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HomeMy WebLinkAboutCity Council - 12/03/1996 AGENDA JOINT CITY COUNCIL/BOARD OF ADJUSTMENT AND APPEALS TUESDAY,DECEMBER 3, 1996 6:30 PM, CITY CENTER HERITAGE ROOM IV 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens BOARD OF ADJUSTMENTS & APPEALS: Cliff Dunham,Delavan Dye, Louis Giglio, Matthew Hansen, Corrine Lynch, Kathy Nelson,William Ford CITY STAFF: City Manager Carl J.Jullie, Assistant City Manager Chris Enger,Zoning Administrator Steve Durham, Council Recorder Barbara Anderson I. INTRODUCTIONS II. PRESENTATION/STATUS OF WORK PLAN A. Number of BOA Review 1990-1996 B. Code Amendments 1. Planned Unit Development Acreage Requirement 2. Shoreland Amendments 3. Average Front Yard Setback III. IDENTIFICATION OF ISSUES REQUIRING CITY COUNCIL INPUT A. Streamline of review process/customer service B. Cellular Tower C. Residential lot size IV. CITY COUNCIL FEEDBACK AND DIRECTION V. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 3, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Barbara Anderson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING HELD TUESDAY, NOVEMBER 19, 1996 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 19, 1996 IV. CONSENT CALENDAR A. 2ND READING OF AN ORDINANCE AMENDING CHAPTER 5 AND CHAPTER 9 OF THE CITY CODE TO REGULATE THE APPLICATION OF LAWN FERTILIZER IN EDEN PRAIRIE B. 2ND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.20 RELATING TO THE ENVIRONMENTAL AND WASTE MANAGEMENT COMMISSION C. APPROVAL OF ARTS COMMISSION LOGO City Council Agenda Tuesday, December 3, 1996 Page Two D. VICTORY LUTHERAN CHURCH EXPANSION by Victory Lutheran Church. 2nd Reading of an Ordinance for Zoning District Amendment within the Public District on 5.9 acres, Adoption of a Site Plan Review on 5.9 acres and Approval of a Developer's Agreement for Victory Lutheran Church Expansion. Location: Eden Prairie Road at Berger Drive. (Ordinance for Zoning District Amendment and Resolution for Site Plan Review) E. AUTHORIZE AMENDMENT AND EXERCISE OF THE OPTION FOR PARCEL NO. 1 FOR THE ACQUISITION OF THE KLEIN/PETERSON PROPERTY F. 2ND READING OF CABLE TV FRANCHISE AGREEMENT ORDINANCE G. 2ND READING OF CABLE TV REGULATORY ORDINANCE H. RESOLUTION APPROVING FINAL PLAT OF AMERICAN LUTHERAN CHURCH 3RD ADDITION (located at the northeast corner of Bennett Place and Blossom Road) V. PUBLIC HEARINGS/MEETINGS A. BEARPATH 7TH ADDITION by Bearpath Limited Partnership. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 28.75 acres, Planned Unit Development Concept Review on 489.7 acres, Planned Unit Development District Review on 28.75 acres, Rezoning from Rural to R1-13.5 on 28.75 acres, and Preliminary Plat of 69.70 acres into 39 lots. Location: North of Bearpath Trail and south of Rice Marsh Lake. (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 and Resolution for Preliminary Plat) Continued from November 19, 1996 B. TCF BANK by TCF Bank. Request for PUD Concept Review on 17.4 acres, PUD District Review on 10.4 acres, Zoning District Amendment in the 1-2 Zoning District on 10.4 acres and Site Plan Review on 10.4 acres. Location: Technology Drive and Prairie Center Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) City Council Agenda Tuesday, December 3, 1996 Page Three C. VIDEO UPDATE by Trinet Property Company, LLC. Request for Zoning District Amendment in the N-Corn District on 1.01 acres and Site Plan Review on 1.01 acres for construction for a 7,200 sq. ft. Video Update. Location: Northwest corner of Anderson Lakes Parkway and Hwy. 169. (Ordinance for Zoning District Amendment) D. LAKE SMETANA APARTMENTS by Klodt Incorporated. Request for PUD Concept Review on 17.19 acres, PUD District Review on 17.19 acres, Zoning District Change from Rural to RM-2.5 on 12.37 acres, Site Plan Review on 12.37 aces and Preliminary Plat of 17.19 acres into one lot. Location: Smetana Lane. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TRUTH-IN-TAXATION HEARING WEDNESDAY,DECEMBER 4, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case,Ross Thorfinnson,Jr. and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Julie,Assistant City Manager Chris Enger,Assistant Finance Director Don Uram,Director of Parks,Recreation &Facilities Bob Lambert,Director of Public Works Gene Dietz,Finance Director John Frane, City Assessor Steve Sinell,Director of Inspections Kevin Schmieg,Director of Human Resources& Community Services Natalie Swaggert, Police Chief Jim Clark, and Fire Chief Spencer Conrad,Lead Accountant Sue Kotchevar, and Council Recorder Barbara Anderson PLEDGE OF ALLEGIANCE ROLL CALL I. CALL TO ORDER II. PUBLIC HEARING A. OVERVIEW OF 1997 PROPOSED BUDGET AND TAX LEVY B. PUBLIC COMMENT AND DISCUSSION III. CLOSE OR CONTINUE PUBLIC HEARING IV. ADJOURNMENT Vern Z4 UNAPPROVED MINUTES JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP MEETING TUESDAY,NOVEMBER 19, 1996 6:30 PM,HERITAGE ROOM IV 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson,Jr. and Nancy Tyra-Lukens COMMISSION MEMBERS: Kenneth E. Clinton, Randy Foote, Bill Habicht, Ismail Ismail, Kathrine Kardell, Douglas Sandstad, Mary Jane Wissner, Student Representative Jessica Lind COUNCIL/COMMISSION STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, City Planner Mike Franzen, and Council Recorder Jan Nelson ROLL CALL Mayor Harris called the meeting to order at 6:40 p.m. Commission members Kardell, Sandstad and Lind were absent. I. INTRODUCTIONS H. PRESENTATION/STATUS OF WORK PLAN III. IDENTIFICATION OF ISSUES REQUIRING CITY COUNCIL INPUT A. Future Land Uses For Southwest Eden Prairie Clinton distributed an outline on land use that showed the total land left for development and posed a list of questions regarding land conservation. Harris said the Council appreciates the job being done by the Planning Commission, noting the Commission has taken a lot of heat, all of which is undeserved. She said we now need to discuss the over-all framework that will guide the decisions made by the Planning Commission and the City Council as we go forward. Harris thought item 1.c., raising the possibility of passing a moratorium to restrict growth, was not within the purview of the Council. Enger pointed out that the City CITY COUNCIL/PLANNING COMMISSION WORKSHOP MINUTES November 19, 1996 Page 2 does have some control over the MUSA line and, if we do not go forward with that, it has the effect of a moratorium. Case said one of the primary reasons we are even discussing this is the perception that the people in Eden Prairie have--the perception that open space is disappearing quickly and that we can and should do something about it. He would like to see some rationale that gives us the strength to make convincing arguments about what we need to do, bearing in mind that everything we do in terms of density affects taxes. He thought we need to deal with where we need to go and then build arguments to deal with the perception. He believes it may be time to do something final with the Guide Plan to make sure that the remaining 1100 acres are properly developed. Ismail asked if we have given any thought to the question of whether we are developing in an accelerated mode or is our development natural. Enger said the feedback we get from public hearings is that people seem to be of a common voice that we are going at a fast pace, yet it is just one-fourth of the pace at which we were developing several years ago. He thought we can very easily accommodate the current pace of growth. Tyra-Lukens asked if the four times referred to the pace of growth or was that the number of proposals. Enger said the measure would be population--from 1986 to 1989 we grew at a rate of 4000 people per year and we are now growing at 1200 to 1000 per year. Harris asked if there are more proposals coming forward now. Enger said the scale and scope of development has come down greatly. Hams was concerned that people may not realize that because a development project may be more visible than it would have been ten years ago. Foote thought we are seeing developments now that take out all the trees on one corner with high visibility. Franzen thought we also are seeing projects getting built faster, partly because financing is easier to obtain. Tyra-Lukens asked if we would be willing to go through recasting the Guide Plan. Enger thought it is important to answer the question where we are trying to get to, because redoing the Guide Plan would take a very long time and we would have to continue operating under the current Guide Plan. He thought we could do our own planning to accommodate the plan. Tyra-Lukens noted we run into the perceptions of the public who come to complain that we are changing the Guide Plan for every project. She thought that is where they get the sense of city government not being honest. Foote noted that before buying property people do research that shows their area is guided low density and then it becomes something else when a development project is approved. Habicht said he thought everyone wants development slowed down after CITY COUNCIL/PLANNING COMMISSION WORKSHOP MINUTES November 19, 1996 Page 3 they move in. He thought we could focus more on what people's expectations are and explain the Guide Plan as being just a guide. Harris noted our original goal was 55% multi-family in the city, and she has not seen the Council vary from that goal except in certain instances. She thought we need to discuss if this is still a goal that we feel is important to allow the scope of housing options to accommodate life-cycle housing. Case said he has done research on newspaper articles from the 1960's and was amazed that the goals during every campaign were for higher density and lower income housing. He thought we have only received the negative response since our population has risen to the point where traffic and everything combine to give a feeling that we are too big. He thought this is where we have to be proactive by educating people that density is not a bad word, that we are not overpopulated, and that we will have a high quality of life compared to many other areas. Wissner thought we need to have more public relations about the city to show what we have done to preserve the land. She thought we could promote that concept at the entrance of the City Center and could show how much we have done to preserve land. Pidcock thought we could compare our density to that of countries in Europe and show that we have a much lower density with a lot of open space while keeping taxes at a reasonable level and without pushing people out of the city. Harris thought it is important to have room for everyone and not to tax people out of their homes. We are also putting in an infrastructure for a population of 65,000, and the fewer residents we have to pay for that the more expensive it will be. Tyra-Lukens thought we will need to consider multi-family housing in the southwest area if we are to be consistent and use the same percentages; yet it doesn't make sense in some ways to put a lot of multi-family so far away from the city center. She would be more in favor of increasing density around the city center. Pidcock thought we need to have neighborhood commercial in all areas so that there are small retail stores available all around the city. Case thought it would be no more than another 1000 people even if we keep to 42% multi-family. Tyra-Lukens asked if that figure is correct. Enger reviewed some of the potential developments in the southwest area and said the figure would be close to 1000. Enger said the Planning Commission wrestled with the issue of putting higher density in the Major Center Area with the Clute property. He thought Staff would have to promote high density projects since we don't have any coming to us at this point. 3 CITY COUNCIL/PLANNING COMMISSION WORKSHOP MINUTES November 19, 1996 Page 4 Case thought that would be okay if the units could be somewhat affordable, especially if we consider the pool of employees needed for that area and the needs of the transit hub. Foote noted the spot next to the transit hub is guided for medium density. Enger said staff got a question about a luxury multi-family project on that site, but staff thought we couldn't tolerate 700 people there, partly because of the reaction to the Pulte development. Tyra-Lukens didn't understand why they said no. Enger said it was because it was in the range of 700-800 on the same sized property in the same area that people have complained about as being overly dense. Franzen said we told them no because the entire project was being developed as multi-family and we were looking for a mix and balance where housing was not the main component. Hams thought it is important to maintain a balance, but it also is important to encourage high density in the Major Center Area. Thorfinnson wasn't sure that a change in the Guide Plan is tougher than fighting each individual project. It is becoming increasingly hard to let the city do its job when we are faced with opposition that is gaining momentum. He thought we are now using the approach listed in item 3, but we need to somehow come to a consensus on these issues and determine where we want to go and how to get there. how we want to get where we want to go. He thought we need to have a longer conversation about this in order in order to get it done and to reach some consensus. Ismail suggested we reduce the list of items to consider. Harris thought we are looking at Question 2 and not Question 1 on the list. She asked Staff to schedule another meeting. The consensus was to schedule a workshop meeting for at least two hours and not on a City Council meeting night. Jullie said the Met Council can come here on December 17th, and we might want to hear them before we have the second workshop meeting. Harris thought meeting with Met Council is good because they are going forward to the legislature with certain things. Wissner asked that the Planning Commission be a part of the Met Council meeting. B. Road Connections IV. CITY COUNCIL FEEDBACK AND DIRECTION Hams thanked the Commissioners for an outstanding job in a difficult environment. V. ADJOURNMENT Mayor Hams adjourned the meeting at 7:25 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,NOVEMBER 19, 1996 7:30 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson,Jr.,and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL All members were present. PROCLAMATION PROCLAIMING NOVEMBER 21, 1996 AS"EDUCATION DAY" Mayor Harris read the proclamation proclaiming November 21, 1996, as Education Day in the City of Eden Prairie. Motion carried unanimously. MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt the Proclamation proclaiming November 21, 1996, as Education Day in the City of Eden Prairie. Motion carried unanimously. On behalf of the Council, Case expressed his sorrow to the Hiller family on their recent tragedy. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XI.A.1. Grading at Pulte and item XI.A.2. Policy Concerning Use of Oak Point Pool. Tyra-Lukens added item XLA.3. Historic Preservation and item XLA.4. Pioneer Trail Traffic. Harris added item XI.A.5. Baseball Club and Baseball Association. Jullie added item IV.K. to the Consent Calendar APPROVAL OF RAFFLE PERMIT FOR EDEN PRAIRIE FOUNDATION BALL. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. 1 1 CITY COUNCIL MINUTES November 18, 1996 Page 2 II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 5, 1996 MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Minutes of the City Council meeting held Tuesday, November 5, 1996, as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. REQUEST FOR EDEN PRAIRIE HOCKEY ASSOCIATION TO UTILIZE MEETING ROOM D B. RESOLUTION 96-195 AWARDING 1996 REGENERATIVE AIR HIGH DUMP STREET SWEEPER CONTRACT,I.C. 96-5427 C. CHANGE ORDER NO. 1 FOR ATHERTON TOWNHOMES DRAINAGE, LC. 93-5332 D. RESOLUTION 96-196 APPROVING FINAL PLAT OF ST. ANDREWS BLUFF (located at the NE corner of Baker Road and Valley View Road) E. APPROVE STIPULATION CLARIFYING CITY EASEMENT OVER SAILER/MARSHALL PROPERTY AND APPROVE AGREEMENT SPECIFYING CITY OBLIGATIONS FOR SAILER/MARSHALL PROPERTY F. RESOLUTION 96-197 RELATING TO THE RECONVEYANCE OF TAX PARCEL#16-116-22-24-0018 G. BARTUS ADDITION by Dan Bartus. 2nd Reading of Ordinance 46-96 for Rezoning from Rural to R1-13.5 on .44 acres. Location: Baker Road at St. Andrew Drive. (Ordinance 46-96 for Rezoning) H. 2ND READING OF ORDINANCE 47-96 RELATING TO CHAPTER 11, SECTION 11.03, SUBD 3.C., AMENDMENT TO CHANGE AVERAGE SETBACK CALCULATION I. 2ND READING OF ORDINANCE 48-96 RELATING TO CHAPTER 11, SECTION 11.40, SUBD. 6., AMENDMENT CHANGING MINIMUM AREA FOR PUD FROM 15 TO 5 ACRES 2. CITY COUNCIL MINUTES November 18, 1996 Page 3 J. REQUEST BY BTO DEVELOPMENT FOR A LAND ALTERATION PERMIT FOR OUTLOT A, KMSP PLAZA (located at the Northwest corner of Prairie Center Drive and Northerly entrance to KMSP site) K. APPROVAL OF RAFFLE PERMIT FOR EDEN PRAIRIE FOUNDATION BALL MOTION: Case moved, seconded by Pidcock, to approve items A-K of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. ALBIN CHAPEL by Albin Chapel. Request for Planned Unit Development Amendment Review on 2.56 acres, Planned Unit Development District Review on 2.56 acres, Zoning District Amendment in the Office Zoning District on 2.56 acres, Site Plan Review on 2.56 acres and Preliminary Plat of 5.22 acres into 2 lots. Code Amendment to amend Section 11.20 of City Code adding Funeral Homes as a permitted use in the Office Zoning District. Location: Rowland Road and Old Shady Oak Road. (Resolution 96-198 for PUD Amendment Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution 96-199 for Preliminary Plat and Ordinance for Code Amendment) James W. Albinson, president of Albin Funeral Homes, reviewed their proposal for a funeral chapel. He said they had a neighborhood meeting at Wooddale Church for 60 property owners within the area. He said they incorporated the neighbors' concerns into their site plans. Tyra-Lukens asked where the signage would be. Albinson pointed out the location on the overhead. Enger said the proposal was reviewed by the Planning Commission at their September 2, September 23, and October 28, 1996, meetings. On October 28th they voted approval on a 4-0 vote, subject to the recommendations of the final Staff Report of October 25, 1996. The proposal was not reviewed by Parks,Recreation and Natural Resources Commission. Joe Ruzic 6825 Rowland Road, presented a petition with the neighbors concerns. He did not think it was appropriate to locate a funeral home adjacent to upper bracket residential property. He was concerned it will make it difficult for him to sell lots in his subdivision. He was also concerned about additional traffic and parking overflow. Mingshu Benson, 6601 Golden Ridge Drive, was concerned that there will be more traffic on Rowland Road, and that the view of a funeral home from their house will be depressing. John Dean, 6642 Golden Ridge Drive, thought their area is too pretty for a depressing CITY COUNCIL MINUTES November 18, 1996 Page 4 funeral home. He was also concerned about the traffic problem. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. Pidcock said we heard the same kind of discussion when the first funeral home was proposed in Eden Prairie along the west side of County Road 4 near Elim Shores. She questioned whether it was appropriate to change the residential environment to include a funeral home. Tyra-Lukens thought there might be quite a few instances when more parking would be needed. She asked what kind of changes were needed for the Huber Funeral Home to go in. Enger said the Huber building required a change in the industrial district to allow funeral homes as a permitted use, noting the project Councilmember Pidcock referred to was proposed on the site where the Walgreens is now located and would have meant a rezoning to commercial. The Albin project is similar in that it is a change in the office district to allow funeral homes as a permitted use. Tyra-Lukens asked if it is correct that without a change to the office zone, there isn't really a site for this project in our present planning process. Enger said funeral homes are allowed within the Commercial District and now within the Industrial District after the change made for the Huber facility. Albinson said they planned their chapel with space to accommodate about 100 people and they have 67 parking spaces. He said large funerals are typically held off site. He said the daily average trips would be about 45 and funeral events usually occur off peak. He noted this is the lowest usage of any proposal presented for this site. Tyra-Lukens asked if there will be a crematorium. Albinson said there is none in their plans, and there is no way to add one later. Case thought this seemed like a lesser impact use than the typical office use would be. He asked if we had addressed the issue of expected traffic and frequencies of use for this project. Enger said there is a trip generation of 12 per 1000 and it would be 960 average daily trips for an office. Case asked about the frequency of use. Albinson said they expect about 12 service arrangements per month, of which four would probably be held offsite. Pidcock asked if they have any studies that show trends in funeral activity. Albinson said there are a lot of funerals held at churches, so the 30% offsite figure may be a conservative number. He did not know of any studies. Pidcock asked what our plans are to update that intersection. Dietz said they have no CITY COUNCIL MINUTES November 18, 1996 Page 5 plans at this time for a signal, but the size of the street is probably adequate because of the right-turn lane there. There is potential for a signal in the future. Thorfinnson said he is hearing that traffic is not an issue compared to what the other possibilities are. He thought this is an odd spot for a funeral home, and we have opened up the industrial area for funeral homes as well as commercial zones. He questioned the need to do a conditional use permit in an office area. Harris thought the facility is residential in character and the service is needed. She thought the Huber Home has been a good neighbor. She does not have difficulty with making the permitted change to allow a funeral home in an office zoning district. Case said he did not have a philosophical problem with this. He thought this seems extremely beneficial and more positive than what could go there under the current zoning. He thought they would have very low usage, and there is a residential look to the building. Tyra-Lukens asked what kinds of reasons were given when there were changes to allow the permitted use in an industrial zone. Harris said the same issues were presented. Tyra-Lukens then asked Thorfinnson how he saw office zone different than industrial. Thorfinnson replied right now we have two zones where this would be allowed, and he didn't know if we need to add another one. Tyra-Lukens did not have a problem with allowing the use in an office zone. She thought it would be unfair to change the industrial zone for Huber and not do the same for a request to change the office zone. Tyra-Lukens asked if there is berming on the project. Albinson described the berming along the rounded corner and along the area with the spruce trees and the sign. Tyra-Lukens asked how high the berming is. Thorfinnson didn't think it could be high enough to shield the building from Golden Ridge Drive. MOTION: Case moved, seconded by Tyra-Lukens, to approve 1st Reading of the Orginance for a Code Amendment to amend Section 11.2 of the City Code adding funeral homes as a permitted use in the Office Zoning Dsitrict; to adopt Resolution 96-198 for PUD Amendment Review on 2.56 acres; to approve 1st Reading of the Ordinance for PUD District Review on 2.56 acres and Zoning District Amendment in the Office zoning District on 2.56 acres; to adopt Resolution 96-199 for Preliminary Plat approval of 5.22 acres into 2 lots; and to direct Staff to prepare the Development Agreement incorporating Commission and Staff recommendations. Motion failed 3-2-0 with Pidcock and Thorfinnson opposed. MOTION: Pidcock moved, seconded by Thorfinnson, to deny approval of the project on the basis that a funeral home is contrary to permitted uses in the Office District and to deny the Preliminary Plat because it would not be properly zoned for the use. Motion failed on a 2-2-1 vote with Harris and Case opposed and Tyra-Lukens abstaining. CITY COUNCIL MINUTES November 18, 1996 Page 6 A discussion followed regarding options such as presenting the project as an amendment to the Comprehensive Guide Plan and rezoning it to one of the districts that does allow funeral homes. Pauly said that would enable the project to come back through the Planning Commission. Pidcock was concerned we would be rezoning a piece of property that is in a residential neighborhood that doesn't warrant rezoning. Thorfinnson agreed with Pidcock. MOTION: Hams moved, seconded by Pidcock, to reconsider the previous motion to deny the request. Motion carried unanimously. VOTE ON THE RECONSIDERED MOTION: Motion carried on a 2-1-2 vote with Case opposed and Harris and Tyra-Lukens abstaining. B. BEARPATH 7TH ADDITION by Bearpath Limited Partnership. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 28.75 acres, Planned Unit Development Concept Review on 489.7 acres,Planned Unit Development District Review on 28.75 acres,Rezoning from Rural to R1-13.5 on 28.75 acres, and Preliminary Plat of 69.70 acres into 39 lots. Location: North of Bearpath Trail and south of Rice Marsh Lake. (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review,Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 and Resolution for Preliminary Plat) John Vogelbacher, project manager for Bearpath, reviewed their proposal for 39 single family lots. Enger said the Planning Commission reviewed the project at their September 23, October 14, and October 28, 1996 meetings. At the October 28 meeting they voted 3-0-1 to recommend approval, subject to the recommendations of the Staff Report of October 11 and based on plans dated October 11. He then reviewed the waivers required that were not recommended for approval by the Planning Commission and noted that the number of lots was reduced from 39 to 38. Lambert said the Parks Commission reviewed the proposal at their November 4 and November 18 meetings and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report, and including several other items including the elimination of Lot 6 to reduce the total to 38 lots for the project, a City conservation easement over Outlot A, a trail-use easement to be given to the City, tree replacement and trail construction done concurrent with site development, and the trail design, development and location to be approved by City Staff to assure it does make a connection to the trail on the northeast corner of the site. Dr. Thomas Winegarten, 18762 Erin Bay, thought the process has not been fair in terms of listening to what the constituents have to say. The proposed development will destroy (P CITY COUNCIL MINUTES November 18, 1996 Page 7 the forest, and the destruction will change the nature of a lake which is a designated wildlife lake. In the Guide Plan from 1982 this area is designated as Open Space. Harris asked if this was originally designated to be Open Space. Enger said the planned corridor for Hwy 212 was shown on the 1982 Guide Plan and he did not know how much further back it goes. Hams then asked if the Open Space designation would preclude the roadway. Lambert said the roadway was going to cut off access to the south shore of Rice Marsh Lake; since it would become a remnant, we designated it as open space. Bob Rose, 18708 Erin Bay, hoped the Council would consider all the options available. He was concerned about excessive tree loss, the problems with Lot 6, and proponent's proposal to put a boardwalk over the lake. He was disturbed that this developer is using everyone in trying to propose a project that has increased value beyond what it will be used for as a"ghost project" they will use to negotiate more money with the state. Larry Zieske, 18803 Magenta Bay, said he believes they bought this parcel never intending to develop it since it was not proposed with the original Bearpath development. There have been two independent appraisals of the land leading to an appropriate offer by the State of Minnesota that would have given an excellent profit to the developer but they have rejected the offer. He was concerned about preservation of the wetlands and the lake and was opposed to the avarice of proponent. Doug Kelso, 18744 Erin Bay, thought it didn't make sense to approve a project in the middle of a freeway. He thought Bearpath drew the City into this because they couldn't get the deal they wanted from the State, so this is really just a shell game. Monica Lee, 18741 Erin Bay, was concerned that the houses will be built if approval is given to this project, and then the view from their house will be destroyed when the trees are cut down and the lake is changed. MOTION: Tyra-Lukens moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. Pidcock asked Staff to review the location for this project. Enger pointed out the area on a map. Pidcock was concerned about public access. Vogelsbacher said they made modifications to the lot plans to accommodate for the trail. Pidcock thought that was part of the negotiated agreement. Vogelsbacher said that was correct. Pidcock then asked staff to review the tree replacement. Lambert said there is a 35%tree loss--there are 497 trees and 185 of them would be lost. Pidcock asked how old a 12-inch tree would be. Lambert said it depends on the tree type but would be 25-150 years old. Pidcock thought we have been losing a lot of significant old-growth trees in I CITY COUNCIL MINUTES November 18, 1996 Page 8 the City and would like to avoid that as much as possible. She thought it would be better to keep the tree stand intact rather than replacing. Lambert noted if you are going to develop, you have to remove trees. Pidcock was hoping for a way to get around that. Lambert replied the City could buy it. Concerning the issue of this being a "ghost project," Case said we don't own the land so we need to address this as a serious proposal. He has serious concerns about the boardwalk, the tree loss, Lots 6 and 18, and a concern about anything along or crossing the creek. He believes Rice Marsh Lake is a very precious commodity in our City. He is very nervous about this proposal and the great impact it would have on the area. Tyra-Lukens said the Guide Plan was developed 20 years ago as a concept for development at a time when there was lots of open land. It is just a guide, and we have to deal with changes from the guide plan as we go. This land became designated as Open Space because it was cut off due to the highway corridor. We have to deal with it as a real proposal, and she has a lot of problems with this. The tree loss is too high, and she doesn't like the boardwalk. She doesn't like Lot 6, and didn't think this is the proposal that would have the least environmental impact. Thorfinnson was concerned about the process because we have been talking about this and it isn't getting any better. We need to get people involved earlier. He had the same concerns as Councilmembers Case and Tyra-Lukens. In addition he thought the lots were too small, and the project would have too many houses. Harris noted nothing that comes before the City Council is a given. Even though this is guided Open Space, it is on private land and the owner has some discretion in how it is used. It is a financial investment and, if the proposal meets all of the City ordinances, the Council is required to approve it. If it doesn't meet the ordinances and there are concerns, we can deny it. The only way to preserve the trees is for somebody else to buy the land. If the City buys it, there is a direct impact on taxes. She thought it would be difficult to pass a referendum to buy this land. The Council has to decide as to whether the project as presented is acceptable and, if it is acceptable with some changes, then those changes need to be articulated. Case would prefer to send the project back and return with some of the concerns addressed. MOTION: Pidcock moved, seconded by Case, to reconsider the previous motion to close the Public Hearing. Motion carried unanimously. VOTE ON THE MOTION TO CLOSE THE PUBLIC REARING: Motion failed 0-5. MOTION: Pidcock moved, seconded by Case, to continue the Public Hearing to the CITY COUNCIL MINUTES November 18, 1996 Page 9 December 3, 1996, meeting of the City Council. Motion carried unanimously. Vogelsbacher noted they are asking for a waiver only on one lot, and they would consider removing that if required for approval on this plat. He said they have done everything that Staff and the Parks Commission has required. Harris suggested he meet with Staff to address our concerns prior to the next meeting. C. CARPENTER NORTH by Walter Carpenter. Request for Planned Unit Development Concept Review of Phase 2 grading on approximately 7 acres. Location: North of Valley View Road and west of Prairie Center Drive. (Resolution 96-200 for PUD Concept Review) Walter Carpenter, proponent, reviewed the project. He said the project was approved in 1991. but the redefinition of wetlands affected his property and delayed the development while they found mitigation property. They have located an area in Waconia for the 2-1 conversion of wetlands. Nancy Berg, 7435 Scot Terrace, was told this area was zoned commercial, and she will now have an 80-unit apartment house 50 feet from her back door. She wanted to know who will guarantee her that the retaining walls will not have problems after the grading is done. Harris noted this is a concept plan, and we are only approving the grading for this project. She asked if it would be the responsibility of the developer if there is any structural damage. Pauly said it would be the responsibility of anybody who caused it. Tyra-Lukens asked who would have to pay for the cost of a structural engineer. Pauly said that cost would be born by the person bringing the action. Harris asked if our engineers check for damage to existing structures when a grading like this is done. Dietz thought this would fall into the area of building inspections, but was not sure we have anybody on Staff who could determine that. He thought it might be appropriate to ask proponent to explain what grading will be done next to the wall. Don Bruaer, representing proponent, said the grading next to the wall was done earlier, and this grading will be 150 feet from the wall. They will just have to spread top soil and seed near the wall. Tyra-Lukens asked about the trees. Enger said any further development of the top portion would require rezoning, and Ms Berg would get a notice about that as she did about this proposal. Brauer said there will be some drainage off Stewart Drive onto Scot Terrace,but the rest will drain out to a pond on the west side. They have two proposed ponds to handle future building. 