HomeMy WebLinkAboutCity Council - 05/23/1995----------------------------------------------------.
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUFSDAY, MAY 23, 1995
COUNCILMEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLLCALL
7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor lean ~, Patricia Pidcock, Ronald
Case, Ross Thorf"mnson, lr. and Nancy Tyra-
Lukens
City Manager Carll.lullie, 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
AWARD SALE OF $1,685,000 GENERAL OBLIGATION BUILDING REFUNDING
BONDS, SERIES 1995A (Resolution)
AWARD SALE OF $3,275,000 GENERAL OBLIGATION IMPROVEMENT
REFUNDING BONDS, SERIES 1995B (Resolution)
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
n. OPEN PODIUM
m. MINUTES
A. CITY COUNCIL MEETING HELD TUFSDAY. MAY 9. 1995
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. 2ND 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
C. AUTHORIZE ARCm1'ECT SELECTION PROCFSS FOR PUBLIC
WORKSIPARKS DEPARTMENT MAINTENANCE FACILITY
D. REQUEST TO TRANSFER FUNDS FOR PURCHASE OF TURF
AERATION EQUIPMENT
City Council Agenda
Tuesday, May 23, 1995
Page Two
E. APPROVE THE AMENDMENT FOR C. H. ROBINSON LEASE
F. APPROVE CONTRACT FOR SISINNI FOOD SERVICES
G. APPROVE AGREEMENT FOR DEMOLITION OF
HAZARDOUS BUILDING AT 8560 FRANW ROAD
H. AWARD CONTRACT FOR EDEN PRAIRIE MARKETCENTER URBAN
DESIGN IMPROVEMENTS
I. RESOLUTION APPROVING FINAL PLAT OF VILLAGE KNOI.LS 3RD
ADDITION Oocated east of Homeward Hills Road on the extension of
GristmiU Rid&el
J. RESOLUTION APPROVING FINAL PLAT OF EDENYALE 23RD
ADDITION Oocated south of Valley View Road and west of Eqpitable
Drivel
K. RESOLUTION APPROVING SYSTEM AGREEMENT FOR MnDQT'S
TEMPORARY SIGNAL SYSTEM AT PRAIRIE CENTER DRIVE AND
TECHNOWGY DRIVE. I.C. 93-5306
V. PUBLIC HEARINGSIMEETINGS
A. BOSTON MARKET by Northstar Restaurants. Request for PUD Concept
Review on 14 acres, Request for PUD District Review on 0.8 acres, Zoning
District Amendment within the C-Reg-Ser Zoning District on 0.8 acres,
Site Plan Review on 0.8 acres and Preliminary Plat of 7.1 acres in two
lots. Location: Tower Square Shopping Center south of McDonald's.
(Resolution for PUD Concept Review, Ordinance for PUD District Review
and Zoning District Amendment and Resolution for Preliminary Plat)
VI. PAYMENT OF CLAIMS
VB. ORDINANCES AND RESOLUTIONS
VIll. PETITIONS, REQUESTS AND COMMUNICATIONS
A. REQUEST FROM RESIDENTS OF SUNSHINE DRIVE AND
MOONLIGHT DRIVE
IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITIEES
X. APPOINTMENTS
City Council Agenda
Tuesday, May 23, 1995
Page Three
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL
RESOURCES
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVEWPMENT
E. REPORT OF DIRECTOR OF PUBUC WORKS
1. Midwest Aspbalt, preliminary review of development & land
alteration plans (Continued from April 18, 1995)
2. Resolution Awardin& Contract for Kimberly Lane Sanitary Sewer
Reconstrnction. I.C. 95-5373
F. REPORT OF CITY ATTORNEY
XU. OTHER BUSINESS
XIII. ADJOURNMENT
DEPARTMENT:
Finance --J. Frane
Requested Action:
CITY COUNCIL AGENDA
SECTION: (Beginning of Council Meeting)
ITEM DESCRIPTION:
1) Award sale of $1,685,000 General
Obligation Building Refunding Bonds, Series
1995A
2) Award sale of $3,275,000 General
Obligation Improvement Refunding Bonds, Series
1995B
DATE:
May 23, 1995
ITEM NO.
It is requested that the City Council adopt the Resolutions awarding the sale of the following bond
issues as recommended by the staff and the City's financial adviser, Springsted, Inc., at the Council
meeting:
1) $1,685,000 General Obligation Building Refunding Bonds, Series 1995A
2) $3,275,000 General Obligation Improvement Refunding Bonds, Series 1995B
Backeround:
It is a common practice to consider refinancing outstanding debt when changes in interest rates make
refunding a smart financial move. Based on our work with our financial adviser, Springsted, Inc., it
would be prudent to issue refunding bonds on two existing bond issues. Combined, it is estimated that
interest costs on the issues would be reduced by over $275,000 over the remaining life of the bonds. The
technique used to realize these savings is called a "crossover refunding," and is permitted in Minnesota
Statutes, Section 475.67, Subd. 13.
1) $1,685,000 General Obligation Building Refunding Bonds
This would be a refunding of bonds issued in 1986 for the construction of the Fire Station No.2 at
12100 Sunnybrook Road, and the remodeling of Fire Station No.3 at 7350 Eden Prairie Road.
This refunding will eventually reduce the tax levy needed to retire these bonds through their
maturity in 2008.
2) $3,275,000 General Obligation Improvement Refunding Bonds
This would be a refunding of bonds issued in 1988 for a number of public improvement projects.
These bonds carry the full faith and credit of the City, but rely on special assessments (not taxes)
as revenues to meet the payment obligations. These bonds will be retired in 2004.
Supporting Information
* Draft resolutions are available in the City Manager's Office (each is 12 pages long)
* Bid tabulations will be presented at the Council meeting
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 9, 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 Thonmnson, 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.
PROCLAMATION FOR SENIOR AWARENESS WEEK, MAY 15 -MAY 21,1995
Mayor Harris presented a proclamation for Senior Awareness Week, May 15 -May 21, 1995,
to Vince Faulise and other seniors from the community.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added item XLA.1. Notifyine Surroundine Properties When Property Becomes
Available. Thorfinnson added item XI.A.2. Report on Housine. Transportation &
Social Services Committee. Jullie added item XLC. 2. Resolution 95-99 Awardine
Bid for Dehumidification System at Community Center.
MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as
published and amended. Motion carried unanimously.
CITY COUNCIL MINUTES
May 9, 1995
Page 2
II. OPEN PODIUM
A. PRESENTATION ON THE ABC (A BETTER CHANCEl PROGRAM
Gardner Gay, Executive Director of A Better Chance (ABC) Foundation in Edina,
presented a video describing the ABC program. Following the video several of
the students currently participating in the program described their experiences with
ABC. Gay suggested that Eden Prairie may want to consider sponsoring such a
program.
m. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, APRIL 18, 1995
MOTION: Case moved, seconded by Pidcock, to approve as published the
minutes of the City Council meeting held Tuesday, April 18, 1995. Motion
carried unanimously.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ARBOR DAY PROCLAMATION
C. BIRDIE'S SPORTS PARK 2nd Reading of Ordinance 7-95 for Zoning District
Change from Rural to Commercial Regional Service on 2.2 acres, Adoption of
Resolution 95-77 Approving Site Plan Review on 2.2 acres for Parvest, Inc. and
Approval of a Developer's Agreement for Birdie's Sports Park. Location: Lot
1, Block 1, Fountain Place Apartments. (Ordinance 7-95 for Zoning District
Change and Resolution 95-77 for Site Plan Review)
D. PRAIRIE CYCLE AND SKI, INC. 2nd Reading of Ordinance 17-95 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 Resolution 95-78 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 17-95 for PUD
District Amendment, PUD District Review and Zonin& District Amendment
and Resolution 95-78 for Site Plan Reviewl
E. APPROVAL OF AMENDMENT TO JOINT AND COOPERATIVE
AGREEMENT FOR THE SOUTHWEST SUBURBAN CABLE COMMISSION
CITY COUNCIL MINUTES
May 9, 1995
Page 3
F. AUTHORIZE AGREEMENT FOR PROFESSIONAL SERVICES FOR
COMMUNITY SURVEY
G. CONVEYANCE OF PARCEL SOUTH END OF WALLACE ROAD TO
STATE OF MINNESOTA (Resolution· 95-79)
H. RESOLUTION 95-80 APPROVING FINAL PLAT OF SHORES OF
MITCHELL LAKE 3RD ADDITION (located south of TH 5 and west of Dell
Road)
I. RESOLUTION 95-81 APPROVING FINAL PLAT OF THE SANCTUARY
2ND ADDITION (located in the Hartford PUD)
J. RESOLUTION 95-82 AND RESOLUTION 95-83 APPROVING FINAL PLAT
OF BOULDER RIDGE OF EDEN PRAIRIE AND BOULDER RIDGE OF
EDEN PRAIRIE 2ND ADDITION (both located west of Mitchell Road and
north of Twin Lakes Crossine)
K. RESOLUTION 95-84 RECEIVING PETITION AND ORDERING
FEASffiILITY REPORT FOR SANITARY SEWER AT 14223
CUMBERLAND ROAD AND 8705 MITCHELL ROAD
L. APPROVE CHANGE ORDER NO.1 FOR RILEY LAKE PARKS
M. APPROVAL OF AMENDED AND RESTATED BYLAWS OF THE EDEN
PRAIRIE FOUNDATION
N. BOULDER RIDGE. 2nd Reading of Ordinance 13-95 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 13-95 for PUD District Review and
Zoning District Change from Rural to R1-13.5 and Rezoning from Rural to
RM-6.5)
O. RESOLUTION 95-85 APPROVING PLANS AND SPECIAL PROVISIONS
FOR TECHNOLOGY DRIVE FROM PURGATORY CREEK TO PRAIRIE
CENTER DRIVE. I.C. 95-5306
P. RESOLUTION 95-86 APPROVING COOPERATIVE AGREEMENT WITH
MnDOT FOR TECHNOLOGY DRIVE FROM PURGATORY CREEK TO
PRAIRIE CENTER DRIVE, I.C. 95-5306
CITY COUNCIL MINUTES
May 9, 1995
Page 4
Q. RESOLUTION 95-87 APPROVING PLANS AND SPECIFICATIONS FOR
KIMBERLY LANE SANITARY SEWER RECONSTRUCTION, I.C. 95-5373
R. 1ST READING OF ORDINANCE 18-95 AMENDING CITY CODE
CHAnER 2 BY AMENDING SECTION 2.32. RELATING TO THE
ISSUANCE OF CITATIONS. AND ADOnING BY REFERENCE CITY
CODE CHAnER 1 AND SECTION 2.99
S. AUTHORIZING ISSUANCE OF BONDS AND TERMS OF SALE OF
51.685.000 G.O. BUILDING REFUNDING BONDS. SERIES 1995A
(Resolution 95-88 -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 1995B
(Resolution 95-89 -set sale for May 23, 1995)
MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve items A-
T on the Consent Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. SUNNYBROOK ROAD STREET & UTILITY IMPROVEMENTS. I.C. 94-
5363 (Resolution 95-90) Continued from April 18, 1995
Alan Gray reviewed the status of the project and called attention to a letter
received from four of the property owners requesting that the project go ahead.
He said that Post Construction and Knob Hill Homes worked together to review
the project; however, they were not able to reach a consensus on developing a
portion of the project.
Barry Post, representing Post Construction, asked where the corridor for the
sewer will be and what the costs are. Gray reviewed two possible corridors,
noting that there is also a third possibility to consider. The costs for the two
locations would be similar. Gray said Staff would return with a recommendation
about the location of the corridor after further details are worked out.
Tyra-Lukens asked where the third corridor is located. Gray said it is on the west
side of the Post property and would use part of the duplex property. Tyra-Lukens
expressed concern that there are large trees in that area. Gray said they would
evaluate that location with the owners.
Richard Sentz, who owns the property on the northwest end, said he would like
CITY COUNCIL MINUTES
May 9, 1995
Page 5
to proceed with developing twinhomes on his property but it will depend on what
happens with this project.
Ray Smith, 12550 Sunnybrook Road, said he thought it was time to update
Sunnybrook Road because of the increased traffic on the road and the need for
sidewalks.
Gerard Wersal, 12645 Sunnybrook Road, said he was uncomfortable deciding
after the fact where the sewer corridor will be placed, and he would prefer the
third option despite the tree loss. He outlined the issues that would need to be
resolved if the corridor were placed on his property.
Libby Hargrove, 12640 Sunnybrook Road, said she has had a chance to review
the details of the project but would still like to see Sunnybrook Road returned to
a dead end street. She said she did not want a sidewalk in front of her property
as it would not be useful for her.
Lea Smith, 12500 Sunnybrook Road, said she could see the benefits of the project
for those who need the sewer line, for the pedestrians who would use the sidewalk
and for the neighborhood children.
MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public
Hearing. Motion carried unanimously.
Gray said we would do a more accurate survey to determine the best location for
the easement and would use an appraisal to develop an appropriate offer for this
type of easement. Case asked if we would come back and renegotiate on the
proposed easement. Gray responded that we would have the Watershed District
do a wetlands evaluation and would then work it out with the property owners.
Thorfinnson questioned what the process is to determine where the storm water
runoff would go and why we have reached this stage of the project without having
determined that issue. Gray said they need a corridor to get the water to
Purgatory Creek, and Staff will present alternatives when the analysis is complete.
Pidcock questioned the timing of the project. Gray said they would be able to
follow the Feasibility Study even though we have lost three weeks.
MOTION: Case moved, seconded by Pidcock, to adopt Resolution 95-90
Ordering improvements and preparation of plans and specifications for I.C. 95-
5363, including improvements for storm sewer, sewer, water, street and sidewalk
as proposed. Motion carried unanimously.
CITY COUNCIL MINUTES
May 9,1995
Page 6
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 R1-13.5 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 95-91 for PUD Concept Review, Ordinance for PUD
District Review and Zoning District Change and Resolution 95-92 for
Preliminary Plat)
Rick Murray, representing Residential Development, reviewed the project, noting
that there is a slab on the property that may cover an Indian burial mound. They
have developed a program with the state archeologist if does turn out to be a
burial mound.
Case questioned if the issue has been put before the Heritage Preservation
Commission to help oversee the program if Indian remains are found in the area.
Murray said they talked to John Gertz in March prior to receiving a response from
the state archeologist.
Tyra-Lukens questioned whether there are retaining walls on the hillsides next to
the roadway. Murray said there are none next to the road.
Tyra-Lukens expressed concern that there was an earlier indication that the homes
to be built in the project would be single story rambler-style houses and she has
not heard that discussed tonight. She said she is concerned because of possible
conflicts with the sight lines from the lots along Riverview Road, particularly
from the homes proposed to be build on lots 1, 2 and 3. Murray said that type
of home is the only plan they have to date since that is the type of market they
are targeting. He said the representative of Wood dale Builders has brought plans.
Steve Schweiter, representing Wooddale Builders, said they intend to build
ramblers but they need to have options because these are expensive properties and
lots 1, 2 and 3 are among the better lots in the project.
Enger said the project was reviewed by the Planning Commission at their April
10, 1995, meeting and recommended approval on a 5-0-1 vote with Schlampp
abstaining, subject to the recommendations of the April 7th Staff Report. Enger
reviewed the recommendations contained in the Staff Report.
Lambert said the Parks, Recreation & Natural Resources Commission reviewed
the project at the April 17th meeting and recommended approval on a 7-0 vote,
per the recommendations of the April 7th Staff Report and with the
CITY COUNCIL MINUTES
May 9,1995
Page 7
recommendation that tree replacement credit be given for the existing trees on the
site after the health of those trees was reviewed by the City Forester. He said Stu
Fox, City Forester, reviewed the trees and recommends using the crop trees for
the tree replacement credit, with up to 50 % of them to be removed to enhance the
health of the other trees.
Dietz said the initial review of the project resulted in a request that the developer
put sanitary sewer lines in the front yards; however, since then we have retracted
that request and allowed the sewer to be put in the back yards.
Steve Fritzke, 10488 Wimbledon Court, presented a petition from several
neighbors requesting that lots 1, 2, and 3 be restricted to single story rambler style
homes.
Cheryl Butcher-Younghans, Chair of the Heritage Preservation Commission, said
the Commission is concerned about tracking the compliance of the project with
Minnesota statutes. She said they have spoken with the state archeologist about
a process to accomplish compliance; however, they are also concerned about the
bodies that were disinterred from the site during earlier construction projects.
Jeff Sanderson, 10492 Wimbledon Court, said he concurred with having single
family homes in the area and expressed concern about the storm water runoff.
Laura Bluml, 10540 W. Riverview Road, said she would like to have the
developer directed to work with the neighborhood to see if some voluntary
restrictions can be put on some of the lots. She expressed concern for the fragile
bluff issue, the waivers requested on some of the lots since she thought they
should be required to work within the rules, and the road connection being put
through as a T intersection in Riverview Heights. Enger replied that in this case
the waivers allow a design that is more sensitive to the topography and the trees
than if the letter of the law were followed. Murray said the road connection was
put in as part of the recommendation of the fire marshall.
Pidcock questioned the City Attorney regarding the legal rights of neighbors to
restrict construction to rambler style homes. Pauly said the only way to impose
such a requirement would be if it could be shown clearly that the building of two-
story homes would in some manner cause a serious health, safety or
environmental problem.
Thorfinnson said he was also concerned that there are several indications from the
minutes of the commissions and neighborhood meetings that only ramblers were
going to be built in this project. He would like to have them work this out
CITY COUNCIL MINUTES
May 9, 1995
Page 8
voluntarily since it was the intention from the beginning. At the request of
Thorfinnson, Murray reviewed the drawings showing sight lines in the area that
indicated the proposed houses will not be as high as the front row of trees on the
lots. .
Case said he would like to ask the developer to voluntarily restrict construction
on Lots I, 2 and 3 to single family homes, to have an EA W completed on the
project, and to involve the Heritage Preservation Commission in the process so
that they could review the proposal and return with a report giving guidance and
input on how to proceed.
Thorfinnson asked Staff if the Heritage Commission had been involved anywhere
along the line. Enger said he met with John Gertz this afternoon to review the
recent background on this. While this item was on their agenda twice, there is
confusion because the Council has not directed that the Commission be part of the
formal review process for developments. The developer was put in touch with
John Gertz who discussed the project with them and walked the site. The
developer did not make a formal presentation to the Commission.
Thorfinnson said there is no intent to include the Commission in the formal
process for all development projects; however, with a site as significant as this,
we should have included the Commission so that they were aware of the
development as it went through the process. Case said the Commission is only
five years old, and this is a good test case on how they should be involved in
projects.
Enger said he would recommend that Staff identify the items that are specifically
unique in regard to historical issues and handle them in the same way as the Park
& Rec issues. Lambert suggested that development occurring within 1000 feet
of the bluff or other sites found in the survey of the City be taken to the Heritage
Preservation Commission for a formal presentation with an historical interpreter
explaining the impact of the development and then have the Commission make a
specific recommendation to the Council.
Harris suggested that, for this project, the Heritage Preservation Commission
review it between I st and 2nd Readings and return to the Council with their
recommendations prior to 2nd Reading.
Pidcock said the state is very deliberate in this type of matter so this project
should be well taken care of in that regard. She said if it is determined to be a
significant site the state would take it over, so she did not think we should get
involved until the state archeologist determines that it is a significant burial site.
CITY COUNCIL MINUTES
May 9,1995
Page 9
Case pointed out that the state has a 2-1/2 year backlog of cases, and he thought
we should not allow construction on lots 11 and 12 until we have determined
whether this is a burial site and, if it is, the extent of the site.
