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Home My WebLink AboutCity Council - 05/09/1995AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 9, 1995 COUNCHMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Councll Chamber 8080 Mitchell Road Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorf"UULWn, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and COUDcll Recorder PROCLAMATION FOR SENIOR AW ARENFSS WEEK, MAY 15 -MAY 21, 1995 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ll. OPEN PODIUM A. PRESENTATION ON THE ABC (A BETI'ER CHANCEl PROGRAM m. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, APRIL 18, 1995 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ARBOR DAY PROCLAMATION C. BIRDIE'S SPORTS PARK 2nd Reading of an Ordinance for Zoning District Change from Rural to Commercial Regional Service on 2.2 acres, Adoption of a Resolution Approving Site Plan Review on 2.2 acres for Parvest, Inc. and Approval of a Developer's Agreement for Birdie's Sport Park. Location: Lot 1, Block 1, Fountain Place Apartments. (Ordinance for Zoning District Change and Resolution for Site Plan Review) City CooncR Agenda Tuesday, May 9, 1995 Page Two D. PRAIRIE CYCLE AND SKI. INC. 2nd Reading of an Ordinance for PUD District Amendment on 15.02 acres, PUD District Review on 1.07 acres, and Zoning District Amendment in the N-Com Zoning District on 1.07 acres, Adoption of a Resolution for Site Plan Review on 1.07 acres for Chanhassen Bike & Ski, Inc. and Approval of a Developer's Agreement for Prairie Cycle and Ski, Inc. Location: Anderson Lakes Center. (Ordinance for PUD District Amendment, PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) E. APPROVAL OF AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT FOR THE SOUTHWEST SUBURBAN CABLE COMMISSION F. AUTHORIZE AGREEMENT FOR PROFESSIONAL SERVICES FOR COMMUNITY SURVEY G. CONVEYANCE OF PARCEL SOUTH END OF WALLACE ROAD TO STATE OF MINNESOTA (Resolution) H. RESOLUTION APPROVING FINAL PLAT OF SHORES OF MITCHELL LAKE 3RD ADDmON flocated south of TB 5 and west of Dell Road) I. RESOLUTION APPROVING FINAL PLAT OF THE SANCTUARY 2ND ADDmON flocated in the Hartford PUD) J. RESOLUTIONS APPROVING FINAL PLAT OF BOULDER RIDGE OF EDEN PRAIRIE AND BOULDER RIDGE OF EDEN PRAIRIE 2ND ADDmON (both located west of Mitchell road and north of Twin Lakes Crossin:) K. RESOLUTION RECEIVING PETmON AND ORDERING FEASmILITY REPORT FOR SANITARY SEWER AT 14223 CUMBERLAND ROAD AND 8705 MITCHELL ROAD L. APPROVE CHANGE ORDER NO. 1 FOR RILEY LAKE PARK M. APPROVAL OF AMENDED AND RESTATED BYLAWS OF THE EDEN PRAIRIE FOUNDATION N. BOULDER RIDGE. 2nd Reading of an Ordinance for PUD District review on 27.1 acres, Zoning District Change from Rural to Rl-13.5 on 11.40 acres, and Rezoning from Rural to RM-6.5 on 3.8 acres and Approval of a Developer's Agreement for Boulder Ridge (Ordinance for PUD District Review and Zoning District Change from Rural to Rl-13.S and Rezoning from Rural to RM-6.5) O. RESOLUTION APPROVING PLANS AND SPECIAL PROVISIONS FOR TECBNOWGY DRIVE FROM PURGATORY CREEK TO PRAIRIE CENTER DRIVE, I.C. 95-5306 City Council Agenda Tuesday, May 9, 1995 Page Three P. RW!OLUTION APPROVING COOPERATIVE AGREEMENT WITH MnOOT FOR TECHNOWGY DRIVE FROM PURGATORY CREEK TO PRAIRIE CENTER DRIVE, I.C. 95-5306 Q. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR KIMBERLY LANE SANITARY SEWER RECONSTRUCTION, I.C. 95- 5373 R. 1ST READING OF AN ORDINANCE AMENDING CITY CODE CIIAYfER 2 BY AMENDING SECTION 2.32, RELATING TO THE ISSUANCE OF CITATIONS, AND ADOPTING BY REFERENCE CITY CODE CIIAYfER 1 AND SECTION 2.99 S. AUTHORIZING ISSUANCE OF BONDS AND TERMS OF SALE OF $1,685,000 G.O. BUILDING REFUDNING BONDS, SERIES 1995A (Resolution -set sale for May 23, 1995) T. AUTHORIZING ISSUANCE OF BONDS AND TERMS OF SALE OF $3,275,000 G.O. IMPROVEMENT REFUNDING BONDS, SERIES 19958 (Resolution -set sale for May 23, 1995) V. PUBLIC HEARINGSIMEETINGS A. SUNNYBROOK ROAD STREET & UTILITY IMPROVEMENTS, I.C. 94-5363 (Resolution) Continued from April 18, 1995 B. WALNUT RIDGE by Residential Development, Inc. Request for PUD Concept Review on 33.39 acres, PUn District Review on 33.39 acres, Zoning District Change from Rural to RI-13.5 acres on 13.21 acres and Preliminary Plat of 33.39 acres into 22 lots and 2 outlots. Location: Riverview Road and Homeward Hills Road. (Resolution for PUn Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution for Preliminary Plat) C. EDEN PRAIRIE COMMUNITY LmRARY by Hennepin County. Request for Site Plan Review within the Public Zoning District on 2.5 acres for the construction of a 5,135 square foot library expansion. Location: 479 Prairie Center Drive. (Resolution for Site Plan Review) D. SAMPSON OFFICE STUDIO by R. M. Sampson, Inc. Request for PUD District Amendment on 20.15 acres, PUD District Review on 4.519 acres, Comprehensive Guide Plan Change from Office to Industrial on 4.519 acres, Zoning District Change from Rural to 1-2 on 4.519 acres, Preliminary Plat of 12.478 acres into 1 lot and 1 outlot, and Site Plan Review on 4.519 acres for the development of a 5,200 square foot office/warehouse building. Location: Equitable Drive and Valley View Road. (Ordinance for PUD District Amendment, PUD District Review, and Zoning District Change, Resolution for Comprehensive Guide Plan Change and Resolution for Preliminary Plat) City Counell Agenda Tuesday, May 9, 1995 Page Four E. HIRSCHLER ADDITION by Ned Hirschler. Request for Zoning District Amendment within the RI-13.5 Zoning District and Preliminary Plat of 1 acre into one lot. Location: North terminus of Canterbury Lane. (Ordinance for Zoning District Amendment within the RI-13.S Zoning District and Resolution for Preliminary Plat) F. VACATION 95-03, VACATION OF RIGHT-OF-WAY AND EASEMENTS IN EDEN SCHOOL ADDITION (Resolution) VI. PAYMENT OF CLAIMS VU. ORDINANCES AND RESOLUTIONS vm. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMI1*rEFS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCll..MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Hockey Association Request to Replace Hockey Board System in Rink 1 at the Eden Prairie Community Center D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVEWPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Resolution Awardin& Contract for Construction of Golden Rige Drive Improvements, I.C. 94-S360 F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS xm. ADJOURNMENT PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City --families, businesses, and government; and WHEREAS, every segment of our society is influenced by the needs, resources and expertise of our older citizens; and WHEREAS, our Eden Prairie seniors playa pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS, the community wishes to celebrate and acknowledge the contributions and accomplishments of the older adults in our community and recognize the organizations that serve older adults; NOW, THEREFORE, I, Jean L. Harris, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 15 through May 21, 1995 to be "SENIOR AWARENESS WEEK" In the City of Eden Prairie, Minnesota ADOPTED by the Eden Prairie City Council on this 9th day of May, 1995. IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie. Jean L. Harris, Mayor on behalf of Council members: Ron Case Patricia Pidcock Ross Thorfinnson, Jr. Nancy Tyra-Lukens APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 18, 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, Ross Thorf"mnson, Jr. and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added items XI.B.1. Workshop Schedule Chana=e, XI.D. 1. Update Report, and XI.E. 4. Resolution 95-76 Approvina= Plans and Specifications and Awardina= Bids for First Phase of Sidewalk and Landscape Improvements in the Major Center Area. I.C. 95-5385 (Resolution 95-76>. Harris added item XI.A.l. Request Staff to Present Effect of Proposed Property Tax Freeze. Tyra-Lukens added item XI.A.2. Edenvale PUD Sia=ns. Thorfinnson added item XI.B.3. Follow-up on Reverse Commute .Job Fair. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Agenda as presented and amended. Motion carried unanimously. II. OPEN PODIUM Bob Krocak, 7216 Sunshine Drive, and Gary Diamond, 7215 Sunshine Drive, expressed the concerns of several residents present about the property at Sunshine Drive, Edenvale Blvd. and Woodland Drive. The property is in tax forfeiture and will be auctioned on May 5th. The residents of the neighborhood asked the Council for help and advice on how to keep the property in its undeveloped state. City Council Minutes Tuesday, April 18, 1995 Page Two Jullie said the parcel did come through the Parks Commission and Council review process last fall after it appeared on the list of tax forfeit parcels provided by the County. Because there is about $82,000 in special assessments due on the property, the Parks Commission recommended that we authorize it for public sale. There would be only a limited potential for anyone to develop the parcel because the majority of it is wetlands, and any development would have to come through the City's review process. At the request of Pidcock, Dietz reviewed the process that a buyer of the parcel would have to go through to develop the land. Krocak asked if financial assistance would be available from the City to help the residents purchase the property. Jullie said they could look at what pools might be available. The Council consensus was to have representatives of the group meet with Staff to explore the options available. m.MINUTES A. CITY COUNCIL MEETING HELD TUESDAY. APRIL 4. 1995 Harris said the second paragraph on page 7 should be clarified as follows: Harris said she sees two issues: The placement is not in compliance with current City Code; and the question whether this is a convenience to citizens since some of the benches are not located at bus stops. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve as published and amended the minutes of the City Council meeting held Tuesday, April 4, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LOOSEN ADDITION 2nd Reading of Ordinance 15-95 for Zoning District Change from Rural to RI-13.5 and Approval of a Developer's Agreement for Loosen Addition by Michael and Patricia Loosen. Location: City West Parkway and Old Shady Oak Road. (Ordinance 15-95 for Zoning District Change) C. REOUEST FOR APPROV AL TO CHARGE VENDORS FEE FOR 4TH OF JULY CELEBRATION City Council Minutes Tuesday, April 18, 1995 Page Three D. AWARD BIDS FOR SITE FURNISHINGS AT MILLER PARK E. AWARD BIDS FOR BLEACHERS AT MILLER PARK F. RESOLUTION 95-68 APPROVING SALE OF LAND PURCHASED THROUGH THE RIGHT-OF-WAY ACQUISITION LOAN FUND TO MnDOT (parcel formerly owned by Ray Welter, S.W. corner of Technology Drive and Prairie Center Drive -Transit Hub site) Case requested that Item C be removed from the Consent Calendar and discussed as Item XI.C.1. MOTION: Thorfinnson moved, seconded by Case, to approve items A, B, and D-F on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SUNNYBROOK ROAD STREET & UTILITY IMPROVEMENTS. I.C. 94- 5363 (Resolution) Dietz said the purpose of tonight's meeting is to decide whether the proposed installation of utility and street improvements for Sunnybrook Road should go forward. If the project is approved, the assessment hearing would most likely occur in October or November of this year. He said that, since the project was begun by motion of the City Council, it will require 4 of the 5 Council votes to proceed. Gray reviewed the details of the project, noting that the street improvements would connect . Sunnybrook to Creekknoll Road. He reviewed the unit assessments proposed to pay the estimated project cost of $330,016. He said only the street assessment would be levied in the first year. Tyra-Lukens questioned what the effect of postponing the sidewalk would have on the assessed costs and who would pay at the time the sidewalk is put in. Gray said it would most likely be borne by the properties on the north side of the street and would cost about $200 per unit. Dick Johnson, 12640 Sunnybrook Road, questioned why the Council passed the motion to do the improvements, expressed concern about the use of Sunnybrook as a by-pass for Hwy. 169, and commented that the sidewalk will not be a benefit unless it is kept usable all year round. Jullie replied that, because of prior development proposals and continued interest in the purchase and development of the remaining parcels, Staff recommended that the improvements be completed as a unit as we don't allow development without the proper infrastructure. City Council Minutes Tuesday, Apri118, 1995 Page Four Bob Wallace, 12465 Sunnybrook Road, expressed concern about the increased costs the existing property owners will incur as property taxes increase, hook-up charges are incurred, and utility taxes are imposed. He said he thought the project should be given more thought. Libby Hargrove, 12640 Sunnybrook Road, noted that her valuation for this year went up over 300% and that the assessor said her property is a "gold mine." She said her property cannot be developed and there are no utilities there at this time. She also expressed concern about the location of the sidewalk near her house, storm water draining from the west onto her lot, and the method of calculating the unit assessments. She said she thought the improvements should be done piecemeal. Tyra-Lukens questioned whether the sidewalk would have to be put in since there are other areas that do not have sidewalks.. Dietz said there is no code requirement; however, we have determined that it is good practice to put them on roads with some length to them in order to provide a separated walking space for pedestrians. Tyra-Lukens then questioned the location of the development that could occur from Long Meadow, and the possible effect of such development on the assessments for Sunnybrook Road residents. Gray said the two easterly properties are the ones that could develop off the Long Meadow development. Brian Post, 12381 Sunnybrook Road, said they would not need the whole project in order to complete the development of their property and offered to work on the street improvements with the developers of the properties on the north. Thorfinnson asked if it is feasible for Mr. Post to develop his property since the project was approved for only five lots, not the seven originally requested. Post said they are now looking at townhomes for the property. Bill Knoblau, who has a purchase agreement on the two properties to the north, said that he would get together with Mr. Post and work something out to develop part of the street. Gerard Wersal, 12645 Sunnybrook Road, expressed concern about the storm sewer interceptor going through his property and about comments made tonight about reassigning per unit assessments after the project has gone ahead. He said he would like to see the improvements done at cost rather than including engineering and administrative costs since there should be some participation by the City because of the ball fields that cause increased traffic. Dean Longsyo, 9448 Creekwood Drive, said he owns the double bungalow with an 80-foot frontage that has no potential for development. He said it is nonhomesteaded so there is no cap on the assessment. He was in favor of the entire project. City Council Agenda Tuesday, April 18, 1995 Page Five The consensus of the Council was that support for the entire project is unclear and the hearing should be continued to allow Staff to discuss alternatives with the potential developers and with the neighborhood. MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the Hearing for Sunnybrook Road Street & Utility Improvements, I.C. 94-5363, to May 9, 1995. Motion carried unanimously. The Council addressed item V.E. next. E. SALE AND TRANSFER OF CABLE TELEVISION FRANCHISE TO TIME WARNER. INC. Jullie reviewed the proposed sale of the cable television franchise and said that state law requires a public hearing to determine what adverse effects may occur if the franchise is transferred. He said the Southwest Suburban Cable Commission has scheduled a special meeting for May 17, 1995, to review the ramifications of the proposed transfer of ownership. MOTION: Pidcock moved, seconded by Thorfinnson, to continue the Public Hearing to June 6, 1995; and to request the Southwest Suburban Cable Commission to study the effects of the transfer of ownership of the Cable franchise and recommend action to the City Council. Motion carried unanimously. B. GOLDEN TRIANGLE BUSINESS CENTER by CSM Investors. Request for Planned Unit Development Concept Review on 26.81 acres, Planned Unit Development District Review on 26.81 acres, Zoning District Change from Rural to 1-2 Park on 26.81 acres, Preliminary Plat of 26.81 acres into one lot, and Site Plan Review on 26.81 acres. Location: 76th Street West. (Resolution 95-69 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change from Rural to 1-2 Park and Resolution 95-70 for Preliminary Plat) Dave Carland, representing CSM Corporation, reviewed the project. Enger said the Planning Commission reviewed the project at the April 10, 1995, meeting and recommended approval, subject to the recommendations of the Staff Report of April 7th. Lambert said the Parks Commission reviewed the project on April 17th and recommended approval on a 7-0 vote, subject to the recommendations of the Planning Staff Report and the Manager of Parks and Natural Resources' Report of April 7, 1995, and with the additional recommendation that the developer agree to provide an easement over Outlot 2. There were no comments from the audience. City Council Agenda Tuesday, April 18, 1995 Page Six MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution 95-69 for PUD Concept Review; to approve 1st Reading of Ordinance for PUD District Review and Zoning District Change from Rural to 1-2 Park on 26.81 acres; to adopt Resolution 95-70 for Preliminary Plat Approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and the scenic and conservation easement recommended by the Parks Commission. Motion carried unanimously. C. PRAIRIE CYCLE AND SKI. INC. by Chanhassen Bike & Ski, Inc. Request for PUD District Amendment on 15.02 acres, PUD District Review on 1.07 acres, Zoning District Amendment in the N-Com Zoning District on 1.07 acres and Site Plan Review on 1.07 acres for the development of a 5,200 square foot retail building. Location: Anderson Lakes Center. (Ordinance for PUD District Amendment, PUD District Review and Zoning District Amendment) Steve Phyle and Rick Carter, representing Prairie Cycle, reviewed the project. Enger said the Planning Commission reviewed the project at the March 27th meeting and recommended approval of the request for PUD District Amendment on a 6-1 vote and approval of the requests for PUD District Review, Zoning District Amendment and Site Plan Review on 5-2 votes, subject to the • recommendations of the Staff Report of March 24, 1995, and with a recommendation that 100% face brick be used. He said it was not reviewed by the Parks Commission. Case questioned whether we would require 100% face brick if the addition was planned within three years. Enger said the Council has granted some requests for a short period of time with a bond for placing face brick on the addition side if the addition is not completed. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Pidcock, to close the Public Hearing; to approve 1st Reading of an Ordinance for PUD District Amendment, PUD District Review and Zoning District Amendment, including Site Plan Review; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. CENTRAL MIDDLE SCHOOL ATHLETIC FACILITIES by Independent School District 272. Request for Site Plan Review on 60 acres. Location: Scenic Heights Road and School Road. (Resolution No. 95-71 for Site Plan Review) Bruce Chamberlain, representing the School District, reviewed the plans for grading and drainage of the athletic facilities at Central Middle School that have been relocated because of the construction of Hwy. 212. City Council Agenda Tuesday, April 18, 1995 Page Seven Enger said the Planning Commission reviewed the project at the March 27, 1995, meeting and recommended approval on a unanimous vote, per the recommendations of the Staff Report of March 24, 1995. Lambert said the Parks Commission recommended approval on a 5-0 vote at the April 3, 1995 meeting, subject to the recommendations of the Staff Report of March 24th. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; and to adopt Resolution No. 95-71 Granting Site Plan Approval for the Central Middle School Athletic Facilities. Motion carried unanimously. F. VACATION 95-02. BEARPATH 3RD ADDITION. DRAINAGE AND UTILITY EASEMENT. LOTS 1 AND 2. BLOCK 2 (Resolution 95-72) Jullie said the Bearpath Limited Partnership has requested vacation of all drainage and utility easements on these two lots in order to facilitate the adjustment of the common lot line. The two lots have been replatted and revised easements dedicated in a subsequent plat approved by the Council on February 1, 1995. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; and to adopt Resolution No. 95-72 Vacating the Drainage and Utility Easements on Lots 1 and 2, Block 2, Bearpath 3rd Addition. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorf'mnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VID. PETITIONS. REQUESTS AND COMMUNICATIONS A. RESOLUTION NO. 95-73 AUTHORIZING THE PURCHASE OF REAL ESTATE BY SMTC COMMISSION FOR WETLAND MITIGATION FOR THE EDEN PRAIRIE TRANSIT HUB Enger said the transit hub project being developed by Southwest Metro Transit Commission at Prairie Center Drive and Hwy. 5 requires wetland replacement at a 2 - 1 ratio. Southwest Metro has done a study that finds the best option would be to purchase land in another city to accomplish the replacement. Enger said Staff concurs because they have not been able to identify any feasible alternative sites within Eden Prairie. City Council Agenda Tuesday, April 18, 1995 Page Eight Jim Lasher, LSA Design, reviewed the study done by Southwest Metro and the criteria developed for the selection of an alternative site. He said they are asking that the Council pass a resolution that would allow for the purchase of the designated parcel. Jullie noted that Councilmembers received a copy of an amended resolution that changes some of the verbiage but not the intent of the resolution. MOTION: Pidcock moved, seconded by Thorfinnson, to adopt Resolution 95- approving the purchase of real estate by the Southwest Metro Transit Commission for wetland mitigation for the Eden Prairie Transit Hub. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES x. APPOINTMENTS A. Environmental and Waste ManaKement Commission -Appointment to nll an unexpired term to 2/28/97 MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to nominate Richard Morgan. Motion carried unanimously. MOTION: Pidcock moved, seconded by Thorfinnson, to close the nominations and cast a unanimous ballot for Richard Morgan to fill the unexpired term to 2/28/95 on the Environmental and Waste Management Commission. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Reguest Staff to Present Effect of Proposed Property Tax Freeze Harris said she would like to postpone discussion of this to a future meeting. 2. Edenvale PUD SiKns Tyra-Lukens expressed concern that many of the Edenvale directional signs are very unsightly and there are signs promoting businesses as well as signs for businesses that do not exist. She thought Staff should review this situation in light of the sign ordinance. The consensus was to have Staff investigate and return with a report. City Council Agenda Tuesday, April 18, 1995 Page Nine 3. Follow-up on Reverse Commute .Job Fair Thorfinnson asked about the Staff plans for this event. Enger said he has discussed this with Jullie, Lambert and Swaggert and they will participate to the extent they can. They plan to present the seasonal park jobs that will be available; however, it would be better if the event were held earlier in the year in terms of the summer jobs available. Pidcock said the hope of the Job Fair is to provide long term quality jobs with benefits. She asked if the summer jobs could become long term. Jullie said they will offer full time jobs to the extent they are available. B. REPORT OF CITY MANAGER 1. Workshop Schedule Chan&e Jullie said he would like to reschedule the City budget projection workshop scheduled for Tuesday, April 25 as Staff is not quite ready to present the report in a comprehensive way. They would like to reschedule it after the May 20th session. Thorfinnson said May 20th is a problem for him. Harris suggested Staff poll the Council members again to set the date. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Request for Approval to Char&e Vendors Fee for 4th of .July Celebration Lambert said the Parks Commission has recommended moving the vendors off to the parking lot for the event. He said electrical power has always been a problem at the event. Staff researched how other communities handle such events and learned that many of them bring in a contractor with a generator. The vendors are then required to purchase electricity from the contractor and will pay from $30 up to $150, depending on use. He said moving the vendors to the parking lot will facilitate clean-up and will cause less wear and tear on the turf. Case questioned how much the rental of the generator will be and how many of the booths use electricity. Lambert said it may run about $1,000 and eleven different vendors used electricity last year. Case and Tyra-Lukens expressed concern about charging the non-profit groups that participate in the event. Case suggested that we try it for a year and see the effect it has on participation by the non-profits. Tyra- Lukens asked that vendors from previous years be notified of the change as soon as possible and that they be provided with tips on minimizing energy costs. City Council Agenda Tuesday, April 18, 1995 Page Ten Thorfinnson said he thought renting electricity would actually save money for the Rotary as they had to bring in a generator in previous years. MOTION: Case moved, seconded by Thorfinnson, to approve the request to charge vendors a fee for the 4th of July celebration. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Update Report on MUSA Line Amendment Enger reviewed the status of our request to the Met Council for MUSA line amendment. He said the Met Council staff determined in February of this year that the information we provided was adequate and they then had 90 days to review. We received a draft staff report last Friday which found the amendment was consistent with the metro blueprint but the transportation information pointed up a couple of problems that would impact the systems. They would like to see an update to the transportation plan that would cost $50,000 to $100,000 and would take six months to one year to prepare. He said Staff recommends that we request a 60-day continuance to provide additional information and talk with the County and State to try to resolve this before they make it a contingency. The consensus was to have Mayor Harris write a letter requesting the continuance. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt, preliminary review of development and land alteration plans (continued from March 21, 1995) Jullie said that, after meetings and phone conversations, there are three major items involved: construct a berm around the outside perimeter; comply with all noise ordinances; and refrain from all crushing operations during the summer months. We will put the requirements in writing and will get a response within 30 days. Thorfinnson expressed concern that Midwest will be able to continue their crushing operations in the meantime and warm weather is coming. Pidcock said she thought May 21st should be set as a deadline as part of the negotiations. Jullie said the crushing operations will continue until mid-July to put up the stockpiles that will form part of the berm. The berm will improve the noise problem and the appearance. City Council Agenda Tuesday, April 18, 1995 Page Eleven 2. Award Contract for 1995 Street Sealcoatina:. I.C. 95-5381 Resolution No. 95-74) Dietz said they are recommending ASTECH Corporation be awarded the contract. He said if the status of the $80,000 in frozen funds changes, the City has reserved the right with the contractor to increase the sealcoat area to use the available budget. MOTION: Pidcock moved, seconded by Case, to adopt Resolution No. 95-74 Awarding Contract for 1995 Street Sea1coating, I.C. 95-5381 to ASTECH Corporation. Motion carried unanimously.: 3. Award Contract for Tree Loader. I.C. 95-5383 (Resolution No. 95-75) Dietz said they are recommending that the contract be awarded to Cry steel Truck Equipment. MOTION: Pidcock moved, seconded by Case, to adopt Resolution 95-75 Awarding Contract for Tree Loader, I.C. 95-5383, to Crysteel Truck Equipment. Motion carried unanimously. 4. Resolution No. 95-76 Approvina: Plans and Specifications and Awardina: Bids for First Phase of Sidewalk and Landscape Improvements in the Major Center Area. I.C. 95-5385 (Resolution 95-76) MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt Resolution No. 95-76 approving plans and specifications and awarding bids for first phase of sidewalk and landscape improvements in the Major Center Area, I.C. 95-5385. Motion carried unanimously. F. REPORT OF CITY ATTORNEY xn. OTHER BUSINESS xm. ADJOURNMENT MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion . carried unanimously. Mayor Harris adjourned the meeting at 10:35 p.m. DATE: CITY COUNCIL AGENDA SECTION: CONSENT CALENDAR 5-9-95 DEPARTIdENT: ITEM DESCRIPTION: lTEMNO. Finance -Pat Solie CLERKIS LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. CONTRACTOR (MULTI-FAMILY & COMM.) Conveyor Craft, Inc. Design 1 of Edina LTD. Dougl as Corporation First Street Construction, Inc. Gar.field Clark & Associates, Inc. Northern States Power Company Teakwood Homes, Inc. Twin City Specialty Contracting, Inc. PLUMBING Gopher Mechanical Contractors, Inc. Hanson-Kleven Plumbing Hessian Plumbing Services, Inc. K & K Heating & Plumbing, Inc. Krumholz Company, Inc. LeVahn Brothers, Inc. Pl umrite, Inc. GAMBLING 8den Prairie Lions Bingo -Schooner Days ActiODiDirection: 5-9-95 . page 1 GAS FITTER Hanson-Kleven Plumbing K & K Heating & Plumbing, Inc. Merit Heating & Air Conditioning HEATING & VENTILATING K & K Heating & Plumbing, Inc. Merit Heating & Amr Conditioning Sunburst Heating & Air Conditioning SEPTIC SYSTEMS Donis Backhoe & Excavating UTIL ITY INSTALLER K & K Heating & PLumbing, Inc. Petels Water & Sewer, Inc. ON SALE LIQUOR & SUNDAY LIQUOR Asia Grille by Leeann Chin MECHANICAL GAME F & M Investments, Inc. @ Ciatti's EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4/25/9~ SECTION: Consent Calendar ITEM NO. -:w DEPARTMENT: Parks, ITEM DESCRIPTION: Arbor Day Proclamation Recreation and ~s Stuart A. Fox For the past 14 years Eden Prairie has conducted Arbor Day activities as part of the City's comprehensive forestry program. Attached is a proclamation proclaiming May 6 as Arbor Day in Eden Prairie. The 9th Annual Arbor Day Walk will be held at Staring Lake Park Saturday, May 6, 1995, from 9:30-11:30 a.m., to promote tree planting in our community. SAF:mdd Proclaim.memo/Stuart I PROCLAMATION PROCLAIMING MAY 6, 1995 AS ARBOR DAY WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was fIrst observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fIres and countless other wood products, and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways, NOW, THEREFORE, I, Jean L. Harris, Mayor of the City of Eden Prairie, do hereby proclaim May 6, 1995 as ARBOR DAY in the City of Eden Prairie, and I urge all citizens to s.upport efforts to protect our trees and woodlands and to support our city's urban forestry program, and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well- being of present and future generations. ADOPTED, this 9th day of May 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk SEAL arborres/Stu EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-9-95 SECTION: 2ND READING ITEM NO. "O".e. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BIRDIE'S SPORTS PARK Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Change from Rural to Commercial Regional Service on 2.2 acres; • Site Plan Review on 2.2 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Site Plan Review 2. Developer's Agreement rr:C..-1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. BIRDIE'S SPORTS PARK AN ORDINANCE OF TIlE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTIlER, AMENDING TIlE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTIlER THINGS, CONTAIN PENALTY PROVISIONS TIlE CITY COUNCIL OF TIlE 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 Commercial Regional Service 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 Commercial Regional Service 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 May 9, 1995, entered into between Parvest, Inc., 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 21st day of February, 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 9th day of May, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on --------------------------- 1Y".C. -~ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. BIRDIE'S SPORTS PARK 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 Lot 1, Block 1, Fountain Place Apartments from Rural to Commercial Regional Service on 2.2 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: ATTEST: lsI John D. Frane City Clerk This Ordinance shall take effect upon publication. I s/Jean 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.) W.c...