9 CITY COUNCIL MINUTES November 18, 1996 Page 10 MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to adopt Resolution 96-200 for PUD Concept Review on approximately 7 acres; and to authorize Staff to issue the grading permit required for this project. Case noted he has reservations about the wetland issue, but this case involves several factors that sets it apart. We have some small and isolated wetlands that we as a City had a part in isolating when Valley View Road was put in. In this case, Mr. Carpenter is willing to put almost three times the wetland acreage into wetland mitigation. VOTE ON THE MOTION: Motion carried unanimously. D. RENEWAL OF CABLE TV FRANCHISE WITH PARAGON CABLE (Cable Television Regulatory Ordinance and Cable Television Franchise Agreement Ordinance) Jullie said Paragon Cable has requested an early renewal of the Cable TV franchise with each of the five cities included in the Southwest Suburban Cable Commission (SSCC). In return Paragon would make a major investment($25-$30 million)to update the system and add channel capacity. He reviewed the terms of the franchise renewal, noting that the SSCC Negotiating Committee, made up of the City Managers/Assistants from the five cities, has worked out proposed language on the major issues involved. Norm Byers, 8924 Daniel Road, said he has communicated with the Head of Technology at the Eden Prairie School District and he wants to make sure that the Council believes Paragon Cable is serving to the maximum ability that we deserve. He has a personal interest in seeing that communications and the new technology age is brought to Eden Prairie. He wanted to ascertain if Paragon has a commitment to provide us with more communication capabilities. He said the School District would rather have better communication capabilities than to have public access channels. Harris said the City has set up a Telecommunications Task Force to look at the entire issue within the City. Byers thought this City is one of the ripe areas for advanced technology because 70%of the school students have home computers available. Terry Harris, representing Fredrikson&Byron, said the documents include an upgrade of the system that will increase the channel capacity and will give additional technical capability to the system. The upgrade will be completed by December 31, 1999, and there is also a periodic review provision to look at the state of the art between the sixth and twelfth year of the franchise. Pidcock noted that we have spent a lot of time in intense negotiations while working on this issue. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to 10 CITY COUNCIL MINUTES November 18, 1996 Page 11 approve 1st Reading of the Cable Television Regulatory Ordinance; and to approve 1st Reading of the Cable Television Franchise Agreement Ordinance. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye." MOTION: Pidcock moved, seconded by Tyra-Lukens, to consider item IX.A. RECEIVE SENIOR ISSUES TASK FORCE FINAL REPORT next. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS& COMMISSIONS A. RECEIVE SENIOR ISSUES TASK FORCE FINAL REPORT Task Force Co-Chair Bette Anderson said the other members of the Task Force would present portions of the Executive Summary and the entire report would be reviewed at the Council/Task Force workshop next Tuesday. Bill Jackson, Barb Buehl, Sandy Weds, Dick Brown, and Pat Nash reviewed sections of the Executive Summary. Anderson reviewed recommendations of the Task Force. She said it was a great pleasure to work on this report, noting they received good support from Staff. Harris thanked and commended the members of the Task Force for an excellent report. She noted there has already been a request from a major organization for a copy of this report. MOTION: Case moved, seconded by Pidcock, to receive and approve the final Report of the Senior Issues Task Force, and further to sincerely thank all the Task Force members for their volunteerism, diligence, expertise, and all their extra efforts to research and prepare this excellent report. Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to extend the meeting to 11:30 p.m. Motion carried unanimously. VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS,REQUESTS AND COMMUNICATIONS A. ENVIRONMENTAL&WASTE MANAGEMENT COMMISSION REQUEST TO ENACT AN ORDINANCE AMENDING CITY CODE SEC.2.20 1I 1 CITY COUNCIL MINUTES November 18, 1996 Page 12 B. ENVIRONMENTAL& WASTE MANAGEMENT COMMISSION REQUEST TO ENACT AN ORDINANCE BANNING THE COMMERCIAL APPLICATION OF FERTILIZER CONTAINING PHOSPHOROUS Jullie said the Council met with the Environmental & Waste Management Commission (EWM) on October 1, 1996 in a workshop session and discussed revisions to the ordinances under which the Commission operates. Rick Morgan, representing the EWM Commission, said the revisions have not changed since the October 1 meeting, noting that this amendment to the enabling ordinance more accurately reflects what is now going on. He said the revision to the second ordinance deals with a water quality issue. Regarding the ordinance banning commercial application of phosphorous fertilizers, Harris thought we also need a City-wide education process to highlight individual use of these fertilizers. Morgan said we need the educational program to make the ordinance really effective. Tyra-Lukens was glad to see we are doing something to protect the lakes. She asked when this will go into effect. Pauly said it would be after 2nd Reading of the Ordinance and publication. Tyra-Lukens then asked how she would know if a firm was licensed in Eden Prairie and if the City would be enforcing the ordinance. Pauly said he would assume there would be some level of enforcement. A fee would have to be set by resolution. Tyra-Lukens asked if it was incumbent on the homeowner to find out if the commercial firm is licensed. Morgan said we need to educate the public and the firms that will be affected by the ordinance. He said they will work to get the mailing list from other cities in order to get the word out well before the fertilizing season begins. Harris commended the Commission on their good job on these ordinances. MOTION: Pidcock moved, seconded by Case, to approve 1st Reading of the Ordinance amending City Code Sec. 2.20 relating to the Environmental & Waste Management Commission. Motion carried unanimously. MOTION: Pidcock moved, seconded by Thorfinnson, to approve 1st Reading of the Ordinance amending Chapter 5 and Chapter 9 of the City Code to regulate the application of lawn fertilizer in Eden Prairie. Motion carried unanimously. X. APPOINTMENTS XI. REPORTS OF OFFICERS CITY COUNCIL MINUTES November 18, 1996 Page 13 B. REPORT OF CITY MANAGER 1. Employee Benefit Changes Natalie Swaggert said Staff has worked with Mayor Harris and Councilmember Thorfinnson to review the personnel policies and possible changes to the Employee Benefits Program. They reviewed recent legislative decisions impacting employee benefit programs, monitored changes in the marketplace, and determined that a number of modifications are needed to the City Employee Benefit Program. They also reviewed what other cities are doing and determined the costs to the City before compiling the recommended changes. She reviewed the summary of changes to the employee benefit program dated November 19, 1996. They would like to implement a limited portion of the changes by December 1, 1996, but would recommend delaying the increase in the life insurance to 1997. MOTION: Thorfinnson moved, seconded by Case, to approve the modifications to the Employee Benefit Program as proposed, and to direct Staff to prepare the appropriate communication materials and to complete the payroll/personnel recordkeeping and administrative procedures needed to implement the changes. Motion carried unanimously. A. REPORTS OF COUNCILMEMBERS 1. Grading at Pulte Case would like to look into the grading along Purgatory Creek with the Pulte development to make sure it fits the plan. He asked Staff to report back on this. 2. Policy Concerning Use of Oak Point Pool Case asked staff to report back on our policy about use of the Oak Point pool during days off from school, and also to report on how we are communicating that policy to the public. 3. Historic Preservation Tyra-Lukens said she felt bad about the recent decision to allow the historic T.B. camp building to be demolished. She thought we were dealing with that at a time when we couldn't explore other options. She asked Staff to explore the possibility of having bed and breakfasts in the old historic homes in the city so that we can help save some of them. Harris asked if she would limit it to the old and historic homes. Tyra-Lukens said she would rely on staff to look into it and determine I� CITY COUNCIL MINUTES November 18, 1996 Page 14 what would be appropriate. Case thought there may be other creative ideas to save the homes in addition to making them into bed and breakfast facilities. 4. Pioneer Trail Traffic Tyra-Lukens said she has had calls from residents concerned about speeds and visibility after the recent fatal accident on Pioneer Trail. She asked if there is anything we can do as a City to pressure the County to look into the safety issues. Dietz said we have had some preliminary discussions with the County on this issue. He thought the situation warrants further exploring to determine if signals are needed. They have begun some discussions with adjacent property owners to implement some changes. 5. Baseball Association and Baseball Club Harris said she received a letter requesting a proportionate amount of scheduled time by the Baseball Club. She asked Staff to meet with both clubs and return with proposals for the short and long term, possibly sending the issue through the Parks Commission. Lambert said he intended to take this up at the next Parks Commission meeting and possibly set up a subcommittee to review the issue. C. REPORT OF DIRECTOR OF PARKS,RECREATION& FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XI I. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 11.35 p.m. IL/ DATE: 12/03/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO:T/ f SECTION: Consent Calendar . 1 t DEPARTMENT: ITEM DESCRIPTION: Public Works Environmental and Waste Management Commission Request to Enact Eugene A. Dietz Ordinance Banning the Commercial Application of Fertilizer Containing Phosphorous Requested Action: To adopt Second Reading of an Ordinance amending Chapter 5 and Chapter 9 of the City Code to regulate the application of lawn fertilizer in Eden Prairie. Background: On October 1, 1996, the City Council met in joint session with the Environmental and Waste Management Commission. A draft of an ordinance to regulate the application of fertilizer -- specifically phosphorous -- was presented for discussion. The attached ordinance has not been revised since that meeting and generally provides for: • Licensing of commercial fertilizer applicators • Does not apply to farming/agricultural operations • Prohibits the use of phosphorous (unless testing provides otherwise) by commercial applicators • Is not mandatory upon homeowners as individuals • Prohibits application to impervious surfaces or in/within ten feet of natural water courses, etc. • Prohibits fertilizer application between November 30 and April 1 First Reading was approved at the November 19, 1996 Council meeting. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ( , ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.45 RELATING TO LICENSING OF COMMERCIAL LAWN FERTILIZER APPLICATORS; AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.14 RELATING TO RESTRICTIONS UPON THE USE OF LAWN FERTILIZER; AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 5 is amended by adding Section 5.45 to read as follows: "SECTION 5.45. COMMERCIAL FERTILIZER APPLICATORS. Subd. 1. Purpose. The City has reviewed studies and existing data to determine the current and projected water quality of various lakes within its community. The data indicate that lake water quality may be maintained and improved if the City is able to reduce the amount of phosphorus containing fertilizer entering the lakes as a result of storm water runoff or other causes. The purpose of this Section and Section 9.14 is to provide regulations which will aid the City in managing and protecting its water resources which are enjoyed by its residents and other users. Subd. 2. Definitions. For the purpose of this section, certain terms and words are defined as follows: A. "Commercial Fertilizer Applicator" is a person who is engaged in the business of applying fertilizer for hire. B. "Fertilizer" means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. Subd. 3. License Required. It is unlawful for any person to engage in the business of commercial fertilizer applicator within the City without a license from the City. -1- G- Subd. 4. Exclusions. This Section does not apply to persons who apply fertilizer for normal and ordinary farming and agricultural operations. Subd. 5. License Application Procedure. Applications for a commercial fertilizer applicator license shall, in addition to containing the information required by this Chapter, include: A. Formula. A description of the formula(s) of the fertilizer(s) proposed to be applied within the City. B. Time of Application. A time schedule for application of fertilizer(s) and identification of weather conditions acceptable for fertilizer applications. C. State Licenses. A copy of all licenses required of the applicant by the State of Minnesota regarding the application of fertilizers. Subd. 6. Conditions of License. Commercial fertilizer applicator licenses shall be issued subject to the following conditions: A. Random Sampling. Commercial fertilizer applicators shall permit the City to sample fertilizers to be applied within the City. The cost of analyzing fertilizer samples taken from commercial fertilizer applicators shall be paid by the commercial fertilizer applicator if the sample analysis indicates that phosphorus content exceeds the levels authorized herein. B. Possession of License. A commercial fertilizer applicator license, or a copy thereof, shall be in the possession of any person employed by a commercial fertilizer applicator when making fertilizer applications within the City. C. possession of Product Material Safety Data Sheet. A copy of Product Material Safety Data Sheet of fertilizer used shall be in the possession of a person employed by a commercial fertilizer applicator when making fertilizer applications within the City. D. Possession of Labels. A copy of the label(s) , including product chemical analysis of the fertilizer(s) to be applied. E. State Regulations. Licensees shall comply with the applicable provisions of Minnesota Statutes 1994, Chapter 18C, as amended, which is adopted by reference. -2- F. City Regulations. Licensees shall comply with all applicable provisions of the City Code, including S9. 14. G. Notice. At least 24 hours prior to applying fertilizer that contains phosphorus, licensees must notify City of the fertilizer application, the reason for applying phosphorous (whi'bh may be only those set forth in City Code Section 9.14) , and the amount of phosphorous contained in the fertilizer to be applied. " Section 2. City Code Chapter 9 is amended by adding Section 9.14 to read as follows: "SECTION 9.14. RESTRICTIONS RELATING TO THE USE OF FERTILIZER. Subd. 1. Definitions. For the purpose of this Section, certain terms and words are defined as follows: A. "Commercial Fertilizer Applicator" is defined in Section 5.45. B. "Noncommercial Fertilizer Applicator" is a person who applies fertilizer during the course of employment, but who is not a Commercial Fertilizer Applicator. C. The definitions contained in Minnesota Statutes 1994, as §103E.005, Subd. 1, as amended, are adopted by reference. Subd. 2. Exclusions. This Section does not apply to persons who apply fertilizer for normal and ordinary farming and agricultural operations. Subd. 3. No Commercial Fertilizer Applicator or Noncommercial Fertilizer Applicator shall: A. Time of Application. Apply fertilizer when the ground is frozen or when conditions exist which will promote or create runoffs or between November 30 and April 1 of any year. B. Fertilizer Content. Apply fertilizer, liquid or granular, containing phosphorous or compound containing phosphorous, such as phosphate, except: 1. naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost; 2 . upon newly established or developed turf and lawn areas during the first growing season; or -3- 4 3. upon turf and lawn areas which soil tests confirm are below phosphorous levels established by the University of Minnesota Extension Services. A lawn fertilizer application shall not contain an amount of phosphorous exceeding the amount of phosphorous and the appropriate application rate recommended in the soil test evaluation. C. Impervious Surfaces. Apply fertilizer to impervious surfaces. Phosphorus applied as lawn fertilizer pursuant to subparagraphs 2. and 3. above shall be watered into the soil to protect it from loss by runoff. Subd. 4. General Regulations. No person shall apply fertilizer to natural water courses, public water basins, wetlands or public waters below the ordinary high water level of any thereof or within ten (10) feet of the upland side of any thereof. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sections 5.99 and 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1996. City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1996. -4- C DATE: 12/03/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: Iv. 6, SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Public Works Environmental and Waste Management Commission Request to Eugene A. Dietz Amend Code Sec.2.20 Requested Action: Adopt Second Reading of an Ordinance amending City Code Section 2.20 relating to the Environmental and Waste Management Commission. Background: On October 1, 1996, the City Council met in joint session with the Environmental and Waste Management Commission. One of the discussion topics was the revisions to the enabling ordinances under which the Commission operates. As proposed with this amendment, the code section is proposed to be revised to more accurately reflect the mission and work effort of the Commission. First Reading was approved at the November 19, 1996 Council meeting. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 2 .20 RELATING TO THE ENVIRONMENTAL AND WASTE MANAGEMENT COMMISSION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2 . 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS . THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1 . Section 2 .20 of the City Code is amended to read as follows : "Subd. 1. Establishment and Composition. An Environmental and Waste Management Commission composed of seven (7 ) members is hereby established for the purpose of advising the Council in all matters concerning the environment and their potential impact on the quality of life within the City. These issues involve aspects of waste management, water quality, water conservation, air quality, land use and other relevant environmental concerns . Commission members shall either be residents of the City or employed within the City; however, at least five (5) of the members must be residents of the City. The members shall be appointed for terms of three (3 ) years each. A term shall continue until the member' s successor has been appointed and qualified. Subd. 2 . Duties . The duties of the Environmental and Waste Management Commission are to advise the Council concerning the following: A. Recommendations regarding the management of environmental wastes : solid; liquid (including sewage) ; hazardous, radioactive; and other wastes; and review and make recommendations related to resource recovery and recyclables . B. Waste management and all other issues directly and indirectly affecting the air, water and land quality of the City in an effort to strike a reasonable balance between environmental preservation and development . C . Establishment of programs to disseminate information to residents regarding aspects of waste management practices within the community. D. Recommendations regarding ways, to improve, restore and protect the water quality of City lakes, wetlands and creeks, to ensure uses compatible to water quality desired by area residents and to maintain a healthy environment . 1 E. Development of a strategy to reach the community regarding the importance of environmental stewardship. Such strategy will make use of civic organizations, schools and churches, and provide speakers, facilitators and educators for environmental issues . The Commission will advise the Council on selection of the annual Environmental Quality Award to an Eden Prairie business that exemplifies sound environmental ethics . F. Actions and requirements of other units of local, state and federal agencies and their impact upon the City. Section 2 . City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2 . 99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3 . This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1996 . City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1996 . EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/3/96 SECTION: Consent Calendar ITEM NO. TV C DEPARTMENT: Parks, ITEM DESCRIPTION: Request by the Arts Commission for Approval of Recreation and .) ' ities Proposed Arts Commission Logo Laurie Helling d�� REQUEST: On behalf of the Eden Prairie Arts Commission, staff requests City Council approval of the proposed Arts Commission logo(see attachment). BACKGROUND: At the January 16, 1996 Arts Commission meeting, the Arts Commission established six goals for the Arts Commission, which were developed into the 1996 Strategic Plan/Project Management Program. Goal number six stated "undertake creative publicity and promotional efforts which enhance the visibility and awareness of the arts in Eden Prairie." One of the four tasks identified for this goal was to create a public relations program package and create an art in Eden Prairie logo. This goal was assigned to Barbara Nordby and Rachael Hutter. At the March 19, 1996 Arts Commission meeting, Nordby indicated that her son, Arik Nordby, Creative Director of Outland Design an Eden Prairie based advertising agency, would be willing to brainstorm logo ideas along with Commission representatives to accomplish goal number six. The Arts Commission accepted the offer extended by Arik Nordby. On May 21, 1996, Barbara Nordby presented a number of illustrations for a logo to be reviewed by the Arts Commission, which were created by Arik Nordby. The illustrations created by Arik Nordby for an Arts Commission logo were completed on a volunteer basis(no service fee). The Arts Commission determined at this meeting that they would put the topic of an Arts Commission logo on the agenda for the Joint City Council/Arts Commission meeting, which was held on August 6, 1996. The sample illustrations were presented and discussed at the joint meeting and were supported in concept by the City Council. On October 15, 1996, the Commission again reviewed and discussed logos prepared by Arik Nordby. Arik was asked by the Commission to prepare a sample logo using the green double leaf and the print from another sample logo. On November 19, 1996,the Arts Commission accepted the logo prepared by Arik Nordby as requested by the Arts Commission on October 15, 1996. 1 MOTION: Moved by Stark, seconded by Nordby, to accept the Arts Commission logo presented by Ank Nordby and present the proposed Arts Commission logo to the Mayor and City Council for approval. Motion passed 6-0 (Harry Gerrish absent). CLOSING COMMENTS: The Arts Commission logo, if approved by the Mayor and City Council, would be used by the Eden Prairie Arts Commission to promote arts in Eden Prairie through the various sponsored Arts Commission programs: • Staring Lake Concert Series • Eden Prairie Performing Arts Ensemble • DiverseCity on the Prairie • Art on City Walls • Young Audience Program • Chamber Music in the Park • Community Arts Festival Because it believes the arts are essential to maintain the quality of life in Eden Prairie,the Arts Commission exists to enrich the City's arts cultural by: • Nurturing diverse expression of the arts through the community; • Increasing the accessibility and afford ability of the arts for every Eden Prairie household; • Providing educational and participative opportunities that build understanding and awareness of the arts; • Coordinating arts functions and activities to serve the needs of all Eden Prairie residents. LH:mdd Attachment: Proposed Arts Commission Logo cc: Arts Commission Tria Mann,Recreation Supervisor Sandy Wefts,Recreation Supervisor ArtLogo.memo/Laurie96 2 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-3-96 SECTION: CONSENT CALENDAR ITEM NO. iY `• DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger VICTORY LUTHERAN CHURCH EXPANSION 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 Amendment within the Public District on 5.9 acres; • Adoption of a Resolution for Site Plan Review on 5.9 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Ordinance for Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement VICTORY LUTHERAN CHURCH EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN THE PUBLIC 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 zoning for the land be amended within the Public Zoning District. (Amending Ordinances#9-92 and#15-93) Section 3. That the proposal is hereby adopted and the land shall be, and hereby is, amended within the Public Zoning District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are, amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 3, 1996 entered into between Victory Lutheran Church, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of November, 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 3rd day of December, 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on . Z VICTORY LUTHERAN CHURCH EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 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: Summary: This ordinance allows the amending of land located at Eden Prairie Road at Berger Drive,within the Public District on 5.9 acres; subject to the terms and conditions of a developer's agreement. Exhibit A,included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the . (A full copy of the text of this Ordinance is available from City Clerk.) 