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HomeMy WebLinkAboutCity Council - 01/17/1995AGENDA EDEN PRAIRIE CITY COUNCIL TUFSDAY, JANUARY 17, 1995 COUNCllMEMBERS: CITY COUNCIL STAFF: PLEDGE OF AlLEGIANCE ROLLCALL 7:30 PM, CITY CENTER. Coundl Chamber 8080 MitdleD Road Mayor Jean BaITis, Ronald Case, H. Martin J~, Patricia Pidcock, and Nancy Tyra-Lukem. City Manager Carl J. JuDie, Asskbnt City Manager CIarB EDger, Director of Parks, Recreation &: Natural Re5OUI'US Bob Lambert, Director of Pub6c Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder I. APPROVAL OF AGENDA AND QtHER ITEMS OF BUSINESS n. OPEN PODIUM m.MINUTES A. JOINT CITY COUNCIUFLYING (WUD AIRPORT ADVISORY COMMISSION MEETING BEI.n TUFSDAY. DECEMBER 20. 1994 B. CITY COUNCIL MKln'ING HElD TUFSDAY. JANUARY 3. 1995 C. CITY COUNCIL WORKSHOP BEln TUFSDAY. JANUARY 10. 1995 IV. CONSENT CALENDAR A. CLERK'S UCENSE I.IST B. APPROVE CHANGE ORDER NO.2 FOR PIONEER PARK C. BFSQLUTlON APPROVING FINAL PLAT FOR LAKE EDENYJEW TQWNHOMES Opted between Franlo Road and Medcom Boulevard) D. RESOLUTION APPROVING FINAL PLAT FOR SUMMERFIELD 3RD ADDmON Oocated at the Northeast Quadrant of DeB Road and m 5) City Council Agenda Tuesday, January 17, 1995 Page Two E. RESOLUTION DESIGNATING SMTC TRANSIT HUB PROJECT AS MUNICIPAL STATE AID PROJECT FOR THE PURPOSES OF INTERIM FINANCING V. PUBUC BEARlNGS/MEETINGS A. HARTFORD PLACE RETAIL AMENDMENT by Ryan Companies. Request for PUD Concept Amendment on 22.3 acres, PUD District Review on 22.3 acres, Zoning District Amendment in the Commercial Regional Service District on 22.3 acres, Preliminary Plat ~f 22.3 acres into 4 lots and Site Plan Review on 22.3 acres. Location: Prairie Center Drive and Prairie Lakes Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD D&rict Review and Zoning District Amendment and Resolution for Preliminary Plat) B. CBAI.lfENGE PRINTING by Challenge Printing. Request for Zoning District Change from Rural to 1-2 on 2 acres, Zoning District Amendment within 1-2 District on 4.52 acres, Site Plan Review on 6.52 acres, and Preliminary Plat of 6.52 acres into 1 lot. Location: 7540 Golden Triangle Drive. (Ordinance for Zoning District Change and Zoning District Amendment and Resolution for Preliminary Plat) C. METRO PRINTING by Metro Printing, Inc. Request for PUD District Amendment on 20.15 acres, PUD District Review on 7.675 acres, Comprehensive Guide Plan Change from Office to Industrial on 7.675 acres, Zoning District Change from Community Commercial to 1-2 on 7.675 acres and Preliminary Plat of 20.15 acres into 2 lots. Location: Equitable Drive and Valley View Road. (Ordinance for PUD District Amendment, POD DRrict Review and Zoning District Change, Resolution for Comprehensive Guide Plan Change, and Resolution for Preliminary Plat) D. BROICH ADDmON by Robert and Jean Broich. Request for Preliminary Plat of 3.21 acres into 2 lots. Location: 9041 Sunrise Circle. (Resolution for Preliminary Plat) E. CEDAR HU.I..'? REGISTERED LAND SURVEY by Lynn L. Charlson. Request for Preliminary Plat of 196.27 acres into 4 tracts. Location: Spring Road. (Resolution for Preliminary Plat) F. ADVERTISING SIGN ZONE REMOVAL Ordinance amending Sec. 11.70 and repealing Sec. 11.71. VI. PAYMENT OF CLAIMS VB. ORDINANCES AND JmiOLUTIONS VIII. PEtI110NS. REQUESTS AND COMMUNICATIONS A. PRESENTATION BY CHAMBER OF COMMERCE REGARDING RESOLUTION SUPPORTING PROPERTY TAX REFORMS City Council Agenda Tuesday, January 17, 1995 Page Three IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMl'ITKIqii A. REPORT OF TOBACCO ORDINANCE TASK FORCE x. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Replacement ~ for varant CooncU seat (tenD to egire 12/31/96) B. REPORT OF CITY MANAGER 1. 1995 Prqposed Utilities Bud&ets 2. Disamion of Utility Rate Adjustment C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESQURCFS ,. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. MIDWEST ASPHALT, preliminary review of development and land alteration plans. F. REPORT OF CITY ATTORNEY xu. OTHER BUSINESS xm. ADJOURNMENT APPROVED MINUTES JOINT CITY COUNCIL AND FLYING CWUD AIRPORT ADVISORY COMMISSION December 20, 1994 CITY COUNCIL PRESENT: COMMISSIONERS PRESENT: CITY STAFF PRESENT: Mayor Douglas Tenpas, Dr. Jean Harris, Marty Jessen, Patricia Pidcock, Nancy Tyra-Lukens Chairman William Turkula, Tim Ashenfelter, Kent Barker, Rob Kilpatrick, Gary Schmidt Carl J. Jullie, City Manager Scott A. Kipp, Planner The meeting was called to order by Mayor Tenpas at 6: 15 p.m. The agenda was unanimously approved. Commissioner Turkula made an introductory statement regarding the make-up of the Advisory Commission, its specific role, and its diverse members. He indicated that the Advisory Commission wanted to present the latest report of the Noise Monitoring Summary for Flying Cloud Airport. Commissioners Barker and Kilpatrick explained the background of the Noise Monitoring Summary. They stated that the report was the third consecutive summary of the noise monitoring conducted around the airport. In 1990, MAC agreed to provide noise monitoring data to the City Council on a yearly basis, conducted during the summer months. The commissioners explained the methodology used to conduct the monitoring, including a new section regarding air traffic observations. They explained that the noise monitoring provides a good basis to understand how much noise is being generated from Flying Cloud, and by what type of aircraft. Now with the traffic observations, the Advisory Commission can begin to evaluate the effectiveness of the Flying Cloud Noise Abatement Program by directly monitoring the direction in which the aircraft are arriving and departing the airport. The goal of the abatement program is to encourage air traffic to remain on the south side airport traffic pattern, which overlies the Minnesota River. Barker and Kilpatrick stated that the traffic flow suggests the training aircraft remaining in the airport traffic pattern are equally divided between the north and south parallel east/west runways, and that continued education of the abatement procedures at the local flight schools will help to encourage the southerly shift. The corporate traffic leaving the airport area however, predominately is utilizing a south departure heading, consistent with the abatement program. 1 Minutes Joint Meeting City Council & Flying Cloud Airport Advisory Commission December 20, 1994 Other highlights of the Monitoring Summary were: State noise standards were exceeded during 4 hours of the 183 hours of monitoring. Majority of the noise was generated by single engine aircraft. During the monitoring hours, over 613 jet overflights occurred from Minneapolis International Airport ranging from 52 dBA to 81 dBA. John Foggia of the Metropolitan Airports Commission was next to present the Noise Abatement Program update. He indicated the involvement by MAC to educate the local pilots through visits at the Flying Cloud Airport businesses and from the annual pilot! controller forum. He also described the rules of the noise abatement program and showed the Council the desired flight pattern the abatement program encourages. Commissioner Ashenfelter addressed the Council regarding the benefits of the noise abatement program. He related a personal perspective, as a business representative, toward the newer technology in corporate aircraft design to limit noise as a benefit of an extended runway. Turkula summed up the presentation by complementing the cooperative attitudes of the Advisory Commission to help solve particular issues at the airport. He also thanked the City Staff liaison for his detailed involvement and dedication to each Advisory Commission task. The Council complemented the Advisory Commission on the informative presentation. Harris stated that the meeting was very beneficial to her for a better understanding of the process and goals of the Noise Abatement Program, including the dedicated involvement to implement it. Jessen indicated that the aircraft noise near his property was noticeably less during the last year and feels that a number of factors could have played a part, including the Noise Abatement Program. The Council encouraged the Advisory Commission to keep up the quality work. The Joint meeting was adjourned at 7:10 p.m. Respectfully Submitted, Scott Kipp, Recording Secretary BARB/SCOlT/AIRPORT/MINI220 2 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 3, 1995 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Ronald Case, H. Martin Jessen, Patricia Pidcock, and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson Mayor Harris called the meeting to order at 7:35 p.m. All members were present. SWEARING IN CEREMONIES FOR MAYOR JEAN HARRIS, COUNCILMEMBER RONALD CASE, AND COUNCILMEMBER NANCY TYRA-LUKENS City Attorney Roger Pauly administered the oath of office to Mayor Jean Harris, Councilmember Ronald Case, and Council member Nancy Tyra-Lukens. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XII. A. 1. Process to Fill Upcoming Vacancy on Council. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the agenda as submitted and amended. Motion carried unanimously. II. OPEN PODIUM ID. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 20,1994 Tyra-Lukens said the last sentence of Item V. A. on Page 3 should be changed to read "because the sight line profile was deemed satisfactory. It CITY COUNCIL MINUTES 2 January 3, 1995 Councilmembers agreed that the motion in Item XI. E. 2. should be changed to the following: "MOTION: Harris moved, seconded by Pidcock, tp adopt Resolution No. 94-212 Awarding the contract for I.e. 95-5375, with the condition that the percent of purchases made ftom Midwest Asphalt be contingent upon submittal, approval and compliance with the plan that is being developed. " MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the December 20, 1994 Council meeting as submitted and amended. Motion carried with Case abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SET THURSDAY. FEBRUARY 16, 1995. 6:00 PM. CITY COUNCIL CHAMBER, TO INTERVIEW CANDIDATES FOR BOARDS. COMMISSIONS. AND COMMITTEES C. RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES D. RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER E. RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS F. RESOLUTION DESIGNATING DEPOSITORIES G. RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS H. RESOLUTION AUTHORIZING THE TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS I. RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL J. RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE CITY COUNCIL MINUTES 3 January 3, 1995 K. RESOLUTION APPOINTING COMMISSIONERS TO mE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Pidcock moved, seconded by Case, to approve items A-K on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGSIMEETINGS VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Jessen, Pidcock, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES x. APPOINTMENTS A. RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 1995 AND APPOINTING AN ACTING MAYOR Jullie noted that the workshop scheduled for next Tuesday, January 10, 1995 will begin at 7:00 p.m., not 7:30 p.m. Councilmembers expressed concern that the term "Acting Mayor" may not accurately describe the position and may be misleading. The legal department will check into alternatives. MOTION: Tyra-Lukens moved, seconded by Jessen, to nominate Councilmember Pidcock to be Acting Mayor. Motion carr;ed unanimously. MOTION: Jessen moved, seconded by Case, to adopt Resolution __ designating the official meeting dates, time and place for the City of Eden Prairie Council in 1995 and to appoint Councilmember Pidcock t() be the Acting Mayor in the absence of the Mayor. Motion carried unanimously. B. RESOLUTION DESIGNATING THE DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 1995 MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution _ appointing Mayor Harris to be Director and City Manager Jullie to be Alternate CITY COUNCIL MINUTES 4 Director of the Suburban Rate Authority for 1995. unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Process to Fill Upcoming Vacancy on Council January 3, 1995 Motion carried Case said he would like to make sure that this item is put on a future agenda so that the Council can address the issue and develop the process. Jessen affirmed that his resignation is effective February 1, 1995. Councilmembers expressed concern about the requirements regarding the timing of filling the vacancy. Pauly said there is nothing in the statutes that states how rapidly it must be filled; however~ it must be done within a reasonable time. He said he will provide copies of the requirements for the process to Councilmembers. The consensus was to put this item on the next Council agenda for discussion and deliberation. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Acquisition of Peter George Property -Riley Creek Woods Lambert said the price for the Peter George property exceeds both the appraisal price and our budget for the purchase; however, he said the Parks, Recreation & Natural Resources Commission and Staff have recommended that we purchase the property at a price not to exceed $600,000. Councilmembers were concerned about taking funds out of cash park fees to purchase the property, about whether the referendum was for the purchase of a certain of number of acres or for a s~cific dollar amount to be spent, and if this purchase will compromise our ability to acquire park land in the southwest portion of the City. Lambert said we have sufficient funds to purchase land for the one additional park that is needed in southwestern Eden Prairie; however, the purchase of this property will affect the timing for development of parks in the southwest area as well as the timing of any second phase development of Miller Park and the renovation of existing parks. He noted that this property is critical to how we preserve Riley Creek Woods CITY COUNCIL MINUTES 5 January 3, 1995 because anything less than 40 acres is not preserving a "Big Woods" packet. The consensus of the Council was that it is more important to acquire the land while it is still available even though the price of this parcel is higher than expected. MOTION: Pidcock moved, seconded by Case, to authorize a purchase agreement with Peter George to acquire the northern twenty acres of the Riley Creek Woods at a price not to exceed $600,000. Motion carried unanimously. 2. Phillip Hill Property Lambert noted that this property has been in cond~mnation proceedings. Pauly said the Council has been advised of the terms of the arbitration, and any discussion of the arbitration judgment would have to be done in a closed session of the Council. MOTION: Pidcock moved, seconded by Tyra-Lukens, to accept the advice of counsel and not appeal the arbitration judgment. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY Xll. OTHER BUSINESS XIll. ADJOURNMENT MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris closed the meeting at 8:10 p.m. CITY OF EDEN PRAIRIE MINUTES CITY COUNCIL WORKSHOP on WATER SYSTEM EXPANSION 7:00 PM TUESDAY, JANUARY 10,1995 CITY CENTER, TRAINING ROOM 8080 Mitchell Road City Council Present: City Council Staff Present: Consultant Staff Present: A. Introductions Mayor Jean Harris; Councilmembers Ron Case, H. Martin Jessen (arr. at 7:30 p.m.), Patricia Pidcock, Nancy Tyra-Lukens City Manager Carl Jullie, Assistant City Manager Chris Enger, Assistant to the City Manager Craig Dawson, Director of Public Works Gene Dietz, Superintendent of Utilities Ed Sorensen Black & Veatch: David Carlson, Chad Hill, Doug Kobrick, Dan McCarthy Tushie-Montgomery Architects: Gary Tushie Dietz introduced the members of the consultant team to the Council and staff. B. Project Overview Dietz presented an overview of the $23 million proposed expansion to the water system. The City decided to provide municipally-treated water in 1969 and began pumping to 700 customers in 1973. Expansion of the system had been planned all along. The first phase of the water plant had a 4 million gallon per day (mgd) capacity. The latest addition, completed in 1988, brought the plant to its current capacity of 18 mgd. The proposed addition, which would be the last one and designed to meet the City's projected ultimate population, would yield a plant capacity of 28 mgd. When finished, Eden Prairie's would be the third largest treatment plant in Minnesota (after those of Minneapolis and st. Paul). In 1990, the City Council decided that the larger water system capacity should be added at the site of the Water Plant, rather than building a stand-alone facility in southwestern Eden Prairie. This decision meant that the City's practices for removal of lime residuals resulting from the water softening process would have to be changed significantly. Eden Prairie's system is one of only six in the metropolitan area that softens water at the plant. A key component of the system expansion planning is development of a water conservation. The State requires essentially all municipal water systems to develop conservation plans by January 1, 1996. One of the features of the planning process has been the activities of a task force. Members included staff from several City departments, consultant staff, two residents--one of whom serves on the Environmental and Waste Management Commission, MTS, and others. Substantial completion would occur in Spring 1998, with final completion in Summer 1998. Minutes of January 10, 1995 City Council Workshop Page 2 B. Treatment Facility Requirements Sorensen explained the steps in the City's water treatment process. McCarthy reviewed project development issues, including plant capacity, residuals handling, operational needs of the utilities and treatment divisions, and community issues. Projected ultimate staffing for the utilities and treatment divisions would rise from 22-25 today to 40 at full operation. These divisions would also be able to use that part of the public works/parks maintenance building that will remain after demolition needed to construct an on-ramp at the future Highway 5-212/Mitchell Road interchange. Community issues included architecture, aesthetics, and public education space (for environmental conservation, recycling, wetlands, etc.) Discussions with Eden Prairie School District staff suggested that several on-going educational programs could be developed to use what would be available at the Water Plant. The Environmental & Waste Management and Planning Commissions believed the public education space was very desirable. The Council concurred. Tushie reviewed aesthetic and architectural issues. Task Force members wanted the existing building to blend with the architecture of the addition. The building should have a design which would be appealing well into the future, but at the same time should not look like a warehouse. Its design should be compatible with other buildings in the Marketcenter Area. The building should incorporate an environmental education facility. On the site, the lagoons would be replaced with a wetland and a clearwater pond, although one lagoon would remain for emergency use. The Planning Commission commented on the building and site design on January 9, 1995. Its members liked the design, and thought that it favorably met standards to which private development would be held. Development of the property should be sensitive as an entry feature to the Marketcenter Area along Technology Drive. Close attention should be given to screening the loading dock doors on the north side. D. Water Supply Plan Discussion in this portion of the agenda focused on water conservation. Kobrick reviewed several approaches to conservation, and noted that Eden Prairie already had most of the measures in place. Conservation measures are part of a long-term demand management strategy. Regulation/enforcement activities are appropriate to respond to drought or emergencies. The City'S odd/even lawn watering restrictions do not conserve water, but help to manage peak demands. Council agreed with the comments of the consultant, staff, and the Environmental & Waste Management Commission that public education--a long-term, gradual, multi-faceted approach--would be the most effective strategy to conserve water. There was also discussion about conservation-oriented water rate structures, and an approach which had a higher rate for "excess usage" seemed preferable. The Council stated that a conceptual goal of an up-to-5 percent peak demand reduction through a new water rate structure should be explored. There was also sentiment that the City should undertake more enforcement activity on the existing odd/even watering restrictions. E. Adjournment The meeting ended at 10:20 p.m. DATE: CITY COUNCIL AGENDA SECTION: CONSENT CAL EN DAR 1-17-95. DEPARTMENT: ITEM DFSCRlPTION: lTEMNO. Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. CONTRACTOR (MULTI-FAMILY & COMM.) Anagram International, Inc. Associated Mechanical Contractors Bor Son Building Corp. CM Construction Company, Inc. Crawford-Merz Construction Co. Be rna rd L. Da 1 sin Company EDM Construction, Inc. C. F. Haglin & Sons Co. Hauenstein & Burmeister, Inc. Helle Corporation Hoeft Builders, Inc. Knutson Construction Company Lund Martin Construction, Inc. Metro pol itan Mechanical Contractors Jim W. Miller Construction Northwest Racquet Club Soigne, Inc. Tri-G Service, Inc. David Wayne Construction, Inc. WATER SOFTENER Commers Conditioned Water Co. UTILITY INSTALLER Widmer, Inc. PLUMBING Aqua City Pl umbi ng Associated Mechanical Contractors B & 0 Plumbing & Heating Barnes Pl umbing Boedeker Plumbing & Heating Gary Butl er Plumbing, Inc. Century Plumbing, Inc. Commers Conditioned Water Co. Coppin Plumbing Crosstown Plumbing, Inc. Dakota Plumbing & Heating, Inc. Dalby Plumbing Matthew Daniels, Inc. Dependable Well Company El ander Mechanical, Inc. R. C. Hoffman Plumbing, Inc. Hopkins Plumbing & Heating Co. Hutton & Rowe, Inc. Key-Tec Servi ce, Inc. Randy Lane & Sons Plumbing & Heating Metropol itan Mechani cal Contractors R. J. Miller Plumbing & Heating, Inc. Jim Murr Plumbing, Inc. Nieman Plumbing & Heating, Inc. North Anoka Plumbing Penn Plumbing Plumbing Services, Inc. Pl umm, Inc. Prior Lake Plumbing Richfield Plumbing Co. Ridgedale Plumbers Ri ven Pl umbi ng Steve Schmit Plumbing So lberg Pl umbing Star Plumbing & Excavating, Inc. Swanson & Schiager Plumbing Ir-------------------------------------------------------~> Action/Direction: 1-17-95 page 1 DATE: CITY COUNCIL AGENDA SECTION: CONSENT CALENDAR 1-17-95 . DEPARTMENT: ITEM DFSCRIPI'ION: ITEM NO. Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DE·PARTMENT HEADS· RESPONSIBLE FOR THE LICENSED ACTIVITY. PLUMBING (continued) Ullom Plumbing Service Valley Plumbing Company Voson Plumbing, Inc. Widmer, Inc. Weld & Sons Plumbing GAS FITTER Aqua City Plumbing, Inc. Associated Mechanical Contractors Boedeker Plumbing & Heating Cronstroms Heating & Air Conditioning El ander Mechanical, Inc. Kleve Heating & Air Conditioning, Inc. Metropolitan Mechanical Contractors Southside Heating & Air Conditioning Swanson & Schiager Plumbing Valley Plumbing Company Action/Direction: 1-17-95 page 2 HEATING & VENTILATING Alber's Sheetmetal & Ventilating Associated Mechanical Contractors B & D Plumbing & Heating, Inc. Boedeker Plumbing & Heating Coo 1 Ai r Mechantcal, Inc. Cronstroms Heating & Air Conditioning Elander Mechanical, Inc. Fi sher-Bjork Sheetmeta 1 Company, Inc. General Sheet Metal Corp. Judkins Heating & Air Conditioning Kleve Heating & Air Conditioning,Inc. Metropo 1 i tan Mechani ca 1 Contraators Southside Heating & Air Conditioning TYPE C FOOD Superamerica #4159 Superamerica # 4269 Superamerica # 4441 Tom Thumb Food Store # 275 Tom Thumb Food Store # 269 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1117/95 SECTION: Consent Calendar ITEM NO. T.Ir, B DEPARTMENT: Parks, ITEM DESCRIPTION: Approve Change Order No.2 for Pioneer Park Recreation and Facilities Barbara Penning Cross~ , RECOMMENDATION: The parks, recreation and facilities staff recommends approval of Change Order No.2 for Pioneer Park for $23,504.05. BACKGROUND: Construction of Pioneer Park started in June of 1993 using bond referendum money. A rainy construction season delayed construction into 1994. The contract is now complete with final payment being made. ISSUES: A second change order to the contract was necessary primarily due to earthwork. Aerial contours used for plans and quantities were off as much as two feet, significantly increasing the quantity of earthwork. Additional utility work, drain tile in the play area, and relocating the chain link fence to provide safety for children within the Family Center play area were also necessary and are summarized in the attached change order. FINANCIAL CONSIDERATION: The money to pay for this change order will come from bond referendum funds. BPC:mdd change/Barb 1 Date: December 27, 1994 Project Name: Pioneer Park Contractor: Engineer: Bituminous Consulting City of Eden Prairie Nature of Changes: CHANGE ORDER NO.2 5003 1. Grading: Aerial contours used for plans and plan quantities were imprecise thereby changing and adding to the scope of the work regarding grading and associated pay items where pay is dependant on depth. A. Additional Grading ....................................... $ 17,384.00 B. Extra Depth Sanitary Sewer .................................. 1,818.15 2. Utilities: An additional watermain gate valve was added for testing purposes. A sanitary sewer manhole was moved to save a pine tree. I A. B. 6" Gate Valve .............. , .......... ' .................. . Sanitary Sewer Direction Change .............................. . 460.00 126.50 3. Playground Area: The timber wall around the playground area required partial replacement and regrading due to drainage problems. A. Partial wall removal regrade, pumping of play area, drain pipe .......................................... 3,140.00 4. Chain Link Fence: An existing chain link fence was removed and reset to provide a barrier between the construction and existing children's play area for the family center ................. 1,075.40 5. Tennis Court Patching: A patch on the surface of the tennis courts is visible, a deduct has been deemed appropriate ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (500.00) 23,504.05 SUMMARY OF CONTRACT CHANGES: • Original Contract Amount ....................................... 198,277.50 • Net Increase resUlting from Change Order No.1 ......................... , 3,150.00 • Net Increase resulting from Change Order No.2. . . . . . . . . . . . . . . . . . . . . . . .. 23,504.05 • Current Contract Amount including Change Order Nos. 1 & 2 ............... $224,931.55 THE ABOVE CHANGES ARE APPROVED: THE ABOVE CHANGES ARE ACCEPTED: BlTUMI~NOUS SULTI G ---~~ By: __ ~~ ______ ~~~~ ______ ~~ __ D~te: ___ --::"'"/5~~"'";;-9-."-(5=-------- -,-:,,1-- DATE: 01117/95 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: It. (!, DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Lake Edenview Townhomes Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Lake Edenview Townhomes subject to the following conditions: • Receipt of engineering fee in the amount of $320 • Receipt of street lighting fee in the amount of $715 • Receipt of conservation easement for tree protection • The requirements of the Developer's Agreement Overview: This proposal, by U.S. Homes Corporation, consists of eight platted lots for the construction of proposed townhomes south of Prairie Center Drive between Franlo Road and Medcom Boulevard. The preliminary plat was approved by the City Council November 1, 1994. The approval of the Developer's Agreement and Second Reading of the Rezoning Ordinance was completed December 6, 1994. JJ:ssa cc: Lee Johnson, U.S. Homes Item No. I 1. e. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF LAKE EDENVIEW TOWNHOMES WHEREAS, the plat of Lake Edenview Townhomes 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 Lake Edenview Townhomes is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 12, 1995. 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 January 17, 1995. Jean Harris, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. 