated on the future adjacent sites as well, since narrow building area
is available.
The existing trail connecting the public sidewalk along Equitable/Anagram Drive with the trail
along Purgatory Creek is proposed to be removed with this project. The PUD required the
construction of a trail connecting these two pedestrian paths. However, the connection was located
farther to the west in the PUD plan, near the Sampson Studio building(see figure 1). As part of this
proposal, it will be necessary to relocate the trail to an area as depicted in the original PUD.
Construction of the trail will be required concurrent with building construction.
SHORELAND ORDINANCE
The site is within the shoreland area of Purgatory Creek. Shoreland code requires structures to be
setback at least 150 feet from the creek, and prohibits alteration within the Shore Impact Zone(75
feet from the creek). The proposed building is over 230 feet from the creek at its closest point,
meeting code requirements. In addition, the existing tree cover within the conservation easement
area will provide the necessary screening of the building from the creek, as required by code.
GRADING/DRAINAGE
The building area is relatively level and will involve limited alteration. However,grading will be
necessary along portions of the rear slope to complete the building pad and construct the NURP
pond. No grading is proposed within the Purgatory Creek Conservation Area. This area is currently
protected by a conservation easement. No significant tree removal is proposed with this project.
Some off site grading is proposed along the west side. The land owner has provided written
permission for this grading.
A small section of four foot high retaining wall is proposed on the south side of the building. This
wall will need to be constructed of modular masonry material.
All site drainage, including roof drainage,will be directed to the NURP pond prior to discharge into
Purgatory Creek.
/0
Reality Interactive
Staff Report
August 9, 1996
UTILITIES
Sanitary sewer and water is available to this site with connection to existing lines in
Equitable/Anagram Drive.
ARCHITECTURE
The 20 foot high, single story building will be constructed with materials required in the office
zoning district, consisting of 75% face brick and glass. Rock face block, stucco, and metal panel
will comprise the remaining 25%. Colors for the building materials shall be consistent with other
buildings within the PUD. All rooftop mechanical equipment will be physically screened with metal
panel in accordance with City Code. Two loading dock doors, and one drive in door will be located
at the southeast corner of the building. The color of these doors should match the color of the
building to minimize any visual impact.
A lighting plan for the property has not been submitted. However, the type of fixture should be
similar to those currently being used within the PUD. Lighting should consist of pole mounted,
downcast luminars. Lighting intensity should not exceed one half foot candle at the property line.
In addition, lighting should be kept to a minimum on the back side of the building.
LANDSCAPING
A total of 125 caliper inches of landscaping is required, based on the building square footage. The
plan provides 143 caliper inches,meeting code requirements. Code also requires screening of all
parking and loading areas. Berming and plant material provide the necessary screening along
Equitable/Anagram Drive. However, staff recommends that additional landscaping be located in
the southeast corner of the building to maximize screening of the loading area from the Purgatory
Creek corridor(see figure 2). Screening of this area with plant material in lieu of a screen wall will
provide a natural buffer to blend with the environment.
Irrigation of the landscaping is proposed.
RECOMMENDATIONS
Staff would recommend approval of the Comprehensive Guide Plan Change from Office to
Industrial on 6.42 acres, Planned Unit Development Concept Amendment on 100 acres, Planned
Unit Development District Review with waivers on 6.42 acres,Zoning District Change from Rural
to I-2 on 6.42 acres, Site Plan Review on 6.42 acres, and Preliminary Plat of 20.5 acres into 1 lot
and 2 outlots, based on plans dated July 22, 1996, this report, and the following:
1. Prior to City Council review, the proponent shall:
A. Provide a plan for the relocation of the trail connection from the public sidewalk
along Equitable/Anagram Drive to the existing trail along Purgatory Creek, as shown
in figure 1.
/l
Reality Interactive
Staff Report
August 9, 1996
B. Revise the landscaping plan in accordance with figure 2, for increased screening of
the loading area from the Purgatory Creek corridor.
C. Submit a site lighting plan, with lighting fixture details.
2. Prior to final plat approval,the proponent shall submit detailed storm water runoff, utility,
and erosion control plans for review and approval by the City Engineer and Watershed
District.
3. Prior to grading permit issuance, the proponent shall:
A. Stake the grading limits with erosion control fence.
B. Notify the City and Watershed District 48 hours in advance of grading.
C. Submit detailed plans for the construction of the retaining walls to the Inspections
Department. Said retaining walls shall be constructed with modular masonry
materials.
4. Prior to building permit issuance, the proponent shall:
A. Provide a landscape surety equivalent to 150% of the cost of the landscaping
improvements and mechanical equipment screening.
B. Submit detailed building plans to the Inspections Department and Fire Marshal for
their review and approval.
C. Submit exterior building material samples and colors for review, including colors for
the loading doors to match the building color for maximum blending.
5. Concurrent with building construction, the proponent shall construct an 8 foot wide
bituminous trail in the location described in figure 1.
6. The following waivers are granted as part of the PUD:
A. 75% office use within the I-2 Zoning District. Code maximum is 50%.
B. Front yard parking setback to 25 feet in the 1-2 Zoning District. Code requires 50
feet.
C. Outlot of 1.5 acres in the Rural Zoning District. Code minimum is 10 acres.
( .
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Ryan Companies C C
RYAN
70(1 International Centre
9011 Second Avenue South
Building Lasting Relationships
\linneapnlis•MN 55-i112-3.S �'
612/:336-1200 phone
R12/3:37-5552 fax
July 30, 1996
Mr. Jeff Johnson
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Eden Prairie,MN 55344
RE: EARLY GRADING PERMIT
• REALITY INTERACTIVE
Dear Jeff:
Jeff,based on August 12th planning and September 3rd City Council scheduled meetings, I am
writing to inform you that as general contractor for the above named project, Ryan Construction
of Minnesota, Inc. will be requesting a grading only permit on or around September 4th for this
project. We are hopeful of fulfilling the developer's request to occupy by February 3, 1997.
In order to provide a blacktop parking area before plant closings near or about November 15,
1996, it will be necessary to start grading prior to the City Council second reading. The
• developer and general contractor understand that an early grading permit is not a guarantee of the
final building permit.
•
Please contact me with any questions or concerns.
•
Yours Truly,
RYAN CONSTRUCTION COMPANY
OF MINNESOTA,INC.
‘4- 4tZ+-
Norm Mead
Project Manager
NM:mt
cc: Scott Kipp, Eden Prairie"
Keith Ulstad, Oppidan Investment
Joe Bednar, Ryan Construction
JACGNST\TARGE[IREALITYICORRESW72996.DOC/MT
Design Build • Real Estate Development • Property Management • Medical Buildings _
g Waste Management
ef5
City of Eden Prairie Eden
Offices
8080 Mitchell Road • Eden Prairie, MN 55344-2230 prairie
Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390
August 26, 1996
Mr. William J. Ritter
Welsh Companies
8200 Normandale Boulevard, Suite 200
Minneapolis, MN 55437-1060
SUBJECT: Trail Installation and Easement Document
Edenvale 9th Addition
Dear Mr. Ritter:
As per our discussion on August 23, 1996, the City of Eden Prairie is seeking a commitment from
Equitable Life Assurance Company to reestablish a trail in the Edenvale 9th Addition as per a 1982
agreement. The staff is seeking a commitment from Equitable Life that the following will be
accomplished prior to the occupancy permit being issued for the building being built on Lot 1, Block
1, Edenvale 24th Addition. (Formally part of Outlot B, Edenvale 9th Addition)
The staff is seeking the following commitment:
• That Equitable Life reconstruct an 8' wide soft surface trail from Equitable Drive to the
existing soft surface trail along Purgatory Creek on either portion of Outlot A of Edenvale
9th or a portion of Outlot A of Edenvale 24th Addition.
• That construction of this trail take place prior to issuance of an occupancy permit for Reality
Interactive/Oppidan Investment Company.
• That a 20' wide trail maintenance and use easement be given to the City over the trail
corridor.
In order to bring this matter to a conclusion, the City staff is asking that the proper representative
for Equitable Life respond in writing regarding the trail easement and construction as detailed
above. This response should be prior to second reading at the City Council of the Reality Interactive
development proposal.
Sincerely,
Att.( C• (5(/ <:'
Stuart A. Fox
Manager of Parks and Natural Resources
SAF:mdd
cc: Scott Kipp �
rslr
Recycled Paper
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, anager of Parks and Natural Resources
DATE: August 15, 1996
SUBJECT Supplemental Staff Report to the August 9, 1996 Staff for Report for Reality
Interactive
BACKGROUND:
This proposal is part of the 100-acre Edenvale 9th Planned Unit Development that was approved
in 1982. This area has a variety of uses, including office and industrial land use.
The area was graded in the early 1980's to make the site easier to sell and they graded in building
pads on each of the various lots. This lot is on the south end of Equitable Drive where it intersects
with Executive and Anagram Drive. The site slopes southward and touches on Purgatory Creek and
the south end.
NATURAL RESOURCE ISSUES:
Tree Loss
This site has a wide variety of small open grown trees on it;however, none of the trees are in excess
of 12" in diameter. There are some willow trees adjacent to the Purgatory Creek that are of
significant size according to ordinance; however, no significant trees will be impacted by the
grading associated with the parking lot, building,or drainage pond.
The landscaping requirements for this project are based solely on the size of the building. The plan
is for 143 caliper inches of landscape material. The landscaping includes a mixture of deciduous
and coniferous material. The deciduous material includes thornless honey locust, seedless ash, red
maple, and river birch. The coniferous trees are Colorado and Black Hills spruce. The majority of
the overstory trees are situated along the boundaries and northerly property line to screen the
parking lot from Anagram and Equitable Drive. Many of the trees that are proposed to be planted
have a variety of sizes thereby by adding size differential to the planting at its initial stages.
NURP Pond
The developer's is proposing to bench a NURP pond in on the hillside to pretreat storm water prior
to its discharge into Purgatory Creek.
This NURP pond is subject to review by the Engineering Department for the appropriate size and
proper discharge rate into Purgatory Creek. The project would be subject to review of the grading
plans by the Watershed District and must comply with all City and Watershed District requirements.
Sidewalk/Trail Issues
The southerly portion of this project is currently controlled by the City under the terms of scenic and
conservation easement that was filed when Edenvale 9th was first platted. At the time of its
proposal Equitable Life installed a soft surface gravel path along Purgatory Creek from State
Highway 5 to the edge of the C.H. Robinson property to the west. This trail was built on a piece
of property that was covered by a scenic conservation easement. A trail intersected with Anagram,
Executive and Equitable on the north side and went southward to the gravel trail. However,under
the terms of the original PUD,the trail was scheduled to installed on the westerly leg of the roadway
system and not the southerly connection. Staff would recommend that Equitable Life assist the City
in discussions with Equitable Life to make sure that the trail is relocated as per the original
agreement prior to building occupancy. The reason for this is the property that Interactive Reality
is purchasing is still currently owned by Equitable Life and the staff feels that Equitable Life should
follow through on their original commitment to locate a connection from the roads to the creek trail.
In addition, the City may need to have a trail easement given to the City to cover the proposed
alignment of the new trail connection to Equitable Drive.
RECOMMENDATIONS:
This project was reviewed by the Planning Commission at its August 12, 1996 meeting and was
approved on a 6-0 vote as per the recommendations of the staff report dated August 9, 1996 by the
Planning Department.
Staff would recommend approval of the project subject to the condition that the soft surface trail be
relocated by Equitable Life to a site suitable for pedestrian traffic to the existing soft surface trail
along Purgatory Creek.
SAF:mdd
Reality/Stu96
Unapproved Minutes
Parks, Recreation and Natural Resources Commission
August 19, 1996
V. DEVELOPMENT PROPOSAL
A. Riley Creek Ridge-Recalculated Tree Loss Information
Staff referred the Commission to a memo dated August 15, 1996, from Stuart
A. Fox, Manager of Parks and Natural Resources; a memo dated July 26,
1996, from Steven Kunde, Forester; and a letter dated July 30, 1996, from
Randall C. Hedlund, Planning Engineer.
Fox indicated this item is returned to the Commission only for the discussion
of the tree loss which at the time of the original calculation was around 52
percent. Staff had made assumptions in their calculations primarily because
there was not a consulting forester to give specific information regarding the
shelter belt planting adjacent to one of the homesteads within this
development.
Beth Simenstad, representing Hustad Land Company, reviewed the
recalculated tree loss. The shelter belt area is located in the southwest corner
of the project. The forester went through the site,reviewed it, and provided
a more accurate tree loss based on the health of the trees. The tree loss is 28
percent with 982 diameter inches lost due to grading. Tree replacement as
required by City ordinance is 366 caliper inches.
The developer reviewed the landscape plan and noted there are several trees
along County Road 1 on a berm, and it's a mixture of conifers and deciduous
trees. All of the streets in the first and second phase are lined with boulevard
trees and deciduous trees. There are deciduous and conifer trees at the
entrance to the subdivision.
Lambert noted that the City Council already reviewed this proposal and
decided not to connect Valley Road or Hilltop Road to this subdivision.
Therefore, there will be some revisions to the plan to accommodate the
neighbor's recommendations. There will be two connections changed on the
final plans.