-3 BIRDIE'S SPORTS PARK Exhibit A Legal Description Lot 1, Block One, Fountain Place Apartments w. c... -y BIRDIE'S SPORTS PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BIRDIE'S SPORTS PARK BY PARVEST, INC. WHEREAS, Parvest, Inc. has applied for Site Plan approval of Birdie's Sports Park on 2.2 acres for construction of 10,000 sq. ft. batting cage and 23,000 sq. ft. miniature golf course located at Lot 1, Block 1, Fountain Place Apartments to be zoned within the Commercial Regional Service District; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 23, 1995, 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 February 21, 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 Birdie's Sports Park for the construction of a batting cage and miniature golf course, based on plans dated February 21, 1995, between Hennepin County, and the City of Eden Prairie. ADOPTED by the City Council on May 9, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk tr.<:...·s DEVELOPER'S AGREEMENT BIRDIE'S SPORTS PARK THIS AGREEMENT, made and entered into-as of May 9, 1995, by Parvest, Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from High Density Residential to Regional Commercial on 2 acres, Zoning District Change from Rural to Commercial Regional Service on 2 acres, and Site Plan Review on 2 acres for construction of a miniature golf course of approximately 23,000 square feet and a batting cage of 10,000 square feet, all on 2 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. , Site Plan, 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 February 21, 1995 and dated February 14, 1995, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHffiIT 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. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the City, and receive the City's approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Upon approval by the City, Developer agrees to implement the approved exterior materials plan concurrent with building construction on the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. 4. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineers approval of an Erosion Control Plan for the Property. Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. W. C. -G:, · Upon approval by the City Engineer, Developer agrees to implement the approved erosion control plan in accordance with the provision of Exhibit D attached hereto. 5. FINAL ORDER NO. #95-08: Developer has obtained approval from the Board of Appeals and Adjustments for variances from City Code requirements within the Commercial Regional Service District for outdoor sales and display in excess of 10 % of the building area allowed by City code, for development of a miniature golf course and batting cage on the Property as depicted in Exhibit B, attached hereto. Said approval has been granted through Final Order #95-08, attached hereto, and made a part hereof. Developer agrees to comply with all requirements of said Final Order No. #95-08. Developer agrees to fIle Final Order #95-08 of the Board of Adjustments and Appeals on the Property at Hennepin County Recorder's-Registrar's prior to the building permit issuance. Prior to the release of any building permit on the property, Developer agrees to provide proof of filing to the City. 6. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City and receive the City's approval of a final landscape plan for the Property. Said landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 150 % of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape improvements concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. SIGNS: Developer agrees that for each and every pylon, monument or wall sign to be located on the property, Developer, shall fIle an application with the City for a sign permit. Said application shall include complete description of the sign and a sketch showing the size, location, manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, all in accordance with Exhibit B and in accordance with the requirements of City code, Section 11.70, Subdivision 5a. 8. STORM WATER QUALITY: In lieu of constructing a NURP facility for the treatment of storm water on the site, the Developer shall pay the City the cash equivalent of treatment facility construction. Prior to building permit issuance, Developer shall submit a payment amount equivalent of 2 % of the land value plus $1000.00 for each acre of impervious surface on the site. The City shall deposit the payment in its storm water utility fund. nt.c'.-1 VARIANCE #95-08 CITX OF EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS FINAL ORDER RE: Petition of Parvest. Inc. ADDRESS: 8600 Block of Columbine' Road. Eden Prairie, MN 55344 OlliER DESCRIPTION: V ARIANCE REQUEST: Request #95-08 bv Birdie's Sports Park for the 8600 Block of Columbine Road to permit development of a miniature golf course and batting cage facility in the Commercial Zoning District with variances from the permanent outdoor display regulations of the City Code. City Code requires all items offered for sale, rental or lease and displayed outside not to exceed 6 % of the building's base area ratio and to be screened with a wall of the building. The Board of Appeals and Adjustments for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the fIle therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes __ X __ No ____ ). 2. There are circumstances unique to the property under consideration, and granting such variances does not violate the spirit and intent of the 3. 4 . City's Zoning and Platting Code. / Variance Request #95-08 is herein Granted __ -=x ____ , Denied Condi tions to the granting X ,denial follows: PLEASE SEE ATTACHMENT A --, of said variance are as 5. A copy of this order shall be forwarded to the applicant by the City Clerk. 6. This order shall be effective March 15, 1995 i however I this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 7. All Board of Adjustments and Appeals actions are SUbject to City Council review. . N/A = Not Applicable BOARD OF APPEALS ~TMENTS BY:, ~G DATED: ____ -=M=a~r~c~h~1~5~,~1~9~9~5~ ____ _ BARBIlEAN\BOAIF09S08 W.e.· ~ V ARlANCE REQUEST #9508 ATTACHMENT A CONDITIONS: 1. Variance #95-08 is approved based on the plans approved by the Planning Commission, City Council, and identified in the Developer' Agreement between the City of Eden Prairie and Parvest Inc. Only an 18 hole miniature golf course and batting cage facility is permitted.2 . 2. Should the miniature golf course and batting cage facility vacate the site variance request #95-08 becomes null and void. 3. No overhead paging system or intercom system be permitted except for servere weather alerts. 4. No loudspeaker or amplifier for music be permitted. 5. Should the City receive concerns relating to noise associated with the batting case, the City will reverse the right to limit operation of batting cage to not before 10:00 am and not after 10:00 pm. 6. No vehicles for the intent of selling or displaying may be stored at this site. 7. All signs will conform to City Code. rr.c. -.9 " I EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-9-95 SECTION: 2ND READING ITEM NO. N.C. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger PRAIRIE CYCLE AND SKI, INC. Don Uram Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Amendment in the N-Com Zoning District on 1.07 acres, PUD District Amendment on 15.02 acres, PUD District Review on 1.07 acres; • Site Plan Review on 1.07 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Zoning Ordinance 2. Site Plan Review 3. Developer's Agreement "TIr. D. - \ PRAIRIE CYCLE AND SKI, INC. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-95-PUD-3-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WImIN A ZONING DISTRICT, AMENDING mE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the N-Com Zoning District 17-95-PUD-3-95 (hereinafter "PUD-3-95-N-Com"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 9, 1995, entered into between Chanhassen Bike & Ski, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-3-95-N-Comm, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-95-N-Comm is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-95-N-Comm 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-3-95-N-Comm are justified by the design of the development described therein. D. PUD-3-95-N-Comm is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the N-Comm District and shall be included hereafter in the Planned Unit Development 3-95-N-Comm, 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. ]1[. D.-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. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of April, 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 9th day of May, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on -------------------------------- 1Y.D.-3 PRAIRIE CYCLE AND SKI, INC. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-95-PUD-3-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary; This ordinance allows the amending of land located at Anderson Lakes Center within the N-Com Zoning District on 1.07 acres and PUD District Amendment on 15.02 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date; ATTEST: lsI John D. Frane City Clerk This Ordinance shall take effect upon publication. I slJ ean 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.) 11[:' D. -l.\ Exhibit A Legal Description Lot 2, Block I Anderson Lakes Center rr. D.· S- PRAIRIE CYCLE AND SKI, INC. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRAIRIE CYCLE AND SKI, INC. BY CHANHASSEN BIKE & SKI, INC. WHEREAS, Chanhassen Bike & Ski, Inc. has applied for Site Plan approval of Prairie Cycle and Ski, Inc. on 1.07 acres for construction of a 5,200 sq. ft. retail building located at Anderson Lakes Center to be zoned within the N-Com Zoning District; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 27, 1995, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its April 18, 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 Prairie Cycle and Ski, Inc. for the construction of a retail building, based on plans dated March 17, 1995, between Chanhassen Bike & Ski, Inc., and the City of Eden Prairie. ADOPTED by the City Council on May 9, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk N.D.-b DEVELOPER'S AGREEMENT PRAIRIE CYCLE AND SKI, INC. THIS AGREEMENT, made and entered into as of , 1995, by Chanhassen Bike & Ski, Inc., 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 Request for Planned Unit Development District Amendment on 15.02 acres, Planned Unit Development District Review with waivers on 1.07 acres, Zoning District Amendment in the N-Com Zoning District on 1.07 acres and Site Plan Review on 1.07 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. , Zoning District Amendment, PUD District Amendment and PUD District Review and Resolution No. , Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on Apri118, 1995, and dated March 17, 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. GRADING AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer. Developer agrees to implement the approved plans as depicted on Exhibit B attached hereto, concurrent with the construction of the building on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. IT. D."? . 4. LANDSCAPE PLAN: Developer agrees to implement the approved landscape plan as depicted on Exhibit B attached hereto, concurrent with the cOllstruction of the building on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 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. 5. NURP POND FEE: Concurrent with building permit issuance, the developer has agreed to pay a proportionate cost of a NURP pond to the Storm Water Utility Fund to construct regional NURP ponds. The fee applicable to Prairie Cycle and Ski project is $5,800. 6. PUD WAIVERS REQUIRED: City acknowledges that PUD waivers are required to allow for a O-lot line setback to parking. 7. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to City, and obtained City's approval of a plan for screening of mechanical equipment on the Property in the manner as depicted in Exhibit B, attached hereto. Said mechanical equipment includes the gas meters, electrical conduit, and water meters in addition to standard heating, ventilating, and air conditioning units. DATE: CITY COUNCIL AGENDA May 9, 1995 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration--Amendment to Joint and Cooperative Agreement 1£. E Craig Dawson for the Southwest Suburban Cable Commission Requested Action: It is recommended that the City Council approve an amendment to the SWSCC joint powers agreement relating to the governance of commission operations. BackKround: In January 1995, the Southwest Suburban Cable Commission (SWSCC) met on a retreat to look into the future of telecommunications and how the SWSCC might be able to accomplish its mission more effectively. One of the several outcomes of the retreat was a desire to conduct the Commission's business more efficiently and economically. The joint powers agreement now in place is rather prescriptive in the operational structure and procedures the SWSCC must follow. The nature of the business of the full Commission and the Operating Committee has changed significantly since the agreement was first signed in the early 1980s. In light of changing circumstances in telecommunications and in the time demands on persons who must serve on the Commission, SWSCC members believe it is desirable to give the Commission flexibility in its governance and operations. The proposed amendment would create a new provision in the joint powers agreement to give the SWSCC this flexibility. Commission recommendation: On April 12, 1995, the full Commission approved and recommended that the City Councils of the member cities approve the amendment. Supporting Information Proposed amendment to the SWSCC joint and cooperative agreement SECOND AMENDMENT JOINT AND COOPERATIVE AGREEMENT This Second Amendment to Joint and Cooperative Agreement, made and entered into this ____ day of _______ • 1995, by and between the CITIES OF EDINA, EDEN PRAIRIE, MINNETONKA, RICHFIELD AND HOPKINS, MINNESOTA, constitutes the Second Amendment to that certain Joint and Cooperative Agreement now existing and entered into by each of the above Cities to create the Southwest Suburban Cable Commission; and this Second Amendment is made to record the agreements by each of the Member Cities and in consideration of the mutual promises of each of the Member Cities: l. Article VII, Section 3, to add a new paragraph T to read as follows: VII. Powers and Duties of the Commission and Parties. Section 3. Powers and Duties of the Commission. Subject to the provisions of Section 2, the following powers and duties are delegated by the Parties to the Commission: T. Procedures Relating to the Governance of Commission Operations. Notwithstanding any provision contained in this Agreement, with respect to the operating procedures of the Commission, the Commission is hereby authorized to establish from time to time bylaws or other policies and procedures relating to its own governance and operations including procedures relating to meetings, dates of meetings, agendas, information contained on agendas and the functions of the Operating Committee and Commission. . IN WITNESS WHEREOF, the Cities hereto have caused this Second Amendment to Joint and Cooperative Agreement to be duly executed the first date written above. CITY OF EDINA, MINNESOTA By _______________________ __ Its, ______________ __ - 1 - CITY OF EDEN PRAIRIE, MINNESOTA By ______________________ ___ I~. ______________________ _ CITY OF MINNETONKA, MINNESOTA By ______________________ ___ Its, ______________________ _ CITY OF RICHFIELD, MINNESOTA By ______________________ ___ I~ ______________________ _ CITY OF HOPKINS, MINNESOTA By ______________________ ___ Its, ______________________ _ 402707 - 2 - DATE: CITY COUNCIL AGENDA May 9, 1995 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Admin.--C. Dawson Agreement for Professional Services To Conduct Iv.F Comm Info & Svcs --Community Survey T.Kucera Requested Action: It is recommended that the City Council authorize execution of an agreement for services with Decision Resources, Ltd., to conduct a community survey. Back&round: The City first undertook a community survey in 1990. Like many cities, Eden Prairie used this technique to gain an understanding of residents' perceptions about City services. Responses gave the City some scientific measure about how residents valued City services, what areas needed or were desired to have more attention, and how these perceptions stacked up with other communities in the metropolitan area. A similar survey conducted in 1992 allowed a comparison of responses and satisfaction with benchmarks established in 1990. Decision Resources, Ltd., (DRL), conducted both surveys, and has performed the vast majority of such surveys in the metropolitan area. The City Council approved another survey in the 1995 Budget. It is planned that the 1995 survey will contain some of the customer-service benchmarking questions of previous surveys. The intent of the 1995 survey is geared more to gain a greater understanding of: (1) what are widely-held values among residents, (2) what sort of priorities and trade-offs are they able or willing to identify, and (3) what do they see as the upcoming issues for the community and the City. Process: City staff would work with DRL to identify a number of critical topic areas to include in the survey. Focus groups, composed of residents who serve on the City's advisory boards and commissions, are tentatively scheduled to meet on May 16. The purpose of these groups is to provide another perspective in identifying what issues residents believe to be important for the community or the City to address. After the staff and focus group ideas have been assembled, DRL would send the Council a list of topics that are planned to be in the community survey. Councilmembers would have a week to ten days to forward their comments to staff about whether additional topics should be included in the survey. The random telephone survey of approximately 400 households would be conducted in June 1995. Southwest Metro has indicated an interest in including some questions in the survey. The arrangement for the 1992 survey had SWMetro pay for more detailed questions and analysis about transit. Financial Implications: The 1995 budget allocates $15,000 in the Community Services and Information Division to conduct a community survey. The proposal from DRL would accomplish the survey as it is currently envisioned within the budgeted amount. DATE: 05/09/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: I V, 4 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Reconveyance of Tax Forfeit Parcel Gene Dietz South end of Wallace Road Requested Action: Staff recommends that the City Council adopt the attached resolution allowing for reconveyance of a tax forfeit parcel to the State of Minnesota so that it may be reconveyed by the State to Independent School District No. 272. Background: During the platting process of the "Eden Prairie Industrial Center" (1968), the industrial subdivision served by Wallace Road, Outlot A was created. This outlot for may years was utilized as the secondary access for what is now the middle school. In 1979, this parcel of land known as Tax Parcel 16-116-22-24-0013 was conveyed to the City of Eden Prairie through the tax forfeiture process. The specific reason the City received the property was for roadway purposes. During the expansion project at Central Middle School in 1994 and 1995, the roadway contained within this outlot was removed and the land incorporated into the school site. This modification of use technically violates the conditions under which the City received the land in the first place. The attached resolution and the reconveyance process has been devised by the School District in conjunction with the State of Minnesota to allow the School District eventual ownership of the land in question. The only outstanding issue comes from the owner of Lot 5 at the south end of Wallace Road. It was actually his investigation that led to this proposed reconveyance process. The owner's contention is that his land would be more valuable if it had more street frontage along Outlot A (see attached sketch). In reality, the industrial subdivision was platted with Wallace Road being a cul-de-sac and there is no reason that the owner should have expected additional public road frontage. Since there is a technical flaw in the process at this point, it will require this procedure to solve the problem. In the final analysis, the owner of Lot 5 makes a correct assumption --his lot probably would be more valuable if it had additional street frontage. However, it is the opinion of staff that the needs of the School District to create a proper site plan along with the fact that it was never intended that Lot 5 have anything more than cul-de-sac frontage leads us to conclude that the reconveyance process has the most public benefit. Financial Issues: There are is cost to the City of Eden Prairie in this process. cc: Merle Gamm, ISD #272 IV.r;,. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO., ____ _ RESOLUTION RELATING TO THE RECONVEYANCE OF TAX PARCEL NO. 16-116-22-24-0013 WHEREAS, on December 31, 1979, the State of Minnesota conveyed to the City of Eden Prairie, by tax deed, title to Tax Parcel No. 16-116-22-24-0013, and WHEREAS, the City of Eden Prairie has not put the subject property to roadway use, nor does it plan to in the future, and WHEREAS, the subject property has been utilized by Independent School District No. 272, Eden Prairie for many years for school purposes, and WHEREAS, the City desires to reconvey the subject property to the State of Minnesota, for reconveyance, in whole or in part, to Independent School District No. 272 for continued use for school purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. The City shall reconvey the subject property to the State of Minnesota so that it may be conveyed by the State, in whole or in part, to Independent School District No. 272, as requested by the School District. 2. The City requests that the Hennepin County Board of Commissioners and the Minnesota Commissioner of Revenue take all action necessary to carry out the purpose of this Resolution. 3. The Mayor and the City Manager are authorized and directed to execute any documents or certificates, including the attached Reconveyance Document, as may be required to accomplish the objective ofthis Resolution, subject to review of such documents and certificates by the City Attorney. ADOPTED by the City Council of the City of Eden Prairie on May 9, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk [ SEAL] ( 2) -::-;:;::::::==::::=-:::-: ~---- ~a ~':Z}'JO:E, oS I .. ~/.'-J? / ,~ . .., ,,},,.. ',~ , 5 (14) 1 , , , , .... ' ~, ... , ~':;' ~\i. ",'N I 5 ( 12) ------------~--------------------------~-------- . (74) (74) 262'3'.72 RES ( 5) ~--..I-----------, (8) ~ ( 17) -------- (4) .... • II'> ~; ... ( 16) ... ~ 262. :--- (f) W 0: ( 6) L .······r····· ~\~... ' •• t!> • • .:'" "1'.., . .;..;::. ", .'7:" ~ . RECONVEY ANCE OF FORFEITED LANDS TO STATE OF MINNESOTA BY GOVERNMENTAL SUBDIVISION WHEREAS, Pursuant to Minnesota Statutes, Section 282.01, Subdivision I, the STATE OF MINNESOTA, as trustee under Minnesota Statutes, Section 281.25, on the lal day of December, 19 79 , conveyed to The Ci~ of Eden Prairie a governmental subdivision, the lands hereinafter described, to be used for an authorized pub ic use, and WHEREAS, Said governmental subdivision has failed to put such land to the public use for which it was conveyed, The City of Eden Prairie *h8S 8bltn66He6 the ptlblie tlse fer .. hieh stleh laH6'twltS e6,ne)e6, tlfttI-now desires to reconvey said lands to the State of Minnesota, as such trustee, NOW, THEREFORE, This indenture, made this day of , 1992, between The City of Eden Prairie a governmental subdivision of the State of MInnesota, as party of the first part, and the State of Minnesota, as trustee as hereinafter set forth, as party of the second part, WITNESSETH, That the said party of the first part, in consideration of the premises and other valuable considerations, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim and Reconvey unto the said party of the second part all the tract or parcel of land lying and being in the County of Hennepin _ in the State of Minnesota, described as follows, to-wit: Outlot A Eden Prairie Industrial Center CITY OF EDEN PRAIRIE (Tax Parcel No. 16-116-22-24-0013) in trust as provided by Minnesota Statutes, Section 281.25, upon like conditions and with like effect as if said lands had not been conveyed to said party of the first part as aforesaid. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said party of the second party and its successors and assigns, Forever. IN TESTIMONY WHEREOF, Said party of the first part has caused these presents to be executed in its corporate name by its Mayor and its City Manager and its corporate seal to be hereunto affixed the day and year first above written. In Presence of: THE CITY OF EDEN PRAIRIE (Name of Governmental Subdivision) By: Mayor By: CIty Manager * Strike out clause not applicable "The seller certifies that the seller does not know of any wells on the described real property" STATE OF MINNESOTA ) ) ss. County of HENNEPIN ) On this day of , 19 , before me, a Notary public within and for said county, personaIly appeared --and to me personally known, who, being each by me ::Id:7ur.ly~s=w:::o:-:rn=-=s:::-a=y""thC:a::;:t"7thr:-e=y:-a=r:::-e-::rC:-es"'p""'e-ct"'-iv-e',""y""'thre--Mayor and the City Manager of the ~overnmental subdivision named in the foregoing instrument, and that the seal affixed to said mstrument is the corporate seal of said governmental subdivision, and that said instrument was signed. and sealed in behalf of said governmental subdivision by authority of its City Council and saId and -:-..."...--:-;--____ .,.-...,....,.,.....,,...,.. __ _ acknowledged said instrument to be the free act and deed of said governmental subdivision. APPROVAL The undersigned, acting for the Commissioner of Revenue of the State of Minnesota, under delegation of au~hority duly filed with the Secretary of State, does hereby approve the foregoing conveyance to the State of Mmnesota. Dated: ________ _ STATE OF MINNESOTA In the Presence of: CommiSSIOner 01 Revenue By: DATE: 05109/95 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: IV. If. SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Shores of Mitchell Lake 3rd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Shores of Mitchell Lake 3rd Addition subject to the following conditions: • Receipt of engineering fee in the amount of $1,200 • Receipt of street lighting fee in the amount of $5,454 • Receipt of street sign fee in the amount of $565 • Satisfaction of bonding requirements for the installation of all public utilities and streets Background: This proposal consists of the platting of 30 single family lots, right-of-way dedication for street purposes and two outlots; all making up the third phase of the Shores of Mitchell Lake PUD. The preliminary plat was approved by the City Council October 3, 1989 per Resolution No. 89- 210. The Developer's Agreement and Second Reading of the Zoning Ordinance was approved March 13, 1990. JJ:ssa cc: Lee Johnson, U.S. Homes Corporation CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SHORES OF MITCHELL LAKE 3RD ADDITION WHEREAS, the plat of Shores of Mitchell Lake 3rd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Shores of Mitchell Lake 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 3, 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 May 9, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk I C) -q -., ~ .. --i ' .... ' , :[ -., ", ~- I I ~-• . -I 0 c: -i r 0 -i () c -; ~-. ~) --i o II z ~ .. .. ;; ~ & i c: ~ z .. en :r '" '" -4 '" (I'J :::I: 0 :a m en 0 .-n s: -ci ::I: m r r- r- l> " m w :tJ C » c c --I -0 Z lJ !-4 § ~ -------~--7MATCH LI ( 1 SEE SHEET 2 OF~; ~ \ . HEETS \ DATE: 05/09/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV. I SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of The Sanctuary 2nd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of The Sanctuary 2nd Addition subject to the following conditions: • Receipt of engineering fee in the amount of $250 • Receipt of revised conservation easements along the rear of Lots 1, 2 and 3 of Block 1 Background: This proposal consists of replatting four existing lots within The Sanctuary Addition, part of the Hartford PUD. The lots are being reconfigured to provide for a wider buildable area and also to resolve the right-of-way layout with the vacation of a portion of the Prairie Lakes Drive cul- de-sac. This vacation of the cul-de-sac took place November of 1994. JJ:ssa cc: Dave Newman, Trident Development /1/.:1. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF THE SANCTUARY 3RD ADDITION WHEREAS, the plat of The Sanctuary 2nd Addition has been submitted in a manner required . for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for The Sanctuary 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 3, 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 May 9, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk /11, :1, 2 DATE: 05/09/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: ,1;J SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Boulder Ridge of Eden Prairie 2nd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Boulder Ridge of Eden Prairie 2nd Addition subject to the following conditions: 1. Receipt of street sign fee in the amount of $285 2. Receipt of engineering fee in the amount of $440 3. Receipt of street lighting fee in the amount of $834 4. Satisfaction of bonding requirements for the installation of municipal utilities Background: This proposal consists of platting 11 townhouse within the townhouse area of the Boulder Ridge project. This was platted in two parts to satisfy the requirements of condominium in common ownership. The preliminary plat was approved by the City Council March 24, 1995 per Resolution No. 95- 65. Second Reading of the Rezoning Ordinance and execution of the Developer's Agreement will be completed at the May 9, 1995 City Council meeting. cc: Perry Ryan, Ryan Engineering Martin Weber, Westwood Planning and Engineering Services Item No. IV· • I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BOULDER RIDGE OF EDEN PRAIRIE 2ND ADDITION WHEREAS, the plat of Boulder Ridge of Eden Prairie 2ND ADDIDON has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Boulder Ridge of Eden Prairie 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 4, 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 May 9, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. ~ ............ "'" '" '" '-... ~ "'" '\'\ LJ ?? \ rr 0. .' liJ (l LJ "'-C) t5 (l i3? 9:: ~ Cl :s ~ , , , , , , : ~/ -/ ~=t .~ ~ --:-:r--,,*:<.. .~ ~,,~ ''>C:.., \ \ \ # /lJH~,."" "~ _____ _ -~ -----1 u ~ ""', ,IN .... ~ .. ___ . _ _ _ _ : " 85 ,. 'l C) j:: u. :5 :) C) () () 'tl I JI, ,3 '-T-' ! I ! I, ! 1/'/ : ~ I ~ I ~ , ~ l • i , . , i I " r ............ : I : ;->""1 '/1 ---...... ___ , -......:.' '--I -..!. I I , :....... ------l 1//11 " 'l' I , I / / / t w U ... ;.-,~ ~~/r .-., , ~ I / n!\ ~ll \ \ \ DATE: 05/09/95 EDEN PRAmIE CITY COUNCIL AGENDA ITEM NO: IV. J SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Boulder Ridge of Eden Prairie Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Boulder Ridge of Eden Prairie subject to the following conditions: 1. Receipt of street sign fee in the amount of $379 2. Receipt of engineering fee in the amount of $1,000 3. Receipt of street lighting fee in the amount of $4,125 4. Revision of "Pointe Road" street name 5. Revision of plat to include drainage and utility easements over the rear portions of Block 1 to accommodate for proposed drainage swale 6. Revision of plat to include drainage and utility easements over the proposed NURP pond within Block 2 Background: This proposal consists of the single family portion of the Boulder Ridge development, consisting of 25 single family lots, right-of-way dedication for street purposes and one outlot. Outlot B is the townhouse area of Boulder Ridge development, the final plat of which will be also on the May 9 City Council meeting as Boulder Ridge 2nd Addition. The preliminary plat was approved by the City Council March 24, 1995 per Resolution No. 95- 65. Second Reading of the Rezoning Ordinance and execution of the Developer's Agreement will be completed atthe May 9, 1995 City Council meeting. cc: Perry Ryan, Ryan Engineering Martin Weber, Westwood Planning and Engineering Services Item No. IV. j, I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BOULDER RIDGE OF EDEN PRAIRIE WHEREAS, the plat of Boulder Ridge of Eden Prairie has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Boulder Ridge of Eden Prairie is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 4, 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 May 9, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. IV,.J., z, ~ l j I I~ I ~ ~ § 2-· • ~ • ..... I (;) ~ Q .. I __ L __ ~ () d~ Q '"" ... -r ---., ~ 1"11 It! ' .... s ~ " 1 1(.) !!- t Q j 4 J :.or ... '" IN --:.:.::..;w _ , .. ___ " -~ ____ e.!~ __ Ill· J, 3 I It fl :,t i] £ '''~ II u 1111 !:d .f H ! hi U i i • 1: n Is ih u " H .... J* o • .. t~ i£ $ .. , 8 1 ~f =1 §~ \ r~ 1~!: ~:;. "h \ .. : ;~! ~;; ~l '. ".:.. .. :y a~ :, -- DATE: 05/09/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV.K SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Sanitary Sewer Improvements for 14223 Cumberland Road and 8705 Mitchell Alan Gray Road Recommended Action: Approve resolution receiving petition and ordering feasibility report for sanitary sewer improvements to the properties located at 14223 Cumberland Road and 8705 Mitchell Road. Overview: The two residential properties addressed above are located in the southeast comer of Mitchell Road and Cumberland Road. The properties currently have access to city water, but not sanitary sewer. Both the properties are over five acres in size and may have redevelopment potential in the future. Each property is currently occupied by a single family home and is classified homestead. There are at least two alternatives that will be evaluated as part of the feasibility study. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 95-5386 -Sanitary Sewer Improvements for 14223 Cumberland Road and 8705 Mitchell Road and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer for study and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on May 9, 1995 Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk J 1/, Ie 'l EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 519195 SECTION: Consent Calendar ITEM NO. IV. L DEPARTMENT: Parks, ITEM DESCRIPTION: Recreati0f. and Facilities Recommendation to approve change order for Riley Lake Park -\O\/V , RECOMMENDATION: Staff recommends a change order in the amount of $13,145.05 for additional work at Riley Lake Park. BACKGROUND: Construction at Riley Lake Park was started in July of 1994. Coordination with the Bearpath Development and frequent rains on clay soils prevented completion of the park. The majority of construction is complete with only hookup and testing of the irrigation, tennis court colorcoating and a few other miscellaneous items to finish. Items that were necessary, but not part of the original contract, are itemized on the attached sheet. PAYMENT: Bond referendum funds for Riley Lake Park will be used to pay for the additional improvements. BC:pb ccrilypk -I -- Project: To: CHANGE ORDER NO.1 Riley Lake Park Improvements Park Project No. 5002 RCM Project 10240.03 S.M. Hentges & Sons, Inc. You are hereby directed to make the changes noted below in the subject contract. NATURE OF CHANGE TO CONTRACT April 20, 1995 1. Add Item 1 for removing and disposing of building foundation location south of the historic farms buildings. 2. Add Item 2 for moving topsoil stockpiles to accommodate new parking lot location caused by soft soils found during construction. 3. Add Item 3 for added work to raise grade or street 2' to match the new Riley Park Road at south intersection. 4. Add Item 4 to increase the size of the meter and valve enclosure box to accommodate the fittings. 5. Add Item 5 for topsoil borrow due to shortage. 6. Add Item 6 for use of backhoe to dig test pits to locate limits of soft soils in planned parking lot. 7. Add Item 7 for bituminous swale to lake to control drainage. ADJUSTMENTS TO CONTRACf QUANTITIES AND COSTS ADD the following quantities and costs to the contract. 1. Remove and dispose of LS 1 2,023.50 $2,023.50 building foundation 2. Relocate topsoil stock piles LS 1 1,000.00 $1,000.00 3. Raise street grade 2' LS 1 582.50 $582.50 4. Furnish larger meter LS 1 838.95 $838.95 and valve enclosure 5. Topsoil borrow CY 516 8.50 $4,386.00 6. Test pits LS 1 1,750.00 $1,750.00 7. Bituminous swale SY 111 23.10 $2.564.10 Total ADD $13,145.05 Contract Amount $572,240.46 Increase Resulting from this Change Order $ 13,145.05 Total Contract Value Including this Change Order $585,385.51 The Above Changes are Approved RCM ASSOCIATES, INC. ~~~ ClTYOFEDEN~ By a By Date L-3 -9£ The Above Changes are Accepted: By GES&SONS.~ -3- DATE: CITY COUNCIL AGENDA May 9,1995 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Approval of Amended and Restated By-Laws of Admin.--C. Dawson the Eden Prairie Foundation IV.M Requested Action: It is recommended that the City Council approve the amended and restated by-laws of the Eden Prairie Foundation. BackKround: The City of Eden Prairie is one of the founding organizations of the Eden Prairie Foundation. By-laws state that both the City and the Board of Eden Prairie ISD No. 272 must approve any changes to the Foundation's by-laws. Major updates and amendments to the by-laws include: * * * * Sec. 2.12 Recognition Members: Allows the Foundation to designa~e entities as "members" for purposes of recognition only, and such entities shall have no voting power. Sec. 3.02 Board of Directors: Increases the number of board members from 13 to 16; staggers membership terms; specifies organizations selecting directors; provides for ex-officio directors appointed by the Board; limits service on the Board to two full terms and one partial term. Sec. 5.03 Executive Committee: Allows establishment of an executive committee consisting of the president, treasurer, and at least three other board members. Sec. 7.00 Responsibilities: Specifies that members, directors, and officers of the Foundation shall not be held personally liable for payments, debts, or obligations of the Foundation. Such persons neither shall be considered trustees of the organization. SupportinK Information A copy of the proposed document is available in the City Manager's Office. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-9-95 SECTION: 2ND READING ITEM NO. nz:. N DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BOULDER RIDGE Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Change from Rural to R1-13.5 on 11.40 acres and Rezoning from Rural to RM-6.5 on 3.8 acres and PUD District Review on 27.1 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Zoning Ordinance 2. Developer's Agreement TIr. ~ - \ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-95-PUD-4-95 BOULDER RIDGE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development RI-13.5 and RM-6.5 Zoning District 13-95-PUD-4-95 (hereinafter "PUD-4-95-RI-13.5 and RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 9, 1995, entered into between Dennis Lunski, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-4-95-RI-13.5 and RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-4-95-RI-13.5 and RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-95-RI-13.5 and RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-4-95-RI-13.5 and RM-6.5 are justified by the design of the development described therein. . D. PUD-4-95-RI-13.5 and RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. N. N. -2.- Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-4-95-RI-13.5 and RM-6.5 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 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of April, 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 9th day of May, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on -------------------------------- TIC. N. -3 Boulder Ridge Exhibit A LE~~LDES_C,RIPT()~_~.· " •.... .' •......... ,' . '. .<; ,,:.-{jif~.,[~,ii~~~:i THA T:PART OF Nt~·1/4'·DF. N£>7/4 WHICH· LIES· SLY OF:'PH£ASANT OAKS:?£XC£P,T,:' .THAr.:·:~\:· PAR T DESC' AS BtG~· At sW ·COR· Op-" NE7;f/'4' OF . ND'~1/ 4,:::.TH.:. f./-.::O; O£G~ '40~ MIN'~:~6:'::.$gp.~eYJ.: ALONG. TH.E··W·:LINDTHOF DISr70.:Oj.'FT'· 'rH·N·B9 'D£"G::;·':3g.·;MIN.i~2J;$EC· £..·:PAJJ/.INi:'fH.F"'~t.~~;i~::· S LINE· TH9f.~Q(Sl::50/l4.6 -FT" TH N .-58·iD~G":AO. MIN(:.3:z. $EP;::E;:PIST;,:328.~4t~r;·,:"fi:";{fl:I~):;:~i.:'i:.~~; 5 47 DEG"'1L-MIN,:08 SEC' E.:DlSr!j3~Fr.]O.·.CTR· L1N£::.oF;MlrqHE:tl:.~:R~·.:;m .. v:s~¥.t~7::?i.1??·(:~i ALONG S~/D :PTR<UNFDIST 2?P.:8 FT f9/~S:' LlN£·~TlfOF~.TH-· Wt:Y:f .. ~:~J·5.5;·f;P:TO:;?e:J"j~~1;,;i;)'fY OF BEG ALSO EXCEPT ROAD ." ,.-. : ".. ,.,'" ... ..... J -.~, •••• ".;:: ;':;;';. :.'. t·~j'~··::'<.l.~ .. :;"'.:i!.:~: TOTALAREA ;7,16 AC +/_. ..'.,'. • ',,;.e<·';~·G;~*:l:t rr.N-Y CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-95-PUD-4-95 BOULDER RIDGE 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 North of Mitchell Road, West of Boulder Pointe from Rural to RI-13.5 on 11.40 acres and from Rural to RM-6.5 on 3.8 acres and PUD District Review on 27.1 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: lsi John D. Frane City Clerk PUBLISHED in the Eden Prairie News on the IslJean L. Harris Mayor ----------------- (A full copy of the text of this Ordinance is available from City Clerk.) N.N-S""' DEVELOPER'S AGREEMENT BOULDER RIDGE THIS AGREEMENT, made and entered into as of 5-2 , 19~ by Lunski Construction, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF, EDEN PRAIRIE, a municipal corporation, herei~after referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Request for Planned Unit Development Concept Review on 27.1 acres, Planned Unit Development District Review on 27.1 acres, Zoning District Change from Rural to Rl-13.5 on 11.40 acres, Rezoning from Rural to RM-6.5 on 3.8 acres and Preliminary Plat of 27.1 acres into 3610ts and 2 outlots, 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. , 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 April 4, 1995, and dated March 24, 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 AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and a sanitary sewer manhole and sanitary sewer service stub east of the townhouse area on Block 3, for the future extension of a sanitary sewer line under Mitchell Road to serve properties to the east of Mitchell Road. Upon approval by the City Engineer, Developer agrees to implement the approved street and utility plans prior to building permit issuance in accordance with terms and conditions of Exhibit C, attached hereto. 4. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Developer shall incorporate the following requirements into covenants and restrictions on the property and submit them for review and approval by the Community and Economic Development Department and shall record the same in the Hennepin County Recorder's/Registrars Office. Prior tobuilding permit issuance, applicant shall submit a Certificate of Survey with the following information to the Building Department and receive written approval. A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of significant trees. C. Location of delineated wetlands. D. Location of structures with finished floor elevations. E. Retaining walls, type, height, and type of details. F. Location of sewer, water, gas and electric lines. G. Method of erosion control. H. Grading of each lot upon which a home or other structure is to be built shall be in accordance with the grading plan approved by the City Engineer. 1. No construction or grading within the conservancy easement. J. No steepening of the natural slopes and walk-out levels meet natural grade. No more than a 20 foot wide construction area on the lower ground elevation. K. Engineered design for footing, foundation, and retaining walls. L. For Lots 1 -4, Block One and Lots 1 -4, Block Two, houses must be designed with a roof drain system designed to take storm water runoff towards the storm sewer system within the proposed road as depicted on Exhibit B. 5. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to the release of the final plat, Developer shall submit a Conservation Easement for review and approval by the Director of Parks, Recreation and Natural Resources as shown on Exhibit B. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer shall deliver and record the Conservation Easement in the Hennepin County Recorder's/Registrar's Office and shall provide evidence of the recording of Conservation Easement prior to the release of the first building permit. 6. DEDICATION OF PARK LAND: Developer agrees to dedicate Outlots A and B to the City free and clear of all liens, encumbrances, mortgages for park purposes. The size of the Outlot area to be dedicated to the City must include the land area necessary for the wetland trail as shown on Exhibit B. The dedication of Outlots A and B to the City shall occur prior to the release of the final plat. 7. FINAL GRADING AND EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineers approval of a Final Grading Erosion Control Plan for the Property. Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. 8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the property, Developer shall submit to the City Forester and receive the City Forester's approval of a plan depicting the construction grading limits on the Property. Prior to the issuance of a land alteration permit, Developer shall place a construction fence at the limits of the proposed grading as shown on Exhibit B. Developer shall notify the City and Watershed District 48 hours in advance of grading so that the construction limit fence may be field inspected. 9. IRRIGATION PLAN: Developer shall submit to and obtain the City Planner's approval of a plan for irrigation of the landscaped areas on proposed Lot 3 as shown on Exhibit B attached hereto. Developer agrees that concurrent with construction of homes on the Property, Developer will implement, the approved irrigation plan, in accordance with the terms and conditions of Exhibit C, attached hereto. 10. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. Said landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 150 % of the cost of said improvements as required by City code. Upon approval by the City, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 11. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. TIt. N-CZ Upon approval by the Chief Building Official, Developer agrees to implement the approved retaining wall plan, as approved by the Chief Building Official, concurrent with the grading, street, and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 12. SIDEW ALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for grading or 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 sidewalks and trails to be constructed on the Property. Said sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located on the south side of Boulder Pointe Road. Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to construct, the approved sidewalks and trails, concurrent with street construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 13. CONSTRUCTION INGRESS AND EGRESS: Developer agrees that the construction ingress and egress for the Property, which includes grading, public improvements, home building, and all related activities, shall be limited to access from the east end of Boulder Pointe Road at the intersection with Mitchell Road. Developer shall insert such language into each development contract and/or purchase agreement and is responsible for enforcement of this restriction. In addition, two signs declaring that all "construction traffic use Boulder Pointe Road at Mitchell Road for ingress and egress" shall be supplied by the developer and placed at locations to be approved by the City Engineer. Upon approval by the City Engineer, developer agrees to install the construction ingress and egress signs prior to grading or construction on the Property. UfN-g EROSION CONTROL POLICY January 1, 1993 MISSION STATEMENT At any given time, Eden Prairie has a large amount of property denuded of vegetation with land alteration in progress. Erosion may result from ongoing construction activities such as road and highway projects, industrial, commercial, residential development, and individual house construction. These activities are prone to erosion, producing sediment that can infiltrate storm sewer systems, affect water quality, clog streets and sidewalks, and cause damage to property. The City Council has recognized the need and directed City staff to devise a comprehensive erosion control policy. The benefits of these controls can be realized in improved water quality, increased safety and monetary savings in clean up efforts. The City Council has directed the following Policy to be implemented: 1. All construction projects permitted by the City of Eden Prairie which result in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual, Protecting Water Quality In Urban Areas, to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours. 3. All erosion control systems must be maintained by the permittee in a functional condition until the completion of turf and/or structural surfaces which protect the soil from erosion. The permittee must inspect erosion control bi-weekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the permittee shall immediately develop a clean up and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the clean up and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the permittee shall TIrN-\<J · remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate. Permittee shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When a permittee fails to conform to' any provision of this policy within the time stipulated in a written notification, the City Engineer or the Director of Inspections may take the following actions: a. Withhold the scheduling of inspections andlor the issuance of a Certificate of Occupancy. b. Direct the correction of the deficiency by City personnel or separate contract. The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs incurred by the City in correcting erosion control deficiencies shall be reimbursed by the permittee. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1 % per month. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 to challenge the amount or validity of the assessment. 1, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated January 1, 1993 as set forth and agree to fully comply therewith to the satisfaction of the City of Eden Prairie, Minnesota. Applicant's Name (Please Print) 7') • J'-' / Date 5-2--/Cf9~ <£../~.(/A..IIf u .... S"~ •• Applicant's Signature ~/ p Applicant's Title pres. Office Phone No. 5?j -7i' zz... Mobile No. 2 70 ¥~2.-sL Home No.4.3S 2"88 Development Name: Lot: Block: II-p NN-\\ CONSERV ATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT, ma~e this ~ day of ()M1 , 19~s'" . by and between L(/~A;' (1~5,Lr<.<'c-,L ... ~ , ~ #t/HN~QI--C1</f/Z./"''''"It ..... hereinafter referred to as "grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor has platted the Property into a subdivision entitled 5au/&/Z £c4~ Ir/-ff; and, > WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the subdivision as described in Exhibit A, hereinafter referred to as the "Easement Area", attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns an easement in, under, on, and over the conservancy/scenic easement area, referred to as "the easement area," and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the easement area: A. The easement area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted upon the easement area and no trees, shrubs, or other vegetation shall be removed from the easement area without the prior written consent of the City. B. No building, road, sign, billboard, utility, or other man-made structure shall be placed in the easement area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the easement area without the prior written consent of the City. IT N -\'2- D. No change in the general topography of the easement area landscape, including, but not limited, to excavation, dredging, movement, or removal of soil, shall be allowed without the prior written consent of the City. E. The duration of the easement is perpetual. F. With respect to the easem~nt area, Developer represents and warrants as follows: 1) That Developer has marketable title free and clear of all liens, encumbrances and mortgages. 2) That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the easement area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat, Sec. II5B.OI, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); 3) That to the best of Developer's knowledge, Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the easement area, any Hazardous Substances; 4) That to the best of Developer's knowledge, no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the easement area any Hazardous Substances; Developer agrees to indemnify and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the easement area by Developer, its employees, agents, contractors or representatives. 3. Grantor agrees to maintain the easement area subject to the provisions stated herein. 4. This easement shall bind and inure to the benefit of the parties, their successors, and assigns. 5. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the easement area. TIr N-13 BOULDER RIDGE OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN LUNSKI CONSTRUCTION AND TilE CITY OF EDEN PRAIRIE TIlIS AGREEMENT, made and entered into as of N.-9~ ;z. , 19t[, by and between Virgil Sieffert, an individual, hereinafter referr 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 Rl-13.5 and RM-6.5 Districts, as more fully described in that certain Developer's Agreement entered into as of S" -z... , 199.)0>y and between Lunski Construction, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Lunski Construction, 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. rr N -\L\ DATE: 05/09/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV.O&P SECTION: Consent Calendar DEPARTMENT: Engineering Division Rodney W. Rue ITEM DESCRIPTION: Cooperative Construction Agreement and with MnDOT and Plans and Special Provisions for Technology Drive from Purgatory Creek to Prairie Center Drive Recommended Action: Motion to approve resolutions approving plans and special provisions, as well as the cooperative construction agreement for the relocation of Technology Drive between Purgatory Creek and Prairie Center Drive. Overview: The reconstruction and relocation of Technology Drive, near Prairie Center Drive, is necessary in order to accommodate the future construction of the Trunk Highway 212/Prairie Center Drive interchange, as well as the transit hub site at the intersection of Technology Drive and Prairie Center Drive. Primary Issues: Currently, Technology Drive is primarily a two-lane rural roadway on a previously corrected (surcharged) subgrade. In order to relocate Technology Drive and widen to a four-way section on its new alignment, a large amount of subgrade correction is necessary ($2.2 million). The City's share of this sub grade correction is 9 %, which represents the percentage of sub grade correction beyond what was originally corrected with the current Technology Drive alignment. The City will also be paying a pro-rated share of surfacing costs to widen the roadway from a two-lane to a four-lane urban section. In addition, a new 20 inch watermain and relocated trunk sanitary sewer line are included in the project. The City is paying 100% of the watermain costs and about $4,000 for our share of the sanitary sewer relocation cost. Financial Issues: This project has an estimated total City share of $632,494. The new watermain and relocated trunk sewer costs (estimated at $348,022) are proposed to be financed by the Trunk Fund. The City'S share of the subgrade correction and roadway improvement costs (estimated at $284,472) are proposed to be financed by the Tax Increment Fund. We hereby recommend approval of these plans and special provisions for Technology Drive, as well as approval of Cooperative Construction Agreement No. 73494P in the estimated amount of $632,494. I JI, 0 q ~ / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ApPROVE COOPERATIVE CONSTRUCTION AGREEMENT FOR TECHNOLOGY DRIVE FROM INPLACE TECHNOLOGY DRIVE (NEAR PURGATORY CREEK) TO PRAIRIE CENTER DRIVE. WHEREAS, the Minnesota Department of Transportation has prepared plans for the reconstruction of Technology Drive from inplace Technology Drive (near Purgatory Creek) to Prairie Center Drive, within the corporate boundaries of the City of Eden Prairie; WHEREAS, a cooperative construction agreement has been prepared which identifies the maintenance and financial obligations for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said Cooperative Construction Agreement No. 73494P for State Project No. 2762-14 (T.H.212=121) is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on May 9, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ApPROVE PLANS AND SPECIAL PROVISIONS FOR TECHNOLOGY DRIVE FROM INPLACE TECHNOLOGY DRIVE (NEAR PURGATORY CREEK) TO PRAIRIE CENTER DRIVE. WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared plans, special provisions and specifications for the reconstruction of Technology Drive, within the corporate limits of the City of Eden Prairie, from inplace Technology Drive (near Purgatory Creek) to Prairie Center Drive; and seeks approval thereof; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said plans and special provisions for State Project No. 2762-14 (T.H.212=121), Federal Project DPR 0091(002) are hereby approved. BE IT FURTHER RESOLVED that the City agrees to provide the enforcement for the prohibition of on-street parking on those portions of said State Project No. 2762-14 (T.H.212= 121) with its corporate limits. ADOPTED by the Eden Prairie City Council on May 9, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk IV-CJ rtf, 3 DESIGN SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT AGREEMENT NO. 73494P S.P. 2762-14 (T.H. 212=121) Fed. Proj. DPR 0091 (002) Agreement between The State of Minnesota Department of Transportation, and The city of Eden Prairie Re: City cost grading, surfacing and water main construction by the State on Technology Dr. at Prairie Center Dr. AMOUNT ENCUMBERED (None) ESTIMATED AMOUNT RECEIVABLE $632,493.99 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the city of Eden Prairie, Minnesota, acting by and through its City council, hereinafter referred to as the "City". 73494P WITNESSETH: WHEREAS the state is about to perform grading, surfacing, storm sewer, water main and sanitary sewer construction and other associated construction upon, along and adjacent to Technology Drive from Engineer station 73+72.78 (inplace Technology Drive) to Engineer Station 96+46.35 (Prairie Center Drive) within the corporate City limits in accordance with state plans, specifications and/or special provisions designated as state Project No. 2762-14 (T.H. 212=121) and in the records of the Federal Highway Administration as Minnesota Project DPR 0091 (002); and WHEREAS the City has expressed its willingness to participate in the costs of the grading, surfacing and water main construction and associated construction engineering as hereinafter set forth; and WHEREAS Minnesota Statute Section 174.02, subdivision 6 (1994) authorizes the Commissioner of Transportation to enter into agreements with other governmental entities for construction, engineering and administration or other means of providing transportation related services to promote efficiencies in providing governmental services. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I -CONSTRUCTION BY THE STATE section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 2762-14 (T.H. 212=121) in accordance with State plans, specifications and/or special provisions which are on file in the office of the Commissioner of Transportation at st. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. 2 I i/. 0 II. {" ... 73494P section B. Direction and Supervision of Construction The state shall direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction shall be performed in compliance with the approved plans, specifications and/or special provisions. section C. Plan Changes, Additional Construction. Etc. The state shall make changes in the plans and/or contract construction, which may include the city cost participation construction covered under this agreement, and shall enter into any necessary addenda, change orders and/or supplemental agreements with the state's contractor which are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the state's Metropolitan Division Engineer at Roseville or his authorized representative will inform the appropriate city official of any proposed addenda, change orders and/or supplemental agreements to the construction contract which will affect the city cost participation construction covered under this agreement. section D. Satisfactory completion of Contract The state shall perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. ARTICLE II -INSPECTION BY THE CITY The city cost participation construction covered under this agreement shall be open to inspection by the City. If the City believes the City cost participation construction covered under this agreement has not been properly performed or that the construction is defective, the City shall inform the state Division Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the state. The state shall have the exclusive right to determine whether the City cost participation 3 73494P construction covered under this agreement has been satisfactorily performed by the state's contractor. ARTICLE III -BASIS OF PAYMENT BY THE CITY Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" is attached hereto and made a part hereof by reference. The Preliminary SCHEDULE "I" includes all anticipated City cost participation construction items and the construction engineering cost share covered under this agreement, and is based on engineer's estimated unit prices. section B. City Cost participation Construction The City shall, at the percentage indicated, participate in the following construction to be performed upon, along and adjacent to Technology Drive from Engineer station 73+72.78 (inplace Technology Drive) to Engineer station 96+46.35 (Prairie center Drive) within the corporate City limits under state Project No. 2762-14 (T.H. 212=121). The construction includes the City's proportionate share of item' costs for mobilization, field laboratory and traffic control. 100 Percent shall be the rate of cost participation in 175 linear feet of item number 2503.511 18" PVC PIPE SEWER and all of the water main construction. The construction includes, but is not limited to, those construction items as described and tabulated on Sheet No. 2 of the attached Preliminary SCHEDULE "I". 31 Percent shall be the rate of cost participation in the construction to be performed under the following item numbers: 2105.522 2211.503 2340.508 2340.510 2340.514 2357.502 SELECT GRANULAR BORROW (LV) AGGREGATE BASE (CV) CLASS 6 TYPE 41 WEARING COURSE MIXTURE TYPE 41 BINDER COURSE MIXTURE TYPE 31 BASE COURSE MIXTURE BITUMINOUS MATERIAL FOR TACK COAT 4 IV.Olt 7 73494P The construction includes, but is not limited to, those construction items as described and tabulated on Sheet No. 3 of the attached Preliminary SCHEDULE "I". 9 Percent shall be the rate of cost participation in the construction to be performed under the following item numbers: 2105.505 2105.521 MUCK EXCAVATION GRANULAR BORROW (LV) The construction includes, but is not limited to, those construction items as described and tabulated on Sheet No. 4 of the attached Preliminary SCHEDULE "I". section c. construction Engineering costs The city shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the city participation construction covered under this agreement. section D. Addenda, Change Orders and supplemental Agreements The city shall share in the costs of construction contract addenda, change orders and/or supplemental agreements which are necessary to complete the city cost participation construction covered under this agreement. section E. settlements of Claims The city shall pay to the State its share of the cost of any settlements of contract claims made with the State's contractor. All liquidated damages assessed the State's contractor in connection with the construction contract shall result in a credit shared by the State and the city in the same proportion as their total construction cost share covered under this agreement is to the total contract construction cost before any deduction for liquidated damages. 5 73494P ARTICLE IV -PAYMENT BY THE CITY section A. Estimate and Advancement of the city's cost Share It is estimated that the City's share of the costs of the contract construction plus the 8 percent construction engineering cost share is the sum of $632,493.99 as shown in the attached Preliminary SCHEDULE "I". Upon award of the construction contract the State shall prepare a Revised SCHEDULE "I" based on construction contract unit prices. The City shall advance to the Commissioner of Transportation the City's total estimated cost share as shown in the Revised SCHEDULE lilli, be it more or less than the sum of $632,493.99, after the following conditions have been met: 1. Execution and approval of this agreement and the state's transmittal of same to the City along with a copy of the Revised SCHEDULE "I". 2. Receipt by the City of a written request from the State for the advancement of funds. All monies advanced by the City shall be placed by the State in an account hereinafter referred to as the "Advancement Account". Monies in the Advancement Account shall be used solely for the purpose of making payments to the contractor for the City's share of the Technology Drive construction. If, at any time, the total estimated cost of the City's share of the remaining Technology Drive construction, including contract changes, exceeds the amount remaining in the Advancement Account, the City shall, upon receipt of a request from the State, promptly pay the additional amount to the State. 6 73494P section B. Final payment by the City Upon completion and acceptance of the contract construction and upon computation of the final amount due the state's contractor, the state shall prepare a Final SCHEDULE "I" based on final quantities of City cost participation construction performed, and shall submit a copy to the City. If the final cost of the City participation covered under this agreement exceeds the amount of funds advanced by the City, the City shall, upon receipt of a request from the State, promptly pay the difference to the state without interest. If the final cost of the City participation covered under this agreement is less than the amount of funds advanced by the City, the State shall promptly return the balance to the City without interest. Pursuant to Minnesota Statute section 15.415 (1994), the State waives claim for any amounts less than $2.00 over the amount of City funds previously advanced to the State, and the City waives claim for the return of any amounts less than $2.00 of those funds advanced by the city. section C. Acceptance of City's Cost and Completed Construction The computation by the state of the amount due from the City shall be final, binding and conclusive, but the State shall provide the City with the opportunity to review the computations for the City cost participation items described in this document. Prior to final acceptance of the completed construction, the city shall be allowed the opport~nity to inspect the completed construction of those facilities to be owned and maintained by the City and to make recommendations to the State as to possible revisions; however acceptance by the state of the completed contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. 