1/1, e. z. ~.-I-,~! ' '" I I I -------I I I l!--k~ .C.1. f.111 •. 22 LOCATION MAP .. """ . I I -------,....---R-6~73. 03 I --,- I I boI' 09' 24' ~ I N 0'27'4J"W -132. 72 eo.91 1¥ z 5CAL[ : I "CH • 50 fUT .. LAKE EDENVIEW TOWNHOMES NOTt: NO YONW[HT S ...... bOl SHOWN AT ANY SUTUTE ACOUIR[D loc"nON tNOICATtS A PLAT MOHUN[NT THAr Will BE sn WITHIN ON( y(AR r,.ow TH[ A[CORDING OAT( or THIS PLAT. SAfO MONUMENTS $H .... LL BE 1/2 INCH. 14 INCH IRON UONUMENTS MARKED BV A.L.S. NO. IU'4. • D£HOT[S I/Z INCH. 14 INCH "'ON "'~U .. tNr rOUND (JIfAINAtJe NIIJ U"""" IASOOftS All( $HOW IMIS. II ....j RooJ~20. 78 RCA;) 392. 00 A-()' 34' 59' 8112.47 5 0'I3'57'E 1 ,,< ~ 1 -.;it;""" R L " i 1 ! 1 l~ ..... ~T~~, I • ':'"':;:',' .. .... : NOTE: ALL OF' OUTLOT A IS DRAINAGE .. UnUTY EASEMENT . I I -.-- I I 167.60 N 1'02'42"W I --I-- I . I -+-~: L [AS'l:II\.'( LNl lII:ACT • o c. - ~----------- EOEt: lAKE' rC'm:HC:':ES I I I ~ I I el.AI£IL~Qoe..... ___ I BLQQC~Q~. ___ I C.R. DOC. NO. L_ GR:£R II I "Iolr,:" 1,.,,"101',- ~ I'i:: ~? L,J ).! :5 ;! L'J Cl L,J ---------,--'- DATE: 01117/95 EDEN PRAIRIE CITY COUNCn. AGENDA ITEM NO: IV. D SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Summerfield 3rd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Summerfield 3rd Addition subject to the following provisions: 1. Receipt of engineering fee in the amount of $1,520 Overview: This plat completes the lotting arrangement of the Summerfield project by Rottlund Company, and is consistent with the preliminary plat approved in December, 1993. All utility construction necessary to support the project is substantially complete and will be fmished this spring. January 17, 1995 Item No. / tI. D. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SUMMERFIELD 3RD ADDmON WHEREAS, the plat of Summerfield 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 Summerfield 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 10, 1995. 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 January 17, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk January 17, 1995 Item No. / Y. D. Z ! _-====72~ • ,/ f I 1 i i I ~,J ~­c( ~­t:l I • I I J I J • I J J l /I IJ I r a I I i h I Ii ; -I II j h v I I 'I I w , I I I J J I , ! J , i I I I I a J • , I /I Ii II I. II'· I J! wi i I ij J J I ~1 i J I t J " t f ! i I _ .. J j Ii IJ i, II !I I· i , If ··i h .. i: ••• DATE: 01117/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: , y, /£ SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Director of Public Municipal State Aid ProjectlSMTC Transit Hub Works-Eugene Dietz Recommended Action: Adopt resolution designating the proposed Southwest Metro Transit Commission (SMTC) Transit Hub project as a Municipal State Aid Project and authorize staff to negotiate a cooperative agreement with SMTC and MnDOT. Background: SMTC has received a federal grant for the transit hub project. However, a mechanism is needed to allow MnDOT to manage the project which includes earth work necessary for the realignment of Technology Drive. The solution is to designate the responsibility for the overall project to the State Aid Office of MnDOT. In order to provide proper paperwork to allow this to happen, the project needs to be a Municipal State Aid Project. Since SMTC does not have status as a municipality, this proposal would put Eden Prairie into a sponsorship position and designate the transit hub project as a municipal state aid project. An agreement between MnDOT, SMTC and the City of Eden Prairie would be negotiated to c specify the roles and responsibilities of each party. The City of Eden Prairie involvement will be a nominal amount of paperwork to carry the project in the system. Financial Issues: The cooperative agreement among the parties will specify that there will be no fmancial obligation on the part of the City of Eden Prairie and that it will not impact needs or funding availability through our municipal state aid process. Item No. / LI, i.1 ~ , CI~Y OW IDBR ~BAX.IB BD1IIIPI. COUB'l'Y, KXDJl80T& aISOLUTIO. 110. WHEREAS, Southwest Metro Transit Commission (SMTC) has plans to oonstruct a Transit Hub on property located on T.H. 5, Prairie center Drive, and Teohnology Drive in Eden prairie, Minnesota (Transit Hub project); WHEREAS, the Transit Hub project i. being funded through Federal Intermodal Surfa08 Transportation Efficiency Act of 1991 (ISTEA)/Surfaca Transportation Program (S~P) funds I WHEREAS, SMTC is coordinatinq construction ot the Transit Hub Project with the construction ot Technology Drive by the Minnesota Department ot Transportation (KnDOT); WHEREAS, SMTC has requested that the city of Eden Prairie agree to sponsor the Transit Hub Project as a State Aid project tor purpose. ot acce.sinq state of Minnesota funds tor interim financinq for the Transit Hub Project; WHEREAS, the city ot Eden Prairie has aqreed to designate the SMTC Transit Hub Projeot as a stat. Aid Project solely for the purposes of interim financinq; WHEREAS, the MnDOT stat. Aid office ha. agreed to let the contracts and provide construction financing through the State Aid Administration Account on behalf ot Eden Prairie for the Transit Hub Project, and to apply tor reimbursement from the ISTEA/STP fund; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL or THE CITY OF EDEN PRAIRIE: RESOLVBD, the city of Eden Prairie designates the SMTC Transit Hub Project a state Aid Project tor the purpose of accessing State ot-Minnesota tun~s tor interim tinancing for the Transit Hub Project. City statf is authorized to enter into negotiations for cooperative agreements between the City, MnDOT, and SNTe to USe state Aid Administration Account tun~s for interim tinancinq tor the construction ot the Transit Hub, which agreements shall be submitted to the Council tor approval. ADOPTED by the city Council on the ___ day ot --------------________ , 1995. Jean Harri., Mayor (Seal) ATTEST: Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1-17-95 SECTION: PUBLIC HEARINGS ITEM NO. VtA.. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger HARTFORD PLACE RETAIL AMENDMENT Michael D. Franzen Requested Council Action: The Developer has withdrawn this project. The City Council should close the Public Hearing and return the development plans to the proponent without prejudice. Supporting Reports: 1. Letter from Ryan Companies V. A.. -I JAN-12-95 THU 15:00 Ryan Companies ;1"1 1lIlI'I'lIl1liull,,1 C""tr<' HOO Sf'mlld :\"('1111\\ SOlllh Millll("lpolis, ~f:-'; i5!5~1l2·:I;Vf;­ r,12./;):lf;·1200 1'110111' (; 12/:):)7. "".';:2 "i~' January 11, 1995 Mr. Mike Franzen 8080 Mitchell Road RYAN COMPANIES Eden Prairie, MN 55344-2230 RE: HARTFORD PLACE .. PUD AMENDMENT Dear Mike: FAX NO. 612+337+5552 P. 02 ~YAN As you have heard, Dayton Hudson has acquired the Carson's stores and more particularly the Eden Prairie Center store, therefore, there is no current need for us to amend our existing pun at Hartford Place to accommodate Mervyn's. We do not feel that it makes sense to come forward to amend the PUD until such a time as retailers have been identified to replace Mervyn's; otherwise there is a chance we may be wasting the City's time. As always, we've appreciated all the help you've given us and still fully expect to break ground in the Spring for at least a portion of our center. If you have any questions in the meantime, please give me a call. \ ' c·. M ayor Harris Councilmember Case Councilmember Jessen Councilmember Pidcock Councilmember Tyra-Lukens Chris Enger Eden Prairie Neighbors v.A. -2 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1-17-95 SECTION: PUBLIC HEARINGS ITEM NO. V.S. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger CHALLENGE PRINTING Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Zoning District Change from Rural to 1-2 on 2 acres and Zoning District Amendment within 1-2 District on 4.52 acres; • Resolution for Preliminary Plat on 6.52 acres into 1 lot. Background: The Planning Commission voted unanimously to approve the building expansion plans for Challenge Printing at the December 12 Planning Commission meeting. The building expansion is 43,400 square feet. A front yard setback variance to parking is needed along Golden Triangle Drive. The staff supports the front yard setback variance to parking because a shift in the building location would otherwise be necessary which would affect the existing wooded area of the site. In addition, the amount of parking impacted by the variance is small and that parking is screened to City code. This variance was granted by the Board of Appeals on January 12, 1995. Since Planning Commission review, the proponent has made the necessary revisions to the plans as outlined in the Staff Report. Supporting Reports: 1. Staff Report dated December 9, 1994 2. Planning Commission Approved Minutes of December 12, 1994 3. Resolution for Preliminary Plat 4. Plans dated January 12, 1995 V. 8. - \ CHALLENGE PRINTING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF CHALLENGE PRINTING FOR CHALLENGE PRINTING BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Challenge Printing for Challenge Printing dated January 12, 1995, consisting of 6.52 acres, a copy of which is on ftle at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of January, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk V,Bt -~ D. Pk"'t';i"j CO~Mj~\io,,-Mil'\.~ ~ Cot.'"' be.t" I "2. , I ~ q c.f CHALLENGE PRINTING by Challenge Printing. Request for Zoning District Change from Rural to 1-2 Park on 2 acres, Zoning District Amendment within the 1-2 Park District on 4.52 acres, Site Plan Review on 6.52 acres, and Preliminary Plat of 6.52 acres into 1 lot. Location: 7540 Golden Triangle Drive. Franzen stated that the City reviewed Challenge Printing a couple of years ago for a two-phase plan. Due to the company's rapid growth, the 2nd Phase is redesigned with additional square footage, and increased the height of the building. Additional. property to the west was acquired so the plan could meet the base area ratio requirement. They are asking for a site approval rezoning on property to the west. Dave Bangasser, representing Challenge Printing, reviewed his project with the Planning Commission. He stated that this plan is pretty much identical as to what was originally approved by the Council in 1993 with regard to the building footprints and the primary parking areas. The only difference with this plan versus the plan originally conceived, is they have pursued a mezzanine plan as a result of the company's growth. Ideally they would like to have all this square footage on the first floor, but this particular site is rather narrow with the wetlands to the west. The two acres that Challenge Printing recently purchased, in order to do this addition, is largely unusable land. It's a slope down to the wetlands area. They would like to be able to expand to the west, but it is more efficient to add footage in the mezzanine space. Franzen stated that Staff is recommending approval of this project subject to the conditions listed on pages 4 and 5 of the Staff Report. Wissner asked where the variance from 50 feet to 25 feet means. Franzen replied along Golden Triangle Drive. Bangasser responded that the variance request is solely because of the curve on Golden Triangle Drive. He said that they intend to do a lot of extensive landscaping on this site. Clinton stated that there is about the 4 foot change on grading as a result of a parking area. He asked what the plan would be if they needed additional parking. Bangasser replied that they would regrade it at that time and construct retaining walls. MOTION 1: Wissner moved, seconded by Foote, to close the public hearing. Motion carried 6-0-0. MOTION 2: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Challenge Printing for Zoning District Change from Rural to 1-2 Park on 2 acres based on plans dated December 8, 1994, and subject to the recommendations of the Staff Report dated December 9, 1994.Motion carried 6-0-0. 5 \/.5,-3 MOTION 3: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Challenge Printing for Zoning District Amendment within the 1-2 Park District on 4.52 acres based on plans dated December 8, 1994, and subject to the recommendations of the Staff Report dated December 9, 1994. Motion carried 6-0-0. MOTION 4: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Challenge Printing for Site Plan Review on 6.52 acres based on plans dated December 8, 1994, and subject to the recommendations of the Staff Report dated December 9, 1994. Motion carried 6-0-0. MOTION 5: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Challenge Printing for Preliminary Plat of 6.52 acres based on plans dated December 8, 1994, and subject to the recommendations of the Staff Report dated December 9, 1994. Motion carried 6-0-0. STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Scott A. Kipp, Planner December 9, 1994 CHALLENGE PRINTING Challenge Printing 7540 Golden Triangle Drive 1. Zoning District Change from Rural to 1-2 Park on 2 acres 2. Zoning District Amendment within the 1-2 Park District on 4.52 acres 3. Site Plan Review on 6.52 acres 4. Preliminary Plat of 6.52 acres into 1 lot ::I ;z; -.i :: r. ... a: r,.;-. ;f ;. = ~ III .. I I I c ..I • ..I . ~; Staff Report Challenge Printing Page 2 BACKGROUND This site was originally zoned 1-2 Park in 1993 for the construction of the initial phase of Challenge Printing, consisting of 47,600 sq. ft. on 4.52 acres of property. The plans at that time also showed a future expansion area for a maximum of a 70,000 sq. ft. building footprint. In order to accommodate an expansion of this size, additional land area would be necessary to conform to the maximum allowable Base Area Ratio of 30 %. During the original platting of the property, an outlot was created adjacent to the site for this purpose. The request at this time is to rezone the outlot and combine it with the overall site to accommodate the current building expansion request. PRELIMINARY PLAT The plat consists of 6.52 acres of property to be platted into 1 lot. The 2 acre outlot was originally set aside to accommodate a future building expansion, and will now be combined with the original site. The portion of the Nine Mile Creek floodplain that covers the extreme northwest part of the site is to be placed into a drainage and utility easement. SITE PLAN The addition consists of a building footprint of 24,400 sq. ft. , including 19,000 sq. ft. of mezzanine area, for a total building footprint of 72,000 sq. ft., and a gross floor area of 91,000 sq. ft. The Base Area Ratio is proposed at 26 %, with a Floor Area Ratio of 32 %, meeting code requirements. The building meets all structure setbacks. A total of 210 parking spaces have been provided, of which 17 spaces are in proof of parking. Based on their use of the facility, 210 spaces are required, therefore all necessary parking has been provided to meet the code. However, 12 parking spaces will need to be relocated. Four spaces are located too close to the site entrance, and 8 proof of parking spaces either impact truck maneuvering areas, or are in conflict with the minimum 5 % planting island requirement. Two ways which this situation can be handled is to either relocate the parking spaces as proof of parking in the southwest corner of the site(see attachment), or to reduce the building square footage accordingly so the spaces would not be required. Staff would be comfortable with either option. The proponent also is requesting a front yard setback to parking variance from 50 feet to 25 feet. This request affects approximately l3 spaces along Golden Triangle Drive. Staff Report Challenge Printing Page 3 The required parking setback could be met, if one of three options were to be pursued: 1. Reduce the building square footage to eliminate the parking space need. 2. Relocate the parking within the wooded area of the site. 3. Shift the building and parking farther west. Option 1 would further limit the developability of the property since the proposal is already at a 26 % coverage where code would permit 30 %. Option 2 and 3 would require additional alteration of the wooded areas of the site, and possibly encroach into wetland area. Screening of the parking spaces can be accomplished with additional landscaping placed along the northeast corner of the site. Based on the options available, and the fact that screening of the parking can be accomplished, staff would support the variance request. GRADING AND DRAINAGE The majority of the site grading to handle the building addition was completed at the time of initial building construction. Some grading is being proposed along the south property line to accommodate an additional row of parking, and a semi-truck turn around. Both of these grading areas depict proposed 2: 1 slopes. The developer shall revise the grading plan to minimize the slopes to not exceed a 3:1 ratio. Some retaining wall construction may be necessary to achieve this slope. If so, a masonry type retaining wall system shall be used. No additional tree loss is expected with this project. All tree loss took place as part of the initial phase of construction. Run-off from the additional parking area will be picked up by existing catch basins and directed to a storm water handling pond on the west side of the property. LANDSCAPING A total of 125 caliper inches of landscaping is required based on the building addition. The plan meets this requirement. The majority of the addition is 36 feet in height, which is considered a two-story structure in terms of meeting the caliper inch requirements. Stafr Report Challenge Printing Page 4 The planting plan depicts most of the landscaping to be located on the backside of the structure to help minimize the buildings impact from the wetland areas. A number of 1 3/4 caliper inch, bare root Aspen trees are proposed to accomplish this. However, the code requires that all landscaping materials meet a minimum 2 112 caliper inch size and be balled and burlap. The plan will need to be revised to reflect this size and type of planting stock. As discussed earlier, the planting plan will also need to be revised to provide additional evergreen screening in the area shown for the parking setback variance request. BUILDING ARCHITECTURE The building addition will match the existing architecture in material and color schemes. A portion of the building where the height transition takes place will be constructed with metal panel. Required building material percentages meet code. The existing building's rooftop mechanical units have been physically screened with metal panel from all public roadways and differing land uses. Any units that are proposed for the new addition will require the same screening method. SHORELAND ORDINANCE The Shoreland area is defmed as that area within 300 feet from the bank of the channel of Nine Mile Creek, or the landward extent of the flood plain. The creek is over 300 feet away from this site. However, a small portion of the flood plain reaches the northwest corner of the site. Since there is no building construction or other alteration proposed in the flood plain, the project does· not impact the Shoreland area as defined. RECOMMENDATIONS The Planning Staff would recommend approval of the request to rezone 2 acres from Rural to 1-2 Park, Zoning District Amendment in the 1-2 Park district on 4.52 acres, Site Plan Review on 6.52 acres, and Preliminary Plat of 6.52 acres into one lot based on plans dated December 8, 1994, subject to the recommendations of this Staff Report, and subject to the following: 1. Prior to review by the City Council, the proponent shall: A. Modify the site plan to relocate the 12 parking spaces as identified in the report to a proof of parking area shown on the attachment, or reduce the building square footage to eliminate the need for these spaces. v,B. -g stafr Report Challenge Printing Page 5 B. Revise the grading plan to depict slopes to be no greater than a 3: 1 ratio. If any retaining wall construction is necessary, a masonry type system shall be used. C. Revise the landscape plan to provide additional evergreen screening in the area shown for the parking setback variance request. In addition, revise the Aspen plantings to reflect 2 112 caliper inch, balled and burlap stock. 2. Prior to final plat approval, the proponent shall: A. Receive a variance from the Board of Adjustments and Appeals for a front yard parking setback from 50 feet to 25 feet. B. Submit detailed stormwater run-off, utility and erosion control plans for review by the City Engineer. C. Provide detailed stormwater run-off and erosion control plans for review by the Watershed District. . , ;" " .~ 1--' 1 I I' ~ ~ " " .', ~< it ,. ~, . -", . \I' :v- I ~Nc:..",I· r'A'f,o (~"t..~ "~)---.,, f'~.?I;;~ f-"fi'. :.~ j;..1~~·' ,. ., ~: . ..... . ,; ... ' 'Q.-P~~K:I N~ . :~t.1&~W. . V.~.-JO . ". o OPUS. November 11,1994 Mr. Mike Franzen City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Opus Corporation 800 Opus Center 9900 Bren Road East Minnetonka. Minnesota 55343-9600 612-936-4444 RE: Challenge Printing, Inc.-Building Expansion 7540 Golden Triangle Drive Dear Mr. Franzen: Mailing AddrL P.O. Box 150 Minneapolis. Minnesota 55440-0150 Fax 612-936-4529 On behalf of Challenge Printing, Opus Corporation is pleased to submit the accompanying twelve sets of the following: Site Plan, Grading Plan, Landscaping Plan, Floor Plan, Building Elevations, and Preliminary Plat, all dated 11/11/94, for Challenge Printing's expansion to their existing facility west of Golden Triangle Drive at 76th Street. This expansion includes a footprint of approximately 22,400 square feet plus a storage mezzanine of 16,800 square feet. Challenge Printing currently owns their 4.52 acre property and has purchased an additional 2 acre outlot west of their original parcel in order to . meet the Base Area Ratio (BAR) restrictions. We would like to request the City review these documents . for purposes of site plan review, re-zoning the 2 acre parcel and to combine this parcel with their adjoining property by means of preliminary and final plat. Challenge Printing has outgrown its current space of approximately 47,600 square feet and currently employs approximately 200 employees over three shifts. This new facility would allow for Challenge's continued growth. It is my understanding that the City's guide plan intends this parcel to be zoned 1-2, which would allow for this type of printing facility. This 2 acre parcel currently has no permanent structures constructed upon it and the current topography and wetland make it mostly unuseable for building or parking. The proposed building expansion would result in a total footprint of 70,000 square feet which translates to a Base Area Ratio of 25 % and the total floor area of 86,800 square feet translates to a Floor Area Ratio of 31 %. The expansion will be to the north as envisioned in the original site plan review approved by the city. The slope down to the wetland and to the west and the wetland itself will not be effected by construction. A total of 190 parking stalls will be provided_ No additional signage will be required arid site lighting will be consistant with the existing design. We would like to ask that this project be reviewed by the Planning Commission at its December 12, 1994 meeting and that City Council consider the matter as soon as possible thereafter. Our proposed schedule calls for construction to begin in March 1995 with completion in August. Thank you in advance for your consideration in this matter. Please call me at 936-4457 if you have questions or need any additional information_ Sincerely, OPUS CORPORATION ~~~ David F. Bangasser, P.E. Sr. Project Manager encl. "1 ,-.... , ',: ~ .. , .. ::~ :-. ,. -." Opus Corporation is an affiliate of the Opus group of companies -Architects. Contractors. Developers Chicago. Columbus. Dallas. Denver. Milwaukee. Minneapolis. Orlando. Pensacola. Phoenix. Seanle. Tampa V.f?:>. )' EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1-17-95 SECTION: PUBLIC HEARINGS ITEM NO. V.C. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger METRO PRINTING Don Uram Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for PUD District Amendment on 20.15 acres, PUD District Review on 7.675 acres and Zoning District Change from Community Commercial to 1-2 on 7.675 acres; • Resolution for Comprehensive Guide Plan Change; • Resolution for Preliminary Plat on 20.l5 acres into 2 lots. Background: Staffhas worked with Tom Jungles, owner of Metro Printing for approximately 4 years as part of a business retention effort. This effort has resulted in Metro buying a site in the Edenvale Corporate Park and proposing a new building of approximately 46,000 square feet. Metro Printing has been in Eden Prairie for about 21 years. The Planning Commission voted unanimously to approve the building plans at the December 12 Planning Commission meeting. There are three issues related to the development of this site. These are the change in the Comprehensive Guide Plan from Office to Industrial, the construction of the NURP pond within the Purgatory Creek Conservation Area and the "rear" building architecture. Office development within the last few years has been virtually non-existent and as a result this property has remained vacant. Although the office market is stronger than it has been, new office user's are very selective in the sites that they are considering. At this time, it is difficult to determine if this site would ever develop as an office use considering the location and the adjacent land uses. From a practical standpoint, changing the Guide Plan to allow for this development will not affect the City's ability to attract office developments to desirable sites in Eden Prairie nor should it affect future development in this PUD. When this PUD was approved in 1982, the environmental regulations in effect did not include a requirement for NURP ponding. The requirement for NURP ponds not only affects this development but all new developments in Eden Prairie. With the current proposal and the existing site characteristics, the only place V. c.. -, to construct a NURP pond is within the conservation area. According to the original conservation easement, construction is allowed within this area provided that the City approves this construction. Both the Planning Commission and the Parks, Recreation and Natural Resources Commission supported the construction of the pond that the site be restored with "natural" vegetation and trees. Architecturally, the building is proposed with 69% concrete panel and dryvit and 31 % brick and glass. The front elevation is 75% face brick and glass while the rear of the building is concrete panel. Concerns were raised at the Planning Commission meeting about the "warehouse" appearance of the back of the building and some architectural embellishments were suggested. In response, the proponent has added ceramic tiles like those used on the front of the building and landscaping to downplay this elevation. Supporting Reports: 1. Staff Report dated December 9, 1994 2. Planning Commission Approved Minutes of December 12, 1994 3. Resolution for Preliminary Plat 4. Resolution for Comprehensive Guide Plan Change 5. Correspondence 6. Plans dated January 12, 1995 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. METRO PRINTING RESOLUTION APPROVING THE PRELIMINARY PLAT OF METRO PRINTING FOR METRO PRINTING, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Metro Printing for Metro Printing, Inc. dated January 12, 1995, consisting of 20.15 acres, a copy of which is on ftle at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of January, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk V.C ... 