Murray said the state archeologist asked them to hire their own archeologist in
order to speed up the process and they have done so. He said they are trying to
proceed on the archeologist's requirements and should have a settlement in 30-60
days. He said they have to lift the slab in order to determine what they are
dealing with.
Harris asked Pauly if there is precedent for approving a project with contingencies
of this nature. Pauly said there are contingencies placed on many projects;
however, this is a novel suggestion and it entails some issues that ultimately are
related to legal resolution. He said he would be concerned about the question of
preemption if the City goes beyond the requirements of the state statutes.
MOTION: Pidcock moved, seconded by Thorfinnson, to adopt Resolution 95-91
for PUD Concept Review; to approve 1st Reading of an Ordinance for PUD
District Review and Zoning District Change; to adopt Resolution 95-92 approving
the Preliminary Plat; and to direct Staff to prepare a Development Agreement
incorporating Commission and Staff recommendations, with Staff to address the
concerns expressed tonight and return with recommendations prior to 2nd
Reading.
AMENDMENT TO THE MOTION: Case moved to direct the developer to
present the project to the Heritage Preservation Commission for their review and
recommendations prior to 2nd Reading and, if the delineation of the site
determines action should be taken on Lots 11 and 12, Council would revisit the
status of Lots 11 and 12 before 2nd Reading.
Motion died for lack of a second.
AMENDMENT TO THE MOTION: Case moved, seconded by Tyra-Lukens,
to direct the developer to make a formal presentation to the Heritage Preservation
Commission so the Commission can render a report to the Council prior to 2nd
Reading.
Pidcock expressed concern about placing another obstacle in the development
process. Harris said she thought we are asking for their comments only, and we
would work out a process for the Heritage Commission review in the future.
VOTE ON THE AMENDMENT: Motion carried unanimously.
CITY COUNCIL MINUTES
May 9, 1995
Page 10
VOTE ON THE MOTION AS AMENDED: Motion carried unanimously.
Councilmembers discussed whether the motion was intended to include the
provision that developer work with the neighbors regarding their concerns. The
consensus was to strongly encourage the developer to work with the neighbors to
ensure that the original promise to build single story ramblers on Lots 1, 2 and
3 is carried out.
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 95-93 for Site Plan Review)
Mark Partridge, project architect, reviewed the project which will add 5,000
square feet to the existing facility, update it for ADA requirements, and add
additional landscaping.
Harris questioned whether a second story could be put on the facility. Partridge
replied that it could not.
Enger said the Planning Commission reviewed the project at the April 10, 1995,
meeting and recommended approval on a unanimous vote, subject to the
recommendations of the Staff Report dated April 7th. The Parks Commission did
not review the project.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public
Hearing; and to adopt Resolution 95-93 approving the Site Plan Review. Motion
carried unanimously.
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 I 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
95-94 for Comprehensive Guide Plan Change and Resolution 95-95 for
Preliminary Plat)
CITY COUNCIL MINUTES
May 9, 1995
Page 11
Enger said the Planning Commission recommended approval of the project at the
April 10, 1995 meeting, per the recommendations of the Staff Report of April 7th.
The Parks Commission did not review the project.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to
approve 1 st Reading of an Ordinance for PUD District Amendment, PUD
Review and Zoning District Change; to adopt Resolution 95-94 for Comprehensive
Guide Plan Change from Office to Industrial; to adopt Resolution 95-95 approving
the Preliminary Plat; to adopt a Resolution approving Site Plan Review; and
to direct Staff to prepare a Development Agreement incorporating Commission
and Staff recommendations. Motion carried unanimously.
D. 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 Rl-13.5 Zoning District and Resolution
95-96 for Preliminary Plat)
Ned Hirschler reviewed the project.
Enger said the Planning Commission reviewed this project at the April 10, 1995,
meeting and recommended approval on a unanimous vote, subject to the
recommendations of the Staff Report of April 7th and the approval by the Board
of Appeals of the request for variance for a 30-foot lot frontage.
Lambert said the Parks Commission reviewed the project on April 17th and
recommended approval on a unanimous vote, subject to the recommendations of
the Staff Report of April 7th.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public
Hearing; to approve the 1st Reading of an Ordinance for Zoning District
Amendment; to adopt Resolution 95-96 approving the Preliminary Plat; and to
direct Staff to prepare a Development Agreement incorporating Commission and
Staff recommendations. Motion carried unanimously.
F. VACATION 95-03. VACATION OF RIGHT-OF-WAY AND EASEMENTS
IN EDEN SCHOOL ADDITION (Resolution 95-97)
CITY COUNCIL MINUTES
May 9, 1995
Page 12
Jullie said this vacation will simplify the transfer of ownership from MnDOT to
the School District.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; and
to adopt Resolution 95-97 vacating the rights-of-way and all drainage and utility
easements in the Eden School Addition. Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims
as submitted. Motion carried on a roll call vote, with Case, Pidcock, Tbonmnson,
Tyra-Lukens and Harris voting "aye."
vn. ORDINANCES AND RESOLUTIONS
vm. PETITIONS. REOUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Notifyin2 Surroundin2 Properties when Property Becomes Available
Case said, because of the Edenvale issue presented at the last Council
meeting, he would like to get a procedure in place to notify the
surrounding properties when we are notified of a tax forfeited property.
He suggested that notice be restricted to those parcels that have no
structures on them and that only the surrounding properties be notified.
Pidcock questioned the additional costs to do the notification and if this
would be considered preferential treatment. Jullie said it would be a
matter of setting up a procedure to notify adjoining properties of the tax
forfeited property before the parcel is brought to the Council so that we
can have their input. Pauly said the tax forfeited properties are listed in
the notice of public sale.
CITY COUNCIL MINUTES
May 9,1995
Page 13 -
Lambert suggested that we send the notice after Staff has reviewed the list
and determined in which ones the City is interested. We would include
Staff's recommendation regarding purchase by the City and the date it will
be on the Council agenda.
MOTION: Case moved, seconded by Thorfinnson, to notify the
surrounding property owners at the time we learn of tax forfeited property.
Motion carried unanimously.
2. Report on HouSin2. Transportation & Social Services Committee
Thorfinnson said they are holding a lottery for the first 15 places on the
Hope program, although we don't yet have the commitment on the
vouchers for apartments. He said they need to begin setting up the
training.
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL
RESOURCES
1. Hockey Association Reguest to Replace Hockey Board System in Rink
1 at the Eden Prairie Community Center
Lambert said the Hockey Association has requested that the dasher board
system in Rink 1 be replaced. He said they took the issue to the School
Board and they concur. It will cost about $80,000 to replace it; however,
we expect to get about $23,000 by selling the old system to another
community, and will payoff the remaining cost over four to five years by
increasing the rental fees on the two rinks and taking the profits from the
home hockey games.
Pidcock questioned why we have the replace the system if it is good
enough for another community to purchase. Lambert said the potential
buyer is a small community in North Dakota that may not have the same
standards of quality as the City does. He said the system requires more
maintenance each year and the glass is badly scratched.
Pidcock questioned the cost to maintain the system. Lambert said it is
$3,000-$5,000 to replace boards and keep it safe for another year. The
new system has different frames and is a lot heavier.
CITY COUNCIL MINUTES
May 9, 1995
Page 14
Tyra-Lukens asked if there will be an increase in cost for public skating
and where the profits from the home games go now. Lambert said the
increase will be for the rental of the facility only, and we put the profits
in the General Fund.
Tyra-Lukens and Pidcock questioned what we would do if we can't get
someone to purchase the old system. Lambert said we could choose to
take longer to pay it off. Jullie said we would get the bids and can then
determine what we want to do at that point.
MOTION: Case moved, seconded by Tyra-Lukens, to authorize the
replacement of the hockey board system as recommended by Staff.
Motion carried unanimously.
2. A ward ina: Bid for Dehumidification System at Community Center
Lambert said they have received the bids for the dehumidification system
in Rink 1 at the Community Center. Staff recommends accepting the bid
of Conrad Mechanical for $69,800. The NSP credit will be $9,000, which
brings the cost close to the estimated cost of $60,000.
MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to award bid
to Conrad Mechanical in the amount of $69,800 for dehumidification
system in Rink 1 at the Community Center. Motion carried unanimously.
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVEWPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Resolution Awardina: Contract for Construction of Golden Rida:e Drive
Improvements. I.C. 94-5360
Dietz said they received five bids and are recommending that the bid be
awarded to Midwest Asphalt whose bid was 6.7% over the estimated cost.
Case questioned whether we are required by law to accept the lowest bid.
Pauly said we are not required to take the lowest bid if there are other
conditions or qualifications that might disqualify a bid.
Pidcock said she has some discomfort with awarding bids to a company
that ignores our ordinances.
CITY COUNCIL MINUTES
May 9, 1995
Page 15
Thorfinnson questioned the schedule for trying to resolve our differences
with Midwest and whether we could table this item until we have resolved
our differences. Jullie said their response is due back in two weeks.
Harris noted that their response would not affect the results of this bid.
MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution
95-98 awarding I.C. 94-5360 and I.C. 94-5368, the Golden Ridge Drive
Improvements and City West Parkway Improvements to Midwest Asphalt.
Motion carried unanimously.
F. REPORT OF CITY ATTORNEY
xu. OTHER BUSINESS
XID. ADJOURNMENT
MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion
carried unanimously. Mayor Harris adjourned the meeting at 10:55 p.m.
II
DATE:
CITY COUNClL AGENDA
SECTION:. CONSENT CALENDAR 5-23-95'
'1EPARTMENT: ITEM DESCRIPrION: lTEMNO.
Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A
THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE
LICENSED ACTIVITY.
CONTRACTOR (MULTI-FAMILY & COMM.)
Baillie Remodeling
Robert C. Devany
Hagman Constnuction, Inc.
R. J. Marco
PLUMBING
Alta Mechanical Contractors
Centra 1 Pl umbing
Grupa Mechani ca 1
Kluver Mechanical Construction
Randy L. Monson Plumbing
Norblom Pl umbing
Skarda Plumbing & Heating
TEMPORARY LIQUOR
Eden Prairie Lions Club
(Schooner Days -June 2,3,4)
Action/Direction:
5-23-95 page 1
GAS FITTER
Alta Mechanical Contractors
Cedar v'alley Heating &'Air Condo
Kluver Mechanical Construction
Norblom Pl umbing
HEATING & VENTILATING
Alta Mechanical Contractors
Cedar Valley Heating & Air Condo
Kluver Mechanical Construction
UTILITY INSTA~LER
Lennon Excavating, Inc.
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\ordinanca\ordvs.232
DATE: OS/23/95
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: IV. C
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Public Works Architect Selection Process
Eugene A. Dietz Public Works/Park Maintenance Building
Requested Action:
Staff is requesting Council authorization to begin the selection process for an architect to design
the Public Work/Park Maintenance Facility. Further, if an interest exists, Council may wish
to consider appointing one councilmember to participate in the selection process. The results
of that selection process will be presented to the City Council prior to negotiating a contract for
professional services.
Background:
Eden Prairie approved the concept layout plans and adopted the official map for T.H. 212 in
1987, knowing that the Fire Station and Parks/Public Works Maintenance Facility would be
among the right-of-way acquisitions. In December, 1991, the opportunity to acquire a centrally
located replacement facility presented itself and we purchased a 5-acre industrial lot and 66,000
square foot building from the Eaton Corporation for $1,039,579.10. With eager anticipation we
awaited the MnDOT appraisal of the existing land and building so that we could establish a
budget for the rehabilitation of the newly purchased facility.
Unfortunately, funding delays have stymied that process. However, the development of the
community and the needs of our maintenance staff continue to grow and the imminent expansion
of the Water Treatment Facility on the site creates a dilemma. MnDOT has recently assured
us that an offer will be made on the facility prior to July 1, 1995. In an attempt to keep
logistical control of moving the Maintenance Facility and expanding the Water Treatment Plant,
we propose the following plan:
STEP A.
STEP B.
STEP C.
STEP D.
STEP E.
Select an architectural consultant.
Negotiate a first-phase architectural agreement to bring the project to a
concept design stage, including various alternatives and related budget
implications.
By this stage we would expect to have an offer from MnDOT for the
existing facility. If not, an alternative means to finance the relocation will
be investigated and presented to City Council.
Based on a budget analysis and financing plan, request authorization from
City Council to proceed with plans and specifications.
Reconstruct the building and relocate the operation with a goal of
completion September 1, 1996.
III. a.. I
Architect Selection Process
Public Works/Park Maintenance Building
May 23, 1995 Council Meeting
Page 2 of 2
We are proposing a design process that would include all of the potential stakeholders for the
building --Facilities, Park staff, Street Division staff, Fleet Services staff, and a Council member
if you desire. Similar to the Water Treatment Plant, we would anticipate building our ultimate
facility at this time (assuming a cost effective financial plan).
Financial Issues:
It is proposed that the project not proceed beyond conceptual design stage until a permanent
financial plan is reviewed and approved. It is proposed that the cost associated with this
conceptual phase be temporarily funded using the $325,000 available for the satellite storage
facility until such time as the final funding is available.
EAD:ssa
11I.C.·l.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5/23/95
SECTION: CONSENT CALENDAR ITEM NO. IT. D
DEPARTMENT: Parks, ITEM DESCRIPTION: Request to Transfer Funds for Purchase of Turf
Recreation and ~es Aeration Equipment
Stuart A. Fox /"
BACKGROUND:
Since Miller Park was completed two years ago the park maintenance division has been working to try and
establish turf on 65 acres of parkland. To date, we have been fairly successful in most areas; however, the
problem with turf establishment on the five soccer fields is something that has caused a great deal of frustration
and expenditures. The soccer fields have been overseeded a number of times and we have tried various
methods to establish quality turf for athletic play. The problems we have experienced due to the fine silt soils
and the fields are not currently ready for play. We have made a commitment to the associations that these
fields would be ready for play by this fall.
RECOMMENDATION:
The park maintenance division recommends that the City purchase a new type of soil aerating equipment called
an AERA-V ATOR. This is a piece of equipment is manufactured in Georgia and has the ability to pierce
tightly compacted ground, as well as fracture the upper soil levels to promote healthy turf growth. The cost
for this piece of equipment $6,550. The staff is recommending purchase of this piece of equipment at the
current time for the following reasons:
• Current aerating equipment does not work on the Miller Park soils.
• This piece of equipment could be used on all athletic fields. It would increase the aeration capabilities
throughout the entire park system.
• Several communities have expressed interest in sharing equipment or renting specialized equipment.
If the City were to purchase this we could work out rental agreements with other adjacent communities
to recover some of our costs.
• The staff has compared three different types of aeration equipment at Miller Park and to date this piece
of equipment is by far the best that we have used.
• This piece of aeration equipment does not pull cores which require cleanup or breakup prior to using
the field for athletic purposes.
• It will fit any of our maintenance tractors.
To pay for this purchase, staff is recommending using $3,000 from the capital improvement fund (side fencing
of some of the softball/baseball fields), as well as $3,500 left from the Miller Park referendum fund.
SAF:mdd
Request. memo/Stuart
1
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5/23/95
SECTION: Consent Calendar ITEM NO. IV-E
DEPARTMENT: Parks, ITEM DESCRIPTION:
Recreation and Facilities Approve Lease Amendment for C. H. Robinson
RECOMMENDATION:
Staff recommends approval of the third amendment to the office lease with C. H. Robinson.
BACKGROUND:
The operation of a cafeteria and the terms of operation are in the lease agreement between the City and
C. H. Robinson. The lease was amended in order to better define the level of service which needs to
be maintained and pricing of food provided by Sisinni Food Service (SFS).
ISSUES:
The City planned to have the SFS contract signed and in effect January 1, 1995. Due to delays with
C. H. Robinson attorneys, the contract is scheduled to be effective June 1, 1995.
Attachment
BC:pb
chrlease
/~ /~ii -=T=H=I=R=D:-....:..:AM=E::.N~D::.M=E=N.:..::T~T:..::O~O:::.:F~F~I=..;C:::..:E::::....-.L~E~A~S==-E / V
THIS THIRD AMENDMENT TO OFFICE LEASE (herein referred to as
"this Third Amendment") is made as of the day of April, 1995,
by and between CITY OF EDEN PRAIRIE, a municipal corporation under
the laws of the State of Minnesota (herein indiscriminately
referred to as "City" and "Landlord") and C. H. ROBINSON COMPANY,
a Delaware corporation (herein indiscriminately referred to as
"CHR" and "Tenant").
RECITALS:
A. In 1989 I CHR entered into a certain Office Lease (the
"Original Lease") dated as of October 16, 1989, by and between
Technology Park Associates of Eden Prairie, Ltd., a Minnesota
Limited Partnership ("TPA"), as landlord, and CHR, as tenant, a
Memorandum of which was filed in the records of the Hennepin County
Recorder as Document No. 5593937, whereby CHR leased a portion of
a building located at 8100 Mitchell Road, Eden Prairie, Minnesota,
on land (the "Land") located in Hennepin County, Minnesota, legally
described as follows, to wit:
That part of the East 1/2 of the North East
1/4 of Section 16, Township 116, Range 22,
West of the 5th Principal Meridian, lying
Southerly of a line drawn from a point on the
East line of the North East 1/4 of said
section which is distant 1106.50 feet North
along said East line from the South East
corner of said North East 1/4 to a point on
the West line of the East 1/2 of the said
North East 1/4 which is distant 953.5 feet
North along said West line from the South West
corner of said East 1/2.
B. In 1991, Norwest Bank ~linnesota, National Association, a
national banking association ("Norwest") succeeded to TPA's
landlord's interest under the Original Lease as a result of
foreclosure by Norwest of a mortgage lien Norwest held against the
Land and improvements thereon.
C. Events occurred which led to a lawsuit between Norwest
and CHR regarding the meaning of certain provisions of the Original
Lease and related documents. The lawsuit was settled and the terms
of the settlement are set forth in a certain Settlement Agreement
dated as of April 26, 1991, between Norwest and CHR (the "First
Amendment" ) . Pursuant to the First Amendment, Norwest and CHR
amended the Original Lease and Norwest expressly assumed the
-1-
obligations of the landlord under the Original Lease, as
the First Amendment.
D. The Housing and Redevelopment Authority in and for the
City of Eden Prairie ("HRA") acquired fee title to the Land and
Improvements thereon as of January 21, 1993, and the Landlord's
interest in the Lease was assigned to the HRA, which in turn
assigned Landlord's interest to the City.
E. The Original Lease as amended by the First Amendment was
further amended by a Second Amendment To Office Lease made as of
the 21st day of January, 1993, by and between the HRA and CHR.
F. The parties desire to amend the Original Lease, as
amended, by amending Article 12, Section 12.4. entitled "Cafeteria"
of the Original Lease to read as follows:
"12.4. Cafeteria. Landlord shall continue
to operate, or cause to be operated, the
cafeteria located on the first floor of the
Building in the area designated as "Cafeteria"
on attached Exhibit A-3 (the "Cafeteria") from
11:30 a.m. to 1:00 p.m. on Monday through
Friday, excluding legal holidays, and shall
provide a hot entree, sandwiches, soup and
salad bar from September 1 through May 31 of
each year, and sandwiches, soup and salad bar
from June 1 through August 31 of each year.
Prices for food served in the Cafeteria shall
be competitive with prices offered by other
area restaurants and caterers providing
similar food and facilities.
IN WITNESS WHEREOF, the parties hereto have caused this Third
Amendment To Office Lease to be executed as of the date first above
written.
