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HomeMy WebLinkAboutCity Council - 02/21/1995AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 21, 1995 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 MitcheD Road Mayor Jean 1IaI"m, Patricia Pidcock, Ronald Case, Ross Thorf"lIIMOn, Jr. and Nancy Tyra- Lukens City Manager Carl J. JuDie, Assistant City Manager Ch.rW Enger, Director of Parks, Reereation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ll. OPEN PODIUM m. MINUTF.S A. JOINT CITY COUNCILIIIUMAN RIGHTS & SERVICES COMMISSION MEETING HEI,n TUESDAY, JANUARY 17, 1995 B. CITY COUNCIL MEETING HElD TUESDAY, FEBRUARY 7, 1995 IV. CONSENT CALENDAR A. CLERK'S UCENSE UST B. CHALLENGE PRINTING 2nd Reading of an Ordinance for Zoning District Change from Rural to 1-2 on 2 acres; Adoption of a Resolution Approving Site Plan Review for Challenge Printing; Approval of a Developer's Agreement for Challenge Printing by Challenge Printing. Location: 7540 Golden Triangle Drive. (Ordinance for Zoning District . Change and Resolution for Site Plan Review) City Council Agenda Tuesday, February 21, 1995 Page Two C. METRO PRINTING 2nd Reading of an Ordinance for PUD District Amendment on 20.15 acres, PUD District Review on 7.675 acres, and Zoning District Change form community Commercial to 1-2 on 7.675 acres; Approval of a Developer's Agreement for Metro Printing by Metro Printing, Inc. Location: Equitable Drive and Valley view Road. (Ordinance for PUD District Amendment, PUD District Review and Zoning District Change) D. CONTRACT FOR WORK ON 494 TRAFFIC REDUCTION PROGRAM E. FINAL PLAT APPROVAL OF HAWTHORNE OF EDEN PRAIRIE 4TH ADDITION, located west of Dell Road and north of Erin Bay. Resolution No. 95- F. FINAL PLAT APPROVAL OF ST. MEI.I.ION PLACE, located within Bearpath. R.esolution No. 95- G. APPROVE AGREEMENTS REGARDING UTILITY ADDITIONAL CONNECTION CHARGFS FOR FOUR HOMFSTEADED PROPERTIF.S ON FRANW ROAD V. PUBUC HEARINGSIMEETINGS A. VACATION 94-15 -VACATION OF RIGHT-OF-WAY FOR. PART OF WFST 70TH STREET (Resolution) Continued from December 20, 1994 B. BIRDIE'S SPORTS PARK by Parvest, Inc. Request for Guide Plan Change from High Density Residential to Regional Commercial on 2.2 acres, Zoning District Change from Rural to Commercial Regional Service on 2.2 acres and Site Plan Review on 2.2 acres. Location: Lot 1, Block 1, Fountain Place Apartments. (Ordinance for Zoning District Change from Rural to Commerclal Regional Service and Resolution for Guide Plan Change) VI. PAYMENT OF CLAIMS vu. ORDINANCFS AND RFSOLUTIONS A. FIRST READING OF ORDINANCE AMENDING SECTIONS 5.35 AND 5.36 OF CITY CODE (Tobacco Sales) City Council Agenda Tuesday, February 21, 1995 Page Three B. RESOLUTION SUPPORTING PROPOSED 1995 LEGISLATION FOR EDEN PRAIRIE FIRE REI#IEF ASSOCIATION C. ORDINANCE REPEALING SECTIONS 5.31. 5.32 AND 5.38 OF THE CITY CODE VIll. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST REi SANDING OF TRAnS IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITI'EES X. APPOINTMENTS A. Arts Commkcdon -Appointment of 2 members for three-year terms B. Board of AP.PeBk & Adjustments -Appointment of 1 member for a three- year term C. Environmental & Waste Manacement Comm§sion -Appointment of 4 members: 3 for three-year terms, and 1 to f"ln an unexpired term to 2/28/96 D. FlyinC Cloud Airport Advisory Commiscdon -Appointment of 1 member for a three-year term -citizen representative E. Herita&e Preservation CommWdon -Appointment of 2 members for three- year terms, and 1 appointment to fill an unexpired term to 2/28/97 F. Human Richts & Services CommWdonlHuman Services Committee - Appointment of 3 members: 2 Appointments for three-year terms, and 1 appointment to f"ln an unexpired term to 2/28/97 G. Human Rirhts & Services Commgon/HmllJm Ricbts Committee- Appointment of member for a three-year term H. Human Services Committee -Appointment of 2 members for undetermined terms I. Parks, Recreation & Natural Resources Commkdon -Appointment of 2 members for three-year terms City Council Agenda Tuesday, February 21, 1995 Page Four J. Plannin& Commi§ion -Appointment of 3 members for three-year terms K. South Hennepin Rtzjonal Plannin& A&eD(J -(SHeRPA) -Appointment of Councilmember representative; appointment process for two members from advisory boards L. Community Needs and Resources Council -Appointment of Councilmember respresentative M. Tree Preservation Ordinance Review Committee -Appointment of residents at-large N. Special Board of Review -Appointment of representatives and setting of 1995 meeting date as Thursday, April 20, 1995 at 7:30 p.m. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCFS 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 (continued from January 17, 1995) 2. Award of Contrad for 1995 City Street Sweepin&-I.C.N 95-5379 Resolution No. 95-(handcarry) F. REPORT OF CITY ATfORNEY XU. OTHER BUSINESS xm. ADJOURNMENT MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 7, 1995 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Ronald Case, 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 Ric Rosow, and Council Recorder Jan Nelson Mayor Harris called the meeting to order at 7:30 p.m. Councilmember Tyra-Ll,lkens was absent. APPOINTMENT OF COUNCILMEMBER TO FILL UNEXPIRED TERM THROUGH DECEMBER 31, 1996 Mayor Harris asked Councilmembers to place one name in nomination to nIl the unexpired Council term through December 31, 1996. Case, Pidcock and Harris each nominated Ross Thorfinnson, Jr., citing as reasons for their selection Thorfinnson's broad-based perspective, track record of involvement in community activities, and voter support as evidenced in the recent election. MOTION: Case moved, seconded by Pidcock, to close the nominations and cast a unanimous ballot for Ross Thorfinnson, Jr. Motion carried unanimously. ADMINISTER OATH FOR NEW COUNCILMEMBER Assistant City Attorney Ric Rosow administered the Oath of Office to Ross Thorfinnson, Jr. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ( " Pidcock added Items XI.AI. Howard Peterson and XI.A2. Metropolitan Council and Southwest Metro Transit. i MOTION: Pidcock moved, seconded by Case, to approve the Agenda as presented and revised. Motion carried unanimously. CITY COUNCIL MINUTES 2 February 7,1995 n. OPEN PODmM Pidcock noted that Eden Prairie has again received a Certificate of Achievement awarded by the Government Finance Officers' Association for excellence in financial reporting. ill. MINUTES A. JOINT CITY COUNCILJP ARKS, RECREATION & N1TURAL RESOURCES COMMISSIONJPLANNING COMMISSION MEETING HELD MONDAY, JANUARY 30, 1995 MOTION: Case moved, seconded by Harris, to approve the :plinutes of the Joint City CouncillParks, Recreation & Natural Resources Commission! Planning Commission meeting held Monday, January, 30 1995. Motion carried with Thorfinnson and Pidcock abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 17.1995 MOTION: Case moved, seconded by Pidcock, to approve the minutes of the City Council meeting held Tuesday, January 17, 1995. Motion carried with Thorfinnson abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT PROCLAMATION FOR VOLUNTEERS OF AMERICA WEEK IN EDEN PRAIRIE, MARCH 5 -12, 1995 C. RESOLUTION NO. 95-22 APPROVING JOINT POWERS AGREEMENT FOR SOUTHWEST MUTUAL AID ASSOCIATION D. APPROVAL OF PURCHASE AGREEMENT AND OPTION AGREEMENT FOR KLEINIPETERSON PROPERTY (Resolution No. 95-23) E. APPROVAL OF RECOMMENDATION TO ACCEPT LAND DONATION FOR CONSERVATION PURPOSES F. APPROVAL OF SENIOR CENTER WOODWORK SHOP PUBLIC USE POLICIES G. ADVERTISING SIGN ZONE REMOVAL 2nd Reading of Ordinance No. 2-95 amending Section 11.70 and repealing Section 11.71 H. RESOLUTION NO. 95-24 APPROVING CEDAR HILLS REGISTERED LAND SURVEY (located north of TH 169 and east of Spring Road) CITY COUNCIL MINUTES 3 February 7, 1995 I. RESOLUTION NO. 95-25 TO PROHmIT PARKING ON CSAH 62 (from CSAH 4 to TH 101), I.C. 52-103 J. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 FOR ARCHITECT-ENGINEER SERVICES FOR WELL HOU§E NO. 12, I.C. 94-5356 K. RESOLUTION NO. 95-26 RELATING TO THE CANCELLATION OF FORFEITURE RELATING TO TAX PARCEL 01-116-22-~I-0027 MOTION: Pidcock moved, seconded by Case, to approve items A-K on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGSIMEETINGS A. PIONEER RIDGE 2ND ADDITION by RH. Development. Request for PUD Concept Review on 19.03 acres, PUD District Review on 12.13 acres, Rezoning from Rural to RI-13.5 on 12.13 acres and Preliminary Plat of 12.13 acres ipto 25 single family lots. Location: County Road 4 and Pioneer Trail. (Resolution No. 95-27 for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to Rl-13.5 and Resolution No. 95-28 for Preliminary Plat) Ron Helmer, representing R H. Development, reviewed the project. Enger said the Planning Commission reviewed the proposal at the January 9, 1995 meeting and recommended approval on a 7-0 vote, subject to the recommendations of the Staff Report of January 6, 1995. He said the Commission was concerned about the grade of the property to the north of Azalea Trail and about the issue of screening for the property to the north. Enger said Staff is recommending that they work with the property owners, the County and the developer to resolve the last remaining issues regarding access and privacy screening. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the proposal at the February 6, 1995, meeting and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Reports of January 6, and February 1, 1995. He said the Parks Commission agreed with the Staff recommendation that a sidewalk be constructed on the north side of Azalea Trail, concurrent with development of that property. Councilmembers questioned whether the sidewalk could be placed on the south side of Azalea Trail in order to cut down on the effect on the property to the north, whether additional plantings could be required if the natural vegetation is destroyed, and whether the sidewalk can be continued on the three developed lots adjacent to this development. Councilmembers expressed concern about preserving the natural vegetation hedge on the property line to the north. Lambert said the plantings issue could be looked into with the developer, and Staff could come back with recommendations on the plantings and the CITY COUNCIL MINUTES 4 February 7, 1995 location of the sidewalk before 2nd Reading. Lambert said Staff will have to talk to the owners of the three adjacent lots about the sidewalk, since the sidewalk could be put in the right-of-way but it would be a question of who will pay. Councilmembers questioned the process used to name streets in areas that are being developed, whether the Heritage Preservation Commission could be included in the street-naming process, and whether the question of flow is looked at when the decision is made that wetlands will not be disturbed. Dietz said the name, "Azalea Trail," was selected in a previous plat of the property and that Staff usually lets the developer decide the street names. Lambert said the Parks and Recreation Department does not make the decision regarding wetlands, rather it is state law regarding maintaining wetlands and the drainage to wetlands. Larry Johnson, 8947 Eden Prairie Road, said he is concerned about the grade difference between County Road 4 and Eden Prairie Road and about the screening of traffic, especially if a sidewalk is put in on the north side. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to adopt Resolution No. 95-27 for PUD Concept Review~ to approve 1st Reading of an Ordinance for PUD District Review and Rezoning from Rural to RI-13.5; to adopt Resolution No. 95-28 for Preliminary Plat approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and with the further condition that Staff and proponent work between 1 st and 2nd Readings to address the issues of screening, the sidewalk, and the right-of-way. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETmONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM TANDEM PROPERTIES FOR THAi CITY COUNCIL TO REVIEW THE BOARD OF ADJUSTMENTS & APPE S DENIAL DECISION OF SIGN VARIANCE REQIJEST NO. 95-06, AND SET HEARING DATE TO MARCH 21. 1995 MOTION: Pidcock moved, seconded by Case, to review the ~oard of Adjustments and Appeals denial decision of Sign Variance Request No. 95-06, and set a hearing date for March 21, 1995. CITY COUNCIL MINUTES 5 February 7,1995 AMENDMENT TO THE MOTION: Case moved, second~d by Pidcock, to add the request that Tandem Properties submit the plan to the Heritage Preservation Commission and the Arts Commission for their input. Enger noted that the legal interpretation of this issue would be reserved to the City Council and to the Board of Adjustments and Appeals. Councilmembers expressed concern that submitting the request to the Heritage Preservation and Arts Commissions might set a precedent that is not appropriate, that denying the request might also set an inappropriate precedent and that, while the issues involved in submitting the request to the two Commissions are important, this case may not be the appropriate one to use to explore those issues. Councilmembers discussed having the Heritage Preservation Commission and the Arts Commission examine the ordinance and give their perspective on the issues involved. VOTE ON THE AMENDMENT: Motion failed with Pidcoc,k, Thorfinnson and Harris opposed. VOTE ON THE MOTION: Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES x. APPOINTMENTS A. APPOINT TWO COUNCILMEMBERS TO THE HOUSING & SOCIAL SERVICES COMMITTEE MOTION: Case moved, seconded by Pidcock, to appoint Thorfinnson and Pidcock to serve on the Housing & Social Services Committee. Motion carried unanimously. B. APPOINTMENT TO THE 1-494 CORRIDOR COMMISSION MOTION: Pidcock moved, seconded by Case, to appoint Tq.orfinnson to serve as the representative to the 1-494 Corridor Commission. Motion carried unanimously. C. FORMATION OF TREE ORDINANCE STUDY COMMITTEE Lambert said the Parks Commission reviewed the recommendation made at the Joint CouncillParks Commission/Planning Commission meeting at their February 6, 1995, meeting and recommended that the study committee be fonned. The Commission also selected two Commissioners to serve as representatives on the Committee and requested that the Commission be allowed to submit a list of names for the citizen/developer representatives. CITY COUNCIL MINUTES 6 February 7,1995 MOTION: Pidcock moved, seconded by Thorfinnson, to establish the Tree Ordinance Study Committee to review the present Tree Replacement Ordinance. Motion carried unanimously. MOTION: Pidcock moved, seconded by Thorfinnson, to appoint Case and Tyra-Lukens to serve on the Tree Ordinance Study Committee. Motion carried unanimously. Councilmembers discussed the criteria for appointment of the citizen/developer committee members. The consensus was to have Staff and the Parks Commission prepare a list of names from which the Council will select the balance of the Committee membership at the February 21, 1995 meeting. Xl. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Howard Peterson Pidcock said she would like to be sure that Howard Peterson is honored for his years of service to the Watershed District. Jullie said he would be recognized at the Awards Banquet. 2. Metropolitan Council and Southwest Metro Tran~it Pidcock said that the Metropolitan Council has not yet given approval of the 1995 amended budget for Southwest Metro Transit Commission and she asked Councilmembers and Staff to use their influence with any Met Council members to get the approval. The Met Council is asking Southwest Metro to donate part of their funds back to the Council because they have no funds available for regional uses. Jullie said Staff could draft a letter so that we can stay involved with the process and ask for their c.ooperation. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Citizen Involvement in Monitoring Development Lambert said that, at the recent joint meeting of the Cquncil, Parks Commission and Planning Commission, staff was directed to provide a recommendation on using citizens to help monitor development throughout the community. On the advice of the City Attorney, Staff is recommending that the first method outlined in the Staff Report of February 7, 1995 be adopted whereby at the end of the approval process a summary sheet is sent to the surrounding neighbors of new development proposals. The summary would provide information on what was CITY COUNCIL MINUTES 7 February 7,1995 approved, when development could be expected to begin and any special conditions of approval. Names and phone numbers of City staff would be listed so that citizens could call for information or to report concerns. MOTION: Pidcock moved, seconded by Case, to set up a six month trial of the process for the communication and monitoring of development projects to citizens per the recommendations of the Staff RePQrt of February 7, 1995. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Utility Rate Adjustments (Resolution) Dietz reviewed his memo of February 7, 1995, recommending the amendment of Fee Resolution No. 95-1 to increase sanitary sewer and water user charges a total of 7%. Councilmembers asked about the cost of sanitary sewer per 1000 gallons, the metro average for water and sewer, and if there is an Qptimum level of retained earnings. Dietz explained the three factors that work together to determine the cost of sanitary sewer, noting that it is difficult to get an average figure for metro water and sewer. Dietz said we have tried to keep the retained earnings at $1 million, although retained earnings tend to increase shortly after rates are increased, with a gradual decrease as the costs catch up to the rate increase. He said it may be that we should consider making more frequent adjustments. MOTION: Pidcock moved, seconded by Case, to adopt Resolution No. 95-29 amending Resolution No. 95-1 to increase sanitary sewer and water user charges a combined total of 7%, per the recommendations of the Staff Report of February 7, 1995. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:50 p.m. MINUTES EDEN PRAIRIE CITY COUNCIL JOINT MEETING wrm HUMAN RIGHTS and SERVICES COMMISSION TUESDAY, J~ARY 17, 1995 6: 15 PM, CITY CENTER Council Chamber -8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Ron Case, H. Martin Jessen, Patricia Pidcock and Nancy Tyra-Lukens HUMAN RIGHTS and SERVICES COMMISSION: Bette Anderson, Jim Biwer, Peg DuBord, Peter Iversen, William Jackson, Dianna Nelson, Judy Schuck, Lawrence Schram, Ross Thorfinnson, Jr., Munna Yasiri, (students) Joseph Moarefi and Henry Wang STAFF: City Manager Carl Jullie, Director of Human Resources, Community Information and Services Natalie Swaggert ., ROLL CALL: All members were present except Biwer, Nelson, Schram and Moarefi CALL TO ORDER: Mayor Harris called the meeting to order at 6: 15 p.m. I. APPROVAL OF AGENDA The agenda was accepted as prepared. II. UPDATE ON ACTIVITIES SINCE LAST JOINT MEETING R. Thorfinnson opened the meeting with introductions of the Commission members in attendance. He explained that the Commission had prepared a summary of its activities since the last joint meeting of the Commission and the City Council in 1992. Thorfinnson began with an explanation of the Commission/Committee structure that began on a pilot basis in November 1992. He noted that the agenda included requirements for the City Council to address the organization of the Commission and determine if the Commission/Committee approach should be continued. Joint Human Rights and Services Commission Minutes: January 17, 1995 Page Two R. Thorfinnson summarized the activities of the Human Rights Committee, including: development and adoption of the Manifesto, the expansion of the MLK celebration to two events, the current work to develop a Bias Crime Response Network, and the increasing need to provide diversity training for all members of City advisory boards and commissions. He then summarized the human service activities. Highlights included initi~ting the Youth-At-Risk Committee which sponsored the campaign to bring Teens Alone to Eden Prairie, and the past year's activity in support of the Housing and Social Services Committee. Other areas of contribution included work with SHeRPA and the Community Needs and Resources Council. Thorfinnson also noted the Commission acceptance of the role as the City's ADA Grievance Committee. ID. DISCUSS 1994 -1995 GOALS AND STATUS Thorfinnson reviewed the overall goals of the Commission linking them to the activities he had listed and then described the ongoing responsibilities of the Commission. Ongoing Activities and Responsibilities • Review and monitor development proposals that have an impact on special populations of the City. • Monitor the activities and level of service provided by organizations being funded by the City. • Monitor the level of services and programs offered to the Seniors in the community. • Maintain an awareness of transportation issues and services impacting Eden Prairie. • Actively support projects related to transportation improvement. ~ • Support the activities of the Eden Prairie Community Needs & Resources Council and South Hennepin Regional Planning Agency. • Annually, sponsor the Human Rights Award nomination and selection process. • Offer assistance to the School District and the City in their diversity and affirmative action efforts. • Assist in publicizing the rental housing code ordinance. Joint Human Rights and Services Commission Minutes: January 17, 1995 Page Three Following Thorfmnson's review, members of the City Council offered their view points and observations. R. Case stated that the needs of Seniors are changing and that additional services are needed beyond recreation. He said that there would be value in the Council reviewing how the City deals with Senior issues. P. Pidcock added that the Council has had a goal to address issues impacting Seniors and that maintaining independent living was important. Other comments were shared regarding the City Council's appointment process for members of Boards and Commissions. J. Schuck emphasized the importance that appointees to the Human Rights and Services Commission being familiar with the City's Manifesto and committed to supporting its principles. R. Case stated that it was important to appoint people with appropriate knowledge, skills, and commitment to Commission seats and he suggested that the appointment process be a subject for an upcoming Council workshop. IV. COMMISSION ORGANIZATION STRUCTURE R. Thorfinnson concluded his presentation by stating that the Commission wanted to continue to review the current committee structure during 1995. J. Harris noted that as the City grows it becomes more complex. It is now dealing with issues like ADA, diversity, socio-economic differences and age. She said she was glad to see that the Commission was willing to re-evaluate itself and determine if it was appropriate to meet the growing needs of the community. She suggested that it might be time to break into two separate but equal functions, one to deal with Human Rights and one to address Human Services. She also noted the important work being done by the Committee on Housing and Social Services. She asked the Commission to closely evaluate its current structure (is it the best?) and asked that it bring back a recommendation to the Council. v. ADJOURN jt-hncm.195 rev 2/16195 • DEPARTMENT: CITY COUNClL AGENDA SECTION: CONSENT CAL ENDAR ITEM: DESCRIPTION:- DATE: 2-21-95 ITEM: NO. Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. CONTRACTOR (MULTI-FAMILY & COMM.) R. E. Almquist Construction Carpenter Construction, Inc. Ea ton Corporation Penn-Co Construction, Inc. Steiner Development Stordahl Construction PLUMBING Buchman Plumbing Co., Inc. Coke1 y P1 umbing Leon Duda Plumbing Services Egan & Sons Company General Plumbing & Heating, Inc. K'S Mechanical Lakeside Plumbing & Heating Majo r Mechani ca 1, Inc. Bruce Nelson Plumbing & Heating New Mech Companies, Inc. South/West Metro Plumbing Westonka Plumbing & Heating, Inc. Zimco Specialties, Inc. GAS FITTER Abe1/B&C, Inc. Alpine Heating & Cooling Co kJey Pl umbi ng Countryside Heating & Cooling Leon Duda Plumbing Economy Gas Installers, Inc. Egan & Son Company General Plumbing & Heating K IS Mechani cal Lakeside Plumbing & Heating Randy Lane & Sons Plumbing & Heating Action/Direction: 2-21-95 . page 1 GAS FITTER (continued) Major Mechanical, Inc. M~ster Mechanical, Inc. New Mech Companies, Inc. Sedgwick Heating & Air Conditioning Westonka Plumbing & Heating, Inc. HEATING & VENTILATI~G Abel/B&C, Inc. Alpine Heating & Cooling Area Mechanical, Inc. Countryside Heating & Cooling Egan & Sons Company . Master Meahanical, Inc. New Mech Companies, Inc. Riccar Heating & Air Conditioning S & W Heating Sedgwick Heating & Air Conditioning South-Town Refrigeration,Inc. UTILITY INSTALLER K'S Mechanical PRIVATE KENNEL Stephan ie & Rhett Bonner COMMERCIAL KENNEL Anderson Lakes Animal Hospital, P.A. MECHANICAL GAMES American Amusement Arcades Carousel of DesMoines, Inc. ....... ,- . ----.... . ··::~):~:-:.fi~-·::;~~ DATE: CITY COUNCIL AGENDA SECTION: CONSENT CALENDAR 2-21-95 DEPARTMENT: ITEM DESCRIPl10N: ITEM NO. Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE. BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. MECHANICAL GAMES (continued) Gina Maria's Pizza Family Fun WOTld Lion's Tap Marcus Vending REFUSE HAULERS A W Disposal Aagard Environmental Sanitation Admi rill. Waste r~anagement Aspen Waste Systems, Inc. BF! Industri es Dick's Sanitation Service Lightning DiSposal, Inc. Quality Waste Control R & W Roll Off Service, Inc. Randy's Sanitation, Inc. Vasko Rubbish Removal, Inc. Waste Management -Savage Woodlake Sanitary Service, Inc. CIGARETTE Driskill's New Market Eden Prairie 66 Emporium Exceptionale, Inc. Garden Court Gifts Ma rk 's Amo co Hwy. 5 Mark's Amoco Aztec Drive Mark's Amoco Flying Cloud Drive Preserve Rexall Drug Shady Oak Fina Shinders Book Store W. Gordon Smith -Wallace Rd. Snyders Drug Store #54 Snyder Drug # 87 T.L.C. Cafe Action/Direction: 2-21-95 page 2 CIGARETTE (continued) Total Mart Wa 1 greens Wa 1 -Ma rt Sto re TYPE A FOOD Driskill's New Market TYPE B FOOD Emporium Exceptionale, Inc. Garden Court Gifts Preserve Rexall Drug Shinders Book Store . W. Gordon Smith Co. Snyders Drug # 54 Snyders Drug # 87 Walgreens Wal-Mart Store TYPE C FOOD Eden Prairie 66 Mark's Amoco -Hwy. 5 Mark's Amoco -Aztec Drive Mark's Amoco -Flying Cloud Drive Shady Oak Fina Total Mart EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-21-95 SECTION: 2ND READING ITEM NO. ut·B DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger CHALLENGE PRINTING Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Change from Rural to 1-2 on 2 acres; • Resolution for Site Plan Review • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Resolution for Site Plan Review 3. Developer's Agreement rr,B. -I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. CHALLENGE PRINTING AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPT~ 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the 1-2 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the 1-2 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of February 21, 1995, entered into between Challenge Printing and the City of Eden Prairie, and which Agreement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of January, 1995, finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 21st day of February, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on --------------------------- N. B.-2.. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. CHALLENGE PRINTING AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WIDCH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 7540 Golden Triangle Drive from Rural to 1-2 on 2 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ArrEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) N.B.-3 Exhibit A Legal Description Challenge Printing Preliminary Plat and Site Plan Review: Lot 1, Block 1 and Outlot A, Technology Park 8th Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Zoning District Change: Outlot A, Technology Park 8th Addition, according to the recorded plat thereof, Hennepin County, Minnesota. CHALLENGE PRINTING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CHALLENGE PRINTING BY CHALLENGE PRINTING WHEREAS, Challenge Printing has applied for Site Plan approval of the Challenge Printing on 6.52 acres for construction of 43,400 sq. ft. addition located at 7540 Golden Triangle Drive to be zoned 1-2 by an Ordinance adopted by the City Council on February 21, 1995; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its December 12, 1994, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its January 17, 1995, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Challenge Printing for construction an addition, based on plans dated January 12, 1995, between Challenge Printing, and the City of Eden Prairie. ADOPTED by the City Council on February 21, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk IT. B.-5 DEVELOPER'S AGREEMENT CHALLENGE PRINTING 1995 Amendment THIS AGREEMENT, made and entered into as of February 21, 1995, by Challenge Printing Corporation, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to 1-2 on 2 acres, Site Plan Review on 6.52 acres, and Preliminary Plat of 6.52 acres into 1 lot for construction of a 43,400 sq. ft. addition, all on 6.52 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" • NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Rezoning, and Resolution No. for Site Plan Review, and Resolution No. __ _ for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on January 17, 1995, revised and dated January 12, 1995, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. LAND ALTERATION AND EROSION CONTROL PLAN: Prior to any construction or development on the property, Developer shall submit to the City Engineer and receive the City Engineer's approval of a land alteration and erosion control plan for the property. The plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City'S Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Developer will implement, or cause to be implemented, said erosion control plan in accordance with the terms and conditions of Exhibit C and Exhibit D, attached hereto. -ur.B.-6 4. LANDSCAPE PLAN: The Developer has submitted to the City and has received the City's approval of a landscape plan for the Property. Prior to building permit issuance, Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 150 % of the cost of said improvements as required by City code. Developer will implement, or cause to be implemented, said landscape plan in accordance with the terms and conditions of Exhibit C, attached hereto. 5. IRRIGATION PLAN: Prior to building permit issuance, Developer shall submit to the Community Development Department and obtain written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees that concurrent with construction of the structure on the Property, Developer will implement, or cause to be implemented, said irrigation plan, in accordance with the terms and conditions of Exhibit C, attached hereto. 6. SCREENING OF MECHANICAL EQUIPMENT: Developer has submitted to City, and obtained City'S approval of a plan for screening of mechanical equipment on the Property to occur concurrent with building construction. Security to guarantee said screening shall be included with that provided for landscaping on the Property, per City Code requirement. If, after completion of construction of said mechanical equipment screening, it is determined by City, in its sole discretion, that the constructed screening does not meet the Code requirements to screen said equipment from public streets and differing, adjacent land uses, then City shall notify Developer and Developer shall take corrective action to revise the mechanical equipment screening in order to meet Code requirements. Developer acknowledges that City will not release the security provided until any such corrective measures are satisfactorily completed by Developer. 7. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the Community Development Department, and obtain written approval of samples of exterior materials and colors to be used on the building on the Property. Upon approval by the Community Development Department, Developer agrees to utilize the approved exterior materials concurrent with building construction on the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. 8. PROOF OF PARKING SPACES: Developer and City acknowledge that the twenty-three (23) proof of parking spaces proposed for the Property, depicted in Exhibit B, attached hereto, are designated for use by Challenge Printing and that said spaces are not required to be constructed at this time. However, said spaces may be required to be constructed in the future, if it is determined by City, in its sole discretion, that it is necessary. -or. B. -7 At such time as City, in its sole discretion, may determine that it is necessary for all, or a portion of, said twenty-three (23) proof of parking spaces to be constructed in order to accommodate Challenge Printing's use, the following shall occur: A. City shall notify Developer in writing of the need to construct all, or a portion, of said twenty-three (23) proof of parking spaces. B. Within six (6) months of receipt of written notice from City, Developer agrees to have completed construction of all required parking spaces, as determined by City, in the locations depicted in Exhibit B, attached hereto. 9. FILING OF FINAL ORDER # 95-05: Developer agrees to fIle Final Order #95-05 of the Board of Adjustments and Appeals on the Property at Hennepin County prior to the building permit issuance. Prior to the release of any building permit on the property, Developer agrees to provide proof of flling to the City. IT: B. -8 CHALLENGE PRINTING OWNERS' SUPPLEMENT TO DEVEWPER'S AGREEMENT BETWEEN CHALLENGE PRINTING AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of February 21, 1995, by and between Robert I. Lothenbach, an individual, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. _-_, changing the zoning of the Property owned by Owner from the Rural District to the 1-2 District, as more fully described in that certain Developer's Agreement entered into as of February 21, 1995, by and between Challenge Printing Corporation, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Challenge Printing Corporaiton fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. w.8.-9 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-21-95 SECTION: 2ND READING ITEM NO. N.~ DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger METRO PRINTING Don Uram Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd 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; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Developer's Agreement }1[.c...-\ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-95-PUD-2-95 METRO PRINTING AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WIDCH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Community Commercial District and be placed in the Planned Unit Development 1-2 Zoning District 3-95-PUD-2-95 (hereinafter "PUD-2-95-1-2 "). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of February 21, 1995, entered into between Metro Printing, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-2-95-1-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-95-1-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-95-1-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-95-1-2 are justified by the design of the development described therein. D. PUD-2-95-1-2 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Community Commercial District and shall be included hereafter in the Planned Unit Development 2-95-1-2 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. N.c... -2- Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. Section 8. That action was duly initiated proposing that the zoning of 20.15 acres of land be amended within the 1-2 Zoning District. The proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the 1-2 Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of January, 1995, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 21st day of February, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ----------------------------------- ff.C· 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. METRO PRINTING AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Equitable Drive and Valley View Road from Community Commercial to 1-2 on 7.675 acres and PUD District Amendment on 20.15 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) "N.L.-4 Legal Description Metro Printing Proposed Lot 1, Block 1 of Outlot A, Edenvale 9th Addition DEVELOPER'S AGREEMENT METRO PRINTING THIS AGREEMENT, made and entered into as of '5 bC!tlA~ ZI, l~qfDy Metro Printing, Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and the CI Y OF EDEN PRAIRIE, a mumclpal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City 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 Zoning District on 7.675 acres, Site Plan Review on 7.675 acres and Preliminary Plat of 20.15 acres into two lots for construction of an office/manufacturing building of approximately 45,955 square feet with expansion to 72,949 square feet, all on 20.15 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. , and Resolution No. ___ for Preliminary Plat and Resolution No. Site Plan Review; Developer covenants and agrees to construction upon, development, and maintenance of the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on January 17, 1995, and dated January 12, 1995, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to approval by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. W.e.. -Co 4. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to apply to the City, and obtain the City Council's approval of a land alteration pennit for the Property. Developer agrees to abide by the terms and conditions of the City's Erosion Control Policy, attached hereto as Exhibit D. 5. SOILS REPORTS AND IMPLEMENTATION PLAN: Prior to issuance ofanypennit for grading on the site, Developer shall provide the City with a detailed soils report, assessing the existing soils for stability of the proposed 2.5 to I slopes and, and obtain the City Engineer approval, an implementation plan for construction and restoration of the slopes. Upon approval by the City Engineer, the Developer agrees to construct or cause to be constructed said slope stabilization in accordance with the Implementation Plan 6. EXTERIOR MATERIALS: Prior to the issuance of any permit for construction of structures on the property, Developer shall submit to the Community Development Department and receive the Community Development Department's approval of samples of proposed exterior materials and colors. Upon approval by the Community Development Department, the Developer agrees to construct or cause to be constructed said exterior materials in accordance with the plans depicted as part of Exhibit B, and in accordance with the provisions of Exhibit C attached hereto. 7. MECHANICAL EQUIPMENT SCREENING PLAN: Prior to building permit issuance, the Developer shall submit to the City and receive the Community Development Department's approval of a mechanical equipment screening plan developed in accordance with the City code. Upon approval by the Community Development Department, Developer agrees to construct or implement said mechanical equipment screening plan in accordance with the terms and provisions of Exhibit C attached hereto. 8. TRASH: Developer agrees that all trash and recycling areas shall be screened from adjacent roadways and Purgatory Creek. 9. SIGNING: Developer has submitted a sign plan as depicted on Exhibit B, attached hereto. Developer agrees that the building materials for the free-standing monument shall be compatible with exterior materials and colors used on the building. 10. LIGHTING: Developer has submitted an exterior lighting plan for the property utilizing 25 foot high, downcast lighting standards. Any lighting proposed on the building shall be downcast cutoff Iuminars (shoebox design) to direct lighting onto the ground and not cause glare offsite. 11. TRAIL ALIGNMENT: Prior to the issuance by the City of any permit for construction on the Property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for the trail to be constructed on the property. Said trail shall be constructed in the following location as depicted on Exhibit B, attached hereto: R.~.-7 A. An eight-foot ag-lime wide trail along the north side of Purgatory Creek.. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer agrees to construct, or implement said trail concurrent with construction of utilities on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 12. PROOF OF PARKING: Developer and City acknowledge that 37 proof of parking spaces are proposed for the Property, depicted in Exhibit B, attached hereto and are designated for the use by Metro Printing. Said spaces are not required to be constructed at this time. However, said spaces maybe required to be constructed in the future ifit is determined by the City, in its sole discretion, that it is necessary. At such time as City, in its sole discretion, may determine that it is necessary for the required 37 proof of parking spaces to be constructed, the following shall occur: A. City shall notify the Developer in writing that it must construct the required 37 proof of parking spaces. B. Within six months of the receipt of written notice from the City, Developer agrees to have completed construction of the required 37 proof of parking spaces, as determined by the City, in the location as depicted in Exhibit B, attached hereto. N. c..-8 OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN METRO PRINTING, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1995, by and between THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New York corporation, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. _-----' changing the zoning of a 7.675 acre parcel of property owned by Owner from the C-Comm District to the 1-2 District, as more fully described in that certain Developer's Agreement entered into as of , 1995, by and between Metro Printing, Inc., a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Metro Printing, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose City Council action to revoke the 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, Site Plan Review on 7.675 acres and Preliminary Plat of 20.15 acres approval, thus restoring the existing status of the property before this project was approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property only if owner or any such successor or assigns elects to develop the project identified in the plans submitted by Metro Printing Inc. in connection with the Developer's Agreement. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. 4. Owner is executing this supplement to the Developer's Agreement for the sole and express purposes of agreeing to the terms hereof and of consenting to the execution of said Developer's Agreement; but by doing so Owner does not assume any obligations of the Developer under said Developer's Agreement unless Owner proceeds with the development of the property. w.e. -9 CITY COUNCIL AGENDA DATE: SECTION: Consent February 14, 1995 DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development Contract for Work on Chris Enger 1-494 Traffic Reduction JY.D. David Lindahl Project. REQUESTED COUNCIL ACTION: Approve Contract with LGR Consultants to begin work on a congestion reduction program on 1-494. The contract will be administered through the 1-494 Corridor Commission (seven city joint powers organization). The total contract amount is $177,000, with 80% or $141,600 funded through a federal grant, and the balance of $35,400 through the Commission (membership dues). The Agreement governing the Commission requires approval from all seven cities for contracts exceeding $5,000. BACKGROUND: The 1-494 Corridor Commission is comprised of the cities of Eden Prairie, Bloomington, Edina, Minnetonka, Maple Grove, Plymouth, and Richfield. Its primary purpose is to develop and implement a plan to reduce peak hour traffic congestion and improve air quality on 1-494. A plan has been developed that encourages employers throughout the Corridor to consider ridesharing, transit, and staggered work hours to help ease congestion. A federal Congestion Management and Air Quality (CMAQ) grant for $158,524 has been awarded to the 1-494 Corridor Commission to administer the program over the next two years. The $16,824 in uncommitted federal funds will remain available to the Commission for any unexpected expenditures. Additional federal funds will be pursued to fund the program through 1998. TIr. D-\ Contract No. Agreement between the 1-494 Corridor Commission and IJR, Inc. nus AGREEMENT is made this _ day of Febnwy, 1995, by and between the 1-494 Corridor Commission, a joint powers agreement organization consisting of the cities of Bloomington, Edina, Eden Prairie, Maple Grove, Minnetonka, Plymouth and Richfield located at 9401 Fembrook Ln, Maple Grove, Minnesota 55369 ( hereinafter referred to as the "Commission") and UR, Inc (hereinafter referred to as the "Consultant") ... Witnesseth WHEREAS, the access to ~ growing number of jobs and the mobility of residents of the cities along 1-494 could be affected by the growing congestion along portions of 1-494 and the disruption from the re-building of this freeway, and WHEREAS, the Cities of Bloomington, Edina, Eden Prairie, Maple Grove, Minnetonka, Plymouth, and Richfield have joined together to form. a joint powers organization, the 1-494 Corridor Commission, to develop a strategy that addresses the growing congestion on 1-494, anticipates its re-construction and the need to relate this re-building to efforts that increase the utilization of the existing highway capacity by encouraging employees to ride rather than drive alone to work, and WHEREAS, the Commission has applied for and received approval to spend Suburban Mobility Initiatives (SMI) planning funds and Congestion Management and Air Quality (CMAQ) funds to plan, organize and implement a program of Travel Demand Management (1DM) along the 1-494 corridor, and rr. D. -2.. WHEREAS, the Commission sought proposals for individuals and organizations to undertake the planning and implementation of a roM program directed initially to the larger employers and building managers of larger buildings and complexes along the corridor, and WHEREAS, the Consultant conveyed in its response to a Commission proposal that it possesses the professional expertise to conduct the required work, and WHEREAS, the Commission desires to engage the Consultant to perform the planning and roM implementation work. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. Term of Agreement The term of this Agreement is March 1, 1995 through May, 31, 1997, subject to review and agreement by the Commission to continue the contract into the first year of implementation, and for a second year of implementation by May 31, 1996, and subject to termination as provided in Paragraph V. n. Duties of Consultant A The Consultant shall provide professional services in accordance with this Agreement, and the Management Plan (attached hereto as ExhIbit A and incorporated by reference herein). B. Consultant agrees to provide services in accordance with the highest professional standards in the performance of this Agreement. C. It is understood that Lisa Raduenz will act as Project Director and Gina Baas as IDM Administrator. Any changes in staff members must be approved in writing by the Commission. TIT. D. -3 D. The Consultant may subcontract some of its obligations under this contract to a third party including the development and printing of marketing materials, smveys, smvey analysis and market research subject to written approval of the Commission. The Commission retains the right to disapprove any third party contracts. Consent to any subcontract shall not relieve the Consultant of its primary responsibility for performance hereunder. E. The consultant shall submit monthly progress reports in a format agreed to by the Commission which includes a narrative statement of progress on all work tasks identified in the Management Plan, conformance to the project schedule for each of the tasks, monthly activities completed, and next months' activities. The attached Management Plan (Exhibit A) details various pbmning and set up tasks to be accomplished as Phase 1 of the work plan before a Phase 2 roM Implementation Program is advanced throughout the corridor. A comparable detailed roM Program Implementation work plan for Phase 2 must be produced by the Consultant and agreed to by the Commission following completion of the work tasks identified in Phase I or no later than September 15, 1995, or a mutually agreed upon date in 1995, for work to proceed under this contract. F. The Consultant shall submit monthly invoices which show the classification of pay, hours worked, total payments and the financial state of the project by task, including the same information for sub-contracts. The costs of all material and purchases charged under this Agreement shall be itemized. G. If the Commission requires a change in the scope of the work descn"bed in ExhIbit A,and in subsequent Management Plans for Phase 2 and the second implementation year, the adjustment in time and compensation to the Consultant for performance of the work as modified shall be mutually agreed upon by and between the parties to the Agreement. Such changes shall 3 TIT. D. -4 be effective only on the execution of written amendment(s) signed by the Consultant and the Commission. Such amendment(s) shall be incorporated as written amendments to this Agreement. H. The Consultant agrees that the Consultant or anyone acting on behalf of the Consultant will comply with all federal, state and local laws, rules and regulations in performance of the services. L The Consultant agrees that it presently has no interest and shall. acquire no interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereuader. The Consultant further agrees that in the performance of the Agreement, no person having any such interest shall be employed. The Consultant shall disclose to the Commission any contract, agreement or understanding that the Consultant has as of the date of submission of the agreement, or in the future may have, with any entity or individual which, in the Consultant's opinion, may represent a conflict of interest in the performance of the consultant's performance of its duties for the Commission, and if the Commission determines that there is in fact a conflict, then the Consultant shall forthwith resign from such conflicting contract, agreement or understanding, in which event the agreement shall remain in full force and effect. In the event the Consultant does not so resign, then the Commission shall have the option of terminating the agreement. J. The Consultant shall not offer or provide gifts, favors, nor any other gratuities of more than nominal value to any official, employee or agent of the Commission during the period of this contract or for a period of one year thereafter. K. The Consultant and the Commission agree not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, disability, sex, marital status, status with regard to public assistance, age, political affiliation, sexual orientation, 4 1Y. O. -S- or membership or activity in a local civil rights commission, and to take action to assure that applicants and .employees are treated equally with respect to all forms of employment, selection for training, rates of pay, and other forms of compensation. L The Consultant agrees that it, and any subcontractors under this Agreement, shall not discriminate against any qualified person with a disahility who is an employee or applicant for employment and shall take affirmative action to ensure that such qualified individuals are treated without regard to their disability in regard to job application procedures; the hiring, advancement or discharge of employees; compensation; job training; and other terms, conditions and privileges of employment pursuant to the Americans with Disabilities Act of 1990. M. The Consultant and the Commission agree to abide by the reqUirements of all applicable laws and regulations including the following: 1. Disadvantaged Business Enterprises and Women Business Enterprises as defined in the Code of Federal Regulations (CPR) 49 CPR, Part 23 that reqUires that maximum opportunity for minority, (disadvantaged), business enterprises to compete for and perform contracts financed in whole or part with Federal funds. 2. Equal employment opportunity, as defined in Title VI of the Civil Rights Act of 1964 as amended accordingly 21 CRF through Appendix H and 23 CRF 710.405 (b). 3. Section 504 of the Rehabilitation Act of 1973/31 CPR, Part 51. This act states in part that," all recipients of federal funds, whether in the form of a grant or a contract, review , and if necessary modify, their programs and activities so that discrimination based on handicap is eliminated. 5 ""TIL. D. -b N. The Consultant agrees to indemnify and hold harmless the Commission and the Cities who are members of the Commission, their officials, employees and agents, from :my and &ill claims, causes of action, lawsuits, damages, losses,_ or expenses, including attorney fees, arising from the performance of this agreement by the Consultant or the Consultant's agents and employees, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or damage to or loss of property by or resulting in any manner from any acts or omissions of the Consultants, its subcontractors, agents or employees under this agreement. O. It is agreed that nothing herein contained is intended or should be construf".d in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Consultant's staff as the agents, representatives or employees of the Commission for any purpose in any manner whatsoever. The consultant and its staff are to be and thall remain &Il independent contractor with respect to all services performed under this Agreement The Consultant Iepresents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement The Consultant also agrees that it has, or will secure at its own expense, all space, data processing, clerical and office support service necessary to perform s~rvices under this Agreement except as the Cities that are members of the Commission agree to provide space for occasional meetings or for limited work directly with the cities, employers, building managers or stakeholder groups in the corridor. Any and all personnel of the Consultant, volunteers or other persons, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall have no contractual relationship with the Commission and shall not be considered employees of the Commission or its member Cities, and any and all claims that mayor might arise under the Workers' Compensation Act of the State of 6 -W D. -7 Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on bebalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Consultant, its officers, agents, contractors or employees shall in no way be the responsibility of the Commission or its member cities, and the Consultant shall defend, indemnify and hold the Commission, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not be entitled to any compensation, rights or benefits of any kind whatsoever frOCl the Commission or the member Cities, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA P. The Consultant agrees to obtain general comprehensive liability insurance in the amount of $1,000,000, and automobile liability insurance in the amount of $100,0001$300,000, and provide certificates of said insurance to the Chair of the Commission. The Consultant agrees to maintain Workers' Compensation Insurance as provided in Minnesota Statutes, Section 176.181, subd. 2 (1993). The Consultant agrees to notify the Commission within five (5) working days of a change in the insurance provisions or termination of said insurance. m. Duties of the Commission A The Commission shall pay the Consultant an amount not to exceed One Hundred Sixty Four Thousand and No/l00 Dollars ($164,000). This fee includes the cost of all consultants, sub-consultants, materials, field supplies, photocopying, office space and eq~pment, supplies and secretarial service required to perform the work identified for the Consultant in the Agreement. An additional Nineteen Thousand Dollars and No/l00 Dollars ($19,000) may be spent by the 7 Dr. (). -g . Consultant A purchase from Commission approved subcontractors marketing materials needed to inform, educate and encourage employers and employees to participate in the roM Program, the development, production and analysis of survey forms utilized to collect and record information from employers, building managers and employees for market roM service assessment at the beginning of the program and for evaluation at the end of the program. This not-to-exceed amount includes all services performed under this Agreement. B. Payment shall be made by the Coriunission within fifteen (lS) days of receipt, verification and acceptance of a written itemized monthly invoice and two copies of the monthly progress report prepared by the Consultant. C. Compensation shall be based upon the rates and budget listed in Exhibit B. D. No member, officer, employee or agent of the Commission or of any member local public body during their tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. IV. Miscellaneous A The books, records, correspondence, data, files, documents, and accounting procedures of the Consultant, relevant to this Agreement, are subject to examination by the Commission, the Metropolitan Council, the Minnesota Department of Transportation, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, section 16B.06, Subdivision 4. The Consultant further agrees to allow the Commission or designated regional, state, or federal personnel to enter the Consultant's premises and to inspect, copy, and audit the above records, data and files. B. The Consultant shall retain all records pertinent to this Agreement for a minimum of three years after agreement completion or until audited by the Commission or the Metropolitan 8 ""N: D. -9 Council, except that if any litigation, claim or adverse finding exists, the records shall be retained lL'ltil final disposition thereof has been resolved. C. This Agreement represents the entire Agreement between the Consultant and the Commission and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties descnbing the service to be provided by the Consultant, maximum cost per hour, incidental permitted expenses, and the cost for the service. D. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment to this Agreement and signed by both parties. E. This Agreement shall not be assignable except at the written consent of the Commission. F. The Consultant agrees that the Commission will own and have right to use, reproduce and apply as it desires any data, reports, analyses, materials, finished and unfinished documents which are collected or developed by the Consultant or anyone acting on behalf of the Consultant as a result of this Agreement. The Consultant further agrees that all reports, data , information and other work products prepared and developed under this agreement shall be made available to the Commission and shall nol be published without the prior written approval of the Commission. In addition, all final tangible work products shall be labelled with a designation stating that they have been produced with the assistance of a Cooperative Agreement between the Metropolitan Council and the U.S. Department of Transportation, Federal Transit Administration, under the Federal Transit Act of 1991, as amended. The Commission agrees not to alter such work products 9 -nt. D. -'0 and if the Commission uses the work products for a purpose not intended in this Agreement, the Commission will defend, hold harmless and indemnify the Consultant for any claims or damages that result therefrom. G. This Agreement shall be governed by the laws of the State of Minnesota. H. The Consultant agrees to comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Section 13. I. The provisions of this Agreement shall supersede any conflicts between this Agreement and ExhIbits A & B. V. Termination A This Contract, including any amendments thereto, may be termfuated by the Commission and the Consultant at any time and for any reason by submitting written notice of termination to the other party at least thirty (30) days prior to the specified effective date of termination. In addition, the Commission shall have the right to terminate this agreement on ten (10) days' communicated written notice if the Consultant's performance is not timely or is substantially unsatisfactory or if the Consultant has violated any of the covenants, agreements or stipulations of this agreement, all finished or unfinished documents and work papers prepared by or for the Consultant pursuant to this agreement shall, at the option of the Commission, become the property of the Commission, and the Consultant will be paid for services satisfactorily . performed up to the date of termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the Commission for damages sustained by the Commission by virtue of any breach of the agreement by the Consultant The Commission may withhold any payment to the Consultant for the purposes set forth until such time as the exact amount of damages due the Commission from the Consultant is determined. 10 -W:~.-\\ IN WIlNESS WHEREOF, the parties hereto have set forth their hands on the day and year first written aoc've. 1-494 CORRIDOR COMMISSION URINC. By. ______________ __ By. _________ __ Its Chair Its President 1-494 CORRIDOR COMMISSION By. ____ . __________ __ It.s Secretary/freasurer CJS. att. Exhibits A and B 11 EXHIBIT A 1-494 Corridor Commission Scope of Work Travel Demand Management (TDM) Management Plan February 8, 1995 1 TIC o. -\3 Management Plan Introduction The 1-494 Corridor Commission is a joint powers organization formed in 1988. It originally consisted of the five cities of Bloomington, Edina, Eden Prairie, Minnetonka, and Richfield. The cities of Plymouth and Maple Grove joined the Commission in 1994 following passage of some enabling legislation. These cities joined together to coordinate their planning, funding and the implementation of transportation and land use strategies to address the growing concern with traffic congestion in the 1-494 corridor. By the year 2003, traffic levels on 1-494 are expected to increase by 45percenL Many sections of I-494 are already overburdened. Further traffic increases will lengthen periods of delay and possibly gridlock employees for zr.any hou.."'S each wee!: as they come to and from work in the corrido~ . The Minnesota Department of Transportation, after reviewing existing congestion and forecasted traffic, agreed to undertake an EIS to plan physical improvements for the future of the freeway that circles the Twin Cities region on the west and south. With the financial contnbutions of the cities and of a private sector organization, Improve 494, MnDOT agreed to accelerate the completion of the EIS. This may be completed by the spring of 1995. The actual timing of this reconstruction, however, is uncertain because the large amount funds required to do this have not been committed by MnDOT. It is possible that major portions of this freeway will be incrementally rebuilL This was not contemplated when the Corridor CoDlllllssion was initially organized.. Then it was thinking of promoting IDM and requiring employer participation in a IDM program at the same time the major 1-494 reconstruction was occurring. The work of the 1-494 Corridor Commission was preceded by efforts of a private organization, Improve 494 to interest major developers and large employers in developing and executing a IDM program and in participating in the discussion about the rebuilding of 1-494. The initial effort of the Commission focused on development of a comprehensive IDM strategy for increasing the portion of employees who ride to work rather than drive alone. In the process they drafted a roM model ordinance and conducted meetings with the private sector to involve them in corridor wide transportation solutions. 2 1[",jJ.-14 1995-96 Work Plan The work plan for 1995-96 systematically organizes and fQt;USe5 the activities of the consultant to the 1-494 Corridor Commission. It sets out overall performance goals for the area and objectives for each categol)' of work activity. The work plan is divided in to two phases that consist of the following elements: Phase 1 Phase 2 Preparation and adoption of the mission statement, and strategic plan for the Commission, adoption of the public policy framework for the roM program, and the collection of information about employers, constituencies, roM product and service components and delivel)' systems, and the preparation of a communications and marketing plan. Implementation of the employer and community communications, marketing and service delivery plan. The work of Phase 1 should be completed by August 18 to enable the work of Phase 2 to be underway in September. . Phase 1 -TDM implementation Plan The work in Phase 1 is directed to developing a mission statement and strategic plan and a public policy framework for the TDM program. It will also include the development of plans for employer marketing and communications and roM service and product definition and delivel)' systems. The roM Implementation Plan will identify and address the following plan elements: 1. eoDtract MuagemeDt The consultant together with the officers of the Commission should determine what Corridor Commission meeting information needs to be recorded, meeting agendas, notification of members, billing arrangements and other management procedures that are needed to facilitate the activity of the Commission and who will perform these activities. The consultant will primarily facilitate communication and completion of these tasks. The Consultant will prepare a monthly report to the Corridor Commission that provides information on work task progress and the status of work underway on each contract elements. This report should be prepared in a manner to also satisfy the program information requirements to accompany billings for reimbursement 3 :IT: D. -\S The product of this task will be a written contract management agreement detailing the roles an r~ponsibilities of the consultant and the commission and the format for monthly reports. Completion: Draft: March 31. Fmal agreement accepte 2. Mission statement and strategic plaD The consultant will work with the 1-494 Corridor CoIIllIlU statement for the organization and a strategic plan for ae The strategic plan should contain the proposed public po ~me realistic goals and objectives for the roM program achievement of these goals and objectives. Completion: Drafts: April 28, and May 31. Final-June 3. PubHc Polley Framework and City Action Plus The consultant will identify possible actions that could be taken by cities individually or jointly to encourage the incorporation of roM efforts and measures in new commercial and industrial development. In addition, the consultant will review the work already completed, including a draft roM ordinance including discussion about its timing and coverage, to develop techniques to obtain the support of identified employers and building managers (see Element 5) whose employees/tenants are important to achieving roM program objectives. The consultant will work with the Commission to develop a public policy framework and set of public strategies and an action plan to assist in achieving roM program objectives. This work will include the development, with legal and other assistance of the cities, of any model ordinances or other actions of the cities required to achieve framework objectives and action plans. The consultant will be responsible for drafts related to possible content and timing of provisions of model resolutions or ordinances and making presentations requested by the staff of each of the cities. However, the drafting of model resolutions or ordinances, arranging for presentation to city councils and making presentation to them is a responsibility of the Commission and individual city staff and members. Completion: II/e, I/~ A-~~'- Draft -May 31, 1995. Fmal report J1 • I O~,JkfV~ I , 4 WD.-Ib 4. roM products ud services Identify and dcsco1>e the kinds of roM services and products available from various public and private providers, those that would be desirable in the corridor and possible delivery organizations. Possible services and products include: • Market assessment tools including employer and employee surveyti, survey analysis to identify prospective customers of services, steps to advance a roM proposal and to obtain a commitment of employerslbuilding managers such as a roM Implementation Action plan, and tools to determine the effectiveness of delivered services and their impact on commuting behavior. • Minnesota Rideshare matching and assistance for carpools and vanpools and services provided by others including the Downtown Minneapolis TMO, Minnesota Valley Transit and individual employers and groups of employers. Services may include local sub-area and on-line data base car pooUvanpool matching services for individual employers or for groups of employers and buildings that are easily connected along the corridor. • Van pool formation, equipment and operating assistance provided by VanPool Services, Inc. (vpSI) and MN Rideshare. • Regular route transit services. Work includes an analysis of the regular route services provided by MCI'O, Southwest Metro, Plymouth, Maple Grove and Minnesota Valley Transit. The level of service, its frequency and convenience to work sites along the corridor will be identified, along with a discussion of future service additions and changes including high speed express bus service, team transit improvements, and increased service from south of the Minnesota river to jobs along 1-494. • Reverse Commute services available from various public, private and non-profit organizations to connect people from the central city looking for jobs in the corridor. • Guaranteed Ride Home (GRH) services provided by Minnesota Rideshare's employer program and others including privately-sponsored employer based programs and one that might be developed for the corridor similar to the GRH on 1-394. The product of this activity is a written plan identifying roM services and products that are desirable to offer, use andlor demonstrate in the corridor, their estimated costs, methods of delivery, an outline of the employer and employee survey forms that will be used and written agreements with various organizations responsible for various services and tools to be used in Phase 2 Completion: Draft -May 12, 1995. Final report ~ June 16, 1995 5 TIr. D, -\7 S.lDventory of Proposed 1-494 Infrastructure Improvements Identify and determine the status of plans for improvements to 1-494 and major arterials in the corridor, with expected dates of initiation and proposed timing. If possible, identify potential impediments including the availability of funding to achieve current expectations. Develop and recommend an approach and strategy that would facilitate the timing and type of improvements that would enhance the roM ~arketing effort to employers and employees. Some of these include: • HOV ramp bypasses, existing and possible park and ride lots at major intersections, Team Transit improvements and HOV lane development. • Improvements scheduled for implementation by MnDOT, corridor cities, and Hennepin, Carver, Scott and Dakota counties. • Identification of infrastructure improvements that are desirable to develop and/or demonstrate that would enhance the roM effort to employers and employees. The product of this work element is a written report on proposed and desired improvements and their timing. Completion: Draft of scheduled improvements-April 28. . Fmal of tI.esired improvements and final report -June 16 6. F~player and employment site plans One of the major steps in roM planning and the preparation for marketing to employers is identifying prospective customers, obtaining useful information about them and selecting candidates for the initial marketing efforts in Phase 2. This work element should include the following activities: • Identification by the consultant of employers of 100 or more employees and building managers of 50,000 sq. ft. of building space in the corridor and construction of a data base with information about these employers and building managers needed to select the prime prospects and for use in phase 2 program marketing and communications efforts. Information in the data base should include at least the addresses of prospects, names and phone numbers of officers and key persons who may be major players in a roM program; the type of activity at the employment site, space for parking and utilization of parking spaces, general hours of employment, number of employees, and existing incentives offered by employers. 