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN METRO PRINTING 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 Metro Printing by Metro Printing, Inc. for construction of an office/manufacturing building of approximately 45,955 square feet, 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: 7.675 acres from Office to Industrial all located at the southwest corner of Valley View Road and Equitable Drive. ADOPTED by the City Council of the City of Eden Prairie this 17th day of January, 1995. Jean L. Harris, Mayor ArrEST: John D. Frane, City Clerk v. c.. -L\ P(Q.""ij Coto\""i""O,,," ~i" ... de~ Ckc.t.,...ber 1'2., Iqq L\ E. METRO PRINTING by Metro Printing, Inc. Request for Planned Unit Development Amendment on 20.15 acres, Planned Unit Development District Review on 7.675 acres, Comprehensive Guide Plan Change from Office to Industrial on 7.675 acres, Zoning District Change from Community Commercial to 1-2 Zoning District on 7.675 acres, Site Plan Review on 7.675 acres and Preliminary Plat of 20.15 acres into two lots. Location: Equitable Drive and Valley View Road. Uram introduced Tom Jungles, owner of Metro Printing, and Dave Bangasser, Opus Corporation, who will be constructing the building. Tom Jungles, owner of Metro Printing, passed out to the Planning Commission a one page biography of the company. Metro Printing is a full service printing company and have been in Eden Prairie for 21 years. Their current location is on Hamilton Road and they occupy approximately 26,000 square feet in that building. They also lease about 3,000 square feet next door for warehouse space. Metro Printing employs approximately 85 people and operates three shifts. Over the last three years it became obvious that they had to plan for their future because of business growth. They have spent the last three years looking at land and the priority is to stay in Eden Prairie. When this piece of property came to their attention, they got excited and spent a lot of time, energy and money trying to make this parcel work. Dave Bangasser, Opus Corporation, reviewed his project with the Planning Commission using visual aids. Uram stated that office development within the last few years has been virtually non- existent and as a result this property has remained vacant. Although the office market is stronger than it has been, new office user's are very selective in the sites that they are considering. Potential office user's that Staff has talked to are looking at highly 6 v.c.-5" visible sites such as those along 1-494 and U.S. 169. At this point, it is difficult to determine if this site would ever develop as an office use considering the location and the adjacent land uses. From a practical standpoint, changing the Guide Plan to allow for this development will not affect the City's ability to attract office developments to desirable sites in Eden Prairie nor should it affect future development in this PUD. Because of the steep slope of the site and the location of the wetlands, there was very little room to construct a NURP pond. Because of that, Staff asked Bob Lambert, Director of Parks, whether or not they could approve a NURP pond in the conservancy area. Included in the packets is a copy of the conservancy easement that states that construction can occur in that area with the written approval of the City. Mr. Lambert indicated this is possible. The plan as proposed meets all the Code requirements. All of the landscaping occurring on the site is because the height of the building is 24 feet high, and it requires double landscaping, which they are providing. All the landscaping out on the berm will be retained and the berm will stay. Staff is recommending approval of the project subject to the conditions in the Staff Report. Bauer asked if the area is going to be sufficient for bigger trucks to be able to turn around. Bangasser replied that they have taken that into consideration and made it big enough for 73 foot trucks. Bauer asked for a run through on how a 73 foot truck would go in and through the ramp. Bangasser showed him on the map. Bauer asked if the loading dock is for one truck at a time or two. Bangasser replied that there's room for two trucks in that area. Foote stated there's a significant growth of trees towards Mitchell Road. He asked if that was on their property. Bangasser replied that it's not. Sandstad expressed concern about the issue of the NURP pond in the conservency easement and setting a precedent for other properties that n~ .expansion. He asked if there was any other way to do this, and how many more of these might the Commission see. Uram replied that when Staff originally indicated to Welsh Companies, representatives for Equitable that they would li~ them to design the rest of the property with a combined NURP pond for the development of the entire site. The problem is the depth of the lot and the location of the conservancy easement. 7 \/,(.-6 Schlampp expressed concern regarding the Conservancy Act as of January, about putting a NURP pond into wetlands. He said there is a similar situation right now in Bearpath. Uram stated that his understanding of the Bearpath situation was set back to the wetlands. All of the work occurring for the construction of the NURP pond is outside the wetlands and outside the flood plain elevation. Clinton asked if there is going to be any reference made as to the name of the company on the building, or a monument outside. Bangasser replied that they haven't figured that out exactly. At this point in time, they are probably going to do a monument sign at the main entrance to the office building. They have not addressed the signage to that level of detail. Mr. McConkey, representin& CH Robinson Company, stated that they own the building that is being referred to, and they also own the parcel of land next to this lot with all the trees. His concern is that they are operating in an office zoned area. He is concerned about property values dropping. He said he has not seen any drawings of the back side of this building because this will impact their property. When they look out their office building, the back of this warehouse is what they see, and it's not going to be a very good site for his building. At the time that they bought the piece of property, the land at the corner of Valley· View Road and Mitchell Road, their intention was to build an office building there and house their home office. Bangasser explained what the back of the building will look like. He said that their trash area will be screened quite effectively from CH Robinson. Foote asked how many trucks a day would they expect on the dock. Jungles replied that they have two delivery trucks themselves, a van and a larger truck. He said they probably come and go from their facility in the morning, two or three times a day. They have paper companies that come to them on a regular basis, maybe three to four deliveries a day. Most of the trucks that would come would be local supplier trucks which are not 18 wheelers. Uram stated that there are a couple of recommendations that should be added to the recommendations in the Staff Report. He said they need to include the recomInendation of detailed sigilage to be submitted prior. to the City Council. He said there is some additional landscaping that is required. They need to take a look at the trees on the western elevation for screening purposes. He suggested planting some five inch ash at this point because at some point they are going to be big and will screen that elevation. They also need to look at screening of the truck dock from ~gatory Creek. The recommendation would be to revise the landscaping plan to include plantings prior to City Council. 8 V, c... -7 MOTION 1: Schlampp moved, seconded by Clinton, to close the public hearing. Motion carried 6-0-0. Sandstad said he would encourage a little architectural touch up to the rear elevation of this building since it looks quite bland. He would like to see something done voluntarily by the developers. Bauer stated that he is comfortable with the plan as proposed and the Guide Plan change. He said they need to discuss briefly the issue of office building next to industrial use. The plan works right in his mind but he would like to see the Commission add something in the motion to look for some additional architectural work up on the southwest view. He said the issue of industrial and office would not kill the project. Sandstad suggested that item G be amended on the recommendation to upgrade the architectural treatment to the rear elevations to give more of an office building appearance like the front elevation. - Bauer said not to use the word upgrade because they don't need to have glass, but perhaps something additional on the back features. MOTION 2: Schlampp moved, seconded by Clinton, to recommend to the City Council approval of the request of Metro Printing, Inc. for Planned Unit Development Amendment on 20.15 acres based on plans dated December 7, 1994, and subject to the recommendations of the Staff Report dated December 9, 1994, item 2, submit signage detail and revised landscaping with the cooperation of Staff, and G is the elevation architectural improvement. Motion carried 6-0-0. . .." MOTION 3: Schlampp moved, seconded by Clinton, to recommend to the City Council approval of the request of Metro Printing, Inc. for Planned Unit Development District Review on 7.675 acres based on plans dated December 7, 1994, and subject to the recommendations of the Staff report dated December 9, 1994. . Motion carried 6-0-0. MOTION 4: Schlarnpp moved, seconded by Clinton, to recomm~nd to the City Council approval of the request of Metro Printing, Inc. for Comprehensive Guide Plan Change from Office to Industrial on 7.675 acres based on plans dated December 7, 1994, and subject to the recommendations of the Staff Report dated December 9, 1994 as amended. Motion carried 6-0-0. MOTION 5: Schlampp moved, seconded by Clinton, to recommend to the City Council approval of the request of Metro Printing, Inc. for Zoning District Change from Community Commercial to 1-2 on 7.675 acres based on plans dated December 7, 1994, and subject to the recommendations of the Staff Report dated 9 V.c.. ~ g December 9, 1994. Motion carried 6-0-0. MOTION 6: Schlampp moved, seconded by Clinton, to recommend to the City Council approval of the request of Metro Printing, Inc. for Preliminary Plat of 20.15 acres into 2 lots based on plans dated December 7, 1994, and subject to the recommendations of the Staff Report dated December 9, 1994. Motion carried 6-0-0. v.c. ... 9 STAFF REPORT TO: FROM: THROUGH: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Donald R. Uram, Planner Chris Enger, Assistant City Manager December 9, 1994 Metro Printing, Inc. Metro Printing, Inc. Equitable Life Assurance Company Southwest comer of Valley View Road and Equitable Drive 1. Planned Unit Development Amendment on 20.15 acres. 2. Planned Unit Development District Review on 7.675 acres. 3. Comprehensive Guide Plan Change from Office to Industrial on 7.675 acres. 4. Zoning District Change from Community Commercial to 1-2 Zoning District on 7.675 acres. 5. Site Plan Reviewon 7.675 acres. 6. Preliminary Plat of20.15 acres into two lots. v.e. -10 SITE : ••• :" & . :., FNITJ.lF ' aF;QTrU .:r:;:. m '0., -... ,; 0., f ! ~ ... --! .,..,..,.,.,.,...,,.,.:-:,.,. .... ~.'7.:-:~.:-:-:~ ... 0-:.'":~~~.~.~:~:~~:::.::~~~~- LOCATION MAP V,c.. - ) \ BACKGROUND The Comprehensive Guide Plan designates this site for an Office land use. Surrounding land uses are Medium Density Residential to the north across Valley View Road; Office to the west and south of the site; and Industrial to the east. The site is currently zoned Community Commercial. Adjacent properties are zoned 1-2 to the west and RM-2.5 to the north. This site is part of a previously approved Planned Unit Development for a mixture of Office and Industrial uses. The PUD depicted this site as an Office land use. COMPREHENSIVE GUIDE PLAN CHANGEI PUD CONCEPT AMENDMENT Metro Printing is requesting approval of a Comprehensive Guide Plan Change from Office to Industrial and an amendment to the existing PUD to allow for the construction of an office/manufacturing building of approximately 45,955 square feet with expansion to 72,949 square feet. This plan also includes an additional lot (owned by Equitable Life Assurance Company) which may be a future industrial use. The approved PUD depicted four small office buildings ranging in size from 4,800 sq.ft. to 16,600 sq.ft. and 184 parking spaces on this site. Development on this site at a B.AR of3001o and aFAR of 50010 could allow up to a 165,000 sq.ft. office building provided that parking requirements are met. A change to the Guide Plan from Office to Industrial may be reasonable because of the following: 1. The location of the site within an industrial park does not portray an office image. 2. The existing industrial development within the PUD attracts other industrial uses. 3. The "soft" market for office buildings reduces the demand for marginal office sites. 4. Demand for industrial land is very strong while the supply of "large" industrial parcels is limited. SITE PLANIPRELIMINARY PLAT The preliminary plat depicts the subdivision of Outlot A, Edenvale 9th Addition into two lots. Lot 1, containing 7.675 acres is the proposed location of Metro Printing. Lot 2, containing 12.478 acres is reserved for future development. Both lots meet City code requirements. The site plan depicts the construction of the Metro Printing office/manufacturing facility in two phases. Phase 1 is a building consisting of 45,955 sq.ft. on 7.675 acres at a 12.5% B.AR With expansion to 72,455 sq.ft., the B.AR would increase to 21.5%. The Industrial Zoning District pennits up to a 30010 B.AR The building meets the requirements of the 1-2 zoning district and the Shoreland Ordinance. 2 \I. c... -12-.. Parking requirements for both phases of Metro Printing's development is 170 parking spaces which the site plan depicts. Phase I parking to be constructed is 88 spaces with an additional 37 spaces designated as proof-of-parking. Proof-of-parking is appropriate when the building owner can demonstrate a parking need that is less than the code requirement. In this case, Metro Printing has a maximum shift size of 50 employees which leaves 38 spaces for customers and shift overlap. The minimum setback requirement to parking along Valley View Road is 50 feet. Metro is proposing a setback along Equitable Drive of25 feet which is allowed by City code. Parking and loading areas are screened according to code. GRADING Elevations on this site mnge from a high point of 899 along Valley View Road to a low point of 830 within the Purgatory Creek floodplain. Due to the amount of grade change on this site, significant grading is necessary to construct the building, parking areas and the NURP pond. The benning around the perimeter of the site will not be affected with this development. To construct the NURP pond, a maximum cut of approximately 10 feet and a maximum fill amount of approximately 4 feet is needed. A 2.5 to 1 slope is proposed along the rear of the site, with a fifty foot elevation change. This slope is proposed to be stabilized with a wood-fiber blanket and seeded with a "natural" ground cover. The developer shall provide the City with a detailed soils report, assessing the existing soils for stability of the proposed 2.5 to 1 slopes and developing an implementation plan for construction and restoration of the slopes. UTILITIES Utilities will be provided by connections made to existing sewer and water service in Equitable Drive. Stonn water runoff is proposed to be collected in a catch basin system within the project and discharged into a NURP pond within the conservation area next to Purgatory Creek. CONSERVATION EASEMENT With the original PUD, a standard conservation easement (see Attached) was placed over the Purgatory Creek floodplain and adjacent slopes to preserve the area in it's natural state. This easement was established based on the Purgatoty Creek Conservation Area Study and is an easement of between 200 and 250 feet from the creek. Because most of the sites adjacent the creek have not been developed, the conservation area has remained in it's natural state. The original PUD was designed based on 1982 guidelines that did not include the requirement for NURP ponding. Because of that, there is no place on the property to construct a NURP pond and still allow for standard development. Considering that the encroachment into the conservation area is a pond and that the site will be restored with natural vegetation, construction of a NURP pond in this area may be acceptable. Even with this construction, the conservation easement would remain over the property in it's current location and no additional land alteration would be allowed in this area without written approval of the City as stated in the original easement document. 3 V.C. -13 BIDLDING ARCHITECTURE There are three architectural requirements that impact the colors and exterior materials used on the building. These are: 1. City code requirement which would permit the use of decorative concrete as an acceptable building material in the 1-2 District. 2. City code requirement for architectural compatibility with other buildings in the area. 3. A PUD design framework manual approved with the original Planned. Unit Development for brick, glass, stone or an equivalent. The building as proposed is 69% concrete panel and dryvit and 31 % brick and glass. The building, as proposed, can be considered consistent with City code and the PUD based upon the following: 1. The color selection is similar to the adjacent buildings within the PUD. 2. Brick is used as a primary building material on the north (75%) and east (42%) elevations that relates to the use of brick on other buildings across Equitable Drive. 3. The aggregate panel and dryvit on the building faces primarily west and south so the exposure to Valley View Road and Equitable Drive will be mostly brick and glass. 4. The building design is not typical for an industrial building. Use of glass, building jogs, brick detailing and special color banding add interest to the building, making it less industrial looking. 5. Recent developments in the PUD (Anagram and MN Plastics) have been constructed with material percentages of approximately the same as this proposal. MECHANICAL EQUIPMENT SCREENING The City code requires that mechanical equipment be screened with a metal panel of materials and colors to match the building. Screening is proposed to be a pre-finished metal panel. Staff recommends that the mechanical units be grouped in as close of a location as possible and screened with a continuous metal panel around the exterior of the area. LANDSCAPING Phase 1 landscaping requirements are 262" based on square footage for a single story building over 20 feet in height and 24" of tree replacement for a total of286. Credit is given to existing tree plantings which reduces the tree requirement to 238.5". The landscape plan shows 218.5". There is room to provide the 4 V.c..-1t1 required 20 additional inches as landscaping by the NURP pond. These additional plantings shall be representative of native plants in the area. This would help restore the conservation area. An additional 166" is required for Phase II. SIDEWALKS AND TRAILS There is an existing 5' wide concrete sidewalk along the south side of Equitable Drive arid Valley View Road. The plans shall be revised to show a sidewalk connection from the existing building to this sidewalk system. In addition, there is an 8' wide trail along Purgatory Creek that is part of the overall approved trail system for the 100 acre PUD. This trail must be relocated due to the construction of the NURP pond. The relocation of the trail and any restoration of the site is the responsibility of the developer. LIGHTING Lighting for this project should be of similar design and type to the existing lights throughout the PUD. This would be a 20' high, downcast, cutoffluminar (shoebox) design. The proposed lighting standard is 30' high. The plans shell be revised to reduce the lighting height to 20'. STAFF RECOMMENDATIONS The staffwould recommend approval of the request for PlaImed Unit Development Amendment on 20.15 acres, PlaImed Unit Development District Review on 7.675 acres, Comprehensive Guide Plan Change from Office to Industrial on 7.675 acres, Zoning District Change from Community Commercial to 1-2 on 7.675 acres, Site Plan Review on 7.675 acres and Preliminary Plat of20.15 acres to two lots based on revised plans dated December 6, 1994, subject to the recommendations of the Staff Report dated December 9, 1994, and subject to the following conditions: 1. Prior to City Council review, proponent shall: A. Modify the landscaping plan to provide an additional 22 caliper inches. This shall be located by the NURP pond to help restore the conservation area. B. Modify the site plan to provide a sidewalk connection from the building to the sidewalk along Equitable drive. C. Modify the lighting plan to reduce the height of the poles from 30' to 20'. D. Provide samples and colors of exterior materials and mechanical equipment screening for review. 5 \l.C.-IS- 2. Prior to final plat approval, proponent shall: A. Submit detailed stonn water runoff, erosion control and utility plans for review and approval by the City Engineer. B. Submit detailed stonn water runoff and erosion control plans for review and approval by the Watershed District. 3. Prior to grading permit issuance, proponent shall: A. Provide the City with a detailed soils report, assessing the existing soils for stability of the proposed 2.5 to I slopes and developing an implementation plan for construction and restoration of the slopes. 4. Concurrent with building pennit issuance, proponent shall pay the appropriate cash park fee. 5. Any building expansion will be required to go through the Site Plan Review process. 6 V.C.-lb I .• j mesota Department of Transpol _ ..• ion Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 December 29, 1994 Don Uram Planner Community Development Department City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Don Uram: SUBJECT: Preliminary Plat Review Metro Printing Incorporated South of CSAH 39, West of Equitable Drive Eden Prairie, Hennepin County CS 2785 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Metro Printing Incorporated preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. Mn/DOT's plans for future highway construction will not effect this site. This site has no apparent impact on the regional transportation system, therefore we have no further comments regarding this proposal. If you have any questions regarding this review please contact me at 582-1386. Sincerely, f) c~ ~ LlIL~//L :?x7!J P\..k-<! U Ruth Ann Sobnosky Principal Transportation Planner c: Pete Tulkki, Hennepin County Survey Division Les Weigelt, Hennepin County V, c., -17 An Equal Opportunity Employer 506077( Cor'/~.s T; "r/s:S~$$';'.;o -L'o""O' r. CONSERVATION EASEMENT C t::1 ~"..,;._. -:x;~". -f'/t./ ,c- ?/.:r ... n /:..:..;; -eTid-J: .ST~T; pEE~ TAX DUE. $ Exempt /-Z-i This indenture made this /7& day of d?r;/ . 1985 by and between Equitable Life Assurance Society of the United States, a New York corporation, ("Grantor"), and the City of Eden Prairie, a Minnesota municipal corporation ("City"). RECITALS 1. Grantor is the owner in fee simple of the real property legally described in Exhibit A, which is attached hereto and incor- .porated herein by this reference (the "Conservation Area"). 2. Grantor and City wish to enter into an agreement which will grant to City an easement for conservation and preservation of the terrain and vegetation of the Conservation Area and to prohibit certain acts destructive thereof. AGREEMENTS. The parties agree as follows: 1. Grantor hereby grants, bargains, sells, and conveys to City and its successors and assigns an easement in, under, on and over the Conservation Area (the "Conservation Easement"), and City hereby accepts the Conservation Easement. 2. The Conservation Easement is granted and accepted subject to the ~ollowing terms and conditions: A. The Conservation Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted upon the Conservation Area, and no trees, shrubs, or other vegetation shall be removed from the Conservation Area without the prior written consent of City. v. C. -18 1 - ( , I B. No building, road, sign, bil~board, utility or other man-made structure shall be placed in the Conservation Area without the prior written consent of City. - C. No trash, waste or other offensive material, s.'Olid or landfill shall be placed upon or within th~ Conservation Area without the prior written consent of the City. D. No change in the general topography of the Conservation Area 1andscapa, including but not limited to excavation, dredging, movement or removal of soil, shall be made without the prior written consent of the City. E. The duration of the Conservation Easement is perpetual. 3. This agreement shall bind and insure the benefit of the parties, their successors and assigns. 4. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Conservation Area. Vee. -19 2 Its __________ ~~~----~ '~ By H., crP";t 12'"(\.a,1O '!!" I < 'Ev-elyn 1:"Emanue e Its 1,""'0' -= I:~'r'~ S('l~retary Manager ( STATE OF C:re.O '("",)0, a COUNTY OF \=u \ +0 n The foregoing instrument was acknowledged before me this to +h V:~e Pre3idan"t day of Na~Gh , 198~, by \D~\\:1d) t. ~oq~y, tne._______ and Eve~ T. Emanuele _ .. ~.~t....:.l:t SecretaI'l -:;h. ,.1>y---------, the ___________ , of Equitable Life ..;-';':>': .1' ':~~;:'",' :-:, .. : ... ···~ .... ~:1!~~ur.ance Society of the United States, a New York corporation, on • \~ i;,. \, ~ I,~, . ,\ ••••••• I)~,- :." .::..... .t~ ~·e~al_f of the corporation . • •. ~~l'; .. -. ::-: ",'(J ." ~cC'" 0, ~ ,.~ ~ .. _0: \,. ... : <?. (): t : : : . ; '.' \. : ( ; __ ...... ---~~ \7--.: ::..,'.' . e. p U p·1 .... 1...... :' • ,...... • ,_ 6 • • 10. • -', ~,,~~:·: .. ····:St-Art OF MINNESOTA) ··~'I .. fvfJ\.~~:'.J'· "'1""'~-;:\9~'~"~ . ) S s ·COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this J Z/-J, day of A-rJc,'! , 198 S-, by Gary D. Peterson, the Mayor, and II Carl J. Jullie, the Manager, of the City of .Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. ~~., d~ .. ~ v. c.. -ZO 3 ' .. .. EXHI BIT A That part of Outlots A and B, Edenvale 9th Addition, according to the recorded plat thereof lying westerly, southwesterly and southerly of the following described line: : Commencing at the most westerly corner ot" said Outlot A; thence North 50 degrees 12 minutes 52 seconds East, along the northwesterly line of said Outlot A, a distance of 204.24 feet to the point of beginning of the line to be described; thence South 42 degrees 15 minutes 47 seconds East a distance of 419.00 feet; thence South 17 degrees 22 minutes' 27 seconds East a distanc~ of 170.79 feet; thence South 85.00 feet; thence South 13 degrees 14 minutes 26 seconds West a distance of 104.79 feet; thence South 29 degrees 16 minutes 53 seconds West a distance of 122.67 feet; thence. South 20 degrees 45 minutes 39 seconds East a distance of 327.25 feet; thence North 80 degrees 18 minutes 40 seconds East a distance of 166.37 feet; thence South 50 degrees 15 minutes 34 seconds East a distance of 563.11 feet; thence North 77 degrees 06 minutes 49 seconds East a distance of 278.00 feet; thence South 66 degrees 48 minutes 05 seconds East a distance of 106.62 feet; thence South 56 degrees 39 minutes 33 seconds East a distance of 227.43 feet; thence South 80 degrees 10 minutes 55 seconds East a distance of 105.55 feet; thence North 72 degrees 04 minutes 47 seconds East a distance of 211.25 feet; thence South 49 degrees 38 minutes 08 seconds East a distance of 131.24 feet; thence South 37 degrees 08 minutes 04 seconds East a distance of 84.78 feet to the southerly line of said Outlot B and there terminating. V.c.. -2 \ 4 December 12, 1994 A brief bio of Metro Printing, Inc. • • Metro Printing, Inc. 9675 Hamilton Road Eden Prairie, MN 55344 Fax 612/941-8941 Telephone 612/941-7377 METRO Metro Printing is a full service printing company that has been located in Eden Prairie for over 20 years. Metro employs approximately 85 people over three shifts. We own and occupy a building on Hamilton Road of approximately 26,000 square feet and lease approximately 3,000 square feet of warehouse space next door. Our present building does not provide adequate expansion for future growth, so we have been exploring land and building sites for the past few years. We have put a priority on staying in Eden Prairie. We like Eden Prairie. We have been successful here and our hope is to continue our success as a part of this community. We feel the Edenvale site is one of the few land sites in Eden Prairie that provides us the opportunity for future growth and a permanent home in Eden Prairie. We hope you also see this site as an opportunity for Eden Prairie and Metro to continue their partnership in growth. Thank you for your consideration. v.c.. .... Z2.. PHONE NO. ~ STATE OF !NJ~~~©LJ~ DEPARTMENT METRO WATERS -1200 772-7910 OF NATURAL RESOURCES WARNER ROAD, ST. PAUL, MN 55106 FILENO. November 21, 1994 Don Uram, Planner City of Eden Prairie Community Planning Department 8080 Mitchell Road Eden Prairie, MN 55344 RE: Metro Printing, Purgatory Creek, City of Eden Prairie, Hennepin County Dear Mr. Uram: We have reviewed the site plans (received November 16, 1994) for the above-referenced project (Section 10, Tl16N, R24W) and have the following comments to offer: 1. The project site does not contain any Public Waters or. Public Waters· Wetlands; therefore, . no. DNRpermi t is .. required. 