LANDLORD:
CITY OF EDEN PRAIRIE
By ____________ ~---------------------
Jean L. Harris, Its Mayor
By __________ ~~------~----------
Carl J. Jullie, Its City Manager
-2-
" ----) -
..... oJ ..... .. .. .. .. .. ..
II .. ~ .. .. .. .. ........... .. .. .. .. .. . .. .. .. .. .. .. . ~
~ ............. .......... ,
......... t .. ..
• .. 1 .... ..
TENANT:
C. H. ROBINSON COMPANY
By
Its
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
On this ____ day of April, 1995, before me, the undersigned,
a Notary Public for the State of Minnesota personally appeared Jean
L. Harris and Carl J. Jullie, known to me to be the Mayor and City
Manager, respectively, of the CITY OF EDEN PRAIRIE, MINNESOTA, the
municipal corporation that executed the within instrument, and who
acknowledged to me that such corporation executed the same.
(Notarial Seal)
Notary Public
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
On this ____ day of April, 1995, before me, the undersigned,
a Notary Public for the State of Minnesota personally appeared
Tom Jostes , known to me to be the
Vice-President of C. H. ROBINSON COMPANY, the
corporation that executed the within instrument, and who
acknowledged to me that such corporation executed the same.
-3-
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5/23/95
SECTION: Consent Calendar ITEM NO. IV-F
DEPARTMENT: Parks, ITEM DESCRIPTION: Approve Sisinni Food Service Agreement
Recreation and Facilities
RECOMMENDATION:
Staff recommends approval of the food service agreement with Sisinni Food Service.
BACKGROUND:
The lease agreement between the City of Eden Prairie and C. H. Robinson states there must be an
operating cafeteria on the lower level of the City Center. Mr. Tony Sisinni of Sisinni Food Service has
an agreement with the City to provide this service according to the terms of the lease.
The existing agreement with Sisinni Food Service (SFS) states that the City shall reimburse SFS for the
net operating loss during the daytime hours when the cafeteria is open. The net subsidy for SFS
averaged $5,500 per month in 1994. The average for 1995 has run almost $9,000 per month. This is
not only a substantial amount of money, it is also an accounting problem for both the City and for SFS.
NEW AGREEMENT:
Under the terms of the new contract, SFS will operate the cafeteria under the terms of the lease
agreement with C. H. Robinson, in exchange for using the City facilities, to operate a catering and
bakery business. The Garden Room will be reserved through SFS and revenues for rentals will be
retained by SFS.
The lease is expected to be signed and in effect June 1, 1995.
Attachment
BC:pb
ccsfscon
-1-
FOOD SERVICE AGREEMENT
This Agreement is made as of this 1st day of June, 1995, by
and between City of Eden Prairie, a municipal corporation under the
laws of the State of Minnesota ("City"), and SFS, Inc., a
corporation under the laws of the State of Minnesota ("SFS").
RECITALS:
A. City is Landlord pursuant to a Lease of a portion of a
building (the "Building") known as Eden Prairie City
Center and land located at 8080 Mitchell Road, Eden
Prairie, Minnesota, made as of the 16th day of October,
1989, by and between Technology Park Associates of Eden
Prairie, Ltd. and CH Robinson Company (" Tenant" ), as
amended by a First and Second Amendment ("CHR Lease").
B. Pursuant to Section 12.4 of the CHR Lease, City
obligation to operate the cafeteria located
Building from 11:30 a.m. -1:00 p.m. on Monday
Friday, excluding legal holidays.
has the
in the
through
C. Cafeteria is that part of the Building described in
Exhibit 1 attached hereto.
D. The cafeteria consists of the kitchen and food service
area, Private dining room and Garden Room.
E. The cafeteria contains equipment and fixtures owned by
City set forth in Exhibit 2 attached hereto ("City food
service equipment") and equipment owned by SFS set forth
in Exhibit 3, attached hereto ("SFS equipment").
F. City desires to engage SFS to operate the cafeteria in
order to fulfill City's obligations pursuant to the CHR
Lease, and to provide such additional service for the
term and upon all of the provisions and conditions
contained herein.
G. SFS desires to operate the cafeteria and, in addition, to
use the kitchen facilities to operate and provide
catering services and produce bakery goods and products.
NOW THEREFORE, the parties hereto agree as follows:
1. Term. This Agreement shall become effective on
June 1, 1995 and continue through December 31, 1999,
subject to the rights of the parties to terminate as
provided herein.
-1-
2. Engagement of Services. City engages SFS as the provider
of services set forth in the following sections of this
Agreement.
3 . Services To Be Provided By and Obligations of SFS.
shall provide the following services and perform,
conform to, the following obligations:
SFS
and
a. Operate the cafeteria from 11:30 a.m. to 1:00 p.m.
on Monday through Friday, excluding legal holidays
(except Columbus Day shall not be excluded) and
shall provide a hot entree, sandwiches, soup, and
salad bar from September 1 through May 31 of each
year and sandwiches, soup and salad bar from June 1
through August 31 each year.
b. Prices for food served in the cafeteria shall be
competitive with prices offered by other area
restaurants and caterers providing similar food and
facilities.
c. Keep and maintain the cafeteria, together with all
equipment, furniture and fixtures therein in a
first class, clean and sanitary manner, and in
compliance with all Federal, State, and City laws,
rules and regulations relating to sanitation,
health, preparation and serving of food and food
products, and worker safety including, but not
limited to, the Occupational Safety and Health Act
of 1970, as amended.
d. Manage and administer the short-term (hourly or
daily) licensing of individuals and groups for the
use of the Garden Room and the Private dining room.
The fees to be charged for such licensing shall be
as provided by City by notice to SFS from time to
time.
e. Abide by all rules and regulations fixed and set by
City relating to the licensing and use of the
Garden Room, Private Dining Room, other areas of
the cafeteria, and the Building and surrounding
land on which the Building is situated.
f. At its sole cost and expense obtain all government
licenses and permits required for the operations
and services to be provided by it.
g. Maintain and keep in good repair, ordinary wear and
tear excepted, the cafeteria, and all City food
service equipment, in a condition comparable to
that existing on June 1, 1995.
-2-
-3 -
h. Reimburse the City for use of gas and elec
costs directly related to all food preparation.
l. All deliveries to SFS shall be scheduled prior to
8:00 a.m., Monday through Friday.
j . Bread deliveries leaving the Building shall be
loaded and clear of the Building by 7: 00 a.m.,
Monday through Friday.
4. City's Obligations. City will do or provide to SFS the
following:
a. Provide the City food service equipment.
b. Maintain the electrical system in the cafeteria
which is a part of the Building, but not that which
is a part of the City food service equipment or SFS
equipment.
c. All of the utilities including heat, lighting and
cooling, and gas energy for the kitchen, subject to
SFS payment obligation pursuant to Section 3
hereof.
d. The right to license from City the Heritage Room
(or portion thereof) and the Atrium located in the
Building, upon payment to City of such amounts and
subj ect to such policies, rules and regulations,
established from time to time by City.
5. Compensation to SFS. For its services SFS shall receive,
in addition to those benefits derived pursuant to Section
4 hereof, the following:
a. All proceeds from licensing of use of the Garden
Room and Private dining room.
b. Retention of all amounts received from providing
food service in the cafeteria.
c. The right to use and operate the cafeteria,
including the kitchen facilities, to sell food to
occupants and tenants of the Building and their
employees, guests and invitees and others, to
provide food catering within and outside the
cafeteria, the right to use the kitchen facilities
to produce bakery goods and products, and the right
to retain all income derived from such activities.
d. A credit (or reimbursement if paid by SFS) against
the cost of gas or electricity in the amount of
-3-
$500.00 per month in calendar year 1995 (commencing
June 1. 1995) and $333.33 per month in calendar
year 1996 and nothing thereafter.
6. Insurance.
a. SFS shall provide the following insur~nce;
(i)
(ii)
(iii)
Worker's Compensation.
Comprehensive Liability.
Comprehensive Loss insuring loss ~nd
damage of and to the SFS equipment.
All policies of insurance shall contain a waiver of
the insurers' rights of subrogation against City.
7 . No Liquor. SFS shall not give, barter or sell any
intoxicating or non-intoxicating alcoholic beverages in or from the
cafeteria. This provision shall not prevent any other person or
entity from giving, bartering, or selling such beverages in a legal
manner.
8. Indemnification. SFS will indemnify city and hold it
harmless from and against all judgments, claims, damages, costs and
expenses, including a reasonable amount as and for its attorney's
fees paid, incurred or for which it may be liable resulting from
any breach of this Agreement by SFS or any act or omission
perfonmed, taken, or not performed or taken, as a result of this
Agreement.
9. Termination. Either party may terminate this Agreement
as any time by giving notice of its intention to do so, to the
other, as provided herein, at least 90 days prior to the date of
termination.
Immediately prior to termination of this Agreement, SFS shall
have repaired, restored, cleaned and maintained the cafeteria and
the City equipment in a manner and condition in which it existed on
the date hereof. reasonable wear and tear excepted.
Except for liability resulting from acts or omissions of a
party, arising, taken or omitted prior to such termination (prior
liability) the rights and obligations of each party resulting from
this Agreement shall cease upon such termination. Any prior
liability of a party shall survive termination of this Agreement.
10. Notices. Any notice required or permitted to be given by
any party upon the other is given in accordance with this Agreement
if it is directed to SFS by delivering it personally to Anthony
Sissinni; or, if it is directed to City. by delivering it
personally to City Manager; or, if mailed in a sealed wrapper by
United States registered or certified mail, return receipt
-4-
-5-
01:n £6. 61 )..tJw c00-d v6£-1 16B-~ NOS~393~9 )"lntJd 9NtJl n606cBc19
requested, postage prepaid; or if transmitted by facsi 'Ie
followed by mailed notice as above required; or if deposited cost
paid with a nationally recognized, reputable overnight courier,
properly addressed as follows:
If to SFS:
If to City:
SFS Inc.
8080 Mitchell Road
Eden Prairie, MN 55344
ATTN: Anthony Sissinni
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: Carl Jullie
Notices shall be deemed effective on the earlier of the date of
receipt or the date of deposit as aforesaid; provided, however,
that if notice is given by deposit, that the time for response to
any notice by the other party shall commence to run one business
day after any such deposit. Any party may change its address for
the service of notice by giving written notice of such change to
the other party, in any manner above specified, 10 days prior to
the effective date of such change.
11. Independent Contractor. SFS is an independent contractor
engaged by City to perform the services described herein and as
such (i) shall employ such persons as it shall deem necessary and
appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of SFS
and in no respect employees of City, and (ii) shall have no
authori ty to employ persons, or make purchases of equipment on
behalf of City, or otherwise bind or obligate City.
12. Agreement Supersedes Other Agreements, This Agreement
supersedes and supplants all previous agreements and
understandings, whether oral or written, between the parties.
CITY OF EDEN PRAIRIE
Dated: ___________ , 1995
-5-
SFS, INC.
Dated: 1995
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Bucksco transport cart
New Age can rack
Eden Prairie City Center
Garden Room Inventory
April 4, 1995
8-section ware shelving
Tonka 12 foot x 14 foot walk-in cooler
Tonka 10 foot x 10 foot walk-in freezer
4-foot stainless steel work table
Stainless steel work table w/sink
Lakeside cart
8-foot work table
Scotsman ice machine
3-compartment stainless steel sink
Traulsen 2-door freezer
Traulsen 2-door refrigerator
13-foot stainless steel hood
6-foot stainless steel table w lpot rack
20-quart mixer
Kitchen Aid mixer
10-foot work table w/sink
lO-foot stainless steel overshelf
Crescor proof cabinet
Hobart slicer 1612
24" Equipment stand
Plastic lowers tore
Serv-o-lift 4-well stearn table
3 tier stainless steel
more at Eaton
-12 Water Pitchers
65 Coffee cups
50 Water glasses
200 Forks
200 Knives
200 Spoons
100 Bouillon Spoons
20 Coffee pitchers
60 Soup spoons, large
175 #1 plates
205 #2 plates
204 Dinner plates
30 Sandy plates, large
50 Sandy plates, small
45 Soup cups
7 Sheet pans
20 Salad Bar Crocks
1 Valcan stove
2 Montaque ovens
2 Dunage racks
1 File cabinet
1 Desk
2 Telephones
40 60" round tables
210 Red metal chairs (in restaurant) More at Eaton
2 Condiment caddies
-/0 -
1 Serv-o-lift 8-foot cold table salad bar
1 Serv-o-lift 4-foot cold serving table
1 Serv-o-lift beverage/cashier counter
1 American coffee urn
2 Remcor ice water dispensers
1 4-foot cold table
1 9-foot cold table
1 24-inch carving table with drawer
2 Tray caddies
1 Hobart 2-door refrigerator
1 Hobart dishwasher CRS86
1 Hatco booster heater
1 Stainless steel insinkerator 300
1 Stainless steel insinkerator 125
1 Hose reel Dishroom; hanging from ceiling
1 Star pie case
1 Mobile food warmer
1 Delfield sandwich table
1 2-well steam table
1 2-door refrigerator
'" II -
C)-tv of Eden Prairie a... Jffices
8080 Mitchell Road • Eden Prairie, MN 55344-4485
Phone (612) 949-8300 • TOO (612) 949-8399 • Fax (612) 949-8390
October 31, 1994
(
Roger Pauly
Suburban Place Building
250 Prairie Center Drive
Suite 370
Eden Prairie, Minnesota 55344
SUBJECT: Request to Draft a Contract Between the
Dear Roger:
City of Eden Prairie Housing and Redevelopment
Authority and Sisinni Food Services for
Providing Food Service at the City Center
Attached is a memorandum from me to Carl regarding a recommendation for providing food
service at the City Center. Also, attached is a copy of Tony Sisinni's proposal for providing
food service at the Garden Room in the City Center. I've also included a copy of a "rider to
lease" that was drafted by Eberhardt relating to the Sisinni Food Services operation. This was
never signed, but it does provide additional information regarding the general understanding of
the City's current relationship with the Sisinni Food operation.
At this time, I would request that you draft a contract agreement between the Housing and
Redevelopment Authority and Sisinni Food Services for my review. I would like to then review
this draft agreement with Tony Sisinni. I would like the term of the contract to begin January
1, 1995 and continue through December 31, 1999, but allowing either party to terminate the
contract by proving the other party with a 90-day notice to terminate.
I'm sure you'll have many questions regarding the details of this proposed contract. Please feel
free to give me a call, and although I may not have an immediate answer I can provide them for
you shortly.
Sincerely,
.~-l~
Robert A. Lambert
Director of Parks, Recreation and Facilities
l RAL:md
cc: Carl Jullie, City Manager
Tony Sisinni, Sisinni Food Services ®
Recycled Paper -/;)-. -
C MEMORANDUM
(
TO: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources ~
DATE: October 31, 1994
SUBJECT: Recommendation Regarding Food Service at City Center
BACKGROUND:
Item 12.4 on page 27 of the Contract between the City of Eden Prairie and C.H. Robinson, the
City is responsible to "continue to operate, or cause to be operated, the cafeteria located on the
first floor of the building in the area designated as "cafeteria" on attached Exhibit A-3 (the
cafeteria) from 11:30 a.m. to 1:00 p.m. on Monday through Friday, excluding legal holidays,
in general conformity with the existing standards, quality and level of operation. Prices for food
dispensed in or from the expenses of such operation, excluding from the costs and expenses of
such operation for the purpose of applying such percentage limit, all costs and expenses for
which tenant is otherwise obligated to reimburse or partially reimburse landlord pursuant to this
lease. "
In layman terms, that paragraph requires the City to operate a cafeteria for an hour and half
Monday through Friday at the same standard and level of operation that was in existence when
the City entered into the Contract. Although, I believe there may be some question as to what
the level of operation was at that particular time, the City does have an obligation under the
Contract to provide some type of food service on a daily basis. The prices for the food can be
set at 5 % above the "out of pocket costs" for running that operation excluding any of the costs
that we are able to charge to C.H. Robinson. The only way to obtain a clear figure on the
actual cost to run the food service for this building would be to require a foot contractor that did
not run any other businesses out that facility and, therefore, charges 100% of the cost to the
food service operation. At that point, the food prices could be set at 105 % of the out of pocket
costs and either the cost of food would be so high no one would use the facility (5 % would be
such a small figure no one would bid for the service), or the tenants could make a decision to
subsidize the operation.
At this time, the City has done everything in its power to make the operation a profitable
business for Mr. Sisinni by allowing him to operate a bakery business and a catering business
along with the food service business. This has created the problem of trying to separate his
actual operating costs from the outside businesses in order to determine what portion of the
operating costs can be charged to the other tenants. The total expenditure versus revenue for
the three different businesses from January 1, 1994 through September 1, 1994 are as follows:
-/3 --
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(
l
Business/Service Expenditure Revenue Net Profit (loss)
Bakery Business ? ? $13,425.00
Catering Business ? ? $4,946.00
Food Service $201,654.00 $149,356.00 ($52,298)
Based on this information, the City should be able to charge $ toward the
operating costs of the restaurant to the tenants to maintain this food service; however, the City
is already at the "rent stop" ceiling of $4.77/sq. ft.
In order to evaluate the actual cost of this service to the City of Eden Prairie, and the tenants
and to evaluate the value of this service to the City Center versus the cost of the service, City
staff have requested Mr. Sisinni to submit a revised proposal for providing this service beginning
in January 1995. Staff have also requested meeting with Mr. Gleason, the counsel for C.H.
Robinson, to inform him of the actual cost to the City and to discuss alternatives including:
1. Reducing the requirement for the meals (perhaps soup and sandwiches during summer
months, etc.).
2. Going to a vending service for meals and leasing the common area space for weddings,
meetings, etc. and requiring all groups renting the facilities to provide their own catering
service, etc.
3. Cost to eliminate this requirement from the lease agreement in order to give the City the
flexibility of considering leasing that space as additional office space in the building.
Once the City reviews these options and estimated expenditures versus revenues the City will
then be able to evaluate the real cost of providing food service at the City Center.
Mr. Gleason has indicted that C. H. Robinson would consider eliminating the requirement for
providing the food service if the City were to grant C. H. Robinson free base rent for their
proposed expansion space. That offer at least provides the City with an idea as to the cost of
eliminating the food service from the C. H. Robinson contract.
SISINNI'S PROPOSAL:
Sisinni Food Service, Incorporated (SFS) submitted the following proposal on Sept. 23, 1994:
SFS, Inc. will continue to provide food services to the City of Eden Prairie, in lieu of payment,
the City will allow SFS to conduct and manage the Garden Room and associated kitchen as a
free standing business. There are needs for cooperation between the City and SFS, Inc. The
following terms are set-forth as a proposal and if adopted will be placed into a formal contract.
This is a non-binding proposal, it is a working document that may be altered to fulfill both
parties needs.
c ·A:' SFS, Inc. will provide food services in return for the use of the Garden Room and
kitchen. through December 31, 1999.
B .. -.. -SFS, Inc-; wiUretain all proceeds from room rental charges associated with the Garden
.•. -Roo~.J~stiInated at $12,000 per year)
cC. -SFS, Inc. will maintain the cleanliness of the Garden Room, cafeteria and kitchen areas.
-D. SFS, Inc. will maintain equipment owned by SFS and the City but will bill the City for
any necessary repairs for the equipment owned by the City. •
E. The baking ovens will be sub-metered and SFS will pay for any gas usage on that sub-
. met~r that exceeds $6,000 per year for the first year, all usage over $4,000 the second
.. year· and will pay all gas usage for the remainder of management contract
F. The City of Eden Prairie will maintain the electrical system i.e. to the kitchen and in the
dining area. Also, the City will continue to provide the liability insurance for the Garden
Room. (not for the food liability)
G. SFS will pay a fee in the fourth and flfth years and that fee will be negotiated 90 days
prior to those years. This will be a one time negotiation for both years.