B. Reality Interactive
Staff referred the Commission to a memo dated August 15, 1996, from Stuart
A. Fox, Manager of Parks and Natural Resources; and a Staff Report dated
August 9, 1996, from Scott A. Kipp, Senior Planner.
Unapproved Minutes
Parks,Recreation and Natural Resources Commission
August 19, 1996
Keith Holstad, principle of Oppidan Investment Company, noted they are
developing a 40,000 square foot office/warehouse building on what is now
part of the Edenvale subdivision. From the natural resources point, they
have met Staffs requirements. The significant issue is the relocation of the
trail that connects Equitable Drive down to the Eden Prairie Creek trail
which goes across from the parcel they are acquiring from Equitable. It was
a matter of convenience that this trail went across this particular parcel in
1982 when the PUD was approved. Now the City has pointed out where the
trail was supposed to be located.
Greg( )representing Westwood Engineering Service,commented they are
not in a position to dictate to Equitable what needs to happen, and Reality
Interactive can not be held responsible for the trail not being relocated.
Brown noted a correction on page 2 of the memo where it states, Staff would
recommend that Equitable Life assist the City..., change Equitable Life to
• Oppidan.
Fox reviewed the Staff Report with the Commission. There is no tree loss
on this site that meets the criteria of significant trees as defined by City
ordinance. There are some scattered trees on the site but they don't meet the
12 inch caliber size. There are a number of significant trees down by the
creek but they are in the scenic conservation area and are untouchable.
They are required by the landscaping ordinance to put in trees based on the
size of the building. The plan is for 143 caliber inches which does exceed
the ordinance. There is a mixture of deciduous and coniferous material and
the majority of it will be located along the northerly boundary at the
intersection of Equitable and Anagram. This is to screen the parking lot.
The developer is proposing to bench a NURP pond in on the hillside to
•
pretreat storm water prior to its discharge into Purgatory Creek. This NURP
pond is subject to review by the Engineering Department for the appropriate
size and proper discharge rate into Purgatory Creek. The project would be
subject to review of the grading plans by the Watershed District and must
comply with all City and Watershed District requirements.
At the time when Edenvale 9th was platted, the soft surface trail was put in
along Purgatory Creek. This trail was built on a piece of property that was
covered by a scenic conservation easement. This trail connection was a
Unapproved Minutes
Parks, Recreation and Natural Resources Commission
August 19, 1996
matter of convenience because it was an easy place to construct the trail. It
wasn't until Staff looked at the proposed plan that they found out it was
supposed to be in another location.
Staffs concern was that if the trail does not get relocated simultaneously to
the development of this project it may never get put back. The other concern
is that it may take so long people will trespass on the property or forget that
the trail is down below and start trespassing other places to get down there.
Staff recommended that the developer assist the City in discussions with
Equitable Life to make sure that the trail is relocated as per the original
agreement prior to building occupancy.
Lambert commented that Equitable Life is the company that made the
commitment to put the trail in and paid for the original development of that
trail connection. It is their responsibility to make the connection as per their
agreement. One of the conditions of the development should be that
• construction of that trail be somewhere on remaining Equitable land,
preferably in the location it was originally approved. Staff will listen if they
want to suggest a better location. Staff wants a trail easement where the trail
is going to be located and constructed prior to building occupancy.
Bowman expressed concern about the justification of approving a waiver for
a parking lot setback of 25 feet. Greg ( ) commented this was a
recommendation from Staff to minimize the impact on the bluffs. They
would still be able to provide appropriate screening.
Koenig was concerned about the grading in the conservation easement. Greg
()reviewed the grading on the plans. He noted they will not be grading in
the conservation easement at all, but will be coming close to it at times.
Jacobson expressed concern about the trail coming close to the creek. Fox
indicated this does come close to the creek. The City mows it about once or
twice a season just to brush it back from all the edges.
MOTION: Brown moved, seconded by Koenig,to recommend approval of
the project subject to the condition that the soft surface trail be relocated by
Equitable Life to a site suitable for pedestrian traffic to the existing soft
surface trail along Purgatory Creek. Motion carried 4-0.
11 C
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-3-96
SECTION: PUBLIC HEARINGS
ITEM NO. V.E
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger RESEARCH ADDITION
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 I-5 Zoning District on 26.2 acres
and PUD District Review on 26.2 acres;
• Adopt a Resolution for PUD Concept Review on 26.2 acres;
• Approve a Resolution for Preliminary Plat of 26.2 acres into 2 lots.
Background:
The Planning Commission voted 6-0 to approve the project at the August 12, 1996 meeting.
Supporting Reports:
1. Resolution for Preliminary Plat
2. Resolution for PUD Concept Review
3. Planning Commission Minutes dated August 12, 1996
4. Staff Report dated August 9, 1996
RESEARCH ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF RESEARCH ADDITION FOR RESEARCH, INC.
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of Research Addition for Research, Inc. dated August 27, 1996, consisting
of 26.2 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 3rd day of September, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Franc, City Clerk
2-
RESEARCH ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF RESEARCH ADDITION
FOR RESEARCH, INC.
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development(PUD)Concept of certain areas located within the City; and,
WHEREAS, the City Planning Commission did conduct a public hearing on the Research
Addition PUD Concept by Research,Inc. and considered their request for approval for development
(and waivers) and recommended approval of the requests to the City Council; and,
WHEREAS,the City Council did consider the request on September 3, 1996;
NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota,
as follows:
1. Research Addition, 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 August 27, 1996.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated August 12, 1996.
ADOPTED by the City Council of the City of Eden Prairie this 3rd day of September, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
S
Exhibit A
Research Addition • EXISTING LAND DESCRIPTION
TRACT I
Legal Description: That part of the Southeast Quarter of the Northeast Quarter of
Section 1 , Township 116, Range 22, lying South of the North line
of State Highway No. 169 and 212 and West of a line drawn from
the Southeast corner of the West One—half of said Southeast
Quarter of the Northeast Quarter of Section 1 to a point 743.5 -
feet Westerly at right angles from the East line of the said
Northeast Quarter of said Section 1 on a line of the following:__._:
description: Beginning at the East Quarter corner of Section--`1
thence North 6 degrees 17 minutes 35 seconds West along the-East__==
tine of said Northeast Quarter of said Section 1 a distance
1501 .75 feet to a point which is 1435.60 feet Southerly aloiig=f ';
said East Iire of said Northeast from the Northeast corner 'sf-.
Section 1 , thence South 43 degrees 31 minutes 25 seconds Weit5q:14
226.9 feet , thence South 58 degrees 00 minutes 25 seconds=Wes : =«
180.46 feet , thence South 78 degrees 00 minutes 25 seconds---Wesf .
155 .6 feet , thence South 88 degrees 40 minutes 25 seconds West.F---.:
182 .6 feet : thence South 85 degrees 35 minutes West 70.83 feetto--
a point which is 743.5 feet West measured at right angles fr.crri=
the East line of said Northeast Quarter of said Secon 1 ;
TRACT II
That part of the Northeast Quarter of Section 1 , Township 116, _
Range 22, described as follows: Beginning at the Southwest corner
of the East Quarter of said Northeast Quarter , thence East 686.47
feet to the East Quarter corner of said Section 1 , thence North 6
degrees 17 minutes 35 seconds West along the East line of said
Northeast Quarter a distance of 1501 .75 feet to a point which is
1435.60 feet Southerly along said East line of said Northeast
Quarter from ?he Northeast corner of said Section 1 , thence South
43 degrees 31 minutes 25 seconds West 226.9 feet , thence South 58
degrees 00 minutes 25 seconds West , 180.46 feet , thence South 78
degrees 00 minutes 25 seconds West , 155.6 feet thence South 88
degrees 40 minutes 25 seconds West , 182.6 feet , thence South 85
degrees 35 minutes West , 70.83 feet to a point which is 743.5
feet West, .rtreasured at right angles , from the East line of said
Northeast Quarte. , thence South 9 degrees 12 minutes East ,
1206. 12 feet to the point of beginning, except that part thereof
lying North of the North line of State Highway 169 and 212, and
except, that part which lies Easterly of a line parallel with and
40.0 feet Westerly of- the following described line 1 ; and
Northeasterly and Northerly of a line parallel with and 50.0 feet
outhwester.ly and southerly of the following described Line 2:
inning at the Northeast corner of Section 1 , Township 116,
ge 22;- thence South 87 degrees 24 minutes 02 seconds East a
'stance of 88.5 feet ; thence South 00. degrees 45 minutes 42
seconds a distance East a distance of 2950.28 feet ; thence South
89 degrees 14 minutes 18 seconds West a distance of 136.0 feet to
the actual point- of. beginning"of Line 1 ; thence North 00 degrees
45 mr'nutes._42 seconds West a distance of 1069.4 feet to the
termination of Line 1- and the actual point of beginning of Line
2; thence along a tangential curve to the left, said curve having
a radius .of 175.0 feet (delta angle 118 degrees 12 minutes 10
seconds) a distance of 361 .03 feet and there terminating.
according to- the Government Survey thereof .
For the purpose. of this -description of. lines 1. and 2, .the East :
line?of the -Northeast Quarter_ of• the 'aforesaid Section 1 shall be
designated as having an assumed bearing of North 04 degrees 19
minutes 05 seconds West
y
PLANNING COMMISSION MINUTES
Monday, August 12, 1996
Page 11
G. RESEARCH ADDITION by Research, Inc. Request for Planned Unit Development
Concept Review on 26.2 acres, Planned Unit Development District Review on 26.2
acres, Zoning District Amendment in the I-5 Zoning District on 26.2 acres, Site Plan
Review on 26.2 acres, and Preliminary Plat on 26.2 acres into 2 lots. Location: Flying
Cloud Drive.
John Dietrich, RLK Associates, representing Research, Inc., reviewed the plans. He
discussed the plat specifics regarding the request for site plan approval, and stated
that a portion of the property located in the southeast corner of the site was
condemned when Highway 169 was constructed, which constituted a hardship for
them now when they attempted to develop the site.
Franzen reviewed the staff report and stated that staff recommended approval of the
requests subject to the stipulations listed in the staff report, and was agreeable to
having the parking setback at 0' given the taking of property when Highway 169 was
constructed.
Claude Johnson, President of Research, Inc. stated they have requested a permanent
waiver for the parking area on the southeast corner of the site in part to preserve a
large oak tree on the site. Foote inquired how large the oak tree was and Johnson
responded between 36" to 40" in diameter. Ismail inquired what Research, Inc.
manufactures. Johnson responded that they were one of the first commercial
buildings in Eden Prairie and they manufacture high-tech products. Wissner stated
she had no objection to the 0' parking setback because the trees on the site provided
screening from the adjacent properties as well as the roadway.
The Public Hearing was opened.
No one present wished to speak.
Sandstad stated he applauded the decision to build a building around a large oak tree.
MOTION: Wissner moved, seconded by Habicht, to recommend to the City Council
approval of the request of Research, Inc. for Planned Unit Development Concept
Review on 26.2 acres, Planned Unit Development District Review on 26.2 acres,
Zoning District Amendment in the I-5 Zoning District on 26.2 acres, Site Plan Review
on 26.2 acres, and Preliminary Plat on 26.2 acres into 2 lots based on plans dated
August 9, 1996 and subject to the recommendations of the Staff Report dated August
1996. Motion carried 6-0.
\ C
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: August 9, 1996
SUBJECT: Research, Inc.
APPLICANT/
FEE OWNER: Research, Inc.
LOCATION: Flying Cloud Drive
REQUEST: 1. Planned Unit Development Concept Review on 26.2 acres
2. Planned Unit Development District Review on 26.2 acres
3. Zoning District Amendment in the I-5 Zoning District on 26.2
acres.
4. Preliminary Plat of 26.2 acres into two lots and road right-of-
way.
5. Site Plan Review on 26.2 acres.
(0
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Staff Report
Research Addition
August 9, 1996 •
BACKGROUND
This property is currently zoned I-5. There are two existing lots. Research, Inc. Is requesting
approval of a subdivision to readjust the lot lines so that lot 2 could be sold to Starkey Labs.
Both lot 1 and lot 2 meet the dimensional and square footage requirements of the I-5 zoning district
for a 5-acre minimum lot size and 300 feet of street frontage.
Research, Inc. would be on proposed lot 1. The base area ratio is .07. City Code permits up to a
.30 base area ratio. Based upon the existing use of the building, a total of 270 parking spaces is
required. The site plan shows 272 parking spaces,both actual spaces and proof of parking spaces,
meeting the setback requirement of 75 feet from Flying Cloud Drive and 37 %2 feet from Washington
Ave.
The existing parking lot on the southeast side of the building has a zero setback to parking along
Washington Ave. The dimensional requirements for a parking lot do not meet the City Code
requirement of a 63 foot dimension between perpendicular parking spaces. The site plan currently
shows 55 feet. When Research Inc. Built the parking lot it met city code requirements. Hennepin
County purchased right of way for the construction of County Road 18 and construction of
Washington Avenue which created the zero setback to parking. •
The staff would recommend granting a waiver through the planned unit development for the
following reasons .