2. It appears that most of the stormwater is routed through settling basi.ns,which is good. .we would object to havingtbe stormwater routed directly to Purgatory Creek. ~ 3. The 100-year flood elevation of Purgatory Creek appears on the plans, which is good. All the work that is done for this project must comply with applicable floodplain regulations of both the city and the Riley-Purgatory-Bluff Creek Watershed District. 4. Purgatory Creek has a shoreland classification of General Development in the city's ordinance. The shore land district extends 300 feet from the top of the bank, or the. width of the floodplain, whichever is greater. The development must be consistent with the city shore land management regulations. The city is in the process of updating its shoreland management ordinance to be consistent with the 1989 version of state guidelines. No work is being proposed within the shoreland district of Purgatory Creek. . . 5. 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 Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. V·C-... 2.3 AN EQUAL OPPORTUNITY EMPLOYER b. If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit. You are advised that it typically takes approximately 60 days to process the permit application. c. If construction activities disturb more than five acres of land, the contractor must apply for a stormwater permi t from the Minnesota Pollution Control Agency (Scott Thompson @ 296-7203). d. The comments in this letter address DNR -Division of waters jurisdictional matters and concerns. These comments should not be construed as DNR support or lack thereof for a particular project. Thank you for the opportunity to comment. Please contact me at 772-7~10 should you have any questions regarding these comments. Sincerely, &h~Jj.~ I J~e 'RiChter Hydrologist JR/cds c: Riley-Purgatory-Bluff Creek WSD, Bob Obermeyer u.S. Army Corps of Engineers, Joe Yanta Eden Prairie Shoreland File Eden Prairie Floodplain File V. (. -z t.f HennePin County November 21, 1994 Don Uram, Planner City of Eden Prairie Community Development Department 8080 Mitchell Road Eden Prairie, MN 55344 RE: Proposed Plat -Metro Printing CSAH 39, southwest quadrant CSAH 39 and Equitable Drive Section 10, Township 116, Range 22 Hennepin County Plat No. 2202 Review and Recommendations Dear Mr. Uram: Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: • The existing 60 feet of right of way from and along the CSAH 39 centerline is sufficient. No additional right of way is required at this time. • All access from the plat to CSAH 39 must be via the existing City street system. Hennepin County will not permit new access to CSAH 39. • All proposed construction within County right of way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to access, drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for appropriate permit forms. • The developer must restore all areas, within County right of way, disturbed during construction. Please direct any response to Doug Mattson. Sincerely, d~tJ(J~--· - Thomas D. ~;nson, P.E. Transporta t inn Pl ann i ng EnqJnear. k Department ofPllu Ie Wor s TDJjDBM 320 Washington Avenue South. Hopkins, Minnesota 55343-8468 (612) 930-2670 FAX: (612) 930-2513 TDD:(612) 930-2696 V.C-. -2 S Recycled Paper EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1-17-95 SECTION: PUBLIC HEARINGS ITEM NO. V.D , DEPARTMENT: ITEM DESCRIPfION: Community Development Chris Enger BROICH ADDITION Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Resolution for Preliminary Plat on 3.21 acres into 2 lots. Background: The Planning Commission voted unanimously to approve the 2 lot subdivision at the December 12, 1994 meeting. Supporting Reports: 1. Staff Report dated December 9, 1994 2. Planning Commission Approved Minutes of December 12, 1994 3. Resolution for Preliminary Plat V. D. - l CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. BROICH ADDITION RESOLUTION APPROVING THE PRELIMINARY PLAT OF BROICH ADDITION FOR ROBERT AND JEAN BROICH BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Broich Addition for Robert and Jean Broich dated December 5, 1994, consisting of 3.21 acres, a copy of which is on ftle 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. ADOPfED by the Eden Prairie City Council on the 17th day of January, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk V. D. -z., P\o.t\t\ij ~""; •• io" fJ\i"' .... \e,'" Oe.c;8Mb .. " \ 'Z. I I qq '"' B. BROICH ADDIDON by Robert and Jean Broich. Request for Preliminary Plat of 3.21 acres into 2 lots. Location: 9041 Sunrise Circle. Franzen stated that this is a piece of property that's zoned RI-22. Typically, simple subdivisions are reviewed administratively, but since there has been a lot of history on this property with regard to access and subdivision of adjacent land, Staff felt that a Public Hearing was necessary. Franzen introduced Robert and Jean Broich to the Planning Commission. Robert and Jean Broich. 15431 Villaee Woods Road. stated that they would like to divide the property into two lots and build a house there. They want to put a driveway in off Mitchell Road that will come up behind their house and enter into the garage. They have lived in Eden Prairie for 14 years and have been looking for a big lot for a long time. They hope very much that this plan takes place. Foote expressed concern of where the driveway on Mitchell Road is going to go. Franzen replied that Staff started to look at the road access into this area back in 1988 while planning Mitchell Road. Road access was visited again in 1992 when a sewer/warer improvement project was planned for the area. An agreement with adjoining land owners on road locations could not be reached, so a decision was made to put the utilities on the Broich site. The location of the utilities and the accompanied easement would not preclude a road from occurring over the easement, but would result in a plan which did not maximize development potential. A road to the east is still possible, but steep slopes would make it costly and an inefficient lotting pattern would result. Access to the Broich parcel is by driveway access to Mitchell Road. This has been approved by the City Engineer because it meets site vision distance. If a future road is not possible, the City Engineer has indicared that a second driveway access to allow further subdivision is also acceptable based on site vision distance. The only conditions of approval on this are standard cash park fees and the sewer and water connection charge. Sandstad stated that the plan looks routine and has no problem with it. Wissner stated that since there are no objections from the neighbors about future . develop~ent, s~e has no problem with the plan. MOTION 1: Sandstad moved, seconded by Foote, to close the public hearing. Motion carried 6-0-0. MOTION 2: Sandstad moved, seconded by Foote, to recommend to the City Council approval of the request of Robert and Jean Broich for Preliminary Plat of 3.21 acres into 2 lots based on plans dated December 5, 1994, and subject to the recommendations of the Staff Report dated December 9, 1994. Motion carried 6-0-0. V, D.-3 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: 10 I. Planning Commission Michael D. Franzen, Senior Planner December 9, 1994 BROICH ADDITION Robert and Jean Broich 9041 Sunrise Circle 1. Preliminary Plat of 3.21 acres into two lots. ~ 1\ I '. 1·1 " , , Staff Report Broich Addition December 9, 1994 BACKGROUND This site is currently guided Low Density Residential for up to 2.5 units per acre. The site is currently zoned RI-22. ACCESS In most situations a simple lot division which meets City requirements, like this, is reviewed and approved administratively. However, since this and adjoining lots are large and could potentially be subdivided, raises questions of densities and access. When the 1988 Boulder Pointe PUD was reviewed, the alignment of Mitchell Road was studied . and as part of this process, access to the land area to the south was analyzed. Road access was visited again in 1992 when a sewer/water improvement project was planned for the area. An agreement with adjoining land owners on road locations could not be reached, so a decision was made to put the utilities on the Broich site. The location of the utilities and the accompanied easement would not preclude a road from occurring over the easement, but would result in a plan which did not maximize development potential. A road to the east is still possible, but steep slopes would make it costly and an inefficient lotting pattern would result. Access to the Broich parcel is by driveway access to Mitchell Road. This has been approved by the City Engineer because it meets site vision distance. If a future road is not possible, the City Engineer has indicated that a second driveway access to allow further subdivision is also acceptable based on site vision distance. SUBDIVISION PLAN The proposed subdivision to divide 3.21 acres into 2 lots meet the minimum requirements of the RI-22 Zoning District. If the Broich parcel is further subdivided in the future, a variance would be needed because Sunrise Circle frontage would be less than 90 feet. The proposed driveway must meet the minimum 3 foot setback from the adjoining property line. The survey plan should be revised accordingly. GRADING AND TREE LOSS There are no significant trees on the property. There are a large number of planted conifer trees which are not subject to tree replacement. There is natural vegetation along Mitchell Road, \/. D. -5" Staff Report Broich Addition December 9, 1994 most of which is within City right-of-way. Replacement of non-significant trees removed by the construction of the driveway is not subject to tree replacement. STAFF RECOMMENDATION The Community Development staff would recommend approval of the preliminary plat into 2 lots based on plans dated December 5, 1994, and a Staff Report dated December 9, 1994 and subject to the following conditions: 1. Prior to building permit issuance, proponent shall: A. Pay the appropriate cash park fee. B. Pay for the required sewer and water connection charge of $7,400.00. v.D. -6 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1-17-95 SECTION: PUBLIC HEARINGS ITEM NO. V. E. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger CEDAR HILLS REGISTERED LAND SURVEY Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Resolution for Preliminary Plat on 196.27 acres into 4 tracts. Background: The Planning Commission fIrst reviewed this project at the December 12 meeting. The Planning Commission voted to continue the item until January 9 to allow time for the land owner and City staff to work out an arrangement for the removal of existing billboards on the property. The Planning Commission approved the RLS at the January 9 Planning Commission meeting subject to the recommendations of the Staff Reports from Community Development and Bob Lambert, Director of Parks, Recreation and Natural Resources. Variances for tracts A and D are necessary for lot size and dimensions and are supported by staff. The approval of this subdivision will allow for the sale of Tract B to the City as part of the park land acquisition referendum for preservation purposes. Supporting Reports: 1. Staff Report dated January 6, 1995 2. Staff Report dated December 9, 1994 3. Planning Commission Approved Minutes of December 12, 1994 4. Resolution for Preliminary Plat 5. Correspondence CEDAR HILLS REGISTERED LAND SURVEY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF CEDAR HILLS REGISTERED LAND SURVEY FOR LYNN L. CHARLSON BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Cedar Hills Registered Land Survey for Lynn L. Charlson dated January 12, 1995, consisting of 196.27 acres, a copy of which is on fIle at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of January, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk \j. E.-l.. C. CEDAR HILLS REGISTERED LAND SURVEY by Lynn L. Charlson. Request for Preliminary Plat of 196.27 acres into 4 tracts. Location: Spring Road. Franzen stated that Lynn Charlson is the legal owner of the property, and that Brett and Tracy Hope are here to speak on behalf of Mr. Charlson with regards to the request. The purpose of doing this subdivision is to allow for the property to be sold for the City. This is one of the choice sites the City has determined to be preserved as part of an extensive study done by a number of volunteers over the last couple of years. Franzen reviewed the Staff Report with the Planning Commission. There are variances for some small parcels, but these combined lots will be with adjacent property. Staff was asking for a written acknowledgement from the landowner regarding the issue of the billboard removal. Staff just received a letter this evening addressed to Bob Lambert about the removal of the signs. This is their official response to the City. Brett and TraCY Hope. 14700 Flyma: Cloud Drive. s~ted that he read the Staff Report. He agrees fully with everything but with the subdivision of the billboard. He does not agree on the removal of such billboard. . It came to him on Friday that the Staff Report indicated that the removal would be contingent upon approval for the plat. That's the first time it came up and it did not come up in negotiations. It is not a part of that property. It did not come up during the purchase agreement or the options. He does not feel it should be a part of the plat approval. Schlampp asked why is it costly to remove the billboard. Hope replied that they are an asset to any property and that's why it would be costly. Clinton asked if the billboard is on the property. Hope replied that it's· not on the property in question. Sandstad stated that the two billboards, which are subject to the Staff Report, are not on the property that is proposed. . 3 V.£.-3 Franzen stated that the billboards are closer to Highway 169. Staff is asking that a condition of the approval of the project is that the billboard would be removed as part of the plat approval. Sandstad stated that because it's off-site, how can the City acquire something on a property other than the property in question. Franzen replied that billboard removal issue has been studied by the City Council and the direction is to remove billboards when property is subdivided or rezoned. The last time this was done was for the Century Bank building off Highway 169. The billboard was taken down as a condition of the platting of the project. He said the City is spending millions of dollars to have an area preserved and the existing billboards although off-site have a visual impact on the property the City wants to purchase. Hope stated that he thinks it would be best if it was brought up during negotiations. He said their 10 year lease will be up in 1995 and would like to go on an annual lease basis so it could be reviewed when that property comes up for review for their development. Gary Smith. representin& the Airport Commission, stated that if the sole purpose of this land survey is to parcel out small parcels for incorporation into 9ther parcels, then the Airport Commission has no objections. He is concerned about whether there is going to be a larger platting of the remaining tracts. ( Kathleen Petron, 9782 Sprin& Road, asked for clarification in terms of how this proposed platting relates to what MAC might be doing with runway 9 right. Petron is concerned about what the connection is because she heard that if 9 right is extended, then her property would be one of those condemned and taken over because it has· to become airport property. Schlampp stated that they have no way of knowing whether MAC is ever going to extend it or not. This appears to be a critical issue and doesn't have to be done at this meeting. He suggested a continuance until the next meeting. Sandstad noted the large cooperation the City has had from Mr. Hope and Mr. Charlson on the long effort that the City participated in. He said he is not in favor of billboards. MOTION 1: Clinton moved, seconded by Schlampp, to continue to the January 9, 1995 meeting. Motion carried 6-0-0. 4 \/\ £: \ ~ l.\ STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT! FEE OWNER: LOCATION: . REQUEST: z !: .. =: .. ' -t.' Planning Commission Scott A. Kipp, Planner January 6, 1995 Cedar Hills Registered Land Survey Lynn L. Charlson East of Spring Road, North 9f U.S. Highway 169/212 1. Preliminary Plat of 196.27 acres into 4 tracts . FLYIHG c c. 0 u 0 AIRPORT VI' .. Staff Report Cedar Hills Registered Land Survey January 6, 1995 BACKGROUND This is a continued item from the December 12, 1994 Planning Commission Meeting. The City and the landowner have reached an agreement on the removal of the billboard signs. Refer to memo dated December 21, 1994 from Bob Lambert and letter dated December 20, 1994 from Brett Hope. The original requirement for removal of the signs as a condition of the RLS approval has been deleted from the Staff Report. SITE ANALYSIS The property consists of 196 acres of Rural zoned land. The Comprehensive Guide Plan depicts the property for Low Density Residential and Public Open Space use. The site is located east of Spring Road and Bluff Creek, and north of Highway 169/212. The purpose of the proposed RLS is to subdivide the property into four tracts for individual sale. Tract B, consisting of 50 acres, will be sold to Eden Prairie as part of the City's park land acquisition referendum approved earlier this year. Tracts A and D will be sold and combined to the adjacent landowners' property. This landowner has been using these sites for a number of years, and wants to purchase and formally combine them with his existing property. (See attachments.) The City Council, on December 6, 1994, authorized the sale of these Tracts to the landowner, since they are part of the overall property that was to be acquired by the City. PRELIMINARY PLAT The proposed RLS consists of 196 acres and will be subdivided into four tracts. The platting of tracts A and D in a Rural Zoning District will create certain situations that are not in compliance with City code and will need to have variances granted from the Board of Adjustments and Appeals as follows: 2 v,E.-6 Stafr Report Cedar Hills Registered Land Survey January 6, 1995 Tract A Minimum lot size of 10 acres Lot size of .2 acres Minimum lot width and depth of 300 feet Lot width of 132 feet Lot depth of 64.5 feet Minimum lot size of 5 acres Lot size of .2 acres for an abutting Shoreland lot Minimum lot frontage on a a feet frontage public street of 100 feet Tract D Minimum lot size of 10 acres Lot size of .63 acres Minimum lot width and depth of 300 feet Minimum lot frontage on a public street of 100 feet Lot width of 275 feet Lot depth of 100 feet a feet frontage Since it is the intent of the adjacent property owner to combine these two tracts with his overall property, the granting of the variances would have merit to help the owner clean up an existing situation. CROSS ACCESS An existing piece of property surrounded by this proposed RLS takes it's access across the property from Spring Road. It is not known at this time if a cross access easement has been recorded for this driveway. Prior to the release of the plat, the proponent shall verify that a cross access easement has been recorded for this purpose. 3 V. E. . -7 Stafr Report Cedar Hills Registered Land Survey January 6, 1995 ADVERTISING BILLBOARDS Two billboards, side by side, are located on the Charlson property which do not conform to City code. The billboards do not meet the required 2,000 foot spacing, nor were any permits issued for their use and construction. During 1986-87 the City Council studied the billboard issues within the City. It was found that many billboards were non-conforming, but requiring their removal would be costly. In 1987 the City Council's motion contained a direction for removal of billboards that do not conform to City or State regulations. This direction was further clarified to include, "... the elimination of present signs and no provisions for future signs ... ". Staff reviewed with the City Council, the process of requiring billboard removal as platting and zoning requests were received from landowners. Removal of billboards along the scenic Minnesota River Valley Bluff was important to the City, it's staff, and residents. The two billboards which are located adjacent to the land subject to this R.L.S., need not be resolved at this time. Staff has discussed billboard issues with the landowner's representative and the 12120/94 letter outlines possible courses of action. RECOMMENDATIONS The Planning Staff would recommend approval of the request to plat the Cedar Hills RLS of 196.27 acres into four tracts based on plans dated December 7, 1994, and subject to the following: 1. Prior to final plat approval, the proponent shall: A. Receive variances from the Board of Adjustments and Appeals for Tracts A and D, as identified in this report. B. Provide verification that a cross access easement has been recorded for the driveway that crosses the property of this proposed RLS. 4 V, E, -g MEMORANDUM TO: Planning Commission FROM: Bob Lambert, Director of Parks, Recreation & Facilities ~ DATE: December 21, 1994 SUBJECT: Advertising Billboards on Charlson Property BACKGROUND: Earlier this year, City staff approached representatives of the Lynn Charlson property for the purpose of acquiring approximately 55 acres of his property as part of a natural resources preservation effort. Mr. Charlson agreed to an option on the 55 acres designated as the fIrst priority by the Natural Resources Study Committee, under the conditions the City requested. Throughout the negotiations for this property, the removal of billboards on the Charlson property was not discussed, as the billboards were not located on the property being acquired by the City. Mr. Charlson has agreed that any future leases on the billboards will run on an annual basis, and upon approval of a subdivision or sale or gift of the property, the lease between Charlson and the Naegle Advertising Company would not be renewed upon the next annual date of expiration. Mr. Charlson did not approach the City requesting this subdivision of property, rather the City approached Charlson to acquire a portion of his property. His property cannot be sold to the City unless this subdivision occurs. RECOMMENDATION: The parks, recreation and natural resources staff recommend approval of the subdivision without any condition related to removal of billboards, and with the understanding that Mr. Charlson, or his representatives, have voluntarily committed to the terms proposed in the December 20 letter from Brett Hope, respresentative of the Charlson property. BL:mdd Bilffi/Bob Brett Hope 9735 Eden Prairie Road Eden Prairie, MN. 55347 Mr. Bob Lambert 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 12/20/94 Re: Advertising billboards located .7 miles west of Flying Cloud Airport and north of 169/212. Dear Bob- The removal of the billboards on the Lynn Charlson property, as stated in my letter to you dated 12/12/94, is not acceptable as a condition for final plat approval for Cedar Hills Registered Land Survey because of the following reasons: 1. The billboards are not located on the property being platted. 2. Billboard removal was not a condition of the option agreement nor the purchase agreement between the City and the property owner. Items 1,2, and 3, stated below, serve as written acknowledgment that independent of the Cedar Hills Registered Land Survey the following conditions will apply to the Naegle advertising billboards: 1. Future leases between Lynn L. Charlson {fee owner/lessor} and Naegle Outdoor Advertising Company {lessee} will be negotiated to run on an annual basis. 2. Upon an approved subdivision, sale or gift of the property underlying the billboards, the lease between Lynn Charlson and Naegle Advertising will not be renewed beyond the next annual date of expiration. v. £-lD 3. Upon an approved subdivision, sale or gift of the property underlying the billboards, any lease interest or structure interest held by Lynn Charlson will be transferred to the City of Eden Prairie to do with as it wishes, at no cost or liability to Lynn Charlson. Tracy and myself have and will be committed to the efforts of staff and the community to preserve the oak savanna. We agree to the conditions put forth in this letter as a good faith gesture that we can work toward common goals but unilateral extraction of assets is not acceptable. Sincerely- ~.......;zr ;¢/<- Brett Hope ~a{f}~ TracylIope 2 Brett Hope 9735 Eden Prairie Road Eden Prairie, MN. 55347 Mr. Bob Lambert 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 12112/94 Re: Advertising Billboards and the Oak Savanna Plat Dear Bob- I have read the Staff Report for the Cedar Hills Registered Land Survey and object to the removal of billboards recommended by staff for plat approval. The sole purpose for this subdivision is to create a parcel of land that the City, wishes to purchase as part of the last Park Bond Referendum. I object to the plat being contingent upon removal of the billboards for the following reasons: 1. The billboards are a $25,000 asset to the property owner. 2. The property is not being platted for a development. 3. The billboards are not part of the property being platted. 4. The billboards were not considered during negotiations for the Oak Savanna. 5. The billboards were not a part of the option agreement nor the purchase agreement between the City and the property owner. V.E. -l~ I offer the following to be considered in place of the Staff recommendation. 1. Future leases between the property owner and Naegle Advertising run on an annual basis. 2. The existence of the billboards should be determined as part of a development request. In summary I agree that the billboards are a blight but at the same time they are an asset. Currently we cannot develop the property but at such point that we can develop I will work with staff to see that the billboards are removed. At this point I do not feel it is right for an asset to be mandated after we have had good faith and amicable negotiations throughout the entire Oak Savanna process. Sincerely - ;f~~ Brett Hope V,E,-J3 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT! FEE OWNER: LOCATION: REQUEST: c ........... ..... au .