6 • Identification of employer organizations and various private and public sector organizations that are stakeholders in the TOM effort along 1-494 that could be important to support for and communications about the TOM program. • Review Minnesota Rideshare employer efforts within the corridor over the previous year, results of these efforts, status of TOM marketing and service delivery provided by the MnRideshare program, and review of individual employer TOM Implementation Action Plans. Copies of these plans will be supplied by MnRideshare to the 1-494 Corridor Commission. • Develop a way of identifying employers who are newly locating or re-Iocating in the corridor, where they are moving from, their new location and the number of employees who are moving. • From the efforts above and information available to the cities, the consultant together with the Corridor Commission will identify prime employer and building manager prospects for the Phase 2 marketing effort. The product of thls work element is a data base of the above information and a list of prime prospects for the Phase 2 effort. Completion: Draft of data base -May 31. Fmal data base and prime prospect list -June 30. 7. TDM CommunicatioDs &Dd Marketing Plan A comprehensive plan is needed to addresses the marketing and communication needs of the IDM program, the approach to be taken in obtaining employerlbuilding manager commitment, the services that will be provided, ways of informing and communicating with employees, with Commission members and stakeholders. This plan includes the following elements: • Development of a communications plan that includes an outline of any materials such as newsletters that may be sent on a regular basis to targeted employers and others interested in the activity of the Commission. • Development of an internal communications process for informing member city councils and the Corridor Commission of the ongoing work of the Commission, support that will be required, and work plan progress. • Development of a marketing plan for the corridor to include an outline of materials that will be used in approaching employer prospects, making employer presentations, and follow-up presentations to other staff members in the employer organization. A schedule for the timing of contacts related to the employerlbuilding manager list produced in 4 above will be provided. 7 '. The product of this work element is a marketing and communication plan and outline of the products required. Completion: Draft of communications plan -April 30. Fmal May 31. Draft of marketing plan -June 30. Fmal plan -July 31. 8. Evaluation Process A evaluation of what change occurs because of the 'IDM program efforts at employment sites and their impact along the entire corridor is important Employers and building managers requested to participate in this TDM program are interested in knowing what difference these efforts are making. Commission members, regional and state transportation organizations and those who provide financial support for this effort are also interested in this information. An evaluation process will be developed to collect and analyze information gathered from the following: • Employer surveys including a description of employer policies and attitudinal information affecting the 'IDM program. • Employee surveys obtained at the beginning of the program and after the marketing and delivery of 'IDM services. I • Employee usage of site specific preferential parking facilities and overall use of parking. • Employee usage of site specific 'IDM employer programs, incentives and services. • Changes in HOV infrastructure usage including the HOV by-pass ramps and HOV lanes. • Others as determined The product of this work element is an evaluation plan including the process and measures that will be used to determine program impact Completion: Draft plan June 30. Fmal plan for all evaluation measures affecting employer and employee marketing in Phase 2 July 31. Final Evaluation Plan -date mutually agreed upon within 1995. 8 TIr D. -2.0 Timellne The work outline in Phase 1 (if this Management Plan is to begin on March 1, 1995 and be completed by August 18, 1995. Any changes to the work plan products or services or extensions of the contract must be agreed upon by both the consultant and the Commission. The proposed schedule of deliverables is as follows: March 1 March 31 April 14 April 28 MayU May 31 JUDe 16 June 30 July 14 July 31 August 18 September 1 Initiation of Contract work Draft Contract Management agreement and format for monthly report Fmal agreement on contract management roles and format for monthly report Draft Mission statement Draft Infrastructure inventory Draft Communications Plf.n Draft roM Products/Services Draft Mission and Strategic Plan Draft Policy Framework Draft Employer data base Final Communications Plan FmalIDM ProductslServices to be delivered Final Desired and planned Infrastructure Improvements Fmal Mission Statement and Strategic Plan Fmal Policy Framework and City Action Plan Final Employer Data base and prime prospects Draft Marketing Plan Draft Evaluation Plan Final Marketing Plan Fmal Evaluation Plan of all elements affecting employer and employee marketing in Phase 2 Fmal Reports and preliminary plans for Phase 2 Draft of marketing and communications materials to be used in Phase IT implementation 9 -:or. D. -2.1 Phase 2 Implementation The work L.'l phase 2 consists seven tasks that are largely directed to carrying out the plans and decisions made in Phase 1. These tasks include: 1. Developm~nt and production of materials needed to conduct employer surveying and marketing and employee surveying and marketing, and corridor communications. 2. Marketing to and obtaining the support and cooperation of targeted employers and building managers, delivery of IDM services, and developing Implementation Action Plans. This include making appointment and presentation to the top employer officers and building managers of selected sites and undertaking the steps included in the Marketing Plan. 3. Communicating with the stakeholders, cities and public agencies interested in the IDM program by implementation of the Communications plan. 4. Familiarize the state, region, county and cities with the desired timing of infrastructure improvements and, with Corridor Commission leadership, work to obtain agreement to this schedule. 5. Assist the cities with work necessary to adopt the public policy framework and city action plans not already implemented in the first phase. 6. Update the employer data base and incorporate additional information about employers moving employees into the corridor. continue to select additional employers and site to target ou for the TOM program. 7. Organize and analyze the initial evaluation data collected from employer and employee surveys to determine initial results. Specific tasks and a timetable for their completion needs to be developed at the outset of this phase in August. Initial implementation efforts should occur over the period of September 1995 to May 31, 1996. 10 11l. O. -22. Exhibit B. 1-494 Corridor Commission Contract Compensation Agreement 1. COMPENSATION A The Consultant shall be paid a fixed monthly fee of SS,633.33 per month from March 1, 1995 to Febru8I)' 28, 1996. This fee shall constitute full and complete payment for all of Ute e.xpen:oes of the consultant related to this contract including salary for the entire regular work week of the roM Administrator and at least one-quaner of the regular work week of the Project Director, the fringe benefits including all "employee required insurances and overhead expenses including office space, office furnishings ebb, chairs, file cabinet(s) and printer stand, computers and assorted necessary software, laser printer, fax machine, phone and modem, an answering machine or voice mail, postage for communications with the Commission, its cities, the Metropolitan Council and MN Department of Transportation related to this contract. and a profit of twelve percent (12%) on all labor and fringe benefit costs. B. The Consultant shall be paid a monthly fee based on the hours worked and the hourly rate of pay to the roM Administrator and the Project Director, their fringe benefits, a profit of twelve percent (12%) calculated on this labor and fringe benefit cost, and all other direct expenses noted in A not to exceed S5,633.33 from March 1, 1996 to June 30, 1996. C. The Consultant shall be paid a monthly fee based on hours worked and the hourly rate of pay to the roM Administrator and the Project Director, their fringe benefits, a profit and expenses agree upon between the Commission and the Consultant from July 1, 1996 to lune 30, 1997 following a substantive review of contract perform'and agreement to a management work plan for the next year. It is estimated this will not exceed S5,62O per month. D. The consultant shall submit monthly invoices and logs of all other expenses related to the contract including the following: 1) Mileage for transportation from the Sl Paul office to locations along 1-494 or to other places in the Twin Cites where attendance at contract related activity is required. Mileage reimbursement shall be calculated at the rate of thirty cents (S.30) per mile. 2) Cost of a monthly phone charge for a dedicated line for 1-494 into the office of the Consultanl ': 3) Marketing expenses related to the preparation and production of brochures, slide presentations, a regular newsletter and/or other materials prepared to the communicate and market IDM programs and their services to employers, building managers, and employees, the preparation, production and analysis of surveys by a N.().-2.3 2PAYMENT third party used to determine employees trip behavior and possible use of an alternative and the results of the lDM program. Estimates of the costs of preparing and producing these materials must be submitted ,the Commission for their review before a contract is executed if the total cost of a third party contract or purchase exceeds $2,000. All third party purchases and contacts must be noted in the monthly report in which the contract or purchase is made and further noted when payment is made for these services or products. It is estimated that the total cost of marketing and surveying expenses from March 1, 1995 to June 30, 1996 will not exceed $9,000 and that the cost from July 1, 1996 to June 30, 1997 may total $10,000. 4) Other expenses. . AThe CONSULTANT shall submit requests for payments to: Mike Opatz City of Maple Grove . Sec./freas.-1-494 Corridor Commission 9401 Fernbrook Ln. Maple Grove, MN 55369 B. Each request for payment shall reference this contract and the specific services identified in fee and reimbursement schedules and provisions and include a monthly status report. C. Terms of payment shall be fifteen (15) days upon receipt and acceptance of request for payment. l}[.D.-ZY DATE: ;2-)/, Is/ EDEN PRAIRIE CITY COUNCn. AGENDA SECTION: Consent Calendar ITEM NO: It, £. DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Hawthorne of Eden Prairie 4th Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Hawthorne of Eden Prairie 4th Addition subject to the following conditions: • Completion of underlying drainage and utility easements • Receipt of engineering fee in the amount of $250.00 Overview: City Council approved the preliminary plat June 1, 1993. The Developer's Agreement and Second Reading of the Zoning Ordinance was completed July 20, 1993. This proposal consists of minor reconfiguring of three existing lots within the Hawthorne of Eden Prairie 3rd Addition plat. The reason for reconfiguring the lot line is to provide for a deeper buildable envelope within Lot 1. This proposal falls within the guidelines of Section 12.60 of the City Code, allowing for minor subdivisions in the case of a small size and minor importance. JJ:ssa cc: Dan Blake, Centex Real Estate Corporation Dwight Jelle, Westwood Professional Services, Inc. Item No. / V. £. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF HAWTHORNE OF EDEN PRAIRIE 4TH ADDmON WHEREAS, the plat of Hawthorne of Eden Prairie 4th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDE~ PRAIRIE CITY COUNCIL: A. Plat approval request for Hawthorne of Eden Prairie 4th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 15, 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 February 21, 1995. Jean Harris, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. j j/. [. J-, ---~--... ---- XJ ------XJ --T--- I .......... I ~ ~I ~ I I I I I I I I --=------I _ ':---r, I" I. ,..,... I I ~ I . -I , I I r-) / .. ~ L) I , I I I I /'~ I I I / I .> i \ ,.--- ~ ~ 1.../ ----- 11 1-' Ie I I I n L/ p, " I I --- -\- \ \ -;-\ I \ \ \ DATE: 02121195 EDEN PRAIRIE CITY COUNCn, AGENDA ITEM NO: I;. F SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of St. Mellion Place Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of St. Mellion Place subject to the following conditions: • Completion of Vacation of underlying drainage and utility easement • Receipt of executed conservation easements • Receipt of easement documents for shared driveway access • Receipt of engineering fee in the amount of $250 Overview: This proposal consists of realigning an existing lot line within Lots 1 and 2, Block 2 of Bearpath 3rd Addition. This realignment is to provide for an improved house placement within the lot. As stated in the Developer's Agreement, Bearpath is to provide the City with conservation easements within lots developed along Purgatory Creek. The City has not received these easements yet, therefore; approval of this plat should be conditioned upon receipt of said conservation easements. II:ssa cc: John Vogelbacher, Bearpath Corporation Joel Cooper, James R. Hill, Inc. Item No. III, F. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF ST. MELLION PLACE WHEREAS, the plat of St. Mellion Place has been submitted in a manner required for pJatting 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 st. Mellion Place is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 16, 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 February 21, 1995. Jean Harris, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. / /I, f . }J ! lit ........... ~ ..... ,..,..".to tet ft. MncI Utia ------,.- ................. ..,..."..ttliI __ ._ .... f _"_~_H. __ :r .. w. 01 .... ono Liao a. 01 .... 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MELLION PLACE 11/· f.3 - / -1 - DATE: 02121/95 EDEN PRAIRIE CITY COUNCn. AGENDA Consent Calendar ITEM NO:/,. g SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering DiV~ Agreements Regarding Utility Additional Connection Charges Eugene A. Dietz . Franlo Road Project v Recommended Action: Approve the connection charge agreements for the four homesteaded properties along Franlo Road and authorize the Mayor and City Manager to execute the documents. Overview: During the fall assessment hearing, last year, the homesteaded property owners along Franlo Road requested relief from the proposed special assessments being considered. Mayor Tenpas and City staff met with the property owners and developed an alternative method of co1lecting the cost of the improvements along Franlo Road. At the December 20, 1994 meeting, the City Council did approve the concept of a connection fee agreement for these properties. The attached agreement is the result of developing an agreement based on that concept. Although only one agreement is included in the agenda packet, the terms of the agreement for .all four properties --Blesener, Karsko, Pufahl and Nygaard --are identical, only the specific dollar amount attributable to each property differs. After Council approval, staff will obtain the necessary signatures and file the documents at Hennepin County. At a subsequent meeting, the fee resolution will be amended to reflect the specific connection fee charges for each of the four parcels. Other Information: The other three documents are available for review in the office of the Director of Public Works. Item No. / /I. ~: I AGREEMENT REGARDING UTILITY ADDmONAL CONNECTION CHARGES THIS IS AN AGREEMENT MADE THIS DAY OF , 1995, between the City of Eden Prairie, a municipal corporation, (the "City"), and Charles E. and Carol I. Blesener, husband and wife, (the "Owners"). A. The Owners hold legal and equitable title to unplatted property, with an address of 8561 Franlo Road and a property identification number of 14-116-22-43-0002, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property" and more particularly described in Exhibit A, attached hereto. B. The City has caused to be constructed certain improvements adjacent to the Property including concrete curb and gutter, storm sewer, sanitary sewer, and watermain (all of which is hereafter referred to as the "Improvements"). C. The Improvements have been constructed in anticipation that the Property will be converted to a use other than single family residential homesteaded property. D. The Owners and the City recognize that the Property is in transition and the parties desire to enter into an agreement concerning the financing of the Improvements so as to allow the Owners to remain living on the property until the Property undergoes a change in land use. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owners acknowledge that certain special assessments were levied in the years 1977 through 1990 in the total amount of $11,385.95. 2. The Owners further acknowledge that certain assessments have been levied against the Property and deferred (with a maximum amount of interest not to exceed 50% of the principal) in the amount of $1,103.15. 3. The Owners concur that additional benefit to the Property exists by virtue of the Improvements that were constructed in Franlo Road in the amount of $10,693.43. 4. The City recognizes that the Property is in transition and agrees to collect the amount of the benefit shown in Paragraph 3 as an additional connection charge. The City will amend its fee resolution to reflect that amount for collection at time of land use change and/or connection to the utility system. This amount will be collected regardless of the specific connection point utilized for land use change. For purposes of this agreement, any use other than single family residential homestead shall be considered change in use. 5. The City's assessment records for the Property will show the additional connection charge amount listed in Paragraph 3 as a comment: "per agreement approved by City Council on February 21, 1995, the amount of $10,693.43 will be collected as an additional connection charge at time of land use change and/or connection to the utility system". 6. The Owners waive notice of any hearing regarding the imposition of connection fee, additional connection charge or assessment (as referred to in Paragraphs 1, 2 and 3 above) pursuant to Section 3.07 of the City Code as it may be amended from time to time. 7. The Owners concur that the benefit to the Property by virtue of the Improvements that have been constructed exceeds the amount of the assessments, connection fees or additional connection charges (as referred to in Paragraphs 1, 2 and 3 above) to be imposed against the Property. The Owners waive all rights they have by virtue of Minnesota Statute 429.081, 444.075 or City Code Section 3.07 or otherwise to challenge the amount or validity of the assessments, connection fees or additional connection charges (as referred to in Paragraphs 1, 2 and 3 above), or the procedures used by the City in apportioning the benefits and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition of the assessments, connection fees or additional connection charges. 8. Nothing herein shall constitute a waiver by the Owners of their right to object, contest or appeal the imposition of any connection fee, additinal connection charge or assessment imposed by the City for matters other than the Improvements referred to herein. 9. The terms of this agreement shall run with the land and bind the parties hereto and their successors in interest. CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation BY: BY: BY: BY: --------------------------------lean L. Harris Its Mayor --------------------------------Carl ]. I ullie Its City Manager --------------------------------Charles E. Blesener --------------------------------Carol I. Blesener STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this __ day of , 1995, by lean L. Harris, the Mayor and Carl I. lullie, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this __ day of _____ _ 1995, by Charles E. and Carol I. Blesener, husband and wife. Notary Public DATE: 02121195 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: JI,./I SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Engineering Division VAC 94-15 -Vacation of right-of-way for part of West 70th Street David Olson Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating right-of-way for part of West 70th Street. Overview: To accommodate expansion of its parking area and eliminate the need for setback variaaces, Best Buy has requested this vacation. In view of the poor soil conditions within the right-of-way, extension of West 70th Street is not financially feasible. Supporting Information: Vacation Drawings Item No. /I . .t1, / VAC 94-15 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY FOR PART OF WEST 70TH STREET IN THE PLAT OF LEE DATA WHEREAS, the City of Eden Prairie has certain right-of-way described as follows: That part of West 70th Street as dedicated on the recorded plat of Lee Data ftled in the Office of the Registrar of Titles, Hennepin County, Minnesota, which lies easterly of the easterly right-of-way line of U.S. Highway No. 212 and Flying Cloud Drive. WHEREAS, a public hearing was held on February 21, 1995 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on February 21, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. J/, AI L "-~ ~ ~ N LEE DATA N>M ''''' '" ,,,. NWi'l1f IIItNIf'~tJf.fH t; ______ ------_ EKCEPTlON--_____ , --/llttttlt ".,~ "'lit NI' "'I~ ,t,.., ""!for I;. r""" III,. K',. II " ( ioii:', ' -'/1 -0'11"'" I," "",it, """,ml __ . /" D L 0 f '§ ,t ~ ~ " .{ ;: ~ y 1 RZ(f;UT-o/" -WAY 6!iif YAGA ,60 I .s Nl,,",""'" N1I"~ rf 5,,/1 6/,,,,, rD Hton' ~!Il~':!"\ ~-_u~ro, J ) "', I ...... ,.,1.. ; ,,', I"! Ii I ,~ ' .. I .; : : ~Vl':U.::jiNt~i. ~: ;t.~ , ; il l!:! ~I\. ~ ", I !'I' " h.. I : ") , I --.:;:;S ,'II ~ i.1 1',1"'1 .S .. 1-., I "-J I 1:: I : ~ I r I / 1\ ' <J Iii L\ j \. :. --M§tV I \ t ' \J" 1 1 // \\ I I /;/' ~ ~ I~/' r '/ ... , .. , .,. /J " -" I' ,. -.y~ ~, ,/ / ( , .. " / / I ' , 7A< •• to r~~~'~~:j--~=~----~~~~~~~~~~~~~_1~~':'~~~ ____ 1 nl~l"~~ -~~~:::''t':n., \ --'/J53.05 IDUl , _/ ",17. '~ "a.o __ . ___ ", ft' ,! I ---.,._ ... "' .,fIt ...... VAG.~4-Jb -:.-.~ .. 5 -~ . . ,~ :~ .. '.~) . .. t-= en . :r ~ . ~ !l. OAK ... tor'~ .. N 'l-en --- ,..: CI) ~ ., .. .... ~I; = . !.:1 . ... . ' --- <:;. r--.. -r d - EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-21-95 SECTION: PUBLIC HEARINGS ITEM NO. V. e,. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BIRDIE'S SPORTS PARK Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1 st Reading of an Ordinance for Zoning District Change from Rural to Commercial Regional Service on 2.2 acres; • Resolution for Guide Plan Change from High Density Residential to Regional Commercial on 2.2 acres. BACKGROUND: The Planning Commission voted unanimously to approve the miniature golf course and batting cage at their January 23, 1995 meeting. SupportingRepo~: 1. Staff Report dated 1-20-95 2. Planning Commission Minutes dated 1-23-95 3. Correspondence V, B. -\ BIRDIE'S SPORTS PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Birdie's Sports Park by Parvest, Inc. for construction of a miniature golf course of approximately 23,000 square feet, and a batting cage of 10,000 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: 2.2 acres from High Density Residential to Regional Commercial all located at Lot 1, Block 1, Fountain Place Apartments. ADOPTED by the City Council of the City of Eden Prairie this 21st day of February, 1995. Jean L. Harris, Mayor AITEST: John D. Frane, City Clerk v. B.-2- STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT! FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, Senior Planner January 20, 1995 Birdie's Sports Park Parvest Inc. Lot 1, Block 1, Fountain Place Apartments 1. Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2.2 acres. 2. Zoning District Change from Rural to Commercial Regional Service on 2.2 acres. 3. Site Plan Review on 2.2 acres. 1 V.B.