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HomeMy WebLinkAboutCity Council - 09/17/1996AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 17,1996 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. Jullle, 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 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/TOLL ROAD MEETING HELD TUESDAY, AUGUST 27,1996 B. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, SEPTEMBER 3, 1996 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 3,1996 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. FRASER HOMES LOT DIVISION -APPROVE MINOR SUBDIVISION AT 8751,8761 & 8771 PRESERVE BOULEVARD C. REQUEST FROM EDEN PRAIRIE FIRE RELIEF ASSOCIATION FOR COUNCIL APPROVAL OF BY-LAW CHANGE City Council Agenda Tuesday, September 17,1996 Page Two D. LIL'RED GAS PUMPS by Hiawatha Marketing, Inc. Adoption of a Resolution for Site Plan Review on 1.49 acres and Approval of a Developer's Agreement for Lil' Red Gas Pumps. Location: Southeast corner of Valley View Road and County Road 4. (Resolution for Site Plan Review) E. DEN ROAD COMMERCIAL CENTER by City of Eden Prairie. 2nd Reading of an Ordinance for Zoning District Change from C-HWY to C-REG-SER on 1.76 acres. Location: Den Road and West 78th Street. (Ordinance for Zoning District Change) F. RESEARCH ADDITION by Research, Inc. 2nd Reading of an Ordinance for Planned Unit Development District Review on 26.1 acres and Zoning District Amendment in the I-S Zoning District on 26.1 acres and Adoption of a Site Plan Review on 26.1 acres. Location: Flying Cloud Drive. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) G. STARING LAKE TOWNHOUSES PHASE II by Pulte Homes. 2nd Reading of an Ordinance for Planned Unit Development District Review on 3S.S8 acres and Rezoning from Rural to RM-6.S on 3S.58 acres and Adoption of a Site Plan Review on 3S.S8 acres. Location: Anderson Lakes Parkway (Ordinance for PUD District Review and Rezoning and Resolution for Site Plan Review) H. RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND I. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE J. RESOLUTION APPROVING FINAL PLAT FOR FRASER CHARLSON (located south of Pioneer Trail and east of Yorkshire Circle) K. RESOLUTION APPROVING FINAL PLAT FOR MITCHELL VILLAGE 1 ST ADDITION (located at the southeast corner of Mitchell Road and Anderson Lakes Parkway) City Council Agenda Tuesday, September 17,1996 Page Three L. APPROVE BIDS FOR PHEASANT WOODS PLAY STRUCTURE V. PUBLIC HEARINGS/MEETINGS A. TIRES PLUS by Tires Plus. Request for PUD Concept Review on 19 acres, PUD District Review on 1.15 acres, Zoning District Amendment in the Commercial Regional Service District on 1.15 acres and Site Plan Review on 1.15 acres. Location: Eden Road and Glen Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) B. EDEN HILLS TOWN HOMES by Zachman Development Corporation. Request for Zoning District Change from Rural to RM- 6.5 on 5.18 acres, Site Plan Review on 5.18 acres and Preliminary Plat of 5.18 acres into 21 lots and road right-of-way. Location: Franlo Road, west of Eden Commons Apartments, south of Lund's Center. (Ordinance for Zoning Change, Resolution for Preliminary Plat) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. RECEIVE 100% PETITION. ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS. I.C. 96-5425 (Resolution) IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER City Council Agenda Tuesday, September 17,1996 Page Four C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES 1. Mighty Ducks Grant Proposal for Community Center Ice Arena Renovations D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Increase Income Limits for the Housing Rehab Program E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUFSDAY, AUGUST 27, 1996 CITY COUNCIL TOLL ROAD TOWN MEETING COUNCILMEMBERS: CITY COUNCIL STAFF: I. FORMAT AND RULES OF ORDER 7:00 p.m. CITY CENTER Council Chambers 8080 Mitchell Road Mayor Jean Harris, Council members Ronald Case, Patricia Pidcock, Ross Thorfinnson, and Nancy Tyra-Lukens City Manager Carl Jullie, Assistant City Manager Chris Enger, City Attorney Roger Pauly, Director of Public Works Gene Dietz, City Engineer Al Gray, and Recording Secretary Barbara Anderson The meeting began at 7:04 p.m. Mayor Harris reviewed the format for the meeting, which included a presentation by the developers including Interwest and MnDOT, which will be followed by public input. The meeting would be adjourned promptly at 9: 15 p.m. The vote on this issue will be the first item on the agenda at the regular City Council Meeting which will be held on September 3, 1996. The public may submit written comments through Friday, August 30, 1996. She requested everyone to keep comments brief to allow everyone who wished to speak time to be heard. A three minute maximum would be required. II. PRESENTATION BY DEVEWPERS Bob Lindahl, a member of the Community Highway Association and a member of the Chaska City Council for the past 18 years, and President of the SW Metropolitan Highway Commission, stated these organizations have worked together to achieve goals. He discussed the history of working with government to get things done on behalf of the region. They tried to get the gas tax increased to keep Highway 212 a viable project, but there was no funding at MnDOT to get the Environmental Impact Statement done so the Metropolitan Council made it possible. This was also done with Highway 5. There is no divided farm to market roadway that has the ability to handle the truck traffic that is presently on existing roadways. Traffic has greatly increased over the past six years and even if Highway 5 and Highway 212 were upgraded there was still a need for the major four-lane highway to handle the truck traffic. Federal funding is not available and MnDOT does not have the funds either. There is the need for the road and the toll road proposal is a way to get it built without having to wait until 2015. That alternative financing should be considered and evaluated. They have done a feasibility study by Wilbur Smith Associates who are a part of their team. One of the beauties of this proposal is that no one who doesn't want to use the toll road has to because they can continue to use the existing roadways just as they do presently. He discussed the project proposal and reviewed the way in which it would work. The toll orad will enable the project to be constructed as a larger project and the costs of inflation I CITY COUNCIL MINUTES TOLL ROAD PUBLIC MEETING August 27, 1996 Page 2 will not have to be incurred as they would be if the road is built in 2015. The costs for the additional right-of-way will increase significantly which is another reason to build the roadway now. There is no risk to the State and local bond holders in the event of default as the management company would simply take over and operate the road as before. Excess funds which will eventually be generated by the toll road will be used for other local transportation projects or to prepay the bonds. All will benefit because there will be less congestion on the existing roadways. Toll road traffic is projected to be diverted from Highway 5 in significant numbers which will make transportation through this entire area much better for everyone. These areas are incurring very rapid growth and the toll road is a way to achieve a better transportation system for the Southwestern Metropolitan area and it has been endorsed by all the communities which are affected and/or impacted. On page 3 of the Development Agreement between MnDOT and Interwest there is specific language prohibiting tolls from being collected on T.H. 5 from 1-494 and at the intersection ofT.H. 5 and Wallace Road. He reviewed the funds which have been spend in Eden Prairie for right-of-way and those that have been spent along the route which will be wasted if the roadway is not constructed. He discussed the non-competition provision which prohibits the construction of additional lanes on a highway within the area which he illustrated on a graphic. The agreement allows MnDOT to expand Highway 5 to four lanes. MnDOT has been negotiating the turnback of Highway 101 to Hennepin and Carver Counties because of the lack of funds for proper maintenance. There will be an in-depth feasibility study which will be completed on January 30, 1997. The issues which will be dealt with include the issue of marketability of the bonds. There will be further refinement of the design, negotiation of construction contracts and acquisition of remaining right-of-way. This has not been done because until they are assured that the road will be approved they did not want to incur the expense of the study. Interwest and MnDOT will be involved during the initial phases and then it will be managed by the association. Darrell Burkowitz discussed the toll facility which will be located adjacent to the Kindergarten Center. This toll facility is approximately 1,800 feet from the center, which translates to 113 mile. Lindahl stated that the main toll facility is proposed to be located between Highway 41 and Powers Boulevard in Chanhassen, and is not within the City boundaries of Eden Prairie. There will be metered ramps from Dell Road and also on Eden Prairie Road. The traffic which is projected to exit on Dell Road in the year 2000 will be approximately 1,500 vehicles. Richard Johnson stated they envision using local contractors for the construction which may occur over three seasons. It will be a challenging schedule. It will be a competitive process and they see a large involvement with many contractors. There will not be any collusion. 2 CITY COUNCIL MINUTES TOLL ROAD PUBLIC MEETING August 27, 1996 Page 3 Adele Lawry, MnDOT, discussed the financing and MnDOT will contribute no more than $200 million to the cost of the construction from Highway 5. The rest of the funding will be generated by revenue bonds and from tolls. MnDOT has no responsibility for these bonds. In the event of default all the property will belong to the State and no one will be able to close the road. They anticipate that by the year 2000 most regular users of the toll road will buy and use transponders which will enable them to enter the toll road at regular speeds. Chuck Sigerud, Metropolitan Division of MnDOT, stated there have been large numbers of projects that had to be deferred over the past few years due to lack of funding. Highway 212 is on the 20 year plan but it will not be started until a few other projects currently underway are completed. Darrell Burkowitz described the cut areas which will be done from the existing ground and the cut areas will decrease as they move west and then rise again closer to the intersection. There will also be a noise abatement wall constructed to make the area more pleasing to the people in the area. They will need to have no additional right-of-way in the area of Wallace Road to construct the toll plazas. Lindahl stated that they have pledged to use an open process and the project won't be constructed for another 20 years unless it is built now. Case asked about the alignment of Scenic Heights Road and Highway 212 and Dietz responded there will be a berm and a noise wall between Scenic Heights Road and Highway 212. Thorfinnson inquired how much gas tax was collected last year in the State of Minnesota and Lawry responded approximately $800 million dollars. Thorfinnson inquired how much went towards maintenance of existing roadways, how much went into the building fund and where did the remainder go. Lawry responded he did not have that information. Case inquired about the funding for roadway maintenance or the construction of roadways that do not have the traffic levels the metropolitan area has and how that was allocated. Lawry responded he did not have that information but would get answers for the City Council. The Public input portion of the meeting was opened. Marvin Cofer, 14837 Blakeney Road, asked if Highway 212 was such a high priority road why would it take MnDOT twenty years to get it built. The people who have attempted to get the road built are to be commended but they have not labored to have a toll road built. This is a new and recent concept. Mr. Lindahl had referenced the support given for this project by the outlying communities and it has not been so evidences in the press as he would have us believe. He was concerned about what would happen if the toll road were built and then the legislature should decide that toll roads were not what the state wanted to have. CITY COUNCIL MINUTES TOLL ROAD PUBLIC MEETING August 27, 1996 Page 4 Lindahl stated that the State of Minnesota passed a law authorizing toll roads to be constructed in 1993 and the toll road process began in 1994. The Star Tribune did not opJX>se this project or believe that the legislature had abrogated their responsibility in the process. Sandra Russen, 8731 Summit Drive, stated that since 1957 any project over $10 million needed to have alternative funding looked at as the way to be fair to all citizens and for all Minnesota roads. There are some options available other than toll roads. Perhaps alternative such as placing toll roads over bridges which take more to maintain and construct should be considered. There could be toll roads placed in other locations more lucrative than Highway 212 will be. She inquired where the funds from the gas tax were going. She suggested perhaps funds could be generated from vehicle registration which could then be used to construct Highway 212. Carol Hanson, 16200 Hilltop Road, stated that residents of Eden Prairie pay more taxes than is equitable for the metropolitan area. Under the Fiscal Disparities Act Eden Prairie contributes more than its fair share to the outer state areas, and pays more in taxes than other city residents do. She believed that Eden Prairie residents should intensely lobby the legislature to have funding allocated to construct Highway 212. Richard Kiehl, 8628 Braxton Drive, inquired if the City Council would take action on any pro{X>sal that came before them that was not in its final design phase. The Highway 212 project will be done finally after the veto period is over. In Eden Prairie he pays 17% of his taxes which go to Eden Prairie and the high construction will add wear and tear on surrounding roads. He was concerned about who would pay for this. He noted that the City is building a new public works building which is in the way of Highway 212 and who is going to pay for moving this facility. Dietz responded that the City was in the process of negotiating the purchase price from MnDOT but it has not been agreed upon as of this date. Terry Britton, 18410 Maple Leaf Drive, told an allegory regarding baseball and inquired if we were dumb enough to try something for the first time just on the principle that it might work. He noted that the projections for traffic levels given by the proponents were inaccurate because they are based on numbers that were generated in 1995. Bob Greeninger, 10326 Concord Drive, commented on the credibility issue of those City Councils acting on the toll road issue. Chaska passed the toll road, yet over 75 % of its citizens were opposed to it. He was concerned about a conflict of interest. He did not believe the toll road was needed to benefit the City of Eden Prairie. Peter Belles, 15790 Summit Drive, asked if Eden Prairie was in the same region as Edina or Minneapolis. He believed the toll road was not the best solution for the southwestern metropolitan area or Eden Prairie. As City Council members they were pledged to vote the wishes of the citizens and the citizens are opposed to the idea of a toll road. He CITY COUNCIL MINUTES TOLL ROAD PUBLIC MEETING August 27, 1996 Page 5 believed this issue should be returned to the legislature and have them attempt to find funding again. Therese Waters-McCabe, 18119 Evener Way, stated the traffic on Highway 5 was heavy, but no one wanted to construct a toll road to relieve it. She wanted something done to alleviate the traffic levels on Highway 5, which will occur if Highway 212 is not built. She wanted to know what would happen to the traffic in the event Highway 212 is turned down. Mayor Harris responded that traffic levels will continue to increase in that event. John Hanson, 16200 Hilltop Road, stated that Highway 212 has been talked about for many years but seemed to lack the push to get the roadway constructed. The only thing which has been offered is the toll road proposal and most of the citizens of Eden Prairie do not want to have a toll road located within their community. He believed toll roads would be more effective in other locations than the proposed Highway 212 site. Mike Mulverhill, 16931 Hanover Lane, stated he could give the City Council 800 million reasons why the road should not be a toll road. The state should have the resources to construct this roadway with the $800 million in revenue generated from the gas tax. It was unacceptable to have this roadway located so close to the Central Kindergarten Center and going through Miller Park. He stated it was time to vote on this issue now and not defer it until the regular City Council meeting. Steve Sweiven, 8234 Hiawatha Avenue, inquired how many alternatives were looked at before the toll road was proposed and what those were. He inquired how many people would drive on the toll road. Those people pay taxes just like everyone else and will still have to pay a toll in addition to those taxes to use this road. He believed the projected costs for the toll road were exorbitant, and lay outside the realm of common sense. He believed the traffic projections for the future were inaccurate. He believed approval of the toll road would risk the entire future of the City of Eden Prairie. Jim Gust, 16729 Candlewood Parkway, inquired about the light rail regional trail and whether it would be needed for light rail transit in the future. He noticed it was being ~eyed recently and upon inquiry of one of the surveyors was told it might be used for light rail transit in 15 years. Representative Tom Workman, Chanhassen, stated that light rail transit was not something that would occur in the immediate future, and Eden Prairie would get it last of all the' cities in the metropolitan area. New transportation funding is not going to come from the legislature to get this roadway built. There is nothing happening that wasn't already happeriing anyway. If Eden Prairie doesn't want to have the toll road built, then it won't be built; the legislature isn't going to force it upon the citizens. MnDOT has always shown that if a community does not want a roadway, it is not constructed. He apologized for the legislature in not taking action on this issue, and noted that if citizens wanted their local decisions to be made at the state level, they could accommodate that. He stated that this legislature was not going to decide on construction of the toll road. s CITY COUNCIL MINUTES TOLL ROAD PUBLIC MEETING August 27, 1996 Page 6 Case inquired if the state would run out of funding in eight years for roadway maintenance because funding was so inadequate. Workman responded that the legislature will not pass another gas tax to obtain more funds. Case commented he believed the people in Minnesota will not tolerate doing nothing to alleviate this situation. He noted that it was the Legislature's job to plan and construct the state's trunk highway system. Workman stated that taxpayers have had enough taxes and if they don't want to have Highway 212 constructed as a toll road, then it won't be built until MnDOT can come up with the funds to build it as part of the regular highway system. Thorfinnson inquired why they assumed that they would always spend funds like they are spent today. This rationale makes it easy for the legislature to approve a tax that will impact Eden Prairie and the western communities. He suggested that they figure out a way to pay for roads without creating new taxes. He discussed the taxes Minnesota residents pay and believed that the money should be there to be spent on roads when needed. Pidcock stated that it was the way of the future to enter into partnerships between public and private entities and with the federal government downsizing, there would more and more of these arrangements being made. Case thanked Representative Workman for taking time to come and answer some of the concerns that have been raised at these public meetings about the legislature and what course of action might be taken in the future on this issue. Mark Rabogliatti, 17107 Hanover Lane, stated that there is a prohibition on tolls being charged on the T.H. 5 segments with the agreement between MnDOT and Interwest but it can be amended. There is a provision which allows MnDOT to place liens on the property that they all own. The State is putting over $107 million into the project which can be repaid to the state if there is any money left after the road is paid for. He believed there was a chance that this money might not be repaid. The state is giving Interwest an interest-free loan that may never be repaid. If MnDOT has to maintain this roadway MnDOT should be repaid first to recoup the tax dollars spent on maintenance. Mike Rush, 6907 Hanover Lane, stated this was a fight which should not be given up at the State level. They will have to address this issue because traffic levels are increasing and something will have to be done. They believed this was an opportunity to send a message to the State and let them know that the citizens of Minnesota would not tolerate financial irresponsibility on the part of the State Legislature. MnDOT has a budget of $1.3 Billion. $800 million was diverted to the General Fund and he believed that the toll road could be viewed as a tax increase for everyone because those funds designated for new roadway construction were diverted away from the purpose for which they were collected. He believed that the total travel cost on a toll road will be higher projected by Interwe~t. He asked why they would allow the toll road project to go forward when everyone was opposed to more taxes. He noted that toll roads were ten times less efficient than regular highways. He believed the political ramifications of this project should be CITY COUNCIL MINUTES TOLL ROAD PUBLIC MEETING August 27, 1996 Page 7 dealt with at the state level not the local level with MnDOT coming in with inducements or incentives to get the roadway through. He emphasized that they should send a message to the State Legislature to use their money wisely and come up with a way to get Highway 212 built as a regular roadway. Rush complimented the Council members on being most receptive to hearing the input from the citizens, returning phone calls and responding to inquiries from citizens and the press. MOTION: Pidcock moved, seconded by Tyra-Lukens to close this segment of the Public Hearing process, with acceptance of written statements by citizens through August 30, 1996. Motion carried 5-0. Mayor Harris stated that this item would be scheduled as the first item on the Agenda at the regular Council Meeting on September 3, 1996. MOTION: Case moved, seconded by Tyra-Lukens, to vote on this item at the September 3, 1996 regular City Council Meeting. Motion carried 5-0. ffi. ADJOURNMENT MOTION: Case moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 9:27 p.m. UNAPPROVED MINUTES CITY COUNCWSTAFF WORKSHOP MEETING WORKSHOP TO DISCUSS 