-.. Planning Commission Scott A. Kipp, Planner December 9, 1994 Cedar Hills Registered Land Survey Lynn L. Charlson East of Spring Road, North of U.S. Highway 1691212 1. Preliminary Plat of 196.27 acres into 4 tracts. • • FLYING c c. 0 U 0 AIRPORT Staff Report Cedar Hills Registered Land Survey December 9, 1994 BACKGROUND The property consists of 196 acres of rural zoned land. The Comprehensive Guide Plan depicts the property for Low Density Residential and Public Open Space use. The site is located east of Spring Road and Bluff Creek, and north of Highway 169/212. The purpose of the proposed RLS is to subdivide the property into four tracts for individual sale. Tract B, consisting of 50 acres, will be sold to Eden Prairie as part of the City's park land acquisition referendum approved earlier this year. Tracts A and D will be sold and combined to the adjacent landowners' property. This landowner has been using these sites for a number of years, and wants to purchase and formally combine them with his existing property. (See . attachments.) The City Council, on December 6, 1994, authorized the sale of these Tracts to the landowner, since they are part of the overall property that was to be acquired by the City. PRELIMINARY PLAT The proposed RLS consists of 196 acres and will be subdivided into four tracts. The platting of tracts A and D in a Rural Zoning District will create certain situations that are not in compliance with City code and will need to have variances granted from the Board of Adjustments and Appeals as follows: Tract A Minimum lot size of 10 acres Minimum lot width and depth of 300 feet Minimum lot size of 5 acres for an abutting Shoreland lot Minimum lot frontage on a public street of 100 feet 2· V. E:. -\S- Lot size of .2 acres Lot width of 132 feet Lot depth of 64.5 feet Lot size of .2 acres o feet frontage Staff Report Cedar Hills Registered Land Survey December 9, 1994 Tract D Minimum lot size of 10 acres ··················1«········· Minimum lot width and depth of 300 feet Minimum lot frontage on a public street of 100 feet Lot size of .63 acres Lot width of 275 feet Lot depth of 100 feet o feet frontage Since it is the intent of the adjacent property owner to combine these two tracts with his overall . property, the granting of the variances would have merit to help the owner clean up an existing situation. CROSS ACCESS An existing piece of property surrounded by this proposed RLS takes it's access across the property from Spring Road. It is not known at this time if a cross access easement has been recorded for this driveway. Prior to the release of the plat, the proponent shall verify that a cross access easement has been recorded for this purpose. ADVERTISING BILLBOARDS Two billboards, side by side, are located on the Charlson property which do not conform to City code. The billboards do not meet the required 2,000 foot spacing, nor were any permits issued for their use and construction. During 1986-87 the City Council studied the billboard issues within the City. It was found that many billboards were non-conforming, but requiring their removal would be costly. In 1987 the City Council's motion contained a direction for removal of billboards that do not conform to City or State regulations. This direction was further clarified to include, "... the elimination of present signs and no provisions for future signs ... " . Staff reviewed with the City Council, the process of requiring billboard removal as platting and zoning requests were received from landowners. 3· Staff Report Cedar Hills Registered Land Survey December 9, 1994 Removal of billboards along the scenic Minnesota River Valley Bluff was important to the City, it's staff, and residents. Therefore, staff would recommend that prior to any flnal plat approval, the City would receive written acknowledgement from the land owner for the following: 1. Billboard leases will not be renewed beyond the present lease's expiration date in 1995. 2. The billboards will be removed within 30 days after the lease's expiration date. 3. The landowner will not object to the City removing the Advertising Sign Zone upon his properties along the north side of US Highway 169/212, and west of Flying Cloud Airport. RECOMMENDATIONS The Planning Staff would recommend approval of the request to plat the Cedar Hills RLS of 196.27 acres into four tracts based on plans dated December 7, 1994, and subject to the . following: 1. Prior to flnal plat approval, the proponent shall: A. Receive variances from the Board of Adjustments and Appeals for Tracts A and D, as identifled in this report. B. Provide verification that a cross access easement has been recorded for the driveway that crosses the property of this proposed RLS. C. Receive written acknowledgement from the landowner regarding the issue of billboard removal, as identifled in this report. 4· VI E. -)7 / MEMORANDUM TO: Parks, Recreation, Natural Resources Commission FROM: Bob Lambert, Director of Parks, Recreation & Facilities ~ DATE: November 28, 1994 SUBJECT: Request from Sever Peterson REQUEST: Attached to this memorandum is a letter from Sever Peterson, 15900 Flying Cloud Drive, requesting the City Council consider allowing him to acquire two small parcels of property from Lynn Charlson which abut his homestead property. The request is made to the City of Eden Prairie because the City currently has a purchase agreement with Lynn Charlson on property that includes the two parcels Mr. Peterson would like to acquire. The two parcels are part of the 55 acre natural resource site that will be acquired from Lynn Charlson for purposes of preserving native prairie and oak savannah. Also attached to the letter is a copy of a map depicting Mr. Peterson's homestead site and the two parcels Mr. Peterson would like to acquire. RECOMMENDATION: City staff recommends the Parks Commission and the City Council approve Mr. Peterson's request to allow him to acquire both parcels. Parcel #1 juts into the Peterson homestead and, in fact, is surrounded on three sides by the Peterson homestead. This property is mostly a wooded parcel. By allowing Mr. Peterson to acquire this parcel, it squares off the property line. Parcel #2 is located immediately east of the Peterson house and is a hillside used by the Petersons for approximately 60 years. The Petersons were under the understanding that their property line began at the fence and continued westerly. The property is torrens property or the Petersons would most likely have a very good case for adverse position, as they have used this property as part of their farm homestead for many years. Due to the type of use both parcels have received because of the proximity. to the farmstead, neither site contains native prairie nor oak savannah. The first parcel is approximately .19 acres and the second parcel is approximately .66 acres, thereby reducing the cost of the Charlson property by approximately $17,125. Mr. Peterson has also requested the City consider selling a third parcel north and east of his farm site to straighten the property lines. This parcel contains approximately 1.61 acres and extends further up the hill to the north and east. City staff does not recommend allowing Mr. Peterson to acquire that property, as that does get into the type of property "the City is trying to preserve. VI E I -)<6 If the Council authorizes Mr. Peterson to acquire this property, staff would recommend that Mr. Peterson acquire the property from Mr. Charlson at the same time or prior to the City acquiring the Charlson property. As this is torrens property, Mr. Charlson will be platting this portion of his property to describe these various parcels for the purpose of this sale. If negotiations between Mr. Peterson and Mr. Charlson delay the sale of the Charlson property to the City beyond January 15, 1995 staff would recommend the City acquire the entire site. BL:mdd SeverPlBob ""! .:-," . .. 1/-/5'-?~ , ... ( 1----..... j -------:----.--;-----n--: . ..:~ . .:..---.--.-.'.:.. --------.------.. -_.---.. -. -.-.. ---.. '-"--'---' ---------- . . -. ---------.-----.. ;---dlt? 4.1--HI e..e::h;'J _,:~ _-;>' ~_ .. R;e e.. _jJ).".4y j/:: z-'t.r ~---_··~-L;f~-_&e£. g~ . _~~.~ f4~~--;~·~ -::;kQ-;;=fi1 <>-1" . . ' ,," .. i.. ',' / '. .' . ....., ~ . . --'---'--fwr..:tg.-7t)0--~;"'~~ -==~.==-. . .. -~~-=---... -... -----.-. -.-., .c-.=_ .. '·~·-···~---i iI ---.--~~-~. ._._ . .:..~_c:_: --":'.-/--~-.... ' , ". 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' " ~, -------~ i ----------_._-_._---------------_. __ ._----._----_._----_. ------.----- I -----+----------_._--_._----------------:--------_. -~ -------____________ ~:s; t.=:<!?-I=d7r----------- -----------i---.---.--------.-.------.. -.---~---. .-.(}-~--. -... -.. --.~---.... --~ _ . -I ---' --.----------------_______ ~..t;?-.. ~-£--~;..~~--- I I -------------_._----------------------------- -----'------------------: i -____ I ---------_._----_._---------_._-----I . . ---------------.------_._---_.---' ----- --_. -.---------_._-------_._-- --+--1 ------.-------------------------------------------- I r------·--· ------,,--------- -----------------------------_._-----_. ------- ----------------~----------.------__ ---___ . ______ .. ___________ V,_£_. ___ =_Z_.L __ . _______ . __ . ____________________ _ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1-17-95 SECTION: PUBLIC HEARINGS ITEM NO. V.F, DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger ADVERTISING SIGN ZONE REMOV AL Jean Johnson Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of Ordinance eliminating Sec. 11.71 and amending Sec. 11.70. Background: Notices have been sent to affected landowners, landowners within 500 feet, and to three Naegele representatives. The Planning Commission at their 1-9-95 meeting, recommended adoption of the ordinance (4-3). Some Commission members questioned whether safety was an issue. Mike Cronin, representing Naegele, did not oppose the new ordinance but requested safety not be an issue in the action. No one else spoke. Supporting Reports: 1. Staff Report dated January 4, 1995 2. Attachments including existing code, inventories, and proposed ordinance v, +. .. I MEMORANDUM TO: Planning Commission FROM: Jean Johnson, Zoning Administrator THROUGH: Chris Enger, Assistant to the City Manager DATE: January 4, 1995 SUBJECT: Code Amendment to Repeal Section 11.71 and Amend Section 11.70 Advertising Sign Zones (Billboard Zones) SUMMARY For many years, billboards have not gained favorable approval because they compromise the City's aesthetics of natural resources and well planned buildings and sites. A billboard's purpose is to distract drivers and the City desires to improve safety along highways. Billboard numbers have been on the decrease since 1987 due to: • landowners removing permission. • developments on properties. • road widening. • Developer's Agreements. • Council action favoring removal of non-conforming billboards and not providing for any new billboards. Therefore, the following is recommended: RECOMMENDATION Recommend to the City Council elimination of Sec. 11.71 and amendment to Sec. 11.70, Subd.3,A.1. to eliminate the reference to non-accessory signs. BACKGROUND Regulations on advertising signs were adopted in 1971 (attachment I). Only 2 areas within the City had an "Advertising Sign Zone" designation. The two areas were: (1) a 200 foot wide strip along the north side of 1-494 from the east city limit west to Hwy. 169 and, (2) a 200 foot wide 1 v. r. -l.. Memo Code Amendment -Advertising Sign Zones January 4, 1995 strip along the northerly ~ide of Hwy. 169 (old 169-212), from the west city limits to east to the west line of Section 27. Attachment I. illustrates these 2 areas. Billboards that existed in the City at that time were located out of and in the new zones. In 1984, the City amended the zones to read, "At such time as properties within or immediately to the north of this zone are developed that status of this Advertising Sign Zone is to be reviewed by the Council." (for 1-494 zone), and" At such time as properties in or near this zone are reclassified from Rural Zoning District to any other zoning district that portion of the Advertising Sign Zone situated within 500 feet of the boundary of such new zoning district is revoked." (for old 169-212) In 1986, Naegele requested that the City amend its Code to allow new advertising sign zones along TH 5, Prairie Center Drive, Highway 169, etc ... and proposed a trade of some existing sites for these new sites. On August 4, 1987, the City Council took the following action on the request: MOTION: Pidcock moved, seconded by Harris, that City Council reaffirm the existing policy and require conformance by Naegele to existing agreements for removal of some billboards and request removal of certain other billboards which do not conform to City or State regulations and wait to see how the State Department of Transportation condemnation case is decided. Peterson asked if that means the elimination of present signs and no provision for future signs and Pidcock said "yes". Anderson said he goes along with the motion. Peterson said he strongly opposes the motion. The motion passed. BILLBOARD INVENTORY In 1986, there were 19 billboards in the City. Not all the billboards were in the appropriate zone, nor did they all conform to code regulations. (Attachment II illustrates the locations of the 19 billboards and their 1986 status.) Since 1986, then the following has occurred: 7/87 The Department of Transportation (State Highway Department) removed Billboard #4. Notice of Violation had been given to Naegele. Naegele 2 \/.+0"3 Memo Code Amendment -Advertising Sign Zones January 4, 1995 9/18/87 6/88 6/30/88 7/8188 8/25/89 5/90 6/11190-1991 Present did not remove the billboard so DOT removed the billboard. The vioiation was that the landowner (land purchased by the U.S. Fish & Wildlife) had removed their approval on DOT issuing a permit for a billboard. Billboard 19 was removed by landowner. Marriott Hotel requested Vantage to remove Naegele Billboard #15. The sign was removed because Marriott believed the sign obstructed view to and from the hotel. City sent a letter to Matt Nicols, Vantage, and copied Naegele, requesting removal of Billboards #14, #16, and #17 as per the 1984 agreement between the City and Vantage/Naegele. Vantage sent letter to Naegele requesting their response to City's desire to have agreement conformance. Billboards #12 and #13 were removed by MNDOT when 169 was widened. Billboard #14 was removed as construction began on Century Bank. Bank representatives informed Staff removal was a condition of their purchase agreement. Billboards #16 and #17 are subject to a settlement agreement recently concluded between Naegele and the City. Presently there are twelve (12) billboards in the City. Two (2) billboard structures are located along the north side of 1-494; five (5) billboard structures are along the south side of old U.S.169; and five (5) billboard structures are along the north side of old U.S. 169. Attachment ill illustrate the locations. PURPOSE OF THE PROPOSED ORDINANCE (attachment IV) When reviewing the application to expand billboard districts in 1986, the Council, Staff and 3 V. F. -t..J Memo Code Amendment -Advertising Sign Zones January 4, 1995 residents who opposed e~pansion of billboards discussed the following reasons why billboards were unnecessary: 1. Aesthetics The City takes pride in its approved buildings, landscaping, and the natural features of the City. Billboards block the architectural forms and natural features. The City'S buildings, woods, lakes and bluffs should not compete with billboards. 2. Safety Billboards are designed to distract drivers and passengers in order to convey their message. (The State Patrol and Eden Prairie Police Department have designated old 169 as an accident reduction zone. Many things need to be accomplished to reduce the high number of accidents along this route. Removal of billboards will further that goal. 3. Further (existing code) and the Council action of 1987. The code amendment adopted in 1984 (refer to background) envisioned the removal of zones as property developed. The Council action in 1987 was for no provision for future signs. 4. Achieve conformance to Zoning Code/Comprehensive Guide Plan. The area along old 169 is zoned Rural and guided low-density residential. Billboards are inconsistent with rural/residential areas. In regard to the 2 billboards remaining along 1-494, the easterly billboard is on a vacant rural zoned lot (guided office), and the westerly billboard is on rural land (guided as Public Open Space/Park and designated as open space in an executed Developer's Agreement. Both of these billboards are to be removed as per agreements. 5. Bluff Preservation and Image City Commissions, Council, and the recent referendum, have communicated the message that the bluffs along 169 are worthy historically and aesthetically of preservation. Billboards do not blend with that goal. 4 v.+. -5 Memo Code Amendment -Advertising Sign Zones January 4, 1995 6. Prevent New Permit Applications Eliminating the Advertising Sign Code will prevent new billboard permit applications. The billboards along old 169 are deteriorating and new structures should not be erected. 7. Media Alternatives Multiple avenues for advertising exist today: radio, television, cable, paper, magazines, toilet doors, etc. The advertising industry will continue to prosper. Removal of the advertising sign zone does not require the immediate removal of the billboard structure. Staff will continue to work with landowners and developers on the removal of billboards. And as evident by removals required by Marriott and Century Bank, the development on a site can be the reason for removal. SUMMARY For many years, billboards have not gained favorable approval because they compromise the City's aesthetics of natural resources and well planned buildings and sites. A billboard's purpose is to distract drivers and the City desires to improve safety along highways. Billboard numbers have been on the decrease since 1987 due to: • landowners removing permission. • developments on properties. • road widening. • Developer's Agreements. • Council action favoring removal of non-conforming billboards and not providing for any new billboards. Therefore, the following is recommended: 5 v. l=". -~ Memo Code Amendment -Advertising Sign Zones January 4, 1995 Therefore, the following.is recommended: RECOMMENDATION Recommend to the City Council elimination of Sec. 11.71 and amendment to Sec. 11.70, Subd.3,A.1. to eliminate the reference to non-accessory signs. BARBIJEANIMEMOS\ADSIGN.PC 6 V. +, -7 4. With respect to campaign signs. as defined in Subd. 3.H. herein. the written notice of violation required by Subd. 5.E. herein may be given to the person or committee who prepares. disseminates. issues. posts. installs or owns the sign. or the persons or committee who causes the preparation. dissemination. issuance. posting or installation of the sign. or the owner or occupant of the premises on which such sign is displayed. If such person. committee. owner or occupant fails to remove or alter the sign so as to comply with the provision set forth in this Section within 3 days follo\Ying receipt of said notice. then such failure is deemed unlawful and such persons. committee. owner. or occupant shall be subject to the same liabilities and penalties as are permittees and owners under Suhd. 5.E. 1. and t. (Prev. Ordinance No. 105-84 Effective Date: 9-20-84) Subd. 6. Non-Confonning Signs A. Any non-conforming temporary or portable sign existing on the effective date of this Section shall be made to comply with the requirements set forth herein. or shall be removed within 60 days after the effective date of this Section. B. Source: City Code Effective Date: 9-17-82 A lawful sign on the effective date of this Section or of amendments thereto that does not conform to these provisions shall be regarded as a non-conforming sign. Except for directional signs for churches. schools. or publicly owned land or buildings. non-conforming use of which is governed by Section 11.70. Subdivision 4. Subparagraph 1. Item 5. such signs may be continued in use when properly and safely maintained for a period of six years from the date of enactment of this Section or from the date of any amendments thereto which cause a sign to become non-conforming. At the end of the six years they shall be made to conform with the provisions of this Section or they shall be removed by the owner. Source: Ordinance No. 37-83 Effective Date: 9-30-83 (Prev. Ordinance No. 261) Effective Date: 10-25-74) SECTION 11.71. REGULATIONS AND LICENSING ADVERTISING SIGNS. Subd. 1. Definitions. The following terms. as used in this Section. shall have the meanings stated: 1. "Sign" - A name. identification. description. display. illustration. structure. or device which is affixed to or painted. or represented directly or indirectly upon a building or other surface not within a building and which directs attention to an object. product. place. activity. person. institution. organization. or business. 2. "Sign Area" -The entire area within a single continuous perimeter enclosing the extreme limits of such sign. exclusive of embellishments. and in no case. passing through or between and adjacent element; however. such perimeter shall not include any structural elements lying outside of such sign and not forming an integral part of the display. 11-102 ! ..................... ATTACHMENT I 3. ·Sign Advertising· - A sign which directs attention to a business or profession or to the commodity, service or entertainment not sold or offered upon the premises where such sign is located or to which it is attached. Subd. 2. Advertising Sign Zones A. No advertising sign shall be permitted except in a location which the Council has designated as an • Advertising Sign Zone·. Advertising Sign Zones may be established by the Council in the same procedural manner as prescribed for amendments to Section 11.78. No advertising Sign Zone shall be established until and unless the Council shall fmd as follows: (1) the establishment of the Advertising Sign Zones shall serve to assist in achieving the objectives of Section 11.01 and the purposes of the zoning district within which the zone is situated; and, (2) the erection of advertising signs within the Advertising Sign Zones will not visually interfere with the view between any public street, highway or property or any residential zoning district, and a place of significant scenic quality such as a lake, river valley, park or moraine. In establishing an Advertising Sign Zone the Council may adopt whatever special conditions it deems are appropriate in order to achieve the objectives and purposes of this Chapter. (Prev. Ordinance No. 152 Effective Date: 5-7-71 B. The following areas are hereby designated as Advertising Sign Zones subject to the stated special conditions: Source: City Code Effective Date: 9-17-82 1. A strip of land 200 feet in depth extending along the northerly side of State Highway #169 and bounded on the west by the City limits and on the east by the west line of Section 27, Township 116, Range 22. At such time as properties in or near this zone are reclassified from Rural Zoning District to any other zoning district that portion of the Advertising Sign Zone situated within 500 feet of the boundary of such new zoning district is revoked. Source: Ordinance No. 137-84 Effective Date: 1-17-85 2. A strip of land 200 feet in depth extending along the northerly side of Interstate 494 and bounded on the east by the City limits and on the west by Highway #169. At such time as properties within or immediately to the north of this zone are developed that status of this Advertising Sign Zone is to be reviewed by the Council. . Subd. 3. Pennits. (prev. Ordinance No. 159 Effective Date: 8-6-71) A. It is unlawful for any person to erect an advertising sign, or have an advertising sign erected on his property without there first having been obtained a permit to do so from the City Manager or his designated representative. The person erecting the sign shall make application for a permit in the manner prescribed by the City Manager and shall submit written proof of a valid lease to said property. The Manager or his representative shall investigate both the proposed sign and the location at which it is proposed to be erected. The Manager shall issue the permit upon making the following findings: 11-103 v . .:r: -9 1. An advertising sign permit fee of $50.00 for advertising signs of less than 300 square feet and $200.00 for those in excess of 300 square feet has been paid. 2. The advertising sign is to be erected within a designated Advertising Sign Zone arid conforms to all conditions attached to such designation by the Council. 3. The advertising. sign area does not exceed 700 square feet. 4. The width of the advertising sign including extensions does not exceed 55 square feet. 5. The height of the advertising sign excluding extensions does not exceed twenty-five feet (25') above the undisturbed ground upon which it is erected. Signs of greater height may be permitted provided their height does not exceed twenty-five feet (25') above the grade level of the highway from which it is to be viewed. An extension of not more than 76 square feet of area may project not more than 5'6W above the height of the basic sign face provided such extension does not encompass more than 25 % of the top perimeter of the sign. Extension surfaces shall be an integral portion of the main sign face. Top letters or surfaces separated from the main sign-face shall not be permitted. 6. The advertising sign is affixed to any part of a building or unrelated structure does not project above the top or roof of such structure. 7. The visible face of the advertising sign is not within 500 lineal feet of a limited access thoroughfare acceleration, deceleration, ramp, merge, intersection, or directional or land change facility, or within 200 feet of such a facility on any other type highway. 8. Not more than one advertising sign facing is visible within 2,000 feet of contiguous roadway length on a major limited access thoroughfare (61-70 mph); not more than one advertising sign facing is visible within 1;000 feet of contiguous roadway length on all remaining streets and roads. 9. The advertising sign is to be erected in a location which utilizes available higher terrain or tree cover as a backdrop for the sign. 10. The advertising sign is not to be erected upon a land prominence so as to unnecessarily protrude into the natural skyline as viewed from the adjacent highway. 11. The advertising sign does not contain any moving, flashing or similar distracting devices. 12. The advertising sign is structurally sound, does not include any unnecessary upright support structure and is constructed of materials that require little or not maintenance. 13. The advertising sign is not located within the required minimum yards prescribed by this Chapter for the zoning district in which the sign is situated. B. In the event the City Manager does not make the required findings he shall advise the applicant in writing that the permit has been denied and state of reason or reasons. 11-104 v.