1. The zero setback was created by the need for right of way to construct road improvements
. It is not a waiver created by the owner.
2. No significant trees are lost for parking lot expansion.
3. Seventy five percent of the views of all existing and proposed parking are screened according
to city code.
STAFF RECOMMENDATIONS
The staff would recommend approval of the Planned Unit Development Concept Review on 26.2
acres, Planned Unit Development District Review on 26.2 acres,Zoning District Amendment in the
I-5 Zoning District on 26.2 acres, Site Plan Review on 26.2 acres and Preliminary Plat on 26.2 acres
into 2 lots.
1. The following waivers from city code are granted as part of the Planned Unit
Development District review in the I-5 Zoning district:
A. Front yard setback from 37.5 feet to 0 feet along Washington Avenue.
.
Staff Report
Research Addition
August 9, 1996 •
B. Parking dimension from 63 feet to 55 feet.
9
Wad en
CITY COUNCIL AGENDA DATE:
prairie SECTION: Payment of Claims 9-03-96
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance Payment of Claims VI
Checks No. 44857 thru 45260
Action/Direction:
Approve payment of claims.
COUNCIL CHECK SUMMARY TUE, AUG 27, 1996, 4:07 PM
DIVISION TOTAL
N/A $8,904.75
CONTINGENCY $263.70
LEGISLATIVE $1,600.00
LEGAL COUNSEL $14,635.85
GENERAL SERVICES $3,903.89
BENEFITS & TRAINING $2,425.87
CITY MANAGER $43.67
FINANCE $573.28
HUMAN RESOURCES $3,317.31
COMMUNITY INFORMATION $2,970.13
ENGINEERING $147.50
INSPECTIONS $164.87
FACILITIES $5,357.44
ASSESSING $316.75
CIVIL DEFENSE $280.14
POLICE $7,530.37
FIRE $3,027.16
PARK ADMINISTRATION $171.50
STREETS & TRAFFIC $17,373.22
PARK MAINTENANCE $34,696.56
STREET LIGHTING $386.47
FLEET SERVICES $10,240.17
ORGANIZED ATHLETICS $5,935.52
COMMUNITY DEVELOP $712.50
COMMUNITY CENTER $7,929.54
BEACHES $79.79
HISTORICAL $411.40
YOUTH RECREATION $5,263.58
SPECIAL EVENTS $2,879.44
ADULT RECREATION $4,379.66
RECREATION ADMIN $88.09
ADAPTIVE REC $651.65
OAK POINT POOL $231.50
ARTS $1,550.00
PUBLIC IMPROV PROJ $88,803.82
SPECIAL ASSESSMENTS $179,640.06
CITY CENTER $3,354.87
SPECIAL REVENUE FUNDS $5,844.00
PRAIRIE VILLAGE $33,987.89
PRAIRIEVIEW $53,820.37
PRESERVE $20,236.34
WATER DEPT $69,544.43
SEWER DEPT $690,567.27
STORM DRAINAGE $6,960.17
AGENCY FUNDS $14,758.17
ADA $3,196.08
$1,319,156.74*
2
COUNCIL CHECK REGISTER TUE, AUG 27, 1996, 4:07 PM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
44857 $88.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM
44858 $300.00 ALAN ROLEK OTHER CONTRACTED SERVICES STARING LAKE CONCERT
44859 $89.30 CONNIE PETERS USE OF PERSONAL AUTO ASSESSING-ADM
44860 $39.00 GARRETT SMELTZER USE OF PERSONAL AUTO EPCC MAINTENANCE
44861 $252.41 GLENROSE FLORAL AND GIFT SHOPS EMPLOYEE AWARD HUMAN RESOURCES
44862 $19.00 JANICE KUSLEIKA ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS
44863 $125.00 JOEL WESTACOTT EMPLOYEE AWARD HUMAN RESOURCES
44864 $14.76 JOHN SORENSEN INVESTIGATION TRAVEL POLICE
44865 $225.00 LILA KLEHR EMPLOYEE AWARD HUMAN RESOURCES
44866 $80.00 LINDA FRANKENSTEIN EMPLOYEE AWARD HUMAN RESOURCES
44867 $125.00 LOREN HALLONQUIST OTHER CONTRACTED SERVICES STARING LAKE CONCERT
44868 $23.52 MICHAEL W JACQUES USE OF PERSONAL AUTO PRESERVE LIQUOR #2
44869 $750.00 MPLS COMMUNITY COLLEGE FOUNDAT OTHER CONTRACTED SERVICES STARING LAKE CONCERT
44870 $2,076.11 NEBCO EVANS DISTRIBUTING MERCHANDISE FOR RESALE ROUND LAKE CONCESSIONS
44871 $150.00 RICHARD BEYER AWARDS HORSESHOES
44872 $40.00 ROSETTI VAASSEN SCHOOLS FITNESS CLASSES
44873 $13.88 SANDY WERTS SPECIAL EVENTS FEES SENIOR CENTER PROGRAM
44874 $50.00 SENATE DISTRICT 42 DFL STARING LAKE BUILDING RENTAL SPECIAL EVENTS
44875 $8.00 SHEILA KRAUSERT ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS
44876 $65.63 TERRY KUCERA USE OF PERSONAL AUTO COMMUNITY SERVICES
44877 $27.00 TRIA MANN OPERATING SUPPLIES-GENERAL ADAPTIVE RECREATION
44878 $300.00 TUNE INTO KIDS OTHER CONTRACTED SERVICES STARING LAKE CONCERT
44879 $42.55 ULINE OFFICE SUPPLIES GENERAL
44880 $5,886.54 US WEST COMMUNICATIONS TELEPHONE SEWER LIFTSTATION
44882 $40.49 WENDY M SCHNEIDER EQUIPMENT RENTAL TEEN WORK PROGRAM
44883 $10.00 WENZEL HEATING & AIR CONDITION PLUMBING PERMIT FD 10 ORG
44884 $47.14 BELLBOY CORPORATION BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
44885 $17,415.60 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
44886 $31,771.35 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
44887 $17,192.88 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
44888 $1,340.45 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1
44889 $299.50 PEPSI COLA COMPANY MISC TAXABLE PRESERVE LIQUOR #2
44890 $19.00 PHILLIPS WINE AND SPIRTS INC BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
44891 $268.25 THE WINE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
44892 $33,275.05 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
44893 $13.00 ADELE KRANTZ SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM
44894 $28.00 AMY MASCHE LESSONS/CLASSES POOL LESSONS
44895 $25.00 ANGELA SCHMITT LESSONS/CLASSES POOL LESSONS
44896 $28.00 ANNE MYHRAN LESSONS/CLASSES POOL LESSONS
44897 $20.00 BARBARA KESSLER LESSONS/CLASSES ICE ARENA
44898 $84.00 BECKY LARSON LESSONS/CLASSES POOL LESSONS
44899 $62.00 BILL TRANTINA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
44900 $32.00 BOBBIE HUOVIE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
44901 $28.00 BRENDA HAFNER LESSONS/CLASSES POOL LESSONS
44902 $49.00 BRENDA MEYER ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
44903 $23.90 CAROL FRIMERMAN ADULT/YOUTH/OUTDOOR CTR PROG YOUTH ATHLETICS
44904 $35.00 CAROL TIMM ADULT/YOUTH/OUTDOOR CTR PROG YOUTH ATHLETICS
44905 $24.00 CATHY SCHERER ADULT/YOUTH/OUTDOOR CTR PROG YOUTH ATHLETICS
44906 $84.00 CHERYL HANSON LESSONS/CLASSES OAK POINT LESSONS
44907 $12.00 CHRISTINE MARTINEZ ADULT/YOUTH/OUTDOOR CTR PROG ACTIVITY CAMP
44908 $15.00 CINDY SMITH ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
44909 $71.00 CONNIE HAHN ADULT/YOUTH/OUTDOOR CTR PROG SPORTS/SPECIAL CAMPS
44910 $45.00 DARRELL GILMORE ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND
44911 $25.00 DEB HIGGINS LESSONS/CLASSES POOL LESSONS
44912 $25.00 GAIL BENO LESSONS/CLASSES POOL LESSONS
3
COUNCIL CHECK REGISTER TUE, AUG 27, 1996, 4:07 PM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
44913 $21.50 GLORIA BRILEY LESSONS/CLASSES OAK POINT LESSONS
44914 $22.00 GRETCHEN CHRISTENSON LESSONS/CLASSES POOL LESSONS
44915 $23.00 HELEN GUNTHER ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS
44916 $32.00 HENRY HAVERSTOCK ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
44917 $24.50 IRENE MORIYAMA LESSONS/CLASSES POOL LESSONS
44918 $74.00 JAN CHRISTIANSEN ADULT/YOUTH/OUTDOOR CTR PROG ACTIVITY CAMP
44919 $20.00 JAN CHRISTIANSEN LESSONS/CLASSES POOL LESSONS
44920 $25.00 JAN GLENN LESSONS/CLASSES POOL LESSONS
44921 $11.00 JANET OST LESSONS/CLASSES POOL LESSONS
44922 $32.00 JANIS TARAGOS ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
44923 $66.00 JEAN BROST ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
44924 $64.00 JENNIFER MCNAUGHTON LESSONS/CLASSES POOL LESSONS
44925 $27.00 JOAN BABEL LESSONS/CLASSES POOL LESSONS
44926 $42.00 JOEY OMLIE ADULT/YOUTH/OUTDOOR CTR PROG ARTS CAMP
44927 $21.00 JULIE REEVES ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
44928 $32.00 KATHERINE ENGLE ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND
44929 $11.00 KEIKO DUNN LESSONS/CLASSES POOL LESSONS
44930 $74.00 KIRK BERNHAGEN ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP
44931 $28.00 LARRY NELSON LESSONS/CLASSES OAK POINT LESSONS
44932 $28.00 LAURA BEAUCHAMP LESSONS/CLASSES POOL LESSONS
44933 $27.00 LAUREN BROWN ADULT/YOUTH/OUTDOOR CTR PROG JUNIOR PLAYGROUND
44934 $36.00 LAURENCE HOLM ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND
44935 $48.00 LEANNE HEARNE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
44936 $48.00 LEEANN WHELAN ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND
44937 $74.00 LINDA HUNTLEY ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP
44938 $35.00 LINDA MILLER ADULT/YOUTH/OUTDOOR CTR PROG YOUTH ATHLETICS
44939 $32.00 LISA CARLSON ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND
44940 $23.00 LISA CARLTON LESSONS/CLASSES POOL LESSONS
44941 $21.50 LISA OSTENDORF LESSONS/CLASSES POOL LESSONS
44942 $44.40 LISA YOUNDAHL ADULT/YOUTH/OUTDOOR CTR PROG ACTIVITY CAMP
44943 $71.00 LORI DANIELSON ADULT/YOUTH/OUTDOOR CTR FROG DAY CAMP
44944 $25.00 LUZ PAZ LESSONS/CLASSES POOL LESSONS
44945 $11.00 LYNETTE BIUNNO LESSONS/CLASSES POOL LESSONS
44946 $18.67 LYNN GILBERT LESSONS/CLASSES ICE ARENA
44947 $73.00 MARILYN VANDERMARK LESSONS/CLASSES POOL LESSONS
44948 $3.50 MARK KREMER LESSONS/CLASSES POOL LESSONS
44949 $14.00 MARY BETH SCHULKE LESSONS/CLASSES OAK POINT LESSONS
44950 $24.00 MARY REMAKEL ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
44951 $74.00 MICHAEL BIERMAIER ADULT/YOUTH/OUTDOOR CTR PROG SPORTS/SPECIAL CAMPS
44952 $24.00 MONICA HO ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
44953 $21.00 NAANI DORNIK ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
44954 $74.00 OLGA FRIEDMAN ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP
44955 $21.50 PEGGY MCCARTAN LESSONS/CLASSES POOL LESSONS
44956 $24.00 PAM SCHWARTZ ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
44957 $28.00 PAMELA OTTESON LESSONS/CLASSES POOL LESSONS
44958 $15.30 PATTY HUGH ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
44959 $27.40 PAULINE BORUCKI ADULT/YOUTH/OUTDOOR CTR PROG YOUTH ATHLETICS
44960 $28.00 PHILLIP & ANTONETTA VEENBOER LESSONS/CLASSES OAK POINT LESSONS
44961 $148.00 RACHEL WRIGHT ADULT/YOUTH/OUTDOOR CTR PROG ACTIVITY CAMP
44962 $23.00 RICK & SUE FONS LESSONS/CLASSES ICE ARENA
44963 $48.00 RICK RUTLEDGE ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND
44964 $20.00 ROBERT MCCARTHY ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM
44965 $42.00 ROBIN STEWART ADULT/YOUTH/OUTDOOR CTR PROG ARTS CAMP
44966 $42.00 ROGER EAGLE ADULT/YOUTH/OUTDOOR CTR PROG ARTS CAMP
44967 $16.00 RUSSELL & BARBARA MURPHY SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM
ti
COUNCIL CHECK REGISTER TUE, AUG 27, 1996, 4:07 PM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
44968 $21.50 SALLY BARQUIST LESSONS/CLASSES POOL LESSONS
44969 $25.00 SANDRA FREY LESSONS/CLASSES POOL LESSONS
44970 $32.00 SANDRA NETZEL ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
44971 $20.00 SANDY DUFFY ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM
44972 $56.00 SANDY PAYNE LESSONS/CLASSES POOL LESSONS