3 VICTORY LUTHERAN CHURCH EXPANSION Exhibit A Legal Description Lot 1, Block 1, VICTORY CHURCH ADDITION, according to the recorded plat thereof, HENNEPIN COUNTY,MINNESOTA. L VICTORY LUTHERAN CHURCH EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR VICTORY LUTHERAN CHURCH EXPANSION BY VICTORY LUTHERAN CHURCH WHEREAS, Victory Lutheran Church has applied for Site Plan approval of Victory Lutheran Church Expansion on 5.9 acres for construction of a 4,000 sq. ft. single-story addition located at Eden Prairie Road at Berger Drive to be zoned within the Public Zoning District by an Ordinance adopted by the City Council on November 5, 1996; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 14, 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 November 5, 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 Victory Lutheran Church for the construction of a building addition,based on plans dated October 29, 1996,between Victory Lutheran Church, and the City of Eden Prairie. ADOPTED by the City Council on December 3, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk S VICTORY LUTHERAN CHURCH EXPANSION SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT,TO AGREEMENT,made and entered into as of December 3, 1996, by VICTORY LUTHERAN CHURCH, a non-profit corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City"; WHEREAS, Developer has applied to City for Zoning District,Amendment within the Public district on 5.9 acres, and Site Plan Review on 5.9 acres for construction of a 4,000 sq. ft. addition to the church, all situated in Hennepin County, State of Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and; WHEREAS, the parties desire to amend the Developer's Agreement between Lutheran Church Missouri Synod, Minnesota South District and the City of Eden Prairie for Victory Lutheran Church dated October 20, 1992 (hereinafter the "Developer's Agreement) for that portion of the Property legally described in Exhibit A, attached hereto and made a part hereof, and depicted as the "Amended Area" in Exhibit B, attached hereto and made a part hereof; NOW THEREFORE, in consideration of the City adopting Ordinance No. , for Zoning District Amendment, and Resolution No. , for Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of the Amended Area as follows: 1. "Developer shall develop the Amended Area of the Property in conformance with the materials revised and dated April 2, 1992 reviewed and approved by the City Council on April 7, 1992, and with materials revised and dated March 30, 1993 reviewed and approved by the City Council on May 18, 1993, and in conformance with the materials revised and dated October 29, 1996, reviewed and approved by the City Council on November 5, 1996, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein." 2. Developer agrees to all and reaffirms all of the terms and conditions and accepts the obligations of"Developer"under the Developer's Agreement, except as inconsistent with or amended by this Supplement. EDEN PRAIRIE CITY COUNCIL AGENDA DATE:12/3/96 SECTION: Consent Calendar ITEM NO...VC DEPARTMENT: Parks, ITEM DESCRIPTION: Klein/Peterson Property—Option#1 Recreation and Facilities Robert A. Lambert Earlier this year, the City Council authorized staff to apply for a matching grant from the Department of Natural Resources for the acquisition of Option Parcel#1 owned by Darril Peterson and the Klein family. The City was successful in obtaining the $145,000 grant for matching funds for the acquisition of Option Parcel#1. The option for 1996 is $19,000/acre for a 15.8 acre parcel;however,this is the parcel that has the steep ravine with the erosion problem. The Kleins and Mr. Peterson have agreed to reduce the cost for this parcel by one acre, therefore, the cost for this 15.8 acre parcel will be $281,200, assuming the option is exercised before the end of the year. RECOMMENDATION: City staff requests authorization to approve an amendment to the option that reduces the cost of the option by $19,000,due to the severe erosion on approximately one acre of the property; and to authorize staff to exercise the option to acquire this parcel as per the revised option agreement. BL:mdd Option.memoBob96 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calender December 3, 1996 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration 2nd Reading of Cable TV Franchise F Agreement Ordinance Requested Action: Approval of 2nd Reading of the Cable Television Franchise Agreement Ordinance. Background: The 1st Reading of the Ordinance was approved by the City Council on November 19, 1996. Form c\hr\council\agn-form.wpd Rev 12/4/95 H. SUMMARY OF THE CABLE TELEVISION FRANCHISE AGREEMENT ORDINANCE The Cable Television Franchise Agreement Ordinance ("Agreement Ordinance") grants a cable franchise to KBL Cable Systems of the Southwest Inc. d/b/a Paragon Cable ("Grantee") for 15 years. It also provides the effective date for the renewal. The Agreement Ordinance specifies that Grantee will upgrade the current cable system to a capacity of 750 MHz with 550 MHz reserved for providing the delivery of up to 79 analog cable channels (the present system has a capacity of 58 analog channels). The technical operations of the system shall also be upgraded and the Grantee shall provide standby power for the cable system. Grantee agrees to extend service to any residences receiving City water and sewer services. Parental control provisions shall be available to subscribers upon request. Under the Agreement Ordinance, Grantee shall provide a free connection and specified free cable services to public schools and municipally owned buildings. Free installation and service shall also be provided to private schools until the year 2000. A provision in the Agreement Ordinance allows the City to engage the Grantee in a periodic review process to determine whether the cable system is state-of-the-art. Such a review includes at least two public hearings to obtain public comment. Provisions in the Agreement Ordinance also permit the City to require subscriber surveys. The Agreement Ordinance requires the Grantee to provide four public, educational and governmental access channels. Grantee shall also provide leased access channels and the Metro Cable Network, Channel six, as required by law. Under the Agreement Ordinance, Grantee will combine the three existing public, educational and governmental access facilities into one large facility located in Eden Prairie. The Grantee is required to file a transition plan with the City describing this process. The combined facility will feature a studio with audience participation capacity, two separate editing suites, storage space, regular hours including evening and weekend hours, and it will be wheelchair accessible. Grantee will provide at least $200,128 in funding for the facility during the first year. After the first year, the Grantee shall provide sufficient financial and in-kind support to maintain a substantially equivalent level of services, facilities and equipment in the remaining years of the Agreement Ordinance. The Agreement Ordinance requires the Grantee to assist the City in providing live City Council meetings, reruns of government access programming and character generated programming on the government access channel. Grantee shall also assist the City in replaying tapes in pre-arranged time slots and it will switch to C-SPAN 2 or other comparable programming when the government access channel is not carrying live or taped government access programming. 2 The Agreement Ordinance requires Grantee to pay a franchise fee of five percent. Grantee must maintain a bond of$300,000 until the system upgrade is complete and then the City may reduce the bond to $100,000. Several provisions specify penalties in the event of non-compliance with the franchise and the procedures to enforce those penalties. In consideration of the Grantee's investment of$20 million to rebuild the systems for the Cities of Eden Prairie, Edina, Minnetonka, Hopkins and Richfield, MN, the Agreement Ordinance contains a competition adjustment provision that relieves the Grantee of certain franchise fee and public, educational and government access obligations within a city if a wired competitor offers video programming services in that city. 598968 3 I IIIO Tntcrnational Centre 900 St find Avenue"' h Minneapolis, MN 55402-;397 FREDRIKSON & RYRON, P.A. c612l S4T7uoo FAXOM 147-7077 Attorneys At Law Direct Dial No. (612) 347-7131 thurria®fredl aw.corm MEMORANDUM TO: City Council FROM: Theresa M. Harris, Esq. Fredrikson & Byron, P.A. SUBJECT: Modifications to the Cable Television Regulatory Ordinance and Cable Television Franchise Agreement Ordinance DATE: November 27, 1996 The City of Minnetonka and Paragon Cable suggest the following modifications to the Cable Television Regulatory Ordinance and the Cable Television Franchise Agreement Ordinance: 1) Cable Television Regulatory Ordinance Language has been added to Sections 8(F) and 8(G) regarding reimbursements for the relocation of Grantee's property at the request of the City. These sections state, in part, that if the City requires the Grantee and non-municipally owned utilities to relocate their property, and if the City uses its own funds to reimburse any non-municipally owned utility for the relocation of its property, the City will reimburse the Grantee for the relocation of its property. The new language clarifies that the City is not required to reimburse the Grantee if the City receives something of approximately equal value from the other utility in exchange for the reimbursement. Additionally, this requirement shall not apply when the City reimburses an electric utility through franchise fees collected by the electric utility that are dedicated in whole or in part to the undergrounding of the electric facilities. 4 £ I WOMJ 'a LT :ZT 9661 'LZ"TT HREDRIKSON & BYRON, PA. Attotney.At Law City Council November 27, 1996 Page 2 2) Cable Television Franchise Agreement Ordinance A Section 6.7 has been added that states that the City can utilize the Grantee's poles, towers and underground conduit to the extent that it will not interfere with the Grantee's use or use by other telecommunications providers. The City shall compensate the Grantee for any costs incurred by the Grantee due to the City's use of the Grantee's poles. 3) Cable Television Franchise Agreement Ordinance In Section 10.3(A), language has been added that states that the Grantee is obligated to establish the security fund if the City states that there is a non- compliance, even if the Grantee disputes the allegation of a non-compliance. 603742 'd LT :ZT 9661 'LZ ' T1 T WOdd CITY COUNCIL AGENDA DATE: SECTION: Consent Calender December 3, 1996 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration 2nd Reading of Cable TV Regulatory - G, Ordinance Requested Action: Approval of 2nd Reading of the Cable Television Regulatory Ordinance. Background: The 1st Reading of the Ordinance was approved by the City Council on November 19, 1996. Form cUul council\agn-form.wpd Rev 12/4/95 SUMMARY OF THE FRANCHISE RENEWAL DOCUMENTS FOR THE CITY OF EDEN PRAIRIE November 13, 1996 I. SUMMARY OF THE CABLE TELEVISION REGULATORY ORDINANCE The Cable Television Regulatory Ordinance ("Regulatory Ordinance") provides the franchising process and requirements for all cable operators within the City of Eden Prairie. It defines the terms used within the documents. It also outlines the authority that the City of Eden Prairie has to grant cable franchises. The Regulatory Ordinance provides an application process for new applicants and a renewal process for current applicants. The Regulatory Ordinance specifies that no franchise can be granted for a period of time longer than 15 years. It also describes the franchise territory. Within the Regulatory Ordinance, franchise administration procedures are outlined. The Regulatory Ordinance specifies that the City Manager or the City Manager's designee is responsible for cable administration. Under the Regulatory Ordinance, the City is authorized to delegate its rights regarding administration of the Regulatory Ordinance. During emergencies or disasters, the City is authorized to use the Grantee's emergency alert system. The Regulatory Ordinance provides construction requirements that outline the responsibilities of a Grantee during the construction of a cable system and specifies the process for the movement of or removal of the Grantee's equipment at the request of the City or another person. Additional construction issues addressed by the Regulatory Ordinance include interconnection with adjacent systems, abandonment of the cable system and removal of the cable system. The Regulatory Ordinance incorporates the Federal Communications Commission's technical standards by reference. To address customer service issues, the Regulatory Ordinance incorporates the Federal Communications Commission's customer service standards and includes additional customer service standards regarding outages, subscriber complaints, subscriber practices, subscriber charges, rate regulation and the rights of individuals. It also requires each Grantee to maintain a local office. The Regulatory Ordinance requires each Grantee to provide public, educational and governmental access programming and facilities consistent with state and federal law. Provisions within the Regulatory Ordinance allow the City to review Grantee's records and books. The Regulatory Ordinance also specifies the documents and records that each Grantee must provide annually including an Annual Performance Review. 1 The Regulatory Ordinance provisions state that the City has the right to review transfers of ownership and to match a bona fide purchase offer for an asset sale of the system. Additional provisions govern the City's right to purchase the cable system upon forfeiture, revocation or expiration. To minimize litigation, the Regulatory Ordinance contains mediation procedures. The Regulatory Ordinance also affirms the City's right to assess a franchise fee. To protect the City, the Regulatory Ordinance includes provisions detailing the Grantee's liability for damages and penalties, the Grantee's responsibility for indemnifying the City, requirements for security funds, and insurance requirements. The Regulatory Ordinance contains extensive default provisions including requirements for the continuation of cable services if a franchise is terminated or if it is not renewed, and foreclosure and receivership procedures. Additional provisions in the Regulatory Ordinance include a Force Majeure provision allowing exceptions for events beyond the Grantee's control, a severability procedure and an effective date provision. 3 DATE: 12/03/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 1/ SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of American Lutheran Church 3rd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the fmal plat of American Lutheran Church 3rd Addition subject to the following conditions: • Receipt of engineering fee in the amount of$250 Background: This proposal consists of replatting Lots 3, 4 and 5 of Block 1, American Lutheran Church 2nd Addition to provide for a slightly larger buildable area in Lot 4. Lot 4 will be acquiring 1.5 feet from each of the adjoining Lots 3 and 5, thus expanding the width of Lot 4 by 3 feet. This request falls within the guidelines of a simple subdivision request within City Code and staff feels that this method best accomplishes what the property owners desire, and at the same time meeting all zoning requirements. JJ:ssa cc: Larry Severson, Severson Homes, Inc. 201 West Burnsville Parkway, Suite 148 55337 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF AMERICAN LUTHERAN CHURCH 3RD ADDITION WHEREAS, the plat of American Lutheran Church 3rd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for American Lutheran Church 3rd Addition is approved upon compliance with the recommendation of the City Fngjneer's report on this plat dated November 22, 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 December 3, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk Z EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-3-96 SECTION: PUBLIC HEARINGS (� ITEM NO. V. A DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEARPATH 7TH ADDITION Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for PUD District Review on 28.75 acres and Rezoning from Rural to R1-13.5 on 28.75 acres; • Approve a Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 28.75 acres; • Approve a Resolution for PUD Concept Review on 489.7 acres; • Approve a Resolution for Preliminary Plat of 69.70 acres into 39 lots. Background: The City Council reviewed this project at the November 19, 1996 meeting. The City Council voted to continue the item with direction to revise the plans to reduce tree loss to 31%, remove lot 6 and 18, and relocate the trail. The attached letter from John Vogelbacher indicates a response to the City Council's direction. Bearpath has agreed to reduce the tree loss, (but has not provided a plan which shows this) wants lot 6 and 18 left in the plan, and does not want to relocate the trail. Recommendation: Revised plans were not submitted for review until Tuesday afternoon. Staff did not have enough time to review the plans and prepare a recommendation. The staff would suggest a continuance until December 17, 1996. Supporting Reports: 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Correspondence I BEARPATH 7TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Bearpath 7th Addition by Bearpath Limited Partnership for construction of 39 lots requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota,hereby proposes the amendment of the Plan as follows: 28.75 acres from Open Space to Low Density Residential all located at North of Bearpath Trail and south of Rice Marsh Lake. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2 BEARPATH 7TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BEARPATH 7TH ADDITION FOR BEARPATH LIMITED PARTNERSHIP WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD)Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Bearpath 7th Addition PUD Concept by Bearpath Limited Partnership 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 December 3, 1996; NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Bearpath 7th Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated November 12, 1996. 3. That the PUD Concept meets the recommendations of the Planning Commission dated October 28, 1996. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk BEARPATH 7TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF BEARPATH 7TH ADDITION FOR BEARPATH LIMITED PARTNERSHIP BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Bearpath 7th Addition for Bearpath Limited Partnership dated November 12, 1996, consisting of 69.70 acres into 39 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 3rd day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk q „.: ..... -Nt. o.,, . .. _ . .. .. -4 _. - ' — ikil,._ 3:;:,' ' ill 1A1PATII 11 YI l I u 11 fI i- . .. n ' 1 , i' I 11 II November 2S, 1996 Mr. Mike Franzen City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Bearpath 7th Additioa. Dear Mike, Following the Council meeting of November 18, 1996 and our phone conversation last week,Bearpath would like to respond to the following issues that where bristly identify by the Council during the meeting. 1. Tree Lass.We have directed our engineering firm James R. Hill,to make numerous revisions to the Bearpath 7th Add'ition grading plan to reduce the tree loss on the site. Last Friday, I was informed by their office that they had identified 24 significant trees that would be saved by these chimps. A total of 441 caliper inches would be saved by these modifications and the resulting tree loss percentage would be reduced to 30.6%. Under separate cover we will deliver a copy of the revised plan for your review. I would also like the Council to be reminded that the previous tree loss of 35%was approved by both the Planning and Park Commissions and is within the expectable range diem far similar projects approved by the City. In addition,the custom lot design will save a significant number of additional trees as each of the homes in this addition are built. Currently Bearpath has exceeded their current tree loss requirement by 2,270 inches with a projected additional 3,000 inches to be planted during the final completion of the currently approved development. i f II U O r► i n — r r 1 r n 1 l f VA 1' n P r n 1 r l c MN i , 1 .i 1 1 li I ;t 41 7 .i - it o n ii 1. 0 r y .. r . 1 r I I i r r T 4 9 4 11 Viking 1) r i v , 1 M + n .. n i. n l 1 a . 141 N ) 1 •1 'S 1) 1 11 1 '.1 M 'i :, :! M O K Hlbd21tl99 9I,£:0N £0/20: S£: I,I, 96/52/L L OS06SL62L9 w Fage 2. Mike Franzen November 2S, 1996 2. Boardwalk portion of the park trail.The objection of this portion of the path is completely without merit. All plans and boardwalk specifications would be approved by the city and safety is not an issue. Ceil Straus, the area representative for the DNR,has found no objection to this concept. Numerous others cities including Minnetonka, Richfield and Bloomington have constructed wetland boardwalks to enhance the quality of their nature trails. The fact that the City of Eden Prairie currently has a number of bridges on city paths and is currently planing to construct thousands of lineal feet of boardwalk through a city nature preserve is thither evidence the objection of this proposal is simply unreasonable. Bearpath sees no reason to alter this proposal as approved by the Park Commission. 3.Lot 6-Creek Crowing. Bearpath has no other feasible alternative for access to this four acre parcel. The Cities own mapping of 212 has created this situation. If the crossing is an environmental concern,then that issue would certainly be addressed when a permit from the Watershed and the DNR are reviewed and evaluated. If the grade of the proposed driveway is of concern,we would then suggest placing a maximum grade requirement on this lot. Bearpath requests that this lot be approved subject to the securing of the required permits and a setting of maximum driveway grade. 4. Lot 18.This lot meets all cities ordinances. The comment was made that it was too dose to the creek when in fact the house pad is greater than 130 feet from the creek. Subject to the revised grading plan to reduce the tree loss on the Bearpath 7th Addition Bearpath maintains the subdivision submitted is a plan that deserves approval. Mike,if you have any questions regarding this response,please contact me at your earliest convenience. Sincerely. Golf , Country Club ta,... Art �. I Project Manager cc: Jeff Anderson Bearpath Limited Partners G 9 L£:ON £0/£0: rg 5£: L L 96/2/L L 050651.62 L9 �, H111d211138 MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities FROM: Stuart A. Fox, Manager of Parks and Natural Resources DATE: November 14, 1996 SUBJECT: Bearpath 7th Addition At the November 4, 1996 Parks, Recreation and Natural Resources Commission meeting, the commissioners voted 5-0 to continue the review of the development project known as Bearpath 7th Addition. Return to the Commission was conditioned on information that was lacking at the original meeting including the following items: 1. Complete trail plan indicating a 40-foot wide outlot and bridge locations. 2. A complete landscape plan indicating species, sizes and the number of trees to be planted and their sizes. 3. Delineation of an area to be set aside under a scenic and conservation easement for preservation. 4. The status of the 4-acre lot which requires a private crossing of Riley Lake Creek for access. Trail and Sidewalk Issues The developer has submitted a map which redefines Outlot A and shows detailed plans for raised boardwalks to accommodate an eight foot wide trail. The staff has reviewed these items and feels that this does meet our requirements to continue the trail from the south through this project. Landscaping The staff has contacted the developer and requested a list of tree species and sizes to supplement the original information that was submitted. As of this date,that information has been talked about over the phone,but nothing in written form has been received. Staff will forward the information to the Council and the Parks, Recreation and Natural Resources Commission at the meetings. Scenic and Conservation Easements The staff has not received a map indicating the proposed location of any scenic and conservation easements from the developer. The staff has recommended that the scenic and conservation casements cover the area from the high water level in Outlot A, as the floodplain elevation of Riley Creek. The staff has made these recommendations to the developer and is awaiting a map that would delineate that information. Staff will forward the maps to the City Council and the Parks, Recreation and Natural Commission when they are received. The Status the Private Lot with Creek Crossing Staff has confirmed that a recommendation was made by the Planning Commission that the developer eliminate the private creek crossing and not have a lot on the east side of Riley Creek. The recommendation was made by the Planning Commission since this would require a variance and they felt that his particular variance would be one that would cause some future problems if a house was build on that long driveway. RECOMMENDATION: Staff would recommend that if the proper information is received and reviewed by the commissioners, the project be approved as per the following: • With a reduction of one lot—to be a total of 38.par.E;.,. • With a scenic/conservation easement over the position of Outlot A below the 879 contour. • A trail use easement be given to the City following construction by the developer. • Tree replacement would be done concurrent with construction. •— _- = .V.I..... ...... . ...40„..e, • 1 ... _ ,.__ ...,,,, PLARPATH !, al ! A . J r n o tl I r y JUL PACBIXILE COVER LITTER Our FAX number is (612) 975-9050 TO: s7UAgY 60X FAX: q` — ,'3?0 IROX: .-St, t4AJ 1/37C-16.E DATE: Ilfftih(o Number of pages, including cover ■hest: (.) comments: S7 t 7j /5 ' A- p aT' AR1 P/")A) 4- Ir .tom lk. gP rya% A.D C: .,J _144000 n/s. 'ul- .d/Zrwy v ZS �c, d1 M4A4/9 PE14;JI-e Pv 1,i A) 64- Lioe_e sa ' oc, 61,044.) tee.7 ireleE, eizer..‹. /-'',..:'"„4"iir..s- ''' , I/ If you do not receive the entire WAX, please call ua as soon as possible at : (612) 975-0000. Thank you. wAauxilOI The document being faxed is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you ars hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the address below via the United States IPakdl0 seetice.e e r I�r r a l l I [ J • n Prairie . MN 5 5 3 4 7 16 I2 - 9 T .i _ 0 0 0 0 Corpordir ( t , e 14940 Viking Drive I Mlnnnapnils . M N 55435 1 611 • 835 - 28U +1 9 2 2:0N 20/LQ g Z L L L 96P7 L/L L 05065L62L9 Hidd V9G BEARPATH 7TH ADDITION TREE REPLACEMENT PLANT TYPE KM/MU 120 TOTAL 3 40 Silver Maple 40 Pine Oak 40 Ash These trees to be grouped together by species WEST BOUNDRY 167 TOTAL 121 - 14' Mix of Norway Pine 20% Black Hills Spruce 40% Colorado Blue Spruce 40% LOT,PL___Aharti ; 39 TOTAL 12" MIN PER GOT To be determined by owner &,neA. +0f TOTAL INCHES: BLVD TREES 420"lit/ WEST BOUNDRY 446" LOT PLANTING 830" I,706" • 10 05065L6Z L9?i2 oN (1/70: rD ?L:J L 96/4i L/L L Nldd2id38 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES MONDAY,NOVEMBER 18, 1996 7:00 P.M. CITY CENTER 8080 MITCHELL ROAD Council Chambers COMMISSION MEMBERS: Claire Hilgeman, Chair; Bruce Bowman, Richard Brown,Don Jacobson, Vicki Koenig, David Kracum, John Wilson STUDENT REPRESENTATIVES: Jennifer Freemyer, Melody Hasse COMMISSION STAFF: Robert A. Lambert,Director of Parks,Recreation and Facilities; Stuart A. Fox, Manager of Parks and Natural Resources; Joel Klute, Ice Arena & Concession Coordinator; Elinda Bahley, Recording Secretary I. ROLL CALL The meeting was called to order at 7:04 p.m. by Chair Hilgeman. Commissioner Kracum was excused; all other members were present. II. APPROVAL OF AGENDA Koenig added under Reports of Commissioners, B,Update on Staring Lake. MOTION: Wilson moved, seconded by Brown,to approve the agenda as published. Motion carried 6-0. III. APPROVAL OF MINUTES-NOVEMBER 4, 1996 MOTION: Koenig moved, seconded by Wilson, to approve the Minutes of the November 4, 1996 Eden Prairie Parks, Recreation and Natural Resources Commission as published. Motion carried 4-0-2 with abstentions by Hilgeman and Bowman. IV. PETITIONS,REQUESTS AND COMMUNICATIONS A. None V. DEVELOPMENT PROPOSALS A. Bearpath 7th Addition Staff referred the Commission to a memo dated November 14, 1996, from II Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,November 18, 1996 Bob Lambert, Director of Parks, Recreation and Facilities and a fax dated November 14, 1996, from John Vogelbacher. John Vogelbacher,representing Bearpath,reviewed the revisions made at the direction of the Parks Commission at the November 4, 1996 Parks Commission meeting. The actual species of the boulevard trees to be planted include Silver Maple, Pine Oak, and Ash. The trees along the west boundary are a mix of Norway Pine, Black Hills Spruce, and Colorado Blue Spruce. There is a 12-inch minimum per lot allowance for each of the homes built within the proposed 7th Addition. He reviewed the revised site plan. It included pulling the lot lines back off Rice Marsh Lake providing for a 40-foot trail easement rather than a 20-foot trail easement on the west boundary of the proposed addition. It also shows the location of the trail and any specifics relative to the boardwalks that would be constructed. This is actually the type of construction that they built for their cart paths on the golf course in Bearpath so they already have a number of those. There is a railing detailed. They don't have a railing on theirs but it could be added depending on staffs recommendation. The DNR would have jurisdiction over the creek crossing. They would have to apply and receive permits from DNR to have construction of such boardwalks or bridges. Another issue that came up was the actual conservation easement and staff made the recommendation to set that at the high water elevation of the lake. The 879 contour being the conservation easement of Rice Marsh Lake and a 50-foot conservation easement off the ordinary high water level of the creek itself is what's proposed, and generally it's the recommendation of staff. There was an issue discussed about the one lot east of the creek, Lot 6, the triangular shaped portion of the proposed 7th Addition. He has talked with the Engineer about the elevation of the driveway and there was a concern about fire access to the lot. He was not adverse to putting some restrictions on that lot relative to what the driveway needs to be. They have four acres over there and could put a driveway in. There's a crossing of the creek which needs to be permitted by the Watershed District and the DNR. This has been done on four separate occasions in Bearpath already. The amount of disturbance to the creek itself and disruption would be minimal and they would like to consider maintaining their ability to place a hold on that lot. Fox reviewed the staff report with the Commission. Staff does concur that the information that was provided is more valuable than what was at the last 2 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,November 18, 1996 meeting. It does widen out the outlot to the property width and the details of the boardwalk is sufficient. As far as staffs recommendations on side rails, it would depend on the elevation above the ground. There is a recommendation in the trails portion of the Guide Plan and there is a stipulation that if they are a certain height it would have to be side railed for the safety of the public. In terms of the landscaping, the materials listed does satisfy the spirit of the landscaping. Typically the way Bearpath operates, they do have a landscaping allowance for each one of the units and the homeowners pick the type of materials they want. That's why a portion of it is not specified. The 879 contours of the high water level would keep that area pristine to any tree cutting or any modification to it. Regarding the private lot across the creek,the Planning Commission wanted this project to be variance free and that was the only remaining variance for that creek crossing. Three of the four creek crossings are for golf carts but there is one bridge which is sufficient for service vehicles, trucks and fire trucks. It's built up to City standards. Koenig asked if the residents are required to put trees in or is it optional. Vogelbacher noted that part of the covenants they are required to plant a minimum of 12 inches but they typically plant more in the range of 20 percent. Brown asked who determines whether the deck trails over the wetlands needs a railing. Fox replied staff determines that. Staff recommends anything 18 inches or two feet above requires a railing. Brown was concerned about the safety issue regarding the boardwalk edge. Fox replied they could put up a chain link fence to keep the people from falling off the deck and into the ravine. Hilgeman questioned what the tree loss is on the site. Fox noted it was about 35 percent. When the project initially came in it was about 47 percent. Staff believes 35 percent tree loss is slightly above what they would expect throughout the other portion of the Bearpath PUD. Hilgeman was concerned about the high number of conifers