1997 PROPOSED BUDGET TUESDAY, SEPTEMBER 3, 1996 COUNCILMEMBERS: CITY COUNCIL STAFF: ROLLCALL All members were present. I. CALL MEETING TO ORDER 6:30 PM, HERITAGE ROOM IV 8080 Mitchell Road Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thonmnson, Jr. and Nancy Tyra-Lukens 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 Council Recorder Jan Nelson Mayor Harris called the meeting to order at 6:40 p.m. ll. OVERVIEW OF 1997 PROPOSED BUDGET City Manager Jullie said Staff will present a summary of the General Fund budget and a review of the Enterprise Funds. Staff has been working on measuring efficiency and effectiveness of services and presenting a break-out of the total costs. He noted that representatives from Southwest Metro are present because we will be levying the transit service tax this year. He then reviewed the format of the two documents presenting the 1997 proposed budget. Jullie then presented an overview of the objectives developed at the previous budget workshop that included goals to reduce the tax on a median value home to less than 6%, to keep departmental operating budgets at the current year levels except for certain inflationary adjustments, to budget capital items separately and begin to develop a capital maintenance and improvement plan, to provide additional staff to maintain the current level of service, to ensure the budget model continues to reflect a balance while limiting f CITY COUNCIL/STAFF WORKSHOP September 3, 1996 Page 2 future tax increases, and to continue the policy of not using the fund balance to pay for operating expenses. Assistant City Manager Chris Enger reviewed changes since the July 23rd workshop meeting. He explained the assumptions used to develop the five-year model. Director of Public Works Dietz reviewed the utility budget revenue and expense projections, noting that Staff proposes a 5 cent increase in water rates for 1997. Harris asked Dietz to explain the term "cooling degree days." Dietz said this is a number published by the weather service for use as an indicator of temperatures during the summer. Tyra-Lukens asked if it is true that even by increasing the rates, we still don't have revenues covering expenses. Dietz said we are building a new water plant to service anticipated population, and we have an increase in staffing to operate the new facility along with increased expenses to operate it. He noted that the anticipated deficit decreases each year from -$231,825 in 1996 to -$12,683 in 2001. Director of Inspections Kevin Schmieg presented charts showing the cost of services for his department. He explained how they measure their performance in terms of the demand for services, efficiency and effectiveness and their goals for program performance. After his presentation, the Council agreed that this is a good format for other departments to use in determining cost of services and performance measurement. Harris asked Schmieg how performance is measured in the department. Schmieg said they used focus groups and expect that this will provide benchmarks as they go forward. Enger said they are working with other department heads to develop similar material. Finance Director John Frane reviewed the Liquor Store budget. They expect the new Cub store to be operational in 1997 and expect sales to be up 12 % over the 1996 figures. Case asked if cigarettes account for 10% of gross sales. Frane said yes, they net $15,000 to $20,000 per year on cigarette sales. Director of Assessing Steve Sinell showed an overhead of the proposed Truth in Taxation notice. He reviewed the paragraph on the notice explaining that the City's tax for 1997 includes a specific amount for transit services. He said the County would not agree to show a split amount for the City tax and the Transit tax because there is no legislation enabling the breakout of those two figures. Harris asked if there is any way to include a flyer in the statements because she thought people would not understand the statement or read the explanation. Case thought they should rephrase the word "option" because that makes it sound like it was our idea. Harris thought we should expand and carefully reword the four line explanation and put an asterisk by the % amount. CITY COUNCIL/STAFF WORKSHOP September 3, 1996 Page 3 Sinell said he talked to the County this afternoon and asked about the possibility of including an insert. He said they could not include an insert because the notices go out presorted by where the notice is sent, not the property address. He suggested that we could mail some sort of information. George Bentley, representing Southwest Metro, said they will continue to work with the County to come up with a better description. Thorfinnson noted we also discussed educating the public about this and Southwest Metro agreed to provide that education. Bentley said they have a plan to accomplish that. The consensus of the Council was that Sinell should continue to work with Jullie, Southwest Metro and Hennepin County to come up with a better version of the statement. ID. OrnER BUSINESS IV. ADJOURNMENT Mayor Harris adjourned the meeting at 7:25 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 3, 1996 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL All members were present. 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfmnson, Jr., and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson VOTE ON HIGHWAY 212 TOLL ROAD PROPOSAL Mayor Harris opened the meeting with the following statement: For the past three months, this City Council has listened attentively to the voices of Eden Prairie, both pro and con, on the construction of Highway 212 as a Toll Road. Tonight is not a Public Hearing, rather it is an opportunity for the Council to express its concerns, its views, and its decision on this issue. When first advised that the InterWest proposal was the only surviving response to MnDOT's Request for Proposals, the Council devised a schedule of open houses, town meetings, public hearings, guest opinions and letters to the editor, designed to insure maximum dissemination of information and participation for all Eden Prairie residents who wish to voice an opinion. In spite of misdirected criticism to the contrary, the process has been open, inclusive, and deliberative. In spite of exhortations to rush to early judgement, this Council has held to its original schedule in order that it have maximum information and input as we proceed to individually and, as a group, deliberate and decide. Eden Prairie citizens have had access to all the same information, all the same data, all the same presentations, all the same testimony, as the five members of this Council. Tonight we conclude this lengthy process. Personally, I have heard many voices during these three months. Voices of anger, of anguish, of disbelief, of concern, of hope, of reason, and yes, even some unreasonable voices and threats. I have not only heard but listened to their content and to their emotion. I EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 2 I have assimilated what I believe to be the core legitimate concerns. I have spent a great deal of time sifting fact from fiction in order to make a clear and reasoned decision. I have struggled with enormous expenditures of time and energy and dollars of previous community leaders, Councilmembers, and staff, in defining this corridor and trying to get it funded. I have struggled with our community's distaste for the concept of tolls -period. I have struggled with the issue of whether it is better to swallow hard, hold your nose, and take the plunge, against the real risk of absolute gridlock on our few through streets and the potential for never having this road built if we don't take advantage of this immediate opportunity. It has not been easy to come to the conclusion and decision driving my vote tonight. For it is clear to me that with continued devolvement of responsibility from national to state to local level, with continuing attempts to reduce the national debt and to contain costs at the State level, that the easy days of Federal/State partnerships in the construction of highways are over. And not over only for highway construction, but for issues of health, education, social services, as well. Our State will be hard pressed to replace these dollars and, in many instances, it will not. For these reasons, my view of the future includes the real possibility of alternative funding, not only for new highway construction, but for maintenance and replacement of existing roadways. I fear that in spite of our communal dislike of tollways, some form of volume or congestion pricing or user fees are a part of all of our future. Acknowledging that, I have struggled with my personal discomfort with several issues surrounding our decision tonight. The two most difficult for me are first, the absence of a clearly articulated State strategy on use and kind of alternative funding strategies for future highway construction throughout the State, and secondly, the process the Legislature has put in place for voting new highway construction up or down. As early as 1993, the Legislature passed, and Governor Arne Carlson signed into law, a measure authorizing MnDOT or road authorities in Minnesota to develop, finance, design, construct, improve, rehabilitate, own and operate toll facilities, and to enter into agreement with private operators for the construction, maintenance, and operation of toll facilities. To this date, and through the Tuesday, August 27 Public Hearing, I have yet to hear MnDOT clearly state that tollways are a component of the overall State strategy for both the Arrowhead, the southwest corridor, the Pipestone area, the Minnesota River Valley, or even the toe of the Minnesota boot. As to the second issue, if the road were to be constructed from St. Paul to Cologne, each community through which it passed, would have the option of vetoing it. Thus, if nine out of ten communities and counties and governmental entities wanted it but one did not, the road would not be constructed. To me this seems a poor and unrealistic way to make regional and State policy, and I would suggest that this legislation needs to be revisited and, perhaps, revised. So, I have been stuck on the horns of a real dilemma. This road is needed; I have problems with the process. I have driven this City in the early morning hours, in the 2. EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 3 middle of the day, and in the evening rush hours. There is no question that a new route is needed to the southwest corridor. Our City of cul-de-sacs was built on the premise that a new 212 is to be constructed. We could open some of these cul-de-sacs at great expense and great disruption to our current City residents. But this is highly unlikely. This means, therefore, that this and future Councils will and must insist on opening the remaining 37 stub cul-de-sacs to more evenly distribute our internal traffic. And even then, I fear that there will still be clear and convincing evidence that this roadway is needed. Tonight I am going to ask you, my fellow Councilmembers, to separate the need for the road from its financing. I am going to ask you to reaffirm our support for the construction of Highway 212, in a motion separate and apart from a subsequent vote on the proposal for its construction as a toll road. Following this vote, we will proceed to a discussion on the merits of the construction of Highway 212 as a toll road. MOTION: Pidcock moved, seconded by Thorfinnson, that the Eden Prairie City Council send a strong message to MNDoT, the state legislative leaders and Governor Carlson that we support the need for a new Highway 212 along the corridor as has been proposed, and that we request the very earliest construction of the highway regardless of the outcome of the vote on the financing plan. Motion carried unanimously. Each Council member then read a statement. Council member Thorfinnson I s statement follows: During the course of the last several months, I have had the opportunity to hear from many people in regards to this issue. Even today, people were calling to voice their opinions. I can say for certain, this is an emotional issue. I'm not sure there is anyone in Eden Prairie, if not the state of Minnesota, without an opinion. Several weeks ago, the City Council discussed cutting short the debate and taking a vote on the issue. At that time, I strongly advocated for allowing the established process to continue. I felt that there were many people who had not had the opportunity to express their feelings, and that has proven to be the case. I have heard from more people during the last several weeks than in all the weeks and months preceding. I want to thank everyone that has contacted me either by mail or by phone. My apologies for not getting back to all of you, but the calls and letters were overwhelming. I can assure you that I read every letter and listened to every message. Some have said we dragged our feet on this issue, and that we should have voted it down immediately. We did what we always do. We allowed a proponent to bring forward a proposal, we gathered information, opened it up to public input, got questions and concerns answered, and have carefully weighed all of that information. This proposal has received more time and public input, than any other issue during my time on this council. This is the process at work. Thank God for the process. Much of my education about this issue and the toll road process has occurred during the last three weeks. I have been able to answer most of my EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 4 concerns and have received information and input I never would have had. It has clarified my position on the issue and led me to make the decision I have made. I want to address some of my feeling and concerns about this issue. First, let there be no mistake in anyone's mind that I am a supporter of and will continue to be an advocate for the building of Hwy. 212. Having lived in this city for more than 19 years, I have seen many of the changes that have come with growth. One change obviously is the increase in traffic. It will get worse. How much worse? Who knows, the estimates vary, but it's a safe bet that it will get worse. Without a new Hwy. 212, Eden Prairie will strangle on traffic trying to get to or from Minneapolis from the west. The route for Hwy. 212 has long been established, much of the right of way in Eden Prairie has been purchased and development has been guided with that route in mind, including Miller Park. We will continue to develop along that corridor with the eventual building of Hwy. 212 included in all of the City's planning. Some have suggested that the State Legislature has abdicated its responsibility in regards to this toll road proposal. At one point, even I felt that way. After careful thought, I am very reluctant to lay that on the Legislature. Local governments have long sought more local control in regards to decision making and the spending of money. If anything, the one good thing that came out of this legislation was the local veto power. The veto prevents MnDot and the State Legislature from pushing anything down the throat of the local government. However, the Hwy. 212 toll road is not just a local issue. Bob Lindahl, in his opening comments last week, said it is a regional problem, that perhaps it should even by viewed as a state issue, not just a problem of Chaska, Chanhassen and Eden Prairie. And, ... therein lies the rub. If anything, all of the communities west of here should have had the ability to vote on this toll road, with its approval based on the majority's decision. But, even that process would have its flaws. The issue of toll roads in Minnesota is indeed a statewide issue. In Eden Prairie we are being told that Hwy. 212 will not be built within the next 20 years using traditional funding methods. There is no more money they say. And, ... when you listen to their arguments there is not enough money currently allocated to highway construction to build or upgrade every highway on the list. But, you need to dig a little deeper to get to the scoop. There is approximately $400,000,000 available for highway construction statewide. That's what is remaining out of the $900,000,000 per year allocated to highway financing, the balance going to operations and maintenance of highways. By state law one half of the $400,000,000 is spent out-state, which leaves just $200,000,000 for highway construction, new and upgraded, in the metro area on an annual basis. Not enough money to make a dent in the highway needs of the metro area. Projects, therefore, are scheduled and need regional approval before funding is allocated. They can sit on a wish list for years without receiving the approval and funding to go forward. Or worse yet, decisions are made on ----------~~-~-------------------.. EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 5 a piecemeal basis, handing out the small amount of money available across the metro area to pacify the greatest number of people. I submit that that is a poor way to make regional and statewide transportation decisions. Several factors have combined to create this funding crisis. There is less Federal money available for highway construction than in the past. The per gallon gas tax revenues have dropped as cars have become more efficient. The mandated use of ethanol has further reduced the gas tax revenues because no tax is collected on ethanol. To further the crisis, beginning July I, 1996, all of the revenues from the sales tax on motor vehicles, approximately $332,000,000, will be redirected to the state's general fund. Transportation now needs to compete with other funding priorities for it's own money from the general fund. No matter how you look at it, a toll road is a tax. Some call it a user fee. I say we already have the ultimate user fee, the gas tax. Does it need to be increased? Is it being spent wisely? The gas tax should be revisited and these and other questions answered. We reside in a state where taxes are among the highest in the nation. We already pay high property taxes, we already pay high income taxes and we already have a 6.5 % sales tax. There is plenty of money, we are choosing to spend it on something other than highway construction. Let's examine our priorities, spend our money wisely and make some tough choices. If highway construction is deemed to be such a low priority that funds are not to be available, then perhaps toll roads are the only way. No one has convinced me that we are at that point. If we are, then the State Legislature MnDot and the Governor have done a very poor job of communicating that position. Highway 494 and its expansion to three lanes to Carlson Parkway and to Highway 100 is critical to Eden Prairie and the other south and west suburbs. The twice daily gridlock on 494 would only be made worse by a new Hwy. 212 and the upgrading of Hwy. 5. And, the fact that there will only be a temporary upgrading of the interchange at Hwy. 494 and Hwy. 169 further complicates the issue. We are happy to see that MnDot has committed to adding a third lane on Hwy 494 from Hwy. 212 to Hwy. 100 but it is only a temporary solution, a full rebuild is absolutely necessary. Another example of the hit and miss planning and funding that is being used. In conclusion, no matter how I vote there will be many unhappy people. In the short run, there is no question that we as a city with some difficulty can survive without Hwy. 212. In the long run, it is clear that highway improvements will be necessary as we deal with the ever increasing traffic. Either position leaves someone dissatisfied. I am sorry for that. As always I have made my decision based on what I think is best for the community. s EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 6 The question is; what is the community? In this case the State Legislature, MNDot and the Governor have made the region if not the State of Minnesota, the community. In that light, and with a tremendous amount of thought, I must vote to veto the current Hwy. 212 toll road proposal. By doing so, I am sending this issue back to the State Legislature, MnDot and particularly the Governor of the State of Minnesota and asking them to revisit the issue of highway construction funding and either allocate the money necessary to fund highway construction in a fiscally responsible manner or make the case for toll roads and be out front, on the firing line, stating that position. Once again thank you all for your input. Councilmember Pidcock's statement: My thirteen years spent working on the Southwest Corridor Transportation Commission leads me to believe that this is the only opportunity Eden Prairie residents will have to get stop-light free lanes on Hwy. 5 from County Road 4 to Hwy. 494. The passions on both sides of this issue remind me of my arrival in Minnesota 38 years ago when the raging issue of the day was, then as now, urban versus rural. At that time the issue was, should we or should we not have "day-light" saving time. Rural people said if we would have day-light saving time the time clocks of the cows and chickens would be haywire. Thirty eight years later the chickens are laying eggs, the cows are supplying milk and day-light saving time is on a regular national schedule. The people here today who are opposed to this roadway brought the city to my doorstep. You have made us urban. I would like not to have to put up with the traffic congestion created by 46,000 people living in this community. I have been elected to put policies in place that are in the best interest and for the long-term welfare of the city. Sometimes it is necessary to do what is not popular. Like a parent who has a child throwing a temper tantrum, you don't give into that temper but allow it to subside and later deal with reason. Knowing that a road is needed and that there are no funds available under usual means to build that road creates a dilemma. MNDoT suggested a toll road and held open bidding for those wishing an opportunity to bid to do so. A toll concept is a radical change in thinking for Minnesotans. We have been told there is no money to build a freeway. It is either a toll road or no road. I have visited with a number of legislators who are on the Transportation Committee and they assure me there is no money. Must we mandate that people use our public transportation system and ride share to use the highways? When those of you who are opposed to a new road have relocated will you care about the traffic problems of Eden Prairie? I have received hundreds of letters in support and in opposition to this project. Some of my best friends have called in opposition. The facts of the project have been distorted and the truth shaded so that I know that many people are making false assumptions regarding EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 7 what would or would not occur in the construction period. I know with certainty that there will be retribution to the City of Eden Prairie by other agencies for our failure to accept this opportunity and it will be fifteen or twenty more years before we get this needed transportation spoke. I'd briefly like to mention my position on the legislature placing this home rule project in my lap. I'm a mature person with wisdom and discernment and have always believed that one should have the courage to deal