( H. SFS, Inc. will provide ample services to fulfill the requirement to C.H. Robinson. (ie.
to provide the same level of food service Monday through Friday, except holidays, from
11:30 a.m. to 1:00 p.m.)
l
I. SFS will provide the same level of food service and quality as provided during the first
year, with exception of limiting service to soup, salad and sandwich during summer
months.
J~ Contract to be drafted as a service contract, rather than a rental or lease agreement.
K. Supervision of the contract will be directly from the City (not through Eberhardt).
City staff would also recommend that the City put a sub-meter on the existing ovens to
determine the cost to the City to pay for those ovens as well. Item E in the proposal should list
an amount that Mr. Sisinni would agree to pay relating to utility costs for all ovens during the
fIrst year, second year, etc. of the contact in order to reflect the actual cost to the City for
operating the food service business in that locattQn.
A contract should also require a complete inventory of City owned equipment and supplies in
that facility at the beginning of the contract to ensure that that equipment and supplies are
maintained and replaced as necessary throughout the term of the contract by SFS, Inc. SFS
should also be responsible for maintaining and repairing any portion of the building that is
damaged during the term of his contract (for example, an individual attending a recent wedding
in the Garden Room put his fist through the wall. That repair cost should be the responsibility
C Staff would further recommend that there be a clause allowing both the City and SFS, Inc. to
terminate the agreement with cause with a 90 day notice. Staff would also request that SFS
define what the fee proposal will be based on during the fourth and fifth year of the agreement.
(
CONSIDERATION:
The rationale to allow a private business person to use public' facilities for personal gain is that
the business is providing a service to the public. In order to ensure that the business remains
a service to the public, it is critical that these facilities continue to offer a low priced meeting
facility to the public for club meetings, special events, etc. and a reasonably priced lunch to
tenants. In order to ensure that service, it is important that the contract between the City and
SFS, Inc. would state the rental fees for the Garden Room, as well as the group limitations
(maximum and minimum size of groups) and any other restrictions that may occur during the
term of the contract and that the noon lunches will be competitively priced with other Eden
Prairie restaurants.
OTHER OPI'IONS:
In order to evaluate the Sisinni proposal arid determine the real cost to the citizens of Eden
Prairie for offering food service at the City Center, the City must also evaluate other options for
use of this space. One option may be to eliminate the food service and simply provide lunches
through a vending service. The common area could remain a cafeteria with vending and the
individual tenants could make arrangements with various sandwich shops to deliver sandwiches
or simply rely on vending machines. The facility could also be rented out to groups for
weddings in which each group renting the facility would be required to hire their own catering
service. The facility could be rented with or without the use of the kitchen facilities for a fee.
The individuals who have put down money for reserving this facility for wedding receptions for
next year could keep the facility rented but would be responsible for obtaining their own catering
service for the facility.
Another option would be to eliminate the food service entirely and simply rent this space to
another tenant. These options would require consent by C.H. Robinson.
RECOMMENDATION:
Staff recommends the City Attorney draft a contract between Sisinni Food Services and the City
of Eden Prairie Housing and Redevelopment Authority to provide food service at the City Center
Garden Room based on the conditions set forth in this memorandum.
CarU27/Bob
DATE:
CITY COUNCIL AGENDA
May 23, 1995
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Inspections--K. Schmieg Demolition of structures at 8560 Franlo Road IV. G
Reguested Action:
It is recommended that the Council authorize execution of an agreement with DKH Excavating for
demolition of sstructures at 8560 Franlo Road.
Backeround:
The City has declared the house and garage at 8560 Franlo Road to be hazardous buildings following fires
that have occurred in the structures. The buildings need to be removed, and the well and septic systems
properly abandoned.
Staff received three bids for this work. DHK Excavating is the low responsible bidder.
Financial Implications:
The $6,200 cost of the project will become a lien against the property.
Supporting Information:
1) Staff memorandum--bid tabulation
2) Proposed agreement for services
MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl J. Jullie, City Manager
Kevin W Schmieg, Director of Inspections, ~V)-FROM:
DATE: May 17, 1995
SUBJECT: Demolition of a house and garage at 8560 Franlo Road
The City of Eden Prairie received 3 bids for the demolition of two
Hazardous buildings located at 8560 Franlo Road in Eden Prairie,
Minnesota.
BIDDER
Miller Brothers Excavating
Bollig & Sons Inc
DKH Excavating
AMOUNT
$10,900
$10,325
$ 5,300
RECOMMENDATION: Staff recommends that the bid be awarded to the
low bidder DKH Excavating for the amount of $5,300.
The City, has also received bids for the abandonment of the well
and septic systems at the above referenced property in the amount
of $900.
The total cost for the project will be $6,200.
FORK OF ·CONTRACT
THIS AGREEMENT, made and executed this
19~ by and between City of Eden Prairie
as the "CITY", and DKH Excavating
to as the "CONTRACTOR".
WITNESSETH:
23rd day of ~M=a~y~~_
hereinafter referred to
hereinafter referred
CITY AND CONTRACTOR, for the consideration hereinafter stated,
agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and
execute all the provisions of the Specifications prepared
by The City of Eden Prairie referred to in Paragraph
IV, as provided by the CITY for: The Demolition of two
(2) Buildings.
CONTRACTOR further agrees to do everything required by
this Agreement and the Contract Documents.
II. CITY agrees to pay and CONTRACTOR agrees to receive and
accept payment in accordance with the prices bid for the
lump sum as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted
CONTRACTOR'S proposal on file in the office of the City
Building Official. The aggregate sum of such prices,
based on estimated required quantities is estimated to be
$ Five Thousand three hundred dollars ($5,300)
III. Payments to CONTRACTOR by City shall be made as provided
in the Contractor Documents.
IV. The Contract Documents consist of the following component
parts:
(1) Legal and Procedural Documents
A. Accepted Proposal
B. Contract Agreement
(2) Special Conditions
(3) Detail Specifications
(4) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this
Agreement and are as much a part of this Agreement as if
fully set forth herein. This Agreement and the Contract
Documents are the Contract.
(V). CONTRACTOR agrees to fully and satisfactorily complete
the work contemplated by this Agreement in accordance
with the following schedule:
completed by May 31, 1995
in accordance with the Contract Documents.
(VI). This Agreement shall be executed in __ ~2 ___ ,copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set
their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA
By ______________________ ___
Its City Mayor
And. ____________________ _
Its City Manager
CONTRACTOR
In Presence Of:
By ________________________ ___
Title:
And. ____ ~~------------------Title:
DATE:
CITY COUNCIL AGENDA
May 23, 1995
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Community & Economic Award Contract for Marketcenter Streetscape
Development Improvements (Resolution) IV. H
Chris Enger
Requested Action:
It is recommended that the City Council adopt the Resolution awarding the contract for
Marketcenter streetscape improvements to Lakeland Nursery, Inc.
Backa=round:
In the early 1990s, the City Council adopted a plan of improvements within the Major Center Area Tax
Increment District. Among the projects identified was one which called for major streetscape
improvements throughout the area--primarily along Prairie Center Drive, Singletree Lane, and Technology
Drive. The City Council authorized the preparation of plans, specifications, and advertisements for bids
on April 18, 1995.
Plans have been developed by staff and the BRW Inc.lCluts, O'Brien Strother Architects team. Bids were
opened for the project on May 11, 1995. The apparent low responsible bidder for the improvement
contract was Lakeland Nursery, Inc. The consultant has checked references on the company and
determined that it is competent and reputable.
Financial Implications:
The contract to be awarded would total approximately $973,000. Funding for the improvements will
come from the Tax Increment Improvement Fund. The contract is within the planned expense for this
project.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. __ _
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C., Streetscape improvements as described in the "Eden Prairie Market Center"
construction documents.
bids were received, open end and tabulated according to law. Those bids received are shown on the
attached Summary of Bids; and
WHEREAS, the Community Development Director recommends award of Contract to
LAKELAND NURSERY, INC
WILLMAR,MN
as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOL VED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter into a Contract
with LAKELAND NURSERY, INC in the name of the City of Eden Prairie in the amount
of $972,827.00 in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on _________ _
ATTEST:
John D. Frane, City Clerk
15[. H. -t
Dr. Jean Harris, Mayor
SEAL
• •
• •
! 1 I • • • • • • •
Cluts
OBrien
6trother
May 17, 1995 AQCfIlTECf0
Eden Prairie City Council
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Suite 200
Eden Prairie, MN 55344
Dear Council Members,
On May 11, 1995 at the bid opening for the "Eden Prairie Marketcenter" construction project
Lakeland Nursery, Inc. was the apparent low bidder. We have contacted the architects on the
attached list of references. The scope of work which Lakeland has performed includes plantings,
concrete work, concrete paver installation, patio deck construction and fountain construction.
All the references contacted were pleased with the work Lakeland Nursery performed. The
company ofW.A. Lang provided the bid bond and assured us they will provide the performance
bond when needed.
We therefore recommend that you award the construction contract for the "Eden Prairie
Marketcenter" to Lakeland Nursery, Inc.
Respectfully,
CLUTS, O'BRIEN, STROTHER ARCHITECTS
Neil Heupel
7520 Market Place Drive • Eden Prairie • Minnesota 55344 • Phone: 612/941-4822
lJL. H. -2. • •
BID TABULATION -EDEN PRAIRIE MARKET CENTER
BID DATE & TIME: ll-MAY-95,2:00CDT
ARTEKA
I
HOFFMAN-LAKELAND
MACNAMARA
BASEBID 837,825.00 788,085.25 759,300.00
ALTERNATE # 1: PHASE 2 248,850.00 203,456.00 201,279.00
ALTERNATE # 2: IRRIGATION 19,100.00 26,100.00 12,248.00
TOTAL BASE BID & ALTERNATES 1,105,775.00 1,017,641.25 972,827.00
~
j: BIDBOND YES YES YES
CORRECT BID FORM YES YES YES I
<.N
COMPLETE BID FORM YES YES YES
SUBSTITUTIONS SUBMITTED YES YES YES
CLUTS, O'BRIEN, STROTHER ARCIllTECTS
MRY-18-1'3'35 13: 29 CLUTS, 0' BF: I EH , STROTHER 941 4951 P.02/02
'-·-l·-T-·i t··l····I~~
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-
Cluts
OBrien
<Slrother
AQCHITECT8
PROJECT BUDGET UPDATE -EDEN PRAIRIE ~1ARKETCENTER
PHASE I
LAKELAND BASE BID
17 SINGLE PEDESTRIAN LIGHTS
70 STREET LIGHTS WI LOGO SIGN
15 STREET LIGHTS WI LOGO SIGN & BANNERS
5 DOUBLE PEDESTRIAN LIGHTS
30 BANNERS
18-May~95
SUBTOTAL -PHASE 1:
7% CONTINGENCY
SUBTOTAL -PHASE .1 w/ CONTINGENCJ!':
PHASE 2
LAKELAND ALTERNATE BID
18 SINGLE PEDESTRIAN LIGHTS
28 STREET LIGHTS WI LOGO SIGN
7 STREET LIGHTS WI LOGO SIGN & BANNERS
3 DOUBLE PEDESTRIAN LIGHTS
14 BANNERS
121 STRE.ET LIGHTS WI FIBERGLASS POLES
SUBTOTAL -PHASE 2':
7% CONTINGENCY
3% INFLATION FOR 2 YEARS
SUBTOTAL -PHASE 2 wi CONTINGENCY& INFLATION:
RESTORATION CONTINGENCY FUND
N. tT. -4
UNIT PRICE AMOUNT
759,300
3,220 54,740
3,820 267,400
5,l20 76,800
4,000 20,000
9S 2,850 ----,--'--=--1,181,090
82,676
t,263,766
201.279
3,220 57,960
3,820 106,960
5,120 35,840
4,000 12,000
95 1,330
2,220 ___ 26.;....::8-'--.6_2..:......0
683,989
47,879
44,571
776,439
50,000
DATE: OS/23/95
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: I tI, I
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Village Knolls 3rd Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of Village
Knolls 3rd Addition subject to the following conditions:
• Receipt of engineering fee in the amount of $520
• Receipt of street lighting fee in the amount of $2,562
• Receipt of street sign fee in the amount of $239
• Satisfaction of bonding requirements for the installation of all public utilities and streets
Background:
This proposal consists of platting thirteen single family lots within the Village Knolls PUD
located east of Homeward Hills. This project completes the Gristmill street loop to Homeward
Hills. .
The preliminary plat was approved April 6, 1993. Second Reading of the Rezoning Ordinance
and execution of the Developer's Agreement was completed May 4, 1993.
JJ:ssa
cc: Beth Simonsted, Hustad Corporation
Hedland Engineering
..........
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
Village Knolls 3rd Addition
WHEREAS, the plat of Village Knolls 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 Village Knolls 3rd Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated May 17, 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 23, 1995.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
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DATE: 05123/95
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: /11. J.
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Edenvale 23rd Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of Edenvale
23rd Addition subject to the following conditions:
• Receipt of engineering fee in the amount of $250
Background:
This proposal is the site of the Sampson Office Studio reviewed by the City Council May 9,
1995. The plat consists of one lot for the office studio and one lot to be further subdivided at
a later date.
All utilities and streets necessary to serve this project are currently in place and available for
use.
The preliminary plat was approved by City Council May 9, 1995. Second Reading of the
Rezoning Ordinance and execution of the Developer's Agreement is scheduled for the City
Council meeting to be held May 23, 1995.
JJ:ssa
cc: R.M. Sampson, Inc.
II/.j, /
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
EDENV ALE 23RD ADDmON
WHEREAS, the plat of Edenvale 23rd 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 Edenvale 23rd Addition is approved upon compliance
with the recommendation of the City Engineer's report on this plat dated May 17,
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 23, 1995.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
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EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT:
Engineering Division
Rodney W. Rue
ITEM DESCRIPTION:
Traffic Control Signal Agreement with MnDOT
I.C. 93-5306
Recommended Action:
DATE: OS/23/95
ITEM NO: I II. /e...
Motion to approve resolution approving traffic control signal system agreement for a temporary
signal at the Prairie Center Drive and relocated Technology Drive intersection.
Overview:
MnDOT will be constructing this traffic signal system as part of the Technology Drive
reconstruction/relocation project. Construction plans for the Technology Drive project
(including this temporary signal system) were approved at the May 9, 1995 Council meeting.
Primary Issues:
The City's obligation is to provide electrical energy to the system as well as normal signal
maintenance. The exception being that MnDOT will be controlling and maintaining the traffic
signal system during the Trunk Highway 212/Prairie Center Drive interchange project. This is
necessary due to the fact that MnDOT will be using this portion of Technology Drive as a by-
pass for Trunk Highway 212 during the construction of the interchange. A permanent traffic
signal system will replace this temporary system when the Trunk Highway 212/Prairie Center
Drive interchange project is constructed.
Financial Issues:
The City of Eden Prairie will have no share of the construction costs for this temporary signal
system and will only be responsible for the power and maintenance costs.
We recommend approval of Traffic Control Signal Agreement No. 73486M.
RR:ssa
IV, k. )
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT FOR
TEMPORARY TRAFFIC SIGNAL AT PRAIRIE CENTER DRIVE AND
RELOCATED TECHNOLOGY DRIVE INTERSECTION.
I.C. NO. 93-5306
WHEREAS, the Minnesota Department of Transportation has prepared plans for the
reconstruction of Technology Drive from in-place Technology Drive (near Purgatory Creek) to
Prairie Center Drive, including a temporary traffic control signal system at the intersection of
Prairie Center Drive and the relocated Technology Drive, within the corporate boundaries of the
City of Eden Prairie;
WHEREAS, the Eden Prairie City Council has approved said plans including the temporary
signal system at said intersection;
WHEREAS, a traffic control signal system agreement has been prepared which identifies the
maintenance and financial obligations for the construction of said traffic signal system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that
said Traffic Control Signal Agreement No. 73486M for State Project No. 2762-14 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 23, 1995.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 73486M
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF EDEN PRAIRIE
TO
Provide Maintenance and Electrical Energy for the new Traffic
Control Signal with Street Lights and Emergency Vehicle
Pre-emption on Prairie Center Drive at Technology Drive in Eden
Prairie, Hennepin County, Minnesota.
S.P. 2762-14
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED
None None
Otherwise Covered
THIS AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State", and th~ City of Eden Prairie,
hereinafter referred to as the "City", WITNESSETH:
WHEREAS, Minnesota Statutes Section 161.20 (1994)
authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority
for the purposes of constructing, maintaining and improving the
Trunk Highway system; and
WHEREAS, the State has determined that there is
justification and it is in the public's best interest to install
a new traffic control signal with street lights and emergency
vehicle pre-emption on Prairie Center Drive at Technology Drive;
and
WHEREAS, the above mentioned traffic control signal is
necessary for traffic control when Technology Drive becomes a
bypass for Trunk Highway No. 212, due to construction in the
area; and
WHEREAS, the City requests and the State agrees to the
installation of an Emergency Vehicle Pre-emption System,
hereinafter referred to as the "EVP System", as a part of the new
traffic control signal installation on Prairie Center Drive at
Technology Drive and in accordance with the terms and conditions
hereinafter set forth; and
73486M
-1-
I V./t.. r
WHEREAS, it is considered in the public's best interest
for the State to provide nine (9) vehicle signal indications and
a new cabinet and control equipment to operate said traffic
control signal; and
WHEREAS, the City and State will participate in the
maintenance and operation of the new traffic control signal with
street lights and EVP System as hereinafter set forth;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The State shall prepare the necessary plan,
specifications and proposal which shall constitute "Preliminary
Engineering". The State shall also perform the construction
inspection required to complete the items of work hereinafter set
forth, which shall constitute "Engineering and Inspection".
2. The State with its own forces and equipment or by
contract shall install new traffic control signal with street
lights and EVP System on Prairie Center Drive at Technology Drive
in accordance with the plan and specifications for State Project
No. 2762-14. Estimated Construction Cost is $57,475.00 which
includes State furnished materials. State's share is
100 percent.
3. Upon removal of the traffic contyol signal
provided for herein, all salvageable items of said traffic
control signal shall become the property of the State.
4. The City shall provide an adequa~e electrical
power supply to the service pad or pole, and upon completion of
73486M
-2-
said traffic control signal with street lights installation shall
provide necessary electrical power for its operation at the cost
and expense of the City.
5. Upon completion of the work contemplated in
Paragraph 2 hereof, it shall be the City's responsibility, at its
cost and expense, to: (1) maintain the luminaires and all its
components, including replacement of the luminaire if necessary;
(2) relamp the traffic control signal and street lights; and
(3) clean and paint the traffic control signal and cabinet.
Before Technology Drive becomes a bypass for Trunk Highway
No. 212, it shall be the City's responsibility, at its cost and
expense, to perform all other traffic control signal and street
light maintenance. When Technology Drive becomes a bypass for
Trunk Highway No. 212, it shall be the State's responsibility, at
its cost and expense, to perform all other traffic control signal
and street light maintenance.