7 IV,ot/f.IO ARTICLE V -GENERAL PROVISIONS section A. Plan Changes 73494P The city may request changes in the plans. If the state determines that the requested plan changes are necessary and/or desirable, the state will cause those plan changes to be made. section B. Replacement of castings Except where new casting assemblies are provided for in the construction plan, the City shall furnish the state's contractor with new castings and/or parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the state or the state's contractor, except for replacement of castings and/or parts broken or damaged by the state's contractor. section C. utility Permits The City shall, without cost or expense to the state, obtain all construction permits and/or any other permits and sanctions that may be required in connection with the sanitary sewer and water main construction, including, but not limited to, any necessary wetland permits, and shall promptly furnish the state with certified copies of the documents for those construction permits and/or other permits and sanctions. The City, through the state, shall submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, pursuant to Minnesota statute section 115.07 (1994) or Minnesota Rule 7001.1030, subpart 2C (1993), either a permit or written waiver from that agency for that construction or reconstruction to be performed by others under the construction contract. When the Minnesota Pollution Control Agency issues that permit or waiver, the City will promptly furnish the state a copy of that permit or waiver so that the construction or reconstruction may be performed by the state's contractor. The city 8 73494P is advised that pursuant to Minnesota Rule 7001.1040 (1993), a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. section D. Maintenance by the city Upon satisfactory completion of the Technology Drive construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway and all of the expense to the state. Technology Drive until facilities a part thereof, without cost or The City shall also maintain the existing the new Technology Drive is open to traffic. Upon satisfactory completion of the storm sewer facilities and City-owned facilities construction to be performed within the corporate city limits under the construction contract, the City shall provide for the proper maintenance of those facilities, without cost or expense to the state. Upon satisfactory completion of the walkways construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the walkways, without cost or expense to the state. section E. Additional Drainage Neither party to this agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the state's Division Hydraulics unit at Golden Valley and is made a part hereof 9 73494P by reference with the same force and effect as though fully set forth herein. section F. Future Responsibilities Upon satisfactory completion of the Technology Drive construction to be performed within the corporate City limits under the construction contract, the City shall thereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and/or reconstruction of Technology Drive and all of the facilities a part thereof constructed hereunder, without cost or expense to the state. section G. Release and Conveyance of Roadways The state shall, upon satisfactory completion of the Technology Drive construction and all of the facilities a part thereof constructed within the corporate City limits under the construction contract, serve upon the city a "Notice of Release" placing that roadway portion under the jurisdiction of the city; and subsequent thereto, after all necessary and required documents have been prepared and processed, the state shall convey to the City all right, title and interest of the state in that roadway portion. Upon receipt of that "Notice of Release", the city shall become" the road authority responsible for the roadway portion so released. Upon satisfactory completion of the Technology Drive construction and all of the facilities a part thereof constructed within the corporate City limits under the construction contract, the city shall vacate the roadway easement for that portion of the existing Technology Drive roadway which will be replaced by the new construction and shall place that roadway portion under the jurisdiction of the state; and subsequent thereto, after all necessary and required documents have been prepared and processed, the City shall convey to the state all right, title and interest of the city in that roadway portion. The state shall then become the road authority responsible for the roadway portion so vacated. 10 /11_ odte t3 73494P section H. Future Use of Technology Drive by the state During the construction of Trunk Highway No. 212, which will be perfo~ed by the state under a future construction contract, the state shall have the right to use that portion of Technology Drive which will be constructed under state Project No. 2762-14 (T.H. 212=121) to detour Prairie Center Drive traffic, at no cost or expense to the state. section I. Examination of Books, Records, Etc. As provided by Minnesota statute section 16B.06, subdivision 4 (1994), the books, records, documents, and accounting procedures and practices of the state and the City relevant to this agreement are subject to examination by the state and the City, and either the legislative auditor or the state auditor as appropriate. section J. Claims All employees of the state and all other persons employed by the state in the performance of contract construction and/or construction engineering covered under this agreement shall not be considered employees of the City. All claims that arise under the Worker's Compensation Act of the state of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction and/or construction engineering covered under this agreement shall in no way be the obligation or responsibility of the city. All employees of the City and all other persons employed by the city in the performance of maintenance covered under this agreement shall not be considered employees of the state. All claims that arise under the Worker's Compensation Act of the state of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on maintenance covered under this 11 J V· o~f. 11 73494P agreement shall in no way be the obligation or responsibility of the state. section K. Nondiscrimination The provisions of Minnesota statute section 181.59 (1994) and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. section L. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of state and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. 12 I' 1/1, (j ~ I. ,~ 73494P IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF EDEN PRAIRIE Recommended for approval: By ~ ;2 ~ ¥-Z7-95 PJ's Director Design Services section By __________ ~~-------------- Mayor Date By Division Engineer By ________ ~~~~------------city Manager Approved: Date By ____ ~~--=-~--~~~-------State Design Engineer DEPARTMENT OF ADMINISTRATION Approved: Date ------------~--------------(Date of Agreement) By (Authorized Signature) OFFICE OF THE ATTORNEY GENERAL Date Approved as to form and execution: DEPARTMENT OF FINANCE By Assistant Attorney General Approved: By ______ ~~~~~--~--~--- (Authorized Signature) Date 13 ----- PRELIMINARY SCHEDULE 11111 Aqreement No. 73494P city of Eden Prairie Preliminary: April 27 1995 S.P. 2762-14 (212=121) Fed. Pro;. DPR 0091 (002) Gradinq surfacinq and water main construction performed under State Contract No. with located on Technoloqy Dr. at Prairie center Dr. CITY COST PARTICIPATION NON FEDERAL AID From Sheet No. 2 $322 254.00 From Sheet No. 3 56 841.06 .... From Sheet No. 4 206 547.52 , Subtotal S585 642.58 ~ Construction Enqineerinq (8%) 46 851.41 ~ Total $632 493.99 :\ .... - 1 - 73494P ---- ITEM I S.P. 2762-14 I UNIT I QUANTITY I UNIT PRICE I COST NUMBER WORK ITEM (1 ) (1) 2021.501 MOBILIZATION LUMP SUM .09 100 000.00 9 000.00 2031. 503 FIELD LABORATORY TYPE OX EACH .09 3 500.00 315.00 2503.511 18 11 PVC PIPE SEWER LIN FT 175.00 25.00 4 375.00 0504.602 CONNECT TO EXISTING WATER MAIN EACH 1. 00 'I 500.00 1 500.00 0504.602 HYDRANT EACH 6.00 1 500.00 9 000.00 0504.602 20" X 16 11 REDUCER EACH 1. 00 400.00 400.00 0504.602 8 11 PIPE PLUG EACH 2.00 100.00 200.00 0504.602 20 11 PIPE PLUG EACH 1. 00 200.00 200.00 0504.602 8 11 PIPE BEND 11. 25 DEGREE EACH 1. 00 100.00 100.00 0504.602 20 11 PIPE BEND 11.25 DEGREE EACH 8.00 500.00 4 000.00 0504.602 20 PIPE BEND 22.5 DEGREE EACH 5.00 500.00 2 500.00 0504.602 10 X 1011 TEE FITTING EACH 1. 00 300.00 300.00 0504.602 20 X 6 11 TEE FITTING EACH 6.00 700.00 4 200.00 0504.602 20 X 8 11 TEE FITTING EACH 2.00 700.00 1 400.00 0504.602 20 X 1011 TEE FITTING EACH 1. 00 700.00 700.00 ....... 0504.602 BUTTERFLY GATE VALVE AND BOX 2 000.00 ~ 20 EACH 1. 00 2 000.00 ~ 0504.602 6 11 GATE VALVE AND BOX EACH 6.00 425.00 2 550.00 G. 0504.602 8 11 GATE VALVE AND BOX EACH 2.00 525.00 1 050.00 ~ 0504.602 1011 GATE VALVE AND BOX EACH 1. 00 850.00 850.00 ..... 0504.602 16 11 TAPPING VALVE AND BOX EACH 1. 00 2 000.00 2 000.00 "'Q. 0504.602 AIR RELEASE VALVE WITH MANHOLE EACH 1. 00 2 300.00 2 300.00 0504.602 16 11 X 16 11 WET TAP EACH 1. 00 3 000.00 3 000.00 0504.602 16 11 X 16" TAPPING SLEEVE EACH 1. 00 600.00 600.00 0504.603 6" WATER MAIN -DUCTILE IRON CL 52 LIN FT 107.00 20.00 2 140.00 0504.603 8 11 WATER MAIN -DUCTILE IRON CL 52 LIN FT 168.00 23.00 3 864.00 0504.603 10" WATER MAIN -DUCTILE IRON CL 52 LIN FT 40.00 25.00 1 000.00 0504.603 20" WATER MAIN -DUCTILE IRON CL 52 LIN FT 2 800.00 70.00 196 000.00 0504.603 36 11 STEEL CASING PIPE LIN FT 100.00 150.00 15 000.00 0504.603 36" STEEL CASING PIPE (JACKED) LIN FT 200.00 225.00 45 000.00 i 0504.603 PLASTIC FILM WRAP LIN FT 3 130.00 2.00 6 260.00 0563.601 TRAFFIC CONTROL LUMP SUM .09 5 000.00 450.00 TOTAL $322 254.00 (1) 100% CITY -$322,254.00 - 2 - ..... ~ ~ ~ ~ . ........ ~ L. ITEM I NUMBER 2021. 501 2031. 503 2105.522 2211.503 2340.508 2340.510 2340.514 2357.502 0563.601 ------- (P) = PLAN QUANTITY --------- S.P. 2762-14 I UNIT WORK ITEM MOBILIZATION LUMP SUM FIELD LABORATORY TYPE OX EACH SELECT GRANULAR BORROW (LV) CU YO AGGREGATE BASE (CV) CLASS 6 (P) CU YD TYPE 41 WEARING COURSE MIXTURE TON TYPE 41 BINDER COURSE MIXTURE TON TYPE 31 BASE COURSE MIXTURE TON BITUMINOUS MATERIAL FOR TACK COAT GALLON TRAFFIC CONTROL LUMP SUM (2) 69% STATE -$126 517.19 31% CITY --S56.841.06 . '. - 3 - 73494P I QUANTITY I UNIT PRICE I COST (2) (2) .05 100 000.00 5 000.00 .05 3 500.00 175.00 11 652.00 4.00 46 608.00 3 092.00 10.00 30 920.00 1 521. 00 17.00 25 857.00 1 521. 00 15.00 22 815.00 3 176.00 16.00 50 816.00 1 223.00 .75 917.25 .05 5 000.00 250.00 TOTAL S183 358.25 , I j i ..... ::::: ::J ~ ~ " .... ITEM I NUMBER 2021.501 2031. 503 2105.505 2105.521 0563.601 (P) = PLAN QUANTITY S.P. 2762-14 I UNIT WORK ITEM MOBILIZATION LUMP SUM FIELD LABORATORY TYPE OX EACH MUCK EXCAVATION (P\ CU YO GRANULAR BORROW (LV\ CU YO TRAFFIC CONTROL LUMP SUM (3\ 91% STATE -$2 088 424.98 9% CITY --$206 547.52 .. - 4 - 73494P I QUANTITY I UNIT PRICE I COST (3) (3) .67 100 000.00 67.000.00 .67 3 500.00 2 345.00 227 445.00 3.50 796 057.50 356.555.00 4.00 1 426 220.00 .67 5 000.00 3 350.00 TOTAL $2 294 972.50 I I I DATE: 05/09/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV.Q SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division I.C. No. 95-5373: Kimberly Lane Sanitary Sewer Reconstruction Mary Krause Recommended Action: Approve plans and specifications and order advertisement for bids for the reconstruction of 232 feet of 8" sanitary sewer through Lots 6 and 7, Block 3, the Ridge 2nd Addition, adjacent to Kimberly Lane. Overview: In October, 1994, Rottlund Homes completed construction of a new segment of sanitary sewer connecting to existing sanitary sewer within the Ridge 2nd Addition. This sewer connection completed by Rottlund Homes would allow the abandonment of an existing sewage pumping station in Kimberly Drive serving the Ridge 2nd Addition. It was discovered, however, that 232 feet of sanitary sewer constructed by the developer of the Ridge 2nd Addition, needed for the planned lift station abandonment, sloped in the wrong direction. To complete the abandonment of the lift station, this segment of sanitary sewer must be reconstructed. Primary Issues: It will be in the best interest of the City to reconstruct this segment of sanitary sewer to allow the abandonment of the temporary lift station in Kimberly Lane. The residents on Lots 6 and 7, Block 3, Ridge 2nd Addition who will be inconvenienced by the construction activity, desire that the work proceed this spring to allow them to proceed with additional landscaping plans on their property. This segment of sanitary sewer was constructed privately by the developer of the Ridge 2nd Addition. The record drawings presented to the City by the developer at time of acceptance of this segment of sanitary sewer indicate the sewer slopes correctly to accommodate the abandonment of the temporary lift station. The defect in the sanitary sewer discovered last October, may be a breach of the development agreement for the Ridge 2nd Addition. Financial Issues: It is anticipated the cost to reconstruct this segment of sanitary sewer will be approximately $40,000. In addition, there will be engineering and administrative expenses incurred by the City. Reconstruction costs will be paid for under the trunk utility fund. In the long run, these costs are significantly less than the cost to maintain the temporary lift station. The City may recover all or a portion of these costs through the development agreement. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 95-5373 -Kimberly Lane Sanitary Sewer Reconstruction and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for one week, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., Tuesday, May 23, 1995, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, May 23, 1995, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5 % (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on May 9, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk //I.(),'l LANG, PAULY & GREGERSON, LTD. ROBERT l LANG ROGER A. PAULY DA V\D H. GREGERSON' RICHARD F. ROSOW MARK J. JOHNSON JOSEPH A. NILAN JOHN W. LANG" SUSAN M. LACH'" WIUJAM R. MILlER TODD A. SATTLER JENNIFER M. INZ "Also :\e::i:t"d in Wj~otlSin •• AJso a Certified Public ACCOlDltant ••• Also Admitted in Colorado Dan Carlson Eden Prairie Police 8080 Mitchell Road ATTORNEYS AT LAW FIRST BANK PLACE 1600 IBM PARK BUILDING 650 THIRD A VENUE SOUTH MINNEAPOLIS, MINNESOTA 55402-4337 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 May 1, 1995 EDEN PRAIRIE OFFICE SUITE 370 250 PRAIRIE CENTER DRIVE EDEN PRAIRIE. MINNESOTA 55344 TELEPHONE: (612) 829-7355 FAX: (612) 829-ll713 REPLY TO MINNEAPOUS omCE Eden Prairie, MN 55344-2230 RE: Ordinance 2.32 Dear Dan: Enclosed please find a copy of an amendment to Ordinance 2.32 adding Park Ranger and Community Center Operations Supervisor to the list of individuals who are authorized to issue citations. I understand that you will see that this item is placed on the Council agenda for May 9, 1995. RFR Enclosure cc: Robert Lambert rfrlep\ordinance\carlson l.ltr Very truly yours, LANG, PAULY & GREGERSON, LTD. BY4~ RiChd F. ROSW CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.32, RELATING TO THE ISSUANCE OF CITATIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The City Code is amended by adding to Section 2.32 the following: "33. Park Ranger 34. Community Center Operations Supervisor" Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 9th day of May 1995, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of _____________ , 1995. City Clerk Mayor PUBLISHED in the Eden Prairie News on the ____ __ day of _____________________ , 1995. f:\rfr\ordinance\ordvs.232 Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember __ ----' __ RESOLUTION AIJTHORIZING ISSUANCE AND SALE OF $1,685,000 GENERAL OBUGATION BUILDING REFUNDING BONDS, SERIES 1995A BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the City to issue its General Obligation Building Refunding Bonds, Series 1995A, in the approximate aggregate principal amount of $1,685,000 (subject to adjustment as provided in the Terms of Proposal) (the Bonds), pursuant to Minnesota Statutes, Chapter 475, to refund the 1998 through 2008 maturities of the $2,300,000 General Obligation Building Bonds, Series 1986, dated December 1, 1986. Section 2. Terms of Proposal. Springsted Incorporated, financial consultant to the City, has presented to this Council forms of Terms of Proposal for the Bonds which are attached hereto and hereby approved and shall be placed on file by the Finance Director/Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated, as independent financial advisers, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit bids for the Bonds on behalf of the City on a negotiated basis. Section 3. Sale Meeting. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering sealed bids for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Upon vote being taken thereon, all members voted in favor thereof, whereupon the resolution was declared duly passed and adopted. Adopted by the Eden Prairie City Council this 9th day of May 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,685,000* CITY OF EDEN PRAIRIE, MINNESOTA GENERAL OBLIGATION BUILDING REFUNDING BONDS, SERIES 1995A Proposals for the Bonds will be received on Tuesday, May 23, 1995, until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 PM., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated June 1, 1995, as of the date of original issue, and will bear interest payable on March 1 and September 1 of each year, commencing March 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature March 1 in the years and amounts as follows: 1998 $115,000 1999 $115,000 2000 $135,000 2001 $135,000 2002 $135,000 2003 $155,000 2004 $155,000 2005 $175,000 -i- 2006 $175,000 2007 $195,000 2008 $195,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $50,000 and will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION The City may elect on March 1, 2004, and on any day thereafter, to prepay Bonds due on or after March 1, 2005. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to refund the 1998 through 2008 maturities of the City's General Obligation Building Bonds, Series 1986, dated December 1, 1986. TYPE OF PROPOSALS Proposals shall be for not less than $1,666,465 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $16,850, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City sCheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. -ii - The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sale option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for aSSignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney P.L.L.P. of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser'S non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other -iii - information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 70 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. -iv- BY ORDER OF THE CITY COUNCIL lsi John Frane City Clerk Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember ___ _ RESOLUTION AUTHORIZlNG ISSUANCE AND SALE OF $3,275,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Refunding Bonds, Series 1995B, in the approximate aggregate principal amount of $3,275,000 (subject to adjustment as provided in the Terms of Proposal) (the Bonds), pursuant to Minnesota Statutes, Chapter 475, to refund the 1998 through 2004 maturities of the $9,800,000 General Obligation Improvement Bonds, Series 1988A, dated December I, 1988. Section 2. Terms of Proposal. Springs ted Incorporated, financial consultant to the City, has presented to this Council forms of Terms of Proposal for the Bonds which are attached hereto and hereby approved and shall be placed on file by the Finance Director/Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated, as independent financial advisers, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit bids for the Bonds on behalf of the City on a negotiated basis. Section 3. Sale Meeting. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering sealed bids for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Upon vote being taken thereon, all members voted in favor thereof, whereupon the resolution was declared duly passed and adopted. Adopted by the Eden Prairie City Council this 9th day of May 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,275,000* CITY OF EDEN PRAIRIE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B Proposals for the Bonds will be received on Tuesday, May 23, 1995, until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of tbe Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated June 1, 1995, as the date of original issue, and will bear interest payable February 1 and August 1 of each year, commencing February 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1998 $640,000 1999 $580,000 2000 $520,000 2001 $460,000 2002 $400,000 -i- 2003 $340,000 2004 $335,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $50,000 and will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to refund the 1998 through 2004 maturities of the City's General Obligation Improvement Bonds, Series 1988A, dated December 1, 1988. TYPE OF PROPOSALS Proposals shall be for not less than $3,245,525 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $32,750, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. -ii - BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney P.L.L.P. of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 130 copies of -iii - the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. -iv- BY ORDER OF THE CITY COUNCIL /s/ John Frane City Clerk DATE: 05/09/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: JI, II SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Engineering Division Sunnybrook Road Street and Utility Improvements Alan Gray Recommended Action: Adopt resolution ordering the street and utility improvements to Sunnybrook Road (I.C. 94- 5363) as outlined in the Feasibility Study received by Council March 21, 1995 and direct the City Engineer to prepare detailed plans and specifications. Overview: Council authorized the feasibility study of Sunnybrook Road in June, 1994. The completed Feasibility Study was received by Council March 21, 1995 and a public hearing scheduled for April 18, 1995 and continued to May 9, 1995. The Feasibility Study proposes the installation of sanitary sewer, watermain, storm sewer and street improvements along a 1700-foot stretch of Sunnybrook Road benefitting 15 abutting properties. The total estimated project cost if $330,016. Financial Issues: As proposed in the Feasibility Study, the entire project cost would be assessed to the abutting benefitting properties. Abutting homesteaded lot units are proposed to be assessed approximately $14,970. If actual project costs exceed the preliminary estimates it is possible that unit assessments would exceed the current $15,000 cap established by Council policy resulting in a small City share for this project. In addition, the City will incur some interest expenses related to the portion of assessments excluded to the year 2001 in accordance with current assessment policy and related to deferred assessments as shown on the preliminary assessment roll. Details regarding the estimated project cost and proposed assessments may be found in the Feasibility Study and will be presented to Council at the public hearing May 9, 1995. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 21st day of March, 1995, fixed the 18th day of April, 1995 and continued to May 9, 1995, as the date for a public hearing on the following proposed improvements: I.C. 95-5363 (Sunnybrook Road Street & Utility Improvements) WHEREAS, ten days published notice of the Council Hearing through two weekly publications of the required notice was given and the hearing was held on the 18th day of April, 1995, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvements, with the assistance of R.C.M., Inc., consulting engineers. ADOPTED by the Eden Prairie City Council on May 9, 1995 Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk ----------------------------------------------- EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-9-95 SECTION: PUBLIC HEARINGS ITEM NO. V."B DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger WALNUT RIDGE Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for PUD District Review on 33.39 acres and Zoning District Change from Rural to RI-13.5 acres on 13.21 acres; • Adopt a Resolution for Preliminary Plat of 33.39 acres into 22 lots; • Adopt a Resolution for PUD Concept Review on 33.39 acres; Background: The Walnut Ridge proposal was reviewed by the Planning Commission at the April 10, 1995 meeting. The Planning Commission voted 6-0 to approve the project based upon the recommendations in the Staff Report dated April 7, 1995. Primary Issues: 1. Tree Loss: Tree Loss as calculated by the City Forester is 20 %. This is based on the total property, inclusive of the trees in the flood plain area. Tree loss for the Timber Bluffs project to the east is 15 % and tree loss for the Riverview Heights project to the west is 17 %. There is a large stand of pine trees on the Walnut Ridge property which is not subject to the Tree Ordinance because it is a state registered tree farm. According to code, all of these pine trees could be removed. The developer is proposing to keep 6,000 inches of pine trees on the property. This is a benefit to the project as it screens more of the housing units from the Minnesota River. V.B,-l 2. Density: The net density of this project is 1.49 units per acre. This compares with 1.3 units per acre for Timber Bluffs and 1.33 units per acre for Riverview Heights. Although the density is somewhat higher, less of the housing units on Walnut Ridge are visible from the Minnesota River than the adjoining projects because more tree cover is retained. Timber Bluffs has all of the housing units high on the Bluff and are visible from the Minnesota River. The amount of grading required to build a road on Riverview Heights removed more of the significant tree cover on the net area, exposing more of the homes for view from the Minnesota River. Net tree loss, excluding the pine trees in the Walnut Ridge project is 39%, as compared with 50% for Riverview Heights and 75 % for Timber Bluffs. 3. Archeological Site: There is an archeological site designated in the southwest comer of the property. The City is awaiting confirmation from the State Historical Society and the Minnesota Indian Affairs Council as to the status of this site. These agencies have verbally stated that pending a site investigation, they would be willing to move any contents of this site to another location on the property. We are expecting written confirmation from these agencies in time for the City Council meeting on Tuesday. 4. Pretreatment of Storm Water: A storm water pretreatment pond will be constructed on the lower portion of property . Supporting Reports: 1. Resolution for PUD Concept 2. Resolution for Preliminary Plat 3. Staff Report dated April 7, 1995 4. Planning Commission Approved Minutes of April 10, 1995 5. Correspondence \/. B. -~ , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. WALNUT RIDGE A RESOLUTION APPROVING THE PLANNED UNIT DEVEWPMENT CONCEPT OF WALNUT RIDGE FOR RESIDENTIAL DEVELOPMENT, INC. WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Walnut Ridge PUD Concept by Residential Development, Inc. and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on May 9, 1995; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Walnut Ridge, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated May 3, 1995. 3. That the PUD Concept meets the recommendations of the Planning Commission dated April 10, 1995. ADOPTED by the City Council of the City of Eden Prairie this 9th day of May, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk \1.8.-3 Exhibit A Walnut Ridge LEGAL DESCRIPTION The Eas t 667. 3 Feet Of Governmen t Lot4, And The East 667.3 Feet Of The Southeast 1./4 Of The Northeast 1./4, All In Section 3~ Township 1.1.~ Range 2a Hennepin County, MI nnesota. V.B.~4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. WALNUT RIDGE RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALNUT RIDGE FOR RESIDENTIAL DEVEWPMENT, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Walnut Ridge for Residential Development, Inc. dated May 3, 1995, consisting of 33.39 acres, a copy of which is on fIle at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 9th day of May, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk \}.B.-5 Appr-o'Ve& ~i .......... ~e.o;, • £d.~r'... Pr~i ... iQ.. PI",,,,., "J Cc"",""is)ioO'\. Pfr " I \ D I I q 9 S- B. WALNUT RIDGE by Residential Development, Inc. Request for PUD Concept Review on 33.39 acres, PUD District Review on 33.39 acres, Zoning District Change from Rural to Rl-13.5 on 13.21 acres and Preliminary Plat of33.39 acres into 22 lots and 2 outlots. Location: Riverview Road and Homeward Hills Road. Commissioner Schlampp indicated that he would be stepping down due to a conflict of interest. Rick Murray, developer, reviewed his project with the Planning Commission using visual aids. He noted that Staff has increased the tree loss by an additional percent. They are making good use of the topography by taking the 22 lots and fitting them in between the existing Hardwood trees. They have requested a PUD so they can cluster the homes. He commented that they would like to get started in July. They need three working weeks for grading, sewer, and water. The construction will take about three more weeks, and the road for construction about two weeks. Foote asked what the grade of the public road will be. Murray replied that it will be 8%. Franzen reviewed the Staff Report with the Planning Commission. He reviewed the archeological survey, and explained how Staff made the 8 % road grade work. He noted that Staff revised the tree loss calculation from 19 % to 20 % because of development impact, and in their experience, those trees near retaining walls, curbs or steep slopes, will probably die in a few years. He explained the alternate plan on the back of the Staff Report which shows how the burial mound could be preserved consistent with the State and Federal requirements for preservation. Staff recommends that the Planning Commission approve the project according to alternative #1. Scott Haynes. 10449 Huntington Drive. suggested that the access to the pond be considered a public access to the river because long-term plans are that there will be a trail along the river. He also expressed concern about the road right now because it's used by utility trucks to get to the gas pipes that go across the river, and also access for the power utilities. Franzen replied that with the approval of River Landing Phase 1 and 2, Red Oak Drive was vacated and the public access would be the River Landing Road. Along that road 3 a sidewalk will be built: There will be a trail that is constructed along the private drive to an easement and across the flood plain to the Minnesota River. That will provide public access for the residents and also the access for the utility vehicles, for the power line and also for the gas line. Haynes asked if the access is on the other development. Franzen responded that it is. Steve Fritski. 10488 Wimbledon Court, asked how much the new homes will cost, and asked for the developer's definition of a "rambler" home. Steve Schweiter, builder, responded that the cost of the lots range from $120,000 to $130,000. Product costs, including the lots, start at about $435,000 to $450,000 and up. The homes will be similar to the Village Wood's Homes. The square footage would start at about 2200 square feet. Jeff Sanderson. 10492 Wimbledon Court. asked what the chances are of these new homes being ramblers or ranch style homes, versus two stories. Steve Schweiter, replied that their lots are totally ramblers . .. Sanderson asked if the builder would put that in writing. Steve Schweiter responded that they need to have flexibility in case someone wants a two story. Sanderson expressed concern that if two story homes are put up, it will block the view and decrease the value of the existing homes. \ Mary Campion. residing at 11320 Riverview Road. expressed concern about the rul1- off. Murray replied that as part of the Riverview Heights project they installed a sewer and added more catch basins. There will be no additional water going towards Riverview Road. There won't be an impact on the upper part of the street of Riverview Road. Laura Blumel, 10450 Riverview Road, expressed concern about what public property will exist as a result of this development, and about preserving the property by the river for the wildlife. Murray showed the public access locations, trails and the easement on the map. He said that there will be a homeowner's association and the lots themselves will be owned by the individuals. The roadways, private roadways, driveways, exterior maintenance and the landscaping will all be taken care of by the association. The association will control the trails. Blumel expressed concern about variances being needed. Kardell replied that there is a variance for the use of the private drive which is always the case, and there are two lots that do not have the required frontage on the cul-de-sac. 4 V.B.