with and make a decision on what comes down the pike. I have not seen any legislator here, except Tom Workman, who seemed to have the slightest interest in our area or what is going on here. With my 13 years of work on Hwy 5 and Hwy 212 I therefore vote that it is in the best interests of our city to allow the road to proceed. Pidcock noted that she had received an opinion from the Attorney General that she could vote on this matter. Mayor Harris' statement: In my opening statement, I identified my two major concerns with the proposal before us. They are: the absence of a clearly defined State strategy for the utilization of toll roads as the or one among many methods of new highway construction, and the process for approval of highways. I will add to that a third one, and that is the absence of regional strategy that assists in a more positive way the impact of traffic flowing to and through Eden Prairie from the south and west. Such a strategy would include construction of additional lanes to distribute traffic both north and east on 494, and would reduce the dumping that will occur with increased traffic coming from the south and west on Highway 212. I have lived in the east where tolls are fairly common. I have found them to be a minor inconvenience. I have also lived in communities where tolls have been removed when the payment for the construction was completed. I, therefore, have a slightly different perspective than many people who have spoken so vividly and strongly about the use of tollways. However, what is offered to us tonight is not truly a regional strategy for a local and regional problem. Traffic will still be bottle-necked in Eden Prairie. We need redistribution both north to 394 and east to 100 to eliminate the difficulty encountered today on 394 where the lanes go from three to two, back to three lanes. I am also discomforted with the decision process. In the long run, as elected officials, we must demonstrate both leadership and responsiveness. Putting aside the organized resistance, the preponderance of calls, letters and personal intercessions over the last several weeks have led me to understand that the true opposition is not to the road, but to the idea and concept of tolls. We have just reaffirmed our position in strong construction of the roadway. As an elected representative of the residents of Eden Prairie, I am going to vote NO to the proposal before us. I do not take this step lightly. In fact, I struggled even last evening with my knowledge of the need of the road versus the philosophy of tolling. I have received many calls and letters from EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 8 elected officials, from residents and businesses and communities south and west of us. I share their need and concern that the road be built as soon as possible, and yet it appears to me that a flawed process should not proceed further. I encourage our Legislature to revisit the language of the current legislation. I encourage MnDOT to state clearly and unequivocally its position on use of this method of financing of new highway construction. I encourage all those residents who have devoted so much time to educating, counseling, voicing opinions to the Council, to now turn your attention to our State Legislature- especially those on committees which make decisions regarding highway and transportation funding. Eden Prairie will not, and cannot, be the expedient experiment. Eden Prairie will not, and cannot, be the sole toll road in the State of Minnesota. Council member Tyra-Lukens' statement: As you have heard, this has been a very difficult issue for all of us. I want to thank all of you for all your phone calls, letters, and statements made at our forums. I considered all the opinions presented, but I am sorry that I was unable to return all the calls just due to the sheer volume. Thank you for your involvement in the process. And thank you also for the fact that you are sticking around to hear what I have to say even thought you are mentally tallying up the votes and know that the issue has failed! My position has been obvious to anyone who has read the paper in the last few weeks. You have invested a great deal of time in this issue and many of my concerns with this project and process have now been voiced by Mayor Harris and Council member Thorfinnson so I won't go over them now. I just have a few brief comments to make. First for those who wish this were to pass. After all we in Eden Prairie probably won't use it and it will help take traffic off our local highways. My fear is that if we open the door to toll roads then eventually improvements to 494 and Crosstown may be made through making them toll roads. Then we will find ourselves in the situation that we cannot leave Eden Prairie without taking toll roads. Also, as you know, a significant amount of state funding is going into this road. Will those in St. Paul look upon this as our fair share of the transportation funding pot, and not allocate us money to improve the free roads that those of us in Eden Prairie do drive? We have been asked, "isn't this the kind of local control that city governments are asking for?" I would argue that this is neither the project nor the process for local control. This is not a situation where the state is giving us our share of transportation funding and saying spend this as you see fit on transportation. We do not hold the purse strings or the control in this situation. Furthermore, transportation is a system, and not a closed system at that, so local control is not sensible. As we have said, most Eden Prairie residents would not use this road. It will be used by those west of us driving through. And they are not getting input into this decision! EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 9 As a statewide issue the legislature should be deciding on this toll road as part of an equitable, overall, long term, clearly articulated approach to highway funding. For these and many other reasons I will vote in opposition to the toll road. Council member Case's statement: Eden Prairie today is a truly great place to live. We're populated by nearly 50,000 people who have chosen to live here for the suburban experience, great schools, an excellent park system, and an over-all high quality of life. Basically, we're successful people, with good jobs, above average priced homes, townhouses, and apartments and a rather positive outlook on life. We're also very generous. We acknowledge our blessings. Our community sustains more than a dozen churches, participates in Habitat for Humanity and countless other service projects and shares millions of our tax dollars with other less fortunate communities around the 7 county metro area. Government should not punish this kind of success. On the contrary, Government should hold up the Eden Prairies of the state as shining examples of how it is supposed to work. So, why then, are we perceived as being insensitive to the needs of the core cities for no other reason than that we don't share some of their problems? Why are we threatened by government agencies with additional losses of our hard earned tax dollars if we don't raise our densities, crowd our streets, and pack kids into our schools? Why are we asked to pay into the construction of everyone else's highways, but then asked to build our own? I think the residents of Eden Prairie are tired and frustrated. We're tired of being punished for our successes. We're tired of being the lowest of priorities, except when it comes to collecting our money. We're tired of the unfair treatment, the inadequate representation at the legislature, and the lack of positive recognition for all of the good that we do for this region. It is within this climate that the 212 tollway concept has arisen. This tollway, not the road, is a bad idea for a lot of reasons. One is that I don't believe Minnesotans want tollways. Therefore the State Legislature has one of three options: Allow our state highway system to fall apart, raise the gas tax, or initiate a system of tollways throughout the state over the objections of most of the people. Either way, it is the state's responsibility to choose the course we should go. Another reason to vote against the tollway is that MNDot has some serious prioritizing problems that need to be addressed. For decades roads have been built with a lot less q EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 10 demonstrated need than the 50,000 cars projected daily to drive on 212. Roads built with tax dollars, some of which came from Eden Prairie. As a legislator I would vote against this particular proposal because all other funding alternatives have not been exhausted. As a Minnesotan I would vote it down because we have set a quality of life standard in Minnesota that doesn't have room for tollways. And as an Eden Prairian, I am going to case my vote against this tollway on behalf of all of our frustrated taxpayers, who just don't understand how government can punish people who are doing what is right. We work hard, we pay a lot in taxes, we support people allover the region and the state, we vote in high percentages, we pass our education and park referendums: In short, we've placed our faith, hope and trust in a system that is now slamming a door in our face. And I am really angry about that. Citizens deserve better from their government. To ask the southwestern suburbs to fund the construction themselves of a highway that is clearly recognized as a high priority for people in the entire southwestern quadrant of the state is nothing short of an outrage. So, on behalf of the people of Eden Prairie, I say, "Enough is enough." I say no to this type of unfair treatment, I say no to double taxation, and I say no to bad government. But I don't plan to just go away silently. In fact I pledge myself to become a very noisy advocate for Eden Prairie, for government not punishing success, for parity in highway construction spending, for honoring Eden Prairie's contributions to the region and the state. And I challenge our legislators to become as visible in advocating for Eden Prairie as Myron Orfield has so effectively done for his constituents in Minneapolis. I am prepared in my heart for 212 not to be built for a long time. But I hope that the Legislature and the Met Council will come to their senses and bring us back a new 212 project much sooner rather than later. I also hope they will begin to celebrate the successes evident in the lives of the people who live in Eden Prairie and would stop punishing the very success that government seeks from its citizens. I am so proud of Eden Prairie and the people who live here. I am proud of our accomplishments as individuals and as a city. And even though the majority of us would like to see a 212 funded by tax dollars, I believe the great majority of Eden Prairie residents do not want 212 at the inordinately unfair high price of it being a tollway. With a clear conscience and vision for our future, I will vote "Yes" this evening to veto the 212 tollway proposal. MOTION: Thorfinnson moved, seconded by Case, to veto the Highway 212 Toll Road project as described in the AGREEMENT TO DEVELOP AND OPERATE THE T.H. 212 TOLL ROAD FACILITY PROJECT AMONG THE STATE OF MINNESOTA, THE 212 COMMUNITY HIGHWAY ASSOCIATION, AND INTERWEST/DLR GROUP ,0 EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 11 INFRASTRUCTURE, LLC. Motion carried with Pidcock opposed. Pidcock announced that she had resigned her position on the Highway 212 Board as of last week. Harris thanked the audience for their approval. She suggested that she and City Manager Jullie invite the mayors and others from the other communities to meet and begin a strategy that will bring about the construction of Hwy 212 as expeditiously as possible. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item N.H. SOUTHWEST CROSSING/GOWEN TRIANG1dE BUSINESS CENTER. Pidcock added item XI.A.l. Clocks. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM ID. MINUTES A. .JOINT CITY COUNCIL/ARTS COMMISSION MEETING HELD TUESDAY,ADGUST6,1"6 MOTION: Case moved, seconded by Pidcock, to approve the Minutes of the Joint City Council/Arts Commission Meeting held Tuesday, August 6, 1996, as published. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 20, 1"6 Case said paragraph 6, page 4 should read: "Case stated his support that the Environmental & Waste Management Commission work on the problem that we have an ordinance that is recognized ... " MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Minutes of the City Council Meeting held Tuesday, August 20, 1996, as published and amended. Motion carried unanimously. w. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 96-142 TO CONTINUE PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM C. IMPACT MARKETING DEVEWPMENT by John Stedman. 2nd Reading of Ordinance 35-96 for Zoning District Change from Rural to Office on 6.02 acres, 1/ EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 12 Adoption of Resolution 96-143 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 35-96 for Zoning District Change and Resolution 96-143 for Site Plan Review) D. 2ND READING OF ORDINANCE 36-96 AMENDING CITY CODE SECTION 3.30, TO BAN LAWN IRRIGATION BETWEEN mE HOURS OF 12:01 PM AND 5:00 PM E. RESOLUTION 96-144 APPROVING FINAL PLAT OF HARTFORD PLACE RETAUd ADDITION Oocated at the northeast corner of Prairie Center Driye and Prairie Lakes Drivel F. RESOLUTION 96-145 APPROYING FINAL PLAT OF BEARPAm TOWNHOMES 3RD ADDITION G. APPROVAL OF CONTRACT FOR USE OF CITY FACILITIES H. SOUmWEST CROSSING GOLDEN TRIANGLE BUSINESS CENTER by MEPC American Properties, Inc. 2nd Reading of an Ordinance for PUD District Review on 11.10 acres, Adoption of a Resolution for Site Plan Review on 11.10 acres and Approval of a Developer's Agreement for Southwest Crossing Golden Triangle Business Center by MEPC American Properties, Inc. Location: Golden Triangle Drive and Viking Drive. (Ordinance 34-96-PUD-13-96 for PUD District Review and Rezoning from Rural to 1-2 Park and Resolution 96-146 for Site Plan Review) MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve items A-H on the Consent Calendar. Motion carried unanimously. V. PUBliC HEARINGS/MEETINGS A. DEN ROAD COMMERCIAL CENTER by City of Eden Prairie. Request for Zoning District Change from C-HWY 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) Enger said this project is for construction of the third liquor store in Eden Prairie. He introduced Mike Wilkus who reviewed the proposal. Pidcock asked what the difficulty is in leasing the 7000 square foot area. Wilkus said they just engaged the leasing agent about a month go. Pidcock was concerned about approving such a large area and not having the income from a tenant. Enger said we will work at the construction estimates, the bidding, and the leasing. Enger said the Planning Commission unanimously recommended approval of this I~ EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 13 proposal at its August 26, 1996 meeting, subject to the Staff Report of August 23. The main item of concern was the significant trees on the site. Although we will be using only about 17% of the site, there will be a significant change in the site when it is graded. We will save the trees along the perimeter and will replace as many as possible on the site. The Parks Commission did not review the project. Pidcock asked about the size of the significant trees. Enger said there are some ash trees in excess of 12 inches. Pidcock then asked what the life span of that size tree would be. Enger said they could live to be 100 years old. Pidcock was concerned that we would make the same mistake as on the comer of Mitchell and Anderson Lakes Parkway. She would like to see us retain as much old growth as we can. Enger said we will retain about seven of the large significant trees. Thorfinnson asked about the size of the sign for the project and questioned why is it okay to put a sculpture on this building but it wasn't okay for the Big Woods project. Enger said the sign is measured in accordance with the sign ordinance. Wilkus said the sculpture is not physically attached to the building. Tyra-Lukens thought the sculpture was an important architectural element. Enger said we need to be consistent and should make this similar to the ones at Doolittle's and Ciatti's. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing. Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to approve 1st Reading of the Ordinance for Zoning District Change from C-HWY to C-REG-SER on 1.76 acres. Motion carried unanimously. 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 96-147 for Preliminary Plat) Jay Jasper, representing proponent, reviewed the proposal for ten townhomes with prices in the $225,000 to $275,000 range. Enger said the Planning Commission unanimously recommended approval of this project at its August 12, 1996 meeting, subject to the recommendations of the August 9, 1996, Staff Report. Lambert said the Parks, Recreation & Natural Resources Commission recommended approval on a 3-1 vote at the August 19, 1996 meeting. EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 14 Commissioner Koenig voted against the project because of the steep grades and the grading on the adjacent property necessary to make this project work. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for Rezoning from Rural to RM-6.5 on 4.3 acres; to adopt Resolution 96-147 for Preliminary Plat approval of 4.3 acres into 10 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. 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 RI-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 96-148 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change from RM-2.5 and RI-22 to RM-6.5 and Resolution 96-149 for Preliminary Plat) Randy Noecker, representing proponent, reviewed the project for two twin home buildings. He said several variances are being applied for and there are three easements required for the project. Enger said the Planning Commission voted 6 -0 to approve this project at its August 12, 1996 meeting, subject to the recommendations of the August 9 Staff Report. There are variances with regard to shoreland that will need to be reviewed by the Board of Appeals and Adjustments. The Guide Plan calls for middle density on the east part and low density on the west side of the property. The twin home development would be a reasonable use of the property. The Parks Commission did not review the project. Tyra-Lukens liked the fact that the significant trees are saved on this project but was uncomfortable with the variances on the shoreland ordinance. She asked if the ten units the property is currently guided for could be put on the property without variances. Enger said there was no site plan developed with ten units, but it would have to be a multi-family unit. Tyra-Lukens said she would like to understand what the hardship is and if all the barriers were there when it was purchased. Noecker said all of the things were there when he purchased the property. Tyra-Lukens asked what is entailed in proving hardship. Enger said they look at the conditions on the site that are unique to the site which would cause unreasonable restriction of the property if all the requirements of the ordinance were followed. Noecker said they looked at a plan that would get about eight units on the parcel ILl EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 15 but it would be out of character with the neighborhood. He thought that an eight- unit building might be within the requirements for the shoreland ordinance. Thorfinnson asked if we are being asked to approve the variances tonight. Enger said the Board of Appeals would review the variances, but only if the Council approves the project tonight. Harris did not have a problem with the setbacks, and she thought an effort had been made to blend the project with the existing neighborhood and to make it a quality project. She was unclear about how many of the current limiting physical conditions were there when the land was purchased. Enger believed all the conditions were there. He noted all of the conditions for the variances could be met if the property for these units were to be owned in common so that there was only one lot. Case asked why the process has the project brought to the Council first before it is reviewed by the Board of Appeals. Enger said sometimes it does go to them first. Proponent could appeal the decision of the Board of Appeals if they reverse the decision of the Council. Case said he was concerned about the precedence for more variances. Noecker said he originally showed a five-unit plan with one structure but decided against that because it is difficult to market the internal units. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to adopt Resolution 96-148 for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on .75 acres; to approve lst Reading of the Ordinance for Rezoning from RM-2.5 and Rl-22 to RM-6.5 on 1.54 acres; to adopt Resolution 96-149 for Preliminary Plat Approval on 1.54 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. REAUTY 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 96-150 for Comprehensive Guide Plan Change, Resolution 96-151 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution 96-152 for Preliminary Plat) Keith Ulstad, representing proponent, reviewed the project to construct a 40,000 square foot office/warehouse building. 15' EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 16 Enger said the Planning Commission reviewed the project at the August 12, 1996, meeting and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report dated August 9. He noted the area was originally reserved for office construction, hence the request for waivers in the Industrial District to be mostly office. Lambert said the Parks Commission reviewed the project at the August 19, 1996, meeting and recommended approval on a 4-0 vote, contingent on 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. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution 96-150 for Comprehensive Guide Plan Change from Office to Industrial on 6.42 acres; to adopt Resolution 96-151 for PUD Concept Amendment on 100 acres; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to 1-2 on 6.42 acres and PUD District Review with waivers on 6.42 acres; to adopt Resolution 96-152 for Preliminary Plat approval of 20.5 acres into 1 lot and 2 outlots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. Ulstad said they had originally requested an early grading permit but they probably will not be able to begin construction this fall anyway so they do not need the permit. 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 96-153 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution 96-154 for Preliminary Plat) Claude Johnson and John Dietrich, representing proponent, reviewed the request to approve a subdivision to readjust the lot line so that a lot can be sold to Starkey Labs. Enger said the Planning Commission reviewed the project at the August 12, 1996, meeting and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of August 9, 1996. The project was not reviewed by the Parks Commission. There were no comments from the audience. EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 17 Harris noted she was impressed by the quality of product and the morale of the employees when she visited Research, Inc. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to adopt Resolution 96-153 for PUD Concept Review on 26.2 acres; to approve 1st Reading of the Ordinance for Zoning District Amendment in the 1-5 Zoning District on 26.2 acres; to adopt Resolution 96-154 for Preliminary Plat approval of 26.2 acres into 2 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra- Lukens and Harris voting "aye." VU. ORDINANCES AND RESOLUTIONS A. RESOLUTION 96-155 ADOPTING 1997 PROPOSED TAX LEVY AND ACCEPTING 1997 PROPOSED BUDGET Jullie said the resolution certifies the maximum tax levy for 1997, sets the Truth- in-Taxation hearing dates for December 4, and, if necessary, December 16, 1996, and accepts the 1997 Proposed Budget that was reviewed at the Council/Staff Workshop earlier this evening. Harris asked if this is a net levy on tax capacity and a levy on market value. Jullie said the legislature made some changes a few years ago whereby certain referenda such as Park Referenda have to be spread against market value of the property whereas other tax levies go on tax capacity, which is a formula that skews the burden towards commercial property. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve Resolution 96-155 adopting the City's Proposed 1997 Property Tax Levy, setting the dates for the Truth-In-Taxation hearings, and accepting the Proposed Budget for General Operations and Tax Supported Obligations for 1997. Motion carried unanimously. B. RESOLUTION 96-156 ADOPTING mE 1997 PROPOSED WCAL TRANSIT SERVICE TAX LEVY Jullie noted the City Council has determined that the levy for transit service shall become a local responsibility because of the major benefits to the community in terms of being able to keep a substantial portion of the revenue from the transit operation. The Council is being asked to certify the proposed 1997 Net Local 1'7 EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 18 Transit Service Tax Levy and to set the dates for the Truth-In-Taxation Hearings. The budget is approved by the three-member City Board of Southwest Metro Transit. MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt Resolution 96- 156 adopting the City's Proposed 1997 Local Transit Service Tax Levy and setting the dates for the Truth-In-Taxation hearings. Motion carried unanimously. VID. PETITIONS, REQlJESTS AND COMMUNICATIONS IX. REpORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OmCERS A. REPORTS OF COUNCILMEMBERS 1. Clocks Pidcock noted the four clocks on the City water tower are showing four different times. Tyra-Lukens also noted that they are not lit up. Dietz said we believe we received a lightning strike two or three weeks ago. We have ordered surge protectors for the clocks to keep this from happening again. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES 1. TREE PRESERVATION TASK FORCE REPORT Stu Fox thanked the members of the Task Force for their work. and said they found out that things are going very well. We are actually gaining tree cover as we become more developed. Fox reviewed the September 3, 1996, report from the Task Force, noting the City Attorney suggested that several of the issues be formulated into a policy to see how they work. Those issues included the recommendation that trees be replaced with similar species, that in some cases saving masses of trees is as important as saving a few large significant trees, that there be a goal to minimize the loss of large significant trees in areas of remnant pieces of big woods, and that there be a policy and criteria established to allow a tree to be nominated for Exceptional Tree designation. Fox said both the Planning Commission and the Parks Commission have unanimously recommended Council approval of the report. 11> EDEN PRAIRIE CITY COUNCIL MINUTES September 3, 1996 Page 19 Case noted the Task Force was not part of the discussion regarding Exceptional Tree designation and asked if the designation must be part of the development project or if the designation can occur before a project is proposed. Fox said it would come with a development proposal. Case thought the Heritage Preservation Commission is eligible to designate trees as part of the CLG project. He asked if it would help to alert City residents to let Staff know about such trees so that we could begin an inventory list. Fox said we have a list that people have called in. Case suggested Staff prepare a map with the location of such trees for the Council to use when development projects come through. Pidcock asked if significant trees on projects such as the Mitchell property could have been saved had we known the size ahead of time. Fox said they did a tree survey, and 90% of the significant trees there were cottonwood, with one or two oaks and basswoods. If the trees are damaged or diseased, they are not included in the count. Thorfinnson asked if the oak tree at Research, Inc. would qualify as a significant tree. Case and Tyra-Lukens thought it should be put on the list. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Tree Preservation Task Force Report as per the Staff agenda report of September 3, 1996. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITy AND ECONOMIC DEYEWPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS xm. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 9:55 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 9-17-96 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) Albers Sheetmetal & Ventilating, Inc. Centex Homes Croix Valley Woods, Inc. Dalco Roofmg & Sheetmetal, Inc. G & S Roofing, Inc. Pulte Homes Of Minnesota Corp. . Pump & Meter Service, Inc. Keith Waters & Associates, Inc. WATER SOFTENER Minnesota Water Treatment, Inc., ON SALE LIQUOR & SUNDAY LIQUOR Rio Bravo Cantina (Approval Conditioned upon further review) CIGARETTE Rio Bravo Cantina September 17,1996 1 PLUMBING A-Trust DBA/ Aarons Plumbing Albers Sheetmetal & Ventilating, Inc. GASFITTER A-Trust DBA/Aarons Plumbing Albers Sheetmetal & Ventilating, Inc. F aircon Service HEATING & VENTILATING Albers Sheetmetal & Ventilating, Inc. F aircon Service Fairmont Plumbing & Heating Superior Heating & Air Conditioning '. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar (Rio Bravo Cantina) 09/12/96 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Clerk License Application IVA BACKGROUND -Innovative Restaurant Concepts Inc. is opening a Rio Bravo Cantina at 8335 Crystal View Rd. (Formerly Chi-Chi's Restaurant) -Innovative Concepts is owned by Applebee's International who operate hundreds of restaurants throughout the United States. -The Corporate Officers, Principal Owners and Liquor Manager include: Philip J. Hickey, Jr. George D. Shadid Robert J. Steinkamp Wayne D. Benn Lloyd L. Hill, Jr. Abraham J. Gustin Jr. Brandon D. Heinsohn (Liquor Manager) RECOMMENDATION -As of this date, the majority of the background investigation has been completed and there appears to be nothing indicating denial of the license. -It is recommended the license be approved contingent upon satisfactory completion of remaining background issues. Information Supplied by: Sergeant Al Larson Investigative Operations Police Department (September 12, 1996) 2 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-17-96 SECTION: CONSENT CALENDAR ITEM NO. "LV. 6 ' DEP ARTMENT: ITEM DESCRIPTION: Community Development Chris Enger FRASER HOMES LOT DIVISION Jean Johnson Requested Council Action: Approve minor subdivision at 8751, 8761 and 8771 Preserve Boulevard. Dividing the property into three lots. Background: Lot containing three group homes at Anderson Lakes Parkway and Preserve Boulevard to be divided into three individual lots. Supporting Reports: Memo dated September 4, 1996 Division plan MEMO TO: MAYOR AND CITY COUNCIL FROM: JEAN JOHNSON,ZONING ADMINISTRATOR THROUGH: CHRIS ENGER, DIRECTOR OF PLANNING/ASSISTANT CITY MANAGER DATE: SEPT. 4, 1996 SUBJECT: DIVISION OF LOT AND PROGRAM CHANGE FOR THE 3 GROUP HOMES IN THE PRESERVE BackiUound In 1976 Louise Witbeck Fraser School, Inc., received approval to construct 3 residential homes for the mentally retarded on one tract ofland. The land was zoned RM 6.5 and is located in the northeast comer of Anderson Lakes Parkway and Preserve Boulevard. These homes have also been referred to as the Muriel Humphrey Residences. In 1995 the homes were placed on the market as potential single family structures(no continuation of programs). The sales were to assist in the construction of group homes elsewhere in the City. The homes did not sell as single family. Present The request before the City is to do a simple subdivision of the 4 acre tract into 3 lots to facilitate the sale of each home separately. It is the staffs' understanding that lots 2 & 3 will be utilized for the A Better Chance Program(ABC). ABC is a program which provides opportunities for deserving students. Lot 1 will undergo remodeling for an Alzheimers care home. Operators for each of these programs will be responsible for obtaining any County or State approvals. The proposed lots' width, depth, size, etc., meet city code requirements. The programs outlined to the City staff appear consistent with past approvals on the site. and city code. Action The Community Development and Engineering Departments recommend approval of the subdivision according to Sec.12.60,Subd.2, of the City Code. Z P' r o ., -; F r c i ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Ilw)'. No. 101 Minnetonka. t-IN 553~5 Phone (612)474 7964 Fax (612) 474 8267 SURVEY FOR: FRASER COiVfJ1fUNITY SERVICES SURVEYED: Septembcrl9% DRAFTED: September 9, 1996 LEGAL DESCRIPTION OF ENTIRE PARCEL: Tract D, Registered Land Survey No. 1437, ilennepin County, t-,·linnesota. PROPOSED LEGAL DESCRIPTION OF NORTIIPARCEL: Thai part of Tract D, R~gistered Land Survey No. 1437, ilcnnepin County. t-,Iinnesota which lies north of the following described Line A: Beginning at a point on the wcstline llfsaid Tract 0 which lies 220.05 feet south of the northwest corner of said Tract D as measured along said west line; thence easterly to a point on the east line of said Tract D which lies 269.09 feet south of the northeast corner thereof as measured along said east line and there terminating; Subject to an easement (proposed) for drainage and utility purposes over the North. South, and East 5 feet thereof and Over the West 10 feet thereof. PROPOSED LEGAL DESCRIPTION OF SOUTHWEST PARCEL: That part of Truet D, Registered Land Sun'e)' No. 1437, ilennepin County, Minnesoto which lies south of the following described Line A: Beginning at a point on the west line of said Tract D which lies 220.05 feet south of the northwest corner of said Tract o as measured along said west line; thence easterl), to a point on the east line of said Tract D which lies 269.09 feet south of the northeast corner thereof as measured along said east line and there terminating; and which lies west of the following described Line B: Beginning at a point on the above described Linc A 62.52 fcet west of its tcrminus thcnce south to the most southerly corner of said Truct D und there tcrminating. Subject to an easement (proposed) for drainage and utility purposes ovcr the North and East 5 feet thereof and over the West 10 feet thereof. PROPOSED LEGAL DESCRIPTION OF SOUTIIEAST PARCEL: That part of Tract D, Registered Land Survey No. 1437. Ilennepin County, Minnesota which lies sOllth of the following described Line A and its easterly extension: Beginning at a point on the wcst line of said Tract [) which lies 220.05 feet south of the northwest corner of said Trac! [) as measured along said west line; thence easterly to a point on the east line of said Tract D which lies 269.09 feet south of the northeast corner thereof as measured along said east line and there terminating; and which lies cast of the following described Line 13: l3eginning at a point on the above descrihed Line .\ t)~.52 feet west of its terminus thence south to the most southerly corner of said Tract 0 and there terminating. Subject to an eascmcnt (proposed) for drainage and utility purposes over the North, East. and West 5 feel thereof and over the South 10 feet thereof. PROPOSED LEGAL DESCRIPTION OF DRIVE\\, A Y EASEMENT: That part of Tract D. Rcgistered I.and Survey No. 1437. lIennepin COUllt)'. Minnesota which lies 30 feet on both sides orthe following described Line A: Beginning at a point on the wcst line of said Tract [) which lies 220.05 feet south of the northwest corner of said Tract D as measured along said west line; thence easterly to a point on the cast line of said Trnet D which lies 269.09 feet south or the northeasl corner thereof as measured along said eastlinc and there terminating; NOTE.;, We show a proposed division of the property but recommend that you lilld out which govcrnmental agencies have jurisdiction over such a proposal and obtain their approval, if you can, before making any important decisions regarding the property. It is possible that the cit)' will require casements for drainage and utility purposes along the sides of these parcels. SCALE: ONE INCII EQUALS 30 FF:ET STANDARD SYMBOLS & CONVENTIONS: "0" Denotes 1/2" 10 pipe with plastic plug bearing State License Number 9235. set, if "0" is filled in, then denotes found iron monument. CERTIFICATION: I hereby certify that this survcy was prepared by lI1e or under 111)' direct supervision nnd thnt I am a Professional Engineer and a Professional Surveyor under the Laws of the State ofMinncsota. DECLARATION OF DRIVEWAY EASEMENT AND DRIVEWAY MAINTENANCE OBLIGATIONS THIS DECLARATION is made as of September 3, 1996, by Fraser Community Services, a Minnesota non-profit corporation ("Fraser"). RECITALS Fraser is the owner of three contiguous parcels of real property legally described in the attached Exhibits "A" (North Parce!), "B" (Southwest Parcel), and "G' (Southeast Parcel), collectively referred to as the "Parcels". All three of the Parcels use the same driveway for purposes of ingress and egress from and to Preserve Boulevard, which driveway is located on and over the area legally describe in the attached Exhibit "0" (Driveway Easement). NOW THEREFORE, Fraser hereby declares that each of the three Parcels shall hereafter be held, sold, and conveyed subject to the following easement and covenants of rights and obligations which are for the purpose of protecting the value and desirability of, and which shall run with, the Parcels and be binding on all parties having any right, title, or interest in the Parcels, their heirs, successor, and assigns, and shall inure to the benefit of each Parcel: 1 . Each Parcel is subject to a non-exclusive easement for ingress and egress over and across the Driveway Easement in favor of the owner of each of the other Parcels and their invitees, which easement is appurtenant to and runs with each of the other Parcels. 2. The owner of each Parcel will cause the driveway over the above described Driveway Easement to be maintained in a satisfactory condition to permit ingress and egress to and from the respective Parcels by both vehicular and foot traffic, which maintenance shall include, without limitation, filling, surface repair, and clearing of same of ice, snow and other impediments. 3. The cost of maintaining the driveway shall be allocated equally among the three Parcels and paid for by the owner of each Parcel within 10 business days of any such cost being incurred. 4. No owner shall be liable for the payment of the cost of any maintenance not approved by that owner, provided nevertheless that no owner shall unreasonably withhold approval of any proposed maintenance necessary to fulfill the requirements of paragraph 2 above, with any disagreement as to the necessity of any proposed maintenance being resolved through binding arbitration, the losing party paying all costs of same, including the reasonable attorneys of the prevailing party or parties. 5. For purposes of this Declaration, the term "owner" shall mean and refer to the holder of the fee simple absolute title to any of the Parcels, or any contract for deed vendee thereof, or any life tenant or lessee thereof under a lease having a term of more than three years, or any combination thereof, whether one or more persons or entities, but excluding contract vendors and others having an interest merely as security for the performance of an obligation. IN WITNESS WHEREOF, this has been executed on behalf of Fraser Community Services as of the date first above written. Fraser Community Services by __________________________ __ its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on September __ , 1996 by Diane S. Cross, the Executive Director of Fraser Community Services, a non-prOfit corporation under the laws of Minnesota, on behalf of the corporation. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) This Instrument Drafted by Alan C. Thiel ID# 108972 THIEL, CAMPBELL, GUNDERSON, ANDERSON & FRIEDMAN, P.l.l.P. 460 Southdale Office Centre 6600 France Avenue South Minneapolis, MN 55435-1810 (612) 920-8444 2 II !I Ill> . !I Ii J I ; ·HI ;\11\ :\I~lo E SlIl" E\ EXIIIUrt' ~'A" (North P~u'cel) That part of Tract IJ, Registered oLand Survey No. 1437, Hennepiu County, Minnesota which lies north () r tbe following described Line A: Beginning at a point on the west line of said Tmct D which lies 220.05 feet south of the northwest corner of said Tract D as measured along said west !.inc; thence easterly to a poiut ontJlc east line of said Tract]) which lies 269.09 feet soUt]l oftbc northeast corner thereof as measured alone said east line and there terrninating; 1 IIll 1111 :! 119·116·% 11:.!!l EXHIBIT ,c-B"iSouthwest Parcel) -----.--------_._-_. __ .". That part ofTrnct D, Registered Land SUlvey No. 1437, Hennepin County, Minnesota whieh ties soud} oft.be foHowing described Line A: BegUU'ling at a point on the west Line of said Tract D which lies 220.05 fcet south of the northwest corner of said Tract D a.s measured along said west line; thence easterly to a point on the east line of said Tract D which lies 269.09 feet. SOUdl of the nonheast comer thereof as measured along said easl line and there temlinati[)g; and which lies west of the foJ1owiIlg described Line B: Beginning at a point on the above described Line A 62.52 feet west of its terminus dlence south to the most southerly corner of said Tract D and there tenninating. (~ IIIJ.J __ --II .. lI-. ' .. 10 ... · . ..:.!I;.;;li_~I~I~:~5.:.:.1I_....£I·~·:\..l..\....!ij~·I.~ ·17·1 .'i:!(i7 EXlIIBIT "e" (Sout.heast Parcel) Tbat part of Tract D, Registered Land Survey No. 1437, Hennepin County, Miunesota which lies south of tILt'! following described Line A and its easterly extension: Beginning at a point on the west line of said Tract. 0 which lies 220.05 feet. soul.h of the northwest corner of said Tract D as measllred along said west line; thence easterly to a point 011 the east liue of said Tract D which lies 269.09 feet sOllth of the northeast corner thereof as weasured along said east line and there terminating; and which lies east of the following described Line B: Begiuning at a point on the above described Line A 62.52 feet west of iL<; lenuinus thence sonth to the most sOlltherly corner of said Tract D and there terminating. q 11iJ1I1I I 1111 . 0 ti· {Hj I I : 50 Lu ij I:: .j I .j S :.! b , ;\II\ :\t"/I. L .le H \ L \ EXI-Ilnrr (1)" (Driycw~_~a'5eJJ1entl That part ufTract D, Registered Land Slllvey No. J 437, Hennepi.n CouflLy, Minnesota whkb tics 30 feel Oll both sides of the 1()Uowing described LiIle A.: Degirming at a point Oll (lIe west line of said Trael. D which lies 220.05 feet south of the nOlthwest corner of said Tract D as measured along said west line; thence easterly to a point on the east line of said Tract D which lies 269.09 feet south of the northeast Corner thereo f (IS measured along said east line and there tennioalillg; •.. - -... -------------...... =.:..~--=-..:.::..-= 10 'IIJIIII.) • CITY COUNCIL AGENDA DATE: 9/17/96 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration Request from Eden Prairie Fire Relief rv,~ Assn. for Council Approval of By-Law Change Background The By-Laws of the Eden Prairie Fire Relief Association require Council approval of any proposed changes in said By-Laws. The Association has approved (3/14/95) and now requests Council concurrence with the following change in its By-Laws relating to its annual meeting: Article VI MEETINGS, paragraph 1: Annual meeting: "The annual meeting of the Association, for the election of Trustees and other business, shall be held on the second Thursday in February, immediately following the Fire Department's business meeting." To be changed to read: "The annual meeting of the Association, for the election of Trustees and other business, shall be held on the second Thursday in March, preceding the Fire Department's business meeting." Requested Action: Recommend Council approval of this By-Law change. Fonn clhr\councillagn-fonn.wpd Rev 12/4/95 I LANG, PAULY, GREGERSON & ROSOW, LTD. ROHEllT L LANG llOOEll A. PAULY DAVID H. GREGERSON· RICHARD F. ROSOW MARK 1. JOHNSON JOSEPH A. NILAN" TODD A. SAITLllll JENNIFEll M. INZ GI!R.AINT D. POWEU.. MlCHl!LLE L. ROGNUEN • Also Admitted in WillCClllliD ATTORNEYS AT LAW FIRST BANK PLACE 1600 IBM PARK BUILDING 650 THIRD AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402-4337 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 August 29, 1996 Eden Prairie Firefighter's Relief Association c/o Mr. Bob Listiak, Secretary 15751 North Hillcrest Court Eden Prairie, MN 55346 Re: Amendments to Association By-Laws Dear Mr. Listiak: EDEN PRAIRIE OFFICE SUIll! 370 250 PllAIRlB CENTER DlUVE EDEN PRAIRIE, MINNBSOTA SS344 TELEPHONE: (612) 829-7355 FAX: (612) 829-0713 REPLY TO MINNEAPOUS OFFICE I have received the proposed changes to the Eden Prairie Firefighter's Relief Association By-Laws. As I understand, the Association membership approved these changes as early as March 14, 1996. I assume that the proper notice was given pursuant to Article XII of the Association By-Laws and that the required voting procedures were followed in adopting the amendment. Under Article XII of the Association By-Laws, the amendment must still be approved by the Eden Prairie City Council. Subsequent approval by the City Council is not intended to make this process overly complicated. Rather, this requirement is an attempt to satisfy existing statutes governing volunteer firefighter's associations. It is not clear from the statute whether a minor procedural change such as that recently approved by the Association membership must be approved by the City Council. However, to promote consistency and to avoid any future problems, it is advisable to take this extra measure required under Article XII of the Association By-Laws. In any event, the approval by the City Council would be a routine matter accomplished fairly quickly. You should add this matter to the Council's agenda at your convenience. 