+. -to (Prev. Ordinance No. 261 Effective Date: 10-25-74) Subd. 4. Advertising Sign License. A. The owner or installer of the advertising sign shall annually file an application with the City Manager for a license permitting the display of the advertising sign. Licenses must be obtained for all new and existing advertising signs. The licenses application shall be in the form and include an annual license fee of one- half the permit fee for all advertising signs. Licenses shall expire on December 31 of each year and applications for renewals must be filed by not later than December 1st. (Prev. Ordinance No. 268 Effective Date: 8-9-74) B. The City Manager or his designated representative shall review each application and shall make the same fmdings heretofore required for an advertising sign permit before issuing the requested license. In addition the City Manager shall find that the advertising sign and the property upon which it has been erected have been maintained in a safe nuisance free condition. If sign faces are missing or unpainted for more than 30 total days in anyone year period such sign shall be considered to be a nuisance. C. The City Manager shall have a license tag installed on every advertising sign for which a license has been issued. D: When a license application is denied, the City Manager shall notify the applicant in writing of the reasons for the denial. Subd. 5. Advertising Sign Violations -Removals. (Prev. Ordinance No. 261 Effective Date: 10-25-74) A. Except as provided below, if the City Manager or his designated representative shall find that any advertising sign regulated by this Section has been erected or maintained in any manner inconsistent with the provisions of this Section or if any advertising sign has been erected without first obtaining a permit to do so or is unlicensed, he shall give written notice of such violation to the advertising sign owner or installed and/or the owner of the property upon which the advertising sign is erected. If the advertising sign owner or installer or property owner fail to remove or alter the advertising sign or to secure the required permit or license so as to comply with the provisions set forth in this Section within thirty calendar days following receipt of said notice: 1. Such sign shall be deemed to be a nuisance and may be abated by the City proceedings taken under Minnesota Statutes, Chapter 429, and the cost abatement, including administration 'expenses, may be levied as a special assessment against the property upon which the sign is located; or, 2. Such permittee or owner may be prosecuted for violating this Section and if convicted shall be guilt of a misdemeanor, and subject to a fine of not exceeding $500.00 or imprisonment for a period of not exceed 90 days. Each period of thirty days within which the sign is not removed or altered shall be deemed to constitute another violation of this Section and punishable as a misdemeanor hereunder. (Prev. Ordinance No. 78-12 Effective Date: 5-26-78) B. For any advertising sign for which a permit and license has heretofore or will hereafter be legally obtained but for which a license renewal has been denied, the City Manager shall advise the license applicant that 11-105 \/. t. -It the sign shall be removed within six months or by a date six years after the date the initial permit for the sign was issued, whichever is the later. C. In the event the sign has been sold within the six (6) years preceding the effective date of this Section or has been substantially rebuilt or altered during that same period the Council may extend the required removal date to up to six (6) years from the date of sale or alteration if it finds that such extension does not seriously interfere with the permit or license standards of this Section and objectives and purposes of this Chapter. D. The City Manager shall have advertising signs inspected frequently to assure compliance with the provisions of this Section and shall maintain appropriate records of all permits, licenses and actions resulting from the enforcement of this Section. E. A lawful sign on the effective date of the adoption of this Section or of amendments thereto that does not conform to the provisions therein shall be regarded as a non-conforming sign. Such signs may be continued in use when properly and safely maintained for a period of six years from the effective date of this Subparagraph or for a period of six years from the enactment of an amendment which first caUses a sign to become non-conforming. At the end of the six years they shall be made to conform with the provisions of this Section or such amendment or they shall be removed by the owner. Subd. 6. Appeals. A permit or license applicant or holder may appeal any order or determination made by the City Manager or his designated representative pursuant to this Section by filing a notice of appeal with the City Clerk-Treasurer requesting a hearing before the Board of Appeals and Adjustments in accordance with Section 2.11 of Chapter 2. The Board shall hear and decide appeals in the following cases: A. Appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of this Section. B. Requests for variances from the literal provisions of this Section in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property or proposal under consideration. (Prev. Ordinance No. 261 Effective Date: 10-25-74) (Sections 11.72 through 11. 74, inclusive, reserved for future expansion.) SECTION 11.75. NON-CONFORMING USES, STRUCTURES AND SIGNS. Subd. 1. Purposes. This Section is intended to limit the number and extent of non-conforming uses by prohibiting their enlargement, their re-establishment after abandonment, and the alteration of restoration after destruction of the structures they occupy. Eventually, certain classes of non-conforming uses, non-conforming structures of nominal value, and certain non-conforming signs are to be eliminated or altered to conform. Subd. 2. Continuation and Maintenance. A. Except as otherwise provided in this Chapter, a use, lawfully occupying a structure or a site on the effective date of this Section or amendments thereto that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a non-conforming use and may be continued except as otherwise provided in this Section. 11-106 V • .f. -rz.. (' \. B. C. Non-conforming uses must comply with all regulations for off-street parking and loading, screening, landscaping and performance standards. Routine maintenance and repairs may be performed on a structure or site the use of which is non- conforming and on a non-conforming structure. (Prev. Ordinance No. 82-18 Effective Date: 9-17-82) SECTION 11. 76. VARIANCES. Subd. 1. Purposes and Authorization. Variance from the literal provisions of this Chapter may be granted in instances where the strict enforcement of those provisions would cause undue hardship because of circumstances unique to the individual property under consideration, and such variances may be granted only when it is determined that such action will be in keeping with the spirit and intent of this Chapter. ·Undue hardship· as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined by statute when in harmony with this Chapter. The Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. The Council may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The Council may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties. Source: Ordinance No. 72-84 Effective Date: 4-5-84 Subd. 2. Application and Fee. Application fees, forms and procedure shall be adopted by resolution of the Council. Source: City Code Effective Date: 9-17-82 Subd.3. Time Limitation. Variances granted from the provisions of this Chapter shall be used within one year and if not, the variance will be of no further force and effect. (Prev. Ordinance No. 72-84 Effective Date: 4-5-84 SEC. 11.77. ZONING CERTIFICATE AND CERTIFICATE OF OCCUPANCY. Subd. 1. Purposes and Requirements. To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this Section, and in order that the City may have a record of each new or expanded use of a structure or site, a zoning certificate is required before any building permit may be issued or any structure or site used; and a certificate of occupancy required by the Building Code shall be issued only for a structure that conforms with the zoning certificate. Subd. 2. Building Permit. A building permit shall be issued only upon execution of an approved zoning certificate. 11-107 V.f:-I~ 37. "Traffic Sign" - A sign which is erected by a governmental unit for the purpose of regulating, directing or guiding traffic. Source: City Code Effective Date: 9-17-82 38. "Wall Area" -Is computed by multiplying the distance from the floor to the roof times the visible continuous width including windows and doors of the space occupied by the sign owner. Source: Ordinance No. 114-84 Effective Date: 11-1-84 39. "Wall Sign" -Any sign which is affixed to a wall of any building. Subd.3. General Provisions Applicable to All Districts. A. Prohibitions. Source: City Code Effective Date: 9-17-82 1. Non-accessory signs are prohibited in all districts, except in areas where Section 11.71 permits advertising signs, subject to the conditions imposed by Section 11.71 upon advertising signs, (and except as otherwise expressly permitted in this Section 11.70). Source: Ordinance No. 105-84 Effective Date: 9-20-84 2. Accessory signs are prohibited in all districts, except as authorized by this Section. B. All signs shall be constructed in such a manager and of such material that they shall be safe and substantial, provided that nothing in this Section shall be interpreted as authorizing the erection or construction of any sign not now permissible under the zoning or building provisions of the City Code. All signs must be maintained in a safe non-deteriorating manner. Cracked, broken or bent, glass, plastic, wood or metal and bumt-out light bulbs and peeling, faded, or cracked paint must be repaired, replaced, or removed. Source: City Code Effective Date: 9-17-82 C. No illuminated sign which changes in either color or intensity oflight, flashes, scrolls, or is animated shall be permitted except one giving time, date, temperature, weather or similar public service information. The City Manager, or the City Manager's designee, in granting permits for such signs shall specify the hours during which same may be kept lighted when necessary to prevent the creation of a nuisance. Such signs shall have a shielded light source and concealed wiring and conduit and shall not interfere with traffic signals. Said signs shall not exceed 50 square feet in size. Only one such sign shall be permitted per lot. Said signs shall conform to the district regulations contained herein. Source: Ordinance No. 1-90 Effective Date: 2-1-90 D. No sign other than governmental signs shall be erected or temporarily placed within any street right-of- way, or upon any public easement. 11-88 \IfF, -I~ EXISTING ADVERTISING SIGNS IN EDEN PRAIRIE 1-19 --Designated Advertising Sign Areas according to City Code ..................... ATTACHMENT II VI -F. -IS' .,. Sign located in an Property o,.,ner Sign o,.,ner Propertl Gu ide Pl an Zoning last Known Conforming or Non-Conforming to Present Code* Advertising-Current Designation Permi~ Sign Area Use 1 Yes Darrill Peterson Naegele Agricultura 1 Resident iaJ Rural 1968 NC: sb, 2,000 dist. 2 Yes Darr i 11 Peterson Naegele Agr icu ltura 1 Residential Rural 1968 NC: sb, 2,000 di st. 3 Yes Darrill Peterson Naegele Agricultura 1 Residential Rural 1970 NC: sb, 2,000 dist. 4 No U.S. Fish & Naegele Wildlife Open Space Flood 1970 NC: sb, 2,000 dist., out of ASZ I Wi ldlife Refuge Plain 5 Yes Darrill Peterson Schubert Agricultural Residential Rura 1 ? NC: sb, 2,000 dist. ~ 6 No Sever Peterson Schubert Agricultural QJen Space Rural ? NC:· sb, 2,000 dist., out of ASZ 7 No Sever Peterson Schubert Agr icu ltura 1 QJen Space Rura 1 1970 NC: sb, 2,000 di st., out of ASZ 8 No Sever Pet erson Naegele Agricultural QJen Space Rural 1970 NC: sb, 2,000 dist., out of ASZ l+ 9 No Sever Peterson Naegele Agr icu 1 tura 1 Open Space Rural ? NC: out of ASZ, 2,000 dist. 10 No Sever Peterson Naegele Re s1 dent 1a 1 Open Space Rural 1970 NC: sb, 2,000 dist., out of ASZ, ~ 2 signs on 1 site 11 Yes Ch ar 1 son Naegele Agr icu ltura 1 Res ident ia 1 Rural ? NC: 2,000 dist. 12 No Cherne Naegele Agricu ltura 1 Reg iona 1 Rura 1 1970 NC: sb, 2,000 dist., out of ASZ Commerc ia 1 13 No Cherne Naegele Agricu ltura 1 Regiona 1 Rural 1970 NC: sb, 2,000 dist., out of ASZ Commercial 14 No Vantage Naegele Open Reg iona 1 C-Reg 1986 NC: 86' permit expired Commercial " 15 Yes Vantage Naegele Open Reg-Com C-Reg 1970's NC: Agmt. to remove not fullfil led, sb 16 Yes Vantage Naegele Open Office Rura 1 ?DN permit NC: Agmt. to remove not fullfilled, sb 17 Yes Vantage Naegele Open Office Rura 1 ? NC: Agmt. to remove not fu llfi 11 ed, sb 18 No Bren Naegele Re si dent ia 1 Resident ial Rural 1970 NC: Out of ASZ 19 No Carpenter ? Open Open Space Early 70's NC: Sign purpose -direct traffic to E.P. Center, out of ASZ I * NC -Non-conforming sb -Does not meet setback requirement 2,000 District -Is closer than 2,000' to another sign Out of ASZ -Not within the deSignated sign zone FLYING CL AIRPORT TRACT A bluff land being purchased by Cit~ ----- Dec.94 Inventory • Billboard I 1 >-~ H 0 H +l H ~ Q) :> E-t ~ Z H r4 :s qo ::x:: 0'1 ~ . E-t 0 E-t Q)! ,c( Oi F= I r--. ill Dec.94 Inventory • Billboard Locations p.2 of 2 north .. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 11.70, SUBDNISION 3. A. 1. RELATING TO NON-ACCESSORY SIGNS AND REPEALING SECTION 11.71 RELATING TO THE REGULATION AND LICENSING OF ADVERTISING SIGNS; 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. City Code Section 11.70, Subd 3. A. 1. is amended to read as follows: " 1. Non-accessory signs are prohibited in all districts, except as otherwise expressly permitted in this Section 11.70." Section 2. City Code Section 11. 71 is repealed in its entirety. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. and publication. This ordinance shall become effective from and after its passage FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the __ day of , 1995, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the __ day of ________ , 1995. BARBIJEANIREPOKTS\ADSIGNS.ORD ..................... V. ~t -l'i ATTACHMENT IV ~a. DATE: CITY COUNCIL AGENDA JANUARY '17, 1995 SECTION: DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE VEPT PAYMENT OF CLAIMS VI CHECKS NUMBER 27630 THRU 28012 . . . . Action/Direction: , '. JANUARY 17, 1995 VI 27630 HELEN B PAVELKA AND HER ATTORNEY RIGHT OF WAY ACQUISITION-EXTENSION OF 27631 MINNESOTA DEPT OF HEALTH 27632 27633 27634 27635 27636 27637 27638 27639 27640 27641 27642 27643 27644 27645 27646 27647 27648 UNIVERSITY OF MINNESOTA UNIVERSITY OF MINNESOTA FDIC 95 NORWEST BANKS MINNESOTA N A UNIVERSITY OF MINNESOTA UNIVERSITY OF MINNESOTA UNIVERSITY OF MINNESOTA SISINNI FOOD SERVICE PATRICIA PIDCOCK JEAN L HARRIS M 0 MINNESOTA DEPT OF PUBLIC SAFETY PETTY CASH-POLICE DEPT FDIC HOUSING BUREAU U S POSTMASTER U S POSTMASTER LEAGUE OF MN CITIES TARGET CENTER CITY WEST PKWY & OLD SHADY OAK RD. PUBLIC WATER SUPPLY SERVICE CONNECTION FEE. CONFERENCE-BLDG INSPECTIONS DEPT. CONFERENCE-BLDG INSPECTIONS DEPT. CONFERENCE-FIRE DEPT. PAYROLLS 12-23-94/12-30-94 & 12-31-94. CONFERENCE-ENGINEERING DEPT. CONFERENCE-PARK MAINTENANCE. CONFERENCE-ENGINEERING DEPT. MEETING EXPENSES-CITY HALL/FIROMANS XMAS PARTY-HUMAN RESOURCES DEPT. MILEAGE/EXPENSES-CITY COUNCIL. MEETING EXPENSES-CITY COUNCIL. BICYCLE REGISTRATION. EXPENSES-POLICE DEPT. CONFERENCE LODGING-FIRE DEPT. POSTAGE FOR POSTAGE METER-CITY HALL. POSTAGE -OUTDOOR CENTER PROGRAM BROCHURE. CONFERENCE-CITY COUNCIL. TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ FEES PAID. 27649 MINNESOTA POLLUTION CONTROL AGENC CONFERENCE-UTILITIES DIVISION. 27650 MIXED BLOOD THEATRE ENTERTAINMENT-MARTIN LUTHER KING JR EVENT. 27651 SUPPLEES 7 HI ENTER INC JANUARY 95 RENT-LIQUOR STORE II. 27652 JASON-NORTHCO L P #1 JANUARY 95 RENT-LIQUOR STORE I. 27653 UNITED PROPERTIES JANUARY 95 RENT-LIQUOR STORE III. 27654 AIRSIGNAL INC DECEMBER & JANUARY PAGER SERVICE- 27655 MENARDS 27656 MICHAEL OTOOLE 27657 UNLIMITED SUPPLIES INC 27658 HENNEPIN COUNTY TREASURER 27659 U S WEST CELLULAR INC 27660 CITY OF EDEN PRAIRIE 20423189 JANUARY 17, 1995 COMMUNITY SERVICES DEPT/ASSESSING DEPT/ FIRE DEPT/PARK MAINTENANCE. ANCHORS/PAINT/GAS/PLASTIC SHEETING/RAZOR BLADE SCRAPER/HALOGEN LAMPS/PVC PIPE/ MAGNETIC DRIVER SET/BULLETIN BOARD/SPRAY PAINT/HAND RAIL/SCRSWS/UTILITY KNIVES/ MELAMINE/LUMBER/LUBRICANT/BRUSHES/LOUVERS/ CLOSET RODS/WOOD RINGS/SUPPORTS/CARPETING/ TAPE/LUMBER/TREATED TIMBERS/PLYWOOD- FACILITIES DEPT/POLICE DEPT/STREET DEPT/ PARK MAINT/EQUIPMENT MAINT/OUTOOOR CENTER/ UTILITIES DIVISION. SERVICE-CONDEMNATION COMMISSIONER FEE- HELEN PAVELKA PROPERTY. NUTS & BOLTS/TERMINALS/GLOVES/WASHERS/ DRILL BITS/PIPE COUPLINGS-EQUIPNENT MAINTENANCE/PARK MAINTENANCE. DECEMBER 94 SOLID WASTE MANAGEMENT FEE- PARK MAINTENANCE. SERVICE. TO PAY PARTIAL ASSESSMENT-HOUSING REHABILITATION PROGRAM. 1. 26311.83 15891.00 115.00 1075.00 565.00 118501. 75 590.00 70.00 435.00 1473.33 33.58 8.21 9.00 28.14 718.80 8000.00 209.18 125.00 140.00 600.00 400.00 4994.54 5197.00 6465.00 140.57 1961.07 1525.17 1138.08 36.77 26.77 8047.10 JANUARY 17, 1995 VI 27661 COMMISSIONER OF TRANSPORTATION ACCIDENT REDUCTION SIGNS INSTALLED-POLICE 1539.00 DEPT. 27662 MN PIE CONFERENCE-PARK MAINTENANCE. 45.00 27663 UNIVERSITY OF MINNESOTA CONFERENCE-ASSESSING DEPT. 200.00 27664 CARD SERVICES MEETING EXPENSES-ADMINISTRATION DEPT. 67.86 27665 PETTY CASH-E P C C EXPENSES-COMMUNITY CENTER. 8.16 27666 ERIC CHRISTENSEN REFUND-SWIMMING LESSONS. 18.00 27667 DUSTIN CLARK REFUND-SKATING LESSONS. 47.00 27668 JILL CROSBY REFUND-SKATING LESSONS. 50.00 27669 JANET DRYER REFUND-SKATING LESSONS. 47.00 27670 GAIL FLAMINI REFUND-AQUA AEROBICS LESSONS. 27.00 27671 TERRI HESS REFUND-AQUA AEROBICS LESSONS. 27.00 27672 SHERRIE HORNUNG REFUND-SWIMMING LESSONS. 54.00 27673 HEIDI JOHNSON REFUND-LIFEQUARD TRAINING LESSONS. 80.00 27674 JEANNE KNUTSON REFUND-SWIMMING LESSONS. 21.00 27675 BARBARA LUSKIN REFUND-ADAPTIVE SWIMMING LESSONS. 35.00 27676 STEPHANIE PETERSON REFUND-SWIMMING LESSONS. 42.00 27677 CYNTHIA RIEBLING REFUND-SKATING LESSONS. 50.00 27678 ROCHELLE SCHERKENBACH REFUND-SWIMMING LESSONS. 18.00 27679 KARAN TARTER REFUND-SWIMMING LESSONS. 3.00 27680 DEANNA UTNE REFUND-FIREARM SAFETY LESSONS. 5.00 27681 JIM TORNOE EXPENSES-SUMMER SKILL DEVELOPMENT PROGRAM. 236.22 27682 MINNESOTA VALLEY ELECTRIC OOOPERA SERVICE. 64.43 27683 MINNESOTA STATE TREASURER DECEMBER 94 BUILDING SURCHARGES. 5394.21 27684 METROPOLITAN WASTE CONTROL COMM DECEMBER 94 SAC CHARGES. 63360.00 27685 SEMINARS INTERNATIONAL SCHOOL -POLICE DEPT. 115.00 27686 U S POSTMASTER POSTAGE-JANUARY/FEBRUARY COMMUNITY 2774.25 BROCHURE-COMMUNITY SERVICES DEPT. 27687 MN RECREATION & PARK ASSN BASKETBALL/VOLLEYBALL & BRooMBALL STATE 803.00 LEAGUE TEAM REGISTRATIONS-ORGANIZED ATHLETICS DEPT. 27688 PRECISION BUSINESS SYSTEMS INC DICTAPHONE REPAIR-PARK & RECREATION DEPT. 61.13 27689 BSN SPORTS GOLF CAGE/BALLS-SUMMER SKILL DEVELOPMENT 782.09 PROGRAM/PRESCHOOL PLAYGROUND PROGRAM. 27690 TANDEM PROPERTIES REIMBURSEMENT OF CASH DEPOSIT PROVIDED AS 33500.00 SECURITY FOR PUBLIC IMPROVEMENTS. 27691 U S WEST COMMUNICATIONS SERVICE. 13563.82 27692 HENNEPIN COUNTY TREASURER 2ND HALF PROPERTY TAX-PARK MAINTENANCE. 21.28 27693 MERLINS ACE HARDWARE MAIL BOXES/LETTERS/SHOVEL/TAPE/KEYS/ 283.52 TURNBUCKLES/CIRCUIT BREAKER/BOLTS/WASHERS/ NAILS/BRUSHES/SCRSWDRIVERS/SCREWS/DRILL BITS-STREET DEPT/PARK MAINTENANCE/SENIOR CENTER/COMMUNITY CENTER. 27694 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 216.00 27695 MINNESOTA DEPT OF COMMERCE NOTARY COMMISSION RENEWAL FEE-POLICE DEPT. 12.00 27696 PRAIRIE VILLAGE LTD PARTNERSHIP 2ND HALF 1994 TAX SETTLEMENT-RELEASE PVA 49176.07 TAX INCREMENT FUNDS. 27697 COMMISSIONER OF TRANSPORTATION MNDOT GEOTECHNICAL MANUAL-ENGINEERING 47.00 DEPT. 27698 HENNEPIN COUNTY TREASURER FILING FEES-PARKS DEPT. 54.30 17284834 JANUARY 17, 1995 2. JANUARY 17, 1995 27699 27700 27701 27702 27703 27704 27705 27706 27707 27708 27709 27710 27711 27712 27713 27714 27715 27716 27717 27718 27719 27720 27721 27722 27723 27724 27725 MN BOARD OF PEACE OFFICERS LICENSE FEES-POLICE DEPT. CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 12-23-94. CARVER COUNTY COURTHOUSE PAYROLL 12-23-94. FEDERAL RESERVE BANK PAYROLL 12-23-94 SAVINGS BONDS. GREAT~EST LIFE & ANNUITY PAYROLL 12-23-94. HEALTHPARTNERS JANUARY 95 HEALTH INSURANCE PREMIUM. HENN CTY SUPPORT & COLLECTION SVC PAYROLL 12-23-94. HENN CTY SUPPORT & COLLECTION SVC PAYROLL 12-23-94. ICMA RETIREMENT TRUST-457 PAYROLL 12-23-94. MEDICA CHOICE JANUARY 95 HEALTH INSURANCE PREMIUM. MINNESOTA DEPT OF REVENUE PAYROLL 12-23-94. MN DEPT OF REVENUE PAYROLL 12-23-94. MINNESOTA MUTUAL LIFE PAYROLL 12-23-94. MN STATE RETIREMENT SYSTEM PAYROLL 12-23-94. MN TEAMSTERS CREDIT UNION PAYROLL 12-23-94. NORWEST BANK HOPKINS PAYROLLS 12-09-94 & 12-23-94. EXECUTIVE DIRECTOR-PERA PAYROLL 12-23-94. EXECUTIVE DIRECTOR-PERA PAYROLL 12-30-94. EXECUTIVE DIRECTOR-PERA PAYROLL 12-31-94. UNITED WAY PAYROLL 12-23-94. DAY DISTRIBUTING COMPANY BEER. EAST SIDE BEVERAGE CO BEER. MARK VII DISTRIBUTING COMPANY BEER. MIDWEST COCA COLA BOTTLING CO MIX. PEPSI COLA COMPANY MIX. THORPE DISTRIBUTING COMPANY BEER. MUSIC THEATRE INTERNATIONAL SECURITY FEE FOR MUSICAL SCORE-HISTORICAL & CULTURAL COMMISSION. VI 27726 FIRE ENGINEERING BOOKS/VIDEOS 27727 BIC CORPORATION 27728 JEANNES TRAVEL 27729 VELEGARV TOOL CO VIDEOS-FIRE PREVENTION SUPPLIES-FIRE DEPT. FIRE SAFETY EDUCATION PROGRAM-FIRE DEPT. CONFERENCE AIRFARE-FIRE DEPT. SILENCER/REPLACED SWITCH/WRENCHES/DRILL BITS/RAZOR BLADES/PLIERS/HAMMER/DRILL 27730 COMFORT INN 27731 PETTY CASH 27732 27733 27734 27735 27736 27737 27738 27739 27740 27741 27742 27743 MINNEGASCO MN DEPT OF REVENUE NORTHERN STATES PClAJER COMPANY U S WEST CELLULAR INC U S WEST COMMUNICATIONS BOBBIE ARVOLD JAN BECKSTROM SHERRY BERRYMAN CHERYL BOYD MARTA CODY BARBARA CORNELL MARJORIE COSTELLO 27625785 JANUARY 17, 1995 PRESS VISE-STREET DEPT/EQUIPMENT MAINT~NANCE/SEWER DEPT. SCHOOL LODGING-POLICE DEPT. EXPENSES-CITY HALL/FIRE DEPT/SENIOR CENTER/PARK MAINTENANCE. SERVICE. DECEMBER 94 FUEL TAX. SERVICE. SERVICE. SERVICE. REFUND-CMS SKI TRIP. REFUND-SKATING LESSONS. REFUND-SWIMMING LESSONS. REFUND-SKATING LESSONS. REFUND-OMS SKI TRIP. REFUND-CMS SKI TRIP. REFUND-OMS SKI TRIP. 3. 30.00 300.00 49.37 400.00 8550.50 23175.18 240.46 298.00 4022.49 48196.88 186.72 200.00 1011.50 167.00 25.00 1300.00 39493.50 18854.56 5818.60 223.55 9270.90 23965.80 5127.80 848.06 209.75 21157.90 300.00 763.95 9.95 438.00 779.70 540.00 60.57 76442.78 598.40 40211.26 709.25 3268.50 22.00 37.00 24.00 42.83 44.00 22.00 22.00 JANUARY 17, 1995 VI 27744 BETH DEAM REFUND-OMS SKI TRIP. 22.00 27745 LAURA DOCKERY REFUND-SKATING LESSONS. 47.00 27746 CHERY L ECKST AM REFUND-OMS SKI TRIP. 22.00 27747 CLAUDINE FASCHING REFUND-BASIC WATER SAFETY LESSONS. 23.00 27748 LOUISA HANNEY REFUND-SKATING LESSONS. 47.00 27749 CHRISTINE LOOSE REFUND-STRETCH N GRCXJJ CLASS. 22.50 27750 DIANNE LUSIAN REFUND-OMS SKI TRIP. 22.00 27751 NANCY MERICKEL REFUND-STRETCH N GRCXJJ CLASS. 22.50 27752 MANNY & JOAN NELSON REFUND-DEFENSIVE DRIVING LESSONS. 16.00 27753 RACHEL PARNES REFUND-SKATING LESSONS. 42.83 27754 PAT PETERSON REFUND-OMS SKI TRIP. 22.00 27755 DIXIE QUINN REFUND-SKATING LESSONS. 47.00 27756 MICHAEL RUSH REFUND-SKATING LESSONS. 42.83 27757 B J SCHEWE REFUND-SKATING LESSONS. 33.66 27758 JAYME SCHULZ REFUND-OMS SKI TRIP. 22.00 27759 DIPAK SHAH REFUND-STRETCH N GRCXJJ LESSONS. 45.00 27760 RONDA SHORT REFUND-SKATING LESSONS. 44.66 27761 NORMAN TOFTE REFUND-eMS SKI TRIP. 22.00 27762 BITUMINOUS CONSULTING"' CONTRACTI SERVICE-PIONEER PARK IMPROVEMENTS. 43660.69 27763 BRCXJJN , CRIS INC SERVICE-MITCHELL RD , TECHNOLOGY DRIVE 404534.26 IMPROVEMENTS. 27764 J & K GRADING & TRUCKING SERVICE-1994 LIME SLUDGE REMOVAL. 30632.57 27765 RYAN CONTRACTING SERVICE-RIVERVIEW HEIGHTS IMPROVEMENTS. 13612.22 27766 A TO Z RENTAL CENTER GRINDER RENTAL/CUP STONE RENTAL-STREET 96.36 MAINTENANCE/POWER SNAKE RENTAL-COMMUNITY CENTER. 27767 A U S COMMUNICATIONS INC CABLE REPAIR-COMMUNITY CENTER. 51.00 27768 AARCEE LIFE JACKETS-ROUND LAKE MARINA. 417.84 27769 ABM EQUIPMENT & SUPPLY INC DRIVE CLUTCH REPAIR-EQUIPMENT MAINTENANCE. 389.84 27770 ACCOUNTEMPS SERVICE-FINANCE DEPT. 2016.00 27771 ADIRONDACK DIRECT FOLDING TABLES-FIRE DEPT. 1032.80 27772 ADT SECURITY SYSTEMS SECURITY SYSTEM MAINTENANCE AGREEMENT-586.76 PUBLIC WORKS BLDG. 27773 AEC ENGINEERING SERVICE-TANK COATING INSPECTION/GROUND 9726.45 STORAGE RESERVOIR ANTENNA MOUNT REVIEW. 27774 AIRLIFT DOORS INC BOTTOM DOOR BRACKET STRAIGHTENED , 55.00 REFASTENED-COMMUNITY CENTER. 27775 AIRSIGNAL INC JANUARY 95 PAGER SERVICE-COMMUNITY CENTER. 10.65 27776 AMERICAN FORESTS DUES-FORESTRY DEPT. 45.00 27777 AMERICAN LINEN SUPPLY CO MATS/TCXJJELS/UNIFO~-LlQUOR STORES/ 297.77 \ ~ COMMUNITY CENTER. 27778 AMERICAN PUBLIC WORKS ASSN DUES-ENGINEERING DEPT. 536.00 27779 EARL F ANDERSEN , ASSOC INC STREET SIGN PLATES/BRACKETS/BARRICADE 4489.32 SHEETING/WARNING FLASHER WITH PHOTOCELL/ BATTERIES/TUBULAR POSTS/CHANNEL POSTS- STREET DEPT. 27780 KEN ANDERSEN TRUCKING DECEMBER 94 SERVICE-DISPOSAL OF WILDLIFE-95.87 ANIMAL CONTROL DEPT. 27781 ANDERSONS GARDEN EXPENSES-FIRE DEPT. 26.90 27782 ANIMAL INN BOARDING KENNEL CANINE SUPPLIES-POLICE DEPT. 87.57 51296685 JANUARY 17, 1995 4. JANUARY 17, 1995 VI 27783 ASPEN EQUIPMENT COMPANY PAVER FRAME/SHOES/COVER & HUB CAPt DEFLECTOR/PUMP KITS-EQUIPMENT ~NTENANCE/ 27784 ASSOCIATED WELL DRILLERS INC SWITCH REPAIR/REPLACED ROLLERS WITH WEAR PAD KIT-EQUIPMENT MAINTENANCE. WELL SYSTEM REPAIR/PUMP/DROP PIPE/WIRE/ PRESSURE TANK-BOYCE PROPERTY-PARK MAINTENANCE. 27785 ASSN OF METROPOLITAN MUNICIPALITI DUES-CITY COUNCIL. 27786 ASTLEFORD INTL INC WIPERS/SEAT-EQUIPMENT MAINTENANCE. 27787 B & STOOLS MAGNET/PLIERS/WRENCH-EQUIPMENT 27788 BACHMANS 27789 PATRICIA BARKER 27790 BAUER BUILT INC 27791 BECKER ARENA PRODUCTS INC 27792 BEST SEAMLESS GUTTERS MAINTENANCE. EXPENSES-CITY HALL. EXPENSES-EMPLOYEE HOLIDAY LUNCHEON-HUMAN RESOURCES DEPT. SEALED BEAMS/WIPER BLADES/BRAKE ROTOR/ BATTERIES/BRAKE PADS/SIGNAL-EQUIPMENT MAINTENANCE. POLY SHEETS-COMMUNITY CENTER. DOWNSPOUT INSTALLATION-HOUSING REHABILITATION PROGRAM. 27793 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 27794 DAVID BLACK MILEAGE-COMMUNITY CENTER ADMINISTRATION. 27795 BLACK & VEATCH SERVICE-WATER TREATMENT PLANT EXPANSION. 27796 BLEVINS CONCESSION SUPPLY COMPANY FUDGE SERVER REPAIR/CONCESSION STAND 27797 CIT~ OF BLOOMINGTON 27798 BMS INTERGRATED OFFICE TECH 27799 MICHAEL BOSACKER 27800 BUMPER TO BUMPER 27801 CAPITOL COMMUNICATIONS 27802 CARGILL SALT DIVISION SUPPLIES-COMMUNITY CENTER. NOVEMBER 94 KENNEL COSTS-ANIMAL CONTROL DEPT/WINTER BROCHURE GRAPHIC CHARGES- ADAPTIVE RECREATION DEPT. COPIER REPAIR-RECREATION ADMINISTRATION. SCHOOL-POLICE DEPT. CARBURETOR PARTS/FLOAT/MOTORS-EQUIPMENT MAINTENANCE. CHAIR-POLICE DEPT. DEICING SALT-SNOW & ICE CONTROL-STREET DEPT. . 27803 CARLSON COUNSELING & CONSULTATION NOVEMBER 94 EMPLOYEE ASSISTANCE-HUMAN 27804 CASH REGISTER SVC & SALES 27805 CENTRAIRE INC 27806 27807 27808 27809 27810 27811 CLUTCH & U-JOINT BURNSVILLE INC C02 SERVICES COMMUNICATION BRIEFINGS COMMERCIAL WINDOW COVERINGS COMPUTER LABORATORIES INC COMPUTER RENAISSANCE 27812 CONCEPT MICRO IMAGING 6538353 JANUARY 17, 1995 RESOURCES DEPT. CASH REGISTER DRAWER REPLACED/INK ROLLER- COI.f.fUNITY CENTER. REPLACED UNIT HEATERS-FIRE STATION/ REPLACED BLOWER MOTOR BRACKET-SENIOR CENTER. U-JOINT/SLIP YOKE-EQUIPMENT ~NTENANCE. CYLINDER RENTAL-COMMUNITY CENTER. SUBSCRIPTION-HUMAN RESOURCES DEPT. WINDOW COVERINGS-POLICE DEPT. PRINT HEAD REBUILT-BLDG INSPECTIONS DEPT. COMPUTER SOFnWARE-ORGANIZED ATHLETICS DEPT/YOUTH ATHLETICS PROGRAM. MICROFILMING/APERTURE CARDS-ENGINEERING DEPT. 5. 3667.61 3115.65 7375.00 389.64 72.31 74.23 217 .35 676.43 618.98 177 .00 464.98 20.16 40895.58 1465.94 578.00 95.18 257.35 478.59 425.95 1578.06 330.00 141.00 515.23 74.91 64.07 69.00 830.64 81.47 298.10 335.12 JANUARY 17, 1995 VI 27813 COPIES NClAJ INVITATIONS/ENVELOPES-COMMUNITY SERVICES 206.61 DEPT. 27814 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT. 38.72 27815 CREATIVE CRAFTS INTERNATIONAL TRAYS-AFTERSCHooL PROGRAM/CRAFT SUPPLIES-253.00 ATERNooN PLAYGROUND PROGRAM. 27816 BARBARA CROSS PLANNER/MILEAGE-PARK PLANNING DEPT. 723.41 27817 CRClAJN MARKING INC DESK SIGN INSERTS-CITY HALL. 8.42 27818 CSSI CHAIR-FIRE DEPT. 213.00 27819 CUB FOODS MEETING EXPENSES-POLICE DEPT. 32.42 27820 CUB FOODS EXPENSES-FIRE DEPT. 216.20 27821 DANKO EMERGENCY EQUIPMENT CO FIRE PROTECTIVE GEAR/AIR MASKS/AIR 16188.94 PRESSURE GAUGES/FACEPIECE LENS/SHOUDER STRAP/AIR CYLINDERS/CUTTERS EDGE/FIREGRIP GLOVES/HELMET/FACESHIELDS/BUNKER BooTS- FIRE DEPT. 27822 DAY-TIMERS INC OFFICE SUPPLIES-SENIOR CENTER. 145.90 27823 DECORATIVE DESIGNS HOLIDAY DECORATIONS-FACILITIES DEPT. 810.62 27824 DE SIGN ER STREET SIGN GRAPHICS-STREET DEPT. 45.80 27825 DEM CON LANDFILL INC DECEMBER 94 WASTE DISPOSAL-STREET 20.00 MAINTENANCE. 27826 DEPARTMENT OF LABOR & INDUSTRY AIR TANK CERTIFICATION-FIRE DEPT. 10.00 27827 DESIGNS BY NORVELL INC DISPENSER CUPS/CLEANING SUPPLIES-POLICE 49.00 DEPT. 27828 DRISKILLS NEWMARKET EXPENSES-EMPLOYEE HOLIDAY LUNCHEON/ 121.64 MEETING EXPENSES-SENIOR CENTER/HISTORICAL INTERPRETATION PROGRAM/SPECIAL TRIPS & EVENTS PROGRAM. 27829 DRISKILLS NewMARKET EXPENSES-FIRE DEPT. 68.11 27830 DRISKILLS NEWMARKET CONCESSION STAND SUPPLIES-COMMUNITY 111.18 CENTER. 27831 EDEN PRAIRIE FORD PLUG OIL/SENSOR ASSEMBLY/HEADLAMP/CONTROL/ 269.31 MOTOR/HORN BUTTON-EQUIPMENT MAINTENANCE. 27832 E P GROCERY EXPENSES-FIRE DEPT. 8.50 27833 EDEN PRAIRIE SCHOOL DIST 272 1994 TAX INCREMENT DUE ON PVA PROJECTS. 4359.73 27834 EDEN PRAIRIE SCHOOL DIST 272 CONFERENCE-CITY EMPLOYEES/ROOM RENTAL-2124.00 ADULT PROGRAMS. 