6. The EVP System provided for in Paragraph 2 hereof
shall be installed, operated, maintained or removed in accordance
with the following conditions and requirements:
a) All maintenance of the EVP System shall be
done by State forces.
b) Emitter units may be installed and used only
on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169~01,
Subdivision 5 and 169.03. The City will
73486M
-3-
IV-/C. 6
provide the State's Assistant Division
Engineer or his duly appointed representative
a list of all such vehicles with emitter
units.
c) Malfunction of the EVP System shall be
reported to the State immediately.
d) In the event said EVP System or components
are, in the opinion of the State, being
misused or the conditions set forth in
Paragraph b above are violated, and such
misuse or violation continues after receipt
by the City of written notice thereof from
the State, the State shall remove the EVP
System. Upon removal of the EVP System
pursuant to this Paragraph, the field wiring,
cabinet wiring, detector receiver, infrared
detector heads and indicator lamps and all
other components shall become the property of
the State.
e) All timing of said EVP System shall be
determined by the State through its
Commissioner of Transportation.
7. Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees of
the City and any and all claims that mayor might arise under the
73486M
-4-
/V·k.1
Worker's Compensation Act of this State on behalf of said
employees while so engaged, and any and all claims made by any
third party as a consequence of any act or omission on the part
of said employees while so engaged on any of the work
contemplated herein shall not be the obligation and
responsibility of the City. The State shall not be responsible
under the Worker's Compensation Act for any employees of the
City.
8. Before Technology Drive becomes a bypass for Trunk
Highway No. 212, timing of the traffic control signal provided
for herein shall be determined by the City. When Technology
Drive becomes a bypass for Trunk Highway No. 212, timing of the
traffic control signal provided for herein shall be determined by
the State, through its Commissioner of Transportation, and no
changes shall be made therein except with the approval of the
State.
73486M
-5-
Iv·t. f
· "
CITY OF EDEN PRAIRIE
APPROVED AS TO FORM:
By ____________________________ _
City Attorney Mayor
(City Seal)
By ____________________________ _
City Manager
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
Assistant Division Engineer
Operations Division
DEPARTMENT OF TRANSPORTATION
By
Assistant Commissioner
Dated
APPROVED AS TO FORM AND EXECUTION:
Assistant Attorney General
State of Minnesota
DEPARTMENT OF ADMINISTRATION
By __________________________ __
Dated
DEPARTMENT OF FINANCE
By
Dated ________________________ __
73486M
-6-
/ II-/c.. 9
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-23-95
SECTION: PUBLIC HEARINGS
ITEM NO. V. A.-I
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger BOSTON MARKET
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt an Ordinance for PUD District Review on .8 acres and Zoning District Amendment
within the C-Reg-Ser Zoning District on .8 acres;
• Approve a Resolution for PUD Concept Review on 14 acres;
• Approve a Resolution for Preliminary Plat of 7.1 acres into 2 lots.
Background:
The Planning Commission voted unanimously to approve the Boston Market project at the April 24,
1995 meeting based on the recommendations of the Staff Report dated April 21, 1995.
Supporting Reports:
1. Staff Report dated April 21, 1995
2. Planning Commission Unapproved Minutes of April 24, 1995
3. Resolution for Preliminary Plat
4. Resolution for PUD Concept
V. A. -I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
BOSTON MARKET
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF BOSTON MARKET
FOR NORTHSTAR RESTAURANTS
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 Boston
Market PUD Concept by Northstar Restaurants 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 23, 1995;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Boston Market, 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 12, 1995.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated April 24, 1995.
ADOPTED by the City Council of the City of Eden Prairie this 23rd day of May, 1995.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
BOSTON MARKET
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF BOSTON MARKET FOR NORTHSTAR RESTAURANTS
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Boston Market for Northstar Restaurants dated May 12, 1995,
consisting of 7.1 acres, a copy of which is on fJle 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 23rd day of May, 1995.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
V. A. -3
Exhibit A
Legal Description
Boston Market
Lot 2, Block 1, Eden Prairie 7th Addition, according to the recorded plat thereof, Hennepin
County, Minnesota.
V. A. -Y
IV.
A.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
April 24, 1995
PUBLIC HEARINGS
BOSTON MARKET by Northstar Restaurants. Request for PUD Concept
Review on 14 acres, Request for PUD District Review on 0.8 acres, Zoning
District Amendment within the C-Reg-Ser Zoning District on 0.8 acres, Site
Plan Review on 0.8 acres and Preliminary Plat of 7.1 acres in two lots.
Location: Tower Square Shopping Center south of McDonalds.
Vincent Driessen, representing Boston Market, reviewed his project with the
Planning Commission. He handed out photographs of the new Boston Market
prototype and referred the Planning Commission to the most recent restaurant
in St. Louis Park. He noted that they are matching the brick and the signage
1
V. A,-5
requirement of the PUD.
Pete Hilger, builder, reviewed the site plan. He noted that there are no
changes being made to the site circulation. He pointed out the location of
where the pylon sign will be situated.
The building is 100 % brick. They are proposing brick detailing that is
substantially similar to the existing Tower Square building. They are
introducing a red deglazed block that will go around the building, which will
pick up the signature red band that is part of the trademark for Boston Market.
They are proposing that the trademark canopy encircle the entire building.
The awning is internally illuminated to provide illumination at the sidewalk
level. They are proposing to use opaque awning material that would not
create an illuminated canopy. All they are proposing is the down lights of the
sidewalk level which is important for pedestrian safety, and it provides an
excellent level of illumination.
They are in concurrence with the recommendations of the Staff Report and
welcome any questions.
Clinton expressed concern about the drive-thru window regarding the amount
of time it takes after placing an order and receiving it; and what kind of stack
up of cars is anticipated. The timing at the drive-thru is about 2 112 to 3
minutes from the time the order is communicated from the menu board, to the
time the order is picked up. They are experiencing stacking in the order of 3,
4, or 5, and are comfortable at 6 or 7.
Ismail asked if there would be a counter for small beverage items. Driessen
replied that there is just a display on the inside that shows the different bottles.
They are not for sale.
Ismail asked about the cash equivalent contribution for storm water. Franzen
said that it's a dollar amount determined by the City Engineer based on the
value of the land area needed to construct the pond, plus the construction costs
for the pond. This money goes into the storm water utility fund which helps
build other ponds, and maintain existing ones.
Foote asked how many parking spaces will there be. Driessen replied that
there are 60 in the immediate lot, plus shared parking with Tower Square.
Wissner expressed concern if there will be two exits and entrances, unlike the
one in st. Louis Park. Hilger replied that the building in St. Louis Park was
2
v'A.-b
not the Boston Market prototype. The building was already existing. The
new building will have two exits and entrances.
Wissner expressed concern about Boston Market having trouble getting help,
and what their hours will be. Driessen replied that they will be open from
11:00 A.M. until 9:00 P.M Sunday through Wednesday, and Thursday
through Saturday until 10:00 P.M. He noted that unemployment is very low
in the upper Midwest, and they face that as a challenge more so than in other
parts of the country.
Schlampp asked if any of the Boston Markets serve alcoholic beverages.
Driessen replied that to his know ledge, they do not.
Clinton noted that he visited the St. Louis Park Boston Market and expressed
concern that it seats 65 people, but there is only 60 parking spaces and it's
very tight. He was also concerned about the feeling that someone is standing
over you waiting for your table while you are eating. Driessen replied that
they do not see this as a problem in the new store since it is larger than the St.
Louis Park location. He noted that in the restaurant industry there is a high
demand with slower service for the fIrst three to six weeks. After it calms
down, ··aREl these problems go away.
Ismail expressed concern about whether or not Eden Prairie needs another fast
food restaurant. Driessen replied that they would like to differentiate
themselves from fast food restaurants. There are no microwaves. All the
food is made fresh daily on site. A majority of the food is typical of
homemade. The quality of it is consistent with home kitchens.
Franzen noted that the Staff Report recommends approval.
MOTION 1: Wissner moved, seconded by Clinton, to close the public
hearing. Motion carried 6-0-0.
MOTION 2: Wissner moved, seconded by Clinton, to recommend to the City
Council approval of the request of Northstar Restaurants for PUD Concept
Review on 14 acres, Request for PUD District Review on 0.8 acres, Zoning
District Amendment within the C-Reg-Ser Zoning District on 0.8 acres, Site
Plan Review on 0.8 acres and Preliminary Plat of 7.1 acres in two lots based
on plans dated April 18, 1995, and subject to the recommendations of the Staff
Report dated April 21, 1995. Motion carried 6-0-0.
3
\I. A.-7
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
LOCATION:
REQUEST:
Planning Commission
Michael D. Franzen, City Planner
April 21, 1995
Boston Market
Vincent Driessen
Highway 169, South of McDonalds
1. PUD Concept Review on 14.00 acres.
2. PUD District Review on 0.8 acres.
3. Zoning District Amendment within the C-Reg-Ser Zoning
District on 0.8 acres.
4. Site Plan Review on 0.8 acres.
5. Preliminary Plat of 7.1 acres into two lots.
1
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Staff Report
Boston Market
April 21, 1995
BACKGROUND
This site was previously zoned Commercial Regional Service for a 60-seat, fast food, restaurant
in 1989 as part of the Eden Square Planned Unit Development. A copy of the approved Site
Plan is attached.
SITE PLAN
The site plan depicts the construction of a one-story, 2,941 sq. ft. restaurant on 34,931 sq. ft.
of land area at a base area ratio of .08. The Commercial Regional Service zoning district
permits up to a .20 base area ratio.
The building meets the required 35 foot front yard setback from Highway 169.
Parking required is based on a ratio of one parking space for every 3 seats. Since there are 60
seats in the restaurant, 20 parking spaces are required. The Site Plan depicts 42 parking spaces.
Access into this site is from a shared driveway with the shopping center. The northerly
driveway entrance will be used as a drive-thru lane. The drive-thru lane can stack-up to ten
cars. This is five spaces less than McDonald's, however, this restaurant is one-third the size
of McDonald's. Staff feels that adequate stacking distance is provided.
BUILDING ARCHITECTURE
The proposed one-story building will be constructed out of face brick and glass. The brick will
match the existing face brick on the other buildings in the area. The same brick detailing and
accent band will also be used. A red, black, and white canopy is proposed across the south and
west elevations. This is a new canopy color for the shopping center. Currently, there is a red
canopy at Pannekoeken and green canopies on the other buildings. Since 98 % of the building
is consistent with the brick and glass requirement of the shopping center, and the canopy area
is small, a different canopy color would not be inconsistent with the architectural compatibility
requirement of City code.
Mechanical equipment on the roof will be screened by a 3-foot high brick parapet wall.
GRADING AND DRAINAGE
This site has been previously graded. Minor grading is necessary to prepare the site for the
building pad.
V. A, -)0
Staff Report
Boston Market
April 21, 1995
The City requires pretreatment of storm water before leaving the site. Since most of the
shopping center was built prior to current NURP standards, and amount of impervious surface
is small, the staff would suggest a cash equivalent contribution to the storm water utility fund
be required.
UTILITIES
There are existing utilities immediately adjacent to the property, for sanitary sewer and water.
SIGNS
This site is permitted to have one 20' high, 80 sq. ft. pylon sign. The smallest rectangle drawn
around the Boston Market sign and drive-thm sign measures a total of 80 sq. ft. The sign is 20'
high. The sign meets the required 20' setback from Highway 169.
Wall signs are permitted on each exterior elevation of the building. The amount of sign allowed
per wall is 75 sq. ft. plus 5 % of the wall area in excess of 500 sq. ft. The total amount of sign
area allowed on the walls is 377 sq. ft.
City staff considers lettering, logos, and lighted canopies to be signs. There will be a light
under the canopy, however, the interior of the canopy will be opaque and the canopy itself will
not be lit. The lights under the canopy are used for visibility of the sidewalk. The total amount
of proposed sign area as determined by City staff is 151 sq. ft.
LIGHTING
Lighting standards must be consistent with the remainder of the shopping center for a 30' ft.
height, downcast, cut-off luminar with mercury vapor fIxture.
TRASH ENCLOSURE
The amount of trash area necessary for a building of this size is 288 sq. ft. The trash enclosure
is 288 sq. ft. The trash enclosure will be constructed of face brick, with a wood gate.
PRELIMINARY PLAT
The preliminary plat depicts the subdivision of 7.1 acres into two lots. The minimum lot size
in the Commercial Regional Service Zoning District is 10,000 sq. ft. Both of these lots meet
this requirement.
\l·A.-II
Staff Report
Boston Market
April 21, 1995
LANDSCAPING
The amount of landscaping required for this project is based upon a caliper inch according to
building square footage, and screening of parking and loading areas. The landscape plan meets
City requirements.
STAFF RECOMMENDATIONS
The Community Development Staff would recommend approval of the project based upon plans
dated April 18, 1995 and subject to the recommendations of the Staff Report dated April 21,
1995 and subject to the following conditions:
1. Prior to final plat approval, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review
by the City Engineer.
B. Submit detailed storm water runoff, utility and erosion control plans for review
by the Watershed District.
2. Prior to building permit issuance, the proponent shall:
A. Submit a final landscape plan and security to cover the cost of the landscaping for
review and approval by the City.
B. Submit final plans for review and approval by the Fire Marshal.
C. Submit samples of exterior materials and colors for review and approval by the
City.
v. A. -J2.
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C-. -=------
~~ DATE:
CITY COUNCIL AGENDA .. git MAY 23, .1995
SECTION:
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
FINANCE VEPT PAYMENT OF CLAIMS VI
CHECKS'NUMBER 30834 THRU 31222
Action/Direction:
MAY 23, 1995 VI
30834 NORWEST BANKS MINNESOTA N A PAYROLL 04-28-95. 88319.82
30835 WEST SUBURBAN COLUMBUS PAYROLL 04-28-95. 900.00
30836 PET FOOD WAREHOUSE EARTH ANCHORS TO TIE DOWN ALL LARGE 111.45
SOCCER GOALS-PARK MAINTENANCE.
30837 DELOITTE & TOUCHE LLP FINAL BILLING FOR DECEMBER 94 ACTUARIAL 2525.00
STUDY & CONSULTING-FIRE DEPT.
30838 ARTWORKS 4 METAL TELESCOPING EASELS-FACILITIES 127.59
DEPT.
30839 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 208.00
30840 YOUNG AUDIENCES OF MINNESOTA ENTERTAINMENT-HISTORICAL & CULTURAL 205.00
COMMISSION.
30841 PETTY CASH EXPENSES-HUMAN RESOURCES DEPT/FINANCE 75.96
DEPT/ENGINEERING DEPT/SPECIAL TRIPS &
EVENTS PROGRAM/SENIOR CENTER/WATER DEPT.
30842 U S WEST COMMUNICATIONS SERVICE. 7550.10
30843 BARB ANDERSON REFYBD-SWIMMING LESSONS. 6.00
30844 ELAINE GORDON REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00
30845 MICHELLE HECKER REFUND-IN-LINE SKATING LESSONS. 75.00
30846 KIM HELGEN REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00
30847 CAROLYN HUDSPETH REFUND-SWIMMING LESSONS. 24.00
30848 LORI JUELICH REFUND-YOUTH ROLLER HOCKEY LESSONS. 10.00
30849 NANCY LUKENS REFUND-SKATING LESSONS. 26.00
30850 DIANA PAVEK REFUND-IN-LINE SKATING LESSONS. 30.00
30851 RUTH PEDERSEN REFUND-CPR LESSONS/STANDARD FIRST AID 124.32
LESSONS/LIFEGUARD TRAINING.
30852 MICHAEL RUTZ REFUND-ROLLER HOCKEY LEAGUE. 26.00
30853 PAUL SEELING REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00
30854 ANN STEIN REFUND-LINE DANCING LESSONS. 20.00
30855 DEBORAH SWEENEY REFUND-NATIVE WILDFLOWERS CLASS-OUTDOOR 5.00
CENTER PROGRAM.
30856 MARGIE THOMA REFUND-SKATING LESSONS. 42.00
30857 SHARI TRITCH REFUND-SKATING LESSONS. 26.00
30858 MINNESOTA STEAK HOUSE GIFT CERT!FICATES-VOLUNTEER APPRECIATION 120.00
DINNER-POLICE DEPT.
30859 APPLEBEES GRILL & BAR GIFT CERTIFICATES-VOLUNTEER APPRECIATION 120.00
DINNER-POLICE DEPT.
30860 OOOLITTLES GIFT CERTIFICATES-VOLUNTEER APPRECIATION 120.00
DINNER-POLICE DEPT.
30861 HENNEPIN COUNTY TREASURER FIRST HALF 1995 PROPERTY TAX-CITY CENTER/ 104369.56
EDEN VALLEY PARK/CUB FOODS AREA/DOUGLAS-
MORE HOUSE/STARING LK PARK/BLUFFS-RILEY
CREEK CONSERVATION AREAS.
30862 SEMINARS INTERNATIONAL CONFERENCE-FINANCE DEPT. 99.00
30863 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION-FLEET SERVICES. 10.50
30864 ISUZU DIESEL-MIDWEST PATCHMAN REPAIR PARTS-FLEET SERVICES. 223.39
30865 CARVER COUNTY COURTHOUSE PAYROLL 04-28-95. 49.37
30866 CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 04-28-95. 276.93
30867 FEDERAL RESERVE BANK PAYROLL 04-28-95 SAVINGS BONDS. 400.00
30868 GREAT-WEST LIFE & ANNUITY PAYROLL 04-28-95. 8138.50
30869 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 04-28-95. 240.46
21471295
MAY 23, 1995 1.
MAY 23, 1995 VI
30870 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 04-28-95. 268.20
30871 leMA RETIREMENT TRUST-457 PAYROLL 04-28-95. 3927.42
30872 MN DEPT OF REVENUE PAYROLL 04-28-95. 227.42
30873 MINNESOTA MUTUAL LIFE PAYROLL 04-28-95. 1086.50
30874 MN STATE RETIREMENT SYSTEM PAYROLL 04-28-95. 267.00
30875 MN TEAMSTERS CREDIT UNION PAYROLL 04-28-95. 25.00
30876 F.XECUTIVE DIRECTOR-PERA PAYROLL 04-28-95. 41848.27
30877 VOIV OUT CHECK 0.00
30878 EXECUTIVE DIRECTOR-PERA PAYROLL 04-28-95. 17.50
30879 EXECUTIVE DIRECTOR-PERA PAYROLL 04-28-95. 2062.23
30880 UNITED WAY PAYROLL 04-28-95. 157.75
30881 MINNEGASCO SERVICE. 13872.47
30882 NORTHERN STATES POWER COMPANY SERVICE. 41857.74
30883 BELLBOY CORPORATION BEER. 57.50
30884 DAY DISTRIBUTING COMPANY BEER. 8697.35
30885 EAST SIDE BEVERAGE CO BEER. 17281. 95
30886 GRIGGS COOPER & CO INC BEER. 44.99
30887 MARK VII DISTRIBUTING COMPANY BEER. 10516.24
30888 MIDWEST COCA COLA BOTTLING CO MIX. 493.05
30889 PEPSI-COLA COMPANY MIX. 606.80
30890 THORPE DISTRIBUTING COMPANY BEER. 20134.15
30891 LESCO ROADSIDE SPRAYING MATERIALS-STREET 382.60
MAINTENANCE.
30892 MEMA MEETING EXPENSES-CIVIL DEFENSE DEPT. 15.00
30893 PERF PUBLICATIONS PUBLICATIONS-POLICE DEPT. 64.00
30894 COMFORT SUITE OF CANAL PARK SCHOOL LODGING-POLICE DEPT. 209.25
30895 HOLIDAY INN SCHOOL LODGING-POLICE DEPT. 224.44
30896 HENNEPIN COUNTY TREASURER NOTARY PUBLIC COMMISSION SIGNATURE FILING 25.00
FEE-POLICE DEPT.