2 LANG, PAULY, GREGERSON & ROSOW, LTD. Eden Prairie Firefighter's Relief Association August 29, 1996 Page 2 I have enclosed a hard copy of the By-Laws amendment in contemplation of its final approval by the Council. Please insert the revised page into your existing copies of the Association By-Laws. If you have any questions, please call. JDPlhjb Enclosure jdp\ep\epfra.1t1 Very truly yours, LANG, PAULY, GREGERSON & ROSOW, LTD. B~~ 3 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-17-96 SECTION: CONSENT CALENDAR rvO· ITEM NO. DEP ARTMENT: ITEM DESCRIPTION: Community Development Chris Enger LIL'RED GAS PUMPS Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Adoption of a Resolution for Site Plan Review on 1.49 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Resolution for Site Plan Review 2. Developer's Agreement I LIL'RED GAS PUMPS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LIL'RED GAS PUMPS BY HIAWATHA MARKETING, INC. WHEREAS, Hiawatha Marketing, Inc. has applied for Site Plan approval of Lil'Red Gas Pumps on 1.49 acres for construction of a gas pump expansion and canopy, located at Southeast comer of Valley View Road and County Road 4 within the N-Commercial Zoning District; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 22, 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 August 20, 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 Lil'Red Gas Pumps for the construction of a gas pump expansion and canopy, based on plans dated August 13, 1996, between Hiawatha Marketing, Inc. and the City of Eden Prairie. ADOPTED by the City Council on September 17, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER'S AGREEMENT Lil' Red Gas Pump Expansion THIS AGREEMENT, made and entered into as of September 17, 1996, by Hiawatha Marketing, Inc, 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 Site Plan Review on 1.49 acres, and Preliminary Plat of 1.49 acres into one lot and road right of way for construction of a gas pump expansion and canopy, all on 1.49 acres, 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 Resolution No. 96-135 for Preliminary Plat, and Resolution No. for Site Plan Review. Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in confonnance with the materials revised and dated August 13, 1996, reviewed and approved by the City Council on August 20, 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 perfonnance and observance by Developer at such times and in such manner as provided therein of all of the tenns, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. REMOV AL/SEALING OF EXISTING WELL: Prior to issuance by City of any pennit for grading or building on the Property, Developer agrees to submit to the Chief Building Official and obtain the Chief Building Official's approval of, plans for demolition and/or removal of existing structures, septic systems, and wells on the Property. Prior to such demolition or removal, Developer shall provide to the City a certified check in the amount of $1,000.00 to guarantee compliance with the approved plan. City agrees to return said certified check to Developer after it is verified by City that the structures, well, and/or septic system have been properly demolished or removed and that the Property has been restored to grade. 4. LANDSCAPE PLAN: Prior to building pennit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, weather permitting, and in accordance with the terms and conditions of Exhibit C, attached hereto. 5. EXTERIOR MATERIALS: Prior to building permit issuance, 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 construct, or 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. 6. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's approval of a final site lighting plan for the Property. All pole lighting shall consist of downcast shoebox fixtures, and canopy lighting shall consist of flush mount lighting fixtures consistent with the lighting plan as depicted on Exhibit B, attached hereto. Upon approval by the City Planner, Developer shall implement the approved lighting plan concurrent with building construction. 7. TRASH ENCLOSURE: Developer has obtained approval of a plan for the design of the outside trash enclosure for the Property, as depicted in Exhibit B, attached hereto. Said trash enclosure shall be constructed with facebrick to match the building, and heavy duty gates that completely screen the interior of the enclosure. Developer shall implement the approved trash enclosure plan concurrent with building construction. 8. FINAL ORDER NO. 96-14: Developer has obtained approval from the Board of Adjustments and Appeals for variances from City Code requirements within the Neighborhood Commercial District for lot size of 1.01 acres, and front yard setback of 17 feet, for construction on the Property as depicted in Exhlbit B, attached hereto. Said approval has been granted through Final Order #96-14, attached hereto, and made a part hereof. Developer agrees to comply with all requirements of said Final Order No. 96-14. Developer agrees to file Final Order #96-14 of the Board of Adjustments and Appeals on the Property at the Hennepin County RecorderlRegistrar prior to the building permit issuance. Prior to the release of any building permit on the property, Developer agrees to provide proof of filing to the City. 9. ACCESS: Developer reserves the right to use the driveways as they currently exist at the end of the rights of way that will be conveyed to the City and the County until such time as the City commences construction of the widening of Valley View Road, and/or the County commences construction of its planned bike path. At the times of construction, the City and the County will move the driveways to accommodate the rights of way and will regrade the new driveways so that the slopes approximate the existing driveway slopes. The Developer shall provide the temporary construction easements for the new driveway transitions at the time of road construction. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-17-96 SECTION: CONSENT CALENDAR -rV. E. ITEM NO. DEP ARTMENT: 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: • Adopt 2nd Reading of an Ordinance for Zoning District Change from C-HWY to C-REG-SER on 1.76 acres; Supporting Reports: 1. Ordinance for Zoning District Change , DEN ROAD COMMERCIAL CENTER 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 C-Hwy District and be placed in the C-Reg-Ser District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the C-Hwy District and shall be included hereafter in the C-Reg-Ser 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. 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 3rd day of September, 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 17th day of September, 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ____________ _ 2 DEN ROAD COMMERCIAL CENTER 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 Den Road and West 78th Street from C-Hwy to C-Reg-Ser on l. 76 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. Effectiye Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ______ _ (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Den Road Commercial Center Outlot A, TITUS ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-17-96 SECTION: CONSENT CALENDAR ITEM NO. IVt:· DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger RESEARCH ADDITION Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for PUD District Review on 26.1 acres and Zoning District Amendment in the 1-5 Zoning District on 26.1 acres; • Adoption of a Resolution for Site Plan Review on 26.1 acres; Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Amendment in the 1-5 Zoning District. 2. Site Plan Review , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 37-96-PUD-14-96 RESEARCH ADDITION AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, 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 amended within the 1-5 Zoning District 37-96-PUD-14-96 (hereinafter "PUD-14-96-1-5"). Amending Ordinance No. 135. Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 17, 1996, entered into between Research, Inc. and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions ofPUD-14-96-1-5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following fmdings: A. PUD-14-96-1-5 is not in conflict with the goals ofthe Comprehensive Guide Plan of the City. B. PUD-14-96-1-5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-14-96-1-5 are justified by the design ofthe development described therein. D. PUD-14-96-1-5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the 1-5 District and shall be included hereafter in the Planned Unit Development 14-96-1-5, and the legal descriptions ofland in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of September, 1996, and finally read and adopted and ordered published in sunnnat)' form as attached hereto at a regular meeting of the City Council of said City on the 17th day of September, 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _______________ _ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 37-96-PUD-14-96 RESEARCH ADDITION AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, 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: Surnmaty: This ordinance allows amending of land located at Flying Cloud Drive within the 1- 5 Zoning District on 26.1 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D, Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ______ _ (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Research Addition Legal Description: -_a EXISTING LAND DESCRIPTION TRACT I That part of the So~theast Quarter of the Northeast Quarter of Sectian 1, Township 116. Range 22. lying South of the North line of State Highway No. 169 and 212 and West of a I ine drown frem the Southeast corner of the West One-hal f of said Southeast Quarter of the Northeast Quarter of Section 1 to a point ?43:5 feet Westerly at right angles frem the East line of the said .. ' North~as~ Quarte~ o~ said Sect ion 1 on a I ine of the foll?wing·.· .. descrIption: BegInning at the East Quarter corner of Sectlon...;r;. .. ~,c thence Narth 6 degrees 17 minutes .35 seconds West along the·tesf> line of said Northeast Quarter of said Section 1 a disten.c·e·.,,_o"£~-::;:;( 1501.75 feet to a point which is 1435.60 feet Southerly a~lo/lffj~j? .. ~~;'~ said East I ine of said Northeast frem the Northeast corner"·of.'i .. /I':~!; Section 1. thence South 43 degrees 31 minutes 25 seconds West~I;~~~ 226.9 feet. thence South 58 degrees 00 minutes 25 seconds.'wes"f-,m;z; 180.46 feet. thence South 78 degrees 00 minutes 25 seconds~W~s't,~~ 155.6 feet. thence South 88 degrees 40 minutes 25 seconds Wesf:;';~::~: 182.6 feet: thence South 85 degrees .35 minutes West 70.83 feet'to': a point which is 7<1.3.5 feet West rrecsured at right angles frcm:':::' the East line of said Northeast Quarter of said Sect-ion 1; .... TRACT II That part of the Northeast Quarter of Section 1. TownShip 116, . Range 22. described as follows: Beginning at the Southwest cor·ner of the East Quarter of said Northeast Quarter. thence East 686.47 feet to the East Quarter corner of said Sectio~ 1. thence North 6 degrees 17 minutes 35 seconds West along the East I ine of said Northeast Quarter a distance of 1501.75 feet to a point which is 1435.60 feet Southeriy clang said East i ine of said Northeast Querter frem (he Northeast cerner of said Section 1. thence Scuth 43 degrees 31 minutes 25 seconds West 226.9 feet. thence South 58 degrees 00 mi nutes 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. rr.easured at right angles. frem the East line of said Nor theast Quar tel". thence South 9 degrees 12 mi nutes East. 1206.12 feet to the pO'int of beginning. except that port thereof lying North of. ttJe North I ine of State Highway 159 and 212. and except, that port which lies Easterly of a tine 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 p;u,outhwesterI Y and southerly of the following descr:ibed Line 2: inning at the Northeast corner of Section 1, Township 115, i'1fl"ge 22; thence. South 87 degrees 24 minutes 02 seconds East a £4;istance of 88.S. feet; thence Sbuth 00. degrees 45 minutes 42 seconds a distance East a distance of 2950.28 feet; thence South 89 degrees 14 minutes 18~~econds West a distance of 136.0 feet to the actucl ~ornt· of b~ginning of Line 1; thence North 00 degrees 45 mfnutes42 seconds West a distance of 1069.4 feet to the terminationaf 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 dtstance Clf .361.03 feet and there terminating. according tn· the Goverm'ent Survey thereof. . For the purpose of this description of lines 1 and 2 •. the East: I ine:o f the Nodheast Quarter: of the aforesaid Section 1 shall be designated as having on assUTed bearing of North 04 degrees 19 minutes 05 seconds .. West. 5 --_ .. __ ._--------------------_ ...... RESEARCH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR RESEARCH ADDITION BY RESEARCH, INC. WHEREAS, Research, Inc. has applied for Site Plan approval of Research Addition on 26.1 acres for approval of a subdivision into 2 lots and expansion of the parking area into 272 parking spaces located at Flying Cloud Drive to be zoned within the 1-5 Zoning District by an Ordinance adopted by the City Council on September 3, 1996; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 12, 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 September 3, 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 Research, Inc. for the construction of a subdivision into 2 lots and expansion of the parking area into 272 parking spaces, based on plans dated August 27, 1996, between Research, Inc., and the City of Eden Prairie. ADOPTED by the City Council on September 17, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-17-96 SECTION: CONSENT CALENDAR ITEM NO. iV.G. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger STARING LAKE TOWNHOMES -PHASE II Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Rezoning from Rural to RM-6.5 on 35.58 acres and PUD Review on 35.58 acres; • Approve a Resolution for Site Plan Review on 35.58 acres; • Approval of a Supplemental Developer's Agreement. Supporting Reports: 1. Zoning Ordinance 2. Resolution for Site Plan Review 3. Supplemental Developer's Agreement I STARING LAKE TOWNHOMES -PHASE II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 38-96-PUD-14-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject ofthis 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 RM-6.5 Zoning District 38-96-PUD-15-96 (hereinafter "PUD-15-96-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Supplement to Developer's Agreement dated as of September 17, 1996, entered into between Pu1te Homes, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-15- 96-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following fmdings: A. PUD-15-96-RM-6.5 is not in conflict with the goals ofthe Comprehensive Guide Plan of the City. B. PUD-15-96-RM-6.5 designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-15-96-RM-6.5 are justified by the design of the development described therein. D. PUD-15-96-RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-15-96-RM-6.5 and the legal descriptions ofland in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of August, 1996, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of September, 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ________________ , 3 Legal Description staring Lake Townhc::m:s -Phase II Exhibit A • GUIDE PLAN, ZONING, PRELIMINARY PLAT, SITE PLAN -PHASE 2 Guide Plan -Medium Density Zoning -RM 6.5 That part of Outlot E, RESEARCH FARM 2ND ADDITION, and that part of Out/ots 8 and C, RESEARCH FARM 3RD ADDITION, according to the record plats thereof, Hennepin County, Minnesota, lying westerly of Line A, hereinafter de- scribed, and northwesterly of the following described line: Commencing at the southwest corner of said Outlot C; thence North 30 de- grees 55 minutes 20 seconds West along the westerly line of said Outlot C 131.20 feet; thence continuing along said westerly line North 30 degrees 04 minutes 20 seconds West 357.60 feet; thence continuing along said westerly line North 9 degrees 33 minutes 20 seconds West 106.00 feet; thence con- tinuing along said westerly line North 21 degrees 16 minutes 05 seconds West 28.53 feet to the point of beginning of said line to be described; thence North 77 degrees 41 minutes 26 seconds East 219.74 feet; thence North 37 degr~es 03 minutes 26 seconds East 269.25 feet; thence South 54 degrees 45 minutes 19 seconds East 171.05 feet; thence North 39 degrees 44 minutes 03 seconds East 170.97 feet; thence North 89 degrees 35 minutes 04 seconds East 257.23 feet to the intersection with said Line A and there terminating. Line A: Commencing at the northeast corner of Outlot E, RESEARCH FARM 2ND ADDI- TION, according to the record plat thereof, Hennepin County, Minnesota; thence South 89 degrees 36 minutes 30 seconds West 510.50 feet to the point of begin- ning of said line to be described; thence southwesterly 665.61 feet along a curve to the right having a central angle of 41 degrees 49 minutes 44 seconds and a ra- dius of 911.73 feet, the center of said curve bears South 87 degrees 19 minutes 06 seconds West from the point of beginning; thence South 39 degrees 08 min- utes 50 seconds West tangent to last curve 220.18 feet; thence southerly 783.02 feet along a tangential curve to the left having a central angle of 82 degrees 33 minutes 30 seconds and a radius of 543.42 feet; thence South 43 degrees 24 min- utes 40 seconds East tangent to last curve 513.39 feet; thence southerly 207.30 feet along a tangential curve to the right having a central angle of 45 degrees 44 minutes 30 seconds and a radius of 259.66 feet to the south line of Outlot C, RE- SEARCH FARM 3RD ADDITION, according to the record plat thereof, Hennepin County, Minnesota, and there terminating LJ STARING LAKE TOWNHOMES -PHASE II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 38-96-PUD-15-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SUlll1llalY: This ordinance allows rezoning of land located at Anderson Lakes Parkway and Staring Lake Parkway from Rural to RM-6.5 on 35.58 acres and PUD District Review on 35.58 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. Effectiye Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ______ _ (A full copy of the text of this Ordinance is available from City Clerk.) STARING LAKE TOWNHOMES -PHASE II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR STARING LAKE TOWNHOMES -PHASE II BY PULTE MASTER BUILDERS WHEREAS, Pulte Master Builders has applied for Site Plan approval of Staring Lake Townhomes - Phase II on 35.58 acres for construction of 196 units located at Anderson Lakes Parkway to be zoned RM-6.5 by an Ordinance adopted by the City Council on August 20, 1996; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 12, 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 August 20, 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 Pulte Master Builders for the construction of 196 units, based on plans dated August 13, 1996, between Pulte Master Builders, and the City of Eden Prairie. ADOPTED by the City Council on September 17, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk (1) .. & STARING LAKE TOWNHOUSES -PHASE II SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO AGREEMENT, made and entered into as of September 17, 1996 by PULTE HOMES OF MINNESOTA, INC. a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the parties desire to amend the Developer's Agreement between PUL TE HOMES OF MINNESOTA, INC. and the City of Eden Prairie for Pulte Homes of Minnesota, Inc., dated August 6, 1996, (The "Developer's Agreement") for that portion of the Property legally described in Exhibit A, attached hereto and made a part hereof (The "Property"). NOW THEREFORE, in consideration ofthe City adopting Ordinance No. 38-96-PUD-1S- 96, Developer covenants and agrees to construction upon, development, and maintenance of the Property as follows: 1. Developer shall develop the Property in conformance with the materials revised and dated August 6,1996, reviewed and approved by the City Council on August 20, 1996 and in conformance with the materials reviewed and approved September 17, 1996, attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of "Developer" under the Developer's Agreement, except as inconsistent with or amended by this Supplement. 7 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/17/96 N SECTION: Consent Calendar ITEM NO. 1JI. ' DEPARTMENT: Parks, ITEM DESCRIPTION: Tax Forfeited Lands Recreation and Facilities Stuart A. Fox --m Attached is a list received from Hennepin County Certified as Non Conservation Classification List 942-NC. These properties have been pronounced tax forfeit to the State of Minnesota for non payment of property taxes. As provided in State Statue 282, Hennepin County has requested The City to make a recommendation as to the disposal of these three land parcels. The City can either approve the parcels for public auction, approve the parcels for sale to the adjacent property owner, withhold the properties from auction for one year, or request conveyance of the property to the City for public use. The list of three parcels of property is described as follows: Parcel PIN Description Pending Specials I 04-116-22-31-0066 Outlot A, Edenvale 14th Addition 0 2 04-116-22-34-0091 Outlot A, Massee Addition 0 3. 06-116-22-22-0096 Outlot B except HWY, Hidden Glen 3rd o BACKGROUND: The staff has reviewed these three parcels and has looked at the potential use of the parcels for public purposes. The staff feels that all three of these parcels do have use for public purposes and they would be as follows: Parcel #1 is a parcel that was created during Edenvale 14th Addition; however, it was of insufficient size and frontage as a lot. This parcel could be combined with the unplatted property to the west at some future time. Parcel #2 is a parcel ofland adjacent to Outlot G of Eden vale 3rd Addition. Outlot G has a City well house and a mini park located on it. Parcel #3 is a parcel ofland adjacent to Highway 101 and runs parallel to the highway right-of-way at the 101 curve adjacent to the ChanhassenlEden Prairie border. Staff recommends that since each of these parcels is desired to have some form of public ownership, the most prudent way of handling them is as follows: 1 Parcels #1 and #2 request conveyance of these two parcels of forfeited land to the City of Eden Prairie for inclusion in our public open space. Parcel #1 may be given back to the County at some future date for sale when the John Anderson property submits a development plan. Parcel #2 would be included as a contiguous portion of Outlot G and would add to the area already controlled for the public open space in the Edenvale area. Parcel #3 is being currently sought by the Hennepin County Right-of-Way Department as future right-of- way in conjunction with the expansion of Highway 101, west of Dell Road. Staff would recommend that the City Council encourage that the County Land Right-of-Way Department pickup this parcel ofland to incorporate it in the future roadway plans. RECOMMENDATION: City staff recommends that the City Council approve the resolution authorizing the disposal of these three parcels as outlined in this memo. SAF:mdd T ax.memo/Stu96 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the" County of Hennepin Non- Conservation List 942-NC, which lists 3 (three) properties in said municipality which have become property of the State of Minnesota for non payment of real estate taxes, (list attached), and WHEREAS, provided in Minnesota Statute 282, the City Council is asked to determine the disposal of these parcels of land, and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of these parcels in the following way: • The 3 (three) properties be classified as non-conservation land. • The following parcels be conveyed to the City of Eden Prairie for parkland purposes: PIN 06-116-22-31-0066 PIN 14-116-22-31-0091 with no pending specials with no pending specials • The following parcel be conveyed to Hennepin County for roadway purposes: PIN 14-116-22-22-0096 with no pending specials ADOPTED by the City Council of the City of Eden Prairie this 20th day of February 1996. Jean L. Harris ATTEST: John D. Frane, City Clerk SEAL TaxResiStu Property ID Number Conservation = C NER Property Address Target .