as opposed to deciduous trees. Fox indicated that conifers fit the site and explained why. The public hearing was opened. Larry ( ), 18803 Magenta Bay, indicated he lives in the Winfield 3 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,November 18, 1996 Community north of Rice Marsh Lake. He commented he was opposed to this project and any variances that would be granted. He was concerned about the lay of the land,the green aspect,the wetland aspect, and the beauty of the wildlife that is present. He believes the development takes that all away. He didn't know of any other trail aspect that goes through a marsh land in Eden Prairie and was concerned about setting a precedent. Besides the loss of the woodland, it would very much be an adverse effect on marsh land on the south side of Rice Marsh Lake. He was also opposed to the wooden boardwalks because it seems to be negative and adversely effects the wildlife. It should not be going through the marsh land and it should be on solid ground. If there is a variance required for this he is opposed to it. Hilgeman explained that there is no ordinance that says you cannot put a trail over a marsh area,therefore,there are no variances for that. Fox noted the requirement would be what the DNR imposes on those areas. If these boardwalks have already been used in Bearpath and accepted by the DNR, they would be permissible in this type of situation. Bob Rose, 18708 Magenta Bay, commented he has followed the process ever since it was presented at the Planning Commission and he is disturbed with the City's attitude. The tree loss is grossly excessive. He doesn't understand how they can remove trees over 30 inches in diameter. It would be a shame to see the natural wildlife at the lake change its natural characteristics. He only became aware of the boardwalk issue a week ago and cannot imagine it having any benefit to the citizens. A trail on the north side of the lake was required by the City so why are they deviating from it by putting a boardwalk in a marsh area. He was also concerned about the safety of children in that area. He is on record that if this project goes through he feels the citizens are not being heard on this project. The Planning Commission has disregarded their comments and not listened to them. The citizens have gotten no feedback at all. This area was designated as an open public area in 1982 in the last City Guide Plan and he wants to know what the compelling reason is now to change the Guide Plan. The developer bought that land knowing what the use was going to be. The Planning Commission was opposed to Lot 6 but voted for the project anyway. He doesn't understand why the project went forward. Lambert commented that the Planning Commission and Parks Commission did not have a lot of choices regarding approval of this project. When a property owner comes in,makes requests that follow all ordinances, they do have the right to develop their property according to City ordinance. The 4 Jy Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,November 18, 1996 Commission does not have the right to say no because there are nice trees on the property. Staff would like to see it preserved but the City's choice is either buy it or approve it by the ordinance. The City does not have nearly the amount of latitude that a lot of residents think they have. He reviewed the three areas where there will be boardwalks noting they would not allow a trail to go through if it would be dangerous to the people using it. Staff recommended approval of the plan with no variances which means no development of Lot 6 on the east side of the creek. He noted that 35 percent tree loss is in the range for these type of developments. It's generally 30 to 35 percent on residential and noted that the homes in Winfield had the same amount of trees taken out. Hilgeman explained what a significant tree is noting that they try to preserve 70 percent of the significant trees on a site. The City requires a full replacement that other communities don't require. They might lose tree canopy but in the end obtaining a good number of trees. The fact that it's gone to the Planning Commission three times and the Parks Commission twice shows that their trying to make this right and are looking at it very closely. A resident in the audience commented that the engineer told the residents this land will never be developed and will remain forest. He was frustrated that the City doesn't want to back up the words they gave him in terms of promises to those of them who did build on the other side. There is no accountability here and that's what disturbs him. Lambert replied that there isn't any City staff that can"promise" you anything. The City Council can change whatever they want. City staff is responsible to explain what the Guide Plan says. The City cannot afford to buy every nice piece of land in Eden Prairie and a lot of people think the City has bought more land than they should. Larry ( ) commented that a Dayton family recently donated a hugh track of land for conservation purposes. He asked the developer of Bearpath to consider a similar action of donating that land to the community or DNR for similar conservation purposes. Bowman was concerned about a chain link fence and suggested a wooden fence because it's better aesthetically. Koenig suggested doing something similar like at Staring Lake where it crosses Purgatory Creek as a bridge. Lambert replied they could do that and it's safe and nice looking. 5 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday, November 18, 1996 Jill( ), 18887 Magenta Bay,asked why the path does not follow the marsh delineation. Lambert replied they have no ordinance that says where a path has to go in Eden Prairie. In situations like this they try to be reasonable when developers come in. They try to locate paths where it would not be a problem for the people that live adjacent to those paths and try to get those paths as far away from the backyards as possible. If the developer is willing to pay for the boardwalk, it would make a very acceptable path, assuming it meets all permit requirements. Koenig asked if staff would support having a trail at the present location because of the backyard issue as opposed to following the 879 contour. Lambert replied yes. Bowman asked if the City will be designing the trail. Lambert replied no, that the City will approve the design which has to be designed to City standards, with Watershed District and DNR approval. MOTION: Hilgeman moved, seconded by Jacobson,to approve Bearpath 7th Addition as per staff recommendations of November 4, 1996 with the following additions: 1) that staff recommendation#4 be tree replacement and trail construction would be done concurrent with construction, 2)that the development be subject to the DNR permit, 3)that the design and materials used in boardwalk construction be approved by City staff, 4)trail design and construction by developer subject to City approval and DNR permit, 5)trail location to be approved by the DNR. Motion carried 6-0. B. Smetana Lake Apartments Staff referred the Commission to a memo dated November 14, 1996, from Stuart A. Fox, Manager of Parks and Natural Resources and a Staff Report dated November 8, 1996, from Michael D. Franzen, City Planner. Dave Clark, architect, reviewed the development proposal with the Commission noting they are looking at upgrading the roadways. He reviewed the site plan indicating that the buildings are set up in the middle of the site. There are 275 units in two buildings with an underground garage. He discussed the landscaping aspect of the project noting the site is going to require significant grading. He explained the grading plan. They are looking at keeping the area as simple as possible. They are positioning the parking area in a way to create a private road along the south side of the lake. They want to keep it in a country road atmosphere. The area along the lake will be kept natural and 75 feet along the creek edge will not be touched at all. The 150-foot setback from the building will be set up as a preservation area. 6 it" EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-3-96 SECTION: PUBLIC HEARINGS ITEM NO. V DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger TCF BANK Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for PUD District Review on 10.4 acres and Zoning District Amendment in the I-2 Zoning District on 10.4 acres; • Approve a Resolution for PUD Concept Review on 17.4 acres; Background: The Planning Commission voted unanimously to approve the project at the November 12, 1996 meeting. Supporting Reports: 1. Resolution for PUD Concept Review 2. Planning Commission Minutes dated 11-12-96 3. Staff Report dated 11-8-96 4. Correspondence TCF BANK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF TCF BANK FOR TCF BANK WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD)Concept of certain areas located within the City; and, WHEREAS,the City Planning Commission did conduct a public hearing on the TCF Bank by TCF Bank 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 December 3, 1996; NOW,THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. TCF Bank, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated November 26, 1996. 3. That the PUD Concept meets the recommendations of the Planning Commission dated November 12, 1996. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk TCF BANK Exhibit A Legal Description Lot 1, Block 1,Datasery Business Center 5 APPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION TUESDAY,NOVEMBER 12, 1996 7:30 P.M. CITY CENTER Council Chambers 8080 Mitchell Road IV. PUBLIC HEARINGS A. TCF BANK by TCF Bank. Request of PUD Concept Review on 17.4 acres, PUD District Review on 10.4 acres, Zoning District Amendment in the I-2 Zoning District on 10.4 acres and Site Plan Review on 10.4 acres. Location: Technology Drive and Prairie Center Drive. Dave Sellegren,representing TCF Bank, indicated TCF Bank is pl nning to move executive offices, its financial corporation, and corporate operation center to the proposed building. Opus Corporation has designed and constructed the building and are in the process of selling it to TCF Bank. TCF Bank has asked Opus to assist in re-figuring the internal and external spaces. They are expanding the parking area and increasing the landscaping as part of the moving process. Michelle Foster, senior director of real estate development for Opus Corporation,reviewed the development proposal with the Commission. TCF Corporation's attempt to purchase this building and use it primarily for office purposes requires an amendment and a variance from 50 percent office requirement to 90 percent office use in the building. In order to permit that kind of usage in the building it was necessary to reconfigure the parking area and expand the parking area to permit the employees to occupy and utilize the building to its capacity. She reviewed the parking plan prepared as a result of discussions with the Minnesota Department of Transportation regarding the future improvements of Technology Drive and Prairie Center Drive. They have revised the landscaping plan to allow the parking expansion, as well as to provide substantial improvement in the landscaping of the parking lot. She reviewed the landscaping plan which depicted what it will look like upon the completion of the MnDOT improvements and the parking expansion. They have increased the perimeter landscaping both to improve appearance of the building and to compensate for the 15 foot setback which they are asking for along Technology Drive. She believes this to be a significant improvement over the existing plan accounting for the changing that will occur with the MnDOT improvements. This will actually provide for a greater green space around the perimeter of the site which includes the right- Eden Prairie Planning Commission November 12, 1996 of-way which MnDot will be providing in the improvements. These improvements require two variances and they are in support of staffs recommendations. Ismail was concerned about the 10 percent manufacturing use. Foster indicated there would be no manufacturing done at this building. It would primarily be used for storage type purposes of documents and records. It would be a warehouse or storage use. Wissner asked for a time frame of the project. Foster replied the anticipated closing of the property with TCF Financial is expected to occur before the Christmas holidays. They would be commencing with improvements to the building almost immediately with occupancy for March of next year. Wissner asked when the landscaping will be installed. Foster said the actual timing of the improvements is a little uncertain to the extent of when the parking lot expansion would occur. Her guess is that it may occur calendar year 1997 or it may coincide with the MnDOT improvements. MnDOT is talking about starting the improvements in this area in late 1997 and in early 1998 over a two year construction period. The parameter landscaping would not make sense to go until the MnDOT improvements are completed. Franzen said staff recommended approval according to the recommendations on page 3 of the staff report. Included in the packets are a blue line drawing which represents the 48 additional trees that TCF Bank previously agreed to. The Public Hearing was opened. Ray Pivainen,director of real estate for Fairview Hospital, indicated they are the neighbor property to the south. They are delighted to have TCF Bank moving next door and are looking forward to supporting them. He supported the two waivers being requested and believes the parking lot will coincide nicely with the interaction as well as the roadway works. They are willing to work with Al Gray and MnDOT because it affects both properties. He was concerned about access during construction and the current access which is not seen on the drawing. The current access is further to the south end of their property. He supported this project as it stands. Al Gray, City Engineer, stated that the main access into both this property and to the clinic has a common intersection with new Technology Drive. That will be a signalized intersection and it should provide very good access for both 2 Eden Prairie Planning Commission November 12, 1996 buildings. He commented that the new Transit Hub will be located across the street which will give easy access for employees and patients to get to either building. Southwest Metro may be willing to work with TCF Bank employees to customize some of the service they have. MOTION 1: Wissner moved, seconded by Habicht, to close the public hearing. Motion carried 6-0. MOTION 2: Wissner moved, seconded by Habicht,to recommend to the City Council approval of the request of Twin City Federal for PUD Concept Review on 17.4 acres, PUD District Review on 10.4 acres, Zoning District Amendment in the I-2 Zoning District on 10.4 acres and Site Plan Review on 10.4 acres based on plans dated November 8, 1996, and subject to the recommendations of the Staff Report dated November 8, 1996. Motion carried 6-0. 3 C C STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen,City Planner t � ., 7 DATE: November 8, 1996 SUBJECT: TCF Bank APPLICANT: TCF Bank FEE OWNER. Opus Corporation LOCATION: Southeast corner of Prairie Center Drive and Technology Drive REQUEST: 1. Planned Unit Development Concept Review on 17.4 acres. 2. Planned Unit Development District Review on 10.4 acres. 3. Zoning District Amendment lithe 1-2 Zoning District on 10.4 acres. 4. Site Plan Review on 10.4 acres. 1 (1°- Noraftimi, . - •. ....:: ..,11 44,ve , ••;"$;' 46 -- -- ;•.,• .• i., . V• •61.• 4?•• ••:'-‘ • • ÷Tis ; ...:..i....::.' •••0' .Z'• / in7---7--- cl, nt •Ii: s /,-...:' 49 4 / ( rt- , .:.t. ). '... C''' A PRA IRF:: _fc A i.*: L) -tv VIEW E OE N Nat L•-• :•9 -•-•%.- ?, / EXECUTP 5 1•••• - CENTER ^ ••••.. ..// As FOUR •,i < , i "NAG R ::•f;* 1'1 PLAZA . .. •4•Z' is-- K.:, to ii - W. 78 TM S T. • •-•::::::::::E:: _,,,,..„.„..„---/_,,,••••••-\\ -7.:(430.14. ...,,cril ...•.........•.. .......---------------: ill ..... 44) ,c.._ . . ,,•: . • •:„...„.:•:.:.:.:.:• .•••:.:•:•:.:.:.„. • ::::.::::::::::::: :.••,.:.:•7. .•.•. . . . . . . •t:::•:•:-:•:•:•:-: iDi4WILD OFF.iCE kr: E..F! MARKS CENTER E.T?mi...lixrr i T i FLAGSHIP 5% I.4 Pit i , --.....,,........ MONTaNi ift ... ADDITION . kEt414....sair il — - — - — I 1-c • ._...z..,:::3 • •.., ......_.• 1 ,t- C.3c30\ .. *, ? ......-:;:p••,•_,. • , - •••• :•'t. <-L'-"-- 1'71tt) • ."' F.- NI a 4.,t c-• -:,, 4‘ .;..-----,,, ,4 1 c.,;,.- _G.....-t . V-ZT$ 7 AN AV .::.4 •:4P ft t1P... . .''•:14.4critr -V/-.'" - ""=--.:? 1 • I r410 17)// - -••-• •' - .1" "4, ri \ Cr u i FOUNIAIN A ) Staff Report C TCF Bank November 8, 1996 BACKGROUND The site is currently zoned and guided Industrial. DEVELOPMENT PROPOSAL TCF Bank is requesting a waiver from the City code to allow up to 90% office use on land that is currently zoned Industrial TCF Bank is also requesting a front yard setback waiver for parking from 50 to 15 feet along Technology Drive. Since the building is built to office standards for building materials and landscaping,additional office use of the building is acceptable provided there is adequate parking and if parking can be screened. The parking requirements for 90%office use and 10%manufacturing use is 624 parking spaces. The site plan shows a total of 574 parking spaces. To meet the City code requirement for parking, a proof of parking plan is needed. This would be a parking deck with 50 spaces. The amount of parking provided meets the needs of TCF Bank .The deck would be built if additional parking is needed by TCF Bank potential other office users ofihe building. Due to the steep slope on the east side of the property,the existing DataSery building was located closer to Prairie Center Drive. The City code setback requirements work when the building is occupied to a maximum of 50%office, since less parking is required. The conversion of the building to more office requires more parking and since the amount of level land area is limited,TCF Bank is requesting a setback waiverfrom 50 to 15 feet along Technology Drive. As part of 212 construction, Prairie Center Drive will be shifted to the west and Technology Drive shifted to the north. Prairie Center Drive will also be raised approximately 10 feet The change in grade of Prairie Center Drive eliminates the berm along both Technology Drive and Prairie Center Drive. The view into the parking lot will be from a higher elevation. The distance between adjoining streets and the parking lot is the same or greater in some cases than the current distance that exists today. Since Prairie Center Drive will be constructed at a higher elevation,it will not be possible to screen the parking lot with a berm without significantly-reducing the amount of parking. Landscaping is proposed in the parking lot to help break up the view from adjacent roads. It is also important to maintain as much perimeter landscaping as possible. The approved landscape plan has 137 trees, a mixture of shade, conifer and ornamental. The proposed landscape plan has 109 trees ( existing,transplanted and new trees). The landscape plan should be revised to include 48 additional trees. Twenty eight(28) more trees are needed to meet the approved plan requirement.As mitigation for the setback waiver and to better screen the parking lot, the landscape plan should be revised to include 20 additional conifer trees along Technology Drive and Prairie Center Drive. TCF Bank has agreed to the additional landscaping requirements I _J Staff Report TCF Bank November 8, 1996 and will bring revised plans to the Planning Commission meeting. STAFF RECOMMENDATIONS • ;; The staff would recommend approval of the PUD Concept Review,PUD District Review,Zoning x ' District Amendment in the I-2 Zoning District and Site Plan Review, based on plans dated November 8, 1996 and subject to the recommendations of the staff report dated November 8, 1996, and subject to the following conditions: 1. Prior to City Council review,the proponent shall: A. Modify the landscape plan to include 48 additional trees. 2. Prior to Building Permit issuance,the proponent shall: A. Meet with the Fire Marshal to go overfur code requirements. B. Submit a landscaping and screening bond for review. 3. The following waivers from city code are granted as part of the Planned Unit Development District review in the I-2 Industrial Zoning district A. Front yard setback from 50 feet to 15 feet along Technology Drive. B. Increase in allowable office use from 50%to 90%. eta' a 10 c TCF FINANCIAL CORPORATION November 4, 1996 City of Eden Prairie Attn: Michael D. Franzen, Senior Planner 8080 Mitchell Road Eden Prairie, MN 55344-2230 RE: PUD AMENDMENT APPLICATION BY TCF FINANCIAL CORPORATION Dear Mr. Franzen: After discussions with you and consequent refinement of our plans, we are pleased to submit for the City's review and approval revised plans in support of an application to amend the existing PUD on the property located at 12125 Technology Drive.,Eden Prairie,Minnesota. The current owner of the property is Opus Estates Corporation, with TCF Financial Corporation, 801 Marquette Avenue, Minneapolis, as the prospective purchaser and user of the property. TCF Financial Corporation will be acquiring the property for its use. Any physical modifications to be made will be undertaken by TCF Financial Corporation. The source and type of financing for the project will be cash. The existing structure will be utilized by TCF Financial Corporation with minor modifications to the interior and reconfiguring of the parking lot in order to increase the parking capacity. The parking area currently has 454 spaces. To accommodate TCF's increased office usage in the building, we plan to expand parking to 567 spaces- 561 surface stalls and 6 stalls in the covered loading area. In addition, the parking area to the south of the building will include preferential parking spaces for car/van pooling. Access to and visibility of the site will be greatly influenced by MnDOT's 1998/1999 construction of an interchange at Prairie Center Drive and Trunk Highway 5. Representatives of TCF Financial Corporation and Opus Estates Corporation recently met with MnDOT officials to confirm and refine the extent of taking and design parameters for the imminent interchange. Both Prairie Center Drive and Technology Drive adjacent to the site will be elevated and the existing berms removed as part of the MnDOT project. We enclose plans which depict existing conditions, the reconfigured and expanded parking area, lighting, and the landscaping which will be planted when MnDOT completes its T.H. 5/Prairie Center Drive interchange and associated work. You will note the necessity for a parking setback waiver for expanded parking along 801 Marquette Avenue Minneapolis MN 55402-3475 (612) 661-6500 it P s r r l City of Eden Prairie Attn: Michael D. Franzen November 4, 1996 Page 2 Technology Drive and Prairie Center Drive. MnDOT will be relocating Technology Drive and Prairie Center Drive to the north and west, respectively, thereby adding open space within the existing public right of way. Based on MnDOT plans and our plans, the average open space separation between parking lot and street curb has been increased over that which currently exists. In addition, by adding a significant number of new parking landscaped islands, the parking area when expanded will meet the five percent planted island requirement. The current parking lot does not comply. In addition, to the City of Eden Prairie, Riley-Purgatory Creek Watershed District will review the project if our additional impervious surface exceedsoneacre. Initially, we plan to move 443 employees of the TCF fmancial Corporation into this facility. We project a potential for 90%occupancy for office use. The parking area expansionis designed and timed to meet ow projected needs. Thus,this PUD amendment request requires a waiver to allow up to 90% office use in the I-2 District. We request that this application be placed on the agenda for the November 12th Planning Commission and December 3rd and 17th City Council consideration. If you wish further information, please contact Judy McDonald, phone number 661-6937. We will respond as soon as possible. We are excited to be moving into the community of Eden Prairie and deeply appreciate the City's cooperation to date, and look forward to an excellent lasting working relationship with the City. Re pectfully submitted, Jack Bellestri Senior Vice President Corporate Operations TCF Financial Corporation 12 c SOUTHWEST METRO TRANSIT Phone 612-934-7928 8080 Mitchell Road,Suite 104,Eden Prairie,MN 55344 FAX 612-949-8542 986 t9°°. MEMO November 7, 1996 MEMO TO: Mike Franzen FROM: Tom Juhnke SUBJECT: Development Review Meeting November 8, 1996 SMTC Staff have concerns over the following: Twin City Federal. The entrance design to Twin City Federal prohibits access to our large buses. As designed, we will only be able to pickup customers on the street with the large express buses. We will be able to service TCF with our Telebus (Small Bus) service. This Site Plan shows trees placed in areas where, when mature, they will hinder all transit vehicles. The Southwest Metro Transit Commission operates under a Joint Powers Agreement by and between the cities of Chanhassen,Chaska,and Eden Prairie. 13 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-3-96 SECTION: PUBLIC HEARINGS ITEM NO. V. C DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger VIDEO UPDATE Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Zoning District Amendment in the N-Corn District on 1.01 acres. Background: This item was unanimously recommended for approval at the November 12, 1996 Planning Commission meeting. The addtional berming and landscaping recommended in the Staff Report has been incorporated into the plans. During discussion of this proposal, Commissioner Sandstad raised an issue of the need for a trail or other pedestrian link between Anderson Lakes Parkway and Prairie Center Drive, stating that this proposal, and others such as the Pulte Townhomes have a direct relationship on the need for such a pedestrian connection. Commissioner Sandstad recommended, and Commission approved that an item 4 be added to the Staff Report Recommendations that states: "The City,within a 12 month time frame,evaluate a design for construction of a safe pedestrian route from Anderson Lakes Parkway to Prairie Center Drive which parallels,or is along Highway 169." Included in your packet is a memo from Bob Lambert on the issue of trail connections and funding priorities. Supporting Reports: 1. Planning Commission Minutes dated 11-12-96 2. Staff Report dated 11-8-96 Eden Prairie Planning Commission November 12, 1996 B. VIDEO UPDATE by Trinet Property Company, LLC. Request for Zoning District Amendment in the N-Corn District on 1.01 acres, Site Plan Review on 1.01 acres for construction of a 7,200 sq. ft. Video Update. Location: Northwest corner of Anderson Lakes Parkway and Hwy. 169. Michael Simms,representing Video Update,reviewed the changes made for the development proposal. The concern was screening for Highway 169. The size of the berming was increased per staffs request and additional evergreens were included to provide screening of the parking. They are in total compliance with staff and accept all issues in the staff report. He explained the site plan noting that the materials to be used will match the existing buildings within the Anderson Lakes Center. Wissner was concerned that there was only one entrance to the site. Franzen said the actual entrance to the site is from Anderson Lakes Parkway. Access to the store itself faces Highway 169. Sandstad asked the developer if he had any concern about the traffic access. Simms replied no. Sandstad asked how long would it be before there was a signal at Columbine. Gray indicated about two to five years. Habicht asked if there was a way the City could assist in helping the traffic flow to get out to Columbine because he was concerned about u-turns at the intersection of Columbine and Anderson Lakes Parkway. Gray said it's something that the center itself would do, not the City. They could install signage. Most people who stop at these places are regulars and they know the way to go, but they will take shortcuts. He suggested a sign at the intersection saying no u-turns. Foote was concerned about a parking problem even though the 58 spaces meet City Code. Simms stated the requirement was for 35 to 40 parking stalls. There is a lot of parking from a tenant prospective and he was comfortable with the 58 stalls. The public hearing was opened. Sandstad was concerned about pedestrian safety along Highway 169. There is no safe route for pedestrians to walk along the highway. He referred to a fatality that occurred at that intersection a couple of months ago and asked 4 2 Eden Prairie Planning Commission November 12, 1996 staff what has been done since he submitted a memo passing a resolution 60 days ago. Franzen replied there has been no progress as to when a pedestrian trail might go in. Sandstad stated the Commission may have to change what they do on this related issue. They keep placing these uses next to the highway and ignoring the safety aspect of it. Gray indicated the pedestrian facility that they would contemplate in the area would be along Columbine. It would be sort of a detached frontage road, or in this case a detached pedestrian facility. One of the things that's lacking today is you can't get north all the way up to Prairie Center Drive as a pedestrian because Columbine has not been completed yet. Sandstad commented he has been a commissioner for seven years and has been hearing about the Columbine connection for that entire period. He lives in the neighborhood and he sees wheelchairs,elderly people, and children on Highway 169. It is now time to do something about it. He recommended adding an item to the staff recommendations, item 4, which would be the recommendation for approval of the project with a requirement for the City to get a 12 month time frame for a design of construction of a safe pedestrian route either parallel to, along, or close to Highway 169 between this property, Anderson Lakes Parkway intersection and Prairie Center Drive. Foote asked when Columbine will be done. Gray replied there have been some events that have happened in the last year and he explained them. Foote commented that Columbine would be a better solution although he agreed with Sandstad that it's a dangerous road and they have to do something. He asked Sandstad if he wanted to attach his recommendation to the approval of the project. Sandstad replied he was thinking of a time frame for a design. If the Commission passes the motion, ask the City to officially do this within such a time frame and see what ideas they come up with. They have not taken this seriously enough. Gray indicated the piece of corridor that might be most significant would be from Fountain Place up to Prairie Center Drive because of the origin of most of the pedestrian traffic. He explained they are planning a signal and hope to have a signal under construction next year. Ismail commented he doesn't want this project to be burdened with this issue. This is an issue for the City. It is somewhat related but this project should not be delayed because of it. 5 Eden Prairie Planning Commission November 12, 1996 Habicht agreed with Ismail. He would like to see the recommendation be independent of this project. This needs to be looked at from a long term prospective. Sandstad said he would like to attach his recommendation to this project. It's not going to slow this project down at all and it is directly related to pedestrians that are going to be coming to this space. It's not sufficient for this Commission to not involve this project. It will not hold up this project but it will get the City Council's attention. Kipp noted this recommendation should not effect the approval of this project. It will give staff a direction to discuss this at the City Council. MOTION 1: Sandstad moved, seconded by Wissner, to close the public hearing. Motion carried 6-0. MOTION 2: Sandstad moved, seconded by Wissner,to recommend to the City Council approval of the request of Trinet Property Company, LLC. Request for Zoning District Amendment in the N-Corn District on 1.01 acres, and Site Plan Review on 1.01 acres for construction of a 7,200 sq. ft. Video Update based on plans dated November 8, 1996, and subject to the amended recommendations of the StaffReport dated November 8, 1996 including item 4 initiated by the Planning Commission. Motion carried 6-0. • U STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: November 8, 1996 SUBJECT: Video Update APPLICANT: TriNet Property Company FEE OWNER: William S.Reiling LOCATION: Northwest corner of Highway 169 and Anderson Lakes Parkway REQUEST: 1. Zoning District Amendment in the N-Com Zoning District on 1.01 acres. 