30897 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL. 351.03
30898 AT&T SERVICE. 26.50
30899 U S WEST COMMUNICATIONS SERVICE. 2541.02
30900 PRACTITIONERS PUBLISHING CO PUBLICATIONS-FINANCE DEPT. 480.00
30901 GOVT FINANCE OFFICERS ASSN VIDEO & PUBLICATION-FINANCE DEPT. 65.00
30902 SPORTIME ABILITATIONS LEG STRAPS-ADAPTIVE RECREATION PROGRAM. 51.64
30903 U S GAMES MAYPOLE TOP-OKTOBERFEST EVENT/MESH DUFFLE 135.19
BAGS-ADAPTIVE RECREATION PROGRAM.
30904 J & B FOAM FABRICATORS INC WATER LOG/HAND BARS-HISTORICAL & CULTURAL 148.00
COMMISSION.
30905 PADGETT-THOMPSON CONFERENCE-HUMAN RESOURCES DEPT. 145.00
30906 GENUINE PARTS COMPANY CABLES/DISC SETS/CLAMPS/FILTERS/NUTS & 4447.72
BOLTS/SPARK PLUGS/FLASHERS/GLOVES/SOCKETS/
PCV VALVES/MANIFOLDS/V-BELTS/ROTORS/
BEARINGS/SEALS/MIRRORS/SWITCHES/BULBS/
HOSES/FLOOR MATS/FITTINGS/FUEL PUMPS/
COOLANT/FUSES/WATER PUMPS/PARTS WASHER-
$1276-FLEET SERVICES/PARK MAINTENANCE/
WATER DEPT.
30907 MARYLS BAGAASON REFUND-SWIMMING LESSONS. 24.00
30908 BARBARA HOVELAND REFUND-SKATING LESSONS. 32.00
17281692
MAY 23, 1995 2.
MAY 23, 1995
30909 BETH PElON
30910 MARCI PFAFF
30911 DENA RIDDLE
30912 MALYN WROBEL
30913 BUDGET PLUMBING CORP
30914 CLARK BOARDMAN CALLAGHAN
30915 DYNA SYSTEMS
30916 D C HEY COMPANY
30917 METRO SALES INC
30918 WM MUELLER & SONS INC
30919 KATHLEEN SCHWANKL
30920 SUBURBAN CHEVROLET
30921 UNITED LABORATORIES INC
30922 VESSCO INC
30923 WATERPRO
30924 YALE INC
30925
30926
30927
30928
30929
30930
30931
30932
30933
30934
30935
30936
30937
30938
VOW OUT CHECK
BELLBOY CORPORATION
EAGLE WINE CO
GRIGGS COOPER & CO INC
JOHNSON BROTHERS LIQUOR CO
LEHMANN FARMS
PAUSTIS & SONS CO
PHILLIPS WINE & SPIRITS
PRIOR WINE CO
RAFIKI & ASSOC
QUALITY WINE & SPIRITS CO
THE WINE COMPANY
WORLD CLASS WINES INC
KRAEMERS HOME CENTER
18102148
MAY 23, 1995
REFUND-SWIMMING LESSONS.
REFUND-TENNIS LESSONS.
REFUND-ROLLER HOCKEY LEAGUE.
REFUND-TENNIS LESSONS.
VI
INSTALLED & REPLACED METERS-WATER DEPT.
PUBLICATION-UTILITIES DIVISION.
NUTS & BOLTS/SCREWS/STRAPS/CINCHES/CABLE
TIES/MOUNTING TAPE/AEROSOL-WATER DEPT/40-
47204.
COPIER MAINTENANCE AGREEMENT-FIRE STATION.
ANTI-STATIC CLEANER/TONER/COPIER
MAINTENANCE AGREEMENTS-CITY HALL/POLICE
DEPT.
SAND/GRAVEL-STREET MAINTENANCE/WATER DEPT.
SCHOOL-FINANCE DEPT.
IGNITION KEYS/BELT KIT-FLEET SERVICES.
CLEANING SUPPLIES-WATER DEPT.
SHAFT-WATER DEPT.
METER ADAPTERS/FLANGE KITS/CONDUIT WIRE/
OIL HOLE SCREWS/RUBBER GASKETS/3/4 IN
1000 GAL METERS/TOUCH PAD UPGRADES/5/8X3/
4 IN 1000 GAL METERS/BOTTOM LINERS/MXU
TRANCEIVERS BRACKETS/COMPRESSION CHAMBERS/
REGISTERS/SPLICE CONNECTORS/MEASURE
CHAMBERS/HYDRANT SIGNS-WATER DEPT.
ADDED CLOSED LOOP WATER TREATMENT TO HOT
WATER BOILER/FLUSHES PUMP/CHECKED
PRESSURES/HIGH PRESSURED WASHED HEATER
COILS & FAN BLADES-WATER DEPT.
LIQUOR.
LIQUOR.
LIQUOR.
LIQUOR & WINE.
SUPPLIES-LIQUOR STORE I.
WINE.
LIQUOR & WINE.
WINE.
WINE.
LIQUOR & WINE.
WINE.
WINE/4955.
TOOL CARRIER/NOllLE/HOOKS/NUTS & BOLTS/
SCREWS/PIPE ELBOWS/KEYS/KEY RINGS/CABLE
CLAMPS/WIRE/SPRAYER/TRASH BAGS/LOCK/LIGHT
BULBS/STRIPPER/SEALER/FITTINGS/REDUCER/
STUDS/COUPLERS/SILICONE/MOPE/HANDLE/SPARK
PLUGS/INSECT SPRAY/LUBRICANT/BATTERIES/
TAPE/DRILL BITS-FACILITIES DEPT/STREET
MAINTENANCE/FIRE DEPT/PARK MAINTENANCE/
UTILITIES DIVISION.
3.
15.00
24.00
23.00
30.00
1076.73
142.44
1127.21
47.25
3062.73
2814.71
26.00
154.89
205.78
343.24
19436.03
2427.52
0.00
2293.14
3723.80
31733.68
42534.47
76.40
1724.06
38559.90
10729.16
158.00
16038.47
1340.00
768.03
385.84
MAY 23, 1995 VI
30939 MERLINS ACE HARDWARE DRILL BITS/POWER STRIP/BROOM/OFFICE 499.14
SUPPLIES/PAINT THINNER/PAINT ROLLER/CORD/
GLUE/TAPE/FASTENERS/BOW RAKES/PUSH BRooMS/
MOTOR OIL/BATTERIES/WALL CLOCK/HOSE
COUPLERS/CABLE TIES/MATCHES/FAUCET HANDLE/
CONNECTORS/PAINT/PAINT BRUSHES/JOINTKNIFE/
CASTER PLATES/RAINSUIT/PLASTIC SHEETING-
STREET MAINTENANCE/PARK MAINTENANCE/
COMMUNITY CENTER.
30940 VOW OUT CHECK . 0.00
30941 FIELD ASSOCIATES LTD PUBLICATION-POLICE DEPT. 29.95
30942 SCOTT COUNTY RECORDER NOTARY PUBLIC COMMISSION SIGNATURE FILING 50.00
FEES-POLICE DEPT.
30943 CHRIS MILLARD SCHOOL ADVANCE-POLICE DEPT. 100.00
30944 LEAGUE OF MINNESOTA CITIES CONFERENCE-CITY COUNCIL. 255.00
30945 VOW OUT CHECK 0.00
30946 DEAN HOLASEK REFUND-UNUSED PORTION OF DEVELOPERS 411.08
AGREEMENT DEPOSIT.
30947 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT. 34.11
30948 MCI TELECOMMUNICATIONS SERVICE. 277 .25
30949 NORTHERN STATES POWER CO SERVICE. 16952.42
30950 U S WEST CELLULAR INC SERVICE. 862.77
30951 PAUL ARMITAGE REFUND-SWIMMING LESSONS. 24.00
30952 JANIS CAMERON REFUND-SKATING LESSONS. 8.00
30953 PAMELA PETERSON REFUND-SWIMMING LESSONS. 21.00
30954 KATHERINE PINDER REFUND-STANDARD FIRST AID CLASS. 9.00
30955 LOUISE SCHURLE REFUND-SKATING LESSONS. 42.00
30956 PEGGY WELCH REFUND-SWIMMING LESSONS. 21.00
30957 MARIA WILLIAMS REFUND-SWIMMING LESSONS. 12.00
30958 STATE TREASURER/STATE OF MINNESOT WASTEWATER TREATMENT FACILITY OPERATOR 15.00
CERTIFICATE RENEWAL-SEWER DEPT.
30959 MINNESOTA DEPT OF HEALTH WATER SYSTEM OPERATOR CERTIFICATE RENEWAL-15.00
WATER DEPT.
30960 U S POSTMASTER BUSINESS REPLY MAIL PERMIT FEE-WATER DEPT. 290.00
30961 USPCA REGION 12 K-9 REGION 12 TRIALS-POLICE DEPT. 100.00
30962 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/POLICE DEPT/ 1446.41
CIVIL DEFENSE DEPT.
30963 BUSINESS HEALTH SERVICES CONFERENCE-PARK MAINTENANCE/STREET 36.00
MAINTENANCE.
30964 DENNI LESTER REFUND-IN-LINE SKATING LESSONS. 37.50
30965 SUSAN OSENOORF REFUND-GOLF LESSONS. 14.32
30966 JAMES PAGE REFUND-SUMMER TENNIS LEAGUE. 22.00
30967 LOUISE SCHURLE REFUND-SUMMER AFTERNOON PLAYGROUND 30.00
PROGRAM.
30968 MARLENE VOLENEC REFUND-SKATING LESSONS. 84.00
30969 DAVE PERKINS CONTRACTING INC SERVICE-BERGER DRIVE & LAKESHORE DR 14765.05
IMPROVEMENTS.
30970 A TO Z RENTAL CENTER COSTUME RENTAL-SOCIAL PROGRAMS. 51.53
30971 ACCIDENT RECONSTRUCTION JOURNAL SUBSCRIPTION-POLICE DEPT. 96.00
30972 ACCOUNTEMPS SERVICE-FINANCE DEPT. 1120.00
3773153
MAY 23, 1995 4.
MAY 23, 1995 VI
30973 AEC ENGINEERING SERVICE-FIELD INSPECTION OF HYDROPILLAR. 504.00
30974 ALTERNATIVE BUSINESS FURNITURE IN KEYBOARD TRAY-POLICE DEPT. 79.88
30975 AMERICAN MANAGEMENT ASSN TRAINING MATERIAL-UTILITIES DIVISION. 471.28
30976 AMERICAN PLANNING ASSN DUES-PLANNING BOARD MEMBERS. 420.00
30977 AMERICAN RED CROSS LIFEGUARD TRAINING LESSONS-POOL LESSONS. 100.00
30978 AMERICAN SOCIETY OF LI-W DUES-POLICE DEPT. 40.00
30979 AMERICAN WATER WORKS ASSOC PUBLICATIONS~ATER DEPT. 169.00
30980 EARL F ANDERSEN & ASSOC INC MINUTE MAN BRACKETS/SHREDDED WOOD BASE 6566.94
FOR PIONEER PARK PLAYGROUND EQUIPMENT/
INSTALLATION OF PLAYGROUND EQUIPMENT/
POLYPLATE-PARK MAINTENANCE/WATER DEPT.
30981 KEN ANDERSEN TRUCKING SERVICE-DISPOSAL OF WILDLIFE-ANIMAL 133.14
CONTROL DEPT.
30982 CURTIS ANDERSON PROPS FOR ICE SHOW-COMMUNITY CENTER. 419.43
30983 ANDERSONS GARDEN EXPENSES-FIRE DEPT. 26.90
30984 ASPEN CARPET CLEANING CARPET CLEANING-COMMUNITY CENTER. 475.00
30985 ASPEN EQUIPMENT COMPANY NOZZLES-FLEET SERVICES. 43.72
30986 ASSN OF METROPOLITAN MUNICIPALITI 1994 STANTON SALARY SURVEY~ATER DEPT. 75.00
30987 APCO-MN CHAPTER DUES-POLICE DEPT. 26.00
30988 ASTLEFORD INTL INC HEATER CORE-FLEET SERVICES. 95.60
30989 B & STOOLS DRILL CHUCK/HARNESS TESTER/SCREWDRIVERS/ 77 .22
WRENCH-FLEET SERVICES/WATER DEPT.
30990 BACONS ELECTRIC CO LIGHTING RETROFIT~ATER TREATMENT PLANT. 5955.00
30991 BARKER HAMMER ASSOC INC CLEANING SUPPLIES-FACILITIES DEPT. 291.38
30992 BAUER BUILT INC BATTERIES/TIRES-FLEET SERVICES. 733.49
30993 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 738.33
30994 MIKE BEST SERICE-BOARD OF REVIEW-ASSESSING DEPT. 150.00
30995 BETH BEUTELL POLAROID FILM-HISTORICAL & CULTURAL 30.95
COMMISSION.
30996 BIG BOBS REPAIR SHOP & SONS INC JOINT FILLER/CARDBOARD COMPACTOR REPAIR-516.70
FACILITIES DEPT.
30997 DAVID BLACK MILEAGE-COMMUNITY CENTER. 29.40
30998 BLACK & VEATCH SERVICE~ATER TREATMENT PLANT EXPANSION. 1700.79
30999 BROADWAY AWARDS TROPHIES-SPECIAL TRIPS & EVENTS PROGRAM. 391. 92
31000 BROWN TRAFFIC PRODUCTS INC TRAFFIC SIGNAL LIGHT LENSES-STREET DEPT. 348.63
31001 BUMPER TO BUMPER ELECTRIC FUEL PUMP/BRAKE PADS & SHOES-135.80
FLEET SERVICES.
31002 BUREAU OF CRIMINAL APPREHENSION SCHOOL-POLICE DEPT. 200.00
31003 BUSINESSWEEK SUBSCRIPTION-FINANCE DEPT. 25.95
31004 CAPITOL COMMUNICATIONS MAY 95 MAINTENANCE AGREEMENT-POLICE DEPT. 2124.10
31005 CARLSON REFRIGERATION CO INC BOF GRAVITY FLOW SHELF-LIQUOR STORE I. 463.94
31006 CARLSON TRACTOR & EQUIPMENT CO ROLLER-FLEET SERVICES. 781.71
31007 CENTRAIRE INC REPLACED BURNER IGNITOR CABLE/PILOT TUBE 322.90
& GAS VALVE-PUBLIC WORKS BLDG.
31008 CHICAGO TITLE REFUND-OVERPAYMENT OF SPECIAL ASSESSMENTS. 903.73
31009 CHICAGO TITLE INSURANCE COMPANY SERVICE-TITLE SEARCHES & INSURANCE-CUB 1977.50
FOODS AREA.
31010 CLEAN SWEEP INC SERVICE-1995 STREET SWEEPING. 21513.05
31011 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-DESIGN FOR MAIN STREET 12683.74
IMPROVEMENTS.
6174212
MAY 23, 1995 5.
MAY 23, 1995 VI
31012 CONNEY SAFETY PRODUCTS LEATHER HOLSTER/VAPOR CARTRIDGES/CLEANING 340.10
SUPPLIES~ATER DEPT.
31013 COpy EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT. 178.48
31014 COTY CONSTRUCTION REFUND-BUILDING PERMIT FEE. 65.00
31015 CRESCENT ELECTRIC SUPPLY CO STREET LIGHT POLE-STREET DEPT. 1184.81
31016 CROWN MARKING INC DESK SIGN/ENGRAVED DESK SIGN INSERTS-CITY 50.93
HALL.
31017 CROWN PLASTICS INC PLASTIC SHEETS-FLYING CLOUD ATHLETIC 141.04
FIELDS.
31018 CUB FOODS EXPENSES-POLICE DEPT. 31.40
31019 CUB FOODS EXPENSES-FIRE DEPT. 169.72
31020 CURTIN MATHESON SCIENTIFIC INC LAB SUPPLIES~ATER TREATMENT PLANT. 226.60
31021 CUTLER MAGNER COMPANY QUICKLIME-WATER TREATMENT PLANT. 3319.76
31022 DALCO PRESSURE REGULATOR-PARK MAINTENANCE/ 310.74
CLEANING SUPPLIES~ATER DEPT.
31023 B DALTON BOOKSELLER PUBLICATIONS-HUMAN RESOURCES DEPT. 79.64
31024 STEPHEN J DAVIS LEGAL COSTS FOR CHESTNUT DR DEDICATION & 162.90
STORM SEWER EASEMENT.
31025 DELEGARD TOOL CO BALL & TIE ROD SEPARATORS-FLEET SERVICES. 114.11
31026 DIRECT SAFETY CO HAND CLEANER/WIPES/HYGIENE KIT/EAR MUFFS-348.01
WATER DEPT.
31027 BEV DRAVES SERVICE-OUTDOOR CENTER ATTENDANT/FEES 83.68
PAID/MILEAGE-COMMUNITY CENTER.
31028 DRISKILLS NEWMARKET EXPENSES~ATER DEPT/SPECIAL TRIPS & 133.20
EVENTS PROGRAM/SOCIAL PROGRAM/SENIOR
CENTER.
31029 DRISKILLS NEWMARKET EXPENSES-FIRE DEPT. 66.77
31030 DRISKILLS NEWMARKET EXPENSES-POLICE DEPT. 9.74
31031 DRISKILLS NEWMARKET CONCESSION STAND SUPPLIES-COMMUNITY 229.95
CENTER.
31032 DYNA SYSTEMS NUTS & BOLTS-WATER DEPT. 68.14
31033 EDEN PRAIRIE FLORIST EXPENSES-CITY HALL. 95.20
31034 EDEN PRAIRIE OPTIMIST CLUB EXPENSES FOR RUNNING SOFTBALL TOURNAMENT/ 200.00
FEES PAID.
31035 EDEN PRAIRIE SCHOOL DIST 272 BUS SERVICE-SPECIAL TRIPS & EVENTS 2837.90
PROGRAM/1ST QTR 95 HUMAN RIGHTS &
SERVICES COMMM GRANT-$2500-COMMUNITY
SERVICES DEPT/ROOM RENTAL-SPRING SKILL
DEVELOPMENT PROGRAM.
31036 CITY OF EDINA GUN RANGE RENTAL-POLICE DEPT. 1545.00
31037 CITY OF EDINA APRIL 95 WATER TESTS~ATER DEPT. 265.00
31038 EDINA S W PLUMBING VALVES/PLUGS/COPPER TUBING/SUCTION CAP-191.45
FACILITIES DEPT.
31039 ELVIN SAFETY SUPPLY INC RAIN HOODS~ATER DEPT. 18.30
31040 EMERGENCY APPARATUS MAINTENANCE I TESTED & SERVICED PUMPER TRUCKS-FIRE 844.60
STATIONS.
31041 EMERGENCY EQUIPMENT SYSTEMS FRONT MIRROR COVER LIGHTS-FLEET SERVICES. 255.18
31042 EPISCOPAL COMMUNITY SERVICES FIRST QTR 95 SERVICE-COMMUNITY SERVICES 5933.00
DEPT.
31043 WAYNE ESTENSON CONFERENCE & PARKING EXPENSES-SAFETY DEPT. 31.50
1953185
MAY 23, 1995 6.
MAY 23, 1995 VI
31044 EXECUTIVE PROGRAM PUBLICATION-FORESTRY DEPT. 13.94
31045 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 29.77
31046 FEED RITE CONTROLS INC FERRIC SULFATE-WATER TREATMENT PLANT. 498.00
31047 FIBROCOM SERVICE-911 CENTER CONNECTION BtnWEEN 797.98
CITY HALL & TRANSMITTER SITE-POLICE DEPT.