44973 $225.00 STEPHANIE LARSON LESSONS/CLASSES POOL LESSONS
44974 $23.00 STEPHEN WITHROW ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
44975 $21.00 SUSAN NORD ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
44976 $74.00 TERESA WORKMAN ADULT/YOUTH/OUTDOOR CTR PROG ACTIVITY CAMP
44977 $53.00 TERRI TOMLINSON LESSONS/CLASSES POOL LESSONS
44978 $96.00 TERRY MCGLYNN ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND
44979 $16.25 THE BLAKE SCHOOL C/C FACILITIES RENTAL ICE ARENA
44980 $56.00 THERESE O'CONNELL LESSONS/CLASSES OAK POINT LESSONS
44981 $43.00 TIM COLLINS LESSONS/CLASSES POOL LESSONS
44982 $18.00 TIM PORTINGA LESSONS/CLASSES POOL LESSONS
44983 $71.00 VALERIE WALSH ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP
44984 $23.00 WILLIAM FOSTER LESSONS/CLASSES POOL LESSONS
44985 $128.30 ANOKA CO GOVT CTR GARNISHMENT WITHHELD FD 10 ORG
44986 $662.81 CARVER CO CHILD SUPPORT UNIT GARNISHMENT WITHHELD FD 10 ORG
44987 $300.00 FEDERAL RESERVE BANK OF MPLS BOND DEDUCTION FD 10 ORG
44988 $8,135.50 GREAT WEST LIFE AND ANNUITY DEFERRED COMP FD 10 ORG
44989 $545.55 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG
44990 $4,292.12 I.C.M.A. RETIREMENT TRUCT-457 DEFERRED COMP FD 10 ORG
44991 $1,364.00 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG
44992 $332.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG
44993 $227.42 MINNESOTA DEPT OF REVENUE GARNISHMENT WITHHELD FD 10 ORG
44994 $1,912.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG
44995 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG
44996 $44,459.67 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG
44997 $184.00 UNITED WAY UNITED WAY WITHHELD FD 10 ORG
44998 $208.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM
44999 $50.00 AMERICAN HEART ASSOCIATION PROFESSIONAL SERVICES BENEFITS
45000 $171.50 BARBARA CROSS USE OF PERSONAL AUTO PARK PLAN & DEVELOP
45001 $140.00 BOB LAMBERT DUES & SUBSCRIPTIONS IN SERVICE TRAINING
45002 $55.00 CYNTHIA DZIMIAN AMPHITHEATRE RENTAL SPECIAL EVENTS
45003 $6,497.45 HENNEPIN COUNTY TREASURER LICENSES & TAXES RILEY LAKE
45004 $37.88 JOEL KLUTE C/C FACILITIES RENTAL ICE ARENA
45005 $936.46 JOEL WESTACOTT WAGES PART TIME COMMUNITY SERVICES
45006 $61.04 LAURIE HELLING USE OF PERSONAL AUTO RECREATION ADMIN
45007 $10,882.71 NORTHERN STATES POWER CO ELECTRIC SEWER LIFTSTATION
45009 $199.80 PARK NICOLLET CLINIC HEALTHSYS PROFESSIONAL SERVICES HUMAN RESOURCES
45010 $100.00 PETTY CASH OPERATING SUPPLIES-GENERAL FD 10 ORG
45011 $175.00 SENSIBLE LAND USE COALITION MEETING EXPENSES IN SERVICE TRAINING
45012 $1,168.19 AIRTOUCH CELLULAR TELEPHONE SEWER UTILITY-GEN
45013 $80.00 AMEM C KOLAR TREASURER SCHOOLS POLICE
45014 $90.00 BRAD SNYDER INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM
45015 $100.00 COMPREHENSIVE MANAGED CARE WORKMANS COMP INS BENEFITS
45016 $7,420.59 HENNEPIN COUNTY DEPOSITS ESCROW
45017 $50.00 NATALIE SWAGGERT CONFERENCE IN SERVICE TRAINING
45018 $15.96 PAT MCCARTY OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINT
45019 $48.00 PETTY CASH CC CHANGE FUND FD 10 ORG
45020 $66.69 PRAIRIE CYCLE & SKI POLICE EQUIPMENT POLICE
45021 $135.41 ROBERT JAMES WATTERS DEPOSITS DRUG FORFEITURE
45022 $197.80 ROD MACRAE OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM
45023 $84.00 RODNEY W RUE DUES & SUBSCRIPTIONS ENGINEERING DEPT
5
COUNCIL CHECK REGISTER TUE, AUG 27, 1996, 4:07 PM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
45024 $418.86 RUTTGERS BAY LAKE LODGE SCHOOLS POLICE
45025 $1,469.01 SISINNI FOOD SERVICE MISCELLANEOUS IN SERVICE TRAINING
45026 $8,649.45 SOUTH CEDAR GREENHOUSES LANDSCAPE MTLS & AG SUPPL PARK MAINT
45027 $129.34 ST CLOUD KELLY INN CONFERENCE IN SERVICE TRAINING
45028 $58.32 TOM SCHMITZ TRAINING SUPPLIES FIRE
45029 $2,079.06 CITY OF MINNETONKA ACCTS REC-CUSTOMER WATER DEPT
45030 $1,758.79 US POSTMASTER POSTAGE WATER ACCTG
45031 $222.59 US POSTMASTER POSTAGE COMMUNITY SERVICES
45032 $2,300.00 US POSTMASTER POSTAGE COMMUNITY BROCHURE
45033 $25.43 CAROLYN MONSRUD POSTAGE GENERAL
45034 $970.50 DALGREN GOLF COURSE SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM
45035 $80.39 WALMART STORES INC AWARDS VOLLEYBALL
45036 $116,367.75 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG
45037 $750.00 WEST SUBURBAN COLUMBUS CREDIT CREDIT UNION FD 10 ORG
45038 $209.00 BLAKEWOOD BUSINESS FORMS SOFTWARE ASSESSING-ADM
45039 $225.50 CRAGUNS CONFERENCE CENTER SCHOOLS POLICE
45040 $127.80 GRAND VIEW LODGE SCHOOLS POLICE
45041 $5,000.00 INSTITUTE FOR MN ARCHAEOLOGY OTHER CONTRACTED SERVICES 95 CLG GRANT 053-95-1815F
45042 $4,025.97 J A PRICE AGENCY INC INSURANCE SEWER SYSTEM MAINT
45043 $475,843.50 METROPOLITIAN COUNCIL SYSTEM ACCESS-SEWER SEWER DEPT
45044 $8,652.24 MINNESOTA STATE TREASURER BLDG SURCHARGES BLDG SURCHARGE
45045 $120.00 MN/S.C.I.A. SCHOOLS POLICE
45046 $25.00 MSANI S/A J B PREECE SCHOOLS POLICE
45047 $588.00 SCOTT REINHARDT WAGES CONTRACTED FIRE
45048 $26.00 AAA LAMBERTS LANDSCAPE PRODUCT REPAIR & MAINT SUPPLIES STORM DRAINAGE
45049 $1,904.78 ADT SECURITY SYSTEMS INC TELEPHONE EATON BLDG
45050 $2,206.94 AMERICAN ENGINEERING TESTING I PROFESSIONAL SERVICES WATER STORAGE-BAKER RD
45051 $563.95 AMERICAN PAYROLL ASSOCIATION DUES & SUBSCRIPTIONS IN SERVICE TRAINING
45052 $720.35 AMERICAN RED CROSS REC EQUIP & SUPPLIES POOL LESSONS
45053 $300.00 AMERICAN WATER WORKS ASSOCIATI DUES & SUBSCRIPTIONS WATER UTILITY-GEN
45054 $728.49 AMERIDATA INC OPERATING SUPPLIES-GENERAL TCD INVENTORY
45055 $1,237.80 ANCHOR PRINTING COMPANY PRINTING ADAPTIVE RECREATION
45056 $1,928.12 APRES EQUIPMENT RENTAL JULY 4TH CELEBRATION
45057 $148.58 AUTO ELECTRIC SERVICE OF BLOOM CONTRACTED REPAIR & MAINT EQUIPMENT MAINT
45058 $1,474.30 AVR INC SIDEWALK REPLACEMENT STREET MAINT
45059 $888.00 B & S TOOLS EQUIPMENT PARTS STORM DRAINAGE
45060 $19.13 BACHMANS CREDIT DEPT CITY CENTER GROUNDS MNTC FIRE STATION #2
45061 $536.05 BACONS ELECTRIC COMPANY CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT
45062 $392.15 BALDWIN COOKE COMPANY OPERATING SUPPLIES-GENERAL WATER UTILITY-GEN
45063 $261.30 BAUER BUILT TIRE AND BATTERY CONTRACTED REPAIR & MAINT CIVIL DEFENSE
45064 $861.14 BELLBOY CORPORATION MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1
45065 $649.65 BENIEK LAWN SERVICE OTHER CONTRACTED SERVICES PARK MAINT
45066 $8,228.35 BENSHOOF & ASSOCIATES INC DEPOSITS ESCROW
45067 $227.80 BETH AND MORLEY BURNETT REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
45068 $1,670.34 BETH NILSSON INSTRUCTOR SERVICE ICE ARENA
45069 $30.00 BFI TIRE RECYCLERS OF MN INC WASTE DISPOSAL EQUIPMENT MAINT
45070 $6,196.92 BIFFS INC WASTE DISPOSAL PARK MAINT
45074 $80.00 BILL DROEGER OPERATING SUPPLIES-GENERAL WATER UTILITY-GEN
45075 $32,881.47 BLACK & VEATCH DESIGN & CONST 10 MGD WATER PLANT EXPANSION
45076 $52.90 BLUE BELL ICE CREAM MERCHANDISE FOR RESALE ROUND LAKE CONCESSIONS
45077 $326.76 BRAUN INTERTEC CORPORATION DESIGN & CONST PAFKO 2ND ADDITION
45078 $486.00 BRENDA JERDE OTHER CONTRACTED SERVICES OUTDOOR CTR PROGRAM
45079 $140.90 BROCK WHITE CO LLC BLDG REPAIR & MAINT FIRE STATION #3
45080 $529.70 CAPITOL COMMUNICATIONS CONTRACTED REPAIR & MAINT POLICE
45081 $652.45 CENTRAIRE INC CONTRACTED BLDG REPAIRS PRAIRIE VILLAGE LIQUOR #1
(
COUNCIL CHECK REGISTER TUE, AUG 27, 1996, 4:07 PM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
45082 $144.00 CHRIS JESSEN OTHER CONTRACTED SERVICES SOFTBALL
45083 $585.00 CHRISTOPHER SODERSTROM OTHER CONTRACTED SERVICES SOFTBALL
45084 $245.25 CITY OF RICHFIELD SPECIAL EVENTS FEES ADULT PROGRAM
45085 $177.12 CLEAN SWEEP INC OTHER CONTRACTED SERVICES ROUND LAKE
45086 $412.82 COMMISSIONER OF TRANSPORATION CONST TESTING-SOIL BORING TH5 TO CTY 4
45087 $961.45 CONNEY SAFETY PRODUCTS CLEANING SUPPLIES WATER UTILITY-GEN
45088 $375.15 CONSTRUCTION MATERIALS INC REPAIR & MAINT SUPPLIES STORM DRAINAGE
45089 $214.72 CONTECH CONSTRUCTION PRODUCTS ASPHALT OVERLAY STREET MAINT
45090 $176.09 COOPERATIVE POWER ASSOC PRINTING COMMUNITY SERVICES
45091 $170.75 COPY EQUIPMENT INC OPERATING SUPPLIES-GENERAL PARK MAINT
45092 $98.85 CROWN MARKING INC OPERATING SUPPLIES-GENERAL FIRE
45093 $20,029.16 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT
45094 $118.72 DALCO CLEANING SUPPLIES EPCC MAINTENANCE
45095 $61.27 DANKO EMERGENCY EQUIPMENT CO TRAINING SUPPLIES FIRE
45096 $23.50 DANYS TAILOR CLOTHING & UNIFORMS POLICE
45097 $252.00 DAVID OSTERCAMP OTHER CONTRACTED SERVICES SOFTBALL
45098 $365.85 DECORATIVE DESIGNS INC RENTALS EP CITY CTR OPERATING COSTS
45099 $219.50 DEM CON LANDFILL INC WASTE DISPOSAL PARK MAINT
45100 $40.00 DEPARTMENT OF AGRICULTURE PROFESSIONAL SERVICES LIME SLUDGE
45101 $92.15 DESIGNS BY NORVELL INC OFFICE SUPPLIES POLICE
45102 $6,705.00 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT
45103 $45.02 DRISKILLS NEW MARKET OFFICE SUPPLIES POLICE
45104 $468.68 DYNA SYSTEMS EQUIPMENT PARTS WATER TREATMENT PLANT
45105 $140.00 E M PRODUCTS INC EQUIPMENT PARTS WATER TREATMENT PLANT
45106 $7,268.90 EARL F ANDERSON DEPOSITS ESCROW
45107 $420.71 ECOLAB INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
45108 $47.00 EDEN PRAIRIE CHAMBER OF COMMER MEETING EXPENSES IN SERVICE TRAINING
45109 $10.61 EDEN PRAIRIE FORD EQUIPMENT PARTS EQUIPMENT MAINT
45110 $337.25 EDEN PRAIRIE SCHOOL DISTRICT N BLDG RENTAL ART & MUSIC
45111 $1,350.00 EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL TREE REMOVAL
45112 $136.59 ELK RIVER CONCRETE PRODUCTS REPAIR & MAINT SUPPLIES STORM DRAINAGE
45113 $70.27 ELVIN SAFETY SUPPLY INC REPAIR & MAINT SUPPLIES SEWER UTILITY-GEN
45114 $22.90 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL
45115 $372.75 F HANSON ASSOC OTHER EQUIPMENT GENERAL BLDG FACILITIES
45116 $398.99 FIBRCOM COMMUNICATIONS POLICE
45117 $225.34 FIDELITY PRODUCTS CO CHEMICALS WATER TREATMENT PLANT
45118 $315.11 FORKLIFT & EQUIPMENT SERVICES CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT
45119 $396.00 FRANK LAVALLE OTHER CONTRACTED SERVICES SOFTBALL
45120 $76.39 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS EPCC MAINTENANCE
45121 $1,071.92 G & K SERVICES-MPLS INDUSTRIAL CLOTHING & UNIFORMS EQUIPMENT MAINT
45122 - $275.00 GARY DIETHELM OTHER CONTRACTED SERVICES CEMETARY OPERATION
45123 $1,256.31 GENERAL OFFICE PRODUCTS COMPAN OFFICE SUPPLIES WATER UTILITY-GEN
45124 $3,459.91 GENUINE PARTS COMPANY OPERATING SUPPLIES-GENERAL EQUIPMENT MAINT
45125 $125.28 GLIDDEN COMPANY OPERATING SUPPLIES-GENERAL MILLER PARK
45126 $2,003.16 GUNNAR ELECTRIC CO INC OTHER CONTRACTED SERVICES PARK MAINT
45127 $177.08 HACH COMPANY OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT
45128 $10,130.59 HANSEN THORP PELLINEN OLSON PROFESSIONAL SERVICES RIVERVIEW RD
45129 $52.12 HENNEPIN CNTY ATTORNEYS OFFICE DEPOSITS DRUG FORFEITURE
45130 $63.50 HENNEPIN COUNTY PUBLIC RECORDS RECORDING DOCUMENT FEE ENGINEERING DEPT
45131 $712.50 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT
45132 $350.00 HILLARY DEPARDE OTHER CONTRACTED SERVICES ARTS CAMP
45133 $20.95 HODGES BADGE COMPANY INC OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS
45134 $470.00 HONEYWELL INC OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3
45135 $1,998.00 HONEYWELL INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT
45136 $101.13 HOSP. SUPPLY SCIENTIFIC PROD CHEMICALS WATER TREATMENT PLANT
COUNCIL CHECK REGISTER TUE, AUG 27, 1996, 4:07 PM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
45137 $560.00 INFRATECH CONTRACTED REPAIR & MAINT SEWER SYSTEM MAINT
45138 $1,639.63 JANEX INC OTHER EQUIPMENT EP CITY CTR OPERATING COSTS
45139 $259.00 JASON MEILI DEPOSITS DRUG FORFEITURE
45140 $1,340.75 JEANE THORNE INC OTHER CONTRACTED SERVICES COMMUNITY SERVICES
45141 $450.00 JOHN MICHELAN OTHER CONTRACTED SERVICES SOFTBALL
45142 $990.46 KELLY SPANN OTHER CONTRACTED SERVICES SOFTBALL
45143 $12,261.68 KODET ARCHITECTURAL GRP LTD DESIGN & CONST PW STORAGE FACILITY
45144 $129.85 KOSS OPERATING SUPPLIES-GENERAL MILLER PARK
45145 $308.00 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS PUBLIC WORKS/PARKS
45146 $2,113.49 LAKE REGION VENDING MISC TAXABLE PRESERVE LIQUOR #2
45147 $16,549.24 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE 10 MGD WATER PLANT EXPANSION
45148 $236.97 LANO EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINT
45149 $160.00 LINDA FRANKENSTEIN OTHER CONTRACTED SERVICES TASTE OF PRAIRIE
45150 $1,085.70 LIQUID CARBONIC CHEMICALS WATER TREATMENT PLANT
45151 $50.50 LOCKGUARD INC CONTRACTED REPAIR & MAINT FINANCE DEPT
45152 $60.00 LOES OIL COMPANY CONTRACTED REPAIR & MAINT EQUIPMENT MAINT
45153 $181.00 LORENZ BUS SERVICE INC TRANSPORTATION ADULT PROGRAM
45154 $402.76 LYONS SAFETY REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT
45155 $1,104.98 MACQUEEN EQUIPMENT INC EQUIPMENT PARTS STORM DRAINAGE
45156 $75.00 MARGARET OVERLAND OTHER CONTRACTED SERVICES STARING LAKE CONCERT
45157 $612.00 MARTIN-MCALLISTER PROFESSIONAL SERVICES POLICE
45158 $150.00 MARY FREY OTHER CONTRACTED SERVICES VOLLEYBALL
45159 $333.00 MASON CUTTERS CONTRACTED REPAIR & MAINT STORM DRAINAGE
45160 $407.74 MAUN & SIMON PLC LEGAL SERVICE LEGAL COUSEL
45161 $202.36 MAXI-PRINT INC OPERATING SUPPLIES-GENERAL EP CITY CTR OPERATING COSTS
45162 $356.40 MCFARLANES INC BLDG REPAIR & MAINT HERITAGE PRESERVATION
45163 $1,969.15 MCNEILUS STEEL INC BUILDING MATERIALS MILLER PARK
45164 $1,070.46 MENARDS BUILDING MATERIALS PARK MAINT
45166 $138.56 MERLINS ACE HARDWARE OPERATING SUPPLIES-GENERAL ROUND LAKE MARINA
45167 $556.78 METRO ATHLETIC SUPPLY OPERATING SUPPLIES-GENERAL MILLER PARK
45168 $8,603.40 METRO CONCRETE RAISING INC CONTRACTED REPAIR & MAINT STORM DRAINAGE
45169 $186.38 METRO PRINTING INC PRINTING FIRE
45170 $267.80 METRO RESOURCES UNLIMITED OTHER CONTRACTED SERVICES PARK MAINT
45171 $207,811.00 METROPOLITIAN COUNCIL WASTEWAT WASTE DISPOSAL SEWER UTILITY-GEN
45172 $2,142.75 MIDWEST ASPHALT CORPORATION REPAIR & MAINT SUPPLIES STORM DRAINAGE
45173 $168.75 MIDWEST COCA COLA BOTTLING COM MERCHANDISE FOR RESALE CONCESSIONS
45174 $146.88 MINNCOMM PAGING COMMUNICATIONS INSPECTION-ADM
45175 $64.07 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL
45176 $952.74 MINNESOTA CONWAY OPERATING SUPPLIES-GENERAL SAFETY
45177 $92.00 MINNESOTA COUNTIES INS TRUST PROFESSIONAL SERVICES BENEFITS
45178 $168.40 MOORE MEDICAL CORP SAFETY SUPPLIES FIRE
45179 $3,032.67 MTI DISTRIBUTING CO REPAIR & MAINT SUPPLIES PARK MAINT
45180 $858.00 NATHAN D BUCK OTHER CONTRACTED SERVICES SOFTBALL
45181 $1,506.69 NORCOSTCO OFFICE EQUIPMENT EP CITY CTR OPERATING COSTS
45182 $5.50 NORTHERN REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT
45183 $504.79 OFFICE MAX OFFICE EQUIPMENT EQUIPMENT MAINT
45184 $136.63 OPM INFORMATION SYSTEMS STATION IMPROVEMENTS COMMUNITY SERVICES
45185 $1,256.70 OUTDOOR ENVIRONMENTS INC MOWING STREET MAINT
45186 $51.98 PAPER WAREHOUSE OPERATING SUPPLIES-GENERAL PRESCHOOL PLAYGROUND
45187 $246.90 PARK NICOLLET CLINIC HEALTHSYS PROFESSIONAL SERVICES BENEFITS
45188 $111.75 PEPSI COLA COMPANY BEER 6/12 SKATING RINKS
45189 $27.00 PETER RISOTTO MEETING EXPENSES FINANCE DEPT
45190 $90.00 PETER SMITH OTHER CONTRACTED SERVICES VOLLEYBALL
45191 $922.76 PH WAREHOUSE SALES INC OPERATING SUPPLIES-GENERAL PARK MAINT
45192 $816.90 PINNACLE DISTRIBUTING MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1
• COUNCIL CHECK REGISTER TUE, AUG 27, 1996, 4:07 PM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
45193 $508.00 PITNEY BOWES INC CONTRACTED REPAIR & MAINT GENERAL
45194 $900.00 PLEHAL BLACKTOPPING INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINT
45195 $110.18 PLYMOUTH SUPPLY COMPANY OPERATING SUPPLIES-GENERAL MILLER PARK
45196 $142.78 PORTICO COMPUTERS II INC CONTRACTED REPAIR & MAINT COMMUNITY CENTER ADMIN
45197 $2,305.00 POWERTEX SPORTSWEAR INC CLOTHING & UNIFORMS SPORTS/SPECIAL CAMPS
45198 $59.95 PRAIRIE ELECTRIC COMPANY CONTRACTED BLDG REPAIRS PUBLIC WORKS/PARKS
45199 $206.05 PRAIRIE LAWN AND GARDEN REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT
45200 $420.04 PRAIRIE OFFSET PRINTING PRINTING STREET MAINT
45201 $105.00 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES ICE ARENA
45202 $101.33 PROCOLOR OPERATING SUPPLIES-GENERAL COMMUNITY SERVICES
45203 $107.86 QUALITY FLOW SYSTEMS INC EQUIPMENT PARTS SEWER LIFTSTATION
45204 $718.10 QUALITY WASTE CONTROL INC WASTE DISPOSAL PUBLIC WORKS/PARKS
45205 $16.80 RADIO SHACK CONTRACTED COMM MAINT POLICE
45206 $59.75 RESPOND SYSTEMS TRAINING SUPPLIES SAFETY
45207 $174.45 RICHARDS ASPHALT COMPANY PATCHING ASPHALT STREET MAINT
45208 $626.86 RICOH CORPORATION CONTRACTED REPAIR & MAINT GENERAL
45209 $8,513.35 RIEKE CARROLL MULLER ASSOCIATE PROFESSIONAL SERVICES CITY W PARKWAY SAME AS IC067
45210 $72.47 RITZ CAMERA OPERATING SUPPLIES-GENERAL TREE DISEASE
45211 $126.14 ROGERS SERVICE CO EQUIPMENT PARTS EQUIPMENT MAINT
45212 $165.83 S H BARTLETT CO INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
45213 $133.13 SAVOIE SUPPLY CO INC SEAL COATING CONTRACTED STREET MAINT
45214 $45.00 SCHMITT MUSIC CENTERS OPERATING SUPPLIES-GENERAL ART & MUSIC
45215 $87.00 SECURITY PRODUCTS CORP POLICE EQUIPMENT POLICE
45216 $525.49 SENSUS TECHNOLOGIES INC PROFESSIONAL SERVICES WATER METER REPAIR
45217 $31.20 SHIELY COMPANY REPAIR & MAINT SUPPLIES STORM DRAINAGE
45218 $994.65 SNAP-ON TOOLS REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT
45219 $130.39 SNYDER DRUG PHOTO SUPPLIES ASSESSING-ADM
45220 $7.22 SOUTHWEST CONTRACTORS SUPPLY OPERATING SUPPLIES-GENERAL TCD INVENTORY
45221 $1,104.48 SOUTHWEST SUBURBAN PUBLISHING LEGAL NOTICES PUBLISHING GENERAL
45222 $399.00 SPECIALTY TECHNICAL PUBLISHERS DUES & SUBSCRIPTIONS STORM DRAINAGE
45223 $2,007.41 SRF CONSULTING GROUP INC PROFESSIONAL SERVICES SCENIC HEIGHTS ROAD
45224 $788.10 ST JOSEPH EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINT
45225 $275.69 ST PAUL BOOK & STATIONERY OFFICE SUPPLIES HUMAN RESOURCES
45226 $37.96 STAR TRIBUNE MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3
45227 $60.00 STATE OF MINNESOTA LICENSES & TAXES WATER TREATMENT PLANT
45228 $474.39 STATE SUPPLY COMPANY REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT
45229 $26.60 STATE TREASURERS OFFICE DEPOSITS DRUG FORFEITURE
45230 $46.75 STREICHERS POLICE EQUIPMENT POLICE
45231 $1,600.00 SUBURBAN RATE AUTHORITY DUES & SUBSCRIPTIONS COUNCIL
45232 $777.75 SUPERIOR FORD CONTRACTED REPAIR & MAINT EQUIPMENT MAINT
45233 $1,922.01 TACTICS OTHER EQUIPMENT POLICE
45234 $432.00 TAMARA SCHLUTER OTHER CONTRACTED SERVICES VOLLEYBALL
45235 $50.00 TARGET SAFETY SUPPLIES SAFETY
45236 $33.28 THE SAUNDERS GROUP INC OPERATING SUPPLIES-GENERAL SAFETY
45237 $3,348.93 THE WORK CONNECTION OTHER CONTRACTED SERVICES PARK MAINT
45238 $206.77 TIE COMMUNICATIONS INC TELEPHONE GENERAL
45239 $96.06 TOLL GAS AND WELDING SUPPLY OPERATING SUPPLIES-GENERAL PARK MAINT
45240 $277.50 TRADUCCIONES TRANSLATION SERVI OTHER CONTRACTED SERVICES ACCESSIBILITY
45241 $14.47 TRIA MANN TELEPHONE ADAPTIVE RECREATION
45242 $26.36 TRIARCO OPERATING SUPPLIES-GENERAL ARTS CAMP
45243 $180.35 TURF SUPPLY COMPANY CHEMICALS MILLER PARK
45244 $600.00 TWIN CITY GARAGE DOOR CO CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT
45245 $921.26 TWIN CITY OXYGEN CO NEW CAR EQUIPMENT EQUIPMENT MAINT
45246 $747.32 UNIFORMS UNILIMITED CLOTHING & UNIFORMS FIRE
45247 $709.50 UNITED HEALTHCARE SERVICES INC EMPLOYEE ASSISTANCE BENEFITS
q
COUNCIL CHECK REGISTER TUE, AUG 27, 1996, 4:07 PM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
45248 $6,426.64 VAN WATERS & ROGERS INC CHEMICALS WATER TREATMENT PLANT
45249 $462.19 VESSCO INC EQUIPMENT PARTS WATER TREATMENT PLANT
45250 $172.40 VOSS LIGHTING REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
45251 $528.31 WARNING LIGHTS OF MINNESOTA SEAL COATING CONTRACTED STREET MAINT
45252 $78.54 WARREN GORHAM AND LAMONT DUES & SUBSCRIPTIONS WATER UTILITY-GEN
45253 $105.81 WASTE MANAGEMENT - SAVAGE WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1
45254 $13,607.88 WATERPRO SUPPLIES CORPORATION REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT
45256 $55.00 WBCS PRINTING HERITAGE PRESERVATION
45257 $150.00 WEATHER WATCH INC OTHER CONTRACTED SERVICES SNOW & ICE CONTROL
45258 $15,625.80 WESTWOOD PROFESSIONAL SERVICES PROFESSIONAL SERVICES VALLEY VIEW & CO RD 4
45259 $1,016.50 WILBUR W SCHULTZ BLDG REPAIR & MAINT WATER TREATMENT PLANT
45260 $550.00 YEH-MCGREW CONSTRUCTION INC CONTRACTED BLDG REPAIRS POLICE STATION
$1,319,156.74*
/0
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: September 3, 1996
SECTION: Ordinances& Resolutions
ITEM NO. V I / 6
DEPARTMENT: ITEM DESCRIPTION:
Resolution certifying proposed 1997 property tax levy,
Administration- C. Jullie accepting proposed 1997 budget, and setting date(s) for
Truth-in-Taxation hearing(s)
Requested Council Action:
It is recommended that the City Council adopt the resolution which:
1) Certifies the proposed 1997 net property tax levy to be $16,681,884;
2) Sets the "Truth-in-Taxation" public hearing for Wednesday, December 4, 1996 and,
if necessary, to reconvene the public hearing on Monday, December 16, 1996; and
3) Accepts the proposed 1997 budget of $23,543,181 as reviewed by the Council on
September 3, 1996.