27835 EGGHEAD SOFTWARE COMPUTER SOFTWARE-YOUTH PROGRAM 468.04 SUPERVISOR/COMMUNITY DEVELOPMENT DEPT/ ADULT ATHLETIC SUPERVISOR/RECREATION ADMINISTRATION/SENIOR CENTER. 27836 ELIM MANAGEMENT SERVICE 2ND HALF 94 RELEASE ELIM SHORES TAX 26365.39 INCREMENT FUNDS. 27837 EMERGENCY APPARATUS MAINTENANCE I LADDER TRUCK HYDRAULIC LEAK REPAIR/ 2586.32 REPAIRED CRACKED WELD IN NOZZLE MOUNTING/ OUTRIGGER WARNING LITES REPAIRED/ STABILIZER REPAIR/PUMP CHECK. 27838 ENVIRO-CON INSTALLATION & REPAIR OF EROSION CONTROL 221.00 ON SINGLETREE LANE. 27839 ERICSSON GE MOBILE MOBILE RADIO-POLICE DEPT. 914.17 27840 DOUGLAS ERNST REIMBURSEMENT OF DIFFERENCE BcnwEEN CLASS 19.00 A & CLASS C DRIVERS LICENSE FEE-PARK MAINTENANCE. 5659843 JANUARY 17, 1995 6. JANUARY 17, 1995 VI 27841 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 31.19 27842 FINLEY BROS ENTERPRISES CHAIN/CHAIN LINKS-PARK MAINTENANCE. 114.37 27843 FLAGHOUSE INC VAULT BOARD-AFTERNOON PLAYGROUND PROGRAM. 129.59 27844 FLAHERTYS HAPPY TYME CO SUPPLIES-LIQUOR STORES. 408.00 27845 FLOYD SECURITY 1ST QTR 95 SECURITY MAINTENANCE 161.30 AGREEMENTS-LIQUOR STORE I & III. 27846 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT. 12.03 27847 TRACEY FOSSE MILEAGE-FINANCE DEPT. 19.04 27848 FRANKLIN QUEST CO OFFICE SUPPLIES-STREET MAINT/PARK 335.21 MAINTENANCE. 27849 G & K SERVICES UNIFORMS/TOWELS/MOPS/MOP HEADS-STREET 784.30 MAINTENANCE/EQUIPMENT MAINTENANCE/PARK MAINTENANCE/UTILITIES DIVISION. 27850 GARTNER REFRIGERATION & MFG INC REPAIRED/CHANGED OIL & CLEANED 517.17 COMPRESSORS-COMMUNITY CENTER. 27851 GENERAL MACHINING INC MACHINE TUBES/COLLARS/BUSHINGS & SPACERS 184.50 FOR WHEELS-EQUIPMENT MAINTENANCE. 27852 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-FIRE DEPT. 131.93 27853 GENERAL SAFETY EQUIPMENT CORP REAR STEPS REPAIRED ON 2 FIRE TRUCKS/ 11028.00 ELECTRIC TANKLIFT INSTALLED-FIRE DEPT. 27854 GINA MARIAS INC EXPENSES-FIRE DEPT. 101.18 27855 GLENWOOD INGLEWOOD WATER CONES-FITNESS CENTER-COMMUNITY 122.68 CENTER. 27856 THE GLIDDEN COMPANY PAINT-PARK MAINTENANCE. 22.30 27857 GOLD ASSOCIATES INC SERVICE-PROCEDURE MANUAL REVISIONS-FIRE 1000.00 DEPT. 27858 GOODYEAR COMMERCIAL TIRE & SVC TIRES-EQUIPMENT MAINTENANCE. 1938.69 27859 GOVERNING SUBSCRIPTION-WATER DEPT. 49.95 27860 GOVERNMENT FINANCE OFFICERS ASSN DUES-FINANCE DEPT. 185.00 27861 W W GRAINGER INC INDUSTRIAL MOTOR-COMMUNITY CENTER/PUSH & 310.33 PULL PLATES-PARK MAINTENANCE. 27862 GTE DIRECTORIES CORPORATION ADVERTISING-LIQUOR STORES. 144.30 27863 HANSEN THORP PEL LINEN OLSON INC SERVICE-MILLER PK IMPROVEMENTS. 759.13 27864 HARMON GLASS COMPANY WINDSHIELD/MOLDING/COVER JOINT/MOLDING 1216.66 SUPPORT/PATTERNED GLASS-EQUIPMENT MAINTENANCE/PARK MAINTENANCE. 27865 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION. 28.28 27866 HENNEPIN COUNTY TREASURER DECEMBER 94 WASTE DISPOSAL-PARK 74.79 MAINTENANCE. 27867 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABELS-COMMUNITY 1233.75 DEVELOPMENT DEPT. 27868 HENNEPIN COUNTY TREASURER NOVEMBER 94 BOARD OF PRISONERS-POLICE 2774.64 DEPT. 27869 HENNEPIN COUNTY SHERIFF NOVEMBER 94 BOOKING FEE-POLICE DEPT. 468.54 27870 VOIV OUT CHECK 0.00 27871 HENNEPIN TECHNICAL COLLEGE SCHOOL-FIRE DEPT. 115.50 27872 JOHN HENSRUD SERVICE-LONG RANGE PLANNING CONSULTING 400.00 FOR HERITAGE PRESERVATION COMMISSION. 27873 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENT-BLDG 42.28 INSPECTIONS DEPT. 2484463 JANUARY 17, 1995 7. JANUARY 17, 1995 VI 27874 HISDAHL TROPHY PLAGUE-HISTORICAL INTERPRETATION PROGRAM. 97.98 27875 HOFFERS INC OIL STAIN-PARK MAINTENANCE. 21.53 27876 HORIZON GRAPHICS INC TRIMMING SERVICE-FAMILY CARE DIRECTORIES-26.80 HUMAN RESOURCES DEPT. 27877 HUD USER DESIGN GUIDE-COMMUNITY DEVELOPMENT DEPT. 4.00 27878 ICE SKATING INSTITUTE OF AMERICA TEST PATCHES-COMMUNITY CENTER. 203.74 27879 INSTANT SIGN CENTER VINLY SIGN-TEMAN LAND/MARKET CENTER. 106.50 27880 INLAND TRUCK PARTS CO DRIVELINE SHAFT-EQUIPMENT ~NTENANCE. 58.85 27881 INSTY-PRINTS PRINTING-INVITATIONS/ENVELOPES-HUMAN 137.81 RESOURCES DEPT. 27882 INTL APPROVAL SERVICES SUBSCRIPTION-BLDG INSPECTIONS DEPT. 76.00 27883 INVER HILLS COMMUNITY COLLEGE ONE HALF OF PUBLIC MGMT WORKSHOP SESSIONS. 1500.00 27884 IRISH INC DISPOSABLE STATION-SAFETY DEPT. 27.80 27885 J & A HANDY CRAFTS INC CRAFT SUPPLIES-SAFETY CAMP/AFTERNOON 1059.37 ADVENTURE PROGRAA/ AFTERSCHooL PROGRAM. 27886 J & R RADIATOR CORP REPLACED GASKET-EQUIPMENT ~NTENANCE. 55.95 27887 JUSTUS LUMBER CO PAINT/BRUSHES/VENEER/LUMBER/GLUE-527.13 COMMUNITY CENTER/SSWER DEPT. 27888 WILLIAM D KARELS SERVICE-FIRE & RESCUE CALLS-FIRE DEPT. 174.00 27889 KINKOS PRINTING FLYERS-OUTDOOR CENTER PROGRAMS. 46.65 27890 KIM KLITZKE UNIFORMS-POLICE DEPT. 72.00 27891 CYNTHIA LANENBERG MILEAGE-FIRE DEPT. 67.48 27892 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 1565.93 27893 LAKELAND FORD TRUCK SALES RUNNING BOARD/CHROME ACCESSORIES/GASKET/ 293.25 THERMOSTAT/VALVE ASSEMBLY/SEALS/BRAKE CHECK-EQUIPMENT MAINTENANCE. 27894 LANO EQUIPMENT INC GASKET/EXHAUST PIPE/PLUG-STREET 100.23 MAINTENANCE/EQUIPMENT MAINTENANCE. 27895 GREG LARSON SPORTS INC VOLLEYBALL NET/VOLLEYBALLS-COMMUNITY 68.88 CENTER. 27896 LEIGHTONS GARAGE SKATING RINK DOOR REPAIR-COMMUNITY CENTER. 42.00 27897 MAMA-LMC LABOR RELATIONS SVC SUBSCRIBER SERVICE-HUMAN RESOURCES DEPT. 4625.00 27898 MAUMA DUES-HUMAN RESOURCES DEPT. 25.00 27899 LISA MASCARENAS SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 76.50 27900 MASYS CORPORATION FEBRUARY 95 COMPUTER HARDWARE & SOFnWARE 1429.70 MAINTENANCE AGREEMENT-POLICE DEPT. 27901 MAXI -PRINT INC PRINTING FORMS/LETTERHEAD-POLICE DEPT. 398.32 27902 MCOONALDS CORPORATION REFUND-UNUSED PORTION OF DEVELOPERS 728.98 DEPOSIT AGREEMENT. 27903 MEMA TREASURER DUES-POLICE DEPT. 25.00 27904 MENARDS MASONRY DRILL BITS/RETRACTABLE CORDS/ 548.33 GROUNDED OUTLET TAP/CASTERS/PAINT/BRUSHES/ SANDPAPER/CABINET HARDWARE/STAPLES/ ACRYLIC SHEETS/STUDS/LUMBER/TREATED LUMBER/PLYWOOD-STREET DEPT/EQUIPMENT MAINTENANCE/PARK ~NTENANCE. 27905 METROPOLITAN WASTE CONTROL COMMIS RECONVEYANCE OF HWY 5 INTERCEPTOR LINE TO 23962.00 CITY. 27906 METROQUIP INC REPLACED POWER CABLE/SWITCHED PULLEYS/ 205.58 REMOUNTED CABLE BRACKET/WIRE HARNESSES- COMMUNITY CENTER. 3835829 JANUARY 17, 1995 8. JANUARY 17, 1995 VI 27907 MID-AMERICA POWER DRIVES COUPLERS-EQUIPMENT MAINTENANCE/OFFICE 4364.41 SUPPLIES-CITY HALL/POLICE DEPT/COMMUNITY CENTER/BOOKCASES-HISTORICAL INTERPRETATION PROGRAM. 27908 MIDWEST COCA COLA BTLG CO CONCESSION STAND SUPPLIES-COMMUNITY 426.35 CENTER. 27909 MI1lIJEST MACHINERY INC TRACTOR OVERHAUL-PARK MAINTENANCE. 1508.28 27910 MILWAUKEE STRAP INC HOSE STRAPS-FIRE DEPT. 117.00 27911 MINNCOMM PAGING DECEMBER 94 PAGER SERVICE-BLDG 73.44 INSPECTIONS DEPT. 27912 MPLS AREA ASSN OF REALTORS PUBLICATIONS-ASSESSING DEPT. 140.49 27913 CITY OF MINNEAPOLIS SERVICE-PROBABLE CAUSE/BAIL DUTY-POLICE 20.00 DEPT. 27914 MINNESOTA BUSINESS FORMS BUSINESS CARDS-CITY HALL. 540.24 27915 MN CONWAY FIRE & SAFETY FIRE EXTINQUISHER RECHARGING-FIRE DEPT. 150.91 27916 MN DEPT OF AGRICULTURE PESTICIDE APPLICATORS LICENSE FEES-PARK 20.00 MAINTENANCE. 27917 MINNESOTA PLAYGROUND INC HOCKEY NETTING-PARK MAINTENANCE. 140.14 27918 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADS-HUMAN RESOURCES DEPT. 199.50 27919 THE MN TRANSPORTATION ALLIANCE DUES-CITY COUNCIL. 410.00 27920 MUNICIPAL LEGISLATIVE COMMISSION DUES-CITY COUNCIL. 12000.00 27921 MINUTEMAN PRESS PRINTING FORMS-BLDG INSPECTIONS DEPT/ 264.52 MEMBERSHIP CARDS-COMMUNITY CENTER. 27922 MTI DISTRIBUTING CO KEY SWITCH-PARK MAINTENANCE. 9.13 27923 WM MUELLER & SONS INC SAND/GRAVEL-SNOW & ICE CONTROL-STREET 3034.00 DEPT/PARK MAINT/CITY WEST P~Y IMPROVEMENTS. 27924 MUNICILITE CO FLASH TUBES/MOUNTING BRACKETS INSERTED. 165.50 27925 NAPA TRAINING VIDEOS-STREET DEPT. 27.00 27926 NATIONAL FIRE PROTECTION ASSN FIRE PREVENTION BROCHURES-FIRE DEPT. 446.65 27927 NATIONAL LEAGUE OF CITIES DUES-CITY COUNCIL. 2035.00 27928 NATIONAL RECREATION & PARK ASSN DUES-RECREATION ADMINISTRATION DEPT. 18.00 27929 G NEIL COMPANIES SUGGESTION BOXES & SYSTEM-HUMAN RESOURCES 509.93 DEPT. 27930 BETH NILSSON SERVICE-SKATING LESSONS REGISTRATION. 8.00 27931 NORTH COUNTRY PEST CONTROL DECEMBER 94 PEST CONTROL SERVICE-85.20 COMMUNITY CENTER. 27932 NORTH STAR CHAPTER DUES-BLDG INSPECTIONS DEPT. 85.00 27933 NORTH STAR ICE SUPPLIES-LIQUOR STORES. 582.06 27934 PAUL OCONNELL REFUND-OVERPAYMENT UTILITY BILLING. 137.63 27935 OLSEN CHAIN & CABLE CO INC HAND WINCH/CABLES/CLIPS/SNATCH W/SHACKLE-254.26 PARK MAINTENANCE/CANVAS BUCKET-STREET DEPT. 27936 OPM INFORMATION SYSTEMS PRINTER REPAIR-STREET MAINTENANCE/FINANCE 90.00 DEPT. 27937 PAPER DI.RECT INC COMPUTER PAPER-AQUATIC & FITNESS PROGRAMS. 26.95 27938 PAPER WAREHOUSE PLATES/NAPKINS/BANNER/PUNCH BOWL/ 89.78 CHRISTMAS DECORATIONS/LADLE-FIRE DEPT/ TABLE COVERS-EMPLOYEES HOLIDAY LUNCHEON- HUMAN RESOURCES DEPT. 2797937 JANUARY 17, 1995 9. JANUARY 17, 1995 VI 27939 PARAGON CABLE MPLS REMOTE CONTROL-CITY HALL. 16.72 27940 DAVE PERKINS CONTRACTING INC STORM SEWER IMPROVEMENTS AT BRANCHING 79.00 HORN-STORM DRAINAGE PROGRAM. 27941 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION. 18.48 27942 PITNEY BOWES INC POSTAGE METER RENTAL/SOFTGUARD PROTECTION 374.51 PLAN-CITY HALL. 27943 POWERTEX SPORTSWEAR INC T-SHIRTS-ORGANIZED ATHLETICS PROGRAM. 583.14 27944 PRAIRIE ELECTRIC COMPANY INC REPLACED BALLAST FOR RAQUETTE BALL COURT/ 553.07 INSTALLED BOX FOR CARD READER/REPLACED MOTOR & HOUSING/VERIFIED CONDUITS & BOXES FOR DOOR CARD READERS-POLICE DEPT/ COMMUNITY CENTER. 27945 PRAIRIE LAWN & GARDEN MOWER-PARKS DEPT. 276.90 27946 PRAIRIE OFFSET PRINTING PRINTING FLYERS/CERTIFICATES-HISTORICAL & 635.33 CULTURAL COMMISSION. 27947 PRINTERS SERVICE INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER. 84.00 27948 JERRY PRODOEHL MEETING EXPENSES-STREET MAINTENANCE. 39.00 27949 THE PROMOTION GROUP UNIFORMS-FIRE DEPT. 2548.20 27950 JOYCE PROVO MILEAGE-ADMINISTRATION DEPT. 8.96 27951 QUALITY WASTE CONTROL INC NOVEMBER/DECEMBER WASTE DISPOSAL-355.57 COMMUNITY CENTER/'. 27952 R & R SPECIALTIES INC BOARD BRUSH-COMMUNITY CENTER. 50.59 27953 SIA RAHIMI REIMBURSEMENT OF LEAGUE FEE FOR CO REC 220.00 BROOMBALL LEAGUE. 27954 LEE RAY SERVICE-BASKETBALL OFFICIAL/FEES PAID. 595.00 27955 RESOLVE SERVICE-FACILITATION & TRAINING-HUMAN 150.00 RESOURCES DEPT. 27956 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-RILEY LK PK CONSTRUCTION. 2845.00 27957 RITZ CAMERA FILM/FILM PROCESSING-COMMUNITY 146.14 DEVELOPMENT. DEPT/SENIOR CENTER/PARK MAINTENANCE/ENGINEERING DEPT. 27958 ROGERS SERVICE STARTER/ALTERNATOR REPAIR-EQUIPMENT 534.01 MAINTENANCE. 27959 ROLLINS OIL CO UNLEADED FUEL-EQUIPMENT MAINTENANCE. 5920.00 27960 RYANS RUBBER STAMPS RUBBER STAMPS-WATER DEPT. 19.98 27961 S & B MFG CO INC ICE RESURFACER & ZAMBONI REPAIRS-161. 45 COMMUNITY CENTER. 27962 SAFETY-KLEEN CORPORATION CARBURETOR CLEANER-EQUIPMENT MAINTENANCE. 87.86 27963 ST PAUL BOOK & STATIONERY CO OFFICE SUPPLIES-POLICE DEPT/STREET DEPT/ 571.47 PARK MAINTENANCE/PARK PLANNING DEPT/ ORGANIZED ATHLETICS PROGRAM/PORTABLE COMPUTER STAND-AQUATIC & FITNESS PROGRAM. 27964 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT/ 408.23 COMMUNITY CENTER. 27965 SBS SOFTWARE CO FACILITY SCHEDULING SOFTWARE SUPPORT-PARK 63.90 PLANNING DEPT. 27966 PHIL SCHARMANN CARPET CLEANING-LIQUOR STORES. 480.00 27967 WILBUR W SCHULTZ SERVICE-VOLLEYBALL/BASKETBALL OFFICIAL/ 646.00 FEES PAID. 27968 SHAKOPEE VALLEY PRINTING PRINTING-WINTER PROGRAM BROCHURE-PARK & 5594.54 RECREATION DEPT. 2406705 JANUARY 17, 1995 10. JANUARY 17, 1995 VI 27969 ERIC SIT SERVICE-TAE KWON DO INSTRUCTOR/FEES PAID. 705.60 27970 PETER N SMITH SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 51.00 27971 W GORDON SMITH CO ANTI-FREEZE/PASTE-EQUIPMENT MAINTENANCE. 104.73 27972 SNAP-ON TOOLS CORPORATION TAPS/SOCKET/SCRSWDRIVER/PRY BAR/WRENCH-119.24 EQUIPMENT MAINTENANCE. 27973 SNYDER DRUG SNOWBRUSH W/SCRAPER/FIRST AID SUPPLIES-36.41 POLICE DEPT. 27974 SOUTH HENNEPIN REGIONAL PRINTING REPORT-HUMAN RESOURCES DEPT. 228.75 27975 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-CITY HALL. 737.27 27976 SOVRAN INC FINAL PAYMENT FOR RELOCATION OF 911 7037.69 COMMUNICATIONS CENTER & FUNCTIONS TO CITY CENTER. 27977 STAHL CONSTRUCTION CO SERVICE-CITY CENTER REMODELING. 8374.00 27978 STAR TRIBUNE EARLY SUNDAY PAPERS FOR RESALE-LIQUOR 13.14 STORE III. 27979 STATE OF MINNESOTA MINNESOTA STATUES-CITY HALL. 191. 70 27980 STREICHERS PROFESSIONAL POLICE EQ AMMUNITION-POLICE DEPT/INCANDESCENT BULBS-319.92 EQUIPMENT MAINTENANCE. 27981 SUBURBAN CHEVROLET REPLACED INJECTORS/CYLINDER HEAD/GAKET/ 1012.42 PCV VALVE/SPARK PLUG/VALVE KIT/SPINDLE/ NUTS & BOLTS/LENS-EQUIPMENT MAINTENANCE. 27982 SUN ELECTRIC CORPORATION COMPUTER REPAIR-EQUIPMENT MAINTENANCE. 211.94 27983 DARCE VINCENT SWAGGERT SERVICE-POLICE DEPT. 90.00 27984 SYSTECH SEVICES COMPUTER UPGRADE-POLICE DEPT. 2130.00 27985 TARGET STORES FILM-POLICE DEPT. 260.55 27986 JEANE THORNE INC SERVICE-ASSESSING DEPT/HUMAN RESOURCES 2298.63 DEPT/EQUIPMENT MAINTENANCE/SENIOR CENTER. 27987 TIE SYSTEMS INC-MN INSTALLED & PROGRAMMED PHONE-COMMUNITY 838.71 CENTER/MAINTENANCE AGREEMENT-CITY HALL. 27988 TIERNEY BROTHERS INC GRAPHIC TAPE-PARK PLANNING DEPT. 3.14 27989 TOLL GAS & WELDING SUPPLY ANGLE PLUG-PARK MAINTENANCE. 9.53 27990 TRACY/TRIPP FUELS DIESEL FUEL-EQUIPMENT MAINTENANCE. 2543.63 27991 TWIN CITY OXYGEN CO ACETYLENE/ARGON/CARBON DIOXIDE-EQUIPMENT 114.08 MAINTENANCE. 27992 URBAN WETLAND MGMT COALITION 1995 DUES-STORM DRAINAGE PROGRAM. 500.00 27993 UNITED FIRE FIGHTERS ASSN DUES-FIRE DEPT. 30.00 27994 UNLIMITED SUPPLIES INC NUTS & BOLTS/WASHERS-EQUIPMENT 228.78 MAINTENANCE. 27995 URBAN WILDLIFE MGMT INC SERVICE-JANUARY DEER REMOVAL SERVICE-3250.00 FORESTRY DEPT. 27996 USAQUATICS INC CHLORINE PROBE/PRESSURE TESTING OF WADING 571.57 POOL/CAULKING-COMMUNITY CENTER. 27997 VICOM INC WIRE MAINTENANCE AGREEMENT-COMMUNITY 17.50 CENTER. 27998 VOSS LIGHTING LIGHT BULBS-PARK MAINTENANCE. 77 .83 27999 GORDON WARNER VIDEO FOR ENVIRONMENTAL & WASTE MGMT 16.50 COMMISSION. 28000 WASTE MANAGEMENT-SAVAGE JANUARY 95 WASTE DISPOSAL-LIQUOR STORE I. 102.56 28001 WATER SPECIALTY OF MN-INC CHEMICALS-POOL OPERATIONS-COMMUNITY 601.40 CENTER. 3282822 JANUARY 17, 1995 11 • JANUARY 17, 1995 28002 WEATHER WATCH INC 28003 SANDRA F WERTS 28004 WEST WELD 28005 JOEL WESTACOTT PRODUCTION SVCS 28006 WEYERHAEUSER 28007 WILSON-MCLAREN RESTORATIONS 28008 WORDPERFECT MAGAZINES 28009 ZACKS INC 28010 GERALD 0 ZAHN 28011 JIM ZAIC 28012 ZEE MEDICAL SERVICE 28013 NO~EST BANKS MINNESOTA N A 28014 SPORTS SPREE PARK 28015 CIRCUS PIZZA 20850 VOID OUT CHECK 26262 VOID OUT CHECK 27234 VOID OUT CHECK 27521 VOID OUT CHECK 27546 VOID OUT CHECK 27609 VOID OUT CHECK 3533992 JANUARY 17, 1995 JANUARY 95 SERVICE-SNOW & ICE CONTROL- STREET DEPT. MILEAGE/EXPENSES-SENIOR CENTER. REPLACED WELDER DRIVE ROLLS/GROUND CLAMP- EQUIPMENT MAINTENANCE. VIDEO SERVICES/SUPPLIES-COMMUNITY SERVICES DEPT. RECYCLING CONTAINER RENTAL-COMMUNITY CENTER. SERVICE-PAINTING CEILING & WALLS-CUMMINS GRILL RESTORATION. SUBSCRIPTION-FINANCE DEPT. CRACK BROOMS-PARK MAINTENANCE. SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. MEETING EXPENSES/PLUMBING LICENSE-BLDG INSPECTIONS DEPT. FIRST AID SUPPLIES-RECREATION ADMINISTRATION/POOL LESSONS/COMMUNITY CENTER. PAYROLL 01-06-95. TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ FEES PAID. TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ FEES PAID. 12. VI 195.00 38.35 180.78 105.07 15.00 5277 .00 79.95 40.47 51.00 121.50 109.88 35511 .88 135.00 81.00 196.00- 1518.00- 125.00- 2093.74- 1525.14- 1144.08- $1471704.37 DATE: CITY COUNCIL AGENDA January 17, 1995 SECTION: Petitions, Requests, Communications DEPARTMENT: ITEM DESCRIPTION: ITEM NO. City Manager's Office Request by Chamber of Commerce To Adopt Resolution Supporting Reforms in Business VIII. A Property Taxes Requested Action: The Eden Prairie Chamber of Commerce is requesting that the City Council review and adopt the attached resolution which it has prepared. Backeround: The Chamber of Commerce Board of Directors adopted its own resolution calling on the Legislature "to make business property taxes competitive with those in Minnesota's neighboring states." This resolution was adapted from a model resolution prepared by the Minnesota Chamber of Commerce. The resolution prepared for the City states further that "the City of Eden Prairie will voluntarily work with state officials to develQP funding alternative ideas to the reliance on business property taxes" (emphasis added). It is expected that a representative of the Eden Prairie Chamber of Commerce will make a presentation on this request at the Council meeting. Supporting Documents: Communication from the Eden Prairie Chamber of Commerce *Memorandum *Proposed City Council Resolution * Adopted Resolution of Eden Prairie Chamber of Commerce Board of Directors EDEN PRAIRIE January 11, 1995 MEMO TO: Eden Prairie City Council Members Ofcomme~ FROM: Lisa Sisinni, Executive Director, Eden Prairie Chamber RE: BUSINESS PROPERTY TAX RESOLUTION The Eden Prairie Chamber of Commerce is concerned about the rising cost of doing business in Minnesota, and a large part of those expenses are due to increased business property taxes. It is the Chamber's hope that with local and state decision makers' assistance, we can encourage a more competitive and fair business property tax reform. Therefore, the Chamber of Commerce Board of Directors passed the attached Business Property Tax Resolution at their December 8, 1994 meeting. At their request I am sending you, for your review and endorsement, a copy of a proposed Business Property Tax Resolution for the City of Eden Prairie to consider at their January 17, 1995 City Council Meeting. The Eden Prairie Chamber of Commerce would appreciate the council's consideration of endorsing the resolution as written, and upon approval making the endorsement known to all local and key state legislators. Thank you for your consideration. Should you have any questions please contact me at 944- 2830. 250 Prairie Center Drive, #300 • Eden Prairie, MN 55344 • Phone (612) 944-2830 CITY OF EDEN PRAIRIE BUSINESS PROPERTY TAX RESOLUTION POSITION STATEMENT WHEREAS, businesses are the principal source of jobs and economic vitality in the City of Eden Prairie, and; WHEREAS, Eden Prairie's businesses must have competitive prices in order to stay in business and continue employing residents of our community, and; WHEREAS, business property taxes are a significant cost of doing business, equaling a second fifteen-year mortgage on every Minnesota business, and; WHEREAS, Minnesota business property taxes place local businesses at a competitive disadvantage because their taxes are significantly higher than their competitors in other states, and; WHEREAS, communities like Eden Prairie cannot afford to lose jobs because potential new employers choose other, less expensive locations, and; WHEREAS, previous efforts by the legislature to reduce effective tax rates on business property have not been successful. NOW THEREFORE BE IT RESOLVED, that the City of Eden Prairie does hereby call on the 1995 Minnesota State Legislature to act to make business property taxes competitive with those in Minnesota's neighboring states. Further, the City of Eden Prairie will voluntarily work with state officials to develop funding alternative ideas to the reliance on business property taxes. Approved by the Eden Prairie City Council on January 17, 1995. Dr. Jean Harris Mayor, City of Eden Prairie EDEN PRAIRIE Chamber of Commerce EDEN PRAIRIE CHAMBER OF COMMERCE BUSINESS PROPERTY TAX RESOLUTION POSmON STATEMENT WHEREAS, businesses are the principal source of jobs and economic vitality in the City of Eden Prairie, and; WHEREAS, Eden Prairie's businesses must have competitive prices in order to stay in business and continue employing residents of our community, and; WHEREAS, business property taxes are a significant cost of doing business, equaling a second fifteen-year mortgage on every Minnesota business, and; WHEREAS, Minnesota business property taxes place local businesses at a competitive disadvantage because their taxes are significantly higher than their competitors in other states, and; WHEREAS, communities like Eden Prairie cannot afford to lose jobs because potential new employers choose other, less expensive locations, and; WHEREAS, previous efforts by the legislature to reduce effective tax rates on business property have not been successful. NOW THEREFORE BE IT RESOLVED, that the Eden Prairie Chamber of Commerce does hereby call on the 1995 Minnesota State Legislature to act to make business property taxes competitive with those in Minnesota's neighboring states. Further, the Eden Prairie Chamber of Commerce will voluntarily work with state and local officials to develop funding alternative ideas to the reliance on business property taxes. Approved by the Board of Directors on December 8, 1994. • <'2:=-~7 Arlyn Gf1?ssing 1994 President 250 Prairie Center Drive, #300 • Eden Prairie, l\1N 55344 • Phone (612) 944-2830 CITY COUNCIL AGENDA SECTION: Reports of Advisory Committees DEPARTMENT: City Council--Ron Case Admin.--Craig Dawson Requested Action: ITEM DFSCRIPTION: Report of Tobacco Ordinance Task Force DATE: January 17, 1995 ITEM NO. IX. A It is recommended that the City Council direct preparation of an amendment to the City's ordinance regulating the retail sale of tobacco-related products in the following manner: Allow self-service merchandisers/displays only to dispense cartons of cigarettes, provided that they: Backuound: 1) are shielded in such a manner as to permit only one carton in a column to be uncovered at any time; 2) make an audible alarm when the carton is removed by the customer; and 3) are in plain view of an adult employee and no more than a short distance (i.e., four to six feet) from a cash register. Following a presentation by the Minnesota Coalition of Responsibile Retailers at the August 16, 1994 Council meeting, the City Council directed formation of a Task Force to address difficuties identified by retailers to comply fully with the City's new ordinance regulating the retail sale of tobacco-related products. It charged the Task Force to explore alternatives for merchants to meet but not compromise the intent of the ordinance--to make it as difficult as possible for minors to obtain tobacco-related products from retailers licensed by the City of Eden Prairie. Task Force members met three times and found it very difficult to develop consensus recommendations for changes to the ordinance. The only one they reached is stated in the Requested Action above. The Task Force Report and Recommendations fully discusses the group's work. It also lists several ideas which were put on the table for discussion. Supporting Documents: *Task Force Report and Recommendations (January 6, 1995) MEMORANDUM TO: Mayor and City Council FROM: Tobacco Ordinance Task Force DATE: January 6, 1995 SUBJECT: Task Force Report and Recommendations Task Force Chme: The City Council created a Tobacco Ordinance Task Force in mid- summer 1994 to address difficulties licensees were having to comply fully with the City's new ordinance regulating the retail sale of tobacco-related products. It charged Task Force members to explore alternatives for merchants to meet but not compromise the intent of the ordinance--to make it as difficult as possible for minors to obtain tobacco-related products from retailers licensed by the City of Eden Prairie. Recommendation: The Task Force could reach only one consensus recommendation to amend the ordinance-- Allow self-service merchandisers/displays only to dispense cartons of ci~arettes, provided that they: 1) are shielded in such a manner as to permit only one carton in a column be uncovered at any time; 2) make an audible alarm when the carton is removed by the customer; 3) are in plain view of an adult employee and no more than a short distance (i.e" four to six feet) from a cash register. Background The Ordinance: Council adopted the ordinance on June 14, 1994, and it took effect on June 25, 1994. Major provisions of the ordinance were: 1) Sale of tobacco-related products in vending machines was prohibited. 2) Persons selling tobacco-related products needed to be at least 18 years old. 3) Retail of tobacco-related products to customers required the "intervention" of an employee. In practice, this meant that self-service merchandisers/displays--where a customer directly picked up the product--were no longer permitted. The Council also directed that the annual license fee be raised to $250 beginning in 1995. Tobacco Ordinance Task Force Report and Recommendations January 6, 1995 Page Two Among the reasons for the 18-year-old age requirement for sales was to remove peer pressure for minors to sell to other minors. The "intervention" requirement was designed to prevent shoplifting in general, and by minors in particular. Task Force Created: On behalf of Eden Prairie licensees, the Minnesota Coalition of Responsible Retailers requested the City to amend the ordinance as it related to these two provisions (Le., the age and intervention requirements). While the retailers shared the same goal as the City--that is, not to have tobacco-related products in the hands of minors--they cited difficulties they would have in complying with the letter of the ordinance. The City Council directed formation of a task force to determine if the ordinance could be revised to accommodate the concerns of retailers but retain the intent of the ordinance. Members of the Task Force would represent the broad range of interests in the ordinance. The following persons served on the Task Force: Tom Briant, counsel for Minnesota Coalition of Responsible Retailers, and Eden Prairie resident Dave Edquist, Super America (3 licensed locations in Eden Prairie) Terry Johnson, Snyder Drug Stores (3 licensed locations in Eden Prairie) Rob Kesselring, Eden Prairie ISD #272 chemical abuse counselor Michelle Grindal, Assn. for Non-Smoker Rights, and Eden Prairie resident June Hagman, non-smoking activist and Eden Prairie resident Jim Clark and Dennis Paulson, Eden Prairie Police Department Judi Dutcher and Ric Rosow, City Attorney's Office Doug Tenpas and Ron Case, Eden Prairie City Council Craig Dawson, staff liaison from the City Manager's Office The Task Force met on September 8 and 22, 1994, and January 5, 1995. While acknowledging the legitimate concerns of the retailers, non-juvenile smoking interests, and enforcement authority (Le., the City), Task Force members could not come to a consensus on any recommendation to amend the ordinance except for the one listed above. 18+-Year-01d seller issue: Retailers cited the difficult labor pool for entry-level retail and convenience store positions in Eden Prairie. Not allowing minors to sell tobacco-related products would make their situation even more difficult. Summoning an adult employee to make tobacco sales when under-18 cashiers were on duty was highly disruptive and reduced the adults' productivity. Some licensees have a small number of employees and have a significant portion of their sales made in the tobacco products area. Licensees would likely need to terminate the employment of some of their under-18 staff. As grandfathering existing under-18 employees was a band-aid approach that would only delay the issue of recruiting an 18+ workforce, retailers were not supportive of this proposal. Tobacco Ordinance Task Force Report and Recommendations January 6, 1995 Page Three <1s+-year-old seller issue --continued> Others on the Task Force stated that deleting this provision in the ordinance would not remove the issue of minors potentially being pressured to sell to other minors. There were many jobs available to minors in Eden Prairie. The age requirement did not mean that minors could not be employed by tobacco product licensees; those employees could do everything except sell tobacco products. One Task Force member proposed a mentoring program to help minors find new jobs if their current jobs may be eliminated as a result of the ordinance. Another member believed there should be not be an inconsistent message that one could sell but not be able to use tobacco products. Self-service merchandisers/displays issue: While retailers were as concerned as the City about keeping their inventory intact, they expressed several concerns with the City's approach. Remodeling expenses would be high if products were required to be behind sales counters. Remote-control releases of products from displays currently are not available. Several communities have adopted ordinance language requiring that the products be "in plain view" of a responsible employee as an adequate safeguard to monitor sales. Having employees move from the cashier's station to the product shelves elsewhere in the store presented three problems: 1) disruption in productivity; 2) customer dissatisfaction with more time spent waiting in line; and, most importantly, 3) endangering the safety and security of employees by removing them from public safety alarm buttons. Ultimately, Task Force members agreed that personal safety issues for employees were paramount. By allowing shielded display units which sounded an alarm when a customer took a carton of cigarettes. and done so in the plain view of a responsible (i.e .. 