31048 FIDELITY PRODUCTS CO WIRE FILE RACK-PARK PLANNING DEPT. 79.82
31049 FINLEY BROS ENTERPRISES VINYL TIES/DOME TOPS-PARK MAINTENANCE. 174.00
31050 G & K SERVICES UNIFORMS/MATS/MOPS & MOP HEADS-STREET 919.08
MAINTENANCE/PARK MAINTENANCE/UTILITIES
DIVISION.
31051 GARDNER HARDWARE CO CYLINDER KEY-COMMUNITY CENTER. 22.83
31052 GASBOY INTL INC MAINTENANCE AGREEMENT-FLEET SERVICES. 250.00
31053 GE CAPITAL MODULAR SPACE TRAILER RENTAL-PRAIRIE VIEW PARK. 55.00
31054 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-UTILITIES DIVISION. 573.11
31055 GLENWOOD INGLEWOOD SPRING WATER-LIQUOR STORE II. 14.96
31056 W W GOETSCH ASSOC INC SLEEVES/BRACKET-WATER DEPT. 2211 .36
31057 GRAFIX SHOPPE DECALS FOR SQUAD CARS-FLEET SERVICES. 1412.80
31058 W W GRAINGER INC RAIN JACKETS & OVERALLS/SHAFT COLLARS/ 395.13
CLEANING SUPPLIES/GLOVES/FOAM ADHESIVE/
CHEMICAL GOGGLES-FLEET SERVICES/WATER
DEPT.
31059 THE DALE GREEN CO BLACK DIRT-STREET MAINTENANCE. 115.02
31060 HANSEN THORP PEL LINEN OLSON INC SERVICE-COLUMBINE/MEDCOM EXTENSIONS. 216.35
31061 HEAVENLY HAM EXPENSES-FIRE DEPT. 27.50
31062 HENNEPIN COUNTY SHERIFF MARCH 95 BOOKING FEE-POLICE DEPT. 580.15
31063 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABELS-COMMUNITY 35.00
DEVELOPMENT DEPT.
31064 HENNEPIN COUNTY TREASURER MARCH 95 BOARD OF PRISONERS-POLICE DEPT. 3773.69
31065 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT. 121.00
31066 HENNEPIN COUNTY TREASURER CITYS SHARE OF CONSTRUCTION COSTS FOR 63379.92
CSAH 152.
31067 D C HEY COMPANY INC TONER~ATER DEPT. 93.01
31068 HIRSHFIELDS PAINT MFG FIELD MARKING PAINT-PARK MAINTENANCE. 388.73
31069 HONEYWELL INC MAY 95 INDUSTRIAL MAINTENANCE AGREEMENT-1998.00
WATER TREATMENT PLANT.
31070 HORIZON GRAPHICS INC MAY/JUNE 95 COMMUNITY NEWSLETTER-3632.24
COMMUNITY SERVICES DEPT.
31071 HOSP-SUPPLY/SCIENTIFC PROD LAB SUPPLIES~ATER TREATMENT PLANT. 34.82
31072 INTERSTATE BEARING HAND CLEANER/PIPE JOINTS/SILICONE~ATER 179.51
DEPT.
31073 HRFOCUS SUBSCRIPTION-HUMAN RESOURCES DEPT. 75.00
31074 J & R RADIATOR CORP REPAIRED DAMAGED RADIATOR TUBES-FLEET 68.00
SERVICES.
31075 CRAIG JERDE SERVICE-OUTDOOR CENTER ATTENDANT/FEES 50.00
PAID.
31076 BRENDA JERDE SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 119.00
31077 E F JOHNSON CO RADIO MOUNT-FLEET SERVICES. 202.46
31078 GARY JOHNSON SERVICE-BOARD OF REVIEW-ASSESSING DEPT. 150.00
31079 KANDIYOHI BOTTLED WATER CO SPRING WATER-LIQUOR STORE III. 13.58
31080 J J KELLER & ASSOC INC ALCOHOL & DRUG FORMS-SAFETY DEPT/. 57.31
8275807
MAY 23, 1995 7.
MAY 23, 1995 VI
31081 ADOLPH KIEFER FIRST AID SUPPLIES-RILEY LAKE BEACH. 350.45
31082 KOCH SULFUR PRODUCTS CARBON DIOXIDE~ATER TREATMENT PLANT. 619.75
31083 RON KRUEGER SURVEYORS SERVICE-DRAFT EASEMENTS FOR CHESTNUT 165.00
APARTMENTS DEDICATION OF CHESTNUT DR &
GRANTING OF STREET SEWER EASEMENT.
31084 TERRY KUCERA MEETING EXPENSES/MILEAGE/OFFICE SUPPLIES-42.34
HUMAN RESOURCES DEPT.
31085 JILL KUYAVA SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 102.00
31086 LAB SAFETY SUPPLY FLOOR STANDS CAUTION SIGNS/LATEX GLOVES-246.43
WATER DEPT.
31087 LABOR RELATIONS SUBSCRIPTION-FIRE DEPT. 125.00
31088 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 1394.54
31089 LAKELAND FORD TRUCK SALES INC TURN SIGNAL SWITCH/SEAT/AXLE PARTS/VALVE 794.23
ASSEMBLY-FLEET SERVICES.
31090 LAKESIDE FUSEE CORP FUSEES-POLICE DEPT. 67.89
31091 LANG PAULY & GREGERSON LTD APRIL 95 PROSECUTION SERVICE-$8377-POLICE 16289.80
DEPT/MARCH 95 LEGAL SERVICE-$7912-PHILIP
HILL CONDEMNATION.
31092 LANO EQUIPMENT INC STUDS/SPRINGS/BOLTS/WASHERS/RETAINERS/ 103.18
BUSHINGS-FLEET SERVICES.
31093 LEHMANN FARMS SUPPLIES-LIQUOR STORE III. 70.00
31094 LEE ANN LEBLANC SCHOOL EXPENSES-POLICE DEPT. 23.52
31095 LECY CONSTRUCTION REFUND-BUILDING PERMIT FEE. 122.00
31096 LOES OIL COMPANY CRUSHED OIL FILTERS REMOVAL-FLEET 60.00
SERVICES.
31097 LOFFLER BUSINESS SYSTEMS INC TRANSCRIBER-PARK & RECREATION DEPT. 455.71
31098 MICHAEL & PATRICIA LOOSEN REFUND-UNUSED PORTION OF DEVELOPERS 441.12
DEPOSIT AGREEMENT.
31099 LYMAN LUMBER CO MASONITE-STREET MAINTENANCE. 61.24
31100 M & H EQUIPMENT INC CYLINDER REPAIR KITS/GLAND/ROD WIPER/ 273.38
RETAINING RING~ATER DEPT.
31101 MACQUEEN EQUIPMENT INC BEARING ENDS/FLANGE BEARING/ROLLER WELD/ 542.51
FELT SEAL RINGS/SHOCK ABSORBERS-FLEET
SERVICES.
31102 CITY OF MAPLE GROVE 1-494 CORRIDOR COMMISSION MEMBERSHIP DUES. 4244.20
31103 MARKHURD SERVICE-AERIAL SURVEY/TOPOGRAHIC MAPPING. 10260.00
31104 MARSHALL & SWIFT COMPUTER SOFTWARE UPDATE-ASSESSING DEPT. 449.00
31105 LISA MASCARENAS SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 272.00
31106 MASYS CORPORATION JUNE 95 COMPUTER HARDWARE & SOFTWARE 1429.70
MAINTENANCE AGREEMENT-POLICE DEPT.
31107 MAXI -PRINT INC PRINTING-BUSINESS CARDS-POLICE DEPT. 149.10
31108 MCGLYNN BAKERIES INC EXPENSES-POLICE DEPT/SENIOR CENTER/POOL 62.70
LESSONS.
31109 MENARDS STAPLES/CABLE TIES/HOSES/HANDLES/BOX/TRAY/ 568.68
CABLE CLAMPS/ANCHORS/STAKES/JOINT PLATE/
KEY BLANKS/FERTILIZER/SILT FENCES/TREATED
TIMBERS/CONSTRUCTION LUMBER/SIDING.
31110 METRO LEGAL SERVICES INC TRACT SEARCH-HOUSING REHABILITATION 40.00
PROGRAM.
31111 METRO SALES INC COPIER INK-CITY HALL. 88.30
3991377
MAY 23, 1995 8.
MAY 23, 1995 VI
31112 METRO SYSTEMS HANGING FILE FRAMES-POLICE DEPT. 160.76
31113 METROPOLITAN AREA MGMT ASSN MEETING EXPENSES-ADMINISTRATION DEPT. 13.50
31114 METROPOLITAN COUNCIL WASTEWATER S JUNE 95 SEWER SERVICE. 163987.00
31115 METROPOLITAN COUNCIL WASTEWATER S APRIL 95 SAC CHARGES. 75735.00
31116 SHERI L MEULEBROECK EXPENSES-KIDS KORNER PROGRAM/AFTERSCHOOL 24.69
CONNECTION PROGRAM.
31117 MIDLAND EQUIPMENT CO EXPANDED METAL PLATE-PARK MAINTENANCE/ 505.87
TACK TANK-STREET DEPT.
31118 MIDWEST ASPHALT CORP PATCHING ASPHALT/WASTE DISPOSAL OF 2822.10
ASPHALT/CONCRETE-STREET MAINTENANCE/PARK
MAINTENANCE/STORM DRAINAGE.
31119 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT. 689.48
31120 HERMAN MILLER INC DRAWER-ENGINEERING DEPT. 39.30
31121 MINNCOMM PAGING MAY 95 PAGER SERVICE-UTILITIES DIVISION. 44.46
31122 MINNESOTA DEPT OF HEALTH PUBLIC WATER SUPPLY SERVICE CONNECTION 15890.00
FEE-WATER DEPT.
31123 MN DEPT OF PUBLIC SAFETY DATA PROCESSING SERVICE-POLICE DEPT. 990.00
31124 MN POLICE & PEACE OFFICERS ASSN POCKET TELEPHONE DIRECTORIES-POLICE DEPT. 25.00
31125 MINNESOTA STATE TREASURER APRIL 95 BUILDING SURCHARGES. 6630.48
31126 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADS-HUMAN RESOURCES DEPT. 688.20
31127 MINT CONDITION DETAILING VEHICLE CLEANING/REMOVAL OF DECALS-FLEET 1150.00
SERVICES.
31128 MOORE MEDICAL CORP SAFETY GLOVES/PRESSURE REDUCER/FLASHLIGHT 267.26
HOLSTER-FIRE DEPT.
31129 MTI DISTRIBUTING CO DIFFERENTIAL GEAR & PINIONS/BEARINGS & 922.74
CONES/SNAP RINGS/GASKET/OIL DRAIN PLUG/
ELEMENTS/BELTS/WHEEL ASSEMBLIES-FLEET SVCS
31130 MUNICILITE CO STROBE SYSTEM/CONDUIT COAXIAL CABLES/ 1207.72
WATER PROOF CONNECTORS/MINI EDGE STROBE
BAR-FLEET SERVICES.
31131 MUSIC THEATER INTERNATIONAL ROYALTY FEE FOR USE OF SCORE FOR SUMMER 851.00
THEATER-HISTORICAL & CULTURAL COMMISSION.
31132 VOIV OUT CHECK ---0.00
31133 NATL RECREATION & PARK ASSN DUES-SENIOR CENTER. 160.00
31134 CHRIS NELMS ROLLER HOCKEY CLINIC INSTRUCTOR/FEES PAID. 416.50
31135 NORTH STAR ICE SUPPLIES-LIQUOR STORES. 371.87
31136 ANNETTE OCONNOR SERVICE-BOARD OF REVIEW-ASSESSING DEPT. 150.00
31137 BILL OLSON BLACK DIRT-PARK MAINTENANCE. 54.32
31138 OLSEN CHAIN & CABLE CO INC STAINLESS CABLE/STEEL CLIPS/WIRE ROPE-3-29.30
WATER DEPT.
31139 PHIL OLSON SERVICE-BOARD OF REVIEW-ASSESSING DEPT. 100.00
31140 OPM INFORMATION SYSTEMS COMPUTER REPAIR-FINANCE DEPT/COMPUTER & 2079.24
MONITOR-$1819-ASSESSING DEPT/MONITOR
REPAIR-COMMUNITY CENTER.
31141 JOHN A OTT SERVICE-FACILITATION & TRAINING WORKSHOP-220.00
HUMAN RESOURCES DEPT.
31142 PAPER WAREHOUSE NAPKINS/TABLE COVERS/PLATES-SENIOR CENTER/ 84.45
SOCIAL PROGRAMS/COMMUNITY CENTER.
31143 PARK NICOLLET MEDICAL CENTER HEPATITIS B VACCINE-HUMAN RESOURCES DEPT. 470.00
31144 PARROTT CONTRACTING INC WATERMAIN REPAIR/PIPE/FITTINGS/CONCRETE-6498.00
WATER DEPT.
28357824
MAY 23, 1995 9.
MAY 23, 1995 VI
31145 J C PENNEY UNIFORMS-POLICE DEPT. 115.30
31146 PEPSI-COLA COMPANY CONCESSION STAND SUPPLIES-SKATING RINKS 136.50
PROGRAM.
31147 PERSONNEL DECISIONS INC POSITION PROFILES & QUESTIONAIRES REVISED 280.00
& PRODUCED-HUMAN RESOURCES DEPT.
31148 CONNIE L PETERS MILEAGE-COMMUNITY CENTER. 15.68
31149 PINNACLE DISTRIBUTING SUPPLIES-LIQUOR STORE III. 37.45
31150 MARCI POGATCHNIK UNIFORMS-POLICE DEPT. 112.00
31151 POWERTEX SPORTSWEAR INC T-SHIRTS-SPECIAL TRIPS & EVENTS PROGRAM. 247.00
31152 J A PRICE AGENCY INC FIDELITY BONDS & LIQUOR STORES LIABILITY 2025.06
INSURANCE.
31153 RC IDENTIFICATIONS INC STRAP CLIPS-POLICE DEPT. 18.64
31154 REGAL CLEANERS BLANKET DRY CLEANING SERVICE-POLICE DEPT. 70.00
31155 RICOH CORPORATION MAY 95 COPIER MAINTENANCE AGREEMENT-CITY 626.86
HALL.
31156 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-SINGLETREE WATERMAIN CONSTRUCTION/ 38038.47
WATER TOWER/RECONSTRUCTION OF OLD CITY
WEST PKWY/GOLDEN RIDGE RD DESIGN/MAPING/
SUNNYBROOKE RD PRELIMINARY DESIGN.
31157 RIGID HITCH INCORPORATED SWIVEL/PINTLE/HITCH PIN & CLIP-FLEET 207.88
SERVICES.
31158 RITZ CAMERA FILM/FILM PROCESSING-COMMUNITY SERVICES 255.01
DEPT/ENGINEERING DEPT/HUMAN RESOURCES
DEPT.
31159 RYANS RUBBER STAMPS RUBBER STAMPS-LIQUOR STORE I/FINANCE DEPT. 52.40
31160 SAFETY-KLEEN CORPORATION CARBURETOR CLEANER-FLEET SERVICES/PARK 270.38
MAINTENANCE.
31161 DICK SAGER SERVICE-BOARD OF REVIEW-ASSESSING DEPT. 150.00
31162 ST CLOUD STATE UNIVERSITY SCHOOL-FIRE DEPT. 322.00
31163 ST PAUL BOOK & STATIONERY CO OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 52.01
FORESTRY DEPT.
31164 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT. 525.00
31165 SEELYE PLASTIC INC PVC AIR EXHAUST UNIT EXTERIOR COVERS-824.31
WATER DEPT.
31166 ALAN SHILEPSKY CONSULTING INC VMS PROGRAM UPGRADE-FLEET SERVICES. 1380.00
31167 BARBARA SIDTIS PROPS FOR ICE SHOW-COMMUNITY CENTER. 88.23
31168 SIR SPEEDY PRINTING CENTER PRINTING-ARBOR DAY WALK BROCHURE-FORESTRY 183.18
DEPT.
31169 ERIC SIT SERVICE-TAE KWON DO INSTRUCTOR/FEES PAID. 1209.60
31170 PETER N SMITH SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 119.00
31171 W GORDON SMITH CO DEGREASER/UNLEADED FUEL-FLEET SERVICES/ 558.75
WASHER FLUID-FLEET SERVICES.
31172 SNAP ON TOOLS CORP TRAINING SEMINARS-FLEET SERVICES. 250.00
31173 SNAP-ON TOOLS CORPORATION SCREWDRIVER SET/DIAGONAL CUTTER/DRILL 257.32
REPAIR/EXTENSION/SOCKET SET-FLEET
SERVICES/WATER DEPT.
31174 SNYDER DRUG FIRST AID SUPPLIES/SHOE POLISH-POLICE 61.64
DEPT.
31175 SO HENNEPIN REGIONAL PLANNING FIRST QTR 95 FAMILY SVCS COLLABORATIVE 4336.25
PROJECT-COMMUNITY SERVICES DEPT.
5282592
MAY 23, 1995 10.
MAY 23, 1995 VI
31176 SOUTHAM BUSINESS COMMUNICATIONS LEGAL PUBLICATIONS-CITY HALL. 146.25
31177 SOUTHDALE YMCA FIRST QTR 95 SERVICE-DETACHED WORK 6250.00
PROGRAM-COMMUNITY SERVICES DEPT.
31178 SOUTHWEST CONTRACTORS SUPPLY HAMMER DRILL REPAIR~ATER DEPT. 21.30
31179 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-HUMAN RESOURCES DEPT. 114.10
31180 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIQUOR STORES/LEGAL 1554.57
PUBLICATIONS-CITY HALL.
31181 SPECIALTY PENCILS DRUG PREVENTION SUPPLIES-POLICE DEPT. 324.00
31182 SPORTS WORLD USA JACKETS-POLICE DEPT. 160.00
31183 SPRINGSTED FINANCIAL ADVISORY SERVICE FOR LOW INCOME 2500.00
HOUSING TIF STUDY.
31184 SQUARE CUT CABINETS FOR VAN FOR SURVEY CREW-FLEET 150.00
SERVICES.
31185 EMMETT STARK SERVICE-COMMUNITY BAND DIRECTOR-ART & 820.00
MUSIC PROGRAM.
31186 THE STATE CHEMICAL MFG CO LU8RICANT~ATER DEPT. 265.00
31187 STAR TRIBUNE EARLY SUNDAY PAPERS FOR RESALE-LIQUOR 21.90
STORE III.
31188 STOREFRONT/YOUTH ACTION INC FIRST QTR 95 YOUTH COUNSELING & REFERRAL 1287.50
SERVICE-COMMUNITY SERVICES DEPT.
31189 STREICHERS PROFESSIONAL POLICE EQ SIREN AMPLIFIER REPAIR/HALOGEN LAMPS/DOME-195.55
FLEET SERVICES.
31190 STRGAR ROSCOE FAUSCH INC SERVICE-DELL ROAD SOUTH/SCENIC HEIGHTS 3998.83
ROAD/DELL RD TH 212 TO 82ND ST/PRESERVE
BLVD & ANDERSON LKS PKWY.
31191 MICHELLE SUNDBERG TRAINING SUPPLIES-FIRE DEPT. 164.28
31192 SWEDLUND SEPTIC SERVICE WASTE DISPOSAL SERVICE-PARK MAINTENANCE. 95.00
31193 TARGET STORES REFUND-BUILDING PERMIT FEES. 125.00
31194 TCSS ACQUISITION REFUND-BUILDING PERMIT FEES/PERMIT #10247-171.90
8789 SYCAMORE COURT.
31195 TEENS ALONE FIRST QTR 95 YOUTH OUTREACH PROGRAM-2000.00
COMMUNITY SERVICES DEPT.