2. Site Plan Review on 1.01 acres. S • FLAGSHIP '''...........,........ l'.......''''' '......\,... ..1 W.Wri2C4. M P •! :3 PI :'•Et: ADDITION 0.3... • ., S a• Z la - . 1.1 . !i„I I .•- . .a•. ,,. r11::1 0 0 : 1 • .4 00..":;•. . cli‘d‘k* 0 4•; 1 0 ••: 4 4....., - 0 . ._ ....0., , E.P. . 111! cdte.:•-,... • ..\\-f-A• CEP.; iEkri's , 0 ilp 0 - I TWO I 3 ••17. •.? little., i rilk ".,..e.. c....%:, 4,,.. mii..... „.„„, vio ..11 . Ito 0 • 1 .. • ,_:• ..i.. ..,•,. .-..v. -.1. sco .2... INkl Nii" es ,* IV ,4„--.441rfill POR UP • PAripan,A444VN .. ; i :' , AMMON% 4 . Valllintrx# . .... 4 Var:70 ;•./ 1....'.. •I". 6 I • I t VITA14111fr Apipt ZY4. • fifeAl Ail*# a . Li 1 f . . . •.ls ..., illih . "401 10 V4 falli, 101 jf otz ili 41 Ir a". ire • 7 ialitio / OAK POINT' A .NOE ..*" ......,. 1011P Aiwas goi INTERMEDIATE SCHOOL = to R a A• :;;" VI 111 IF &I NI I 1741 II mg— ' 11 :1,'..5 411J • • 4. A,41, mg - ,...-: Ulf 111_%Ae4iiir --' z' 1 r,..0 L..41 •.1. NM DARNEL ROAD 1‘ .....--,.. .:r.., • ,' Ill III _.... • . _. I ... ... ,• -.. 4 STORAGE I . -,,a,. •••••.... :::: ::•. :• •::::: 1 1• •::.: : :•: ,• ::•. :.•:•:• , c c Staff Report Video Update November 8, 1996 BACKGROUND This site is part of the Anderson Lakes Center approved by the City Council in 1986 for 50,000 sq. ft. of retail uses in three free standing buildings. Two of the sites have been developed at this time. The property is guided and zoned Neighborhood Commercial. The original approval for the remaining 1.01 acre site was for a fast food restaurant. In 1995 the City Council approved plans for a Prairie Cycle and Ski store on the site,however this project was not built. Surrounding uses consist of the Tom Thumb center to the west, Glidden Paint to the north, Highway 169 and a Kindercare day care to the east,and Anderson Lakes Parkway and Staring Lakes Townhomes to the south. SITE PLAN • The site plan depicts construction of a 7,200 sq. ft retail building. Video Update will occupy 6,000 sq. ft.,with an unspecified tenant occupying the remaining 1,200 sq. ft. The Base Area Ratio and Floor Area Ratio is 16%. City Code would permit up to a 20%BAR/FAR. Building setbacks meet City Code. Parking is required to meet a 35 foot setback. Where more than one frontage exists,parking is permitted to meet one-half the required setback for one frontage,or 17.5 feet. The plan meets these requirements. The original approval for the commercial center approved zero foot setbacks to parking along the internal lot lines since the project was based on shared parking. The current plan complies with this variance. A total of 58 parking spaces is required for the building based on 8 spaces per 1,000 sq. ft. The project proposes 58 spaces meeting City Code. Cross parking easements exist for the property. Total site area is 1.01 acres. A 2 acre minimum lot size is required in the Neighborhood Commercial zoning district. A variance was granted for this lot size at the time of the original approval GRADING AND DRAINAGE The site was previously grading for future construction. There are no significant trees on site. All surface run-off will be directed to existing storm sewer infrastructure. The property's limited size does not warrent the construction of a NURP pond for storm water handling. A cash contribution to the Storm Water Utility is recommended in lieu of the pond. 2 C C Staff Report Video Update November 8, 1996 Some berming is proposed along Highway 169. This berming is limited and does not provide the screening of the parking areas. The plan should be revised to increase berming on both street frontages(see attachment). UTILITIES Sanitary sewer and water is available to the site with connection to existing lines within the development. ARCHITECTURE The building's main entrance will face Highway 169. The building elevations have been designed to incorporate similar front facade detailing on all sides of the structure. Seventy-five percent of the building will consist of face brick and glass meeting City Code. The face brick will match the brick on the other buildings in the commercial center. In addition,blue accent banding,blue metal awnings,and aluminum spandrel glass are provided to blend with the existing architecture. Rooftop mechanical equipment will be screened with a four foot high parapet wall. All trash handling will be located within the building. Site lighting will match the lighting currently used for the commercial center. Signage proposed for the building meets City Code. LANDSCAPING Landscaping has been provided to meet the caliper inch requirement of City Code. However, Staff recommends that additional evergreens be incorporated into the plan as shown on the Attachment to provided a consistent level of screening similar to the remainder of the Anderson Lakes Center. RECOMMENDATIONS Staff would recommend approval of the Zoning District Amendment in the N-Com Zoning District on 1.01 acres, Site Plan Review on 1.01 acres,based on plans dated November 1, 1996, this Staff Report, and the following: 1. Prior to City Council review,the proponent shall provide additional berming and landscaping in accordance with the Attachment to help screen the parking areas. 2. Prior to final plat approval,the proponent shall submit detailed storm water runoff, 3 C c Staff Report Video Update November 8, 1996 utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to Building Permit issuance, the proponent shall: A. Submit building material samples and colors for review. B. Provide a landscape bond in accordance with City Code. C. Provide cash contribution to the Storm Water Utility in lieu of NURP pond construction. 4 C CVIDEO UPD/CrE ,„ 5' /- . , ) ,i7 1 1,,,,-t,.,„_,..:. -----i-r3 4-ft C y IL Mlle W.----'-''''. ..- ,..,..,_ _. 1111 /-- , il ly: r- e- -e- 1' r- -- '4`•41Zi."-, /,.......7 --.. 7 1 , ,,) 73/„' --.. 1 _ 'mall --.. ...-.- --. .., i :iv .,,,, . '44044b„,„ D I 1 I • .,0.,.,.,..- ,,,, . \, ; ' I / / - - 07-0016, 1 9 - , • - lit IF .../ 1 ...._ , /. ..., '7.*,.. Mk i\ , — , ,- , • , _ 4 1 m ) LIN a .. 4.th j .------- ry • G // __ 1 12 I .// F.F.E.=882.50 /--- ,:..z...,, 1 t,-, -lir ---- / ' • -•• • - - •vp- -.. , 1 4 ...... k, , fir'' : .‘, '• ,,i/-- ... : -I 11. ..',..' ‘t5 9-4 I •Nly •k«.%, ez.1 k a (1111 I -- I I V';k'41 1 / e 1 ; .1 ili - i ` 111 .4,.0,--, • F—E3 1 K I ' 1 1 6 i 41, i . . •,,,,, • 4 — , . • Alpi„.:r A-....frif lir 1 9 I ' parAIIIIIIMMINIMIIIIIMI11111.1111111•111111"---Wirgr iett.„.1467, ,:t.....: t,_,...,....:„,..,,,,,, ...,,,,,.......:...., - -e-870 _ -.fee 2- .... _.. _ ____;,_ ...,- ... _-• 1 _... -- -- - - • . 'LLI 1 i 4 i _ -• • i 1 1 .• .., •.r.:,•‘'` -f-.4 ..,,, ADD ITO ON AL. LANDSLAPE 4 3EIZMIN4 6' Cows FEMS CHAN 4ES 1 0 wY ft MEMORANDUM v;d e.0 4444 _ TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Robert A. Lambert, Director of Parks, Recreation and Facilities DATE: November 15, 1996 SUBJECT: Planning Commission Request for Information on Bicycle/Pedestrian Path Along Highway 169 Between Anderson Lakes Parkway and Prairie Center Drive The bicycle trails plan depicts a pedestrian/bicycle trail along the west side of Highway 169 from County Road 1 north to Prairie Center Drive. City staff estimates the cost to construct the trail from Anderson Lakes Parkway to Prairie Center Drive at approximately $150,000. This section of trail does not rank in the top five trail needs due to the limited amount of use that trail section would experience compared to the proposed trails along County Road 4, County Road 1, Dell Road, and Bryant Lake Drive. Columbine Road parallels Highway 169 between Anderson Lakes Parkway and Prairie Center Drive and will be completed in approximately two years. This road will provide an eight-foot asphalt trail section between Anderson Lakes Parkway and Prairie Center Drive. The City has budgeted approximately $125,000 per year for trail construction and will be recommending that amount for the next five years. Each year, City staff will bring a list of the proposed trail connections to the Parks,Recreation and Natural Resources Commission and request that they rank those trails for construction based on the criteria approved by the City Council for ranking trail projects. The Commission will be reviewing proposed trail projects in January 1997 for construction later in the year. BL:mdd Trail.memo EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-3-96 SECTION: PUBLIC HEARINGS ITEM NO. v, U� DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger LAKE SMETANA APARTMENTS Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for PUD District Review on 17.19 acres and Zoning District Change from Rural to RM-2.5 on 12.37 acres; • Approve a Resolution for PUD Concept Review on 17.19 acres; • Adoption of a Resolution for Preliminary Plat of 17.19 acres into one lot. Background: The Planning Commission unanimously recommended approval of the project at its November 12, 1996 meeting. The plans have been revised according to the recommendations of the Staff Report for City Council review. However, the landscaping recommendation has not been completed at this time. The proponent is still working on the landscaping design. Staff is comfortable with this, and will include it in the Developer's Agreement. Supporting Reports: 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Planning Commission Minutes dated 11-12-96 4. Staff Report dated 11-8-96 5. Correspondence I LAKE SMETANA APARTMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LAKE SMETANA APARTMENTS FOR KLODT INCORPORATED WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD)Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Lake Smetana Apartments by Klodt Incorporated 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 December 3, 1996; NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Lake Smetana Apartments,being in Hennepin County, Minnesota,legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated November 26, 1996. 3. That the PUD Concept meets the recommendations of the Planning Commission dated November 12, 1996. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2 Lake Smetana Apartments Exhibit A Legal Description Parcel A: That part of the Southeast Quarter of the Southwest Quarter of Section 12, Township 116, Range 22, Hennepin County, Minnesota, which lies Easterly of the centerline of the Nine Mile Creek and Northerly of the centerline of the Town Road as described in the notice of condemnation of Township Rood, dated March 3, 1950, recorded March 24, 1950 as Doc. No. 2615778. (Information note: Town Road now known as Smetana Lane) Parcel B: N accordingto the recorded plat thereof, Hennepin County, SMETANA'S CREEKSIDE ADDITION,Lot 1, Block 1, Minnesota. Parcel C: That part of the Southeast 1/4 of the Southwest 1/4 of Section 12, Township 116 North, Range 22, West • of the 5th Principal Meridian, described as follows: Beginning at the intersection of the centerline of Nine Mile Creek with the East line of said Southeast 1/4 of the Southwest 1/4; thence North along said East line to a point distant 488.3 feet North from the Southeast corner of said Southeast 1/4 of the Southwest 1/4; thence deflection left 76 degrees 59 minutes a distance of 123.165 feet; thence South parallel with the East line of said Southeast 1/4 of the Southwest 1/4 to the centerline of Nine Mile Creek; thence Easterly along said centerline of Nine Mile Creek to the point of beginning. 1.) Areas: Parcel A = 538,697.925 Square Feet / 12.366 Acres Parcel B = 149,603.74 Square Feet / 3.434 Acres Parcel C = 40,300.0 Square Feet / 0.925 Acres Total 728,604 Square Feet / 16.72 Acres LAKE SMETANA APARTMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF LAKE SMETANA APARTMENTS FOR KLODT INCORPORATED BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Lake Smetana Apartments for Klodt Incorporated dated November 26, 1996, consisting of 17.19 acres into 1 lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 3rd day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk Eden Prairie Planning Commission November 12, 1996 C. LAKE SMETANA APARTMENTS by Klodt Incorporated. Request for PUD Concept Review on 17.19 acres, PUD District Review on 17.19 acres, Zoning District Change from Rural to RM-2.5 on 12.37 acres, Site Plan Review on 12.37 acres and Preliminary Plat of 17.19 acres into one lot. Location: Smetana Lane. Paul Klodt, developer, noted he has been a developer in the Minneapolis/St. Paul area for over 40 years and they build hotels, apartment buildings,office buildings and all types of real estate. He has built over 5000 apartment units in the metro area in the last 40 years. Dave Clark, architect, reviewed the development proposal and the site plan noting that the property is approximately 17 acres on the northwest corner of Lake Smetana. They have been working with the various agencies over the last 10 months to put this project together. The proposal is for an apartment site on the upper half of the site above existing Smetana Lane. Down below is another two pieces of the property to be used for ponding areas and natural recreational areas associated with the site. The developer will completely design and pay for the construction of the new roadway, sidewalk, and the new utilities. They have been negotiating with the estate trustees so they can create a new roadway in exchange for the easement. They have been working with Mr. Hoyt and the Nine Mile Creek Watershed District to continue to get access to his site. Marcella Smetana wishes to stay in the property as long as she lives and they will give her an easement for access. He reviewed the landscaping plan and the easements noting that it is an isolated country roadway which they wish to preserve. They have purposely kept the roadway expansion beyond the creek away from their property. The new roadway will be a standard 32 foot wide public road with curb and gutter up to the creek, then continue as a private road for the remaining section. They are trying to keep as little intrusion to this site as possible. The desire is to maintain as much of a natural feel in this site as they can. The landscaping between the buildings will be formal with birch, maple and pine trees. They will keep the natural prairie grasses and the sumac and other plantings of that nature. Foote asked if they would still go ahead with the property if they were not able to obtain the easements from Mr. Hoyt. Clark replied there are two ways 7 S Eden Prairie Planning Commission November 12, 1996 to work with the property on the north. They can create a retaining wall on the upper corner so they don't have to grade on his property. It's possible to do that but it isn't something that would be beneficial to the project. Foote was concerned that there was no south access. Clark explained the two means of access to the property. There is a permanent access that runs through the two industrial properties. Foote commented that if anybody in the building on the north side wanted to access the underground garage they would have to go through a lot and he was concerned that it seemed hazardous. Clark replied they chose to create that serpentine path rather than give a straight access because they want to keep it with a small town feel. Sandstad asked if the thought on the recreational facility is that there is not very many young residents in the complex or would there be some facility that might not be adult in addition to the two big outdoor facilities shown. Clark replied in the marketing sense they usually find young people 22 through 30 that are interested in all the amenities this has to offer. They also find an older range of people between 40 and 50 without children. Klodt noted the rent ranges from $760 to $1,000 a month for a one bedroom, and $1,000 to $1,400 a month for the two bedrooms. Ismail was concerned about Marcella Smetana's feelings about the development. Clark replied he has not personally talked to her but they did receive a letter from her saying she does not object to the project. His understanding is that she just wanted to remain in the house she was comfortable in. She has seen these sort of things happen before around her such as the industrial project and is aware of what will happen. Habicht asked if the easement to the east has been obtained for fire protection access. Clark replied that it's already been platted with the industrial project and continues right up to the property line. Foote was concerned about the 10 percent of units being left available for Section 8 Vouchers. Klodt replied it's up to 10 percent so very little would be held for it. Clinton expressed concern about the City Code having a limit of 17.4 units per acre and the project is at 19.2 units per acre. Clark explained they have been negotiating for ten months and there were a number of things going on earlier in negotiations with the City. The 10 percent of the low income housing happened to work out to 27 units which was the difference they were over in 8 l0 Eden Prairie Planning Commission November 12, 1996 the zoning amount. Kipp commented the main issue with this project is the property is guided for high density residential or industrial, and either land use is appropriate. The question is which land use is more appropriate for the site. Staff has worked with the developer for a number of months on this issue and have looked at residential developments. Staff believes there are some benefits to going with a residential development. Basically that has to do with the opportunity of housing goals and providing housing closer to employments. The developer has agreed to pay for the entire roadway system which would provide access to Valley View Road and provide a developed roadway system for the remainder of the property around there. The proposal also acquires the Frank Smetana Jr. house resolving potential land use incompatibility. The development of the property also prepares the future development for the property to the north as well. The City will be obtaining easements from the developer for public use of remaining property south of Smetana Road. The Commission needs to take a look at what benefits are with granting shoreland waivers versus going with the different land use. Strict compliance with the shoreland code would preclude this development from residential development and leave the site developed as industrial which is a consistent use. While industrial could be developed on the property, staff feels it could have greater visual impact to the lake, higher impervious surface to the lake and potential increased traffic impact on the system. The tree loss would be the same for either land use. Regardless of how the land is developed, there is going to be reduction in the grade in order to work for the existing site. Staff recommended approval of the project. Sandstad asked for clarification as to whether there may or may not be Section 8 Vouchers used in this project. He was concerned that Dave Lindahl's memo sounded like it had not been determined yet. Kipp agreed. He didn't know the full answer to that. There is availability of 10 percent of the units for Section 8 Vouchers. The question is would the buy down with those vouchers work for the number of units or income ranges. That would have to be evaluated further. The developer has agreed to provide the 10 percent availability. Clinton was concerned that the staff report said the grade would go from 950 into 875 to 860 which is 60 to 55 feet but heard 35 feet in the presentation. 9 7 A. Eden Prairie Planning Commission November 12, 1996 Kipp explained that the grade varies from Smetana Lane to the northeast corner of the property. The grade cut would be approximately 50 feet at the extreme northeast corner, but about 35 feet near the center of the site. Franzen noted this grade would be very similar to the Fountain Place Apartments which is on the south side of Purgatory Recreation Area. The public hearing was opened. John Kottke, 7665 Smetana Lane, asked what will be posted on the road when there's one entrance from Valley View Road and it's going to be gated on the opposite side. Clark explained the flow of traffic that will occur noting there will be no thru traffic,just the tenants. Kottke asked if there will be posted speed limits. Clark said on their side it will be a 15 mile an hour area and assumes the City's side will be for a standard street. Kottke asked if it will be posted as a dead end street. Gray replied the posted speed limit will be 30 miles and it will be signed no outlet. Kottke was concerned about the culvert and about the flooding. Clark explained that right now it's about a 36 inch culvert and it has not been maintained. They are hoping to put in a 42 inch box culvert maybe five or six feet wide. Kottke expressed concern about the building facing west which faces his property. He was concerned about the contours, the grade, the increase in height, and wants to see elevations. Clark indicated the height increase is because of the pitched roofs. Kottke asked what height are the third floor balconies going to be at. Clark replied each floor is about 8'10" so it's about 27 feet. They want to leave a 150 foot preserve area between the two properties. There is a significant wooded area there that they will not allow anybody to touch. They want to maintain it as much as they can. Mary Smetana, 7722 Smetana Lane, commented they are very thrilled with the project and support it. She thinks this project is the best suitable for the site out of all the ones she has seen. She has lived there for 27 years and it's a wonderful site. She was happy that other people are now going to share this area rather than see it as an office warehouse. Ismail commented it's a beautiful site but was concerned about the amount of multiple dwelling projects the Commission has been approving. Foote stated that during the last couple of months many people have told him about their concerns about the amount of multiple housing projects. However,he would prefer to see housing first versus an industrial use on this 10 Eden Prairie Planning Commission November 12, 1996 site. He commented that if the developer is not able to provide subsidized housing,why would the Commission approve 19.2 units per acre versus 17.4. Clark explained they have been in negotiations with the City and all the government agencies for the last ten months on how to put this project together and reviewed the process they went through. They are at a point now where the project works with 275 units and doesn't know if it would work with 27 less units. This was a part of the whole total package. He doesn't want the Commission to single out that one issue. Sandstad commented his only concern is general transportation of the roadway,too fast roads. This site is nicely suited for high density residential. In general they have been approving so many projects that tend to be multiple because of the cost of land driving construction through the roof. Habicht commented he was troubled by the amount of shoreland waivers but industrial use of the property would require many of the same waivers. He said it's a nice transition for the lake and for the shoreline. The multiples are a nice fit on the site and it justifies all of the shoreland waivers because it's a nice transition. He can not justify the density but that's something they face on every project. Franzen explained how other projects have provided more amenities to justified high density. He agreed with the developer that the commission should consider total package of housing,trails,roads,park dedication, and off site planning considerations for developing this project. Ismail was concerned about the increased height and asked if the developer could make it consistent with the City requirements. Clark replied they could lessen the pitch on the roofs but it would reduce the residential quality of the building. Clinton said he was concerned about the number of multiples that have been approved but assumed the developer did a market survey and this is what the market says it would like to have. They have to go with the economic factor. The project is the best suitable for the site. He had concerns after reading the staff report,but after hearing the presentation he was more comfortable with it. Wissner was concerned that there are so many multiples out there approved that have not been completed at this point. It's high priced rental and she gets nervous about it. It's probably going to be better than industrial but industrial 11 Eden Prairie Planning Commission November 12, 1996 are now becoming quite attractive. She did not agree that this is providing housing closer to employment. Foote stated it's a good project and he supports the project as it stands. MOTION 1: Sandstad moved, seconded by Ismail, to close the public hearing. Motion carried 6-0. MOTION 2: Sandstad moved, seconded by Ismail, to recommend to the City Council approval of the request of Klodt Incorporated for PUD Concept Review on 17.19 acres,PUD District Review on 17.19 acres,Zoning District Change from Rural to RM-2.5 on 12.37 acres, Site Plan Review on 12.37 acres and Preliminary Plat of 17.19 acres into one lot based on plans dated November 8, 1996, and subject to the recommendations of the Staff Report dated November 8, 1996. Motion carried 6-0. Sandstad encouraged any efforts to come up with some Section 8 or something else so that everybody could feel a little better about this including Dave Lindahl and the Housing Subcommittee members. 12 IQ ' 1 C STAFF REPORT C TO: Planning Commission FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: November 8, 1996 SUBJECT: Smetana Lake Apartments APPLICANT: Klodt Companies FEE OWNER: Albert Cheme LOCATION: North of Smetana Lane,east and south of Nine Mile Creek,west of Technology Park REQUEST: 1. PUD Concept Review on 17.19 acres. 2. PUD District Review on 17.19 acres. 3. Zoning District Change from Rural to RM-2.5 on 12.37 acres. 4. Site Plan Review on 17.19 acres. 