-7 Mary Campion, residing, at 11320 Riverview Road, expressed concern about the rationale regarding the abandonment of Red Oak Drive. She is also concerned about the public access to the river and to the power and gas lines. Franzen responded that Red Oak Drive was abandoned because the natural steepness of that grade would not permit a public road at an 8 % grade without significantly impacting the Bluff. The developer will be building a sidewalk all the way down to the limits of the public road, and there will be a trail to the flood plain of the river. Ismail questioned the distance between the nearest residential house on the river, and the development of houses between the river and the first house. Murray replied that it's 900 feet. Wissner asked where the previous development of single story homes were located. Steve Schweiter responded Shelter Road Creek Knolls area where they built 13 ramblers from $365,000 to $425,000. Wissner expressed concern about having the Fire Marshal's approval on the priyate road coming off of Riverview. Murray replied that it meets the Fire Marshal's approval, and there is enough room for the fire trucks to get down there. Wissner asked how long the drop is from Riverview Road. Murray replied that it's approximately 200 feet long. Foote expressed concern about whether the association maintains all the yards as well as the streets. Murray responded that the public street is maintained by the association. The association maintains yards and snow removal, but do not maintain exterior maintenance. Wissner expressed concern about the density. Murray replied that they originally started with 27 units and worked down to 22 units because of the shapes of the lots. They put the houses on the property first and then looked where the lot lines were going, and the homes are placed where there is a minimal grade. Foote noted that it's a well designed plan, and is comfortable with the project. He is pleased about the small amount of tree loss. He expressed concern about Lot #9 in Block #2, that with the prices of these homes he's concerned about them being squeezed in. Murray replied that there is about 75 or 80 feet between the two houses. Kardell commented that she was concerned about the odd size of the lots, but is comfortable with the project now because there are only two lots that need a variance for frontage, tree loss is low, and density seems consistent with adjoining properties. Wissner noted to the public that there are two pages of rules that have to be followed as part of the recommendations. The City doesn't take it lightly to come into an area like 5 · this, and there are restrictions on individual permits to save trees and minimize erosion. Ismail asked staff to explain why a higher density can be supported on this site compareu to Timber Bluffs and Rivers Landing. Franzen responded that because of the clustering on units, more trees being saved in the developed area, and fewer homes built high on the Bluff, that less units are visible from the river. This site has 2 more units on a total site basis, but the other sites required more grading with homes sited above the tree line. If the site character was the same between the three projects, then staff would have recommended the removal of two units. MOTION 1: Wissner moved, seconded by Foote, to close the public hearing. Motion carried 5-0-1 with abstention by Schlampp. MOTION 2: Wissner moved, seconded by Ismail, to recommend to the City Council approval of the request for PUD Concept Review on 33.39 acres, PUD District Review on 33.39 acres, Zoning District Change from Rural to R1-13.5 on 13.21 acres and Pr~liminary Plat of 33.39 acres into 22 lots and 2 outlots based on plans dated April 7, 1995, and subject to the recommendations of the Staff Report dated April 7, 1995 . ... Motion carried 5-0-1 with abstention by ScWampp. v.8. -9 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner April 7, 1995 Walnut Ridge Rick Murray Ed and Lois Schlampp Riverview Road and Homeward Hills Road 1. PUD Concept Review on 33.39 acres. 2. PUD District Review on 33.39 acres. 3. Zoning District Change from Rural to R1-13.5 on 13.21 acres. 4. Preliminary Plat of 33.39 acres into 22 lots and 2 outlots. 1 v.B. -10 < CP Staff Report Walnut Ridge April 7, 1995 BACKGROUND The Minnesota River Bluff is a unique and valuable resource. Eden Prairie has always been concerned about the impact of development on the natural environment and has encouraged the careful and knowledgeable development of the Bluff. The City, by approving the Timber Bluff subdivision to the east and the Riverview Heights project to the west, considers Low Density Residential as an appropriate use of the Bluff. PLANNED UNIT DEVELOPMENT The Comprehensive Guide Plan depicts this site for Low Density land uses up· to 2.5 units per acre. Based on 33.39 gross acres, a total of 83 housing units are possible. The Guide Plan density represents the maximum density possible, but actual density permitted is based upon performance standards and consistency with City codes and ordinances. This project is 22 single family homes on 33.39 acres at a gross density of .66 units per acre. The net density based on 14.79 acres is 1.49 units per acre. The RI-13.5 Zoning District is requested. All of the lots meet the minImUm lot size requirement of 13,500 sq. ft. Lot sizes range from this minimum up to 54,000 sq. ft. with an average lot size of 25,616 sq. ft. Lots 2 and 3, Block 1, and Lots 1 -6, Block 2, do not have frontage on a public street as required by City code. This is a Planned Unit Development waiver. The City has allowed the use of a private road on the Timber Bluffs project and the Riverview Heights project to help minimize tree loss. Since the total tree loss as calculated by City staff is 20 % (average residential tree loss is 30 %) the use of private drive has merit. Lot 9, Block 2, does not meet the minimum 85 foot frontage requirement. Lot 11, Block 2 does not meet the 55 foot frontage requirement on a cul-de-sac. These street frontage waivers are minor requests and have been granted for the Timber Bluffs project and the Riverview Heights project. The waivers are a trade-off for the lower overall tree loss on the property. ACCESS When the Riverview Heights 2nd phase was reviewed by the City last year, the City required that the plan be modified to provide a road connection to the Schlampp property. At the time of Council review, Mr. Schlampp did not have any plans to develop the property and did request a road access. Even without that request, the City looked at ways in which the Schlampp property could develop with a public road while minimally impacting the Minnesota River Bluff. V. B. -12.... Stafr Report Walnut Ridge April 7, 1995 Providing that opportunity for a road connection with the past approval, allows for a public road at an 8 % grade to be constructed from Riverview Road east of Mr. Schlampp' s house to the Riverview Heights project on the west. The p'ublic road can be constructed with minimal disruption of the Bluff for its initial construction since a good portion of the road is constructed parallel with the Bluff. A private drive off Riverview Road and a private drive off Walnut Ridge public road is requested. Requiring a public road in both of those cases would result in more damage to the Bluff and increase the amount of significant tree loss. Since the use of the private drive is not increasing the density significantly beyond adjoining properties and since the overall tree loss is 20 %, the use of the private drive has merit. STORM WATER RUNOFF-WATER QUALITY A NURP pond is proposed on the lower portion of the project which is designed for pretreatment of storm water before discharge into the flood plain of the Minnesota River. The design of the pretreatment pond and the connected storm sewer system is based upon a 100 year storm event. This is similar to the design used for the NURP pond and storm sewer system in the Riverview Heights project to the west. A trail access to the NURP pond must be constructed. A location would be between Lots 8/9, 7/10 and 6/11 with a 10 foot wide, 2.5 inch thick bituminous surface and a 6 inch granular base. This trail should also be placed into a drainage, utility, and access easement to the City. This provides maintenance accessibility for the City. Due to the size of the homes proposed for the project, the steep slopes and the erodible nature of the soils, staff recommends that the storm sewer system be designed to provide storm sewer collection points within the backyard areas of the proposed homes. This is a similar procedure used for the Riverview Heights proposal. The use of the rear yard drainage system collects storm water runoff from the roofs and the steep slopes and directs it into a catch basin system rather than traversing the steep slopes, with a high potential for erosion. UTILITIES Sewer and water service can be provided to the property. A lift station will be constructed at a low point between the Walnut Ridge project and the Riverview Heights project. The sanitary sewer lift station will pump water up hill to Riverview Heights Road. The sanitary sewer lines on the rear and side lots of 6, 7, 8, and 9 should be eliminated and sanitary sewer relocated to the front yards. This design change is needed for easier maintenance by the City. V.B.-13 Staff Report Walnut Ridge April 7, 1995 SITE GRADING Slope stabilization is extremely important on the Minnesota River Bluff. Individual grading permits will be required for each lot to ensure that the minimum amount of site is being disturbed at anyone time. This helps protect erosion of the Bluff and minimize pollution of the Minnesota River. In order to build on some of the lots, retaining walls are necessary. Development on steep slopes with retaining walls will require specially engineered designed footings because of the type of soil which is sand and the steepness of the slope. As with other retaining walls in excess of four feet in height, the Building Department requires that a Structural Engineer certified the structural capability of the retaining walls and the footings prior to the issuance of the building permit. Retaining walls must be designed of masonry construction and planned in such a way that water is drained away from the top of the walls rather than over them. The City ordinance requires that the basement floor elevation be a minimum of two feet above the 100 year flood elevation. The 100 year flood elevation is 722.4. The lowest floor elevation of any structure is 743.0. TREE PRESERVATION There are a total of 12,477 inches of significant trees. Approximately 55 % of the total caliper inches is above the 100 year flood plain and is mostly oak with some spruce. A total of 45 % of the significant trees are located below the 100 year flood plain and are mostly cottonwood with some ash and silver maple. Tree loss is calculated on the gross basis at 20 % . This is higher than the 19% as proposed by the Developer. The City Forester and City Planner determined that there were additional trees that would be lost due to construction practices because of tbe proximity to grading, road right-of-way, retaining walls, or foundations. A 20 % site tree loss is 2,489 diameter inches. The 20 % tree loss is less than the average tree loss for residential subdivisions currently calculated at 30%. A low tree loss would be consistent with the City's desire to preserve the character of the Bluff. The City has the responsibility to review development in an area as significant as the Minnesota River Bluff in a way in which it protects it as a natural resource, while allowing private development. The proposal minimizes the amount of initial grading by constructing only the road and utility improvements first. The grading limits established by the first phase would be a minimal amount necessary to construct these improvements. However, with the development of a subdivision, quite often the most impact of the site is realized when the individual homes V. B. -IY Staff Report Walnut Ridge April 7, 1995 are built. Sizing lots to match the expected home size is a critical step in impacting the site as little as possible. The developer has provided a concept grading plan showing hypothetical house pads. The staff believes that these house pads are small based upon the price range proposed and have used a 4,000 sq. ft. pad for the purpose of calculating the tree loss. This is a reason why the staff calculation of the tree loss is 20 % as compared with the developer's calculation at 19 % . The enlarged pad area would represent what staff believes is the worse case scenario, and the developer would be restricted through a Developer's Agreement from grading beyond the worse case situation. For each lot to be constructed within the proposed subdivision, an individual grading permit would be required. The Developer would be required to follow the Tree Preservation programs established by Centex and Brentwood. This would allow City participation in the individual siting of homes on site. At the time of building permit, the Developer must show the location of the proposed house grades and trees on the property. The plan must also show erosion control and tree protection phasing. The builder would be required to place and maintain erosion control and tree protection all around initial construction. A 20 % overall tree loss is consistent with the City's expectation for a lower intensity development for the purpose of preserving tree cover and minimizing the impact on the Minnesota River Bluff. This site is different from the Timber Bluff project and Riverview Heights project in that large areas of pine trees were planted as part of a State Registered tree farm. These trees are exempt from tree loss and tree loss calculations as specified in the City code. The developer can remove all of these trees, which would leave more of the site open and visible from the Minnesota River. A total of 6,000 inches or 30 % of these trees would remain after development. The Developer is asking that these trees be used as a credit against the 689 inches of tree replacement. The City Forester will determine the appropriateness of using these trees based on the health and age. Conservancy easements will be required over all portions of the lots that are not disturbed by grading. The conservancy easement does not allow any alteration of the topography or vegetation in those areas. Conservancy easements were required on the Timber Bluffs and Riverview Heights project. COMPARISON WITH OTHER PROJECTS APPROVED IN THE AREA The chart which follows compares the Walnut Ridge proposal to the Timber Bluffs project to the east of the site and the Riverview Heights project to the west. V. S. -,S- Stafr Report Walnut Ridge April 7, 1995 ........... ..... ......... . ............ .... ···PROPERTY FACTS .. ....... Gross Acres Gross Density Net Acres Net Density Average Lot Size Gross Tree Loss Net Tree Loss Flood Plain Acres Units WALNUT RIDGE 33.39 acres .66 du/acre 14.79 acres 1.49 25,600 20% 39% 18.6 acres 22 TIMBER ...• . .. RIVERVIEW • BLUFFS HEIGHTS 41.2 acres 26.0 acres .34 du/acre 1.33 du/acre 22.4 acres 26.0 acres .67 1.33 63,000 32,457 15% 17% 74% 50% 18.8 acres o acres 14 34 To complete an apples to apples comparison between the three projects it is important to clarify that density of the Timber Bluffs project is lower because most of the lots were on steep slopes and it was not possible to access the lower portion of the property at an 8 % road grade without significantly altering the Bluff and increasing the tree loss. If the steep slopes of the Bluff area were excluded, the net density of the Timber Bluff project would be approximately 1.3 units per acre with an average lot size of approximately 35,000 sq. ft. Environmentally sensitive areas such as the Minnesota River Bluff needs a low site density in order to retain the site's character. The lower half of the project will not be visible from the Minnesota River because of the large masses of trees that are retained. The upper portions of the project will be partially visible from the Minnesota River, but are screened to a large extent by the retention of the remnants of the Norway pine tree farm. The Timber Bluff project to the east has all of the units situated on the top of the Bluff and are visible from the Minnesota River. The upper portion of the River View Heights project is visible because the grading required to build an 8 % road grade removed most of the trees. Although the Walnut Ridge project has a numerical density higher than Timber Bluffs or Riverview Heights, staff believes that more of the site's natural features are retained and less of the total units would be visible from the Minnesota River. V,B.-Jb Staff Report Walnut Ridge April 7, 1995 ARCHEOLOGICAL SURVEY Archeological work indicates there is an Indian burial mound located on Lot 12, Block 2. Years ago, a house was built on top of the mound and only the slab remains. The site has been previously excavated by the University of Minnesota and a skeleton was removed. The Planned Unit Development depicts an alternative site for a relocation of the burial mound. This requires an approval from the State Historical Society and the Minnesota Indian Affairs Council. We are expecting written confirmation from these groups in time for Monday's meeting. The attached letter from Rev. Gary Cavender from the Shakopee Mdewakanton Sioux Dakota Tribe indicates a support for moving the site after additional investigation. This project has been reviewed by the Historic Preservation Commission. The Historic Preservation Commission recommends that if the burial site is to remain in its current location, then a 50 foot buffer zone must be established according to State and Federal laws. The Commission is also comfortable with a determination from the State Historical Society and Minnesota Indian Affairs Council approving a relocation to another portion on the property. The preferred plan of the Developer shows a relocation of the Indian burial mound. If the Minnesota Historical Society and Minnesota Indian Affairs Council determines that the site must remain, an attachment to this Staff Report shows how the site could be developed and meet the requirements of State and Federal laws. PARK DEDICATION The Parks and Recreation staff recommend a 75 foot outlot along the Minnesota River be dedicated to the City. This is consistent with adjoining project. CONCLUSION The waivers from the City code for a private drive and street frontages are consistent with what was approved for Timber Bluffs and Riverview Heights as a trade-off for preserving more trees on the property. The same type of development control measures to minimize erosion and protect trees during the construction process as the adjoining projects and the Centex tree program will be required. Although the net density is higher than the adjoining properties, the visual impacts on the Bluff and Minnesota River are less. 1 V, B, -J7 Stafr Report Walnut Ridge April 7, 1995 STAFF RECOMMENDATIONS 1. If the Planning Commission believes that the development as proposed represents a use of the property which minimizes Bluff impacts, is consistent with adjoining properties and that the PUD waivers are reasonable and justifiable, then one option would be to recommend approval of the project based on plans dated April 7, 1995, and subject to the recommendations of the Staff Report dated April 7, 1995 and subject to the following conditions': 1. Prior to City Council review, the proponent shall: A. Modify the preliminary plat to depict conservancy easements along the steep slopes and forested areas not disturbed by grading. B. Modify the preliminary plat to provide a drainage utility easement for access purposes to the NURP pond and relocate sewer lines to the front yard. C. Receive approval by the City Forester for use of 6,000 caliper inches of existing Norway pines as credit against tree replacement. D. Modify the preliminary plat to show a 75 foot wide outlot along the Minnesota River. 2. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, erosion control and utility plans for review by the City Engineer. B. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, the proponent shall: A. Pay the appropriate cash park fee. B. Submit plans with the following information on a Certificate of Survey: 1. A site plan with a house located within the proposed grading area. V. 6. -J8 Staff Report Walnut Ridge April 7, 1995 2. A grading plan based on field verified topography and tree locations. 3. No additional retaining walls beyond the approved grading plan. 4. No steepening of the natural grades. 5. Walk-out levels must meet natural grade. 6. No more than a 20 foot wide construction area on the down-slope of the house. 7. Restoration and erosion control plans. 8. No construction or grading with a conservancy easement area. 9. Soil test. 10. Engineer's design footing for foundation and retaining walls. 11. Location of erosion control fencing and tree protection fencing. 4. Prior to grading on the property, the proponent shall be required to stake the construction limits with fencing. 5. Developer shall notify the City and Watershed District a minimum of 48 hours in advance of grading. 6. Planned Unit Development waivers are granted within the RM-13.5 Zoning District for lot frontage less than 55 feet on Lot 11, Block 2 and street frontage less than 85 feet on Lot 9, Block 1 and use of a private drive. II. If the Planning Commission believes that the project has a high impact on the Bluff, is not consistent with the plans approved with for adjoining properties, and PUD waivers are not justifiable, then one option would be to return the development plans to the proponent for revisions. • The staff would recommend Alternative 1. V.8,-J9 MEMORANDUM TO: Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources 75# FROM: Stuart A. Fox, Manager of Parks and Natural resources DATE: May 4, 1995 SUBJECT: Walnut Ridge -Supplemental Tree Evaluation Report BACKGROUND: The Walnut Ridge project was reviewed by the Parks, Recreation and Natural Resources Commission at the April 17, 1995 meeting. Part of the discussion centered around the issue of utilizing the planted trees on the site as a credit against the trees that would be replaced under the Tree Preservation Ordinance. The recommendation from the commission was to have the City Forester do an on site evaluation of the project and make those findings known to the City Council at the time of the public hearing. TREE STATUS: This parcel of land has a total of 12,477 diameter inches of significant trees as defined by City ordinance. The staff spent a considerable amount of time taking a look at the tree loss on the site because the special factor related to the registered tree farm that had been planted by Mr. Schlampp. Tuesday, April 24, the staff visited with Rick Murray on the site to examine the health condition of the planted trees and to determine the best management practices for this rather large pine plantation. The trees that were planted appear to be somewhere around 25 to 30 years in age and consist of a variety of Norway Pine, Jack Pine, and Scotch Pine. The trees range in diameter from 4" to 14", depending on how close they are planted together and the amount of light available to the crown of the tree. The trees appear to have been planted on 5' to 8' centers and are planted in rows parallel to the slope contours of the property. The canopy is rather dense and in some places prohibits light from reaching the needle covered floor of the plantation. Overall the health of the trees appears to be good, although, some of the dead trees did have indications of pine bark beetles and this may be something that would have to be monitored to ensure the health of the trees in the future. The staff contacted Allan Olson, the DNR Forester assigned to the Eden Prairie area, and discussed the status of a State of Minnesota Registered Tree Farm. The forester responded that basically the tree farm program was one that was started in the late 1940's and gave individuals the ability to purchase trees at a reduced cost and an incentive to grow them for future timber production. The product that could be generated from such a tree farm could range from post timber to pole timber to sawmill size timber. This, of course, would depend on the type of tree grown, the soils that were grown in, and the amount of management or care that went into the particular tree farm operation. In addition, being a registered tree farm enabled the property owner to receive assistance from the DNR Forestry Division at no cost in developing management plans to ensure the maximum productively from their crop, as well as helping to diagnosis any problems or diseases that might occur. In summary, basically the tree farm program is one that looks at trees as anyone would look at an agriculture crop; namely, plant the trees, take care of the trees, and harvest them at sometime in the future for a given purpose. The current status of the trees is such that they are in need of some trimming and some maintenance, and this is something that should be considered in conjunction with the development of the Walnut Ridge project. TREE PRESERVATION ORDINANCE -MITIGATION: Under the terms of the Tree Preservation Ordinance, the development as outlined requires mitigation of 129 trees, totaling 2,476 diameter inches that would be lost due to construction. When this number is put into the formula for replacement the proponent would be required to plant 689 caliper inches of trees. The proponent is requesting that the nearly 6,000 diameter inches of tree farm trees be used as a credit against the 689 inches of trees needing to be replaced. This does represent a rather unique situation and the staff feels that this proposal does have some merit; however, there should be some conditions under which this would take place and they are as follows: 1. The trees that remain of the tree farm should be thinned to a lOx 10 foot spacing to optimize the growth of the trees. 2. Some of the smaller open grown pines around the perimeter of the project should be transplanted by using a tree spade. They could to be placed in better locations to soften the transition from hardwoods to softwood trees. 3. The developer should follow through on the verbal commitment at the Parks, Recreation and Natural Resources Commission meeting to plant two 2%" diameter deciduous trees concurrent with home building on each of the proposed lots. These trees should be similar to the white, bur, and red oaks that are found on the site. This would yield 110 diameter inches of trees toward the 689 caliper inches required to be replaced. 4. The last requirement would be to establish a scenic and conservation easement over all portions of the lots that are not disturbed by grading or establishment of the building pad. This would be similar to the conservation easement that was utilized in the "Big Woods" project with Centex and Tandem projects. In addition, education is going to be needed to explain to future purchasers of these lots as to the unique character and possible future care that is going to be needed for this pine forest. Since there will be a Homeowner's Association in conjunction with this development, it may become necessary 10-20 years in the future to take a look at this area for additional thinning to maintain the trees in in the future to take a look at this area for additional thinning to maintain the trees in good health. CONCLUSION: The staff recommends that the proponent be allowed to utilize the nearly 6,000 inches of planted evergreen material on this site as a partial satisfaction of the Tree Preservation Ordinance. The planting of a minimum of 110 diameter inches of deciduous material would be of benefit to the site and offers some partial mitigation to the loss of deciduous trees. SAF:mdd Walnut. memo/Stuart SUBURBRN CLERICRL SVCS TEL: 612 920-oili86 SHAKOPEE MDEWAKANTON SIOUX COMMUNITY 23.30 Sioux TraU NW. Prior Lake, MinnC!XJUl 55372 Tribal Offi<.:(! {612l 4458900 FAX: (612) 445·8'J06 February 23, 1995 TO WHOM IT MAY CONCERN: OFFICERS STANlEY R. CROOKS KF.NNETH ANDEHSON VIce C"'mr",,,,,url DARLENE MATI"A Sm:r"l ... ry(T""", ... ~r This is in regards to the lifting of a concrete slab which is believed to be covering a'grave or Paleo Indian Burial Mounds. This is located on the property of Ed Schlampp, description as follows; (Unplotted 35-116-22, 31.26 Acres, 667-3+10 feet of Gout, Lot #4. As the Spiritual Leader for the Shakopee Mdewakanton Sioux Dakota Community Band in Prior Lake, I will witness the lifting of the above mentioned concrete slab. If Human remains should be found, I will authorize the remains be removed to an agreed upon site donated to the Tribe by Ed Schlampp and maintained by the owners of said property. This is traditionally appropriate for a Sacred Burial Ground. Respectfully Submitted, )ff~v--- Rev. Gary Cavender Shakopee Mdewakanton Sioux Dakota Tribe V. B. -2.0 April 25, 1995 Rick Murray RDI, Inc. 15 Choctaw Circle Chanhassen, MN 55317 RE: Ed Schlampp Property/Site 21·HE-0002 Dear Rick, I had the opportunity to discuss the above development property vis-a-vis the reported Eck homesite burial remnants with Mr. Jim Jones of the MN Indian Affairs Council this afternoon. Mr. Jones concurs with my recommendation to proceed with plans to lift the concrete slab, assess for additional remains and reinter any evident remains, as per G. Cavender's suggestion. However, this brings up a significant consideration: if, upon removing the slab, remains are encountered or expected, it would require a crew of experienced archaeologists to excavate and remove the remains. This, in turn, brings up other issues: o it is th,e height of the archaeological field season, and finding crew available to undertake this task may be difficult o a funding source to offset related excavation/burial recovery expenses would need to be identified and funds committed to the project Although we have a clear "go-ahead", it may take some time to fully implement the process. It would be desirable to get together to discuss plans and options further. Please contact me at your earliest convenience. Mark J. Dudzik State Archaeologist cc: J. Jones (MIAC) , ;,: ':: n' S. Ellison (SMSC) , Ii' Fort Snelling History Center, S1. Paul, MN 55111 . ,Ij '. ;·r ... Tel: (612) 726-1171; FAX: (612) 725-2429 v. 8 .... 20 (01.) VVALN\J\ :=>----~--:-r--- ;', " " ~ -~~-":---' ," .~,.., . . ........ . l ........ . .......... . MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities CdtY FROM: Stuart A. Fox, Manager of Parks and Natural Resources DATE: April 12, 1995 SUBJECT: Supplemental Staff Report to the April 7, 1995 Community Development Staff Report for Walnut Ridge BACKGROUND: This site is 33.39 acres in size and fronts on Riverview Road on the north and the Minnesota River on the south. It is sandwiched in between two recently approved single family unit developments, Timber Bluffs Subdivision to the east and Riverview Heights project to the west. The site has nearly 145 feet of elevation change between Riverview Road and the Minnesota River. The proposed development would include 22 single family homes on the site, which would have a net density of 1.49 units per acre. Four comparison with the other two projects in the area, I would refer the commission members to pages five and six of the Community Development Staff Report, which provides greater detail of this comparison. ISSUES: Natural Resources/Tree Preservation This parcel of land has a total of 12,477 diameter inches of significant trees. The staff spent a considerable amount of time evaluating the tree loss on the site because of a variety of unique factors. First this site not only has native upland vegetation, which is primarily oak, but also the floodplain vegetation that consists of cottonwood, willow and silver maple. In addition, the owner, Mr. Schlampp, has planted a rather large number of pine and spruce trees on the site and the property is a registered tree farm by the State of Minnesota. The amount of trees outside of the construction zone is estimated to be 5,641 diameter inches of which approximately 50 % is silver maple and 50 % cottonwood. An exact count for the number of the trees was not submitted; however, Hedlund Engineering has submitted a memo indicating that this is a minimum number of diameter inches that were found by the engineering firm during the tree inventory for this site. v.6. -2. '2- The tree loss on the upland portion due to construction is estimated to be approximately 20 %. This is based on the graded area having a total of 332 trees totaling 6,279 caliper inches. Of that 332 trees approximately 129 trees totaling 2,476 diameter inches would be lost due to construction. The loss of trees is almost evenly spread between roadway and building site preparation. The roadway impacts 66 trees for 1,236 inches and the building sites impact about 63 trees for 1,240 diameter inches. The fmal tally indicates that based on total trees on the site that approximately 20 % or 2,489 diameter inches of trees would be lost due to grading. The 20 % tree loss is below the average the City is currently observing, which is closer to 30 %. It is very desirable to have the low amount of tree loss on properties adjacent to the Minnesota River Bluff. The issue of tree replacement is one that as of the writing of this memo has not been resolved. The proponent is requesting that the nearly 6,000 djameter inches of planted trees, primarily Norway pine, would be used as a credit against the calculated 689 caliper inches of trees needing to be replaced. Until the staff is able to make an on site inspection of the trees to check their size, condition, spacing, and overall health this issue will not be resolved. It is anticipated that a general overview will be presented at the Parks, Recreation and Natural Resources Commission meeting with a supplemental report being prepared prior to review of the project by the City Council at the May 9, 1995 meeting. Conservation/Easement Area Conservation easements would be required over all portions of the lots that are not disturbed by grading. This would be similar to the easements required on the Timber Bluffs and Riverview Heights project. The primary reason is to make sure that the overall integrity of the site remains intact and that no inappropriate tree cutting or grading takes place outside of the approved building pad area. Wetland Impact and Storm Water Treatment The site grading of this project will necessitate the use of a backyard storm water collection system. The use of these rear year drainage systems would be important to prevent any excessive erosion as water traverses the steep slopes. Water from the roadway and the yard collection system would be channeled into a NURP pond that would be constructed in the Minnesota River floodplain at the southerly edge of Lot 4, Block 2. The access to this NURP pond would be over a proposed private trail that would have to be constructed to a 10' width with a 2.5" thick bituminous surface. This proposed private trail would require a utility easement, so that the City could access the NURP pond for maintenance. Site Grading The proponent is required to follow all Riley Purgatory Creek Watershed District regulations and submit a detailed plan to the City Engineering prior to final plat approval. Due to the steep slopes in this area and the highly erodible nature of the soils, it will be extremely important to install and maintain erosion fencing in proper locations. In addition, there are several retaining walls that are in excess of 4' high and these require Building Department certification by a structural engineer as to the structural capabilities of the retaining walls. V. B. -23 Sidewalk/Trails Although this project has a public road system, there is not a need for a trail or sidewalk connection to Riverview Road. This project will, however, have an association to control most of the 18 acre outlot and there will be private walking trails that connect to the public roads. The staff has requested that a 75' wide outlot adjacent to the Minnesota River be dedicated to the City for a future trail corridor. This is consistent with the adjoining projects. STAFF RECOMMENDATION This project was reviewed by the Planning Commission on April 10,1995 and was passed on a 5-0 vote .. · The staff would recommend approval of the project based on the conditions outlined in the Community Development Staff Report dated April 7, 1995, alternative I. The staff would also solicit the feelings of the commission of utilizing the 6,000 caliper inches of existing Norway pines as a credit against the tree replacement for the site. This information would be forwarded to the City Council along with the staff memo addressing that specific issue. SAF:mdd Walnut/Stuart V. 5. -2 L\ Unapproved Minutes ordinance is to screen parking lots from views. This has been City policy for 20 years. He recommends making a recommendation to the Planning Commission as a discussion item for the City Council if the Commission is not concerned with screening parking lots. Koenig asked if the extra tree replacement has anything to do with the landscaping for commercial/industrial. Fox replied that part of it has to do with the landscaping screening ordinance, but the majority of it is a good faith gesture by the developer to make sure everything is covered. Koenig commented that she agrees with Hilgeman, that she likes deciduous trees and is happy to see Oaks go in there. However, she is disappointed to see another hill being leveled and 65 % tree loss. MOTION: Brown moved to approve the proposal and add to the Staff Report the recommendation of a scenic easement over outlot #2. Jacobson seconded the motion and it passed 6-0-0. B. Walnut Ridge Staff referred the Commission to a memo dated April 12, 1995, from Stuart A. Fox, Manager of Parks and Natural Resources, and a Staff Report dated April 7, 1995, from Michael D. Franzen, City Planner. Rick Murray of Residential Development reviewed the proposal for development and answered questions by the Commission. He noted that this site is located on the Minnesota River Bluff by Riverview Road. The property belongs to Ed and Lois Schlampp. The site is 33.6 acres and they are proposing 22 homes including Mr. Schlampp's property which is located at the top of the hill. The Staff Report is very thorough and explains what they intend to do on this site and the impact to both. A point of interest not in the Staff Report is that this piece of property is the last existing tree farm in Eden Prairie. Back in the 1960's, Mr. Schlampp planted 70,000 trees on this site. There were 55,000 Norway Maples and about 15,000 Black Walnuts and Soft Maples. The Black Walnuts and Soft Maples are in the area down by the river which is approximately a foot and a half higher than the central floodplain area. There are approximately 30,000 evergreens and about 15,000 walnuts and soft maples. Those trees are not included in the tree count. The tree loss will be 20 % of the trees, excluding those thousands of Evergreens. The site was visited by their consultant and Mr. Sampson, the Watershed District Engineer, to determine the best site for the NURP pond. The neighborhood will be single family homes, and will be entirely association 4 \/.B.-Z~ controlled. It will take care of all exterior maintenance with the exception of painting. The project will be served by public streets which will connect to Riverview Heights to the west, and Riverview Drive to the north. A private drive will service the three units to the west, and a private drive will service the area of homes through the apple orchard. The outlot is 75 feet wide along the river. The land owner has asked for credit for some trees. He suggested that instead of harvesting them, he would leave them in place. Assuming their vitality meets the grade, how long they will grow and their vegetation is adequate, they would like credit. This would be in excess of 6000 caliber inches which could be harvested on this site. Fox reviewed the Staff's recommendations with the Commission. He noted that it's 145 feet of elevation difference between Riverview Road and the floodplain, which is rather substantial. The density on this site is about 1 112 units per acre, and compares very similar between the projects to the east and the west. The tree loss calculation is about 20 %, and about half the trees are due to roadways, and about half the trees are due to driveways and building paths. A scenic conservancy easement is recommended to prevent people from cutting down trees in the future for a pool. This has been the trend from the two adjacent projects, and they would like it to continue on to this one. The NURP pond is constructed to the proper standards. Staff is requesting that an easement be placed over the private trail so that City vehicles can get down and access the NURP pond and monitor it. That's the reason for the trail to be 10 feet wide. Staff has made the request that the 75 foot wide portion along the Minnesota River be dedicated as an outlot. This way there would be room for a future trail if and when the Minnesota Valley project went forward. Laura Blume, 10450 Riverview Road, stated that they own river bluff property, and expressed concern about the tree loss. She asked where they expect the trees to be taken down from, and if there is something in the plans that say the other trees will remain. Murray showed on the map the locations of the trees that were coming down. Fox noted that a majority of the trees that will remain are in the front yard of Mr. Schlampp's house, and he doesn't believe that Mr. Schlampp has any intention of taking those trees down. Murray commented that Mr. Schlampp's driveway will be rerouted and there will be two or three trees removed. 5 V. fJ. -26 Blume asked if there was any way to prevent someone from taking the trees down that are exempt in the floodplain area. Fox replied that the lower floodplain would be over the City conservation area, and they wouldn't be going in and harvesting any trees. Blume expressed concern about the views that people will have from the homes, and preserving the wildlife habitat. She is also concerned about access to the area where people would be coming on to her property. Brown expressed concern about allowing a credit for the trees. He knows it's a tree farm and will probably need to be harvested in part so the remaining trees can grow. Murray agreed that probably half of the Norway Pine trees will be harvested or taken out. The remaining trees, however, that would not be harvested, make a very significant stand of trees. Fox noted that the calculation for tree loss is 639 inches that they would be asking to replace. Murray stated that in addition to that, they are asking that the Staff, with permission, recognize that there are a significant amount of trees, about 6000 plus caliber inches, that are being left there. They want the Commission to weigh the remaining trees and give a credit for what they are not harvesting. Kracum commented that the trees are also left to enhance the value of the property. Lambert said that in the project before this one, they gave credit for trees that are on a parcel of land on a steep slope that you can't build on. The trees not considered on this project are the cropped trees. It is only fair to give him credit for his "crop." Bowman commented that he disagrees with the way they calculate tree loss. He doesn't understand why the City should consider these trees that can't be removed anyway because of development, plus they are in a floodplain area. Fox noted that Staff needs to evaluate the trees before they decide whether it's total credit or half credit. He said that these trees are there and will remain after construction. Koenig briefly described her visit to the site with Mr. Schlampp. She noted that Mr. Schlampp said that this was actually a timber farm, and he could clear cut those trees if he chose to do so. He didn't want to do that because he wants to leave as many trees as possible. He also told her that tree farms were in the tree ordinance. 6 V.~.-27 Fox noted that tree farms are exempted in the tree ordinance because these trees are being raised for the specific purpose of harvesting them. If he chose to cut them all down, he could do that. Hilgeman expressed concern about page 5 of the Staff Report, because things are not always done the way they should be. Fox replied that what's shown on the house pad is what Staff feels is a true representation of what the market value of this house will be. Koenig asked if the association will govern the conservancy easement. Murray replied that the association will be responsible for the site, for the easment and the conservancy easement. Murray gave a brief history on the skeletons that were found on the site. Hilgeman noted that she is comfortable with the recommendation of the credit written in the report, and the Staff's recommendations. The other Commissioners concurred. MOTION: Hilgeman moved to approve the Walnut Ridge development as per Staff recommendations of the Staff Report dated April 7, 1995, and the credit to be requested is subject to Staff's inspection of Walnut Ridge. Brown seconded the motion and it passed 7-0-0. c. Hirshler Addition Staff referred the Commission to a memo dated April 12, 1995, from Stuart A. Fox, Manager of Parks and Natural Resources, and a Staff Report dated April 7, 1995, from Scott A. Kipp, City Planner. Ned Hirschler, owner, reviewed his proposal of development with the Commission. This site is an outlot located in the King's Forest Addition. He plans to build a residential single family home on this site. Everything to the right of the scenic easement they intend to not touch, other than clean up some of the construction debri that's been stacked there for years. He needs special permission to remove everything, as long as it's just to clean up. The existing fencing will remain and they are planning to add fencing in the backyard that will match the look of the other fence. Fox reviewed Staff's recommendations with the Commission. He noted that this particular parcel of property was originally platted as an outlot. At the time it came in with Lavonne Industrial Park, there were a number of options. The primary concerns were in terms of the turn-around in terms of snow removal. The size of the turn-around is large enough so City vehicles can go in there. Staff's recommendation is that this is better than bringing in a cul-de-sac. 7 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-9-95 SECTION: PUBLIC HEARINGS ITEM NO. V:(.; DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger EDEN PRAIRIE COMMUNITY LIBRARY Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Resolution for Site Plan Review within the Public Zoning District on 2.5 acres for the construction of a 5,135 square foot library expansion. Background: The original 10,000 sq. ft. library was constructed in 1985. The proposed 5,000 sq. ft. addition is needed for reading area, children's area, and storage. All codes are met with this proposal. An additional 5 parking stalls will be added to bring the parking ratio to 5.3 spaces per 1,000 sq. ft., meeting the parking demand. The Planning Commission voted unanimously to approve the building plans and Staff Report dated April 7, 1995 at the April 10, 1995 Planning Commission meeting. Supporting Reports: 1. Resolution for Site Plan Review 2. Staff Report dated April 7, 1995 3. Planning Commission Approved Minutes of April 10, 1995 4. Plans dated March 10, 1995 V.L. - \ EDEN PRAIRIE COMMUNITY LIBRARY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE COMMUNITY LIBRARY BY HENNEPIN COUNTY WHEREAS, Hennepin County has applied for Site Plan approval of Eden Prairie Community Library on 2.5 acres for construction of a 5,135 sq. ft. library expansion located at 479 Prairie Center Drive to be zoned within the Public Zoning District; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 10, 1995, 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 May 9, 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 Eden Prairie Community Library for the construction of an addition, based on plans dated March 10, 1995, between Hennepin County, and the City of Eden Prairie. ADOPTED by the City Council on May 9, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk v.e... -L ~P("""~& tv\il'\l4te~ EJet\. Pr~irit... PIa",,,:) Co"" ....... ; 0;'> io","- ~;\ \0, I~CJ<" c. EDEN PRAffiIE COMMUNITY LIBRARY by Hennepin County. Request for Site Plan Review within the Public Zoning District on 2.5 acres for the construction of a 5,000 square foot library expansion. Location: 479 Prairie Center Drive. Mark Partridge, representing the proponent, reviewed his project with the Plannih6 Commission. He noted that the Eden Prairie Library is the most used library in this county, and wants to build an addition on their existing building. The expansion will require an additional 5 or 6 parking stalls, although only one is required under the Eden Prairie zoning. There will be a fair amount of additional landscape to meet with the caliber inches of the site and compliment it. They are adding some skylights and some guide lines to define the old from the new, but the colors will be the same. Ismail expressed concern about the library not being big enough 5 years from now. Partridge replied that if that happens, it would have to be a different site. Foote asked where the extra parking spaces will be. Partridge showed him on the map. Kardell expressed concern about the exterior materials being the same on the old and new part of the building. Partridge replied that it's primarily brick and it will match as close as possible. Clinton asked how they are going to define the old from the new part of the building. Partridge responded that they are using a recessing plan that will be pushing in the wall with a metal panel that forms that connection. Franzen noted that Staff recommends approval of this project. Ismail noted that he has been to the library and it gets very crowded. He feels this is a very nice extension that Eden Prairie residents can be proud of. Foote commented that he supports the plan. MOTION 1: Foote moved, seconded by Schlampp, to close the public hearing. Motion carried 6-0-0. MOTION 2: Foote moved, seconded by Ismail, to recommend to the City Council approval of the request of Hennepin County for Site Plan review within the Public Zoning District on 2.5 acres based on plans dated April 7, 1995, and subject to the recommendations of the Staff Report dated April 7, 1995. Motion carried 6-0-0. v. C. -3 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT! FEE OWNER: LOCATION: REQUEST: u.:~~os CE:NTER ADO E!..Eift. Planning Commission Scott A. Kipp, Planner April 7, 1995 EDEN PRAIRIE COMMUNITY LIBRARY Hennepin County 479 Prairie Center Drive 1. Site Plan Review within the Public Zoning District on 2.5 acres for a 5,000 sq. ft. building addition. BACKGROUND The Eden Prairie Library property, located at the southwest corner of Prairie Center Drive and Preserve Boulevard, was originally zoned Public in 1982, and reviewed for building permit in 1985. At that time, a 10,000 square foot facility was approved and constructed. The current proposal is to expand the building to accommodate additional reading area, children's area, and storage. SITE PLAN The site plan involves the construction of a 5,000 square foot expansion to the existing facility for a total building area of 15,000 square feet. The base area ratio is proposed at 13.5 percent. All building and parking setbacks requirements will be maintained as part of this addition. A slight parking lot modification will take place at the southeast corner to increase the total parking on site from 75 to 80 spaces. This represents a parking ratio of 5.3 spaces per 1,000 square feet. City code does not have a specific parking requirement for libraries, however, Staff believes that the parking ratio as provided will meet the parking demand. Office uses of similar size require a parking ratio of 5 spaces per 1,000 square feet. No NURP pond is necessary for this facility since all storm water runoff is treated within the Neill Lake pond which was designed to handle all runoff from the Eden Prairie Center area. ARCHITECTURE The single story additions will be located on the east and west sides of the existing facility. This design allows for the existing gabled roof to remain as the building focal point. Building elevations reveal the prominent use of face brick similar to the existing building, with the addition of some aluminum panels and glass to complement the additions. The City code requirement of at least 75 % face brick and glass will be maintained. All existing and proposed mechanical equipment will be ground mounted and physically screened from view by face brick enclosures. LANDSCAPING All existing landscaping affected by the expansion will be relocated on site, together with additional landscaping required by Code. These plant materials will be located predominately along Preserve Boulevard. RECOMMENDATIONS Staff would recommend approval of the site plan review within the Public district on 2.5 acres, subject to plans dated March 10, 1995, and this Staff Report. v.c.. -S- EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-9-95 SECTION: PUBLIC HEARINGS ITEM NO. V. D. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger SAMPSON OFFICE STUDIO Don Uram Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for PUD District Amendment on 20.15 acres, PUD District Review on 4.519 acres, and Zoning District Change from Rural to 1-2 on 4.519 acres; • Adopt a Resolution for Comprehensive Guide Plan Change from Office to Industrial on 4.519 acres; • Adopt a Resolution for Preliminary Plat of 12.478 acres into one lot and one outlot; • Adopt a Resolution for Site Plan Review on 4.519 acres for the development of a 5,200 square foot office/warehouse building. Background: The Planning Commission voted unanimously to approve the building plans and Staff Report dated April 7, 1995 at the April 10, 1995 Planning Commission meeting. Supporting Reports: 1. Resolution for Preliminary Plat 2. Resolution for Comprehensive Municipal Plan 3. Staff Report dated April 7, 1995 4. Planning Commission Approved Minutes of April 10, 1995 V. D. -I SAMPSON OFFICE STUDIO CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF SAMPSON OFFICE STUDIO FOR R. M. SAMPSON, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Sampson Office Studio for R. M. Sampson, Inc. dated May 3, 1995, consisting of 12.478 acres, a copy of which is on ftle at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 9th day of May, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk v.D.-z' SAMPSON OFFICE STUDIO 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 Sampson Office Studio by R. M. Sampson, Inc. for construction of an office/warehouse building of approximately 5,200 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: 4.519 acres from Office to Industrial all located at Equitable Drive and Valley View Road. ADOPTED by the City Council of the City of Eden Prairie this 9th day of May, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk v.D.-3 P\ff(OV~& t'\''''<A.te'> tc\.~"" 7,. : Co fl.,. ...... I"''') CO~'"';s ):0 ..... F\r": \ \OJ IqqS""" D. SAMPSON OFFICE STUDIO by R. M. Sampson, Inc. Request for PUD District Amendment on 20.15 acres, PUD District Review on 4.519 acres, Comprehensive Guide Plan Change from Office to Industrial on 4.519 acres, Zoning District Change from Rural to 1-2 Zoning District on 4.519 acres, Site Plan Review on 4.519 acres and Preliminary Plat of 12.478 acres into 1 lot and one outlot. Location: Southwest corner of Valley View Road and Equitable Drive. Lynn Sloat, architect, reviewed his project with the Planning Commission using visual aids. He explained the site plan, the landscaping, and the front elevations of the building. He noted that the front entrance of the studio will be brick and glass, with a skylight in the interior of the building. Wissner asked what the Sampson Studio is. Lynn Sloat replied that the owner wanted an area where he could make some pottery, do some painting or just continue with his business. Wissner asked if it will be a gallery open to the public. Sloat replied no, that it's private. Mr. Sampson, son of the owner, commented that they thought it would be a nice entrance area for their conference rooms, and they have quite a few gifts to display from their family. Franzen noted that Staff recommends approval according to the recommendations on page 4 of the Staff Report. Schlampp commented that it's beautiful and fits right in there. Ismail asked if office means anybody else rents .space there, or only the family uses it. Sloat responded that it's private and nobody else is there. He noted that there are ~o offices, one for the father and one for the son, and one conference room.- Kardell asked if the exterior materials are consistent with the other buildings that are there. Franzen replied that it's mostly consistent with the two story office buildings across the street. MOTION 1: Wissner moved, seconded by Ismail, to close the public hearing. Motion carried 6-0-0. MOTION 2: Wissner moved, seconded by Ismail, to recommend to the City Council approval of the request for PUD District Amendment on 20.15 acres, PUD District Review on 4.519 acres, Comprehensive Guide Plan Change from Office to Industrial on 4.519 acres, Zoning District Change from Rural to 1-2 Z<;>ning District on 4.519 acres, Site Plan Review on 4.519 acres, and Preliminary Plat of 12.478 acres into 1 lot and one outlot based on plans dated April 5, 1995, and subject to the recommendations of the Staff Report dated April 7, 1995. Motion carried 6-0-0. V. O. -4 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Donald R. Uram, Economic Development Manager April 7, 1995 Sampson Office Studio Ralph Sampson Equitable Life Assurance Company Southwest comer of Valley View Road and Equitable Drive 1. Planned Unit Development Amendment on 20.15 acres. 2. Planned Unit Development District Review on 4.519 acres. 3. Comprehensive Guide Plan Change from Office to Industrial on 4.519 acres. 4. Zoning District Change from Rural to 1-2 Zoning District on 4.519 acres. 5. Site Plan Review on 4.519 acres. 6. Preliminary Plat of 12.478 acres into one lot and one outlot. 1 V.D. -S- ADO -CPT E c" H . , , , , , <no. , ~, /0- ~J I~ ~ Iq; vt/ ~---------_~~--~/r--------------+-----------------4--------~-------- J: U BACKGROUND The Comprehensive Guide Plan designates this site for an Office land use. Surrounding land uses are Industrial to the north and east and Commercial to the west. This site is currently zoned Rural. Adjacent properties are zoned I-2 to the north and C-COM to the west. This site is part of a previously approved Planned Unit Development for a mixture of Office and Industrial uses. Office uses were approved around the sites perimeter to provide a "cleaner" image along Purgatory Creek. The PUD depicted this site as an Office land use. COMPREHENSIVE GUIDE PLAN CHANGE/ PUD CONCEPT AMENDMENT The proponent is requesting approval of a Comprehensive Guide Plan Change from Office to Industrial and an amendment to the existing PUD to allow for the construction of an office/studio building of approximately 5,300 square feet. This plan also includes an additional lot (owned by Equitable Life Assurance Company) which will probably develop as a future industrial use. A change to the Guide Plan from Office to Industrial may be reasonable because of the following: 1. The site is located within an industrial park. 2. The existing industrial development within the PUD attracts other industrial uses. 3. Demand for industrial land is strong while the supply of industrial parcels is limited. 4. The building is designed as an office building meeting the intent of the PUD. SITE PLANIPRELIMINARY PLAT The preliminary plat depicts the subdivision of Lot 2, Block 1, Edenvale 22th Addition into one lot and one outlot. Lot 1, containing 4.519 acres is the proposed location of the Sampson Office Studio. Outlot A, containing 7.959 acres is reserved for future development. A waiver is required for Outlot A to allow for a lot size less than 10 acres in the Rural Zoning District. The site plan depicts the construction of the 5,300 sq.ft. office/studio facility at a 2.7% B.A.R. The Industrial Zoning District permits up to a 30% B.A.R. The building meets the requirements of the I-2 zoning district and the Shoreland Ordinance. Parking requirements for a building of this size is 27 parking spaces which the site plan depicts. A total of 7 (includes two garage stalls) parking stalls will be constructed with an additional 28 spaces designated as proof-of-parking. Proof-of-parking is appropriate when the building owner can demonstrate a parking need that is less than the code requirement. In this case, the proponent will be using the building for himself plus occasional guests. The minimum setback to parking along Valley View Road is 50 feet which the plans indicate. Parking areas are screened according to code. 2 V. D.· 7 GRADINGIUTILITIES Elevations on this site range from a high point of 882 at the top of the berm along Valley View Road to a low point of 830 within the Purgatory Creek floodplain. Due to the size of the building and the required parking, minimal grading is necessary. All proposed grading will occur within 120 feet of the Equitable Drive property line. Utilities will be provided by connections made to existing sewer and water service in Equitable Drive. Because the amount of runoff from this site does not warrant the construction of an individual NURP pond, storm water runoff will be collected in a catch basin system and discharged into the storm sewer within Equitable Drive. The developer has agreed to pay a proportionate cost ofa NURP pond to the Storm Water Utility Fund to construct regional NURP ponds. CONSERVATION EASEMENT With the original PUD, a standard conservation easement was placed over the Purgatory Creek floodplain and adjacent slopes to preserve the area in it's natural state. This easement was established based on the Purgatory Creek Conservation Area Study and is an easement of between 200 and 250 feet from the creek. Because most of the sites adjacent the creek have not been developed, the conservation area has remained in it's natural state. This project does not encroach into the easement. BUILDING ARCHITECTURE There are two architectural requirements that impact the colors and exterior materials used on the building. These are: 1. City code requirement for architectural compatibility with other buildings in the area. 2. A PUD design framework manual approved with the original Planned Unit Development for brick, glass, stone or an equivalent. The building is primarily face brick and glass with concrete masonry units as an accent material along the base of the building and a pre-finished metal panel roof. This design is consistent with City code and the PUD. All mechanical equipment will be located inside the building. LANDSCAPING/SIDEWALKS AND TRAILS Based on 5,300 square feet of building, 17" of plant material is required. The landscape plan shows 23". There is an existing 5' wide concrete sidewalk along the south side of Equitable Drive. The plans indicate a sidewalk connection from the building to this sidewalk system. 3 V.D.-8 LIGHTING Lighting for this project should be of similar design and type to the existing lights throughout the PUD. This would be a 20' high, downcast, cutoff luminar (shoebox) design. The plans shall be revised to include parking lot lighting. STAFF RECOMMENDATIONS The staff would recommend approval of the request for Planned Unit Development Amendment on 20.15 acres, Planned Unit Development District Review on 4.519 acres, Comprehensive Guide Plan Change from Office to Industrial on 4.519 acres, Zoning District Change from Rural to 1-2 Zoning District on 4.519 acres, Site Plan Review on 4.519 acres and Preliminary Plat of 12.478 acres into one lot and one outlot based on plans dated April 6, 1995, subject to the recommendations of the Staff Report dated April 7, 1995, and subject to the following conditions: 1. Prior to City Council review, proponent shall: A. Modify the site plan to include parking lot lighting. B. Provide samples and colors of exterior materials. 2. Prior to final plat approval, proponent shall: A. Submit detailed storm water runoff, erosion control and utility plans for review and approval by the City Engineer. B. Submit detailed storm water runoff and erosion control plans for review and approval by the Watershed District. 3. Prior to grading permit issuance, proponent shall stake the construction limits with an erosion control fence. 4. Concurrent with building permit issuance, proponent shall pay the NURP pond fee. 5. A waiver is required for Outlot A to be less than 10 acres in the Rural zoning district. 4 V.D.-9 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-9-95 SECTION: PUBLIC HEARINGS ITEM NO. V. E DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger HIRSCHLER ADDITION Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Zoning District Amendment within the R1-13.5 Zoning District on 1 acre; • Adopt a Resolution for Preliminary Plat on 1 acre into one lot. Background: Property was zoned R1-13.5 for one single family lot in 1988. The design at that time conceptually approved the use of a cul-de-sac for the terminus of Canterbury Lane. The proposed plan now utilizes a "T" shaped turn-a-round meeting with City Engineer, Fire Marshal, and Public Works approved. This turn-a-round will minimize site impacts and vegetation loss. In addition, due to the grade change between the existing sewer and the lowest floor elevation, a force main will be necessary for the sanitary sewer. If the City Council approves the use of the "T" shaped turn-a-round, a variance will be required for the existing 30 foot lot frontage to be reviewed by the Board of Appeals. The Planning Commission voted unanimously to approve the building plans and Staff Report dated April 7, 1995 at the April 10, 1995 Planning Commission meeting. Supporting Reports: 1. Resolution for Preliminary Plat 2. Staff Report dated April 7, 1995 3. Planning Commission Approved Minutes of April 10, 1995 4. Plans dated March 10, 1995 V.E,-I HIRSCHLER ADDmON CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIRSCHLER ADDITION FOR NED HIRSCHLER BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Hirschler Addition for Ned Hirschler dated March 10, 1995, consisting of 1 acre, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 9th day of May, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk V. E. -~ fl ppr o"eCSZ: r \ I", -I C S £. P. Pb."''';'''j Co ........ ,·,-.,:(>" Apt, I 10 J Itfc} S- A. HIRSHLER ADDITION by Ned Hirschler. Request for Zoning District Amendment within the Rl-13.5 Zoning District on 1 acre and Preliminary Plat of 1 acre into one lot. Location: North terminus of Canterbury Lane. Ned Hirschler, owner, reviewed his project with the Planning Commission. He stated that their primary objective, while building this house, is to save the natural environment of this lot. It was originally scheduled to have a cul-de-sac put in. His proposal was to develop aT-type turn-around. This would result in no significant tree loss. The turn- around will meet all Fire Marshal safety codes, and snow removal access. They are proposing additional trees in the northwestern corner to hide the industrial park, and are planning to keep the existing fence. There are two Cottonwood trees that are located near the turn-around that they would like saved by putting a tree well around them. 1 V,E.