-_ .. ---------------------------- PA~LI 11299 04-116-22-31-()066 No Address Unassigned N Vacant Land 'PA~~ z... 11300 04-116-22-34-()091 No Address Unassigned N Vacant Land Pt\fZtEL "3 11302 06-116-22-2H096 No Address Unassigned N Vacant Land --.--.-.~- ..J::::. LOTUS\LIST942-NC \ 8 /8 /96 LIST 942-NC CONSERVATION & NON-CONSERVATION LANDS PREVIOU S OWNER LEGAL DESCRIPTION ... EVON PRAIRIE ro 11 Edenvale Association Outlot AEdenvale 14th Addition Edenvale Association Ou tlot A Ma ssee Addition " Frontier Midwest Homes Corp Outlot B ex HWYHidden Glen 3rd DATE ------.. --- 6/20/96 6/20/96 6/20/96 BUILDING LAND MARKET 0 $1,000 $1,000 0 $1,000 $1,000 0 $12,600 $12,600 SPECIAL ASSESSMENTS --.. ~--.. ~ .. -_ .. -_ .. - 0 0 0 Ss,,'.l> . .q, ~5'1! • ~,@~h/JP4£~ re ~ ~ II) OL G § ( 1 ) -:: -~ .$~,@ 4,@,@h '" ... ... :: . . :: ... :"::::: ...... I (3) -, ------, \.~ ~--.. Ii'-:' i~ \ l~ (2) \ 11.1\ 91,89 ~ g ::: a: ... c:: ,.. z 8 9 (22) '75 a (2 1 ) · .... 5 5 ( 18) '75 , ( 17) "5 3 eo. g ('6) 11.1\· 0 '75.' 7"0 '5 8S. :0 S 1/4 COR SEC 31 T 1'7 R"_ 1945.09 RES 10 ( 23) '3 ® DATE: 09/17/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IvI, SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Declaring Costs to be Assessed and Ordering Preparation of Special Jim Richardson Assessment Rolls and Setting Hearing Date Recommended Action: Approve resolution declaring costs to be assessed and ordering preparation of special assessment hearing rolls and setting hearing date. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 1996 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project cost, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW, TIlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The cost of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and he shall fIle a copy of such proposed assessment in the office of the Deputy Clerk for public inspection. 3. A hearing shall be held on the 15th day of October, 1996 in the Eden Prairie City Center, 8080 Mitchell Road, at 7:30 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. He shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 17, 1996. Jean L. Harris, Mayor ATTEST SEAL John D. Frane, Clerk ---~ I.C. 93-5334 I.C. 96-5396 I.C. 96-5402 SUDDlementaIs I.C.52-166 I.C.52-203 I.C.52-205 I.C. 52-212 ~ I.C. 94-5360 I.C.52-166 I.C. 52-203 I.C.52-205 I.C.52-212 I.C. 94-5360 ! EXHIBIT A 1996 SPECIAL ASSESSMENTS September 17, 1995 PROJECTS Sewer Improvements to Outlot E Markham Knolls Addition Street & Utilitv Improvements on Kurtz Lane Demolition of Structure at 8510 Franlo Road Trunk Sewer and Water Trunk Exclusions -SummitIMeadowvale Trunk Exclusions -Staring Lane/Rid~e Road Trunk Exclusions -Sunrise Circle Trunk Exclusions -Cedar Rid~e/Corral Lane Trunk Exclusions -Golden Rid~e Drive Lateral Exclusions -SummitlMeadowvale Lateral Exclusions -Starin~ LanelRid~e Road Lateral Exclusions -Sunrise Circle Lateral Exclusions -Cedar Rid2e1Corral Lane Lateral Exclusions -Golden Rid~e Drive City & Metro SAC S.S.A. SAC/WAC S.S.A. Storm Sewer S.S.A. Storm Sewer S.S.A. Storm Sewer S.S.A. Lift Station , Tax Forfeiture Weed & Tall Grass Total Cost City Funds Amt to be Assessed 22710.00 181 170.00 9 100.00 135 480.00 11 960.00 12 120.00 2600.00 4380.00 1 560.00 169371.99 119429.20 27994.20 84946.93 17319.00 1 420.00 175260.00 8000.00 1500.00 1 500.00 8S 000.00 62978.99 120.00 DATE: 09/17/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV J. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Fraser Charlson Jeffrey Jobnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Fraser Charlson subject to the following conditions: • Receipt of engineering fee in the amount of $250 • Receipt of street lighting fee in the amount of $374 • Satisfaction of bonding requirements for the installation of public utilities • The requirements as set forth in the Developer's Agreement Background: This project, by Fraser Community Services, Inc. consists of platting 4.3 acres into three lots and two outlots. The property lies between Pioneer Trail and County Road No.1. The three lots lying north of County Road 1 will be developed into six townhouse style units. The preliminary plat was approved April 19, 1994. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed May 17, 1994. JJ:ssa cc: Fraser Community Services, Inc .. 2400 West 64th, Minneapolis, MN 55423 Advance Surveying and Engineering Company, J CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF FRASER CHARLSON WHEREAS, the plat of Fraser Charlson 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 Fraser Charlson is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 10, 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 17, 1996. Jean L. Harris, Mayor ATIEST: SEAL John D. Frane, Clerk 2 1."::'~'I'J,"I~".'-IM.I. • .&Sti .. ·" ••• ,"". ''In ... ''1111U-., ---Ii'" --. . . I I I I I I ie I Ii- I ~C I '. I I I I I I I DATE: 09/17/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: Iv. k' . SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Mitchell Village 1st Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Mitchell Village 1st Addition and authorize the Mayor and City Manager to sign the plat on behalf of the City as property owners, subject to the following conditions: • Receipt of engineering fee in the amount of $2,720 • Receipt of street lighting fee in the amount of $3,037 • Receipt of street sign fee in the amount of $760 • Fee requirements as set forth in the Developer's Agreement • Satisfaction of bonding requirements for the installation of public utilities Background: This project, located at the southeast corner of Mitchell Road and Anderson Lakes Parkway consists of 41 acres to be divided into ten lots, containing 68 townhouse units, five outlots and right-of-way dedication for street purposes. The underlying property for Outlots B, D~ and E have previously been gifted to the City for preservation purposes. Outlot C will be developed as the second phase of this townhouse project. The preliminary plat was approved July 2, 1996. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed August 20, 1996. JJ:ssa cc: Ryan Giddeon, Centex Corporation Dwight Jelle, Westwood I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF MITCHELL VILLAGE 1ST ADDmON WHEREAS, the plat of Mitchell Village 1st 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 Mitchell Village 1st Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 10, 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 17, 1996. Jean L. Harris, Mayor ATIEST: SEAL John D. Frane, Clerk 2 I~ l:t 1($ 10 IQ I III! I~ CfttOl:l «'~ ---;-..,,:;;;~,./ ~~"JG ... ~_J AII""\II/nnu I'VVJ~/Uo..JV r I LJ~"='LJ "';..L.I h/I-I' J ·~~ftIO:.';""IO"""''-''­"''''~W.IOH''W~'''''''-",~ -I- .IIOUGDI' " .IS, A!Qt00U.,. I -~---' ·7·'='LJ ..... 111111 I ,-" "'/..1.." , o :-/A"/I411\H.J 'u "';..J..I V .. :U r..J..(~ v C v il I 1&" .~ I '( + ( I ) t )' :t C) } !~ i:: 1: ~: . g l~ it '1 ~ ji !; $; ~ H ~1 t .... i .. ~ •• Y) !, \ ~ ~ ..... ;::! c." ~ :) ~ ~"'..:: .~ ..... 2~ iii ""-~ '. '. "" '-'-.-. i ~~ .1 r-'J p~ S) t~ ~.:: I,; -.... " t}-LIJ l;A; r_ ih -I' I!! !.A '----------- .. !l ~~ ~ ) .... - ~ i ~ \ 7rll"" J 'l' .....--s~......,., __ .. IOII$ev:'o ...--,~ .... ,.~..-...,,o .... -,"\ , Q I II ~ ~ ~ ~ ! '1 !i " r-) -~ ~ t ~ ',J /' ----T-------- 'J ~i '> ': r* ; j Q. " n( :iii! I 0-'-t ~1 f. !l t ...,>; ., --------,~ 1 \', Ii " Ii r 4 OlZ N " ~ il ~ ] -E oli % :~ ~ "l ,~ ;1 i li 8 .. " ~ il • I~ I~ tl! \1 H ~ l~ • !~ § ~l ~J i! V) t- II ;< :\ ~'~ ~ f: G:: ~.i . ·C -- 0 " ~~ ~ I ;::: V I l< I ~c "-i EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/17/96 SECTION: Consent Calendar ITEM NO. IV,L. ---r------------------------------------~--------~~--~I DEPARTMENT: Parks, ITEM DESCRIPTION: Recreation d -";'::=-T-'==::-Approve Bids for Pheasant Woods Play Structure Barbara Cross RECOMMENDATION: Staffrecornmends awarding the play structure bid for $30,000.00 to Minnesota Playground Inc. BACKGROUND: Last July, I met with residents from the Pheasant Woods Neighborhood to discuss new play equipment scheduled for their neighborhood park. The residents described a wide age range of children who use the park and wanted a large variety of activities for play. Specifications were prepared, advertised, opened and reviewed. We received four bids from major play equipment suppliers. All bids were for the maximum $30,000 budget amount but deviated in the type and number of play events. The Park Manager, park maintenance staff responsible for playground safety, and a neighborhood resident helped evaluate bids. Gametime represented by Minnesota Playground Inc., scored highest on the evaluation form. It was a unanimous decision that this piece of play equipment was the best value for the money. FINANCIAL CONSIDERATIONS: The money for this project will come from the cash park fees. This project was included in the five-year capital improvement program and scheduled to be replaced in 1996. 1 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: Sept. 17,1996 SECTION: PUBLIC HEARINGS ITEM NO. V,A. DEP ARTMENT: ITEM DESCRIPTION: Community Development Chris Enger TIRES PLUS Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1 st Reading of an Ordinance for Zoning District Amendment in the Commercial Regional Service District on 1.15 acres and PUD District Review on 1.15 acres; • Approve a Resolution for PUD Concept Review on 19 acres. Background: The Planning Commission voted unanimously to approve the proj ect at the August 26, 1996 meeting with the condition that a 4 foot wide canopy be placed over the service doors. The plan'in your packet showsthe canopy. The staff recommends approval. Supporting Reports: 1. Resolution for Planned Unit Development Concept Review 2. Staff Report dated August 23, 1996 3. Planning Commission Minutes dated August 26, 1996 4. Correspondence I TIRES PLUS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF TIRES PLUS FOR TIRES PLUS WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (pun) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Tires Plus PUD Concept by Tires Plus 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 17, 1996; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Tires Plus, 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 Pun Concept approval as outlined in the plans dated September 10, 1996. 3. That the Pun Concept meets the recommendations of the Planning Commission dated July 22, 1996. ADOPTED by the City Council of the City of Eden Prairie this 17th day of September, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk LEGAL DESCRIPTION PROPOSED TIRES PLUS PARCEL LAND DESCRIPTION Exhibit A Proposed Lot 1, Block 2, EDEN GLEN, more particularly described as follows: Those parts of Lots 18 and 19 "Auditors Subdivision Number 335, Hennepin County, Minnesota, according to the recorded plat thereof, described as follows: Beginning at the intersection of the South line of Eden Road and the West line of State Trunk Highway No. 169; thence South 0 degrees, 22 minutes, 15 seconds West, assumed bearing, along the west line of said State Trunk Highway No. 169 a distance of 175 feet; thence South 89 degrees, 08 minutes, 35 seconds West a distance of 24.22 feet; thence northerly a distance of 122.04 feet along a tangential curve, concave to the west having a radius of 281.25 feet; to the south line of Eden Road; thence easterly along said south line to the point of beginning. Said tract contains 1.15 acres, more or less. STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner August 23, 1996 Tires Plus Yaggy Colby Associates North Central Food Systems, Inc. Eden Road and Glen Road 1. PUD Amendment Review on 19 acres. 2. PUD District Review on 1.15 acres. 3. Zoning District Amendment in the Commercial Regional Service District on 1.15 acres. 4. Site Plan Review on 1.15 acres. 1 ! TH 5T. P~:AIR!E Staff Report Tires Plus August 23, 1996 BACKGROUND This site is part of the original 19 acre Eden Glen Planned Unit Development. This site is the existing Hardee's Restaurant. The property is currently guided Commercial and zoned Commercial Regional Service. A Tires Plus store is a permitted use. SITE PLAN The project is an enlargement ofthe existing Hardee's building. The proposed building size is 8,176 square feet. The building area ratio is . 16. The Commercial Regional Service Zoning District would allow up to a .20 base area ratio. The building meets the required 35 foot front yard setback from Eden Glen Road, Eden Road, and Highway 169-212. The building also meets the required 20 foot sideyard setback requirement. The site plan shows a total of 33 parking spaces which meets city code for this use. If the building is converted to another use in the future, the site plan can accommodate an additional 25 parking spaces. ARCHITECTURE The building meets the 75% facebrick and glass requirement. A requirement for auto related uses is to screen 75% of the view ofthe overhead doors. The proposal is to use existing landscaping and glass doors that are recessed. After visiting a similar store in Apple Valley staff is not confnccd that this approach to screening will work. The staff recommends a 4 foot extension of the wall above the doors. This could be brick, stucco or a metal canopy similar to JiffY Lube. LANDSCAPING The landscape plan meets city code. UTILITIES There is existing sanitary sewer and water on site. ST AFF RECOMMENDATIONS The staff would recommend approval of the Planned Unit Development Concept Review, Planned Unit Development District Review, Zoning District Amendment in the C-Regional Service Zoning District, and Site Plan Review based on plans dated August 23, 1996 and subject to the recommendations ofthe staff report dated August 23, 1996, and subject to the following conditions: 1. Prior to City Council review, the proponent shall: A. Revise the architectural elevations to provide a 4 foot extension of the wall above the overhead doors. 2. Prior to Building Permit issuance, the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. C. Submit a landscaping and screening bond for review. D. Submit detailed storm water runoff. utility and erosion control plans for review by the Watershed District. E. Submit detailed storm water runoff. utility and erosion control plans for review by the City Engineer. 1 PLANNING COMMISSION MINUTES Monday, August 26, 1996 Page 3 C. TIRES PLUS by Tires Plus. Request for PUD Amendment Review on 19 acres, PUD District Review on 1.15 acres, Zoning District Amendment in the Commercial Regional Service District on 1.15 acres and Site Plan Review on 1.15 acres. Location: Eden Road and Glen Road. Ron Fiscus, Planner with Yaggy Colby Associates, Rochester, MN, representing Tires Plus, reviewed the project. Some of the issues which were raised included the appearance of the overhead doors, and staffhad recommended a canopy over them to reduce their visual impact. He noted they wished to move as quickly as possible and he reviewed the plans and the changes they wish to make to the property and still retain the character of the neighborhood. They made the architectural changes with the showroom facing toward Highway 169 to attract customers. The wanted to continue with the same architectural features which exist in the neighborhood presently. He discussed the garage doors which will be opaque for the most part except for a few glass panels. They do not agree with staff that there should be a canopy over the garage doors but they will do whatever the Planning Commission directs on this issue. They raised the wall above the doors about four feet to lessen the visual impact and maintain the perspective ratio of the tower with the rest of the building. He discussed the heights of the tower with those of surrounding buildings and he requested they be allowed to have a monument sign rather than a pylon sign which they believe will be more in keeping with the neighborhood characteristics. They will also do some landscaping around the sign and enhance its appearance. They requested the Planning Commission to approve their request because they believe the proposed use is most suited to this site. Sandstad commented the site plan does not show the monument sign mentioned by the proponent, and inquired where it would be located. Fiscus responded they propose to locate it 60 feet from Highway 169 and there is a substantial grade change in this area and they will have to work with that. Sandstad inquired if all four sides of the pylon would have the logo on them and Fiscus responded there will be a logo on three sides of the sign. Habicht commented he was concerned about the turning radius from the northwest bays and Fiscus responded there will be at least 30-31 feet which should be adequate to facilitate turning for even larger vehicles. Mike Diamond, the manager of Tires Plus, stated that only employees will be allowed to drive cars into and out of the bays. This will be the relocation of an existing store which is presently located in the Lariat Center close to Applebees. Ismail asked what "super-store" meant and Diamond responded that it was a marketing tool and means that there is more service available in the bays and they sell more tires on site. Only tires are sold at this location, and they do not work on engines or anything else. Clinton inquired about waste storage and disposal and Fiscus responded that there was a trash enclosure on the site which was inadequate and they planned to replace it with one of a proper size to meet their needs. Clinton asked about the monument PLANNING COMMISSION MINUTES ~onday,i\ugust26, 1996 Page 4 sign and why they could not add "Tires Plus" to the tower of the building. Fiscus responded that the tower will not be visible from Highway 169 and the sign on the pylon will give people a means of identifYing the business from a distance. Clinton commented that the visibility from Highway 1-494 was good but he could see that it would be impeded from Highway 169. He asked about timing and Fiscus responded that once the City Council approved their application they will apply for a building permit and begin construction as soon as possible. Franzen reviewed the staff report and discussed the issue of the architectural treatment ofthe overhead doors and other ways in which this visual impact might be reduced. Staff believes that more needs to be done to de-emphasize the doors prior to City Council review. The Public Hearing was opened. No one present wished to speak. Foote commented he would like to see some type of visual mitigation of the overhead doors. Ismail stated initially he was uncomfortable with the project in this neighborhood but after listening to the proponent he supported it as long as they maintained the character of the area. Habicht commented he supported the project if the proponent would maintain the glass and a canopy over the garage doors. Sandstad stated he supported the staff recommendation, and Clinton concurred. MOTION: Foote moved, seconded by Habicht, to close the Public Hearing. Motion carried 5-0. MOTION: Foote moved, seconded by Habicht, to recommend to the City Council approval ofthe request of Tires Plus for PUD i\mendment Review of 19 acres, PUD District Review on 1.15 acres, Zoning District i\mendment in the Commercial Regional Service District on 1.15 acres, and Site Plan Review on 1.15 acres, based on plans dated i\ugust 19, 1996, and subject to the recommendations of the Staff Report dated i\ugust 23, 1996 including the stipulation that the proponent revise the architectural elevation to provide a 4 foot extension of the wall above the overhead doors. Motion carried 5-0. q 0'---1_ Minnosola Copar"""nl ofTransportalion ; ~ ------------------------------------------------------------~1' ~i Metropolitan Division o,,~ Waters Edge 1500 West County Road 82 Roseville, MN 55113 Aug 7,1996 Micheal Franzen City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr Franzen: SUBJECT: Tires Plus Site Plan Review S96-053 SW Quad. TH 169/TH 212 and Eden Rd Eden Prairie, Hennepin County CS 2744 The Minnesota Department of Transportation (MnIDOT) has reviewed the Tires Plus site plan. We find the plan acceptable for further development with consideration of the following comments. • Access to the site has been located in an appropriate location. MnDOT Right-of-Way Section has noted that TH 169 and Eden Road are under full access control and no access would be permitted to these roadways. • MnDOT Survey Section requests that the MnDOT right-of-way be identified on the site plan. If there are any questions concerning this issue please contact leffHoffstrom at 797- 3108. • MnDOT Water Resource Section's review recommends that drainage for this site must not drain into TH 212 or TH 169. Please direct all questions to Bonnie Peterson at 797- 3054. • Any use of or work within MnlDOT right of way will require an approved MnlDOT permit. The permit required depends upon the nature of the proposed work. William Warden of our permits section may be contacted at 582-1443/7 for further information regarding the permit process. An equal opportunity employer }O Mr. Franzen August 7, 1996 page two Please contact me at 582-1387 if you have any questions regarding this review in general. c: Yaggy Colby Associates II EDEN PRAIRIE CITY COUNCIL AGENDA DATE: Sept. 17, 1996 SECTION: PUBLIC HEARINGS ITEM NO. V-8, DEP ARTMENT: ITEM DESCRIPTION: Community Development Chris Enger EDEN HILLS TOWNHOMES 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 RM-6.5 on 5.18 acres; • Approve a Resolution for Preliminary Plat. Background: The Planning Commissionreconnnended unanimous approval of the project at its August 26, 1996 meeting. A reconnnendation of the Staff Report was for the proponent to meet with the Engineering Department and Parks Department prior to Council review, to resolve the location for the proposed sidewalk along the north and east side ofFranlo Road. This is due to a number of existing site constraints within the road right of way, including: telephone poles, fire hydrants, and a retaining wall. City Staff is currently working with the proponent on this issue, which should be resolved prior to 2nd Reading. Supporting Reports: 1. Resolution for Preliminary Plat 2. Staff Report dated August 23, 1996 3. Planning Commission Minutes dated August 26, 1996 J EDEN IDLLS TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN HILLS TOWNHOMES FOR ZACHMAN DEVELOPMENT CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the prelim.inaty plat of Eden Hills Townhomes for Zachman Development Corporation dated September 10, 1996, consisting of 5.18 acres into 21 lots and road right-of-way, 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 17th day of September, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk ST AFF REPORT TO: FROM: THROUGH: DATE: SUBJECT: APPLICANT: FEE OWNERS: LOCATION: REQUEST: Planning Commission Scott A. Kipp, Senior Planner Michael D. Franzen, City Planner August 23, 1996 Eden Hills Townhomes Zachman Development Corporation Ken and Rita Nygard, Charles and Carol Blesener, Almeda Karsko, Ron and Marjorie Rishauy Franlo Road, west of Eden Commons Apartments 1. Zoning District Change from Rural to RM-6.5 on 5.18 acres. 