18+-year- old) emplQyee, accomplished the goals of employee safety, customer convenience, and effectively minimizing the opportunity to shoplift tobacco products. . Administrative fines for violations: With removal of these two provisions in the ordinance, retailers suggested that the City establish a schedule of monetary fines for violations prior to suspension or revocation of their licenses. As a statutory city, Eden Prairie does not have authoritY to use administratively-imposed fines as sanctions for violations of civil law . (Some charter cities have the authority to set up these administrative fines pursuant to authorization in their charters. Minnetonka is an example of one which has done so recently by amending its charter.) " Tobacco Ordinance Task Force Report and Recommendations January 6, 1995 Page Four Other prQPosals: Several other ideas were discussed by the Task Force, but no consensus was reached to recommend that they be included in an ordinance amendment. *Allow under-I8 clerks to sell tobacco products provided that an adult manager or supervisor is on the store premises at the same time those clerks are working. *Require all retailers to have certification that their employees be trained on the legal sale of tobacco products, and require the employees to sign affidavits acknowledging their understanding of the laws relating to them. *Retailers would assist the City by providing minors for the City's compliance check activities. *Require a uniform signage program for all Eden Prairie retailers warning customers that tobacco products will not be sold to minors and identification will be checked. *Require parents of potential under-I8 employees give written consent for their children to sell tobacco-related products. Communications: The City and Task Force received several letters and phone calls about this issue from residents throughout the metropolitan area. Comments generally supported the City's ordinance as it was adopted, or encouraging amendments along the lines proposed by Eden Prairie licensees. Concludin& comments: Task Force members are pleased to have served the City Council by reviewing workable modifications to the City's ordinance regulating the retail sale of tobacco-related products. The whole issue of juvenile use of tobacco products is one which needs to be addressed by the larger community--not just the City, but other levels of government, schools, civic organizations, churches and, most importantly, parents. ROBERT I. LANG ROGER A. PAULY DAVID H. GREGERSON* RICHARD F. ROSOW MARK 1. JOHNSON JOSEPH A. NILAN JOHN W. LANG*- SUSAN M. LACH*** WILLIAM R. MILLER TODD A. SATTLER JENNIFER M. INZ * Also Admitted in Wisconsin **A1so a Certified Public Accountant *** Also Admitted in Colorado TO: LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRNE, SUITE 370 EDEN PRAIRIE, MINNESOTA 55344 TELEPHONE: (612) 829-7355 FAX: (612) 829-0713 MEMORANDUM Mayor and Members of City Council THROUGH: Carl Jullie, City Manager FROM: Roger A. Pauly, City Attorney DATE: January 11, 1995 SUBJECT: Procedures For Filling Council Vacancy MINNEAPOLIS OFFICE FIRST BANK PLACE 1600 IBM PARK BUILDING 650 THIRD AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402 TELEPHONE: (612) 338-0755 FAX: (612) 349·6718 REPLY TO EDEN PRAIRIE OFFICE Attached to this Memorandum is a copy of my Memorandum, dated November 29, 1990, relating to the above subject. Also attached is a copy of a Resolution specifying procedures to be used in the appointment process as discussed in the Memorandum. I believe the Resolution was adopted in connection with the filling of a previous council member vacancy. As the Memorandum indicates, a Council vacancy is to be filled by Council appointment, or in the event of a tie vote, the Mayor shall make the appointment. Message: 8080 Mitchell Road Eden Prairie, MN 55344 Phone (952) 949-8300 Fax (952) 949-8390 TDD (952) 949-8399 Fax Transmission Date January 15, 2002 To Ric Rosow Re Attachments to January 12, 1995, Memo Pages 14 Fax From the desk of ... Lorene McWaters Administrative Assistant Office of the City Manager 952-949-8412 ROBERT I. LANG ROGER A. PAULY DAVID 11. GREGERSON' RICHARD F. ROSOW MARK J. JOIINSON JOSEI'll A. NILAN JOHN W. LANG. CPA l.EA De SOUZA Sf'EETER JEFFREY C. APPEl.QUISP JUDITH K. DUTCIIER nARBARA M. ROSS WILLIAM R. MILLER +Alsn Authnril.W In Practkc Law in Wi5Cunsin LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW 4400 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA 55402 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 To: Mayor and Members of City Council Through: Carl Jullie, City Manager From: Roger A. Pauly, City Attorney Subject: Appointment to Fill Council Vacancy Date: November 29, 1990 EDEN PRAIRIE OFFICE SUITE 370 250 PRAIRIE CENTER DRIVE EDEN PRAIRIE. MINNESOTA 55344 TELEPHONE: (612) 829-1355 FAX: (612) 829-0113 REPLY TO MINNEAPOLIS OFFICE At the last regular meeting of the Council I was asked several questions as to the procedures for selecting a person to fill a vacancy on the Council which will occur upon Mr. Tenpas assuming the office of Mayor at the first meeting of the Council in January, 1991. Specifically the question was raised as to when does the Mayor have the responsibility to make the appointment. M.S. §412.02, Subd. 2a. sets forth the method by which a council vacancy must be filled. That subdivision provides essen- tially that a vacancy in an office is filled by Council appoint- -1- mente It also provides "In case of a tie vote in the Council, the Mayor shall make the appointment." (Emphasis supplied). When and under what circumstances is a vote in the Council considered a "tie vote"? Unfortunately there has been no reported court decision construing this provision. Even more unfortunately the Attorney General has not issued an opinion which provides much guidance in formulating an answer to that question. In one opinion to the Attorney for the Village of Sauk Rapids, dated March 2, 1962, the Attorney General concluded that the mayor was authorized to make an appointment afLer separate motions to appoint candidates A, Band D r"esulted i"n two for and two against and a ruotion made for the appointment of candidate C was not seconded and no vote was taken upon it. The mayor then deemed a tie vote had been cast and appointed candidate C to fill the vacancy. ~le Attorney General concluded that the mayor was authorized under the circumstances to make the appointment. In giving its opinion, the Attorney General referred to its earlier opinion of August 12, 1955 to the Attorney for the Village of Cedar Mills in which the facts presented stated that two trustees of a village wanted to appoint one person and the mayor and the clerk wanted to appoint another to fill a vacancy in the council. The opinion stated that they could not agree and the vote stood two and two. The Attorney General concluded that the mayor could fill the vacancy. -2- Neither of these opinions addresses the several possibili- ties that might occur on a vote, or at various procedural stages, during a selection process which mayor may not constitute a "tie vote" within the meaning of the statute. In the absence of any definition of a tie vote in the statute or the construction of those terms by a court it is not possible to predict with certainty what a court would decide in a given situation. Consequently various potentials must be considered. These include the following: A single vote after nominations have been received which does not give to anyone nominee a majority i.e. three votes with four members voting, is arguably a tie vote which would authorize the Mayor to make the appointment. In a discussion with Michael Gallagher of the Attorney General's office, he opined that a tie vote would occur after some exhaustion (not necessarily his word) of the Council's attempt to make the appointment, presumably involving more than one vote. It must be recognized however that this casual opinion would not necessarily be the conclusion of a court presented with a challenge to an appointment made by the Mayor after one vote. At the other end of the spectrum from a single vote is a proceeding in which several votes are taken, none of which results in one person receiving three votes, after which a majority of the Council concludes that the potential for the -3- Council selecting a person has been exhausted and no further voting would produce the desired result. Under such a set of facts it would be rather clear that a tie vote would exist and the appointment would then be left to the Mayor. In the course of the discussion with Mr. Gallagher we discussed the ramifications of the Council adopting a procedure in advance which would define when a tie vote would occur. My view is that, because of the absence of a statutory definition, a court would undoubtedly be influenced by th~ adoption of such a procedure. However, there is no certainty that it would necessarily be pursuaded that the procedure is binding if the procedure were to be challenged. Having said that, if such a procedure were to be adopted by the Council unanimously, it is unlikely that it would be challenged by any member, since it would have a rather strong moral force, at least as a gentleper- son's agreement. Furthermore, upon conclusion of the selection the casting of a unanimous ballot (if that were done) would be fairly conclusive as to any potential challenge from any other person such as a candidate or other citizen. Any number of procedures as contemplated in the foregoing discussion might be agreed upon in advance. One, would be to establish a series of votes designed to select a person to fill the vacancy by the process of elimination. This could be accomplished, for example, by eliminating those persons who although may have been nominated, received no votes, or the least -4- votes among those receiving votes, on the first or subsequent voting. Conversely the two nominees receiving the greatest number of votes on the first or subsequent voting could be con- sidered the final two candidates and a selection made from those two persons. If two or more persons received the same number of votes the potential would be that there would be no change in the voting pattern on a subsequent vote or votes resulting in a deadlock. In order to introduce an element of certainty as to when the last vote would be taken the procedure could provide for a maximum number of votes such as five or any other number that might be considered a reasonable attempt. If the last vote produced a deadlock then a tie vote would occur. A more simple procedure which might be adopted would be to set a certain and definite limit on the number of votes which might be taken until a tie vote is deemed to occur. Voting could commence after all candidates are nominated and would continue without eliminating any candidate until one is selected by a majority or the last vote is taken. CONCLUSION Because of the lack of a statutory or judicial definition of the terms "tie vote" the result which would be the most certain to avoid a challenge to an appointment of a person to fill a council vacancy would be for one person to receive a majority of the votes cast upon the first round of voting by the Council. -5- ! ' 20d I' lJiarch 2, 1962 47lM Hono~.b1. raul G. !fottnaan A"om.y tor the Vl11ap of Sauk bp1da 101 ' ... nth Avenue '~ortb St. Cloud, ;"11nuesotrl D •• r Sirs Thi. is in rtply to your request to~ opinion received in this ottice on Febru~ry 23, 1962. You et.at~ the .foUoid,ng l"AcTS .. It. couno1lruQn in tbe V:illQge of Sault Rapids reeenUll' rea1gned. A council member liI.'ldo fl motion tluat 'It be appointed. The vote O.l.l the motion WI8 two 'aY88' and two 'nays'. "ldentioal moti01W were hQde on behnlf of 'S' and 'D'., The votes \118" taken .on both of th ... motions and in both caa.s were two 'ayee' .. rat two '1IUYS' voted., "An 1detttlclll. naot1on was Dlade on behttl! of 'C t but this was not seconded and no vote WI. taken upon it. "The villag. f4ayor d,.llied a tie vote had been cnet' and ap~1nt.d 'e' to rill th$ v4cancyo 'e' haa since qualified." You ask tho tollowing QUESTIO.i "U.nde:r the tact. p,;1ven, WI. the raaYOl- authoriaad to 1Mb an appo1ntmen\; to till the 'VEl oancy'" 06 'L..2 '1: 1: , .. ,/~ II1II. .... . ...... Honorable Paul G. HoffaaQ -2- OPINION March 2, 1962 Lnta 1961, Chapter 230, § 1, Bubd e 2 statea in pertinent plrt •• f'oUO'W81 n •••. Vaeanclee 1n o~fice &hall be filled tor the "lila :lnder of the tel"ll by the council; in ca.. of a t1e. the ~yor eball f1ll the .acancy by appo1J;1tant tor the unexpired tarat., • • •• 1'1l18 ... laaguag8 .88 fo~rly conta1Ded :In Lalla 19.59, Cbaptl:r 61', An. VI, , 30" cited a8 No 8 9 412.02. . ,"1'1011811 this ... leAp.", H' OOllta1nad in X. 8. 212.31 ... Th. .tatUM place. no raatz-lotions DOl" cODdit1oD, up~ the _YOI' 'With reapect to whom he .7 appoint to the COWlCUo It 1s lIlY op1n1oQ, theref'orft. that; the .yor of the '~.I. of aaut·lapide " •• authoriled 1mdar the cirCUJll8taDcea .to make the Ippo.tn_nt to tiU a "a calley • . I dcloM copy of Op. Atty. Cen. 471-X, August 12, '19", tor youI' 1Il.fC)rraat~on. SOd: Vary Vuly youre WAl'llU F. MlllDALI Atto:rll8y General 06 'L.2 'l l ' .... 'WheEl YaCf.ft01 000'1.:11:""0 U. '~5.1J.t.U" aoutt:.!i:t .. B1Hl x',:tn:.d:."dnE;; f;cut::c:ll wmb are equall,. divided as -;';.0 his euccessur. th~ iUn.:i":Sl"' is l"Gl~uil.AGd to ttll the .aoanOJ 1'1 appointm3nt for the unexpind t$No •. Mr. LeROJ' A. Oa,",er Attorae, tor'lllap or Cedsl' Mille Lltcht1e14, JUnIleeot a AUG 311955 . Dear Sin lou stata all ll'fd~tTS; "Cedal' Hilla is a. mmll. v1l.h ~;~1' !,lI' lelng ·th~.ll 1000 inhBb.f.t;ante 1l1,CQrpOl"'at~d 11:1 1949. 1./~ b.l8 t~tlI"G' 1'rueteea, a -ror A\lld clel"k all (tlaet~d, fh(i sHlror ,If?.d oleric ha.... .ot lDg Pl'i rilegea,. , CfQDe ot the trustees Ns1ped. Irho rofl81n:1ng '.0 tNStee. 'Wut to aJaPolfl'{; ant;! maD and the -lrol' 8M elePk Wft't to appoint another lW'l to noll 'the vntlaHy 1D the coWleil. They CtlMot ll&Ne _ a bD Bnd ,_ vot • • 'aDds two Md t'NO.- QUISTIOW, When by :realon or Neigne'ion 01 a village truste. a Yacancy to. thl! v11.1a.a~ counoil fiL)rd>~ruhip 00.., ours and the NIlaiDing eouncil 1WJ~eh aN 0qu.alJ., 41Y1ded as to the &election oE h1t3 suco¢sso:r. bow shaU t~ "caney be 1111ed? OPINIO!i The qUt2let1otl :is a~%"""4~e-d by I4S J.9~::l; '3 :a,~.31:-f\ p~:Mw:hl:\L'1tt: to elaeted nUage officer8 tmd t,h::-rSl.liug t..~1 v.~.r:al~.c.1G6t) t';h£.oi1 PI'OYidel In put, ,... " * VacanCieG 1n orrico shall b~ t!11Gd toi," tbe ".-lnd.1' ot th .. term by t.ht,t COUl'lctl, [\!l.rijCPf.l!_at ~.J~i!, lb!..!!tr.op r fill the ~aeL.'tll a1&(li3.n~m~D D!t tftll ~&=.:a;W a, -=-------_ ...... n -__ "_ ~ V Erl7 truly fOUl'S tttL F,s LODD A. tt Omey General WILLIAM M. BERBIIS WMS... Ao.ina. Attom.,. General eo 'S"!lI~IO NW.:IO 3tlO",3'"1*' WV90:ll 06 'L.Z 'l l i I :.'.\ ~ i 11 I:.' ,; J 'I: i, P't f ' ! .' ,r j, t i .'.j § 412.018 CITIES, METROPOLITAN AREAS 1973, art. 5, § 5, as were various Special Laws of 1868, 1875, 1879 and 1891. 412.02. City elections; officers, terms, vacancies Subdivision 1. Officers elected. The following officers shall be elected for the terms and in the years shown and in the cities described in the table. Officer Mayor Clerk Treasurer Clerk- Treasurer Three Council members Four Council members Number of Years in Term Two or four Four Four Four Four Four Year Elected Every two years except where four years is otherwise provided pursuant to statute Every four years in year when treasurer is not elected Every four years in year in which clerk is not elected Every four years in year in which one council member is elected Two every four years and one in alternative election Two each election City Elected Every statutory city Every statutory stan- dard plan city in which there is no clerk-treasurer Every statutory stan- dard plan city in which there is no clerk-treasurer Every statutory stan- dard plan city where such office exists pur- suant to subdivision 3 Every statutory stan- dard plan city Every statutory op- tional plan city Subd. 2. Terms of elective officers shall commence on the first business day of January following the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until their successors qualify. Subd. 2a. A vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the nexL regular city 100 s II s It e 's y STATUTORY CITIES § 412.02 election and more than two years remain in the unexpired term, a special election shall be held at the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there shall be no special election to fill the vacancy and the appointed person shall serve until the qualification of a successor elected at a regular city election. Subd. 3. In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk-trea- surer, but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk-trea- surer or a duly appointed deputy. The offices of clerk and treasurer may be re-established by ordinance. If the offices of clerk and treasurer are com- bined as provided by this section, the council shall provide for an annual audit of the city's financial affairs by the state auditor or a public accountant in accordance with minimum auditing procedures prescribed by the state auditor. Subd. 4. Repealed by Laws 1973, c. 34, § 7. Subd. 5. Repealed by Laws 1983, c. 359, § 151. Laws 1959, c. 675, art. 6, § 30. Amended by Laws 1961, c. 230, § 1; Laws 1963, c. 799, § 5; Laws 1963, c. 811, § 1; Laws 1965, c. 417, §§ 1 to 4, eff. July 1,1965; Laws 1967, c. 289, § 2, eff. May 4, 1967; Laws 1973, c. 34, § 1; Laws 1973, c. 123, art. 2, §§ 1, 2, eff. Jan. 1, 1974; Laws 1973, c. 492, § 7; Laws 1974, c. 337, § 5; eff. March 29, 1974; Laws 1976, c. 2, § 131; Laws 1976, c. 44, § 21, eff. March 13, 1976; Laws 1981, c. 172, §§ 3, 4, eff. May 12, 1981; Laws 1983, c. 359, § 62; Laws 1986, c. 444. Historical Note Derivation: Minn.St.1957. §§ 212.34. 212.35, subds. 2. 3. Laws 1957. c. 137. § 1. Laws 1949. c. 119. § 107. Laws 1947. c. 410. § 1. Laws 1943. c. 222. § 1. St.Supp.1940. § 601-11(2)f. Laws 1939. c. 345. pt. 11. c. 2. § 7. Laws 1937. c. 137. § 1. Laws 1929. c. 413, § 2. St.l927. § 1134. Gen.St.1923. § 1134. Laws 1917. c. 402. Gen.St.1913. § 1246. Rev.Laws 1905, § 711. Gen.St.1894. §§ 1216. 1219. 1260. Laws 1891. c. 100. § 2. Laws 1889. c. 125. Laws 1887. c. 53. § 1. Gen.St.Supp.1879-88. c. 10. §§ 219. 222. 245. Laws 1885. c. 145. §§ 16. 19, 42. Laws 1957, c. 137, among other things, enact- ed a provision which appeared in Minn.St.l957 as § 212.34. subd. 3. Minn.St.1957 chapter 212 was repealed by Laws 1959. c. 675, art. 13. § 1. The 1961 amendatory act rewrote this sec- tion which formerly read: "Subdivision 1. Terms. vacancies. Village elective officers shall consist of the following: in every village, the mayor and two constables; in every village where a municipal court has been organized, municipal judges as provided by law. and in every other village. two justices of the peace; in villages operating under the standard plan of village government. the clerk. treasurer. three trustees and. if the village is a separate assessment district. an assessor; and in villages operating under an optional plan of village government. four trustees. Municipal judges shall serve for terms of four years. trust- ees for terms of three years. and all other Enacted as a part of the Election Law. See. officers for terms of two years. each commenc- sections 200.01 et seq. ing on the first business day of January follow- 101 ., CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91- RESOLUTION RELATING TO PROCEDURES FOR APPOINTING A PERSON TO FILL THE VACANT COUNCIL POSITION FORMERLY HELD BY DOUGLAS TENPAS WHEREAS, Minnesota Statutes §412.02, Subd. 2a which authorizes the appointment of a person to fill a vacancy in the office of council member does not specify the procedures appli- cable to the making of such an appointment or specify when a "tie vote in the council" shall occur in the process. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the following procedures are hereby adopted for the appointment of a person to fill the vacancy in the office of council member formerly held by Douglas Tenpas pursuant to Minnesota Statutes §412.02, Subd. 2a. 1. The Mayor and each council member may nominate two persons for the office. 2. The nominee who receives a majority vote of those voting (three if four votes are cast) shall be the person appointed to fill the vacancy. 3. Voting by the council to iill the vacancy shall be limited to the casting of a maximum of five votes (i.e. five rounds of voting). 4. If no nominee rece1ves a majority of the votes cast after five rounds of voting, it shall be deemed a "tie vote in the council" as those terms are used in Minnesota Statutes §412.U2, Subd. 2a and thereafter the Mayor shall make the appointment of whomever person he chooses. RESOLVED FURTHER, that any l"ule or rules of procedure adopted by or app11cable to the proceedings of this Council which are, or may be inconsistent here~Ji th are hereby suspended and superseded by the procedures hereLy adopted. ADOPTED by the Eden Prairie City Council on 1991. Douglas Tenpas, Mayor ATTEST: ,. , ,., . ,." ...... ,_ 1 ... The second most, but not absolutely, certain result to avoid a challenge would be that obtained pursuant to a selection proce- dure adopted unanimously by the Council prior to commencing to vote. Enclosed are copies of: M.S. §412.02, SUbd. 2a. Attorney General Opinions, dated August 12, 1955 and March 2, 1962 -6- DATE: CITY COUNCIL AGENDA January 17, 1995 SECTION: Report of the City Manager DEPARTMENT: ITEM DESCRIPTION: ITEM NO. City Manager's Office--1995 Proposed Utilities Budgets XI. B.l C. Jullie, C. Dawson Reguested Action: It is recommended that the City Council approve and adopt the 1995 proposed budgets for the Water, Sewer, and Stormwater Utility enterprises. Back&round: Enterprise funds are established for those City operations which are designed to be financed entirely with user fees. As these operations are not tax-supported, they are not required to be reviewed during the Truth-in-Taxation hearing process. Since the completion of the truth-in-taxation process, staff has been able to finish the 1995 proposed budgets for these three utilities. They are presented for your consideration. Si&nificant Issues: A two-page summary of the significant activities planned for 1995 appears at the beginning of the budget book. Among the more notable proposals are: *Two new staff positions in the Water Utility * A computer package to track and plan maintenance activities to be shared among the three utilities ($33,000) * A portable light station for emergency night repairs which could also be used by the Police and Fire departments ($19,000) *Improvements to sewer lift stations to provide greater power activation reliability ($33,300) * A consultant study to develop an inventory and water quality management plan for the surface water features in Eden Prairie ($100,000) *A net increase in MWCC disposal fees of $693,000 Financial Implications: Operating expenses for the three utilities are projected to increase from $4,851,100 in 1994 to $5,791,000 in 1995. The combined retained earnings of these utilities would decline from $1.83 million at year-end 1994 to $1.16 million at year-end 1995. The decline occurs due to continued operating losses in the Water Utility. Rates need to be examined to prevent this decline from continuing. CITY OF EDEN PRAIRIE 1995 ENfERPRISE FUNDS PROPOSED BUDGET SEWER FUND SUMMARY 1994 1995 1995 1993 1994 9130194 ADI DEPT MGR ACTUAL BUDGET ACTUAL BUDGET PROPOSED RECOMM SEWER SALES 2.149,918 2,547,100 1,946,220 2.600,000 2.600,000 2,600,000 SYSTEM ACCESS CHARGES (I%SAC) 7,376 5,100 1,300 8,000 8,000 8,000 PENALTY CHARGES 8,000 0 0 0 0 OTHER 8,135 500 600 1,000 1,000 1,000 GAIN ON SALE OF FIXED ASSETS OPERATING REVENUES $ 2,165,429 $ 2,560,700 $ 1,948,120 $ 2,609,000 $ 2,609,000 $ 2,609,000 GENERAL 1,932,371 1,443,200 1,159,001 1,459,300 2.144,200 2,143,700 ACCOUNTING 31,120 70,150 30,349 41,050 39,600 39,600 L1FT STATIONS 38,359 89,200 50,941 98,800 100,600 100,600 SYSTEM MAINTENANCE 180,106 201,600 131,888 196,500 171,400 171,400 CONTINGENCY 28,200 28,200 80,000 80,000 DEPRECIATION ON EQUIPMENT 45,364 55,000 (4,033) 55,000 46,000 46,000 CAPIT ALIZE EQUIP PURCHASES (45,600) OPERATING EXPENSES $ 2,227,320 $ 1,841,750 $ 1,368,146 $ 1,878,850 $ 2.581,800 $ 2.581,300 NET INCOME (LOSS) $ (61,891} $ 718,950 $ 579,974 $ 730,150 $ 27JOO $ 27,700 -27 - DATE: CITY COUNCIL AGENDA January 17, 1995 SECTION: Report of the City Manager DEPARTMENT: ITEM DESCRIPTION: ITEM NO. City Manager's Office--Discussion of Utility Rate Adjustments XI. B.2 C. Jullie, C. Dawson Requested Action: It is recommended that the City Council consider increasing the rates charged for water use. Backa=round: The City has not adjusted water and sewer rates since 1990. At present, there is a significant downward trend in the retained earnings of these utilities. With the increasing costs to serve customers, and with higher water plant operating costs that will occur when the water plant expansion is completed, it is appropriate to look at increasing the water fee in gradual amounts over the next few years. Discussion: The following table relates the recent and projected operating profits/losses in the water and sewer utilities: 1993 1994 1995 1996 Water $(273,300) $(682,100) $(849,500) $(850,000+) Sewer ( 61,900) 730,100 27,700 o Retained Earninqs $1,841,100 $1,889,100 $1,067,200 $ 210,000 or less Surpluses in retained earnings are used for emergencies, cash flow requirements, and to delay the need to increase billing rates. While the projection column is lacking in definitive information, it is included to show that we do not anticipate that Sewer revenues will offset losses in Water. It is expected that the MWCC's surcharge in 1996 to recover under-billing in 1994 will likely result in an operating loss for 1996. Without an increase in water rates. 1996 operating losses in Water would likely be at least as much as projected for 1995. Without an increase in rates, these utilities could be in a deficit in 1997. The City sold just over 2 billion gallons of water in 1994. A 5-cent increase in the rate for water (per 1,000 gallons) would yield around $100,000. The combined water and sewer bill is $2.85 per 1,000 gallons ($0.95 for water and $1.90 for sewer). A 20-cent increase in the water rate would represent a 7 percent increase in the water and sewer bill. Adjustments in the sewer rate should also be examined; however, it does not represent as critical an issue as the water rate. City of Eden Prairie City Offices 8080 Mitchell Road • Eden Prairie, MN 55344-4485 Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390 January 19, 1995 Mr. John D. Frane City Clerk City Center 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Frane: I am calling a special meeting of the Eden Prairie City Council Monday, January 30, 1995, at 7:00 p.m., in the City Council Chamber. The purpose of the meeting is to meet with members of the Planning Commission and Parks, Recreation and Natural Resources Commission to discuss the Tree Preservation Ordinance, and any other business that may come before the Council. Mayor of Eden Prairie JLH:mdd 11ecycled Paper