5. Preliminary Plat of 17.19 acres into one lot. II Staff Report C Smetana Lake Apartments November 8, 1996 BACKGROUND The Comprehensive Guide Plan identifies the site for either Industrial or High Density Residential land use. The property is currently zoned Rural. Surrounding uses consist of Technology Industrial Park to the east, Smetana Lane,two single-family lots and Smetana Lake to the south, Nine Mile Creek and a single-family lot to the west,and an undeveloped industrial/high density residential guided parcel to the north. SITE PLAN/PRELIMINARY PLAT The site plan depicts the construction of 275 apartment units in two buildings on 17.19 acres. The density of the project based on gross site area is 16 units per acre. The density of the project based on the 14.3 acres of land area above the ordinary high water level of Lake Smetana is 19.2 units per acre. City Code permits up to 17.4 units per acre above the ordinary high water level in the RM-2.5 zoning district. The proposed density will require a waiver through the PUD. The Base Area Ratio is 16%. The Floor Area Ratio is 46%. The City Code would permit up to a 30%BAR,and a 50%FAR. All structure and parking setbacks meet City Code. A total of 550 parking stalls is required,based on two stalls per unit,one of which is enclosed. The plan meets this requirement. The property consists of three separate parcels and road right of way. The proposal is to plat all of the property into one lot. Some of the property extends into Lake Smetana. This portion of the property should be platted into an outlot and dedicated to the City. GRADING AND DRA1NArT, The topography rises in a northeasterly direction from an elevation of 840 feet along Smetana Lane and Nine Mile Creek to 915 feet in the northeast corner of the site. Technology Industrial Park to the east is graded to an elevation of approximately 860 feet, with up to a 50 foot cliff at the property line in anticipation of continued industrial or residential development onto this site. Grading of the site will require a lowering of the elevation to between 855 feet and 860 feet to work with the adjacent sites. Some off-site grading to the north is proposed to maintain 3:1 slopes. The proponent is currently working with this land owner for permission to grade. The alternate plan shows how the grading can be kept on the site. The property located to the north of this site was conceptually approved as an office as part of the Technology Industrial Park PUD. It is anticipated that this site will require a building pad elevation of approximately 855 feet. Although either grading option will work,the better plan is without retaining walls. The tree inventory shows 53 significant trees on site totaling 644 caliper inches. These are mainly 12 inch Ash trees scattered throughout the easterly half of the site. Twenty-six significant 2 13 Staff Report C Smetana Lake Apartments November 8, 1996 trees will be lost(326 caliper inches)or 51%. Tree replacement is 221 caliper inches. A significant amount of existing tree cover will remain along the Nine Mile Creek corridor within the shore impact zone. Staff recommends that this area be placed in a conservation easement. Storm water will be directed to NURP ponds. Some minor modifications to the ponds will be necessary to eliminate encroachment into the 75 foot shore impact zone of Nine Mile Creek,and the wetland limit for Smetana Lake. Regardless of whether the property is developed as industrial or residential,the site needs to be lowered to allow for reasonable development and to work with the grades of the neighboring properties. UTILITIES Sanitary sewer is available to the site with connection to an existing line within Smetana Lane. Water will be extended to the site from Valley View Road and connected to the neighboring property to the east. Sewer and water lines will be provided to the site to the north. SHORELAND CODE This site is bordered on the west by Nine Mile Creek(General Development Water) and on the south by Lake Smetana(Natural Environment Water). The development of this site will require PUD waivers from the Shoreland Code in the following areas: The Code requires a lot area of 30,000 sq. ft. per unit for multi-family housing. This requirement would permit 25 housing units on the property. The proposal is to plat the 17.19 acres into one lot. Site area per unit is proposed at 2,725 sq. ft. which exceeds the City Code minimum of 2,500 sq. ft. The waiver is needed to allow a reasonable use of the property consistent with residential Guide Plan densities. Percent of structure facing a shoreland Water No more than 50%of the shoreline can be occupied in building within the multi-family district. The City and DNR recognize that this requirement cannot be met on both water frontages, and agree that the priority is to meet the requirement on the Lake Smetana frontage. A waiver to permit 90%percent of the shoreline frontage of Nine Mile Creek to be occupied in building is necessary. Maintaining the shore impact zone in its natural state, including the existing tree mass along Nine Mile Creek helps screen the building and is a reason to consider the waiver. a Staff Report C Smetana Lake Apartments November 8, 1996 Building height Building height cannot exceed 35 feet for residential structures. Ninety percent of the proposed structures will be 38 feet in height, with approximately 10%of one building at 45 feet in height. The height waiver is reasonable for the following reasons: 1)The project meets the 150 foot shoreland setback,2)The building height does not exceed the RM-2.5 district's permitted height of 45 feet, 3)An industrial use on the site could build up to 40 feet, and 4)Natural and proposed vegetation helps screen the buildings. Percent of impervious surface Impervious surface cannot exceed 30%. The amount of impervious surface proposed for the project is 38%. Treatment to NURP standards prior to discharge to the lake is a reason to consider the waiver. If the site were developed as industrial,the impervious surface would be 50%. Shore imte No land alteration or building is permitted with this 75 foot zone. There is a NUR?pond on the south side of Smetana Lane. This area has been altered in the past. In addition,this location maintains the current alignment of Smetana Lane and works with the existing sanitary sewer trunk line which runs along the east side of the pond. The DNR does not object to the location of this pond based on these issues, as long as additional wetland encroachment is not proposed. The pond should be revised to not encroach into the wetland of Lake Smetana. ACCESS The property will take access faun Smetana Lane. This road is currently an unimproved gravel section, 1,700 feet in length. The proposal is to reconstruct Smetana Lane to City standards as a 32 foot wide public road up to Nine Mile Creek to serve the adjacent properties. The remaining portion will be a paved private road serving the apartments and the remaining single family home. The public portion will be approximately 750 feet in length,with the remaining right of way proposed to be vacated. City Code limits the length of a cul-de-sac to 500 feet. Therefore, a waiver through the PUD will be requirtvi Given the fact that the existing dead end right of way is 1,700 feet long,the waiver has merit. The proponent has worked with the neighboring property owners along Smetana Lane and has agreed to construct the road at his cost in exchange for the necessary road easements. The proponent will need to provide preliminary grading and drainage plans for the proposed public section of roadway for review and approval by the City Engineer. The remaining single family home owner located southeast of the site is not interested in relocating and has indicated her support for the project. A cross access easement will be provided along the private section of road for this resident and other public use. 4 1rj Staff Report C \ Smetana Lake Apartments November 8, 1996 A secondary access for fire protection and apartment resident use is proposed on the east side of the site from an existing public use drive lane between the Tech 7 and 8 industrial buildings. This access will include an automatic gate system for fire department and apartment use. This will control the use of the site for through traffic movements. A traffic study was conducted to analyze the impacts of the proposed apartment project on Smetana Lane and Valley View Road(attached). The study indicates that traffic impacts are minor, and does not warrant a traffic signal installation. The apartment project generates more daily trips; 1,800 vs. 1,100, and slightly more AM peak trips. However,the apartment proposal would reverse the peak hour flow to AM outbound and PM inbound. This would be less overall impact on the road system. The study recommends Smetana Lane/Valley View road intersection improvements take place as part of the Smetana Lane reconstruction,including provisions for left and right turning lanes along Valley View Road. These recommendations will need to be incorporated into the construction improvement plans for Smetana Lane. PEDESTRIAN SYSTEMS AND PARK USE An eight foot wide bituminous trail is proposed along the south side of Smetana Lane from Valley View Road to the east property line. Easements for this trail are required. The proponent has offered the City a public use easement over the property south of Smetana Lane. Jg4NDSAPING The landscaping plan shows a total of 1,129 caliper inches which meets City Code for plantings and tree replacement. The Shoreland Code requires that landscape buffering be used for developments along water bodies. The plan includes maintaining the existing tree line along Nine Mile Creek In addition, some natural buffering to Lake Smetana is proposed with the use of Aspen, Poplar, and Swamp White Oak varieties. Staff would recommend that additional landscape buffering take place along Smetana Lane as mitigation for the Shoreland waivers. Since the proposal requests an additional 26 units (9%)above the permitted density, a reasonable amount of plant material corresponding to this percentage, or 80 caliper inches should be added to the landscaping plan for this purpose. ARCHITECTURE The buildings meet the City Code for 75% face brick and glass construction. Lighting for the property will consist of 25 foot tall downcast cut off fixtures. 5 Staff Report C Smetana Lake Apartments November 8, 1996 CONCLUSION The site is jointly guided high density residential and industrial. The staff believes that residential is better use of the property than industrial for the following reasons. 1. It is an opportunity to meet housing goals providing housing close to employment. 2. It maximizes the use of land in an area envisioned for, and capable of, supporting more intense land uses,thus reducing pressure for higher density in the southwest part of Eden Prairie which is more appropriate for lower intensity land uses. 3. The developer is building a road which benefits adjoining properties and provides a safer access to Valley View Road. 4. The Frank Smetana Jr. house will be removed,resolving potential land use incompatibility. 5. An agreement to glade on adjoining properties to the north and east eliminates the need for large retaining walls. 6. The City will receive an easement for public use along Lake Smetana. The Planning Commission must balance the above benefits against the Shoreland waivers,a density waiver, and a higher tree loss. Strict compliance with the Shoreland regulations would preclude the development of this site for residential, and leave the site to develop as an industrial use,consistent with the guide plan. While industrial would also be an appropriate land use,it would have greater visual impact on the lake,as well as greater traffic impacts on the road system. Tree loss would be the same with either a residential or industrial land use. The trees are not concentrated in one area which makes it difficult to shift building and parking to save a large number of trees. Regardless of which land use takes place,the site will need to be lowered to allow for reasonable development and to work with the grades of the neighboring properties. RECOMMENDATIONS Staff would recommend approval of the PUD Concept Review on 17.19 acres, PUD District Review on 17.19 acres,Zoning District Change from Rural to RM-2.5 on 12.37 acres, Site Plan Review on 17.19 acres, and Preliminary Plat of 17.19 acres based on plans dated November 8, 1996,this staff report, and the following: 1. Prior to City Council Review,the proponent shall: A. Revise the preliminary plat showing that portion of property within Lake Smetana as an outlot to be dedicated to the City. In addition,provide a conservation I1 Staff Report Smetana Lake Apartments November 8, 1996 easement over the 75 foot shore impact zone of Nine Mile Creek. B. Revise the grading and drainage plan indicating preliminary grading and drainage for the public section of Smetana Lane,as well as revising the NURP basins outside of the shore impact zone for Nine Mile Creek and the wetland area of Lake Smetana. C. Incorporate an additional 80 caliper inches of native trees along the Smetana Lane frontage for added buffering to Lake Smetana. 2. Prior to Final Plat approval,the proponent shall: A. Provide a conservation easement document for review and approval by the Director of Parks,Recreation, and Natural Resources covering the 75 foot shore impact zone of Nine Mile Creek. B. Provide cross access and maintenance documents for the private section of Smetana Lane. C. Submit detailed road design plans for Smetana Lane for review and approval by the City Engineer. Said design shall include the recommendations of the BRW traffic study dated November 5, 1996. In addition the easements necessary for road construction shall be provided. D. Provide the City with public use easements for the property south of Smetana Lane. E. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. • F. Vacate that portion of Smetana Lane right of way for the private section of road. 3. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Submit to the City Engineer,recorded copies of the conservation easement documents, cross access and maintenance agreement documents, and public use easement documents. C. Dedicate the portion of property within Lake Smetana to the City. Z II Staff Report Smetana Lake Apartments November 8, 1996 4. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal, including details regarding fire access to the site. B. Submit a landscaping bond in accordance with City Code. C. Provide building material samples and colors for review by the City Planner. D. Pay the cash park fee. 5. The following waivers are granted as part of the PUD: A. Density to 19.2 units per acre. B. Cul-de-sac length of 750 feet. C. Shoreland Code: 1. Lot size less than 30,000 sq. ft. 2. Percent of structure facing a shoreland water greater than 50% 3. Building height of 45 feet. 4. Impervious surface of 38%. 5. Grading within a shore impact zone. I� MEMORANDUM TO: Planning Commission FROM: David Lindahl, HRA Manager DATE: November 8, 1996 • SUBJECT: Smetana Lake Apartments As per the goals of the City's Livable Communities Action Plan, staff has been considering ways to subsidize 20% of the 275 units of rental housing being proposed at a site north of Smetana Lake by developer Paul Klodt. The two tools available to the City for achieving this goal are Tax Increment Financing (TIF), and Community Development Block Grant (CDBG) funding. To use TIF at this site, one of two tests must be met: 0 0 1) A minimum of 20/a of total units(55)must be affordable to persons with incomes below 50/o of the median income for metro area. The total cost to the City for subsiding these units for 15 years is $3,755,340. 2) A minimum of 40% of the total units (110) must be affordable to persons with incomes below 60% of the median income for the metro area. The total cost to subsidize these units for 15 years is $5,296,500. There were two scenarios considered for how TIF could be used with this project: 1) Create a new'1I1-i district over this site. Under this scenario, it would cost the City an extraordinary amount of money to achieve the 20%goal, and there is only about$85,000 in CDBG funds that could be combined with the TIF for this project. 2) Have the developer agree to allow the City to come in at a later date (3 or 4 years) and subsidize some of the units with TIF funds generated from the EP Center Redevelopment District. In either case, it would be extremely expensive for the City to subsidize these units. Staff feels that the TIF funds generated from the EP Center would be better spent at any of the many existing rental apartment projects within the Major Center Area. Staff would offer apartment owners the option of borrowing TIF funds to rehab existing units which then become affordable, or rents could simply be subsidized. For comparative purposes, the 32 unit Columbine Townhouse development, which was financed primarily by Federal Low Income Tax Credits, will cost the City about $500,000 for these units to be affordable to persons with incomes below 60% of median for a total of thirty years. The City used about$150,000 in CDBG funds to write down the land costs, and about $350,000 in TIF. Because of the high cost associated with meeting the 20% affordable goal with the Klodt proposal, staff recommends and Mr. Klodt has agreed to provide up to 10% of the total units to be available to persons holding Section 8 Vouchers. Most of the apai intent owners in Eden Prairie do not allow Section 8 Vouchers in their developments. Persons with Vouchers only pay 30%of their income toward rent, the balance is paid by the Department of Housing and Urban Development (HUD). This would help facilitate affordable scattered site rental housing in Eden Prairie. tU Memorandum B RW B R W INC. DATE: November 5, 1996 TO: Scott Kip (Planning) Planning Alan Gray (Engineering) Transportation Engineering FROM: Rick Nau, AICP Urban Design Jeff Holstein, PE Thresher Square 700 Third Street So. SUBJECT: Eden Prairie Smetana lane Traffic Study Minneapolis, MN 55415 sw 0 70° We have completed the Smetana Lane Traffic Study. The study analyzed The Fax 612/370-1378 impacts associated with the proposed development of 275 apartment units along Smetana Lane, which is located in the City of Eden Prairie, Minnesota Denver (Figure 1). The study documents the existing traffic conditions along Smetana Milwaukee Lane and at key intersections which will provide major access to/from Minneapolis Smetana Lane, estimates the future post-development traffic conditions at these Orlando key intersections, documents the results of post-development traffic analyses of Phoenix these key intersection conditions,summarizes the resulting conclusions of the Portland traffic analyses and identifies recommended improvements to ensure adequate San Diego short and long traffic operations along Smetana Lane. Seattle The following points outline the key subsections of this memorandum. A detailed discussion of each of these items is included in the following paragraphs. • Existing Conditions ▪ Proposed Conditions • Background Traffic Forecasts • Site Generated Traffic Forecasts • Total Traffic Forecasts • Traffic Analyses • Conclusions • Recommendations ( rwrw '� ib\ . 6 R Cam Lahr VIM M. � +4 s�N., f 'I Z� L� •® I © fir.. ,y Bu© jet 'N �1ii111 3 'd �rariw cr ?I Ow 1,am p. t A., f4 1 ;i, [2. .1••v i par i[o d f� , t ♦ titre' 0 )21 -r •© 4A6TN -- —�.— .. - ..Qy"7n�` sm,csu 0 A e �g) BD/NA cow —-". 1-1— . •I - Rt r1� C •aq 0. asuw ��^ 990 POP.46.075 4 •w.su *kg. r iE Y I I ....heed !sass r ss so ' ,�✓' '� 4 s•. 'y a•"tc•tea �j . !q'f+s t ci �wun la W r► atnr seTT 4�'Q, 'e 31r a Ili u s>. ill-MI � � 0 r r v. ''"• ♦ sr +� � � •rarw a / 14 sT Pj ` • 1 i 'w d• (//� t. if is '�, {$ g •.rsrr. .T. K r OwT atcE e ✓ P i C ,t• rd' n Tww sr. WO�v. f� C'� .T• 4 9t w. 2 s d ....„ ..s+ • C`q a a,,r y � r 4r* Iltronc ;ins No "' -'4:P- I '^�'�� wit,/ ra man, ti y. w - O 11 40 I E3A, vt+ 1 ; 14. Kew P. 4 i>�T• _� ,,,, [yA; � Smetana t i.1A&-;i-N0e-E-.ifti W.i__ ,.....__-___ ._.I,_.til •, ,.• . IT,.J 6‘.,,,,,,,,,4,E„g_.i;. --N146%.at0 St. i__--1, v\\ /t•ic.,�23,%.,. (� ._ I\ \ '1 J nn sT. ,�` I� \ ` ? s 41r ------V-1 .-_.< r err.,vile.CYit&K�TNtU.. ,� / I i sr QBDBN PRAIRIE � 5 ` 0 �:ewe '"` 0.6 1990 POP.39.311 riC S® ` 'el "w•rr 1 \10,74 .., , I tit. e. sa ,fp 4-1k •. 3 sr .11 c' • nowt a i �'' g 14.. +,44 ' 14 r,•r.or S d "R•o w,d....• d • row oat t n.• 1/4 '' ••M S er- g �',S u r,, f� •i r. sr .c r000� v L•h•r E / sr. iE q \"� 1 i d ....... !r. tp p$s ►rear cr, i a`d•a. P S r.s ® ct' /r,. sr. 0 yI i cw. P•• •je .5rroe yYYt b41 ' lU Fr1;;;„ y . . aJ t� ,•rra +tsststa „''AMs 4'.% ir• 4 1 YOCaTIZI. 4 $i - 3 O ft.i.. - f sum, r ,wwoo 4, tie O . lea er.a FI 'a Rn. ;� .ec ' • yr„ wows ` r +slwr g a•�. 4 'sr. g d +l � cu L°ri r 4 p •.' '. b`'4. .. �h yrfwrr�' ¢ y .. .N, ere r.•r•.••r .tom e• to, . x t d8 ••r € rf., w a a• ` S d�f,, r.r t w.B g d Y (il r'u .� d e ,.d YT 92 us+•• r. I ..,n •sr • Smetana Lane Site Location Map Traffic Study Eden Prairie, Minnesota o— 1,500 3,000 Feet North Figure 1 %.+rr 2Z Scott Kip Alan Gray November 5, 1996 Page 3 Existing Conditions Access Smetana Lane is currently a gravel roadway which provides access to four single family residences. Smetana Lane tees into Valley View Road to the west and dead-ends to the east. Smetana Lane does not have another outlet or crossing roadway over it's approximately 1/4 mile length. Valley View Road provides subregional access to/from Smetana Lane. Valley View Road has an interchange with Trunk Highway 169 (TH 169) roughly one mile to the east of Smetana Lane and a connection to Prairie Center Drive approximately 1,000 feet to the west of the Smetana Lane intersection. These connections provide fairly quick regional amens to TH 169, US Hwy 212,TH 5 and 1-494. Geometrics & Traffic Control Smetana Lane is currently a gravel roadway approximately 10-15 feet in width. Valley View Road is currently a two lane urban roadway with left turn lanes provided at the key adjacent intersections of Flying Cloud Drive and Golden Triangle Drive (Figure 2). There are currently no turning lanes provided on Valley View Road at the Sawa Lane intersection. The key intersections along Valley View Road at Smetana Lane, Flying Cloud Drive and Golden Triangle Drive are all currently through/stop controlled with side-street approaches required to stop (Figure 2). These key intersection locations were selected by the City of Eden Prairie. Note that the Valley View Road/Golden Triangle Drive intersection is a tee intersection and that the west approach of the intersection,which is stop controlled, is designated as Valley View Road. The through roadway of this intersection consists of Valley View Road to the north and Golden Triangle Drive to the south. Traffic Volumes The existing AM and PM peak hour traffic volumes at the three key intersection locations are shown in Figure 2. These data were obtained from traffic counts conducted by the City of Eden Prairie at the Flying Cloud and Golden Triangle intersections in March of 1996. The volumes at the Smetana Lane intersection were estimated based on the Flying Cloud intersection count and on assumed negligible demand to/from Smetana Lane. The data indicate that the existing AM and PM peak traffic hours are from 7:15 to 8:15 AM and from 4:30 to 5:30 PM, respectively. 2� 4 sib l S, Q,0. OGO 3541 184� �/� JP� VA 108/ 15.4 10 1. ''.....- --- Vcarb‘ 7 ,0:9A, o• o ti� co '�) \‘sc- ,,-S"' w LD / 1 , 4 6 • 1 `� '# 8 Legend: a,♦ `1 ,° -0 T -Stop Sign 90 00•s 9`ZZ 0� 000 -AM Peak Hour(7:15-8:15) ♦ S� 000 -PM Peak Hour(4:30-5:30) �� A "TA No Scale North 9 `A • Smetana Lane Existing Peak Hour Traffic Study Source): Traffic Volumes City of Etlen Prairie Traffic Counts(3/96). Eden Prairie, Minnesota ADT Information From Mn/DOT 19994'fraffic Flow Map. Figure 2 9111.1161 Scott Kip Alan Gray November 5, 1996 Page 5 The existing average daily traffic demand on Valley View Road, west of Smetana Lane and east of Golden Triangle Drive, is roughly 6,800 vehicles per day (vpd) and 4,500 vpd, respectively. These data were obtained from Mn/DOT's 1994 traffic flow map. Proposed Conditions Short Range The area adjacent to Smetana Lane is currently zoned for industrial related uses. However, a 15-acre portion of this area is currently under consideration for development of 275 apartment units. If approved, this development would likely occur in 1997. If the parcel was developed as industrial the development intensity would approximate 160,000 square feet. Long Range Discussions with the City staff indicate that the long-range build out of the remaining land should be assumed to be developed as 105,000 square feet of office, warehouse and manufacturing land use. Background Traffic Forecasts Background traffic refers to the traffic demand that would be expected to exist if the development parcel were to remain vacant. For this study, background traffic volumes were prepared for the Year 1998, which corresponds to the year after the expected opening or completion of the proposed development. In order to develop the background traffic forecasts, it was necessary to apply an annual growth factor to the existing volumes for a two year(1998-1996) time period. Based on the recent Supervalu Traffic Study,prepared by BRW, Inc., in March of 1995, which was for a nearby site just north of Valley View Road and west of US Hwy 212, a two percent annual growth rate was used. The resulting Year 1998 AM and PM peak hour and ADT background traffic forecasts for the three key intersection locations and segments along Valley View Road are shown in Figure 3. The ADT data indicate that the Year 1998 background daily forecasts along Valley View Road, west of Smetana Lane and east of Golden Triangle Drive, are roughly 7,100 and 4,700 vpd, respectively. 4 •; O � (i._ , ���. 20 �`,9006 'V' Li 369/ 192� A( q JP� �� 113/ 16f \4 / NN Vc:ib‘ CbsYleb sra pt?\ /7 Got))\-V ,0* ``4.c CI J / 1 A N `�,916 ��3 NN\ JQ� Cs 9 o 6 ♦ `0 Ao g Legend: >♦ `.54°‘0 � -Stop Sign 9��; 9O CO 000 -AM Peak Hour(7:15-8:15) ♦ S� 000 -PM Peak Hour(4:30-5:30) -9 No Scale North cc ir Smetana Lane 1998 Background Traffic Study Peak Hour Forecasts Source: Eden Prairie, Minnesota Based oh Assumed 2%Per Year Average Growth Figure 3 tI4•.I c c Scott Kip Alan Gray November 5, 1996 Page 7 Site Generated Traffic Forecasts Trip Generation The projected traffic generation to and from the 15-acre development site was estimated based on the trip rates documented in the 1991 ITE Trip Generation Manual (5th Edition). The expected trip generation of both the 275-unit apartment scenario and the 160,000 square feet of industrial scenario were determined for comparison purposes. This data is documented in Table 1. The data indicate that the apartment scenario is expected to generate approximately 1,800 daily vehicle trips, including 130 during the AM peak hour and 160 during the PM peak hour. This compares with the industrial development scenario,which would be expected to generate roughly 1,100 daily vQhirle trips,including 150 during the AM peak hour and 160 during the PM peak hour. Therefore, the apartment scenario would be expected to generate more traffic on a daily basis, slightly less traffic during the AM peak hour and about the same volume of traffic during the PM peak hour. The other major generation difference between these two development scenarios is that the apartment scenario would generate more outbound trips in the AM and inbound trips in the PM. Whereas the industrial scenario would generate more inbound trips in the AM and more outbound trips in the PM. The projected trip generation to and from the remainder of the undeveloped land adjacent to Smetana Lane was also estimated based on trip rates documented in the 199j Trip Generation Manual. The data for this assumed 105,000 square feet of office/warehouse/manufacturing development is documented in Table 2 The data indicate that the development of the remaining vacant properties along Smetana Lane is expected to generate approximately 1,000 vehicle trips, including roughly 140 AM peak hour and 140 PM peak hour trips. Trip Distribution The expected trip distribution of traffic to and from the future development along Smetana Lane was estimated based on discussions with City of Eden Prairie Staff. The directional orientation used for the study assumes that 60 TABLE I. EDEN PRAIRIE - SMETANA LANE TRAFFIC STUDY EXPECTED TRIP GENERATION OF SITE RAT1S * TRIPS ** # of AM AM PM PM AM AM PM PM Land Use Unit Units ADT In Out In Out ADT In Out In Out Apartments (Low Rise) D.U. 275 6.59 0.10 0.37 0.38 0.20 1,800 30 100 100 60 Industrial (General Light) KSP 160.0 6.97 0.76 0.16 0.12 0.86 1,100 120 30 20 140 IV .. * Rates reflect values documented In ITE Trip Generation Manual, (5th Edition, 1991). ** Trips rounded; daily rounded to nearest 100 trips and hourly rounded to nearest ten trips. TABLE 2 EDEN PRAIRIE - SMETANA LANE TRAIFIC STUDY EXPECTED TRIP GENERATION OE UNDEVELOPED AREAS ADJACENT TO SITE RATES * TRIPS ** # of AM AM PM PM AM AM PM PM Land Use Unit Units ADT In Out In Out ADT In Out In Out Office KSP 35.0 18.47 2.18 0.27 0.43 2.07 646 76 10 15 73 Warehouse KSI' 35.0 4.88 0.41 0.16 0.26 0.48 171 15 6 9 17 Manufacturing KSP 35.0 3.85 0.73 0.05 0.40 0.35 135 25 2 14 12 Total - KSP 105.0 -- -- -- -- -- 952 116 18 38 102 (1,000) (120) (20) (40) (100) * Rates reflect values documented in ITE Trip Generation Manual, (5th Edition, 1991). ** Trips rounded; daily rounded to nearest 100 trips and hourly rounded to nearest ten trips. rz Scott Kip Alan Gray November 5, 1996 Page 10 percent of the traffic will be oriented towards the east on Valley View Road and 40 percent will be oriented towards the west on Valley View Road. The resulting assignment of site-generated traffic forecasts for the short-range time period, assuming the development of the 15-acre site with the apartment scenario, are shown in Figure 4 in parenthesis. Total Traffic Forecasts Short Range Year 1998 total taint. forecasts were prepared in order to determine the impacts of the proposed 275-unit apartment development on the adjacent roadway system. The total forecasts consist of The Year 1998 background traffic forecasts plus the expected site-generated forecasts for the apartment development. The total Year 1998 AM and PM peak hour forecast volumes are shown in Figure 4. These peak hour forecasts are prepared for use in capacity analyses, in geometric design or redesign of streets or intersections and in establishment of appropriate traffic control devices. Figure 4 also shows the expected post-apartment development ADT forecasts along Valley View Road west of Smetana Lane and east of Golden Triangle Drive. These daily forecasts are 7,800 vpd and 5,800 vpd, respectively. Long Range Long range traffic forecasts were also prepared for Smetana Lane to help determine the ultimate or build-out geometrics of Smetana Lane. These forecasts (Figure 5) assume the development of the 275-apartment unit scenario and the 105,000 square feet of office/warehouse/manufaLtuii tg. The data indicate that the build-out traffic demand on Smetana Lane immediately south of Valley View Road is projected to be approximately 2,800 vpd, including 270 vehicle trips during the AM peak hour and 300 vehicle trips during the PM peak hour. Traffic Analyses Capacity Analyses A capacity analysis is an established method of objectively measuring the quality of traffic flow through an intersection or along a segment of roadway. /rS490 . osloS lLI, // i 429 (60)1228(36) "IL/ Q�� O ,`t `6Ol 113 (0)/ 16(0)� ta co b6 � t 1 ter' o f / `A O 1 i �.A ry41) /� Qom- Cl -- co 91 0l 1 4 g2`b1` `o• p1 t01 `/6) \j/ �s `A.1. 6 `oi .4P Legend: ,N p6 p1 ...v. -Stop Sign h��`6 S 000 -AM Peak Hour(7:15-8:15) AP 001 0 000 -PM Peak Hour(4:30-5:30) �% ,eye k NO , 60% 0000 -Total Traffic /1111 '�o* 0 � 1`L (000)-Site Generated Component A J S/ -\r1. a, No Scale North aJ 40% 4 Smetana Lane Post-Apartment Development Traffic Study Peak Hour Forecasts Eden Prairie, Minnesota Figure 4 N11M1 • VALLEY VIEW RD. or- 90 / 84 60 / 56 -1)1 er( itt qv 43) s 00 CV Z 2,800 ADT Legend: 000 -AM Peak Hour(7:15-8:15) 000 -PM Peak Hour(4:30-5:30) No Scale North Smetana Lane Projected Peak Hour Build-Out Traffic Study Forecasts on Smetana Lane Eden Prairie, Minnesota Figure 5 C Scott Kip Alan Gray November 5, 1996 Page 13 The intersection analysis is based on the fact that there is a maximum number of vehicles which can be accommodated by each lane approaching the intersection. This maximum number is then modified to take into account such limiting factors as the type of traffic signal operation, the intersection geometry, and the amount of turning traffic. The calculated capacity is then compared to either the existing or forecast, peak hour volumes. The relationship between these values gives an indication of the quality of traffic flow. If the existing or forecast volumes are significantly less than the calculated capacity, the quality of traffic flow should be very good, with little or no congestion at the intersection. However, as the volume of traffic through the intersection approaches capacity, the quality of traffic flow drops and the amount of congestion and delay increases. Qualitatively speaking,the various levels of traffic flow through an intersection can be d as follows: , Level of Service A - Light traffic, short stable queues during red signal phase, and no delay. Level of Service B -Moderate traffic, stable queues, little delay. Level of Service C -Moderate heavy traffic, moderately long but stable queues during red signal per,moderate but acceptable delay. Level of Service D-Heavy traffic, long unstable queues, delays sometimes become excessive. Level of Service E - Heavy flow, long queues, and excessive delays. Level of Service F-Heavily congested traffic conditions. Traffic demand greater than capacity. In large metropolitan areas such as the Twin Cities,Level of Service D is usually recommended for urban intersection design as it is considered to reflect the minimum acceptable quality of traffic flow; and Level of Service E is considered to be the actual capacity of the intersection. Capacity analyses were conducted to determine the existing, Year 1998 background and Year 1998 post-apartment-development levels of traffic operations during the AM and PM peak hours at the three key intersections. The analyses were conducted by using the procedures outlined in the 1994 Highway Capacity Manual Update and the existing geometrics and traffic c Scott Kip Alan Gray November 5, 1996 Page 14 control. The results of the capacity analyses are documented in Table 3 and summarized below. • Each of the three key intersections currently operate at acceptable levels of traffic congestion (LOS "D" or better) during the existing AM and PM peak hours of traffic demand. • The three key intersections would be expected to continue to operate at acceptable levels of traffic congestion during the Year 1998 background AM and PM peak hours. • Under the Year 1998 post-development conditions, the Valley View Road intersections with Smetana Lane and Flying Cloud Drive are expected to operate at acceptable levels of traffic operations during the AM and PM peak hours. However,the left i*ming movement from the west Valley View approach at the Valley View Road/Golden Triangle Drive is expected to operate at LOS "F" during the PM peak hour. It should be noted that the capacity analyses procedures for two-way stop controlled intersections is typically conservative. Field observations of the Valley View Road/Golden Triangle Drive intersection conducted by BRW, Inc., in October of 1996 indicate that the left turning delay from the west approach is marginal during the existing PM peak hour_ Tore, the forecasted additional 44 left turning vehicles and 95 opposing vehicles during the 1998 post-development PM peak hour is expected to cause greater congestion (possibly to the capacity level), but not to the level where this movement cannot be made. Signal Warrant Analyses Because the installation of a traffic signal is sometimes a remedial measure for improving the side-street congestion at an intersection, the possible future installation of a traffic signal at the Valley View Road/Golden Triangle Drive intersection was investigated. In addition, a signal warrant analysis was also conducted for the subject intersection of Valley View Road/Smetana Lane. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) specifies eleven traffic signal warrants, which when met or exceeded indicate that a traffic signal may be installed. A traffic signal does not have to be installed if a warrant is met. A major metropolitan area may have hundreds of unsignalized intersection locations that meet one or more traffic signal warrants for which there are no plans to signalize. TABLE 3 EDEN PRAIRIE - SMETANA LANE TRAFFIC STUDY LEVELS OF SERVICE LEVELS OF SERVICE * AM Peak Hour PM Peak Hour -Intersection Traffic Left Left Left Left i Scenario (with Valley View Road) Control Major Street Minor Street total Major Street Minor Street Total Smetana Lane Thru/Stop B C A A B A Existing Flying Cloud Drive Thru/Stop A D A A C B Golden Triangle Drive Thru/Stop A C B A D A Smetana Lane Thru/Stop B C A A B A Year 1998 Background Flying Cloud Drive Thru/Stop A b A A C B Golden Triangle Drive Thru/Stop A C B A D B Smetana Lane Thru/Stop B C A A C A Year 1998 Post- Flying Cloud Drive Thru/Stop A b A A D B Development Golden Triangle Drive Thru/Stop A b B A F B * Based on procedures documented in 1994 Highway Capacity Manual update. #23942 f C Scott Kip Alan Gray November 5, 1996 Page 16 Because of data constraints, only Warrant #11 (Peak Hour Volume) was used for the warrant analyses. The warrant analysis for the Valley View Road/ Smetana Lane intersection for the Year 1998 post-development and ultimate Smetana Lane development conditions is shown in Figure 6. The data indicate that the intersection is not expected to warrant the installation of a traffic signal during the Year 1998 post-apartment- development conditions. The intersection is also not expected to warrant signalization following the build-out of vacant land along Smetana Lane. The warrant analysis for the Valley View Road/Golden Triangle Drive intersection for the existing, Year 1998 background and Year 1998 post- development conditions is shown in Figure 7. The data indicate that the intersection currently does not meet warrants and that the intersection would not be expected to meet warrants diming the Year 1998 background or Year 1998 post-development conditions. Conclusions • The expected traffic impacts resulting from the development of 275 apartment units along Smetana Lane would be minor. The proposed 275-unit apartment development is expected to generate 1,800 daily vehicle trips,including 130 during the AM peak hour and 160 during the PM peak hour. If the land were instead developed as zoned the estimated 160,000 square feet of industrial usage would be expected to generate 1,100 daily vehicle trips, including 150 during the AM peak hour and 160 during the PM peak hour. The apartment development will generate more trips on a daily basis and more AM outbound and PM inbound trips than the industrial scenario. The industrial scenario will generate more AM inbound and PM outbound trips than the apartment development. • Capacity analyses indicate that the Valley View Road intersections with Smetana Lane, Flying Cloud Drive and Golden Triangle Drive currently operate at acceptable levels of traffic congestion during the AM and PM peak hours. These intersections are expected to continue to operate at acceptable levels in the Year 1998 post-apartment-development conditions, with the exception of the left turning movement from eastbound Valley Valley View Road / Smetana Lane - 600 -. 4 z • i z Warrant Met v , , , x yam. , .a rj ., ' i�' II! i. �i a 4 ; dia ', � r� = , n. ',X 'INS. d t x AIM s s CI rpyiP'` v "', '�c '� 's ` a �AYr3 r L\L 400 16 .>rs . W Y� 0 200 ... ` .: P-D AM* P-D PM* !a� .0 O O •a :.rmex.. 100 0 • P-DAM • 0 Warrant Not Met a-D P Vi 400 600 800 1000 1200 1400 1600 1800 ,g1 MAJOR STREET - Total of Both Approaches (VPH) *Year 1998 Post-Development but Assumes Build-Out Smetana Lane Volumes Smetana Lane Warrant 11 Traffic Study Peak Hour Volume Warrant Eden Prairie, Minnesota Figure 6 ,1411,., Valley View Road / Golden triangle Road i O P-D AM ♦ n ) ..,.♦ _ � � v ' ' Warrant Met O r �t,�a %, .. t , , , ,„;-,.,..,:.1 q1.0 0,, r.,,,,,,,,;<4 ♦ , x X Mgr 4 47 , bF:,,,, r �a 4 41�� r F 3 x3 4- % Q Back AM ,: :� . a -E �te . r am w � u ' � . re. r f1 ♦ r - �" �a`^� '��'",*3 '; y " ��:,��1 's rr .lei ^'' .'��. • Exist. AM a , rZyr. - 1!1i' IA 0 Q , Back PM k ... O ° F Z o 200 �'�� z �, F" . hh l,& ex7' S OExist. PM '' ��,-,/ -.*. c LV = 100 0 Warrant Not Met 400 600 800 1000 1200 1400 1600 1800 ' Met Not Met MAJOFI STREET - Total of Both Approaches (VPH) Existing AM • PM • Year 1998 AM • Background PM • Year 1998 AM • Post-Dev. PM • Smetana Lane Warrant 11 Traffic Study Peak Hour Volume Warrant Eden Prairie, Minnesota Figure 7 %UMW Scott Kip Alan Gray November 5, 1996 Page 19 View Road to northbound Valley View Road at the Golden Triangle Drive/Valley View Road intersection. This movement is projected to operate at failure (LOS "F") during the Year 1998 post-development PM peak hour based on the Highway Capacity Software program. However, field observations of this movement during the existing PM peak hour coupled with the expected minor to moderate traffic increases due to the development, suggest that motorists will be able to make this movement under moderate to long delays. • Signal warrant analyses of the Valley View Road intersections with Smetana Lane and Golden Triangle Drive indicate that neither of these locations are expected to warrant the installation of a traffic signal in the Year 1998 post-development conditions. • The projected build-out traffic demands to and from Smetana Lane would operate better if exclusive left and right turn lanes (outbound) were provided on Smetana Lane and if exclusive left and right turning lanes (inbound) were provided along Valley View Road. The two approach lanes on Smetana Lane would allow right turning vehicles (who typically require a smaller gap in the opposing traffic stream than left turning vehicles) to bypass left turning traffic and,erdez Valley View Road. This will reduce delay on this approach. The left and right turning lanes on Valley View Road would reduce congestion and accidents (rear-ends) caused by turning vehicles, which slow down or stop in the through lane to make turns, by separating these movements out of the through traffic lanes. • Because of the existing horizontal and vertical curvature along this section of Valley View Road, the existing sight distance at the Valley View Road/ Smetana Lane intersection was checked by BRW, Inc., personnel to determine if it met the 10 second rule of thumb for intersection sight distance. The data indicated that the existing sight distance to the west was marginal (10-12 seconds) and the existing sight distance to the east was clearly adequate (13-15 seconds) as long as the vegetation along the north side of the roadway within the horizontal curve is kept trimmed. The observations are likely conservative as approach vehicles appeared to be routinely traveling in excess of the 30 mph posted speed limit. C C • Scott Kip Alan Gray November 5, 1996 Page 20 Recommendations • Maintain the current traffic control (through/stop) at the Valley View Road intersections with Smetana Lane, Flying Cloud Drive and Golden Triangle Drive through the Year 1998 post-development conditions. As traffic volumes continue to grow along Valley View Road and a possible upgrade of Valley View to a four lane roadway is considered, these locations should be re-analyzed to determine if signal warrants are met. If any or all of the locations are projected to meet warrants and need signalization then as a minimum the underground items necessary for signalization should be installed coincident to the upgrading of Valley View Road. Reconstruct Samoa Lane to it's required ultimate geometric' s coincident to the proposed 275-unit apartment development This will ensure that Smetana Lane will not have to be widened again if and when Valley View Road is reconstructed. The recommended ultimate geometries for Smetana Lane are shown in Figure 8. As indicated in Figure 8, it would be desirable to have a minimum 44-foot-wide Smetana Lane near the intersection with Valley View Road to be able to provide two exiting lanes and adequate width for possible truck traffic inbound to the future industrial uses. Based on the projected build-out traffic volumes, the approach lanes on Smetana Lane should provide a minimum of 100 feet of storage. Further away from the intersection, a 32-foot Smetana Lane should be adequate to accommodate the expected traffic demands. The recommended geometries also include the provision of left and right turning lanes along Valley View Road for congestion and safety purposes. The minimum storage lengths for these turning lanes are 100 feet (left turn) and 200 feet(right turn). RN:JH/jkh . y� C Widen to Provide VALLEY VIEW RD. Left Turn Lane �-- 14' 12' 12' --► 14' rn)i "111) erri Widen to Provide Right Turn Lane 12 14 Sign z 18' ♦ 44, ♦ Q Z LU ♦ 32' C!) No Scale North Smetana Lane Recommended Smetana Traffic Study Lane Geometrics Eden Prairie, Minnesota Figure 8 INL.O 11 C ( _kit. MINN , �9 Minnesota Department of Natural Resources m Metro Waters- r200 Warner Road, St. Paul,MN 55106-6793 y &Of' o� Telephone: (612) 772-7910 Fax: (612) 772-7977 ��FNATUaP�'P November 1, 1996 Mr. Scott Kipp City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-2230 Re: Lake Smetana Apartments,Klodt Companies,Smetana Lake(27-73W)and Nine Mile Creek,City of Eden Prairie,Hennepin County Dear Mr.Kipp: We visited the proposed Lake Smetana Apartments site on October 16, 1996 with representatives of the applicant. 'have also reviewed the site plans dated 10/7/96 and 9/27/96 (received 1W11/96)for the above- referenced proposal(Section 12,T116N-R22W)and have the following comments to offer: 1. Public waters Smetana Lake(27-73W)and Nine Mile Creek are an the site.Any activity below the ordinary high water(OHW)elevation,which alter the use,current or cross-salon of protected waters or wetlands,is under the jurisdiction of DNR and may require a DNR protected waters permit. In the current plans,the items that may require a DNR permit are related to the stormwater treatment ponds and any improvements in the crossing of Nine Mile Creek for Smetana Lane. The OHW for Smetana Lake is 835.2'. The OHW currently shown on the plans of 834.1'is incorrect,and must be corrected to reflect the 835.2'contour. The OHW line for Nine Mile Creek is based on an earlier on-site visit I made with the applicant's consultant,and appears to be accurately depicted. 2. As discussed on-site,some maneuvering of the treatoust ponds on the north side of Smetana Lane may be necessary to keep the ponds out of the 75 foot shore impact zone of Nine Mile Creek and Smetana Lake. In regards to the pond shown on the south side of Smetana Lane,we agree it is not practical to move Smetana Lane or the existing sewer line. We are also open to allowing the pond within the shore impact zone based on the fact that the proposed location has been filled/altered in the past. However, more detailed review of that pond site will be necessary. It was not clear whether the pond was outside of the OHW of 8352'for Smetana Lake. The feasibility of a pond that runs more east-west and possibly a two-celled design needs to be considered to accommodate the location of an existing main sewer alignment and the lake. The other detail that needs more examination is the grading/slopes, which appeared to be very steep. 3. Another on-site issue we agreed needs further review is related to the proposed grade of Smetana Lane, particularly towards the eastern end of the site. The 848 range elevation is well above that needed to address floodplain concerns,and it may be possible to lower the grade a bit to avoid as much filling as is currently shown to construct the treatment pond on the south of Smetana Lane. 4. In regards to the need for a waiver to the building face not exceeding 50%of Shoreland frontage,I'd agree that the city requirement can't be met at both Nine Mile Creek and Smetana Lake,and I'd also agree that the priority is to have this requirement met along the Smetana Lake shore land. There is also a question t eegarding whether the building height limits will be exceeded. If most of the structures meet the height limits,and it is just a small segment that does not,we would not object. DNR Information:61 -296-6157, 1-80 -766-6000 • TTY:612-296-5484, 1-800-657-3929 An Equal Opportunity Employer ", Printed on Recycled Paper Containing a Who Values Diversity tati43 Minimum of 10r%Post-Consumer Waste a C C Mr.Scott Kipp Smetana Lake Apartments November 1, 1996 - Page 2 5. It appears that the applicant's intent is to leave the existing natural vegetation undisturbed within the 75 foot shore impact zone of Smetana Lake and Nine Mile Creek(with the exception of the treatment pond on the south side of Smetana Lane and portions of Smetana Lane),which is consistent with the city's shoreland regulations. However,some type of conservation easement may be necessary to ensure that future owners do not alter these areas, and some permanent markers may be necessary along some portions of the site to assist with preventing alteration by those responsible for landscaping upkeep. 6. The proposal does include large amount of grading in the main building portion of the project The landscaping and building coloring,etc.in the disturbed area will be of critical concern for blending the site in with the more natural surroundings. It sounded like the applicant's intent was to meet these concerns. 7. There may be wetlands on the site that are not under DNR jurisdiction. The U.S. Army Corps of Engineers should be consulted regarding pertinent federal regulations and Nine Mile Cuck Watershed District should be consulted to ensure the pried is consistent with she Minnesota Wetlands iVuoaavntiaaActof 1991. 8. The following comments are general and apply to all proposed developments: a. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook(Board of Water& Soil Resources and Association of Metropolitan and Soil and Water Conservation Districts)guidelines,or their equivalent,should be followed. b. If constructicainvolves dewatering in excess of 10,000 gallons per day or 1 million gallons per a DNR appropiations permit is needed. Yon are advised that it typically takes approximately 60 days to process the permit application. c. Construction activities which disturb five acres of land,or more,are required to apply for a stormwater permit from the Minnesota Pollution Control Agency(Dan Sullivan(4 296-7219). d. The comments in this letter address DNR - Division of Waters jurisdictional matters and concerns,and should not be construed as DNR support or lack thereof for a particular project I Ymdastand that some of the issues I meted on are already being addressed in more recent plans,which is good,. Please cL mtact me at 772-7914 should you have questions. Sincerely, C-nj Ceil Strauss Area Hydrologist c: Nine Mile Creek Watershed District,Bob Obermeyer U.S.Army Corps of Engineers,Joe Yanta Nine Mile Creek File Wayne Barstad (13 MEMORANDUM TO: Parks,Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities FROM: Stuart A. Fo anager of Parks and Natural Resources DATE: November 14, 1996 SUBJECT: Supplementary Staff Report to the November 8, 1996 Planning Staff Report for Smetana Lakes Apartments BACKGROUND: The proposed development is located along Smetana Road bounding north of Smetana Lake. The area is 17.19 acres in size and the proposal is to build 275 apartment units in two buildings. The site currently is comprised of three separate parcels along with the road right-of-way. The proposal is to plat the entire site into one lot. NATURAL RESOURCE ISSUES: Tree Loss The site is sparsely covered with trees and the plan is to remove 56 of the 49 significant trees from the site. The significant trees make up a total of 604 diameter inches and those removed total 326 diameter inches. This results in a loss of 51% of the significant trees on the site. The majority of the trees are 12-14 inches in diameter, which would indicate that this area at one time was pasture land and in recent years has started growing scattered even aged trees. The primary trees on the site are elm and ash. There are scattered areas of significant trees that will not be impacted by the proposed development. These are along the westerly side adjacent to Nine-Mile Creek, as well the area in the southeastern corner adjacent to Lake Smetana and the creek outlet. Under the Tree Ordinance, replacement is required for 221 caliper inches of trees. The developer has submitted a detailed landscape plan that adequately covers the 221 inches plus the landscaping required for the multi story apartment buildings. The plan has a wide variety of plant materials that are very suitable for this site. NURP Pond The site plan includes two NURP storm water retention ponds, one west of building number one and the second one south of the private driveway at building number two. Both of these ponds are yq designed to take runoff from the buildings and parking areas and precipitate out solids prior to water discharged into Nine-Mile Creek. Engineering staff is checking to make sure that these ponds were of appropriate size and construction according to the Watershed District regulations. Shoreline Setback The project does meet the 150'shoreline setback stipulations for each of the buildings. The NURP pond is located within the 75-foot zone that stipulates no land alteration or building. However, the DNR has been contacted and does not object to the location of the NURP pond as long as additional wetland area is not disturbed in conjunction with its construction or other grading activities. Sidewalks/Trails Part of this development proposal is to shorten the length of Smetana Road from 1,700 feet to approximately 750 feet in length. From area just short of Nine-Mile Creek easterly, the project would be serviced by a private driveway sufficiently wide to handle two-way traffic and emergency vehicles such as fire trucks. A secondary access point is easterly from one of the parking to the adjacent office/industrial property to the east. This traffic would be controlled by some sort of a gate structure. Staff recommends that with the upgrading of Smetana Road that an eight foot wide bituminous trail be constructed along the southerly portion of the public road. In addition, an eight foot wide bituminous trail would be constructed easterly along the south side of the proposed private drive to the most easterly edge of the property. This trail would need to be constructed as per City standards and an easement covering the operation and maintenance of this trail would need to be given to the City by the developer at the time of final plat. Scenic Conservation Easements Staff would recommend that scenic and conservation easements be placed over the land lying at and below the 100-year floodplain elevation of 841. This would be the flood elevation for Nine-Mile Creek. In addition, scenic and conservation easements would also be placed over the area on the south end at the 100-year flood elevation for Lake Smetana, which is also 841. RECOMMENDATION: This project was reviewed by the Planning Commission at its November 12 meeting. It was approved on a 6-0 vote as per the recommendations contained in the Planning Staff Report dated November 8, 1996. The staff would recommend approval of the proposed project as per the recommendations in the Planning Staff Report and the recommendations contained in the supplemental memo. SAF:mdd Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,November 18, 1996 Jill( ), 18887 Magenta Bay, asked why the path does not follow the marsh delineation. Lambert replied they have no ordinance that says where a path has to go in Eden Prairie. In situations like this they try to be reasonable when developers come in. They try to locate paths where it would not be a problem for the people that live adjacent to those paths and try to get those paths as far away from the backyards as possible. If the developer is willing to pay for the boardwalk, it would make a very acceptable path, assuming it meets all permit requirements. Koenig asked if staff would support having a trail at the present location because of the backyard issue as opposed to following the 879 contour. Lambert replied yes. Bowman asked if the City will be designing the trail. Lambert replied no, that the City will approve the design which has to be designed to City standards, with Watershed District and DNR approval. MOTION: Hilgeman moved, seconded by Jacobson,to approve Bearpath 7th Addition as per staff recommendations of November 4, 1996 with the following additions: 1) that staff recommendation#4 be tree replacement and trail construction would be done concurrent with construction, 2)that the development be subject to the DNR permit, 3)that the design and materials used in boardwalk construction be approved by City staff, 4)trail design and construction by developer subject to City approval and DNR permit, 5)trail location to be approved by the DNR. Motion carried 6-0. B. Smetana Lake Apartments Staff referred the Commission to a memo dated November 14, 1996, from Stuart A. Fox, Manager of Parks and Natural Resources and a Staff Report dated November 8, 1996, from Michael D. Franzen, City Planner. Dave Clark, architect, reviewed the development proposal with the Commission noting they are looking at upgrading the roadways. He reviewed the site plan indicating that the buildings are set up in the middle of the site. There are 275 units in two buildings with an underground garage. He discussed the landscaping aspect of the project noting the site is going to require significant grading. He explained the grading plan. They are looking at keeping the area as simple as possible. They are positioning the parking area in a way to create a private road along the south side of the lake. They want to keep it in a country road atmosphere. The area along the lake will be kept natural and 75 feet along the creek edge will not be touched at all. The 150-foot setback from the building will be set up as a preservation area. 6 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday, November 18, 1996 Natural landscaping will be used throughout the area. Formal landscaping will be done in the center of the site. Fox reviewed the staff report with the Commission. He noted that 26 of the 49 significant trees are to be removed giving a tree loss of 51 percent. The developer has submitted a detailed landscape plan that adequately covers the 221 inches of tree replacement required under the Tree Ordinance plus the landscaping required for the multi story apartment buildings. The majority of the trees are 12-14 inches in diameter, which would indicate that this area at one time was pasture land and in recent years has started growing scattered even aged trees. The primary trees on the site are Elm and Ash. There are scattered areas of significant trees that will not be impacted by the proposed development. These are along the westerly side adjacent to Nine-Mile Creek and in the southwestern corner adjacent to Lake Smetana and the creek outlet. There are two NURP ponds on the site to handle the storm water runoff. They are designed to take runoff from the buildings and parking areas and precipitate out solids prior to water discharged into Nine-Mile Creek. The Engineering Department is checking to make sure they are of appropriate size and construction according to the Watershed District. There is a shoreland setback and the buildings are set back from both the creek and from Smetana Lake itself. The only exception is the NURP pond does fall within those areas. However,the DNR has commented on that and do not object to the location of the NURP pond as long as additional wetland area is not disturbed in conjunction with its construction or other grading activities. Staff recommended that an eight foot wide bituminous trail be placed along the south portion of the drive and continue all the way up to Valley View Road and be continued as far easterly as possible. There is one remnant piece of land which is not being purchased and the trail would probably be located in front of the house in order to connect to the existing trail to the east. There is access on the Hoyt development to the east where the trail comes in. The trail would be built concurrent with the development of this project. Staff also recommended that scenic conservation easements be placed at the 841 elevation which is the 100-year floodplain. This project was reviewed at the Planning Commission on November 12 and was approved on a 6-0 vote per recommendations of the Planning Staff Report dated November 8, 1996. 7 �I / Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday, November 18, 1996 Hilgeman asked if the outlot would be used for public access. Fox replied that it's possible. It's a real marshy flat area and it might not be suitable for a boat launch. It's not the best place on the lake for that. Koenig asked for the amount of land in the easement. Lambert replied it's a little under five acres. Bowman questioned where the best place would be to put a public access. Lambert explained the best location on the map, which is west of the Frank Smetana Sr. house. Jacobson asked how many garage spaces there are. Clark replied 275 underground spaces and there will be 275 parking spaces above ground. The impervious surface comes out to 37 percent. Fox explained this is a situation where there are certain areas they cannot build on because of the shoreland setbacks. This forces the development into a smaller location. Koenig asked if the 80 additional inches of landscaping required is figured into the required 221 caliper inches of trees. Fox replied the 80 inches is in addition to the 221 inches. Koenig commented there are two beautiful Oaks at the very top corner of the property and was concerned if they are going to be saved. Clark replied no because there is too much grading to be done. Wilson asked what the cash park fees are on this project. Lambert said it's $1,400 per unit so the City will get$385,000. Brown inquired about the rent amounts. Clark said they will range from $800 to $1,600 for one to two bedrooms. Hilgeman commented she has mixed feelings about the development. This development will change everything about this site from tees on it to the grade of the land. She also didn't like the fact that there is 90 percent of Nine-Mile Creek frontage and the huge tree loss. She thought the tree replacement plan was wonderful and very easy to read. She doesn't like an impervious surface but understands that the impervious surface was strung out along the apartments which makes it less obtrusive. Every time she found something she didn't like about it there was a reason she felt she was behind it. However, it is a much better plan than what could have been there. There are a lot of variances but she could not think of a better land use that 8 iU Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday, November 18, 1996 would preserve more of the natural features. Koenig concurred with Hilgeman's comments. She was happy to see apartments going in with a lot of rentals. It's a much better use than industrial and that would have had much more impervious surface. She stood at the 915-foot point on the site and indicated it is an incredible view to lose but understands the developer has no choice. Jacobson asked if these hills were manmade or natural. Fox replied they are natural hills. Hilgeman was concerned about how much grading would be going on within the shore impact zone. Fox said the only grading would be for construction of the private drive. Clark commented that most of the grading will be minor and will be toward the area where the NURP pond is. Bowman expressed concern about how they might get public access to Smetana Lake and would like something as a condition of the public easement. Clark indicated that Marcella Smetana's house is going to remain and there will be an easement provided for her through their property as long as she likes. It is a public easement access plus the new walkway will be included in that as well. They are not going to lose the opportunity for public access. MOTION: Brown moved, seconded by Wilson, to approve Smetana Lake Apartments project with respect to the staff recommendations of November 8, 1996, and that a condition of the public easement is to retain public use to Outlot A if a public access is ever developed on Outlot A. Motion carried 6-0. VI. OLD BUSINESS A. None. VII. NEW BUSINESS A. None. VIII. REPORTS OF COMMISSIONERS AND STAFF A. Reports of Staff 9 1 OPEden CITY COUNCIL AGENDA DATE: prone SECTION: Payment of Claims 12-03-96 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI Checks No. 47643 thru 48111 Action/Direction: Approve payment of claims. COUNCIL CHECK SUMMARY TUE, NOV 26, 1996, 2:05 PM DIVISION TOTAL N/A $20,927.06 LEGISLATIVE $2,106.00 GENERAL SERVICES $3,326.67 EMPLOYEE BENEFITS $7,463.16 DATA PROCESSING $45.00 CITY MANAGER $154.28 FINANCE $219.15 HUMAN RESOURCES $3,051.91 COMMUNITY INFORMATION $1,412.51 • ELECTIONS $71.91 ENGINEERING $86.39 INSPECTIONS $79.71 FACILITIES $8,272.40 CIVIL DEFENSE $50.24 POLICE $7,911.47 FIRE $116,686.89 ANIMAL CONTROL $373.66 PARK ADMIN $24.87 STREETS & TRAFFIC $10,499.98 PARK MAINTENANCE $13,277.08 STREET LIGHTING $46,776.75 FLEET SERVICES $17,887.94 ORGANIZED ATHLETICS $3,146.71 COMMUNITY DEV -$1,545.00 COMMUNITY CENTER $17,896.16 HISTORICAL $355.00 YOUTH RECREATION $7,872.20 SPECIAL EVENTS $12.00 ADULT RECREATION $3,822.85 RECREATION ADMIN $14.99 ADAPTIVE REC $189.48 OAK POINT POOL $84.50 ARTS $47.00 PUBLIC IMPROV PROJ $102,941.78 SPECIAL ASSESSMENTS $147,764.05 CITY CENTER $93,761.79 SPECIAL REVENUE FUNDS $333.40 PRAIRIE VILLAGE $45,958.61 PRAIRIEVIEW $58,502.14 PRESERVE $17,430.08 WATER DEPT $45,923.48 SEWER DEPT $189,641.39 STORM DRAINAGE $308.90 AGENCY FUNDS $19,071.68 $1,014,238.22* Z COUNCIL CHECK REGISTER TUE, NOV 26, 1996, 2:04 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 47644 $149.00 BELLBOY CORPORATION BEER 6/12 PRESERVE LIQUOR #2 47645 $7,232.70 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 47646 $24,882.65 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 47647 $119.75 JOHNSON BROTHERS LIQUOR CO BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 47648 $10,990.60 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 47649 $398.95 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRE VIEW LIQUOR #3 47650 $51.45 PEPSI COLA COMPANY BEER CASES PRESERVE LIQUOR #2 47651 $118.75 THE WINE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 47652 $17,681.55 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 47654 $28.00 ANN MARIE STOLL LESSONS/CLASSES POOL LESSONS 47655 $28.00 ASTRID MOZES LESSONS/CLASSES OAK POINT LESSONS 47656 $25.00 CINDY EVERT LESSONS/CLASSES OAK POINT LESSONS 47657 $3.50 DAVE BRUCKS LESSONS/CLASSES POOL LESSONS 47658 $40.50 EDIE ANDERSON SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 47659 $80.00 EMILY WAGNER ADULT/YOUTH/OUTDOOR CTR PROG KIDS KORNER 47660 $18.67 GARY ALEXANDER ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 47661 $18.00 JIM BUERGQUIST LESSONS/CLASSES POOL LESSONS 47662 $7.00 JOAN BENSON LESSONS/CLASSES POOL LESSONS 47663 $72.00 JULIE TRANTINA LESSONS/CLASSES POOL LESSONS 47664 $14.50 KAREN WRIGHT LESSONS/CLASSES POOL LESSONS 47665 $3.50 KAY BERGELAND LESSONS/CLASSES POOL LESSONS 47666 $3.50 KAY COURRIER-OASTER LESSONS/CLASSES POOL LESSONS 47667 $3.50 KEN HANUS LESSONS/CLASSES POOL LESSONS 47668 $3.50 LINDA DAMASIN LESSONS/CLASSES POOL LESSONS 47669 $10.50 LISA FLOM LESSONS/CLASSES POOL LESSONS 47670 $66.66 MARCIA DROEGER LESSONS/CLASSES ICE ARENA 47671 $5.00 MARI BRTH SCHULKE ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 47672 $3.50 MARK PAETZNICK LESSONS/CLASSES POOL LESSONS 47673 $23.00 MARLYN LASLEY SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 47674 $28.00 MARY BETH CARLSON LESSONS/CLASSES POOL LESSONS 47675 $23.00 OPEL WIEGELT SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 47676 $3.50 SANDRA JOHNSON LESSONS/CLASSES POOL LESSONS 47677 $3.50 SHARON GOUGE LESSONS/CLASSES OAK POINT LESSONS 47678 $3.50 STACY BORG LESSONS/CLASSES POOL LESSONS 47679 $80.00 TAMARA PETERSON ADULT/YOUTH/OUTDOOR CTR PROG KIDS KORNER 47680 $28.00 TERESA HOFFMAN LESSONS/CLASSES POOL LESSONS 47681 $28.00 THOMAS KOTILA LESSONS/CLASSES OAK POINT LESSONS 47682 $15.00 THOMAS MELLEM LESSONS/CLASSES POOL LESSONS 47683 $3.50 WARREN DAMMANN LESSONS/CLASSES POOL LESSONS 47685 $40.00 GOVERNMENT TRAINING SERVICE CONFERENCE IN SERVICE TRAINING 47686 $500.00 LAKE COUNTRY CHAPTER CONFERENCE IN SERVICE TRAINING 47687 $353.89 MARSHALLS FAMILY FARM MARKET LANDSCAPE MTLS & AG SUPPL SENIOR CITIZENS CENTER 47688 $240.04 MCFARLANES INC REPAIR & MAINT SUPPLIES WATER WELL #11 47689 $714.46 MCGLYNN BAKERIES OPERATING SUPPLIES-GENERAL FIRE 47690 $64,152.00 METROPOLITIAN COUNCIL SYSTEM ACCESS-SEWER SEWER DEPT 47691 $7,963.52 MINNESOTA STATE TREASURER BLDG SURCHARGES BLDG SURCHARGE 47692 $6,579.89 NORTHERN STATES POWER CO ELECTRIC SEWER LIFTSTATION 47694 $90,330.92 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG . 47695 $582.56 SUNBUSTERS CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 47696 $2,621.70 US WEST COMMUNICATIONS TELEPHONE SEWER LIFTSTATION 47698 $750.00 WEST SUBURBAN COLUMBUS CREDIT CREDIT UNION FD 10 ORG 47700 $2,408.72 WM MUELLER AND SONS INC PATCHING ASPHALT STREET MAINT 47702 $248.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 47703 $586.76 ADT SECURITY SYSTEMS INC CONTRACTED REPAIR & MAINT PUBLIC WORKS/PARKS 47704 $20.00 DEPT OF LABOR & INDUSTRY CAIS LICENSES & TAXES WATER TREATMENT PLANT 3 COUNCIL CHECK REGISTER TUE, NOV 26, 1996, 2:04 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 47705 $987.00 DIVERSIFIED INSPECTIONS INC EQUIPMENT TESTING & CERT EQUIPMENT MAINT 47706 $104.00 ERIC M LEBLANC CONTRACTED REPAIR & MAINT POLICE 47707 $46.17 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL 47708 $72.89 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINT 47709 $200.00 JEAN L HARRIS CONFERENCE IN SERVICE TRAINING 47710 $200.00 JEAN L HARRIS CONFERENCE IN SERVICE TRAINING 47711 $45.00 JEFFREY RICHARDS SCHOOLS FIRE 47712 $673.93 JIM TORNUE OPERATING SUPPLIES-GENERAL SUMMER SKILL DEVELOP 47713 $10.48 JOHN CONLEY POLICE EQUIPMENT POLICE 47714 $75.00 KAROL ROCKLER INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 47715 $115.80 KATHERINE A TEKIELA INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 47716 $105.00 LEAGUE OF MINNESOTA CITIES CONFERENCE IN SERVICE TRAINING 47717 $20.00 LEAGUE OF MINNESOTA CITIES CONFERENCE IN SERVICE TRAINING 47718 $72.00 MARY FREY OTHER CONTRACTED SERVICES VOLLEYBALL 47719 $122,958.00 METROPOLITIAN COUNCIL SYSTEM ACCESS-SEWER SEWER DEPT 47720 $5,510.56 MICHAEL J WILKUS ARCHITECTS IN DESIGN & CONST CUB FOOD STORE CONSTRUCTION 47721 $26.88 MICHAEL W JACQUES USE OF PERSONAL AUTO PRESERVE LIQUOR #2 47722 $205.00 MINNESOTA MULTI HOUSING ASSOC SCHOOLS WATER TREATMENT PLANT 47723 $7,160.17 MINNESOTA STATE TREASURER BLDG SURCHARGES BLDG SURCHARGE 47724 $135.00 MN ASPHALT PAVEMENT ASSOC CONFERENCE IN SERVICE TRAINING 47725 $25.00 MN DEPT OF REVENUE-PETROLEUM D LICENSES & TAXES EQUIPMENT MAINT 47727 $40.00 NCTRC DUES & SUBSCRIPTIONS IN SERVICE TRAINING 47728 $200.00 PATRICIA PIDCOCK CONFERENCE IN SERVICE TRAINING 47729 $19.00 PETE HAMMERLIND LICENSES & TAXES PARK MAINT 47730 $86.00 PETTY CASH-POLICE DEPT POSTAGE GENERAL 47731 $108.75 RICCAR HTG & AC MECHANICAL PERMIT FD 10 ORG 47732 $458.64 RIVERWALK PT. ZA HOTEL CONFERENCE IN SERVICE TRAINING 47734 $12.25 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 47735 $131.72 ROD MACRAE REC EQUIP & SUPPLIES OUTDOOR CTR PROGRAM 47736 $200.00 RONALD CASE CONFERENCE IN SERVICE TRAINING 47737 $29.70 RONS MECHANICAL MECHANICAL PERMIT FD 10 ORG 47738 $200.00 ROSS THORFINNSON JR CONFERENCE IN SERVICE TRAINING 47739 $14.82 SANDY WERTS SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 47740 $446.20 SHERATON GUNTER HOTEL CONFERENCE IN SERVICE TRAINING 47741 $334.64 SHERATON GUNTER HOTEL CONFERENCE IN SERVICE TRAINING 47742 $446.20 SHERATON GUNTER HOTEL CONFERENCE IN SERVICE TRAINING 47743 $236.85 SHERI L MOONEN OPERATING SUPPLIES-GENERAL AFTER SCHOOL PROGRAM 47744 $49.50 TAMMY LOFRANO SCHOOLS FITNESS CLASSES 47745 $72.46 TRIA MANN USE OF PERSONAL AUTO ADAPTIVE RECREATION 47746 $355.00 UNIVERSITY OF MN-REGISTRAR,PDC CONFERENCE IN SERVICE TRAINING 47748 $200.00 CARL J JULLIE CONFERENCE IN SERVICE TRAINING 47749 $200.00 NANCY TYRA-LUKENS CONFERENCE IN SERVICE TRAINING 47750 $572.49 RIVERWALK PLAZA HOTEL CONFERENCE IN SERVICE TRAINING 47751 $572.49 RIVERWALK PLAZA HOTEL CONFERENCE IN SERVICE TRAINING 47753 $81.50 BELLBOY CORPORATION BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 47754 $8,865.00 DAY DISTRIBUTING BEER 6/12 PRESERVE LIQUOR #2 47755 $19,463.15 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 47756 $10,923.95 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 47758 $1,135.83 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRESERVE LIQUOR #2 47759 $309.95 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 47760 $13,389.40 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 47762 $2,258.32 CANADA LIFE ASSURANCE COMPANY DISABILITY IN EMPLOYERS FD 10 ORG 47763 $713.58 CARVER COUNTY COURTHOUSE GARNISHMENT WITHHELD FD 10 ORG 47764 $300.00 FEDERAL RESERVE BANK OF MPLS BOND DEDUCTION FD 10 ORG 47765 $7,995.50 GREAT WEST LIFE AND ANNUITY DEFERRED COMP FD 10 ORG 4( COUNCIL CHECK REGISTER TUE, NOV 26, 1996, 2:04 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 47766 $545.55 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG 47767 $4,356.36 I.C.M.A. RETIREMENT TRUCT-457 DEFERRED COMP FD 10 ORG 47768 $1,277.00 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG 47769 $332.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG 47770 $1,962.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG 47771 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG 47772 $3,248.27 PRUDENTIAL INS CO OF AMERICA-C LIFE INSURANCE EMPLOYERS FD 10 ORG 47773 $43,405.34 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 47774 $273.00 PUBLIC EMPLOYEES RETIREMENT LIFE INSURANCE W/H FD 10 ORG 47775 $42.50 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG 47776 $182.00 UNITED WAY UNITED WAY WITHHELD FD 10 ORG 47778 $1,177.93 AIRTOUCH CELLULAR TELEPHONE SEWER UTILITY-GEN 47779 $30.00 AMERICAN LUNG ASSOCIATION SCHOOLS POLICE 47780 $160.50 BOB LAMBERT DUES & SUBSCRIPTIONS IN SERVICE TRAINING 47781 $34.45 CENTURY PHOTO PRODUCTS PHOTO SUPPLIES REC SUPERVISOR 47782 $17.74 CHUCK SCHAITBERGER OPERATING SUPPLIES-GENERAL FIRE 47783 $12,127.60 DELANO ERICKSON ARCHITECTS BUILDING MILLER PK K32 47784 $19.11 DON SWENSON TRAINING SUPPLIES POLICE 47785 $22.68 GARRETT SMELTZER USE OF PERSONAL AUTO EPCC MAINTENANCE 47786 $6,074.76 HALLA NURSERY CONTRACTED REPAIR & MAINT WATER TREATMENT PLANT 47787 $93,162.50 HENNEPIN COUNTY TREASURER LICENSES & TAXES CITY CENTER OPERATING COSTS 47788 $18.00 INTERACTIVE EMS VIDEO TRAINING SUPPLIES FIRE 47789 $823.60 JAMES G. CLARK CONFERENCE POLICE 47790 $12.00 LAURIE HELLING OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 47791 $45.00 MIKE POWERS SCHOOLS FIRE 47792 $65.60 N S P PHOTO SUPPLIES FIRE 47793 $81,030.89 NORTHERN STATES POWER CO ELECTRIC SEWER LIFTSTATION 47796 $446.00 NORTHERN STATES POWER CO OTHER CONTRACTED SERVICES STREET LIGHTING 47797 $558.91 OLSON CHAIN & CABLE CO INC REPAIR & MAINT SUPPLIES PARK MAINT 47798 $12.00 PETER RISOTTO MEETING EXPENSES IN SERVICE TRAINING 47799 $45.00 RANDY KIVI SCHOOLS FIRE 47800 $2,200.97 RINK PROMOS/MAGIC GLO BEER 6/12 TEEN WORK PROGRAM 47801 $23.32 SCOTT J HANLON OPERATING SUPPLIES-GENERAL FIRE 47802 $1,799.97 SISINNI FOOD SERVICE MISCELLANEOUS IN SERVICE TRAINING 47805 $48.00 STEVE HANLON SCHOOLS FIRE 47806 $71.91 SUZANNE LANE USE OF PERSONAL AUTO ELECTION 47807 $2,779.01 US WEST COMMUNICATIONS TELEPHONE WATER UTILITY-GEN 47809 $167.74 BRUNSWICK BOWLING LANES SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 47810 $97.50 CIRCUS PIZZA SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 47811 $65.60 PETTY CASH PHOTO SUPPLIES FIRE 47812 $150.00 ROLLER GARDEN SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 47813 $182.13 SUBWAY SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 47815 $2,106.00 LEAGUE OF MINNESOTA CITIES DUES & SUBSCRIPTIONS COUNCIL 47816 $5,380.97 MINNESOTA STATE TREASURER BLDG SURCHARGES BLDG SURCHARGE 47817 $355.00 THE HITCHING COMPANY OTHER CONTRACTED SERVICES HERITAGE PRESERVATION 47818 $1,372.50 THE NATIVITY-HAUMC SPECIAL EVENTS FEES ADULT PROGRAM 47819 $1,774.43 US POSTMASTER POSTAGE WATER ACCTG 47821 $1,342.00 ALAN HANSON WAGES CONTRACTED FIRE 47822 $882.00 BRIAN MCGRAW WAGES CONTRACTED FIRE 47823 $1,414.00 CHARLES E SIEBERT WAGES CONTRACTED FIRE 47824 $744.00 CHARLES FERN WAGES CONTRACTED FIRE 47825 $3,550.00 CHARLES SCHAITBERGER WAGES CONTRACTED FIRE 47826 $1,130.00 CHRISTOPHER KORWES WAGES CONTRACTED FIRE 47827 $1,126.00 CHUCK GOBLE WAGES CONTRACTED FIRE 47828 $2,698.00 DEREK PETERSON WAGES CONTRACTED FIRE COUNCIL CHECK REGISTER TUE, NOV 26, 1996, 2:04 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 47829 $1,990.00 DONALD OVERBEY WAGES CONTRACTED FIRE 47830 $1,652.00 DOUG THIS WAGES CONTRACTED FIRE 47831 $996.00 DOUGLES ANDREWS WAGES CONTRACTED FIRE 47832 $1,060.00 DUANE HARRISON WAGES CONTRACTED FIRE 47833 $1,134.00 FRANK J WEBBER WAGES CONTRACTED FIRE 47834 $2,144.00 GARY MEYER WAGES CONTRACTED FIRE 47835 $930.00 GARY RADTKE WAGES CONTRACTED FIRE 47836 $1,200.00 GENE DAHLKE WAGES CONTRACTED FIRE 47837 $2,230.70 GEORGE ESBENSEN WAGES CONTRACTED FIRE 47838 $1,810.00 GEORGE OSWALD WAGES CONTRACTED FIRE 47839 $1,688.00 GERALD BOHN WAGES CONTRACTED FIRE 47840 $810.00 GREG GUNDERSON WAGES CONTRACTED FIRE 47841 $1,080.00 JAIMS GLENN JOHNSON WAGES CONTRACTED FIRE 47842 $1,596.00 JAMES MROZLA WAGES CONTRACTED FIRE 47843 $2,594.00 JAMES PELTIER WAGES CONTRACTED FIRE 47844 $924.00 JAY BOHLEN WAGES CONTRACTED FIRE 47845 $2,428.00 JAY 0 CONNELL WAGES CONTRACTED FIRE 47846 $1,702.00 JEFFREY RICHARDS WAGES CONTRACTED FIRE 47847 $1,028.00 JOHN BENIK WAGES CONTRACTED FIRE 47848 $2,418.00 JOHN HOBBS WAGES CONTRACTED FIRE 47849 $1,706.60 JOHN RIEGERT WAGES CONTRACTED FIRE 47850 $1,308.00 JOHN ROCHFORD WAGES CONTRACTED FIRE 47851 $1,116.00 JOHN SKRANKA WAGES CONTRACTED FIRE 47852 $774.00 JOSEPH R DOHENY WAGES CONTRACTED FIRE 47853 $1,392.00 KATHLEEN 0 CONNER WAGES CONTRACTED FIRE 47854 $972.00 KEITH OLSON WAGES CONTRACTED FIRE 47855 $1,638.00 KENNETH W KOCH WAGES CONTRACTED FIRE 47856 $728.00 KIP SPRINGER WAGES CONTRACTED FIRE 47857 $1,216.00 KURT W SCHENDEL WAGES CONTRACTED FIRE 47858 $1,496.00 LANCE BRACE WAGES CONTRACTED FIRE 47859 $1,952.00 LARRY DOIG WAGES CONTRACTED FIRE 47860 $1,218.00 LEE SCHNEIDER WAGES CONTRACTED FIRE 47861 $1,604.00 MARK MASTAIN WAGES CONTRACTED FIRE 47862 $1,042.00 MARK SNETTING WAGES CONTRACTED FIRE 47863 $2,398.00 MARK VANDENBERGHE WAGES CONTRACTED FIRE 47864 $1,336.00 MICHAEL LADEN WAGES CONTRACTED FIRE 47865 $1,746.00 MICHAEL PERSON WAGES CONTRACTED FIRE 47866 $1,566.00 MICHAEL POWERS WAGES CONTRACTED FIRE 47867 $1,427.26 MICHAEL ROGERS WAGES CONTRACTED FIRE 47868 $972.00 PATRICIA ENFIELD WAGES CONTRACTED FIRE 47869 $1,566.00 RANDY KIVI WAGES CONTRACTED FIRE 47870 $1,772.00 RAYMOND F CARLSON WAGES CONTRACTED FIRE 47871 $1,824.00 RICHARD DEATON WAGES CONTRACTED FIRE 47872 $2,164.00 RICK HAMMERSCHMIDT WAGES CONTRACTED FIRE 47873 $1,432.00 ROBERT HAUGEN WAGES CONTRACTED FIRE 47874 $834.00 ROBERT L GREENINGER WAGES CONTRACTED FIRE 47875 $894.00 RODGER SCHMIDTKE WAGES CONTRACTED FIRE 47876 $1,512.00 RODNEY UTING WAGES CONTRACTED FIRE 47877 $684.00 SCOTT G SUNDQUIST WAGES CONTRACTED FIRE 47878 $1,500.00 SCOTT HANLON WAGES CONTRACTED FIRE 47879 $1,242.00 SCOTT JOHNSON WAGES CONTRACTED FIRE 47880 $1,860.00 SCOTT SCHRAM WAGES CONTRACTED FIRE 47881 $1,762.00 SCOTT TAYLOR WAGES CONTRACTED FIRE 47882 $3,344.00 SPENCER L CONRAD WAGES CONTRACTED FIRE 47883 $936.00 STEVE KOERING WAGES CONTRACTED FIRE 6 COUNCIL CHECK REGISTER TUE, NOV 26, 1996, 2:04 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 47884 $2,738.00 STEVEN HANLON WAGES CONTRACTED FIRE 47885 $2,614.00 THOMAS MONTGOMERY WAGES CONTRACTED FIRE 47886 $1,564.00 THOMAS SCHMITZ WAGES CONTRACTED FIRE 47887 $1,504.00 THOMAS WILSON WAGES CONTRACTED FIRE 47888 $2,477.10 TIM SATHER WAGES CONTRACTED FIRE 47889 $2,190.00 TIMOTHY PELTIER WAGES CONTRACTED FIRE 47890 $1,618.00 TODD SKATRUD WAGES CONTRACTED FIRE 47891 $1,636.00 TONY LIDDELL WAGES CONTRACTED FIRE 47893 $174.94 A TO Z RENTAL CENTER EQUIPMENT RENTAL MILLER PARK 47894 $100.01 ADVANCED GRAPHIC SYSTEMS INC OFFICE SUPPLIES POLICE 47895 $259.00 AMERICAN ENGINEERING TESTING I PROFESSIONAL SERVICES WATER STORAGE-BAKER RD 47896 $105.25 AMERICAN WATER WORKS ASSOCIATI TRAINING SUPPLIES WATER SYSTEM MAINT 47897 $21.03 AQUA ENGINEERING INC OPERATING SUPPLIES-GENERAL STREET MAINT 47898 $32.63 ARBOURS GARDEN & FLORAL CENTER OPERATING SUPPLIES-GENERAL FIRE 47899 $191.70 ASPEN REACH EQUIPMENT COMPANY EQUIPMENT PARTS EQUIPMENT MAINT 47900 $67.24 ASTLEFORD EQUIPMENT COMPANY IN EQUIPMENT PARTS EQUIPMENT MAINT 47901 $8,298.51 B & F DISTRIBUTING MOTOR FUELS EQUIPMENT MAINT 47902 $29.23 B & S TOOLS SMALL TOOLS EQUIPMENT MAINT 47903 $282.75 BAUER BUILT TIRE AND BATTERY CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 47904 $216.24 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES ICE ARENA 47905 $1,076.41 BELLBOY CORPORATION MISC TAXABLE PRESERVE LIQUOR #2 47907 $5,291.74 BENSHOOF & ASSOCIATES INC DESIGN & CONST E.P. TRANSPORTATION PLAN 47908 $285.00 BFI TIRE RECYCLERS OF MN INC WASTE DISPOSAL EQUIPMENT MAINT 47909 $254.38 BIFFS INC WASTE DISPOSAL PARK MAINT 47911 $40.00 BILL DROEGER OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 47912 $116.12 BLOOMINGTON LOCK AND SAFE CONTRACTED BLDG REPAIRS POLICE-CITY CENTER 47913 $126.21 BORDER STATES ELECTRIC SUPPLY REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 47914 $273.00 BRENDA JERDE OTHER CONTRACTED SERVICES OUTDOOR CTR PROGRAM 47915 $855.00 BSN SPORTS REC EQUIP & SUPPLIES SUMMER SKILL DEVELOP 47916 $256.88 BTO DEVELOPMENT CORP POSTAGE GENERAL 47917 $166.86 BURTON EQUIPMENT INC REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS 47918 $385.60 BUSINESS & LEGAL REPORTS INC DUES & SUBSCRIPTIONS SEWER DEPT 47919 $788.23 CAPITOL COMMUNICATIONS CONTRACTED REPAIR & MAINT POLICE 47920 $3,251.36 CARGILL SALT SALT SNOW & ICE CONTROL 47921 $107.24 CARGO PROTECTORS INC EQUIPMENT PARTS WATER SYSTEM MAINT 47922 $4,004.36 CENTRAIRE INC OTHER CONTRACTED SERVICES PRESERVE LIQUOR #2 47924 $404.86 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINT 47925 $69.23 CHUCKS BAGS FIRE PREVENTION SUPPLIES FIRE 47926 $519.00 CITY OF CHASKA SPECIAL EVENTS FEES SUMMER SKILL DEVELOP 47927 $315.00 CITY OF EDINA CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE 47928 $115.00 CLEAN SWEEP INC OTHER CONTRACTED SERVICES DUCK LAKE ACCESS 47929 $63.40 CO 2 SERVICES CHEMICALS POOL MAINTENANCE 47930 $301.22 CONNEY SAFETY PRODUCTS CLEANING SUPPLIES WATER TREATMENT PLANT 47931 $432.04 COOPERATIVE POWER ASSOC FIRE PREVENTION SUPPLIES FIRE 47932 $56.26 COPY EQUIPMENT INC OFFICE SUPPLIES ENGINEERING DEPT 47933 $235.34 CORNERSTONE/EQUITIES POSTAGE GENERAL 47934 $150.00 COTY CONTRUCTION CONTRACTED BLDG REPAIRS WATER SYSTEM MAINT 47935 $94.53 CUSTOM HEADSETS INC POLICE EQUIPMENT POLICE 47936 $3,212.26 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 47937 $163.00 D C HEY COMPANY OFFICE EQUIP MAINT SEWER UTILITY-GEN 47938 $623.48 DALCO CLEANING SUPPLIES EPCC MAINTENANCE 47939 $1,072.60 DANKO EMERGENCY EQUIPMENT CO PROTECTIVE CLOTHING FIRE 47940 $240.31 DELEGARD TOOL CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 47941 $367.32 DESIGN I OF EDINA LTD POSTAGE GENERAL 47942 $263.00 DOOLITTLES POSTAGE GENERAL 7 COUNCIL CHECK REGISTER TUE, NOV 26, 1996, 2:04 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 47943 $2,343.00 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT 47944 $433.07 DYNA SYSTEMS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 47945 $265.00 DYNEX INDUSTRIES INC CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 47946 $603.92 EARL F ANDERSON SIGNS TRAFFIC SIGNALING 47947 $32.00 EDEN PRAIRIE CHAMBER OF COMMER MEETING EXPENSES IN SERVICE TRAINING 47948 $740.00 EDEN PRAIRIE SCHOOL DISTRICT N GYM RENTAL FALL SKILL DEVELOP 47949 $76.25 EDINA S W PLUMBING CONTRACTED REPAIR & MAINT FIRE 47950 $555.00 EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL TREE REMOVAL 47951 $174.24 ELVIN SAFETY SUPPLY INC REPAIR & MAINT SUPPLIES ICE ARENA 47952 $792.85 ERIC SIT OTHER CONTRACTED SERVICES FALL SKILL DEVELOP 47953 $304.73 FERRELLGAS MOTOR FUELS ICE ARENA 47954 $536.98 FISCHER AGGREGATES INC SAND SNOW & ICE CONTROL 47955 $706.11 FISHER SCIENTIFIC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 47956 $72.25 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES POLICE 47957 $810.00 FOCUSED TRAINING SYSTEMS INC PROFESSIONAL SERVICES WATER TREATMENT PLANT 47958 $200.21 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS EPCC MAINTENANCE 47959 $45.00 GALAXY COMPUTER SERVICES CONTRACTED REPAIR & MAINT INFORMATION SYSTEM 47960 $325.00 GARY DIETHELM OTHER CONTRACTED SERVICES CEMETARY OPERATION 47961 $69.23 GENERAL MACHINING INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 47962 • $961.22 GENERAL OFFICE PRODUCTS COMPAN OFFICE EQUIPMENT WATER TREATMENT PLANT 47963 $3,965.95 GENUINE PARTS COMPANY EQUIPMENT PARTS EQUIPMENT MAINT 47964 $77.00 GEORGE ESBENSEN OPERATING SUPPLIES-GENERAL FIRE 47965 $71.68 GINA MARIAS INC DEPOSITS ESCROW 47966 $366.56 GLASS SERVICE COMPANY INC CONTRACTED BLDG REPAIRS HOMEWARD HILLS PARK 47967 $172.72 GLENROSE FLORAL AND GIFT SHOPS EMPLOYEE AWARD HUMAN RESOURCES 47968 $1,034.55 GOODYEAR COMMERCIAL TIRE & SER EQUIPMENT PARTS EQUIPMENT MAINT 47969 $138.25 GOPHER STATE ONE-CALL INC OTHER CONTRACTED SERVICES WATER SYSTEM MAINT 47970 $50.00 GOVT FINANCE OFFICERS ASSOC TRAINING SUPPLIES FINANCE DEPT 47971 $18.50 HACH COMPANY OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 47972 $1,537.50 HANSEN THORP PELLINEN OLSON DESIGN & CONST STARING LK PLSTUCT K20 47973 $605.77 HARMON AUTOGLASS CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 47974 $78.50 HARMON FULL SERVICE GROUP REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 47975 $375.74 HDMG CORPORATION POSTAGE GENERAL 47976 $79.88 HDS SPECIALTY VEHICLES TRANSPORTATION ACCESSIBILITY 47977 $622.83 HENNEPIN COUNTY SHERIFF CONTRACTED REPAIR & MAINT POLICE 47978 $292.50 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 47979 $322.57 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINT 47980 $899.52 HENNEPIN COUNTY POSTAGE GENERAL 47981 $150.00 HENNEPIN TECHNICAL COLLEGE TRAINING SUPPLIES WATER TREATMENT PLANT 47982 $1,998.00 HONEYWELL INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 47983 $183.82 HOSP. SUPPLY SCIENTIFIC PROD OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 47984 $23,275.00 HUNERBERG CONSTRUCTION COMPANY BUILDING CUB FOOD STORE CONSTRUCTION 47985 $475.00 ICE SKATING INSTITUTE OF AMERI OPERATING SUPPLIES-GENERAL ICE ARENA 47986 $425.69 J J KELLER & ASSOCIATES INC TRAINING SUPPLIES WATER UTILITY-GEN 47987 $380.00 J W PEPPER OF MINNEAPOLIS OPERATING SUPPLIES-GENERAL ART & MUSIC 47988 $601.36 JANEX INC CLEANING SUPPLIES EPCC MAINTENANCE 47989 $136.00 JENNIFER BROWN OTHER CONTRACTED SERVICES BASKETBALL 47990 $322.90 JIM HATCH SALES CO EQUIPMENT PARTS EQUIPMENT MAINT 47991 $807.51 JOEL WESTACOTT OTHER CONTRACTED SERVICES SPECIAL EVENTS 47992 $373.66 KEN ANDERSON TRUCKING PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT 47993 $1,500.00 KENNETH COMPANIES INC OTHER CONTRACTED SERVICES PARK MAINT 47994 $745.00 KEVIN TIMM OTHER CONTRACTED SERVICES SOFTBALL 47995 $236.74 KINDERCARE LEARNING CTRS INC POSTAGE GENERAL 47996 $23,562.34 KODET ARCHITECTURAL GRP LTD DESIGN & CONST PW STORAGE FACILITY 47997 $16.61 KRAEMERS HARDWARE INC SMALL TOOLS OUTDOOR CTR PROGRAM 7 COUNCIL CHECK REGISTER TUE, NOV 26, 1996, 2:04 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 47998 $461.57 LAB SAFETY SUPPLY INC TRAINING SUPPLIES SAFETY 47999 $80.00 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS PUBLIC WORKS/PARKS 48000 $1,899.64 LAKE REGION VENDING TOBACCO PRODUCTS PRESERVE LIQUOR #2 48001 $148.45 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS EQUIPMENT MAINT 48002 $108.00 LARAE SCHWINEFUS OTHER CONTRACTED SERVICES VOLLEYBALL 48003 $40.00 LEAGUE OF MINNESOTA CITIES DUES & SUBSCRIPTIONS WATER UTILITY-GEN 48004 $486.00 LEE RAY OTHER CONTRACTED SERVICES BASKETBALL 48005 $98.00 LEHMANN FARMS MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 48006 $135.00 LOIS NEREIM WILDER INSTRUCTOR SERVICE SENIOR CENTER PROGRAM 48007 $117.00 M LEE SMITH PUBLISHERS LLC DUES & SUBSCRIPTIONS STORM DRAINAGE 48008 $1,224.00 MARTIN-MCALLISTER PHYSICAL & PSYCO EXAM HUMAN RESOURCES 48009 $1,429.70 MASYS CORPORATION CONTRACTED COMM MAINT POLICE 48010 $190.59 MAXI-PRINT INC PRINTING POLICE 48011 $184.00 MEDTOX PROFESSIONAL SERVICES BENEFITS 48012 $252.96 MEPC AMERICAN PROPERTIES INC POSTAGE GENERAL 48013 $68.11 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 48014 $93.72 METRO RESOURCES UNLIMITED OPERATING SUPPLIES-GENERAL PARK MAINT 48015 $1,607.30 MICHAEL J WILKUS ARCHITECTS IN DESIGN & CONST CUB FOOD STORE CONSTRUCTION 48016 $768.88 MIDWEST ASPHALT CORPORATION PATCHING ASPHALT STREET MAINT 48017 $180.00 MIDWEST COCA COLA BOTTLING COM MERCHANDISE FOR RESALE CONCESSIONS 48018 $44.46 MINNCOMM PAGING COMMUNICATIONS WATER UTILITY-GEN 48019 $612.56 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL 48020 $178.39 MINNESOTA CONWAY CONTRACTED REPAIR & MAINT FIRE 48021 $150.30 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADVERTISING HUMAN RESOURCES 48022 $301.47 MINNESOTA UC FUND UNEMPLOYMENT COMP BENEFITS 48023 $30.00 MN ASSOC OF COMMUNITY THEATRES OPERATING SUPPLIES-GENERAL SUMMER THEATRE 48024 $185.00 MN RURAL WATER ASSN DUES & SUBSCRIPTIONS WATER UTILITY-GEN 48025 $79.87 MN TROPHIES & GIFTS POLICE EQUIPMENT POLICE 48026 $8,207.50 MN VALLEY LANDSCAPE INC IMPROVEMENT CONTRACTS DELL ROAD 48027 $433.25 MOORE MEDICAL CORP SAFETY SUPPLIES FIRE 48028 $468.00 NATHAN D BUCK OTHER CONTRACTED SERVICES VOLLEYBALL 48029 $778.47 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 48030 $871.77 NEBCO EVANS DISTRIBUTING MERCHANDISE FOR RESALE CONCESSIONS 48031 $177.50 NEW MECH COMPANIES INC CONTRACTED EQUIP REPAIR WATER WELL #12 48032 $81.50 OLSON CHAIN & CABLE CO INC REPAIR & MAINT SUPPLIES SEWER SYSTEM MAINT 48033 $65.00 PARK AUTO UPHOLSTERY CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 48034 $666.87 PARKSIDE PRINTING INC PRINTING SENIOR CENTER PROGRAM 48035 $732.23 PENNWELL PUBLISHING CO OPERATING SUPPLIES-GENERAL FIRE 48036 $349.00 POWERTEX SPORTSWEAR INC AWARDS VOLLEYBALL 48037 $475.46 PRAIRIE CYCLE & SKI OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 48038 $111.90 PRAIRIE ELECTRIC COMPANY REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 48039 $29.31 PRAIRIE LAWN AND GARDEN REPAIR & MAINT SUPPLIES PARK MAINT 48040 $445.50 PRAXAIR INC CHEMICALS WATER TREATMENT PLANT 48041 $366.69 PRECISION TURF & CHEMICAL INC BUILDING MATERIALS RICE MARSH LAKE PARK 48042 $105.00 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES ICE ARENA 48043 $157.50 QUALITY FLOW SYSTEMS INC CONTRACTED REPAIR & MAINT SEWER LIFTSTATION 48044 $294.24 R AND R SPECIALITIES INC REPAIR & MAINT SUPPLIES ICE ARENA 48045 $24.95 REFEREE REC EQUIP & SUPPLIES BROOMBALL 48046 $100.68 RESEARCH INC POSTAGE GENERAL 48047 $56.14 RESIDENTIAL DEVELOPMENT INC POSTAGE GENERAL 48048 $331.43 RESPOND SYSTEMS SA ON LAND EQUIPMENT MAINT 48049 $284.20 RH DEVELOPMENT INC POSTAGE GENERAL 48050 $626.86 RICOH CORPORATION CONTRACTED REPAIR & MAINT GENERAL 48051 $1,692.65 RIEKE CARROLL MULLER ASSOCIATE PROFESSIONAL SERVICES 2MG ELEVATED TANK 48052 $108.53 RIGID HITCH INCORPORATED EQUIPMENT PARTS EQUIPMENT MAINT 9 COUNCIL CHECK REGISTER TUE, NOV 26, 1996, 2:04 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 48053 $23.32 RITZ CAMERA PHOTO SUPPLIES ENGINEERING DEPT 48054 $343.70 ROGERS SERVICE CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 48055 $26.00 RUTH TOURVILLE INSTRUCTOR SERVICE SENIOR CENTER PROGRAM 48056 $279.56 RYAN COMPANIES US INC POSTAGE GENERAL 48057 $823.02 RYAN COMPANIES US, INC POSTAGE GENERAL 48058 $173.30 S H BARTLETT CO INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 48059 $77.45 S&B MFG CO INC REPAIR & MAINT SUPPLIES ICE ARENA 48060 $280.00 SANDY WORM OPERATING SUPPLIES-GENERAL STARING LAKE 48061 $125.00 SENSIBLE LAND USE COALITION DUES & SUBSCRIPTIONS IN SERVICE TRAINING 48062 $665.70 SHIELY COMPANY GRAVEL STREET MAINT 48063 $80.82 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINT 48064 $384.50 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 48065 $17.04 SNYDER DRUG MISC FIRE EQUIPMENT SENIOR CENTER PROGRAM 48066 $181.64 SOUTHWEST CONTRACTORS SUPPLY OPERATING SUPPLIES-GENERAL STREET LIGHTING 48067 $297.75 SOUTHWEST SUBURBAN PUBLISHING EMPLOYMENT ADVERTISING HUMAN RESOURCES 48068 $22.05 SPS COMPANIES BLDG REPAIR & MAINT PARK MAINT 48069 $17,138.07 SRF CONSULTING GROUP INC PROFESSIONAL SERVICES SCENIC HEIGHTS ROAD 48070 $2,535.47 ST PAUL BOOK & STATIONERY OFFICE SUPPLIES GENERAL 48073 $169.15 STANDARD REGISTER OFFICE SUPPLIES FINANCE DEPT 48074 $265.80 STEPHAN KROISS POSTAGE GENERAL 48075 $20.00 STRATEGIC MORTGAGE SERVICES PROFESSIONAL SERVICES POLICE 48076 $3,244.27 STS CONSULTANTS LTD IMPROVEMENT CONTRACTS SCENIC HEIGHTS ROAD 48077 $32.78 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINT 48078 $450.00 SUPERIOR STRIPING INC CONTRACTED BLDG MAINT FIRE STATION #1 48079 $400.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CTR-STARING LAKE 48080 $173.15 TAB PRODUCTS CO OFFICE SUPPLIES POLICE 48081 $360.20 THE ROTTLUND COMPANY POSTAGE GENERAL 48082 $572.58 THE WATSON CO INC MERCHANDISE FOR RESALE CONCESSIONS 48083 $1,240.96 THE WORK CONNECTION OTHER CONTRACTED SERVICES PARK MAINT 48084 $271.00 THOMPSON PUBLISHING GROUP INC DUES & SUBSCRIPTIONS WATER DEPT 48085 $425.00 TIM GLOMSKI OTHER CONTRACTED SERVICES ADULT HOCKEY 48086 $505.34 TIRES PLUS GROUPE LTD POSTAGE GENERAL 48087 $108.00 TWEIT WICKMANN OTHER CONTRACTED SERVICES VOLLEYBALL 48088 $224.82 TWIN CITY GARAGE DOOR CO CONTRACTED BLDG REPAIRS MARKETCENTER RESERVOIR 48089 $207.09 TWIN CITY OXYGEN CO EQUIPMENT PARTS EQUIPMENT MAINT 48090 $115.13 U OF MN SMALL ANIMAL HOSPITAL CANINE SUPPLIES POLICE 48091 $60.00 U OF MN-OFFICE OF THE BURSAR OPERATING SUPPLIES-GENERAL MILLER PARK 48092 $522.35 UNIFORMS UNILIMITED CLOTHING & UNIFORMS FIRE 48093 $731.50 UNITED HEALTHCARE SERVICES INC EMPLOYEE ASSISTANCE BENEFITS 48094 $136.79 UNITED LABORATORIES CLEANING SUPPLIES SEWER UTILITY-GEN 48095 $227.86 UNLIMITED SUPPLIES INC SMALL TOOLS EQUIPMENT MAINT 48096 $301.56 US FILTER/WATERPRO REPAIR & MAINT SUPPLIES SEWER SYSTEM MAINT 48097 $155.46 US HOME CORPORATION POSTAGE GENERAL 48098 $170.00 US POSTMASTER PREPAID EXPENSES FD 10 ORG 48099 $930.00 VAN WATERS & ROGERS INC CHEMICALS WATER TREATMENT PLANT 48100 $2,500.00 VANBERGEN CONTRACTED EQUIP REPAIR MARKETCENTER RESERVOIR 48101 $180.81 VAUGHN DISPLAY & FLAG BUILDING MATERIALS WATER TREATMENT PLANT 48102 $90.36 VESSCO INC EQUIPMENT PARTS WATER TREATMENT PLANT 48103 $48.00 VICTOR ALBRECHT INSTRUCTOR SERVICE SENIOR CENTER PROGRAM 48104 $87.24 W W GRAINGER INC EQUIPMENT PARTS EQUIPMENT MAINT 48105 $60.16 WALMART STORES INC POLICE EQUIPMENT POLICE 48106 $756.88 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 48107 $876.13 WATERPRO SUPPLIES CORPORATION EQUIPMENT PARTS WATER SYSTEM MAINT 48108 $150.00 WEATHER WATCH INC OTHER CONTRACTED SERVICES SNOW & ICE CONTROL 48109 $625.00 WEST SUBURBAN COLUMBUS CREDIT PROFESSIONAL SERVICES COMMUNITY SERVICES Jo COUNCIL CHECK REGISTER TUE, NOV 26, 1996, 2:04 PM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 48110 $1,167.95 WILCOX & WILLIAMS OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM 48111 $45.97 WORDPERFECT MAGAZINE DUES & SUBSCRIPTIONS WATER UTILITY-GEN $1,014,238.22* rI AGENDA JOINT CITY COUNCIL/BOARD OF ADJUSTMENT AND APPEALS TUESDAY,DECEMBER 3, 1996 6:30 PM, CITY CENTER HERITAGE ROOM IV 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens BOARD OF ADJUSTMENTS & APPEALS: Cliff Dunham,Delavan Dye, Louis Giglio, Matthew Hansen, Corrine Lynch, Kathy Nelson,William Ford CITY STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Zoning Administrator Steve Durham, Council Recorder Barbara Anderson I. INTRODUCTIONS • II. PRESENTATION/STATUS OF WORK PLAN A. Number of BOA Review 1990-1996 B. Code Amendments 1. Planned Unit Development Acreage Requirement 2. Shoreland Amendments 3. Average Front Yard Setback III. IDENTIFICATION OF ISSUES REQUIRING CITY COUNCIL INPUT A. Streamline of review process/customer service B. Cellular Tower C. Residential lot size IV. CITY COUNCIL FEEDBACK AND DIRECTION V. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TRUTH-IN-TAXATION HEARING WEDNESDAY,DECEMBER 4, 1996 7:30 PM,CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case,Ross Thorfinnson,Jr. and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Assistant Finance Director Don Uram,Director of Parks,Recreation Sr Facilities Bob Lambert,Director of Public Works Gene Dietz,Finance Director John Frane,City Assessor Steve Sinell,Director of Inspections Kevin Schmieg,Director of Human Resources& Community Services Natalie Swaggert, Police Chief Jim Clark, and Fire Chief Spencer Conrad,Lead Accountant Sue Kotchevar, and Council Recorder Barbara Anderson PLEDGE OF ALLEGIANCE ROLL CALL I. CALL TO ORDER II. PUBLIC HEARING A. OVERVIEW OF 1997 PROPOSED BUDGET AND TAX LEVY B. PUBLIC COMMENT AND DISCUSSION III. CLOSE OR CONTINUE PUBLIC HEARING IV. ADJOURNMENT EDEN PRAIRIE CITY COUNCIL MEETING DATE: 12-4-96 SECTION: 1997 Truth-in-Taxation Hearing ITEM NO. II.A DEPARTMENT: ITEM DESCRIPTION: Administration - C. Jullie Overview of 1997 Proposed Budget and Tax Levy Requested Action: It is recommended that the City Council: 1. Close the Truth-in-Taxation Hearing, or continue; 2. Make a motion to consider a resolution adopting the 1997 tax levy and to approve the 1997 budget for general fund operations, equipment revolving fund expenses, and debt service obligations at its December 17, 1996 meeting. Background On September 3, 1996, the City Council discussed the proposed 1997 budget. At that time, the Council made a motion adopting a resolution certifying the proposed 1997 net property tax levy to be $16,681,884, and accepting the proposed 1997 budget of$23,543,181. Staff has further refined the proposed 1997 budget to reflect current financial conditions. The result has been an increase in the proposed budget from $23,543,181 to $23,595,396. This is an increase of $52,215 or less than 0.2%. The increase in expenditures is due primarily to budget adjustments for utility costs and MIS equipment needs. Attached Documents: 1. 1997 Proposed Budget 2. 1997 Proposed Budget Detail 3. 1997 Proposed Southwest Metro Transit Budget k. I,