Background:
Minnesota law and administration rules prescribe a detailed process for public notification and
participation in setting taxes and budgets of local governments.
Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor.
The final tax levy may not exceed the proposed amount. Failure to meet this deadline results in no net
tax levy increase from 1996 to 1997. Eden Prairie's 1996 net property tax levy was $14,922,910. At
the same time, the City Council must accept a proposed budget for the coming year.
The City must also set a date for the "Truth-in-Taxation" hearing and a date to reconvene it (if
necessary). These dates may not conflict with the initial and reconvened hearing dates set by Hennepin
County, school districts, or the metropolitan taxing districts. As all of them get to set their dates before
we do, there are a very limited number of dates available. The dates of December 4 and December 16
are the most workable ones for us to be within the schedule established by the Minnesota Department of
Revenue. The Council must adopt the tax levy and budget by December 20.
Attached Documents:
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, M NNESOTA
RESOLUTION NO.
A RESOLUTION ADOPTING THE CITY'S PROPOSED 1997 PROPERTY TAX LEVIES,
SETTING THE DATE(S)FOR THE "TRUTH-IN-TAXATION" HEARINGS,
AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND
TAX-SUPPORTED OBLIGATIONS FOR 1997
WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 1997 budget and tax
levies; and
WHEREAS, the City Council has decided to accept these recommendations at this time,
NOW, THEREFORE, BE IT RESOLVED, that the City Council:
1) Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 1997 Budget:
Net Levy on Tax Capacity(City) $16,226,884
Levy on Market Value 455.000
Total NET LEVY $16,681,884*
*The NET LEVY excludes $645,970 in Homestead and Agricultural Credit Aid [HACA], and$712,246 in distribution
from the Metropolitan Tax-Base Sharing Pool [Fiscal Disparities].
The proposed total net levy may not be exceeded when the City Council sets the fmal tax levy for 1997.
2) Sets the following dates for the "Truth-in-Taxation" public hearings on the proposed 1997 tax levy and budget:
Public Hearing: Wednesday, December 4, 1996
7:30 PM, Council Chambers
Eden Prairie City Center
8080 Mitchell Road
Reconvened Public Hearing: Wednesday, December 16, 1996
Same time and location
If the public hearing is completed and closed on December 4, the Council will consider action on the 1997 fmal tax levy
and budget at its regularly-scheduled meeting on December 19, 1995.
3) Accepts the 1997 proposed net levy of$16,681,884 and proposed budget totaling$23,543,181 at this time.
ADOPTED by the City Council on September 3, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: September 3, 1996
SECTION: Ordinances& Resolutions
ITEM NO. i 0
DEPARTMENT: ITEM DESCRIPTION:
Resolution certifying proposed 1997 local transit service tax
Administration- C. Jullie levy and setting date(s) for Truth-in-Taxation hearing(s)
Requested Council Action:
It is recommended that the City Council adopt the resolution which:
1) Certifies the proposed 1997 net local transit service tax levy to be $2,021,733;
2) Sets the "Truth-in-Taxation" public hearing for Wednesday, December 4, 1996 and,
if necessary, to reconvene the public hearing on Monday, December 16, 1996; and
Background:
On June 4, 1996 the City Council declared their intent to exercise the local transit tax levy option for
taxes payable in 1997. Certifying the amount to be levied is the next step in this process. In conjunction
with the City, this amount must be certified to the county auditor by September 15.
Attached Documents:
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION ADOPTING THE CITY'S PROPOSED 1997 LOCAL TRANSIT SERVICES TAX LEVY AND SETTING
THE DATE(S)FOR THE "TRUTH-IN-TAXATION" HEARINGS
WHEREAS, the City Council of the City of Eden Prairie has declared their intent to exercise the local transit tax levy option for
taxes payable in 1997 in the maximum amount permitted by Local Levy Option Act,
NOW, THEREFORE, BE IT RESOLVED, that the City Council:
1) Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for Local Transit
Service in 1977:
NET LEVY $2,021,733*
* The NET LEVY excludes $454,951 in Homestead and Agricultural Credit Aid [HACA].
The proposed Net Levy may not be exceeded when the City Council sets the fmal local transit service tax levy for 1997.
2) Sets the following dates for the "Truth-in-Taxation" public hearings on the proposed 1997 local transit service tax levy:
Public Hearing: Wednesday, December 4, 1996
7:30 PM, Council Chambers
Eden Prairie City Center
8080 Mitchell Road
Reconvened Public Hearing: Wednesday, December 16, 1996
Same time and location
If the public hearing is completed and closed on December 4, the Council will consider action on the 1997 fmal local
transit service tax levy at its regularly-scheduled meeting on December 19, 1995.
3) Accepts the 1997 proposed net levy of$2,021,733 at this time.
ADOPTED by the City Council on September 3, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/3/96 ��11
SECTION: Director of Parks, Recreation and Facilities ITEM NO.XLl.•
I
DEPARTMENT: Parks, ITEM DESCRIPTION: Tree Preservation Task Force Report
Recreation and Facilities
Robert A. Lambert
The information included in this memo is a result of fine tuning that was done by the Parks, Recreation and
Natural Resources Commission and Planning Commission over the last several months. The information
detailed in this report was reviewed by both commissions and passed with unanimous votes on to the City
Council. Members of the Task Force have been invited to the Council meeting to discuss any questions that
the Mayor or City Council may have related to the information included within this report.
The members of the Tree Task Force met during the spring and early summer of 1995 to discuss the Tree
Preservation Ordinance and to explore whether changes to the ordinance and definitions or interpretations
needed to be made. The Task Force spent considerable time discussing issues such as:
• the tree replacement bond amount
• the issue of preserving tree mass versus significant sized trees
• scenic and conservation easements versus outlot dedication
• the issue of new NURP standards and how it affected woodland areas
• what constitutes a significant tree
• how much tree mass is left within the City to be developed
• replacing trees lost to development with similar trees in mitigation
• education of developers and building contractors
• the tree mitigation formula and what impact changing the current formula would have on the amount of
replacement
• the issue of changing the current ordinance or adding various items to a supplemental policy
After several months discussion the Task Force realized that the Tree Preservation Ordinance was something
that the development lie community has accepted as a way of doing business in building in Eden Prairie, but
also is a way of helping them prepare a better project by evaluating the natural resources of their sites. The
largest point of contention by the developers represented on the Task Force was that.the. 150%bonding did 4,,,
seem to be excessive in light of other similar bond situations for amenities as sewer, water and street
construction. In addition, the time frame for which the bonds were held was greater than any other bonding
currently used associated with land development.
TASK FORCE RECOMMENDATIONS:
The Task Force voted to make the following changes in the ordinance:
• Under the definition of significant trees being deciduous trees 12 inches and greater in diameter,the two
deciduous trees, ironwood (Ostrya virginiana) and black cherry (Prunus serotina), eight inches in
diameter or greater would be listed as a significant tree.
• Loss of additional significant trees during development. Upon review of the overall project when its
nearing completion and ready for inspection,that a penalty of diameter inch replacement for diameter inch
of tree cut would be enforceable should the City staff discover significant trees were cut either by the
developer, or the builder. The fine associated with such removal would be to replace with an equal
number diameter inches of a comparable tree specie.
This issue would take into account the average loss on the site which would enable the developer to
possibly take a tree marked for saving on one lot, but save an additional tree in another area of the
development due to a change in house pad or utility locations. This will enable the staff to look at the
project as a whole to determine whether or not the tree loss is in line with that projected during the
project submission process.
• It was suggested that the amount of security of 150% of the estimated cost be held only until the time
of confirmed planting. Once the planting has occurred,the bond would be reduced to 100% of the actual
planting cost as estimated by the developer.
This item recommendation comes from the experience that in only one case has the City needed to cash
a bond. In most cases the average tree loss on a project is only 15-25% at the maximum. By retaining
100%of the bonding costs the staff would still have the latitude to cash a bond to replace any trees that
the developer either was unable to or declined to replace.
POLICY ISSUES:
The Task Force felt strongly about making these changes to the ordinance. However, the City Attorney felt
that changes to the ordinance might make it subject to challenge in court, suggested that several issues be
formulated into a policy to see how they work. The issues the Task Force recommends to be formulated into
a policy are as follows:
• Tree replacement with similar species.
The Task Force felt strongly that similar trees should be used to make up the majority of tree
replacement. However, they also understood the desirability to have year round color from coniferous
material. Also,the screening of parking lots and other amenities that could only be accomplished using
coniferous material. The desire was to suggest that when developing a project within a deciduous tree
area that the developer try to use as much native material as possible for mitigation of trees lost due to
development.
• Tree mass-The issue of tree mass should come into discussion whenever it is apparent that it is desirable
to buffer adjacent areas from a zoning change or change in density of the number of housing units per
acre.
The committee realized that in some cases saving masses of trees was just as important to the
surrounding neighbors as were the few large significant trees in the center of a nroiect. The intent of the
• Save/preserve tree areas of natural significance.
The Task Force discussed the issue of finding areas of remnant pieces of big woods that should be set
aside or protected from extensive tree cutting in conjunction with development. The Task Force was
concerned that there may be woodland areas currently unknown to the staff or other individuals that may
have large significant trees growing on them. The decision was not to set those aside as scenic
conservation areas but to carefully guide the type of development that took place within those areas. The
goal was to minimize the loss of large significant trees.