-3 . . \ \ \ \ \ \ I I , I I , , , , , I , . I I I , I AOorrtOH ~ , 511\0100 l: .:SPOR] u ~ Q fAf\K CENTE: u FOi.m~!'C At.: ..... Staff Report Birdie's Sports Park January 20, 1995 BACKGROUND This site is currently guided High Density Residential and is part of the property owned by Fountain Place Apartments. This property was not included in the calculation of density for Fountain Place Apartments. It is currently zoned Rural. COMPREHENSIVE GUIDE PLAN CHANGE The change in the Comprehensive Guide Plan from High Density Residential to Regional Commercial will not appreciably affect the Comprehensive Guide Plan balance. A net loss of two acres of High Density Residential (34 housing units) and a net gain of two acres of Commercial, will not change the character of the community which is primarily residential and open space, with some Commercial, Office and Industrial uses. The decision to change the Comprehensive Guide Plan is more of a site specific question of the impacts on the surrounding land uses, the ability of adjoining roads to handle traffic, and if the plan as proposed is consistent with the City'S standards for commercial development. When a site is changed to a different type of land use, all types of permitted uses should be considered. The commission should consider if other types of commercial, such as a gas station, fast food restaurants, banks, and general retail could also be alternative acceptable uses for the property. The miniature golf course may not be the end use for the property. A reguiding to Regional Commercial would not be out of character with the surrounding area which is a mixture of higher intensity uses, including High Density Residential to the west, Office to the south, and Regional Commercial to the north. A miniature golf course is a Regional Commercial use. A miniature golf course has a service area greater than Neighborhood or Community Commercial. A Neighborhood Commercial guided area is for retail stores, offices and personal service establishments patronized by residents of the immediate neighborhood. An example would be the Anderson Lakes Center on Anderson Lakes Parkway. Community Commercial guided areas are up to 200,000 sq. ft. of retail and are generally anchored by large tenants such as a grocery store. An example would be Prairie View Shopping Center -Rainbow Foods. Community Commercial generally serves several neighborhoods. Eden Prairie has 3 Community Commercial Centers. A Regional Commercial guided area is for a major shopping center like the Eden Prairie Mall. In Eden Prairie, Regional Commercial guiding also extends beyond the confines of the mall to adjoining properties. Sites that are adjacent to, but not on the Eden Prairie Mall site are zoned Commercial Regional Service. Commercial Regional Service zoning is generally for uses that are related to Regional Commercial such as banks, restaurants, small strip malls and office buildings. It can also be for gas stations, motels, and recreational uses. ~ V. &. -S- Staff Report Birdie's Sports Park January 20, 1995 Since this property is near Regional Commercial guided areas, the appropriate guiding for the property would be Commercial Regional and the appropriate zoning district would be Commercial Regional Service. IMPACT ON SURROUNDING LAND USES The miniature golf course will impact existing uses, such as the Post Office and Apartments; and future land uses on adjacent undeveloped property. The impacts on the existing land uses are visual and noise. Miniature golf courses and batting cages require lighting so that the facility may be used for extended hours during the spring and summer months. Noise impacts can be the sound of balls being hit and music played. The average foot candle rating is approximately 3 foot candles for the miniature golf course, and 10 foot candles for the batting cage area. Parking lots are lighted between 2 - 4 foot candles. Eden Prairie Ford is a 20 foot candle average, while Suburban Chevrolet is 40 foot candles. A softball field is 30 foot candles. The light in the miniature golf course area would not be brighter than the Post Office parking lot. To minimize the impacts of lighting, the developer is required to use 20 foot high shoebox fixtures which directs lighting onto the property rather than off site. Lights will be restricted to 250 to 400 watts, which is not as bright as the 1000 watt fixtures typically found in auto dealerships. The batting cage, although lighted to ten foot candles, has a six foot high solid fence surrounding the perimeter facing the residential area. All along Columbine Road, additional and larger plant materials are provided to help downplay the impact of the lighted areas. The size of the batting cage is 10,000 square feet. The miniature golf course is 23,000 square feet. This represents 34 % of the 2.2 acre site that would be lighted. The sounds from the batting cage would not be different from a normal City park where softball or baseball games are scheduled. We know from experience that noise from the Ford Dealership loud speaker system carries into the Topview Acres neighborhood. The use of a loud speaker system is allowed by City code under the noise ordinance. If the noise is audible at a distance 50 feet from the property line, then the property is in violation of the noise ordinance. The quality of construction and the type of product built will have an impact on existing and future land uses. The typical family run "Putt Putt" golf courses, such as Chanhassen along Highway 5, and at the Target store in Bloomington on 494 would not meet Eden Prairie's development standards and would have a negative impact on future land uses. Staff believes the current proposal meets Eden Prairie's standards. WOULD OTHER TYPES OF COMMERCIALLY OPERATED. RECREATIONAL USES BE APPROPRIATE IN THIS LOCATION? While the lighting and noise impacts of a miniature golf course may be minimal and can be mitigated on this site, the Commission should consider that approval of this facility may establish Stafr Report Birdie's Sports Park January 20, 1995 a precedent for other types of recreational uses which may not be appropriate. Examples would be a go-cart track, small carnival, driving range, which have the potential for greater impact on the surrounding land uses. The Commission in their deliberation of the appropriateness of the land use change and the proposed miniature golf course should be specific about the conditions under which this type of facility should be allowed. These are listed in the next section. OUTDOOR SALES AND DISPLAY VARIANCE To allow a miniature golf course and batting cage area, a variance from the provision of the City code which limits the amount of outdoor sales, display and lease area is required. The variance process allows the City to prescribe specific conditions under which the project can be built. Reasons for considering the variance request are as follows: 1. The size of the site is small at 2.2 acres. 2. The outdoor recreation area is 34 % of the site. 3. The average foot candle rating for the miniature golf course is 3 and the batting cage is 10. Lighting standards are limited to 20 feet high and 250 to 400 watt fixtures. The lighted areas represent 34 % of the site. 4. Heavy use of landscaping adjacent to residential areas to minimize lighting and visual impacts. 5. Noise levels to meet City code. 6. The site is located along a State Highway. 7. The site is located near existing and future higher intensity uses. SITE PLAN The -site plan depicts the construction of a miniature golf course and batting cage area. The building, parking, and outdoor display areas meet the minimum setback requirements within the Commercial Regional Service Zoning District. The City code does not prescribe a minimum number of parking spaces for a miniature golf course. Staff has talked with other communities with miniature golf courses. These communities require between 20 to 30 spaces for a facility of this type. Total parking provided on this site is 46 spaces. This is consistent with current industry standards. Actual parking needed on this site might be less than what is shown because of the location of this property on a collector road system with sidewalks and trails which allows people to walk or bike to this site. There is a bike rack shown on the site plan. Staff feels that adequate parking is provided. ~ V. B.-7 Stafr Report Birdie's Sports Park January 20, 1995 TRAFFIC Two acres of high density residential would generate 34 a.m. and 34 p.m. peak hour trips. The miniature golf course is primarily an evening and weekend use when traffic on 169 and Columbine Road is lower. There would be no a. m. peak hour traffic and some peak hour traffic. Staff estimates peak hour traffic at 10 trips. If this site redeveloped as general retail, 45 p.m. peak hour trips would be generated. Fast food restaurants or gas stations could generate 100 peak hour trips. Columbine Road is a major collector street which has the capacity to absorb traffic if restaurants or gas stations develop in the future. ARCHITECTURE The building as proposed will be constructed out of face brick and glass consistent with Commercial Regional Service standards. LANDSCAPING The amount of landscaping required is based upon screening of the parking areas, the caliper inch requirement based on building square footage, and transition to the surrounding land uses. The landscaping, as proposed, meets these requirements. STORM WATER RUNOFF The Engineering Department is recommending that due to the size of the site and the small amount of runoff generated, that a cash contribution to the City'S storm water utility fund will be accepted in lieu of constructing a NURP pond on the property. STAFF RECOMMENDATIONS The staff presents the following alternative courses of action for Commission consideration: 1. If the Planning Commission believes there are compelling reasons for changing the Comprehensive Guide Plan, that the impacts on the adjoining, existing and future land uses are low and can be mitigated, then one option would be to recommend approval of the Comprehensive Guide Plan Change, Rezoning and Site Plan Review based on plans dated January 18, 1995 and subject to the Staff Report dated January 20, 1995 and subject to the following conditions: 1. Prior to building permit issuance, proponent shall: A. Pay the appropriate cash park fee. B. Pay the appropriate contribution to the storm water utility fund for NURP pond construction. stafr Report Birdie's Sports Park January 20, 1995 C. Submit a security to cover the cost of the landscaping improvements to the property. 2. Apply for and receive a variance from the Board of Appeals and Adjustments for Outdoor Sales and Display and lease area. II. If the Planning Commission believes that a Commercial use of the property is appropriate and that a rezoning of the property is acceptable for a miniature golf facility but believe that the impacts on the adjoining land uses are high and warrant further mitigation, then one option would be to recommend that the development plans be returned to the proponent for revisions. m. If the Planning Commission believes that High Density Residential is the highest and best use of the property and that any type of commercial use is not appropriate because of visual and traffic impacts, then one option would be to recommend denial. The Staff would recommend Alternative I. ~ V. l?J, -9 APPROVED MINUTES EDEN PRAIRIE PLANNING COMl\tIISSION January 23, 1995 A. BIRDIE'S SPORTS PARK by Parvest, Inc. Request for Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2.2 acres, Zoning District Change from Rural to Commercial Regional Service on 2.2 acres and Site Plan Review on 2.2 acres. Location: Lot 1, Block 1, Fountain Place Apartments. Franzen stated that this property is located near the post office and the Fountain Place Apartments. It has been guided for high density residential for 30 years. It is a remnant piece from Fountain Place. He noted that he has been working with Ty Ritter and Parvest Incorporated for 6 months. They 1 V.B.-IO have been looking for sites allover Eden Prairie. This is the fIrst piece of property that seemed to work out well for their plan. Franzen introduced Ty Ritter of Parvest Incorporated. Ty Ritter, representing Parvest Incorporated, reviewed his project with the Planning Commission using visual aids. He stated that the purpose of their development is to provide outdoor entertainment for families at an affordable price. Miniature golf and batting cages are a lot of fun for families, and for kids on baseball teams that need to practice. There are not going to be any video arcades for kids to hang around at because they want the family business. The club house is designed for people to come in and pay, and maybe to get a soda or popcorn, and that's it. In a community like Eden Prairie it's very important to them to have a very high image for their product, and their product is their miniature golf course. Miniature golf courses are much more common on the east coast, so they contacted a New Jersey fIrm called, Harrison Miniature Golf, to come in for 2 weeks and plan their golf course. They will come in and build an upscale miniature golf course which is unlike the courses of years ago. Some of the holes are 40 or 50 yards so it will be very challenging. The amount of flowers and landscaping they will be using will be very aesthetically pleasing. It will very much be a garden atmosphere with ponds, waterfalls and bridges. To screen Fountain Place Apartments from the light and noise, they have done a signifIcant amount of large pine trees and other trees. It's relatively well screened. They are a seasonal business with hours from 10 a.m. to 10 p.m. weeknights during the summer, and one extra hour on the weekends. During the fall, their lights will only be open at the most for one hour because it gets dark quickly and gets cold very fast. They will be open from April 1st through October 31st, depending on the weather. Their real season is basically from Memorial Day through Labor Day. The lights are really not that bright and will not have any impact on the surrounding apartments. Ritter played a short video tape from Harrison Miniature Golf, for the Planning Commission, depicting what the intended miniature golf course will look like. Sandstad asked if it is a 9 hole or an 18 hole course. Ritter replied that it's 18 holes. Clinton asked for the locations of their other properties. Ritter replied that they purchased an amusement park family center this past year in Ramsey, and they have one in Wisconsin similar to this plan. 2 V. Sf - \ \ Clinton asked how long this takes to be done. Ritter replied that Harrison's typical schedule is that they bring a crew in with 20 men and it takes about 2 weeks for them to lay the brick down and the cement. After Harrison leaves, they still have to do the parking lot and the landscaping. The whole project should take approximately 6 weeks. Mahoney asked what the cost will be to families. Ritter replied that the cost for adults to play miniature golf would be $ 4.00 to $ 5.00, and children between $ 2.50 and $ 3.50. The cost for the batting cage will be $ 1.00. They will be doing extensive advertising with coupons for the public. Sandstad expressed concern about the safety of pedestrians crossing 169 to enjoy miniature golf. Franzen replied that it is dangerous to be a pedestrian and cross 169 at Anderson Lake Parkway because the intersection is large and signal time is short. He said that anybody coming from that side will want to be driven there. Sandstad asked if there is any room for signals at the intersection of Fountain Place and 169. Franzen replied that it doesn't meet signals warranted. He said that once 212 is built, and more so when County Road 18 is upgraded and finished to 494, that is going to reduce the traffic by about 113 of it's current volume. Wissner asked if the location of the 2 acres on the plans is more towards the post office. Franzen replied that's correct. He said that the site that's between the post office and this site is guided Office. Wissner expressed concern that the name is very deceiving by using the words "sports park". Ritter replied that they don't want to limit themselves to miniature golf because they want to incorporate the batting cages. They want to express a fun place to come to. He said "sports park" is a name that is becoming very popular now. Wissner asked if that's the final name. Ritter replied that it's not yet final. Clinton stated that the video talked about landscaping to be attractive from the highway. He asked if they see that being much of a problem since that is a high accident prone location. Ritter replied that he really hasn't thought much about it. He said that their sign is going to be visible enough from the road that you would see the sign and know it's there. Once the daily commuters see it once, they will have no reason to look down at it again. He certainly does not feel it's going to cause any accidents. Kardell asked about the music or sound system. Ritter replied that there are 2 3 types of speakers they use. The plan is for ground speakers on the ground, and to put 4 or 5 around different holes. The other type is to be put on the lamp posts. He said it will be basically background music, not like playing a stereo. Kardell asked what type of music will be played. Ritter replied that they usually play an easy listening radio station. Kardell asked about the competition in surrounding areas like the course near Valleyfair. Ritter replied that their course will be very elaborate, but not as elaborate as the one by Valley fair. They are going to have waterfalls, little bridges, and ponds that are going to be very beautiful. Kardell asked if anything is planned for the extension of Columbine Road. Franzen replied that there is a recommendation for connection between Anderson Lakes Parkway, to Wal-Mart's southern entrance near Green Mill. Sandstad suggested adding a condition about the sound levels at the property line, with a typical limit of 50 decimals, and a basic line that would not be offensive to residential property. The sound should not bother anyone 50 feet away. Franzen reviewed the Staff Report with the Planning Commission. He noted that there is a letter in the packets from CSM Corporation, the company that manages Fountain Place Apartments. CSM does not feel that a miniature golf course would negatively impact their ability to lease their apartments. Staff has lowered the lighting standard to 20 feet, 10 feet lower than the normal commercial lighting standard. The light level in the parking lot will not be any brighter than what you would see at the post office at night. There are conditions in the Staff Report which are highlighted under the variance section that make unique circumstances for this site, and for outdoor recreational use. Staff's recommendation is for approval based upon the Staff Report and the plans in the packet. Schlampp asked how many foot candles will this be for the lighting. Franzen replied 4 foot candles. Schlampp expressed concern that he didn't think this would be enough lighting. He asked if 1 to 3 foot candles was an error. Franzen replied that that's at the perimeter of the site. Ritter noted that Harrison said that lOis the most they have ever seen, and that is very, very bright. 4 V. S. -\3 Kardell asked if there would be any possibility that they would be back to make it a 36 hole course. Ritter replied that they have thought about it. The way they have it laid out on the site, they would not be able to add another 18 holes. Their only option is to purchase something next to them and expand it. At this point, land costs in the area is too expensive to make that happen. Sandstad expressed concerns about pedestrians walking along 169 and asked if any of the other Commissioners shared his concerns. Kardell expressed concerns about the traffic issue versus the pedestrian issue. Ritter stated one of the reasons they like this location is the proximity to the trails and the developments behind the apartments. The golf course can be reached from those locations by side streets, and they do have a bicycle rack for kids who ride their bikes over. Sandstad stated that he likes the Guide Plan change, but he is very concerned about the pedestrians. Bauer stated that it's a good idea, but he is not comfortable to suggest sidewalks along the highway. MOTION 1: Wissner moved, seconded by Bauer, to close the public hearing. Motion carried 7-0-0. MOTION 2: Wissner moved, seconded by Bauer, to recommend to the City Council approval of the request of Parvest, Inc. for Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2.2 acres based on plans dated January 18, 1995, and subject to the recommendations of the Staff Report dated January 20, 1995 as amended: the sound to be limited to 50 YBA level. Motion carried 7-0-0. MOTION 3: Wissner moved, seconded by Bauer,· to recommend to the City Council approval of the request of Parvest, Inc. for Zoning District Change from Rural to Commercial Regional Service on 2.2 acres based on plans dated January 18, 1995, and subject to the recommendations of the Staff Report dated January 20, 1995 as amended: the sound to be limited to 50 YBA level. Motion carried 7-0-0. MOTION 4: Wissner moved, seconded by Bauer, to recommend to the City Council approval of the request of Parvest, Inc. for Site Plan Review on 2.2 acres based on plans dated January 18, 1995, and subject to the recommendations of the Staff Report dated January 20, 1995 as amended: the sound to be limited to 50 YEA level. Motion carried 7-0-0. 5 V.B,-\tf CSM Corporation 2561 Territorial Road· St. Paul, MN 55114-1500·612/646-1717· FAX 612/646-2404 January 6, 1995 Carl Jullie city Manager city of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Re: Proposed Par-Vest Development Dear Mr. Jullie: At the request of the proponents of the noted project, this letter is written to advise you that we have no objection to the proposed development, nor do we feel that the development will negatively impact the Fountain Place Apartments or the residents thereof. In the event there are questions concerning the foregoing, please feel free to call me at your convenience. Very truly yours, CSM CORPORATION David Carland DC/jk VI~' -lS- ~all DATE: CITY COUNCIL AGENDA FEBRUARY 21, 1995 .- SECTION: DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE VEPT PAYMENT OF CLAIMS VI , CHECKS NUMBER 28486 THRU 28864 - . ~ \ Action/Direction: - FEBRUARY 21, 1995 VI 28486 CARVER COUNTY COURTHOUSE PAYROLL 01-20-95. 49.37 28487 CARVER COUNTY COMMUNITY SOCIAL SE PAYROLL 01-20-95. 276.93 28488 FEDERAL RESERVE BANK PAYROLL 01-20-95. 350.00 28489 GREAT-WEST LIFE & ANNUITY PAYROLL 01-20-95. 7815.50 28490 HEALTHPARTNERS FEBRUARY 95 HEALTH INSURANCE PREMIUM. 23322.01 28491 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 01-20-95. 240.46 28492 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 01-20-95. 298.00 28493 ICMA RETIREMENT TRUST-457 PAYROLL 01-20-95. 3468.64 28494 INTL UNION OF OPERATING ENGINEERS FEBRUARY 95 UNION DUES. 1270.00 28495 MEDICA CHOICE FEBRUARY 95 HEALTH INSURANCE PREMIUM. 48772.31 28496 MN DEPT OF REVENUE PAYROLL 01-20-95. 227.42 28497 MINNESOTA DEPT OF REVENUE PAYROLL 01-20-95. 186.12 28498 MINNESOTA MUTUAL LIFE PAYROLL 01-20-95. 1011.50 28499 MN STATE RETIREMENT SYSTEM PAYROLL 01-20-95. 167.00 28500 MN TEAMSTERS CREDIT UNION PAYROLL 01-20-95. 25.00 28501 EXECUTIVE DIRECTOR-PERA PAYROLL 01-20-95. 235.44 28502 EXECUTIVE DIRECTOR-PERA MARCH 95 LIFE INSURANCE PREMIUM. 225.00 28503 EXECUTIVE DIRECTOR-PERA PAYROLL 01-20-95. 40401.36 28504 EXECUTIVE DIRECTOR-PERA PAYROLL 01-20-95. 110.00 28505 JIM CARLSON LEASING COMPANY 1993 DODGE CARAVAN-EQUIPMENT MAINTENANCE. 13337.50 28506 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 152.00 28507 HENNEPIN COUNTY TREASURER JANUARY 95 SOLID WASTE MANAGEMENT FEE-34.19 PARK MAINTENANCE. 28508 SUPPLEES 7 HI ENTER INC FEBRUARY 95 RENT-LIQUOR STORE II. 5090.42 28509 BUSINESS HEALTH SERVICES SAFETY TRAINING-SAFETY DEPT. 15.00 28510 HOLIDAY INN SOUTH SCHOOL LODGING-FIRE DEPT. 129.80 28511 RIVERLAND TECHNICAL COLLEGE SCHOOL -FIRE DEPT. 150.00 28512 LEN WOOD & ASSOCIATES BOOK-ADMINISTRATION DEPT. 33.95 28513 GE CAPITAL FEBRUARY 95 COPIER LEASE AGREEMENT-SENIOR 178.75 CENTER. 28514 MN DEPT OF REVENUE FEBRUARY 95 FUEL TAX. 555.20 28515 ORDWAY MUSIC THEATRE TICKETS-ADULT PROGRAMS/FEES PAID. 1147.25 28516 ART FASEN SUPPLIES FOR WOODWORKING SHOP-SENIOR 72.64 CENTER. 28517 SANDRA OLSON REFUND-SWIMMING LESSONS. 42.00 28518 BRUCE ANDERSON REFUND-YOGA LESSONS. 35.00 28519 PAT ANDERSON REFUND-BEFORE & AFTER CARE CLASSES. 3.00 28520 JANINE BULT REFUND-SWIMMING LESSONS. 42.00 28521 DONNA CARLSON REFUND-SWIMMING LESSONS. 21.00 28522 LYNN CORRWEAU REFUND-SKATING LESSONS. 31.00 28523 CHERY L ECKST AM REFUND-YOUTH SKI TRIP. 22.00 28524 KATHRYN HUPP REFUND-TAE KWON DO LESSONS. 32.00 28525 RUTH LAWLESS REFUND-LINE DANCING LESSONS. 25.00 28526 JOANNE MANLOVE REFUND-LINE DANCING LESSONS. 