2. Site Plan Review on 5.18 acres. 3. Preliminary Plat of 5.18 acres into 21 lots and road right of way. !...UNDS C:'=:~TER ADD . . . : . .. ... -:-:.:-'. .' .. . ' ..... Eden HilJs Townhomes Staff Report August 23,1996 BACKGROUND The Guide Plan identifies this site as High Density Residential land use for up to 17.4 units per acre. The property is currently zoned Rural. Surrounding land uses consist of Lund's Center to the north, Eden Commons Apartments at 15.7 units per acre to the east, Lake Edenview Townhomes at 3 units per acre to the south, and Eden Hills Condominiums at 11 units per acre to the west. SITE PLAN/PRELIMINARY PLAT The request is to rezone the property from Rural to RM-6.5 and to subdivide the 5.18 acre site into 21 multi-family units, consisting of two and three unit buildings served by a private road. The density of the project is 4.64 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 16% with a floor area ratio at 18%. Code would permit up to a 20% BAR and a 40% FAR in the RM-6.5 District. All buildings meet 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. Driveways for the units vary between 20 feet and 70 feet in length, providing ample parking for visitors. The preliminary plat depicts 21 lots. City code permits a minimum lot size of 6,000 sq. ft. for one lot, and at least 13,000 sq. ft. for the total building site in the RM-6.5 district. Lots 2, 15, and 20 do not meet the minimum lot size, and will require variances from the Board of Adjustments and Appeals. Each of these lots are for the center unit of a tri-plex building. Since all lots in the project average over 8,500 sq. ft. for the project, and the total combined lot area for each building exceeds 13,000 sq. ft. required by code, the variances have merit and have been approved by the City for other town home developments. GRADINGIDRAINAGE The property rises from an elevation of 840 feet near the southeast comer, to 890 feet at the northwest comer. There are numerous trees on the property consisting mainly of spruce, pine, and ash. The majority of the site will require alteration due to the significant grade change across the property. Clusters of existing trees will be preserved, however, the majority of the existing vegetation will be removed. The City Forester has inspected the trees on the property, and has determined that they are part of a maintained landscape, therefore, are not considered significant as defined by City code. Road grade maximum is proposed at 7%. City code permits up to an 8% grade. All site drainage will be treated by a NURP pond located in the southeast comer of the property. 5 Eden Hills Townhomes Staff Report August 23, 1996 UTILITIES Sanitary sewer and water is available to this site with connection to existing lines located along Franlo Road. ACCESS A single access is proposed along the curve of Franlo Road, opposite the entrance to the Eden Hills Condominiums. The 28 foot wide road will be private, and will be constructed to City standards. The Engineering Department has reviewed the access location, and finds the site distance acceptable. However, to provide maximum site distance, an easement is required near the access to protect the area from encroachment of any potential obstructions, such as fences, landscaping, or berming. All existing curb cuts and aprons will need to be removed concurrent with site construction. ARCHITECTURE A combination of rambler, lookout, and walkout buildings are proposed. Two different architectural designs are proposed based on unit model. Building materials will consisit of wood or vinyl siding, and face brick. LANDSCAPING The landscape plan indicates 355 caliper inches of plant material, meeting the requirements of city code. New, and relocated evergreen trees will provide buffering from the land uses to the north and east. The plan will need to be revised to relocate the proposed plantings from the driveway entrance at Franlo Road for protection of site distance. PEDESTRIAN SYSTEM An existing five foot concrete sidewalk terminates at the easterly property line of this site along Franlo Road. A new five foot concrete sidewalk is proposed to be extend along Franlo Road. Due to some utility locations and an existing retaining wall close to this sidewalk, final alignment of the sidewalk will need to be resolved with the Engineering Department and Parks Department prior to City Council review. RECOMMENDATIONS Staff would recommend approval of the Zoning District Change from Rural to RM-6.5 on 5.18 acres, Site Plan Review on 5.18 acres, and Preliminary Plat of 5.18 acres into 21 lots and road right of way, based on plans dated August 23, 1996, this report, and the following: 1. Prior to City Council review, the proponent shall: Eden Hills Townhomes Staff Report August 23, 1996 A. Revise the landscaping plan relocating the plantings from the site line easement area. B. Determine final alignment of the proposed public sidewalk with the Engineering Department and Parks Department. 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 6,000 sq. ft. for lots 2, 15, and 20. 3. Prior to final plat approval, the proponent shall: A. Submit detailed stonn water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Submit a site line protection easement document to the City Engineer for his review, and to be recorded with the final plat. 4. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the drip line of all trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 5. 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. 1 PLANNING COMMISSION MINUTES Monday, August 26, 1996 Page 2 B. EDEN HILLS TOWNHOMES by Zachman Development Corporation. Request for Zoning District Change from Rural to RM-6.5 on 5.18 acres, Site Plan Review on 5.18 acres and Preliminary Plat of 5.18 acres into 21 lots and road right-of-way. Location: Franlo Road, west of Eden Commons Apartments, south of Lund's Center Arne Zachman presented the proposal to construct 21 units noting that each unit would have a varied exterior design as most people prefer their homes to have some distinction from their neighbors home. Sandstad inquired about the plans for the end units and whether they would be the same and what the units would consist of. Zachman described the floor plans which would be in the end units. Kipp presented the staff report noting staff recommended approval subject to the criteria in the staff report. He noted there will be a private roadway built to City standards within the development. Three lots within the tri-plex units do not meet the minimum lot standards and will need approval from the Board of Adjustments and Appeals. However, staff believes these variances have merit, and will recommend they be granted. Ismail asked how far the lots were below the lot area requirements and Kipp responded this occurred because the units were the central units and the wall width defined the lot lines. Staff is looking at the ordinance to see of it should be changed to accommodate this particular feature of construction. Clinton asked if the proponents had submitted sight distance renderings and met the distances required. Kipp responded affmnatively, noting that there is sight distance beyond the easement line. Habicht inquired about the grade of 8% and whether it would be too steep. Kipp commented that there are many roads in Eden Prairie with a similar grade, and staff believed this would be adequate. Sandstad commented the landscape plans submitted were not accurate and Kipp noted staff recommended that several plantings be moved from the easement area. The Public Hearing was opened. Charles Blesner, 18381 Cattail Court, stated he believed it was important this project be approved and he was in support of the proposal. Sandstad stated he was concerned with the lot which has the deck that is very close to the interior courtyard and the street coming in, and he believed it might be too tight in this area. Zachman responded that there was only one other way to design this and the alternative would be to put in the deck as a patio. They endeavored to keep the decks on the same level as the kitchen to facilitate outdoor cooking and dining. Kipp stated it would be approximately 12 feet from the private roadway surface but he believed there were other instances similar to this in Eden Prairie. Zachman commented they could only reduce the size so far because they believed the decks had to be 12' X 12' to be viable. PLANNING COMMISSION MINUTES Monday, August 26, 1996 Page 3 MOTION: Habicht moved, seconded by Sandstad, to close the Public Hearing. Motion carried 5-0. MOTION: Habicht moved, seconded by Sandstad, to recommend to the City Council approval of the request of Zachman Development Corporation for Zoning District Change from Rural to RM-6.5 on 5.18 acres, Site Plan Review on 5.18 acres and Preliminary Plat of 5.18 acres into 21 lots and road right-of-way based on plans dated August 23, 1996, and subject to the recommendations of the Staff Report dated August 23, 1996. Motion carried 5-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims 9-17-96 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI Checks No. 45261 thru 45686 ActionlDirection: Approve payment of claims. I COUNCIL CHECK SUMMARY WED, SEP 11, 1996, 8:23 AM DIVISION TOTAL N/A $1.50 GENERAL SERVICES $16,214.62 BENEFITS $60,695.15 DATA PROCESSING $9,304.31 CITY MANAGER $75.61 FINANCE $1,596.22 HUMAN RESOURCES $1,977.92 COMMUNITY SERVICES $6,275.68 SOCIAL SERVICES $4,475.00 ENGINEERING $1,701. 75 INSPECTIONS $3,087.51 FACILITIES $7,049.97 ASSESSING $162.36 CIVIL DEFENSE $105.94 POLICE $26,230.57 FIRE $2,544.43 PARK ADMIN $13,464.89 STREETS & TRAFFIC $258,192.52 PARK MAINTENANCE $16,083.56 STREET LIGHTING $45,272.06 FLEET SERVICES $27,775.25 ORGANIZED ATHLETICS $6,949.61 COMMUNITY DEVELOP $1,053.75 COMMUNITY CENTER $19,745.08 YOUTH RECREATION $4,426.45 SPECIAL EVENTS $1,357.55 ADULT RECREATION $2,837.46 RECREATION ADMIN $390.11 ADAPTIVE REC $2,699.49 OAK POINT POOL $28.00 PUBLIC IMPROV PROJ $158,163.00 DEBT SERVICE PAYMENTS $2,326.25 SPECIAL ASSESSMENTS $244,586.41 CITY CENTER $28.11 SW METRO TRANSIT $6.76 SPECIAL REVENUE FUNDS $9,275.00 PRAIRIE VILLAGE $103,198.15 PRAIRIEVIEW $124,495.46 PRESERVE $63,020.78 WATER DEPT $349,182.79 SEWER DEPT $5,116.30 STORM DRAINAGE $10,544.81 AGENCY FUNDS $15,127.00 EQUIPMENT $15,112.35 ADA $1,474.00 $1,643,431.49* COUNCIL CHECK REGISTER WED, SEP 11, 1996, 8:23 AM CHECK NO CHECK AMOUNT VENDOR $29.85 BELLBOY CORPORATION $13,890.00 DAY DISTRIBUTING $18,551.60 EAST SIDE BEVERAGE COMPANY BEER 6/12 BEER 6/12 BEER 6/12 DESCRIPTION 45261 45262 45263 45264 45265 45266 45267 45268 45269 45270 45272 45273 45276 45277 45278 45279 45280 45281 45282 45283 45284 45285 45286 45287 45288 45289 45290 45291 45292 45293 45294 45295 45296 45297 45298 45299 45300 45301 45302 45303 45304 45305 45306 45307 45308 45309 45310 45311 45312 45313 45314 45315 45316 45317 45318 $9,840.50 $569.80 $499.65 $65.50 $24,437.65 $850.00 $3,765.72 $16,684.00 $105,186.75 $47.74 $150.00 $314.95 MARK VII BEER 6/12 $9,161. 60 $18.00 $54.00 $18.50 $21. 00 $172.00 $7.50 $50.00 $3.50 $4.00 $26.00 $74.00 $103.16 $6.00 $12.50 $141.11 $10.00 $10.50 $8.00 $55.00 $28.00 $28.00 $10.00 $145.00 $54.00 $71. 00 $21. 00 $6.00 $3.50 $45.00 $27.00 $56.20 $64.12 $28.00 $145.00 $80.00 $71.00 $71.00 $71.00 $142.00 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PEPSI COLA COMPANY PHILLIPS WINE AND SPIRTS INC THORPE DISTRIBUTING BARBER ASPHALT CONTRACTING MINNEGASCO MINNESOTA DEPT OF HEALTH NORTHERN STATES POWER COMPANY PETTY CASH SMITH & WESSON ACADEMY US WEST COMMUNICATIONS XlMAGE CORPORATION ANNE BYRNE ARDIS & ROBERT MCCARTHY BARBARA CHACKO BEN WALKER BETTY BORNS BEV MARTIN CAROL AOKI CAROLINA VILLANOZ CHARLES & PHILLIS HEATH CHRISTINA SHERMAN CINDY ANDERSON COURTNEY FREIMUTH DALA URAN DEAN PELTON DEBORAH SEVERSON DIANE JOHNSON DIXIE QUINN DORTHY BOWERS ELAINE HAGEN ELAINE SMITH ELIZABETH DUNHAM ELVIRA PACKER ERIC VAN DEN HEUVEL ESTER & HAROLD MARQUARDT GENE WOELFFER GUY MUNDALE HARRIET BOLLIG HONG TAING JILL CLEVELAND JUDY BATCHELDER JUDY BOURASSA KATHRYN CARPENDER KAY NORMAN KELLY KLOCEK KIM LARISH KRISTIN FRUEN LAUREN BROWN LINDA MILLER LYNNE KOESTER MISC TAXABLE BEER 6/12 BEER 6/12 CONTRACTED REPAIR & MAINT GAS MISCELLANEOUS ELECTRIC OPERATING SUPPLIES-GENERAL SCHOOLS TELEPHONE OTHER EQUIPMENT LESSONS/CLASSES SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES LESSONS/CLASSES SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES SPECIAL COMMUNITY EVENTS LESSONS/CLASSES SR CITIZENS/ADULT PROG FEES SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES LESSONS/CLASSES SR CITIZENS/ADULT PROG FEES ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES ADULT/YOUTH/OUTDOOR CTR PROG ADULT NON-RESIDENT MEMBERSHIP LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG PROGRAM PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 WATER SYSTEM MAINT WATER TREATMENT PLANT WATER SYSTEM SAMPLE SEWER LIFTSTATION ACTIVITY CAMP POLICE GENERAL POLICE POOL LESSONS ADULT PROGRAM POOL LESSONS POOL LESSONS SPORTS/SPECIAL CAMPS SENIOR CENTER PROGRAM POOL LESSONS POOL LESSONS SENIOR CENTER PROGRAM ICE ARENA DAY CAMP DAY CAMP YOUTH TENNIS SENIOR CENTER PROGRAM FITNESS CLASSES ADAPTIVE RECREATION POOL LESSONS SENIOR CENTER PROGRAM ADULT PROGRAM POOL LESSONS OAK POINT LESSONS SENIOR CENTER PROGRAM SPECIAL EVENTS/TRIPS SENIOR CENTER PROGRAM SPORTS/SPECIAL CAMPS SENIOR CENTER PROGRAM SUMMER SKILL DEVELOP POOL LESSONS ARTS CAMP ADULT PROGRAM DAY CAMP COMMUNITY CENTER ADMIN POOL LESSONS SPECIAL EVENTS/TRIPS DAY CAMP DAY CAMP DAY CAMP DAY CAMP SPECIAL EVENTS/TRIPS COUNCIL CHECK REGISTER WED, SEP 11, 1996, 8:23 AM CHECK NO CHECK AMOUNT 45319 45320 45321 45322 45323 45324 45325 45326 45327 45328 45329 45330 45331 45332 45333 45334 45335 45336 45337 45338 45339 45340 45341 45342 45343 45344 45345 45346 45347 45348 45349 45350 45351 45352 45353 45354 45355 45356 45357 45358 45359 45360 45361 45362 45363 45364 45365 45366 45367 45368 45369 45370 45371 45372 45373 $71. 00 $71.00 $22.00 $474.00 $9.50 $56.20 $86.00 $100.00 $82.00 $74.00 $7.50 $43.00 $18.00 $12.00 $50.00 $71.00 $24.50 $56.00 $7.00 $74.00 $15.60 $8.00 $50.00 $130.20 $8.00 $967.60 $66.12 $251. 53 $50.00 $430.00 $540.00 $10.69 $55.00 $14.88 $6.00 $220.73 $50.00 $128.30 $2,288.32 $662.81 $13,890.00 $18,551.60 $350.00 $8,295.50 $23,385.63 $545.55 $4,317.12 $60,687.40 $332.00 $227.42 $1,912.50 $35.00 $3,190.84 $44,440.15 $249.00 VENDOR MARSHA TRAYNOR MARTHA DWORAK MARTHA HO MAUREEN HENDERSON MERLEEN MENTZER OLGA FRIEDMAN PATSY ANDERSON PATTY PETERSON PAULA MCGOUGH RANDI USHER RUTH FRIEHE SANDRA FREY SUE UNDESTAD SUSAN GRADY SUZANNE MARSHALL TAMMY KLITZKE TAMMY MCMAHON TERRI TOMLINSON THANH HOANG THERESE LLASEY THERESSA ANDERSON UTE MILKE VALERIE GOSERUD VALERIE WALSH WAYNE KUNO AROMAS CATERING BRENDA UTING CARL J JULLIE ELVIN SAFETY SUPPLY INC EMMETT J STARK EMMETT J STARK GLENN JOHNSON R J AHMANN CO ROD MACRAE SHERI JAIYESIMI US POSTMASTER VIRTUAL UNIVERSITY ENTERPRISES ANOKA CO GOVT CTR CANADA LIFE ASSURANCE COMPANY CARVER CO CHILD SUPPORT UNIT DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY FEDERAL RESERVE BANK OF MPLS GREAT WEST LIFE AND ANNUITY HEALTH PARTNERS HENNEPIN COUNTY SUPPORT AND I.C.M.A. RETIREMENT TRUCT-457 MEDICA CHOICE MINN STATE RETIREMENT SYS MINNESOTA DEPT OF REVENUE MINNESOTA MUTUAL LIFE MINNESOTA TEAMSTERS CREDIT UNI PRUDENTIAL INS CO OF AMERICA-C PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT DESCRIPTION ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES OPERATING SUPPLIES-GENERAL USE OF PERSONAL AUTO MEETING EXPENSES HOMEWARD HILLS BLDG RENTAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL STARING LAKE BUILDING RENTAL OPERATING SUPPLIES-GENERAL SPECIAL COMMUNITY EVENTS POSTAGE HOMEWARD HILLS BLDG RENTAL GARNISHMENT WITHHELD DISABILITY IN EMPLOYERS GARNISHMENT WITHHELD BEER 6/12 BEER 6/12 BOND DEDUCTION DEFERRED COMP COBRA COSTS/REV GARNISHMENT WITHHELD DEFERRED COMP COBRA COSTS/REV DEFERRED COMP GARNISHMENT WITHHELD DEFERRED COMP CREDIT UNION LIFE INSURANCE EMPLOYERS PERA WITHHELD LIFE INSURANCE W/H PROGRAM DAY CAMP DAY CAMP POOL LESSONS DAY CAMP SENIOR CENTER PROGRAM ACTIVITY CAMP DAY CAMP ICE ARENA POOL LESSONS DAY CAMP SENIOR CENTER PROGRAM POOL LESSONS SUMMER SKILL DEVELOP DAY CAMP POOL LESSONS ACTIVITY CAMP POOL LESSONS POOL LESSONS POOL LESSONS SPORTS/SPECIAL CAMPS SUMMER SKILL DEVELOP SENIOR CENTER PROGRAM ICE ARENA DAY CAMP SENIOR CENTER PROGRAM TASTE OF PRAIRIE SENIOR CENTER PROGRAM IN SERVICE TRAINING SPECIAL EVENTS ART & MUSIC ART & MUSIC FIRE SPECIAL EVENTS ACTIVITY CAMP ADAPTIVE RECREATION SENIOR CENTER PROGRAM SPECIAL EVENTS FD 10 ORG FD 10 ORG FD 10 ORG PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 FD 10 ORG FD 10 ORG BENEFITS FD 10 ORG FD 10 ORG BENEFITS FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG COUNCIL CHECK REGISTER WED, SEP ll, 1996, 8:23 AM CHECK NO CHECK AMOUNT 45374 45375 45376 45377 45378 45379 45380 4538l 45382 45383 45384 45385 45386 45387 45388 45389 45390 4539l 45393 45394 45395 45396 45397 45398 45399 45400 45402 45403 45405 45407 45408 45410 454ll 45420 4542l 45422 45423 45424 45425 45426 45427 45429 45430 4543l 45432 45433 45434 45435 45436 45437 45439 45440 4544l 45442 45444 $l42.50 $l84.00 $2,505.00 $l,420.00 $240.00 $50.00 $l87.32 $32.00 $5,l84.00 $28.00 $90.00 $l7,090.08 $l25.00 $l,lOO.OO $2l6.00 $l40.00 $505.39 $5,879.66 $500.00 $5,380.5l $6,720.50 $469.89 $l,671.95 $4,l33.35 $54,4l6.68 $46,114.l6 $229.90 $2,908.23 $3l,239.04 $8,758.l8 $l7,114.45 $51. 95 $703.59 $l,060.00 $50.00 $35.00 $355.00 $25.00 $55.00 $2,758.69 $l,550.00 $50.00 $236.56 $647.70 $35.00 $355.00 $20.00 $25.00 $91,967.58 $2,965.9l $55.00 $25.00 $2,758.69 $5,879.66 $35.00 VENDOR PUBLIC EMPLOYEES RETIREMENT AS UNITED WAY AWWA CITY OF EDEN PRAIRIE DAWN CARDARELLE DEPARTMENT OF AGRICULTURE HOLIDAY INN HOTEL & SUITES I C M A JASON-NORTHCO L.P. #l BRENDA HAFNER L M H R C ATTN J MCPARTAND LAKELAND INC M S S A ATTN: KATHY WARREN MINNESOTA STATE FAIR MN DEPT OF PUBLIC SAFETY MN SECTION AWWA MN VALLEY ELECTRIC COOPERATIVE NORTHERN STATES POWER CO REAL ESTATE EQUITIES SUPPLEES 7 HI ENTERPRISES INC UNITED PROPERTIES US POSTMASTER BELLBOY CORPORATION EAGLE WINE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LEHMANN FARMS PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THE WINE COMPANY WORLD CLASS WINES INC WATERPRO SUPPLIES CORPORATION FIELDWORKS HENNEPIN COUNTY TREASURER INTL CONFERENCE OF BLDG OFFICI MINNESOTA PRIMA PETER MARA US POSTMASTER WATERPRO SUPPLIES CORPORATION FIELDWORKS GREG MEYERS HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER INTL CONFERENCE OF BLDG OFFICI LAW INFORCEMENT OPPORTUNITIES MINNESOTA PRIMA NORWEST BANK MN N.A. OFFICE DEPOT PETER MARA TWIN CITY AREA LABOR MGMT COUN US POSTMASTER US WEST COMMUNICATIONS WEST SUBURBAN COLUMBUS CREDIT DESCRIPTION PERA WITHHELD UNITED WAY WITHHELD DUES & SUBSCRIPTIONS MISCELLANEOUS OTHER CONTRACTED SERVICES LICENSES & TAXES MEETING EXPENSES DUES & SUBSCRIPTIONS REPAIR & MAINT SUPPLIES LESSONS/CLASSES OPERATING SUPPLIES-GENERAL IMPROVEMENT CONTRACTS CONFERENCE DEPOSITS BIKE REGISTRATIONS CONFERENCE ELECTRIC TELEPHONE HOPE LOAN RECEIVABLE CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES POSTAGE MERCHANDISE FOR RESALE WINE IMPORTED MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE WINE DOMESTIC BEER CASES MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE WINE DOMESTIC WINE IMPORTED SMALL TOOLS STARING LAKE BUILDING RENTAL CONFERENCE CONFERENCE CONFERENCE STARING LAKE BUILDING RENTAL POSTAGE EQUIPMENT PARTS STARING LAKE BUILDING RENTAL STARING LAKE BUILDING RENTAL LICENSES & TAXES CONFERENCE CONFERENCE DUES & SUBSCRIPTIONS CONFERENCE FEDERAL TAXES W/H OFFICE SUPPLIES STARING LAKE BUILDING RENTAL CONFERENCE POSTAGE TELEPHONE CREDIT UNION s FD lO ORG FD lO ORG PROGRAM WATER UTILITY-GEN $l,420 5YRS 8t 2l-ll6-22-34-00 ACCESSIBILITY LIME SLUDGE WATER UTILITY-GEN IN SERVICE TRAINING PRAIRIE VILLAGE LIQUOR #l POOL LESSONS COMMUNITY SERVICES MARKETCENTER STREETS CAPE IN SERVICE TRAINING ESCROW FD lO ORG WATER UTILITY-GEN BEARPATH LIFT STATION WATER UTILITY-GEN HOPE LOAN PROGRAM PRESERVE LIQUOR #2 PRAlRE VIEW LIQUOR #3 COMMUNITY BROCHURE PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #l PRAIRIE VILLAGE LIQUOR #l WATER SYSTEM MAINT SPECIAL EVENTS IN SERVICE TRAINING IN SERVICE TRAINING IN SERVICE TRAINING SPECIAL EVENTS COMMUNITY SERVICES WATER METER REPAIR SPECIAL EVENTS SPECIAL EVENTS PARK MAINT IN SERVICE TRAINING IN SERVICE TRAINING POLICE IN SERVICE TRAINING FD lO ORG HUMAN RESOURCES SPECIAL EVENTS IN SERVICE TRAINING COMMUNITY SERVICES WATER UTILITY-GEN FD lO ORG COUNCIL CHECK REGISTER WED, SEP 11, 1996, 8:23 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 45445 45446 45447 45448 45449 45450 45451 45452 45453 45455 45456 45457 45458 45459 45460 45461 45462 45463 45464 45465 45466 45467 45468 45470 45471 45472 45473 45474 45475 45476 45477 45478 45479 45480 45481 45482 45483 45484 45485 45486 45487 45488 45489 45490 45491 45492 45493 45494 45495 45496 45497 45498 45499 45500 45502 $48.00 $48.00 $48.00 $25.00 $110.00 $8,120.00 $875.00 $95.20 $681. 97 $20.00 $950.00 $1,865.60 CIRCUS PIZZA CIRCUS PIZZA CIRCUS PIZZA COMMISSIONER OF TRANSPORATION GOVERNMENT TRAINING SERVICE HAYMAKER CONSTRUCTION MAAO CONFERENCES ATTN P KNUTSO RUTTGERS SUGAR LAKE LODGE SISINNI FOOD SERVICE TWIN CITIES ARMA WEST SUBURBAN COLUMBUS CREDIT 20TH CENTURY PLASTICS SPECIAL EVENTS FEES SPECIAL EVENTS FEES SPECIAL EVENTS FEES OPERATING SUPPLIES-GENERAL CONFERENCE SYSTEM ACCESS-WATER CONFERENCE CONFERENCE MISCELLANEOUS USE OF PERSONAL AUTO CREDIT UNION PRINTING $98.00 AAA LAMBERTS LANDSCAPE PRODUCT REPAIR & MAINT SUPPLIES $76.17 AARDVARK BALLOONS ADVERTISING $15,112.35 ABM EQUIPMENT AND SUPPLY COMPA AUTOS $78.09 $97.86 $54.50 $10.00 $3,019.84 $41,682.77 $238.26 $2,740.14 $307.00 $167.25 $225.78 $167.15 $20.68 $14,027.00 $441. 98 $69.71 $65.53 $1,915.83 $74.54 $310.29 $66.84 $941.59 $649.65 $40.00 $1,032.80 $432.78 $391. 39 $1,757.75 $170.11 $35.92 $2,191.21 $315.00 $2,641.97 $860.00 $667.22 $216.19 $821. 