• Exceptional Tree Policy
Generally through the review process a staff member, a commissioner or a neighbor, will raise the issue
about saving a particularly large tree, or one that has some type of historical significance. Staff would
recommend that the mayor, council person or commissioners, (such as Parks, Planning, or Historic
Preservation Commission members) could nominate a tree for Exceptional Tree designation. Trees that
are nominated would be evaluated by the City Forester on the following criteria.
1. The tree is demonstrated to have an association with a documented historical event or is located on
a historical site.
2. The tree has an unusually high aesthetic value.
3. The tree is of unique character because of its age, species, variety, location, or because of the size
and development of its crown, trunk, or main stem.
4. The tree is free of disease, pests or other serious injuries.
5. The tree has a life expectancy of more than ten years.
6. The tree is free from structural defects which would present a hazard to the public.
A tree would be evaluated to see if it met any of the first three criteria. If it did and also met two or
three of the health criteria the recommendation to protect it would be forwarded to the Commissions,
Mayor and City Council. The Mayor and City Council would have the final vote as to whether or not
a tree should be classified as an Exceptional Tree. Upon such designation, the tree would be protected
from land clearing activities and be given proper open space to insure its health. In addition, a scenic
and conservation easement could be placed over the area to protect the tree from cutting or damage from
grading or installation of utilities.
SUBSEQUENT TREE RELATED ISSUES - "INFILL PROJECTS:
Since the Task Force discussed the ordinance and the above outlined items, there have been a couple of
housing projects that have come in for review in which the land being developed is known as an "infill
project." These projects are ones that occur within an already developed area. Because of the nature of these
particular projects they tend to be small in acreage and involve property that can range from totally wooded
to being totally void of any trees. Most of these projects range in size from one to four acres in size. If there
are trees or tree mass present on the site, it represents a rather significant issue during the review process.
The tree loss percentage seems to increase from the current average of 30-35% loss of significant trees to
a loss percentage of 45-60%.
The Tree Task Force recommended that the City staff continue to work closely with all prospective
developers when this issue of"tree mass" is evident. The goal is to encourage the protection of tree mass
where it provides buffing needed between zoning changes or large unit density differences.
RECOMMENDATION:
The staff would recommend that the City Council approve the Task Force recommendations as outlined in
this memo.
Attachments: Memorandum Dated March 14, 1996 from Stuart A. Fox
PRNRC Minutes - March 18, 1996
Planning Commission Minutes - July 22, 1996
TreeTask.memo
4
MEMORANDUM
TO: Tree Preservation Task Force
Parks, Recreation and Natural Resources Commission
Planning Commission
Mayor and City Council
FROM: Stuart A. Fox,M nager of Parks and Natural Resources
DATE: March 14, 1996
SUBJECT: Eden Prairie's Tree Preservation Ordinance - History and Explanations
The Tree Preservation Task Force in its discussions related to refinements or changes in the current
Tree Preservation Ordinance thought that it would be helpful to perhaps have an overview of the
ordinance that would be easy for people to look at and perhaps get the highlights of what is behind
current Tree Preservation Ordinance. The best way to really look at the reason for development of
the ordinance is found in the introductory paragraph that explains the primary reason for
development and enforcement of the Tree Ordinance.
It is hereby found that tree removal, damage, and destruction are now, and for some
time has been,occurring in certain areas within the City. Such acts tend to endanger
the natural character of the land from which the trees have been removed and
surrounding lands, and to diminish and impair the public health, safety, and general
welfare. The Council desires to protect the integrity of the natural environment and
finds that trees do so by providing for better air quality, scenic beauty, protection
against wind and water erosion, and natural insulation for energy preservation.
Further, the council finds that trees protect privacy and provide enhancement of
property values. It is, therefore, the further purpose of this Section to provide
regulations relating to the cutting, removal or killing of trees, with the consequent
damage and destruction of the wooded and forested areas of the City,to promote the
orderly development of such areas and thereby minimize public and private losses;
to ensure maintenance of the natural vegetation and topography; to encourage
protection and preservation of the natural environment and beauty of the City; to
encourage a resourceful and prudent approach to urban development of wooded
areas which provides for minimal tree loss and mitigation of tree removal resulting
from development; to provide an objective method to evaluate a development's
impact on trees and wooded areas and identify whether and how the impact may be
reduced; to provide incentive for creative land use and good site design which
preserves trees while allowing development in wooded areas with mitigation of tree
removal and destruction; and to provide for enforcement and administration thereby
promoting and protecting the public health, safety and welfare.
The Tree Preservation Ordinance was adopted in 1990 following four years of usage, modifications,
and discussion about the Tree Preservation Policy adopted in June of 19,96. It was from 1986 to
1990 that the staff met with several groups of individuals representing builders and developers
within the community to evaluate the Tree Preservation Policy and make modifications and work
the policy into ordinance form.
The Tree Preservation Task Force suggested that perhaps the easiest way to give an explanation and
endorsement for the Tree Preservation Ordinance was to take a look at a series of questions and
answers which, hopefully, will explain the ordinance in laymen terms, so that everyone can
understand it better.
• What prompted the development of the ordinance/policy?
A. During the rapid growth within the City during the late 70's and early 80's, the staff and
elected officials of the City often heard from neighborhood groups, as well as individuals
who were concerned about the loss of the tree cover when housing projects and other
development took place in the vicinity of their homes. The staff was directed by the
City Council to take a look at various ways of measuring tree lost in a way that would
determine whether or not the perceptions related to tree loss were accurate or not.
• How does the ordinance work?
A: In the simplest form the ordinance requires a developer to inventory all deciduous trees 12"
in diameter or coniferous trees 8" in diameter and place their location on the base map. By
utilizing this tree information the developer can layout roadways, house pads, and other
amenities knowing not only the topography of the property, but also where the major trees
are located.
In addition, the Tree Preservation Ordinance includes land alteration language which
prohibits the cutting or clearing of more than 10% of the significant trees from any land
within a period of five years. This clause is intended to ensure that property owners do not
clear all the trees from their land prior to bringing forth a development proposal for review
by the City staff, Commissions and Council.
• Will it save all trees?
A: The intent of the Tree Preservation Ordinance is only to guide the development of any given
land within the City. In order to save all trees the land would have to be purchased and set
aside as a piece of City property and remain untouched. The ordinance is better defined as
a tree protection ordinance that places high value on large diameter trees.
When dealing with a dynamic organism such as living trees, one has to remember that trees
do grow, mature, die, and are subject to disease, insect infestation, and storm damage.
(0
• What is the "average " loss of trees in a woodland area?
A: One will often hear the staff talk about an average tree loss for developed areas of 30-35%.
This is really a composite of nearly 100 projects that have undergone review using the Tree
Preservation Ordinance.
When taking a look at various models in the beginning, the staff discovered that with a
typical wood lot it would require removal of approximately 15%of the tree mass to develop
the roadway system to get into the neighborhood. Also, included in this development would
be the installation of underground utilities and curb and gutter. Approximately 15%of the
remaining trees would be impacted by either the building of the house itself(the building
pad area) or the installation of the driveway and connection of the utilities from the street
to the home site.
The issue of average losses is complicated by the fact that wood lots vary in density and
shape. When a development is reviewed, it is very seldom that the entire site is covered
100% by tree cover. In many cases, it is a mix of open land, brush areas, wetlands, and
trees. Further complicating the site is the proposed type of development whether it is multi-
family, single family, or commercial development. Each has its own significant set of
circumstances, including densities, parking areas required, size of the building pad, etc.
"Average" loss is dependent on the composition of the site.
• Has it saved trees?
• A: The staff feels that the Tree Preservation Ordinance probably has saved significant trees in
the City by guiding the type of development and the density of development that took place
in woodland areas. The staff also believes that it has resulted in a higher quality home
product by the builder since buyers of homes seem to be prefer yards with mature trees,
rather than open lawns where young trees are planted and need several years to grow.
Woodland development also results in reduction of air conditioner costs, stabilized soils
especially in steep areas, and reduction of wind adjacent to homes.
Also,the issue of tree preservation has brought to light the importance of saving treed areas
where grading is not necessary on the site. By having a complete inventory of the trees
transposed onto the topographic information, Developers have stated that they feel they end
up with a better estimation of grading costs and are able to save more trees. It has often
been asked "why should I pay to take down trees when they are an asset to my
development."
• Is the mitigation for tree loss through replacement trees significant?
A: The formula that's used to mitigate tree loss is one that is based on a sliding scale which
steepens to 100%replacement at 75%loss of significant trees on a site. The number of trees
that are replaced certainly does not replicate or match the number of diameter inches of trees
that are lost due to construction; however, it would be nearly impossible to replace trees on
a diameter inch basis. The primary reason is that a single 18" diameter tree in that type of
formula would require the planting of six-3" diameter trees and you would run out of
physical space for the tree mitigation.
The ordinance recommends that trees planted for mitigation be put into outlots, backyards,
and screening situations. There has been some concern by the Tree Preservation Task Force
that not enough trees get planted; however, from the staff's observation many homeowners
plant trees above and beyond that which the developer plants. The result is that not only do
the outlots,backyards and entrance ways become landscaped due to tree mitigation planting,
but numerous varieties of ornamental and shade trees are chosen by homeowner's and
planted in their neighborhoods creating a very diverse urban forest landscape.
• What does the tree replacement formula mean?
A: [A/BxC] xA = D
A=total diameter inches of significant trees lost as a result of land alteration (development).
B =total diameter inches of significant trees on the land.
C =tree replacement constant = 1.33
D = number of total caliper inches of replacement needed to be planted.
In its simplest explanation, the replacement of trees removed due to land alteration will be done
on a sliding scale. The tree constant 1.33 means that at a 2/3 rds loss of trees a wooded area no
longer has the"look" of a wooded area. This was determined by reviewing various projects that
impacted wooded areas prior to 1985.
The goal of mitigation for tree loss was to—
• encourage prudent development
• assist/provide understory trees that would close gaps in the forest canopy created by
development
• take the responsibility of planting new trees off the owner and make it part of the
development costs
• Scenic and Conservation Easements - Do they preserve trees?
A: The use of scenic and conservation easements has a mixed response when staff talks to
property owners. Many of the property owners who have scenic easements to preserve trees
in their backyards understand the intent and applaud the effort to save trees. However, there
are several property owners that feel that this it unduly infringes on their property rights
making it impossible for them to use their backyard as they would desire.
The place where scenic and conservation easements work well is where they are clearly
marked with above grade markers and that the sales staff points this particular situation out
to the potential buyer prior to home purchase. Where it becomes more difficult is second
and third generation buyers, the scenic and conservation easement may or may not be
divulged during the title search process.
Where scenic and conservation easements work best is where the natural terrain-slope of the
land makes it very difficult for any type of development. Most property owners who live
in these areas understand that removal of any vegetation could result in extreme erosion and
loss of their property due to runoff.
In general, scenic and conservation easements probably save more trees during the initial
development of the individual housing projects but become difficult to administratively track
once property owners decide to change something in the easement area. This is not to say
they don't have merit; however, it does put the staff in an awkward position of trying to
explain, sometimes many years later, why a particular area had such significant status so as
to be set aside from any type of human modification.
• Why do trees die that were supposed to be saved during construction?
A: The staff in making its initial assessment of any development project feels that the majority
of trees located in front yards will be lost due to construction damage. This is based on over
20 years of staff experience in dealing with housing construction and tree issues. The
primary reason for tree loss in front yards is due to soil compaction. This occurs when the
various trades people working on the house park vehicles in the front yard area and compact
the air space out of the soil making it similar in consistency to concrete or asphalt. This
combined with underground trenching associated with utilities and the installation of water
and sewer to the homes results in significant loss of roots of trees in front yard areas.
Several developers have worked with various utility companies to try and put utilities to the
side of the lot or to install them underneath the driveway.
Many times staff makes recommendations to builders and developers to remove certain trees
prior to construction of homes;however,the desire is to leave the significant tree in the front
yard because it increases the"saleableness" or aesthetic presence of the home. The staff has
gone out numerous times two to four years after construction to consult with homeowners'
whose trees have either been declining or have died. With the advent of exclusionary
fencing this problem seems to have been reduced. Therefore, the staff in most situations
will recommend that if a particular tree or group of trees in a front yard is desired to be
saved that exclusionary fencing be installed prior to any grading and be maintained
throughout the construction process. This puts up a visual barrier not only for the immediate
grading contractor, but also for those individuals working on the home finishing.
9
The staff feels that as more and more developments have undergone scrutiny of the Tree
Preservation Ordinance and its guidelines the tree loss due to construction damage has
certainly improved. The staff is planning on putting together an information brochure for
anyone interested in techniques for giving trees proper protection during construction and
this should be developed within the couple of months.
• Does Eden Prairie have fewer trees in it today due to the great amount of construction?
A: The staff have noticed a significant increase in the tree cover due to the extensive planting
that has taken place in many new subdivisions. A lot of the subdivisions during the 70's took
place in farm lot areas where there were very small woodland areas and very large open
pasture lands. This influx of trees into the community has "closed the canopy" of the tree
cover present within the City. This is certainly a positive when viewed in conjunction with
the tree planting that goes on with mitigation of woodland development.
• What issues complicate saving or preserving trees?