25.00 28527 DONNA MAPES REFUND-YOGA LESSONS. 35.00 28528 VANESSA MATHWIG REFUND-YOGA LESSONS. 29.00 28529 YVONNE SELCER REFUND-SKATING LESSONS. 30.30 28530 TIFFANY SIMMONS REFUND-SWIMMING LESSONS. 24.00 28531 ERIC SIT REFUND-WINTER SAMPLER WEEKEND-OUTDOOR 4.00 CENTER. 14974906 FEBRUARY 21, 1995 1 • FEBRUARY 21, 1995 VI 28532 ANN STEIN REFUND-LINE DANCING LESSONS. 25.00 28533 LYNDELL FREY REIMBURSEMENT FOR TICKETS-SKI TRIP 35.00 PROGRAM. 28534 FEED RITE CONTROLS INC FERRIC SULFATE-WATER TREATMENT PLANT. 5229.00 28535 BENJAMIN HIGGINBOTHAM VIDEO EDITING OF MARTIN LUTHER KING JR 29.25 DINNER-COMMUNITY SERVICES DEPT. 28536 LARRY A OOIG SCHOOL-STREET MAINTENANCE. 207.45 28537 SHERI MEULEBROECK EXPENSES-AFTERNOON PLAYGROUND PROGRAM/ 265.06 SKATING RINKS PROGRAM/SOCIAL PROGRAM/ SPECIAL TRIPS & EVENTS PROGRAM/ AFTERSCHooL PROGRAM. 28538 SEGAL WHOLESALE INC SUPPLIES-LIQUOR STORE I. 157.94 28539 SUBURBAN CHEVROLET REAR LEEF SPRING REPAIR/SWITCHES/COIL/AIR 1582.72 PIPE/ANTI-LOCK BRAKES REPAIRED/CIRCUIT BOARD/TANK/BRACKET ASSEMBLY/GENERATORS/ TENSIONER/BELT/ARM ASSEMBLIES/ROD/OOOR HANDLE CONTROLS/MOTOR ASSEMBLY-EQUIPMENT MAINT 28540 UNLIMITED SUPPLIES INC NUTS & BOLTS/WASHERS-STREET DEPT. 387.72 28541 VISIONARY SYSTEMS LTD COMPUTER SOFTWARE & MAINTENANCE AGREEMENT-1303.00 FIRE DEPT. 28542 WINE SPECTATOR SUBSCRIPTION-LIQUOR ST.ORE II. 40.00 28543 WORDPERFECT MAGAZINE SUBSCRIPTION-CITY HALL. 216.00 28544 WORDPERFECT MAGAZINES SUBSCRIPTION-BLDG INSPECTIONS DEPT. 39.00 28545 lEE MEDICAL SERVICE FIRST AID SUPPLIES-UTILITIES DIVISION/ 241.02 POOL OPERATIONS/COMMUNITY CENTER ADMINISTRATION/STREET MAINTENANCE/PA~K MAINTENANCE. 28546 CIRCUIT CITY SONY SPORT CASSETTE PLAYER-FITNESS 53.22 CLASSES. 28547 BELLBOY CORPORATION BEER. 293.60 28548 DAY DISTRIBUTING COMPANY BEER. 11694.00 28549 EAST SIDE BEVERAGE CO BEER. 22721.70 28550 MARK VII DISTRIBUTING COMPANY BEER. 7392.55 28551 MIDWEST COCA COLA BOTTLING CO MIX. 655.29 28552 PAUSTIS & SONS BEER. 24.50 28553 PEPSI-COLA COMPANY MIX. 152.30 28554 THORPE DISTRIBUTING COMPANY BEER. 18159.55 28555 THE WINE COMPANY BEER. 19.95 28556 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/HIS,TORICAL & 732.84 CULTURAL COMMISSION/HISTORICAL INTERPRETATION PROGRAM. 28557 LYNN STOCK SCHOOL ADVANCE-POLICE DEPT. 25.00 28558 RAMADA INN SCHOOL-POLICE DEPT. 46.20 28559 SOUTHEASTERN MN CANINE TRAINING A SCHOOL-FEBRUARY 22 & 23: LYNN STOCK. 45.00 28560 DIVISION OF EMERGENCY MGMT CONFERENCE-CIVIL DEFENSE DEPT. 31.00 28561 HIGH BAR PRODUCTIONS LTD STEP RISERS-FITNESS CLASSES PROGRAM. 67.66 28562 THE EMBASSY ROW HOTEL CONFERENCE LODGING-CITY COUNCIL. 1078.35 28563 MERLINS ACE HARDWARE PAINT/BATTERIES/DUCT TAPE/UNION/BLADES/ 330.84 SCRAPER/HARDWARE CLOTH/LOCK/HASPS/ CLEANING SUPPLIES/ROPE/CABLE TIES/KEY/ BATTERIES/V-BELT/ROLLER COVERS/PAINT/OIL/ VISE GRIP/PULLEY/SOCKET SET/CLOCK/BRASS FITTINGS-STREET MAINT/PARK MAINT/ FACILITIES DEPT/COMMUNITY CENTER/ RECREATION ADMINISTRATION. 7328171 FEBRUARY 21, 1995 2. FEBRUARY 21, 1995 28564 28565 28566 28567 28568 28569 28570 MINNEGASCO NORTHERN STATES POWER CO NORTHERN STATES POWER COMPANY U S WEST COMMUNICATIONS WORDPERFECT MAGAZINE ANNE GUTTMAN MICHELLE JOBST SERVICE. SERVICE. SERVICE. SERVICE. WORDPERFECT MAGAZINE BINDERS-FINANCE DEPT. REFUND-SELF DEFENSE CLASSES. REFUND-WINTER CAMPING-OUTDOOR CENTER PROGRAM. 28571 BETH LOUGHRAN 28572 MARY MAESERS 28573 VANESSA MATHWIG 28574 PETTY CASH REFUND-SELF DEFENSE CLASSES. REFUND-SELF DEFENSE CLASSES. REFUND-MEMBERSHIP FEE. EXPENSES-ENGINEERING DEPT/BLDG INSPECTIONS DEPT/FIRE DEPT/SENIOR CENTER. ANTI-FREEZE TESTERS/FILLER/BEARINGS/OIL SEALS/MAGNET/DISTRIBUTOR CAPS/ROTORS/AIR/ 28575 GENUINE PARTS COMPANY FUEL & HYDRAULIC FILTERS/U-JOINTS/ THERMOSTATS/HORN BUTTON/BATTERIES/SPARK PLUGS/BLADES/PAINT/NUTS & BOLTS/SWITCHES/ V-BELTS/ALTERNATORS/GREASE/HOSE ENDS/ BULBS/GAS CAPS/SOLENOIDS/TRAILER BALL/ GEAR OIL/STRAP/TIE STRAPS/MIRRORS/WRENCH/ PLIERS-EQUIPMENT MAINTENANCE/PARK MAINTENANCE/UTILITIES DIVISION. 28576 DISTRICT COURT NOTARY COMMISSION FILING & RECORDING FEE- COMMUNITY DEVELOPM ENT DEPT. 28577 DELEGARD TOOL CO RECHARGEABLE LIGHT/SWITCH SEAL/ RECHARGEABLE BATTERIES/CONTROL VALVE/PUMP ASSEMBLY/BEARINGS/CAM-EQUIPMENT MAINTENANCE. 28578 KRAEMERS HOME CENTER HOSE/LETTERS/POISON/BIRD SEED/CORN/BULBS/ HANGERS/DOOR STOP/RUST REMOVER/LOCKS/ HINGES/DOWEL/HASP/SHEETROCK SQUARE/ BATTERIES/PAINT/SALT/TAPE/PAINT BRUSHES/ VINYL SHEETING/PAINT THINNER/SCREEN/WALL PLATE/CONNECTORS/FITTINGS/SCREWS/UTILITY PUMP/ANCHORS/TRASH CANS/DRILL BIT/ FASTENERS/TOOL BOX/KEYS-ENGINEERING DEPT/ OUTDOOR CENTER/SENIOR CENTER/WATER DEPT. 28579 28580 28581 28582 28583 28584 28585 28586 28587 28588 28589 28590 OLD REPUBLIC NATIONAL TITLE PURCHASE OF PROPERTY FROM LYNN CHARLSON. VOIV OUT CHECK . CANADA LIFE ASSURANCE CO FEBRUARY 95 DISABILITY INSURANCE PREMIUM. CARVER COUNTY COURTHOUSE PAYROLL 02-03-95. CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 02-03-95. FEDERAL RESERVE BANK PAYROLL 02-03-95. GREAT-WEST LIFE & ANNUITY PAYROLL 02-03-95. HENN CTY SUPPORT & COLLECTION SVC PAYROLL 02-03-95. HENN CTY SUPPORT & COLLECTION SVC PAYROLL 02-03-95. ICMA RETIREMENT TRUST-457 PAYROLL 02-03-95. MINNESOTA DEPT OF REVENUE PAYROLL 02-03-95. MN DEPT OF REVENUE PAYROLL 02-03-95. 125439799 FEBRUARY 21, 1995 3. VI 24395.17 36497.80 40113.08 7927.06 23.90 25.00 6.00 25.00 25.00 114.59 59.16 1787.38 25.00 272.98 1135.04 1126544.85 0.00 2136.91 49.37 276.93 400.00 8093.50 240.46 298.00 3538.14 160.25 227.42 FEBRUARY 21, 1995 VI 28591 MINNESOTA MUTUAL LIFE PAYROLL 02-03-95. 1026.50 28592 MN STATE RETIREMENT SYSTEM PAYROLL 02-03-95. 182.00 28593 MN TEAMSTERS CREDIT UNION PAYROLL 02-03-95. 25.00 28594 NORWEST BANKS MINNESOTA N A PAYROLL 02-03-95. 84887.00 28595 PRUDENTIAL INSURANCE CO FEBRUARY 95 LIFE INSURANCE PREMIUM. 2922.38 28596 WHV OUT CHECK 0.00 28597 EXECUTIVE DIRECTOR-PERA PAYROLL 02-03-95. 40838.46 28598 WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 02-03-95. 900.00 28599 MN CHAPTER IAAI SCHOOL-POLICE DEPT. 110.00 28600 MTI DISTRIBUTING CO CONFERENCE-PARK MAINTENANCE. 900.00 28601 KEYE PRODUCTIVITY CENTER CONFERENCE-FINANCE DEPT. 139.00 28602 HSNNEPIN TECHNICAL COLLEGE CONFERENCE-FACILITIES DEPT. 39.00 28603 DIANE DINGLEY REFUND-SNOWSHOE HIKE-OUTDOOR CENTER 8.00 PROGRAM. 28604 JOHN FRANSWAY REFUND-SKATING LESSONS. 14.32 28605 CHRISTI KEGLEY REFUND-SNOWSHOE HIKE-OUTDOOR CENTER 8.00 PROGRAM. 28606 LISA PAPPO REFUND-SWIMMING LESSONS. 24.00 28607 SUSAN WILWERDING REFUND-SNOWSHOE HIKE-OUTDOOR CENTER 24.00 PROGRAM. 28608 SUE ZALESKAS REFUND-SWIMMING LESSONS. 36.00 28609 EXECUTIVE DIRECTOR-PERA PAYROLL 02-03-95. 32.50 28610 OLD REPUBLIC NATIONAL TITLE PROPERTY TAXES FOR KLEIN/PETERSON LAND 1199.66 PURCHASE. 28611 GE CAPITAL MODULAR SPACE WARMING HOUSE BUILDING RENTAL-PRAIRIE 415.34 VIEW PARK. 28612 STAGETIME PRODUCTIONS TICKETS-ADULT PROGRAMS/FEES PAID. 319.50 28613 ICMA BOOK-ADMINSTRATION DEPT. 59.50 28614 MN STATE FIRE MARSHALL CONFERENCE-FIRE DEPT. 125.00 28615 NORTHERN STATES POWER CO SERVICE. 7137.48 28616 U S WEST CELLULAR INC SERVICE. 677 .05 28617 U S WEST COMMUNICATIONS SERVICE. 4424.20 28618 LANENA BACKER REFUND-YOUTH SKI TRIP. 22.00 28619 BARB BOWLBY REFUND-YOUTH SKI TRIP. 22.00 28620 ANNE GAUEN REFUND-YOUTH SKI TRIP. 22.00 28621 DOUG HAYDEN REFUND-ANIMAL TRACKS-OUTDOOR CENTER 5.00 PROGRAM. 28622 BRANDON JENSEN REFUND-YOUTH SKI TRIP. 22.00 28623 RUTH KIRKPATRICK REFUND-SWIMMING LESSONS. 21.00 28624 GREGORY LARSON REFUND-ANIMAL TRACKS-OUTDOOR CENTER 5.00 PROGRAM. 28625 DONNA MAPES REFUND-SKIJORING CLASS-OUTDOOR CENTER 10.00 PROGRAM. 28626 MICHAEL MIKULICH REFUND-YOUTH SKI TRIP. 22.00 28627 MIKE MORIARITY REFUND-YOUTH SKI TRIP. 22.00 28628 PAM MURPHY REFUND-SWIMMING LESSONS. 21.00 28629 GHANSHYAN NAKATANI REFUND-SWIMMING LESSONS. 48.00 28630 RITA RADEMACHER REFUND-SKATING LESSONS. 26.00 28631 KRISTEN RICE REFUND-YOUTH SKI TRIP. 22.00 28632 BERYL ScfiEWE REFUND-SWIMMING LESSONS. 45.00 14680889 FEBRUARY 21, 1995 4. FEBRUARY 21, 1995 VI 28633 PAMELA STAFFORD REFUND-YOUTH SKI TRIP. 22.00 28634 TANJY THOMAS REFUND-STANDARD FIRST AID CLASS. 13.00 28635 VIVIEN WHITE LING REFUND-SKATING LESSONS. 41.66 28636 BROWN & CRIS INC SERVICE-MITCHELL ROAD & TECHNOLOGY DR. 176919.77 28637 SHEELY CONSTRUCTION COMPANY SERVICE-WELL PUMPHOUSES #11 & 12. 119056.75 28638 COLLISYS SERVICE-TRAFFIC SIGNALS AT PRAIRIE CENTER 81698.10 DR/TECHNOLOGY DR & PLAZA DR. 28639 LUNDA CONSTRUCTION SERVICE-DELL ROAD-HWY & BRIDGE 19989.55 CONSTRUCTION. 28640 RICHARD KNUTSON INC SERVICE-BRAXTON DR STREET & UTILITY 17401.81 IMPROVEMENT. 28641 SHAFER CONTRACtING COMPANY INC SERVICE-COUNTY RD 4 TO MITCHELL ROAD. 2034.10 28642 A U S COMMUNICATIONS INC CABLES/MODULAR INSERTS & INSTALLATIONS-576.47 CITY HALL/POLICE DEPT. 28643 ARDEN AANESTAD OUTDOOR CENTER PROGRAM INSTRUCTOR/FEES 35.00 PAID. 28644 ACCOUNTEMPS SERVICE-FINANCE DEPT. 448.00 28645 ADT SECURITY SYSTEMS 1995 SECURITY MAINTENANCE AGREEMENT-1194.47 COMMUNITY CENTER/PUBLIC WORKS BLDG/ STORAGE BUILDING. 28646 ADVANCED GRAPHIC SYSTEMS INC PRINTER CARTRIDGES-POLICE DEPT. 200.01 28647 AIRLIFT DOORS INC REPLACED BENT HINGE & ROLLER-COMMUNITY 58.80 CENTER. 28648 AIRSIGNAL INC FEBRUARY 95 PAGER SERVICE-COMMUNITY 89.97 CENTER/FIRE DEPT/ASSESSING DEPT/PARK MAINT 28649 RAY ALLEN MFG CO INC BAIL OUT-EQUIPMENT MAINTENANCE. 516.90 28650 ALLIED FIRESIDE REFUND-MECHANICAL PERMIT. 35.90 28651 AMERICAN HEAT MONTHLY TAPES FOR TRAINING PROGRAM-FIRE 936.00 DEPT. 28652 AMERICAN LINEN SUPPLY CO TOWELS/MATS/COVERALLS-COMMUNITY CENTER/ 339.88 LIQUOR STORES. 28653 AMERICAN RED CROSS RESCUE MANIKIN RENTALS-POO LESSONS. 63.90 28654 ARNIE AMRHEIN SAFETY EYEGLASSES-STREET MAINTENANCE. 50.00 28655 EARL F ANDERSEN & ASSOC INC TRAFFIC CONTROL SIGNS-STREET DEPT/SPLASH 3208.93 PROOF BELT SEAT-PARK MAINTENANCE. 28656 KEN ANDERSEN TRUCKING SERVICE-WILDLIFE DISPOSAL-ANIMAL CONTROL 95.86 DEPT. 28657 ANIMAL INN BOARDING KENNEL CANINE SUPPLIES-POLICE DEPT. 34.28 28658 CHARLEEN ANTHONY REFUND-OVERPAYMENT UTILITY BILLING. 47.90 28659 ASPEN EQUIPMENT COMPANY SOLENOIDS-EQUIPMENT MAINTENANCE. 195.10 28660 ASSURED SECURITY INC CONVERTED EXIT DEVICE AT CITY HALL TO 640.99 ELECTRIC OPERATION TO WORK WITH CARD READER SYSTEM. 28661 AUDIO VISUAL WHOLESALERS CARDS-POLICE DEPT. 7.39 28662 AUDIOVISUAL INC MIXER FOR CABLE SYSTEM-CITY HALL. 150.00 28663 B & STOOLS BRAKE BANDS/FLAPPER WHEEL/RATCHET WRENCH/ 62.68 TOOL REPAIR-EQUIPMENT MAINTENANCE. 28664 BARTLEY SALES COMPANY INC PURSE SHELVES-CITY HALL. 287.55 28665 BAUER BUILT INC BATTERIES/WIPER BLADES/GLASS CLEANER/ 937.65 BRAKE PADS/SEALED BEAMS-EQUIPMENT MAINTENANCE. 42739037 FEBRUARY 21, 1995 5. FEBRUARY 21, 1995 VI 28666 BECKER ARENA PRODUCTS INC ACYRLIC SHEETS-COMMUNITY CENTER. 181.05 28667 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 530.49 28668 BIFFS INC OCTOBER 94 THRU FEBRUARY 95 WASTE 1630.92 DISPOSAL SERVICE-ADA PROGRAM/PARK MAINTENANCE. 28669 DAVID BLACK MILEAGE-COMMUNITY CENTER MAINTENANCE. 50.40 28670 BLACK & VEATCH SERVICE-WATER TREATMENT PLANT EXPANSION. 48339.24 28671 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY 474.55 CENTER. 28672 CITY OF BLOOMINGTON DECEMBER 94 KENNEL COSTS-ANIMAL CONTROL 459.00 DEPT. 28673 CITY OF BLOOMINGTON INSTALLED ELECTRIC STRIKES-CITY CENTER/ 771.35 RETROFIT KNOB LEVER SET-CITY HALL. 28674 GLENN BOWEN REFUND-OVERPAYMENT UTILITY BILLING. 127.72 28675 BOB BROICH REFUND-UNUSED PORTION OF PRE-PLAT DEPOSIT 237.20 AGREEMENT. 28676 BRO-TEX INC PAPER TOWELS-EQUIPMENT MAINTENANCE. 235.30 28677 PAUL BROWN SERVICE-BASKETBALL OFFICIAL/FEES PAID. 1020.00 28678 BUMPER TO BUMPER DISC PAD-EQUIPMENT MAINTENANCE. 18.57 28679 BUREAU OF CRIMINAL APPREHENSION SCHOOL-POLICE DEPT. 160.00 28680 U S POSTMASTER POSTAGE-UTILITY BILLING. 1040.25 28681 CAPITOL COMMUNICATIONS FRONT COVER/KEYPAD/GRILL CLOTH/WINDOW/ 2289.66 FEBRUARY 95 MAINTENANCE AGREEMENT-POLICE DEPT. 28682 CARGILL SALT DIVISION DEICING SALT-SNOW & ICE CONTROL-STREET 1933.65 DEPT. 28683 CHETS SAFETY SALES INC UNIFORMS-STREET MAINTENANCE/PARK 1084.35 MAINTENANCE. 28684 CLEAN & PRESS REFUND-STORM DRAINAGE PROGRAM. 197.55 28685 CM CONSTRUCTION COMPANY INC SERVICE-SENIOR CENTER REMODELING. 24304.00 28686 CHANHASSEN LAWN & SPORTS FACE MASKS-WATER DEPT. 89.91 28687 CLEANING & MAINTENANCE MGMT SUBSCRIPTION-FACILITIES DEPT. 68.00 28688 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-DESIGN FOR MAIN STREET 23231.60 IMPROVEMENTS/CITY CENTER POST CONSTRUCTION/SENIOR CENTER REMODELING. 28689 COMPUTERWARE DATA PRODUCTS INC COMPUTER CHIP FOR UPGRADE-ADAPTIVE 210.86 RECREATION PROGRAM. 28690 CONNEY SAFETY PRODUCTS SAFETY GLASSES-SAFETY DEPT. 92.40 28691 COPY EQUIPMENT INC OFFICE SUPPLIES-STREET DEPT. 103.90 28692 CRONATRON WELDING SYSTEMS INC ROD/SOLDER/FLUX-EQUIPMENT MAINTENANCE. 340.68 28693 CULLIGAN -METRO FEBRUARY/MARCH SOFTENER SERVICE-OUTDOOR 35.80 CENTER. 28694 HARLEY CURRIER MEETING EXPENSES/MILEAGE-BLDG INSPECTIONS 117.78 DEPT. 28695 CYS UNIFORMS JACKET/EMBLEMS-POLICE DEPT. 262.45 28696 DALCO CLEANING SUPPLIES-COMMUNITY CENTER. 163.28 28697 DECORATIVE DESIGNS FEBRUARY 95 LIVE PLANT MAINTENANCE-CITY 365.85 CENTER. 28698 BEV DRAVES SERVICE-OUTDOOR CENTER SUPERVISOR/FEES 15.00 PAID. 11018276 FEBRUARY 21, 1995 6. FEBRUARY 21, 1995 VI 28699 DRISKILLS NEWMARKET EXPENSES-SPECIAL TRIPS & EVENTS PROGRAM/ 124.79 KIDS KORNER PROGRAM/PROGRAM SUPERVISOR/ WINTER SKILL DEVELOPMENT PROGRAM/CITY CENTER. 28700 DRISKILLS NEWMARKET EXPENSES-FIRE DEPT. 69.57 28701 DRISKILLS NEWMARKET EXPENSES-POLICE DEPT. 42.33 28702 DRISKILLS NEWMARKET CONCESSION STAND SUPPLIES-COMMUNITY 119.87 CENTER. 28703 DRIVERS LICENSE GUIDE COMPANY ID CHECKING GUIDE-POLICE DEPT. 49.95 28704 WES DUNSMORE SAFETY GLASSES-PARK MAINTENANCE. 29.00 28705 EDEN PRAIRIE FIRE DEPT REIMBURSEMENT FOR PICNIC/ADULT & 3334.53 CHILDRENS HOLIDAY PARTIES/OPEN HOUSE. 28706 EDEN PRAIRIE FORD FIRE EMERGENCY VEHICLE REPAIR/GASKETS/ 1369.86 CARBURETOR KIT/FUEL FILTER/EXHAUST TUBES/ CLAMPS/SHOE/PINS/HEATER VALVE~EQUIPMENT MAINT 28707 EDEN PRAIRIE FORD GYM RENTAL-ORGANIZED ATHLETICS PROGRAM. 1056.00 28708 EDINA S W PLUMBING DISPOSAL & INSTALLATION IN POLICE DEPT-178.50 CITY CENTER. 28709 JACKIE ELLEFSON SERVICE-BRIDGE INSTRUCTOR-SENIOR CENTER. 156.00 28710 EGGHEAD SOFTWARE COMPUTER SOFTWARE-COMMUNITY DEVELOPMENT 147.59 DEPT/HUMAN RESOURCES DEPT. 28711 REBECCA ENGER SERVICE-COMPUTER INSTRUCTOR-SENIOR CENTER. 78.00 28712 ERICSSON INC 2 MOBILE RADIOS-POLICE DEPT. 1814.00 28713 RON ESS SERVICE-HOCKEY OFFICIAL/FEES PAID. 300.00 28714 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 38.70 28715 JUDITH FINLEY SERVICE-WINTER SAMPLER INSTRUCTOR-OUTDOOR 50.00 CENTER PROGRAM. 28716 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT. 54.34 28717 LYNDELL F FREY MILEAGE-YOUTH RECREATION SUPERVISOR. 131.04 28718 FRANKLIN QUEST COMPANY OFFICE SUPPLIES-ADAPTIVE RECREATION 6.34 PROGRAM. 28719 JAMES FRANZEN REIMBURSEMENT-REGISTRATION FOR 1995 MN 20.00 COMMUNITY TELEVISION AWARDS. 28720 LYNDELL FREY SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 323.00 28721 G & K SERVICES UNIFORMS/MOPS/TOWELS-STREET MAINT/ 1190.24 EQUIPMENT MAINT/PARK MAINT/UTILITIES DIVISION. 28722 G & K DIRECT PURCHASE UNIFORMS-FACILITIES DEPT/STREET 12617.85 MAINTENANCE/EQUIPMENT MAINTENANCE/PARK MAINTENANCE/UTILITIES DIVISION. 28723 GENERAL SAFETY EQUIPMENT CORP REPLACED LEAKING GASKET ON PUMPER TANKER 459.45 VEHICLE-FIRE DEPT. 28724 W W GRAINGER INC AIR FILTERS/V-BELTS-COMMUNITY CENTER/ 460.93 BALLASTS-PUBLIC WORKS BLDG. 28725 SERENITY GRIER SERVICE-SPECIAL EVENT CHAPERONE/FEES PAID. 66.50 28726 HEAVENLY HAM MEETING EXPENSES-FIRE DEPT. 27.50 28727 MICHAEL W HAMILTON SERVICE-BROOMBALL OFFICIAL/FEES PAID. 360.00 28728 HANSEN THORP PELLINEN OLSON INC SERVICE-MILLER PARK IMPROVEMENTS. 2240.50 28729 HARMON CONTRACT GLAZING INC DOUBLE COLLAR STUDS-COMMUNITY CENTER. 17 .16 28730 HARMON GLASS COMPANY SIDE MIRROR REPLACED-EQUIPMENT 18.00 MAINTENANCE. 2695154 FEBRUARY 21, 1995 7. FEBRUARY 21, 1995 VI 28731 PETER J HARMS SERVICE-BASKETBALL OFFICIAL/FEES PAID. 127.50 28732 JOSH HENDERSON SERVICE-BASKETBALL OFFICIAL/FEES PAID. 170.00 28733 HENNEPIN CO FIRE CHIEFS ASSN SUBSCRIPTION-FIRE DEPT. 10.00 28734 HENNEPIN COUNTY SHERIFF DECEMBER 94 BOOKING FEES-POLICE DEPT. 403.24 28735 HENNEPIN COUNTY TREASURER DECEMBER/JANUARY WASTE DISPOSAL SERVICE-104.91 PARK MAINTENANCE. 28736 HENNEPIN COUNTY TREASURER DECEMBER 94 BOARD OF PRISONERS-POLICE 1756.00 DEPT. 28737 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABELS-COMMUNITY 292.50 DEVELOPMENT DEPT. 28738 THE HOOVER COMPANY VACUUM CLEANER ATTACHMENTS-COMMUNITY 41.15 CENTER. 28739 HOPKINS FIRE DEPT SUBSCRIPTION-FIRE DEPT. 500.00 28740 HORIZON GRAPHICS INC PRINTING-EMPLOYEE CALENDERS-HUMAN 2135.00 RESOURCES DEPT. 28741 HUDSON MAP COMPANY STREET ATLASES-POLICE DEPT. 130.02 28742 AFTON ALPS TICKETS-SKI TRIP PROGRAM. 450.00 28743 KOCH BUS SERVICE BUS SERVICE-SKI TRIP PROGRAM. 290.00 28744 SKATEVILLE TICKETS-SPECIAL TRIPS & EVENTS PROGRAM. 70.29 28745 VOIV OUT CHECK . 0.00 28746 CIRCUS PIZZA TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 158.15 FEES PAID. 28747 INGRAM EXCAVATING EQUIPMENT & OPERATOR COSTS TO EXCAVATE AT 1135.00 CITY HALL SITE. 28748 INLAND TRUCK PARTS CO U-JOINT KIT-EQUIPMENT MAINTENANCE. 55.09 28749 E F JOHNSON CO MULTI NET SIGNALING ENCODER/DECODER BOX-969.15 POLICE DEPT. 28750 JOHNSON FIRST AID FIRST AID SUPPLIES-SAFETY DEPT. 55.26 28751 CARL JULLIE DUES/MEETING EXPENSES-ADMINISTRATION DEPT. 172.50 28752 JUSTUS LUMBER CO BRASS NAILS/SHELF SUPPORTS/PLYWOOD/LUMBER/ 859.61 PAINT BRUSHES/KNOBS/HINGES/SANDING SEALER/ MITER SAW-STREET MAINTENANCE/COMMUNITY CENTER/UTILITIES DIVISION. 28753 ELYCE KASTL GAR MILEAGE-AQUATICS & FITNESS PROGRAM. 66.08 28754 KINKOS FILM PROCESSING-PARK PLANNING DEPT. 26.52 28755 LEONARD J KOEHNEN & ASSOCIATES ENGINEERING SERVICE FOR PSAP RADIO 5872.50 EQUIPMENT MOVE TO CITY CENTER-POLICE DEPT. 28756 JILL KUYAVA SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 136.00 28757 LAKE COUNTRY DOOR INSTALLED REMOTES ON DOORS & REPLACED 221.90 BUTTON ON WASH-PUBLIC WORKS BLDG. 28758 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 1070.60 28759 LAKELAND FORD TRUCK SALES INC LIGHT SWITCH/MOTOR ASSEMBLY/CYLINDER/ 853.72 WINDOW ASSEMBLY/STEERING CYLINDER- EQUIPMENT MAINTENANCE. 28760 CYNTHIA LANENBERG MILEAGE-FIRE DEPT. 64.26 28761 LANG PAULY & GREGERSON LTD NOVEMBER 94 LEGAL SERVICE-$15068/DECEMBER 39968.43 94 LEGAL SERVICE-$15959/DECEMBER 94 PROSECUTION SERVICE-$8939. 28762 JERRY LASLEY PAINTING SUPPLIES-SENIOR CENTER. 40.52 28763 FRANK LATESEO REFUND-OVERPAYMENT UTILITY BILLING. 93.73 5829963 FEBRUARY 21, 1995 8. FEBRUARY 21, 1995 VI 28764 LMCIT LIABILITY INSURANCE. 785.50 28765 LMCIT 4TH QUARTER LIABILITY INSURANCE. 46754.00 28766 STEVE LUCAS PHOTOGRAPHY PHOTOGRAPHY SERVICE-POLICE DEPT. 241.76 28767 MANKATO CAMPUS CUSTOM SVCS OFFICERS MANUALS/STUDENT GUIDES-FIRE DEPT. 108.00 28768 KEITH MAREK SERVICE-CHAPERONE-SPECIAL EVENTS PROGRAM/ 106.50 SKI TRIP PROGRAM. 28769 LISA MASCARENAS SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 136.00 28770 MASYS CORPORATION MARCH 95 COMPUTER HARWARE & SOFTWARE 1429.70 MAINTENANCE AGREEMENT-POLICE DEPT. 28771 MAXI-PRINT INC PRINTING FORMS-PARK PLANNING DEPT/POLICE 173.60 DEPT. 28772 MCGLYNN BAKERIES INC MEETING EXPENSES-FIRE DEPT. 42.47 28773 MCGLYNN BAKERIES INC EXPENSES-SENIOR CENTER/CONCESSION STAND 86.92 SUPPLIES-COMMUNITY CENTER. 28774 MCGLYNN BAKERIES INC CONCESSION STAND SUPPLIES-COMMUNITY 38.64 CENTER. 28775 MENARDS TREE-COMMUNITY CENTER/TRAINING BOXES FOR 1139.66 CANINE UNITS/SCRBWS/HINGES/SCREEN DOOR PULLS/PLYWOOD/SANDED BOX/CARRIAGE BOLTS/ WASHERS/ANGLE IRONS/CANISTER/TAPE/BRASS CLIPS/WOOD GLUE/SANDED PINE/LUMBER. 28776 METRO SALES INC DEVELOPER/TONER-CITY HALL. 264.58 28777 METRO SYSTEMS DESIGN SERVICE-POLICE DEPT. 258.50 28778 METROPOLITAN WASTE CONTROL COMM MARCH 95 SEWER SERVICE. 163987.00 28779 SCOTT MEULEBROECK SERVICE-CHAPERONE-SPECIAL TRIPS & EVENTS 77.00 PROGRAM. 28780 SHERI MEULEBROECK MILEAGE-RINK MONITOR PROGRAM. 28.28 28781 MIDWEST ASPHALT CORP WASTE DISPOSAL-SEWER DEPT. 4.65 28782 MIDAS BRAKE & MUFFLER CLAMPS-EQUIPMENT MAINTENANCE. 3.60 28783 MIWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 3054.22 ENGINEERING DEPT/STREET MAINTENANCE/ COMMUNITY CENTER/SENIOR CENTER. 28784 MIWEST COCA COLA BOTTLING CO CONCESSION STAND SUPPLIES-COMMUNITY 425.20 CENTER. 28785 MINNESOTA BUSINESS FORMS BUSINESS CARDS-ADMINISTRATION DEPT/BLDG 106.00 INSPECTIONS DEPT. 28786 MN CONWAY FIRE & SAFETY FIRE EXTINQUISHER RECHARGING/O-RINGS-FIRE 183.01 DEPT. 28787 MINNESOTA DEPT OF HEALTH PUBLIC WATER SUPPLY SERVICE CONNECTION 15891.00 FEE. 28788 MINNESOTA DEPT OF PUBLIC SAFETY DATA PROCESSING MAINTENANCE AGREEMENT-990.00 POLICE DEPT. 28789 MINNESOTA SAFETY COUNCIL SNOW PLOW SAFETY VIDEO-STREET MAINTENANCE. 101.35 28790 MN STREET SUPERINTENDENTS ASSN DUES-STREET MAINTENANCE. 75.00 28791 WM MUELLER & SONS INC SAND/GRAVEL-SNOW & ICE CONTROL-STREET 4337.95 MAINTENANCE/PARK MAINTENANCE/UTILITIES DIVISION. 28792 MUNICILITE CO STROBE BOXES-EQUIPMENT MAINTENANCE. 764.69 28793 NATIONAL CAMERA EXCHANGE CAMERA REPAIR-POLICE DEPT. 94.00 28794 DENNY NESBITT EXPENSES/MILEAGE-BLDG INSPECTIONS DEPT. 46.95 24173573 FEBRUARY 21, 1995 9. FEBRUARY 21, 1995 VI 28795 RALPH NESBITT SERVICE-ICE FISHING INSTRUCTOR-OUTDOOR 50.00 CENTER PROGRAMS/FEES PAID. 28796 BETH NILSSON SERVICE-SKATING INSTRUCTOR/FEES PAID. 10313.12 28797 NORTH STAR ICE SUPPLIES-LIQUOR STORES. 339.30 28798 NORWEST BANK MINNESOTA N A BOND PAYMENT PAYING AGENT FEES. 1400.00 28799 OFFICEMAX CREDIT PLAN OFFICE SUPPLIES-EQUIPMENT MAINTENANCE. 266.02 28800 ONE STOP PLUMBING SHOP PLUMBING SERVICE-HOUSING REHABILITATION 775.00 PROGRAM. 28801 OPM INFORMATION SYSTEMS COMPUTER REPAIR-FINANCE DEPT. 110.00 28802 PC EXPRESS INC DOCKING STATION-EQUIPMENT MAINTENANCE. 303.53 28803 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION. 18.48 28804 DIANNE PICHA SERVICE-SKATING INSTRUCTOR/FEES PAID. 80.00 28805 PINK COMPANIES CHAIR-STREET MAINTENANCE. 393.28 28806 PRAIRIE ELECTRIC COMPANY INC REPLACED BALLASTS/MOTOR/INSTALLED WELDER 684.15 RECEPTACLE-COMMUNITY CENTER/EQUIPMENT MAINTENANCE. 28807 PRAIRIE OFFSET PRINTING PRINTING EMPLOYEE NBWSLETTER-HUMAN 260.93 RESOURCES DEPT. 28808 THE PROMOTION GROUP SWEATSHIRTS-FIRE DEPT. 74.65 28809 QUALITY WASTE CONTROL INC JANUARY 95 WASTE DISPOSAL-FACILITIES DEPT. 511.11 28810 RCI ABC OVERHEAD-EQUIPMENT MAINTENANCE. 104.43 28811 RECYCLING ASSN OF MINNESOTA DUES-ADMINISTRATION DEPT. 88.36 28812 RED WING SHOE STORE UNIFORMS-FACILITIES DEPT/STREET 5124.05 MAINTENANCE/EQUIPMENT MAINTENANCE/PARK MAINTENANCE/UTILITIES DIVISION. 28813 RESCUE MAGAZINE SUBSCRIPTIONS-FIRE DEPT. 35.85 28814 THE RETAIL MARKETING GROUP FEBRUARY 95 ADVERTISING SERVICE-LIQUOR 50.00 STORES. 28815 RITZ CAMERA FILM/FIM PROCESSING-SENIOR CENTER/HUMAN 87.74 RESOURCES DEPT. 28816 ROAD RESCUE INC SOLENOIDS-EQUIPMENT MAINTENANCE. 438.27 28817 ROGERS SERVICE ALTERNATOR REPAIRS-EQUIPMENT MAINTENANCE. 128.79 28818 ROOT-O-MATIC SEWER SERVICE THAWED FROZEN DRAIN LINE-EQUIPMENT 85.00 MAINTENANCE. 28819 RUFFRIDGE JOHNSON EQUIPMENT CO VALVE/DIAPHRAGM & DISC ASSEMBLY-EQUIPMENT 389.99 MAINTENANCE. 28820 ST PAUL BOOK & STATIONERY CO OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 517.18 COMMUNITY CENTER/8298/AQUATIC & FITNESS PROGRAM/POOL LESSONS/WATER DEPT. 28821 SANCO INC CLEANING SUPPLIES-COMMUNITY CENTER/ 615.67 FACILITIES DEPT. 28822 COLIN D SCHMIDT MEETING EXPENSES-ASSESSING DEPT. 9.30 28823 RON SCHWARTZ SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 382.50 28824 PAM SCHWEITZER SERVICE-WINTER SAMPLER INSTRUCTOR-OUTDOOR 50.00 CENTER PROGRAM/FEES PAID. 28825 SEARS COLLAR/KNOB-PARK MAINTENANCE. 14.36 28826 SHORELINE TRAPS-ANIMAL CONTROL DEPT. 55.86 28827 SIGNATURE CONCEPTS INC UNIFORMS-POLICE DEPT. 108.20 28828 PETER N SMITH SERVICE-VOLLEYBALL & BASKETBALL OFFICIAL/ 193.00 FEES PAID. 2405812 FEBRUARY 21, 1995 10. FEBRUARY 21, 1995 VI 28829 W GORDON SMITH CO PROPANE/DEGREASER/UNLEADED FUEL-POLICE 112.30 DEPT/EQUIPMENT MAINTENANCE. 28830 SNAP-ON TOOLS CORPORATION TIE ROD TOOLS/DRIVERS/HOLE CUTTER/PULLER-353.32 EQUIPMENT MAINTENANCE. 28831 SNYDER DRUG FACIAL TISSUE-POLICE DEPT. 22.25 28832 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-CITY HALL. 538.40 28833 SOUTHWEST CONTRACTORS SUPPLY CORDLESS DRILL KIT/ANCHORS-UTILITIES 182.51 DIVISION. 28834 SOUTHWEST FIRE LEAGUE DUES-FIRE DEPT. 50.00 28835 SPORTS WORLD USA SOFTBALLS-ORGANIZED ATHLETICS PROGRAM. 9957.75 28836 STREICHERS PROFESSIONAL POLICE EQ HALOGEN LAMPS/STROBE KITS/GUN LOCK HEAD 4104.02 ASSEMBLIES/MOUNT ADAPTER KITS/GRILLE/DECK LIGHTS/GUN LOCK BRACKETS/GRILLE GUARDS/ SPEAKER ASSEMBLIES/FLASHERS/MAP LIGHTS- EQUIPMENT MAINTENANCE. 28837 STRINGER BUSINESS SYSTEMS INC TONER-CITY HALL. 209.14 28838 SUN ELECTRIC CORPORATION ENGINE ANALYZER REPAIR-EQUIPMENT 394.16 MAINTENANCE. 28839 SWEDLUND SEPTIC SERVICE JANUARY 95 WASTE DISPOSAL SERVICE-PARK 95.00 MAINTENANCE. 