31196 THOMPSON PUBLISHING GROUP PUBLICATION-UTILITIES DIVISION. 312.50
31197 JEANE THORNE INC SERVICE-SENIOR CENTER. 726.60
31198 TIE SYSTEMS INC-MN INSTALLED EXTENSION/ACTIVATED WALL PHONE/ 570.00
MOVES EXTENSION & REPROGRAMMED PHONE-CITY
HALL.
31199 TKDA & ASSOC INC SERVICE-RECONSTRUCTION OF MUNICIPAL 310.63
FACILITIES ADJACENT TO MITCHELL RD.
31200 TRICIA & THE TOONS ENTERTAINMENT-SOCIAL PROGRAMS. 300.00
31201 TWIN CITY AREA LABOR MGMT COUNCIL ADDITIONAL SERVICE-HUMAN RESOURCES DEPT. 200.00
31202 TWIN CITY OXYGEN CO ARGON/OXYGEN/ACETYLENE-FIRE DEPT/FLEET 288.57
SERVICES.
31203 UNIFORMS UNLIMITED UNIFORMS-ANIMAL CONTROL DEPT. 79.49
31204 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT. 40.45
31205 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT. 1245.88
31206 BRENDA UTING SUPPLIES FOR OPEN HOUSE-SENIOR CENTER. 110.47
31207 VESSCO INC ELECTROLYTE SOLUTION~ATER DEPT. 81.06
31208 VIDEO TOASTER USER PUBLICATION-POLICE DEPT. 64.00
31209 TRIA D VIKESLAND MILEAGE-ADAPTIVE RECREATION PROGRAM. 57.12
2475195
MAY 23, 1995 11 .
MAY 23, 1995 VI
31210 WAL-MART STORE 1855 GOLF BALLS-ORGANIZED ATHLETICS PROGRAM. 67.99
31211 WARNING LITES OF MN FLUORESCENT CONES/TRAFFIC. CONTROL SIGNS-64.64
WATER DEPT.
31212 WARREN GORHAM & LAMONT SUBSCRIPTION-HUMAN RESOURCES DEPT. 474.95
31213 WASTE MANAGEMENT-SAVAGE WASTE DISPOSAL SERVICE-PARK MAINTENANCE/ 102.56
LIQUOR STORE I.
31214 WATERPRO GATE VALVE/RUBBER GASKETS/NUTS & BOLTS/ 476.42
SEALS/MEASURING CHAMBERS/FLANGE KIT~ATER
DEPT.
31215 WAYTEK INC CABLE TIES & LASHINGS-PARK MAINTENANCE. 42.28
31216 WEST SUBURBAN MEDIATION CTR FIRST QTR 95 SERVICE-COMMUNITY SERVICES 625.00
DEPT.
31217 JOEL WESTACOTT PRODUCTION SVCS VIDEO SERVICES FOR COUNCIL MEETINGS-94.50
COMMUNITY SERVICES DEPT.
31218 WESTBURNE SUPPLY INC-MPLS SEATS-COMMUNITY CENTER. 48.36
31219 WICKENHAUSER EXCAVATING INC TRENCHING & TILING FOR PLAYSTRUCTURE & 1401.50
PICNIC AREA-PIONEER PARK.
31220 VICKI J WICKS REFUND-OVERPAYMENT UTILITY BILLING. 29.77
31221 WINDFIELD LTD PARTNERSHIP REFUND-OVERPAYMENT OF SPECIAL ASSESSMENTS. 1823.93
31222 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-STREET MAINTENANCE/ 139.62
PARK MAINTENANCE.
29425 VOID OUT CHECK 7.48-
29644 VOID OUT CHECK 25.00-
30559 VOID OUT CHECK 977.88-
30567 VOID OUT CHECK 71.22-
30593 VOID OUT CHECK 1127.24-
30685 VOID OUT CHECK 3062.70-
30785 VOID OUT CHECK 154.89-
30808 VOID OUT CHECK 205.78-
30819 VOID OUT CHECK 19012.26-
30828 VOID OUT CHECK 290.11-
-1954304
$1151841.76
MAY 23, 1995 12.
DATE:
CITY COUNCIL AGENDA
May 23,1995
SECTION: Petitions, Requests, & Communications
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Administration--C. Jullie, Request by Residents of Sunshine & Moonlight
C. Dawson Drives re: Edenvale Wetland VIII. A
Requested Action:
It is recommended that the Council refer the residents' request to staff and defer further
consideration of the matter until the delineation of wetland on the parcel has been completed.
Ba ck2r ound:
The residents of the Sunshine/Moonlight Drives area have prepared a Resolution for the Council's
consideration about the tax-forfeit parcel by Edenvale Boulevard and Woodland Drive. The Resolution
they drafted proposes that:
1) The City gain ownership of the parcel and "retain ... [it] in a natural state, without further
development or any other activity that will adversely affect the natural habitat or natural values of
said property. "
2) If the City cannot obtain the parcel "despite the documented best efforts of City staff, the City
Council directs City staff to refrain from any action that will:
a) subdivide the parcel
b) result in the residential or commercial development of the parcel; or
c) otherwise adversely affect or compromise the natural habitat and natural values of said
parcel. "
At this time, the wetland area of the parcel is being delineated. This information will determine what
portion of the property might be developable. $80,000+ in special assessments are still pending against
this property.
Joyce Provo
Assistant to City Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Dear Ms. Provo,
Gary J. Diamond
7215 Sunshine Drive
Eden Prairie, MN 55346
May 15, 1995
On behalf of the residents of Sunshine Drive and Moonlight Drive of Eden Prairie, this
letter is being submitted to formally request an issue be included on the agenda of the
next City Council meeting held May 23, 1995. Specifically, the issue for discussion
relates to the preservation of Eden Prairie tax-forfeit parcel #09-116-22-12-0066,
located at the intersection of Woodland Drive and Edenvale Boulevard.
Enclosed for the City Council's review and consideration is a draft of a resolution
pertaining to the above parcel.
If you have any questions or concerns regarding the above, please telephone me at
my office at 949-2545 or home at 949-2803. Thank you for your attention to this
request.
Enclosure
Sincerely,
~o~n~d~~~~~
May 23,1995
RESOLUTION NO. 95-
TAX-FORFEITED LAND RESOLUTION
WHEREAS, Minnesota Statute 282.01 allows the City of Eden Prairie to withhold and retain
tax-forfeited land from public auction for conservation purposes;
WHEREAS, tax-forfeited land in the City of Eden Prairie is valuable green space that should
be retained by the City and not released for auction;
WHEREAS, Eden Prairie tax-forfeit parcel No. 09-116-22-12-0066 was once illegally released
for public auction in violation of Minnesota Statue 282.018 and now has been withdrawn from
public auction by the Minnesota Department of Natural Resources and Hennepin County;
WHEREAS, the City of Eden Prairie finds that the above-stated parcel has important wetland
and other conservation values;
NOW, THEREFORE, BE IT RESOLVED:
1. Pursuant to Minnesota Statute 282.01, the Eden Prairie City Council directs city staff
to make Application to the appropriate agency to obtain Parcel No.
09-116-22-12-0066. Said property shall be retained by the City of Eden Prairie in a
natural state, without further development or any other activity that will adversely
affect the natural habitat or natural values of said property.
2. In the event that paragraph 1 cannot be accomplished despite the documented best
efforts of city staff, the City Council directs city staff to refrain from any action that
will:
a. Subdivide the parcel;
b. Result in the residential or commercial development of the parcel; or
c. Otherwise adversely affect or compromise the natural habitat and natural values
of said parcel.
The foregoing resolution was moved by Council member ___________ and
seconded by Council member _____ ---:-________ _
The following Council members voted in the affirmative: _____________ _
The following Council members voted in the negative: ______________ _
Mayor
Attest: City Clerk
DATE:
CITY COUNCIL AGENDA
May 23, 1995
SECTION: Report of Director of Public Works
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Public Works--G. Dietz
Administration--C. Jullie Midwest Asphalt XI. E 1
City Attorney--R. Rosow
Requested Action:
It is recommended that the Council allow Midwest Asphalt to proceed with its site and operations
alterations per the conditions stated in the May 18, 1995, City Attorney's letter to the company.
Back&round:
The staff and City Attorney's office have continued discussions with Midwest Asphalt. There are still
several points of disagreement between the parties. There is some agreement about how to proceed with:
1) site cleanup, berming, fencing, and landscaping; and
2) some aspects of crushing and asphalt plant operations restrictions for 1995.
We have requested that Blaine Johnson and his attorney, David Sellergren, be present at the Council
meeting.
Supporting Information:
1) Correspondence from Midwest Asphalt (May 12, 1995)
2) Letter from City Attorney to attorney for Midwest Asphalt (May 18, 1995)
RPORATION
May 12, 1995
Mr. Carl J. Jullie, City Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Re: Midwest Asphalt Corporation
Eden Prairie Operations
Dear Carl:
P.O. BOX 5477. HOPKINS, MINNESOTA. 55343
PHONE: (612) 937-8033 • FAX: (612) 937-6910
In preparing my response to your letter, dated April 28, 1995, I have spent some time reviewing
the file in this matter, including the correspondence and my notes which have accumulated over
the last two years of discussions. It would appear that we are still a ways apart from a mutually
acceptable settlement, and I will address the reasons by responding specifically to the five points
in your letter.
Since I can only guess as to the actual distribution this and other correspondence gets at City Hall,
I am compelled to preface my response. For two years, Midwest Asphalt has been at the
negotiating table with the City. We have repeatedly stated our willingness to substantially change
our operations in order to be better neighbors. We have demonstrated this willingness by staying
at this table. We have unilaterally taken steps to enhance our operations in order that we might
mitigate and anticipate specific concerns. Most of these steps have a substantial cost associated
with them. The oil tanks have been removed from the south side of the property. We purchased a
broom and water truck for dust control, which are permanently stationed at the site. The burner
on the asphalt plant has been replaced with a quieter, more efficient burner. The wet scrubber has
been replaced with a baghouse, which will reduce the steam emitted from the stack and eliminate
a major source of dust. These are a few of the major steps taken.
In addition to these operational changes, we have spent well over $10,000 on surveys,
engineering, noise monitoring and legal fees in the course of our negotiations over the last two
years. I believe that our actions prove our commitment to resolve the matters at hand. However, I
must tell you that we at Midwest Asphalt are tired of spending money without getting any closer
MEMBER
NAPA -r1'fII_ _'BP~
NATIONAL ASPHALT
PAVEMENT ASSOCIATION
(I
~
An Equal Opportunity Employer
Mr. Carl 1. Jullie, City Manager
May 12, 1995
Page 2
to a settlement. When we met last February, the discussions stalled when the City demanded no
active use of the "rural" property. This, in spite of the fact that we had submitted numerous
drawings and sketches over the course of several months, an of which depicted active stockpiles
on this piece.
We began these discussions following the City'S cease and desist letter sent in June 1993, alleging
numerous, unspecified complaints. Very few specifics have been forthcoming to this date. When
the noise issue was raised, we hired an independent lab to test the noise levels, and the results
reported showed that we were in compliance with MPCA standards. The most recent noise
complaint came on March 16, 1995 from "a neighbor on the hill" according to Jean Johnson.
When Jean tested with the City'S noise meter, she reported to me that she measured 57 db on the
hill, which is well within the allowable for this residential area. Our own noise measurements
indicate that similar levels occur even without the crusher operating. I do not understand how this
noise level can be described as "intolerable" as noted in the Council minutes from the March 25,
1995 meeting.
We are now engaged in a discussion pertaining to the zoning status of a piece of our property. In
1993, after 25 years of continuous operations on this same property, and many more preceeding
this as Northern Contracting Company, the City now decides to question our right to operate on
the property. The simple fact that we have such a long history on the site, as corporate citizens of
Eden Prairie, should surely count for something, both in court and in our negotiations. The rural
argument used by the City to leverage these negotiations is neither certain or compelling.
Nevertheless, Midwest Asphalt has taken the position that we prefer to spend our money in
making physical improvements to mitigate the impact of our operations, rather than on attorney
fees to fight in court. Given the City's changing position, it may soon reach the point where there
is no benefit to Midwest Asphalt to continue with this philosophy.
To respond specifically to your April 28th proposal, point by point:
1. We are proceeding with construction of a berm around a portion of the site. The construction
season is now here, and we cannot delay further. We need to process the materials on site, as well
as take advantage of the availability of inbound material to construct the berm. We agree with a
10 foot berm with a wood fence constructed on top. The asphalt and concrete rubble being used
to construct the berm will be faced on the exposed side with dirt and topsoil, and planted with
permanent groundcover. A jersey barrier is not necessary on the back side of the fence.
2. The months and hours of crushing has been a moving target in these negotiations. This is also
an area which has a very real cost impact on Midwest Asphalt. As I wrote in a previous letter, for
Mr. Carl J. Jullie, City Manager
May 12, 1995
Page 3
the 1995 season we intend to work long days (7 to 7) in order to finish as early in the summer as
possible. Depending on weather and the amount of inbound material, we anticipate that this could
run into sometime in July. For 1996 and thereafter, we will consider a limitation similar to that
you propose, if the City will agree to keep it "cost-equal". The crushing plant seems to be the
source ofirritant, not the asphalt plant. We would agree to eliminate all crushing during June, July
and August, with no emergency period, if the asphalt plant is allowed to operate between 6am and
9pm for up to 60 days during any calendar year, at our discretion. We would be required to notify
the City prior to exercising these discretionary days, to allow the City to keep track. Allowing
extended hours of operation on the asphalt plant would offset the additional inventory costs
incurred by not crushing during these three months, as well as the costs associated with not being
able to respond to key market opportunities as they come available.
3. We have never argued the point that MPCA noise regulations apply to our operations. We have
been in continuous operation for 27 years at this site. The railroad adjacent to the east property
line was active during much of this time. A rail spur served this location for shipments into our
site. Recently, the heavy industrial use as a railroad has changed to light rail corridor, with an
interim use as a trail. However, we were here first. The rail corridor is appropriately classed as
heavy industrial, and should remain so for noise classification purposes.
4. We agree to set aside the exposed, landscaped slopes of the berm as a permanent buffer. How
the City deals with the rural zoning issue is not as important to us as the long term security of our
operations, ie, our right to exist and run our business without interference. If this is done through
an annual permit, there must be provision for an automatic renewal.
5. Some notification period is appropriate prior to enforcement action. Also, who determines
when a violation occurs must be addressed.
Midwest Asphalt's Eden Prairie operations are a very important part of the company. As I have
said before, fifty of our employees depend either directly or indirectly on the Eden Prairie
operations for their livelihood. The well being of the company and these employees must be
considered during the negotiations, not just that of a vocal few.
I think that an appearance before the Council at the May 23rd meeting is premature. I believe that
I have responded fully to your letter, and suggest that the next step should be to develop a draft
agreement from which to work. I am available to meet with you prior to this to address the open
items. I would like Dave Sellergren involved in this next discussion. For your information, I have
requested a meeting with Mayor Harris to discuss the matter also.
Mr. Carl J. Jullie, City Manager
May 12, 1995
Page 4
Please call me with any questions. I wait to hear from you.
Very Truly Yours,
~~
Blaine M. Jolinson, P.E.
President
cc: Dave Sellergren
......
LANG, PAULY & GREGERSON, LTD.
ATTORNEYS AT LAW
FIRST BANK PLACE
1600 IBM PARK BUILDING
650 THIRD AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55402-4337
TELEPHONE: (612) 338-0755
FAX: (612) 349-6718
ROBERT I. LANG
ROGER A. PAULY
DAVID II. GREGERSON'
RICHARD F. ROSOW
MARK 1. JOHNSON
JOSEPH A. NILAN'
SUSAN M. LACH"
WJWAM R. MILLER
TODD A. SATTI.ER
JENNIFER M. INZ
GERAlNT D. POWELl.
EDEN PRAIRIE OFFICE
SUITE 370
250 PRAIRIE CENTER DRNE
EDEN PRAIRlE. MINNESOTA 55344
TELEPHONE: (612) 829-7355
FAX: (612) 829-0713
REPLY TO M1NNEAPOUS OffiCE
* Also Admitted in Wisconsin
.. Also Admitted in Colorado
David Sellergren
Doherty, Rumble & Butler
3500 Fifth Street Towers
Minneapolis, MN 554024235
Re: Midwest Asphalt Corporation
Eden Prairie Operations
Dear Mr. Sellergren:
May 18, 1995
VIA FACSIMILE
AND U.S. MAIL
Carl Jullie has requested that I reply to your client's response to the City's April 28th
proposal. Rather than argue about what has taken place up to now I will limit my comments to
the five proposal points set forth in Mr. Jullie's letter which Mr. Johnson also addressed. This
response represents a compromise between the two positions. Mr. Jullie is prepared to
recommend to the City Council on May 23rd the following resolution of the matter:
I. Site cleanup, berm, fencing and landscaping:
a. Construct a 10 foot high berm (in relationship to adjacent grades) along East,
South and West property lines;
b. The maximum slope on the exterior of the berm will be 2: I;
c. Topsoil to insure plant growth must be placed on exterior face of berm;
d. Seed and mulch berm with highway right-of-way seed mix;
e. Install a 6 foot high solid fence on crest of the berm. The fence facing boards
must be constructed of 2 inch treated lumber;
f. The fence must be maintained in place as originally constructed and kept in good
repaIr;
g. A row of 6 foot tall evergreens on 10 foot centers must be planted on outside
perimeter of fence;
h. The jersey barrier will not be required.
2. -Crushing and asphalt plant operations:
a. Except for 1995, no crushing is to take place during June, July and August;
b. During 1995 crushing may continue until July 15;
c. During the remainder of any year crushing is allowed from 7:00 a.m. to 7:00 p.m.
Monday through Saturday;
LANG, PAULY & GREGERSON, LTD.
David Sellergren
May 18, 1995
Page 2
d. The asphalt plant may operate year round from 7:00 a.m. to 7:00 p.m., Monday
through Saturday.
3. Noise regulations:
a. Operations must be conducted to comply with City Code, as well as MPCA noise
regulations which classifies the Hennepin County right-of-way as recreational.
4. Rural property:
a. No operations on the rural property except the inside face of the berm may be
worked as a stockpile pursuant to a grading permit.
b. A grading permit would be required and would be effective for a period of five
(5) years;
c. A landscape bond will be required to be maintained for the period of the permit
as security for compliance with the permit conditions, including fencing and
vegetation.
5. Enforcement:
a. Notice of a hearing for revocation of the permit shall be given by the City Clerk
in writing, setting forth specifically the grounds of complaint and the time and
place of hearing. Such notice shall be mailed at least five days prior to the date
of the hearing.
b. If the Council determines a violation has occurred, the City may enjoin the further
operations that violate the permit or City Codc and or may revoke the grading
permit~
c. Midwest Asphalt would retain its right to appeal the decision of the Council to
District Court;
Mr. Johnson's lettcr of May 12, 1995 indicated that he thought an appearance before the
Council on May 23rd was premature. We disagree and believe it is extremely important, given
the Council's direction to staff on this matter that Mr. Johnson be present at the meeting. City
staff will report to the Council that evening on the status of this matter. I encourage Mr. Johnson
and you if he desires to be prescnt at the meeting. I would appreciate hearing back from you
on Monday with your client's response to this proposal.
Very truly yours,
LANG, PAULY & GREGERSON, LTD.
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