-3 Kipp stated that this is a remnant lot from when the Lavonne Industrial 4th Addition came through the process in 1988. The main issues of the property are to maintain much of the significant vegetation as possible, and try to limit the amount of impaCt. The Engineering Department, Fire Marshal, and Community Development Department reviewed the turn-around and all agreed that the design as proposed in the Staff Report would meet all the necessary emergency and snow removal needs. In addition, the turn- around would save all significant trees on site. A cul-de-sac would involve heavy tree loss and require the house to be located farther north toward the industrial land uses. There would be an easement provided near the turn-around area for snow storage. He noted that Staff can work with the Fire Marshal and Engineering Department to work with the Cottonwoods to see what can be done to save those trees. Based on the Staff Report and site plan as submitted, Staff recommends approval of the turn-around for the single family house. If the Planning Commission recommends and City Council approves the use of the turn-around, the Board of Appeals will need to review this for a lot frontage variance from the required 85 feet down to the existing right-of-way width of 30 feet. Kardell asked if he was building this house for himself. Hirschler replied for himself, his wife. and her daughter. Richard Davidson. residing at 6613 Canterbury Lane. noted that he lives adjacent to the lot in question. He has examined the plans and has discussed it with the neighbors. They all agree the plan is very good. They would like to see a turn-around versus a c1o ' de-sac. A cul-de-sac would cause extra traffic problems, and they would loose a lot V~ trees. Roger Sandvick. residing at 14280 Stratford Road. expressed concern about the need for a sanitary sewer back-up system, and the fencing. Kipp noted that due to the grade change between the house and existing sewer access, it will be necessary to install a force main to pump sewage to the existing line. Staff is requiring that there be a back-up pump for this force main. Hirschler showed the fencing on the map to the Planning Commission. He said it would probably be wood fencing similar to the one that goes across the back of the property and it will look the same. It will go back to the retaining wall. All the Commissioners concurred that they support the project. MOTION 1: Wissner moved, seconded by Ismail, to close the public hearing. Motion carried 6-0-0. MOTION 2: Wissner moved, seconded by Ismail, to recommend to the City Council approval of the request of Ned Hirschler for Zoning District Amendment within the Rl- 13.5 Zoning District on 1 acre based on plans dated March 10, 1995, and subject to the recommendations of the Staff Report dated April 7, 1995. Motion carried 6-0-0. MOTION 3: Wissner moved, seconded by Ismail, to recommend to the City Council approval of the request of Ned Hirschler for Preliminary Plat of 1 acre into one lot based on plans dated March 10, 1995, and subject to the recommendations of the Staff Report dated April 7, 1995. Motion carried 6-0-0. V. E . -4 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT/ FEE OWNER: LOCATION: REQUEST: Planning Commission Scott A. Kipp April 7, 1995 Hirschler Addition Ned Hirschler North terminus of Canterbury Lane 1. Zoning District Amendment in the Rl-13.5 district on 1 acre. 2. Preliminary Plat of 1 acre into 1 lot. 1 V.E.·=;- ., .... '': ... ..,. /' /' ;' ·f ~ •• ..: 10· ... ~~ .. ~ ~ . ,. 1 ($ { J'J) • :~l ( ~ ! ) , '!~ 'J',I' ~.r ~ ~ ~ ~'!J ~, ~ :;: .. ~ .~. .' ':5, , J . . ( ._, ~ :1: \ • "5.;) ( 5}j ~ " " !' ~~ ~ :, i ;:1 I. .' ( J~) -I . " ~ ! ;< .,J: / ;·~S." / 1 ~ }/ " i / ~ ~~i j ~ , '~,;' :: ( I; ,. ':/' ~ fdJ ~ ':0 -.. ~:.~t ; ~ I ( ~ J n .. . 5 ~ ~ i J3! If" ~, " - .e ..: ,.. ?, , " -~ ,. ~ - S? .f j .... ,:- I (" 'J 'n,'J f (3) J' '.: .. ~ } , " , ... , Staff Report Hirshler Addition April 7, 1995 BACKGROUND This one acre parcel was zoned Rl-13.5 as part of the Lavonne Industrial Park IV project approved by the City Council in 1988. Also at that time, the Council approved the construction of the existing industrial buildings that are immediately to the north of this parcel. The rezoning of the R1-13.5 parcel was based on the property being replatted into 1 single family lot, with completion of Canterbury Lane in a cul-de-sac. It also required that the project return to the Planning Commission and City Council for review and approval. The site abuts the Lavonne IV buildings to the north, a 'Very large wooded scenic easement area to the east, established residential to south, and a County owned piece of Birch Island Park property to the west. Some significant vegetation exists near the south central portion of the site. A six-foot high wood screening fence, and numerous evergreen trees extends across the site near the north property line. This fence and associated plantings were required as part of the 1988 approval. SITE PLAN AND PRELIMINARY PLAT The project consists of replatting the existing outlot into one single family lot. The proposed single family residence is consistent with the prior Council approval, and is shown to be placed on the parcel to minimize the need for grading and vegetation removal. No significant trees will be lost due to construction. At the time of the original approval, the City obtained a scenic easement for the property covering all the significant wooded areas on the site. Because of the proximity of the industrial sites to the north, this property will experience industrial related noise. Even though the noise may not exceed state noise standards (also adopted by City Code), the builder may wish to implement additional construction measures to better insulate the house from this noise source. ACCESS The original 1988 site plan depicted access to the property from a proposed cul-de-sac. The current proposal shows an alternative access by way of aT-shaped tum-around. Both proposals provide the necessary means for emergency vehicle and snow plow maneuvering, however, the T-shaped tum-around greatly minimizes site impacts. This results in no significant tree loss, and V.E..-7 Staff Report Hirshler Addition April 7, 1995 maintains the maximum amount of natural buffering between the existing neighborhood and the industrial property to the north. A cul-de-sac would require the removal of all the significant trees, and placement of the proposed house closer to the industrial land uses in order to meet a front yard setback. This T-shaped turn-around has been reviewed by the Engineering and Streets Divisions, and Fire Marshall and they recommend approval of this alternative with the following provisions: o Canterbury Lane should be extended to the south property line of the site at its present 22 foot width. o North of this property line the width can be reduced to 20 feet. o Each leg of the T turn-around should be 20 feet wide and 20 feet in length. o The extension of Canterbury Lane and the construction of the T turn-around should conform to City standards for structural section. o Drainage and utility easements for the T turn-around and adequate easements for snow storage should be provided. Should the Planning Commission and City Council approve the use of the T -shaped turn-around, a variance will be required from the Board of Appeals to permit the lot frontage to the public road be 30 feet, rather than 85 feet as required in the Rl-13.5 district. UTILITIES City sewer and water is available to the site. Water service can come from the existing line that traverses the property on the west side. Sanitary sewer service will require the use of a force main due to the grade difference between the existing sewer line and the proposed house elevation. The connection should be made directly to the existing main line and not the service stub as proposed. This stub is used by an existing residence. A safety back-up system will need to be incorporated into the design in the event of pump failure. A connection fee of $7,400.00 for connection to the sanitary sewer and water main will be required. RECOMMENDATIONS Staff would recommend approval of the Zoning District Amendment within the Rl-13.5 district and Preliminary Plat of 1 acre into 1 lot, based on plans dated March 10, 1995, this staff report and the following: 1. Prior to Final Plat approval, the proponent shall: V. E. -8 Staff Report Hirshler Addition April 7, 1995 A. Receive a variance from the Board of Appeals and Adjustments for a lot frontage of 30 feet, rather than 85 feet as required in the Rl-13.5 district. B. Provide the necessary drainage and utility easements for the property, including an easement for the T -shaped turn-around, and an adequate easement for snow storage on the property. C. Submit detailed plans for review and approval by the City Engineer and Fire Marshall for the construction of the T-shaped turn-around, based on City standards for structural section. D. Submit detailed utility plans for review and approval by the City Engineer, including the construction of the sanitary force main to Canterbury Lane. 2. Concurrent with building construction, and prior to any Certificate of Occupancy, the proponent shall construct the T -shaped turn-around to the satisfaction of the City. v.E.-9 1 ==-==1', -' ] / lu 2. ~ ([ /"_OlJ"-.J<:' I L A"PP~VtD CotVLE?T "Pl.-AN ...----!----~- __ --'1---J Y .-.~----.~ -. ,- i " . \. -o V.£.-/6 MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities FROM: Stuart A. FO~anager of Parks and Natural Resources DATE: April 12, 1995 SUBJECT: Supplemental Staff Report to the Community Development Staff Report Dated April 7, 1995 for Hirschler Addition BACKGROUND: The proposed development of this site occurs on a one acre parcel of land, known as Outlot C of Lavonne Industrial Park IV. The original thought on the development of this site would occur in one of two ways: 1. The site would be serviced by a cul-de-sac extension of Canterbury Lane and subdivided into an appropriate number of lots when that project was completed. 2. The City would put in a trail system connection from Canterbury Lane to Edenvale Boulevard either through the outlot or through an adjacent piece of property to the west owned by Hennepin County. With the development of Lavonne Industrial Park IV, the City soon learned that the connection of the trail system from Canterbury Lane to Edenvale Boulevard was going to be a difficult proposition. A number of factors came into play. First the property owned by the County was available for the City to acquire; however, due to severe grading changes, and a multiple tier retaining wall, it made it impractical to make a trail connection through the County property. Secondly, the use of this site as a trail corridor leading to the industrial park would take people through a rather circuitous route and would eventually dump them into a parking lot that serves the industrial park buildings. There is a scenic and conservation easement across the easterly portion of this outlot. The easement also covers a significant portion of "the undeveloped portion of Lot 1 to the east. The primary reason for this scenic and conservation easement was to provide a wooded buffer between the homes on Stratford Road and the business/industrial buildings in the Lavonne Industrial Park. 1 V.E, -/1 ISSUES: Natural Resources/Tree Preservation The one acre parcel has several areas of significant vegetation on it; however, none of the significant trees are impacted by the house construction. The proposal is to construct a house in an existing open area with minimal disturbance to vegetation. The location as proposed would have minimal impact on the landscaping that was installed in conjunction with Lavonne Industrial Park, as well as the existing natural vegetation. Wetland Impact and Storm Water Treatment The proponent is not required to take any action regarding storm water treatment, since this is a one acre parcel of land and the runoff from the structure, as well as the driveway can be easily handled over land on the site. Sidewalks and Trails This project involved the extension of an existing City street and there is no requirement for trail or sidewalk connections, since Canterbury does not have an existing sidewalk. STAFF RECOMMENDATION: The staff would recommend approval of the zoning district amendment in the Rl.13.5 district and preliminary plat of one acre into one lot based on the plans dated March 10, 1995. This project was reviewed by the Planning Commission at their April 10, 1995 meeting and received a 6-0 approval based on the Community Development Staff Report dated April 7, 1995. HirshlerlStuart 2 V.E.-I~ UNAPPROVED MINUTES Fox noted that tree farms are exempted in the tree ordinance because these trees are being raised for the specific purpose of harvesting them. If he chose to cut them all down, he could do that. Hilgeman expressed concern about page 5 of the Staff Report, because things are not always done the way they should be. Fox replied that what's shown on the house pad is what Staff feels is a true representation of what the market value of this house will be. Koenig asked if the association will govern the conservancy easement. Murray replied that the association will be responsible for the site, for the easment and the conservancy easement. Murray gave a brief history on the skeletons that were found on the site. Hilgeman noted that she is comfortable with the recommendation of the credit written in the report, and the Staff's recommendations. The other Commissioners concurred. MOTION: Hilgeman moved to approve the Walnut Ridge development as per Staff recommendations of the Staff Report dated April 7, 1995, and the credit to be requested is subject to Staff's inspection of Walnut Ridge. Brown seconded the motion and it passed 7-0-0. c. Hirshler Addition Staff referred the Commission to a memo dated April 12, 1995, from Stuart A. Fox, Manager of Parks and Natural Resources, and a Staff Report dated April 7, 1995, from Scott A. Kipp, City Planner. Ned Hirschler, owner, reviewed his proposal of development with the Commission. This site is an outlot located in the King's Forest Addition. He plans to build a residential single family home on this site. Everything to the right of the scenic easement they intend to not touch, other than clean up some of the construction debri that's been stacked there for years. He needs special permission to remove everything, as long as it's just to clean up. The existing fencing will remain and they are planning to add fencing in the backyard that will match the look of the other fence. Fox reviewed Staff's recommendations with the Commission. He noted that this particular parcel of property was originally platted as an outlot. At the time it came in with Lavonne Industrial Park, there were a number of options. The primary concerns were in terms of the turn-around in terms of snow removal. The size of the tum-around is large enough so City vehicles can go in there. Staff's recommendation is that this is better than bringing in a cul-de-sac. 7 V. E. -13 VI. Koenig thanked Mr. Hirschler for his sensitivity to the trees and the natural area, and the Commission appreciates that. MOTION: Kracum moved to approve the Hirschler Addition as per Staff Report of April 7, 1995. Koenig seconded the motion and it passed 7-0-0. OLD BUSINESS A. NONE. VII. NEW BUSINESS A. A ward Bids for Site Furniture at Miller Park Staff referred the Commission to a memo dated April 18, 1995, from Barbara Penning Cross, Parks Planner, Parks, Recreation and Facilities Management. Lambert noted that three bids have been received for City furniture which includes trash receptables, benches and tables. This is still part of the referendum funding project. Staff is recommending Value Recreation Incorporated in the amount of $29,734.88. Hilgeman suggested the Senior Center make the furniture at their new wood place. Lambert replied that this furniture is not wood, but metal with rubberized coating on the outside. Bowman asked how much money was allocated for this furniture in the original referendum, if they are close to the Original budget estimation. Lambert replied that they are within a few thousand dollars. Jacobson inquired about why they are purchasing furniture this year when Miller Park will not be open. Lambert replied that it will be open June 1st for limited areas. The baseball and softball fields, and the picnic area will not be opened until this Fall. Fox noted that it was to their advantage to purchase all the furniture at one time and get the best deal. MOTION: Hilgeman moved to award the bid for the City furniture at Miller Park to Value Recreation Incorporated, so named, as per Staff recommendation of April 18, 1995. Koenig seconded the motion and it passed 7-0-0. B. Award Bids for Bleachers at Miller Park Staff referred the Commission to a memo dated April 18, 1995, from Barbara Penning Cross, Parks Planner, Parks, Recreation and Facilities Management. 8 V. £. -I t.J DATE: 05/09/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: V.F SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Engineering Division Vacation 95-03: Vacation of Right-of-Way and Easements in Eden School David Olson Addition Published 04/27/95 Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating the right-of-way for Eden Court and School Road and all drainage and utility easements in Eden School Addition. Overview: The Minnesota Department of Transportation has completed the purchase of all parcels in Eden School Addition and is now in the process of transferring ownership of the properties to the Eden Prairie School District. Vacation of the road right-of-way and the drainage and utility easements will simplify the transfer procedure. JI. f, I CITY OF EDEN PRAIRIE HENNEPIN COUNTY , MINNESOTA RESOLUTION NO. VACATION OF RIGHT OF WAY FOR EDEN COURT AND SCHOOL ROAD AND EASEMENTS IN EDEN SCHOOL ADDITION WHEREAS, the City of Eden Prairie has certain right-of-way and easements described therein as follows: Right-of-Way for School Road described as follows: That part of "town road" (presently known as School Road) as recorded in the Office of the Registrar of Deeds of Hennepin County, Minnesota in Book 2027 of Deeds, Page 26, lying Southerly of the Southerly right-of-way line of Minnesota Trunk Highway No.5 as said highway is now laid out and lying Northerly of the following described line: Beginning at the intersection of the Northwest line of said "town road" with the North line of the Southwest Quarter of the Northwest Quarter of Section 16, Township 116, Range 22 West; said point being 1,116.77 feet Easterly of the Northwest corner of the Southwest Quarter of said Northwest Quarter said point being the beginning of the line being described; thence Southeasterly perpendicular to the Northwest line of said "town road" a distance of 66 feet to the Southeasterly line of said "town road" and there terminating. Right-of-Way for Eden Court described as follows: That part of Eden Court as dedicated in the plat of Eden School Addition recorded in the Office of the County Recorder, Hennepin County, Minnesota. Utility and drainage easements in Eden School Addition described as follows: All utility and drainage easements as dedicated in the plat of Eden School Addition recorded in the Office of the County Recorder, Hennepin County, Minnesota. All utility and drainage easements previously retained through vacations of said "town road", including those described in Document No. 5439134 as recorded in the Office of the County Recorder, over all of "town road" as described in Book 2027 of Deeds, Page 26 of record in the recording Offices of Hennepin County, Minnesota. WHEREAS, a public hearing was held on May 9, 1995 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way and easements are not necessary and have 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 and easements as above described are 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 May 9, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk £-:ATCN ir·:~:':STR SCHOOL o 1ST .N0i21H e~! CITY COUNCn. AGENDA "'U SECTION: DEPARTMENT: ITEM: DESCRIPl'ION: FINANCE VEPT PAYMENT OF CLAIMS CHECK NUMBER 30274 THRU 30833 Action/Direction: DATE: MAY 9, 1995 ITEM: NO. VI MAY 9, 1995 30274 REBECCA ENGER SERVICE-COMPUTER INSTRUCTOR-SENIOR PROGRAMS. 30275 CARVER COUNTY COURTHOUSE PAYROLL 03-31-95. 30276 CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 03-31-95. 30277 FEDERAL RESERVE BANK PAYROLL 03-31-95. 30278 GREAT~EST LIFE & ANNUITY PAYROLL 03-31-95. 30279 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 03-31-95. 30280 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 03-31-95. 30281 laMA RETIREMENT TRUST-457 PAYROLL 03-31-95. 30282 MN DEPT OF REVENUE PAYROLL 03-31-95. 30283 MINNESOTA MUTUAL LIFE PAYROLL 03-31-95. 30284 MN STATE RETIREMENT SYSTEM PAYROLL 03-31-95. 30285 MN TEAMSTERS CREDIT UNION PAYROLL 03-31-95. 30286 EXECUTIVE DIRECTOR-PERA PAYROLL 03-31-95. 30287 EXECUTIVE DIRECTOR-PERA PAYROLL 03-31-95. 30288 EXECUTIVE DIRECTOR-PERA PAYROLL 03-31-95. 30289 UNITED WAY PAYROLL 03-31-95. 30290 BELLBOY CORPORATION LIQUOR & WINE. 30291 EAGLE WINE CO LIQUOR & WINE. 30292 GRIGGS COOPER & CO INC LIQUOR. 30293 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE. 30294 PAUSTIS & SONS CO WINE. 30295 PHILLIPS WINE & SPIRITS LIQUOR & WINE. 30296 'PRIOR WINE CO LIQUOR & WINE. 30297 QUALITY WINE & SPIRITS CO LIQUOR & WINE. 30298 RAFIKI & ASSOC INC WINE. 30299 THE WINE COMPANY WINE. 30300 WORLD CLASS WINES INC WINE. VI 30301 HENNEPIN COUNTY COURT ADMINISTRAT SERVICE-COMSTOCK & DAVIS VS EDEN 'PRAIRIE. 30302 JOYCE A BLACK ENTERTAlNMENT-SPRING SALAD LUNCHEON- SENIOR 'PROGRAMS. 30303 Mel TELECOMMUNICATIONS SERVICE. 30304 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION & EXCISE TAX. 30305 METROPOLITAN COUNCIL WASTEWATER S MARCH 95 SAC CHARGES. 30306 MINNESOTA STATE TREASURER MARCH 95 BUILDING PERMIT SURCHARGE REPORT. 30307 NORTHERN STATES 'POWER CO SERVICE. 30308 U S POSTMASTER POSTAGE-OUTDOOR CENTER 'PROGRAM BROCHURE. 30309 ILRU 'PROGRAM BOOK-A GUIDE TO PLANNING ACCESSIBLE MTGS. 30310 AVCAM CONFERENCE-POLICE DEPT. 30311 CTO ADVISORY COMMITTEE CONFERENCE-POLICE DEPT. 30312 CTO ADVISORY COMMITTEE CONFERENCE-POLICE DEPT. 30313 MARY LINDNER REFUND-TAl CHI CHIH. 30314 JOANNE MANLOVE REFUND-TAl CHI CHIH. 30315 HOLLY SANDERS REFUND-TAl CHI CHIH. 30316 JACKIE SCHUTT REFUND-TAl CHI CHIH. 30317 SUPERIOR FORD INC 4 FORD SEDANS-PUBLIC SAFETY DEPT. 30318 KENDALL/HUNT 'PUBLISHING CO 'PUBLICATIONS~ATER DEPT. 30319 NATIONAL LIME ASSN 'PUBLICATINS~ATER DEPT. 30320 U S POSTMASTER POSTAGE-MAY/JUNE 95 COMMUNITY NEWSLETTER- COHMUNITY SERVICES DEPT. 45212265 MAY 9, 1995 1 • 63.00 49.37 276.93 400.00 8118.50 240.46 268.20 3639.42 227.42 1086.50 267.00 25.00 40289.81 52.50 2577 .57 157.75 2520.43 4694.80 35585.01 54198.20 2635.65 30632.25 12227.02 21148.25 370.36 1842.85 195.89 48714.42 45.00 557.99 2234.40 75735.00 4973.16 25669.72 160.36 25.00 35.00 220.00 200.00 23.00 23.00 23.00 23.00 66720.00 83.40 41.40 2825.66 MAY 9, 1995 VI 30321 BLOOMINGTON HUMAN RIGHTS COMM CONFERENCE-COMMUNITY SERVICES DEPT. 27.00 30322 YOUNG AUDIENCES OF MINNESOTA ENTERTAINMENT-HISTORICAL & CULTURAL 250.00 COMMISSION. 30323 KRAEMERS HOME CENTER CAN CRUSHER/RUST REMOVER/STRAP/FLASHLIGHT/ 667.09 MAILBOXES/SCRSWS/WASHERS/NUTS & BOLTS/KEY INDENTIFICATIONS/KEY RINGS/CAULKING/CAR WASH/VALVES/BATTERIES/GUTTERS/COUPLERS/ UTILITY PUMP/HOSES/NOZZLES/BRUSHES/STAPLE GUN/FITTINGS-FIRE DEPT/STREET MAINTENANCE/ FLEET SERVICES/ORGANIZED ATHLETICS DEPT/ UTILITIES DIVISION. 30324 VIOLETTE CHOPERENA REFUND-STRETCH N GROW LESSONS. 22.50 30325 ANN DAVIES REFUND-SWIMMING LESSONS. 15.00 30326 ROXANNE HARTKOPF REFUND-SWIMMING LESSONS. 45.00 30327 RYAN LEE REFUND-SWIIll-fING LESSONS. 21.00 30328 THERESA MOE REFUND-SU~ AFTERNOON PLAYGROUNDS. 30.00 30329 MARY PATTERSON REFUND-GYMNASTICS LESSONS. 40.00 30330 KATIE ROBERTS REFUND-SELF DEFENSE LESSONS. 25.00 30331 CHERYL SULLIVAN REFUND-GOLF LESSONS. 48.00 30332 ROSETTI VAASSEN REFUND-SWIIll-fING LESSONS. 18.00 30333 RICHARD BRClJJN REFUND-BUILDING PERMIT. 255.00 30334 QUALITY WASTE CONTROL INC MARCH 95 WASTE DISPOSAL SERVICE-57.77 FACILITIES DEPT. 30335 WATERPRO MXU TRANSCEIVER BRACKETS-WATER DEPT. 250.00 30336 WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 04-14-95. 700.00 30337 MN DEPT OF PUBLIC SAFETY BIKE REGISTRATIONS-POLICE DEPT. 108.00 30338 RAPIT PRINTING PRINTING SWIIll-fING CERTIFICATES-POOL 487.21 LESSONS. 30339 NORWEST BANKS MINNESOTA N A PAYROLL 04-14-95. 83034.22 30340 MINNESOTA DEPT OF HEALTH WATER SUPPLY SYSTEM OPERATOR CERTIFICATE 75.00 RENSWAL-WATER DEPT. 30341 U S WEST COMMUNICATIONS SERVICE. 2448.42 30342 U S WEST CELLULAR INC SERVICE. 892.28 30343 JOAN ANGELZ REFUND-SWIIll-fING LESSONS. 42.00 30344 MARY BRANHAM REFUND-SWIMMING LESSONS. 21.00 30345 DONNA CAROLUS REFUND-BICYCLE MAINTENANCE-OUTDOOR CENTER 20.00 PROGRAM. 30346 GRANT HARTMAN REFUND-SWIIll-fING LESSONS. 21.00 30347 ETHEL HOFFHINES REFUND-ADULT CHURCH TOUR-ADULT PRcJGRAI.fS. 23.50 30348 DEBBIE HOL REFUND-SWIIll-fING LESSONS. 21.00 30349 BARB JANSEN REFUND-SWIIll-fING LESSONS. 24.00 30350 VIOLET LAPPIN REFUND-LINE DANCE DEMO-SENIOR CENTER 2.00 PROGRAMS. 30351 PAMELA LEAVITT REFUND-SWIMMING LESSONS. 20.00 30352 JOYCE LINDNER REFUND-SWIIll-fING LESSONS. 3.00 30353 JOANNE MANLOVE REFUND-LINE DANCE DEMO-SENIOR PROGRAMS. 2.00 30354 ROBERT MCCARTHY REFUND~DWORKING LESSONS. 5.00 30355 RICHARD POEY REFUND-FLY FISHING LESSONS. 5.00 30356 CAROL ROSENAUER REFUND-SWIIll-fING LESSONS. 13.00 30357 JUDY SANVICK REFUND-SWIIll-fING LESSONS. 72.00 8981099 MAY 9, 1995 2. MAY 9, 1995 VI 30358 JOY SHEEHAN REFUND-SWIMMING LESSONS. 45.00 30359 JULIE SHERMAN REFUND-SWIMMING LESSONS. 24.00 30360 ANN STEIN REFUND-LINE DANCE DEMO-SENIOR PROGRAMS. 2.00 30361 PAULA VAN DELAARSCHOT REFUND-SWIMMING LESSONS. 24.00 30362 PAM VINTON REFUND-SPRING WALKING CLUB-ADAPTIVE 15.00 RECREATION PROGRAM. 30363 RICHARD ZIMENSKE REFUND-BIKE MAINTENANCE/WOODWORKING FOR 25.00 WILDLIFE-OUTDOOR CENTER PROGRAMS. 30364 U S WEST COMMUNICATIONS SERVICE. 275.35 30365 SISINNI FOOD SERVICE DINNER EXPENSE-CITY HALL. 3703.98 30366 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL. 216.47 30367 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATIONS. 7374.02 30368 BONNIE PROKOPANKO REFUND-SWIM LESSONS-MATTHEW. 24.00 30369 DEBBY DEMEE REFUND-SWIM LESSONS-JASON. 3.00 30370 CHRISTINE LOOSE REFUND-GYMNASTICS-DAVID. 24.00 30371 LINDA ALGINO REFUND-YOUTH ROLLER HOCKEY-RYAN. 5.00 30372 AMY SCHNEIDER REFUND-ADULT BEGINNING GOLF. 48.00 30373 JOSEPH CHRISTENSON REFUND-TENNIS LESSONS FOR CLAIRE. 12.00 30374 TERRI MATTSON REFUND-TENNIS LESSONS FOR ALLEN & 32.00 BENJAMIN. 30375 WANDA RIEGERT REFUND-GYMNASTICS FOR WITNEY. 24.00 30376 ROBIN ABRAHAM REFUND-ROLLER HOCKEY FOR ANDY. 26.00 30377 MICHELLE ELLINGSON REFUND-GYMNASTICS FOR NATASHA. 21.00 30378 DAVID CASSIN REFUND-YOUTH ROLLER HOCKEY. 25.00 30379 PHILLIP HILL AND COSGROVE FLYNN FINAL PAYMENT FOR PHILLIP HILL PROPERTY. 63008.29 30380 SCHOOL DISTRICT #272 REFUND FOR OVER BILLED SEWER. 2612.50 30381 CITY OF RICHFIELD VEHICLE REGISTRATION TABS. 66.00 30382 AAHPERD MEMBERSHIP RENEWAL-TRIA VIKESLAND. 120.00 30383 MRPA CONFERENCE-PARKS-VIKESLAND-APRIL 25. 6.00 30384 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 160.00 30385 HOPKINS POSTMASTER POSTAGE FOR MAY E P ECHOES. 217.46 30386 BROOKSTONE COMPANY DOOR PRIZES-HEALTH & BENEFIT FAIR-3 95.75 DIGITAL REMOTE SCALES. 30387 DAY DISTRIBUTING COMPANY BEER. 6821.25 30388 EAST SIDE BEVERAGE CO BEER. 9819.25 30389 GRIGGS COOPER & CO INC BEER. 23.59 30390 MARK VII DISTRIBUTING COMPANY BEER/BOTTLES/BEER/BOTTLES. 10417 .15 30391 MIDWEST COCA COLA BOTTLING CO MIX. 699.65 30392 PEPSI-COLA COMPANY MIX. 356.72 30393 PHILLIPS WINE & SPIRITS BEER. 19.98 30394 QUALITY WINE & SPIRITS CO BEER. 35.90 30395 THORPE DISTRIBUTING COMPANY BEER. 14290.80 30396 LAURA 2WIEFELHOFER REFUND-BIKE TOUR. 10.00 30397 RUTH AHRENS REFUND-BIKE TOUR. 10.00 30398 MARGARET ASBY REFUND-SWIM LESSONS FOR BRIAN & KRISTEN. 19.70 30399 MARLA DZIUBINSKI REFUND-SWIM LESSONS FOR CAMERON. 15.00 30400 TElJDY BICKEL REFUND-YOUTH SAILING. 25.00 30401 SHERRY VON MOSCH REFUND-BIKE TRIP. 10.00 30402 DIXIE QUINN REFUND-SWIM LESSONS FOR COLIN & SEAN. 42.00 30403 TIM TAYLOR REFUND-SKATING LESSONS FOR ANA. 26.00 12087681 MAY 9, 1995 3. MAY 9, 1995 VI 30404 BERNADETTE BRAEGELMANN REFUND-IN LINE SKATING. 15.00 30405 DEBORAH JENSEN REFUND-GOLF CAMP FOR BRANDON. 65.00 30406 MEL NIERENGARTEN REFUND-DAYTIME GOLF LESSONS. 48.00 30407 MAUREEN JOHNSON REFUND-DAYTIME GOLF LESSONS. 48.00 30408 SUSAN GRADY REFUND-KIDS KORNER FOR NICHOLAS. 38.00 30409 DEBRA LUECK REFUND-BEGINNING JUNIOR GOLF FOR MICHAEL. 29.00 30410 BARBARA DENNIS REFUND-KIDS KORNER FOR MICHAEL. 38.00 30411 FIRST TRUST NATIONAL ASSOCIATION ADMINISTRATIVE FEES. 1867.00 30412 CITY OF RICHFIELD VEHICLE REGISTRATION LICENSE TABS. 34.00 30413 LAW S6MINARS INTERNATIONAL CONFERENCE-FACILITIES-BARB CROSS-MAY 18 & 415.00 19. 30414 OPTIMIST CLUB OF EDEN PRAIRIE SOFTBALL TOURNAMENT-SPECIAL EVENTS 2476.00 PROGRAM-FEES PAID. 30415 MN HISTORY CENTER CONFERENCE-HISTORICAL-JOHN GERTZ-APRIL 29. 25.00 30416 CANADA LIFE ASSURANCE CO DISABILITY INSURANCE PR6MIUM-APRIL P/R 4-2155.80 14-95. 30417 CARVER COUNTY COURTHOUSE PAYROLL 4-14-95. 49.37 30418 CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 4-14-95. 276.93 30419 FEDERAL RESERVE BANK SAVINGS BONDS-PAYROLL 4-14-95. 350.00 30420 GREAT~EST LIFE & ANNUITY PAYROLL 4-14-95. 8138.50 30421 HEALTHPARTNERS HEALTH INSURANCE PR6MIUM-MAY-P/R 4-14-95. 24160.04 30422 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 4-14-95. 268.20 30423 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 4-14-95. 240.46 30424 INTL UNION OF OPERATING ENGINEERS UNION DUES-APRIL-P/R 4-14-95. 1243.00 30425 MN DEPT OF REVENUE PAYROLL 4-14-95. 227.42 30426 ICMA RETIREMENT TRUST-457 PAYROLL 4-14-95. 3639.42 30427 MEDICA CHOICE HEALTH INSURANCE PR6MIUM-MAY-P/R 4-14-95. 49155.93 30428 MINNESOTA MUTUAL LIFE PAYROLL 4-14-95. 1086.50 30429 MN STATE RETIR6MENT SYST6M PAYROLL 4-14-95. 267.00 30430 MN TEAMSTERS CREDIT UNION PAYROLL 4-14-95. 25.00 30431 MUNICI-PALS RESERVATIONS-MAY 18. 70.00 30432 EXECUTIVE DIRECTOR-PERA PAYROLL 4-14-95. 40470.85 30433 EXECUTIVE DIRECTOR-PERA PERA LIFE INSURANCE FOR MAY-P/R 4-14-95. 237.00 30434 EXECUTIVE DIRECTOR-PERA PAYROLL 4-14-95. 135.00 30435 PRUDENTIAL INSURANCE CO LIFE INSURANCE PR6MIUM FOR APRIL-P/R 4-14-2890.99 95. 30436 UNITED WAY PAYROLL 4-14-95. 157.75 30437 JULIA FOOTE REFUND-GYMNASTICS FOR JACKIE. 4.00 30438 SANDY SANDERSON REFUND-GYMNASTICS FOR ANGELA. 4.00 30439 DEBRA JOHNSON REFUND-GYMNASTICS FOR ALISON. 4.00 30440 DEBBIE NELSON REFUND-GYMNASTICS FOR ALISON. 4.00 30441 SHANNON HILDEN REFUND-GYMNASTICS FOR SHANNON. 4.00 30442 DENISE FAULKS REFUND-GYMNASTICS FOR LINDSEY. 4.00 30443 MELANIE JOHN REFUND-GYMNASTICS FOR ASHLEE. 4.00 30444 DEE ANN ROULLIER REFUND-GYMNASTICS FOR BRIENNE. 4.00 30445 KAYLA MIELKE REFUND-GYMNASTICS FOR KAY LA. 4.00 30446 LISA TRUHLAR REFUND-GYMNASTICS FOR SHELBY. 4.00 30447 MARGARET ROSS REFUND-GYMNASTICS FOR KATIE. 4.00 30448 KAREN DOHMEN REFUND-GYMNASTICS FOR JENNIFER. 4.00 30449 THERESA THIES REFUND-GYMNASTICS FOR BRIANNA. 4.00 14039516 MAY 9, 1995 4. MAY 9, 1995 VI 30450 VINCENT TROVATO SR REFUND-GYMNASTICS FOR VINCENT JR. 4.00 30451 MARY JAEGER REFUND-GYMNASTICS FOR ERIC. 4.00 30452 ANITA STECKLING REFUND-GYMNASTICS. 4.00 30453 DEB JONES REFUND-GYMNASTICS FOR ALEX. 4.00 30454 LAURIE HOFFMAN REFUND-GYMNASTICS. 4.00 30455 JAN MERTES REFUND-GYMNASTICS FOR LAURA. 4.00 30456 PAM PETERSON REFUND-GYMNASTICS FOR ZACHARY & PAIGE. 8.00 30457 CHERYL PETERSON REFUND-GYMNASTICS FOR MEGAN. 4.00 30458 CONNIE SCHLUNDT REFUND-GYMNASTICS fOR CHRISTINE. 4.00 30459 SHEILA ROTH REFUND-GYMNASTICS FOR HANNAH. 4.00 30460 VICKY SARAfIAN REFUND-GYMNASTICS FOR MEGAN. 4.00 30461 E HARVEY REFUND-GYMNASTICS FOR FRANCES. 24.00 30462 BARB WELTER REFUND-GYMNASTICS FOR ALLISON. 4.00 30463 KARIN VAN DYKE REFUND-GYMNASTICS FOR ALEXANDER. 4.00 30464 SHELLEY SMITH REFUND-GYMNASTICS FOR MEGAN. 4.00 30465 JOY THUE REFUND-GYMNASTICS FOR DANIELLE. 4.00 30466 DEBRA BERGSTRAND REFUND-GYMNASTICS FOR DAVID. 4.00 30467 BILL FUESZ REFUND-GYMNASTICS FOR GRETCHEN. 4.00 30468 MARY THOMAS REFUND-GYMNASTICS FOR LUISA. 4.00 30469 EDEN PRAIRIE CHAMBER OF COMMERCE APRIL MEETING ATTENDANCE. 105.00 30470 MN STATE FIRE DEPT ASSN CONFERENCE-FIRE DEPT. 90.00 30471 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/POLICE DEPT. 450.55 30472 MINNESOTA VALLEY ELECTRIC COOPERA SERVICE. 347.19 30473 HENNEPIN COUNTY TREASURER APRIL 95 SOLID WASTE MANAGMENT FEE-PARK 43.65 MAINTENANCE. 30474 JASON-NORTHCO L P #1 MAY 95 RENT-LIQUOR STORE I. 4877 .14 30475 SUPPLEES 7 HI ENTER INC MAY 95 RENT-LIQUOR STORE II. 5055.90 30476 UNITED PROPERTIES MAY 95 RENT-LIQUOR STORE III. 6465.00 30477 NORTHERN STATES POWER CO SERVICE. 12343.07 30478 MARLYS BAGAASON REFUND-SWIMMING LESSONS. 24.00 30479 TRISH BANNACH REFUND-ADULT TENNIS LESSONS. 26.00 30480 JOSEPH BECK REFUND-ROLLER HOCKEY LEAGUE. 26.00 30481 PATRICK BYERS REFUND-ROLLER HOCKEY LEAGUE. 26.00 30482 DEBORAH ESSINK REFUND-SHRINE CIRCUS-SPECIAL TRIPS & 24.00 EVENTS PROGRAM. 30483 LYNN KADLUBOWSKI REFUND-ADULT GOLF LESSONS. 29.00 30484 DEBRA KNUTSON REFUND-SHRINE CIRCUS-SPECIAL TRIPS & 24.00 EVENTS PROGRAM. 30485 DENNI LESTER REFUND-ADULT TENNIS LESSONS. 27.00 30486 ANDREA MARTIN REFUND-SWIMMING LESSONS. 24.00 30487 JAMES MILLER REFUND-SHRINE CIRCUS-SPECIAL TRIPS & 24.00 EVENTS PROGRAM. 30488 CHRIS NORDBY REFUND-SWIMMING LESSONS. 42.00 30489 J WALLACE REFUND-SWIMMING LESSONS. 21.00 30490 ANCHOR PAPER COMPANY WHITE & COLORED copy PAPER-CITY HALL. 787.87 30491 TCALMC WORKSHOP-HUMAN RESOURCES DEPT. 25.00 30492 MN PARK SUPERVISORS ASSN MEETING EXPENSES-PARK MAINTENANCE. 20.00 30493 HOTEL INTER-CONTINENTAL CONFERENCE LODGING-CITY COUNCIL. 646.88 30494 MINNESOTA UC FUND FIRST QUARTER 95 UNEMPLOYMENT 1093.13 COMPENSATION. 3276738 MAY 9, 1995 5. MAY 9, 1995 VI 30495 MN DEPT OF NATURAL RESOURCES FEES FOR WEED CUTTING & CHEMICAL 70.00 TREATMENT OF BEACHES AND FISHING AREAS FOR ROUND LAKE & STARING LAKE. 30496 SHARON BURGER REFUND-SWIMMING LESSONS. 24.00 30497 SHARON FLYNN REFUND-SWIMMING LESSONS. 24.00 30498 KATHY LEMONS REFUND-SWIMMING LESSONS. 24.00 30499 MARY LINDNER REFUND-DESIGN YOUR OWN CARDS CLASS-SENIOR 8.00 PROGRAMS • 30500 JEAN f«1RRISON REFUND-SWIMMING" LESSONS. 24.00 30501 MARILY NAREM REFUND-SKATING LESSONS. 78.00 30502 KATY THIELKE REFUND-SWIMMING LESSONS. 24.00 30503 CARD SERVICES CONFERENCE EXPENSES/DIRECTORY-CITY HALL/ 249.40 ADMINISTRATION DEPT. 30504 LAKELAND FORD TRUCK SALES INC TREE TRUCK LOADER-$66856/DUMP TRUCK-112569.40 $45713-STORM DRAINAGE PROGRAM. 30505 SUPERIOR FORD INC FORD SEDAN-PUBLIC SAFETY DEPT. 16680.00 30506 FIRST TRUST NATIONAL ASSN LEASE REVENUE BONDS ADMINISTRATIVE FEES-1782.50 FINANCE DEPT. 30507 PIZZA HUT STAFF MEETING EXPENSES FOR SUMMER AQUATIC 62.38 STAFF-ROUND LAKE BEACH. 30508 MN BOARD OF POLICE POST BOARD LICENSE FEES-POLICE DEPT. 345.00 30509 EDEN PRAIRIE SCHOOL DIST 272 SUPPLIES FOR COUNTERACT PROGRAM AT OAK 337.64 POINT -POLICE DEPT. 30510 CALIBRE PRESS INC SCHOOL -POLICE DEPT. 358.00 30511 HOLIDAY SPORTS BOAT SEAT/MOUNT BRACKET-FLEET SERVICES. 79.85 30512 ISUZU DIESEL MIDWEST FUEL INJECTOR-FLEET SERVICES. 