28840 TARGET STORES GIFT CERTIFICATES-SAFETY INCENTIVE 125.00 PROGRAM. 28841 MARC THIELMAN PHONE REIMBURSMENT-FACILITIES DEPT. 41.67 28842 THIRTY-THREE MINUTE PHOTO INC FILM/FILM PROCESSING-POLICE DEPT/ 152.70 ASSESSING DEPT/FIRE DEPT/WATER DEPT. 28843 JEANE THORNE INC SERVICE-ASSESSING DEPT. 114.40 28844 TOWN & COUNTRY DODGE BRACKETS/SWITCH/BUMPER PIN-EQUIPMENT 152.20 MAINTENANCE. 28845 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE-EQUIPMENT MAINTENANCE/ 166.04 FIRE DEPT. 28846 TWIN CITY VACUUM VACUUM BAGS-FACILITIES DEPT. 105.44 28847 U S HOSPITALITY CORP ADVERTISING-·LIQUOR STORES. 195.00 28848 UNLIMITED SUPPLIES INC NUTS & BOLTS/DRILL BITS/WORK GLOVES-280.41 EQUIPMENT MAINTENANCE/STREET DEPT. 28849 TRIA D VIKESLAND MILEAGE-ADAPTIVE RECREATION PROGRAM. 77 .14 28850 VISION ENERGY PROPANE CYLINDERS-COMMUNITY CENTER. 300.84 28851 TOM VOEHL SERVICE-HOCKEY OFFICIAL/FEES PAID. 200.00 28852 VOSS LIGHTING BATTERIES/EMERGENCY LIGHTS-COMMUNITY 513.72 CENTER. 28853 WARNING LITES OF MN ORANGE REFLECTIVE CONES-STREET DEPT. 561.75 28854 WASTE MANAGEMENT-SAVAGE DECEMBER/JANUARY WASTE DISPOSAL SERVICE-288.56 LIQUOR STORE I. 28855 WATER SPECIALTY OF MN-INC CHEMICALS-COMMUNITY CENTER. 374.71 28856 WATERPRO RADIO READ UPGRADE FOR COMMERICAL METERS-7500.00 WATER DEPT. 28857 WEATHER WATCH INC SERVICE-SNOW & ICE CONTROL-STREET DEPT. 195.00 28858 SANDRA F WERTS MILEAGE-SENIOR CENTER. 62.75 28859 WESTERN FEDERAL INC CITRUS TRUCK & VEHICLE WASHING DETERGENT-413.32 STREET MAINTENANCE. 28860 LOIS N WILDER SERVICE-MEMOIR WRITING INSTRUCTOR-SENIOR 90.00 CENTER/FEES PAID. 2792950 FEBRUARY 21, 1995 11. FEBRUARY 21, 1995 28861 WORDPERFECT MAGAZINES 28862 YOUNG AUDIENCES OF MINNESOTA 28863 ZEE MEDICAL SERVICE 28864 ZEP MANUFACTURING COMPANY 11000 NORWEST BANK 28415 VOID OUT CHECK 28484 VOID OUT CHECK 431260189 FEBRUARY 21, 1995 SUBSCRIPTION-EQUIPMENT MAINTENANCE. ENTERTAINMENT-HISTORICAL & CULTURAL COMMISSION. FIRST AID SUPPLIES-STREET MAINTENANCE/ PARK MAINTENANCE. CLEANING SUPPLIES-EQUIPMENT MAINTENANCE. BOND PAYMENTS. 12. VI 79.95 604.00 96.11 201.30 4312097.55 387.48- 89.54- 6853387.19 DATE: CITY COUNCIL AGENDA February 21, 1995 SECTION: Ordinances & Resolutions DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Admin--C. Dawson First Reading of Ordinance Amending Regulation City Atty. --R. Rosow of Retail Sale of Tobacco-Related Products vn.A. Requested Action: It is recommended that the City Council approve the fIrSt reading of the ordinance amending Sections 5.35 and 5.36 of the City Code, which relate to the retail sale of tobacco-related products. Back&round: On January 17, the Tobacco Ordinance Task Force presented its recommendation to amend Ordinance No. 21-94 (adopted June 14, 1994,) which established new regulations for the retail sale of tobacco- related products. The Task Force came to a consensus on only one amendment. It recommended that one type of self- service merchandiser for cartons of cigarettes be permitted. This "single-pull alarm dispensing system" is a display rack equipped with a clear shield that allows removal of a single carton of cigarettes and activates an alarm each time a carton is removed by the customer. The Task Force stated that the system should be close to a sales counter (the draft ordinance specifies within 10 feet,) and within the plain view of a responsible adult employee. The Council concurred with the recommendation and directed preparation of an ordinance to amend the Code accordingly. Counsel for the Minnesota Coalition of Responsible Retailers has reviewed the ordinance drafted by the City Attorney and concurred with its provisions. Supporting Documents: * Proposed Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. __ _ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY AMENDING SECTION 5.35, SUBDS. 2.C.AND D.; ADDING SUBDIVISION 2.E.; AMENDING SECTION 5.35, SUBD. 5.C. AND PROVIDING EXCEPTIONS THERETO AND PROVIDING PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending Section 5.36, Subd.2., A. B. C. C. "Single-Pull Alarm Dispensing System" means a self service merchandising system of display racks equipped with clear shields that allow the removal by an adult customer of a single carton of cigarettes and an audible alarm or chime which is activated each time a carton of cigarettes is removed from a display rack of the self service merchandising system. D. "Tobacco-related Products" means cigarette, cigars, cheroots, stogies, perique, granulated, plug-cut, crimp-cut, ready, rubbed and other smoking tobacco; snuff, snuff flowers, cavendish, plug and twist tobacco; fine cut and other chewing tobacco; shorts, refuse, scripts, clippings, cuttings, and sweepings of tobacco prepared in such a manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco- related devices, and butane lighters and fluids. E. "Vending Machine" means any mechanical, electric or electronic, self service devise which, upon inserting money, tokens or any other form of payment, dispenses tobacco products and including vending machines equipped with manual, electric or electronic locking devices. Section 2. The Eden Prairie City Code shall be amended by amending Section 5.35, Subd. 5.C., as follows: I A. No person shall sell or dispense any tobacco-related product through the use of vending machines or self-service merchandising, provided however this shall not prohibit the sale or dispensing of cigarette cartons through the use of a Single- Pull Alarm Dispensing System located within 10 feet of the sales counter and in the plain view of a responsible adult employee. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the __ day of , 1995, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the day of _________ ~ 1995. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the ___ day of ________ --', 1995. rfr\ep\tobacco\ord.amd 2 DATE: CITY COUNCIL AGENDA February 21, 1995 SECTION: Ordinances and Resolutions DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Admin--C. Jullie, C. Dawson Resolution Supporting Legislation for Revised Fire--S. Conrad, Benefit Plan in the Eden Prairie Fire Relief Assn. Vll.B G. Esbensen Requested Action: It is recommended that the Council adopt the Resolution supporting legislation for the revised benefit plan proposed by the Eden Prairie Fire Relief Association. A Council Resolution supporting the plan is needed for favorable action by the Legislative Commission on Pensions and Retirement. Backa:round: Sen. Roy Terwilliger sponsored legislation in 1993 proposed by the City and the Eden Prairie Fire Relief Association (EPFRA) to improve the retirement plan beyond what was authorized by existing State statute. At that time, the City Council adopted a Resolution stating its support of the proposal. The Legislative Commission on Pensions and Retirement did not approve the bill in the 1993 session. This proposed legislation was revised for the 1994 session, but failed again. The League of Minnesota Cities testified against the bill as its members' policy document opposed benefit improvements to defined benefit plans beyond the maximum allowed by state law. This position is believed necessary to contain pension plan costs across Minnesota. During 1994, several meetings were held with staff of the Legislative Commission, the LMC, and management staff of a number of other cities. It became apparent that a benefit improvement which did not increase the monthly maximum payment ($30 per month per year of service) would be supported. We also explored the possibility of establishing a defined contribution plan, and it became apparent that more work would be needed. Such an option could be pursued with special legislation in future legislative seSSIOns. Specific Improvements: Senators Terwilliger, Belanger, and Oliver have introduced S.F. 126 to effect fewer but still significant improvements for the EPFRA. * Full vestin~ at 10 years: Currently, a firefighter must serve 20 years to receive full vesting. The proposed plan would allow full vesting at 10 years. As an example of how the system would work, Current full benefit @ 20 years of service ($30/mo x 20 yrs. x 100% vesting) = $600/mo. Current partial benefit @ 10 years of service ($30/mo x 10 yrs x 50% vesting) = $ 150/mo. Proposed benefit @ 20 years of service ($30/mo x 20 yrs x 100% vesting) = $600/mo Proposed benefit @ 10 years of service ($30/mo x 10 yrs x 100% vesting) = $3OO/mo February 21, 1995 Agenda Item VII. B Resolution Supporting EPFRA Legislation Page 2 * Deferred Retiree Status: This provision would allow retirees who have served at least 15 years, but not yet begun to draw retirement benefits (starting at age 50), to receive any benefit improvements which may be implemented during that period of time before he/she starts to receive pension payments. Financial Implications: Compared to the plan which was proposed during the last two legislative sessions, the new proposal significantly reduces the City's projected contribution to the EPFRA. The following table compares the contribution between the two plans (assuming a 5% return on assets): Current Plan 1993-94 1995 Year Requirements Proposals Proposal 1995 $350,000 $ 490,000 $410,000 1996 370,000 600,000 430,000 1997 370,000 700,000 430,000 1998 380,000 790,000 440,000 1999 380,000 890,000 440,000 2000 430,000 1,080,000 490,000 2001 440,000 1,220,000 500,000 2002 450,000 1,340,000 500,000 2003 450,000 1,460,000 510,000 2004 460,000 1,620,000 520,000 Outlay $4,070,000 $10,190,000 $4,670,000 The latest proposal would require a $60,ooo/year increase over the current retirement plan which provides the maximum benefit allowed by State law. The 1995 Budget authorizes a City contribution of $535,000 to the EPFRA --the $490,000 amount in the 1993-94 plans supported by the EPFRA and the Council, plus $45,000 to fund past deficits in the plan. Any contributions to the plan beyond what is required would be used to reduce the unfunded liability in the plan, thus further reducing future obligations. Further discussion should address whether the Council wishes to keep future years' contributions constant with the 1995 outlay. Supporting Documents: * Proposed Resolution CITY OF EDEN PRAIRIE Hennepin County, Minnesota RESOLUTION NO. A RESOLUTION IN SUPPORT OF CHANGES IN THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BENEFITS AND REQUESTING THEIR APPROVAL BY THE MINNESOTA STATE LEGISLATURE WHEREAS, the City of Eden Prairie receives very effective fire prevention and suppression services from its volunteer Fire Department at much less cost to taxpayers than a full-time department of a size which would be required to provide comparable services; and WHEREAS, the Eden Prairie City Council desires to ensure the continuance of its volunteer system by supporting an enhancement of pension benefits provided by the Eden Prairie Fire Relief Association, NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie requests approval of legislation by the State of Minnesota to allow the following changes in pension benefits provided by the Eden Prairie Fire Relief Association: 1. Change the vesting schedule to allow full vesting at ten (10) years of service, and that this benefit be retroactive to all eligible participants. 2. Allow for deferred retirees with at least 15 years of service to be eligible for plan benefit increases. BE IT FURTHER RESOLVED that the City state its support for the principles in Senate File 126, authored by Senators Terwilliger, Belanger, and Oliver, which would provide the legal authority to implement the proposed changes in pension benefits which could be provided by the Eden Prairie Fire Relief Association. Adopted by the City Council on February 17, 1995 Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DATE: CITY COUNCIL AGENDA 2/15/95 SECTION: Ordinances and Resolutions • DEPARTMENT: ITEM DESCRIPI'ION: ITEM NO. Finance Section 5.31 Ordinance repealing sections 5.31, 5.32, and 5.38 of the City Code V I I. C. req ui res a license for pub lie shows, movi es, ca ra vans, c i rc uses, c,arnivals and like performances, with various exceptions specified. It also provides for special rules and regulations relating to drive-in theaters, including nunerous standards for maintenance of premises. ( Section 5.32 requires a license for any person to operate a public dancing place or hold a public dance. Section 5.38 requires a license for grocery stores, food establishments retailing prepackaged food and candy, and food vehicles for delivery. Sections 5.31 and 5.32 have fallen into disuse and have not been enforced. The revenue generated by Section 5.38 and the necessity. for a license do not justify the exerc i se i nvo I ved. ActioDIDirection: Approval and adoption of the ordinance repealing sections 5.31, 5:32 and 5 .. 38. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REPEALING CITY CODE SECTION 5.31 RELATING TO SHOWS, SECTION 5.32 RELATING TO DANCES, AND SECTION 5.38 RELATING TO FOOD ESTABLISHMENTS AND FOOD HANDLING; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 5.31 is repealed in its entirety. Section 2. City Code Section 5.32 is repealed in its entirety. Section 3. City Code Section 5.38 is repealed in its entirety. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. publication. This ordinance shall become effective from and after its passage and FIRS T 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 order published at a regular meeting of the City Council of said City on the __ day of , 1995. John Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the __ day of _______ --', 1995. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/21/95 SECTION: Petitions and Requests ITEM NO. VI/I. A. DEPARTMENT: Parks, ITEM DESCRIPTION: Request for Removal of Ice from Hazardous Recreation and Facilities Walkways at Round Lake Robert A. Lambert Attached is a memorandum dated February 2, 1995 from Stuart Fox, Manager of Parks and Natural Resources. This memo includes the background and recommendation for removal of snow and ice from sidewalks and trails. Also attached: • January 20, 1995 letter from Pamela Tyner to Robert A Lambert • January 20, 1995 letter from Pamela Tyner to City Council • 1990 Policy on Removal of Snow and Ice from Sidewalks and Trails • Unapproved Minutes -February 6, 1995 Parks, Recreation and Natural Resources Commission meeting Council/Bob 1 MEMORANDUM TO: Parks, Recreation and Natural Resources Commission THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities FROM: Stuart A. Fonnager of Parks and Natural Resources DATE: February 2, 1995 SUBJECT: Request for Removal of Ice from Hazardous Walkways at Round Lake BACKGROUND: The City staff received a letter from Pamela Tyner following several phone conversations that she had regarding the icy conditions she encountered on the Round Lake hike/bike path. Since the Parks Department is operating under a policy approved by the City Council on removal of snow and ice from sidewalks and trails, the staff felt that this item should be discussed with the commission to give continuity to future decisions regarding winter maintenance of trails and sidewalks. POLICY REVIEW: Attached is a copy of the policy approved in 1990 related to maintenance of trails and sidewalks. The City currently maintains approximately 90 miles of trails and sidewalks during the winter o. using the standards outlined on the attached policy. Item number four of the policy stites that chemical agents and sand should not be used in the snow removal process. The primary reason that this item is listed in the policy is because of the great amount of time and effort necessary to apply sand and salt to various trails and sidewalks throughout the City. Currently, the Parks Department does not have a piece of equipment capable of putting sand and salt on either the 5' or 8' trails and confine that material to the trail proper. In addition~ during spring cleanup there is a large amount of sand already being removed from major arterial streets where the sanding process of the street ends up onto the sidewalk and trails. This process requires over three weeks of work and considerable expenditure to make the trails safe for summer use. In addition, wherever sand and salt are used in high traffic areas there is browning or loss of grass due to the high salt content settling into the turf areas. Because of the adverse effect the staff feels that additional sanding and salting would only lead to additional costs, as well as additional turf damage. Most of the trail and sidewalk clearing under the policy is done to assist people either walking to and from school or along major arterial roadways. The third area is that we do maintain the loop trail systems around Staring Lake and Round Lake Parks. For the past eight years we have been able to maintain these trails with minimal difficulty despite a variety of winter freeze/thaw conditions and snow conditions. This past month in January with the rain storm that landed on with basically bare ground left a rather unique situation of glaze ice throughout the City, not only on trails and sidewalks but also on parking lots and roadways. ALTERNATIVES TO PERIODIC STORM MAINTENANCE: 1. The City could purchase a specific piece of equipment that would mount inside one of our trucks that could drop spread sand and salt on 8' wide trails such as Round Lake and Staring. The cost of this equipment would be approximately $4,000. This particular piece of equipment would be mounted at the beginning of the season and would have to stay on the truck for the entire winter. The advantages would be that we would have a piece of equipment that could easily be used to sand and salt trails in the event of an icing type storm. However, the disadvantage is that we use the trucks to plow snow from the rinks and any sand or salt would have to be thoroughly cleaned out prior to usage on rink maintenance. The other option would be to take one truck out of the general rink maintenance fleet and that would require the purchase of another truck to accommodate rink maintenance. The approximate cost for another truck would be $18,000 to $20,000 equipped with a plow and sized properly to accommodate the sand hopper. 2. The staff could load sand and salt in the back of one of the one ton dump trucks and spread it by hand in the areas that are most heavily used; namely, Staring Lake and Round Lake Parks. In addition, the staff would be able to concentrate sanding operation on hill areas only and not just generally sanding all the trail area. The advantage of this option is that there would be no additional cost for equipment; however, it would require some manual labor to make sure that the sand is placed in the property areas and the proper thickness. RECOMMENDATION: 1. The staff would recommend that the policy on snow and ice removal from sidewalks and trails be modified to incorporate the ability to use chemicals and sand on trails where public safety is paramount. 2. The staff would recommend that we try the manual sanding methods primarily confining the operation to Round Lake and Staring Lake because of the great amount of recreational walkers, as well as individuals going to and from the high school that use that trail system. 3. The staff will monitor complaints from citizens on other icy spots and evaluate the need to apply chemical agents or sand to assist with safe usage of the trail and sidewalk system. SAF:mdd sidewalk/Stu ~ , -'0 • I ":~_,,;, ,,!::,,~ ... ,,~l , '. January 20, 1995 Robert Lambert, Department of Parks & Recreation City of Eden Prairie 8800 Mitchell Rd. Eden Prairie, MN 55344 RE: Icy sidewalk hazards Dear Mr. Lambert, Thank you for the taking the time to talk to me today regarding the problems of de-icing the pedestrian paths around the city. I have enclosed the letter to the City Council that I told you I would be writing. I can see this is not a simple issue, but hope that some way can be found to treat at least the high ~ risk areas we talked about. Maybe an emergency classification system of paths 'can be created. I wanted you to know that the two men in your department that I left voice mail with earlier in the day did call me back later this afternoon and listened patiently. They were Wes Dunsmore and stu Fox. Thanks again for any assistance you can bring to bear on this issue. Sincerely, ~~ Pamela Tyner 18710 Partridge Circle Eden Prairie, MN 55346 975-0157 January 20, 1995 City Council of Eden Prairie 8800 Mitchell Rd. Eden Prairie, MN 55344 RE: Icy sidewalk hazards Dear City Council, I'm writing concerning the serious safety hazards to pedestrians in the wake of this week's ice storm. I take a daily walk around Round Lake, and today, venturing out for the first time since the storm, was very disappointed and disturbed When I realized no effort had been made to de-ice the glare ice conditions I found around JOOst of the lake. Of particular concern was the steep hill on either side of the pedestrian bridge over Valley View Road that leads to the High School. I nearly fell there, and in the short time I was along that path saw two high school students fall. In talking to Robert Lambert from the Department of Parks and Recreation, I was told that the city has neither the manpower nor equipment to handle icy paths, since it is rarely a problem except for a short time in the spring. In addition, the sidewalk system is too extensive to handle and the decision has been made that the city should not treat some of the paths if it cannot tackle them all. Otherwise, it presents an appearance of safety. I disagree. I think the fear of a theoretical increase in liability exposure is paralyzing the common sense need to address areas Where there is a high likelihood of actual injury. Surely, certain areas deserve special consideration. The path leading from the high school bridge is one of those, given its unusual hazards and because it constitutes the "official" passage for stUdents over busy Valley View. Other worthy targets are the waiting areas around bus stops and the curbs ides immediately adjacent to major intersections. Even major pedestrian routes like Valley View itself should be considered. Not all of the citizens in Eden Prairie have access to cars. If there is inadequate funding to handle these in an ice emergency, then I encourage the City Council to consider using or creating a contingency fund. These sidewalks in their condition will now present a serious safety hazard throughout the winter. And with the advent of snow, it will be a hidden hazard. I know that tax dollars are being asked to stretch farther and farther these days, but it seems to me that public safety should be the highest priority of government. . Please advise me of the meeting schedule for the Council when this issue may be raised. My phone number is: 975-0157. Thanks for listening. Sincerely, ~r cc: Dr. Jean Harris, Mayor Robert Lambert, Department of Parks and Recreation Arne Johnson, Principal Eden Prairie High School (0 ," o ( POLICY ON REMOVAL OF SNOW AND ICE FROM SIDEWALKS AND TRAILS January 31., 1.990 The City annually budgets a sum of money for winter maintenance of certain public trails and sidewalks. Taking into consideration the financial and personal resources available to the City, it is the policy of the city to remove snow and ice from the most frequently used trails and sidewalks in accordance with the standards set forth in this policy"; The designated trails and .• sidewalks to receive winter maintenance are depicted on the map that is attached to this policy. The following standards are adopted for providing winter maintenance to designated trails and sidewalks: 1.. 2. 3. The designated trails and sidewalks are normally plowed when the measured snowfall depth exceeds one inchw Snow removal should commence approximately 1.2 hours from the end of any snowfall with an accumulated depth exceeding one inch. The designatedotrailsand sidewalks should be cleared as follows: • Mode I trails within 24 hours Mode II trails within 48 hours Mode III trails as time permits The designated trails and sidewalks should be cleared as thoroughly as possible but need not be cleared of all ice and snow nor need they be maintained to bare pavement. 4 • Chemical agents and sand should not be used in the snow removal process. 5. Snow removal should normally be done by park maintenance employees. 6. Snow removal may be conducted on a 24-hour basis, which may result in snow removal equipment being operated in residential areas during the evening and early morning hours. 