53 $218.76 $1,164.81 $108.00 ACTION THREADED PRODUCTS AIM ELECTRONICS ALLIED FIRESIDE ALTA MECH ALTERNATIVE BUSINESS FURNITURE AMERICAN LIBERTY CONSTRUCTION AMERICAN LINEN SUPPLY COMPANY AMERICAN PAGING OF MN AMERICAN SPEAKER AMERICAN WATER WORKS ASSOCIATI AMERIDATA INC ANCHOR PAPER COMPANY AQUA ENGINEERING INC REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES MECHANICAL PERMIT CASH OVER/SHORT FURNITURE & FIXTURES OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL TELEPHONE TRAINING SUPPLIES TRAINING SUPPLIES FURNITURE & FIXTURES OFFICE SUPPLIES REPAIR & MAINT SUPPLIES ARTHUR ANDERSON LLP DEPOSITS ASPEN REACH EQUIPMENT COMPANY EQUIPMENT RENTAL ASTLE FORD EQUIPMENT COMPANY IN EQUIPMENT PARTS AUTO ELECTRIC SERVICE OF BLOOM CONTRACTED REPAIR & MAINT AVR INC BATTERIES PLUS BAUER BUILT TIRE AND BATTERY BECKER ARENA PRODUCTS INC BELLBOY CORPORATION BENIEK LAWN SERVICE BENJAMIN HIGGINBOHAN BERGIN AUTO BODY INC BIFFS INC BILL CLARK OIL CO INC BLOOMINGTON PARKS & REC BRO-TEX INC BROADWAY AWARDS BRYAN ROCK PRODUCTS INC CALC TYPE OFFICE EQUIPMENT CAPITOL COMMUNICATIONS CARLSON COUNSELING AND CONSULT CATCO CLUTCH & TRANSMISSION SE CEI CENTRAIRE INC CHAD SEWICH CHANHASSEN BUMPER TO BUMPER CHRIS JESSEN BUILDING MATERIALS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS REPAIR & MAINT SUPPLIES MISC NON-TAXABLE OTHER CONTRACTED SERVICES WAGES PART TIME CONTRACTED REPAIR & MAINT WASTE DISPOSAL REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT NEW CAR EQUIPMENT EMPLOYEE ASSISTANCE EQUIPMENT PARTS REPAIR & MAINT SUPPLIES CONTRACTED BLDG MAINT OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS OTHER CONTRACTED SERVICES PROGRAM SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS ENGINEERING DEPT IN SERVICE TRAINING UTILITY RESERVE IN SERVICE TRAINING IN SERVICE TRAINING IN SERVICE TRAINING IN SERVICE TRAINING FD 10 ORG INSPECTION-ADM STORM DRAINAGE COMMUNITY SERVICES P/W REVOLVING FUND WATER TREATMENT PLANT ICE ARENA FD 10 ORG FD 10 ORG ENGINEERING DEPT MILLER PK K3 2 PRAIRIE VILLAGE LIQUOR #1 CITY MANAGER FIRE WATER SYSTEM MAINT INSPECTION-ADM GENERAL PARK MAINT ESCROW STREET MAINT EQUIPMENT MAINT EQUIPMENT MAINT MILLER PARK CIVIL DEFENSE EQUIPMENT MAINT ICE ARENA PRAIRIE VILLAGE LIQUOR #1 PARK MAINT COMMUNITY SERVICES EQUIPMENT MAINT PARK MAINT WATER TREATMENT PLANT ADAPTIVE INTERGRATED EQUIPMENT MAINT POOL SPECIAL EVENTS SEWER SYSTEM MAINT FIRE EQUIPMENT MAINT BENEFITS EQUIPMENT MAINT SEWER SYSTEM MAINT PRESERVE LIQUOR #2 DAY CAMP EQUIPMENT MAINT SOFTBALL COUNCIL CHECK REGISTER WED, SEP 11, 1996, 8:23 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 45503 45504 45505 45506 45507 45508 45509 45510 45511 45512 45513 45514 45515 45516 45517 45518 45519 45520 45521 45522 45523 45524 45525 45526 45527 45528 45529 45530 45531 45532 45533 45534 45535 45536 45537 45538 45539 45540 45541 45542 45543 45544 45545 45546 45547 45548 45549 45550 45551 45552 45553 45554 45555 45556 45557 $375.00 $231.00 $62.43 $46.80 $168.49 $81.17 $36.60 $203.37 $16,453.47 $89.60 $363.34 $18.00 $23.50 $118.11 $305.70 $468.00 $2,235.00 $1,838.78 $731. 79 $329.61 $60.00 CITY OF EDINA CITY OF EDINA CLARK BOARDMAN CALLAGHAN CO 2 SERVICES CONNEY SAFETY PRODUCTS COPY EQUIPMENT INC CULLIGAN-METRO CUMMINS NORTH CENTRAL INC CUTLER-MAGNER COMPANY CYNTHIA LANENBERG o C HEY COMPANY DAN LARSON DANYS TAILOR DEALER AUTOMOTIVE SERVICES INC DELEGARD TOOL CO DONALD SCHWARTZ DPC INDUSTRIES INC EARL F ANDERSON EASTMAN KODAK CO EDEN PRAIRIE FORD EDEN PRAIRIE NEWS CONST TESTING-SOIL BORING OTHER CONTRACTED SERVICES DUES & SUBSCRIPTIONS CHEMICALS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL WATER SOFTNER EQUIPMENT PARTS CHEMICALS USE OF PERSONAL AUTO OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES CLOTHING & UNIFORMS EQUIPMENT PARTS EQUIPMENT PARTS OTHER CONTRACTED SERVICES CHEMICALS SIGNS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL $255.00 EDEN PRAIRIE SCHOOL DISTRICT N OTHER CONTRACTED SERVICES $173.96 $9,243.14 $162.00 $308.11 $1,926.25 $408.96 $8.94 $45.00 $2,965.29 $275.00 $269.50 $470.03 $5,858.37 $126.00 $105.00 $412.10 $107.00 $79.88 $11,268.49 $222.09 $180.00 $1,053.75 ELVIN SAFETY SUPPLY INC ESS BROTHERS & SONS INC EUGEN R ELLEFSON FILTRATION SYSTEMS FIRST TRUST NATL ASSOC FISHER SCIENTIFIC FLEXIBLE PIPE TOOL COMPANY REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES PAYING AGENT OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES GALAXY COMPUTER SERVICES CONTRACTED REPAIR & MAINT GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES GARY DIETHELM GE CAPITAL GENERAL OFFICE PRODUCTS COMPAN GOODYEAR COMMERCIAL TIRE & SER GOPHER STATE ONE-CALL INC GOVT FINANCE OFFICERS ASSOC GROVE NURSERY CENTER OTHER CONTRACTED SERVICES CONTRACTED EQUIP REPAIR OFFICE SUPPLIES TIRES OTHER CONTRACTED SERVICES DUES & SUBSCRIPTIONS OPERATING SUPPLIES-GENERAL HACH COMPANY OPERATING SUPPLIES-GENERAL HANDICAPPED DRIVING SYSTEMS IN TRANSPORTATION HANSEN THORP PELLlNEN OLSON HARMON AUTOGLASS HARRY ORTLOFF HENNEPIN COUNTY TREASURER PROFESSIONAL SERVICES CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL $399.38 HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL $570.47 $893.65 $58.51 $400.00 $159.75 $8,500.00 $201.42 $100.00 $213.08 $49.52 HOFFERS INC HYDRAULIC SPECIALTY CO INDUSTRIAL LIGHTING SUPPLY INC INFRATECH INLAND TRUCK PARTS COMPANY INSTITUTE FOR MN ARCHAEOLOGY INTERSTATE DETROIT DIESEL INC IPMA JEFFREY CORDES JENNIFER HARLOW OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT EQUIPMENT PARTS OTHER CONTRACTED SERVICES EQUIPMENT PARTS DUES & SUBSCRIPTIONS USE OF PERSONAL AUTO OPERATING SUPPLIES-GENERAL PROGRAM WATER SYSTEM SAMPLE ADAPTIVE INTERGRATED WATER UTILITY-GEN POOL MAINTENANCE WATER SYSTEM MAINT PARK MAINT OUTDOOR CTR-STARING LAKE EQUIPMENT MAINT WATER TREATMENT PLANT FIRE INSPECTION-ADM SOFTBALL POLICE EQUIPMENT MAINT EQUIPMENT MAINT SOFTBALL WATER TREATMENT PLANT TRAFFIC SIGNALING GENERAL EQUIPMENT MAINT ADAPTIVE RECREATION ADAPTIVE RECREATION ICE ARENA STORM DRAINAGE SOFTBALL WATER TREATMENT PLANT CITY CENTER DEBT FD WATER TREATMENT PLANT SEWER SYSTEM MAINT INFORMATION SYSTEM ICE ARENA CEMETARY OPERATION SR CTR OPERATIONS WATER UTILITY-GEN EQUIPMENT MAINT WATER SYSTEM MAINT IN SERVICE TRAINING MILLER PARK WATER TREATMENT PLANT ACCESSIBILITY OLYMPIC HILL DRAINAGE EQUIPMENT MAINT SOFTBALL COMMUNITY DEVELOPMENT PARK MAINT ROUND LAKE EQUIPMENT MAINT WATER TREATMENT PLANT SEWER SYSTEM MAINT EQUIPMENT MAINT 95 CLG GRANT 053-95-1815F EQUIPMENT MAINT IN SERVICE TRAINING TREE DISEASE AFTERNOON PLAYGROUND COUNCIL CHECK REGISTER WED, SEP ~~, ~996, 8:23 AM CHECK NO CHECK AMOUNT 45558 45559 45560 4556~ 45562 45563 45564 45566 45567 45568 45569 45570 45571 45572 45573 45574 45575 45576 45577 45578 45579 45580 4558~ 45582 45583 45584 45585 45586 45588 45589 45590 4559~ 45592 45594 45595 45596 45597 45598 45599 45600 4560~ 45602 45603 45604 45605 45606 45607 45608 45609 456~0 45611 456~2 45613 45614 45615 $1,299.00 $50.00 $2~6.00 $7,506.46 $3~.06 $561.84 $849.98 $~,~6~.2~ $289.00 $1,715.86 $383.40 $2,~66.~5 $~O, 307.71 $~72 .4~ $116.50 $65.75 $54,897.50 $660.00 $~36.00 $56~.00 $92.~2 $~2,725.67 $~50.96 $~9.54 $288.30 $3,830.25 $28.11 $68~.05 $755.88 $~30.23 $373.0~ $2~8.06 $282,701.40 $73.44 $42.~3 $669.53 $42.60 $~,54~.59 $20.00 $200.20 $~69.65 $240.30 $890.77 $335.00 $~3.46 $47,748.98 $~9~.37 $400.00 $45.00 $30.90 $154.63 $11. ~ 7 $1,092.00 $157.25 $36.00 VENDOR JOHN CARTER HOLMES JOSEPH DONE LON JR KELLY SPANN KENNAMETAL INC KIERA ELFSTROM KINKOS INC KRAEMERS HARDWARE INC LAB SAFETY SUPPLY INC LAKE COUNTRY DOOR LAKE REGION VENDING LAKELAND FORD TRUCK SALES LAMETTRYS COLLISION DESCRIPTION OTHER CONTRACTED SERVICES ROUND LAKE PAVILION OTHER CONTRACTED SERVICES SMALL TOOLS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS REPAIR & MAINT SUPPLIES EQUIPMENT PARTS MISC TAXABLE EQUIPMENT PARTS CONTRACTED REPAIR & MAINT LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE LANO EQUIPMENT INC LAW ENFORCMENT TARGETS INC LEAGUE OF MINNESOTA CITIES LEAGUE OF MINNESOTA CITIES INS LEE RAY LEES VALUE RIGHT INC LIQUID CARBONIC LISA M LEBA LOGIS LYNDELL F FREY LYNN FOUNTAIN LYONS SAFETY M R SIGN MARC THIELMAN MENARDS METRO ATHLETIC SUPPLY METRO SALES INCORPORATED METROQUIP INC MIDLAND EQUIPMENT COMPANY MIDWEST ASPHALT CORPORATION MINNCOMM PAGING MINNEAPOLIS EQUIPMENT CO MINNESOTA BUSINESS FORMS MINNESOTA CONWAY MINNESOTA PIPE AND EQUIPMENT EQUIPMENT PARTS TRAINING SUPPLIES DUES & SUBSCRIPTIONS WORKMANS COMP INS OTHER CONTRACTED SERVICES REC EQUIP & SUPPLIES CHEMICALS USE OF PERSONAL AUTO LOGIS SERVICE USE OF PERSONAL AUTO OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES SIGNS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES NEW CAR EQUIPMENT PATCHING ASPHALT COMMUNICATIONS EQUIPMENT PARTS OFFICE SUPPLIES CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES MINNESOTA PRIMA OFFICE OF RISK DUES & SUBSCRIPTIONS MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADVERTISING MINUTEMAN PRESS MTI DISTRIBUTING CO MUNICILITE NATIONAL RECREATION AND PARK A NEBCO EVANS DISTRIBUTING NODLAND CONSTRUCTION CO INC NORTHLAND BUSINESS SYSTEMS NORWEST BANK MN N.A. OPM INFORMATION SYSTEMS PAPER DIRECT INC PAPER WAREHOUSE PARAGON CABLE PAUL BROWN PEPSI COLA COMPANY PETER SMITH PRINTING EQUIPMENT PARTS NEW CAR EQUIPMENT CONFERENCE MERCHANDISE FOR RESALE IMPROVEMENT CONTRACTS OFFICE SUPPLIES PAYING AGENT CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL CABLE TV OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES PR~RAM SOFTBALL SPECIAL EVENTS SOFTBALL EQUIPMENT MAINT AFTERNOON PLAYGROUND COMMUNITY SERVICES WATER SYSTEM MAINT WATER TREATMENT PLANT EQUIPMENT MAINT PRESERVE LIQUOR #2 EQUIPMENT MAINT EQUIPMENT MAINT CRIMINAL PROSECUTION EQUIPMENT MAINT POLICE IN SERVICE TRAINING BENEFITS SOFTBALL OUTDOOR CTR PROGRAM WATER TREATMENT PLANT YOUTH TENNIS WATER UTILITY-GEN PROGRAM SUPERVISOR SPORTS/SPECIAL CAMPS WATER SYSTEM MAINT TRAFFIC SIGNALING EP CITY CTR OPERATING COSTS INSPECTION-ADM PARK MAINT GENERAL EPCC MAINTENANCE EQUIPMENT MAINT STREET MAINT INSPECTION-ADM SEWER SYSTEM MAINT GENERAL FIRE WATER SYSTEM MAINT IN SERVICE TRAINING HUMAN RESOURCES INSPECTION-ADM EQUIPMENT MAINT EQUIPMENT MAINT IN SERVICE TRAINING ROUND LAKE CONCESSIONS DELL RD TH212 TO 82ND ST GENERAL 77 FIRE DEBT FUND FINANCE DEPT RECREATION ADMIN RECREATION ADMIN GENERAL VOLLEYBALL SOCIAL VOLLEYBALL COUNCIL CHECK REGISTER WED, SEP 11, 1996, 8:23 AM CHECK NO CHECK AMOUNT $180.00 $256.50 $2,210.00 $305.75 $96.00 $208.87 $114.47 $250.00 $718.10 $868.29 $16.80 $650.22 $1,248.60 $227,425.24 VENDOR PHILIP MANNING PINNACLE DISTRIBUTING PLEHAL BLACKTOPPING INC POWERTEX SPORTSWEAR INC PRACTITIONERS PUBLISHING CO PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PREVENTION PLUS INC QUALITY WASTE CONTROL INC R AND R SPECIALITIES INC RADIO SHACK REBS MARKETING RECYCLIGHTS REHBEIN INC $963.61 RESPOND SYSTEMS $882.91 REVERE $13,317.83 REYNOLDS PRINTING INC $230.68 $1,103.58 $34.45 $22.12 $480.00 $340.00 $109.00 $37.24 $109.62 $10.00 $314.95 $229.57 $288.71 $259.76 $4,475.00 $108.75 $314.00 $281.65 $54.24 $4,188.54 $251.63 $246.20 RICHARDS ASPHALT COMPANY RIEKE CARROLL MULLER ASSOCIATE ROADRUNNER TRANSPORTATION INC ROCKLINE INDUSTRIES RON WARD RONALD G OTTERNESS ROTO-ROOTER SANDY WERTS SETH WEBSTER SHULTIES PLBG SIGNSOURCE SIR SPEEDY SNAP-ON TOOLS SOKKIA MEASURING SYSTEMS SOUTH HENNEPIN REGIONAL PLANNI SOUTHWEST SUBURBAN PUBLISHING SPECIALTY TECHNICAL PUBLISHERS ST CROIX RECREATION CO INC ST JOSEPH EQUIPMENT INC ST PAUL BOOK & STATIONERY STOFFEL SEALS CORP STREI CHERS SUBURBAN CHEVROLET GEO SWEDLUNDS TARGET DESCRIPTION OTHER CONTRACTED SERVICES MISC TAXABLE EQUIPMENT RENTAL CLOTHING & UNIFORMS DUES & SUBSCRIPTIONS REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL SCHOOLS WASTE DISPOSAL REPAIR & MAINT SUPPLIES CONTRACTED COMM MAINT OTHER CONTRACTED SERVICES WASTE DISPOSAL OTHER CONTRACTED SERVICES TRAINING SUPPLIES REPAIR & MAINT SUPPLIES PRINTING PATCHING ASPHALT PROFESSIONAL SERVICES CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES INSTRUCTOR SERVICE CONTRACTED REPAIR & MAINT USE OF PERSONAL AUTO USE OF PERSONAL AUTO CASH OVER/SHORT OPERATING SUPPLIES-GENERAL PRINTING ADVERTISING OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES EMPLOYMENT ADVERTISING DUES & SUBSCRIPTIONS REPAIR & MAINT SUPPLIES EQUIPMENT PARTS OFFICE SUPPLIES FIRE PREVENTION SUPPLIES EQUIPMENT PARTS EQUIPMENT PARTS WASTE DISPOSAL REPAIR & MAINT SUPPLIES 45616 45617 45618 45619 45620 45621 45622 45623 45624 45625 45626 45627 45628 45629 45630 45631 45632 45633 45634 45635 45636 45637 45638 45639 45640 45641 45642 45643 45644 45645 45646 45647 45648 45649 45650 45651 45652 45655 45656 45657 45658 45659 45660 45661 45662 45663 45664 45665 45666 45667 45668 45669 45670 45671 45672 $1,136.25 $250.00 $131.46 $479.89 TENNANT EQUIPMENT PARTS $19.95 $68.55 $3,540.06 $1,911.68 $158.03 $632.00 $174.86 $261.39 $560.57 $933.41 $396.45 $48.19 THE NATL SWIMMING POOL FOUNDAT DUES & SUBSCRIPTIONS THE PROMOTION GROUP THE WORK CONNECTION THERMA-STOR PRODUCTS TIM NELSON TODD OLNESS TRIA MANN TWIN CITY OXYGEN CO UHS THE HOWE COMPANY UNIFORMS UNILIMITED UNLIMITED SUPPLIES INC USAQUATICS SAFETY SUPPLIES OTHER CONTRACTED SERVICES OTHER EQUIPMENT USE OF PERSONAL AUTO OTHER CONTRACTED SERVICES USE OF PERSONAL AUTO LUBRICANTS & ADDITIVES CHEMICALS CLOTHING & UNIFORMS EQUIPMENT PARTS REPAIR & MAINT SUPPLIES PROGRAM VOLLEYBALL PRAIRIE VILLAGE LIQUOR #1 STREET MAINT SPORTS/SPECIAL CAMPS FINANCE DEPT ICE ARENA PARK MAINT SAFETY PUBLIC WORKS/PARKS ICE ARENA POLICE WATER ACCTG PUBLIC WORKS/PARKS LIME SLUDGE GENERAL WATER TREATMENT PLANT PARK/REC ADMIN STREET MAINT FLYING CLOUD SANITARY SEWER EQUIPMENT MAINT WATER TREATMENT PLANT VOLLEYBALL OUTDOOR CTR PROGRAM SEWER SYSTEM MAINT SENIOR CENTER PROGRAM TREE DISEASE FD 10 ORG TASTE OF PRAIRIE OUTDOOR CTR PROGRAM EQUIPMENT MAINT ENGINEERING DEPT HOUSING TRANSP & SOCIAL SERV HUMAN RESOURCES WATER TREATMENT PLANT MILLER PARK EQUIPMENT MAINT GENERAL FIRE EQUIPMENT MAINT EQUIPMENT MAINT OUTDOOR CTR-STARING LAKE FITNESS CENTER EQUIPMENT MAINT IN SERVICE TRAINING SAFETY PARK MAINT WATER TREATMENT PLANT TREE DISEASE SOFTBALL ADAPTIVE RECREATION EQUIPMENT MAl NT PARK MAINT FIRE EQUIPMENT MAINT POOL MAINTENANCE COUNCIL CHECK REGISTER WED, SEP 11, 1996, 8:23 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 45673 $27.14 VESSCO INC EQUIPMENT PARTS WATER TREATMENT PLANT 45674 $500.00 VINKEMEIER TREE SPADE OTHER CONTRACTED SERVICES MILLER PARK 45675 $274.04 VOSS LIGHTING REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 45676 $680.03 W W GRAINGER INC BLDG REPAIR & MAINT WATER TREATMENT PLANT 45677 $637.08 WALMART STORES INC PHOTO SUPPLIES POLICE 45678 $105.81 WASTE MANAGEMENT -SAVAGE WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 45679 $392.77 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 45680 $25,221.48 WATERPRO SUPPLIES CORPORATION MERCHANDISE FOR RESALE WATER METER RDG 45681 $67.11 WENDY M SCHNEIDER WAGES PART TIME ENGINEERING DEPT 45682 $361.78 WESTWELD SMALL TOOLS EQUIPMENT MAINT 45683 $765.00 WILBUR W SCHULTZ OTHER CONTRACTED SERVICES SOFTBALL 45684 $132.02 X-ERGON EQUIPMENT PARTS WATER TREATMENT PLANT 45685 $360.22 YALE INCORPORATED CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 45686 $178.39 ZEP MANUFACTURING CO LUBRICANTS & ADDITIVES EQUIPMENT MAINT $1,643,431.49* 10 DATE: 09/17/96 EDEN PRAIRIE CITY COUNCn., AGENDA SECTION: Petitions & Requests ITEM NO: ~IiA _ DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5425 Engineering Receive 100% Petition, Ordering Improvements and Preparation Division of Plans and Specifications for Public Improvements Randy Slick Recommended Action: Staff recommends approval of the resolution accepting 100% petition from the owners of Lot 7, Block 1, Stevens Heights Addition and Lot 1, Block 2, Kings Forest Addition for the construction of storm drainage improvements and authorization of staff to proceed with implementation of the proposed improvements. - Overview: A previous owner of Lot 7, Block 1, Stevens Heights Addition installed an extensive bituminous surfaced driveway and parking area in the rear yard as depicted on the attached exhibit. Drainage from the yard area of Lot 7, including the roof and extensive paved driveway, runs north across Lot 1, Block 2, Kings Forest Addition to Manchester Lane. Erosion is a problem on the steep slopes from Lot 7 down to Manchester Lane. City staff has recommended the installation of a storm sewer to convey water from the driveway area on Lot 7 down the steep slopes where erosion has occurred. The property owners have agreed to provide easements for the installation and maintenance of the storm sewer and have petitioned for its construction. The construction of the storm sewer will resolve the erosion problem. Financial Considerations: The proposed assessments should cover the cost to construct the storm sewer improvements. Any small overage in construction costs and staff time for design and construction administration may be covered by storm water utility funds. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C. 96-5425 Storm Sewer Improvements at 14232 Charing Cross BE IT RESOL YED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed improvement have petitioned the City Council to construj;t said _ . improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City Standards and request price quotations for the improvements .. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this Resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on September 17, 1996. Iean L. Harris, Mayor A'ITEST: SEAL Iohn D. Frane, Clerk 2 ------------------_ .. _----_. ID: AUG 30'96 13:13 No.012 P.05 .. '-"'"" . ., --_ ,.. .. .--. ----_.-.. ,,_.-.. _ .. ~ ..... -, .... .., .. , ...... -.. ......, CITY OF.EDBN PRAl1UE, MINNESOTA lOQI PETOlOH FOR LOCAl. JMPROyEMENIS TO TIm EDBN PRAIlUB CITY COUNCIL: The undeni&ned are all the fee 9wners of the real property described below and herein petition (or the Eden Prairie City Council to proceed with making the following described Improvements: Specify Type Ocnoral Location Sanitary Sewer wat.enruUn )( Stonn Sewer ~14~~~~~M . Street Pavin, Other - - tLl.. Pursuant to M.S.A. 429.031, SUbd. 3, tho undorsl&ned bereby waive any public hearing to be held on said improvements, and further state and a&fee that the total cost of said imlrrovc:mc:nts shan 6e apeciiUy assesseal aglinst the propeny described below in accordance with the City'S special assessment policies. \\Ie ~gcX!Jerstand that the preliminary I estimated total C03t for the said improvements is ~ , 00 Street Address or other Legal Description of Property to bc SCJVcd Slanatures and Addresses of Petitioners (Must be owners of record) =====a __ ~ _____________ ~========== ••••• _== __ (For City Use) Date Received: Project No.: ....... ____________ _ Council Comlideration: __________ _ f "' ) 1 . . CITY OF EDEN PRAIRIE, MINNESOTA , 100% PETITION FOR [OCAL 1MPROYEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: . . ~ all the fee o~ners of the real property described below and herein petition The undersigned for the Eden Pram e City Council to proceed with making the following described improvements: Specify Type General Location Sanitary Sewer - Watennain I ..... ,. . . , I Storm Sewer IB~CJ(i4~D ~~I...I A-(,£ 7frlP£i:>Jt:M ~J..IT Street Paving -I _. Other I .S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be provements, and fur.her state and agree that the total cost of said improvements y assessed against the property described below in accordance with the City'S Pursuant to M held on said im shall be speciall special assessm the said impro ent policies. vements is ~ (u,rth9" understand that the preliminary, estimated total cost for /I,?OO,OO ' I , ss or other Legal Description Street Addre of Property to be Served Signatures and Addresses of Petitioners <1'Iust be owners of record) i{ 1 5r2v-~r) ~i~ibwr~ I ·1 ,I 1/1 z K.;Nb~ r:;{Z~1 ~Ji7)~J-~/)(e{2 Z~AA/.~/ i-..l5 11-GJC:>M-i6 • If !/10M1 ~ ~ I l{~g 1fj,Z'( /151;1 t-4 n 11., I '/" ( c 0 v.;~ fr4.'Y.'~j !l'1/i )53'1{ ====== ===================================== (For City Use) Date Received: Project No.: I I I I II I I I I I -- ~ . _. " 'v Coundl Consideration: 4 -.. ~'-. :;. )" . ,- EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/16~ SECTION: Director of Parks, Recreation and Facilities ITEM NO. I DEPARTMENT: Parks, ITEM DESCRIPTION: Mighty Ducks Grant Proposal for Community Recreation and Facilities Center Ice Arena Renovations Elyce Kastigar BACKGROUND: The Minnesota Amateur Sports Commission (MAS C) will be awarding matching grants to eligible communities for the development of new ice arenas and for the improvement of existing arenas. Grants awarded will be from the proceeds of bonds issued by the State of Minnesota in which the bond proceed funds are restricted to capital expenditures. Communities applying for a renovation grant for their existing ice arena may apply for up to $50,000. This grant must be matched by non-state sources on a I: 1 ratio. The proposal submission deadline for applicants desiring construction in 1997 is October 5, 1996. RECOMMENDED RENOVATION PROJECTS: City staff have met with representatives from the Eden Prairie Hockey Association and Figure Skating Club to discuss potential renovation projects to improve the existing ice arenas at the Community Center. The Hockey Association, Figure Skating Club and City staff are in agreement that the projects listed below are the highest priorities for the Mighty Ducks grant proposal. These items are the top three priorities estimated to total $lOO,OOO. 1. Complete shower and restroom facilities in team rooms 5-6 and 7-8 in the Olympic ice arena. These improvements were in the original design ofthe Olympic ice arena. The facilities should be designed to accommodate male and female players. 2. Provide necessary improvements to the Olympic ice arena concession stand which would allow for full concession operations and provide space for skate rental operations. 3. Develop a secured storage area in the Main ice arena. The southeast end could be utilized to meet the demand for facility storage space. The Community Center lacks adequate storage space for equipment and supplies (i.e., maintenance, custodial, and program equipment and supplies). 1 MATCHING FUND SOURCE: The proposed 1997 Community Center budget does not include funds for the Mighty Ducks grant. If the City is successful in obtaining the grant, staff recommends the general fund reserve be used to provide 12.5% of the project, cash park fees for 12.5% ofthe project, and the Hockey Association and Figure Skating Club to provide 25% of the project costs. REQUEST: Staff requests approval to use the general fund reserve for matching funds for the Mighty Ducks grant. cc: Laurie Helling, Manager of Recreation Services Joel Klute, Ice Arena and Concession Coordinator Brad Hewitt, Eden Prairie Hockey Association President Cathy Gallagher-Green, Eden Prairie Figure Skating Club President mdg:ek 2 CITY COUNCIL AGENDA SECTION: Reports from Community Development Director DATE: September 17, 1996 DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Xl 0, I Community Development Increase Income Limits for the Chris Enger Housing Rehab Program David Lindahl REQUESTED COUNCIL ACTION: Approve increasing the income limits for Housing Rehabilitation Program from 65% of the median income for the metro area, to 80% of median. BACKGROUND: In order to make the Housing Rehabilitation Loan Program accessible to more home owners in Eden Prairie, the Housing, Transportation, and Social Services Board (HTSSB) has recommended increasing the income limits to 80% of the median income for the metro area. Eighty percent of median is the maximum income allowed by HUD, and is the limit now being used for the Hennepin County Rehab Program. The current and proposed income limits by household size are as follows: Household Current Limit Proposed Limit ~ (65% Qf m~dian) (80% Qfmedian ) one $24,843 $29,100 two $28,392 $33,300 three $31,941 $37,450 four $35,490 $41,600 five $38,329 $44,950 six $41,275 $48,250 seven $44,008 $51,600 Some residents that need repairs to their homes are being turned away because the more restrictive limits currently used by the City. The primaty advantage of the City's loans compared to market-rate loans is that the interest rate is low (5%), and repayment is deferred until the homes are sold. Although the loans are deferred, some clients choose to make periodic payments to the City in order limit the amount of interest paid. The Council has been designating on average about $80,000 in CDBa funds each year for the Rehab activity, which serves approximately ten clients. The number of residents turned away each year varies, but can range anywhere from three to ten.