• A. With all the new guidelines regulating wetland infringement and the need to treat storm
water through NURP ponds, it has become difficult to balance the issues of tree loss and all
the other regulations that are imposed upon developers. This is further complicated with
"infill" projects that take place on five acre tracks that were formerly large lot single family
residential areas. As these issues come forward, it will become more apparent that
discussion and compromise may be necessary for prudent development of these difficult
areas. In addition, the expansion of the MUSA line into the southwest area will open up
areas of the City where the steep slopes of Riley Creek will become one additional issue in
the evaluation of development review.
The staff feels that in the ten years since the Tree Preservation Ordinance was first
introduced as a policy the City has seen very prudent development of woodland areas
because of this ordinance. It has helped City staff and developers to evaluate all the natural
resource factors when reviewing the proposed new development. Overall the education of
developers and builders has been successful and enabled them to produce a more attractive
saleable product. Hopefully, with the recommendation of the Tree Preservation Task Force
a few minor improvements and changes can be implemented to fine tune the effectiveness
of the Tree Preservation Ordinance.
SAF:mdd
March 14.memo
10
Parks, Recreation and Natural Resources Commission
Approved Minutes - Monday, March 18, 1996
B. 1996 Commission Work Plan and Five-Year CIP Update
To be continued at the next meeting because of absent Commissioners.
VII. NEW BUSINESS
A. Shoreland Management Ordinance Revisions
Staff referred the Commission to a memo dated March 14, 1996, from Stuart
A. Fox, Manager of Parks and Natural Resources.
Fox noted this is a comparison between the State Shoreland and the City
Code. There are some areas where the City has stricter stands than the DNR
does. The review of this document has been going on since 1989 and this is
the final product.
MOTION: Brown moved, seconded by Koenig to approve the Shoreland
Management Code as per the Staff recommendations. Motion carried 4-0.
B. Tree Preservation Ordinance
Staff referred the Commission to a memo dated March 14, 1996, from Stuart
A. Fox, Manager of Parks and Natural Resources.
Fox reviewed the recommendations as outlined in the memo. One of the
recommendations is to make the change in the ordinance under the definition
of significant trees being deciduous trees 12 inches and greater in diameter,
the two deciduous trees, ironwood and black cherry. Eight inches in
diameter or greater would be listed as a significant tree.
The recommendation was to drop the diameter down to eight inches and it
would show up on the inventory and be counted in the overall calculations.
(Dick Brown excused himself from the meeting at 9:30 p.m.)
Lambert noted this item will be continued until the next meeting.
VIII. REPORTS OF COMMISSIONERS AND STAFF
A. Reports of Director of Parks. Recreation and Facilities
1. Report on Meeting with Athletic Association Presidents Re: ADA
Responsibilities
/1
PARKS,RECREATION AND NATURAL
RESOURCES COMMISSION
April 1, 1996
Page 5
the public needs to understand regarding how these programs are operated.
2. Develop a plan to address safety guideline deficiencies with each
playground site in the community. The plan should include the funding
source and time line for completion.
3. Develop a survey instrument to evaluate existing and future recreation
program needs for Eden Prairie residents, specifically to help staff
determine what residents perceive as their highest valued programs. Also,
to provide direction in determining the City's role in providing continuous
program care for children when school is out, and the types of programs
and services the City should be planning to provide for the elderly.
4. Update the Capital Improvement Plan regarding the final land acquisition
schedule, as well as the schedule for completing development of the final
three neighborhood parks.
5. Begin the Oak Point pool operation in June of 1996. Work with the
School District and the Foxjet Swim Club on developing a use schedule.
6. Develop a comprehensive management plan to protect the various
resources in each of the City's conservation areas.
7. The Commission shall work toward completion of the eight projects
scheduled for completion in 1996.
Motion carried 5-0.
B. Tree Preservation Ordinance (Continued from March 18)
Fox reviewed the Tree Preservation Ordinance which was continued from the
March 18th meeting and the proposed changes to the ordinance and the policies.
He noted that the ordinance, as written, seemed to be working quite well and there
was not a great deal which needed to be changed. He believed it should be
referred to as a tree protection ordinance not a tree preservation ordinance as it
was intended to provided for tree replacement after development and people
assumed that it meant it was to protect existing trees, which it was not always
possible to do. He noted that there were more trees in Eden Prairie now than
there were 100 years ago, and he believed mitigation was the key to restoring the
land. Discussion ensued regarding provisions included in the task force
recommendations.
Brown stated that he thought the Commission should ask the City Attorney to
look into what it would take to create a law requiring title companies to record
conservation easements or scenic easements on the titles of property when it is
PARKS,RECREATION AND NATURAL
RESOURCES COMMISSION
April 1, 1996
Page 6
sold so that new owners are made aware of them. Fox responded that the
easements are recorded as drainage and utility easements and they do appear on
titles, but the biggest problem staff had with that was they will have to explain to
the residents who purchase these properties what is involved in the scenic and
conservation easements and that no modifications to the land can be made within
those boundaries. He was concerned about the future when the reason for the
easement might no longer exist, and referred to several instances where the
easements had been based on incorrect data and had not been field-verified before
they were filed,and now they have to be corrected or removed because they are no
longer. Much of the information gets lost in past history.
MOTION: Brown moved, Koenig seconded, to ask the City Attorney to see what
the City could do to enforce a requirement that the scenic and conservation
easements appear on the title of properties which are affected. Motion carried 5-
0.
VII. NEW BUSINESS
A. None.
VIII. ADJOURNMENT
MOTION: Wilson moved, Jacobson seconded, to adjourn the meeting. Motion carried
5-0. The meeting was adjourned at 8:52 p.m.
APPROVED MINUTES
CITY OF EDEN PRAIRIE PLANNING COMMISSION
MONDAY, AUGUST 12, 1996 7:30 PM, CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Kenneth E. Clinton, Randy Foote, Bill
Habicht,Ismail Ismail, Katherine Kardell,
Douglas Sandstad, Mary Jane Wissner
STAFF MEMBERS: Mike Franzen, City Planner, Scott Kipp,
Senior Planner, and Barbara Anderson,
City Recorder
I. PLEDGE OF ALLEGIANCE -ROLL CALL
Chair Clinton called the meeting to order at 7:00 p.m. Commissioner Kardell was excused.
II. APPROVAL OF AGENDA
MOTION: Wissner moved, seconded by Foote,to approve the agenda as published. Motion
carried 6-0.
III. APPROVAL OF MINUTES
Wissner noted a correction on page 6,paragraph 5,to read,"wooden siding"instead of roofs.
MOTION: Foote moved, seconded by Habicht,to approve the Minutes of Monday, July 23,
1996 Planning Commission Meeting as amended. Motion carried 5-0-1. Ismail abstained.
IV. PUBLIC HEARINGS
A. TREE COMMITTEE RESULTS
Franzen reviewed the changes to the Tree Ordinance which were recommended by
the Planning Commission. Fox described the process that the task force undertook
to arrive at the present point in the process. They considered two things; one was
changes to the ordinance itself and the other was changes to the policy. The Tree
Ordinance has been in place for six years and the City Attorney does not want to
make some of these changes into ordinance amendments until they have been tested
as a policy for a period of time.
Sandstad commented he was not an expert in identifying trees but he would like to
know where the line was to be drawn regarding the bulldozing of native trees that
may be worth preserving. He thought perhaps trees that exceeded 36 in diameter in
1q
PLANNING COMMISSION MINUTES
Monday, August 12, 1996
Page 2
species such as oak,hickory and perhaps even large cottonwood trees may be worth
preserving. Fox listed a number of species that are indigenous to Minnesota and
stated he could develop a list of specific species and diameters that would be
considered worth preserving in a policy to encourage developers to save these trees.
He will be making a list of 10-14 species of a specific size to be included in the policy,
and this will be given to developers early in the process to encourage them to leave
those trees that are worth preserving when they design their projects. Habicht
commented he believed this list should be included in the policy. Ismail asked if there
was a preliminary report on the work that was done over the last seven months. Fox
responded that they found the ordinance was working very well and they made some
changes regarding specific types and sizes of trees to be included. They also changed
the bonding requirements, and amended the policy to deal with mass tree loss in
neighborhoods and to encourage developers to use existing tree mass as a screening
tool between developments. The policy will also permit only a certain percentage of
tree loss to occur on a given site. The Planning Commission requested staff to
provide them with a list of these tree types and diameters at the next meeting.
B. STARING LAKE TOWNHOMES- PHASE II by Pulte Master Builders. Request
for Comprehensive Guide Plan Change from Low Density, Medium Density, and High
Density Residential and Office to Medium Density Residential on 35.57 acres,
Planned Unit Development Concept Review of 35.57 acres, Planned Unit
Development District Review on 35.57 acres, Rezoning from Rural to RM-6.5 on
35.57 acres, Site Plan Review on 35.57 acres, and Preliminary Plat of 35.57 acres into
196 lots and 2 outlots. Location: Anderson Lakes Parkway and HWY.. 169.
Franzen introduced Gary Grant, Pulte Master Builders, who reviewed the changes
requested by the City Council. Ron Bastyr reviewed the changes in the site plans.
They created smaller neighborhoods using cul-de-sacs rather than the linear style of
larger neighborhoods which was originally proposed. The NURP pond is in the same
location as before.
Foote inquired if the density was about the same as before, and Grant responded
affirmatively. Sandstad asked about the tot lots and where they were located. Bastyr
indicated the three areas where they will be located and described the pedestrian trails
which will connect them. Wissner inquired what equipment would be placed on a tot
lot and Grant responded that there will be some type of playground equipment on
each of them but they have to meet with staff to determine exactly what will be on
them.
Ismail inquired about the traffic going in and out of the project, and noted the access
was only onto Columbine Road. Grant responded that was done by direction of the
City Council.
Franzen reviewed the staff report and noted that the Parks, Recreation and Natural
Resources Department has standard types of equipment that is regularly installed on
tot lots and the staff will meet with the developers to determine exactly what types of
Planning Commission
Monday, July 22, 1996
A. Tree Committee Results
Franzen reviewed the changes that were recommended by the committee.
There were members from the Planning Commission, Park and Recreation
Commission,developers, and City Staff who were on the committee. It took
a lot of work between the public and the private sector to reach a consensus.
Discussion continued regarding the tree mass policy. At past meetings
comments were made from the audience that the City spends a lot of time
looking at significant trees that are 12 inches in diameter and forgetting about
all the smaller trees that might make up actual tree mass of the property that's
important to preserve. The committee realized that in some cases saving
masses of trees was just as important to the surrounding neighbors as were the
few large significant trees in the center of a project. The committee
recommended that the City Staff continue to work closely with all prospective
developers when this issue of tree mass is evident. The goal is to encourage
the protection of tree mass where it provides buffing needed between zoning
changes or density differences.
Sandstad was concerned about the distinction between what is policy and
what is ordinance. He suggested discussing the individual trees that are
significant from an historical standpoint. He was concerned about a 40 foot
tree being cut down and doesn't want to see trees cut down unless there is a
very good reason.
Franzen commented that they are not at the point where they have prepared
an ordinance for a public hearing. The recommendation of the committee are
proposed changes to the ordinance until they receive the recommendation
from the Planning Commission and Parks and Recreation Commission as to
what direction to go.
Sandstad suggested that on page 3, an additional bullet should be...
save/designate/preserve individual significant trees or small number of trees
that may have a community historical basis due to their age or uniqueness.
Habicht commented that there has to be some standard less than significant
but more than underbrush when determining tree mass.
Foote noted that you can't save an area of brush and call it tree mass. It has
to be somewhat significant.
1(0
Planning Commission
Monday, July 22, 1996
The Commission suggested another meeting regarding the tree ordinance to
be scheduled on the 12th.
IX. ADJOURNMENT
MOTION: Wissner moved, Sandstad seconded, to adjourn the meeting. Motion
carried 6-0. The meeting adjourned at 9:10 p.m.
=M\
AGENDA
JOINT CITY COUNCIL/FLYING CLOUD AIRPORT
ADVISORY COMMISSION
TUESDAY, SEPTEMBER 17, 1996 6:30 PM, CITY CENTER
Heritage Room IV
8080 Mitchell Road
COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock,
Ronald Case, Ross Thorfinnson, Jr., and
Nancy Tyra-Lukens
COMMISSION MEMBERS: Carlo Amato, Kent Barker, Marge
Bundgaard, Tom Heffelfinger, Rob
Kilpatrick, Alan Nitchman, Gary Schmidt
COUNCIL/COMMISSION STAFF: City Manager Carl J. Jullie, Assistant
City Manager Chris Enger, Senior
Planner Scott Kipp, and Recording
Secretary Jan Nelson
ROLL CALL
I. INTRODUCTIONS
II. PRESENTATION/STATUS OF WORK PLAN
A. 1995 Noise Monitoring Summary
B. Noise Abatement Program Implementation
C. FCM Design Framework Manual
III. IDENTIFICATION OF ISSUES REQUIRING CITY COUNCIL INPUT
A. EIS Status
B. Ordinance No. 51
IV. CITY COUNCIL FEEDBACK AND DIRECTION
VI. ADJOURNMENT