7. In the event of equipment failure,. extreme snowfall, or other unanticipated events, such as park maintenance employees assisting street employees in snow removal from streets, deviation from these standards may be appropriate. snow/ice Unapproved Minutes - February 6, 1995 Parks, Recreation and Natural Resources commission that land, even after the City owns it. Lynch spoke on behalf of herself, other members, and staff, that they want to protect that property as best they can. C. Request for City to Accept Land Donation for Conservation PuIposes Staff referred the Commission to a memo dated January 30, 1995, from Bob Lambert, Director of Parks, Recreation and Facilities. Lambert stated that there is a letter from six individual property owners in southeast Eden Prairie who are proposing to acquire Lot 2 of the Bluffs West 8th Addition in order to donate it to the City of Eden Prairie for conservation purposes. This is a heavily wooded lot surrounded by single family homes. The surrounding property owners have enjoyed wildlife that utilizes this area and would like to keep it in its natural condition. They want to dedicate the land to the City under the condition that there would be a conservation easement placed on the property. If the City ever wished to develop the property, the property would revert to the property owners who have donated it to the City. This lot is one of the "flat lots" that the City has authorized to be developed in this community. He noted that these property owners are "putting their money where their mouth is." Staff recommends approving this request to agree to accept the donation of that parcel of land with the conservation easement requirement. Lynch asked what a "flag lot" is. Lambert replied that it's a piece of property that looks like a flag. Hilgeman gave a description of what this lot looks like from her own observations of viewing it, and noted that she supports this idea. MOTION: Hilgeman moved to accept the land donation for conservation purposes as per the memorandum of January 30, 1995. Kube-Harderwijk seconded the motion and it passed 7-0-0. D. Letter from Pamela Tyner Re: Request to Sand Trails The Commission was referred to a memo dated, February 2, 1995 from Stuart A. Fox, Manager of Parks and Natural Resources; letter dated January 20, 1995 from Pam Tyner. Fox reviewed the policy approved in 1990 by City Council which charges the Parks Department with the maintaining of trails and sidewalks in the winter time. Currently they maintain about 90 miles out of the 140 miles of trails and sidewalks. Concern was brought to the City's attention as a result of the last storm in January causing extreme difficulty in walking on various places on the trail. The highlighted area is where the trail started around the lake. He reviewed Staff's recommendations per the memorandum. Pam Tyner, 18710 Partridge Circle, expressed concern about the serious safety hazards to pedestrians as a result of January's ice storm. Of particular concern was the steep hill on either side of the pedestrian bridge over Valley View Road that leads to the high school. She noted that she witnessed two high school students fall specifically on the hill area next to the pedestrian bridge. Her concern is not a cost concern, but a liability concern, and that the whole issue of liability was paralyzing the parks system. Lambert noted that in 1990 the issue about the appearance of an invitation to the trails systems, sanding a portion of the trail and not all the trail, was raised. If the City sands a portion of the trail it gives people the appearance that it's safe, and it says the City is inviting them to use the trail. If they don't do anything to the trails, people just know certain times of the year to stay off the trail. The January ice storm is a very unique situation. It is not possible to sand 90 miles of trail by hand. Tyner asked who is responsible for maintaining around bus stops and major intersections. Lambert replied the Parks Department and the Public Works Department. The have walking routes for kids going to school which are plowed first. It is not the school district's responsibility but the City's responsibility. Hilgeman stated that she shares Ms. Tyner's concerns, but does not see how it would be possible to sand and salt all of the trails. Fox noted that this large amount of sanding and salting would greatly increase the City's cost for seal coating of the trails, and the staff have a concern about the negative environmental effects of salting trails around our lakes and marshes. Koenig asked if there has been much history of previous complaints regarding icing conditions on the trails. Lambert replied that there has not been. He noted that a few years ago regarding Staring Lake Park, a few people called and asked if the City would be sanding the trails on the hills. Staff said no, and the people just stayed off of them. He said that Ms. Tyner is the only person that called and expressed this concern regarding the January ice storm; however, staff is aware of several people who shipped and fell in our parking lots at City Center and the Community Center. Koenig noted that she shares the concerns for the kids using the trails excessively, but does not feel there is a need for the sanding and salting in the parks at this point. Mustanski asked if the City removed the snow around the trails. Lambert replied that the City does remove the snow. Mustanski suggested not removing the snow because there will be ice underneath it anyway. Lambert replied that you must remove the snow because it will make it easier for the ice to melt. Most of the trails are asphalt and when there is a sunny day you get a dry trail. Kracum recommended consulting with the City Attorney about these issues because it can be very dangerous. Brown expressed concern about the kinds of chemicals that are used in the parks as it relates to the impact to the runoff. Fox explained the different kinds of chemicals used and the impact of them in the parks. Brown noted that he uses the trail around the lake also, and is very careful when there are dangerous situations and just avoids the trail during those times. MOTION: Bowman moved to accept Staff's recommendations to solve hazardous walkway problems around the lake and other trails. Brown seconded the motion and it passed 6-1-0. Hilgeman asked if recommendation #3 means that the Commission is giving latitude to Staff to make the final decision of using chemical agents or sand, or is it brought back to the Commission to decide. Bowman suggested that the Commission leave it to the Staff to decide because they are sensitive to these issues. Fox noted that Staff needs the latitude to get the legal issues regarding liability worked out. V. DEVEWPMENT PROPOSALS A. Pioneer Rige 2nd Addition Staff was referred to a memo dated February 1, 1995, from Stuart A. Fox, Manager of Parks and Natural Resources, staff report dated January 6, 1995, from Michael D. Franzen, Senior Planner. Fox stated that this property is currently owned by Ron Helmer of R.H. Development and is 12.13 acres in size, at the corner of Eden Prairie Road and Pioneer. This site was the former pumpkin patch. There are no significant trees on the site as defined by ordinance. There is extensive landscaping that is being proposed by the proponent. The primary reason for screening is because the backyards would be backing up to both county DATE: CITY COUNCIL AGENDA February 21, 1995 SECTION: Appointments DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Human Resources & Appointment of Council members to South Community Services--Hennepin Regional Planning Agency (SHeRPA) X.K&L N. Swaggert and Community Needs and Resources Council (CNRC) Requested Action: It is recommended that the Council appoint (Item K) One Councilmember to the South Hennepin Regional Planning Agency (SHeRPA) for a two-year term beginning February 1, 1995; and (Item L) Backa=round: One Councilmember to the Community Needs and Resources Council (CNRC) for a two-year term beginning March 1, 1995. These two organizations' by-laws require one Council member to serve. SHeRPA meets five to six times per year, generally on a Thursday evening from 7:00 -9:30 p.m. The Agency also has one Saturday planning retreat during the year. Marty Jessen last represented the City Council on the Agency. The by-laws also require that two members from the City's advisory boards and commissions serve on the Agency. Bette Anderson and Peg DuBord, members of the Human Rights & Services Commission, have served; their terms expired on January 31, 1995. As the Council is considering restructuring its advisory bodies for this area, it would be prudent to delay appointment of the two resident representatives until any changes have been made. CNRC meets monthly on the second Thursday from 11:00 a.m. to 1:00 p.m. Doug Tenpas last represented the City on this Council. Supporting Information: Information on each organization is attached. C! 0> to , 0> 3 SOUTH HENNEPIN REGIONAL PLANNING OFFICE _ .s ... £AiAII S .".JC = &&& *--z':' BLO OllfING TON EDEN PRAIRIE EDINA RICIIFIEIJ) I I loCBl ~dvisor Gr~ (s) Liaison local Advisory Group (s) Hunan Service liaison ocal Advisory roup (5) Hunan Servi ce liaison I I I I ____ L ___________ ~ L----T--------L-------- r----L --, I Hunan Servi ce I I liaison conmittee . I (non-voting) L _______ J STAFF I p,ssodate FLa":..,;>] REGIONAL CITIZEN ADVISORY BOARD * Two representatives from local Advisory Groups from each cit * One city council representative from each city * Human Services liaisons / " ~ ~ Resource Pool local ~dv. Group (s) 1 1.12) "Local Advisory Group" means the Commissions, committees or other 2 organizations which advise individual Cities on issues relating to human services. 3 ARTICLE n. 4 Membership and Composition 5 2.1) Voting members of the Commission shall consist of three representatives of each 6 participating City appointed by that City's Council, consisting of two 7 representatives from local advisory groups and a City council member. (JPA V.2) 8 2.2) Non-voting (advisory-only) Commission members include one human services staff 9 10 11 12 13 14 15 16 17 18 19 20 2.3) person (the City Liaison) from each participating City as designated by the City Manager. (JPA V.2) The Commission shall annually notify the Cities of the names and occupations of each of its members and make recommendations as to representation needs based on the following criteria: (JPA V.4) a.) Representation from the racial, ethnic, and culrural backgrounds of residents of the South Hennepin area. b.) Representation from health professionals, administrative officials, senior citizens, young adults of voting age, law enforcement personnel, members of the clergy, representatives of business and labor, persons with a disability, and others with special concerns related to human service activities. 21 2.4) Insurance (JPA VlI,ll). 22 23 Appointment and Duration of Term 24 2.5) ~ts of voting members ·byOty Councils shall be. made UlJaD~,Dft 25 .,..ycaraod are encouraged to be 0IlIde within 30 days of the ()QCurreJl<;C ofA;f 26 vacancy.~JPA V.2) 3 1 2.6) Appointments of voting members~,_f.at,ennQf two y-.o c~- 2 PeWuary 1. oiWttil their successor isnamcd. (JPA V.2) 3 2.7) Voqpg Commission members sIlall ~;oClmore·t:han threeQ»lSeCUuve .... 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2.8) 2.9) 2.10) 3.1) 3.2) The tenn of the Commission member removed from the Commission by the appointing city council shall terminate immediately upon such action by the Council. (JPA, V.2 and V.4) Each City council shall adjust tenns upon initial appointments and upon subsequent appointments from time to time, as necess~, so that tenns shall be staggered to the extent possible. (JPA V.2) Commission members who choose to resign shall tender letters of resignation to their City council with a copy to the Senior Planner. In the event any Commission member has three consecutive unexcused absences, the City Council that appointed him/her will be notified. ARTICLE llL Meetings The Commission shall hold its organizational meeting in February of each year, and meet at least quarterly thereafter. A schedule of regular meetings shall be approved at the organizational meeting. (JP A V.5) The Commission will meet at least once annually with the Board of Directors. 20 3.3) Additional meetings of the Commission may be scheduled as necessary. Meetings 21 22 9(JA192 may be called by the Commission chair, or two members of the executive committee, or by petition of three or more members of the Commission. 4 PURPOSE AND FUNCTION The South Hennepin Regional Planning Office provides planning and coordination in the area of human services for the four cities of South Hennepin County (Bloomington, Richfield, Eden Prairie and Edina). The Regional Planning Agency has three primary objectives: 1. To assist each city to understand its unique needs, develop strategies to address these needs and, when appropriate, form a partnership with one or more other cities in developing these strategies; 2. To create a two tiered (municipal and regional) collaborative structure in which the various sectors (both public and private) of the communities are represented and form an integral part of the development of strategies to address human service needs. 3. To enhance the participation of residents and providers in the planning and development of human services. The Regional Planning Office serves the following functions: 1. Conduct surveys and other forms of research to assess human service needs in the region and the degree to which services presently meet needs. 2. Conduct research to assess trends in human services and social policy issues. 3. Maintain computerized systems of data to monitor trends in the needs and delivery of human service. 4. Coordinate with the public and private sectors in the South Hennepin communities to address human service needs. 5. Facilitate citizen input and participation in the planning of human services. 6. Provide planning services for the region on issues determined as priorities among two or more cities. The Planning Office may provide planning services for individual cities on local issues depending on the need and the availability of time. 7. Serve as primary link to local, regional and national agencies and information sources. South Hennepin Regional Planning Office: Organizational Plan, May 1991 (Reprinted 11122/94) 1 REGIONAL CITIZEN ADVISORY BOARD The Regional Citizen Advisory Board consists of two representatives from the Local Human Service Advisory Groups, one city council representative and the human service liaison from each city as designated by the city manager. Each representative serves a two year term and may serve no more than three terms. The Board meets a minimum vf four times a year on a quarterly basis. Functions and responsibilities of the Regional Citizen Advisory Board • Serve as the main communication link between the Local Advisory Groups and the Regional Planning Office. • Advise on regional planning issues. • Advise on the development and implementation of a citizen participation process. • Review and make recommendations on the annual work plan and budget. • Monitor and advise on regional work plan. • Serve on subcommittees as needed to work on specific issues and identify additional members from the community, providers and other organizations to serve on the subcommittees. South Hennepm Regional Planning Office: Organizational Plan, May 1991 (Reprinted 11122194) 9 LOCAL HUMAN SERVICE ADVISORY GROUPS Each of the four cities has one or more commissions/committees which advise the City Councils on issues relating to human services. These commissions/committees serve as the Local Human Service Advisory Groups, advising city council, working with city staff on human service issues and representing the cities on the Regional Citizen Advisory Board. Reflecting diversity among the four cities, the Local Advisory Groups vary in composition. The objective of this component of the organizational plan is to utilize the existing infrastructure of the human service network in each city. Functions and responsibilities of the Local Advisory Groups • Work with the Human Service Liaisons on local planning issues and work plans. • Serve as community resources to the Regional Office planning staff. • Represent individual cities on the Regional Citizen Advisory Board. • Form subcommittees to work on specific issues, bringing additional members from the community into the planning process. • Serve as liaison to City Councils. South Hennepin Regional Planning Office: Organizatiunal Plan, May 1991 (Reprinted 11122/94) 8 ROLE OF CITY COUNCILS • Appoint, approve or develop process for citizen representation on the Regional Citizen Advisory Board. • Appoint one City C""uncil member to the Regional Citizen Advisory Board. • Review and approve recommendations from the Local Human Service Advisory Group. • Appoint City Council liaison to the Local AdviSOry Group where appropriate. • Review and approve annual work plan and budget. • Ensure the development of a local planning proc!;ss to identify needs and make recommendations for regional projects. • Participate in local periodic progress meetings involving the Regional Citizen Advisory Board representatives, the Human Service Liaison, the City Manager and the City Council. South Hennepin Regional Planning Office: Organizational Plan, May 1991 (Reprinted 11122/94) 6 ....... ~~ UNITED WAY / / / / / / Planning $ CITY CITY COUNCIL / 1\ / / / I I \ I \ 'CI:118\ \ Blc,v,j B oplive Re~r.olion CHURCHES , HUMAN SERVICES MODEL / / / / / / / / ;I ---I' {begrning ;X{';HU"", r ~ $ PROP C'tJ~pt'o~/7"Y A/ee:z;s ::-~~au~2 District #287 Local Pvt. Schools Minnetonka S.D. #276 Hopkins S.D. #270 Edina r -"" . .. .. Uq"'7UA/~ A/eE<JS// ~t/e~ CouvoL MISSION STATEMENT To create an environment in which: All Eden Prairie residents, adults and children, will be aware of, and utilize, appropriate, competent, and affordable services for personal and family needs. All providers of service, and supporters will work together in a coordinated, cooperative manner to ensure quality. client services and efficient use of human and material resources. GOALS OF THE HUMAN SERVICES MODEL 1. Needs Assessment To provide for generic and problem specific assessment of target populations on a regular basis in order to provide for prevention, early- intervention strategies, services and education for at risk groups to decrease later need for remedial services. 2. Coordination To coordinate and facilitiate the exchange of information, referrals and feedback while respecting client confidentiality, among all participants in the human services system. 3. Information and Referral To collect, organize and disseminate information to clients, providers, volunteers and funders from a centralized point and to regularly communicate to the general public information about problems and resources available to solve them. 4. Outreach To effectively contact and build trust with all clients, including hard-to-serve, alienated, and frustrated citizens, in order to increase service utilization. 5. Funding To maximize both the financial resources of the community and the external funding available to stabilize funding over time and minimize the role of the City as a direct funder of services. 6. Eva luat ion To evaluate appropriateness and cost-effectiveness of services on a yearly basis. 7. Volunteers To further the quantity and quality of volunteerism and to create an attitude of public respect and appreciation for those who give of themselves. Item X. M. MEMORANDUM To: Mayor and Councilmembers Through: Carl J. J ullie, City Manager Stuart F~ger of Parks and Natural Resources From: Date: February 17, 1995 SUbject: Formation of a committee to evaluate the Tree Preservation Ordinance At the February 7, 1995 Council meeting the Council approved a plan to form a committee that would evaluate and make recommendations of possible revisions to the Tree Preservation Ordinance. The committee would be made up of the follow representatives: 2-City Councilmembers: Ron Case and Nancy Tyra-Lukens 2-Parks, Recreation & Natural Resources Commissioners: Claire Hilgeman and Vicki Koenig 2-Planning Commissioners: Katherine Kardell, Randy Foote, (Doug Sandstad and Ed Schlampp as a possible alternates) 1-Parks, Recreation & Facilities Department staff: Stuart Fox 1-Community & Economic Development Department staff: Mike Franzen To fill the final four positions on this committee, the staff solicited names from commission and council members. The Staff contacted the following individuals to see if they are willing to serve on this committee. All have indicated a willingness to serve on this type of committee. * Major property owner/citizen-Brett Hope * Major developer/builder/citizen-Tom Boyce and/or Dan Blake * Commercial-residential developer/citizen/landowner-Beth Simenstad and/or Wally Hustad * Environmentalist/citizen-Scott Wallace and Bob Hallett Ed Schuck was mentioned as an individual to serve in this category, but the staff was unable to contact him to check his availability. The staff recommends that the Council select one name from each of the categories where there are multi-names shown and upon appointment the Staff Liaison (Stuart Fox) will setup the first meeting of this committee in early March. treecmt-stu EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/16/95 SECTION: Director of Assessing -Board of Review ITEM NO. X.N. . DEPARTMENT: ITEM DESCRIPTION: Appointment of Special Board of Review and Assessing Setting of 1995 Meeting Date as Thursday, Apri120, 1995 at 7:30 P.M. Steven R. Sinell RECOMMEND: The Mayor and City Council set Thursday, April 20, 1995 at 7:30 P.M. as the 1995 Board of Review Meeting Date and appoint Mike Best, Gary Johnson, Annette O'Connor, Phil Olson, and Dick Sager to the Special Board of Review. BACKGROUND INFORMATION: BOARD OF REVIEW MEETING DATE: By statute, the Board of Review must meet between April 1 and May 31 each year. The Board has 20 calendar days to complete their business. As a practical matter, we also need to be sure a meeting room is available. The dates the council chambers are available for the Special Board of Review to meet are Thursday, April 20 for the initial meeting and twenty days later on Tuesday, May 9 to reconvene the meeting. APPOINTMENT OF SPECIAL BOARD OF REVIEW: In 1992, 1993 and 1994 the Mayor and Council appointed a Special Board of Review. The members were citizen volunteers that were active and knowledgeable in the real estate market. The City paid the members a per diem payment of $50 for each meeting attended. The Board of Review meetings were successful last year and four of the five members from 1994 are willing to serve on the Special Board of Review again this year. The four members willing to serve again in 1995 are: Phil Olson of Burnet Realty. He is involved in the sale of single family properties in the southwest metro area. Gary Johnson of Calhoun Commercial. He is involved in investment real estate in the twin cities. Dick Sager of REMAX Results. He is involved in the sale of single family properties in the southwest metro area. Mike Best of REMAX Results. He is involved in the sale of single family properties in the southwest metro area. The new member recruited by the City Manager and Director of Assessing is Annette O'Connor of Burnet Realty. She is involved in the sale of single family properties in the southwest metro area. memo\bor95 02/16/95 10:26 "B612 937 6910 RATION February 16, 1995 Mr. Chris Enger City of Eden Prairie 8080 Mitchell road Eden Prairie, MN 55344-2230 Dear Chris: MIDWEST ASPHALT ~ 002/002 x:r. .. G, \. P.O. BOX 5477 • HOPKINS, MINNESOTA. 55343 PHONE: (612) 937-8033 • FAX: (612) 937-6910 As we discussed at our meeting on February 1 ~ I am unable to appear at the City Council meetings scheduled for February 21 st or March 7th. I will be out of the office from February 17 to March 1. On March 7 and 8, I have surgery scheduled. Assuming no complications, I am told that I can most likely return to work during the week of March 20th. I therefore respectfully request that Midwest AsphaJt's pending pennit application be scheduled for the council agenda no sooner than March 21, 1995. In the interim, we will respond to the issues raised at our recent meeting. I suggest that we meet again on March 3 or 6, at which time we will present our response. Please call me if you have any questions. Very Truly Yours, ~~ Blaine M. Johnson, P.E. President _II:,MaI!!:. NIPA =e= • ..,... __ WIlMoT ........ WT ... ...,IAn ... I) ~i(>- An 8:>'" O"""rtunlly ~"'P"'1"