362.35 30513 UNIVERSITY OF MINNESOTA PUBLICATIONS-POOL LESSONS. 22.17 30514 CARL JULLIE REFUND-OVERPAYMENT OF PERA. 47.01 30515 U J BALAKRISHNAN REFUND-YOUTH TENNIS LESSONS. 24.00 30516 GRETCHEN OORR REFUND-BRYANT LAKE DAY CAMP. 222.00 30517 JUDITH GOODENOUGH REFUND-IN LINE SKATING LESSONS. 37.50 30518 MARY DEE HICKS REFUND-SUMMER AFTERNOON PLAYGROUNDS 30.00 PROGRAM. 30519 CATHY WATKINS REFUND-ROLLER HOCKEY LEAGUE PROGRAM. 26.00 30520 GRETCHEN OORR REFUND-SPORTS CAMP PROGRAM. 68.00 30521 ABM EQUIPMENT & SUPPLY INC CART-PARK MAINTENANCE. 69.23 30522 ACCOUNTEMPS SERVICE-FINANCE DEPT. 1568.00 30523 ACME TYPewRITER INC SHREDDER REPAIR-POLICE DEPT. 119.04 30524 ADVOCATES FOR THERAPEUTIC VIDEO-DUPLICATION & MAILING-ADAPTIVE 20.00 RECREATION PROGRAM. 30525 AFFIRMED MEDICAL SERVICES INC FIRST AID SUPPLIES-CITY HALL. 81.30 30526 AIM ELECTRONICS INC START/STOP REMOTES-COMMUNITY CENTER. 100.35 30527 ALTERNATIVE BUSINESS FURNITURE IN WORKSURFACE/WALLTRACKS-ASSESSING DEPT/ 296.25 COMMUNITY DEVELOPMENT DEPT. 30528 AMERICAN BANK N A BOND ADMINISTRATIVE FEES-FINANCE DEPT. 819.90 30529 AMERICAN LINEN SUPPLY CO MATS/TOWELS/UNIFORMS-LlQUOR STORES/ 323.22 COMMUNITY CENTER. 30530 AMERICAN MANAGEMENT ASSN TRAINING SUPPLIES~ATER DEPT. 233.76 30531 AMERICAN PAGING OF MINNESOTA APRIL 95 PAGER SERVICE-POLICE DEPT. 33.16 30532 AMERICAN PUBLIC WORKS ASSN PUBLICATIONS-SEWER DEPT. 68.00 13731141 MAY 9, 1995 6. MAY 9, 1995 VI 30533 AMERICAN RED CROSS TEXTBOOKS-POOL LESSONS. 306.72 30534 AMERICAN WATER WORKS ASSOC PUBLICATIONS-UTILITIES DIVISION/TRAINING 909.45 VIDEOS~ATER DEPT. 30535 EARL F ANDERSEN & ASSOC INC BARRICADE SHEETING/BOLT LINKS/HEX KEYS-498.39 PARK MAINTENANCE. 30536 'DON ANDERSON JR SERVICE-HOCKEY OFFICIAL/FEES PAID. 1725.00 30537 AQUA CITY TESTING OF IRRIGATION SYSTEMS BACKFLOW 175.00 PRE VENTERS FOR ROUND LAKE PARK & FRANLO PARK. 30538 ARTEKA NATURAL GREEN LANDSCAPING-MILLER PARK IMPROVEMENTS. 4622.50 30539 ASPEN CARPET CLEANING CARPET CLEANING~ATER TREATMENT PLANT. 225.00 30540 APCO DUES-POLICE DEPT. 62.00 30541 ATLAS FOUNDATION CO LOG SKIDDER RENTAL-FORESTRY DEPT. 1917.00 30542 AT&T TELEPHONE~ATER DEPT. 244.30 30543 AT&T WIRELESS SERVICES APRIL 95 PAGER SERVICE-COMMUNITY CENTER. 21.30 30544 B & STOOLS BAND SAW BLADES/SCREWDRIVER KITS/SCREW 346.75 STARTERS/SPARK PLUG TESTER/KEYLESS CHUCK/ FEELER GAUGES/IMPACT DRIVER SET/TIN SNIPS/ POP RIVET SET-FLEET SERVICES/UTILITIES DIVISION. 30545 BACH MANS EXPENSES-CITY HALL. 48.00 30546 BACONS ELECTRIC CO MODIFICATION OF SELECTOR SWITCHES FOR 11056.60 MOTOR STARTERS/PUMP PIT UPDATES/INSTALLED WASH WATER RECOVERY BASIN/LEVEL CONTROLLERS/REPLACED CONTACT KIT/START-UP FOR REBUILT PUMP MOTORS/BALLASTS DISPOSAL- UTILITIES DIVISION. 30547 GERALD J BARTZ SERVICE-VOLLEYBALL & BASKETBALL OFFICIAL/ 2023.00 FEES PAID. 30548 BEACON BALLFIELDS BALLFIELD CHALK-PARK ~NTENANCE. 1647.20 30549 BECKER ARENA PRODUCTS INC FREEZE IN POST/ACRYLIC SHEETS/SQUEEGEE 256.48 BLADES/WOOD HANDLES-COMMUNITY CENTER. 30550 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 997.19 30551 RON BELLENDIER SERVICE-JUDO INSTRUCTOR-POLICE DEPT. 280.00 30552 BLACK & VEATCH SERVICE~ATER TREATMENT PLANT EXPANSION. 6796.73 30553 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY 935.33 CENTER. 30554 CITY OF BLOOMINGTON GRAPHICS CHARGES-ADAPTIVE RECREATION 366.00 PROGRAM/MARCH 95 KENNEL COSTS-ANIMAL CONTROL DEPT. 30555 BLOOMINGTON LOCK & SAFE CO KEYS/KEY RINGS/DOOR HINGE & BOLT REPAIR/ 135.72 FIRE BOX KEYS-POLICE DEPT/FACILITIES DEPT/ COMMUNITY CENTER. 30556 BOYD HOUSER CANDY & TOBACCO CO EASTER CANDY-SOCIAL PROGRAMS. 347.30 30557 BRO-TEX INC TOWELS-FLEET SERVICES. 151.61 30558 BROCK WHITE MORTAR-PARK MAINTENANCE. 53.29 30559 BUDGET PLUMBING CORP INSTALLED WATER METER/REPLACED METER-977 .88 WATER DEPT. 30560 BUREAU OF CRIMINAL APPREHENSION SCHOOL-POLICE DEPT. 200.00 30561 CABINETPAK KITCHENS SERVICE-CABINET REMODELING-HOUSING 2485.00 REHABILITATION PROGRAM. 3981074 MAY 9, 1995 7. MAY 9, 1995 VI 30562 CAPITOL COMMUNICATIONS MARCH 95 MAINTENANCE AGREEMENT/ANTENNA/ 3570.55 CONTROL HEAD REPLACED/WAVE ANTENNAS/ CONNECTIONS-POLICE DEPT/FLEET SERVICES. 30563 CARLSON SYSTEMS SAW BLADES-PARK MAINTENANCE. 37.03 30564 KEVIN CASSADY GARDEN HOSE/ADAPTERS-WATER DEPT. 21.84 30565 CITY BUSINESS SUBSCRIPTION-ASSESSING DEPT. 54.00 30566 BILL CLARK OIL CO INC GEAR LUBRICANT-WATER DEPT. 612.13 30567 CLARK BOARDMAN CALLAGHAN PUBLICATION-UTILITIES DIVISION. 71.22 30568 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-REMODELING CENTER FOR THE ARTS. 850.00 30569 CM CONSTRUCTION COMPANY SERVICE-REMODELING SENIOR CENTER. 5802.00 30570 CO2 SERVICES PROPANE CYLINDERS-COMMUNITY CENTER. 57.61 30571 THE COLOR CENTERS PAINT/PAINT BRUSHES/LONG HANDLED ROLLERS 602.83 & COVERS-WATER DEPT. 30572 COLE PUBLICATIONS CROSS-REFERENCE DIRECTORY-~INISTRATION 228.08 DEPT. 30573 JOHN CONLEY LIGHT BULBS/CONFERENCE EXPENSES-POLICE 168.57 DEPT. 30574 CONNEY SAFETY PRODUCTS WIPES/CLEANING SUPPLIES/TILTBINS/RADIO/ 897.63 HEADSET/UTILITY SUITS/COVERALLS. 30575 CONSTRUCTION MATERIALS INC SPRAYER SHUT OFF VALVES/BRASS ENTEND RODS 149.21 & TIPS-WATER DEPT. 30576 CONTINENTAL SAFETY EQUIP INC DUST MIST RESPIRATOR-PARK ~NTENANCE. 50.33 30577 COPY EQUIPMENT INC FLAGGING TAPE/CAPS-PARK ~NTENANCE. 58.66 30578 CROWN MARKING INC ENGRAVED DESK SIGNS & INSERTS-CITY HALL. 57.38 30579 CROWN PLASTICS INC PLASTIC SHEETS-PARK ~NTENANCE. 53.92 30580 KATIE CRUGNOLA MATERIAL FOR ICE SHOW COSTUMES/SSWING-819.91 CXH«.INITY CENTER. 30581 esc CREVIT SERVICES INVESTIGATION SERVICES-POLICE DEPT. 30.00 30582 CULLIGAN -METRO APRIL/MAY SOFTENER SERVICE-OUTDOOR CENTER. 35.80 30583 CURTIN MATHESON SCIENTIFIC INC LAB SUPPLIES-WATER DEPT. 299.98 30584 CUTLER MAGNER COMPANY QUICKLIME-WATER TREATMENT PLANT. 7015.85 30585 DALCO CLEANING SUPPLIES-FACILITIES DEPT/WATER 422.82 DEPT. 30586 DANKO EMERGENCY EQUIPMENT CO TURNOUT GEAR-FIRE DEPT. 9447.00 30587 DANYS TAILOR UNIFORM REPAIR-POLICE DEPT. 151.20 30588 DECORATIVE DESIGNS MAY 95 LIVE PLANT ~NTENANCE-CITY HALL. 365.85 30589 DESIGNS BY NORVELL INC OFFICE SUPPLIES-POLICE DEPT. 94.52 30590 GARY DIETHELM SERVICE-GRAVE PREPARATION-PLEASANT HILLS 275.00 CEMETERY. 30591 DIRECT SAFETY CO CLEANING SUPPLIES-WATER DEPT. 187.90 30592 DORADUS CORPORATION SERVICE-SIREN MAINTENANCE-CIVIL DEFENSE 1122.00 DEPT. 30593 DYNA SYSTEMS SCREWS/NUTS & BOLTS/CABLE TIES/STRAPS/ 1127.24 CINCHES//PLASTIC TUBES/MOUNTINGS- UTILITIES DIVISION. 30594 E M PRODUCTS INC FLOOR HATCH COVERS-WATER DEPT. 140.00 30595 EASTMAN KODAK COMPANY COPIER MAINTENANCE AGREEMENT-CITY HALL. 338.53 30596 EDEN PRAIRIE FLORIST EXPENSES-CITY HALL. 42.28 30597 EDEN PRAIRIE FORD FRONT END ALIGNMENT/SOCKET & END 352.57 ASSEMBLIES/VALVE ASSEMBLY/GASKETS/SHOES & LINERS-FLEET SERVICES. 3561144 MAY 9, 1995 8. MAY 9, 1995 VI 30598 EDEN PRAIRIE SCHOOL DIST 272 BUS SERVICE-SPECIAL TRIPS & EVENTS 4372.35 PROGRAM/SCHOOL-POLICE DEPT/GYM RENTALS- ADULT PROGRAMS/ORGANIZED ATHLETICS. 30599 CITY OF EDINA MARCH 95 WATER TESTS-WATER DEPT. 285.00 30600 EKLUNDS TREE & BRUSH DISPOSAL BRUSH DISPOSAL-FORESTRY DEPT. 135.00 30601 II. ELLIOTTS DELI EXPENSES-SENIOR PROGRAMS/FEES PAID. 148.56 30602 ELVIN SAFETY SUPPLY INC OVERSHOES/RAIN PANTS/RAIN OVERALLS-WATER 412.66 DEPT. 30603 EMERGENCY APPARATUS ~NTENANCE I PUMP SERVICE/PUMP TESTING & REPAIRS-FIRE 2832.92 DEPT. 30604 CHRIS ENGER MEETING EXPENSES-COMMUNITY DEVELOPMENT 39.00 DEPT. 30605 ESS BROTHERS & SONS INC FLOW GATE-STORM DRAINAGE PROGRAM. 432.39 30606 THE EXECUTIVE PROGRAM PUBLICATION-FINANCE DEPT. 19.19 30607 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 5.50 30608 MICHAEL J FABINI LICENSE CERTIFICATION/MILEAGE-BLDG 81. 76 INSPECTIONS DEPT. 30609 FACILITY SYSTEMS INC BASE POWER ADAPTER-CITY HALL/DESIGN 227.68 SERVICE-SENIOR CENTER. 30610 FEDERAL EXPRESS CORPORATION POSTAGE-CITY HALL. 24.25 30611 FEED RITE CONTROLS INC FERRIC SULFATE/CHLORINE-WATER TREATMENT 6916.10 PLANT. 30612 FERRELLGAS PROPANE CYLINDERS-CCM«JNITY CENTER. 320.19 30613 FIDELITY PRODUCTS CO GARBAGE BAGS-WATER DEPT. 207.90 30614 FIRE PROTECTION PUBLICATIONS SUBSCRIPTION-FIRE DEPT. 25.00 30615 FLAGHOUSE INC EDUCATION LINKS-FALL SKILL DEVELOPMENT 254.19 PROGRAM. 30616 FLEX COMPENSATION INC FLEXIBLE BENEFIT ONGOING SUPPORT SERVICE-645.00 HUMAN RESOURCES DEPT. 30617 FLEXIBLE PIPE TOOL COMPANY GAUGE-WATER DEPT. 173.97 30618 MILT FLOYD SERVICE-SQUARE DANCE INSTRUCTOR-ADULT 362.50 PROGRAMS. 30619 FLOYD SECURITY LUBRICATED SAFE DIAL-LIQUOR STORE II. 65.00 30620 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT. 53.07 30621 FRANKLIN QUEST CO HOLE PUNCH-FACILITIES DEPT. 26.31 30622 FRIENDLY CHEVROLET GEO INC BELT UNIT-FLEET SERVICES. 165.43 30623 MARK GANG III SERVICE-RESCUE & FIRE CALLS. 138.00 30624 GARTNER REFRIGERATION & MFG INC REPLACED SNOW MELT PIT PUMP-COMMUNITY 1500.36 CENTER. 30625 GE CAPITAL COPIER LEASING AGREEMENT-SENIOR CENTER. 134.75 30626 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-UTILITIES DIVISION. 297.49 30627 GENZ RYAN REFUND-OVERPAYMENT MECHANICAL PERMIT. 30.00 30628 GETTMAN COMPANY SUPPLIES-LIQUOR STORE. 56.60 30629 THE GLIDDEN COMPANY SPREADER SCREEN/PAINT BRUSHES/PAINT-PARK 243.38 MAINTENANCE/WATER DEPT. 30630 GLOBAL COMPUTER SUPPLIES ANTI-STATIC MAT-FINANCE DEPT. 141.50 30631 GOODYEAR COMMERCIAL TIRE & SVC TIRES-FLEET SERVICES. 1785.16 30632 W W GRAINGER INC AIR FILTERS/V-BELTS/FAN BLOWER MOTORS/ 681.49 THERMOSTAT GUARD/FLUORESCENT LAMPHOLDERS/ PROCAM FILM/GATE VALVE FOR LIQUIDS/ POLAROID PROCAM CAMERA/GLOVES/KEYBLANKS- FLEET SERVICES/COMMUNITY CENTER/UTILITIES DIVISION. 2323965 MAY 9, 1995 9. MAY 9, 1995 VI 30633 GTE DIRECTORIES ADVERTISING-LIQUOR STORES. 48.10 30634 HACH COMPANY LAB SUPPLIES~ATER TREATMENT PLANT. 259.90 30635 CHRIS HANSON SERVICE-FLYFISHING INSTRUCTOR-OUTDOOR 50.00 CENTER PROGRAMS. 30636 HANSEN THORP PELLINEN OLSON INC SERVICE-MILLER PARK IMPROVEMENTS. 1512.00 30637 HARMON GLASS COMPANY LAMINATED INSULATED UNIT/TEMPERED FLOATS-249.76 PARK MAINTENANCE. 30638 PETER J HARMS SERVICE-VOLLEYBALL & BASKETBALL OFFICIAL/ 78.25 FEES PAID. 30639 HEALTHEAST MED HOME WHEELCHAIRS-ADA PROGRAM. 600.00 30640 HEAVENLY HAM EXPENSES-FIRE DEPT. 27.50 30641 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION. 61.60 30642 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABELS-COMMUNITY 941.25 DEVELOAMENT DEPT. 30643 HENNEPIN TECHNICAL COLLEGE SCHOOL-FIRE DEPT. 115.50 30644 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENT-UTILITIES 109.59 DIVISION. 30645 HONEYWELL INC APRIL 95 INDUSTRIAL MAINTENANCE AGREEMENT-1998.00 WATER DEPT. 30646 ICE SKATING INSTITUTE OF AMERICA CERTIFICATES-COMMUNITY CENTER. 92.25 30647 ICMA DUES-ADMINISTRATION DEPT. 1046.25 30648 INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS-WATER DEPT. 381.97 30649 INSTY-PRINTS PRINTING-RESPONSE CARDS-CITY HALL. 117.58 30650 INTERSTATE BEARING THREADED SEALS/SILlCONE~ATER DEPT. 213.87 30651 LYNNETTE ISAACS SERVICE-BASKETBALL OFFICIAL/FEES PAID. 181. 50 30652 J & R RADIATOR CORP RADIATOR REPAIR-FLEET SERVICES. 191.87 30653 BRENDA JERDE SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 187.00 30654 CHRISTOPHER JESSEN SERVICE-HOCKEY OFFICIAL/FEES PAID. 100.00 30655 JEFFREY JOHNSON SCHOOL-ENGINEERING DEPT. 426.64 30656 KANDIYOHI BOTTLED WATER CO COOLER RENTAL-LIQUOR STORE III. 13.58 30657 J J KELLER & ASSOC INC OSHA SAFETY HANDBOOKS/NSWSLETTERS/ 313.24 TRAINING PROGRAM-UTILITIES DIVISION. 30658 KOCH SULFUR PRODUCTS CHEMICALS-WATER TREATMENT PLANT. 541.36 30659 KREATIVE ACRYLICS BROCHURE BOXES-HISTORICAL & CULTURAL 127.80 COf.II.fISSION. 30660 STEVE KU'DEBEH SERVICE-HOCKEY OFFICIAL/FEES PAID. 437.50 30661 KUSTOM SIGNALS INC RADIO REPAIRS/VOLT REGULATORS/CABLES/ 590.05 DIODES/FUSES/CIGARETTE LIGHT PLUG FUSE- POLICE DEPT. 30662 JILL KUYAVA SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 136.00 30663 LAB SAFETY SUPPLY THE~ GLOVE LINER/PAPER PERMIT FORMS-52.68 WATER DEPT. 30664 LAKE COUNTRY 'DOOR POWER SHIFT ASSEMBLY/BUSHINGS-FACILITIES 185.60 DEPT. 30665 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 2491.60 30666 CYNTHIA J LANENBERG MILEAGE-FIRE DEPT. 60.90 30667 LANG PAULY & GREGERSON LTD MARCH 95 SERVICE-$18-LITIGATION VS 12663.65 SOUTHWEST CROSSING JOINT VENTURE/MARCH 95 SERVICE-$55-CENTRUMINC-TEMAN LAND/MARCH 95 PROSECUTION SERVICE-$12589-POLICE DEPT. 2660434 MAY 9, 1995 10. MAY 9, 1995 VI 30668 LANO EQUIPMENT INC SPRINGGAS/BALL STUDS/QUAD RINGS/SWITCH/ 1246.82 HYDRAULIC OIL/O-RINGS/SEAL KIT/DIAPHRAGM/ OIL LEAKS REPAIRED-FLEET SERVICES/SBWER DEPT. 30669 LONNA LANZI SERVICE-OUTDOOR CENTER SUPERVISOR/FEES 250.00 PAID. 30670 L LEHMAN & ASSOCIATES INC MARCH & APRIL 95 SERVICE-FLYING CLOUD 4948.82 LANDFILL. 30671 LEHMANN FARMS SUPPLIES-LIQUOR STORE I. 149.15 30672 BILL LEMPESIS MILEAGE-LIQUOR STORE II. 149.80 30673 DAVID LINDAHL PARKING/GAS EXPENSES-COMMUNITY 12.51 DEVELOPMENT DEPT. 30674 LOGIS FEBRUARY 95 SERVICE. 13884.37 30675 LOES OIL COMPANY WASTE DISPOSAL-FLEET SERVICES. 60.00 30676 TRACY LUKE SCHOOL EXPENSES-POLICE DEPT. 22.96 30677 JOHN LUNN MILEAGE-LIQUOR STORE II. 54.60 30678 MARTIN-MCALLISTER PERSONNEL EVALUATION SERVICE-HUMAN 612.00 RESOURCES DEPT. 30679 LISA MASCARENAS SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 102.00 30680 MASYS CORPORATION MAY 95 ENFORS HARflAJARE & SOFTWARE 1429.70 MAINTENANCE AGREEMENT-POLICE DEPT. 30681 MAXI -PRINT INC PRINTING FORMS-POLICE DEPT. 659.81 30682 MCNEILUS STEEL INC STEEL PLATE/ANGLES/TUBING-FLEET SERVICES. 518.80 30683 MEDICINE LAKE TOURS ST PAUL CHURCHES TOUR-ADULT PROGRAMS/FEES 269.50 PAID. 30684 MENARDS LIGHT BULBS/STRAPS/FASTENERS/MASONRY 1064.18 SCREWS/NUTS & BOLTS/WOOD GLUE/WEATHER STRIPPING/CARRIAGEBOLTS/WASHERS/SQUARE/ BLUE TARPS/RUST REMOVER/RAILROAD PICK HANDLE/COUPLERS/CHALK/SCREEN DOOR PULLS/ SPIKE NAILS/SANDPAPER/MAILBOX/SIDING/COVE MOLDING/STUDS/PLYWOOD/FIBERBOARD/TREATED TIMBERS/ROUGH SAWN CEDAR-FACILITIES DEPT/ STREET MAINTENANCE/PARK MAINTENANCE. 30685 METRO SALES INC ANTI-STATIC CLEANER/TONER/COPIER 3062.70 MAINTENANCE AGREEMENTS-CITY HALL/POLICE DEPT. 30686 METROPOLITAN COUNCIL WASTEWATER S MAY 95 SBWER SERVICE. 163987.00 30687 METROPOLITAN MECHANICAL LEAK REPAIR/REPLACED BOLTS-COMMUNITY 89.25 CENTER. 30688 SCOTT MEULEBROECK SERVICE-CHAPERONE-SPECIAL TRIPS & EVENTS 77 .00 PROGRAM. 30689 SHERI MEULEBROECK SUPPLIES-AFTERSCHOOL CONNECTION PROGRAM. 15.94 30690 MICRORIM R BASE SUPPORT & PRODUCT UPGRADE-FLEET 504.00 SERVICES. 30691 MID-AMERICA POWER DRIVES DUST PLUGS & CAPS/SWITCH ROCKERS-FLEET 91.81 SERVICES. 30692 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 3177.28 COMMUNITY CENTER/MARKER BOARD/PRINTER STANDS/LECTERN-CITY CENTER. 19644000 MAY 9, 1995 11 • MAY 9, 1995 VI 30693 MIDWEST COCA-COLA BTLG CO CONCESSION STAND SUPPLIES-COMMUNITY 344.35 CENTER. 30694 MINNCOMM PAGING APRIL 95 PAGER SERVICE-UTILITIES DIVISION. 44.46 30695 MINNESOTA BUSINESS FORMS PRINTING-FORMS/BUSINESS CARDS/ENVELOPES. 1257.61 30696 MINNESOTA COUNTIES INSURANCE TRUS DUES-SAFETY PROGRAM. 250.00 30697 MINNESOTA POLLUTION CONTROL AGENC ANNUAL WATER TREATMENT PLANT FEES. 780.00 30698 MINNESOTA TROPHIES & GIFTS PLAQUES-FIRE DEPT. 359.76 30699 MINNESOTA VALVE FITTING REFUND-DAMAGE DEPOSIT. 50.00 30700 MN VETERINARY DIAGNOSTIC LAB RABIES EXAM-ANIMAL CONTROL DEPT. 15.00 30701 MINNESOTA WANNER CO QUAD VALVE CHAMBER KIT/STRAINER-PARK 26.01 MAINTENANCE. 30702 MITCHELL INTERNATIONAL ON-DEMAND UPGRADE-FLEET SERVICES. 1485.68 30703 MINUTEMAN PRESS PRINTING-TICKETS FOR ICE SHOW-COMMUNITY 216.62 CENTER. 30704 MOORE MEDICAL CORP FIRST AID RESCUE SUPPLIES-FIRE DEPT. 301.19 30705 MTI DISTRIBUTING CO PUMP FUEL FILTERS/CASTOR WHEELS/ELEMENTS/ 1445.09 BREATHER CAPS/WASHERS/LYNCH PINS/ROLLER BRACKETS/ROLLERS/FLANGE BUSHINGS/SPANNERS/ CAPSCREWS/PAINT-PARK MAINTENANCE. 30706 MAGGIE MUNRO SCHOOL EXPENSES-POLICE DEPT. 8.70 30707 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-HUMAN RESOURCES DEPT. 6176.55 30708 NEDEGAARD CONSTRUCTION REFUND-OVERPAYMENT BUILDING P~IT. 2955.00 30709 NEDEGAARD CUSTOM HOMES REFUND-DEVELOPMENT AGREEMENT APPLICATION 320.00 FEE. 30710 NELSON RADIO COMMUNICATIONS SIREN REPAIR-CIVIL DEFENSE DEPT. 416.00 30711 BETH NILSSON SERVICE-SKATING DIRECTOR/FEES PAID. 4092.40 30712 NO~EST INVESTMENT SVCS INC MAINTENANCE FEES-FINANCE DEPT. 40.75 30713 OFFICEMAX MICROCASSETTE RECORDER/MODULAR DRAWER/ 244.83 LAMP/TAPES-FLEET SERVICES. 30714 OHLIN SALES INC BATTERIES-FACILITIES DEPT. 47.54 30715 OLSEN CHAIN & CABLE CO INC CHAIN HOOKS WITH LATCHES/LINCH PINS/ 450.47 HAMMERLOCKS/D-RINGS/HANDLE. 30716 OPM INFORMATION SYSTEMS TYPEWRITER REPAIR-FINANCE DEPT. 90.33 30717 ORGANIZATION DESIGN & TRAINING SUPPLIES-WATER DEPT. 295.30 30718 PAPERDIRECT INC CERTIFICATES/ENVELOPES-RECREATION 49.80 ADMINISTRATION DEPT. 30719 PARAGON CABLE MPLS SERVICE-CITY HALL. 16.72 30720 PARK AUTO UPHOLSTERY REPAIRED CUSHION-STREET MAINTENANCE. 15.00 30721 PARK NICOLLET MEDICAL CENTER PHYSICAL EXAMS/STRESS TESTS-HUMAN 696.00 RESOURCES DEPT. 30722 PARROTT CONTRACTING INC INSTALLATION & CLEAN-UP OF FENCE FROM 1182.00 WATERMAIN REPAIR-WATER DEPT/REPAIR OF SEPARATED STORM PIPE-WATER DEPT. 30723 THE PEDRO COMPANIES ACCIDENT SUPPLIES-POLICE DEPT. 56.18 30724 TIM PELTIER BOOT REPAIR-FACILITIES DEPT. 18.00 30725 DEREK J PETERSON CONFERENCE EXPENSES/MILEAGE-FIRE DEPT. 103.68 30726 PINNACLE DISTRIBUTING SUPPLIES-LIQUOR STORES. 251.75 30727 PIPE WRIGHT PLUMBING REFUND-UNUSED PORTION OF HYDRANT METER 275.94 DEPOSIT. 30728 PLANT & FLANGED EQUIPMENT CO PIN/WRENCHING SQUARE-WATER DEPT. 84.72 2446343 MAY 9, 1995 12. MAY 9, 1995 VI 30729 POKORNY COMPANY HANDLE KITS-FACILITIES DEPT. 14.91 30730 PRAIRIE ELECTRIC COMPANY INC REPLACED BALLAST IN RACQUETBALL COURT/ 1000.20 FURNISH & INSTALLED WIREMOLD TO WORK STATIONS/RECEPTACLES/BASE POWER-INS- POLICE DEPT/COMMUNITY CENTER. 30731 PRAIRIE LNAlN & GARDEN SPINDLE/BLADES/BELT-EQUIPMENT MAINTENANCE. 58.64 30732 PRECISION BUSINESS SYSTEMS INC TRANSCRIBER STATION-POLICE DEPT. 633.68 30733 PRINTERS SERVICE INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER. 130.50 30734 PRO COATS INC SERVICE-PAINTING OF CEILINGS-HOUSING 288.00 REHABILITATION ~. 30735 PRO SOURCE FITNESS READING RACKS-$79-POLICE FORFEITURE-DRUGS/ 123.22 PULLEY WHEEL-COMMUNITY CENTER. 30736 JERRY PROOOEHL ROADSIDE MOWER MIRROR-FLEET SERVICES. 21.29 30737 PROFESSIONAL EQUIPMENT BATTERIES/SENSOR TIP-SAFETY DEPT. 70.90 30738 QUALITY WASTE CONTROL INC APRIL 95 WASTE DISPOSAL-FACILITIES DEPT/ 1190.45 WATER TREATMENT PLANT/COMMUNITY CENTER/ LIQUOR STORE II. 30739 RADIO SHACK ANTI-STATIC SPRAY/DUST SPRAY/CLOTH WIPE 23.39 PACK/CABLE-POLICE DEPT. 30740 RAINBOOJ FOODS EXPENSES-SOCIAL PROGRAMS/SENIOR PROGRAMS. 132.52 30741 RAPIT PRINTING PRINTING CITY MAPS-COf.M.INITY SERVICES 2643.09 DEPT. 30742 REAL GEM JEWELRY & AWARDS WALNUT PLAQUES-CITY HALL. 676.28 30743 RIGID HITCH INC HUB ASSEMBLES/SEAL GREASE/PINTLE HooKS/ 600.82 LEVELS/TIE-DOWN RINGS/RECHARGEABLE BATTERIES/TOOJ RING EYES/BRAKES/BEARINGS/ TAIL LIGHTS/SPRING BOLTS-FLEET SERVICES. 30744 RESCUE ONE INC SCHOOL-FIRE DEPT. 350.00 30745 THE RETAIL MARKETING GROUP ADVERTISING-LIQUOR STORES. 50.00 30746 REVERE JOINT SEALER CAULKING-WATER DEPT. 225.17 30747 RICHARDS ASPHALT COMPANY SEAL COATING-STREET MAINTENANCE. 192.71 30748 JIM RICHARDSON PICTURE REPAIR-CITY HALL. 35.00 30749 CITY OF RICHFIELD SERVICE-ADULT PROGRAMS/FEES PAID. 139.30 30750 RITZ CAMERA FILM-COf.M.INITY DEVELOPMENT DEPT. 48.52 30751 ROADRUNNER TRANSPORTATION INC EQUIPMENT REPAIR-FLEET SERVICES. 35.75 30752 THE S T ROBS CO CONTACT CLEANING SOLVENT-WATER DEPT. 281.58 30753 ROLLINS OIL CO UNLEADED FUEL-FLEET SERVICES. 6824.56 30754 ROUNDUP CLASSIFIEDS OMPLOYMENT ADS-HUMAN RESOURCES DEPT. 75.24 30755 PAUL RYAN SERVICE-HOCKEY OFFICIAL/FEES PAID. 775.00 30756 S & T OFFICE PRODUCTS INC FILE CABINETS-POLICE DEPT. 1737.82 30757 CITY OF ST PAUL CITYS PORTION OF ATTORNEY FEES FOR 836.56 MUNICIPAL PUMPERS GROUP. 30758 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT. 1262.55 30759 PHI L SCHARJ.fANN SERVICE-CARPET CLEANING-LIQUOR STORES. 540.00 30760 JACK SCHEPERS OFFICE SUPPLIES/MILEAGE-LIQUOR STORE III. 150.46 30761 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER DEPT. 66.47 30762 SEARS WRENCH BOXES/VICE GRIP PLIERS/SCREWDRIVER 59.61 BITS-SENIOR CENTER WOODSHOP. 30763 SEATING & ATHLETIC FACILITY RENOVATION OF TELESCOPIC BLEACHERS TO 14980.00 MEET ADA REGULATIONS-ADA PROGRAM. 3627419 MAY 9, 1995 13. MAY 9, 1995 VI 30764 SHAKOPEE VALLEY PRINTING PRINTING-SUMMER 95 COMMUNITY PROGRAM 6409.44 BROCHURES. 30765 SHIFTWORKER NEWS SUBSCRIPTIONS~ATER DEPT. 135.00 30766 SIGN SOLUTIONS INC SIGNS-COMMUNITY CENTER. 206.22 30767 SIGNATURE CONCEPTS INC SWEATSHIRTS-POLICE DEPT. 122.13 30768 SIMPLICITY SYSTEMS INC SURVEYING SOFnWARE-ENGINEERING DEPT. 59.00 30769 SIR SPEEDY PRINTING CENTER PRINTING-STARING LK SPRING & SUMMER 276.90 PROGRAMS-OUTDOOR CENTER. 30770 ERIC SIT TAE KWON DO INSTRUCTOR/FEES PAID. 543.20 30771 PETER N SMITH SERVICE~VOLLEYBALL OFFICIAL/FEES PAID. 150.50 30772 SNAP-ON TOOLS CORPORATION SCREWDRIVER/SPANNER WRENCH~ATER DEPT. 108.68 30773 SNELL MECHANICAL INC MAKE-UP AIR UNIT REPAIR/REPLACED TIME 939.24 CLOCK & SWITCH/APRIL 95 HVAC MAINTENANCE AGREEMENT-COMMUNITY CENTER. 30774 SOFTWARE ETC MANUAL-ADMINISTRATION DEPT. 15.26 30775 SOUTHAM BUSINESS COMMUNICATIONS LEGAL PUBLICATIONS-STORM DRAINAGE 240.00 IMPROVEMENTS. 30776 SOUTHWEST CONTRACTORS SUPPLY NEEDLE NOSE PLIERS/BITS/TOOL POUCH/BACK 153.42 SUPPORT BELT/BAND SAW BLADES~ATER DEPT. 30777 SOUTHWEST SUBURBAN CABLE ADDITIONAL CITYS PORTION OF OPERATING 3567.11 BUDGET. 30778 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIQUOR STORES. 588.80 30779 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-CITY HALL. 929.85 30780 STAR TRIBUNE EARLY SUNDAY PAPERS FOR RESALE-LIQUOR 21.90 STORE III. 30781 STAR TRIBUNE SUBSCRIPTIONS-CITY HALL. 171. 60 30782 THE STATE CHEMICAL MFG CO PAINT ~ATER DEPT. 171.87 30783 STREICHERS PROFESSIONAL POLICE EQ SIREN/SWITCH SYSTEM/FILTERS-FLEET 3019.74 SERVICES. 30784 STRGAR ROSCOE FAUSCH INC SERVICE-PRESERVE BLVD & ANDERSON LKS P~Y. 923.15 30785 SWEDLUND SEPTIC SERVICE IGNITION KEYS/BELT KIT-FLEET SERVICES. 154.89 30786 SUCCESSORIES TRAINING SUPPLIES~ATER DEPT. 118.60 30787 SUTER ELECTRONICS REPLACED INTEGRATED CIRCUIT-FIRE DEPT. 86.76 30788 SUBURBAN RATE AUTHORITY FIRST HALF 1995 ASSESSMENTS. 1600.00 30789 SWEDLUND SEPTIC SERVICE WASTE DISPOSAL SERVICE-OUTDOOR CENTER/04-190.00 15-95. 30790 SYSTECH SERVICES DATA PROCESSING SERVICE-POLICE DEPT. 406.37 30791 TACO BELL DEVELOPMENT RELEASE OF FINANCIAL SECURITY COVERING 21200.00 PUBLIC UTILITY RELOCATION AT JOINER WAY. 30792 STAN TEKIELA SERVICE-OUTDOOR CENTER PROGRAM INSTRUCTOR/ 75.00 FEES PAID. 30793 MARC THIELMAN CELLULAR PHONE REIMBURSEMENT-FACILITIES 25.37 DEPT. 30794 JEANE THORNE INC SERVICE-SENIOR CENTER. 69.20 30795 MICHELLE J THUERINGER SERVICE-SPECIAL TRIPS & EVENTS PROGRAM/ 257.95 FEES PAID. 30796 TIGERDIRECT COMPUTER SOFnWARE UPGRADE-POLICE DEPT. 218.09 30797 TOLL GAS & WELDING SUPPLY HELIUM-SOCIAL PROGRAMS/CONTACT TIP/PARK 152.05 MAINTENANCE. 30798 JIM TORNOE REIMBURSEMENT FOR GOLF PROGRAM SUPPLIES. 94.15 4340144 MAY 9, 1995 14. MAY 9, 1995 VI 30799 TOTAL REGISTER SYS PLASTIC LABELS-LIQUOR STORE III. 12.65 30800 TOTAL SERVICE COMPANY REPLACED INSULATED GLASS PANE IN WINDOW 462.50 UNIT-HOUSING REHABILITATION PROGRAM. 30801 TCXlJN & COUNTRY OODGE REPLACED PICK-UP PLATE/CORRECTED TIMING-243.43 FLEET SERVICES. 30802 TRAUT WELLS INSTALLED RATCHET PLATE-WATER DEPT. 795.51 30803 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE-FLEET SERVICES. 99.84 30804 TWIN CITY RESTORATION INSTALLED BRICK ALONG SIDES OF CELLAR 350.00 DOOR ENTRY WAY-HISTORICAL INTERPRETATION PROGRAM. 30805 TWIN CITY VACUUM BELTS/SWITCH-FACILITIES DEPT. 19.92 30806 U S WEST COMM SERVICES INC TELEPHONE REPAIR-POLICE DEPT. 69.38 30807 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT. 209.91 30808 UNLIMITED SUPPLIES INC CLEANING SUPPLIES-WATER DEPT. 205.78 30809 UNLIMITED SUPPLIES INC NUTS & BOLTS/WASHERS/DRILL BITS/SCRSWS-349.14 FLEET SERVICES. 30810 OONURAM EXPENSES/MILEAGE-COMMUNITY DEVELOPMENT 15.89 DEPT. 30811 MICHELLE VEITH SERVICE-CRAFT CLASS INSTRUCTOR-SENIOR 52.00 PROGRAMS/FEES PAID. 30812 VESSCO INC KEYS/SCRSWS/WASHERS/NUTS & BOLTS/BELTS/ 4243.48 SWITCHES/COTTER PINS/PREVENTIVE MAINTENANCE KITS/DIAPHRAGMS/GROOVE PINS- WATER DEPT. 30813 VOHNOUTKA ROOFING & ROOF INSPECTION-COMMUNITY CENTER. 204.00 30814 VOSS LIGHTING LIGHT BULBS-FACILITIES DEPT. 53.68 30815 ~ SCIENTIFIC INC LAB SUPPLIES-WATER TREATMENT PLANT. 77 .25 30816 LORRY WALLACE EXPENSES-SENIOR PROGRAMS. 45.98 30817 WAL -MART STORE 1855 CANDY-SOCIAL PROGRAMS/POLAROID FILM-773.97 POLICE DEPT. 30818 WATER SPECIALTY OF MN-INC LIQUID CHLORINE/CALCIUM HYPOCHLORITE/ 641.75 CHLORINE NEUTRALIZER/TEST TABLETS- COMMUNITY CENTER. 30819 WATERPRO FLANGE KITS/METER ADAPTERS/OIL HOLE 19012.26 SCRSWS/RUBBER CAPS/CONDUIT WIRE/CHANGEOUT METERS/TOUCHPAD UPGRADES/5/8X3/4 1000 GAL METERS/RUBBER METER GASKETS/BOTTOM LINERS/ MXU TRANCEIVERS & BRACKETS/COMPRESSION CHAMBERS/SPLICE CONNECTOR-WATER DEPT. 30820 SANDRA F WERTS MILEAGE-SENIOR CENTER. 31.95 30821 WEST WELD WHEELS/GLOVES-FLEET SERVICES. 360.00 30822 JOEL WESTACOTT PRODUCTION SVCS VIDEO SERVICE-COMMUNITY SERVICES DEPT. 135.00 30823 WESTBURNE SUPPLY INC-MPLS HANDLE REPAIR KIT-COMMUNITY CENTER. 17.21 30824 LOIS N WILDER SERVICE-MEMOIR WRITING INSTRUCTOR/FEES 135.00 PAID. 30825 MICHAEL J WILKUS ARCHITECTS INC SERVICE-LIQUOR/RETAIL DEVELOPMENT. 1000.00 30826 T WILLIAMS CUSTOM FRAMING SERVICE-CITY CENTER. 129.28 30827 WINE SPECTATOR SUBSCRIPTION-LIQUOR STORE III. 40.00 30828 YALE INC ADDED CLOSED LOOP WATER TREATMENT TO HOT 290.11 WATER BOILER/FLUSHED PUMP/CHECKED PRESSURES/HIGH PRESSURE WASHED COILS & FAN BLADES-WATER DEPT. 3007687 MAY 9, 1995 15. MAY 9, 1995 30829 ZACKS INC 30830 JIM ZAIC 30831 ZEE MEDICAL SERVICE 30832 ZEP MANUFACTURING COMPANY 30833 ZIEGLER INC 11000 NO~EST BANK 22000 MN DEPT OF REVENUE 22000 MN DEPT OF REVENUE 44000 MN DEPT OF REVENUE 66000 MN DEPT OF REVENUE 30071 VOID OUT CHECK 30381 VOID OUT CHECK 30383 VOID OUT CHECK 8744538 MAY 9, 1995 VI BOW RAKES/STREET BRooMS/SQUEEGE HANDLED BROOMS/ASPHALT LUTERAKE-PARK MAINTENANCE/ STREET MAINTENANCE. MEETING EXPENSES-BLDG INSPECTIONS DEPT. FIRST AID SUPPLIES-STREET MAINTENANCE/ POOL LESSONS/COMMUNITY CENTER/WATER DEPT. CHOKE & CARBURETOR CLEANER-FLEET SERVICES. GENERATOR REPAIR-CIVIL DEFENSE DEPT. BOND PAYMENTS. PAYROLL 03-31-95. PAYROLL 04-14-95. MARCH 95 SALES TAX. SPECIAL FUEL TAX. 16. 234.43 15.33 287.10 253.12 615.49 16321.25 17607.07 16680.99 35230.00 515.60 243.00- 66.00- 6.00- $1516651.88 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5/9/95 SECTION: Report of Director of Parks, Recreation and Facilities ITEM NO. XfC J DEPARTMENT: Parks, ITEM DESCRIPTION: Hockey Association Request to Replace Recreation and Facilit~ Hockey Board System in Rink #1 at the Eden Prairie Community Center Robert A. Lambert t BACKGROUND: Attached to this memorandum is a letter from the Hockey Association requesting the City Council to consider replacing the dasher board system in rink one at the Eden Prairie Community Center. The dasher board system referred to is the original system installed in 1980 when the building was constructed. Over the years the boards have been repaired and replaced as part of the annual maintenance; however, at this time many of the boards have to be replaced, the steel frame is bent in many places, and the lexan glass is scratched to the point that we receive numerous complaints regarding visibility of the rink. COST: The Community Center staff and the Hockey Association have recommended that the City consider replacing the existing system with a heavier metal framing system, fiber glass boards and tempered glass. The estimated cost for a new dasher system is approximately $80,000 to $90,000 and the staff believes the existing boards and glass could be sold for approximately $25,000.lhe Hockey Association has suggested that they help payoff the cost of the new dasher system by agreeing to an increase in ice time fees of $2.50 per hour over the period of time it takes to payoff the debt. The City sells a total of approximately 4100 hours of ice time on the two rinks each year. Staff would recommend increasing the rate for all users by $2.50 per hour for the five-year time period expected to payoff the debt. The School District has also agreed to forego the profit generated from home hockey games for the term of the debt. The school has generated approximately $3,000 per year profit from home hockey games over the last two years. Staff believe the approximate $55,000 to $65,000 net cost to complete this project could be funded by borrowing the funds from the park fund, and paying it back at 6 % interest over five years. Revenue would be generated from a proposed $2.50 per hour increase in ice time rental on both rinks, which would generate approximately $10,250 per year. An additional $3,000 per year would be generated from the School District's contribution of the profits from the home hockey games. The City would have to contribute the City's share of the profits from the home high school hockey games which is also $3,000 per year. The total payments would be approximately $13,055 per year to pay off $55,000 at 6 % over five years, we would be generating approximately $13,500 per year in additional revenue, plus the $3,000 per year which could be diverted to this project. CONSIDERATION: The staff could put several thousand dollars of repair into the boards again this year, and continue to "get by"; however, the hockey rink is the "main rink" at the Community Center where all of the large spectator games are played. It is generally considered the worst rink in the Lake Conference due to the warped condition of the steel frame and the condition of the glass and boards. Although, some framing can be straightened, due to the weight of the steel used in the structural framing of hockey rinks in the 1 early 1980's and the straightening that has taken place over the years, which has weakened that system, it is only a temporary condition. If the City Council wishes to maintain the high quality of standards we have set for our recreation facilities, it is time to replace the existing dasher board system. Staff could advertise for bids immediately and determine if any distributor could install a new dasher board system prior to Labor Day weekend. If we cannot get the system installed by that time, staff would recommend rejecting bids and re-bidding later this year for a spring 1996 installation. RECOMMENDATION: City staff recommend approval of the request by the Hockey Association to replace the dasher board system. Staff recommends borrowing funds from the park fund and paying off the fund with revenues generated from selling ice time at a $2.50 per hour higher rate over the next five-year period, and by using fees generated from profits normally assigned to the high school and the City from their home hockey games over that same period of time. Furthermore, staff recommend the Council authorize selling the existing dasher boards system as a part of the financing of this improvement. Dasher/Bob 2 111 1\. LU 0.J ! hi 1'-I..JV I 1111 ltV. V I ,-",v", I V"' .... J • VL..' UL HOCKEY IMAGE April 28, 1995 Mr. David Anderson DeaX' Dave: Hockey Association of Eden Prairie c/o Eden Prairie Community Center 16700 Valley View Road Eden Prairie; Minnesota 55346 Tha.nk .you for soliciting the Hockey A$soclaLlvn vI: Ed"m Prairie's (RAEP) opinion on the overall condition Of the main rink's boards and plexiglass. AS you are aware, HAEP is also concerned about the safety of the boards themselves. With the ice-side boards being uneven in several locations, the possibility of serious injury exists at all levels of hockey. A$ younger players with little control skate by their sticks can catch in the boards resulting in an injury. Older players are also exposed to thi$ Same risk due to the increased speed of their game. In addition the gates on the players benches as well as the penalty boxe. do not open easily, whioh alao inereaeee the ri&k of injury. Ed~n Prai.ie is proud of its facilities and wIlen visit.ill9 Le~m$ frvm around the world play here 1t is important that the community continue to present a first class facilicy. Hockey pucks need to careen off the boards as expected, not unnaturally as caused by an uneven edge. Spectators need to have unobstructed views through clear plexiglass. While HAEP strongly supports these improvements, it recognizes that they are not free. It iA important that ice .fees remain as reasonable as possible to ensure that all interested eiti2ens of Eden Prairie have the oontin~ed opportunity to utilize ~ha faoilities. HAEP feel~ that the propoccd inorease of $2.S0 per hour of ice represents a fair propo$al to balance these ewo needs. Once again, thank you tor providing us with tne oppOrtunity to provide input. Sincerely Yours, Pete :R.ose I?esident EDEN PRAIRIE SCHOOLS April 6, 1995 Bob Lambert City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Community Center Hockey Rink Boards Dear Bob; District 272 Telephone: (612) 975-7000 FAX: (612) 975-7020 TOO 975-7004 It is our understanding that the hockey rink boards require replacement, and that the city is seeking ways to finance the replacement cost. We understand that the net cost for replacing the boards will approximate $50,000 to $60,000. The school district and City of Eden Prairie have an operating agreement wherein the City and school district share the "profits" of high school hockey game gate receipts. This "profit" has been $2,000 to $3,000 per year. The school board took official action on 4/17/95 to modify that agreement to permit the City to retain all profits until the new boards have been paid. It is anticipated that this action would take no longer than five years. Once the replacement boards have been paid for, the district would then anticipate reverting back to the original agreement of splitting the profits between the two governmental units. It is the school district's understanding that the City, Hockey Association and others will be helping to fund the replacement costs. The Community Center is a highly used and needed facility within the community, and the school district appreciates the opportunity to share in its continuing success. Sincerely, Merle Gamm Executive Director of Business Services MG/ll pc: steve Schultz Jerry McCoy Eden Prairie Schools· 8100 School Road. Eden Prairie, MN 55344-2292 4-